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, December 12, 2018 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Cheryl Richardson, Ward 1 PLEDGE OF ALLEGIANCE: PRESENTATIONS: 20181249 2017 / 2018 Marietta High School Girls Cross Country Presented by Mayor Tumlin and Councilmember Michelle Cooper Kelly Introduction of the 2017/2018 Marietta High School Girls Cross Country State Champions. PROCLAMATIONS: ANNOUNCEMENTS OF GENERAL COMMUNITY INFORMATION BY THE MAYOR, COUNCIL AND/OR CITY MANAGER: SCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes. 20181333 Scheduled Appearance Scheduled Appearance - Larry Wills. City of Marietta Page 1 Printed on 12/11/2018 3:46:22PM CITY COUNCIL Meeting Agenda December 12, 2018 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: * 20181325 Regular Meeting - November 14, 2018 Review and approval of the November 14, 2018 regular meeting minutes. * 20181332 Executive Session Minutes Review and approval of the following executive session minutes: October 25, 2017 City Council Special Meeting Work Session Council members Goldstein and Richardson abstaining November 6, 2017 Agenda Work Session Council members Goldstein and Richardson abstaining December 11, 2017 Agenda Work Session Council members Goldstein and Richardson abstaining December 13, 2017 Agenda Review Session MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: ORDINANCES: City of Marietta Page 2 Printed on 12/11/2018 3:46:22PM CITY COUNCIL Meeting Agenda December 12, 2018 20181182 Z2018-31 [REZONING] ACFL2, INC (ARAMIS REALTY, LLC) Z2018-31 [REZONING] ACFL2, INC (ARAMIS REALTY, LLC) is requesting the rezoning of approximately 0.21 acres located in Land Lot 1143, District 16, Parcel 0370, 2nd Section, Marietta, Cobb County, Georgia, and being known as 508 Morningside Drive from OI (Office Institutional) to R-4 (Single Family Residential - 4 units/acre) with an additional use as a duplex. Ward 5A. If Council approves the rezoning, the following variances would be incorporated as conditions of zoning: Variances: 1. Variance to reduce the major side setback along the eastern property line from 25 feet to 21 feet. [§708.04 (H)] 2. Variance to reduce the front yard setback along the northern property line from 25 feet to 19 feet. [§708.04 (H)] 3. Variance to reduce the required parking spaces from 5 to 4. [§716.07 (E)] 4. Variance to allow a duplex on 0.21 acres. [§708.04 (H)] The Planning Commission recommends Approval as Stipulated. Mr. Diffley made a motion, seconded by Mr. Poor, to recommend approval as submitted striking variance #3, (variance to allow a gravel and grass surface for parking) and modifying variance #4 to reduce from 5 to 4, (variance to reduce the required parking spaces from 5 to 2). The motion carried 6-0-0. Public Hearing (all parties are sworn in) City of Marietta Page 3 Printed on 12/11/2018 3:46:22PM CITY COUNCIL Meeting Agenda December 12, 2018 20181183 Z2018-32 [REZONING] FAIRBURN TOWN & COUNTRY APARTMENTS, LTD (THE MOLASKY GROUP OF COMPANIES) Z2018-32 [REZONING] FAIRBURN TOWN & COUNTRY APARTMENTS, LTD (THE MOLASKY GROUP OF COMPANIES) is requesting the rezoning of approximately 13.52 acres located in Land Lot 941, District 16, Parcel 0030, 2nd Section, Marietta, Cobb County, Georgia, and being known as 1161 Bells Ferry Road from HI (Heavy Industrial) to LI (Light Industrial). Ward 4B. If Council approves the rezoning, the following stipulations would be incorporated as conditions of zoning: · Letter of stipulations from J. Kevin Moore of Moore Ingram Johnson & Steele to Shelby Little, Planning & Zoning Manager for the City of Marietta, dated December 10, 2018. The Planning Commission recommends Approval as Stipulated. Mr. Diffley made a motion, seconded by Mr. Poor, to recommend approval as submitted and site plan specific with the deletion of variance #4 (variance to eliminate portions of the 5 foot landscape strip/border on the northwestern side of the driveway leading to Old Highway 41) and change variance #6 to allow a 60 square foot directional sign. The motion carried 6-0-0. Public Hearing (all parties are sworn in) City of Marietta Page 4 Printed on 12/11/2018 3:46:22PM CITY COUNCIL Meeting Agenda December 12, 2018 20181184 Z2018-33 [REZONING] COBB COUNTY BOARD OF EDUCATION Z2018-33 [REZONING] COBB COUNTY BOARD OF EDUCATION is requesting the rezoning of approximately 3.65 acres located in Land Lot 359, District 17, Parcel 0200, 2nd