Loading...
2023-02-06 February 6, 2023 Mayor and Council Meeting Minutes - SIGNED - LFCity Council Meeting Minutes - FINAL MAYOR AND COUNCIL Derek Norton, Mayor Tim Gould, Mayor Pro Tern (Ward 6) Glenn Pickens (Ward 1) Latonia P. Hines (Ward 2) Travis Lindley (Ward 3) Charles "Corkey" Welch (Ward 4) Susan Wilkinson (Ward 5) Lewis Wheaton (Ward 7) Smyrna Community Center Magnolia Room 200 Village Green Cir Smyrna, GA 30080 February 06, 2023 7:00 PM CEREMONIAL MATTERS 1 F 3 4. 5. Roll Call City Attorney Scott Cochran City Administrator Joseph Bennett City Clerk Heather K. Peacon-Corn Present: 8 — Mayor Derek Norton, Councilmember Glenn Pickens, Councilmember Latonia P. Hines, Councilmember Travis Lindley, Councilmember Charles Welch, Councilmember Susan Wilkinson (virtual), Mayor Pro Tem/Councilmember Tim Gould, and Councilmember Lewis Wheaton Also Present: 1 — Scott Cochran Staff: 6 — Joe Bennett, Dan Campbell, Lisa Collins, Jill Head (virtual), Russell Martin, Heather Peacon-Corn, Eric Randall, Joey Staubes, and Andrea Worthy Call to Order Mayor Derek Norton called to order the February 6, 2023 Mayor and Council Meeting held at the Smyrna Community Center in the Magnolia Room at 7:00 PM. Invocation and Pledge of Allegiance A. Rev. Charles Maxell, Jr., The Breakthrough Fellowship (1810 Spring Rd) Agenda Changes Mayoral Report Page 1 of 12 February 06, 2023 City of Smyrna 200 Village Green Circle 7:00 PM Mayor and Council Meeting Community Center Mayor Derek Norton thanked staff for their hard work on the repairs after the damage incurred by several City buildings after the freeze over the holidays. The Wolfe Center is almost finished. Brinkley Park is open. City Hall is still under construction. Mayor Norton thanked the Smyrna Basketball Association for inviting him to speak at their awards ceremony. He spoke about education and handed out several awards. Mayor Norton thanked the Atlanta Track Club for their successful race in Smyrna. He mentioned that there was a tent there that advertised the Jonquil Jog being held on April 15, 2023 which will benefit not only the Campbell High School Foundation but also Support Smyrna, a local non-profit that helps support people in the community. 6. Proclamations and Presentations A. PRC2023-002 Proclamation in Recognition of Georgia Arbor Day 2023. Citywide Julie Barwig, Director of Environmental Services, announced that Keep Smyrna Beautiful (KSB) in conjunction with Parks & Recreation and the Smyrna Tree Board will be planting trees on February 17, 2023 at the Arboretum and other properties. The information can be found on their social media pages. Ms. Barwig also reminded everyone that Smyrna has a recycling center that takes many types of materials, and they also provide tours. The KSB website has all of that information online. She also announced that this year is Smyrna's 20th year as a Tree City USA. Mayor Pro Tern Tim Gould read the following proclamation aloud: GEORGIA ARBOR DAY WHEREAS: The first Arbor Day was celebrated in 1872 in Nebraska as a special day for planting trees and has grown to thousands of celebrations in communities across our nation each year; and WHEREAS: Community Partners, families, and friends will be joined together at local Arbor Day ceremonies to recognize the benefits of trees and urban forests; and WHEREAS: Trees will be planted across the state creating a lasting legacy for future generations; and WHEREAS: Trees improve water quality and quantity, reduce the erosion of precious topsoil, increase property values and economic vitality in business areas, provide shade, cleanse the air, create habitat for wildlife, and add beauty to communities; and WHEREAS: Trees promote outdoor recreation which improves human health and well-being and reduces "Nature -Deficit Disorder" in children by encouraging more activity and connection to the natural world; and Page 2 of 12 February 06, 2023 City of Smyrna 200 Village Green Circle 7:00 PM Mayor and Council Meeting Community Center WHEREAS: All of Georgia benefits from forestry, which contributes billions of dollars annually to our state's economy and provides employment for more than 100,000 people; and WHEREAS: The City of Smyrna