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 Andy Morris, Ward 4 M. Carlyle Kent, Ward 5 Andre L. Sims, Ward 6 Joseph R. Goldstein, Ward 7 Wednesday, July 13, 2022 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Cheryl Richardson, Ward 1 PLEDGE OF ALLEGIANCE: PRESENTATIONS: PROCLAMATIONS: 20220636 Parks and Recreation Month Recognition of a Proclamation declaring July 2022 as "Parks and Recreation Month" in the City of Marietta and encouraging all citizens to enjoy what their community has to offer by taking part in their favorite sports, visiting the outdoors and spending time with friends and family. Presented by Council Member Johnny Walker 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. City of Marietta Page 1 Printed on 7/13/2022 10:35:11AM CITY COUNCIL Meeting Agenda July 13, 2022 20220645 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: * 20220648 Regular Meeting - June 8, 2022 Review and approval of the June 8, 2022 regular meeting minutes. * 20220649 Executive Session Minutes Review and approval of the following executive session minutes: September 2, 2021Agenda Work Session September 28, 2021 Special Called Agenda Work Session November 8, 2021 Agenda Work Session November 10, 2021 Agenda Review Session MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: ORDINANCES: City of Marietta Page 2 Printed on 7/13/2022 10:35:11AM CITY COUNCIL Meeting Agenda July 13, 2022 20220386 Z2022-14 [REZONING] SILVIO S. GOMES Z2022-14 [REZONING] SILVIO S. GOMES is requesting the rezoning of 0.25 acres located in Land Lot 1242, District 16, Parcel 0870 of the 2nd Section, Cobb County, Georgia, and being known as 126 Hamby Road from CRC (Community Retail Commercial) to R-4 (Single Family Residential - 4 units/acre). Ward 7A. Planning Commission recommends Approval. A motion was made by Mr. Diffley, seconded by Mr. Hunter, to recommend approval as submitted. The motion carried 7-0-0. Public Hearing (all parties sworn in) 20220543 Z2022-16 [REZONING] ANDREW & LISA BUTLER Z2022-16 [REZONING] ANDREW & LISA BUTLER are requesting the rezoning of 0.449 acres located in Land Lot 1157, District 16, Parcel 0620 of the 2nd Section, Cobb County, Georgia, and being known as 194 Polk Street from R-4 (Single Family Residential - 4 units/acre) to R-4 (Single Family Residential - 4 units/acre) with a variance to increase the density to 4.5 units/acre. Ward 3A. Planning Commission recommends Approval with Stipulations. Mr. Anderson made a motion, seconded by Mr. Diffley, to recommend approval of the request as stipulated. The motion carried 7-0-0. If Council approves the rezoning, the following stipulations and variances would be incorporated as conditions of zoning: For the existing property at 194 Polk Street (built in 1940, to bring it up to code): · Variance to decrease major side yard setback from 25 ft. to 23 ft. [§708.04 (H)] · Variance to decrease minimum lot width from 75 ft. to 70 ft. [§708.04 (H)] For the new (as yet unaddressed lot): · Variance to decrease minimum lot width from 75 ft. to 70 ft. [§708.04 (H)] Public Hearing (all parties sworn in) City of Marietta Page 3 Printed on 7/13/2022 10:35:11AM CITY COUNCIL Meeting Agenda July 13, 2022 20220553 Z2022-17 [REZONING] HENNESSY AUTOMOBILE COMPANIES, INC. Z2022-17 [REZONING] HENNESSY AUTOMOBILE COMPANIES, INC., is requesting the rezoning of 13.25 acres located in Land Lots 804 & 852, District 17, Parcels 0180 & 0140 of the 2nd Section, Cobb County, Georgia, and being known as 2000 South Park Place and 2501 Windy Hill Road from OMR (Office Mid-Rise) in Cobb County and OI (Office Institutional) in the City to CRC (Community Retail Commercial) in the City of Marietta. Ward 7A. Planning Commission recommends Approval with Stipulations Mr. Diffley made a motion, seconded by Mr. Smith to recommend approval of the rezoning request. The motion carried 7-0-0. If Council approves the rezoning, the following stipulations would be incorporated as conditions of zoning: 1. Letter from Garvis L. Sams, Jr. of Sams, Larkin & Huff, LLP to Russell J. Roth, Director of Development Services for the City of Marietta, dated June 24th, 2022. 2. Letter from Garvis L. Sams, Jr. of Sams, Larkin & Huff, LLP to Russell J. Roth, Director of Development Services for the City of Marietta, dated June 29th, 2022. Public Hearing (all parties sworn in) 20220554 A2022-03 [ANNEXATION] HENNESSY AUTOMOBILE COMPANIES, INC. A2022-03 [ANNEXATION] HENNESSY AUTOMOBILE COMPANIES, INC., is requesting the annexation of property located in Land Lots 804 & 852, District 17, Parcel 0180 of the 2nd Section, Cobb County, Georgia and being known as 2000 South Park Place, consisting of approximately 10.4 acres, and all applicable right-of-way. Ward 7A. Planning Commission recommends Approval. Mr. Diffley made a motion, seconded by Mr. McClure, to recommend approval as submitted. The motion carried 7-0-0. Public Hearing (all parties sworn in) City of Marietta Page 4 Printed on 7/13/2022 10:35:11AM CITY COUNCIL