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HomeMy Public PortalAbout20010208CCMeeting1 1 1 @ @ITEM 2001 -02 -08 City Council Minutes Mayor Pro Tem Anne Monaghan called the regular February 8, 2001 meeting to order at 7 P.M. with the following members of Council present: James Burke, Jack Youmans, Shirley Sessions, Pamela O'Brien and Mallory Pearce. City Manager Tom Cannon and City Attorney Edward Hughes were also present. The Pledge of Allegiance was recited after the invocation was given by Councilmember Sessions. Mayor Pro Tem Monaghan told Youmans that they were glad to have him back and ready to take us on again. Chief Price announced the promotions of Jonathan Hagen to Lieutenant and Robert Bryson to Corporal in the Police Department. Monaghan introduced Murray McAfee as the Director of Community Development and Zoning. Director of Parking Services read a statement to Council bringing them up to date on the amount of revenue that comes from that department. After discussion it was agreed that Council would get their recommendations to Cannon and this will be on the March agenda. Mayor Pro Tem Monaghan opened, asked for comments, and closed the following public hearings according to law. Harvey Lebos of #11 12th Street PIN 4 -7 -3 -5 requested a setback variance in order to extend the roof over the deck. Lebos showed pictures of his home and those around him. The home is already in the setbacks and this will protect the deck from rotting. Lebos said that he does not plan to close in the deck and that he has spoken to several neighbors and they are not opposed to the project. Craig Meyer of $10 12th Street spoke in favor of the variance. Kirk Brown of #12 12th Street is also in favor. Monaghan said that David Woodrum has withdrawn his opposition. Levy said that the Planning Commission voted 4 to deny 1 in favor, 1 abstained. Levy stated that there was no hardship. James Murphy presented Council with his petition for a setback variance for his stairs. Murphy said that he would be moving the stairs to the south side leading up to the deck and that they would be in the setback area. Murphy said that they are on the north side now and are in the setback area. Paul Mazo has no objections to this variance. Levy stated that the Planning Commission voted 5 in favor and 1 opposed to granting the variance. John O'Neill presented the request for a Bed and Breakfast for Bruce Carter PIN 4 -9 -5 -7 at 1712 Butler Avenue. O'Brien excused herself from the public hearing. O'Neill said that all criteria set forth in the codes have been met, Carter has done everything the City requested him to do. Burke asked the location. Levy answered northeast corner of Butler and 18th Street. Pearce asked about the drainage. O'Neill said that the drainage has been completed. Pearce asked if it met the City regulations? Chuck Bargeron said that he will call Bill Nickleson and ask for an inspection and that there is no reason to deny. Monaghan questioned if this was a duplex? O'Neill said that at this time it is single family with mother in law suite. Monaghan said 2 separate units. O'Neill said no kitchen, small refrigerator, no stove, and no formal dinning room. O'Neill said that the code allows 5 rooms, Carter is having 2. Monaghan said unit is a bedroom with a private bath. Levy said that this was the second time the Planning Commission has heard this request and they moved 4 to 2 in favor of granting contingent upon no occupancy until drainage passes inspection. 1 1 1 Mayor Pro Tem Monaghan opened the meeting for business legally presented. Burke moved to grant setback variance for Lebos. O'Brien seconded. O'Brien said they need to sign the storm water management plan form. Burke accepted the amendment to approve contingent upon the City getting the storm water management form signed by Lebos. Vote by Council was unanimous. Youmans moved to approve the petition from James Murphy for placing his stairs in the setback. Pearce seconded. O'Brien asked to stipulate the 48 inches for the setback. Vote by Council was unanimous. Pearce moved to approve the B &B for Carter contingent upon the drainage being approved by department. Burke seconded. Sessions said to make sure the sign ordinance is adhered to. Bargeron said that the sign must be submitted for approval. Vote by Council was 5 in favor; 1 abstained (O'Brien). City Attorney Hughes brought the Kaplan subdivision up to Council for clarification stating that it should have been a final plat approval request at the prior meeting and not preliminary - drainage plan approved by engineers — infrastructure is adequate and restrictions are on the Mylar. Hughes further stated that it would be the responsibility of each owner for the drainage.. Burke said that the City will end up in the same situation all over the island because of no drainage plan submitted for approval. Bargeron said that no one can design for what is coming out of sky, not even our engineers. Hughes said that there is no need for additional drainage, as this land will drain to the City's drains. Hughes said Bay Street is a different matter and is sorry that John O'Neill has already left the meeting because we need to get that issue resolved. Hughes said that lots can not be sold until final plat is recorded. It was agreed that McAfee, Bargeron, Hughes and the City engineers will not sign until all are satisfied. Pearce moved to accept the minutes of