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, May 8, 2024 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Grif Chalfant, Ward 2 PLEDGE OF ALLEGIANCE: PRESENTATIONS: City of Marietta Page 1 Printed on 5/7/2024 3:44:17PM CITY COUNCIL Meeting Agenda May 8, 2024 20240378 2024 Citizens’ Government Academy Graduates · Matthew Adkins · Xaviera Barnwell · Kimberly Campbell · Jayne Clancy · Marcellus Cooper · Michael Farley · Catherine Floam · Patricia Gilbert · Theresia Greer · Darlene Knight · Shermeka Malone · Lisa Rajabnik · Eartha Sims · Andria Smith · Albert Trevino · Disha Vachhani · Verity Washington · Angela Wilson 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. 20240394 Scheduled Appearance Scheduled Appearance - Karen Heard. 20240426 Scheduled Appearance Scheduled Appearance - Kevin Campbell. 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). City of Marietta Page 2 Printed on 5/7/2024 3:44:17PM CITY COUNCIL Meeting Agenda May 8, 2024 MINUTES: * 20240439 Regular Meeting - April 10, 2024 Review and approval of the April 10, 2024 regular meeting minutes. * 20240451 Special Meeting - April 30, 2024 Review and approval of the April 30, 2024 special meeting minutes. * 20240434 Executive Session Minutes Review and approval of the following executive session minutes: May 8, 2023 Agenda Work Session June 12, 2023 Agenda Work Session June 14, 2023 Agenda Review Session August 7, 2023 Agenda Work Session MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: * 20240392 Historic Board of Review Appointment Appointment of Johnny Walker to the Marietta Historic Board of Review, for a 2-year term, expiring May 12, 2026. ORDINANCES: City of Marietta Page 3 Printed on 5/7/2024 3:44:17PM CITY COUNCIL Meeting Agenda May 8, 2024 20240323 Z2024-06 [REZONING] JUAN JOSE GARCIA GARCIA Z2024-06 [REZONING] JUAN JOSE GARCIA GARCIA is requesting the rezoning of 0.3 acres located in Land Lot 2110, District 17, Parcel 0520 of the 2nd Section, Cobb County, Georgia, and being known as 1065 Sandtown Road from OI (Office Institutional) to NRC (Neighborhood Retail Commercial). Ward 1A. Planning Commission recommends Approval as Stipulated A motion was made by Mr. Diffley, seconded by Mr. Smith, to recommend approval of an amended request per staff recommendation for rezoning to NRC (Neighborhood Retail Commercial). The motion carried with a vote of 6-0-0. Should Council approve the request as submitted and rezone to CRC (Community Retail Commercial), the following variances would be incorporated as conditions of zoning. 1) Variance to reduce the minimum lot size from 20,000 square feet to 12,000 square feet. [§708.16 (H)] Public Hearing (all parties sworn in) 20240324 Z2024-07 [SPECIAL LAND USE PERMIT/HOME OCCUPATION] TIMOTHY W. & APRIL SAWYER BAILEY Z2024-07 [SPECIAL LAND USE PERMIT/HOME OCCUPATION] TIMOTHY W. & APRIL SAWYER BAILEY are requesting a Special Land Use/Home Occupation Permit to allow the operation of a hair salon at property located in Land Lot 1156, District 16, Parcel 0070, 2nd section, Cobb County, Georgia, currently zoned R-4 (Single Family Residential - 4 units/acre) and being known as 369 Stewart Avenue. Ward 4A. Planning Commission recommends Denial A motion was made by Mr. Anderson, seconded by Mr. Diffley, to recommend denial. The motion carried with a vote of 6-0-0. Should Council approve the request as submitted, the following variances would be incorporated as conditions of zoning. 1.Variance to allow for 3 4 clients to be serviced a day, one at a time [712.04 E. (4.)] 2.Variance to allow incidental sale of hair products [712.04 E. (5.)] 3.Variance to allow a personal service establishment under Type B Home Occupation [712.04 E. (5.)] Public Hearing (all parties sworn in) City of Marietta Page 4 Printed on 5/7/2024 3:44:17PM CITY COUNCIL Meeting Agenda May 8, 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 Should Council vote to approve the request for rezoning the following stipulation would be incorporated as conditions of zoning: 1) Stipulation letter from Adam J. Rozen of Rozen, Rozen & Reilly, LLC to Shelby Little, Planning & Zoning Manager for the City of Marietta dated May 6th, 2024. Public Hearing (all parties sworn in) City of Marietta Page 5 Printed on 5/7/2024 3:44:17PM CITY COUNCIL Meeting Agenda May 8, 2024 20240267 CA2024-02 [CODE AMENDMENT] SECTION 724.02, DEFINITION OF TERMS CA2024-02 [CODE AMENDMENT] Motion to approve amendment of 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. Planning Commission recommends Approval A motion was made by Mr. Diffley, seconded by Ms. McCrae, to recommend approval. The motion carried with a vote of 6-0-0. 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 * 20230886 Revised Detailed Plan - Caswell Overlook Motion to approve the request by the Caswell Overlook Homeowners Association to remove and not replace the street trees in front of each unit. Shrubbery and similar small-scale planting is to be installed instead and be incorporated as part of the Detailed Plan, not to be removed without City consent. City of Marietta Page 6 Printed on 5/7/2024 3:44:17PM CITY COUNCIL Meeting Agenda May 8, 2024 * 20240266 Detailed Plan - 1401 Powder Springs St; 1405 & 1411 Dura Drive Motion to approve the detailed plan for 6.52 acres containing 29 detached and 22 attached homes (Z2022-11). Variance granted to reduce minimum lot sizes to 3,000 square feet for detached homes and to 2,000 square feet for townhomes. 