Meeting Agenda July 13, 2022 20220555 CA2022-08 [CODE AMENDMENT] HENNESSY AUTOMOBILE COMPANIES, INC. CA2022-08 [CODE AMENDMENT] HENNESSY AUTOMOBILE COMPANIES, INC. In conjunction with the requested annexation of property located in located in Land Lots 804 & 852, District 17, Parcel 0180 of the 2nd Section, Cobb County, Georgia and being known as 2000 South Park Place, the City of Marietta proposes to designate the Future Land Use of said property as CAC (Community Activity Center). Ward 7A. Planning Commission Recommends Approval. Mr. Diffley made a motion, seconded by Mr. Hunter, to recommend approval as submitted. The motion carried 7-0-0. Public Hearing (all parties sworn in) 20220561 Z2022-18 [REZONING] ANTHONY K. CECIL II & JAMES C. CAMPBELL Z2022-18 [REZONING] ANTHONY K. CECIL II & JAMES C. CAMPBELL are requesting the rezoning of 0.29 acres located in Land Lot 1159, District 16, Parcel 0270 of the 2nd Section, Cobb County, Georgia, and being known as 192 Church Street from R-4(Single Family Residential - 4 units/acre) to CBD (Central Business District). Ward 3A. Planning Commission recommends Approval. Mr. McClure made a motion, seconded by Mr. Anderson, to recommend approval as written. The motion carried 7-0-0. Public Hearing (all parties are sworn in) Council Member Goldstein discloses that Cecil & Campbell Advisors, LLC leases space in a property owned by PMG 358 Roswell Street, LLC. Anthony K. Cecil II and James Campbell are the principals of Cecil & Campbell Advisors, LLC. Philip M. Goldstein owns PMG 358 Roswell Street, LLC. Philip M. Goldstein is the father of Council Member Goldstein. City of Marietta Page 5 Printed on 7/13/2022 10:35:11AM CITY COUNCIL Meeting Agenda July 13, 2022 20220312 CA2022-05 [CODE AMENDMENT] PROPOSAL TO AMEND THE COMPREHENSIVE DEVELOPMENT CODE CA2022-05 [CODE AMENDMENT] Proposal to amend the Comprehensive Development Code of the City of Marietta, Division 712.09 Commercial Corridor Design Overlay District. Planning Commission recommends Approval. Mr. Diffley made a motion, seconded by Mr. Hunter, to recommend approval as written. The motion carried 7-0-0. Public Hearing (all parties are sworn in) 20220313 CA2022-06 [CODE AMENDMENT] PROPOSAL TO AMEND COMPREHENSIVE DEVELOPMENT CODE. CA2022-06 [CODE AMENDMENT] Proposal to amend the Comprehensive Development Code of the City of Marietta, Division 708.15, Neighborhood Retail Commercial; Division 708.16, Community Retail Commercial; Division 708.17, Regional Retail Commercial; and Division 708.18, Central Business District regarding automobile sales, repairs, and other permitted uses. Planning Commission recommends Approval. Mr. McClure made a motion, seconded by Mr. Hunter, to recommend approval as written. The motion carried 7-0-0. Public Hearing (all parties are sworn in) RESOLUTIONS: CITY ATTORNEY'S REPORT: * 20220634 Denial of Claim Denial of Claim for Cristi Jones. * 20220635 Denial of Claim Denial of Claim for Evan Jones. City of Marietta Page 6 Printed on 7/13/2022 10:35:11AM CITY COUNCIL Meeting Agenda July 13, 2022 * 20220655 Denial of Claim Denial of Claim for Michael Graham. CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: 1. Economic/Community Development: Andre L. Sims, Chairperson 2. Finance/Investment: Joseph R. Goldstein, Chairperson 3. Judicial/Legislative: G. A. (Andy) Morris, Chairperson * 20220510 Code Amendment - Historic Preservation Ordinance Motion to adopt a revision to Article 7-8-8 regarding changes to neighbor notification procedures and the exemption of new accessory structures that are not visible from the public roadway from requiring a Certificate of Appropriateness. Second Reading * 20220511 Code Amendment - Removal and Storage of Vehicles Motion to approve a revision to Section 9-12-060 of the Marietta City Code, Notice to owner regarding removal of dismantled or junked vehicles from private property. Second Reading * 20220530 Ordinance Amendment - Massage Therapy Businesses Motion to approve the proposed amendment to Article 8-12-6 regarding Massage Therapy Businesses. Second Reading Council member Goldstein disclosed that a member of his family and/or an entity owned by a member of his family leases property to a massage therapy business. City of Marietta Page 7 Printed on 7/13/2022 10:35:11AM CITY COUNCIL Meeting Agenda July 13, 2022 20220632 Gas Marketing Motion to approve the advertisement and the holding of two public hearings to amend Section 5.2 of the Charter of the City of Marietta relating to Gas Marketing. 20220624 Final Plat - 1040 Westborough Road Motion to approve the final plat for fourteen (14) townhomes at the corner of Westborough Road and Polk Street Extension, to be known as Croft Townhomes (Z2020-31). 