HomeMy Public PortalAbout19860313CCMeetingooL98
Tybee Island, Georgia
March 13, 1986
The Tybee Island City Council met in regular
session on Thursday, March 13, 1986, at 7:30 p.m. Mayor -pro-
tem Paul Jackson presided in the absence of Mayor Walter W.
Parker, who was vacationing in California. City Council members
Chris Solomon, Kilma McCutchen, Bill Walsh, Phil O'Dell and
Jean Davis were present, as were Thomas J. Mahoney (City Attorney)
and Bob Thomson (City Administrator).
Mr. Jay Burke had been scheduled to speak
for a one -day beer permit for a half - rubber tournament. He
did not appear and so no action was taken by Council.
Mr. David Minkovitz was present to speak in
behalf of his application for a business license to operate
mobile hot dog units. Bob Duffy, a local attorney, represented
him. Mr. Minkovitz stated his willingness to operate as few
as one unit, in whatever regulatory manner the city mandated,
and to be a test case for future licenses of the kind.
The local citizenry demonstrated great interest
in this request. Two negative factors raised were: competition -
if one such license is issued many others would probably have
to be issued also, or the city might be guilty of restraining
free trade. Litter was the other primary concern. Speaking
in favor of the application were Jody Sadowsky, Burt Barrett,
Jr., and Steve McCusker. Pierre Hoppe asked if the issue should
be considered in a business -like manner - what is beneficial
to the majority of the citizens? Jim Kluttz suggested a limited,
test or trial with careful monitoring. Renny Painter agreed.
Dan Sheehan spoke for those living along the side streets on
the beachfront, saying that he believes it would be detrimental
to the residents; as well as pose health and litter problems.
Jack Smith spoke saying he strongly objects. Others speaking,
00099
Tybee Island, Georgia
March 13, 1986
Page Two
both pro and con, were George Spirides, Charles Masterpoulis
and several members of the City Council. Many citizens seemed
to believe that the residents of the street(s) on which the
carts would appear should be polled, and fear that many such
licenses would have to be granted, contributing to a carnival
atmosphere, was a paramount concern.
Correspondence concerning the hot dog carts
was read into the record and accepted as information. *
The meeting was then opened for business legally
presented. The first action of Council was a joint Citizens
of the Month Award to two teachers from Tybee Elementary School
in recognition of their having received the 1986 National Science
Teachers Association - American Gas Association (STAR) Award
of $1,000. for a curriculum guide for the primary grades develop-
ed for the purpose of teaching life science skills, and to instill
an appreciation of our coastal environment, through the use
of local beach and marsh areas. The teachers, Venetia Butler
and Ellen M. Roach, were congratuled by Mr. Jackson and presented
certificates from the city.
A discussion of Mr. Minkovitz' application
was then reopened with Councilmember Davis reporting for the
General Government /Finance Committee, who had been given the
aSsignment last month of investigating the request. Ms. Davis
reported that the committee had met, and offered the following
motion: that the special permit for mobile hot dog cart operation
be granted, at a fee of $500.00 per cart, to be limited to the
Residential- Tourist Zone, and to be an affiliate ofa local business.
Councilmember Solomon suggested the motion be modified to allow
a one -Cart operation permit, limited in area from 7th to 10th
Streets, giving a time period of 15 days for others to apply.
*The letters all opposed granting the license and were from:
1) Dick Grosse, Mr. & Mrs. Edmund J. Spiers, and Jim & Ann
Monaghan.
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Tybee Island, Georgia
March 13, 1986
Page Three
Councilmember Davis accepted Mr. Solomon's revised version of
the motion. Councilmember McCutchen spoke, saying that she
does not believe the people living in the area want the carts.
City Attorney Mahoney advised that the area of operation needs
to be specific since the cart won't be roving. Councilmember
Solomon spoke in favor of accepting applications for varied
mobile cart;businesses. Councilmember McCutchen said that she
does not believe revenue is the issue, but that the quality
of life on the island is. The vote was taken as follows: for
the motion - 2 (Davis & Solomon); against the motion - 3 (O'Dell,
Walsh and McCutchen).
Minutes of the meeting of February 13, 1986
were unanimously accepted upon motion by Councilmember Solomon:
Bills for the month of February, 1986 were
approved as follows:
General Government $ 3,222.92
Police 11,957.68
Recreation 294.16
Fire /First Responder 1,920.47
DPW /Sanitation 9,175.17
Water /Sewer 6,928.77
Councilmember Davis reported on a very success-
ful First Annual Arbor Day, sponsored by the Beautification
Committee. Two hundred crepe myrtle trees were sold, and one
was planted in front of City Hall in honor of Earl Anderson,
to whom this day was dedicated. A proclamation was read and
becomes a part of these minutes. After the ceremony, a picnic
lunch was enjoyed in Memorial Park.
