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, December 14, 2022 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Rev. Dr. Tar U Way Bright, Senior Pastor, Turner Chapel AME Church PRESENTATION OF COLORS: Boy Scout Troop 312 - Turner Chapel AME Church PLEDGE OF ALLEGIANCE: Council Member Andre Sims, Ward 6 PRESENTATIONS: 20221126 “2022 Attraction Partner of the Year" Award Presentation of Cobb Travel & Tourism’s “2022 Attraction Partner of the Year" Award to the Marietta Museum of History 20221127 “2022 Hospitality Hero of the Year” Award Presentation of Cobb Travel & Tourism’s “2022 Hospitality Hero of the Year” Award to Connie Sutherland for her dedication to the Marietta Gone With the Wind Museum. PROCLAMATIONS: City of Marietta Page 1 Printed on 12/14/2022 2:03:00PM CITY COUNCIL Meeting Agenda December 14, 2022 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. 20221060 Scheduled Appearance Scheduled Appearance - Donald Barth 20221107 Scheduled Appearance Scheduled Appearance - Rochelle Carr 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: * 20221111 Regular Meeting - November 9, 2022 Review and approval of the November 9, 2022 regular meeting minutes. MAYOR’S APPOINTMENTS: (for informational purposes only) * 20221135 BLW Council Appointment Pursuant to Section 5.1 (b) (2) of the City Charter, the Mayor’s appointment of the councilmember to serve on the BLW Board as Council representative is Councilmember Andy Morris of Ward 4 to serve on the BLW Board for a one-year turn commencing. 1/1/23 and ending 12/31/23. CITY COUNCIL APPOINTMENTS: City of Marietta Page 2 Printed on 12/14/2022 2:03:00PM CITY COUNCIL Meeting Agenda December 14, 2022 * 20221044 Marietta Pension Board - Ex Officio (Designee of Police Chief) Appointment of Major Patrick Bonito to the Marietta Pension Board (Ex Officio) beginning on January 1, 2023, as designated by the Police Chief, to be reappointed with each successive council. Major Bonito votes in the absence of the appointed Police Representative. * 20221046 Marietta Pension Board - Post 4 (General Employee Representative) Appointment of Ronnie Barrett to the Marietta Pension Board (Post 4) for a three-year term beginning on January 1, 2023, and expiring on December 31, 2025. * 20221047 Marietta Pension Board - Post 5 (General Employee Representative) Appointment of Patina Brown to the Marietta Pension Board (Post 5) for a three-year term beginning on January 1, 2023, and expiring on December 31, 2025. * 20221048 Marietta Pension Board - Post 8 (Police Representative) Appointment of Jared Rakestraw to the Marietta Pension Board (Post 8) for a three-year term beginning on January 1, 2023, and expiring on December 31, 2025. * 20221102 Historic Preservation Commission Appointment Ward 3 Reappointment of Chris Campbell to the Historic Preservation Commission (Ward 3), for a three (3) year term expiring December 14, 2025. * 20221106 Marietta Historic Board of Review - Ward 5 Appointment of Jesse D. Bonner, Jr., to the Marietta Historic Board of Review (Ward 5), to expire May 12, 2023. * 20221014 Civil Service Board Appointment (Council Appointment) Reappointment of James Tarvin to the Civil Service Board (Post 3), for three (3) year term beginning January 1, 2023 and expiring December 31, 2025. ORDINANCES: City of Marietta Page 3 Printed on 12/14/2022 2:03:00PM CITY COUNCIL Meeting Agenda December 14, 2022 20220971 Z2022-27 [REZONING] IVO HORAK Z2022-27 [REZONING] IVO HORAK is requesting the rezoning of 0.65 acres located in Land Lot 218, District 17, Parcel 0340 of the 2nd Section, Cobb County, Georgia, and being known as 47 Gramling Street from OI (Office Institutional) to CRC (Community Retail Commercial). Ward 1A. Planning Commission recommends Approval as Stipulated Mr. Smith made a motion, seconded by Mr. Anderson, to recommend approval with stipulation. The motion carried 6 0 0. Should Council approve the request the following is incorporated as a condition of zoning: 1.Letter from Dr. Ivo Horak to the City of Marietta dated December 2, 2022, with tattoo parlors added as a prohibited use.. Public Hearing (all parties sworn in) 20220976 Z2022-28 [REZONING] 761 POWDER SPRINGS, LLC. Z2022-28 [REZONING] 761 POWDER SPRINGS, LLC. is requesting the rezoning of 0.87 acres located in Land Lot 148, District 17, Parcel 0290 of the 2nd Section, Cobb County, Georgia, and being known as 761 Powder Springs Street from OI (Office Institutional) to CRC (Community Retail Commercial). Ward 3B. Planning Commission recommends Approval Mr. McClure made a motion, seconded by Mr. Hunter, to recommend approval as submitted. The motion carried 6-0-0. Public Hearing (all parties sworn in) RESOLUTIONS: CITY ATTORNEY'S REPORT: CITY MANAGER'S REPORT: MAYOR'S REPORT: City of Marietta Page 4 Printed on 12/14/2022 2:03:00PM CITY COUNCIL Meeting Agenda December 14, 2022 COMMITTEE REPORTS: 1. Economic/Community Development: Andre L. Sims, Chairperson * 20221043 Additional Down Payment Assistance Agreement and Resolution Motion to approve the intergovernmental agreement between the City of Marietta and the Housing Authority of Cobb County to provide Additional Down Payment Assistance to eligible City and MCS employees purchasing homes in the City of Marietta and to approve a resolution authorizing the Housing Authority of Cobb County to operate the Additional Down Payment Assistance Program within the City Limits. * 20221045 Marietta Public Service Housing Program Motion to approve the MOU with Habitat for Humanity of Northwest Metro Atlanta for the Marietta Public Service Housing Program funded by State and Local Fiscal Recovery Funds. 