CITY COUNCIL

205 Lawrence Street City of Marietta Post Office Box 609 Marietta, Georgia 30061 Meeting Agenda CITY COUNCIL R. Steve Tumlin, Mayor Stuart Fleming, Ward 1 Grif Chalfant, Ward 2 Johnny Walker, Ward 3 G. A. (Andy) Morris, Ward 4 Anthony Coleman, Ward 5 Michelle Cooper Kelly, Ward 6 Philip M. Goldstein, Ward 7 Wednesday, May 14, 2014 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Councilmember Grif Chalfant, Ward 2 PLEDGE OF ALLEGIANCE: PRESENTATIONS: 20140131 Distinguished Service Award Presentation of a Distinguished Service Award to the family of Leon King for his service to the Civil Service Board for over 20 years from December 1992-December 2013. 20140535 Special Achievement Award Presentation Councilperson Kelly presents a Special Achievement Award to Detective Michael Freer for his dedication to duty, keen investigative skills and outstanding work while investigating the SunTrust bank robbery. 20140402 Marietta Power Wins RP3 Award Tom Bell, Electrical Director for the Marietta Board of Lights and Water attended the March 2014 American Public Power Association (APPA) Engineering & Operations Conference in Oklahoma and accepted the highest level Diamond RP3 Award. The Marietta Board of Lights and Water is one of only 29 public power providers achieving at this prestigious diamond level. City of Marietta Page 1 Printed on 5/14/2014 12:42:27PM CITY COUNCIL Meeting Agenda May 14, 2014 20140524 Marietta Citizens’ Police Academy Graduates from the Marietta Citizens’ Police Academy are Claxton Gary Denman Vivian Drew James Evans Bill Evans Karen Gilland Janet Lee Gary Lee Kristen Martin Carol Ann McNeel Ellen McNeel Jim Owens Catherine Sellors JoAnne Warner Carol Warner Wynn Warner Ryan Younker Pamela PROCLAMATIONS: 20140444 Historic Preservation Month Mayor Tumlin presents a Proclamation to David Freedman, Chairman of the Marietta Historic Preservation Commission recognition May 2014 as Historic Preservation Month in the city of Marietta in conjunction with the celebration of National Historic Preservation Month. ANNOUNCEMENTS OF GENERAL COMMUNITY INFORMATION BY THE MAYOR, COUNCIL AND/OR CITY MANAGER: SCHEDULED APPEARANCES: UNSCHEDULED 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). City of Marietta Page 2 Printed on 5/14/2014 12:42:27PM CITY COUNCIL Meeting Agenda May 14, 2014 20130542 Wellstar Bridge Motion to approve Easement and Bridge Agreement between the City of Marietta and Wellstar Health System, Inc., Kennestone Hospital, Inc., d/b/a Wellstar Kennestone Regional Medical Center and Cobb County Kennestone Hospital Authority, subject to the terms and conditions set forth in the Easement and Bridge Agreement. MINUTES: * 20140508 Regular Meeting - April 9, 2014 Review and approval of the April 9, 2014 regular meeting minutes. MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: * 20140504 Marietta Museum of History Appointments Approval of the Museum Board recommendation to reappoint Winfield Scott Chadwick and James M. Hudgins to the Board of Directors for a three (3) year term expiring May 14, 2017. * 20140406 Ethics Committee Appointment Appointment of Lorette Mitchell to the Ethics Committee for a two (2-year) term expiring May 14, 2016. ORDINANCES: RESOLUTIONS: CITY ATTORNEY'S REPORT: * 20140435 Denial of a claim Denial of a claim of Jeffrey Willis. CITY MANAGER'S REPORT: MAYOR'S REPORT: City of Marietta Page 3 Printed on 5/14/2014 12:42:27PM CITY COUNCIL Meeting Agenda May 14, 2014 COMMITTEE REPORTS: 1. Economic/Community Development: G. A. (Andy) Morris, Chairperson * 20140238 FY 2015 Annual Plan Approval of a Resolution authorizing the acceptance of the Public Housing Authority (PHA) Fiscal Year 2015 Annual Plan. * 20140399 Marietta Community Improvement District Approval of a Resolution creating the Marietta Community Improvement District. Council member Goldstein owns 31 Powers Ferry Manor and his wife owns 21 Powers Ferry Manor. Both are currently proposed to be in the new CID. * 20140423 CDBG Slum and Blight Demo Request Approval of a Resolution authorizing the city to use its CDBG Slum and Blight removal funds to abate the asbestos and demolish 52 West Dixie Avenue. 2. Finance/Investment: Stuart Fleming, Chairperson * 20140434 Selection of Audit Firm Motion to authorize the execution of a contract between the City of Marietta and Crace Galvis McGrath, LLC, as the audit firm for financial auditors for fiscal year 2014 through fiscal year 2017. * 20140425 Boarded up and Abandoned Properties Funding Motion to add a line item to the FY2015 budget for a restricted amount of $200,000 for possible funding mechanisms for the recently approved ordinance dealing with boarded-up and abandoned properties. 