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@ @ITEM 1999 -10-14 City Council Minutes
Mayor Walter W. Parker called the October 14, 1999 Tybee Island 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. Mayor Parker asked all the candidates for the November 2nd election to stand up
and introduce themselves to the citizens.
The Pledge of Allegiance followed the invocation given by Henry Levy.
Ms. Linda Burke thanked Council for getting permission from Chatham County
for the Arts Association to hold their festival on the Pavilion free of charge.
Former Mayor Pat Locklear addressed council on four separate issues. Locklear
said that there was an old map with a 75 date dealing with a gym for Tybee, also a 94
gym design that Phil O'Dell had done and that it can not be found in City Hall. Locklear
stated that he served on a committee in 86/87 with Jim and Bess Pond and others citizens
about allowing dogs on the beach. At the time we only had a three -month season and
now we have a 9 -month season according to the Chamber figures. Locklear said that
there are dogs on the beach without leashes and that maybe Council could set a fee or a
license to allowing dogs on the beach at certain hours. Locklear then addressed the C -2
setback issue stating that a change would benefit his property. He then stated that maybe
the City could just do away with C -2 district. Locklear said that he is sure that the City
credit cards are on the up and square.
John Jarvis said that he was on the committee with Locklear and that the City shot
down their recommendation for allowing dogs on the beach.
Mayor Parker opened, asked for comments and closed the following seven Public
Hearing according to law.
Robin Laverty presented Council with his petition for a non - conforming use of
land and a five foot variance in order to build a porch onto his home located at 15 North
Campbell, PIN # 4- 2- 14- 1.Pearce asked for Laverty to explain the hardship. Laverty said
that the house is on the corner of Bright and Campbell with a 16 -foot frontage on one
side and a 60 -foot frontage on Campbell and that the addition will only impact the City
and no other neighbors. Youmans stated that this piece of property is a pie shaped lot.
Henry Levy, Chair of the Planning Commission, said that because of the odd shape of the
property that they considered his a real hardship and voted unanimously to approve this
request.
City Attorney Hughes explained the extension for the variance setbacks at #10
Oceanview Court for the property owned by Hogan and Rusher stating that the longer
they put off building the better it is for the city. Levy said that the vote by Planning
Commission was 5 in favor and 1 opposed. Mel Gordon asked what was the reason for
the 1 opposing vote. Hughes answered that he did not know.
Adam Wilson presented his petition for a 9 unit condo on Lot 5 Oceanview
Subdivision stating the property is zoned RT and that the square footage is in compliance,
they meet the greenspace ordinance and the setbacks, all parking is according to the
ordinance and that there is an approved drainage plan with the Director of Public Works,
Billy Pye. Pearce questioned the statement that there are no significant trees on the
property stating that there is a large black willow tree in the middle of the lot but that it
could be mitigated with the City for removal. Pearce told Wilson that he should have his
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own drainage plan done by an engineer. Downer Davis, the engineer for Wilson, said that
there were no drainage plans on the previous developments in that area. Davis told
Council that they were working with Pye and will connect to the City drainage pipe.
Pearce asked if they would be willing to contribute towards the drainage. Davis
answered that they would contribute as much as all the other owners, which has been
nothing. Pearce said that the black willow is a split trunk with a diameter of 10 inches.
Davis said that with a double or triple truck tree that you go with the largest stem.
Monaghan asked with 3 units on one side and 4 units on the other side why did you jump
to nine units? Wilson answered that the unit developments vary in that area, Sea Villa
has 10 units, Fleetwood Court has 7 units, plus the nursing home is also in the area.
Davis said that parking will be under the units whereas there is outside parking at all the
other units. Merves asked what percentage of the lot will be covered? Wilson answered
about 37 %. Levy said that the Planning Commission voted on the site plan only with the
understanding that special review would be held at a future date, but had they known of
the tree that the vote would not have been 4 in favor 3 opposed. Levy said that the
property is a sinkhole and that every thing drains onto it but the Zoning Administrator
had assured them that the drainage was a done deal. Youmans said that drainage has
always been a problem in that area and that this request was made before the city decided
to do any drainage work in that area. Tony Scarwid spoke against the site plan asking
about the buffers because it looks like all the trees will be removed. Scarwid said that this
area was R -1 for years but that Council has granted zoning changes throughout the years.
