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HomeMy Public PortalAbout19990812CCMeeting@ @ITEM 1999 -08 -12 Mayor Walter W. Parker called the August 12, 199 Council meeting to order at 7:30 P.M. with the following members of Council present: Ed Merves, Jack Youmans, Anne Monaghan, Donald E. Anderson, Jr., Michael A. Hosti, and Mallory Pearce. City Attorney Edward Hughes and City Manager Bill Farmer were present also. The Reverend Lee Bennett gave the invocation, which was followed by the reciting of the Pledge of Allegiance. Mayor Parker asked anyone who wants to address Council to be brief as Council has a very long agenda tonight. Rachel Perkins presented Council with a petition signed by over 100 residents in favor of dancing on the beach and the noise level. Carl Looper said that he does water aerobics and supports the idea of a pool. Looper also said that the Georgia Senior Games are looking for a permanent place to hold their events. Sandra Luxemburg said that she posted a notice to Tybee Island property owners concerning flooding of their property due to the artificial filling of a neighboring property. The notice states that property owners can call Judy Brock, Environmental Specialist, with Ga. FloodPlain Management at 1- 404 - 656 -6382. A lady marine biologist would like Council to consider an aquarium for the pier on Tybee Island. Geisha stated that she lived on Tybee about 6 years ago before moving to California for the director's job she now holds and would like to move back to Tybee and run the aquarium. Geisha passed out pictures of her job site to Council. Tiffany Dennis, Director of the Tybee YMCA, presented Council with information on the skatepark that she is proposing in Memorial Park. Dennis also stated that the Tybee YMCA has 176 family memberships with 346 members participating in different activities. Merves asked if the figure of $30,000 in the handout was a misprint. Dennis answered yes. Monaghan stated that the City needs to consider the liability insurance and the supervision of the skatepark. Dennis replied that the park would be opened to the public and that there would be hours of operation. Farmer said that there is a letter from the insurance company that states that the premium will not be increased this year if we add the skatepark. Anneka Woodruff, Department of Community Affairs, said that she works with the Better Hometown Program and would like Tybee to maintain their involvement in the program. Woodruff stated that there are four principles that she would like Council to hear. 1. Organization — Coming together to decide what is important. 2. Promotion — How to accomplish this goal. 3. Economic re- structuring — What we can do with what we have. 4. Design — What has been built lately that you like? Woodruff said that Mayor Parker sits on her advisory board. Monaghan said that the city has funds allocated in this year's budget for Better Hometown, but we need to get people in the community to work on this program. Monaghan stated that the Chamber needs to be greatly involved. Merves asked what is the amount of the fee for this service. Mayor answered that it was a free service. Mr. Jeff Cramer and Mr. Steve Watson, Diversified Designs, presented Council with their proposal for the Gym/Pool Complex. Bottom line figure is $952,194. Mr. Darrel Wilkes and Mr. Scott Barnard, Georgia Atlantic Contractors, also presented Council with a proposal for the Gym/Pool Complex. Bottom line figure is $987,142. 1 1 1 Mr. Jimmy White, Triton Communication (American Towers) told Council that after working with Hughes, Farmer, and Hussey, Gay, Bell & DeYoung that everything was in order with the lease contract. White said that he has the first months rent with him tonight. Monaghan asked about the warranty to the tank. Hughes said that it is not in any of our lease agreements and he understands that the City has not accepted tank from Brown Steel as of this date. Communication on Wheels (COW) will be negotiated at a later date with White through Hughes. Kelly Williamson, Powertell, addressed Council stating that she has been in communication with Hughes concerning placing their antenna under the ball of the water storage tank on 2 11" Street and that everything is about in order. Williamson said that she needed the approval of Council before she proceeds any further with the studies that are required. Hughes said that Council could approve the site plan contingent upon other contract specifications being met. Mayor Parker announced that he had presented a Proclamation to the US Cutter Key Largo when they left this base. Parker said that a replacement will arrive in September. Mayor Parker opened, asked for comments, and closed the following Public Hearings according to law. Merves asked where the proposed noise ordinance is located in the packet. Hughes said that there is not one yet. Youmans said that he realizes that Hughes has been on vacation, but that he was supposed to meet with Paul Mazo to come up with a proposal. Hughes answered that he has met with Mazo, but a public hearing is necessary in order to get input from Council and the public. Hughes said that the present ordinance with the levels is the same as Savannah's. Hughes also stated that he does not have the expertise, and even if there are changes that police department does not have the equipment or the training. Youmans asked why don't we just go back to the time limits? Pearce asked the cost of the equipment. Farmer answered about $300.00, plus instruction manual and some training. Farmer said that the main issue is what Council wants the level and time to be in the ordinance. Monaghan asked how long before equipment would arrive once ordered? Farmer said that the piece of equipment can be purchased off the shelf. Rachel Perkins said that she is in favor of raising the sound level in order to have music on the beach. Mazo said that he sent a letter to Council and that he is not on anyone's payroll, just a citizen who has volunteered to work with the City Attorney in order to come up with an enforceable ordinance. Mazo said in his opinion that 65 is unrealistic and suggests that Council increase level to 78 in the commercial district. Mazo said that the equipment will be ordered through his company and should arrive in 5 to 7 days. Mazo also stated that he would come down and train the officers on the equipment. Pearce asked what the level is in the parking lot areas. Mazo said between 60 to 75. Monaghan