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 14, 2024 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Carlyle Kent, Ward 5 PLEDGE OF ALLEGIANCE: PRESENTATIONS: 20240744 Collegiate Baseball Player of the Year Presentation of Proclamation for Collegiate Baseball Player of the Year to Charles Condon, Mariettian who played at Walker School and resided in Marietta before going to the University of Georgia where he won Dick Howser Trophy and Golden Spikes Award as Best Collegiate Baseball Player. Proclamation will be presented to his parents, Jim and Rebecca Condon of Marietta on his behalf as he was drafted 3rd in the MLB draft and immediately went to the Spokane Indians to play minor league ball. City of Marietta Page 1 Printed on 8/14/2024 1:34:26PM CITY COUNCIL Meeting Agenda August 14, 2024 20240606 Marietta Police Department New Officers Presentation of new officers to the Marietta Police Department. · Michael Mitchell · Maurisa Mowatt · Emmanuel Mendoza · David Mayes · Ethan Bohannon · Wallace Williams · David Davis · Desiree Morrison 20240737 Marietta High School Football, Cheerleader & Band Seniors Introduction of the Marietta High School Football, Cheerleader & Band Seniors. 20240722 Department of Public Works Engineering and Inspections Accreditation Presentation of the International Accreditation Services (IAS) Certificate of Accreditation to the Engineering and Inspections Division for the City of Marietta Department of Public Works. 20240723 Presentation of Awards received from American Public Works Association, Georgia Chapter Presentation of awards received by Marietta’s Department of Public Works on July 11th, 2024. Marietta received six (6) of the twenty (20) awards at the American Public Works Association (APWA) Conference. The Department of Public Works received recognition that included 2 Leader of the Year awards and 3 Project of the Year awards for the State of Georgia. 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. City of Marietta Page 2 Printed on 8/14/2024 1:34:26PM CITY COUNCIL Meeting Agenda August 14, 2024 20240733 Scheduled Appearance Scheduled Appearance - Tracy Stevenson. 20240735 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: * 20240724 Regular Meeting - July 10, 2024 Review and approval of the July 10, 2024 regular meeting minutes. * 20240725 Special Meeting - July 17, 2024 Review and approval of the July 17, 2024 special meeting minutes. * 20240726 Special Meeting - July 23, 2024 Review and approval of the July 23, 2024 special meeting minutes. MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: ORDINANCES: City of Marietta Page 3 Printed on 8/14/2024 1:34:26PM CITY COUNCIL Meeting Agenda August 14, 2024 20240565 Z2024-14 [SPECIAL LAND USE PERMIT] ALDERWOODS GEORGIA HOLDINGS, INC. Z2024-14 [SPECIAL LAND USE PERMIT] ALDERWOODS GEORGIA HOLDINGS, INC. is requesting to modify a Special Land Use Permit (V2019-25) for a building expansion on property located in Land Lot 325, District 20, Parcel 2180, 2nd Section, Cobb County, Georgia, currently zoned R-2 (Single Family Residential - 2 units/acre) and being known as 1306 Whitlock Avenue. Ward 2A. Planning Commission recommends Approval A motion was made by Mr. Diffley, seconded by Mr. Anderson, to recommend approval as submitted. The motion carried with a vote of 5-0-0. Public Hearing (all parties sworn in) 20240635 Z2024-15 [SPECIAL LAND USE PERMIT] MATTHEW HOOPER & MITCH HUNTER Z2024-15 [SPECIAL LAND USE PERMIT] MATTHEW HOOPER & MITCH HUNTER are requesting a Special Land Use Permit for a neighborhood amenity (pool and pool house) on property located in Land Lot 1006, District 16, a portion of Parcels 5 & 84, 2nd Section, Cobb County, Georgia, currently zoned R-2 (Single Family Residential - 2 units/acre) and being known as a portion of 851 & 855 Kennesaw Avenue. Ward 4A. Planning Commission recommends Approval A motion was made by Mr. Anderson, seconded by Mr. Smith to recommend to Council approval as submitted. The motion carried with a vote of 4-0-1. Mr. Hunter abstained. Should Council approve the application, the following variances would be incorporated as conditions of zoning. 1) Variance to reduce the minimum lot size from 15,000 sq.ft. to 8,100 sq.ft. [§708.02 (H)] 2) Variance to allow a building or structure established in connection with the pool to be setback less than 75 feet from property lines [§708.02 (E.1.b)] Public Hearing (all parties sworn in) RESOLUTIONS: CITY ATTORNEY'S REPORT: City of Marietta Page 4 Printed on 8/14/2024 1:34:26PM CITY COUNCIL Meeting Agenda August 14, 2024 * 20240693 Denial of Claim Denial of Claim for Julio Steven Mendez Jr. CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: 1. Economic/Community Development: Andre L. Sims, Chairperson 2. Finance/Investment: Joseph R. Goldstein, Chairperson * 20240661 Tree Fund (Ed Voyles Kia) Motion to approve an Ordinance for an amendment to the Fiscal Year 2025 Tree Replacement Fund Budget to receive and appropriate a payment of $32,285.00 for construction activity at 2145 Cobb Parkway South. * 20240670 Tree Fund (Village at Sandy Plains) Motion to approve an Ordinance for an amendment to the Fiscal Year 2025 Tree Replacement Fund Budget to receive and appropriate a payment of $6,809.00 for tree density deficit at Village at Sandy Plains. * 20240295 Reallocation of Remaining ARPA Funds Motion to de-allocate $2,031,327 of ARPA funds from the Anderson Road Park and Station 51 Repairs projects and allocate the subject funds as follows: $750,000 towards the purchase of a fire ladder truck, $750,000 towards the public safety training center, $200,000 towards the City Club pipe project, $200,000 towards the community development rehabilitation, $65,000 towards the purchase of replacement rifles, and $66,327 for the Habitat Affordable Housing Project (373 Allgood Road). 