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2023-12-04 December 4, 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 CEREMONIAL MATTERS 1. 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 December 04, 2023 7:00 PM Present: 7 — Mayor Pro Tern Tim Gould, Councilmember Glenn Pickens, Councilmember Latonia P. Hines, Councilmember Travis Lindley, Councilmember Charles Welch, Councilmember Susan Wilkinson, Councilmember Kathy Young Also Present: 1 —Jeffrey Tucker Absent: 1 — Mayor Derek Norton Staff: 7 —Jennifer Bennett, Joe Bennett, Dan Campbell, Lisa Collins, Brian Marcos, Russell Martin, Heather Peacon-Corn (virtual), and Joey Staubes 2, Call to Order 3. Invocation and Pledge of Allegiance A. Pastor Shell Osbon, Life Church Assembly of God (4100 King Springs Rd) 4, Agenda Changes 5, Mayoral Report 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 6. Proclamations and Presentations Page 1 of 12 December 04, 2023 City of Smyrna 1250 Powder Springs Street 7:00 PM Mayor and Council Meeting Magnolia Room Fire Chief Brian Marcos presented certificates to the eight businesses listed. 7, Community Development Items A. Z23-004 Public Hearing - Zoning Amendment - Z23-004 - Request to modify the currently approved density, site plan, and elevations - Land Lot 690 & 691 - 5.4 acres - 4788 & 4840 Hanson Drive and part of 4838 S Cobb Drive - Jason Lewis Ward 7 Councilmember— Kathy Young Russell Martin, Community Development Director, presented the following background: Mayor & Council Decision: A motion to approve the request failed by a vote of 3-4 at the June 5, 2023, meeting. There was no additional motion made to deny the request. Therefore, the application will be brought to Mayor & Council for a final vote at the December 4, 2023, meeting. Since the June 5, 2023, meeting the applicant has agreed to revise the unit mix of the 295 units, from 50% reserved for occupants aged 55+ to 60%, and 50% of units unrestricted to 40%. Additionally, four units will be set aside for first responders working in Smyrna. PROJECT DESCRIPTION The Mayor and Council approved the annexation and rezoning (Z08-010) of the subject property from R-20 (Cobb County) to MU -Conditional (Smyrna) on December 15, 2008 by a vote of 5-2. The approval of the rezoning allows for the construction of a mixed use development that would consist of a two-story 69 unit assisted living facility and a four-story mixed use building consisting of 120 independent senior living units and 70,000 sq. ft. of commercial retail and office space. The development was rezoned to a specific site plan and building elevations, which provided an assisted living facility on the southern portion of the site (phase 1) and a mixed -use building (retail and office on the ground floor and age restricted condominiums and senior apartments on the top floors) on the northern portion of the site (phase 11). Both building were proposed to have parking structures underneath each building to support each use. The independent senior living units were to be accessed off Hanson Drive and the assisted living facility was to be accessed off South Cobb Drive. The specific site plans and building elevations were approved as conditions of the zoning. Subsequently, in September 2013, the applicant requested a zoning amendment for assisted living facility in phase I. The zoning amendment for the assisted living facility dealt with modifications to the site plan and building elevations. These modifications included the elimination of the structured parking and the increase of the number of beds from 78 beds to 108 beds because the applicant wanted to add a terrace level to address geological and topographical issues on site. The Mayor and Council approved the zoning amendment by a vote of 7-0. Since the approval of the zoning amendment, the assisted living facility has been constructed and has received its Certificate of Occupancy. The applicant requested a zoning amendment to modify the site plan and building elevations in Zoning Amendment Z15-012 for the independent senior living on the norther portion of the site (phase 11). The previous zoning plan from Rezoning Case Z08-010 allowed a mixed use building with 120 independent senior living units over 70,000 sq. ft. of commercial retail space. The building included a four-story building over a two -level parking deck. The applicant acquired the adjoining residential property at 4788 Hanson Drive (-0.6 acres) and annexed and rezoned the property to Page 3 of 12 December 04, 2023 7:00 PM City of Smyrna Mayor and Council Meeting 1250 Powder Springs Street Magnolia Room A