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, July 11, 2018 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. 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 1 Printed on 7/10/2018 10:28:34AM CITY COUNCIL Meeting Agenda July 11, 2018 * 20180763 Executive Session Minutes Review and approval of the following executive session minutes: February 22, 2017 City Council Special Meeting Work Session March 6, 2017 Agenda Work Session March 8, 2017 Agenda Review Session March 29, 2017 City Council Special Meeting Work Session Council member Goldstein abstaining * 20180767 Regular Meeting - June 13, 2018 Review and approval of the June 13, 2018 regular meeting minutes. * 20180768 Special Meeting - June 26, 2018 Review and approval of the June 26, 2018 special meeting minutes. MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: 20180709 Ethics Committee - Council Appointment Reappointment of Susan Connor to the Ethics Committee (Council Appointment) for a term of two (2) years, expiring July 10, 2020. ORDINANCES: City of Marietta Page 2 Printed on 7/10/2018 10:28:34AM CITY COUNCIL Meeting Agenda July 11, 2018 20180623 Z2018-19 [REZONING] DMJ REAL ESTATE LLC Z2018-19 [REZONING] DMJ REAL ESTATE LLC is requesting the rezoning of approximately 0.28 acres located in Land Lot 1159, District 16, Parcel 0270, 2nd Section, Marietta, Cobb County, Georgia, and being known as 192 Church Street from OI (Office Institutional) to R-4 (Single Family Residential - 4 units/acre). Ward 3A. If Council approves the rezoning, the following variances and stipulation would be incorporated as conditions of zoning: 1. Variance to reduce the minimum lot width from 75’ to 74.96’. [§708.04 (H)] 2. Variance to increase the allowable impervious surface from 50% to 78%. [§708.04 (H)] 3. Variance to increase the allowable height for the existing structure only. Any new additions must comply with 35’ height limit. [§708.04 (H)] 4. Variance to reduce the major side yard setback along Ardis Street from 25’ to 11’. [§708.04 (H)] 5. Variance to reduce the minor side yard setback from 10’ to 2’. [§708.04 (H)] 6. Variance to reduce the setback for a wall and fence from 2’to 0’. [§710.04 (D.1)] 7. Variance to allow the existing gazebo (accessory structure) remain closer to the road than the house. [§708.04 (F.1)] 8. Variance to increase the area of the front yard allowed to be paved from 35% to 74%. [§716.08 (C.8)] 9. Variance to allow a curb cut to be 37’ wide and within 20’ of a property line. [§716.08 (C.8)] 10. Variance to reduce the 2’ setback along the right of way for a fence or wall to 0’ along Ardis Street. [§710.04 (D.4)] 11. Variance to allow a 6’ fence on top of a 2’ wall on a major side. [§710.04 (D.2)] The Planning Commission recommends Approval. Mr. Anderson 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) City of Marietta Page 3 Printed on 7/10/2018 10:28:34AM CITY COUNCIL Meeting Agenda July 11, 2018 20180601 Z2018-20 [REZONING] CITY OF MARIETTA Z2018-20 [REZONING] CITY OF MARIETTA is requesting the rezoning of 6.72 acres located in Land Lot 578, District 17, Parcel 0010, 2nd Section, Marietta, Cobb County, Georgia, and being known as 550 Franklin Gateway from CRC (Community Retail Commercial) to PCD (Planned Commercial Development). Ward 1A. If Council approves the rezoning, Planning Commission is requesting that any future detailed plans return to them for review as condition of zoning. The Planning Commission recommends Approval as Stipulated. Mr. Diffley made a motion, seconded by Ms. McCrae, to recommend approval as submitted with a request that any future detailed plans return to Planning Commission for review. The motion carried 7 0 0. Public Hearing (all parties sworn in) RESOLUTIONS: CITY ATTORNEY'S REPORT: CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: 1. Economic/Community Development: Johnny Walker, Chairperson * 20180684 FY19 CDBG Non-Profit Grant Recommendations Motion to approve the Fiscal Year 2019 CDBG Non-Profit Public Service Grants. 2. Finance/Investment: Joseph R. Goldstein, Chairperson 20180718 National League of Cities (NLC) Motion approving travel and training for Mayor and Council members who wish to attend the National League of Cities (NLC) City Summit in Los Angeles, CA, November 7 - 10, 2018. City of Marietta Page 4 Printed on 7/10/2018 10:28:34AM CITY COUNCIL Meeting Agenda July 11, 2018 20180779 MEAG Power Mayors Summit Motion approving travel and training for Mayor and Council members who wish to attend the MEAG Power Mayors Summit in Greensboro, GA, November 9 - 11, 2018. 