HomeMy WebLinkAbout2024-08-12 August 12, 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
August 12, 2024
7:00 PM
I. CEREMONIAL MATTERS
1. Roll Call
Derek Norton, Mayor
Tim Gould, Mayor Pro Tem (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-Com
Present: 8 —Mayor Derek Norton, Councilmember Glenn Pickens,
Councilmember Latonia P. Hines (virtual), Councilmember Travis
Lindley, Councilmember Charles Welch, Councilmember Susan
Wilkinson, Mayor Pro Tem / Councilmember Tim Gould,
Councilmember Rickey N. Oglesby Jr.
Also Present: 2 —Scott Cochran and Judge Tom Cauthorn
Staff: 7 —Olivia Anderson, Joe Bennett, Jill Head, Dat Luu, Russell Martin,
Heather Peacon-Corn, Joey Staubes
2. Call to Order
Mayor Derek Norton with Honorary Mayor of the Day, Jiselle Willis, called to order the
August 12, 2024 Mayor and Council Meeting held at A. Max Bacon City Hall in Council
Chambers at 7:00 PM.
3. Invocation and Pledge of Allegiance
A. Dr. Jeff Pennington, Smyrna First Baptist Church (1275 Church Street)
Dr. Pennington was not present. Councilmember Charles Welch provided the
invocation and led all in the Pledge of Allegiance.
4. Agenda Changes
5. Mayoral Report
Page 1 of 10
August 12, 2024 City of Smyrna 2800 King Street SE
7:00 PM Mayor and Council Meeting Council Chambers
public input and, alongside the City's community development and economic
development staff, to advise on next steps for the long-term use and development of
the property being purchased.
Councilmember Travis Lindley made a motion to approve item RES2024-010;
seconded by Councilmember Rickey N. Oglesby, Jr.
The motion to approve carried with the following vote:
Aye: 7 — Councilmember Pickens, Councilmember Hines (virtual),
Councilmember Lindley, Councilmember Welch, Councilmember
Wilkinson, Mayor Pro Tern / Councilmember Gould, Councilmember
Oglesby
Nay: 0 — None
Recuse: 0 — None
B. 2024-215 Authorization for the approval to purchase the previously
leased Toro Reelmaster Mower 3100-D, 2018 Model, from Jerry Pate Turf & Irrigation
(5350 Tulane Dr SW, Atlanta, GA 30336) for use in the parks system, at a total cost of
$19,500.00 to be paid monthly over the term of 36 months from the Parks
Maintenance line item, to discontinue the current month to month lease and authorize
the Mayor to sign and execute all related documents. Parks & Recreation
recommends that Mayor and Council approve the purchase of a Toro Pre -Owned
Reelmaster 3100-D, 2018 Model, mower for use in the parks system, at a cost of
$19,500.00.
Citywide
Joe Bennett, City Administrator, provided the following background:
Parks & Recreations, Parks Maintenance division has been under a lease contract for
Toro mowers previously. After the lease ended on this mower, the city has paid month
to month; however, this is no longer an option, and the owner of the mower (Jerry
Pate Turf & Irrigation) is requesting the mower be returned or purchased. This
equipment is crucial to proper maintenance of fields and parks areas, as it is one of
only three mowers in the system. In the event one mower is out of commission for
repairs, with the purchase of this mower, there would still be two in use for field/park
maintenance which is imperative to maintain standards. The amount of purchase to
own the mower is $19,500.00. The cost of a brand new unit that would take
approximately one year to receive due to production issues, is approximately
$55,000.00 to $62,000.00.
Councilmember Glenn Pickens made a motion to approve item 2024-215; seconded by
Councilmember Charles Welch.
The motion to approve carried with the following vote:
Aye: 7 — Councilmember Pickens, Councilmember Hines (virtual),
Councilmember Lindley, Councilmember Welch,
Councilmember Wilkinson, Mayor Pro Tem / Councilmember
Gould, Councilmember Oglesby Jr.
Nay: 0 — None
Recuse: 0 — None
Page 3 of 10
August 12, 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 (virtual),
Councilmember Lindley, Councilmember Welch, Councilmember
Wilkinson, Mayor Pro Tern / Councilmember Gould, Councilmember
Oglesby Jr.
Nay: 0 — None
Recuse: 0 — None
E. ATH2O24-099 Approval of amended Cobb Framework Agreement ("CFA") between
Cobb County Georgia and The City of Smyrna, Georgia for 2022 Cobb SPLOST
Renewal Joint City Projects and authorize the Mayor to sign and execute all related
documents.
