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HomeMy Public PortalAbout20050811CCMeeting1 @ @ITEM 2005 -08 -11 City Council Minutes Mayor Walter Parker called the August 11, 2005 Tybee Island City Council meeting to order at 7:00 PM. Those present, in addition to Mayor Parker, were Council Members Jason Buelterman, Eddie Crone, Shirley Sessions, Paul Wolff, and Jack Youmans, City Attorney Edward Hughes and City Manager Bob Thomson. Council Member Mallory Pearce was out of town. Mayor Parker said that this would be the first time our meeting would be broadcast live on the cable system. He reminded everyone to turn off their beepers and cell phones. Father Costigan of St. Michael's Catholic Church gave the invocation. The Tybee Island Memorial Color Guard posted the Colors and everyone recited the Pledge of Allegiance to the Flag. Mayor Parker said because of having only one meeting a month in the summer, we are presenting two awards for Employee of the Month. He said there is one for June and one for July. He asked Mark Williams, Director of DPW, to come forward and present the award for June. Williams said the Employee of the Month was Edward Pollack. Williams said Pollack was the hardest worker on Tybee Island. Pollack thanked everyone and said it was an honor to work for the City and he was proud to receive this award. Mayor Parker asked Bob Thomson to present the award for July. Thomson said that because of a lot of hard work by Todd Smith, this live broadcast was possible tonight. He said Smith was a dedicated employee and had worked long hours and had even come to City Hall about three times one night to change tapes so the taped broadcast of a meeting could be run. Todd Smith received the Employee of the Month for July. Mayor Parker said we had some information and people here tonight interested in the MRS issue. Parker said we were not going to act on that tonight but would have a Special Meeting later this month. He said we needed to select a date for that meeting. After some discussion the date was set for August 24th at 6:00 PM. An alternate date was set for August 22n' at the same time. These dates are set, pending approval by the members of the MRS. No one was present to speak for Memorial LifeStar. Kathryn Williams from the Tybee Beautification Assn. spoke and reminded everyone of the Adopt a Highway Clean up on Saturday, August 20th at 8:00 AM. She said we would meet at the Tybee Sign. Williams also said there would be a Beach Sweep on Saturday, September 24th at 10:00 AM and asked everyone to meet at the pier. She asked Council if they would like to be mentioned as a co- sponsor on the radio advertisements. All agreed to be included. Julian Toporek, a resident of Solomon Avenue, asked Council to do something to remove the white rocks on his street. He said this rock or whatever it is, has turned to dust and is a hazard to people's health, as they are breathing it in. He said it also coats the inside of their houses, their cars, and whatever else is there. He said he had given each Council Member a copy of a petition that the residents had signed, asking for the rocks to be removed and for speed bumps to be installed to stop the speeding along Solomon. He said the residents wanted the street scraped and not paved. Toporek said the speed limit along that street is 20 mph but people use it for a raceway. Toporek said in the Atlanta suburb of Druid Hills there are speed bumps, so that it can't be illegal to have them. Thomson addressed the problem and said that the City was looking into ways to solve the dust problem. He said there are a couple of products that can be sprayed on the rocks to eliminate the dust. He said one of them was being used in Iraq. Mark Williams said the cost of the first application was about $3500 and the second application cost about $1000. 1 of 11 1 1 Thomson asked Toporek if he would meet with Williams and see if one of these products would be suitable. Buelterman said that takes care of the dust problem but what about the speeding. Mayor Parker asked Thomson to talk with the Chief of Police and for them to get a defmite answer regarding the speed bumps. Thomson said he would talk to the DOT District Engineer. Sessions said there is also a speeding problem on Van Horn and Campbell. Youmans said he doesn't understand how anyone can speed on Solomon as it is full of potholes. He said the rocks were put down by a previous Council Member. Denise Vernon, President of the Tybee Arts Assn, spoke in place of Mary Ingals, who was out of town. She asked for approval for the ninth annual Festival of the Arts on October 15th and 16th at the pier. She also asked for about fifty parking passes for the participants of the festival. Vernon also thanked the Council for their help and support for the Alice in Wonderland production and said she had a check for the City. Vernon introduced Rebecca Rice, who is the Chairperson of the Tybee Turtle Tour. Vernon proposed that the City sponsor one turtle for placement at City Hall. She said it would be painted by local artist, Sally Bostwick. She said the amount for sponsorship is $5000. Mayor Parker thanked Vernon and said they would take that issue up at the proper time. Bernie Goode asked Council to consider opening the cemetery in Memorial Park. He said it was closed in 1922 and no one has been allowed burial there since. He suggested, that since it is so small, limit it to cremations and have the urns placed in a columbarium. Mayor Parker said he couldn't remember exactly what happened but thought it might have to do with the health department. Mayor Parker said he had several announcements. There will be a Community Build at Jaycee Park on Saturday, August 13th to install the playground equipment. He said they will start at 7:30 AM., and drinks and hot dogs will be provided. He said the funds for this project came from the SPLOST fund. Parker said they also need some volunteers on Friday afternoon to separate nuts, bolts, and screws. Parker said on August 18th at 7:00 PM., there will be a workshop for the Beach Management Plan at City Hall. On August 19th, there will be a Water First Forum at City Hall at 10:00 AM. Parker said all events were open to the public and invited everyone to attend. Mayor Parker opened the following public hearings, asked for comments, and then closed them, according to law. Dick Smith, Chairman of the Planning Commission, presented a request for a sketch plan approval