CITY COUNCIL

City of Marietta 205 Lawrence Street Post Office Box 609 Marietta, Georgia 30061 Meeting Agenda CITY COUNCIL R. Steve Tumlin, Mayor Cheryl Richardson, Ward 1 Grif Chalfant, Ward 2 Johnny Walker, Ward 3 G. A. (Andy) Morris, Ward 4 Reggie Copeland, Ward 5 Michelle Cooper Kelly, Ward 6 Joseph R. Goldstein, Ward 7 Wednesday, July 8, 2020 7:00 PM Council Chamber DRAFT CALL TO ORDER: INVOCATION: Council Member Michelle Cooper Kelly, Ward 6 PLEDGE OF ALLEGIANCE: PRESENTATIONS: PROCLAMATIONS: ANNOUNCEMENTS OF GENERAL COMMUNITY INFORMATION BY THE MAYOR, COUNCIL AND/OR CITY MANAGER: Public Health Alert from Cobb & Douglas Public Health SCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes. 20200536 Scheduled Appearance Scheduled Appearance - Donald Barth City of Marietta Page 1 Printed on 7/6/2020 9:50:30AM CITY COUNCIL Meeting Agenda July 8, 2020 20200568 Scheduled Appearance Scheduled Appearance - Trina Griffiths CONSENT AGENDA: Consent agenda items are marked by an asterisk (*). Consent items are approved by majority of council. A public hearing will be held only for those items marked by an asterisk that require a public hearing (also noted on agenda). MINUTES: 20200562 Regular Meeting - June 10, 2020 Review and approval of the June 10, 2020 regular meeting minutes. MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: * 20200545 Cobb-Marietta Water Authority Appointment Motion appointing Council Member Grif Chalfant to the Cobb-Marietta Water Authority for a term of four (4) years, beginning August 15, 2020 and expiring August 14, 2024. ORDINANCES: City of Marietta Page 2 Printed on 7/6/2020 9:50:30AM CITY COUNCIL Meeting Agenda July 8, 2020 20200345 Z2020-19 [REZONING] PULTE HOME COMPANY, LLC Z2020-19 [REZONING] PULTE HOME COMPANY, LLC is requesting the rezoning of 3.8 acres located in located in Land Lots 290, District 17, Parcel 0640 of the 2nd Section, Cobb County, Georgia, and being known as 521 Atlanta Street from OI (Office Institutional) to PRD-SF (Planned Residential Development - Single Family). Ward 1A. The Planning Commission recommends Approval as Stipulated. TABLED from the City Council Meeting on June 10, 2020. Mr. Diffley made a motion, seconded by Mr. Anderson to recommend approval as submitted including the letter of stipulations dated May 22, 2020, except that item #4 be amended to restrict the number of leasable units at any one time to no more than five percent. The motion carried 7-0-0. If Council approves the rezoning, the following stipulations and variances would be incorporated as conditions of zoning: 1. Letter of stipulations and variances from Rob Hosack and James A. Balli, Taylor English Decisions, LLC to Shelby Little, Planning & Zoning Manager for the City of Marietta, dated June 5, 2020. Public Hearing (all parties are sworn in) City of Marietta Page 3 Printed on 7/6/2020 9:50:30AM CITY COUNCIL Meeting Agenda July 8, 2020 20200367 Z2020-24 [REZONING] BERCHER HOMES, LLC Z2020-24 [REZONING] BERCHER HOMES, LLC is requesting the rezoning of 0.43 acres located in Land Lot 1231, District 16, Parcels 0260 & 0270 of the 2nd Section, Cobb County, Georgia, and being known as 224 & 226 Crescent Circle from OI (Office Institutional) to PRD-SF (Planned Residential Development - Single Family). Ward 3A. The Planning Commission recommends Approval as Stipulated. TABLED from the City Council Meeting on June 10, 2020. Mr. McClure made a motion, seconded by Mr. Diffley to recommend approval including the letter of stipulation from Mr. Moore dated May 29, 2020. The motion carried 7-0-0. If Council approves the rezoning, the following stipulations and variances would be incorporated as conditions of zoning: 1. Letter of stipulations and variances from J. Kevin Moore of Moore Ingram Johnson & Steele to Shelby Little, Planning & Zoning Manager for the City of Marietta, dated May 29, 2020. Public Hearing (all parties are sworn in) City of Marietta Page 4 Printed on 7/6/2020 9:50:30AM CITY COUNCIL Meeting Agenda July 8, 2020 20200167 Z2020-13 [REZONING] CAMPUS REALTY ADVISORS, LLC (HARTWOOD INVESTMENTS, LLC) Z2020-13 [REZONING] CAMPUS REALTY ADVISORS, LLC (HARTWOOD INVESTMENTS, LLC) are requesting the rezoning of 9.57 acres located in Land Lots 505 & 576, District 17, Parcels 0170, 0720, 0710, 0700, & 0690 of the 2nd Section, Cobb County, Georgia, and being known as 315 Frey’s Gin Road and 1222, 1230, 1238, & 1246 Banberry Road from PRD-SF (Planned Residential Development - Single Family) to PRD-MF (Planned Residential Development - Multi Family). Ward 7A. The Planning Commission recommends Approval as Stipulated Mr. Diffley made a motion, seconded by Mr. Anderson to recommend approval as stipulated. The motion carried 5-0-0. If Council approves the rezoning, the following stipulations and variances would be incorporated as conditions of zoning: 1. Letter of stipulations and variances from J. Kevin Moore of Moore Ingram Johnson & Steele to Shelby Little, Planning & Zoning Manager for the City of Marietta, dated June 30, 2020. 