CITY COUNCIL

City of Marietta 205 Lawrence Street 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, October 11, 2017 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Stuart Fleming, Ward 1 PLEDGE OF ALLEGIANCE: PRESENTATIONS: 20170881 Graduates from the Citizens’ Police Academy Presentation of the Citizens’ Police Academy graduating class. 20170935 New Public Safety Ambassadors Chief Flynn introducing the New Public Safety Ambassadors. 20170884 2017 Public Power/Clean Water Week Poster Contest Winners Michael Musser from Marietta Water with the assistants from the Marietta Blue Devils Football players and cheerleaders will be presenting the winners of the 2016 Clean Water/Public Power Week poster contest winners. City of Marietta Page 1 Printed on 10/10/2017 1:58:02PM CITY COUNCIL Meeting Agenda October 11, 2017 20170883 Fire Prevention Week Poster Contest Winners Fire Department recognizing the 3rd grade students from each of the city schools, who are the winners of the Fire Prevention Week poster contest and will announce the Grand Prize Winner. PROCLAMATIONS: 20170882 2017 Proclamation for Fire Prevention Week Mayor Steve Tumlin presents a Proclamation to Chief Jackie Gibbs to proclaim the week of October 8-14, 2017, as Fire Prevention Week, and thus promote developing a safety plan that includes the use of smoke alarms, residential fire sprinkler installations and maintenance, as well as a home fire inspection plan to aid in preventing and limiting home fires. ANNOUNCEMENTS OF GENERAL COMMUNITY INFORMATION BY THE MAYOR, COUNCIL AND/OR CITY MANAGER: SCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes. 20170957 Scheduled Appearance Scheduled Appearance - Omega Psi Phi Fraternity, Inc., Chi Gamma Gamma Chapter 20170924 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: * 20170794 Regular Meeting - August 9, 2017 Review and approval of the August 9, 2017 regular meeting minutes. City of Marietta Page 2 Printed on 10/10/2017 1:58:02PM CITY COUNCIL Meeting Agenda October 11, 2017 * 20170919 Regular Meeting - September 13, 2017 Review and approval the September 13, 2017 regular meeting minutes. * 20170921 Executive Session Minutes Review and approval of the following executive session minutes: November 7, 2016 City Council Meeting November 30, 2016 City Council Special Called Meeting January 11, 2017 Agenda Review Session MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: * 20170901 Marietta Development Authority Reappointment Reappointment of Sterling G. Wharton to the Marietta Development Authority (Post 3) for a term of four (4) years expiring October 11, 2021. ORDINANCES: * 20170816 Z2017-24 [REZONING] MARK A. & NANCY A. LEWIS Z2017-24 [REZONING] MARK A. & NANCY A. LEWIS are requesting the rezoning of 1.08 acres located in Land Lots 288 & 289, District 20, Parcels 1000 & 0980, 2nd Section, Marietta, Cobb County, Georgia, and being known as 440 and 460 Davis Carnes Lane from R-20 (Cobb County - Single Family Residential) to R-2 (City - Single Family Residential 2 units/acre). Ward 4C. Council member Walker disclosed that he has property for sale on Davis Carnes Lane, with the owners being Mark and Nancy Lewis. The Planning Commission recommends Approval. Mr. Diffley made a motion, seconded by Mr. Poor, to recommend approval as submitted. The motion carried 7 0 0. Public Hearing (all parties are sworn in) Council member Walker abstaining. City of Marietta Page 3 Printed on 10/10/2017 1:58:02PM CITY COUNCIL Meeting Agenda October 11, 2017 * 20170817 A2017-02 [ANNEXATION] MARK A. & NANCY A. LEWIS A2017-02 [ANNEXATION] MARK A. & NANCY A. LEWIS requesting the annexation of property located in Land Lots 288 & 289, District 20, Parcels 1000 & 0980 (also known as 440 and 460 Davis Carnes Lane) and all required right of way, of the 2nd Section, Cobb County, Georgia consisting of 1.08 acres. Ward 4C. Council member Walker disclosed that he has property for sale on Davis Carnes Lane, with the owners being Mark and Nancy Lewis. The Planning Commission recommends Approval. Mr. Diffley made a motion, seconded by Mr. Poor to recommend