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08-03-1992 Regular MeetingAugust 3, 1992 The regular scheduled meeting of Mayor and Council was held August 3, 1992 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 Bob Thomson, City Attorney Charles E. Camp, Communications Director Steve Ciaccio, Library Director Laurel Best, Parks and Recreation Director Sherry Reavis, Police Chief Stan Hook, Community Relations Director Kathie Barton, Public Works Director Vic Broyles, City Engineer Ken Hildebrandt, Fire Chief Larry Williams, Personnel Director Jane Mears, Candis Joiner and representatives of the press. Invocation was given by Reverend Jessie Summey, Pastor of Ponders Baptist Church, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized political candidates Joe Lee Thompson, Commissioner -elect; Laurie Davis, Superior Court Judge; and Harvey Paschal, Commission Chairman. Councilman Newcomb stated Commissioner -elect Thompson had met with him at the Highlands Drive area to discuss a flooding problem in that area. Jack Norton, 2129 Dundee Drive, expressed his appreciation to Councilman Newcomb for the work he has done in Ward 2. PUBLIC HEARINGS: (A) Rezoning Request - 4.67 Acres in Land Lot 271 - Chateau Walk Subdivision - from R-20 to RAD-Conditional (JC) Mr. Bob Thomson stated Mr. Jack Thompson is requesting this rezoning to make the property a part of Chateau Walk subdivision. Mayor Bacon asked if there was anyone present in opposition to this request. There were three gentlemen who came forward and were sworn in by City Attorney Chuck Camp. Mr. Jack Thompson explained he was requesting the 4.7 acres to be rezoned RAD-Conditional to be in the same contrast as what has been developed in the other two phases of the subdivision. He explained the property is currently zoned R-20 and he would like to be able to get the higher yield out of it. Mr. Thompson mentioned the land does have some flood plain areas as shown on the map but the way the street is laid out none of the houses will sit in the flood plain. Councilman Jack Cramer noted that the Corps of Engineers had done a study on this property and they approved the 4.67 acres in the wetlands. Councilman Hawkins asked Mr. Thompson if he had filled in 2.93 acres indicated as being in the flood plain and if this is part of the area requested for rezoning. Mr. Thompson stated this was correct. Councilman Hawkins then asked if the purchaser of such property will be advised that this property has been filled. Mr. Thompson stated this will be done. Councilman Wood asked if this property to be rezoned is contiguous to current RAD zoning and Mr. Thompson responded yes, all of Phase I and Phase II of Chateau Walk is zoned RAD and there is no R-15 in the development. Councilman Cramer stated some residents are concerned about the impact of this rezoning on existing homes in reference to drainage problems. Mr. Thompson stated there should be no impact from the new development. Aucrust 3. 1992 meeting - continued Councilman Hawkins asked Mr. Thompson if the setbacks and building lines shown on the plat presented would be the building lines for the development. Mr. Thompson stated the criteria listed on the request would be in effect. The side yard setback requested is one-half a foot with a minimum of fifteen feet between houses. Mr. Thompson explained the RAD-Conditional zoning will still maintain the fifteen feet between dwellings and in most cases will run from fifteen feet to eighteen feet. He explained this would give the builder a better working area to build the homes on the lots. Mr. Hawkins asked about the fifteen feet minimum request which is penciled in on the plans and asked Mr. Thompson if he will officially accept this minimum as shown on the plans. Mr. Thompson stated he is requesting the zero lot line which will maintain the fifteen feet minimum between the dwellings and will make this part of the zoning request. Mr. Scoggins asked if this variance is granted would the developers have to come back before Council for any additional variances and Mr. Thompson responded he would not have to come back before the Council for additional variances. Councilman Lnenicka asked if Mr. Thompson planned to lay out any houses at the one-half foot distance. Mr. Thompson stated none of the houses have been built at this distance and they hope not to have to place any homes at this one-half foot distance. Mr. Lnenicka questioned the letter in the packet from the Corps of Engineers which states the verification will be valid until the nationwide permit is