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, June 12, 2024 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member, Johnny Walker, Ward 3 PLEDGE OF ALLEGIANCE: PRESENTATIONS: 20240457 Distinguished Service Award Presentation of the Distinguished Service Award to Becky Paden. 20240475 Marietta Police Department New Officers Presentation of new officers to the Marietta Police Department. · Officer Brandon Dornbush · Officer Tyler Haney · Officer Isaiaah Rich · Officer Lucio Novaes · Officer Aaron Johnson PROCLAMATIONS: ANNOUNCEMENTS OF GENERAL COMMUNITY INFORMATION BY THE MAYOR, COUNCIL AND/OR CITY MANAGER: City of Marietta Page 1 Printed on 6/11/2024 3:53:35PM CITY COUNCIL Meeting Agenda June 12, 2024 SCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes, for a combined total of 20 minutes. 20240474 Scheduled Appearance Scheduled Appearance - Donald Barth. 20240542 Scheduled Appearance Scheduled Appearance - Kim Drabik. 20240539 Scheduled Appearance Scheduled Appearance - Clayton Kurtz. 20240541 Scheduled Appearance Scheduled Appearance - Tracy Stevenson. 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: * 20240532 Regular Meeting - May 8, 2024 Review and approval of the May 8, 2024 regular meeting minutes. * 20240552 Special Meeting - May 28, 2024 Review and approval of the May 28, 2024 special meeting minutes. MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: City of Marietta Page 2 Printed on 6/11/2024 3:53:35PM CITY COUNCIL Meeting Agenda June 12, 2024 * 20240393 Historic Board of Review (Ward 3) Appointment of Ty Tumlin to the Marietta Historic Board of Review (Ward 3), for a two-year term, expiring June 12, 2026. Ty Tumlin is the son of Mayor Steve Tumlin. ORDINANCES: 20240395 Z2024-08 [REZONING] STACEY HARRIS Z2024-08 [REZONING] STACEY HARRIS is requesting the rezoning of 0.42 acres, acres, located in Land Lot 1146, District 16, Parcel 0250 of the 2nd Section, Cobb County, Georgia and being known as 29 Sessions Street from R-4 (Single Family Residential - 4 units/acre) to R-4 (Single Family Residential - 4 units/acre) with a variance to increase the density from 4 to 4.8 units/acre. Ward 4B. Planning Commission recommends Approval A motion was made by Mr. Diffley, seconded by Mr. McClure, to recommend approval of the request as submitted. The motion carried with a vote of 6 0 0. If approved by Council, the following variances would be incorporated as conditions of zoning. 1. Variance to increase maximum density from 4 units/ac. to 4.8 units/ac. [§708.04 (H)] 2. Variance to reduce the minimum lot size from 7,500 sq. ft. to 4,800 sq. ft. for Tract 2 identified on the survey dated 4/4/24. [§708.04 (H)] 3. Variance to reduce the minimum lot width to from 75 ft. to 67 ft. for Tract 2 identified on the survey dated 4/4/24. [§708.04 (H)] 4. Variance to reduce the minimum floor area from 1,200 sq. ft. to 1,000 sq. ft. for Tract 2 identified on the survey dated 4/4/24. [§708.04 (H)] 5. Variance to reduce the rear setback from 30 ft. to 11 ft. for Tract 2 identified on the survey dated 4/4/24. [§708.04 (H)] Public Hearing (all parties sworn in) City of Marietta Page 3 Printed on 6/11/2024 3:53:35PM CITY COUNCIL Meeting Agenda June 12, 2024 20240425 Z2024-09 [REZONING] MENG 1646 HQ, LLC. Z2024-09 [REZONING] MENG 1646 HQ, LLC. is requesting the rezoning of .52 acres, located in Land Lots 1207 & 1208, District 16, Parcels 0160 & 0170 of the 2nd Section, Cobb County, Georgia and being known as 1646 and 1650 Roswell Road from CRC (Community Retail Commercial) to CRC (Community Retail Commercial) with a variance to allow automobile sales. Ward 7A Planning Commission recommends Denial A motion was made by Ms. McCrae, seconded by Mr. Diffley, to recommend denial of the request. The motion carried with a vote of 6-0-0. If approved by Council, the following variance s would be incorporated as conditions of zoning. 