Recommendations of the Planning Commission
were accepted as information.
City Attorney Tom Mahoney ex p lained one item
recommended by the planning commission - a quit claim for an
easement exchange. Copies of the quit c;l'aim & resolution are
also attached hereto.
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Tybee Island, Georgia
March 13, 1986
Page Four
Following the explanation, Councilmember O'Dell
moved that the measure be adopted, with a second by Councilmember
Solomon. The quit claim was granted by unanimous vote.
The second reading of a Mechanical Code followed.
Councilmember Solomon moved its adoption, Councilmember McCutchen
seconded and the vote was unanimously in favor. Councilmember
Solomon then moved that Mr. Charles Hosti be appointed inspector
for this code; there was no second. Mayor pro tem Paul Jackson
asked Councilmember O'Dell to chair a committee to recommend
who should be appointed Mechanical Inspector.
City Attorney Mahoney then read, for the second
time, ordinances amending Sections 8 -4 -62, 8 -4 -72, 8 -4 -73,
and creating 8 -4 -74 of the Zoning Ordinance, explaining that
these amendments are necessary due to changes in the State
law brought about by the Zoning Procedures Act. He also stated
that the city has always gone far beyond the requirements
of the state in giving public notice of all hearings regarding
rezoning or variance requests, but that these amendments are
designed to conform to state mandates so that there can be
no question of the city's compliance. Councilmember Walsh
moved approval of the ordinances, Councilmember Davis seconded
and the motion was adopted without dissenting vote. Copies
of these four ordinances are attached to these minutes.
Councilmember McCutchen spoke of a planned handi-
capped access crossover structure which will allow wheelchair
occupants the opportunity to reach the hard beach sand close
to the ocean. She said that the dune crossover is planned
for the vicinity of 14th or 15th Street and will be built
to be disassembled easily if necessary due to extreme weather.
She also stated that the city is presently awaiting permits
from the state and the Corps.
Councilmember O'Dell recommended that the following
business license applications for alcoholic beverages be approved:
Gayle A. Malphrus for the Offshore Lounge, William L. Lo.wrimore
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Tybee Island, Georgia
March 13, 1986
Page Five
for Nickie's Lounge and Vernon Lee McDonald for Earl's Grill.
All three were transfers of existing licenses and all were
unanimously approved. A new license request for Novelty Bar
was denied, by motion made by Councilmerber O'Dell, seconded
by Councilmember McCutchen. The vote was four in favor (O'Dell,
McCutchen, Davis, and Walsh); Councilmember Solomon did not
vote.
The meeting was adjourned.
CLERK OF CIUNC
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CORPORATE RESOLUTION OF THE CITY OF TYBEE ISLAND
A Regular Meeting of the Mayor and Council was held and the Planning
Commission recommended that the City accept a Fifty (50) foot wide road from Rowell
& Marbach, Inc. as shown upon a plat prepared by Wright C. Powers, Registered Land
Surveyor, dated February 19, 1986 and abandon a Ten (10) foot proposed easement
extending from Naylor Avenue to Railroad Avenue. A copy of said reccommendation was
presented to those present and upon motion duly made, seconded and unanimously
carried, it was
RESOLVED, that the 50 foot propsed right -of -way presented to the meeting
is hereby approved and adopted and a copy of said survey shall be appended
to the minutes, and that the proper officers of the corporation are hereby
authorized to take whatever action is necessary to implement the plan, and
it is further
RESOLVED,that the signing of these minutes by the Directors shall cons-
titute full ratification thereof and waiver of notice of the meeting by
the signatories.
There being no further business to come before the meeting, upon motion
duly made, seconded and unanimously carried, the meeting was adjourned.
CITY OF TYBEE ISLAND
(LS)
. (LS)
1
001.04
Ordinance Number /9e6-
Article B. Technical Codes Adopted
AN ORDINANCE TO ADOPT AN ADDITIONAL TECHNICAL CODE TO BE USED BY THE
BUILDING INSPECTIONS DEPARTMENT OF THE CITY OF TYBEE ISLAND, AND FOR
OTHER PURPOSES.'
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 THE ADDITION OF THE FOLLOWING PARAGRAPH
TO BE INSERTED INTO SECTION 8. PLANNING & DEVELOPMENT,, ARTICLE B. TECHNICAL
CODES. AND THAT THE PARAGRAPHS BE RENUMBERED, IF NECESSARY FOR ITS INCLUSION:
Section 8 -4- .
MECCNANICAL CODE ADOPTED.
