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HomeMy Public PortalAbout19860814CCMeeting1 1 Tybee Island, Georgia August 14, 1986 The Tybee Island City Council held its regular monthly meeting on Thursday, August 14, 1986 at 7:30 p.m. Mayor Walter W. Parker presided and the following members of Council were present: Jean Davis, Paul Jackson,IPhil O'Dell, Bill Walsh, Kilma McCutchen and Chris Solomon. City Attorney Thomas Mahoney and City Administrator Bob Thomson were also on hand. Mayor Parker opened the meeting by welcoming a delegation from the CEL Library: Ms. Irma Harlan, Director; Mrs. Sol Clark, Board Member; and members of the local library committee Jeanne Hutton, Betty McLendon, George McDonald and Mary Locklear. Plans for the new library were available, and Mayor Parker told the delegation that Mr. Mahoney will be working with the County Library Board attorney to provide the deed to go with the plat already prepared. The new library will be sited immediately south of City Hall. Bobby Sanks was the next visitor. He represented a group asking permission to hold a free contemporary Christian music concert on Saturday, August 16th at 7 - 9 p.m. in the area of the 14th Street parking lot. Mayor Parker promised to bring this question during the regular meeting. The next person to speak, was attorney Dwight Feemster, representing Mr. & Mrs. Dean Nichols in their petition for a flood damage control ordinance variance. He stated that the Nichols have been put under hardship,, their flood insurance cancelled, because they were caught by what seems to be a change in the interpretation of the ordinance in question. He presented two certificates of elevation - one shows that the living quarters are above 17 feet and the other claims the elevation is just over 9 feet. Mr. Nichols also spoke, saying that there is provision in the ordinance to grant a variance to a house that is on less a half acre, in a neighborhood where houses are predominantly ground- level. The lower floor of the Nichols' residence contains a garage, a storage room, a laundry with washer, dryer & sink and 1 1 Tybee Island, Georgia August 14., 1986 Page Two a bathroom. The owner's attorney maintains that removal of the laundry and bath, both of which are On the original house - plans approved by the city, would be an expensive hardship to the owner. Mayor Parker promised to bring the question up when the meeting opens for business legally presented. Dan Brown then spoke forlthe Tybee Museum, pre - senting a proposal for cooperative effort between the city and the museum to obtain permission from the United States Coast Guard to operate the lighthouse property as an educational and historic site. A copy of the proposal i$ attached to, and becomes a part of, these minutes. This question will be considered during the business portion of the meeting. Tommy Clark and Rick Hogan appeared to ask the city's help to obtain sewer for a section of Bay Street, saying that the land in question is very close to the wastewater treat- ment plant and it is ironic that there is no sewer available. Mayor Parker then openedla public hearing on a subdivision petition called Marsh Winds. The developer, Roy Rowell, spoke. There were questions raised about one marsh lot and about a proposed one -way access street. Approval. Of Planning Commission was noted, and no one in the audience wished to speak, pro or con. The matter will be brought up during regular business. Mayor Parker then opened a second Public Hearing, a petition to subdivide property on the strand between llth & 12th streets, commonly known as the "Bull Tract ". Richard Zittrauer spoke for the developers, saying that the original house will hopefully be retained, and that four duplexes (8 units) additional are planned. All lots exceed minimum density, but the access road would be 15 feet rather than the 20 feet required in the ordinance. Jim Monaghan, speaking for the Planning Commission, said that the Subdivision was recommended for approvale but that the Planning Commission left Council, who hold the power to vary, the option of 1 Tybee Island, Georgia August 14, 1986 Page Three deciding the question of the access road'!s width. Bob Thompson noted that the easement for access is a design consideration and could be addressed later. Jeanne Hutton, from the audience, spoke against granting an easement for access, mentioning that city services will be provided and that narrow lanes on the beach side of Butler can be a problem - garbage trucks now have to back out of some of these lanes. Richard Zittrauer stated that the developers are also concerned about providing the safest possible access, but that the size of lots, and the required setbacks, mandate no more than 15 feet. Jeanne Hutton cited the Master Plan, saying that lane width was considered to be one of the major problems of Neighborhood 7. Jim Monaghan spoke again, saying that the Planning Commission felt it best to leave the decision on the lane width to Council to decide because there are a number of topographical problems in the area. The public hearing was closed. Mayor Parker then opened the meeting for