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, November 8, 2017 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Grif Chalfant, Ward 2 PLEDGE OF ALLEGIANCE: PRESENTATIONS: 20171065 Marietta High School Girls Cross Country Recognition of the Marietta High School Girls Cross Country team for being State Champions. 20171068 2017/2018 Marietta High School Basketball Teams Introduction of the 2017/2018 Marietta High School Basketball Girls & Boys Teams 20171050 Marietta TravelSafely App City of Marietta recognized by the Intelligent Transportation Society of Georgia (ITS Georgia) with the 2017 Innovation: Outside the Box Award for the Marietta TravelSafely App. City of Marietta Page 1 Printed on 11/8/2017 1:30:41PM CITY COUNCIL Meeting Agenda November 8, 2017 20171066 Marietta Fire Chief Jackie Gibbs Recognition of the Marietta Fire Chief Jackie Gibbs as he retires with over 40 years of dedicated service to the citizens of the City of Marietta. PROCLAMATIONS: ANNOUNCEMENTS OF GENERAL COMMUNITY INFORMATION BY THE MAYOR, COUNCIL AND/OR CITY MANAGER: SCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes. 20171001 Scheduled Appearance Scheduled Appearance - Philip Zorn 20171049 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: * 20171016 Regular Minutes - October 11, 2017 Review and approval of the October 11, 2017 regular meeting minutes. * 20171039 Executive Session Minutes Review and approval of the following executive session minutes: August 31, 2016 City Council Special Called Meeting September 12, 2016 Agenda Review Session February 6, 2017 Agenda Work Session March 8, 2017 City Council Meeting MAYOR’S APPOINTMENTS: (for informational purposes only) City of Marietta Page 2 Printed on 11/8/2017 1:30:41PM CITY COUNCIL Meeting Agenda November 8, 2017 CITY COUNCIL APPOINTMENTS: * 20170994 Marietta Museum of History Appointment(s) Motion to approve a recommendation by the Museum of History Board to appoint Melanie Crissy, Jane Glover Hawkins, Michael Thomas, Len Thompson and James Suss to the Board of Directors for a term of 3-years expiring October 31, 2020. * 20170995 Marietta Museum of History Reappointment(s) Motion to approve a recommendation by the Museum of History Board to reappoint Pam Freeman, Beth Briscoe Graham, James Hudgins, Denise Flynn, Mark Morgan and Guy Northcutt to the Board of Directors for a term of 3-years expiring October 31, 2020. ORDINANCES: * 20170895 Z2017-27 [REZONING] RYAN & KIMBERLY DREW BOWMAN Z2017-27 [REZONING] RYAN & KIMBERLY DREW BOWMAN are requesting the rezoning of 0.57 acres located in Land Lots 288 & 289, District 20, Parcel 0260, 2nd Section, Marietta, Cobb County, Georgia, and being known as 430 Davis Carnes Lane from R-20 (Cobb County - Single Family Residential) to R-2 (City - Single Family Residential 2 units/acre). Ward 4C. The Planning Commission Recommends Approval. Mr. Poor 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) * 20170896 A2017-03 [ANNEXATION] RYAN & KIMBERLY DREW BOWMAN A2017-03 [ANNEXATION] RYAN & KIMBERLY DREW BOWMAN requesting the annexation of property located in Land Lots 288 & 289, District 20, Parcel 0260 (also known as 430 Davis Carnes Lane) and all required right of way, of the 2nd Section, Cobb County, Georgia consisting of 0.57 acres. Ward 4C. The Planning Commission Recommends Approval. Mr. Poor made a motion, seconded by Mr. Davis 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 11/8/2017 1:30:41PM CITY COUNCIL Meeting Agenda November 8, 2017 * 20170897 CA2017-09 [CODE AMENDMENT] CA2017-09 [CODE AMENDMENT] In conjunction with the requested annexation of property in Land Lots 288 & 289, District 20, Parcel 0260, 2nd Section, Marietta, Cobb County, Georgia, and being known as 430 Davis Carnes Lane, the City of Marietta proposes to designate the Future Land Use of said property as LDR (Low Density Residential). Ward 4C. The Planning Commission Recommends Approval. Mr. Diffley 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 11/8/2017 1:30:41PM CITY COUNCIL Meeting Agenda November 8, 2017 * 20170898 Z2017-28 [SPECIAL LAND USE PERMIT] COBB COUNTY Z2017-28 [SPECIAL LAND USE PERMIT] COBB COUNTY is requesting a Special Land Use Permit for a place of assembly for counseling services, zoned R-4 (Single Family Residential - 4 units/acre), located in Land Lot 1161, District 16, Parcel 0540, 2nd Section, Marietta, Cobb County, Georgia, and being known 397 Roosevelt Circle. Ward 5A. The following stipulations are incorporated as conditions of approval for the Special Land Use Permit: The letter dated August 2, 2017 from Rev. Eric Beckham, Senior Pastor of Zion Baptist Church, regarding the Roosevelt Circle Project shall be incorporated as a condition of approval. There shall be no on-street parking allowed along Roosevelt Circle, either by the staff or clients of the facility. Stipulations: The following variances are incorporated as conditions of zoning: 1. Reduce the front yard setback from 75’ to 53’. 