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, July 12, 2017 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Ruben Sands, Ward 5 PLEDGE OF ALLEGIANCE: PRESENTATIONS: 20170663 Presentation to Council Member Michelle Cooper Kelly Presentation of the Certificate of Recognition through the Harold F Holtz Municipal Training Institute to Council Member Michelle Cooper Kelly by the Carl Vinson Institute of Government and the Georgia Municipal Association. PROCLAMATIONS: ANNOUNCEMENTS OF GENERAL COMMUNITY INFORMATION BY THE MAYOR, COUNCIL AND/OR CITY MANAGER: SCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes. 20170648 Scheduled Appearance Scheduled Appearance - Larry Wills City of Marietta Page 1 Printed on 7/11/2017 1:03:05PM CITY COUNCIL Meeting Agenda July 12, 2017 20170671 Scheduled Appearance Scheduled Appearance - Don Barth 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: * 20170657 Regular Meeting - June 14, 2017 Review and approval of the June 14, 2017 regular meeting minutes. MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: * 20170632 Board of Zoning Appeals Appointment (Ward 6) Reappointment of Bobby Van Buren to the Board of Zoning Appeals (Ward 6), for a term of three (3) years. Mr. Van Buren has served three (3) years on the Board of Zoning Appeals. ORDINANCES: 20170240 Z2017-14 [REZONING] A. CURTIS DANIEL Z2017-14 [REZONING] A. CURTIS DANIEL is requesting the rezoning of approximately 6.99 acres located in Land Lot 867, District 16, Parcels 0010 & 0030, 2nd Section, Marietta, Cobb County, Georgia, and being known as 1765 & a portion of 1785 White Circle from OS (Office Services) to R-2 (Single Family Residential - 2 units/acre). Ward 4B. 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. Davis, to recommend approval as submitted subject to the stipulation letter from Moore Ingram Johnson & Steele, dated June 29, 2017. The motion carried 5 0 0. Public Hearing (all parties are sworn in) City of Marietta Page 2 Printed on 7/11/2017 1:03:05PM CITY COUNCIL Meeting Agenda July 12, 2017 20170455 Z2017-19 [REZONING] JEREMY RUTENBERG & ASSOCIATES, INC. Z2017-19 [REZONING] JEREMY RUTENBERG & ASSOCIATES, INC. is requesting the rezoning of 1.4 acres located in Land Lots 1014 & 1003, District 16, Parcels 0290 & 0250, 2nd Section, Marietta, Cobb County, Georgia, and being known as 223 & 271 White Street from OI (Office Institutional) and R-2 (Single Family Residential - 2 units / acre) to PRD-SF (Planned Residential Development - Single Family). Ward 4B. 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. Davis made a motion, seconded by Mr. Hunter, to recommend approval as submitted subject to the stipulation letter from Moore Ingram Johnson & Steele, dated June 27, 2017. The motion carried 4 1 0. Ms. McCrae opposed. Public Hearing (all parties are sworn in) 20170555 Z2017-20 [REZONING] TRAVIS RUSHING (KEITH CRISTAL) Z2017-20 [REZONING] TRAVIS RUSHING (KEITH CRISTAL) is requesting the rezoning of approximately 0.94 acres located in Land Lot 1239, District 16, Parcel 0030, 2nd Section, Marietta, Cobb County, Georgia, and being known as 1268 Roswell Road from CRC (Community Retail Commercial) to LI (Light Industrial). Ward 7A. Councilman Goldstein disclosed his business relationship with Keith Crystal, who leases property on Atlanta Street from Herbert S. Goldstein Family Limited Partnership. Councilman Goldstein is a general partner and partial owner of the partnership and conservator of his father’s interest. The remaining ownership is among Councilman Goldstein family members. The Planning Commission recommends approval as stipulated. Mr. Davis made a motion, seconded by Mr. Diffley, to recommend approval of a zoning change from CRC (Community Retail Commercial) to CRC (Community Retail Commercial) with additional use of vehicle parking. The motion carried 4 0 1. Mr. Hunter abstained. Public Hearing (all parties are sworn in) RESOLUTIONS: CITY ATTORNEY'S REPORT: City of Marietta Page 3 Printed on 7/11/2017 1:03:05PM CITY COUNCIL Meeting Agenda July 12, 2017 * 20170634 Denial of Claim Denial of Claim for Alexandria M. Horton. CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: 1. Economic/Community Development: G. A. (Andy) Morris, Chairperson * 20170622 Waterman Streetscape Funding Allocation Motion to approve the Waterman streetscape funding allocation. * 20170598 CDBG 2017 Final Allocations Motion of the approval for the CDBG 2017 Final Allocations. 2. Finance/Investment: Stuart Fleming, Chairperson 20170608 Donation to the Tree Preservation Fund - Jim Ellis Audi (1141 Cobb Pkwy S) Ordinance approving an amendment to Fiscal Year 2017 Tree Preservation Fund budget to receive and appropriate a donation in the amount of $14,844.50 from the development of Jim Ellis Audi at 1141 Cobb Parkway South. 3. Judicial/Legislative: Philip M. Goldstein, Chairperson * 20161170 Hospital Overlay Motion to authorize staff to advertise an amendment to Section 708.23, Office Institutional, Paragraph B, and the addition of Section 712.12, Hospital Overlay District, to Division 712, Supplementary Use Regulations. Council Member Kelly disclosed that she serves on the WellStar Kennestone Regional Board. Motion to Table until the August 12, 2017 City Council meeting, with a town hall to be held on July 17, 2017. Council member Morris voting against City of Marietta Page 4 Printed on 7/11/2017 1:03:05PM CITY COUNCIL Meeting Agenda July 12, 2017 4. Parks, Recreation and Tourism: Michelle Cooper Kelly, Chairperson * 20170605 Funding for a “History Themed” Tourism Video from Tourism Funds Motion to allocate $12,000 from remaining tourism funds to create and market a “History themed” tourism video featuring the Marietta Museum of