thanked Mazo for the new mikes. Joyce Davis of 14th Street and Strand said that she has no problem with the music, but that she does have a problem with the boom boxes and the diesel trucks that sit in the parking lots. Alex Helms said that he moved to Izlar to be in the heart of the nightclub district Shirley Sessions said that she has to leave her home in order to hear the music. May Disher said that she is delighted that Spanky's has moved to the other end of the island, mostly because of the content or the language that came over the sound systems. Attorney Tom Mahoney, representing 1 1 Penn Myrick, said that pending litigation is before the judge and to please not make any changes that could influence the jurors or the judge. Mahoney said that this ordinance change took effect in 1998 and that no one in the business district came to make any objections to Council at that time. Mahoney asked Council to get information from experts in the field and also to look into the effect that loud music has on the ears before making any decisions. Jenny Orr, owner of Fannie's on the Beach, stated that the police department came every weekend after October of 98 and she requested Council to adopt an enforceable ordinance. Deborah McGee said that she moved next door to Fannie's and that she enjoys the music. McGee said that in order to get along you must be a good neighbor. Penn Myrick said that Council is hearing a cheerleaders meeting and that they should come and spend an evening with him and then make a decision. Myrick also stated that he is against raising the level and that Council needs to get an audiologist. Cindy Hoffman said that people do not expect quiet, and that she has no problem with Fannie's, but does have a problem with motorcycles and construction noise. Charlie Ray said that the ambient noise is not constant, Fannie's noise is constant and can be annoying to the people that are living there. Attorney Bobby Phillips said that Tybee has Home Rule and litigation should be of no concern. Phillips said that Orr was there way before Myrick built condos. Charlie Vandeburg said that as a designer and a builder that he would never have allowed holes in the walls. Harriet Simmons stated that she is in favor of music on the beach and that it is part of life on Tybee. Simmons said that the condos have arrived recently. Public Hearing opened at 8:29 and closed at 9:05. Tony Heidts' petition for a variance into the setback was postponed until a later date. Hughes said that it must be readvertised. Attorney Tom Mahoney presented Council with the petition from Mrs. Palmer of 1010 Lovell Avenue PIN 6 -14 -4 for site plan and variance for side yard stairs. Mahoney said that the deck on the back was constructed at the request of the owner in order to save some trees. Mahoney said that the neighbors to the north have no problems with the stairs. Mahoney stated that the A/C unit does not count as encroachment into setbacks. The Palmers had the final inspection on July 14, 1999 but can not move into the house because a C 0 cannot be issued. Mahoney said that the zoning ordinances have a section in order to be able to grant variances. Pearce said that the procedures need to be followed and that too many times lately Council is petitioned to grant a variance for construction already completed. Mahoney said that during construction that the property owners requested workers on the job site to place the stairs on the side. The workers did as requested in about four hours. Merves asked about the rear. Mahoney answered that a deck is attached to the rear. Merves asked where the steps on the side supposed to go. Alvin Davis, the builder, answered under the house. Merves said so the builder attached steps to the wrong place. Mahoney answered no, the crew did it. Shirley Sessions, member of the Planning Commission said that Planning Commission voted to deny the request. Sessions said that a temporary C 0 can be issued and that the builder can do alterations on the steps and that Mr. Davis should be aware of the setbacks. Hogan and Rusher petitioned Council for a minor subdivision with lot reduction on three Lots to 11,200 square feet on Bay Street PIN 4 -21 -16 -49;7. They showed a map of the surrounding areas and said that as you can see on the colored map that many variances have been granted in the past. Hogan said that this would not damage the neighborhood. Hogan said that each property would sell for $300,000 or 1 1 more. Hogan stated that fairness is the issue tonight and that Council should treat everyone equal. Pearce asked what kind of hardship stating that Planning Commission had turned down the petition. Hogan said that it is unfair in view because of all the other variances that have been granted. Zoning Administrator Byers said that she had spoken with Mr. Arnie Seyden right before the meeting began and he has no objection to the three lots, just the six that were proposed before this request. Planning Commission Member Shirley Sessions said that they voted to deny the request because it does not meet the definition for hardship. Planning Commission took into account the letters and the people present at the meeting. Hughes asked Byers what lot has two separate houses. Byers said that in 92 or 93 that a mother in law cottage was granted to Randy Warner and that the property has been sold. Julian Page said that it was 2 rental properties now and he is against granting the variance. Hogan said that Page has a 55 -foot lot that was granted a variance. Chris McCoy said that if granted it would change the neighborhood. A letter from the Smigel opposing the request was so noted. Mayor Parker announced that the petition from the DeSoto will be heard at a later date. Council agreed to delay LDC 3050 Obstruction of View at Street Intersection as the Planning Commission is working on it. A lengthy discussion was held on LDC 3 -090 Schedule of Development in the C -2 district. It was noted that the council packets contain several versions of a proposed change. Diane Killorin gave her opinions on the proposed ordinances. Hughes said that it is a mistake to include setbacks for non - allowed uses. Mayor Parker said that he would like Council to postpone any action on this issue. Tommy Solomon stated that he had purchased 4 commercial lots 20 years ago and has sweated in order to pay for them. What he purchased back then is not what he has now. Monaghan asked Sessions if Planning Commission would study this issue