has been a Tree City for 20 years due to the celebration of Arbor Day; now THEREFORE: I, Derek Norton, Mayor of the City of Smyrna, do hereby proclaim February 17, 2023 as Arbor Day in the City of Smyrna, and urge all citizens to celebrate Arbor Day and plant trees thus leaving a legacy for present and future generations. B. PRC2023-003 Proclamation in Recognition of Black History Month. Citywide Councilmember Latonia P. Hines read the following proclamation aloud: A PROCLAMATION BY THE MAYOR OF THE CITY OF SMYRNA In Recognition of Black History Month Whereas: Each year during Black History Month, the City of Smyrna celebrates the history and culture of African Americans, discovering stories of triumph, courage, and creativity, through lectures, discussions, exhibits, and educational events; and Whereas: The origins of Black History Month date back to 1915 when Dr. Carter G. Woodson founded the organization known today as the Association for the Study of African American Life and History; and Whereas: Dr. Woodson initiated Black History Week, February 12, 1926; and for many years, the second week of February, chosen to coincide with the birthdays of Erederick Douglass and Abraham Lincoln, was celebrated by African Americans in the United States; and Whereas: In 1976, as part of the nation's bicentennial, Black History Week was expanded and established as Black History Month, and is now celebrated all over North America; and Whereas: Harriet Tubman, a contemporary of Douglass and Lincoln, was an abolitionist and conductor on the Underground Railroad; Tubman, who perfectly exemplifies a role model of bravery and conviction for all Americans, will be celebrated at the Black History Month Dinner in Smyrna; and Whereas: The Fanny Williams Legacy Project and the continued restoration of Mt. Zion Cemetery are two examples of the City of Smyrna's continuing commitment to solidify the legacy of black history in Smyrna's city history; Now Page 3 of 12 February 06, 2023 City of Smyrna 200 Village Green Circle 7:00 PM Mayor and Council Meeting Community Center Therefore: I, Derek Norton, Mayor of the City of Smyrna, Georgia, do hereby proclaim the month of February 2023, to be Black History Month. Councilmember Lewis Wheaton announced an evening with Erica Armstrong Dunbar. The evening will focus on the life of Harriett Tubman. C. Performance by Mike & Tomaree Tarpley from The Breakthrough Fellowship in honor of Black History Month 7. Community Development Items A. Z22-011 Public Hearing - Zoning Request - Z22-011 - Allow a rezoning from R-15 to NS for a 6,675 sq. ft. retail business - 0.91 acres - Land Lot 700 - 3410 Atlanta Road - Grow Smyrna. Ward 6 Mayor Pro Tem/Councilmember— Tim Gould Russell Martin, Community Development Director, presented the following background: Location: 3410 Atlanta Road Size: 0.9 Acres Ward: 6 Existing Condition: Vacant Site Proposed Use: 6,675 sq. ft. retail business Existing Zoning: R-15 Proposed Zoning: NS-Conditional (Neighborhood Shopping) Existing Future Land Use: Medium Density Residential Proposed Future Land Use: Neighborhood Activity Center Adjoining Contiguous Future Land Uses: • North — Medium Density Residential • East — Neighborhood Activity Center • South — Medium Density Residential • West — Medium Density Residential Changes to the Zoning Plan Below are the changes to the site plan and zoning stipulations from the November 14, 2022 Planning and Zoning Board Meeting to address citizen concerns. Site Plan • Reduction of the building floor area from 8,000 sq. ft. to 6,675 sq. ft.. • Increase in parking spaces from 20 spaces to 30 spaces. • Increase in the rear building setback from 30' to 40'. • Added 5' sidewalk and crosswalk along Belridge Drive to connect to Atlanta Road. • Reduction of rear landscape buffer from 20' to 10'. Zoning Stipulations Page 4 of 12 February 06, 2023 City of Smyrna 200 Village Green Circle 7:00 PM Mayor and Council Meeting Community Center • Added smoke and vape shops to the list of prohibited uses. • Added requirement for pedestrian safety signage at driveway entrance. • Added requirement for directional signage for overflow parking. • Capped building size to 6,675 sq. ft.. • Added