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, December 13, 2017 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Johnny Walker, Ward 3 PLEDGE OF ALLEGIANCE: PRESENTATIONS: PROCLAMATIONS: ANNOUNCEMENTS OF GENERAL COMMUNITY INFORMATION BY THE MAYOR, COUNCIL AND/OR CITY MANAGER: SCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes. 20171067 Scheduled Appearance Scheduled Appearance -Kevin E Dixon Sr. 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). City of Marietta Page 1 Printed on 12/13/2017 5:45:27PM CITY COUNCIL Meeting Agenda December 13, 2017 MINUTES: * 20171169 Regular Meeting - November 8, 2017 Review and approval of the November 8, 2017 regular meeting minutes. MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: * 20171125 Cobb County Board of Health and Cobb County Community Services Board Motion to approve the reappointment of W. Wyman Pilcher, III to the Cobb County Board of Health and Cobb County Community Services Board for a six (6) year term. * 20171183 Board of Zoning Appeals Appointment (Ward 7) Appointment of Tom Samples to the Board of Zoning Appeals (Ward 7) for a three year term, expiring December 10, 2020. ORDINANCES: * 20170904 Z2017-29 [REZONING] MTC CORPORATION Z2017-29 [REZONING] MTC CORPORATION is requesting the rezoning of approximately 1.17 acres located in Land Lot 1231, District 16, Parcels 0570, 0410, 0420, 430, 0440, & 0450, 2nd Section, Marietta, Cobb County, Georgia, and being known as 84 South Marietta Parkway; 207, 223, 227, 231, & 237 Crescent Circle from OI (Office Institutional) to CRC (Community Retail Commercial). Ward 3A. The following stipulations are incorporated as conditions of zoning:  Letter of stipulations from Sams, Larkin, Huff & Balli, LLP, to Rusty Roth, Development Services Director for the City of Marietta, dated December 1, 2017. The Planning Commission recommends Approval as Stipulated. Mr. Diffley made a motion, seconded by Mr. Poor to recommend approval as stipulated. The motion carried 7 0 0. The following stipulations are incorporated as conditions of zoning: Letter of stipulations from Sams, Larkin, Huff & Balli, LLP, to Rusty Roth, Development Services Director for the City of Marietta, dated December 1, 2017 Public Hearing (all parties are sworn in) City of Marietta Page 2 Printed on 12/13/2017 5:45:27PM CITY COUNCIL Meeting Agenda December 13, 2017 20171019 Z2017-32 [REZONING] HUMANE SOCIETY OF COBB COUNTY INC Z2017-32 [REZONING] HUMANE SOCIETY OF COBB COUNTY INC is requesting the rezoning of 0.473 acres located in Land Lots 1234 & 1287, District 16, Parcel 0400, 2nd Section, Marietta, Cobb County, Georgia, and being known as 553 Waterman Street from R-4 (Single Family Residential - 4 units/acre) to CRC (Community Retail Commercial). Ward 1A. The following variances are incorporated as conditions of zoning: 1. Variance to allow an animal shelter and clinic within 100 feet of a residential zoning district. [§708.16 B.3.a)] 2. Variance to waive the required 10 ft. landscape strip and allow the current parking configuration along the frontage of Waterman Street. [§712.08 (G.2.a)] 3. Variance to waive the Commercial Corridor Design Overlay requirements. [§712.09 (G.)] The following stipulations are incorporated as conditions of approval for the rezoning: 1. A monitoring system for noise must be installed so someone inside the building can hear if the dogs are creating a nuisance, including, but not limited to, loud and/or constant barking. The system must be monitored 24 hours a day, seven days a week. 2. The rear yard must be screened by a wooden “stockade” style fence. 