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, January 10, 2024 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Carlyle Kent, Ward 5 PLEDGE OF ALLEGIANCE: PRESENTATIONS: 20230951 Marietta Gem of the City Award Presentation of the Marietta Gem of the City Award. Presented by Council Member Cheryl Richardson 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. City of Marietta Page 1 Printed on 1/9/2024 3:42:26PM CITY COUNCIL Meeting Agenda January 10, 2024 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: * 20240041 Regular Meeting - December 13, 2023 Review and approval of the December 13, 2023 regular meeting minutes. MAYOR’S APPOINTMENTS: (for informational purposes only) * 20240001 Mayor Pro tem Appointment of Johnny Walker as Mayor Pro tem for a term of one year expiring on January 7, 2025. * 20240002 Presiding Officer Appointment of Cheryl Richardson as Presiding Officer for a term of one year expiring January 7, 2025. * 20240003 Economic/Community Development Committee Appointment of Andre L. Sims as Chairman, Joseph R. Goldstein as Vice Chair and M. Carlyle Kent to the Economic/Community Development Committee for a term of one year expiring on January 7, 2025. * 20240004 Finance/Investments Committee Appointment of Joseph R. Goldstein as Chairman, M. Carlyle Kent as Vice Chair and Cheryl Richardson to the Finance/Investments Committee for a term of one year expiring on January 7, 2025. * 20240005 Judicial/Legislative Committee Appointment of Andy Morris as Chairman, Cheryl Richardson as Vice Chair and Andre L. Sims to the Judicial/Legislative Committee for a term of one year expiring on January 7, 2025. City of Marietta Page 2 Printed on 1/9/2024 3:42:26PM CITY COUNCIL Meeting Agenda January 10, 2024 * 20240006 Parks, Recreation & Tourism Committee Appointment of Johnny Walker as Chairman, Andre L. Sims as Vice Chair and Grif Chalfant to the Parks, Recreation and Tourism Committee for a term of one year expiring on January 7, 2025. * 20240007 Personnel/Insurance Committee Appointment of Cheryl Richardson as Chairman, Grif Chalfant as Vice Chair and Johnny Walker to the Personnel/Insurance Committee for a term of one year expiring on January 7, 2025. * 20240008 Public Safety Committee Appointment of M. Carlyle Kent as Chairman, Johnny Walker as Vice Chair and Andy Morris to the Public Safety Committee for a term of one year expiring on January 7, 2025. * 20240009 Public Works Committee Appointment of Grif Chalfant as Chairman, Andy Morris as Vice Chair and Joseph R. Goldstein to the Public Works Committee for a term of one year expiring on January 7, 2025. * 20240054 Municipal Court Prosecuting Attorney Appointment of Benjamin F. Smith as the Municipal Court Prosecuting Attorney for a two-year term expiring January, 2026. 20240055 Municipal Court Assistant Prosecuting Attorney Appointment of Courtney Martin Brubaker as an Assistant Prosecuting Attorney of the Municipal Court for a two-year term expiring January, 2026. CITY COUNCIL APPOINTMENTS: ORDINANCES: City of Marietta Page 3 Printed on 1/9/2024 3:42:26PM CITY COUNCIL Meeting Agenda January 10, 2024 20231013 Z2024-01 [SPECIAL LAND USE PERMIT] AOA PARISH REAL ESTATE TRUST Z2024-01 [SPECIAL LAND USE PERMIT] AOA PARISH REAL ESTATE TRUST is requesting a Special Land Use Permit for 8.9 acres zoned R-4 (Single Family Residential - 4 units/acre) and located in Land Lot 1086, District 16, Parcels 0240, 0210, 0010, 0460, 0450, 0370, 2nd Section, Marietta, Cobb County, Georgia, and being known as 589 Campbell Hill Street (aka 87 Lacy Street), 558 Saint Joseph Way, 543 & 555 Sugar Hill Road, 105 Lacy Street, and 574 Nancy Street. The Special Land Use Permit is for a place of assembly. Ward 4. Planning Commission recommends Approval with Stipulation A motion was made by Mr. Anderson, seconded by Mr. Diffley, to recommend approval of the request with stipulation. The motion carried a vote of 7-0-0. Should Council vote to approve the following variances would be incorporated as conditions of zoning: 1) Variance to decrease the minimum setback for any building or structure in connection with the church from 75 feet from a property line to 30 feet (applicable to both the rectory and school addition) [§708.04 (E)] 2) Variance to increase the maximum impervious surface area allowed from 50% to 61% [§708.04 (H)] 3) Variance to waive the requirement for a sidewalk along Campbell Hill Street [§732.07] Should Council vote to approve the following stipulations are recommended as conditions of zoning: i) The various church campus parcels be formally combined into one lot via exemption plat to facilitate future