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19860410CCMeeting1 00112 Tybee Island, Georgia April 10, 1986 The Tybee Island City Council held its regular monthly meeting at City Hall on Thursday, April 10, 1986 at 7:30 p.m. Mayor Walter W. Parker presided and the following members of Council were present: Chris Solomon, Bill Walsh, Kilma McCutchen, Jean Davis, Phil O'Dell and Paul Jackson. The City Attorney, Mr. Thomas J. Mahoney was present; also Bob Thomson, City Administrator /Zoning Administrator. A public hearing was scheduled. The first petition was one by Mr. W. C. Fleetwood for property located at the southwest corner of Butler Avenue and First Street (Highway 80). Mr. Fleetwood was not present. Frank Koncul, owner of MacElweese's Restaurant, spoke concerning the project, saying that the Master Plan recommends a small shopping mall /village in that area, and that this is what is being considered. The property abuts commercial property and is the only First Street frontage that is not presently zoned commercial. The change requested is from Residential -2 to Commercial -2, for property known as PIN # 4- 4 -2 -5 & 6. The Planning Commission recommendations were read - this change was adopted by a vote of 4 - 0, with Tommy Clark abstaining. Speaking against the petition were: Mr. Jay Cox, Mr. Cecil B. DeLorme; letters against the change from Mr. Sidney L. Raskin and Mr. Carr G. Dodson were read into the record. City Council discussed problems with traffic on the curve, parking, and the "quality of life" objections raised by neighbors. The hearing was closed. The next petition for public hearing was for 501 A,B,C, & D and 503 A,B,C, & D Miller Avenue. Tommy Clark spoke on this, saying that this is probably the first time anyone has asked permihssion before selling half of a duplex, and that the subdivision ordinance doesn't specificially address this problem, or give any means to accomplish it. He stated that these units already exist, and that the development will be completed with single - family housing, but a financial problem 00113 Tybee Island, Georgia April 10, 1986 Page Two may exist if these units are not subdivided for sale. He further stated that the only change being asked is one of ownership - a question of owning one -half a duplex, rather than one owner owning the building and renting one - half. Frank Koncul spoke of pride of ownership, saying that everyone knows the average homeowner takes better care of property than the average rentor would. Six letters in favor of the project, were read. Mayor Parker stated that a "Catch 22" situation seems to have been uncovered, and that the joint City Council /Planning Commission meeting coming up on April 21st will take the subdivision ordinance as a discussion topic. He closed the public hearing. The last petition for public hearing had been postponed by the Planning Commission without action, due to what appeared to be a possible legal problem of ownership (one heir seemed to have objections to the petition). It was stated that the Chandlers, who have the option to buy the property, now have letters to act as agents and are asking that the property be zoned R -1 -b to conform with the adjacent neighborhood. The property is commercial now due to the fact that it is within 200 feet of U.S.80. The Chandlers expressed a concern with the time element involved, saying that both brothers are anxious to build their homes and worried over the delay. City Council discussed this request at length, with Council - member Solomon expressing his concern with commercial and residential neighborhoods abutting. Mr. Dukes was asked by Councilmember Jackson if his group had formulated any kind of tentative recommendation prior to their postponement. The answer was that the Planning Commission had not even heard the report of the subcommittee when the objection concerning ownership was raised and that no discussion at all took place after that point was raised. In summation the Chandlers stated that they wanted only to extend the existing R -1 -b neighborhood, decreasing the Commercial Zone and that since there is a commercial building now being built on the lot nearest the highway, it is unlikely that this land would be suitable for future commercial development, having no direct frontage 1 1 00114 Tybee Island, Georgia April 10, 1986 Page Three on U.S. 80. The public hearing was closed. Mayor Parker invited visitors speaking on other subjects to come forward. The first was Mel Gordon, representing