3. Judicial/Legislative: Philip M. Goldstein, Chairperson * 20140321 Revision to Section 8-8 of the Marietta City Code, Alcoholic beverages, regarding hard cider Approval of an Ordinance amending Section 8-8 of the Marietta City Code, Alcoholic beverages, regarding hard cider, wine and beer tastings. City of Marietta Page 4 Printed on 5/14/2014 12:42:27PM CITY COUNCIL Meeting Agenda May 14, 2014 * 20140421 Revised Detailed Plan for billboard Motion approving the Revised Detailed Plan for an existing billboard on property impacted by I-75 widening 4. Parks, Recreation and Tourism: Michelle Cooper Kelly, Chairperson * 20140193 Chalk Art Festival Motion approving a request from the Marietta/Cobb Museum of Art for various street closures October 9-12, 2014 for the purpose of conducting a Chalk Art Festival to include: 1) West Park Square from 8 PM Thursday, October 9 to be opened before 5 AM Friday, October 10; 2) North Park Square from 5 PM Friday, October 10 until 9 PM Sunday, October 12; 3) West Park Square from 6 PM Friday, October 10 until 9 PM Sunday, October 12; 4) Atlanta Street from Anderson St. north to and through East Park Square from 11 PM Friday, October 10 until 9 PM Sunday, October 12; 5) South Park Square from 11 PM Friday, October 10 until 9 PM Sunday, October 12; and, 6) Church Street from the south side of Hansell Street to N. Park Square from 11 PM Friday, October 10 until 9 PM Sunday, October 12. * 20140416 Recreation Building at Custer Park Motion to move forward with the $2.6 million option for renovation and/or expansion of the recreation building located next to Custer Park. City of Marietta Page 5 Printed on 5/14/2014 12:42:27PM CITY COUNCIL Meeting Agenda May 14, 2014 20140206 335 Allgood Road Motion to authorize the acquisition of property located at 335 Allgood Road and owned by Peggy L. Price on behalf of the City of Marietta by means of eminent domain. A description of the interest to be acquired is attached hereto and incorporated herein by reference, including the legal description of the property and a survey of such property. The city attorney is hereby authorized and directed to take any and all action necessary to acquire such property by virtue of eminent domain, including the right to file any appeals in such case. The Order Authorizing Condemnation attached is incorporated. PUBLIC HEARING 20140207 329 Allgood Road Motion to authorize the acquisition of property located at 329 Allgood Road and owned by Ray D. Summerour on behalf of the City of Marietta by means of eminent domain. A description of the interest to be acquired is attached hereto and incorporated herein by reference, including the legal description of the property and a survey of such property. The city attorney is hereby authorized and directed to take any and all action necessary to acquire such property by virtue of eminent domain, including the right to file any appeals in such case. The Order Authorizing Condemnation attached is incorporated herein by reference. Date ___May 14, 2014____________ ____________________________________________ R. Steve Tumlin, Jr., Mayor ______________________________________________ Stephanie Guy * 20140308 Elizabeth Porter Recreation Center Motion to move forward with the $3.5 million option for the redevelopment of the Elizabeth Porter Recreation Center area. 5. Personnel/Insurance: Johnny Walker, Chairperson City of Marietta Page 6 Printed on 5/14/2014 12:42:27PM CITY COUNCIL Meeting Agenda May 14, 2014 * 20140420 Minor Revision to Code Section Approval of an Ordinance amending City Code Section 4-12-5 Section 1, “Insurance and Retirement.” 