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, February 8, 2017 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Philip Goldstein, Ward 7 PLEDGE OF ALLEGIANCE: PRESENTATIONS: 20170113 Presentation of ESGR Seven Seals Award Presentation of the Employer Support of the Guard and Reserve (ESGR) Seven Seals Award to the City of Marietta from the Georgia State Committee Chair, Mr. David Bockel, and the Georgia State Committee Vice Chair, Mr. Kevin Wince. The Seven Seals Award is presented in recognition of significant individual or organizational achievement, initiative, or support that promotes and supports the ESGR mission. PROCLAMATIONS: ANNOUNCEMENTS OF GENERAL COMMUNITY INFORMATION BY THE MAYOR, COUNCIL AND/OR CITY MANAGER: SCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes. City of Marietta Page 1 Printed on 2/7/2017 5:34:43PM CITY COUNCIL Meeting Agenda February 8, 2017 20170107 Scheduled Appearance 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: * 20170054 Executive Session Minutes Review and approval of the following executive session minutes: January 11, 2016 Agenda Work Session January 27, 2016 Special Called Agenda Work Session February 8, 2016 Agenda Work Session February 24, 2016, Special Called Agenda Work Session * 20170098 Regular Minutes - January 11, 2017 Review and approval of the January 11, 2017 regular meeting minutes. MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: * 20170045 Historic Preservation Commission Appointment - Ward 1 Appointment of Steve Imler to the Marietta Historic Preservation Commission (Ward 1), for a 3-year term expiring February 9, 2020. * 20170052 Marietta Historic Board of Review - Ward 1 Appointment of Dorothy Woodruff to the Marietta Historic Board of Review (Ward 1), for a two year term expiring February 9, 2019. ORDINANCES: City of Marietta Page 2 Printed on 2/7/2017 5:34:43PM CITY COUNCIL Meeting Agenda February 8, 2017 20160895 Z2016-28 [REZONING] TULEY & TULEY, INC. Z2016-28 [REZONING] TULEY & TULEY, INC. is requesting the rezoning of approximately 3.6 acres located in Land Lot 1066, District 16, Parcels 0240, 0250, 0350, and 1150, 2nd Section, Marietta, Cobb County, Georgia, and being known as 1279 & 1293 Barnes Mill Road and 626 & 630 Merritt Road from R-3 (Single Family Residential - 3 units/acre), R-2 (Single Family Residential - 2 units/acre), and CRC (Community Retail Commercial) to PRD-SF (Planned Residential Development - Single Family) and CRC (Community Retail Commercial). Ward 6B. The Planning Commission recommends approval as stipulated. Mr. Poor made a motion, seconded by Mr. Diffley, to recommend approval as submitted with the following variances. The motion carried 7 0 0. Variance to increase the maximum impervious surface area from 60% to 78% Variance to reduce the minimum lot size from 4,000 sq. ft. to 2,645 sq. ft. Variance to be allowed to keep the existing sidewalks and to waive the requirement for a new 5’ sidewalk and 2’ grass strip. Variance to eliminate the deceleration lane along Barnes Mill Road Public Hearing (all parties are sworn in) 20170006 Z2017-06 [REZONING] TNTF, LLC Z2017-06 [REZONING] TNTF, LLC is requesting the rezoning of approximately 20.5 acres located in Land Lots 1239, 1240, 1281 & 1282, District 16, Parcels 0270, 0060, & 1310, 2nd Section, Marietta, Cobb County, Georgia, and being known as 50 Powers Ferry Road, 2301 & 2315 Wylie Drive from CRC (Community Retail Commercial) to MXD (Mixed Use Development). Ward 7A. The Planning Commission recommends approval. Mr. Diffley made a motion, seconded by Mr. Bennett, to recommend approval as submitted. The motion carried 7 0 0. Public Hearing (all parties are sworn in) City of Marietta Page 3 Printed on 2/7/2017 5:34:43PM CITY COUNCIL Meeting Agenda February 8, 2017 20170008 Z2017-07 [REZONING] DAVID WEEKLEY HOMES Z2017-07 [REZONING] DAVID WEEKLEY HOMES is requesting the rezoning of approximately 14.52 acres located in Land Lots 141 & 148, District 17, Parcels 0010 & 0210, 2nd Section, Marietta, Cobb County, Georgia, and being known as 838 & 848 Powder Springs Street from R-2 (Single Family