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, September 11, 2019 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Johnny Walker, Ward 3 PLEDGE OF ALLEGIANCE: PRESENTATIONS: PROCLAMATIONS: 20190792 2019 Public Power & Clean Water Week Presentation of a Proclamation by Mayor Tumlin, presented to Heidi Dasinger on behalf of Marietta Power & Water. ANNOUNCEMENTS OF GENERAL COMMUNITY INFORMATION BY THE MAYOR, COUNCIL AND/OR CITY MANAGER: SCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes. 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). City of Marietta Page 1 Printed on 9/10/2019 2:54:38PM CITY COUNCIL Meeting Agenda September 11, 2019 MINUTES: * 20190799 Regular Meeting - August 14, 2019 Review and approval August 14, 2019 regular meeting minutes. * 20190800 Special Meeting - August 27, 2019 Review and approval of the August 27, 2019 special meeting minutes. * 20190801 Executive Session Minutes Review and approval of the following executive session minutes: October 8, 2018 Agenda Work Session October 30, 2018 Special Called City Council Meeting November 12, 2018 Agenda Work Session November 27, 2018 Special Called Agenda Work Session MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: * 20190784 Historic Board of Review Appointment (Ward 4) Appointment of Mark Kirk to the Historic Board of Review Ward 4 for a two (2) year term, expiring September 11, 2021. * 20190788 Board of Zoning Appeals Appointment - Ward 4 Reappointment of David Hunter to the Board of Zoning Appeals (Ward 4) for a term of three (3) years expiring on September 11, 2022. * 20190785 Historic Preservation Commission Appointment (Ward 4) Appointment of Mark Kirk to the Historic Preservation Commission Ward 4 for a term of three years, expiring September 11, 2022. * 20190791 Historic Preservation Commission Appointment (Ward 7) Reappointment of Martin C. Kendall to the Historic Preservation Commission (Ward 7), for a three-year term expiring September 11, 2022. City of Marietta Page 2 Printed on 9/10/2019 2:54:38PM CITY COUNCIL Meeting Agenda September 11, 2019 ORDINANCES: 20190674 Z2019-27 [REZONING & SPECIAL LAND USE PERMIT] MARIETTA CHURCH OF GOD Z2019-27 [REZONING & SPECIAL LAND USE PERMIT] MARIETTA CHURCH OF GOD is requesting the rezoning of approximately 15 acres located in Land Lots 949 & 996, District 16, Parcel 0260 of the 2nd Section, Cobb County, Georgia, and being known as 1083 Allgood Road from R-20 (Single Family Residential - Cobb County) to R-2 (Single Family Residential - 2 units/acre - City) with a Special Land Use Permit for a place of assembly. Ward 6B. If Council approves the rezoning, the following variance would be incorporated as conditions of zoning: 1. Variance to reduce the seventy-five (75) foot setback along the southern and northern property lines for as-built conditions only. [§708.02 (E.1.b)]. The Planning Commission recommended for Approval. Mr. Diffley made a motion, seconded by Mr. Davis, to recommend approval as submitted. The motion carried 7-0-0. Public Hearing (all parties are sworn in) 20190675 A2019-03 [ANNEXATION] MARIETTA CHURCH OF GOD A2019-03 [ANNEXATION] MARIETTA CHURCH OF GOD is requesting the annexation of properties located in Land Lots 949 & 996, District 16, Parcel 0260 of the 2nd Section, Cobb County, Georgia and being known as 1083 Allgood Road, and any associated right of way, consisting of approximately 15 acres. Ward 6B. The Planning Commission recommended for Approval. Mr. Diffley made a motion, seconded by Mr. McClure to recommend approval as submitted. The motion carried 7-0-0. Public Hearing (all parties are sworn in) City of Marietta Page 3 Printed on 9/10/2019 2:54:38PM CITY COUNCIL Meeting Agenda September 11, 2019 20190676 CA2019-03 [CODE AMENDMENT] CA2019-03 [CODE AMENDMENT] In conjunction with the requested annexation of property located in Land Lots 949 & 996, District 16, Parcel 0260 of the 2nd Section, Cobb County, Georgia and being known as 1083 Allgood Road the City of Marietta proposes to designate the Future Land Use of said property as CSI (Community Service and Institutional). Ward 6B. The Planning Commission recommended for Approval. Mr. Diffley made a motion, seconded by Mr. Hunter to recommend approval as submitted. The motion carried 7-0-0. Public Hearing (all parties are sworn in) 20190691 Z2019-28 [SPECIAL LAND USE PERMIT] KELLY TOWERS III (INTERNATIONAL ASSOCIATION OF MACHINISTS) Z2019-28 [SPECIAL LAND USE PERMIT] KELLY TOWERS III (INTERNATIONAL ASSOCIATION OF MACHINISTS) is requesting a Special Land Use Permit for a telecommunication tower at property located in Land Lots 434 & 503, District 17, Parcel 0050, 2nd Section, Marietta, Cobb County, Georgia and being known as 1032 South Marietta Parkway, currently zoned LI (Light Industrial). Ward 1A. If