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, August 14, 2019 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Grif Chalfant, Ward 2 PLEDGE OF ALLEGIANCE: Presentation of Colors: Marietta High School ROTC - Introduced by Council Member Cheryl Richardson PRESENTATIONS: 20190741 Marietta High School Senior Football Players and the Varsity Cheerleaders Introduction of Coach Morgan - Mayor Steve Tumlin Introduction of Senior Football Players - Coach Morgan Presentation - Johnny Walker Introduction of Varsity Cheerleaders - Michelle Cooper Kelly Closing Remarks - Reggie Copeland 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 8/13/2019 2:46:51PM CITY COUNCIL Meeting Agenda August 14, 2019 20190734 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: * 20190711 Regular Meeting - July 10, 2019 Review and approval of the July 10, 2019 regular meeting minutes. * 20190713 Special Meeting - July 30, 2019 Review and approval of the July 30, 2019 special called meeting minutes. * 20190554 Executive Session Minutes Review and approval of the following executive session minutes: March 27, 2018 Special Called City Council Meeting April 11, 2018 Agenda Review Session June 11, 2018 Agenda Work Session July 5, 2018 Agenda Work Session August 6, 2018 Agenda Work Session MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: * 20190603 Marietta Development Authority Appointment Appointment of Fran Sutton to the Marietta Development Authority to fill the position for Post 1 for a 2-year term, expiring August 14, 2021. ORDINANCES: City of Marietta Page 2 Printed on 8/13/2019 2:46:51PM CITY COUNCIL Meeting Agenda August 14, 2019 20190473 Z2019-20 [SPECIAL LAND USE PERMIT] ATTAWAY RECYCLING, LLC (1341 OWENBY, LLC) Z2019-20 [SPECIAL LAND USE PERMIT] ATTAWAY RECYCLING, LLC (1341 OWENBY, LLC) are requesting a Special Land Use Permit for trash/garbage hauling and storage at property located in Land Lot 926, District 16, Parcels 0340, 2nd Section, Marietta, Cobb County, Georgia and being known as 1341 Owenby Drive, currently zoned HI (Heavy Industrial). Ward 5B. If Council approves the rezoning, the following stipulations 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 August 2, 2019. The Planning Commission recommended No Action Taken. Ms. McCrae made a motion to deny this application. It failed for lack of a second. Mr. Anderson made a motion, seconded by Mr. McClure, to recommend approval as submitted including the letter of stipulation from Mr. Kevin Moore, Esq., to Ms. Little dated August 2, 2019 and with the additional stipulation that the parking surface will be sufficient and up to code and strictly used for parking for the entire property . The motion did not pass/No Recommendation 3 3-0. Mr. Davis, Ms. McCrae and Vice Chairman Diffley opposed. Public Hearing (all parties are sworn in) 20190596 Z2019-22 [REZONING] F9 PROPERTIES LLC Z2019-22 [REZONING] F9 PROPERTIES LLC is requesting the rezoning of 1.5 acres located in Land Lots 868, 932 & 933, District 16, Parcel 0080 of the 2nd Section, Cobb County, Georgia, and being known as 1285 Field Parkway from CRC (Community Retail Commercial) to LI (Light Industrial). Ward 4B. The Planning Commission recommended for Approval. Ms. McCrae 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) City of Marietta Page 3 Printed on 8/13/2019 2:46:51PM CITY COUNCIL Meeting Agenda August 14, 2019 20190597 Z2019-23 [SPECIAL LAND USE PERMIT] TURNER CHAPEL AME CHURCH Z2019-23 [SPECIAL LAND USE PERMIT] TURNER CHAPEL AME CHURCH is requesting a Special Land Use Permit for a food and clothing pantry (storage and distribution) associated with a place of assembly at property located in Land Lot 1215, District 16, Parcels 0860 & 0850, 2nd Section, Marietta, Cobb County, Georgia and being known as 527 & 533 Lawrence Street, currently zoned R-4 (Single Family Residential - 4 units/acre). Ward 5A. If Council approves the rezoning, the following variances would be incorporated as conditions of zoning: Variances: 1. Variance to reduce the front setback from 75 ft. to 29 ft. [§708.04 (E.1.b)] 2. Variance to reduce the western side setback from 75 ft. to 11 ft. [§708.04 (E.1.b)] 3. Variance to reduce the eastern side setback from 75 ft. to 71 ft. [§708.04 (E.1.b)] 4. Variance to allow gravel as an acceptable parking surface. [§716.08 (B)] Council Member Goldstein discloses that Marietta Shopping Center, LLC owns the property at 109 Leroy Street. Marietta Shopping Center, LLC is owned and managed by Philip M. Goldstein. Philip M. Goldstein is the father of Council Member Goldstein. The