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HomeMy Public PortalAbout20040610CCMeeting1 1 1 @ @ITEM 2004 -06 -10 City Council Minutes Mayor Walter Parker called the June 10, 2004 City Council meeting to order at 7:00 PM. Those Council Members in attendance were Jason Buelterman, Mallory Pearce, Shirley Sessions, Paul Wolff and Jack Youmans. Eddie Crone was out of town due to a death in the family. Also present was City Attorney Edward Hughes and Dee Anderson, who was Acting City Manager for Bob Thomson who was ill. Rev. Eddie Atkins gave the invocation and everyone recited the Pledge of Allegiance. Mary Catherine Moss, candidate for Chief Judge of Magistrate Court was ill and could not attend. Herman Coolidge, candidate for Judge of State Court, said he was running for a newly created position. He said he had been a Judge in Municipal Court for 23 years and was the only candidate with judicial experience. He asked for support and votes in the July 20, 2004 election. He reminded everyone that this race would not be on the ballot in November 2004. Michael Barker, candidate for Judge of Magistrate Court, said he was now in that position and had the experience necessary. He said, as a Judge, only 1 in 25 rulings had been appealed. He said this is non - partisan and asked for support and votes. Penny Haas Freeseman, candidate for Judge of Superior Court, said she is running for 1 of 6 positions as Judge. She said there are 13 people running for those 6 positions. She said she had judicial experience in State and Recorders Courts. She urged everyone to vote on July 20th and asked for support. Pat Jarrell did not appear. Gwen Fortson Waring, candidate for Chief Judge of Superior Court, said she was running against Judge Perry Brannen for this position. She said she had experience and wanted to be part of the solution to the growing problem of young offenders. She asked for support and votes. Mayor Parker said there some candidates present who had spoke to Council and citizens at previous meetings. Bill Lyght and Mary Ann Heimes, candidates for the 4th District Commission seat, were present. Mary Ann Heimes announced a Meet the Candidate Cook -Out at Memorial Park on Sunday from 2 to 4 PM. 1 of 13 1 1 1 Rusty Fleetwood urged the candidates and the Council to look into the rising taxes on Tybee. He said the high taxes are forcing people to leave their homes. Fleetwood said the reason he was there was to talk about the rezoning of South Campbell Avenue. He said his proposal was to change the zoning from R2 to R1B and this would help the density problem and the burden on Tybee's infrastructure. He said some people thought this would eliminate home businesses and asked the City Attorney to clarify that misconception. Hughes said that in R1B, home businesses were allowed after Special Review and approval by Council. Denise Grabowski said she was a planner and designed green buildings. She asked Council to consider her company when planning future development. Shell Solomon, Chairman of the Tybee Tourism Council, requested Council to contribute $4,000 to the cost of the fireworks for the July 4th display. He said this would enable Tybee to put on a fireworks display to be proud of. Solomon said it would be shot from the end of the pier this year and he already had approval from the County. Solomon introduced Brad Fisher from Falcon Fireworks Co. who answered some questions from Council. Sessions said she was concerned about the litter on the beach from the large July 4th crowds. She said July 4th weekend is the most labor - intensive day of the year as far as picking up trash. She asked if the Tourism Council had contacted Chatham County for added funding. Solomon said no they had not. Fisher said because the fireworks are being shot from the pier, the litter from the fireworks debris should be greatly reduced. Fisher said the difference in the $5,000 show and the $10,000 in addition to length, is the choreography and it will be broken into sections. He said they would use products available only to Falcon and Disney. He said he believes this will be the best ever on Tybee. Kellie Lewis, Executive Director of the Marine Science Center, spoke to Council regarding the Turtle Project. She said so far they have identified 2 nests, one is a leatherback and the other is a loggerhead. Lewis introduced staff members, Lindsey Thomas, Jamie Smith and Lisa Herndon. Lewis said for $10.00, you could adopt a turtle egg, name the hatchling and help protect the turtles. She said their goal is to collect $2,000 by July 4, 2004. Your name and your turtle's name will be posted at MSC. A Turtle Baby Shower will be held at the MSC on June 24th. She said Mayor Parker has been named "Godfather" for the 2 nests and she presented Parker with a baby turtle made of stone. Lewis said lights are a main problem for the hatchlings because after hatching they go toward the light. She asked people on 7th, 8th and 9th Streets to voluntarily turn off their outside lights. She introduce Charlie Brewer, who along with his wife, Sandy, has worked very hard on education and work with the street lighting. Brewer is employed with SEPCO as the Manager of Lighting Services. Brewer said he wanted to do something for the turtles and he and his wife have passed out literature, evaluated streetlights and recommended shields for some lights. He said they enjoy working with