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 Andy Morris, Ward 4 M. Carlyle Kent, Ward 5 Andre L. Sims, Ward 6 Joseph R. Goldstein, Ward 7 Wednesday, June 8, 2022 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Joseph Goldstein, Ward 7 PLEDGE OF ALLEGIANCE: PRESENTATIONS: 20220585 K9 Officer Tyson Recognition Recognition of Officer Jared Foster & K9 Officer Tyson, of the Marietta Police Department. City of Marietta Page 1 Printed on 6/8/2022 10:32:12AM CITY COUNCIL Meeting Agenda June 8, 2022 20220580 Citizens’ Government Academy Graduates The following are graduates from our 2022 Citizens’ Government Academy Class. Suzanne Alea Courtney Morrel Silvia Barbuto Munzir Naqvi Serina Bruce Matthew Occelli Lori Crawford Pat Pavlak Kibbie DeJarnett Lorin Pavlak Alan Eisen Cheryl Richardson Essie Green Liz Roberts Mary Hatfield Alex Rogers Randy Hatfield John Silvey Diane Hewitt Richard Springfield Janice Hoover Jody Traylor M. Carlyle Kent Carl Ward Boozer McClure Jenna Watson David McKoy Scott Wright 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. 20220423 Scheduled Appearance Scheduled Appearance - Kari Walker 20220548 Scheduled Appearance Scheduled Appearance - George Bentley 20220550 Scheduled Appearance Scheduled Appearance - Linda Nordahl City of Marietta Page 2 Printed on 6/8/2022 10:32:12AM CITY COUNCIL Meeting Agenda June 8, 2022 20220552 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 that require a public hearing (also noted on agenda). MINUTES: * 20220565 Regular Meeting - May 11, 2022 Review and approval of the May 11, 2022 meeting minutes. MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: * 20220535 Board of Zoning Appeals Appointment (Ward 7) Appointment of Donald Barth to the Board of Zoning Appeals (Ward 7) for a three-year term, expiring May 14, 2025. Council Member Morris Against * 20220536 Construction Board of Adjustment and Appeals (Ward 7) Appointment of Christopher Hinton (Ward 7) to the Construction Board of Adjustment and Appeals for five (5) year terms expiring April 14, 2027. ORDINANCES: RESOLUTIONS: CITY ATTORNEY'S REPORT: * 20220534 Denial of Claim Denial of Claim for Raechel Richards. City of Marietta Page 3 Printed on 6/8/2022 10:32:12AM CITY COUNCIL Meeting Agenda June 8, 2022 * 20220574 Denial of Claim Denial of Claim for Amended Claim of Felipe Silva, Expedito Silva, Estate of Maria Bezerra Ferreira, Paloma Alcantara Junquiera and Mario Alves De Silva Baba. CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: 1. Economic/Community Development: Andre L. Sims, Chairperson 2. Finance/Investment: Joseph R. Goldstein, Chairperson * 20220556 Sugar Hill Water Tank Replacement Funding Motion to approve the allocation of $1,180,581 in original State and Local Fiscal Recovery Fund program funds and $969,419 in State and Local Recovery Fund program funds designated as revenue loss to the Marietta Board of Lights and Water for the replacement of the Sugar Hill Water Tank. The total cost for the Sugar Hill Water Tank replacement is $6,479,000. * 20220503 Adoption of Recommended Budget for FY2023 Motion to approve the Ordinance adopting an Annual Budget for the fiscal year beginning July 1, 2022 and ending June 30, 2023, for the various funds of the City of Marietta and enacting the tentative Ad Valorem tax levies for said fiscal year for support of the City of Marietta governmental operations and other public purposes, and debt service obligations. Council Member Goldstein discloses that PMG Family, LLC and JRG Marietta Parkway, LLC own properties in the Center City South Renaissance Tax Allocation District. Council Member Goldstein is an owner of both PMG Family, LLC and JRG Marietta Parkway, LLC. Council Member Goldstein Absent & Abstaining 3. Judicial/Legislative: G. A. (Andy) Morris, Chairperson City of Marietta Page 4 Printed on 6/8/2022 10:32:12AM CITY COUNCIL Meeting Agenda June 8, 2022 * 20220058 Code Enforcement Noise Ordinance Motion to approve changes to Chapter 10-6, Noise. Second Reading Council Member