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HomeMy Public PortalAbout20080626CCMeeting1 1 1 20080626 CITY COUNCIL MINUTES Mayor Buelterman called the Consent Agenda to order at 6:28pm. Council members present were Mayor Pro Tem Wanda Doyle, Charlie Brewer, Barry Brown, Eddie Crone, Dick Smith and Paul Wolff. Also present were City Attorney Bubba Hughes and City Manager Diane Schleicher. Mayor Buelterman listed the following items on the Consent Agenda: - Agreement with Chatham County for Canal Maintenance - Special Events Application: Sea Turtle Release by Burton 4 -H Center, Aug. 7 (1 -3p): waiver of $100 application fee, set up 6 -8 tables in parking lot next to TIMSC, parking passes for approx. 30 volunteers Special Events Application: Taste of Tybee by Savannah Area Chamber of Commerce, Aug. 21 (5:30-7:30p): waiver of $100 event fee and free parking for approx. 800 -1000 attendees - Amendment to agreement with CH2M HILL OMI: related to 30 day extension water meter reading (line item #505 - 4410 -52 -3850; $5,147) - Amendment to agreement with CH @M HILL OMI: 60 day extension of services at the wastewater treatment plant (line item #505 - 4310 -52 -3850; $9,366.33) - Request for our of state travel: ICMA Conference, Richmond, VA (line item #1320 -52 -3500 & 3700) - Alcohol License- Special Event (beer /wine): Taste of Tybee @ Tybee's Parker Pavilion by Savannah Area Chamber of Commerce on 8 /21 /08- Police Chief Price Approved - City Council Minutes: 6/12/08 - Proposed addendum to contract for uniforms for Public Works and W &S employees -G &K Services, Augusta, GA (line item #4210 -53 -1720, 505-4310-53-q720, 505- 4410 -53 -1720, not to exceed $10,000 /year) - Beach Renourishment 2008/2009: approval of letter to the DNR committing City to periodic tilling of the Beach at the City's expense after beach renourishment upon request by the DNR (line item # 6125 -54 -1402, est. cost is $10,000 annually /request) Mr. Wolff moved to go into Executive Session to discuss litigation, Mr. Smith seconded. The vote was unanimous. Mr. Wolff moved to end Executive Session, Mr. Brown seconded. The vote was unanimous. Mayor Buelterman called the regular meeting of the city council to order at 7:OOpm. Those present at the Consent Agenda were also in attendance for the regular meeting. Invocation and Pledge of Allegiance: Reverend Eddie Adkins gave the invocation. The Pledge of Allegiance followed. The following announcement s were made: Page 1 of 10 1 1 Mayor Buelterman presented an appreciation plaque from the Rangers of Alpha Company, 1st Battalion, 25th Ranger Regiment for the City's support of their water jump on June 10, 2008. Mayor Buelterman announced the Tybee Beautification Beach Sweep on July 5, 2008 at 6:OOam at the Pier. Mayor Buelterman thanked the Fire Department for doing a great job putting out the marsh fire on S. Campbell. Mayor Buelterman announced council seeking people to serve on the Historical Preservation Commission. He requested anyone interested to submit their application to Vivian Woods for council's consideration. Reports of Officers, Boards, Standing Committees and or invited guests: Brannyn Allen gave a report to council on Special District Financing. Mayor Buelterman recommended this information be discussed by council during their next work shop. Visitors: Ross Howard, president of Tybee Fest gave a presentation on the history of Tybee Fest. Maria Lancaster gave a report on the economic impact of Tybee Fest. Jeremy Scheinbart announced his candidacy for the 4th District County Commission. Ricky Barrow requested council allow Golf Carts to be used on Tybee. He said Georgia law provides the legality of it as long as certain provisions are met. Henry Levy requested an approximate $250,000 allocation in the budget to cover engineering fees that would confirm or tweak the figures that were previously given to council. Larry Nesbitt spoke in opposition to the proposed text amendment to 5 -090. Disclosures: Mr. Hughes explained the same disclosures and same results unless someone objects to the Recusal appeals from the First Reading. He said Mr. Brewer would still be recused for The South End Overlay District. Mr. Brown moved to approve the recusal appeals that were in place for the 1st Reading for the 2 "d Reading, Ms. Doyle seconded. The vote was Unanimous. Mr. Hughes explained for clarity that the issues concerned proximity of Ownership of some of the property owned by council members in the North End Overlay District and The South End Overlay District as being within 500 feet and causing a disqualification. Mr. Brewer actually owns property within the South End Overlay District so he cannot participate. Business legally presented: Mr. Wolff moved to approve the Consent Agenda items, Mr. Brown seconded. The vote was unanimous. Mr. Wolff asked if the former proposal included two crossing areas on Butler. Mr. Hughes said Yes you could only cross Hwy 80 or Jones Ave. in certain areas and we would probably want Page 2 of 10 1 to maintain that. He said in spite of the recent changes he believes DOT still has to approve it as long as it is a state highway. Council directed staff to look into how we can move forward on the possibility of legalizing golf carts. Mr. Brewer said Tybee has to be very careful about the restrictions placed on using Golf Carts on Tybee. He said being in that business they have to have their vehicles tagged and insured and he wants to make sure if a 16 year old driver injures someone or damages property he has the legal ability to cover the damages. Proposed 30 -day island wide amnesty period for Water and Sewer Utility customers without Meters to voluntarily report their status to the city in order to bring them into compliance- In Infrastructure committee recommended: Failure to act within amnesty period could result in a penalty of up to four years worth of the estimated calculated water bills of what they would have been plus the cost associated with being connected to the system and the meter. Mr. Brown moved to approve, Mr. Wolff seconded. The vote was unanimous. * ** Service Agreement with Republic Services: trash hauling for the two compactors in the South End District (line item # 540 - 4520 -52 -2113; $473.64 /haul /compactor -est. total based on 6 tons /haul): Mr. Wolff moved to approve, Mr. Brown seconded. The vote was unanimous. * ** Mr. Brown asked Ms. Schleicher if they needed to shift money around to complete the 14th St. Drainage project. Ms. Schleicher explained that they have $400,000 that has been shifted to SPLOST to cover drainage and $200,000 for roads. She said the $600,000 will cover the 14th Street drainage project but it would take a yearlong commitment. She said council could budget In the following years to get back on the accelerated schedule for the other drainage projects. Mr. Brown said even though we call this project 14th Street, it is being engineered to cover a Larger area including 10th, 12th 15th and 16th Streets. Ms. Schleicher said just the outfalls. Mayor Buelterman thanked Mr. Brown for staying on top of this project in the infrastructure committee meetings. Mr. Brown said no more band -aids. Ms. Schleicher said as the Fort Screven project nears completion, council can take left over money and transfer it to the drainage projects. Mayor Buelterman said that's assuming the change orders on Fort Screven are not significant. * ** Mr. Brewer asked for the financial trends from the last budget work session to be put on the overhead projector. He said in looking at the financial trends associated with departments. He said you can look at the graphs and see where the dollars are flowing over time. He said we are on an upward trend in spending in most departments. He said he is wondering at what point in time and what council will have to face turning that growth into leveling or a decrease in expenditures. He asked if this council is questioning expenditures enough. Page 3 of 10 Ms. Schleicher responded that the Community Development department upward trend represented the Tybrisa Project. She said Recreation and Culture represents that they have the YMCA contract and we are not operating the GYM. She said that's why we see such a drop in that department. She said the reason for Public Safety increases is the city's commitment to ocean rescue and also hiring full time firefighters as opposed to relying on volunteers. She said they are also spending more money for the baseline entry level salary for Policemen. She said Public Works reflects a big jump because it includes Beach Renourishment money. She said the city had a lot of deferred maintenance and we are spending a lot on it. Mr. Smith said he believes in the next few years as we catch up with the downward trend in the real estate market it will cause us to look very hard at our expenditures. He said the tax digest is a trailing digest that reflects what has happened. He said in his opinion when considering the millage for this year we are going to have to look at what we charge our citizens in property taxes. Ms. Doyle said under recreation and culture, number 13 of 18 in the budget she would like to see this council consider the 2008 budget in that particular column with two exceptions. 1st exception is the Royce Learning Center should be kept at $6,860 and Beach Bum should have $1,500 put under them. Mayor Buelterman clarified that Ms. Doyle wanted the budget to revert to the 2008 amounts with just the exception of the project read going from $3,430 to $6,860 and The Beach Bum Parade which was not listed because of a glitch going to $1,500 . 