Loading...
HomeMy Public PortalAbout20010123SCMeeting1 1 1 @ @ITEM 2001 -01 -23 City Council Minutes Mayor Walter W. Parker called the Special Council meeting to order at 8 PM on Thursday, January 23`d for the purpose of holding a Public Hearing on the proposed Growth Control Ordinance. The following members of Council were present: Shirley Sessions, Anne Monaghan, Pamela O'Brien and Mallory Pearce. Mayor Parker said that Jim Burke and Jack Youmans were both absent because of medical problems. Mayor Parker asked City Attorney Edward Hughes to explain the proposed ordinance. Hughes said that this ordinance was drafted at the request of Council in an effort to get on paper, this ordinance deals with water /sewer tap -ins, until a more desirable ordinance of some type can be completed. Hughes stated this is a short term means and is intended to apply if there is a need for one until a longer growth control ordinance is formulated and that there are not many sources available. Hughes said that all information on the situation and plan should be in the minutes. Hughes said that EPD is considering a request from the City to change the permit from annual to seasonal and that Bill Lovett is here and can better explain process. Lovett explained that the City is authorized to process I MGD. During the summer because of the tourist more flow is released into the stream, but the net flow stays the same for the year. EPD is looking over application for a seasonal permit for Tybee and it looks like they are favorable to the idea. Parker said that we can treat more with the upgrade. Lovett said that the process is in the awarding phase. Parker asked time frame for completion? Lovett answered end of summer. Sessions asked for specific data on numbers. Lovett said that he had some figures from Michael Gibboni, Director of Water Sewer today. They are the monthly flows for the year 2000. EPD will look at certain levels at 80% capacity; they will want to see plans for the expansion of the plant at this time. At 90% capacity EPD wants to see you finalizing plans, designs and getting started on the project. O'Brien stated that when the City met with EPD they were told the way to manage is to establish historical base flow and then add the tap ins to that figure. Lovett said that these numbers plus this year 2001 is needed to estimate the flow. Parker said \the lines were in bad shape but that they have been slipped lined to help stop infiltration of rain water. O'Brien said to take into account the numbers, add present tap ins that we will see in 2001. Lovett answered that what O'Brien said makes sense but that EPD wants actual not projections. O'Brien asked how much more can the system take? It is logical to take the projections and add to them. O'Brien said on the flip side the City has slipped lined and this helps with the infiltration. Lovett said that EPD bases their requirements on the actual flow at the plant, but that the City can get ahead. Henry Levy asked if we will be able to treat more than 1 MGD with the improvement? And what happens to the excess of the 1 MGD? Lovett answered that the excess was treated and discharges. Parker said that it caused no health problem. Shel Solomon asked how the MGD were determined. Lovett said by the size of the plant. 1 1 Whitley Reynolds asked how many more taps can we safely add to our system. Lovett said that a 2 bed rooms condo uses 300 gallon per day, a hotel room is 100 per day. Reynolds said that the City was getting ready to get a 2.5 million dollars upgrade for the plant and that the work is slated to start shortly. Lovett answered that the City would be able to treat more than 1 MGD but that the cap from EPD won't change. Mary McCraken asked if the system is monitored by the State and what of the ecoli. Parker answered that the ecoli was not out of our treatment plant. McCraken asked how often did the State check; the figures are never published. Lovett said daily and that a report is sent to the State monthly and that it is a public record. Lovett said that Tybee is in good shape. J.R. Roseberry said that given the added construction we can compare with prior years actual. Lovett asked what is a unit. Chuck Bargeron answered he counted single family, duplexes and condos as a unit. Lovett said that added to July cap of 916 gallons per day it would be 958 gallons per day. Roseberry said that he understand that EPD wants to see plans when the City reaches 80% capacity. Lovett answered yes, and when it is 85 to 90 percent they want to see positive action. Roseberry asked how long it would take to expand the plant? Lovett said about 2 to 3 years start to finish with the plant on line. Roseberry questioned the flow for September. Lovett said that it was an odd month, we had a lot of rain. Sessions said that she came away form the meeting in Atlanta with the EPD hearing different things. At 85% EPD will see red flags and want to see us in a planning stage. Sessions read a portion of the proposed ordinance on Growth Control that is before Council. Lovett said that the design to utilize to design the capacity of the plant can use all that is included in the expansion. With the plan for expansion you have federal hoops to jump through. O'Brien said that an expansion would take 2 to 3 years, need to consider financial planning for expansion. The City has a bond that has a 20 -year term. O'Brien asked when the City could fund the expansion. Steve Turner asked how much can be treated per day after the improvements have