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HomeMy Public PortalAbout19951012CCMeeting1 1 1 1995- 10 -12. Council Meeting The Tybee Island City Council held its regular monthly meeting on Thursday, October 12th with Mayor James P. Locklear presiding. The following members of Council were present: Katrina Hughes, Jack Youmans, William Remeta, Phil O'Dell, and Mariann Wildi. Councilmember Paul Jackson was absent. City Attorney Edward Hughes was present to represent the City on legal issues. Mayor Locklear called the meeting to order. Mayor Locklear introduced the new pastor of Saint Michael's Church, Father John Fitzpatrick, who is a native of Savannah, and has spent the past 20 years in Augusta. Father Fitzpatrick gave the invocation. Mayor Locklear led the Pledge of Allegiance. Mayor Locklear opened the meeting for business legally presented. Councilmember Wildi moved to accept minutes from the previous meetings. Councilmember Hughes seconded. Vote by Council was unanimous. Mayor Locklear introduced a close and personal friend, Brigadier General Dieter Kellein, from Bonn, Germany. Mr. Jeff Mosley, Georgia District Director of ESA requested permission to hold surfing events on October 14th and November 18th, with rain dates to be October 15, 21, 22, 28, 29 and November 19, 25, 26 and December 2, 3. Mr. Mosley also asked about using the North Beach area. Councilmember Hughes moved to approve on the condition that Councilmember Remeta discuss these events with the chief, and that Mrs. Brown makes sure that the area is available. Councilmember Remeta seconded. Vote by Council was unanimous. Ms. Ann Carol Trammell, representing Xi Delta Chi Sorority, asked permission from Council to hold the Second Annual Taste of Tybee on April 13, 1996 in Jaycee Park, with a rain date of April 20, 1996. Ms. Trammell said the theme is Dream Catcher and that proceeds will go to the Marine Science Center. Councilmember Wildi moved to approve. Councilmember Remeta seconded. Vote by Council was unanimous. Sgt. Larry Lowers, TIPD, presented Matt Cary with a plaque naming him as Explorer of the Year. Sgt. Lowers also asked permission for the Peddle with the Pigs event to be held on October 21, 1995. Councilmember Hughes moved to approve, with Councilmember Remeta seconding. Vote by Council was unanimous. Mr. Jim Kluttz introduced Mr. Bob Ciucevich, who has been hired by the Tybee Historic Society to do a survey of the entire island for historic districts. Mr. Kluttz said that three area mentioned so far are the Strand, the business district and the back river. Mr. Kluttz said that there are tax benefits for persons who restore their property and that we need to make the public aware of what we have on the island. 1 1 1 Ms. Sue Brockway of the Marine Science Center asked Council if they could use a City tractor and trailer for a beach hayride for the volunteers that have worked at the Center. The date and time would be November 19 from 5 to 7 P.M. Councilmember Youmans questioned the liability insurance. City Attorney Hughes asked if City personnel would be involved. Ms. Brockway said that the Center had planned to pay the employee. City Attorney Hughes said that he would check with GIRMA. Councilmember Wildi said that Superintendent Pye has no problem with request. Councilmember Wildi moved to approve the request contingent on City Attorney findings from insurance company. Councilmember O'Dell seconded. Vote by Council was 4 in favor (Hughes, Youmans, O'Dell, Wildi); 1 opposed (Remeta). Mayor Locklear presented a request from Mr. Red Ball to have the Saint Jude's Bike a thon on October 21st from 9 A.M. until 2 P.M. The event will be held around the Memorial Park area. Councilmember O'Dell move to approve. Councilmember Wildi seconded. Vote by Council was unanimous. City Administrator Fripp explained the request from the YMCA to hold the Pumpkin Patch event in the park for family on October 28th and for schools on October 30th and 31st. Councilmember Youmans asked what is the charge,and the hayride can not be on the beach. Councilmember Wildi moved to approve, with Councilmember O'Dell seconded. Vote by Council was unanimous. Mr. John Jarvis said that more publicity is needed on the Charter question on the November ballot. Mayor Locklear read the question that will appear on the ballot. Councilmember Hughes said that the manager position is the only major change and the rest is only to update our present Charter by bringing it into compliance with the State of Georgia laws and regulations. Councilmember Youmans said that the whole Charter has been changed without input from citizens or the Council. Dr. Don Bohannon questioned the repair and construction of the dune crossover at the end of 7th Street with seating area. Mayor Locklear said that the residents have requested seating so that they can sit and watch the ocean. If you see a problem developing please call the police. Mayor Locklear opened and closed the following Public Hearings according to rules of procedures. 