HomeMy Public PortalAbout19880114CCMeeting1
Tybee Island, Georgia
January 14,1988
The Tybee Island City Council held its regular monthly meeting
on Thursday, January 14, 1988 at Tybee City Hall. ayor Walter W. Parker
presided and the following members of Council were resent: Chris Solomon,
Bill Walsh, Jack Youmans, John O'Neill, Jean Davis and Paul Jackson.
A public hearing for a rezoning petition for Lot#8, Oceanview,
was first heard. Roy Rowell, petitioner, recapped his petition of January,
1987, and went over the major points covered in a handout to each Council
member, dated January 8, 1988. The petition included both rezoning from
R -1 to R -T, and subdivision to allow for the building of a triplex on the
property.
The next speaker was Mrs. Elaine Ortez, who spoke on behalf of
her husband, Tony, who plans to buy the property and build the triplex. She
told of plans to retire here.
The next speaker was Jake Marbach, part owner. He spoke of the
investment, made 1$ years ago, and said that the lot deserves more than a
single family residence, stating his opinion that a, single family house, in
that neighborhood, would "stick out like a sore thuMb ".
Speaking against rezoning of the property:
Jeanne Hutton: "Please don't repeat mistakes of the past."
Betty McLendon gave each member of the City Council a hand -out
package, and introduced herself as the caretaker for the Ridiesal family,
adding that the Ridiesals have caretakers for each of their homes, here and
in Germany, because of the huge investment in the properties, they always
provide caretakers for their houses. She pointed out an error in the court
order of Judge Head, in the description of the house, and also pointed out
that the caretaker's apartment totals 800 square feet. She spoke of the
Master Plan survey which noted that the citizens of Tybee want low- density,
single family housing, and permanent residents for the community. She appealed
for a stop to piece -by -piece rezoning. She named several single - family, R -1
householders in her neighborhood and said that the community is very neighborly.
There was a discussion by both Mrs. McLendon and Mr. Rowell about
a drainage ditch across lot #8.
Anita Merritt Ivy spoke next, saying she had contracted to purchase
the property last year, but could not afford it sinlce the rezoning petition
failed. She questioned the issue of single - family versus triplex when it
Tybee Island, Georgia
January 14, 1988
Page Two
is applied to fragility of the environment, saying that the new house being
build by the Leo Centers has as large a footprint, as the triplex she had planned.
Councilmember Solomon spoke of the flooding, saying that his own
property didn't drain because the tidal water didn't recede.
Councilman Bill Walsh disagreed, saying that the high tide didn't
continue for 3 or 4 days, and that the Oceanview area didn't drain at low
tide, either.
Jim Kluttz spoke to say that the Oceanview lots have been changed
one by one, spot zoning in his opinion, and that nobody knows what's going
to happen next door to them. He said that this kind of zoning is a mess and
not fair to those investing in homes.
James LaFavor spoke of the flooding, saying that he remembers
having water in his house for six days at a time in the past, so the flooding
is not just a recent problem.
Mayor Parker called on Planning Commission Chairman Jim Monaghan
who said that the Planning Commission recommends in favor of Mr. Rowell's
rezoning request. He added that he does not consider this to be spot zoning,
nor does he believe it contradicts the Master Plan in any way.
Mr. Rowell summed up his position, showing that Oceanview is
already rezoned to a large degree - he showed a map with locations of various
multifamily houses.
The public hearing was closed.
Burt Barrett, Jr. was the first visitor to speak. He requested
that the District 9 Hobie Fleet Regatta 294 be allowed to hold a points regatta
on July 9th & 10th, saying that Center Street would be barricaded from about
2:30 pm on Friday until about 4 pm on Sunday afternoon. Mayor Parker asked
if the people living on the street would have access and the answer was "yes."
Mr. Barrett said that a DNR permit will be gotten, and that the group will
clean up the area afterwards. There was no objection so the permit will be
forthcoming.
Mrs. Miriam Johnson of M & W Apts. was scheduled to speak, but
elected to speak to the Mayor privately at a later date.
Mr. Phil O'Dell spoke of the proposal to move the fishing pier.
He said that he objects because he would lose more of his view, and that he
believed other 16th Street property owners would also object. He said that
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Tybee Island, Georgia
January 14, 1988
Page Three
the builders of the time - sharing units knew the pier /pavilion was planned
before they built the last phase, and that they had been approached about
moving their buildings over 10' and would not do s0. He added that the city
has no guarantee that another easement would be granted by the state without
running into delay and difficulty.
The meeting was opened for business legally presented.
Mayor Parker thanked the former city administrator, Bob Thomson,
for the new gavel which he displayed for the audience to see.
Mayor Parker'then invited the Council to consider the rezoning
from R -1 to R -T of Lot 8, Oceanview. Councilman Solomon moved that the rezoning
be granted; Councilmember Davis seconded. Councilman O'Neill called attention
to the criteria upon which zoning decisions must be based under the state
law, saying that item #10 can be interpreted to mean that the Council must
consider the views of the citizens they were elected to serve. He urged Council
to carefully consider all evidence presented.
Councilman Solomon said that he believes the parking along Second
Avenue impacted the drainage in the area more thanlone triplex would.
Councilmember Davis agreed with Jim Monaghan of the Planning
Commission that the whole area has slowly changed, and that leaving one lot
might be reverse spot zoning.
Councilman Jackson said he is serving his third term on City
Council and that he made a promise to himself before elected that he would
do all in his power to preserve single family housing on the island - a promise
he wants to try to keep, since he still believes in preserving the residential
year -round community.
City Attorney Mahoney made a comment for the record: he read
the criteria for making zoning decisions from the Code, and stated that the
procedures for a public hearing were followed. Each Councilmember had a copy
of the pertinent sections of the Tybee Island Code of Ordinances in front
of them as they considered the zoning petition.
A vote on the Solomon motion to grant the rezoning was taken,
with the following results: in favor of the motion - three (3) [Solomon,
Davis, Youmans]; against the motion - three (3) [Jackson, Walsh, O'Neill].
Mayor Parker stated that he does not lightly enter into a vote on the petition,
but his vote must be negative. The motion to grant the petition therefore
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Tybee Island, Georgia
January 14, 1988
Page Four
failed.
The next business was an appeal to City Council under Code Section
8 -2 -10 by Alicia Stronjy who is seeking permission to build a two -car garage
closer than 10 feet to her property line. Mr. Dowell, Mrs. Stronjy's attorney,
presented her case, including pictures of her property and the neighboring
property. Bob Wheat, Chairman of the Zoning Board of Appeals, spoke of the
hearing he conducted, and of the decision made: the Board's findings were
that the variance could, by Code, only be granted if hardship was proven,
and the Board didn't think this was done. Mr. Dowell said he thought off -
street parking for tenants might be considered a hardship, as well as being
in the best interests of the owner and the city. Mayor Parker asked if a
parking slab would not be sufficient. It was noted that the zoning is R -2
and the setbacks required are 10' side & rear. It was also noted that the
neighboring house is only 7'6" from the line. Councilman Walsh moved to deny
the appeal, Councilman Jackson seconded and the vote was unanimously in favor
of denial.
as written.
Minutes for November 12th & 17th and December 10th were accepted
Bills for the month of December, 1987 were approved as follows:
Police Dept. $ 4,528.47
Water /Sewer 12,573.93
General Government 18,007.40
Public Works 10,883.02
Fire /lst Responder 9,949.76
Recreation 3,784.84
Councilman Jackson reported for the committee appointed to look
into the dog ordinance controversy. He said that, due to public health and
safety, the committee recommends that no change in the present ordinances
be made at this time. The report was accepted as information.
The City Attorney reported that the city has received notice of
a demand for payment from the estate of a drowning victim, demanding a sub-
stantial amount. Councilmember Davis moved that the Council formally refuse
payment, declining to accept liability and responsibility, and Councilman
Solomon seconded. The motion passed unanimously and the attorney for the
plaintiff, Mary Beth_ Skinner, will be so notified.
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Tybee Island, Georgia
January 14, 1988
Page Five
A Proclamation for the Tybee Optimists for their campaign on "JUST
SAY NO TO DRUGS" was read, proclaiming January llth through 15th to be Drug
Awareness Week on Tybee Island. The Mayor congratulated the Optimists on
a great job of presenting programs at the local schools this week. Optimist
President, Jim Lynes, accepted the Proclamation.
An ordinance, Section 4 -2 -25 Fires on Vacant Land was read by
the City Attorney. Councilman Solomon moved its acceptance, Councilmember
Davis seconded and the vote was unanimously in favor. A second reading followed
and the vote was the same after a motion by Councilman Solomon, seconded by
Councilman Jackson. The ordinance is therefore adopted, and a copy is attached
to, and becomes a part of, these minutes.
An ordinance concerning minors and alcoholic beverages, Code Section
9 -2 -10 was read by the City Attorney. Councilman Walsh moved acceptance,
Councilman Youmans seconded and the vote was unanimously in favor. A second
reading, with the same result followed and the ordinance is adopted, becoming
a part of these minutes. Chief McCutchen was called on by Mayor Parker and
explained that this ordinance brings the city nearer to the state law since
legal ages have changed in recent years.
A discussion of the easement for the fishing pier /pavilion was
next on the agenda. The request by Tybrisa for a shifting of the pavilion
was discussed. Mayor Parker explained that he has talked with Senator Coleman
who has discussed the possibility of a change with DNR Commissioner Ledbetter.
It is believed the change could be made without undue difficulty, but it would
require a new plat, and a change in a bill to go through the General Assembly.
It would also probably require a new DNR Coastal Committee permit. Councilman
Solomon said someone will lose a view, whetever it is placed. Mayor Parker
recognized Mr. Phil O'Dell, who spoke as a property owner on 16th Street.
He made the following points: The owners knew of the pavilion before they
built their last addition to the timesharing condos; the condo owners had
been approached for the same kind of consideration a shifting of their building
10' to preserve someone's view and had refused; the building of the pier /pavilion
will increase property values in the whole area, and there . are many owners
along 16th Street who may then find their view more valuable. Mayor Parker
asked for a motion and Councilman O'Neill moved that the city council not
object to making the site plan change unless it interferes with the time table.
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Tybee Island, Georgia
January 14, 1988
Page Six
Councilman Youmans seconded, saying he would be against the projected move
if it cost the city 50 or delayed the project 30 days. The. vote followed
with O'Neill voting for his motion, Davis, Walsh and Youmans voting against,
and two abstaining - Solomon and Jackson. The motion failed. There will
be no request made by the city to change the location of the pier /pavilion
and the easement from State Properties Commission Will be signed.
Councilman Jackson brought three alcoholic beverage license appli-
cations to be considered. All three had been checked out by the TIPD, and
no reason to deny any was found. Councilman Jackson therefore moved that
they be granted, and Councilman Walsh seconded. The vote was unanimously
in favor of granting all three:
Mrs. Wanda Mills for Doc's Bar
Luree Tillman for Shrimp Net
Ben Alexander for Offshore Lounge
A contract for paving of streets was approved on Motion of Councilman
O'Neill, seconded by Councilmember Davis and passed by a vote of 5 - 1. The
dissenting vote was cast by Councilmember Solomon Who wants a small parallel
path paved for riding, walking and jogging.
Mayor Parker announced that work is proceeding on the attempt
to consolidate the legal boards, and that appointments will be delayed again
until the February meeting, with the Boards standing as they are until that
time.
Councilmember Davis asked about the status of the Inlet Avenue
right -of -way question, and Mayor Parker informed everyone that a letter had
been written to the property holder . asking that the palm trees planted on the
city's right of way without a formal plan filed at City Hall be removed within
a reasonable length of time. He said that the neighbors have asked to meet
and propose some alternative solution, and that he is also awaiting their
imput.
The meeting was adjourned.
i
WHEREAS, The Tybee Island Optimists Club is known to be a "friend to youth ";
and
WHEREAS, The Tybee Optimists have a record of youth - oriented service stretching
over many years, and •featuring many successful events; and
WHEREAS, The overwhelming challenge to this generation of youth has become
the resistance to pressure, especially peer pressure, toward drug
experimentation at an early age; and
WHEREAS, The "JUST SAY NO TO DRUGS" campaign was designed to encourage youth
to stand firm against this danger;
NOW, THEREFORE, BE IT PROCLAIMED, AND IT IS HEREBY PROCLAIMED, THAT THE WEEK
OF JANUARY llth - 15th BE.DECLARED BY THE MAYOR OF THE CITY OF TYBEE ISLAND,
GEORGIA, TO BE "SAY NO TO DRUGS WEEK" ON TYBEE ISLAND; and
BE IT FURTHER PROCLAIMED THAT THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND
DO HEARTILY ENDORSE THE "JUST SAY NO TO DRUGS" CAMPAIGN, AND DO OFFER THEIR
SINCERE APPRECIATION TO THE TYBEE ISLAND OPTIMISTS FOR THEIR SPONSORSHIP OF
THIS IMPORTANT PROGRAM FOR THE YOUTH OF TYBEE ISLAND.
P R O C L A M A T I O N •
THIS I'7 i DAY 0
MAYOR WAL W.'PARKER
CLERK OF COUNC
1
Ordinance /7 f
AN ORDINANCE OF THE CITY OF TYBEE ISLAND CODE OF ORDINANCES, SECTION
4 -2 -25 FIRE ON VACANT LAND, PROHIBITED.
BE IT ORDAINED, AND IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL
IN OPEN MEETING ASSEMBLED, THAT CODE SECTION 4 -2 -25 Fire on Vacant
Land, Prohibited, be deleted in its entirety, and that the following
paragraph, to be numbered and titled the same, be inserted in its stead:
4 -2 -25. Fires on Vacant Land; Prohibited.
It shall be unlawful for any person to build or make fires within the
city except for the purposes and under the conditions described as
follows:
1) Fire to be used ONLY for cooking and /or warmth.
2) Fire to be built with permission and under supervision of
the property holder, or, if on public property, must be approved
in advance by the Mayor or a member of the Fire Committee.
3) There must be an adequate water supply immediately on hand.
1st Reading: 1- t - S"b
2nd Reading: 1- I cg%
Enacted: t - f 4-g$
This W-1* day of dark),
, 1988.
MAYOR
de)
pLERK OF COUNCIL
1
1
Ordinance
AN ORDINANCE AMENDING A SECTION OF THE TYBEE ISLAND CODE OF
ORDINANCES BY DELETING SECTION 9 -2 -10. Prohibitions
applicable to Minors.
BE IT ORDAINED, AND IT IS HEREBY ORDAINED BY THE MAYOR AND
CITY COUNCIL IN OPEN MEETING ASSEMBLED, T AT THE ABOVE
SECTION OF THE CODE OF ORDINANCES BE DELE ED IN ITS
ENTIRETY, AND THE FOLLOWING, TO BE ENTITL D THE SAME,
INSERTED IN ITS STEAD:
(a) It shall be unlawful for any person under the age
of 21 to buy from any person, firm or corporation
spirituous, malt or vinous liquors or any intoxicants.
(b) It shall be unlawful for any person under the age
of 21 to drink or possess in any public place, or any public
highway or place of public consort any spirituous, malt or
vinous liquors or any intoxicants.
(c) No person under 21 shall misrepresent such
person's age in any manner whatsoever for the purpose of
obtaining illegally any spirituous, malt or vinous liquors
or any intoxicants.
(d) It shall be unlawful for any person to assist any
person under the age of 21 in any way in buying from any
person, firm or corporation any spirituous, malt, or vinous
liquors or any intoxicants.
(e) No person knowingly, directly or through another
person, shall furnish, cause to be furnished, or permit any
person in such person's employ to furnish any spirituous,
malt or vinous liquors or any intoxicants unless prior to
such furnishings, such person has demanded and been
presented with proper identification verifying that the
person to whom the spirituous, malt or vinous liquors or
intoxicants are sold or otherwise furnished, is 21 years of
age. Proper identification means any document issued by a
governmental agency containing a description of the person,
such as a person's photograph, or both, and giving such
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person's date of birth and to include, without being limited
to, a passport, military ID, driver's license, or an
identification card authorized under the Official Code of
Georgia Annotated, Sections 40 -5 -100 through 40 -5 -104. It
shall not include a birth certificate.
ADOPTED THIS 14 DAY OF of a
•
LERK OF COUNC
1st Reading: aa4, 141 Kig g
2nd Reading: Q QAw i4 1 1 g g g
Adopted: JOvp (4l lgga
, 1988
CERTIFICATE OF OWNERSHIP
PROJECT PR -8530- (051) COUNTY Chatham
IIII Walter W. Parker Mayor of the City of Tybee Island
'gia do hereby certify that the streets or sections of streets described below and shown
in color on the attached sketch are dedicated streets in the City of Tybee Island ,
Georgia.