1. Variance to reduce the minimum lot size for automobile sales from 2 acres to 0.5 acres [§708.16 B.9.a] 2. Variance to allow automobile sales within 200’ of residentially zone property [§708.16 B.9.c] Public Hearing (all parties sworn in) 20240432 Z2024-11 [REZONING] GLOVER STREET PARTNERS, LLC. Z2024-11 [REZONING] GLOVER STREET PARTNERS, LLC. is requesting the rezoning of 0.18 acres located in Land Lot 290, District 17, Parcel 0180 of the 2nd Section, Cobb County, Georgia and being known as 377 Glover Street from LI (Light Industrial) to CRC (Community Retail Commercial). Ward 1A 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) City of Marietta Page 4 Printed on 6/11/2024 3:53:35PM CITY COUNCIL Meeting Agenda June 12, 2024 20240444 Z2024-12 [REZONING] KENNESAW BATTLE TOWNHOMES, LLC. Z2024-12 [REZONING] KENNESAW BATTLE TOWNHOMES, LLC. is requesting the rezoning of 2.14 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. The motion carried with a vote of 4-2-0. Ms. McCrae and Mr. Diffley opposed. If approved by Council, the following variances would be incorporated as conditions of zoning. 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. 1. Variance to reduce the minimum tract size from 3 acres to 2 acres [§708.09 H.] 2. Variance to reduce the minimum lot size requirement from 4,000 sq. ft. to the footprint of the smallest unit. [§708.09 (H)] Public Hearing (all parties sworn in) RESOLUTIONS: CITY ATTORNEY'S REPORT: * 20240481 Denial of Claim Denial of Claim for Douglas Sebastian. * 20240502 Denial of Claim Denial of Claim for Marion Robinson. * 20240540 Denial of Claim Denial of Claim for Rose Mary Howell. City of Marietta Page 5 Printed on 6/11/2024 3:53:35PM CITY COUNCIL Meeting Agenda June 12, 2024 * 20240566 Denial of Claim Denial of Claim for Anthony Brooks. * 20240572 Denial of Claim Denial of Claim for Scott Davis. CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: 1. Economic/Community Development: Andre L. Sims, Chairperson 2. Finance/Investment: Joseph R. Goldstein, Chairperson * 20240454 Adoption of Recommended Budget for FY2025 Motion to approve an Ordinance adopting an Annual Budget for the fiscal year beginning July 1, 2024 and ending June 30, 2025, for the various funds of the City of Marietta and enacting the tentative Ad Valorem tax levies for said fiscal year for support of the City of Marietta governmental operations and other public purposes, and debt service obligations. 3. Judicial/Legislative: G. A. (Andy) Morris, Chairperson * 20240482 Final Plat - Crestwood (1540 Cunningham Rd) Motion to approve the final plat for Crestwood, a 52 single family detached dwelling development on Cunningham Road, zoned PRD-SF (Z2020-07). 20240379 Detailed Plan - Marietta Crossing Motion to approve the detailed site plan, tree plan, and building elevations for Marietta Crossing (50 Powers Ferry Road) Z2023-06 with a stipulation that the elevations for the townhome units be submitted to and approved by City Council prior to permitting. City of Marietta Page 6 Printed on 6/11/2024 3:53:35PM CITY COUNCIL Meeting Agenda June 12, 2024 20240477 Preliminary Plat - 213 Frasier Street Motion to approve the preliminary plat from 4G Properties OOZB LLC to subdivide 213 Frasier Street into two parcels to be served by a new sewer main and shared access driveway. * 20240490 Wine and Malt Beverage Retailers Motion to approve an ordinance amending city code sections 8-8-2-280, 8-8-2-290, and 8-8-2-020 Paragraph C for the purpose of creating an ancillary consumption on premises licenses for specialty wine and malt beverage retailers. Council Member Goldstein discloses that Karen Heard is a tenant of a member of Council Member Goldstein's Family. Council Member Goldstein discloses that he, members of his family, and entities owned by himself and/or members of his family own property in Downtown Marietta and the City of Marietta generally. Council Member Goldstein will be abstaining. First Reading * 20240491 Retail Alcoholic Beverage Sales by Consumption on Premise Licensees Motion to approve an ordinance amending city code section 8-8-2-190 for the purpose of allowing the carry-out of unopened alcoholic beverages for consumption off the premises from consumption on the premises licensees. Council Member Goldstein discloses that he, members of his family, and entities owned by himself and/or members of his family own property in Downtown Marietta and the City of Marietta generally. First Reading City of Marietta Page 7 Printed on 6/11/2024 3:53:35PM CITY COUNCIL Meeting Agenda June 12, 2024 * 20240514 Sale of Alcohol by Downtown Merchants During City-Sanctioned Events Motion to approve an ordinance amending city code section 10-4-070 paragraphs E. and F. for the purpose of allowing Central Business District merchants with consumption on premises licenses to sell liquor on public right-of-way during city-sanctioned events. Council Member Goldstein discloses that he, members of his family, and entities owned by himself and/or members of his family own property in Downtown Marietta and the City of Marietta generally. Council Member Goldstein discloses that Andy Gaines is the Executive Director of The Earl and Rachel Smith Strand Theatre. The Earl and Rachel Smith Strand Theatre rents space owned by the Herbert S. Goldstein Family Limited Partnership. The Herbert S. Goldstein Family Limited Partnership is owned and managed by members of Council Member Goldstein's family. First Reading 4. Parks, Recreation and Tourism: Johnny Walker, Chairperson City of Marietta Page 8 Printed on 6/11/2024 3:53:35PM CITY COUNCIL Meeting Agenda June 12, 2024 * 20240447 FY2025 Tourism Grants Motion to approve the grant amounts presented for each tourism organization, along with the Welcome Center Contract. · GA Metro Dance Theatre · Georgia Symphony Orchestra · Marietta Cobb Museum of Art · Marietta History Center · Historic Marietta Square Branding Project · The Georgia Ballet · Brumby Hall & Gardens/GWTW · Cobb Landmarks and Historical Society · The City of Marietta Fire Museum · Old Zion Heritage Museum · Marietta Educational Garden Center · Marietta Theatre Company · Lemon Street Classic, Inc. · TheatreSquare Art Alliance · Cobb NAACP Juneteenth · City Staff Request - City Services · Lease of Welcome Center · City Staff Marketing Request · Marietta Arts Council · Marietta Visitors Bureau · The Earl and Rachel Smith Strand Theatre · Alley Stage Foundation · Cobb Veterans Memorial Council Member Goldstein discloses that The Earl Smith Strand Theatre rents space owned by the Herbert S. Goldstein Family Limited Partnership. The Herbert S. Goldstein Family Limited Partnership is owned and managed by members of Council Member Goldstein's family. Council Member Goldstein will not participate in any discussion or vote on this item in his official capacity as a City Council Member. Council Member Goldstein discloses that Theatre on the Square is located in space rented by Raul Emiliano Thomas, Jr. and owned by Philip M. Goldstein. Philip M. Goldstein is the father of Council Member Goldstein. Council Member Goldstein will not participate in any discussion or vote on this item in his official capacity as a City Council Member. Council Member Goldstein discloses that GA Metro Dance Theatre is located in space rented by Stone Worthy, LLC and owned by the PMG Whitlock Ave, LLC. City of Marietta Page 9 Printed on 6/11/2024 3:53:35PM CITY COUNCIL Meeting Agenda June 12, 2024 PMG Whitlock Ave, LLC is owned and managed by Philip M. Goldstein. Philip M. Goldstein is the father of Council Member Goldstein. Council Member Goldstein will not participate in any discussion or vote on this item in his official capacity as a City Council Member. Council Member Goldstein discloses that he is on the board of the Marietta Visitors Bureau representing the City of Marietta. Council Member Goldstein discloses that he is a member of the Marietta/Cobb Museum of Art. Council Member Goldstein discloses that Philip M. Goldstein is a member of the Marietta Square Branding Project. Philip M. Goldstein is the father of Council Member Goldstein. Council Member Goldstein discloses that Philip M. Goldstein is a lifetime member of the Cobb NAACP. Philip M. Goldstein is the father of Council Member Goldstein. Council Member Goldstein discloses that Marietta Theatre Company is believed to be a subtenant of Raul Emiliano Thomas, Jr. A space leased by Raul Emiliano Thomas, Jr. is owned by a member of Council Member Goldstein’s family. Council Member Goldstein discloses that the Alley Stage Foundation is located in space leased by Colt Chambers and is owned by Philip M. Goldstein. Philip M. Goldstein is the father of Council Member Goldstein. Council Member Goldstein will not participate in any discussion or vote on this item in his official capacity as a City Council Member. Council Member Goldstein will be abstaining. 