modified, reissued, or revoked. According to the letter, all the nationwide permits are scheduled to be modified, reissued or revoked prior to January 13, 1992 and the letter is dated January 25, 1991. He asked Mr. Thompson if he knew what happened with the nationwide permits and if their development still met the restrictions of these permits. Mr. Thompson replied that Bob Kendall handled this for Bear Properties and he has everything corrected on the paperwork presented. He stated as far as the nationwide permit, the property does fall into that criteria. Mr. Thompson stated he could verify this with Mr. Kendall and report back to Council but indicated they have not received any notification that they do not still qualify according to this letter. Mayor Bacon then called for those in opposition to come forward. Mr. Jerry Katz, Chateau Lane resident, stated he has no opposition to the rezoning but explained there are some drainage problems that exist in his area that need to be addressed. Mr. Katz asked why the existing problems with drainage in the subdivision are not being solved before they start building new homes. Mayor Bacon asked if the drainage problems are a result of a City easement or a developer's problem. Roy Lamm, Chateau Lane, stated he thought the drainage problems were a result of too many houses on too small lots. He stated he did not know if it was improper drainage or not. He stated his property is up slope from the property Mr. Thompson is asking to be rezoned and that he has already experienced drainage problems and is concerned about the property down slope from this proposed development. Mayor Bacon asked the City Engineer, Ken Hildebrandt, if he was aware of the problem in that area. Ken Hildebrandt responded the drainage problems are due to the land not having a lot of fall to the creek and it is difficult for the water to drain properly, however, Mr. McCravy and Mr. Thompson have done everything the City has asked them to do about correcting the drainage problems. He stated he felt the problems that currently exist are between the home owner and the builder. 3 August 3, 1992 meeting - continued Councilman Hawkins asked Mr. Hildebrandt what he thought would help the problem and Mr. Hildebrandt responded he had suggested it might be necessary to widen the ditch behind the property to increase the flow as the water is coming from the houses toward the rear of the development and not from city streets. Mayor Bacon asked if the property proposed for development would have any effect on the property of those present in opposition to this rezoning. Mr. Katz and Mr. Lamm both responded no. Councilman Cramer stated he would like to meet with the home owners and the builder and work something out on this situation. Mayor Bacon suggested setting up a meeting with our City Engineer, Councilman Cramer, Mr. Thompson, Mr. McCravy and the home owners to be held within two to three weeks. Councilman Newcomb stated he would like to caution Mr. Hildebrandt to be very careful that the run-off from this development will not impact anyone else in the area. Councilman Cramer made a motion to approve the rezoning of the 4.67 acres from R-20 to RAD-Conditional with the stipulation that the City receive verification from the Corps of Engineers that this permit is good and valid. Jim Hawkins seconded the motion. Councilman Lnenicka stated he was in opposition to the motion. He is concerned with the approval to build within a flood plain. Councilman Newcomb made a motion that this request be tabled until the August 17, 1992, Council meeting in order to receive further assurances regarding the water situation. Wade Lnenicka seconded the motion to table this rezoning request until the August 17, 1992, meeting which was approved 4-3. (B) Rezoning Request - 2279 Beech Valley Drive from R-15 to L.C. (RN) Mr. Thomson stated Mr. Edward Klein is the applicant on this property that is on the corner of Beech Valley Drive and Spring Road. The applicant is requesting this rezoning for a day nursery or offices as provided in Sections 709.4 and 709.6 of the Smyrna Code of Ordinances. The recommendation from the Planning and Zoning Commission is that the rezoning at 2279 Beech Valley Drive be denied. It is also noted that the future land use map shows this property to be low density residential. Mayor Bacon recognized Mr. Klein who is representing Mr. Mike Sibley and asked if there was anyone here in opposition. There were several people in opposition and they were asked to come forward to be sworn in by the City Attorney Chuck