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City Council

Regular Meeting

Marietta, GA · July 9, 2014

AgendaMinutes

Minutes

205 Lawrence Street City of Marietta Post Office Box 609 Marietta, Georgia 30061 Meeting Minutes 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, July 9, 2014 7:00 PM Council Chamber Presiding: R. Steve Tumlin, Mayor Present: Stuart Fleming, Grif Chalfant, Johnny Walker, G. A. (Andy) Morris, Anthony Coleman, Michelle Cooper Kelly and Philip M. Goldstein Also Present: William F. Bruton, Jr. City Manager Douglas R. Haynie, City Attorney Stephanie Guy, City Clerk CALL TO ORDER: Mayor R. Steve Tumlin called the meeting to order at 7:03 p.m. INVOCATION: Mayor Tumlin called upon Council member Andy Morris to give the invocation. PLEDGE OF ALLEGIANCE: Mayor Tumlin asked everyone to remain standing for the Pledge of Allegiance. PRESENTATIONS: PROCLAMATIONS: ANNOUNCEMENTS OF GENERAL COMMUNITY INFORMATION BY THE MAYOR, COUNCIL AND/OR CITY MANAGER: SCHEDULED APPEARANCES: City of Marietta Page 1 Printed on 8/6/2014 1:35:33PM CITY COUNCIL Meeting Minutes July 9, 2014 UNSCHEDULED APPEARANCES: Mrs. Deane Bonner, president of the Cobb NAACP, thanked Mayor and Council for their sponsorship and staff for their help during the Juneteenth Celebration. This year the event was held as part of the city’s 150th Commemoration events of the Battles of Marietta. Larry Wills, who resides on Oakmont Drive, spoke regarding the Atlanta Braves Stadium to be built in Cobb County. 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. City Attorney Doug Haynie noted the following changes to the consent agenda: -under Minutes: Agenda item 20140737 was removed from the consent agenda. -under Judicial/Legislative: Agenda item 20140714 was added to the consent agenda with Council member Goldstein voting against. -under Public Works: Agenda item 20140735 remained on the consent agenda and amended to read, "Public Hearing for the closure, abandonment and assignment of PRD-MF (Planned Residential Development (multifamily)) of a portion of Lakewood Drive right of way." -under Public Works: Agenda item 20140744 remained on the consent agenda and amended to read, "Motion to approve request by Council Member Walker for a speed limit change to 25mph on the following streets - Hazel St and Pomeroy. Further, approval to install a 25mph speed limit sign on Henderson Street." -under Other Business: Agenda item 20140788 was amended to read, "Motion to table this item and refer it to the July 30th Public Works and Parks Committee Meeting." City Attorney Doug Haynie opened the public hearing for those items on the consent agenda requiring a public hearing. Seeing no one else wishing to speak, the public hearing was closed. A motion was made by Council member Morris, seconded by Council member Kelly, to approve the consent agenda as modified. The motion carried by the following vote: Vote: 7 – 0 – 0 Approved with the following exceptions: Council member Goldstein voting against agenda item 20140714. Council member Morris voting against agenda item 20140744. MINUTES: City of Marietta Page 2 Printed on 8/6/2014 1:35:33PM CITY COUNCIL Meeting Minutes July 9, 2014 * 20140737 Regular Meeting - June 11, 2014 Review and approval of the June 11, 2014 regular meeting minutes. Mayor Tumlin mentioned that on July 7, 2014, Council member Philip M. Goldstein filed two (2) letters of Dissent and Protest; one regarding agenda item 20140564, Marietta Redevelopment Corporation: Corporate By Laws and one regarding agenda item 20140606, the Crime Reduction Ordinance. Since that time Council member Goldstein has since submitted an amended letter of Dissent and Protest regarding the Crime Reduction Ordinance dated July 9, 2014. A motion was made by Council member Walker, seconded by Council member Kelly, to approve the June 11, 2014 regular meeting minutes. The motion carried by the following vote: Vote: 7 – 0 – 0 Approved Mayor Tumlin vetoed the motion. (The official veto is on file in the City Clerk's Office.) City Attorney Doug Haynie mentioned that a Dissent Rebuttal has been filed with the Clerk, along with a Response to the Dissent by the City Attorney. Both documents would be attached to the June 11, 2014 regular meeting minutes along with the letter of Dissent and Protest filed by Council member Goldstein. Mayor Tumlin called for any other motion/action regarding this matter. A motion was made by Council member Chalfant, seconded by Council member Kelly, to override the veto. The motion carried by the following vote: Vote: 7 - 0 - 0 Approved MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: * 20140733 Planning Commission Appointment Appointment of Kent Rosenbury to the Planning Commission (Ward 1) for a term of two years, expiring July 10, 2016. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 20140551 Ethics Committee Council Appointment Appointment of Susan Connor to the Ethics Committee for a two (2) year term expiring July 10, 2016. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved City of Marietta Page 3 Printed on 8/6/2014 1:35:33PM CITY COUNCIL Meeting Minutes July 9, 2014 ORDINANCES: * 20140461 Z2014-08 Rosa Lee Collins 443 Roosevelt Circle Ord 7736 Z2014-08 [REZONING] ROSA LEE COLLINS request rezoning for property located in Land Lot 11620, District 16, Parcel 0080, 2nd Section, Marietta, Cobb County, Georgia and being known as 443 Roosevelt Circle from R-4 (Single Family Residential-4 units/acre) to R-4 (Single Family Residential 4 units/acre) with additional use as a duplex. Ward 5B. Public Hearing held during the consent agenda. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved RESOLUTIONS: CITY ATTORNEY'S REPORT: * 20140732 Denial of Claim Denial of the claim of Dorothy Fortson Steeple. This Matter was Approved to Deny on the Consent Agenda. Vote: 7 – 0 – 0 Approved to Deny * 20140780 Denial of Claim Denial of the claim of Robert Pike. This Matter was Approved to Deny on the Consent Agenda. Vote: 7 – 0 – 0 Approved to Deny CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: 1. Economic/Community Development: G. A. (Andy) Morris, Chairperson * 20140719 Request for Proposal for 994 and 1010 Roswell Street Motion to authorize staff to issue a Request for Proposal to obtain bids for the sale of the City-owned property located at 994 and 1010 Roswell Street. City of Marietta Page 4 Printed on 8/6/2014 1:35:33PM CITY COUNCIL Meeting Minutes July 9, 2014 This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 20140746 GDOT Northwest Corridor-Sound Barriers Motion for Mayor and City Council to vote to request that NO sound barrier be installed along City-owned property bordering I-75 (Section #21) of the NW Corridor Managed Lane Project by GDOT. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved 2. Finance/Investment: Stuart Fleming, Chairperson 3. Judicial/Legislative: Philip M. Goldstein, Chairperson * 20140700 Revision to the Detailed Plan for Manget Phase I: L-7 Guest House Motion to approve the request by homeowner, Roger Goodstein, to convert the area above the detached garage into a dwelling unit for his mother-in-law. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 20140731 Rezoning for Custer Park Recreation Center Expansion Motion to authorize advertising required to rezone the property located at 500 North Fairground Street, 545 Kenneth E. Marcus Way and 586 Kenneth E. Marcus Way from PRD-MF [Planned Residential Development (Multi-Family)] to OI (Office Institutional) to allow for the expansion of the Custer Park Recreation Center. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved for Advertisement * 20140714 Detailed Plan for 425 North Sessions Street Motion to approve the detailed plan for 425 North Sessions Street, including the attached site plan, landscape plan and architectural renderings prepared by Summit Engineering Consultants, Inc. for Sessions Street Townhomes; signed by the applicant, Rebby Dougherty, and dated July 9, 2014. All stipulations and conditions approved at the time of rezoning on September 8, 2004 (Z2003-29), including the letter of stipulations from Richard Calhoun of Brock, Clay, Calhoun & Wilson, P.C. to Mayor Bill Dunaway, dated September 7, 2004, will remain in effect, except that item #7 will be revised to read as follows: 7. Elevations will be substantially the same as the elevation drawing presented to the City at the July 7, 2004, mediation of the above case. City of Marietta Page 5 Printed on 8/6/2014 1:35:33PM CITY COUNCIL Meeting Minutes July 9, 2014 Further, the applicant acknowledges that the four (4) parking spaces within the public right of way along Sessions Street are public parking spaces and are non-exclusive in regards to the proposed development. In addition, the applicant agrees to indemnify the City by separate indemnity agreement which shall also include a maintenance agreement for the parking spaces. Such agreement shall be recorded on the deed records of Cobb County, Georgia, and shall be binding on the applicant, the homeowners association and all future purchasers. This document and requirement shall be placed in the association bylaws and recorded on the plat. This Matter was Approved on the Consent Agenda. Vote: 6 – 1 – 0 Approved Voting Against: Philip M. Goldstein 4. Parks, Recreation and Tourism: Michelle Cooper Kelly, Chairperson * 20140206 335 Allgood Road Motion to Table this matter until the July 9, 2014 City Council meeting. The purpose of this motion is to give both parties additional time to conduct further negotiations in order for the city to acquire the property through negotiations with the owner through their attorneys. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved to Table 5. Personnel/Insurance: Johnny Walker, Chairperson * 20140734 Revision to the Personnel Rules and Regulations Ord 7737 Motion approving the addition of new language to the Personnel Rules and Regulations addressing employees and firearms on City of Marietta/BLW property. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved 6. Public Safety Committee: Anthony Coleman, Chairperson 7. Public Works Committee: Grif Chalfant, Chairperson * 20140703 ATT Overhead Utilities Motion approving variance from the underground utility ordinance, 5-4-160, for utility work shown on the following permit requests: 1. ATT project 4FW48296N for overlash of existing fiber optic cable along Haynes Industrial Drive and Industrial Park Drive. City of Marietta Page 6 Printed on 8/6/2014 1:35:33PM CITY COUNCIL Meeting Minutes July 9, 2014 This motion does not grant a perpetual variance. ATT must relocate underground at their expense if other utilities at the location are moved underground. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 20140705 Cobb Parkway at White Circle Intersection Improvement Project Motion to approve concept for White Circle Intersection Improvement Project to include turn lanes from Cobb Parkway north bound to White Circle and from White Circle to Cobb Parkway. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 20140735 Lakewood Drive Right of Way Public Hearing for the closure and abandonment of a portion of Lakewood Drive right of way. Public Hearing for the closure, abandonment and assignment of PRD-MF (Planned Residential Development (multifamily)) of a portion of Lakewood Drive right of way. This Matter was Approved as Amended on the Consent Agenda. Vote: 7 – 0 – 0 Approved as Amended * 20140744 Request for Speed Limit Signs Motion to approve request by Council Member Walker for a speed limit change to 25mph on the following streets --Kirkpatrick Dr, Hazel St and Pomeroy. Further, approval to install a 25mph speed limit sign on Henderson Street. Motion to approve request by Council Member Walker for a speed limit change to 25mph on the following streets - Hazel St and Pomeroy. Further, approval to install a 25mph speed limit sign on Henderson Street. This Matter was Approved as Amended on the Consent Agenda. Vote: 6 – 1 – 0 Approved as Amended Voting Against: Andy Morris 20140745 2016 SPLOST Project List Motion to approve 2016 SPLOST update/revision to city project list, as amended. A motion was made by Council member Morris, seconded by Council member Coleman, to approve the 2016 SPLOST Project List, with amendments to the following projects: City of Marietta Page 7 Printed on 8/6/2014 1:35:33PM CITY COUNCIL Meeting Minutes July 9, 2014 Burnt Hickory Road Trail - Tier 1 $1,200,000 and Tier 2 $400,000 Church Street and Cherokee Street Improvements - Tier 1 $0 and Tier 2 $250,000 North Loop Pedestrian Improvements - Tier 1 $650,000 and Tier 2 $650,000 Polk Street @ Mountain View Roundabout - Tier 1 $0 and Tier 2 $750,000 Renaissance District Sidewalks - Tier 1 $600,000 and Tier 2 $0 Barnes Street to Victory Drive - Tier 1 $2,500,000 and Tier 2 $500,000 Victory Drive to Dodd Street - Tier 1 $2,000,000 and Tier 2 $500,000 Sandtown Road - Tier 1 $1,080,000 and Tier 2 $144,600 South Marietta Parkway @ Cobb Parkway - Tier 1 $0 and Tier 2 $400,000 Public Safety Training Facility - Tier 1 $1,000,000 and Tier 2 $3,280,000 Discussion was held. An amendment to the motion was made by Council member Goldstein, seconded by Council member Fleming, to amend the motion and combine the Roswell Street Improvements-Victory Drive to Dodd Street and Barnes Street to Victory Drive with $4,500,000 in tier 1 and $1 million in tier 2. The motion carried by the following vote: Vote: 7 - 0 - 0 Amendment Approved An amendment to the motion was made by Council member Fleming, seconded by Council member Coleman, to redistribute the amounts as follows: Renaissance District Sidewalks - Tier 1 $400,000 and Tier 2 $0 Church Street and Cherokee Street Improvements - Tier 1 $200,000 and Tier 2 $50,000 The motion carried by the following