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19890914CCMeeting1 Tybee Island, Georgia September 14, 1989 The regular monthly meeting of the Tybee Island City Council was held on Thursday, September 14, 1989 at 7:30 p.m. at Tybee City Hall. Mayor Walter W. Parker presided and the following members of Council were present: Bill Walsh, Jack Youmans, Chris Solomon, John O'Neill, Jean Davis and Paul Jackson. Hermann Coolidge represented the City Attorney, who was out of town for a City Attorneys' Seminar in Athens. Mayor Parker announced that tickets for a benefit dinner for the McPhail Memorial Fund were available tonight during the meeting or at City Hall during regular office hours. A public hearing for David W. Steffes for a petition for 1619 Chatham Avenue was introduced by Mayor Parker. Mr. Tony Abbott, attorney for the petitioner, first spoke, giving background on the original petition and ex- plaining the modifications shown on tonight's plan which is a subdivisision consisting of two single family houses and one duplex. He said the altered petition is submitted in a spirit of compromise. Jack Youmans questioned the turnaround at the end of the street - whether it is only 16' wide, saying this would cause people to back out onto other people's grass. Mr. Abbott replied that they are trying to leave some green space to make the area more attractive, and that Jones Avenue is only 18' wide (paved area). He expressed willingness to make the entire area concrete if necessary, or a 20' paved drive if Council sees fit. Fitz Simmons questioned the procedure which brought the question back to City Council without a hearing before the Planning Commission. Mr. Coolidge explained that the City Attorney had ruled that the plan is less dense than one already approved by the Planning Commission but turned down by the City Council, making it unnecessary to go back before Planning Commission. John Hutton, Chairman of the Planning Commission, rose to second Fitz Simmon's comments. Jimmy Brown, also a Planning Commission member, agreed, saying that the plans are different from the ones previously approved, showing a narrower drive than the one recommended. Tony Abbott replied that official minutes will be available and that he can be held to whatever committments he makes on behalf of the developer. He reminded the Council that they have the right to vary, modify or grant any application, and the Planning Commission only recommends. Councilman O'Neill remarked that people are hear to speak and should be heard, especially since this body (the City Council) does not have a consistent 1 Tybee Island, Georgia September 14, 1989 Page Two history of following the Planning Commission recommendations. Brooks Stillwell was the next speaker. He spoke for the opposition group, TINA, and for his client, Jay Kaminsky. He said there are two issues: 1) whether the proper procedure would have included another visit to the Planning Commission; and 2) whether a variance should be granted for the access drive. He stated that a twenty -foot drive is for single- family use only, not duplex. He said he speaks for those who want the law followed; three single - family houses would meet the law and leave plenty of green space. Gloria Allen spoke for TINA (Tybee Island Neighborhood Association). She congratulated the City Council for showing courage under pressure before, and reported that the citizens of neighborhood 8 have recently met and are overwhelmingly in favor of single - family development. She said that a variance is a privilege, not a right. There were no communications other than those from the attorneys involved. Tony Abbott spoke again to remind the Council that code sections 8 -3 -56 and 8 -3 -26(1) seem to conflict and said that privileges must not be arbitrarily granted or denied. He said his client is asking for fair and equal treatment under the law. Brooks Stillwell countered by saying that Tybee has learned from past mistakes and that the people want density held down. The public hearing was closed. Mrs. Kathi Williams of the Tybee Island Litter Committee announced plans for the 1989 Beach Sweep, sponsored by Keep America Beautiful. She thanked Sandy Chandler for outstanding help on the project and offered the audience the opportunity to sign up. Volunteers will be provided with lunch by Spanky's. Mr. Charles J. Hosti spoke to ask for a clarification of a statement quoting the Mayor. There was a difference of opinion between the two men as to a comparison of the tax millage during the two administrations. Bob Dyer spoke to report on the September 13th meeting of CITE (Citizens Interested in Tybee Enhancement), saying 90 people were there, representing 13 different city and social groups. All those planning to run for office should have been there to listen, he said. He spoke of the group's goals, including youth enrichment, managed growth, family atmosphere, tree protection and beach protection. Mayor Parker called on John Hutton to report on the Planning Commission's work revising the Master plan. It was stated that questionnaires are going out Tybee Island, Georgia September 14, 1989 Page Three and that rough drafts are in hand - City Council should have the preliminary product in hand at the October meeting. Fagin