3. No more than 4 dogs are allowed in the pen at one time. 4. A staff person or volunteer must remain on site, but not necessarily in direct supervision of the dogs during the time the dogs are left outdoors so that, should the dogs become noisy or loud, they can be promptly relocated indoors. The Planning Commission recommends Approval as Stipulated. Ms. McCrae made a motion, seconded by Mr. Hunter to recommend approval as submitted with the Variances and Stipulations stated below. The motion carried 6 1 0. Mr. Diffley Opposed. The following variances are incorporated as conditions of zoning: 1. Variance to allow an animal shelter and clinic within 100 feet of a residential zoning district. [§708.16 B.3.a)] 2. Variance to waive the required 10 ft. landscape strip and allow the current parking configuration along the frontage of Waterman Street. [§712.08 (G.2.a)] 3. Variance to waive the Commercial Corridor Design Overlay requirements. [§712.09 (G.)] The following stipulations are incorporated as conditions of approval for the rezoning: 1. A monitoring system for noise must be installed so someone inside the building can hear when the dogs are getting out of hand; 2. The rear yard must be screened by a wooden “stockade” style fence; 3. No more than 4 dogs are allowed in the pen at one time. 4. A staff person or volunteer must remain on site, but not necessarily in direct supervision of the dogs during the time the dogs are left outdoors so that, should the dogs become noisy or loud, they can be promptly relocated indoors. City of Marietta Page 3 Printed on 12/13/2017 5:45:27PM CITY COUNCIL Meeting Agenda December 13, 2017 Public Hearing (all parties are sworn in) * 20170974 CA2017-10 [CODE AMENDMENT] CA2017-10 [CODE AMENDMENT] Proposal to amend the Comprehensive Development Code of the City of Marietta, Division 708.23, Office Institutional, Paragraph (B.), Permitted Uses. The Planning Commission recommends Approval. Mr. Davis 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) RESOLUTIONS: CITY ATTORNEY'S REPORT: * 20171120 Denial of Claim Denial of Claim for Lilianette Robles Sandoval. * 20171121 Denial of Claim Denial of Claim for State Farm/Alexander Dior Ford. * 20171154 Denial of Claim Denial of Claim for Bernadette and Donald Wolfe. CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: 1. Economic/Community Development: G. A. (Andy) Morris, Chairperson * 20171058 Reallocation of CDBG Funds Approval of the Resolution of the transfer of the Program Year 2015 Funds and reallocation of the 2017 CDBG funds. City of Marietta Page 4 Printed on 12/13/2017 5:45:27PM CITY COUNCIL Meeting Agenda December 13, 2017 * 20171059 Community Development Block Grant Annual Action Plan PY2018 Motion to approve the Community Development Block Grant Annual Action Plan PY2018. * 20171060 Community Development Block Grant Consolidated Plan PY2018-2023 Motion to approve the Community Development Block Grant Consolidated Plan PY2018-2023. * 20171126 Commercial Real Estate Brokerage Services-Roswell Street Properties Motion to approve the Commercial Real Estate Brokerage Services for 942, 994 & 1010 Roswell Street. 2. Finance/Investment: Stuart Fleming, Chairperson 3. Judicial/Legislative: Philip M. Goldstein, Chairperson 20170814 Consideration of Possible Change in Day of Week that Committees Meet Motion to approve the monthly Committee meeting date to be set for the TUESDAY which precedes by 15 days the subsequent regularly scheduled Wednesday City Council meeting. 20170965 2018 City Council Meeting Dates Motion to approve the 2018 proposed meeting dates for City Council & Committee Meetings. * 20171085 Georgia’s 2018 Tax Refund Intercept Program Participation Motion to approve Memorandum of Understanding between the Judicial Council’s Administrative Office of the Courts of Georgia and the City of Marietta Municipal Court related to continued participation in Georgia’s Tax Refund Intercept Program for 2018. City of Marietta Page 5 Printed on 12/13/2017 5:45:27PM CITY COUNCIL Meeting Agenda December 13, 2017 * 20171087 Landscaping Plan - Home2 Suites by Hilton Motion to approve the landscape plan for 2168 Kingston Court (Home2 Suites by Hilton), per revised stipulation #10 of Z2009-25 approved on April 12, 2017 (Legistar #20170292). Approval of this landscape plan shall not convey any approval to keep the detached, high-rise sign (“billboard”) identified on this