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, November 11, 2020 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Johnny Walker, Ward 3 PLEDGE OF ALLEGIANCE: PRESENTATIONS: 20200926 PAL (Police Athletic League) Presentation of gift to PAL (Police Athletic League) from Marietta Country Club Charitable Golf Tournament. PROCLAMATIONS: 20200945 Marietta Police Canines Presentation by Council Member Cheryl Richardson of a Proclamation for the Marietta Police Canines: Officer Aaron Johnson K-9 Atos Officer Ryan Lukaszewicz K-9 Apex Officer Joey Powell K-9 Jocquo ANNOUNCEMENTS OF GENERAL COMMUNITY INFORMATION BY THE MAYOR, COUNCIL AND/OR CITY MANAGER: City of Marietta Page 1 Printed on 11/13/2020 10:00:17AM CITY COUNCIL Meeting Agenda November 11, 2020 SCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes. 20200928 Scheduled Appearance Scheduled Appearance - Larry Wills 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: * 20200899 Regular Meeting - October 14, 2020 Review and approval of the October 14, 2020 regular meeting minutes. * 20200900 Special Meeting - October 27, 2020 Review and approval of the October 27, 2020 special meeting minutes. MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: ORDINANCES: City of Marietta Page 2 Printed on 11/13/2020 10:00:17AM CITY COUNCIL Meeting Agenda November 11, 2020 20200811 Z2020-29 [SPECIAL LAND USE PERMIT] REEF KITCHENS (NIRMAAN INVESTMENT LLC) Z2020-29 [SPECIAL LAND USE PERMIT] REEF KITCHENS (NIRMAAN INVESTMENT LLC) is requesting a Special Land Use Permit for 0.92 acres zoned CRC (Community Retail Commercial) and located in Land Lot 714, District 17, Parcel 0050, 2nd Section, Marietta, Cobb County, Georgia, and being known as 1200 Franklin Gateway. Special land use permit for a mobile retail food establishment. Ward 1A. The Planning Commission recommends Approval as Stipulated Mr. Diffley made a motion, seconded by Mr. Hunter, to recommend approval as stipulated. The motion carried 6-0-0. If Council approves the rezoning, the following variance stipulation would be incorporated as conditions of zoning: Variance: 1. Variance to reduce the required setback for a mobile retail food establishment from forty (40) feet to twenty-two (22) feet. [§708.16 (C.2.c)] Stipulation: 2. The Special Land Use Permit shall expire after one year. Public Hearing (all parties are sworn in) 20200840 CA2020-06 [CODE AMENDMENT] CA2020-06 [CODE AMENDMENT] Proposal to amend the Comprehensive Development Code of the City of Marietta, Division 708.05 Single Family Residential - Attached (RA-4), Division 708.06 Single Family Residential - Attached (RA-6), Division 708.07 Single Family Residential - Attached (RA-8), Division 708.09 Planned Residential Development - Single Family (PRD-SF), Division 708.11 Multi Family Residential (RM-10), Division 708.12 Multi Family Residential (RM-12), Division 708.14 Planned Residential Development - Multi Family (PRD-MF), Division 708.20 Mixed Use Development, and Division 724.02, Division of Terms, regarding open space, amenity area, and driveway requirements. The Planning Commission recommends Approval. Mr. Diffley made a motion, seconded by Mr. McClure, to recommend approval as written. The motion carried 6-0-0. Public Hearing (all parties are sworn in) City of Marietta Page 3 Printed on 11/13/2020 10:00:17AM CITY COUNCIL Meeting Agenda November 11, 2020 RESOLUTIONS: CITY ATTORNEY'S REPORT: * 20200934 Denial of Claim Denial of Claim for Michael Robert Rouse. CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: 1. Economic/Community Development: Johnny Walker, Chairperson 2. Finance/Investment: Joseph R. Goldstein, Chairperson * 20200837 FY2020 Budget Reconciliation Motion to amend the Fiscal Year 2020 Budget to address the annual year-end settlement of accounts. 