Loading...
HomeMy Public PortalAbout19990311CCMeeting1 1 Council Minutes Day 1999 -03 -11 City Council Minutes Mayor Pro Tem Donald E. Anderson, Jr. called the March 11, 1999 Council meeting to order at 7:30 P.M. with the following members of Council present: Ed Merves, Jack Youmans, Anne Monaghan, Michael A. Hosti, and Mallory Pearce. City Attorney Hughes stated that Mayor Parker was absent because of the death of a very dear friend. City Manager Bill Farmer was present. Councilmember Monaghan gave the Invocation. The Pledge of Allegiance was recited. Mr. Phil 0' Dell stated that he delivered a letter to City Manager Farmer requesting that Rosewood be opened so that he would have access to his home from the front. 0' Dell said that he is 15 feet away from the paved Rosewood section. 0' Dell also requested a dune crossover at the end of Rosewood. 0' Dell said he would like to have his property rezoned from R to RT. 0' Dell said that a member of Council should not use the City Attorney in order to push his own agenda. Council should have a voice in the issue before the City Attorney is called. 0' Dell stated that the City Council should not be involved in the enforcement of the ordinances. Stan Hedgcorth said that changes to the design of the DeSoto were made with suggestions and recommendation from the Architect Review Board Committee and he thanked the developers. Mayor Pro Tem Anderson read a fax that came from Representative Burke Day concerning the Stephens -Day House Bill 350 saying that with Senator Eric Johnson' s signature that the Tybee citizens will not be taxed in future, higher assessments on their homes. Mayor Pro Tem Anderson opened the two public hearings, asked for comments and closed them according to law. Minor Subdivision of a Duplex for Individual Ownership for Frank Koncul at 609 A & B 6th Street PIN # 4- 15 -1 -6A. Zoning Administrator Byers presented the petition to Council as Mr. Koncul could not attend the meeting. Byers said that the firewall is in place and that the wording is on the plat. Mr. Henry Levy, Chairman of the Planning Commission, stated that it was approve unanimously by the board. There were no questions from Council or the audience. Height Variance for the DeSoto condos at 214 Butler Avenue PIN # 4 -4 -7 -1 was presented to Council by Michael Bailey who is representing the developer Jim Stoeffler. Bailey stated that this would be a 4 -foot height variance in order to have a parapet wall in order to hide the A/C units from view. The wall would be terra cotta in color and would represent the old DeSoto roofline. A parapet wall is not considered in height with the SBCCI. Hosti asked if our ordinance permits the parapet walls. Byers answered that the City code does state parapet walls. Monaghan asked if these plans before Council tonight are the same plans that Planning Commission reviewed. Henry Levy, Chairman of the Planning Commission, stated that they reviewed and found that the plans were in violation of the intersection setback. Levy read parts of the ordinance referencing variances stating that if Council approves this variance tonight they will be changing the ordinance without advertising or a public hearing. Levy said that the A/C units could go within 80 feet of condos at no additional costs except for piping. Levy said that there is room for some horse - trading. Hosti asked how far off the property line on Butler Avenue. Page 1 of 5 1 1 Council Minutes Bailey answered 5 feet. Citizens gave comments from the audience without corning to the podium and stating their names. Bailey said that the foundation of the structure has to be in compliance with FEMA regulations. Pearce asked about the glass being used. Bailey answered they are using the Florida Building Code in reference to the windows. Jeanne Hutton said that Planning Commissioner Judy Winfrey had questions about fire protection. Bailey said that this has been addressed and a 15 to 20 foot easement on the north side would be in the deed. Hughes said that the variance is for parapet walls only. Hughes stated that this issue came up before with a request for a widow' s walk and he wrote a letter on the issue. Byers said that Council turned the change to the code down. Hughes said that the code does state " similar appurtenances" . Hosti said that the A/C units are not pretty. Hosti also said that this is not a personal issue, Council is trying to stop livable space above 35 feet. Hosti said that the A/C units across the street on the roof look like hell. Tommy Clark said that it would be a safety feature for people working on them. Cullen Chambers said it would be good but that he but that he agrees with Levy that it does not qualify as a hardship. Hughes said that in sub - section (e) under variances it states that " other factors" could be considered. A hardship is not a cut and dried thing. Sub - section was codified over Hughes' objections. Youmans said it won' t be the first time and