and come back to Council with a recommendation. Sessions agrees that planning Commission should be planning and that Planning Commission does want to be a part. Sessions said that she has Ms. Woodruff's card. Sessions also stated that there are so many people and so many changes going on at Tybee. Sessions said that we must take the Master Plan in to consideration. Merves said that when we had the land use committee that they were to focus on residential. Youmans asked how many times have we had the RDC come down. Byers said that they worked on the Master Plan and on the Zoning Ordinances. Byers said that we have never worked with MPC on zoning. Sessions asked if the City could find out how much MPC would charge. Mayor Parker opened the meeting for business legally presented to Council. Pearce moved to approve a budget amendment in the amount of $3,500. For Marine Science Center in order for them to purchase a new A/C unit. Merves seconded. Youmans asked what line item will this be expensed to. Merves moved to take from contingency. Monaghan seconded. Vote on the amendment was unanimous. Vote on the main motion was unanimous. Merves moved to approve the concept of the skatepark in Memorial Park and transfer $10,000 from contingency to a Skatepark fund so that an individual or a corporation could make a tax- exempt contribution. Pearce seconded. Monaghan said that she feels that we need to know what is to happen with the gym pool complex first. Vote by Council was 3 in favor (Merves, Monaghan, and Pearce); 3 opposed (Youmans, 1 1 Anderson, and Hosti). Mayor Parker broke the tie by voting in favor of the motion. Both Hosti and Anderson stated that they are all for the skatepark but against the $10,000. Hosti moved to accept the lease for antennas on the 2nd Street water storage tank with American Towers (Triton). Pearce seconded. Hughes said that the lease is the same as the prior ones the City has executed. Vote by Council was unanimous. Youmans stated that the proceeds go towards the gym fund. Youmans moved to approve conditionally the lease with Powertell for antennas under the ball of the 2nd Street water storage tank. Pearce seconded. Vote by Council was 5 in favor (Merves, Youmans, Anderson, Hosti, and Pearce); 1 opposed (Monaghan). Monaghan feels that the Council needs to study the gym/pool complex before making any decision. Monaghan asked if a workshop could be arranged. Merves asked if we need more specifics? Farmer said that he mailed out the specifics to 25 companies and only 4 responded. The two before you tonight are the lowest ones. Merves asked what the recommendation was from the committee. Farmer said that the committee selected Georgia Atlantic Construction. Farmer stated that the City of Tybee Island would be paying out of the general fund around $70,000 for the next few years, plus the estimated $100,000 the city receives from the antenna leases on the water tanks. Youmans said that if the antenna disappear then the City of Tybee Island would have to pay the $170,000 out of general fund expenses. Merves moved to accept the bid from Georgia Atlantic Construction Co. Motion died for lack of a second. Anderson moved to accept the bid from Diversity Design. Youmans seconded. Vote by Council was 2 in favor (Merves and Anderson); 3 opposed (Youmans, Monaghan, and Hosti). Pearce was absent from the room as his brother had submitted a bid on the complex last year. Pearce moved to adopt the Resolution on Rosewood as presented by the City Attorney. Hosti seconded. Vote by Council was unanimous. Pearce motioned to direct Hughes, with input from Paul Mazo, to put together a noise ordinance for C -1 District. Monaghan seconded. Vote by Council was 5 in favor (Merves, Youmans, Monaghan, Hosti, and Pearce); 1 opposed (Anderson). Youmans moved to eliminate the present ordinance and go back to the time limits until a new ordinance that is enforceable is presented and adopted. Died for lack of a second. Farmer questioned if Council wanted the present ordinance enforced after purchase and training with new equipment is complete. Parker said that it is on the books. Hughes said that if an ordinance is in the book, then it must be enforced by police officers. Merves moved to approve the variance for the front setback from Mr. Palmer. Youmans seconded. Vote by Council was 4 in favor (Merves, Youmans, Anderson, and Hosti); 2 opposed (Monaghan, Pearce). Hosti moved to approve the setback variance for the side yard. Both Youmans and Anderson seconded. Merves said that there is an alternative, put the steps back under the house the way it is shown on the plans, it only took workers 4 hours to put them up, give the Palmers' a temporary C 0. Byers said that a single - family dwelling is only required to have one egress or access. Council vote was three in favor (Youmans, Anderson, and Hosti); 3 opposed (Merves, Monaghan, and Pearce). Mayor Parker broke the tie by voting in favor of granting the variance. 1 1 Attorney Mahoney said that he would be happy to get in touch with BellSouth and find out when they plan to take the tower down located behind the fire station bays. Hughes asked Farmer if BellSouth is paying for both locations? Youmans moved to approve the minor subdivision with lot reductions of 11,200 square feet for Hogan/Rusher on Bay Street. Motion died for lack of a second. Pearce moved to accept the minutes of July 8th and July 22nd as presented. Merves seconded. Council vote was unanimous. Pearce moved to approved the bills for June 99. Monaghan seconded. Council vote was unanimous. Monaghan moved to approve the concept of dedicating the corner of Highway 80 and Butler to be Kuhlman Corner. Pearce seconded. Farmer said that he discourages this idea because pretty soon the city will look like a citywide cemetery. Vote by Council was unanimous. Hosti said that he would like to see Wilson Avenue added to the drainage priority list, also to place Daniel Turberville higher up on the list. Merves moved to adopt the priority list with the changes proposed by Hosti. Monaghan seconded. Vote by Council was unanimous. Youmans questioned if there was not a State law that says you can not build a hill on your property so that the runoff will go onto another property. Hughes answered yes; the remedy lies with the property owners. Hughes said that Ordinance 5 -4 -9 would put the problem on the City of Tybee Island. Pearce moved that Hughes draft an ordinance dealing with new construction or subdivision