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, September 11, 2024 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Andre' Sims, Ward 6 PLEDGE OF ALLEGIANCE: Trail Life Troop - Marietta GA-6750 PRESENTATIONS: 20240788 2024 Public Power & Clean Water Week Presentation of a Proclamation to Bronson Lagardere to recognize Marietta Power & Water for Public Power & Clean Water Week. 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. City of Marietta Page 1 Printed on 9/10/2024 4:29:13PM CITY COUNCIL Meeting Agenda September 11, 2024 20240832 Scheduled Appearance Scheduled Appearance - Donald Barth. 20240837 Scheduled Appearance Scheduled Appearance - Kathy Slough. 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: * 20240814 Regular Meeting - August 14, 2024 Review and approval of the August 14, 2024 regular meeting minutes. MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: ORDINANCES: City of Marietta Page 2 Printed on 9/10/2024 4:29:13PM CITY COUNCIL Meeting Agenda September 11, 2024 20240697 Z2024-17 [REZONING] SWI INVESTMENTS, LLC. (WORLD PLAZA, INC) Z2024-17 [REZONING] SWI INVESTMENTS, LLC. (WORLD PLAZA, INC) are requesting the rezoning of 4.017 acres located in Land Lots 0932 & 0931, District 16, Parcels 0210 & 0040 of the 2nd Section, Cobb County, Georgia, and being known as 1250 & 1290 Bells Ferry Road from CRC (Community Retail Commercial) to MXD (Mixed Use Development). Ward 4B. Planning Commission makes No Recommendation A motion was made by Mr. Kinney, seconded by Mr. Diffley, to forward the request to City Council with no recommendation. The motion carried with a vote of 6-0-0. Should Council vote to approve the request, the following variances would be incorporated as conditions of zoning: 1.Variance to waive the requirement for each condominium to have a two-car garage and 20 foot driveway (§708.20 B.5) 2.Variance to reduce the minimum tract size for MXD from 5 acres to 4.16 acres (§708.20 H) 3.Variance to waive the recreation area of 1 acre per 50 units (or proportional percentage thereof), equivalent to 3.48 acres for this development (§708.20 B.9) 4.Variance to waive the requirement for a second entrance onto an arterial or collector street for a residential development containing more than 100 dwelling units (§730.01 A) Public Hearing (all parties sworn in) City of Marietta Page 3 Printed on 9/10/2024 4:29:13PM CITY COUNCIL Meeting Agenda September 11, 2024 20240684 Z2024-19 [REZONING] JAIRAM, INC. Z2024-19 [REZONING] JAIRAM, INC. is requesting the rezoning of 2.15 acres located in Land Lot 0574, District 17, Parcel 0230, 2nd Section, Marietta, Cobb County, Georgia, and being known as 637 Cobb Parkway South from OI (Office Institutional) to OI (Office Institutional) with an additional use (motel). Ward 1A. Planning Commission recommends Approval A motion was made by Ms. McCrae, seconded by Mr. Hunter, to recommend approval of the request as submitted. The motion carried with a vote of 6-0-0. Should Council vote to approve the request, the following variances would be incorporated as conditions of zoning: 1. Variance to decrease the distance required between a hotel (and/or motel) from 300 feet to 75 feet [§708.23 (B.13.a.)] Public Hearing (all parties sworn in) RESOLUTIONS: CITY ATTORNEY'S REPORT: * 20240834 Denial of Claim Denial of Claim for Daniel Heath. * 20240835 Denial of Claim Denial of Claim for Kiesean Stephens. * 20240836 Denial of Claim Denial of Claim for Alyssa Coleman. CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: 1. Economic/Community Development: Andre L. Sims, Chairperson City of Marietta Page 4 Printed on 9/10/2024 4:29:13PM CITY COUNCIL Meeting Agenda September 11, 2024 * 20240748 Light Post Banners Motion to approve the hanging of branded light post banners around the Square of Marietta, until January 31, 2025. Council Member Goldstein disclosed that he serves on the Visit Marietta Board, as Council Appointee. 