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, May 9, 2018 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Cheryl Richardson, Ward 1 PLEDGE OF ALLEGIANCE: PRESENTATIONS: PROCLAMATIONS: 20180546 Historic Preservation Month Mayor Tumlin presents a Proclamation to Steve Imler, Member of the Marietta Historic Preservation Commission recognizing May 2018 as Historic Preservation Month in the city of Marietta in conjunction with the celebration of National Historic Preservation Month. 20180555 Participation in “National Kids to Parks Day” Mayor Tumlin presents a Proclamation to Rich Buss recognizing the participation by the City of Marietta in “National Kids to Parks Day” on Saturday, May 19, 2018. ANNOUNCEMENTS OF GENERAL COMMUNITY INFORMATION BY THE MAYOR, COUNCIL AND/OR CITY MANAGER: City of Marietta Page 1 Printed on 5/9/2018 2:29:02PM CITY COUNCIL Meeting Agenda May 9, 2018 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: * 20180530 Regular Meeting - April 11, 2018 Review and approval of the April 11, 2018 regular meeting minutes. * 20180531 Special Meeting - April 24, 2018 Review and approval of the April 24, 2018 special meeting minutes. * 20180532 Special Meeting - April 25, 2018 Review and approval of the April 25, 2018 special meeting minutes. MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: * 20180493 Board of Zoning Appeals Appointment Reappointment of James A. Mills to the Board of Zoning Appeals (Ward 3) for a 3 year term, expiring May 13, 2021. ORDINANCES: City of Marietta Page 2 Printed on 5/9/2018 2:29:02PM CITY COUNCIL Meeting Agenda May 9, 2018 20180359 Z2018-16 [REZONING] GLOBAL US PROPERTIES INC Z2018-16 [REZONING] GLOBAL US PROPERTIES INC is requesting the rezoning of 1.3 acres located in Land Lot 1170, District 16, Parcel 1130, 2nd Section, Marietta, Cobb County, Georgia, and being known as 1686 Roswell Road from CRC (Community Retail Commercial) to OI (Office Institutional). Ward 7A. If Council approves the rezoning, the following variances and stipulation would be incorporated as conditions of zoning: · Variance to reduce the side and rear yard setback along the northeastern side of the existing building only. [§708.23 H.] · Variance to reduce the thirty (30) foot buffer on the northeastern side to twenty-five (25) feet for the existing curb line. [§708.23 I.] The Planning Commission recommends Approval as Stipulated. Mr. Diffley made a motion, seconded by Mr. Davis, to recommend approval as submitted. The motion carried 6 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 * 20180486 Envision LCI Award Contract Motion approving the contract from the Atlanta Regional Commission (ARC) accepting grant funds to conduct a major plan update of the Envision LCI. 2. Finance/Investment: Joseph R. Goldstein, Chairperson City of Marietta Page 3 Printed on 5/9/2018 2:29:02PM CITY COUNCIL Meeting Agenda May 9, 2018 * 20180450 Selection of Audit Firm Motion to authorize the execution of a contract between the City of Marietta and Nichols, Cauley & Associates, as the audit firm for financial auditors for fiscal year 2018 through fiscal year 2021. 3. Judicial/Legislative: G. A. (Andy) Morris, Chairperson * 20180478 Marietta Museum of History’s Collection Motion approving the request from the Marietta Museum of History for the permanent removal of items from its collection. * 20180479 Detailed Plan - Allgood Lawanna Motion to approve the attached detailed plan, including the site plan, landscape plan, and building elevations, for the 59 unit townhome development at 1214, 1244, 1250 Allgood Road; 1052 & 1062 Lawanna Drive; and 1355 Lincoya Drive, dated April 30, 2018 and signed by the applicant. 4. Parks, Recreation and Tourism: Michelle Cooper Kelly, Chairperson 20180334 Elizabeth Porter Park A motion approving the policies and adopting the fees for operation of the sprayground facility at Elizabeth Porter Park. * 20180484 Acceptance of a Donation from the Cobb Association of REALTORS A motion approving the acceptance of a donation in the amount of $2,400 from the Cobb Association of REALTORS for a swing bench to be located at Kirby Park, and the installation of a plaque on the structure to recognize the organization for their generosity. 