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April 2/16/17, 1979 Council Meeting meeting of Mayor and Council was held pursuant to the Charter Georgia on April 2, 1979. Presiding officer Mayor Frank ting to order at 7:30 o'clock p.m. All Council members were t was City Attorney Charles Camp, City Clerk Willouise Spivey, er Newsom, Police Chief R. E. Little, Fire Chief Don Atkinson, eat ion Superintendent Bill Johnston, Public Works Director J. E. David, Civil Defense Director Jim Farley, Inspector Len Williams and representatives of the press. Invocation was given by Councilman Elbert Coalson, followed by the pledge to the flag. C. Spr had been made to s had been eived for road is partially in Jim Tolleson stated that where previous approval h expressed his continued interest in the City, and He stated that during his administration tentative sidewalk King Springs Road, from Concord to the park and asked made toward this construction. Jerry Mills stated that estimates s sidewalk in the amount of approximately $25,000, but this ty and pJ.ans would have to be coordinated with the county. had already searched the minutes but could not find en given for this work. Continuation - Ridge Road & South Cobb Drive: Mayor Johnson stated with Mr. Potts who was one of the persons signing the original applicat tion. Later, Mr. Potts gave a letter withdrawing his name from that request. There was some question as to whether or not that might have been done prematurely. At this time, and with the latest communication with Mr. Potts, he says that as long as the neighbors at the intersection of Ridge Road and South Cobb Drive are satisfied by virtue of a covenant being signed for an additional 15 years protecti hat property then he would give consideration for replacing his name on the ginal petition. That is where we stand now and at this time I understand that the petition is being circulated in the area of the intersection of Ridge and South Cobb Drive. All the principal people who might be involved, I believe, have signed that paper and the last one who has agreed to sign after every- one else in that area is Mr. Don Hall who says he will sign it, after everyone else has. If that is done, I think Mr. Olin who is another party will be in town I under- stand by the middle of the week, and it's very likely that Mr. Olin might reinstate his name also. If that develops, then we do intend to proceed with our annexation efforts for that piece of property. We actually have nothing to do here tonight than to continue it until such time as we might be able to consummate the covenant. Smith: I am not aware of what Mr. Potts has said in regard to the s on the covenant, but it was my understanding that originally the Mayor had indicated there were no conditions on the covenant. I think it's pretty "iffy" whether the t will protect: the property under Georgia law for the of 15 years, an assure you that the people aren'~ going around sign- ing up these covenants so that Mr. Potts will come back on the annexation petition it's just the opposite. It's our understanding that he wants the protection of the covenant. Mayor Johnson: Mr. Smith, I would like to respond to that. It is my understanding that you drew the covenant and Mr. Hall had indicated that in all good faith he did not intend to put anything at that location other than a residence and :to show good. faint that he would be willing to sign the covenant also. The City does not have a thing in the world to do with nt. I talked to one of the people in that neigh- borhood yesterd to know if I, or anyone on the Council wanted to take the paper to Mr. him to sign it and I said "No mam, you take it to him - he's your neighbor. doesn't have anything at all to do with that covenant." You drew the paper, Mr. Smith, so why is it not any good? I explained that to the people; because there is already a covenant on Attorney, as I understan t, drew another continuation of the pro- tective covenant and sent it out to Mrs. vers and Mr. LeFevre. As a matter of information is correct, Mr. Newsom told Mrs. Beavers that he would get here to argue that point. I understand that the nt in the covenant but I don't think anybody who II question that the City has been involved - Hall signing the covenant. My point is that e 45 days for a hearing, you don't have the u that the people who were given the covenant they complete the covenant that they fixed it will come back on and I don't believe that is urge you to dismiss this and if you want to the proper