2023-03-20 March 20, 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 City Attorney Scott Cochran
Magnolia Room City Administrator Joseph Bennett
200 Village Green Cir City Clerk Heather K. Peacon-Corn
Smyrna, GA 30080
March 20, 2023
7:00 PM
CEREMONIAL MATTERS
1. Roll Call
Present: 8 — Mayor Derek Norton, Councilmember Glenn Pickens, Councilmember
Latonia P. Hines, Councilmember Travis Lindley, Councilmember Charles
Welch, Councilmember Susan Wilkinson, Mayor Pro Tem / Councilmember
Tim Gould, and Councilmember Lewis Wheaton
Also Present: 1 — Jeffrey Tucker
Staff: 7 — Joe Bennett, Dan Campbell, Jill Head, Russell Martin, Penny Moceri,
Heather Peacon-Corn, and Joey Staubes
2. Call to Order
Mayor Derek Norton called to order the March 20, 2023 Mayor and Council Meeting held at the
Smyrna Community Center in the Magnolia Room at 7:00 PM.
3. Invocation and Pledge of Allegiance
A. Pastor Brian Downing, Oakdale Church of God (1631 Cooper Lake Rd)
4. Agenda Changes
5. Mayoral Report
Mayor Norton reported the following:
• Mayor's Reading Club, a Georgia Municipal Association program: The first one took place
77 at the library where 15 families came, and they built a small town. The second one took
place at the Fire Station. About 40 families attended. The City of Smyrna website has
more information about it.
• At Fire Station 1, there was a well -attended community open house. Another one will be
held soon at a different fire station.
• This past weekend, the St. Patrick's Day celebration was successful as usual.
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• Little League had their first opening ceremony since 2019. Over 2,000 people attended.
• Progress is being made on the greenspace in front of the Community Center and Library.
Physical infrastructure progress will begin soon. It will be substantially done by end of
May.
6. Proclamations and Presentations
A. PRC2023-004 Proclamation in Recognition of Education and Sharing Day, April 2,
2023
Citywide
Mayor Pro Tern Tim Gould read aloud the following proclamation and presented it
to Rabbi Avremel Zaltzman:
A Proclamation by the Mayor of the City of Smyrna in Recognition of Education and
Sharing Day, April, 2, 2023
Whereas: the basis for the continuity of any society is education; and in the great city of
Smyrna the education of our youth is a priority; and
Whereas: in order to achieve its highest goals, education must not only impart knowledge
but also teach the students how to live, forming and strengthening their moral character to
make a better life for themselves as individuals and for society as a whole; imparting
moral and ethical values that have been the bedrock of society since the dawn of
civilization, including the values known as the Seven Noahide Laws; and
Whereas: a global spiritual leader and leading advocate for the advancement of
education, the Rebbe, Rabbi Menachem M. Schneerson, stressed that a moral and ethical
education empowers every individual to develop their full potent' 11 in making the world a
better place; and
Whereas: "Education & Sharing Day" is observed each year on the Rebbe' s birthday in
recognition of his outstanding and lasting contributions toward the improvement of
education, morality, and acts of charity around the world; a day to pause and reflect on
our responsibility to ensure our youth have the foundation necessary to lead lives rich in
purpose and fulfillment through service and good works; and
Whereas: April 2, 2023, will mark 121 years since the Rebbe' s birth, capping a year in
which thousands of new institutions and initiatives were launched throughout the world in
tribute to this celebration. This year has an added significance as a year of "Hakhel" a
biblical event of unity, education and spiritual growth emphasizing how every person is
crucial to perfecting the world; NOW
Therefore: I, Derek Norton, Mayor of the City of Smyrna, Georgia, do hereby proclaim
Sunday, April 2, 2023, to be EDUCATION AND SHARING DAY in the City of Smyrna and
call upon everyone to work together to create a better, brighter, and more promising future
for all.
