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March 7/22, 1988 Council Meeting March 7, 1988 The at meeting of Mayor and Council was held pursuant to the at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon. All council present. Also present was City Attorney Charles E. Camp, City John Patterson, City Clerk Melinda Dameron and representatives of was Councilman Jim Hawkins, fallowed by the pledge to the flag. read a proclamation far Middle Level Education representatives of Nash Middle Schaal PTA. Mayor were several contractors here far the bid openings no objections from council, would move item 4-B(4), up on the agenda. of Bids for the renovation were opened, read and recorded as fallows: Hatcher & San $61,555 $24,120 - alternate Ridgeway Development $85,874 $36,571 - alternate Hoaster & Landry $73,985 $20,000 - alternate Hobgood ConstJ::'1.lc1;'ion $83,280 $45,380 alternate Bob Davis review slight Shinall the bids be turned over to the Police Committee for back to full council. Bob said there may be same to the plans that the committee would consider. Jack motion which carried 7-0. (A) Variance request Plaza Drive. front yard setback from 40 feet to 32 feet at 600 John porch and walker. Constance Taylor is requesting this variance to add a her home. Mrs. Taylor said her husband is handicapped allow him to view the outside world from his wheelchair or With Jerry discussion, Jack Shinall made a motion the variance be approved. seconded the motion which carried 7-0. (B) Proposal to remove speed humps in Vinings North. John Patterson said North to reduce unsuccessful and back in place and group in the audience :,;peed humps were put in some time ago in Vi_nings and traffic. The speed humps were somewhat last week without council approval. They are now removed by council action. There was a large bath sides of the issue. Wade North Wade humps Wade Lnenicka made a the City remove the two speed humps on Vi_nings Trail which was withdrawn to allow discussion from the audience. sa.id a petition been presented concerning the removal of the speed with 44 in favor of removing them, 10 opposed and 14 having no opinion. said he had met many times wi.th the neighbors and at the last meeting 25th, those were overwhelmingl.y in favor of removing the the neighborhood has been a problem to the extent shots fired into his home. The speed humps week and were re-installed pending a vote by were of Vinings North said he was in favor of removing the speed humps not doing the job they were intended to do; rather they have of homes and are damaging cars that drive over them. Mayor Bacon Drive and they began streets to development said in 1974 the city Council voted to permanently close Ashwood Mohawk Place. A company called Majestic Oaks later filed suit when development of Vinings North and in 1982 the courts ordered the be re-opened with speed humps placed an the main street of the to alleviate any traffic problems. A written letter from chuck Carr~ was introduced stating that the City has the authority to remove the speed humps to further the interest of the City in traff ic control, regulation and pol.ice power. steve Shupert of Vinings North opposed removing the speed humPS. He feels they are a great inconvience but they do help slow traffic. Dot Davison from Vinings North agreed that law enforcement has decreased since the speed humps were instal_led. Wayne Wadell stated that a speed hump is in front of his house and many critize him for it being there. He asked that if the speed humPS cannot be removed, if they be relocated and not be directly in front of his property. Ken Norton stated he had never been in favor of opening Ashwood Drive and Mohawk Place. Something needs to be done but he was not sure what the answer was. The problem is caused from the high school students using the street as a short cut. Shorty Long said he did not care one way or another because he had no problem with the traffic; however, he did not think the speed humps were helping to slow the traffic. Wade Lnenicka made the motion that the speed humps be removed and requested the increase of law enforcement activities randomly through the week. Bob Davis seconded the motion which carried 7-0. (C) Proposal to make Ashwood Drive one-way during designated hours. John Patterson stated that in an effort to eliminate the trough traffic in Vinings North, the segment of Ashwood Drive from Hickory Circle to Vinings North Trail be made one-way opposite the direction of traffic. Wade Lneni_cka 9:00 a.m. and He asked for a The show of hands added that the segment would be one-way west bound from 7:30 - east bound in the evenings, 3:00 6:00 p.m., week days only. show of hands of those residents in favor and