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08-11-1964 Special Meeting_ ..51 (Continuation of August 3, 1964 Meeting) Engineer P. J. Sutton reported as follows on other projects: (a) Roswell.St. sewer line cost estimate - Not Complete. (b) Birch St. sewer line cost estimate revision $7,590.00. (c) Atlanta to Ward Street (.proposed paving) $20,000.00 Discussion of item (c) indicated.further study necessary.. Re- ferred to J. C. Porterfield to contact C6unty regarding assistance on grading;`A. J. Sutton to revise and get fixed cost on pro- posed paving project. R. J. McCurry.reported good•aitendance at -Safety Committee meetings by departmentf4heads has resulted in reduction -in number of on-the-job accidents. Council set date for hearing -appeal of E. R. Brooks, Lake Court, from traffic court decision at August 17, 1964, 7:30 p.*A C. M. Chapman reported call from Belmont Hills School Principal, Murphy Batchelor, on condition-_of�foot bridge across branch; item referred to J. C.-Porterfield to follow and report 8-17-64. Council authorized J. E. David, in conjunction with property owner, to take.necessary action to.correct drainage problem -at Mr. W. C. Griggs residence on Campbell Road. Council called out September 14, 1964,.7:30 p.m. as date for first meeting in September, Labor Day falling on 1st Monday. Motion to adjourn, voted unanimous. Meeting.adjourned 10:45 p.m. Next meeting scheduled August 17, 1964, 7:30 p.m. at City Hall. AUGUST 11, 1964_ A special meeting of Mayor and Council was held at City Hall Smyrna, Georgia, pursuant to the charter -on August 11, 1964 at 7:30 p.m. Mayor G. W. Kreeger presided and all members of Council were present. Also present, Mr.- Bennie Auerbach and E. E. Cannon of the Summit Development Company. This special meeting per letter of August 7, 1964 was called by the Mayor for the -purpose of discussing and reconsidering action of August 31, 1964 whereby the rezoning of the following described property was denied on a vote of 4 to 3. All that tract or parcel of land lying and being in the City of Smyrna and L. L. 418_and 447 more --particularly described in the zoning ads as tract_#1 and._tract_#2.and.fronting on -the. South side of Cherokee Road right-of-way 1pbm the Shell -Service Station to the Southeast corner of the intersection of Cherokee Road and Ward Street. Tract #1 was advertised and a hearing date set to rezone 4.50 acres -more or less from R-Residential to C-1 Commercial area (Professional Offices.) Tract#2-was advertised -and hearing date set to rezone 4.75 acres more or less from R-Residential to R-2 Residential (Restricted Apartment Project.4 52 (Continuation of August 11, 1964 Meeting) During the one half hour discussion between Mayor and Council and Mr. Auerbach, it was brought out to consider the best zoning for the property, and further that a 1.5 million dollar -construction loan from the Mutual Benefit'Insurance Company hinged on acceptance of the.revised plat covering the apartment project.,' Council J. B. Ables made,the following motion: We rescind the action of Council dated' -August 3, 1964 which denied on a 4 to 3 vote the rezoning of tract #2 from R-Residential,to R-2 Residential (Apartment -Project Restricted) per the petition of Summit Development Company. And further motioned that (1) this body rezone the pro- perty per plat submitted and referred'to in the minutes and newspaper ads as tract #2 from R-Residential to R=2 Residential (-Apartment Project Restricted) (2)-That a 50' set back shall be established from the South right-of-way of Cherokee Road so the building line. (3) That the above zoning is hereby subject to an agreement signed by the owner restricting the land referred to as tract #1 (420' on South right-of-way of Cherokee.Road to intersection'of Ward) to a professional type'siructure with covenants calling out the usage of said land and structure at the time.a zoning hearing is requested. (4)-That the ruling by the City Attorney per" taining to the Restrictive Covenants shall be binding, and further should an adverse ruling result, then all the above action is hereby null and void. Motion was seconded by R. J. McCurry. A motion by B. A. Thomas to table, lost on a 4 to 3 vote. On the main motion the vote carried 4_to 3. The motion won. Voting for, J. B. Ables, R. J: McCurry; R. H. 'Wood and H. Kuhl. Voting against, B. A. Thomas, C. M. Chapman and J. C. Porterfield. There being no other business, Mayor Kreeger adjourned the meeting at 8:30 p.m. Next meeting scheduled for August 17, 1964, at 7:30 p.m. AUGUST 17, 1964 A regular meeting of Mayor and Council was held at.City Hall and called to order by Mayor George W. Kreeger at 7:30 o'clock p.m., above date. .The Mayor presided with all Council- men present except B. A. Thomas. In the 1st order of business council heard the appeal of Mr. E. R. Brooks relative to his opposition to the court dis- position on traffic violation docketed -July 21, 1964. Council agreed unanimously on the Mayor's recommendation and reversed the charges. Case dismissed. The Council on motion H. Kuhl second J. C. Porterfield, set the hearing date for September 14, 1964, for the rezoning petition of Jere M. Mills, Georgia Land Company, covering a parcel of land referred to in the minutes as the Southwest entrance to Creatwood Subdivision.