Arby's Roast Beef. He explained a plan to use the old Triangle property to house a modular unit, testing the market, and remodeling the Triangle building if warranted. He stated that the placement of the modular unit would greatly improve the property, that it would be landscaped, and that the unit would definitely be temporary. He circulated drawings for the Council's perusal. Questioning by Councilmember O'Dell led to an explanation of the 1 rge investment such a franchise would entail, and that this would be a full franchise from the beginning. There was a general discussion of building and flood ordinances, City Attorney Mahoney stated that the ordinance governing trailers would apply, and that thehbuilding would have to be permanently mounted, unmovable, to comply. He stated that the state law is clouded regarding factory - built housing and that the city should look at each case individually. Mrs. Dottie Kluttz asked permission to speak, saying she is very concerned that the FEMA ordinance on flood control be upheld, because the city has had enough trouble complying with, and becoming reinstated into, the flood insurance program. Burt Barrett, Jr., a local surveyor, spoke to inform everyone that the property in question is one of the highest points on the island - between 13' and 15' feet above sea level. He also spoke for Arby's, saying that having one for just the summer would be better than never having one at all. Mr. Gordon reiterated his statement that Arby's would renovate the building on the property if it proves practical. Councilmember O'Dell spoke in favor of the proposal. The next visitor was Homer Prescott, asking permission to hold a half- rubber tournament in Memorial Park on May 4th. He also asked the city's permission for a one -day beer sales permit for the event. MacElweese's Restaurant would sponsor the event. Councilmember Solomon spoke favorably'of the project. Mayor Parker then opened the meeting for business legally presented. He immediately called to the front two Planning Commission members: the Chairman, Jeff Dukes and Frank Mills. The audience was 00115 Tybee Island, Georgia April 10, 1986 Page Four informed that Frank Mills is resigning from the Planning Commission and moving from the island. The City Attorney read a Resolution honoring Mr. Mills for his public service through the administrations of three different Mayors, and he was given a standing ovation. The Mayor then brought up for discussion and vote the petitions heard during the public hearing portion of the meeting. The first to be heard was the Fleetwood petition. There was a short discussion, mostly concerning possible traffic problems and it was mentioned that the GA DOT is in charge of U.S. 80. Mayor Parker informed everyone that the DOT is scheduled to do a traffic count on Memorial weekend, and that we hope to qualify for another traffic light. The vote was taken, as follows: In favor of the zoning change - McCutchen, Solomon, Walsh & Jackson; against - O'Dell and Davis. The next question was the subdivision of the Clark /Konsul development on Miller Avenue. Councilmember Jackson moved the request be granted, and Councilmember Davis seconded. Councilmember Solomon led a lengthy discussion, saying that the problem will arise again and stating that he hopes the Planning Commission will recommend a solution for the future. Mayor Parker reminded Council that the present question includes that of hardship on the developers, and the City Attorney stated that the Council owes thanks to the Planning Commission for pointing out the problem, adding that state law would certainly allow the developers to sell the units as a condominium project, with joint ownership of the land, and that any duplex situation meeting building requirements could be built and later face the same question, further stating that he believes a variance is proper in this case. The vote was unanimously in favor. The Chandler petition for rezoning was next considered. Councilmember O'Dell moved that the property be rezoned to R -1 -b and Councilmember Davis seconded. Councilmember Solomon spoke at length of the dangers of mixing residential and commercial, asking if it would be better to allow a non - conforming use. After further discussion the vote was taken and was unanimously in favor of granting the zoning map 03116 Tybee Island, Georgia April 10, 1.986 Page Five amendment. The next item for discussion was a problem presented by Jeff Dickey. Councilmembers were given a copy