Loading...
HomeMy Public PortalAbout20020314CCMeeting1 1 1 @ @ITEM 2002 -03 -14 City Council Minutes Mayor ProTem Walter Crawford called the regular March 14, 2002 Council to meeting to order at 7:10 P.M. with the following members of Council present: James Burke, Jack Youmans, Whitley Reynolds, Jason Buelterman and Richard Barrow. Interim City Manager Jimmy Brown and City Attorney Edward Hughes were present. Father John Fitzpatrick gave the invocation, which was followed by the Pledge of Allegiance. Kathryn Williams made two announcements: Earth Day Beach Sweep, April 13th, 10 A.M., at the Pavilion and the Marine Science Center 1st Auction on April 20th at City Hall. Jim Kluttz asked if now was the time to address the Lighthouse issue. Crawford answered that any discussion on the Lighthouse will be tabled until after a meeting with GSA. Pat Locklear said that he was glad to hear that but he wanted to address the widening of Highway 80. Locklear requested that Council leave out the number of lanes in the resolution. Crawford read the Proclamation for Scottish Heritage week and one to honor Iva Hunter Edmonds on her 90th birthday on March 26, 2002. Council also accepted proclamation for All Georgia Reads Month, Mule Deer Awareness Day — March 16 and the Eighth Infantry Final reunion held on March 9, 2002. Pro Tem Crawford opened, asked for comments and closed the following public hearing according to the law. Mr. Allen Ratner presented Council with his request for a setback variance on Butler side of his property located at 12 Ninth Street, PIN 4- 6 -3 -15, in order to place a set of stairs. Ratner said that he did a survey of 200 feet and all other houses are closer than he proposes and trees will cover the stairs from the public view. Community Development Director Elizabeth Hodges said this is the second time for a variance request and that the Planning Commission and the City staff both recommends denial. It was noted that the stairs should have been included in the original design; the variance would be 8 feet into the 20 -foot setback. Charlie Goode presented Council with a petition from Susan Invenianato for a variance for extension of non - conforming structure at 33 9th Street, PIN 4- 5 -24 -6. The existing house sits nearly on the lot line on the south side and there is a patio on the west side. Hodges said the Planning Commission and the staff recommends approval. Arthur Handy requested a variance for an extension of a non - conforming structure located at 603 15th Street, PIN 4- 10 -2 -9. Handy said he would extend the wall 4 inches into the setback and that this house was built in 1950. They will add a seconded story and enclose a porch. Hodges said Handy is correct, this will be a mother -in -law living area and will not be rented to the public. Shirley Sessions presented Council with a petition for special review for a bed and breakfast at 1206 Venetian Drive, PIN 4- 11 -1 -16. Sessions said it will be only one bedroom and that she meets all the parking requirements. Hodges said the Planning Commission and the staff recommend approval. The next door resident said no parking 1 1 1 on her property and no noise. Pat Locklear and Kathryn Williams both spoke in favor of theB &B. Gary sander presented Council with a Site Plan Review for a 6 unit multi - family structure on lots 6 & 7 T.S. Chu Terrace, PIN 4- 9 -3 -11. Sanders said that the structure falls within The City of Tybee Island's codes and guidelines, the drainage plan has been approved also. Hodges said there are 2 #11 `s on Chu Terrace and this will be on the north side where an existing home was demolished. Hodges said this meets all codes. Sanders told Council that the home was relocated not demolished. Carrie and Scott Efird requested a front yard setback variance from Council for 1312 2nd Avenue. Hodges said that an oak tree is growing in the footprint of the proposed structure. The oak tree is old. Hodges said that the Planning Commission and the staff recommend denial. Mr. Van Winkle, Amy Gaster and Joe Cramer have no objection to the variance. City Attorney Hughes explained the proposed zoning text amendment to section 5 -090 Variances stating that this addresses extension for non - conforming use of a structure. Hughes said it would give staff authority to approve if the addition or renovation did not encroach further into the setbacks. Burke asked if corrections could be made tonight? Hughes answered depends on what it is. Crawford said a one -word correction, no impact on historic district. Hughes said that Hodges requested because historic is defined in the Tybee codes