Camp. Councilman Newcomb then called on Mr. Klein to make his presentation on behalf of Mr. Sibley. Mr. Klein stated Mr. Sibley is the owner of the property and currently lives in Cobb County. The property in question is located on the corner of Spring Road and Beech Valley Drive. Mr. Sibley, a manufacturer's representative, wants to operate his business at this location and to be able to sublet part of it out to someone else. This would not fit a home occupation categorization. He is requesting that this property be rezoned to Limited Commercial. Mr. Klein stated he feels the property is currently in a transition from residential to commercial. The present residential character of this property is not the highest and best use of this property. It is difficult to rent this property as residential. Councilman Newcomb asked about the specific uses requested in this zoning request rather than the limited commercial zoning district category. August 3, 1992 meeting - continued Mr. Newcomb then asked if Mr. Klein was specifically requesting the Office use zoning. Mr. Klein responded that was correct. Mr. Klein stated he had orally asked that the day nursery designation be deleted at the Planning and Zoning Board meeting held three weeks ago. Mr. Newcomb asked Mr. Klein why only one use was being requested instead of the category as a whole. Mr. Newcomb stated there were nineteen zoning districts and has a hundred or so uses in those district categories. Mr. Newcomb then stated he did not feel this council had the discretion to say that one use can be permitted under a zoning district category and that others can not. He then asked Mr. Klein why the request was for one use. Mr. Klein responded it was their intention to inform the council exactly how Mr. Sibley wanted to use the property, and added that three weeks ago the day nursery designation was deleted from the zoning request. Mr. Klein also responded his client wanted to be as compromising as possible understanding that this is a limited commercial zoning and they wanted to make it as non intrusive as possible. He stated they wanted to be up front and tell the council what they planned to do with the property. Mr. Newcomb stated the definition at the beginning of the Zoning Ordinance it states that "within any L.C. district the following uses shall be permitted" which means any of the uses shall be permitted and therefore in granting L.C. district classification for this piece of property, it as his understanding that they are not talking about just an office then they're talking about a barber or beauty shop, business service establishments, including employment agencies, churches, day nurseries, etc. Mr. Klein stated he would be willing to enter into a binding stipulation, if that were possible, on that point. Mr. Newcomb asked Mr. Klein to clarify the point he had made earlier about this area being transitional. Mr. Klein responded that the area had gone from owner/occupied to owner/ rental status. Mr. Klein stated he felt over a period of time the area would become commercial. Mayor Bacon asked Mr. Klein if this property fronts on Beech Valley instead of Spring Road. Mr. Klein responded the house does front on Beech Valley Drive and the side yard fronts on Spring Road. Councilman Hawkins asked about the property in question going from residential to rental property. Mr. Klein responded the house at 2279 Beech Valley Drive is currently rented after being vacant for several months, however, the property has been rented since September of 1991 for a one year period. Mr. Hawkins asked if during this rental period has the house been occupied. Mr. Klein responded that yes it has been occupied by the renter. Councilman Wood asked Mr. Klein how long Mr. Sibley has owned the property. Mr. Klein responded Mr. Sibley had owned the house since 1989. Mr. Wood asked if it had been Mr. Sibley's intent to rent the property or just what was the intent when the property was purchased. Mr. Sibley responded he bought the home to be rental property. August 3, 1992, meeting - continued Councilman Hawkins asked if it would be fair to say that Mr. Sibley has received a reasonable return on -his money during the past twelve months. Mr. Klein responded yes, that while the lease has been enforced he has received a reasonable return on his money. However, the property was vacant for months prior to the rental of the property. Councilman Newcomb asked how much the property rented for'and Mr. Klein responded the rent is $700/month. Councilman Lnenicka asked if Mr. Klein had any additional