HomeMy Public PortalAbout19860710CCMeeting (2)00140
Tybee Island, Georgia
July 10, 1986
The Tybee Island City Council held its regular monthly meeting
a,t Tybee City Hall on Thursday, July 10, 1986, beginning at 7:30 p.m.
Mayor Walter W. Parker presided and the following members of City Council
were present: Paul Jackson, Phil O'Dell, Jean Davis, Bill Walsh, Kilma
McCutchen and Chris P. Solomon. City Attorney Thomas J. Mahoney, Jr. was
also present. In the absence of the Clerk, Mrs. Rose E. Lanier acted as
Deputy Clerk. Bob Thompson, City /Zoning Administrator was also absent.
Mayor Parker invited visitors to speak. The first to do so was
Ron Harold, representing a group of five 16th Street merchants who want to
close 16th Street to traffic July 16th through 20th for a street festival
in cooperation with radio station Z -102. Councilmember Jackson questioned
whether it would not be better to use one of the parking lots, and also
asked if the police would find this a problem. Mr. Harold explained that
the merchant group has experienced a problem with getting pedestrians to
visit their businesses because of drunken and rowdy behavior in the area,
and hope that the festival will encourage family groups to walk through
this business section and patronize businesses such as the kiddy rides.
Mayor Parker promised to bring this question to a vote during the business
meeting.
The next visitor was Dale Daley who explained a problem with the
van used to contain floats & beach equipment for rent, saying that his van
has been barred from his regular parking space on the beachfront. After some
• discussion, it was agreed that the problem leading to the action by police
barring all vans from the parking lot has been corrected, and that Mr. Daley
will now be allowed to use a van during his operational hours to contain
equipment, provided the van is moved at the end of each business day.
Mayor Parker then - opened the meeting for a public hearing for a
subdivision of one lot into two by petitioner Laignelot for property on Bay
Street. Mr. Laignelot introduced Randy Warner, who plans to build on the
lot thus divided. Each lot would total 22,243 square feet. Zoning requires
12,000 square feet for a single residence, so the problem is not with zoning,
but with a requirement for minimum lot width found in the subdivision ordinance.
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July 10, 1986
Mr. Robert Wheat was the first speaker, saying he is neither for
nor against, but that he thought the City Council should know that the Zoning
Board of Appeals would have heard this question at their recent meeting except
that one neighboring property owner had not been notified. He further stated
that the Planning Commission had no rational reason to approve the request.
He also called attention to restrictions on reasons for variances which are
listed in the Code.
The owner spoke, saying that the land can easily be subdivided in
a manner so as to meet the 60' minimum lot requirement of the subdivision
ordinance, but to do so would cause more dune disturbance and be less ecologi-
cally desirable - he stated the reason for requesting this particular subdiv-
ision plan is to provide maximum protection of the dune ridge, and place the
houses farther from the wax myrtles, thus causing less disturbance of the
coastal environment. He has already held meetings on site with the Coastal
Protection Section of DNR. During questioning by Council, it was stated that
a Coastal Permit will be sought, and Mayor Parker informed the audience that
the city does not have the power to make a final decision on sites for the
proposed two houses - this will be decided by the state, and the city's only
role is to cooperate with the state in seeing that their requirements are
followed.
Councilmember Chris Solomon asked whether there are not restrictive
covenants on this property, and if so, whether the city is responsible for
seeing they are upheld. City Attorney Mahoney answered negatively, saying
that the covenants would prevail, but that the city has no responsibility to
research any such covenants. The owner stated that no covenants preventing
his proposed action exist.
The adjacent property owner, Mrs. Charles Silva, spoke, asking first
for the project to be explained to her, and then stating that she is against
the project because she wants her single family neighborhood protected.
There were no others present who wished to speak. No letters had
been received.
City Attorney Mahoney noted that the square footage is adequate for
for single family density & the lots can be subdivided but the variance is sought
because the owners believe it would make a better division for topographical reasons.
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July 10, 1986
Mayor Parker regretted the absence of the Zoning Administrator who has reviewed
the site plan carefully with the owners and the City Attorney.
The owner reiterated that the subdivision of one lot into two has
been designed for minimum impact on the coastal environment, and that the plans
for the houses must be submitted to DNR for approval.
Mayor Parker promised to bring this matter to a vote during the
regular business meeting.
The meeting was opened for business legally presented.
Mayor Parker spoke concerning a Resolution honoring L. Jefferson
Dukes who recently resigned as Chairman of the Planning Commission and the
Zoning Board of Appeals and as member representing Tybee on the Coastal Area
Planning & Development Board's Citizen Advisory Committee for Local Government.
Mayor Parker spoke of his personal enjoyment in presenting awards so well -
deserved as this one, saying it is the most pleasant part of being the town's
Mayor. He then presented Jeff with the Resolution, and with a wall plaque
honoring him for his work as editor and primary author of the city's 20 -year
comprehensive land use plan of 1985. . There was enthusiastic applause from the
audience, and an appropriate response from Mr. Dukes.
