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HomeMy Public PortalAbout20010809CCMeeting1 1 @ @ITEM 2001 -08 -09 City Council Minutes Mayor Walter Parker called the August 9, 2001 Council meting to order at 7 P.M. The following members of Council were present: James Burke, Jack Youmans, Shirley Sessions, Anne Monaghan, Pamela O'Brien and Mallory Pearce. City Attorney Edward Hughes and City Manager Tom Cannon were also present for the meeting. June Johnson gave the invocation, which was followed by the Pledge of Allegiance. Major Jimmy Lee Woods was recognized for his 25 years of service by receiving a plaque and a small check. Mayor Parker recognized Chatham County Commissioner Frank Murray. Mayor Parker said that Council was changing the rules in order to have an executive session to discuss personnel. Sessions motioned, Monaghan seconded, unanimous vote by Council. The regular Council meeting was reconvened. Mayor Parker announced that Mayor Pro tem Monaghan will be the official timekeeper and that visitors will have up to 3 minutes. Ms. Cindy Meyers requested city assistance for "Just the Ticket for Tybee" event to be held on September 16th at the Old Post Theater. Ms. Helen Stone addressed Council on her concerns about the south tip erosion problem. Dick Smith informed Council that the land that they authorized Hughes to get surveyed over by Captain's Row belongs to someone and he would appreciate it if Council left this issue alone. Cannon said that there were surveyors over in that area gathering data for Eric Olsen. Kathryn Williams announced that the Beach Sweep will be September 15 and will begin at 10 A.M. at the pier. Frank Holland of Captain's Row Subdivision handed the Mayor a petition concerning the removal of sand for the beach renourishment on the North West end of the beach. Mayor Parker passed the petition to Cannon. Ms. May Disher asked Council to make a ruling on her request for a building permit. Hughes said that this is the same issue as Portman on 9th and Butler; other regulations apply to all lots. Sessions said that she understood that we were going fix that and make it clearer to understand. Hughes answered he thought he had seen a draft of the ordinance to the City. Is this a lot a substandard lot of record asked O'Brien? Bargeron answered no, preexisting lot, the building would go into the setback areas. Hughes said that this is not grand fathered. Ms. Disher said she has had no response from Cannon and is being bounced around like a pinball. The Mayor opened, asked for comments and closed the following Public Hearing. Mr. Clarence Crawford and Mr. Michael Roach presented Council with a revised site plan for a 4 unit building at 1710 Butler Avenue — PIN 4 -9 -5 -6 stating that all requirements have been met and approved by the City. Whitely Reynolds told Council that the Planning Commission vote 3 in favor to grant the petition, 1 opposed and 1 abstained. Mr. Chu and Waters presented Council with a site plan for a duplex on Lot 105C 17th Place PIN 4- 9 -4 -11 stating that all regulations and codes have been followed. Chu 1 1 1 explained that his sister and his nephew would live in the duplex. O'Brien mentioned that a couple of questions are blank on the application form. Sessions asked that they coordinate with the neighbors, plan ahead and requested the building department to monitor this project closely during the construction stage. Whitely Reynolds said that the vote by Planning Commission was 4 in favor. Reynolds reminded Council that the City now has an "as built" requirement in the codes. Mr. Tom Beytagh requested a variance for continuance of non - conforming use in order to build a set of stairs to a house at 1806 Chatham Avenue PIN 4- 9 -8 -11. Beytagh said the stairs would not be in the setback area. Henry Levy said the Planning Commission voted 6 to 1 in favor of the variance. City Attorney Hughes explained the zoning text amendment Section 8 -4 -050 is to omit single family dwelling from being built in the C -1 district. Shell Solomon, a realtor, voice his concerns about the current property being valued because of the current ordinances and that he has had many calls, the people are scared of what Council are proposing. Attorney Harold Yellin, representing residents in the C -1 district, spoke opposing this change. Ken Wade said this also scared him. Charlie Masterpolis, Curly Freyermuth, Brian Malins, and Bob Edleman spoke against the proposed change. Whitley Reynolds told Council that he did not think anyone in C -1 have asked for this text amendment. Levy said the Planning Commission