all of the dedicated volunteers. Claire Price told Council that changes to Special Event fees should be completed as soon as possible. Price said they don't want to make any mistakes but the new fees should be 2 of 13 1 ready by the July meeting. Price said the Special Event request for Enmark had been postponed. Bobby Jeffery requested a Special Event permit for a cookout in Memorial Park for the Savannah Pride of Gay & Lesbians on June 20, 2004. He said they expected around 20,000 people. He said they had the State liquor license. Sandy Major a resident of Tybee said that the hazard signs at North Beach are still there. She said they spoke to Council at the last meeting and nothing has been done yet. She said the hazards should be removed. Major said she realizes that Council has to deal with many problems but she feels this is an issue of risk and liability. She asked that action be taken immediately. Henry Levy said that tonight the noise ordinance is to be discussed and he would like for a light ordinance to be reviewed. He said people leave on outside spotlights that shine in windows and keep people awake at night. Levy said there should be something that prohibits this. He said there is an ordinance to prevent lighting on the beach for the turtles from May to October and it needs to be enforced. Levy said he repeats his position that the City should follow it's own ordinance and use permeable materials for any paving. Kellie Lewis said she would like to add one thing. Lewis said some of the people in audience were concerned about the turtle during the fireworks. She said they would post a guard around the nests to prevent any damage from people on the beach. Lewis said turtles usually hatch after midnight and the fireworks should be completed by then. Kathryn Williams said she was representing the Tybee Beautification Assn. and asked everyone to participate in the Adopt a Highway project Saturday, June 12, 2004. She asked everyone to meet at the Tybee sign at 8:00 AM. Williams said the TBA and the MSC were co- sponsoring the Tybee Prom on July 24, 2004 and would have more information at the next meeting. She gave a brief report on plantings around Tybee and thanked the DPW for their help and hard work. She asked Council do ban the vending machines and displays of merchandise on Butler Avenue and Tybrisa Street. She asked for the City to hire the special officer to patrol the beach enforcing the litter ordinance. Williams said that she thought the beach patrols were riding too fast on the beach and urged the Council to require them to walk the beach instead of riding. Jim Fabrikant, a resident of South Campbell Avenue, spoke against the proposed zoning change. He said he bought his house in the early '70's and it was in a R2 zone. Fabrikant said if it is changed to RIB, it would be devalued and some of his property rights would be taken away. He said he would have to ask to have a home business and would not be able to construct a duplex. He said a lot of people don't want the change, that he is not the only one. Chris Solomon, also a resident of S. Campbell, spoke against the change. He said the change would create a lot of sub - standard lots and non - conforming uses. Solomon said he wants the options that R2 gives him and said he would fight the change. Youmans 3 of 13 1 said when his neighborhood was changed; he was not allowed to speak. He said the change cost him $20,000 to $25,000 on the value of his property. Tony Petrea said he was not a resident of S. Campbell but would like to buy some property there. Petrea said he like to build single - family houses on lots larger than the requirement. Petrea said most of the property on the Island is zoned R2 and spot zoning is the worst thing that can be done. He said think about this and don't make the change lightly because it would affect a lot. Billy Remeta, a resident of S. Campbell Avenue, said he signed the petition to change the zoning. Remeta said that people had a misconception that their property would lose value. He said there was a time when Tybee needed to increase the tax base, so they allowed subdivisions, but that is not the case now. Mayor Parker opened the meeting, heard comments and closed the following Public Hearings, according to law. Dick Smith, Chairman of the Planning Commission, presented the request for a Sketch Plan approval for a Minor Subdivision of 1 lot into 3 lots at 3 10th Street, for Howard Reeve. Smith said Reeve was also asking for a setback variance on Lots A and C, and to increase the grade of these lots equal to the lots on each side. Smith said there was a drainage problem in this area. He said the existing house, an historic old Tybee Beach cottage, is to be relocated to the back lot. Smith said Downer Davis, Engineer for the City, has reviewed the preliminary drainage plan and written a letter of approval. Smith said they are working with DNR to find out if they can drain these Slots into the inner dunes. He said the Planning Commission voted to approve. When asked about where the height of the house would be measured from, Smith said from the finished grade and the house would not be any higher than the existing surrounding houses. Smith said as far as he knew, a grade adjustment had never been asked for. He said when a hole is created by construction around it; it would make sense to allow that hole to be filled in. Hughes