[0:16] I'm sorry, I'm sorry.

[0:22] I haven't bothered very well.

[0:44] I'm sorry.

[0:51] I'm sorry.

[1:02] I'm sorry.

[1:03] Hey Mike.

[1:30] I'd probably walk around.

[1:31] I'd be here.

[1:32] Hell, look at that.

[1:43] No.

[1:44] Good to see you.

[1:46] Good to see you.

[1:49] It's all been ready for the holidays.

[1:51] I'm counting.

[1:52] I'm almost out there.

[1:54] I'll be out there.

[1:56] Good to see you.

[1:57] Good to see you.

[1:59] Good to see you.

[2:57] So we're excited about it.

[3:03] So we're excited about it.

[3:05] So we're excited about it.

[3:27] I'll see you in the last one.

[3:39] I'll see you in the

[4:03] last one.

[4:08] I've never done this before.

[4:10] I've never done this before.

[5:15] 15 minutes, Tuesday, Sunday, Tuesday, Sunday, Sunday, Tuesday or Sunday, Sunday, Sunday, Sunday, Sunday.

[6:43] I told her to do that.

[6:45] What is she?

[6:49] Oh, okay.

[6:52] Yeah.

[6:52] Well, they probably won't be able to do that.

[6:54] Even though they're right still, they might not be as-

[6:57] We turned you.

[7:00] I thought that would hurt a little.

[7:09] Thank you.

[7:40] It's a people.

[7:42] I thought one.

[7:42] One people.

[7:44] Best.

[7:45] I think that's it.

[7:47] I think

[7:52] that's it.

[7:53] He was a little short, but he was a little short.

[8:09] Good evening everybody. Let's go ahead and get started. Welcome. Thank you all for coming out for those watching online.

[8:18] Item one is implication in pledge. We have with us Bishop Hillier Castilla with Smurna Worship Center at 2600 Davenport Speed. It's Davenport Street.

[8:27] I invite you up now, Pastor, to give our invocation.

[8:31] Everybody please rise.

[8:36] Thank you.

[8:37] It is indeed an honor to petition Guy Stone of Grace.

[8:41] Let's look to the Lord.

[8:43] Father, in heaven, we thank you for this opportunity.

[8:48] This is a day that you made.

[8:50] So we rejoice and we're glad to see it.

[8:53] The script of the Clairs that you are great.

[8:56] You're high and lifted up from everlasting to everlasting.

[8:59] you are God and we adore you at this moment. We not only adore you, but who you are,

[9:06] but we thank you for all you've done. You've led us through pandemic, through economic challenges,

[9:13] through political differences. Every step of the way you've been there, you're God and we just thank you

[9:20] for your goodness and your mercy. We agree with the songwriter who says, if you never do anything else,

[9:27] you've already done more than enough.

[9:31] Now that we've adored you and we thank you,

[9:34] we also want to acknowledge our own shortcomings and just

[9:38] acknowledge that you are good and merciful God.

[9:41] We thank you for giving us when we have

[9:45] consort of what you would have for us to do.

[9:49] Now finally, Father, we petition your thorn of grace.

[9:53] We ask for these leaders that you have appointed and

[9:56] on it.

[9:57] Then you give them uncommon.

[10:00] With them, you give them uncommon courage. You give them uncommon grace and vision as they lead your people.

[10:10] Finally, Father, we pray that you and your loan with superintendent this meeting have your way in our midst.

[10:18] Visit this meeting may or not just be another city council meeting, but may you put your imprint on it such that great things would come therefore.

[10:29] Lord, we ask all of these things in the name of Lord and Savior Jesus Christ,

[10:38] whose birthday

[10:39] we celebrate doing this time, it's in His name that we pray, amen and amen.

[10:48] The pledge of the Pleasure to the Flag of the United States of America, and to the Republic

[10:55] for which it stands, one nation, on the God, in the visible, with liberty and justice for all.

[11:07] Thank you, Bishop, for being with us tonight. Appreciate that.

[11:11] Item two is agenda changes. We don't have any. Item three is the mayoral report.

[11:15] I'm going to be brief tonight. It's been kind of quiet since the last time we met, which is nice.

[11:20] I do want to remind everybody that the menor lighting is tomorrow at Brewner at 530,

[11:25] and they do a giant guilt drop and they bring the ladder truck out from the fire department

[11:31] and drop the gold chocolate coins and it's they have a lot of other entertainment and it's

[11:36] a pretty fun thing and great celebrations. So I hope everybody will come out for that.

[11:42] Item 4 is Land Issue Zoning's an annexations for a Z22-014. This is a public hearing zoning request

[11:50] Z-22-014, allow a rezoning from GC to MU for the development of 24 residential lofts

[11:57] and 9,450 square feet of office in commercial area, 1.09 acres, landlock, 5, 5, 9, 29, 34 at

[12:06] Lannarode, 0 at Lannarode and 2950 at Lannarode to Nalta, LOC and J. Matt Corp. This is in Ward 3

[12:14] with Councilman Lily.

[12:16] May I need to re-cuse myself from the discussion in the

[12:21] Mr. Ben at the background, please.

[12:23] Thank you, Mr. Mayor.

[12:24] To now to LLC and J. Matt Corporation, there's a request in a

[12:28] reason, 1.09 acres of assembled properties along at Lenter Road, from

[12:33] general commercial to MU conditional for the development of a

[12:36] four story, 37,800 square foot mixed use building, which includes 24 residential

[12:42] lofts at a density of 22 units per acre, and 9,450 square feet of commercial office space.

[12:51] The applicant is proposing to demolish the existing restaurant and office building to construct

[12:55] the mixed use development.

[12:57] The planning is only board recommended approval by a vote of 43 at the November 14th, 2022

[13:02] meeting.

[13:04] The Urban Design Commission recommended approval by a vote of 70 at the December 12th, 2022

[13:08] meeting.

[13:09] Community Development recommends approval of the rezoning.

[13:13] Thank you, Mr. Menett.

[13:14] This is in Ward 3. I'll turn it over to Mr. Lindley.

[13:18] Who I'm sure will recognize, Rusty.

[13:20] Thank you, Mr. Mayor. Rusty, I'm going to let you take it.

[13:24] Good evening, Rusty Martin.

[13:25] With the city of Smurner Community Development Department.

[13:29] Community Development Director.

[13:31] Joe did a great job.

[13:32] some horizon where we're at with this case, this property is within an urban design district

[13:39] for downtown.

[13:40] It went before the urban design commission was recommended for approval by vote of 7-0.

[13:47] It also went to the planning and zoning board with a recommendation of approval of 4-3.

[13:56] The property is just over an acre in size.

[13:59] It's located at the corner of Church Street in Atlanta,

[14:03] Road, it's a assemblage of three properties.

[14:06] This is a kind of corn and grill property that they can

[14:08] lock next to that and then in the cauldron.

[14:11] It adores law firm property to the south.

[14:16] The applicant is proposing to demo the existing buildings.

[14:19] And as we're proposing to construct the 37,000 square foot

[14:24] mixed use building, that'll be four stories in size.

[14:29] with commercial retail space on the bottom floor and then 24 residential units on the second through fourth floor.

[14:38] The existing zoning is general commercial.

[14:42] They are requesting the reason the property to mixed use conditional.

[14:49] The feature land use plan has this property is mixed use for the feature land use designation.

[14:57] They are not proposing to change that land use designation.

[14:59] Thank you.

[15:00] As mixed uses an acceptable zoning category under the mixed use feature land use category, so it'll remain the same and there's no change to request to make that change.

[15:13] As you can see, there's public institutional to the west and then everything to the north east and south is all mixed use.

[15:25] This is the proposed site plan.

[15:28] You had the four-story building pulled up,

[15:31] fronting along Atlanta Road.

[15:37] These are all three properties of part of the assemblage.

[15:40] It's a 9,450 square foot footprint.

[15:46] So the first level is going to be office in retail

[15:49] and the levels two through forward

[15:52] going to be residential units, loss.

[15:59] With this zoning district, you're allowed a front set back a zero, a side set back a zero on a rear set back at 20 feet.

[16:08] And within to mix use zoning classification, there is also a maximum building set back and that's at 20 feet.

[16:16] So that building has to be within 20 to zero feet of the front property line.

[16:25] At the rear of the property, there is a two-level parking deck.

[16:30] The bottom level of that parking deck will be accessed from the Atlanta Road entrance and

[16:35] the top level of that parking deck will be accessed from church street.

[16:41] There is no ramping system within the deck, so each level of those decks are accessed from

[16:47] different entry points.

[16:49] There's 68 total spaces within that deck and then there's an additional five spaces outside.

[17:02] The church street access is a right-hand right-out.

[17:05] So there will not be the opportunity to make a left-hand from church street.

[17:12] So only the only access will be as you're heading eastbound on church street into the development

[17:17] and then when you're exiting the development you'll also head eastbound towards Atlanta Road.

[17:25] The Atlanta Road access point is a full access drive, so you can make all the turning

[17:30] move inside of there, and engineering is also requested some modifications with respect

[17:36] to striping within Atlanta Road on that side, and we'll get to that later.