January 11 and 23 as presented. O'Brien seconded with corrections. Sessions will bring tape for clarification on the Park Commission resolution. Vote was unanimous. Pearce moved to approve the alcohol beverage request from Alvin Ward "Rose's Cantina" at 1513 Butler Avenue. Sessions seconded. O'Brien asked that all blanks be filled in on the application. Vote by Council was unanimous. Pearce moved to approve the Coastal incentive Grant resolution. O'Brien seconded. Peace said that the money is in the budget. Vote by Council was 5 in favor; 1 opposed (Youmans). Pearce moved to adopt the Tybee Island Historical Society resolution for the Coast Guard to give the lighthouse to the Historical Society. O'Brien seconded. Burke asked if Council has to vote on this tonight? Cullen Chamber answered that Max Cleland was waiting for the results. Youmans said that this is a big decision. Chambers said that it was no problem to wait and get all concerns and issues resolved. O'Brien asked what Council would do before the next meeting. Youmans answered that we can talk to the City Attorney and others for information. Burke said that we need more information, has no problem with Chambers but what about 10 years down the road. Chambers said that there are certain covenants in place, this will remove the Coast Guard from process, and we can not change or alter the property. Sessions asked ever? Chamber answered no. Pearce said the City Council needs to go ahead and pass so Chambers can proceed. Sessions said the City Attorney has concerns /red flags. Hughes said 1.) Ownership — 1 1 1 Historical Society 2.) Non -profit corporation 3.) Have not seen covenants. Hughes told Youmans that liability is not a big problem, lighthouse does not belong to the City. Chambers said that the City is not protected. Hughes answered that the City always gets sued and that GIRMA handles that issue. Chamber told Council that insurance costs them $21,000 last year. Sessions said that the Historical Society took the Lighthouse and transformed it into what it is now, good intentions for the future. Hughes said that the City would have no voice. Sessions said that the Council could approve the resolution contingent upon the covenants. Chambers said that the Tybee Island Historic Society would love to have city crews, public safety and city insurance. Youmans said with every change of power there is change — the Marine Science Center was built as a bathhouse. O'Brien said she concurs with Sessions. O'Brien said she would not accept an amendment to the main motion. Sessions stated that we need to be clear on what we are doing. Pearce said the lighthouse does not belong to the City. Youmans answered that the City has a lease. Hughes said this resolution supports and endorses the Historical Society to become owner through a congressional transfer. Sessions asked what has the City done to help. Monaghan answered that the Historic Society is self - sufficient. Hughes said the City is the conduit on some grants. Chambers said that it would not change because the DOT requires a municipality to be the sponsor. Burke requested more investigation. Pearce said this is just to get the process going. Vote on the motion to approve was 2 in favor (O'Brien and Pearce; 4 opposed (Burke, Youmans, Sessions and Monaghan). O'Brien moved that council members requiring more information to seek it prior to the next Council meeting in order to cast a vote. Sessions seconded. Vote by Council was unanimous. Pearce moved to accept section 2 -3 -30 Personal Advisory Board on its 1st reading to delete the entire section. Sessions seconded. Vote by Council was unanimous. Youmans said that the City Manger is completely in charge of personnel. Hughes explained that this was adopted because of the transition period when the form of government changed. O'Brien requested that the citizens who serve on the board be sent a letter of appreciation. Pearce moved to reappoint Chris Schuberth as chair of the Beach Task Force and request for a more official list. Burke said he would like to appoint somebody. Youmans said to table this until March meeting. Pearce told Burke that you can add members at any time. Burke requested Arnie Seyden and Walter Crawford be added to the list. Monaghan added Freda Rutherford. O'Brien seconded. Youmans said he would like to look over the list of the committee members. Pearce said you can always amend. Youmans asked why now? Monaghan answered so they can get started. Burke said that he has attended about 3 meetings and that only about 10 people show up and they are not the same people at each meeting. Monaghan said for Schuberth to call people on the list and get a yes or no if they are willing to serve and then present this list to Council. Pearce said he would modify his motion — Schuberth to chair; tentative list; contact for yes or no to serve and come back to Council. Burke said the chair should be a resident of Tybee. Youmans said you can not be on the Planning Commission unless you live on Tybee. Hughes said a resolution from early 90 was adopted but hat he has not seen any by -laws. Hughes said that the City needs some form of an ordinance. Hughes said the resolution states no more than 20 on the committee. Peace said to name those names that are starred and to add Seyden and Crawford; Schuberth to chair and he will 1 1 present those who wish to serve and Hughes to develop an ordinance. Sessions