2024-01-06 January 16, 2024 Mayor and Council Meeting Minutes - SIGNED - LFCity Council Meeting Minutes - Final
MAYOR AND COUNCIL
A Max Bacon City Hall
Council Chambers
2800 King Street
Smyrna, GA 30080
January 16, 2024
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)
Rickey N. Oglesby, Jr. (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 (virtual),
Councilmember Charles Welch, Councilmember Susan Wilkinson,
Mayor Pro Tern / Councilmember Tim Gould, Councilmember Rickey N.
Oglesby, Jr.
Also Present: 1 —Jeffrey Tucker
Staff: 6 —Joe Bennett, Richard Garland, Dat Luu, Russell Martin, Heather
Peacon-Corn, and Enoch Serna
Call to Order
Mayor Derek Norton called to order the January 16, 2024 Mayor and Council Meeting held
at A. Max Bacon City Hall in Council Chambers at 7:00 PM.
Invocation and Pledge of Allegiance
A. Associate Pastor, Justin Kier, Int'I Gospel Outreach Church (1101 Windy Hill Rd)
Agenda Changes
5. Mayoral Report
Mayor Derek Norton thanked all staff that worked to make sure Smyrna streets were safe and
to make sure water issues were addressed quickly during the winter storm that took place
overnight and during this same day.
Mayor Norton also mentioned that Council and staff had a retreat in early January. By all
accounts, this was a very successful retreat where the many ongoing projects were
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January 16, 2024 City of Smyrna 2800 King Street SE
7:00 PM Mayor and Council Meeting Council Chambers
discussed. He thanked staff and council members for their time during the retreat. It was a
great working group and much was accomplished.
If. 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
7. Community Development Items
A. Z23-010 Public Hearing - Zoning Case - Z23-010 - Allow rezoning from LC to R-10 for
an existing single-family home - Land Lot 485 - 0.25 acres - 1120 Concord Road -
Jeremy Robinson
Ward 3 Councilmember - Travis Lindley
Joe Bennett, City Administrator, provided the following background:
The subject property was rezoned from FC (Future Commercial) to LC (Limited
Commercial) in 2021 (Z21-004) to convert the single-family structure for use as a
professional office. The applicant was unable to satisfy the zoning conditions that
required improvements to the property for parking and access necessary for
commercial use. The applicant is requesting to revert the zoning from LC (Limited
Commercial) to R-10 (Residential) for use as a single-family home.
Russell Martin, Community Development Director, added that the owner/applicant was
unable to make the necessary improvements needed to convert it to commercial use,
so it will revert back to residential.
Jeremy Robinson, applicant, stated that the changes they thought they were going to
make did not come to fruition. He stated, however, he needed a larger place, and this
allows him to remain a resident of Smyrna.
A public hearing was called, and no one came forward in favor of or in opposition to
this item.
Councilmember Travis Lindley made a motion to approve item Z23-010, a public
hearing and zoning case (Z23-010) to allow rezoning from LC to R-10 for an existing
single-family home on land lot 485 on 0.25 acres located at 1120 Concord Road by
applicant Jeremy Robinson; seconded by Councilmember Charles Welch.
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 Oglesby
Nay: 0 — None
Recuse: 0 — None
B. Z23-028 Plat Approval - Allow subdivision of 3767 & 3777 King Springs Road
into three single-family lots within the R-15 zoning district - Land Lot 528 - 1.58
acres - 3767 & 3777 King Springs Road - Davin Harris
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January 16, 2024 City of Smyrna 2800 King Street SE
7:00 PM Mayor and Council Meeting Council Chambers
Ward 6 Mayor Pro Tem / Councilmember - Tim Gould
Joe Bennett, City Administrator, provided the following background:
The applicant is requesting approval to subdivide property at 3767 & 3777 King
Springs Road into three single-family residential lots. The applicant plans to subdivide
the property within the requirements of the R-15 zoning district, so no rezoning is
required. The subject property is 1.58 acres with a proposed density of 1.89 units/acre
which is within the Low Density Residential land use classification (under 3 units/acre).
The proposed subdivision will result in three new lots being 21,470 sq. ft., 26467 sq.
ft., and 21,706 sq. ft. in size. The two existing homes will remain and one new lot will
be accessed from Spring Wood Drive. Community Development has reviewed the
proposed subdivision against the requirements of the R-15 zoning district. Community
Development recommends approval of the request subdivision.
Russell Martin, Community Development Director, explained that the intent is to
renovate the two existing houses or rebuild if necessary, and a new house will be built
on the new lot. Water is available on Springwood, but they will need to do sewer line
improvement to get both the existing houses and the new house on sewer.