Rabbi Avremel Zaltzman presented Mayor Norton with Passover Matzo.
B. PRC2023-005 Proclamation in Recognition of Women's History Month, March 2023
Citywide
Councilmember Susan Wilkinson read aloud the following proclamation:
A Proclamation by the Mayor of the City of Smyrna in Recognition of Women's History
Month
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Whereas: Women's History Month recognizes that women of every race, class and ethnic
r--- background have made significant and historic contributions to the growth and strength of
our Nation in countless recorded and unrecorded ways; and
Whereas: Women's History Month recognizes that women have played and continue to
play critical economic, cultural, and social roles in every sphere of the life of the Nation by
constituting a significant portion of the labor force working inside and outside of the home
and by providing most of the volunteer labor force; and
Whereas: Women's History Month recognizes women were particularly important in the
establishment of early charitable, philanthropic, and cultural institutions in our Nation; and
Whereas: Women's History Month recognizes women of every race, class, and ethnic
background served as early leaders in the forefront of every major progressive social
change movement; and
Whereas: Women's History Month recognizes American women who have served our
country courageously in the military; and
Whereas: Women's History Month recognizes women have been leaders, not only in
securing their own rights of suffrage and equal opportunity, but also in the abolitionist
movement, the emancipation movement, the industrial labor movement, the civil rights
movement, and other movements, especially the peace movement, which create a more
fair and just society for all; and
Whereas: In 1980, President Jimmy Carter issued a proclamation declaring the week of
March 8th as National Women's History Week. Six years after the proclamation, Congress
declared March of each year as Women's History Month; and
Whereas: the national theme for Women's History Month 2023 is "Celebrating Women
Who Tell Our Stories" as announced by the National Women's History Alliance, which
7-7 spearheaded the movement for March being declared National Women's History Month.
Women's stories, and the larger human story, expand our understanding and strengthen
our connections with each other; NOW
Therefore: I, Derek Norton, Mayor of the City of Smyrna, Georgia, do hereby recognize
the month of March as Women's History Month to honor women everywhere for their
outstanding achievements and invaluable contributions to society.
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
7. Community Development Items
A. Z23-001 Public Hearing - Zoning Request - Z23-001 - Allow rezoning from GC to RHR-
PD for a 60-unit age restricted development - Land Lot 381 - 1.53 acres - 790 Smyrna
Hill Drive - PDC Land Acquisition LLC
Ward 4 Councilmember — Charles Welch
Joe Bennett, City Administrator, presented a brief background:
PDC Land Acquisition, LLC is requesting rezoning from GC (General Commercial) to
RHR-PD (Residential Highrise — Planned Development) for the development of a 60-unit
age -restricted senior housing community. The proposed building will range in height from
four stories to five stories to account for the change in grade. The site plan provides 56
parking spaces for the development at a ratio of 0.9 parking space per unit, which is
above the minimum of 31 spaces. The site plan reflects an underground stormwater
detention facility at the southern end of the site. The site includes an open space with
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gazebo at the front of the property as well as a community garden at the rear of the
property. An amenity area is included in the interior of the building.
Joey Staubes, Planner II, provided the following background:
PDC Land Acquisition, LLC is requesting rezoning from GC (General Commercial) to
RHR-PD (Residential Highrise — Planned Development) for the development of a 60-unit
age -restricted senior housing community. The building has 44 one -bedroom and 16 two -
bedroom units. The proposed housing units will be age restricted and would be rental
units. The submitted site plan reflects a four-story building fronting on Smyrna Hill Drive.
Due to the topography of the site a portion of the building may be five feet in height. The
site will be accessed from Smyrna Hill Drive via a full access drive on the east side of the
building. The site plan provides 56 parking spaces for the development at a ratio of 0.93
parking space per unit, which is above the minimum of 30 spaces. The site plan reflects
an underground stormwater detention facility at the southern end of the site. The site
includes an open space with gazebo at the front of the property as well as a community
garden at the rear of the property. An amenity area is included in the interior of the
building.