that this will not set a precedent. Susan Dulany said that she fought to save the DeSoto, money was there for the purchase, but the DeSoto was tom down early on a Saturday morning. Rachel Perkins said that she lives on Jones Avenue and 4th Street and that she would rather see more sky. Diane Killorin asked why the design was not drawn to show the parapet walls within the 35 feet. Youmans answered that land values at Tybee are very high and that he would have to eliminate an entire floor and that 4 feet won' t make a difference. Dulany said that she wants it known that the entire Architectural Review Committee did not approve. Hosti said that he hopes the citizens don' t take him the wrong way with his decision. Shell Solomon said that we need to use common sense and that this wall would be the best for Tybee. Hosti said that when you see the A/C units don' t come back and ask why the Council did not vote for the parapet walls. Mayor Pro Tem Anderson opened the meeting for business legally presented to Council stating that he was moving the GMA retirement cola issue under old business up in front of new business. Youmans moved to approve the COLA using the actual each year from the Consumers Index. Anderson seconded. Monaghan asked Farmer for his opinion. Farmer answered that you would have to have an actuarial study each year if variables are adopted, you need to do a fixed %. Hosti asked if the employees contributed to this retirement. Farmer said no that the City pays 7% of a yearly payroll into the fund. Vote by Council was 3 in favor (Youmans, Anderson and Hosti); 3 opposed (Merves, Monaghan, and Pearce). Pearce moved to adopt the 3% COLA for the GMA retirement pension. Monaghan seconded. After another lengthy discussion the Council vote was 5 in favor (Youmans, Monaghan, Anderson, Hosti, and Pearce); 1 opposed ( Merves). Hosti moved to approve the minor subdivision petition from Frank Koncul at 609 A & B 6th Street. Monaghan seconded. Vote by Council was unanimous. Youmans moved to approve the 4 -foot height variance for the DeSoto Condo located at 214 Butler Avenue. Hosti seconded stating that the developer is going out of Page 2 of 5 1 1 Council Minutes his way to make the structure conform to what the old DeSoto looked like. Hughes stated that Council has the right to impose conditions. Vote by Council was 3 in for (Youmans, Anderson, and Hosti); 3 opposed ( Merves, Monaghan, and Pearce). Farmer explained the issue of Rosewood Avenue to Council. 0' Dell stated that he would like to see Rosewood opened and a dune crossover placed at the end of the street. Hughes said that Council could vote tonight if they wished to open Rosewood. 0' Dell said that according to the CORPS of Engineers Rosewood is an open street. Farmer said that that all or even a portion could be open. Pearce stated that Council approved to look at this area for a nature park. Youmans said that he went over to Rosewood today and that it is rat and snake infested. Youmans said that 0' Dell stated at the December 98 Council meeting that he cut an area of Rosewood for access to the beach and that no one said anything to him at that time. Youmans said that tlhe Mayor even thanked 0' Dell for doing it. Pearce said that the painted bunting birds use that area as a habitat. 0' Dell said that he cuts Rosewood at the beginning and end of the season. And then keeps a path cleared to the beach. Pearce said that 0' Dell said it was his right to cut the property. Pearce stated that a neighbor called him to complain and that someone else called Farmer and the City Marshal. Youmans moved that the City Manager drop the charges against 0' Dell. Hosti seconded. Vote by Council was 3 in favor (Youmans, Anderson, and Hosti); 2 opposed (Monaghan and Pearce). Merves abstained from the vote. Hosti moved to accept the minutes as written. Monaghan and Youmans seconded. Vote by Council was unanimous. Pearce moved to accept the bills for the month of January 99. Youmans seconded. Vote by Council was unanimous. Farmer gave a summary of the Moratorium Workshop that took place prior to the Council meeting. The bottom line is that Council will have a conceptual review at he March 25th meeting. Hughes said that a lot of things have been discussed with a few seeming to need more attention than others do, per example the Historic issues and that the setbacks for residential uses in the commercial districts. Hughes stated that there is no way to fix everything before the moratorium expires April 22, 1999. Youmans said that he dislikes having to go through this and he would like to see every item voted on individually. Pearce asked the City Attorney if he had copies of all the recommendations by the committees. Hughes answered yes. Hosti stated that councilmembers need to go to the 3 different committees and find out what that the changes mean so that they will know what they are voting on. Merves said that if we can not understand the meaning of