plan. Should the applicant wish to keep this sign, a separate variance application must be made. 4. Parks, Recreation and Tourism: Michelle Cooper Kelly, Chairperson * 20171082 Street closures for the 2018 calendar year to operate the Marietta Square Farmer's Market Motion authorizing street closures for the 2018 calendar year to operate the Marietta Square Farmer's Market as requested by the Downtown Marietta Development Authority as follows: Saturday closure of Mill St: January 6, 2018 to March 31, 2018 From 7 a.m. to 2 p.m. Saturday closure of North Park Square: April 7, 2018 to November 25, 2018 From 7 a.m. to 2 p.m. Saturday closure of Mill St: December 1, 2018 to December 22, 2018 From 7 a.m. to 2 p.m. Sunday closure of Mill St: May 6, 2018 to October 28, 2018 From 12 noon to 5 p.m. * 20171083 Street Closure Request for Marietta Square Artist’s Market Motion authorizing the closure of Mill St. from the railroad tracks to W. Park Square for the Marietta Square Artists Market the 2nd and 4th Saturdays of the month from April through November 2018. City of Marietta Page 6 Printed on 12/13/2017 5:45:27PM CITY COUNCIL Meeting Agenda December 13, 2017 * 20171084 2017 New Year’s Eve Event Requests A motion authorizing the following items regarding the New Year’s Eve event sponsored by the Branding Project: 1. The closure of the following streets on December 31, 2017 at 3:00 PM and reopening by January 1, 2018 by 3:00 am, for the event; At 3 PM on Sunday, December 31, 2017 the closure of: · East Park, North Park, and South Park Square; · Lawrence St. (Waddell St. to the square); · Cherokee St. (Hansell St. to the square); · Atlanta St. (Anderson St. to the square) and; · Roswell St. (Waddell St. to the square). 2. A waiver of City Code Section 10-4-070 (C) and (E) to provide for the consumption of beer and wine in Glover Park and the sale and consumption of beer and wine adjacent to Glover Park for the duration of the event. * 20171089 Intergovernmental Agreement Between the DMDA and the City of Marietta for West Park Square Renovations Motion to approve the Intergovernmental Agreement between the DMDA and the City of Marietta for purposes of constructing the West Park Square Sidewalk improvements commencing January 2018. Council Member Goldstein abstaining * 20171094 Elizabeth Porter Park Mural A motion authorizing the Elizabeth Porter Park Mural as presented for installation in Elizabeth Porter Park. * 20171129 Laurel Park Tennis Center Operating Extension Motion approving a temporary extension to the Laurel Park Tennis Center agreement. * 20171130 Custer Park Soccer Complex Operating Extension Motion approving a temporary extension to the Custer Park Soccer Complex agreement. City of Marietta Page 7 Printed on 12/13/2017 5:45:27PM CITY COUNCIL Meeting Agenda December 13, 2017 * 20171131 Aviation Sports Complex Operating Extension Motion approving a temporary extension to the Aviation Sports Complex Agreement. * 20171132 Marietta’s Aviation Sports Complex Lease and Intergovernmental Agreement Motion approving the Lease and Intergovernmental Agreement between the City of Marietta and the Development Authority of the City of Marietta for the Aviation Sports Complex Project. * 20170989 Marietta Museum of History Motion to approve the following items in order to transfer the operations of the Marietta Museum of History to the City of Marietta: 1. Transfer agreement 2. Bill of Sale 3. Budget amendment 4. City Personnel Pay Plan amendment 5. Assumption of Kennesaw House Lease 6. Memoranda of understanding with staff. Council member Goldstein disclosed that he is a member of the Marietta Museum of History. 