1 Mr. Brown suggested generating a pool of money for non profits and allowing the Hometown Coordinator and Board of Directors review their request for money and make recommendations as to how much they need. Ms. Allen said she had in mind to let the Better Hometown Coordinator get in and have sixty or ninety days to get established before having a board of directors established. Mayor Buelterman suggested that Mr. Brown's idea be taken on by the board for next year. Mr. Crone moved to approve the budget with Ms. Doyle's amendments. Mayor Buelterman explained that Mr. Crone made a motion to approve the budget and they will go over the amendments so that everyone will be clear on what Ms. Doyle's amendments were. Mr. Wolff seconded. Mayor Buelterman said the Eastern Surfing Association got $1,000 last year. Ms. Doyle said she didn't have a problem with that if it was in the 2008 budget. Mr. Brown asked if the capital outlay in the campground budget for 2009 was for the cabins. Ms. Schleicher said yes. Mr. Brown said he would like to pull the $227,800 capital outlay money out of the campground budget in order to see how the first six cabins perform. Ms. Schleicher asked if council would consider leaving the money in the budget to allow Mr. Hemphill to come back to council and request to construct the cabins in the winter. Mr. Brown said no. Mayor Buelterman asked Mr. Hughes how they should handle the motion to approve the budget. Mr. Hughes said the amendments should be taken first. He said the motion would stay on the floor and you would take up the amendment first. He said the amendment is to amend Page 4 of 10 the motion to reduce the capital expenditures for the campground cabins. He said you would vote on the amendment and it either passes or fails and then you go back to the main motion. Mr. Brown motioned to remove $227,800 from the capital outlay for the campground budget and revisit it in six months to reconsider. Mr. Smith seconded. The vote was Brown, Smith and Brewer in favor and Wolff. Doyle and Crone opposed. Mayor Buelterman broke the tie in favor of the motion. Ms. Schleicher said because of taking out the capital items we will need to amend his projected revenues. Mayor Buelterman agreed. Ms. Doyle motioned to go back to the 2008 budget allocations under recreation and culture with the following exceptions: project read /Royce Learning Center receiving $6,860 instead of $3,430; Eastern Surfing Association $1,000 and change the Beach Bum Parade Allocation to $1,500 with all the other items referred to in the 2008 budget column, Mr. Wolff seconded for discussion. Ms. Doyle amended her motion to accept the same funding level as they received in 2008 for a twelve month period. Mr. Wolff seconded the amended motion. Ms. Doyle said the two museums are included as well, Mr. Wolff agreed. The vote was unanimous. Mr. Brewer motioned to find a way to include $250,000 item in this budget for a study to analyze the toll road. Mr. Brown seconded for discussion. Mr. Brewer asked that council trim the other departmental budgets in order to come up with the requested amount. Mr. Smith asked if Ms. Allen thought Georgia Tech might participate in the study for free. Ms. Allen said they could ask Ga. Tech and UGA to try and locate partial funds or grants. Mr. Wolff expressed concerns on timing due to Tybee being put way down on the DOT list for widening the roads and he feels this cannot be accomplished until that widening project is completed. Mayor Buelterman suggested allowing the study if the contingency fund grows to the amount needed. Ms. Doyle said we have not gotten the results back from the class & comp plan and we do not know what that will mean for salaries. She said we do need the study but we don't need to allocate the money right now. Mr. Brewer said he would like to see them move forward on projects that will create revenue for the island. The motion failed with Brewer voting in favor and Brown, Doyle, Crone, Smith and Wolff opposed. Mr. Smith clarified that Ms. Allen would still contact Ga. Tech and UGA to try and locate funds for the study. Mayor Buelterman said there is a motion on the floor to approve the budget as a whole with the amendments that have been approved separately The vote on the approval of 1s1 Reading of the budget was Wolff, Doyle, Brown, Brewer and Smith in favor and Crone opposed. * ** Ms. Doyle moved to reconsider the previous motion, Mr. Crone seconded. Ms. Doyle said when she voted to approve the budget she approved taking the money out of the campground. Mayor