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, May 10, 2017 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Johnny Walker, Ward 3 PLEDGE OF ALLEGIANCE: PRESENTATIONS: 20170489 Graduates from the Marietta High School Police Academy Hunter Williamson Elizabeth Patterson Callie Anderson Celia Yuen Madison Martin Logan Mills Grace Dennis Abigale Garvin Amy Atkinson Lorena Luna PROCLAMATIONS: 20170418 Historic Preservation Month Mayor Tumlin presents a Proclamation to David Freedman, Chairman of the Marietta Historic Preservation Commission recognizing May 2017 as Historic Preservation Month in the city of Marietta in conjunction with the celebration of National Historic Preservation Month. ANNOUNCEMENTS OF GENERAL COMMUNITY INFORMATION BY THE MAYOR, COUNCIL AND/OR CITY MANAGER: City of Marietta Page 1 Printed on 5/10/2017 6:04:34PM CITY COUNCIL Meeting Agenda May 10, 2017 SCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes. 20170469 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: * 20170424 Special Meeting - April 6, 2017 Review and approval of the April 6, 2017 Special Meeting minutes. * 20170425 Regular Meeting - April 12, 2017 Review and approval of the April 12, 2017 Regular Meeting minutes. * 20170426 Executive Session Minutes Review and approval of the following executive session minutes: May 20, 2016 Special Called City Council Meeting June 8, 2016 City Council Meeting June 29, 2016 City Council Special Meeting Work Session July 7, 2016 Agenda Work Session July 13, 2016 Agenda Review Session MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: * 20170419 Historic Board of Review Appointment Reappointment of Terry Lee to the Historic Board of Review (Ward 5) for a 2-year term, expiring May 10, 2019. Mr. Lee has served nine (9) years on the Historic Board of Review. City of Marietta Page 2 Printed on 5/10/2017 6:04:34PM CITY COUNCIL Meeting Agenda May 10, 2017 * 20170420 Marietta Development Authority Appointments Reappointment of Steven F. McNeel Post 1, Ed Hammock Post 2 (2-year terms) and John J. Elliott, Jr. Post 4 (4-year term) to the Marietta Development Authority. Mr. McNeel has served eight (8) years, Mr. Hammock has served twenty-two (22) years and Mr. Elliott has served eighteen (18) years on the Marietta Development Authority. ORDINANCES: * 20170308 Z2017-16 [REZONING] COBB EMC (MUST MINISTRIES) Z2017-16 [REZONING] COBB EMC (MUST MINISTRIES) is requesting the rezoning of approximately 1.68 acres located in Land Lot 932, District 16, Parcel 0240, 2nd Section, Marietta, Cobb County, Georgia, and being known as 1280 Field Parkway from CRC (Community Retail Commercial) to LI (Light Industrial). Ward 4B. The Planning Commission recommends approval. Mr. Poor made a motion, seconded by Ms. McCrae, to recommend approval as submitted. The motion carried 6-0-0. Public Hearing (all parties are sworn in) * 20170309 Z2017-17 [REZONING] TORIAN PROPERTIES, LLC (APRIL INGRAHAM) Z2017-17 [REZONING] TORIAN PROPERTIES, LLC (APRIL INGRAHAM) is requesting the rezoning of approximately 2.2 acres located in Land Lot 713, District 17, Parcel 0080, 2nd Section, Marietta, Cobb County, Georgia, and being known as 1405 Franklin Gateway from LI (Light Industrial) to CRC (Community Retail Commercial). Ward 7A. The Planning Commission recommends approval. Mr. Diffley made a motion, seconded by Ms. McCrae, to recommend approval as submitted. The motion carried 6-0-0. Public Hearing (all parties are sworn in) City of Marietta Page 3 Printed on 5/10/2017 6:04:34PM CITY COUNCIL Meeting Agenda May 10, 2017 * 20170321 Z2017-18 [REZONING] TRIDERM PROPERTIES & DEHJS ENTERPRISES (ONESTREET DEVELOPMENT, LLC) Z2017-18 [REZONING] TRIDERM PROPERTIES & DEHJS ENTERPRISES (ONESTREET DEVELOPMENT, LLC) is requesting the rezoning of approximately 2.46 acres located in Land Lot 1014, District 16, Parcels 1060, 1090 and 1120, 2nd Section, Marietta, Cobb County, Georgia, and being known as 900 Campbell Hill Street and 120 & 150 Florence Street from OI (Office Institutional) to RHR (Residential High Rise). Ward 5B. 