said they would need a grading permit to put fill in. After that, if they would go over the allowable height, they would need a height variance. Hughes said generally with a minor subdivision you have a preliminary plan and final plan at one time, and there is no sketch plan. No plat would be recorded until all the requirements are met. Smith said if the DNR does not approve drainage into the dunes, it can still be brought to Butler Avenue and Davis has approved those preliminary plans. Buelterman said in his letter, Davis is saying that he would not approve until he has final construction plans for the drainage to Butler Avenue. Sessions said she understands that there should be a seal of the engineer on the drainage plans and there is not one on these plans. Mr. Reeve and his architect said that they are trying to get preliminary approval for the subdivision before they go to the expense of having final drainage plans completed. Reeve said this is costly work. Hughes said the approval of the sketch plan gives the indication that ultimately approval for the final plan would be given. Hughes said any variances would have to be applied for with the final public hearing for approval of the subdivision plat. Sessions said she understood that our engineer, Davis, would put his seal on the plans when he approved the finals. Anderson said Davis does not put his seal on another engineer's plans but 4 of 13 1 sends us a letter of approval. Ernie Friedman spoke on behalf of David and Ethel Rosenzweig, a neighbor, said that they don't have any objections to the subdivision. He said their concern is the drainage as well as the variances that are being requested. Friedman said that they asked that the subdivision not be approved until a final drainage plan is approved and what impact this will have on the entire neighborhood. Downer Davis said the drainage plan he was presented was a very limited plan. He said it was to determine if outflow to Butler Avenue was a workable plan. Davis said his letter listed about 8 items to be addressed before he would approve the final plan. Sessions asked about Davis' statement concerning not recommending this request being placed on the agenda. Davis said he understood they were coming to ask for fmal approval. Henry Levy, former Chairman of the Planning Commission, said the height is measured from the original grade. Dr. Jim Miller said his property abuts this property, and there is a real drainage problem on 11th Street. He said that if they were allowed to fill, his home would be in trouble due to the drainage onto his property. Mrs. Miller said if we have ordinances on the books, we should follow them. She one of her concerns is that this preliminary approval will become final approval. She asked Council to make sure this does not happen. Keith Gay said he managed the property for about the last 5 years. Gay said we need to determine what fill is and what grade is. He saw what he believed to be fill dirt on the Miller property when the house was under construction and Dr. Miller said they didn't bring in any fill dirt. Gay said he thought that anyone should be able to bring his or her property grade up to the level of surrounding property. Rachel Perkins spoke in favor of the storm water drainage to be directed to the inner dunes and not through pipes that would drain into the marsh. She said this would be the most environmental friendly option. Mike Futral, resident of 1 10th Place spoke against variance for height. He said there would be a lot of dirt moved around and concrete slab installed and asked everyone to come and look at the property. Cullen Chambers spoke in support, with reservations, of this project. He said the water retention on this property has gotten worse over the past few years. Chambers said this is the best preserved raised old Tybee cottage on the Island. He commended Mr. Reeve in his efforts to save the old structure. Betty McLendon said last year she came to Council about problem drainage. She said the problem is not finished. She asked each Council member to come and walk her property and see her problems. She said this problem is not going away just by covering it up. Travis Burke from Kern Coleman Co. said he knew there was a problem and they would address it on the final plans. Hughes said if this were treated as a sketch plan, it would not include any variances at all, just that Council is agreeable to the subdivision, there are no rights vested. They can do engineering exploring and see if they can make it work and may be able to solve an area wide drainage problem in the process. Hughes said there would be no plat recorded and no building permit issued. Hughes one concern he has is addressing the easements needed and all of that would have to be addressed before fmal approval. Burke said the proposed drainage plan would help all of the properties. Smith presented the application for a text amendment for Section 11 -3 -4, Noise Disturbance, as to change the times for enforcement. He said it came to Planning Commission as 7AM to 7PM. He said the PC changed it to 7AM to 7PM or sundown, whichever is later. Smith said the PC approved. Buelterman asked if this was just for 5 of 13 1 1 1 construction. Smith answered no that it was for everything. Wolff said he would like to add when 2 different zones abut, the more restrictive decibel level would apply. Smith said