of a plat of Lot 12 and the northern half of Lot 11, Ward #6 (1601 Chatham Avenue). Mr. Dickey explained that there is an existing house 20' wide and 39a' long lying on the property line. He wishes to remove the old house and build a new one, 5' from the property line. He referred to the benchmark shown on the plat. The City Attorney explained that this matter went to the Zoning Board of Appeals, but that Mr. Dickey had not been able to present to explain his case which was denied due to lack of hardhhip shown. He added that the area in question is within the jurisdiction of the shore assistance act making an appeal to City Council possible. Council- member Solomon moved to grant the variance, and Councilmember McCutchen seconded. During discussion it was noted that all the lots in Mr. Dickey's immediate vicinity are sub - standard lots, resulting from a division of family -owed property. Councilmember O'Dell stated that the granting of the variance would actually make Mr. Dickey's house conform with its neighbors. The City Attorney also advised that there is a topograph- ical question regarding an old creek bed on the lot. Councilmember Walsh said that he didn't think the creek bed matters because it was filled years ago. Mayor Parker asked for a vote and the Council granted the variance without dissent. Mayor Parker then asked the Council if they had each examined every zoning issue before them tonight in the light of the criteria governing zoning ( Tybee Island Code, Section 8- 4 -74), a copy of which was in front of each during the public hearing and discussion. All agreed that their decisions were based on these criteria. Councilmember O'Dell moved that Arby's be allowed to beautify and occupy the Triangle Property with a temporary building to be moved within a year. Councilmember Solomon seconded. Mayor Parker asked that a carte blanche not be given, but that some guidelines be set up to give the City Administrator and building officials something to go by. 1 1 1 C U117 Tybee Island, Georgia . April 10, 1986 Page Six Councilmember Jackson questioned whether a temporary structure can be allowed according to our Code, saying that other examples of temporary buildings discussed were variances. It was stated that codes must be followed, or variances sought for any irregularity. Councilmember O'Dell stated that the time is stated within the motion - one year from today's date. The vote was 5 - 0, with Councilmember Jackson abstaining.' Bob Thomson, City Administrator, brought up a request for a flood ordinance variance for a guardhouse for Savannah Beach & Racquet Club.FEMA's Region IV office in Atlanta has been consulted, and a reply received. He also stated that the building will be used for a guardhouse only with no facilities for any other purpose and that, as Zoning Admini- strator, he is recommending the variance be granted. Councilmember Solomon moved that the variance be granted, Councilmember O'Dell seconded, and the motion passed without dissenting vote. The applicant will be notified in writing, with a copy sent to FEMA. Bills for the month of March were approved, as follows: Water /Sewer $16,683.69 General Government $ 4,760.66 Police /Parking $ 7,083.20 Public Works /Sanitation $11,370.02 Fire $ 2,229.37 Recreation $ 1,856.28 Minutes of the March 13th meeting were approved as written. A correction to minutes of April 13, 1983 was read. This correction was to correct a typing error made in the Subdivision Ordinance, Section 8 -3 -5. Definition of Terms. A copy of the correction is attached to these minutes. The correction was unanimously accepted upon motion of Councilmember Walsh, seconded by Councilmember McCutchen. Councilmember O'Dell moved that William A. Goebel be granted a beer and wine license for a food establishment to be located at. #7 16th Street and to be called the "Captain's Galley ", this approval to be coils Tybee Island, Georgia April 10, 1986 Page Seven tentative, depending upon a favorable police check. Councilmember McCutchen seconded and the vote was unanimously in favor. Councilmember Walsh moved that a LARP contract be accepted for repaving 17th Terrace from Butler Avenue to the Strand, Chatham Avenue from 15th Street to Butler, Second Avenue from 17th Street to 13th Street, and Tenth Street from Butler Avenue to Fourth Avenue. The motion was seconded by Councilmember McCutchen and unanimously passed. Councilmember O'Dell introduced a speed ordinance requested by DOT, saying that the Police Department needs