[17:44] There is a loading area along Church Street and Atlanta Road within our staff recommendation.

[17:52] we are proposing to screen net loading area from church street with a wall and or landscaping.

[18:03] The loading area is necessary for the commercial uses that are planned on the bottom floor,

[18:11] the development.

[18:15] The dumpster enclosure is located at the rear of the property and then you have an

[18:21] underground, soil water management facility, there, and then also on the Atlanta roadside

[18:28] at the bottom down there as well.

[18:32] With this development, you got a 20-foot landscape buffer and that'll screen the parking deck

[18:37] from the church property to the rear.

[18:42] And then with this request, there's three variances, and they deal with the access to the site

[18:50] as well as within the urban design district, it does not allow, it caps the overall parking

[18:58] to 120% of the minimum requirement.

[19:04] So with this request, they're asking to go from 41 spaces up to 73 to accommodate the commercial

[19:10] uses and residential uses on site and then there is a third variance that requires all that

[19:18] success above the minimum number of parking spaces to be poorest concrete and they can't

[19:25] do that within the parking deck that's provided. So they need to vary from that request.

[19:32] Staff supports those requirements. The driveway cut on Atlanta road is the existing driveway

[19:40] up for the office building. They are reducing the number of cuts, potential and existing cuts.

[19:50] On a land road with this development which is potentially three total cuts and they're going

[19:56] down to one. So staff is supportive.

[20:01] Here's the proposed elevations for the development.

[20:06] As you can see, it's got a brick. First floor and then they are using cement fiberboard for us to through four.

[20:17] There are some balconies on the sides for the residential units above. All the storefronts for the commercial space wall front on Atlanta road.

[20:27] And then as you can see on that on top picture,

[20:32] you've got the parking deck there with the access to it.

[20:36] And that reflects a brick facade that matches the commercial space,

[20:41] which was a recommendation of staff to require that that parking deck be

[20:47] sort of in line with the rest of the building.

[20:52] Here's the floor plan for the development on the first floors on the bottom.

[20:56] As soon as they have a tenant picked out for those spaces, it will be designed accordingly.

[21:04] But right now they are planning for retail uses for restaurant uses or potentially office spaces as well.

[21:12] The second, three, four, four.

[21:14] Those are the residential units.

[21:18] You have eight units total per four.

[21:21] You have four, two bedroom units and then four, one bedroom units, the two bedroom units are located on the end caps of the building and then the one bedroom units are located in the interior of the floor.

[21:38] And then here are the pictures of the subject properties and then the adjacent properties give you a little context.

[21:47] Community development is recommending approval from GC to MU, conditional with the following conditions.

[22:00] The standard conditions are from section 12.01.

[22:04] Number one deals with the composition of the mixed use building.

[22:07] Number two requires storm water management and that storm water management.

[22:13] at the B screen from the public.

[22:16] Number three requires all utilities to be underground.

[22:20] Number four requires a developer

[22:22] who responsible for traffic improvements.

[22:26] Number five prohibits the bearing of debris on site.

[22:29] Number six requires the installation of decorative street lights.

[22:34] Number seven requires there to be a tree plan for the development

[22:40] and for the developer to follow the city's current.

[22:42] tree ordinance. Number eight, those plans need to be designed by a Georgia

[22:48] registered landscape architect. And number nine, the areas in and around the

[22:54] property need to be landscaped and sorted. Then we added some special conditions

[23:00] that are outside the standard conditions. Number 10 deals with the building

[23:08] In step-backs for the development, number 11, requires the developer to meet all fire access requirements

[23:14] deemed necessary by the fire marshal.

[23:18] Number 12 requires the developer to need to provide all water and sewer improvements deemed

[23:24] necessary by the public work structure.

[23:26] 13 requires the developer to provide all storm water improvements deemed necessary by the city engineer.

[23:32] Number 14 requires the extension of requires a sidewalk connection from Atlanta road sidewalk to the multi-use trail.

[23:45] Number 15 requires the average for area for the residential units to be an average of 900 square feet.

[23:54] 16 requires shared parking amongst the uses within the parking deck number 17 requires

[24:05] all utility and air conditioning units and transformers to be screened from view of

[24:11] the public right away.

[24:14] 18 requires the dumpsters to be enclosed with a brick enclosure and then be screened.

[24:23] Number 19 requires a five-foot sidewalk and this is to connect from Atlanta Road to the existing sidewalk on Church Street.

[24:36] 20 districts access on Church Street from right in to right out.

[24:42] 21 Atlanta, Atlanta Roadship provide a large turning radius on that access number 22.

[24:53] There may be some striking improvements that need to be done to Atlanta Road to accommodate

[24:57] you in for a left hand turn.

[25:01] 23,

[25:04] requires that they replace the curving gutter and grass stripping kind if they remove it during the development process for the multi-use trail in the curving gutter along a land road and church street.

[25:17] 24, there needs to be a small dedication for the sidewalk along church street, 25, the right

[25:29] way of dedication on the land road, to be measured from 50 feet from the center line of the road,

[25:36] to the three feet back of sidewalk. So that usually takes place during the permitting process.

[25:42] 26,

[25:46] there should not exceed 24 residential units for the development and those residential

[25:52] units got to be constructed in a class A first class manner, 28 is a list of components that

[26:03] need to be part of those residential units and then the interior furnishes that go along

[26:08] that to be constructed to condo standards and to unarchified standards, and those deal with

[26:17] building heights and type of cabinets, decorative lighting fixtures, type of flooring in tiles

[26:25] around and stuff like that. 29 of limits to development of 50 percent, one bedroom and 50 percent

[26:35] 2 bedroom, number 30 restricts the height of the overall building in the 66 feet, which

[26:40] is already the mixed use zoning district standard.

[26:45] 31 deals with the parking deck and requires the exterior brick facade, 32 requires that

[26:54] that loading area be screened with a solid brick wall, lattice worker trees or shrubbery.

[27:02] 33 allows for the maximum parking to be increased to 73 spaces, 34 eliminates the requirement

[27:13] for the excess of the minimum parking number to be porous concrete. 35 the driveway

[27:21] cut on Atlanta Road should be allowed, and 36 requires the development of the site to be in

[27:27] substantial compliance with the site plan submitted.

[27:31] 37 ties the elevations of the building to the elevations submitted, and in 38 deals with a recommendation from the UDC that during the permitting process and prior to the issuance of the building permit that the developer will come back and provide those final details to work out with the UDC.

[27:56] As to what the facade materials are going to be, what the window casings are going to be in

[28:01] other architectural elements are going to be for the development.

[28:06] With that, I'll turn it over to you guys, and I'll be happy to answer any questions for you.

[28:11] Thank you, Rusty. Anybody have any questions of Rusty? Mr. Welch.

[28:22] Rusty, can you flashback the last screen, 3738?

[28:29] It's my understanding, as it says there in 38th, if they have to go back to UDC prior to building approval.

[28:39] And 37 limits the elevations to what was submitted on that plan, I guess my concern is I'd like to see some improvements made to what was submitted on the plan.

[28:54] And in doing so, if the developer agrees to that, would they have to come back to us to do that or could you do that internally?

[29:04] I mean, I don't necessarily want to review it again, but would that be something that I guess with this request what we're doing is asking that you have that authority to EEC to approve those changes that they negotiate with UDC to be done.

[29:19] Okay, I'm honed by questions for the development.

[29:22] We did have discussions at the UDC about what those changes would sort of look like and they're going to go back and explore those and come back to UDC.

[29:31] Let's say get ready for the permit.

[29:36] Rusty, can you bring back up the rendering with that shows the trees and everything on that? Can you bring back that rendering back up?

[29:44] You want the site plan?

[29:46] Yep, go back.

[29:47] Oh, is this one? Yep, the purpose of issues. Are you able to zoom in on that a little bit?

[29:54] Um, no, it's PowerPoint.

[29:58] There we go. Well, I want you to-

[30:00] I'll walk through just a little bit here. If you're looking at the space and I think we talked about this, you're creating some little islands in between where you have the green space and everything. Can you explain and the distance between the road and those areas, the in between, can you explain what you, they're having there in the rendering.

[30:23] They're reflecting small understory trees or flowering trees in those little landscape islands in between the storefronts.

[30:33] Right now the building is reflected as being five feet off that's off the multi-ustrail along Lannarode.

[30:42] But there is a play between the building and the parking deck to maybe if they need to move the building back to create some more planable area, there's an opportunity for that in the plan.

[30:53] for those size trees they can get to eight to ten feet usually that's

[30:59] typically enough to support those trees. Rusty just to clear up

[31:04] what I'm just saying. Mr. Gold you've hit your button and I appreciate

[31:09] you doing that if you'd like to pick and would you like to yield a Mr.

[31:11] Lindler. Mr. Lindler. Thank you. Rusty so how far from the curb actually is the

[31:22] When you factor in the trail, the green space, and then the plantable islands.

[31:27] Okay, so

[31:31] I haven't measured that out.