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. Diffley made a motion, seconded by Mr. Bennett, to recommend approval as submitted with the following stipulation change: The clause from item #7 be changed from “and contain a maximum of one hundred thirteen (113) on site parking spaces” to “and contain a minimum of one hundred thirteen (113) on site parking spaces.” The motion carried 6-0-0. Public Hearing (all parties are sworn in) RESOLUTIONS: CITY ATTORNEY'S REPORT: * 20170472 Denial of Claim Denial of Claim for John Henderson. * 20170486 Denial of Claim Denial of Claim for Mike Morris. CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: 1. Economic/Community Development: G. A. (Andy) Morris, Chairperson 2. Finance/Investment: Stuart Fleming, Chairperson 3. Judicial/Legislative: Philip M. Goldstein, Chairperson City of Marietta Page 4 Printed on 5/10/2017 6:04:34PM CITY COUNCIL Meeting Agenda May 10, 2017 * 20170275 CA2017-06 [CODE AMENDMENT] CA2017-06 [CODE AMENDMENT] Proposal to amend the Comprehensive Development Code of the City of Marietta, Division 720, Board of Zoning Appeals. Council member Goldstein opposed 20170405 CA2017-05 [CODE AMENDMENT] CA2017-05 [CODE AMENDMENT] Proposal to amend Division 708.01, Paragraph D. and E.; Division 708.02, Paragraph D. and E.; Division 708.03, Paragraph D. and E.; Division 708.04, Paragraph D. and E.; Division 708.05, Paragraph D. and E.; Division 708.06, Paragraph D. and E.; Division 708.07, Paragraph D. and E.; Division 708.08, Paragraph D. and E.; Division 708.09, Paragraphs B., D., and E.; Division 708.13, Paragraph F.; Division 710.04, Paragraph H.; Division 712.01, Paragraph A. and TABLE B.; Division 712.02, Paragraph B.; Article 7-8-8-090, Paragraph H.; and Article 7-8-9-070 of the Comprehensive Development Code. 4. Parks, Recreation and Tourism: Michelle Cooper Kelly, Chairperson 5. Personnel/Insurance: Johnny Walker, Chairperson 6. Public Safety Committee: Ruben Sands, Chairperson 7. Public Works Committee: Grif Chalfant, Chairperson * 20170086 Driver Speed Feedback Signs Motion authorizing the installation of the following driver speed feedback signs: 2 signs on Wood Valley Drive between Wysteria and Walnut 2 signs on Roselane Street between Lacy Street and Sessions Street 2 signs on Ector Chase 1 sign on Chicopee Drive * 20170408 Downtown Dumpsters Motion authorizing the relocation of the two waste dumpsters on Hansel Street to Dobbs Street between Cherokee Street and Waddell Street. Also, authorizing the replacement of all recycling roll carts on Root Street and Hansel Street with waste roll carts. Council member Goldstein abstaining City of Marietta Page 5 Printed on 5/10/2017 6:04:34PM CITY COUNCIL Meeting Agenda May 10, 2017 * 20170409 Etowah Dr. and Kennestone Dr. Intersection Motion authorizing the installation of a 3 way stop at the intersection of Etowah Drive and Kennestone Drive. * 20170413 FY2018 Transportation Improvement Program Grant Application Resolution expressing commitment to provide matching funds for federal grant applications. * 20170310 Kennesaw Mountain Pedestrian Improvements Motion approving an Intergovernmental Agreement with Cobb County for the Burnt Hickory Road Trail Project. * 20170434 68 North Marietta Parkway Utilities Request for variance from the Underground Utilities Ordinance. Council member Goldstein disclosed that he has an ownership interest in 44 Mill Street, 103 Denmead Street and an easement across the front of 68 North Marietta Parkway. Motion to Table the request for variance from the Underground Utilities Ordinance for property at 68 North Marietta Parkway. Council member Goldstein abstaining OTHER BUSINESS: * 20170345 Marietta Museum of History’s Collection Motion approving the request from the Marietta Museum of History for the permanent removal of items from its collection. Council member Goldstein disclosed that he is a member