this ordinance enacted so that radar can be used, and that there don't seem to be any major changes. Chief McCutchen reported that the school zone speed has been raised by 5 mph, and that is for the purpose of complying with a federal law. Radar will now be operated in some residential areas - this is the only other change. He also stated that the police check on Mr. Goebel has been favorable. Mr. Mahoney introduced three ordinances updating technical codes used by the city's building inspections department. They were read, in this order: Section 8- 2 -11(a) Building Code Adopted. Section 8 -2 -13 Plumbing Code Adopted. Section 8 -2 -14 Gas Code Adopted. Councilmember Walsh moved adoption of these updated codes and Councilmember McCutchen seconded. The vote was unanimously in favor and a Second Reading by title only followed. Councilmember Walsh again moved for adoption and Councilmember O'Dell seconded. The vote was unanimously in favor. These ordinances are attached to, and become a part of, these minutes. Bob Thomson, City Administrator, gave a brief summary of the FY86/87 budget, saying that it is balanced and that there is a healthy surplus at present, giving credit mostly to the last administration for their careful financial actions. Mayor Parker informed the group that'the Revenue Sharing budget is not under consideration today, but will be presented separately. 1 1 00119 Tybee Island, Georgia April 10, 1986 Page Eight After a short discussion Councilmember Davis moved that the budget for Water /Sewer and General Fund be adopted as presented. Councilmember Solomon seconded. During discussion Councilmember McCutchen mentioned that she is interested in including the First Response and Firemen volunteers under the city's pension plan. It was noted that some are in the State Fireman's Pension Plan, but that some are ineligible according to State guidelines. This matter, it was agreed, should be investigated, and brought up again, and the City Administrator was asked to do this. The vote on the motion was then taken and the budget was adopted unanimously. Councilmember Solomon moved that contingency funds not to exceed $600.00 be used to put in an automatic sprinkler system at the Community House. Councilmember Jackson seconded. It was mentioned that Mr. Kuhlman, who has volunteered to maintain and water the plantings there picketed the Planning Commission meeting earlier in the week, and that the Beautification Committee has recommended that a sprinkler system be installed. The vote was unanimously in favor. It was announced by the Mayor that henceforth agenda prepa- ration meetings will be held on the first Thursday of each month at 7:00 p.m. This will eliminate the occasional conflict with the Planning Commission's first Monday meetings. Following a few announcements of upcoming events, the meeting was adjourned. ZE'2 / f- CLERK OF COUNCIL 00120 CORRECTION TO CITY COUNCIL MINUTES OF APRIL 13, 1983 REGARDING TYPING ERROR MADE IN SUBDIVISION ORDINANCE ADOPTED ON THAT DATE. AS TYPED, SECTION 8 -3 -5. DEFINITION OF TERMS. "Minor Subdivision ": Any subdivision comprising three (3) lots or more, or any subdivision involving a new street or change in an existing street. THE APPROVED DRAFT READ: Section 8 -3 -5. DEFINITION OF TERMS. "Minor Subdivision ": Any subdivision comprising three (3) lots or less, and not involving a new street or change in an existing street. Note: "Approved Draft" refers to the study document read before a joint meeting of the City Council and Planning Commission prior to the City Council meeting of 4/13/83. 1 LERKOF LERK OF COUNCIL MI° 0 00 400040 MAYO' 1 SPEED ZONE ORDINANCE CITY OF TYBEE ISLAND, CHATHAM COUNTY, GEORGIA 'Pt 00121 Pursuant to Georgia Code 40, Article 9, Section 40 -6 -183, of the Uniform Rules of the Road Act, for Local Authorities to alter lawful speed limits, following is an ordinance regulating speed limits within the City of Tybee Island, Chatham County, Georgia. Be it ordained by the Mayor and Council of Tybee Island, Chatham County, Georgia that the fallowing speed zones are established based on the attached engineering and traffic investigation. STATE ROUTE 26. FIRST STREET: from the west city limits (mile post 32.60) to Byers Street (mile post 34.11) a distance of 1.51 miles to be zoned 55 MPH. From Byers Avenue (mile post 34.11) to Campbell Avenue (mile post 34.83) a distance of 0.72 mile to be zoned for 45 MPH. From Campbell Avenue (mile post 34.83) to 2nd Avenue (mile post 35.28) a distance of 