Council approves the Special Land Use Permit, the following variances would be incorporated as conditions of the Special Land Use Permit: Variances: 1. Variance to waive the 50-foot landscape buffer and fence along the property line adjacent to residentially zoned property (960 Hudson Road). [§712.07 (B.5)] 2. Variance to waive the required landscaping outside the perimeter fencing. [§712.07 (B.6)] The Planning Commission recommended for Approval. Mr. Davis made a motion, seconded by Mr. Anderson, to recommend approval as submitted with the following variances. The motion carried 7-0-0. Public Hearing (all parties are sworn in) City of Marietta Page 4 Printed on 9/10/2019 2:54:38PM CITY COUNCIL Meeting Agenda September 11, 2019 20190692 Z2019-29 [REZONING & SPECIAL LAND USE PERMIT] THE EXTENSION INC. Z2019-29 [REZONING & SPECIAL LAND USE PERMIT] THE EXTENSION INC. is requesting the rezoning of 1.42 acres located in Land Lots 941 & 942, District 16, Parcels 0230 & 0080, 2nd Section, Marietta, Cobb County, Georgia, and being known as 1503 & 1507 Church Street Extension from CRC (Community Retail Commercial) to OI (Office Institutional) with an additional use as a homeless shelter and Special Land Use Permit for a halfway house. Ward 5B. If Council approves the rezoning, the following variances would be incorporated as conditions of zoning: Variances: 1. Variance to reduce the rear yard setback from 35 ft. to 20 ft. [§708.23 (H)] 2. Variance to reduce the number of parking spaces to 43. [§716.07 (E.)] 3. Variance to waive the required sidewalk along Loudermilk Drive. [§732.07] The Planning Commission recommended for Approval. Mr. Diffley made a motion, seconded by Mr. McClure, to recommend approval as submitted. The motion carried 7-0-0. Public Hearing (all parties are sworn in) 20190693 Z2019-30 [REZONING] BJF, JR., LLC Z2019-30 [REZONING] BJF, JR., LLC is requesting the rezoning of 0.42 acres located in Land Lots 215 & 218, District 17, Parcel 0700 of the 2nd Section, Cobb County, Georgia, and being known as 11 Garrison Road from CRC (Community Retail Commercial) to CRC (Community Retail Commercial) with an additional use for light assembly and fabrication. Ward 1A. If Council approves the rezoning, the following stipulations would be incorporated as conditions of zoning: Stipulations: 1. Letter of stipulations from Sams, Larkin, Huff & Balli, LLP, to Shelby Little, Planning & Zoning Manager, for the City of Marietta, dated August 29, 2019. The Planning Commission recommended for Approval as Stipulated. Mr. Diffley made a motion, seconded by Mr. Hunter, to recommend approval as submitted including the letter of stipulation from Mr. Adam Rozen, Esq., to Ms. Little dated August 29, 2019. The motion carried 7-0-0. Public Hearing (all parties are sworn in) City of Marietta Page 5 Printed on 9/10/2019 2:54:38PM CITY COUNCIL Meeting Agenda September 11, 2019 20190284 CA2019-04 [CODE AMENDMENT] CA2019-04 [CODE AMENDMENT] Proposal to amend the Comprehensive Development Code of the City of Marietta, Division 708, District Standards and Permitted Uses, and Division 724.02, Division of Terms, regarding Mobile Food Truck Establishments. The Planning Commission recommended for Approval. Mr. Davis made a motion, seconded by Mr. McClure, to recommend approval as submitted. The motion carried 7-0-0. Public Hearing (all parties are sworn in) RESOLUTIONS: CITY ATTORNEY'S REPORT: CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: 1. Economic/Community Development: Johnny Walker, Chairperson * 20190490 Envision LCI Update Draft Motion to approve the Envision LCI Update Draft. 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 * 20190752 Final Plat - Parkside East Phase 1 Motion to approve the final plat for Phase 1 of Parkside East at Allgood Road and Lawanna Drive. City of Marietta Page 6 Printed on 9/10/2019 2:54:38PM CITY COUNCIL Meeting Agenda September 11, 2019 * 20190759 Detailed Plan - Wylie Road Townhomes Motion to approve the detailed plan for a 147-unit attached townhome development off Wylie Road. * 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. Second Reading * 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. Second Reading Council Member Goldstein opposed 4. Parks, Recreation and Tourism: Michelle Cooper Kelly, Chairperson * 20190602 Ordinance Adopting and Amending Park System Operating Hours Motion adopting a new code for Section 10-4-230 - Hours of Operation for City Parks and amending Section 10-4-120 - Use of bicycles, skates, skateboards, roller blades or other similar devices, in public parks, the central business district, and on any public property prohibited. First Reading 5. Personnel/Insurance: Cheryl Richardson, Chairperson City of Marietta Page 7 Printed on 9/10/2019 2:54:38PM CITY COUNCIL Meeting