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, April 12, 2023 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Johnny Walker - Ward 3 PLEDGE OF ALLEGIANCE: PRESENTATIONS: 20230322 Marietta Police Officers Recognition of the newest officers to the Marietta Police Department: Officer Caleb Childs Officer Dwayne Presswood Officer Alex Walters Officer Aaron Wright K-9 Officer Barney with his handler Officer Paul Hill 20230345 Mount Paran Varsity Girls Volleyball Presentation by Mayor Tumlin and Council Member Andy Morris to Coach Selina Chancy and the Mount Paran Varsity Girls Volleyball team on winning the State Championship. City of Marietta Page 1 Printed on 4/11/2023 2:46:21PM CITY COUNCIL Meeting Agenda April 12, 2023 20230347 Mount Paran Varsity Girls Basketball Presentation by Mayor Tumlin and Council Member Andy Morris to Coach Stephanie Dunn and the Mount Paran Varsity Girls Basketball team on winning the State Championship. PROCLAMATIONS: 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. 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: * 20230311 Regular Meeting - March 8, 2023 Review and approval of the March 8, 2023 regular meeting minutes. * 20230324 Special Meeting - March 29, 2023 Review and approval of the March 29, 2023 special meeting minutes. MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: * 20230343 Board of Lights and Water (BLW) Board Appointment Reappointment of Bruce E. Coyle to the Board of Lights and Water (BLW) Board for a four (4) year term, effective May 8, 2023 and expiring May 12, 2027. ORDINANCES: City of Marietta Page 2 Printed on 4/11/2023 2:46:21PM CITY COUNCIL Meeting Agenda April 12, 2023 20230102 Z2023-04 [REZONING] TOTAL PROPERTY ADVISORS, LLC. Z2023-04 [REZONING] TOTAL PROPERTY ADVISORS, LLC. is requesting the rezoning of 10.05 acres located in Land Lot 138, District 17, Parcel 0030 of the 2nd Section, Cobb County, Georgia, and being known as 400 Booth Road from R-2 (Single Family Residential - 2 units/acre) to PRD-SF (Planned Residential Development - Single Family Residential). Ward 3B. Planning Commission recommends Approval as Stipulated Mr. McClure made a motion, seconded by Mr. Anderson, to recommend approval of the request as stipulated. The motion carried with a vote of 4-2-0. Ms. McCrae and Mr. Hunter opposed. Should council approve the request, the following variances and stipulation would be incorporated as condition of zoning: Variances: 1) Variance to waive the Purpose and Intent of the PRD SF district [§708.09 (A)] 2) Variance not to extend or connect a new street to an existing street. [§716.03 (B)] 3) Variance to allow proposed street not to extend to the boundary line of the tract in order to provide normal circulation of traffic within the vicinity. [§730.01 (B)] 4) Variance to allow a cul de sac road to exceed 700 feet in length. [§730.01 (E)] Stipulation: 1) Letter of stipulations and conditions from Mr. Parks Huff of Sams, Larkin and Huff, LLP., to Mr. Rusty Roth, City of Marietta Director of Development Services dated March 29, 2023. Public Hearing (all parties sworn in) City of Marietta Page 3 Printed on 4/11/2023 2:46:21PM CITY COUNCIL Meeting Agenda April 12, 2023 20230139 Z2023-05 [REZONING] WC ACQUISITIONS, LLC. Z2023-05 [REZONING] WC ACQUISITIONS, LLC. is requesting the rezoning of 4.78 acres located in Land Lot 925, District 17, Parcel 0290 of the 2nd Section, Cobb County, Georgia, and being known as 1122 Powers Ferry Road from CRC (Community Retail Commercial) to MXD (Mixed Use Development). Ward 7A. Planning Commission recommends Approval as Stipulated Mr. Diffley made a motion, seconded by Mr. Hunter, to recommend approval of the request as stipulated. The motion carried with a vote of 6-0-0. Should council approve the request, the following variances and stipulation would be incorporated as condition of zoning: Variance: 1) Variance to reduce the minimum tract size in MXD from 5 acres to 4.7841 acres (Section 708.20 H). Stipulation: 1) Letter of stipulations and conditions from Mr. Garvis Sams, Jr. of Sams, Larkin and Huff, LLP., to Mr. Rusty Roth, City of Marietta Director of Development Services dated March 8, 2023. Public Hearing (all parties sworn in) RESOLUTIONS: CITY ATTORNEY'S REPORT: * 20230279 Denial of Claim Denial of Claim for Barry Hamby. * 20230333 Denial of Claim Denial of Claim for Ava Jones. CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: City of Marietta Page 4 Printed on 4/11/2023 2:46:21PM CITY COUNCIL Meeting Agenda April 12, 2023 1. Economic/Community Development: Andre L. Sims, Chairperson * 20230280 PY2023-2027 Consolidated Plan Motion to approve the CDBG PY2023-2027 Consolidated Plan, which includes the PY2023 Annual Action Plan and PY2023-2027 Citizen Participation Plan. 2. Finance/Investment: Joseph R. Goldstein, Chairperson * 20230276 Tree Preservation Fund (Roper Laser Co., Inc.) Motion to approve an Ordinance for an amendment to the Fiscal Year 2023 Tree Preservation Fund Budget to receive and appropriate a payment of $990.00 for tree removal at 1171 South Marietta Parkway. 