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19840607CCMeeting00001 e0000 Tybee Island, Georgia June 7, 1984 The Tybee Island City Council held its regular meeting at 7:30 p.m. on Thursday, June 7, 1984 at Tybee Island City Hall. Mayor Charles J. Hosti presided and the following members of Council were present: Paul Jackson, John Wylly, Jeanne Hutton, S. J. Orsini, David McCutchen and C. P. Solomon. City Attorney Thomas J. Mahoney, Jr., was also present. Mayor Hosti welcomed an audience of approximately forty (40) people and invited the members of the audience to speak to the Council if they wished. Only one visitor spoke, concerning an application for a business license to operate a parachute - boat concession on the beach. There was a lengthy discussion, but no action was taken. Mayor Hosti then opened the meeting for business legally presented. The minutes of the meetings of May 3 and May 21 were accepted as written, upon motion of Councilperson Orsini, seconded by Councilperson Solomon and unanimously approved. Bills for the month of May were approved as follows: Recreation - $462.76, General Government - $912.14, Fire Department - $2,321.16, Water /Sewer - $8,304.55, Public Works - $6,361.37,1Sdnitation - $2,615.22 and Police - $3,164.07. Councilperson Hutton questioned bills from Bearings & Industrial Supply in the amount of $2,438.19 believing this should be expensed to Capital Outlay for the Water /Sewer Department instead of Public Works. This will be investigated:and the charge allocated to the correct account. Mayor Hosti informed the group that the city has transmitted a check in the amount of $8,000.00 to the Savannah District Corps of Engineers for a beach profile study requested by the Scientific Task Force working on Tybee's beach erosion. This amount will be reimbursed through a State grant 1 June 7, 1984 Page Two 00002 Mayor Hosti then recognized Mr. Howard Arata in the audience, calling him forward to receive a "Citizen of the Month" award for community service. Committee reports followed and Councilperson Jackson reported that the communications system is now completely installed and working well so that greater efficiency is being achieved by those employees working on outside services. He further reported that all lift stations are being painted. Councilperson Hutton reported that the Public Works /Sanitation Depart- ment is in the process of moving into their new buildings, stating that it has been very hard working mostly from their trucks and that she hopes for greater efficiency when the move is completed. She added that the parks do need attention and she hopes this will be remedied soon. Mayor Hosti stated that the insurance claims from1ast summer's fire are not yet settled and that the expenses connected with the move into the new buildings, and buying equipment for them, have been borne by the city's general funds. It is hoped that an insurance settlement will be forthcoming within a few months, but this is not certain. Councilperson Wylly reported that the annual audit is still going on and will probably be completed next wek. Councilperson Solomon reported that recreation is in full swing. He commented on the ballet presentation on June 1st and asked for citizen parti- cipation in calling to his attention any problems or suggestions they have as to lifeguard protection, adding that this is a great expense to the city. He also asked for public imput as to types of recreation needed. Councilperson McCutchen stated that the First Responder needs to be able to communicate with the. County EMS, and other training materials are 1 1 00003 June 7, 1984 Page Three also needed. He appealed to the citizens to see that the house numbers are in place, and easy to read. Mayor Hosti commented that the First Responder is making many calls, and that this service is one that is really needed here. Councilperson Orsini reported all calls made by the police during the past month and read a letter from the G.B.I. praising the work of the Court Clerk's office. He also praised Mrs. Joan Sasser, the Clerk of Court. Mr. Barney Portman, representing David Thomas, came before Council regarding the renovation of the Southwind Apartments, stating that they have been to the Planning Commission but there seems to be confusion as to who to present the plans to for approval. He added that Mr. Thomas is willing to do whatever is necessary, and especially to build approved -fire protection into the renovation. Councilperson Wylly moved that the renovation be allowed provided fire protection is adequate. Councilperson Hutton suggested the motion be amended to require Fire Inspectors approval of the building permit. Mayor Hosti commented that in future all building permits will be signed by all inspectors and he himself will also sign them. Councilperson Hutton then withdrew her amendment.since the Fire Inspector will have to approve the plans. Councilperson McCutchen seconded the motion and it passed without dissenting vote. The City Attorney then read the suggested amendment to Section 8 -4 -31 of the Code of Ordinances and Councilperson Solomon moved its acceptance. Council- person Hutton offered an amendment which would go back to the exact recommendation of the Tybee Island Planning Commission. There was a lengthy and involved dis- cussion of many factbrs, especially safety, after which Mr. Jeff Dukes, represent- ing the Planning Commission spoke, giving the reasons for the recommendation and noting that MPC also recommended the setbacks as proposed in the original form of the ordinance. 