business legally presented. His first action was to ask Rose E. Lanier to come forward. He said that 90% of the calls Oming in to City Hall are people asking for "Betty ", and he commended her for working espec- ially hard this summer during the Clerk's illness. He then told Council that he wished to officially appoint her as Deputy Clerk and Assistant Zoning Administrator, and the Council concurred. Mayor Parker then introduced Mary McAfee, and appointed her as liaison member of the Zoning Board of Appeals for the Planning Commission, a position that has been vacant since Jeff Dukes resigned. Local ordinances require a member of the Planning Commission serve on the Zoning Board of Appeals. Mary McAfee will fill the seat left vacant by Lou Arcangeli's resigna- tion. 1 Tybee Island, Georgia August 14, 1986 Page Four Mayor Parker asked the City Attorney, Tom Mahoney, to look into legal questions surrounding the deed for the library site, working with the county attorney, and acting for the city. Mr. Mahoney agreed, saying that after the questions are answered, he will bring a Resolution and Deed for Council's consideration. Councilmember Solomon moved that Dan Brown be asked'to represent the city in negotiating with the USCG on the Tybee Lighthouse property proposal. Councilmember Davis seconded and the motion passed unanimously, with Mayor Parker saying that he will appoint one of the members of Council to work with Mr. Brown. Mayor Parker then suggested to Council that the Water /Sewer Committee, with Department Head Art Harden, consider the Clark -Hogan request for sewer service on Bay Street. Council- member Solomon, saying that 30 days waiting for a Council decision might be a hardship, moved that the committee, with the Administra- tor, be givdn power to act. Councilmember Jackson seconded, and after discussion of the ordiannces governing who pays - city or developer - the vote was unanimously in favor of turning the matter over to the water /sewer committee, City Administrator, and W/S Superintendent. The Nichols petition for flood variance was next discussed. Councilmember Jackson stated that he considers the owners to be under genuine hardship, moving to grant the variance. Councilmember Davis seconded. Councilmember Walsh agreed that the hardship exists, but reminded everyone that there may be a danger of setting a precedent, since there are probably many-others with similar problems, indluding himself as one of those who were allowed by the city to put a laundry and /or bathroom on the lower floor several years ago. He also reminded his fellow Council - members that the city needs to avoid fur her problems with the FEMA agency. Councilmember O'Dell state that he agreed with Councilmember Walsh that the city cannot afford to jeopardize its standing with the federal flood control people. Councilmember Tybee Island, Georgia August 14, 1986 Page Five Solomon stated that the city does not grant variances easily but that he tends to agree with Councilmember Jackson that a true hardship exists in this case. The Vote was taken and was tied, with Councilmembers Jackson, Davis and Solomon voting affirmatively and Councilmembers O'Dell, Walsh and McCutchen casting negative votes. The motion to grant the variance was defeated by Mayor Parker's negative vote, breaking the tie. Bobby Sanks,was given permission to have the Christian concert in accordance with stipulations made earlier. Bills for July, 1986 were approved as follows: Water /Sewer $23,406.82 General Government $17,412.97 Police /Parking /Lifeguards $11,955.55 Fire /First Responder $ 4,227..47 Recreation $ 1,555.96 July 10th minutes were approved. Bob Thompson made a report on Planning /Develop- ment for the year, saying that building has exceeded four million dollars in construction costs, and he estimates as much as seven million for the year. The month of Julyi, permits were issued for $310,000 construction. The number of housing units was unknown. He also stated that the city has retained a consulting firm to come up with preliminary design and costs estimate for the pier /pavilion and should be ready to meet with city officials the week of August 26th. Councilmember Solomon moved to accept the Planning Commission's recommendation and grant the subdivision called Marsh Winds. Councilmember Davis seconded. Councilmember Walsh expressed concern about the one -way street plan, and about the possible expense of culvert - would his public works department bear the cost, or would the developer? It was noted that the developer would have to pay for culvert,, if necessary, but that the Naylor end of the street is already culverted. Councilmember McCutchen said she is concerned about Lot #1, the marsh lot. Tybee Island, Georgia August 14, 1986 Page Six Mayor Parker said that the city can't issue a building permit for that lot until the state and /or Corps of Engineers approves if marsh is involved. The vote was unanimously in favor of granting the petition to subdivide. The Zittrauer subdivisions petition was next considered. City Attorney Mahoney counseled that approval of the subdivision plat would include approval of the 