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HomeMy Public PortalAbout20020711CCMeeting@ @ITEM 2002 -07 -11 City Council Minutes Mayor Walter Parker called the July 11, 2002 Council meeting to order. The following members of Council were present: James Burke, Jack Youmans, Whitley Reynolds, Walter Crawford, Jason Buelterman and Richard Barrow. City Manager Bob Thomson and City Attorney Edward Hughes were present. Father John Fitzpatrick gave the invocation. The Pledge of Allegiance was recited. James Carter requested Council to consider selling him a portion of Hodges Street. Jim Grady helped explained the request. Jack Knauz stated that he was the adjoining property owner and that he opposes any sale of Hodges Street. Kathryn William from the Marine Science Center introduced Kim Harris an attorney who is helping the MSC with the proposed lease between the City and MSC. Williams said that they need a lease to have security because as it stands a 60 -day notice is all that is in the lease now. Burke asked where would the new facility be located. Williams said that the present building would be demolished and the new MSC built in its place. Parker said it couldn't be done. Williams said that they have been in touch with the Federal and as long as they rebuild with public restrooms it would be all right. Parker said the last information from the Department of the Interior stated there would be problems. Harris said that she has all correspondence. Rick Hurst said that he is appearing again because he has not heard back on his request from Council from the May 9th meeting where he requested 3 things. 1. Immediate steps for new language prohibiting any work by elected officials or employees. 2. Inquiring into the contract for the past 10 years. 3. Competitive bids for work to be done for the City. Barrow said he agrees with Hurst. Parker said that the City had the City Attorney look into and does not know where it got sidetracked but the City does have items in place that would cover the ethics issue. Crawford said that Parker was out of town for that meeting and that he feels somewhat responsible and that Council asked the City Attorney to contact the State Attorney General for an opinion. Crawford said he has withdrawn his name for doing any work for the City of Tybee. Barrow said according to state law and city codes that we are in compliance. In answer to the back up contracts for the past 10 years that was requested from the City we just do not have the staff to produce. Barrow told Hurst that Council adopted a purchasing policy. Parker asked Hurst what wording would he like to see incorporated into the code of ethics. Hurst said "no city official or employee to be allowed to do any work at all for the City ". Hurst said he knows this is a small town. Youmans said that he would not object to the City asking for bids on any work that he does for the City. Barrow read the minutes form the meeting in question and Buelterman said it is now in the City Manager basket. Hurst said Jonathan Brown witnessed city employees using city equipment after hours on another city employees' property. Parker answered that this has been addressed to the individuals. Brown said something in writing from his complaint would be nice. Crawford asked who was addressed? Hurst said the employees. Crawford asked that this issue be properly addressed in writing. Photos were shared. Burke moved to adopt the consent agenda: Toy for Tots Special Event; minutes for June 13, 20 and 27, 2002; Alcohol Beverage renewal for Rascals; Section 10 -1 -1 1 1 Uniform Rules of the Road: change order to Smith Heat and Air for the Teen Center on Cedarwood. Crawford seconded. Vote by Council was unanimous. Youmans asked that the City Manager look into a more efficient way of handling the renewal for business licenses. Buelterman said that Hughes will come up with a lease for the MSC. Burke asked why the MSC and the 4 -H could not be combined. Burke said that the City has spent thousands of dollars to repair and upgrade the present facility and now MSC wants to demolish it. Parker said an extended lease is needed in order for the MSC to get grants, as far as tearing down the building that is a separate issue. Youmans also stated that the City has paid out between 50 to 60 thousand dollars in the past two years on the building. Parker asked that we look as far as the lease goes and review the papers. Buelterman asked that this be in the August agenda. Williams said that the 4 -H does not serve the general population. Mayor Parker opened, asked for comments and closed the following public hearing according to the laws of Georgia and the codes of Tybee Island. Dick Smith, Chair of the Planning Commission, presented a minor subdivision for Meyer at 1210 Venetian Drive PIN 4- 11 -1 -3. Smith said the 2 lots would be in excess of 4,500 square feet; the district is R -2 and the Planning Commission vote unanimously in favor. A lady from the audience asked if this would lower the value of her property, the lots in that area rear 50 feet by 100 feet and that people are not allowed to park across the street anymore. Parker said that any construction would have to meet all city codes. Shirley Sessions said that the plans look great and she has no objections. Smith presented a petition for demolition of an existing structure and a