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, November 13, 2019 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Reggie Copeland, Ward 5 PLEDGE OF ALLEGIANCE: PRESENTATIONS: 20190939 Citizens’ Police Academy Graduates Presentation of the Citizens’ Police Academy graduating class. Silvia Barbuto Darlene Bloomstran Steve Dickinson Ashley Morales Karen Norum Donna Ross Warren Raymer Carina Subagio Edrish Jim Watson PROCLAMATIONS: ANNOUNCEMENTS OF GENERAL COMMUNITY INFORMATION BY THE MAYOR, COUNCIL AND/OR CITY MANAGER: City of Marietta Page 1 Printed on 11/12/2019 2:50:09PM CITY COUNCIL Meeting Agenda November 13, 2019 SCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes. 20191011 Scheduled Appearance Scheduled Appearance - Larry Wills 20191036 Scheduled Appearance Scheduled Appearance - Steve Johnson 20191039 Scheduled Appearance Scheduled Appearance - George Bentley 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: * 20190951 Regular Meeting - October 10, 2019 Review and approval of the October 10, 2019 regular meeting minutes. * 20190952 Special Meeting - October 10, 2019 Review and approval of the October 10, 2019 special meeting minutes. MAYOR’S APPOINTMENTS: (for informational purposes only) CITY COUNCIL APPOINTMENTS: * 20191021 Historic Preservation Commission Appointment Ward 3 Appointment of Chris Campbell to the Historic Preservation Commission (Ward 3), for a three (3) year term expiring November 13, 2022. ORDINANCES: City of Marietta Page 2 Printed on 11/12/2019 2:50:09PM CITY COUNCIL Meeting Agenda November 13, 2019 20190789 Z2019-32 [REZONING] WHITE CASTLE CONSULTING, LLC Z2019-32 [REZONING] WHITE CASTLE CONSULTING, LLC is requesting the rezoning of 1.975 acres located in Land Lot 8, District 17, Parcel 0040 of the 2nd Section, Cobb County, Georgia, and being known as 1435 Cunningham Road from RA-8 (Single Family Residential - Attached) to RA-8 (Single Family Residential - Attached). Ward 2B. Mr. Diffley made a motion, seconded by Ms. McCrae, to recommend approval as stipulated. The motion carried 6-0-0. If Council approves the rezoning, the following stipulations would be incorporated as conditions of zoning: Stipulations: · Revised letter of stipulations and variances from Adam Rozen of Sams, Larkin, Huff & Balli, LLP to Rusty Roth, Development Services Director for the City of Marietta, dated November 7, 2019. · Applicant agrees to the donation of sufficient right of way to include the full width of the proposed sidewalk, with the condition that the front setback be measured from the existing, not proposed, right of way. The Planning Commission recommended for Approval as Stipulated. Public Hearing (all parties are sworn in) City of Marietta Page 3 Printed on 11/12/2019 2:50:09PM CITY COUNCIL Meeting Agenda November 13, 2019 20190896 Z2019-33 [REZONING] JAMES FRANCIS MCDONALD Z2019-33 [REZONING] JAMES FRANCIS MCDONALD is requesting the rezoning of 0.43 acres located in Land Lot 1094, District 16, Parcel 0280 of the 2nd Section, Cobb County, Georgia, and being known as 1131 Beech Street from R-4 (Single Family Residential - 4 units/acre) to R-4 (Single Family Residential - 4 units/acre) with a variance to increase density to 4.7 units/acre. Ward 6A. Mr. Diffley made a motion, seconded by Mr. Anderson, to recommend approval as submitted. The motion carried 6-0-0. If Council approves the rezoning, the following variances would be incorporated as conditions of zoning: Variances: 1. Variance to increase the density from 4 units/acre to 4.76 units/acre for the construction of two homes on 0.42 acres. [§708.04 (H)] 2. Variance to reduce the side setback for an unenclosed patio from 5’ to 1’ for the southernmost lot. [§710.14] & [§708.04 (H)] The Planning Commission recommended for Approval as Stipulated. Public Hearing (all parties are sworn in) RESOLUTIONS: CITY ATTORNEY'S REPORT: * 20190943 Denial of Claim Denial of Claim for Cora Miller. CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: 1. Economic/Community Development: Johnny Walker, Chairperson 2. Finance/Investment: Joseph R. Goldstein, Chairperson City of Marietta Page 4 Printed on 11/12/2019 2:50:09PM CITY COUNCIL Meeting Agenda November 13, 2019 * 20190953 FY2019 Budget Reconciliation Motion to amend the ordinance to the fiscal year 2019 budget to address the annual year-end settlement of accounts. 