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19840802CCMeeting1 1 00031 Tybee Island, Georgia August 2, 1934 The regular meeting of the Tybee Island City Council was held at City Hall on Thursday, August 2, 1984. Mayor Charles J. Hosti presided, welcoming an unusually large audience at 7:30 p.m. Members of City Council present were: Paul Jackson, Jeanne Hutton, S. J. Orsini, David McCutchen and Christopher P. Solomon. The City Attorney, Thomas J. Mahoney, Jr., was also present. Absent was City Councilman John Wylly. The first visitor to speak, at the Mayor's invitation, was Jeff Schroeder, President of the local Chamber of Commerce. The Chamber would like to sponsor a street dance in the South End Parking Lot on Saturday, August 25th. Mr. Jerry Rodgers would be a co- sponsor. Councilperson Chris Solomon spoke in favor of the plan; there were questions from others concerning the time, exact location and the extra services that would be needed, if any. Mr. Schroeder promised to present Council with a written statement of these details. The next speaker was Charlie Masterpoulis, a local merchant, asking for a Resolution naming Second Avenue for T. S. Chu. The proposal met with favorable response from the large audience, and Mayor Hosti promised that the.matter will be taken up under regular business later in the meeting. Mayor Hosti then opened the meeting for a public hearing on a petition for re- zoning by Francis E. Williams, III for property familiarly known as the "old golf course tract" (PIN # 4 -02 -23 -001) 1 1 00032 August 2, 1984 Page Two and consisting of twelve or thirteen acres, more or less, located in Fort Ward. (Blocks 2 through 6, or portions thereof). Mayor Hosti instructed the audience that the meeting will be conducted by the Roberts Rules of Order, and that he expects courtesy so that everyone who wishes to speak can be heard. He explained that this hearing is to consider approval or disapproval of a preliminary plan only - final development plans would go back to Planning Commission and be heard again by the City Council prior to the granting of a building permit. He further stated that the following order of speakers will be in effect: first, the applicant and /or his agent(s), then persons speaking in favor of the project, then all those opposing the project, ending with a summation by a representative of each group. The first to speak for the petitioner was an attorney, Mr. Edward T. Brennan who filed a constitutional objection against the Tybee Island Planning Commission's action of July 2nd, 1984. He then spoke at length in favor of the re- zoning, concluding with the argument that the development of the island is in the best interests of the small businessmen and the city for economic reasons. Mr. Francis E. Williams, III, then spoke, stating that PUD classification was recommended for this property by the Master Plan of 1975 prepared by a previous planning commission and the Metropolitan Planning Commission. He added that he believes this to be the best use of the land because it leaves 70% of the land August 2, 1984 Page Three 00033 in its natural state. He stated his belief that economic pressure will force the development of this property, and that the planning commission's action was based,_in part, on erroneous information that the property might be preserved in its natural state, and also erroneously, that the owners would suffer no financial loss if developed in another manner. John Allgood spoke as an owner of one of the Officers' Row houses, saying that the plan leaves more open space, more access to the beach, and more compatibility to the existing neighborhood than would single family residences developed randomly. Jeff Schroeder spoke, saying that the organization "Friends of Tybee" appeals to the emotions of people but that Tybee is a deprived island; average incomes differ widely; small businesses need development here; and that he believes that condominium dwellers can provide a positive cultural, social, civic and economic influence on the island. Mayor Hosti called the audience to order several times during Mr. Schroeder's speech. Earl Marlin spoke, stating that apartments bring more revenue to the city than do single family homes, and single family homes cost the city more in services. He added that the Friends of Tybee have not been, to his knowledge, previously active in civic affairs on the island, and most have never voted here. He recommended approval of the re- zoning. Bob Duffy, an attorney living on the South end of the island spoke next. He stated his opinion that the issue is light and air. 1 00034 August 2, 1984 Page Four Mr. Duffy further stated that forty years ago a plan was made to develop the property for single family housing which never materialized. He believes that this type of random development results in NO PLAN at all, ignores the owners' constitutional rights and damages the progress of small businesses on the island. Other speakers in favor of the re- zoning were: Mrs. Loree Anderson, Mr. Tom Bradley, III, Burt Barrett, Jr., and Anthony P. Simon. Speakers against re- zoning were then invited to express opinions. The first to do so was Mr. James Kluttz, who is President of the Friends of Tybee and owns the house at #41 Officers' Row. He reminded everyone that the developer repeatedly stated, at the Planning Commission meeting, that the area could be developed for single family residences. He reminded everyone, too, that the real issue is re- zoning for higher density. Jim Sheley spoke next of his concern for water pressure, stating that he is not opposed to development, but he is opposed to tax increases and he believes this project will cause taxes to keep going up, and will increase the burden on those already living here, both because of taxes and because of inadequate services. Mrs. Thelma Peterson stated that she has lived in an R -1 area, at the northern tip of Officers' Row, since 1977 and believes she and other owners are entitled to protection for their single family neighborhood. 