CITY COUNCIL

City of Marietta 205 Lawrence Street Post Office Box 609 Marietta, Georgia 30061 Meeting Agenda CITY COUNCIL R. Steve Tumlin, Mayor Cheryl Richardson, Ward 1 Grif Chalfant, Ward 2 Johnny Walker, Ward 3 G. A. (Andy) Morris, Ward 4 Reggie Copeland, Ward 5 Michelle Cooper Kelly, Ward 6 Joseph R. Goldstein, Ward 7 Wednesday, April 11, 2018 7:00 PM Council Chamber DRAFT CALL TO ORDER: INVOCATION: Council Member Joseph R Goldstein, Ward 7 PLEDGE OF ALLEGIANCE: PRESENTATIONS: 20180426 Recognition of Daneea Badio-McCray, Marietta PAL Executive Director Recognizing Daneea Badio-McCray for her hard work, dedication and service to the City of Marietta and the Marietta PAL Program. Requested by Council Member Michelle Cooper Kelly 20180436 Smart Cities Mobility Award Presentation of the Smart Cities Mobility Award to the City of Marietta. City of Marietta Page 1 Printed on 4/6/2018 4:29:38PM CITY COUNCIL Meeting Agenda April 11, 2018 20180428 Citizens’ Government Academy Graduates The following are graduates from our 2018 Citizens’ Government Academy Class Flora Anders Lisa Cymbor Sharon Blok Dave Gunnels Derrick Brown Swapan Kumar Doug Burnett Chris Mowry Melinda Burnett Karen Raymer Councilmember Reggie Copeland Reynold Tamayo 20180451 Citizens’ Police Academy Graduates Presentation of the Citizens’ Police Academy graduating class. Charlene Anderson Laszlo Nagy Susan Christensen Glenn Harris Janet Bouy Sally Schubert Leslie Newlander Juan Jarmillo Lee Tannenbaum Christopher Papas Charlotte McCann Aimee Erbacher Judy Boyce Anita Turner Danielle Dickerson Patricia Hay Carol Lyon Barry Christensen Anna Arrington Ron Nierenberg Hamp Hart PROCLAMATIONS: ANNOUNCEMENTS OF GENERAL COMMUNITY INFORMATION BY THE MAYOR, COUNCIL AND/OR CITY MANAGER: SCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes. 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: City of Marietta Page 2 Printed on 4/6/2018 4:29:38PM CITY COUNCIL Meeting Agenda April 11, 2018 20180441 Special Meeting - March 27, 2018 Review and approval of the March 27, 2018 special meeting minutes. 20180442 Regular Meeting - March 14, 2018 Review and approval of the March 14, 2018 regular meeting minutes. MAYOR’S APPOINTMENTS: (for informational purposes only) 20180335 Ethics Committee - Mayor’s Appointment Appointment of Jeriene Bonner Grimes to the Ethics Committee (Mayor’s Appointment) for a two (2) term expiring March 19, 2020. CITY COUNCIL APPOINTMENTS: * 20180375 Historic Board of Review Appointment at Large Motion to appoint Johnny Walker to the Marietta Historic Board of Review for the City Council At Large Appointment for a two-year term, expiring April 11, 2020. ORDINANCES: City of Marietta Page 3 Printed on 4/6/2018 4:29:38PM CITY COUNCIL Meeting Agenda April 11, 2018 20180238 Z2018-14 [REZONING] MARK SWANN Z2018-14 [REZONING] MARK SWANN is requesting the rezoning of 0.33 acres located in Land Lot 1090, District 16, Parcel 0600, 2nd Section, Marietta, Cobb County, Georgia, and being known as 604 Seminole Drive from OI (Office Institutional) to LI (Light Industrial). Ward 5B. If Council approves the rezoning, the following variances would be incorporated as conditions of zoning: 1. Variance to allow gravel as an approved parking surface. [§716.08 (A) & (B)] 2. Variance to reduce the front setback from 50’ to 41.’ [§708.26 (H)] 3. Variance to reduce the side yard setback from 20’ to 15’ on the west side. [§708.26 (H)] 4. Variance to reduce the side yard setback from 20’ to 12’ on the east side. [§708.26 (H)] 5. Variance to reduce the width of a two-way driveway from 20’ to 8.’ [§716.08 (C.5)] 6. Variance to reduce the minimum lot size from 20,000 square feet to 14,247 square feet. [§708.26 (H)] 7. Variance to reduce the lot width from 100 feet to 70 feet. [§708.26 (H)] The Planning Commission recommends Approval as Stipulated. Chairman Kinney made a motion, seconded by Ms. McCrae to recommend the zoning remain OI (Office Institutional) with an additional use of truck parking (to remain empty) in the rear and the variances included in the staff report. The motion carried 4-0-0. Public Hearing (all parties are sworn in) 20180241 Z2018-13 [SPECIAL LAND USE PERMIT] EDWARD ZHIGAYLO (JOPOLL HOLDINGS, LLC) Z2018-13 [SPECIAL LAND USE PERMIT] EDWARD ZHIGAYLO (JOPOLL HOLDINGS, LLC) is requesting a Special Land Use Permit for a junk yard, zoned LI (Light Industrial), located in Land Lot 659, District 17, Parcel 0020, 2nd Section, Marietta, Cobb County, Georgia, and being known 2012 Airport Court. Ward 7A. If Council approves the rezoning, the following variance would be incorporated as conditions of zoning: Variance to allow junk storage and parking of service vehicles, including vehicles to pick up and drop off materials, on a gravel surface. [Section 716.08 (A) & (B)] The Planning Commission recommends Approval. Mr. Anderson made a motion, seconded by Ms. McCrae, to recommend approval as submitted with the following variance. The motion carried 4 0 0. Public Hearing (all parties are sworn in) City of Marietta Page 4 Printed on 4/6/2018 4:29:38PM CITY COUNCIL Meeting Agenda April 11, 2018 20180283 Z2018-15 [REZONING] JAMES E. COX & YANIV REGEV Z2018-15 [REZONING] JAMES E. COX & YANIV REGEV are requesting the rezoning of 0.52 acres located in Land Lot 1088, District 16, Parcel 0108, 2nd Section, Marietta, Cobb County, Georgia, and being known as 272 Chicopee Drive from R-3 (Single Family Residential - 3 units/acre)) to R-4 (Single Family Residential - 4 units/acre). Ward 4B. Mr. Davis made a motion, seconded by Mr. Anderson, to recommend that the zoning remain R3 (Single Family Residential 3 units/acre) with a variance to permit an increase in density. The motion carried 4 0 0. The Planning Commission recommends Approval as Stipulated. Mr. Davis made a motion, seconded by Mr. Anderson, to recommend that the zoning remain R3 (Single Family Residential 3 units/acre) with a variance to permit an increase in density. The motion carried 4 0 0. Public Hearing (all parties are sworn in) RESOLUTIONS: CITY ATTORNEY'S REPORT: CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: 1. Economic/Community Development: Johnny Walker, Chairperson 2. Finance/Investment: Joseph R. Goldstein, Chairperson 20180331 138 Rigby Street Request of Cynthia L. Hull-Shelton concerning lien & accrued interest associated with 138 Rigby Street. * 20180347 Storm Debris Expenses Motion to approve a budget amendment to appropriate funds to cover excessive storm response costs. 3. Judicial/Legislative: G. A. (Andy) Morris, Chairperson City of Marietta Page 5 Printed on 4/6/2018 4:29:38PM CITY COUNCIL Meeting Agenda April 11, 2018 20180271 Amendment of Rules and Enactment of Ordinances and Charter Amendments (1-4-040) Motion to approve ordinance amendment to Article 1-4-040 entitled “Rules and Enactment of Ordinances and Charter Amendments” including authorization for the Mayor and City Clerk to execute same. Second Reading * 20180106 WellStar Kennestone Bridge across Church St Motion to approve the attached design of the WellStar Kennestone Pedestrian Bridge over Church Street, including the following: 1. Reduction in the required 10’ planted border area as shown on the attached landscape plan. 2. Reduction in the provided number of street trees along Cherry Street to accommodate the Marietta Water service line and along Cherokee Street for sight distance concerns. Council Member Kelly disclosed that she serves on the WellStar Kennestone Regional Board. * 20180336 Detailed Plan - Drive Shack Motion to approve the detailed plan for 849 Franklin Gateway - Drive Shack, including the attached detailed plans, building elevations, and sign package, with the following variances: 1. Variance to allow poles at heights of up to 160 