Scarwid said that the 9 units will be unbalanced in the neighborhood. Scarwid stated that
people will soon buy the property and then tear it down in order to build condos and
make lots of money. Paul Bradley of 9B Oceanview Court said that it was nice and quiet
at this end of the island and that is the reason he purchased his home. Bradley said that
this is a huge change and he is worried about the parking. Dottie Kluttz also begged
Council to deny the request as the 9 units is not in keeping with the neighborhood. Kluttz
stated that 3 or 4 large units could make more profit that the 9 units. Kluttz questioned
the fire truck and garbage truck being able to get into the area. Kluttz said that the
proposed 9 unit development will unbalance the area. Youmans said that there is only 1
single- family residence in the subdivision. Kluttz answered that is because Council has
spot zoned throughout the years. Carl Looper said that he does not support 9 unit
development but will support 3 or 4 units. Jim McCusker it galls him that Tybee has spot
zoned in that area. McCusker said that his children asked him to come and speak against
the condos. McCusker said that Fort Screven has principally been R -1 and that we
should keep it that way, we don't want Tybee to be like Hilton Head. McCusker said that
the Master Plan should control development. Parker asked the City Attorney to explain
the ordinance changes. Hughes said that in June of this year the Council adopted an
ordinance for special review that has six criteria that must be followed. Hughes stated
that the site plan review and the special review can be done at separates times but in his
opinion it should be done at the same time. Hughes said that if you approve or
disapprove the site plan you deny or accept the footprint of the structure. Levy asked that
the entire petition be sent back to the Planning Commission.
Mr. Frank Koncul presented his petition for site plan review for construction of 3
townhouses at 102 Butler Avenue PIN 4- 4 -3 -1. Koncul said that he meets all ordinance
requirements. Koncul stated that DNR came down and is in favor of the project. Koncul
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said that this will improve the drainage as the entire lot is paved now and he plans to
remove the concrete. The length of the structure will be no different than it is now.
Koncul said that he could have placed 4 townhouses on the property but cut it back to 3.
Pearce asked what the area was zoned. Byers answered C -2. Levy asked if this was
subject to special review? Parker stated that the application should state what the area is
zoned. Hughes answered that it does not show. Pearce asked if this project meets all
drainage requirements according to ordinance. Farmer said that he has not seen a
drainage plan. Byers told Council that they have the drainage plan in their packets and
that DOT has no problem with the drainage runoff. Parker asked Koncul how he
determined the zoning. Koncul answered that he thought it was R -T but that he will take
either R -T or C -2. After looking at the zoning map Hughes determined that the property
was R -T. Levy said that Koncul is planning to take up the paving and landscape the area.
Levy stated that the Planning Commission was not told it was subject to special review.
Ms. Neville, adjacent property owner, said that she is not pleased, plus it is not known
what view will be blocked.
Henry Levy, Chair of the Planning Commission, presented the Zoning Text
amendment to Section 3 -050 Obstruction of Vision at Street Intersection. Levy said that
the word "walls" and the phrase "standard for vision" are the only amendments to the
ordinance. Levy said this is the best of both worlds.
Zoning Administrator Byers presented the zoning text amendment on Section 3-
090 Schedule of Development on the C -2 districts. Byers explained that there are 4
separate versions for Council consideration. Hosti asked if there were A, B. and C. in the
current version? Byers answered no. Hosti said then the City would have to create the
different C -2 zoning districts. A long discussion was held on the allowed uses in the
current and the proposed ordinances. Merves stated that this was not studied like the C -1
zoning district. Merves said that Council had agreed to send this to the Planning
Commission for study and that we also need input from the property owners in the C -2
area. Byers said that she requested that the Planning Commission set a committee to
study the entire C -2 district but that they are only looking into the Center Street area at
this time. Merves said that nobody wants Highway 80 to look like Abercom Street.
Merves said that the C -2 setbacks are minimizing the commercial lots to be too small of
area to build. Youmans stated that there is only a small area in C -2 that does not have a
structure on it already. Monaghan said that it is not just the setbacks that is an issue but
how the C -2 area will look in the future. Levy said that the Planning Commission has
given their recommendation in the past but he feels that this issue needs an expert to
study the area and then to have Planning Commission and Council act on their
recommendations. Hosti said that the City can not just go in and down zone someone's
property as some people might not want it zoned that way. Hughes said that when you
impact property and if it is consistent with the Master Plan than it would probably be
supported but that Hosti is correct in the down grading issue. Locklear said that the City
is the policy maker not the judge. Farmer mentioned DCA Better Home Town Program
could develop a plan. Farmer said that we could have a Downtown Development
Authority that could study and recommend changes. Shirley Sessions said that Annka
Woodruff was asked if she was willing to come speak to the Planning Commission.