voted 8 to 0 opposing the text amendment. Mayor Parker opened the meeting for business legally presented. Pearce moved to approve the request from Cindy Meyer about City help for the "Just the Ticket for Tybee" event. Monaghan seconded. Vote by Council was 5 in favor (Burke, Sessions, Monaghan, O'Brien and Pearce); 1 opposed (Youmans). Youmans said that this group is a private organization. Mayor Parker said Tom Cannon will have our consultant and the Beach Task Force look into Ms. Stones' concerns about erosion on the south tip. Youmans moved to approve the site plan for Clarence Crawford at 1710 Butler Avenue. Burke seconded. Vote by Council was 4 in favor (Burke, Youmans, Monaghan and Pearce); 2 opposed (Sessions and O'Brien). Youmans moved to approve the site plan for a duplex from Mr. Chu and Mr. Waters on Lot 105C 17th Place. Burke seconded. Vote by Council was unanimous. Youmans moved to approve the variance from Tom Beytagh for a set of stairs at 1806 Chatham Avenue. Burke seconded. Vote by Council was unanimous. Pearce moved to adopt his version of the C —1 zoning text amendment. O'Brien seconded. After a long discussion Pearce withdrew his motion. Pearce then motioned for the City to schedule a public hearing for the September meeting and inform all the residents of the new proposal for the C -1 district. O'Brien seconded. O'Brien asked that there be a clarification on the meaning of abutting and FEMA. Vote by Council was 4 in favor (Sessions, Monaghan, O'Brien and Pearce); 2 opposed (Burke and Youmans). Hughes stated the Planning Commission need to hear the proposal also. Monaghan moved to adopt the minutes as presented. Pearce seconded. Hughes made corrections along with O'Brien. Vote by Council was unanimous. Monaghan moved to adopt Sections 2 -2 -1 Qualification fro Office; Mayor and 2 -2 -2 Same; Council members on their ft readings. Pearce seconded. Vote by Council was unanimous. 1 Monaghan moved to adopt Section 9 -6 -1 Shark Fishing Prohibited on its first reading. Pearce seconded. After some discussion vote by Council was 4 in favor (Sessions, Monaghan, O'Brien and Pearce); 2 opposed (Burke and Youmans). Hughes will prepare the revised version of the Telecommunication ordinance for first reading at the September meeting. O'Brien moved to adopt a resolution for 4 year staggered terms for Mayor and Council. O'Brien withdrew her motion. Pearce moved to hold 3 public hearings on this issue in September, October and November. Monaghan seconded. Vote by Council was 4 in favor (Sessions, Monaghan, O'Brien and Pearce) 2 opposed (Burke and Youmans). Pearce moved to adopt the Olsen resolution. Monaghan seconded. Vote by Council was 5 in favor (Burke, Sessions, Monaghan, O'Brien and Pearce); 1 opposed (Youmans). Mayor Parker read a letter from Jack Rosenberg commending the Community Development Department for their help. Cannon will work with the police department on the bus and vehicles (big trucks) parking issue. O'Brien said 1. She is pleased to see the beginning of the skate park; 2. Moratorium issue — July 12th growth report from Cannon, staff should go ahead. Cannon said an ordinance will be ready for 1st reading in September based on recommended course of action. Monaghan moved to prohibit use of the trampoline for the rest of the season. O'Brien seconded for discussion. Council and people from the audience discussed the safety issue concerning the trampoline in the ocean at length. Vote by Council was 2 in favor (Monaghan and Pearce); 3 opposed (Youmans, Sessions and O'Brien) 1 abstained. It was agreed upon by Brewer that he will have a lifeguard at the water edge. The rewriting of the beach equipment ordinance will be presented at the January 2002 Council meeting for 1st reading. O'Brien moved to have Canon and Hughes have question ready for the November ballot on a referendum that will quantify any general obligation bond and associated mileage increase for the construction of a gym/pool complex. Sessions seconded. Council vote was 4 in favor (Sessions, Monaghan, O'Brien and Pearce); 2 opposed (Burke and Youmans). Cannon gave Council an update on the 2001 Goals saying that some of the time lines have been changes. Cannon said he has spoken with Mr. Bill Saxman concerning the position of Community Development Director on a part time basis or a consultant. Youmans said that hiring and firing are the City Managers job. Cannon announced that Murray McAfee resigned for personal reasons. Cannon said the employee pension ordinance states that there must be a pension committee made up of 2 employees elected by their peers and 2 appointed by Council. Cannon will get employees together. Youmans said to put the appointments from Council on the September agenda. The item on shifting of funds /audit report will be on the September agenda also said Cannon. Burke asked who is working on the budget. Cannon responded that the department heads and the review process will start next week. Budget workshops between Council and the department heads will be advertised for September 18th and 25th and October 2. 