4. Parks, Recreation and Tourism: Johnny Walker, Chairperson 5. Personnel/Insurance: Cheryl Richardson, Chairperson 6. Public Safety Committee: M. Carlyle Kent, Chairperson 7. Public Works Committee: Grif Chalfant, Chairperson 20220616 Stewart Avenue Stop Sign Request Motion authorizing Public Works to convert the intersection of Stewart Avenue and Darien Way to a 3-way stop condition with pedestrian crosswalks with a total estimated cost of $1,500.00. Public Hearing * 20220617 Longwood Drive Speed Study Motion authorizing Public Works to conduct the speed study of Longwood Drive from Powder Springs Road to Bellemeade Drive to determine if traffic calming devices are needed. * 20220618 Heathersett Drive Speed Study Motion authorizing Public Works to conduct the speed study of Heathersett Drive from Chestnut Hill Road to Fairgate Road to determine if traffic calming devices are needed. City of Marietta Page 8 Printed on 7/13/2022 10:35:11AM CITY COUNCIL Meeting Agenda July 13, 2022 * 20220619 Allgood Road and Sawyer 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 where Comcast is “next to transfer” along Allgood Road and Sawyer Road from the utility pole at the corner of Sawyer Road and Allgood Road to the utility pole approximately 400 feet north on Allgood Road. This motion does not grant a perpetual variance. Comcast must relocate underground at their expense if other utilities at the location are moved underground. * 20220620 Cobb Parkway North Utilities Motion authorizing a variance from the Underground Utilities Ordinance to allow the installation of 6,763 feet of new fiber and over lash existing fiber and requiring the removal of all duplicate utility poles where Quanta Telecom Services is “next to transfer” along Cobb Parkway North from Bells Ferry Road to White Circle. This motion does not grant a perpetual variance. Quanta Telecom Services must relocate underground at their expense if other utilities at the location are moved underground. * 20220621 2022 Proposed SPLOST Intergovernmental Agreement for Joint Projects Motion to approve the Intergovernmental Agreement for the use and distribution of proceeds from the 2022 Special Purpose Local Option Sales Tax for Joint Projects, with the understanding that the total distribution to the City will be $3,000,000 for the projects listed in Exhibit A. 20220518 Public Works to Implement Changes to the Current Residential Sanitation Services in the City of Marietta Motion authorizing Public Works to proceed with the conversion of the current bi-weekly residential sanitation service to weekly curb side service with City of Marietta issued roll carts of various sizes; adjust the associated fees for each size of roll cart provided; purchase of the required roll carts and the necessary changes to the City of Marietta Sanitation Rules and Guidelines and the Solid Waste Ordinance to accommodate this change including allowances for individuals with mobility issues to receive back door service. This motion includes amending Chapter 5-8 (Solid Waste Collection and Disposal) of the city code. First Reading City of Marietta Page 9 Printed on 7/13/2022 10:35:11AM CITY COUNCIL Meeting Agenda July 13, 2022 20220644 Residential Recycling Collection Program in the City of Marietta Motion authorizing Public Works to proceed with keeping the Residential Recycling Collection Program, as is, and converting it to once-a-week pick up along with the sanitation collection schedule (Option D). Public Works will re-evaluate this program with the Mayor & Council in one (1) year. OTHER BUSINESS: 20220663 ARPA Funds for Roll Carts Motion to approve a budget amendment from the FY23 budget to utilize ARPA funds in the amount of $650,000 for acquisition of roll carts. * 20220664 1045 Cobb Parkway North Motion authorizing Public Works and the City Attorney to accept the received bid for $182,001.00 from Glory Haus Inc., Ms. Molly Holm, for parcel number 16100200010 located behind 1045 Cobb Parkway North, and for the City Attorney to proceed with the closing of the sale of the parcel, subject to the Mayor & Council approving the final sale contract. * 20220665 Quitclaim Deed for 942 Roswell Street Motion to approve Quitclaim Deed between Emily Matthews and Brennan Matthews, as Grantors, and City of Marietta, as Grantee, for the frontage of property known as 942 Roswell Street, Marietta, Georgia per the description in the Quitclaim Deed. * 20220666 Assumption of Obligations and Assignment of Right of First Refusal for 942 Roswell Street Motion to approve Assumption of Obligations and Assignment of Right of First Refusal between Emily Matthews and Brennan Matthews as Assignor, BESF, LLC, as Assignee, and the City of Marietta for property known as 942 Roswell Street, Marietta, Georgia. 20220667 Quitclaim Deed for 942 Roswell Street Motion to approve quitclaim deed between Emily Matthews and Brennan Matthews as Grantors, and BESF, LLC as Grantee, for property known as 942 Roswell Street, Marietta, Georgia. City of Marietta Page 10 Printed on 7/13/2022 10:35:11AM CITY COUNCIL Meeting Agenda July 13, 2022 UNSCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes, for a combined total of 30 minutes. ADJOURNMENT: City of Marietta Page 11 Printed on 7/13/2022 10:35:11AM