to recombine three lots and then subdivide into five lots at 1318 Solomon Avenue, PIN 4- 0026 -02 -018 Robert Groover, petitioner. Smith said the PC approved the request. Smith said Groover plans to use the front two lots for commercial and the back three for residential. Sessions asked if it was too early in the process to ask what would be built on these lots and about the access to the lots. Smith said the access on two of the lots would be off of Highway 80 and DOT would mandate what would be done there. Hughes said it was not too early to find out the use and said he thought Council was entitled to know. Buelterman asked if access would be from Highway 80 or from Solomon Avenue. He said some of the residents on Solomon were concerned and they had heard that these back lots would have duplexes. Buelterman said two of these lots would be irregular shaped and we have people coming in for variances stating their hardship is the irregular shape of the lot. He asked Groover if he anticipated any variance requests, and Groover said no. Buelterman suggested that maybe they could put something on the plat that no variances would be approved. Wolff said two of the lots face Solomon and they would need to have a 60 ft. frontage and only one does. Groover said the requirement is for the building line to be 60 feet, and we have that on these lots. Hughes said he doesn't find where it 2 of 11 1 1 states that the frontage has to be on the property line but on the building line. Parker asked Dee Anderson if he had that section of the Code. Anderson said in Section 10 -080 Design Standards, Sub Section F and under that it is #6. Hughes said that just says on the building line. Anderson said that was all he could find in the Code. Phyllis Peavy, a resident across the street from this project, said she really didn't have any objection but hoped that they would build only single family homes. She said she also hoped that they would access the property from Highway 80 and not Solomon. She said we have enough traffic on Solomon with all of the trucks going down that street. She said she thought it was a safety issue. Peavy said there is a very large oak tree on the property and she hopes they can design the building so that the tree won't have to be removed. Pam O "Brien asked if duplexes could be built on these lots. Wolff asked what the zoning was on these lots. Anderson said the front lots are C2 and that back part of the rear lots is R -1 -B. Sessions asked, if you have split zoning like that, what zone would you use. Hughes said the Code says you use "the least intense land use ". Hughes said if you have a lot that is part C2 and part R -1 -B, then the entire lot would be R -1 -B. Wolff asked Groover if he would be agreeable to dedicating the back three lots as R -1 -B. Groover said he would have to research a little more, and that if he could put duplexes there he wouldn't want to promise to put single family. It was determined that as it stands, the back three lots would be R -1 -B and the front two would be C2. Sessions said Groover stated before that he couldn't guarantee that he wouldn't come back for a variance on the irregular lots. Mayor Parker closed this public hearing. Smith present a request for a 15 ft. variance in the front setback at 3 A 18th Street, PIN 4 -0009- 06 -039, Stephen Jones, petitioner. Smith said all of the other buildings on this street are about this far into the setbacks. He said Barry Brown recused himself from this discussion and vote because he owns the lot. Smith said there is a 4 ft. setback on the lot to the East and 8.9 or 9.9 ft. setback on the lot to the West. Smith said the 200 ft. rule would apply for part of this and the PC voted to approve this request. Buelterman asked about the hardship with this property. Smith said to be in line with the other structures and to have a view of the ocean down the street. Sessions asked if we gave the petitioner a copy of the ordinance dealing with the hardships for approving variances. Anderson said the application has been modified and there is a space for the petitioner to state what the hardship is. He said we also give them a copy of the entire section on variances. Sessions wanted to know if this was given to Mr. Jones. Anderson said he didn't recall but the change was just made after the last meeting. Hughes read the Section 5 -090 dealing with the hardships. Youmans said no one has the same idea of what a hardship is and there is no definition of hardship. In reference to the 200 ft. rule, Hughes said they already have the benefit of that and they are asking for five more feet. Mayor Parker closed this public hearing. Smith presented a request for mixed use in the C 1 Zone for 11 Tybrisa Street, PIN 4- 0008 -04- 010A, Eldo Hartz, petitioner. Smith said this structure is the old Carbo House and the PC approved the request with the provision that Hartz limits the commercial use to the front part on the first floor and residential in the rear of the building and either residential or commercial on the second floor. Sessions asked if there was parking in the rear and Hartz said yes there is plenty of parking back there. Hartz said the front of the building would be dedicated as commercial and the rest of the structure could be either. He said there would also be handicap access on the west side of the building. Hartz said a sprinkler system has been installed and the electrical system is to be brought to commercial code. Randy Collins, a resident of Izlar Avenue asked if there would be increased traffic. Hartz said that he thought the commercial uses would be pedestrian friendly and didn't think traffic would be increased. Mayor Parker closed this public hearing. Smith presented a request for a conceptual site plan for condo units at 1508 Butler Avenue, PIN 4- 0008- 03 -OO1D. Brass Rail Villas, LLC., petitioner. Smith said this also included a request for a subdivision. He said the PC voted to approve. Smith said that Mr. Chu has agreed to leave the 3 of 11 1 frontage along Butler Avenue as commercial and his proposal is to leave it as green space. Sessions said she thought that in that area the bottom level was to be used as commercial and the top as residential. Hughes said that is correct if it is used at all. Chu said that his first plan included commercial use on the lower level and with no setback required, build up to the walkway. He said the final plan calls for subdividing that commercial