variance for rebuilding in the footprints for Knipe at 104 B Butler Avenue. Smith said the Planning Commission voted 5 to3 in favor of granting the variance contingent upon approval from DNR for 3 foot out of footprint. Parker said a letter from DNR must stay in footprint. Burke said that it is not normal to be able to rebuild on a substandard lot if you tear down the existing structure. Hughes told Council that the codes do not address demolition of a non - conforming structure. Mac Kitchens, agent for the Knipes, said they have addressed all the concerns from the Planning Commission. Kitchens told Council that Jennie Butler from DNR does not think it is a huge problem. Parker asked if they would be right on the line. Kitchens answered yes, that they are trying to get something that would work for everybody. The structure will meet FEMA regulations. The present house is 900 square feet; new structure will be 2 stories with parking underneath. Tom Miller, DNR, is to mark the line, send the information to DNR in Brunswick, the NE comer will be checked. Parker said that at that time the DNR will then issue a permit. Kitchens answered yes. Burke asked when the Knipes purchased the property. Knipe answered in February of 1988. Buelterman said he understood that this was before the Planning Commission twice, it was tabled first and then approved contingent upon DNR and they said no. Crawford told Kitchens that he just received this information, but has visited the site; other properties are sitting further back. Kitchens said the DNR needed the line from Tom Miller. Crawford stated that this would be a special status, he is looking at survey and reading the letter from DNR and it appears to him that the structure would be closer to the ocean. Kitchens answered there was a shed on the west side that was done away with and that the structure would be moved to the south, not east or west. Crawford asked how far in front will their house be? Parker said he understands that it 1 1 1 will setback more from the water. Kitchens answered yes, there would be more space around the house. Chuck Bargeron said that the DNR will not hear until they get a letter from City of Tybee stating that all ordinances and codes would be adhered to, it is the same footprint but moved over 3 feet. Crawford said the letter from DNR states exemption, he is a property rights advocate, this will not set a precedent, DNR will not hear until Council approves. Burke said this structure sits in front. Dean Neville handed out a packet showing this is rental property and is rented through October. They say bad condition and the realtors state excellent condition. Planning Commission vote against 2 times and then approved with contingencies, the easement belongs to the City of Tybee and if structure were moved it would destroy beach access. It would be a fire hazard. The appraiser said that this would decrease my property value by 30 %. Neville said that Susan Shipman, DNR, is a good friend of his and she sent Ms. Butler, the photos and footprint is documented, and if they go out of the footprint it will go back to DNR and take 6 to 9 month. Tom Ellis said he is concerned about beach access and opposed the variance, as it would block his view. Kitchens told Council that they were going to move the house because we thought that is what everybody wanted, these people have a right to use their property, this is a non - conforming structure, the lot is small and it is a hardship. Smith presented the petition from Gordon for a variance /Special review for mixed use in commercial zone. The property is located at 10 Jones Avenue PIN 4- 3 -15 -7. Smith explained that there is a business on the ground floor and 3 residential units on the second floor. Planning Commission moved to approve contingent that they come into compliance with the codes. Smith explained the variance request for G S Vision, LLC at Byers /Solomon/Bay PIN 4- 22 -2 -1 on Lot 5. Planning Commission voted 7 to 1 in favor for granting the variance contingent upon moving the existing duplex to Lot 4. Gary Renefore said that this will be a real nice subdivision with historical homes. The duplex is now sitting on both lots, the neighbors are agreeable to move the duplex to Lot 10. Crawford asked if it was out of PUD? Renefore said he is keeping the lots the same and he also owns another 10 feet of Solomon Avenue. The duplex will be facing Solomon. Hughes said it was a PUD at one time in R -1 Zone and now with one owner Lots 1,2, & 3 would be recombined according to code. Smith told Council that back in 79 or 80 that Frank Hernandez and a friend had the property rezoned to PUD. Youmans said it has never been changed from that back to R -1. Bargeron said on the map it shows as R -1. Youmans said Fleetwood had a PUD and came before Council to have it changed. Hughes asked if it was all in one ownership then. Smith answered yes. Hughes said automatic recombining of substandard lots of record. Smith said that the zoning was not addressed at the Planning Commission. Hughes asked if it is all under one PIN #? Smith answered yes, but shows as individual substandard lots of record. Hughes said the 3 lots on Bay contiguous frontage, 2 on Solomon, so 5 lots into 3 lots. Renefore — Realtor's individual PIN #'s. Hughes — tax office will put whatever you want. Youmans — R -1 12,000 square