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, November 9, 2022 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Carlyle Kent, Ward 5 PRESENTATION OF COLORS: Marietta High School AFJROTC PLEDGE OF ALLEGIANCE: PRESENTATIONS: 20221009 Cobb Veterans Memorial Foundation Presentation by Council Member Cheryl Richardson to the Cobb Veterans Memorial Foundation. City of Marietta Page 1 Printed on 11/9/2022 10:10:21AM CITY COUNCIL Meeting Agenda November 9, 2022 20221008 Youth Government Academy Graduates The following are graduates from our 2022 Youth Government Academy Class: Leo Argueta-Tzun Jake Austin Abhinav Bansal Charlotte Bullington Mae Bullington Vale Cruz Sarah Kate Harris Caitlyn Henry Alyssa Ramirez Cade Rhone Jacob Ross Liv Ross Triston Smith Neil Tandel Grace Weeks 20221022 Marietta High School Cross Country Presentation by Mayor Tumlin to Coach Coleman and the Varsity Boys & Varsity Girls at Marietta High School for being the Cross Country State Champs. 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. 20221010 Scheduled Appearance Scheduled Appearance - Dan Cox City of Marietta Page 2 Printed on 11/9/2022 10:10:21AM CITY COUNCIL Meeting Agenda November 9, 2022 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: * 20220996 Regular Meeting - October 12, 2022 Review and approval of the October 12, 2022 regular meeting minutes. MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: * 20220932 Civil Service Board - Post 4 Reappointment of Paul J. Southern to the Marietta Civil Service Board (Post 4), for a three-year term, effective January 1, 2023 and expiring on December 31, 2025. Mr. Southern has served on the Board since January 2020. ORDINANCES: 20220879 Z2022-24 [REZONING] NOBIS WORKS, INC. Z2022-24 [REZONING] NOBIS WORKS, INC. is requesting the rezoning of 3.761 acres located in Land Lot 870, District 16, Parcel 0080 of the 2nd Section, Cobb County, Georgia, and being known as 1488 Bells Ferry Road from OI (Office Institutional) to LI (Light Industrial). Ward 4B. The Planning Commission recommends Approval Mr. Anderson made a motion, seconded by Mr. McClure, to recommend approval as submitted. The motion carried 4 3 0. Mr. Diffley, Mr. Smith, and Ms. McCrae opposed. Public Hearing (all parties are sworn in) City of Marietta Page 3 Printed on 11/9/2022 10:10:21AM CITY COUNCIL Meeting Agenda November 9, 2022 20220890 Z20022-26 [REZONING] THOMAS M. & FABIOLA CARTER Z20022-26 [REZONING] THOMAS M. & FABIOLA CARTER are requesting the rezoning of 0.223 acres located in Land Lot 1143, District 16, Parcel 0860 of the 2nd Section, Cobb County, Georgia, and being known as 308 North Fairground Street from CRC (Community Retail Commercial) to R-4 (Single Family Residential - 4 units/acre). Ward 5B. The Planning Commission recommends Approval as Stipulated Mr. Diffley made a motion, seconded by Mr. Hunter, to recommend approval as submitted. The motion carried 7-0-0. Should Council approve the rezoning request the following variance would be incorporated as a condition of zoning: 1. Variance to allow any existing setback encroachments to remain on the same building footprint. Any future additions will comply with the standard R-4 bulk and area regulations. Public Hearing (all parties sworn in) 20220891 Z2022-25 [REZONING] SANDRA W. WALLS, DAVID JESSE McDOUGALL, JAMES H. WALLS JR. Z2022-25 [REZONING] SANDRA W. WALLS, DAVID JESSE MCDOUGALl, AND JAMES H. WALLS JR. are requesting the rezoning of 1.88 acres located in Land Lot 1239, District 16, Parcels 0040 & 0250 of the 2nd Section, Cobb County, Georgia, and being known as 1294 & 1300 Roswell Road from CRC (Community Retail Commercial) and R-2 (Single Family Residential - 4 units/acre) to CRC (Community Retail Commercial). Ward 7A. The Planning Commission recommends Approval as Stipulated. Mr. Diffley made a motion, seconded by Ms. McCrae, to recommend approval with stipulation. The motion carried 7-0-0. Should Council approve the request the following variance would be incorporated as a condition of zoning: 1. All code violations be corrected within thirty (30) days. Public Hearing (all parties are sworn in) City of Marietta Page 4 Printed on 11/9/2022 10:10:21AM CITY COUNCIL Meeting Agenda November 9, 2022 RESOLUTIONS: CITY ATTORNEY'S