Mayor Pro Tem Tim Gould made a motion to approve item Z23-028, a plat approval to
allow subdivision of 3767 & 3777 King Springs Road into three single-family lots within
the R-15 zoning district on land lot 528 on 1.58 acres located at 3767 & 3777 King
Springs Road by applicant Davin Harris; 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 Oglesby
Nay: 0 — None
Recuse: 0 — None
Privilege License and Show Cause Hearing
Formal Business
A. ATH2024-008 Ratify and reinstate all existing written contracts that are in the
name of the city so that they remain enforceable during the current term of
mayor and council according to the terms stated within each contract.
Citywide
Jeffrey Tucker, Assistant City Attorney, explained that the City has contracts - by their
own terms - last one year, but they are really multi -year administrative contracts. This
is procedural to keep all current contracts moving forward and keep them
enforceable.
Mayor Pro Tem Tim Gould made a motion to approve item ATH2024-008 to ratify and
reinstate all existing written contracts that are in the name of the city so that they
remain enforceable during the current term of mayor and council according to the terms
stated within each contract; seconded by Councilmember Rickey N. Oglesby, Jr.
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January 16, 2024 City of Smyrna 2800 King Street SE
7:00 PM Mayor and Council Meeting Council Chambers
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 Oglesby
Nay: 0 — None
Recuse: 0 — None
B. ATH2024-001 Approval and adoption of the revised Americans with Disabilities
Act (ADA) Transition Plan and authorize the Mayor to execute related
documents.
Citywide
Joe Bennett, City Administrator, provided the following background:
Recipients of Federal financial assistance with 15 or more employees and public
entities with 50 or more employees under Section 504 and ADA at 49 CFR Subsection
27.11(c)(iii)(v) and 26 CFR Subsection 35.150 (d) respectively, are required to
develop an ADA Transition Plan when structural changes to existing facilities are
necessary to make a program, service, or activity accessible to people with
disabilities.
A copy of an updated and signed plan is required to be filed with the Georgia
Department of Transportation (GDOT), whether or not there have been any changes
in facilities since the last filing of the Plan. The City has added facilities since 2018
requiring the City's Plan to be updated. Staff recommends approval and adoption of
the updated 2023 ADA Transition Plan.
Councilmember Travis Lindley made a motion to approve item ATH2024-001, the
adoption of the revised Americans with Disabilities Act (ADA) Transition Pland and
authorize the Mayor to sign and execute all related documents; seconded by
Councilmember Charles Welch.
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 Oglesby
Nay: 0 — None
Recuse: 0 — None
C. ATH2024-009 Authorization to award RFP 23-016 Municipal Branding,
Placemaking & Marketing Strategic Services to Chandlerthinks for $81,331.00
to be paid from the General Fund and authorize the Mayor to sign and
execute all related documents.
Citywide
Joe Bennett, City Administrator, provided the following background:
The City requested proposals earlier this year to select a firm to assist in the
development of a citywide strategic branding, placemaking, and marketing plan. Staff
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January 16, 2024 City of Smyrna 2800 King Street SE
7:00 PM Mayor and Council Meeting Council Chambers
from Administration, Economic Development, Community Relations, Information
Technology, and Parks & Recreation reviewed twenty-nine (29) proposals and
selected five (5) for interview and further evaluation. Chandlerthinks was determined
to be the superior choice. Staff recommends approval.
Councilmember Wilkinson mentioned that she appreciated Chandlerthinks approach
to include citizen input when proceeding through this project.
Councilmember Latonia P. Hines made a motion to approve item ATH2024-009 to
award RFP 23-016 Municipal Branding, Placemaking & Marketing Strategic Services to
Chandlerthinks for $81,331.00 to be paid from the General Fund and authorize the
Mayor to sign and execute all related documents; seconded by Mayor Pro Tern Tim
Gould.
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 Oglesby
Nay: 0 — None
Recuse: 0 — None
D. ATH2024-002 Approval to award Consolidated Pipe and Supply located at
3400 Novis Pointe NW Acworth, Ga 30101 in the amount of $242,212.90 for
water pipe supplies to replace water main line and services on Creatwood Trail
to be funded from water CIP FY2024 and ARPA funds and authorize the Mayor
to sign and execute all related documents.
Ward 6 Mayor Pro Tem / Councilmember - Tim Gould
Joe Bennett, City Administrator, provided the following background:
As part of Water Sewer and Utilities overall water main line replacement program
Creatwood trail is one of the ARPA funded projects that was approved by the state to
be funded. This project consists of 9,000 LFT of main line to be replaced and 199
service connects. Consolidated Pipe will provide all materials for this project to take
place. Finance and staff recommend approval.
Mayor Pro Tern Gould stated that this is a big project. He will ask residents to be
patient because it will be time-consuming, but it is necessary.
