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, October 10, 2018 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Michelle Cooper Kelly, Ward 6 PLEDGE OF ALLEGIANCE: PRESENTATIONS: 20181083 Fire Prevention Week Poster Contest Winners Presented by Councilmember Johnny Walker Fire Department recognizing the 3rd grade students from each of the Marietta City Schools, who are the winners of the Fire Prevention Week poster contest and will announce the Grand Prize Winner. Lockheed - Alexa Torres Westside - Hayes Brigdon Sawyer Road - Karla Bridget Lopez Dunleith - Karen Calderon Hickory Hills - Jacob Swofford Park Street - Mikayla Campbell MCAA - Allison Cruz-Garcia AL Burrus - Jack Barnes City of Marietta Page 1 Printed on 10/10/2018 3:57:56PM CITY COUNCIL Meeting Agenda October 10, 2018 20181093 2018 Public Power & Clean Water Week Poster Contest Winners Presented by Councilmember Cheryl Richardson Michael Musser from Marietta Water with the assistance of Mayor Tumlin will be presenting the 2018 Public Power & Clean Water Week poster contest winners of Park Street Elementary. Public Power Contest Winners Name Teacher Grand Prize Myonna Campbell Hathaway 5th Grade 1st Luz Garcia Hathaway 5th Grade 2nd Genesis Paredes Olusegun 5th Grade 3rd Christopher Marquez Bechtel 4th Grade Clean Water Contest Winners Grand Prize Marlene Salazar Mendez Brook 5th Grade 1st Lizabeth Bernal Hathaway 5th Grade 2nd Vianey Moreno Hathaway 5th Grade 3rd Aleiah Larry Montgomery 4th Grade 20181081 Citizens’ Police Academy Graduates Presented by Councilmember Reggie Copeland Presentation of the Citizens’ Police Academy graduating class. Lisa Beveridge Allen Beveridge Brooke Boncimino Abigail Christensen Paul Davis Ryan Garcia David Hernandez Cynthia Jones Kristin Klausmeier Kathleen McCook William Paulsen Patricia Powers Justin Richmond Jody Traylor Dee Dee Whitmire Amy Valdez Read Williams 20181109 Recognition of Lt. Donnie Reed of the Marietta Fire Department Presented by Councilmember Michelle Cooper Kelly Recognition of Lt. Donnie Reed, of the Marietta Fire Department, for his nomination for the Cobb Chamber Public Safety Award. He was nominated for Exemplary Service, Commitment and Dedication to the Citizens of Cobb County. City of Marietta Page 2 Printed on 10/10/2018 3:57:56PM CITY COUNCIL Meeting Agenda October 10, 2018 20181110 Recognition of Officer Jayson Duncan of the Marietta Police Department Presented by Mayor Tumlin Officer Jayson Duncan, of the Marietta Police Department was awarded the Cobb Chamber Public Safety Employee of the Year Award. He was nominated for Exemplary Service, Commitment and Dedication to the Citizens of Cobb County. PROCLAMATIONS: ANNOUNCEMENTS OF GENERAL COMMUNITY INFORMATION BY THE MAYOR, COUNCIL AND/OR CITY MANAGER: SCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes. 20181092 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: * 20180988 Special Meeting - September 6, 2018 Review and approval of the September 6, 2018 special called meeting minutes. * 20181050 Regular Meeting - September 12, 2018 Review and approval of the September 12, 2018 regular meeting minutes. MAYOR’S APPOINTMENTS: (for informational purposes only) City of Marietta Page 3 Printed on 10/10/2018 3:57:56PM CITY COUNCIL Meeting Agenda October 10, 2018 20181064 Notice of Appointment Appointment of Council Member Richardson as Parliamentarian for a term commencing immediately on 9/25/18 through December 31, 2019 by Mayor pursuant to Roberts Rules of Order. Scope of Parliamentarian officer shall include individual committee meetings and City Attorney shall be Parliamentarian when appointed Parliamentarian is acting as Chair of a meeting. City Attorney shall be back up or render further advice to Parliamentarian, Mayor and Committee chairs from time to time as needed. This item is for notice purposes. 20181054 Marietta Historic Board of Review Mayor’s Appointment Appointment of Christopher G. Brown to the Marietta Historic Board of Review as the Mayor’s Appointment, for a two (2) year term, expiring October 10, 2020. CITY COUNCIL APPOINTMENTS: ORDINANCES: 20180859 Z2018-24 [REZONING] TRATON HOMES LLC Z2018-24 [REZONING] TRATON HOMES LLC is requesting the rezoning of 3.29 acres located in Land Lot 1289, District 16, Parcels 0730, 0580, 0290, 0250 & a portion of 0260; and Land Lot 288, District 17, a portion of Parcels 0340, 0370, 2nd Section, Marietta, Cobb County, Georgia, and being known as 208, 216, 230, 240, & a portion of 250 Frasier Street and a portion of 423 Atlanta Street from OI (Office Institutional) to PRD-SF (Planned Residential Development - Single Family). Ward 