CITY COUNCIL

205 Lawrence Street City of Marietta 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, April 10, 2024 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Cheryl Richardson, Ward 1 PLEDGE OF ALLEGIANCE: PRESENTATIONS: 20240279 Marietta Police Officers Recognition of the newest officers to the Marietta Police Department. · Officer Jaxon Hulett · Officer Christopher Turner · Officer Tyler Gruber · Officer Joshua Adams City of Marietta Page 1 Printed on 4/9/2024 4:20:10PM CITY COUNCIL Meeting Agenda April 10, 2024 20240297 Public Safety Ambassadors Recognition and Introduction of Marietta Police Public Safety Ambassadors. Public Safety Ambassadors (PSA) are responsible for writing incident reports, writing private property accident reports, directing traffic, evidence collection, referring city services, answering questions from citizens, and handling other low risk administrative duties often handled by police officers. Public Safety Ambassador (PSA) Unit · PSA Supervisor Katie Williams · PSA John Falk · PSA Brandon Kendrick · PSA Ana Henry · PSA Kevin Mallen · PSA Susan Johnson · PSA Sharesse Loston · PSA Doug Dreeman · PSA Cooper White · PSA Jake Johnson · PSA Alvaro Muniz · PSA Drew Doyle PROCLAMATIONS: 20240328 Child Abuse Prevention Month Recognition of a Proclamation declaring April 2024 as “Child Abuse Prevention Month” in the City of Marietta. Presented by Council Member Carlyle Kent 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. 20240327 Scheduled Appearance Scheduled Appearance - Donald Barth. City of Marietta Page 2 Printed on 4/9/2024 4:20:10PM CITY COUNCIL Meeting Agenda April 10, 2024 20240343 Scheduled Appearance Scheduled Appearance - Christine Rozman. 20240347 Scheduled Appearance Scheduled Appearance - Joy Tiseo. 20240352 Scheduled Appearance Scheduled Appearance - Virginia Sloan. 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: * 20240315 Regular Meeting - March 13, 2024 Review and approval of the March 13, 2024 regular meeting minutes. * 20240325 Special Meeting - March 7, 2024 Review and approval of the March 7, 2024 special meeting minutes. MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: 20240211 Board of Lights and Water Appointment Motion to appoint Marion C. “Pete” Waldrep to the Board of Lights and Water (Resident Post) for a term of four (4) years, beginning April 11, 2024 and expiring April 10, 2028 ORDINANCES: City of Marietta Page 3 Printed on 4/9/2024 4:20:10PM CITY COUNCIL Meeting Agenda April 10, 2024 20240176 Z2024-05 [REZONING] DANESH ROSHAN Z2024-05 [REZONING] DANESH ROSHAN is requesting the rezoning of .20 acres located in Land Lot 0504, District 17, Parcel 0080 of the 2nd Section, Cobb County, Georgia, and being known as 1051 S. Marietta Parkway from R-4 (Single-Family Residential) to CRC (Community Retail Commercial). Ward 1A. Planning Commission recommends Approval A motion was made by Mr. Smith, seconded by Mr. Hunter, to recommend approval of the request for rezoning. The motion carried a vote of 7-0-0. Should Council approve the request, the following variance would be incorporated as a condition of zoning: 1.Variance to reduce the minimum lot size from 20,000 square feet to 19,786 square feet for the combination of 1043 and 1051 South Marietta Parkway. Absent: 0 Vote For: 7 Public Hearing (all parties sworn in) City of Marietta Page 4 Printed on 4/9/2024 4:20:10PM CITY COUNCIL Meeting Agenda April 10, 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 & Steele, LLP to Ms. Shelby Little, Zoning Manager dated February 14th, 2024. Public Hearing (all parties sworn in) This matter was tabled from the March 13, 2024 City Council meeting City of Marietta Page 5 Printed on 4/9/2024 4:20:10PM CITY COUNCIL Meeting Agenda April 10, 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. Public Hearing (all parties sworn in) This matter was tabled from the March 13, 2024 City Council meeting City of Marietta Page 6 Printed on 4/9/2024 4:20:10PM CITY COUNCIL Meeting Agenda April 10, 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) This matter was tabled from the March 13, 2024 City Council meeting City of Marietta Page 7 Printed on 4/9/2024 4:20:10PM CITY COUNCIL Meeting Agenda April 10, 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) This matter was tabled from the February 14, 2024 City Council meeting 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. RESOLUTIONS: CITY ATTORNEY'S REPORT: City of Marietta Page 8 Printed on 4/9/2024 4:20:10PM CITY COUNCIL Meeting Agenda April 10, 2024 * 20240298 Denial of Claim Denial of Claim for Eric Goring. * 20240326 Denial of Claim Denial of Claim for Caswell Overlook. * 20240330 Denial of Claim Denial of Claim for Joseph D. Vogel. * 20240359 Denial of Claim Denial of Claim for Sarah McKernan. CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: 1. Economic/Community Development: Andre L. Sims, Chairperson * 20240281 PY2024 CDBG Annual Action Plan Motion to approve the PY2024 CDBG Annual Action Plan allocations. 