seconded for discussion. Sessions said that Schuberth brings expertise, Berta Adams works with Rep. Burke Day. Levy said that the City is lucky to get 10 people and that Schuberth is invaluable. Voting in favor were Burke, Sessions, Monaghan, O'Brien and Pearce. Opposed was Youmans. O'Brien moved for City Council to ask City Manager to proceed with Gym/Pool project in the form of referendum and to tie it to financial factor with Hughes as a consultant. Pearce seconded. Vote by Council was unanimous. O'Brien requested Council to have an action policy and procedures for conservation easement. Pearce told Council that this usually done through a non profit land trust and that he has an article coming out in the next Tybee News. Burke moved to change the March 8th meeting to March 22 "d. O'Brien seconded. Vote by Council was 5 in favor (Burke, Sessions, Monaghan, O'Brien and Pearce); 1 opposed (Youmans). Burke brought up Meals on Wheels for elderly citizens. Monaghan answered that this has been looked into by the Yeepies and could not get the 10 or 12 required signing up. Monaghan said she will look into again. Hughes said that in order to change the date of a Council meeting that an ordinance change must be done. The 1st reading of Section 2 -1 -1 Regular and Special meetings will be added to the February 15 special meeting on the Tybee Bomb. Youmans requested a list of the special called meeting for the past year since we stopped having two meetings a month. Kathryn Williams addressed Council on the skatepark issue. A long discussion was held. Cannon said plans should be turned into McAfee at City Hall for processing, insurance issues have been addressed, construction under the supervision of the City. Williams said that the City has paid for material approximately $10,000 and that the YMCA will pay for the labor in the amount of approximately $10,000. O'Brien thanked Williams for the update. Council voted 5 in favor with 1 opposition (Youmans) to the Council retreat to be held on March 24th at a location within 40 to 50 miles of Tybee. Cannon gave a summary to Council on the water issue stating that Michael Gibboni went through the entire report page by page. The step plan call for public education and the Grey Water report is due to MPC by December. A complete summary will be presented at the March Meeting. Cannon told Council that a meeting is to be held with the Tybee Chamber of Commerce next Wednesday. At that time Cannon said he will ask how the 40% hotel motel tax is being spent. Cannon stated that he does not know enough about the issue in order to make any suggestion on Tybee doing its own tourism and promotion. Youmans said that every cent that is sent to Savannah has to be approved by the Tybee Chamber on how it is to be used. Sessions asked Youmans if he was still a voting member. Youmans answered yes. Sessions questioned the minutes. O'Brien said that the monthly minutes will become a part of the Council packet each month for information. O'Brien said that Youmans has not attended a meeting since September and that she would be glad to attend. Youmans answered that usually the staff from the city attends. Sessions said that does it mean when Youmans is sick that the City can not vote on any issue? Youmans answered that he does not think the Chamber would have a problem if someone else voted when he was not present. 1 1 1 Pearce moved to adopt Section 10 -1 -1 Uniform Rules of the Road; Penalties on its second reading. O'Brien seconded. Vote by Council was unanimous. Pearce moved to adopt the Growth Control Ordinance on its second reading. O'Brien seconded. Sessions said that Cannon could give Council a specific action plan for the next 93 days, so we will know where we are. Cannon said he would look at the words and address the issues. Cannon said the next step would be for McAfee and his staff to look at the eye of the storm and in the next 2 weeks meet with the Planning Commission and City Council to get a sense of their concerns and where the island is going next. Cannon will develop detail action plan within 3 weeks. Recommendations on a comprehensive plan for the development of the island will be discussed. Monaghan said that everyone will have individual time with McAfee. McAfee said he hopes that Hughes, with his former experience and my expertise we can come up with something less confusing and easier for people to understand on the zoning and setback regulations. Cannon said that in his former position he had 35 to 45 items every month before the Planning Commission and 99% of the review work was done by the staff. Vote by Council was 4 in favor (Sessions, Monaghan, O'Brien and Pearce); 2 opposed (Burke and Youmans). The resolution on the Aquifer was a dead issue because the vote was 3 to 3. Voting in favor were Session, Monaghan and Pearce. O'Brien moved to adjourn to executive session to discuss personnel and litigation. The regular meeting was reconvened. O'Brien moved to grant a 13 %equal to $6,000 raise to the City Manager and that this is retroactive to his 6 month anniversary date, 1 extra week of paid vacation and Mayor Parker's office. Pearce seconded. Sessions questioned comp time? Hughes said that comp only applies to hourly employees. Youmans said he would go along with everything except the office part, Mayor and Cannon should be able to work that out by themselves. Cannon said that he would like 2 weeks of extra