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, May 12, 2021 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Grif Chalfant, Ward 2 PLEDGE OF ALLEGIANCE: PRESENTATIONS: 20210399 Atlanta Panthers SC Recognize the Atlanta Panthers Soccer Club of United Women’s Soccer. Team Owner - Bernadette “Bernie” Beale 20210447 Marietta Police Officers Recognition of the newest officers to the Marietta Police Department: Officer Lane Lindsay Officer Matthew Simmons Officer Christopher Roper PROCLAMATIONS: ANNOUNCEMENTS OF GENERAL COMMUNITY INFORMATION BY THE MAYOR, COUNCIL AND/OR CITY MANAGER: City of Marietta Page 1 Printed on 5/12/2021 1:30:56PM CITY COUNCIL Meeting Agenda May 12, 2021 SCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes, for a combined total of 20 minutes. 20210416 Scheduled Appearance Scheduled Appearance - Jesse Bonner 20210417 Scheduled Appearance Scheduled Appearance - Darryl Durham 20210418 Scheduled Appearance Scheduled Appearance - Stephen Dubois 20210449 Scheduled Appearance Scheduled Appearance - Richard Segars 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: * 20210424 Regular Meeting - April 14, 2021 Review and approval of the April 14, 2021 regular meeting. MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: * 20210394 Marietta Historic Board of Review - Ward 1 Reappointment of Dorothy Woodruff to the Marietta Historic Board of Review (Ward 1), for a two-year term expiring May 12, 2023. Dorothy Woodruff has been on the board since January 2015. City of Marietta Page 2 Printed on 5/12/2021 1:30:56PM CITY COUNCIL Meeting Agenda May 12, 2021 * 20210428 Marietta Historic Board of Review - Ward 2 Reappointment of David Freedman to the Marietta Historic Board of Review (Ward 2), for a two-year term expiring May 12, 2023. David Freedman has been on the board since January 2012. * 20210426 Marietta Historic Board of Review - Ward 5 Reappointment of Louise Griffin Williams to the Marietta Historic Board of Review (Ward 5), for a two-year term expiring May 12, 2023. Louise Griffin Williams has been on the board since June 2019. * 20210395 Marietta Historic Board of Review - Ward 6 Reappointment of Stacy Smith to the Marietta Historic Board of Review (Ward 6), for a two-year term expiring May 12, 2023. Stacy Smith has been on the board since January 2016. Council member Goldstein disclosed that Stacy Smith is a tenant of a member of his family and/or an entity owned by a member of his family. ORDINANCES: City of Marietta Page 3 Printed on 5/12/2021 1:30:56PM CITY COUNCIL Meeting Agenda May 12, 2021 20210290 Z2021-08 [REZONING] ELIZABETH DENNEY (MARK MCKAIN/PETER VARLJEN) Z2021-08 [REZONING] ELIZABETH DENNEY (MARK MCKAIN/PETER VARLJEN) is requesting the rezoning of approximately 0.34 acres located in Land Lot 288, District 17, Parcel 0240 of the 2nd Section, Cobb County, Georgia, and being known as 175 West Dixie Avenue from OIT (Office Institution Transitional) to R-4 (Single Family Residential - 4 units/acre). Ward 1A. The Planning Commission recommends Approval. Mr. Diffley made a motion, seconded by Mr. McClure to recommend approval as submitted. The motion carried 6-0-0. If Council approves the rezoning, the following variances would be incorporated as conditions of zoning: The following variances are incorporated as conditions of zoning: 1. Variance to reduce the rear yard setback for an accessory structure from 10 ft to 0 ft [§708.04 (F.1)] 2. Variance to allow the use of gravel as an acceptable driving and parking surface in the area shown on submitted survey only. [§716.08 (A & B)] 3. Variance to reduce the southern side setback for the existing home from 10 ft. to 5 ft. [§708.04 (H)] Public Hearing (all parties sworn in) Council member Walker disclosed that one of the applicants works with his Real Estate Company. City of Marietta Page 4 Printed on 5/12/2021 1:30:56PM CITY COUNCIL Meeting Agenda May 12, 2021 20210178 CA2021-01 [CODE AMENDMENT] CA2021-01 [CODE AMENDMENT] Proposal to amend the Comprehensive Development Code of the City of Marietta, Division 710.07 Storage; Division 710.08 Bulk sanitation containers, temporary bulk waste containers, and donation boxes; Division 716.08 Surface parking standards; and Division 716.09 Parking in residential districts. The Planning Commission recommends Approval. Mr. Diffley made a motion, seconded by Mr. Davis, to recommend approval