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, October 12, 2022 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Andy Morris - Ward 4 PLEDGE OF ALLEGIANCE: PRESENTATIONS: 20220874 2022 Fire Prevention Week Poster Contest Winners Marietta Fire Department recognizing the 3rd grade students from each of the Marietta City Schools, who are the winners of the Fire Prevention Week poster contest. AL Burruss Elementary Nehdaveah Adams Dunleith Elementary Hannah Brown Hickory Hills Elementary Jaliyah Nesbitt Lockheed Elementary Avel Joel MCAA Candler Darden Park Street Elementary Isabella Simmons Sawyer Road Elementary Bennett Jackson Westside Elementary Bravery Lawson City of Marietta Page 1 Printed on 10/11/2022 2:46:21PM CITY COUNCIL Meeting Agenda October 12, 2022 20220897 2022 Public Power & Clean Water Week Poster Contest Winners Bradley Welsh from Marietta Water will be presenting the 2022 Public Power & Clean Water Week poster contest winners of Park Street Elementary. Public Power Contest Winners Place Name Teacher Grade Prize Grand Prize Nayeli Baten Perez Mrs. Smith 4c $100 1st Elena Ixmay Mr. Asamoah 4b $50 2nd Georgi Bell Bonilla Mrs. Staphylaris 4d $25 3rd Kendyse Crawford Mrs. Brown 5b $15 Public Water Contest Winners Place Name Teacher Grade Prize Grand Prize Maricela Garcia-Berduo Mrs. Brown 5b $100 1st Camila Najera Mrs. Brown 5b $50 2nd Esbeidy Hernandez Mrs. Brown 5b $25 3rd Kimberli Arias-Valdes Mrs. Brown 5b $15 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. 20220895 Scheduled Appearance Scheduled Appearance - Donald Barth 20220896 Scheduled Appearance Scheduled Appearance - Bob Christian 20220898 Scheduled Appearance Scheduled Appearance - Webb Smith City of Marietta Page 2 Printed on 10/11/2022 2:46:21PM CITY COUNCIL Meeting Agenda October 12, 2022 20220919 Scheduled Appearance Scheduled Appearance - Marjorie Deary 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: * 20220901 Special Meeting - September 14, 2022 Review and approval of the September 14, 2022 Special Called meeting minutes. * 20220902 Regular Meeting - September 14, 2022 Review and approval of the September 14, 2022 regular meeting minutes. MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: ORDINANCES: City of Marietta Page 3 Printed on 10/11/2022 2:46:21PM CITY COUNCIL Meeting Agenda October 12, 2022 20220716 Z2022-21 [REZONING] ROSS DOYLE (BABCOCK BUILDS, LLC.) Z2022-21 [REZONING] ROSS DOYLE (BABCOCK BUILDS, LLC.) are requesting the rezoning of approximately 0.359 acres located in Land Lot 288, District 17, Parcels 0620 & 0640 of the 2nd Section, Cobb County, Georgia, and being known as 202 & 204 Hedges Street from R-4 (Single Family Residential - 4 units/acre) and OI (Office Institutional) to R-4 (Single Family Residential - 4 units/acre). Ward 1A. This Item was TABLED from the Planning Commission from September 6, 2022. At the September 6th, 2022, Planning Commission meeting, a motion was made by Mr. Hunter, seconded by Ms. McCrae, to recommend approval of rezoning without variances. The motion carried 4-1-0. Mr. Anderson opposed. Should City Council approve the rezoning, as recommended by the Planning Commission, no variances would be included. Should City Council approve the rezoning, as requested by the applicant the following (3) variance stipulations would be incorporated as conditions of zoning: 1) Variance to increase the allowable density to 8.33 units/acre [§712.11 (N)] 2) Variance to decrease the minimum lot size for Tract 3 from 5,000 sq.ft. to 3,200 sq.ft. [§712.11 (N)] 3) Variance to allow the existing 4’ sidewalk remain in lieu of providing a new, 5’ sidewalk. Public Hearing (all parties are sworn in) City of Marietta Page 4 Printed on 10/11/2022 2:46:21PM CITY COUNCIL Meeting Agenda October 12, 2022 20220791 Z2022-23 [REZONING] DAWN LEVINE & AMANDA RIEDLING Z2022-23 [REZONING] DAWN LEVINE & AMANDA RIEDLING (ANDREW HAIRETIS) are requesting the rezoning of 0.29 acres located in Land Lot 1159, District 16, Parcel 0270 of the 2nd Section, Cobb County, Georgia, and being known as 192 Church Street from R-4 (Single Family Residential - 4 units/acre) to OI (Office Institutional). Ward 3A. Planning Commission recommends Approval as Stipulated. A motion was made by Mr. Diffley, seconded by Mr. Anderson, to recommend approval. The motion carried 6-0- 0. Should City Council approve the rezoning, the following variance would be incorporated as conditions of zoning: 1)Variance to decrease the minimum parking requirement from 20 parking spaces to 8 parking spaces [§716.07 (Table J.)] Public Hearing (all parties are sworn in) 20220557 CA2022-07 [CODE AMENDMENT] 2022 COMPREHENSIVE PLAN Motion to recommend adoption of the City of Marietta 2022 Comprehensive Plan Update. Planning Commission recommends Approval. A motion was made by Mr. Diffley, seconded by Mr. Anderson, to recommend approval. The motion carried 6 0 0. Public Hearing (all parties are sworn in) RESOLUTIONS: CITY ATTORNEY'S REPORT: * 20220870 Denial of Claim Denial of Claim for Stewart Gittens, Jr. City of Marietta Page 5 Printed on 10/11/2022 2:46:21PM CITY COUNCIL Meeting Agenda October 12, 2022 * 20220871 Denial of Claim Denial of Claim for Addicia Gittens. 