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01-07-2002 Regular MeetingJanuary 7, 2002 The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present. Also present were Interim City Administrator Chris Corey, City Clerk Kellie Barber, City Attorney Scott Cochran and representatives of the press. Invocation was given by Dr. Steven Kimmel of 1" Baptist Church of Smyrna, followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon recognized Mr. Bill Lnenicka, Veterans' Memorial Association President, who discussed the groundbreaking ceremony scheduled for January 12 as well as general information about the progress of the Veterans' Memorial project, including the availability of pavers to veterans of all conflicts. Mr. Lnenicka introduced COL Ron Davis, U.S. Army (retired), who furnished details regarding the planned groundbreaking ceremony. Mayor Bacon recognized Ms. Martha Hendrix who expressed appreciation to Detective Geter and other members of the Smyrna Police Department for the courtesy and professionalism shown to her in connection with a theft complaint last December 7, PUBLIC HEARINGS (A) Privileged License Request for a Retail Pouring (Liquor, Beer and Wine) License for EL Reventon Restaurant, Bar and Grill 3282 South Cobb Drive, new application. Mr. Corey stated that El Reventon Restaurant Bar and Grill has submitted an application for a retail pouring license for liquor, beer and wine with Maria S. Diaz as the registered agent. Mayor Bacon stated that this is a public hearing and asked for public comment. There was none. Council Member Hawkins asked Ms. Diaz if she had ever held a pouring license or had experience in an establishment where alcohol was served and was answered in the negative. Council Member Hawkins asked Ms. Diaz if she had had training in this field, and she answered no. Council Member Hawkins asked if any such training was in progress and was answered that steps were being taken to provide training and that a training program is in place. Council Member Hawkins asked Ms. Diaz if she had read the pertinent ordinance and she responded in the affirmative. Council Member Hawkins pointed out that the City's ordinance may differ from similar ordinances in other jurisdictions. Council Member Hawkins asked Ms. Diaz if she can abide by the ordinance and if she will actually be on the premises and was answered in the affirmative by the owners, Mr. and Mrs. Cardenas. Council Member Hawkins stated that servers will be required to undergo fingerprinting and that a background check on the applicant disclosed no issues that would preclude issuance of a pouring license. Council Member Scoggins asked if live music would be performed on the premises, and Mr. Cardenas advised that a mariachi band may play on Sundays and that there are no plans for dancing. Council Member Hawkins made a motion to approve the retail pouring license for liquor, beer and wine for El Reventon restaurant at 3282 South Cobb Drive with Maria S. Diaz as the registered agent and the motion was seconded by Council Member Scoggins. Motion was approved 7-0. (B) ' Extension of Apartment Moratorium from January 3, 2002 until July 3, 2002. Mr. Corey stated the six-month extension of the apartment moratorium, which the City has had in place for a number of years, is in keeping with the Comprehensive Plan objective of trying to maintain a proper balance of residencies in the City of Smyrna and that the existing apartment moratorium expires on January 3, 2002. Mayor Bacon stated this is a public hearing and asked for public comment. There was none. Council Member Newcomb advised that some years back a study was made by John Moeller and Rich Gordon regarding housing in the City and it was determined that Smyrna's population density was high due to the disproportionately large number of persons living in rental property. Council Member Newcomb cited the results of a recent census to underscore the need for continuing the moratorium. Council Member Newcomb made a motion to approve extension of the apartment moratorium until .July 3, 2002, and the motion was seconded by Council Member Hawkins. Motion was approved 7-0. (C) Privileged License Request — Pawnbroker's License — Titlewave #3 of Georgia, Inc. — 4499 South Cobb Drive, Suite 1 —New Application Mr. Corey stated Titlewave #3 has submitted an application for a pawnbroker's license with Christopher M. Quigley as the registered agent. Mr. Corey advised Mr. Quigley has been given a copy of the Pawnbrokers Ordinance, the Business License Officer has gone over the guidelines with him, and he has indicated that he will follow the City's ordinances if he is granted the license. Mayor Bacon stated this is a public hearing and asked for public comment. Several persons came forward and were sworn in for comment. The city attorney administered the oath to those wishing to speak. January 7, 2002 2 Council Member Lnenicka asked Mr. Quigley to provide the audience with some information concerning the business. Mr. Quigley stated he has eighteen months experience in this business and that he has been in the Atlanta area since August. Mr. Quigley said he has