12-19-1983 Regular MeetingDecember 5, 1983 - Continued
the clerk, showing the address of the business location; the class or classes of
insurance written; the names of the person writing insurance at such location; the
name of the companies represented; and such other reasonable information as may
be required. Such report shall be made over affidavit of the person in charge of
such business location. It is hereby declared to be a violation of this Code for
any person or his agents to knowingly give false or incomplete information on any
such report. Said report shall be filed at the time of paying the license fee.
(C) All reports required to be filed shall be confidential and the information
contained therein shall be solely for the use of the officers of the city responsible
for administering this section. -
(D) The fees and taxes may be enforced by execution in the same manner as other
taxes of the city. A violation of this section shall be grounds for refusing or
revoking a license, and the person responsible may be punished as for violation
of any other city ordinance.
Jim Hawkins made a motion the ordinance amendment be approved. Max Bacon seconded
the motion which carried 6-0.
Jim Tolleson made a motion the first meeting in January be changed to Tuesday, Jan-
uary 3, 1984, and the second meeting in January be changed to Monday, January 23,
1984. James Williams seconded the motion which carried 6-0.
Jim Hawkins made a motion the minutes of November 7, 1983 be approved as submitted.
Jack Shinall seconded the motion which carried 6-0.
Jack Shinall made a motion the minutes of November 21, 1983 b'e approved as submitted.
Jim Hawkins seconded the motion which carried 6-0.
James Williams made a motion the minutes of November 28, 1983 be approved as sub-
mitted. Jim Hawkins seconded the motion which carried 6-0.
Committee Reports: (Streets) Jack Shinall said that a portion of Memorial Drive
and Church Street would be blocked from 7:30 p.m. to 8:30 p.m. on December 8th,
during the Christmas Tree lighting.
Jack Shinall said we had been working with Mr. Camp to see how we can get our money
back for the curbing machine.
(Parks) Sherry Reavis reminded everyone of the Festival of Music and Tree Lighting
ceremony this Thursday.
Max Bacon said the beautification program had started on Atlanta Road at Belmont
Hills thanks to Public Works and Parks and Recreation. '
(Sanitation) Jim Tolleson said there would be a special trash pickup for the next
two Saturdays,,beginning this week. All leaves and pinestraw should be bagged.
(Library) Doris Morris reported on library activities.
Announcements: Tree lighting on December 8th; CMA meeting on December 13th; next
council meeting December 19th.
With no further business, meeting adjourned at 7:52 p.m.
December 19, 1983
The regular scheduled meeting of Mayor and Council was held December 19, 1983 at
Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding
officer Mayor Arthur T. Bacon. All Council members were present. Also present was
City Attorney Charles E. Camp, City Clerk Willouise Spivey, Assistant City -Clerk
Melinda Hiatt, Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Assistant
Public Works Director Vic Broyles, Building Inspector Larry Dunn, Sanitation Super-
visor Eddie Bessette, Parks Superintendent Jimmy Hinson, Civil Defense Director
Jim Farley, Librarian Doris Morris and representatives of the press.
Invocation was given by Elbert Coalson, followed by the pledge to the flag.
December 19, 1983 - Continued
k
Rezoning: Charles G. West requested rezoning of property on Elmwood Drive in Land
Lot 666 from Residential to General Commercial. There was no opposition. Mr. West
said this lot is located directly behind the 7-11 store on Spring Road and will
be used'for parking for his new shopping center, next to Three Penny Press on Spring
Road. The shopping center will contain 6 new retail shops and is properly zoned.
Mayor Bacon read the minutes from the Planning and Zoning Board meeting where they
recommended the zoning be approved. Jim Tolleson made a motion the property be re-
zoned from residential to General Commercial. Sarah Jones seconded the motion which
carried 7-0.
Annexation: James F. Crist requested annexation of property in Land Lots 846 &
881 at Hargrove Road and Curtis Drive, the legal description having been read and
made a part of the November 21, 1983 meeting. There was no opposition and Jim Tol-
leson made a motion the property be annexed to become a part of Ward 1. Max Bacon
seconded the motion which carried 7-0.
Variance: James F. Crist requested a variance on building height from 5 stories
to 7 stories, or 75 feet. There was no opposition. Mr. Crist said the variance is
for construction of a Days Inn hotel at Emerson Center. The property consists of
31 acres, fronting on Spring Road, Hargrove Road and Curtis Drive. Mr. Crist presen-
ted an aerial photograph of the property which showed the proposd Spring Road Connec-
tor. Mr. Crist said he had been working with officials from the State Department
of Transportation and the County concerning the connector road and had been assured
there is no problem with this development. Mr. Grist 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 this height. After further discussion, Jim
Tolleson made a motion the variance be approved. Jack Shinall seconded the motion
which carried 7-0..