Residential - 2 units/acre) to PRD-SF (Planned Residential Development - Single Family). Ward 2B. Council member Goldstein disclosed that he and/or his family members have been represented by Kevin Moore and/or his firm. Motion to table the request for rezoning Z2017-07, David Weekley Hones, until the March 8, 2017 Council meeting. The Planning Commission does not have a recommendation. Motion to approve the rezoning application as submitted by Mr. Diffley seconded by Mr. Davis. Motion failed to carry 3 3 1. Motion to deny the rezoning application by Mr. Bennett seconded by Ms. McCrae. Motion failed to carry 3 3 1. Application is forwarded to City Council with no recommendation due to inability of commission to pass a motion by majority vote. Public Hearing (all parties are sworn in) 20170010 Z2017-09 [REZONING] DAVID YOUSSI Z2017-09 [REZONING] DAVID YOUSSI is requesting the rezoning of approximately 0.14 acres located in Land Lot 1290, District 16, Parcel 0030, 2nd Section, Marietta, Cobb County, Georgia, and being known as 25 Trammell Street from OI (Office Institutional) to OI (Office Institutional) with an additional use as a single family residence. Ward 3A. The Planning Commission recommends approval. Ms. McCrae made a motion, seconded by Mr. Hunter, 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 2/7/2017 5:34:43PM CITY COUNCIL Meeting Agenda February 8, 2017 20170011 Z2017-10 [REZONING] JEREMY KEYSER Z2017-10 [REZONING] JEREMY KEYSER is requesting the rezoning of approximately 0.2 acres located in Land Lot 1147, District 16, Parcel 0390, 2nd Section, Marietta, Cobb County, Georgia, and being known as 363 Campbell Hill Street from NRC (Neighborhood Retail Commercial) to NRC (Neighborhood Retail Commercial) with an additional use as a single family residence. Ward 4B. The Planning Commission recommends approval. Mr. Bennett made a motion, seconded by Mr. Diffley, to recommend approval as submitted. The motion carried 7 0 0. Public Hearing (all parties are sworn in) 20161196 CA2017-03 [CODE AMENDMENT] CA2017-03 [CODE AMENDMENT] Proposal to amend Chapter 10-10-130, Domesticated Animals, of the Marietta Code of Ordinances; as well as the Comprehensive Development Code of the City of Marietta, Division 708.01 Single Family Residential/Agriculture - 1 unit/acre (R-1), Division 708.02 Single Family Residential - 2 units/acre (R-2), Division 708.03 Single Family Residential - 3 units/acre (R-3), Division 708.04 Single Family Residential - 4 units/acre (R-4), regarding Temporary/Conditional Uses Allowed by the Director, to allow for keeping chickens; and Division 724.02 Definitions of Terms. The Planning Commission recommends approval as stipulated. Mr. Diffley made a motion, seconded by Ms. McCrae to recommend approval with the following changes. The motion carried 7 0 0. f. Chicken coops may be no more than eight (8) feet in height and one hundred (100) square feet in area g. The enclosed chicken run area adjacent to the chicken coop shall not be more than two hundred fifty (250) square feet in area. Also, the Planning Commission recommended that PRD SF be included in the list of zoning districts that would allow the keeping of chickens. Public Hearing (all parties are sworn in) RESOLUTIONS: CITY ATTORNEY'S REPORT: City of Marietta Page 5 Printed on 2/7/2017 5:34:43PM CITY COUNCIL Meeting Agenda February 8, 2017 * 20170126 Denial of Claim Denial of Claim for Austin Jason Aldridge CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: 1. Economic/Community Development: G. A. (Andy) Morris, Chairperson * 20170070 Military Zone Job Tax Credit Motion to authorize to send a letter to the Department of Community Affairs to designate Census Tract 311.13 in Marietta as a Military Zone. 2. Finance/Investment: Stuart Fleming, Chairperson * 20170080 LiveSAFE Resources Grant Motion to approve the request from the LiveSAFE Resources (Formally known as YWCA of Marietta) to sign an application for a DCA Emergency Solutions Grant for the domestic violence shelter and transitional housing programs. The current Grant Application has not been received, so included is a copy of last year’s grant application. * 20170110 GMA Newly Elected Officials Training Motion approving travel and training expenses for Council member Ruben Sands to attend the required GMA Newly Elected Officials Training. 