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, November 10, 2021 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Cheryl Richardson, Ward 1 PLEDGE OF ALLEGIANCE: PRESENTATIONS: 20210987 Distinguished Service Award Presentation by Mayor Tumlin of a Distinguished Service Award to Judge Roger J. Rozen for his Faithful and Dedicated Service to the City of Marietta for 39 years from July 1982-October 2021 as a Prosecuting Attorney & Municipal Court Judge. 20210988 Distinguished Service Award Presentation by Council Member Cheryl Richardson of a Distinguished Service Award to Jay Davis for his Faithful and Dedicated Service to the City of Marietta from June 2016-July 2021 for the Planning Commission. 20210991 Marietta High School Cross Country Presentation by Council Member Michelle Cooper Kelly of a Proclamation to Coach Coleman and the Boys & Girls at Marietta High School Cross Country team. City of Marietta Page 1 Printed on 11/10/2021 11:01:30AM CITY COUNCIL Meeting Agenda November 10, 2021 20210951 Marietta Police Officers Presentation by Council Member Reggie Copeland to recognize the newest officers to the Marietta Police Department: Officer Austin Turner Officer Colin Piccirillo Officer Jhakira Glover Officer Jamie Loto 20210985 GRPA Agency of the Year Presentation by Council Member Michelle Cooper Kelly to recognize the City of Marietta Parks and Recreation Department as the Agency of the Year for Population 50,001 - 80,000 by the Georgia Recreation and Park Association (GRPA). The award was presented at the Georgia Recreation and Park Association (GRPA) awards banquet during the Annual Conference on Wednesday, November 3 at the Columbus Convention and Trade Center in Columbus, GA. 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. 20210941 Scheduled Appearance Scheduled Appearance - Teryl Brand 20210947 Scheduled Appearance Scheduled Appearance - Larry Wills 20210978 Scheduled Appearance Scheduled Appearance - Donald Barth City of Marietta Page 2 Printed on 11/10/2021 11:01:30AM CITY COUNCIL Meeting Agenda November 10, 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). MINUTES: * 20210913 Regular Meeting - October 13, 2021 Review and approval of the October 13, 2021 regular meeting. * 20210931 Special Called Meeting - October 26, 2021 Review and approval of the October 26, 2021 special called meeting minutes. * 20210952 Executive Session Minutes Review and approval of the following executive session minutes: January 26, 2021 Special Called Agenda Work Session March 8, 2021 Agenda Work Session April 12, 2021 Agenda Work Session May 12, 2021 Agenda Review Session MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: ORDINANCES: City of Marietta Page 3 Printed on 11/10/2021 11:01:30AM CITY COUNCIL Meeting Agenda November 10, 2021 20210836 Z2021-15 [REZONING] MT. TABOR INVESTMENTS, LLC (JAMES K. KNIGHT) Z2021-15 [REZONING] MT. TABOR INVESTMENTS, LLC (JAMES K. KNIGHT) are requesting the rezoning of 0.35 acres located in Land Lot 1289, District 16, Parcel 0300 of the 2nd Section, Cobb County, Georgia, and being known as 401 Atlanta Street from OI (Office Institutional) to OI (Office Institutional) with an additional use as a barber and beauty shop. Ward 1A. The Planning Commission recommends Approval as Stipulated. Mr. Diffley made a motion, seconded by Mr. Anderson to recommend approval as submitted with modified stipulation as follows - Letter of stipulations and variances from Adam J. Rozen, P.C. to Robin Osindele, Urban Planner for the City of Marietta, dated November 2, 2021: Variance (5.)(c.) regarding parking be eliminated The motion carried 7-0-0. If Council approves the rezoning, it would be subject to the following: · Letter of stipulations and variances from Adam J. Rozen, P.C. to Robin Osindele, Urban Planner for the City of Marietta, dated November 9, 2021. Public Hearing (all parties sworn in) RESOLUTIONS: CITY ATTORNEY'S REPORT: * 20210937 Denial of Claim Denial of Claim for Jennifer B. Reeves. CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: 1. Economic/Community Development: Johnny Walker, Chairperson City of Marietta Page 4 Printed on 11/10/2021 11:01:30AM CITY COUNCIL Meeting Agenda November 10, 2021 * 20210909 Redevelopment Bond Tax-Exempt Bond Proceeds Motion to