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HomeMy Public PortalAbout20001109CCMeeting1 1 @ @ITEM 2000 -11 -09 City Council Minutes Mayor Walter Parker called the regular November 9, 2000 Council Meeting to order at 7 PM. With the following members of Council present: James G. Burke, Jack Youmans, Shirley Sessions, Anne Monaghan, Pamela O'Brien and Mallory Pearce. City Attorney Edward Hughes and City Manager Tom Cannon were present. The Pledge of Allegiance was recited after the invocation given by the Reverend Lee Bennett. There was no amendment to the agenda. Mayor Parker introduced Boy Scout Ryan Phillips who is attending the Council meeting in order to earn a merit badge. Michael Scarbrough presented the petition for the New Year's Eve Party explaining that there would be two venues one in front of Tybee Medical Canter at Butler and Inlet and the other at the pier pavilion. Scarbrough said that Dean Morrison who has the concession on the pier has told them that he would try and get the Tams or the Drifters for the ban that night. Sessions questioned the closing of Tybrisa Street. Scarbrough said that it will not be closed. There is plenty of parking in the lots. Monaghan asked if they would need assistance in putting up the lights. Scarbrough answered that the lights will all be white in keeping with the City's decorations. Monaghan asked if the entertainment would be local talent? Scarbrough said that down by Tybee Medical it will be local. On the pier it will be a band either the Drifters or the Tams at no change to the public. Sessions said that the design on the shirt looks like a local person. Scarbrough said that a lot of people think it looks like Jack Youmans. Monaghan said that it states that the insurance will be by the City, was that the way it as last year? Parker said that the City is the co- sponsor and that the pavilion will be rented at no charge to the City. O'Brien asked Scarbrough if he was representing the Chamber? Scarbrough answered no, as a concerned Tybee citizen. O'Brien asked about the advertisements. Scarbrough said that on Tybee and in Savannah for this year. Youmans asked about the money. Scarbrough answered from sponsors. Monaghan told Scarbrough good luck and that all the citizens should try and attend. O'Brien and Sessions questioned the safety concerning people driving down Tybrisa and the walking traffic between the pier and Tybee Medical. Parker answered that crowds go up and down Tybrisa all summer long, the businesses need the flow. Parker said that he does not see as a safety factor. Sessions said that the Chief should be involved. Parker said that officers will be on duty that night. Monaghan asked if Fannie's or Spanky's would be effected. Parker said that Cannon will talk to the Chief. Officer Moseley suggested that parking meters could be closed off at 16th Street, thereby offering more room for people to walk Mayor Parker proclaimed November 19 — 26 as Bible Week. Jenny Orr addressed Council stating that she is in support of the New Year's Eve party but against closing of Tybrisa. Orr said that there are many other places to hold a party. Jean McDowell of the Greenspace Eco- Tourism Committee gave Council 5 recommendations from the committee. 1. Authorize Tom Cannon and Edward Hughes to contract with K. Dixon Consulting Company. Phase # 1 has been completed at no expense to the City now ready to apply for grants. 2. Chatham County will get 1.1 million dollars and the City of Tybee Island needs to evaluate the projects that they will recommend for funding. Tom Cannon should appoint a committee to evaluate and state what Tybee Island wants. We are well ahead of the other municipalities. Parker asked 1 1 about Chatham. McDowell said that they are looking at one piece of property. Burke said Turner's Rock. McDowell said that the City can negotiate. 3. Of the $5,000 allocated for Rachel Perkins' study there is some money left over and she they would like the City to purchase Art View software — G.I.S . It is for mapping and planning. 4. There are Coastal Incentive Grants from DNR up to $25,000, application for a grant due by December 1, 2000. The City needs to hire someone to find out what the City owns, title searches are needed. Youmans questioned what has been spent so far on different projects that the Council has approved. Monaghan asked who decodes who get the grant. McDowell answered the Coastal Zone Management Committee. Monaghan asked if this grant would go towards the final study of all city owned property. Pearce said to meet with Cannon, ideas for bringing in Dixon, developing a 5 -year plan, and finding out what we can do with what we have, restore and use. Parkers said let's get the grant and then work with Dixon. Pearce said that the cost of Dixon would be minimal or free. Sessions said that the City needs to get Hughes involved. Monaghan asked about