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 Ruben Sands, Ward 5 Michelle Cooper Kelly, Ward 6 Philip M. Goldstein, Ward 7 Wednesday, January 11, 2017 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Michelle Cooper Kelly, Ward 6 PLEDGE OF ALLEGIANCE: Marietta Center for Advanced Academics Student Council PRESENTATIONS: 20161269 Presentation to The City of Marietta’s Fleet Maintenance Division Recognition of the City of Marietta’s Fleet Maintenance Division for receiving the highly coveted National Institute for Automotive Service Excellence’s Blue Seal Shop Designation. 20161270 Presentation to Scott Lawler, Fleet Supervisor Presentation to Scott Lawler, Fleet Supervisor with the City of Marietta, for receiving the Certified Public Fleet Professional certification with the American Public Works Association. PROCLAMATIONS: ANNOUNCEMENTS OF GENERAL COMMUNITY INFORMATION BY THE MAYOR, COUNCIL AND/OR CITY MANAGER: City of Marietta Page 1 Printed on 1/10/2017 4:36:59PM CITY COUNCIL Meeting Agenda January 11, 2017 SCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes. 20161307 Scheduled Appearance Scheduled Appearance - Perry Price 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: * 20161321 Regular Minutes - December 14, 2016 Review and approval of the December 14, 2016 regular meeting minutes. MAYOR’S APPOINTMENTS: (with the consent of Council) * 20170025 Mayor Pro tem Appointment of Michelle Cooper Kelly as Mayor Pro tem for a term of one year expiring on January 1, 2018. * 20170026 Presiding Officer Appointment of Ruben Sands as Presiding Officer for a term of one year expiring on January 1, 2018. * 20170027 Economic/Community Development Committee Appointment of G. A. (Andy) Morris as Chairman, Johnny Walker as Vice Chair and Grif Chalfant to the Economic/Community Development Committee for a term of one year expiring on January 1, 2018. * 20170028 Finance/Investments Committee Appointment of Stuart Fleming as Chairman, Grif Chalfant as Vice Chair and Michelle Cooper Kelly to the Finance/Investments Committee for a term of one year expiring on January 1, 2018. City of Marietta Page 2 Printed on 1/10/2017 4:36:59PM CITY COUNCIL Meeting Agenda January 11, 2017 * 20170029 Judicial/Legislative Committee Appointment of Philip M. Goldstein as Chairman, G. A. (Andy) Morris as Vice Chair and Stuart Fleming to the Judicial/Legislative Committee for a term of one year expiring on January 1, 2018. * 20170030 Parks, Recreation & Tourism Committee Appointment of Michelle Cooper Kelly as Chairman, Stuart Fleming as Vice Chair and Ruben Sands to the Parks, Recreation and Tourism Committee for a term of one year expiring on January 1, 2018. * 20170031 Personnel/Insurance Committee Appointment of Johnny Walker as Chairman, Ruben Sands as Vice Chair and Philip M. Goldstein to the Personnel/Insurance Committee for a term of one year expiring on January 1, 2018. * 20170032 Public Safety Committee Appointment of Ruben Sands as Chairman, Michelle Cooper Kelly as Vice Chair and Johnny Walker to the Public Safety Committee for a term of one year expiring on January 1, 2018. * 20170033 Public Works Committee Appointment of Griffin Lee Chalfant, Jr., as Chairman, Philip M. Goldstein as Vice Chair and G. A. (Andy) Morris to the Public Works Committee for a term of one year expiring on January 1, 2018. * 20170034 BLW Council Representative Appointment of Stuart Fleming as the council representative on the Board of Lights and Water (BLW) for a term of one year expiring on January 1, 2018. * 20170035 Marietta Board of Education Council Liaison Appointment of Johnny Walker as the council liaison to the Marietta Board of Education for a one year term expiring on January 1, 2018. * 20170036 Marietta Housing Authority Council Liaison Appointment of Ruben Sands as the council liaison to the Marietta Housing Authority for a term of one year expiring on January 1, 2018. City of Marietta Page 3 Printed on 1/10/2017 4:36:59PM CITY COUNCIL Meeting Agenda January 11, 2017 * 20170037 Council Liaison Appointments Consideration of council liaison appointments as designated: Marietta Chamber/SPSU-KSU Merger - Griffin L. Chalfant, Jr. Wellstar/Medical Community - G. A. (Andy) Morris Lockheed/Military - Stuart Fleming Schools Governance Teams (SGT) for Marietta High School - Michelle Cooper Kelly Legislative - Philip M. Goldstein Cobb/Douglas Board of Public Health - Mayor Steve Tumlin CITY COUNCIL APPOINTMENTS: * 20161291 Marietta Museum of History Appointment Consideration of a recommendation by the Museum of History Board to appoint Greg Masterson to the board, for a term expiring October 31, 2019. * 20161316 Ethics Committee Appointment