1A. If Council approves the rezoning, the following stipulation would be incorporated as conditions of zoning: Stipulations: 1. Letter of stipulations from Moore, Ingram, Johnson & Steele, to Shelby Little, Planning & Zoning Manager, for the City of Marietta, dated October 8, 2018. The Planning Commission recommends Approval as Stipulated Mr. Poor made a motion, seconded by Mr. Diffley, to recommend approval as stipulated and add a variance to reduce the minimum lot size requirement from 4,000 sq. ft. to 1,080 sq. ft. (footprint of the smallest unit). The motion carried 5 2 0. Chairman Kinney and Ms. McCrae opposed. Public Hearing (all parties are sworn in) City of Marietta Page 4 Printed on 10/10/2018 3:57:56PM CITY COUNCIL Meeting Agenda October 10, 2018 20180942 Z2018-26 [REZONING] A.B. BISHOP PROPERTIES LLC is requesting the rezoning of approximately 0.27 acres located in Land Lot 1241, District 16, Parcel 1040, 2nd Section, Marietta, Cobb County, Georgia, and being known as 135 Powers Ferry Road from CRC (Community Retail Commercial) to OI (Office Institutional). Ward 7A. If Council approves the rezoning, the following variances would be incorporated as conditions of zoning: Variances: 1. Variance to reduce the front setback for the existing building from 50’ to 40’. [§708.23 H] 2. Variance to increase maximum impervious surface area from 80% to 94%. [§708.23 H] 3. Variance to reduce the minimum lot size from 20,000 sq. ft. to 11,939 sq. ft. [§708.23 H] 4. Variance to waive Section 712.08, Tree Protection and Landscaping, and allow the existing vegetation to satisfy the requirements. The Planning Commission recommends Approval as Stipulated. Mr. Diffley made a motion, seconded by Mr. Davis, to recommend approval as zoned (CRC Community Retail Commercial) with an additional use to allow an assisted living facility and to waive the requirement for any additional vegetation. The motion carried 7 0 0. Public Hearing (all parties are sworn in) City of Marietta Page 5 Printed on 10/10/2018 3:57:56PM CITY COUNCIL Meeting Agenda October 10, 2018 20180948 Z2018-27 [REZONING & SPECIAL LAND USE PERMIT] PAUL KEITH (KELLY COMMUNICATION TOWERS, LLC) is requesting the rezoning of 1.7 acres located in Land Lot 1085, District 16, Parcel 0030, 2nd Section, Marietta, Cobb County, Georgia, and being known as 632 Kennesaw Avenue, from R-2 (Single Family Residential - 2 units/acre) to CRC (Community Retail Commercial) with a Special Land Use Permit for a telecommunications tower. Ward 4A. If Council approves the rezoning, the following variances would be incorporated as conditions of zoning: Variances: 1. Variance to increase the allowable tower height for four or more users under CRC zoning district from 120 feet to 180 feet. [§712.07 (B.11-Table C)] 2. Variance to locate a telecommunications tower within 360 ft. of residential structures and residentially zoned property. [§712.07 (B.1)] 3. Variance to reduce the buffer from 50 feet to 40 feet along the northwestern property line and allow the existing vegetated area to be counted as the landscaped buffer. [§712.07 (B.5.)] 4. Variance to allow a chain-link fence to be used within a buffer. [§712.07 (B.5)] 5. Variance to allow gravel as an acceptable driving surface. [§716.08 (B)] The Planning Commission recommends Denial. Mr. Anderson made a motion, seconded by Mr. Hunter, to recommend denial. The motion carried 6 1 0. Chairman Kinney opposed. Public Hearing (all parties are sworn in) RESOLUTIONS: CITY ATTORNEY'S REPORT: * 20181107 Denial of Claim Denial of Claim for LaKourdjai Lee-Lucas. * 20181120 Denial of Claim Denial of Claim for Ashlee Foster, Guardian and natural mother of Cali Foster, a minor. CITY MANAGER'S REPORT: MAYOR'S REPORT: City of Marietta Page 6 Printed on 10/10/2018 3:57:56PM CITY COUNCIL Meeting Agenda October 10, 2018 COMMITTEE REPORTS: 1. Economic/Community Development: Johnny Walker, Chairperson * 20181026 Addition of 550 Franklin Gateway to Gateway Marietta CID Motion authorizing consent for the addition of 550 Franklin Gateway to Gateway Marietta CID. * 20181056 Supplemental Project Framework Agreement (PFA) for Rottenwood Creek Trail Phase 2 Motion to accept additional grant funds for Rottenwood Creek Trail Phase 2 through the execution of the revised Supplemental Project Framework Agreement (PFA) with GDOT. 2. Finance/Investment: Joseph R. Goldstein, Chairperson 3. Judicial/Legislative: G. A. (Andy) Morris, Chairperson * 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. Second Reading * 20181053 Marietta Square Visitor Parking Passes Approval of an Ordinance deleting Section 9-4-060 of the Code of