6. Public Safety Committee: Anthony Coleman, Chairperson 7. Public Works Committee: Grif Chalfant, Chairperson * 20140411 No Parking Signs along Hawkins Street and Delk Street Motion authorizing “No Parking” signs along the south side of Hawkins Street between Atlanta Street and Delk Street; the north side of Hawkins Street between Atlanta Street and Kings Court and the east side of Delk Street between Hawkins Street and East Dixie Avenue. * 20140419 Local Administered Project Certification Motion to approve the Re-Certification Acceptance Qualification Agreement with the Georgia Department of Transportation for federally funded projects. OTHER BUSINESS: 20140354 V2014-07 Suncatcher of Atlanta 612 Cobb Parkway North V2014-07 [VARIANCE] SUNCATCHER OF ATLANTA request variances for property located in Land Lot 10700, District 16, Parcel 1570, 2nd Section, Marietta, Cobb County, Georgia and being known as 612 Cobb Parkway North, currently zoned CRC (Community Retail Commercial). Variance to allow an accessory structure to be located in the front of the principal use; Variance to reduce the required number of parking spaces to 7; Variance to locate a permanent structure closer to a general advertising sign than a distance that is equal to or greater than the height of the sign. Ward 5B. City of Marietta Page 7 Printed on 5/14/2014 12:42:27PM CITY COUNCIL Meeting Agenda May 14, 2014 20140355 V2014-08 GPS Hospitality D/B/A Burger King V2014-08 [VARIANCE] GPS HOSPITALITY D/B/A BURGER KING request variances for property located in Land Lot 03610, District 17, Parcel 0320, 2nd Section, Marietta, Cobb County, Georgia and being known as 650 S. Marietta Parkway, currently zoned CRC (Community Retail Commercial). (1) Variance from Section 712.08, Tree Protection and Landscaping to maintain the site as currently landscaped; (2) Variance from Section 712.09, Commercial Corridor Design Overlay District; (3) Variance from Section 714.06 (C.6), Nonconforming Signs to keep the current sign. These variances are approved for the current developed property only as shown on the attached site plan by Gaskins Engineering & Surveying for Burger King Renovation, dated January 28, 2014, and should be discontinued upon the redevelopment of the site, according to Section 706.03, Continuance of a nonconforming building or structure. Ward 1A. 20140433 HO2014-01 Katherine B. Carroll 358 East Dixie Avenue Motion to approve a Special Land Use Permit for a Type B Home Occupation for a learning center and tutoring service for the property at 358 East Dixie Avenue; also to include a waiver from the regulation that Type B Home Occupations may not be established in districts zoned for multi-family residential purposes. Ward 1A. 20140521 9 & 11 Whitlock Avenue Consideration of the appeal of Philip M. Goldstein regarding his application with the Historic Board of Review for Certificate of Approval for Exterior Changes for the property located at 9 & 11 Whitlock Avenue. Council member Goldstein disclosed that he owns property at 9 & 11 Whitlock Avenue. Mr. Goldstein will abstain from any action as a Councilman on this item. * 20140522 150 Commemoration of the Civil War Motion to authorize the execution of amendment 1 of the contract between the City of Marietta and The Welcome Center for fiscal year 2014. * 20140525 MEAG Power 2014 Annual Election Motion to appoint Council member Andy Morris as the voting delegate and City Manager and Acting BLW General Manager Bill Bruton as the alternate voting delegate for the MEAG Power 2014 Annual Election. City of Marietta Page 8 Printed on 5/14/2014 12:42:27PM CITY COUNCIL Meeting Agenda May 14, 2014 * 20140526 64 Black Street Motion to authorize the acquisition of property owned by Mainland Holdings 3, LLC on behalf of the City of Marietta by means of eminent domain. A description of the interest to be acquired is attached hereto and incorporated herein by reference, including the legal description of the property and a survey of such property. The city attorney is hereby authorized and directed to take any and all action necessary to acquire such property by virtue of eminent domain, including the right to file any appeals in such case. The Order Authorizing Condemnation attached is incorporated herein by reference. * 20140527 24 Alexander Street Motion to authorize the acquisition of property owned by David E. Miller, Jr. on behalf of the City of Marietta by means of eminent domain. A description of the interest to be acquired is attached hereto and incorporated herein by reference, including the legal description of the property and a survey of such property. The city attorney is hereby authorized and directed to take any and all action necessary to acquire such property by virtue of eminent domain, including the right to file any appeals in such case. The Order Authorizing Condemnation attached is incorporated herein by reference. * 20140528 1205 Powder Springs Street Motion authorizing acquisition of a portion of property and easements at 1205 Powder Springs Street from Paul Schmidt D/B/A Rose Tree Village for the purpose of constructing the