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, June 12, 2019 7:00 PM Council Chamber DRAFT CALL TO ORDER: INVOCATION: PLEDGE OF ALLEGIANCE: PRESENTATIONS: 20190521 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 2018 to Finance Director Sam Lady. Note this is the 31st consecutive year the City has received this award PROCLAMATIONS: ANNOUNCEMENTS OF GENERAL COMMUNITY INFORMATION BY THE MAYOR, COUNCIL AND/OR CITY MANAGER: SCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes. City of Marietta Page 1 Printed on 6/10/2019 11:15:08AM CITY COUNCIL Meeting Agenda June 12, 2019 20190515 Scheduled Appearance Scheduled Appearance - Grant Brown 20190561 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: 20190552 Regular Meeting - May 8, 2019 Review and approval of the May 8, 2019 regular meeting minutes. MAYOR’S APPOINTMENTS: (for informational purposes only) 20190574 Marietta Housing Authority Appointment Reappointment of J. Larry Stevens to the Marietta Housing Authority for a term of five (5) years expiring on May 29, 2024. 20190575 Marietta Housing Authority Appointment Reappointment of Chervonta "Taye" Pugh to the Marietta Housing Authority Board for a one-year term expiring May 29, 2020. CITY COUNCIL APPOINTMENTS: ORDINANCES: 20190017 Z2019-06 [REZONING] POLK STREET RESIDENTIAL LLC Z2019-06 [REZONING] POLK STREET RESIDENTIAL LLC is requesting the rezoning of 8.96 acres located in Land Lot 1224, District 16, Parcels 0530, 0430, 0460, 0420, 0450, 0480, & 1000 of the 2nd Section, Cobb County, Georgia, and being known as 807, 811, 819, 871, 875, & 931 Polk Street, and 103 Mountain View Road from R-1 (Single Family Residential/Agriculture) and R-4 (Single Family Residential - 4 units/acre) to PRD-SF (Planned Residential Development - Single Family). Ward 3A. City of Marietta Page 2 Printed on 6/10/2019 11:15:08AM CITY COUNCIL Meeting Agenda June 12, 2019 20190292 Z2019-13 [REZONING] DARRELL BULLOCK Z2019-13 [REZONING] DARRELL BULLOCK is requesting the rezoning of approximately 0.41 acres located Land Lot 1160, District 16, Parcels 0580 & 1070 of the 2nd Section, Cobb County, Georgia and being known as 291 Lemon Street from NRC (Neighborhood Retail Commercial) to NRC (Neighborhood Retail Commercial) with an additional use for vehicle leasing. Ward 5A. If Council approves the rezoning, the following variance would be incorporated as condition of zoning: 1. Variance to allow gravel as an acceptable parking surface [§716.08 (B)]. 20190296 Z2019-16 [REZONING] SIX POINTS HOMES, LLC (LAWRENCE R. HARRIS, JR. & EDDIE A. FRITZ) Z2019-16 [REZONING] SIX POINTS HOMES, LLC (LAWRENCE R. HARRIS, JR. & EDDIE A. FRITZ) are requesting the rezoning of 0.759 acres located in Land Lot 1234, District 16, Parcels 0340, 0350, & 0970 of the 2nd Section, Cobb County, Georgia, and being known as 127, 135, & 141 South Avenue from CRC (Community Retail Commercial) to PRD-SF (Planned Residential Development - Single Family). Ward 1A. If Council approves the rezoning, the following stipulations would be incorporated as conditions of zoning: · Letter of stipulations from J. Kevin Moore, Moore Ingram, Johnson & Steele, LLP to Shelby Little, Planning & Zoning Manager for the City of Marietta, dated June 4, 2019. 20190435 Z2019-19 [REZONING] Traton Homes, LLC (Hartwood investments llc) Z2019-19 [REZONING] Traton Homes, LLC (Hartwood investments llc) is requesting the rezoning of 9.58 acres located in Land Lot 505, District 17, Parcel 0170 and Land Lot 1282, District 16, Parcels 0720, 0710, 0700, & 0690 of the 2nd Section, Cobb County, Georgia, and being known as 315 Frey’s Gin Road; 1222, 1230, 1238, & 1246 Banberry Road from LI (Light Industrial) and R-4 (Single Family Residential - 4 units/acre) to PRD-SF (Planned Residential Development Single Family). Ward 7A. If Council approves the rezoning, the following stipulations would be incorporated as conditions of zoning: · Letter of stipulations from J. Kevin Moore, Moore Ingram, Johnson & Steele, LLP to Shelby Little, Planning & Zoning Manager for the City of Marietta, dated June 4, 2019. City of Marietta Page 3 Printed on 6/10/2019 11:15:08AM CITY COUNCIL Meeting Agenda June 12, 2019 RESOLUTIONS: CITY ATTORNEY'S REPORT: 20190542 Denial of Claim Denial of Claim for 4062 Kingston Court, LLC. CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: 1. Economic/Community Development: Johnny Walker, Chairperson 2. Finance/Investment: Joseph R. Goldstein, Chairperson * 20190454 MEAG Power 2019 Annual Meeting Motion to approve travel expenses for Council members who wish to attend the 2019 MEAG Power Annual Meeting July 8-10, 2019 in Amelia Island, Florida. This motion includes the City Attorney. City of Marietta Page 4 Printed