GA - Marietta: Special Called City Council Meeting

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Special Called City Council Meeting

Agenda

021220RM.PDF

Z2020-03 W Dixie Ave 224

Z2020-03 W DIXIE AVE 224.PDF

Z2020-04 SLUP Birney St 460

Z2020-04 SLUP BIRNEY ST 460.PDF

V2020-06 Cherokee St 191-Rev

V2020-06 CHEROKEE ST 191-REV.PDF

V2020-07 Kennesaw Ave 855

V2020-07 KENNESAW AVE 855.PDF

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CITY COUNCIL

Tagged Interests: council

City of Marietta

Meeting Agenda

205 Lawrence Street

Tagged Interests: streets

Post Office Box 609

Marietta, Georgia 30061

R. Steve Tumlin, Mayor

Cheryl Richardson, Ward 1

Grif Chalfant, Ward 2

Johnny Walker, Ward 3

G. A. (Andy) Morris, Ward 4

Reggie Copeland, Ward 5

Michelle Cooper Kelly, Ward 6

Joseph R. Goldstein, Ward 7

Council Chamber 7:00 PM Wednesday, February 12, 2020

Tagged Interests: council

CALL TO ORDER:

INVOCATION:

Council Member Cheryl Richardson, Ward 1

Tagged Interests: council

PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

20200066 Vanderlande

Recognition of Vanderlande for their donation of 21 new mattresses to the Marietta Fire

Tagged Interests: recognition, donation, and Donation

Department.

20200117 Rugby ATL

Presentation from Mayor Tumlin and Council Member Cheryl Richardson to Welcome and

Tagged Interests: council

Celebrate Rugby ATL our newest Major League sports team affiliated within our City.

Tagged Interests: sports

PROCLAMATIONS:

Tagged Interests: recognition

ANNOUNCEMENTS OF GENERAL COMMUNITY INFORMATION BY THE MAYOR,

COUNCIL AND/OR CITY MANAGER:

Tagged Interests: council, administrator, and manager

Page 1 City of Marietta Printed on 2/11/2020 11:56:03AM

February 12, 2020 CITY COUNCIL Meeting Agenda

SCHEDULED APPEARANCES:

Each speaker is allotted five (5) minutes.

20200105 Scheduled Appearance

Scheduled Appearance - William Dunaway.

20200125 Scheduled Appearance

Scheduled Appearance - Dr. H. Benjamin Williams

20200126 Scheduled Appearance

Scheduled Appearance - Sally Riddle

20200128 Scheduled Appearance

Scheduled Appearance - Larry Wills

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

Tagged Interests: council and hearing

that require a public hearing (also noted on agenda).

Tagged Interests: hearing

MINUTES:

* 20200096 Regular Meeting - January 8, 2020

Review and approval of the January 8, 2020 regular meeting minutes.

Council Member Richardson abstaining

Tagged Interests: council

* 20200097 Executive Session Minutes

Review and approval of the following executive session minutes:

December 10, 2018 Agenda Work Session

December 19, 2018 Special Called City Council Meeting

January 31, 2019 Special Called Agenda Work Session

March 7, 2019 Agenda Work Session

March 13, 2019 Agenda Review Session

MAYOR S APPOINTMENTS:

Tagged Interests: appointments

Page 2 City of Marietta Printed on 2/11/2020 11:56:03AM

February 12, 2020 CITY COUNCIL Meeting Agenda

CITY COUNCIL APPOINTMENTS:

Tagged Interests: council and appointments

* 20200050 Marietta Welcome Center Visitors Bureau Appointment

Tagged Interests: appointments

Appointment of Joseph R. Goldstein as Council Representative to the Marietta Welcome

Tagged Interests: council and appointments

Center Visitors Bureau for a two-year term.

Council Member Goldstein abstaining

Tagged Interests: council

* 20200106 Marietta Civil Service Board - Post 5

Appointment of Philip Hynninen to the Marietta Civil Service Board (Post 5), for a

Tagged Interests: appointments

one-year term expiring January 31, 2021.

ORDINANCES:

Tagged Interests: ordinance

20191115 Z2020-03 [REZONING] PETER VARLJEN

Tagged Interests: zoning

Z2020-03 [REZONING] PETER VARLJEN is requesting the rezoning of 0.36 acres

Tagged Interests: zoning

located in Land Lot 287, District 17, Parcel 0090 of the 2nd Section, Cobb County,

Tagged Interests: property

Georgia, and being known as 224 West Dixie Avenue from OIT (Office Institution

Transitional) to R-4 (Single Family Residential - 4 units/acre). Ward 1A.

