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HomeMy Public PortalAbout19990114CCMeeting1 1 Day 1999 -01 -14 City Council Minutes Mayor Walter W. Parker called the January 14, 1999 Council meeting to order at 7:30 P.M. The following members of Council were present: Ed Merves, Jack Youmans, Anne Monaghan, Donald E. Anderson, Jr., Michael A. Hosti, and Mallory Pearce. City Manager Bill Farmer and City Attorney Edward Hughes were present. The Reverend Lee Bennett gave the invocation. The Pledge of Allegiance was recited. Mayor Parker requested that Don Meyer of the Water Sewer Department come forward and accept a plaque and a check in appreciation of the 25 years that he has been a good and dedicated employee of the City. Mayor Parker said that Don is usually the man who comes when there is a problem. Former Councilmember Phil 0' Dell addressed Council on the value of the history of the historic structures on the island. 0' Dell announced that he is going to close on the old theater in the morning. At this time 0' Dell stated that he was not sure of his plans for the building. 0' Dell said that the theater was built in 1930. Rachel Perkins, a ten -year resident, addressed Council about having free parking during the months of November, December, January, and February. Perkins said that if this could not be done then could Council please make the times and money amount stickers on the parking meters bigger so that you can read them. Charlie Waggoner presented Council with the drawing of the proposed park on Inlet and Butler. Waggoner commended Mr. Henry Levy and his firm for drawing the plans; Hussey, Gay, Bell and DeYoung for the engineering; Whitley Reynolds for the survey work; and Howard Belligner and Rowena Fripp for all the time that they put into this project. Waggoner said that all of this was done pro bono and that Council should do something to recognize this in some way. Waggoner requested that Council passed the resolution coming before them later on in the meeting for a ITEA grant. Youmans said that last year that Council said no one way street, but it is shown on this drawing as one way. Merves said that this would be only a circle. Parker said it only involves 1 block. Waggoner mentioned the parks in Savannah. Youmans answered that the parks were there before the houses. Parker said a lot of hard work has gone into this project and that the City appreciates it. Mayor Parker opened, asked for comments, and closed the following 6 public hearings according to the law. Mr. Jim Taylor presented Council with a petition for a minor subdivision in the Phase III North Wave project stating that he is donating the lots to the DNR and needs a money value on the lots. Parker said that these are unbuildable lots and that Mr. Taylor will get a small tax break for donating the lots to the state. Taylor said that this would enhance the other lots. Pearce commended Taylor for saving the green space. Ms. Sally Keller, Chair of the Planning Commission, stated that it was recommended for approval. There were no comments from the citizens. Attorney Thomas Mahoney presented Council with a petition from Mike Ryan for a minor subdivision of a duplex in Captain' s Row. Mahoney said that all codes have been met. Keller said that the Planning Commission recommended approval. There were no comments. Attorney Thomas Mahoney presented Council with a petition from Mike Ryan for Site Plan Review at #2 17th Place for 6 units. Mahoney said that it is properly zoned. There will be an 8 to 10 feet setback on the north and south sides of the structure. Mahoney passed out an engineering report from Hussey, Gay, Bell and DeYoung on the drainage for this petition and the next petition. Pearce asked about the setbacks. Mahoney said 8 to 10 feet on the north and south sides. Pearce said that 17th Place is a very narrow street. Mahoney said that it is ten feet wide. Pearce mentioned the flooding of the street. Mahoney said they are aware of the flooding. Keller said that the Planning Commission recommended approval, but that some citizens had concerns about the drainage and they referred them to Councilmember Monaghan. Monaghan said that the drainage concern has been answered. Attorney Thomas Mahoney presented Council with the petition from Mike Ryan for Site Plan Review for a 14 unit structure at #9 17th Place. Mahoney said that there are 28 parking spaces below the units and that no variances have been requested for this project. The street cut will be addressed on the final plans. Pearce asked if this project would be built to the property lines? Mahoney answered some parts of the structure. Ryan said that there is a 10 -foot setback on the front. Pearce questioned the drainage. Mahoney said that they have relied on the engineers to go over the plans and give findings. Hussey, Gay, Bell and DeYoung have recommended approval and that the drainage will likely be improved because of #2 17th Place project. Pearce said that he would like more detail on the drainage. Zoning Administrator Byers stated that the Mayor has the engineering plans. Pearce mentioned the letter from SEPCO concerning setbacks. Mahoney said that he had not seen the letter. A citizen gave Mahoney her copy. Parker asked Penn Myrick if he had any problems with SEPCO. Myrick said that SEPCO works with the