one office in Fulton County and another in Gwinnett County and that his business involves making short-term loans with vehicle titles as collateral. Council Member Lnenicka asked if there were other business locations, and Mr. Quigley replied that an application had been filed for another location in Jonesboro. Council Member Lnenicka asked if the business stored repossessed vehicles at the business sites and Mr. Quigley explained that repossessions were done by another entity and that no vehicles would be kept at the proposed site. Mayor Bacon asked if any other pawn activity would take place at the proposed site and Mr. Quigley answered that only title pawns are made because his places of business are configured like an office rather than like a conventional pawn shop. Mr. Quigley furnished those present with photographs of one of his offices. Mayor Bacon asked about the terms of the loans made using a vehicle with a value of $12,000 as an example. Mr. Quigley advised that loans were based on a percentage of a vehicle's value and that as a matter of policy no loans exceeding $3,000 are made. Mayor Bacon asked what happens in cases of loan default, and Mr. Quigley explained that collection activity would result in cases where borrowers fail to perform on the loan as agreed. Mr. Quigley's attorney explained that under State law pawnbrokers are permitted to charge interest at a particular level and that the rate charged by Titlewave is about half the allowable limit. Mayor Bacon introduced Mary Rose Barnes, a resident of the Oakdale community, who stated that many residents of the affected area have lived there for decades and that there are many new residents coming in. She characterized the area as unique with homes selling in the $300,000 to $2,000,000 range. Ms. Barnes expressed the view that this type of business does not fit the ambience of the area, that it is unlikely that many residents would need the type of service provided by the applicant and that it would be a detriment to property values. Ms. Barnes stated the business is already in operation with a lighted sign and people on the premises thereby violating citizens' rights and "thumbing their noses" at the City's regulations and so does not deserve to be a part of the community or the City. Ms. Barnes stated that the applicant's conduct suggests they believe they are "above the law" and concluded by asking the Council to deny the application. Mayor Bacon asked Ms. Barnes for additional details concerning her allegation of the business presently operating, and she reiterated details of the sign and people on the premises but could not recall what was written on the sign. Mayor Bacon introduced Ashton Luke, a board member of the Fox Chapel Homeowners' Association, who stated her residence is not within the corporate limits of the City but is in close proximity to the affected area. Ms. Luke said that the Oakdale area is a family -oriented community and is not appropriate for a pawn business and that this type of business could be detrimental to property values. She concluded by asking the Council to deny the application. Mayor Bacon introduced Albert Park, 1859 Fox Chapel, who stated that he moved from Atlanta because of various problems he experienced there and believes the presence of a pawn shop could contribute to the creation of the types of conditions he found objectionable in Atlanta. He said he does not want this pawn business near his residence and may leave this area ifthis kind of'business operates there. Mayor Bacon recognized Sara Matamarone (phonetic), treasurer of the Ivy Glen Homeowners' Association (IGHOA) and a resident of that community, who stated that she represents the IGHOA in expressing opposition to the application because of potential negative impact to property values and to the character of the neighborhood and asked Council to deny the application. Councilman Hawkins asked Ms. Matamarone if she passes by the affected area on a regular basis and was answered in the affirmative. Council Member Hawkins asked her if she observed a sign at the subject location advertising the public hearing and was answered in the negative. Mayor Bacon recognized Morgan Parham who expressed opposition to the application. Mr. Parham stated there is no need for that type of business in that area and that the presence of a pawn shop creates an impression of instability that could prevent new business development. He said an internet inquiry disclosed data indicating most clients of pawnbrokers live within a one to two mile radius of the business and presented illustrations of the communities near the proposed business site which he believes shows the lack of need for a pawn business in the area. He concluded by asking the Council to deny the application. Mayor Bacon asked the applicant if the business was already in operation without necessary permits, and the applicant answered no. Mayor Bacon asked the speaker to clarify his identity and he said he was Jimmy Gulley, Chief Operating Officer for Titlewave. Mr. Gulley said that he is a homeowner and that he would definitely feel the same regarding the types of concerns