manner, because it's been well past site registered voters and we submit that the matter (Continuation of April 2, 1979 Meeting) on law and as I ride. At the way it f S to this start over. I don't mind ~oming s going to have to be that there is just think you can do it one is dead and we urge respond to that, that the point of view because the circumstances prevailed to release his letter as was get worked out. which the City's intent to move the City from moving south, as does the City of would be worked to be at the corner of continued to act in a a very legal form of Council meeting. and the signing of the covenant. is certainly that that Mr. Mr. Potts has not resigned the application at this time. is that I do not have a that he has given me at this time. AttorneySfuith: And the covenant would not in any way affect the property south of where Mr. LeFevre lives. the 18 acres. Mayor Johnson: No. Smith: Just those people within the subdivision who have signed the covenant. Mayor Johnson: That is correct. Only the people who have signed it. is 2~ years left on the original covenant. I believe there , may I that the trying to get you to drop the than anybody in a statement of information for your benefit. getting involved in the covenant and I in it. As legal counsel for the City, what the covenant will do. He drew it and world what is in it. I have not seen it and I I understand The Mayor said if to me the covenant and I don't mean to get into an argument over cpvenant worked out, Hr. Potts would come back much an integral part of what Mr. Potts at point, Mr. MaYPr...is that we have not heard from Mr the initialapp].ication was filed. All we a report of him withdrawing. I think we need to not present. personally is some- discuss that Jerry Mills made a motion that the hearing be continued until the next regular Council April 16th. Bill Darby seconded and the motion carried 7-0. stated light requested arresting he of King or not you when he entered not technically he had red. Officer and a red he and (Continuation of April 2, 1979 Meeting) Mr. Cowden traveling east on Concord and it had been his traffic by watching the light on his side and observing the the intersection. At the point when the light had turned green , Mr. Cowden had entered the intersection. Mr. Cowden was stopped and citation. Officer Leger stated he observed the vehicle prior to entering the intersection and he appeared to be traveling faster than the 35 mph speed limit. After discussion, Elbert Coalson made a motion to uphold the decision of Recorder's Court. Jim Hawkins seconded the motion carried 7-0. Request for Beer and Wine License - Monterre Mexican Restaurant, 2640-A Atlanta Street - Jim Hawkin ated the police investigation did not reveal any factors in the application that would bar the applicant, Jesus Diaz from obtaining a pouring license. The License Committee has looked at this application and recommended the license be approved. Motion by Jerry Mills to approve the license was seconded by Bill Darby, and carried by a 6-1 vote. John Steely voted against. Management & e License Majik Market - 2630 Herodian Way Mr. Larry of ord Corporation appeared on behalf of the applicant, Mr. Daniel LeMay who had been called out of town. Jim Hawkins stated the police investigation did not reveal any factors in the application which would bar the applicant, Daniel LeMay from obtaining the license. The application is in order and the License Committee recommended it be approved. Jim Tolleson made a motion the management change be approved. Bill Darby seconded and the motion carried 7-0. Management Change - Beer & Wine Package License - Majik Market - 2498 Spring Road Jim Hawkins stated the police investigation did not reveal any factors in the application which would bar the applicant, Daniel LeMay, from obtaining the license requested. The application is in order and the Committee recommends it be approved. Jim Tolleson made a motion the management change application be approved. Jim Hawkins seconded the motion which carried 7-0. e Pouring License - Lum's Restaurant, 2~65 South Cobb Dr. by the police department did not reveal any factors would prevent the applicant, Richard A. Zappolo, from obtaining the license requested. The License Committee recommends it be approved. Elbert Coalson made a motion to approve the application for management change. Motion was seconded by Jack Shinall and carried 7-0. Variance Request - Ric Pr tt - 1395 South Cobb Drive - Jim Hawkins read a request from Mr. Richa for a