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 and members of his family are owners of both PMG Family, LLC and JRG Marietta Parkway, LLC. Council Member Goldstein Abstained 3. Judicial/Legislative: G. A. (Andy) Morris, Chairperson * 20200594 HB 879: Extension of Sunday Sales for Off Premise Consumption Motion to amend the Chapter 8-8 Alcoholic Beverages of the Code of Ordinances of the City of Marietta, to extend the hours of Sunday sales for off premise consumption. Council member Michelle Cooper Kelly disclosed that she is employed by a large brewery that also owns several craft breweries. Second Reading City of Marietta Page 4 Printed on 11/13/2020 10:00:17AM CITY COUNCIL Meeting Agenda November 11, 2020 20200822 Charter Amendment related to Municipal Court Judges & Prosecuting Attorneys Motion to approve Amendments to the Charter for the City of Marietta Section 4.11 entitled “Municipal Court” and Section 6.6 entitled “Prosecuting Attorney”. First Reading Public Hearing * 20200869 Final Plat - Mountain View Road Motion to approve the final plat for 248 Mountain View Road. * 20200870 Preliminary Plat - 326 Nelson Street Motion to approve the preliminary plat for 326 Nelson Street and 309 Saint Mary’s Lane. City of Marietta Page 5 Printed on 11/13/2020 10:00:17AM CITY COUNCIL Meeting Agenda November 11, 2020 20200872 Detailed Plan - The Dugout Motion to approve the attached detailed plan, dated 11/11/2020, for 45 townhomes with staggered options at 1468 and 1540 Cobb Parkway North with the following stipulations. 1. The homes in the community shall be traditional in nature and consistent with the attached house elevations approved by the City of Marietta, dated 5/8/20. Design features, standards, and requirements incorporated in the homes shall be as follows: a) Mixture of materials with material changes taking place on the interior corners or where roof massing accommodates the change of materials. b) Window muntins appropriate to the style of the home on all four sides of the residence. c) Shutters deemed appropriate by the architecture on front and side elevations (and on the rear elevations where they can be seen from the public streets) of the homes. d) Mixture of the materials to continue, as appropriate onto the side and rear elevations. e) There shall be a maximum of 20 feet horizontally and vertically between architectural fenestration elements (windows, false shutters, change of material, etc.) per heated floor space. This will eliminate large expanses of a single material without a break and add architectural interest to the elevations. f) In the event of a disagreement as to being four-sided architecture, the City Manager of the City of Marietta, GA shall be the final arbiter of the plan meeting the criteria. 2. The townhouses shall be “for sale” only, and no more than five percent (5%) of all the houses townhouses within the residential development shall be allowed to be renter occupied at any time. A recital of this requirement shall be contained within the covenants to ensure enforcement. In addition, the homeowner’s association or other governing body is hereby charged with the responsibility of enforcing this regulation on all homeowners and owners of lots and property in the development. The homeowner’s association shall enforce this regulation to ensure compliance with city ordinances with both the initial owner of the property as well as all subsequent owners. Failure of the homeowner’s association to require and achieve compliance may result in a civil penalty by the City of Marietta against the homeowner’s association in the amount of $500.00. 3. Variance to waive new sidewalks along the Cobb Parkway North frontage. [§732.07] City of Marietta Page 6 Printed on 11/13/2020 10:00:17AM CITY COUNCIL Meeting Agenda November 11, 2020 20200873 Detailed Plan - Crescent Circle Townhomes Motion to approve the attached detailed plan for five (5) townhomes at 224 & 226 Crescent Circle with the following stipulations: 1. The homes in the community shall be traditional in nature and consistent with the attached house elevations approved by the City of Marietta, dated 10/27/20. Design features, standards, and requirements incorporated in the homes shall be as follows: a. Mixture of materials with material changes taking place on the interior corners or where roof massing accommodates the change of materials. b. Window muntins appropriate to the style of the home on all four sides of the residence. c. Shutters deemed appropriate by the architecture on front and side elevations (and on the rear elevations where they can be seen from the public streets) of the homes. d. Mixture of the materials to continue, as appropriate onto the side and rear elevations. e. There shall be a maximum of 20 feet horizontally and vertically between architectural fenestration elements (windows, false shutters, change of material, etc.) per heated floor space. This will eliminate large expanses of a single material without a break and add architectural interest to the elevations. f. In the event of a disagreement as to being four-sided architecture, the City Manager of the City of Marietta, GA shall be the final arbiter of the plan meeting the criteria. 