vote: Vote: 7 - 0 - 0 Amendment Approved An amendment to the motion was made by Council member Goldstein, seconded by Council member Fleming, to amend the motion to amend the amounts as follows: South Marietta Parkway @ Lower Roswell Road - Tier 1 $400,000 and Tier 2 $0 Burnt Hickory Road Trail - Tier 1 $800,000 and Tier 2 $100,000 The motion failed by the following vote: Vote: 1 - 6 - 0 Failed Voting Against: Stuart Fleming, Grif Chalfant, Johnny Walker, G. A. (Andy) Morris, Anthony Coleman and Michelle Cooper Kelly Mayor Tumlin called for a vote on the original motion with the two (2) approved amendments. The motion is to approve the 2016 SPLOST Project List, with amendments to the following projects: Burnt Hickory Road Trail - Tier 1 $1,200,000 and Tier 2 $400,000 Church Street and Cherokee Street Improvements - Tier 1 $200,000 and Tier 2 $50,000 North Loop Pedestrian Improvements - Tier 1 $650,000 and Tier 2 $650,000 Polk Street @ Mountain View Roundabout - Tier 1 $0 and Tier 2 $750,000 Renaissance District Sidewalks - Tier 1 $400,000 and Tier 2 $0 Roswell Street Improvements-Victory Drive to Dodd Street and Barnes Street to Victory Drive with $4,500,000 in tier 1 and $1 million in tier 2 Sandtown Road - Tier 1 $1,080,000 and Tier 2 $144,600 South Marietta Parkway @ Cobb Parkway - Tier 1 $0 and Tier 2 $400,000 Public Safety Training Facility - Tier 1 $1,000,000 and Tier 2 $3,280,000 City of Marietta Page 8 Printed on 8/6/2014 1:35:33PM CITY COUNCIL Meeting Minutes July 9, 2014 The motion carried by the following vote: Vote: 5 - 2 - 0 Approved as Amended Voting Against: Grif Chalfant and Philip M. Goldstein (Clerk's Note: Further action was taken regarding the matter later in the meeting; see page 13.) OTHER BUSINESS: 20140775 MOU between the City of Marietta and Marietta Redevelopment Corp This memorandum of understanding dated July 9, 2014 is between the City of Marietta (City) and the Marietta Redevelopment Corporation (MRC) to provide “in-kind” support for the MRC by the City for the period of July 1, 2014 to December 31, 2017 as described in the attached MOU. This item is being placed on the agenda at the request of Mayor Tumlin. Discussion was held regarding the MOU between the City of Marietta and Marietta Redevelopment Corporation. Council member Goldstein suggested that the City be listed on the insurance policy the MRC has related to the property. There was general agreement to add language to add this as a condition of the Memorandum of Understanding (MOU), if possible. Council would also receive a biannual update on the progress of the MRC. A motion was made by Council member Fleming, seconded by Council member Kelly, that this matter be Approved. The motion carried by the following vote: Vote: 5 - 2 - 0 Approved as Amended Voting Against: Anthony Coleman and Philip M. Goldstein * 20140788 Three (3) Year Plan for Square Makeover/Improvements Motion for 3 Year Plan incorporating feasibility examination (costs, source of funds, infrastructure design) for Square Makeover/Improvements including, but not limited to:  Parking Meters o Parking Management o Dedication of Parking Meter Fees (net of annual capital improvements, maintenance, and operation costs) for a restrictive use for Downtown Business District through current term of council (12/31/17). o Invest in high tech parking meters  Dumpsters off Street o A better, cleaner, esthetically pleasing, efficient way of servicing trash o Expense and capital outlay o funding City of Marietta Page 9 Printed on 8/6/2014 1:35:33PM CITY COUNCIL Meeting Minutes July 9, 2014  Extension of Sidewalk on North Park, West Park, and East Park Square o Leaving 3 lanes of traffic on North, West and East Park Square (note all “feeders” into the square are at most 3 lanes with all on North and South being 2 Lanes and only 2 3 lanes on East side, in other words, do we need 4 lanes for 1 block?) o Retaining parking on each, just further out o Would allow for more square flexibility for functions without closing of the street (i.e., Chalk Fest)  Purchase of square parcel for purpose of: o Create tourism center/promotion on square o Public Rest Rooms included in new building for functions and park thus eliminating portables and overall lack thereof o 2nd floor for governmental/community purpose o Improve on existing Square eye sore/distraction This item was added at the request of Mayor Tumlin and Council Member Walker. Council member Goldstein disclosed that he is the owner and manager of Marietta Properties, which is the owner of 67-87 North Park Square, Marietta GA. Motion to table this item and refer it to the July 30th Public Works and Parks Committee Meetings. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Referred to the Public Works Committee * 20140789 Downtown Marietta Development Authority / First Baptist Church of Marietta Parking Intergovernmental Agreement Motion to approve assignment of “Agreement as to Parking Facilities” dated July 11, 1979 from the Downtown Marietta Development Authority to the City of Marietta. The owner of the property which is the subject matter of release is the First Baptist Church of Marietta. This item was added at the request of Mayor Tumlin. Motion to table this item and refer it to the July 30th Judicial Legislative Committee Meeting This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Referred to the Judicial/Legislative Committee * 20140796 HB489 Intergovernmental Agreement Discussion and Motion to approve Intergovernmental Agreement between the City of Marietta and Cobb County, Georgia regarding millage rate within the City of Marietta pursuant to O.C.G.A. § 36-70-20. This item was added at the request of Mayor Tumlin. City of Marietta Page 10 Printed on 8/6/2014 1:35:33PM CITY COUNCIL Meeting Minutes July 9, 2014 This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 20140803 680 Franklin Road, 600 Franklin Road (F/K/A 610 Franklin Rd) and 650 Franklin Road Motion authorizing acquisition of a portion of property and easements at 680 Franklin Road, 600 Franklin Road (F/K/A 610 Franklin Rd) and 650 Franklin Road from Summerour Farm, LLLP, Bentley Farm Properties, LLLP and James William Bentley Jr. Estate for the purpose of constructing the Franklin Road Improvements Project - From Twin Brooks to Las Colinas Apartments in exchange for $330,510.00. Stipulation on 600 Franklin Road (F/K/A 610 Franklin Road): 1. City agrees to replace unused driveway to a location chosen by the owners. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved * 20140804 875 Franklin Road Motion authorizing acquisition of a temporary driveway easement at 875 Franklin Road from Wood Glen Apartment Associates, LLC for the purpose of constructing the Franklin Road Improvements Project - From Twin Brooks to Las Colinas Apartments. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved 20140802 V2014-08 AMENDED GPS Hospitality D/B/A Burger King V2014-08 [AMENDED 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). Ward 1A. (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. The following application is incorporated as a condition of granting the requested variances: City of Marietta Page 11 Printed on 8/6/2014 1:35:33PM CITY COUNCIL Meeting Minutes July 9, 2014 (1) The applicant shall replace the square on top of the pylon sign containing the Burger King logo with a 10 ft. wide circle containing said logo; (2) The applicant shall install a 3 ft. tall brick foundation to the current pylon sign. Development Services Director Brian Binzer explained that the previously approved variance request should have been for the logo to be inside a 10 ft wide circle on top of the pylon, instead of a 6ft wide circle. The applicant is now requesting an amendment be approved. The contractor, Mr. Ted Brennan, spoke on behalf of the applicant regarding the requested amendment. Discussion was held. There was general agreement to take no action regarding this matter. No Action Taken * 20140738 BLW Actions of the July 7, 2014 Review and approval of the July 7, 2014 actions and minutes of the Marietta Board of Lights and Water. This Matter was Approved on the Consent Agenda. Vote: 7 – 0 – 0 Approved A motion was made in open session by Council member Goldstein, seconded by Council member Chalfant, to enter an Executive Session to discuss real estate matters. The motion carried by the following vote: Vote: 7 – 0 – 0 Approved For: Stuart Fleming, Grif Chalfant, Johnny Walker, G. A. (Andy) Morris, Anthony Coleman, Michelle Cooper Kelly and Philip M. Goldstein The Executive Session was held. A motion was made in open session by Council member Walker, seconded by Council member Goldstein, to exit the Executive Session. The motion carried by the following vote: Vote: 7 – 0 – 0 Approved For: Stuart Fleming, Grif Chalfant, Johnny Walker, G. A. (Andy) Morris, Anthony Coleman, Michelle Cooper Kelly and Philip M. Goldstein A motion was made by Council member Goldstein, seconded by Council member Coleman, to suspend the rules of order and add two property acquisitions to the agenda. The motion carried by the following vote: Vote: 7 - 0 - 0 Approved (See agenda items 20140811 and 20170812) City of Marietta Page 12 Printed