setback variance of 20' on the front of the building, located at 1395 South Cobb Drive. Mr. Pratt stated he was requesting the variance in order to build an addition for a waiting area, which would also give more seating in the restaurant. Mr. Pratt stated the building is presen:t:iy located 50' from South Cobb Drive and if this variance is granted, it would make the building 30' from the right-of th Cobb Drive. After discussion, he was informed that he would need to ten approval from the State Highway Department prior to requesting a variance from the City, as this setback requirement is also a State law, on major thoroughfares. Mr. Pratt asked that his request be wi.thdrawn until approval could be obtained from the State, at which time the request would be re- submitted. Jim Tolleson made a motion the proposed swimming pool rates for 1979 be approved as read: DAILY ADMISSION - Walk/On Ages 0 3 years " 4 - 17 years tt 18 up Free 50<;:/per person $l.OO/per person SWIM PASSES I. Year-Round A. B. Individual Family $45 $85 II. Quarterly (Spring-Summer-Fall) A. B. Individual Family $25 $40 CLASS REGISTRATION FEE $10 per/person Jerry Mills seconded the motion which carried 7-0. (Continuation of April 2, 1979 Meeting) and Inspector a motion the 7-0. Dickson requesteda.building permit Drive. Plans had been approved by recommended the permit be approved. approved. John Steely seconded and the made a motion the Hawkins seconded and the motion of March 12, 1979 be approved. 7-0. Jim motion the motion of March 19, 1979 be approved. carried 7-0. Jim Validation of Annexation Request & Lamar Dickson requested annexation of property located in Land Lots 412 and 381. The application was read as follows: "We the undersigned. who constitute sixty percent (60%) of the electors in area described below and who constitute (60%) of the the land acreage of the area which is unincorporated and contiguouS to the City of Smyrna. hereby have said into the City under the provisions of the Code of Georgia Sections 69-904 throLlgh69-912 (Georgia Laws, Acts 1966, Pages 409, 412, 413; 1971, 399; 1976, Pages 1101, 1012; said property to be described as follows, to wit: 1: All that tract of land lying and being in Land Lots and 381 of the 17th 2nd Section, Cobb County, Georgia and more particularly described as follows: BEGINNING at a point on the right-of-way of Rad.cliff Road, said iron pin being 250 feet southeasterly as measured along the south~ west.erly right-of-way of Radcliff Road from the corner formed by the inter- of the of Radcliff Road and the southeasterly of Concord thence in a southwesterly direction a of 228 feet to a running thence in a southeasterly direction a of 125 feet to a point; running thence in a northeasterly direction a distance of 228 feet to a point on the southwesterly right..of....way of Radcliff Road; thence running in a northwesterly direction along the southwesterly right-of-way of Radcliff Road a distance of 125 feet to the point of BEGINNING. All that tract or parcel of land lying and being in Land Lot 412, 2nd Section, Cobb County, Georgia and being more particularly follows: at an iron pin at the intersection of the southwesterly right-of- Radcliff Road and the nOl:'thwesterly right-of~way of Smyrna Hill Drive; thence south 55 degrees 25 minutes 30 seconds west along the north- right-of-way of Drive a distance of 110 feet to an iron pin; running thence north 33 24 minutes 35 seconds west a distance of 140 feet to an iron pin; thence north 55 degrees 24 30 seconds east a distance of 110 feet to an iron nail on the southwesterly right-of-way of Radcliff Road; running thence south 33 degrees 24 minutes 35 seconds east along the southwes.terly right-of-way of Radcliff Road a distance of 140 feet to an iron pin and 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/JOHN DICKSON & C. LAMAR DICKSON" Jerry Mills moved to validate the petiti.on. carried 7-0. Jack Shinall seconded and the motion Validation of Annexation Request -Raymond Moon and H. S. Pair requested annexation of property located in Land Lots 671 and 672. The application was read as follows: "We the undersigned, who in the area described owners of and land area and cont the City sixty percent (60%) of constitute sixty of the area of SmYl:'na, hereby under the provisions the electors resident (60%) of the which is un- to have said Code of Georgia (Continuation of April 2, 1979 Meeting) d, Sections 69-904 through 69-912 (Georgia Laws, Acts 1966, Pages 409, 412, 413; 1971, 399; 1976, Pages 1l01, 1012; said property to be being described as follows, to wit: All that tract or parcel of land lying and being in Land Lots 671 and 672 of the 17th District, 2nd Section, Cobb County, Georgia and being more particular- ly described as follows: BEGINNING at an iron pin located at the southwestern corner of Land Lot 671 (being the corner common to Land Lot 671. 