and deserves a greater level of consideration than the staff; it helps to define the characteristics of the island. Crawford asked about unique instead of historic. Hughes said the word unique is subjective and historic is there to protect the staff with the option of forwarding to Council if it is a close call, the goal of this amendment is to eliminate the public hearings on these variances. Youmans said that Council nor staff should tell people that to do with their houses as long as in compliance with ordinances. Buelterman said to leave as is and if there is problems then look at it again. Hodges explained the proposed zoning text amendment for section 3 -090 Schedule of Development — setbacks stating that this concerns the front yard setback as it could be a hardship, especially if on a corner lot. Hodges said that we don't want to look like the cutting edge of a saw because it could cause safety issues. Hodges told Council that commercial would not be included in the average and that this would benefit the community as a whole. Youmans said he has no problem but that this should cover all zoning districts. Hodges presented zoning text amendments on sections 2 -010 B and 3 -151 Fences and also an amendment to Section 5 -2 -21 Public Works Definitions. What is a fence? The code and the dictionary are different. Types of material need to be spelled out. Mayor Pro Tem Crawford called for a recess until 8:25 P.M. Crawford opened the meeting for business legally presented. Burke moved to add 3 people to the signature list for State Revolving Fund for withdrawal purposes. Walter Crawford, Jack Youmans and Jimmy Brown. Barrow seconded. Vote by Council was unanimous Burke moved to adopt the consent agenda which contain the minutes from the February 1 1th and 14th meetings and the Alcohol Beverage License renewals fro Foster's /Outback Cafe 725 1St Street for Arnie Seyden and Skippers at the Beach 1508 1 1 1 Butler in the name of Charles Vonashek. Reynolds seconded. Vote by Council was unanimous. Burke moved to approve the variance request from Ratner. Barrow seconded. Vote by Council was unanimous. Burke moved to approve the variance request from Efird for removing oak tree, replacing with 2 (up to 4 inches) live oaks, if available, to waive fee, and to allow 3 foot intrusion into side setback. Reynolds seconded. Vote by Council was unanimous. Reynolds moved to approve the variance for Invenianato. Burke seconded. Vote by Council was unanimous. Burke moved to approve the variance for Handy. Buelterman seconded. Vote by Council was 5 in favor (Burke, Youmans, Crawford, Buelterman and Barrow); Reynolds abstained. Youmans moved to approve the Special Review for a B & B for Sessions. Reynolds seconded. Vote by council was unanimous. Burke moved to accept the Site Plan Review from Diversified Construction for a 6 unit multi - family structure. Youmans seconded. Vote by Council was unanimous. Buelterman moved to approve LDC zoning amendment to Section 5 -090 Variances on its first reading. Burke seconded for discussion. Vote by Council was tied 3 to 3. Voting in favor were Reynolds, Buelterman and Barrow. Voting in opposition were Burke, Youmans and Crawford. Hughes said that no action was taken there will be no need to advertise for another hearing. Reynolds moved to approve LDC Section 3 -090 Schedule of Development Setbacks # 2 on its first reading. Burke seconded. Youmans moved to amend by deleting last two sentences in # 2. Reynolds accepted amendment. Vote by Council was unanimous. Hughes informed Council that corner lot is still in ordinances in another section and will need another zoning text amendment, until that happens, if this passes on second reading in April, the average applies. Burke moved to adopt LDC Section 2 -010 (B) and Section 3 -151 Fences and Section 5 -2 -21 Public Works Definitions on first reading. Buelterman seconded. Youmans stated that he agrees with the majority of the proposed ordinances, a 4 foot fence will not keep a dog in the yard. Vote by Council was unanimous. Burke moved to table any action on the resolution for the Lighthouse until a meeting is held with GSA. Youmans seconded. Vote by Council was unanimous. Buelterman moved to approve the parade permit for the Beach Bums. Youmans seconded. Jiggs Watson said that the parade would be May 24 at 6:30 P.M. forming at North Beach. Vote by Council was unanimous. Burke moved to appoint Jason Buelterman to the Green space committee. Barrow seconded. Vote by council was unanimous. Reynolds moved to approve the alcohol beverage license for Cafe Del Mar, 15 Tybrisa for Amparo