2. Reduce the side yard setback along the western property line from 75’ to 9’11”. 3. Reduce the side yard setback along the eastern property line from 75’ to 13’8”. 4. Reduce the rear yard setback along the rear property line from 75’ to 43’. 5. Variance to increase the allowable impervious surface area from 50% to 81%. 6. Variance to reduce the width of a two-way, commercial drive from 20’ to 10.’ 7. Variance to reduce parking stall dimensions from 9’ x 20’ to 8’ x 18.’ 8. Reduce the required number of parking spaces for a medical office from 11 to 8. 9. Variance to waive the 5’ buffer and wall/fence or screening vegetation adjacent to the abutting residential property. 10. Variance to eliminate the 10’ planted border area; and to be allowed to provide the required street trees (3” caliper large canopy trees planted one every 30 feet) in the city right of way, with the stipulation that the owner be responsible for maintenance of the trees. The Planning Commission Recommends Approval as submitted, including the Stipulations recommended by staff. Mr. Diffley made a motion, seconded by Mr. Davis to recommend approval as submitted, including the stipulations recommended by staff. The motion carried 7 0 0. Public Hearing (all parties are sworn in) City of Marietta Page 5 Printed on 11/8/2017 1:30:41PM CITY COUNCIL Meeting Agenda November 8, 2017 20170905 Z2017-30 [REZONING] JOSEPH H. HOWARD Z2017-30 [REZONING] JOSEPH H. HOWARD is requesting the rezoning of approximately 0.3 acres located in Land Lot 1159, District 16, Parcel 0090, 2nd Section, Marietta, Cobb County, Georgia, and being known as 289 Church Street from OI (Office Institutional) to R-4 (Single Family Residential - 4 units/acre). Ward 4B. The Planning Commission Recommends Approval. Ms. McCrae 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) * 20170801 CA2017-08 [CODE AMENDMENT] CA2017-08 [CODE AMENDMENT] Proposal to amend the Comprehensive Development Code of the City of Marietta, Division 722.04, Planning Commission Action. The Planning Commission Recommends Approval. Mr. Diffley made a motion, seconded by Mr. Davis, to recommend approval as submitted. The motion carried 7 0 0. Public Hearing (all parties are sworn in) RESOLUTIONS: CITY ATTORNEY'S REPORT: * 20170993 Denial of Claim Denial of Claim for Joshua Phillips. * 20171048 Denial of Claim Denial of Claim for Roswell Street Baptist Church. * 20171061 Denial of Claim Denial of Claim for Tamesha Pryce. CITY MANAGER'S REPORT: MAYOR'S REPORT: City of Marietta Page 6 Printed on 11/8/2017 1:30:41PM CITY COUNCIL Meeting Agenda November 8, 2017 COMMITTEE REPORTS: 1. Economic/Community Development: G. A. (Andy) Morris, Chairperson * 20170996 2018 Livable Centers Initiative (LCI) Study Grant Application Approval of the resolution for the submission of a 2018 LCI Study application to conduct a major update to the Envision LCI Plan and, committing matching funds of 20%, should the grant be awarded. 2. Finance/Investment: Stuart Fleming, Chairperson * 20170962 2017 MEAG Mayors Summit Motion approving travel for Mayor and Council members, along with the City Attorney, who wish to attend the 2017 MEAG Mayors Summit which will be held November 10-12 in, Greensboro, Georgia. * 20170963 Budget amendment to settle up FY2017 Approval of an Ordinance amending the Fiscal Year 2017 budget to address the annual year-end settlement of accounts to move the salary savings due to unfilled positions for the purchase of equipment, to move the General Fund capital contingency to user departments to cover approved capital items, and to appropriate the operational surplus in various Funds of the City. * 20170968 GMA Annual Mayors' Day Conference Motion approving travel and training expenses for the Mayor and Council members who wish to attend the Georgia Municipal Association (GMA) Annual Mayors' Day Conference in Atlanta, Georgia. * 20170969 GMA Newly Elected Officials Training Motion approving travel and training expenses for Newly Elected Officials to attend the required GMA Newly Elected Officials Training in February or March 2018. 