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, April 14, 2021 7:00 PM Council Chamber DRAFT CALL TO ORDER: INVOCATION: Council Member Cheryl Richardson, Ward 1 PLEDGE OF ALLEGIANCE: PRESENTATIONS: 20210283 Marietta High School Varsity Girls Basketball Team Recognition of the Marietta High School Girls Basketball Team to celebrate their win to be the State Champions. 20210284 Marietta Police Officers Recognition of the newest officers to the Marietta Police Department: Officer Elizabeth Hilton & Officer Sarah Youngblood PROCLAMATIONS: City of Marietta Page 1 Printed on 4/9/2021 3:05:47PM CITY COUNCIL Meeting Agenda April 14, 2021 20210275 Building Safety Month Proclamation presented to Tim Forbes, Deputy Director Engineering/Inspections, Building Official, in observance of Building Safety Month. Americans are asked to consider projects to improve building safety and sustainability at home and in the community, and to acknowledge the essential service provided to all of us by local and state building departments, fire prevention bureaus, and federal agencies in protecting lives and property. The City of Marietta hereby proclaims the month of May 2021 as Building Safety Month. ANNOUNCEMENTS OF GENERAL COMMUNITY INFORMATION BY THE MAYOR, COUNCIL AND/OR CITY MANAGER: SCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes, for a combined total of 20 minutes. 20210242 Scheduled Appearance Scheduled Appearance - Brian Peters 20210336 Scheduled Appearance Scheduled Appearance - Ron Remillard 20210338 Scheduled Appearance Scheduled Appearance - Donald Barth 20210337 Scheduled Appearance Scheduled Appearance - George Bentley 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: City of Marietta Page 2 Printed on 4/9/2021 3:05:47PM CITY COUNCIL Meeting Agenda April 14, 2021 20210313 Regular Meeting - March 10, 2021 Review and approval of the March 10, 2021 regular meeting minutes. MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: ORDINANCES: City of Marietta Page 3 Printed on 4/9/2021 3:05:47PM CITY COUNCIL Meeting Agenda April 14, 2021 20200890 Z2020-34 [REZONING] NEXUS MARIETTA, LLC Z2020-34 [REZONING] NEXUS MARIETTA LLC is requesting the rezoning of 16.82 acres located in Land Lot 649, District 17, Parcels 0390, 0380, 0370, 0210, 0990, 0220, 0360, 0230, 0350, 0240, 1580, 1440, 0270, 1590, 0030; Land Lot 648, District 17, Parcel 0790; Land Lot 650, District 17, Parcels 0610 & 0620; and Land Lot 647, District 17, Parcel 0020 of the 2nd Section, Cobb County, Georgia, and being known as 350 Virginia Place; 411, 417, 420, 421, 430, 431, 440, 441, 450, 456, 460, 464, 470, 500, 506, 510, 520, & 524 Meadowbrook Drive from CRC (Community Retail Commercial) and RRC (Regional Retail Commercial) to MXD (Mixed Use Development). Ward 6A. The Planning Commission recommends Denial. Mr. Kevin Moore, Esq., for the Applicant, requested to table this request in order that Public Works would have more time to review the newly received traffic study. The public hearing was held. Mr. Diffley made a motion, seconded by Ms. McCrae to deny the request to table. The motion carried 4-2-0. Chairman Kinney, Mr. Diffley, Mr. Hunter and Ms. McCrae voted in favor of denial. Mr. Anderson and Mr. Davis voted against. Mr. McClure was not present for the vote. Mr. Diffley made a second motion, seconded by Mr. Hunter to recommend denial. 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 from Moore, Ingram, Johnson & Steele, to Shelby Little, Planning & Zoning Manager, for the City of Marietta, dated February 1, 2021. Public Hearing (all parties are sworn in) City of Marietta Page 4 Printed on 4/9/2021 3:05:47PM CITY COUNCIL Meeting Agenda April 14, 2021 20200891 Z2020-35 [REZONING] NEXUS MARIETTA, LLC Z2020-35 [REZONING] NEXUS MARIETTA, LLC is requesting the rezoning of 29.76 acres located in Land Lot 1281, District 16, Parcels 0700, 0720, 0730, 0740, 0750, 0760; Land Lot 1280, District 16, Parcels 0050, 0070, 0080; Land Lot 577, District 17, Parcel 0020; Land Lot 648, District 17, Parcels 0310, 0340, 0320, 0350, 0800, 0370, 0380, 0520, 0540, 0570, 0330, 0530 of the 2nd Section, Cobb County, Georgia, and being known as 1438, 1454, 1462, 1470, 1480, 1486, 1496 Blanche Drive; 1532 & 1554 Blanche Court; 1651, 1663, 1664, 1665, 1680, 1690, 1696, & 1706 Crestridge Drive; 218, 222, 224, & 226 Herbert Drive; and 382 