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, September 12, 2018 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Reggie Copeland, Ward 5 PLEDGE OF ALLEGIANCE: PRESENTATIONS: 20180979 Presentation for the Certificate of Achievement for Excellence in Financial Reporting Presentation of the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association of the United States and Canada for its Comprehensive Annual Financial Report (CAFR) for the Fiscal Year 2017 to Finance Director Sam Lady. Note this is the 30th consecutive year the City has received this award PROCLAMATIONS: 20180919 2018 Clean Water/Public Power Week Presentation of a Proclamation by Mayor Tumlin, presented to Heidi Dasinger on behalf of Marietta Power & Water. ANNOUNCEMENTS OF GENERAL COMMUNITY INFORMATION BY THE MAYOR, COUNCIL AND/OR CITY MANAGER: City of Marietta Page 1 Printed on 9/11/2018 3:28:42PM CITY COUNCIL Meeting Agenda September 12, 2018 SCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes. 20180990 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: * 20180945 Regular Meetings - August 8, 2018 Review and approval of the August 8, 2018 regular meeting minutes. 20180946 Executive Session Minutes Review and approval of the following executive session minutes: June 28, 2017 City Council Special Meeting Work Session July 6, 2017 Agenda Work Session July 26, 2017 City Council Special Meeting Work Session August 30, 2017 City Council Special Meeting Work Session Council member Goldstein abstaining MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: ORDINANCES: City of Marietta Page 2 Printed on 9/11/2018 3:28:42PM CITY COUNCIL Meeting Agenda September 12, 2018 20180755 Z2018-23 [REZONING] WAYMON AHART, TRUSTEE (THE STONEHAVEN SCHOOL INC) Z2018-23 [REZONING] WAYMON AHART, TRUSTEE (THE STONEHAVEN SCHOOL INC) is requesting the rezoning of approximately 3.77 acres located in Land Lot 02900, District 17, Parcel 0640, 2nd Section, Marietta, Cobb County, Georgia, and being known as 521 Atlanta Street from LI (Light Industrial) to OI (Office Institutional). Ward 1A. If Council approves the rezoning, the following variances and stipulation would be incorporated as conditions of the rezoning: Variances: 1. Variance to reduce the buffer adjacent to RA-6 from 30’ to 20.’ [§708.23 (I)] 2. Variance to disturb within the required buffer. [§710.05] 3. Variance to reduce the minimum lot acreage for a school from five (5) acres to 3.77 acres [§708.23 (B.20)]. 4. Variance to eliminate the 10’ planted border along Kings Court and provide sidewalk along Kings Court, as shown on the attached plan. [§712.08 (G.2.)], [§7712.09 (G.4.a.)] Stipulation: · Letter of stipulations from J. Kevin Moore, Moore, Ingram, Johnson & Steele, LLP, to Shelby Little, AICP, Planning & Zoning Manager for the City of Marietta, dated September 7, 2018. The Planning Commission recommends Approval as Stipulated. Mr. Anderson made a motion, seconded by Mr. Hunter, to recommend approval as with variances recommended by Staff and stipulation. The motion carried 5 0 0. Public Hearing (all parties are sworn in) City of Marietta Page 3 Printed on 9/11/2018 3:28:42PM CITY COUNCIL Meeting Agenda September 12, 2018 20180754 Z2018-22 [REZONING] ESTATE OF HELEN MARVINE HITT MEDFORD (LOYD DEVELOPMENT SERVICES) Z2018-22 [REZONING] ESTATE OF HELEN MARVINE HITT MEDFORD (LOYD DEVELOPMENT SERVICES) is requesting the rezoning of approximately 5.07 acres located in Land Lot 799, District 16, Parcel 0020, 2nd Section, Marietta, Cobb County, Georgia, and being known as 1691 Bells Ferry Road from R-2 (Single Family Residential - 2 units/acre) to RA-8 (Single Family Residential Attached - 8 units/acre). Ward 5B. If Council approves the rezoning, the following stipulation would be incorporated as conditions of zoning: 1. Letter of stipulations from Sams, Larkin, Huff & Balli, to Shelby Little, Planning & Zoning Manager for the City of Marietta, dated September 6, 2018. The Planning Commission recommends approval as stipulated. Mr. Poor made a motion, seconded by Mr. Diffley, To recommend approval as stipulated. The motion carried 7-0-2. Public Hearing (all parties are sworn in) 20180857 Z2018-25 [REZONING] JOANNE S. MERSEREAU (TRATON HOMES LLC) Z2018-25 [REZONING] JOANNE S. MERSEREAU (TRATON HOMES LLC) is requesting the rezoning