672. 625 and 626, said district, section and county); running thence along the western margin of Land Lot 671 north 0 degrees 2 minutes west a distance of 169.0 feet to an iron pin; running thence along the western margin of Land Lot 671 north 0 degrees 20 minutes 30 seconds west a distance of 490.0 feet to an iron pin; thence north along the west Land Lot line of Land Lot 671, 229.70 feet to a point; thence easterly 803.18 feet to a point; thence south 40 degrees 30 minutes 194.30 feet to a point; thence south 73 degrees east 78 feet to a point, running thence in a southwesterly direction along the northwestern margin of the right-of-way of Ridge Road of the following courses and distances: southwest 160 feet to a point; south 46 degrees 0 minutes west a distance of 143.4 feet; thence south 47 degrees II minutes 45 seconds west a distance of 165.8 feet; south 45 degrees 31 minutes 30 seconds west a distance of 100.6 feet; south 41 degrees 52 mi conds west a distance of 200.3 feet; south 43 degrees o minutes wes tance of 364.2 feet; south 43 degrees 53 minutes 45 seconds west a distance of 310.9 feet to an iron pin on the western margin of Land Lot 672; running thence north 0 degrees 5 minutes 45 seconds west along the western margin of Land Lot 672 for a distance of 279.3 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/H. S. PAIR s/RAYMOND D. MOON BUILDER, INC." Bill Darby made a motion to validate the application, seconded by Jim Tolleson. Motion carried 7-0. Jack Shinall made a motion that the date for public hearing be set for Tuesday, April 17, 1979 at 7:30 p.m. Jerry Mills seconded and the motion carried 7-0. eports: (Water) Jack Shinall reported that the cut-off notices for ater customers had reduced the actual number of cutoffs by about 50%. (Inspections) Jim Hawkins read a request from John and Lamar Dickson for a variance for a 25 foot setback on Smyrna Hill Drive instead of the 50 foot setback required in the Code in order to build mini-warehouses behind Dickson Shopping Center. Jim Hawkins made a motion the variance be approved. John Steely seconded and the motion carried 7-0. ) Jerry Mills read a request from Jim David that $10,000 be transferred from in the Street Department budget to supplies and drainage expense account, These funds will be utilized to improve the flood control program (curbing, etc.) in various areas of the City. Jerry made a motion that these funds be fer red to the flood control program. This transfer of funds had already been approved by the Finance Committee. Bill Darby seconded the motion which carried 7-0. (Str sala 118501. Jerry Mills made a motion that bids be accepted for a new dump truck body, to be opened at the next council meeting on April 16th, to be expended from Revenue Sharing in next year's budget. Motion was seconded by Jack Shinall and carried by a 7-0 vote. (Finance) Bill Darby requested that the continuation of the annexation hearing on Ridge Road/South Cobb Drive be placed at the bottom of the agenda on April 16th, as a courtesy to the citizens of Smyrna that they not be detained longer than necessary. Bill Darby reported that $350,000 in notes had been paid and made a motion to renew another note for $200,000. Jerry Mills seconded and the motion carried by a 7-0 vote. Mayor Johnson reminded everyone of the GMA 7th District Conference in Kennesaw on April 10th. The next council meeting will be April 16th. Meeting adjourned at 8:40 p.m. *************** April 16, 1979 The the MaYOr Jim meeting of and Council was held on April l6~ 1979 at Smyrna, Georgia. meeting was called to order by presiding officer Johnson at 7:30 o'clock p.m. All Council members were except who was expected to arrive Also present was Charles Director Gunter Newsom, Chief R. E. Little, Fire Don Atkinson, Works Director Jim David. Building Inspector Len VJill:tams and rep- resentatives of the press. Invocation was given by Jim Tolleson, followed by the pledge to the flag. There no citizen reports. ation, agenda. Johnson this annex- from the on was pending be .an ment the ordinance. against. John requested a 20-foot South Cobb Drive. This , but withdrawn Mr. The Department , with a copy to the since the buillding Therefore, a..permit from their 'depart- Jim Tolleson made a motion that grounds that it does not comply with the motion which carried 5-1. Jack Shinall voted variance not Variance Request - Mr. Leslie W. from the limited-commercial zoning an antique shop. Jerry Mills made comply the Code requirements, zoning districts. Bill Darby seconded . 