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, December 11, 2019 7:00 PM Council Chamber CALL TO ORDER: INVOCATION: Council Member Michelle Cooper Kelly, Ward 6 PLEDGE OF ALLEGIANCE: PRESENTATIONS: PROCLAMATIONS: 20191141 Honoring Mayor Max Bacon Honoring Mayor Max Bacon for the service for the City of Smyrna and for Cobb County. Presented by Council Member Grif Chalfant ANNOUNCEMENTS OF GENERAL COMMUNITY INFORMATION BY THE MAYOR, COUNCIL AND/OR CITY MANAGER: SCHEDULED APPEARANCES: Each speaker is allotted five (5) minutes. 20191044 Scheduled Appearance Scheduled Appearance - Donald Barth City of Marietta Page 1 Printed on 12/10/2019 2:13:14PM CITY COUNCIL Meeting Agenda December 11, 2019 20191112 Scheduled Appearance Scheduled Appearance - Dr. Ben Williams 20191120 Scheduled Appearance Scheduled Appearance - Pax Riddle 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: * 20191073 Regular Meeting - November 13, 2019 Review and approval of the November 13, 2019 regular meeting minutes. * 20191074 Special Meeting - November 26, 2019 Review and approval of the November 26, 2019 special meeting minutes. MAYOR’S APPOINTMENTS: (for informational purposes only) 20191121 Appointment of BLW Council Member Appointment of Council Member Andy Morris of Ward 4 to serve on the BLW Board for a one-year term commencing January 1, 2020 and ending December 31, 2020. CITY COUNCIL APPOINTMENTS: * 20190035 Ethics Committee - Council Appointment Appointment of Trey Mosgovoy to the Ethics Committee for a two (2) year term expiring December 11, 2021. * 20191062 Civil Service Board Appointment (Council Appointment) Reappointment of James Tarvin to the Civil Service Board (Post 3), to fill the expiring appointment of James Tarvin, for three (3) year term beginning January 1, 2020 and expiring December 31, 2022. City of Marietta Page 2 Printed on 12/10/2019 2:13:14PM CITY COUNCIL Meeting Agenda December 11, 2019 * 20191066 Planning Commission Appointment (Ward 6) Reappointment of Robert Kinney (Ward 6) to the Planning Commission for three (3) year term expiring December 11, 2022. * 20191075 Planning Commission Appointment (Ward 1) Reappointment of Jay Davis to the Planning Commission (Ward 1) for a term of three (3) years, expiring December 11, 2022. * 20191031 Marietta Pension Board - Post 4 (General Employee Representative) Appointment of Rich Buss to the Marietta Pension Board (Post 4) for a three-year term, beginning on January 1, 2020, and expiring December 31, 2022. * 20191032 Marietta Pension Board - Post 5 (General Employee Representative) Appointment of Patina Brown to the Marietta Pension Board (Post 5) for a three-year term, beginning on January 1, 2020, and expiring December 31, 2022. * 20191033 Marietta Pension Board - Post 8 (Police Representative) Appointment of Lieutenant Patrick Bonito, Jr. to the Marietta Pension Board (Post 8) for a three-year term, beginning on January 1, 2020, and expiring December 31, 2022. ORDINANCES: City of Marietta Page 3 Printed on 12/10/2019 2:13:14PM CITY COUNCIL Meeting Agenda December 11, 2019 20190981 Z2019-34 [REZONING] ELLIOTT HOMES, LTD Z2019-34 [REZONING] ELLIOTT HOMES, LTD is requesting the rezoning of 6.62 acres located in Land Lot 1124, District 16, Parcels 0480, 0450, 0420, 0460, & 1000 of the 2nd Section, Cobb County, Georgia, and being known as 931, 875, 871, 819 Polk Street and 103 Mountain View Road from R-1 (Single Family Residential/Agriculture) and R-4 (Single Family Residential - 4 units/acre) to PRD-SF (Planned Residential Development - Single Family). Ward 3A. Mr. Diffley made a motion, seconded by Mr. McClure, 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: · Letter of stipulations and variances from Sams, Larkin, Huff & Balli, LLP to Rusty Roth, Development Services Director for the City of Marietta, dated December 6, 2019. The Planning Commission recommended for Approval as Stipulated. Public Hearing (all parties are sworn in) 20190982 Z2019-35 [REZONING] TRATON, LLC Z2019-35 [REZONING] TRATON, LLC is requesting the rezoning of 11.19 acres located in Land Lot 251, District 20, Parcel 0020 of the 2nd Section, Cobb County, Georgia, and being known as a portion of 1725 Stilesboro Road from R-20 (Single Family Residential - Cobb County) to PRD-SF (Planned Residential Single Family - City). Ward 4C. 