the special committee. McDowell stated that they need more people. Parker asked how many? McDowell said they have 6 now and usually 4 show up for meetings. Parker said that we need recommendations for the application. Pearce asked McDowell if she had a copy of the application form. McDowell answered no. Sessions said that the committee wants action on request # 4 now. McDowell said yes and also on # 2. Ed Merves offered to serve on the committee. Mayor Parker opened the following public hearings, asked for comments and closed them according to law. Mr. Steve Watson presented Council with a petition for lot size reduction at 42 Wrenwood (7 Railwood) PIN 4- 2 -20 -1. Watson told Council that they have been working on this for months, have met with the Planning Commission on several occasions, first with plans for a triplex, then 4 duplexes with a PUD variance, which had problems with density. Next it was for 4 single - family lots that was denied by Planning Commission. Requested to be heard by Council in September but then withdrew request. Planning Commission also denied the request for 5 single - family houses. Watson said that he is requesting 4 R -1 lots, each one will have over 13000 square feet. Watson asked for approval contingent upon all documentation will be provided to the City before a permit is requested. O'Brien said that she feels that there was some confusion concerning the petition on PUD. Burke asked about a drainage plan. Watson answered it was sent October 17, 1999. Burke also asked about the storm drainage plan. Watson answered yes they have one. Sessions said she likes this idea of 4 single family homes, she spoke with Bill Nicholson, and drainage plan is for 5 houses, can we use the same information submitted for the five houses for the four single family homes? Sessions said that the City needs a process in place stating what happens when, knows Cannon is working on one now but Nicholson said that he would like to be a part of the group that works on the process. Pearce said that this has not been before the Planning Commission. Watson said not his exact plan. O'Brien said she applauds the effort and likes the direction. William Moseley said that he is happy about the 4 single - family houses but is concerned about ingress and egress to the property, Chatham County has regulations. Parker said that Chatham County regulations do not apply to Tybee Island. Moseley said that the roadway is only 12 feet wide. Ed Merves and Ted Kohan spoke in favor of the project. Henry Levy explained what has been before the Planning 1 1 1 Commission and the order in which they were petitioned. Levy said this plan has not been before the Planning Commission for review and recommendations. Letters from Malcolm Butler, representing the Fishback's, and Dave and Sandra Cornelius opposing the project were read into the records and become a part of these minutes. Someone said that Wrenwood was not a city owned street. Youmans answered saying that the city patches the pot holes and repairs the sewer lines. Watson said that the plan he is requesting has never been before the Planning Commission but that he did petition for 4 R -1 lots in order to build duplexes. Watson also told Council that the roadway on the survey shows 20 feet wide. Parker asked Whitely Reynolds, who did the survey, if he would stand behind the survey? Reynolds said that the pavement is probably less than the right -of -way. Levy asked that this request come back to Planning Commission. Cannon explained the 2001 budget for first reading saying that there are a lot of line items that Council may have questions on. Cannon said that he would be happy to arrange meetings with department heads to present and go over their budget requests. Burke agreed that Council needs to meet with staff. Youmans said that this is not a 1St reading on the budget. Hughes answered that this is a public hearing. Monaghan said that Council should accept Cannon's offer to set up meeting workshops with the department heads, highlight the changes, a lot of discussion before adoption. No comments or questions on the budget from the audience. Dottie Kluttz said that a relative in Virginia called and said they had heard about the $400.00 donation for candy on Lewis Avenue for Halloween. Youmans stated that a homeowner put a penny in a jar every time a child came to the door, 580 pennies at the end of the night. O'Brien questioned the CIP budget. Cannon explained about the State Revolving Loan for the upgrading of the wastewater treatment plant, also about SPLOST funds for stormwater drainage projects. Cannon said that the citizens must have trust in the elected officials and the staff who is running the City with their tax dollars. Get the citizens input and then the budget becomes a citizen's budget. Youmans said that Council had approved paying off the GEFA loan for the water tank