on 6/10/2019 11:15:08AM CITY COUNCIL Meeting Agenda June 12, 2019 20190467 Adoption of Recommended Budget for FY2020 Motion to approve an Ordinance adopting an Annual Budget for the fiscal year beginning July 1, 2019 and ending June 30, 2020, for the various funds of the City of Marietta and enacting the tentative Ad Valorem tax levies for said fiscal year for support of the City of Marietta governmental operations and other public purposes, and debt service obligations. Per the disclosure letter dated January 2, 2018, Council member Goldstein will not be participating in any discussion of vote of the use of the City Center South Renaissance Tax Allocation District funds in the budget in his official capacity as a City Council Member. Council Member Goldstein discloses that The Earl Smith Strand Theatre rents space owned by the Herbert S. Goldstein Family Limited Partnership. The Herbert S. Goldstein Family Limited Partnership is owned and managed by members of Council Member Goldstein's family. Council Member Goldstein will not participate in any discussion or vote on this item in his official capacity as a city council member. Council Member Goldstein discloses that GA Metro Dance Theatre is located in space rented by Billy and Lisa Toups and owned by the PMG Whitlock Ave, LLC. PMG Whitlock Ave, LLC is owned and managed by Philip M. Goldstein. Philip Goldstein is the father of Council Member Goldstein. Council Member Goldstein will not participate in any discussion or vote on this item in his official capacity as a city council member. Council Member Goldstein discloses that the Atlanta Lyric Theatre rents space owned by Philip M. Goldstein. Philip Goldstein is the father of Council Member Goldstein. Council Member Goldstein will not participate in any discussion or vote on this item in his official capacity as a city council member. Council Member Goldstein discloses that Actors Theatre of GA performs shows in space rented by Raul Thomas and owned by Philip M. Goldstein. Philip Goldstein is the father of Council Member Goldstein. While not required, Council Member Goldstein chooses to abstain on this item. Council Member Goldstein discloses that he is on the board of the Marietta Welcome Center representing the City of Marietta. 3. Judicial/Legislative: G. A. (Andy) Morris, Chairperson City of Marietta Page 5 Printed on 6/10/2019 11:15:08AM CITY COUNCIL Meeting Agenda June 12, 2019 * 20190240 Polling Location Change Motion to approve an Ordinance amending Section 1-6-080 of the Marietta Code of Ordinances to change the polling locations for Wards 1A and 2B. Second Reading * 20190485 Zoning Stipulation Amendment (Z2015-32) - Scarlet Oaks Motion to approve the request by Kraft Mark Homes, LLC to replace stipulation #2 from Z2015-32 to the following: 2. No more than one (1) home shall be rented at any given time and with the following conditions: a. All new homeowners must live in the residence for a minimum of three months before the residence may be rented to discourage purchases made solely as rental property; b. Homeowners must receive approval from the Scarlet Oaks Homeowner’s Association and provide tenant’s name and contact information before leasing the property; c. A minimum lease period of thirty (30) days to avoid short-term rentals and high community turnover; d. Tenant compliance with community standards as part of the lease agreement with HoA authority to evict a non-compliant tenant. 20190488 Final Plat - Heritage Ridge Motion to approve the final plat for Heritage Ridge at 1725 White Circle with the condition that the Homeowner’s Association be responsible for maintenance of the parking spaces partially within the right-of-way and a note will be included on the final plat. Council Member Goldstein Opposed 4. Parks, Recreation and Tourism: Michelle Cooper Kelly, Chairperson City of Marietta Page 6 Printed on 6/10/2019 11:15:08AM CITY COUNCIL Meeting Agenda June 12, 2019 * 20190486 FY2020 Tourism Grants Motion to approve the grant amounts presented for each tourism organization, along with the Welcome Center Contract. The Earl Smith Strand Theatre $66,000 Cobb NAACP Juneteenth $10,000 GA Metro Dance Theatre $18,000 Georgia Symphony Orchestra $15,000 Marietta/Cobb Museum of Art $90,000 Marietta Museum of History $162,000 Marietta Square Branding Project $12,000 Old Zion Baptist Church Heritage Museum $10,000 The Georgia Ballet $3,000 Marietta Gone with The Wind Museum $55,000 City Staff Request - Vapor Wake Dog $9,000 City Staff Request - City Services $132,000 Marietta Business Association (Art in Park) $16,000 NEW REQUESTS Cobb Landmarks $20,000 Marietta Arts Council $12,000 Actors Theatre of GA $5,000 Atlanta Lyric Theatre $10,000 