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19891012CCMeeting1 Tybee Island, Georgia October 12, 1989 The Tybee Island City Council held its regular meeting on Thursday, October 12, 1989 at the Tybee Island City Hall Auditorium, with Mayor Walter W. Parker presiding. City Council members present were: Paul Jackson, Jean C. Davis, John J. O'Neill, Jr., Bill Walsh, Jack Youmans and Chris Solomon. City Attorney Thomas J. Mahoney, Jr. was also present. Mayor Parker opened the meeting with an invitation to the public to speak to the Council. The first visitor was Mr. Ansley Williams, owner of Spanky's Restaurant and member of the Board of the Tybee Island Chamber Council. He said that the chamber board is anxious to get events and festivals here that will make money for city and merchants. He said the Tybee Island Festival Committee has met in several brainstorming sessions and named some possible events. They want to hire a professional festival manager to improve the birthday celebration, our Easter Sunrise Service, the Bums Parade, etc. A written request, with a suggested budget totaling $17,000 - $19,000, of which $15,000 is requested of the city in its 1990 budget. Councilmember John O'Neill commented that this budget request shouldn't be confused with the regular funding for the Chamber's regular budget out of the 40% hotel /motel tax. Jeanne Hutton spoke to remind the City Council of the Junior League grant of a year ago to fund public service announcements for the beach litter control campaign. Three tapes have been completed for the April and more seed money will be needed to help pay for film editing. Hopefully, the television stations will run the ads as a public service. Mrs. Hutton was congratuled by the Council for the excellent job she and Jimmy Brown, as co- chairmen, did. Rachel Perkins, Director of the 4 -H Camp, came to explain that the University of Georgia Extension Service operates the facility, handling 50 kids a week, 20 weeks a year. On 30 weekends each year, 75 kids are brought in. The facility is open to any organized youth group. A residential program handling 150 people a week 9 weeks per year is also underway, with a total of more than 4,000 people per year being taken on beach walks and environmental walks all around the island. Mayor Parker offered the city's cooperation, thanking her for the positive image of the island she and her staff are promoting. 1 Tybee Island, Georgia October 12, 1989 Page Two Dottie Kluttz spoke about the 200 people who are coming to the island the weekend of October 15th for the dolphin counting project which will be an ongoing project for the next ten years at least four times a year. There are 10 or 15 local people involved. She also commented on the sign ordinance, thanking the city council for adopting it, and thanking them for the enfocement that Jerry Farmer has been doing. She publicly thanked the businesses who have voluntarily been trying to comply, and requested that enforcement for others be speedy. John Jarvis spoke to say he doesn't believe Waste Management deserves a salute for their work after Hurricane Hugo. The public hearing for substandard lots of record was opened. Councilman Solomon explained why he has asked for the change with a statement about variances being political at times. Councilman O'Neill questioned why each request shouldn't be considered individually when setbacks are a hardship due to a substandard lot. Mrs. Gretchen Powell spoke as a member of TINA, believes there is a point in Mr. Solomon's argument, but that a blanket setback change is less effective than handling hardships on an individual basis. John Hutton, Chairman of the Planning Commission, stated that the major points raised by Councilmember Solomon were recommended for approval by the planning board. A letter from Gloria Allen, opposing, was read. Jeanne Hutton spoke to oppose. The public hearing was closed. The meeting was opened for business legally presented. Minutes for the September 14th meeting were approved as written. Bills for September, 1989 were approved as follows: Police $ 9,887.23 General Govt. $14,298.35* DPW /Sanitation $29,415.22 Water /Sewer $16,287.90 Fire $ 4,762.16 First Responder $ 173.17 Recreation $ 2,771.62 The Planning Commission report on the draft of the Master Plan changes was accepted as information. A petition regarding Halloween was read. This dealt with 1 Tybee Island, Georgia October 12, 1989 