reallocate the tax-exempt bond proceeds from the 2013 Redevelopment Bond. 2. Finance/Investment: Joseph R. Goldstein, Chairperson * 20210782 FY2021 Budget Reconciliation Motion approving an amendment to the Fiscal Year 2021 budget to address the annual year-end settlement of accounts to move the salary savings due to unfilled positions for the purchase of equipment, to move the General fund capital contingency to user departments to cover approved capital items, and to appropriate the operational surplus in various Funds of the City. 3. Judicial/Legislative: G. A. (Andy) Morris, Chairperson * 20210881 Final Plat - 591, 599, 609, 617 Frasier Street Motion to approve the final plat for city-owned property at 591, 599, 609, 617 Frasier Street. * 20210882 Final Plat - White Oaks Phase 2 Motion to approve the final plat for White Oaks Phase 2 (881 & 887 Powder Springs Street) at the corner of Powder Springs Street and Booth Road (Z2020-15). * 20210874 Revision of Private Well Ordinance Motion to approve proposed revisions to Ordinance 6-24-100 relative to private wells. First Reading City of Marietta Page 5 Printed on 11/10/2021 11:01:30AM CITY COUNCIL Meeting Agenda November 10, 2021 * 20210884 Entertainment District Extension Motion to amend the ordinance 8-8-2-163 for the “Outside Consumption of Alcoholic Beverages Permitted” within the approved Entertainment District. Included in this Ordinance is the required waiver set forth in 1-4-040 (L) whereby the City Council gives its unanimous consent to authorize the adoption of this Ordinance at this City Council meeting without the necessity of placing this matter on the following regular City Council meeting. Councilmember Goldstein discloses that he, members of his family and/or entities owned by him and/or members of his family own property in downtown Marietta. Further, he, members of his family and/or entities owned by him and/or members of his family have business relationships with some of the people/entities that have previously supported the open container district. 4. Parks, Recreation and Tourism: Michelle Cooper Kelly, Chairperson * 20210907 Marietta Museum of History Request Motion approving to change the name of the Marietta Museum of History to Marietta History Center. 5. Personnel/Insurance: Cheryl Richardson, Chairperson 6. Public Safety Committee: Reggie Copeland, Chairperson * 20210915 Edward Byrne Memorial Grant Award Motion to approve an Ordinance amending the Fiscal Year 2022 Grant Fund for the Marietta Police Department to receive and appropriate a grant for the Edward Byrne Grant Award from the Department of Justice for $23,895.00 to purchase general equipment. 7. Public Works Committee: Grif Chalfant, Chairperson City of Marietta Page 6 Printed on 11/10/2021 11:01:30AM CITY COUNCIL Meeting Agenda November 10, 2021 * 20210888 Kennesaw Avenue Utilities - 1GW48101N 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 Kennesaw Avenue, Maple Avenue, Locust Street, Moon Street, Walthal Street, Cleburne Avenue, Polk Street, Camp Street, Stewart Avenue, Holland Street, Cascade Drive, Pamela Street, Darien Way, South Keeler Woods Drive, and Keeler Woods Drive. This motion does not grant a perpetual variance. AT&T must relocate underground at their expense if other utilities at these locations 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 * 20210889 Bonnie Dell Drive Speed Study Motion authorizing Public Works to conduct the speed study of Bonnie Dell Drive from Barnes Mill Road to Baker Lane to determine if traffic calming devices are needed. * 20210890 East Dixie Avenue Speed Study Motion authorizing Public Works to conduct the speed study of East Dixie Avenue from Atlanta Street to Manget Street to determine if traffic calming devices are needed. * 20210891 Maple Avenue Speed Study Motion authorizing Public Works to conduct the speed study of Maple Avenue from Camp Street to Ridge Avenue to determine if traffic calming devices are needed. * 20210892 Washington Avenue Speed Study Motion authorizing Public Works to conduct the speed study of Washington Avenue from Gresham Avenue to North Fairground Street to determine if traffic calming devices are needed. City of Marietta Page 7 Printed on 11/10/2021 11:01:30AM CITY COUNCIL Meeting Agenda November 