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, February 14, 2024 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Andre Sims, Ward 6 PLEDGE OF ALLEGIANCE: PRESENTATIONS: 20240141 2023 Governor’s Circle Award to Keep Marietta Beautiful Presentation to Keep Marietta Beautiful Executive Director Maggi Moss for the affiliates receipt of the 2023 Governor’s Circle award for outstanding achievements in community beautification and environmental sustainability. PROCLAMATIONS: 20240165 2024 MLK “Living the Dream” Award Proclamation saluting Frances (Missie) Cook as 2024 MLK “Living the Dream” Award recipient for 2024. 20240140 Tree City USA Award Recognition of the 40th consecutive Tree City USA award from the Georgia Forestry Commission and proclaiming February 16th as Arbor Day. City of Marietta Page 1 Printed on 2/14/2024 4:21:34PM CITY COUNCIL Meeting Agenda February 14, 2024 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. 20240120 Scheduled Appearance Scheduled Appearance - Judy Leonard. 20240121 Scheduled Appearance Scheduled Appearance - Lakesha Johnson. 20240122 Scheduled Appearance Scheduled Appearance - Kathy Griffin. 20240155 Scheduled Appearance Scheduled Appearance - Larry Wills. 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: * 20240123 Regular Meeting - January 10, 2024 Review and approval of the January 10, 2024 regular meeting minutes. MAYOR’S APPOINTMENTS: * 20240136 Gateway Marietta Community Improvement District (CID) Motion to approve the appointment of Sam Storey, Wellstar designee, to the board for the Gateway Marietta Community Improvement District (CID). CITY COUNCIL APPOINTMENTS: City of Marietta Page 2 Printed on 2/14/2024 4:21:34PM CITY COUNCIL Meeting Agenda February 14, 2024 * 20240091 Planning Commission Appointment - Ward 7 Motion approving the Reappointment of Stephen Diffley to the Planning Commission for a 3-year term, expiring January 10, 2027. Stephen Diffley has been on the board since January 2009. * 20240092 Marietta Civil Service Board - Post 5 Motion approving the Reappointment of Philip Hynninen to the Marietta Civil Service Board (Post 5), for a one-year term expiring January 31, 2025, as recommended by the Civil Service Board. Philip Hynninen has been on the board since January 2019. ORDINANCES: City of Marietta Page 3 Printed on 2/14/2024 4:21:34PM CITY COUNCIL Meeting Agenda February 14, 2024 20240032 Z2024-02 [REZONING] FIRST CENTER, INC. Z2024-02 [REZONING] FIRST CENTER, INC. is requesting the rezoning of 15.03 acres located Land Lot 736, Parcels 0030 & 0050; Land Lot 737, Parcel 0850; Land Lot 776, Parcels 0890, 0900, 0910, 0920, 0930, 0940, 0950, 0960, 0970, 0980, 0990, 1000, 1010, 1020, 1030, 1040, 1050, 1060, 1070, 1080, 1090, 1100, 1110, 1120, 1130, 1140, 1150, 1160, 1170, 1180, 1190, 1200, 1210, 1220, 1230, 1240, 1250, 1260, 1270, 1280, & 1290; Land Lot 777, Parcel 0090, District 16, of the 2nd Section, Cobb County, Georgia, and being known as 1510, 1514, 1518, 1522 Gatekeeper Terrace; 1823 and unnumbered property on Longwing Lane; 1818, 1822, 1826, 1830, 1833, 1834, 1837, 1838, 1841, 1842, 1845, 1846, 1849, 1853, 1854, 1857, 1858, 1861, 1865, 1868, 1869 & unnumbered property on Butterfly Way; 1880, 1883, 1884, 1887, 1888, 1891, 1892, 1895, 1896, 1899, 1900, 1904, 1908, Glasswing Court, 1944, 1946, and unnumbered property on Ross Road from RA-6 (Single Family Residential) in the County to PRD-SF (Planned Residential Development - Single Family Residential) in the City. Ward 6B. Planning Commission recommends Denial A motion was made by Ms. McCrae, seconded by Mr. Smith, to recommend denial of the request for rezoning. The motion carried a vote of 4-1-0. Mr. Anderson opposed. Should Council vote to approve the request for rezoning the following stipulation would be incorporated as conditions of zoning: 1) Letter of stipulations and conditions from Mr. Kevin Moore of Moore, Ingram, Johnson & Steel, LLP to Ms. Shelby Little, Zoning Manager dated February 6th, 2024. Absent: 2 Vote For: 4 Vote Against: 1 Public Hearing (all parties sworn in) City of Marietta Page 4 Printed on 2/14/2024 4:21:34PM CITY COUNCIL Meeting Agenda February 14, 2024 20240033 A2024-01 [ANNEXATION] FIRST CENTER, INC. A2024-01 [ANNEXATION] FIRST CENTER, INC. is requesting the annexation of property located in Land Lot 736, Parcels 0030 & 0050; Land Lot 737, Parcel 0850; Land Lot 776, Parcels 0890, 0900, 0910, 0920, 0930, 0940, 0950, 0960, 0970, 0980, 0990, 1000, 1010, 1020, 1030, 1040, 1050, 1060, 1070, 1080, 1090, 1100, 1110, 1120, 1130, 1140, 1150, 1160, 1170, 1180, 1190, 1200, 1210, 1220, 1230, 1240, 1250, 1260, 1270, 1280, & 1290; Land Lot 777, Parcel 0090, District 16, of the 2nd Section, Cobb County, Georgia, and being known as 1510, 1514, 1518, 1522 Gatekeeper Terrace; 1823 and unnumbered property on Longwing Lane; 1818, 1822, 1826, 1830, 1833, 1834, 1837, 1838, 1841, 1842, 1845, 1846, 1849, 1853, 1854, 1857, 1858, 1861, 1865, 1868, 1869 & unnumbered property on Butterfly Way; 1880, 1883, 1884, 1887, 1888, 1891, 1892, 1895, 1896, 1899, 1900, 1904, 1908, Glasswing Court, 1944, 1946, and unnumbered property on Ross Road, consisting of approximately 15.0305 acres, and all applicable rights-of-way. Ward 6B. Planning Commission recommends Denial A motion was made by Mr. Smith, seconded by Ms. McCrae, to recommend denial of the request for annexation. The motion carried a vote of 4-1-0. Mr. Anderson opposed. Absent: 2 Vote For: 4 Vote Against: 1 Public Hearing (all parties sworn in) City of Marietta Page 5 Printed on 2/14/2024 4:21:34PM CITY COUNCIL Meeting Agenda February 14, 2024 20240034 CA2024-01 [CODE AMENDMENT] In conjunction with the requested annexation of property located in Land Lot 736, Parcels 0030 & 0050; Land Lot 737, Parcel 0850; Land Lot 776, Parcels 0890, 0900, 0910, 0920, 0930, 0940, 0950, 0960, 0970, 0980, 0990, 1000, 1010, 1020, 1030, 1040, 1050, 1060, 1070, 1080, 1090, 1100, 1110, 1120, 1130, 1140, 1150, 1160, 1170, 1180, 1190, 1200, 1210, 1220, 1230, 1240, 1250, 1260, 1270, 1280, & 1290; Land Lot 777, Parcel 0090, District 16, of the 2nd Section, Cobb County, Georgia, and being known as 1510, 1514, 1518, 1522 Gatekeeper Terrace; 1823 and unnumbered property on Longwing Lane; 1818, 1822, 1826, 1830, 1833, 1834, 1837, 1838, 1841, 1842, 1845, 1846, 1849, 1853, 1854, 1857, 1858, 1861, 1865, 1868, 1869 & unnumbered property on Butterfly Way; 1880, 1883, 1884, 1887, 1888, 1891, 1892, 1895, 1896, 1899, 1900, 1904, 1908, Glasswing Court, 1944, 1946, and unnumbered property on Ross Road, the City of Marietta proposes to designate the Future Land Use of said property as MDR (Medium Density Residential). Ward 6B Planning Commission recommends Denial A motion was made by Ms. McCrae, seconded by Mr. Smith, to recommend denial of the code amendment. The motion carried a vote of 4-1-0. Mr. Anderson opposed. Absent: 2 Vote For: 4 Vote Against: 1 Public Hearing (all parties sworn in) City of Marietta Page 6 Printed on 2/14/2024 4:21:34PM CITY COUNCIL Meeting Agenda February 14, 2024 20240044 Z2024-03 [REZONING] TIP TOP POULTRY, INC. Z2024-03 [REZONING] TIP TOP POULTRY, INC. is requesting the rezoning of 4.76 acres located in Land Lot 1138, District 16, Parcel 0670 of the 2nd Section, Cobb County, Georgia, and being known as 380 Lakeview Drive from OS (Office Services) to HI (Heavy Industrial). Ward 5A. Planning Commissions recommends Approval as Stipulated A motion was made by Ms. McCrae, seconded by Mr. Diffley, to recommend approval of the request with stipulation. The motion carried a vote of 5-0-0. The Commission recommends the following stipulation to be incorporated as a condition of zoning: 1) Tip Top Poultry to implement continued resolution of water shed and lack of maintenance issues originating from their property and adversely affecting the residents of Lakeview Drive. Absent: 2 Vote For: 5 Public Hearing (all parties sworn in) City of Marietta Page 7 Printed on 2/14/2024 4:21:34PM CITY COUNCIL Meeting Agenda February 14, 2024 20240049 Z2024-04 [REZONING] KENNESAW BATTLE TOWNHOMES, LLC. Z2024-04 [REZONING] KENNESAW BATTLE TOWNHOMES, LLC. is requesting the rezoning of 2.01 acres located in Land Lot 1013, District 16, Parcels 0430, 0190, 0580, 0180, & 0420 of the 2nd Section, Cobb County, Georgia, and being known as 750 James Street and 503, 610, 620 & 630 Tower Road from RA-8 (Single Family Residential