some of the citizens expressed. He said that Titlewave is set up more like a finance company and can operate under the Georgia Industrial Loan Act. Mr. Gulley stated that purchase of a small charter bank in Swainsboro is being considered. Mr. Gulley said that he has encountered licensing issues in Dekalb County and that fifty-two locations are planned for the greater. Atlanta area. Mr. Gulley advised that his business does not take collateral goods but rather aircraft, trailers and automobiles and that lending decisions are based on collateralization and employment. Mr. Gullet stated that existing pawn businesses are a main determining factor for locations for Titlewave offices. Mr. Gulley said that the Georgia pawn statute allows pawnbrokers to charge interest of up to 25% per month or 300% annually but that Titlewave charges about one-third of that amount. Mr. Gulley stated that most pawn customers in the area have annual incomes averaging around $30,000 to $35,000 with some as high as $72,000 annually. Mr. Gulley said that Titlewave #3 is being judged by other pawn businesses that people have seen, and lie said this is understandable. Mr. Gulley stated that when friends ask him if he operates a pawn business he sometimes finds himself hiding from the answer because of misconceptions that exist about this kind of business and invited everyone to come see the office themselves. Mr. Gulley stated he does not charge interest rates as high as those charged by similar January 7, 2002 operations and that during a recent sixty day period he made $290,000 worth of loans. Mr. Gulley attributes the expansion to the manner in which business is conducted. Mr. Gulley acknowledged that there is one neon sign forming the word "open" at the proposed business site -but stated that it has not been switched on and that business is not presently being conducted. Mr. Gulley stated that two employees are at the location processing titles and security lien work and the office has a payroll of about $1,200 per week. Mayor Bacon asked Mr. Gulley if he should not obtain necessary permits before office space is leased, and Mr. Gulley said that his financing arrangements are based on the opening of four offices each month. Mayor Bacon asked if the building lease was not contingent upon successful completion of the licensing process, and Mr. Gulley responded that it is. Mr. Gulley advised he has made obligations for $65,000 in rent over a three year period to the management company that owns the office space and has spent about $30,000 for improvements. Mr. Gulley expressed the view that his offices compare very favorably to those of similar operations and encouraged the council members to observe any of his business locations. Mr. Gulley stated that by the end of February eight offices will be open and that seven will be operating. Mr. Gulley said if he cannot obtain a privileged license, he might be able to get a Georgia Industrial Loan Act (GILA) license and operate as a finance company. Mr. Gulley said such a move might help and if he owned a $300,000 house he would not want to have to look at a nearby title pawn location. Mayor Bacon said some people may have driven by the location and observed people there, and Mr. Gulley explained that he is using that location as a general purpose office. Council Member Lnenicka asked Mr. Gulley about his previous statement that he is COO until January 31 and what will happen after that date. Mr. Gulley explained he is moving forward with another company and that Titlewave will be involved in a "credit card expansion." Mr. Gulley referred to a possible bank acquisition and the fact that his involvement with aircraft and home mortgages will provide a full range of financial services. Council Member Lnenicka asked Mr. Gulley about building permits for the site improvements, and Mr. Gulley explained this is handled by the construction department but he is sure that it was attended to. Council Member Lnenicka asked Mr. Gulley about signs and sign permits, and Mr. Gulley responded that his contract stipulations require the contractor to attend to necessary permits and again stated he is certain that proper arrangements were made. Council Member Lnenicka referred to a communication he recalled seeing about a sign at the subject location without a permit. Mr. Gulley stated he has noticed a breakdown in communication between the city government and ourselves, and cited this as a reason for the hearing being postponed until January 7. Mr. Gulley said he was unfamiliar with the questions regarding the sign but would check into the matter. Council Member Lnenicka asked Mr. Gulley to provide additional details concerning the possibility of operating as a different type of financial entity, and Mr. Gulley said he could obtain a GILA license from the State insurance commissioner. City Attorney Cochran asked Mr. Gulley if the business was organized under pawnshop laws because of the 300% interest rate ceiling, even if the rates actually charged were about one-third of the maximum allowed, and Mr. Gulley responded in the affirmative. City ittomey Cochran asked Mr. Gulley if the