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, October 11, 2023 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Cheryl Richardson, Ward 1 PLEDGE OF ALLEGIANCE: PRESENTATIONS: 20230792 Hispanic Heritage Month Recognition of La Parrilla Mexican Restaurants for their contribution to their communities. Hispanic Heritage Month (HHM) takes place September 15 to October 15 every year as a time to recognize and celebrate the many contributions, diverse cultures, and extensive histories of the American Latino community. Presented by Council Member Cheryl Richardson 20230793 Park Street Poster Contest Presentation of the Park Street Poster Contest winners. Presented by Council Member Andy Morris City of Marietta Page 1 Printed on 10/10/2023 3:34:57PM CITY COUNCIL Meeting Agenda October 11, 2023 20230829 2023 Fire Prevention Week Poster Contest Presentation by the Marietta Fire Marshal’s Office recognizing the 2023 Fire Prevention Week Poster Contest winners from Marietta City Schools. Presented by Council Member Carlyle Kent 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. 20230863 Scheduled Appearance Scheduled Appearance - Morris Nix. 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: * 20230819 Regular Meeting - September 13, 2023 Review and approval of the September 13, 2023 regular meeting minutes. MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: * 20230814 Planning Commission Appointment (Ward 4) Reappointment of Byron “Tee” Anderson to the Planning Commission (Ward 4), for a three-year term expiring October 14, 2026. Byron “Tee” Anderson has been on the board since September 2017. City of Marietta Page 2 Printed on 10/10/2023 3:34:57PM CITY COUNCIL Meeting Agenda October 11, 2023 * 20230815 Planning Commission Appointment (Ward 5) Reappointment of Brenda McCrae to the Planning Commission (Ward 5), for a three-year term beginning immediately upon appointment and expiring October 14, 2026. Brenda McCrae has been on the board since December 11, 2013. * 20230816 Marietta Development Authority Appointment - Post 2 Reappointment of William Dunaway to the Marietta Development Authority (Post 2), for a term that expires October 13, 2025. ORDINANCES: 20230719 Z2023-21 [REZONING] FRANK KLIMES (CESAR AUTO REPAIRS, LLC.) Z2023-21 [REZONING] FRANK KLIMES (CESAR AUTO REPAIRS LLC) are requesting the rezoning of 0.38 acres located in Land Lot 1214, District 16, Parcel 0970 of the 2nd Section, Cobb County, Georgia, and being known as 733 Washington Avenue from CRC (Community Retail Commercial) to R-4 (Single-Family Residential - 4 units/acre). Ward 1A. Planning Commission recommends Approval Mr. Smith made a motion, seconded by Mr. Diffley, to recommend approval of the request as submitted. The motion carried with a vote of 7-0-0. Public Hearing (all parties sworn in) City of Marietta Page 3 Printed on 10/10/2023 3:34:57PM CITY COUNCIL Meeting Agenda October 11, 2023 20230724 Z2023-22 [REZONING] ROSENT HOLDING COMPANY, LLC. Z2023-22 [REZONING] ROSENT HOLDING COMPANY, LLC. is requesting the rezoning of 0.62 acres located in Land Lot 8540, District 16, Parcel 0080 of the 2nd Section, Cobb County, Georgia, and being known as 640 Collins Road from R-2 (Single-family Residential - 2units/acre) to LI (Light Industrial). Ward 6B. Planning Commission recommends Approval with Stipulation Mr. Diffley made a motion, seconded by Ms. McCrae, to recommend approval of the request as stipulated. The motion carried with a vote of 7-0-0. Stipulation: The Commission recommends not approving the following variance which would be incorporated as a condition of zoning should Council approve the request as submitted. 1.Variance to allow gravel as an acceptable parking surface (§716.08 A & B) Public Hearing (all parties sworn in) * 20230228 Z2023-06 [REZONING] WESTPLAN INVESTORS (MARIETTA CROSSING, LLC) Z2023-06 [REZONING] WESTPLAN INVESTORS (MARIETTA CROSSING, LLC) are requesting the rezoning of 19.25 acres located in Land Lots 1239 & 1240, 1281, & 1282 District 16, Parcels 0270, 0060, and 1310 of the 2nd Section, Cobb County, Georgia, and being known as 50 Powers Ferry Road; 2301 & 2315 Wylie Drive from MXD (Mixed Use Development) to MXD (Mixed Use Development). Ward 7A. Planning Commission recommends Approval Mr. Diffley made a motion, seconded by Mr. McClure, to recommend approval. The motion carried with a vote of 6-0-0. Public Hearing (all parties sworn in) Motion to table until November 8, 2023 City Council Meeting City of Marietta Page 4 Printed on 10/10/2023 3:34:57PM CITY COUNCIL Meeting Agenda October 11, 2023 20230367 CA2023-05 [CODE AMENDMENT] Comprehensive Development Code, Div. 708, Section 708.18, CBD, Central Business District. Proposal to amend the Comprehensive Development Code of the City of Marietta, Division 708, District Standards and Permitted Uses, Section 708.18, CBD, Central Business District. Council Member Goldstein disclosed that he, his members of his family and/or entities that he and/or his family members own property in the Central Business District (CBD). Planning Commission recommends Approval Mr. Diffley made a motion, seconded by Mr. Hunter, to recommend approval of the proposed amendment. The motion carried with a vote of 7-0-0. Public Hearing (all parties sworn in) RESOLUTIONS: CITY ATTORNEY'S REPORT: CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: 1. Economic/Community Development: Andre L. Sims, Chairperson 2. Finance/Investment: Joseph R. Goldstein, Chairperson * 20230805 Tree Preservation Fund (Caliber Car Wash) Motion to approve an Ordinance for an amendment to the Fiscal Year 2024 Tree Preservation Fund Budget to receive and appropriate a payment of $1,430.00 for construction activity at 1090 Hagood Circle. 