2. The townhouses shall be “for sale” only, and no more than five percent (5%) of all the houses townhouses within the residential development shall be allowed to be renter occupied at any time. A recital of this requirement shall be contained within the covenants to ensure enforcement. In addition, the homeowner’s association or other governing body is hereby charged with the responsibility of enforcing this regulation on all homeowners and owners of lots and property in the development. The homeowner’s association shall enforce this regulation to ensure compliance with city ordinances with both the initial owner of the property as well as all subsequent owners. Failure of the homeowner’s association to require and achieve compliance may result in a civil penalty by the City of Marietta against the homeowner’s association in the amount of $500.00. 20200791 Code Amendment - Special Land Use Permit updates Motion to authorize staff to advertise a proposed code amendment to update Special Land Use Permit requirements and add drug abuse treatment centers. Council Member Goldstein Opposed City of Marietta Page 7 Printed on 11/13/2020 10:00:17AM CITY COUNCIL Meeting Agenda November 11, 2020 * 20200896 Open Containers Policies Motion to approve the Open Container Ordinance for alcoholic beverages in the Downtown District. Councilmember Goldstein discloses that he, members of his family and/or entities owned by him and/or members of his family own property in downtown Marietta. Further, he, members of his family and/or entities owned by him and/or members of his family have business relationships with some of the people/entities supporting the open container district and asking for consideration thereof. First Reading Council Member Goldstein Abstained * 20200839 2021 City Council Meeting Dates Motion to table the 2021 proposed meeting dates for City Council & Committee Meetings to the next Judicial Legislative Committee Meeting. 4. Parks, Recreation and Tourism: Michelle Cooper Kelly, Chairperson 5. Personnel/Insurance: Cheryl Richardson, Chairperson 6. Public Safety Committee: Reggie Copeland, Chairperson 7. Public Works Committee: Grif Chalfant, Chairperson * 20200859 Proposed Revision to the Stream Buffer Protection Ordinance Motion adopting the revised Stream Buffer Protection Ordinance for the Metropolitan North Georgia Water Planning District (MNGWPD). They have required all local governments within the MNGWPD, including the City of Marietta, to revise and adopt an ordinance in accordance with the MNGWPD model ordinance for stream buffer protection. This requirement will allow the City of Marietta to fulfill its responsibility to protect and maintain stream water quality. The purpose of this update and revision is to address comments from a recent audit by the MNGWPD and to protect the public health, safety, environment, and general welfare; to minimize public and private losses due to erosion, siltation and water pollution; and to maintain stream water quality. Second Reading City of Marietta Page 8 Printed on 11/13/2020 10:00:17AM CITY COUNCIL Meeting Agenda November 11, 2020 * 20200860 Proposed Revision to the Litter Control Ordinance Motion adopting the revised Litter Control Ordinance for the Metropolitan North Georgia Water Planning District (MNGWPD). They have required all local governments within the MNGWPD, including the City of Marietta, to revise and adopt an ordinance in accordance with the MNGWPD model ordinance for litter control. This requirement will allow the City of Marietta to fulfill its responsibility to regulate and remain in compliance with prohibiting litter. The purpose of this update and revision is to address comments from a recent audit by the