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 G. A. (Andy) Morris, Ward 4 Reggie Copeland, Ward 5 Michelle Cooper Kelly, Ward 6 Joseph R. Goldstein, Ward 7 Wednesday, January 13, 2021 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Reggie Copeland, Ward 5 PLEDGE OF ALLEGIANCE: PRESENTATIONS: 20210071 SCLC Presentation Presentation of a Leadership Award by the Southern Christian Leadership Conference (SCLC) in conjunction with Martin Luther King Day. PROCLAMATIONS: ANNOUNCEMENTS OF GENERAL COMMUNITY INFORMATION BY THE MAYOR, COUNCIL AND/OR CITY MANAGER: SCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes. 20201053 Scheduled Appearance Scheduled Appearance - Donald Barth City of Marietta Page 1 Printed on 1/12/2021 2:51:53PM CITY COUNCIL Meeting Agenda January 13, 2021 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). 20210056 Veto of Item #20200811 Veto for item #20200811 (Reef Kitchens). MINUTES: * 20210001 Regular Meeting - December 9, 2020 Review and approval of the December 9, 2020 regular meeting minutes. MAYOR’S APPOINTMENTS: (for informational purposes only) * 20210002 Mayor Pro tem Appointment of Johnny Walker as Mayor Pro tem until the Organization meeting in January 2022. * 20210003 Presiding Officer Appointment of Reggie Copeland as Presiding Office/Parliamentarian until the Organization meeting in January 2022. * 20210004 Economic/Community Development Committee Appointment of Johnny Walker as Chairman, Grif Chalfant as Vice Chair and Andy Morris to the Economic/Community Development Committee until the Organization meeting in January 2022. * 20210005 Finance/Investments Committee Appointment of Joseph R. Goldstein as Chairman, Reggie Copeland as Vice Chair and Michelle Cooper Kelly to the Finance/Investments Committee until the Organization meeting in January 2022. City of Marietta Page 2 Printed on 1/12/2021 2:51:53PM CITY COUNCIL Meeting Agenda January 13, 2021 * 20210006 Judicial/Legislative Committee Appointment of Andy Morris as Chairman, Cheryl Richardson as Vice Chair and Joseph R. Goldstein to the Judicial/Legislative Committee until the Organization meeting in January 2022. * 20210007 Parks, Recreation & Tourism Committee Appointment of Michelle Cooper Kelly as Chairman, Andy Morris as Vice Chair and Reggie Copeland to the Parks, Recreation and Tourism Committee until the Organization meeting in January 2022. * 20210008 Personnel/Insurance Committee Appointment of Cheryl Richardson as Chairman, Joseph R. Goldstein as Vice Chair and Grif Chalfant to the Personnel/Insurance Committee until the Organization meeting in January 2022. * 20210009 Public Safety Committee Appointment of Reggie Copeland as Chairman, Johnny Walker as Vice Chair and Cheryl Richardson to the Public Safety Committee until the Organization meeting in January 2022. * 20210010 Public Works Committee Appointment of Grif Chalfant as Chairman, Michelle Cooper Kelly as Vice Chair and Johnny Walker to the Public Works Committee until the Organization meeting in January 2022. * 20210050 Marietta Historic Board of Review Mayor’s Appointment Appointment of Christopher G. Brown to the Marietta Historic Board of Review as the Mayor’s Appointment, for a two (2) year term, expiring January 11, 2023. CITY COUNCIL APPOINTMENTS: * 20200985 Planning Commission Appointment - Ward 7 Reappointment of Stephen Diffley to the Planning Commission for a 3-year term, expiring January 10, 2024. Stephen Diffley has been on the board since January 2009. City of Marietta Page 3 Printed on 1/12/2021 2:51:53PM CITY COUNCIL Meeting Agenda January 13, 2021 * 20201046 Cobb Municipal Association 2021 Delegates Appointment of Grif Chalfant and Stephanie Guy as the voting delegates for the Cobb Municipal Association (CMA) business meetings. * 20201048 National League of Cities 2021 Delegates Appointment of Joseph R. Goldstein as the voting delegate and Reggie Copeland as the alternate voting delegate for the NLC business meetings. ORDINANCES: 20200888 Z2020-32 [REZONING] CAPITAL CITY BANK Z2020-32 [REZONING] CAPITAL CITY BANK is requesting the rezoning of 1.19 acres located in Land Lots 1217 & 1232, District 16, Parcels 1450, 1470, 0740, 0750, 0670 of the 2nd Section, Cobb County, Georgia, and being known as 225, 237 & 251 Roswell Street and 311 & 313 Anderson Street from CRC (Community Retail Commercial) and OI (Office Institutional) to CRC (Community Retail Commercial). Ward 5A. The Planning Commission recommends Approval as Stipulated. Mr. McClure made a motion, seconded by Mr. Anderson to recommend approval as stipulated. The motion carried 6-0-0. If Council approves the rezoning, the following stipulations and variances would be incorporated as conditions of zoning: 1. Letter of stipulations from Moore, Ingram, Johnson & Steele, to Shelby Little, Planning & Zoning Manager, for the City of Marietta, dated January 5, 2021with the condition that Variance 3(a) be limited to the design presented in Exhibit “A.”