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19841206CCMeeting1 1 00079 Tybee Island, Georgia December 6, 1984 The Tybee Island City Council held its regular monthly meeting on Thursday, December 6, 1984. Mayor Charles J. Hosti presided and the following members of Council were present: Paul Jackson, Jeanne Hutton, John Wylly, S. J. Orsini and Chris P. Solomon. David McCutchen was absent and the City Attorney, Mr. Thomas J. Mahoney, Jr. was present. Mayor Hosti welcomed the citizens in the audience, inviting anyone who wished to do so to speak. Mr. Henry Sullivan spoke concerning his water bill, which he feels is in error. Mayor Hosti promised that the question will be taken up during the regular business meeting, because Mr. Sullivan wanted an immediate answer from the entire Council, if possible. The meeting was then opened to public hearings of several zoning peti- tions. The first speaker was Steve McCusker, an attorney representing Mr. William H. Fishback, Mr. -Dwain Ball, Mr. Lester Claxton and his own parents, Mr. & Mrs. J. T. McCusker. He first noted that an error had appeared in the public advertisement for the lot his family owns; he asked for a post- ponement for that reason. Under advisement from the City Attorney, this request was granted. Mr. McCusker then spoke for the other two property- owners seeking re- zoning from R -1 to R -T. He stated that Mr. Ball wants to build a triplex and Mr. Fishback the same. He explained that the lots were subdivided from a three acre parcel, 10 lots in total, with each lot containing more than 12000 square feet. He further stated that there are no restrictive covenants and that, of the four lots currently built on, two have multi- family structures and two have single family residences, according to their respective owners. He then went into some of the history of the land, saying that once there had been a commercial restaurant on the same property. He added that the zoning map shows all other waterfront property on the Oceanside as either Commercial or Residential- Tourist and that the last master plan, completed in 1975 by MPC, recommended PUD for multi- family use. C0080 December 6, 1984 Page Two He concluded by saying that he believes the lots should be zoned in conformity with all the other oceanfront property especially since it is adjacent to a commercial hospital -type facility and that most of the surrounding property is either used for multi - family or vacant; he stated that of the nine Officers' Row houses, four are divided into apartments. He mentioned a constitutional objection, stating that Article I of the State Constitution, and the national Constitution both prohibit depriving an owner of reasonable use of his property. Again, he said that this is not spot zoning, but actually conforms closer to the actual situation than R -1 zoning does. The first speaker in opposition to the proposed amendments was Mrs. Cindy Spencer - she stated that she favors single family, year -round neighbors and is speaking out reluctantly because she believes all in- volved are indeed neighbors, and is convinced that all are indeed fine people. While Mrs. Spencer was speaking there was an interruption by Mr. James Walker who wished to speak concerning the police department; this was ruled out of order by Mayor Hosti, and the speaker was persuaded to leave the auditorium. Mrs. Dottie Kluttz was the next speaker. She stated that the R -1 Zoning Law allows nursing homes and that they are neither a violation of the zoning, nor a detraction to the neighborhood. She said that no one seems to pay attention to the fact that the four units already in the.subdivision:'are unsold and that six units built on the northern end of the. Officers' Row area earlier are also standing empty. She wondered whether there is even a market for this kind of housing. She reminded the. Council of the questions concerning the water supply and that require- ments for firefighting differ for single family residences as compared to condominiums. She further reminded the Council that the Planning Comm - ission is recommending denial. The next speaker was Mr. James Kluttz who said that no new information has been presented here tonight and directed the Council's attention to an article in the Savannah Morning News on September 1st this year con- cerning development on near -by Wilmington Island. The fourth speaker was Mr. John Tatum, attorney for the Rediesal 1 00081 December 6, 1984 Page Three familywspoke next. He passed out plats of the original subdivision and stated that he believes there would be no substantial hardship to the owners of lots five, six and ten to sell them for single family residences. He pointed out that the