developers. Parker asked the same question of Ryan. Ryan answered none at all. After Mahoney read the letter out loud he stated that the letter is requesting that the City work with SEPCO to discuss the setbacks. Pearce asked about the traffic flow. Mahoney answered that it has been considered and that it is a one way street and he sees no difference in the traffic flow. Youmans said that all this has nothing to do with the site plan review. Mahoney stated that Ryan does not propose to change the street. Hughes said that the setback regulations in the subdivision ordinance do not address commercial. Keller said that Planning Commission recommended approval. Byers read the engineering letter from Hussey, Gay, Bell and DeYoung. It was so noted by Hosti and Youmans that the drainage from Strand to Back River is a 30 to 36 inch pipe that was put in place when Burke Day owned the property from Butler to Strand on 18th Street. Some one asked if there was a drainage pipe running down 17th Place. Parker answered no. Parker said that the developer will have to have drainage where his project will impact others. Ryan said that storm drainage is part of the requirement and that he will pay for it. Mr. Dick Smith presented Council with the petition from Mr. Frank Koncul for a Site Plan Review at Highway 80 and Lullwater for 2 townhouses. Hughes said that there is an issue on whether what is proposed will meet the definition of 1 1 1 townhouses in our ordinance Hughes stated that he needs time to research the issue. Smith said that according to the ordinances that Koncul could build 8 units instead of 2 townhouses. The amount of fill dirt was discussed. Smith said that the land is no higher than the road. Smith said that 2 trees were cut that should not have been cut down but that mitigation has been completed with the City. Smith asked for a continuation on this project until the next meeting. Pearce read a letter from Farmer concerning issues with this project. Smith stated that a stop work order was issued and that Koncul met with the City Marshal. Pearce asked who Koncul met with to mitigate the tree issue with at City Hall. Smith answered the City Marshal and the Zoning Administrator. Keller said that the Planning Commission saw that the project met the requirements for a site plan review but did not pick up on definition for the R -2 district and that they recommended approval upon mitigation of the trees. Perkins said that mitigation is done when trees need to be removed according to the ordinance but penalty is required for illegal removal. Storm drainage was a concern. Youmans said that drainage has been a problem for a long time. Brenda Watrous complained about her drainage at Eagles Nest. Youmans said that a mosquito control dug the ditch and then DOT put a culvert for drainage. Watrous said it all drains onto her property. Parker stated that DOT, the City and Burke Day met to see what kind of improvements could be made. Farmer said that was about 2 months ago and we have not heard anything. Parker asked Farmer to look into this issue. Tim Oliver said that in the past 5 years that he has had problems with flooding. A lady from the audience said that since the lots were cleared that she can now see and hear everything on Highway 80. Angel Schroeder said that she owns a lot at the end of the dead end street and isn' t it illegal by ordinance to put dirt on a lot. Anderson said that it is illegal to put fill in the marsh but not on high land. Pearce said that he will need better answers if Koncul expects his support at the next meeting. Pearce requested that Hughes look into the violation of the tree ordinance and recommend to staff. City Attorney Hughes gave the first reading on the moratorium zoning text amendment. Hosti said that there is a small conflict in Section 2 — the words " single family" need to be removed if adopted. Keller said that this version of the ordinance is not what Planning Commission members were given to consider. Keller said that at the workshop that there was no evidence of any emergency for the moratorium. Youmans said that this needs to be tabled until Planning Commission has had a chance to go over. Pearce answered that the moratorium was requested at the last meeting and that was ample time for Planning Commission to review. Parker said that the moratorium has been revised since the Planning Commission met. Tom Fassig, Inge Stein, James M. Carter, Pam 0' Brien, Jeff Schroeder, Rene Heidt, John Potter, Diane Killorin, Nina Moras, Cullen Chambers all spoke in favor of the moratorium. John Jarvis, Bonnie Gaster, Tony Sapone, Linda Macaffy spoke in opposition of the moratorium. Penn Myrick recommended that Council appoint an architectural review committee to work hand in hand with the Planning Commission. This committee would judge the type of projects coming onto the island. At this point you don' t know what 1 1 1 they will look like. About 3 people should be appointed. This would enhance the look of Tybee. Jimmy Burke questioned when will the sewer plant upgrade be complete? Farmer said that the design is ready and should be bid in 6 months and then it would be a year for completion of the upgrade. Burke asked how a moratorium being in place will help. Parker answered that it would give us a chance to look at the districts