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, July 10, 2024 7:00 PM Council Chamber DRAFT CALL TO ORDER: INVOCATION: Council Member Andy Morris, Ward 4 PLEDGE OF ALLEGIANCE: PRESENTATIONS: 20240602 Marietta Police Department New Officers Presentation of new officers to the Marietta Police Department. · Jarad Jones · Jamaica Lewis · Asher Johnson · Briele Williams · Stacy Benitez · Sean Washington · Jaxson Hardeman · Marlene Gregory · Chris Henry PROCLAMATIONS: City of Marietta Page 1 Printed on 7/5/2024 1:55:34PM CITY COUNCIL Meeting Agenda July 10, 2024 20240647 Proclamation - Wyman Pilcher Recognition of services of Wyman Pilcher to Cobb Board of Health. 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. 20240576 Scheduled Appearance Scheduled Appearance - Christian Ellis. 20240641 Scheduled Appearance Scheduled Appearance - Donald Barth. 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: 20240620 Regular Meeting - June 12, 2024 Review and approval of the June 12, 2024 regular meeting minutes. 20240623 Special Meeting - June 12, 2024 Review and approval of the June 12, 2024 special meeting minutes. MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: * 20240515 Appointment of Municipal Court Clerk Motion to approve the appointment of Kimberly Odom as Municipal Court Clerk as per City Charter Article VI, Section 6.7. City of Marietta Page 2 Printed on 7/5/2024 1:55:34PM CITY COUNCIL Meeting Agenda July 10, 2024 * 20240569 CCMWA Board Member Appointment Motion to approve the reappointment of Grif Chalfant to the Cobb County-Marietta Water Authority (CCMWA) for a four-year term, beginning on August 14, 2024 and term expiring on August 14, 2028. Mr. Chalfant currently holds the seat and was first appointed to the CCMWA Board in August 2012. ORDINANCES: 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) Tabled at June 12, 2024 City Council Meeting City of Marietta Page 3 Printed on 7/5/2024 1:55:34PM CITY COUNCIL Meeting Agenda July 10, 2024 20240512 Z2024-13 [SPECIAL LAND USE] CAMERON FARMS, LLC. Z2024-13 [SPECIAL LAND USE] CAMERON FARMS, LLC. is requesting a Special Land Use Permit for a neighborhood amenity area, detention pond, and associated parking on property located in Land Lot 777, District 16, Parcel 0120, 2nd section, Cobb County, Georgia, currently zoned R-1 (Single Family Residential/Agriculture - 1 unit/acre) and being known as 1881 Sandy Plains Road. Ward 6B. Planning Commission recommends Approval A motion was made by Mr. Anderson, 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 waive the regulation that any building or structure established in connection with such use (neighborhood recreation centers) must be setback no less than 75 feet from any property line. [Section 708.01 E.1.b]. Public Hearing (all parties sworn in) RESOLUTIONS: CITY ATTORNEY'S REPORT: 20240603 Denial of Claim Denial of Claim for Essie James-Hilliard. 20240642 Denial of Claim Denial of Claim for Prime Time Motors, LLC and Meng 1646 HQ, LLC. CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: 1. Economic/Community Development: Andre L. Sims, Chairperson City of Marietta Page 4 Printed on 7/5/2024 1:55:34PM CITY COUNCIL Meeting Agenda July 10, 2024 2. Finance/Investment: Joseph R. Goldstein, Chairperson * 20240478 Updates to City Code Article 3-6-050 This memorandum proposes to update the City Code relating to purchasing thresholds for competitive bidding effective July 1st 2024. First Reading 3. Judicial/Legislative: G. A. (Andy) Morris, Chairperson * 20240607 Stipulation Revision Request - 670 Roswell Street Motion to amend the previous denial on March 8, 2023, of Variance #5 associated with V2022-34 (#20220883), which originally stated “Variance to allow gravel as an acceptable parking surface. The eleven parking spaces in the southeastern corner of the site, as shown on the attached plan, must be paved with asphalt or concrete. No other graveled areas may be used for parking.” The amendment would remove the second sentence so the applicant will not be required to pave the eleven spaces in the southeastern corner, as long as it is not being used for parking or driving vehicles. 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. Second Reading 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 5 Printed on 7/5/2024 1:55:34PM CITY COUNCIL Meeting Agenda July 10, 2024 OTHER BUSINESS: 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. Council Member Goldstein discloses that Marietta Square Market, LLC is a tenant of his father, Philip M. Goldstein, on another property. Council Member Goldstein further discloses that 103 Denmead Street and 48 Mill Street is owned by a member or members of his family. 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. UNSCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes, for a combined total of 30 minutes. City of Marietta Page 6 Printed on 7/5/2024 1:55:34PM CITY COUNCIL Meeting Agenda July 10, 2024 ADJOURNMENT: City of Marietta Page 7 Printed on 7/5/2024 1:55:34PM