land disturbance. Monaghan seconded. Hughes stated that the City needs a standard to go by. Vote by Council was unanimous. Sandra Luxemburg told Council that 325 feet of her green space has been turned into a drainage ditch and that there are drainage pipes on her property. Byers said that DPW has done some work in that area. Luxemburg asked for a written reply to this issue. Youmans said that beach renourishment has made a lot of that happen. Pearce asked Farmer to make sure an investigation is undertaken. Youmans moved to take the increase for Waste Management out of the contingency fund and not pass on to the consumers. Anderson seconded. Vote by Council was 3 in favor (Youmans, Anderson, and Hosti); 3 opposed (Merves, Monaghan, and Pearce). Mayor broke the tie by voting against the motion. Pearce moved to pass of the 2.5% increase in the amount of $.31 per month per cart on to the consumers. Monaghan seconded. Vote by Council was 3 in favor (Merves, Monaghan, and Pearce); 3 opposed (Youmans, Anderson, and Hosti). Mayor broke the tie by voting in favor of the motion. Youmans moved to deny the request from Farmer for a budget adjustment in the amount of $16,000 for a department head to be hired in the Inspections Department. Hosti seconded. Farmer explained that this request comes from a letter he sent to Council, the Planning Commission and the 2 employees from the Inspections Department. Farmer said that changes, procedures and paper flow improvement is needed in that department and this is the best way for improvement. Merves said that by voting against the budget adjustment is not saying that he is satisfied with the way the work is being done. Parker asked if Diane Sikes is going back to the inspections department. Farmer answered yes. Byers said that she has not had Sikes for 3 weeks and once she is back then everything will be on an even keel. Byers said that she has given 1 1 permits and inspections to Sikes and that she knows the program. Byers said that some people have their own personal agenda and that maybe a social between Council, Planning Commission and staff members can be held. Byers stated that her department has a good working relationship with Chatham County Inspections Department. Byers also said that they are not being made aware of the problems and feel that they are targeted. Youmans asked Farmer if the complaints just came in or did he ask for them. Parker said that maybe the department needs another Indian and not a chief. Farmer said that this is about functions not personnel. Monaghan said that the City Manager has charge, and that Council should support him, and we should not be talking about personalities. Hosti said that it is the job of the City Manager to straighten out the department and if he can not then maybe he is not working out. Farmer stated that it is the flow of paperwork, interaction, and the problem will not be fixed without a budget adjustment. The office in question is two separate departments with only 3 people in it. Byers said that she thinks the problem is communications. Youmans stated that up until 4 years ago we had a councilmember over each department, now the City has one master, we can not afford 5 department heads in City Hall. Pearce said that Council hears about lack of enforcement of the laws at every meeting. Voting in favor of denial were Merves, Youmans, Anderson and Hosti. Opposing were Monaghan and Pearce. Monaghan moved to accept the 1999 cumulative budget adjustment presented by Farmer. Pearce seconded. Vote by Council was unanimous. Monaghan suggested that the agenda sequencing be altered in the future to have visitors at 9 P.M. or 10 P.M. and to have Council vote on each public hearing immediately after hearing. Monaghan said that the roof on the ceramic building is falling in. Youmans moved to put a new roof on Ceramics Building and take the funds for the expense out of contingency. Hosti seconded. Council vote was unanimous. Farmer said that a list of other repairs is needed. Merves moved that the City repair (in house or bids) the Community House roof. Hosti seconded. Vote by Council was unanimous. Council directed Farmer to get all possibilities. Youmans moved that Farmer is to take the lowest bid for the new roof at ceramics and get it done. Anderson seconded. Vote by Council was unanimous. Hughes advised Council that they have the authority to regulate where a tattoo and body piercing business can be located and also the hours of operation. Pearce moved that Hughes draft an ordinance for the C -1 district. Monaghan seconded. Vote by Council was unanimous. Mayor Parker announced the appointments to the Historic Preservation Board. Dottie Kluttz and Cullen Chambers will serve 3 years; John O'Neill and David Godwin will serve 2 years; and William Fricks is to serve a one -year term. Pearce moved to adopt the appointments from Mayor Parker. Monaghan seconded. Vote by Council was 4 in favor (Merves, Monaghan, Hosti, and Pearce); 2 opposed (Youmans and Anderson). Pearce moved to accept Section 2 -4 -13 (a) Leave polices (5) Donation of vacation time on its seconded reading. Hosti seconded. After a long discussion Council agreed to postpone any action. Pearce moved to adopt Zoning Map amendment for 9 Rosewood R -1 on its second reading. Hosti seconded. Vote by Council was unanimous. 1 1 1 Pearce moved to adopt Zoning Map amendment 10 Oceanview Court R -2 on its second reading. Hosti seconded. Vote by Council was unanimous. Pearce moved to adopt Zoning Text amendment Schedule of Development on its second reading stating that there is no change from the present ordinance in the codebook. Hosti seconded. Vote by Council was 4 in favor (Merves, Monaghan, Hosti, and Pearce); 2 opposed (Youmans and Anderson). Pearce moved to adopt the ordinance on Green Space on its second reading. Monaghan second. Vote by Council was 4 in favor (Merves, Monaghan, Hosti, and Pearce); 2 opposed (Youmans and Anderson). Pearce moved to adopt Section 8 -5 -040 ©(10) Variance on its second reading. Vote by Council was 4 in favor (Merves, Monaghan, Hosti, and Pearce); 2 opposed (Youmans and Anderson). Pearce moved to adopt Section 8 -5 -080 Site Plan Approval on its second reading. Monaghan seconded. Vote by Council was 5 in favor (Merves, Monaghan, Anderson, Hosti, and Pearce); 1 opposed (Youmans). Pearce moved to adopt Section 8 -5 -090 (E) Variance on its second reading. Monaghan seconded. Vote by Council was 4 in favor (Merves, Monaghan, Hosti, and