public hearing was called, and no one came forward in favor of or in opposition to this item. Councilmember Kathy Young made a motion to approve item Z23-004, a public hearing and zoning amendment (Z23-004) to modify the currently approved density, site plan, and elevations on land lot 690 & 691 on 5.4 acres located at 4788 & 4840 Hanson Drive and part of 4838 S. Cobb Drive by applicant Jason Lewis; seconded by Councilmember Travis Lindley. The motion to approve carried with the following vote: Aye: 6 — Councilmember Pickens, Councilmember Hines, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Councilmember Young Nay: 0 — None Recuse: 0 — None 8. Privilege License and Show Cause Hearing Q. Forma! Business A. AGR2023-042 Approval to award to K.M. Davis Contracting Co. Inc, 3259 Austell Road, Marietta, Ga 30008, in the amount of $486,525.00 to be funded from Water CIP for the replacement of the water main from 3791 South Cobb Drive to 4015 South Cobb drive. Ward 6 Mayor Pro Tem / Councilmember - Tim Gould Joe Bennett, City Administrator, provided the following background: At some point in the past, Cobb Marietta Water Authority installed a 20-inch concrete transmission water main. This water line was later turned over to the City of Smyrna Water department. This water main is responsible for supply and demand to wards 3,5,6. The water main replacement will allow City water crews to not only make the water line easier and faster to work on or repair in the future but will also allow the city to maintain proper water supply and demand. Councilmember Travis Lindley made a motion to approve item AGR2023-042 to award to K.M. Davis Contracting Co. Inc. (3259 Austell Road, Marietta, GA 30008) in the amount of $486,525.00 to be funded from water CIP for the replacement of the water main from 3791 South Cobb Drive; seconded by Councilmember Charles Welch. The motion to approve carried with the following vote: Aye: 6 — Councilmember Pickens, Councilmember Hines, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Councilmember Young Nay: 0 — None Recuse: 0 — None Page 5 of 12 December 04, 2023 City of Smyrna 1250 Powder Springs Street 7:00 PM Mayor and Council Meeting Magnolia Room Councilmember Charles Welch made a motion to approve item BCA2023-014, the appointment of Richard Garland, Parks and Recreation Director / Interim Asst. City Administrator, to serve as the Chair of the License and Variance Board, as well as the appointment of alternate Board Member Adnrea Worthy, Economic Development Director, to serve as a regular License and Variance Board member alongside Mr. Richard Garland and Mr. Bo Jones effective December 5, 2023; seconded by Councilmember Latonia P. Hines. The motion to approve carried with the following vote: Aye: 6 — Councilmember Pickens, Councilmember Hines, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Councilmember Young Nay: 0 — None Recuse: 0 — None D. RES2023-012 Approval of RES2023-012 for the adoption of the City of Smyrna Emergency Plan (EOP), approve the plan as attached and authorize the Mayor to sign and execute all related documents. Citywide Joe Bennett, City Administrator, provided the following background: The City of Smyrna is required to maintain and submit a revised Local Emergency Operations Plan to the Georgia Emergency Management Agency on a four-year cycle. Smyrna's proposed plan is based on a FEMA approved template and provides a comprehensive framework for City-wide emergency management in that it addresses the roles and responsibilities of government organizations and provides a link to local, State, Federal, and private organizations and resources that may be activated to address disasters and emergencies in the City of Smyrna. The plan ensures consistency with current policy guidance and describes the interrelationship with other levels of government and will continue to evolve, responding to lessons learned from actual disaster and emergency experiences, ongoing planning efforts, training and exercise activities, and Federal guidance. Councilmember Travis Lindley made a motion to approve item RES2023-012, the resolution (RES2023-012) for the adoption of the City of Smyrna Emergency Plan (EOP) and authorize the Mayor to sign and execute all related documents; seconded by Councilmember Kathy Young. The motion to approve carried with the following vote: Aye: 6 — Councilmember Pickens, Councilmember Hines, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Councilmember Young Nay: 0 — None Recuse: 0 — None E. AGR2023-044 Proposed intent to develop a Disaster Recovery Support Program for citizens who have