Goldstein Against * 20220087 Sanitary Conditions and Procedures Motion to approve the revised ordinance to Sect. 7-4-2-110 - Sanitary Conditions and Procedures. Second Reading Council Member Goldstein Against * 20220301 Code Amendment - HBR Review Exemption for Filming Motion adopting a revision to Article 7-8-8-050 (E.) which would allow the temporary modification to existing buildings or structures within the Downtown Historic District associated with a filming permit to be exempt from obtaining a certificate of approval from the Historic Board of Review. Second Reading * 20220510 Code Amendment - Historic Preservation Ordinance Motion to adopt a revision to Article 7-8-8 regarding changes to neighbor notification procedures and the exemption of new accessory structures that are not visible from the public roadway from requiring a Certificate of Appropriateness. First Reading 20220511 Code Amendment - Removal and Storage of Vehicles Motion to approve a revision to Section 9-12-060 of the Marietta City Code, Notice to owner regarding removal of dismantled or junked vehicles from private property. First Reading City of Marietta Page 5 Printed on 6/8/2022 10:32:12AM CITY COUNCIL Meeting Agenda June 8, 2022 * 20220530 Ordinance Amendment - Massage Therapy Businesses Motion to approve the proposed amendment to Article 8-12-6 regarding massage therapy businesses. First Reading 20220509 Detailed Plan - 1326 Old Bells Ferry Road Motion to approve the detailed plan for 53 townhomes at 1326 Old Bells Ferry Road zoned MXD (Z2022-05) with the following conditions: 1. The rear of the townhomes will not be required to contain shutters to match the sides and rear elevations. 2. All sidewalks will be a minimum of 5’ in width. 3. The development must meet all applicable ordinances regarding stream buffers and floodplain encroachments. 4. Parks, Recreation and Tourism: Johnny Walker, Chairperson City of Marietta Page 6 Printed on 6/8/2022 10:32:12AM CITY COUNCIL Meeting Agenda June 8, 2022 * 20220520 FY2022 Tourism Grants Motion to approve the grant amounts presented for each tourism organization, along with the Welcome Center Contract. City Staff Request - City Services - $185,000 The Earl Smith Strand Theatre - $39,000 GA Metro Dance Theatre - $15,000 Georgia Symphony Orchestra - $11,000 Marietta/Cobb Museum of Art - $58,500 Marietta History Center - $160,000 Marietta Square Branding Project - $4,500 The Georgia Ballet - $7,000 Brumby Hall & Gardens/GWTW - $67,000 Cobb Landmarks - $18,000 Marietta Arts Council - $9,000 Atlanta Lyric Theatre - $8,000 Marietta Fire Museum - $12,000 TBD $5,000 TOTAL $599,000 Marietta Visitors Bureau - $320,000 Lease of Welcome Center - $19,096 City Staff Marketing Request - $20,000 TOTAL $359,096 Council Member Goldstein discloses that The Earl Smith Strand Theatre rents space owned by the Herbert S. Goldstein Family Limited Partnership. The Herbert S. Goldstein Family Limited Partnership is owned and managed by members of Council Member Goldstein's family. Council Member Goldstein will not participate in any discussion or vote on this item in his official capacity as a city council member. Council Member Goldstein discloses that GA Metro Dance Theatre is located in space rented by Ashleigh Whitworth and Morgan Stoner and owned by the PMG Whitlock Ave, LLC. PMG Whitlock Ave, LLC is owned and managed by Philip M. Goldstein. Philip Goldstein is the father of Councilmember Goldstein. Council Member Goldstein will not participate in any discussion or vote on this item in his official capacity as a city council member. Council Member Goldstein discloses that the Atlanta Lyric Theatre rents space owned by Philip M. Goldstein. Philip Goldstein is the father of Council Member Goldstein. Council Member Goldstein will not participate in any discussion or vote City of Marietta Page 7 Printed on 6/8/2022 10:32:12AM CITY COUNCIL Meeting Agenda June 8, 2022 on this item in his official capacity as a city council member. Council Member Goldstein discloses