Mr. Diffley made a motion, seconded by Mr. Hunter to recommend approval as submitted.

The motion carried 7-0-0.

If Council approves the rezoning, the following variance would be incorporated as conditions of zoning:

Tagged Interests: council and zoning

Variance: Variances to allow the garage to remain in place and as-is. [ 708.04 (F)]

Public Hearing (All parties sworn in)

Tagged Interests: hearing

Page 3 City of Marietta Printed on 2/11/2020 11:56:03AM

February 12, 2020 CITY COUNCIL Meeting Agenda

20191202 Z2020-04 [SPECIAL LAND USE PERMIT] TURNER HILL COMMUNITY DEVELOPMENT CORPORATION

Tagged Interests: development, Development, and community development

Z2020-04 [SPECIAL LAND USE PERMIT] TURNER HILL COMMUNITY

DEVELOPMENT CORPORATION is requesting a Special Land Use Permit for 0.299

Tagged Interests: development and Development

acres located in Land Lot 1143, District 16, Parcel 0520, 2nd Section, Marietta, Cobb

Tagged Interests: property

County, Georgia, and being known as 460 Birney Street (aka 462 Birney Street) from R-4

Tagged Interests: streets

(Single Family Residential - 4 units/acre) to R-4 (Single Family Residential - 4 units/acre)

with a special land use permit for a halfway house. Ward 5A.

Mr. Diffley made a motion, seconded by Ms. McCrae, to recommend approval as stipulated.

The motion carried 4-3-0. Mr. Anderson, Mr. Davis and Mr. McClure opposed.

If Council approves the Special Land Use Permit, the following stipulation would be

Tagged Interests: council

incorporated as conditions of the Special Land Use Permit:

Stipulation: The Special Land Use Permit shall expire if the property is sold.

Tagged Interests: property

Public Hearing (All parties sworn in)

Tagged Interests: hearing

RESOLUTIONS:

CITY ATTORNEY'S REPORT:

Tagged Interests: legal

CITY MANAGER'S REPORT:

Tagged Interests: administrator and manager

MAYOR'S REPORT:

COMMITTEE REPORTS:

1. Economic/Community Development: Johnny Walker, Chairperson

Tagged Interests: development, Development, and community development

2. Finance/Investment: Joseph R. Goldstein, Chairperson

Tagged Interests: finance and investment

3. Judicial/Legislative: G. A. (Andy) Morris, Chairperson

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February 12, 2020 CITY COUNCIL Meeting Agenda

* 20191153 Smoking in Outdoor Cafes

Tagged Interests: restaurants, Smoking, and smoking

Motion to approve the amendments to Chapter 8-39, Outdoor Cafes, to restrict smoking in

Tagged Interests: restaurants, Smoking, and smoking

encroachment areas.

Tagged Interests: encroachment

First Reading

Council member Goldstein disclosed that members of his family and entities owned by

Tagged Interests: council

himself and family members within the proposed no smoking district.

Tagged Interests: Smoking and smoking

* 20200132 No Smoking District

Tagged Interests: Smoking and smoking

Motion to approve the amendment to Chapter 10-4-210, Smoking prohibited, for the

Tagged Interests: Smoking and smoking

establishment of the downtown No Smoking District.

Tagged Interests: downtown, Smoking, and smoking

First Reading

Council member Goldstein disclosed that members of his family and entities owned by

Tagged Interests: council

himself and family members within the proposed no smoking district.

Tagged Interests: Smoking and smoking

4. Parks, Recreation and Tourism: Michelle Cooper Kelly, Chairperson

Tagged Interests: tourism, parks, and recreation

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February 12, 2020 CITY COUNCIL Meeting Agenda

20200048 2020 Street Closure Requests

Tagged Interests: streets and street closure

Motion to approve the street closures needed to conduct special events during the 2020

Tagged Interests: streets, events, and street closure

Calendar Year as presented; and, to approve the Taste of Marietta, Art in the Park and

Tagged Interests: arts and parks

Chalktoberfest as city-sanctioned events and to permit alcohol sales and consumption for

Tagged Interests: alcohol, sale, and events

those events in accordance with the applicable portions of City Code Section 10-04-070.