1.) Zoning Administrator Byers read the Maritime District. Mrs. Iris Scarbrough said that they did not ask Tybee Island to annex their marina and that they are responsible adults and do not need for people to tell them how to run their business. Mrs. Scarbrough requested that this be tabled until her lawyer can review. Mr Michael Scarbrough said "Passenger Cruise Lines" is not fair and it is not fair to restrict his business. Mr. Scarbrough said that the Planning Commission recommended to remove passenger cruise line and replace with "by rights ". Mayor Locklear asked if anyone else would like to address this issue. 1 1 1 Councilmember Youmans moved not to accept and to leave whole area as C -2. Councilmember Remeta seconded. Councilmember O'Dell moved to table, have another workshop with Council and the property owners. Councilmember Youmans seconded. Vote by Council was unanimous. 2.) Mr. Keshvji Gala presented the petition for Mr. Navin Shah, 404 Butler Avenue, PIN 4- 4 -20 -1 on the Site Plan review and a Height variance for a 80 room motel, 3 stories high. Mr. Jim Kluttz asked what is the height? Chairman Richard Frankenhauser said that the petition started out at 48 feet but was adjusted to 44.4 feet. Ms. Susan Delany said that the City is always doing things backwards. Developers know what our laws state when they come in with request. Councilmember Hughes moved to table, send back to the planning Commission with a true set of plans. Councilmember Wildi seconded. Vote by Council was 3 in favor (Hughes, Youmans, Wildi); 2 opposed (Remeta, O'Dell). 3.) Mr. Jim Stoeffler presented his petition for a Minor Subdivision at 1201 Bay Street, PIN 4- 21 -16 -5. No one spoke for or against. Councilmember Hughes moved to approve. Councilmember Youmans seconded. Vote by Council was unanimous. 4.) Amendment to Land Use Plan - Definitions Privacy fence. Amendment is "not to exceed 8 feet in height ". Mr. Tom Bradley asked if this was the neighborhood marina. Mayor Locklear said this addresses dumpsters. Councilmember Hughes moved to accept amendment. Councilmember Youmans seconded. Vote by Council was unanimous. 5.) Amendment to Land Use Plan - Section 16 Protective Screening of Adjacent Residential Property. Zoning Administrator explained that when adopting the solid waste ordinance last month, the section concerning setbacks was deleted. We need to delete (e) from protective screening. Councilmember Hughes moved to accept amendment. Councilmember Youmans seconded. Vote by Council was unanimous. The bills for September were reviewed, found in order, and recommended to be paid. The Mayor stated that hearing no objection, so be it. General Government - $38,446.28; Police - $58,769.81; Fire - $6,905.42; Public Works /Sanitation - $59,375.16; ECCA - $18,685.89; Water /Sewer - $50,013.07; Fund Three - $61,394.30. The following ordinances were presented for second readings: 1.) Land Use Plan - Neighborhood Marina. Councilmember Hughes moved to adopt. Councilmember Youmans seconded. Vote by Council was unanimous. 2.) Code Section 5 -2 -22 Storage Practice (a) Preparation of refuse. Councilmember Youmans moved to accept. Councilmember Hughes seconded. Vote by Council was unanimous. 3.) Code Section 5 -2 -22 Storage Practices (b) Commercial refuse. Councilmember Hughes moved to adopt. Councilmember Wildi seconded. Councilmember Hughes moved to amend the wording by adding "nor more than eight (8) feet" after not less than six (6) feet. Councilmember Wildi seconded. Vote by Council was unanimous. 1 1 1 4.) Code Section 5 -2 -1 Definitions Privacy Fence. Councilmember Hughes moved to adopt with the wording of "not to exceed eight (8) feet ". Councilmember Youmans seconded. Vote by Council was unanimous. Councilmember Youmans moved to table Ordinance Section 2 -4 -6 (e) through (q) until the November Council meeting. Councilmember Hughes seconded. Vote by Council was unanimous. Councilmember Youmans moved to table property maintenance ordinance proposed changes for attorney research. Councilmember O'Dell seconded. Vote by Council was unanimous. Councilmember Hughes moved to deny a business license request for mobile sales from Wilson -N Sons. Councilmember Youmans seconded. Vote by Council was unanimous. Councilmember Hughes said that the budget adjustments for the 1995 fiscal year were done at a workshop between Council and department heads on October 2, 1995 and moves for approval from Council. Councilmember Remeta seconded. Vote by Council was unanimous. Councilmember Youmans stated that at the September Council meeting he was requested to hold a committee meeting on the gym proposal. He gave a report on that meeting. Councilmember O'dell was suppose to get information from other sources on the price of a metal building. Councilmember O'Dell said that information should be in your box and would Councilmember Youmans consider tabling any decisions on the gym until he can go over proposal. Councilmember Youmans said that a special called meeting would be scheduled after committee has seen information. City Attorney Hughes asked that if a special Council meeting is called that we add the Business Occupation to the agenda. City Attorney said that the Business Occupation would have to be advertised as a Public Hearing, you will need to abide by legal notice laws. Mayor Locklear said that Cooperative Agreement with Fort Pulaski has been signed and mailed. As there was no further business to come before Council the meeting was adjourned. Mayor James P.Locklear Clerk of Council, JRB 1 1 1 Ordinance # 1995 -10 . BE