Rediesal house is not a duplex but a single family residence with a housekeeper's efficiency apartment. Mr. Jim Sheley spoke next, saying he is a resident of Van Horne Speed- way and prefers an R -1 neighborhood; he further stated that the master plan referred to earlier recommended a planned unit development, but certainly did not recommend R -T zoning. Mrs. Sally D'Arcy 's family now lives at the opposite end of Officers' Row (facing Gulick Street). She lives in what she describes as the only one of the townhouses that has been sold and said that it is evident that the units are not selling. She remarked that even Mr. Ball, one of the petitioners, considers his property to be rental property. Steve McCusker, in rebuttal, stated that there are no restrictive covenants on the land and that a subdivision map does not guarantee zoning. He noted that the land in front of the Spencers had been zoned for multi- family development several years before they purchased their house. The public hearings for Oceanview Subdivision lots were closed. Mayor Hosti then invited Mr. Tom Bradley to explain his project, and the history of his efforts to obtain permission to build a duplex atop boat - sheds at Tybee Marina. Mayor Hosti asked if anyone present wished to speak in opposition - no one spoke. A letter from the marina's neighboring property - owners, the Lees, was read. The Lees voiced several concerns and Mr. Bradley said that he believed most of their worry was that the marina would be kept open and the units rented. He stated his intention of closing the marina and selling the units; adding that, if the marina were closed, the Lees would have more, rather than less, privacy. Councilperson Jackson asked if this had not already been approved in a previous Council meeting and the Mayor answered that the concept had been approved, but that the building permit is being held up due to a require - ment of the fire code concerning setbacks. The matter will be discussed in the regular meeting following these public hearings. 1 1 December 6, 1984 Page Four The next matter open to the public for discussion was a text amendment to the procedures insuring public notice of zoning and variance hearings, and amending the section and paragraph having to do with the placement of sign(s) on the property. The wording of both the old section, and the suggested amendment, were read by the City Attorney. Mayor Hosti explained that this is intended to make the signs easier for the city to provide and also easier for the public to recognize and read since they will be printed for the most part and more in conformity with what the adjacent jurisdictions of Chatham County and City of Savannah are using. The meeting was opened for business legally presented. Mr. William H. Fishback, one of the petitioners, arrived late and Mayor Hosti allowed him a short time to speak. He stated that the owners had originally envisioned a single family development but that buyers of some of the lots had already broken the zoning by building two multi - family structures there and the integrity of the subdivision was lost, being now half single family and half multi - family. With the Mayor's permission Mr. Jack McCusker also spoke as an owner, saying that he had not intended to speak but wished the record to show that the multi- family use had already been allowed prior to the Spencers' buying into the. subdivision. Ms. Sheila Knighton spoke saying that many people might have come but felt that it would do no good to speak out and said that she feels she is speaking for many who want the island kept as it is. The first petition considered was Ball /Claxton for re- zoning of lot #6, Oceanview Subdivision from R -1 to R -T. The Council had one question that was answered during discussion: how many houses along Officers' Row currently contain apartments? The answer was that four of the nine houses contain 'rental units. Councilperson Hutton moved to deny the petition; Councilperson Jackson seconded. Councilperson Solomon stated his belief that the zoning in the areas_ialready broken and that the neighborhood has never been a traditional single family one such as Lewis Avenue is. The vote on the motion was as follows: for denial - two (Hutton and Jackson); against denial - three (Orsini, Solomon and Wylly). Councilperson Wylly then offered a motion to approve the petition 1 1 00083 December 6, 1984 Page Five and the second was made by Councilperson Orsini. During discussion Councilperson Hutton reminded the Council that the Master Plan committee will be coming back with recommendations within three weeks and saying that she believes the community would benefit by waiting for the Master Plan, offering a motion to