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2023-11-20 November 20, 2023 Mayor and Council Meeting Minutes - SIGNED - LFCity Council Meeting Minutes - Final MAYOR AND COUNCIL Smyrna Community Center Magnolia Room 200 Village Green Circle Smyrna, GA 30080 November 20, 2023 7:00 PM CEREMONIAL MATTERS Roll Call 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) Kathy Young (Ward 7) 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, Mayor Pro Tern Councilmember Tim Gould, Councilmember Kathy Young Also Present: 1 —Scott Cochran Staff: 7 —Joe Bennett, Richard Garland, Jill Head, Dat Luu, Russell Martin, Heather Peacon-Corn, and Joey Staubes 2. Call to Order 3. Invocation and Pledge of Allegiance A. Rev. Joel E. Smit, Smyrna Presbyterian Church (3130 Atlanta Road) 4. Agenda Changes 5. Mayoral Report Mayor Derek Norton mentioned the following: • The Veterans Day ceremony was great despite the rain • November 28 is the Home for the Holidays from 5:00 — 9:00 • December 2 is the next College Football Saturday — SEC Championship • Park next to the Community Center should be completed by the middle of next month • Welcomed incoming Councilmember Rickey Oglesby who was present II. 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 Page 1 of 12 November 20, 2023 City of Smyrna 1250 Powder Springs Street 7:00 PM Mayor and Council Meeting Magnolia Room A. Z23-007 Public Hearing - Zoning Request - Z23-007 - Allow rezoning from LI to OD - Conditional for use as a climate controlled self -storage facility - Land Lot 668 - 1.88 acres - 3265 Atlanta Road - Atlantic Development Partners LLC. Ward 1 Councilmember - Glenn Pickens Joe Bennett, City Administrator, provided the following brief background: Atlantic Development Partners LLC is requesting a rezoning from LI (Light Industrial) to OD (Office -Distribution) for the ability to construct a climate controlled self -storage facility. The subject property is zoned LI and has been used for an industrial purpose as a business to move machinery. The existing building will be demolished for the construction of a new climate controlled self -storage building. The proposed building will be 113,596 sq. ft. The building will be three stories with a basement with a maximum height of 40 feet. Russell Martin, Community Development Director, provided the following information: Atlantic Development Partners LLC is requesting a rezoning from LI (Light Industrial) to OD (Office -Distribution) for the ability to construct a climate controlled self -storage facility. Planning and Zoning Commission approved this by a vote of 5-0. The subject property is zoned LI and has been used for an industrial purpose as a business to move machinery. The existing building will be demolished for the construction of a new climate controlled self -storage building. The proposed building will be 113,596 sq. ft. The building will be three stories with a basement with a maximum height of 40 feet. The elevation visible from Atlanta Road will be three stories and the building will follow the contour of the property to have a basement level at the rear of the property adjacent to CSX rail right-of-way. The project consists of a 20 ft. landscape buffer along the sides of the property adjacent to residential. The proposed building will utilize stone, EIFS, and metal paneling for the front fagade. The applicant has provided architectural renders with the zoning application for reference. The applicant is providing 11 parking spaces which meets the minimum parking requirement. The City Engineer has reviewed the proposed rezoning with respect to transportation, stormwater management and stream buffer issues. The City Engineer will require a portion of the access drive be improved to meet city standards. Also, the access drive will require striping and utility easement from the Atlanta Road entrance to the property, and curb and gutter within the subject property. There are no stream buffers affecting the property. The development will utilize a detention pond for stormwater management. The Fire Marshal's office has reviewed the current proposal and in general believes that it meets the Fire Code requirements for fire truck access. A fire hydrant will be required on the subject property. The building will require an automatic fire suppression system. Community Development has reviewed the zoning proposal against the city's 2040 Comprehensive Plan and Future Land Use Plan. The zoning proposal to Office - Distribution is consistent with the Industrial Mixed Use land use designation on the Future Land Use Map. Page 3 of 12 November 20, 2023 City of Smyrna 1250 Powder Springs Street 7:00 PM Mayor and Council Meeting Magnolia Room 12. The developer shall be responsible for any water and sewer improvements deemed necessary by the Public Works Director during construction plan review. 13. The developer shall be responsible for any stormwater improvements deemed necessary by the City Engineer. 