the changes then they should not be ordinances. Hosti stated that there is not much change except for new construction in the commercial districts. Hughes said that you must have an advertised public hearing with the written ordinance. Monaghan said that Councilmembers should set up a meeting with the City Manager to go over any of the changes. Hosti said that residential construction in a commercial zone is also affected. Hughes stated that everyone is affected because of the green space language. Farmer said that the 3- committee chairmen would be present at the March 25th meeting. Hosti stated that the percentages do not mean a thing as far as buildable land. Hughes said that a driveway will qualify as set back area but not as green space requirements. Jeanne Hutton said that this ordinance works in Savannah. Page 3 of 5 1 Council Minutes Farmer explained about the request for a City Planner to work in the Zoning Office. Youmans said that Council at the last meeting approved hiring a full time employee to help in the Zoning office and now you want to add a part time person. Farmer answered that if the Council approve hiring the planning consultant part time then he would hold up on hiring the full time zoning assistant. Youmans moved not to approve the position of a planning consultant. Hosti seconded. Monaghan said that this person would only work 10 hours a week through September to review what the City is doing. Youmans said that neither he nor Merves voted for the extra person in the zoning department. Merves asked Farmer if he feels that the City needs the consultant or if this is out of his expertise field. Youmans stated that when we hired the City Manager it was his job to plan and that he made Ro Fripp the Assistant City Manger to be over planning. Farmer said that if he is forced to answered then the answer would have to be no we do not need consultant. Monaghan said that the consultant would be cost effective. Council vote was 3 in favor of Youmans motion (Youmans, Anderson and Hosti); 3 opposed (Merves, Monaghan, and Pearce). No action was taken on this issue. Merves moved to delay the hiring of the assistant zoning administrator who was approved by Council until after the consultant gives Council an overview and recommendation concerning that department, with the understanding that this consultant will not work past September. Hosti seconded for discussion. Farmer said that he has analyzed the workload and if you reverse your decision on hiring the full time person then you may not get all the work done. Vote by Council was 3 in favor (Merves, Monaghan, and Pearce); 3 opposed (Youmans, Anderson, and Hosti). Monaghan moved to deny the request from Charles Powell for a residential parking space at his home. Hosti seconded for discussion. Vote by Council was 3 in favor (Merves, Monaghan, and Pearce); 3 opposed (Youmans, Anderson, and Hosti). No action was taken on this issue. Youmans moved to permit Mr. Albert Braswell to take his dog on the beach. Youmans said that he met the gentleman about a week ago and he is in bad shape healthwise. Hosti seconded. Vote by Council was unanimous. Youmans moved to allow Bell South at their expense to put the logo, City of Tybee Island or any other message that Council approves on the water storage tank. Anderson seconded. Monaghan said that there is so much interest in the contest. Pearce said that Jaymi form the Savannah Morning News has a folder with some designs that she has received. Merves said that we do not need the logo on the tank. This item will be placed on the March 25th Council agenda. Youmans called for the question. Hughes said that it has to be seconded and then vote don. Anderson seconded. Vote on the question and the motion was tied 3 in favor (Youmans, Anderson, and Hosti); 3 opposed (Merves, Monaghan, and Pearce). Monaghan moved that we accept the offer from Bell South but to determine what we want at the March 25th Council meeting. Pearce seconded. Vote by Council was unanimous. Hughes explained that the moratorium will expire on April 22nd and that if Council wishes to extend the present version or to narrow it down that it must be advertised for a public hearing at the April 8th Council meeting. Pearce moved to advertise for the 8th of April for a public hearing for moratorium issues. Merves seconded. Vote by Council Page 4 of 5 1 1 1 Council Minutes was 4 in favor (Merves, Monaghan, Anderson, and Pearce); 2 opposed (Youmans and Hosti). Pearce moved to go into executive session to discuss litigation against the City. Merves seconded. Vote by Council was unanimous. Youmans moved to reconvene the regular Council meeting. Hosti seconded. Vote by Council was unanimous. As there was no further business to come before Council, Youmans moved to adjourn. Hosti seconded. Vote by Council was unanimous. C- )°,- e. Mayor Pro Tem Donald E. Anderson, Jr. Clerk of Council, jrb Mayor Walter W. Parker Clerk of Council, JRB Page 5 of 5