Annexation: Henry C. Fuqua and Z. C. Hayes requested annexation of property on
Oak Drive in Land Lot 753, the legal description having been read and made a part
of the November 21, 1983 meeting. There was no opposition and Sarah Jones made a
motion the property be annexed to become a part of Ward 7. Elbert Coalson seconded
the motion which carried 7-0.
Variance: Rick Vaughn with Mayes, Sudderth & Etheredge requested a variance on
copy area for a marquee type sign for the Highlands Park entrance. Mr. Vaughn said
the sign would be on South Cobb Drive, about 1/10 mile from I-285 and presented
pictures of the sign. Jack Shinall made a motion the variance be approved for 250
square feet copy area. Sarah Jones seconded the motion which carried 7-0.
Commercial Building Permits: Commercial building permits were presented by Inspector
Larry Dunn and upon his recommendation the following approved:
(1) Dempsey Moseley requested a permit for new construction of Atlanta Road Body
Shop, 2300 Atlanta Road, at an estimated cost of $105,000. Sarah Jones made a motion
the permit be approved subject to approval of the City Engineer and Fire Marshal.
Elbert Coalson seconded the motion which carried 7-0.
i
(2) Halpern Enterprises requested a permit for remodeling -of the Department -of
Labor Building at 2552 South Cobb Drive at a total estimated cost of $30,000. Sarah
Jbnes.made a motion the permit be .approved subject to approval of the City Engineer
and Fire Marshal. Elbert Coalson-seconded the motion which carried 7-0.
(3) . Union Oil Company requested a permit for an addition to the building at 2691
South Cobb Drive at a total estimated cost of $55,000. Sarah Jones made a motion
the permit be approved, subject to -approval of the City Engineer and Fire .Marshal.
Jack Shinall seconded the motion which carried 7-0.
(4) Lance Oil Company requested approval of a modular type building at King Springs
Plaza at a total estimated cost of $10,000. Sarah Jones made a motion the permit
be approved subject to approval of the City Engineer and Fire Marshal. Elbert Coalson
seconded the motion which carried 7-0.
Validation of -Signatures: Attorney Camp read an application for annexation by J.
L. Conine as,follows:
We the undersigned, who constitute sixty percent (60%) of the owners of the land
area• by acreage of the area 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 the Code of Georgia Annotated, Sections 69-904 through 69-
December 19, 1983 - Continued
912 (Georgia Laws, Acts 1966, Pages 409, 410, 411, 412, 413; 1971,'399; 1976, Pages
1011,.1012; said property to be annexed being described as follows, to wit:
All that tract or parcel of land lying and being in Land Lots 753 & 754 of the 2nd
Section, 17th District, Cobb County, Georgia and more particularly described as
follows:
BEGINNING at a point on the southwesterly right of way (110 feet from centerline)
of South Cobb Drive 393.85 feet southeasterly along said right of way.from inter-
section of said right of way with the south right of way (15 feet from centerline)
of Oak Drive; thence continue along said right of way of South Cobb Drive following
the curvature thereof 157.32 feet to an 1/2" rebar set, said rebar being South 37
degrees 26 minutes 13 seconds East 157.30 feet from the preceding point; thence
South 09 degrees 08 minutes 29 seconds East 144.40 feet to a right of way monument
found on the westerly right of way of Interstate 285; thence continue along said
right of way South 20 degrees 57 minutes 31 seconds West 376.70 feet to a right
of way monument found; thence continue along said right of way of Interstate 285
South 51 degrees 52 minutes. 59 seconds West' 74.06 feet to 1/2" rebar found; thence
North 00 degrees 03 minutes 49 seconds East 188.26 feet to a 1" pipe found; thence
North 00 degrees 40 minutes 50 seconds East 241.72 feet to 1/2" rebar set; thence
North 87 degrees 32 minutes 38 seconds West 309.60 feet to a 3/4" crimp top pin
found; thence North 00 degrees 32 minutes 19 seconds East 241.83 feet to 1" iron
rod found; thence South 86 degrees 57 minutes 31 seconds East 378.66 feet to 1/2"
rebar set and the point of BEGINNING containing 3.67 acres. ;
r
WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE
SAID APPLICATION FOR ANNEXATION.TO THE CITY OF SMYRNA.
Witness the signature of the record title holders of the fee simple title, or his
legal representative, of 60% of the land area above described by acreage: s/TRITON,
INC., J. L. CONINE, VICE-PRESIDENT
Sarah Jones made a motion the, signature be validated and the public hearing set
for January 23, 1984. Max Bacon seconded the motion which carried 7-0.