[31:33] I know the trails either going to be 10 or 12 feet total, 10 feet wide.

[31:38] So the trails 10 feet wide, you have a two-foot gap, grass strip, so you have 12 feet pretty

[31:45] much up to the property line, and then the five-foot set back for the building based on this

[31:50] So, you're looking at 17 feet total from back or curve.

[31:56] Mr. Gold.

[32:00] Council member Lynn Lee asked my question regarding front side backs.

[32:04] You answered it.

[32:06] Dr. Wheaton.

[32:08] Thank you Mr. Mayor.

[32:08] I had that question as well, but also just one quick clarification point.

[32:13] Thanks for going through the recommendations there for that six recommendation.

[32:17] I mentioned something with a lighting on that so I have to go back through it.

[32:20] But the goal of that is it to be consistent with the lighting that's presently in the downtown

[32:26] or is it going to look something different or...

[32:30] Primarily, you know Atlanta Road has existing pedestrian lighting and street lighting.

[32:37] I think it's addressing church street and carrying down that consistency there.

[32:43] It may only be really realistically only one fixture at that point because it's not a long distance

[32:49] or maybe to, but perfect. Thanks, appreciate it.

[32:54] Anybody else?

[32:58] That's what?

[32:59] I'd like to invite the applicant up.

[33:08] I want to get the application.

[33:15] Good evening, Mr. Mayor and Council.

[33:17] I'm Kevin Moore here on behalf of the applicant

[33:19] and owners in this application, and please to present this on there

[33:23] by half.

[33:25] As per usual, Mr. Martin did an excellent job of reviewing the application

[33:30] with you and someone who tried to avoid simply repeating

[33:34] And what he has brought forth, I want to try to expand on some of the concepts and some

[33:39] of the points that he was bringing to your attention and to describe that for you on

[33:44] behalf of the applicant and owner.

[33:47] As Mr. Martin stated, this is a proposal to reason on the property from this general commercial

[33:52] to the mixed use conditional zoning category for mixed use building.

[33:57] Mr. Martin did a good job explaining this proposal for a story building with almost 9,500 square

[34:03] feet of commercial space on the first floor that ideally is set up for retail, restaurant and

[34:08] even office type of use with three floors of residential loft units, total in maximum of

[34:15] 24 loft units. There is a two-level parking structure and I want to reiterate again that

[34:20] parking structure will be bricked to match where it's exposed to the right of way as explained

[34:26] by Mr. Martin. In addition, there is that full screening buffer to the rear so it will be

[34:33] highlighted by him as to you part of what we are proposing or what we are proposing is entirely

[34:43] consistent.

[34:44] And I think when you looked at what was presented in particular as it relates to the land use,

[34:51] the proposal here for a mixed use project in building is not only entirely consistent,

[34:56] is what is exactly the use of this.

[35:00] It's been employed to redevelop, across directly across the street from Atlanta as mixed use. It's exactly the concept that

[35:08] allow for the development of market village just to the north of this property as mixed use.

[35:14] It's exactly what the future land use says should go on this property as mixed use, and that's what's being proposed.

[35:20] That's the design, that's the intent, that's the vision that the City has had in approving its land use documents and policies is to have mixed use in this location to expand on downtown and to provide for that as part of the City's downtown.

[35:37] This proposal and this project and this application is consistent with that vision and all respects.

[35:44] The project itself, when it's reviewed by city staff, I thought it was extremely important

[35:52] that there was 16 individual goals and policies, documented goals and policies of the city

[35:58] that are met or satisfied by this project and by this proposal.

[36:02] Those range in terms of categories from anything, from housing, to economic development,

[36:07] land use and quality of life policies and goals that are met by this proposal and by this

[36:14] application for a mixed use building in mixed use project. The project itself in terms of those

[36:20] benefits and how does it really expand on those goals and policies primarily see it repeated over and

[36:26] over again as the walkability aspect. The ability of Smyrna downtown and the mixed use projects that

[36:32] are there now and this proposed mixed use project depends heavily on that aspect of

[36:37] walkability and continue to add that to the fabric of downtown Smurna. From this project,

[36:42] you can walk to the market village. You can walk across the street to Jockel. You can walk

[36:47] to Bronner and enjoy the city services in Park and what's offered there as well. You can walk

[36:53] throughout the downtown area. What does that provide? It provides benefits to the city. It provides

[36:58] benefits importantly to the local businesses of the city that are here in downtown at market

[37:05] across the street, it provides a walkable pedestrian-friendly environment that's not just

[37:13] limited to what's there now but creates that fabric throughout this section of Atlanta

[37:16] Road to Spring Road. And that's important for those local businesses to continue to have

[37:22] that local support by adding additional residents. That's important as well because those

[37:28] continue to provide the economic engine that keeps those local businesses thriving to have

[37:33] presence and to have that growth and a controlled quality manner like being presented here

[37:39] to date tonight for you. Also importantly from the policy and goal standpoint is the redevelopment

[37:46] and revitalization of existing commercial businesses or properties that are really being

[37:51] under-utilized. And this certainly fits that bill in this consistent with that given these three

[37:56] parcels. The redevelopment and revitalization of these parcels consistent with the

[38:04] policies and goals and vision for this area of downtown Smurna, again, meets that goal of redevelopment

[38:12] and revitalization that continues what this city has done over the last 25 and 30 years.

[38:19] The proposed zoning of mixed use also addresses another aspect from a zoning or a land use perspective.

[38:26] And that is currently this property and these properties are zone general commercial, which is one of the most

[38:30] intense zoning categories that the city has in terms of commercial intensity in terms

[38:36] of permitted uses and in terms of entitlements and that is it could be entitled to any

[38:41] one of those general commercial type uses and permitted today without coming back here simply

[38:46] go build something else that's allowed under general commercial which is a very wide range of

[38:51] uses not all of which are appropriate for downtown not all of which in many of which really

[38:56] what the city has envisioned through your own approved land use documents, goals and policies and vision of the city.

[39:04] But what this proposal does bring is something that's entirely consistent with your land use plan,

[39:08] entirely consistent with the policies and goals that have been set out by you as a city and by you as a council.

[39:15] And it provides certainty to provide a mixed use project, mixed use building that adds to it, adds to this area,

[39:23] adds to the fabric of the city and is consistent with each and every one of those policies and goals and documents.

[39:31] There has been a good deal of discussion about the look or the appearance of the building.

[39:36] That's understandable.

[39:38] That always comes up in the zoning cases and zoning applications for your consideration.

[39:43] But here where this property is located is covered by the UDC,

[39:47] which has the very job and role to review designs, to review the architecture and to review buildings that are going up in this area.

[39:54] That's their job in rural. Now they have reviewed it and have approved it generally, but they

[40:00] It also made sure to state that it will come back as Mr. Martin explained to the UDC for the final architectural

[40:06] details, which will be in place and be approved by the UDC. That's what they do and they do a great job of it

[40:12] ensuring that the look and feel a downtown smurna within this area has that certain look and feel

[40:19] that you have come to enjoy and appreciate and that all of us enjoy and appreciate it. I can assure you

[40:26] So in knowing this developer and this builder in the projects that I have personally seen,

[40:33] they look outstanding.

[40:34] It's something that this council this city would be extremely proud of at built here.

[40:39] They do an excellent job and they can execute on what they promised to execute on and make

[40:45] it a project that the city and this council can be proud of.

[40:51] The professional staff is recommended approval based on, I think,

[40:55] 38 or 39, conditions, all of which are

[40:59] agreeable to this applicant and owner.

[41:02] Planning Commission also recommended approval.

[41:03] Last did the UDC just a few days ago.

[41:08] We think they're all correct in their recommendations for approval.

[41:11] And we hope you do, too.

[41:12] And with that, we respectfully request your approval of this

[41:17] rezoning request with all staff conditions as stated.

[41:20] But I'm here Mr. Joe Nights here and we can answer any questions you might have and appreciate your consideration here tonight. Thank you

[41:27] Thank you anybody have any questions?

[41:30] Mr.

[41:34] Moore

[41:34] Mr. Welch

[41:37] Thank you, Mr. Moore

[41:39] I guess and and I'm proud of the appearance and this is as you mentioned in the

[41:44] under the

[41:47] UDC guidelines

[41:49] would the

[41:51] owner be willing

[41:54] When he goes back to UDC to consider some improvement to the roof line of this,

[42:02] Berkeley's presenting it to them as some improvement in the appearance.

[42:06] I do feel like it's a red boxy and it's a personal opinion, right, wrong, very indifferent.

[42:12] But I just happened to pick up my mail tonight and it was an article in the Commerce Business Channel,

[42:19] showing a building on a front of it that showed something that, and this is not what I'm proposing

[42:25] to put out there, but just something with a little different appearance along the roof line

[42:31] of that building, I think would certainly help. I believe that the purpose of the building will

[42:39] fit in the downtown area down there, and I had a councilperson, councilperson years ago that

[42:46] might have quoted said you can't govern style and I guess that's what we're trying to do here

[42:53] and I at least that's what I'm trying to do. But I do think that something would be if they

[42:59] we go back with something that could make a lot of improvements to the building.