Mayor Parker then brought up the vote on the festival closing 16th
Street on July 16th - 20th. There was some discussion concerning which hours
would be optimum, with the result that the closing would be limited to four
hours each day, but the hours would be decided later after consulting the
merchants and the police department. This agreed upon, the motion passed
without dissenting vote.
The subdivision of the Laignelot parcel on Bay Street into two lots
was next considered, with Councilmember Jackson moving to grant the petition,
and Councilmember Davis seconding. Councilmember O'Dell remarked that he can't
see any but beneficial results from this action and Councilmember Solomon
agreed, asking the City Attorney again if the Council is free of trouble if
deed restrictions are later found. The answer was that the city is not respon-
sible for researching the deed covenants, and the vote was taken and was unani-
mously in favor of granting the petition.
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Page Four
July 10, 1986
Minutes of the June meeting were approved as written.
Bills for the month of June were approved as follows:
Water /Sewer $12,206.50
General Government $ 6,065.80
Police /Parking $ 9,854.91
Public Works /Sanitation $14,674.74
Fire /First Responder $ 3,813.87
Recreation $ 1,147.94
It was announced that two other subdivision requests, Rowell &
Zittrauer, petitioners, were postponed at the request of the petitioners
because their presentations were not ready for this month's meeting. It
was also announced that a flood ordinance variance being sought by Mr. Dean
Nichols was postponed at the request of his attorney. Mayor Parker stated
that, in all probability, these questions will all be heard at the August
meeting.
John Jarvis, a citizen, asked opportunity to speak, apologizing for
his late arrival. He complained that the parking lots are being closed early,
keeping local citizens from riding down late in the evening to enjoy the ocean.
He also informed everyone that the state has budgeted 47 million dollars to
Lake Lanier and 27 million to Perry, GA for recreational projects. He asked
why the city cannot get similar funding.
Mayor Parker answered that the parking lots had been closed due to
problems handling rowdy /drunken /fighting crowds, especially on weekends. Coun-
cilmember Solomon stated that he believes many citizens are displeased by the
closing of the lots, and asked that the Police Committee discuss this issue.
City Attorney read a Resolution requesting the four - laning of Tybee
Road. Councilmember Solomon moved its adoption, Councilmember Walsh seconded
and the vote was unanimously in favor. A copy of this resolution will be sent
to Mr. Downing Musgrove, our representative on. the DOT Board.
Councilmember Davis moved that a business license fee of $60.00 /year
be set for a tour bus license. Councilman Solomon seconded the motion and it
passed unanimously. This fee will be added to the non - codified ordinance
known as the business license fee schedule.
Cdttincilmember O'Dell introduced a motion to transfer a liquor license
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Page Five
July 10, 1986
from Nick Alexander to D. C. Faulkner. Councilmember Solomon seconded the
motion, and it passed unanimously.
City Attorney Tom Mahoney read, on First Reading, an ordinance
adopting Code Section 9 -1 -20 (Peddlers' License): Councilmember Walsh moved
that the first reading be accepted as read; the motion was duly seconded
and discussion followed. It was suggested that the wording should be carefully
studied, since the intention of Council is not to create a stumbling block for
local organizations and citizens who engage in fundraising events periodically.
The vote was four in favor (O'Dell, Davis, McCutchen & Walsh) and two against
( Jackson and Solomon). The ordinance was therefore accepted on First Reading
and will be read again at the next regular meeting.
An ordinance amending Code Section 2 -5 -2 Court Costs was next read
by the City Attorney.. He explained that the state now requires a certified court
reporter be present at every session of Recorder's Court and that transcripts be
made if requested. To offset this increased cost, the ordinance needs to be
amended to raise the court costs fee to $5.00, rather than $3.00 as it presently
stands. Councilmember Solomon moved adoption of the ordinance, Councilmember
O'Dell seconded and the vote was unanimously in favor. A second reading then
followed immediately, with the same results. This ordinance was therefore
adopted, and a copy is attached to, and becomes a part of, these minutes.
There being no further business, the meeting was a ed.
LERK OF COUNCIL
MAYOR
Ce145
ORDINANCE #1986-16
AiN ORDINANCE OF THE CITY OF TYBEE ISLAND, GEORGIA, CODE
F ORDINANCES DELETING SECTION 2 -5 -2, COURT COSTS - AMOUNT.
AND SUBSTITUTING IN LIEU THEREOF A NEW ORDINANCE, SECTION
2 -5 -2, COURT COSTS - AMOUNT.
E IT ORDAINED, AND IT IS HEREBY ORDAINED, that Section 2 -5 -2
as stated i deleted and a new Section 2 -5 -2 is enacted as follows:
Section 2 -5 -2. Court Costs - Amount.
There shall be assessed and imposed an administrative "cost
of court" charge of five dollars ($5.00) against every person convicted
of an offense as charged in a citation issued by a duly authorized law
enforcement officer of the city (Code 1970, Sec. 2 -17).
ADOPTED this 10th day of July
T
Clerk of Council
1st Reading: 7 -10 -86
2nd Reading: 7 -10 -86
Adopted: 7 -10 -86
, 1986.