space, cutting the number of units to 21, and leaving the commercial space along Butler as green space and never building on it. Buelterman said there seemed to be a loophole in the ordinance that allows this. He said he thought the purpose of the ordinance was to encourage commercial use in this zone. Sessions said how is it a loophole; it is only a loophole if we vote for it. Hughes said he is not violating the ordinance. He said the distinction is where you draw the line where it abuts Butler or Tybrisa. Hughes said, with the subdivision, you could not build multi - family on the ground floor on that part. Wolff asked if the ordinance stated that anything within 60 feet of Butler Avenue has to be commercial. Anderson said in Section 4 -050 Sub. E, C1 Beach Business District, there is nothing in ordinance that addresses that. Wolff said it says, `on lots abutting Butler Avenue" and he thought the understanding was, when this was passed, that the lots were 60 feet deep. Buelterman asked what wording would be required in the ordinance to prevent this from happening again. Parker said that is not the issue before us now. Chu said they had measured the buildings along Butler on either side of his property. He said by going 50 feet they are further off of Butler that the existing uses are. Chu said he thought the City was looking for green space. He said if they wanted commercial, he would put in stalls and additional units over them. He said you can't have it both ways. Sessions asked if this would be public space or just for the residents of the condos. Chu said he tried to give it to the City but they don't want it. He said it will be green space, never to be built on unless the City wants to make it commercial. Wolff asked about the driveway and curb cuts. He said the plan shows 74 feet. Chu said the cut is only 24 feet, and you can only enter by traveling north. Chu said there is one cut already there. There was discussion as to whether make it exit only. Chu said the DOT dictates what is to be done as Butler is a State highway. Wolff said it looked like the City would lose five parking spaces. Chu said whatever the State and the City wants, they would do. Freda Rutherford said that Council should be in receipt of her letter asking Council to table this request until they could review the request for a text amendment to require a special review before approving plans such as this. Sessions said she would like to have Hughes opinion of the letter we received without going into details of the letter. Hughes said that would be hard to do. He said the letter concerns whether a conflict exists with Mr. Crone. The issue is that Mr. Chu is involved in this project and Mr. Crone works for Mr. Chu. Hughes said this issue was address in May. He said even if Crone worked directly for Mr. Chu, there would not have been a conflict in his voting on the text amendment. If Crone did work directly for Mr. Chu, there would be a conflict in this issue. Hughes said, he understands that Crone does not work directly for Mr. Chu, but for an entity that is owned by family members of Mr. Chu. Hughes said he had told Crone that it would not be against our ethics ordinance for him to vote, but if he felt uncomfortable voting, it would be up to him. Hughes also said that he suspected this application had been submitted before the text amendment request and would not have been affected, even if the text amendment had been adopted. Parker closed this public hearing. Smith said there is one item that was held over for more information from the July 14th meeting for a dune crossover at 1213 C Bay Street, for Elk Property Development. Smith said there was a question as to who owned some of the property along this proposed walkway. Jeff Cramer, representing Lou Keitzman, said after researching the records, they found that they do have access to the crossover next to this property. He said they originally wanted just to rebuild that existing crossover. Cramer said the DNR agrees that rebuilding is the best plan. He said it would be open for the residents of that street. Wolff said for clarification, that the crossover would be open to the other residents of that little street and would go seaward of the dunes. Cramer agreed 4 of 11 1 1 1 and said that some of the neighbors had agreed to help with the rebuilding. Keitzman said that the Sisters of Mercy residents would have a fence or gate to close off their portion of the walkway. Anderson said the original proposal was to build a separate crossover on Keitzman's property and this proposes to use the existing crossover. Mayor Parker closed this public hearing. Mayor Parker opened the meeting for business legally presented. Wolff motioned for approval of the Festival of the Arts, with fifty parking passes for the participants, Buelterman seconded. Vote was unanimous. Mayor Parker asked Thomson to research the reopening of the cemetery. Parker suggested that Thomson contact the Health Department first, however he said he didn't think there would be any health issues as they were not planning any burials. Youmans said that we need something drawn up as to who could be buried there, before we approve this. Youmans motioned to approve the sketch plan for the recombination and subdivision of 1318 Solomon Avenue. The motion failed for lack of second. Sessions motioned for denial, Buelterman seconded. Buelterman said he thought that this would create property which would qualify for a variance request in the future because of the shape of the lot. Vote was 4, Wolff, Sessions, Buelterman, and Crone, in favor of denial, and 1, Youmans, opposed. Buelterman motioned to deny the variance request for Lot 3A 18th Street, Sessions seconded. Anderson said that they asked for 15 feet so as not to confuse the issue. He said they could give ten feet with the 200 foot rule, and this variance was actually only for five feet. Vote was 3, Wolff, Sessions, and Buelterman, in favor of denial, and 2, Youmans and Crone, opposed. Wolff motioned to approve the special review for mixed use at 11 Tybrisa Street, with the condition that the front three units be used for commercial, Buelterman seconded. After a suggestion from Anderson, Wolff amended his motion to all units on the front be used for commercial, Buelterman accepted the amendment. Vote was unanimous. Youmans motioned for approval of the conceptual site plan for 1508 Butler Avenue, Crone seconded. Buelterman asked if