Scott Drive from R-2 (Single Family Residential - 2 units/acre, R-4 (Single Family Residential - 4 units/acre), and RRC (Regional Retail Commercial) to PRD-SF (Planned Residential Development - Single Family). Ward 7A. The Planning Commission recommends Denial. Mr. Kevin Moore, Esq., for the Applicant, requested to table this request in order to allow completion of the traffic study. The Board Members moved forward with the public hearing. A public hearing was held. Mr. Diffley made a motion, seconded by Mr. McClure to recommend denial. The motion carried 7-0-0. If Council approves the rezoning, the following variances would be incorporated as conditions of zoning: 1. Variance to reduce the minimum lot size from 4,000 sq. ft. to the individual unit’s building footprint. [§708.09 (H)] 2. Variance to allow the proposed 156 single family units to be accessed off local streets as shown on submitted plan. [§730.01 (A)] 3. Variance to reduce the width of a private alley for two-way travel along Lots 7 - 10 from 20 ft. to 16 ft. [§716.06 (B)]. Public Hearing (all parties are sworn in) City of Marietta Page 5 Printed on 4/9/2021 3:05:47PM CITY COUNCIL Meeting Agenda April 14, 2021 20210211 Z2021-05 [REZONING/SPECIAL LAND USE PERMIT] LLOYD NAWROCKI Z2021-05 [REZONING/SPECIAL LAND USE PERMIT] LLOYD NAWROCKI is requesting the rezoning and Special Land Use Permit for 0.64 acres located in Land Lot 504, District 17, Parcel 0870, 2nd Section, Marietta, Cobb County, Georgia, and being known as 340 Lockheed Avenue from OI (Office Institutional) and CRC (Community Retail Commercial) to OI (Office Institutional) with a Special Land Use Permit for a halfway house. Ward 1A. The Planning Commission recommends Approval as Stipulated. Mr. Davis made a motion, seconded by Mr. Diffley to recommend approval as stipulated. The motion carried 4-0-0. If Council approves the rezoning and Special Land Use Permit, the following stipulation would be incorporated as conditions of zoning: The following stipulation is incorporated as conditions of zoning: 1. The Special Land Use Permit for a halfway house/drug abuse treatment center (inpatient) shall have a 3-year time limit. Public Hearing (all parties are sworn in) 20210188 Z2021-07 [REZONING] PARIN CHHEDA (MARGARET ELIZABETH WOODY) Z2021-07 [REZONING] PARIN CHHEDA (MARGARET ELIZABETH WOODY) are requesting the rezoning of 0.4 acres located in Land Lot 1074, District 16, Parcel 0170 of the 2nd Section, Cobb County, Georgia, and being known as 91 Margaret Avenue from OI (Office Institutional) to OI (Office Institutional) with an additional use as a motel. Ward 4B. The Planning Commission recommends Approval. Mr. Diffley made a motion, seconded by Ms. McCrae to recommend approval as submitted. The motion carried 4-0-0. If Council approves the rezoning, the following variances would be incorporated as conditions of zoning: 1. Variance to allow a hotel/motel to be established within 300 feet of any property zoned for residential use. [§708.23 (B.13)] Public Hearing (all parties sworn in) City of Marietta Page 6 Printed on 4/9/2021 3:05:47PM CITY COUNCIL Meeting Agenda April 14, 2021 RESOLUTIONS: CITY ATTORNEY'S REPORT: 20210296 Denial of Claim Denial of Claim for Cornelius Baldwin. CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: 1. Economic/Community Development: Johnny Walker, Chairperson * 20210273 CDBG PY2021 Annual Action Plan Motion to approve the Community Development Block Grant Program (CDBG) Annual Action Plan for Program Year 2021. 2. Finance/Investment: Joseph R. Goldstein, Chairperson 3. Judicial/Legislative: G. A. (Andy) Morris, Chairperson 20210152 Marietta Police Department Ordinance Amendment Motion approving an ordinance amending the Marietta City Code 9-12-010, 9-12-020, 9-12-025, and 9-12-060 of the Chapter 9-12, “Removal and Storage of Vehicles” for the Marietta Police Department. Second Reading 20210186 Ordinance Regarding Street Racing Motion to adopt an Ordinance for the Marietta Police Department to regulate and prohibit street racing on our streets, public property, and private parking lots. Second Reading City of Marietta Page 7 Printed on 4/9/2021 3:05:47PM CITY COUNCIL Meeting Agenda April 14, 2021 * 20210253 Marietta Museum of History’s Collection Motion approving the request from the Marietta Museum of History for the permanent removal