been made to the plant. Lovett answered 1.4 million. Turner said that the Planning commission was not privileged to the information that Council has been told tonight before they voted. Turner said that from the discussion tonight he understand that the can for construction is about 3 years away. Parker said that we could make adjustments without a moratorium. Lovett answered a question from the audience stating that the rain fall must be counted a treated waste water and it cost the same amount to treat rain water as waste water. Some one asked if more pumps will be added with the upgrade. Lovett answered yes. O'Brien asked Lovett how long would it take to get a schedule that would take into account permitted tap ins, not in 2000, and calculate the remaining. Lovett answered about 2 weeks. O'Brien said this schedule will be for various types of use. Lovett said yes, it will provide some data. Lovett said that we can see what the flow was last year, see what was permitted, and then compare what the 80% capacity would be by month. Henry Levy said that the Planning Commission vote 3 to 3 to recommend approving the ordinance. Levy said he broke the tie by voting in favor, with the recommendation of 93 days for a realistic schedule to be developed, with no exceptions. Turner said again that the Planning Commission recommended was made without the engineer report, the growth control was presented as the City was in a crisis. 1 1 1 Pearce moved to adopt on first reading as written. O'Brien seconded. Monaghan amended by stating that the recommendation from Planning Commission be included and that the ordinance not exceeds 93 days. Sessions seconded for discussion. Sessions said that her definition of realistic might be different from someone else; and is it clear that we can lift this at anytime. Parker answered that to lift the ordinance at anytime that a public hearing would have to be advertised and held it would be a pain in the neck. Hughes stated that he does not suggest that this be the first reading, Charter states an ordinance must be in written form and that any changes between first and second reading bothers me. Pearce moved to approve on first reading as rewritten during this meeting. Clean copy attached and becomes a part of these minutes. O'Brien seconded. Vote by Council was unanimous. Mayor Parker adjourned the meeting Clerk of Council Mayor Walter W. Parker 1 1 1 January 2, 2001 A Special Called Council has been ordered by the following 4 Councilmembers to be held on January 23"1, 2001 at 8 P.M. in the City Hall Auditorium. The purpose of this meeting will be to hold a Public Hearing and 1st Reading on the Land Development Code Growth Control Ordinance. Signature / ZZ1 GLLi% Date C/ f' c G %/ 3/ G I 3l zoos - 1 1 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF TYBEE ISLAND, GEORGIA An ordinance to amend the code of ordinances for the City of Tybee Island, Georgia, to provide a new chapter entitled Growth Management, Planning and Development, Chapter , to provide for codification; to provide for severability; to provide for hearings and variances; to repeal conflicting ordinances; to provide an adoption date; to provide an effective date; to provide an expiration date; and for other purposes allowed by law. WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, S2, ¶3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, welfare and aesthetics of the citizens of the City of Tybee Island, Georgia; and WHEREAS, the duly elected governing authority of the City of Tybee Island is the Mayor and Council thereof; and WHEREAS, the governing authority desires to adopt ordinances and regulations under their police and home rule powers to regulate development in the City consistently with the infrastructure and improvements thereto and to effectively manage rapid growth that has recently occurred on the island; and WHEREAS, the City of Tybee Island has experienced rapid growth in multi family development and commercial development which has placed increased demands on the infrastructure of the City; and 1 1 1 WHEREAS, the City has taken steps to improve problems with infusion and infiltration into the waste water treatment system; and WHEREAS, the Environmental Protection Division of the Department of Natural Resources has consulted with the City regarding the demands on the City's infrastructure and the limitations on the City's permitted capacity; and WHEREAS, the Mayor and Council of the City of Tybee Island need to explore the possibilities of securing a seasonal permit from the Environmental Protection Division with respect to its water sewer treatment capacity; and WHEREAS, the City has adopted Storm Water Management Ordinances and is making efforts to control non -point source pollutants; and NOW THEREFORE, BE IT and, IT IS HEREBY ORDAINED by the governing authority for the City of Tybee Island that the Code of Ordinances, is hereby amended by the adding sections to be identified and numbered in Title 8 Land Development Code, Chapter 15 , Growth Management § 1 , et seq., which said sections read as follows: S1. Findings and Statement of Purpose The Mayor and Council make the following findings and statement of purpose: Rapid development has occurred within the City over the past several years increasing demand and causing an excessive burden upon the infrastructure of the City, particularly with respect to waste water treatment and drainage concerns; there is a compelling need to upgrade the water and sewer treatment facilities; following