there was any violation of the code as it is now written. Hughes said not as he understands it and if the motion includes the subdivision of the property. He said this would not work if the property was not subdivided. Hughes said that is part of the plan. He said one option is to add onto the subdivision plat that the separated twenty feet is perpetually dedicated to green space. Buelterman motioned to add that to the original motion. Youmans accepted that amendment. Buelterman asked what could be done to prevent this from happening in the future. Hughes said a minimum lot size in the C1 Zone could be implemented. Buelterman asked to send that to the Planning Commission for their next meeting. It was agreed. Sessions asked Hughes how this was misinterpreted. She said you were on Council when this was originally brought up and you were on Council last year when they approved this amendment to require businesses on certain streets in the C 1 Zone. She said you understood what the intention was, to keep businesses on that street. Sessions said if there was a loophole, why didn't we see it then. Hughes said he had never been on Council, and there is no loophole. Hughes said the request is to subdivide off the part of the property that abuts the street. He said without the subdivision, there can be no development that doesn't adhere to the provision that requires the bottom floor to be commercial. Hughes said you could prohibit subdivisions of lots that abut Butler or Tybrisa, or other streets that are covered under this provision. Sessions said we had an opportunity to address this issue at the previous meeting. She said it was a three to three vote, and Parker voted against trying to do something at that time. Parker said it did not address this particular issue, and Sessions disagreed and said it did. Sessions said she would like to see some 5 of 11 1 1 suggestions forthcoming from Parker soon as to how this issue could be addressed. Crone asked what the area that the ordinance pertained to in the C 1 Zone. Hughes said from 14th Street to Izlar Avenue. Vote was 3, Youmans, Buelterman, and Crone, in favor, and 2, Wolff and Sessions, oppose. Buelterman said that it is going to the Planning Commission. Wolff motioned to approve the amended plan for the crossover for 1213 C Bay Street, Buelterman seconded. Vote was unanimous. Wolff motioned for approval of the minutes for the July 7, 2005 10:00 AM Special Council Meeting, Crone seconded. Vote was unanimous. Wolff motioned for approval of the minutes for the July 7, 2005 7:00 PM Special Council Meeting, Crone seconded. Vote was unanimous. Wolff motioned for approval of the minutes for the July 14, 2005 Special Council Meeting, Sessions seconded. Vote was unanimous. Wolff motioned for approval of the minutes for the July 14, 2005 Regular Council Meeting, with a correction. He asked that on page 8, the words "or more" be added after "5 units ", Sessions seconded. Vote was unanimous. Thomson presented a request for budget adjustment that he said were an assortment of revenue adjustments, and if anyone had any questions, he would attempt to answer. Wolff said he had a question about the skate park. He said it has gone from $40,000 to $75,000. He said he would like to know where we stand on this project and how we got to $75,000 from $40,000. Thomson said that issue is further down on the agenda but he would address it now if Council wanted. Wolff motioned to approve the adjustments except the skate park, Buelterman seconded. Vote was unanimous. Buelterman said the City now has eight Crown Victorias and we are selling three of them. He said there are also other vehicles that need to be replaced in the next year. Buelterman said we should have a policy in place that takes fuel economy and environmental issues into account when we replace vehicles. He said in replacing a Crown Vic with a Honda Civic would save the City $6000 in fuel cost alone. Buelterman said he had written a policy that addresses this issue. There was some discussion as to hybrid vehicles and the type of maintenance required. Buelterman motioned to approve the policy and if there is an issue at the time of purchase, it can be brought before Council, Wolff seconded. Vote was 4, Wolff, Sessions, Buelterman, and Crone, in favor, and 1, Youmans, opposed, saying he didn't like little cars. Buelterman said he would like for the Parking Service Department to look into obtaining solar powered parking meters for the North end of the Island, along Polk Street. He said in that way we could recognize some revenue from that end of the Island. Buelterman said these type of meters don't require electricity, you can use change, bills, or credit cards, and one would serve about twenty spaces. Thomson said a lot of research has been done and that is one proposal that is to be included in the next budget. Buelterman said that we all have heard about the County officials going to Hawaii and getting into some trouble about it. He said he would like to see a policy in place where elected officials have to have Council approval before traveling outside of the State. Buelterman so moved, Crone seconded. Vote was 4, Wolff, Sessions, Buelterman, and Crone, in favor, and 1, Youmans, of 11 1 1 1 opposed. After some discussion, Buelterman motioned to add staff, Crone seconded. Vote was 4, Wolff, Sessions, Buelterman, and Crone, and 1, Youmans, opposed. Wolff proposed that Council approve inviting a professional team from DCA to come and look at Memorial Park and a managed growth program. He said it would be similar to the team that came and recommended changes and gave ideas on the storm water management. He said he would also like them to look at the North Beach parking and access so that we would qualify for Federal funding on a ongoing basis. He said there is a DCA representative here tonight if anyone has any questions. Wolff said he was asking for an amount not to exceed $10,000 for room and board for the team. He said we have $230,000 in contingency and the money could come out of that. He said we could limit the number of people on the team. They would be here for five days and we would need to house and feed them. Wolff said he would so move. Sessions seconded for discussion. Sessions said that Thomson was to have details of plans for the South end and asked if he had that. Thomson said HDR has offered to do two or three projects but there would be additional cost associated with that. He