[43:04] I'd like to ask you. Yes, I was going to. Mr. Welch, I appreciate that question and as Mr.

[43:09] Knight indicate yes. And I think that's the point of the UDC is to work within

[43:13] on our contextual elements and details that can be brought to bear, taking that very much into consideration,

[43:19] as to what that exactly would be. I think that's why you let the architectural people do that,

[43:23] and I think they'll take that to hard.

[43:25] And the picture he held up was a true spark. So, just make it for reference.

[43:31] Yeah, I mean, did you have this?

[43:33] All right, I

[43:37] understand. Thank you for that.

[43:39] Anybody else have any questions? Do they have a question?

[43:42] Mr. Goode.

[43:44] I miss more. I think you've probably gotten the understanding that the front setback is a concern

[43:51] or a question for some folks because having a floor floor store building near the road is

[43:56] a little bit different than what we have in other parts of the city, but maybe you can expand

[44:02] upon why the buildings are front and the parking deck is in the back, which is from a design

[44:06] perspective desirable, but also I think that integrated well with our neighbors. Second part

[44:11] It's just really the importance of the elevation shows, the trees in the front, and I think that's an important element to keep if at all possible in the design.

[44:20] Sure.

[44:23] Just to give you some sense when you have the ground floor retail restaurant office space in the downtown area.

[44:31] It's important that it be able to engage that area, that street front or store front areas,

[44:37] engaged with the street, engage with Atlanta Red.

[44:40] That's why you see across the street where you have the restaurants and so forth directly across Atlanta Red.

[44:47] They're engaged at Atlanta Red because they're up on it.

[44:49] Here, this serves that same purpose by providing engagement to Atlanta Red not only for the storefront aspect,

[44:57] but also for the residents to walk sniffing straight out onto the street.

[45:00] That enhances walkability, pedestrian friendly creates that kind of environment and engagement.

[45:06] As stated though, I think when you see something that says zero or five foot set back, it makes you think it's right off the street, but as we've discussed, there's Mr. Martin discussed and went through.

[45:16] The building actually is going to be approximately 17 feet off of the actual curb, so you won't feel it being up on the street.

[45:24] It's about 17 feet off the curb to provide for that wide area for the multi-strain, which is a 10-foot

[45:31] sidewalk. And then, of course, incorporating the street trees and street lighting with that,

[45:37] we'll set it back. It won't be an appearance or a feel that's right on you. It'll have an appearance

[45:43] or a feel that it's engaged off the street as a downtown building.

[45:48] Mr Welch.

[45:49] One more question, I don't know if this is a question for you, Mr. Moore, or RESTY, but

[45:56] only the rendering itself, it showed several trees along the front of that building,

[46:03] but in the tree plan, it did not. Is that the intent or not the intent?

[46:11] I'll let Mr. Knight answer.

[46:13] Right. Our goal would be to have trees along the front there. I think in the plan that we submitted that's just the minimum amount of trees required in the other ordinances, but we'd like to have trees there along the front.

[46:28] Anybody else?

[46:30] Thank you.

[46:31] Thank you for your questions.

[46:33] This is a public hearing.

[46:35] I'd invite anybody who would like to speak on this item or even think you might want to speak on this item to come forward and be sworn in by Judge Kothor and who is sitting in for Mr.

[46:44] in the evening. Everybody come on up at once and gets worn in. And if you have not signed this

[46:50] sign-in sheet, please sign it. Miss Heather, can you please get that folks? We only have five

[46:56] signed up if there is anybody who has not signed up on this, come on up and sign it, please.

[48:05] All right. Thank you. Now, I feel all you will come up and be sworn in by just call a phone, please.

[48:36] Thank you. First speaker is Chris Nullowitz, 1121 Park Beach Place.

[48:42] Thank you, Mr. Mayor. Members of the Council, again, my name is Chris Andolo, it's at

[48:46] a 1121 Park few place. That's about a half mile from here. When my family and I moved

[48:53] to Smurna about 18 years ago, one of the reasons that we did so was because of the walkability

[48:58] and mixed use nature of this community. When we moved here, it was envisioned and now my children

[49:04] do walk to Campbell. High school, they walk to the library, they walk to the community center,

[49:10] they walk here, to John Cole, to all of the amenities that are around.

[49:17] We appreciate the ability to be able to get to all these places and have it be part of

[49:22] our daily lives.

[49:24] When I moved to Smurna, the only option that was available was the market village.

[49:30] And during the course of those 18 years, we have seen through innovation, through public

[49:36] public and private partnerships. We have seen the

[49:40] Jomple-Prosse developed. We have seen development of

[49:44] Bellmont Hills and other places that have added to our

[49:48] communities appeal and have increased our property values.

[49:53] You know, I came to Smurna again 18 years ago and it has

[49:57] everything that it had when I got here in Italy.

[50:00] And I very much appreciate all of that. And I distinctly remember, especially with regard to John Cole, and then also with regard to the Belmont Hills and other developments that were made, there were some protests against it, some voices. But I think that over time, the wisdom of the city's plan and the wisdom of staff is shown that those were, in fact, very good decisions for the community and very good decisions for the city.

[50:30] Right now, I want to speak in favor of the rezoning request that is currently here, as has been discussed by the staff, the zoning request, is completely within the vision and land use plan that has been developed by this council and by prior councils and is a continuation of the vision and the long-term plans of this community.

[50:52] The zoning is precisely within the scope and nature of what has been approved and succeeded in the past.

[50:59] And I am confident that it will succeed in the future, especially given the very good partners that we have that are in charge of this project, both from the city and from the developer side.

[51:12] with regard to, with regard to, you know, what's been there and what's going to be there.

[51:19] You know, my very first meal in Smurna was at Ken's Corner Grill when I signed my mortgage.

[51:26] My wife and I ate there, I used to take my kids there on Saturdays, so I certainly have

[51:31] a fond memory of it, but there's all things, you know, things pass and I'm very excited about

[51:37] the new restaurants and new businesses that are coming to Smurna and I think that in another

[51:43] 18 years, what I've been here for even that much longer, I'm going to enjoy having that

[51:49] development here. So again, I strongly encourage the city to approve this and I very much

[51:54] appreciate your time. Thank you for being here. Mr. Ed James is 2431 Reed Street.

[52:09] My name is Ed James and I appreciate the opportunity come and speak in front of you here today.

[52:15] this evening. And I kind of want to echo the same comments that the gentleman

[52:19] before me just spoke. This is very much in line with how our city is

[52:25] functioning and growing. And I applaud you guys for continuing to hold people's

[52:32] feet to the fire and following through on your vision. And I'm very much in

[52:36] favor with moving forward with this project. So I look forward to it. Thank you.

[52:42] Thank you.

[52:44] Mr. Andrew Howard, 1707, Rose Millway.

[52:54] Good evening, Council.

[52:56] As I look at these plans, one of our biggest concerns

[52:58] that myself and my neighbors have

[52:59] is a little bit of the appearance.

[53:02] As we've all been discussing,

[53:04] and it's less so with the actual appearances

[53:05] and the finer details that we've been discussing

[53:07] around lamps and trees and grass drips.

[53:10] But more to the fact of what this could entail

[53:13] if it's not living up to its full potential

[53:17] for 24 loft apartments,

[53:21] it very clearly looks to me as though it might be something else

[53:25] entirely and I just hope the city council is obviously taken into consideration and that

[53:31] we're not signing up for 24 loft apartments that then turn into a motel hotel situation.

[53:38] So I'm not quite sure about the zoning.

[53:39] I'll be the first one to admit that that makes use to general commercial obviously have

[53:43] there's only reasons, but when I look at this, and I especially look at the retail space beneath it,

[53:49] it very much clearly looks like it's something that is not necessarily loft.

[53:54] So, my main concern that I hope the City Council will take into consideration is, you know, later on down the road,

[53:59] once this thing goes, go up, will it turn into something else besides loft apartments?

[54:03] Will it then turn into maybe a mixed use hotel motel situation kind of thing?

[54:09] Thanks for your time.

[54:10] Thank you.

[54:12] Mr. Mike Mitchell.

[54:16] Mr. Mitchell, you didn't put your address down.

[54:19] Would you state your name and address for the record?

[54:21] I sure will. First off, have a hall of days. Good to see you guys.

[54:24] Miss Heinz, I haven't met you yet. I'm Mike. Nice to meet you.

[54:26] You'll see me from time to time. My address is 1181 Church Street.

[54:30] About three and a half football fields from what we're talking about.

[54:36] And I am a significant advocate for this proposed plan.

[54:42] I disagree with the gentleman in front of me.

[54:46] Only because I'm familiar with the locked condo living.

[54:50] The average size of these condos is going to be these homes.

[54:54] This is going to be 900 square feet.

[54:56] Mine is 726.

[54:58] You're talking about a bigger place than I'm.

[55:00] I live in mail. And I have friends who live in the development in Sandy Springs. And it's certainly not a Airbnb motel situation. Those are homes, and those are very, very expensive law terms that do nothing but drive up the value of that community, even though they're not purchased, because they're bringing in people with disposable income who are spending money in Sandy Springs.