3. Judicial/Legislative: Philip M. Goldstein, Chairperson 20161281 Revised Detailed Plan - Session St Townhomes (425 N. Sessions St) Motion to approve the request by Taylor Morrison of Georgia, LLC to revise the detailed plan, including attached detailed plan dated 1/27/17, detailed tree plan dated 1/11/17, and building elevations dated 1/31/17 and signed by the applicant, for nineteen (19) townhomes at 425 North Sessions Street. City of Marietta Page 6 Printed on 2/7/2017 5:34:43PM CITY COUNCIL Meeting Agenda February 8, 2017 * 20170064 Forest Hills Historic District - Designation Hearing Motion to authorize staff to advertise a public hearing for the designation of the Forest Hill Historic District on Wednesday, March 8, 2017. * 20170073 (Revision to the Detailed Plan for Wynhaven (560 Powder Springs Street) Motion to approve the revised detailed plan by Lennar Inc that will reconfigure the northwestern corner of the development site to accommodate the storm water detention pond, as per the attached detailed plan signed by the applicant and dated February 8, 2017. In accordance with Section 708.20.J.4 of the Marietta City Code, Lennar Inc. is requesting the approval of the revisions to the detailed plan for Wynhaven. Council member Goldstein disclosed that he and/or his family members have been represented by Kevin Moore and/or his firm. 4. Parks, Recreation and Tourism: Michelle Cooper Kelly, Chairperson * 20170060 2017 Special Events and Associated Requests for Approval Motion to approve the attached events labeled 20170060 A-K for street closures and alcohol sales and/or consumption as requested with the following exception: Chalktoberfest street closures on E. Park Square, Atlanta St., Roswell St., Lawrence St., Cherokee St., Church St shall take place at 7:30 pm instead of 1 pm as requested on the application. The eastbound lane of Mill St. shall close at 1 pm and the westbound lane of Mill St to the railroad tracks shall close at 7:30 pm. Council member Goldstein disclosed that he is on the Marietta Welcome Center Board, a current or past member of the Marietta Museum of History, current or past member of the Marietta/Cobb Museum of Art. * 20170085 Fundraising for Elizabeth Porter Park Statue A motion authorizing the sale and installation of inscribed bricks by the Elizabeth Porter Historic Art Committee for the purpose of raising funds for the Elizabeth Porter statue to be placed with Elizabeth Porter Park as previously approved in the park development plan. 5. Personnel/Insurance: Johnny Walker, Chairperson City of Marietta Page 7 Printed on 2/7/2017 5:34:43PM CITY COUNCIL Meeting Agenda February 8, 2017 * 20170055 2017 Appointed Official Review/ Compensation Motion to approve the following for compensation of certain appointed officials effective January 1, 2017. 1. Approval of a 1.5 percent increase for Municipal Court Chief Judge & Prosecuting Attorney. 2. Approval of a 4 percent increase for City Manager and the amendment of the existing employment agreement as attached. 3. Approval of a 3 percent increase for Assistant to the Mayor and the changing of her hours per week to 34 as per the attached agreement. 4. Approval of a 5 percent increase for City Clerk. 5. Approval of a 5 percent increase for the BLW General Manager. 6. Public Safety Committee: Ruben Sands, Chairperson * 20170066 Revisions to MPD Policies Motion to revise the following policies: A030 (Code of Conduct), A044 (Uniforms, Equipment & Departmental Property) & A090 (Court Procedures). 