Pearce); 2 opposed (Youmans and Anderson). Pearce moved to adopt Section 8 -5 -130 Major Subdivision Plat Procedures on its second reading. Monaghan seconded. Vote by Council was 5 in favor (Merves, Monaghan, Anderson, Hosti, and Pearce); 1 opposed (Youmans). Youmans moved to go into executive session to discuss litigation. Anderson seconded. Vote by Council was unanimous. Pearce moved to reconvene the regular meeting. Hosti seconded. Mayor Parker adjourned the meeting, as there was no further business to come before Council. Clerk of Council Mayor Walter W. Parker 1 1 P R O C L A M A T I O N 1 WHEREAS, The Coast Guard Cutter Key Largo, the 24th "Island Class" patrol boat, was commissioned on December 1, 1988, in Tybee Island, Georgia; and WHEREAS, The Key Largo has received numerous commendations and been involved in many major operations since its commissioning, including many successful search and rescue cases, saving numerous lives and millions of dollars in property; and WHEREAS, Key Largo played an integral role in the Coast Guard's efforts to stem the flow of illegal drugs and migrants into the United States; and WHEREAS, Key Largo crewmembers were active in the Tybee community, developing an award - winning community relations program, including a partnership in education with May Howard Elementary School and numerous other community service projects; NOW THEREFORE BE IT PROCLAIMED that, although the Key Largo is departing for a new homeport in Key West, Florida, the boat and its crew have made themselves a part of Tybee Island, and will always be remembered for their valuable participation in the life of this community. Attest 1(cc i.. This 27th day of July, 1999. / Mayor .-- ce L- 1 RESOLUTION WHEREAS the City of Tybee Island owns an unopened portion of Rosewood Avenue right of way east of VanHorn Street; and WHEREAS the City has received QuitClaim Deeds from abutting owners of certain portions of the unopened portion of Rosewood Avenue; and WHEREAS the City desires to designate the unopened portion of RoseWood Avenue as a permanent area of natural vegetation and nature preserve subject to a foot path for access in the preserved area as well as to the beach; and WHEREAS no construction or recreational activities other than walking, observing, and the like shall be permitted in the preserved natural area. WHEREAS the City has the authority under its charter to abandon, change or close roadways, to regulate right of way areas, to provide for recreational and other facilities, and to take other actions consistent with purpose hereof. NOW THEREFORE, BE IT RESOLVED by the Mayor and Council duly assembled in open meeting that the unopened portion of Rosewood Avenue, to wit: All that certain tract or parcel of land situate, lying and being in the State of Georgia, County of Chatham, in the City of Tybee Island, in Fort Screven Ward being a portion of Rosewood Avenue, said tract or parcel of land being more particularly described as follows: BEGINNING at a concrete monument at the intersection of northern boundary line of Lot 3, Ocean View Subdivision, said Ward, with the eastern boundary line of said lot and running thence along the northern boundary line of Lot 3, said subdivision and ward, S 890 33' 49" W a distance of 115.05 feet to a rebar; continuing thence along the northern boundary line of Lot 2, said subdivision, S 890 25' 51" W a distance of 109.96 feet to a rebar; continuing thence along the northern boundary line of Lots 1 -A and 1 -B, said subdivision S 890 24' 51" W a distance of 148.48 feet to a concrete monument; running thence N 550 46' 09" W a distance of 50.02 feet to a pk nail; running thence N 440 30' 55" 1 1 1 E a distance of 44.55 feet to a pk nail; running thence along the northern boundary line of Rosewood Avenue S 890 28' 40" E a distance of 379.15 feet to a concrete monument; and running thence along the eastern boundary line of Rosewood Avenue S 040 15' 43" E a distance of 60.04 feet to the point of beginning; all of which will appear on that certain map or plat prepared by J. Whitley Reynolds, Georgia Registered Surveyor #2249, dated 4, 1999 recorded in Plat Record Book /6 l° , Folio 6 6 of the Recor of the Office of the Clerk of the Superior Court of Chatham County, Georgia to which express reference is hereby made for a more particular description, shall be permanently closed and maintained in its natural vegetative state with the exception of the existing meandering foot path which shall remain available to the public for observing, walking and beach access and that no other uses shall be conducted nor permitted in the preserved area. The City of Tybee Island will be responsible for maintaining the foot path and for all decisions with respect to the property. The unopened portion of Rosewood Avenue is subject to an easement agreement with the owner of Lot 1A, and his successors in interest over the following described property, to -wit; All that certain tract or parcel of land situate, lying and being in the State of Georgia, County of Chatham, in the City of Tybee Island, in Fort Screven Ward being a portion of Rosewood Avenue, said tract or parcel of land being more particularly described as follows: Commencing at a concrete monument at the intersection of northern boundary line of Lot 3, Ocean View Subdivision, said Ward, with the eastern boundary line of said lot and running thence along the northern boundary line of Lot 3, said subdivision and ward, S 890 33' 49" W a distance of 115.05 feet to a rebar; continuing thence along the northern boundary line of Lot 2, said subdivision, S 890 25' 51" W a distance of 109.96 feet to a rebar; continuing thence along the northern boundary line of Lots 1 -A and 1 -B, said subdivision S 890 24' 51" W a distance of 106.82 feet to the Point of Beginning; running thence S 890 24' 51" W a distance of 27.54 feet to a point; running thence N 640 45' 17" W a distance of 46.22 feet to a point; running thence N 040 32' 04" W a distance of 5.29 feet to a point; running thence N 130 23' 41" E a distance of 7.57 feet to a point; and running thence S 64° 45' 17" E a distance of 75.19 feet to the Point of Beginning; all of which will appear on that certain map or plat prepared by J. Whitley Reynolds, Georgia Registered Surveyor #2249, dated August 2. 1999, 1999 recorded in Plat Record Book /6 r ., Folio 66 of the Records of the Office of the Clerk of the Superior Court of Chatham County, Georgia to which express reference is hereby made for a more particular description. 