information to present. Mr. Klein stated he had made his presentation but that he also -has a Certified Real Estate appraiser present who is willing to state that this zoning will not have an adverse impact on the property values surrounding the property. Mayor Bacon then asked those who were present and wanted to speak either in favor or in opposition to this zoning to come forward. Councilman Newcomb stated that he would like to make a comment before those in attendance began to speak. He stated according to Section 402.50 of the zoning ordinance there would have to be four or five parking spaces available for the property if the rezoning request was granted. Mr. Sibley indicated this was no problem as there is ample room for that many parking spaces currently on the property. Mr. Newcomb then asked Mr. Sibley if he would be willing to put up the required ten foot buffer around the property. Mr. Sibley stated there is 100 feet between the houses as well as bushes, trees, a street and a vacant lot between the houses. Mr. Klein stated the home has a 40 foot front yard up to the south end of the house, which is 32 feet. Mr. Newcomb stated there are only 21 feet on the side yard and therefore a side yard setback variance would be required. Mr. Klein then called on Pam Lee, Certified Real Estate appraiser, who was present to speak on behalf of the rezoning. Ms. Lee, a resident of 2239 Arden Way and also owner of 2829 Arden Way, stated she purchased the property seven years ago and has seen major changes in the area. She stated the houses on Spring Road are totally different from the homes on Beech Valley Drive. Ms. Lee stated there have been several traffic accidents in this area and feels the property should be zoned L.C. Ms. Lee also indicated she would soon be requesting that her property be rezoned L.C. Councilman Newcomb stated if the traffic is bad now, he felt the traffic would be made worse by the zoning of the rezoning of this property from residential to commercial. Lewis Godwin, 2255 Beech Valley Drive, stated several home owners had met this past week to discuss the Council meeting and asked Elsie Rape to come forward and state her objections to the rezoning request. Ms. Rape, 2218 Beech Valley Drive, came forward and presented the Council with petitions from residents in the area who are opposed to the rezoning request. Ms. Rape stated Argyle Forest was planned and developed some thirty years ago as a single-family residential neighborhood. She further stated the homes were placed to preserve the topography of the land the trees. Ms. Rape said there are only 3 streets (Beech Valley Drive, Arden Way and Spring Creek Place) in the development and they are all interconnected and have their entrances and exits onto Spring Road. This development only has forty-four homes and are mostly owner occupied. She also stated the neighborhood is not declining and feels the neighborhood should remain residential as it is currently zoned. August 3, 1992, meeting - continued Mr. Godwin then stated he had grown up in the neighborhood and has purchased the home next to his parents home. He stated that although the neighborhood has seen some changes, the changes are not as drastic as the petitioners would like the Council to believe. Mr. Godwin stated he sees nothing in the Zoning Review Standards and the City Code that would support granting this rezoning request. The property is bound on three sides by residential property, on the south by Spring Road and the property has reasonable and economic use as residential property and is currently occupied by renters. Mr. Tom Gore, 2179 Beech Valley Drive, stated he is deeply concerned and disturbed that Mr. Sibley would come in a buy a piece of property and ask that it be rezoned for no other interest than a vested interest. He also stated that the appraiser who spoke earlier has a vested interest because she owns property in the area and is trying to get spot zoning for commercial. He stated he would like the neighborhood to remain intact. I Tom and Mary Jo Pratt of 2195 Beech Valley came forward to voice their opposition to this zoning. They would like to remain in the neighborhood and feel the rezoning would be a mistake. Mr. Pratt stated he was proud of the neighborhood and wants to see it remain as it is. Mrs. Pratt asked the council to deny this rezoning in order to allow the neighborhood to remain an area where families can live and where children can play safely. Ms. Wells, a resident of Beech Valley Drive, stated she felt this spot zoning would force families out of Smyrna