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December 5/19, 1983 Council Meeting duled meeting of Mayor and Council was held pursuant to the Charter 1983. The meeting was called to order at 7:30 o'clock p.m. by presi- Mayor lbert Coalson. All council members were present. Also ity At E. Camp, City Clerk Willouise Spivey, Police Chief Acting Fire Chief Hubert Cochran, Parks and Recreation Director Sherry ity Clerk Melinda Hiatt, Civil Defense Director Jim Farley, Build- Larry Dunn, Librarian Doris Morris and representatives of the press. Invocation was given by Jim Hawkins, followed by the pledge to the Flag. Mayor Bacon's sister was in the hospital in critical con- everyone to remember her in their prayers. Sue Brissey said she had been contacted by several business people ing their displeasure with 5 businesses on South Cobb who are oper- business on the right of way. Mr. Coalson said we would turn this over hal Gene Golden and if we don't receive cooperation, would turn it over since it is on their right of way. Attorney Camp said we have received several requests from builders maximum height of structures from 35 feet or 3 stories, to 55 feet There were no questions or comments from the audience and Jim Tolleson made a motion that Section 802 of the zoning ordinance be amended to allow structures of 55 feet or 5 stories. Jack Shinall seconded the motion which carried 6-0. Tolleson made a motion the Charles G. West 666 be annexed into the City to become a part having been read and made a part of the minutes seconded the motion which carried 6-0. There was equest. property on Elmwood of Ward 1, the legal of November 7, 1983. no opposition to the tures: Stanford Troup requested annextion of property on Pat lication was read by Attorney Camp as follows: who constitute Sixty percent (60%) of the owners of the land the area described below, which is unincorporated and contiguous apply to have said area annexed into the City of Smyrna of the Code of Georgia Annotated, Sections 69-904 through 69- Laws, Acts 1966, Pages 409, 410, 411, 412, 413; 1971, 399; 1976, Pages aid property to be annexed being described as follows, to wit: of land County, lying and being in Land Lot 349 of the 17th Dis- Georgia and being more particularly described as BEGINNING at a point on the East side of Old Concord Road 111 f'eet more or less North from the North right of' way of Pat Mell Road; thence North 01 degrees 51 min- 36 seconds East a distance of 350 feet to an iron pin; thence South 88 degrees 24 seconds East a distance of 280 feet to an iron pin; thence South 01 36 seconds West a distance of 350 feet to an iron pin; thence minutes 24 seconds West a distance of 280 feet to an iron pin BEGINNING. IGNED SET THEIR HANDS AND SEALS, AND THEREBY MAKE SAID APPLI- TO THE CITY OF SMYRNA. of the record title holders of the fee simple title, or his of 60% of the land area above described by acreage: s/STANFORD motion the signature be validated and the public hearing set Bacon seconded the motion which carried 6-0. an Emergency Management rescue vehicle were opened, read & Service $30,000.00 - FOB Orlando, Florida Safety & Fire House Oakcliff Ind. Court Atlanta, Georgia $27,997.00 $16,893.50 - Less Chassis Rescue Equipment , Highway 76 S.C. Bid on equipment only Co. 3 Rd. , Alabama No bid No bid Cobb Drive Smyrna, Georgia James made a motion the be turned over to the Public Safety Committee with back to full council on December 19th. Sarah Jones seconded the motion which carried 6-0. made a the be which James Williams said was some question about the bids received the Detective Bureau to the drastic difference in prices. James bid be awarded to B&M Carpet, the low bidder at $1,635.42 provided padding meets specifications. If not, the second lowest bid will by Mayor and Council at the next meeting. Max Bacon seconded the motion 6-0. There no commercial building Jim Hawkins that due to a recent court case in Decatur of collecting insurance premiums tax our ordinance had been to complY. The ordinance reads as follows: An the said to impose license fees on life insurers conducting business to impose a gPOss premiums tax on insurers operating provide an effective date; to provide for certain reports; to ordinances; and for other purposes. within within repeal by the Mayor and thereof; that is hereby repealed Insurance Company of the City of Smyrna, and it is Section 14-12 of the Code of Ordinance that a new Section 14-12 of said Code is Pees which shall be as follows: hereby of the hereby means des life Dollars not covered by of Smyrna, Dollars ($75.00) which is subsection 1 of