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 4. Parks, Recreation and Tourism: Johnny Walker, Chairperson * 20220787 Merritt Road Landfill Motion to approve the resolution in support of the 2022-2023 Georgia Outdoor Stewardship Program Grant application seeking funding of $3,000,000 for the capping and redevelopment of the Merritt Road inert landfill to an outdoor recreation use with a commitment of local matching funds of $1,005,350 (25.1%) if selected. * 20220854 Marietta Arts Council Trail Fest 2022 Sculpture Extension Motion to approve an extension of six months beginning November 5th for the sculpture displays in Atherton Square and Lewis Park; and the installation of one sculpture to Monarch Park for the same duration as requested by the Marietta Arts Council. City of Marietta Page 6 Printed on 10/11/2022 2:46:21PM CITY COUNCIL Meeting Agenda October 12, 2022 * 20220873 FY2022 Additional Tourism Grant Funds Motion to approve a request of $7,500 for extra Tourism Funds for the Strand Theater 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 7 Printed on 10/11/2022 2:46:21PM CITY COUNCIL Meeting Agenda October 12, 2022 * 20220863 Rottenwood Creek Trail Project - Georgia Power Easement Motion authorizing the execution of the Governmental Encroachment Agreement for Easement with Georgia Power. * 20220864 Alexander Circle Speed Study Motion authorizing Public Works to conduct the speed study of Alexander Circle from Lakewood Drive to Frasier Street to determine if traffic calming devices are needed. * 20220865 Twin Brooks Drive Speed Study Motion authorizing Public Works to conduct the speed study of Twin Brooks Drive from Franklin Gateway to the cul-de-sac to determine if traffic calming devices are needed. 20220866 Bonnie Dell Drive Traffic Calming Proposal Motion authorizing Public Works to install the traffic calming measures for the proposed concept on Bonnie Dell Drive with the estimated costs at $4,000.00. Public Hearing Required 20220867 Maple Avenue Traffic Calming Proposal Motion authorizing Public Works to install the traffic calming measures for the proposed concept on Maple Avenue with the estimated costs of $15,000.00. Public Hearing Required OTHER BUSINESS: City of Marietta Page 8 Printed on 10/11/2022 2:46:21PM CITY COUNCIL Meeting Agenda October 12, 2022 20220792 V2022-25 [VARIANCE] MUSTAQ MOOSA V2022-25 [VARIANCE] MUSTAQ MOOSA are requesting variances for property zoned CRC (Community Retail Commercial) located in Land Lot 1223, District 16, Parcel 0560, 2nd Section, Marietta, Cobb County, Georgia, and being known as 704 Whitlock Avenue. Ward 3A. 1. Variance to reduce the rear building setback from 35 feet to 17.8 feet. [§708.16 H] 2. Variance to increase the maximum front setback from the building to the property line along any public street from 75 ft. to 136.7 ft. [§712.09 G.2.b.i] 3. Variance to reduce the sidewalk from 6 ft. to 5 ft. [§712.09 G.4.a.i] Public Hearing (all parties sworn in) 20220798 V2022-27 [VARIANCE] WELLSTAR HEALTH SYSTEM V2022-27 [VARIANCE] WELLSTAR HEALTH SYSTEM is requesting variances for property zoned OI (Office Institutional), located in Land Lot 1015, District 16, Parcel 0700, 2nd Section, Marietta, Cobb County, Georgia, and being known as 780 Church Street. Ward 4B. 1)Variance to reduce the planted border from 10 ft. to 5 ft. for existing conditions. [§708.12 (G.2)] 2)Variance to increase the impervious surface from 80% to 90%. [§708.23 (H)] Public Hearing (all parties sworn in) * 20220914 Land and Water Conservation Fund Grant for Wildwood Park Motion adopting a resolution agreeing to the terms of a contract for a state grant between the Georgia Department of Natural Resources and the City of Marietta for a grant of financial assistance to develop a disc golf course and other improvements at Wildwood Park and authorize the Mayor to execute said contract on behalf of the City of Marietta, and accept the grant provided for in said contract in the amount of Five Hundred Thousand Dollars ($500,000.00). * 20220921 Edward Byrne Memorial Grant Award Motion to approve an Ordinance amending the Fiscal Year 2023 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 $29,237.00 to purchase general equipment. City of Marietta Page 9 Printed on 10/11/2022 2:46:21PM CITY COUNCIL Meeting Agenda October 12, 2022 * 20220925 Lawrence Street Wall Improvements Project Motion authorizing acquisition of a portion of property and easements at 412 Lawrence Street from Jay H. Carter for the purpose of constructing the Lawrence Street Wall Improvements Project in exchange for $2,000.00. * 20220913 BLW Actions of October 10, 2022 Review and approval of the October 10, 2022 actions and minutes of the Marietta Board of Lights and Water. Council Member Goldstein disclosed that he will be abstaining from agenda item 20220892 (FY23 Sewer System Improvements/ Contract Award) do to the fact that members of his family own property in Downtown Marietta that are affected by the proposed work. Council Member Goldstein will not participate in the discussion of this item in his official capacity as Council Member and will abstain on the vote on this item. UNSCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes, for a combined total of 30 minutes. ADJOURNMENT: City of Marietta Page 10 Printed on 10/11/2022 2:46:21PM