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@ITEM 2000 -05 -18 City Council Minutes
Mayor Walter Parker called the May 18, 2000 special called City Council meeting
to order at 7 P.M. with the following Councilmembers in attendance: James G. Burke, Jr.,
Jack Youmans, Shirley Sessions, Pamela O'Brien, and Mallory Pearce. City Attorney
Bubba Hughes and Acting City Manager Rowena Fripp were also present.
Councilmember Anne Monaghan was out of town due to the illness of an old friend.
Parker explained the purpose of this special called meeting was to discuss only
two items, an application for an alcohol beverage business license for Huk -a -poo's and
the Sandpiper Condominiums.
Parker read a letter from Chief Price stating the issues Chief Price previously had
concerns about had been answered to his satisfaction and he recommended licensing of
Huk -a -poo's on 1213 Highway 80. Youmans moved to approve the alcohol business
license for Huk-a-poo's, O'Brien seconded for the purpose of discussion. Burke
disclosed the neighbors in the area did not approve of having a business so close to their
homes selling liquor and playing music; he also pointed out the exit from the parking lot
is not to an open street. Attorney Hughes said the license could be issued with some
stipulations such as hours and/or type of beverages, but Council had no right to deny the
license based on the city's ordinances. He reminded Council North Beach Grill started
with beer and wine only and the time of service was limited. Sessions questioned the
availability of parking because the original request was for a deli with limited parking
needs; an expansion to a restaurant would require parking based on the number of seats
as stated in the ordinance. Hughes said the site plan was approved, and the parking
would have been part of the site plan. Pearce asked if the applicants were in attendance
and wondered if the license could be restricted to beer and wine. Hughes answered if the
applicants agreed to it. The applicants were not present. Diana Kilorin informed Council
the site is 10 feet from a trailer; she expressed concern that it may become a bar in a few
years. O'Brien requested a legal opinion. Hughes reiterated our ordinances do not allow
Council to deny the application unless the applicant has a record or there are some
unusual extenuating circumstances. Sessions asked if Hughes meant that parking
requirements do not have to be met. O'Brien summarized there are no legal reasons to
deny the alcohol license or the music, and the parking was addressed in the site plan.
O'Brien amended the motion to approve the business license for beer and wine only.
Peace seconded. The amendment was rejected; 2 in favor (O'Brien and Pearce); 3
opposed (Burke, Sessions, and Youmans). The motion to approve Huk-a-poo's alcohol
business license at 1213 Highway 80 passed; 3 in favor (Pearce, O'Brien, and
Youmans), 2 opposed (Burke and Sessions).
A discussion on the Sandpiper Condominiums began; Burke asked if we could get
the contractors to clear the street of the detour and dumpsters. Parker advised that could
be discussed later. Hughes announced the meeting was called because some
Councilmembers wanted to review the progress of the Sandpiper Condominium Project.
Hughes reported the building plans for the project were circulated through the ordinary
process when the issue of height of the building came up and it was noted to be in excess
of 35 feet. Hughes stated that according to the Southern Building Code it is left up to the
discretion of the local building official what is included in the scope of foundation and
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footings permit. In view of the fact that the roof was about to be put up, it seemed
obvious the foundation/footing permit had been exceeded. Since Tybee's ordinances
require that the initial grade of the lot is determined pre - construction and the grade
elevation from the site plan is pre - demolition; we now have to work backwards.
Although an engineer will need to officially determine the pre - existing grade, Hughes
believed it is most likely between 11.9 feet and 12.5 feet. Pearce explained the variance
previously received for this project was for a set back only, not for height, and he
suggested the plans should be resubmitted to comply with standards.
Sessions cited the stop work order letter requesting the builders resubmit plans
which are not at odds with our ordinances; she then inquired how the pre - construction
grade can be officially determined since so many numbers were being tossed around.
Hughes responded that without knowing the elevation before construction it is difficult to
determine, but at the very least the architect for the project needed to revise and sign off
on the plans certifying the grade elevation. The plans can be adjusted to move the
mechanical systems to the roof and the parapet will have to go. Sessions asked how
would we know the new plans are accurate and certified.
Attorney Thomas Mahoney speaking on behalf of the Sandpiper project revealed
he would take pleasure in clearing this issue up. He indicated the elevation used to draw
the plans was 13.22 feet, which was the elevation of the slab of the Sundowner. Since
then, professional engineers shot elevations from different places on the property and
decided the average elevation was 12.6 feet. Mahoney continued as far as the building
going beyond the foundation/footing permit they felt justified because the contractor was
told to get off the Strand by the end of May. Until a few days ago, he added, there was
never a question that the scope of the foundation/footing permit had been exceeded even
though 50 inspections had been done to date. Furthermore, this is an unusual structure
and each floor is considered foundation; the pillars and floors are needed to hold the
building together.