O.C. and for each year thereafter an annual business within the City of Smyrna in the POI' each separate business location in is operating on behalf of such insurers ]"evied a license fee in the amount of purposes of this ordinance, the term "insurer" transact business in the class of insurance Certain is fee here- engaged in the and in con- for insurance insurer shall and for each pay an year subj organization sales involving solicits or takes for life insurance said location for the year 1984 to a for ind<,;pendent Independent etc. not; Sub 1984 and for each year brokers for each conducted and which is an annual business location not subject to the in the amount of Seventy-Five Dol- the City of Smyrna. There is tax based solely sickness ) of the gross A. ct premiums as in addition to Life and each year thereafter an annual premiums upon each insurer writing li~e, accident City of Smyrna in an amount equal to one percent ums received during the calendar year in accordance direct premiums as used in this section shall mean in O. C. G.A. 33-8-4. The premium tax levied by this license fees imposed by Section 1 o~ this ordinance. used the Gross P wi th O. thereafter business in the Other .2, there hereby levied for the year 1984 and al tax based upon the gross direct premiums on each City o~ Smyrna at the rates set forth below: Commencing Janury 1, 1984 through December 31, 1984 3.5% of the gross direct premiums: Commencing January 1, 1985 through December 31, 1985 3% of the gross direct premiums: Commencing January 1, 1986 and every year thereafter 2.5% of the gross direct premiums received during the calendar year. in in this the section shall mean class of insurance any insurer designated other than an in subsection insurer trans- 1 of O.C.G.A. Due Date ~or imposed in on the 1st: day of through 14-12C January 1984 and on of the this ordinance shall be 1st day of January each a duly certified copy of this ordinance of Georgia. of this ordinance shall be declared or adjudged invalid is the intention of the City Council of the City of Smyrna tion shall in no manner affect the other sections, sentences, of this ordinance which shall remain in full force and effect, or unconstitutional section, sentence, clause or phrase were not of the ordinance. of ordinances in conflict with this ordinance are hereby company doing business within the to the tax herein imposed shall file with the city clerk on forms clerk, a report showing the names and addresses of its agents company in the city, the location and person in charge of each within the city operated and maintained by such company; the class- other reasonable information as may be required, information regarding the premium received, itten on risks residing or located within the affidavit of an officer of such company. It of this Code for any person or his agents to information on any such report. Said report shall license fee and premium tax. each such insurance with the city clerk business a report, location on forms subject to prescribed name be such any such the address the names of companies representeq.; Such report shall be made It is agents to report shall be bus:iness location; the c1ass or c1asses of writing insurance at such location; the such other reasonable information as may over affidavit of the in charge of to be a violation of this Code for false or incomplete ion on any the time of paying the license fee. the of (C) to be be solely section. be confidential and the information of the off:icers of the city responsible for and taxes may be city. A violation and the ordinance. by execution in the same manner as other section shall be grounds for refusing or may be punished as for violat:ion Jim the a motion the carried 6-0. amendment be approved. Max Eacon seconded Jim uary 1984. made a motion the the second Williams seconded the in January be changed to Tuesday, Jan- January be changed to Monday, January 23, carried 6-0. Jim Jack 7, 1983 be approved as submitted. 6-0. Jack Jim a motion the the motion 21, 1983 b-e approved as submitted. James mitted. a motion the seconded the of November 28, 1983 be approved as sub- which carried 6-0. (Streets) would be Christmas Tree lighting. said that 7:30 p.m. to a port ion 8:30 p.m. of Memorial on December Dr:ive 8th, Jack back with Mr. Camp to see how we can get our money (Parks. ) r8m:inded of the Fest:ival of Music and Tree Lighting Max Hills said the beautification prqgram had started on Atlanta Road at Belmont to Public Works and Parks and Recreation. two Jim Tolleson said , beginning this week. special trash pickup for the next pinestraw should be bagged. Doris Morris reported on activit:ies. Tree lighting on December 19th. 8th; CMA meeting on December 13th; next Wi th IJO business, at 7:52 p.m. The Librarian Council was held December order at 7:30 o'clock p.m. members were present. Also willouise Spivey, Acting Fire Chief Hubert Inspector Larry Jimmy Hinson, Civil ives of the press. 