of 11.15 acres located in Land Lot 251, District 20, Parcel 0070, 2nd Section, Marietta, Cobb County, Georgia, and being known as 1825 Stilesboro Road from R-20 (Single Family Residential) in Cobb County to PRD-SF (Planned Residential Development - Single Family) in the City. Ward 4C. If Council approves the rezoning, the following stipulations would be incorporated as conditions of zoning: · Letter of stipulations from Moore, Ingram, Johnson & Steele, to Shelby Little, Planning & Zoning Manager for the City of Marietta, dated September 7, 2018. The Planning Commission recommends approval as stipulated. Mr. Diffley made a motion, seconded by Mr. Anderson, to recommend approval as submitted including the August 31, 2018 stipulation letter from Moore, Ingram, Johnson & Steele. The motion carried 6 0 0. Public Hearing (all parties are sworn in) City of Marietta Page 4 Printed on 9/11/2018 3:28:42PM CITY COUNCIL Meeting Agenda September 12, 2018 20180858 A2018-03 [ANNEXATION] JOANNE S. MERSEREAU (TRATON HOMES LLC) A2018-03 [ANNEXATION] JOANNE S. MERSEREAU (TRATON HOMES LLC) is requesting the annexation of property located in Land Lot 251, District 20, Parcel 0070 (also known as 1825 Stilesboro Road) and all required right of way, of the 2nd Section, Cobb County, Georgia consisting of 11.15 acres. Ward 4C. The Planning Commission recommends approval. Mr. Anderson 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) 20180866 CA2018-05 [CODE AMENDMENT] CA2018-05 [CODE AMENDMENT] In conjunction with the requested annexation of property in Land Lot 251, District 20, Parcel 0070, 2nd Section, Marietta, Cobb County, Georgia, and being known as 1825 Stilesboro Road, 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. Davis made a motion, seconded by Ms. McCrae to recommend approval as submitted. The motion carried 6 0 0. Public Hearing (all parties are sworn in) 20180712 CA2018-04 [CODE AMENDMENT] - MODEL HOME ORDINANCE CA2018-04 [CODE AMENDMENT] Proposal to amend the Comprehensive Development Code of the City of Marietta, Division 726, Subdivision Regulations. The Planning Commission recommends approval. Mr. Davis made a motion, seconded by Mr. Diffley, to recommend approval as submitted. The motion carried 6 0 0. Public Hearing (all parties are sworn in) RESOLUTIONS: CITY ATTORNEY'S REPORT: City of Marietta Page 5 Printed on 9/11/2018 3:28:42PM CITY COUNCIL Meeting Agenda September 12, 2018 * 20180909 Denial of Claim Denial of Claim for Cornelius Bell. * 20180953 Denial of Claim Denial of Claim for Karen Brown. * 20180999 Denial of Claim Denial of Claim for Diane Brown Renfrow. * 20181002 Denial of Claim Denial of Claim for Skylar Larmore. CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: 1. Economic/Community Development: Johnny Walker, Chairperson * 20180921 Marietta University Enhancement District (MU2) LCI 5-Year Update Motion to adopt the Marietta University Enhancement District (MU2) LCI 5 Year Update. * 20180949 Silhouette Lighting MOU Motion to authorize MOU with DMDA for maintenance and expansion of silhouette lighting of silhouette light district. Council Member Goldstein discloses that members of his family or entities owned by them own property in and around the Marietta Square. This item may directly affect buildings owned by either family members or entities owned by family members by the placement of silhouette lighting on the facade of the buildings. 2. Finance/Investment: Joseph R. Goldstein, Chairperson City of Marietta Page 6 Printed on 9/11/2018 3:28:42PM CITY COUNCIL Meeting Agenda September 12, 2018 * 20180912 21st Century Community Learning Centers Grant Motion to approve the 21st Century Community Learning Centers Grant Award for the YELLS program and the accompanying Budget Amendment. 3. Judicial/Legislative: G. A. (Andy) Morris, Chairperson 20180910 Final Plat - Promenade at the Square Phase 1 Motion to approve the request by Lennar for approval of the final plat for Phase 1 of the Promenade on the Square, formerly Wynhaven. A stop sign will be placed on both sides of Coral Street at the northern intersection with Senna Street for increased visibility. 