feet. Hughes — different owners then 5 lots; one owner would be 3 lots under ordinances. Parker - will research the PUD issue. Crawford — PUD failed, owners almost lost property, small scandal on Tybee, and there are 5 lots of record. Hughes said that the only thing before Council tonight is the request for a 2 -foot variance. Youmans said that if R -1 he might not need 2 foot variance. Hughes said go ahead and request it, if approved they don't have to act on it. 1 1 1 Smith presented the Site Plan Review for a 14 -unit condo for Beaty Construction at 102 17th Street PIN 4- 8 -18 -2. Planning Commission approved contingent upon drainage plan being approved by the city engineers. Bargeron said that he drainage plans have been approved. Mitzi Bernstein asked what street would the condos face. Smith answered Butler. Bernstein questioned the parking and the setbacks. Smith answered that they have all been addressed and are according to the LDC. Crawford asked about zoning. Bargeron said it is C -1. After a short break Mayor Parker opened the meeting for business legally presented. After a discussion Council agreed to hold a workshop with the public and the Planning Commission on July 22nd to discuss the proposed zoning changing. Barrow left the meeting in order to attend a meeting at his church. Youmans moved to approve the minor subdivision for Meyer at 1210 Venetian Drive. Crawford seconded. Vote by Council was 4 in favor (Burke, Youmans, Crawford and Buelterman); 1 abstained (Reynolds). Burke moved to deny the variance request from Knipe at 104 A Butler Avenue. Crawford seconded. Youmans said the Planning Commission approved. Before DNR will hear it must be approved by Council. Vote by Council was 4 in favor (Burke, Youmans, Crawford and Buelterman); 1 abstained (Reynolds). Crawford moved to approve the variance and special review for mixed use in commercial zone request for Gordon at 10 Jones Avenue. Burke seconded. Vote by Council was 4 in favor (Burke, Youmans, Crawford and Buelterman); 1 abstained (Reynolds). Burke moved to approve a 2 -foot variance request for G S Vision, LLC on Byers Street. Buelterman seconded. Youmans asked what was the hardship? Vote by Council was 3 in favor (Burke Crawford and Buelterman); 1 opposed (Youmans); 1 abstained (Reynolds). Youmans moved to approve site plan review for a 14 -unit condo for Beaty Construction at 102 17th Street. Burke seconded. Buelterman said zoning allows this and it is in total compliance. Crawford said no variances are being requested. Vote by Council was unanimous. Burke moved to approve the alcohol beverage permit for beer and wine at Crab daddy's in the name of Cathy MacPhearson located at 1311 Butler Avenue. Reynolds seconded. Vote by Council was unanimous. Youmans moved to adopt Section 2 -4 -14 Overtime /Compensatory time off; approval designation concerning deleting the compensatory time accrual for employees on first reading. Crawford seconded. Vote by Council was unanimous. Youmans moved to exclude the planning commission from Section 9 -6 -1 through 4 Conveyance of Property to Abutting Owners. Crawford seconded. Vote by council was 4 in favor (Burke, Youmans, Reynolds and Crawford); 2 opposed (Buelterman and Barrow). Youmans moved to adopt Section 9 -6 -1 through 4 Conveyance of Property to Abutting Owners on first reading without reference to the planning commission being included. Crawford seconded. Vote by council was 5 in favor (Burke, Youmans, Reynolds, Crawford and Barrow); 1 opposed (Buelterman). Parker read a letter commending Janice Elliott for achieving her Level 1 certification in the Finance Officers Association. 1 1 Parker announced that Youmans had been elected President of the GMA 12th District. The Marine Science Center lease will be discussed again at the August meeting. Council approved to request the CORPS to look into an artificial surf break. Buelterman moved and Burke seconded. Vote by council was unanimous. Hughes explained the correspondence from him to Mayor and Council dated June 21, 2002 stating that they need to file a disclosure with the clerk of council stating if they or any family member whose property in the zones that will be discussed. Buelterman said he contacted the tree foundations and they said they would plant oak trees on Tybee free of charge. Thomson addressed Council on the on going projects and would like council to approve a workshop with Hussey, Gay, Bell and DeYoung, the Water Sewer Director and the Public Works Director. This workshop would be scheduled for the last week in July or the first week in August. Council agreed that the sooner the better for the beach project being handled by Olsen & Associates. Youmans moved to adopt a zoning text amendment for the definition of front yard on second reading. Burke seconded. Vote by council was unanimous. Youmans moved to adopt Section 5 -080 with the additional wording on longevity for a site plan on second reading. Crawford seconded. Vote by Council was unanimous. Crawford moved to adopt Section 5- 060 "E" LDC in its second reading. Youmans seconded. Vote by council was 5 in favor (Burke, Youamsn, Reynolds, Crawford and Barrow): 1 opposed (Buelterman). Burke moved to approve Section 6 -1 -10 C Aid to Construction on its second reading. Buelterman seconded. Vote by council was unanimous. Burke brought up the subject of