10, 2021 * 20210894 Title VI Program Motion approving the Title VI Nondiscrimination Agreement and Assurances between the City of Marietta and the Georgia Department of Transportation for compliance with 23 CFR Part 200, Title VI of the Civil Rights Act of 1964, along with approval of the City of Marietta Title VI Policy and DBE Policy statements. Additionally, this motion appoints the Director of Human Resources and Risk Management as the City of Marietta’s Title VI Coordinator. * 20210904 Project Framework Agreement for the North Marietta Parkway Streetscape Project Motion to approve the Project Framework Agreement with GDOT accepting funds in the amount of $320,000 for scoping activities for the North Marietta Parkway Streetscape Project. * 20210905 2021 ARC Transportation Improvement Program (TIP) Funding Application Motion to approve resolution in support of the Rottenwood Creek Trail project for the ARC’s 2021 TIP Solicitation and commitment of 20 percent matching funds. OTHER BUSINESS: 20210965 Revised Detailed Plan - AUFC Media Trailer Motion to approve the Atlanta United Football Club for the placement of a temporary trailer for use by the media for a period of no more than 2 years. * 20210966 2022 Group Health Plan Stop-Loss Carrier Motion approving a change in stop-loss coverage carriers from Anthem Blue Cross and Blue Shield to Voya Financial, effective January 1, 2022. This change supersedes the renewal with Anthem approved via Motion 20210729 on September 8, 2021. Motion also authorizes the Mayor to sign all relevant termination and agreement documents with each carrier. * 20210980 Intergovernmental Agreement between the City of Marietta and Marietta Development Authority Motion to approve an Intergovernmental Agreement between the City of Marietta and the Development Authority of the City of Marietta for the lease of portions of Dobbs Street right-of-way. Council Member Goldstein abstaining City of Marietta Page 8 Printed on 11/10/2021 11:01:30AM CITY COUNCIL Meeting Agenda November 10, 2021 * 20210984 Termination of Easement Motion to terminate Easement Agreement between the City of Marietta and Marietta Landmarks, Inc. dated April 13, 1981, and recorded in Deed Book 2343, Page 178, Cobb County, Georgia Records and the Amendment to Easement between the City of Marietta and Old Marietta Properties, LLC dated December 27, 2006, and recorded in Deed Book 14432, Page 5417, Cobb County, Georgia Records, including the authorization for the Mayor and City Clerk to execute a Termination Agreement for both recorded documents. * 20210986 Northwest Parkway Stormwater Management Motion to authorize the signing of the Termination and Release of Stormwater Management Agreement for 2665 Northwest Parkway. 20210910 Certified Election Results - November 2, 2021 Motion to approve the certified election results of the November 2, 2021, City of Marietta General Election related to the Mayor and City Council, as presented by the Cobb County Board of Elections and Registration. 20210975 Public Safety Pay Supplement Grant Motion to approve the acceptance of the agreement between the City of Marietta and the Governor’s Office of Planning and Budget, regarding applying for and receiving the Public Safety Officials and First Responders Pay Supplement Grant. * 20210997 1435 Barclay Circle-Rottenwood Creek Trail Phase I Project Motion authorizing acquisition of a portion of property and easements at 1435 Barclay Circle for the purpose of constructing the Rottenwood Creek Trail Phase I Project in exchange for $8,500.00 with the stipulations as listed below. 1. 1,113.00 square feet of permanent easement to be changed to temporary easement for five (5) years that will begin at the start of project construction. * 20210998 925 Cobb Parkway S - Rottenwood Creek Trail Phase I Project Motion authorizing acquisition of easements at 925 Cobb Parkway S from Chuck Clancy Ford for the purpose of constructing the Rottenwood Creek Trail Phase I Project in exchange for $12,800.00. City of Marietta Page 9 Printed on 11/10/2021 11:01:30AM CITY COUNCIL Meeting Agenda November 10, 2021 20210979 BLW Actions of November 8, 2021 Review and approval of the November 8, 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 11/10/2021 11:01:30AM