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19870108CCMeeting1 Tybee Island, Georgia January 8, 1987 The regular monthly meeting of the Tybee Island City Council was held at Tybee City Hall on Thursday, January 8, l97, at 7:30 P.M. Mayor Walter W. Parker presided and the following Councilmemters were present: Kilma McCutchen, Chris Solom on, Bill Walsh, Paul Jackson, Jean Davis and Phil O'Dell. The City Attorney, Thomas J. Mahoney, was present, as was the City Administrator, Bob Thompson. Mayor Parker welcomed those present, especially recognizing Dr. Martha Faye, Ann Crowder, Jim Snyder and Ed Lee who were on hand to represent the school board. The first public hearing to be called was brought by Richard Zittrauer, representative of Wilmock, Inc., for 1108 -1110 Butler Avenue. Mr. Zittrauer gave the background of the project, saying that permission to subdivide duplexes is being sought. One letter was read; it was from Thomas Sheehan, an adjacent property owner, who stated he has no objection to the project provided the setback requirements are followed. Mr. Zittrauer stated that variances from the property line setbacks are not being sought, only permission to subdivide. The duplexes do meet the local code, and could be built as is, except that each structure would then necessarily belong to one owner. In order to sell half a duplex, a subdivision is required. Mayor Parker offered the audience an opportunity to speak, pro or con, but no one responded. He declared this portion of the public hearing closed, saying he would return to the matter under legal business. The next hearing was presented by Roy Rowell, representing Ivie- Merritt. The petition was for a change from R -1 to R -T for Lot 8, Oceanview Subdivision. He said the request was so that the Ivie4Merritt families could build a triplex - one unit to be lived in permanently and the other two units retained for summer homes for family members. He displayed a map of the present zoning in the area, showing that the area is of mixed use - both R -T and R -1 housing, with R -T predominating. He also said that the plan had taken six to eight months to develop, since the Planning Commission and DNR's Coastal Protection were involved in early stages. Anita Merritt spoke, saying that she has lived on Tybee for two - and -a -half years, and that she wants the house for her primary home, with her two brothers owning the other two units for'Oeir secondary residences. 1 1 1 Tybee Island, Georgia January 8, 1987 Page Two Jimmy Merritt also spoke, saying he has owned property on the island since 1975. He said the.plan is to build a structure with the appearance of a single - family residence, but divided into three living units. He also said that Dr. Marland has helped with a plan to reconstruct the dunes afterwards. Bob Thomson, as Zoning Administrator, stated that the Planning Commission had recommended that the zoning map amendment be granted. Mrs. Betty McLendon spoke as a representative of the Rediesal family, saying that she is opposed to the change, giving the reasons that 1) the Rediesal family is one we should encourage, the kind of investor the island is looking for to help with Ms. Minshew's plan for a partnership; 2) there is no guarantee that this particular structure will be built and a zoning change would leave the property open for other projects, perhaps less desirable than the one described here; and 3) the erosion in this area is especially acute, water has come through the dunes onto the curve at Second Avenue and Van Horne, and the crossover structure has been shortened again. A note from Dr. Marland stating that he has no objection to the plan was read by Bob Thomson. Mr. Thomson explained that Dr. Marland also said he saw no difficulty in getting a shore permit for a triplex before the Coastal Committee for their January meeting. There were no other speakers, either Oro or con, and Mayor Parker therefore closed this hearing, saying it would Come up again later in the meeting. The next question was read by Bob Thortson. He explained that the Transitional Business /Residential Zoning is a'text change recommended by the MPC as a way to solve a problem caused by the mandatory 200' commercial strip along U.S. 80. This has caused some people with small lots, well off the highway - lots not suitable for commercial use - nct to be able to build a house. Bob Thomson explained the Planning Commission's position on the question. They did not recommend the change, recommending instead that another zoning category, such as R -T, be considered. He also stated that these lots off the highway are not really prime commercial property and are dormant and that the city has had a number of requests for building permits for houses. 