those opposed. were approximately equal. Scott Funderburk of Ashwood Drive petitioned the neighborhood to keep the street as is. The results of the petition were that 27 homes wanted to leave Ashwood the way it is presently, 13 wanted to close it one-way, and 6 were undecided or did not care. Wade Lnenicka plight of the one-way. reported that the residents of Hickory Hills understood the Vini_ngs North residents, but they apposed making Ashwood Drive Norm Beverly of Ashwood Drive, said he was opposed to the recommendation but repeated that police enforcement was needed. He had a petition of 16 residents living on Ashwood Drive and Hickory Circle opposed to making Ashwood Drive one-way. Marilyn did not enforced. Beverly of Ashwood Drive was apposed to the recommendaton and said she think it was the answer; also, she questioned how it would be Jack Shinall felt that residents and the Homeowners Association should let the schaal. officials know there is a problem. Wade Lnenicka motioned that the section of Ashwood Drive be made one-way west from 7:30 to 9:00 a.m. and one-way east from 3:00 to 6:00 p.m. Motion died for lack of a seconded. (D) Amendment to Section 77-8 Charter. John Patterson stated that the Civil Service Board has presented an amendment to the charter to reflect a previous discussion and desire of Council to have a larger advertising period for vacancies. There was no public comment. Bob Davis read the admendment: Section 77-8. The Board shall cantrall all examinations and whenever an is to take place shall conduct such examinations. The notice of may run continuously for at least 15 days in the local and metro and other form of public service announcements as deemed the Civil Service Board. Such public noti_ces shall be posted at prominant places; two in the City of Smyrna which shall be as followed; the City Hall, post office, one in the Cobb County Courthouse. Bob motion the amendment be approved. Wade Lnenicka seconded and (E) Drive. Beer & Wine Package License Food Giant, 2370 South Cobb issuance Mr. Richard Joseph Flaherty has submitted an application for Food Giant Incorporated. Mr. Flaherty is the located at 2370 South Cobb Drive has had 1976. Smyrna Police Department has made a applicant and found nothing which preclude the Mr. Flaherty. There was held five understood approved. no other our City Jerry Mills granting the license. Mr. Flaherty stated that he in the County as General Manager of Food Giant and Kathy Jordon motioned that the license be seconded and motion passed 7-0. FORMAL BUSINESS (A) Ordinance Amendment Excavating & Trenching. John county has recently experienced a rash of deaths and by the improper excavation and stabilization of increase in this type of accident, Cobb County has ordinance. This will now allow county inspectors to stop are unsafe trenching practices. The City of Smyrna must also ordinance to control excavation work within the City limits. of the ordinance will provide us with an enforceable law to protect the health, safety and welfare of those working in and around open trenches. Chuck Camp has reviewed the ordinance. was in 7-0. ordinance be adapted and kept on file in the stated that he supported the ordinance and it Wade Lnenicka seconded the motion which passed (B) Bid (1) Sledge Packer: Humphry's Ditch Witch of EEE Equipment Conn Equipment, Inc. Products $l,036.09 $1,588.00 $1,300.00 $1,294.00 Wade Lnenicka consideration the motion which carried 7-0. that bids be sent to Public Works Committee for before Mayor and Council. Jim Hawkins seconded (2) Boring Machine: Conn Equipment, Inc. Ditch Witch of Georgia $6,420.00 $3,594.00 $7,995.00 $8,200.00 EEE Equipment Company that the bids be turned over to the Public Works a recommendation be brought back before Mayor and seconded the motion which carried 7-0. ( 3 ) Water Pump: 's $957.00 $662.22 Products March 7, 1988 continued Ditch Witch of Georgia EEE Equipment Company $1,236.00 $1,027.00 Wade Lnenicka made the mati_on that the bids be turned over to the Public Works Committee for review and a recommendation be brought back before Mayor and Council. Jim Hawkins seconded the motion which passed 7-0. (C) Conveyance of right of way - Spring & Campbell Road John Patterson stated that RCC Investments is relocating Campbell Road in exchange of the existing Campbell Road right-of-way. The attached plat must be approved by Mayor and Council before Spring Campbell Partners, Ltd. can have it recorded. At the time of rezoning for the shoppi.ng center it was stipulated that Campbell Road be relocated. Approval of this plat will facilitate the relocation. Bob Davis said there would be one small amendment to the plat presented which would free up some additional frontage far the property owner to the east. The amendment to the plat will not have any effect on the traffic flow. Bob Davis made a motion that this be tabled to the April allow time to advertise and post signs an the road. ..Jim the motion and it passed 7-0. 