5. Personnel/Insurance: Cheryl Richardson, Chairperson 6. Public Safety Committee: Reggie Copeland, Chairperson City of Marietta Page 4 Printed on 5/9/2018 2:29:02PM CITY COUNCIL Meeting Agenda May 9, 2018 * 20180427 Byrne Memorial Grant Award Motion regarding acknowledgement of the 2016 Byrne Memorial Grant Award of $36,658.00 awarded to the Marietta Police Department for the part-time Police Analyst Position. 7. Public Works Committee: Grif Chalfant, Chairperson * 20180353 Soaring Drive Speed Study Motion authorizing staff to proceed with next steps of the speed table policy. * 20180492 Williams Drive Parking Motion authorizing no parking and no standing signs to be installed along the acel/decel lanes at 425, 800, 840, and 850 Williams Drive. * 20180471 Title VI Program Documents Motion approving the Title VI Nondiscrimination Agreement and Assurances between the City of Marietta and the Georgia Department of Transportation for compliance with 23 CFR Part 200, Title VI of the Civil Rights Act of 1964, along with approval of the City of Marietta Title VI Policy and DBE Policy statements. Additionally, this motion appoints the Director of Human Resources and Risk Management as the City of Marietta Title VI Coordinator. OTHER BUSINESS: 20180361 HO2018-01 [SPECIAL LAND USE PERMIT - HOME OCCUPATION TYPE B] JOHN DOUGLAS WHITWORTH HO2018-01 [SPECIAL LAND USE PERMIT - HOME OCCUPATION TYPE B] JOHN DOUGLAS WHITWORTH is requesting a SLUP for a Home Occupation Type B and variances for property located in Land Lot 1088, District 16, Parcel 0850, 2nd Section of Cobb County, Marietta, Georgia and being known as 583 Chicasaw Drive. Request to establish a home occupation for music lessons and recording studio; variance to allow gravel as an acceptable driving surface; variance to reduce the rear yard setback from 30’ to 10.’ Ward 4B. City of Marietta Page 5 Printed on 5/9/2018 2:29:02PM CITY COUNCIL Meeting Agenda May 9, 2018 20180496 80 North Marietta Parkway-Cobb Landmarks & Historical Society, Inc. Motion to approve a Certificate of Approval for the relocation of a 19th century cabin to the Root House Museum property, 80 North Marietta Parkway and the reconstruction of a 19th century smokehouse on this same property according to the attached application and drawings. The Historic Board of Review made the following recommendation at their April 30, 2018 meeting: Board Chairman Lee made a motion to approve the Certificate of Approval for relocation and reconstruction of the cabin and smokehouse on the Root Museum property. The motion was seconded by Board member Paden. The motion carried by the following vote: 7-1-0 Board member Worden opposed. 20180563 Rescind “Hands Free Ordinance” Motion to approve the Ordinance to rescind Ordinance No. 8014 commonly known as the “Hands Free Ordinance”. Included in this Ordinance is the required waiver set forth in 1-4-040 (L) whereby the City Council gives its unanimous consent to authorize the adoption of this Resolution at this City Council meeting without the necessity of placing this matter on the following regular City Council meeting. (This waiver requires the unanimous consent of the City Council). 20180564 Stay of “Hands Free Ordinance” Motion to approve Resolution to Stay Ordinance No. 8014 adopted by the City Council on February 14, 2018 until July 1, 2018 including authorization for the Mayor and City Clerk to execute same. 20180535 Free Square Parking Motion “To Let it Be Known” that 2 blocks over is Free Square Parking on upper parking level of deck at City Hall especially for after 5:30 Thursday and Friday evenings and all day Saturday and Sunday and Special events. To use support notice of such with “signage”, directional and at entrance, City Web Page, and communications with Branding Project, DMDA, and Marietta Welcome Center. Requested by Mayor Tumlin City of Marietta Page 6 Printed on 5/9/2018 2:29:02PM CITY COUNCIL Meeting Agenda May 9, 2018 20180545 Election of District 3 West Officers for 2018-2019 Motion to approve the slate of officers for the GMA’s District 3 West Officers for the 2018-2019 year and authorizing to submit the attached ballet. 