1 1 1 Tybee Island, Georgia January 8, 1987 Page Three Mayor Parker asked for communications regarding this; there were none. He asked for opinions from the audience, both pro and con. The only speaker was Mrs. Marjorie Harris who asked how this fits in the Master Plan. Bob Thomson explained that the TBR Zone would be a buffer zone, taking into consideration the existing uses present as well as the fact that a R -lb Zone lies between the Commercial and the R -1 (most restrictive) Zone. The next hearing was for the text of a zoning amendment called Public Conservation District Zone. These areas were pointed out on a map of the island and include the area of Memorial Park, the Tybee Museum and North Beach, & JC Park. The wording of the proposed Zone was read. Mr. Ed Lee, attorney for the school board, spoke against the change, saying that it is in effect taking away the value of the school's property, is a form of unlawful taking, and in no way relates to the public's welfare. He read a statement that said the land and its buildings are worth four or five hundred thousand dollars and the uses described would destroy its market value. He asked that the city exclude the School property and discuss its use with the board in the years ahead. Councilmember Solomon pointed out that the final use described is "any use approved or permitted by City Council ". Ed Lee replied that the text amendment language still seems to be restricting the property to free (public) use. He added that the school , is due to close in 1989. Mr. Thomas Newsome also spoke, saying he owns the house surrounded by Jaycee Park and is planning to renovate it; he questioned what effect this zoning would have on his property. Councilmember O'Dell asked if this was the old post office building in Fort Screven and Mr. Newsome answered affirmatively. There followed a discussion of nonconforming uses and the rights and privileges of the owners of nonconforming properties. The public hearings were declared closed. Mayor Parker opened the meeting for business legally presented. The City Attorney first called the Council's attention to the folders before them in which copies of the sections of the Code of ordinances that have to do with public hearings could be found. He read into the record the criteria 1 1 1 Tybee Island, Georgia January 8, 1987 Page Four for zoning advising the Council that all decisions on zoning questions should be decided by following the ordinance, which requires that these criteria be considered. The subdivision of the duplex development at 1108 -1110 Butler Avenue was approved by motion of Councilmember Walsh, seconded by Councilmember Jackson and unanimous vote of Council. The zoning map amendment from R -1 to 14-T for Oceanview Subdivision, Lot 8, was next considered. Councilmember Davis moved its approval and Councilmember Solomon seconded. The discussion began with another ldok at the zoning of neighboring properties. Councilmember O'Dell asked about the building's footprint. Mr. Rowell stated that the structure takes up 22% of the property, parking & driveway takes 25% and that 53% will be open space. Councilmember Jackson said that he is opposed to anything other than single family in that area. Councilmember O'Dell suggested that a duplex might be better, but three units are, in his opinion, too much for the lot. The vote was then taken with Councilmembers Davis and Solomon voting for the map amendment and Councilmembers McCutchen, Walsh, Jackson and O'Dell voting against. The petition was therefore defeated. The zoning text amendment for Transitional Business /Residential zoning to be allowed within the present Commercial -Two Zone was brought up for vote. Councilmember Jackson moved its adoption, Councilmember O'Dell seconded and the vote was unanimously in favor. The text change was therefore adopted. The zoning text amendment for Public Parks /Conservation Zones was next to be considered. Councilmember Davis roved its adoption and Councilmember McCutchen seconded. During discussion Councilmember O'Dell stated that, to the school board, perhaps this action may seem like condemnation; also saying that the city may have believed that, as donor, it would get the land back if the school closed, but the city should be careful not to be unfair. Councilmember Solomon disagreed, saying he did not believe having to get the city's approval for a future use wou1d devalue the property. i 1 1 Tybee Island, Georgia January 8, 1987 Page Five He reminded everyone that the existing use is allowed. Councilmember O'Dell countered that the change would make future owners of the property come to the city for permission. Councilmember Solomon then moved that the motion be tabled; and Councilmember O'Dell seconded. Mayor Parker explained to the audience that the recommendation for creation of this zone originated in the Recreation Department, headed by Councilmember Solomon, and is intended to preserve and protect the city's public parks and promote safety for the park users. Council unanimously agreed to table the question until the next meeting, and Mayor Parker asked Councilmembers Walsh and