1 1 00004 June 7, 1984 Page Four The vote on the amendment was three (3) to three (3) with Council - persons Hutton, McCutchen and Orsini voting in favor and Councilpersons Solomon, Wylly and Jackson against. Mayor Hosti broke the tie by voting in favor of the amendment and the amendment therefore passed by a final vote of four (4) to three'(3). The amended Section 8 -4 -31 is attached to and becomes a part of these minutes and is further identified as Ordinance # 6-84. Councilperson Solomon moved to reconsider in 30 days and this motion passed; however the Parliamentarian indicated to the Chair that the motion was incomplete as voiced and doe mot, therefore, bind the Council to reconsideration at the July meeting. The Planned Unit Development Ordinance was next considered on First Reading. Councilperson Jackson moved acceptance, Councilperson Solomon seconded and there was an open discussion of its requirements, especially as they pertained to final approval of all. Planning Commission actions by the City Council.. The Ordinance will be returned to the Planning Commission for c1a*ification of this point and then returned to City Council for the Second Reading. The vote was five (5) to zero (0) in favor of this action, with Councilperson Wylly abstaining. The LARP repaving contract and resolution was next considered with Councilperson Orsini moving its approval, Councilperson Hutton seconding. The motion passed unanimously and a copy of the resolution and its accompanying contract is attached to, and becomes a part of, these minutes. The City Attorney then read the North Beach Franchise and Council - person Solomon moved its acceptance. The motion was seconded by Councilperson Jackson and passed by unanimous vote. It was then unanimously accepted again on Second Reading and becomes effective. A copy is attached to, and becomes a 1 1 00005. June 7, 1984 Page Five a part of these minutes. A letter from the City Attorney to Bruce A. Howe, attorney for Fred Griesbach was then read. The letter concerns a claim against the city and a settlement demand for $15,000.00. Councilperson Orsini moved to deny payment; Councilperson Wylly seconded and the motion passed unanimously. Mayor Hosti then read a letter from the Chamber of Commerce re- questing a $1000.00 donation for fireworks for the 4th of July and permission to hold a street dance. Councilperson Orsini requested that each item be voted on separately. Councilperson Orsini then moved that fireworks be allowed at the area of the Public Safety Building; Councilperson Hutton offered an amend- ment that the city donate $1000.00 for this purpose, Councilperson Solomon seconded and the motion was approved unanimously. There was a lengthy discussion of the street dance question with imput from Chamber of Commerce President Jeff Schroeder and others in the audience. Councilperson Solomon moved to permit the dance and Councilperson McCutchen seconded. The discussion continued until Councilperson Wylly called for the question. The vote was as follows: in favor - one (1), Solomon; against - three (3), Wylly, Jackson and McCutchen; abstaining - two (2), Orsini and Hutton. An amendment to the Fire Code was next considered. Councilperson Orsini offered an addition to the amendment and there was quite a bit of discussion concerning the definition of firewalhs. Councilperson McCutchen called for the question and the vote was four (4) in favor and two (2) against - Wylly and Hutton. The amendment offered by Councilperson Orsini then passed by a vote of six (6) to zero (0) on First and Second Reading. A copy of the ordinance is attached to, and becomes a part of, these minutes. 1 1 00006 June 7, 1984 Page Six Councilperson Orsini recognized a new reporter, W. Odum, who covered the Council meeting for the first time. Councilperson Wylly moved to adjourn and the motion was unanimously accepted. All, Al 4 CLERK OF COUNCIL 1 1 1 DOT 508 -C REVISED 4 -72 RESOLUTION COVERING ACQUISITION AND CLEARANCE OF RIGHTS OF WAY WITH CONTROL OF FUTURE ENCROACHMENTS AND REGULATION OF VEHICULAR TRAFFIC ON HIGHWAY CONSTRUCTION PROJECTS GEORGIA, Chatham COUNTY WHEREAS, the Department of Transportation in cooperation with the County of Chatham desires to construct a road between See Attached ,Georgia and See Attached ,Georgia, known as l ixak* Project No. LAU- -$530- -(51) in Chatham County. AND, WHEREAS, the project will extend within the corporate limits of the municipality, town, or city of Tybee Island , Georgia. It is resolved, that we, the Mayor and Members of the Council (or other officer or officers) charged with the management of the finances of said municipality, and