15' access lane since this is shown on the plat. There was lengthy discussion of a sewer line with manhole located within the property with an understanding finally reached that the city would either be granted an easement or the line would be relocated so that the city sewer, and the seven or so houses served by it, would not be inaccessible in future. Councilmember Solomon moved that the subdivision pe- tition be granted, Councilmember Davis seconded and the vote was unanimously in favor. Mayor Parker announced that the free parking on Wednesdays, as a feature of the joint city /chamber "Welcome Wednesdays" promotion, will continue through the month of August. He also announced that the Tybee Jubilee will be held on the last weekend in September - the 26th, 27th & 28th. He added that the Chamber needs volunteers and that the project is lots of fun for those who participate. A Second Reading of Code Section 9 -1 -20, the vending prohibition ordinance, followed. Cbuncilmember Walsh moved its adoption and Councilmember Solomon seconded. Council - member Davis questioned whether this ordinance might not make it more difficult for local clubs, schools and similar organizations to do their fund raising and there was general discussion of this point with consensus that this is definitely not the intent of the ordinance. The vote was five to one, with Councilmember Davis casting the dissenting vote. The ordinance was adopted, and a copy is attached to these minutes. City Attorney Mahbney st t that the Georgia Code allows alcoholic beverage sales on election days to be adopted by 1 1 Tybee Island, Georgia August 14, 1986 Page Seven Resolution rather than by ordinance. He then read a Resolution for this purpose. Councilmember O'Dell moved its adoption, Councilmember Solomon seconded and the vote was unanimously in favor. A copy is attached to these minuftes. Councilmember Solomon informed the audience that a consulting firm, Leonard, Call & Taylor of Myrtle Beach, S.C. (having a branch office on Hilton Head Island); an architectural firm, Lominack, Jewett & Spencer of Savannah; and Thomas & Hutton Engineering Company have been retained to do a feasibility & cost study of the pier /pavilion. There being no further business, the meeting was adjourned. CLERK OF COUNCIL THE TYBEE MUSEUM ASS9CIATION FORT SCREVEN TYBEE ISLAND. GA.- 31328 PHONE (912) 786.4077 Recommendation to the Tybee Island City Council on the Operation of the Tybee Island Lighthouse by the Tybee Museum As ociation Situation The five acre Tybee Island Lighthouse Reservation is located on the north end of Tybee Island and is owned by the U.S. Government and operated by the United States Coast Guard. Real Property on the reserva- tion includes the Tybee Lighthouse (brick construction, 150 foot tall, circa 1868), three lighthouse keepers cottages (aluminum sided frame cottages circa 1868 and before), two brick support structures, apartment complex (cement block, 4 unit) paved entrance road, parking area, heliport, and radio tower /antenna. The Coast Guard plans to continue the operation of the Lighthouse as an automated rear channel marker and a base for remote radio equipment. The cottages and apartment complex have been vacated as part of an austerity move. Two employee - owned and occupied trailers remain on pads on the reservation until those employees transfer. Current plans call for the facility to be vandal proofed by the boarding up of doors and windows and possible addition of a hurricane fence around all structures. Recommendation The Tybee Lighthouse is the most significant historic structure and landmark on,L bee Island. The Tybee Museum currently opens the Lighthouse to the public for tours on Saturday afternoons in the summer. With a minimum amount of publicity, attendance has averaged over 100 people per afternoon. The development of this facility as an education and historic site, open to the public on a regular basis, would prove extremely beneficial in promotion of Tybee Island as a tourist destina- tion and would offer an exceptional compliment to the beach and Tybee Museum. Such an operation would also be far more preferable than an abandoned, boarded -up facility. Since the Coast Guard wishes to con- tinue utilizing the lighthouse as described above, they are not in- terested in disposing of the site. They would however, be willing to negotiate for the possible long term lease of the site for educa- tional purposes. We, the Board of Directors of the Tybee Museum Asso- ciation, propose that the City of Tybee Island and the Tybee Museum Association negotiate jointly with the Coast Guard for the operation of the Lighthouse reservation as a historic attrafction. We further request that the facility be operated by the Museum Association with the guidance and support of the city. Since the :intent of the Coast 2 Guard is to save money. any lease would require the leasee to be res- ponsible for most maintenance to the facilities and grounds. Since management responsibilities would be significant and revenues from a modest entrance fee would not support the cost, we propose the follow- ing: 1. The Association would hire a full time director with museum experience to be responsible for management of the site in con- junction with the Tybee Museum. 