said they would talk to the individual Council Members. Sessions said she meant what were the immediate steps we could take to improve the South end ourselves. Thomson said we would be sending out a request for proposals and have the responses back within thirty days as to what could be done in the scope of the proposal. Sessions said that we would not be doing anything ourselves is what she is hearing. Thomson said we would be asking what we could do in the off season without getting in the way of planning and/or engineering. Thomson said the TEA Grant would be $175,000 for Tybrisa but we have to bid that out. Vote on the motion was 2, Wolff and Sessions, in favor, and 3, Youmans, Buelterman, and Crone, opposed. Buelterman asked how did we arrive at the amount of $10,000. Wolff said that would be the maximum. He said the cost of the storm water resource team was less that $2000 but these folks won't room together as the resource team did. Steve Gavigan from DCA in Savannah spoke to Council and gave a brief report on the cost of the team's visit and work in Camden County. He said the total cost for that was $6,854. and that covered between thirty and forty people. He said they have a web site, which has a report of all of the outsourced programs that they have done. He said from that you can get an idea of what to expect from the visit here. Parker suggested that Buelterman and Wolff get together, go to the web site, go over the reports, and see if you can come up with a revised plan. Wolff said that there is a backlog of this type of award and November is the earliest we can get them here. Buelterman motioned that we allocate $5,000. to this and if the cost is above that, then come back and see if there is money for the overage, and get people to donate meals and such, Wolff seconded. Crone said we had a study done similar to this several months ago and we haven't done anything about it. Wolff said we had amended some ordinances dealing with storm water management. Vote was 3, Wolff, Sessions, and Buelterman, in favor, and 2, Youmans and Crone, opposed. Sessions said we had a vote and that vote was declined, and then we had another vote. She said at the last meeting she tried to make a motion after one motion failed and Parker said it was unacceptable. Sessions asked why the rules were different for other people than they are for her. Sessions said the motion was that in the C 1 District, you could build single family, duplexes, and up to four units and anything over four units would have to come for a special review. She said that was a tie vote and Parker broke the tie by voting against. She said that earlier, Parker and Buelterman had said they would support anything over ten units. She said she made a motion to that effect and Parker said no, we had already voted. Parker said he didn't remember that. He asked Hughes if this was irregular. Hughes said you can entertain a motion when you recognize a person making the motion. Hughes said he couldn't remember and he hadn't seen the tape. He said there was a lot of discussion on that issue. Parker said if he did something improper, he apologizes. Sessions asked if that could be put on a future Council Meeting. Parker said we 7 of 11 1 1 certainly could. Hughes said he thought it should be re- advertised and since there were issues about people receiving notices, we should do everything we can to make sure people are notified. Hughes said the staff would need some guidance regarding whether they are to mail notices or not. Sessions said she thought big colorful notices should be posted throughout the C1 District. Hughes said there was a question from staff about the setbacks for mixed use, commercial and multi family, in the C 1 District. He said the setback requirement is different, depending on the use. He said he thought, since the ground floor would be commercial, you would use that requirement. He said that would mean the first floor would be line to line and the second floor would be indented. Wolff said he thought it should be a twenty foot setback for the residential use, and that way there wouldn't be a wall right on the property line. Hughes said we need to address this so that the intent is clear. Hughes said he would draft an ordinance that the setbacks would be required, if that is the consensus. He said then it could go to the Planning Commission, be advertised, and then come back to Council. Wolff so moved, Sessions seconded. Vote was unanimous. Mayor Parker called for a five minute break. After the break, Mayor Parker called the meeting back to order. Hughes presented a draft of an ordinance restricting bicycle traffic on Jones Avenue except to cross. Hughes said signs would be placed along Jones informing people that they are to ride on the bike trail or other streets that are not as well traveled as Jones. He said this would be first reading. Youmans motioned for approval, Wolff seconded for discussion. Wolff asked if there would be adequate signage and how far apart they would be. Thomson said the signs have been ordered and should be posted once every block. Thomson said they would be posted on both sides of the street and have the international symbol for no biking. Buelterman asked how Jones was selected for this. Parker said Jones Avenue is hazardous and narrow, and the bike trail is so close to Jones. Sessions asked if this would include the mopeds and scooters. Youmans said people on bicycles may be five wide going down Jones. Sessions said you could also have side by side riders on mopeds. Wolff suggested that we add Segways, mopeds, and other battery operated vehicles to the ordinance. Thomson said he lives near Jones and often sees people taking their children riding down Jones. He said children don't make that choice and he thinks people are putting the children at great risk. Vote was 3, Wolff, Youmans, and Crone, in favor, and 2, Sessions and Buelterman, opposed. Hughes said he would like to table the MRS issue and handle it at the special meeting. Hughes said he had talked with Bill Lovett, who said he had some documents from the contractor regarding the change order for the blocks on the gym. He said he would to postpone this item until he has a chance to review these documents. Thomson said he has given Council an outline of what he is proposing to be sent to engineering firms. He said it is a request for information. He said this is not in response to anything the current firm is