3. Judicial/Legislative: G. A. (Andy) Morris, Chairperson * 20190968 Final Plat - Parkside East Phase II Motion to approve the final plat for Parkside East Phase II at Allgood Road and Lawanna Drive with the following changes: 1. Modification of stipulation (24.)(a.) from Z2018-05 requiring the installation of sidewalk on the east side of Lawanna Drive to only the locations identified on the final plat. 2. Allowing the fence along Allgood Road be installed with the framing facing outward, towards Allgood Road. * 20190969 Final Plat - 1825 Stilesboro Rd Motion to approve the final plat for 1825 Stilesboro Road with a modification in the detailed plan to allow 6’ wood privacy fences instead of black vinyl coated chain link around the detention ponds. * 20190970 Preliminary Plat - The Overlook at Bells Ferry Motion to approve the request by Loyd Development Services for approval of the preliminary plat for a 40 unit townhome attached development at 1691 Bells Ferry Road, zoned RA-8 with the following variances: 1. Variance to allow a cul-de-sac to exceed 700 feet in length; and thereby allowing the proposed cul-de-sac to have a length of approximately 969 feet. 2. Modification to the stipulation stated in the letter by Garvis L. Sams Jr. to Shelby Little dated September 6, 2018 (#8.b) to further reduce the minimum lot width to 24 feet. * 20190873 Code Amendment - Residential Zones Motion authorizing staff to advertise code amendments to clarify uses and restrictions in residential zoning districts. City of Marietta Page 5 Printed on 11/12/2019 2:50:09PM CITY COUNCIL Meeting Agenda November 13, 2019 20190979 Revocable Easement Agreement between the City of Marietta and Wellstar Health System, Inc. Motion to approve Revocable Easement Agreement between the City of Marietta and Wellstar Health System, Inc. and related entities related to Variance 2019-31. 20190980 1101 Powder Springs Street Motion to approve the First Amendment to Purchase and Sale Agreement for the property at 1101 Powder Springs Street. * 20190985 Party Houses Motion to authorize the advertisement and holding of required public hearings to amend certain sections of the Comprehensive Development Code for the City of Marietta related to Party Houses. Council Member Richardson abstaining * 20190902 2020 City Council Meeting Dates Motion to the approve the 2020 proposed meeting dates for City Council & Committee Meetings. 20190947 Small Cell Ordinance Motion to approve proposed amendments to Marietta Code Section 5-6 Small Cell Ordinance. First Reading 4. Parks, Recreation and Tourism: Michelle Cooper Kelly, Chairperson * 20190959 Street Closure Request for the 2020 Farmer’s Market Motion to approve the annual request for street closures to conduct the 2020 Marietta Square Farmer’s Market as requested by the Downtown Marietta Development Authority (DMDA). Council member Goldstein disclosed that his aunt, Paula Shea, is on the DMDA Board. City of Marietta Page 6 Printed on 11/12/2019 2:50:09PM CITY COUNCIL Meeting Agenda November 13, 2019 * 20190960 Street Closure Request for Marietta Square Artist’s Market Motion authorizing the closure of Mill St. from the railroad tracks to W. Park Square for the Marietta Square Artists Market as available the 2nd and 4th Saturdays of the month from April 11th through December 12, 2020. * 20190975 Glover Park Concert Series Attendees Motion to authorize the City Staff to remove stakes, tape, rope, ribbon, or similar barriers that cordon off spaces at the Glover Park Concert Series or other events as posted. 