table. This motion was ruled out of order; the vote was taken and the motion (to approve the petition) passed by a vote of three (Wylly, Orsini & Solomon) to=tw (Hutton & Jackson). The zoning change from R -1 to R -T for Lot #6, Oceanvie Subdivision, PIN # 4 -03 -10 -007 was approved. The next petition heard was that of W. H. Fishback for property known as Lots 5 & 10 o Oceanview Subdivision. Councilperson Hutton moved to deny; Councilperson Jackson seconded. A vote was taken as follows, for the motion - two (Hutton & Jackson) and against the motion, three (Orsini, Wylly and Solomon. The motion failed to pass. A motion to grant the petition was made by Council - person Wylly, seconded by Councilperson Orsini and passed by a vote of three ( Wylly, Orsini, Solomon) to two (Jackson, Hutton). The rezoning from R -1 to R -T for Lots #5 & 10, Pin # 4 -03 -10 -006 and - 011 -was therefore approved. The next question was that of the Bradley petition to create a non- conforming use in an NM zone by allowing the construction of a duplex above an existing boatshed. Councilperson Solomon moved that-the City Council grant a variance to Mr. Bradley to allow him to build by the plans presented, i.e., without a firewall. Councilperson Wylly seconded and the vote was unanimously in favor. The text amendment concerning placement of sign(s) on property being considered for variances or rezoning was read by the City Attorney. Councilperson Solomon moved its acceptance on First Reading; Councilperson Orsin seconded and the motion passed unanimously. sue'- 411)r �'� ` otL�.G.�C -d- • A Second Reading followed; the motion was made and seconded as before, and the vote was again unanimously in favor. The amendment therefore was accepted and a copy is attached to, and becomes a part of, these minutes. The next item on the agenda was a question concerning Mr. Paul Webber's building permit. Neither Mr. Webber nor a representative were present so it was decided that he would be notified by letter of the problem of getting approval of bis' plans by the fire inspector. Bills for the month of November were approved as follows: Water /Sewer -- $3,954.48, Public Works /Sanitation - $21,606.58, General Government - $3,531.09, 1 1 00084 December('6, 1984 Page Six Police Department - $3,342.31, Fire Department - $602.38, and Recreation - $1,751.52. During the report of finances for individual departments, Mr. Solomon stated that he has questions concerning one bill in the amount of $648.39 and will talk with accounting concerning it. Mrs. Hutton noted that the largest single expenditure in her department was repair of the crawler and that this had been anticipated. The amount of the repair bill totaled approximately $14,000.00. Councilperson Wylly reminded the Council that a request from the Savannah Bank acting as trustee for the Scheer estate had been turned over to a committee to investigate and return with a recommendation. The request asked that the city consider giving the - estate title to a portion of the old Central of Georgia right -of -way that the Scheers had fenced some years earlier. Mr. Wylly stated that the committee had looked at the land in question and felt that forfeiture of this right -of -way would not be in the city's best interest; he moved to deny the petition. Councilperson Orsini seconded and the vote was unanimously in favor. The Second Reading of an ordinance changing the regular meeting date of the City Council was heard and Councilperson Orsini moved its acceptance. Councilperson Wylly seconded and the motion carried unanimously; the new sche- dule will beginoin January, 1985 and becomes effective with the first meeting of the new calendar year. That meeting will be held on January 10, 1985. A copy of the ordinance is attached to, and becomes a part of, these minutes. The First Reading of an ordinance concerning fifa action for unpaid taxes was read and explained by the City Attorney. Councilperson Orsini moved its adoption, Councilperson Hutton seconded and the vote was unanimously in favor. The 2nd Reading followed and the ordinance was adopted as written. The last item on the agenda was the question of incurring legal fees to defend the City Council from a suit brought by "Friends of Tybee" in pro - test of a zoning decision made by the City Council regarding the parcel of land known as the "old golf course" and located directly east of Officers' Row. Councilperson Solomon moved the expenditure be authorized saying that the integrity of the City Council is worthy of protection; Councilperson Orsini seconded the motion. Councilperson Hutton questioned whether it is necessary to spend the valuable time of the City Attorney and the citizens' tax dollars to