O'Kane spoke for the people of Marshwinds subdivision, asking again, as she had in August, that the city fix their road. There were a number of Marshwinds residents present to support the request. Councilman Youmans spoke of the need to establish responsibility for the costs involved. Councilman Solomon said the city needs to help these people if we can. Councilman O'Neill said that the city is left to take care of the problem, and that he is not sure what the final way to go will be, but that the responsibility for the street is the city's. He added that he wants the city to do it right, and all at one time, but that it definitely will be correcting the developer's problem. John Hutton said that he recommends the city allow no more building permits or development of remaining lots. He advised the homeowners to try to take possession of the remaining land to pay for the costs of correcting inferior work. Mayor Parker directed the attorney to work with Mr. Hutton to resolve the matter satisfactorily. John Jarvis said he thinks Mr. Rowell should be made to do it right. The meeting was opened for business legally presented. The petition of Mr. Steffes for 1619 Chatham was first handled, with a motion by Councilman O'Neill to deny. Councilmember Davis seconded. There was discussion followed by a vote of 4 in favor, 2 opposed (Councilmen Youmans and Solomon). Minutes of the August meeting were approved. Bills were approved as follows: General Government $24,267.82 Police & Parking $15,046.14 Fire & 1st Responder $ 3,078.43 Public Works & Waste Mgmt. $29,889.42 Recreation & Parks $ 1,892.59 Water /Sewer $20,128.82 Councilmember Davis informed everyone that General Government bills seem high because the allocation from hotel /motel, this month amounting to more than 11 thousand dollars, is included in her totals. Minutes from the September 7th meeting of Planning Commission were accepted as information. A minor revision of the Donald H. Bailey Bay Street subdivision, shifting a 20' access drive from right to left on the plat was favorably recommended by 1 1 Tybee Island, Georgia September 14, 1989 Page Four the Planning Commission according to a report by Jimmy Brown. The motion to grant was made by Councilman Walsh, seconded by Councilman O'Neill and passed by a unanimous vote of 6 to 0. Communications, as follows, were read: 1) From Governor Harris, dated 8/23/89 re $7,500. grant 2) From Congressman Thomas, dated 9/6/89 re 10th Amendment Legislation 3) From Beautification Committee, Chrm. Peggy Strong, commending City Marshall Jerry Farmer. 4) From Jimmy Brown & Jeanne Hutton of the Beach Litter Committee, dated 9/14/89, commending the city for its actions & disbanding the committee. 5) Letter from Jim Burgess of GMA, dated 9/12/89, re bond financing for pier /pavilion. A petition of Dennis Davis for auto damage by a city vehicle on 6/25/89 was read into the record & it was recommended by the City Attorney that the lower bid submitted by Mr. Davis be paid ($893.51). A copy of the accident report is attached to these minutes. Councilmember Solomon moved to grant the petition, Councilmember Davis seconded and the vote was 6 - 0 in favor. A petition from Robert Robinson concerning injuries received on August 6, 1989 was read. Our attorney recommended that the city deny responsibility for the injury because the manhole was not defective, but had been tampered with, and the city had no knowledge of that fact prior to the accident. The vote, on motion of Councilman O'Neill seconded by Councilmember Davis, was 6 - 0 in favor of denial. Mr. Robinson will be so notified. Councilmember Youmans, recently having returned from a seminar he attended with Police Chief McCutchen, recommended that the second reading of the ordinance for a drug -free workplace be postponed for legal review in light of materials brought back from the seminar. The Council agreed and a second reading will be expected at the October meeting. Councilman Solomon asked the indulgence of Council to discuss a letter from the Building Inspector Edmund Solomon that is not on the agenda. It was agreed that this could be discussed after a short break. Upon reconvening, the Mayor opened the discussion by saying that he believes further investigation is necessary on the question of Code Section 8 -2 -1 and what effect recent changes in the state law may or may not have made. Councilman Solomon says he thinks the matter needs to be clarified now, and Jerry Farmer said there was a misunderstanding because all changes are not printed in the code book. No action was taken at the time. 1 •umoaq LmmTr Aq lzodaz s oq 2uTpz000u uoTssTmmoD SuTuusTa auk Tybee Island, Georgia September 14, 1989 Page Five An ordinance concerning placement and parking of motorized mobile homes (Section 8 -4 -6) was read. Councilman Walsh moved, and Councilmember Davis second- ed, the adoption. During discussion Councilman Walsh explained the problem with campers in city parking lots and Councilman Youmans discussed discretion in en- forcement, saying that the city doesn't want to seem inhospitable to people who might arrive for the first time in the middle of the night, and choose to rest a few hours in their vehicle. Councilman Walsh countered that the situation he is seeking to