1 00035 August 2, 1984 Page Five Julian Toporek, an attorney residing part -time at 31 VanHorne Drive, :spoke asking that the issue be considered on its merits, adding that he does not believe in personal attacks such as some of those made on the organization "Friends of Tybee ", saying that the organization's motives are pure. He praised the new PUD Ordinance, but stated that the developers will probably have to ask for variances, and stressed that the city has no professional planning staff. He reminded the group that the Planning Commission recommended disapproval and ended by saying he hopes to be here ten years from now, but doubts that these developers will be. Tom Eldridge of #31 Officers' Row spoke, saying that he is in favor of single family residences and opposes condominiums. Mrs. Dorothy Kluttz spoke, giving the highlights of a hand- out prepared for the City Council and distributed to each member. Her subject was water supply and fire protection. Other speakers against re- zoning were: John Jarvis, Sister Mary Jude of the Sisters of Mercy, Mrs. Betty McLendon, Paula Sloan, Sally Spadaro, Julie Dobyns (Treasurer of Friends of Tybee and a registered voter), Joe Shields, Mark Harris, Andrew Harris and James Foley. In addition to these, Michael Graham, an attorney living part -time in a small, quaint house that was once one of the Fort's latrines, spoke of his familiarity of coastlines here and in (North Carolina, Virginia and New Jersey. He stated that the Friends of Tybee 1 1 August 2, 1984 Page Six 00036 will outlive this one issue, reminding everyone that the Historic Savannah Foundation began with a few concerned individuals who objected to demolition of historic buildings for such prosaic projects as parking garages, but their organization spearheaded the development of the City of Savannah into a quality tourist attraction and brought many, many dollars into the area's economy. He noted that Charles Fraser, one of Hilton Head's earliest de- velopers, responsible in part for Sea Pines Plantation, has re- cently called for a halt in development and a reassessment of that island's future growth. Mr. Graham said that he has a vision of Tybee in our grandchildren's time - 40 or 50 years from now - and would like to see the unique character of the island enhanced and preserved. Sally D'Arcy said that the access paths to the beach are flooded now as a result of recent rain and questioned how this property, the lowest in the area, can utilize gravity drains to correct problems of standing water; she also questioned whether all 53 lots shown on the old plat can be developed since some of them must extend over the dunes and thus be unbuildable under the State Shore Assistance Act. Sally Spadaro said that she was impressed by the profession- alism of the Planning Commission, by their preparation for the July hearing given the developers, and especially by the questions prepared in advance and asked of the petitioners, adding that she felt that not enough planning had been done by the developers. She added that she felt the City Council should put their faith 1 1 1 August 2, 1984 Page Seven COW' in the work of the Planning Commission. Mr. James Kluttz summarized the position of the opposition. Mr. Francis E. Williams, III summarized the petition of the developers and owners, stating that the requirements of the new PUD Ordinance, passed in July, 1934 can be met by the developers. By unanimous consent the many letters, pro and con, were not read, but were acknowledged for the record, including two petitions and letters from attorneys representing clients who are property owners in the area, from Historic Savannah Foundation, and from the city's own Planning Commission. Opportunity to examine these letters was given to those members of City Council who wished to do so. Mayor Hosti then opened the meeting for business legally presented and stated that the vote on the question of re- zoning would take place later in the meeting. Mrs. Loree Anderson was then asked to come forward and Mayor Hosti presented her with the "Citizen of the Month" award, praising her for her many volunteer tasks, but especially for spearheading the Blood Pressure Checks now available twice a month at City Hall. The minutes of the meeting of July 5th and the meeting of July 20th were accepted as written. Bills for the month of July were approved as follows: Water/ Sewer Department - $4,685.56, Public Works /Sanitation - $6,783.44, Finance /General Government - $921.92, Recreation - $157.16, Fire Department - $208.46 and Police - $1,905.32. 1 1 1 August 2, 1984 Page Eight 00038 A Resolution honoring Mr. T.S. Chu was read. Councilperson Solomon moved its adoption; Councilperson Orsini seconded and the vote was unanimously in favor. Naming Second Avenue "T.S. Chu Avenue" was discussed at length; the audience and the Council all seemed favorable to the plan, but it was tabled for study in case there should be legal or other ramifications presently unknown to the City Council. A Resolution (copy attached) was read. The Resolution accepts a $15,000.00 grant from the State for emergency work on the seawall and for surveys and photographs of the strand requested by the Scientific Task Force studying Beach Erosion. The Resolution passed by unanimous vote. A contract in the amount of $12,163.00 *for dune crossover structures at 6th, 7th and 10th Streets by Councilperson Hutton who stated that this was the low bidder of six bids and moved its acceptance, Councilperson Solomon seconded and the motion passed unanimously. The low bid was by Dan -D Construction, Inc. Mayor Hosti announced the following appointments: To the Board of Housing Appeals: Michael Kelly and Ted Erickson; to the Board of Zoning Appeals: Bob Humphrey and Bob Wheat. Councilperson Hutton moved, and Councilperson Orsini seconded, these nominations and they were accepted unanimously. The terms are 4 -year terms. An ordinance amending the parking decals ordinance was read and Councilperson Hutton moved its acceptance on First Reading; Councilperson Orsini seconded and the vote was four (4) to one (1), with Councilperson Solomon opposing the amendment. The *FUNDED BY A $60,000.00 LEGISLATIVE GRANT. 