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December 10, 1990 Council Meeting December 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 Steely read a proclamation for National Drunk and Drugged Driving Awareness Week and presented it to Sergeant Mike Brown of the Police STEP Division. PUBLIC HEARINGS: Nothing to report. FORMAL BUSINESS: (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 South lake Ford Days Chevrolet Fouts Brothers No bid No bid No bid $41,948 + $895 optional feature Jack Shinall made a Committee for review specifications. Kathy Scoggins abstaining. motion the bid be turned over to the Public Works and to be awarded or re-bid if it does not meet Jordan seconded the motion which carried 6-0, with Bill (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 uni~corporated 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 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 21 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 60% 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 constitut,~ 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 IJt 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 soucheasterly 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 ~ 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., FRAJ~K UZZEL, ASST. SECRETARY Wade Lnenicka made a motion the petitian 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 meeting - 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 petition 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 South lake Ford at $14,041 each which will include the extended warranty. South lake 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) (B) (C) (D) of way (E) Road) (F) Approval Renewal of contract for Annexation Coordinators Creation of Sergeant's position in STEP Unit Approval of November 19, 1990 minutes Approval to advertise for abandonment of Wright Street extension right Approval to advertise for abandonment of Cumberland Drive (Jane Lyle 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 yesterday and a.m. stated that former Mayor J. M. "Hoot" Gibson passed away the funeral service would be Wednesday, December 12th at 11:00 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. f~ {/, AM1j;S ~. HAWKJ;f ' WA)SD .' ( Ii:- r'j t / , . , ( Ii!? 14/,; {)/I/"{L/f0,-=I >-cJ /?Lr. KATH~~OO:KS JORDAN, WARD 6 . /~ ...