20180566 MEAG Power 2018 Annual Meeting Motion to approve travel expenses for Council members who wish to attend the 2018 MEAG Power Annual Meeting July 9-11, 2018 in Amelia Island, Florida. This motion includes the City Attorney. 20180565 MEAG Power 2018 Annual Election Voting Delegate Recommendation Motion to approve the recommendation from the Board of Lights and Water to appointment Michelle Cooper Kelly as the voting delegate and Ron Mull as the alternate delegate for the 2018 Municipal Electric Authority of Georgia (MEAG) Election. City of Marietta Page 7 Printed on 5/9/2018 2:29:02PM CITY COUNCIL Meeting Agenda May 9, 2018 * 20180573 686 Powder Springs Street Motion authorizing acquisition of a portion of property and easements at 686 Powder Springs Street from Realty Income Corporation for the purpose of constructing the Powder Springs Streetscape - Sandtown Rd to S Marietta Parkway Project in exchange for $12,600.00 and stipulations as listed below. 1. The driveway and temporary construction easements shall terminate upon the earlier of (a) one year from the start of construction on the property; or (b) completion of construction on the property. 2. Owner reserves the right to comment upon and negotiate the City’s proposed conveyance documents. 3. The City's Work shall be conducted in compliance with applicable laws and in conformity with engineering standards. The road work shall not impede pedestrian or vehicular access to/from the Property without prior coordination with the property owner and/or tenant or impair the visibility or otherwise impact any freestanding signage situated on the Property. 4. City, at its sole cost and expense, shall restore the Property to the condition as it existed prior to City’s entry onto the Property and performance of the City’s Work. Provided that Grantor gives Grantee notice within fifteen (15) days after the termination or expiration of the easement(s) specifying any deficiencies related to the performance of city work, city’s obligation to restore the property shall survive termination or expiration of the easement(s) and Grantee shall be given a reasonable time thereafter to correct the city’s performance of the work. The city reserves the right to comment upon any deficiencies. 5. Grantor makes no representations or warranties of any kind, either express or implied, with respect to the Property or condition thereof. 6. City accepts the Property as is, where is, with all faults. 7. Current plans indicate that the sign on the property will not be impacted. However, should the sign be impacted, Owner will provide a commercially reasonable quote for the City of Marietta to replace the sign in accordance with City Code requirements and City will pay the same to Owner, along with any reasonable additional costs actually expended upon completion of the sign repair or replacement work. * 20180574 68. S. Fairground Street Motion authorizing acquisition of a portion of property and easements at 68 S. Fairground Street from Terrell Michael Brand & Lenice Yvonne Brand Heaton for the purpose of constructing the Fairground St - South Marietta Parkway to Roswell Street (Fairground B) Project in exchange for $500.00. City of Marietta Page 8 Printed on 5/9/2018 2:29:02PM CITY COUNCIL Meeting Agenda May 9, 2018 * 20180575 313 Manget Street Motion authorizing acquisition of a portion of property and easements at 313 Manget Street from 313 Manget, LLC for the purpose of constructing the Manget Street Improvements - Manget Street at Lakewood Drive Project in exchange for $6,310.20 and the stipulations listed below: 1. Resod front yard with existing type of grass. 2. Resurface driveway from curb to rear corner of house * 20180533 BLW Actions of May 7, 2018 Review and approval of the May 7, 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 9 Printed on 5/9/2018 2:29:02PM