19, 1983 at by presiding present was City Clerk , Assistant Super- Director given by followed by the pledge to the flag. Continued G. West requested rezoning of property on Elmwood Drive in Land om Residential to General Commercial. There was no opposition. Mr. West lot is located directly behind the 7-11 store on Spring Road and will I' parking for his new Shopping center, next to Three Penny Press on Spring Shopping center will contain 6 new retail shops and is properly zoned. Bacon read the minutes from the Planning and Zoning Board meeting where they the zoning be d. Jim Tolleson made a motion the proper~y be re- residential to neral Commercial. Sarah Jones seconded the motion which 7-0. James F. Crist requested annexation of property in Land Lots 846 & e Road and Curtis Drive, the legal description having been read and the N 1983 meeting. There was no opposition and Jim Tol- tion t property be annexed to become a part of Ward 1. Max Bacon motion which carried 7-0. F. a variance on building height from 5 stories 75 no opposition. Mr. Crist said the variance is of hotel at Emerson Center. The property consists of' ng 0 Hargrove Road and Curtis Drive. Mr. Crist presen- photo which showed the proposd Spring Road Connec- said he ng with officials from the State Department ion and nj,ng the connector road and had been assured there is no problem development. Mr. Crist said the main entrance and exit would probably be from Curtis Drive but they would not decide for sure until the traffic study is completed. Jack Shinall reminded Mr. Crist that he should get approval from Dobbins for a building of th:is height. After further discussion, Jim Tolleson made a motion the variance be approved. Jack Shinall seconded the motion which carried 7-0. Fuqua and Z. C. Hayes requested annexa-tion of' property on 753. the legal description having been read and made a part 1983 meeting. There was no opposition and Sarah Jones made a to become a part of Ward 7. Elbert Coalson seconded Vaughn with Mayes, Sudderth & Etheredge requested a variance on marquee type sign for the Highlands Park entrance. Mr. Vaughn said be on South Cobb Drive, about 1/10 mile from I-285 and presented Sign. Jack Shinall made a motion the variance be approved for 250 area. Sarah Jones seconded the motion which carried 7-0. Permits: Commercial building were presented by Inspector his recommendation the following approved: Moseley requ Atlanta Road, be approved seconded the permit fox' new construction of Atlanta Road Body cost of $105,000. Sarah Jones made a motion o approval of the City Engineer and Fire Marshal. motion which carried 7-0. requested a permit for remodeling of the Drive at a total estimated cost of approved subject to approval of the Coalson seconded the motion which carried 7-0. Department of $30,000. Sarah City Engineer requested a permit for an addition to the building at 2691 total estimated cost of $ 55,000. Sarah Jones made a motion subject to approval of the City Engineer and Fire Marshal. the motion which carried 7-0. Company requested approval of a modular type building at King Springs $10,000. Sarah Jones made a motion the permit City Er:gineer and Fire l\larshal. Elbe:pt Coalson read an application for annexation by J. sixty percent (60%) of the owners of the land below, which is unincorporated and contiguous e said area annexed into the City of Smyrna rgia Annotated, Sections 69-904 through 69- 912 1011, Acts 1966, property to be 410, 411, 412, 413; 1971, described as follows, 399; 1976, to wit: Pages All that Section, follows: tract 17th or parcel District, of land Cobb County, and being in Land Lots 753 & 754 of the 2nd Geo;rgia and more particularly described as right of way (110 feet from centerline) along said right of way from inter- right of way (15 feet from centerline) right of way of South Cobb Drive following 1/2" rebar set, said rebaI' being South 37 30 feet from the preceding point; thence East 144.40 feet to a right of way monument Interstate 285; thence continue along said 31 seconds West 376.70 feet to a right along said right of way of Interstate 285 West 74.06 feet to 1/2" rebaI' found; thence 188.26 feet to a 1" thence 241.72 feet to 1/2" set; thence 309.60 feet to a 3/4" crimp top pin seconds East 241.83 feet to 