with funds from SPLOST. Cannon answered he would look into this matter. Mayor Parker opened the meeting for business legally presented. Burke moved to approve 4 R-1 lots for Watson at 42 Wrenwood (7 Railwood). Youmans seconded saying if the 2 items addressed by HGB &DeY are cleared up. Session said she is confused, thought we had information on 5 houses. Monaghan said that the 4 R -1 lots have not been before the Planning Commission and she has a problem with that. Monaghan said address is 42 Wrenwood, so it sounds like a City street, but that there is no ingress or egress from that street. Hughes said it is not a city street. Youmans said that if it is in fact not a city street then he does not want the city personnel or vehicles doing any more work on it. Burke said that Watson said they have a storm drainage plan. Sessions answered yes, for 5 houses. Watson said that he will meet all requirements. Hughes said that this could be the preliminary plan approval. Sessions said she would like to approve but it is getting away from the process. Parker said that he understands and it is confusing. Monaghan asked based on HGB &DeY's approval does this come back before Council? Hughes said not the subdivision itself, the final plat will state that the infrastructure is in place, Watson can not sells the lots until final plat approval from Council is granted. Vote by Council was 2 in favor (Burke and Youmans); 4 opposed (Sessions, Monaghan, O'Brien and Pearce). Sessions moved to send back to Planning 1 Commission for their recommendation of 4 single - family homes, and suggested a Special Planning Commission meeting be called. O'Brien and Pearce seconded. Vote by Council was unanimous. Cannon will set up workshops with the department heads and Council on the 2001 budget. Pearce moved to approve the Greenspace Eco tourism report and to start the process for applying for the Coastal Incentive Grant through Coastal Zone Management, to set up a committee for the evaluation process, with Council submitting suggested names to Cannon, Cannon to contact Dixon and come back to Council with a proposal. Monaghan seconded. Burke said that we do not need to go headlong but to take it slow, Chatham County is going to spend all the money, and we need to plan for January 2001 taking with the legislators in Atlanta. Pearce said that it would be a small amount of money if we moved now. Youmans said to turn in the names for the December council meeting. Sessions asked how long has this committee been in place? Pearce answered several months. Cannon, McDowell and Perkins have met with the County. O'Brien asked to amend the motion by adding the purchase of the mapping GIS system software. Cannon said we need to involve Vivian Maxey, Information System Manager, in the discussions. Vote on the main motion was 4 in favor (Sessions, Monaghan, O'Brien and Pearce); 2 opposed (Burke and Youmans). Pearce moved to approve the New Year's Eve Party request from Michael Scarbrough. Sessions seconded. Vote by Council was unanimous. Monaghan moved to approve the minutes as presented. Pearce seconded. Vote by Council was unanimous. Pearce moved to approve the budget adjustments for the expenditure of Cannon's moving expense. O'Brien seconded. Vote by Council was unanimous. Cannon explained the budget adjustments needed in order to purchase the Incode financial software and hardware out right. Burke moved to approve with Pearce seconding. Vote by Council was unanimous. Chris Solomon, Chair of the C -2 Study committee, gave a report on the last meeting and read the recommendations for the setbacks in that district. Front 10 feet, side and rear 6 feet. Copy of this report is attached and becomes a part of these minutes. O'Brien gave an update on the Post Theater Committee stating that they have 3 new members: Debbie Robinson a local artist, Barry Finch a teacher at Armstrong, and Marlboro Packard a teacher from SCAD. Youmans said that this is a Council committee and Council must make any appointments. Hughes said that this is not like the Planning Commission who makes formal recommendations to the Council, this is not a formal body. Monaghan moved to concur. Pearce seconded. Youmans said that his understanding is that this committee has no decision - making authority, correct? O'Brien said that she did not anticipate any decisions by committee. Council concurred. O'Brien said that the she put the Beach Task Force appointments on the agenda because of a memo that Council received from Chris Schubert and if this is a problem then just let the task force continue to move on and do good work. Burke said that they are not studying the entire island. Youmans said that he has brought this to the attention of Council many years ago, they concentrating on the South end of the island, no study on the North end. Youmans also asked that Bill Farmer, former City Manager, have