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, January 11, 2023 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Rabbi Daniel Dorsch on behalf of Council Member Joseph Goldstein, Ward 7 PLEDGE OF ALLEGIANCE: PRESENTATIONS: 20221194 Marietta Police Officers Recognition of the newest officers to the Marietta Police Department: Officer Angelique Henry Officer Andrew Price Officer Thomas Price Officer Blake Jerez Presented by Council Member Richardson & Council Member Kent 20230016 Habitat for Humanity Presentation of $500,000 American Rescue Plan Act funds from the City of Marietta to Habitat for Humanity for the Marietta Public Service Housing Program. Presented by Council Member Goldstein PROCLAMATIONS: City of Marietta Page 1 Printed on 1/10/2023 1:52:34PM CITY COUNCIL Meeting Agenda January 11, 2023 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. 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: * 20221190 Regular Meeting - December 14, 2022 Review and approval of the December 14, 2022 regular meeting minutes. * 20221191 Special Meeting - December 22, 2022 Review and approval of the December 22, 2022 special meeting minutes. MAYOR’S APPOINTMENTS: (for informational purposes only) * 20230001 Mayor Pro tem Appointment of Johnny Walker as Mayor Pro tem for a term of one year expiring on January 10, 2024. * 20230002 Presiding Officer Appointment of Andre L. Sims as Presiding Officer for a term of one year expiring January 10, 2024. * 20230003 Economic/Community Development Committee Appointment of Andre L. Sims as Chairman, Joseph R. Goldstein as Vice Chair and M. Carlyle Kent to the Economic/Community Development Committee for a term of one year expiring on January 10, 2024. City of Marietta Page 2 Printed on 1/10/2023 1:52:34PM CITY COUNCIL Meeting Agenda January 11, 2023 * 20230004 Finance/Investments Committee Appointment of Joseph R. Goldstein as Chairman, M. Carlyle Kent as Vice Chair and Cheryl Richardson to the Finance/Investments Committee for a term of one year expiring on January 10, 2024. * 20230005 Judicial/Legislative Committee Appointment of Andy Morris as Chairman, Cheryl Richardson as Vice Chair and Andre L. Sims to the Judicial/Legislative Committee for a term of one year expiring on January 10, 2024. * 20230006 Parks, Recreation & Tourism Committee Appointment of Johnny Walker as Chairman, Andre L. Sims as Vice Chair and Grif Chalfant to the Parks, Recreation and Tourism Committee for a term of one year expiring on January 10, 2024. * 20230007 Personnel/Insurance Committee Appointment of Cheryl Richardson as Chairman, Grif Chalfant as Vice Chair and Johnny Walker to the Personnel/Insurance Committee for a term of one year expiring on January 10, 2024. * 20230008 Public Safety Committee Appointment of M. Carlyle Kent as Chairman, Johnny Walker as Vice Chair and Andy Morris to the Public Safety Committee for a term of one year expiring on January 10, 2024. * 20230009 Public Works Committee Appointment of Grif Chalfant as Chairman, Andy Morris as Vice Chair and Joseph R. Goldstein to the Public Works Committee for a term of one year expiring on January 10, 2024. 20230010 Appointment of Associate Prosecuting Attorneys Motion to allow the appointment of two substitute Prosecuting Attorneys to fill the two-year term of office (to January 2024) of the recent resigning Marietta Municipal Court Prosecuting Attorneys pursuant to OCGA § 15-18-95 CITY COUNCIL APPOINTMENTS: City of Marietta Page 3 Printed on 1/10/2023 1:52:34PM CITY COUNCIL Meeting Agenda January 11, 2023 * 20221149 Cobb Municipal Association 2023 Delegates Appointment of Cheryl Richardson and Carlyle Kent as the voting delegates for the Cobb Municipal Association (CMA) business meetings. * 20221150 Georgia Municipal Association 2023 Delegates Appointment of Andre Sims as the voting delegate and Joseph Goldstein as alternate voting delegate for the Georgia Municipal Association (GMA) business meetings. * 20221166 National League of Cities 2023 Delegates Appointment of Carlyle Kent as the voting delegate and Joseph Goldstein as the alternate voting delegate for the National League of Cities business meetings. * 20221196 Planning Commission Appointment (Ward 1) Reappointment of Craig Smith to the Planning Commission (Ward 1), for a three (3) year term, expiring January 14, 2026. * 20221197 Board of Zoning Appeals Appointment (Ward 1) Appointment of James R. Southerland to the Board of Zoning Appeals (Ward 1) for a three (3) year term, expiring January 14, 2026. ORDINANCES: 