Page Three the handling of traffic on Lewis Avenue on that night and was referred to the Police Committee for handling. They were asked to meet with the residents to decide how best to protect the children. Communications accepted as information were: - From Planning Commission, re Master Plan & Substandard Lots - From Lewis Avenue residents, re Halloween - From Islandia, Florida re Master Plan - From John P. Sugrue, re Hurricane Hugo - From Town of Eutawville, S C re Hugo Relief - From Elections Board, re Municipal Election 11/7/89 - From Margaret Hurst re First Responders Regarding the upcoming election, it was announced that Jacquelyn R. Brown and Rose E. Lanier are absentee ballot clerks. Local designee for checking the accuracy of the list is Rowena B. Fripp. The second reading of the substandard lots of record ordinance followed. Councilman Solomon moved its adoption; Councilman O'Neill seconded, reserving the privilege to vote against. He said he'd still like to know how many lots there are, and where they are. Councilmember Solomon spoke in favor of the ordinance. Voting in favor were two: Councilmembers Solomon and Youmans. Voting against were: Councilmembers Davis, O'Neill, Jackson & Walsh. The ordinance failed to pass and no change was made. The second reading of the sign ordinance followed. Councilman Solomon asked about a grandfather clause, and Mr. Mahoney said that the ordinance does not contain one. Councilmember Davis moved its adoption, and the second was by Councilman Walsh. Councilman O'Neill remarked that the ordinance, if it passes, should be stuck with, and enforced as the last one wasn't. The vote was five to one, with Councilman Solomon casting the dissenting vote. A copy is attached. An amendment in the agreement with Chatham County regarding Jails was approved on motion of Councilmember Davis, with second by Councilman Walsh. The change raises the fees charged at Recorder's Court for jail support by 10 %. A copy of the agreement is attached to these minutes. The vote was unanimous in favor. A grant application for water /sewer was read and a resolution passed without dissent and signed by all members of Council and the Mayor. This was asking Tybee Island, Georgia October 12, 1989 Page Four for an emergency grant of 50% of $16,000. which was spent to contract repairs in the parking lot just north of 16th Street. The problem was collapse of a sewer line underneath the concrete at the site of the old pier, and was attributed to heavy rains from Hurricane Hugo and the severe northeasterlies that followed. The Resolution and grant application will be forwarded to GA EPD. There was no further business, and the meeting adjourned. i 1 1 Ordinance 1989 - la. AN ORDINANCE OF THE CITY OF TYBEE ISLAND, GEORGIA, CODE OF ORDINANCES, TITLE 8 PLANNING & DEVELOPMENT, CHAPTER 4 ZONING, ARTICLE B ZONING DISTRICTS, SECTION 22 - 29 BE IT ORDAINED, AND IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL IN OPEN MEETING ASSEMBLED, THAT AN ORDINANCE TO BE ENTITLED A SIGN ORDINANCE BE INCORPORATED INTO THE TYBEE ISLAND CODE OF ORDINANCES, AND BE IT FURTHER ORDAINED THAT ANY ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH BE DECLARED NULL AND VOID AND OF NO EFFECT. Sec. 8 -4 -22 STATEMENT OF INTENT No sign shall be constructed, altered or maintained within the corporate limits of city except in conformance with the requirements of this ordinance. Sec. 8 -4 -23 STATE CODE ADOPTED All signs that are visible from a state highway that is part of the interstate and primary highway system must conform with the Georgia Outdoor Advertising Law (Official Code of Georgia, Annotated, Section 32 -6 -70, et.seq.) and the rules and regulations of the Georgia Department of Transportation. Sec. 8 -4 -24 PERMITS /LICENSES All signs not specifically exempted from the permit and /or licensing requirement of this ordinance shall be permitted and /or licensed by the city. An application for a permit shall be submitted to the city and accompanied by the owner's consent, the plans and specifications of the sign in all its structural parts, and by accurate information designating the exact location of the proposed sign. The city shall collect a standard fee for each permit and /or license at the time the permit or license is issued. Sec. 8 -4 -25 VARIANCES. Petitions for variances shall be referred to the planning commission and handled in the same manner as variances from the city's technical