3. Judicial/Legislative: G. A. (Andy) Morris, Chairperson * 20180734 Amendment to 1-12-150 - Appearance before the court of person served with charges; failure to appear; penalty. Motion to approve the ordinance to include language regarding offense jurisdiction and penalty. * 20180712 Model Home Ordinance Motion to authorize the advertisement of proposed updates to Section 726, Subdivision Regulations, including new regulations allowing model home permits. Council member Cooper Kelly & Council member Goldstein voting against * 20180713 Zoning Stipulation Change - 2168 Kingston Court Home2 Suites Motion to revise the zoning stipulations for 2168 Kingston Court. Marietta Hotel Investments LLC (Z2009-14), so as to amend paragraph No.3 of the stipulation letter from Garvis Sams of Sams, Larkin, Huff & Balli dated April 5, 2017 as stated: “3. Utilizing the existing structure (which once housed a Holiday Inn Hotel) and after expending over One-Half Million Dollars in remediation and abatement costs, the Home2 Suites by Hilton shall contain a maximum number of 148 rooms. Twenty-six (26) of those rooms shall be “regular” non-extended stay rooms.” And amended so as to delete the last sentence of the paragraph, as follows: “3. Utilizing the existing structure (which once housed a Holiday Inn Hotel) and after expending over One-Half Million Dollars in remediation and abatement costs, the Home2 Suites by Hilton shall contain a maximum number of 148 rooms. Twenty-six (26) of those rooms shall be “regular” non-extended stay rooms.” Council member Goldstein voting against * 20180729 State Law Change Regarding Sunday Alcohol Sales by the Drink Motion to approve a resolution calling for a referendum to determine whether to authorize retailers to sell distilled spirits or alcoholic beverages for consumption on premises on Sundays between the hours of 11:00 a.m. and 12:30 p.m., in qualified establishments. Council member Copeland voting against City of Marietta Page 5 Printed on 7/10/2018 10:28:34AM CITY COUNCIL Meeting Agenda July 11, 2018 20180737 Final Plat - Hedges Park Motion to approve the final plat for the Hedges Park development for seventy-eight (78) detached single-family homes at Hedges Street and West Dixie Avenue, zoned PRD-SF (Z2016-32). Approval of the final plat shall be contingent on an agreement between the City of Marietta and the developer of Hedges Park for the exchange of property addressed on #20180778. 20180778 Revocable License Agreement and Maintenance Agreement This Motion authorizes the exchange of properties between the City of Marietta and Calatlantic Homes of Georgia, Inc., based upon a finding of fact that the exchange is in the best interest of the public per the attached authorizing motion. 4. Parks, Recreation and Tourism: Michelle Cooper Kelly, Chairperson * 20180744 Art in the Park Festival Motion to authorize the 2018 Art in the Park festival to be a City sanctioned event. 5. Personnel/Insurance: Cheryl Richardson, Chairperson 6. Public Safety Committee: Reggie Copeland, Chairperson 7. Public Works Committee: Grif Chalfant, Chairperson * 20180717 Approval of Use of TAD Funds for Manget Neighborhood Improvements Motion to approve the use of $227,700.12 of Tax Allocation District Funds for Manget area improvements. Per Council Member Goldstein's disclosure letter dated January 2, 2018, Council Member Goldstein discloses that he owns property in the City Center South Renaissance Tax Allocation District. * 20180740 White Circle Truck Access Motion designating White Circle from the southern intersection with Cobb Parkway to Turner Road as a no through truck route. City of Marietta Page 6 Printed on 7/10/2018 10:28:34AM CITY COUNCIL Meeting Agenda July 11, 2018 * 20180764 Waterman Street Motion authorizing a traffic study to be performed on Waterman Street. OTHER BUSINESS: * 20180797 MEAG Bond Motion to approve the MEAG Power Bond Validation Documents, and to authorize the Mayor to sign on behave of the City. * 20180798 51 S. Fairground Street Motion authorizing acquisition of a portion of property and easements at 51 S. Fairground Street from H. Aymar Manning, Jr. & Judith H. Manning for the purpose of constructing the Fairground St - South Marietta Parkway to Roswell Street (Fairground B) Project in exchange for $4,600.00. * 20180799 602 Roswell Street Motion authorizing acquisition of easements at 602 Roswell Street from Wells Fargo, N.A. (fka First Union National Bank of Georgia) for the purpose of constructing the Fairground St - South Marietta Parkway to Roswell Street (Fairground B) Project in exchange for $800.00 and stipulations as listed. * 20180769 BLW Actions of July 5, 2018 Review and approval of the July 5, 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 7 Printed on 7/10/2018 10:28:34AM