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19851010CCMeetingTybee Island, Georgia October 10, 1985 00036 The Tybee Island City Council held its regular monthly meeting on Thursday, October 10, 1985 at Tybee City Hall, beginning at 7:30 p.m. with Mayor Charles J. Hosti presiding. Present were the following members of City Council: Paul Jackson, Jeanne Hutton, John Wylly, Earl Marlin, S. J. Orsini and C. P. Solomon. Also present were Thomas J. Mahoney, Jr., City Attorney and Bob Thomson, City Administrator. There was a discussion just as the meeting began regarding the suitability of students being in Council meetings for learning experiences not sanctioned by the school they attend. Mayor Hosti asked that teachers realize the importance of their influence, and not prejudice children, either for or against, any specific question. Mayor Hosti then introduced the Zoning Map Amendment brought by Michael Milford for property at Second Avenue. The land is presently zoned PUD and Commercial -Two zoning is being sought, for the purpose of building a restaurant. It was noted that there is controversy involving the posting of a sign on the property advertising the public hearing before City Council. In view of the uncertainty as to whether the legal requirements were met, the City Attorney advised that the hearing be postponed one month, and that all forms of public notice be observed again - letters to adjacent property owners, posting of property, and advertisement in local newspaper. Mr. Mahoney explained, in response to a question from Fred deBorde, that Tybee complies in all respects to the new Zoning law which will go into effect in 1986. The law stresses due process and public notice. He explained that letters from property owners who can't be present at the November meeting will be read into the record. The public was invited to speak on the city- sponsored text amendment. No one spoke. There were no visitors who wished to address Council on other matters. The meeting was opened for business legally presented. The first item was the text amendment to Section 8- 4- 32(a)(1). Councilmember Solomon moved to adopt; Councilmember Orsini seconded. Councilmember Hutton voiced her opposition, saying that residential should not be mixed with commercial. She noted that commercial areas have no setbacks and that this amendment is evidence of poor planning, not giving enough consideration to the fact that we reserve our commercial areas for tourism and that residential use is not compatible to bars, etc. 1 1 1 00037 Tybee Island, Georgia October 10, 1985 Page Two Councilmember Marlin spoke in rebuttal, saying the existing text allows uses that are essentially the same and that the amendment is a matter of terminology only, updating the language of the Code. The amendment passed on First Reading by a vote of 5 -1, with Councilmember Hutton casting the dissenting vote. Minutes of the September 12th meeting were approved on motion of Earl Marlin, with Chris Solomon seconding. The vote was unanimous. Bills for the month of September, 1985 were approved as follows: Water /Sewer $18,550.59 Public Works /Sanitation $10,698.85* Finance /General Government $ 4,317.11 Recreation $ 1,731.98 Fire Department $ 2,158.35 Police $ 8,698.14 The recommendations of the Planning Commission, formulated at their meeting of October 8th, were read. Mayor Hosti commented on the announcement of a joint City Council- Planning Commission Seminar which will be conducted by CAPDC on October 17th: this meeting is to discuss the State Zoning Procedures (Act 662) and the Mayor stated that he hopes this is the first of many joint meetings - evidence of cooperation between the two. Inspections Reports followed. Building Inspector Edmund Solomon reported that problems developed with permits #0342, 0296 and 0350. The first two have been completely resolved; the third is not completed:but corrections have begun. He said the biggest problem is getting builders to turn in the flood elevation certifications on time. Tom Scholl spoke next, mentioning several projects: 1) Dean condos - substantial firewalls are now going up and people who want to see how they should be built should examine these now. 2) The 3- building project on First Street: this was intended at first to be one six -unit building, but problems with meeting fire codes caused change to duplexes; the project is now in compliance with all *One error detected to be corrected. 1 00038 Tybee Island, Georgia October 10, 1985 Page Three codes. He also mentioned a building on Bright Street where a deck was too close to the lot line, saying that this has been changed to comply. He said that almost all builders are very cooperative, and that a stop - order can be issued if violations warrant. Mr. Scholl also spoke of the Fire Department in general, saying that October is Fire Prevention Month. He told of trips made to all three local schools where educational programs were presented. Mayor Hosti com- plimented the firemen on their programs, saying that he personally attended one of them and that it was a very effective presentation that might save children's lives. Councilmember Solomon reported that the Fishing Pier Committee is very active, having met with a contractor who is helping to establish costs estimates and also with experts to discuss possible means of financing. Mayor Hosti stated that the Corps of Engineers will probably begin removal of hazards at North Beach this month, and that the South Groin work will, if all goes according to schedule, begin in early spring. Police