20180913 Revised Detailed Plan - Promenade at the Square (Wynhaven) Motion to approve a revision to the approved (detailed) tree plan for Promenade at the Square, formerly Wynhaven. This change will allow the installation of tree-from evergreens, such as Foster Hollies, in front of the townhome units. The trees in front of the townhome units will be installed with root barriers as further described in Section 712.08 (G.3.) * 20180911 Final Plat - North Square Townhomes Phase 3 Motion to approve the request by GDCI GA 5, LP/Traton Homes for approval of the final plat for Phase 3 of North Square Townhomes on Canton Road. 20180811 Revised Detailed Plan - Harry’s Crossing Food Truck Events Motion to approve a revision to the detailed plan to allow food truck events at 50 Powers Ferry Road, zoned MXD, with the following restrictions: 1. No more than six (6) food trucks operating on the property at a time. 2. Food trucks may operate after sunset but no later than 10:00 p.m. (§8-12-27 (K.) 3. Music is limited to 11:00 a.m. to 8:00 p.m. on Sundays - Thursdays and 11:00 a.m. to 10:00 p.m. on Fridays and Saturdays. 4. Regular food truck events will no longer operate once a new anchor tenant (former Harry’s Farmer’s Market) receives a Certificate of Occupancy, or until the end of the current City Council term (2022). 4. Parks, Recreation and Tourism: Michelle Cooper Kelly, Chairperson City of Marietta Page 7 Printed on 9/11/2018 3:28:42PM CITY COUNCIL Meeting Agenda September 12, 2018 * 20180925 A Motion to Approve a Sanitary Sewer Easement at 1034 Franklin Gateway A motion to approve a request from Marietta Water for a temporary construction easement and a perpetual easement for the installation of a sanitary sewer for a parcel located in Land Lot 716 of the 4th District, 2nd Section of Cobb County, Georgia: more specifically described as a portion of the Franklin Gateway Sports Complex located at 1034 Franklin Gateway. * 20180926 A Motion to Approve a Sanitary Sewer Easement at 1096 Northchase Parkway A motion to approve a request from Marietta Water for a temporary construction easement and a perpetual sewer easement for the installation of a sanitary sewer for a parcel located in Land Lot 797 of the 4th District, 2nd Section of Cobb County, Georgia: more specifically described as a portion of land along Rottenwood Creek addressed as 1096 Northchase Pkwy. * 20180927 A Motion to Approve a Sanitary Sewer Easement at 2288 Powers Ferry Drive A motion to approve a request from Marietta Water for a temporary construction easement and a perpetual sewer easement for the installation of a sanitary sewer for a parcel located in Land Lot 788 of the 4th District, 2nd Section of Cobb County, Georgia: more specifically described as a portion of land along Rottenwood Creek addressed as 2288 Powers Ferry Drive. 5. Personnel/Insurance: Cheryl Richardson, Chairperson * 20180901 2019 Employee Group Benefits Program Administration Motion approving the renewal of group health and dental plan administration with Anthem Blue Cross and Blue Shield, the renewal of the Medicare Advantage plan with Humana Inc. for Medicare-eligible retirees, the renewal of the pharmacy benefit management services with PharmAvail, and the renewal of the administrative services agreements with all employee-funded ancillary providers for calendar year 2019. * 20180902 2019 Flexible Benefit Plan Motion approving the 2019 Flexible Benefit Plan, Summary Plan Description, and the increase of the maximum allowable health contribution from $2,600 to $2,650 with Total Administrative Services Corporation (TASC). City of Marietta Page 8 Printed on 9/11/2018 3:28:42PM CITY COUNCIL Meeting Agenda September 12, 2018 * 20180903 Amending Consolidated Retirement Plan Approval of an ordinance from the Pension Board amending Article III, Section 1 of the Consolidated Retirement Plan for the Employees of the City of Marietta, Georgia (Exhibit B to Chapter 4-12), regarding the definition of participation. First reading 6. Public Safety Committee: Reggie Copeland, Chairperson * 20180904 Revisions to MPD Policies Motion to approve the revisions to listed Marietta Police Department policies: A044 (Uniforms & Equipment), A045 (Time Control), A075 (Critical Incident Stress Management - NEW POLICY), A082 (Evaluations), A085 (Promotions), E010 (SWAT), E016 (Active Threats), S020 (Canine), S041 (Gang Abatement Program - NEW POLICY), T040 (Firearms Regulations) 20180931 City Hall Security A motion authorizing