Buelterman said that is basically correct. She said she should have voted against it. She asked how she can vote to approve the budget when she disagrees with that amendment. Mr. Hughes explained that the record reflects Ms. Doyle voted against the amendment unless she votes against the whole budget because she feels that strongly about that particular item. Ms. Doyle said she does feel that strongly about that item. Mr. Hughes said council will have to make the motion to reconsider the budget. The vote was Doyle, Crone and Wolff in favor and Page 5 of 10 1 Brown, Smith and Brewer opposed. Mayor Buelterman broke the tie in opposition to the motion to reconsider. Mr. Hughes said the vote stands. Mr. Smith moved to approve the budget on Second Reading, Mr. Wolff seconded. The vote was Smith, Wolff, Brown and Brewer in favor and Doyle and Crone opposed. * ** Mayor Buelterman said council plans to make all the Historic Preservation Commission appointments at one time. Ms. Allen said she hopes to make an announcement at the second meeting in July. * ** Mayor Buelterman expressed appreciation to the two people that applied to serve on the Planning Commission to fill Sandy Chandler's unexpired term due to his resignation. Mayor Buelterman asked Ms. Morton to read out the votes for Planning Commission. Ms. Morton read the following votes for the record: Mr. Brewer voted for George Dausey. Mr. Crone voted for George Dausey. Ms. Doyle voted for George Dausey. Mr. Brown voted for Debra Murff. Mr. Smith voted for George Dausey. Mr. Wolff voted for Debra Murff. Mayor Buelterman announced George Dausey being appointed as a Planning Commission member by a vote of 4 to 2 and his term will expire January 31, 2010. * ** Mr. Brown moved to approve for 2nd Reading the North End Parks and Overlay Ordinance and map amendment, Mr. Wolff seconded. The vote was unanimous. The map was in the room and displayed on the overhead screen. * ** Mr. Brown moved to approve for 2nd Reading the South End Overlay Ordinance and map amendment, Mr. Smith seconded. The motion carried with Brown, Wolff, Crone, Doyle and Smith voting in favor and Mr. Brewer recused. The map was in the room and displayed on the overhead screen. * ** Ms. Doyle moved to approve for 2"d Reading, the Text Amendment to Article 11, Planning Commission. Mr. Smith seconded. The vote was unanimous. * ** Page 6 of 10 Mayor Buelterman asked for an update on sidewalk repairs. Ms. Schleicher said there is a Transportation Enhancement Grant that was written almost six years ago. She said we are very near having the agreement signed by Georgia DOT. She said we are basically waiting for them and then we will bid it out. She said hopefully we will be able to do a project this fall. * ** Proposed Text Amendment to 5 -090. Mr. Wolff said for years we have had people asking for variances to put elevator shafts into their side or rear setbacks. He said recently they have had several people ask to add fire escapes to their homes. He requested sending a proposal to the planning commission to eliminate the need for people with a legitimate hardship or public safety issue to go through the variance process. He said if we modify the definition of hardship it will fill the holes. He said it would save the people $250 plus having to go through the cumbersome procedure. He recommended the following be added to the definition of hardship: At least one resident of a dwelling built before January 1, 2008 has a physical handicap requiring an elevator for reasonable access and the home is that persons principle residence or that a dwelling built before January 1, 2008 which is the principle residence of its occupants is deemed by the Fire Marshall to be unsafe due to having only one means of ingress and egress and would be rendered safe by the addition of an emergency exit. If standards 3 or 4 apply any encroachment into required setbacks would be minimized as much as possible and in no event will encroachment exceed 48 square feet. He said that would encompass a six by eight foot area and it would accommodate a gurney if needed in an emergency. Mr. Wolff moved to send this proposal to the Planning Commission for discussion, Ms. Doyle seconded for discussion. Mr. Hughes said what is proposed has merit but should be in the building code and not on its own. He said the reason is the proposal defines a hardship by one particular exception tied to the person and not to the property. He said zoning attaches to the land. He said in talking with Ms. Allen he believes they can come back to council with an alternative. Ms. Allen explained that the Planning Commission had asked staff to look into similar language whether or not it is in the building code or