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HomeMy Public PortalAbout19700722CCMeeting1 l3 Savannah Beach, Georgia July 22, 1970 The regular meeting of City Council was called to order at 3:00 P.M. today with Mayor Michael J. Counihan presiding and the following councilmen in attendance: John H. Daniels, Jr., Edward Jung, Robert F. Cary, George Schwarz, James M. Stettler and Edward W. Towns. City Attorney, Bart E. Shea, Police Chief J. W. Price and S. R. Kent, City Marshall were also present. Visitors at the meeting were Mrs. John R. Hunter, Mrs. Eva B. Berry, Mrs. Rose Thompson, Mr. Jack Brady, Mr. James A. Brown and Mr. and Mrs. H. G. Mullens. Mr. James A. Btown appeared before Council on behalf of the owners of the Go -Kart Track property in Fort Screven to request permission from Council to build a family camp ground on the site of the old Go -Kart Track. Mr. Brown stated that he had compiled with all the requirements and had submitted an application for a permit and requested Council to give favorable consideration to this application. Mrs. John R. Hunter, who acted as spokesman for a group of residents from this area in Fort Screven, stated that before Council gave permission for this campsite that due consideration should be given to their petition protesting same. Mayor Counihan stated that since several petitions, some for and some against the proposal, had been received by Council, he thought it only fair that all these petitions be read; whereupon he requested the Clerk to read the various petitions. A lenthty discussion followed. Mr. Brown, in answer to a question from Council stated that the activities of the campground would be confined wholly within the walled area. Mrs. Hunter, Mrs. Berry and Mrs. Rose Thompson spoke against granting permission to convert the area to a campsite bringing out the fact that the influx of the additional tourist would further burden our sewage disposal. The matter was then referred to Mr. Shea for his study and opinion. Afthr his investigation of the zoning status of Lots 7 through 13, Block 25, and Lots 1 through 22, Block 31, which is the area of the proposed site of the campground, Mr. Shea stated that this area was designated on the map of Fort Screven as Block "B" and was zoned for one family residences and apartment buildings not exceeding two residential units each and that drug stores were also permitted. aAn amendment to this zoning ordinance adopted on September 13, 1949 further restricts the area for buildings to be used for dance halls, night clubs, theaters, package shops, roller coasters, merry -go- rounds, bath houses or other amusement rides, shooting galleries, fraternity houses and private, social or fraternal clubs, attorney Shea stated. 14 Mr. Shea said that the Minutes revealed that at a meeting of Council on May 11, 1960, a motion was passed to de -zone the area in question to permit the operation of commercial activities except alcholic beverages but that an amendment to the ordinance would be necessary to change the zoning and a motion would not suffice. He, therefore, ruled that at the present time no commercial activity could be allowed in this area, unless it was re -zoned by an amendment to the zoning ordinance. Upon hearing the report of the findings of the City Attorney, Councilman Schwarz moved that the application to erect this campsite be rejected. The motion was seconded and unanimously carried. Mr. Jack Brady, in further support of his application to Council for permission to build a multi -unit apartment complex on his property in the Sixth Street area, stated that it was his plan now to be the builder only and that he contemplated turning it over to a non - profit or charitable organization to operate. Bills for the various departments were approved for payment. Mayor Counihan stated that for the benefit of Council, especially the two new members, since our anticipated expenditures for the remainder of the fiscal year were extremely high, he would like for all departments to watch their finances carefully and con- serve wherever. possible. He then asked the Clerk for a report on these anticipated expenditures. The report, as read by the Clerk, revealed that our expected income from all sorces for the remainder of the year would be approximately $110,000.00; whereas, our expected expenses totalled approximately $130,000.00. The Mayor stated that these figures prompted him to urge all chairmen to economize wherever possible for the remainder of this year. City Attorney Shea asked for the permission of Council to make an offer of $7580.00 to the two property owners of the land we proposeato buy for the new sewage treatment plant. He stated that this offer was based on an average of the present assessment plus the approved value, less the estimated cost of the access streets. Councilman Daniels moved that Council authorize the City Attorney to make this offer totalling $7580.00 to the two property owners involved. The motion was seconded