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 10, 2019 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Cheryl Richardson, Ward 1 PLEDGE OF ALLEGIANCE: PRESENTATIONS: 20190617 Citizens’ Police Academy Graduates Presentation of the Citizens’ Police Academy graduating class. Jayda Aystin Murray Kurtzberg Meredith Banks Barbara Martin Mary Bonds Daisy Patino Marc Bourassa Caleb Pomazon Anita Farmer Lindsey Ramsey Stephanie Figuereo Uneeda Robinson Krissty Foster Arrie Sherr Chris Gruehn Cynthia Tapia Greg Jackson Kevin Wolfson Michelle King Jill Wade Lesley Kenny PROCLAMATIONS: City of Marietta Page 1 Printed on 7/9/2019 11:29:25AM CITY COUNCIL Meeting Agenda July 10, 2019 ANNOUNCEMENTS OF GENERAL COMMUNITY INFORMATION BY THE MAYOR, COUNCIL AND/OR CITY MANAGER: SCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes. 20190635 Scheduled Appearance Scheduled Appearance - Donald Barth 20190648 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: * 20190624 Regular Meeting - June 12, 2019 Review and approval of the June 12, 2019 regular meeting minutes. MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: * 20190613 Marietta Development Authority Appointment Motion to reappoint Ed Hammock (Post 2) to the Marietta Development Authority for a 2-year term expiring July 10, 2021. ORDINANCES: City of Marietta Page 2 Printed on 7/9/2019 11:29:25AM CITY COUNCIL Meeting Agenda July 10, 2019 20190009 Z2019-04 [REZONING] Traton Homes, LLC (53 Indian Trail, LLC; 56 Indian Trail, LLC; 63 Indian Trail, LLC; 76 Indian Trail, LLC; Alvaro & Elizabeth Arauz) Z2019-04 [REZONING] Traton Homes, LLC (53 Indian Trail, LLC; 56 Indian Trail, LLC; 63 Indian Trail, LLC; 76 Indian Trail, LLC; Alvaro & Elizabeth Arauz) are requesting the rezoning of approximately 7.48 acres located Land Lot 1206, District 16, Parcels 0030, 0070, 0300, 0280, 0040, 0250, 0050, 0060, 0270 of the 2nd Section, Cobb County, Georgia and being known as 1895, 1905, 1923, & 1935 Lower Roswell Road and 53, 56, 63, 73, & 76 Indian Trail from R-20 (Single Family Residential - Cobb County) and CRC (Community Retail Commercial - City) to PRD-SF (Planned Residential Development Single Family - City). Ward 6A. If Council approves the rezoning, the following stipulations and variances would be incorporated as conditions of zoning: The following stipulations and variances are incorporated as conditions of zoning: · Letter of stipulations and variances from J. Kevin Moore of Moore Ingram Johnson & Steele to Shelby Little, Planning & Zoning Manager for the City of Marietta, dated April 1, 2019. The following variances are incorporated as conditions of zoning: 1. Variance to reduce the required driveway length from 20 feet to 18 feet, as measured from back of curb or sidewalk. [§708.09 (B.2.e)] 2. Variance to waive the active recreational feature. [§708.09 (B.2.i)] 3. Variance to reduce the minimum open space from 25% to 21% (1.63 acres). [§708.09 (H)] 4. Variance to reduce the minimum lot size requirement from 4,000 sq. ft. to the footprint of the smallest unit. [§708.09 (H)] 5. Variance to reduce the minimum centerline radii from 100 feet to what is shown on the plan dated 3/20/19 (received by staff 3/26/19). [§730.01 (H)] 6. Variance to waive the requirement to install a sidewalk along S. Marietta Parkway. [§732.07] 7. Variance to allow sidewalks as designated on the plans dated 3/20/19 (received by staff 3/26/19). [§732.07 (C)] 8. Variance to waive the requirements of an acceleration and deceleration lane into the new subdivision. [§730.01 (I.4.b)] 9. Variance to allow a single-family development of more than 51 dwelling units to provide one access point to an arterial street. [§730.01 (A)] 10. Variance to allow a billboard outside 100’ of I-75. [§714.04 (G)] 11. Variance to waive the requirement that a billboard be regulated as a principal use. [§714.04 (G.1)] 12. Variance to allow a billboard within 500’ of a residential zoning district. [§714.04 (G.2)] City of Marietta Page 3 Printed on 7/9/2019 11:29:25AM CITY COUNCIL Meeting Agenda July 10, 2019 13. Variance to increase the allowable number of faces for a billboard from two (2) to three (3). [§714.04 (G.4)] 14. Variance to allow a billboard remain within 1000’ radius of another billboard. [§714.04 (G.5)] 15. Variance to allow a billboard on property zoned PRD-SF. [§714.04 (G.11)] 16. Variance to waive fire access from Private Alley D due to inadequate turnaround design. 