and is in opposition to the rezoning. Mr. Gore then stated he was in opposition to this rezoning. Joy Reeves, President of Countryside Place Homeowners Association, came forward and presented the Council with a petition with ninety-seven signatures of home owners at Countryside who oppose this rezoning. Ms. Reeves then stated the association had two major concerns about the proposed rezoning and they are (1) the major traffic congestion problem that currently exists between Countryside and Country Park; and (2) that the zoning may set a precedent for the commercialization of the entire Spring Road area from this location to Atlanta Road. She stated the owners of Countryside Place strongly support the effort to bring in new businesses to Smyrna but do not support going into one neighborhood and rezoning one property. Jim Hanna, Vice President of Country Park Condominiums, stated the rezoning would adversely affect the investment of the home owners of the condominium complex. Andrea Lee, 2839 Arden Way, spoke in favor of the rezoning petition. Ms. Jasmine Pericic, 2209 Beech Valley Drive, has recently moved here from Europe and stated the beauty of the area should be preserved. Mr. Klein then stated his client was not asking for a nuclear reactor to be put on this site, that they were asking the Council to allow a gentlemen who has lived here for sixteen years to put an office here and be able to sublet it. He stated he feels this is an area of transition and is only asking for the least intrusive zoning. He also stated he believes the highest and best use for this property does not lie in residential rental but rather in limited commercial. Mr. Klein then asked the Mayor and Council to vote for the L.C. zoning. Councilman Newcomb stated he wanted entered into the record the following statement. Although I recognize that it is the obligation of this Council to decide the merits of this petition based on the law and the zoning ordinance and land use plan, and so forth, I do wish it to be noted in the record that we have approximately 200 signatures -by my reckoning between Countryside, Country Park and streets including Beech Valley, Arden Way, Spring Creek, some from Dundee, some from Spring Drive and some from Lochlomond, Inverness, Highland and Strathmoor. Mayor Bacon so noted the petitions and these petitions will be made a part of the official minutes of this meeting. August 3, 1992 meeting - continued Councilman Newcomb then made the motion to deny the request to rezone the property at 2279 Beech Valley Drive from R-15 to Limited Commercial (LC) for the following reasons based on Zoning Review Standards and Section 1508 of the Zoning Ordinance of the City of Smyrna. 1. The zoning proposal will permit a use that is not suitable in view of the use and development of adjacent and nearby property which is 100% residential and which surrounds the parcel in question which would make it an island of commercial development in a residential sea. 2. The zoning proposal will adversely affect the existing use or usability of adjacent and nearby property which are homes where families live and children play in keeping with the quality of residential life for which the residential district in the zoning was designed to protect. 3. The property to be affected by the zoning proposal does have a reasonable economic use as currently zoned and that the petitioner has testified that the gross income per year on this property is currently $8,400 and the tax statement as submitted by the petitioner as part of his petition shows a gross value of less than $80,000 on that property which is a one to ten ratio and appears to be quite a good return on an economic investment. 4. The zoning proposal will result in a use which will or could cause an excessive or burdensome use of existing streets and that each of the uses under limited commercial would draw notable, if not significant, amounts of traffic into a dangerous intersection with which even drivers familiar with this intersection have difficulty as testified here tonight, let alone drivers searching for a commercial establish- ment that may not be familiar with the area. 5. The zoning proposal is not in conformity with the policy intent of the land use plan. That land use plan prescribes uses which shall be permitted defined in the ordinance as "always mandatory and never discretionary" thus prohibiting the kind of selective uses which the petitioner proposes. The land use plan and the zoning ordinance prescribes "that it is not the intent of this section under limited commercial