20221062 Z2023-01 [REZONING] TIMOTHY DAVID CONNOR JR. Z2023-01 [REZONING] TIMOTHY DAVID CONNOR JR. is requesting the rezoning of 4,000 square feet located in Land Lot 1146, District 16, Parcel 0030 of the 2nd Section, Cobb County, Georgia, and being known as 432 Campbell Hill Street from R-4 (Single Family Residential - 4 units/acre) to R-3 (Single Family Residential - 3 units/acre). Ward 4B. Planning Commission recommends Approval Mr. Diffley made a motion, seconded by Mr. Anderson, to recommend approval as submitted. The motion carried 7-0-0. Public Hearing (all parties sworn in) City of Marietta Page 4 Printed on 1/10/2023 1:52:34PM CITY COUNCIL Meeting Agenda January 11, 2023 20221089 Z2023-02 [REZONING] KENNESTONE DEVELOPMENT PARTNERS, LLC. (JAMES C. DODD JR.) Z2023-02 [REZONING] KENNESTONE DEVELOPMENT PARTNERS llc (JAMES C. DODD JR.) are requesting the rezoning of 0.52 acres located in Land Lot 1013, District 16, Parcels 0430 & 0420 of the 2nd Section, Cobb County, Georgia, and being known as 750 James Street and 630 (aka 730) Tower Road from R-2 (Single Family Residential - 2 units/acre) to PRD-SF (Planned Residential Development - Single Family). Ward 5B. Planning Commission recommends Approval as Stipulated Mr. Anderson made a motion, seconded by Mr. Diffley, to recommend approval of RA-8 zoning with variances. The motion carried 7-0-0. Should Council approve the request the property will be zoned RA-8 (Single Family residential - 8 units per acre) with the following stipulations incorporated as conditions of zoning: ·1) Variance to waive the recreation area requirement (minimum size of 10,000 sf, including both active and passive amenities) [§708.07 (B.1.h)] ·2) Variance to reduce the minimum tract size from 4 acres to 0.52 acres [§708.07 (H)] ·3) Variance to waive or reduce the 30-foot buffer requirement when an RA-8 district abuts a R-2 district [§708.09 (I)] Public Hearing (all parties sworn in) City of Marietta Page 5 Printed on 1/10/2023 1:52:34PM CITY COUNCIL Meeting Agenda January 11, 2023 20220978 Z2022-29 [REZONING] BEAZER HOMES, LLC. Z2022-29 [REZONING] BEAZER HOMES, LLC. (DIVERSIFIED TRUST COMPANY, INC.) are requesting the rezoning of 175 acres located in Land Lot 655, Parcels 0040 0050; Land Lot 713, Parcel 0360; Land Lot 714, Parcels 0010 & 0030; Land Lot 715, Parcels 0010, 0020, 0050; Land Lot 725, Parcel 0010; Land Lot 726, Parcel 0010; Land Lot 727, Parcel 0010; Land Lot 787, Parcel 0010; Land Lot 788, Parcel 0010; and Land Lot 786, Parcel 0030, District 16, of the 2nd Section, Cobb County, Georgia, and being known as property on Bells Ferry Road, 2247 Bells Ferry Road, property on Laura Lake Road, 150, 151, & 154 Laura Lake Road, and 1775 Bells Ferry Road from R-20 (Single Family Residential) in the County and RA-8 (Single Family Residential Attached - 8 units/acre)in the City to PRD-SF (Planned Residential Development - Single Family Residential) in the City. Ward 5B. TABLED at the December 14, 2022 City Council Meeting Ms. McCrae made a motion, seconded by Mr. Smith, to recommend denial as submitted. The motion failed with a vote of 3 3 0. Mr. Anderson, Mr. Hunter and Mr. McClure opposed. Should Council approve the request the following is incorporated as a condition of zoning: 1.Letter of stipulations and conditions from J. Kevin Moore of Moore Ingram Johnson & Steele to Shelby Little, Planning & Zoning Manager for the City of Marietta, dated December 6, 2022. Public Hearing (all parties sworn in) City of Marietta Page 6 Printed on 1/10/2023 1:52:34PM CITY COUNCIL Meeting Agenda January 11, 2023 20220979 A2022-05 [ANNEXATION] BEAZER HOMES, LLC. A2022-05 [ANNEXATION] BEAZER HOMES, LLC. (DIVERSIFIED TRUST COMPANY, INC.) are requesting the annexation of property located in Land Lot 655, Parcels 0040 0050; Land Lot 713, Parcel 0360; Land Lot 714, Parcels 0010 & 0030; Land Lot 715, Parcels 0010, 0020, 0050; Land Lot 725, Parcel 0010; Land Lot 726, Parcel 0010; Land Lot 727, Parcel 0010; Land Lot 787, Parcel 0010; Land Lot 788, Parcel 0010, District 16, of the 2nd Section, Cobb County, Georgia, and being known as property on Bells Ferry Road, 2247 Bells Ferry Road, property on Laura Lake Road, 150, 151, & 154 Laura Lake Road, consisting of approximately 168.42 acres, and all applicable rights-of-way. Ward 5B. TABLED at the December 14, 2022 City Council Meeting Mr. Anderson made a motion, seconded by Mr. McClure, to recommend approval as submitted. The motion failed with a vote of 3-3-0. Mr. Diffley, Mr. Smith and Ms. McCrae opposed. Public