and development code. She said they are looking into amendments to the building code and have made progress to that end and would like to continue if it suits council. She said their focus was on safety and ingress and egress on the second and or third story depending on how you define a story. She said they were looking at making changes that would require a second form of ingress and egress for second floor residences. She said it does not address existing residences and the need for a variance at that point. Mr. Wolff amended his motion to have staff continue their review of this situation and bring a proposal to Planning Commission and Council based on Planning Commission's recommendation, Ms. Doyle accepted the amendment. Mr. Brown said he believes Chatham County or Savannah has a second exit required in their building code. Mr. Brewer said he is concerned that a property owner would be excluded from obtaining relief because of having their primary residence elsewhere. The vote was unanimous. * ** Mr. Wolff said based on the presentation from the officials of the Alcohol, Tobacco and Fire Arms department regarding their blanket permit costing $150 to $200 a year where either a nonprofit or business whose primary business is not dispensing alcohol could have up to twelve events per year or one a week. He said he wants to give a blanket permit with a cost that would Page 7 of 10 1 1 pay for staff time and would be good for a calendar year or fiscal year. Mr. Wolff made a motion for staff to investigate the possibility of having an annual permit for non profits and local businesses that would comply with ATF rules and have a onetime fee for those groups, Ms. Doyle seconded for discussion. Ms. Allen said this is something her staff can look into and come back with a recommendation to council. The vote was unanimous. * ** Ms. Doyle said the city has a Beach Management Plan done in September of 2005 and was approved by DNR. She asked everyone on council to read it. She said this plan has never been permitted. She said if the plan was permitted it would actually help us in a lot of areas by being pro active for beach renourishment, crossovers, snow fencing, marsh grass, snow fencing and even the escarpments we deal with on the beach. She motioned for staff to look at this plan and talk to DNR. She said as she understands it DNR will work with us to get this plan permitted or help us to make any needed amendments in order to get it permitted. Mr. Wolff seconded and said he thought the management plan had been approved because the task force had worked on it for over a year and used a hired consultant and worked with DNR through the entire process. Ms. Doyle said it has been approved but it hasn't been permitted. Ms. Doyle said if the management plan is permitted it would be for five years and we will not have to continually go back and get permits for crossovers, etc. Ms. Allen said this is in response to DNRs request for us to consider permitting the entire beach management plan to have a more comprehensive approach to managing the beach and sand. She said she is not proposing permitting the existing plan but to work with DNR in developing a revised plan and submitting a revised plan for a permit. Ms. Doyle said the DNR was encouraging about Tybee bringing the plan and applying for a permit. The vote was unanimous. * ** Mr. Hughes said it has been suggested that we have a text amendment to the land development code for a public parks conservation district that would deal with Memorial Park and JC Park. He said the proposed amendment would restrict the parks from further building by way of the zoning ordinance. He said the text would read without an amendment to the zoning ordinance itself there could be no further structures or buildings permitted. He said it was suggested that the text include that should an existing building be destroyed by fire or calamity that it could be rebuilt in its footprint. Mr. Brown said he proposed this text amendment in order to see Memorial Park and JC Park in green grass forever. Mr. Smith asked if the proposal would include the corner of 4th and Jones Street because that location was one of the sites selected by the ad hoc committee for the Public Safety Building which is coming to council. Mr. Brown said the only two considerations will be the fencing around the playground and the war memorial. Ms. Schleicher said it would preclude us from adding onto this building and we have been looking at adding onto the outside in order to have enough room for staff. Mr. Brown moved to ask Mr. Hughes to proceed in order to get the language for a text amendment. The motion died for lack of a second. * ** Page 8 of 10 Mr. Hughes said the