approval as submitted. The motion carried 7 0 0. Public Hearing (all parties are sworn in) Council member Walker abstaining. * 20170818 CA2017-07 [CODE AMENDMENT] CA2017-07 [CODE AMENDMENT] In conjunction with the requested annexation of property in Land Lot 289, District 20, Parcels 1000 & 0980, 2nd Section, Marietta, Cobb County, Georgia, and being known as 440 and 460 Davis Carnes Lane, the City of Marietta proposes to designate the Future Land Use of said property as LDR (Low Density Residential). Ward 4C. Council member Walker disclosed that he has property for sale on Davis Carnes Lane, with the owners being Mark and Nancy Lewis. The Planning Commission recommends Approval. Mr. Poor 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) Council member Walker abstaining. City of Marietta Page 4 Printed on 10/10/2017 1:58:02PM CITY COUNCIL Meeting Agenda October 11, 2017 20170820 Z2017-26 [REZONING/SPECIAL LAND USE PERMIT] MARSHA & ROBERT SOUDERS (WASTETECH, LLC) Z2017-26 [REZONING/SPECIAL LAND USE PERMIT] MARSHA & ROBERT SOUDERS (WASTETECH, LLC) are requesting the rezoning of approximately 0.3 acres located in Land Lot 359, District 17, Parcel 0030, 2nd Section, Marietta, Cobb County, Georgia, and being known as 555 Manget Street from LI (Light Industrial) to HI (Heavy Industrial), with a Special Land Use Permit for uses associated with garbage handling. Ward 1A. · Variance to reduce the minimum lot size from 40,000 sq. ft. to 13,000 sq. ft. [§708.27 (H.)] The Planning Commission recommends Approval as Stipulated. Chairman Kinney made a motion, seconded by Mr. Diffley, to recommend that the property be rezoned to LI (Light Industrial) with an additional use to allow truck parking and a Special Land Use Permit (SLUP) for uses associated with garbage handling to expire in three (3) years. The motion carried 6 1 0. Mr. Davis opposed. Public Hearing (all parties are sworn in) RESOLUTIONS: CITY ATTORNEY'S REPORT: * 20170925 Denial of Claim Denial of Claim for Shardul and Shubhangi Kulkarni. * 20170956 Denial of Claim Denial of Claim for Michael Shelton as Personal Representative of the Estate of Dessie Mae King. CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: 1. Economic/Community Development: G. A. (Andy) Morris, Chairperson 2. Finance/Investment: Stuart Fleming, Chairperson City of Marietta Page 5 Printed on 10/10/2017 1:58:02PM CITY COUNCIL Meeting Agenda October 11, 2017 3. Judicial/Legislative: Philip M. Goldstein, Chairperson * 20170888 Final Plat - Marvelle Motion to approve the final plat for Marvelle, formerly Boston Homes. The following changes reflected on the final plat, which are not shown on the approved detailed plans, shall also constitute detailed plan approval: 1. The five parallel spaces along Washington Avenue shall be converted to a right-turn lane. 2. Jensmith Avenue shall become one-way (eastbound). Council member Goldstein abstaining. * 20170889 Adoption of the City of Marietta 2017 Comprehensive Plan Update Final approval of the City of Marietta 2017 Comprehensive Plan Update. 4. Parks, Recreation and Tourism: Michelle Cooper Kelly, Chairperson * 20170890 Land and Water Conservation Fund (LWCF) Grant Application for Wildwood Park A resolution approving the submission of a LWCF grant application to resurface the trails in Wildwood Park; and, committing matching funds of 50% from the 2009 Parks Bond Fund from Category B, Parks Improvements, should the grant be awarded. * 20170907 Joint Project at City Club, Marietta, Between Lennar Georgia, Inc., and the City of Marietta to be Performed by Weaver Grading and Hauling to Facilitate Improvements to the Driving Range. Approval of a motion authorizing a temporary grading easement agreement between the City of Marietta and Lennar GA, Inc for placement of dirt on the driving range at City Club, Marietta for the mutual benefit of both parties. 