Agenda September 11, 2019 * 20190755 Pension Plan Amendments Motion approving an ordinance amending the defined benefit pension plans to comply with HB 196 regarding education requirements for pension plan trustees. This item is forwarded from the Pension Board for consideration. Item passed unanimously by the Pension Board at its August 14, 2019, meeting by a vote of 9-0-0 First Reading * 20190757 2020 Employee Group Benefits Program Administration Motion approving the renewal of group health and dental plan administration and stop-loss coverage with Anthem Blue Cross and Blue Shield, enrollment in the Medicare Advantage plan with Anthem Blue Cross and Blue Shield for Medicare-eligible retirees, the renewal of the pharmacy benefit management services with PharmAvail, and the renewal of the administrative services agreements with all employee-funded ancillary providers for calendar year 2020, with attorney review on an as-needed basis. Additionally, this motion approves the contribution rate structure listed in Exhibit A of the item, and the plan designs listed in Exhibit B. * 20190758 2020 Flexible Benefit Plan Motion approving the 2020 Flexible Benefit Plan, Summary Plan Description, and the increase of the maximum allowable health contribution from $2,650 to $2,700 with Total Administrative Services Corporation (TASC). 6. Public Safety Committee: Reggie Copeland, Chairperson 7. Public Works Committee: Grif Chalfant, Chairperson * 20190685 Church Street Streetscapes Motion authorizing Public Works to proceed with design and construction of the Church St Streetscape project utilizing 2016 General Streets and Drainage Funds. City of Marietta Page 8 Printed on 9/10/2019 2:54:38PM CITY COUNCIL Meeting Agenda September 11, 2019 * 20190766 Fairgate Road and Heathersett Drive Utilities Motion authorizing a variance from the Underground Utilities ordinance to allow the installation of fiber to be over lashed on existing fiber along Fairgate Rd from Heathersett Dr to Powder Springs St. 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. . * 20190767 Allgood Road and Cobb Pkwy N. Utilities Motion authorizing a variance from the Underground Utilities ordinance to allow the installation of fiber to be over lashed on existing fiber along Allgood Rd from Cobb Pkwy North to Foot Path Lane. 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. * 20190770 Kassandra Drive Traffic Calming Motion authorizing Public Works to install driver feedback signs on Kassandra Drive using Ward 7 funds. * 20190771 Collins Road Parking Motion authorizing a no parking zone to be installed along Collins Road from Canton Road for the entire length of Collins Road. * 20190772 Cameron Glen Subdivision Traffic Calming Motion authorizing Public Works to install additional speed limit signage throughout the subdivision and to install additional stop signs at the following intersections for the Cameron Glen subdivision: Testaroa Way/Cameron Creek; Crown Terrace/Cameron Creek; and both intersections of Crown Terrace/Cameron Glen Dr. * 20190774 Waverly Way Project AT&T ROW Donation Motion accepting the donation of right-of-way, permanent easement, and temporary easement at 33 Powder Springs St from AT&T. OTHER BUSINESS: City of Marietta Page 9 Printed on 9/10/2019 2:54:38PM CITY COUNCIL Meeting Agenda September 11, 2019 20190814 Disability Retirement Appeal Hearing The City Council will hear an appeal from David Jenkins regarding the Pension Board’s decision to deny his disability retirement application. The Pension Board decision to deny the application was approved February 14, 2019, by a vote of 8-0-0, with one member absent, and upheld at an appeal hearing on June 28, 2019, by a vote of 8-0-0, with one member absent. THIS ITEM WILL FOLLOW THE LAST PUBLIC HEARING * 20190842 292 Vance Circle Motion to hear the appeal of Chris Campbell at 292 Vance Circle regarding the request to grant a Certificate of Approval for a demolition permit and to approve the rebuilding of the structure at 292 Vance Circle. * 20190803 21st Century Community Learning Centers Grant Motion to approve the 21st Century Community Learning Centers Grant Award for the YELLS program and the accompanying FY2020 Budget Amendment. * 20190838 234 Forest Avenue Settlement Motion to approve Settlement, Release, and Covenant Not to Sue Agreement among Riley Tasker, Daphne Hill, the City of Marietta, and the Board of Lights and Water subject to the final approval of the Municipal Judge for the City of Marietta and the City Prosecutor for the City of Marietta. This motion authorizes the Mayor and City Clerk to execute said document. * 20190830 BLW Actions of September 9, 2019 Review and approval of the September 9, 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 10 Printed on 9/10/2019 2:54:38PM