History, Marietta’s Gone with The Wind Museum, Marietta/Cobb Museum of Art, Old Zion Heritage Museum, Marietta Fire Museum, and the Root House Museum. Council member Goldstein disclosed that he is an owner of and a general partner for the Herbert S. Goldstein Family Limited Partnership that owns the Earl Strand Theater at 115-119 North Park Square, Marietta GA. The tenant is Friends of the Strand, Inc. Council member Goldstein also owns the property occupied by and leased to Lyric Theater at West Anderson Street. Council member Goldstein abstains on and will not participate on allocation of funds to the above two (2) entities. Council member Goldstein is or has been a member of: Friends of Brumby Hall, Inc., Cobb Landmarks and Historical Society, Inc., Marietta-Cobb Museum of Art, member or participant of Marietta Square Branding Project, Inc; and the Marietta Museum of History. Council member Goldstein disclosed that the New Theatre in the Square [applicant (Actors Theatre of Georgia)] is an occupant/tenant is a building he owns. Georgia Metro Dance Theatre is an occupant/tenant in a building PMG Whitlock, LLC owns. Philip M. Goldstein owns PMG Whitlock, LLC. Council member Walker serves on the Friends of Brumby Hall Board. Council member Goldstein abstaining * 20170612 Donation of Sunscreen Dispensers Motion to allow the JRD Foundation to donate sunscreen dispensers to the City for installation at the entrances to Glover Park and possible future installations at other City parks. 5. Personnel/Insurance: Johnny Walker, Chairperson * 20170609 Amendment of 2018 City/BLW Pay and Classification Plan and Position Allocation Chart Ordinance amending the FY2018 City of Marietta/BLW Pay and Classification Plan and Position Allocation Chart to add up to ten (10) full-time Public Safety Ambassadors based on cost. City of Marietta Page 5 Printed on 7/11/2017 1:03:05PM CITY COUNCIL Meeting Agenda July 12, 2017 6. Public Safety Committee: Ruben Sands, Chairperson 7. Public Works Committee: Grif Chalfant, Chairperson * 20170615 Canton Road Utilities Variance Motion authorizing the installation of one additional power pole in the vicinity of 720 Canton Road in line with existing overhead pole line. No new overhead wires are permitted as part of this variance. * 20170616 250 Howard Street Utilities Motion authorizing the installation of one additional power pole at 250 Howard Street in line with existing overhead pole line. No new overhead wires are permitted as part of this variance. * 20170617 Chestnut Hill Road Utility Relocations Motion authorizing the relocation of utility poles and existing connected utility lines along the Chestnut Hill Road frontage of 838 and 848 Powder Springs Street. No new overhead wires are permitted as part of this variance. * 20170618 900 Whitlock Avenue Right of Way Motion accepting the donation of right of way at 900 Whitlock Avenue from LED Hickory Investors, LLC. And RaceTrac Petroleum, Inc. OTHER BUSINESS: 20170491 Charter Amendment Related to Elections; Term of Office, Starting with Terms of Office After January 1, 2026 Motion to approve the second reading of an Amendment to the Charter for City of Marietta amending Section 2.4 entitled Elections; Terms of Office, starting with terms of office after January 1, 2026. Second Reading Public Hearing. City of Marietta Page 6 Printed on 7/11/2017 1:03:05PM CITY COUNCIL Meeting Agenda July 12, 2017 20170683 675 Powder Springs Street Motion authorizing acquisition of a portion of property and easements at 675 Powder Springs Street from Virginia Hemmer Cunningham for the purpose of constructing the Powder Springs Streetscape- Sandtown Rd. to S. Marietta Parkway Project in exchange for $1,684.00 and the stipulations below: 1. The City of Marietta will put back or replace the mailbox as permitted by USPS. 20170684 678 Powder Springs Street Motion authorizing acquisition of a portion of property and easements at 678 Powder Springs Street from E & E Empire, LLC for the purpose of constructing the Powder Springs Streetscape - Sandtown Rd to S Marietta Parkway Project in exchange for $2,300.00. 20170685 682 Powder Springs Street Motion authorizing acquisition of a portion of property and easements at 682 Powder Springs Street from Willis Whitfield Decker, Jr. Trust for the purpose of constructing the Powder Springs Streetscape - Sandtown Rd to S Marietta Parkway Project in exchange for $19,500.00. 20170686 690 Powder Springs Street Motion authorizing acquisition of a portion of property and easements at 690 Powder Springs Street from Ho Ah, Inc. (Minho Jeon) for the purpose of constructing the Powder Springs Streetscape - Sandtown Rd to S Marietta Parkway Project in exchange for $22,000.00 and stipulations as listed below: 1. If it is determined that the sign is impacted by construction, the City will compensate the property owner based on reasonable replacement quotes provided by the owner for a new sign meeting city ordinances. 20170687 701 Sandtown Road Motion authorizing acquisition of a portion of property and easements at 701 Sandtown Road from Sue Bishop Davis for the purpose of constructing the Powder Springs Streetscape - Sandtown Rd to S Marietta Parkway Project in exchange for $9,200.00 and stipulations as listed below. 1. If it is determined that the sign is impacted by construction, the City will compensate the property owner based on reasonable replacement quotes provided by the owner for a new sign meeting city ordinances. City of Marietta Page 7 Printed on 7/11/2017 1:03:05PM CITY COUNCIL Meeting Agenda July 12, 2017 * 20170656 BLW Actions of July 6, 2017 Review and approval of the July 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 8 Printed on 7/11/2017 1:03:05PM