Commissioner Orsini announced that a license for alcoholic beverages is being sought by Mr. B. Clark who presently has such a license for the Windjammer Restaurant. He wants to open a new restaurant on Highway 80 in the location where Joe's Shanty has been operating. The report from the police department investigation was received too late to consult the Police Committee prior to the meeting tonight. It was agreed that the committee would meet and make a recommendation to the Council to be decided at the next meeting. Councilmember Solomon noted that the area in question is zoned C -2, and that the building has housed a bar /lounge before. Councilmember Hutton reported that the DPW /Sanitation Department has begun its Winter Schedule and that the. City Administrator is reviewing the work with the Department Head periodically. Progress is being made in clearing easements and cleaning ditches. Mayor Hosti announced the appointment of Mrs. Rose E. Lanier and the Clerk of Council to be Absentee Ballot Clerks for the upcoming election. er&A-a_ma"± -L i)L;) D_ Tybee Island, Georgia October 10, 1985 Page Four The consideration of the final plans for the Williams PUD* began with a motion by Councilmember Orsini that the plans be accepted as recommended by the Planning Commission. Councilmember Marlin seconded and discussion followed. Councilmember Jackson spoke first, saying that he isn't against progress but he does want Tybee developed in such a. way as to encourage permanent, year -round families. Councilmember Hutton address- ed several questions tb Michael Eckman and Jerry Lominack, engineer and architect, respectively. The questions were technical and aimed toward determining whether the project might cause the city drainage or other problems in the future. Councilmember Solomon questioned whether the devel- oper has not presented two separate plans. Mayor Hosti reminded the Council that the city allowed the Planning Commission to hire an independent engineer to advise them on the project and its final plans, and that their vote was unanimously in favor of accepting the final plan. Councilman Solomon also questioned the exterior facade, whether it is the same as Mr. Williams first promised last year. The architect responded by saying that the final plans will conform to all building codes of the city and that some decisions are not yet made; he noted that the project is in the process of obtaining a Coastal Committee Permit which necessitated a loss of nine units and also mentioned that the city's ordinance requires open space of only 20% but that the project has open space of 68 %. The vote was taken, with the following results: voting for acceptance of final plans - 2 (Earl Marlin and S. J. Orsini); voting against acceptance of final plans - 2 (Jeanne Hutton and Paul Jackson); abstaining 2 (Chris Solomon and John Wylly). Mr. Wylly had left the building when the item came up for discussion. Mayor Hosti, voting to break the tie, cast an affirmative vote and the plans were accepted as final plans for the PUD. The next agenda item was the report of the Planning Commission on the zoning of the 1983 annexed area. Councilmember Solomon moved to accept the recommendation of the Planning Commission, with Councilmember Orsini seconding. The Clerk, at the request of Councilmember Hutton, read the recommendations of the Planning Commission. The vote was five in favor and one against, with Councilmember Hutton casting the dissenting vote. The recommendations will, therefore, be put into ordinance form and brought * A letter opposing the project is attached. 1 1 1 00039 Tybee Island, Georgia October 10, 1985 Page Five up again next month for a Second Reading. Councilmember Jackson moved that the final plat for the Bishop subdivision be accepted. Councilmember Orsini seconded. Councilmember Hutton stated that the plat was not signed by a certified engineer, saying that she is in favor of the project, but believes it should be postponed until it meets all requirements of the ordinance, especially because it is a large subdivision. The attorney for the project stated that the specifications did accompany the plat, were seen by City Council last month and by the Planning Commission, and that an engineering firm in Atlanta reviewed the plans, which were also seen by all the city's Department Heads. Councilmember Hutton read Section 8 -3 -52 of the Code which states that proof of engineer's certification must be shown. There was some discussion initiated by Councilmember Orsini concerning the size of the lines that serve the area, and the developer agreed to install 8" rather than 6" lines. Councilmember Hutton questioned the fact that the land used to be a dump site, saying that she had called EPD and the only reason that they won't take a stand on it is because they do not know what was buried there. It was closed in 1950 before landfills were monitored by the state. She offered an amendment to the motion that would require engineering certification that the site is safe for building. Councilmember Solomon agreed to amend the motion to read "contingent to engineering stamp on plans and specifications" and the vote on the amendment was unanimous. The vote on the motion was 5 to 1 with Councilmember Hutton casting the negative vote. Councilmember Solomon then moved that a proposal to purchase four Air /Heat Units for the Recreation Department at a cost of $575.00 each. Councilmember Marlin seconded and the motion passed unanimously. The next item discussed was a request for a temporary storage permit from the Tybrisa at 15th Street. This would allow building materials to be stockpiled on city property while construction is going on. Council- member Solomon asked if the use could be discontinued in March if seasonal business warranted the city's opening parking lots for visitors, saying that the space might possibly be needed for parking then. Mr. Bill Story answered that the group is quite willing to move at the city's word. Council- member Solomon then moved to allow the permit, and Councilman Orsini seconded. 