Citywide
Joe Bennett, City Administrator, provided the following background:
At the May 20, 2024 regular meeting of the Mayor and Council, this body approved the
Cobb Framework Agreement to jointly complete three identified projects. In
implementing this agreement, the Cobb DOT Director and the Smyrna Public Works
Director identified differences in the allocated budgets. The Windy Hill project coast
remains at $1,000,000, but the Sports Field Lighting is reduced to $750,000.
Regarding the EW Connector projects, as Cobb DOT would perform the work, it will
simplify the tracking and accounting if the City does not receive the funds but they are
allocated on the City's behalf. Additionally, the terms of the disbursement of the
balance of funds is the letting of bid documents for construction, which does not apply
to either the EW Connector projects or to the Windy Hill Road project. The new
schedule will disburse the entire $1,750,000 in a single payment, and there would be
no monthly disbursements.
This amended CFA corrects the budget amounts and disbursement schedule while
leaving all other terms unchanged.
Councilmember Travis Lindley made a motion to approve item ATH2O24-099;
seconded by Councilmember Rickey N. Oglesby, Jr.
The motion to approve carried with the following vote:
Aye: 7 — Councilmember Pickens, Councilmember Hines (virtual),
Councilmember Lindley, Councilmember Welch, Councilmember
Wilkinson, Mayor Pro Tern / Councilmember Gould, Councilmember
Oglesby Jr.
Nay: 0— None
Recuse: 0— None
10. Consent Agenda
Mayor Pro Tern / Councilmember Tim Gould made a motion to approve the Consent
Agenda as presented; seconded by Councilmember Travis Lindley.
The motion to approve carried with the following vote:
Page 5 of 10
August 12, 2024 City of Smyrna 2800 King Street SE
7:00 PM Mayor and Council Meeting Council Chambers
12. Ward and Staff Reports
Councilmember Lationa P Hines — reminded all of the CMA meeting tomorrow evening.
Councilmember Rickey N. Oglesby, Jr. — Friday night lights, varsity Campbell HS v Chapel Hill.
Come out and support the local team
Mayor Derek Norton — August 15 — Spartan Shield at 6PM at Campbell High School, supports
their football team
City Administrator, Joe Bennett — Campbell High School varsity softball team takes the field at
7:00 PM at Hillgrove High School.
13. Appeal Hearing - Atlantic Billboard / Webb, Klase & Lemond, LLC.
A. SIGN24-70 4480 North Cooper Lake Road—117040400040
B. SIGN24-71 1669 Spring Road — 17063100410
C. SIGN24-74 0 Atlanta Road—17044400280
D. SIGN24-75 2620 Cobb Parkway—17084800050
E. SIGN24-76 2264 Atlanta Road — 17049100210
F. SIGN24-77 5240 South Cobb Drive—17075400200
G. SIGN24-78 0 Atlanta Road—17055900310
H. SIGN24-79 2410 South Cobb Drive—17034600250
Franklin Lemond (attorney) with Mike Fitzgerald (appellant) — provided the following
argument:
Filed two separate appeals. This is for the first eight.
• Background: March 28, 2024 Atlantic submitted 10 applications for signs in
various locations around the city. These applications were submitted via the
online portal system to receive permits. Two were submitted that were outside
the city limits.
• City sign code: chapter 82, highlights 1 revision, sec. 82-5 (f) — shall process
app within 45 business days, notice of decision by hand delivery or mail to
address on application. 45 days would have been June 3, 2024. Stated city did
not provide notice. Under GA law, shall means the government must do what
the ordinance requires. Smyrna did not follow the requirements.
• Appeal letter: provided the city with four decisions from various courts around
the metro Atlanta area. Listed 4 cases — courts held that permits had to be
issued based on city's failure to comply with time limits provided in the
ordinance.
• Sign codes: required to have deadlines. Respectfully submit that the city's
refusal to approve these applications be reversed. Beyond the deadlines, as to
the locations, submits that the denial to issue permits on railroad property
because railroads are not zoned. Their position because there is no zoning of
Page 7 of 10
August 12, 2024 City of Smyrna 2800 King Street SE
7:00 PM Mayor and Council Meeting Council Chambers
Merits: The denial letters specify why the applications were denied. One reason
is because the city ordinance prohibits pole signs. Another reason is that none
are ground -based monument signs which the city's ordinance requires. They
were also in zoning categories that limits the size of the sign to 32 sq. ft. and a
height of 8 feet. Six of the eight were on properties where there were already
ground -based monument signs. The city's ordinance limits the number of
ground -based monument signs to one.
Railroad properties: The railroad right-of-way is sometimes not subject to
zoning. Railroads can own properties that are not in the railroad right-of-way.
Position: Appeal should be denied as untimely and unmerited.
