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, December 8, 2021 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Grif Chalfant, Ward 2 PLEDGE OF ALLEGIANCE: PRESENTATIONS: 20211095 Marietta Police Officers Presentation by Council Member Reggie Copeland to recognize the newest officers to the Marietta Police Department: Officer Denise Hernandez Officer Cody Bradshaw Officer Jude Faroul Officer Lazaro Leal Officer Mateo Myers Officer Jacob Tirado Officer Daniel Wilson PROCLAMATIONS: ANNOUNCEMENTS OF GENERAL COMMUNITY INFORMATION BY THE MAYOR, COUNCIL AND/OR CITY MANAGER: City of Marietta Page 1 Printed on 12/7/2021 4:34:30PM CITY COUNCIL Meeting Agenda December 8, 2021 SCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes, for a combined total of 20 minutes. 20211017 Scheduled Appearance Scheduled Appearance - Donald Barth 20211027 Scheduled Appearance Scheduled Appearance - Valentin Cruz Zuniga 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: * 20211032 Regular Meeting - November 10, 2021 Review and approval of the November 10, 2021 regular meeting minutes. * 20211063 Special Meeting - November 23, 2021 Review and approval of the November 23, 2021 special meeting minutes. MAYOR’S APPOINTMENTS: (for informational purposes only) 20211098 Marietta Housing Authority Appointment Appointment of Laing Heidt to the Marietta Housing Authority to fill the unexpired term for Andre Sims expiring May 31, 2025. CITY COUNCIL APPOINTMENTS: * 20210976 Civil Service Board Appointment (Post 1) Reappointment of James T. Martin to the Civil Service Board (Post 1) for a three-year term beginning on January 1, 2022 and expiring December 31, 2024. City of Marietta Page 2 Printed on 12/7/2021 4:34:30PM CITY COUNCIL Meeting Agenda December 8, 2021 * 20210938 Marietta Pension Board - Post 6 (General Employee Representative) Appointment of Bruce Bishop to the Marietta Pension Board (Post 6) for a three-year term beginning on January 1, 2022, and expiring December 31, 2024. * 20210939 Marietta Pension Board - Post 7 (General Employee Representative) Appointment of Keisha Register to the Marietta Pension Board (Post 7) for a three-year term beginning on January 1, 2022, and expiring December 31, 2024. * 20210942 Marietta Pension Board - Post 9 (Fire Representative) Appointment of Bobby Moss to the Marietta Pension Board (Post 9) for a three-year term beginning on January 1, 2022, and expiring December 31, 2024. ORDINANCES: RESOLUTIONS: CITY ATTORNEY'S REPORT: * 20211023 Denial of Claim Denial of Claim for Cherif Suleyman. * 20211078 Denial of Claim Denial of Claim - Juan Torres Lopez CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: 1. Economic/Community Development: Johnny Walker, Chairperson 2. Finance/Investment: Joseph R. Goldstein, Chairperson City of Marietta Page 3 Printed on 12/7/2021 4:34:30PM CITY COUNCIL Meeting Agenda December 8, 2021 * 20211019 Tree Preservation Fund (Treadwell) Motion to approve an Ordinance for an amendment to the Fiscal Year 2022 Tree Preservation Fund budget to receive and appropriate a payment of $138.92 from Clarence and Allison Treadwell. 3. Judicial/Legislative: G. A. (Andy) Morris, Chairperson 20211010 Preliminary Plat - Fairgate Townhomes Motion to approve the attached for the six (6) townhomes proposed for the corner of Fairgate Road and Heathersett Drive (Z2021-03): 1. Preliminary Plat dated 12/1/21 2. Building Elevations, with the following modifications to comply with the Four Sided Architecture requirement: a. Shutters will be added to all four sides b. A false shutter, with trim matching the functional windows, will be added to the blank area on each side elevation. c. A frieze board band will be added between the 1st and 2nd stories on each side d. Stacked stone watertable to match the front will be added to the side elevations. * 20211026 Code Amendment - Storage of Portable Sanitation Units Motion to authorize staff to advertise a code amendment relating to the storage of portable sanitation units. * 20210874 Revision of Private Well Ordinance Motion to approve proposed revisions to Ordinance 6-24-100 relative to private wells. Second Reading * 20210949 2022 City Council Meeting Dates Motion to approve the 2022 proposed meeting dates for City Council & Committee Meetings. City of Marietta Page 4 Printed on 12/7/2021 4:34:30PM CITY COUNCIL Meeting Agenda December 8, 2021 20211004 Georgia Public Web/Asset Purchase Agreement Motion to approve the Resolution and written consent of the City of Marietta as a member of Georgia Public Web, Inc. (“Corporation”) in order to approve Corporation entering into a transaction substantially described in that certain Asset Purchase Agreement by and between the Corporation and the City of Marietta, a current copy of which is on file with the City Clerk. Public Hearing (all parties are sworn in) 20211025 Telecommunications Project Contract between the City of Marietta and the Municipal Electric Authority of Georgia. Motion to approve Resolution authorizing the execution, delivery and performance of the Third Amendment to Telecommunications Project Contract between the City of Marietta and the Municipal Electric Authority of Georgia. 