Solomon to serve with City Administrator`Bob Thomson as a committee to study the proposed zoning text change and make a report to the full Council at the next meeting. The minutes of the December llth meeting were approved. Bills for December, 1986 were approved as follows: Water /Sewer $18,404.19 General Government $20,003.67 Police /Parking $25,867.56 Public Works /Sanitation $ 8,073.93 Fire /First Responder $ 703.65 Recreation $ 610.06 Bob Thomson then reported for the Building Inspections Department that interest rates have caused more construction, with 160 housing units, mostly single family, permitted in the past 18 months. The department stays very busy. Recently there have been a number of drainage problems which the city is trying to handle administratively. Mayor Parker reported that the plans for the city's Centennial Celebration are coming along very well with lots of competent citizens volunteering to take part. The next general meeting is scheduled for February 4th at 10:30 a.m. and the public is welcome to attend. Mayor Parker then said that the contract with Chatham County Health Department is up for renewal in the amount of $1,617.98 for Calendar Year 1987. He stated that he and Mr. Thomson are meeting with the health department staff to ask for more stringent enforcement this year as we try to ready the island for its Centennial. 1 1 Ty Ja Pa ee Island, Georgia uary 8, 1987 e Six Councilmember Davis then moved acceptance of the new contract and Councilmember O'Dell seconded. The motion passed without dissent. An increase in contract cost for hauliig of sanitary waste from the transfer station to the sanitary landfill on U.S. 17 was next discussed. The change would. be from $85.00 per haul to $105.00, and it was noted that this price has held for several years and the increase has been mandated by increased charges for use of the landfill by the City of Savannah. It was further noted that the Resource Recovery Facility on President Street Extension will eliminate this long haul, hopefully in the not - distant future. The city averages about two hauls per week each year. Councilmember Walsh moved to accept the contract increase, Councilmember Jackson seconded and the vote was unanimously in favor. A resolution for a grant for water improvements was read; Councilmember O'Dell moved its adoption, Councilmember Jackson seconded and the vote was unanimous. The Resolution is attached to, and becomes a part of, these minutes. The Second Reading of an amendment to the Fire Code was read. Councilmember Walsh moved its approval and Councilmember McCutchen seconded. The vote was unanimously in favor and a copy of this ordinance is attached, and becomes a part of, these minutes. Mayor Parker explained that Georgia Municipal Association has asked that a Resolution endorsing a 5% increase in state gasoline tax to fund developmental highways be considered, possibly as a lobbying tool for GMA. Councilmember McCutchen said she is against any tax increase and moved that the Resolution not be accepted; Councilmember Solomon seconded the motion. Councilmember O'Dell mentioned that the planned highway between Savannah and Augusta may be a boon to the local tourism industry. The vote was five in favor, one (Councilmember O'Dell) against. The motion to defeat passed, and the Resolution was not adopted. An ordinance to be known as Code Section 11 -1 -9, Obstruction of Streets, etc., was next read. Councilmember O'dell moved its acceptance, Councilmember Jackson seconded and the motion passed by unanimous vote. A second reading followed, with an identical motion and vote. The ordinance was therefore adopted, and a copy is attached to, and becomes a part of, these minutes. 1 Tybee Island, Georgia January 8, 1987 Page Seven A First Reading of an amendment to the alcoholic beverage ordinance, Section 9 -2 -9, followed. Councilmember O'D 11 moved, and Councilmember Solomon seconded, adoption of the amendment. The vote was unanimous in favor. A second reading followed immediately, with identical Motion and vote. The ordinance was therefore amended, and a copy of the new Section 9 -2 -9 is attached to, and becomes a part of, these minutes. From the audience, Jim Kluttz questioned whether this means a beer can be drunk from a paper cup on the beach. The answer was affirmative. Mayor Parker saidlthat the ordinance is intended to protect us somewhat from the more dangerous forms of litter like glass and metal containers, and make it easier for the Police Department to patrol the beach. Mayor Parker announced that three members of the Recreation Board have terms that expired at the end of the year, and that the Recreation Committee has recommended their re- appointment: Mallie Clark, Dorothy vanWinkle and Venetia Butler. There were no objections and the appointments were approved; the terms are for two years, or until December 31, 1988. Councilmember McCutchen announced there will be a Firemen's Appreciation Day in March. There were no other announcements, and the meeting was adjourned. 