Tagged Interests: events

Street Closures:

Tagged Interests: streets and street closure

Glover Park Concert Series

Tagged Interests: parks

Taste of Marietta

May-retta Daze Spring Arts and Crafts Festival

Tagged Interests: arts and festival

Juneteenth

Fourth in the Park

Tagged Interests: parks

Art in the Park

Tagged Interests: arts and parks

Marietta Reads

Marietta StreetFest

Cruisin at The Strand with the Creepers

Chalktoberfest

HarvestFest

MUST Ministries Gobble Jog

Alcohol Requests:

Tagged Interests: alcohol

Taste of Marietta

Art in the Park

Tagged Interests: arts and parks

Chalktoberfest

Council Member Goldstein disclosed that the Friends of the Strand is a tenant of Herbert S.

Tagged Interests: council and rental

Goldstein Family Limited Partnership. Philip Goldstein is an owner of the partnership and is

Council member Goldstein s father.

Tagged Interests: council

Council Member Goldstein discloses that he is a member of the Marietta Cobb Museum of Art.

Tagged Interests: council and arts

5. Personnel/Insurance: Cheryl Richardson, Chairperson

Tagged Interests: personnel and insurance

* 20200076 2020 City/BLW Line Worker Pay Plan Amendment

Motion approving an ordinance amending the 2020 City/BLW Line Worker Pay Plan.

Tagged Interests: ordinance

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February 12, 2020 CITY COUNCIL Meeting Agenda

* 20200035 2020 Appointed Officials Review

Tagged Interests: appointments

Motion approving an ordinance to set salaries of the following appointed officials payable

Tagged Interests: ordinance and appointments

in installments per city administrative procedures retroactive to January 1, 2020:

Tagged Interests: procedure

Administrative Assistant to the Mayor: 53,560 per year, and amendment of the associated

employment agreement.

Tagged Interests: employment

City Clerk: 80,017.60 per year. City Manager: 228,259.20 per year, and amendment of the associated

Tagged Interests: administrator and manager

employment agreement.

Tagged Interests: employment

BLW General Manager: 143,208.00 per year. Municipal Court Judge: 72,883.20 per year, and the associated employment

Tagged Interests: legal, employment, manager, judge, and court

agreement.

Prosecuting Attorney: 69,305.60 per year, and the associated employment agreement.

Tagged Interests: legal and employment

Additionally, the compensation of the position of Associate Judge shall be set at 250.00

Tagged Interests: compensation, legal, and judge

per session effective upon passage and not retroactive. The compensation of the position of

Tagged Interests: compensation

Assistant Prosecuting Attorney shall be set at 225.00 per session effective upon passage

Tagged Interests: legal

and not retroactive.

6. Public Safety Committee: Reggie Copeland, Chairperson

Tagged Interests: public safety

* 20200065 Revisions to Marietta Fire Department Code

Tagged Interests: fire departments and districts

Motion to approve the revisions for the Marietta Fire Department for the Fire Prevention

Tagged Interests: fire departments and districts

and Protection Code.

7. Public Works Committee: Grif Chalfant, Chairperson

Tagged Interests: Public Works and public works

* 20200053 Lovena Drive SE Utilities

Tagged Interests: utility and Utility

Motion authorizing a variance from the Underground Utilities ordinance to allow the

Tagged Interests: ordinance, utility, and Utility

installation of fiber to be over lashed on existing fiber along Lovena Drive SE from South

Tagged Interests: Telecommunications and telecommunications

Marietta Parkway to Lucile Avenue SE. This motion does not grant a perpetual variance.

Tagged Interests: grant

MCIMetro/Verizon must relocate underground at their expense if other utilities at the

Tagged Interests: utility, Utility, Telecommunications, and telecommunications

location are moved underground.

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February 12, 2020 CITY COUNCIL Meeting Agenda

* 20200054 Barnes Mill Road Utilities

Tagged Interests: streets, utility, and Utility

Motion authorizing a variance from the Underground Utilities ordinance to allow the

Tagged Interests: ordinance, utility, and Utility

installation of fiber to be over lashed on existing fiber along Barnes Mill Road from

Tagged Interests: streets, Telecommunications, and telecommunications

Wallace Road to Coventry Township Place. This motion does not grant a perpetual

Tagged Interests: grant, streets, and health insurance

variance. MCIMetro/Verizon must relocate underground at their expense if other utilities at

Tagged Interests: utility, Utility, Telecommunications, and telecommunications

the location are moved underground.