Section, Marietta, Cobb County, Georgia and Land Lot 358, District 17, Parcel 0020, 2nd Section, Cobb County, Georgia, and being known as 514 (aka 540) Glover Street and a portion of 650 (aka 950) South Cobb Drive from LI (Light Industrial - City) and HI (Heavy Industrial - County) to LI (Light Industrial - City). Ward 1A. If Council approves the rezoning, the following variances would be incorporated as conditions of zoning: Variances: 1. Variance to increase the maximum Floor Area Ratio from 0.5 to 0.76. [§708.26 (H)] 2. Variance to increase the maximum impervious surface area from 75% to 85%. [§708.26 (H)] 3. Variance to reduce the side yard setback along the west side from 20’ to 7.’ [§708.26 (H)] 4. Variance to reduce the number of required parking for the site from 404 to 136 parking spaces, of which 33 are partially offsite. [§716.07] 5. Variance to waive the ten (10) planted border and street trees along Glover Street, as shown on the site plan. [§712.08 (G.2.a)] 6. Variance to allow more than twelve parking spaces in a row without a tree island, as identified on the site plan. [§712.08 (G.1.a)] 7. Variance to allow the site’s Tree Density Factor Deficit to be accommodate at an offsite location in lieu of a payment to the Tree Replacement Fund. [§712.08 (M)] 8. Variance to waive the 5’ sidewalk requirement along Glover Street. [§732.07] 9. Variance to exempt the property from the Commercial Corridor Design Overlay requirements. 10. Variance to allow use of ACM panels on the sides of a building facing a roadway. [§708.26 (G.2)] The Planning Commission recommends Approval as Stipulated. Mr. Diffley made a motion, seconded by Mr. Poor, to recommend approval as submitted with the following variances. The motion carried 6-0-0. Public Hearing (all parties are sworn in) City of Marietta Page 5 Printed on 12/11/2018 3:46:22PM CITY COUNCIL Meeting Agenda December 12, 2018 20181185 A2018-05 [ANNEXATION] COBB COUNTY BOARD OF EDUCATION A2018-05 [ANNEXATION] COBB COUNTY BOARD OF EDUCATION A2018-05 [ANNEXATION] COBB COUNTY BOARD OF EDUCATION is requesting the annexation of property located in Land Lot 358, District 17, Parcel 0020 of the 2nd Section, Cobb County, Georgia; addressed as a portion of 650 South Cobb Drive (aka 950 South Cobb Drive); and consisting of 0.66 acres. Ward 1A. The Planning Commission recommends Approval. Mr. Poor made a motion, seconded by Mr. Hunter to recommend approval as submitted. The motion carried 6-0-0. Public Hearing (all parties are sworn in) 20181186 CA2018-08 [CODE AMENDMENT] CA2018-08 [CODE AMENDMENT] In conjunction with the requested annexation of property located in Land Lot 358, District 17, Parcel 0020 of the 2nd Section, Cobb County, Georgia and addressed as a portion of 650 South Cobb Drive (aka 950 South Cobb Drive), the City of Marietta proposes to designate the Future Land Use of said property as IW (Industrial Warehousing). Ward 1A. The Planning Commission recommends Approval. Ms. McCrae made a motion, seconded by Mr. Anderson to recommend approval as submitted. The motion carried 6-0-0. Public Hearing (all parties are sworn in) RESOLUTIONS: CITY ATTORNEY'S REPORT: * 20181344 Denial of Claim Denial of Claim for Monique Coleman. CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: City of Marietta Page 6 Printed on 12/11/2018 3:46:22PM CITY COUNCIL Meeting Agenda December 12, 2018 1. Economic/Community Development: Johnny Walker, Chairperson 2. Finance/Investment: Joseph R. Goldstein, Chairperson 20181314 NLC Congressional City Conference Motion approving travel and training expenses for Council Members who wish to attend the NLC Congressional City Conference in Washington D.C., March 10-13, 2019. 3. Judicial/Legislative: G. A. (Andy) Morris, Chairperson * 20181312 Preliminary Plat - Oakton Motion to approve the preliminary plat for Oakton, located at 302 & 324 Saint Mary’s Lane. 20181155 Detailed Plan - 1825 Stilesboro Road Motion to approve the submitted detailed plan by Traton Homes for a 36-unit, single family detached subdivision (Z2018-25) with the following conditions: 1. Elevations showing all four sides of the homes, including material and height, will be submitted and approved by City Council prior to the issuance of any building permits for the homes. 2. Applicant will proceed with the configuration of the subdivision as submitted. Applicant will still adhere to Stipulation #14 of the stipulation letter that states “Applicant agrees to the placement of an historical marker at the site indicating historical significance as determined by the historical resource survey.” 