Attached - 8 units/acre) and R-2 (Single Family Residential - 2 units/acre) to PRD-SF (Planned Residential Development - Single Family). Ward 5B. Planning Commission recommends Approval A motion was made by Mr. Anderson, seconded by Mr. Hunter, to recommend approval of the request for rezoning. The motion carried a vote of 3-2-0. Ms. McCrae and Mr. Smith opposed. Should Council vote to approve the request the following variance would be incorporated as a condition of zoning: 1)Variance to reduce the minimum tract size from 3 acres to 2 acres [§708.09 H] Absent: 2 Vote For: 3 Vote Against: 2 Public Hearing (all parties sworn in) Council Member Goldstein discloses that Gerry Dodd is the wife of James Dodd. Gerry Dodd leases space from Council Member Goldstein's father, Philip M. Goldstein. City of Marietta Page 8 Printed on 2/14/2024 4:21:34PM CITY COUNCIL Meeting Agenda February 14, 2024 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: * 20240129 Denial of Claim Denial of Claim for Anthony Brooks. 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 * 20240076 Revised Detailed Plan - The Cottages at Keeler Woods Motion to approve the request by Dove Field Developers, LLC to reduce the exterior 20’ landscaped buffer to 10’ for Phases 1 and 2 of the Cottages at Keeler Woods. 4. Parks, Recreation and Tourism: Johnny Walker, Chairperson City of Marietta Page 9 Printed on 2/14/2024 4:21:34PM CITY COUNCIL Meeting Agenda February 14, 2024 * 20240090 2024 Street Closure and Associated Alcohol Sales and Consumption Requests Motion to authorize street closures and alcohol sales and consumption requests for the 2024 calendar year as presented. Street Closures: · Marietta The Gathering · Glover Park Concert Series · Taste of Marietta · May-retta Daze Spring Arts and Crafts Festival · Juneteenth · Fourth in the Park · Art in the Park · Chalktoberfest · HarvestFest · Marietta Reads · MUST Ministries Gobble Jog Events Requesting Alcohol Sales: · Taste of Marietta · Art in the Park · Chalktoberfest Council Member Goldstein discloses that he is a member of the Marietta Cobb Museum of Art. Council Member Goldstein discloses that he is a member of the Board of Directors of the Marietta Visitors Bureau by virtue of being appointed by the Marietta City Council. Council Member Goldstein discloses that Paula Shea is a member of the Downtown Marietta Development Authority. Paula Shea is the aunt of Council Member Goldstein. Council Member Goldstein discloses that members of his family and/or entities owned by himself and/or members of his family own property in downtown Marietta. Council Member Goldstein Abstaining 5. Personnel/Insurance: Cheryl Richardson, Chairperson * 20240156 City Clerk Compensation and Contract Motion to approve compensation and employment contract for Stephanie E. Guy per City Code Section 4-4-2-030.C. City of Marietta Page 10 Printed on 2/14/2024 4:21:34PM CITY COUNCIL Meeting Agenda February 14, 2024 * 20240157 Administrative Assistant to the Mayor Compensation and Contract Motion to approve compensation and employment contract for Elizabeth S. Kelley per City Code Section 4-4-2-030.C. * 20240159 Board of Lights & Water General Manager Compensation Motion approving compensation for Ronald J. Mull set at $177,358.06 retroactive to January 1, 2024. The General Manager will also participate in across the board increases provided to general employees as approved by the City Council as part of the Annual Budget. * 20240160 City Manager Compensation and Contract Motion to approve compensation and employment contract for William F. Bruton Jr. per City Charter Section 4.2 and per City Code Section 4-4-2-030.C. * 20240161 Municipal Court Judge Compensation Motion approving compensation for the Municipal Court Judge. * 20240162 Municipal Court Prosecutor Compensation Motion approving compensation for the Municipal Court Prosecutor. * 20240150 Municipal Associate Judges Compensation Motion to approve the Municipal Associate Judges compensation to be set at $370.00 per session. * 20240151 Municipal Court Assistant Prosecutors Compensation Motion to approve the Municipal Court Assistant Prosecutors compensation to be set at $315.00 per session and the compensation of the Municipal Court Assistant Prosecuting Attorneys assigned to Environmental Court is set at $330.00 per session. 