2. Finance/Investment: Joseph R. Goldstein, Chairperson 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. Motion to Table * 20240760 Request to Advertise Rezoning - 373 Allgood Road Motion to authorize the advertising of the rezoning of 373 Allgood Road from NRC (Neighborhood Retail Commercial) to R-4 (Single Family Residential - 4 units/acre). * 20240797 Code Amendment - CRC, RRC Motion to authorize staff to advertise amendments to Section 708.16 CRC, Community Retail Commercial, and Section 708.17, Regional Retail Commercial. City of Marietta Page 5 Printed on 9/10/2024 4:29:13PM CITY COUNCIL Meeting Agenda September 11, 2024 20240544 City Charter Revision Motion to approve the 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). Second Reading Public Hearing 20240479 Code Amendments - Division 728 Platting Procedures Motion to authorize staff to advertise proposed amendments to the Platting Procedures section of the Zoning Ordinance (Division 728), as well as proposed minor amendments to Division 724, Definition of Terms; Section 708.09, Planned Residential Development - Single Family; Section 708.14, Planned Residential Development - Multifamily; Section 708.19, Planned Commercial Development; Section 708.20, Mixed Use Development; and Section 708.28, Planned Industrial Development. 20240749 Revised Detailed Plan - Bluffs at Bells Ferry Motion to approve the request to modify the detailed plan to allow the Bluffs at Bells Ferry to become a gated community. The following will be required: 1. Update of the final plat and restrictive covenants. 2. Completion of Release and Indemnification Agreement to the City. 3. Variance to reduce the guest parking area provided from a ratio of 0.2 spaces per dwelling unit to 0.15 spaces per dwelling unit (resulting in the loss of three guest parking spaces) [§708.09 (B.1.e)]. 4. Variance to waive the requirement for a subdivision entrance fence to have columns (composed of brick, stone or stucco) [§710.04 (D.3.)]. 4. Parks, Recreation and Tourism: Johnny Walker, Chairperson * 20240793 Revision to City of Marietta Fee Chart Motion to approve amending the City Fee Chart to comply with 2024 Service Delivery Strategy agreement. City of Marietta Page 6 Printed on 9/10/2024 4:29:13PM CITY COUNCIL Meeting Agenda September 11, 2024 * 20240771 City Club Fees Motion to approve a new fee structure for City Club, Marietta. 5. Personnel/Insurance: Cheryl Richardson, Chairperson * 20240745 2025 Employee Group Benefits Program Administration Motion approving the renewal of group health and dental plan administration with Anthem Blue Cross and Blue Shield, renewing stop-loss coverage with Voya, renewing the retiree Medicare Advantage plan with Aetna, renewal of pharmacy benefit management services with Express Scripts, renewing the life and disability insurance with MetLife, and the renewal of the administrative services agreements with all other employee-funded ancillary providers for calendar year 2025. Council Member Cheryl Richardson disclosed a conflict of interest as she is an authorized attorney for ARAG, which provides legal services as a benefit to City employees 6. Public Safety Committee: M. Carlyle Kent, Chairperson 7. Public Works Committee: Grif Chalfant, Chairperson * 20240761 Austin Avenue Speed Study Motion authorizing Public Works to conduct the speed study of Austin Avenue from Lawrence Street to Skyview Drive to determine if traffic calming devices are needed. Ward 1A. * 20240762 South Woodland Drive Speed Study Motion authorizing Public Works to conduct the speed study of South Woodland Drive from North Woodland Drive to Redwood Drive to determine if traffic calming devices are needed. Wards 2B & 3A. * 20240763 Polk Street Utilities Motion authorizing variance from the underground utility’s ordinance allowing a new support pole in the right-of-way at 462 Polk Street. This motion does not grant a perpetual variance. Marietta Power must relocate underground at their expense if other utilities at the location are moved underground. Ward 3A. City of Marietta Page 7 Printed on 9/10/2024 4:29:13PM CITY COUNCIL Meeting Agenda September 11, 2024 * 20240764 Donation of Right-of-Way Motion authorizing the Public Works to receive the donation of 1,625 square feet of right-of-way located at 321 Garrison Drive per the Quitclaim Deed from Total Home Construction Inc. Ward 1A. 20240765 Stream Buffer Variance Request Motion authorizing a 2,517 square foot stream buffer encroachment variance to the 75-foot no impervious stream buffer and