on 8/6/2014 1:35:33PM CITY COUNCIL Meeting Minutes July 9, 2014 * 20140811 1018 Wallace Road Motion authorizing acquisition of temporary easements at 1018 Wallace Road from Bentley Farm Properties, LLLP for the purpose of constructing the Wallace Road at North Marietta Parkway Project in exchange for $25,000.00. A 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 * 20140812 750 Franklin Road Motion authorizing acquisition of a portion of property and easements at 750 Franklin Road from 58 Notting Hills, LLC for the purpose of constructing the Franklin Road Improvements Project - From Twin Brooks to Las Colinas Apartments in exchange for $65,000.00. A 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 20140745 2016 SPLOST Project List Public Works Director Dan Conn mentioned that the total amount for the 2016 SPLOST Project List approved earlier was off by $45,000, which he suggested adding to the Sandtown Road project. A motion was made by Council member Morris, seconded by Council member Kelly, to rescind the previous motion for agenda item 20140745, 2016 SPLOST Project List. The motion carried by the following vote: Vote: 7 - 0 - 0 Approved A motion was made by Council member Morris, seconded by Council member Kelly, to approved the 2016 SPLOST Project List updated with the amounts approved earlier (see pages 7, 8 and 9), with a change to the Sandtown Road project - Tier 1 $1,125,000 and Tier 2 $100,000. The motion carried by the following vote: Vote: 6 - 1 - 0 Approved Voting Against: Philip M. Goldstein UNSCHEDULED APPEARANCES: Larry Wills, who resides on Oakmont Drive, spoke regarding agenda item 20140775 that deals with the MOU between the City of Marietta and Marietta Redevelopment Corporation City of Marietta Page 13 Printed on 8/6/2014 1:35:33PM CITY COUNCIL Meeting Minutes July 9, 2014 ADJOURNMENT: The meeting was adjourned at 8:15 p.m. Date Approved: _ August 13, 2014 ___________________________________ R. Steve Tumlin, Mayor Tumlin . Attest: _____________________________ Stephanie Guy, City Clerk City of Marietta Page 14 Printed on 8/6/2014 1:35:33PM

Agenda

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, July 9, 2014 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Andy Morris, Ward 4 PLEDGE OF ALLEGIANCE: PRESENTATIONS: PROCLAMATIONS: 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). MINUTES: City of Marietta Page 1 Printed on 7/9/2014 11:03:01AM CITY COUNCIL Meeting Agenda July 9, 2014 * 20140737 Regular Meeting - June 11, 2014 Review and approval of the June 11, 2014 regular meeting minutes. MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: * 20140733 Planning Commission Appointment Appointment of Kent Rosenbury to the Planning Commission (Ward 1) for a term of two years, expiring July 10, 2016. * 20140551 Ethics Committee Council Appointment Appointment of Susan Connor to the Ethics Committee for a two (2) year term expiring July 10, 2016. ORDINANCES: * 20140461 Z2014-08 Rosa Lee Collins 443 Roosevelt Circle Z2014-08 [REZONING] ROSA LEE COLLINS request rezoning for property located in Land Lot 11620, District 16, Parcel 0080, 2nd Section, Marietta, Cobb County, Georgia and being known as 443 Roosevelt Circle from R-4 (Single Family Residential-4 units/acre) to R-4 (Single Family Residential 4 units/acre) with additional use as a duplex. Ward 5B. Planning Commission recommends approval w/stipulation Vote: 6 – 0 – 0 Motion: Mr. Vanderslice made a motion, seconded by Mrs. McCrae, to recommend to city council, that the additional use as a duplex be approved with the following stipulation: Stipulations: The additional use will disappear if the structure is substantially modified. PUBLIC HEARING (all parties are sworn in) RESOLUTIONS: CITY ATTORNEY'S REPORT: * 20140732 Denial of Claim Denial of the claim of Dorothy Fortson Steeple. City of Marietta Page 2 Printed on 7/9/2014 11:03:01AM CITY COUNCIL Meeting Agenda July 9, 2014 * 20140780 Denial of Claim Denial of the claim of Robert Pike. CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: 1. Economic/Community Development: G. A. (Andy) Morris, Chairperson * 20140719 Request for Proposal for 994 and 1010 Roswell Street Motion to authorize staff to issue a Request for Proposal to obtain bids for the sale of the City-owned property located at 994 and 1010 Roswell Street. * 20140746 GDOT Northwest Corridor-Sound Barriers Motion for Mayor and City Council to vote to request that NO sound barrier be installed along City-owned property bordering I-75 (Section #21) of the NW Corridor Managed Lane Project by GDOT. 2. Finance/Investment: Stuart