Marietta, Georgia, “Visitor Passes.” First Reading * 20181024 Final Plat - Marietta Township Motion to approve the final plat for Marietta Township, currently addressed at 838 Powder Springs Street and 313 Chestnut Hill Road. City of Marietta Page 7 Printed on 10/10/2018 3:57:56PM CITY COUNCIL Meeting Agenda October 10, 2018 * 20181028 Proposed Use Change - 1890 West Oak Parkway Motion to approve the request by Tiernan & Patrylo to change the original, allowable uses approved as part of Z-8539, West Oak, for 1890 West Oak Parkway from OI (Office Institutional) to LI (Light Industrial), with the following stipulation: 1. Outdoor storage of materials will be limited to the fenced area shown on the attached plan and that no materials be visible above the height of the opaque fence. * 20181025 Code Amendment - Article 7-8-8, Downtown Marietta Historic District Motion to approve an amendment to Article 7-8-8, Historic District to include exemptions and an appeal process. First Reading Council member Goldstein disclosed that he and/or his family members and/or entities he and/or his family members may own or have an interest in, own property in the Historic District. Council member Goldstein opposed. * 20181094 Code Amendment - Section 714.08, Downtown Marietta Sign District Motion to authorize staff to advertise changes to Section 714.08, Paragraph C, Marietta Historic Board of Review, regarding appeals. Council member Goldstein disclosed that he and/or his family members and/or entities he and/or his family members may own or have an interest in, own property in the Historic District. Council member Goldstein opposed. * 20181051 Establishment of Hearing Date for Appeal by County Dental Providers, Inc. Motion to set date and time of appeal hearing before the Mayor and Council based upon appeal filed by County Dental Providers, Inc. for October 30, 2018 at 7:00 p.m. * 20181003 Ethics Code Amendment Motion to approve the proposed amendments to Marietta Ethics Code Article 1-14-4-030, Receipt of complaints and Article 1-14-2-010(M), Definitions. Second Reading City of Marietta Page 8 Printed on 10/10/2018 3:57:56PM CITY COUNCIL Meeting Agenda October 10, 2018 20181023 Zoning Stipulation Amendment - 1151 Rockmann Terrace Motion to approve a request by James Marcellana, owner of 1151 Rockmann Terrace, to encroach within the 25’ landscaped buffer established as part of the original zoning stipulations for Rockford Township (Z2006-09) for a bocce ball court, with the following stipulation: 1. Four evergreen trees, either Cryptomeria or Magnolia and a minimum of five (5) feet in height, will be planted between the bocce ball court and the fence. 20181031 Revised Detailed Plan - Marietta Township Elevations Motion to approve a revision to the detailed plan for house elevations at Marietta Township, located at 838 Powder Springs Street and 313 Chestnut Hill Road, with the following language: 1. The homes in the community shall be traditional in nature, and consistent with the house elevations submitted and signed by David Weekley Homes and approved by the City of Marietta, dated October 10, 2018. 2. Design features, standards, and requirements incorporated in the homes shall be as follows: a. Mixture of materials with material changes taking place on the interior corners or where roof massing accommodates the change of materials. b. Window muntins appropriate to the style of the home on all four sides of the residence. c. Shutters deemed appropriate by the architecture on front and side elevations (and on the rear elevations where they can be seen from the public streets) of the homes. d. Mixture of the materials to continue, as appropriate onto the side and rear elevations. e. There shall be a maximum of 20 feet horizontally and vertically between architectural fenestration elements (windows, false shutters, change of material, etc.) per heated floor space. This will eliminate large expanses of a single material without a break and add architectural interest to the elevations. f. In the event of a disagreement as to being four-sided architecture, the City Manager of the City of Marietta, GA shall be the final arbiter of the plan meeting the criteria. g. Per Z2017-07 “applicant shall utilize carriage style garage doors on all homes.” 4. Parks, Recreation and Tourism: Michelle Cooper Kelly, Chairperson 5. Personnel/Insurance: Cheryl Richardson, Chairperson 6. Public Safety Committee: Reggie Copeland, Chairperson City of Marietta Page 9 Printed on 10/10/2018 3:57:56PM CITY COUNCIL Meeting Agenda October 10, 2018 20180931 City Hall Security Motion to approve Phase 1, which is hiring of two part-time police officers for the lobby during business hours, alarms for the glass doors in the Council Chambers, securing door in hallway to the back of the Council Chambers, and providing 2 police officers for all of the Committee Meetings, AWS & the Council Meetings, to enhance the security of City Hall and all employees. 