City Council

City of Marietta --205 Lawrence Street 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, September 11, 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 7:02 p.m. INVOCATION: Mayor Tumlin called upon Council member Sims to give the invocation. PLEDGE OF ALLEGIANCE: Everyone remained standing for the Pledge of Allegiance and the presenting of colors by the 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. Presented City of Marietta Page 1 Printed on 9/18/2024 4:56:32PM CITY COUNCIL Meeting Minutes September 11, 2024 PROCLAMATIONS: ANNOUNCEMENTS OF GENERAL COMMUNITY INFORMATION BY THE MAYOR, COUNCIL AND/OR CITY MANAGER: SCHEDULED APPEARANCES: 20240832 Scheduled Appearance Scheduled Appearance - Donald Barth. Present 20240837 Scheduled Appearance Scheduled Appearance - Kathy Slough. 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). Mayor Pro tem Johnny Walker briefly explained the consent agenda process. City Attorney Doug Haynie noted changes to the consent agenda. -under Judicial/Legislative: Agenda item 20240479 was added to the consent agenda, with Council member Goldstein voting against. -under Other Business: Agenda item 20240824 was amended to remove the public hearing. Agenda item 20240820 was added to the consent agenda. A motion was made by Council member Walker, seconded by Council member Richardson, to approve the consent agenda as modified. The motion carried by the following vote: Vote: 7 - 0 - 0 Approved MINUTES: * 20240814 Regular Meeting - August 14, 2024 Review and approval of the August 14, 2024 regular meeting minutes. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved City of Marietta Page 2 Printed on 9/18/2024 4:56:32PM CITY COUNCIL Meeting Minutes September 11, 2024 MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: ORDINANCES: 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 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 CRC (Community Retail Commercial) to MXD (Mixed Use Development). The applicant requested to rezone the subject property to construct a seven-story mixed-use building, comprised of retail on the ground floor and 174 residential condominiums. According to the application submitted, the following would be components of the proposed mixed-use building: retail space on the ground level; 174 condo units on floors 2-7; separate parking areas for retail customers and residents. The condo amenities would include a fitness center, recreation area, pool, and lounges and adequate stormwater management. City of Marietta Page 3 Printed on 9/18/2024 4:56:32PM CITY COUNCIL Meeting Minutes September 11, 2024 Those speaking regarding this matter: Don Barth Bill Sims Shawn Foster Kay Dias Seeing no one else wishing to speak, the public hearing was closed. A motion was made by Council member Morris, seconded by Council member Chalfant, to deny the rezoning of the property at 1250 and 1290 Bells Ferry Road from CRC (Community Retail Commercial) to MXD (Mixed Use Development). A substitute motion was made by Council member Kent, seconded by Council member Richardson, to approve the rezoning request of the property at 1250 and 1290 Bells Ferry Road from CRC (Community Retail Commercial) to MXD (Mixed Use Development), with the requested variances. The motion failed by the following vote: Vote: 3 – 4 – 0 Failed Voting Against: Grif Chalfant, Johnny Walker, Andy Morris, and Joseph R. Goldstein Mayor Tumlin called for a vote on the original motion. Motion to deny the rezoning of the property at 1250 and 1290 Bells Ferry Road from CRC (Community Retail Commercial) to MXD (Mixed Use Development). The motion was made by Council member Morris, seconded by Council member Chalfant, that this matter be Denied. The motion carried by the following vote: Vote: 4 – 3 – 0 Denied Voting Against: Cheryl Richardson, M. Carlyle Kent and Andre Sims 20240684 Z2024-19 [REZONING] JAIRAM, INC. Ord 8405 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) City of Marietta Page 4 Printed on 9/18/2024 4:56:32PM CITY COUNCIL Meeting Minutes September 11, 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 rezoning of the subject property from OI (Office Institutional) to OI (Office Institutional) with an additional use (motel). Parks Huff, representing the applicant, requested to rezone the subject property to allow the motel to maintain operation despite its nonconforming use (grandfathering) status being lost due to lapse in business license. Those speaking regarding this matter: Don Barth Seeing no one else wishing to speak, the public hearing was closed. Motion to approve the rezoning of the property at 637 Cobb Parkway South from CRC (Community Retail Commercial) to MXD (Mixed Use Development), with the variance to decrease the distance required between a hotel (and/or motel) from 300 feet to 75 feet. The motion was made by Council member Richardson, seconded by Council member Sims, that this matter be Approved. The motion carried by the following vote: Vote: 7 – 0 – 0 Approved RESOLUTIONS: CITY ATTORNEY'S REPORT: * 20240834 Denial of Claim Denial of Claim for Daniel Heath. This Matter was Approved to Deny on the Consent Agenda. Vote: 7 – 0 – 0 Approved to Deny Claim * 20240835 Denial of Claim Denial of Claim for Kiesean Stephens. This Matter was Approved to Deny on the Consent Agenda. Vote: 7 – 0 – 0 Approved to Deny Claim City of Marietta Page 5 Printed on 9/18/2024 4:56:32PM CITY COUNCIL Meeting Minutes September 11, 2024 * 20240836 Denial of Claim Denial of Claim for Alyssa Coleman. 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 * 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. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved 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 This Matter was Approved to Table on the Consent Agenda. Vote: 7 – 0 – 0 Tabled City of Marietta Page 6 Printed on 9/18/2024 4:56:32PM CITY COUNCIL Meeting Minutes September 11, 2024 * 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). This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved for Advertisement * 20240797 CA2024-05 [CODE AMMENDMENT] Proposal to amend the Comprehensive Development Code of the City of Marietta, Division 708, District Standards and Permitted Uses, Section 708.16, CRC, Community Retail Commercial and Section 708.17, RRC, Regional Retail Commercial. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved for Advertisement 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 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 * 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. City of Marietta Page 7 Printed on 9/18/2024 4:56:32PM CITY COUNCIL Meeting Minutes September 11, 2024 This Matter was Approved on the Consent Agenda. Vote: 6 – 1 – 0 Approved for Advertisement Voting Against: Joseph R. Goldstein 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.)]. The motion was made by Council member Morris, seconded by Council member Chalfant, that this matter be Approved. The motion carried by the following vote: Vote: 6 – 1 – 0 Approved Voting Against: Joseph R. Goldstein 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. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 20240771 City Club Fees Res 1738 Motion to approve a new fee structure for City Club, Marietta. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved 5. Personnel/Insurance: Cheryl Richardson, Chairperson City of Marietta Page 8 Printed on 9/18/2024 4:56:32PM CITY COUNCIL Meeting Minutes September 11, 2024 * 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. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved 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. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 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. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 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 9 Printed on 9/18/2024 4:56:32PM CITY COUNCIL Meeting Minutes September 11, 2024 This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 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. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved 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 City Attorney Doug Haynie opened the public hearing and called forward those wishing to speak. Public Works Director Mark Rice presented information regarding the Stream Buffer Variance Request at 417 Rigby Street. The applicant requested a variance for the above referenced property for the construction of a single-family residence on the property. Seeing no one wishing to speak, the public hearing was closed. The motion was made by Council member Kent, seconded by Council member Goldstein, that this matter be Approved. The motion carried by the following vote: Vote: 7 – 0 – 0 Approved OTHER BUSINESS: 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 City of Marietta Page 10 Printed on 9/18/2024 4:56:32PM CITY COUNCIL Meeting Minutes September 11, 2024 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)] City Attorney Doug Haynie opened the public hearing and called forward those wishing to speak. Rusty Roth, Development Services Director, presented information regarding the variance request for property located at 1312 Powder Springs Street. Adam Rozen, representing the applicant, requested the variances to allow the applicant’s company, Northcutt Tree Service, LLC, to use 1312 Powder Springs Street for storage of heavy-duty equipment and vehicles related to his commercial landscaping business. Seeing no one wishing to speak, the public hearing was closed. Motion to approve the following variances and stipulations related to property located at 1312 Powder Springs Street: 1. Variance to waive outdoor storage requirements for a commercial landscaper. 2. Variance to allow a commercial landscaper to operate within 200 feet of property zoned single family residential. 3. Variance to allow an accessory storage building without a principal building. 4. Variance to allow outdoor storage as a primary use on property zoned CRC. 5. Variance to allow outdoor storage without a principal structure. 6. Variance to allow more than 25% of the total lot to be used for outdoor storage. 7. Variance to allow outdoor storage within 50 feet of residential property. 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. City of Marietta Page 11 Printed on 9/18/2024 4:56:32PM CITY COUNCIL Meeting Minutes September 11, 2024 10. Variance to waive the site density factor [tree] requirement. 11. Variance to allow parking and driving on an unpaved surface. Motion to approve the variances subject to the attached letter from Adam J. Rozen to Shelby Little dated September 11, 2024, with the following conditions: 1. 1. The removal of stipulation #1 in its entirety. 2. 2. The replacement of the existing 6’ fence with a new 8’ fence (as presented in the meeting) and plantings be completed within the next 90 days. The motion was made by Council member Chalfant, seconded by Council member Walker, that this matter be Approved. The motion carried by the following vote: Vote: 6 – 1 – 0 Approved as Amended Voting Against: M. Carlyle Kent 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 Motion to approve the request to withdraw the Appeal of Variance V2024-22 (20240605) Capital City Properties, LLC. The motion was made by Council member Richardson, seconded by Council member Goldstein, that this matter be Approved. The motion carried by the following vote: Vote: 7 – 0 – 0 Withdrawn * 20240820 MEAG Solar Power Purchase Contract/ 3rd Amendment c/a 5275 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. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved City of Marietta Page 12 Printed on 9/18/2024 4:56:32PM CITY COUNCIL Meeting Minutes September 11, 2024 * 20240807 Municipal Electric Authority of Georgia (MEAG) Annual Subscription for Supplemental Power 2025 c/a 5274 Approval of the selection of (iv) for the Annual Subscription for Supplemental Power Supply nomination. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 20240846 FY25 City Budget Amendment/ Large Customer Ord 8404 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. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 20240847 FY25 City Budget Amendment/ MBLW Waterworks Renovations Ord 8400 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. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 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. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved UNSCHEDULED APPEARANCES: Those addressing the City Council: Shawn Foster Tracy Stevenson Rebecca Roberts City of Marietta Page 13 Printed on 9/18/2024 4:56:32PM CITY COUNCIL Meeting Minutes September 11, 2024 ADJOURNMENT: The meeting was adjourned at 8:37 p.m. Date Approved: October 9, 2024 _________________________________ R. Steve Tumlin, Mayor Attest: ___________________________ Stephanie Guy, City Clerk City of Marietta Page 14 15 Printed on 9/18/2024 4:56:32PM