that he is on the board of the Marietta Welcome Center representing the City of Marietta. Council Member Goldstein discloses that he is a member of the Marietta/Cobb Museum of Art. Council Member Goldstein discloses that Philip M. Goldstein is a member of the Marietta Square Branding Project. Philip M. Goldstein is the father of Council Member Goldstein. Council Member Goldstein Abstaining * 20220526 The City Club, Marietta Operating Agreement Motion approving an Independent Contractor Agreement with Classic Golf Management, Inc., for the day-to-day operations of the City Club Marietta effective October 1, 2022. * 20220527 Revision to Chalktoberfest Street Closures Motion to approve the revisions to the street closures for Chalktoberfest, changing the closures of W. Park to E. Park for a 30-minute duration on Thursday and the entirety of Friday evening. Council Member Goldstein discloses that he is a member of the Marietta/Cobb Museum of Art. Council Member Goldstein Abstaining 5. Personnel/Insurance: Cheryl Richardson, Chairperson * 20220508 FY 2023 City/BLW Pay and Classification System Documents Motion approving an Ordinance adopting the City of Marietta and Board of Lights and Water Pay and Classification System documents for FY 2023, with any changes to take effect on July 1, 2022. * 20220190 MissionSquare Retirement 457(b) Administrative Services Agreement Motion to approve the updated administrative services agreement on the 457(b) deferred compensation plan with MissionSquare Retirement. City of Marietta Page 8 Printed on 6/8/2022 10:32:12AM CITY COUNCIL Meeting Agenda June 8, 2022 * 20220191 MissionSquare Retirement 401(a) Administrative Services Agreement Motion to approve the updated administrative services agreement on the 401(a) Supplemental Pension Plan with MissionSquare Retirement. 6. Public Safety Committee: M. Carlyle Kent, Chairperson 7. Public Works Committee: Grif Chalfant, Chairperson * 20220516 McDonald Street Speed Study Motion authorizing Public Works to conduct the speed study of McDonald Street from Whitlock Avenue to the cul-de-sac to determine if traffic calming devices are needed. * 20220517 Victory Drive Speed Study Motion authorizing Public Works to conduct the speed study of Victory Drive from Roswell Street to Park Street to determine if traffic calming devices are needed. 20220519 Henry Drive Traffic Calming Motion authorizing Public Works to install a combination concrete speed table and pedestrian crosswalk on Henry Drive, installing a no parking zone on Henry Drive around the speed table, and installing wayfinding signage on Wright Street to direct traffic to Griggs Street and Powder Springs Street with an estimated cost of $25,000.00 and the Marietta Walk Homeowners Association contributing $6,600.00 towards the construction costs. Public Hearing 20220539 Hedges Street Stop Sign Request Motion authorizing Public Works to convert the intersection of Hedges Street and Gadsen Avenue/Raymond Street to a 4-way stop condition with a pedestrian crosswalk with a total estimated cost of $1,500.00. Public Hearing OTHER BUSINESS: City of Marietta Page 9 Printed on 6/8/2022 10:32:12AM CITY COUNCIL Meeting Agenda June 8, 2022 20220421 V2022-13 [VARIANCE] COBB COUNTY KENNESTONE HOSPITAL AUTHORITY V2022-13 [VARIANCE] COBB COUNTY KENNESTONE HOSPITAL AUTHORITY is requesting variances for property zoned OI (Office Institutional), located in Land Lot 1074, District 16, Parcel 0010, 2nd Section, Marietta, Cobb County, Georgia, and being known as 677 Church Street. Ward 4B. 1. Variance to increase the allowable Floor Area Ratio to 1.41 2. Variance to increase the allowable building height to 150’ 3. Variance to reduce the front yard setback along Church Street from 50’ to 6’ 4. Variance to eliminate the 5’ planted border area along an internal accessway. Public Hearing (all parties are sworn in) * 20220566 BLW Actions of June 6, 2022 Review and approval of the June 6, 2022, 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 6/8/2022 10:32:12AM