5. Personnel/Insurance: Johnny Walker, Chairperson City of Marietta Page 8 Printed on 12/13/2017 5:45:27PM CITY COUNCIL Meeting Agenda December 13, 2017 * 20171092 FY 2018 Amendment to the Pay and Classification Plan and Position Allocation Chart Motion to approve the ordinance amending the FY 2018 Pay and Classification Plan and Position Allocation Chart for a Finance Department reorganization. The reorganization reclassifies the vacant Budget and Payroll Manager position (pay grade 124, exempt) to a Budget Analyst position (pay grade 118, nonexempt), reclassifies one incumbent from a Budget Analyst position (pay grade 118, nonexempt) to a new position of Budget Supervisor (pay grade 119, exempt), reclassifies one incumbent from the Payroll Systems Analyst position (pay grade 118, nonexempt) to a new position of Payroll Supervisor (pay grade 119, exempt), reclassifies one incumbent from the Utility Business Analysis Manager position (pay grade 123, exempt) to a new position of Deputy Director of Finance (pay grade 124, exempt), and reclassifies one incumbent from a Controller/Purchasing Manager position (pay grade 123, exempt) to a new position of Deputy Director of Finance (pay grade 124, exempt). Salaries of affected employees will be set in accordance with current compensation policies. * 20171115 HB 146 Firefighter Cancer Coverage Motion to approve the resolution joining the Georgia Interlocal Risk Management Agency (GIRMA) for the purposes of firefighter cancer coverage, approving the firefighter cancer coverage application and participation agreement, approving the intergovernmental contract with GIRMA for same, and approval of the firefighter cancer coverage insurance policy through same with Hartford as the insurer, policy period beginning January 1, 2018. 6. Public Safety Committee: Ruben Sands, Chairperson * 20171081 Revisions to MPD Policies Motion to approve the revisions to the listed MPD Policies: A020 (Deadly & Non-Deadly Force - NEW REPLACEMENT POLICY), A041 (Organizational Structure), A044 (Uniforms, Equipment & Departmental Property), A060 (Evidence & Property Maintenance), E010 (SWAT Team and Tactical Medic), E014 (Explosive Breaching), E020 (Barricaded Incidents), P015 (Video/Audio Recording Equipment), P017 (Public Recording of Police Activity - NEW POLICY), S060 (Special Purpose Vehicles). 7. Public Works Committee: Grif Chalfant, Chairperson City of Marietta Page 9 Printed on 12/13/2017 5:45:27PM CITY COUNCIL Meeting Agenda December 13, 2017 * 20171098 North Saint Marys Lane Driver Speed Feedback Signs Motion to authorize the installation of one driver speed feedback sign on North Saint Marys Lane, to be funded using Ward 4 general funds designated for sidewalk & safety projects (110-2031-532-70-90). * 20171101 Allgood Road and Sawyer Road Utilities Motion authorizing variance from the underground utilities ordinance allowing a new cable to be installed by over lashing existing cable. This motion does not grant a perpetual variance. Zayo Communications must relocate underground at their expense if other utilities at the location are moved underground. * 20171102 Pam Lane and Toweridge Drive No Parking Zones Motion authorizing “No Parking in Cul-de-sac from 6 PM to 6 AM” signs to be installed in the cul-de-sacs of Pam Lane and Toweridge Drive. * 20171103 No Parking Zones on Soaring Drive Motion authorizing “No Parking” signs along both sides of Soaring Drive from 821 to 871 Soaring Drive. * 20171104 Sawyer Road at Allgood Road Motion approving the concept for the Sawyer Road at Allgood Road intersection project to include the construction of a continuous flow northbound through lane. * 20171105 Sawyer Road at Canton Road Motion approving the concept for the Sawyer Road at Canton Road intersection project to include a new traffic signal installation. * 20171106 Washington Avenue Utilities Motion authorizing a variance from the Underground Utilities Ordinance to allow the installation of aerial electrical wire along current aerial utility locations on Washington Avenue from Austin Avenue to Ayers Street and from Gresham Avenue to Beavers Street. No additional poles are approved as part of this request. City of Marietta Page 10 Printed on 12/13/2017 5:45:27PM CITY COUNCIL Meeting Agenda December 13, 2017 * 20171108 2011 SPLOST Project Budget Reallocation Motion approving rebalancing of 2011 SPLOST project funds across authorized 2011 SPLOST projects. * 20171109 2016 SPLOST Project Budget Reallocation Motion approving rebalancing of 2016 SPLOST project funds across authorized 2016 SPLOST projects. 