Powder Springs Street Sidewalk Phase II Project in exchange for $11,446.45. * 20140529 1225 Powder Springs Street Motion authorizing acquisition of a portion of property and easements at 1225 Powder Springs Street from Emory-Adventist, Inc. for the purpose of constructing the Powder Springs Street Sidewalk Phase II Project in exchange for $8,098.00 and the stipulation that access to the premises will not be blocked or unreasonably disrupted during construction. City of Marietta Page 9 Printed on 5/14/2014 12:42:27PM CITY COUNCIL Meeting Agenda May 14, 2014 * 20140530 1309 Powder Springs Street Motion authorizing acquisition of a portion of property and easements at 1309 Powder Springs Street from Cathy Ann Whitaker for the purpose of constructing the Powder Springs Street Sidewalk Phase II Project in exchange for $1,927.00 and the stipulation that the driveway concrete be poured after 5 p.m. on Friday or anytime during the weekend due to the large amount of truck and trailer traffic during normal business hours. * 20140531 730 Franklin Road Motion authorizing acquisition of a portion of property and easements at 730 Franklin Road from RRA/OHI Cinnamon Ridge, LLC for the purpose of constructing the Franklin Road Improvements Project - From Twin Brooks to Las Colinas Apartments in exchange for $48,750.00. City of Marietta Page 10 Printed on 5/14/2014 12:42:27PM CITY COUNCIL Meeting Agenda May 14, 2014 * 20140532 757 Franklin Road Motion authorizing acquisition of the property at 757 Franklin Road from 757 Partners for the purpose of constructing the Franklin Road Improvements - From Twin Brooks to Las Colinas Apartments in exchange for $76,000.00 and the stipulations: · There shall be no interruption of access to the property. · There shall be no increase in or change off/on of storm water on or across the balance of Grantor's property. · At no time during construction shall more than half of the parking spaces on Grantor's Property be rendered unusable or materially impaired. · No work shall be performed on Grantor's Property between February 15 and April 15 of any calendar year during which the construction easements remain in effect. · The boundaries of the construction easements shall be clearly marked during construction and no equipment or materials shall be parked on or stored on the areas which are outside of the construction easement areas. · The planned improvements to the right of way and easement areas shall be completed in two separate phases, as follows: o All work on retaining wall shall be completed prior to beginning work on the entrance and adjacent parking areas. o Physical barriers shall be placed at the back of the construction easements during construction of the retaining wall in order to permit safe parking on the adjacent areas during construction. o There shall be no interference with the parking spaces in the area which is crosshatched (as shown on Exhibit C of the Agreement to Purchase Real Estate) while work is being performed on the retaining wall. o Construction on the curb cut and adjacent parking areas shall not commence until the work on the retaining wall has been completed. o There shall be no interference with the parking spaces which are cross-hatched (as shown on Exhibit D of the Agreement to Purchase Real Estate) while work in being performed on the curb cut and adjacent parking areas. o The work on the curb cut and adjacent parking area shall be done in such a manner as to always leave at least one lane of traffic open for ingress/egress to the property * 20140533 Parcel 1, Wallace Road Motion authorizing acquisition of a portion of property and easements at Parcel 1, Wallace Road from Bentley Farm Properties, LLLP and Summerour Properties, LLLP for the purpose of constructing the Wallace Road at North Marietta Parkway Project in exchange for $4,546.00. City of Marietta Page 11 Printed on 5/14/2014 12:42:27PM CITY COUNCIL Meeting Agenda May 14, 2014 * 20140534 Parcel 3, Wallace Road Motion authorizing acquisition of a donated temporary driveway easement at Parcel 3, Wallace Road from Bentley Farm Properties, LLLP, Summerour Farm, LLLP and James William Bentley, Jr. for the purpose of constructing the Wallace Road at North Marietta Parkway Project. 20140509 BLW Actions of the May 12, 2014 Review and approval of the May 12, 2014 actions and minutes of the Marietta Board of Lights and Water. UNSCHEDULED APPEARANCES: ADJOURNMENT: City of Marietta Page 12 Printed on 5/14/2014 12:42:27PM