developers of the Battery Row Subdivision are leaving the option of dedicating that portion of the area to the city but they are requesting to go ahead and record a plat for phase I so that it will be of record and they can begin selling lots while we straighten out the other issues. He said there is no change in configuration of the lots in Phase I and we can defer a decision on Phase II including the access road at this time which as previously approved would have been a public road to be used to get to Phase I. He said there will be a disclosure on the plat on Phase I with respect to the past history of the use of the adjacent property to the East or North. He said the National Park Service will not initiate looking into a situation until they have the documents in hand. He said we have a bike trail and a lift station that needs to be conveyed to us and we need to get that done. He said the developers requested all of that be included in Phase I while they get everything else straightened out in Phase II. He said he would like to at least have that much approved contingent on the appropriate agreements being reached in respect to the disclosure on the plat, the road relationship for access to Phase I and all of the other issues concerning Phase II. Mr. Smith moved to approve the plat of Phase I, Mr. Wolff seconded. Mr. Brown asked Mr. Hughes if there was any chance of this project becoming another Weather wood. Mr. Hughes said in his opinion no. The vote was unanimous. Mr. Hughes said as he understands it this would be contingent on all those things that were talked about concerning Mr. Davis, etc. Mr. Smith said yes. Ms. Schleicher said she had received a note from Woody Hemphill the campground manager and basically when council took the capital money of $227,800 out of the campground budget it wasn't all for the cabins. She said $35,000 for Store Renovations and park enhancements with upgrades to the electrical that is needed. Mr. Hughes advised that someone that voted in favor of the budget would need to motion for reconsideration in order to go back and make an amendment. Mr. Wolff motioned for reconsideration of the budget, Ms. Doyle seconded. The motion carried with Wolff, Doyle, Brewer, Crone and Smith in favor and Brown opposed. Mr. Wolff moved to amend the budget just passed to add $35,000 for capital improvements for the campground, Mr. Crone seconded. Mr. Brewer asked Ms. Schleicher to restate exactly what council is adding back in to the campground budget. Ms. Schleicher said they are adding $35,000 back in to capital items for the campground for store renovations and park enhancements including electrical upgrades in the park. She said the recent fee increase was based on the store renovations and electrical upgrade being completed. Mr. Brewer asked if the improvements support the current revenue stream that is needed in the campground budget. Ms. Schleicher said some of the revenue stream was based on the 6 additional cabins. She said they would adjust the budget accordingly. Mr. Brown asked where the RFPs were and if they had gone out. Ms. Schleicher said this is just an estimate for the work. The vote was Wolff, Crone, Brewer, Smith and Doyle in favor and Brown opposed. * ** Mr. Wolff moved to go into Executive Session to discuss Personnel and Real Estate Acquisition, Mr. Crone seconded. The vote was unanimous. Page 9 of 10 * ** Mr. Wolff moved to return to regular session, Mr. Smith seconded. The vote was Wolff, Smith, Brown, Doyle and Brewer in favor and Crone having left during Executive Session. * ** Mr. Wolff moved to adjourn, Mr. Brown seconded. The vote was Wolff, Brown, Smith, Brewer and Doyle in favor and Crone having left during Executive Session. Vivian 0. Woods, Clerk of Council 1 1 Page 10 of 10 or Jason Buelterman 1 1 1 ORDINANCE NO. 2-2008 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES SECTION 4 -010 TO AMEND THE ZONING DISTRICTS FOR THE CITY OF TYBEE ISLAND, GEORGIA WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt ordinances under it police, zoning, and home rule powers, NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that Section 4 -010 listing zoning districts within the City of Tybee Island is hereby amended so as to include a Paragraph (0) that there is a new district created within the Commercial District consisting of the South End Business Overlay District, which shall generally encompass the area of Tybee from 14th Street to Butler Avenue through Silver Avenue and the Strand area, all as depicted on an overlay incorporated into the Zoning Map and an aerial photograph depicting the area is incorporated into the map. It is further ordained by the governing authority of the City of Tybee Island that Section 4-010 is amended so as to add a new Paragraph (P) that there is a new district created consisting of the North Ends Parks and Public Overlay District which shall generally encompass areas used to public property purposes and as depicted in an overlay incorporated into the Zoning Map. An aerial photograph depicting the area is incorporated into the map. This Ordinance shall become effective on I day of 2008. 