1 1 1 # 1987 -1 AN ORDINANCE OF THE CITY OF TYBEE ISLAND CODE OF ORDINANCES, DELETING SECTION 8 -2 -11 (c) and SECTION 4- 2 -23(c) BEING PORTIONS OF THE TECHNICAL CODE FOR FIRE SAFETY, AND FIRE PREVENTION, RESPECTIVELY, AND SUBSTITUTING IN THEIR STEAD SECTIONS TO BE ENUMERATED THE SAME, AND READING AS FOLLOWS: IT IS ORDAINED BY THE MAYOR AND COUNCIL OF THE CITTY OF TYBEE ISLAND, IN OPEN MEETING ASSEMBLED, THAT THE TYBEE ISLAND CODE OF ORDINANCES, SECTION 8- 2 -11(c) and 4- 2 -23(c) BE DELETED IN ENTIRETY, AND THAT THE FOLLOWING SECTIONS, ENUMERATED AND ENTITLED THE SAIME, BE INSERTED IN THEIR STEAD: "IN ALL MULTIFAMILY STRUCTURES OF MORE THAN TWO UNITS, EACH DWELLING UNIT SHALL BE SEPARATED BY EITHER 1) A FOUR -HOUR FIRE WALL AS SPECIFIED BY THE 1981 LIFE SAFETY CODE OF THE NATIONAL FIRE PROTECTION ASSOCIATION; OR 2) EACH UNIT SHALL BE FULLY SPRINKLED BY A SYSTEM CONFORMING TO NFIPA STANDARD 13 AS MODIFIED BY NFIPA 231 AND NFIPA 231(c) AND INSTALLED BY A FIRM HOLDING A VALID GEORGIA STATE ICOMPETENCY CERTIFICATE. ALL TWO- FAMILY STRUCTURED DWELLING UNITS SHALL BE SEPARATED BY A TWO -HOUR FIRE WALL AS SPECIFIED BY THE 1981 LIFE SAFETY CODE OF THE NATIONAL FIRE PROTECTION ASSOCIATION. IN THOSE AREAS DESIGNATED AS V -ZONES ON NFIP MAPS1PUBLISHED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY, ONLY "2" ABOVE SHALL BE PERMITTED." CLERK OF COUNCIL &-tr First Reading: December 11, 1986 Second Reading: January 8, 1987 Enacted: January 8, 1987 1 # 1987 -2 AN ORDINANCE OF THE CITY OF TYBEE ISLAND, GEORGIA ADOPTING AN ORDINANCE TO BE ENTITLED "Obstructing Streets, Sidewalks or Other Public Passages Prohibited ", AND ENUMERATED UNDER TITLE 11 General Offenses, SECTION 1 Personal Conduct, Paragraph 9 AND READING AS FOLLOWS: BE IT ORDAINED, AND IT IS HEREBY ORDAINED B THE MAYOR AND COUNCIL IN OPEN MEETING ASSEMBLED, THAT THE TYBEE ISLAND CODE OF ORDINANCES, TITLE 11 GENERAL OFFENSES, SECTION 1 PERSONAL CONDUCT, PARAGRAPH 9 OBS RUCTION OF STREETS, SIDEWALKS AND OTHER PUBLIC PASSAGE§ PROHIBITED, BE ADDED: Section 11 -1 -9. Obstruction of Streets, Sidewalks & Other Public Passages; Prohibited. A person who, without authority of law, purposely or recklessly obstructs any street, sidewalk, or other public passage in such a way as to render it impassable without unreasonable inconvenience or hazard and fails or refuses to remove the obstruction after receiving a reasonable official request or the order of a peace officer that he do so, is guilty of a misdemeanor. Adopted this day of \--CLERK OF COUNCIL First Reading: January 8, 1987 Second Reading: 1 -6 -497 Enacted: i_0437 1 1 # 1987 -3 AN ORDINANCE OF THE CITY OF TYBEE ISLAND, GEORGIA CODE OF ORDINANCES, INTENDED TO DELETE CODE SECTION 9 -2 -9 Consumption of Alcoholic Beverages and malt beverages upon streets, parking lots, public beaches, etc., AND TO SUBSTITUTE IN ITS STEAD THE FOLLOWING PARAGRAPH TO BE ENUMERATED AND ENTITLED THE SAME: BE IT ORDAINED, AND IT IS HEREBY ORDAINED, BY THE MAYOR AND COUNCIL IN OPEN MEETING ASSEMBLED, THAT THE TYBEE ISLAND CODE OF ORDINANCES SECTION 9 -2 -9, CONSUMPTION OF ALCOHOLIC & MALT BEVERAGES UPON STREETS, PARKING LOTS, PUBLIC BEACHES, ETC. It shall be unlawful for any person to drink or attempt to drink any vinous liquor or any intoxicant from a can, bottle or glass or to possess in open cans, bottles, or glasses any spiritous, malt or vinous liquor or any intoxicant on the public streets,. parking lots, sidewalks, walkways or public beaches in the City of TybeeIsland. Any person violating any provisions, rules or regulations of this section upon conviction shall be subject to punll.shment as provided in Section 1 -1 -8 of this Code and as provided in the laws of the State of Georgia. Adopted this day o , 1987. CL RK OF COUNCIL First Reading: January?), 1987 Second REading: ). g -197 Enacted: 1_8197 MAYOR RESOLUTION WHEREAS, The City of Tybee Island, Georgia completed project planning and initiated the improvement of certain water lines in order to increase fire - fighting capability and water pressure and to eliminate problems caused by aging, dead -end lines so as to provide better water service to the citizens of Tybee Island; and WHEREAS, The Georgia Environmental Facilities Agency and the Georgia Department of Natural Resources, Environmental Protection Division, Water Quality Control Section, do provide funding for projects of this and similar nature; and WHEREAS, The City of Tybee Island has prepared a preapplication for grant funds in the amount of $46,090.00, and has budgeted $14,000.73 in city funds for the city's share of the funding for the aforementioned project, NOW THEREFORE BE IT RESOLVED, AND IT IS HEREBY RESOLVED, IN OPEN MEETING ASSEMBLED, THAT THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND, GEORGIA, DO EARNESTLY SEEK FUNDING FOR THE PROJECT HEREIN DESCRIBED. CLERK OF COUNCIL