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 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 November 25, 2019. The Planning Commission recommended for Approval as Stipulated. Public Hearing (all parties are sworn in) City of Marietta Page 4 Printed on 12/10/2019 2:13:14PM CITY COUNCIL Meeting Agenda December 11, 2019 20190983 A2019-04 [ANNEXATION] TRATON, LLC A2019-04 [ANNEXATION] TRATON, LLC is requesting the annexation of property located in Land Lot 251, District 20, Parcel 0020 of the 2nd Section, Cobb County, Georgia and being known as a portion of 1725 Stilesboro Road, and any associated right of way, consisting of approximately 11.19 acres. Ward 4C. Mr. Diffley made a motion, seconded by Mr. Hunter to recommend approval as submitted. The motion carried 6-0-0. The Planning Commission recommended for Approval. Public Hearing (all parties are sworn in) 20190984 CA2019-05 [CODE AMENDMENT] CA2019-05 [CODE AMENDMENT] In conjunction with the requested annexation of property located in Land Lot 251, District 20, Parcel 0020 of the 2nd Section, Cobb County, Georgia and being known as a portion of 1725 Stilesboro Road, the City of Marietta proposes to designate the Future Land Use of said property as LDR (Low Density Residential). Ward 4C. Ms. McCrae made a motion, seconded by Mr. Hunter to recommend approval as submitted. The motion carried 6-0-0. The Planning Commission recommended for Approval. Public Hearing (all parties are sworn in) 20190873 CA2019-06 [CODE AMENDMENT] CA2019-06 [CODE AMENDMENT] Proposal to amend the Comprehensive Development Code of the City of Marietta, Division 708.01 Single Family Residential/Agriculture - 1 unit/acre (R-1), Division 708.02 Single Family Residential - 2 units/acre (R-2), Division 708.03 Single Family Residential - 3 units/acre (R-3), Division 708.04 Single Family Residential - 4 units/acre (R-4), Division 708.09 Planned Residential Development - Single Family (PRD-SF), Division 708.14 Planned Residential Development - Multi Family (PRD-MF), and Division 724.02, Division of Terms, regarding accessory dwelling units and accessory structures. Mr. Diffley made a motion, seconded by Mr. McClure, to recommend approval as submitted. The motion carried 6-0-0. The Planning Commission recommended for Approval. Public Hearing (all parties are sworn in) City of Marietta Page 5 Printed on 12/10/2019 2:13:14PM CITY COUNCIL Meeting Agenda December 11, 2019 20190985 CA2019-07 [CODE AMENDMENT] CA2019-07 [CODE AMENDMENT] Proposal to amend the Comprehensive Development Code of the City of Marietta, Division 708.01 Single Family Residential/Agriculture - 1 unit/acre (R-1), Division 708.02 Single Family Residential - 2 units/acre (R-2), Division 708.03 Single Family Residential - 3 units/acre (R-3), Division 708.04 Single Family Residential - 4 units/acre (R-4), Division 708.05 Single Family Residential - Attached (RA-4), Division 708.06 Single Family Residential - Attached (RA-6), Division 708.07 Single Family Residential - Attached (RA-8), Division 708.08 Mobile Home Park (MHP), Division 708.09 Planned Residential Development - Single Family (PRD-SF), Division 708.10 Multi Family Residential (RM-8), Division 708.11 Multi Family Residential (RM-10), Division 708.12 Multi Family Residential (RM-12), Division 708.13 Residential High Rise (RHR), Division 708.14 Planned Residential Development - Multi Family (PRD-MF), and Division 724.02, Division of Terms, regarding party houses. Mr. Diffley made a motion, seconded by Mr. Anderson, to recommend approval as submitted. The motion carried 6-0-0. The Planning Commission recommended for Approval. Public Hearing (all parties are sworn in) RESOLUTIONS: CITY ATTORNEY'S REPORT: * 20191080 Denial of Claim Denial of Claim for Valerie Arroyo. CITY MANAGER'S REPORT: MAYOR'S REPORT: COMMITTEE REPORTS: 1. Economic/Community Development: Johnny Walker, Chairperson * 20191045 Reallocation of Program Year 2019 CDBG Funds Motion to approve the resolution for reallocation of program year 2019 Community Development Block Grant funds. City of Marietta Page 6 Printed on 12/10/2019 2:13:14PM CITY COUNCIL Meeting Agenda December 11, 2019 2. Finance/Investment: Joseph R. Goldstein, Chairperson 3. Judicial/Legislative: G. A. (Andy) Morris, Chairperson 20190780 Charter Amendment to Section 5.14 Motion to approve the Charter Amendment to the Charter for City of Marietta amending Section 5.14 entitled Operating Companies. Second Reading Public Hearing 20190947 Small Cell Ordinance Motion to approve proposed amendments to Marietta Code Section 5-6 Small Cell Ordinance. Second Reading * 20191057 Zoning Stipulation Modification - Estates at Parkside Motion to amend Stipulation #6 of Z2014-26 to allow stucco as a primary building material. 