1" iron 31 seconds East 378.66 feet to 1/2" 3.67 acres. East West 19 South found right of of way South North 00 North North found; rod rebar a point on the Drive 393.85 feet of way with continue 157.32 13 seconds 08 minutes 29 right of South 20 degrees founcJ.; thence 52 minutes 59 03 minutes 49 40 minutes 50 32 minutes 38 North 00 degrees South 86 point of SAID THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, FOR ANNEXATION TO THE CITY OF SMYRNA. THEREBY MAKE of the of 60% of the land VICE-PRESIDENT holders area above of the fee simple title, or his described by acreage: sITRITON, made a motion the ,~984. Max Bacon be validated and the the motion which carried pUblic 7-0. hearing set Validation of Signatures: McCall as follows: Attorney Camp read an application for annexation by Alvin We the who const area of the area to the , hereby under of the 912 (Georgia Laws, Acts 1966, 1011, 1012; said property to be ( 60%) of the owners of the land , which is unincorporated and contiguous said area annexed into the City of Smyrna Annotated, Sections 69-904 through 69- 410, 411, 412, 413; 1971, 399; 1976, Pages described as follows, to wit: 89 Circle located at East 435. South 35 degrees northwest of Concord Road the point of BEGINNING. of Land Lots 381 and 380; thence North point located on the west side of Lamar 40 seconds East 252.53 feet to a point Concord Road and Lamar Circle; thence along to a point; thence in a northerly direction the 50<6.5 SAID UNDERSIGNED FOR ANNEXATION TO THEIR HANDS AND SEALS, AND THEREBY MAKE CITY OF SMYRNA. legal of the of 60% of MOT., INC., holders of the fee area above described , VICE PRESIDENT simple title, or his by acreage: s/RYAN'S a motion the , 1984. James Will be validated the motion hearing set 7-0. 5 responses to bids. One bid for was from American the vehicle approved in the us $5~OOS.50 short. and made a $30,000 to Contingency Fund. Elbert the bid request for a $30,000 did not meet and Fire House accessories Mr. Farley said we have the bid from from Revenue Coalson seconded Continued Attorney Camp stated he had drafted a new ordinance, pursuant which would allow the City to impose business license taxes on finan- tutions located in the City of Smyrna, as follows: Gross Receipts Tax on financial institutions located within date; to repeal conflicting ordinances; the City and for of the City of Smyrna, and it is hereby Code of Ordinances of the City of Smyrna 14-13 of said Code is hereby adopted titled which shall be as follows: iness License Tax is hereby levied for the year 1984, and for iness license tax upon state and national banking nd loan associations and" state building and loan tax at the rate of .25% of the gross receipts of receipts shall mean gross receipts as defined in O.C.G.A. thstanding any other provision of this ordinance, the minimum amount license tax due from any depository financial institution pursuant to shall be $1,000 per year. Return tution within the City of Smyrna shalJ" file a return receipts with the City of Smyrna on March 1 of the year fol:1owing the such gross receipts were measured. Said returns shall be in the manner m prescribed by the Commissioner of the Department of Banking and upon the allocation method set forth in subsection (d) of Code Section Official Code of Georgia Annotated. The tax levied pursuant to this 11 be assessed and collected based upon "the information provided ir:. by this ordinance shall be April 1, 1984 and April e shall be effective January 1, 1984. parts of ordinances in conflict with this Act are hereby repealed. motion the ordinance be approved. Jack Shinall seconded the motion said at the last meeting, an ordinance was adopt- se fees. This ordinance contained a part of the ts to be filed with the City. Upon submission office, they recommended this portion be deleted collecting all premium fees. Jim Hawkins made a motion approved as follows: fees on life insurers gross premiums tax on ive date; to provide for other purposes. conducting business insurers operating certain reports; to within within repeal Council of the City of Smyrna, hereby of the hereby ees 1984 and for each year thereafter an annual business within the City of Smyrna in the 00). For each separate business location in by Section 2, which is operating on behalf of such insurers is hereby levied a license fee in the amount of the purposes of this ordinance, the term "insurer" 1 of 0 business in the insurance is 'or sales, of a fee of location subj ect to a organization which involving t~rm or takes application life insurance said the fee paid in Sub Section year 1984 and for each year fee here- in the and in con- for insurance insurer shall A, o:!r' $10.00, thereafter. per and for each year thereafter an annual for each separate business location and which is not ect to the hereof, in the amount of Seventy-Five Dol- the City of Smyrna. an annual upon each insurer accident Smyrna in an amount one percent during the calendar accordance as used in this shall mean 333-8,..4. 