1 1 Pearce moved to adopt Section 10 -1 -4 Uniform Rules of the Road on its second reading. Monaghan seconded. Council took a unanimous vote. Monaghan moved to adopt the ordinance on residential parking on its second reading. Pearce seconded. Council vote was 5 in favor (Burke, Sessions, Monaghan, O'Brien and Pearce); 1 opposed (Youmans). The Official Zoning Map was present in the Council chambers when Pearce moved to adopt the zoning change from R -2 to R -1 in the Eagle Nests subdivision. Monaghan seconded. Vote by Council was unanimous. Under old business O'Brien mention the complaint on IGA, a July 12th e-mail concerning bright lights on Oceanview, July 17th letter from Mrs. Brown and the contract for Bill Farmer. As there was no further business to come before Council the Mayor adjourned the meeting. Mayor Walter W. Parker 1 1 1 TYBEE ISLAND BEACH TASK FORCE Memorandum To: Mayor and Council From: Tybee Island Beach Task Force Re: Recommendation to Adopt Long Range Beach Management Plan Date: July 19, 2001 The Mayor and Council funded Olsen and Associates, Inc. to develop a Long Range Beach Management Plan. In keeping with its mission, the Tybee Island Beach Task Force has reviewed the Plan and we agree with its findings and recommendations. However, in order to make the report more readable, we recommend that it be restructured into sections as follows: • History • Problem Statement • Recommended Solutions = Federal, State, and Local We recommend that the City of Tybee adopt the Plan and implement the recommendations by approving the attached Resolution. Additionally, we recommend that the Mayor and Council charge the Task Force with the development of a strategic plan, based upon the LRBMP, to ensure that the recommendations become reality. We would shape our strategic plan into action items as follows: 1. Federal Issues: • Plan for a continuous seven (7) year cycle by beginning to prepare for the 2006 renourishment. • Continue to work with Congressman Kingston to introduce a modification of the Shore Protection Act to the Water and Energy House Appropriations Subcommittee to include all of Tybee coastline. • Request Congressional assistance to allow for Section 206 authorization. This would give the City (or the State) authority to 1 1 construct the renourishment project independently of the Corps of Engineers and_to receive reimbursement for the federal cost share. Funds available are up to $5,000,000. • Insist that the Corps retract the Section 111 Study and seek guidance as to how to proceed with a technically based, rational and equitable reconnaissance level Section 111 investigation. 2. State Issues: Support the efforts of State Representative Burke Day and the Georgia Shoreline Preservation Coalition to: • Work to establish a non - lapsing source of statewide funding directed solely at beach management. • Pass an amendment to the Georgia Coastal Zone Management Plan to broaden and strengthen the shore protection portions of the regulatory system. Such legislation could mandate the placement of beach quality sand, from the construction and maintenance of the channel, on Tybee beaches at no cost to the local units of government. Such actions have been taken by North Carolina and Florida. • Pending engineering recommendations seek funding to clear the near shore channel. This accretion off the Polk Street point is hindering navigation to Lazaretto Creek, thus harming the shrimping industry. 