The Standard Mechanical Code, 1985 Edition, as revised, recommended by
the Southern Building Code Congress International, Inc., is hereby adopted
in its entirety save and except for those portions as are hereinafter deleted,
modified, or amended, and is hereby incorporated into this code of ordinances
as fully as if set out at length herein. A copy of the mechanical code shall
be maintained in the office of the clerk of council where it shall be available
for inspection by the public during regular business hours.
ADOPTED THIS
First Reading: .
Second Reading:3 -/3 -fro
ATTEST:
DAY OF
, 1986.
1
00105
8 -4 -62. Public Hearing.
DELETE IN ITS ENTIRETY.
SUBSTITUTE:
8 -4 -62. Public Hearing.
The Zoning Board of Appeals shall hold a public hearing on every
application for variance received. The public hearing shall be
conducted in accordance with Section 8 -4 -73 of this Code.
Variance procedures for other actions are written into the
specific ordinances, i.e., flood control (8- 5 -16); dune
protection (4- 47 -49), etc.
alve-ext- 3//3/$4,
4.44e
ci4.0(
Q€11 Og .44- 19 gl� -
Section 8 -4 -72. Application for amendment.
DELETED IN ITS ENTIRETY.
INSERTED IN ITS STEAD:
Section 8 -4 -72. Application for Zoning Amendment.
(a) Applications for amending this ordinance can be proposals for
amending either the text or the zoning map. All applications shall
be signed by the applicant and shall be accompanied by a fee of One
Hundred Dollars ($100.00). All previous applications affecting the
same text or parcel must be listed on the application. No application
for amendment will be accepted which would initiate action on the
same parcel more often than once in any twelve -month period, nor will
any application be accepted that would result in the division of a
single lot or parcel of land into two (2) or more zoning classifications
(b) Text amendment applications shall include both the complete text
to be added and the existing text to be deleted.
(c) Map amendment applications shall include the followdng
information:
(1) A scaled or dimensioned map, plat or sketch showing all
property referred to in the application and all adjoining lots
or parcels of land which are in the same ownership as the site
in question.
(2) The area of the proposed reclassification with its street
number(s) if any and its location with respect to nearby public
rights -of -way.
(3) Legal description of the land, including property identi-
fication number(s).
(4) Present and proposed zoning classifications.
(5) Name and address of owners.
(6) Land area stated in acres or in square feet if less than
one acre.
(7) Present and proposed land uses for the property being
considered for rezoning and for any adjoining properties under
the same ownership.
coisioir IggL-g
Section 8 -4 -73. Public Hearings on Zoning Amendments
(a) Procedure for Calling a Public Hearing on Zoning Amendments
(1) Prior to scheduling the public hearing the application
must be complete meeting all requirements of Sections 8 -4 -71
and 8 -4 -72.
(2) The Zoning Administrator, after determining that the
application is complete and ready to be processed, shall
forward it to the City Clerk who shall notify the applicant
of the date, time and place of the required public hearing.
Concurrently the Zoning Administrator shall forward the
application to the Planning Commission for its review.
(3) At least 15 days, but not more than 45 days before the
scheduled public hearing the City Clerk shall publish in a
newspaper of general circulation notice of the date, time,
place and purpose of the public hearing. If the application
is for a zoning map amendment the public notice shall include
the location of the property, its present zoning classification
and the proposed zoning classification.
(4) At least 15 days, but not more than 45 days before the
scheduled public hearing the City Clerk shall notify all
neighboring property owners, either adjacent to.the property
proposed for rezoning, or directly across a public street /road
from that property. The notice shall include the same
information listed in paragraph (3) above.
(5) Not less than 15 days prior to the date of the public
hearing the Zoning Administrator shall post in a conspicuous
location on the property in question a sign which shall contain
information regarding the proposed rezoning - specifically the
date, time, place and purpose of the public hearing.
(6) The primary goal of conducting a public hearing on a pro -.
posed zoning amendment shall be to solicit pertinent factual
information which will be beneficial in helping City Council
judge the merits of the case. No official action shall be taken
on any proposed zoning amendment by City Council until at least
one public hearing has been conducted.
00108
Section 8 -4 -73. Public Hearings on Zoning Amendments.
(b) Procedure for Conducting a Public Hearing on Zoning Amendments
(1) All public hearings on zoning amendments shall be chaired
by the 'Mayor or, in his absence, by the presiding officer of
the City Council. The proceedings shall be recorded by the
Clerk of Council and the record of the public hearing, with
all evidence submitted, shall become a permanent part of that
zoning amendment's file. Verbatim transcripts of the public
hearing may be prepared only if requested and purchased in
advance.
(2) The presiding officer shall open the hearing by identifying
the zoning amendment petition to be considered.
