City Council

205 Lawrence Street City of Marietta Post Office Box 609 Marietta, Georgia 30061 Meeting Minutes 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 Presiding: R. Steve Tumlin, Mayor Present: Cheryl Richardson, Grif Chalfant, Johnny Walker, Andy Morris, M. Carlyle Kent, Andre L. Sims and Joseph R. Goldstein Also Present: Bill Bruton, City Manager Doug Haynie, City Attorney Stephanie Guy, City Clerk CALL TO ORDER: Mayor R. Steve Tumlin called the meeting to order at 7:01 p.m. INVOCATION: Mayor Tumlin called upon Council member Morris to give the invocation. PLEDGE OF ALLEGIANCE: Everyone remained standing for the Pledge of Allegiance. PRESENTATIONS: 20240602 Marietta Police Department New Officers Presentation of new officers to the Marietta Police Department. · Jared Jones · Asher Johnson · Briele Williams · Stacy Benitez · Sean Washington · Jaxson Hardeman · Marlene Gregory · Chris Henry Presented City of Marietta Page 1 Printed on 7/29/2024 2:41:17PM CITY COUNCIL Meeting Minutes July 10, 2024 PROCLAMATIONS: 20240647 Proclamation - Wyman Pilcher Recognition of services of Wyman Pilcher to Cobb Board of Health. Presented ANNOUNCEMENTS OF GENERAL COMMUNITY INFORMATION BY THE MAYOR, COUNCIL AND/OR CITY MANAGER: SCHEDULED APPEARANCES: 20240576 Scheduled Appearance Scheduled Appearance - Christian Ellis. Present 20240641 Scheduled Appearance Scheduled Appearance - Donald Barth. Present 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). A motion was made by Council member Chalfant, seconded by Council member Richardson, to suspend the rules of order to add an item to the agenda related to 25 Polk Street. The motion carried by the following vote: Vote: 7 – 0 – 0 Approved A motion was made by Council member Chalfant, seconded by Council member Kent, to extend the deadline related to the Historic Board of Review approval for Bridger Properties LLC for the new construction at 25 Polk Street for two years from the current expiration date. The motion carried by the following vote: Vote: 7 – 0 – 0 Approved (See agenda item 20240671) Mayor Pro tem Johnny Walker briefly explained the consent agenda process. City Attorney Doug Haynie noted changes to the consent agenda. City of Marietta Page 2 Printed on 7/29/2024 2:41:17PM CITY COUNCIL Meeting Minutes July 10, 2024 -under Finance/Investment: Agenda item 20240478 was removed from the consent agenda. -under Judicial/Legislative: Agenda item 20240490 should show Council member Goldstein abstaining. A motion was made by Council member Walker, seconded by Council member Sims, to approve the consent agenda as modified. The motion carried by the following vote: Vote: 7 – 0 – 0 Approved with the following exceptions: Council member Goldstein abstaining on agenda items 20240490 and 20240637. MINUTES: * 20240620 Regular Meeting - June 12, 2024 Review and approval of the June 12, 2024 regular meeting minutes. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 20240623 Special Meeting - June 12, 2024 Review and approval of the June 12, 2024 special meeting minutes. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved 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. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved City of Marietta Page 3 Printed on 7/29/2024 2:41:17PM CITY COUNCIL Meeting Minutes 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. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved ORDINANCES: 20240444 Z2024-12 [REZONING] KENNESAW BATTLE TOWNHOMES, LLC. Ord 8396 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 the request of the applicant from June 12, 2024 City Council meeting. City Attorney Doug Haynie opened the public hearing and called forward those wishing to speak. Rusty Roth, Development Services Director, presented information regarding the request for rezoning of the subject property 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). The property owner, Dr. Parin Chheda, requested rezoning of the subject property to develop 20 townhomes targeted primarily to young professionals City of Marietta Page 4 Printed on 7/29/2024 2:41:17PM CITY COUNCIL Meeting Minutes July 10, 2024 employed at Kennestone Hospital. Dr. Chheda explained that the properties totaling approximately 2 acres would be combined and rezoned. Those speaking in favor of the development: Veronica Anderson Laura and David Maler Don Barth James Dodd Pastor Those speaking in opposition of the development: Helen Reed Louise Williams Charlotte Mann Ricky Beavers Kathy Jackson Seeing no one else wishing to speak, the public hearing was closed. Discussion was held by Council. Motion to approve the rezoning request for property located at 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). The motion was made by Council member Kent, seconded by Council member Walker, that this matter be Approved. The motion carried by the following vote: Vote: 6 – 1 – 0 Approved Voting Against: Cheryl Richardson 20240512 Z2024-13 [SPECIAL LAND USE] CAMERON FARMS, LLC. Ord 8392 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. Motion to grant a