17. Variance to reduce the minimum turning radii from 35’ to 20.’ [§710.06] Tabled from the April 10, 2019 & May 8, 2019 City Council Meetings The Planning Commission recommends Denial. Mr. Diffley made a motion, seconded by Mr. McClure, to recommend denial. The motion carried 4-2-0. Mr. Anderson and Mr. Davis opposed. Public Hearing (all parties are sworn in) 20190010 A2019-01 [ANNEXATION] TRATON HOMES, LLC (53 INDIAN TRAIL, LLC; 56 INDIAN TRAIL, LLC; 63 INDIAN TRAIL, LLC; 76 INDIAN TRAIL, LLC; ALVARO & ELIZABETH ARAUZ) A2019-01 [ANNEXATION] TRATON HOMES, LLC (53 INDIAN TRAIL, LLC; 56 INDIAN TRAIL, LLC; 63 INDIAN TRAIL, LLC; 76 INDIAN TRAIL, LLC; ALVARO & ELIZABETH ARAUZ) are requesting the annexation of properties located in Land Lot 1206, District 16, Parcels 0030, 0040, 0250, 0050, 0060, 0270 of the 2nd Section, Cobb County, Georgia and being known as 1895 Lower Roswell Road; 53, 56, 63, 73, & 76 Indian Trail, and any associated right of way, consisting of approximately 5.5 acres. Ward 6A. Tabled from the April 10, 2019 & May 8, 2019 City Council Meetings The Planning Commission recommends Denial. Mr. Diffley made a motion, seconded by Mr. McClure to recommend denial. The motion carried 4-2-0. Mr. Anderson and Mr. Davis opposed. Public Hearing (all parties are sworn in) City of Marietta Page 4 Printed on 7/9/2019 11:29:25AM CITY COUNCIL Meeting Agenda July 10, 2019 20190011 CA2019-01 [CODE AMENDMENT] CA2019-01 [CODE AMENDMENT] In conjunction with the requested annexation of properties located in Land Lot 1206, District 16, Parcels 0030, 0040, 0250, 0050, 0060, 0270 of the 2nd Section, Cobb County, Georgia and being known as 1895 Lower Roswell Road; 53, 56, 63, 73, & 76 Indian Trail, the City of Marietta proposes to designate the Future Land Use of said property as HDR (High Density Residential). Ward 6A. Tabled from the April 10, 2019 & May 8, 2019 City Council Meetings The Planning Commission recommends Denial. Mr. Diffley made a motion to recommend denial. The motion died for lack of a second. Mr. Anderson made a motion, seconded by Ms. McCrae to recommend approval designating the Future Land Use of said properties to MDR (Medium Density Residential). The motion carried 6-1-0. Mr. Diffley opposed. Public Hearing (all parties are sworn in) City of Marietta Page 5 Printed on 7/9/2019 11:29:25AM CITY COUNCIL Meeting Agenda July 10, 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 variances would be incorporated as conditions of zoning: 1. Variance to reduce the required driveway length from 20’ to 18’ for all lots except for lot 11. [§708.09 (B.2.e)] 2. Variance to reduce the recreation area from 2.56 acres to 0.35 acres. [§708.09 (B.2.i)] 3. Variance to reduce the minimum open space from 25% to 3.6%. [§708.09 (H)] 4. Variance to reduce the minimum lot size requirement from 4,000 sq. ft. to footprint of the smallest unit. [§708.09 (H)] 5. Variance to increase the maximum impervious surface from 60% to 61%. [§708.09 (H)] 6. Variance to establish a gated community per Sect. 726.03, Private Development [§726.03] 7. Variance to reduce the minimum easement width for private street from fifty (50) feet to thirty (30) for the streets running north-south only. [§726.03 (A).] 8. Variance to allow a single-family development of more than 51 dwelling units to provide only one access point to a collector street. [§730.01 (A)] 9. Variance to waive an acceleration lane when constructing a new subdivision that intersects with a collector street. [§730.01 (I) (4.b)] 10. Variance to reduce the turning radii from 35 ft. to 28 ft. in front of lots 115 & 128. [§710.06] 11. Variance to waive the following for cul-de-sac requirements: o Streets designed to have one end permanently closed shall provide a turnaround having a minimum roadway diameter of 80 feet, right-of-way diameter of 100 feet and a maximum length of 700 feet. [§730.01 (E.)] Tabled from the June 12, 2019 City Council Meeting The Planning Commission recommended Denial from a previous version