Planning Commission recommended for Approval as Stipulated. Mr. McClure made a motion, seconded by Mr. Hunter, 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 4 Printed on 8/13/2019 2:46:51PM CITY COUNCIL Meeting Agenda August 14, 2019 20190618 Z2019-24 [REZONING] SHEA KONIGSMARK Z2019-24 [REZONING] SHEA KONIGSMARK is requesting the rezoning of 0.36 acres located in Land Lot 287, District 17, Parcel 0080 of the 2nd Section, Cobb County, Georgia, and being known as 214 West Dixie Avenue from OIT (Office Institution Transitional) to R-4 (Single Family Residential - 4 units/acre). Ward 1A. If Council approves the rezoning, the following variance would be incorporated as conditions of zoning: Variance: 1. Variance to allow gravel as a parking surface. [§716.08 (A)] The Planning Commission recommended for Approval as Stipulated. Mr. Davis made a motion, seconded by Mr. Hunter, to recommend approval as submitted with the following variances. The motion carried 6-0-0. Public Hearing (all parties are sworn in) 20190620 Z2019-25 [REZONING] WORLD CHANGERS CHURCH INTL Z2019-25 [REZONING] WORLD CHANGERS CHURCH INTL is requesting the rezoning of approximately 7.0 acres located in Land Lot 1076, District 16, Parcels 0720 & 1230 of the 2nd Section, Cobb County, Georgia, and being known as 601 & 611 Tower Road from R-3 (Single Family Residential - 3 units/acre) and OI (Office Institutional) to OI (Office Institutional). Ward 4A. If Council approves the rezoning, the following stipulation and variances would be incorporated as conditions of zoning: Stipulation: 1. The portion of the property south of Noses Creek shall remain undeveloped. Variances: 1. Variance to reduce the required parking to 175 parking spaces. [§716.07 (E)] 2. Variance to allow existing steeple to remain at present height (87 ft.). [§ 708.23 (H)] The Planning Commission recommended for Approval as Stipulated. Mr. Anderson made a motion, seconded by Mr. Davis, to recommend approval as submitted with the following stipulation and variances. The motion carried 6-0-0. Public Hearing (all parties are sworn in) City of Marietta Page 5 Printed on 8/13/2019 2:46:51PM CITY COUNCIL Meeting Agenda August 14, 2019 RESOLUTIONS: CITY ATTORNEY'S REPORT: * 20190730 Denial of Claim Denial of Claim for Marica Johnson and La’Darian Johnson (minor). CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: 1. Economic/Community Development: Johnny Walker, Chairperson * 20190490 Envision LCI Update Draft Motion to table the Envision LCI Update Draft back to the Economic/Community Development Committee. Council member Goldstein disclosed that members of his family and entities owned by himself and members of his family own property in the LCI study area. 2. Finance/Investment: Joseph R. Goldstein, Chairperson 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 amendment to the ordinance to modify 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. Second Reading City of Marietta Page 6 Printed on 8/13/2019 2:46:51PM CITY COUNCIL Meeting Agenda August 14, 2019 * 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. Second Reading Council member Goldstein opposed * 20190091 City Code amendment concerning Ethics Committee Appointments Motion to amend Section 1-14-4-010 of City Code related to Ethics Committee appointments to comply with Delay v. Sutton, 304 Ga. 338 (2018). The case requires council appointment of all committee members. First Reading * 20190677 Final Plat - Oakton Sec. 10 Phase II Motion to approve the final plat for Oakton Section 10, Phase II that would create 298, 304, & 308 St. Mary’s Lane. * 20190678 Revised Detailed Plan - 825 Powder Springs Street (BelAire Apts) Motion to approve the request by BelAire Apartments to finish the basement of Building #600 into six (6) efficiency apartments. This would increase the total number of units on the property from 176 to 182. * 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. Council member Goldstein opposed * 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 Council member Goldstein opposed City of Marietta Page 7 Printed on 8/13/2019 2:46:51PM CITY COUNCIL Meeting Agenda August 14, 2019 4. Parks, Recreation and Tourism: Michelle Cooper Kelly, Chairperson * 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. * 20190664 Discussion Regarding “Holding” Spaces at Glover Park Concerts Motion to direct staff to evaluate options to deal with staking out of spaces with chairs, blankets or other methods in the hours prior to the Friday night concerts next year. 5. Personnel/Insurance: Cheryl Richardson, Chairperson 20190671 Property & Casualty/Miscellaneous Coverage Motion to approve Trident/Argonaut Insurance Company as the City of Marietta/BLW property & casualty carrier and other miscellaneous coverage, premiums, and companies utilized for the policy period of August 17, 2019, to August 17, 2020. 