correct lasted for a month. The vote was unanimous in favor of the motion. A Second Reading followed immediately, with identical results. The ordinance was adopted, and a copy is attached to, and becomes a part of, these minutes. The sign ordinance, Code Section 8 -4 -20, was introduced on First Reading by the attorney. Councilman Walsh moved its adoption, with a second from Coun- cilman Jackson. Questions were raised about portable signs - whether there should be fees and time limits, followed by a discussion of what form possible changes should take. The vote was 4 - 2 with Councilmen Youmans and Solomon casting the dissenting votes. Second Reading will be held in October. Code Section 8 -4 -19, Substandard Lots of Record, was next read. On motion of Councilman Solomon, with second by Councilmember Davis, it passed unanimously on First Reading. The Second Reading will be held next month, after advertise- ment for a public hearing, and Planning Commission review. Code Section 5 -1 -1, Building Numbering, was read. Councilman Jackson moved its adoption, and Councilmember Davis seconded. Councilman Youmans ex- plained Just how serious a matter the street numbers are to the fire department and emergency personnel. The vote was 6 - 0. A second reading followed at once, with Councilmember Davis moving adoption, second by Councilman Youmans and the vote was 6 - 0. The meeting was adjourned. Ordinance # Vq 89 -10 Code Section 8 -6 -4. Placement of motorized mobile homes and similar vehicles. Paragraph (a) on private property (see existing ordinance) Paragraph (b) on public property It shall be unlawful for any person to park or cause to be parked for the purpose of occupancy any motorized mobile home, recreational vehicle or moveable family dwelling on any street, within any parking lot, public park, public beach or along any public right -of -way within the corporate limits. For the purpose of this ordinance, the word "occupancy" shall include the overnight parking of the vehicle, if tenanted. ADOPTED THIS IOC DAY OF 1st Reading Sept. 14, 1989 2nd reading Sept. 14, 1989 Enacted Sept. 14, 1989 1 1989. QtC1CLERIC 0 COUNC 1 Ordinance #. P I 89 - I I AN ORDINANCE OF THE CITY OF TYBEE ISLAND, CODE OF ORDINANCES, SECTION 5 -1 -1 BUILDING NUMBERING: REQUIRED & ISSUANCE. 3E IT ORDAINED, AND IT IS HEREBY ORDAINED, BY THE MAYOR AND COUNCIL IN OPEN MEETING ASSEMBLED, THAT THE TYBEE ISLAND CODE OF ORDINANCES, SECTION 5 -1 -1 BE DELETED IN ITS ENTIRETY AND THAT THE FOLLOWING SECTION TO BE NUMBERED AND TITLED THE SAME, BE INSERTED IN ITS STEAD: Section 5 -1 -1. Building numbering; required; issuance. All buildings, residential or commercial, shall be numbered with uniform, sequential numbers based on information provided by the city. Owners failing to comply with this requirement shall, after thirty days notice, be subject to penalty under Section 1 -1 -8 of this Code. ADOPTED THIS 111- . DAY OF ...1.1;g14.11.5,110611,..14&___, 1989. 1st Reading Sept. 14, 1989 2nd Reading Sept. 14, 1989 Enacted: Sept. 14, 1989 The Monthly Meeting of the Tybee Island Planning Commission was called to order at 7:30 p.m. on September 11, 1989, The following members were present, Tommy Clark, Jimmy Brown, Rusty Fleetwood, Loree Anderson,Mary McAfee, Fitz Simmons, John Hutton, Jim LeFavor, Jim Klutz was out of town. The minutes from last months meeting were corrected as to The Sheehan Subdivision: Northside property owners have 10 feet Access Easement Southside property owners have 10 feet Acce -.. Easement Detention Basin will handle lots 3 &4, storm drainage Mike Hussey to get Engineering Design for Storm Drainage. The minutes were approved as corrected. The Secretaries Expenditure report as stated by Betty Lanier was $3720. The Master Plan Update draft copy was passed out to each member present, these are to reviewed by each member and returned by September 16, 1989 to City Hall for the Chairman to pick up. Citizen Partisipation is the number one concern. Fitz Simmons stated that pasand tpresent teinf ormationashould have a heading along with each update. Rusty Fleetwood made the motion to present the plan to City Council, also the copies once completed will be available to the general public at a reasonable cost. The City Attorney requests correspondence on final plats some of which have not come to The Planning Commission. Neighborhood Number Seven made their Presentation, this was given by Jeanne Hutton who also recognized Helan Speirs. delay on their asking for the delay Neighborhood Number Eight asked for a presentation until the next meeting, was Gloria Allen. Fitz Simmons asked questions on P— Zoning and Rusty Fleetwood asked of which changes in Neighborhood Seven were most important? The Local Sign Ordinance is being revised, please read. Commission members Absenteeism: of any Motifon made to ask for the Volunteer Resignation year or any member who is absent from Four Meetingsin a y n member who is absent from two meetings in a row. Motionus made by Rusty Fleetwood, seconded by Jimmy Brown approval. Fitz Simmons had several questions on conflicts of interest, Planning and Commission, the Enforcement of Local Ordinances. There were some made on bye Mary Subdivision McAfee of Dr. Bailey, John Hutton seconded the motion. Meeting ,rjourned 4