the request for driveways to be permeable was not discussed at the Planning Commission. He said he thought that was tabled until a later date. Smith said the request to prohibit sidewalk sales in the Beach Business District was not heard by the Planning Commission. Mayor Parker asked if anyone wished to speak on either of these text amendments. Kathryn Williams said she disagreed with Henry Levy on requiring the City to use permeable materials. She said the cost was high and most of the areas the City would be paving are already paved. Mayor Parker said there have been complaints that the merchants on Tybrisa and Butler have put too much merchandise on the sidewalks and that it is interfering with pedestrian traffic. This pertains to the public property out side of businesses. Wolff said one of the reasons for this is to comply with ADA requirements, that people in wheelchairs can get down the sidewalk safely. Mayor Parker opened the meeting for business legally presented. Parker said he would like to cover the public hearings first. Pearce motioned for approval of the preliminary approval of the minor subdivision for 3 10th Place. Sessions asked wasn't it for sketch approval. When asked for his opinion, Hughes said it was for sketch approval. Pearce accepted that change, Youmans seconded. Sessions said on a sketch plan, a variance would not be up for approval, and Hughes agreed. Buelterman said he wanted to make sure that Council would get to review the drainage plan and final plat before giving final approval. Sessions asked for amendment to the motions for approval as sketch plan only, with no variances, pending further public hearings. There would be no plat recorded until approved drainage plan was presented, no rights vested and no permit issued until final plans have been approved. Pearce accepted the amendment, Wolff seconded. Vote was unanimous. Parker said that Council Member Eddie Crone was out of town because his brother died. And City Manager Bob Thomson had torn ligaments in his wrist and was in a great deal of pain and not able to attend the meeting. Parker said Dee Anderson was taking Thomson's place and doing an excellent job. Wolff motioned for approval of driveways for new construction to be of permeable materials, Sessions seconded. Youmans said we all received a letter from a lady on Solomon Avenue and she was very upset. Youmans said this lady couldn't open windows in her house because of the white dust from the crush and run that was put on Solomon. Youmans asked if this was what was wanted all over the Island. Downer Davis, engineering consultant for the City, asked if the standards had been addressed. Davis said what level of permeability, what depth, and what inspection process. Davis 6of13 1 said permeable was a very broad standard. Parker said he didn't believe this had been studied. Youmans asked if Council should wait until this is determined. Buelterman said that maybe it should be withdrawn until technical standards could be set. Parker asked if the motion would be withdrawn. Wolff agreed. Pearce motioned for approval contingent on specific delineations and meeting Davis' technical concerns, Wolff seconded. Vote was unanimous. Parker said the next item was the noise ordinance. Hughes said he thought the last time we looked at this issue; it was based on the hours not the decibel level. He said the decibel level is hard to determine, depending on where you are in relation to the source. Hughes said apparently when this went back to the Planning Commission; the decibel level was brought up again. Youmans said some of the people couldn't afford to hire builders and have to do the work themselves after they get off from work, and now we are going to tell them they can't. Sessions said she thought the intent in changing the hours is to keep heavy construction noise at a more reasonable level and time. Sessions said this is not to keep individual homeowners from working on their houses. She said that one issue is the construction and the other issue is when residential abuts commercial zones. Sessions said she is in favor of the 7 AM to 7 PM, but not sure about the "to dark'. Parker said it was until sundown, which now is around 8:30 PM. Mayor Parker said we are not going to stop anyone as long as we don't get a complaint. Buelterman motioned for approval of the Planning Commission's recommendation for the time change to 7 AM to & PM or sundown, whichever is later, Wolff seconded. Pearce said he would like to make an amendment to the motion. He said if residential zone were adjacent to commercial zone, the residential level would apply. Buelterman accepted the amendment, Wolff seconded the amendment. Vote was 4, Wolff, Sessions, Buelterman and Pearce, in favor, and 1, Youmans, opposed. Wolff motioned for approval to prohibit sales on City property in front of businesses in the Beach Business District, Pearce seconded. Mayor Parker said that he hoped the Council knew that there were going to be a lot of complaints from the merchants on this. Buelterman said that we were unique and he didn't think it was fair to the merchants. Youmans said he had never been to that area when you couldn't ride a wheelchair along the sidewalk except for the people. Sessions said to remember that people are going to come and ask for special permission for events and we should be fair to everyone. She said if we don't