Validation of Signatures: Attorney Camp read an application for annexation by Alvin
McCall as follows:
We the undersigned, who constitute sixty percent (60%) of the owners of the land
area by acreage of the area 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 the Code of Georgia Annotated, Sections 69-904 through 69-
912 (Georgia Laws, Acts 1966, Pages 409, 410, 411, 412, 413; 1971, 399; 1976, Pages
1011, 1012; said property to be annexed being described as follows, to wit:
BEGINNING at a point located at the corner of Land Lots 381 and 380; thence North
89 degrees 28 minutes East 435.68 feet to a point located on the west side of Lamar
Circle; thence South 35 degrees 08 minutes 40 seconds East 252.53 feet to a point
located at the northwest intersection of Concord Road and Lamar Circle; thence along
the north side of Concord Road 385.8 feet to a point; thence in a northerly direction
50'6.5 feet to the point of BEGINNING.
WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE
SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA.
Witness the signature of the record title holders of the fee simple title, or his
legal representative, of 60% of the land area above described by acreage: s/RYANIS
FAMILY STEAK HOUSE MGT., INC., ALVIN MC CALL, VICE PRESIDENT
Sarah Jones made a motion the signature be validated and the public hearing set
for January 23, 1984. James Williams seconded the motion which carried 7-0.
Bid Award: James Williams said we received 5 responses to the bid request for a
rescue truck for Civil Defense with only 2 bids. One bid for $30,000 did not meet
the needs of Civil Defense and the other bid was from American Safety and Fire House
at a base price of $27,997. However, to make the vehicle complete with accessories
the total price is $36,005.50. $30,000 was approved -in the budget and Mr. Farley
has $1,000 to add to the cost which leaves us $5,005.50 short. James said we have
the money in Contingency to make up the difference and made a motion the bid from
American Safety and Fire House be accepted, with $30,000 to be paid from Revenue
Sharing and $5,005.50 to be paid from the Contingency Fund. Elbert Coalson seconded
the motion which carried 7-0.
December 19, 1983 - Continued
Ordinance Amendment: Attorney Camp stated he. had drafted a new ordinance, pursuant
to Georgia law, which would allow the City to.impose business license taxes on finan-
cial institutions located in the City of Smyrna, as follows:
Section 14-13 Financial Institutions Gross Receipts Tax
To impose business license taxes. on financial institutions located within the City
of Smyrna; to provide an effective date; to .repeal conflicting ordinances; and for
other purposes.
BE .IT ORDAINED by the Mayor and Council of the City of Smyrna, and it is hereby
ordained by authority thereof; that the Code of Ordinances of the City of Smyrna
is hereby amended and that a new Section 14-13 of said Code is hereby adopted titled
Financial Institutions Gross Receipts Tax which shall be as follows:
Section 1. Financial Institutions Business License Tax
Pursuant to O.C.G.A. §48-6-93 there is hereby levied for the year 1984, and for
each year thereafter, an annual business license tax upon. state and national banking
associations, federal savings and loan associations and state building and loan
associations a business license tax at the rate of .25% of .the gross receipts of
said institutions. Gross receipts shall mean gross receipts as defined in O.C.G.A.
§48-6-93. Notwithstanding any 'other provision of this ordinance, the minimum amount
of business license tax due from any depository financial institution pursuant to
this ordinance shall be $1,000 per year.
Section 2. Due Date; Filing of Return
Each depository financial .institution within the City of Smyrna shall file a return
of its gross receipts with the City of, Smyrna on March 1 of the year .following the
year in which such gross receipts were measured. Said returns shall be in the manner
and in the form prescribed by the Commissioner of the Department of Banking and
shall be based upon the allocation method set forth in subsection (d) of Code Section
48-6-93 of the Official Code of Georgia Annotated_. The tax levied pursuant to this
ordinance shall be assessed and collected based upon the information provided in
said return.
The due date of taxes levied by this ordinance shall be April 1, 1984 and April
1 of each subsequent year.
Section 3.
This ordinance shall be effective January 1, 1984.
Section 4.
All ordinances and parts of ordinances in conflict with this Act are hereby repealed.
Jim Hawkins made a motion the ordinance be approved. Jack Shinall seconded the motion
which carried 7-0.