Louise Sasser said that when C -2 was passed that the area zoned as C -2 was 200 feet
back from the property line if you faced Butler or Highway 80, not meant for developers
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to buy, tear down the structure, and then rebuild. Pam O'Brien stated that she was
against all of the proposals. Chris Solomon said that this is the first time in his life that he
received a notice from the City concerning the C -2 zoning. Solomon said that the C -2
zoning district was passed so those property owners could not use their land to the full
potential, also when it was rezoned it did not meet the Georgia Zoning criteria. Solomon
said that this issue needs to be dealt with fairly.
City Manager Farmer gave a presentation on the 2000 budget for the Public
Hearing. Copies of slides are attached and become part of these minutes. Youmans
mentioned that the 1St $600,000 coming from SPLOST was to be used to repay GEFA for
the water storage tank. Hosti said that Youmans is correct on that vote by Council.
Merves mentioned the administrative salary line item going up so much in 4 years. Hosti
questioned the computer expenses. Hosti, Youmans and Merves agreed that the City
Manager should look into the police salaries. Council took a 10- minute recess.
Mayor Parker opened the meeting for business legally presented. Farmer gave a
summary of the warranty on the new water storage tank. Bill Lovett of Hussey, Gay,
Bell and DeYoung gave a more detailed update on the warranty. Lovett said that there is
a one year warranty with Brown Steel that has not started yet as the City has not accepted
the tank. Lovett said that Brown Steel will not be responsible for any damage due from
the cellular tower antennas being placed on the tank. Lovett stated that any damages
should be included in the contracts with the cellular companies through the lease. Farmer
asked who will the City look to if a high wind comes and the tank falls over. Lovett
answered that the tank is designed to withstand 150 MPH winds and if it does fall that the
HGB &DeY will look to Brown Steel and the City will look to the insurance companies.
Hughes said that the City would report the incident to their insurance company and then
they would contact Brown Steel. Hosti asked who is going to inspect the antennas once
they are on the tank. Lovett said that the City does need documentation of the
inspections.
Anderson moved to approve the variance for non- conforming use and the 5
foot variance for Laverty and Arnsdorff at 15 North Campbell. Hosti seconded.
Vote by Council was unanimous.
Youmans moved to approve the extension of variance setbacks for
Hogan/Rusher at 10 Oceanview Court. Anderson seconded. Vote by Council was
unanimous.
Pearce moved to send Oceanview Court Investment, Adam Wilson's petition
for site plan approval, back to the Planning Commission for special review and at
reducing the number of units, the drainage plan, and a tree survey. Monaghan seconded.
Youmans asked if the special review did not cover these things. Merves asked if this
petition is approved it still has to go back to Planning Commission for special review.
Hosti said that the trees can be mitigated. Voting in favor of the motion were
Monaghan, Hosti and Pearce. Opposed were Youmans and Anderson. Merves
abstained from voting.
Youmans moved to approve the site plan for Koncul at 102 Butler for
construction of 3 townhouses. Anderson seconded. Hughes said that the 200 feet C -2
does not apply. Monaghan asked if it goes to Planning Commission for special review.
Hughes answered yes and that Council can approve site plan contingent upon approval of
the special review. Pearce asked that Hughes advise Council. Hughes said that the only
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difference between Wilson's site plan and Koncul's site plan is the number of units. Vote
by Council was 4 in favor (Youmans, Anderson, Hosti and Pearce); opposed
(Monaghan); abstained (Merves).
Pearce moved to approve LDC Section 3 -050 Obstruction of View at Street
Intersection on its first reading. Monaghan seconded. Vote by Council was 4 in favor
(Merves, Monaghan, Anderson and Pearce); 2 opposed (Youmans and Hosti).
Pearce moved to leave the C -2 ordinance as it is for now and proceed with a
study. Monaghan seconded. Hosti said that he wants to see the study happen. Anderson
stated that 3 months ago it was mentioned that the RDC would help the City with the
study. Farmer said that Council wants a study on the C -2 district only, with input from
the property owners in that district? Youmans said that he wants every C -2 property
owner notified. Farmer said that you can involve the public in many ways. Anderson
said to send a letter to every C -2 property owner. Hosti said that the City needs to know
what they want. Byers said that we need to identify the properties, conduct a Public
Forum, and then draft an ordinance for Council consideration. Hosti stated that 80% of
the people don't know what zoning district they are in. Farmer said that he and Byers
will get together and organize the study. Hosti said that a draft letter to the property
owners should come to Council for review before it is mailed. Merves said to put the
draft letter in each Councilmember's box. Council vote was 4 in favor (Merves,
Monaghan, Hosti and Pearce); 2 opposed (Youmans and Anderson).
