12-10-1990 Regular MeetingDecember 10, 1990
The regularly scheduled meeting of Mayor and Council was held December 10,
1990 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 Administrator John Patterson, City Clerk
Melinda Dameron, City Attorney Charles E. Camp, Public Works Director Vic
Broyles, Fire Chief Larry Williams, City Engineer Ken Hildebrandt, Personnel
Director Jane Mears, Finance Director•Emory McHugh, Library Director Laurel
Best, Communications Director Steve Ciaccio, Police Major Kent Sims and
representatives of the press.
Invocation was given by Skye Allison, pastor of Smyrna Church of the
Nazarene, followed by the pledge to the flag.
Councilman John
Driving Awareness
STEP Division.
PUBLIC HEARINGS:
FORMAL BUSINESS:
Steely read a proclamation for National Drunk and Drugged
Week and presented it to Sergeant Mike Brown of the Police
Nothing to report.
(A) Appointment to Parks Commission - Wards 4 and 5
Jim Hawkins made a motion that Deborah Clayton be reappointed to the Parks
Commission representing Ward 4. Jack Shinall seconded the motion which
carried 7-0.
Jack Shinall made a motion that Eddie Eldridge be reappointed to the Parks
Commission representing Ward 5. Jim Hawkins seconded the motion which carried
7-0.
(B) Bid opening - service truck for Public Works
Bids for a new service truck were opened, read and recorded as follows:
Wade Ford No bid
Southlake Ford No bid
Days Chevrolet No bid
Fouts Brothers $41,948 + $895 optional feature
Jack Shinall made a motion the bid be turned over to the Public Works
Committee for review and to be awarded or re -bid if it does not meet
specifications. Kathy Jordan seconded the motion which carried 6-0, with Bill
Scoggins abstaining.
(C) Validate petition to annex James Freeman property on Oakdale Road
Attorney Camp read the application as follows:
We the undersigned, who constitute sixty percent (60%) of the electors
resident and sixty percent (60%) 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:
All that tract or parcel of land lying and being in Land Lot 684 of the 17th
District, 2nd Section, Cobb County, and being known as Oakdale Road (being a
70' right of way), more particularly described as follows:
BEGINNING at the centerline of Oakdale Road at the south right of way of
Watkins Road, said property being i a strip of roadway 70 feet in width and
lying 35 feet on either side of the centerline; running thence in a
southwesterly direction along said centerline a distance of 836 feet more or
less.
Also, beginning at an iron pin located at the intersection of the southerly
right of way of Mitchell Road and the easterly right of way of Oakdale Road;
running thence south 73 degrees 31 minutes 01 seconds east a distance of
194.35 feet to an iron pin; running thence south 73 degrees 25 minutes 56
seconds east a distance of 136.95 feet to an iron pin; running thence south
72 degrees 51 minutes 11 seconds east 90 feet to an iron pin and corner;
December 10, 1990 meeting - continued
running thence south 42 degrees 34 minutes 53 seconds west a distance of
178.32 feet to an iron pin, running thence south 42 degrees 32 minutes 53
seconds west a distance of 201.78 feet to an iron pin and corner; running
thence south 01 degrees 10 minutes 41 seconds west a distance of 208 feet to
an iron pin located on the southerly land lot line of Land Lot 684; running
thence west along said land lot line a distance of 260 feet to an iron pin
and corner; running thence north 13 degrees 02 minutes 47 seconds east a
distance of 170 feet to an iron pin and corner; running thence north 62
degrees 50 minutes 37 seconds west a distance of 87.61 feet to an iron pin;
running thence north 60 degrees 42 minutes 08 seconds west a distance of
53.96 feet to an iron pin and corner located on the southeasterly right of
way of Oakdale Road; running thence north 33 degrees 10 minutes 00 seconds
east a distance of 183.97 feet along the southeasterly side of Oakdale Road
to an iron pin; running thence north 27 degrees 20 minutes 21 seconds east a
distance of 206.74 feet along the right of way of Oakdale Road to an iron pin
and point of beginning.
WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION.
Witness the hands and seals of 600 of the record title holders of the land
described below: s/JAMES E. FREEMAN
John Steely made a motion the petition be validated and the public hearing
set for January 7, 1991. Wade Lnenicka seconded the motion which carried 7-0.
(D) Validate petition to annex property for Frank Uzzel on Atlanta Road
Attorney Camp read the petition as follows:
We the undersigned, who constitute sixty percent (60%) of the electors
resident and sixty percent (60%) 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:
All that tract or parcel of land lying.and being in Land Lot 595 and 596 of
the 17th District, 2nd Section, Cobb County, Georgia and being more
particularly described as follows:
BEGINNING at a point on the northern right of way line of Atlanta Road where
it intersects with the east land lot line of Land Lot 596 and running
northwesterly along the right of way line of Atlanta Road a distance of 291.5
feet; thence leaving said right of -way and running northeasterly a distance
of 550 feet to the right of way line of the L&N Railroad; thence running
along said right of way line in a southeasterly direction a distance of 160
feet to the east land lot line of Land Lot 595; thence south along the land
lot line of Land Lots 595 and 596 a distance of 567 feet to the northern
right of way line of Atlanta Road and point of beginning. Said tract
containing 2.90 acres more or less.
WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION.
Witness the hands and seals of 60% of the record title holders of the land
described above: s/JOPENEA, INC., FRANK UZZEL, ASST. SECRETARY
Wade Lnenicka made a motion the petition be validated and the public hearing
set for January 7, 1991. Wade Lnenicka seconded the motion which carried 7-0.