3. Judicial/Legislative: Philip M. Goldstein, Chairperson City of Marietta Page 7 Printed on 11/8/2017 1:30:41PM CITY COUNCIL Meeting Agenda November 8, 2017 * 20170974 Code Amendment - Office Institutional Motion to authorize staff to advertise changes to Section 708.23, Office Institutional, Paragraph B., Permitted Uses. * 20170987 Administrative Policy # 6 Motion to delete the Administrative 6 Policy, with the current five who have already applied being grandfathered subject to their complying with the existing policy. 4. Parks, Recreation and Tourism: Michelle Cooper Kelly, Chairperson * 20171028 Kirby Park Construction A motion authorizing a revised scope of work for Phase I construction of Kirby Park to fall within the $800,000 budget allocation for Phase I. 5. Personnel/Insurance: Johnny Walker, Chairperson * 20170991 Supplemental Pension provider change Motion approving the 401(a) Supplemental Pension provider change from Principal to ICMA-RC, the administrative services agreement with ICMA-RC, and the new investment lineup with ICMA-RC as recommended by the Pension Board. The projected date for the first payroll submission to ICMA-RC is the first week in March 2018. Changes made to the administrative services agreement to reflect the term of council. The Pension Board approved a motion to change the Supplemental Pension provider from Principal to ICMA-RC by the following vote: 5-0-0. The Pension Board approved a motion to accept the new investment lineup with ICMA-RC subject to any updates prior to the effective date of transfer by the following vote: 6-0-0. * 20170990 ICMA-RC 457(b) Deferred Compensation Agreement Motion approving the updated administrative services agreement on the 457(b) deferred compensation plan with ICMA-RC. Besides a new fee structure, changes were made to the administrative services agreement to reflect the term of council. 6. Public Safety Committee: Ruben Sands, Chairperson 7. Public Works Committee: Grif Chalfant, Chairperson City of Marietta Page 8 Printed on 11/8/2017 1:30:41PM CITY COUNCIL Meeting Agenda November 8, 2017 * 20170697 Sidewalks and Safety Motion approving eligibility list for sidewalks and safety improvements up to $257,000 for each council ward. * 20170975 Speed Limit on Delk Street Motion to modify the speed limit on Delk Street from 30 MPH to 25 MPH. * 20170986 Three No Parking Signs on West Side of Campbell Hill Street Motion authorizing three no parking signs along the west side of Campbell Hill Street across the frontage of Lewis Park. * 20171002 4 Way Stop at Whitlock Drive & Maxwell Avenue Motion authorizing the installation of an all-way stop at the intersection of Whitlock Drive and Maxwell Avenue. OTHER BUSINESS: * 20170914 V2017-41 [VARIANCE] CLEAR CHANNEL OUTDOOR, INC. Motion to approve variances for property located in Land Lots 946 & 999, District 16, Parcel 0050, 2nd Section, Marietta, Cobb County, Georgia and being known as 1092 Marietta Industrial Drive. 1. Variance to waive requirement that a billboard shall be regulated as a principal use. [§714.04 (G.1)] 2. Variance to increase the allowable height for a billboard from 70’ to 83.2’ above adjacent I-75 road grade. [ §714.04 (G.6)] 3. Variance to locate a billboard closer to a permanent structure than a distance that is equal to or greater than the height of the sign. [§714.04 (G.10)] Motion to Table until the December 13, 2017 City Council Meeting. City of Marietta Page 9 Printed on 11/8/2017 1:30:41PM CITY COUNCIL Meeting Agenda November 8, 2017 * 20170915 V2017-42 [VARIANCE] CLEAR CHANNEL OUTDOOR, INC. Motion to approve variances for property located in Land Lot 998, District 16, Parcel 0130, 2nd Section, Marietta, Cobb County, Georgia and being known as 646 Webb Industrial Drive. 1. Variance to reduce the side setbacks for a billboard support structure from 20’ to 10’. §708.27 (H); §714.04 (G.1); §714.04 (G.8) 2. Variance to reduce the rear setback for a billboard support structure from 40’ to 25’. §708.27 (H); §714.04 (G.1); §714.04 (G.8) 3. Variance to reduce the rear and side setbacks for billboard sign faces to 0’. §708.27 (H); §714.04 (G.1); §714.04 (G.8) 4. Variance to locate a billboard within 1,000’ of another billboard. §714.04 (G.5) 5. Variance to locate a billboard on a substandard lot. §708.27 (H); §714.04 (G.1); §714.04 (G.8) 6. Variance to reduce the minimum lot width from 150’ to 21’. §708.27 (H); §714.04 (G.1); §714.04 (G.8) Motion to Table until the December 13, 2017 City Council Meeting. * 20170916 V2017-43 [VARIANCE] CLEAR CHANNEL OUTDOOR, INC. Motion to approve variances for property located in Land Lot 785, District 17, Parcel 0010, 2nd Section, Marietta, Cobb County, Georgia and being known as 2241 Northwest Parkway. 