Hearing (all parties sworn in) 20220980 CA2022-11 [CODE AMENDMENT] BEAZER HOMES, LLC. CA2022-11 [CODE AMENDMENT] BEAZER HOMES, LLC. (DIVERSIFIED TRUST COMPANY, INC.) In conjunction with the requested annexation of property located in located in Land Lot 655, Parcels 0040 0050; Land Lot 713, Parcel 0360; Land Lot 714, Parcels 0010 & 0030; Land Lot 715, Parcels 0010, 0020, 0050; Land Lot 725, Parcel 0010; Land Lot 726, Parcel 0010; Land Lot 727, Parcel 0010; Land Lot 787, Parcel 0010; Land Lot 788, Parcel 0010; and Land Lot 786, Parcel 0030, District 16, of the 2nd Section, Cobb County, Georgia, and being known as property on Bells Ferry Road, 2247 Bells Ferry Road, property on Laura Lake Road, 150, 151, & 154 Laura Lake Road, and 1775 Bells Ferry Road, the City of Marietta proposes to designate the Future Land Use of said property as LDR (Low Density Residential). Ward 5B. TABLED at the December 14, 2022 City Council Meeting Mr. Anderson made a motion, seconded by Mr. McClure, to recommend approval as submitted. The motion failed with a vote of 3-3-0. Mr. Diffley, Mr. Smith and Ms. McCrae opposed. Public Hearing (all parties sworn in) City of Marietta Page 7 Printed on 1/10/2023 1:52:34PM CITY COUNCIL Meeting Agenda January 11, 2023 RESOLUTIONS: CITY ATTORNEY'S REPORT: * 20221158 Denial of Claim Denial of Claim for Anthony Brooks. * 20221179 Denial of Claim Denial of Claim for Rafael Ramirez. 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 5. Personnel/Insurance: Cheryl Richardson, Chairperson 6. Public Safety Committee: M. Carlyle Kent, Chairperson 7. Public Works Committee: Grif Chalfant, Chairperson * 20221143 Donation of Right-of-Way Motion authorizing the Public Works to receive the donation of 1,707 square feet of right-of-way located at 76 Olive Street per the Quitclaim Deed from Bailey Pallet, LLC. Ward 1A. City of Marietta Page 8 Printed on 1/10/2023 1:52:34PM CITY COUNCIL Meeting Agenda January 11, 2023 * 20221144 Dodd Street Utilities - AO2GPJ4 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 Dodd Street, from the intersection of Claymore Drive to the last pole south of Roswell 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. Wards 1A and 7A. 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. * 20221145 Manget Street Speed Study Motion authorizing Public Works to conduct the speed study of Manget Street from Waterman Street to Grogan Street to determine if traffic calming devices are needed. Ward 1A. * 20221146 Fort Street On-Street Parking Motion authorizing a no parking zone to be installed along the north side of Fort Street west of Wood Drive with an estimated cost of $500.00. Ward 5A. * 20221148 Atlanta Street & Waverly Way Intersection Improvement Project Motion authorizing Public Works to proceed with the construction of the intersection safety improvements at Atlanta Street and Waverly Way as stated in Option 2 which includes the installation of a traffic signal, decorative signal poles, brick crosswalks, widened brick sidewalks, new street pavement throughout the intersection, acquisition of required right-of-way and construction easements, and other safety improvements as required, at an estimated cost of $569,884.80. This project to be funded as a pedestrian safety improvement project from the 2022 SPLOST General Streets & Drainage account. Wards 1A & 5A Council Member Goldstein discloses that Farzad Ghasemshahi is a tenant of members of his family and/or entities owned by members of his family. Farzad Ghasemshahi is believed to be a tenant of or has a business at 72 Atlanta Street. City of Marietta Page 9 Printed on 1/10/2023 1:52:34PM CITY COUNCIL Meeting Agenda January 11, 2023 20221147 James Street Speed Limit Reductions Motion to lower and post the speed limit to 25 MPH on the following streets in accordance with the Manual on Uniform Traffic Control Devices (MUTCD): Ward 5B • James Street (from Tower Road to end) • James Court (from James Street to James Street) • Lee Drive (from James Street to end) Public Hearing OTHER BUSINESS: * 20230019 GTIB Application Motion authorizing Public Works to submit a grant application to the Georgia Transportation Infrastructure Bank (GTIB) for the reconstruction of the Franklin Gateway Bridge. * 20230017 Annual Comprehensive Financial Report Motion to receive and file the FY2022 Annual Comprehensive Financial Report. * 20221192 BLW Actions of January 9, 2023 Review and approval of the January 9, 2023 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 1/10/2023 1:52:34PM