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 Thursday, October 10, 2019 7:00 PM Council Chamber DRAFT CALL TO ORDER: INVOCATION: Council Member Andy Morris, Ward 4 PLEDGE OF ALLEGIANCE: PRESENTATIONS: City of Marietta Page 1 Printed on 10/4/2019 3:57:26PM CITY COUNCIL Meeting Agenda October 10, 2019 20190909 2019 Public Power & Clean Water Week Poster Contest Winners Michael Musser from Marietta Water with the assistance of Mayor Tumlin will be presenting the 2019 Public Power & Clean Water Week poster contest winners of Park Street Elementary. Power Name Place Teacher Mia Meja Grand Prize Ms. Langdon Melanie Escobar 1st place Ms. Bradley Stephani Ramirez-Espinosa 2nd place Ms. Langdon Samantha Vazques 3rd place Ms. Hathaway Water Name Place Teacher Breanna Rodreguez Grand Prize Ms. Olusegun Ashley Izaguirre-Quiroz 1st place Ms. Montgomery Cali Foster-Curry 2nd Place Ms. Staphylaris Mikayla Campbell 3rd place Ms. Katz 20190910 Fire Prevention Week Poster Contest Winners Fire Department recognizing the 3rd grade students from each of the Marietta City Schools, who are the winners of the Fire Prevention Week poster contest. The Grand Prize Winner will be announced the 10th of October. PROCLAMATIONS: 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). MINUTES: City of Marietta Page 2 Printed on 10/4/2019 3:57:26PM CITY COUNCIL Meeting Agenda October 10, 2019 20190893 Regular Meeting - September 11, 2019 Review and approval of the September 11, 2019 regular meeting minutes. MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: ORDINANCES: 20190786 Z2019-31 [REZONING] MPC REAL ESTATE HOLDINGS, LLC (ANNE G. CHAVANNE) Z2019-31 [REZONING] MPC REAL ESTATE HOLDINGS, LLC (ANNE G. CHAVANNE) is requesting the rezoning of 0.32 acres located in Land Lot 1215, District 16, Parcel 0970 of the 2nd Section, Cobb County, Georgia, and being known as 586 Fort Street from CRC (Community Retail Commercial) to OI (Office Institutional). Ward 5A. If Council approves the rezoning, the following stipulations and variance would be incorporated as conditions of zoning: Stipulation: 1. Correction made to Variance #2 lot size is 13,000 sq. ft., not 18,000 sq. ft. 2. Applicant is aware that sprinklers will be required. Variances: 1. Variance to increase the maximum allowable beds from six (6) to twelve (12) for a personal care home. [§708.23 (B.19.b)] 2. Variance to reduce the minimum lot size from 20,000 sq. ft. to approximately 13,000 sq. ft. [§708.23 H] 3. Variance to allow the encroachment of the existing structure into the front and side yard setbacks. [§708.23 H] 4. Variance to waive the requirements for the Commercial Corridor Design Overlay - Tier B. [§712.09 (G)] The Planning Commission recommended for Approval as Stipulated. Mr. Diffley made a motion, seconded by Mr. Davis, to recommend approval as stipulated. The motion carried 7-0-0. Public Hearing (all parties are sworn in) RESOLUTIONS: City of Marietta Page 3 Printed on 10/4/2019 3:57:26PM CITY COUNCIL Meeting Agenda October 10, 2019 CITY ATTORNEY'S REPORT: 20190855 Denial of Claim Denial of Claim for Yvette Brown. 20190899 Denial of Claim Denial of Claim for Ava Ball. CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: 1. Economic/Community Development: Johnny Walker, Chairperson 2. Finance/Investment: Joseph R. Goldstein, Chairperson 3. Judicial/Legislative: G. A. (Andy) Morris, 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. Second Reading 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 Second Reading 4. Parks, Recreation and Tourism: Michelle Cooper Kelly, Chairperson City of Marietta Page 4 Printed on 10/4/2019 3:57:26PM CITY COUNCIL Meeting Agenda October 10, 2019 20190901 Authorizing Additional Projects at Laurel Park Motion authorizing an expenditure not to exceed $70,673 of the remaining 2009 Parks Bond budget allocated for Laurel Park to repair the track and the pond pump system at Laurel Park. 5. Personnel/Insurance: Cheryl Richardson, Chairperson 6. Public Safety Committee: Reggie Copeland, Chairperson * 20190876 Edward Byrne Memorial Grant Award Motion to approve an Ordinance amending the Fiscal Year 2020 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 $22,841.00 to purchase equipment for the Crisis Response Team (CRT) to include tactical gear and vests. 