PDC Land Acquisition, LLC has submitted building elevations with the rezoning
application. The submitted building elevations are of projects previously developed by the
developer, to reflect the type and quality of the development planned for this site. The
elevations propose to use a mixture of fagade materials for the buildings, including but not
limited to brick, fiber cement siding, cast stone, and board & batten.
Engineering Review
The City Engineer has reviewed the proposed site plan with respect to transportation,
stormwater management and stream buffer issues. The site will be served by a full access
drive on Smyrna Hill Drive. The applicant may be required to dedicate of right-of-way
along Smyrna Hill Drive to ensure a minimum of 25 feet from the centerline of the road.
The developer will install a 5-foot sidewalk and 2 foot grass strip.
The applicant has provided a preliminary hydrology report that shows the conceptual plan
should satisfy city requirements. The proposed site plan reflects an underground
stormwater detention facility located at southern end of the site. The City Engineer
believes the development has allocated enough area to meet the requirements of the
city's Stormwater Management Ordinance.
The site is not impacted by any stream buffers.
Fire Marshal Review
The Fire Marshal's office has reviewed the current site plan and in general believes that it
meets the Fire Code requirements for fire truck access and building separation
requirements. The applicant will have to provide a fire truck turn analysis during the
permitting process to verify maneuverability through the site. The Fire Marshal's office will
also require the buildings to have a fire sprinkler system.
Planning Review
Community Development has reviewed the zoning proposal against the city's 2040
Comprehensive Plan and Future Land Use Plan. The zoning proposal requires a Future
Lane Use Plan change from Community Activity Center to High Density Residential. The
zoning proposal meets several senior housing goals and policies outlined in the
Comprehensive Plan. These goals and policies include the following:
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• H1.1 — Consider ways to offer a reduced price point in new quality apartments, such as
through incentives for moderately priced units (Page 104).
• H1.3 - Encourage the construction of affordable senior housing in order to accommodate
the growing senior population (Page 104).
• H3.1 — Incorporate a park into every neighborhood or provide safe pedestrian and
bicycle access from every neighborhood to larger community parks (Page 106).
• H4.4 — Ensure that infill housing development is compatible with surrounding established
neighborhoods (Page 107).
Community Development has reviewed the proposed development against the zoning
standards in Section 801 & 1015 of the Zoning Ordinance with respect to the senior
residential high-rise developments. The proposed development meets nearly all the
zoning requirements for residential high-rise development except for setback
requirements. Community Development Staff is supportive of the requested variances
listed below.
The requested variances are:
1. Reduction of minimum front setback 50' to 10' (Section 801 of the Zoning Ordinance)
(Staff Support);
2. Reduction of the side setback from 40' to 10' (Section 801 of the Zoning Ordinance)
(Staff Support);
3. Reduction of the rear setback from 40' to 10' (Section 801 of the Zoning Ordinance)
(Staff Support);
4. Reduction of the required 75' buffer strip adjacent to a single-family residential district to
10' (Section 1015.3 of the Zoning Ordinance) (Staff Support).
The requested variances are necessary due to the geometry of the parcel and the
topography of the site. The proposed front setback was approved for the adjacent age
restricted development to the north. Additionally, the front and rear setback reductions are
primarily required to accommodate the gazebo in the front and community garden in the
rear. Furthermore, the residential buffer is required because the property is adjacent to
Lake Court Park which has a residential zoning. All these issues meet the review
standards for variances, such as, being unique circumstances that are not created by the
applicant and the strict application of the zoning requirements eliminates reasonable use
of the property.
Community Development recommends approval of the rezoning from GC to RHR-PD on
1.53 acres for the development of a 60-unit age restricted senior community at a density
of 39.21 units per acre, including those variances supported by staff as shown above, with
the following conditions:
Standard Conditions
Requirements # 2, 3, 4, 8, 10, 16 and 17 from Section 1201 of the Zoning Code are not
applicable. The following requirements remain applicable.