the presentation of information by the City Public Works Department; the City Water Department and 1 1 1 evidence presented by the City's engineers and following comments from representatives from Environmental Protection Division of the Department of Natural Resources; the Mayor and Council of the City find that all of the circumstances are such that a critical stage is approaching with respect to overburdening the existing infrastructure of the City and in order to plan therefore, and in order to prevent a shortage of facilities and so as not to place the City in a position where penalties are sought from the City for violation of any permits, in the interest of the public health, safety and welfare, the Mayor and Council find that restrictions on development pursuant to a realistic schedule which will coincide with planned improvements to the waste water treatment plant and in order to conform to the master plan previously adopted by the City, it is found as a matter of governmental interest and public concern, that an immediate measure is necessary in order to more fully plan and control growth within the City in order to protect the facilities of the City and its' citizens. §2 - Development /Growth Schedule /Moratorium A moratorium is hereby imposed on the issuance of any additional water /sewer tap -in permits for any structure or project or development of any nature whatsoever except for single family residences. This moratorium shall be effective until a realistic schedule is developed or for a period not to exceed ninety -three (93) days while the Mayor and Council, City Manger and departments within the city investigate ways to control the increasing demands on the water /sewer treatment facility and to enact ordinances or to reject proposed ordinances dealing with ways to control the increasing g:\common\emh\Tybee\338\growth.ord 1 1 1 demands on the water /sewer treatment facility. Further, during the term hereof, the City Manager, the Mayor and Council, and all the departments of the City may investigate ways for improving the wastewater treatment facility and financing for improvements as may be deemed necessary and to assess the degree and nature of further demand on the water /sewer system. S3 - Procedure The following procedures shall be put in place immediately. Under the Supreme Court case of Cannon v. Clayton County, 255 Ga. 63 (1985), the Supreme Court stated, "Where a landowner makes a substantial change in position by expenditures and reliance on the probability of the issuance of a building permit, based upon an existing zoning ordinance and the assurances of zoning officials, he acquires vested rights and is entitled to have the permit issued despite a change in the zoning ordinance which would otherwise preclude the issuance of a permit ". Pursuant to this case, the City of Tybee Island recognizes that, unknown to the City, de facto vesting may have occurred. The following procedures are established to provide exemption from the moratorium where vesting has occurred: (a) a written application, including verified supporting data, documents and facts, may be made requesting a review by the Mayor and Council at a scheduled meeting of any facts or circumstances which the applicant feels substantiates claims for vesting and the grant of an exemption; g: \common \emh \Tybee \338 \growth. ord 1 1 1 (b) within one week of the enactment of the moratorium, the City shall cause to issue an advertisement in the newspaper of local circulation to run once a week for two consecutive weeks providing notice to the public of the imposition of this moratorium and the opportunity for review before the Mayor and Council. 54. Preamble /Findings of Fact The preamble to this ordinance is hereby incorporated into this ordinance as if fully set out herein. S5. Variance Where, by reason of unusual circumstances, the strict application of this ordinance would result in exceptional practical difficulty or undue hardship upon any owner of specific property, the Mayor and Council in passing upon an application for a variance shall have the power to vary or modify strict adherence to the terms hereof so as to relieve such difficulty or hardship; provided however, that such variance, modification or interpretation shall remain in harmony with the general purpose and intent of this ordinance so that the goals hereof can be achieved and substantial justice done. In granting any variance, the Mayor and Council may impose such reasonable and g: \common \emh \Tybee \338 \growth. ord 1 1 1 additional stipulations and conditions as will in its judgment thus fulfill the purposes of this ordinance. S6. Severability The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared invalid by the valid judgment or decree of any court of competent jurisdiction, such illegalities shall not effect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. S7 - Repealer All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. 58 - Adoption /Effective Date The adoption date of this ordinance is , 2000 and it shall become effective on that date. 59 - Expiration Unless renewed following additional hearings, this ordinance shall expire Ninety -three (93) days from the effective date hereof. 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, g: \common \emh \Tybee \338 \growth . ord 1 1 1 City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. ADOPTED THIS _ DAY OF , 2001. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: g: \common \emh \Tybee \338 \growth. ord