. Public Hearing (all parties are sworn in) City of Marietta Page 4 Printed on 1/12/2021 2:51:53PM CITY COUNCIL Meeting Agenda January 13, 2021 20201000 Z2021-01 [REZONING] JERRY & ANGELA PFEUFFER Z2021-01 [REZONING] JERRY & ANGELA PFEUFFER are requesting the rezoning of 0.59 acres located in Land Lot 1289, District 16, Parcel 0310 of the 2nd Section, Cobb County, Georgia, and being known as 391 Atlanta Street from OI (Office Institutional) to R-4 (Single Family Residential - 4 units/acre). Ward 1A. The Planning Commission recommends Approval as Stipulated. Mr. Davis made a motion, seconded by Ms. McCrae to recommend approval as stipulated. The motion carried 6-0-0. If Council approves the rezoning, the following variance would be incorporated as conditions of zoning: 1. Variance to allow the use of gravel as an acceptable driving and parking surface. [§716.08 (A & B)] Public Hearing (all parties are sworn in) RESOLUTIONS: CITY ATTORNEY'S REPORT: CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: 1. Economic/Community Development: Johnny Walker, Chairperson 2. Finance/Investment: Joseph R. Goldstein, Chairperson * 20200977 Tree Preservation Fund Motion to approve an Ordinance amending the Fiscal Year 2021 Tree Preservation Fund budget to receive and appropriate a payment of $8,882.50 from White Circle Holdings LLC for 1705 White Circle. City of Marietta Page 5 Printed on 1/12/2021 2:51:53PM CITY COUNCIL Meeting Agenda January 13, 2021 20201055 Marietta Hilton Conference Center & Hotel Motion to approve the Sixth Modification to the Lease Agreement with Marietta Leasehold L.P./Remington Hotel Management for the Marietta Hilton Conference Center & Hotel. 3. Judicial/Legislative: G. A. (Andy) Morris, Chairperson * 20200951 Amending Consolidated Retirement Plan Motion to approve an ordinance removing the following clause from Article V, Section 9 of the Consolidated Retirement Plan: “In the event a participant is involuntarily terminated for reasons other than willful misconduct, he shall be eligible to retire at any time after attaining his early retirement date, provided he has at least 20 years of credited service on the date he terminates his employment.” Item forwarded for consideration by the Pension Board. Second Reading * 20201034 City of Marietta 2021 General Election Motion to approve an Ordinance to provide for the establishment of qualifying fees for the office of Mayor and the office of Council for the city of Marietta, Georgia and to provide for the opening and closing dates for filing notice of candidacy by candidates. 20201044 Transient Vendors and Temporary Businesses During Pandemic Based upon the Charter and laws of the City of Marietta, the Mayor and Council hereby designate and authorize the City Manager for the City of Marietta to grant and/or approve temporary business licenses for Transient Vendors and Temporary Businesses to operate on a temporary basis as a result of the State-Issued State of Emergency, in accordance with Section 2.16 (7) of the City Charter in order to protect the safety, health or well-being of the citizens of the City. 20201049 MEAG Solar Initiative - Power Purchase Contract Motion to approve the concept of the Participant Power Purchase Contract submitted by MEAG for Marietta to purchase 3 megawatts of solar power generation. This motion expresses the intent of the City to add this solar power resource to the City/BLW generation mix. City of Marietta Page 6 Printed on 1/12/2021 2:51:53PM CITY COUNCIL Meeting Agenda January 13, 2021 4. Parks, Recreation and Tourism: Michelle Cooper Kelly, Chairperson * 20201051 Marietta High School Fence Art Display Motion to approve Marietta High School for the installation of art panels along the M2R Trail. 