as written. The motion carried 6-0-0. Public Hearing (all parties are sworn in) RESOLUTIONS: CITY ATTORNEY'S REPORT: * 20210396 Denial of Claim Denial of Claim for Estate of Johnny Bolton. * 20210397 Denial of Claim Denial of Claim for Jawuan Taylor. * 20210398 Denial of Claim Denial of Claim for Amado Francisco Ixmay Vicente. * 20210430 Denial of Claim Denial of Claim for Stephanie Kemper. CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: 1. Economic/Community Development: Johnny Walker, Chairperson City of Marietta Page 5 Printed on 5/12/2021 1:30:56PM CITY COUNCIL Meeting Agenda May 12, 2021 2. Finance/Investment: Joseph R. Goldstein, Chairperson 3. Judicial/Legislative: G. A. (Andy) Morris, Chairperson 20210299 Nonprofit Food Service Event Permits Motion authorizing Parks, Recreation and Facilities Department to establish policies and procedures necessary to ensure compliance with O.C.G.A Title 26, Chapter 2, Article 14 regulating Georgia Food Sales and Food Service. Further, said policies shall require that all food vendors at permitted non-profit food service events on city property be inspected the day of the event by the Cobb Douglas Public Health Department (CDPH) or certified inspector by said department; and applicable fees as established by CDPH for the inspection shall be the responsibility of the individual vendor or the event organizer at the discretion of the event organizer. 20210386 Detailed Plan - Promenade Ridge Motion to approve the detailed plan submittal for the development of thirty (30) single family detached lots on 5.3 acres zoned PRD-SF per Z2020-14 and located off of Fairlane Drive, with the following conditions: 1. Developer agrees to add windows where indicated on attached building elevations and according to attached letter from James Nash, Heatherland Homes dated May 10, 2021. 2. Variance to reduce the centerline radius to allow the curve in the roadway at Lot- 6 and to eliminate the stop bars and signs, as shown on the attached plan. Councilmember Goldstein discloses that Bill Haggeman is a tenant of member(s) of his family and/or entities owned by member(s) of his family. 4. Parks, Recreation and Tourism: Michelle Cooper Kelly, Chairperson * 20210377 Skate Park Advisory Committee Motion to approve the creation of a Skate Park Advisory Committee. * 20210378 Installation of a Certified Pollinator Habitat within Kirby Park. Motion to direct staff to bring back a plan for a implementation of a certified pollinator habitat and conservation park at Kirby Park for environmental and educational purposes. 5. Personnel/Insurance: Cheryl Richardson, Chairperson City of Marietta Page 6 Printed on 5/12/2021 1:30:56PM CITY COUNCIL Meeting Agenda May 12, 2021 6. Public Safety Committee: Reggie Copeland, Chairperson * 20210372 National Park Service Agreement Motion to approve the General Agreement between the National Park Service and the City of Marietta for policing services in and around Kennesaw Mountain National Battlefield Park. 7. Public Works Committee: Grif Chalfant, Chairperson * 20210271 Anderson Street Dumpster Enclosure Location Motion authorizing Public Works to construct the dumpster enclosure across from 26 Winters Street along the street with brick façade, metal roof, access at each end of the enclosure, with side entry doors, and relocating any street parking to the current dumpster location on Winters Street. Council Member Goldstein discloses that members of his family and/or entities owned by members of his family own property in the Downtown Solid Waste Management District. * 20210362 Parkview Street Parking Motion authorizing a no parking zone to be installed along both sides of the street along Parkview Lane, Parkview Court, and Parkview Trace in the Parkview at Barrett Greene Subdivision. * 20210364 Lemon Street Speed Study Motion authorizing Public Works to conduct the speed study of Lemon Street from Cole Street to Rigby Street to determine if traffic calming devices are needed. * 20210365 Saint Anne’s Road Speed Study Motion authorizing Public Works to conduct the speed study of Saint Anne’s Road from Kennesaw Avenue to Keeler Woods Drive to determine if traffic calming devices are needed. City of Marietta Page 7 Printed on 5/12/2021 1:30:56PM CITY COUNCIL Meeting Agenda May 12, 2021 * 20210366 Austin Avenue Speed Study Motion authorizing Public Works to