City Council

City of Marietta 205 Lawrence Street Post Office Box 609 Marietta, Georgia 30061 Meeting Minutes 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 Presiding: R. Steve Tumlin, Mayor Present: Cheryl Richardson, Grif Chalfant, Johnny Walker, Andy Morris, M. Carlyle Kent, Andre L. Sims and Joseph R. Goldstein Also Present: Bill Bruton, City Manager Doug Haynie, City Attorney Stephanie Guy, City Clerk CALL TO ORDER: Mayor R. Steve Tumlin called the meeting to order at 7:00 p.m. INVOCATION: Mayor Tumlin called upon Council member Kent to give the invocation. PLEDGE OF ALLEGIANCE: Everyone remained standing for the 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 Presented City of Marietta Page 1 Printed on 2/13/2024 10:48:32AM CITY COUNCIL Meeting Minutes January 10, 2024 PROCLAMATIONS: ANNOUNCEMENTS OF GENERAL COMMUNITY INFORMATION BY THE MAYOR, COUNCIL AND/OR CITY MANAGER: SCHEDULED APPEARANCES: 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). A motion was made by Council member Goldstein, seconded by Council member Richardson, to suspend the rules of order to add an item to the Council agenda for a Denial of Claim of Claim for Robert Bolt on behalf of Sarah Bolt. The motion carried by the following vote: Vote: 7 – 0 – 0 Approved (See agenda item 20240078) A motion was made by Council member Goldstein, seconded by Council member Richardson, to add the Denial of Claim, agenda item 20240078, to the consent agenda. The motion carried by the following vote: Vote: 7 – 0 – 0 Approved Mayor Pro tem Johnny Walker briefly explained the consent agenda process. City Attorney Doug Haynie noted changes to the consent agenda. -under Mayor's Appointments: Agenda item 20240055 was added to the consent agenda and amended to read, "Appointment of Courtney Martin Brubaker, Latonia Hines, Robert Donovan, Robert Schnatmeier, Ronald Hood, Rachel Plevak and Donna Merrell as an Assistant Prosecuting Attorneys of the Municipal Court for a two-year term expiring January, 2026." -under Other Business: Agenda item 20240067 was added to the consent agenda as a Motion to Table. -under Other Business: Agenda items 20231039 and 20240056 were added to the consent agenda as a Motion to Withdraw. A motion was made by Council member Walker, seconded by Council member Kent, to approve the consent agenda as modified. The motion carried by the following vote: Vote: 7 – 0 – 0 Approved City of Marietta Page 2 Printed on 2/13/2024 10:48:32AM CITY COUNCIL Meeting Minutes January 10, 2024 MINUTES: * 20240041 Regular Meeting - December 13, 2023 Review and approval of the December 13, 2023 regular meeting minutes. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved 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. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 20240002 Presiding Officer Appointment of Cheryl Richardson as Presiding Officer for a term of one year expiring January 7, 2025. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 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. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 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. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved City of Marietta Page 3 Printed on 2/13/2024 10:48:32AM CITY COUNCIL Meeting Minutes January 10, 2024 * 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. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 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. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 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. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 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. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 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. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved City of Marietta Page 4 Printed on 2/13/2024 10:48:32AM CITY COUNCIL Meeting Minutes January 10, 2024 * 20240054 Municipal Court Prosecuting Attorney Appointment of Benjamin F. Smith as the Municipal Court Prosecuting Attorney for a two-year term expiring January, 2026. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 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. Assistant Prosecutors: Appointment of Courtney Martin Brubaker, Latonia Hines, Robert Donovan, Robert Schnatmeier, Ronald Hood, Rachel Plevak and Donna Merrell as an Assistant Prosecuting Attorneys of the Municipal Court for a two-year term expiring January, 2026. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved CITY COUNCIL APPOINTMENTS: ORDINANCES: 20231013 Z2024-01 [SPECIAL LAND USE PERMIT] AOA PARISH REAL ESTATE TRUST Ord 8368 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. City Attorney Doug Haynie opened the public hearing and called forward those wishing to speak. Rusty Roth, Development Services Director, presented information regarding the request for the special land use permit for property located at 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. City of Marietta Page 5 Printed on 2/13/2024 10:48:32AM CITY COUNCIL Meeting Minutes January 10, 2024 Michael Boland (Smith, Boland Architects) represented the special land use permit for the subject property to construct a school addition, parking lot expansion, and to build a new rectory on the St. Joseph’s campus. He presented a drawing showing the proposed development on the St. Joseph campus and highlighted the historic house to be demolished for the new parking lot. Speaker: Michael Petelle Seeing no one else wishing to speak, the public hearing was closed. A motion was made by Council member Morris, seconded by Council member , to approve the special land use permit for property located at 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, with the following variances are 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] The following stipulations are hereby incorporated as conditions of zoning: 1. Combine the various church campus parcels into one lot via exemption plat to facilitate future regulation. 2. A parking study be provided to quantify need vs. supply as well as to revisit traffic queuing. 3. Evergreen screening and/or fencing 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. 4. 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 requirements. 5. Lighting shall be established in such a way that no direct light shall cast over any property line nor adversely affect neighboring properties. The motion was made by Council member Morris, seconded by Council member Richardson, that this matter be Approved. The motion carried by the following vote: Vote: 7 – 0 – 0 Approved City of Marietta Page 6 Printed on 2/13/2024 10:48:32AM CITY COUNCIL Meeting Minutes January 10, 2024 20230367 CA2023-05 [CODE AMENDMENT] Comprehensive Development Code, Div. 708, Section 708.18, CBD, Central Business District. Ord 8373 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) City Attorney Doug Haynie opened the public hearing and called forward those wishing to speak. Rusty Roth, Development Services Director, presented information regarding the proposed amendments to the Comprehensive Development Code of the City of Marietta, Division 708, District Standards and Permitted Uses, Section 708.18, CBD, Central Business District. Seeing no one wishing to speak, the public hearing was closed. A motion was made by Council member Kent, seconded by Council member Walker, 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, as presented. A substitute motion was made by Council member Richardson, seconded by Council member Walker, to refer this matter back to the Judicial/Legislative Committee. The motion was made by Council member Richardson, seconded by Council member Walker, that this matter be Referred to the Judicial Legislative Committee. The motion carried by the following vote: Vote: 7 – 0 – 0 Referred to the Judicial Legislative Committee RESOLUTIONS: CITY ATTORNEY'S REPORT: * 20240078 Denial of Claim Denial of Claim for Robert Bolt on behalf of Sarah Bolt. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved to Deny Claim City of Marietta Page 7 Printed on 2/13/2024 10:48:32AM CITY COUNCIL Meeting Minutes January 10, 2024 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. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved 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). This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved 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. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved City of Marietta Page 8 Printed on 2/13/2024 10:48:32AM CITY COUNCIL Meeting Minutes January 10, 2024 * 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. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 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. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved 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 This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 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 This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved City of Marietta Page 9 Printed on 2/13/2024 10:48:32AM CITY COUNCIL Meeting Minutes January 10, 2024 * 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 This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 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 This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 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 This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 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 This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 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 This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved City of Marietta Page 10 Printed on 2/13/2024 10:48:32AM CITY COUNCIL Meeting Minutes January 10, 2024 * 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 This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 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. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved 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 This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved 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 City Attorney Doug Haynie opened the public hearing and called forward those wishing to speak. Public Works Director Mark Rice summarized the proposal for Keeler Woods Drive Traffic Calming. Seeing no one else wishing to speak, the public hearing was closed. The motion was made by Council member Morris, seconded by Council member Goldstein, that this matter be Approved. The motion carried by the following vote: Vote: 7 – 0 – 0 Approved City of Marietta Page 11 Printed on 2/13/2024 10:48:32AM CITY COUNCIL Meeting Minutes January 10, 2024 OTHER BUSINESS: * 20240067 Intergovernmental Agreement for E911 Services c/a 5241 Motion to approve the renewal of the Intergovernmental Agreement for E911 Services. This Matter was Table don the Consent Agenda. Vote: 7 – 0 – 0 Tabled 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. Public Hearing (all parties sworn in) City Attorney Doug Haynie opened the public hearing and called forward those wishing to speak. Rusty Roth, Development Services Director, presented information regarding the request for approval of variances for property located at 720 Kennesaw Avenue. Kevin Moore, attorney for the applicant, requested variances to reduce the required 30-foot buffer needed for properties abutting residential zones and to allow for the construction of 13 parking spaces without a tree island. The subject property serves as a general contractor’s office and has a shared parking lot with the adjacent OI property to the north. The applicant is proposing to expand the existing parking lot to the rear of the principal structure. The proposal consists of constructing 24 additional parking spaces, 7 of which are proposed to encroach the required 30-foot buffer, and a line of 13 parking spaces with no tree island. Speakers: Michael Petelle, Amy Nelson Rivera, David Nelson and Larry Wills Seeing no one else wishing to speak, the public hearing was closed. Discussion was held by Council. A motion was made by Council member Kent, seconded by Council member Goldstein, to approve the variance to increase the number of parking spaces in a row without a planter island from 12 to 13 only. The motion failed by the following vote: Vote: 2 – 5 – 0 Failed Voting Against: Grif Chalfant, Johnny Walker, Andy Morris, Andre L. Sims and Joseph R. Goldstein City of Marietta Page 12 Printed on 2/13/2024 10:48:32AM CITY COUNCIL Meeting Minutes January 10, 2024 A motion was made by Council member Morris, seconded by Council member Walker, to approve the following variances for property located at 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. An amendment was made by Council member Richardson, seconded by Council member Chalfant, to amend the first variance with the condition that a landscaped buffer will be planted with one row of evergreen trees, a minimum of 6 foot in height at planting and being no more than 8 ft apart. The motion carried by the following vote: Vote: 6 – 1 – 0 Amendment Approved Voting Against: M. Carlyle Kent Mayor Tumlin called for a vote on the original motion, as amended. The motion was made by Council member Morris, seconded by Council member Walker, to approve the following variances for the property located at 720 Kennesaw Avenue: -Variance to reduce the 30’ buffer adjacent residentially zoned property limited to the area shown on the submitted plans, with the condition that a landscaped buffer will be planted with one row of evergreen trees, a minimum of 6 foot in height at planting and being no more than 8 ft apart; -Variance to allow 13 parking spaces in a row without a planter island. The motion carried by the following vote: Vote: 4 – 3 – 0 Approved as Amended Cheryl Richardson, M. Carlyle Kent and Joseph R. Goldstein 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) City Attorney Doug Haynie opened the public hearing and called forward those wishing to speak. Rusty Roth, Development Services Director, presented information regarding the request for approval of variances for property located at 863 Roswell Street. City of Marietta Page 13 Printed on 2/13/2024 10:48:32AM CITY COUNCIL Meeting Minutes January 10, 2024 The applicant H. Jerome Mency, owner of Clean Techniques, a business that details and washes used cars, is requesting a variance to permit his company to resume operations at 863-B Roswell Street after losing its legally nonconforming status due to lack of continuous legal occupation. The property is zoned CRC (Community Retail Commercial) and is located within Tier A of the Commercial Corridor Design Overlay District, where auto-oriented uses are prohibited. Speakers: Huey Whitten and Daniel Gaddis Seeing no one else wishing to speak, the public hearing was closed. Discussion was held by Council. A motion was made by Council member Kent, seconded by Council member Walker, to grant the variance to reinstate the legally nonconforming status of an auto detailing business within Tier A of the Commercial Corridor Design Overlay District until December 31, 2024. A substitute motion was made by Council member Richardson, seconded by Council member Chalfant, to grant the variance to reinstate the legally