Mark Gompelf speaking on behalf of the builders explained an aggressive
schedule was used to complete the skeletal part of the structure before the end of May. In
response to O'Brien's question, Gompelf replied it would take roughly 2 more weeks of
construction to give the street back to the city. Sessions implied the foundation/footing
permit had been violated since the value of construction to date far exceeded the estimate
of $72,000. Gompelf disagreed, he alleged the builders were trying to accommodate the
city by fast tracking the project, although he did concur the cost on the permit had been
exceeded. Sessions took exception to his comments and declared the city had
accommodated the builders. Burke interjected the question as to when the dumpster and
toolboxes would be out of the street. Gompelf replied after the forms were removed.
Pearce specified the city needed its own engineers to evaluate the situation. Mahoney
asserted the owners came to the city with money in pocket to procure the building permit
and they were turned away. Mahoney communicated Chuck Bargeron's office gave
Architect Michael Bailey the 13.22 feet figure as a base elevation when he originally
approached the city. Bailey stated the total building height is 38.1 feet, and that could be
reduced to 37.5 feet if they removed the parapet from the plans. Parker asked Bailey if
he could certify the building would comply with code and come in less than 35 feet to
which Bailey replied yes. Bailey said they sought the elevation level from the zoning
department in an effort to do the right thing. Sessions asked if the city typically gave out
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the base elevation level; isn't it up to the professional to determine this. Bailey stated
13.2 feet was his opinion, he added there is a lot of gray area here.
Mahoney recounted that in his opinion there has not been any violation of code at
this time. If the architect wrote, "can't build" and drew a line through the parapets they
could proceed and the building would meet code. They have had in their possession
since May 7th the grade elevation. If professional engineers say the average initial
elevation is 12.6 feet then that is the starting point or the base elevation. O'Brien asked
Mr. Mahoney if he was suggesting Council approve a plan they don't have. The
condensing units are already on the roof. Jeannie Hutton read the foundation/footings
permit and remarked the $72,000 has been exceeded. The building plans show a building
of 36 feet. She admonished Mayor and Council saying they have done a great disservice
to the citizens, Mr. Patel, and the City of Tybee Island by pitting neighbor against
neighbor; adding "When is it going to end ?" Rachel Perkins defined adjacent grade in
our land development code as the average natural elevation of the ground surface, prior to
construction, next to the proposed walls of the structure; she reminded Council and the
builders that it was not the grade of the building.
Youmans moved to go into executive session to discuss possible litigation.
O'Brien Seconded. The motion was unanimously approved. Council went into
executive session. Pearce moved to go back into regular session. Youmans seconded.
The motion was unanimously approved.
O'Brien moved the Sandpiper owners need to submit a new set of plans that
will comply with all Tybee's ordinances, Land Development codes, and to be
reviewed by Hussey, Gay, Bell & DeYoung to verify average adjacent grade. Pearce
seconded the motion. The motion passed 3 in favor (O'Brien, Pearce, and Sessions) and
2 opposed (Burke and Youmans).
Parker adjourned the meeting since the purpose of the special called meeting had
been met.
Clerk of Council
Mayor Walter W. Parker
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STATE OF GEORGIA
COUNTY OF CHATHAM
AFFIDAVIT
PERSONALLY appeared before the undersigned attesting officer,
duly authorized to administer oaths,
after being duly sworn, deposes and
La9Lfe -s-- POI f` iP -- , who
on oath states the following:
(1) I was the presiding officer of a meeting of the Tybee Island
City Council held on the / s day of q5 , 2000.
(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.
(3) The subject matter of the closed meeting or
the meeting held on the it of t41 i$ y
closed for the purpose (s) of fOrP.Jri g"
O.C.G.A., Title 50, Chapter 14, was devoted
those exceptions and as provided by law.
closed portion of
, 2000, which was
ri fro-✓
as allowed by
to matters within
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(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 / day of ,i 07
Sworn to and subscribed
before me this ( t day
of � , 2000.
lic
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, 2000.
Mayor /Presiding Officer
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Motion to Enter into a Closed Meeting of the Tybee Island City Council
Councilmember
makes the following motion:
(1) That the Mayor and Council now enter into closed session allowed by O.C.G.A.
50 -14-4 and pursuant to advice by the city Attorney, for the purpose of discussing
the following: i eln
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'I ) DJ. CC nC) LLQ
(2) That this body, in open session, adopt a resolution authorizing and directing the
mayor or presiding officer to execute an affidavit in compliance with O.C.G.A.
50 -14-4, and that this body ratify the actions of the Council taken in closed
session and confirm that the subject matters of the closed session were within
exceptions permitted by the open meetings law, said resolution to be in the form
as attached hereto.
Motion approved
Those voting in favor of the motion for closure: Councilmembers eLtAi
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Those voting against the motion for closure: Councilmembers