14. The developer shall improve the access drive to meet city standards set forth in Appendix D. 15. The access drive will require an ingress and egress easement as well as a utility easement. 16. The access drive shall be stripped from the subject property and aligned with the emissions station driveway apron. 17. A 20' landscape buffer shall be planted between the development and adjacent residential properties. 18. The development will require a fire hydrant within the subject property. 19. Dumpsters shall be positioned so as to prevent visual intrusion from streets, connection points to community spaces and wherever possible with screening by landscaping, walls and/or vegetation. Dumpsters shall have rubber lids and bumpers to minimize noise during emptying. At grade trash compaction shall also be allowed and screened as appropriate in accordance with the City's regulations. 20. The dumpster will require a hose bibb for washdown within 50 of the pad and the pad shall have a drain that connects to sanitary sewer. 21. Allow building height of up to 55 feet. 22. Approval of the subject property for the OD -Conditional zoning district shall be conditioned upon the development of the property in substantial compliance with the site plan submitted August 4, 2023 and created by Paradigm Engineering Services, Inc. and all zoning stipulations above. 23. The applicant shall be bound to the elevations submitted on July 13, 2023. Approval of any change to the elevations must be obtained from the Director of Community Development. Councilmember Pickens asked what the current size and height of the building is. Mr. Martin answered that it is a 20,000 sq. ft. metal building around 20-25 feet high. The new structure on the front side would be around 40 feet. Measurements are from the aggregate on all four sides to the midpoint of the sloped roof. Councilmember Wilkinson asked what the current ordinance says about the height of buildings. Mr. Martin answered it states 55 feet. Kevin Moore, attorney for applicant, Atlantic Development (Shamrock Building Systems) came forward. Mr. Moore stated that LI does not belong in this area. It is a legacy zoning which was how the area used to be but is now no longer appropriate. The applicants are committed to building a $15-16M project. It will be a climate - controlled self -storage facility which can carry with it a negative stigma. But these businesses are used by the community. It is a low impact use from public service, traffic, noise, etc. standpoints. It is consistent and compatible with land use and zoning standpoints. Councilmember Young asked if the variance request was not considered. Mr. Moore stated that there was consideration, but because of the constraints of the topography, the variance request seemed appropriate. Mayor Pro Tern Gould asked about fencing and security. The applicant stated that there will be fencing and key code access. They will have office hours between 9:30 AM — 5:30 PM. Page 5 of 12 November 20, 2023 City of Smyrna 1250 Powder Springs Street 7:00 PM Mayor and Council Meeting Magnolia Room Recuse: 0 — None 8. Privilege License and Show Cause Hearing 9. Formal Business A. RES2024-01 Approval of RES2024-01 for the 2024 Meeting Dates to include Committee of the Whole, Pre -Council and Mayor and Council. Citywide Councilmember Travis Lindley made a motion to approve item RES2024-01 for the 2024 meeting dates to include Committee of the Whole, Pre -Council, and Mayor and Council; seconded by Councilmember Latonia P. Hines. The motion to approve carried with the following vote: Aye: 7 — Councilmember Pickens, Councilmember Hines, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Mayor Pro Tern / Councilmember Gould, Councilmember Young Nay: 0 — None Recuse: 0 — None B. ATH2023-51 Approval of an Amended and Restated Galleria Convention Funding Agreement between the City of Smyrna and the Cobb -Marietta Coliseum & Exhibit Hall Authority and authorize the Mayor to execute all related documents. Citywide Joe Bennett, City Administrator, provided the following background: The Cobb -Marietta Coliseum and Exhibit Hall Authority (CMCEHA) has requested the City to amend and restate the existing Funding Agreement between CMCEHA and the City of Smyrna. The renewal would extend the agreement term until no later than October 1, 2053. The requested extension is to enable the Authority to have a funding source for revenue bonds that will be issued for planned infrastructure improvements, capital projects and upgrades to existing facilities. The funding formulas in the new agreement remain the same. Sixty-two and a half percent (62.5%) of Hotel -Motel Tax revenue collected within city limits will be dispensed to CMCEHA to fund its operations. Forty (40%) of Hotel -Motel Tax collected is returned to the city. However, the agreement changes so that collection fees are paid to the city monthly rather than annually. Also, the city shares in annual excess tax payment distributions as well as excess fund cap distributions. CMCEHA owns and operates the Cobb Galleria Centre, Cobb Energy Performing Arts Centre, and Galleria Specialty