property damage related to an emergency. Page 7 of 12 December 04, 2023 City of Smyrna 1250 Powder Springs Street 7:00 PM Mayor and Council Meeting Magnolia Room Recuse: 0 — None G. ATH2O23-66 Authorization to place the City's Worker's Compensation Insurance program with National Liability and Fire Insurance Company with a $508,996.00 premium and $2,500 deductible with Oakbridge Insurance/John Knop as the broker, implement Oakbridge Proactive Services and a 2-3 year plan to reduce claims and lower first dollar/low deductible premiums for next few renewals and authorize the Mayor to sign and execute all related documents. Citywide Joe Bennett, City Administrator, provided the following background: The City's Worker's Compensation insurance program renews on January 1, 2024. The City's coverage has been with Georgia Municipal Association (GMA) for the past 20+ years. Mr. John Knop from Oakbridge Insurance will present an alternative to renewing with GMA. This change would lower costs and provide enhanced, proactive risk management services. GMA plan carries a $100,000 deductible per occurrence. The 2023 premium was $305,000. Total annual average (2019-20223) cost is $516,996. Proposed National Liability & Fire Insurance Company plan offers a $2,500 deductible per occurrence for a total annual premium of $508,996. Staff would like to recommend the following: Approval to place the City's Worker's Compensation Insurance program with National Liability and Fire Insurance Company with Oakbridge Insurance/John Knop as the broker. •$508,996 annual premium with $2,500 deductible -implement Oakbridge's Proactive Services to improve safety and risk management culture -implement 2-3 year plan to reduce claims and lower first dollarllow deductible premiums for next few renewals -Review claims after 2-3 years of proper proper risk management to determine if taking greater risk is appropriate to lower cost even further Human Resources and Finance state recommend approval. Councilmember Travis Lindley made a motion to approve item ATH2O23-55 to place the City's Worker's Compensation Insurance Program with National Liability and Fire Insurance Company with a $508,996.00 premium and $2,500.00 deductible with Oakbridge Insurance/John Knop as the broker, implement Oakbridge Proactive Services and a 2-3 year plan to reduce claims and lower first dollar/low deductible premiums for next few renewals and authorize the Mayor to sign and execute all related documents; seconded by Councilmember Glenn Pickens. The motion to approve carried with the following vote: Aye: 6 — Councilmember Pickens, Councilmember Hines, Councilmember Lindley, Councilmember Welch, Councilmember Wilkinson, Councilmember Young Page 9 of 12 December 04, 2023 City of Smyrna 1260 Powder Springs Street 7:00 PM Mayor and Council Meeting Magnolia Room Nay: 0 — None Recuse: 0 — None A. MIN2023-119 Approval of the November 15, 2023 Committee of the Whole Meeting Minutes Citywide This item was approved on the Consent Agenda. B. MIN2023-120 Approval of the November 20, 2023 Pre -Council Meeting Minutes Citywide This item was approved on the Consent Agenda. C. MIN2023-121 Approval of the November 20, 2023 Mayor and Council Meeting Minutes Citywide This item was approved on the Consent Agenda. D. ATH2O23-56 Authorization to change the April 18, 2024 Committee of the Whole Meeting to Wednesday, April 17, 2024 to accommodate the Mayor's Education Awards scheduled for Thursday April 18, 2024. Citywide This item was approved on the Consent Agenda. 11. Ward and Staff Reports Councilmember Charles Welch — Smyrna Optimist Club is sponsoring the Santa House at Brawner Hall. Information can be found on the website. Councilmember Travis Lindley — Thanked staff for the Home for the Holidays tree lighting. He also encouraged everyone to check out Highland Rivers Behavioral Health and all they do in the community. Councilmember Latonia P. Hines — She also thanked staff for the tree lighting event. Mayor Pro Tern Tim Gould — The Home for the Holidays event was wonderful, and Richard Garland and staff did a great job organizing it. Joe Bennett — Announced that the administration hall is open and staff is moving back into their offices. III. 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 Page 11 of 12 MAYOR AND COUNCIL MEETING ABSENT DEREK NORTON MAYOR i LATONIA P. HINES, WAk6 2 014 a. ovlk� CHARLES A.WELCH, WARD 4 xqa 4� TIM GOULD, WARD 6 MAYOR PRO TEM HE 'HER K. PEACON-CORN CITY CLERK GLENN PICKENS, — w. lyr`� "D TRAMS LINDLEY, WARD 3 SUSAN WILKINSON, `WARO 5 KATHY YOURO, ,. ) CITY SEAL 5/-4 p 1872 4,Qull. �'t�n R G1