Appointment of David Dove to the Ethics Committee, as recommended by the Ethics Committee, for a term of two (2) years expiring January 11, 2019. ORDINANCES: * 20161208 Z2017-02 [REZONING] GDCI GA4, LP Z2017-02 [REZONING] GDCI GA4, LP is requesting the rezoning of approximately 711 square feet located in Land Lot 1287, District 16, Parcel 2220, 2nd Section, Marietta, Cobb County, Georgia, and being known as a portion of 195 Easy Pines Way from PRD-MF (Planned Residential Development - Multi Family) to R-4 (Single Family Residential - 4 units / acre). Ward 1A. The Planning Commission recommended this item for approval. Mr. Poor made a motion, seconded by Ms. McCrae, to recommend approval as submitted. The motion carried 7 0 0. Public Hearing (all parties are sworn in) City of Marietta Page 4 Printed on 1/10/2017 4:36:59PM CITY COUNCIL Meeting Agenda January 11, 2017 * 20161212 Z2017-04 [REZONING] THERON WELCH (CY HEDRICK) Z2017-04 [REZONING] THERON WELCH (CY HEDRICK) is requesting the rezoning of approximately 0.05 acres located in Land Lot 1148, District 16, Parcel 0150, 2nd Section, Marietta, Cobb County, Georgia, and being known as a portion of 290 Stewart Avenue from R-3 (Single Family Residential - 3 units/acre) to R-2 (Single Family Residential - 2 units/acre). Ward 4A. The Planning Commission recommended this item for approval. Mr. Diffley made a motion, seconded by Mr. Davis, to recommend approval as submitted. The motion carried 6 0 1. Mr. Poor abstained. Public Hearing (all parties are sworn in) 20161207 Z2017-01 [REZONING & SPECIAL LAND USE PERMIT] BENTLEY COMMERCIAL PROPERTIES, LLC Z2017-01 [REZONING & SPECIAL LAND USE PERMIT] BENTLEY COMMERCIAL PROPERTIES, LLC is requesting the rezoning and Special Land Use Permit for property located in Land Lot 505, District 17, Parcel 0450, 2nd Section, Marietta, Cobb County, Georgia, and being known as 344 Kathleen Drive, from LI (Light Industrial) to HI (Heavy Industrial) with a Special Land Use Permit for an automobile wrecking yard. Ward 7A. The Planning commission recommended this item for approval. Ms. McCrae made a motion, seconded by Mr. Diffley, to recommend approval as submitted with a three (3) year limit on the Special Land Use Permit (SLUP) for an automobile wrecking yard. The motion carried 7 0 0. Public Hearing (all parties are sworn in) City of Marietta Page 5 Printed on 1/10/2017 4:36:59PM CITY COUNCIL Meeting Agenda January 11, 2017 20161228 Z2017-05 [REZONING & SPECIAL LAND USE PERMIT] GEORGE E. BENTLEY Z2017-05 [REZONING & SPECIAL LAND USE PERMIT] GEORGE E. BENTLEY is requesting the rezoning and Special Land Use Permit for property located in Land Lot 505, District 17, Parcel 0750, 2nd Section, Marietta, Cobb County, Georgia, and being known as 349 Kathleen Drive, from R-2 (Single Family Residential - 2 units/acre) to LI (Light Industrial) with a Special Land Use Permit for an automobile storage yard. Ward 7A. The Planning Commission recommended this item for approval as stipulated. Mr. Poor made a motion, seconded by Ms. McCrae, to recommend approval with five (5) variances. The motion carried 7 0 0. 1. Variance to allow automobile sales on a lot less than an acre. 2. Variance to allow automobile sales within 50 feet from a property zoned for residential purposes. 3. Variance to allow impervious surface to be up to 100%. 4. Variance to allow impervious surface to encroach within 50 feet of landscape buffer adjacent to residential property. 5. Variance to allow gravel as an acceptable parking surface. Public Hearing (all parties are sworn in) * 20161171 CA2017-02 [CODE AMENDMENT] CA2017-02 [CODE AMENDMENT] Proposal to amend the Comprehensive Development Code of the City of Marietta, Division 710, Supplementary District Regulations, paragraph 710.04, Fences and Walls. The Planning Commission recommended this item for approval. Mr. Bennett made a motion, seconded by Mr. Hunter to recommend approval as submitted. The motion carried 6 1 0. Ms. McCrae opposed. Public Hearing (all parties are sworn in) RESOLUTIONS: CITY ATTORNEY'S REPORT: * 20161306 Denial of Claim Denial of Claim for Austin Jason Aldridge * 20170038 Denial of Claim Denial of Claim of Stevie Ray Anderson City of Marietta Page 6 Printed on 1/10/2017 4:36:59PM CITY COUNCIL Meeting Agenda January 11, 2017 CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: 1. Economic/Community Development: G. A. (Andy) Morris, Chairperson 2. Finance/Investment: Stuart Fleming, Chairperson * 20161293 National League of Cities (NLC) Motion approving travel and training for Mayor and Council members who wish to attend the National League of Cities (NLC) Congressional City Conference in Washington, DC, March 11-15, 2017. * 20161294 Donation to the Tree Preservation Fund by PRO Building Systems (Jim Ellis Audi Deck) Ordinance approving an amendment to the Fiscal Year 2017 Tree Preservation Fund budget to receive and appropriate a donation from PRO Building Systems, Inc. (Jim Ellis Audi Deck). 