4th Hawkins BID AWARDS (A) Playground equipment for Ward, Whitfield and Cobb playgrounds. Bob Betenbaugh motioned that Leisure Lines given the bid for $23,736.00: $10,000 from Parks & Recreation Facilities and other Equipment and $l3,736 from CDBG funds. Kathy Jordan seconded the motion and it was approved 7-0. (B) Police cars Bob Davis said that review of the bids reflect all bidders would comply with specifications but there was a variation in time required for delivery and prices. Bob Davis made the motion that the bid be awarded to Wade Ford for $1.1,285 each, $90,280 total. Wade Lnenicka seconded the mot:ion and .i t passed 7-0. (C) Lawnmower for Parks & Recreation Department. John Patterson said the parks department needs to have three riding lawnmowers in order to maintain the ballf ields and grass acreage in 14 publi..c parks and the 1980 Grasshopper we currently have costs more to repair than it is worth. Bob Betenbaugh motioned that the bid be awarded to Marietta Sentry Company for $4500. Jack Shinall seconded and it passed 7-0. (A) John Wieland Homes requests a temporary building permit for information trailor. John Patterson stated that this trailor will be located at the remaining property located at Oakley Downs on Campbell Road. Bob Davis motioned that this building permit be granted for six months with the stipulation that the creek near it be kept clean. Wade Lnenicka seconded the motion and it was passed 7-0. (8) Chambers Development request a grading permit only. John patterson stated that this permit will be for the development of a land fill operation located on Oakdale Road. The land fill will be monitored by EPD. Bob Betenbaugh motioned that the permit be granted. Jack Shinall seconded and motion passed 7-0. CONSENT AGENDA (A) Change date of second March meeting to March 22 (B) Approval of signalization - Smyrna Roswell & Matthews Street (C) Approval of February minutes Jim Hawkins made a motion that be Consent Agenda be approved with the exeption of the February 15 minutes. Jerry Mills seconded the motion which carried 7-0. welcomed Melinda Dameron back to meetings. He thanked the Hickory Hills and Vinings North for their participation in he Chief Little for work already done in tha-t area. ward for contributing to the Jerry Mills Fund. Lastly, he to on "Super Tuesday". the people who are helping him and his family in a problem in his ward. He has received complaints neighbors keeping 6-8 dogs on their property. The dog present time there is no law on the amount of dogs He asked for more cooperation and for people to He and with the performing a concert 7:30 p.m. to benefit concern about the number of dogs on a property. at the intersection of Powder Springs Street asked John Patterson to follow-up on this problem of Transportation. Jack also commented about and the wills High School Chorale are United Methodist Church, April 5, 1988, Jerry Mills Fund. Kathy Jordan read a the last month. Lastly, she welcomed from Laurel Best on the success of the library aver reminded others of the upcoming Jonquil Festival. Melinda back and reminded everyone to vote. on being a good neighbor and being considerate T-ball registration for ages 4-6 starts March 7th and games will be held at Jonquil Park. accepted for the April 23rd Jonquil Ci.ty Arts and Those interested can call the Parks and Recreation information. with no business, the meeting adjourned at 9:32 p.m. The scheduled meeting of Mayor and Council was held March 22, 1988 at Hall. The meeting was called to order by Mayor Protem Jim Hawkins at 7:30 o'clock p.m. All council members were present except for Jack Shinall. Also present was City Administrator John Patterson, City Attorney Charles E. Camp, City Clerk Melinda Dameron and representatives of the press. Invocation was given by Reverend Skye Alison, pastor of the Smyrna Church of the Nazarene. Mayor Protem Hawkins announced that Mayor Bacon was attending a school in Maryland and Jack Shinall was in Florida on a business trip. The Smyrna Jaycees presented Jerry Mills with a check for proceeds from their recent barbecue and also a check far $500 for money collected in a bucket brigade far the Jerry Mills Fund. Jerry expressed his appreciation and stated the friendship and support he had received during his illness had meant as much to him as the financial aid. Jim Hawkins proclamation A copy of and Fowler. said this is National Commun.i ty Development Week and read a declaring April 2-9, 1988 as