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, August 10, 2022 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Grif Chalfant, Ward 2 PLEDGE OF ALLEGIANCE: PRESENTATIONS: 20220740 National PAL Officer of the Year Presentation to recognize Major Michael Goins for being selected as the National PAL Officer of the Year for 2022. Presented by Council Member Walker & Council Member Kent 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. City of Marietta Page 1 Printed on 8/9/2022 3:18:00PM CITY COUNCIL Meeting Agenda August 10, 2022 20220684 Scheduled Appearance Scheduled Appearance - Donald Barth 20220712 Scheduled Appearance Scheduled Appearance - Merv McDonald 20220745 Scheduled Appearance Scheduled Appearance - Lindsey Wiles 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: * 20220737 Regular Meeting - July 13, 2022 Review and approval of the July 13, 2022 regular meeting minutes. * 20220738 Special Meeting - July 26, 2022 Review and approval of the July 26, 2022 special meeting minutes. MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: ORDINANCES: City of Marietta Page 2 Printed on 8/9/2022 3:18:00PM CITY COUNCIL Meeting Agenda August 10, 2022 20220629 Z2022-20 [REZONING] ELLIOT HOMES, LTD. Z2022-20 [REZONING] ELLIOT HOMES, LTD. is requesting the rezoning of 2.3 acres located in Land Lot 1224, District 16, Parcels 0530 & 0430 of the 2nd Section, Cobb County, Georgia, and being known as 807 & 811 Polk Street from R-1 (Single Family Residential/Agriculture - 1 units/acre) to PRD-SF (Planned Residential Development - Single Family). Ward 3A. Planning Commission recommends Approval as Stipulated A motion was made by Mr. Anderson, seconded by Mr. Diffley, to recommend approval as stipulated. The motion carried 6-1-0. Ms. McCrae opposed. If Council approves the rezoning, the following stipulations would be incorporated as conditions of zoning: 1) Letter of Stipulations from Garvis L. Sams of Sams, Larkin & Huff, LLP. to Russell J. Roth, City of Marietta Director of Development Services, dated July 14, 2022. 2) Revised Consolidated Stipulation Letter from Garvis L. Sams of Sams, Larkin & Huff, LLP. to Russell J. Roth, City of Marietta Director of Development Services, dated December 6, 2019. Public Hearing (all parties sworn in) 20220638 A2022-04 [DEANNEXATION] SARAH & WILLIAMROBERT GREEN A2022-04 [DEANNEXATION] SARAH & WILLIAMROBERT GREEN are requesting the deannexation of property located in Land Lot 855, District 16, Parcel 0070 of the 2nd Section, Cobb County, Georgia and being known as 1611 Dickson Drive, consisting of approximately 2.729 acres, and all applicable rights-of-way. Ward 5B. Planning Commission recommends Approval A motion was made by Ms. McCrae, seconded by Mr. Anderson, to recommend approval. The motion carried 7-0-0. Public Hearing (all parties sworn in) City of Marietta Page 3 Printed on 8/9/2022 3:18:00PM CITY COUNCIL Meeting Agenda August 10, 2022 RESOLUTIONS: CITY ATTORNEY'S REPORT: CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: 1. Economic/Community Development: Andre L. Sims, Chairperson 2. Finance/Investment: Joseph R. Goldstein, Chairperson 3. Judicial/Legislative: G. A. (Andy) Morris, Chairperson 20220632 Charter Amendment to Section 5.2 of the Charter of the City of Marietta Related to Powers and duties generally; contracts Motion to approve the first reading of an Amendment to the Charter for City of Marietta amending Section 5.2 entitled Powers and duties generally; contracts. First Reading Public Hearing 4. Parks, Recreation and Tourism: Johnny Walker, Chairperson City of Marietta Page 4 Printed on 8/9/2022 3:18:00PM CITY COUNCIL Meeting Agenda August 10, 2022 * 20220714 Marietta Visitors Bureau Grant Request Motion to approve a request of $5,000 for extra Tourism Funds for The Marietta Visitors Bureau and the amendment to the Welcome Center Contract. 