CITY COUNCIL

205 Lawrence Street City of Marietta 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, October 9, 2024 7:00 PM Council Chamber DRAFT CALL TO ORDER: INVOCATION: Council Member Joseph Goldstein, Ward 7 PLEDGE OF ALLEGIANCE: PRESENTATIONS: 20240917 Marietta Police Department New Officers Presentation of new officers to the Marietta Police Department. · Kiara Belton · David Eads · Jake Johnson City of Marietta Page 1 Printed on 10/4/2024 1:07:58PM CITY COUNCIL Meeting Agenda October 9, 2024 20240918 2024 Fire Prevention Week Poster Contest Winners Presentation by the Marietta Fire Marshal’s Office recognizing the 2024 Fire Prevention Week Poster Contest winners from Marietta City Schools. · Park Street - Kevin Aguilar-Garcia · Sawyer Road - Genesis Ortiz-Castro · West Side - Leslie Claire Brigdon · Dunleith - Skylar McTeer · Lockheed - Dalasyia Houston · MCAA - Lillian Daigle · Hickory Hills - Kelstyn Wilkinson · AL Burruss - Hope Nelson 20240926 2024 Public Power & Clean Water Week Poster Contest Winners Bronson Lagardere from Marietta Board of Lights & Water will be presenting the 2024 Public Power & Clean Water Week poster contest winners of Park Street Elementary. · Water Grand Prize Nefertiti Staples 4th Grade Ms. Rivas · Water 1st Place Alethea Lukwago 5th Grade Ms. Underwood · Water 2nd Place Leslie Galean 5th Grade Ms. Underwood · Water 3rd Place Isha John 4th Grade Ms. Rivas · Power Grand Prize Cassidy Castro 5th Grade Ms. Underwood · Power 1st Place Isabella Simmons 5th Grade Ms. Underwood · Power 2nd Place Zuleyka Tintaya 4th Grade Ms. Rivas · Power 3rd Place Victoria Gullen 5th Grade Ms. Underwood City of Marietta Page 2 Printed on 10/4/2024 1:07:58PM CITY COUNCIL Meeting Agenda October 9, 2024 20240865 Highland Rivers Behavioral Health Presentation by Melanie Dallas with Highland Rivers Behavioral Health. Requested by Council Member Carlyle Kent PROCLAMATIONS: 20240925 National Community Planning Month 2024 Proclamation designating October 2024 as Community Planning Month in the City of Marietta. 20240924 National Code Compliance Month 2024 Proclamation designating October 2024 as National Code Compliance Month in the City of Marietta. 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. 20240914 Scheduled Appearance Scheduled Appearance - Nick Jennings. 20240927 Scheduled Appearance Scheduled Appearance - Donald Barth. 20240928 Scheduled Appearance Scheduled Appearance - Tracy Stevenson. 20240929 Scheduled Appearance Scheduled Appearance - Samuel Foster. City of Marietta Page 3 Printed on 10/4/2024 1:07:58PM CITY COUNCIL Meeting Agenda October 9, 2024 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: 20240900 Regular Meeting - September 11, 2024 Review and approval of the September 11, 2024 regular meeting minutes. MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: ORDINANCES: 20240692 Z2024-16 [REZONING] THUY QUANG Z2024-16 [REZONING] THUY QUANG is requesting the rezoning of 0.44 acres located in Land Lot 1073, District 16, Parcel 0320 of the 2nd Section, Cobb County, Georgia, and being known as 161 Sequoia Drive from OI (Office Institutional) to R-3 (Single-Family Residential - 3 units/acre). Ward 5B. Planning Commission recommends Denial. A motion was made by Ms. McCrae, seconded by Mr. Smith to recommend denial. The motion carried with a vote of 6-0-0. Should Council vote to approve the request as submitted the following variance would be incorporated as a condition of zoning: 1. Variance to reduce the side yard setback from 10’ to 1'. [§708.03 (H)] Public Hearing (all parties sworn in) City of Marietta Page 4 Printed on 10/4/2024 1:07:58PM CITY COUNCIL Meeting Agenda October 9, 2024 20240787 Z2024-20 [REZONING] CITY OF MARIETTA Z2024-20 [REZONING] CITY OF MARIETTA is requesting the rezoning of .22 acres located in Land Lot 1144, District 16, Parcel 610 of the 2nd Section, Cobb County, Georgia, and being known as 373 Allgood Road from NRC (Neighborhood Retail Commercial) to R-4 (Single Family Residential - 4 units/acre). Ward 5A. Planning Commission recommends Approval A motion was made by