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08-17-1964 Regular Meeting52 (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. 53 (Continuation of August 17, 1964 Meeting) ,On complaint, Mr. W. H. Norseworthy, regarding high water bill J. B. Ables recommended adjustment to average monthly usage pending inspection and report by Water Department. Councilman J. C. Porterfield was requested to secure State Highway Study for requested traffic signal on South Atlanta Street at Creatwood Trail intersection. Also, errection of speed limit signs in Creatwood Subdivision from Ridge Road to South Atlanta Street, Mr. Jack Hester, Chairman of the Smyrna,Jay Cee's Health Clinic Project, addressed the Mayor and Council with reference to plans to construct a building on land to be dedicated by -the City in the area of the Teen Canteen building on Church Street. During discussion Mayor`G. W. Kreeger recommended -and referred this project to Mr. R. H. Wood, Chairman of the Parks Committee to work with Mr. Hester, The Council voted 5 to 1 in favor of the recommendation. R. J. McCurry opposed. Cobb County School Superintendent, Jasper.M. Griffin, referred to Council the urgency of curbs,.gutters, and sidewalks to the new Nash Junior High School on Ward Street, City of . Smyrna. After discussion the Council -agreed to install 5 foot sidewalks from Powder Springs to a point, per plat submitted, estimated cost $2560,00. Mr. Griffin agreed, pending the approval of the School -Board, or others, to install curb and gutters es- timated at $3500.00.—Above action, on motion R'.' J. McCurry second H. Kuhl and voted unanimous. The full Council was in -agreement to hold to -current paving specifications, This_ action resulted' -from request of -local builders and paving contractors -to -waive current paving specifi- cations -by -reason of increased cost- per lineal foot. Council agreed to waive cost of curb and gutter (George Perryman, 561 Concord Road) in lieu -of dedication by warrenty deed, 3" feet of frontage by- 103 lineal feet to the' City of Smyrna The vote was unanimous -on -motion H. Kuhl,, -second J:-C.-Porter- field. Memo: Final action on the above withheld pending re- ceipt, signature, recording,of=warrenty;-and quitclaim deed from City Attorney G. C. Ingram: Councilman J. C. Porterfield excused. On-R. H. Wood's motion second-H.-Kuhl,-Council granted permission for use of Ward and Cobb Parks for the Physical "J Education• Program -,of- the Nash. Junior High School.' It was further agreed that a schedule of activities shall be submitted to the Parks Committee Chairman. The petition of D. R. Guthrie, --to rezone*property came up for hearing. The parcel of land (a single lot with a house thereon) -,located at , the- northeast corner of Old Concord Road and Kennesaw Drive was on motion by H. Kuhl zoned from R-1 to C-1 Commercial with stipulation to establish a buffer as per ordinance. Motioned, seconded R. J. McCurry voted unanimous. Property per current numbering system is known as 545 Kennesaw Drive. The following building permits were.approved upon sub- mission of plats, and subject to check-out by the Building Inspector: Addition of one Bay to the Gulf Oil Station on South Cobb Drive and Brown Circle; a Professional Building located east of 444 Cherokee Road (Dr. R. D. Webber residence.) On motion by R. J. McCurry, the above permits were authorized for issuance. 54 ( Continuation= of --August - 17, -1964- Meeting ) Bids on the following -projects were deferred to 9-3-64. Sewerage Reed Road, Roswell Street and Atlanta to Ward. - Street connector. - ,Revised plat and easment-covering.Sewer Line-in+L L., 345 Glendale Enterprises; Inc;, -was referred to-P. J. Sutton and G. C. Ingram. Revision referred to a tract of land purchased by M. D. Hodges -(Winn -Dixie) in-L:L: 345-erron= iously submitted and recorded as L.L. 347 during May-1960: It was' reported -in Council that -application for -advance funds for preliminary plan preparation for City of Smyrna -- sewer facilities had been approved'(Project No. P-GA-3054.) Housing and Home Finance Agency,-Com:munity Facilities Admin- istration -submitted "Agreement -for Public -Works Plan Prepar- ation', three copies of Contract No. H-302-2393 to be signed, if acceptable by appropriate* City officials-,- and, distributed. Councilman J. B. Ables moved to accept, sign and distribute - contract agreements, on second by C. M. Chapman followed by unanimous vote. Mayor.George W.' Kreeger signed for the City, attested by L. W. Chales, Clerk and dated August 17, 1964. Memo! Telegram from- John-W. Davis approving-$5;000.00) advance was read in Council:-- Minutes reproduced and -distributed covering meetings -of July 1st, 6th, 13th, and 20th, 1964, were adopted as submitted, motion R. J. McCurry second by C. M. Chapman and voted unani- mous. J. B. Ables by reason of absence in-July,_abstained. On, a motion' by• H. Kuhl, Council - agreed to -set September 3, 1964, 7:30 p.m. for hearing the -second zoning petition of Summit Development Co. Discussion -on this zoning $ to 0-2, is called out in minutes of August 3rd and=August-llth, 1964. In discussion and on advice of City Attorney, G. Conley Ingram, the Council voted -and requested -the hearing be -set on date above mentioned. Motion seconded by C. M. Chapman; This action does not bear or affect the parcel of land held in abeyance pending agreement,on restrictive covenants. Federated -Mutual Insurance proposal covering City of Smyrna Workman's Compensation insurance.was read,in Council by R. J. McCurry. The proposal, $6,720.89 annual premium was accepted by Council when it was reported that current carrier (Hanover) could not meet this premium. Motion R.J. McGarry second H. Kuhl voted unanimous. Memo: Check pay- abte,to above was drawn, signed and delivered August 19,'1964 which date was also the -renewal date --of prior coverage. - Demonstration of new sanitary equipment was announced by J. B. Ables during week ending August 22, 1964. Their being no further business Council voted to adjourn. Adjourn- -- 10:00 p.m. Next -meeting September 3,- 1964, 7:30 p:m. 55 (Continuation of August 17, 1964 Meeting) G. W. Kreeger, Ma r L. W. Charlei, City Clerk R. J. M rry, Councilma , Ward #1 - Finance and Admin- istration �_kl'vq t'3a R. H. Cod, Councilman, Ward #3 - Parks & Recreation B. A. Thomas, Councilman, Ward #5 - Water Department C. M. Chapman, Councilman- at - Large J Ables, Councilman, Ward #2 - Sanitation H. Kuhl, Councilman, Ward #4 Police, Fire & Civil Defense AP __"9Y) Pterfld, Councilman ja2rd:.#602- Still.ts & Maintenance