1 1 1 August 2, 1984 Page Nine 00039 Second Reading is scheduled for the September meeting. The question of re- zoning heard in the public hearing earlier was then brought up and the procedure governing PUD projects was explained by the Mayor. It was stated that no permanent zoning change takes!)place until the project's final plans are approved - the re- zoning is thus provisional and, if the project fails to meet the requirements of the ordinance by providing an acceptable final plan within one year, then the zoning remains Residential -One. Councilperson Solomon requested, and was granted, a five minute recess. When the meeting re- convened Councilperson Hutton reminded the group that a previous re- zoning attempt had been denied largely because the neighbors objected and she therefore re- quested a show of hands from those opposed who actually live within the Fort Screven area. Councilman Solomon asked how many of those with raised hands actually lived in apartments or multi- family housing. There was confusion and no actual count cound be made. Councilperson Solomon questioned Councilperson Hutton's objectivity due to her involvement in the Historic Fort Screven Association and asked if her vote should be allowed. Mayor Hosti stated that he considered the question to be out of order, but referred it to the City Attorney who stated that he does not believe Mrs. Hutton can be constrained from voting. Councilman Solomon offered an apology. 1 00040 August 2, 1984 Page Ten Councilperson Hutton requested the floor. Her request was granted by Mayor Hosti and she spoke from the podium, leaving her Council seat. She explained her involvement with the prepa- ration of materials for the Historic Sites Application for the National Registry, noting that she was at that time (1981) a member of the Historic Fort Screven Neighborhood Association. She reminded Council that she no longer lives in the Fort area, but now resides on Fourteenth Street. She stated that the Fort's historic status has no direct bearing on tonight's hearing since the Fort will remain a Historic District regardless of the zoning decision made by the City Council. She then spoke of her stand on the issue, giving a number of reasons why she is opposed to rezoning. Several members of City Council then questioned Mr. Williams on various points and on the future controls that the State of Georgia and the city will exercise over the project in the develdp- ment of ,the final plans. Councilperson McCutchen moved that the re- zoning to PUD be approved; Councilperson Solomon seconded and the motion passed by a 'rote of three (3) to two (2), with Councilpersons McCutchen, Solomon and Orsini voti:rlg in favor and Councilpersons Hutton and Jackson opposing. The meeting was then adjourned. RK OF COUNCIL 1 1 STATE OF GEORGIA COUNTY OF CHATHAM RESOLUTION WHEREAS, at the regular meeting of the City of Chatham County, Georgia, held on August 2, 1984, a motion,,, seconded that the City of Tybee Island agrees to the terms between the Georgia Department of Natural Resources and authorizing the Mayor to execute said contract on behalf 'd Island and accept the grant provided for in said contract; S15,000.00. and of r4:0; and duly cont;,ct of Ty* Island ItheY.City of-7ybee amount of Island of Chatham t : between the ISland are hereby said contract NOW THEREFORE, BE IT RESOLVED by the City of Ty County, Georgia that the terms and conditions of the cont Georgia Department of Natural Resources and the City of agreed to, that the Mayor is authorized and empowered to and any subsequent amendments thereto on behalf of the Ci Of Tybee Island and the grant provided for in said contract in the amount 1 $I1000.00 is hereby accepted to be used under the terms and conditions 4 said contract. 'Read and unanimously adopted in the regular nee sponsor held on August 2, 1984. ROWENA B. FRIPP Notary Public, Chatham County. Ga. My COmMisSim Expires July 28,1985 CITY OF!: CHATH7 BY: C004•1 the project )'I8LAND C • T. S. CHU DAY WHEREAS, Mr. T. S. Chu has been a good citizen of Tybee Island for more than half a century; and WHEREAS, Mr. Chu has for 51 years contributed to the City's economic health by operating. a fair and honest retail business at Tybee; and WHEREAS, Mr. Chu has served with distinction as a member of the Small Business Advisory Board of the United States Government; and WHEREAS, Mr. Chu has on numerous occasions over the years provided kind guidance and assistance to others seeking to succeed in business at Tybee Island; and WHEREAS, Mr. Chu and the members of his three - generation family have served the people of Tybee in a variety of civic, fraternal, and church organizations, always setting an example of good citizenship; and WHEREAS, Mr. Chu's 80th birthday will be celebrated on August 26, 1984; now THEREFORE, I, Charles J. Hosti, Mayor of the City of Tybee Island, Georgia, and the City Council, do hereby declare and proclaim the day of August 26, 1984, as "T. S. CHU DAY" in the City of Tybee Island, Georgia, and urge all our citizens to join in.showing respect and gratitude to this man of honor and dignity. IN WITNESS WHEREOF, I have hereunto set my hand and seal and caused the Seal of the City of Tybee Island to be affixed. This 2nd day of August, 1984. 00 42