REPORT: * 20220993 Denial of Claim Denial of Claim for Luis Ruiz. * 20221003 Denial of Claim Denial of Claim for Wesley McConnell. CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: 1. Economic/Community Development: Andre L. Sims, Chairperson 2. Finance/Investment: Joseph R. Goldstein, Chairperson * 20220922 FY2022 Budget Reconciliation Motion to approve an amendment to the Fiscal Year 2022 budget to address the annual year-end settlement of accounts to move the salary savings due to unfiled position for the purchase of equipment, to move the General fund capital contingency to user departments to cover approved capital items, and to appropriate the operation surplus in various funds of the City. 20220962 Marietta Conference Center and Resort Motion to approve the request by Marietta Leasehold, L.P. to assign its interest in the Marietta Conference Center and Resort Lease to a new entity entitled Ashford TRS Marietta, LLC. 3. Judicial/Legislative: G. A. (Andy) Morris, Chairperson City of Marietta Page 5 Printed on 11/9/2022 10:10:21AM CITY COUNCIL Meeting Agenda November 9, 2022 * 20220858 Marietta Water Works Signage Motion to approve the proposal by the Historic Preservation Commission to place an informative historical marker in front of the Marietta Water Works on Sessions Street. * 20220958 Final Plat - Promenade Ridge Motion to approve the final plat for Promenade Ridge, a 30-unit single family detached subdivision located off of Fairlane Drive (Z2020-14). This plat includes the dedication of public streets. 4. Parks, Recreation and Tourism: Johnny Walker, Chairperson * 20220852 Hugh L. Grogan Community Center Lease Motion to approve an Intergovernmental Agreement between the City of Marietta and the Marietta Development Authority for the Marietta Police Athletic League for space located in the Hugh L. Grogan Community Center. 5. Personnel/Insurance: Cheryl Richardson, Chairperson * 20220931 Civil Service Board Election - Post 4 Motion to approve the certified Uncontested Election results for the Marietta Civil Service Board Post 4 vacancy, electing Paul J. Southern for a term of three years, effective January 1, 2023 and expiring on December 31, 2025. 6. Public Safety Committee: M. Carlyle Kent, Chairperson * 20220964 FY22 Implementing Crisis Intervention Teams- Community Policing Development Solicitation Grant Approval 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 FY22 Implementing Crisis Intervention Teams- Community Policing Development Solicitation, award number FAW - 173616 from the U.S. Department of Justice, Office of Community Oriented Policing Services in the amount of $143,000.00 to contract a Behavioral Health Specialist or Licensed Clinical Social Worker to develop and deploy a law enforcement-based co-responder team. City of Marietta Page 6 Printed on 11/9/2022 10:10:21AM CITY COUNCIL Meeting Agenda November 9, 2022 * 20220965 CJCC Law Enforcement Training Program - Use of Force / De-escalation Grant Motion to approve an Ordinance amending the Fiscal Year 2023 Grant Fund for the Marietta Police Department to receive and appropriate a grant for CJCC Law Enforcement Training Program - Use of Force / De-escalation Grant Award from the Georgia Criminal Justice Coordinating Council for $37,300.00 for the Brazilian Jiu-jitsu training. 7. Public Works Committee: Grif Chalfant, Chairperson * 20220956 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 and the Director of Public Works as the DBE Liaison Officer. 20220946 Proposed Lemon Street Traffic Calming Motion authorizing Public Works to install a speed table on Lemon Street between Hanlon Road and Rigby Street with an estimated cost of $1,500.00. Ward 5A Public Hearing Required 20220947 Proposed Montgomery Street Traffic Calming Motion authorizing Public Works to lower the speed limit to 25 MPH on Montgomery Street from Cherokee Street to Wellons Avenue with an estimated cost of $500.00. Ward 5A Public Hearing Required * 20220948 Sibley Street On-Street Parking Motion authorizing a no parking zone to be installed along the east side of Sibley Street and no truck parking signage installed on the west side of Sibley Street from Gresham Avenue to Key Drive. Ward 5A. City of Marietta Page 7 Printed on 11/9/2022 10:10:21AM