MNGWPD and to protect the public health, safety, environment, and general welfare through the regulation and prevention of litter. Second Reading * 20200861 Proposed Revision to the Post-Development Stormwater Management for New Development and Redevelopment Ordinance Motion adopting revisions to the Post Development Stormwater Management for New Development and Redevelopment Ordinance, to replace and become known as the Post Construction Stormwater Management for New Development and Redevelopment Ordinance. The Metropolitan North Georgia Water Planning District (MNGWPD) has required all local governments within the MNGWPD, including the City of Marietta, to revise and adopt an ordinance in accordance with the MNGWPD model ordinance for post construction stormwater management for new development and redevelopment. This requirement will allow the City of Marietta to fulfill its responsibility and remain in compliance with the MNGWPD’s requirements for the management of stormwater, post construction, as related to the development and redevelopment of land. The purpose of this update and revision is to protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased post construction stormwater runoff and nonpoint source pollution associated with new development and redevelopment. Due to the numerous proposed changes, it is recommended that the current ordinance be replaced in whole with the proposed ordinance. Second Reading City of Marietta Page 9 Printed on 11/13/2020 10:00:17AM CITY COUNCIL Meeting Agenda November 11, 2020 * 20200862 Kirkpatrick Drive Speed Study Motion authorizing Public Works to conduct the speed study of Kirkpatrick Drive, from Whitlock Avenue to Walnut Drive, to determine if traffic calming devices are needed. * 20200863 Darien Way Speed Study Motion authorizing Public Works to conduct the speed study of Darien Way, from Stewart Avenue to Keeler Woods Drive, to determine if traffic calming devices are needed. * 20200864 Merritt Road Speed Study Motion authorizing Public Works to conduct the speed study of Merritt Road, from Barnes Mill Road to Lockheed Elementary School, to determine if traffic calming devices are needed. * 20200866 Hardage Trace Speed Study Motion authorizing Public Works to proceed with the posting of the speed limit to 25 MPH on Hardage Trace, Fleetwood Trail and Lucinda Court. * 20200865 Bentley Road Utilities Motion authorizing variance from the underground utility’s ordinance allowing a new utility pole in the right-of-way at 1696 Bentley Road. 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. * 20200874 Waverly Way Utilities Motion authorizing variance from the underground utility’s ordinance allowing a new utility pole to be installed in the right-of-way at Powder Springs Street and Waverly Way. This motion does not grant a perpetual variance. Marietta Power must relocate underground at their expense if other utilities at this location are moved underground. OTHER BUSINESS: City of Marietta Page 10 Printed on 11/13/2020 10:00:17AM CITY COUNCIL Meeting Agenda November 11, 2020 20200777 V2020-40 [VARIANCE] 1705 WHITE CIRCLE HOLDINGS LLC V2020-40 [VARIANCE] 1705 WHITE CIRCLE HOLDINGS LLC is requesting variances for property zoned LI (Light Industrial), located in Land Lot 862, District 16, Parcel 0020, 2nd Section, Marietta, Cobb County, Georgia, and being known as 1705 White Circle. Ward 4B. 1. Variance to waive the 50-foot buffer along the northern property line. [§708.26 (I)] 2. Variance to allow outdoor storage within 50 feet of any property zoned for residential purposes and within 25 feet of City right-of-way. [§708.26 (B.35.c)] 3. Variance to allow more than 50% of the parcel to be used for outdoor storage. [§708.26 (G.1)] 4. Variance to eliminate the 10-planted border and corresponding plantings along White Circle. [§712.08 (G.2)] Public Hearing (All parties are sworn in) 20200946 601 Powder Springs Street Motion to approve settlement with owner of 601 Powder Springs Street in the amount of $58,000.00, subject to final approval of all documents by the City Attorney. * 20200901 BLW Actions of November 9, 2020 Review and approval of the November 9, 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 11 Printed on 11/13/2020 10:00:17AM