1. The composition of the homes in a residential subdivision shall include a mixture of
elements including but not limited to: brick, stone, shake, hardy plank and stucco. No
elevation shall be comprised of 100 percent hardy plank siding.
2. The retention pond shall be placed and screened appropriately to be unobtrusive to
homes inside and outside the development. The storm water detention plan shall be
designed to create at least a ten percent reduction in a 100-year storm event. The city
engineer shall approve all plans.
3. All utilities within the development shall be underground.
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4. The developer shall be responsible for any traffic improvements (including additional
right-of-way dedications) deemed necessary by either the City or the County during
construction plan review. Sidewalks shall be provided by the developer inside the
subdivision and outside the subdivision adjacent to any public right-of-way consistent with
City's requirements for the extent of the development. A grass buffer with a minimum
width of 2' shall be provided between the back of curb and sidewalk.
5. A strip of brick pavers or stamped concrete shall be installed on the street at the
subdivision entrance for a minimum distance of 20 feet.
6. No debris may be buried on any lot or common area.
7. The developer will install decorative streetlights within the development, subject to
approval by the city engineer. Utilization of low intensity, environmental type lighting, the
illumination of which shall be confined within the perimeter of the subject property through
the use of "full -cutoff lighting".
8. The developer will comply with the City's current tree ordinance. All required tree
protection measures shall be adhered to by the developer during construction.
9. All landscape plans must be prepared, stamped, and signed by a Georgia Registered
Landscape Architect for any common areas or entrances.
10. All yards and common areas are to be sodded, and landscaped. Irrigate as
appropriate.
Special Conditions
11. The development shall maintain the following setbacks:
Front — 10'
Side — 10'
Rear — 10'
12. The single-family residential district buffer shall be 10'.
13. The developer shall meet all fire access requirements deemed necessary by the Fire
Marshal during construction plan review.
14. The developer shall be responsible for any water and sewer improvements deemed
necessary by the Public Works Director during construction plan review.
15. The developer shall be responsible for any stormwater improvements deemed
necessary by the City Engineer.
16. The trash dumpsters shall utilize rubber tops and be appropriately screened with a
three -sided brick enclosure.
17. The development shall include a minimum of 56 parking spaces.
18. The sight distance triangle must be clear of any object over 3.5 ft, including trees, and
additional warning signage may be required during plan review.
19. Utilization of low intensity, environmental type lighting shall be allowed within the
development. The illumination of which shall be confined within the perimeter of the
subject property using "full cut-off lighting".
20. Approval of the subject property for the RHR-PD zoning district shall be conditioned
upon the development of the property in substantial compliance with the site plan
submitted 3/15/2023 and created by Doulgerakis Consulting Engineers, Inc. and all zoning
stipulations above.
21. The applicant shall be bound to the elevations submitted on 1/13/2023. Approval of
any change to the elevations must be obtained from the Director of Community
Development.
Councilmember Susan Wilkinson asked about the three -sided dumpster enclosure. Mr
Staubes stated there would be a gate on the fourth side.
Applicant, Josh Marks, Prestwood Development Company, complimented Community
Development staff, and said that they have been very responsive and helpful. Mr. Marks
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explained this is the fourth development in the City of Smyrna. This will be a 60-unit senior
n housing community. They have done around 50 of these in the metro -Atlanta area for the
last 15 years.
Mayor Norton asked if the development across the street is already at capacity. Mr. Marks
stated they have not actively started pre -leasing activities, but there has been much
interest.
Councilmember Welch asked what materials will be used. Mr. Marks stated it will be brick
on the bottom and hardiplank fiber cement upward. It will have a similar look as across the
street. These developments typically have 1-to-1 parking spaces, but inevitably some
residents do not require spaces.
Councilmember Lindley asked about the timeline. Mr. Marks stated they expect to close
on construction financing and begin construction in May 2024.