the missing money, lack of missing money stating that Council did not get an adequate answer. Hughes told Council that they had asked for additional information at their meeting. Crawford asked who hired the present auditor? Crawford believes it is a conflict of interest, actions of the former Council, not trying to point a forger but there has been a lot of discussion, the charter states that Council approves the audit firm. Parker said Council approved the audit firm. Youmans said that if anybody thinks the auditors made these errors they are wrong. The auditors found the errors. Parker said Council should not question the ethic of the auditors. Crawford said he asked the auditors if they knew where money was, where or how it was spent. If there is still a question of where the money was spent then the City should take a vote on getting another firm to see about it. Buelterman said that the auditor and staff have been told to investigate and bring information to the August meeting. Crawford said sooner or later an investigation into the $50,000 of tax money and nobody knows where it was spent — it really is $138,000. Barrow said that when he voted to accept the budget adjustments in order to send the 2001 audit to the state with the understanding that a solution to the problem be found, not being swept under the carpet. Youmans said that the auditor should continue until the $50,000 is found. Hughes said the answer could be found in the billing or software conversion. Thomson said that a water customer was billed $26,000 in December of 2000 that the bill was adjusted in the centralized collections but there is no journal entry for the correction to the receivable. The billing 1 1 1 error was not corrected in the system. Crawford said that he has listened to all comments, none of us are accountants, referred to the management letter of June 14, problems are still there, certified public accounting, this is where money, went don't blame the newspaper. Crawford asked about he CAT meeting that was canceled. Parker said the chairman asked that it be changed to sometime in August. Youmans said he understands that the big wheels refused to meet. Mayor Parker adjourned the meeting, as there was no further business to come before Council. Clerk of Council Mayor Walter W. Parker 1 AMENDMENT TO ORDINANCE § An Ordinance to amend the Code of Ordinances for the City of Tybee Island and the Land Development Code to amend the defintion of Front Yard; It is hereby ordained by the governing authority of the City of Tybee Island that the Code of Ordinances, Section 8, Land Development Code "definitions" is hereby amended as follows: The definitional section pertaining to "front yard" shall be amended so as to delete therefrom the phrase: Through lots and corner lots must meet front yard requirements where the lot abuts a street - and - So thereafter, the section shall read as follows: a. Front Yard: A yard across the full width of the lot extending from the front line of the lot. ADOPTED THIS DAY OF , 2002. MAYOR Al EST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: G:\ COMMON \EM11\14536\ORDINAN\o2\AMEND - CD.ORD 1 5 -080 C Site Plan Longevity ORDINANCE NO 2002 -15 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 5 Procedures for Administration and Enforcement, Section(s) 080 Site Plan Approval, be amended with the addition of Paragraph C Site Plan Longevity to read as follows: Section 1. Section 5 -080 is hereby amended to read as follows 5 -080 SITE PLAN APPROVAL The site plan approval process is intended to provide the general public, Planning Commission, and Mayor and Council with information pertinent to how a new development will affect the surrounding area and the City as a whole. Where no variance is necessary for the intended project, or development, there is no evaluation process or set of regulations other than what is required to be shown on the site plan and listed upon the application. Where no variance is requested, site plan requirements are intended as a tool for public information. Where a variance and /or zoning action is requested in connection with a site plan, the standards applicable to the variance and /or zoning action applied for shall apply. (A) Process. Upon submittal of the site plan, the zoning administrator will review the site plan for noticeable discrepancies and determine if there is a need to apply for other zoning actions. The site plan is then forwarded to the Chatham County Engineer. Once the engineer has submitted comments to the zoning administrator, a public hearing shall be scheduled. The public hearing shall be held regardless of whether the site plan meets the requirements of this ordinance. Until the applicant addresses all of the engineer's comments and the site plan is satisfactory, the Mayor and council will not approve the plan. However, once the first public hearing is held, site plan approval may commence at any scheduled meeting of the Mayor and Council. (B) Other Zoning Actions. Because special review, variances and map amendments require site plans, site plan review may be the first step in the permitting process, however, the site plan should identify any other zoning actions necessary in order for the intended development to be constructed so that a public hearing can be held on all such zoning actions simultaneously with the