conduct the speed study of Austin Avenue from Cobb Parkway North to Roswell Street to determine if traffic calming devices are needed. * 20210400 Trammell Street Speed Study Motion authorizing Public Works to conduct the speed study of Trammell Street from South Marietta Parkway to Wright Street to determine if traffic calming devices are needed. * 20210401 Charles Avenue Speed Study Motion authorizing Public Works to conduct the speed study of Charles Avenue from Powers Ferry Road to Blanch drive to determine if further traffic calming devices are needed. * 20210402 Park Street Speed Study Motion authorizing Public Works to conduct the speed study of Park Street from Roswell Street to Frasier Circle to determine if traffic calming devices are needed. * 20210363 Trammell Street Utilities Motion authorizing a variance from the Underground Utilities ordinance to allow the installation of fiber to be over lashed on existing fiber and requiring the removal of all duplicate utility poles where AT&T is “next to transfer” along Wright Street from 500 Henry Drive to 22 Trammell Street. This motion does not grant a perpetual variance. AT&T must relocate underground at their expense if other utilities at the location are moved underground. Council Member Goldstein discloses that he and Philip M. Goldstein combined own more than $10,000 of stock in AT&T. Philip M. Goldstein is the father of Council Member Goldstein. Council Member Joseph Goldstein Abstaining * 20210392 Automated Traffic Enforcement System Motion to approve an automated traffic enforcement system at the intersection of Cobb Parkway North and the Canton Road on Ramp at I-75. City of Marietta Page 8 Printed on 5/12/2021 1:30:56PM CITY COUNCIL Meeting Agenda May 12, 2021 * 20210429 Lawrence Street and Washington Street Traffic Calming Motion to stay the action approved under Legistar item 20200703 referring to Lawrence Street and Washington Street becoming one-way street until a public hearing can be held during the Special Called Meeting May 25, 2021 at 6pm. OTHER BUSINESS: * 20210456 Ordinance for Street Racing Motion to rescind the Street Racing Ordinance approved under Legistar item 20210186 for the Marietta Police Department to regulate and prohibit street racing on our streets, public property, and private parking lots. Requested by Council Member Cheryl Richardson 20210455 Mask Requirement Motion to authorize a “no mask” requirement in City/BLW buildings and adjacent campus and to safely phase into “normal” workplace environment on City/BLW property effective 8 AM on Monday May 17, 2021 at Management discretion. Further, to remove signs of restrictive Mask nature from City/BLW Buildings, Square, and City Sidewalks. City to post on its Web site known covid vaccine opportunities within City for Citizen consideration updated weekly. * 20210461 520 Powder Springs Street Motion authorizing acquisition of a portion of property and easements at 520 Powder Springs Street from James W. Corley III and Carolyn J. Corley for the purpose of constructing the Powder Springs Streetscape - Sandtown Rd to S Marietta Parkway Project in exchange for $10,650.00 and stipulations as listed below. 1. Construction of a stone retaining wall on right-of-way in keeping with the Powder Springs Street Project aesthetic. 2. Backfill behind the wall with dirt so that lawn is more or less level with the top of the wall. 3. Install a decorative metal fence in keeping with Powder Springs Street Project aesthetic. 4. Fence should be the length of the Powder Springs Street property line. 5. Fence should surround the stairwell and include a gate at the top of the steps. 6. Replace existing brick steps with similar brick steps that are up to code. 7. The steps should line up with the brick walkway leading to the house - not a right angle to the sidewalk. City of Marietta Page 9 Printed on 5/12/2021 1:30:56PM CITY COUNCIL Meeting Agenda May 12, 2021 * 20210462 942 Roswell Street Motion to approve the sale of 942 Roswell Street to “The Drafty Dane (Park and Pint)” for the price of $365,000 and terms substantially similar to the proposal dated April 29th, 2021 as agreed upon by the City Manager and City Attorney. * 20210425 BLW Actions of May 10, 2021 Review and approval of the May 10, 2021 actions and minutes of 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 10 Printed on 5/12/2021 1:30:56PM