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03-07-1988 Regular MeetingMarch 7, 198 The regular scheduled meeting of Mayor and Council was held pursuant to the Charter on March 7, 1988 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor A. Max Bacon. All council members were present. Also present was City Attorney Charles E. Camp, City Administrator John Patterson, City Clerk Melinda Dameron and representatives of the press. Invocation was given by Councilman Jim Hawkins, followed by the pledge to the flag. CITIZENS INPUT: Jack Shinall read a proclamation for Middle Level Education Week and presented it to representatives of Nash Middle School PTA. Mayor Bacon said there were several contractors here for the bid openings tonight and if there were no objections from council, would move item 4-B(4), Renovation of the Police Department up on the agenda. Bids for the renovation were opened, read and recorded as follows: Hatcher & Son Ridgeway Development Hoaster & Landry Hobgood Construction $61,555 $24,120 - alternate $85,874 $36,571 - alternate $73,985 $20,000 - alternate $83,280 $45,380 - alternate Bob Davis made a motion the bids be turned over to the Police Committee for review with a recommendation back to full council. Bob said there may be some slight modifications to the, plans that the committee would consider. Jack Shinall seconded the motion which carried 7-0. PUBLIC HEARINGS• (A) Variance request - Plaza Drive. John Patterson said that porch onto the front of and the porch would allow T walker. front yard setback from 40 feet to 32 feet at 600 Constance Taylor is requesting this variance to add a her home. Mrs. Taylor said her husband is handicapped him to view the outside world from his wheelchair or With little discussion, Jack Shinall made a motion the variance be approved. Jerry Mills seconded the motion which carried 7-0. (B) Proposal to remove speed humps in Vinings North. John Patterson said that speed humps were put in some time ago in Vinings North to reduce speeding and traffic. The speed humps were somewhat unsuccessful and were removed last week without council approval. They are now back in place and need to be removed by council action. There was a large group in the audience representing both sides of the issue. Wade Lnenicka made a motion the City remove the two speed humps on Vinings North Trail which was then withdrawn to allow discussion from the audience. Wade said a petition had been presented concerning the removal of the speed humps with 44 in favor of removing them, 10 opposed and 14 having no opinion. Wade said he had met many times with the neighbors and at the last meeting held February 25th, those present were overwhelmingly in favor of removing the speed humps. Vandalism in the neighborhood has been a problem to the extent that one person recently had gun shots fired into his home. The speed humps were inadvertently removed last week and were re -installed pending a vote by council tonight. Paul Kendig of Vinings North said he was in favor of removing the speed humps because they are not doing the job they were intended to do; rather they have decreased the value of homes and are damaging cars that drive over them. March 7, 1988 - continued Mayor Bacon said in 1974 the City Council voted to permanently close Ashwood Drive and Mohawk Place. A company called Majestic Oaks later filed suit when they began development of Vinings North and in 1982 the courts ordered the streets to be re -opened with speed humps placed on the main street of the development to alleviate any traffic problems. A written letter from Chuck Camp was introduced stating that the City has the authority to remove the speed humps to further the interest of the City in traffic control, regulation and police 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 installed. 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 Lnenicka added that the segment would be one-way west bound from 7:30 - 9:00 a.m. and east bound in the evenings, 3:00 - 6:00 p.m., week days only. He asked for a show of hands of those residents in favor and those opposed. The show of hands 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 reported that the residents of Hickory Hills understood the plight of the Vinings North residents, but they opposed making Ashwood Drive one-way. 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 Beverly of Ashwood Drive was opposed to the recommendaton and said she did not think it was the answer; also, she questioned how it would be enforced. Jack Shinall felt that residents and the Homeowners Association should let the school 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: March 7, 1988 - continued Section 77-8. The Board shall controll all examinations and whenever an examination is to take place shall conduct such examinations. The notice of examination may run continuously for at least 15 days in the local and metro area newspapers and other form of public service announcements as deemed necessary by the Civil Service Board. Such public notices shall be posted at least three 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 Davis motioned the amendment be approved. Wade Lnenicka seconded and motion passed 7-0. (E) Transfer of Beer & Wine Package License - Food Giant, 2370 South Cobb Drive. John Patterson said Mr. Richard Joseph Flaherty has submitted an application as the appointed agent for Food Giant Incorporated. Mr. Flaherty is the Regional Manager. Food Giant located at 2370 South Cobb Drive has had alcoholic beverages since November 1976. Smyrna Police Department has made a background investigation of the applicant and found nothing which preclude the issuance of subject license to Mr. Flaherty. There was no opposition to granting the license. Mr. Flaherty stated that he held five other licenses in the County as General Manager of Food Giant and understood our City Ordinances. Kathy Jordon motioned that the license be approved. Jerry Mills seconded and motion passed 7-0. FORMAL BUSINESS (A) Ordinance Amendment - Excavating & Trenching. John Patterson said Cobb county has recently experienced a rash of deaths and serious accidents caused by the improper excavation and stabilization of trenches. To deter an increase in this type of accident, Cobb County has adopted a trench safety ordinance. This will now allow county inspectors to stop work if there are unsafe trenching practices. The City of Smyrna must also adopt a similar ordinance to control excavation work within the City limits. Adoption 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. Jerry Mills motioned that the ordinance be adopted and kept on file in the Clerk's office. Wade Lnenicka stated that he supported the ordinance and it was in sync with the County. Wade Lnenicka seconded the motion which passed 7-0. (B) Bid Openings. (1) Sledge Packer: Humphry's Contruction Products $1,036.09 Ditch Witch of Georgia $1,588.00 EEE Equipment Company $1,300.00 Conn Equipment, Inc. $1,294.00 Wade Lnenicka made the motion that bids be sent to Public Works Committee for consideration and brought back before Mayor and Council. Jim Hawkins seconded the motion which carried 7-0. (2) Boring Machine: Conn Equipment, Inc. $6,420.00 Ditch Witch of Georgia $3,594.00 $7,995.00 EEE Equipment Company $8,200.00 Wade Lnenicka made the motion that the bids be turned over to the Public Works Committee for review and a recommendation be brought back before Mayor and Council. Bob Betenbaugh seconded the motion which carried 7-0. (3) Water Pump: Conn Equipment, Inc. $957.00 Humphry's Construction Products $662.22 March 7, 1988 - continued Ditch Witch of Georgia $1,236.00 EEE Equipment Company $1,027.00 Wade Lnenicka made the motion 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 shopping 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 for the property owner to the east. The amendment to the plat will not have any effect on the traffic flow. Following discussion Bob Davis made a motion that this be tabled to the April 4th meeting to allow time to advertise and post signs on the road. Jim Hawkins seconded the motion and it passed 7-0. iead&MA (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 $13,736 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 $11,285 each, $90,280 total. Wade Lnenicka seconded the motion and it 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 ballfields and grass acreage in 14 public 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. / COMMERCIAL BUILDING PERMITS (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. (B) 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. March 7, 1988 - continued COUNCIL INPUT Wade Lnenicka welcomed Melinda Dameron back to meetings. He thanked the residents of Hickory Hills and Vinings North for their participation in meetings. Also he thanked Chief Little for work already done in that area. He thanked his ward for contributing to the Jerry Mills Fund. Lastly, he reminded everyone to vote on "Super Tuesday". Jerry Mills sincerely thanked the people who are helping him and his family in this time of need. Jim Hawkins commented on a problem in his ward. He has received complaints from people who have neighbors keeping 6-8 dogs on their property. The dog catcher said that at the present time there is no law on the amount of dogs one can have on his property. He asked for more cooperation and for people to try to be good neighbors. Jack Shinall also expressed concern about the number of dogs on a property. He also commented on the problem at the intersection of Powder Springs Street and South Cobb Drive. He asked John Patterson to follow-up on this problem with the Cobb County Department of Transportation. Jack also commented about the Campbell High School Ensemble and the Wills High School Chorale are performing a concert at Cumberland United Methodist Church, April 5, 1988, 7:30 p.m. to benefit the Jerry Mills Fund. Kathy Jordan read a report from Laurel Best on the success of the library over the last month. She also reminded others of the upcoming Jonquil Festival. Lastly, she welcomed Melinda back and reminded everyone to vote. Bob Betenbaugh also commented on being a good neighbor and being considerate to others. He announced T-ball registration for ages 4-6 starts March 7th through April 8th. Practice and games will be held at Jonquil Park. Applications are being accepted for the April 23rd Jonquil City Arts and Crafts Festival. Those interested can call the Parks and Recreation Department for more information. With no further business, the meeting adjourned at 9:32 p.m. ---------------- A. MAX BACON, MAYOR BOB DAVIS, WARD 1 JERRY MILLS, WARD 3 �,� •. 4BOBBE4TE6—AUGH, WARD 7 0 rpmj�zz , I /i/� - u� - MELINDA DAi •O JAMES M. HA INS, WARD 4 KATHY BROOKS JORDAN, WARD 6 March 22, 1988 The regular scheduled meeting of Mayor and Council was held March 22, 1988 at Smyrna City Hall. The meeting was called to order by Mayor Protem Jim Hawkins