City Council

205 Lawrence Street City of Marietta Post Office Box 609 Marietta, Georgia 30061 Meeting Minutes 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, March 13, 2024 7:00 PM Council Chamber Presiding: R. Steve Tumlin, Mayor Present: Cheryl Richardson, Grif Chalfant, Johnny Walker, Andy Morris, M. Carlyle Kent, Andre L. Sims and Joseph R. Goldstein Also Present: Bill Bruton, City Manager Doug Haynie, City Attorney Stephanie Guy, City Clerk CALL TO ORDER: Mayor R. Steve Tumlin called the meeting to order at 7:00 p.m. INVOCATION: Mayor Tumlin called upon Council member Goldstein to give the invocation. PLEDGE OF ALLEGIANCE: Everyone remained standing for the Pledge of Allegiance. PRESENTATIONS: 20240264 Mount Paran Varsity Girls Basketball Presentation by Mayor Tumlin to Coach Stephanie Dunn and the Mount Paran Varsity Girls Basketball team on winning the State Championship. Presented 20240250 Marietta Police Officers Recognition of the newest officers to the Marietta Police Department. · Officer Cody Bradshaw · Officer Christian Rivera · Officer Jeffrey Young Presented City of Marietta Page 1 Printed on 3/25/2024 4:48:59PM CITY COUNCIL Meeting Minutes March 13, 2024 PROCLAMATIONS: ANNOUNCEMENTS OF GENERAL COMMUNITY INFORMATION BY THE MAYOR, COUNCIL AND/OR CITY MANAGER: SCHEDULED APPEARANCES: 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). Mayor Pro tem Johnny Walker briefly explained the consent agenda process. A motion was made by Council member Goldstein, seconded by Council member Kent, to suspend the rules of order to add an item to the Council agenda for a Denial of Claim of Scott Davis. The motion carried by the following vote: Vote: 7 – 0 – 0 Approved (See agenda item 20240265) A motion was made by Council member Goldstein, seconded by Council member Sims, to add the Denial of Claim, agenda item 20240265, to the consent agenda. The motion carried by the following vote: Vote: 7 – 0 – 0 Approved City Attorney Doug Haynie noted changes to the consent agenda. -under Minutes: Agenda item 20240235 was added to the consent. -under Ordinances: -under Ordinances: Agenda items 20240032, 20240033 and 20240034 were added to the consent agenda as a Motion to Table. -under Public Safety: Agenda item 20240067 was added to the consent agenda. A motion was made by Council member Chalfant, seconded by Council member Richardson, to approve the consent agenda as modified. The motion carried by the following vote: Vote: 7 – 0 – 0 Approved MINUTES: 20240235 Regular Meeting - February 14, 2024 Review and approval of the February 14, 2024 regular meeting minutes. City of Marietta Page 2 Printed on 3/25/2024 4:48:59PM CITY COUNCIL Meeting Minutes March 13, 2024 This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 20240251 Special Meeting - February 29, 2024 Review and approval of the February 29, 2024 special meeting minutes. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: * 20240204 Historic Board of Review Appointment (Ward 4) Motion to appoint Jim Trimble to the Historic Board of Review Ward 4 for a two (2) year term, beginning upon appointment and expiring March 13, 2026. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved ORDINANCES: * 20240032 Z2024-02 [REZONING] FIRST CENTER, INC. Z2024-02 [REZONING] FIRST CENTER, INC. is requesting the rezoning of 15.03 acres located Land Lot 736, Parcels 0030 & 0050; Land Lot 737, Parcel 0850; Land Lot 776, Parcels 0890, 0900, 0910, 0920, 0930, 0940, 0950, 0960, 0970, 0980, 0990, 1000, 1010, 1020, 1030, 1040, 1050, 1060, 1070, 1080, 1090, 1100, 1110, 1120, 1130, 1140, 1150, 1160, 1170, 1180, 1190, 1200, 1210, 1220, 1230, 1240, 1250, 1260, 1270, 1280, & 1290; Land Lot 777, Parcel 0090, District 16, of the 2nd Section, Cobb County, Georgia, and being known as 1510, 1514, 1518, 1522 Gatekeeper Terrace; 1823 and unnumbered property on Longwing Lane; 1818, 1822, 1826, 1830, 1833, 1834, 1837, 1838, 1841, 1842, 1845, 1846, 1849, 1853, 1854, 1857, 1858, 1861, 1865, 1868, 1869 & unnumbered property on Butterfly Way; 1880, 1883, 1884, 1887, 1888, 1891, 1892, 1895, 1896, 1899, 1900, 1904, 1908, Glasswing Court, 1944, 1946, and unnumbered property on Ross Road from RA-6 (Single Family Residential) in the County to PRD-SF (Planned Residential Development - Single Family Residential) in the City. Planning Commission recommends Denial A motion was made by Ms. McCrae, seconded by Mr. Smith, to recommend denial of the request for