3. Local Issues: Urge the City to: • Opt to establish a line item in its budget for beach protection and renourishment. • Consider proactive measures regarding future shorefront development, as well as redevelopment after a major storm event, that seek to protect the beach dune system, existing properties and newly proposed construction. In no event should any existing line of construction be allowed to move in a more seaward direction as a direct result of beach restoration, beach disposal or temporal natural accretionary processes. i ESOLUTION EZEAs, the' City of rybse. sta4A.d d 'e 'to-prrotectta .d.prre'}eivve' beacheik, a'Aci. 4E1 EAS, the' Mayor and. C criknotl have, commIA-414-,o-ned. a' Lon' Range/Beady M Pla'w, aid. 14EREAS, the' rybe .I sr a vi d•3each'rat1c' Force/ ha's- rre.vLeiwe ,the' p i a w aund. con ,s, w itv ' a vtd' rear r o-m, a4/td. r--EiE4s, The' 3eath/ ram Force' haw prroposed.the, development m.e,nt o f a. trate ci pLar tc- i rvc ple ne 4tthe. rr to-wk i wthe. L1 3MP, Y14) 7 hE1EFORE 3E Ir RESOLVED 71-64r, The. ee - Island/ Mayor a v<dd, Cowvtc Q adopt-the. Long- ga ' Beach' Mcwtia ?law and. (Urectthe'rybee.Is ta r d.3each. Task/ Force' to- proceed' with itk strrateod i 'pig :Zterr Parker, Mayor d,atte. 1 1 1 PROPOSED 2001 Goals for Tybee Island, GA Timelines for Implementation Goal #1; Operational Accountability & Enforcement This goal consists of three parts, as follows: • Code Enforcement • Refinement of Zoning Procedures • Completed Applications & more effective public hearings. Time line for each part is as follows: Code Enforcement: • By 1 September 2001: Total revision of Chuck's job description. • By 15 September 2001: Plan due from the appropriate department head on their portion of ordinance enforcement. • By 15 September 2001; Inclusion of enforcement activities in monthly activities report to Mayor and Council. Refinement of Zoning Procedures • • By 15 May 2001: Adoption of and communication to all applicants of new policy. This policy will state that no 1 1 land use action will move forward without a completed application and supporting paperwork. Done, • By 15 October 2001: Development of first draft of a simp /e, user - friendly application and standard procedures /process. This draft to the planning commission for their suggested changes and revisions. • By 15 December 2001: New application and SOP in place and being used. Completed Applications & more effective public hearings: • By 15 September 2001: First draft of policy concerning citizen input at hearings sent to Planning Commission for their review and suggestions. • By 15 September2001: First draft of polity to specifically limit public hearings to policy issues sent to Planning Commission for their review and suggestions. • By 15 November 2001: New policies in place. Goal #2; Land Preservation This goal consist of seven parts as follows: • Identifying state revenue sources. • Identifying physical areas to preserve. • Writing of a long -term land preservation plan. • Writing of an eco- tourism plan. • Identify private, corporate, and federal grant opportunities. 1 1 • Prepare an educational and PR plan on the value of land preservation. • Establish trails and corridors linking the existing public green spaces on the island. Timeline for each part is as follows: Identifying State Revenue Sources: • By 1 September 2001: Contact DCA and GMA for a listing of state revenue sources available to municipalities. • By 15 September 2001: Review eligibility requirements. Identifying Physical Areas to Preserve: • By 1 October 2001: Review "green space "maps and identify open spaces adjacent to public lands. • By 15 November 2001: Identify and prepare initial linear park connections between public lands. Writing of a long -term /and preservation plan: • By 1 October 2001: Prepare an outline of what needs to be in such a plan. • By 15 October 2001: Contact MPC and private organizations for their inputs /ideas on a suitable plan. • By 15 October 2001: Put out a call for citizen's volunteers in writing the plan. Prepare a public meetings schedule. • By 15 November 2001: Finish meetings schedule for information gathering. 1 • By 15 January 2002: Finish first draft of plan. Put out for public review. • By 15 March 2002: Finish plans and send to council for approval. Writing of an Ecotourism Plan; • Same timeline as for long -term preservation plan, with only the specific involvement of the Savannah Convention and Visitors Bureau, and the Tybee Tourism Council, as significant differences. Identify private, corporate, and Federal grant opportunities: • By 15 September 2001: Review and identify private, corporate, and governmental grant opportunities. • By 15 October 2001: Communicate with 10 best candidates in each category as to what funding they have available and how well Tybee Island qualifies in a particular category. Prepare an Educational and PR plan on the value of land preservation: • By 15 November 2001: Prepare this plan by eliciting support during the summer public meetings. • By 15 December 2001: Finish first draft and get council input. • By 15 January 2001: Release plan Establish trails and corridors linking the existing public green spaces on the is land: 1 • By 15 March 2002: Same time line as