approve this, we should allow people to hold special events on City property and be fair to them as well as the merchants. Youmans said we allow special events, auctions, festivals and all sorts of events on City property all over this Island. Some of these people don't even have a license to sell, he said. Youmans said the merchants buy a license every year, and they should be allowed to put a little bit of merchandise in front of their businesses, they are not putting it in front of the pier. Pearce asked Hughes if they wanted a special permit, they could come to Council. Hughes said he thought this was a different issue than someone wanting to hold a special event on public property other than in front of his business. Vote was 3, Wolff, Sessions and Pearce, in favor, and 2, Youmans and Buelterman, opposed. 7 of 13 1 Buelterman motioned to approve contributing $4,000, taking $3,200 from the Holiday Fund and the balance from the money collected from other special events, toward the cost of the July 4th Fireworks, Wolff seconded. Sessions said we should plan for requests such as this in next years budget. Sessions also said she would like to see more the Tybee Tourism Council at Council meetings and hear what they are doing. Youmans said the City Government does very little for the business people on the Island. Buelterman said he would like to see a form for people to fill out when they come to Council requesting money. He said the form should contain what the event is, who is the promoter, what the money is needed for, where the money is coming from and what Line Item it is to be charged to. Sessions asked if this contribution put the City at more liability. Hughes said it did not put the City at any additional liability. Vote was unanimous. Sessions asked the Tourism Council to encourage people to pick up litter. Parker asked if anything had to be done on the South Campbell rezoning. Hughes said there was a signed petition. Hughes said Council had the option of doing nothing or acting on the request that some of the property owners had made. He said that would be to advertise for a public hearing on the zoning change and a map amendment. Hughes said there is some confusion in that Mr. Fleetwood can file to rezone his own property but not for the entire district that is owned by others, Council can initiate that. Hughes said another option would be to send it to the Planning Commission and let them look at it. Then decide if you want to advertise to hear the request. He said you don't commit that it would be done but that you would hear the request. Lynn Hamilton asked about current home businesses and would they be grand fathered. Hughes said under ordinary circumstances yes but if you want to change the nature of the business, you would have to come for a special review. Youmans said before we do anything, let's hear from every property owner on that street, and not do it like Lewis Avenue. Pearce asked if they should wait until they have the petition. Dee Anderson said there is a petition in the Zoning Department but there are no procedures in the Code. Anderson under guidance from Hughes, this issue was brought to Council to see if they wanted to consider it. There was more discussion as to the procedure and whether a petition should be brought to Council. There was also discussion regarding density. Sessions asked Chuck Bargeron to tell every9one what was done when Lewis Avenue was rezoned. Bargeron said certified notices were mailed with a questionnaire, and only 40% were returned. A second mail -out resulted in about 70% returned. Sessions said she didn't have anything on this request and Fleetwood had said he filled out an application. Anderson said the application was for him to go to the Planning Commission. He came tonight as a visitor to see if he should pursue it further. Hughes said there is no 51% requirement. Pearce said the last times there was a zoning issue, we did have a petition and he would feel more comfortable with a signed petition. Parker agreed. Fleetwood said he would like the attorney to put in writing what he is to do. Wolff suggested he get online, SAGIS, and determine the property owners. Council agreed for Fleetwood to bring a petition. Pearce motioned for approval of the minutes for the May 27, 2004 meeting, Wolff seconded. Vote was 4, Wolff, Youmans, Buelterman and Pearce, and 1, Sessions, opposed as she had some changes. 8 of 13 1 1 Buelterman motioned for approval for Jeffery to hold special event on June 20, 2004 in Memorial Park, Wolff seconded. Vote was unanimous. Mayor Parker said he had written the Corps of Engineers regarding the hazards of old jetties but has not gotten any favorable results. He said he had asked Thomson to have the area resigned and asked Mark Williams if he had any information on that. Williams said no and Parker said Thomson was to see if, at low tide, the signs could be placed at a more favorable area. Buelterman said the whole area is not dangerous, just a small part. Buelterman said those things are dangerous and we have got to get them out. He said maybe we should call Jack Kingston and see if he can help. Youmans said the beach comes under the jurisdiction of the State, why can't we contact the State. Parker said the Federal Government put them there and that is why we are trying to get them to remove them. Mayor Parker said that Crone should talk