2. Finance/Investment: Joseph R. Goldstein, Chairperson * 20220924 ARPA Available Funds Motion to disperse the remainder of the unencumbered Coronavirus State and Local Fiscal Recovery Funds designated as Revenue Loss in the following ways: $1,000,000 for the Merritt Road Landfill, $2,000,000 to purchase the Anderson Road Park with the provision that monies will be returned to the fund should the purchase not be completed, $112,193 to supplement CARES Funds for Cardiac Monitor Replacement, Retrofit of Fire Station Sleeping Areas, Stair Chairs, LUCAS Machines, and AEDs, and $493,388 to be divided by seven ($70,484) to be allocated as by each individual council member, and to approve a corresponding budget amendment. City of Marietta Page 5 Printed on 12/14/2022 2:03:00PM CITY COUNCIL Meeting Agenda December 14, 2022 * 20221051 Dissolution of the Center City South Renaissance Tax Allocation District (CCSR TAD) Motion to approve a resolution which dissolves the Center City South Renaissance Tax Allocation District (CCSR TAD). 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. 3. Judicial/Legislative: G. A. (Andy) Morris, Chairperson * 20221049 Final Plat - The Gate at Hamilton Grove (Ph. 1) Motion to approve the Phase 1 final plat for the Gate at Hamilton Grove (fka The Dugout Z2020-09). Phase 1 contains fourteen (14) units and private streets. * 20221061 2022 City Council Meeting Dates Motion to approve the 2023 proposed meeting dates for City Council & Committee Meetings. * 20221069 Redistricting Ward Map Study Committee Motion to appoint Cheryl Richardson, Andy Morris and Andre Sims to the Redistricting Ward Map Study Committee. The Council and School Board Redistricting Ward Map Study Committee will consist of 3 voting Council members and a school board representative with voice only. Staff to facilitate using 2020 census with suitable software. Vote to be held before council on Map by October 2023 for the City Election in November of 2025. 20221066 Interagency Services Agreement with Marietta City Schools Motion to approve the renewal of the Interagency Services Agreement for School Bus Photo Enforcement between the City of Marietta and Marietta City Schools. 4. Parks, Recreation and Tourism: Johnny Walker, Chairperson 5. Personnel/Insurance: Cheryl Richardson, Chairperson 6. Public Safety Committee: M. Carlyle Kent, Chairperson City of Marietta Page 6 Printed on 12/14/2022 2:03:00PM CITY COUNCIL Meeting Agenda December 14, 2022 7. Public Works Committee: Grif Chalfant, Chairperson 20221036 Proposed Hedges Street Traffic Calming Motion authorizing Public Works to lower the speed limit to 25 MPH on Hedges Street from Powder Springs Street to West Atlanta Street with an estimated cost of $500.00. Ward 1A. Public Hearing Required * 20221037 Maple Avenue Speed Study Motion authorizing Public Works to conduct the speed study of Maple Avenue from Cleburne Avenue to Kennesaw Avenue to determine if traffic calming devices are needed. Wards 3A and 4A. * 20221038 St. Mary’s Lane Speed Study Motion authorizing Public Works to conduct the speed study of St Mary’s Lane from St Anne’s Road to Kennesaw Avenue to determine if traffic calming devices are needed. Ward 4A. 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) City of Marietta Page 7 Printed on 12/14/2022 2:03:00PM CITY COUNCIL Meeting Agenda December 14, 2022 * 20221132 MEAG Power 2023 Sale of Excess Reserve Capacity/ City of Newnan Motion to approve the recommendation by the Board of Lights and Water for approval of the attached agreement allowing the Municipal Electric Authority of Georgia (MEAG) Power to sell 2023 excess reserve capacity, on our behalf, to the City of Newnan, and to authorize the Mayor/ Chairman to execute this agreement for the specified amounts. * 20221133 MEAG Power Sale of Supplemental Capacity to Newnan Motion to approve the recommendation by the Board of Lights and Water for approval of the Sale of Supplemental Capacity to the City of Newnan and to authorize the Mayor/ Chairman to execute this agreement for the specified amounts. * 20221134 MEAG Solar Power Purchase Contract/ 1st Amendment Motion to approve the recommendation by the Board of Lights and Water for approval of the 1st Amendment to the MEAG Solar Power Purchase Contract between MEAG and the City of Marietta and to authorize the Mayor/ Chairman to execute the agreement, as presented to the Board of Lights and Water. * 20221136 1525 Church Street Extension Right-of-Way Motion authorizing abandonment and transfer of a portion of property and right-of-way at 1525 Church Street Extension with a total area of 0.138 acres for the purchase price of $48,300.00 to Kemira Chemicals, Inc. * 20221131 BLW Actions of December 12, 2022 - Special Called Meeting Review and approval of the December 12, 2022 actions and minutes of the Marietta Board of Lights and Water Special Called Meeting. * 20221112 BLW Actions of December 12, 2022 Review and approval of the December 12, 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 8 Printed on 12/14/2022 2:03:00PM CITY COUNCIL Meeting Agenda December 14, 2022 City of Marietta Page 9 Printed on 12/14/2022 2:03:00PM