6. Public Safety Committee: Reggie Copeland, Chairperson * 20190448 City Government Building Security Motion to move forward with Option 1 of the security options for City government buildings. City of Marietta Page 8 Printed on 8/13/2019 2:46:51PM CITY COUNCIL Meeting Agenda August 14, 2019 * 20190663 C.O.P.S. (Community Oriented Policing Services) Grant Motion to approve the acceptance of the revised C.O.P.S. (Community Oriented Policing Services) Grant for the Marietta Police Department. The grant will be used to fund two School Resource Officer (SRO) positions who will be assigned to the elementary schools. In addition to the general SRO duties, the officers will provide resources for gang prevention and education. 7. Public Works Committee: Grif Chalfant, Chairperson * 20190612 Barnes Mill Road Utilities Motion authorizing variance from the underground utility’s ordinance allowing a new service pole and guy-wire pole, behind the sidewalk, at 1239 Barnes Mill Road. This motion does not grant a perpetual variance. Marietta Power must relocate underground at their expense if other utilities at the location are moved underground. * 20190682 Kassandra Drive Speed Limit Motion authorizing Public Works to install 25 MPH speed limit signs on Kassandra Drive. 20190684 Cherokee Street Stream Buffer Request Motion authorizing a variance to the Stream Buffer Protection ordinance allowing the property owner at 337 Cherokee Street to construct improvements within the 75-foot impervious and 50-foot undisturbed stream buffer. All construction within the buffers must be approved by the Public Works Director. Owner is required to mitigate the impact to the buffers by revegetating the remaining stream buffer in accordance with measures approved by the Public Works Director. Public Hearing Required * 20190688 Polk Street at Winn Street Realignment Motion approving the scope of work for the Polk Street at Winn Street intersection improvement project to be funded by the 2016 SPLOST General Streets and Drainage account. OTHER BUSINESS: City of Marietta Page 9 Printed on 8/13/2019 2:46:51PM CITY COUNCIL Meeting Agenda August 14, 2019 20190747 Appeal of CoA2019-17 (#20190704) 441 Church Street - Stephen Imler Consideration of an appeal of a decision by the Historic Preservation Commission on the application for a Certificate of Appropriateness (#20190704) for 441 Church Street by Stephen Imler. Public Hearing 20190748 Appeal of CoA2019-17 (#20190704) 441 Church Street - Cooper Jones Consideration of an appeal of a decision by the Historic Preservation Commission on the application for a Certificate of Appropriateness (#20190704) for 441 Church Street by Cooper Jones Construction. Public Hearing 20190749 Appeal of CoA2019-17 (#20190704) 441 Church Street - Donald Gillis Consideration of an appeal of a decision by the Historic Preservation Commission on the application for a Certificate of Appropriateness (#20190704) for 441 Church Street by Donald Gillis. Public Hearing * 20190735 IMAGE Agreement Renewal Motion to approve the renewal of the existing IMAGE Agreement for a four-year period through August 14, 2023. 20190750 277 Fairground Street Motion authorizing acquisition of a right-of-entry for the purpose of performing the work on the property at 277 S. Fairground Street for the Fairground St - South Marietta Parkway to Roswell Street (Fairground B) Project in exchange for Ten Dollars ($10.00). City of Marietta Page 10 Printed on 8/13/2019 2:46:51PM CITY COUNCIL Meeting Agenda August 14, 2019 20190751 346 Manget Street and 427 S. Marietta Parkway Motion authorizing acquisition of required right-of-way and easements at 346 Manget Street and 427 S. Marietta Parkway from KRB Properties, LLC for the purpose of constructing the Manget Street Improvements - Manget Street at Lakewood Drive Project in exchange for $10,000.00 and stipulations as listed: 1. Owner requests a schedule for the project. 2. Lower entrance shall not be obstructed when replacing curb during the week. Curbing across the entrance to be completed on Saturday and coordinated with the owner. * 20190714 BLW Actions of August 12, 2019 Review and approval of the August 12, 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 11 Printed on 8/13/2019 2:46:51PM