1265 Sunset Avenue requested a variance address in order to use the building as the variance be granted provided they any outside displays in retail sales and the motion carried 6-0. Request to move house into City - Jean Ellis requested approval to move a house into theC:Lty to be located at 1041 Powder Springs Street, property being owned by her mother, Mrs. P. W. Hammontree. This would be a sub-divided lot and is presently zoned R-15. Jerry Mills made a motion this request be approved, with the following 1) that the house with all underpinnings, utility activities to make it a functioning house. upon which can be issued 90 days from the date the houSe is placed on activities to the actual transportation the house the City be coordinated with the Police of 3) Chat the structure that could be and be no ,150 square feet; 4) that building , etc.. as the Code of Smyrna for ion be complied with. John Steely seconded the motion which carried 6-0. an arrived at meeting at 7:45 p.m., having been detained at Bids for a new F700 dump truck and body for the Street Department and are recorded as follows: Ford $14,332.04 All specifications met - forecast 90 day delivery Woods Dr. Chevrolet Parkway $15,789.51 Peach State Ford 1-85 @ Norcross-Tucker Rd. $14,186.41 - (F800) in stock as of this date Day.s Chevrolet Unable to make delivery of this model because of expiration of order date for this series. $13,904.58 (Continuation of April 16, 1979 Meeting) Wade Ford 360 Spring Street $14,615.76 All specifications met - can deliver approximately 7/21/79 Harry White Ford 2393 Stewart Avenue $15,145.00 - (F600) meets all specifications Capital Ford Truck Sales 290 University Avenue $14,789.00 - (F800) Jerry Mills made a motion the bids be turned over to committee for review, with authority to act. Elbert Coalson seconded the motion which carried by a 7-0 vote. Commercial building permits were presented by Len Williams, and upon his recommendation the following action is recorded: (1) Town Creek Manor Apartments, 3366 Atlanta Street requested a building permit to repair fire damage. Plans had been approved by the Fire Marshal. Elbert Coalson made a motion the permit be approved. Motion was seconded by Bill Darby and carried by a 7-0 vote. (2) Plumtree Apartments, 1948 Cobb Parkway requested a building permit to repair fire damage to the apartments. Plans had been approved by the Fire Marshal. Jim Tolleson made a motion the permit be granted, seconded by John Steely. Motion carried by a 7-0 vote. (3) Dr. Bennie J. Norton requested a building permit to remodel offices at 969 Cherokee Road, to be used for a dentist office. Plans had been approved by the Fire Marshal. Jack Shinall made a motion the permit be approved. Jerry Mills seconded the motion which carried 7-0. (4) Cobb County Board of. Education requested a building permit for the construction of a physical education at Argyle Elementary School, 2420 Spring Road. Plans had been approved by ire Marshal. Jim Tolleson made a motion the permit be approved, seconded by John Steely. Motion carried 7-0. (5) Ridgeview Institute, 3985 South Cobb Drive requested a building permit for the construction of additional doctors offices. Plans had been approved by the Fire Marshal. Bill Darby made a motion the permit be approved. Jim Hawkins seconded, and the motion carried 7-0. Elbert Coalson stated he had received several requests from citizens in his ward. for 3-way stop signs at the intersection of Green Acres Road and Kennesaw Drive. Mr. Coalson made a motion 3-way stop signs be approved for this location, in an effort to slow the traffic on Kennesaw Drive. Jerry Mills seconded, and the motion carried 7-0. Jerry Mills made a motion the minutes of March 28, 1979 be approved as submitted. Jack Shinall seconded, and the motion carried by a 7-0 vote. Jim Tolleson made a motion that the City request proposals for its workmans compen- sation and workmans liability insurance, to be received by April 25, 1979. Jim Hawkins seconded. Jack Shinall stated he felt this was not allowing enough time for proposals to be submitted, and could give unfair advantage to some companies. Jim Tolleson stated he realized that, but our present insurance was expiring and we could roll it over, if necessary. The cutoff date of April 25th was set to see what kind of response we would get. Vote on the motion carried 7-0. Validation of Si atures - Request for Annexation - Mr. Neal Littman requested annex- ation of approx tely 18 acres located in Land Lots 601 and 602. The application was read as follows: "We the undersigned, who constitute sixty percent (60%) of the electors resident in the area described below and 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, 41l, 412, 413; 1971, 399; 1976, Pages 1101. 