Special Land Use Permit for a neighborhood amenity area, detention pond, and associated parking for property being known as 1881 Sandy Plains Road: The following stipulation is incorporated as a condition of zoning: 1. No building or amenity be built across jurisdictional line. The following variances are 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) City of Marietta Page 5 Printed on 7/29/2024 2:41:17PM CITY COUNCIL Meeting Minutes July 10, 2024 City Attorney Doug Haynie opened the public hearing and called forward those wishing to speak. Rusty Roth, Development Services Director, presented information regarding the request for a Special Land Use Permit for property located at 1881 Sandy Plains Road. Mr. Kevin Moore represented the applicants, Toll Southeast LP Company, Inc., requested the Special Land Use Permit for a new neighborhood being developed to the north of the subject property, in unincorporated Cobb County. The applicant wished to use the piece of land for neighborhood amenities, such as a pool and clubhouse. Private parks/neighborhood recreation centers are permitted under R-1 zoning only with a SLUP approved by City Council. Motion to approve the Special Land Use Permit for property located at 1881 Sandy Plains Road, with the following variance being incorporated as a condition: 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) An amendment to the motion was made by Council member Goldstein, seconded by Council member Richardson, to add a stipulation that no building or amenity be built across jurisdictional line. The motion carried by the following vote: Vote: 7 – 0 – 0 Amendment Approved Mayor Tumlin called for a vote on the original motion, as amended. Motion to grant a Special Land Use Permit for a neighborhood amenity area, detention pond, and associated parking for property being known as 1881 Sandy Plains Road: The following stipulation is incorporated as a condition of zoning: 1. No building or amenity be built across jurisdictional line. The following variance is 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) The motion was made by Council member Sims, seconded by Council member Walker, that this matter be Approved. The motion carried by the following vote: Vote: 7 – 0 – 0 Approved City of Marietta Page 6 Printed on 7/29/2024 2:41:17PM CITY COUNCIL Meeting Minutes July 10, 2024 RESOLUTIONS: CITY ATTORNEY'S REPORT: * 20240603 Denial of Claim Denial of Claim for Essie James-Hilliard. This Matter was Approved to Deny on the Consent Agenda. Vote: 7 – 0 – 0 Approved to Deny Claim * 20240642 Denial of Claim Denial of Claim for Prime Time Motors, LLC and Meng 1646 HQ, LLC. This Matter was Approved to Deny on the Consent Agenda. Vote: 7 – 0 – 0 Approved to Deny Claim CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: 1. Economic/Community Development: Andre L. Sims, Chairperson 2. Finance/Investment: Joseph R. Goldstein, Chairperson 20240478 Updates to City Code Article 3-6-050 Motion to approve proposed amendments to City Code Article 3-6-050 relating Ord 8397 to purchasing thresholds for competitive bidding effective July 1st 2024. The motion was made by Council member Goldstein, seconded by Council member Richardson, that this matter be Approved. The motion carried by the following vote: Vote: 7 – 0 – 0 Approved A motion was made by Council member Goldstein, seconded by Council member Richardson, to include in this Ordinance the required waiver set forth in 1-4-040 (L) whereby the City Council gives its unanimous consent to authorize the adoption of this Ordinance at this City Council meeting without the necessity of placing this matter on the following regular City Council meeting. The motion carried by the following vote: Vote: 7 – 0 – 0 Approved City of Marietta Page 7 Printed on 7/29/2024 2:41:17PM CITY COUNCIL Meeting Minutes July 10, 2024 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. The motion was made by Council member Goldstein, seconded by Council member Sims, that this matter be Tabled. The motion carried by the following vote: Vote: 7 – 0 – 0 Tabled * 20240508 Detailed Plan - Village at Sandy Plains Motion to approve the detailed site plan for the Village at Sandy Plains Phase 2, the tree plan for Phases 1 and 2, and house elevations for Phases 1 & 2 (Z2024-02) with the following: 1. Modification of zoning plan Z2024-02 to require sidewalks on only one side of the street instead of both, as shown on the detailed plan. 2. Variance to waive the street tree requirement along Sandy Plains Road to allow the existing evergreens remain. [§712.08 (G.2.)] 3. To avoid the pool and pool house being constructed last, the amenity must be started (permitted and ground broken) before 40% (36 lots) of the homes have been issued a permit. 4. Approval includes attached Driveway Exhibit showing which lots will have driveways no shorter than 16.’ Any deviations from this plan must be submitted to Development Services for approval. A maximum of 27 lots are allowed to have driveways shorter than 20 feet. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 20240490 Wine and Malt Beverage Retailers Ord 8395 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 ancillary consumption on premises licenses for specialty wine and malt beverage retailers. Second Reading City of Marietta Page 8 Printed on 7/29/2024 2:41:17PM CITY COUNCIL Meeting Minutes July 10, 2024 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. This Matter was Approved on the Consent Agenda. Vote: 6 – 0 – 1 Approved Abstaining: Joseph R. Goldstein * 20240491 Retail Alcoholic Beverage Sales by Consumption on Premise Licensees Ord 8393 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. Second Reading 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. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 20240514 Sale of Alcohol by Downtown Merchants During City-Sanctioned Events Ord 8394 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. Second Reading 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. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved City of Marietta Page 9 Printed on 7/29/2024 2:41:17PM CITY COUNCIL Meeting Minutes July 10, 2024 * City Charter Revision Motion to authorize and direct the City Attorney to conduct the necessary steps to accomplish Revision to the City Charter Part I, Article IV, Division I, Section 4.11(a)(3). House Bill 456 changes the minimum term of appointment for municipal court judges from one year to two years effective on July 1, 2024. Additional language added to the Georgia statute regarding written notice to the judge of a breach of agreement and the judge shall have up to 30 days to cure said breach; and that removal for a material breach during a judge’s term may only be done subject to the provisions of OCGA 36-32-2.1(c). This Matter was Approved on the Consent Agenda. 20240544 Vote: 7 – 0 – 0 Approved for Advertisement 4. Parks, Recreation and Tourism: Johnny Walker, Chairperson * 20240589 Cherokee Heights Arts Festival Request for City Sanctioning A Motion Approving the Cherokee Heights Arts Festival October 19, 2024, as a City Sanctioned Event to Allow Sales and Consumption of Beer and Wine on Freyer Drive Between Chicasaw Drive and Etowah Drive between 9 am and 4 pm. This motion approves the sale and consumption on the rain date of October 20, 2024, if required. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved 5. Personnel/Insurance: Cheryl Richardson, Chairperson 6. Public Safety Committee: M. Carlyle Kent, Chairperson 7. Public Works Committee: Grif Chalfant, Chairperson 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 City of Marietta Page 10 Printed on 7/29/2024 2:41:17PM CITY COUNCIL Meeting Minutes July 10, 2024 · 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. This item was Tabled at the June 12, 2024 Council meeting at the request of the applicant. The motion was made by Council member Kent, seconded by Council member Richardson, that this matter be Approved. The motion carried by the following vote: Vote: 7 – 0 – 0 Approved * 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. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 20240637 William Root House Handicap Lift C/A 5266 Motion to approve a revised Welcome Center Tourism Funding Agreement to include $20,000.00 for a new Handicap Lift System at the William Root House (Cobb Landmark). These additional funds shall be made available immediately in one lump sum. 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 the portion of this item related to this disclosure in his official capacity as a City Council Member. City of Marietta Page 11 Printed on 7/29/2024 2:41:17PM CITY COUNCIL Meeting Minutes July 10, 2024 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 the portion of this item related to this disclosure 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. 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 the portion of this item related to this disclosure 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 the portion of this item related to this disclosure in his official capacity as a City Council Member. Requested by Council Member Johnny Walker This Matter was Approved on the Consent Agenda. Vote: 6 – 0 – 1 Approved Abstaining: Joseph R. Goldstein * 20240671 25 Polk Street Motion to extend the deadline related to the Historic Board of Review approval for Bridger Properties LLC for the new construction at 25 Polk Street for two years from the current expiration date. Council Member Godstein 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. City of Marietta Page 12 Printed on 7/29/2024 2:41:17PM CITY COUNCIL Meeting Minutes July 10, 2024 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. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved UNSCHEDULED APPEARANCES: Those addressing the City Council: Robbie Huck Dr. Bryant Bell, Pastor ADJOURNMENT: The meeting was adjourned at 8:38 p.m. Date Approved: August 14, 2024 _________________________________ R. Steve Tumlin, Mayor Attest: ___________________________ Stephanie Guy, City Clerk City of Marietta Page 13 Printed on 7/29/2024 2:41:17PM