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, March 8, 2017 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Stuart Fleming, Ward 1 PLEDGE OF ALLEGIANCE: PRESENTATIONS: 20170254 Recognition of Life University Men’s Rugby Team Recognition of Life University Men’s Rugby Team for volunteering at Kirby Park. PROCLAMATIONS: ANNOUNCEMENTS OF GENERAL COMMUNITY INFORMATION BY THE MAYOR, COUNCIL AND/OR CITY MANAGER: SCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes. 20170252 Scheduled Appearance Scheduled Appearance-David J Mitchell City of Marietta Page 1 Printed on 3/8/2017 4:32:43PM CITY COUNCIL Meeting Agenda March 8, 2017 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: * 20170195 Regular Meeting - February 8, 2017 Review and approval of the February 8, 2017 Regular Meeting minutes. * 20170194 Special Meeting - February 8, 2017 Review and approval of the February 8, 2017 Special Called Meeting minutes. * 20170242 Special Meeting - February 22, 2017 Review and approval of the February 22, 2017 special meeting minutes. * 20170198 Executive Session Minutes Review and approval of the following executive session minutes: March 7, 2016 Agenda Work Session March 30, 2016 Special Called Agenda Work Session April 11, 2016, Agenda Work Session April 27, 2016 Special Call City Council Meeting Council member Goldstein abstaiing on the March 7, 2016 Agenda Work Session minutes MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: ORDINANCES: City of Marietta Page 2 Printed on 3/8/2017 4:32:43PM CITY COUNCIL Meeting Agenda March 8, 2017 20160895 Z2016-28 [REZONING] TULEY & TULEY, INC. Z2016-28 [REZONING] TULEY & TULEY, INC. is requesting the rezoning of approximately 3.0 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. Tabled from the February 8, 2017 City Council meeting. 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 4 3 0. Mr. Bennett, Ms. McCrae and Mr. Hunter opposed. 1. Variance to increase the maximum impervious surface area from 60% to 78% 2. Variance to reduce the minimum lot size from 4,000 sq. ft. to 2,645 sq. ft. 3. Variance to be allowed to keep the existing sidewalks and to waive the requirement for a new 5’ sidewalk and 2’ grass strip. 4. Variance to eliminate the deceleration lane along Barnes Mill Road Public Hearing (all parties are sworn in) City of Marietta Page 3 Printed on 3/8/2017 4:32:43PM CITY COUNCIL Meeting Agenda March 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. Tabled from the February 8, 2017 City Council meeting. The Planning Commission has No 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) 20170083 Z2017-11 [REZONING] CLAIRE EDGINGTON DAVIS Z2017-11 [REZONING] CLAIRE EDGINGTON DAVIS is requesting the rezoning of approximately 0.5 acres located in Land Lot 1234, District 16, Parcel 0400, 2nd Section, Marietta, Cobb County, Georgia, and being known as 553 Waterman Street from CRC (Community Retail Commercial) to R-4 (Single Family Residential - 4 units/acre). Ward 1A. The Planning Commission Recommends Denial. Mr. Diffley made a motion, seconded by Mr. Poor, to recommend denial due to the number of unrelated people at the residence. The motion carried 5 2 0. Chairman Kinney and Mr. Hunter opposed. Public Hearing (all parties are sworn in) City of Marietta Page 4 Printed on 3/8/2017 4:32:43PM CITY COUNCIL Meeting Agenda March 8, 2017 20170084 Z2017-12 [REZONING] TRATON HOMES, LLC (THE FIRST PRESBYTERIAN CHURCH OF MARIETTA, INC) Z2017-12 [REZONING] TRATON HOMES, LLC (THE FIRST PRESBYTERIAN CHURCH OF MARIETTA, INC) is requesting the rezoning of approximately 1 acre located in Land Lot 1159, District 16, Parcels 0490, 2nd Section, Marietta, Cobb County, Georgia, and being known as 249 Cherokee Street from OI (Office Institutional) to PRD-SF (Planned Residential Development - Single Family). Ward 3A. Council member Goldstein disclosed that he and/or his family members have been represented by Kevin Moore and/or his firm. The Planning Commission Recommends Approval as Stipulated. Mr. Poor made a motion, seconded by Mr. Hunter, to recommend approval as submitted including the stipulation letter from Moore Ingram Johnson & Steele dated March 1, 2017. The motion carried 6 1 0. Ms. McCrae opposed. Public Hearing ( all parties are sworn in) RESOLUTIONS: CITY ATTORNEY'S REPORT: * 20170173 Denial of Claim Denial of Claim for Roy and Donna Doane * 20170243 Denial of Claim Denial of Claim for Meghan Kramer, et al. CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: 1. Economic/Community Development: G. A. (Andy) Morris, Chairperson City of Marietta Page 5 Printed on 3/8/2017 4:32:43PM CITY COUNCIL Meeting Agenda March 8, 2017 * 20170156 Cancellation of Cobb County/City of Marietta Community Development Cooperation Agreement Motion to approve the cancellation of the Cobb County/City of Marietta Community Development Cooperation Agreement. * 20170159 CDBG Funds Motion authorizing the reallocation of program year 2016 unspent CDBG funds and reallocation of program year 2017 pending CDBG funds. * 20170166 Franklin Delk Livable Centers Initiative - Five Year Update Motion to approve the Franklin Delk Livable Centers Initiative (LCI) five year plan update with Cobb County changes. 2. Finance/Investment: Stuart Fleming, Chairperson * 20170176 2017 GMA Annual Convention Motion to approve the travel and training expenses for the Mayor and Council members who wish to attend the Georgia Municipal Association (GMA) 2017 Annual Convention in Savannah, GA, June 23 - 27, 2017. 