3. Judicial/Legislative: G. A. (Andy) Morris, Chairperson City of Marietta Page 5 Printed on 8/14/2024 1:34:26PM CITY COUNCIL Meeting Agenda August 14, 2024 20240607 Stipulation Revision Request - 670 Roswell Street Motion to amend the previous denial on March 8, 2023, of Variance #5 associated with V2022-34 (#20220883), which originally stated “Variance to allow gravel as an acceptable parking surface. The eleven parking spaces in the southeastern corner of the site, as shown on the attached plan, must be paved with asphalt or concrete. No other graveled areas may be used for parking.” The amendment would remove the second sentence so the applicant will not be required to pave the eleven spaces in the southeastern corner, as long as it is not being used for parking or driving vehicles. 20240544 City Charter Revision Motion to authorize and direct the City Attorney to conduct the necessary steps to accomplish Revision to the City Charter Part I, Article IV, Division I, Section 4.11(a) (3). House Bill 456 changes the minimum term of appointment for municipal court judges from one year to two years effective on July 1, 2024. Additional language added to the Georgia statute regarding written notice to the judge of a breach of agreement and the judge shall have up to 30 days to cure said breach; and that removal for a material breach during a judge’s term may only be done subject to the provisions of OCGA 36-32-2.1(c). First Reading Public Hearing 4. Parks, Recreation and Tourism: Johnny Walker, Chairperson 5. Personnel/Insurance: Cheryl Richardson, Chairperson 20240673 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, 2024, to August 17, 2025. The Insurance companies are as follows: Munich Re for Property and Casualty coverage, Chubb for Fiduciary Liability coverage, Travelers for Cyber coverage, and Midwest Employers Casualty for Worker’s Compensation Excess coverage. 6. Public Safety Committee: M. Carlyle Kent, Chairperson 7. Public Works Committee: Grif Chalfant, Chairperson City of Marietta Page 6 Printed on 8/14/2024 1:34:26PM CITY COUNCIL Meeting Agenda August 14, 2024 * 20240653 Forest Avenue Speed Study Motion authorizing Public Works to conduct the speed study of Forest Avenue from Cherokee Street to Hunt Street to determine if traffic calming devices are needed. Ward 3B Council Member Goldstein disclosed that one of his first cousin once removed, owns a house on North Forst Avenue that his second cousin lives in. * 20240654 North Forest Avenue Speed Study Motion authorizing Public Works to conduct the speed study of North Forest Avenue from Forest Avenue to Hunt Street to determine if traffic calming devices are needed. Ward 3B Council Member Goldstein disclosed that one of his first cousin once removed, owns a house on North Forst Avenue that his second cousin lives in. * 20240655 Hunt Street Speed Study Motion authorizing Public Works to conduct the speed study of Hunt Street from Forest Avenue to North Marietta Parkway to determine if traffic calming devices are needed. Ward 3B Council Member Goldstein disclosed that one of his first cousin once removed, owns a house on North Forst Avenue that his second cousin lives in. * 20240656 Holland Street Speed Study Motion authorizing Public Works to conduct the speed study of Holland Street from Kennesaw Avenue to Maple Avenue to determine if traffic calming devices are needed and to set the speed limit at 25 MPH. Ward 3B 20240657 Chicopee Drive and Creek Water Trail Stop Sign Request Motion authorizing Public Works to convert the intersection of Chicopee Drive and Creek Water Trail to a 4-way stop condition with pedestrian crosswalks and sidewalk access points modifications with a total estimated cost of $25,000.00. Ward 4B Public Hearing Required City of Marietta Page 7 Printed on 8/14/2024 1:34:26PM CITY COUNCIL Meeting Agenda August 14, 2024 OTHER BUSINESS: 20240743 Service Delivery Strategy Agreement Approval of a Resolution of the City of Marietta, Georgia, approving the Service Delivery Strategy Agreement pertaining to settlement with Cobb County, Georgia over the delivery and funding of certain services pursuant to the service delivery act; and for other purposes. * 20240738 MEAG Solar Power Purchase Contract/ Incorporating Amendment No. 3 Motion to approve a recommendation by the Board of Lights and Water to grant participant permission on behalf of Marietta to MEAG for incorporating the 3rd negotiated amendment to the Power Purchase Agreement between MEAG and Pineview Solar LLC into the Purchase Power Contract Amendment as requested. 20240742 Budget Amendment for City of Marietta Insurance Motion to approve a budget amendment related to the City of Marietta Property & Casualty Insurance coverage premiums. * 20240740 Easement Acquisition at 770 Polk Street for the Mountain View Ridge Road Improvement Project Motion authorizing acquisition of an easement at 770 Polk Street, from Gina B. Bryant, for the purpose of constructing the Mountain View Ridge Road Improvement Project in exchange for $3,494.00. Ward 4A * 20240741 Easement Acquisition at 820 Polk Street for the Mountain View Ridge Road Improvement Project Motion authorizing acquisition of an easement at 820 Polk Street, from Anne Tredway Degiorgi and John A. Degiorgi, for the purpose of constructing the Mountain View Ridge Road Improvement Project in exchange for $500.00. Ward 4A * 20240739 BLW Actions of August 12, 2024 Review and approval of the August 12, 2024 actions and minutes of the Marietta Board of Lights and Water. City of Marietta Page 8 Printed on 8/14/2024 1:34:26PM CITY COUNCIL Meeting Agenda August 14, 2024 UNSCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes, for a combined total of 30 minutes. ADJOURNMENT: City of Marietta Page 9 Printed on 8/14/2024 1:34:26PM