1. Variance to reduce the rear setbacks for billboard sign faces from 40’ to 29’. §708.26 (H); §714.04 (G.1); §714.04 (G.8) 2. Variance to locate a billboard within 1,000’ of other billboards. §714.04 (G.5) 3. Variance to increase the allowable height for a billboard with digital panels from 70’ to 105’ above adjacent I-75 road grade. §714.04 (G.6); §714.04 [G.13(b.4.iii)] Motion to Table until the December 13, 2017 City Council Meeting. * 20171018 Extend Free Parking off Denmead Motion to extend free parking beyond 01/01/2018 on the lot off Denmead until a Certificate of Occupancy Permit to proposed Food Market is issued. City of Marietta Page 10 Printed on 11/8/2017 1:30:41PM CITY COUNCIL Meeting Agenda November 8, 2017 * 20171029 Disposition of a portion of 1101 Powder Springs Street. A motion authorizing the advertisement of the sale of approximately 896 s.f. of property at 1101 Powder Springs Street at a minimum bid of $3.00 per sq. ft. The buyer must provide a survey and legal description, and assume all costs for attorney’s fee and closing expenses. The City reserves the right to reject any and all bids. 20171045 Denmead Street Extension Project Motion to authorize the acquisition of property on behalf of the City of Marietta by means of eminent domain. Said property is known as 103 Denmead Street and in the attached order authorizing condemnation and upon information it is believed that the property is owned by Philip M. Goldstein, Denmead Street Properties, LLC and Atlanta Northern Traction Co., LLC. 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. 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 * 20171056 Motion to Deny Agenda Item Related to the Denmead Street Extension Project Motion to deny the action to commence Condemnation procedures on that certain parcel of property for the extension of Denmead Street Northerly being Legistar # 20171045 and to cancel the accompanying 11/8/17 public hearing; further to move forward this motion onto 11/8 City Council consent agenda to deny further action on this item for now noting dissenting votes. Requestors note: original motion to condemn from action of council which goes to succeeding council agenda directly, so this is motion to remove such with some semblance of notice. Intent to defer to next Term of Council for their purview and to encourage negation of purchasing said necessary road bed rather than condemnation process at this time. 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 11 Printed on 11/8/2017 1:30:41PM CITY COUNCIL Meeting Agenda November 8, 2017 * 20171005 68 North Marietta Parkway-Marietta Square Market Motion to amend the application of Marietta Square Market, LLC, originally approved on April 12, 2017 for the renovation of an existing pre-engineered metal building for use as an open market type building. Changes include the minor modification of the train car projection and the awning on the north side of the building. The Historic Board of Review made the following recommendation at their October 3, 2017 meeting: Motion was made by Boardmember Freedman, seconded by Boardmember Walker that the design concept and renovation of an existing pre-engineered metal building at 68 North Marietta Parkway (Marietta Square Market) in the application for exterior changes, be Approved and Finalized. The motion carried by the following vote: Vote: 8-0-0 Council member Goldstein abstaining * 20171069 Voluntary Deposits into the Municipal Competitive Trust for Power Supply Year 2018 Motion to approve the recommendation from the BLW regarding voluntary deposits into the Municipal Competitive Trust (MCT) for the year 2018. * 20171070 MEAG Off-System Energy Sales Margins Power Supply Year 2018 Motion to approve the recommendation from the BLW regarding the election of MEAG Off-System Energy Sales Margins for the power supply year 2018. 20171071 827 Roswell Street Motion authorizing advertisement for a public hearing regarding the sale of the remnant portion of 827 Roswell Street. 20171072 Unimproved Covington Avenue Motion authorizing advertisement for a public hearing regarding the sale and abandonment of the unimproved Covington Avenue right of way between Roswell Street and Washington Avenue. City of Marietta Page 12 Printed on 11/8/2017 1:30:41PM CITY COUNCIL Meeting Agenda November 8, 2017 20171073 Freys Gin Road Motion authorizing advertisement for a public hearing regarding the abandonment and sale of a portion of Freys Gin Road right of way. * 20171017 BLW Actions of November 6, 2017 Review and approval of the November 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 13 Printed on 11/8/2017 1:30:41PM