doing or not doing. He said it is a good idea to see what other firms propose. Thomson said we are asking firms to have experience in coastal areas, environmental issues, and client lists. Everyone was satisfied and agreed by consensus. Thomson said we have been working toward having a skate park for quite some time. He said the company that was to do the park sent plans that did not have an engineer's seal. He said he would like approval to send out requests for proposals for the park with an engineer's seal. 8 of 11 1 1 Buelterman said he took full responsibility for the failed project. He said he thought he had found a company that would work with us, and had received pledges of donations from people. He said we have donations promised of $19,500 that he said he is confident that we can still get. Buelterman said he would recommend that we allocate $80,500 from SPLOST to add to the $40,000 we already have and the $19,500 donations. He said this would total the $100,000 that it would cost to do the park with engineering approvals. Wolff asked if Hussey, Gay, and Bell didn't promise to review the plans. Thomson said that after looking at the previous plans, HG &B said they didn't feel comfortable approving the plans for the bowls. Sessions asked if we had an action plan. Buelterman said that is what the RFP's are for. He said the plan is to put it out for bids and tell them we have the land, the space, and here is how much money we have. Sessions asked if we were going to tell them how money we have. She said she thought they would tell us what they could do and how much it would cost. Thomson said we have the land and it is not his intent to give out the amount of money we have and ask them what they can do for that. Sessions agreed. Wolff asked why we couldn't use the plan that the first company drew. Buelterman said that was not a complete plan and they didn't have everything we needed. Sessions asked if Jason Nobles was involved in this project. Buelterman said he is not but should be. Hughes said what we should do is to send out proposals for a design build project for the number of square feet we have and make sure they are bonded, and see what we get. Buelterman agreed and so moved, Sessions seconded. Vote was unanimous. Thomson said about six or nine months ago, we received a Georgia Forestry Grant. He said since that time, we have done a lot. He asked if Lawanna Tsoulos, Chair of the Eco- Tourism Committee, could give Council a brief status report on these activities. Tsoulos said her committee has been very busy. She said they had several City right of ways surveyed for possible use for green space. They had worked to enhance several established nature walk ways, one being the Sally Pearce Nature Trail. They have held several workshops on establishing green space. Tsoulos said this is just a few of their activities. She said they are developing a grant brochure, which will be fmished by the end of the month. She said they had surveys done on Inlet, Ally 3, and part of the unopened right of way of Miller Avenue. Mayor Parker asked why are we surveying Inlet now; he said that was done not too long ago. Thomson said he was not aware of an existing survey, but by surveying now, some encroachments have been identified. Tsoulos said there appears to be some encroachment on Ally 3 and the kayakers are having trouble putting in there. Thomson said that the Federal Government has started a program of public announcements called, "Break the Grip on the Rip ". He said the Tourism Council said they would be interested in having some of this information in their areas. He said people from NOAA would come and speak to us, and then, we would be included on their website. Thomson said that this would at no cost to the City. Sessions asked if this would be the proper time to address some of the issues that were brought up in letters that were sent to the City. She said one is the letter that was sent to the Safety Director, Jimmy Brown, regarding our lifeguard policy. Sessions said it required a response by a certain date. Thomson said that he had asked that group to come and review our lifeguards. He said they given a review of the policy manual and the only thing that is not included now is the policies on operating the boat that was just purchased. Thomson said the Police Chief and the Fire Chief are working on that policy now. He expects to respond by the end of the month. Sessions said she thought it was a great thing and just wanted to make sure we followed up. Buelterman motioned to approve on second reading the text amendment to the LDC Section 5- 090 - After the Fact Variance, Wolff seconded. Vote was 4, Wolff, Sessions, Buelterman, and 9 of 11 1 1 Crone, in favor and 1, Youmans, opposed.. Hughes said this does have the insertion of not applying to existing non - conforming structures. Wolff motioned to approve on second reading the text amendment to the LDC Section 6 — Signs, to allow banners to be installed earlier than thirty days prior to an event with Council's approval, Buelterman seconded. Vote was 4, Wolff, Sessions, Buelterman, and Crone, in favor, and 1, Youmans, opposed. Mayor Parker said the second reading for the water rate increase had been tabled for more work. Wolff motioned to approve on second reading the text amendment to Section 5 -2 -8 - Weed Ordinance, Sessions seconded. Buelterman said there should be a standard for this that other cities use. Buelterman said he didn't understand it and the people in Zoning Dept. said they didn't understand it either, and that it would be very difficult to enforce. He said there is an International Standard for Property Maintenance and why couldn't we do something similar to that. He said this has been in and out for ordinance amendments. Buelterman said people could not understand the different species and wouldn't know what to do. Wolff said the current ordinance is so restrictive that we have people shooting squirrels. Parker said you can't shoot in the City. Wolff said he agrees with Buelterman in that it needs work but thought we should pass this and then work on it. Youmans said if we don't agree with something, we shouldn't pass it. Buelterman said maybe someone can come back with something better, but he can't vote for this one. Vote was 2, Wolff and Sessions, in favor, and 3, Youmans, Buelterman, and Crone, opposed. Buelterman motioned to approve on second reading the text amendment to Section 11 -3-4 - Noise Ordinance, Wolff seconded for discussion. Wolff said he would like to amend this amendment to exempt residential use of lawn mowers, so it doesn't cover commercial landscape companies. He said that way it wouldn't discriminate against contractors. Wolff said the intent is not to prohibit homeowners from cutting their lawns before it gets too hot. Crone said he thought the intent was to cut down on the noise. He said lawnmowers make a lot of noise. Crone said a lawnmower makes a lot more noise that a contractor's nail gun. Buelterman said "when he realized he had voted for an ordinance that kept him from cutting his grass before 9 AM on a Saturday morning, he realized he was an idiot ". He said he thought they were talking about construction not residential use. Buelterman accepted the amendment to his motion. Council agreed that a contractor may cut his own grass before 10 AM but may not cut someone else's grass before 10 AM. Vote was 3, Wolff, Sessions, and Buelterman, in favor, and 2, Youmans and Crone, opposed. Sessions said she didn't understand the letter for DOT, dated July 28th regarding 2nd Avenue, and what they said they couldn't do. Thomson said he had discussed this with the DOT Engineer, Gary Priester, and he said that the crosswalk would be too close to the curve. Sessions said she was talking about Second Street now. Thomson said sometimes they take longer to respond to a request than they do to respond to others. He said basically they have said no. Sessions asked if we had that in writing, and Thomson answered no, but he would get them to put in writing. Thomson said if they say no in writing, then we might go down the avenue of political help. Youmans motioned to go into Executive Session to discuss litigation, personnel, and real estate, Sessions seconded. Vote was unanimous. Youmans motioned to return to Regular Session, Wolff seconded. Vote was unanimous. 10 of 11 1 There being no further business, Mayor Parker adjourned the mee i . Diane Sikes Clerk of Council Walter W. Par er Mayor 11 of 11 1 1 1 5 -090 f ORDINANCE NO.p to®5--' g 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 , Section(s) _, be _ to read as follows: After the fact Ordinances Section 1. Section 5-090 is hereby amended to read as follows 5-090 VARIANCES (A) Standards. After an application has been submitted to the Zoning Administrator , reviewed by the Planning Commission, and a public hearing has been held by the Mayor and Council, the Mayor and Council may grant a variance from the strict application of the provisions in this ordinance only if the following findings are made: (1) That there are unique physical circumstances or conditions beyond that of surrounding properties; including irregularity, narrowness, or shallowness of the lot size or shape, or exceptional topographical or other physical conditions, peculiar to the particular property; and, (2) That because of such physical circumstances or conditions, the property cannot be developed in strict conformity with the provisions of the zoning ordinance, without undue hardship to the property. (B) Height Variances. For height variances, in addition to other requirements, the petitioner shall be required to add two feet (2') to each side yard set back for each one foot (1') above thirty -five feet (35') in height and have safe -guard consisting of Sprinlder Systems, Smoke Detectors and any other Fire Protection equipment deemed necessary at the time by Mayor and Council. Where a rear yard abuts a side yard of the adjacent lot, the petitioner shall be required to add two feet (2) to the rear setback for each foot above the thirty-five feet height, and have safe guards consisting of Sprinlder Systems, Smoke Detectors, and any other Fire Protection deemed necessary at the time by Mayor and Council. (C) Variance Longevity. After a variance has been granted by the Mayor and Council it shall be valid for a period of twelve (12) months from date of approval. Such approval is based on information provided in the application. Building permits may only be granted for plans consistent with the approved application. Any deviation from the information submitted will require separate approval by mayor and council. (D) The staff, planning commission, and governing body, shall consider the factors stated herein in reviewing variance applications in taking action on a particular variance. In exercising the powers to grant variances, the mayor and council may attach any conditions to its approval which it finds necessary to accomplish the reasonable application of the requirements of these regulations. (ORD. 1999 -27; 08/12/99) (E) Notwithstanding any other provisions of the Code of Ordinances, the staff of the Community Development Department through its department head may approve applications for variances without the need of public hearings and without the need of review by the planning commission or the Mayor and Council as follows: Page 1 of 3 1 1 1 5 -090 f I. When either of the following circumstances exists: a. The proposed improvement of alteration will not result in an expansion of the existing footprint of the existing structure; or b. No additional encroachment into any setback shall be created by the proposed improvement, construction or addition; II. When each of tea following circumstances also exists: a. No encroachment or construction of habitable space or other prohibited improvements will exist beyond the flood elevation; and b. The requested improvements or construction will not violate existing zoning provisions. This subsection shall have specific application to existing non - conforming structures as referred to in Title 8, Article 3, Section 020. If the staff of the Building and Zoning Department finds that the request needs or should have additional review for any reason, it may request review by the Planning Commission and if the request is approved or rejected by the Planning Commission then the Planning Commission's determination shall control. For purposes of this section, a public hearing before the Planning Commission shall not be necessary. If the staff of the Building and Zoning Department declines an applicant's request the applicant may apply for the granting of a variance which will follow the procedures applicable to variances in general specifically, those procedures described in Title 8, Article 3, Section 020 and Section 090 as well as the public hearing requirements referred to in Title 8, Article 5, Section 060. In the event the staff request review by the Planning Commission and the Planning Commission rejects the request, the applicant may apply for the granting of a variance and follow the procedure applicable to such request before Mayor and Council. (ORD. 2002 -08; 5/9/2002) 6A.A.9 l ?L! 961 9,9 - 1�_S Q� ±1 ®'" sl:[li�'% '1= fl �'1. tt � '.e t.