20240375 25 Polk Street - Traffic Study Motion to acknowledge submittal of the traffic study submitted by Bridger Properties LLC for the new construction at 25 Polk Street. Motion to approve the submitted traffic study for 25 Polk Street subject to the following conditions: · The Polk Street Parking Lot Driveway shall be a right-in/right-out design onto Polk Street. · The Polk Street and north Marietta Parkway traffic signal, should it require re-timing for the additional traffic volume from the proposed development, the cost of the traffic signal re-timing shall be paid by the developer and/or builder for the project at 25 Polk Street. · Any damage to the existing streets, paving, sidewalks & curb/gutters will be required to be replaced to the existing conditions, as determined, and approved by the Public Works Director, by the developer and/or builder for the project at 25 Polk Street prior to the issuance of the Certificate of Occupancy for the project. 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. Motion to Table City of Marietta Page 7 Printed on 5/7/2024 3:44:17PM CITY COUNCIL Meeting Agenda May 8, 2024 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. Second Reading Public Hearing 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 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. Councilman Goldstein disclosed his business relationship with Keith Crystal, who leases property on Atlanta Street from Herbert S. Goldstein Family Limited Partnership. Councilman Goldstein is a general partner and partial owner of the partnership and conservator of his father’s interest. The remaining ownership is among Councilman Goldstein family members. Public Hearing Required * 20240371 Raymond Street Speed Study Motion authorizing Public Works to conduct the speed study of Raymond Street from West Dixie Avenue to Hedges Street to determine if traffic calming devices are needed and to set the speed limit at 25 MPH. Ward 1A City of Marietta Page 8 Printed on 5/7/2024 3:44:17PM CITY COUNCIL Meeting Agenda May 8, 2024 * 20240372 West Dixie Avenue Speed Study Motion authorizing Public Works to conduct the speed study of West Dixie Avenue from Powder Springs Street to Atlanta Street to determine if further traffic calming devices are needed. Ward 1A * 20240373 Sugar Springs Drive Speed Study Motion authorizing Public Works to conduct the speed study of Sugar Springs Drive from Oregon Trail to the end of the street to determine if traffic calming devices are needed. Ward 3A * 20240374 Radium Street Speed Study Motion authorizing Public Works to conduct the speed study of Radium Street from Roselane Street to Saint Joseph’s Way to determine if traffic calming devices are needed. Ward 4B * 20240380 Georgia Recreational Trails Program Grant Funding Request Motion to adopt the resolution in support of the City submitting a second-round application to the 2023-2024 Georgia Department of Natural Resources’ Recreational Trails Program for the East Dixie Avenue Trail Project and commitment of matching funds in the amount of $230,000. OTHER BUSINESS: 20240435 Approval of the engagement of a Special Counsel Approval of the engagement contract with Attorney Andy Welch of Smith, Welch, Webb and White as a special Counsel for the representation of the City of Marietta in Service Delivery Strategy negotiations with Cobb County. This representation will be in conjunction with the Cities of Smyrna, Acworth, Kennesaw, Powder Springs and Austell. Each City will pay a portion of the costs of this representation based on population numbers. City of Marietta Page 9 Printed on 5/7/2024 3:44:17PM CITY COUNCIL Meeting Agenda May 8, 2024 20240321 V2024-15 [VARIANCE] JUDSON DESOUZA V2024-15 [VARIANCE] JUDSON DESOUZA is requesting variances for property zoned CRC (Community Retail Commercial) located in Land Lot 1234, District 16, Parcel 0480, 2nd Section, Marietta, Cobb County, Georgia, and being known as 600 B Armstrong Street. Variance to allow the expansion of existing structure (in violation of rezoning condition per Z2003-17); variance to allow automotive repair facility to be located adjacent to residentially zoned property; variance for outdoor storage not to comply with limitations specified under paragraph G of CRC zoning regulations; variance to allow an accessory structure to be less than 10’ from the side lot line; variance to reduce the setback of an accessory structure from residential property from 25’ to 9’; variance for an accessory structure in excess of 1,500 square feet not abiding by setbacks of principal building and architectural style of principal building; variance to permit an accessory structure to be taller than the principal building; variance to not enclose outdoor storage by a solid fence no less than six feet in height to provide visual screening; variance to allow more than 25% of the total lot area to be used for outdoor storage; variance to allow outdoor storage closer than 50’ from residential property; variance to allow the storage of wrecked or non-operative automobiles or trucks; variance to allow parts or waste materials outside a building; variance to waive Bulk & Area regulations; variance to reduce the required buffer against residential property from 40’ to 0.’ Ward 1A. Council Member Goldstein discloses that Keith Cristal is the owner/manager of Marietta Office Suites.com, LLC. Marietta Office Suites.com, LLC leases spaces from members of Council Member Goldstein's family and/or entities owned by members of Council Member Goldstein's family. Keith Cristal also leases a space from an entity owned by members of Council Member Goldstein's family. Public Hearing (all parties sworn in) * 20240459 Municipal Electric Authority of Georgia (MEAG) Voting Delegates Motion to approve the recommendation by the Board of Lights and Water to appoint Board Member Andy Morris as the voting delegate and Ronald Mull as the alternate delegate for the MEAG Election. * 20240457 Distinguished Service Award Motion to approve the Awarding of the Distinguished Service Award to Becky Paden. (The Award will be presented at the June Council Meeting). City of Marietta Page 10 Printed on 5/7/2024 3:44:17PM CITY COUNCIL Meeting Agenda May 8, 2024 * 20240452 BLW Actions of May 6, 2024 Review and approval of the May 6, 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 11 Printed on 5/7/2024 3:44:17PM