the legally authorized agents of such do hereby agree to procure for the Department of Transportation in cooperation with the County of Chatham , in accord with pertinent agreements and regulations, any and all rights of way that may, in the opinion of the Department of Transportation be necessary to the proper construction and maintenance of the above named project and according to survey and plans made by engineers of the Department of Transportation, within the limits of said municipality. And in consideration of the construction of said Highway within the incorporated limits of said municipality, the City of Tybee Island , agrees to remove any existing structures or obstructions as provided in pertinent agreements and to prevent any future encroachments upon the right of way limits of said Highway not covered by permits duly issued by the Department or the City; and furthermore agrees, obligates, and binds itself in accordance with Title 68 Georgia Code that it will not pass any laws, rules, regulations, or ordinances which will penalize, hinder or obstruct the free movement of vehicular traffic on said Highway, including angle parking, nor erect any traffic signals, towers, or lights on the said right of way without written consent of the Department of Transportation. We further agree that upon notice of award of contract on the above numbered project, we will arrange with managers of various utility companies and municipal departments to place underground plants in a satisfactory state of repair except where this phase of work is covered by agreements. The municipality further agrees to assume responsibility for and cooperate with the Utility Owners in the moving, setting back, replacing or lowering of all consumers' service connections including gas lines, telephone lines, electric power lines, water mains and sanitary sewer connections to clear construction by one foot, whether such facilities are publicly or privately owned except where this phase of the work is covered by agreements. It is further agreed that after construction is completed on off - system projects no new or additional utilities facilities will be allowed to encroach on the rights of way for this project except under permit issued by the City in accordance with the Rules and Regulations of the Department. We further agree to protect the Department of Transportation and said County or its agents from any claim or damages whatsoever that might be occasioned through the fulfillment of the foregoing conditions, and to defend all suits that may arise by virtue thereof. This COUNCIL: 1 ' • ... • AI I hereby certify that I am Clerk of the city, town,rr municipality, (e the case may be) of the official acts of the authorities charged with the management of the business of .aid municipality; and the witbiq and foregoing atitutes a true a p rest copy of a resolution passed on the ` ∎ day of ,19 a L , and entered on the minutes of said officers, day of COUNCI.: This the 00007. r 1- .1 PROJECT LAU• C) RTIFLCAT1' OF OWNERSHIP LAU- - 8530- (51) I, C. J. Hosti COUNTY 0000& Chatham , Mayor of. the City of Tybee Island Georgia, do hereby certify that the streets or sections of streets described below and shown in color on the attached sketch are dedicated public streets in the City of Tybee Island Narne of Street , Georgia. From - To Seventh St. US -80 to Jones St. Fifteenth St. US -80 to Chatham St. Post Office Parking Lot Second Ave. 10th St. to 5th St. Twelfth St. Jones Ave. to Venetain St. Lovell Ave. Inlet Ave. to 13th St'. Sixth St.' Jones Ave. to Lewis Ave. Cedarwood Dr. Meddin Dr. to Van Horne Fourteenth St. Chatham St. to 5th Ave. Length 0.11 Mi. 0.34 Mi. 0.03 Mi. 0.47 Mi. 0.19 Mi. 0.35 Mi. 0.33 Mi. 0.30 Mi. 0.16 Mi. 2.28 Miles The City of Tybee Island further agrees to hold the Department of Trans- portation of Georgia harmless from all suits or claims that may arise from the construction or improvement of said streets. This tt-t, day of 19 • ATTESTED I 1 I I I • _ a ® 0''Vr'- :' . `i �• .i� .« : ti S. +' �.r•�r1R h y • I; Ji. •� '' ;.r � .1Y.�. a',r . ✓y• "y ) .il�l• t . '!r+•1 1: 1 oIh + t'�+i '• t 1�,.1t�ra a.1•. •'►1'! PAW,. 1 r vi r iis� L r t •Q.' }:•. '�•'.l; 11IV l J 0 • Y ` jN. VJ :( «Y . M r•''.••••• r .,Y ./ • 9 v E A C MWO d P J• CO � y tir I v 1Re V1 1• : j7 y 0 <i oy .? ; 1 1 1 00010 # /7,41- AN ORDINANCE OF THE CITY OF TYBEE ISLAND, GEORGIA, CODE OF. ORDINANCES, AMENDING SECTION 8 -4 -31 Paragraph (k) - SCHEDULE OF RESIDENTIAL DISTRICT DIMENSIONAL REQUIREMENTS. BE IT ORDAINED, AND IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL IN OPEN MEETING ASSEMBLED, that the Code of Ordinances of the City of Tybee Island, Georgia, be amended by deleting Section 8 -4 -31 Paragraph (k) of the Tybee Island Code of Ordinances in its entirety and inserting ii its stead the following, to be enumerated Section 8 -4 -31 Paragraph (k): Zone One- Family Lot Area R -1 12,000 square feet R -2 4,500 square feet R-"I' 7,000 square feet Mi nimurri Yard Requirements Zone R -1 R -2 R -T Front 20 feet 20 feet 20 feet Two - Fancily Lot Area -0- 6,750 square feet 8,000 square feet Rear 20 feet 10 feet 20 feet Multi- Family Lot Areal -0- -0- Add for each additional unit over two: Efficiency Unit - 1,500 sq ft 1 Bedroom Unit - 2,000 sq ft 2 Bedroom Unit - 2,500 sq ft 3 Bedroom Unit - 3,000 sq ft Each Side3 10 feet 10 feet 10 feet lThe Board of Zoning Appeals shall have the power to increase or decrease the foregoing lot area per apartment unit by twenty (20%) percent upon considering light and air space, character of neighborhood and health and welfare of the tenants. 