nothing to do with the beach task force. Parker said that the renourishment of the 1 1 beaches are governed by the DNR and Corps of Engineers and that so far they have only done southward of Fort Screven at the curve on Butler. Also some residents have worked on the renourishment. Parker said that north end residents have been informed of the process. Burke again stated that the beach task force needs to study the whole island, even if the Feds are only concerned about part A to part B. Parker said that the beach task force has been in operation since the Hosti administration and they make recommendations. Youmans asked why Farmer was still on committee. Parker answered that Farmer is on the SEG committee and that committee directly effects the renourishment. L. K. Liston said he sent letters to the Mayor and Council concerning the erosion of the beach in front of the Savannah Beach and Racquet Club. Liston told Council that on November 18th the homeowners are having a meeting to discuss spending $700,000 to renourish our part of the beach and he does not understand why they are responsible for the costs. Parker said that a contract with the CORPS set the areas, we are under a 50 -year contract and have about 25 years more to go. Parker said that the Back River residents spent thousands of dollars to put rock on their property for protection. Parker said that he has told Joe Griffin what needs to be done. Parker said that the fiber that has been mentioned can not be done without the permission of the DNR And they do not approve of that method, but you might be able to get groins approved. Liston said that this means that the Management of SBRC has dropped the ball. Liston stated that the Beach Task Force members do not even know who the chairman is at this time. Council requested a list of who is notified for the Beach Task Force meeting. Burke said that BTF is planning a meeting with Burke Day to get some legislation for January. Burke told Council that maybe Council should call a special meeting. Parker said that the legislation in question did not come from the BTF. Parker also stated that the BTF is a good lobbyist group. Burke said that this legislation is for all of Georgia's beaches. Liston told Council that Burke Day told him you need to start at the ground and he has had no word from anybody about the north end of the island. Sessions asked how can the City help. Parker said to follow up with Day and Johnson and that he has talked with the DNR Commissioner in Atlanta about the entire island being put in for renourishment. Burke said the City should get Stuart Steven from DNR down here to look at the problem. Levy said the Day bill would put a line item in the budget that deals with erosion and renourishment every year. O'Brien said that the dune ordinance looks fine, and how soon can the process start. Hughes said that the final goal is to have an ordinance that covers every thing. Hughes said an interim measure that would prohibit construction under state law can be prepared. This would have to come before the Planning Commission and then to Council and be advertised as a public hearing for both. Pearce said that he opposes the line referring to the trees, dunes would be lost. Parker asked Pearce to explain. Pearce said North Waves to SBRC has red cedars and any more erosion and they will fall in the river, also there is a major loop hole with the State law. Parker said that no matter where the DNR line is located, you can not encroach on the dunes. Hughes said that the State gives variances. Youmans stated that holes have been cut in the dunes in the past few months. O'Brien said we need the step process, Section 5 -101, lets do it. Youmans said 6 steps. Hughes that is the long -range ordinance. O'Brien said let's act on the short term now. Parker said we need to be very careful. Sessions said that the special Planning Commission meeting being called to review the Watson project could also be utilized to 1 1 1 review the short-term dune ordinance. Hughes will handle the advertising. Pearce said that the jurisdiction line would not apply to the pre existing houses. Parker said that some lots do not have buildings on them. O'Brien said to get a copy of the long -term draft dune ordinance that Hughes prepared in September. Hughes said that DNR, Eric Olsen and Jean McDowell have reviewed draft, it has probably been revised since then. O'Brien asked about the geologist review. Pearce said geologist has input. Youmans asked who has walked the area that will be impacted? O'Brien asked if the draft was ready to circulate? Hughes answered the one from September? O'Brien told Hughes to start with DNR, get letter back from them. O'Brien also said to move the Planning Commission review to the end of the process. O'Brien passed out a handout to Council of a summary of the meeting with HGB &DeY. Copy attached and