a 919 square foot encroachment variance to the 50-foot undisturbed stream buffer at 417 Rigby Street with the additional stipulation that a $5,000 cash bond be posted by the applicant, prior to the issuance of a land disturbance permit, for the mitigation plantings and that a one-year survival inspection of the plantings be conducted and approved by Public Works prior to the release of the bond. Ward 5A. Public Hearing Required OTHER BUSINESS: City of Marietta Page 8 Printed on 9/10/2024 4:29:13PM CITY COUNCIL Meeting Agenda September 11, 2024 20240342 V2024-17 [VARIANCE] NORTHCUTT TREE SERVICE, LLC. V2024-17 [VARIANCE] NORTHCUTT TREE SERVICE, LLC. is requesting variances for property zoned CRC (Community Retail Commercial) located in Land Lot 259, District 19, Parcel 0110, 2nd Section, Marietta, Cobb County, Georgia, and being known as 1312 Powder Springs Street. Ward 2B. 1. Variance to waive outdoor storage requirements for a commercial landscaper. [§708.16 (22.a)] 2. Variance to allow a commercial landscaper to operate within 200 feet of property zoned single family residential. [§708.16 (22.b)] 3. Variance to allow an accessory storage building without a principal building. [§708.16 (F.4)] 4. Variance to allow outdoor storage as a primary use on property zoned CRC. [§708.16 (G.1.a)] 5. Variance to allow outdoor storage without a principal structure. [§708.16 (G.1.b)] 6. Variance to allow more than 25% of the total lot to be used for outdoor storage. [§708.16 (G.1.c)] 7. Variance to allow outdoor storage within 50 feet of residential property. [§708.16 (G.1.d)] 8. Modification of variances granted under #20100066 (V2010-03). 9. Variance to disturb and reduce the 40-foot buffer to 20 feet adjacent to a residential district. [§708.16 (I)] 10. Variance to waive the site density factor [tree] requirement. [§712.08 (D.4)] 11. Variance to allow parking and driving on an unpaved surface. [§716.08 (A) & (B)] Public Hearing Required City of Marietta Page 9 Printed on 9/10/2024 4:29:13PM CITY COUNCIL Meeting Agenda September 11, 2024 20240824 Appeal of [VARIANCE] V2024-22 (20240605) CAPITAL CITY PROPERTIES, LLC. is requesting variances for property zoned R-4 (Single Family Residential - 4 units/acre) located in Land Lot 1214, District 16, Parcel 0880, 2nd Section, Marietta, Cobb County, Georgia, and being known as 695 Lawrence Street. Variance to reduce the minimum lot size for an ADU in R-4 from 12,500 square feet to 10,900 square feet; variance to reduce the required rear setback for an accessory dwelling unit from 23’-4” to 3’; variance to reduce the required side yard setback for an accessory dwelling unit from 10’ to 4’. Ward 1A Consideration of appeal filed by Peter Bright on behalf of Capital City Properties, LLC., regarding the July 29th, 2024, Board of Zoning Appeals decision for the property known as 695 Lawrence Street. The appeal hearing shall be conducted as set forth in Section 720.08 of the Code of Ordinances of the City of Marietta. Public Hearing All Parties Sworn In 20240820 MEAG Solar Power Purchase Contract/ 3rd Amendment Approval of the 3rd Amendment to the MEAG Solar Power Purchase Contract and to authorize the Mayor/ Chairman to execute this agreement permitting MEAG to progress in the contract negotiations on behalf of the Marietta City/BLW. * 20240807 Municipal Electric Authority of Georgia (MEAG) Annual Subscription for Supplemental Power 2025 Approval of the selection of (iv) for the Annual Subscription for Supplemental Power Supply nomination. * 20240846 FY25 City Budget Amendment/ Large Customer Motion to approve an amendment to the Fiscal Year 2025 City budget in the amount of $4.5 million relative to a new large electric customer. * 20240847 FY25 City Budget Amendment/ MBLW Waterworks Renovations Motion to amend the Fiscal Year 2025 City budget to fund the exterior renovations to the historical MBLW Waterworks (aka Campbell) building located at 426 Sessions Street in the amount of $221,364.00. City of Marietta Page 10 Printed on 9/10/2024 4:29:13PM CITY COUNCIL Meeting Agenda September 11, 2024 * 20240825 BLW Actions of September 9, 2024 Review and approval of the September 9, 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 9/10/2024 4:29:13PM