Fleming, Chairperson 3. Judicial/Legislative: Philip M. Goldstein, Chairperson * 20140700 Revision to the Detailed Plan for Manget Phase I: L-7 Guest House Motion to approve the request by homeowner, Roger Goodstein, to convert the area above the detached garage into a dwelling unit for his mother-in-law. * 20140731 Rezoning for Custer Park Recreation Center Expansion Motion to authorize advertising required to rezone the property located at 500 North Fairground Street, 545 Kenneth E. Marcus Way and 586 Kenneth E. Marcus Way from PRD-MF [Planned Residential Development (Multi-Family)] to OI (Office Institutional) to allow for the expansion of the Custer Park Recreation Center. City of Marietta Page 3 Printed on 7/9/2014 11:03:01AM CITY COUNCIL Meeting Agenda July 9, 2014 20140714 Detailed Plan for 425 North Sessions Street Motion to approve the detailed plan for 425 North Sessions Street, including the attached site plan, landscape plan and architectural renderings prepared by Summit Engineering Consultants, Inc. for Sessions Street Townhomes; signed by the applicant, Rebby Dougherty, and dated July 9, 2014. All stipulations and conditions approved at the time of rezoning on September 8, 2004 (Z2003-29), including the letter of stipulations from Richard Calhoun of Brock, Clay, Calhoun & Wilson, P.C. to Mayor Bill Dunaway, dated September 7, 2004, will remain in effect, except that item #7 will be revised to read as follows: 7. Elevations will be substantially the same as the elevation drawing presented to the City at the July 7, 2004, mediation of the above case. Further, the applicant acknowledges that the four (4) parking spaces within the public right of way along Sessions Street are public parking spaces and are non-exclusive in regards to the proposed development. In addition, the applicant agrees to indemnify the City by separate indemnity agreement which shall also include a maintenance agreement for the parking spaces. Such agreement shall be recorded on the deed records of Cobb County, Georgia, and shall be binding on the applicant, the homeowners association and all future purchasers. This document and requirement shall be placed in the association bylaws and recorded on the plat. 4. Parks, Recreation and Tourism: Michelle Cooper Kelly, Chairperson * 20140206 335 Allgood Road Motion to Table this matter until the August 13, 2014 City Council meeting. The purpose of this motion is to give both parties additional time to conduct further negotiations in order for the city to acquire the property through negotiations with the owner through their attorneys. 5. Personnel/Insurance: Johnny Walker, Chairperson * 20140734 Revision to the Personnel Rules and Regulations Motion approving the addition of new language to the Personnel Rules and Regulations addressing employees and firearms on City of Marietta/BLW property. 6. Public Safety Committee: Anthony Coleman, Chairperson City of Marietta Page 4 Printed on 7/9/2014 11:03:01AM CITY COUNCIL Meeting Agenda July 9, 2014 7. Public Works Committee: Grif Chalfant, Chairperson * 20140703 ATT Overhead Utilities Motion approving variance from the underground utility ordinance, 5-4-160, for utility work shown on the following permit requests: 1. ATT project 4FW48296N for overlash of existing fiber optic cable along Haynes Industrial Drive and Industrial Park Drive. This motion does not grant a perpetual variance. ATT must relocate underground at their expense if other utilities at the location are moved underground. * 20140705 Cobb Parkway at White Circle Intersection Improvement Project Motion to approve concept for White Circle Intersection Improvement Project to include turn lanes from Cobb Parkway north bound to White Circle and from White Circle to Cobb Parkway. * 20140735 Lakewood Drive Right of Way Public Hearing for the closure and abandonment of a portion of Lakewood Drive right of way. * 20140744 Request for Speed Limit Signs Motion to approve request by Council Member Walker for a speed limit change to 25mph on the following streets --Kirkpatrick Dr, Hazel St and Pomeroy. Further, approval to install a 25mph speed limit sign on Henderson Street. Council Member Morris voting against 20140745 2016 SPLOST Project List Motion to approve 2016 SPLOST update/revision to city project list, as amended. OTHER BUSINESS: City of Marietta Page 5 Printed on 7/9/2014 11:03:01AM CITY COUNCIL Meeting Agenda July 9, 2014 20140775 MOU between the City of Marietta and Marietta Redevelopment Corporation This memorandum of understanding dated July 9, 2014 is between the City of Marietta (City) and the Marietta