HomeMy Public PortalAbout19990114CCMeeting1
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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
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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
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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
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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
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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
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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
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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)
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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
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