Mayor Pro Tern Tim Gould made a motion to approve item ATH2024-002 to award
Consolidated Pipe and Supply located at 3400 Novis Pointe NW, Acworth, GA 30101 in
the amount of $242,212.90 for water pipe supplies to replace water main line and
services on Creatwood Trail to be funded from water CIP FY2024 and ARPA 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 Oglesby
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January 16, 2024 City of Smyrna 2800 King Street SE
7:00 PM Mayor and Council Meeting Council Chambers
Nay: 0 — None
Recuse: 0 — None
E. AGR2024-002 Authorization to allow Croy Engineering (200 Cobb Parkway
North, Building 400, Suite 413, Marietta, Ga) to manage the day to day
construction and inspection for the Windy Hill Boulevard Project through
December 2024 in the amount not to exceed $557,640.00, to be funded from
SPLOST 2016, which will cover the cost of a Senior Professional 2 and a
Construction Manager to be accrued on an hourly basis and authorize the
Mayor to sign and execute all related documents.
Ward 3 Councilmember— Travis Lindley
Ward 5 Councilmember— Susan Wilkinson
Joe Bennett, City Administrator, provided the following background:
The Windy Hill Boulevard Project has required additional time and resources, and City
staff is not able to provide the dedicated time and effort the project needs for proper
management and inspection. Therefore, the City would like to re-enter into a contract
with Croy Engineering to allow them to manage the day-to-day construction and
inspection for this project at a cost not to exceed $557,640.00 to be funded from
SPLOST 2016, and to cover the cost of a Senior Professional 2 and a Construction
Manager to be accrued on an hourly basis.
Mayor Norton stated that this item approves this through the end of the year, but they
are anticipating it will not require all of that time.
Councilmember Charles Welch made a motion to approve item AGR2024-002 to allow
Croy Engineering (200 Cobb Parkway North, Building 400, Suite 413, Marietta, GA) to
manage the day-to-day construction and inspection for the Windy Hill Boulevard Project
through December 2024 in the amount not to exceed $557,640.00, to be funded from
SPLOST 2016, which will cover the cost of a Senior Professional 2 and a Construction
Manager to be accrued on an hourly basis 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: 7 — Councilmember Pickens, Councilmember Hines, Councilmember
Lindley, Councilmember Welch, Councilmember Wilkinson, Mayor
Pro Tern / Councilmember Gould, Councilmember Oglesby
Nay: 0 — None
Recuse: 0 — None
F. ATH2024-010 Authorization for the approval for a playground replacement at
Chuck Camp Park, (2270 Benson Poole Road SE, Smyrna, GA 30082) 2-5-
year-old playground, to GameTime (150 Playcore Dr SE, Fort Payne, AL
35967) at a cost of $149,378.04, to be funded by the Community Development
Block Grant and authorize the Mayor to sign and execute all related
documents.
Ward 5 Councilmember— Susan Wilkinson
Joe Bennett, City Administrator, provided the following background:
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January 16, 2024 City of Smyrna 2800 King Street SE
7:00 PM Mayor and Council Meeting Council Chambers
The City of Smyrna requested proposals for a playground, designed for 2-5-year-olds
at Chuck Camp Park. Three companies presented proposals, two of them offered two
different options and each were evaluated by Parks & Recreation staff based on
aesthetics, quality, quantity and variety of play components, durability, warranty,
references and cost. After all evaluations GameTime (Option 1) was the clear choice
in the amount of $149,378.04 was the clear choice. Parks & Recreation and
Purchasing recommend approval.
Councilmember Susan Wilkinson made a motion to approve item ATH2024-010 for a
playground replacement at Chuck Camp Park (2270 Benson Poole Road SE, Smyrna,
GA 30082) 2-5 year -old playground to GameTime (150 Playcore Dr SE, Fort Payne, AL
35967) at a cost of $149,378.04 to be funded by the Community Development Block
Grant and authorize the Mayor to sign an execute all related documents; seconded by
Mayor Pro Tem Tim Gould.
The motion to approve carried with the following vote:
Aye:
Nay:
Recuse:
10. Consent Agenda
7 — Councilmember Pickens, Councilmember Hines, Councilmember
Lindley, Councilmember Welch, Councilmember Wilkinson, Mayor
Pro Tern / Councilmember Gould, Councilmember Oglesby
0 — None
0 — None
Mayor Pro Tern Tim Gould made a motion to approve the Consent Agenda as read; 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 Oglesby
Nay: 0 — None
Recuse: 0 — None
A. MIN2024-003 Approval of the December 13, 2023 Committee of the Whole
Meeting Minutes
Citywide
This item was approved on the Consent Agenda.
B. MIN2024-004 Approval of the December 18, 2023 Pre -Council Meeting
Minutes
Citywide
This item was approved on the Consent Agenda.