writing of long- term land preservation plan. Goal #3; Establish a 15 -Year Financial Plan; • By 15 September 2001: Query all department heads as to long -term capita/ needs. • By 15 October 2001: Finish first draft of plan and send to council and accounting firm for review. • By 15 December 2001: Publish final plan, starting in 2002, and going to 201Z Goal #4; Conduct an Annual Survey of Residents; • By 15 August 2001: Finish first draft of survey questions and send to council for input and review. • By 15 September 2001: Send out annual survey. • By 15 November 2001: Publish results in The Tybee News. Goal #5; Update the abbreviated version of the Tybee Island Master Plan; • By 15 August 2001: Contact MPC and find out their time line in producing the overall Chatham County master plan. • By 15 March 2002: Same time line as the land preservation goal. Goal #6; Implement Internal Control Audit Recommendations; • By 15 October 2001; Implement all internal control audit recommendations in the Finance Department, • By 15 December 2001: Implement recommendations in all other departments. • By 15 December 2001; Implement all recommendations for 2000 regular audit in all departments, The above time lines were distributed to the department heads with the instructions to determine if they could meet their portion of the timelines in each goal. If they couldn't, then we would adjust when I returned in June. If you have any questions, do not hesitate to contact me. Tom Cannon City Manager 1 1 1 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 OFIIIE 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 day of , 2001 Mayor Walter W. Parker � L C Clerk eading: 2nd Reading: Enacted: Page 1 of 1 1 1 1 ORDINANCE # 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, at Section 10 -1 -26 A, Designation of Decal -Only Spaces, so as to add thereto the following: 10- 1 -26A, Designation of Decal -Only Spaces a. The City Manager or Parking Services Director is authorized to designate certain spaces within the City as is deemed appropriate by the City Manager or Parking Services Director so as to permit parking only by vehicles displaying a Tybee parking decal. Only vehicles displaying the Tybee parking decal may be lawfully parked in such spaces, and signs stating the designation shall be placed appropriately. b. The fine established for parking overtime on a meter shall be applicable to a violation of this section. 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, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. 1 ADOPTED THIS DAY OF , 2001. MAYOR T READING: SECOND READING: ENAC1ED: 1 EMIATYBEE1,3781,AMEND.ORD• 1 1 1 1 ZONING MAP AMENDMENT §13 -005 Zoning Map Amendment IT IS HEREBY ORDAINED by the governing authority of the City of Tybee Island that the Zoning Map is hereby amended so that the following properties are changed from their current zoning of R -2 to a zoning designation of R -1: Lot 1 105 Eagles Nest Dr. 4- 0019 -02 -025 Lot 2 107 Eagles Nest Dr. 4- 0019 -02 -024 Lot 3 109 Eagles Nest Dr. 4- 0019 -02 -023 Lot 4 111 Eagles Nest Dr. 4- 0019 -02 -022 Lot 5 113 Eagles Nest Dr. 4- 0019 -02 -021 Lot 6 115 Eagles Nest Dr. 4- 0019 -02 -020 Lot 7 120 Eagles Nest Dr. 4- 0019 -02 -019 Lot 8 Eagles Nest Dr. 4- 0019 -02 -018 Lot 9 106 Eagles Nest Dr. 4- 0019 -02 -017 Lot 10 112 Eagles Nest Dr. 4- 0019 -02 -015 Lot 11 114 Eagles Nest Dr. 4- 0019 -02 -038 Lot 12 Eagles Nest Dr. 4- 0019 -02 -037 Lot 13 117 Eagles Nest Dr. 4- 0019 -02 -027 PHASE IV Lot 1 Eagles Nest Dr. 4- 0019 -02 -039 Lot 2 Eagles Nest Dr. 4- 0019 -02 -040 Lot 3 Eagles Nest Dr. 4- 0019 -02 -041 Lot 4 Eagles Nest Dr. 4- 0019 -02 -042 Lot 5 127 Eagles Nest Dr. 4- 0019 -02 -043 Lot 6 Eagles Nest Dr. 4- 0019 -02 -044 Lot 7 123 Eagles Nest Dr. 4- 0019 -02 -045 Lot 8 Eagles Nest Dr. 4- 0019 -02 -046 Lot 9 130 Eagles Nest Dr. 4- 0019 -02 -047 Lot 10 Eagles Nest Dr. 4- 0019 -02 -048 Lot 11 124 Eagles Nest Dr. 4- 0019 -02 -049 Lot 12 Eagles Nest Dr. 4- 0019 -02 -050 Lot 13 Eagles Nest Dr. 4- 0019 -02 -051 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 Zoning Map, City of g\ common \em1A14536\ot�nan \00\zonmap 1 1 Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. The zoning map is to be marked so as to reflect this change. ADOPTED THIS DAY OF , 2000. MAYOR ATTEST: CLE T READING: SECOND READING: ENAC I'ED: TYBEE ISLAND ZONING MAP 11 MAP OFFICIALLY ADOPTED! DATE APRIL 22. 1220 MAP READOPTED (MTN AMENDMENT& DAT& DECEMBER ID. 1020 METROPOLITAN FLAMING COMMISSION IMO RATS ST. MIAMI" EA 111411.41111 IMMIX W1245144413 1.11•1100' "IN Ir1=16111113M1711111.7=CMPIRIMIKIU101411=t