and tighten up the zoning laws. Fire Chief Brown said that we have one of the best volunteer departments in the Chatham areas and that Council has always supported their needs. Brown stated that in 93 the City went after and received an ISO class 4 rating. Brown said that he made the decision to call the Savannah Fire Department for assistance at the Hunter House fire because of the smoldering in the roof area, the fire was under control at all times. Brown said that there was no access problem with the fire on Lullwater. Merves said that according to the ordinance that was read that there is a provision for hardships. Pearce asked Cullen Chamber about the age of a structure to qualify as historic. Chambers said that 50 years or older. Mayor Parker called for a five - minute recess. Mayor Parker opened the meeting for business legally presented. Monaghan moved to accept the December 10th and 28th Council minutes as written. Anderson seconded. Vote by Council was unanimous. Pearce moved to approve the minor subdivision for Phase III of North Waves. Youmans seconded. Vote by Council was unanimous. Youmans moved to approve the minor subdivision of a duplex at Captains Row for Mike Ryan. Anderson seconded. Vote by Council was unanimous. Youmans moved to accept the site plan from Mike Ryan for #2 17th Place. Anderson seconded. Vote by Council was unanimous. Youmans moved to accept the site plan from Mike Ryan for #9 17th Place. Anderson seconded. Vote by Council was 4 in favor (Merves, Youmans, Anderson, and Hosti); 2 opposed (Monaghan, Pearce). The petition from Frank Koncul will be continued until the next meeting. Pearce moved to adopt the ordinance on the moratorium on its first reading for 90 days and the age of the structure at 50 years or older. Monaghan and Merves seconded. Youmans said that the City does not have any type of emergency in order to approve this moratorium. Youmans said that a moratorium will not accomplish anything. Youmans further said that all the ordinances have been reviewed and updated since Farmer became the City Manager. Pearce said that there is a lot of work to do. Vote by Council was 5 in favor (Merves, Monaghan, Anderson, Hosti, and Pearce); 1 opposed (Youmans). Monaghan motioned to hold a special Council meeting on Monday, January 18th, 1999. Merves seconded with the time being set at 7 P.M. Vote by Council was 3 in favor (Merves, Monaghan, and Pearce); 3 opposed (Youmans, Anderson, and Hosti). Mayor Parker broke the tie by voting in favor of the special meeting. Judy Winfrey, Whitley Reynolds, Pam 0' Brien, Marianne Brouilette and Shirley Sessions were appointed to the Planning Commission. City Marshal Chuck Bargeron addressed Council on the issues of the moratorium 1 1 1 concerning building applications and site plans already handed in to the City building department. Bargeron said that they need some guide lines to go by. Hughes said that any pre - existing building permit issued will not be affected. Bargeron said that between now and Monday there will be armloads of applications handed it to their department. Hosti said that Council will set a date Monday night. Farmer said that before Council is information on Waste Management concerning an over charge that the City has paid and that he is holding a $72,000 check until it is settled. Hosti moved to adopt the Resolution for the Tybrisa Park. Anderson seconded. Youmans asked what happens if we do not get the grant. Parker said that the resolution would be null and void. Vote by Council was 5 in favor (Merves, Monaghan, Anderson, Hosti, and Pearce); 1 opposed (Youmans). Farmer said that Council should name the park at the next meeting. Pearce moved to adopt the Resolution on the reopening of Solomon Avenue from Jones 60 west. Merves seconded. Vote by Council was 4 in favor (Merves, Monaghan, Hosti, and Pearce); 2 opposed (Youmans, Anderson). Youmans moved to grant an extension for construction easement to the Ocean Plaza. Anderson seconded. Vote by Council was unanimous. The request for the hiring of a full time cashier from Finance Director Patricia Pagan will be deferred until the next meeting. The appointed committees by Mayor and Council will be reviewed at the Special Council meeting on January 18th, 1999. Youmans said that he moves for the additional 1% raise for employees but that it will not be classified as part of the COLA for 99. Youmans said to classify it as Mayor appreciation increase. Hosti seconded. Vote by Council was 5 in favor (Youmans, Monaghan, Anderson, Hosti, and Pearce); 1 opposed (Merves). Pearce moved to adopt Section 6 -3 -1 Water Sewer Charges on its second reading. Monaghan seconded. Youmans said that this needs to be tabled until the studies from Hussey, Gay, Bell and DeYoung have been reviewed. Vote by Council was 3 in favor (Monaghan, Hosti, and Pearce); 3 opposed (Merves, Youmans, and Anderson). Mayor Parker broke the tie by voting in favor of the ordinance. Anderson moved to adopt Section 2 -1 -1 Compensation of Mayor and Councilmembers on its first reading. Youmans seconded stating that there has been no increase in at least the past 12 years. Vote by Council was 5 in favor (Youmans, Monaghan, Anderson, Hosti, and Pearce); 1 opposed (Merves). Mayor Parker adjourned the meeting at 10:45 P.M., as there was no further business to