C. MIN2024-005 Approval of the December 18, 2023 Mayor and Council Meeting
Minutes
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January 16, 2024 City of Smyrna 2800 King Street SE
7:00 PM Mayor and Council Meeting Council Chambers
Citywide
This item was approved on the Consent Agenda.
D. MIN2024-006 Approval of the January 3, 2024 Special Called Meeting of the
Mayor and Council Minutes
Citywide
This item was approved on the Consent Agenda.
E. BCA2024-001 Approval of the re -appointment of Ward 2 resident, Mr.
Jonathan Gordon, to the Smyrna Parks and Recreation Commission. This is a
two-year term to expire December 31, 2025.
Ward 2 Councilmember - Latonia P. Hines
This item was approved on the Consent Agenda,
BCA2024-002 Approval of the re -appointment of Ward 2 resident, Mr.
Jonathan Howard, to the Smyrna Planning and Zoning Commission. This is a
two-year term to expire December 31, 2025
Ward 2 Councilmember - Latonia P. Hines
This item was approved on the Consent Agenda.
G. BCA2024-004 Approval of the re -appointment of Ward 5 resident, Jill Gordon -
Evans, to the Smyrna Planning and Zoning Commission. This is a two-year
term to expire December 31, 2025.
Ward 5 Councilmember— Susan Wilkinson
This item was approved on the Consent Agenda.
H. BCA2024-003 Approval of the appointment of Ward 7 resident, Mr. Larry
Powell, to the Keep Smyrna Beautiful board. This is a two-year term to expire
December 31, 2025.
Ward 7 Councilmember— Rickey Oglesby, Jr.
This item was approved on the Consent Agenda.
ATH2024-004 Authorize Atkins Park Tavern (Kevin Drawe) and Red Bird
Events (Bettie Cagle) to host Smyrna's 12th Annual Oysterfest on Fri., Feb. 2,
2024 from 6:00 pm until 11:00 pm, on Sat., Feb. 3, 2024 from 11:00 am until
11:00 pm and on Sun., Feb. 4, 2024 - extending Atkins Park service/event area
onto sidewalks and parking spaces immediately in front of the Atkins Park
establishment for the annual festival to include closing the upper circle of the
Smyrna Market Village to vehicle traffic during the operational hours of the
festival on each day of the festival for pedestrian safety.
Ward 3 Councilmember— Travis Lindley
This item was approved on the Consent Agenda.
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January 16, 2024 City of Smyrna 2800 King Street SE
7:00 PM Mayor and Council Meeting Council Chambers
11. Ward and Staff Reports
Councilmember Glenn Pickens thanked all who attended the joint town hall last weekend.
There were a lot of good questions and lots of discussion. The next one will be in April.
Councilmember Latonia P. Hines acknowledged that yesterday was Martin Luther King, Jr.
Day. She recognized the library and all the programs they have for youth to honor Dr. King.
She reminded all that the Black History Month Celebration dinner will be on February 23,
2024 at the Community Center in the large gym. Dr. Daniel Black from Clark -Atlanta will be
the honored guest.
Councilmember Travis Lindley echoed the Mayor's comments about the retreat. It was a
meaningful time together with fellow council members and staff. He is excited to see what can
be accomplished the next few years.
Councilmember Charles Welch also reiterated the successful retreat. It was a lot of hard
work, and much was accomplished.
Councilmember Susan Wilkinson mentioned the successful retreat. She also asked that
everyone stay safe in these very cold temperatures.
Mayor Pro Tern Tim Gould thanked Public Works crews who responded to a water main
break on Atlanta Road over the weekend. Mr. Gould also announced that February 10, 2024
is the upcoming gala for Smyrna Public Safety Foundation. There will be a lot of
' entertainment to support a great cause.
Councilmember Rickey N. Oglesby, Jr. stated that throughout Cobb County there were many
wonderful celebrations for MLK Day. He also mentioned that he will be attending an annual
Wetherbrooke Community HOA meeting this Saturday at 2:00 PM. He is looking forward to
meeting the residents there.
Joe Bennett, City Administrator, stated that the library often operates in the shadows without
a lot of fanfare, but he asked them to provide how many physical visitors they got in 2023.
They had 145,339 visitors. He thanked the library staff. Smyrna's library is one of only two
municipal libraries in the state of Georgia.
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: Public Comment - Three (3) Minutes
12. Public Comment
13. Adjournment
Mayor Derek Norton adjourned the January 16, 2024 Mayor and Council Meeting at 7:34 PM.
Facilities are provided throughout City Hall ffr 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 9 of 9
.Ianuary 16_ 20?-I 7j)(ff \I MAYOR AND COUNCIL
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MAYOR
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TIM GOULD, WARD 6
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CITY CLERK
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CITY SEAL
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