paid vacation. Pearce moved to amend by adding one more week to make it two weeks. O'Brien accepted the amendment. Vote by Council was 5 in favor (Burke, Sessions, Monaghan, O'Brien and Pearce). Youmans said the only reason he opposes is the portion about the Mayor's office. Hughes to put together a contract. Youmans moved to bring clerk of council Jackie Brown to chief of police salary excluding the $2.00 an hour raise given in December 99. Hughes said that Youmans meant raise to stay equal with chief minus the $2.00 an hour. O'Brien said that we should not base clerk of council raise on the chief of police salary. Parker asked Cannon to call GMA. Motion did not carry, as the vote was 3 to 3. Voting in favor were Burke, Youmans and Pearce. Monaghan moved to table until March meeting for information. Pearce seconded. O'Brien said you can always make it retroactive. Vote was 5 to I (Youmans). As there was no further business to come before the governing body the meeting was adjourned. Mayor Pro Tem Anne Monaghan 1 1 Clerk of Council 1 RESOLUTION WHEREAS, there does exist the Coastal Incentive Grant Program, Rules and Regulations of the State of Georgia Chapter 391- 2- 5- .01(7)(hereinafter "the Grant Program "); and WHEREAS, The purpose and general scope of the Grant Program is to provide financial assistance in the form of grants to county and municipal governments; state agencies; and educational and research institutions for projects that further the mission of the Coastal Management Program; and WHEREAS, The Coastal Resources Division for the Georgia Department of Natural Resources ( "DNR ") has been designated to administrator the Grant Program and to make awards of financial assistance grants to eligible recipients pursuant to and in accordance with the provisions of the Grant Program; and WHEREAS, the City of Tybee Island has heretofore submitted a completed application for a financial assistance grant in accordance with the provisions of the Grant Program (hereinafter, "the application"); and WHEREAS, DNR has completed its review of the Application as above- referenced, and has determined from such review that the City of Tybee Island meets the qualifications and requirements for financial assistance in accordance with the provisions of the Grant Program; and WHEREAS, DNR has expressed its willingness to provide financial assistance under the Grant Program to the City of Tybee Island in accordance with the terms of the Agreement attached hereto as Exhibit "A" ('the Agreement ") upon execution of the g: \common \em h \tybe e\332 \resolution 1 1 Agreement by the City of Tybee Island; and WHEREAS, it is the desire of the City of Tybee Island to enter into the Agreement with DNR and to be bound by all terms and conditions set forth therein, and to receive, process, administratively handle and utilize the sums upon the said terms and conditions and for the purpose set forth in the Agreement; and NOW, THEREFORE, BE IT RESOLVED, that this governing body of the City of Tybee Island hereby ratifies and affirms the actions taken thus far by Bill Farmer, the former, City Manager of the City of Tybee Island (and others acting under their authority • and direction), in connection with the execution and submission of the Application as referenced above. BE IT FURTHER RESOLVED, that the Mayor of the City of Tybee Island is hereby fully authorized to execute the Agreement attached hereto as Exhibit "A" (and as many originals thereof as may be required by DNR) on behalf of the City of Tybee Island, and to bind it to the terms and conditions set forth therein. BE IT FURTHER RESOLVED, that the Mayor of the City of Tybee Island and/or Tom Cannon, City Manager, is hereby authorized to take any and all other action, without further approval or action of this governmental body, which may be necessary or appropriate in order to fully consummate and carry out the intent of the Agreement. BE IT FURTHER RESOLVED, that Tom Cannon is authorized to receive on behalf of the City of Tybee Island the sums referenced in the Agreement, and to process, administratively handle and utilize said sums for the purposes, and upon the terms and conditions set forth therein. g:\co mmo n\em h \tybe e\332 \resolution 1 1 BE IT FURTHER RESOLVED, that the Mayor and Council for the City. of Tybee Island hereby ratifies and confirms all that the Mayor and City Manager shall do or cause to be done by virtue of the authority granted herein. This F day of Fes, . 200/1 g:\common\em h\tybe e\332\resol ution Mayor Walter W. Parker Attest: Clerk of Council 10 -1 -1 Uniform Rules of the Road Adopted; Penaltie ORDINANCE NO. 2001-03 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 10 Motor Vehicles and Traffic, Chapter 1 General Traffic Regulations, Section 1 Uniform Rules of the Road Adopted; Penalties , be readopted to read as follows: Section 1. Section 10 -1 -1 is hereby amended to read as follows 10 -1 -1 UNIFORM RULES OF THE ROAD ADOPTED; PENALTIES (a) Pursuant to Chapter 6 of Title 40 of the Official Code of Georgia Annotated, Code Sections 40 -6- 372 through 40 -6 -376, Code Sections 40 -6 -1 through 40 -6 -395 of that chapter known as the "Uniform Rules of the Road" and the definitions contained in Code Section 40 -1 -1 are hereby adopted as and for the traffic regulation of this municipality with like affect as if recited herein and all amendments, whether previously made or now existing, or hereinafter enacted are hereby incorporated herein. (Ord. 1995 -5; 3/9/95)(Ord. 1995 -9; 7/13/95) (Ord. 2001 -03; 2/8/2001) (b)Unless other penalty is expressly provided by law, every person convicted of a violation of any provision of this section shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than twelve (12) months, or by both such fine and imprisonment.