of the plan. Mr. Diffley made a motion, seconded by Chairman Kinney, to recommend denial. The motion carried 5-1-0. Mr. Hunter opposed. Public Hearing (all parties are sworn in) City of Marietta Page 6 Printed on 7/9/2019 11:29:25AM CITY COUNCIL Meeting Agenda July 10, 2019 20190524 Z2019-21 [REZONING] THE REVIVE LAND GROUP Z2019-21 [REZONING] THE REVIVE LAND GROUP is requesting the rezoning of 12.13 acres located in Land Lots 574, 575, & 579, District 17, Parcels 0270, 0190, 0160, & 0010 of the 2nd Section, Cobb County, Georgia, and being known as 557, 571, 605, & 673 Wylie Road from CRC (Community Retail Commercial) and R-2 (Single Family Residential - 2 units/acre) to PRD-SF (Planned Residential Development Single Family). Ward 1A. If Council approves the rezoning, the following stipulations and variance would be incorporated as conditions of zoning: Stipulation: 1. Number of units be reduced from 150 to 140. Variances: 1. Variance to reduce the minimum lot size requirement from 4,000 sq. ft. to footprint of the smallest unit. [§708.09 (H)] 2. Variance to increase the maximum impervious surface from 60% to 64%. [§708.09 (H)] 3. Variance to eliminate the required acceleration and deceleration lanes [§730.01 (I.4.b)] 4. Variance to provide sidewalk as shown on the submitted plan. [§732.07 (C)] The Planning Commission recommended for Approval as Stipulated. Mr. Diffley made a motion, seconded by Mr. Hunter, to recommend approval as submitted with the stipulation that the number of units be reduced from 150 to 140. The motion carried 6-0-0. Public Hearing (all parties are sworn in) RESOLUTIONS: CITY ATTORNEY'S REPORT: * 20190636 Denial of Claim Denial of Claim for Eustenia Furlow. CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: City of Marietta Page 7 Printed on 7/9/2019 11:29:25AM CITY COUNCIL Meeting Agenda July 10, 2019 1. Economic/Community Development: Johnny Walker, Chairperson 2. Finance/Investment: Joseph R. Goldstein, Chairperson * 20190616 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 San Antonio, TX, November 20 - 23, 2019. Motion to remove this matter from the Council agenda. 20190653 Renovations of the Marietta Hilton Conference Center & Hotel Motion to authorize and direct the City Manager and City Attorney to prepare the legal documents to memorialize the funding for the renovations of the Marietta Hilton Conference Center & Hotel. 20190615 Funding for the Renovations of the Marietta Hilton Conference Center & Hotel Motion to approve the funding for the renovations of the Marietta Hilton Conference Center & Hotel with the Marietta Leasehold L.P. / Remington Hotel Management. 3. Judicial/Legislative: G. A. (Andy) Morris, Chairperson 20180736 Amendment of 9-4-40 to Change Time Period for Payment or Contesting of Parking Violations and to Clarify Procedures for Contesting of Violation and Court Processes. Motion to approve the modification of the time period allowed for payment or contesting of parking violations from 5 (five) days to 10 (ten) days to allow ample time for receipt by mail before escalated fine assessment imposed. And, to include provisions for contesting parking violation by filing written notice with the Clerk of Court and requirement of appearance in court for contested hearing. Proposed amendment clarifies various court processes. First Reading City of Marietta Page 8 Printed on 7/9/2019 11:29:25AM CITY COUNCIL Meeting Agenda July 10, 2019 20190284 Mobile Retail Food Establishment Ordinance Motion to authorize staff to advertise changes to Division 708, District Standards and Permitted Uses, and Division 724.02, Division of Terms, regarding Mobile Retail Food Establishments. 20190640 Mobile Retail Food Establishment Motion to approve changes to Article 8-12-27 of Business License Code to revise Mobile Retail Food Establishment permit process and requirements. First Reading 20190587 Townhome Elevations - Marvelle Motion to approve the elevations for townhomes on units 75 through 99 in Marvelle. * 20190588 Preliminary Plat - 803 Chestnut Hill Road Motion to approve the request by Duckett Management for approval of the preliminary plat for a four (4) parcel subdivision at 803 Chestnut Hill Road, zoned R-3. 