6. Public Safety Committee: M. Carlyle Kent, Chairperson City of Marietta Page 11 Printed on 2/14/2024 4:21:34PM CITY COUNCIL Meeting Agenda February 14, 2024 * 20240096 FY 24 Naloxone Statewide Initiative Award Motion to approve the acceptance of the FY 24 Naloxone Statewide Initiative Award to the City of Marietta (Marietta Police Department) from the Criminal Justice Coordinating Council in the amount of $7,200.00 for the procurement/deployment of Naloxone. 7. Public Works Committee: Grif Chalfant, Chairperson * 20240084 Windsor Drive Speed Study Motion authorizing Public Works to conduct the speed study of Windsor Drive from Whitlock Avenue to Baskin Drive to determine if traffic calming devices are needed. Ward 2A * 20240085 Polk Street Rapid Rectangular Flashing Beacon Motion authorizing Public Works to install two (2) Rapid Rectangular Flashing Beacons (RRFB) devices at the crosswalk on Polk Street at Marietta Middle School west of Winn Street with Marietta City Schools contributing half of the cost of the work with a total estimated cost of $30,000.00. Ward 3A * 20240086 Proposed Amendment to Old 41 Highway Bridge Replacement Project Agreement Motion to approve the amendment to the Cobb Framework Agreement for the Old 41 Highway Bridge Replacement Project for the 2016 Special Purpose Local Option Sales Tax (SPLOST) in the amount of $691,012.30, with the understanding that these proceeds will be placed back into the 2016 SPLOST account for reallocation among projects. * 20240087 Proposed Code Amendment to the Building and Housing Regulations Ordinance - Chapter 7-4 Motion for the City of Marietta to adopt the revisions to Chapter 7-4 - Building and Housing Regulations Ordinance as listed in the attachment. First Reading OTHER BUSINESS: City of Marietta Page 12 Printed on 2/14/2024 4:21:34PM CITY COUNCIL Meeting Agenda February 14, 2024 * 20240172 758 Allgood Road Motion to authorize the city attorney to file an action for injunctive relief and claim for attorney's fees and court costs against E &J Concrete seeking to enjoin the operation of an concrete and construction business at 758 Allgood Road, Marietta, GA 30062. * 20240173 740 Allgood Road Motion to authorize the city attorney to file an action for injunctive relief and claim for attorney's fees and court costs against Drive City seeking to enjoin the operation of an auto broker business at 740 Allgood Road, Marietta, GA 30062. * 20240152 Final Plat - The Cottages at Keeler Woods Ph. 2 Motion to approve the final plat for the Cottages at Keeler Woods Phase 2. 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) 20240035 V2024-05 [VARIANCE] TOTAL PROPERTY ADVISORS, LLC. (SEAN G. RANDALL) V2022-05 [VARIANCE] TOTAL PROPERTY ADVISORS, LLC. (SEAN G. RANDALL) are requesting variances for property zoned R-4 (Single Family Residential - 4 units/acre) located in Land Lot 1287, District 16, Parcel 2310, 2nd Section, Marietta, Cobb County, Georgia, and being known as 160 South Avenue. Variance to reduce the minor side setback from 5 ft. to 0 ft. Ward 1. Public Hearing (all parties sworn in) City of Marietta Page 13 Printed on 2/14/2024 4:21:34PM CITY COUNCIL Meeting Agenda February 14, 2024 20240138 Appeal of V2024-03 (20231012) FLOWERS FOR CEMETERIES, INC [VARIANCE] FLOWERS FOR CEMETERIES, INC. (DAVID J. BROEL) are requesting a variance for property zoned CRC (Community Retail Commercial) located in Land Lot 5040, District 17, Parcel 0760, 2nd Section, Marietta, Cobb County, Georgia, and being known as 351 Lockheed Avenue. Variance to reestablish auto repair as a nonconforming use. Ward 1A. Consideration of appeal filed by David J. Broel and Mr. Carlos Mendez, on behalf of Flowers for Cemeteries, Inc., regarding the Board of Zoning Appeals decision on January 29, 2024, for property located at 351 Lockheed Avenue. 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 * 20240135 BLW Actions of February 12, 2024 Review and approval of the February 12, 2024 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 14 Printed on 2/14/2024 4:21:34PM