GILA provisions limited the maximum allowable interest rate to sixty percent, and Mr. Gulley answered yes but acknowledged that some application fees bridge the gap between rates allowed under pawnshop regulations and those allowed by GILA guidelines. City Attorney Cochran asked Mr. Gulley if the business he planned to operate in the City, regardless of whether or not it was organized under pawnshop guidelines or GILA guidelines, would charge interest rates in the sixty percent range, and Mr. Gulley answered in the affirmative. Mayor Bacon asked if anyone present had additional questions or comments. Mr. Park asked if he had understood correctly that the expected clientele of the business are people with annual salary ranges from $30,000 to $70,000, and Mayor Bacon replied he thought it was something similar to that. Mr. Park asked if this clientele would include people presently experiencing unemployment and other difficulties, and Mr. Gulley explained that not everyone has a favorable credit rating and that the type of business he operates provides an alternative for people who need loans and may not be able to obtain them from more conventional sources and he provided some statistics. Council Member Hawkins asked City Clerk Kellie Barber if advertising and placement of signs at the affected location were required in connection with the privileged license process and Ms. Barber responded that sign placement was required and, because advertising is arranged by the respective departments, she could not confirm that advertising had been done. Council Member Hawkins asked Council Member Lnenicka if advertising had been done in connection with the application and Council Member Lnenicka replied he was unfamiliar with the details. Council Member Hawkins asked the audience if they had seen any pertinent advertising or signs and several persons said no. Council Member Hawkins asked how they had known about the hearing and some responded word of mouth and e-mails. Council Member Lnenicka thanked the applicant and the residents for their testimony and stated he had some concerns about the business license that has been applied for, whether or not it should be organized under pawnshop guidelines or bank statutes, and the pawnshop ordinance. Council Member Lnenicka made a motion to deny the privileged license application, and Council Member Cramer seconded the motion. Council Member Hawkins stated he would oppose the motion because the applicant plans to put the business in an appropriately zoned area and seems to have met most of the general requirements. Council Member Hawkins added that a number of similar establishments already exist in the general area and he does not believe this application can be viewed differently. Council Member Newcomb stated he supports the motion and explained the ordinance specifies that it is a privileged license and not guaranteed and that a public hearing is required to elicit views from the citizenry and that their concerns about potential impact of a proposed business on the affected vicinity should be taken into consideration. January 7, 2002 4 Council Member Hawkins made reference to a zoning matter on Collier Road that was approved about one year ago and stated that, substantial public opposition notwithstanding, the zoning was approved. Council Member Scoggins stated he will support the motion but expressed concerns about the uncertainty regarding placement of an appropriate sign at the subject location before the hearing and whether or not this application was being treated the same as others. Motion was approved 6-I. FORMAL BUSINESS: (A) Ordinance Amendment —Soil Erosion and Sedimentation Control —Article 11, Section 46-33 C (15) Mr. Corey stated that proposal is to amend Ordinance Amendment Article 11, Section 46-3 C (15) and that the amendment would change the stream bank buffer from twenty-five feet to fifty feet with minor earthwork activities by individual property owners not expected to be affected. Council Member Scoggins made a motion to table the ordinance until the January 22, 2002 council meeting. Council Member Cramer seconded the motion. Motion to table was approved 7-0. (B) Appointments to Planning and Zoning Board — Wards 2 & 3 Council Member Newcomb made a motion to re -appoint Andrea Blustein as the Ward 2 representative on the Planning and Zoning Board, and the motion was seconded by Council Member Pritchett. Motion was approved 7-0. Council Member Scoggins made a motion to re -appoint R. J. McCurry as the Ward 3 representative on the Planning and Zoning Board, and the motion was seconded by Council Member Pritchett. Motion was approved 7-0. (C) Water Rate Increase from Cobb County - Marietta Water Authority Mr. Corey stated that Cobb County - Marietta Water Authority has notified all customers of a 2% water rate increase effective January 1, 2002 and that the Authority's rate will increase from .97/1,000 gallons to .99/ 1,000 gal Ions. • Council Member Hawkins stated that a letter from Roy Fowler's office dated December 17 was sent to Mayor Bacon advising that the cost of water will increase from 97 cents per 1,000 gallons to 99 