and unanimously carried. Councilman Daniels informed Council that he had received a proposal from the Savannah - Chatham Humane Society in which they offer to send their truck and equipment to the beach as • often as we would like for $25.00 per trip. He then moved that, in lieu of our present policy of paying our police officers $5.00 a piece for picking up stray dogs, that we enter into a contract with the Humane Society and accept their proposal to take care 1 1 1 1 1 1 15 of the stray dog situation. The motion was seconded and unanimously carried. Mayor Counihan stated that, if agreeable to Council, he would like to request the City Attorney to draw a petition for the next session of the General Assembly to annex all the land comprising Tybee Island, being the same boundaries as was proposed in the recent election. Councilman Daniels moved that the City Attorney be instructed to prepare the necessary Resolution, using the same boundary descriptions as was used in the Referendum election and have it ready for presentation to the local members of the General Assembly immediately following the coming election. The motion was seconded and unanimously carried. Mayor Counihan asked for authorization from Council to set up a committee to review all yellow lines in the City with the view of erasing some of them. There were no objections from Council and the Mayor appointed Councilman Jung, dhairman with Councilmen Schwarz and Daniels to this committee. Mayor Counihan told Council that for the past several years since fire had destroyed most of the improvements on the property along the Strand between 15th and 16th Street known as the Tybrisa property, this land had become an eye sore and a sorce of numerous complaints from visitors to the beach, our residents and business people. He stated further that the City had been working closely with the owners with the vehw of cleaning it up and that some improvements had been made but still more were needed. He also informed Council that several previous administrations had been negotiating with Mrs. Mullens endeavoring to purchase this valuable property in the heart of our business district, but that the asking price of approximately $350,000.00 was pro- hibitive. He said that now it had become almost a necessity to acquire at least enough of the land to join our two main parking areas in order to relieve the traffic congestion. He further informed Council that he was now happy to announce that an agreement had been reached with Mrs. Mullens in which all of this property could be obtained from Tybrisa Company at a price he felt the City could handle. He then asked City Clerk, Edward Patterson, to outline the proposition that had been agreed to by Mrs. Mullens. The purchase plan, as outlined by the Clerk, was as follows: Purchase Price $200,000.00, with $25,000 down and 20 years to pay at simple interest of 5 %. All the members of Council were unanimously in favor of purchasing the property on these terms and the following Resolution was offered for adoption by Council- man Daniels, who moved that it be adopted at this meeting. The motion was seconded by Councilman Cary and unanimously adopted. A RESOLUTION 16 BE IT RESOLVED by the Mayor and Councilmen of the City of Savannah Beach, Tybee Island, Georgia, in Council duly assembled, IT IS HEREBY RESOLVED as follows: WHEREAS, iybrisa Company has offered to sell to the Municipality certain properties owned by it generally located between the seawall on the East and Butler Avenue on the West, 16th Street on the South, and 15th Street on the North at Savannah Beach, Tybee Island, Georgia; and WHEREAS, the Municipality feels that it would be for the best interest of all of the citizens and taxpayers of Savannah Beach, Tybee Island, Georgia, as well as the many thousands of visitors who annually come to Savannah Beach, Tybee Island,•Georgia, for the Municipality to purchase said property; and WHEREAS, Tybrisa Company and the Muncpality have orally agreed to the terms and conditions of such purchase and desire by this Resolution to set forth the terms and specifications to be incorporated within a Sales Contract to be executed by the Mayor and Councilmen of the Municipality and the corporate officer or officers of Tybrisa Company; NOW THEREFORE, BE IT RESOLVED, and it is hereby resolved by the authority of same, as follows: 1. The City of Savannah Beach, Tybee Island, Georgia through its duly elected Mayor and Councilmen shall purchase the property owned by Tybrisa Company and generally consisting of that property being: Said property known as Lots 7, 8, 9, 10, 11, 12, 13, of Beach Lot 91; Lots 14, 15, 16, 20, 21, 22, 23, 24, 25, and 26 of Beach Lot. 92; a 30 -foot roadway between beach lots, 92 and 93; Lots 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, and 39 of Beach Lot 93; the eastern portion of Lot 17, all of Lots 18, 19 and 20 of Beach Lot 94; a 15 -foot portion lying north of Lot 38 and South of a portion of Lot 17, Lots 18, 