'I'he premium tax levied by this imposed by Section 1 of this ordinance. levied for the year 1984 upon the gross direct premiums at the rates set forth below: 1, December 31, 1984 December 31, 1985 s Commencing 2.5% of the gross year. 1, 1986 direct year thereafter received during the in in this the section class of any insurer designated other than an in subsection insurer trans- 1 of O.C.G.A. through 14-12C 1984 and on of the this ordinance shall be 1st day of January each a duly certified copy of this ordinance of Georgia. 1, 1984. of shall be declared the City Council of affect the other or adjudged invalid the City of sentences, and effect, were not ordinances in conflict with this ordinance are hereby 3 - Continued Penalties be enforced by execution in the same manner as other fees of iolation of this section shall be grounds for refuSing or revoking the person respons:lble may be puniShed as for violat:lon of any other the motion to approve the amendment which ca:r>ried 7 -0. Board: James Williams made a motion the appoint- to the next meeting. Max Bacon seconded the motion which the appointment from Ward 5 be tabled to the next meeting. on which carried 7-0. said he and incoming Councilwoman Kathy Brooks had agreed on om Ward 6, and made a motion that George Griffin be reappointed. the motion Which carried 7-0. the Max endation of Mayor Bacon> Jack tabled to the next meet:lng. Sh:lnall made a motion the Mayor's re- Jim Hawkins seconded the motion which Bacon said we had received a letter from the Department of ng their intentions to widen Atlanta Road if the City would he utility lines. Mayor Bacon said he had been in contact with Georgia Gas Light and Southern Bell and he did not think it would be very the lin t we don't have anything concrete as yet. Elbert Coal- th be tabled to the second meeting in J-anuary. James the h carried 7-0. cost of underground garbage cans has increased again. We are charging our customers $115. Jim Tolleson made a motion from $115 to $150. Jack Shinall seconded the motion which careful study had been given to increaSing the water, sewer and $2.00 increase in sanitation was necessary to eliminate the Also, the Cobb-Marietta Water Authority has increased their 11~ per thousand gallons, and Cobb County has increased sewer treat- thousand gallons. Jim said no one wants to do it, but these p to the customer. Jim Tolleson made a motion that inc om $4.00 to $6.00 for residential customers, water from 85;t per thousand to 96~ per thousand> and sewer rates be per thousand to $1.06 per thousand, effective January 1, 1984. the motion. increases came about because of a public hearing Hall and the people present for the hearing, and to said they would rather the City retain the service, an increase. Jim Hawkins said the water and sewer increases bothered not support another increase until Cobb County and the water auth- ith proper justification. Jack Shinall also said he did not know would stop. Jim Tolleson said a move was underway now where the water authority would have a member from each rotate from each city, since this affects every municipality. 1, vote on the increases carried 7-0. Camp said the Secretary of State had been of records retention for local governments and the one they recommend for approval. Cities may vary retaining records, but the number of years for retention is re- be some portions of the schedule that do not pertain should be adopted. After discussion, Jim Tolleson schedule as submitted by the State be adopted. which carried 6-1, with Jack Shinall opposed. James Wil1:iams thanked all city departments who were :lnvolved ee lighting. on library activities. Sarah Jones reminded everyone of the special election tomorrow to filJ_ Buddy Darden's post in the House of Representatives. Mayor son 1 the last 2 years have been good ones, and hated to see Elbert Coal- , he appreciated Sarah Jones serving for the past 2 years. Coalson said he would always be willing to help out whenever he could. He yees and citizens of this town are the greatest and hoped the next d remember them. JY[r. Coalson said he knew Kathy Brooks would an. Elbert fel t t adminis mal<::e a good With no further business, meeting adjourned at 8:37 p.m.