7. Public Works Committee: Grif Chalfant, Chairperson * 20180937 Waterman Street Speed Study Motion authorizing the next steps of the Speed Table Policy process to conduct a public information meeting regarding proposed speed tables along Waterman Street. * 20181038 Keeler Woods Drive, Freyer Drive, and Seminole Drive Speed Limits Motion authorizing the installation of 25 mph speed limit signs on Freyer Drive, Keeler Woods Drive, and Seminole Drive. * 20181039 Soil Erosion, Sedimentation and Pollution Control Ordinance Motion authorizing revisions to the Soil Erosion, Sedimentation and Pollution Control Ordinance to make minor amendments to definitions and coastal marshland requirements as required by Georgia EPD and also waiving the requirement for a second reading as set forth in Section 1-4-040(L) of the City of Marietta Charter. * 20181040 Floodplain Management/Flood Damage Prevention Ordinance Motion authorizing revisions to the Floodplain Management/Flood Damage Prevention Ordinance to amend substantial improvement requirements as required by Georgia EPD and also waiving the requirement for a second reading as set forth in Section 1-4-040(L) of the City of Marietta Charter. * 20181041 Wilson Drive Parking Motion authorizing both sides of Wilson Drive to be signed for No Parking. City of Marietta Page 10 Printed on 10/10/2018 3:57:56PM CITY COUNCIL Meeting Agenda October 10, 2018 20181047 Bells Ferry Road Utilities Motion authorizing variance from the underground utilities ordinance allowing a new utility pole and service line at Manuel Place. This motion does not grant a perpetual variance. Georgia Power must relocate underground at their expense if other utilities at the location are moved underground. . * 20181058 Church Street Driver Speed Feedback Sign Motion authorizing the installation of one driver speed feedback sign on Church Street south of Hillside Drive to be funded using ward 4 safety funds. * 20181073 Speed Study at the Lakes at Stonegate Subdivision Motion authorizing a speed study to be performed on Frog Leap Trail, Eveningside Way, Lilly Pond Way, Canoe Ridge, and Brumley Lane. 20181059 Denmead Variance Motion authorizing a variance of the Underground Utility Ordinance Near Denmead Street. Council Member Goldstein discloses that members of his family or entities owned by them own property around Denmead Street. OTHER BUSINESS: * 20181011 Opioid Litigation Motion to approve Resolution authorizing the Mayor and Council for the City of Marietta to pursue legal action as is available against opioid manufacturers, distributors, and others as are necessary, either by itself or in concert with others, and to the full extent available under the law.. * 20181012 Retention Agreement for Opioid Litigation Motion approving retention agreement with J. Anderson Davis and his firm, Brinson, Askew, Berry, Seigler, Richardson & Davis, LLP, and its lawyers, who are designated to investigate, research, and prepare claims or complaint(s) to file in any appropriate Court or before any appropriate governmental agency as it relates to opioid litigation. City of Marietta Page 11 Printed on 10/10/2018 3:57:56PM CITY COUNCIL Meeting Agenda October 10, 2018 * 20181121 Second Amendment to Purchase Agreement Motion to approve Second Amendment to Purchase Agreement between the City of Marietta, Georgia to Drive Shack Marietta, LLC. * 20181122 Temporary Construction Easement Motion to approve Temporary Construction Easement between the City of Marietta to Drive Shack Marietta, LLC. * 20181123 Right of First Offer Agreement Motion to approve Right of First Offer Agreement between the City of Marietta and Drive Shack Marietta, LLC. * 20181105 Additional Screens for Viewing during Public Meeting Motion to direct staff to purchase and install two large flat panel monitors for installation in the City of Marietta Council Chambers. These monitors will be used to display agendas and motions being considered during all public meetings and used as necessary by the City Clerk for any functions necessary to ensure the efficient operations of such meetings. Requested by Mayor Tumlin * 20181057 Civil Service Board Election - Post 2 Motion to approve the certified Uncontested Election results for the Marietta Civil Service Board Post 2 vacancy, electing Edgar