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 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 5. Personnel/Insurance: Cheryl Richardson, Chairperson 6. Public Safety Committee: M. Carlyle Kent, Chairperson 7. Public Works Committee: Grif Chalfant, Chairperson City of Marietta Page 5 Printed on 8/9/2022 3:18:00PM CITY COUNCIL Meeting Agenda August 10, 2022 * 20220677 Donation of Right-of-Way Motion authorizing the Public Works to receive the donation of right-of-way located at 420 & 430 Rigby Street per the Quitclaim Deed from Portico Properties Inc. * 20220682 Wright Street Speed Study Motion authorizing Public Works to conduct the speed study of Wright Street from Whitlock to Maxwell to determine if traffic calming devices are needed. * 20220678 Denmead Street Utilities - AO2CDD4 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 North Marietta Parkway, Denmead Street, across North Marietta Parkway, and to Hansell Street for 1,100 feet. 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 Goldstein, Abstaining * 20220679 Scufflegrit Road Utilities - AO29EHY 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 Scufflegrit Road from the intersection of Allgood Road to Brentwood Drive for 1,500 feet. 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 Goldstein, Abstaining City of Marietta Page 6 Printed on 8/9/2022 3:18:00PM CITY COUNCIL Meeting Agenda August 10, 2022 * 20220402 Ayers Avenue Utilities - AO2BE6P 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 Ayers Avenue, Lawrence Street, and Austin Avenue for 2,500 feet. 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 Goldstein, Abstaining * 20220403 Polk Street Utilities - AO2653K 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 Polk Street, Lindley Avenue, Hope Street, Evelyn Street, Faith Street, Debonaire Drive, McCord Street, Cleburne Avenue, Winn Street, and Brown Avenue for 14,232 feet. 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 Goldstein, Abstaining 20220711 Stream Buffer Variance Request Motion authorizing a variance of 3,463 square feet into the 75-foot impervious stream buffer and 5,747 square feet into the 50-foot undisturbed stream buffer at 816 Meyer View Lane. Public Hearing Required OTHER BUSINESS: City of Marietta Page 7 Printed on 8/9/2022 3:18:00PM CITY COUNCIL Meeting Agenda August 10, 2022 * 20220707 Property & Casualty/Miscellaneous Insurance Coverage Motion to approve the City of Marietta/BLW property & casualty and other miscellaneous Insurance coverage, premiums, and companies utilized for the policy period of August 17, 2022, to August 17, 2023. * 20220744 Fire Station 51 Motion to approve the use of up to $325,000 of the Coronavirus State and Local Fiscal Revenue Replacement Funds for the repair of the awning at Fire Station 51 including a Budget Amendment. 20220746 Ordinance Amendments Related to Chapter 8-20 - Adult Entertainment Establishments Motion to repeal existing Chapter 8-20 entitled "Adult Entertainment Establishments" of the Code of Ordinances of the City of Marietta and replace with the new Chapter 8-20 “Adult Establishments” by adopting new Sections 8-20-010, et seq.; to amend Section 8-8-2-130, Paragraph A, of the Code of Ordinances of the City of Marietta; and to amend Section 8-4-040, Paragraph C, of the Code of Ordinances of the City of Marietta. First Reading * 20220751 Amendments to Section 700 Motion to authorize staff to advertise an amendment to Section 700 - Zoning Ordinance. 20220557 CA2022-07 [CODE AMENDMENT] 2022 COMPREHENSIVE PLAN Motion to approve transmittal resolution submitting the City of Marietta 2022 Comprehensive Plan draft to the Atlanta Regional Commission and the Georgia Department of Community Affairs for review. Planning Commission recommends Approval A motion was made by Mr. Kinney, seconded by Mr. Diffley, to recommend approval. The motion carried 7-0-0. Public Hearing (all parties sworn in) City of Marietta Page 8 Printed on 8/9/2022 3:18:00PM CITY COUNCIL Meeting Agenda August 10, 2022 * 20220739 BLW Actions of August 8, 2022 Review and approval of the August 8, 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 9 Printed on 8/9/2022 3:18:00PM