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19860710CCMeeting (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. 1 Tybee Island, Georgia Page Two 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. 1 1 Tybee Island, Georgia Page Three 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. 1 x.43 Tybee Island, Georgia 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 1 Tybee Island, Georgia 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.