Darden Borders, II for a term of three years, effective January 1, 2019 and expiring on December 31, 2021. * 20181124 44 South Fairground Street Motion authorizing acquisition of an easement at 44 S. Fairground Street from Marietta Foreign Auto Parts for the purpose of constructing the Fairground St - South Marietta Parkway to Roswell Street (Fairground B) Project in exchange for $8,524.69 to include the replacement of the existing sign to current City Code. City of Marietta Page 12 Printed on 10/10/2018 3:57:56PM CITY COUNCIL Meeting Agenda October 10, 2018 * 20181125 300 Powder Springs Street Motion authorizing acquisition of a portion of property and an easement at 300 Powder Springs Street from Lea CVS Marietta, LLC for the purpose of constructing the Powder Springs Streetscape - Sandtown Rd to S Marietta Parkway Project in exchange for $17,384.00. * 20181126 306 S. Fairground Street and 310 S. Fairground Street Motion authorizing acquisition of a portion of property and an easement at 306 S. Fairground Street and 310 S. Fairground Street from Carney Holdings, LLC for the purpose of constructing the Fairground St - South Marietta Parkway to Roswell Street (Fairground B) Project in exchange for $18,200.00 (combined value). * 20181127 319 Manget Motion authorizing acquisition of a portion of property and easements at 319 Manget Street from 319 Manget, LLC for the purpose of constructing the Manget Street Improvements - Manget Street at Lakewood Drive Project in exchange for $10,696.80 and the stipulations listed below: 1. Resod front yard with existing type of grass. 2. Resurface driveway from curb to rear corner of house. * 20181128 344 Fairground Motion authorizing acquisition of a portion of property and an easement at 344 Fairground Street from AB Partners LP for the purpose of constructing the Fairground St - South Marietta Parkway to Roswell Street (Fairground B) Project in exchange for $ 2,500.00. * 20181129 577 Powder Springs Street Motion authorizing acquisition of a portion of property and an easement at 577 Powder Springs Street from Felix Roberto Lopez & Patricia Lopez for the purpose of constructing the Powder Springs Streetscape - Sandtown Rd to S Marietta Parkway Project in exchange for $25,440.00. City of Marietta Page 13 Printed on 10/10/2018 3:57:56PM CITY COUNCIL Meeting Agenda October 10, 2018 * 20181130 594 Powder Springs Street Motion authorizing acquisition of a portion of property and easements at 594 Powder Springs Street from Janice B. Miller for the purpose of constructing the Powder Springs Streetscape - Sandtown Rd to S Marietta Parkway Project in exchange for $62,000.00 and stipulations as listed below. 1. Cost to replace the existing ground-based monument sign and fence replacement cost including waiver of any fee to apply for permits related thereto in accordance with City Code. 2. Unless the parties agree otherwise, the slope easement for the driveway will be limited by the existing construction plans and the slope will not exceed the steepest current slope. 3. Unless the parties agree otherwise, the existing drain system will not be moved or otherwise modified so as to accept additional storm water, and will be consistent with existing plans. The storm drain will be restored to its pre-construction condition or replaced according to plans subject to my approval and not enlarged without additional compensation. 4. The City will cooperate with all contractors who replace the sign and fence in accordance with City Code. 5. The driveway will remain open and unobstructed one hour before and one hour after close of business. Business hours are 9:00 a.m. to 6:00 p.m. Monday, Wednesday, Friday, and Saturday. The business is closed Tuesday and Thursday. 6. All work to be communicated with owner and tenant. * 20181132 1083 Allgood Road Motion authorizing acquisition of a portion of property and an easement at 1083 Allgood Road from Gracelife Church for the purpose of constructing the Intersection -Allgood Road and Sawyer Road Project in exchange for $11,300.00 and the stipulations listed below: 1. During construction, regarding landscaping, the property owner would like to preserve any crepe myrtles that may be impacted by digging them up and returning to the property owner. * 20181052 BLW Actions of October 8, 2018 Review and approval of the October 8, 2018 actions and minutes of Marietta Board of Lights and Water. UNSCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes. City of Marietta Page 14 Printed on 10/10/2018 3:57:56PM CITY COUNCIL Meeting Agenda October 10, 2018 ADJOURNMENT: City of Marietta Page 15 Printed on 10/10/2018 3:57:56PM