Seab Esco. Youmans seconded. Vote by Council was unanimous. Youmans moved to adopt Section 3 -2 -20 A through 3 -2 -45 Hotel Motel Tax on its first reading. Burke seconded. Hughes explained this will bring Tybee into compliance with the state laws. Vote by Council was unanimous. Buelterman moved to approve the renewal of the alcohol beverage for Huc -A- Poo's. Youmans seconded. Hughes said Council is hearing this because of the noise issue and that an agreement needs to be reached. Eric Thomas said last year they got to 1 1 1 loud but that there is only one person on a guitar on Friday and Saturday nights and there has been no complaints this year. Vote by Council was unanimous. On a motion by Youmans and a second by Burke Council voted unanimously to adopt the resolution supporting the widening of the Tybee Road U.S. 80. Burke moved to get the staff to begin an inventory of vacant land under a recommendation from Reynolds. Reynolds stated that this was done before for another reason, he will support selling small un buildable portions of land owned by the City in order to purchase larger lots under the Green space resolution. Barrow seconded. Vote by Council was unanimous. Reynolds said that he would like to see a meeting set up with the business owners at the south end of the island to look at the future needs on parking. Burke moved to approve the meeting, Buelterman seconded. Vote by Council was unanimous. Interim City Manager Brown to set up this meeting ASAP. Reynolds moved that the Planning Commission examine the tree ordinance and get a proposal for base in point system for Council to consider. Burke seconded. Vote by Council was unanimous. Reynolds said a lot of his questions for the agenda tonight on drainage were answered by Bill Lovett at the pre meeting, also he did not know we had a plan. Reynolds said the dead end streets toward the ocean need relief. Youmans said he thinks we have done some of that before with a study. Burke told Council that 10th Street and the 14th and 15th Street parking areas only flood when we have a hard rain. Youmans said that when anything comes in from surveys requested by the City that they should be addressed to the Clerk of Council. Crawford said the Interim City Manager is on top of that. Council agreed that a line item for beach renourishment is needed for the 2003 budget. Reynolds said maybe a base line survey is needed so that Tybee will know when the renourishment is needed for the beach. Youmans answered that he is under the impression that Olsen & Associates monitor the beach and that we used to have a line item with funds available. Buelterman told Council he had met with Berta Adams and she mentioned setting aside money in case it was needed. Locklear said in 95 -96 there was $50,000 in a budget line item, not in general, SPLOST and if we put money into a line item it will show we are trying to do something. Reynolds moved that a study be completed on the length of time it takes for a citizen to get on the Council agenda for zoning matters. Burke seconded. Reynolds said it takes about 12 weeks average now and we need to shorten this period. Burke seconded. Youmans agreed that it needs to be changed. Hughes told Council that Hodges was working on this ordinance. The law only requires a public hearing to be advertised 15 day prior to Council meeting. This will involved 4 or 5 ordinances. Barrow said we need to look at the process that maybe the applicant does not understand and we can do more hands on with the applicant. Buelterman moved to ask the Recreation Department to have a priority list for updating facilities with the cost and present this at the April meeting. Reynolds seconded. Vote by Council was unanimous. Buelterman moved to have City Manager have the staff devise a revised schedule for tap in fees that would be compared with other municipalities. Burke seconded. Vote by Council was unanimous. 1 1 1 Hughes said he is requesting that Council grant 2 revocable licenses for the west end of 10th Street. A revocable license gives no property rights to a particular area and that is a good way to solve the problem. Youmans moved to grant. Burke seconded. Vote by Council was unanimous. Interim City Manager Brown told Council that they have received the information requested form the department heads on the budget cuts. Youmans said Council needs time to look over information. Crawford said Council accepts information for study. Interim City Manager Brown asked Council for a budget adjustment in order to purchase a software program for building projects. Youmans moved to take $3,000 from