(E) Validate petition to annex 2608 Argo Drive, Eddie and Emma L. Sellars
Attorney Camp read the legal description as follows:
We the undersigned, who constitute sixty percent (60%) of the electors
resident and sixty percent (60%) 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:
All that tract or parcel of land lying and being in Land Lot 664 of the 17th
District, 2nd Section, Cobb County, Georgia and being more particularly
described as follows:
December 10. 1990 meetina - continued
BEGINNING at a point on the westerly right of way of Argo Drive, said point
being 364 feet from the intersection of Argo Drive and Teasley Drive; from
said point of beginning running southwesterly a distance of 195 feet; thence
north a distance of 50 feet; thence northeasterly a distance of 180 feet to
the westerly right of way or Argo Drive, thence southeasterly along the right
of way line of Argo Drive a distance of 50 feet to the point of BEGINNING.
WHEREFORE, THE UNDERSIGNED HEREBY APPLY FOR SUCH ANNEXATION.
Witness the hands and seals of 60% of the electors resident in the annexed
area: s/EDDIE SELLERS & EMMA L. SELLERS
Witness the hands and seals of 60% of the record title holders of the land
described above: s/EDDIE SELLERS & EMMA L. SELLERS
Bill Scoggins made a motion the petitipn be validated and the public hearing
set for January 7, 1991. Wade Lnenicka seconded the motion which carried 7-0.
(F) Amendments to business license ordinance
John Patterson said the language in the business license ordinance should be
amended to require that businesses provide our office adequate information to
properly assess fees. Also, this amendment will allow our business license
officer to audit or require documentation to support the information provided
by businesses on their returns. It will also delete the multi -page listing of
the old license fees which are obsolete and reference the updated license
schedule as being maintained in the Clerk's office.
Jim Hawkins made a motion the following amendments be approved:
That Section 14-10 be deleted in its entirety and replaced with the
following:
Sec. 14-10. License Schedules
The annual license fee to be paid to the City for the issuance of
licenses required by this chapter shall be set by the Mayor and Council
and amended from time to time. A complete business license fee schedule
will be kept on file in the office of the city clerk or his/her
designate.
That a new Section 14-10.2 be added to read as follows:
Sec. 14-10.2. Business license information return
Certain of the business license fees established by the City are based on
quantifiable attributes of the business such as the amount of inventory,
number of employees, number of machines, number of units, etc. Each
business falling into one of these categories is required annually to
supply the City Clerk or his designate with the information necessary to
determine the applicable business:license fee. Those businesses falling
into license categories with a fee based on inventory will be required to
file a copy of their County ;personal property tax return with the
information return. Failure to complete and to deliver the information
necessary to properly determine the proper license amount by the
established deadline will result in the business being assessed a license
fee at the highest rate.
That a new Section 14-10.3 be added to read as follows:
Sec. 14-10.3. Verification of information of return.
(a) Upon request by the City Clerk of his/her designate it shall be the
duty of any person holding a license or registration from the City to
supply the necessary documentation sufficient to verify the information
provided on their information return.
(b) It shall be unlawful for any license or registration holder or for
any servant or agent of the person to fail or refuse to perform any duty
herein imposed, or to obstruct or interfere with the City Clerk or
his/her designate in obtaining information necessary for determination of
the proper tax classification of the license or registration holder's
business. Violators of this code section will be subject to the general
penalties of the City.
Bill Scoggins seconded the motion to approve the amendments which carried
7-0.
December 10, 1990 meeting - continued
COMMERCIAL BUILDING PERMITS: Nothing to report.
BID AWARDS:
(A) Playground equipment - Brinkley and Askew Parks
Bill Scoggins made a motion the bid be awarded to Game Time, the low bidder
at $9,134. John Steely seconded the motion which carried 7-0.
(B) Police cars for D.U.I. Task Force
John Steely made a motion the purchase of four new vehicles, two for the STEP
unit and two for the DUI Task Force be awarded to Southlake Ford at $14,041
each which will include the extended warranty. Southlake is the only vendor
that has these vehicle in stock. Bill Scoggins seconded the motion which
carried 7-0.
(C) Mobile radios for D.U.I. Task Force
John Steely made a motion the bid for two new mobile radios for the DUI Task
Force be awarded to Motorola, the low bidder at $3,822, to be paid from the
Task Force Grant. Kathy Jordan seconded the motion which carried 7-0.
CONSENT AGENDA:
(A) Renewal of contract for Annexation Coordinators
(B) Creation of Sergeant's position in STEP Unit
(C) Approval of November 19, 1990 minutes
(D) Approval to advertise for abandonment of Wright Street extension right
of way
(E) Approval to advertise for abandonment of Cumberland Drive (Jane Lyle
Road)
(F) Approval of FY91 budget adjustment
Jim Hawkins made a motion the consent agenda be approved. Bill Scoggins
seconded the motion which carried 7-0.
COUNCIL INPUT: Wade Lnenicka gave a report from the library.
Jack Shinall urged everyone that had received a questionnaire regarding
recycling to return it as soon as possible. Cobb County will vote to soon
increase tipping fees again from $23 to $41 per ton and council will be
looking into other ways to handle garbage, trash and recycling.
John Steely stated that former Mayor J. M. "Hoot" Gibson passed away
yesterday and the funeral service would be Wednesday, December 12th at 11:00
a.m.
Mayor Bacon stated that Hoot Gibson had done a lot for our city during his
terms as Mayor and he would be missed.
Mayor Bacon also announced that Smyrna Hospital would have Christmas
carolling on their front lawn December 14 and 15 from 7:30 p.m. to 8:15 p.m.
With no further business, meeting adjourned at 8:04 p.m.
i 7
A. BACON, MAYOR.A K, MAI
MELIN DAMERO , C CLERK,
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BOB IS; WARD 1
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OHN STVELY,