* 20200055 Gresham Rd NE Utilities

Tagged Interests: utility and Utility

Motion authorizing a variance from the Underground Utilities ordinance to allow the

Tagged Interests: ordinance, utility, and Utility

installation of fiber to be over lashed on existing fiber along Gresham/Wallace Rd NE from

Tagged Interests: Telecommunications and telecommunications

Cobb Parkway North to North Marietta Parkway. This motion does not grant a perpetual

Tagged Interests: grant

variance. MCIMetro/Verizon must relocate underground at their expense if other utilities at

Tagged Interests: utility, Utility, Telecommunications, and telecommunications

the location are moved underground.

* 20200060 Gresham Avenue Utilities

Tagged Interests: utility and Utility

Motion authorizing a variance from the Underground Utilities ordinance to allow the

Tagged Interests: ordinance, utility, and Utility

installation of fiber to be over lashed on existing fiber along Gresham Avenue from

Tagged Interests: Telecommunications and telecommunications

Washington Avenue to North Cobb Parkway. This motion does not grant a perpetual

Tagged Interests: grant

variance. MCIMetro/Verizon must relocate underground at their expense if other utilities at

Tagged Interests: utility, Utility, Telecommunications, and telecommunications

the location are moved underground.

* 20200057 Lawrence Street Traffic Calming

Tagged Interests: streets and traffic

Motion authorizing Public Works to conduct the speed study of the Lawrence Street area

Tagged Interests: streets, Public Works, and public works

from Cole Street to Fairground Street to determine if traffic calming devices are needed.

Tagged Interests: streets and traffic

* 20200058 Roosevelt Circle Traffic Calming

Tagged Interests: traffic

Motion authorizing Public Works to conduct the speed study of the Roosevelt Circle area to

Tagged Interests: Public Works and public works

determine if traffic calming devices are needed.

Tagged Interests: traffic

* 20200059 Manning Road Traffic Calming

Tagged Interests: streets and traffic

Motion authorizing Public Works to conduct the speed study of the Manning Road area to

Tagged Interests: streets, Public Works, and public works

determine if traffic calming devices are needed.

Tagged Interests: traffic

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February 12, 2020 CITY COUNCIL Meeting Agenda

* 20200116 AT T

Motion to authorize and direct city staff and the city attorney to investigate and explore the

Tagged Interests: legal

methods to require AT T to comply with the underground utility ordinance of the city of

Tagged Interests: ordinance, utility, and Utility

Marietta and any other applicable ordinances of the city of Marietta in order to allow the

Tagged Interests: ordinance

Powder Springs Street Road project to proceed without further delay.

Tagged Interests: streets

* 20190773 2022 Proposed SPLOST

Motion to approve the Draft for the anticipated 2022 SPLOST for the projects for the City.

OTHER BUSINESS:

Tagged Interests: business

20191166 V2020-06 [VARIANCE] THE BOTTOMS GROUP, LLC (191 MARIETTA PROPERTIES, LLC)

V2020-06 [VARIANCE] THE BOTTOMS GROUP, LLC (191 MARIETTA

PROPERTIES, LLC)

is requesting variances for properties located in Land Lot 1159, District 16, Parcel 0540,

Tagged Interests: property

2nd Section of Cobb County, Marietta, Georgia and being known as 191 Cherokee Street.

Tagged Interests: streets

Ward 3A.

Variances: 1. Variance to reduce the minimum lot size from 20,000 sq.ft. to 10,200 sq.ft. [ 708.23 (H)]

2. Variance to reduce the front yard setback from 40 ft. to 12 ft. [ 708.23 (H)]

3. Variance to reduce the major side setback from 25 ft. to 6 ft. [ 708.23 (H)]

4. Variance to reduce the minor side setback from 15 ft. to 5.5 ft. [ 708.23 (H)]

5. Variance to allow new a/c units within 10 ft. of the property line. [ 708.23 (F.7.)]

Tagged Interests: property

6. Variance to allow a monument sign within 5 ft. of the property line. [ 714.04 (F.2.)]

Tagged Interests: property and monuments

7. Variance to waive the Commercial Corridor Overlay District-Tier B standards.

Tagged Interests: commercial and corridor

[ 712.09(G)]

8. Variance to waive 10-foot landscape strip on both frontages. [ 712.08 (G.2.)]

Tagged Interests: zoning and buildings and grounds

9. Variance to reduce the required parking ratio for professional office from 1 per 350 sq.ft. to

Tagged Interests: parking

1 per 369 sq.ft. [ 716.07 (E)]