[55:27] I am a significant proponent of anything that exposes the world outside of Smurna, Georgia,

[55:35] just Smurna, Georgia.

[55:38] I'm a proponent of us getting as many cool trendy businesses here as we can, making the

[55:45] availability of space possible for residences in Smurna.

[55:52] I think Rusty and Mr. Moore did a great job explaining that we have a UDC, so lots of conversations

[55:59] amongst my neighbors, it doesn't look like the smart and market village. Well, you know what,

[56:02] neither does, well, far go. And neither does Ken's Corner Grill. And it never did. And just like

[56:11] Chris, my very first meal in Spana, Georgia was in Ken's Corner Grill, and I was one of the last

[56:15] customers there when Mr. Ken closed. And I loved those franchise. But I also loved the idea

[56:25] of bringing something else and something new and something fresh into that space. That is about

[56:30] three and a half football fields away from me. And I'm worried about getting a nail in my car during

[56:35] construction sure. If that were the driving force in my life, I would be here every week telling

[56:41] that we can't build anymore houses on church street. I don't want any more homes on church street.

[56:48] This is a, um, it's a silly thing to talk about. This is privately owned land.

[56:57] In the minute, any one of you that I consider many of you friends tell me that I can't

[57:03] paint my walls blue or put up holiday lights. I'd be offended. It doesn't matter

[57:11] What is going there? It's improving Smurna, whether it's residential, whether it's commercial.

[57:17] If we were putting up a doctor's office, people would be thrilled.

[57:22] I think what's scaring people is the red, the 24 luxury loft apartments,

[57:28] which probably aren't going to be shabby.

[57:30] Have you seen the apartments a jungle? They're pretty nice.

[57:34] So, I am a big fan. I am a huge proponent of this. I think that this will only enhance and improve

[57:43] Smurna. And I really, really, really appreciate your time and letting you voice my opinion as someone who lives

[57:50] 3 and a half foot balls will feel delay and this is going to be my new neighbor. And I can't wait to meet my 24 new neighbors.

[57:58] Thank you.

[58:00] Michelle and Martin just says Williams Park, you come up and state your name and address for

[58:05] the record please.

[58:13] Good evening, Mayor and Council.

[58:15] My name is Shawn Martin and my address is 2884 Anderson Circle and so with this particular

[58:25] development, Mayor and Council, you have the opportunity to set the mark for House

[58:31] one of the reasons why this development has so many eyes on it is because it truly

[58:37] is the first of its kind in our downtown and its current design and layout. We do not

[58:43] have any buildings that sit five feet off of the sidewalk. We do not. I believe you all

[58:54] appreciate the design and the fact that Smurna has won several awards with stellar

[59:00] architecture and planning at its core. I believe is one of the reasons why you all serve to

[59:06] protect those things that matter to our city. There are three central issues that I would

[59:13] recommend be studied further. One, the design and architecture to the parking deck and three

[59:19] precedents. For the design and architecture, I really encourage screening along the perimeter of the

[59:28] The building itself does not speak to Smurna architecture.

[59:33] We are a brick city, and that's one of the reasons why our downtown is so fantastic.

[59:40] I would also say that there is an opportunity in this particular project because of the parties involved

[59:46] that we could actually see a lot more than if it were someone who was not

[59:55] who did not know about the intricacies of how we were.

[1:00:00] And for the record, I appreciate the Urban Design Commission for invoking design in their requirement.

[1:00:08] The second parking deck, I suggest that the parking deck be absorbed as you look in these elevations.

[1:00:16] It sort of sticks out like a sore thumb and brick in Smurna is not an applied veneer. It actually means something to the way that the building is shaped.

[1:00:27] So the application of brick along the perimeter of the parking deck, I think fails in smart meeting smart as vision.

[1:00:37] And precedents, why not set a great precedence along Atlanta Road?

[1:00:42] Why not require stellar architecture?

[1:00:46] Why buy into something that we see in every major city in these United States?

[1:00:53] So I suggest that we not move forward with the design, but instead require a design that

[1:00:59] reaps the greatest benefit to the city, to the community, one that we can all be proud of.

[1:01:06] And the other part of that is, I would love to see more expression of the brick on the building.

[1:01:13] I would love to see it greater than just one story, but two.

[1:01:17] And as the attorney suggests with land use, yes, it does matter and this project probably does comply with the number of different studies and all of that, but land use is really a bird's eye exercise, the minute that that land use turn goes vertical and those walls go up, that's where you see the vision really play out in a city.

[1:01:43] And so I just encourage everyone on the council, including Mayor, that Smurna is more than a number's game.

[1:01:53] And I dare to say that this development is great in theory.

[1:01:58] But from what I can see, it has no vision.

[1:02:02] It feels like a mere number's game intended to make money for the developers.

[1:02:10] And so I do want to say also that what goes there does matter and some of the greatest cities that are well planned with great architecture.

[1:02:20] They partner with developers.

[1:02:23] Partner.

[1:02:24] That's a word that really does mean something.

[1:02:27] It's not a matter of a developer coming on board and imposing, you know, the city imposes these requirements.

[1:02:35] know there's a given tape and so I encourage you all to consider that because our city is beautiful

[1:02:41] and it's why you're here. So thank you. Thank you for being here. Chris is wifel 3289 Lee Street.

[1:02:57] Good evening. I support this rezoning to mix use for the following reasons. Number one, the

[1:03:05] comprehensive plan. This development fulfills many of the goals and policies outlined in the

[1:03:10] comprehensive plan, the future land use map, labels these parcels as mixed use, and we should

[1:03:15] follow the comprehensive plan's guidance.

[1:03:18] Number two, a vibrant dynamic energy filled downtown.

[1:03:22] I share the mayor's goal of a smurne downtown full of life and energy, and I believe this

[1:03:26] development helps fulfill those goals.

[1:03:29] People must live downtown to give it vitality.

[1:03:32] Number three, sustainability, mixed use projects used land efficiently, as the building

[1:03:37] is occupied at all times of the day.

[1:03:39] There are fewer infrastructure resources necessary for its compact design.

[1:03:44] Number four, the environment makes use to allow for people to live, work, play, and

[1:03:49] shop in the same area, resulting in fewer car trips and pollution.

[1:03:53] These parcels are already developed, so there's minimal impact of the tree canopy.

[1:03:58] Makes use compact design and redevelopment are three of EPA's smart growth principles.

[1:04:04] Number five, lower crime and public safety, makes use has been shown to lower crime as there

[1:04:10] are eyes on the street during the day and the night.

[1:04:13] People feel safer when there are more people around and when the downtown feels empty, visitors

[1:04:18] don't come and walk around.

[1:04:21] Number six, economic development.

[1:04:23] The project adds four or five businesses.

[1:04:25] It helps create a strong tax base.

[1:04:28] It's a multi-million dollar investment in our downtown.

[1:04:30] and the apartments and employees provide customers for existing downtown businesses.

[1:04:37] Number seven, more housing.

[1:04:40] Something I talked to this council about before.

[1:04:42] Number eight, transit.

[1:04:43] Transit without density does not work.

[1:04:46] Smearnable plan and the transit study and vision.

[1:04:49] More transit coming to downtown.

[1:04:51] This project helps anchor that vision.

[1:04:53] Number nine, protect our neighborhoods.

[1:04:56] Our comprehensive plan does against area for higher density.

[1:04:58] and areas for...

[1:05:24] Thank you. We have one more speaker, Michael Williams, 33-17, pretty branch drive.

[1:05:33] Thank you, Mr. Mayor Council.

[1:05:35] I appreciate the opportunity to speak on this particular development today.

[1:05:40] I live in four stills in old pretty branch drive.

[1:05:44] I grew up in Smurna, grew up in Leastricht, and lived in Smurna for over 35 years.

[1:05:51] And you've heard a lot of people talk about the design of this particular development, and

[1:05:58] I just want to urge you to consider

[1:06:00] that this property is already zone general commercial.

[1:06:04] We have proposed a beautiful development

[1:06:07] and a great building to go on this particular property.

[1:06:16] And I saw that the applicant had made

[1:06:18] some 30-something concessions on design elements

[1:06:22] and even had agreed to Mr. Welch's going back to the UDC.

[1:06:30] Because there is a myriad of commercial uses that could be put on this property.

[1:06:37] We wouldn't have that control.

[1:06:39] Mayor Council wouldn't be able to have the same control they have over this development.

[1:06:44] I think this is an excellent development.

[1:06:46] I think it contributes as has already been said to the walkability, to the livability, and

[1:06:52] And it's exactly what you have envisioned for Smurna and what I as a resident want for the

[1:06:58] city of Smurna.

[1:06:59] So I would just urge you to approve this development in any time a developer is seeking basically

[1:07:06] a less intense and a down zoning I would encourage Mayor and Council to carefully consider

[1:07:12] that because I think that's a great benefit.

[1:07:14] Thank you, Frit.

[1:07:16] Thank you.

[1:07:17] So our last speakers who will close our public hearing.