to Chief Price regarding video cameras in the Police cars before bringing to Council. Wolff said everybody would have curbside recycling at $2.99 per month under this proposal. He said we have talked with Randy Hartman from Department of Community Affairs and he has addressed some of the concerns. Wolff said the bins will be supplied with lids, the condo residents will have theirs consolidated in containers and we will have an option to go to a "pay as you throw' program at any time during the first 12 months. This will possibly reduce the cost. Wolff said we have been assured that every 3 months we will have some educational material distributed at no expense to the City. He said Mike Besson with Waste Management is here, along with Randy Hartman, to answer any questions. Hartman said he would like to commend the Council for taking up this issue and showing the leadership in recycling. Wolff motioned to accept Waste Management's proposal and add curbside recycling to our contract for $2.99 per month per household, Pearce seconded. Buelterman asked if this exempts senior citizen's households. Wolff said yes for 65 or older and on fixed incomes. Youmans said he had received a call from a citizens who said he was glad Youmans was against this. He said it was just another tax. Sessions said she would prefer that we do this on a voluntary basis, but said she understood from the gentlemen here tonight that it is not as effective. Vote was 4, Wolff, Sessions, Buelterman and Pearce, in favor, and 1, Youmans, opposed. Wolff said he was going to draw a plan for the handicap place at the end of 18th Street but has not received all of the information. He said he would withdraw this item tonight. Wolff motioned to approve the attached procedures for shallow wells, Pearce seconded. Youmans said he didn't thing we needed all these regulations. Wolff said he did this at the request of the Zoning Department. Vote was 4, Wolff, Sessions, Buelterman and Pearce, for approval, and 1, Youmans, opposed. Sessions asked what the process was to request more trash cans on the beach after Holiday weekends. Parker said he would talk with Thomson. 9of13 1 1 1 Sessions asked what the status was with hiring the Police Officer to patrol the beach to enforce the litter ordinance. Anderson said he didn't know, because Chief Price hired the officers. Sessions said she would like to ask for someone to be on duty by July 1St Hughes said he had received a letter asking. that a Revocable License that was issued to Jonathan Brown and Cecil Johnson on lom Street be revoked. Hughes asked Council to recommend what action he was to take. He said he didn't think Mr. and Mrs. Johnson were present tonight. Hughes said this was the result of a dispute regarding the use of the City right of way. Hughes gave a brief history and said that the right of way is still open to the public. He said the revocable license says that the Browns can't go on the Johnson's part and vice versus. Hughes said there were misconceptions regarding that, which created some problems in the neighborhood concerning access. The license that was granted is revocable at any time that Council chooses, Hughes said. Hughes said he had not heard from the Johnson's. Mayor Parker asked what would be accomplished by revoking this license. Hughes said it would open the right of way in its entirety. The license doesn't have anything to do with the North side only on the South side. Hughes said it should only limit the access by the Johnson's and the Brown's. He said this is where the misunderstanding is. Sessions asked if someone brought this to Hughes's attention and asked that the license be revoked. Hughes said there is a letter dated April 30, 2004 to Mayor and Council, and a copy to Hughes and Thomson, from Jackie Brown. Hughes said Jackie and Charlie Brown were not parties in the license but have to cross Jonathan Brown's property, on an access easement, to get to their property. Hughes said anyone who can't use the right of way has the right to ask for the license to be revoked. Sessions said she feels that if they are going to take any action, everyone involved should be notified. Hughes agreed. A neighbor and adjacent property owner said no one was notified when the license was issued and it has affected everyone in the neighborhood. Jonathan Brown said that the Johnson's driveway blocked more of the right of way than his fence and shrubbery do now. He said people couldn't use the right of way then so why are they complaining now. There was a long discussion regarding the fence and access issues. Mayor Parker said we were not going to settle anything tonight. Parker said he thought we should get all the people involved in a meeting and find out just what problems there are. Parker said we would notify the surrounding neighbors of the meeting. Jonathan Brown said it would be just the property owners and not the families. Hughes said the Resolution for the land swap on 5th Avenue with Robbie Groover was ready but no action was needed until everything was ready in July. Pearce asked if any action should be taken tonight. Wolff motioned for approval of 2nd Reading on parking requirements for dock operators, Pearce seconded. Vote was unanimous. Hughes said the hearing is scheduled for July 15, 2004 for the ongoing litigation on the Maritime District regarding the zoning. l0 of 13 1 Sessions said that