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)] 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) City of Marietta Page 11 Printed on 12/13/2017 5:45:27PM CITY COUNCIL Meeting Agenda December 13, 2017 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)] 20171191 Settlement Agreement - Clear Channel Outdoor, Inc. Motion to approve a Settlement Agreement between the City of Marietta and Clear Channel Outdoor, Inc. 20171128 Appeal of Susan Raper for denial of Certificate of Appropriateness for 319 Church Street Request by Susan Raper to appeal the decision of the Historic Preservation Commission for 319 Church Street, which was denied on December 4, 2017. * 20171090 Certified Election Results - November 7, 2017 Motion to approve the certified election results of the November 7, 2017, City of Marietta General Election related to the Mayor and City Council, as presented by the Cobb County Board of Elections and Registration. * 20171091 Certified Election Results - December 5, 2017 Motion to approve the certified election results of the December 5, 2017, City of Marietta General Election related to the Ward 1 City Council Run-off, as presented by the Cobb County Board of Elections and Registration. 20171182 Resignation of Philip M. Goldstein Acknowledgment of the resignation of Council Member Philip M Goldstein of Ward 7 effective at midnight on December 31, 2017. City of Marietta Page 12 Printed on 12/13/2017 5:45:27PM CITY COUNCIL Meeting Agenda December 13, 2017 20171071 827 Roswell Street Motion approving the sale of remnant property of 827 Roswell Street to Roswell Street Baptist Church, Inc. in exchange for $50,555. Sale is subject to easements being provided for portions of structure at 817 and 819 Roswell Street existing on the property as well as any utilities connecting to said building. Sale is further subject to any easements for access existing across the property. The City of Marietta retains a 6.5 foot wide temporary construction easement across the Roswell Street frontage of the property for the purposes of constructing Roswell Street improvements project, said temporary easement shall expire upon completion of the Roswell Street improvements project. The City Attorney and Public Works Director are authorized to take all actions necessary to finalize the sale of this property. Public Hearing Required. * 20171072 Unimproved Covington Avenue Consideration of a motion to abandon, sell, and/or exchange Covington Avenue right of way between Roswell Street to Washington Avenue. Abandonment is subject to being provided for any utilities currently existing in the right of way. Public Hearing Required Motion to Table until the January 10, 2018 City Council meeting. 20171073 Freys Gin Road Motion to abandon and sell a portion of Freys Gin Court right of way between Roswell Road and Freys Gin Road to Clear Channel Outdoor, Inc. in exchange for $18 per square foot of property. Abandonment and sale are subject to easements being provided for all utilities existing within the right of way. Abandonment and sale are further subject to any right of way deemed necessary by GDOT for the I-75 managed lanes project currently under construction. Abandonment and sale are further subject to Waffle House accepting an easement for access or quit claiming rights of access to the existing Freys Gin Court right of way. The City Attorney and Public Works Director are authorized to take all actions necessary to finalize the abandonment and sale of this right of way. . Public Hearing Required City of Marietta Page 13 Printed on 12/13/2017 5:45:27PM CITY COUNCIL Meeting Agenda December 13, 2017 * 20171162 BLW Actions of December 11, 2017 Review and approval of the December 11, 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 14 Printed on 12/13/2017 5:45:27PM