19, and 20 of Beach Lot 94; Lots 34, 35, 36, 37, and 38 of Beach Lot 95; Lots 52„ 53, 54, and 55 of Beach Lot 96; together with unnumbered lots being eastern extensions lying between the eastern boundary lines of Beach sots 91, 92, 93, 94, 95, and 96 and a point 13.7 feet west of the existing concrete seawall on the northern portions of such property and a point 16.3 feet west of the existing concrete seawall on the southern portions of such property, and a point 32.7 feet west of the existing concrete seawall of the middle 129 feet of such property; all of which shall appear on a map of 1 survey made by C. P. Kehoe, Jr., C. E. dated October 20, 1959, and recorded in Plat Record Book , page in the Clerk's Office of the Superior Court of Chatham County, Georgia. 2. That the provisions of such Sales Contract shall incorporate the following: (a) The purchase price for said property shall be Two Hundred Thousand ($200,000.00) Dollars. (b) The Municipality shall pay Twenty -Five Thousand ($25,000.00) Dollars cash at time of closing, with a balance of One Hundred Seventy -Five Thousand ($175,000.00) Dollars to be represented by a Deed to Secure Debt and to be repaid over a twenty (20) year period in equal annual installments of Eight Thousand Seven Hundred Fifty ($8,750.00) Dollars each together with simple interest at six per cent (6%) annually on the unpaid principal balance. (c) The Municipality shall have the right to prepay the remaining unpaid principal balance at any time in whole or in part, and interest shall abate pro -rata. (d) State and County taxes and insurance shall be pro -rated as of the date of closing. City of Savannah Beach, Tybee Island, taxes shall be pro -rated as of May 1, 1970. (e) Said sale shall include the improvements knows as the "Brass Rail" and "Mary Butler's Restaurant ", but shall not include any furniture or furnishings within Maid buildings, but shall include any personal property on the premises. (f) Purchase shall be consummated within ninety (90) days of the execution of the Sales Contract between the parties. (g) That the Agent for the sale and purchase of said property shall be Edward M. Patterson, real estate broker. 3. That the City Attorney is hereby authorized to prepare for execution by the Mayor and. Councilmen as Purchaser and by Tybrisa Company and /or its proper corporate officers as Sealer, a written Sales Contract and by this Resolution gives the Mayor and Councin the power and authority to execute same on behalf of the Municipality as a binding written Sales Contract. BE IF FURTHER RESOLVED that the original of this Resolution be spread upon the minutes of Council and that a copy of same be attached to any Sales Contract entered into by the Municipality and Tybrisa Company for the puruchase of said property. This 29th day of July, 1970. ATTEST: E. M. PATTERSON CLERK OF COUNCIL EAL) JOHN H. DANIELS, JR. COUNCILMAN ROBERT F. CARY COUNCILMAN. EDWARD W. TOWNS COUNCILMAN CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA BY: M. J. COUNIHAN MAYOR EDWARD JUNG COUNCILMAN GEORGE SCHWARZ COUNCILMAN JAMES M. STETTLER COUNCILMAN Councilman Cary stated that with the increased pressure being put on the City by Mr. Rock Howard and the State Water Quality Control Board on pollution abatement, now that the new Council has been formed, he would like to get his Water Committee together some time in the near future with the view of formulating a recommenda- tion to Council of a sewage charge which should be put on soon. Councilman Ed Towns stated that several of the nuns from the Fort Screven Convent came to see him a few days ago and were very much disturbed due to the fact that they cannot get over the rocks near the serwall to get on the beach. He asked that the DPW be requested to erect some steps with a hand rail over these rocks. Mr. Towns said he would donate the material needed. Councilman Schwarz stated that he would contact Mr. Reed this afternoon and try to have the steps up by the week -end. City Attorney Shea read a letter that he had written to Thialand, Ito. regarding the termination of the temporary lease agreement for the campsite in which he states that due to the fact that the Department of Interior has not agreed that said property may be leased to Thialand, Inc. by the Cityaof Savannah Beach that such lease is to end immediately and requested said Thialand, 1 1 Inc. to vacate this immediately. Attorney Shea also informed Council that he had notified Mr. Embrey that if the necessary repairs agreed to were not performed within 30 days, the lease would be terminated. The study of the proposed new zoning ordinance was discussed by Council. It was felt that since three or four meetings would be required to complete the review of the Ordinance, we should begineas soon as possible. It was decided to scbadule these meetings for August 5th, 12th and 17th at 7:00 P. M. Councilman Schwarz recommedded that a letter of thanks be written to Col. Bill Kelly for his work with the Planning