CITY COUNCIL Meeting Agenda November 9, 2022 * 20220949 Faith, Hope, & Debonaire Area Speed Study Request Motion authorizing Public Works to lower the speed limit to 25 MPH on Faith Street, Hope Street, and Debonaire Drive with an estimated cost of $500.00. Public Works will also conduct a speed study, after the speed limits have been properly lowered, for Faith Street, Hope Street, and Debonaire Drive to determine if traffic calming devices are needed. Ward 3A 20220950 Proposed Stream Buffer Variance - 1350 Old Bells Ferry Road Motion authorizing a stream buffer variance for 1350 Old Bells Ferry Road development to include a stipulation of recording the deed restricted area as proposed in the exhibits. Ward 4B Public Hearing Required OTHER BUSINESS: 20220883 V2022-34 [VARIANCE] ARIADNE NIKIFOROU V2022-34 [VARIANCE] ARIADNE NIKIFOROU is requesting variances for property zoned CRC (Community Retail Commercial), located in Land Lot 1235, District 16, Parcel 0880, 2nd Section, Marietta, Cobb County, Georgia, and being known as 670 Roswell Street. Variance to allow an automotive repair shop (including paint and body) within 200 feet of a property used for a school or park; variance to allow an automotive repair shop (including paint and body) within 200 feet of a property zoned R-4; variance to allow an automotive repair shop (including paint and body) operate within the Commercial Corridor Design Overlay - Tier A; variance to allow tree removal within the existing buffer to be replaced with one row of evergreen trees; variance to allow gravel as an acceptable parking surface, only as shown on the attached application. Ward 1A. Public Hearing (all parties sworn in) * 20221020 MEAG Off-System Energy Sales Margins Power Supply Year 2023 Motion to approve a recommendation by the Board of Lights and Water to elect the continuation of Off-System Energy Sales as credits to the monthly MEAG bills and execute the election form for the power supply year 2023. City of Marietta Page 8 Printed on 11/9/2022 10:10:21AM CITY COUNCIL Meeting Agenda November 9, 2022 * 20221023 Acquisition of Easement at 334 Cobb Pkwy for the White Avenue Sidewalks Project Motion authorizing acquisition of a portion of property and easements at 334 Cobb Parkway from ADCD Real Estate for the purpose of constructing the White Avenue Sidewalk Project in exchange for $1,292.76. * 20221024 Fairground St (Fairground B) - 557 Waterman Street Motion authorizing acquisition of easements at 557 Waterman Street from Azalea Holdings Group, LLC for the purpose of constructing the Fairground St - South Marietta Parkway to Roswell Street (Fairground B) Project in exchange for $5,480.50. * 20221025 Acquisition of Easements at 1071 Cobb Pkwy S for the Rottenwood Creek Trail Phase I Project. Motion authorizing acquisition of easements at 1071 Cobb Pkwy S from Ally Realty, LLC for the purpose of constructing the Rottenwood Creek Trail Phase I Project in exchange for $4,800.00. * 20221026 Acquisition of driveway easements at 991 Cobb Pkwy S for the Rottenwood Creek Trail Phase I Project. Motion authorizing acceptance of the driveway easement at 991 Cobb Pkwy S from ALM Realty, LLC for the purpose of constructing the Rottenwood Creek Trail Phase I Project. * 20221027 Acquisition of driveway easements at 1021 Cobb Pkwy S for the Rottenwood Creek Trail Phase I Project. Motion authorizing acceptance of the driveway easement at 1021 Cobb Pkwy S from Ally Realty, LLC for the purpose of constructing the Rottenwood Creek Trail Phase I Project. * 20221028 Tower Road and Roselane Street Parcels Motion authorizing acquisition and transfer of a portion of property and at 410 Tower Road and 360 Roselane Street from Cherokee Street Associates LLC, Wiggins Associates LLC, and the City of Marietta. Wiggins Associates LLC will receive tract A and Cherokee Street LLC will receive tracts F that total 0.038 acres and the City of Marietta will receive tracts B, C, D, and E that total 0.038 acres. City of Marietta Page 9 Printed on 11/9/2022 10:10:21AM CITY COUNCIL Meeting Agenda November 9, 2022 * 20221004 BLW Actions of November 7, 2022 Review and approval of the November 7, 2022 actions and minutes of the 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 11/9/2022 10:10:21AM