requirement for a minimum of 30 parking spaces on - site. • Added requirement for coordination of special events with the City with a share parking agreement for overflow parking. Staff Recommendation Community Development recommends anaroval of the rezoning from R-15 to NS-Conditional with the following conditions: Standard Conditions: Requirements # 1, 2, 3, 4, 5, 8, 9, 10, 12, 16, and 17 from Section 1201 of the Zoning Code are not applicable. The following requirements remain applicable: • Underground Utilities • Transportation Improvements • Burying of Debris Tree Ordinance • Landscape Architect • Landscaping r� Special Conditions: • Building Setbacks • Fire Access Requirements • Water & Sewer Improvements • Right-of-way Dedication • Sight Line Easements • Removal of Vegetation in Sight Line • Landscape Buffer (10' & 15') • Double Row of Evergreen Trees • Decorative Screening for Walls • Pedestrian Improvements at Entrance • Repair of Multi -use Trail • No Outdoor Bells or Speakers Brick Dumpster Enclosure • Screening of Mechanical Equipment • Deliveries between 7 am and 9pm • Entry Doors on Atlanta Road • Overflow Parking Signage • Pedestrian Safety Signage • Belridge Drive Sidewalk Connection • Max. Building Size of 6,675 sq. ft. • Min. of 30 Parking Spaces • List of Prohibited Uses • Cond. on Submitted Site Plan • Cond. on Submitted Building Elevations • Coord. Special Events & Overflow Parking Page 6 of 12 February 06, 2023 City of Smyrna 200 Village Green Circle 7:00 PM Mayor and Council Meeting Community Center Mr. Martin explained that the nearby Keller Williams and the church across the street have agreed to allow for overflow parking in their lots. There is not formal agreement, rather they are good faith agreements. Kevin Moore, attorney for Grow Smyrna, came forward. He explained that this was initially an application for GC, but because of concerns, they changed their application to NS. He gave several examples of other businesses near residential areas and they positive impact on those neighborhoods. The applicant has reduced the footprint of the building from 8,000 sq. ft to 6, 675 sq. ft. The applicant has also agreed to extending the sidewalk into the neighborhood. They are planning for 30 parking spaces which, based on an average of 44 customers per day, is more than sufficient. Mr. Moore reiterated that this is a neighborhood feed-n-seed, not a special events establishment. Mayor Pro Tern Gould, Councilmembers Hines and Welch expressed concerns about parking, overflow parking, and special events. Robert Walker, attorney for Devonshire Court HOA, came forward. He explained that there are eight total residential properties that border the property in question. According to the Comprehensive Plan, this is supposed to remain residential. Mr. Walker expressed that it is clear this is a beloved business in Smyrna, but those he represents do not feel this is an appropriate space for this business. He stated that the loading dock is 27 ft. away from the nearest neighbor. Traffic concerns: Sec. 301 of code is for the purposes of lessening congestion in street, protecting property values, and encouraging the most appropriate use of land in accordance with the Comprehensive Plan. Sec. 7-11: intent is to provide for development for planned shopping centers designed to serve the immediate neighborhood, but as the representative of the immediate neighborhood, he explained that this business does not serve the immediate neighborhood. He explained that there are 31 Conditions applied for this rezoning - having all of those conditions proves this is not a good space for this business. He summarized that there are concerns about privacy and noise, diminished property value, and added traffic. Mayor Derek Norton opened the public hearing. Several attendees were sworn in by the City Attorney, Scott Cochran. In Favor of item Z22-011 *Unknown Name* Josh Dougherty Robert Harrison Cheryl Carson Nadia Willliams Nick Finerly Rachel Harris Kurt Roland In Opposition to item Z22-011 Sabrina Crawley Nkateko Okwera John Taylor Kelly Golkin Scott *Unknown Last Name* Jeff Gapusan Councilmember Travis Lindley stated this property is in conflict