codes. Sec. 8 -4 -26 NON - CONFORMING SIGNS The city shall give notice of non - confroming signs both to the property owner and to the advertiser as soon as the non - conformity is identified. Failure to correct non - conformance within thirty (30) days will result in the removal of the sign and /or summons to recorder's court. Sec. 8 -4 -27 DESIGN STANDARDS. -- Construction will be in accordance with applicable local building codes. -- Illuminated signs will be inspected by the city's electrical inspector, and must meet all applicable building and electrical codes. - -Off- premise outdoor advertising signs are limited to commercial zones and will not exceed 250 square feet in maximum aggregate sign area. -- Free - standing on- premise advertising signs in commercial zoning districts shall not exceed 100 square feet in maximum aggregate sign area. -- Principal use signs in commercial districts shall not exceed 1 /3rd square foot per linear foot of building frontage. - - Landmark signs shall not exceed 32 square feet in maximum sign area. - -In residential one and two zones, no sign shall exceed the maximum allowable area for a landmark sign. 1 1 1 PAGE 2 Sec. 8 -4 -28 DEFINITIONS Sign: A representation of any material which displays any numeral, letter, word, model, emblem, insignia , device, or trademark or any other representation used as an announcement, advertising, direction, designation or instruction regarding any product, commodity, business, profession, place, person, organization, service or industry. The flag, emblem or insignia of any governmental unit, educational, religious, or charitable group shall be specifically exempt under this definition. For the purpose of this ordinance the types of signs shall be identified as follows: Outdoor Advertising or off - premise sign: Advertises or directs attention to businesses, products, services or activities not conducted at the location of the sign. Principal Use Sign: Sign identifying or advertising the principal land use activity or service occupying the premises upon which the sign is located. Public Information Sign: Sign containing legal, directional or regulatory information, emergency or safety information, or historical data of interest to the general public. Freestanding Sign: A sign supported by one or more upright poles, columns, or braces placed into or upon the surface of the ground, and not attached to any building or structure. Illuminated Sign: A sign illuminated by artificial light. Double -faced Sign: A sign with more than one visible advertising face. A "V" sign shall be considered a double -faced sign providing the least angle of intersection is less than 90 degrees. Canopy Sign: A sign applied to a canopy, awning or other roof -like structure. Projecting Sign: A sign attached to or mounted on the exterior of a building which projects out from the wall. Roof Mounted Sign: A sign erected upon the roof of any building. Portable Sign: Any movable sign intended for temporary use. Landmark Sign: A sign identifying a location, development, subdivision, historical site, community facility, or other place of public interest. Sec. 8 -4 -29 GENERAL PROVISIONS (A) Maintenance: Whenever a sign becomes a danger to the safety of the building or the public, the city shall give written notification to the owner that the sign must be brought into compliance or removed. Exempt Signs: The following signs are allowed without specific permits and /or licensing by the city: - - Traffic regulatory signs, including emergency and warning signs and directional signs conforming to public traffic sign standards. -- Public information and supplemental identification signs conforming to the same standards as public traffic signs. - - Temporary, non - illuminated real estate signs advertising only the sale, lease or rental of the premises upon which the sign is located, limited to one sign for each street frontage. In residential districts real estate signs shall be no larger than six square feet in sign area. -- Window signs relating to the business conducted therein, nonprofit or charitable organization, or special events. - - Temporary political campaign advertising removed immediately after targeted election. -- Awning or canopy signs with letters or symbols identifying address, entrance or exit, or principal use, only if painted, stenciled or otherwise applied directly to the surface of the awning or canopy. 