feet. 2. Variance to disturb the fifty (50) foot buffer against the townhome community to the northwest. [§708.19 (I.), §710.05] 3. Variance to waive the fencing requirement within the fifty (50) buffer. [§708.19 (I.), §710.05 (D.)] 4. Variance to allow the use of metal building panels on the building face. [§708.19] 5. Variance to waive the platting requirement. [§708.19 (J.4)] * 20180371 Brumby Hall’s Collection Motion to approve reallocation of certain items located in Brumby Hall. Items of designated surplus to be sold as per the City’s surplus policies and loaning of certain items to Cobb Landmark with appropriate reversionary clauses. City of Marietta Page 6 Printed on 4/6/2018 4:29:38PM CITY COUNCIL Meeting Agenda April 11, 2018 20180337 Zoning Stipulation Change (Z2017-18) Motion to approve the request by OneStreet Development, LLC to change the following zoning stipulations for Z2017-18 (900 Campbell Hill St; 120 & 150 Florence St): 1. Stipulation #4: Lower the age restriction for residents of the senior apartments from sixty-two (62) years of age and older to persons fifty-five (55) years of age and older, “pursuant to and in accordance with all applicable rules, regulations, and provisions of the Federal Fair Housing Act”. 2. Stipulation #8(a): Increase the building height from four (4) to five (5) stories, while still maintaining the same number of dwelling units (90) for the complex. 3. Stipulation #8(b): Increase the maximum allowable impervious surface area from sixty-eight (68) percent to seventy-two (72) percent. 4. Stipulation #8(d): Allow a consistent building setback of five (5) feet along Florence Street and 100 Florence Street instead of only at the building corner. All other stipulations and variances identified in the original letter of stipulations will remain in effect. 20180338 Revision to the Detailed Plan - 1400 Powder Springs Road Motion to approve the revised detailed plan for 1400 Powder Springs Road, including the variances listed below. Approval of these variances will not result in any physical change to the design but will only enumerate the specific variances needed to match the design approved on the detailed plan approved in March 2017. 1. Variance to reduce the minimum centerline radii identified on the attached site plan from 100’ to 75’ for Curve #1; 50’ for Curve #3; 50’ for Curve #4; 50’ for Curve #6. 2. Variance to reduce the access easement width from 50’ to 44.’ 3. Variance to allow only one access point to an arterial or collector street for a single family development with more than 51 dwelling units. 4. Variance to reduce the minimum lot size from 4,000 square feet to 1,080 square feet. 5. Variance to waive the required active recreational area. City of Marietta Page 7 Printed on 4/6/2018 4:29:38PM CITY COUNCIL Meeting Agenda April 11, 2018 20180339 Revision to the Detailed Plan - Manget Ph. 2 Motion to approve the revised detailed plan for Manget Phase 2, as requested by Brock Built Homes, to relocate two parking spaces from the east side of Easy Pines Way to the west side of Easy Pines Way and within the 15’ buffer against the properties on South Avenue. 20180257 Vehicle Immobilization Ordinance Motion to approve ordinance amendment to Article 9-4-110 entitled “Vehicle Immobilization Service” including authorization for the Mayor and City Clerk to execute same. 4. Parks, Recreation and Tourism: Michelle Cooper Kelly, Chairperson 5. Personnel/Insurance: Cheryl Richardson, Chairperson 6. Public Safety Committee: Reggie Copeland, Chairperson 7. Public Works Committee: Grif Chalfant, Chairperson OTHER BUSINESS: City of Marietta Page 8 Printed on 4/6/2018 4:29:38PM CITY COUNCIL Meeting Agenda April 11, 2018 20180250 V2018-10 [VARIANCE] MARIETTA CROSSING, LLC (CHANDLER SIGNS, LLC) Motion to approve variances for property located in Land Lot 1239, District 16, Parcel 0270, 2nd Section, Cobb County, Georgia, and being known as 50 Powers Ferry Road (aka 80 Powers Ferry Road), 1. Variance to waive the requirement that a billboard shall be regulated as a principal use. 2. Variance to allow a billboard within 500 feet of a residential zoning district. 