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, December 13, 2023 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Andy Morris, Ward 4 PLEDGE OF ALLEGIANCE: PRESENTATIONS: 20231044 Marietta Police Department - New Officers Presentation of new officers to the Marietta Police Department. · Santiago Mancilla · Stephanie Mejia · Madison Riley 20231049 Marietta High School Cross Country Recognition of Marietta High School’s Cross Country Program: · Girls - State Champions 20231050 Ford Elementary Teacher of the Year Presentation to Claire D. Cyr, as the Ford Elementary School Teacher of the Year in our sister school system. She is recognized as a lifelong resident of Cobb County and a Marietta High School Honor Graduate. City of Marietta Page 1 Printed on 12/12/2023 3:24:32PM CITY COUNCIL Meeting Agenda December 13, 2023 20231051 Mt. Paran Christian School Girls Volleyball Presentation to the Mt. Paran Christian School Girls Volleyball Team for winning the State Championship. 20231040 PlanFirst Community Designation The Georgia Department of Community Affairs (DCA) will present the City of Marietta with an award for its PlanFirst Community designation. The City is being recognized for its dedication and achievement in implementing its local comprehensive plan. 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. 20231005 Scheduled Appearance Scheduled Appearance - Donald Barth. 20231046 Veto Consideration Motion to Override the Mayor’s Veto per Chapter 2-11A(c) of Legistar Item No. 20230228 (Z2023-06 Rezoning West Plan Investors (Marietta Crossing, LLC) which was adopted by the City Council on November 8, 2023. 20231070 Motion to Reconsider - Z2023-06 Rezoning West Plan Investors (Marietta Crossing, LLC) Contingent on the passage of Legistar Item 20231046, Veto Consideration, Motion to reconsider Legistar Item No. 20230228 (Z2023-06 Rezoning West Plan Investors (Marietta Crossing, LLC)), which was adopted by the City Council on November 8, 2023. City of Marietta Page 2 Printed on 12/12/2023 3:24:32PM CITY COUNCIL Meeting Agenda December 13, 2023 20230228 Z2023-06 [REZONING] WESTPLAN INVESTORS (MARIETTA CROSSING, LLC) Contingent on either a.) the denial or no action upon Legistar Item 20231046, Veto Consideration, or b.) the approval of Legistar Item 20231070, Motion to Reconsider, then Legistar Item No. 20230228 (Z2023-06 Rezoning West Plan Investors (Marietta Crossing, LLC) is being considered. 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. Incorporated into this Motion to Approve is the stipulation letter from the attorney for the applicant dated December 12, 2023 and the revised site plan dated December 7, 2023. . Public Hearing (all parties sworn in) 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: * 20231033 Regular Meeting - November 8, 2023 Review and approval of the November 8, 2023 regular meeting minutes. MAYOR’S APPOINTMENTS: City of Marietta Page 3 Printed on 12/12/2023 3:24:32PM CITY COUNCIL Meeting Agenda December 13, 2023 * 20231045 BLW Council Appointment Pursuant to Section 5.1 (b) (2) of the City Charter, the Mayor’s appointment of the councilmember to serve on the BLW Board as Council representative is Councilmember Andy Morris of Ward 4 to serve on the BLW Board for a one-year turn commencing 1/1/24 and ending 12/31/24. CITY COUNCIL APPOINTMENTS: ORDINANCES: 20230924 Z2023-27 [REZONING] HOBO GEORGIA, LLC Z2023-27 [REZONING] HOBO GEORGIA, LLC is requesting the rezoning of 0.56 acres located in Land Lot 779, District 16, Parcel 0040 of the 2nd Section, Cobb County, Georgia, and being known as 1171 Sandy Plains Road from R-2 (Single-Family Residential - 2 units/acre) to NRC (Neighborhood Retail Commercial). Ward 6. Planning Commission recommends Approval A motion was made by Stephen Diffley, seconded by Byron 'Tee' Anderson to recommend approval of the request to rezone. The motion caried a vote of 7-0. Public Hearing (all parties sworn in) 20230925 Z2023-28 [REZONING] SAM RAMBO (WILLIAM & EARL YOUNG) Z2023-28 [REZONING] SAM RAMBO (WILLIAM & EARL YOUNG) are requesting the rezoning of 0.35 acres located in Land Lot 1231, District 16, Parcel 0840 of the 2nd Section, Cobb County, Georgia, and being known as 72 Atlanta Street from CRC (Community Retail Commercial) to CBD (Central Business District). Ward 5. Planning Commission recommends approval with a recommendation to City Council to include safety improvements to Atlanta St crosswalk for pedestrian traffic. A motion was made by Boozer McClure, seconded by Frasure Hunter to recommend approval of the request to rezone. The motion caried a vote of 7-0. Public Hearing (all parties sworn in) Council Member Goldstein disclosed that members of his family and/or entities owned by members of his family own property bordering and/or near to the property that is the subject of this rezoning. City of Marietta Page 4 Printed on 12/12/2023 3:24:32PM CITY COUNCIL Meeting Agenda December 13, 2023 20230367 CA2023-05 [CODE AMENDMENT] Comprehensive Development Code, Div. 708, Section 708.18, CBD, Central Business District. Motion 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). Public Hearing (all parties sworn in) 20230806 CA2023-06 [CODE AMENDMENT] Comprehensive Development Code, Divisions 708, 710 & 724, Outdoor Storage Regulations. Proposal to amend the Comprehensive Development Code of the City of Marietta, Division 708, District Standards and Permitted Uses; Division 710 Supplementary District Regulations, Section 710.08, Storage in non-residential areas; and Division 724, Section 724.02 Definitions of terms regarding outdoor storage regulations. Planning Commission recommends approval with a recommendation to City Council to amend the verbiage “such use shall be at least 200 feet from any property zoned R-1, R-2, R-3, R-4, RA-4, RA-6, RA-8, RM-8, RM-10, RM-12, PRD-SF, or PRD-MF” to “such use shall be at least 200 feet from any property zoned residential” in an attempt to protect Cobb County residential property. A motion was made by Stephen Diffley, seconded by Byron 'Tee' Anderson to recommend approval of the request to rezone. The motion caried a vote of 7-0. Public Hearing (all parties sworn in) RESOLUTIONS: CITY ATTORNEY'S REPORT: * 20230985 Denial of Claim Denial of Claim for Anthony Brooks, Supplemental. City of Marietta Page 5 Printed on 12/12/2023 3:24:32PM CITY COUNCIL Meeting Agenda December 13, 2023 * 20230986 Denial of Claim Denial of Claim for Omar White. * 20230987 Denial of Claim Denial of Claim for Victor Parra. CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: 1. Economic/Community Development: Andre L. Sims, Chairperson * 20230972 CDBG Substantial Amendment for PY23-27 Consolidated Plan and PY23 Annual Action Plan Review of proposed substantial amendment to the PY23-27 Consolidated Plan and PY23 Annual Action Plan to reallocate prior year funds. 2. Finance/Investment: Joseph R. Goldstein, Chairperson * 20230989 Tree Preservation Fund (Sah Auto Repair) Motion to approve an Ordinance for an amendment to the Fiscal Year 2024 Tree Preservation Fund Budget to receive and appropriate payment of $2,453.00 for tree removal at 63 Ayers Avenue (Ward 5). 3. Judicial/Legislative: G. A. (Andy) Morris, Chairperson * 20230970 Fee Chart Ordinance Adjustment - BL Alcohol Fee Chart adjustment implementing a one percent pouring fee and three percent excise tax for distilled beverages by the drink for manufacturing companies. City of Marietta Page 6 Printed on 12/12/2023 3:24:32PM CITY COUNCIL Meeting Agenda December 13, 2023 * 20230994 Memorandum of Agreement with the Georgia Department of Community Affairs (DCA) to participate as a PlanFirst Community The City of Marietta was designated as a PlanFirst Community by the Georgia Department of Community Affairs (DCA). The City must enter into a Memorandum of Agreement with DCA in order to participate in the program. * 20230993 2024 City Council Meeting Dates Approval of a Resolution establishing the City Council meeting dates and approval of the committee meeting calendar for 2024. 