3. A modular block wall be permitted within the 40-foot buffer along the southern property line. 4. As shown on the attached Tree Preservation and Replacement Plan, two staggered rows of a narrow species evergreen tree, minimum 6’ in height, will qualify as the adequate planting of a 40 foot buffer along the southern property line. 5. Aside from Stipulation #9, which only addresses buffer fencing along the southern property line, eliminate the requirement for fencing within all other buffers on the property. 6. The parallel and perpendicular parking spaces shown on the plan will be maintained by the homeowner’s association. City of Marietta Page 7 Printed on 12/11/2018 3:46:22PM CITY COUNCIL Meeting Agenda December 12, 2018 20181346 Detailed Plan - Frasier Street Townhomes Motion to approve the detailed plan submitted by Traton Homes for a 32-unit single family residential subdivision with the following conditions: 1. Elevations showing all four sides of the townhome buildings, including material and height, will be submitted and approved by City Council prior to the issuance of any building permits for the buildings. 2. Revise Stipulation #11 from Z2018-24 to exclude the provision of a community pavilion or gazebo within the development. 20181279 Attorney’s Fees Request from Councilman Copeland’s Attorney Motion to approve a recommendation to table consideration of a request for payment of attorney’s fees on behalf of Councilman Reggie Copeland related to an ethics complaint filed against Councilman Copeland but dismissed by the Ethics Committee. 4. Parks, Recreation and Tourism: Michelle Cooper Kelly, Chairperson * 20181283 2009 Parks Bond Projects Motion to approve reallocation and spending of the remaining 2009 Parks Bond funds as presented, with the attached spreadsheet, with the exception of West Dixie, Burruss and Wildwood Parks. * 20181282 2019 Farmer’s Market Motion to approve the annual request for street closures to conduct the 2019 Marietta Square Farmer’s Market, contingent on the approval from DMDA (Downtown Marietta Development Authority). 5. Personnel/Insurance: Cheryl Richardson, Chairperson 6. Public Safety Committee: Reggie Copeland, Chairperson * 20181226 Edward Byrne Memorial Grant Award Motion to approve an Ordinance amending the Fiscal Year 2018 Grant Fund for the Marietta Police Department to receive and appropriate a grant for the Edward Byrne Grant Award from the Department of Justice for $23,311.00 to purchase eight Mobile All-In-One Rapid-ID Evolution FBI FAP-30 Certified Devices. City of Marietta Page 8 Printed on 12/11/2018 3:46:22PM CITY COUNCIL Meeting Agenda December 12, 2018 * 20181278 Revisions & Additions to Marietta Police Department Policies Motion to approve the revisions and additions to the listed policies: A041 (Organizational Structure), A052 (Detention & Housing of Detainees), A090 (Court Procedures), A096 (Part Time Officer), E035 (Critical Response Team), P010 (Patrol Operations), P015 (Video & Audio Recording Equipment), T015 (Health & Wellness Program). 7. Public Works Committee: Grif Chalfant, Chairperson * 20181289 North Hillcrest and South Hillcrest Drive Speed Study Motion authorizing a speed study for North Hillcrest and South Hillcrest Drive. * 20181290 Hardage Farm Speed Study Motion to proceed with the next steps in the process, public information meeting and public hearing related to speed tables for Crossfire Ridge and Hardage Farm Drive. * 20181291 Winters Street Motion to authorize the closure of parking spaces along Winters Street between South Park Square and Anderson Street to be used for staging during the South Park Square Sidewalks project. Council Member Goldstein discloses that members of his family and/or entities owned by members of his family own property along Winters Street. * 20181292 Fee Schedule Changes Motion to approve a Resolution amending the City Fee Schedule to add a commercial building plan review fee. City of Marietta Page 9 Printed on 12/11/2018 3:46:22PM CITY COUNCIL Meeting Agenda December 12, 2018 * 20181297 68 N. Marietta Parkway Gas Line Easement Motion to approve the request by Atlanta Gaslight for an easement to install underground utility service across City owned property to service the new Marietta Market. Council Member Goldstein discloses that Marietta