come before Council. Mayor Walter W. Parker Clerk of Council 1 1 RESOLUTION Tybrisa Park Whereas, on January 8, 1998, the City Council of Tybee Island established the Tybrisa Park Commission to assist the City in establishing a new Park at the southern terminus of Route 80, at Tybrisa Street, in Tybee Island, and Whereas, after approximately 12 months of planning and preliminary design effort, a Park Design Concept has been developed having an approximate total price estimated at $312,500, and Whereas, The Tybrisa Park Commission is recommending to the City Council that the City accomplish the next phase of establishing the new park by approving the Park Design Concept, by seeking funding for the park, and by accomplishing additional efforts towards the establishment of the park; NOW, THEREFORE, be it resolved by the City Council of Tybee Island, that: 1. The Tybrisa Park Design Concept, as attached hereto, is approved for establishment of a Park on city -owned property at the southern terminus of Route 80, at Tybrisa Street, in Tybee Island, having an estimated design, development, and construction cost of $312,500. 2. The City shall apply for a grant from the Georgia Department of Transportation, Intermodal Transportation Enhancement Administration, in the amount of $250,000. 3. The City shall provide matching funds in the amount of $52,500 of in -kind contributions, plus $10,000 cash, towards the park costs, concurrent with receipt of the GA DOT grant funds. 4. The City authorizes the Tybrisa Park Commission to continue assisting the City in establishing the new Tybrisa Park by participating in applying for the grant from the Georgia Department of Transportation, and by converting the Park Concept Design into more complete development and construction plans and specifications for approval by City Council. RESOLVED, this t 4 t31 day of Q GLivtcL._, City Council of Tybee Island, Georgia. Jackie Brown, Clerk of Council ,1999, by the alter W. Parker, Mayor 1 1 RESOLUTION WHEREAS, Solomon Avenue is a part of the municipal street system owned by the City of Tybee Island (the "City ") and it is therefore public property and should retain a public use; and WHEREAS, the City by and through resolution of the Mayor and Council dated the E va tit day of Noirc m D e V , 1998, entered a resolution closing the portion of Solomon Avenue from Jones Avenue West for sixty (60) feet on a temporary basis, in order to evaluate the impact of such closure; and WHEREAS, the City has at all times retained title to Solomon Avenue and not abandoned its interest therein; and WHEREAS, the impact of the closure of this portion of Solomon Avenue has been determined to be detrimental and the closure inappropriate at this time; NOW, THEREFORE, be it resolved by the Mayor and Council of the City of Tybee Island duly assembled effective the \4431 day of J41mwoni , 1994 Solomon Avenue between Jones Avenue for a distance of sixty (60) feet to the west is hereby re- opened and all barricades are to be removed. ADOPTED this 1 `0 day of , 1999. ATTEST: AC ELY R. BROWN, CLERK WALTER W. PARKER, MAYOR 1 1 1 6 -3 -1 ORDINANCE NO. 1999-01 It is hereby ordained by the governing authority of the City of Tybee island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 6 Municipal Utilities, Chapter 3 Combine Water and Sewer Rate Schedule, Section 1 Water and Sewerage Charges, be amended to read as follows: Secti n 1. Section 6 -3 -1 is hereby amended to read as follows 6 -3 -1 Water and sewerage charges. (a) From and after the effective date of this chapter there shall be established a water -sewer service charge for each connection to the water - sewerage system of the city both inside and outside the city limits, and each water -sewer service customer shall pay the appropriate water - sewer charge established herein. (b) The rates for all water -sewer service customers shall have a minimum base charge and said minimum base charge shall be considered a set standard or readiness to serve charge and will be charged whether the .remises are occu ied or not. The standb minimum base charge, er residential unit, shall be is for water service and per month is for minimum base charge for commercial customers shall be per month, of which per month is for water service and ($10.68) per month is for sewer service. Commercial users licensed for hotels, motels, apartment houses, campgrounds and nursing homes shall pay a monthly base charge of en dollaits And per unit, of which • is for water service and the remammg . ' • ..€ . .: .. - - .. . - _ _ . ! is for sewer service. In cases of abandoned or unoccupied houses, the readiness to serve charge will continue until the meter is removed by the City, at which time the charge will be discontinued. (c) The rate charges for water -sewer service shall be determined by the amount of water used and these charges shall be as follows: Residential Sewer, per thousand (1,000) gallons Water, per thousand (1,000) gallons Commercial APPROVED BY WATER/SEWER COMMITTEE 8- 14 -91. APPROVED BY MAYOR & COUNCIL 9- 12 -91. (1992 -14 7/9/92)(1995 -3; 3/9/95)(1996- 12;6/13/96) (1999 -01; 1/14/99) Page 1 of 2 1 1 6 -3 -1 The foregoing ordinance was passed and adopted at a regular meeting of the City Council on Janaury 14th 1999. Mayor Walter W. Parker Clerk of Council Page 2 of 2