2. Finance/Investment: Joseph R. Goldstein, Chairperson 3. Judicial/Legislative: G. A. (Andy) Morris, Chairperson * 20240287 Revised Detailed Plan - GreenHouse Motion to approve the request by Beazer Homes/BGE Engineering for modifications to the detailed plan for the GreenHouse development on Bells Ferry Road. These changes affect Phase 3 by changing Road M from public to private and shifting Road M northward to be entirely out of the Georgia Power line easement, resulting in a reduced access easement width and reconfiguration of units. This approval also includes the following: · Variance to reduce the required easement width for Road M from 50’ to 34.’ City of Marietta Page 9 Printed on 4/9/2024 4:20:10PM CITY COUNCIL Meeting Agenda April 10, 2024 20240175 Revised Detailed Plan - The Bluffs at Bells Ferry Motion to approve the request by Traton Homes to change the active amenity feature from a walking trail to two outdoor exercise areas. * 20240267 Code Amendment - Section 724.02 Definition of terms Motion to authorize staff to advertise an amendment to the Marietta Zoning Ordinance Section 724.02 Definition of terms to modify definitions to align with changes made to Section 708.18, CBD, Central Business District (CA2023-05 #20230367) regarding building height. * 20240268 Code Amendment - Article 7-8-8 Historic District Motion to update Article 7-8-8-090 Development standards to align with changes made to Section 708.18, CBD, Central Business District (CA2023-05 #20230367) regarding building height. 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 historic district. Council Member Goldstein opposed. First Reading Council Member Goldstein opposed 20240299 Marietta City Code Part 8 (Business Licenses, Occupational Taxes, and Regulations) Motion to amend the Marietta City Code Part 8 (Business Licenses, Occupational Taxes, and Regulations) for the purpose of clarifying the denial, suspension, revocation, and appeal processes of new and existing businesses. 4. Parks, Recreation and Tourism: Johnny Walker, Chairperson 5. Personnel/Insurance: Cheryl Richardson, Chairperson 6. Public Safety Committee: M. Carlyle Kent, Chairperson 7. Public Works Committee: Grif Chalfant, Chairperson City of Marietta Page 10 Printed on 4/9/2024 4:20:10PM CITY COUNCIL Meeting Agenda April 10, 2024 * 20240276 Fort Street Speed Study Motion authorizing Public Works to conduct the speed study of Fort Street from Woods Drive to North Fairground Street to determine if traffic calming devices are needed and to set the speed limit at 25 MPH. Ward 5A * 20240277 Stream Buffer Variance Request Motion authorizing a variance from the Stream Buffer Protection Ordinance for the construction of the Rottenwood Creek Trail Project for encroachment into the impervious and undisturbed stream buffers of a total of 124,492.60 square feet with an offsetting deed restricting mitigation area of City owned property of 156,699.34 square feet. Public Hearing Required Motion to Table until the May 8, 2024 City Council meeting. OTHER BUSINESS: 20240232 V2024-13 [VARIANCE] SAKSS FAIRGROUND, LLC. V2024-13 [VARIANCE] SAKSS FAIRGROUND, LLC. is requesting variances for property zoned CRC (Community Retail Commercial), located in Land Lot 1214, District 16, Parcels 1560, 1550, & 1530, 2nd Section, Marietta, Cobb County, Georgia, and being known as 615 Lawrence Street; 86 & 106 North Fairground Street. Ward 1. 1. Variance to reduce rear yard setback from 35’ to 6.’ [§708.16 H] 2. Variance to reduce the setback for a canopy over fuel islands from 15’ to 2.5’ [§708.16 B] 3. Variance to reduce the setback for gasoline pumps from 20’ to 13.’ [§708.16 B] 4. Variance to increase the maximum setback from Lawrence Street from 75’ to 140.’ [§712.09 (G.2.b.i)] 5. Variance to waive the Site Design Optional Elements for Tier B. [§712.09 G.2.a] 6. Variance to allow existing curb cuts on Lawrence Street remain larger than 30.’ [§716.02 B] Public Hearing City of Marietta Page 11 Printed on 4/9/2024 4:20:10PM CITY COUNCIL Meeting Agenda April 10, 2024 20240346 Revised Detailed Plan - Atlanta United Motion to approve a revision to the detailed plan for a 21,640 square foot building addition at 861 Franklin Gateway. * 20240329 MEAG Power 2023 Year-End Settlement Motion to accept the 2023 MEAG Power Year-End Settlement. * 20240348 489 SDS Agreement with Cobb Cities Motion to approve a 489 SDS Agreement with Cobb Cities. * 20240353 BLW Actions of April 8, 2024 Review and approval of the April 8, 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 12 Printed on 4/9/2024 4:20:10PM