0.45 mile to be zoned for 35 MPH. ISTATE ROUTE 26 FIRST STREET- BUTLER AVENUE: from 2nd Avenue (mile post 35.28) to Third Street (mile post 35.55) a distance of 0.27 mile to be zoned for 30 MPH. STATE ROUTE 26- BUTLER AVENUE: From Third Street (mile post 35.55) to 14th Street (mile post 36.60) a distance of 1.05 miles to be zoned for 35 MPH. From 14th Street (mile post 36.60) to east end of State Route 26 (mile post 36.80) a distance of 0.20 mile to be zoned for 30 MPH. STATE ROUTE 26- BUTLER AVENUE SCHOOL ZONE: From Fourth Street (mile post 35.59) to Nineth Street (mile post 36.08) a distance of 0.49 mile to be zoned for 30 MPH when flashing. Signs on the above streets and State Routes to be erected by the Department of Transportation. CITY STREETS City of Tybee to erect all signs on city streets. 00122 STREET NAME FROM TO LENGTH SPEED Lewis Avenue 6th Street S.R. 26 0.50 25 MPH Jones Avenue 26th Street 17th St. 1.6 30 MPH Chatham Avenue Atlantic Avenue 14th St. 0.5 30 MPH Jones Avenue School Zone From 4th Street to 9th Street — a distance of 0.50 to be zoned for 25 MPH between 7:30 a.m. to 9:00 a.m. and 2:30 p.m. to 4:00 p.m. on school days only. Be it resolved that any person convicted of a violation of this ordinance shall be punished as provided for by law. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. - This.or•dinance shall be come effective when appropriate signs are erected. APPROV : M OR 51 )9 V, DATE T4C L g / / EMBER ATTESTED: 1 00123 Ordinance # AN ORDINANCE OF THE CITY OF TYBEE ISLAND, GEORGIA, CODE OF ORDINANCES, AMENDING SECTION 8 -2 -14. Gas Code Adopted. AND FOR OTHER PURPOSES. BE IT ORDAINED, AND IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL IN OPEN MEETING ASSEMBLED, THAT SECTION 8 -2 -14 GAS CODE ADOPTED BE DELETED IN ITS ENTIRETY AND A NEW SECTION TO BE ENTITLED AND ENUMERATED THE SAME, BE INSERTED IN ITS STEAD, AND READING AS FOLLOWS: Section 8 -2 -14. Gas Code Adopted. (a) The Standard Gas Code, 1982 Edition, as revised, recommended by the Southern Building Code Congress International, Inc. is hereby adopted in its entirety and is incorporated into this Code of Ordinances as fully as if set out at length herein. A copy of the gas code shall be maintained in the office of the clerk of council and shall be avail- able to the public for inspection during regular business hours. (b) If any section of this code of ordinances is in conflict with the gas code, then this code of ordinances shall control. CLERK OF COU ADOPTED THIS I(,) DAY OF 1986. YOR 1 1 00124 Ordinance # AN ORDINANCE OF THE CITY OF TYBEE ISLAND, GEORGIA CODE OF ORDINANCES AMENDING SECTION 8 -2 -13. Plumbing Code Adopted , AND FOR OTHER PURPOSES. BE IT ORDAINED, AND IT IS HEREBY ORDAINED, BY THE MAYOR AND COUNCIL IN OPEN MEETING ASSEMBLED, THAT SECTION 8 -2 -13 PLUMBING CODE ADOPTED BE DELETED IN ITS ENTIRETY, AND A NEW SECTION TO BE ENTITLED AND ENUMERATED THE SAME BE INSERTED IN ITS STEAD, AND READING AS FOLLOWS: Section 8 -2 -13. PLUMBING CODE ADOPTED. (a) The Standard Plumbing Code, 1985 Edition, as revised, recommended by the Southern Building Code Congress International, Inc. is hereby adopted in its entirety and is incorporated into this Code of Ordinances as fully as if set out at length herein. A copy of the plumbing 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. (b) If any section of this Code of Ordinances is in conflict with the plumbing code, then this Code of Ordinances shall prevail and control. 2 - (_ CLERK OF COUNCIL - ADOPTED THIS )k) DAY OF 00125 Ordinance # AN ORDINANCE OF THE CODE OF ORDINANCES, CITY OF TYBEE ISLAND, GEORGIA, AMENDING PARAGRAPH (a), Section 8 -2 -11, Building Code Adopted, AND FOR OTHER PURPOSES. BE IT ORDAINED, AND IT IS HEREBY ORDAINED, THAT SECTION 8 -2 -11, Building Code Adopted, Paragraph (a) BE DELETED IN ITS ENTIRETY, AND THE FOLLOWING PARAGRAPH, TO BE ENUMERATED AND ENTITLED THE SAME AND TO READ AS FOLLOWS: Section 8 -2 -11. Building Code Adopted. (a) The Standard Building Code, 1985 Edition, as revised, including hurricane code provisions enacted by an ordinance dated January 17, 1973 and incorporated herein by reference, recommended by the Southern Building Code Congress Inter- national, Inc., is hereby adopted in its entirety save and except 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 building code shall be maintained at the office of the clerk of council and shall be available for public inspection during normal business hours. -t CLERK OF COUNCL j- ADOPTED THIS iv DAY OF CJ 1986.