protect the City Officials from a suit that, in her opinion, might better serve the people if lost, adding that the developer would then be mandated 1 00085 December 6, 1984 Page Seven to return with plans prior to approval of the PUD as required under the new ordinance. Mayor Hosti stated that if the City Council has to debate whether to defend its right to act then he is not interested in serving as Mayor. City Attorney Mahoney noted that the "Friends of Tybee" have already lost the suit in Superior Court, but that it is planning an appeal to a higher court and to withdraw defense at this stage would be tantamount to admitting error and would open the city to suit by the developer. Councilperson Wylly stated that the developer has orally agreed to abide by all aspects of the new PUD regulations, adding that there is apparently a small group of people on the island who want only trees and shrubbery here, but high tax assessments have made it too costly for °owners to hold on to oceanfront property and keep it undeveloped. He added that the island is already 95% developed and that he is skeptical that a Master Plan will benefit the city. He then stated his intention to abstain from voting because of his profession (real estate broker). Councilperson Hutton said that she does not feel the integrity of the city's officials is in question. The vote was then taken and the motion to approve legal expenditures for defense in the appeal action was passed by a vote of three (Solomon, Orsini, Jackson) to one (Hutton), with Mr. Wylly abstaining. Mayor Hosti stated that the City Council is always reluctant to go against a decision of the Tybee Island Planning Commission, but noted that the governing body has to consider the broader view and told the audience that the decisions made here tonight reflect well- thought -out decisions of their elected officials. It was noted, after discussion, that the Sullivan water bill question will be re- examined by Councilpersons Jackson & Orsini and that the Sullivans will .be.given an answer as soon as possible. There being no further business, the meeting adjourned. RK OF COUNC L 0008s ORDINANCE NO. 1984- NC.-. r Chc�.R'htR.? Cod.. AN ORDINANCE FOR THE CITY OF TYBEE ISLAND, GEORGIA, TO ADOPT THE PROVISIONS OF STATE LAW RELATIVE TO THE TIME, PLACE AND MANNER OF SALE OF PROPERTY FOR TAXES DUE. THE CITY; PURCHASE AND SALE BY MUNICIPALITY; RECITALS AND TAX DEEDS PRIMA FACIA CORRECT; DISTRIBUTION AND.RETENTION OF PROCEEDS OF SALE. BE IT ORDAINED AND IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL IN OPEN MEETING ASSEMBLED that Title 48, Section 5 -359 of the Official Code of Georgia Annotated, dealing with the time, place and manner of sale of property for taxes due the City of Tybee Island, Georgia; purchase and sale by the City of Tybee Island, Georgia; recitals and tax deeds prima facia correct; distribution and retention of proceeds of sale is hereby adopted in its entirety; AND IT IS FURTHER ORDAINED that the Clerk of Council, the City Treasurer, the Police Chief of the City of Tybee Island, Georgia, and the City Marshal of the City of Tybee Island, Georgia, or any combination of them, are hereby designated as duly authorized officers of the municipality for the purposes of holding any and all sales of real and personal property for taxes due the City of Tybee Island, Georgia, and that said sale may be held in the Council Chamber, that being the ususal place of the meeting of the governing authority of this muncipality. ADOPTED this (p day o Attest: k of Council -QC .4101,r_ , 1984 THE CITY OF TYBEE ISLAND, GEORGIA. By: Mayor 1st Reading: 2nd Reading: Enacted: ,2 /a -` -8(1 to -6 -8V ` (1.- 'ST 1 1 Ordinance Number 1184 • e AN ORDINANCE OF THE CITY OF TYBEE ISLAND, GEORGIA, CODE OF ORDINANCES, PROVIDING FOR A REGULAR MEETING DATE FOR THE TYBEE ISLAND CITY COUNCIL AND FOR OTHER PURPOSES. BE IT ORDAINED, AND IT IS HEREBY ORDAINED, BY THE MAYOR AND COUNCIL IN OPEN MEETING ASSEMBLED, THAT SECTION 2 -1 -11. Regular and Special Meetings be deleted in its entirety and the following substituted in its place: Title 1. General Provisions Article B. Meetings, Rules and Procedure. Section 2 -1 -11. Regular and Special Meetings Regular meetings of the Mayor and Council shall be held on the second Thursday of each month at 7:30 p.m. in the City Hall. Special meetings shall be held as provided by Section 13 of the City Charter. AND BE IT FURTHER ORDAINED THAT THE ABOVE MEETING DATES SHALL BECOME EFFECTIVE AT THE BEGINNING OF THE CALENDAR YEAR 1985, IN ORDER THAT THE FIRST MEETING OF THE CITY COUNCIL IN THE YEAR 1985 SHALL BE HELD ON THE SECOND THURSDAY OF JANUARY, 1985. tf7 CLERK OF COUNCIL First Reading: Second Reading: Effective Date: