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19870212CCMeeting1 1 Tybee Island, Georgia February 12, 1987 The Tybee Island City Council held its regular meeting on Thursday, February 12, 1987 at 7:30 p.m. at City Hall. Mayor Walter W. Parker called the meeting to order and the following members of Council were present: Chris P. Solomon, Kilma McCutchen, Bill Walsh and Jean Davis. Phil O'Dell and Paul Jackson were absent. The City Attorney and the City Administrator were present. Minutes were recorded by the Deputy Clerk, Rose E. Lanier, in the absence of the Clerk who was attending the Clerks' Institute in Athens. Mayor Parker continued the public hearing on a zoning text change entitled Public Parks /Conservation. He first called on Ed Lee, Counsel for the Chatham School Board, acting both on behalf of the board and of a private landowner, Mr. Newsome. He was informed that all private lands had been excluded from the area covered in the ordinance, and maps were indicated to illustrate this fact. Mr. Lee spoke against rezoning the land belonging to the school board, calling it condemnation without compensation. Mrs. Dottie Kluttz was recognized by Mayor Parker. She questioned whether the land was not Tybee land, donated to the school board for the specific purpose of building a school, and if so, why it would not come back to the city if no longer used as a school. Mr. Lee replied that there had been a reverter clause, but this had been removed in 1954 when the state expended a large amount of money on construction, and requested legal title. Mrs. Kluttz remarked that it still seemed to her to be taking the land from the Tybee people, if it is sold by the school board. Mayor Parker stated, in response to a question, that he has been informed that the date of the school's closing will be 1990, only two years away and, according to the present deed, the school board is free to sell the land to any private developer. Mrs. Kluttz asked if the school board has offered to negotiate with the city regarding future use of the land. Mayor Parker answered negatively, . saying that he has heard informally that the superintendent is willing to talk about it, but has not been invited to a meeting or contacted officially at all. Mayor Parker then recognized Jeff and Angel Schroeder, informing the audience that the Schroeders were victims of a tragic fire the night before. Tybee Island, Georgia February 12, 1987 Page Two Jeff Schroeder spoke to the Council about better inspection and enforcement, saying that something should be done about the south end of the island where there is so much squalor and filth, and inadequate sanitation. He said the Barbee apartments were a time bomb and fire trap. He explained that he and his wife have lost nearly everything they'd worked for, and that people should not be allowed to live in houses dangerous to their neighbors. Mayor Parker responded sympathetically, saying that he knows the Schroeders spent many hours renovating their property, and that they are feeling angry. Mrs. Schroeder raised the question that she had expected to be on the agenda petitioning for a zoning change, but that the item is not on the agenda. Mayor Parker gave the background, for information of those present, that the Schroeders had asked that their neighborhood be rezoned residential, rather than commercial, primarily for reasons to do with financing of a home loan. Mrs. Schroeder responded by saying her neighborhood is primarily single family housing, that the area was the first to form a Neighborhood Watch, and wanted decent family homes. Mayor Parker responded that he sympathized with the Schroeders concerns, and that Council will certainly be willing to update or change codes if necessary. Mr. Schroeder replied that it is not a matter of new codes, but rather of enforcement. He said they had told the Planning Commission of the problems in their neighborhood and were laughed at. Mayor Parker replied that he has never laughed at their concerns, but that he doesn't believe tonight is the time to talk about the zoning issue, while in the midst of a tragedy. Mr. Fitz Simmons stated that the agenda is set at a closed meeting, and that may be why the matter didn't get on the agenda. Mayor Parker replied that the agenda preparation meeting is advertised in the Tybee News, that the date and time are the same each month, first Thursdays at 7:00 p.m., and that the public is welcome. He added that he missed the meeting this month, being out of town on city business. 1 Tybee Island, Georgia February 12, 1987 Page Three City Attorney Mahoney spoke of the state zoning laws requiring advertisement and notice to adjacent property holders, saying that if the matter had been raised in agenda, there would nct have been time to fulfill the public notice requirements. Bob Thomson said that the zoning application was for a single parcel and was clearly spot zoning, so there was discussion of looking into the rezoning of the entire neighborhood, or, alternately, of using the transistional business /residential text amendment. Since there were no others in the neighborhood who had yet come forward, preceding with only a single parcel surrounded by a different zoning would be illegal, and the city had been trying to find a method to help the Schroeders with their request; further than that he could not remember. Jim Monaghan, Planning Commission Chairman, said that it was his understanding that the neighbors didn't want the area rezoned, and that was why the Planning Commission couldn't give the Schroeder petition favorable consideration; as spot zoning it was against the state law. Councilmember Solomon said that he remembered Jeff Schroeder coming to an agenda meeting, but he spoke about the quality of the water in his neighborhood. He said he agreed with Mr. Schroeder that the area has special fire hazards, and that it might be a goad idea to consider extra fire hydrants. He added that the project of looping water lines, already begun, is a step in the right direction, and that he believes the city had already begun to address the needs Mr. Schroeder brought to their attention at the earlier meeting. Mr. Mahoney stated that he believes all the information just given gave Mr. Simmons the response he needed as to Any question of undue delay on the part of the city. Michael Graham, Counsel for Rowell - Marbach, Inc. was the next speaker. He said that he has a unique request to make in reference to the denial of a zoning map amendment for Lot 8, Oceanview. He gave a lengthy explanation of what he termed an honest misunderstanding and asked that the matter be reconsidered, as the same petition, only changing the request from R -T to R -1 -b. Mayor Parker said that he can't recommend this action to council because he believes it would be a violation of the city ordinance. Tybee Island, Georgia February 12, 1987 Page Four Mr. Mahoney stated that it is his opinion that any reconsideration by the Council would be a violation of the Zoning Procedures Act of 1985 which states that the petition can't be reheard for at least six months. He added that the city's ordinance says 12 months, but that his opinion would be that the state law would govern. He said Ie doesn't think there is a legal way to honor the request, but will do fu ther research if Council directs. He doesn't believe further research, however, would reveal any way to avoid the Code of GA Annotated Section 36 -36 -5. Michael Graham cited the relative newness of the law, saying that no case law has yet been developed. Councilman Solomon asked if the land isjsold to another owner could they re- apply. The City Attorney replied that the time stipulation runs with III the land, not with the ownership. He reiterated that he cannot find any logical authority to allow Council to act in the manner requested. Mayor Parker opened the meeting for business legally presented. The Zoning Map Text Amendment, Public Parks /Conservation, was the first item considered. It was noted that nd new correspondence has been received since the matter was discussed in January, 1987. Councilmember Solomon stated that the Council has carefully considered the zoning criteria and studied the proposed change at length, over a period of several months. Councilmember McCutchenjmoved approval of the zoning text change, Councilmember Davis seconded and the vote was unanimously in favor. The zoning text change was therefore approved, � , p and a copy is attached to, and becomes a part of, these minutes, and will I- b. ' r'-be codified as Section 8- 4 -33(c) of the Tybee Island Code of Ordinances. ,`' ,,,1 Councilmember Solomon moved approval of the minutes of the 1 meeting of January 8, 1987, and they were accepted unanimously. Bills for the month of January were approved as follows: General Government $14,855.10 Public Works /Sanitation $16,678.63 Fire /lst Responder $ 1,513.58 Recreation $ 815.36 i Tybee Island, Georgia February 12, 1987 Page Five Mayor Parker explained that the city has received a grant from Gamefield, Inc. for a Senior Walking Course and that Bob Thomson and John O'Neill should be credited with getting it. Bob Thomson explained that the course is for senior citizens, and it's planned to place it near the new library in Memorial Park. Councilmember Solomon said that the older people want some benches nearby, and he agrees that this should be done. Bob Thomson reported that Georgia Municipal Association has chosen Tybee as a demonstrator city for a new computer system they are endorsing for use by city governments. He said that this is really needed, we're growing and this will help the office a lot. Mayor Parker remarked that the involvement of this administration, and the immediate past admin- istration,with GMA is responsible for the city's selection. Announcements of upcoming events were read. Councilmember Solomon asked the Chief of Police if he can get Community Service Workers to help with the Centennial Clean -up, and the answer was affirmative. Chief McCutchen announced the Open Housel for the newly renovated Police Facility has been changed to begin at 6 p.m., rather than 7 p.m. Councilmember Walsh reported on a contract agreement with CCI for prison workers. The agreement is a joint one with the City of Bloomingdale. Councilmember Walsh moved that the agreement be accepted, Councilmember Solomon seconded, and the motion passel without dissenting vote. City Attorney Mahoney introduced a variance petition for a flood elevation variance for property at 405 First Street. Councilmember Walsh moved to deny. There was no second and the motion died. No other motion was offered, and no action on the petition wa taken. A Resolution requesting C & H Bus Lines to provide more timely scheduling for students of St. Michael's School was read. Councilmember Davis moved its approval, Councilmember McCutchen seconded and the vote was unanimously in favor. A copy is attached to, and becomes a part of, these minutes. 1 1 Tybee Island, Georgia February 12, 1987 Page Six Two alcoholic beverage license applications were next discussed. The first, for Taylor's Restaurant, located within the Econolodge Motel, was unanimously approved, on motion of Councilmember' Solomon. The second, for a "Pizza on Wheels" on First Street, was discussed at length. Council - member Solomon moved to allow the license for beer on premises, but the motion died for lack of a second. Councilmember McCutchen moved to deny, with a second from Councilmember Walsh. Councilmember Solomon pointed out that the 7 -11 and the Shrimp Net, in the same area, have licenses, and asked why we would deny this one. The vote was two in favor of the motion to deny (McCutchen & Walsh), one against the motion (Solomon) and one abstaining (Councilmember Davis). City Attorney Mahoney stated that this question can be brought up again later if investigation proves that it should be. Councilmember McCutchen said she believes the residents in the area have rights, too. Paul Baker asked permission to speak and Mayor Parker granted it. Mr. Baker explained the type of operation planned. No further action was taken. The City Attorney will check into procedures governing issuance of licenses and will inform the Council of his findings. The meeting was adjourned. 6-40 L DEPUTY CLERK 1 1 On Friday, February 6, 1987 the City Council was polled. The question was whether to pay the balance of a legal fee to Braziel & Braziel, Attorneys at Law, for defense of Lieutenant Jimmy Price of the Tybee Island Police Department for charges incurred in his defense in a case in which the plaintiff charged police misconduct, suing the officer and the city. The charges were proven to be without foundation in court.(Earl Brown vs Tybee Island) The vote was as follows: In Favor Jean Davis Paul Jackson Kilma McCutchen Chris Solomon Bill Walsh Against Phil O'Dell The balance of the legal fees are therefore iapproved for payment. .,L g?' CLERK OF COU