of the Marietta Museum of History. City of Marietta Page 6 Printed on 5/10/2017 6:04:34PM CITY COUNCIL Meeting Agenda May 10, 2017 * 20170484 Denmead Street In anticipation of waiver of underground ordinance for “Food Court”, to install street lights on the utility poles currently without lights along the City owned street bed of Denmead St. and also upon the utility poles running west to east from Loop at City parking lot’s southerly border to the Utility pole servicing proposed Food Court. Simultaneously for a temporary location, acknowledging anticipated curb cuts and access through City owned Denmead property for Chick Fil A, convert Northerly portion of Denmead St. bed north of said anticipated curb cut into a bike rack area with a temporary, but appropriate open shed for bikers and bikes. Requested by Mayor Tumlin Council member Goldstein disclosed that he has an ownership interest in 44 Mill Street, 103 Denmead Street and an easement across the front of 68 North Marietta Parkway. Council member Goldstein abstaining * 20170488 Marietta Square Improvements For January 2018 implementation, to design and improve and construct to the West side of the square from Mill to Whitlock with sidewalk widening with streetscape and trees comparable with the North Side of the Square. The design change to incorporate necessary Street/Traffic adaptation and further to convert 16 of the parking spaces adjacent to Glover Park into those being reserved and limited for transportation/circular purposes and parking such as Horse and Carriage, pedicab, Uber, taxi, possible Trolley, and Valet Parking assemblage, etc. so as to make accessible to all parts of the square not just North side. Said designated use be reserved from 5 PM to Midnight, Monday evening through Saturday evening each week (regular parking during day and Sunday.) Project to be funded by allowable capital expenditures from Car Rental tax for tourism purposes which allocation discussion for 2018 is forthcoming. Request by Council Member Walker and Mayor Tumlin Council member Goldstein disclosed that he, his family members and/or entities that he owns or have an interest in, own property in the Central Business District (CBD). Council member Goldstein abstaining City of Marietta Page 7 Printed on 5/10/2017 6:04:34PM CITY COUNCIL Meeting Agenda May 10, 2017 20170491 Charter Amendment Motion to authorize the advertisement in order to conduct two public hearings in order to amend Section 2.4 of the Charter of the City of Marietta related to term limits, date of election, and other provisions within the City of Marietta. The wording shall be consistent with the Charter Amendment approved by the voters in the non-binding referendum, held on November 8, 2016 within the City of Marietta. The Charter Amendment proposal was forwarded to the Cobb Delegation and the Georgia State Legislature but no action was taken on the matter during the 2017 legislative session. Requested by Mayor Tumlin * 20170461 MEAG Power Annual Meeting Motion to approve travel expenses for Council members who wish to attend the 2017 MEAG Power Annual Meeting July 10-12, 2017 in Amelia Island, Florida. This motion also includes the City Attorney. Requested by Council Member Morris * 20170493 MEAG Power Annual Meeting Voting Delegates Motion to appoint Stuart Fleming as the voting delegate and Ron Mull as the alternate voting delegate for the 2017 MEAG Power Annual Meeting to be held July 2017 in Amelia Island, Florida. * 20170462 Election of District 3 West Officers for 2017-2018 Motion to approve the slate of officers for the GMA’s District 3 West Officers for the 2017-2018 year and authorizing to submit the attached ballet. Requested by Council Member Goldstein * 20170427 BLW Actions of May 8, 2017 Review and approval of the May 8, 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 8 Printed on 5/10/2017 6:04:34PM CITY COUNCIL Meeting Agenda May 10, 2017 City of Marietta Page 9 Printed on 5/10/2017 6:04:34PM