(Ord. No. 1 -1983, Secs. 1,2, 1-12-83) 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 Code of Ordinance of the City of Tybee Island, Georgia. Adopted this 8th day of February, 2001 Mayor Walter W. Parker City Clerk 1st Reading: 1/11/2001 2nd Reading: 2/8/2001 Enacted: 2/8/2001 1 Page 1 of 1 1 1 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF TYBEE ISLAND, GEORGIA Ordinance # 2001 -04 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, §2, ¶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 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 S 1 , et seq., which said sections read as follows: 51. 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. S2 - 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 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 (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. §4. Preamble /Findings of Fact The preamble to this ordinance is hereby incorporated into this ordinance as if fully set out herein. §5. 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. Severabi lity 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. S8 - Adoption /Effective Date The adoption date of this ordinance is February 8, , 2000 and it shall become effective on that date. S9 - 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 8th DAY OF February , 2001. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: 1/23/01 SECOND READING: 2/8/01 ENACTED: 2/8/01 g: \common \emh \Tybee \338 \growth.ord 1 1 1 8 -12 -010 GROWTH CONTROL ORDINANCE NO. 2001-04 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 Land Development Code, Article 12 Growth Control Management, Section(s) 1 Moratorium, be added to read as follows: WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, §2, ¶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 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 Page 1 of 4 1 1 1 8 -12 -010 GROWTH CONTROL WHEREAS, the City has adopted Storm Water Management Ordinances and is making efforts to control non -point source pollutants; Section 1. A new Section 8-12 -010 is hereby added to read as follows 8-12 -010 Growth Management 1.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 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 Manager 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 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. 3 - 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 Page 2 of 4 1 1 1 8 -12 -010 GROWTH CONTROL 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) 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; 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. 4. Preamble/Findings of Fact The preamble to this ordinance is hereby incorporated into this ordinance as if fully set out herein. 5. 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 additional stipulations and conditions as will in its judgment thus fulfill the purposes of this ordinance. 6. 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. 7. Repealer All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. 8. Adoption/Effective Date The adoption date of this ordinance is February 8th, 2001 and it shall become effective on that date. 9. Expiration Unless renewed following additional hearings, this ordinance shall expire Ninety -three (93) days from the effective date hereof. It is the intentioon of the governimg body, and it is hereby ordianed, that the provisions of this ordinance shall become and be made a part of the Code of Ordinances, City of Tybee ISland, Georgia, Page 3 of 4 1 1 1 8 -12 -010 GROWTH CONTROL and the sections of this ordinance may be renumbered to accomplish such intention. 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. Mayor Walter W. Parker Jacquelyn R. Brown, Clerk of Council 1st Reading: 1/23/01 2nd Reading: 2/8/01 Enacted: 2/8/01 Page 4 of 4 1 STATE OF GEORGIA COUNTY OF CHATHAM ) AFFIDAVIT PERSONALLY appeared before the undersigned attesting officer, duly authorized to administer oaths, j6.rr4e.�� , 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 c day of P2i9ew44.e7 , 2001. (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 closed portion of the meeting held on the O of , 2001, which was closed for the purpose(s) of 4s tVA -7iO.J 9 Ve,tsm -✓vve/ 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 (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 Sworn to and subsc ibed before me this r day of �, 2001. blic g: \common \emh \14536\affiday.01 C 14. 2001. Mayor /Presiding Offic r 1 "I do solemnly affirm that I will faithfully and impartially perform the duties of a Planning Commission member for the City of Tybee Island and that I will support and defend the Charter of said city, the Code of Ordinances, the by -laws created by the Planning Commission, as well as the Constitution and laws of the State of Georgia and of the United States of America." Term expires January 31, 2002 Bernard Goode Term expires January 31, 2003 Whitley Reynolds Debbie Barreiro Julian Page Paul Wolff Rachel Perkins This 13th Day of February, 2001 Mayor Walter W. Parker