the hiring of part-time police officers and the purchase of a portable metal detector to enhance the security of City Hall. 7. Public Works Committee: Grif Chalfant, Chairperson * 20180934 No Parking Sign on Winn Street Motion to remove the No Parking Zone from the Winn Street frontage of 144 Whitlock Avenue. * 20180935 Amy Drive Speed Study Motion authorizing the installation of two driver speed feedback signs on Amy Drive to be funded by Ward 1 Safety Funds. * 20180936 Skyview Speed Study Motion authorizing the installation of two driver speed feedback signs on Skyview Drive to be funded by Ward 1 Safety Funds. . City of Marietta Page 9 Printed on 9/11/2018 3:28:42PM CITY COUNCIL Meeting Agenda September 12, 2018 * 20180947 Restriping on North Marietta Parkway near Elizabeth Porter Park Motion authorizing the restriping of North Marietta Parkway to convert a portion of the westbound left turn lane approaching Cole Street to an eastbound left turn lane for properties along the north side of North Marietta Parkway. City staff is to coordinate with GDOT on this request. * 20180951 Hardage Farm Drive and Cross Fire Ridge Motion authorizing a speed study to be performed on Hardage Farm Drive and Cross Fire Ridge. . * 20180989 Soaring Ridge Speed Tables Motion authorizing Public Works to send ballots to the residents of Eagle Ridge Subdivision to determine support for speed tables along Soaring Drive. OTHER BUSINESS: 20180860 V2018-44 [VARIANCE] FREEMAN GROWTH LLC is requesting variances for property located in Land Lots 1019, 1020, & 1069, District 16, Parcel 0190, 2nd Section, Cobb County, Georgia, and being known as 787 Horizon Lane (aka 720 Wilshire Ave), currently zoned LI (Light Industrial). 1. Request to modify original zoning stipulations from Z-9812; 2. Variance to disturb and reduce the required buffer adjacent to the properties zoned R-4 to the west from 50’ to 10’; 3. Variance to classify the access road within the development as a private driveway, and not a private street; 4. Variance to allow commercial access from a residential street; 5. Variance to waive the requirement that a non-residential development containing greater than 51,000 gross sq. ft. have at least two access points to arterial or collector street; 6. Variance to waive the required planted strip/border areas along I-75 and improved accessways; 7. Variance to receive density credit for apple trees and allow apple trees in the buffer and parking lot; 8. Variance to allow curb and gutter on only one side of access road; 9. Variance to allow parking on the billboard parcels. Public Hearing (all parties are sworn in) City of Marietta Page 10 Printed on 9/11/2018 3:28:42PM CITY COUNCIL Meeting Agenda September 12, 2018 20180816 V2018-38 [VARIANCE] MCDONALD’S CORP (AXIS INFRASTRUCTURE) V2018-38 [VARIANCE] MCDONALD’S CORP (AXIS INFRASTRUCTURE) are requesting variances for property located in Land Lot 1224, District 16, Parcel 0310, 2nd Section, Cobb County, Georgia, and being known as 778 Whitlock Avenue, currently zoned CRC (Community Retail Commercial). 1. Variance to increase the maximum setback from 75 feet to 83 feet; 2. Variance to reduce the required points in the site design optional element category from 50% to 48%; 3. Variance to decrease the minimum building height from 18 feet to 16 feet; 4. Variance to reduce the required sidewalk width from 6 feet to 5 feet along Whitlock Avenue and Mountain View Road; 5. Variance to allow a freestanding sign on a property line that abuts the public right-of-way of a distance less than 75 feet; 6. Variance to allow an accessory structure (dumpster) to remain 6 feet from the side and 7 feet from the rear property lines. Public Hearing (all parties are sworn in) 20181003 Ethics Code Amendment Motion to approve proposed amendments to Marietta Ethics Code Article 1-14-4-030, Receipt of complaints and waiving the requirement for a second reading as set forth in Section 1-4-040(L) of the City of Marietta Charter. Requested by Mayor Tumlin 20181005 Retreat for City Council Members Motion to approve retreat for City Council Members with a professional facilitator as the guide. Requested by Councilmember Copeland UNSCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes. ADJOURNMENT: City of Marietta Page 11 Printed on 9/11/2018 3:28:42PM