3. Judicial/Legislative: Philip M. Goldstein, Chairperson * 20161282 Final Plat - Manget Phases III & IV Motion to approve of the final plat for Manget Phase 3 & 4, subject to the following conditions: 1. The attached Property Maintenance Contract between the applicant and the City of Marietta shall be completed and recorded prior to approval of the final plat. Further, the final plat shall contain a notation on the plat that all lots are subject to a property maintenance contract. 2. The applicant agrees to complete construction of the sidewalks and fencing, and will replant the landscape buffers, according to the approved plans prepared by the Marietta Parks and Recreation Department. * 20161283 Revised Detailed Plan - Manget Phase IV Motion to approve the request by GDCI GA4, LP for a revised tree plan or Manget Phase IV. House elevations for the lots in Phase IV will be submitted to City Council at a later date. City of Marietta Page 7 Printed on 1/10/2017 4:36:59PM CITY COUNCIL Meeting Agenda January 11, 2017 * 20161289 City of Marietta 2017 General Election Ordinance to provide for the establishment of qualifying fees for the office of Mayor and the office of Council for the city of Marietta, Georgia and to provide for the opening and closing dates for filing notice of candidacy by candidates. 20161196 Chickens in Marietta City Limits Motion to authorize staff to advertise a code amendment regarding chickens in R-1, R-2, R-3, and R-4. 4. Parks, Recreation and Tourism: Michelle Cooper Kelly, Chairperson * 20161287 Kirby Park Development Motion approving the revised conceptual plan for Kirby Park and authorizing staff to proceed with construction documents and bidding based on approved redesign. 5. Personnel/Insurance: Johnny Walker, Chairperson 6. Public Safety Committee: Ruben Sands, Chairperson * 20161188 Intergovernmental Agreement on E-911 Service Review and approval of the new Intergovernmental agreement on E-911 with Cobb County. * 20161280 Resolution for the Cobb County Multi-Jurisdictional Hazard Mitigation Review and approval of the updated Cobb County Multi-Jurisdictional Hazard Mitigation Plan (HMP). * 20161290 Revisions to MPD Policies Approval of revisions to listed policies A030 (Code of Conduct), P015 (Video/Audio Recording Equipment), S040 (Organized Crime and Vice Control) 7. Public Works Committee: Grif Chalfant, Chairperson OTHER BUSINESS: City of Marietta Page 8 Printed on 1/10/2017 4:36:59PM CITY COUNCIL Meeting Agenda January 11, 2017 20160762 Charter Amendment related to Municipal Court Judges and Municipal Court Prosecuting Attorney Motion to approve the first reading of Amendment to the Charter for City of Marietta Section 4.11 entitled “Municipal Court,” Section 6.2 entitled “Chief Judge, Associate Judges; Compensation; Oaths,” and Section 6.6 entitled “Prosecuting Attorney.” First Reading. Public Hearing. * 20170039 Letter to Cobb Delegation Request for approval by Council of letter to Cobb Delegation in care of the honorable representatives and senators who have Marietta representation. Letter shall include attachments of certified referendum vote, verified copy of November 2016 action (including vote) by council, and Council action of 2015 of term limits. All to be presented in letter as consideration of term limits by our Cobb Legislative Council. Requested by Mayor Tumlin. Council member Goldstein opposed. * 20170043 Voluntary Deposits into the Municipal Competitive Trust for Power Supply Year 2017 Motion to authorize the execution of the appropriate form regarding voluntary deposits into the Municipal Competitive Trust (MCT) for the year 2017 and selecting the Flexible Operating Account Short Term Portfolio. * 20170044 MEAG Off-System Energy Sales Margins Power Supply Year 2017 Motion authorizing the execution of the appropriate form regarding the election of MEAG Off-System Energy Sales Margins for the power supply year 2017 and selecting to credit my monthly MEAG Power bill with my entitled portion of each month’s off-system energy sales margins. * 20170005 BLW Actions of January 9, 2017 Approval of the January 9, 2017 actions and minutes of the Marietta Board of Lights and Water. City of Marietta Page 9 Printed on 1/10/2017 4:36:59PM CITY COUNCIL Meeting Agenda January 11, 2017 UNSCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes. ADJOURNMENT: City of Marietta Page 10 Printed on 1/10/2017 4:36:59PM