cents per 1,000 gallons effective January 1, 2002 and that the Finance and Administration Committee had determined that this cost should be passed on to the end users in order for the City's water service to continue operating in a solvent state. Council Member Hawkins made a motion to approve passing the water rate increase on to City water customers effective February I, 2002, and the motion was seconded by Council Member Newcomb. Council Member Scoggins stated that water rates continue to increase but the public should know that the City has no alternative to passing the increases along to City water customers. Motion was approved 7-0. COMMERCIAL BUILDING PERMITS: (A) Building 1 — 1850 Freeman Parkway Council Member Wood stated the applicant meets all zoning requirements and made a motion to approve the commercial building permit for Building I at 1850 Freeman Parkway. Council Member Lnenicka seconded the motion. Motion was approved 7-0. (B) Building 2 — 1860 Freeman Parkway Council Member Wood stated the applicant meets all zoning requirements and made a motion to approve the commercial building permit for Building 2 at 1860 Freeman Parkway. Council Member Lnenicka seconded the motion. Motion was approved 7-0. (C) Bruster's Ice Cream- 2420 Cobb Parkway Council Member Pritchett made a motion to approve the commercial building permit for Bruster's Ice Cream at 2420 Cobb Parkway. Council Member Lnenicka seconded the motion. Motion was approved 7- 0. (D) Pizza Hut — 1780 East/West Connector Council Member Lnenicka made a motion to approve the commercial building pernit,for Pizza Hut at 1780 East/West Connector. Council Member Wood seconded the motion. Motion was approved 7-0. (E) UCB, Inc. — 2100 Windy Hill Road ' a. ... .. January 7, 2002 Council Member Scoggins made a motion to approve the commercial building permit for UCB, Inc. at 2100 Windy Hill Road. The motion was seconded by Council Member Wood. Motion was approved 7-0. BID AWARDS: (A) Award of Bid Number 2-009 22 Passenger Shuttle Bus Mr. Corey stated three sealed bids and two alternate bids were received on Wednesday, November 8, 2001 and after evaluating the bids, a visit was made to each of the bidders by Steve Ciaccio, Director of Parks and Recreation, Patty Bacon, Senior Program Coordinator, Mark Brugh, Garage Superintendent, and Jack Millet, Purchasing manager. Mr. Corey stated that the Committee determined that the two lower bidders did not comply with the specifications for the bus and that three items should be added to the bid which were not in the original specifications. Mr. Corey added that the bid was issued to replace the aging shuttle bus that is currently in use for the Senior Citizen Program. Council Member Wood reported the expected cost of the vehicle is $61,912.40 which includes three items added to the original specifications and that funding would be available through the Community Development Block Grant program. Council Member Wood made a motion to approve the award of the bid to Huntleigh Bus Company in the amount of $61,912.40. The motion was seconded by Council Member Lnenicka. Council Member Scoggins asked if the l luntleigh Bus Company was a local vendor and was advised they are located in Forest Park. Motion was approved 7-0. CONSENT AGENDA: (A) Approval of December 17, 2001, Minutes (B) Approval to Use Council Chambers on January 12, 2002 for the Veterans' Memorial Groundbreaking Ceremony in case of inclement weather (C) Approval of Advertising for Charter Amendment — Redistricting Plan of the Seven Wards of the City of Smyrna (D) Approval of Authorization for Filing of Civil Action against Cobb County — Marietta Water Authority and Cobb County regarding Water Service Issues (E)* Approval of Authorization to Surplus a 1992 Model 22-Passenger Champion Bus which is no longer in use *Council Member Wood made a motion to suspend the rules to add an item "E" to the agenda, and the motion was seconded by Council Member Cramer. Motion was approved 7-0. Council Member Wood made a motion to add agenda item E, approval of authorization to surplus a 1992 model Champion 22-pasenger bus which is no longer in use, and Council Member Cramer seconded the motion. Motion was approved 7-0. Council Member Wood made a motion to approve the consent agenda, and the motion was seconded by Council Member Cramer. Motion was approved 7-0. COMMITTEE REPORTS: Council Member Pritchett stated 2001 was a challenge for everyone and she expressed the hope that 2002 will be a better year. She concluded by wishing everyone a Happy New Year. Council Member Newcomb advised lie was glad to see vegetation in place at Linear Park on Spring Road. Council Member Newcomb advised it was ten years ago to the day when he attended his first council meeting as a Council Member and wanted the residents of Ward 2 to know it is a pleasure and an honor to serve them and to know that he takes his responsibility seriously and he enjoys the work he does for the City. Council Member Scoggins expressed his appreciation to the employees of the Public Works Department for their hard work during the holidays, often in inclement weather, and said he