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, April 13, 2016 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Andy Morris, Ward 4 PLEDGE OF ALLEGIANCE: PRESENTATIONS: 20160329 Swearing-in of Hearing Officers Swearing in of Maziar Mazloom & Cheryl Richardson by Chief Judge Roger Rozen as Hearing Officers for the Tax Intercept Program. PROCLAMATIONS: 20160305 Building Safety Month Proclamation presented to Mark Rice, Chief Building Inspector, in observance of Building Safety Month. Americans are asked to consider projects to improve building safety and sustainability at home and in the community, and to acknowledge the essential service provided to all of us by local and state building departments, fire prevention bureaus, and federal agencies in protecting lives and property. The City of Marietta, hereby proclaims the month of May 2016 as Building Safety Month ANNOUNCEMENTS OF GENERAL COMMUNITY INFORMATION BY THE MAYOR, COUNCIL AND/OR CITY MANAGER: City of Marietta Page 1 Printed on 4/13/2016 3:15:19PM CITY COUNCIL Meeting Agenda April 13, 2016 SCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes. 20160325 Scheduled Appearance - Larry Wills 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: * 20160290 Regular Meeting - March 9, 2016 Review and approval of the March 9, 2016 regular meeting minutes. * 20160291 Special Meeting - March 30, 2016 Review and approval of the March 30, 2016 special called meeting minutes. * 20160078 Executive Session Minutes Review and approval of the following executive session minutes: January 8, 2014 City Council Meeting January 30, 2014 Special Called City Council Meeting February 10, 2014 Agenda Work Session March 6, 2014 Agenda Work Session March 12, 2014 City Council Meeting March 26, 2014 Special Called Agenda Work Session April 7, 2014 Agenda Work Session April 30, 2014 Special Called Agenda Work Session May 12, 2014 Agenda Work Session May 14, 2014 City Council Meeting MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: ORDINANCES: City of Marietta Page 2 Printed on 4/13/2016 3:15:19PM CITY COUNCIL Meeting Agenda April 13, 2016 * 20160196 Z2016-05 [REZONING] CENTURY COMMUNITIES, LLC Z2016-05 [REZONING] CENTURY COMMUNITIES, LLC is requesting the rezoning of 0.09 acres located in Land Lot 217, District 17, Parcels 0680, 0490, 0510, 0520, and 0530; and Land Lot 1290, 16th District, Parcels 0360 and 0370, 2nd Section, Marietta, Cobb County, Georgia, and being known as a portion of 392, 404, 408, 412, 422, 430, and 436 Powder Springs Street from CRC (Community Retail Commercial) to MXD (Mixed Use Development). Ward 5A. (Section 3) The following stipulation is incorporated as a condition of zoning: This property shall be incorporated into the Marietta Walk development, and all previously approved stipulations to zoning and detailed plans for Marietta Walk, including site plans, landscape plans and architectural elevations, shall also apply to this property. The Planning Commission recommends approval. Mr. Vanderslice made a motion, seconded by Mr. Hunter to recommend approval as submitted. The motion carried 6-0-0 PUBLIC HEARING (all parties are sworn in) RESOLUTIONS: CITY ATTORNEY'S REPORT: CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: 1. Economic/Community Development: G. A. (Andy) Morris, Chairperson 20160224 Final Fiscal Year 2016 CDBG Projects Approval of a Resolution authorizing the submittal of the city’s Final Fiscal Year 2016 CDBG projects to Cobb County CDBG for inclusion in their submittal to the U.S. Department of Housing and Urban Development (HUD). City of Marietta Page 3 Printed on 4/13/2016 3:15:19PM CITY COUNCIL Meeting Agenda April 13, 2016 20160234 FY2016 CDBG Sub-recipient Agreement Motion approving the 2016 Program Year CDBG Sub-recipient Agreement submitted by Cobb County and amended by council as follows The deletion of the following: Section 1.1-Administration of Program (a & b)- “a. The County shall have the responsibility for providing limited administrative service to the City of Marietta’s CDBG Program, including but not limited to preparation of plans to be submitted to HUD, issuance of notices, requests for project submittals, accepting applications, evaluation administration and monitoring of projects. b. In compensation for the County administrative services identified (a.), the County shall receive an administrative fee of $10,000, which shall be deducted from the City’s annual administration allocation. No percentage of CDBG administrative fees assigned to the City shall exceed that allowed by HUD CDBG regulations.” The revision of the following: Revision to page 30-Scope of Services: Remove “Administrative & Planning Functions CDBG Office” from the Activity Names and restore the $10,000 to the City of Marietta Administrative & Planning Functions. 