becomes a part of these minutes. Burke said that we did not approve going for a seasonal permit. Sessions said that yes we did. Burke said if we get a seasonal permit then no more tap in for water sewer. Youmans said that the 2001 budget has an increase in water sewer tap in fees, so if we can not do may we need to cut that out of the budget. Burke said the City could build a pond, it is only about 4 days a year that we go over the limit. Cannon told Council that there is a meeting in Atlanta with the EPA at 1 P.M. on November 28, Bob Whelchel of HGB &DeY will be present on the City's behalf. The meeting is concerning the seasonal permit request. Burke, Sessions, Youmans, O'Brien and Parker will also attend the meeting. Parker said that the City's needs to know what is involved in a seasonal permit. O'Brien said we might not be able to get the seasonal permit in time for next summer. Youmans moved to hold off on any decision until after the November 28, 2000 when we have all the facts. Burke seconded. Sessions answered that at the work session we understood that we are way behind on the process. Cannon told Council the letter to DOT is now on letterhead and ready to mail. Vote by Council was 2 in favor (Burke and Youmans); 4 opposed (Sessions, Monaghan, O'Brien and Pearce). Discussion on sewer connection was held with the outcome that Cannon will get a draft copy of a growth control ordinance from the American Planners Association by the next Council meeting. Burke said that it would be helpful if the manholes tops were sealed. Pearce said that he would bring up the Aquifer Resolution at December meeting. Cannon said that the 2000 budget expenditures and revenues are within $600. Burke asked when the City started keeping the parking meters up year round. Parker answered several years ago, now they rotate them for cleaning and repairing. Hughes said on the action items listed with his name he is waiting for the MRS to come back with an answer from the board concerning the 15 -year lease. A first draft for architectural renderings and all schedules /plans indicated by our Land Development Code will be ready by December meeting. A copy of the checklist for subdivision will be copied for all councilmembers. Monaghan told Council that the evaluation procedure for City manager and Clerk of Council will be gone over in January 2001. Burke mentioned the trailers in the sky, does not fit into landscape or FEMA regulations. Hughes said that a rep from FEMA was down last week and blessed the campground and the Oaks on Highway 80. Burke said that they have to be skirted. O'Brien asked that Huk a poo's license be checked to see if they have one for music /live band. Burke said that they were only supposed to serve deli food. Monaghan said that they were building a platform and had to come to City hall for permit after fact. Monaghan said that Council needs to 1 1 appoint a committee to follow up on the C -2 recommendations and to send it back to the Planning Commission. Monaghan requested that Bargeron look into the rezoning request from Anne Murray for the beach side of Butler Avenue. Youmans said that Angela Byers tried to get the Planning Commission to help with the study. Hughes told Council that in reference to penalty for builders who violate the codes stemmed from Polote variance for stairs in setback. Hughes said that he understands that the builder offered to relocate the stairs but the owner refused. Parker said that Bargeron did not tell Council that information. Pearce moved to go into closed session to discuss litigation. Monaghan seconded. The regular meeting was reconvened and Youmans moved to adjourn, as there was no further business to come before Council. The time was 10:47 P.M. The vote by Council was unanimous. Clerk of Council Mayor Walter W. Parker 1 1 1 Proclamation Bible Week PROCLAMATION WHEREAS, the Bible has been a constant source of moral and spiritual guidance for many people throughout the centuries; and WHEREAS. the Bible has profoundly influence art. literature. music, and codes of law; and WHEREAS. the Bible has motivated many to acts of compassion and charity; and WHEREAS, the Bible continues to provide inspiration, hope and comfort for millions of Americans today; and WHEREAS. for sixty years women and men of many faiths have banded together with the National Bible Association to sponsor National Bible Week as a time to be reminded of the Bible's unique place in Americans life; and WHEREAS. this annual celebration has encouraged the reading of the Bible: NOW THEREFORE, I Walter W. Parker, Mayor of the City of Tybee Island. Georgia. hereby do Proclaim November 19 to 26, 2000 as 'BIBLE WEEK" in the City of Tybee Island. and encourage interested citizens to participate in this observance. IN WITNESS WHEREOF, I hereunto have set may hand and caused the seal of the City of Tybee Island, Georgia be