Redevelopment Corporation (MRC) to provide “in-kind” support for the MRC by the City for the period of July 1, 2014 to December 31, 2017 as described in the attached MOU. This item is being placed on the agenda at the request of Mayor Tumlin. * 20140788 Three (3) Year Plan for Square Makeover/Improvements Motion for 3 Year Plan incorporating feasibility examination (costs, source of funds, infrastructure design) for Square Makeover/Improvements including, but not limited to: · Parking Meters o Parking Management o Dedication of Parking Meter Fees (net of annual capital improvements, maintenance, and operation costs) for a restrictive use for Downtown Business District through current term of council (12/31/17). o Invest in high tech parking meters · Dumpsters off Street o A better, cleaner, esthetically pleasing, efficient way of servicing trash o Expense and capital outlay o funding · Extension of Sidewalk on North Park, West Park, and East Park Square o Leaving 3 lanes of traffic on North, West and East Park Square (note all “feeders” into the square are at most 3 lanes with all on North and South being 2 Lanes and only 2 3 lanes on East side, in other words, do we need 4 lanes for 1 block?) o Retaining parking on each, just further out o Would allow for more square flexibility for functions without closing of the street (i.e., Chalk Fest) · Purchase of square parcel for purpose of: o Create tourism center/promotion on square o Public Rest Rooms included in new building for functions and park thus eliminating portables and overall lack thereof o 2nd floor for governmental/community purpose o Improve on existing Square eye sore/distraction This item was added at the request of Mayor Tumlin and Council Member Walker. Motion to table this item and refer it to the July 30th Public Works and Parks, Recreation and Tourism Committee Meetings City of Marietta Page 6 Printed on 7/9/2014 11:03:01AM CITY COUNCIL Meeting Agenda July 9, 2014 * 20140789 Downtown Marietta Development Authority / First Baptist Church of Marietta Parking Intergovernmental Agreement Motion to approve assignment of “Agreement as to Parking Facilities” dated July 11, 1979 from the Downtown Marietta Development Authority to the City of Marietta. The owner of the property which is the subject matter of release is the First Baptist Church of Marietta. This item was added at the request of Mayor Tumlin. Motion to table this item and refer it to the July 30th Judicial Legislative Committee Meeting * 20140796 HB489 Intergovernmental Agreement Discussion and Motion to approve Intergovernmental Agreement between the City of Marietta and Cobb County, Georgia regarding millage rate within the City of Marietta pursuant to O.C.G.A. § 36-70-20. This item was added at the request of Mayor Tumlin. * 20140803 680 Franklin Road, 600 Franklin Road (F/K/A 610 Franklin Rd) and 650 Franklin Road Motion authorizing acquisition of a portion of property and easements at 680 Franklin Road, 600 Franklin Road (F/K/A 610 Franklin Rd) and 650 Franklin Road from Summerour Farm, LLLP, Bentley Farm Properties, LLLP and James William Bentley Jr. Estate for the purpose of constructing the Franklin Road Improvements Project - From Twin Brooks to Las Colinas Apartments in exchange for $330,510.00. Stipulation on 600 Franklin Road (F/K/A 610 Franklin Road): 1. City agrees to replace unused driveway to a location chosen by the owners. * 20140804 875 Franklin Road Motion authorizing acquisition of a temporary driveway easement at 875 Franklin Road from Wood Glen Apartment Associates, LLC for the purpose of constructing the Franklin Road Improvements Project - From Twin Brooks to Las Colinas Apartments. City of Marietta Page 7 Printed on 7/9/2014 11:03:01AM CITY COUNCIL Meeting Agenda July 9, 2014 20140802 V2014-08 AMENDED GPS Hospitality D/B/A Burger King V2014-08 [AMENDED 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). Ward 1A. (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. The following application is incorporated as a condition of granting the requested variances: (1) The applicant shall replace the square on top of the pylon sign containing the Burger King logo with a 10 ft. wide circle containing said logo; (2) The applicant shall install a 3 ft. tall brick foundation to the current pylon sign. * 20140738 BLW Actions of the July 7, 2014 Review and approval of the July 7, 2014 actions and minutes of the Marietta Board of Lights and Water. UNSCHEDULED APPEARANCES: ADJOURNMENT: City of Marietta Page 8 Printed on 7/9/2014 11:03:01AM

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