[1:07:20] I did have a question and one of the speakers mentioned, you know, the rates that will be charged for the rent.

[1:07:27] You all have an idea.

[1:07:28] If I missed it earlier, forgive me.

[1:07:31] But what are y'all thinking about for rents for the one bedroom and two bedroom lofts?

[1:07:35] These would be very expensive.

[1:07:36] I mean, this will be a lot of price per square foot.

[1:07:38] This will be the most expensive building.

[1:07:39] Probably in Smurna, probably a $13 million dollar development.

[1:07:43] So rental will be well above $2 a square foot for the lofts.

[1:07:50] Thank

[1:07:53] you. Mr. Welch.

[1:07:55] Rusty, does the downtown zoning have the restrictions? I mean, a lot of times when we do commercial

[1:08:02] zoning, we'll put, you know, no tattoo powers and make shops and things like that.

[1:08:08] Is that automatically restricted in this zoning that we're looking at?

[1:08:11] No, but those aren't permitted uses within the, that's what I'm getting.

[1:08:15] Makes you sounding district.

[1:08:18] So essentially they are.

[1:08:20] When you're not getting rid of the GC, you're getting rid of those type of uses.

[1:08:25] Rusty, could you have one question for you?

[1:08:26] Just to address the gentleman's question about the building getting turned into a hotel down the road.

[1:08:31] Is that what would happen for that to happen?

[1:08:39] The hotel uses a permitted use within mixed use.

[1:08:44] But, you know, if they're going to rebrand the building and make it into an actual hotel building,

[1:08:53] I would assume there's going to be enough change in those locked the second and third to last zoning

[1:09:00] stipulation say that it's got to be what it is. So, if the building changes in a significant way,

[1:09:06] or the site changes in a significant way, they need to come back to council for approval for that.

[1:09:10] It's a basically general who come back to us for public hearing and approval.

[1:09:16] I may not be here when I get to tell you what changes between now and then.

[1:09:24] But that would be my interpretation if I was here.

[1:09:27] Thank you.

[1:09:29] Anybody else have any questions or comments?

[1:09:32] I'll turn it over to Mr. Linley.

[1:09:35] Thank you, Mr. Mayor.

[1:09:37] And I guess thanks to Mr. Knight and Mr. Moore.

[1:09:42] It has been a long process.

[1:09:44] I know they sat down with us first.

[1:09:47] I'm guessing it was about a year ago.

[1:09:49] Maybe a little over a year ago.

[1:09:51] And I know it has gone through a number of versions.

[1:09:56] One of the first discussions that I know.

[1:10:00] I had and I appreciate you all my guidance. Was that you reach out to the immediate neighbors, the immediate property owners?

[1:10:08] You got mad when I was doing that?

[1:10:12] He's clicking his pen.

[1:10:15] So thank you all for that. I know a number of the changes that resolve from version 1 to version 2 were largely with respect to some concerns by first

[1:10:26] Methodist with a preschool and the what ifs what could be on the property as long as well as a lengthy discussion about the parking and concerns that the church had.

[1:10:42] So that's why we ended up seeing a very expensive parking structure.

[1:10:46] So, I guess to add some context to some of the comments that Revred and heard here tonight.

[1:10:57] But one of the big things that I'm leaning on came as a result of several discussions with our director of economic development.

[1:11:06] And going back nearly three years, when we were able to lure her back from Sandy Springs,

[1:11:16] one of the initial discussions that we had when Rea's Council, Mayor and Council elevated

[1:11:23] her and that role to a department head role, was getting a clear sense of sort of our needs

[1:11:31] an inventory of where we are as a city, where we rank as one of the fastest growing cities

[1:11:38] not only in our county but around Metro Atlanta, where do we rank?

[1:11:43] And one of the telling things that was true three years ago when she came on board and at roughly

[1:11:51] Mr. Bennett, I'm guessing it was around one o'clock this afternoon when I sat down with her again

[1:11:56] and she provided me sort of the the 101 document is those same deficiency

[1:12:01] these are still here. And it is a long list of, I know, one of the big ones that sort of

[1:12:08] stuck in my head was that she had 13 restaurants, eateries that wanted to come to our community.

[1:12:17] And there's nowhere for them to go. Unless they go build straight up out of the dirt, which in

[1:12:23] the environment that we now find ourselves with financing largely, I think, is at a reach for most.

[1:12:30] Certainly that's why we're not seeing them here and then so you walk your way through that

[1:12:35] It's the same with with retail

[1:12:38] It is the same with office space one of the

[1:12:43] One of the initial

[1:12:45] items that sort of caught my eye on this project was that it would be the first

[1:12:51] Class A office space in our city. There is none

[1:12:55] Which is astonishing when you to Mr. Welch's point over here reset

[1:13:01] Stone's throw away is a city from the battery, which is sort of the epicenter of growth in our county yet our city is sits on

[1:13:08] Zero-class a office space same goes for class a restaurant space. There's none. So we've got to as a council and I know each of us is

[1:13:20] One of the speakers always likes to point out. We need to think carefully. We think carefully on every vote, but I think this one in particular

[1:13:28] It checks so many boxes that we're trying to get in keeping with a master plan that was wisely

[1:13:38] started with the prior administration and re-emarking our way through executing it, and

[1:13:45] that comes at the direct ask in demand of our residents.

[1:13:50] So, I feel very good about it as the gentleman spoke there at the end.

[1:13:55] It is a $13 million project and it's at bare minimum.

[1:14:00] I'm supposing something tells me y'all loved to cap it at that, but my guess is it goes north

[1:14:05] of that.

[1:14:06] I think the reality is, as a body, we're hearing about government projects that get up into

[1:14:14] those like a large thoroughfare that our predecessors left us with, but we rarely are talking

[1:14:21] about projects that we get is private projects that come to us in that type of money.

[1:14:31] So these are sizable investments that I'm excited about.

[1:14:34] I'm excited.

[1:14:35] We'll actually have loss in our city.

[1:14:37] This is something new and I know change is a change is tough.

[1:14:42] I am usually the one that likes change the least but I believe it checks a lot of boxes

[1:14:49] And I think it's a wise investment in our future on every front.

[1:14:54] So with that motion, do passes presenting.

[1:14:57] Have a motion, do pass, do I have a second?

[1:15:01] Second, by Dr. Wheaton, all those in favour, please vote.

[1:15:11] And that's approved 60 with Susan Wilkinson

[1:15:15] Recusing herself.

[1:15:19] Well, somebody please go get Ms. Wilkinson. Oh, I think was out that door and

[1:15:24] bring her back. Thank you. She's out there. Okay. Okay. Thank you.

[1:15:35] Item B, Z22-013. This is a public hearing, special land use permit to allow a modular classroom,

[1:15:41] from 8.09 acres, Landlot, 596, 3130 at Lannarode, David Stollings, Mr. Ben in any background

[1:15:49] please.

[1:15:50] Thank you, Mr. Mayor.

[1:15:51] Covenant Christian School was originally approved by the Mayor in Council on March 3rd, 2008

[1:15:56] to place a temporary prefabricated modular building on church property at 3130 at Lannarode.

[1:16:03] The applicant is requesting an extension of the permit.

[1:16:05] The planning and zoning board recommended approval by a vote of 7-0 at the December 12th, 2022 meeting.

[1:16:13] Thank you, Mr. Bennett, I've heard these called learning cottages.

[1:16:17] However, you want to talk about it.

[1:16:18] This is just an extension of their time to have this modular classroom.

[1:16:23] This is in Ward 6. Mr. Gould is everything.

[1:16:27] Thank you, Mr. Mayor.

[1:16:28] I'll show it to you.

[1:16:29] Would you have any information necessary?

[1:16:31] Good evening, Joey Sobs, painter to youth community development.

[1:16:35] This is a special news permit, Z22903 from Covenant Christian School.

[1:16:41] The planning and zoning board recommended approval,

[1:16:43] 7-0 at the December 12 meeting.

[1:16:48] This is the properties owned art 20.

[1:16:51] It is about eight acres.

[1:16:53] This is a modular classroom unit that's been on the property for some time.

[1:16:58] Special land use permit requires approval every 24 months, so they're coming back to the board to the council for

[1:17:06] Extension of that

[1:17:08] Permit for two years

[1:17:11] Community Development recommends approval in the planning and zoning board recommended approval

[1:17:17] The evidence or any questions any questions?

[1:17:20] Do you want to turn it over?

[1:17:24] Hold on just a moment.

[1:17:25] Does the public hearing if there's anybody who'd like to speak for against this item please come forward now and be sworn in?

[1:17:30] hardly anybody left.

[1:17:34] All right.

[1:17:34] Seeing none, we'll close the public hearing and now I'll turn it over to Mr. Guld.

[1:17:38] Thank you, Mr. Mayor.

[1:17:40] Make a motion to prove item for BZ-22-013 as previously read.

[1:17:46] Have a motion to have a second.

[1:17:48] Saying goodbye, Dr. Wheaton, all those in favor, please vote.

[1:17:56] That's approved 70.