regulation. ii) A parking study be provided to quantify need vs. supply as well as to revisit traffic queuing. iii) Evergreen screening and/or a fence should be installed to create a buffer between the rectory and the single-family residences on Sugar Hill Drive, if it is to remain as proposed. iv) Any exterior property changes that include the addition of occupiable space must be submitted back to the Planning Commission and City Council for site plan review which would include any buffer City of Marietta Page 4 Printed on 1/9/2024 3:42:26PM CITY COUNCIL Meeting Agenda January 10, 2024 requirements. v) Lighting shall be established in such a way that no direct light shall cast over any property line nor adversely affect neighboring properties. Public Hearing (all parties sworn in) 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) 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 3. Judicial/Legislative: G. A. (Andy) Morris, Chairperson * 20231037 Revised Detailed Plan - GreenHouse/Beazer Elevations Motion to approve the attached elevations for the GreenHouse/Beazer project on Bells Ferry Road. City of Marietta Page 5 Printed on 1/9/2024 3:42:26PM CITY COUNCIL Meeting Agenda January 10, 2024 4. Parks, Recreation and Tourism: Johnny Walker, Chairperson * 20231054 Summer Camp Grant Funding Motion to approve submission of 2024 summer camp grant funding from the American Rescue Plan Act for the Building Opportunities for Out-of-School Time (BOOST) Grant Program, established through the Georgia Statewide Afterschool Network (GSAN) and the Georgia Department of Education (GaDOE) administered by the Georgia Recreation and Parks Association (GRPA). 5. Personnel/Insurance: Cheryl Richardson, Chairperson * 20231083 Cobb Municipal Association 2024 Delegates Appointment of Andre Sims and Cheryl Richardson as voting delegates for the Cobb Municipal Association (CMA) business meetings. * 20231084 Georgia Municipal Association 2024 Delegates Appointment of Joseph R. Goldstein as the voting delegate and Andre Sims as the alternate voting delegate for the Georgia Municipal Association (GMA) business meetings. * 20231085 National League of Cities 2024 Delegates Appointment of Joseph R. Goldstein as the voting delegate and M. Carlyle Kent as the alternate voting delegate for the National League of Cities business meetings. 6. Public Safety Committee: M. Carlyle Kent, Chairperson 7. Public Works Committee: Grif Chalfant, Chairperson * 20231059 E Post Oak Xing On-Street Parking Motion authorizing a no parking zone to be installed along both sides of E Post Oak Xing 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 1A City of Marietta Page 6 Printed on 1/9/2024 3:42:26PM CITY COUNCIL Meeting Agenda January 10, 2024 * 20231060 Black Oak Court On-Street Parking Motion authorizing a no parking zone to be installed along both sides of Black 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 1A * 20231061 West Booth Road Ext On-Street Parking Motion authorizing a no parking zone to be installed along the east side (sidewalk) of West Booth Road Ext from Pin Oak Court to the park gate with an estimated cost of $500.00. Ward 1A * 20231062 Oak Forest Court On-Street Parking Motion authorizing a no parking zone to be installed along both sides of Oak Forest Court from Booth Road to the cul-de-sac and post the speed limit at 25 MPH with an estimated cost of $500.00. Ward 1A * 20231063 W Post Oak Xing On-Street Parking Motion authorizing a no parking zone to be installed along both sides of W Post Oak Xing 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 * 20231064 Red Oak Run On-Street Parking Motion authorizing a no parking zone to be installed along both sides of Red Oak Run 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 * 20231065 Pin Oak Court On-Street Parking Motion authorizing a no parking zone to be installed along both sides of Pin 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 * 20231066 Water Oak Way On-Street Parking Motion authorizing a no parking zone to be installed along both sides of Water Oak Way 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 City of Marietta Page 7 Printed on 1/9/2024 3:42:26PM CITY COUNCIL Meeting Agenda January 10, 2024 * 20231067 Scripps Court On-Street Parking Motion authorizing a no parking zone to be installed along both sides of Scripps Court from Booth Road to the cul-de-sac with an estimated cost of $500.00. Ward 3A * 20231068 James Street On-Street Parking Motion authorizing a no parking zone, with decorative posts, to be installed along both sides of James Street from the James Street intersection to James Court with an estimated cost of $5,500.00. Ward 5B 20230981 Keeler Woods Drive Traffic Calming Motion authorizing the Public Works to install two (2) speed tables and the installation of a 3-way stop intersection at Keeler Woods Drive and Darien Way on Keeler Woods Drive with an estimated cost of $7,500.00. Ward 4A Public Hearing Required OTHER BUSINESS: 20240067 Intergovernmental Agreement for E911 Services Motion to approve the renewal of the Intergovernmental Agreement for E911 Services. 