7. Public Works Committee: Grif Chalfant, Chairperson * 20190858 Kennesaw Mountain Chattahoochee River (KMCR)- Easement Motion authorizing the City to execute the Non-Exclusive Easement Agreement for Construction and Operation with the State of Georgia for the (KMCR) Gap trail rail crossing at East Dixie Avenue. * 20190860 Polk and Mountain View Motion to declare the 2011 SPLOST Polk Street at Mountain View intersection project infeasible and to approve the Intersection Improvement Concept for Polk Street at Mountain View. . Council Member Grif Chalfant Opposed * 20190861 Polk and Stewart Traffic Calming Motion authorizing Public Works to install 5 Driver Feedback Signs on Polk St. and Stewart Ave. 2016 SPLOST ATMS funds. * 20190864 Bellemeade Drive Traffic Calming Motion to change the posted speed limit on Bellemeade Drive to 25 MPH for the portion of Bellemeade Drive in the city limits. City of Marietta Page 5 Printed on 10/4/2019 3:57:26PM CITY COUNCIL Meeting Agenda October 10, 2019 * 20190863 Sandtown Road Utilities Motion authorizing a variance from the Underground Utilities ordinance to allow the installation of fiber to be over lashed on existing fiber along Sandtown Rd from Powder Springs St to 900 Sandtown Road. 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. * 20190865 Pauladean Circle Utilities Motion authorizing a variance from the city’s underground utility’s ordinance for Marietta Power to install a new utility lift pole, at the property line, of 264 & 274 Pauladean Circle. 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. * 20190867 FY20 Transportation Improvement Program (TIP) Funding Motion to approve resolution in support of the North Marietta Parkway Multi-Use Trail and Streetscape project for the ARC’s FY2020 (TIP) Solicitation and commitment of 20 percent matching funds. * 20190898 1725 Ashborough Road Motion to authorize the City Attorney to proceed with the acceptance of donation of this property and pay all related taxes. * 20190900 348 Powder Springs Street Motion to authorize the acquisition of property interests from Barnes Land and Investment, LLC for the sum of $103,000 upon the terms and conditions set forth in an agreement regarding the purchase and sale of right away. OTHER BUSINESS: City of Marietta Page 6 Printed on 10/4/2019 3:57:26PM CITY COUNCIL Meeting Agenda October 10, 2019 20190761 V2019-30 [VARIANCE] ROSWELL STREET BAPTIST CHURCH, INC V2019-30 [VARIANCE] ROSWELL STREET BAPTIST CHURCH, INC is requesting variances for property located in Land Lot 1236, District 16, Parcel 0010, 2nd Section of Cobb County, Marietta, Georgia and being known as 774 Roswell Street. Ward 1A. 1. Variance to increase the allowable sign height for a freestanding sign from 8 feet to 12 feet. [§714.04 (F.) TABLE H] 2. Variance to increase the area for a sign structure from 60 square feet to 114 square feet. [§714.04 (F.) TABLE H] 3. Variance to reduce the setback for a monument sign from 5 feet to 2.5 feet. [§714.04 (F)] 20190790 V2019-31 [VARIANCE] COBB COUNTY KENNESTONE HOSPITAL AUTHORITY (WELLSTAR HEALTH SYSTEM, INC) V2019-31 [VARIANCE] COBB COUNTY KENNESTONE HOSPITAL AUTHORITY (WELLSTAR HEALTH SYSTEM, INC) are requesting variances for property located in Land Lot 1074, District 16, Parcels 0310, 0330, 0320, & 0450, 2nd Section of Cobb County, Marietta, Georgia and being known as 115 & 127 Cherry Street, 683 Cherokee Street, and 680 Church Street (a.k.a. 700 Church Street). Ward 4B. 1. Variances from §714.04 (F) for freestanding sign height, setbacks, face area, type, and number of signs per road frontage as part of a comprehensive sign package for WellStar Kennestone Hospital’s Emergency Services Building. 20190894 BLW Actions of October 7, 2019 Review and approval of the October 7, 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 7 Printed on 10/4/2019 3:57:26PM