Marietta Welcome Center $300,000 Marietta Fire Museum $8,000 City Marketing Budget for Museums, etc. $24,000 Council Member Goldstein discloses that The Earl Smith Strand Theatre rents space owned by the Herbert S. Goldstein Family Limited Partnership. The Herbert S. Goldstein Family Limited Partnership is owned and managed by members of Council Member Goldstein's family. Council Member Goldstein will not participate in any discussion or vote on this item in his official capacity as a city council member. Council Member Goldstein discloses that GA Metro Dance Theatre is located in space rented by Billy and Lisa Toups and owned by the PMG Whitlock Ave, LLC. PMG Whitlock Ave, LLC is owned and managed by Philip M. Goldstein. Philip Goldstein is the father of Council Member Goldstein. Council Member Goldstein will not participate in any discussion or vote on this item in his official capacity as a city council member. Council Member Goldstein discloses that the Atlanta Lyric Theatre rents space City of Marietta Page 7 Printed on 6/10/2019 11:15:08AM CITY COUNCIL Meeting Agenda June 12, 2019 owned by Philip M. Goldstein. Philip Goldstein is the father of Council Member Goldstein. Council Member Goldstein will not participate in any discussion or vote on this item in his official capacity as a city council member. Council Member Goldstein discloses that Actors Theatre of GA performs shows in space rented by Raul Thomas and owned by Philip M. Goldstein. Philip Goldstein is the father of Council Member Goldstein. While not required, Council Member Goldstein chooses to abstain on this item. Council Member Goldstein discloses that he is on the board of the Marietta Welcome Center representing the City of Marietta. City of Marietta Page 8 Printed on 6/10/2019 11:15:08AM CITY COUNCIL Meeting Agenda June 12, 2019 20190543 Recommended FY20 Tax Allocation District and Tourism Budgets Motion to approve an Ordinance adopting an Annual Budget for the fiscal year beginning July 1, 2019 and ending June 30, 2020, for the various funds of the City of Marietta related to the Tax Allocation Districts (TAD) and Tourism Grants. Per the disclosure letter dated January 2, 2018, Council member Goldstein will not be participating in any discussion of vote of the use of the City Center South Renaissance Tax Allocation District funds in the budget in his official capacity as a City Council Member. Council Member Goldstein discloses that The Earl Smith Strand Theatre rents space owned by the Herbert S. Goldstein Family Limited Partnership. The Herbert S. Goldstein Family Limited Partnership is owned and managed by members of Council Member Goldstein's family. Council Member Goldstein will not participate in any discussion or vote on this item in his official capacity as a city council member. Council Member Goldstein discloses that GA Metro Dance Theatre is located in space rented by Billy and Lisa Toups and owned by the PMG Whitlock Ave, LLC. PMG Whitlock Ave, LLC is owned and managed by Philip M. Goldstein. Philip Goldstein is the father of Council Member Goldstein. Council Member Goldstein will not participate in any discussion or vote on this item in his official capacity as a city council member. Council Member Goldstein discloses that the Atlanta Lyric Theatre rents space owned by Philip M. Goldstein. Philip Goldstein is the father of Council Member Goldstein. Council Member Goldstein will not participate in any discussion or vote on this item in his official capacity as a city council member. Council Member Goldstein discloses that Actors Theatre of GA performs shows in space rented by Raul Thomas and owned by Philip M. Goldstein. Philip Goldstein is the father of Council Member Goldstein. While not required, Council Member Goldstein chooses to abstain on this item. Council Member Goldstein discloses that he is on the board of the Marietta Welcome Center representing the City of Marietta. 5. Personnel/Insurance: Cheryl Richardson, Chairperson City of Marietta Page 9 Printed on 6/10/2019 11:15:08AM CITY COUNCIL Meeting Agenda June 12, 2019 * 20190382 FY 2020 City/BLW Pay and Classification System documents Motion to approve an Ordinance adopting the City of Marietta and Board of Lights and Water Position Allocation Charts, and the Compensation, Position Classification, and Career Development Plans for FY 2020, with changes to take effect on the pay period beginning June 30, 2019. 