Ordinance Amendment: Attorney Camp said at the last meeting, an ordinance was adopt-
ed amending insurance company license fees. This ordinance contained a part of the
old ordinance which required reports to be filed with the City. Upon submission
to the Insurance Commissioners office, they recommended this portion be deleted
since the State will now be collecting all premium fees. Jim Hawkins made a motion
the ordinance be amended and approved.as follows:
Section 14-12 To impose license fees on life insurers conducting business within
the City of Smyrna; to impose a gross premiums tax on insurers operating within
said city; to provide an effective date; to provide for certain reports; to repeal
conflicting ordinances; and for other purposes.
BE IT ORDAINED by the Mayor and Council of the City of Smyrna, and it is hereby
ordained by authority thereof;. that Section 14-12 of the Code of Ordinance of the
City of Smyrna is hereby repealed and that a new Section 14-12 of said Code is hereby
adopted titled Insurance Company License Fees which shall be as follows:
Sub Section A. Life Insurers License Fees
There is hereby levied for the year 1984 and for each year thereafter an annual
license fee upon each life insurer doing business within the City of Smyrna in the
amount of Seventy -Five Dollars ($75.00). For each separate business location in
excess of one not covered by Section 2, which is operating on behalf of such insurers
within the City of Smyrna, there is hereby levied a license fee in the amount of
Seventy -Five Dollars ($75.00). For the purposes of this ordinance, the term "insurer"
1
December 19, 1983 - Continued
means a company which is authorized to. transact business in the .class. of insurance
designated in sub section l:.of,O.C.G.A. §33-3-5.
Sub Section B. License Fee for Life Insurers Insuring Certain
Risk at Additional Business Locations
For each separate business location, not otherwise subject to a license fee here-
under, operated and maintained by:a business organization which is engaged in the
business of lending money or transacting sales. involving term financing and in con-
nection with such loans or sales, offers, solicits or takes application for insurance
through a licensed agent of a life insurer for life insurance said insurer shall
pay an additional license fee of 35% of the fee paid in Sub Section A, oil' $10.00.,
whichever is greater, per location for the year 1984 and for each year thereafter.
Sub Section C. Life Insurance Agency License.Fees; Independent
Life Insurance Agencies, Brokers, etc., not
Otherwise Licensed
There is hereby levied for the year 1984 and for each year thereafter an, annual
license•fee .upon independent agencies and brokers for,each separate business location
from which a life insurance business is conducted and which is not subject to the
company license fee imposed by Section 1 hereof, in the amount of Seventy -Five Dol-
lars ($75.00) for each such location within the City of Smyrna.
Sub Section D. Gross Premiums Tax Imposed on Life Insurers
There is hereby levied for the year 1984 and for each yearthereafter. an annual
tax based solely upon gross direct premiums upon each insurer writing life, accident
and sickness insurance within the City of Smyrna in an amount equal:- "to one percent
(1%) of the gross direct premiums received ,during the calendar .year in accordance
with O-C.G.A. §33-8-8:1. Gross direct premiums as 'used in this section shall mean
gross direct •premiums,•as• used in O.C.G.A: §33-8-4. The premium tax -levied by this
section is in addition to the license fees imposed by Section ,1•of this ordinance.
Sub Section E: Gross Premiums Tax, All Other Insurers
In accordance with O.C.G.A. §33-8-8.2, there is hereby- levied for the year 1984
and. for. each year thereafter an annual tax based upon the gross direct premiums
on each insurer doing business in the City of Smyrna at the rates set forth below:
Commencing January 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.l, 1986 and every year thereafter
2.5% of the gross direct premiums received during the
calendar year.
Insurer as used in this section shall mean any insurer other than an insurer trans-
acting business in the class of insurance designated in subsection 1 of O.C.G.A.
§33-8-8.2(a).
Sub Section F. Due Date for License Fees
License fees imposed in Sections 14-12A through 14-12C of this ordinance shall be
due and payable on the lst day of •January 1984 and on the 1st day of January each
subsequent year.
Sub Section G. Administrative Provisions
The City Clerk is hereby directed,to forward a duly certified copy of this ordinance
to the Insurance Commissioner of the State of Georgia.
Sub Section H. Effective Date
This ordinance shall become effective January 1, 1984.
Sub Section I. Severability
In the event any portion of this ordinance shall be declared or adjudged invalid
or unconstitutional, it is the intention of the City Council of the City of Smyrna
that such adjudication shall in no manner affect the other sections, sentences,
clauses or phrases of this ordinance which shall remain in full force and effect,
as if the invalid or unconstitutional section, sentence, clause or phrase were not
originally a part of the ordinance.
Sub Section J. Repealer
All ordinances and parts of ordinances in conflict with this ordinance are hereby
repealed.