20190589 Revised Detailed Plan - Manget Ph. 3 & 4 Motion to approve the request by Traton Homes for the following: a. Revised detached house elevations for the remaining, unbuilt lots in Manget Phases 3 and 4; b. Eliminate a total of three parking spaces on L-94, L-109, and L-111; c. Build a retaining wall in Kirby Park (inside the buffer) to level the lot and have a large enough buildable area for a house slab. Their request is to place the wall approximately 2’ outside the property line of L-121 and on the City-owned property. d. Move sidewalk and sidewalk easement 2’ to the back of curb along Frasier St and in front of lots 77-86; e. Reduce the Utility Easement (UE), Access Easement (AE), and Drainage Easement (DE) by 6” on lots 77-82 to accommodate masonry on the rear of these houses; f. Reduce the UE and DE by 6” on lots 83-85 to accommodate masonry on the rear of these houses; g. Reduce the UE by 1’ on Lot 87; h. Relocate the fire hydrant on Lot 98 at the developer’s expense. City of Marietta Page 9 Printed on 7/9/2019 11:29:25AM CITY COUNCIL Meeting Agenda July 10, 2019 * 20190493 800 MHz Phase 2 Radio Contract Motion to approve the proposed 800 MHz phase 2 radio contract with Cobb County. Council Member Richardson Opposing * 20190610 1101 Powder Springs Street Motion to approve the award of a bid to Wilson Development Group, LLC. 20190544 Revisions to Section 7-4-2-110, Sanitary Conditions and Procedures Motion to approve the proposed changes to Section 7-4-2-110 regarding enforcement of overgrown yards. First Reading 4. Parks, Recreation and Tourism: Michelle Cooper Kelly, Chairperson 5. Personnel/Insurance: Cheryl Richardson, Chairperson * 20190614 Amendment of 2020 City/BLW Position Allocation Chart Motion approving an ordinance to amend the FY2020 City of Marietta/BLW Position Allocation Chart to add two Police Officers to serve as School Resource Officers pursuant to the Memorandum of Understanding between the Marietta Board of Education and the City of Marietta approved by Council on June 12, 2019. 20190603 Marietta Development Authority Appointment Consideration of appointment to the Marietta Development Authority to fill the expiring term of Steven F. McNeel, Post 1 for a 2-year term to expire June 14, 2019. Motion to Table this matter and refer to the Personnel/Insurance Committee to hold interviews. 6. Public Safety Committee: Reggie Copeland, Chairperson City of Marietta Page 10 Printed on 7/9/2019 11:29:25AM CITY COUNCIL Meeting Agenda July 10, 2019 * 20190598 Revisions to Marietta Police Department Policies Motion to approve the revisions to the listed policies for the Marietta Police Department- A034 (Budget and Fiscal Management), A041 (Organizational Structure), A044 (Uniforms, Equipment & Departmental Property), A045 (Time Control Procedures), A047 (Internal Affairs), A048 (Administrative Protocol), A051 (Media & Public Relations), A054 (Assignments), A060 (Evidence Property Management), A070 (Department Forms & Reports), A077 (Employee Assistance), A078 (Transfers), C020 (Community Response Unit), P010 (Patrol Operations), P012 (Public Safety Ambassador Unit), S033 (Informants), S034 (Juvenile Procedures), S040 (Organized Crime Vice Control), T031 (Career Development) & T050 (Training). 7. Public Works Committee: Grif Chalfant, Chairperson * 20190499 Polk Street and Mountain View Motion authorizing Public Works to proceed with a town hall meeting to discuss the implementation of the Polk St at Mountain View Roundabout project as a single lane roundabout. * 20190590 Cobb Pkwy and Trade Center Pkwy Utilities Motion authorizing a variance from the Underground Utilities ordinance to allow the installation of fiber to be over lashed on existing fiber along Cobb Pkwy from Roswell St to Trade Center Pkwy. This motion does not grant a perpetual variance. MCIMetro/Verizon must relocate underground at their expense if other utilities at the location are moved underground. * 20190591 Cobb Pkwy and White Ave Utilities Motion authorizing a variance from the Underground Utilities ordinance to allow the installation of fiber to be over lashed on existing fiber along Cobb Pkwy from Trade Center Pkwy to White Ave. This motion does not grant a perpetual