National Community Development Week. the proclamation will be sent to Congressman Darden, Senators Nunn Mayor Protem Hawkins said i_f there was no objection from council, he would move Item 4(E), bid opening for Phase IV of the sewer rehabilitation up on the agenda since there were quite a few people in the audience here far the results of the bid opening. Bids for Phase IV of the rehabilitation were opened and read by Jim Belk with Welker and Associates, and recorded as follows: TOTAL BID DEDUCTIVE ALTERNATE TOTAL BID LESS DED. ALTERNATE Trescon Corporation Reeves Ditching & Contracting Strack, Inc. ,}. S. Haren Co. D&H Construction Ruby-Collins, Inc. 1,032,390 1,039,541 42,830.75 22,632.00 989,559.25 1,016,909.00 1,406,616 989,457 1,031,734 1,233,021 24,186.00 25,303.10 20,957.00 14,516.20 1,382,430.00 964,153.90 1,010,777.00 1,218,504.80 Wade Lnenicka made a motion the bids be taken under study by the committee with assistance of the Engineer and brought back to council for approval. Bob Davis seconded the motion which carried 5-0. PUBLIC HEARINGS: (A) Business license request Smyrna City Cab, 2351 South Cobb Drive. John Patterson said that Mr. Gerald Lee Fields has made application as owner for Smyrna City Cab which will be located at 2351 South Cobb Drive. The property .is zoned General Commercial. The police department has made a background investigation of the applicant and found nothing that would preclude issuance of the license. There was one person in the audience in apposition. Mr. Fields said he felt there was a definite need for a goad reputable cab company in the city. His plans were to start with at least 6 newer model cars and would pay at least $2500 each for them, not including the radio equipment and meters. The cars will be an the road 24 hours a day and when they do come in for shift change, will be parked on the back side (Ventura Road) of the building and not visible from South Cobb Drive. Mr. Fields said he had already made arrangements for someone to handle his mechanic and body work and assured council there would be no junk cars parked on the premises. Mr. Fields said he had also agreed in writing in a letter presented to council_ tonight to the following conditions: 1) To operate the company in a professional manner. 2) To have a strict dress and grooming code. 3) To start with newer model cars that will be kept up mechanically and physically and in a clean, neat manner. 4) To offer all senior citizens a 10% discount. Jim Hawkins reminded rate schedule to us council approval. Mr. Fields that he would also be required to submit his far approval and that he could not vary from it without Sue in opposition but stated that some of her questions had been We have never had a cab company that has been an asset to would not object to a good, well-run cab company. Mrs. Brissey there should be some very strong stipulations placed an this a clean operation. After with be seconded Kathy Jordan made a motion the license be approved . Flelds submit his rate schedule within 5 days to approved or disapproved by council. Jerry Mills carried 5-0. (B) Beer pouring license - Oyster King, 2365 South Cobb Drive John said that Mr. Roy Neal Brantley has made application as the new Oyster King located at 2365 South Cobb Drive. Mr. Brantley's be the manager for the restaurant and the police investigation was There was no apposition. wife if he our ordinance, . Brantley said he was not familiar ordinance but was familiar with the basic requirements for beverages. His wife will be the manager and she has been in business far quite a few years. Mr. Brantley sald a very low of their total sales would be from beer and wine. Although he has in this business or held other liquor licenses, he understood that he responsible if there should be any violations. Mr. Camp stated that even though Mr. Brantley said he was not totally familiar with the ordinance,once the license was granted he would be charged with the responsibility of knowing it. After further Wade Lnenicka Kathy Jordan made a motion the license be granted. motion which carried 5-0. (C) Variance request Creatwood side yard reduction far garage construction at 3418 John that Mr. Foley Beach is requesting a reduction of the side yard setback from 10 feet to 5 feet far a garage addition to be built over the existing driveway. The adjacent property owner has indicated he has no objection to the var_iance and there was no opposition. Mr. Beach said the by putting in the building permit he line. owner of the house began construction of a garage but it was never completed. When he applied for the discovered the driveway was only 5 feet from the property Wade Lnenicka made a motion the variance be approved. Bob Betenbaugh