contingencies and place in a line item for the purchase of the program. Buelterman seconded. Brown said that Incode is coming March 25th to teach updates on other programs. Vote by Council was unanimous. Brown said he needed clarification for the expenditures for the senior citizens /gym complex grant. Barrow moved to take the $2,000 for Waggoner from the general fund. Crawford seconded. And Youmans moved to expense $3,500 from the GYM fund for the architectural study. Buelterman seconded. Vote on both the motions were unanimous. Youmans moved a policy is needed if anytime we do contract labor it should be approved by Council. Barrow seconded. Vote by Council was unanimous. Buelterman announced a Youth meeting to be held on March 28th at the Teen Center at 6 P.M. Barrow said that Burke Day needs some type of recognition for all the hard work on the Beach Bill 1021. Freda Rutherford said that the Beach Task Force is working on this issue. Youmans moved to go into executive session to discuss personnel and litigation. Burke seconded. A unanimous vote was taken by Council. The regular meeting was reconvened and Mayor Pro Tem Crawford moved for adjournment, as there was no further business to come before Council. Clerk of Council Mayor Walter W. Parker 1 1 PROCLAMATION Whereas: Scottish Heritage is important to each and everyone who has Scottish ancestors; and Whereas: April 6th begins the celebration with "National Tartan Day" to recognize the the outstanding achievements and contributions made by the Scottish Americans; and Whereas: This proclamation honors the major role the Scottish American played in helping to establish the founding of this great nation, half of the signers of the Declaration of Independence were of Scottish decent; nine of the thirteen colonies had governors of Scottish ancestry. Whereas: the Scottish Americans have made contributions in the fields such as, media, literature, medicine and government. NOW THERERFORE, I, Walter W. Parker, Mayor of the City of Tybee, Georgia, do hereby Proclaim the week of May 5th through 1 lth as "Scottish Heritage Week" in recognition of their major achievements. Adopted this 14th day of March, 2002. Walter W. Parker, Mayor R. own, Clerk of Council 1 1 1 PROCLAMATION WHEREAS Iva Hunter was born ninety glorious years ago on March 26, 1912 and WHEREAS She became Mrs. Roy Edmonds in 1936 and was his partner and sweetheart for 49 years until his death in 1985 and WHEREAS Miss Iva and Roy survived the St. Patrick's Day flood of 1936 sailing through the 46 feet of water dumped on Pittsburgh, Pennsylvania, and WHEREAS Miss Iva's foot first touched the soil of Tybee Island 47 years ago in 1955 and WHEREAS Having spent 57 years in snow and ice and long winters, Miss Iva decided to join her mother and two sisters in the Paradise known as Tybee Island in 1987 and WHEREAS Miss Iva's many friends celebrate each of the 15 years that they have shared with her and WHEREAS Miss Iva has achieved GOLD in the Senior Olympics in billiards, group line dancing and walking and WHEREAS Miss Iva has her own stool at the Beachside Grill Bar where she laughs and tells stories and enjoys her friends and WHEREAS Miss Iva has held sway as the Queen of the Beach Bums Parade and WHEREAS Miss Iva has never succumbed to the tyranny of the automobile, but remains fiercely independent and strong and WI i1REAS We all want Miss Iva to know that we love her and celebrate with her the 90 splendid years of her life and wish her 90 more, now therefore I proclaim March 26, 2002, as MISS IVA DAY. May she enjoy all the - rights and . r'vileges thereof and let the party begin! 'Walter W. Parker, Mayor to yn is rown, Clergy of Council 1 1 1 PROCLAMATION Whereas: The City of Tybee Island appreciates the honor of having one of the finest Libraries in Chatham County, and Whereas: The City of Tybee Island donated the land upon which the Library is built; and Whereas: The City of Tybee Island supports any effort that promotes all ages take the time to read a book, visit the library; and Whereas: The CEL Regional Library in conjunction with the Georgia Center for the Book has announced the Top 25 Books Every Georgian Should Read; and Whereas: All the books listed are set in the Sate of Georgia or even written by a Georgia native. NOW THERERFORE, I, Walter W. Parker, Mayor of the City of Island in open meeting assembled do hereby proclaim the month of March as "ALL GEORGIA READS MONTH" And encourages all citizens young and old to visit our library and enjoy a good book and nice company. Adopted this 14th day of March 2002. Walter W. Parker, Mayor Jacquelyn