1 1 PAGE 3 Sec. 8 -4 -29 (CONTINUED) (B) Portable Signs: Portable signs, illuminated or not, may be permitted for special events only. They must be removed immediately upon the conclusion of the advertised event. Permits, limited to one per 90 day period, may be obtained from the city for a fee and for a specified length of time not to exceed 21 days. Signs not removed promptly will be taken away and stored by the city at the owner's expense. (C) Off Premise Signs: All off - premise signs shall be permitted and licensed by the city and shall be in conformity with the State Code for Outdoor Advertising. (D) On Premise Signs, Principal use Signs: Facia and /or freestanding signs located on the premises of the advertiser shall be limited to a maximum of 250 square feet in total aggregate area. All such signs shall be permitted by the city. Sec. 8 -4 -30 ILLEGAL SIGNS The following signs are not allowed: -- Signs placed in or obstructing the view of the marsh. -- Signs on trees. -- Signs with flashing lights. - - Signs on public rights -of -way, in city parks, on city beaches or on any other city property unless approved by the governing body. - - Portable signs used for other than special event advertising. For the purposes of this ordinance, the advertisement of retail sales items and other commercial marketing promotions are specifically excluded from the definition of "special event ". ADOPTED THIS 1Y114" DAY OF 0C-1 , 1989. 1st Reading 5.414 144 � vIel 2nd Reading ®C* I mi- rl89 Enacted Oc' l a , 1981 v 1' CITY 5 TGLERR 1 1 1 STATE OF GEORGIA CHATHAM COUNTY AGREEMENT THIS AGREEMENT, made and entered into this 17°.s day of November, 1989, by and between WILLIAM C. WALSH, of Chatham County, Georgia, hereinafter'referred to as party of the first part, and the CITY OF TYBEE ISLAND, GEORGIA, a municipal corporation organized and existing under the laws of the State of Georgia, hereinafter referred to as party of the second part, W I T N E S S E T H WHEREAS, party of the first part has salvaged from the navigable waters of this State a large ship's anchor which is presently located at the intersection of Butler Avenue and U. S. Highway 80 in the City of Tybee Island, Georgia; and, WHEREAS, said ship's anchor is the property of the party of the first part; and, WHEREAS, the presence of said ship's anchor at the present site has the effect of creating a source of pride for the property owners and citizens of the City of Tybee Island, Georgia; and, WHEREAS, the presence of said ship's anchor at said site tends to create a lasting good impression on visitors to the City of Tybee Island, Georgia; and, i 1 WHEREAS, party of the first part wishes to make provision for said ship's anchor to remain in the possession of the party of the second part for as long as it remains on public display; and, WHEREAS, the parties wish to document an agreement to that effect: NOW, THEREFORE, in consideration of the premises, the parties agree as follows: 1. Party of the first part hereby gives, grants and conveys the possession and use of said ship's anchor as described above, presently located at said site mentioned above, unto the party of the second part for as long as said party of the second part and its elected and appointed officials shall allow said ship's anchor to remain on public display. 2. Said ship's anchor is hereby accepted by the party of the second part subject to the terms and conditions contained herein. 3. Party of the second part, for itself and its successors and assigns, hereby agrees that if said ship's anchor for any reason is ever removed from public display, that the same shall then be transferred and delivered unto the party of the first part, his heirs and assigns. 2 1 1 1 4. This instrument shall be construed as being a gift of personal property from the party of the first part to the party of the second part, but the ownership of the ship's anchor in question is expressly subject to the terms contained herein. IN WITNESS WHEREOF, the p rties have hereunto set their, hands and seals on the day and year first above written. William C. Walsh Party of the First Part 1 ���.�,► -� --v. sue.. Witness 44:4Q. Notary Public ROSE E. LANIER Notary Public, Chatham County, Gad My Commission Expires Jan. 12, 1991. THE CITY OF TYBEE ISLAND. GEORGIA By: Mayor k4 of Attest: o�eSli 3 .�. j ncil Cler of Cou Party of the Second Part Notary Public ROSE E. LANIER Notary Public, Chatham County, Ga. My Commission Expires Jan. 12, 1991 3