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, June 14, 2023 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Carlyle Kent, Ward 5 PLEDGE OF ALLEGIANCE: PRESENTATIONS: 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. 20230499 Scheduled Appearance Scheduled Appearance - Kenneth Robinson. 20230503 Scheduled Appearance Scheduled Appearance - Lessage Durland. City of Marietta Page 1 Printed on 6/13/2023 2:14:52PM CITY COUNCIL Meeting Agenda June 14, 2023 20230553 Scheduled Appearance Scheduled Appearance - Donald Barth. 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: * 20230529 Regular Meeting - May 10, 2023 Review and approval of the May 10, 2023 regular meeting minutes. * 20230530 Special Meeting - May 30, 2023 Review and approval of the May 30, 2023 special meeting minutes. MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: ORDINANCES: City of Marietta Page 2 Printed on 6/13/2023 2:14:52PM CITY COUNCIL Meeting Agenda June 14, 2023 20230423 Z2023-14 [REZONING] SCOTT W. SJOGREN (LALIWALA) Z2023-14 [REZONING] SCOTT W. SJOGREN (LALIWALA) are requesting the rezoning of one acre located in Land Lot 779, District 16, Parcel 0250 of the 2nd Section, Cobb County, Georgia, and being known as 1071 Ruby Drive from CRC (Community Retail Commercial) with stipulations to LI (Light Industrial). Ward 6B. Planning Commission recommends Denial Ms. McCrae made a motion to recommend approval with stipulations. The motion failed due to lack of second. Mr. Smith made a motion, seconded by Mr. Hunter, to recommend denial. The motion carried 4-1-0. Ms. McCrae opposed. Should Council approve, the following variance would be incorporated as a condition of zoning: 1)Variance to permit trailer sales/service within 50 feet of residentially-zoned properties (Section 708.26 B.8.b.) Public Hearing (all parties sworn in) 20230275 CA2023-02 [CODE AMENDMENT] Comprehensive Development Code, Div. 710, Section 710.04, Fences and Walls. Proposal to amend the Comprehensive Development Code of the City of Marietta, Division 710, Supplementary District Regulations, Section 710.04, Fences and Walls. Planning Commission recommends Approval Mr. McClure made a motion, seconded by Mr. Smith, to recommend approval. The motion carried 4-0-0. Mr. Hunter was not present for the vote. Public Hearing (all parties sworn in) RESOLUTIONS: CITY ATTORNEY'S REPORT: * 20230472 Denial of Claim Denial of Claim for Michelle Lawrence. City of Marietta Page 3 Printed on 6/13/2023 2:14:52PM CITY COUNCIL Meeting Agenda June 14, 2023 * 20230508 Denial of Claim Denial of Claim for Benjamin Berliner. * 20230514 Denial of Claim Denial of Claim for Stewart L. Gittens, JR. and 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 * 20230450 Adoption of Recommended Budget for FY2024 Motion to approve the Ordinance adopting an Annual Budget for the fiscal year beginning July 1, 2023 and ending June 30, 2024, for the various funds of the City of Marietta and enacting the tentative Ad Valorem tax levies for said fiscal year for support of the City of Marietta governmental operations and other public purposes, and debt service obligations. * 20230477 Tree Preservation Fund (Big Tex Trailers) Motion to approve an Ordinance for an amendment to the Fiscal Year 2023 Tree Preservation Fund Budget to receive and appropriate a payment of $25,050.00 for construction activity at 850 Cobb Parkway North. 3. Judicial/Legislative: G. A. (Andy) Morris, Chairperson * 20230478 Revised Detailed Plan - Burberry at Sandtown Motion to approve a modification to the originally approved townhome elevations for 1501 & 1521 Sandtown Road, now known as Burberry at Sandtown, by omitting window grids and allowing 1/1 windows on all units. City of Marietta Page 4 Printed on 6/13/2023 2:14:52PM CITY COUNCIL Meeting Agenda June 14, 2023 * 20230479 Revised Detailed Plan - Rosehill Townhomes Motion to approve the revised townhome elevations for 401 Rose Drive, now known as Rosehill Townhomes, with the rear door being modified to match the front door. * 20230480 Final Plat - The Gates at Hamilton Grove Ph. 2 Motion to approve the final plat for Phase 2 of the Gates at Hamilton Grove. This phase contains new private streets and 28 townhomes. * 20230481 Code Amendment - Section 712.08, Tree Protection and Landscaping Motion to authorize staff to advertise proposed changes to Section 712.08, Tree Protection & Landscaping Ordinance. 