3. Variance to allow a billboard to contain multiple faces, as long as the aggregate area of all faces does not exceed 672 square feet. 4. Variance to allow a billboard contain a 17’6”x 8’9” digital sign/electronic message board. 5. Variance to allow a billboard within 1,000-foot radius of other billboards. 6. Variance to increase the allowable height of a billboard to 75 feet from base of sign. 7. Variance to reduce the setbacks to construct the billboard at the property line along I-75. 8. Variance to allow a billboard on a parcel with other signage. 9. Variance to locate a billboard closer to a permanent structure than a distance equal to its height. 10. Variance to allow a billboard on property zoned MXD. City of Marietta Page 9 Printed on 4/6/2018 4:29:38PM CITY COUNCIL Meeting Agenda April 11, 2018 20180431 Proposed action to address Denmead St. road bed area bottle neck as to circulatory enhancement as to vehicular, bicycle, business site access, and pedestrian movement in this viable growth area Motion to obtain from current leasehold or fee simple interest a twenty year right of use of the dormant portion of Denmead St. for purpose of connecting with City’s Denmead St. property to reopen access from Dobbs St. to Mill St. In exchange, City to grant at City expense to all applicable grantors of property interest a twenty-year curb cut off “revitalized” Denmead St for “right and left turn” Entry into City parking lot and access thereto tying into existing parking roadway through current parking lot with existing curb cut on most Westerly portion of Dobbs. Further, the City to install, maintain and Marshall Smart Parking Monitors within existing adjacent City parking lot. Said Smart monitors shall be “3 hours for not to exceed $2.50” with no booting allowed at proper daily intervals with net proceeds to be invested in this developing area in possible Streetscape, under grounding utilities, and installing pedestrian bridge over Western Loop at Mill Street. Further, with net parking fees being used to fund revenue bond with DMDA to pay for proposed improvements. At end of ten years, option for all to extend 10 years. Requested by Mayor Tumlin 20180429 Marietta City’s Hands-Free Ordinance Motion to delete or confirm MARIETTA City’s Hands-Free Ordinance contingent on possible Georgia statewide Hands Free newly enacted law or lack thereof. Requested by Mayor Tumlin City of Marietta Page 10 Printed on 4/6/2018 4:29:38PM CITY COUNCIL Meeting Agenda April 11, 2018 20180458 Public Safety Committee Actions Motion to move forward the understood approved three (3) actions, individually stated, arising from the March 28, 2018 Special Called Public Safety Committee for consideration. 1. Approval of a motion to table the Marietta Safe Schools Ordinance until the April 24 Public Safety Committee meeting to allow for more collaboration between the Fire and Police Departments, School Superintendent, along with the Public Safety Committee. 2. Approval of a motion to hold a joint meeting between the Fire and Police Departments, School Superintendent, along with the Public Safety and Finance Committees, to discuss budget issues for the upcoming year. 3. Approval of a motion to direct any item, conference, event, conversation etc., related to Public Safety be brought to the attention of the Public Safety Committee. 20180444 BLW Actions of April 9, 2018 Review and approval of the April 9, 2018 actions and minutes of Marietta Board of Lights and Water. UNSCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes. ADJOURNMENT: City of Marietta Page 11 Printed on 4/6/2018 4:29:38PM