6. Public Safety Committee: Reggie Copeland, Chairperson * 20190476 Revisions to MPD Policies Motion to approve the revisions to the listed policies for the Marietta Police Department: A019 (Risk Analysis Board), A044 (Uniforms, Equipment & Departmental Property), A054 (Assignments), P041 (Pursuit of Motor Vehicles), P047 (Traffic Accidents), P049 (Traffic Enforcement) & S060 (Special Purpose Vehicles) * 20190505 Georgia TIME Task Force Grant Motion to authorize the acceptance of a grant for $5,140.00 from the Georgia TIME Task Force for the replacement of 135 traffic safety vests for the fire department. 7. Public Works Committee: Grif Chalfant, Chairperson * 20190484 316 Fairground Street Motion to authorize the acquisition of property owned by Judd and Yesenia Bare on behalf of the City of Marietta by means of eminent domain. A description of the interest to be acquired is attached hereto and incorporated herein by reference, including the legal description of the property and a survey of such property. The city attorney is hereby authorized and directed to take any and all action necessary to acquire such property by virtue of eminent domain, including the right to file any appeals in such case. The Order Authorizing Condemnation attached is incorporated herein by reference. * 20190496 Alpine Way Parking Motion authorizing a no parking zone to be installed along Alpine Way from Barnes Mill Drive to Meadow Place. City of Marietta Page 10 Printed on 6/10/2019 11:15:08AM CITY COUNCIL Meeting Agenda June 12, 2019 * 20190497 Cole Street Parking Motion authorizing a no parking zone to be installed along Cole Street from Roosevelt Circle to North Marietta Parkway. * 20190498 Burnt Hickory Trail Project IGA Update Motion approving the update of Intergovernmental Agreement between Cobb County and the City of Marietta regarding the acquisition of Right of Way for the Burnt Hickory Trail Project. * 20190500 Old 41 Highway Parking Motion authorizing a no parking zone to be installed along Old 41 Highway from Kirk Road intersection to the Kenview Drive intersection on Old 41 Highway. * 20190501 Cherokee and Freyer Motion authorizing the reallocation of remaining 2016 SPLOST Cherokee Street Sidewalks project funds to the 2016 SPLOST Church and Cherokee Street Safety Improvements project to allow for the construction of a median at the intersection of Cherokee St and Freyer Dr. * 20190502 Carriage Oaks Speed Study Motion authorizing Public Works to conduct a speed study on Carriage Oaks Drive from Whitlock Avenue to Grand Oaks Glen. * 20190503 Bellemeade Drive Speed Study Motion authorizing Public Works to conduct a speed study on Bellemeade Drive from Powder Springs Street to Longwood Drive. OTHER BUSINESS: City of Marietta Page 11 Printed on 6/10/2019 11:15:08AM CITY COUNCIL Meeting Agenda June 12, 2019 20190370 V2019-15 [VARIANCE] PEACHTREE ASSET MANAGEMENT, LLC V2019-15 [VARIANCE] PEACHTREE ASSET MANAGEMENT, LLC is requesting variances for property zoned CRC (Community Retail Commercial), located in Land Lot 1237, District 16, Parcel 0170, 2nd Section, Marietta, Cobb County, Georgia, and being known as 1010 Roswell Street. Ward 7A. 1. Variance to reduce the minimum lot size from 20,000 square feet to 13,900 square feet. [§708.16 (H)] 2. Variance to reduce the 10’ planted border area to 0’ in the location shown on the site plan dated 2/15/19 [§712.09 (F.2.b.viii)] and [§712.08 (G.2)] 20190449 V2019-18 [VARIANCE] KINGSTON COURT LLC V2019-18 [VARIANCE] KINGSTON COURT LLC is requesting variances for property located in Land Lot 726, District 17, Parcel 0510, 2nd Section of Cobb County, Marietta, Georgia and being known as 2164 Kingston Court. Ward 7A. 1. Variance to reduce lot acreage from 2 to 1.44 acres. [§708.25 (H)] 2. Variance to reduce the planted border along Delk Road from ten (10) to five (5) feet. [§712.08 (G.2)] 3. Variance to reduce the required number of parking spaces. [§716.07 (E)] 20190544 Revisions to Section 7-4-2-110, Sanitary Conditions and Procedures Consideration of proposed changes to Section 7-4-2-110 regarding enforcement of overgrown yards. Requested by Council member Morris 20190573 Appoint Attorney for Historic Board of Review and Historic Preservation Commission Discussion to appoint a common attorney for HBR and HPC subject to advisement of both boards. 7-8-9-030 G: The historic board of review and the historic preservation committee shall be served and advised by a common attorney as engaged by the city with concurrent advisement from said two boards. Current serving city attorney shall not be eligible to represent concurrently the two boards. Requested by Mayor Tumlin City of Marietta Page 12 Printed on 6/10/2019 11:15:08AM CITY COUNCIL Meeting Agenda June 12, 2019 20190545 BLW Actions of June 10, 2019 Review and approval of the June 10, 2019 actions and minutes of Marietta Board of Lights and Water. UNSCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes. ADJOURNMENT: City of Marietta Page 13 Printed on 6/10/2019 11:15:08AM