5. Personnel/Insurance: Cheryl Richardson, Chairperson * 20201056 FY 2021 Amendment to City/BLW Compensation and Classification System documents Motion approving an ordinance to amend the FY 2021 City of Marietta/BLW General Fund Position Allocation Chart and the Compensation, Position Classification, and Police and Fire Career Development Plans effective no earlier than the pay period beginning December 27, 2020, and retroactive to that date. * 20201057 City Employee Health Care Benefits Motion to approve an extension of previously approved motion authorizing the Director of Human Resources to coordinate with Anthem Blue Cross and Blue Shield to eliminate cost shares for employee members if they received treatment for COVID-19 from doctors, hospitals, and other health care professionals from the start of the declaration of the national emergency by the President of the United States with an expiration date at the earlier of the end of the national emergency or on June 30, 2021, with a review to occur at the June 9, 2021, Council meeting. 6. Public Safety Committee: Reggie Copeland, Chairperson 7. Public Works Committee: Grif Chalfant, Chairperson * 20201030 Matthews Circle Speed Study Motion authorizing Public Works to conduct the speed study of Matthews Circle, from James Street to Blanche Drive, to determine if traffic calming devices are needed. City of Marietta Page 7 Printed on 1/12/2021 2:51:53PM CITY COUNCIL Meeting Agenda January 13, 2021 * 20201031 Reynolds Street Mid-Block Crossing Motion to install a mid-block crossing on Reynolds Street as part of an ADA sidewalk improvement. This crossing will require the installation of thermoplastic crosswalk pavement markings, crosswalk ahead signage, Rapid Flashing Beacons, and two (2) ADA ramp improvements on the existing sidewalks. The estimated cost for this installation, including materials and equipment, is $31,000.00 and will be funded from the 2016 SPLOST General Street & Drainage account. * 20201032 Special Pavement Paintings on Polk Street Motion approving the request by the Marietta City Schools and Marietta High School to: 1) install special pavement paintings on Polk Street between Cleburne Avenue and Winn Street; 2) approval of the Maintenance Agreement; and 3) approval to allow the City to perform street or utility work without any responsibility to repair or replace the special pavement paintings and said agreement allows the City to request removal, in writing, of the special pavement paintings within 30 days. Council Member Cheryl Richardson Opposed OTHER BUSINESS: 20210055 Final Plat - Kirk Ridge (1725 Stilesboro Road) Motion to approve the final plat for Kirk Ridge (Traton Homes) which consists of thirty-seven (37) age restricted single family detached homes at 1725 Stilesboro Road. * 20210054 Annual Financial Audit Report FY2020 Motion to receive and file the FY2020 Annual Financial Audit Report. * 20210059 Safety and Workers’ Compensation Policy Motion to approve an ordinance amending Section 4-4-30-020 of the Municipal Code of Marietta regarding employee compensation for on-the-job injuries after the first 90 days of lost time. First Reading City of Marietta Page 8 Printed on 1/12/2021 2:51:53PM CITY COUNCIL Meeting Agenda January 13, 2021 20201060 Authorization to Advertise Property Motion authorizing the advertisement for sale of a portion of 273 Hunt St. 20210046 Closure and Abandonment of a Portion of Washington Avenue within the City of Marietta Motion authorizing the abandonment and sale of the unused Washington Avenue right of way identified as parcel number 16121301020 to Woodside Industrial Park LLC for $5,225.00 who submitted the highest bid for such property described in Exhibit “A” hereof. This motion authorizes the Mayor and City Clerk to execute the Quitclaim Deed and any other documents required to carry out this motion. Public Hearing 20210047 Closure and Abandonment of a Portion of Tower Road within the City of Marietta Motion authorizing the abandonment and sale of unused Tower Road right of way identified as Tracts 3a and 3b to Mr. Art Wiggins for $3,000.00 who submitted the highest bid for such property described in Exhibit “A” hereof. This motion authorizes the Mayor and City Clerk to execute the Quitclaim Deed and any other documents required to carry out this motion. Public Hearing 20210048 BLW Actions of January 11, 2021 Review and approval of the January 11, 2021 actions and minutes of Marietta Board of Lights and Water. UNSCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes. ADJOURNMENT: City of Marietta Page 9 Printed on 1/12/2021 2:51:53PM