3. Judicial/Legislative: G. A. (Andy) Morris, Chairperson City of Marietta Page 5 Printed on 10/10/2023 3:34:57PM CITY COUNCIL Meeting Agenda October 11, 2023 20230584 Charter Amendment to Section 3.3 Motion to amend City of Marietta Charter Section 3.3 to adopt a new ward boundary map pursuant to the 2020 decennial census. Second Reading Public Hearing (all parties sworn in) * 20230812 Revised Detailed Plan - Mirus Motion to approve a revised detailed plan for 550 Franklin Gateway with the following conditions: 1. Site will comply with the Tree Protection and Landscaping ordinance (§712.08). 2. Approval applies to Phase 1 only. Plans for any future expansion must be submitted to City Council for review and approval. * 20230807 Final Plat - Bluffs at Bells Ferry Motion to approve the final plat for the Bluffs at Bells Ferry, a 53-unit townhome community with private streets that was annexed and rezoned to MXD (Mixed Use Development) per Z2022-05. 20230809 Detailed Plan - Roselane Street Townhomes Motion to approve the detailed plan for 22 townhomes at 369, 371, 375, 377, 379, 383 & 385 Roselane Street, zoned PRD-SF (Z2017-21). 4. Parks, Recreation and Tourism: Johnny Walker, Chairperson * 20230808 Cherokee Heights Arts Festival Request for City Sanctioning A Motion Approving the Cherokee Heights Arts Festival November 11, 2023 as a City Sanctioned Event to Allow Alcohol Sales and Consumption on Etowah Drive Between Freyer and Seminole between 9 am and 4 pm. * 20230810 Merritt Road Landfill (Rebel Ridge Greenspace) Motion to approve the resolution in support of the 2023-2024 Georgia Outdoor Stewardship Program Grant application seeking funding of $3,000,000 for the capping and redevelopment of the Merritt Road inert landfill to an outdoor recreation use with a commitment of local matching funds of $1,005,350 (25.1%) if selected. City of Marietta Page 6 Printed on 10/10/2023 3:34:57PM CITY COUNCIL Meeting Agenda October 11, 2023 5. Personnel/Insurance: Cheryl Richardson, Chairperson 6. Public Safety Committee: M. Carlyle Kent, Chairperson 7. Public Works Committee: Grif Chalfant, Chairperson * 20230737 Proposed Code Addition to the Water Use Ordinance for Water Efficiency Code Requirements Motion for the City of Marietta to adopt Section 6-8-3 for the Water Efficiency Code Requirements as mandated by the State. Second Reading 20230802 Canton Road Speed Limit Adjustment Motion authorizing Public Works to lower the speed limit to 35 MPH on Canton Road, from Cherokee Street to Elizabeth Street, and to post the speed limit of 25 MPH on Whitcher Street, from Church Street to Campbell Hill Street, and Cherry Street, from Cherokee Street to Church Street, with an estimated cost of $2000.00. Wards 4B & 5B Public Hearing Required 20230813 Proposed Code Amendment to the Floodplain Management/Flood Damage Prevention Ordinance Motion for the City of Marietta to adopt the revision to Section 7-8-10-050 - Floodplain Management/Flood Damage Prevention Ordinance. First Reading OTHER BUSINESS: 20230866 Appeal Hearing Requested by Phillip Gerjoi, WAC Body Shop LLC In consideration of an appeal by Phillip Gerjoi against the denial of a business license for the WAC Body Shop, LLC. City of Marietta Page 7 Printed on 10/10/2023 3:34:57PM CITY COUNCIL Meeting Agenda October 11, 2023 * 20230864 Edward Byrne Memorial Grant Award Motion to approve an Ordinance amending the Fiscal Year 2023 Grant Fund for the Marietta Police Department to receive and appropriate a grant for the Edward Byrne Grant Award from the Department of Justice for $27,717.00 to purchase general equipment. * 20230862 Georgia Recreational Trails Program Grant Funding Request Motion to authorize Public Works to submit an application for the 2023 Recreational Grants Program for the East Dixie Avenue Trail project. * 20230840 MEAG Power 2024 Sale of Excess Reserve Capacity - City of Oxford Approval of the attached agreement allowing the Municipal Electric Authority of Georgia (MEAG) Power to sell 2024 excess reserve capacity, on our behalf, to the City of Oxford, and to authorize the Mayor/ Chairman to execute this agreement for the specified amounts. * 20230841 MEAG Power 2024 Sale of Supplemental Capacity Approval of the Sale of Supplemental Capacity to the City of Oxford and to authorize the Mayor/ Chairman to execute this agreement for the specified amounts. * 20230820 BLW Actions of October 11, 2023 Review and approval of the October 11, 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 8 Printed on 10/10/2023 3:34:57PM