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March 20, 1995 Council Meeting March 20, 1995 The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present. Also present was City Administrator Bob Thomson, City Clerk Melinda Dameron, City Attorney Charles E. Camp, Fire Chief Larry Williams, Finance Director Claudia Edgar, Assistant Public Works Director Ray Curtis, Police Chief Stan Hook, Library Director Laurel Best, Parks and Recreation Director Steve Ciaccio, Clean and Beautiful Coordinator Ann Kirk, Personnel Director Mary Ann White, City Engineer Ken Hildebrandt, Chief Building Official Scott Stokes and representatives of the press. Invocation was given by Jim Mitchell, pastor of Smyrna First Methodist Church, followed by the pledge ... to the flag. Mayor Bacon recognized Mary Ann White, Director of Human Resources. Ms. White introduced Carolyn Roberts and Clara Tucker, receptionists for the City and recognized them as "Team of the Month." Both Ms. Roberts and Ms. Tucker were presented with a certificate of appreciation and a gift certificate in recognition of the excellent job they perform for the city. CITIZENS INPUT: Mayor Bacon recognized Murray Glass, Bank Street, who presented the Mayor and Council with a petition with over 71 signatures requesting that the three-way stop sign at Bank and Hamby Street be removed. Mayor Bacon recognized Ralph Hancock, member of the Citizens Advisory Board for Teasley Elementary School, who came forward and stated he would like to respond to alleged untruths printed in a local publication concerning the upcoming bond issue for Cobb County Schools. Mr. Hancock stated the purpose of the article was not to discuss the school bond issue but to urge everyone to vote against a tax increase. Mr. Hancock then stated the bond referendum was very important and urged everyone to vote in support of the bond. Mayor Bacon recognized Allison Black, sophomore at Campbell High School, who spoke in favor of the school bond referendum. ... Mayor Bacon recognized Anne Brady, Cobb County School Board member, who discussed the various improvements at the Smyrna area schools and urged everyone to vote in the March 21, 1995, school bond referendum. Mayor Bacon recognized Deanna Marshall who stated she was concerned and upset over the recent ruling in the Smyrna Municipal Court. Ms. Marshall stated she had posted the bond on her credit card for her friend who was arrested in September of 1994 for disorderly conduct. She stated she and her male friend appeared in court and he was found guilty. She then alleged no one informed her of how the fine for the offense was to be paid and she and her friend left the court. She later learned that the bond money, charged to her credit card, was applied to the fine amount. Ms. Marshall states she feels she is due reimbursement for the fine amount and the court should proceed to recover the fine amount from the arrested person. After a lengthy discussion, Councilman Jim Hawkins stated he would convene a meeting of the Court Services Committee and review the action taken in court relative to that situation. Councilman Wade Lnenicka asked Ms. Marshall to speak with Chief Hook about the alleged unprofessional conduct of the arresting officer. PUBLIC HEARINGS: (A) Proposed Charter Amendments (Second Reading) Mayor Bacon stated this is a public hearing and asked if anyone was present in opposition to the proposed Charter Amendments. There was none. .... Councilman Wood stated the amendments are necessary to remove outdated verbiage and to clarify the Charter. Mr. Wood then read the proposed charter amendments and stated they would be available for review in the office of the City Clerk. Councilman Wood made a motion the amendments and changes to the charter be approved. Mayor Bacon stated that before a second was received on the motion that this is a public hearing and asked if there was anyone present in opposition to the proposed amendments to the Charter or anyone who would like to make any comments. There was no opposition and no comments. Councilman Cramer seconded the motion. Motion was approved 7-0. March 20. 1995 meeting - continued (B) Variance Request - 6016 Bordeau Walk - Reduce Front Yard Setback from 20' to 15' Mr. Thomson stated Mr. Jack Miller, the applicant, is requesting the variance to reduce the front yard setback from 20 feet to 15 feet on the cul-de-sac side of the yard. Mr. Miller states in his letter of hardship that he has a contract to build a home on this lot and unless the above variance is granted the pre-sold house will not fit on the lot. Mr. Miller's application also included a letter from the affected neighbor saying they do not object to the requested variance. Mayor Bacon stated this is a public hearing and asked if there was anyone present in opposition to the granting of this variance. There was no opposition. Councilman