2. Finance/Investment: Stuart Fleming, Chairperson 3. Judicial/Legislative: Philip M. Goldstein, Chairperson * 20160245 Manget Ph. 1 - Revision to the Detailed Plan Motion to approve a revision to the detailed plan to convert SF35 (at the corner of Manget and Frasier Streets) to a corner park. * 20160248 City of Marietta Comprehensive Plan Steering Committee Motion to appoint Philip M. Goldstein and Stuart Fleming to serve on the City of Marietta Comprehensive Plan Steering Committee. * 20160309 Proposed Amendment to Personal Care - Group Homes Regulations Motion to authorize advertisement for amendments to the definitions regarding personal care homes and group homes. City of Marietta Page 4 Printed on 4/13/2016 3:15:19PM CITY COUNCIL Meeting Agenda April 13, 2016 * 20160278 44 Mill Street (Chick-fil-A) - Certificate of Approval (Demo/New Construction) Motion to approve a certificate of approval for new construction-site parking lot demo, grade and rebuild, utilities, dumpster and lights for the previously approved Chick-fil-A building. The following items are additional conditions of approval for the attached site plan: 1. Full access onto Georgia 120 Loop (North Marietta Parkway) is required and must be approved by Georgia Department of Transportation. 2. The site plan is approved, site-specific for Chick-fil-A only. 3. Improvements to the proposed driveway shall be the responsibility of the property owner and/or Chick-fil-A, and at no expense to the City of Marietta. * 20160279 44 Mill Street (Chick-fil-A) Signage Motion to approve a certificate of approval for Chick-fil-A building and monument signage. Philip Goldstein and Mary Goldstein are owners of the property at 44 Mill Street (2130 Mill Street - County Tax Bill), Marietta, Ga. 4. Parks, Recreation and Tourism: Michelle Cooper Kelly, Chairperson * 20160263 Tourism Grant Request, Marietta/Cobb Museum of Art Motion to approve a request from Sally Macaulay, Executive Director of Marietta/Cobb Museum of Art for a supplemental tourism grant for Coca Cola exhibit in the amount of $10,248. Council member Goldstein disclosed that he is a member of the Marietta/Cobb Museum of Art. * 20160265 Tourism Grant Request, Jersey Barriers Motion to approve a request from City Staff for tourism funds to purchase Jersey Barriers in the amount of $10,820, as a capital project for future tourism grant funded event. 5. Personnel/Insurance: Johnny Walker, Chairperson City of Marietta Page 5 Printed on 4/13/2016 3:15:19PM CITY COUNCIL Meeting Agenda April 13, 2016 6. Public Safety Committee: Anthony Coleman, Chairperson 7. Public Works Committee: Grif Chalfant, Chairperson * 20160254 Real Property Agreement Kennesaw Mountain to Chattahoochee River (KMCR) Gap Trail Motion authorizing the Real Property Agreement between the City of Marietta and GDOT for the Transportation Enhancement (TE) project KMCR Gap Trail. * 20160255 Intergovernmental Agreement for Cobb Parkway at Roswell Street SPLOST project Motion to approve a Memorandum of Understanding with GDOT for the US/41SR3 (Cobb Parkway) Intersection Improvement Project. * 20160286 Bill (Scoop) Kinney Memorial Street Motion to place two signs on Polk St. (one near Cleburne and the other near Winn) not changing the street name but making the section of Polk between Cleburne and Winn St. the Bill (Scoop) Kinney Memorial Street. Bill Kinney was the longest season ticket holder for the Marietta Blue Devils, dedicated to Marietta High School and the City of Marietta with his years of writing about his beloved community. * 20160287 Request for Speed Signs Motion authorizing staff to install two driver speed feedback signs on Bells Ferry Rd. * 20160298 BLW Request for Variance Motion approving variance from the underground utility ordinance, 5-4-160, for utility work shown on the attached letter and attachment from Marietta Power dated 03-28-2016 for work on Gresham Road. This motion does not grant a perpetual variance. Marietta Power must relocate underground at their expense if other utilities at the location are moved underground. OTHER BUSINESS: City of Marietta Page 6 Printed on 4/13/2016 3:15:19PM CITY COUNCIL Meeting Agenda April 13, 2016 * 20160307 Motion accepting the donation of right of way: - Along Burnt Hickory Rd. from Aspire Hollander, LLC - Along Maple Ave. from Marietta City Schools - Along Burnt Hickory Rd. from LED Hickory Investors, LLC * 20160340 Construction Agreement between State of Georgia Department of Transportation and City of Marietta for the Franklin Road Improvements Project Motion approving the Construction Agreement between State of Georgia Department of Transportation and the City of Marietta for the Franklin Road Improvements Projects from Twin Brooks Drive to Las Colinas Apartments Project, PI No. 0010325. * 20160344 Request for Stop Sign and Crosswalks Motion authorizing the installation of a 4-way stop and crosswalks at the intersection at Lee’s trace & Chestnut Hill Circle. 20160345 Acceptance of Sessions Street Right of Way Donation Motion accepting the donation of right away along Sessions Street from Sessions Street Townhomes, LLC. * 20160342 BLW Actions of April 11, 2016 Review and approval of the April 11, 2016 actions and minutes of Marietta Board of Lights and Water. UNSCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes. ADJOURNMENT: City of Marietta Page 7 Printed on 4/13/2016 3:15:19PM