when considering Future Land Use. He also mentioned all attempts should be made to come to a conclusion and consensus among parties so it does not have to get to this point so late in the process. Page 6 of 12 February 06, 2023 City of Smyrna 200 Village Green Circle 7:00 PM Mayor and Council Meeting Community Center Councilmember Lewis Wheaton stated based on principle he fully agrees with both sides, but he is concerned about the precedent this sets if they approve this zoning request. Councilmember Latonia P. Hines expressed her appreciation for the passion displayed on both sides. Her concern is with pedestrian safety. Councilmember Susan Wilkinson expressed that she loves the feed-n-seed, but she is concerned about the quality of life for the neighboring homeowners. Councilmember Glenn Pickens stated that though everyone wants to see this business succeed, he does not think this is a good location for a commercial business. Councilmember Charles Welch stated he spoke to those on both sides of this issue. Until hearing everything at this meeting, he had yet to make a decision. He stated he hopes that no matter the decision tonight, he wishes all the best. Mayor Pro Tern Tim Gould stated he is using zoning parameters as his guide for why he will vote against this item: Zoning factor 1 — suitable use of this space: questionable. Zoning factor 2 — feasible economic value as currently zoned: it is a desirable location for residential homes. Zoning factor 3 - conforms to current policy of future land use: it currently conforms, but if it were to be changed, it would not. Mayor Pro Tem/Councilmember Tim Gould made a motion to deny item Z 2- 011, a public hearing and zoning request (Z22-011) to allow a rezoning fr m R- 15 to NS for a 6,675 sq. ft. retail business on 0.91 acres on land lot 700 located at 3410 Atlanta Road by applicant Grow Smyrna; seconded by Councilmember Lewis Wheaton. The motion to deny carried with the following vote: Councilmember Pickens, Councilmember Hines, Councilmember Aye: 7 — Lindley, Councilmember Welch, Councilmember Wilkinson, Mayor Pro Tern / Councilmember Gould, Councilmember Wheaton Nay: 0 — None Recuse: 0 — None Mayor Norton recessed the meeting for five minutes at 9:55 PM. Mayor Norton reconvened the meeting at 10:00 PM. B. Z21-005 Public Hearing - Zoning Request - Z21-015 - Allow rezoning from R-15 to CBD - Land Lot 522 - 0.52 acres - 2986 King Street - Antiques, Wood, and Rustics LLC Ward 3 Councilmember— Travis Lindley Councilmember Travis Lindley made a motion to table until the February 20, 2023 Mayor and Council meeting item Z21-005, a public hearing and zoning request (Z21-015) to allow rezoning from R-15 to CBD on land lot 522 on 0.52 Page 7 of 12 February 06, 2023 City of Smyrna 200 Village Green Circle 7:00 PM Mayor and Council Meeting Community Center acres located at 2986 King Street by applicant Antiques, Wood, and Rustics LLC; seconded by Councilmember Glenn Pickens. The motion to table until the February 20, 2023 Mayor and Council meeting carried with the following vote: Councilmember Pickens, Councilmember Hines, Councilmember Aye: 7 — Lindley, Councilmember Welch, Councilmember Wilkinson, Mayor Pro Tem/Councilmember Tim Gould, Councilmember Lewis Wheaton Nay: 0 — None Recuse: 0 — None C. ORD2023-01 Approval of Ordinance ORD2023-01 - Annexation request (100% owners requesting annexation) - 0.33 Acre Tract — Parcel # 17037200940 - all that tract or parcel of land lying and being in Land Lot 372, 17th District, Cobb County, Georgia 2076 Gober Avenue SE, Smyrna, GA 30080, will be effective March 1, 2023 and part of Ward 5 and authorizes the Mayor to sign and execute all related documents. Ward 5 Councilmember— Susan Wilkinson Councilmember Travis Lindley made a motion to approve ORD2023-01, an annexation request (100% owners requesting annexation) on 0.33 Acre Tract — Parcel # 17037200940 - all that tract or parcel of land lying and being in Land Lot 372, 17th District, Cobb County, Georgia 2076 Gober Avenue SE, Smyrna, GA 30080, will be effective March 1, 2023 and part of Ward 5 and authorizes the Mayor to sign and execute all related documents; seconded by Councilmember Latonia P. Hines. The