NAME OF STREET FROM \1 TO LENGTH WIDTH
18th Street Butler Avenue Chatham Avenue 316.8' 60' R/W
7th Avenue 12th Street 14th Street 1161.6' 60' R/W
6th Avenue 13th Street Chatham Avenue 1320.0' 60' R/W
2nd Street Jones Avenue End of Street 792.0' 60' R/W
3rd Street Jones Avenue Miller Avenue 264.0' 60' R/W
4th Street Jones Avenue Miller Avenue 633.6' 60' R/W
7th Street Jones Avenue End of Street 580.8' 60' R/W
Bay Street Polk Street At Exist. Pay. 1372.8' 75' R/W
Miller Avenue 7th Street U.S. 80 2745.6' 60' R/W
City of Tybee Island further agrees to hold the Department of
Transportation harmless from all suits or claims that may arise from the construction or
improvement of said streets.
This day of _./.14110CMLW
Al w
Attested ; (,. „„ _ Arki _ APO City C1 erk • •
This is to certify that I have checked the records of the City and in the Clerks of
Superior Court and in my opinion the dedication of the streets, named and described above
19 O 0
Mayor
is complete.
Date �� -t-c.•, -. MW
1
orney for Tybee Island , Georgia
R/W 507
DOT 508 -C REVISED 4-72
RESOLUTION COVERING ACQUISITION AND CLEARANCE OF RIGHTS OF WAY WITH CONTROL OF FUTURE
ENCROACHMENTS AND REGULATION OF VEHICULAR TRAFFIC ON HIGHWAY CONSTRUCTION PROJECTS
GEORGIA, CHATHAM
COUNTY
9 Sts. in City of Tybee Island
1.74 Miles •
WHEREAS, the Department of Transportation in cooperation with the County of
Chatham desires to construct a road between n/a ,Georgia
and - n/a ,Georgia, known as Federal Aid Project No. PR -8530- (051)
in Chatham County.
AND, WHEREAS, the project willleXtend within the corporate limits of the municipality,
town, or city of Tybee Island 1 , Georgia.
It is resolved, that we, the Mayor and Members of the Council (or other officer or
officers) charged with the management of the finances of said municipality, and the
legally authorized agents of such do hereby..agrce to procure for the Department of
Transportation in cooperation with the County of Chatham , in accord
with pertinent agreements and regulations, any and all rights of way twat may, in the
opinion of the Department of Transportation be necessary to the proper construction and
maintenance of the above named project and according to survey and plans made by engineers
of the Department of Transportation, within the limits of said municipality.
And in consideration of the construction of said Highway within the incorporated limits
of said municipality, the City of Tybee Island , agrees to remove any
existing structures or obstructions as' provided in pertinent agreements and to prevent
any future encroachments upon the right of way limits of said Highway not covered by
permits duly issued by the Department or the City; and furthermore agrees, obligates,
and binds itself in accordance with Title 68 Georgia Code that it will not pass any
laws, rules, regulations, or ordinances which will penalize, hinder or obstruct the
free movement of vehicular traffic on said Highway, including angle parking, nor erect
any traffic signals, towers, or lights on the said right of way without written consent
of the Department of Transportation. - --
We further agree that upon notice of award of contract on the above numbered project,
we will arrange with managers of various utility companies and municipal departments
to place underground plants in a satisfactory state of repair except where this phase
of work is covered by agreements. ; r -
The municipality further agrees to assume responsibility for and cooperate with the
Utility Owners in the moving, setting back, replacing or lowering of all consumers'
service connections including gas lines, telephone lines, electric power lines, water.
mains and sanitary sewer connections to clear construction by one foot, whether such
facilities are publicly or privately owned except where this phase of the work is covered
by agreements.
It is further agreed that after construction is completed on off - system projects no new
or additional utilities facilities will be allowed to encroach on the rights of way for
this project except under permit lasued by the City in accordance with the Rules and
Regulations of the Department.
We further agree to protect the Department of Transportation and said County or its agents
from any claim or damages whatsoever that might be occasioned through the fulfillment of
the foregoing conditions, and to defend all suits that may arise by virtue thereof.
This
COUNCI
WOW
day of
•
'LA?., !i�
e4./
COUNCI
Y2
c.G,
I hereby certify that I am Clerk of the city, town, or municipality, (as the case may
be)-of the official acts of the authorities charged with the management of the business of
said municipality; and the wit�h/i and foregoing constitutes a true and orrect copy of a
resolution passed on the CI, "day of C. ,,19 Er , and entered
on the minutes of said officers.
v �
This the day of
"Cn