Commission during his term of office as a member. The Clerk was instructed to write this letter to Col. Kelly. There being no further business, the meeting was adjourned to the next regular or special called meeting. CLERK OF COUNCIL 1 19 20 1 1 1 1 1 STATE OF GEORGIA ) COUNTY OF CHATHAM ) A RESOLUTION BE IT RESOLVED by the Mayor and Councilmen of the City of Savannah Beach, Tybee Island, Georgia, in Council duly assembled, IT IS HEREBY RESOLVED as follows: WHEREAS, Tybrisa Company has offered to sell to the Municipality certain properties owned by it generally located between the seawall on the East and Butler Avenue on the West, 16th Street on the South, and 15th Street on the North at Savannah Beach, Tybee Island, Georgia; and WHEREAS, the Municipality feels that it would be for the best interests of all of the citizens and taxpayers of Savannah Beach, Tybee Island, Georgia, as well as the many thousands of visitors who annually come to Savannah Beach, Tybee Island, Georgia, for the Municipality to purchase said property; and WHEREAS, Tybrisa Company and the Municipality have orally agreed to the terms and conditions of such purchase and desire by this Resolution to set forth the terms and specifications to be incorporated within a Sales Contract to be executed by the Mayor and Councilmen of the Municipality and the corporate officer or officers of Tybrisa Company; NOW THEREFORE, BE IT RESOLVED, and it is hereby resolved by the authority of same, as follows: 1. The City of Savannah Beach, Tybee Island, Georgia through its duly elected Mayor and Councilmen shall purchase the property owned by Tybrisa Company and generally consisting of that property being: Said property known as Lots 7, 8, 9, 10, 11, 12, 13 of Beach Lot 91; Lots 14, 15, 16, 20, 21, 22, 23, 24, 25 and 26 of Beach Lot 92; a 30 -foot roadway between beach lots 92 and 93; Lots 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38 and 39 of Beach Lot 93; the eastern portion of Lot 17, all of Lots 18, 19 and 20 of Beach Lot 94; a 15 -foot portion lying north of Lot 38 and south of a portion of Lot 17, Lots 18, 19 and 20 of Beach Lot 94; Lots 34, 35, 36, 37 and 38 of Beach Lot 95; Lots 52, 53, 54 and 55 of Beach Lot 96; together with unnumbered lots being eastern extensions lying between the eastern boundary lines of Beach Lots 91, 92, 93, 94, 95, and 96 and a point 13.7 feet west of the existing concrete seawall on the northern portions of such property and a point 16.3 feet west of the existing concrete seawall onthe southern portions of such property, and a point 32.7 feet west of the existing concrete seawall of the middle 129 feet Of such property; all of which shall appear on a map of survey made by C.P. Kehoe, Jr., C.E. dated October 20, 1959, and recorded in Plat Record Book , page in the Clerk's Office of the Superior Court of Chatham County, Georgia. 2. That the provisions of such Sales Contract shall incorporate the following: (a) The purchase price for said property shall be Two Hundred Thousand ($200,000.00) Dollars. -2- 1 1 1 1 1 1 (b) The Municipality shall pay Twenty -Five Thousand ($25,000.00) Dollars cash at time of closing, with a balance of One Hundred Seventy -Five Thousand ($175,000.00) Dollars to be represented by a Deed to Secure Debt and to be repaid over a twenty (20) year period in equal annual installments of Eight Thousand Seven Hundred Fifty ($8,750.00) Dollars each together with simple interest at six per cent (6 %) annually on the unpaid principal balance. (c) The Municipality shall have the right to prepay the remaining unpaid principal balance at any time in whole or in part, and interest shall abate pro -rata. (d) State and County taxes and insurance shall be pro -rated as of the date of closing. City of Savannah Beach, Tybee Island, taxes shall be pro -rated as of May 1, 1970. (e) Said sale shall include the - improvements known as the "Brass Rail" and "Mary Butler's Restaurant ", but shall not include any furniture or furnishings within said buildings, but shall include any personal property on the premises. (f) Purchase shall be consummated within ninety (90) days of the execution of the Sales Contract between the parties. (g) That the Agent for the sale and purchase of said property shall be Edward M. Patterson, real estate broker. -3- 3. That the City Attorney is hereby authorized to prepare for execution by the Mayor and Councilmen as Purchaser and by Tybrisa Company and /or its proper corporate officers as Seller, a written Sales Contract and by this Resolution gives the Mayor and Councilmen the power and authority to execute same on behalf of the Municipality as a binding written Sales Contract . BE IT FURTHER RESOLVED that the original of this Resolution be spread upon the minutes of Council and that a copy of same be attached to any Sales Contract entered into by the Municipality and Tybrisa Company for the purchase of said property. This 29th day of July, 1970. E ISLAND, GEORGIA SEAL Clerk of Council Councilman Cou 1 1