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) City of Marietta Page 8 Printed on 1/9/2024 3:42:26PM CITY COUNCIL Meeting Agenda January 10, 2024 20230965 V2024-01 [VARIANCE] H. JEROME MENCY (ELIZABETH JEAN BANISTER) V2024-01 [VARIANCE] H. JEROME MENCY (ELIZABETH JEAN BANISTER) are requesting variances for property zoned CRC (Community Retail Commercial) located in Land Lot 1213, District 16, Parcel 0220, 2nd Section, Marietta, Cobb County, Georgia, and being known as 863 Roswell Street. Variance to reinstate the legally nonconforming status of an auto detailing business within Tier A of the Commercial Corridor Design Overlay District. Ward 5A. Public Hearing (all parties sworn in) 20230995 V2024-02 [VARIANCE] CAMERON ADAMS (MONTANO PROPERTY ENTERPRISES, LLC.) V2024-02 [VARIANCE] CAMERON ADAMS (MONTANO PROPERTY ENTERPRISES, LLC.) are requesting variances for property zoned CRC (Community Retail Commercial) located in Land Lot 1234, District 16, Parcel 1660, 2nd Section, Marietta, Cobb County, Georgia, and being known as 605 Pierce Street. Variance to allow auto repair (including paint and body) within the Tier A of the Commercial Corridor Design Overlay District; variance to allow such use within 200 feet of residentially zoned property. Ward 1A. Public Hearing (all parties sworn in) 20231039 Appeal of V2023-22 (20230644) HHH AUTO SALES, LLC. (ADAM ROZEN) [VARIANCE] HHH AUTO SALES, LLC. (2002 INDUSTRIAL, LLC.) is requesting variances for property zoned LI (Light Industrial) located in Land Lot 660, District 17, Parcel 0250, 2nd Section, Marietta, Cobb County, Georgia, and being known as 2002 Airport Industrial Park Drive. Variance to reduce minimum lot size for automobile sales from one acre to 0.38 acres. Ward 7A. Consideration of appeal 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. Public Hearing (all parties sworn in) City of Marietta Page 9 Printed on 1/9/2024 3:42:26PM CITY COUNCIL Meeting Agenda January 10, 2024 20230910 Certificate of Approval - 25 Polk Street-Marietta Station-New Construction Consideration of a certificate of approval requested by Marietta Station Partners, LLC c/o Bridger Properties, LLC for new construction at 25 Polk Street. This is a revision to, and re-submittal of the application heard at the May 1, 2023 Historic Board of Review and May 10, 2023 City Council meetings. Council Member Goldstein discloses that Philip M. Goldstein and two entities originally owned by Gary Eubanks and/or members of Gary Eubanks' family have cross access easements over their respective properties. Marietta Station Partners, LLC acquired the responsibilities and interest in the cross-access easement that was originally held by the Eubanks entities. Philip M. Goldstein is the father of Council Member Goldstein. Public Hearing (all parties sworn in) 20240056 Staggered Terms Motion to approve the Charter Amendment to stagger terms to four years each with ½ of Council being elected every two years for four-year terms. Effective with the November 2025 election, 4 to run with 2-year term and then every 4 years thereafter and 4 council members to run for a 4-year term and thereafter for 4 years. * 20240074 MEAG Power 2024 Sale of Supplemental Capacity to Newnan Motion to approve the BLW recommendation to the Marietta City Council for approval of the Sale of Supplemental Capacity to the City of Newnan and to authorize the Mayor/ Chairman to execute this agreement for the specified amounts. * 20240075 MEAG Power 2024 Sale of Excess Reserve Capacity/ City of Newnan Motion to approve the BLW recommendation to the Marietta City Council for 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 Newnan, and to authorize the Mayor/ Chairman to execute this agreement for the specified amounts. * 20240066 BLW Actions of January 8, 2024 Review and approval of the January 8, 2024 actions and minutes of the Marietta Board of Lights and Water. City of Marietta Page 10 Printed on 1/9/2024 3:42:26PM CITY COUNCIL Meeting Agenda January 10, 2024 UNSCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes, for a combined total of 30 minutes. ADJOURNMENT: City of Marietta Page 11 Printed on 1/9/2024 3:42:26PM