Shops. Staff recommends approval. Councilmember Travis Lindley made a motion to approve item ATH2023-51, an amended and restated Galleria Convention Funding Agreement between the City of Smyrna and the Cobb -Marietta Coliseum & Exhibit Hall Authority and authorize the Mayor to sign and execute all related documents; seconded by Councilmember Latonia P. Hines. Page 7 of 12 November 20, 2023 City of Smyrna 1250 Powder Springs Street 7:00 PM Mayor and Council Meeting Magnolia Room The motion to approve carried with the following vote: Aye: 7 — Councilmember Pickens, Councilmember Hines, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Mayor Pro Tern / Councilmember Gould, Councilmember Young Nay: 0 — None Recuse: 0 — None E. ATH2O23-53 Authorization for the River Valley drainage project to be completed by Ardito Construction Company, Inc. (1290 Austell Road, SE, Marietta, Ga 30008) in the amount of $400,009.59 from 23/24 Storm Water CIP and authorize the Mayor to sign and execute all related documents. Ward 4 Councilmember - Charles Joe Bennett, City Administrator, provided the following background: River Valley drainage project for 2 affected homeowners of 5015 & 5025 River Valley Drive. These homeowners have been dealing with significant runoff issues through their back yards. This project is to be funded out of 23/24 storm water CIP at the cost of $400,009.59. Public Works staff recommend approval. Councilmember Charles Welch made a motion to approve item ATH2O23-53, the River Valley drainage project to be completed by Ardito Construction Company, Inc. (1290 Austell Road SE, Marietta, GA 30008) in the amount of $400,009.59 from 23/24 Storm Water CIP and authorize the Mayor to sign and execute all related documents; seconded by Councilmember Travis Lindley. The motion to approve carried with the following vote: Aye: 7 — Councilmember Pickens, Councilmember Hines, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Mayor Pro Tern / Councilmember Gould, Councilmember Young Nay: 0 — None Recuse: 0 — None F. RFP24-015 Authorization to award RFP 24-015 Turf Field Conversion at River Line Park and Jonquil Park to Deluxe Athletics in the (80 Scott Dr SE, Marietta, GA 30067) amount of $3,070,950.00 to be paid from the General Fund and authorize the Mayor to sign and execute all related documents. Ward 7 Councilmember- Kathy Young Joe Bennett, City Administrator, provided the following background: The City of Smyrna requested proposals to convert one of the existing fields at River Line Park and Jonquil Park to artificial turf. Five proposals were received and evaluated by Parks & Recreation staff and CROY Engineering based on Company Background/Financial Stability, Qualifications/Experience/Methodology, Previous Performance/References and Cost. Deluxe Athletics was determined to be the superior choice. Parks & Recreation and Purchasing recommend approval. Page 9 of 12 November 20, 2023 City of Smyrna 1250 Powder Springs Street 7:00 PM Mayor and Council Meeting Magnolia Room Councilmember Welch asked if this had been bid out. Richard Garland, Parks & Recreations Director, stated it had not been bid out because the vendor is the current and authorized vendor with the service agreement. City Attorney Scott Cochran recommended this item be tabled for review. Councilmember Travis Lindley made a motion to table to the December 4, 2023 Mayor and Council meeting item 2023-223, authorization for the replacement of The Wolfe Recreation Center PoolPak by Stephens & McRae Mechanical, LLC (125 Fishers Mill Dr., McDonough, GA 30252) in the amount of $637,125.00 to be paid from the General Fund and authorize the Mayor to sign and execute all related documents; seconded by Councilmember Latonia P. Hines. The motion to table carried with the following vote: Aye: 7 — Councilmember Pickens, Councilmember Hines, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Mayor Pro Tern / Councilmember Gould, Councilmember Young Nay: 0 — None Recuse: 0 — None 10. Consent Agenda Councilmember Travis Lindley made a motion to approve the Consent Agenda as presented; seconded by Councilmember Glenn Pickens. The motion to approve carried with the following vote: Aye: 7 — Councilmember Pickens, Councilmember Hines, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Mayor Pro Tem / Councilmember Gould, Councilmember Young Nay: 0 — None Recuse: 0 — None A. MIN2023-116 Approval of the November 1, 2023 Committee of the Whole Meeting Minutes Citywide This item was approved on the Consent Agenda. B. MIN2023-117 Approval of the November 6, 2023 Pre -Council Meeting Minutes Citywide This item was approved on the Consent Agenda. C. MIN2023-118 Approval of the November 6, 2023 Mayor and Council Meeting Minutes Citywide This item was approved on the Consent Agenda. Page 11 of 12 MAYOR AND COUNCIL MEETING i Fr EREK NORTON MAYOR LATONIAP. HINES, WARD 2 �Y.� . - Elm RI TIM GOULD, W RD 6 MAYOR PRO TEM H ATHER K. PEACON-CORN CITY CLERK GLENN PICKENS, WARD 1 - If-, 2vlX TRAVIS LINDLEY, WARD 3 SUSAN WILKINSO ,WARD 5 KATHY YOUN , WM,D 7 CITY SEAL