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 601 and 602 of the 17th District, 2nd Section of Cobb County, Georgia, all as more particularly (Continuation of April 16, 1979 Meeting) described in plat of survey prepared by Trenholm Baker, R.L.S., dated September 22, 1978, for Louis S. Belinfante, et aI, recorded in Plat Book 72, Page 28, Cobb County, Georgia Records; less and except. All that tract or parcel of land lying and being in Land Lots 601 and 602, of the 17th District, 2nd Section of Cobb County, Georgia, being .70 acres, more particularly described in plat or survey prepared by Trenholm Baker, P.A. dated November 29, 1978, for Seymour O. Solodar and Patricia O. Solodar, recorded in Deed Book 1960, Page 382, Cobb County Records, and being a part of the property recorded in Plat Book 78, Page 28, Cobb County Records, to which pJats reference is made for a more complete description. All that tract or parcel of land lying and being in Land Lots 601 and 602 of the 17th District, 2nd Section, Cobb County, Georgia, and being more parti- cularly described as follows: Beginning at an iron pin located 815 feet from the intersection of the easterly side of South Cobb Drive and the northerly side of Ridge Road, thence running north 53 degrees 57 minutes west 174.04 feet to an iron pin; thence running south 37 degrees 10 minutes west 162.62 feet to an iron pin; thence running north 54 degrees 27 minutes west 131.26 feet to an iron pin; thence running north 00 degrees 58 minutes east 143.52 feet to an iron pin; thece running north 01 degrees 29 minutes east 982.15 feet to an iron pin; thence running south 89 degrees 26 minutes east 998.60 feet to an iron pin; thence running south 09 degrees 56 minutes west 209.56 feet to an iron pin; thence running southerly along a 225 foot radius 127.42 feet; thence south 45 degrees 39 minutes east 43.00 feet to an iron pin; thence along the northerly side of Ridge Road 50.09 feet to an iron pin; thence north 45 degrees 39 minutes west 40.25 feet; thence along a 175 foot radius 158.65 feet; thence south 82 degrees 25 minutes west 49.00 feet to an iron pin; thence south 17 degrees 35 east 113.59 feet to an iron pin; thence south 56 degrees 42 minutes west 150.62 feet to an iron pin; thence south 47 degrees 45 minutes west 201.34 feet to an iron pin; thence south 48 degrees 21 minutes 253.95 feet to an iron pi.n; thence south 37 degrees 09 minutes east 333.37 feet to an iron pin; thence south 52 degrees 52 minutes east 174.95 feet to an iron pin; thence south 37 degrees 13 minutes west 48.42 feet to an iron pin 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/LOUIS S. BELINFANTE, PAUL STEVEN CUTLER, NEAL R. LITTMAN" Jerry Mills made a motion the signatures and annexation request be validated, and the date for public hearing be set for May 7, 1979. Jack Shinall seconded the motion which carried by a 7-0 vote. Committee Reports - Jim Tolleson requested a meeting with the Public Works Committee to find away to secure funds, and actually set dates for riprapping of Poplar Creek near Highland Drive. He stated the City needed to make a concerted effort to correct this problem and alleviate the flooding in that area. The recent hard rains had flooded several homes on Highland Drive. Jim Tolleson reminded everyone of the King Springs Park dedication this Sunday at 2:00 p.m. (Finance) Bill Darby stated the flooding last week had caused a lot of problems and it would take a lot more money than is in the budget to handle them. He asked everyone to carefully examine their priorities before requesting additional funds. (Streets) Jerry 1'.Iills reported that an estimated $20,000 worth of damage had been done the City last week from flooding. He requested each councilman to make a of problem areas in their ward and return to him. The Public Works Department wi.ll get to them as quickly as possible, with the amount of money they have to work