20191058 Final Plat - Grammercy Park Motion to approve the final plat for Grammercy Park (Frasier Street Townhomes) with the following changes: 1. To reduce the driveway length to no less than 13’ for Lot 23 instead of Lot 25, as stipulated and approved on the detailed plan. 2. To allow the existing wood and black, vinyl-coated chain link fence remain rather than the decorative 6’ tall wrought iron fence called for on the approved detailed plan. Shrubs compatible with planting on/near detention pond dam and to adequately screen the fence will still be required. * 20191059 Preliminary Plat - Mountain View Road Motion to approve the preliminary plat to subdivide 248 Mountain View Road into four parcels and to not provide sidewalk along Mountain View Ridge Road. 4. Parks, Recreation and Tourism: Michelle Cooper Kelly, Chairperson City of Marietta Page 7 Printed on 12/10/2019 2:13:14PM CITY COUNCIL Meeting Agenda December 11, 2019 5. Personnel/Insurance: Cheryl Richardson, Chairperson 6. Public Safety Committee: Reggie Copeland, Chairperson 20191067 Cobb County Sheriff's Office Prisoner Housing Contract Motion to approve the Cobb County Sheriff's Office Prisoner Housing Contract. 7. Public Works Committee: Grif Chalfant, Chairperson * 20191050 Saine Drive Utilities Motion authorizing a variance from the Underground Utilities ordinance to allow the installation of new fiber optic cables and poles along Saine Drive from Sandtown Road to Roberta Drive. This motion does not grant a perpetual variance. AT&T must relocate underground at their expense if other utilities at the location are moved underground. * 20191051 South Fairground Street Utilities Motion authorizing a variance from the Underground Utilities ordinance to allow the installation of temporary fiber to be over lashed on existing fiber along South Fairground Street from Gene Atkins Alley to Haley Street. This motion does not grant a perpetual variance. AT&T must relocate underground at their expense if other utilities at the location are moved underground. * 20191049 Skyview Drive and Austin Avenue Intersection Improvements Motion authorizing Public Works to proceed with the intersection improvement at Skyview Drive and Austin Avenue. * 20191052 Roosevelt Circle Parking Motion authorizing a no parking zone to be installed along Roosevelt Circle from Cole St. to McIntosh Ave. * 20191054 Lakes of Stonegate Subdivision Traffic Calming Motion authorizing Public Works to conduct the speed study in the Lakes of Stonegate Subdivision to determine if traffic calming devices are needed. City of Marietta Page 8 Printed on 12/10/2019 2:13:14PM CITY COUNCIL Meeting Agenda December 11, 2019 * 20191055 KMCR Gap CSX Construction Agreement Motion to approve the Construction Agreement from CSX Transportation for construction of the KMCR Gap TE Project. * 20191060 Private Alley - Mountain View Subdivision Motion to approve the request to build a private alley linking Mountain View Road to Mountain View Ridge Road, per Section 716.06 and in conjunction with the preliminary plat for 248 Mountain View Road, with the following stipulation: 1. The individual homeowners will be responsible for all maintenance costs associated with the private alley. Within all sales information, purchase contracts, and the like, notification shall be provided to all future and potential homeowners of the requirement to maintain the private alley. OTHER BUSINESS: 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) * 20191119 Engagement Letter Motion to approve an engagement letter between Pomerantz, LLP and the City of Marietta. * 20191102 Historical Plaque for Hugh L. Grogan Jr. Motion to authorize a historical plaque for the naming of Hugh L. Grogan Jr. Community Recreation Center. City of Marietta Page 9 Printed on 12/10/2019 2:13:14PM CITY COUNCIL Meeting Agenda December 11, 2019 * 20191138 36 and 30 Marietta Walk Trace Motion authorizing acquisition of an easement at 36 Marietta Walk Trace from Century Communities of Georgia, LLC for the purpose of constructing the Powder Springs Streetscape - Sandtown Rd to S Marietta Parkway Project in exchange for $2,300.00 and stipulations as listed below. * 20191139 137 S. Fairground Street Motion authorizing acquisition of easements at 137 S. Fairground Street from Pristine Cars and Trucks, Inc. for the purpose of constructing the Fairground St - South Marietta Parkway to Roswell Street (Fairground B) Project in exchange for $900.00. 20191140 686 Powder Springs Street Motion authorizing condemnation for acquisition of a portion of property and easements at 686 Powder Springs Street for the purpose of constructing the Powder Springs Streetscape - Sandtown Rd to S Marietta Parkway Project. * 20191108 BLW Actions of December 9, 2019 Review and approval of the December 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 12/10/2019 2:13:14PM