we were getting close to the end of the moratorium. She said she thought we should extend it for 60 days. She so moved, Pearce seconded. Vote was 4, Wolff, Sessions, Buelterman and Pearce, for, and 1, Youmans, opposed. Hughes said Thomson had received information regarding the early retirement package. He said we were in the window and we should tell the employees what benefits they will be provided. Hughes said in the last package the health insurance was specific to that retirement window. He said if health insurance benefits are going to be provided in this package, Council should decide what it would be. Hughes said he thinks what was done last time would be done this time. Youmans said he agreed, and the same thing should be done. Dee Anderson said the City paid for the retiree's health insurance, but anything extra the retiree paid, such as dental and family coverage. Hughes said we started out paying the HMO benefits, not to exceed $258.00. He said the premium, he thought, was $100.00. Hughes said we should find out exactly what we did and be consistent this time. Parker agreed. Anderson said he would meet with Hughes and Thomson and get the information. Sessions said this should go on Action Item List. Parker said we need to get a line item number for Marlowe and Company. Sessions asked who was Marlowe. Parker said he was our lobbyist. Buelterman asked where the money was coming from now. Parker said it has been coming out of our SPLOST but he doesn't know where it will come from now. He said we might have to make a budget adjustment. Pearce motioned to take money from General Fund, Sessions seconded for discussion. Sessions said not knowing where the money is coming from is scary. Parker agreed and said we need to pay his bill and then make something permanent. Sessions asked how much was the bill. Anderson answered $11,200.00 and said he understood that we are to pay the bill and the City Manager is come back next month and let Council know what the Line Item is and where the money is coming from. Parker said correct. Youmans said before he voted, he would like someone to give him, in writing, what Marlowe has accomplished for the City. Sessions said she agreed. Parker said we would get a list. Vote was 3, Wolff, Buelterman and Pearce, in favor, and 2, Youmans and Sessions, opposed. Pearce said he also agreed we should have a list of accomplishments. Mark Williams said the SRF funds do not completely cover the cost of the aerators needed for the wastewater plant. Williams said the cost of steel continually increases. He said he thinks the out of pocket expense will be around $102,000. Williams said we currently have 1 aerator on loan with the understanding that we would purchase it. He this has been approved by EPD and our engineers. Buelterman asked if this would be considered a capital item. Parker said yes, he thought so. Youmans said Thomson said that we had enough money in the loan money to cover these aerators when this came up previously. Youmans said this more than twice that amount. Parker asked Williams if he knew where the money was to come from. Williams said our engineers expressed an interest in talking to EPD and increasing our loan. Parker asked Williams to meet with Thomson and get some specifics. Hughes said he had a job description and agreement for Jim Klutz, as a volunteer for the Finance Department. (Copy attached to become part of these minutes.) Pearce motioned 11 of 13 1 1 1 for Mayor Parker to sign agreement once Klutz, Lightle and Thomson approved the agreement, Wolff seconded. Vote was 4, Wolff, Sessions, Buelterman and Pearce, in favor, and 1, Youmans, opposed. Youmans said he had not even read it. Anderson said Dr. Condrey was to be here tonight to review the Classification and Compensation proposal to night, according to Thomson. Anderson said there had been some confusion as he had talked with Dr. Condrey and he was in England. Anderson said this study was done in July 2003 and there are some changes that need to be made. He said Dr. Condrey said he would come when he returned from England. Sessions motioned to amend the budget as agreed by Council at a previous meeting to give the Tybee Beautification Committee $5,000 for the Cemetery Fund, Wolff seconded. Vote was 4, Wolff, Sessions, Buelterman and Pearce, in favor, and 1, Youmans, opposed. Sessions asked the Mayor to give an update on the Pier negotiations. She said she heard that a letter had been received. Parker said no, the only letter was regarding a mutual aid agreement, not the pier. Parker said he had not received a reply from the County regarding the letter about discussing the pier. Jack Youmans said he would like to make a presentation. Mayor Parker said that this presentation was being done under protest. Youmans said Tybee has a "Bird Man", Mallory Pearce. He said it also had a "Bird Lady" and he would to present her with a special trophy. Youmans said she is Gloria Bennett and then presented her with a gold statue of a hand, with middle finger extended. Youmans told her it was made right here on Tybee by locals. All had a big laugh and congratulated Mrs. Bennett. Pearce motioned to adjourn to executive session to discuss Litigation, Personnel and Real Estate, Wolff seconded. Vote was unanimous. Wolff motioned to return to regular session, Pearce seconded. Vote was unanimous. Sessions motioned to hold a Workshop Retreat to evaluate work accomplished since the first of the year, Pearce seconded. Vote was 4, Wolff, Sessions, Buelterman and Pearce, in favor, and 1, Youmans, opposed. There being no further business, Mayor Parker adjourned the meeting. 