with. Jerry Mills made a motion Council approve the expenditure of $583.00 for the cost of pipe to be installed on property owned by Gene Hoaster, 4144 Manson Avenue to prevent .further creek erosion and flooding of his home. John Steely seconded the motion. DJ..lring discussion, Mr. Hoaster stated his home was built prior to the adop- (Continuation of April 16, 1979 Meeting) Flood Control Ordinance and that the installation of this pipe would. on, prevent any further flooding. Vote on the motion carried 7-0. (Police) Elbert Coalson expressed his appreciation to all the City employees who worked overtime on Friday following the heavy rain. Mr. Coalson a letter from Smyrna Girls Softball Association requesting a parade permit for ay, May 12, 1979 beginning at 9:00 a.m. at the Smyrna Drive-Inn. The parade route will run south on Atlanta Road to Spring Road. then east on Spring Road to the entrance of Jonquil Park. Mr. Coalson made a motion this permit be granted. Jim Tolleson seconded the motion which carried by a 7-0 vote. Mr. Coalson read a request for a parade permit from Richard Clark for Saturday, April 21. 1979 for the opening of Nickajack/Rhyne Park Girls Softball Association. This parade will begin at 8:45 a.m. at Smyrna Drive-Inn. Chief Little stated plans for the route would be coordinated with the Cobb County Police Department since a portion of their route would be outside the city limits of Smyrna. Hr. Coalson made a motion the permit be granted. John Steely seconded and the motion carried by a 7-0 vote. Elbert Coalson stated that Mrs. Diane Hartley with the Smyrna Jaycettes was present tonight and requested a parade permit for the "Walk for Mankind, Project Concern" walkathon to be held April 28, 1979. Mrs. Hartley explained the Smyrna Jaycettes were sponsoring this walkathon, with the primary sponsor being Majik Markets. The "Walk for Mankind. Project Concern" is a non-profit organization with their main source of funds being money pledged for this 20-mile walk. The route will start at Atkins Pharmacy and their intentions are to use a lot of sidewalks in the Smyrna residential area. with a portion of the route being in the county. Elbert Coalson made a motion the parade permit be granted and asked Mrs. Hartley to coordinate her route with the Police Department. Jack Shinall seconded the motion which carried 7-0. Asa Howard requested that Bank Street be closed, from City Hall to the Police Station on April 28th and 29th, during the Craft Fair in Centennial Park. Jerry Mills made a motion Bank Street be closed these two days. Jim Hawkins seconded and the motion carried by a 7-0 vote. Jim Tolleson stated he felt Jim Hawkins should be congratulated on being the newly elected president of the Wills High SchoolPTA. Mayor Johnson reminded everyone of the Called Meeting for annexation public hearings tomorrow night at 7:30 p.m. Adult softball starts tomorrow night at King Springs Park; there will be a free swim following the pool dedication on Sunday, April 22nd. Next regular council meeting will be May 7, 1979. Meeting adjourned at 8:22 p.m. ************************ April 17, 1979 A Special meeting of Mayor and Council was held at City Hall, Smyrna, Georgia on April 17. 1979. Presiding officer Mayor Frank Johnson caJled the meeting to order at 7:30 o'clock p.m. All Council members were present, except for Jim Tolleson who was out of town on business. Also present was Finance Director Gunter Newsom. Invocation was given by Councilman Jim Hawkins, followed by the pledge to the flag. - The request "We the undersigned, who constitute sixty percent (60%) of the electors resident in the area described below and 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, S ns 69-904 through 69-912 (Georgia Laws, Acts 1966. Pages 409, 410, 411, 412 13; 1971, 399; 1976, Pages 1101. 1012; said property to be annexed being described as follows. to wit: (Continuation of April 17, 1979 Meeting) PARCEL I: All that tract or parcel or land lying and being in Land Lots 412 and 381 of the 17th District. 