Mr. Diffley, seconded by Ms. McCrae to recommend approval. The motion carried with a vote of 6-0-0. Public Hearing (all parties sworn in) 20240797 CA2024-05 [CODE AMMENDMENT] Proposal to amend the Comprehensive Development Code of the City of Marietta, Division 708, District Standards and Permitted Uses, Section 708.16, CRC, Community Retail Commercial and Section 708.17, RRC, Regional Retail Commercial. Planning Commission recommends Approval A motion was made by Mr. Diffley, seconded by Ms. McCrae, to recommend approval. The motion carried with a vote of 6-0-0. Public Hearing (all parties sworn in) RESOLUTIONS: CITY ATTORNEY'S REPORT: 20240857 Denial of Claim Denial of Claim for Yvette Ann Williamson. 20240888 Denial of Claim Denial of Claim for Casey, Hicks & Worley, LLC. CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: City of Marietta Page 5 Printed on 10/4/2024 1:07:58PM CITY COUNCIL Meeting Agenda October 9, 2024 1. Economic/Community Development: Andre L. Sims, Chairperson * 20240867 Marietta Public Service Housing Program Memorandum of Understanding (MOU) Amendment Motion to approve amendment to the Marietta Public Service Housing Program MOU to incorporate additional ARPA funds. 2. Finance/Investment: Joseph R. Goldstein, Chairperson * 20240848 Golf Course Fund Liability Correction Motion to approve a correction to the Golf Course Fund liability to the General Fund in the sum of $1,818,163 based on payments by the Golf Course Fund to the General Fund of $2,200,000, effective retroactively as of June 30, 2024 for the fiscal year ending 2024. 3. Judicial/Legislative: G. A. (Andy) Morris, Chairperson * 20240858 Final Plat - The Carlyle Motion to approve the final plat for 16 townhomes at the corner of White and Roselane Streets (Z2017-19). 20240860 Revised Detailed Plan - 750 Franklin Gateway Motion to approve the request to rebuild Building #7 with a leasing office on the bottom floor and 8 (two bedroom) residential units above; and add 8 efficiency units to the basements of Buildings #10 and #14 (Z-9505). 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). First Reading Public Hearing City of Marietta Page 6 Printed on 10/4/2024 1:07:58PM CITY COUNCIL Meeting Agenda October 9, 2024 4. Parks, Recreation and Tourism: Johnny Walker, Chairperson 5. Personnel/Insurance: Cheryl Richardson, Chairperson 6. Public Safety Committee: M. Carlyle Kent, Chairperson * 20240864 Donation to Marietta Police Department-Shop with a Cop Motion to approve a Budget Amendment for the Marietta Police Department to receive and use a $500.00 donation from Northeast Cobb Community Egg Drop event through JRM Management to assist with the police department’s funding of the Shop with a Cop program. 7. Public Works Committee: Grif Chalfant, Chairperson * 20240854 Allgood Road Speed Study Motion authorizing Public Works to conduct the speed study of Allgood Road from North Marietta Parkway to Chicopee Drive to determine if traffic calming devices are needed and to set the speed limit to 25 MPH. Wards 4B & 5A * 20240855 Proposed Lights of Life Event for Life University Motion authorizing Barclay Circle to be closed at South Cobb Drive for the Lights of Life Event, with off-duty law enforcement providing traffic control, from November 28, 2024, through December 31, 2024, during the hours as follows: Sunday through Thursday - 5:30 PM to 9:00 PM; Friday and Saturday - 5:30 PM to 10:00 PM; and on December 7, 2024, with the hours being 3:00 PM to 10:00 PM for the Run the Lights of Life Event. Life University will post proper signage announcing the road closure 2 weeks prior to November 28, 2028. Ward 1A Council Member Goldstein opposed * 20240871 2022 SPLOST Project Budget Reallocation Motion to reallocate 2022 SPLOST Project Funds as stated in the 2022 SPLOST Project Budget Reallocation Table. OTHER BUSINESS: City of Marietta Page 7 Printed on 10/4/2024 1:07:58PM CITY COUNCIL Meeting Agenda October 9, 2024 20240904 BLW Actions of October 7, 2024 Review and approval of the October 7, 2024 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 8 Printed on 10/4/2024 1:07:58PM