motion to approve carried with the following vote: Councilmember Pickens, Councilmember Hines, Councilmember Aye: 7 — Lindley, Councilmember Welch, Councilmember Wilkinson, Mayor Pro Tern / Councilmember Gould, Councilmember Wheaton Nay: 0 — None Recuse: 0 — None 8. Privilege License and Show Cause Hearing DISCUSSION / ACTION ITEMS Public comment during this portion of the Agenda must be limited to matters on the Agenda for action. If you wish to be heard, please sign up with the City Clerk, come to the podium when called by the Mayor, state your name and address for the record and make your remarks. The time allotted for each speaker is as follows: Public Hearing - Five (5) Minutes 9. Formal Business Councilmember Susan Wilkinson left the virtual option and will be marked absent for subsequent voting. Page 8 of 12 February 06, 2023 City of Smyrna 200 Village Green Circle 7:00 PM Mayor and Council Meeting Community Center A. 2023-016 Approve fixtures for the downtown park project as 77 recommended by Pond and Co and the Downtown Redesign Details Task Force. Ward 3 Councilmember - Travis Lindley Councilmember Travis Lindley made a motion to approve 2023-016 Approve fixtures for the downtown park project as recommended by Pond and Co and the Downtown Redesign Details Task Force; seconded by Councilmember Glenn Pickens. The motion to approve carried with the following vote: Councilmember Pickens, Councilmember Hines, Councilmember Aye: 5 — Lindley, Mayor Pro Tern / Councilmember Gould, Councilmember Wheaton Nay: 1 — Councilmember Welch Absent: 1 — Councilmember Wilkinson B. BCA2023-001 Appointment of Economic Development Director Andrea Worthy and Deputy Fire Chief Eric Mohrmann to serve as alternate members of the License and Variance Board effective February 15, 2023. Citywide Councilmember Travis Lindley made a motion to approve item BCA2023-001, the appointment of Economic Development Director Andrea Worthy and Deputy Fire Chief Eric Mohrmann to serve as alternate members of the License and Variance Board effective February 15, 2023; seconded by Councilmember Latonia P. Hines. The motion to approve carried with the following vote: Councilmember Pickens, Councilmember Hines, Councilmember Aye: 6 — Lindley, Councilmember Welch, Mayor Pro Tern / Councilmember Gould, Councilmember Wheaton Nay: 0 — None Absent: 1 — Councilmember Wilkinson C. RES2023-005 Resolution for the adoption of the City of Smyrna 2040 Comprehensive Plan Update Citywide Councilmember Travis Lindley made a motion to approve item RES2023-005, the adoption of the City of Smyrna 2040 Comprehensive Plan Update; seconded by Councilmember Charles Welch. The motion to approve carried with the following vote: Page 9 of 12 February 06, 2023 City of Smyrna 200 Village Green Circle 7:00 PM Mayor and Council Meeting Community Center Councilmember Pickens, Councilmember Hines, Councilmember Aye: 6 — Lindley, Councilmember Welch, Mayor Pro Tern / Councilmember Gould, Councilmember Wheaton Nay: 0 — None Absent: 1 — Councilmember Wilkinson D. CON2023-004 Approval to renew wrecker and towing services and new fee schedule for the City of Smyrna to Barrow Wrecker (2267 Dixie Ave SE, Smyrna, GA 30080) for the recovery of both disabled City of Smyrna Vehicles and equipment, as well as wrecker, towing and storage of disabled motor vehicles or motor vehicles in violations of City, County, State law or federal motor carrier safety violations for a period of 1 year, with a renewal extension of up to four years as noted in the contract signed March 21, 2022 and authorize the Mayor to sign and execute all related documents. Citywide The City of Smyrna requested proposals for Wrecker & Towing Services for the City in 2022, and Barrow Towing was awarded a contract with up to five one-year renewal options. This contract is to recover both disabled City of Smyrna vehicles and equipment and wrecker/towing/storage of disabled motor vehicles or motor vehicles in violation of city, county, state law or federal motor carrier safety violations. The City will renew the current contract for a one-year option for the period of March 1, 2023 through February 29, 2024. Councilmember Charles Welch made a motion to