1 1 The City will consider donating the property, subject to the easement, to a Land Trust or subjecting the property to a conservation easement as appropriate in the future, however, the foot path shall remain for the public use but it may not be expanded in any way. This 1-1.— day of A wf tv_ -(' , 1999. Mayor Walter W. Parker C-1,0...et r oftounci1) Li 1 Bills for the Month of June 99 General Government Administration 54,656.44 Inspection 7,426.95 Special Appropriation 69,449.12 Police 81,838.53 Fire 3,433.93 Public Works 73,323.31 Sanitation 38,402.32 Recreation 2,299.45 Lifeguards 9,690.22 Parking 31,445.46 Total of General Fund Expenditures 371,965.73 Water Sewer 358,713.35 Fund Three 30 -0- 32 23,260.24 W/S Bond Fund Four -0- 1 1 Drainage Improvement Priority List Description 1. Bright Street 2. Van Horne, Jones to Miller area 3. 6th Avenue, Hiway 80 to Van Horne 4. Lovell, north of Hiway 80 5. 6th Street, Jones to Lovell 6. 7th Street, east of Butler 7. 8th Terrace, east of Butler 8. 8th Place, east of Butler 9. 8th Lane, east of Butler 10. 9th Street, east of Butler 11. 10th Street, east of Butler 12. 10th Terrace, east of Butler 13. 10th Place, east of Butler 14. 11th Street, east of Butler 15. 116 Terrace, east of Butler 16. 11th Place, east of Butler 17. 12 Street, east of Butler 18. 13th Street, east of Butler 19. T.S. Chu, east of Butler 20. 17th Place, east of Butler, near Strand 21. 14th St. Area incl. 6th, 5th, Miller, Jones, 2°d adjacents 22. Jones @ Seyden 23. Jones @ Turberville 24. Highway 80 west of George's Restaurant 25. Miller Avenue @ Hendrix 26. 18th Place @ Luxenburg 8 -6 -99 Priority 9 10 11 3 2 4 private private private 5 6 private private 7 private private 8 10 private private 1 private private private private private 1 1 WM July 26, 1999 Bill Farmer City Manager City of Tybee Island P 0 Box 128 Tybee Island, Ga. 31328 Dear Mr. Farmer, WASTE MANAGEMENT 1809 Hwy. 80 Garden City, GA 31408 (912) 965-0330 (912) 965-0331 Fax Please be advised that this letter serves as a formal petition for modification of rates per contract specifications. Rate adjustments are based on the consumer price index which stands at 1.9 %. The contract also provides for a rate adjustment for disposal cost increases which occurred May 1, 1999, at $2.00 per ton or a 0.6% increase. Those two factors combined equals a yearly adjustment of 2.5% effective July 1, 1999. Your adjusted rate will hold firm thru July 1, 2000. Should you have any questions or require any additional information, please do not hesitate to call me. Rick Traub District Manager Waste Management of Savannah 31 k a31.2,1 rt--lort0-\ 1 RESOLUTION AMENDING 1999 CITY BUDGET WHEREAS, City Council has approved expenditures for specified purposes which were not specifically included in the 1999 City Budget, and the need exists to formally amend the Adopted 1999 City Budget, NOW, THEREFORE, the City Council amends the 1999 City Budget as per the ATTACHMENT hereto. RESOLVED, this 12th day of August, 1999, by the City Council of Tybee Island. Jackie Brown, Clerk of Council Walter W. Parker, Mayor 1 1 TO: Mayor & Council, Bill, Tanya FROM: Ro RE: City Council Budget Amendments thru July 1999 DATE: August 4, 1999 According to the City Council Minutes, these budget adjustments were made by vote of City Council. 1/28 GMA Cola Study $470.00 2/11 Full -Time Cashier A5'7. 1QSi� roK $17,000. To 106060.6000 from Contingency 2/11 Senior Citizens 106064.6123 $250.00 for Golden Olympics 3 //) ? Cot ADJ. Fo,c RETIaENENT PMAu 4/8 YMCA Reimbursement for Annex $22,625. Rehab, from Recreation —1/3, School Rehab —1/3 and 1/3 from Contingencies. 4/22 From Approved CEP To Reserved Account for Quint Fire Engine $40,000. 4/22 Jet Vac total $166,759 to be paid - $32,500 by GMA Lease /24 months. Can W�' adjust from $62,500 in Line Item IN A 207029.9020. = 5/27 Roof, from Contingencies $7,480. o I' vi ° To 106060.9001 Div k�' c * . 7/8 From Contingency to Tybee $2,000. o �r r1 Historical Society for Survey V @ @ITEM Article 15 ZONING MAP @ @ITEM Section 15 -010 ZONING MAP AMENDMENTS 1 1 oio /49r 5 AN ORDINANCE OF TYBEE ISLAND, GEORGIA ZONING MAP IT IS HEREBY ORDAINED by the governing authority of the City of Tybee Island duly assembled, as follows: The Zoning Map of the City of Tybee Island is hereby amended so that the northernmost portion of subdivided No. 9 Rosewood Avenue, PIN 4- 3 -10 -2 is zoned R -1. The southernmost portion of subdivided No. 9 Rosewood Avenue, PIN 4- 3 -10 -2 is zoned R -2. No. 10 Oceanview Court PIN 4- 3 -10 -3 is zoned R -2. The Zoning Map is to be marked so as to reflect this change in due course. This 12 day of AUGUST, 1999. Mayor Pro Tem Clerk of Council 1 1 1 ORDINANCE NO. 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 8 Development Code, Article 3 General Provisions, Section 090 Schedule of Development Regulations, be amended to read as follows: @ @ITEM 3 -090 SCHEDULE OF DEVELOPMENT REGULATIONS A. Schedule of residential district dimensional requirements. Zoning District R -1 R -1 -B R -2 R -T B. Minimum Lot area (sq. ft.) Single Two Multi - Family Family 12,000 Not permitted 6,600 Not permitted 4,500 Not permitted 7,000 8,0008,000 Minimum yard Setback Maximum distance (ft.) Structure Height Front Rear Side Limits Family Not permitted Not permitted Not permitted 20 20 20 20 20 Buildable to 80% of the property Exclusive of the setbacks 20 10 10 10 10 10 10 Schedule of commercial district/dimensional requirements. Zone * ** Front Yard Rear Yard* C -1(A) 0 C -1(B) 8' C -1(C) 20' None required except 25 feet ** if bordering residential district. 6' 10' Side Yard 35' None required except 25 feet ** if bordering residential district. 