5. Personnel/Insurance: Cheryl Richardson, Chairperson * 20240438 FY 2025 City/BLW Pay and Classification System Documents Motion approving an Ordinance adopting the City of Marietta and Board of Lights and Water Position Allocation Charts, and the Compensation, Position Classification, and Career Development Plans for FY 2025, with changes to take effect on July 1, 2024. 6. Public Safety Committee: M. Carlyle Kent, Chairperson 7. Public Works Committee: Grif Chalfant, Chairperson City of Marietta Page 10 Printed on 6/11/2024 3:53:35PM CITY COUNCIL Meeting Agenda June 12, 2024 * 20240464 Summit Avenue Donation of Right-of-Way Motion authorizing the Public Works to receive the donation of right-of-way located at 180 Summit Avenue, consisting of 1,620 square feet along Waterman Street, per the Quitclaim Deed from MRP Old Post Austell, LLC. Ward 1A * 20240465 Delk Street Speed Study Motion authorizing Public Works to conduct the speed study of Delk Street from East Dixie Avenue to Hawkins Street to determine if traffic calming devices are needed. Ward 1A * 20240466 Sycamore Street Speed Study Motion authorizing Public Works to conduct the speed study of Sycamore Street from East Dixie Avenue to South Marietta Parkway to determine if traffic calming devices are needed and to set the speed limit at 25 MPH. Ward 1A * 20240467 Toliver Street Speed Study Motion authorizing Public Works to conduct the speed study of Toliver Street from Austin Avenue to Howard Street to determine if traffic calming devices are needed. Ward 1A * 20240468 Woodvalley Drive Speed Study Motion authorizing Public Works to conduct the speed study of Woodvalley Drive from Walnut Drive to Hickory Drive to determine if traffic calming devices are needed. Ward 2B * 20240471 Saint John Avenue Speed Study Motion authorizing Public Works to conduct the speed study of Saint John Avenue from Goldie Drive to the end of the street to determine if traffic calming devices are needed. Ward 7A OTHER BUSINESS: City of Marietta Page 11 Printed on 6/11/2024 3:53:35PM CITY COUNCIL Meeting Agenda June 12, 2024 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 * 20240574 New Hope at Wylie Road Project - 963 Allegro Park Motion authorizing acquisition of an easement at 963 Allegro Park for the purpose of constructing the New Hope at Wylie Road Project in exchange for $500.00. Ward 1A. * 20240575 New Hope at Wylie Road Project - 967 Allegro Park Motion authorizing acquisition of an easement at 967 Allegro Park for the purpose of constructing the New Hope at Wylie Road Project in exchange for $500.00. Ward 1A. City of Marietta Page 12 Printed on 6/11/2024 3:53:35PM CITY COUNCIL Meeting Agenda June 12, 2024 * 20240573 New Hope at Wylie Road Project - 951 Allegro Park Motion authorizing acquisition of easements at 951 Allegro Park from Amanda Vest for the purpose of constructing the New Hope at Wylie Road Project in exchange for $9,900.00. Ward 1A. * 20240562 Substation Contract - MEAG & City of Marietta/BLW Approval of a contract between the Municipal Electric Authority of Georgia (MEAG) and the City of Marietta/BLW for the building of a substation to service a new electric customer. * 20240521 MEAG Power Telecommunications Project Preliminary Final Settlement Motion to approve the election form for the MEAG Telecommunications Project Preliminary Final Settlement. * 20240553 BLW Actions of June 10, 2024 Review and approval of the June 10, 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 13 Printed on 6/11/2024 3:53:35PM