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, August 9, 2023 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Joseph Goldstein, Ward 7 PLEDGE OF ALLEGIANCE: PRESENTATIONS: 20230682 Marietta Police Officer Recognition of the newest officer to the Marietta Police Department: · Officer Matthew Orlando 20230650 Go Fund Me Event Presentation from Go Fund Me Officials Commending the City of Marietta as being named the 2022 Most Generous City in America and inviting the community to celebrate the achievement before the August Glover Park Concert Series on Friday, August 25, 2023. 20230681 Public Health Appreciation Award Presentation of “Public Health Appreciation Award” to Mayor Steve Tumlin by Lisa Crossman, Deputy District Health Director of Cobb & Douglas Public Health. City of Marietta Page 1 Printed on 8/8/2023 2:36:38PM CITY COUNCIL Meeting Agenda August 9, 2023 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. 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: * 20230661 Regular Meeting - July 13, 2023 Review and approval of the July 13, 2023 regular meeting minutes. * 20230662 Special Meeting - July 25, 2023 Review and approval of the July 25, 2023 special meeting minutes. MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: * 20230636 Appointment to Ethics Committee The appointment of Lee A. DeHihns III to the Ethics Committee for a term of two years. The term is effective immediately and will expire on August 9, 2025. * 20230637 Construction Board of Adjustment and Appeals (Ward 1) Appointment of Guri Ben-Hashal (Ward 1) to the Construction Board of Adjustment and Appeals for five (5) year term expiring August 09, 2028. 20230641 Construction Board of Adjustment and Appeals (Ward 6) Appointment of Bob Barnes (Ward 6) to the Construction Board of Adjustment and Appeals for five (5) year term expiring August 09, 2028. City of Marietta Page 2 Printed on 8/8/2023 2:36:38PM CITY COUNCIL Meeting Agenda August 9, 2023 ORDINANCES: 20230228 Z2023-06 [REZONING] WESTPLAN INVESTORS (MARIETTA CROSSING, LLC) Z2023-06 [REZONING] WESTPLAN INVESTORS (MARIETTA CROSSING, LLC) are requesting the rezoning of 19.25 acres located in Land Lots 1239 & 1240, 1281, & 1282 District 16, Parcels 0270, 0060, and 1310 of the 2nd Section, Cobb County, Georgia, and being known as 50 Powers Ferry Road; 2301 & 2315 Wylie Drive from MXD (Mixed Use Development) to MXD (Mixed Use Development). Ward 7A. Planning Commission recommends Approval Mr. Diffley made a motion, seconded by Mr. McClure, to recommend approval. The motion carried with a vote of 6-0-0. Public Hearing (all parties sworn in) 20230507 Z2023-16 [REZONING] H. LELAND WHITFIELD, III (1141 WHITLOCK AVENUE, LP.) Z2023-16 [REZONING] H. LELAND WHITFIELD, III (1141 WHITLOCK AVENUE, LP.) are requesting the rezoning of 1.64 acres located in Land Lots 324 & 325, District 20, Parcel 1450 of the 2nd Section, Cobb County, Georgia, and being known as 1141 Whitlock Avenue from OI (Office Institutional) to PRD-SF (Planned Residential Development - Single Family). Ward 3A Planning Commission recommends Denial Ms. McCrae made a motion, seconded by Mr. Diffley, to recommend denial. The motion carried with a vote of 4-2-0. Mr. Anderson and Mr. McClure opposed. Public Hearing (all parties sworn in) City of Marietta Page 3 Printed on 8/8/2023 2:36:38PM CITY COUNCIL Meeting Agenda August 9, 2023 20230593 Z2023-17 [REZONING] AJ GLASS (PALIFOX MARIETTA, LLC.) Z2023-17 [REZONING] AJ GLASS (PALIFOX MARIETTA, LLC.) are requesting the rezoning of 3.9 acres located in Land Lot 7820, District 16, Parcel 0120, of the 2nd Section, Cobb County, Georgia, and being known as 1791 Williams Drive from CRC (Community Retail Commercial) to LI ( Light Industrial). Ward 5B. Planning Commission recommends Approval Mr. Diffley made a motion, seconded by Mr. Anderson, to recommend approval. The motion carried with a vote of 6-0-0. Public Hearing (all parties sworn in) RESOLUTIONS: CITY ATTORNEY'S REPORT: * 20230647 Denial of Claim Denial of Claim for McDonald Knight. * 20230649 Denial of Claim Denial of Claim for Elionne Cadet. * 20230670 Denial of Claim Denial of Claim for Hector Gonzales on behalf of Jazmine Gonzales. * 20230693 Denial of Claim Denial of Claim for Andrew Murphy. * 20230708 Denial of Claim Denial of Claim for Hector Gonzales on behalf of Matthew Gonzales. CITY MANAGER'S REPORT: MAYOR'S REPORT: City of Marietta Page 4 Printed on 8/8/2023 2:36:38PM CITY COUNCIL Meeting Agenda August 9, 2023 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 * 20230584 Redistricting Map Motion to authorize advertisement of the Redistricting Map titled Proposed Wards School and Parks Draft Option2. 20230642 Easement for Courthouse elevator staging and construction Motion to approve a request from Cobb County for an easement adjacent to the Courthouse for elevator staging and construction. 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 * 20230621 Margaret Avenue Utilities - AO2MBGM 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” from the existing connection at 683 Cherokee Street, along Margaret Avenue, down Church Street, and then to 574 Church Street for approximately 950 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 4B. 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 5 Printed on 8/8/2023 2:36:38PM CITY COUNCIL Meeting Agenda August 9, 2023 * 20230622 Ward 7 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) effective and to be installed when the speed studies are completed on Banberry Drive and Goldie Drive: • Blanche Drive (from Wylie Road to Blanche Court) • Blanche Court (from Blanche Drive to end) • James Street (from Charles Avenue to Goldie Drive) • Matthews Circle (from James Street to Blanche Drive) • Scott Drive (from Crestridge Drive to Marvin Circle) • Marvin Circle (from Scott Drive to end) • Crestridge Drive (from Scott Drive to end) • Dean Circle (from Crestridge Drive to end) * 20230646 School Zone Cameras Motion to direct staff to enter negotiations with Marietta City Schools regarding the possible installation of School Safety Speed Cameras. OTHER BUSINESS: 20230428 V2023-15 [VARIANCE] VC PROPERTIES I, LLC V2023-15 [VARIANCE] VC PROPERTIES I, LLC is requesting a variance for property zoned CRC (Community Retail Commercial), located in Land Lot 1215, District 16, Parcel 0540, 2nd Section, Marietta, Cobb County, Georgia, and being known as 31 Rock Street. Variance to continue using the property for outdoor storage, including inventory associated with automobile sales; variance to allow outside storage areas to be located beyond the side or rear yard; variance to increase the allowable storage area from 25% to 75 % of total lot. Ward 5A. Public Hearing (all parties sworn in) * 20230706 Property & Casualty/Miscellaneous Insurance Coverage Motion to approve the City of Marietta/BLW property & casualty and other miscellaneous Insurance coverage, premiums, and companies utilized for the policy period of August 17, 2023, to August 17, 2024. City of Marietta Page 6 Printed on 8/8/2023 2:36:38PM CITY COUNCIL Meeting Agenda August 9, 2023 * 20230663 BLW Actions of August 7, 2023 Review and approval of the August 7, 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 7 Printed on 8/8/2023 2:36:38PM