4. Parks, Recreation and Tourism: Michelle Cooper Kelly, Chairperson * 20211012 The City Club, Marietta Temporary Operating Agreement Motion to approve a temporary operating agreement between the City of Marietta and Classic Golf Management, LLC for operation of The City Club, Marietta through September 30, 2022. The agreement is subject to approval of the Mayor and Council seated in January 2022. 5. Personnel/Insurance: Cheryl Richardson, Chairperson * 20211020 Workers’ Compensation Third Party Administration Services Motion to renew the administrative services agreement with Brentwood Services Administrators, Inc. for Workers’ Compensation Third Party Administration Services from January 1, 2022, to December 31, 2023. * 20211037 Distinguished Service Award - Michelle Cooper Kelly Motion to honor Michelle Cooper Kelly with a Distinguished Service Award in December. * 20211096 Distinguished Service Award - Reggie Copeland Motion to honor Reggie Copeland with a Distinguished Service Award in December. Council Members Chalfant, Walker & Morris Voting Against City of Marietta Page 5 Printed on 12/7/2021 4:34:30PM CITY COUNCIL Meeting Agenda December 8, 2021 6. Public Safety Committee: Reggie Copeland, Chairperson 7. Public Works Committee: Grif Chalfant, Chairperson OTHER BUSINESS: 20211024 V2021-40 [VARIANCE] BRENNEN MATTHEWS V2021-40 [VARIANCE] BRENNEN MATTHEWS is requesting variances for property zoned CRC (Community Retail Commercial), located in Land Lot 1237, District 16, Parcel 0010, 2nd Section, Marietta, Cobb County, Georgia, and being known as 942 Roswell Street. 1. Variance to increase the maximum front setback from 16’ to 130.’ [§712.09 F.2.b.i] 2. Variance to eliminate the requirement that a maximum of 12 parking spaces in a row provided without a planter island. [§712.08 G.1.a] 3. Variance to reduce required parking from 25 to 23 spaces. [§716.07 E] Public Hearing (all parties sworn in) 20211097 Certified Election Results - November 30, 2021 Motion to approve the certified election results of the November 30, 2021, City of Marietta Runoff Election related to Ward 5, as presented by the Cobb County Board of Elections and Registration. * 20211099 National Prescription Opiate Litigation Motion to approve Memorandum of Understanding between the State of Georgia and certain governmental entities, including the City of Marietta, which concerns the National Distributor and J&J Settlements. * 20211094 COVID 19 Pandemic Partial Reimbursement #2 Motion to approve a second round of COVID 19 Pandemic Partial Reimbursement of Qualified expenses of City Employees with funding of up to 490K out of the COVIC Account Fund for a maximum of $667 per employee. City of Marietta Page 6 Printed on 12/7/2021 4:34:30PM CITY COUNCIL Meeting Agenda December 8, 2021 20211100 ARPA American Rescue Plan Act Funding *Discussion regarding the use of $11.1 million dollars allocated to the City of Marietta from the ARPA American Rescue Plan Act. *Discussion regarding our comprehensive plan and process for deciding how the funds will be distributed in an equitable way to ensure that it is in line with (the spirit and intent). *Discussion regarding the participation of the council members in the initial stages of development along with staff members as recommendations are being made. On January 20, 2021, Executive Order 13985 titled 'Advancing Racial Equity and Support for Underserved Communities Through the Federal Government' was signed. This executive order is both instructive and clear regarding (the spirit and intent) of the desired outcomes to provide equity to underserved communities that have been "denied systemic fair, just, and impartial treatment. Our Federal Government has identified Black, Latino, and Indigenous and Native American persons, Asian Americans and Pacific Islanders, and other persons of color; members of religious minorities; lesbian, gay bisexual, transgender, and queer persons; with disabilities; persons who live in rural areas; and persons otherwise adversely affected by persistent poverty or inequality" as the underserved groups to whom the funds are to be distributed. On May 17, 2021, The Secretary of the Treasury issued the interim final rule to implement the Coronavirus State and Local Fiscal Recovery Fund that was established under the American Rescue Plan Act. As a result of the Coronavirus State and Local Fiscal Recovery Fund, $1.9 trillion dollars has been allocated that activate the ARPA legislation and challenges states, counties, and (municipal governments) to act boldly and think big when considering projects that will be transformative and sustainable. The guidelines from the U.S. Treasury for ARPA describe several areas that funds are intended to address. The items below provide an example of expenditures that meet (the spirit and intent of the law). Funding Areas: Providing premium pay for essential workers Raise the minimum wage for "ALL" Marietta City Employees to at least $15.00 per hour Set aside funds to support the construction of affordable housing through the use of landbanks and other creative means. City of Marietta Page 7 Printed on 12/7/2021 4:34:30PM CITY COUNCIL Meeting Agenda December 8, 2021 Requested by Council Member Reggie Copeland * 20211033 BLW Actions of December 6, 2021 Review and approval of the December 6, 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 8 Printed on 12/7/2021 4:34:30PM