7. Public Works Committee: Grif Chalfant, Chairperson * 20170076 Cemetery Trail Utilities Motion authorizing aerial utility relocations for the Cemetery Trail project. * 20170077 Williams Drive Utility Variance Motion approving variance from the underground utility ordinance, 5-4-160, for utility work shown on the attached letter from Comcast dated January 6, 2017 and Application for Utility Construction Permit project number S1093RH-City AER to service 1787 and 1791 Williams Drive, this motion does not grant a perpetual variance. Comcast must relocate underground at their expense if other utilities at the location are moved underground. * 20170078 Easements on Franklin Gateway Sports Complex Motion to approve the Marietta Power & Water proposed utility easements on Franklin Gateway Sports Complex Property. City of Marietta Page 8 Printed on 2/7/2017 5:34:43PM CITY COUNCIL Meeting Agenda February 8, 2017 * 20161295 Electric Vehicle Charging Stations Motion to approve the installation of the Electric Vehicle Charging Stations at the Franklin Gateway Sports Complex and at the city parking lot near the Root House. OTHER BUSINESS: 20170018 V2017-06 [VARIANCE] TRAVIS MARK WORD RUSHING (CHRISTIAN GRUNER) V2017-06 [VARIANCE] TRAVIS MARK WORD RUSHING (CHRISTIAN GRUNER) is requesting variances for property located in Land Lot 1239, District 16, Parcel 0030, 2nd Section, Marietta, Cobb County, Georgia and being known as 1268 Roswell Road. Ward 7A. 1. Variance to reduce the minimum lot size required for a billboard and automobile sales to 0.83 acres; 2. Variance to waive the requirement that a billboard be regulated as a principal use; 3. Variance to allow a billboard remain located on a lot upon which a building and signage is located; 4. Variance to allow a billboard remain located within 1,000 foot radius of another billboard; 5. Variance to reduce the required setbacks for the existing billboard; 6. Variance to allow an existing billboard remain within 500 feet of a residential zoning district. Motion to table variance request V2017-06, Travis Mark Word Rushing, until the March 8, 2017 Council meeting. 20160762 Charter Amendment related to Municipal Court Judges and Municipal Court Prosecuting Attorney Motion to approve the second 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.” Second Reading. Public Hearing. City of Marietta Page 9 Printed on 2/7/2017 5:34:43PM CITY COUNCIL Meeting Agenda February 8, 2017 * 20170128 GMA District 3 West Officers for 2017-2018 Motion to nominate Michelle Cooper-Kelly, Marietta Mayor Pro tem, as President of the Third District West Region for GMA Board. Requested by Mayor Tumlin. * 20170111 Drainage Easement on 500 Powder Springs St (Golf Course) Motion to approve drainage easements, as shown on the attached plans, on the city golf course for the development of Promenade at the Square (Wynhaven). Minor modifications to the easements may be approved by the City Attorney and the Parks, Recreation, & Facilities Director and Public Works Director. Council member Goldstein disclosed that he and/or his family members have been represented by Kevin Moore and/or his firm. * 20170127 Cobb County Tax Commissioner’s Certification of Agreement Request for approval of the Cobb County Tax Commissioner’s Certification of Agreement related to the disbursement of the Title Ad Valorem Tax (TAVT). 20170157 840 N. Marietta Parkway, 349 and 357 Cobb Parkway N. Motion to authorize the acquisition of property owned by Oaktree Corporation (d/b/a Horsetown) 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. 20170158 732, 734, 750, 770, 780, 790 N. Marietta Parkway Motion to authorize the acquisition of property owned by Emmett L. Burton and Dolores R. Burton 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. City of Marietta Page 10 Printed on 2/7/2017 5:34:43PM CITY COUNCIL Meeting Agenda February 8, 2017 20170114 Disability Termination Appeal Hearing The City Council will hear an appeal from Michael Rigo regarding the Pension Board’s decision to terminate his disability retirement pension retroactive to July 1, 2014. The Pension Board decision to terminate the disability was approved November 21, 2016, by a vote of 8-0-0, with one member absent. * 20170144 BLW Actions of February 6, 2017 Review and approval of the February 6, 2017 actions and minutes of Marietta Board of Lights and Water. UNSCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes. ADJOURNMENT: City of Marietta Page 11 Printed on 2/7/2017 5:34:43PM