3. Judicial/Legislative: Philip M. Goldstein, Chairperson * 20170064 Forest Hills Historic District Consideration of an ordinance to designate the Forest Hill Historic District. PUBLIC HEARING REQUIRED City of Marietta Page 6 Printed on 3/8/2017 4:32:43PM CITY COUNCIL Meeting Agenda March 8, 2017 * 20170065 Detailed Plan for 1400 Powder Springs Road Motion to approve the detailed plan for Tyler Chandler Homes, including a site plan, tree plan, and building elevations, for the townhome development at 1400 Powder Springs Road with the following stipulations: 1. The developer and subsequent home owners association shall show sufficient budget to install and maintain all private streets within the subdivision, and shall notify all future homeowners in the subdivision regarding this requirement prior to purchase. 2. There shall be a maximum of 20’ horizontally and vertically between architectural fenestration elements (windows, false shutters, change of material, etc. per heated floor space level). This will eliminate large expanses of a single material without a break and add architectural interest to the elevations. Council member Goldstein disclosed that he and/or his family members have been represented by Kevin Moore and/or his firm. 20170163 Revised Detailed Plan - 720, 730, 780 Canton Rd; 899 Cobb Pkwy N Motion to approve the request by Traton Communities to revise the detailed plan, according to the attached plans signed and dated by the applicant, for the following changes: 1. Reduce the required driveway lengths from 20’ to 18’ for driveways not containing sidewalks. Driveways containing sidewalks shall remain 20’ deep. 2. Reduce the deceleration lane entering the development from 37.8’ to 30’ (excluding taper). 3. Eliminate the grass strip between the sidewalk and curb along Canton Road south of the neighborhood entrance only. 4. Reduce the building separation from 20’ to 10’ in four locations: between buildings 1-6 and 7-13; 7-13 and 14-20; 14-20 and 21-27; and 78-84 and 85-90. Council member Goldstein disclosed that he and/or his family members have been represented by Kevin Moore and/or his firm. City of Marietta Page 7 Printed on 3/8/2017 4:32:43PM CITY COUNCIL Meeting Agenda March 8, 2017 4. Parks, Recreation and Tourism: Michelle Cooper Kelly, Chairperson * 20161193 Renaming Gramling Park Motion to rename Gramling Park to the Ronald H Francis Park in recognition of Ronald H. Francis. * 20170061 Franklin Gateway Sports Complex Facility Rental Pricing Motion authorizing the rental rates for the Franklin Gateway Sports Complex. 5. Personnel/Insurance: Johnny Walker, Chairperson * 20170172 Amendment of 2017 City/BLW Pay and Classification Plan and Position Allocation Chart Ordinance approving amendment of the FY2017 City of Marietta/BLW Pay and Classification Plan and Position Allocation Chart to improve Public Works efficiency by downgrading a vacant Fleet Foreperson I position to the position of Mechanic I, eliminating the vacant position of Administrative Assistant I in the Fleet Division, and reclassifying and downgrading the vacant position of Small Engine Mechanic to a new title of Fleet Support Specialist. Additionally, this request includes the addition of the positions of Traffic Engineer and Site Development Engineer, and changes the name of the position of SPLOST Project Manager to Transportation Project Engineer. 6. Public Safety Committee: Ruben Sands, Chairperson 7. Public Works Committee: Grif Chalfant, Chairperson * 20170180 Seminole Place Motion authorizing the installation of an all way stop at the intersection of Seminole Place with Tom Read Drive and no parking zones at the following locations: Frontage of 664, 669, 670, and 675 Tom Read Drive in the curve Both sides of Seminole Place from Mary Lane to Cobb Parkway Requested by Councilmember Michelle Cooper-Kelly Council member Goldstein abstaining * 20170182 Church Street Median Motion approving the raised island extending from Francis Drive to Hillside Drive. Council member Goldstein voting against City of Marietta Page 8 Printed on 3/8/2017 4:32:43PM CITY COUNCIL Meeting Agenda March 8, 2017 * 20170189 Stream Buffer Variance Motion approving the variance from the Stream Buffer Protection ordinance at 287 South Woodland Drive. * 20170202 Sidewalks Motion to allocate $1.4 million of SPLOST sidewalk and multi-use trail funds to the proposed 2018 Sidewalk project. 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 until the April 12, 2017 City Council meeting. * 20170192 Civil Service Board Election Motion approving the Certified Election results for the Marietta Civil Service Board Post 4 vacancy, electing Larry A. Panetta for a term beginning on March 9, 2017 and expiring on December 31, 2019. City of Marietta Page 9 Printed on 3/8/2017 4:32:43PM CITY COUNCIL Meeting Agenda March 8, 2017 20170265 Revised Detailed Plan - Manget Townhome Elevations Motion to approve the townhome elevations submitted by Brock Built Homes in Manget Phase 2 at the request of Councilman Stuart Fleming, with the following stipulation: There shall be a maximum of 20’ horizontally and vertically between architectural fenestration elements (windows, false shutters, change of material, etc. per heated floor space level). This will eliminate large expanses of a single material without a break and add architectural interest to the elevations. * 20170196 BLW Actions of March 6, 2017 Review and approval of the March 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 10 Printed on 3/8/2017 4:32:43PM