public hearing on the site plan. Site plan approval should encompass approval of all other zoning actions necessary to accomplish the development, however, if the intended development is to be altered from an approved site plan, additional public hearing and review is necessary if an additional special review, variance or map amendment is necessitated by the proposed alteration. (ORD. 1999 -26; 8/12/99) (+C) Site Plan Longevity. After a site plan has been approved by the Mayor and Council it shall be valid for a period of thirty six (36) months from the date of approval. If a building permit is not issued within said thirty six (36) months, an extension of up to • .141 H.. , - su w t ' < _ ' t _ o het eb * a ae®a In the absence of an extensiu or at the end of amp extension, if a building permit has not Page 1 of 2 been obtained, the x sptittcd .for site pl Ears 5 -080 C Site Plan Longevity plan approval si PPr yaa validr thirty issued d rin , ha application for sib he void. (OM 2 s be void and a ne da app a be onths from the e ectiv date hereof an4 if 10 building 90 larval must be submitted and the poor -15; 7.1 btained, a plat ap: I shaii 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: 2nd Reading: Enacted: 1 Page 2 of 2 1 1 8 -5 -060 Public Hearing ORDINANCE NO. 2002-16 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 5 Procedures for Administration and Enforcement, Section(s) 060 Public Hearing Requirements subsection (E), be deleted in its entirety to read as follows: Section 1. Section 5 -060 is hereby amended to read as follows 5 -060 PUBLIC HEARING REQUIREMENTS Whenever a zoning action or subdivision procedures take place, a hearing must be held before the public. When an applicant requires more than one zoning action or subdivision procedure for a development project, a separate public hearing must be held for each procedure or action. In Tybee Island there are two public hearings held for each zoning action or subdivision procedure. One before the Planning Commission and the other before the Mayor and Council. The Public Hearing before the Mayor and Council is by record the official public hearing. The purpose of each public hearing is to discuss information pertinent to the particular action or procedure. During the hearing the following rules and actions shall be followed: (A) General Rules of Conduct Whenever a public hearing is required by this ordinance or by state law prior to consideration of a zoning action, such public hearing, whether conducted by the Mayor and Council or the Planning Commission, shall be conducted in accordance with the following procedures: (1) The public hearing shall be called to order by the presiding officer. (2) The presiding officer shall explain the procedures to be followed in the conduct of the public hearing. (3) If the subject of the hearing is initiated by an applicant other than the Mayor and Council, the petitioner requesting such zoning decision, or the applicant' s agent, shall be recognized first and shall be permitted to present and explain the request for the zoning decision. Thereafter, all individuals who so desire shall be permitted to speak regarding the zoning decision. (4) If the request is initiated by the Mayor and Council, all members of the Council shall be allowed to speak as they are recognized by the Mayor or presiding officer. Thereafter, all individuals who so desire shall be permitted to speak regarding the zoning decision. (5) When any person wishes to speak at a public hearing, he shall raise his hand and, after being recognized by the presiding officer, shall stand and give his name, address, and make any comment appropriate to the proposed zoning decision. If within two (2) years immediately preceding the filing of the applicant's application for a zoning action, the speaker has made campaign contributions aggregating to more than $250 to any member of the Mayor and Council or any member of the City Planning Commission, it shall be the duty of the speaker to disclose the following information five (5) days prior to the official public hearing: a. The name of the local government official to whom the campaign contribution or gift was made; b. the dollar amount of each campaign contribution. made by the applicant to the local government official during the two (2) years immediately preceding the filing of the application for the map amendment and the date of each contribution; and Page 1 of 4 1 1 1 8 -5 -060 Public Hearing c. an enumeration and description of each gift having a value of $250 or more made by the applicant to the local government official during the two (2) years immediately preceding the filing of the application for the zoning action. d. In the event that no such gift or contribution was made, the application shall affirmatively so state. Campaign Disclosure Forms are available at the Tybee City Hall during normal hours of operation. Also, Campaign Disclosure Forms shall be made available to the public at the Planning Commission Public Hearing for use at the official public hearing before the Mayor and Council. (6) The applicant shall have an opportunity, after all comments in opposition have been made, to make summary remarks concerning the proposed zoning decision. (7) Thereafter, the presiding officer shall announce that the public hearing for the requested zoning decision is closed, and the Mayor and Council or the Planning Commission, as the case may be, shall immediately and openly discuss the proposed zoning decision and vote on action which they are authorized to take. The above rules of conduct for public hearing shall be the policies and procedures of the City governing the calling and conduct of hearings under the Land Development Code. Copies of these rules of conduct and policies and procedures shall be available for distribution to the general public. In any action on a zoning decision and for each zoning decision there shall be a minimum of 10- minutes time at the hearing for presentation of data, evidence and opinion by proponents of the zoning decision and an equal amount of time for presentation by opponents. 