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19860313CCMeetingooL98 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. 1 1 4 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. 1 0310i 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 1 1 1 00102 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 1 1 1 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