nonconforming status of an auto detailing business within Tier A of the Commercial Corridor Design Overlay District with no time limit. A substitute motion was made by Council member Goldstein, seconded by Council member Kent, that this matter be Tabled. The motion carried by the following vote: Vote: 6 – 1 – 0 Tabled Voting Against: Johnny Walker 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) City Attorney Doug Haynie opened the public hearing and called forward those wishing to speak. Rusty Roth, Development Services Director, presented information regarding the request for approval of variances for property located at 605 Pierce Street. City of Marietta Page 14 Printed on 2/13/2024 10:48:32AM CITY COUNCIL Meeting Minutes January 10, 2024 The applicant, Cameron Adams, is requesting a variance for the property to establish an auto repair (including paint and body) shop at this location. Mr. Adam stated that the scope of work includes vehicle customization such as headliner lighting to the interior, body wrapping, window tinting, and adding spoilers and other auto body additions. Speakers: Daniel Gaddis and Kurt Tucker Seeing no one else wishing to speak, the public hearing was closed. Discussion was held by Council. A motion was made by Council member Richardson, seconded by Council member Kent, that this matter be Denied. The motion carried by the following vote: Vote: 7 – 0 – 0 Denied * 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) This Matter was Withdrawn Approved on the Consent Agenda. Vote: 7 – 0 – 0 Withdrawn 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. City of Marietta Page 15 Printed on 2/13/2024 10:48:32AM CITY COUNCIL Meeting Minutes January 10, 2024 Public Hearing (all parties sworn in) City Attorney Doug Haynie opened the public hearing and called forward those wishing to speak. Development Director Rusty Roth presented information related to the Certificate of Approval requested by Marietta Station Partners. LLC c/o Bridger Properties, LLC for new construction at 25 Polk Street. Marietta Station Partners, LLC c/o Bridger Properties, LLC submitted an application for a Certificate of Approval for new construction of a building containing 122 residential units and 6,100 square feet of commercial space. The property at 25 Polk Street currently contains surface parking with little to no landscaping. At the October 30, 2023 Historic Board of Review meeting, a motion was approved to deny the application for exterior changes and new construction. Speakers: Kent Rose and Shawn Foster Council member Goldstein disclosed that Marietta Square Market, LLC is a tenant of a member of Council member Goldstein’s family. Seeing no one else wishing to speak, the public hearing was closed. Discussion was held by Council, specifically regarding traffic and parking. A motion was made by Council member Kent, seconded by Council member Richardson, to reject the action of the Historic Board of Review of the City of Marietta taken on October 30, 2023 which action was to deny the application. As part of this motion, the City Council hereby directs that a certificate of approval be issued by the City of Marietta to Bridger Properties, LLC, in accordance with the site plan submitted with the application. Further discussion was held. A substitute motion was made by Council member Walker, to table this matter. The motion died for lack of a second. A substitute motion was made by Council Richardson, seconded by Council member Kent, to reject the action of the Historic Board of Review of the City of Marietta taken on October 30, 2023 which action was to deny the application. As part of this motion, the City Council hereby directs that a certificate of approval be issued by the City of Marietta to Bridger Properties, LLC, in accordance with the site plan submitted with the application. Further, the applicant was directed to submit a traffic study to the City within 90 days. The motion carried by the following vote: Vote: 7 – 0 – 0 Approved as Amended City of Marietta Page 16 Printed on 2/13/2024 10:48:32AM CITY COUNCIL Meeting Minutes January 10, 2024 * 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. This Matter was Withdrawn on the Consent Agenda. Vote: 7 – 0 – 0 Withdrawn * 20240074 MEAG Power 2024 Sale of Supplemental Capacity to Newnan c/a 5229 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. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 20240075 MEAG Power 2024 Sale of Excess Reserve Capacity/ City of Newnan c/a 5230 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. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 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. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved UNSCHEDULED APPEARANCES: ADJOURNMENT: The meeting was adjourned at 10:51 p.m. City of Marietta Page 17 Printed on 2/13/2024 10:48:32AM CITY COUNCIL Meeting Minutes January 10, 2024 Date Approved: February 14, 2024 _________________________________ R. Steve Tumlin, Mayor Attest: ___________________________ Stephanie Guy, City Clerk City of Marietta Page 18 Printed on 2/13/2024 10:48:32AM