R. Brown, Clerk of Council 1 1 1 PROCLAMATION WHEREAS: Mule Deer are the only big game species in North America whose numbers continue to decline; WHEREAS: The Mule Deer's mysterious attraction was so hypnotic to President Theodore Roosevelt that he ordered the herd on Arizona's Kaibab Plateau to be "protected "; WHEREAS: The Mule Deer's grace and grandeur, once readily enjoyed throughout much of the United States, is gradually becoming a rarity, despite the fact that wildlife enthusiasts everywhere deserve the opportunity to witness, first hand, this monarch of the West at least once; WHEREAS: The first step in reversing this disturbing trend is to heighten public awareness of this species' plight; NOW, THEREFORE: I proclaim March 16th, 2002, as Mule Deer Awareness Day in the City of Tybee Island. Ili 14 alter W. Parker, Mayor , Clerk of Council t4 02) D te 1 PROCLAMATION Whereas: The Eighth Infantry embodies one of the proudest traditions of Tybee Island; and Whereas: The Eighth Infantry is holding its 34th annual and final reunion here on Tybee on the 9th of March, 2002; and Whereas: The Eighth infantry is an historic fighting unit of the United States Army, will hold their reunion in the historic old gym, known as Tomachichi Hall, now the American Legion Post 154 on Veterans Drive; and Whereas: Fort Screven on Tybee Island was the home of the Eighth Infantry from 1923 when they returned home from serving in the Army of Occupation in Germany in the First World War until they were transferred to Fort Benning, Georgia; and Whereas: The City of Tybee Island is proud of Fort Screven, its place in the National Registry of Historic Places and its connection with the Eighth Infantry; NOW THEREFORE, Be it Resolved, and it is hereby resolved by the Mayor and Council in Open Meeting Assembled that the City of Tybee Island, Georgia, does hereby declare March 9th, 2002 to be "Eighth Infantry Day" And it is further resolved that the citizens of Tybee Island are heartily encouraged to extend to the Eighth Infantry Reunion every possible dignity, courtesy and welcome, as befits their proud heritage and purpose. Ado • ted this 14th of March 2002. Walter W. Parker, Mayor rown, Clerk of Council 1 1 1 STATE OF GEORGIA COUNTY OF CHATHAM RESOLUTION WHEREAS, the City of Tybee Island is a duly incorporated municipality in the state of Georgia being vested with all powers possible for a city to have under the present or future constitution and laws of the state of Georgia; and WHEREAS, the City of Tybee Island is an island community separated from the mainland by large areas of marsh, creeks and rivers; and WHEREAS, a significant portion of the roadways connecting the City with the mainland is in need of expansion in the interest of public safety for traveling purposes as well as hurricane evacuation; and WHEREAS, the Department of Transportation is currently assessing the possibilities of widening the connection to the City from the mainland between Bull River and Lazaretto Creek. NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the City of Tybee Island duly assembled that the City of Tybee Island hereby expresses its complete support and endorsement of the efforts to widen Highway 80 between Bull River to. Lazaretto Creek and states that such widening is necessary and appropriate in the interest of public safety for traveling purposes as well as for evacuations for natural disasters such as hurricanes. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to such officials and agencies as deemed appropriate by administrative officers and /or elected officials of the City. 1 1 ADOPTED this i day of %H o V CJ , 2002. Attest: Clerk of Council EMH\TYBEE\405. RESOLUTION Mayor 1 1 STATE OF GEORGIA COUNTY OF CHATHAM AFFIDAVIT PERSONALLY appeared before the undersigned attesting officer, duly authorized to administer oaths, 4/7 t - Ab,).004a% , 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 /'f day of /1ti44€‘., , 2002. (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 (3) 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. The subject matter of the closed meeting or closed portion of the meeting held on the / Cf of __Lek 2002, which was closed for the purpose(s) of to r° cc. so -✓.,9( as allowed by O.C.G.A., Title 50, Chapter 14, was devoted to matters within those exceptions and as provided by law. (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. 1 1 (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 1 `f day of , 2002. Sworn to and subscribed before me this /`f day of 1"y4 ..4 2002. Notary Public g: \common \emh \14536\affiday.02 (),416/c p-ii