• s' "".- - ?; ,.jig a'{,. ' r '-' `v� ..* '%�i n 11,611 .! MU e.l_4. ALAI a ` =y,6 !al 1 ©k -o L .m ` se, _ . • • . 1 c a m` e?i�.1 di. 1 'r Iq<10 °11% s�`i`��et%! 3.4 11 Ifi M . ",!, Selle .L..Wk,._'� CM 1 % Beo ;-.10 1 11 Ysk i 6 s :1 :y0 'r6 • h➢. t 1 i`e.0. .. h1 1 11 .._ kkAl!.- AA.i?..A9 9. I3,,. ! ®., . • . =] $ I. 6] -.1 ._ ..�• € _1, -._1 ^ 1 * -5 4 • 8 4.0 �.:`. C # c - ; • * - . .. 1 n� °4 a 4 r + li.''..4 kl a el .i 1 01 ei ! Li A .. c °x711 11 se:S93 / : 014,: .s h of 10 1 s 11,j4, 11. 1 .LI!. QC 1 011:k ?1 ".11 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. Page 2 of 3 Mayor Walter W. Parker Diane Sikes, Clerk of Council 1st Reading: July 14, 2005 2nd Reading: August 11, 2005 Enacted: 1 1 5 -090 f Page 3 of 3 1 STATE OF GEORGIA COUNTY OF CHATHAM ) AFFIDAVIT PERSONALLY appeared before the undersigned attesting officer, duly authorized to administer oaths, k)4,'' W P,4ez i�2 , who after being duly sworn, deposes and on oath state the following: (1) I was the presiding officer of a meeting of the Tybee Island City Council held on the / / day of w_c , 2005. (2) That it is my understanding that O.C.G.A. §50- 13 -3(b) provides as follows: When any meeting of an agency is closed to the public pursuant to subsection (a) of this Code section, the chairperson or other person . presiding over such meeting shall execute and file with the official minutes of the meeting a notarized affidavit stating under oath that the subject matter of the meeting or the closed portion thereof was devoted to matters within the exceptions provided by law and identifying the specific relevant exception. (3) The subject matter of the closed meeting or closed portion of the meeting held on the / / of pc)-.5 k s T' , 2005, which was closed for the purpose(s) of I in' ,ytt 0 ^J toe, €o -✓•'e 1 Pee..Qas 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 i / day of ayor/Presiding Officer Sworn to and subsa ed before Me ,. 's /1 day of 2005 DIANE J. SIKES Notary Public, Chatham County, GA 14 Commission Expires July 8, 2007 1 1 1 6 -040 ORDINANCE NO. 4409,57- .9.„ 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 , Section(s) _, be _ to read as follows: Banners Section 1. Section 6-040 is hereby amended to read as follows 6-040 EXEMPTIONS; SIGNS NOT REQUIRING A PERMIT Exemptions shall not be construed as relieving the owner of such signs from the responsibility of complying with certain applicable provisions of this chapter. The exemptions shall apply to the requirement for sign permit only, and no sign permit shall be required for the erection of the following signs: (A) One sign not exceeding four (4) square feet per residential use indicating a resident's name and street address of the premises. (B) Traffic or other municipal signs, historic markers, legal notices not exceeding sixteen (16) square feet in sign area, danger, and such temporary emergency or non - advertising traffic control - guidance signs as may be approved by the city, or mandated by state or federal law. The city and state can not be hindered in its right to erect signs in its public safety role. (C) Signs not exceeding thirty-two (32) square feet in sign area and used in connection with political campaigns or a locally sponsored civic, cultural, health, safety or welfare campaign, provided that all such signs shall be removed within seven (7) days after the event or campaign. Such signs shall be located on private property. (D) Names of buildings, date of erection and commemorative tablets when cut into any masonry surface and made a permanent and integral part of the building. (E) Memorial signs or plaques not to exceed four (4) square feet in sign area. (F) Bulletin boards for public, charitable, educational, or religious institutions not to exceed fifteen (15) square feet; provided, such sign is located on the premises of said institution. Such sign shall be placed flat against the principal use structure or not less than five feet from any property line. (G) Signs identifying the architect, engineer, developer or contractor when placed on the site under construction, alteration, or removal not to exceed six (6) square feet when located within or facing residential zones and not to exceed sixteen (16) square feet when located in commercial zones. All such signs shall be removed from the site within seven (7) days after issuance of a certificate of occupancy. (11) One temporary non - illuminated real estate sign for each street frontage advertising only the sale, lease, or rental of the premises or property upon which said sign is located. For residential zones, such signs shall not exceed six (6) square feet in sign area; except, where multi -use establishments are involved then such sign may be increased in size to sixteen (16) square feet. Such signs shall be placed no closer than five feet from the street right -of -way line or shall be attached to the principal use structure. For commercial zones, the signs shall not exceed sixteen (16) square feet in sign area and shall be placed no closer than ten (10) feet from the street right -of -way line or shall be attached to the principal use structure. All such signs shall be removed within seven days after the property has been sold or rented. (1) Window signs. (J) Canopy signs. (K) Banners shall not exceed thirty-two (32) square feet in residential zones and one hundred and sixty Page 1 of 2 1 1 1 6 -040 feet in commercial zones when used in connection with political campaigns or a locally sponsored civic, cultural, health, safety or special event. Banners shall be placed no earlier than thirty (30) days prior to the event without permission from the Mayor and Council and removed within two (2) days of the completion of the campaign, event or exhibit. No banners shall be erected over any street, lane or highway of the City, nor shall a banner be attached to any tree or utility pole without approval from the Mayor and Council. (Ord. 2005- 08 -11)) 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 Diane Sikes, Clerk of Council 1st Reading: July 14, 2005 2nd Reading: Enacted: Page 2 of 2