Councilmember Travis Lindley made a motion to deny the appeals citing the appeals
as untimely. He further moved to affirm the decision of the Community Development
Department of the denial of these permits each for the reasons set forth in the denial
letters dated May 6, 2024 regarding each application; seconded by
Councilmember Charles Welch.
The motion to deny the appeals and affirm the decision of the Community Development
Department carried with the following vote:
Aye: 7 — Councilmember Pickens, Councilmember Hines (virtual),
Councilmember Lindley, Councilmember Welch, Councilmember
Wilkinson, Mayor Pro Tern / Councilmember Gould,
Councilmember Oglesby
Nay: 0 — None
Recuse: 0 — None
14. Appeal Hearing - Atlantic Billboard / Webb, Klase & Lemond, LLC.
A. SIGN24-120 0 Highlands Parkway — Right of Way — No Parcel ID
Franklin Lemond (attorney) with Mike Fitzgerald (appellant) — provided the following
argument:
Appeal — SIGN24-120
• Background: This application was timely and properly denied via email and
mail. Noted the code is silent on how appeals must be filed.
• Railroad location: Railroad location is unzoned, and the City does not have the
authority to deny the applications. Had a similar case against the City of
Clarkston and Dekalb County. Courts ruled in favor of his client.
• Adoption: Zoning procedures mentioned for the first eight, the ordinance was
not properly adopted.
• Contends: The City's code is unconstitutional under GA law based that it
violates the least restricted means test. Asked that the arguments for the first
eight be on record for this appeal as well.
Scott Cochran — City Attorney — provided the following argument:
Explanation: SIGN24-93 was not appealed because the City determined it is not
within Smyrna city limits.
Railroad: Even if the location in within the railroad right-of-way, it does not
matter because it is prohibited by provision in the ordinance.
Prohibitions: Pole signs are prohibited. Issue of height and size are tied to
zoning. Not tied to zoning is the requirement that all signs are to be ground -
Page 9 of 10
Summary of Mayor and Council Decision Regarding Appeal of Atlantic
Billboard LLC
After a hearing on August 12, 2024, the mayor and council determined that the
appeals of the denial for permits 24-70, 24-71, 24-74, 24-75, 24-76, 24-77, 24-78 and
24-79 were not timely filed in the manner required by the sign ordinance. The appeals
were filed more than 10 business days after the mailing of the community
development decision, and this is contrary to Section 82-17(e)(I) of the Smyrna Sign
Ordinance. As a result, the appeals are untimely and should be denied.
Additionally, addressing the merits of the appeal, the city voted to affirm the
decision of the community development department denying permits 24-70, 24-71,
24-74, 24-75, 24-76, 24-77, 24-78 and 24-79, each for the reasons set forth in the
denial letters dated May 6, 2024, issued by the community development department,
regarding each application. A copy of each letter is attached hereto.
As to appeal of application 24-120, the city voted to affirm the decision of the
community development department denying permit 24-120 because the proposed
sign is not a ground -based monument sign.
The mayor and council directed the city attorney to prepare this summary and
forward it to counsel for the applicant as well as the city clerk.
City of Smyrna 3180 Atlanta Road Smyrna, Georgia 30080
(678) 631-5387 / Community Development
May 6, 2024
Michael B Fitzgerald, Manager Atlantic Billboards, LLC
3162 Johnson Ferry Rd #260-441
Marietta, GA 30062
RE: Sign Permit: SIGN-24-71
1660 Spring Rd
17063100410
The application for permit SIGN-24-71 is denied based on the non-compliance with the
regulations established in Chapter 82, Section 15 of the Smyrna Code of Ordinances. The
proposed sign exceeds both the maximum area (32 square feet) and maximum height (8 feet)
specified by the ordinance, is not a ground based monument sign as required by the ordinance
and is a pole sign as prohibited by the ordinance.
Also, this sign would exceed the number of allowable signs at this location because there is
already one ground based monument sign at this location.
Due to the non-compliance with these standards established in Chapter 82 of the Smyrna Code of
Ordinances, the sign permit is denied.
Joey Staubes
Planner II
Community Development
Mayor - Derek Norton
City Council Ward 1 - Glen Pickens/ Ward 2 - Latonia P. Hines/ Ward 3 - Travis Lindley/ Ward 4 - Charles Welch
Ward 5 - Susan Wilkinson/ Ward 6 -Tim Gould/ Ward 7 - Ricky Oglesby, Jr.