5' 10' 35' 35' 35' Structure Heights 35' 35' 35' 1 1 1 3 -090 C -2 20' 20° 10' 35' TBR 20' 10' 10' 35' ( *) When abutting public streets, any principal building shall be located no nearer than five (5) feet to that lot line. ( * *) Where commercial establishment abuts residential zoning, a suitable screen will be required. See Section 3 -160. This screen shall be either natural (planting) or man-made and shall be required. This screen shall be either natural (planting) or man -made and shall be maintained in good order and approved by the Zoning Administrator. Minimum height is six (6) feet. ( * * *) C -1(A) RETAIL USES & FOOD /BEVERAGE SERVICES USES C -1(B) HOTEL & MOTEL USES WITH 80% MAXIMUM LOT COVERAGE C -1(C) RESIDENTIAL USES INCLUDING SINGLE FAMILY, TWO FAMILY, AND MULTI - FAMILY (TRIPLEXES, QUADRAPLEXES, TOWN -HOMES, APARTMENTS, TOURIST HOMES, CONDOMINIUMS, TIMESHARES, AND SIMILAR USES) BED & BREAKFAST USES & PUBLIC STRUCTURES C. Building above 35 feet. If a variance is granted by Mayor and Council for a building with a height in excess of thirty-five (35) feet, in no event shall a building permit be granted without the following restrictions: (1) Structures greater than thirty-five (35) feet in height shall be fully equipped with fire Safe - Guards consisting of Sprinkler Systems, Smoke Detectors and any other Fire Protection measures deemed necessary at the time by the Mayor and Council. (2) Before a permit can be granted on said request, an affidavit of the builder and owner must be executed agreeing to same to be completed within an agreed upon reasonable time. Any ordinances in conflict herewith are repealed to the extent of the conflict and this Ordinance shall have application to any violation of the Tybee Island Land Development Code of Ordinance of the City of Tybee Island, Georgia. Adopted this 12 day of August, 1999 Mayor Walter W. Parker Jacquelyn R. Brown, Clerk of Council Page 2 of 3 AUG 06 ' 99 (FRI) 10 2: KARSMAN, BROOKS 84 CALLAWAY, P. C. 912 238 2767 PAGE. 2/2 AN ORDINANCE Old' T �t')�I';I+t ISLAND, GE RGIA section , . ord. Gc9 - a4 11' IS HEREBY ORDAINED by the governing authority of the City of Tybee Island duly assembled, as follows: The code of ordinances for the City of Tybee Island is hereby amended so as to provide as follows: Findings and Purpose: The preservation of green space is important to the health and welfare of the City's citizens and aids in the reduction of drainage problems associated with development; and the preservation of green space and permeable surfaces will preserve aesthetic features of the landscape and provide for the free flow of air, light, etc. Therefore, in the interest of the public health, safety and welfare, the Mayor and Council find that the imposition of a permeable surface requirement into the setback spaces of lots is appropriate. In all zoning districts, sixty -five percent (65%) of the designated setback area of a lot shall consist of permanent permeable surface so as to permit the absorption of water and shall not be paved, built upon, or covered in such a way so as to interfere with the permeability of the surface. It is the intention of the governing body and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this Ordinance may be renumbered to accomplish such intention. Adopted this /ZrA day of eCT, 1999. Mayor Walter W. Parker Clerk of Council First Reading: Second Reading: g- / z -q 9 Adopted: 8_ /2 -99 1 1 AN ORDINANCE OP TYBEE ISLAND, GEORGIA Section 8-5-040(c)., ()re{ 1QQ3 - 5- . IT IS HEREBY ORDAINED by the governing authority of the City of Tybee Island duly assembled, as follows: Section 8 -5 -040 of the code of ordinances for the City of Tybee Island is hereby amended so as to include the following: (10) The extent and nature of any variances or zoning amendments necessary to the proposed project. It is the intention of the governing body and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this Ordinance may be renumbered to accomplish such intention. Adopted this Irk day of K;1,1U.sit First Reading: Second Reading: Adopted: 13 , 1999. Mayor Walter W. Parker Clerk of Council 1 AN ORDINANCE OF TYBEE ISLAND, GEORGIA, Section 8- 5-080, Site Plan Approval. Cr' d I.ci - c;‘, IT IS HEREBY ORDAINED by the governing authority of the City of Tybee Island duly assembled, as follows: The code of ordinances for the City of Tybee Island is hereby amended so as to repeal the first paragraph and Section (B) of the present section 8 -5 -080 and to substitute in their stead, the following: The site plan approval process is intended to provide the general. public, Planning Commission, and Mayor and Council with information pertinent to how a new development will affect the surrounding area and the City as a whole. 'sts as a tool for public information. Site plan approval docs not constitute • = • = . Where no variance is necessary for the intended project, or development, there is no evaluation process or set of regulations other than what is required to be shown in the site plan and listed upon the application. Where no variance is requested, site plan requirements are intended as a tool for public information. Where a variance and/or zoning action is requested in connection with a site plan, the standards applicable to the variance and/or zoning action applied for shall apply. (A) Process. Upon submittal of the site plan, the zoning administrator will review the site plan for noticeable discrepancies and determine if there is a need to apply for other zoning actions. The site plan is then forwarded to the Chatham County Engineer. Once the engineer has submitted comments to the zoning administrator, a public hearing shall be scheduled. The public hearing shall be held regardless of whether the site plan meets the requirements of this ordinance. Until the applicant addresses all of the engineer's comments and the site plan is satisfacotry, the Mayor and council will not approve the plan. However, once the first public hearing is held, site plan approval may commence at any scheduled meeting of the Mayor and Council. (B) Other Zoning Actions. Because &special Rrevies *variances and Mmap Aamendments require eked site plans, Sitc Plan Approval site plan review may be the first step in the permitting pros scs. Oncc a site plan has mct the application and process : -b .- . process, however, the site plan should identify any other zoning actions necessary in order for the intended development to be constructed so that a public hearing can be held on all such zoning actions simultaneously with the public hearing on the site plan. Site plan approval should encompass approval of all other zoning actions necessary to accomplish the development, however, if the intended development is to be altered from an approved site plan, additional public hearing and review is necessary if an additional special review, variance or map amendment is necessitated by the proposed alteration. 1 1 It is the intention of the governing body and it is hereby ordained that the provisions of cum Ordinance shall become and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this Ordinance may be renumbered to accomplish such intention. Adopted this I1 day of AuTsr , 1999. First Reading: Second Reading: S - l Adopted: € _ i `7� q9 Mayor Walter W. Parker Clerk of Council 2 1 1 AN ORDINANCE OF TYBEE ISLAND. GEORGIA, Section 8-5-090, variances. C) rd 1 q q4 a.7 IT IS HEREBY ORDAINED by the governing authority of the City of Tybee Island duly assembled, as follows: The code of ordinances for the City of Tybee Island is hereby amended so as to delete the entire Section (D), Criteria to Consider for Use Variances, of 8 -5-090 and to repeal Section (E) of the present Section 8 -5 -080 and to substitute in its stead, the following: (E) The staff, planning commission, and governing body, my shall consider ether the factors . _- -- _: ' stated herein in reviewing variance applications in taking action on a particular variance. In exercising the powers to grant variances, the mayor and council may attach any conditions to its approval which it finds necessary to accomplish the reasonable application of the requirements of these regulations. It is the intention of the governing body and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this Ordinance may be renumbered to accomplish such intention. Adopted this Ja' clay of First Reading: Second Reading: e.. la _cicl Adopted: g _99 , 1999. Mayor Walter W. Parker Clerk of Council Section 8 -5 -130, MAJOR SUBDIVISION PLAT PROCEDURE, Ord igg9 - as I have a number, of problems with the present section. (A) Action of Preliminary Plan. It states that "When the mayor and council `recommend disapproval' of a preliminary plan, it should give the developer the reasons for disapproval in writing." That should be changed so that it read that "Where the mayor and council disapprove of a preliminary plan, it shall give the developer the reasons for such disapproval." This section also has a problem with timing. It states that unless the applicant gives an extension of time for preliminary plan review, the Planning Commission has 30 days from the date of submission to act on such plan. If action is not taken within the 30 day period, a written recommendation of approval shall be issued by the Planning Commission on (the section says of) the demand of the applicant. The section continues to have the Mayor and Council notifying of a public hearing, which is somewhat different from the usual notification procedures and these need to be made consistent. Further, it states that upon receipt of a recommendation from the Planning Commission, the Mayor and Council shall hold a public hearing. That should be eliminated so that the Mayor and Council's public hearing shall be after review by the Planning Commission in case the Planning Commission does not submit any recommendation. The problem with the time frame is that the Council's meeting follows the Planning Commission meeting by a little over a week and I do not know how the 30 days would fit into an applicant who files just in time to have his hearing advertised before the Planning Commission meeting, which would be in excess of 15 days of the Mayor and Council meeting. In other words, someone could file their application and it could be advertised for a public hearing before the Mayor and Council. To make it consistent with the other public hearing requirements, I would suggest that this entire paragraph be revised so as to read as follows: (A) Action on Preliminary Plan. I the planning commission finds that the proposed design of the subdivision shown on the preliminary plan complies with the design - requirements of these regulations, it shall recommend approval of such preliminary plan to the mayor and council. If the planning commission finds that the proposed design of the subdivision shown on the preliminary plan does not comply with the design requirements of these regulations, then the planning commission shall either recommend disapproval of such plan or shall recommend approval of such plan on the condition that specified violations are corrected prior the submittal of the final plat. When the mayor and counsel reeefameild disappfeyel disapprove of a preliminary plan, it shall give the developer the reasons for such disapproval in writing. Except where an extension of time is authorized by the applicant, for preliminary plan review, the planning commission shall have up to thirty (30) days from the date of the submission of a preliminary A plan to act on such plan. Unless action-is-taken the planning commission makes a recommendation for approval or disapproval on an application for within the thirty -day period, it shall be deemed that a recommendation of approval shame has been issued by the planning commission. . The mayor and council, upon following review by the planning commission, shall hold a public hearing . -: ..- : :.. ... • - .. _ . :... _ : .. - hearing. in accordance with the procedures applicable thereto. Following the public hearing, Tthe mayor and council may either approve, disapprove or require modifications to be the subdivision plat. Adop-rEp `rh s t c4• a.�y c=) -c Usu.ST, 1%-cl 1 1 1 STATE OF GEORGIA COUNTY OF CHATHAM AFFIDAVIT PERSONALLY appeared before the undersigned attesting officer, duly authorized to administer oaths, 444yr . OA / %P,C t 74 :Pot-/ who after being duly sworn, deposes and on oath states the following: (1) I was the presiding officer of a meeting of the Tybee Island City Council held on the `�-- day of 6.1 , 1999. (2) That it is my understanding that O.C.G.A. § 50- 14 -4(b) provides as follows: When any meeting of an agency is closed to the public pursuant to subsection (a) of this Code section, the chairperson or other person presiding over such meeting shall execute and file with the official minutes of the meeting a notarized affidavit stating under oath that the subject matter of the meeting or the closed portion thereof was devoted to matters within the exceptions provided by law and identifying the specific relevant exception. The subject matter of the closed meeting or closed portion of the meeting held on the t2.-/2" of A t f PL S'D, 1999, which was (3) closed for the purpose(s) of Pr "S c cirsi ^- Eztp •vc�'� ^� /I ff4- r Q,? as allowed by O.C.G.A., Title 50, Chapter 14, was devoted to matters within those exceptions and as provided by law. 1 1 1 (4) This affidavit is being executed for the purpose of complying with the mandate of O.C.G.A. § 50- 14 -4(b) that such an affidavit be executed. This f 'i— day of Aw( po.er, 1999. Sworn to and subscribed bef a me this [gill— day of, ,r, 1999. Nota(ry Public *toy Aft, Chasm Oar* eA Osalutision &pins *own 4. NW ayor /Presiding Officer