[1:17:58] We don't have any privileged licenses tonight,

[1:18:00] so we'll move on to formal business, item A, CON-22-14.

[1:18:05] Approved the purchase of Tyler hosted enterprise ERP to replace our current internally hosted

[1:18:11] munis system and authorized the mayor to sign and execute related documents.

[1:18:15] Mr. Bennett the background please.

[1:18:17] Yes, or in order to improve our service to our citizens, we need to upgrade our current

[1:18:21] in-house hosted munis system to the newer version, which is now called Tyler Enterprise ERP

[1:18:27] and is hosted in the cloud by Tyler Technologies.

[1:18:30] The hosted version is charged as a subscription paid annually.

[1:18:33] It has expected to take several months to accomplish this and any remaining maintenance fees that have been paid for the in-house system will be applied to the new system.

[1:18:42] The expected annual subscription will be 273,542 dollars.

[1:18:50] Thank you, Mr. Bennett. Any discussion or any questions on this item?

[1:18:55] If not, I'll entertain a motion.

[1:18:57] Motion to pass by Mr. Lindley.

[1:18:59] to have a second.

[1:19:00] Second, my Mr. Welch, all those in favor, please vote.

[1:19:06] That's approved 70.

[1:19:08] Item B-22-608, purchased two single-sided 17-foot by 10-foot mobile LED trailers from

[1:19:15] insane impact, max 1710 on GSA contract 47QS WA-19D-0030 for a total of $300,000 from fiscal

[1:19:27] year 2023 CIP funds and authorize the mayor to execute any related documents.

[1:19:31] Mr. Van at any background.

[1:19:34] No, sir other than what has been read.

[1:19:36] Thank you.

[1:19:37] Any discussion?

[1:19:39] I'll entertain a motion to approve.

[1:19:42] Motion to pass.

[1:19:43] Motion to pass by Miss Heinz.

[1:19:45] Second.

[1:19:46] Second by Mr. Pickens.

[1:19:48] All those in favor please vote.

[1:19:52] That's approved 70.

[1:19:55] Item C22-628.

[1:19:58] Adoption of the City of Smurna Classification.

[1:20:00] Section and compensation, plan and recommendations contained therein as presented by the University of Georgia.

[1:20:05] And I understand this is the final step that we have to take to implement our class and

[1:20:10] Comps Study. Mr. Bennett anything else.

[1:20:13] In July 2021, the City Contract of the University of Georgia's Carl Vinson Institute of Government,

[1:20:19] to conduct a comprehensive classification and pay study.

[1:20:22] In October 2021, the City adopted the recommended classification and pay changes

[1:20:27] for sworn police positions in an April 2022 the city adopted the classification and pay

[1:20:33] changes for fire personnel, general government and management positions.

[1:20:38] While we have made several subsequent adjustments to our classifications, pay grade and pay rates

[1:20:43] since that time the city still needs to adopt the classification and pay plan,

[1:20:48] which includes recommendations for several actions that the city of Smurna should consider

[1:20:51] to keep the proposed compensation plan current.

[1:20:55] Additionally, several positions were reviewed to confirm and correct the appropriate

[1:20:59] FLSA classification.

[1:21:02] Several changes are also recommended.

[1:21:03] Staff recommends the formal adoption of the City of Smurna classification in paper.

[1:21:09] Thank you, Mr. Bennett.

[1:21:11] Any discussion?

[1:21:12] I will say that we had an employee lunch, holiday lunch last week, and morale is very high.

[1:21:19] We're taking care of the people who take care of us, and I'm very proud of that.

[1:21:23] If there's no discussion, I'll entertain a motion.

[1:21:28] Motion to pass.

[1:21:29] Motion to pass by Ms. Hines, I have a second.

[1:21:32] Second by Mr. Linley, all those in favor, please vote.

[1:21:36] And that's approved 70.

[1:21:38] Item D 2022-629, approval to set and publish the qualifying fees for the 2023 City General

[1:21:45] Election, November 7th, 2023, as based on the current salary structure for the year 2022

[1:21:51] to $756 for Mayer and $567 for Council Awards 1 through 7.

[1:21:58] Do I have a motion to approve?

[1:22:00] So moved by Mr. Welch, do I have a second?

[1:22:02] Second by Mr. Pickens, all those in favor please vote.

[1:22:08] That's approved 70.

[1:22:10] Item E22-632, authorization to adopt the Georgia Department of Transportation Services

[1:22:16] Procurement Manual for projects that will receive or are anticipated to receive,

[1:22:21] funding through the federal highway administration and authorize the mayor to sign an

[1:22:25] execute.

[1:22:26] All related documents.

[1:22:27] Mr. Bennett, back room, please.

[1:22:29] Thank you, sir.

[1:22:29] The city needs to adopt the Department of Transportation Service's procurement manual to be

[1:22:34] eligible to receive and utilize federal highway administration funding.

[1:22:38] The city is currently pursuing certification as a local public agency for local

[1:22:43] administered projects, known as LAP, to be able to manage city projects that will utilize

[1:22:48] F-H-A-F-H-W-A funding.

[1:22:52] The city currently has an agreement in place with Cobb County to serve in this capacity

[1:22:55] until the city receives this certification.

[1:23:00] Shorten version is this allows us to access federal funds.

[1:23:04] That's correct.

[1:23:05] Sounds good to me.

[1:23:06] Any discussion?

[1:23:07] Have a motion please.

[1:23:11] So move by Mr. Lennley.

[1:23:12] Do I have a second?

[1:23:14] Second by Mr. Welch.

[1:23:15] All those in favor please vote.

[1:23:24] And that's approved 70.

[1:23:25] Thank you.

[1:23:26] Item F, 2022-638, authorization to purchase from Wade Ford at 3860 South Cobb Drives,

[1:23:34] Vernon Georgia, a fleet services truck and service truck for water and sewer in the total

[1:23:40] amount not to exceed $173,000 to be paid using state contract and paid from vehicle replacement

[1:23:46] at an approved budget pricing and authorized mayor to sign an execute overlaid the documents.

[1:23:51] Mr. Ben, the background, please. Thank you, Mr. Mayor.

[1:23:53] Wait for it has recently opened vehicle ordering, in an allotment of one small truck and one large truck.

[1:24:01] It has been given to us. Public works need to be able to order a fleet services truck

[1:24:05] and a water sewer service truck. The current fleet truck will be sold and the revenue from it will go

[1:24:10] towards the higher purchase price and cover the difference between the allotted budget price and the actual price.

[1:24:16] Any discussion?

[1:24:20] Lieutenant Emotion?

[1:24:22] So moved by Mr. Guldav II.

[1:24:25] Second by Mr. Pickens, all those in favor, please vote.

[1:24:30] And that's approved 70.

[1:24:31] Thank you.

[1:24:32] Item G 2022-639.

[1:24:34] Authorization for repairs and maintenance in the amount of $110,000

[1:24:38] for Cooper Lake Bridge by Tidwell Construction Company.

[1:24:42] BO Box 1466 in Douglasville.

[1:24:44] Gracie Gray contractors incorporated 110 Bluffs Parkway in Canton and

[1:24:50] Need Offense Incorporated 3470 Lake Drive in Smurna.

[1:24:53] For Guard Rail Replacement, addition of fall protection and vegetation clearing and authorized

[1:24:58] Mayor to sign an execute.

[1:25:01] . . . . . Yes, for after receipt of efficiency notice from Cobb County, we assess Cooper Lake Road Bridge and found it to be a need of immediate repair. As a result, we need to replace the guardrail, add fall protection, and do some vegetation cleaning.

[1:25:16] Any discussion?

[1:25:19] They have a motion please.

[1:25:21] Move to approve item 6G is previously read.

[1:25:26] Okay, so move by Dr. Wheaton, do I have a second?

[1:25:29] Second.

[1:25:29] Second by Mr. Pickens, all those in favor, please vote.

[1:25:38] That's approved, 7-0.

[1:25:40] Item 7 is commercial building permits.

[1:25:42] We have one, 7-A 2022-601, approval of the issuance of a commercial building permit

[1:25:49] for construction of a new commercial building to support an industrial use.

[1:25:53] 1885, Mitchell Road, the Conland Company.

[1:25:56] Mr. Bennett, the background, please.

[1:25:58] Thank you, Mr. Mayor.

[1:25:58] The commercial building permit has been issued at 1,885 Mitchell Road

[1:26:02] for the construction of a new 191,896 square foot industrial building.

[1:26:09] The project consists of an industrial building with associated loading docs, parking

[1:26:12] and drive areas to support industrial use.

[1:26:16] The total estimated cost of the project is $14,679,000

[1:26:21] and the Conland Company is listed as a general contractor for the project.

[1:26:26] Thank you, Mr. Manning. Anything else we need to know from you?

[1:26:29] Rusty on this? Nope. Okay. This is in Ward 7, Dr. Wheaton.

[1:26:34] Thank you, Mr. Mayor. I'm here like it's also a motion to approve item 7A.

[1:26:38] It's a privilege to read.

[1:26:40] Have a much to approve. Do I have a second?