1 00040 Tybee Island, Georgia October 10, 1985 Page Six Councilmember Hutton asked if there is any problem with utility lines now. Mr. Story answered that he and Mayor Hosti have talked and the problem is resolved. The Tybrisa has no intention of asking the city to move any lines, and asks that the city not hold them responsible for the accidental cutting of any lines during construction. The vote was unanimously in favor of granting the permit. The Jaycee Concessions stand lease was discussed and Councilmember Solomon moved that it be granted, with the basic terms being that the leasee pay a rental of $600.00 per year, and provide proof of liability insurance. Councilman Marlin seconded and the vote was unanimously in favor. The Master Plan was the next agenda item. Councilmember Hutton moved that the Master Plan be adopted as recommended unanimously by the Planning Commission at their meeting of July 1, 1985 and be designated the official comprehensive plan to serve as a policy guideline for both the Planning Commission and the City Council as referenced in the Tybee Island Code of Ordinances, Section 8 -1 -11 and State Code 69 -12. On the advice of the City Attorney that the old Georgia Code Section 69 may have been rendered unconstitutional by the new State Constitution, Councilmember Hutton withdrew her reference to the State Code Section 69 -12. Mayor Hosti stated that he liked the phrase "policy guideline ", which is what he intended when he first asked for a Master Plan. On question from the Mayor, Planning Commision Chairman Jeff Dukes stated that no changes have been made in the plan since the July date. Voting for the motion to accept the Master Plan were Councilmembers Orsini, Hutton and Jackson; voting against were Councilmembers Solomon, Marlin and Wylly. Mayor Hosti broke the tie by voting in favor of the Master Plan, saying that the citizens should remember that the City Council can amend the plan at any time they see the need to do so. The Sanitation Policy came up for consideration with changes made after earlier discussions. The City Administrator read and explained an ordinance dealing with construction debris. Councilmember Jackson moved its adoption and Councilmember Hutton seconded. The vote was 4 to 2 with Councilmembers Marlin and Solomon opposing. The ordinance was accepted on First Reading and will be read again at the next meeting. Mr. Thomson then read an ordinance controlling certain types 1 1 00041 Tybee Island, Georgia October 10, 1985 Page Seven of advertising (handbills, leaflets, etc.). Councilmember Solomon moved not to adopt; Councilmember Wylly seconded and the vote was 5 to 1 (Hutton). The motion passed and the ordinance was not adopted. Bob Thomson then read a third ordinance which the City Attorney explained-is intended to clarify the effect of the first ordinance read, in that it enumerates what an individual may expect from the city concerning trash generated by himself, as a product of his own labor on his own property. Councilmember Hutton moved to approve, Councilmember Jackson seconded and the vote, after a lengthy discussion, was 3 - 3, with Councilmembers Wylly, Jackson and Hutton in favor and Councilmembers Marlin, Orsini and Solomon against. Mayor Hosti broke the tie by voting against the ordinance and the motion failed to pass. Councilmember Hutton stated that she believes this nullifies the Sanitation Policy. Councilmember Solomon moved that the Sanitation Policy go back to committee for further work, Councilmember Jackson seconded and the vote was unanimously in favor. Councilmember Orsini moved that the Flood Damage Control Ordinance reading be delayed until the next meeting due to the lateness of the hour. Councilmember Jackson seconded and Councilmember Hutton questioned whether any building permits would be affected by the delay. The answer was negative, and the vote was 5 - 1 with Councilmember Hutton casting the dissenting vote. The meeting was adjourned. ,;(EE;) 044.,z4t..._ • CLERK OF COU C LAW 7((91.417Zerle'ge /rt. eteXCX Q4- ADHee) (dZAT l? d /a) 71 di ntd 00042 dc-7L' igi9MS- rilei ).),iv ' �- /f /' . baidogedie 741 ?z,14ad .i y - , ')4 €. n ( J ��� // ' o> ee -1 i, D zy� // /��y/f /( / yG /�//.. //7 a ate-/ -5> f ini r9c etta Ar2,„>.,,6",&" !� n C.� *6) - $tIG 4 cz.:,. ,if`J P doe r-ec 'OiC- 5QcT, J x'9-3 i zteesd.0241(9) 41/1- _awe/ PHYLLIS L. CARY CITY TREASURER ROWENA B. FRIPP CLERK OF COUNCIL THOMAS J. MAHONEY, JR. CITY ATTORNEY. RECORDER BOB THOMSON CITY ADMINISTRATOR MAYOR CHARLES J. HOSTI CITY OF TYBEE ISLAND 401 Butler Avenue P.O. Box 128 TYBEE ISLAND, GA 31328 (912) 786-4573 SPECIAL CALLED CITY COUNCIL MEETING OCTOBER 23, 1985 7:30 P.M. SEBASTIAN J. ORSINI MAYOR PRO TEM CITY COUNCIL JEANNE M. HUTTON PAUL JACKSON EARL MARLIN CHRISTOPHER P. SOLOMON JOHN C..LY, JR. (2) Text Amendment to Section 8 -4 -32 Tybee Island Code of Ordinances: Paragraph (a) (1) now reads "Apartment Hotels, Guest Cottages, Hotels & Nbtels ". Proposed revised text: "Apartments, Condominiums, 'Down- houses, Guest Cottages, Hotels and Motels ".