Cramer asked Mr. Miller to briefly state what he plans to do at this location. Mr. Miller stated this particular lot in Chateau Walk is a narrow lot and they are requesting the front yard setback reduction in order to allow them to move the house forward on the lot and stated that if the variance is not granted tht: house would be too close to the lake and would be a hazard. Mr. Miller stated building in this subdivision is almost complete and the remaining lots are the difficult ones on which to build. Councilman Cramer made a motion the variance request at 6016 Bordeau Walk to reduce the front yard setback from 20 feet to 15 feet be approved. Councilman Patrick seconded the motion. Motion was approved 7-0. FORMAL BUSINESS: (A) Approval of General Contractor - Phase II Councilman Pete Wood stated five proposals were received for the Phase II development of the downtown area. He further stated a review committee composed of the City Administrator Bob Thomson, Director of Court Services Melinda Dameron, Chief Building Official Scott Stokes, Police Chief Hook and Win Zeliff, a reprt:sentative from the architectural firm of Sizemore-Floyd, reviewed the bids and made a recommendation to the Mayor and Council for selection of the general contractor. Councilman \Vood asked Mr. Zeliff to make a brief report and recommendation to the Mayor and Council about the Phase II development. Mr. Zeliff made a brief report and recommended the bid be awarded to Metric Constructors as the Construction Manager at Risk for the huilding of the new municipal services and public safety facility. Mr. Zeliff further stated Metric Constructors is committed to the completion of both buildings prior to the 1996 Olympics. He also stated they are committed to establish the Guaranteed Maximum Price within the project budget which is hasically the allocated bond monies and their overall fee for the work, when taken as a whole. was the lowest of the fees quoted to the city. The fee for the work was 2.9% ofthe construction costs and this as compared to the others was right in the middle range. The cost of the pre-construction services will be at cost and is hudgeted right now between $30,000 and $50,000 assuming a three to four month pre-design phase. He also stated they have committed that there will be no fees to be charged on change order works if there are any change orders up to a total of one million dollars. He also stated that generally in a Guaranteed Maximum Price contract it is typical to have a split of any savings between the owner and the contractor and it is usually a 50/50 split and in this contract they are saying that all monies will be returned back to the city for use in the project. He then stated that hased on the above facts, they are recommending the contract be awarded to Metric Constructors for Phase II of the downtown redevelopment. Councilman Wood asked if the review committee also recommended the bid be awarded to Metric Constructors. Mr. Zeliff responded it was the unanimous recommendation of the review committee to award the contract to Metric Constructors. Councilman Wood made a motion that the proposal of Metric Constructors, Inc., be approved as the CM at Risk for the project and be awarded the contract for the Phase II work. Councilman Newcomb seconded the motion. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: There was none. BID AWARDS: There was none. CONSENT AGENDA: (A) Approval of March 6, 1995, Minutes ...., ...., ...., March 20, 1995 meeting - continued (B) Approval to Use Council Chambers March 28, 1995 (7:00 - 9:00 p.m.) for Ward 6 Meeting (C) Temporary Road Closure - Ridge Road at Atlanta Road April 1 - 24, 1995 (Atlanta Road Widening Project) (D) Set Date for Show Cause Hearings (E) Approval to Purchase Computer Software - Court Services/Communications Councilman Scoggins made a motion the consent agenda be approved. Councilman Cramer seconded the motion. Motion was approved 7-0. .. Mayor Bacon stated the date for the show cause hearings will be April 3, 1995. Councilman Lnenicka reminded the residents of his ward that the Atlanta Road intersection with Ridge Road will be closed from April 1 - 24, 1995, and urged them to use an alternate route during that period of time. COMMITTEE REPORTS: Councilman Patrick stated there is no report from the Library this evening. Councilman Newcomb asked Mary Ann White for a report from the Human Resources Department. Ms. White stated she had received good news about the city's Worker's Compensation Experience Rating and that the expected primary losses and the actual primary losses, the difference on the positive side was $57,000. She also stated there are four current job ~penings: Part-time Control Desk Receptionist at the Community Center; Heavy Equipment Operator, Light Equipment Operator and Recycling Center Attendant for the Public Works Department. She stated the closing date for job applications is March 24, 1995. She also stated the Parks Department is accepting applications for seasonal jobs as lifeguards and swimming instructors. Councilman Newcomb announced there will be a combined meeting of the residents of Wards 1 and 2 on March 28 at the Community Center. .. Councilman Scoggins asked Ann Kirk for a report on the Smyrna Clean and Beautiful Department. Ms. Kirk reported the hand bill stickers are ready for distribution and will be mailed out at the end of this week with a letter of explanation for their use. Ms. Kirk expressed her appreciation to Christopher Durham, David Harris, Eddie Harris, Joey Lands, Sonya Lumpkin, Lakisha Smith, Deidra Stephens, Vanetia Tetterton, Antoine Washington, Jennifer Jardine, Andrea Blackwell and Kayla Jackson, students of King Springs Elementary School who assisted her in the preparation of this mailing. Ms. Kirk reported "Spring Into Recycling" will be held April 8 at Southeast Recycling Incorporated, 816 Pickens Industrial Drive in Marietta, and she is in need of volunteers. The event starts at 9:00 a.m. and concludes at 4:00 p.m. Councilman Scoggins announced Ms. Kathie Barton is scheduled to return to work tomorrow and we are looking forward to her being back at work. Councilman Scoggins announced that the city's chipper program, through the first six months of this fiscal year, has brought in 68 tons of chipped wood and asked that the citizens separate their trash from limbs for that program. Councilman Hawkins asked Chief Larry Williams for a report from the Fire Department. Chief Williams reported last week there was a city garbage truck that was on fire and was emitting vapors that adversely affected people. Chief Williams stated with the use of the Carbon Monoxide Monitor that the City purchased they were able to determine what the vapors were. He also stated his department's four-wheel ... drive vehicle responded to a call for aid for a seriously injured biker who was several miles off the road and without the four-wheel drive vehicle his rescue would not have been possible. He stated his paramedics were able to reach the individual and stabilize him until he could be airlifted to the hospital. He also stated there was recent accident on Anderson Circle and mentioned that one of the Smyrna Cable TV workers was the first on the scene and actually removed the young girl from the ravine but unfortunately the young lady did not survive the accident. He expressed his appreciation to the Mayor and Council for providing his department with the necessary tools required for his department to perform their job. Councilman Cramer asked Steve Ciaccio for a report from the Parks and Recreation Department. Mr. March 20, 199:5 meeting: - continued Ciaccio reported this Saturday, March 25, is the Smyrna Little League Opening Day parade and season opener at Brinkley Park. He also stated on Saturday, April 1, Tolleson Pool will open for water aerobics and open swim; Saturday, April 8, from 9:00 a.m. - 4:00 p.m. the Community Center will host the antique bottle show and admission is $1; Wednesday, April 12, at 7:00 p.m. the American Legion and the Parks Department will sponsor an Easter egg hunt at Legion Field for children aged 6 and under only. He also announced Smyrna Night at the Braves is scheduled for April 18 and the tickets are $15. The Braves will host San Francisco that evening. Councilman Lnenicka asked Chief Hook for a report from the Police Department. Chief Hook announced the last six employees hired under the COPS grant reported for work this week and there is one remaining candidate who will come on board next week. ...., Councilman Lnenicka stated on Friday, March 17, the latest presentments from the Grand Jury were printed in the Marietta Daily Journal. He further quoted from the article "Our committee was accompanied by Chief Stanley Hook on an informative and pleasant tour of the facility. Overall the members felt the jail was clean, safe and well-maintained. A number of cells did appear as if in need of fresh paint. Especially impressive was the state of the art 911 System as well as the Are You OK' Prog:ram for the elderly. Plans are in effect for a new facility which should be sufficient to meet the community's need. We concur with the former Grand Jury report that Chief Hook is an outstanding administrator. " Councilman Wood stated there is no report from the Finance Department. He stated the budget process is moving full-speed ahead and the department budget meetings are scheduled to begin the first week in April. With no further business, the meeting adjourned at 8:58 p.m. ~f#J/~ tOt2tft V~ MELINDA DAMERON. CITY CLERK ...., A. MAX BACON , MAYOR ~ ~~ ~~~u-ll RON NEWCOMB, WARD 2 ~~ " ~_ / YPU-L' ~/?/, · BILL SCOGGINS, W 3 :A M. HAWKINS, WARD 4 6ML~ u, /1 , I 1 / / ~fJ5 j-.l/~tj~ JACK CRAMER, WARD :5 {!~~,~~ ..."