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, December 9, 2020 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Andy Morris, Ward 4 PLEDGE OF ALLEGIANCE: PRESENTATIONS: 20201033 Marietta High School Girls & Boys Basketball Teams Recognition of Marietta High School Girls Basketball Team with Coach DeWitt presented by Council Member Andy Morris and Boys Basketball Team with Coach Hood presented by Council Member Reggie Copeland, to give us an update of the upcoming basketball season and The Lemon St Classic. PROCLAMATIONS: ANNOUNCEMENTS OF GENERAL COMMUNITY INFORMATION BY THE MAYOR, COUNCIL AND/OR CITY MANAGER: SCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes. City of Marietta Page 1 Printed on 12/8/2020 2:37:12PM CITY COUNCIL Meeting Agenda December 9, 2020 20200980 Scheduled Appearance Scheduled Appearance - Donald Barth. 20200981 Scheduled Appearance Scheduled Appearance - Brian Peters. 20201035 Motion to Reconsider - Special Land Use, Reef Kitchens Motion to reconsider agenda item 20200811, Z2020-29 Special Land Use Permit, Reef Kitchens (Nirmaan Investment LLC), for property located at 1200 Franklin Gateway. The special land use permit for a mobile retail food establishment was denied by City Council 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. 3. Applicant will abide by the hours of operation specified under Article 8-12-27- 030 (G.), which states “No sale or offer for sale shall be made by any licensee between …10:00 p.m. and 6:30 a.m….” Public Hearing (all parties are sworn in) City of Marietta Page 2 Printed on 12/8/2020 2:37:12PM CITY COUNCIL Meeting Agenda December 9, 2020 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: 20201004 Regular Meeting - November 11, 2020 Review and approval of the November 11, 2020 regular meeting minutes. MAYOR’S APPOINTMENTS: (for informational purposes only) * 20201017 Appointment of BLW Council Member Appointment of Council Member Andy Morris of Ward 4 to serve on the BLW Board for a one-year term commencing January 1, 2021 and ending December 31, 2021. CITY COUNCIL APPOINTMENTS: * 20200984 Board of Zoning Appeals Appointment (Ward 7) Reappointment of Tom Samples to the Board of Zoning Appeals (Ward 7) for a three-year term, expiring December 14, 2023. Tom Samples has been on the board since December 2012. ORDINANCES: City of Marietta Page 3 Printed on 12/8/2020 2:37:12PM CITY COUNCIL Meeting Agenda December 9, 2020 20200795 Z2020-28 [REZONING] SANDRA ALLEN DUPREE Z2020-28 [REZONING] SANDRA ALLEN DUPREE is requesting the rezoning of 0.46 acres located in Land Lot 289, District 17, Parcel 1700 of the 2nd Section, Cobb County, Georgia, and being known as 297 East Dixie Avenue from LI (Light Industrial) to R-4 (Single Family Residential - 4 units/acre). Wards 1A. The Planning Commission recommends Approval Mr. Diffley made a motion, seconded by Mr. McClure to recommend approval as submitted. The motion carried 7-0-0. If Council approves the rezoning, the following variance would be incorporated as conditions of zoning: · Variance to reduce the minimum lot width for a property zoned R-4 from seventy-five (75) feet to seventy (70) feet [§708.04 (H)] Public Hearing (all parties are sworn in) 20200885 Z2020-30 [REZONING] PETER VARLJEN (JOHN HILDEBRAND) Z2020-30 [REZONING] PETER VARLJEN (JOHN HILDEBRAND) is requesting the rezoning of 0.37 acres located in Land Lot 287, District 17, Parcel 0100 of the 2nd Section, Cobb County, Georgia, and being known as 234 West Dixie Avenue from OI (Office Institutional) to R-4 (Single Family Residential - 4 units/acre). Wards 1A. The Planning Commission recommends Approval Mr. Diffley made a motion, seconded by Mr. Hunter to recommend approval as stipulated. The motion carried 7-0-0. If Council approves the rezoning, the following variance would be incorporated as conditions of zoning: · Variance to allow the existing gravel driveway to remain. [§716.08] Public Hearing (all parties are sworn in) City of Marietta Page 4 Printed on 12/8/2020 2:37:12PM CITY COUNCIL Meeting Agenda December 9, 2020 20200887 Z2020-31 [REZONING] BERCHER HOMES, LLC (LOST MOUNTAIN DEVELOPMENT, LLC) Z2020-31 [REZONING] BERCHER HOMES, LLC (LOST MOUNTAIN DEVELOPMENT, LLC) is requesting the rezoning of 2.0 acres located in Land Lot 322, District 20, Parcel 0080 of the 2nd Section, Cobb County, Georgia, and being known as 1040 Westborough Road from CRC (Community Retail Commercial) to RM-8 (Multi-Family Residential - 8 units/acre). Wards 4C. The Planning Commission recommends Approval Mr. Anderson made a motion, seconded by Mr. Diffley to recommend approval as stipulated. The motion carried 6-1-0. Ms. McCrae opposed. If Council approves the rezoning, the following stipulations and variances would be incorporated as conditions of zoning: · 