IT ORDAINED, and it is hereby ordained, by Mayor and Council in open meeting assembled, that the Tybee Island Code of Ordinances be amended by the addition of (G) N-M Neighborhood Marina District in the Land Use Ordinance Title 8, to read as follows: (G) N -M Neighborhood Marina District. The purpose of this district is to reserve those waterfront areas which have value for commercial land uses involving pleasure and commercial water craft. The N -M district is intended to be used for neighborhood marina facilities with a modest scale of operation. These facilities shall be developed so as to be compatible with any adjacent residential properties and shall not be detrimental to persons or property on or off the site. (1) General requirements . A site plan shall be submitted to the Planning Commission for review and to the Mayor and Council for approval that meets the requirements of Article V and contains the following information: a. A document indicating the general operating hours of all activities to be included in the marina and what safeguards are to be used to insure that the marina's activities will not become or represent a nuisance or hazard to the surrounding property owners or tenants thereof. -Examples of additional subjects to be covered shall include, but not necessarily be limited to, probable flooding, erosion, fire, explosion and subsidence of the proposed buildings and structures. (2) Design standards. The development plan shall comply with the following standards: a. Access shall be located, designed and improved for safety, convenience, efficient circulation, on the property and minimum interference with normal traffic flow on adjoining streets . Driveways and curb cuts intersecting with public rights -of -way shall be marked and shall not exceed a maximum width of thirty (30) feet. Curbs, blockades, bumper blocks or other devices shall be used to control and channel traffic, to separate pedestrian ways from vehicular ways, and to prevent entry to and from adjoining streets except via a designated driveway. b. Yards shall be provided as required for the adjoining districts and shall be landscaped and improved in a manner appropriate to the residential character of the adjacent district; provided, however, that a street front and residential side setback be a minimum of five (5) feet with a six -foot minimum height solid faced and continuous fence, or other structure with no openings shall be erected and maintained. Any hedge and other screening structures shall screen the adjoining property from the activities of the marina. c. The structure(s) housing the activities of the marina shall not occupy more than forty (40) per cent of the total lot area. Article IV Zoning Districts p 1 d. Only one principal use sign shall be visible from the adjacent public street. That sign shall not exceed a maximum size of thirty -two (32) square feet in area nor eight (8) feet in any outer dimension. Any sign if illuminated shall be externally lit, non - flashing and containing no neon illumination. The maximum height of the sign shall not exceed fifteen (15) feet above the average ground elevation of the base of the sign or from the structure foundation to which it is attached. No sign shall be located closer than five (5) feet to the property line or street right -of -way. e. Plans for extensions and /or business expansion will be accompanied by a detailed proposal and submitted to the governing body for approval prior to implementation. f . All structures built within this district shall comply with the same height requirements specified in Article III Section 9 for R -2. (3) Uses Permitted by Right after site plan approval. In a N -M Neighborhood Marina district, land may be used and buildings or structures may be erected or used for the land uses listed below after a site plan has been submitted to the zoning administrator, the planning commission has reviewed the site plan and made comments, and the Mayor and Council has granted site plan approval at a regularly scheduled meeting. a. Boat launching facilities, b . Bait shops; and c. Retail sale of boating provisions . (4) Uses Permitted after Special Review and Site Plan Approval. In a N -M Neighborhood Marina district, land may be used and buildings or structures may be erected or used for the land uses listed below after a site plan has been submitted to the zoning administrator, a truitlie - -j12G hearing has been held by the planning commission, and the Mayor and Council has granted approval at a regularly scheduled meeting. At these public meetings, the proposed land is reviewed under criteria for both site plan approval and special approval. a. lounges and package shops, for the retail sale of malt and alcoholic beverages, b. Restaurants, c. Watercraft & equipment rental, d. Watercraft sales & dry dock storage, e. Wholesale & retail seafood sales; and f . Machine repair shops . Neither a site plan nor special approval is required on internal changes to existing structures unless it causes or requires external changes to meet the requirements of this ordinance. Adopted this day of , 1995. Clerk of Council 1st Reading: September 14, 1995 2nd Reading: Enacted: Mayor James P. Locklear 1 Ordinance #1995 -12 Be it ordained, and it is hereby ordained, by Mayor