of items from its collection. * 20210241 Board of Elections and Registration Contract Motion to approve a contract between the City of Marietta and the Cobb County Board of Elections and Registration in order to carry out the General Election to be conducted on November 2, 2021. * 20210243 Board of Education 2021 General Election Motion to approve a contract with the Marietta Board of Education regarding the conduct of the November 2, 2021 General Election and related expenses. * 20210259 Parking Warning Sign Motion to approve removing the parking warning sign on Anderson Street as requested by the DMDA. * 20210178 Proposed Changes to Sect. 710.7, Sect. 710.08, and Sect. 716.08 Motion to advertise proposed changes to Sect. 710.07 - Storage; Sect. 710.08 - Bulk sanitation containers, temporary bulk waste containers, and donation boxes; and Sect. 716.08 - Surface parking standards. * 20210278 Modification of Zoning Stipulation (Z-9827) - 1481 Lynchburg Place Motion to approve the modification of a zoning stipulation from Z-9827 for East Park/Olde Lexington. This modification would allow the homeowner at 1481 Lynchburg Place to disturb the natural 10’ buffer against Brentwood Subdivision in order to construct a retaining wall for drainage and erosion purposes, according to the attached plan. * 20210280 Preliminary Plat - 1040 Westborough Road Motion to approve the preliminary plat for the 14 townhomes proposed for 1040 Westborough Road, zoned RM-8 per Z2020-31. 4. Parks, Recreation and Tourism: Michelle Cooper Kelly, Chairperson City of Marietta Page 8 Printed on 4/9/2021 3:05:47PM CITY COUNCIL Meeting Agenda April 14, 2021 * 20210285 Marietta Arts Council Request for Art Installation Motion to approve the installation of an art gallery along the fence adjacent to the M2R Trail by the Marietta Arts Council from May 6 to July 12, 2021. 5. Personnel/Insurance: Cheryl Richardson, Chairperson * 20210274 2021 Flexible Benefit Plan Updates Motion approving updates to the 2021 Flexible Benefit Plan and Summary Plan Description based on recent changes to federal law. 6. Public Safety Committee: Reggie Copeland, Chairperson 7. Public Works Committee: Grif Chalfant, Chairperson * 20210263 Aviation Road Speed Study Motion authorizing Public Works to conduct the speed study of Aviation Road from South Marietta Parkway to Roswell Street to determine if traffic calming devices are needed. * 20210264 Freyer Drive Traffic Calming Motion authorizing Public Works to proceed with another speed study once the Seminole Drive Streetscape Project has been completed to determine if traffic calming measures on Freyer Drive are warranted. * 20210270 Manning Road Utilities Motion authorizing a variance from the Underground Utilities ordinance to allow the installation of fiber to be over lashed on existing fiber and requiring the removal of all duplicate utility poles that are no longer in use by AT&T along Manning Road from Wilson Circle to Manning Villas Drive. This motion does not grant a perpetual variance. AT&T must relocate underground at their expense if other utilities at the location are moved underground. Council Member Goldstein discloses that he and Philip M. Goldstein combined own more than $10,000 of stock in AT&T. Philip M. Goldstein is the father of Council Member Goldstein. City of Marietta Page 9 Printed on 4/9/2021 3:05:47PM CITY COUNCIL Meeting Agenda April 14, 2021 * 20210265 AT&T Utilities - 1GW48037N Motion authorizing a variance from the Underground Utilities ordinance to allow the installation of fiber to be over lashed on existing fiber and requiring the removal of all duplicate utility poles that are no longer in use by AT&T along Cherokee Street, Chicopee Drive, Seminole Drive, Freyer Drive, Etowah Drive, Chicasaw Drive, Kennestone Drive, Sequoia Drive, Iroquois Drive, Mohawk Drive, Apache Trail, and Kiowa Drive. This motion does not grant a perpetual variance. AT&T must relocate underground at their expense if other utilities at these locations are moved underground. Council Member Goldstein discloses that he and Philip M. Goldstein combined own more than $10,000 of stock in AT&T. Philip M. Goldstein is the father of Council Member Goldstein. * 20210266 AT&T Utilities - 1GW48038N-A Motion authorizing a variance from the Underground Utilities ordinance to allow the installation of