2nd Section. Cobb County. Georgia and being more particularly described as rollows: BEGINNING at a point on the southwesterly right-or-way or Radcliff Road. said iron pin being 250 feet southeasterly as measured along the southwesterly right...or-way of Radclifr Road from the corner rormed by the or the southwesterly right-or-way of Radcliff Road and the right- or-way of Concord Road; running thence in a southwesterly direction a distance of 228 reet to a point; running thence in a southeasterly direction a distance or 125 reet to a point; running thence in a northeasterly direction a distance of 228 feet to a point on the southwesterly right-or-way or Radclifr Road; thence running in a northwesterly direction along the southwesterly right- or-way or Radclirr Road a distance of 125 reet to a point or BEGINNING. PARCEL 2: All that tract or pal;cel of land lying and being i.n Land Lot 412, 17th District, 2nd Section. Cobb County, Georgia and being more particularly described as rollows: BEGINNING at an iron pin at the intersection or the southwesterly right-or-way or Radcliff Road and the northwesterly right-or-way or Smyrna Hill Drive: running thence south 55 degrees 25 minutes 30 seconds west along the north- westerly right-of-way of Smyrna Hill Drive a distance of 110 reet to an iron pin; running thence north 33 degrees 2I'J minutes 35 seconds west a distance or 140 feet to an iron pi.n; running thence north 55 degrees 24 minutes 30 seconds east a distance or 110 feet to an iron nail on the southwesterly right-or-way of Radcliff Road; running thence south 33 degrees 24 minutes 35 seconds east along the southwesterly right-or-way of Radclirr Road a distance or 140 reet to an iron pin and the point or BEGINNING. WHEREFORE. THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY ~~KE SAID APPLICATION FOR ANNEXATION TO THE CITY OF SMYP~A. Witness the signature of the record title holders of the fee simple title, or his legal representative. of 60% or the land area above described by acreage: s / JOHN DI CKSON. C. LAI'~R DI CKSON" There was no opposition to the annexation. Jerry Mills made a motion this property be annexed into the City or Smyrna and become a part or Ward 7. John Steely seconded the motion which carried by a 6-0 vote. Public Hearing Annexation or Property Located in Land Lots 671 and 672 ror annexation was read as rollows: The request "We the undersigned, who constitute sixty percent (60%) of the electors resident in tI,e area described below and who constitute sixty percent (60%) or the owners or the land area by acreage or the area described below, which is unincorporated and contiguous to the City or Smyrna, hereby apply to have said area annexed into the City or Smyrna under the provisions or the Code or Georgia Annotated, Sections 69-904 through 69-912 (Georgia Laws, Acts 1966, Pages 409. 410. 411. 412, 413; 1971, 399; 1976, Pages 1101, 1012; said property to be annexed being described as Iollows, to wit: All that tract or parcel. or land lying and being in Land Lots 671 and 672 or the 17th District. 2nd Section, Cobb County, Georgia and being more particularly described as follows: BEGINNING at an iron pin located at the southwestern corner or Land Lot 671 (being the corner common to Land Lot 671, 672, 625 and 626, said district. section and county); running thence along the western margin or Land Lot 671 north 0 degrees 2 minutes west a distance of 169.0 feet to an iron pin; running thence along the western margin or Land Lot 671 north 0 degrees 20 minutes 30 seconds west a distance or 490.0 reet to an iron pin; thence north along the west Land Lot line or Land Lot 671. 229.70 reet to a point; thence easterly 803.18 reet to a.point; thence south 40 degrees 30 minutes 194.30 reet to a point; thence south 73 degrees east 78 reet to a point. running thence in a southwesterly dil;ection along the northwestern margin or the right-or-way or Ri.dge Road or the Iollowing courses and distances; southwest 160 Ieet to a point; south 46 0 minutes west a distance of 143.4 reet; thence south 47 degrees 11 45 seconds west a distance OI 165.8 Ieet; south 45 degrees 31 minutes 30 seconds west a distance OI 100.6 Ieet; south 41 degrees 52 minutes 15 seconds west: a distance or 200.3 reet; south 43 degrees 0 minutes west a d:istance or 364.2 feet; south 43 degrees 53 minutes 45 seconds west a distance or 310.9 reet (Continuation of April 17, 1979 Meeting) to an iron pin on the western margin of Land Lot 672; running thence north 0 degrees 5 minutes 45 seconds west along the western margin of Land Lot 672 for a distance of 279.3 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!RAYMOND D. MOON. H. D. PAIR" There was no opposition to the annexation. Bill Darby made a motion the above des- cribed property be annexed into the City of Smyrna, to become a part of Ward 2. Jim Hawkins seconded the motion which carried by a 6-0 vote. Mayor Johnson reminded everyone of the next regular Council meeting on May 7. 1979. Meeting adjourned at 7:45 p.m.