would like to commend Public Works Director Scott Stokes for his efforts. Council Member Scoggins concluded by saying he looks forward to serving the citizens in 2002. Council Member Hawkins said he wanted to remind members of the Forest Hills Homeowners Association that their annual meeting will be held next Monday night in the Council chambers. Council Member Hawkins stated that last year had not been a particularly good year for the entire country and that he hopes this year will be better. Council Member Hawkins concluded by expressing his appreciation to the citizens of Ward 4 for their support during the last twenty-four years. Council Member Cramer stated that, like Council Member Newcomb, he has been a Council Member for ten years ,and he has enjoyed the experience and considers his service to the City a pleasure and an honor. Council Member Cramer expressed appreciation to Ron Davis and Bill Lnenicka for attending the meeting and encouraged people to come to the groundbreaking ceremony for the Veterans' Memorial. Council Member Lnenicka said that he hopes this year will be better than the previous year and expressed his gratitude for the fact that his father had come through recent surgery and is doing well. Council January 7, 2002 6, Member Lnenicka recognized Smyrna residents Karen Parham for carrying the Olympic torch during part of its relay and Dr. Eugene Williams who recently received the Distinguished Flying Cross for service during WWII. Council Member Lnenicka stated that he and City Attorney Cochran had reviewed the information they received regarding the privileged license application for Titlewave #3 of Georgia, Inc. and said the application and hearing had been advertised on December 28 and again on January 4. Council Member Lnenicka concluded by wishing everyone a Happy New Year. Council Member Wood expressed the view that 2002 will be a good year for Smyrna and that the City has many good people to work with including citizens and volunteers. Council Member Wood made reference to the commercial building activity already planned this year which lie considers favorable to the community. Council Member Wood concluded by saying he has enjoyed the time he has worked for the City and looks forward to 2002 and beyond. Mayor Bacon stated he would try to arrange for representatives from some of the local schools to be at the January 22nd council meeting for their input. ADJOURNMENT With no further burin he meeting adjourned at 9: I Op.m. 7�11 -6aA ,_ A. MAX BACON, MAYOR KELLIE M. BARBER, CITY CLERK 0 "MELE P ITCHE'I"I', WARD I RON NEWCOMB, WARD 2 7v . BILL SCOGGINS ?CRD 3 1400,JAMES M. HAWKINS, WARD 4 CK CRAMER, WARD 5 WADE S. LNENICKA, WARD 6 Q�L CHARLES PETE OOD, WARD 7 FENNIDINIVA(II Personally appeared before the undersigned attesting officer, duly authorized to administer oaths, Mayor A. Max Bacon, who after being duly sworn, deposes and on oath states the following: (1) I was the presiding officer of a meeting of the Smyrna City Council held on the 22na day of January, 2002. (2) That it is my understanding that 0.C.G.A. §50-14-4(b) provides as follows: When any meeting of an agency is closed to the public pursuant to subsection (a) of this Code section, the chairperson or other person presiding over such meeting shall execute and file with the official minutes of the meeting a notarized affidavit stating under oath that the subject matter of the meeting or the closed portion thereof was devoted to matters within the exceptions provided by law and identifying the specific relevant exception (3) The subject matter of the closed meeting or closed portion of the meeting held on the 22nd of January, 2002, which was closed for the purpose(s) of discussion of legal issues as allowed by O.C.G.A., Title 50, chapter 14, was devoted to matters within those exceptions and as provided by law. (4) This affidavit is being executed for the purpose of complying with the mandate of O.C.G.A. §50-14-4(b) that such an affidavit be executed. This 22"a day of January, 2002. Sworn to and subscribed before me This 22"a day of January. 2002. Mayor/Presiding Officer 1I I I AIMS� r Notary Public, Cobb County, Georgia y Commission Expires July 18, 20Q4 ORDINANCE NO. 020122A AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SMYRNA, GEORGIA, BE AMENDED BY REPEALING A SECTION TO BE NUMBERED SECTION 46- 33 C (15) ENVIRONMENT —MINIMUM RJ�UIREMENTS FOR EROSION AND SEDIMENTATION CONTROL USING BEST MANAGEMENT PRACTICES. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That the Code of Ordinances of the City of Smyrna, Georgia, be amended by repealing a section to be numbered Section 46-33 C (IS) to read as follows: Article II, Section 46-33 c (15) Except as provided in paragraph (16) of this subsection, there is established a 23-feet 50-foot buffer along the banks of all state waters, as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, except where the director determines to allow a variance that is at least as protective of natural resources and the environment, where otherwise allowed by the director pursuant to O.C.G.A. Section 12-2-8, or were a drainage structure or a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications, and are implemented; provided, however, the buffers of at least 23 50 feet established pursuant to part 6 of article 5, chapter 5, of title 12, the "Georgia Water Quality Control Act", shall remain in force unless a variance is granted by the director as provided in this paragraph. The following requirements shall apply to any such buffer: (a) No land disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed state of vegetation until all land disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed. ORDINANCE NO. 020122B AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SMYRNA, GEORGIA, BE AMENDED BY REPEALING A SECTION TO BE NUMBERED SECTION 46- 1-2-3 ENVIRONMENT --NOISES BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That the Code of Ordinances of the City of Smyrna, Georgia, be amended by repealing a section to be numbered Section 46-1-2-3 to read as follows: Sec. 46-1. Noises —Declaration of necessity and purpose. The making, creation or maintenance of excessive, loud noises which are prolonged, unusual and unnatural in their time, place and use affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the city. (b) The necessity in the public interest for the provisions and prohibitions contained in sections 46-2 and 46-3 is declared as a matter of legislative determination and public policy, and it is further declared that such provisions and prohibitions are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the city and its inhabitants. Sec. 46-2. Same —General prohibition. It shall be unlawful for any person to make, continue, or cause to be made or continued any excessive or unusually loud noise or any noise which disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the city. Sec. 46-3. Same —Specific prohibitions and restrictions The following acts, among others, are declared to be loud, disturbing noises in violation of this chapter, but such enumeration shall not be deemed to be exclusive: (1) Horns; signaling devices. The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street or public place in the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unreasonable period of time. The use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up. (2) Radios; phonographs; other machines reproducing sound. The using, operating, or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this subsection. (3) Loudspeakers; amplifiers for advertising. The using, operating or permitting to be played, used, or operated, without a permit from the mayor and council, any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure. (4) Yelling; shouting; hooting, whistling; singing. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office or in any dwelling, hotel or other type of residence or of any persons in the vicinity. (S) Animals; birds. The keeping of any animal or bird which, by causing frequent or long - continued noise, shall disturb the comfort or repose of any persons in the vicinity. (6) Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. (7) Defect in vehicle or loads. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud grating, grinding, rattling or other noise. (8) Building operations, excavating of streets. The erection (including excavation and site development), demolition, alteration or repair of any building in or within 300 feet of any property zoned residential within the city, and the excavation of streets and highways in or within 300 feet of any residential zoning district in the city, other than between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday and between the hours of 9:00 a.m. and 6:00 p.m. Saturday, unless such operations which are carried on in such a manner or in such a location as not to create sound exceeding (60) dB(A), when measured at or beyond the property boundary of the property from which the sound emanates. (9) Near schools, courts, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same are in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institution or which disturbs patients in the hospital; provided, as to schools, hospitals and courts, that conspicuous signs are displayed in the street indicating that the institution is a school, hospital or court street. (10) Drums. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale. (11) Metal rails, pillars and columns; transportation thereof. The transportation of rails, pillars or columns of iron, steel or other material over and along streets and public places upon carts, drays, cars, trucks or in any other manner, so loaded, as to cause noises or as to disturb the peace and quiet of such streets or other public places. (12) Pile drivers, hammers, and other appliances. The operation between the hours of 10:00 p.m. and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud noise. (13) Motorcycles, minibikes, trail bikes and like vehicles. The riding of a motorcycle, motorbike, trail bike or similar two -wheel vehicle after the hour of 9:00 p.m. Further, it shall be unlawful to ride any such vehicle except on public thoroughfares or streets including driveways to and from the streets as well as parking areas.