and Council in Open Meeting assembled that the Tybee Island Code of Ordinances, Chapter 2, Title 5, Section 22 Storage Practices (a) shall be deleted and replaced with a new paragraph titled and numbered the same to read as follows: (a) Preparation of Refuse: Residential refuse shall be placed in uniform roll out carts as provided. Adopted this day of , 1995. Mayor James P. Locklear Clerk of Council 1st Reading: 2nd Reading: Enacted: [5-2-22.dft] 1 Ordinance *1995-13 Be it ordained, and it is hereby ordained, by Mayor and Council in Open Meeting assembled that the Tybee Island Code of Ordinances, Chapter 2, Title 5, Section 22 Storage Practices (B) be deleted in its entirety and replaced with new wording, titled and numbered the same to read as follows: 5 -2 -22. Storage practices. (a) Preparation of Refuse: Residential refuse shall be placed in uniform roll out carts as provided.(ORD. 1995 -12; 10/12/95) (b) Refuse containers. Commercial refuse shall be placed in a commercial dumpster of sufficient size to handle the amount of refuse generated by said commercial establishment. In the event that a commercial establishment cannot have a dumpster placed on site, sufficient uniform roll out carts shall be used. (1) Commercial dumpsters shall be enclosed by a privacy fence not less than six (6) feet nor more than 8 feet in height. Flooring shall be a concrete masonry pad sufficient to place the required size of the dumpster on. Enclosure shall be constructed to include cement filled steel posts with a minimum height of five (5) feet to be placed three (3) feet from sides of enclosure. Enclosure shall be a minimum of eleven (11) feet wide and eleven (11) feet in depth with a front clearance for gating to be 180 degrees, with an access lane of no less than 100 feet of unobscured finished surface. Dumpster flooring shall be place at the same elevation as finished grade of lot surface.(ORD. 1995- 12; 10/12/95) (c) Storage of refuse (1) Each householder, commercial establishment or person having refuse shall provide himself with approved refuse containers and shall place and keep all refuse therein as provided in this article relating to handling of rubbish. (2) It shall be unlawful to place refuse in any street, alley or any other public place, or upon private property, whether owned or not, unless that refuse is placed in an approved container, as provided in this article. (3) It shall be unlawful to place refuse in any stream or body of water, or in any place inconsistent with the provisions of this article. (code 1970, 8 -18) Adopted this 12th day of October, 1996. Mayor James P. Locklear 1 Ordinance # 1995 -11 Be it ordained, and it is hereby ordained, by Mayor and Council in Open Meeting assembled that the Tybee Island Code of Ordinances, Chapter 2, Title 5, Section 21 Definitions be amended by the addition of (7) Privacy Fence to read as follows: 5 -2 -21. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them in this section: (1) Apartment, rooming houses, hotels, tourist courts and motels shall include those facilities licenses as such by the city in which two (2) or more units are rented or offered to the public for rental. (2) Ashes shall mean the residue resulting from the burning of wood, coal coke or other combustible material. (3) Disposal shall include the storage, collection, disposal or handling of refuse. (4) Family dwelling unit shall mean a structure providing housing for a collective body of persons forming one household under a common head. (5) Garbage shall mean all animal and vegetable wastes resulting from the handling, preparation, cooling and consumption of foods. (6) Person shall include any natural person, association, partnership, firm or corporation. (7) Privacy Fence - wood, metal or masonry structure no to exceed.,s i8) feet in height from average adjacent g'a�• grade. (ORD. 1995 -11; 10/12/95) u`5 (8) Refuse shall mean all solid wastes, except body wastes, and shall include garbage, ashes and rubbish. (9) Rubbish shall include glass, metal, paper, plant growth, wood or nonputrescible solid wastes. (Code 1970, 8 -17) Adopted this 12th day of October, 1996. Clerk of Council Mayor James P. Locklear IN REPLY REFER TO: United States Department of the Interior NATIONAL PARK SERVICE Southeast Field Area 75 Spring Street, S.W. Atlanta, Georgia 30303 REAFFIRMATION MEMORANDUM AGREEMENT NO. CA- 5420 -0 -9001 We, the undersigned, have the authority and do hereby reaffirm this agreement between the National Park Service and the City of Tybee Island for the purpose of Structural and Wildland Fire Services at Fort Pulaski National Monument. The original agreement was signed by John Breen, Superintendent, Fort Pulaski National Monument, Priscilla Nalls, Contracting Officer, for the National Park Service, Southeast Region; and the Mayor of Tybee Island, and Jacquelyn Brown, Clerk of Council, for the City of Tybee Island, and dated August 22, 1990. This agreement and all its terms and conditions is to continue in effect for an additional five years from August 27, 1995 to August 26, 2000. NATIONAL PARK SERVICE Stuart Joh Superinten Atlantic Coast Cluster Contracting Officer Southeast Field Area City of Tybee Island Name: Title: Mayor �N C me ) t itl &' Clerk of Council q_ 2 6 -43 Date q-02 - q5 Date Date • L Date