5. Personnel/Insurance: Johnny Walker, Chairperson 6. Public Safety Committee: Ruben Sands, Chairperson City of Marietta Page 6 Printed on 10/10/2017 1:58:02PM CITY COUNCIL Meeting Agenda October 11, 2017 * 20170857 Revisions to MPD Policies Motion to approve the following Marietta Police Department Policies: A044 (Uniforms, Equipment & Departmental Property), A070 (Departmental Forms & Reports), A072 (Departmental Records), P012 (Public Safety Ambassador Unit) & P025 (Mental Illness). 7. Public Works Committee: Grif Chalfant, Chairperson * 20170885 DMDA Request for Authorization of Valet Service for November and December Motion to approve valet services for the months of November and December. City Council authorization would be required to utilize City right-of-way. 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). * 20170892 Barrett Heights Speed Limit Motion establishing the speed limit for all streets within Barrett Heights Subdivision including Stone Bridge Run, Stone Bridge Drive, Stone Bridge Way, and Stone Bridge Lane at 25 mph with the installation of a single speed limit sign and accompanying supplementary signs stating “Neighborhood” and “Unless Otherwise Posted.” * 20170960 Cherokee Street and Canton Road Underground Utilities Variance Motion Authorizing variance from the Underground Utilities Ordinance to replace one existing pole with a self-supporting pole on Cherokee Street, install one new pole on Canton Road, and relocate aerial service lines currently following and crossing Cherokee Street to follow and cross Canton Road. 20170893 Waterman Street Underground Utilities Variance Motion approving a variance from the underground utilities ordinance to allow the replacement of one wooden utility pole on Jackson Circle with a self-supporting pole and to temporarily install oneself supporting pole on Waterman Street so that utilities can be placed underground for safety reasons. OTHER BUSINESS: City of Marietta Page 7 Printed on 10/10/2017 1:58:02PM CITY COUNCIL Meeting Agenda October 11, 2017 20170799 Appeal from Cameron Fitch-357 Polk Street Cameron Fitch to appeal the Public Works decision to deny help with the wall at 357 Polk Street associated with the Administrative Policy 6. * 20170958 175 South Marietta Parkway Electrical Facility Easement Motion authorizing an electric facility easement for the use of property at 175 South Marietta Parkway; Tax Parcel 16123101520 for Marietta Board of Lights and Water. Council member Goldstein disclosed that he owns property adjacent to the request easement. * 20170922 Intergovernmental Agreements with Cobb County Motion to re-certify Intergovernmental Agreements between the City of Marietta and Cobb County relating to HB489 Service Delivery and Land Use and county millage rates within Cobb Cities; and authorizing for the Mayor to sign said documents. * 20170937 Denmead Street Extension Motion to authorize the City Attorney and staff to commence, process and pursue the filing of an eminent domain petition to acquire property to complete the Denmead Street Extension per the attached legal description attached as Exhibit A and incorporated herein by reference and to take any other action necessitated to complete same. Council member Goldstein disclosed that he owns part of the property that is the subject of this discussion and he and his mother own property on both sides of Denmead Street. Council member Goldstein abstaining. City of Marietta Page 8 Printed on 10/10/2017 1:58:02PM CITY COUNCIL Meeting Agenda October 11, 2017 * 20170938 72 Waverly Way - Condemnation Settlement Motion to approve settlement agreement between the City of Marietta and Herbert S. Goldstein in order to settle condemnation No. 13-1-0580-99 regarding property known as 72 Waverly Way being a temporary construction easement in favor of the City of Marietta. The settlement amount shall be $6,121.00 subject to the approval of the final settlement documentation by the City Attorney, City Manager and Director of Public Works. Council member Goldstein disclosed that his father, Herbert S. Goldstein, owns the property at 72 Waverly Way. Council member Goldstein abstaining. * 20170920 BLW Actions of October 9, 2017 Review and approval of the October 9, 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 9 Printed on 10/10/2017 1:58:02PM