Hosti moved to approve the bills for August. Monaghan seconded. Vote by
Council was unanimous. Hosti moved to approve the September 23rd minutes as
presented. Monaghan seconded with one correction on page -5 to correct the date of
October 8th to October 14th. Vote by Council was unani nous.
It was agreed that the City Attorney will review and write a Resolution for the
City of Tybee Island from the information sent by GMA on the Code of Ethics. An
ordinance will be considered at a future date.
Pearce moved to approve the alcohol beverage transfer license for Smitty's
Place located at 1513 Butler Avenue in the name of Mary Lee Criner. Monaghan
seconded. Vote by Council was unanimous.
Mayor Parker said that he has received many phone calls this past two weeks,
plus he read some letters from citizens that do not want dogs on the beach. Parker said
that the City will be asking for trouble if we pass an ordinance that allows dogs on the
beach because people do not clean up after their dogs. Parker said that the enforcement
of the ordinance would be a nightmare. Youmans moved to approve Section 4 -4
allowing dogs on the beach from 7 to 9 morning and night during the months of
October through February. Anderson seconded. Merves mentioned that 7PM. To
9PM is after dark and maybe Council should consider 5 to 7 instead. Vote by Council
was 3 in favor (Youmans, Anderson, and Hosti); 3 opposed (Merves, Monaghan, and
Pearce). Mayor Parker broke the tie by casting his vote in opposition.
Pearce moved to adopt Section 10 -1 -5 Through Streets Jones Avenue on its
first reading. Monaghan seconded. Youmans stated that the most hazardous accidents
happen at 4 Way Stop intersections. Hughes said that this ordinance just removes Jones
Avenue as a through street and has nothing to do with stop signs. Merves said that this
will get the speeders and the big trucks off of Jones. Vote by Council was 4 in favor
(Merves, Monaghan, Hosti and Pearce); 2 opposed (Yo'imans and Anderson).
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Youmans moved to adopt Section 3 -1 -7 Credit Card Usage on its first reading
by deleting the paragraph on "no meals in Chatham County can be charged ". A
discussion was held on entertaining dignitaries and Hughes was advised by Council to
rewrite the ordinance to state that the purchase of alcohol is permissible when otherwise
authorized. Pearce seconded. Vote by Council was 4 in favor (Merves, Youmans,
Monaghan and Pearce); 2 opposed (Anderson and Hosti).
Farmer presented a request from 2 motel owners asking for exemption from the
penalty on the Hotel Motel tax because of Hurricane Floyd. Approval was granted by
Council.
Farmer said that he did not have the Gym Complex contract but that Council
could defer or give him authorization to sign. Merves rr_oved to defer in order for
Council to review the contract. Monaghan seconded. Vote by Council was unanimous.
Youmans moved to not allow anything to be placed on the diameter of the
water storage tank as it could cause rusting because of welding any attachments.
Anderson seconded. Airgate Wireless made this request. Voting in favor of the motion
was Youmans and Anderson, against Merves, Monaghan, Hosti and Pearce.
Farmer said that the information on the 5 -year CIP is for Council to study and
review. Anderson questioned the $60,000 for relocation of the lifeguards. Hughes said
that the City can not move the lifeguards out of the building.
Youmans moved to go into closed session in order to discuss litigation. Pearce
seconded. Vote by Council was unanimous.
Mayor Parker reconvened the regular meeting. Pearce moved to authorize
Mayor Parker to sign the agreement with Hogan/Rusher. Youmans seconded. Vote
by Council was unanimous.
As there was no further business to come before Council the Mayor adjourned the
meeting.
Mayor Walter W. Parker
Clerk of Council
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STATE OF GEORGIA
COUNTY OF CHATHAM
AFFIDAVIT
PERSONALLY appeared before the undersigned attesting officer,
duly authorized to administer oaths, who
ca f��� �� kry
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 / y day of 0, -fo ,4r,.. 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
(3) The
the meeting held on the /`/ of Oc -roh°R
closed for the purpose (s) of /i f�y� -7ia
thereof was
provided by
exception.
subject matter of the
devoted to matters within the exceptions
law and identifying the specific relevant
closed meeting or closed portion of
, 1999, which was
s ".9.,?
as allowed by
O.C.G.A., Title 50, Chapter 14, was devoted
those exceptions and as provided by law.
to matters within
(4) Any unrelated matters which were mentioned or attempted to be
offered for discussion during the closed portion of the
meeting were ruled out of order and not discussed.
(5) 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 /Y day of 0 1999.
Sworn to and subscribed
before me this day
of , 1999.
Notary Public
Mayor /Presiding Officer
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