12 of 13 Diane Sikes Clerk of Council 1 1 Walter W. Parker Mayor 13 of 13 1 1 1 STATE OF GEORGIA ) COUNTY OF CHATHAM ) • AFFIDAVIT PERSONALLY appeared before the undersigned attesting officer, duly authorized to administer oaths, 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 /0 day o (---- 2004. (2) That it is my understanding that O.C.G.A. ' 50- 14 -4(b) provides as follows: When any meeting of an agency is closed to the public pursuant to subsection (a) of this Code section, the chairperson or other person presiding over such meeting shall execute and file with the official minutes of the meeting a notarized affidavit stating under oath that the subject matter of the meeting or the closed portion thereof was devoted to matters within the exceptions provided by law and identifying the specific relevant exception. ,� 0, (3) The subject matter of the closed meeting or closed portion of the meeting held on the / !�J`�' 2004, which was closed for the purpose(s) of y OTC :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. (5) This affidavit is being executed for the purpose of complying with the mandate of O.C.G.A. 1 ' 50- 144 -4(b) that such an affidavit be executed. This /& ay o Sworn to and subsc 'bed befor- e this /.0_ day of 2004. Notary Public DIANE J. SIKES Notary Public, Chatham County, GA My Commission Expires July S, 2007 g:\common \emh\14536\affiday.01 2004. ayor/Presiding Officer 1 1 Prior to the adoption of Ord. 2004 -10 on 06/10/2004, Section 3 -080 read as follows. (A) Residential Off -street vehicle parking requirements. Off-street parking facilities shall be provided and maintained on site or within four hundred (400) feet of the site for all buildings, structures or premises being used in whole or in part for residential purposes, or for any other use permitted in residential districts. (1) Residential dwelling units: For every dwelling unit there shall be provided at least two (2) ' off -street parking spaces. (2) Nursing homes, hospitals: One parking space for each five (5) patient beds plus one space for each staff doctor, plus one space for each employee on the largest shift. (3) Theaters, auditoriums, gymnasiums and other places of assembly: One parking space for each four (4) seats provided in the main auditorium or for each fifty (50) square feet of floor area available for the accommodation of movable seats in the largest assembly room or area. (4) Public and private elementary and secondary schools (except assembly halls, auditoriums and gymnasium used in conjunction therewith): One parking space for each two hundred (200) square feet of gross floor area devoted to such use. (B) Control of access to residential uses. In order to promote the safety of motorists and pedestrians, the following regulations shall apply: (1) A driveway opening which connects a residential lot with a public street shall not be greater than twenty -five (25) feet in width. (2) There shall be no more than two (2) driveway openings on any residential lot of any width. Lots of less than one hundred (100) feet in width shall have no more than one driveway opening. (3) Two (2) driveway openings shall not be closer than fifty (50) feet from each other on the same lot. (4) No driveway opening shall be constructed within twenty -five (25) feet from any street intersection. (5) No curb on any city street or right -of -way shall be cut or otherwise altered without prior written approval of the Zoning Administrator. (C) Commercial Off -Street Parking. Off-street parking facilities shall be provided and maintained for all buildings or premises being occupied or used in whole or in part for commercial activity as follows: (1) One (1) parking space per each 200 square feet of retail or commercial gross floor area. (2) Restaurants, night clubs, beer parlors and similar establishments shall provide one (1) parking space for each four (4) seats based on a maximum seating capacity of (fifteen) 15 square feet per person plus one space for each two (2) employees. Maximum seating capacity is calculated on entire seating square footage including outdoor seating area.(ORD.2000- 08;2/11/00) (3) Hotels, motels: One parking space for each room to be rented. (4) Maritime District: (1) Parking shall be in conformance with required dimensions of the C -1 Zoning District. 2 Handica • s ed • arkin shall be available and accessible. ORD. 1995 - 17.1217195 n,W,�e & kxre (D) Off -Street Parking Dimensions: OFF STREET PARKING DIIVINESIONS STALL DEPTH AISLE WIDTH I PARKING ANGLE 9x18 feet 12 feet 30 degrees TRAFFIC DIRECTION I one -way 1 1 9x18 feet 13 feet 45 degrees one -way 9x18 feet 18 feet 60 degrees one -way 9x18 feet 24 feet 90 degrees two -way (E) Exemptions from Off - Street Parking Requirements. 1 . Existing structures with 2,000 square feet or less of floor area that exist in a C -010 zoning district may expand the floor area up to 4,000 square feet without having to meet the off - street parking requirements as long as the structure is completely located within 1000 feet of a municipal parking lot. 2. All churches or places of religious worship shall be exempt from all off street parking requirements.