20190998 Rename the Lawrence Street Recreation Center Motion to approve the renaming of the Lawrence Street Recreation Center to the Hugh L. Grogan, Jr. Recreation Center in honor of the First African American Council Member in the City of Marietta. 5. Personnel/Insurance: Cheryl Richardson, Chairperson 6. Public Safety Committee: Reggie Copeland, Chairperson 7. Public Works Committee: Grif Chalfant, Chairperson * 20190962 Mountain Brook Court No Parking Motion authorizing a no parking zone to be installed along Mountain Brook Court from Burnt Hickory Road to the intersection of Mountain Brook Lane. * 20190967 East New Salem Common No Parking Area Motion authorizing a no parking zone to be installed along East New Salem Common from Burnt Hickory Road to the end of the road at the cul-de-sac. * 20190963 Locust Street and Winn Street Intersection Improvements Motion authorizing Public Works to proceed with the intersection improvements at Locust Street and Moon Street and at Winn Street and Moon Street. City of Marietta Page 7 Printed on 11/12/2019 2:50:09PM CITY COUNCIL Meeting Agenda November 13, 2019 * 20190964 Cobb Parkway 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 Parkway from White Circle to Bells Ferry 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. . * 20190965 Powers Ferry Place Utilities Motion authorizing variance from the underground utility’s ordinance allowing a new utility pole and replacement of an existing utility pole at 1130 Powers Ferry Place. 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. * 20190974 Carriage Oaks Drive Speed Study Motion authorizing Public Works to proceed with the Public Information Meeting for Speed Tables on Carriage Oaks Drive in accordance with the Speed Table Policy. OTHER BUSINESS: 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. Public Hearing (All parties sworn in) City of Marietta Page 8 Printed on 11/12/2019 2:50:09PM CITY COUNCIL Meeting Agenda November 13, 2019 20190897 V2019-34 [VARIANCE] CAR GUYS, INC V2019-34 [VARIANCE] CAR GUYS, INC is requesting variances for properties located in Land Lot 1237, District 16, Parcels 0340 & 0560, 2nd Section of Cobb County, Marietta, Georgia and being known as 952 & 956 Roswell Street. Ward 7A. If Council approves the rezoning, the following stipulations would be incorporated as conditions of zoning: 1. Letter of stipulations from Adam Rozen of Sams, Larkin, Huff & Balli, LLP, to Shelby Little, Planning & Zoning Manager, for the City of Marietta, dated November 7, 2019. Public Hearing (All parties sworn in) * 20191012 Revised Detailed Plan - Frasier Street Townhomes Elevations Motion to approve the attached townhome elevations for Frasier Street Townhomes, to be known as Grammercy Park. * 20191041 540 Powder Springs Street Motion authorizing condemnation for acquisition of a portion of property and easements at 540 Powder Springs Street from Club Office Park Condominium Association for the purpose of constructing the Powder Springs Streetscape - Sandtown Rd to S Marietta Parkway Project. * 20191042 47 Gramling Street Motion authorizing condemnation for acquisition of a portion of property and easements at 47 Gramling Street from Ivo Horak for the purpose of constructing the Powder Springs Streetscape - Sandtown Rd to S Marietta Parkway Project. 20191035 138 Rigby Street Motion to approve the total payoff to the City of Marietta for existing lien on 138 Rigby Street, owned by Cynthia L. Hull-Shelton, to be set at $23,245.61. However, if the property is not sold within 90 days after the final order, the principal and all back interest will be due and payable. City of Marietta Page 9 Printed on 11/12/2019 2:50:09PM CITY COUNCIL Meeting Agenda November 13, 2019 20190780 Charter Amendment to Section 5.14 Motion to approve the first reading of an Amendment to the Charter for City of Marietta amending Section 5.14 entitled Operating Companies. First Reading Public Hearing * 20190954 BLW Actions of November 11, 2019 Review and approval of the November 11, 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 11/12/2019 2:50:09PM