2Where a rear yard abuts a side yard of an adjacent lot, add one foot to the rear for each one foot above thirty -five (35') feet in height. 3Add one foot to the side yard setback for each one foot above thirty -five (35') feet in'height. BE IT FURTHER ORDAINED TEAT ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT WITH THE ABOVE ARE HEREBY DECLARED TO BE NULL AND VOID AND OF NO EFFECT, AND IT IS ESPECIALLY NOTED THAT THE SECTION ENTITLED Building Line Setback Requirements As Measured from the Street of the Suhivision Regulations of Tybee Island, Georgia, shall be superceded by the above amended ordinance, and shall therefore be declared null and void and of no effect. ADOPTED THIS CLERK OF COUNCIL DAY OF , 1984. 0 AN ORDINANCE OF THE CITY OF TYBEE ISLAND, GEORGIA, CODE OF ORDINANCES, AMENDING SECTION 9 -4 -56, FRANCHISE FEES, AND AMENDING A PORTION OF SECTION 9 -4 -61, GENERAL CONDITIONS (e) -- ARTICLE C -- CONCESSION FRANCHISE. BE IT ORDAINED, AND IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL IN OPEN MEETING ASSEMBLED, that the Code of Ordinances of the City of Tybee Island, Georgia, be amended by deleting Section 9 -4 -56 and Section 9- 4 -61(e) of the Tybee Island Code of Ordinances in their entirety and inserting in their stead the following, to be enumerated Section 9 -4 -56 and 9- 4- 61(e): Sec. 9 -4 -56 Franchise fees. "As an annual Franchise fee, the franchisee shall pay to the franchisor the sum of 15 percent of all gross sales made by the franchisee. This payment shall be broken down into monthly increments which shall be due on the 10th day of each month based upon 15 percent of the gross sales for the pre- ceding month. For example: Should gross sales for the month of March be the sum of $5,000.00, then the fee due the franchisor is 15 percent of $5,000.00 or the sum of $750.00, which sum would be due and payable on the 10th day of the succeeding month, to -wit, April." Sec. 9 -4 -61, General conditions. "(e) Franchisee shall also be responsible for checking on a regular daily basis throughout each day the public showers and restrooms located near his facility, and will report promptly to the Tybee Police any problems or failure of the equipment contained therein or damage observed by franchisee, and franchisee agrees to keep supplies furnished by franchisor at franchise place of business and will place said supplies in said public restroom facilities on an as needed basis." BE IT FURTHER ORDAINED that all Ordinances and parts of Ordinances in conflict with the above are hereby declared to be null and void and of no effect. ADOPTED THIS DAY OF , 1984. Ordinance #1984 -7 Enacted 6/7/84 Proposed Change to Building Code Adopted January 17, 1973 Add as Section 5 -22 the following: Section 5 -22. Fire Walls for Multi -Unit Structures. 00012 (1) The walls that separate units in any building constructed with two (2) or more units, each unit being more than 2,000 square feet in area, or three (3) units or more of any size, that may be sold as individual units shall be firewalls. (2) The term "Fire Wall" shall be described as follows: (a) A wall of noncombustible material having a fire resistive rating of not less than three (3) hours as prescribed in Appendix B of the 1982 Standard Building Code. (b) A wall of sufficient structual stability under fire conditions to allow collapse of construction on either side of the fire wall without the collapse of the fire wall itself. (c) A wall that starts at the foundation and extends continuously thruough all stories to the roof and at least two (2) feet above the roof surface at any point of the roof surface. (d) A wall that extends through exterior walls constructed of and /or covered with combustible materials at least ten (10) inches beyond the surface at any point of the exterior walls. (e) A wall that extends through permanent and /or temporary projections on exterior walls. "An eight (8) inch thick masonry wall will be accepted withoout question as meeting the above requirements in structures up to three (3) stories in height or 40 feet maximum. If any different material, is to be used, approval shall be contingent upon submission by an architect or engineer liaensed.in Georgia that the wall, when constructed with the proposed materials and methods, will comply with the Code requirements stipulated above. Upon completion, and prior to occupancy or sale of the units or property, the owner shall provide further certifi- cation by a licensed architect or engineer that the construction was accomplished in accordance with plans and specifications and does in fact comply with the Code."