[1:26:43] Back and by, Mr. Lindley. All those in favor please vote.

[1:26:49] That's approved 7-0.

[1:26:51] Item 8 is the consent agenda. Mr. Bennett, can you please read the consent agenda for council approval?

[1:26:57] Yes, or Item 8, A, M-I-N-20-22-89, approval of the December 1, 2022 committee of the whole meeting minutes.

[1:27:07] Item B, M-I-N-20-22-90, approval of the December 5, 2022 pre-council meeting minutes.

[1:27:15] Item C, M-I-N-2022-91. Approval of the December 5, 2022 mayor in council meeting minutes.

[1:27:24] Item D-22-621. Approval of the adoption of fees for short-term rental licenses and wholesale alcoholic beverage licenses.

[1:27:33] Item E-22-604. Approval of the re-appointment of Heather Bacon to the downtown development authority.

[1:27:40] for a 1-year term January 1, 2023 through December 31, 2023.

[1:27:47] Item F 2022-605, approval of the re-appointment of Heather Bacon to the Urban Design Commission for a 1-year term,

[1:27:56] January 1, 2023 through December 31, 2023.

[1:28:00] Item G 2022-631. Authorization for a road closure for Terry Meyer Drive at Turpen Road for a period of five days for a storm drain replacement by Ardido construction.

[1:28:13] From January 9th, 2023 through January 13th, 2023. Item H 2022-626. A approval of renewal with Georgia Municipal Association for 2023 workers compensation insurance coverage and administration.

[1:28:29] Item I 2022-643, Authorization for a Road Closure at Campbell High School, on December 21st

[1:28:37] in 22nd, as well as December 27th in 28th 2022, for the re-installation of the race speed table

[1:28:45] on powder spring street.

[1:28:48] Finally item J 2022-644, approval of amendment number 4 to the Community Development

[1:28:54] block grant, plan year 21, subrecipient agreement number CD21-c21sa-a, and CD21-c21sa-f to extend

[1:29:10] the termination date for the agreement to March 31, 2023, and authorize the mayor to sign

[1:29:16] and execute all related documents.

[1:29:18] Have a motion to approve the consent agenda.

[1:29:20] Motion to approve.

[1:29:22] So I moved by Miss Hines do I have a second?

[1:29:24] Thank you.

[1:29:25] Thank you by Mr. Pickens.

[1:29:26] All those in favor please vote.

[1:29:31] And that's approved 70.

[1:29:33] Item nine is ward and committee reports.

[1:29:35] We'll start tonight, Mr. Glenn Pickens.

[1:29:39] Oh, thanks, Mayor.

[1:29:40] I'd just like to wish everyone a happy holidays

[1:29:41] and Merry Christmas and hopefully have a good time

[1:29:43] with their families this week.

[1:29:45] Miss Hines.

[1:29:47] I concur with Mr. Pickens

[1:29:50] and last night started Hanukkah.

[1:29:52] So happy Hanukkah. And on the 26th we'll start the Kwanza. So happy Kwanza happy Hanukkah. Merry Christmas.

[1:30:04] Thank you, Mr. Mr. Mayor. Just a quick note all did know that happy Hanukkah tonight, I guess the first

[1:30:12] or yesterday's first official night, wish everybody Merry Christmas. I want to thank everybody. I am in recovery and all as well and appreciate all of the notes and folks approaching me to tell me they've been thinking about me.

[1:30:28] It's been an interesting two weeks for me and my family, but all is well and most importantly

[1:30:32] wish everybody a happy and healthy 2023.

[1:30:36] Thank you.

[1:30:37] Mr. Welch.

[1:30:39] Thank you, Mr. Mayor.

[1:30:39] I happen to be with Ms. Hines last evening at the Santa House for Smarter for everybody's

[1:30:46] information.

[1:30:47] She's one step away from being on the good list and now we share everybody happy holidays.

[1:30:53] So everybody else needs to go see Santa too.

[1:30:56] You know, I was there too.

[1:30:57] It was there, he's two steps away.

[1:31:02] Miss Wilkinson.

[1:31:03] I'd just like to wish everyone happy holidays, Merry Christmas, happy honger and quanza

[1:31:11] I mean and have a nice break between here in New Years with that a yield.

[1:31:20] Mr. Goole.

[1:31:21] Thank you Mr. Mayor.

[1:31:21] Just two quick things.

[1:31:24] This past week, we were able to recognize Dr. Gene Walker, who's a former principal of

[1:31:29] Campbell High School as the Smartest Citizen of the Year.

[1:31:32] So very well-deserving, she's the, again, a long time, a former, long time principal of

[1:31:37] Campbell High, a Smurna area resident, and the current principle of copperizing high schools.

[1:31:43] So it was a, I think it's a pleasure for all of us to recognize our, our really talented

[1:31:47] community education leaders.

[1:31:49] And the second lead tomorrow night is the memorial lighting over in front of Taylor Bronner and the giant guilt drop at 530.

[1:31:58] So come on out for that.

[1:32:00] I want to wish everybody a Merry Christmas Happy New Year.

[1:32:03] And please be safe.

[1:32:05] Dr. Wheaton.

[1:32:06] Yeah, likewise with everyone else safe travel.

[1:32:08] So all those that are traveling for the holidays.

[1:32:11] Those that a lot of weather is going to be off a cold here.

[1:32:15] But hope everyone has wonderful holiday time with your family, friends, loved ones.

[1:32:19] over there may be. Mr. Bennett. Just happy to have a Merry Christmas happy new year.

[1:32:27] It's Benny.

[1:32:31] Judge anything? I'm sorry. Mr. Heather.

[1:32:37] Jill. Hope everybody gets a chance

[1:32:40] to rest and spend a lot of time with their family and has a really good holiday season.

[1:32:45] Item 10 is show cause hearings. We have none. Item 11 is citizen input. We have three people signed up to speak.

[1:32:50] We have Sean Martin Williams Park,

[1:32:54] and not here.

[1:32:55] We have Kathy O'Mates, Countryside.

[1:32:58] She's not here, and then we have Stephen Jones,

[1:33:00] 2823 Spring Drive.

[1:33:08] The evening mayor in Council,

[1:33:10] I couldn't let the year end

[1:33:13] without sharing some thoughts of appreciation.

[1:33:17] And I wanted to start out saying thank you to my Councilman,

[1:33:23] Glenn Pickins. I know he's always there when I have a need. Anytime I call

[1:33:30] our text him, he responds quickly and he serves our award very well. It's a very

[1:33:37] very busy ward over there and I'm excited to live there and live there all

[1:33:43] my life and appreciate him. He's always available and it means a lot when you're

[1:33:50] serving the citizens and that you're available and

[1:33:55] concerned for what they're concerned about.

[1:33:58] So thank you.

[1:34:00] I wanted to share my appreciation to you, Mayor.

[1:34:04] I think it was a wonderful thing that you called

[1:34:08] faith leaders together to try to help more people in need

[1:34:13] in our city.

[1:34:16] My church, which is located in Councilman-Linley's ward, happy to say, my pastor was at that meeting,

[1:34:30] and he had a lot of positive things to say about that.

[1:34:35] And as you've mentioned, I've asked him, in your 30-plus years of ministry, have you ever known a mayor,

[1:34:44] They call church leaders together to help serve citizens in a more, you know, to bring together ideas and to share what they see in their ministries. And he said, no, that's never heard.

[1:35:00] So, I commend you for doing that, and he also shared with me that he noticed your, you had a joy and a passion to give to people, and to see people that truly need help get helped.

[1:35:17] So, he preached that about you. So, I want to share my appreciation to Ms. Councilwoman Wilkinson. We have many, I'm not in her ward, obviously, but we have a lot of conversation.

[1:35:29] about her ward and her people in her ward and she has a true heart for her people.

[1:35:37] And a lot of times when I see her reaching out to her people either here, they actually

[1:35:43] have a big following and that really says a lot that you really serve your ward well.

[1:35:51] And when I was getting a petition to have some speed tables put in on my street, you took the time to come out, drive my neighborhood, see what my concerns were, and obviously voted to approve those.

[1:36:09] And they were still working great, they were really good.

[1:36:14] So thank you. And then a couple of men in the back that never really get mentioned a whole lot. Officer Steve Brennan and Officer Larry Mazzoni.

[1:36:26] They've become friends of mine and I can tell you that I've asked them a lot of questions over these past few years about the safety of my home, safety on my street.

[1:36:39] They have a wealth and knowledge that has really helped me out, and I just really appreciate

[1:36:45] them.

[1:36:45] I appreciate that.

[1:36:46] I feel, you know, so comfortable just approaching and asking them anything, so I appreciate

[1:36:54] them protecting the city hall, and I don't

[1:37:01] just want to share that and mention them.

[1:37:05] So thank you, and I hope everyone has a Merry Christmas.

[1:37:08] Thank you.

[1:37:09] You too.

[1:37:11] We don't have anybody else signed up for citizen input, there's no other business before this body, we're adjourned at 829. Thank you.

City Council on 2022-12-19 7:00 PM

Agenda

Transcript