2. Two cottages would be gradually restored for use as a lighthouse history museum, giftshop, offices, and storage. One cottage would serve as the director's residence. 3. The apartment complex would be rented to individuals as residences with the resulting income to help pay operational expenses. 4. The Lighthouse and accompanying history museum would be open to the public on a regular basis and operated jointly with the Tybee Museum. There is no doubt that this is an energetic undertaking and the Coast Guard may not agree to terms permitting the sublet of facilities. We do feel. however, that we can operate an attractive and self - sustaining program in this manner. The Museum Association is committed to insuring the protection and preservation of this historic landmark. Further more we would like to keep it attractive and accessible to visitors, An attraction of this importance would significantly enhance the ropularity of Tybee Island as a destination location for visitation, thereby, contributing to the economic wellbeing of the community. We are soliciting the support of the City toward this end. Daniel W. Brown President Tybee Museum Association 1 1i ORDINANCE # / 7 AN ORDINANCE OF THE CITY OF TYBEE ISLAND, GEORGIA, CODE OF ORDINANCES DELETING SECTION 9-1-20, SALES ON STREETS, STRAND, BEACH OR PARK; PROHIBITED WITHOUT PERMISSION; EXCEPTION. AND SUBSTITUTING IN LIEU THEREOF A NEW ORDINANCE, SECTION 9 -1 -20, SALES ON STREETS, STRAND, BEACH OR PARK; PROHIBITED. BE IT ORDAINED,•AND IT IS HEREBY ORDAINED, that Section 9 -1 -20 as stated is deleted and a new Section 9 -1 -20 is enacted as follows: Section 9 -1 -20. Sales on Streets, Strand, Beach or Park; Prohibited. The City Council of the City of Tybee Island, Georgia, has made the following findings: (1) That the public beach and streets and parks are public areas which are open and accessible to all persons; (2) That the public beach, streets, Strand and public parks of this City are maintained and subjected to reasonable regulation by this Council in order to promote the health, safety, welfare and morals of all persons; (3) That said areas provide a unique area for all persons to pursue peaceful relaxation and quiet enjoyment in a reasonable manner; (4) That it is desirable and necessary to preserve the unique nature of the areas referred to hereinabove and to protect all persons who utilize those areas from undue annoyance, disturbance and inconvenience, and for those reasons, the City Council of the states: ity of Tybee Island 1 (5) It shall be unlawful for any person, firm or corporation to sell or offer for sale any goods, wares, merchandise or food on any of the public streets, or on the Strand, or on the beach, or in any public park, or to solicit from any person for the purchase of any goods, wares, merchandise or food which will annoy or bother any person or persons who are pursuing peaceful relaxation and quiet enjoyment within the confines of the City of Tybee Island, Georgia, or on the Strand, or on the beach located therein or adjacent thereto. This prohibition shall not be construed to prohibit the display, offering for sale or sale of any goods, wares, merchandise or food immediately in front of the place of business of the seller, provided the seller has a buliding from which his business is being operated. This prohibition shall not be construed to prohibit the City Council from the issuance of a temporary permit to allow any such sales at designated times and places where, in the discretion of such governing body, those sales will not annoy, bother or harass the citizens and visitors of Tybee Island. &AA...., C_ rk of Council ADOPTED this 1st Reading: 1 -10 - � c 2nd Reading: , `t ._� ( , Adopted: r , , k4 g (o 1 A RESOLUTION WHEREAS, the Official Code of Georgia Annotated provides in Title 1, Section 3- 20(2)(A) in part that no person knowingly and intentionally shall sell or offer to sell alcholic be erages on any election day; and, WHEREAS, said Section further provides.in cart that the local governing authority of any County in which the Sale of alcoholic beverages is nuthnrized and the local governing authotity of any municipality in which the sale of alcoholic beverages'is authorized may, by nrdinnnce, resolution, or referendum, authorize the sale of alcholic beverages on nny election days; and, WHEREAS, the City of Tybee Island, Georgia, and the County of Chatham are authorized to sell or offer for sale alcoholic beverages; and, WHEREAS, it would he desirable to relieve the restricted sale or offering for sale of nlcholic beverages on election days In a community which is comprised of residential and resort facilities: NOW, THEREFORE, LET IT BE RESOLVED that the City of Tybee T'lind, (:,7,,rgla, In open meeting duly assembled, hereby authorizes the sale and the offering for sale of alcholic beverages on any election days within the confines of the City Limits Of the City of Tybee Island, Georgia. ADOPTED AND APPROVED, this / day of 1986. Attest: Cl rk of Council MAYOR