Square Market, LLC is a tenant of Philip M. Goldstein in another property. Council Member Goldstein further discloses that Philip M. Goldstein owns property around Denmead Street. Philip M. Goldstein is Council Member Goldstein's father. Council member Goldstein abstaining 20181293 68 N. Marietta Parkway Cable Easement Request by Comcast for an easement to install underground utility service across City owned property to service the new Marietta Market. Council Member Goldstein discloses that Marietta Square Market, LLC is a tenant of Philip M. Goldstein in another property. Council Member Goldstein further discloses that Philip M. Goldstein owns property around Denmead Street. Philip M. Goldstein is Council Member Goldstein's father. OTHER BUSINESS: * 20181360 1170 Allgood Road Motion authorizing acquisition of a portion of property and an easement at 1170 Allgood Road from Eastwood Baptist Church, Inc. for the purpose of constructing the Intersection -Allgood Road and Sawyer Road Project in exchange for $11,800.00 to include the stipulations listed below: 1. Due to safety concerns of the new configuration of the intersection, we believe we are going to need to hire an off duty police officer to direct traffic at our entrance on Sunday mornings. In discussion with the officer we have used in the past, his rate is $50/hr. Based on $50/hr. (52 weeks), we are requesting as additional $2,600.00 to cover the first years cost. This will give the church a sufficient amount of time to budget for future needs. City of Marietta Page 10 Printed on 12/11/2018 3:46:22PM CITY COUNCIL Meeting Agenda December 12, 2018 * 20181361 1172 Allgood Road Motion authorizing acquisition of a portion of property and an easement at 1172 Allgood Road from Eastwood Baptist Church, Inc. for the purpose of constructing the Intersection -Allgood Road and Sawyer Road Project in exchange for $9,200.00 to include the stipulations listed below: 1. We are requesting and additional $3,500.00 to have the poles replaced that will be taken down due to the construction. Our sign company informed us that once those poles are taken down, they cannot be used again due to being cemented 4ft. deep into the ground. You will see I marked through the portion of the invoice for removal of poles and we are only requesting the portion for replacement. * 20181362 557 Waterman Street Motion authorizing acquisition of a portion of property and easements at 557 Waterman Street from Azalea Holdings Group, LLC for the purpose of constructing the Fairground St - South Marietta Parkway to Roswell Street (Fairground B) Project in exchange for $700.00. * 20181363 465 Grogan Street Motion to authorize city staff and the city attorney to start the process of eminent domain for the acquisition of required right- of-way and easements at 465 Grogan Street from Grogan Family Residence Trust for the purpose of constructing the Manget Street Improvements - Manget Street at Lakewood Drive Project in exchange for $40,250.00. * 20181364 340 Lakewood Drive Motion authorizing acquisition of easements at 340 Manget Street from Thomas Tabor for the purpose of constructing the Manget Street Improvements - Manget Street at Lakewood Drive Project in exchange for $7,000.00. * 20181365 650 Powder Springs Street Motion authorizing condemnation for acquisition of a portion of property and an easement at 650 Powder Springs Street from Noble Realty, Inc. for the purpose of constructing the Powder Springs Streetscape - Sandtown Rd to S Marietta Parkway Project. City of Marietta Page 11 Printed on 12/11/2018 3:46:22PM CITY COUNCIL Meeting Agenda December 12, 2018 * 20181342 994 Roswell Street and 1010 Roswell Street Motion to approve Purchase and Sale Agreement between the City of Marietta, Georgia and Peachtree Asset Management, LLC for the sale and purchase of 994 Roswell Street and 1010 Roswell Street in the City of Marietta for the amount of $547,000.00 PUBLIC HEARING. Council member Kelly abstaining * 20181313 Nationwide 457(b) Deferred Compensation Agreement Motion to approve the updated administrative services agreement on the 457(b) deferred compensation plan with Nationwide. 20181347 Annual Financial Audit Report FY2018 Motion to receive and file the FY2018 Annual Financial Audit Report. * 20181326 BLW Actions of December 10, 2018 Review and approval of the December 10, 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 12 Printed on 12/11/2018 3:46:22PM