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, August 14, 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 (attending telephonically) 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 7:06 p.m. INVOCATION: Mayor Tumlin called upon Council member Kent to give the invocation. PLEDGE OF ALLEGIANCE: Everyone remained standing for the 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. Presented City of Marietta Page 1 Printed on 8/27/2024 12:52:48PM CITY COUNCIL Meeting Minutes 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 Presented 20240737 Marietta High School Football, Cheerleader & Band Seniors Introduction of the Marietta High School Football, Cheerleader & Band Seniors. Presented 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. Presented 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. Presented PROCLAMATIONS: ANNOUNCEMENTS OF GENERAL COMMUNITY INFORMATION BY THE MAYOR, COUNCIL AND/OR CITY MANAGER: SCHEDULED APPEARANCES: City of Marietta Page 2 Printed on 8/27/2024 12:52:48PM CITY COUNCIL Meeting Minutes August 14, 2024 20240733 Scheduled Appearance Scheduled Appearance - Tracy Stevenson. Present 20240735 Scheduled Appearance Scheduled Appearance - Donald Barth. Present 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). A motion was made by Council member Kent, seconded by Council member Richardson, to suspend the rules of order to add an item to the agenda related to 611 Tower Road. The motion carried by the following vote: Vote: 7 – 0 – 0 Approved A motion was made by Council member Kent, seconded by Council member Richardson, to authorize the acquisition of property at 611 Tower Road in the amount of $9,500. The motion carried by the following vote: Vote: 7 – 0 – 0 Approved (See agenda item 20240767) Mayor Pro tem Johnny Walker briefly explained the consent agenda process. City Attorney Doug Haynie noted changes to the consent agenda. -under Judicial/Legislative: Agenda item 20240607 was removed from the consent agenda. -under Personnel/Insurance: Agenda item 20240673 was added to the consent agenda. -under Other Business: Agenda item 20240742 was added to the consent agenda. A motion was made by Council member Walker, seconded by Council member Chalfant, to approve the consent agenda as modified. The motion carried by the following vote: Vote: 7 – 0 – 0 Approved City of Marietta Page 3 Printed on 8/27/2024 12:52:48PM CITY COUNCIL Meeting Minutes August 14, 2024 MINUTES: * 20240724 Regular Meeting - July 10, 2024 Review and approval of the July 10, 2024 regular meeting minutes. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 20240725 Special Meeting - July 17, 2024 Review and approval of the July 17, 2024 special meeting minutes. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 20240726 Special Meeting - July 23, 2024 Review and approval of the July 23, 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: ORDINANCES: 20240565 Z2024-14 [SPECIAL LAND USE PERMIT] ALDERWOODS GEORGIA HOLDINGS, INC. Ord 8402 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) City Attorney Doug Haynie opened the public hearing and called forward those wishing to speak. City of Marietta Page 4 Printed on 8/27/2024 12:52:48PM CITY COUNCIL Meeting Minutes August 14, 2024 Rusty Roth, Development Services Director, presented information regarding the request for a Special Land Use Permit for property located at 1306 Whitlock Ave. Eddie Lumas, Marketing Manager with Alderwoods Holdings Inc., requested the Special Land Use Permit to expand an administration building and parking lot on an existing cemetery property at Kennesaw Memorial Park cemetery. Barbara Martin expressed concern regarding this matter. Seeing no one else wishing to speak, the public hearing was closed. Motion to grant a Special Land Use Permit for the above-described property is hereby amended to include a building and parking expansion. The motion was made by Council member Sims, seconded by Council member Walker, that this matter be Approved. The motion carried by the following vote: Vote: 7 – 0 – 0 Approved 20240635 Z2024-15 [SPECIAL LAND USE PERMIT] MATTHEW HOOPER & MITCH HUNTER Ord 8403 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) City Attorney Doug Haynie opened the public hearing and called forward those wishing to speak. Rusty Roth, Development Services Director, presented information regarding the request for a Special Land Use Permit for property located at 851 and 855 Kennesaw Avenue. City of Marietta Page 5 Printed on 8/27/2024 12:52:48PM CITY COUNCIL Meeting Minutes August 14, 2024 The applicant Kevin Knox requested the Special Land Use Permit for a neighborhood amenity (pool and pool house) to be separated into its own lot for tax, liability, and maintenance purposes. Seeing no one wishing to speak, the public hearing was closed. Motion to grant a Special Land Use Permit for a neighborhood amenity area for the above-described property, with the following variances are incorporated as conditions of zoning: 1. Variance to reduce the minimum lot size from 15,000 sq. ft. to 8,100 sq. ft. 2. Variance to allow a building or structure established in connection with the pool to be setback less than 75 feet from property lines. The motion was made by Council member Morris, seconded by Council member Walker, that this matter be Approved. The motion carried by the following vote: Vote: 7 – 0 – 0 Approved RESOLUTIONS: CITY ATTORNEY'S REPORT: * 20240693 Denial of Claim Denial of Claim for Julio Steven Mendez Jr. This Matter was Approved to Deny 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 * 20240661 Tree Fund (Ed Voyles Kia) Ord 8401 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. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved City of Marietta Page 6 Printed on 8/27/2024 12:52:48PM CITY COUNCIL Meeting Minutes August 14, 2024 * 20240670 Tree Fund (Village at Sandy Plains) Ord 8399 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. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 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). This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved 3. Judicial/Legislative: G. A. (Andy) Morris, Chairperson 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. The motion was made by Council member Richardson, seconded by Council member Sims, that this matter be Tabled. The motion carried by the following vote: Vote: 7 – 0 – 0 Tabled City of Marietta Page 7 Printed on 8/27/2024 12:52:48PM CITY COUNCIL Meeting Minutes August 14, 2024 20240544 City Charter Revision Motion to approve the 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). Second Reading Public Hearing City Attorney Doug Haynie opened the public hearing and called forward those wishing to speak. Seeing no one wishing to speak, the public hearing was closed. The motion was made by Council member Richardson, seconded by Council member Sims, that this matter be Approved. The motion carried by the following vote: Vote: 7 – 0 – 0 First Reading 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. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved 6. Public Safety Committee: M. Carlyle Kent, Chairperson 7. Public Works Committee: Grif Chalfant, Chairperson City of Marietta Page 8 Printed on 8/27/2024 12:52:48PM CITY COUNCIL Meeting Minutes 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. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 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. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 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. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 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 This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved City of Marietta Page 9 Printed on 8/27/2024 12:52:48PM CITY COUNCIL Meeting Minutes August 14, 2024 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 Attorney Doug Haynie opened the public hearing and called forward those wishing to speak. Public Works Director Mark Rice presented information regarding the he intersection of Chicopee Drive and Creek Water Trail. Those speaking regarding this matter: Robert Lysse who lives on Creek Water Trail. Ed Boone who lives on Chicopee Drive. Sean Gerety who lives on Chicopee Drive. Seeing no one wishing to speak, the public hearing was closed. The motion was made by Council member Morris, seconded by Council member Chalfant, that this matter be Approved. The motion carried by the following vote: Vote: 7 – 0 – 0 Approved OTHER BUSINESS: 20240743 Service Delivery Strategy Agreement Res 1737 and Approval of a Resolution of the City of Marietta, Georgia, approving the Service C/A 5272 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. The motion was made by Council member Chalfant, seconded by Council member Goldstein, that this matter be Approved. The motion carried by the following vote: Vote: 7 – 0 – 0 Approved * 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. City of Marietta Page 10 Printed on 8/27/2024 12:52:48PM CITY COUNCIL Meeting Minutes August 14, 2024 This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 20240742 Budget Amendment for City of Marietta Insurance Ord 8398 Motion to approve a budget amendment related to the City of Marietta Property & Casualty Insurance coverage premiums. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 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 This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 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 This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 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. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved City of Marietta Page 11 Printed on 8/27/2024 12:52:48PM CITY COUNCIL Meeting Minutes August 14, 2024 * 20240767 Acquisition of Property - 611 Tower Road Motion to authorize the acquisition of property at 611 Tower Road in the amount of $9,500. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved UNSCHEDULED APPEARANCES: Rosser Southerland addressed the City Council. ADJOURNMENT: The meeting was adjourned at 8:10 p.m. Date Approved: ___________________ _________________________________ R. Steve Tumlin, Mayor Attest: ___________________________ Stephanie Guy, City Clerk City of Marietta Page 12 Printed on 8/27/2024 12:52:48PM