(3) The presiding officer shall determine the number of
attendees who desire to testify or present evidence during
the hearing. If there are a large number who wish to speak,
the presiding officer may invoke a specified time limit
which is equally applicable to all speakers. Each individual
speaker shall be given opportunity to testify or present
evidence. Once all testimony is concluded the presiding officer
shall adjourn the public hearing.
00109 Nc86,- 9
Section 8 -4 -74. Criteria Governing Zoning.
The City Council, in exercising its zoning powers, shall consider the
following criteria in its decision - making process:
1) Existing land use pattern; existing zoning.
2) Possible creation of an isolated district.
3) Population density and trends; possible overload to public
facilities.
4) Cost to public for providing services.
5) Environmental impact.
6) Whether there are substantial reasons why the property
cannot be used in accordance with existing zoning; the
7)
8)
9)
10).
The above
1
suitability of the property for the
Aesthetic effects.
The extent to which the zoning - both present
is consistent with the comprehensive land use
relates to the surrounding area.
Property values:
The extent to which the property values
property and surrounding properties are
enhanced by particular zoning restrictions.
Whether proposed change will cause a diminution
value /enhancement of value in light of existing
regulations and procedures.
c Length of time property has been vacant
considered in the context of land development in
the immediate vicinity of the property.
The relative gain to the public as compared to the hardships
imposed upon individual property owners and any other factors
related to balancing the interest in promoting public health,
safety, morality or general welfare against a right of unres-
tricted use of property.
criteria are not intended to be all- inclusive.
zoned purposes.
and proposed
plan as it
a)
b)
of subject
diminished/
as zoned
in
1
STATE OF GEORGIA
s
COUNTY OF CHATHAM
00110
QUIT CLAIM DEED
THIS INDENTURE, made this I3 day of March, 1986, between CITY OF TYBEE
ISLAND, party of the First Part, and ROWELL & MARBACH, INC., party of the Second
Part.
WITNESSETH
For and in consideration of the sum of One ($1.00) Dollar and other good and
valuable consideration, the Party of the First Part has remised and released, and
by these presents does remise, release and Forever Quit -Claim unto the said Party
of the Second Part its heirs and assigns, all the rights, title, claim or demand
that the said Party of the First Part has, or may have had in and to the following
described property, to wit:
All that certain lot, tract or parcel of land situate, lying and being in
the City of Tybee Island, Chatham County, Georgia, and shown upon a map or plan
filed for record in the Office of the Clerk of Superior Court Chatham County,
Georgia in Plat Record Book 0, page 74 as a Ten (10) foot wide easement extending from
Naylor Avenue in a Southeasterly direction to Railroad Avenue, for a distance of
approximately 396 feet, more or less. Said map or plan is hereby incorporated into
and made a part of this description.
TO HAVE AND TO HOLD said property, together with all rights thereunto, and to
the Party of the Second part, so that neither the Party of the First Part nor
any one claiming under it shall have any rights thereunto.
IN WITNESS WHEREOF, the said Party of the First Part has hereunto caused its
duly authorized officers to set their hands and seals the day and year first
above written.
Signed, sealed and delivered in the
presence of:
Witne
No ary Public, Chatham County, Georgia
CITY OF TYBEE ISLAND
BY: Yq.,911-- (LS)
Z) (LS)
ROSE E. LANIER
Notary Public. Ge,opia. State at LaTe
P R O C L A M A T I O N
WHEREAS, it was mutually decided by the Tybee Island City Council and the
Tybee Beautification Committee that the City's First Arbor Day
planting be dedicated to
MR. EARL R. ANDERSON
WHEREAS, Mr. Anderson served this community for many years as a local
government official, elected and appointed, giving generously of
this time and energy for the common good; and
WHEREAS, he also unselfishly served his neighbors by inaugurating a blood
pressure reading service on a regular schedule and performed the
same service faithfully for years in the public school system;
and
WHEREAS, he also actively participated in almost all local service clubs
and organizations, including the Tybee Island Optimists, the
Tybee Museum Association, the Easter Sunrise Service Committee,
and various other worthwhile causes, both church and civic, too
numerous to mention; and
WHEREAS, his many friends and admirers are desirous of honoring him
publicly for his outstanding community services;
NOW THEREFORE, BE IT PROCLAIMED that this day, February 22, 1986, Tybee
Island's First Annual Arbor Day, is to be known as EARL ANDERSON
DAY ON TYBEE ISLAND, in recognition of his vital contribution to,
and unselfish love of, this community.
BY ORDER OF THE MAYOR OF TYBEE ISLAND
THIS 22nd DAY
1986.
LTE W. P
R, MAYOR
00111