affixed this 9th day of November, 2000. Mayor Page 1 of 1 1 1 1 Fiduciary Services Corporation October 16, 2000 Honorable Walter W. Parker and Council City of Tybee Post Office Box 2749 Tybee Island, Georgia 31328 RE: Petition of Steve Watson and Rob Sales regarding 42 Wrenwood Avenue; PIN No. 4- 0002 -20 -001 Dear Mayor and Council: I am writing to you on behalf of my clients, Mr. William H. Fishback, Jr., Mr. Robert H. Fishback, and Mr. John R. Fishback. They are the owners of the property located at 5 Officer's Row, PIN No. 4- 0002 -20 -010. They have received notice that Steve Watson and Rob Sales are requesting a variance to reduce the minimum lot sizes by 10% to 12%, and requesting subdivision approval for 5 lots. My clients' property is located very near the petitioners' property. My clients believe that reducing the lot sizes and allowing a 5 lot subdivision would have a detrimental impact on the character of the neighborhood. It is especially important to honor lot sizes in this area as the Officer's Row area is historically significant, and adjoining property should be compatible with existing home sites. Furthermore, by increasing housing density in this area, approval of the petition would promote further degradation of the neighborhood's rich character. Therefore, my clients op.posg, the requested variance and the requested 5 lot subdivision approval. I would appreciate your entering thi letter into the official Minutes of the City. nc rely V MALCOLM L. BUTLER President MLB:jkl cc: Chuck Bargeron (via e-mail: cbargeron @cityoftybee.org) William H. Fishback, Jr. Robert H. Fishback John R. Fishback 310 Commercial Drive Savannah, Georgia 31406 Post Office Box 1.3666 Savannah, Georgia 31416 -0656 Telephone °1' -3303 -9000 Facsimile 912-303 -9001 E Mail inve<t4fiaucian•servicescorp.comi 1 1 1 City of Tybee Island 403 Butler Ave Tybee Island, Ga 31328 Att: Mayor & Members of City Council 10 -30 -00 Subject: Subdivision of 42 Wrenwood Ave. Pin 4- 0002 -20 -001 We offer the following comments in regard to subject subdivision. (1) The only access to this property is by a 16 ft wide unnamed alley or lane. Section 10- 080 Design Standards under (E) Street design requires 20 ft wide private drives. There should be a turn around area as well for access to (4) houses. A. Where the 7 Railwood Dr. address comes from is unknown. B. There is a Railwood Ave., but it doesn't go to this property. C. The true problem here is access which should come from Wrenwood Dr. D. As The Seaside Colony has turned Wrenwood Dr over to the City, We see no reason the City cannot give access from Wrenwood Dr. F. Wrenwood Dr. is a full width street, where as entering from the back requires coming down Palmwood St. (which is single lane) or Railwood Ave which is also very narrow requiring one car onto the shoulder in order to pass. G. Entering from the back also means access to lots will have to cross other lots. (2) The property is large enough for (4) four R1 lots not (5) five. A. See section 10 -080 Design Standards under (F) Lots (6) It says lot width shall be a minimum of 60 ft. at the building line. (3) The petitioners have been before the Planning Commision several times. A. Asked for (3) Condo's with (3) homes in each unit. TOTAL 9 units B. Asked for (4) Duplexes. TOTAL 8 units C. Asked for (5) Houses. TOTAL 5 units D. All of above have been turned down by the Planning Commision. (4) The overall size of the property is large enough to support (4) single family homes if the problem of access can be resolved. (5) I would suggest the city work with the petitioners and Seaside Colony to provide proper access to this property from Wrenwood Dr. and allow (4) single family homes to be built. Best Regards: Sandra & David Cornelius -9-Palm-Wood St Tybee Island, GA 31328 912 - 786 -7081 P.S. We will be out of town on Nov 9th October 19, 2000 To Mayor and Council From Jackie Brown Subject: Budget Adjustment Mr. Cannon has turned in the bill for his moving expenses for reimbursement. I went back and researched the minutes and can not find where you officially took action on this request, but I do remember some talk of paying after the meeting was adjourned, but it did not come back to Council for vote. The bill is for $16,969.20 and we do not have this budgeted. So I found the funds for payment in two different departments and would like for you to vote on this budget adjustment listed below. Move $15,000 from 106062.9020 that was earmarked for the GIS System that Vivian said we will not be purchasing; and move $2,000 from 106171.6030 Liability Insurance that has a balance of over $8,000. Tanya said that all payments have been made to GMA for the year 2000. I spoke to Tanya and asked that a line item be established in Special Appropriations titled City Manager Moving Expense 106064.6138 and if Council approves to transfer funds into that line item.