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 Ordinance, City of Tybee Island, Georgia, and the sections of this Ordinance may be renumbered to accomplish such intention.(Ord. 1999 -06; 4/22/99) (B) Actions Specific to the Planning Commission during a Public Hearing In all zoning actions in the City of Tybee Island, the Planning Commission is a recommending body and all final decisions must be made by the Mayor and Council. However, the Planning Commission has an important role in the public hearing process. This role is as follows: (1) All proposed zoning actions shall be reviewed by the Planning Commission in a public hearing in accordance with the procedures set forth in Section 6 (A). (2) The Planning Commission shall review and consider a recommendation to the Mayor and Council with respect to the application for a zoning action. The Planning Commission may decide to make no recommendation or it may make any of the following recommendations with respect to an application for a zoning action: approval, denial, deferral, withdrawal without prejudice, reduction of the land area for which the application is made, change of the zoning district requested, or imposition of zoning conditions; and, (3) The Planning Commission shall submit its recommendation on a zoning action application to the Mayor and Council prior to the scheduled public hearing in which the Mayor and Council will consider the application for a zoning decision. If the Planning Commission fails to submit a recommendation prior to the public hearing, the Planning Commission's recommendation shall be deemed one of approval. (C) Actions Specific to the Mayor and Council during a Public Hearing (1) Before taking action on a proposed amendment and after receipt of the Planning Commission recommendations and reports thereon, the Mayor and Council shall hold a public hearing on the proposed amendment at their next scheduled meeting. Page 2 of 4 1 1 8 -5 -060 Public Hearing (2) So that the purpose of this zoning ordinance will be served and so that health, public safety and general welfare will be secured, the Mayor and Council may in its legislative discretion: a. Approve or deny the proposed zoning action as submitted, b. Reduce the land area for which the application is made, c. Change the zoning district to one other than that requested; or, d. Add or delete zoning conditions as the Mayor and Council deems appropriate. (3) An action to defer a decision on the proposed amendment shall include a specific meeting date to which the proposed amendment is deferred. The Mayor and Council may also approve a withdrawal of an application, and if so stipulated by the Mayor and Council in its decision to approve withdrawal, the twelve (12) month limitation on re -filing of the application for the same property shall not apply. (D) Public Hearings Records Standards The City Clerk or an agent of the City Clerk shall mechanically record the proceedings of all zoning public hearings. If requested by any party, verbatim transcripts of the public hearing can be prepared, but only if requested and purchased in advance by the requesting party, who must arrange at his expense for a certified court reporter to record and transcribe the hearing and furnish the original of the transcript to the Mayor and Council for its records. The record of the public hearing and all evidence (e.g., maps, drawings, traffic studies, etc.) submitted at the public hearing shall be noted as such and shall become a permanent part of the particular zoning action's file. (E) Public Hearing Scheduling In- all-zening actions matters requiring- a- publie hearing,-the-following procedures shall -apply (�} Prior- to-any matter coming-before tho Planning Commission for -a -public, hearing -the applicant may attend -a Planning Commission agenda meeting -te present -the applicant's -plan -te -the - (2) The Planning - Gerniniesien public hearing shall -be -advertised -pursuant 4e -the Zoning (15) days nor less than fifteen (15) days bcforc the hearing. If at the conclusion the public hearing before the-Planning Commission,-the Planning Commission recommends approval-ef -the app}icatiei,-the -em (-3) Notice of the public hearing bcforo the Mayor and Council shall be provided as required by the Zoning Procedures Law and shall eeeur ne mere than forty five (45) day nor less than fifteen (15) days before the hearing before Mayor and Council. (4) If-at the conclusion of the - public hearing bcforo the Planning Commission, the Planning Commission-and-the • - T. - • 4e - - , - -a-review e €-the -e -i€ le Planning refuse's 4e -recommend -the zqplieatienls request -OF reeex ends denial- ef-the application,- if-any way does-net act-te- approve tho application,-the applicant may -then request that -the matter -- be-adveft-ised for -a - public -hearing - before -the -Mayer -and - Council. -Te -make this request-the applicant- should direct -a-men request44he Zoning Administrator stating that -a- public hearing- en4hhe-applieantls matter- is_requested before - hem -and Council. -If-ne such request -is- made -hem shall -net -be _ roferred 4e -the _ Mayor -and Council for -a-public/- Page 3 of 4 1 1 1 8 -5 -060 Public Hearing (60) -day -of -the - public, hearing -before -the Planning -or -applicant rcinstato proceedings- before -the Planning -Comte rather-than their weeding -et-he Mayor -aad Council. -If the Planning does -net - initially - approve -an application -and -the - applicant -takes - mod ications, changes, alternations, etc.,4n- ection-with -lie -sect matter-of-the application, -he matter- maybe- considered -at-a regulars special meeting-ef-the Planning-Commission-and acted -open 2000 11;'1/13100)(Ord. 2002 -16; 7/11/2002) Elimated subsection "E" 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: 2nd Reading: Enacted: Page 4 of 4 JUN.1212002 15:42 9122382767 CALLA WAY,SRAUN,RIDDLE,CHJGHES, ?,c #4970 P.002i003 ORDINANCE No. AMENDMENT TO ORDINANCE 64-io(C, An Ordinance to amend the Code of Ordinances for the City of Tybee Island and the Land Development Code to amend Ordinance 6- 1- 10(C). WHEREAS, the Mayor and Council of the City of Tybee Island has previously adopted an aid to construction ordinance; and WHEREAS, certain revisions to the ordinance are necessary in order to update the provisions and to clarify the intention thereof; and WHEREAS, the Mayor and Council of City of Tybee Island seek to expand, upgrade and improve the existing waste water treatment facilities and to improve upgrade and/or expand the collection systems thereof for; and WHEREAS, the Mayor and Council of the City of Tybee Island desire to ease the burden of such upgrades, improvements and/or expansions of it facilities on the current user, and WHEREAS, the Mayor and Council of the City of Tybee Island deem it advisable to assess an aid to construction fee when existing strictures are expanded with additional habital living space; and NOW 'THEREFORE IT IS HEREBY ORDAINED by the governing authority of the City of Tybee Island that section 6- 1 -1O(C) of the Code of Ordinances, City of Tybee Island, Georgia, is hereby amended to read as follows: 1 JUN.12'2002 15:43 9122382767 CP. LLPWAY ,BRP.UN,RIULiE &HUGHES,P.0 #4970 P.003/003 (C) 2. The Aid to Construction Fee shall be set by the City Council as an aid to the cost of expanding or. npgrang the City's wastewater treatment facilities and /or collection system including future expansion of the plant or upgrading of facilities (including legal, engineering, construction and administrative costs) at $4.00 per gallon per day of anticipated use. Adding Paragraph Five (5). 5. In connection with additions of heating and/or cooled space to existing structures, the aid to construction fee shall apply upon application for a building permit to such structures and shall be calculated at the rate of $.50 per square foot of the additional heated and/or cooled space. * $1,200/Unit minimum; $1.00 per foot above 1,200 square foot MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACt'ED: GA COMMO1VNEM11114 5361ORDINAMOZAIDCONSC Type of Structure Water Usage in Gallons Per Day Aid to Construction ($4.lunit Residential Construction —_ $1. per square foot of * heated and/or cooled space Adding Paragraph Five (5). 5. In connection with additions of heating and/or cooled space to existing structures, the aid to construction fee shall apply upon application for a building permit to such structures and shall be calculated at the rate of $.50 per square foot of the additional heated and/or cooled space. * $1,200/Unit minimum; $1.00 per foot above 1,200 square foot MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACt'ED: GA COMMO1VNEM11114 5361ORDINAMOZAIDCONSC 1 1 1 6 -1 -10 Aid to Construction ORDINANCE NO. 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 6 Municipal Utilities, Chapter 1 Water Supply and Distribution, Section 10Tapping/stubbing fees, and Aid to Construction be amended to read as follows: Section 1. Section 6 -1 -10 is hereby amended to read as follows 6 -1 -10 Tapping/stubbing fees, meters, and Aid to Construction Fees (A) Water and Sewer Tap and Stub Fees Water Tap Fees Sewer Tap /Stubbing Fee Dollar Amount 'Water _Meter Size 550 .............__. 818.40 in 1573 1887.60 ,Alve:2" 550 818.40.E .........:................. 1573 1 l/2""'. 1887.60 " Above 2" * AS DETERMINED BY THE CITY MANAGER Water tapping and sewer stubbing fees for a water consumer will be based on the following formula. The fee shall cover the cost of the meter and inspection of installation of same. Actual installation of both lines and meter shall be the responsibility of the applicant. This tapping stubbing fee is payable in advance. (B) Meter Costs - Additional The cost for a water meter for sprinkler systems, swimming pools,etc. shall be based on the size of meter deemed necessary by the Water and Sewer department supervisor and/or his designee. The following rates cover the cost of the meter only. The property owner is responsible for both installation of meter and running of necessary lines. ( 1) Three - fourths (3/4) inch and $350.00 five- eights (5/8) inch ( 2) One inch 520.00 ( 3) One and one half (1 1/2 ") inch 1000.00 (4) Two inches 1200.00 Page 1 of 4 1 1 (5) Above two inches will be cost plus twenty -five (25 %) percent. 