seconded the motion which carried 5-0. FORMAL BUSINESS: (A) Validation of signatures to annex 2.10 acres in Land Lot 445 Attorney Camp read an Fouts on Pat Mell Road as application far annexation of property owned by C. J. follows: We the undersigned, who constitute sixty percent (60%) of the electors resident and sixty percent of the owners of the land area by acreage, as described below, which is unincorporated and contiguous to the City of Smyrna, hereby apply to have said area annexed into the City of Smyrna under the provisions of laws of the State of Georgia. Said property being annexed being described as follows: AlJ_ that tract or parcel of land lying and being in Land Lot 445 of the 17th District, 2nd Section, Cobb County, Georgia, being more particuJ_arly described as fallows: thence south side of Pat Mell Road, 100 feet from the of Pat Mell Road and Atlanta Road; thence the of way line of Pat Mell Road a distance of 332 south a distance of 374 feet; thence east a distance of 107 feet; a distance of 145 feet; thence east a distance of 240 feet; a distance of 225 feet to a point on the south side of Pat Mell Road and point of beginning. WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SU01 ANNEXATION. Witness the hands and seals of 60% of the record title holders of the land area described above: sIc. J. FOUTS, JERRY FOUTS Kathy Jordan made a motion the signatures be validated and the public hearing set for April 18, 1988. Jerry Mills seconded the motion which carried 5-0. (B) Amendment to retirement plan. John Patterson said the amendment to the JMEBS retirement plan presented tonight will enhance the program for all employees. This amendment will increase elected officials benefits from $20 to $30 per month per year of credit service and will add a death benefit provision far terminated vested participants. Kathy Jordan made a motion the the retirement plan for employees benefits far elected officials terminated vested partici.pants. carried 5-0. ordinance of November 22, 1971, establishing of the City of Smyrna be amended to increase and add the death benefit provision for Wade Lnenicka seconded the motion which (C) Approval to advertise closing of Medlin Street. John Patterson said the owners and residents of the condominium complex at the end of Aline Wolfe Drive desire Medlin Street to be closed to traffic and provide them with a closed community. Jerry Mills made a motion Medlin Street be posted and advertised for closing at Aline Wolfe Drive with a public hearing to be held April 18, 1988. Bob Davis seconded the motion which carried 5-0. (D) Road, Approval to advertise closing of un-named street parallel to Atlanta from Jane Lyle Road northwesterly a distance of approximately 575 feet. John Patterson said that Past Properties has requested the closing of this street which is adjacent to their property currently under construction at the corner of Jane Lyle and Atlanta Road. The road previousl.y served only 5 homes, and those homes have been demolished for the new construction. Wade Lnenicka made a motion the street be posted and advertised for closing w.ith a public hearing to be held April 18, 1988. Bob Betenbaugh seconded the motion which carried 5-0. BID AWARDS: (A) Police Department renovation. John Patterson said at the last: meeting, bids for the renovation of the Police Department were opened and after review, it was the committee's recommendation that the low bid of $85,675 be awarded to Hatcher & Son. Jerry Mills made a motion the bid be awarded to Hatcher & Son. Bob Betenbaugh seconded the motion which carried 5-0. (B) Sledge packer and water pump. Wade Lnenicka made a motion that both items be awarded to Humphries Equipment being the low bidder at $1,036.09 for the sledge packer and $662.00 for ~he water pump. Bob Betenbaugh seconded the motion which carried 5-0. None to bring before council. CONSENT AGENDA: (A) Approval to request bids: 3600 tractor and 4x4 pickup (B) Approval of February 15, 1988 minutes (C) Temporary permit for emission control kiosk at Cobb Center Mall Kathy Jordan made a motion the consent seconded the motion which carried 5-0. agenda be approved. Jerry Mills March 22, 1988 - continued COUNCIL INPUT: Jerry request made a motion the rules be suspended to allow approval far a bid Bob Davis seconded the motion which carried 5-0. made a motion bids be requested for intoximeters, light bars and needed far the new police cars already on order, to be opened next meeting. Bob Betenbaugh seconded the motion which carried 5-0. Jim Hawkins announced the next council work session would be March 28th and the next agenda meeting March 31st. With no further business, meeting adjourned at 8:53 p.m. BOB DAVIS, WARD 1 , WARD