approve CON2023- 004 Approval to renew wrecker and towing services and new fee schedule for the City of Smyrna to Barrow Wrecker (2267 Dixie Ave SE, Smyrna, GA 30080) for the recovery of both disabled City of Smyrna Vehicles and equipment, as well as wrecker, towing and storage of disabled motor vehicles or motor vehicles in violations of City, County, State law or federal motor carrier safety violations for a period of 1 year, with a renewal extension of up to four years as noted in the contract signed March 21, 2022 and authorize the Mayor to sign and execute all related documents; seconded by Mayor Pro Tem/Councilmember Tim Gould. The motion to approve carried with the following vote: Councilmember Pickens, Councilmember Hines, Councilmember Aye: 6 — Lindley, Councilmember Welch, Mayor Pro Tern / Councilmember Gould, Councilmember Wheaton Nay: 0 — None Absent: 1 — Councilmember Wilkinson 10. Consent Agenda Councilmember Travis Lindley made a motion to approve the Consent Agenda; Page 10 of 12 February 06, 2023 7:00 PM City of Smyrna Mayor and Council Meeting 200 Village Green Circle Community Center r—i seconded by Councilmember Latonia P. Hines. The motion to approve carried with the following vote: Councilmember Pickens, Councilmember Hines, Councilmember Aye: 6 — Lindley, Councilmember Welch, Mayor Pro Tern / Councilmember Gould, Councilmember Wheaton Nay: 0 — None Absent: 1 — Councilmember Wilkinson A. MIN2023-004 Approval of the December 9, 2023 Special Called Meeting Minutes. This item was approve on the Consent Agenda. B. MIN2023-005 Approval of the January 12, 2023 Committee of the Whole Meeting Minutes. This it was approved on the Consent Agenda. C. MIN2023-006 Approval of the January 19, 2023 Pre -Council Meeting Minutes. This item was approved on the Consent Agenda. D. MIN2023-007 Approval of the January 19, 2023 Mayor and Council Meeting Minutes. This item was approved on the Consent Agenda. E. 2023-020 Authorize dates for 2023 list of official City organized community events with approval of street closings for identified events requiring street closures. This item was approved on the Consent Agenda. 11. Ward and Staff Reports Councilmember Latonia P. Hines: February 28, 2023 will be her first town hall of the year. Councilmember Charles Welch: February 8, 2023, Fire Station 2 traffic calming meeting concerning Concord Rd. March 9, 2023, there will be a public meeting to discuss Smyrna Hills. Mayor Pro Tern Tim Gould: The motion made at a previous meeting concerning the complaint against staff - there was no deadline set for the formal apology from Councilmember Susan Wilkinson to the three appointed staff members. It was Page 11 of 12 February 06, 2023 City of Smyrna 200 Village Green Circle 7:00 PM Mayor and Council Meeting Community Center suggested that the deadline for the formal apology be the February 16, 2023, Committee of the Whole meeting. Council was amenable to that suggestion. CITIZEN PARTICIPATION Public comment during this portion of the agenda must be limited to matters within the jurisdiction of the City Council. No subject may be acted upon by the City Council unless that subject is on the agenda and is scheduled for action. If you wish to be heard, please sign up with the City Clerk, come to the podium when called by the Mayor, state your name and address for the record and make your remarks. The time allotted for each speaker is as follows: Public Comment - Three (3) Minutes 12. Public Comment 13. Adjournment Mayor Derek Norton adjourned the February 6, 2023 Mayor and Council meeting at 10:10 PM. Facilities are provided throughout City Hall for convenience of persons with disabilities. THIS MEETING WAS PROPERLY NOTICED AND POSTED AT THE FOLLOWING LOCATIONS IN ACCORDANCE WITH THE NOTICING STANDARDS AS OUTLINED IN O.C.G.A. 50-14-3: The City of Smyrna website — www.smyrnaga.gov City Hall, 2800 King Street SE, Notice Boards Page 12 of 12 MAYOR AND COUNCIL MEETING 9 DEREK NORTON MAYOR LATONIA P. HINES, WARD 2 b'-L" Q LJ-Q ejl-� CHARLES A.WELCH, WARD 4 TIM GOULD, WARD 6 MAYOR PRO TEM •PEACON-CORN S l p � GLENN PICKENS, WARD I ;-If I TRAVIS LINDLEY, WARD 3 SUSAN WILKINSON, WARD 5 LEWIS WHEATON, WARD 7 CITY SEAL