rezoning. The motion carried a vote of 4-1-0. Mr. Anderson opposed. City of Marietta Page 3 Printed on 3/25/2024 4:48:59PM CITY COUNCIL Meeting Minutes March 13, 2024 Should Council vote to approve the request for rezoning the following stipulation would be incorporated as conditions of zoning: 1) Letter of stipulations and conditions from Mr. Kevin Moore of Moore, Ingram, Johnson & Steele, LLP to Ms. Shelby Little, Zoning Manager dated February 14th, 2024. Public Hearing (all parties sworn in) This matter was tabled from the February 14, 2024 City Council meeting. This Matter was Tabled on the Consent Agenda. Vote: 7 – 0 – 0 Tabled * 20240033 A2024-01 [ANNEXATION] FIRST CENTER, INC. A2024-01 [ANNEXATION] FIRST CENTER, INC. is requesting the annexation of property located in Land Lot 736, Parcels 0030 & 0050; Land Lot 737, Parcel 0850; Land Lot 776, Parcels 0890, 0900, 0910, 0920, 0930, 0940, 0950, 0960, 0970, 0980, 0990, 1000, 1010, 1020, 1030, 1040, 1050, 1060, 1070, 1080, 1090, 1100, 1110, 1120, 1130, 1140, 1150, 1160, 1170, 1180, 1190, 1200, 1210, 1220, 1230, 1240, 1250, 1260, 1270, 1280, & 1290; Land Lot 777, Parcel 0090, District 16, of the 2nd Section, Cobb County, Georgia, and being known as 1510, 1514, 1518, 1522 Gatekeeper Terrace; 1823 and unnumbered property on Longwing Lane; 1818, 1822, 1826, 1830, 1833, 1834, 1837, 1838, 1841, 1842, 1845, 1846, 1849, 1853, 1854, 1857, 1858, 1861, 1865, 1868, 1869 & unnumbered property on Butterfly Way; 1880, 1883, 1884, 1887, 1888, 1891, 1892, 1895, 1896, 1899, 1900, 1904, 1908, Glasswing Court, 1944, 1946, and unnumbered property on Ross Road, consisting of approximately 15.0305 acres, and all applicable rights-of-way. Ward 6B. Planning Commission recommends Denial A motion was made by Mr. Smith, seconded by Ms. McCrae, to recommend denial of the request for annexation. The motion carried a vote of 4-1-0. Mr. Anderson opposed. Public Hearing (all parties sworn in) This matter was tabled from the February 14, 2024 City Council meeting. This Matter was Tabled on the Consent Agenda. Vote: 7 – 0 – 0 Tabled City of Marietta Page 4 Printed on 3/25/2024 4:48:59PM CITY COUNCIL Meeting Minutes March 13, 2024 * 20240034 CA2024-01 [CODE AMENDMENT] In conjunction with the requested annexation of property located in Land Lot 736, Parcels 0030 & 0050; Land Lot 737, Parcel 0850; Land Lot 776, Parcels 0890, 0900, 0910, 0920, 0930, 0940, 0950, 0960, 0970, 0980, 0990, 1000, 1010, 1020, 1030, 1040, 1050, 1060, 1070, 1080, 1090, 1100, 1110, 1120, 1130, 1140, 1150, 1160, 1170, 1180, 1190, 1200, 1210, 1220, 1230, 1240, 1250, 1260, 1270, 1280, & 1290; Land Lot 777, Parcel 0090, District 16, of the 2nd Section, Cobb County, Georgia, and being known as 1510, 1514, 1518, 1522 Gatekeeper Terrace; 1823 and unnumbered property on Longwing Lane; 1818, 1822, 1826, 1830, 1833, 1834, 1837, 1838, 1841, 1842, 1845, 1846, 1849, 1853, 1854, 1857, 1858, 1861, 1865, 1868, 1869 & unnumbered property on Butterfly Way; 1880, 1883, 1884, 1887, 1888, 1891, 1892, 1895, 1896, 1899, 1900, 1904, 1908, Glasswing Court, 1944, 1946, and unnumbered property on Ross Road, the City of Marietta proposes to designate the Future Land Use of said property as MDR (Medium Density Residential). Ward 6B Planning Commission recommends Denial A motion was made by Ms. McCrae, seconded by Mr. Smith, to recommend denial of the code amendment. The motion carried a vote of 4-1-0. Mr. Anderson opposed. Public Hearing (all parties sworn in) This matter was tabled from the February 14, 2024 City Council meeting. This Matter was Tabled on the Consent Agenda. Vote: 7 – 0 – 0 Tabled RESOLUTIONS: CITY ATTORNEY'S REPORT: 20240265 Denial of Claim Denial of Claim - Scott Davis This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved to Deny Claim CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: 1. Economic/Community Development: Andre L. Sims, Chairperson 2. Finance/Investment: Joseph R. Goldstein, Chairperson City of Marietta Page 5 Printed on 3/25/2024 4:48:59PM CITY COUNCIL Meeting Minutes March 13, 2024 * 20240174 Tree Preservation Fund (QuikTrip) Ord. 8375 Motion to approve an Ordinance for an amendment to the Fiscal Year 2024 Tree Preservation Fund Budget to receive and appropriate payment of $9,515.00 for proposed development at 31 Cobb Parkway South (1092 Roswell Road & 41 Cobb Parkway South). This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved 3. Judicial/Legislative: G. A. (Andy) Morris, Chairperson * 20240184 Plaques for Locally Designated Landmarks Motion to approve the request by the Historic Preservation Commission for the purchase of plaques for the City’s four locally designated historic landmarks (Clarke Library, Water Works, Brumby Hall, and the Manning House) and installation on those that are City-owned. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved 4. Parks, Recreation and Tourism: Johnny Walker, Chairperson * 20240210 Marietta Arts Council M2R TrailFest 2024 A motion approving the requests from the Marietta Arts Council to utilize city property for the 2024 M2R TrailFest event. · A 60-day installation of artwork and photography along the Mountain to River Trail from South Marietta Parkway to Kennesaw Avenue from May 4, 2024, to July 6, 2024, adhering to City of Marietta public art guidelines. · A one-year installation of the sculpture tour including installations in Atherton Square, Monarch Park, and Lewis Park with additional installations as budgets allowed and approved by the Parks, Recreation and Facilities Department. · Artistic installation on the bridges over North Marietta Parkway and South Marietta Parkway for one year period from May 4, 2024, to May 4, 2025, subject to GDOT approval. The installations will be made of Lucite panels like this year’s installation and feature a “Gem City” theme. · Placement of student artwork from May 11 to October 19, 2024, in eight city parks including: Elizabeth Porter Park, Henry Park, Laurel Park, Lewis Park, Merritt Park, Tumlin Park, Victory Park, and Whitaker Park. Opening ceremonies and day of activities will be centered in Atherton Square, Saturday, May 11, 2024. City of Marietta Page 6 Printed on 3/25/2024 4:48:59PM CITY COUNCIL Meeting Minutes March 13, 2024 This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved 5. Personnel/Insurance: Cheryl Richardson, Chairperson 6. Public Safety Committee: M. Carlyle Kent, Chairperson * 20240067 Intergovernmental Agreement for E911 Services c/a 5241 Motion to approve the renewal of the Intergovernmental Agreement for E911 Services. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved as Amended 7. Public Works Committee: Grif Chalfant, Chairperson * 20240087 Proposed Code Amendment to the Building and Housing Regulations Ordinance - Chapter 7-4 Ord 8377 Motion for the City of Marietta to adopt the revisions to Chapter 7-4 - Building and Housing Regulations Ordinance as listed in the attachment. Second Reading This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 20240186 Delk Road Utilities Motion authorizing variance from the underground utility’s ordinance allowing a new support pole in the right-of-way at 2550 Delk Road. This motion does not grant a perpetual variance. Marietta Power must relocate underground at their expense if other utilities at the location are moved underground. Ward 7A. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 20240187 Chicopee Drive Speed Study Motion authorizing Public Works to conduct the speed study of Chicopee Drive from Fairground Street to Mohawk Drive to determine if traffic calming devices are needed. Ward 4B Requested by Council Member Morris City of Marietta Page 8 Printed on 3/25/2024 4:48:59PM CITY COUNCIL Meeting Minutes March 13, 2024 This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 20240188 Damar Road Pedestrian Safety Motion authorizing Public Works to install two (2) Rapid Rectangular Flashing Beacons (RRFB) devices at the crosswalk on Damar Road at the Walker School, along with upgrades to the sidewalk, signage, and striping. The Walker School will contribute $30,000 to the cost of the project with the total project cost estimated to be $40,000. Ward 5B This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved OTHER BUSINESS: * 20240263 MEAG Board Nomination Motion to approve the nomination of Mayor Tumlin for the position on the MEAG Board. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 20240246 BLW Actions of March 7, 2024 Review and approval of the March 7, 2024 actions and minutes of the Marietta Board of Lights and Water. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved UNSCHEDULED APPEARANCES: ADJOURNMENT: The meeting was adjourned at 7:20 p.m. Date Approved: ___________________ _________________________________ R. Steve Tumlin, Mayor Attest: ___________________________ Stephanie Guy, City Clerk City of Marietta Page 9 Printed on 3/25/2024 4:48:59PM