6 -1 -10 Aid to Construction (Code 1970, 20 -20; Ord No. 5 -1980, 10 -8 -80; Ord. No. 6 -1980, 10- 1980)(1997 -53; 8/14/97) In addition to the above tap and stub fees, the following Aid to Construction fees will apply: (ORD. 1998 -08; 3/26/98) NEW (C) Whereas, the Mayor and Council of Tybee Island, Georgia seek to expand the City's existing wastewater treatment facilities, and Whereas, the Mayor and Council of Tybee Island, Georgia, desire to ease the burden of such expansion of its facilities on the current users, the City Council shall enact the following Aid to Construction to be applied to customers that wish to connect to the City's wastewater utility system; Now therefore, be it enacted and ordained by the Mayor and Council of Tybee Island that: 1. In order to connect to the City's Wastewater Utility System all users shall pay an Aid to Construction Fee in addition to any tap or other fee required. The Aid to Construction Fee shall be paid prior to connecting to the City's Wastewater System. A written agreement between the City and each user will be executed upon payment of fees and prior to construction of facilities. 2. .The Aid to Construction Fee shall be set; by the City Council as au. aid to the cost of expanding or upgrading the City's wastewater treatment facilities and/or call tidn system ihcluling futur expansion of the plant or upgrading; of fades' (includ" g legal, engineering, A and admhtistrative osts) at $4.00 per galore per day or anticipated use.(Ord. 2002 -17; 7/11/2002). 3. The Aid to Construction Fee shall be calculated by the City and shall be based on the average daily consumption of each type of establishment as outlined in Number 4 below. 4. The following Water Use Standards shall be used by the City in establishing the average daily consumption of users for the purpose of calculating the Aid to Construction Fee. Where categories are not listed, the City through its Consulting Engineer will calculate the project's contributory load factor (wastewater usage) and present the calculated load factor to the City Council for approval. 5. I c • nncctio with • • e,' Y • ®s ti ! ` .tin! « or t o +. s a ` to tin ± 2 es th' id to construction fee. shall apply upon : appHeatipn' for a build' E g nit io: such structures and ,shall he calculated..at tkze rate of 50£ per square foot afthe acid tinal he * $1 201 /(n t minimum; ', 1.0 per foot ah r l 00 s lie ooL(Ord. 2002 -17; 7/11/2002) Type of Structure Water Usage in Gallons Per Day Aid to Construction @$4./Unit Apartment, (& Other Dwelling 150 per bedroom 699-* Units) Assembly Hall Barber Shop/Beauty Parlor Boarding House ** Bowling Alley Church without Day Care or 3 per seat 125 per chair 100 per room 50 per lane 5 per seat Page 2 of 4 12 500 400 200 20 1 1 Kindergarten Clinic Correction Institution Country Club, Recreation Facilities Only Day Care Center, no meals Dental Office Department Store Drug Store Fountain Service - Add Meals - Add Food Service Establishments with Restrooms and Kitchen ** 1.) Restaurant, less than 24 hours per day operation 2.) Cafeteria, less than 24 hours per day operation 3.) Restaurant, 24 hours per day operation 4.) Drive -in Restaurant 5.) Carry-out Only Hospital Hotel, No kitchen Kindergarten, No Meals Kitchen for Day Care, Kindergarten Laundry, Self Service Laundry, Commercial Mobile Home Park Motel, No Kitchen Nursing/Personal Care Home Office Physician's Office Prison Schools: 1.) Boarding 2.) Day, Restrooms only 3.) Day, Restrooms and Cafeteria 4.) Day, Restrooms, Gym, Cafeteria Service Stations: 1.) Car Wash Only 2.) Fuel and Oil Only 3.) Full Service Shopping Center Stadium Tavern, Bar, Cocktail Lounge - No Meals Theater 6 -1 -10 Aid to Construction 150 per exam room 125 per bed 25 per member 15 per person 200 per chair 10 per 100 sq.ft. 500 per store 1500 per store 50 per seat 32 per seat 63 per seat 100 per seat 50 per car space 75 per 100 sq.ft. 250 per bed 100 per room 15 per person 20 per person 200 per machine 1,000 per machine 300 per site 100 per room 150 per bed 30 per 200 sq. ft. 200 per exam room 60 per person 100 per person 15 per person 20 per person 25 per person 1,000 per stall 300 per pump 850 plus 300 per pump 10 per 100 sq, ft. 2 Per Seat 30 per seat 600 500 100 60 800 40 2000 6000 200 128 252 400 200 300 1000 400 60 80 800 4000 1200 400 600 120 800 240 400 60 80 100 4000 1200 3400 & 1200 40 8 120 5 per seat 20 Page 3 of 4 1 Travel Trailer Park 1.) With independent Water and Sewer Connection 2.) Without independent Water and Sewer Connection Resid nr i l constructio ORD. 2002 -17. ;711. 1 —2) 6 -1 -10 Aid to Construction 175 per site 35 per site 700 140 1 per anchor cools quat+ .heg. * 99/Bedreem , $1200 Max. for 2 or Morc Bedrooms ** Add 500 Gallons per machine to amount indicated if laundry or dishwashing machines are to be installed. (ORD. 1999 -18; 06/10/99)0rd. 2002 -12; 6/13/2002) 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 , 2002 Mayor Walter W. Parker 1st Reading: 6/13/2002 2nd Reading: '711110 Enacted: i 10