Mayor Pro Tem Gould asked what the makeup of the bedroom configurations are. Mr.
Marks stated that there will be 44 one -bedrooms and 16 two -bedrooms. A large majority
of these will be affordable to those earning between $35K — $52K.
A public hearing was called, and no one came forward in favor of or in opposition to this
item.
Councilmember Charles Welch made a motion to approve item Z23-001, a public hearing
and zoning request (Z23-001) to allow rezoning from GC to RHR-PD for a 60-unit age
restricted development on land lot 381 on 1.53 acres located at 790 Smyrna Hill Drive by
applicant PDC Land Acquisition LLC; seconded by Councilmember Latonia P. Hines.
17 The motion to approve carried with the following vote:
Councilmember Pickens, Councilmember Hines, Councilmember Lindley,
Aye: 7 — Councilmember Welch, Councilmember Wilkinson, Mayor Pro Tem /
Councilmember Gould, Councilmember Wheaton
Nay: 0 — None
Recuse: 0 — None
8. Privilege License and Show Cause Hearing
9. Formal Business
A. AGR2023-013 Approval of the agreement with KONE, Inc. (1800 Sandy Plains Pkwy,
Ste 200, Marietta, GA, 30066) for elevator door lock monitoring in the amount of
$78,740.00.
Citywide
Joe Bennett, City Administrator, presented the following background:
The Office of Commissioner of Insurance, Safety Fire commissioner and Industrial Loan
Commissioner Bureau has adopted ASME Elevator Safety Code A17.3 Section 3.10.12,
Safety Code for Existing Elevators and Escalators. This new Safety Code includes
Section 3.10 Operating Devices and Control Equipment, Requirement 3.10.12 System to
Monitor and Prevent Automatic Operation of the Elevator with Faulty Door Contact
Circuits. All conveyances licensed by the State of Georgia Rules and Regulations for
Elevators and Escalators must comply with the above Code by January 1, 2025.
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This code requires the use of elevator door lock monitoring devices. A door lock
monitoring device is a safety system for all passenger and freight elevators that utilize
power operation doors. The system is designed to prevent the elevator from leaving the
landing with the doors in the open position and monitors for door lock circuit integrity in the L�
event of a wiring short.
The Office of Commissioner of Insurance, Safety Fire commissioner and Industrial Loan
Commissioner Bureau is retroactively requiring these devices to be installed on all
elevators. The City's elevator equipment is lacking door lock monitoring devices.
The agreement with KONE, Inc. will include the installation and monitoring of the required
safety door locks so the City will remain in compliance with all safety standards.
Councilmember Travis Lindley made a motion to approve item AGR2023-013, the
agreement with KONE, Inc. (1800 Sandy Plains Pkwy, Ste 200, Marietta, GA 30066) for
elevator door lock monitoring in the amount of $78,740.00; seconded by
Councilmember Lewis Wheaton.
The motion to approve carried with the following vote:
Councilmember Pickens, Councilmember Hines, Councilmember Lindley,
Aye: 7 — Councilmember Welch, Councilmember Wilkinson, Mayor Pro Tern /
Councilmember Gould, Councilmember Wheaton
Nay: 0 — None
Recuse: 0 — None
B. AGR2023-014 Approval of the agreement with KONE, Inc. (1800 Sandy Plains Pkwy,
Ste 200, Marietta, GA, 30066) for new stair lift installation at the Community Center in
the amount of $60,000.00.
Citywide
Joe Bennett, City Administrator, provided the following background:
Description of Work: KONE, Inc. proposes to furnish and install the labor, materials, tools
and supervision to perform the following work on the Community Center Stair Lift. KONE
will provide a team of mechanics to install a Delta Inclined Platform Lift, including fold up
seat with belt. Capacity will be approximately 550 lbs.
Budget Price: The total price to perform the above -mentioned work amounts to $60,000.