fiber to be over lashed on existing fiber and requiring the removal of all duplicate utility poles that are no longer in use by AT&T along Barnes Mill Road, Baker Lane, Albert Drive, Bonnie Dell Drive, Mountain View Drive, and Rosalyn Drive. This motion does not grant a perpetual variance. AT&T must relocate underground at their expense if other utilities at these locations are moved underground. Council Member Goldstein discloses that he and Philip M. Goldstein combined own more than $10,000 of stock in AT&T. Philip M. Goldstein is the father of Council Member Goldstein. * 20210267 AT&T Utilities - 1GW48038N-B Motion authorizing a variance from the Underground Utilities ordinance to allow the installation of fiber to be over lashed on existing fiber and requiring the removal of all duplicate utility poles that are no longer in use by AT&T along Beech Street, Burbank Circle, Aleamo Drive, Wallace Road, Lakeview Drive, Andrews Drive, North Marietta Parkway, Dot Street, and Carolyn Street. This motion does not grant a perpetual variance. AT&T must relocate underground at their expense if other utilities at these locations are moved underground. Council Member Goldstein discloses that he and Philip M. Goldstein combined own more than $10,000 of stock in AT&T. Philip M. Goldstein is the father of Council Member Goldstein. City of Marietta Page 10 Printed on 4/9/2021 3:05:47PM CITY COUNCIL Meeting Agenda April 14, 2021 * 20210268 AT&T Utilities - 1GW48039N-A Motion authorizing a variance from the Underground Utilities ordinance to allow the installation of fiber to be over lashed on existing fiber and requiring the removal of all duplicate utility poles that are no longer in use by AT&T along Kirkpatrick Drive, Hillandale Circle, Merrydale Drive, Brookwood Drive, Columbia Drive, and Normandy Drive. This motion does not grant a perpetual variance. AT&T must relocate underground at their expense if other utilities at these locations are moved underground. Council Member Goldstein discloses that he and Philip M. Goldstein combined own more than $10,000 of stock in AT&T. Philip M. Goldstein is the father of Council Member Goldstein. * 20210269 AT&T Utilities - 1GW48039N-B Motion authorizing a variance from the Underground Utilities ordinance to allow the installation of fiber to be over lashed on existing fiber and requiring the removal of all duplicate utility poles that are no longer in use by AT&T along Walnut Drive, Hemlock Drive, Holly Drive, Wisteria Drive, Bouldercrest Drive, Banks Street, Hickory Drive, and Woodvalley Drive. This motion does not grant a perpetual variance. AT&T must relocate underground at their expense if other utilities at these locations are moved underground. Council Member Goldstein discloses that he and Philip M. Goldstein combined own more than $10,000 of stock in AT&T. Philip M. Goldstein is the father of Council Member Goldstein. OTHER BUSINESS: 20210189 V2021-18 [VARIANCE] ROSENT HOLDING COMPANY V2021-18 [VARIANCE] ROSENT HOLDING COMPANY LLC is requesting variances for property located in Land Lot 854, District 16, Parcel 0090, 2nd Section of Cobb County, Marietta, Georgia and being known as 629 Collins Road. Ward 6B. 1. Variance to modify conditions established under V2019-07 and Z2017-22. 2. Variance to allow the use of gravel as an allowable parking surface. [§716.08] Public Hearing (All parties are sworn in) City of Marietta Page 11 Printed on 4/9/2021 3:05:47PM CITY COUNCIL Meeting Agenda April 14, 2021 20210244 V2021-19 [VARIANCE] PEACHTREE ASSET MANAGEMENT, LLC V2021-19 [VARIANCE] PEACHTREE ASSET MANAGEMENT is requesting a variance for property located in Land Lot 1237, District 16, Parcel 0330, 2nd Section of Cobb County, Marietta, Georgia and being known as 994 Roswell Street. Ward 7A. Variance: 1. Variance to allow a gravel as a temporary parking and driving surface in the Commercial Corridor Design Overlay - Tier A. Public Hearing (All parties are sworn in) 20210335 942 Roswell Street Motion authorizing the advertisement for sale of 942 Roswell Street. 20210314 BLW Actions of April 12, 2021 Review and approval of the April 12, 2021 actions and minutes of Marietta Board of Lights and Water. UNSCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes, for a combined total of 30 minutes. ADJOURNMENT: City of Marietta Page 12 Printed on 4/9/2021 3:05:47PM