variance. MCIMetro/Verizon must relocate underground at their expense if other utilities at the location are moved underground. City of Marietta Page 11 Printed on 7/9/2019 11:29:25AM CITY COUNCIL Meeting Agenda July 10, 2019 * 20190592 Cobb Pkwy and Radar Cir Utilities Motion authorizing a variance from the Underground Utilities ordinance to allow the installation of fiber to be over lashed on existing fiber along Cobb Pkwy from Gresham Rd to Radar Cir. This motion does not grant a perpetual variance. MCIMetro/Verizon must relocate underground at their expense if other utilities at the location are moved underground. * 20190593 Cobb Pkwy and Franklin Dr. Utilities Motion authorizing a variance from the Underground Utilities ordinance to allow the installation of fiber to be over lashed on existing fiber along Cobb Pkwy from Spinks Dr to Franklin Dr. This motion does not grant a perpetual variance. MCIMetro/Verizon must relocate underground at their expense if other utilities at the location are moved underground. * 20190606 South Marietta Pkwy and Atlanta Road Motion approving the reallocation of 2011 SPLOST project funds from South Marietta Pkwy and Atlanta Road from the GDOT to 2011 SPLOST Gateway improvements. Council member Goldstein disclosed that his father, Philip M. Goldstein, owns and manages property on Atlanta Street. * 20190608 KMCR Gap Trail Project Motion approving an Agreement for Transportation Enhancement Activities between the Georgia Department of Transportation and the City of Marietta for construction of the KMCR Gap Trail Project, GDOT. * 20190611 Purchase with/through DMDA of the Mill Street Parking Lot Motion to pursue the option enacted in a Georgia Legislative Act circa 1980’s(?) that allows DMDA/City the option to purchase said Mill Street Parking Lot now leased from the State of Georgia. Council member Goldstein disclosed that his aunt, Paula Shea, is on the DMDA Board. OTHER BUSINESS: City of Marietta Page 12 Printed on 7/9/2019 11:29:25AM CITY COUNCIL Meeting Agenda July 10, 2019 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)] Public Hearing (all parties are sworn in) 20190523 V2019-21 [VARIANCE] LIDL US, LLC (BLANCHARD REAL ESTATE) V2019-21 [VARIANCE] LIDL US, LLC (BLANCHARD REAL ESTATE) are requesting variances for property zoned CRC (Community Retail Commercial), located in Land Lot 1223, District 16, Parcels 0840 & 0850, 2nd Section, Marietta, Cobb County, Georgia, and being known as 670 Whitlock Avenue. Ward 3A. 1. Variance to reduce the required buffer from 40’ to 10.’ [§708.16 (I.)] 2. Variance to increase the maximum front building setback from 75’ to 125.’ [§712.09 (G.2.b.i)] 3. Variance to reduce the site design optional elements. [§712.09 (G.2.a.)] 4. Variance to reduce the building design optional elements. [§712.09 (G.3.a.)] 5. Variance to allow exterior finishes made primarily of EIFS, glass, and split-face, concrete block. [§712.09 (G.3.b.viii)] Public Hearing (all parties are sworn in) City of Marietta Page 13 Printed on 7/9/2019 11:29:25AM CITY COUNCIL Meeting Agenda July 10, 2019 * 20190639 Joint Use and Management Agreement with Cobb County Parks and Recreation Motion to have Parks Department and staff to evaluate a Joint Use and Management agreement with Cobb County Parks and Recreation to incorporate two County Park Properties along Fairground Street into City Parks without owning the dirt: one is the unimproved parcel being considered for a Veterans Memorial and the second would be Perry Parham Park Complex. (Both parcels date to when Bell Bomber worked with City and Council to establish the Larry Bell Auditorium area (Perry Parham on same land in 1950’s) and though County Parks are within the City and a joint use agreement could enhance these as great Ward 1 Parks and Facilities and a major Veterans Memorial on the roadway to this City’s contribution to WWII, Bell Bomber in the 1940’s. Perry Parham could tie in nicely to our successful 6-4-3 Youth sports program. Motion to Table this matter and refer to the Parks, Recreation and Tourism Committee for further discussion. UNSCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes. ADJOURNMENT: City of Marietta Page 14 Printed on 7/9/2019 11:29:25AM