to create additional districts of this type" which is clearly the case of the proposed island and this future land plan calls for this area to be low density residential. I further note that the City of Smyrna has adopted a Comprehensive Plan 1991 to the year 2001 as required by the Legislature of this state. This was studied for two years by the Planning and Zoning Board and it was approved after public hearings by the Planning and Zoning Board and it was approved by the Mayor and Council after public hearings; it went to the Atlanta Regional Commission which reviewed it and approved it; it went to the Georgia Department of Community Affairs which approved it; and in that future land use plan it says "protection of established residential communities and the overall quality of life will be key priorities of the City over the coming decade". It also says "protection of neighborhoods from commercial encroachment is seen as a critical key in preserving the quality of life that has drawn people to Smyrna". This is from the plan that was reviewed and adopted by all the agencies and groups that I cited. 6. There are not changing conditions affecting the use of the property in question that gives supporting grounds for its approval as Limited Commercial in that'this property and the adjacent property are all now and have always been residential and have always had Spring Road as a busy thoroughfare which is to say that the area is not "changing" nor is it "transitional". 7. The zoning proposal will be a detriment to the aesthetics of the general neighborhood considering that the planned use in the area is for residential as endorsed in the City of Smyrna's Comprehensive Plan and approved by all the proper agencies. Councilman Lnenicka seconded the motion to deny the rezoning from R-15 to limited commercial. Councilman Hawkins stated it was alluded to by some of the folks that spoke tonight that if you live in an area like Atlanta you can expect it to change but we do not live in Atlanta and we do not want to emulate Atlanta, we don't want to be like Atlanta, we live in Smyrna and I support the motion to deny the rezoning. August 3, 1992, meeting - continued Mayor Bacon asked if there was any other discussion. Councilman Lnenicka stated he also supports the motion to deny the rezoning. He stated the zoning requested does not permit a use that is suitable in view of the use of nearby and adjacent property. He also stated the quality of life would be impacted negatively by the commercial development on this property. Mr. Lnenicka stated he felt that the construction of the East West connector, when constructed, would help alleviate the traffic on Spring Road and Concord Road and will therefore make this neighborhood more livable. The construction of the East West Connector is up to the officials of the County and State. He also stated there were several meetings on the Comprehensive Land Plan and there was never any opposition to the plan as submitted. This proposed rezoning conflicts directly with that plan and for that reason I will not support the rezoning of the property. Mayor Bacon called for a vote on the motion for denial of the rezoning request for the property located at 2279 Beech Valley Drive. The motion to deny the rezoning passed 7-0. Mayor Bacon then called for a brief recess at 9:10 p.m. The meeting resumed at 9:17 p.m. FORMAL BUSINESS: Mayor Bacon then stated Item 4A on the agenda is the bid opening for a 1992 pickup truck for the Community Development Department and asked if there were any bids in the audience. There were none. (A) Bid Opening - 1992 Pickup Truck for Community Development Department Bids were mailed to twelve companies, three bids were received. Bids were opened, read and recorded as follows: Day's Chevrolet for 1 1992 Chevrolet 1/2 ton truck $11,450.10 Hardy Fleet Group for 1 Ford F-150 4 x 2 Pickup $10,273.00 Wade Ford for 1 Ford F-150 Pickup - Short bed $10,485.70 Councilman Newcomb made a motion that the bids be turned over to the Community Development Committee for their recommendation back to full council at the next meeting. Bill Scoggins seconded the motion which carried 7-0. (B) Bid Opening - Water Meters for Utility Services Department Mayor Bacon asked if there were any bids in the audience. There were none. Bids were mailed to four companies, three were received. Bids were opened, read and recorded as follows: Southern Hughes Davis Meter Meter Meter Meter, 3/4" $ 25.28 $ 23.15 $26.65 Meter, 1" 51.95 60.00 64.95 Meter, 1 1/2" Flange 130.00 177.65 158.95 Meter, 1 1/2" Female 