4. Parks, Recreation and Tourism: Johnny Walker, Chairperson 5. Personnel/Insurance: Cheryl Richardson, Chairperson 6. Public Safety Committee: M. Carlyle Kent, Chairperson * 20230991 Automatic Aid Agreement Renewal of the Automatic Aid Agreement between Marietta Fire and Cobb County Fire. 7. Public Works Committee: Grif Chalfant, Chairperson * 20230977 2011 SPLOST Project Budget Reallocation Motion to reallocate 2011 SPLOST Project Funds as stated in the 2011 SPLOST Project Budget Reallocation Table. Council Member Goldstein discloses that DWG Marietta Properties, LLC, Philip M. Goldstein and PMG Atlanta Street, LLC own properties along Atlanta Street that may be affected by the South Marietta Parkway at Atlanta Street SPLOST Project. DWG Marietta Properties, LLC and PMG Atlanta Street, LLC are both owned by members of Council Member Goldstein's family. Philip M. Goldstein is Council Member Goldstein's father. Council Member Goldstein abstains from that portion of the motion. * 20230978 2016 SPLOST Project Budget Reallocation Motion to reallocate 2016 SPLOST Project Funds as stated in the 2016 SPLOST Project Budget Reallocation Table. City of Marietta Page 7 Printed on 12/12/2023 3:24:32PM CITY COUNCIL Meeting Agenda December 13, 2023 * 20230979 2022 SPLOST Project Budget Reallocation Motion to reallocate 2022 SPLOST Project Funds as stated in the 2022 SPLOST Project Budget Reallocation Table. * 20230980 Pleasant Oak Court On-Street Parking Motion authorizing a no parking zone to be installed along both sides of Pleasant Oak Court from West Booth Road Extension to the cul-de-sac and post the speed limit at 25 MPH with an estimated cost of $500.00. Ward 3A OTHER BUSINESS: 20230926 V2023-29 [VARIANCE] TRATON LLC V2023-29 [VARIANCE] TRATON LLC is requesting variances for property zoned OI (Office Institutional), located in Land Lot 1077, District 16, Parcel 0290, 2nd Section, Marietta, Cobb County, Georgia, and being known as 720 Kennesaw Avenue. Variance to reduce the 30’ buffer adjacent residentially zoned property; variance to allow 13 parking spaces in a row without a planter island. Ward 5. Public Hearing (all parties sworn in) 20231038 Appeal of V2023-24 (20230786) RONALD L. & HOLLY IRWIN Consideration of appeals filed by Mary Wright regarding the Board of Zoning Appeals decision on October 30, 2023 for property located at 455 Lawrence Street (V2023-24). The appeal hearing shall be conducted as set forth in Section 720.08 of the Code of Ordinances of the City of Marietta. 20231039 Appeal of V2023-22 (20230644) HHH AUTO SALES, LLC. (ADAM ROZEN) Consideration of appeals filed by Mr. Adam Rozen, P.C. on behalf of HHH Auto Sales, LLC. regarding the Board of Zoning Appeals decision on October 30, 2023 for property located at 2002 Airport Industrial Park Drive (V2023-22). The appeal hearing shall be conducted as set forth in Section 720.08 of the Code of Ordinances of the City of Marietta. * 20231007 SFY24 Georgia Gang Activity Prosecution (GAP) Grant The Marietta Police Department request the acceptance of the SFY24 Georgia Gang Activity Prosecution (GAP) Grant awarded by the Georgia Emergency Management and Homeland Security Agency, in the amount of $28,876.00 City of Marietta Page 8 Printed on 12/12/2023 3:24:32PM CITY COUNCIL Meeting Agenda December 13, 2023 20231052 Workers' Compensation Third Party Administration Services Motion to renew the administrative services agreement with Brentwood Services Administrators, Inc. for Workers' Compensation Third Party Administration Services from January 1, 2024, to December 31, 2026. * 20230927 BLW Report Council Member Andy Morris gives the Board of Lights and Water (BLW) report for the meeting held on Monday, December 11, 2023. UNSCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes, for a combined total of 30 minutes. ADJOURNMENT: City of Marietta Page 9 Printed on 12/12/2023 3:24:32PM