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 December 1, 2020. Public Hearing (all parties are sworn in) Council member Johnny Walker disclosed that he will be abstaining from agenda item 20200887, Z2020-31 Rezoning request for property located at 1040 Westborough Road. City of Marietta Page 5 Printed on 12/8/2020 2:37:12PM CITY COUNCIL Meeting Agenda December 9, 2020 20200791 CA2020-08 [CODE AMENDMENT] CA2020-08 [CODE AMENDMENT] Proposal to amend the Comprehensive Development Code of the City of Marietta, Division 708.01 Single Family Residential/Agriculture (R-1), Division 708.02 Single Family Residential (R-2), Division 708.03 Single Family Residential (R-3), Division 708.04 Single Family Residential (R-4), 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 708.10 Multi Family Residential (RM-8), Division 708.11 Multi Family Residential (RM-10), Division 708.12 Multi Family Residential (RM-12), Division 708.13 Residential High Rise (RHR), Division 708.16 Community Retail Commercial (CRC), Division 708.21 Office Institution Transitional (OIT), Division 708.22 Low Rise Office (LRO), Division 708.23 Office Institutional (OI), Division 712.01 Special Land Use Permits, and Division 724.02, Division of Terms, regarding Special Land Use Permits and drug abuse treatment centers. The Planning Commission recommends Approval. Mr. Diffley made a motion, seconded by Ms. McCrae, to recommend approval as written. The motion carried 7-0-0. 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 City of Marietta Page 6 Printed on 12/8/2020 2:37:12PM CITY COUNCIL Meeting Agenda December 9, 2020 * 20200960 PY2020 CDBG Annual Action Plan Substantial Amendment Motion to approve the PY2020 CDBG Annual Action Plan substantial amendment to incorporate a new allocation of CDBG-CV funds in the amount of $467,230 used to prevent, prepare for or respond to COVID-19, with $427,230 allocated to Public Services and $40,000 allocated to Public Facilities. The amendment will also make adjustments to the 2020 CDBG allocation in the amount of (-$82) and reallocate unexpended 2019 admin funds in the amount of $7,122.41 to 2020 ELD Emergency Grant projects. 2. Finance/Investment: Joseph R. Goldstein, Chairperson 3. Judicial/Legislative: G. A. (Andy) Morris, Chairperson 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”. Second Reading Public Hearing City of Marietta Page 7 Printed on 12/8/2020 2:37:12PM CITY COUNCIL Meeting Agenda December 9, 2020 * 20200970 Detailed Plan - 1501 & 1521 Sandtown Rd Motion to approve the detailed plan for 33 townhomes at 1501 & 1521 Sandtown Road, zoned PRD-SF (Planned Residential Development Single Family), 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 10/7/20. 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. * 20200839 2021 City Council Meeting Dates Motion to approve the 2021 proposed meeting dates for City Council & Committee Meetings. 4. Parks, Recreation and Tourism: Michelle Cooper Kelly, Chairperson City of Marietta Page 8 Printed on 12/8/2020 2:37:12PM CITY COUNCIL Meeting Agenda December 9, 2020 * 20200968 Marietta Arts Council Pedestrian Bridge Installation Extension Motion to approve the Marietta Arts Council to extend the two existing pedestrian bridge art installations located at N. Marietta Pkwy and S. Marietta Pkwy until April 30, 2021. 5. Personnel/Insurance: Cheryl Richardson, Chairperson * 20200951 Amending Consolidated Retirement Plan Motion to approve an ordinance removing the following clause from Article V, Section 9 of the Consolidated Retirement Plan: “In the event a participant is involuntarily terminated for reasons other than willful misconduct, he shall be eligible to retire at any time after attaining his early retirement date, provided he has at least 20 years of credited service on the date he terminates his employment.” Item forwarded for consideration by the Pension Board. Motion approved at the November 11, 2020, Pension Board meeting by a vote of 9-0-0. First Reading 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 9 Printed on 12/8/2020 2:37:12PM CITY COUNCIL Meeting Agenda December 9, 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. Second Reading City of Marietta Page 10 Printed on 12/8/2020 2:37:12PM CITY COUNCIL Meeting Agenda December 9, 2020 * 20200062 2011 SPLOST Project Budget Reallocation Motion to reallocate 2011 SPLOST Project Funds among previously approved 2011 SPLOST projects. * 20200063 2016 SPLOST Project Budget Reallocation Motion to reallocate 2016 SPLOST Project Funds among previously approved 2016 SPLOST projects. * 20200955 Henry Drive Speed Study Motion authorizing Public Works to conduct the speed study of Henry Drive, from Wright Street to 466 Henry Drive, to determine if traffic calming devices are needed. * 20200956 Herbert Drive Speed Study Motion authorizing