City Administrator - Joe Bennett/ City Clerk - Heather Com/ City Attorney - Scott Cochran
Municipal Court Judge - Phyllis Gingrey Collins
City of Smyrna 3180 Atlanta Road Smyrna, Georgia 30080
678 631-5387 / Community Develo ment
May 6, 2024
Michael B Fitzgerald, Manager Atlantic Billboards, LLC
3162 Johnson Ferry Rd #260-441
Marietta, GA 30062
RE: Sign Permit: SIGN-24-75
2620 Cobb Pkwy
17084800050
The application for permit SIGN-24-75 is denied based on the non-compliance with the
regulations established in Chapter 82, Section 15 of the Smyrna Code of Ordinances. The
proposed sign exceeds both the maximum area (32 square feet) and maximum height (8 feet)
specified by the ordinance, is not a ground based monument sign as required by the ordinance
and is a pole sign as prohibited by the ordinance.
Also, this sign would exceed the number of allowable signs at this location because there is
already one ground based monument sign at this location.
Due to the non-compliance with these standards established in Chapter 82 of the Smyrna Code of
Ordinances, the sign permit is denied.
Joey Staubes
Planner II
Community Development
Mayor - Derek Norton
City Council Ward 1 - Glen Pickens/ Ward 2 - Latonia P. Hines/ Ward 3 - Travis Lindley/ Ward 4 - Charles Welch
Ward 5 - Susan Wilkinson / Ward 6 - Tim Gould / Ward 7 - Ricky Oglesby, Jr.
City Administrator - Joe Bennett/ City Clerk - Heather Corn / City Attorney - Scott Cochran
Municipal Court Judge - Phyllis Gingrey Collins
SMYRNA
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GEORG]A
City of Smyrna 3180 Atlanta Road Smyrna, Georgia 30080
(678) 631-5387 / Community Development
May 6, 2024
Michael B Fitzgerald, Manager Atlantic Billboards, LLC
3162 Johnson Ferry Rd #260-441
Marietta, GA 30062
RE: Sign Permit: SIGN-24-77
5240 S Cobb Dr.
17075400200
The application for permit SIGN-24-77 is denied based on the non-compliance with the
regulations established in Chapter 82, Section 15 of the Smyrna Code of Ordinances. The
proposed sign exceeds both the maximum area (32 square feet) and maximum height (8 feet)
specified by the ordinance, is not a ground based monument sign as required by the ordinance
and is a pole sign as prohibited by the ordinance.
Also, this sign would exceed the number of allowable signs at this location because there is
already one ground based monument sign at this location.
Due to the non-compliance with these standards established in Chapter 82 of the Smyrna Code of
Ordinances, the sign permit is denied.
Joey Staubes
Planner II
Community Development
Mayor - Derek Norton
City Council Ward 1 - Glen Pickens/ Ward 2 - Latonia P. Hines/ Ward 3 - Travis Lindley/ Ward 4 - Charles Welch
Ward 5 - Susan Wilkinson / Ward 6 - Tim Gould / Ward 7 - Ricky Oglesby, Jr.
City Administrator - Joe Bennett/ City Clerk - Heather Corn/ City Attorney - Scott Cochran
Municipal Court Judge - Phyllis Gingrey Collins
City of Smyrna 3180 Atlanta Road Smyrna, Georgia 30080
678 631-5387 / Community Development
May 6, 2024
Michael B Fitzgerald, Manager Atlantic Billboards, LLC
3162 Johnson Ferry Rd #260-441
Marietta, GA 30062
RE: Sign Permit: SIGN-24-79
2410 S Cobb Dr
17034600250
The application for permit SIGN-24-79 is denied based on the non-compliance with the
regulations established in Chapter 82, Section 15 of the Smyrna Code of Ordinances. The
proposed sign exceeds both the maximum area (32 square feet) and maximum height (8 feet)
specified by the ordinance, is not a ground based monument sign as required by the ordinance
and is a pole sign as prohibited by the ordinance.
Also, this sign would exceed the number of allowable signs at this location because there is
already one ground based monument sign at this location.
Due to the non-compliance with these standards established in Chapter 82 of the Smyrna Code of
Ordinances, the sign permit is denied.
Joey Staubes
Planner II
Community Development
Mayor - Derek Norton
City Council Ward 1 - Glen Pickens/ Ward 2 - Latonia P. Hines/ Ward 3 - Travis Lindley/ Ward 4 - Charles Welch
Ward 5 - Susan Wilkinson / Ward 6 - Tim Gould / Ward 7 - Ricky Oglesby, Jr.
City Administrator - Joe Bennett/ City Clerk - Heather Corn / City Attorney - Scott Cochran
Municipal Court Judge - Phyllis Gingrey Collins
MAYOR AND COUNCIL MEETING
DEREK NORTON, MAYOR
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CHARLES A.WELCH, WARD 4
TIM GOULD, WARD 6
MAYOR PRO TEM
HE THER K. PEACON-CORN
CITY CLERK
GLENN PICKENS, WARD 1
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TRAVIS LIfMLEV, WARD 3
SUSAN WILKINSON, WARD 5
CITY SEAL