130.00 177.65 152.45 Meter, 2" Flange 191.95 282.00 217.75 Meter, 2" Female 195.00 251.85 205.75 Meter, 3" Flange 540.00 419.20 395.00 Meter, 3" Female Not Available Not Available No Bid Meter, 4" 896.00 671.60 658.00 Meter, 6" 1,574.00 1,290.00 1,280.00 Meter, 8" Not Available 2,237.15 5,200.00 Meter, 10" Not Available 3,035.55 9,990.00 Councilman Pete Wood made a motion the bids be turned over to the Finance Committee with a recommendation to be brought back to council at the next meeting. Jim Hawkins seconded the motion which was approved 7-0. August 3, 1992, meeting - continued COMMERCIAL BUILDING PERMITS: There were none. BID AWARDS: (A) Tolleson Park Tennis Court Resurfacing Councilman Jack Cramer made a motion to award the bid to Crawford Construction Company for the resurfacing of the six tennis courts at Tolleson Park for a total cost of $8,398. Jim Hawkins seconded the motion which was approved 7-0. CONSENT AGENDA: (A) Approval of July 20, 1992, Minutes (B) Approval to Request Bids for Van for Public Works Department (C) Approval to Re -bid Ford Pickup Truck for the Parks Department Councilman Pete Wood made a motion that the consent agenda be approved. Motion was seconded by Jim Hawkins. Motion was approved 7-0. COMMITTEE REPORTS: Councilman John Patrick stated the name of the Friends of the Library is being changed to The Library Board. The target date for this new organization will be approximately September 1, 1992. He stated the Board is hoping to have a very active year and urged any and all citizens to join this organization. Mr. Patrick stated he has recommended issuing a citation to residents in recognition of their efforts in maintaining a really superior type of residence and for being a real credit to our community. Library Director Laurel Best stated this is the first anniversary of the grand opening of the Library and Community Center. She also mentioned the August 19 awards celebration for the Summer Reading Program. The event will include a magic show and is being held at the Community Center. Councilman Newcomb stated the Community Development Committee will be meeting on August 10. Councilman Scoggins then called on Fire Chief Larry Williams. Chief Williams paid tribute to Joseph Glen Worsham, one of our firefighters who died of pneumonia on Saturday, August 1, 1992. Councilman Hawkins called on Vic Broyles who gave a report on the current projects of the Public Works Department and the status of the projects. Mr. Hawkins stated there will be a Public Works Committee meeting held on August 11. Mr. Hawkins stated he had received several calls about problems with animal control, especially dogs, and the fact that the Animal Control Officer does not work on the weekends. He then asked Mr. Thomson to look into the possibility of hiring a person to provide weekend coverage for animal control or if this is not possible to check into the possibility of contracting with Cobb County for weekend coverage. Councilman Hawkins then called on Kathie Barton who gave a report on the success of our recycling program. Ms. Barton reported according to our statistics the City has a 75% participation rate in the recycling program. Councilman Cramer called on Parks and Recreation Director Sherry Reavis who reported on the activities either taking place or being scheduled for the Community Center. Councilman Lnenicka asked Communications Director Steve Ciaccio and Police Chief Stan Hook to give a report on their respective departments. August 3, 1992, meeting - continued Councilman Pete Wood stated the Finance and Administration Committee had met on July 29. With no further business, the meeting adjourned at 9:51 p.m. s A. MAX BACON, MAYOR MELINDA DAMERON, CITY CLERK A<G' 't JI&PATRICK, WARD 1 RON NEWCOMB, WARD 2 ,.D3 JAMES M. HAWINS, WARD , AACK CRAMER, I ,.D5 WADE,•D �14"Vvoex CHARLES PETE WOOD, WARD 7 CERTIFIED RETURNS OF SMYRNA, GEORGIA SPECIAL ELECTION HELD TUESDAY, JULY 21, 1992 I hereby certify that the following is a true and correct count of the votes cast in the City of Smyrna Special Election conducted jointly with the Cobb County General Primary Election on July 21, 1992. ( ) YES Shall the Act be approved which provides for a $10,000 homestead exemption from ( ) NO certain City of Smyrna ad valorem taxes for certain residents 62 years of age or older? WARD 1 YES 227 NO 37 WARD 2 YES 261 NO 44 WARD 3 YES 345 NO 48 WARD 4 YES 548 NO 83 WARD 5 YES 602 NO 86 WARD 6 YES 445 NO 77 WARD 7 YES 794 NO 138 TOTAL 3,222 513 Aha � SHARON DUNN COBB COUNTY DIRECTOR OF ELECTIONS MELIND9-T)AVIERON CITY CLERK