4. Parks, Recreation and Tourism: Johnny Walker, Chairperson City of Marietta Page 5 Printed on 6/13/2023 2:14:52PM CITY COUNCIL Meeting Agenda June 14, 2023 20230447 FY2024 Tourism Grants Motion to approve the grant amounts presented for each tourism organization, along with the Welcome Center Contract. The Earl Smith Strand Theatre GA Metro Dance Theatre Georgia Symphony Orchestra Marietta/Cobb Museum of Art Marietta History Center Marietta Square Branding Project The Georgia Ballet Brumby Hall & Gardens/GWTW Cobb Landmarks Marietta Arts Council Marietta Fire Museum Old Zion Heritage Museum Marietta Educational Gardens Marietta Theatre Company Lemon Street Classic, Inc. City Staff Request - City Services Marietta Visitors Bureau Lease of Welcome Center City Staff Marketing Request Disclosures for Council Member Goldstein for Tourism Grants 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 Stone Worthy, LLC 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 he is on the board of the Marietta Welcome Center representing the City of Marietta. City of Marietta Page 6 Printed on 6/13/2023 2:14:52PM CITY COUNCIL Meeting Agenda June 14, 2023 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 discloses that Marietta Theatre Company is believed to be a subtenant of Colt Chambers. A space leased by Colt Chambers is owned by a member of Council member Goldstein’s family. 5. Personnel/Insurance: Cheryl Richardson, Chairperson * 20230516 FY 2024 City/BLW Pay and Classification System documents Motion approving an Ordinance adopting the City of Marietta and Board of Lights and Water Position Allocation Charts, and the Compensation, Position Classification, and Career Development Plans for FY 2024, with changes to take effect on July 1, 2023. 6. Public Safety Committee: M. Carlyle Kent, Chairperson 7. Public Works Committee: Grif Chalfant, Chairperson * 20230465 Fairgate Road Utilities - AO2GZSJ 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 Chestnut Hill Road from the intersection of Chestnut Hill Drive to the intersection of Fairgate Road and then north on Fairgate Road to Heathersett Drive for 1,700 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 2B and 3A. 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 7 Printed on 6/13/2023 2:14:52PM CITY COUNCIL Meeting Agenda June 14, 2023 * 20230466 Cunningham Road Utilities - AO2JOAM 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 Cunningham Road from the intersection of Westward Drive to Lowell Drive for 200 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. Ward 2B 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. * 20230467 Austin Avenue Utilities - AO2JXB9 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 Austin Avenue from the intersection of Lawrence Street to the intersection of Washington Avenue and then to 51 Austin Avenue for 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. Wards 1A and 5A. 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. * 20230468 Longwood Drive Speed Study Motion authorizing Public Works to conduct the speed study of Longwood Drive from Bellemeade Drive to Arden Drive to determine if traffic calming devices are needed. Ward 2B * 20230469 Barnes Mill Drive Speed Study Motion authorizing Public Works to conduct the speed study of Barnes Mill Drive from Barnes Mill Road to Meadow Place to determine if traffic calming devices are needed. Ward 5B City of Marietta Page 8 Printed on 6/13/2023 2:14:52PM CITY COUNCIL Meeting Agenda June 14, 2023 * 20230482 Supplemental Project Framework Agreement (PFA) #3 for Rottenwood Creek Trail Phase 1 Motion to accept the grant funds through approval of Supplemental Project Framework Agreement (PFA) #3 with GDOT OTHER BUSINESS: 20230435 V2023-16 [VARIANCE] ANTHONY S. LOCKE (879 ROSWELL STREET, LLC.) V2023-16 [VARIANCE] ANTHONY S. LOCKE (879 ROSWELL STREET, LLC.) are requesting a variance for property zoned CRC (Community Retail Commercial), located in Land Lot 1213, District 16, Parcel 0260, 2nd Section, Marietta, Cobb County, Georgia, and being known as 879 Roswell Street. Ward 5A. 1. Variance to reestablish the nonconforming use of automotive repair shop (including paint and body) after discontinuance of 6 months. * 20230562 Lakewood Drive to Olive Street Project - 380 Roswell Street Motion authorizing acquisition of easements at 380 Roswell Street from Betty G. and D.C. Barfield, et al for the purpose of constructing the Roswell Street-Lakewood Drive to Olive Street Project in exchange for $750,000.00. * 20230563 Cole Street Sidewalk - 284 North Marietta Parkway Motion authorizing the City Attorney to proceed with eminent domain to acquire the parcel at 284 North Marietta Parkway for the Cole Street Sidewalk Project for $16,800.00. * 20230552 MEAG Solar Power Purchase Contract/2nd Amendment Approval of the 2nd Amendment to the MEAG Solar Power Purchase Contract, and to authorize the Mayor to execute this agreement between the City and MEAG. Council Member Joseph Goldstein voted against. City of Marietta Page 9 Printed on 6/13/2023 2:14:52PM CITY COUNCIL Meeting Agenda June 14, 2023 * 20230531 BLW Actions of June 12, 2023 Review and approval of the June 12, 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 6/13/2023 2:14:52PM