December 19, 1983 - Continued
Section 14-12.1. Non -Compliance; Penalties
The license fees may be enforced by execution in the same manner as other fees of
y: the city. A violation of this section shall be grounds for refusing or revoking
a license, and the person responsible may be punished as for violation of any other
city ordinance.
Sarah Jones seconded the motion to approve the amendment which carried 7-0.
Appointments to Planning & Zoning Board: James.Williams made a motion the appoint-
ment from Ward 3 be tabled to the next meeting. Max Bacon seconded the motion which
carried 7-0.
Jack Shinall made a motion the appointment from Ward 5 be tabled to the next meeting.
Max Bacon seconded the motion which carried 7-0.
Elbert Coalson said he and incoming Councilwoman Kathy Brooks had agreed on the
appointment from Ward 6, and made a motion that George Griffin be reappointed. 'Max
Bacon seconded the motion which carried 7-0.
Upon the recommendation of Mayor Bacon, Jack Shinall made a motion the Mayor's re-
appointment be tabled to the next meeting. Jim Hawkins seconded the motion which
carried 7-0.
Atlanta Road: Mayor Bacon said we had received a letter from the Department of
Transportation stating their intentions to widen Atlanta Road if the City would
agree to move•the.utility lines. Mayor Bacon said he had been in contact with Georgia
Power, Atlanta Gas Light and Southern Bell and he did not think it would be very
expensive to move the lines but we don't have anything concrete as yet. Elbert Coal -
son made a .,motion• the; ,,agreement be tabled to the second meeting -in January. James
Williams seconded+the motion•which"carried 7-0.
Jim Tolleson said the cost of underground garbage cans has increased again. We are
paying $118 for the units and charging our customers $115. Jim Tolleson made a motion
we increase our prices from $115 to $150. Jack Shinall: 's6d6hded--the mdtion which
carried 7-0. '
Jim Tolleson said careful study had been given to increasing the water, sewer and
sanitation rates and a $2.00 increase in sanitation was necessary to eliminate the
deficit in that budget. Also, the Cobb -Marietta Water Authority has increased their
rates to us by 110 per thousand gallons, and Cobb County has increased sewer treat-
ment rates by 210 per thousand gallons. Jim said no one wants to do it, but these
increases have to be passed on to the customer. Jim Tolleson made a motion that
sanitation rates be increased from $4.00 to $6.00 for residential customers, water
rates be increased from 850 per thousand to 960 per thousand, and sewer rates be
increased from 850 per thousand to $1.06 per thousand, effective January 1, 1984.
Sarah Jones seconded the motion.
Jim Hawkins said the sanitation increases came about because of a public hearing
held several months ago at City Hall and the people present for the hearing, and
everyone else he had talked to said they would rather the City retain the service,
even if it meant an increase. Jim Hawkins said the water and sewer increases bothered
him and he would not support another increase until Cobb County and the water auth-
ority came to us with proper justification. Jack Shinall also said he did not know
where the sewer increases would stop. Jim Tolleson said a move was underway now
to make legislative changes where the water authority would have a member from each
city, or one member to rotate from each city, since this affects every municipality.
After further discussion, vote on the increases carried 7-0.
Records Retention Schedule: Attorney Camp said the Secretary of State had been
charged with setting a schedule of records retention for local governments and the
schedule they submitted is the one they recommend for approval. Cities may vary
in their method of retaining records, but the number of years for retention is re-
quired. Mr. Camp said there may be some portions of the schedule that do not pertain
to us, but the entire schedule should be adopted. After discussion, Jim Tolleson
made a motion the records retention schedule as submitted by the State be adopted.
Jim Hawkins seconded the motion which carried 6-1, with Jack Shinall opposed.
Committee Reports: James Williams thanked all city departments who were involved
in the Christmas Tree lighting.
(Library) Doris Morris reported on library activities.
I
December 19, 1983 - Continued
Sarah Jones reminded everyone of the special election tomorrow to fill Buddy Darderi's
post in the House of Representatives.- �
Mayor Bacon said the last 2 years have been good ones, and hated.to•see Elbert Coal- ��'T•
son leave. Also, he appreciated Sarah Jones serving for the -past 2 years.
Elbert Coalson said he -would 'always be willing to help out whenever he could. He
felt the employees, and citizens of this town are the greatest and hoped the next
administration would remember them. Mr. Coalson said he knew Kathy Brooks would
make..a good councilwoman:
With no further business, meeting adjourned at 8:37 p.m.
s,
ARTNUR T. BACON, MAYOR
AMES E. TOLLESON WARD 1
L
WILLIAMS, WARD 3
SHINALL, WARD 5
WILLOUISE C. SPIVEY, YY CLERK
MAX BACON, WARD 2