3. Judicial/Legislative: G. A. (Andy) Morris, Chairperson * 20230275 Code Amendment - Section 714.04, Fences and walls Motion to authorize staff to advertise a code amendment for Section 714.04, Fences and walls. * 20230304 Zoning Waiting Period - 750 James St & 630 Tower Road Motion to waive the 6-month waiting period established by §722.01 (B) to allow a second rezoning request to be submitted for 750 James Street and 630 Tower Road. This property was rezoned from R-2 to RA-8 on January 11, 2023 per Z2023-02 (#20221089). * 20230287 Marietta History Center’s Collection Motion approving the request from the Marietta History Center for the permanent removal of items from its collection. City of Marietta Page 5 Printed on 4/11/2023 2:46:21PM CITY COUNCIL Meeting Agenda April 12, 2023 20230325 Moratorium for Apartments/Multifamily Motion to approve a six-month moratorium on apartments/multifamily dwellings to allow for a study to be conducted regarding the appropriate zoning category and direct staff to develop definitions and conditions upon which the moratorium should stay in effect and/or expire. Further, authorizing staff to obtain a consultant to conduct the study if needed. Public Hearing (all parties sworn in) 4. Parks, Recreation and Tourism: Johnny Walker, Chairperson * 20230278 Resolution to approve a Land and Water Conservation Fund Grant Pre-Application A motion adopting a resolution authorizing the submittal of a 2023 LWCF pre-application to the DNR seeking a grant award of $500,000 for improvements to West Dixie Park with a commitment to fund the remainder of the $1.2 million project if the grant is awarded. * 20230288 Marietta Arts Council Requests for TrailFest 2023 Motion to approve the requests from the Marietta Arts Council to utilize city property for the 2023 TrailFest event, including the addition of Monarch Park instead of Brown Park and the installation of colored Lucite panels on the pedestrian bridge crossing the South 120 Loop without any wording. 5. Personnel/Insurance: Cheryl Richardson, Chairperson 6. Public Safety Committee: M. Carlyle Kent, Chairperson * 20230270 Marietta Police Department Crisis Response Facility Canine Program Motion to approve an Agreement between Marietta City Schools and the City of Marietta regarding Policies and Procedures (SOP# C023) within the Marietta Police Department Crisis Response Facility Canine Program. 7. Public Works Committee: Grif Chalfant, Chairperson City of Marietta Page 6 Printed on 4/11/2023 2:46:21PM CITY COUNCIL Meeting Agenda April 12, 2023 * 20230285 Ramona Street On-Street Parking Motion authorizing a no parking zone to be installed along the north sidewalk side of Ramona Street from Fairground Street to Allgood Road with an estimated cost of $500.00. Ward 4B. * 20230286 Donation of Right-of-Way Motion authorizing the Public Works to receive the donation of right-of-way located at 362 Lawrence Street per the Quitclaim Deed from TD Property Rentals1 LLC. Ward 5A. OTHER BUSINESS: 20230253 V2023-07 [VARIANCE] MARIETTA FIRE DEPARTMENT V2023-07 [VARIANCE] MARIETTA FIRE DEPARTMENT is requesting variances for property zoned LI (Light Industrial), located in Land Lot 876, District 16, Parcel 0030, 2nd Section, Marietta, Cobb County, Georgia, and being known as 850 Sawyer Road. Variance to increase the allowable building height from 50’ to 65’; variance to allow metal siding on building facades visible from an arterial or collector roadway; variance to allow wall signage cover more than 15% of the wall face. Ward 6B. Public Hearing (all parties sworn in) * 20230344 City of Marietta Opioid Settlement - Publix Motion to approve a Resolution to accept the statewide settlement with Publix concerning the National Prescription Opioid Litigation in the amount of $73,077.00. * 20230312 BLW Actions of April 10, 2023 Review and approval of the March 10, 2023 actions and minutes of the 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 7 Printed on 4/11/2023 2:46:21PM CITY COUNCIL Meeting Agenda April 12, 2023 City of Marietta Page 8 Printed on 4/11/2023 2:46:21PM