Public Works to conduct the speed study of Herbert Drive, from Powers Ferry Road to Crestridge Drive, to determine if traffic calming devices are needed. * 20200957 Rigby Street 2nd Speed Study Motion authorizing Public Works to proceed with the Public Information Meeting for Traffic Calming devices on Rigby Street in accordance with the Speed Table Policy. * 20200958 Hampton Place Speed Limit Motion authorizing Public Works to lower the speed limit to 25 MPH on Hampton Place. * 20200965 Lakes of Stonegate Subdivision Traffic Calming Motion authorizing Public Works to proceed with the public information hearing for the speed table locations and a pedestrian crossing in the Lakes of Stonegate Subdivision. * 20200986 Roosevelt Circle and McIntosh Avenue Speed Study Motion authorizing Public Works to conduct the speed study of the Roosevelt Circle and McIntosh Avenue areas to determine if traffic calming devices are needed. City of Marietta Page 11 Printed on 12/8/2020 2:37:12PM CITY COUNCIL Meeting Agenda December 9, 2020 * 20200959 Aviation Road Utilities Motion authorizing variance from the underground utility’s ordinance allowing a new utility pole in the right-of-way at 311 Aviation 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. * 20200976 Intersection Improvements at the Intersection of Cobb Pkwy N (US41/SR3) and N Marietta Pkwy (SR120 ALT) (P.I. NO.: 0012607) Motion authorizing the city attorney to file quitclaim deeds showing a transfer of ownership of right-of-way and easements for the Intersection Improvements at the Intersection of Cobb Pkwy N and N Marietta Pkwy Project from the City of Marietta to the Georgia Department of Transportation (GDOT). * 20200974 2020 GDOT Roadside Enhancement and Beautification Council (REBC) Landscape Grant Award Motion to approve the 2020 REBC Landscape Grant Award Agreement, in the amount of $36,426.25, with the Georgia Department of Transportation (GDOT) to install landscaping at the intersection of South Marietta Parkway (SR 120) and Cobb Parkway (US 41). OTHER BUSINESS: * 20201016 FY2020 Budget Amendment TAD/CDBG Budget Motion to amend the FY2020 TAD Budget to recognize disbursement of excess funds to the County & Marietta City Schools System and to amend the CDBG Budget and Debt Service Fund to recognize additional expenses. 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. Requested by Council Member Reggie Copeland Council Member Joseph Goldstein Abstaining City of Marietta Page 12 Printed on 12/8/2020 2:37:12PM CITY COUNCIL Meeting Agenda December 9, 2020 * 20201026 Resolution Approving Partial Reimbursement Payments Motion to approve the attached “Resolution Approving Payments for Partial Reimbursement of Qualified Expenses Incurred by Eligible Employees as a result of the COVID-19 Pandemic.” 20201036 Tower Road Tract 3A and 3B for Legal Advertisement and Bids Motion to authorize and direct the Director of Public Works and the City Attorney to conduct the legal advertisements for the public sale of certain property within the City of Marietta. The process shall include the conducting of legal advertisements and bidding. The Director of Public Works is hereby authorized to establish a minimum price of such property and to implement any other matters required by State law or beneficial to the City of Marietta. Any and all bids shall be returned to the Mayor and Council for final review following a public hearing on this matter. This motion applies to Tract 3A and Tract 3B adjacent to Tower Road. A copy of the description of such property is on file with the Public Works Department. 20201037 Washington Avenue Alley for Legal Advertisement and Bids Motion to authorize and direct the Director of Public Works and the City Attorney to conduct the legal advertisements for the public sale of certain property within the City of Marietta. The process shall include the conducting of legal advertisements and bidding. The Director of Public Works is hereby authorized to establish a minimum price of such property and to implement any other matters required by State law or beneficial to the City of Marietta. Any and all bids shall be returned to the Mayor and Council for final review following a public hearing on this matter. This motion applies to a portion of a 10-foot alley adjacent to Washington Avenue which adjoins property owned by Oakmont Builders, Inc. in Land Lots 1213 & 1236 of the 16th District, 2nd Section of Cobb County, Georgia. A copy of the description of such property is on file with the Public Works Department. * 20201005 BLW Actions of December 7, 2020 Review and approval of the December 7, 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 13 Printed on 12/8/2020 2:37:12PM CITY COUNCIL Meeting Agenda December 9, 2020 City of Marietta Page 14 Printed on 12/8/2020 2:37:12PM