The price includes applicable labor, material, and permit fees.
Councilmember Charles Welch made a motion to approve item AGR2023-014, the
agreement with KONE, Inc. (1800 Sandy Plains Pkwy, Ste 200, Marietta, GA 30066) for
new stair life installation at the Community Center in the amount of $60,000.00; seconded
by Mayor Pro Tern / Councilmember Tim Gould.
The motion to approve carried with the following vote:
Councilmember Pickens, Councilmember Hines, Councilmember Lindley,
Aye: 7 — Councilmember Welch, Councilmember Wilkinson, Mayor Pro Tern /
Councilmember Gould, Councilmember Wheaton
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Nay: 0 — None
Recuse: 0 — None
C. AGR2023-015 Authorization to award replacement of the downtown Market Village
fountain to Specialty Fountain & Waterscape Inc. (1025 Nine N Dr Suite B, Alpharetta,
GA 30004) in the amount of $249,000.00 based on the proposal response and
scheduled completion timeframe and authorize the Mayor to sign and execute all
related documents.
Ward 3 Councilmember — Travis Lindley
Joe Bennett, City Administrator, provided the following background:
During the winter freeze in December 2022, the fountain in the Market Village froze and
sustained irreparable damage. The submersible pumps are no longer manufactured and
the fiber resin material the fountain is made of are subject to freezing damage. The
fountain will be replaced with concrete and the pumps will not be submersible. It will be a
three-tier fountain like what was previously there.
Public Works and Finance recommend authorization to award replacement of the
downtown Market Village fountain to Specialty Fountain & Waterscape Inc.
Councilmember Travis Lindley made a motion to approve item AGR2023-015 to award
replacement of the downtown Market Village fountain to Specialty Fountain & Waterscape
r� Inc. (1025 Nine N Dr., Suite B, Alpharetta, GA 30004) in the amount of $249,000.00
based on the proposal response and scheduled completion timeframe and authorize 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 Lindley,
Aye: 7 — Councilmember Welch, Councilmember Wilkinson, Mayor Pro Tern /
Councilmember Gould, Councilmember Wheaton
Nay: 0 — None
Recuse: 0 — None
10. Consent Agenda
Councilmember Travis Lindley made a motion to approve the Consent Agenda; seconded
by Councilmember Lewis Wheaton.
The motion to approve carried with the following vote:
1. MIN2023-023 Approval of the March 2, 2023, Committee of the Whole Meeting
Minutes.
Citywide
This item was approved on the Consent Agenda.
2. MIN2023-024 Approval of the March 6, 2023, Pre -Council Meeting Minutes.
Citywide
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This item was approved on the Consent Agenda.
3. MIN2023-025 Approval of the March 6, 2023, Mayor and Council Meeting Minutes.
Citywide
This item was approved on the Consent Agenda.
4. 2023-060 Authorization to close King Springs Road from Concord Road to Starline
Drive from April 3, 2023, through April 7, 2023, for Stamped Speed Table Installation /
Elevated Cross Walks.
Ward 3 Councilmember— Travis Lindley
This item was read aloud with a change, and it shall read as:
2023-060 Authorization to close King Springs Road from Concord Road to Pinehurst Drive
from April 3, 2023, through April 7, 2023, for Stamped Speed Table Installation / Elevated
Cross Walks.
This item was approved on the Consent Agenda as read aloud.
11. Ward and Staff Reports
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 March 20, 2023, Mayor and Council Meeting at 7:32 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 10 of 10
1 MAYOR AND COUNCIL MEETING
DEkEl� NORTON
MAYOR
LXTONIA P. HIAS, WARD 2
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TIM G ULD, WARD 6
MAYOR PRO TEM
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CITY CLERK
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GLENN PICKENS, WARD 1
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TRAVIS LINDLEY, WARD 3
S SAN WILKINSON, WARD 5
LEWIS ° HEATON, WAR
CITY SEAL