2. The access on Banberry Road will be restricted to emergency vehicles only and an additional access point will be opened onto Kathleen Drive. Public Hearing (all parties are sworn in) RESOLUTIONS: CITY ATTORNEY'S REPORT: CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: 1. Economic/Community Development: Johnny Walker, Chairperson 2. Finance/Investment: Joseph R. Goldstein, Chairperson City of Marietta Page 5 Printed on 7/6/2020 9:50:30AM CITY COUNCIL Meeting Agenda July 8, 2020 3. Judicial/Legislative: G. A. (Andy) Morris, Chairperson 4. Parks, Recreation and Tourism: Michelle Cooper Kelly, Chairperson * 20200362 Whitaker Park Funding Request Motion to adopt an ordinance amending the Whitaker Estate budget for FY21 not to exceed an expenditure of $9,085 to modify the supports and replace the damaged fabric on the shade structure over the playground equipment at Whitaker Park. 5. Personnel/Insurance: Cheryl Richardson, Chairperson 6. Public Safety Committee: Reggie Copeland, Chairperson 7. Public Works Committee: Grif Chalfant, Chairperson 20200411 Proposed Revision to the Water Use Ordinance for Commercial Car Wash Recycling Motion for the City of Marietta to adopt the revised Water Use Ordinance for Commercial Car Wash Recycling. Second Reading 20200412 Proposed Wastewater/Sanitary Sewer System Ordinance Motion for the City of Marietta to adopt the addition of a new Ordinance of the Wastewater/Sanitary Sewer System prohibiting decentralized wastewater systems. Second Reading 20200414 Proposed Revision to the Water Use Ordinance for Large Landscape Irrigation Systems Motion for the City of Marietta to adopt the revised Water Use Ordinance for Large Landscape Irrigation Systems. Second Reading City of Marietta Page 6 Printed on 7/6/2020 9:50:30AM CITY COUNCIL Meeting Agenda July 8, 2020 * 20200515 Sequoia Drive No Parking Area Motion authorizing a no parking zone to be installed along Sequoia Drive between the Iroquois Drive/Sequoia Drive intersection and the Kiowa Drive/Sequoia Drive intersection on both sides of the street. * 20200516 Hardage Trace Speed Study Motion authorizing Public Works to conduct the speed study of the Hardage Trace area to determine if traffic calming devices are needed. * 20200517 Woolco Drive Speed Limit Motion authorizing the establishment and posting of a 30 MPH speed limit along the entire length of Woolco Drive for both directions of travel between Roswell Road and Gresham Road. * 20200519 Pauladean Circle Utilities Motion authorizing variance from the underground utility’s ordinance allowing a new utility pole at the property line of 291 and 295 Pauladean Circle. This motion does not grant a perpetual variance. Marietta Power must relocate underground at their expense if other utilities at the location are moved underground. 20200520 Wylie Road Underground Utilities Variance Motion to deny the request from Cobb EMC to receive a variance to City Code Section 5-4-160 Underground Utilities ordinance. Request is to allow the installation of five (5) new poles along the right-of-way at 605 and 671 Wylie Road, one (1) new pole at 662 New Hope Road, and for the installation of 1,551 feet of new overhead service conductors. * 20200521 N. Fairground Street Utilities Motion authorizing a variance from the Underground Utilities ordinance to allow the installation of fiber to be over lashed on existing fiber across North Fairground Street from the corner of Rigby Street and North Fairground Street (528 Rigby Street) to 230 North Fairground Street. This motion does not grant a perpetual variance. Zayo Group must relocate underground at their expense if other utilities at the location are moved underground. City of Marietta Page 7 Printed on 7/6/2020 9:50:30AM CITY COUNCIL Meeting Agenda July 8, 2020 * 20200532 Authorization of the Expenditure of Additional TAD Funds for Manget Neighborhood Improvements Motion to approve an additional TAD expenditure of $23,335 for the relocation of Crown Castle’s aerial fiber in the Manget Neighborhood. Council Member Goldstein discloses that PMG Family, LLC and JRG Marietta Parkway, LLC own properties in the Center City South Renaissance Tax Allocation District. Council Member Goldstein is an owner of both PMG Family, LLC and JRG Marietta Parkway, LLC. Council Member Joseph Goldstein Abstaining OTHER BUSINESS: 20200592 Sunday Alcohol Sales - House Bill 879 Motion to approve ordinance as authorized by House Bill 879 which allows the sale of certain alcoholic beverages with certain restrictions commencing at 11:00 AM on Sundays. Requested by Mayor Tumlin 20200582 BLW Actions of July 6, 2020 Review and approval of the July 6, 2020, actions and minutes of Marietta Board of Lights and Water. UNSCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes. ADJOURNMENT: City of Marietta Page 8 Printed on 7/6/2020 9:50:30AM