1 ADOPTED THI AY OF ST: iCk1 2008. CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: 4*o g G:BMHPIiBEE/ORDINANCES/2008 /Zoning Districts Amendment 06.06.08 2 1 ORDINANCE NO. 15 -2008 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES SECTION 4 -050 TO ESTABLISH THE NORTH END PARKS AND PUBLIC OVERLAY DISTRICT FOR THE CITY OF TYBEE ISLAND, GEORGIA WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt ordinances under it police, zoning, and home rule powers, NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that Code Section 4 -050 be amended to add Section 4050 (P) to establish the North End Parks and Public Overlay District and shall read as follows: Section 4-050 (P) North End Parks and Public Overlay District 1. Purpose The purpose of the North End Parks and Public Overlay is to promote the development of properties in a manner that integrates public uses, open space, municipal uses, and recreational uses compatibly into a residential area. The North End Parks and Public Overlay will provide for a livable environment for residents and visitors alike. 2. Applicability The North End Parks and Public Overlay may only be implemented within specific geographic areas as defined in Exhibit A. The North End Parks and Public Overlay shall be restricted to the redevelopment and enhancement of uses existing at the time of adoption of this ordinance and to the development of uses to enhance or further support existing uses. Such uses include but are not limited to expansion of the Water and Sewer plant, expansion of the Department of Public Works, expansion and/or enhancement of the River's End Campground, expansion and/or enhancement of the Tybee Island Police Department, the dedication of areas for parks, recreational facilities, or open space. 1 1 1 Regulations applicable in the R -1 Zone shall not apply in the Overlay District. 3. Permitted Uses The following uses, though not exclusive, are specifically permitted within the North End Parks and Public Overlay: i. Municipal and public safety uses including but not limited to the City of Tybee Island Water and Sewer Department, the City of Tybee Island Department of Public Works, the City of Tybee Island Police Department; ii. Public campgrounds; iii. Parks and open space to include passive and active parks; iv. Picnic grounds, barbecue pits and similar cooking facilities; v. Shelters, observation decks, platforms, pavilions, storage sheds; patios, and restroom facilities; v. Pedestrian walkways, sidewalks, and bicycle trails; and vi. Jogging trails, tennis courts, swimming pools and bicycling paths. 4. Prohibited Uses The following uses, though not exclusive, are specifically prohibited within the North End Parks and Public Overlay: Any activity involving operating, riding, or the use of the following ;+ via ii. Survival games; iii. Any activity involving the use of firearms, including hunting, skeet -s shooting and target practice; iv. Crossbow or archery; v. Private dumping of trash, waste or other materials of any kind; and vi. Fireworks. 5. Site Plan Review Any expansion of existing uses requires site plan review and approval by the Planning Department of the City of Tybee Island. Any new use that is expressly permitted by this ordinance requires site plan review and approval by the Planning Department of the City of Tybee Island. All submittals for site plan review must comply with Section 5 -040 of the Tybee Land Development Code. This Ordinance shall become effective on 04p day of 2008. 2 1 ADOPTED THISO(t2DAY OF CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: 08 L7� GAMH/ TYBEE/ORDNANCES/2008/North End Parks and Public Overlay 05.28.08 3 1 ORDINANCE NO. 17 -2008 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES LAND DEVELOPMENT CODE SECTION 13 REGARDING AMENDING THE ZONING MAP FOR THE CITY OF TYBEE ISLAND, GEORGIA WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt ordinances under it police, zoning, and home rule powers, WHEREAS, the City of Tybee Island desires to amend the Code of Ordinances Land Development Code Section 13 to add Section 13 -007 with respect to amending the Zoning Map, NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that Code Land Development Code Section 13 -007 is added and shall read as follows: Section 13 -007 (1) The zoning map is hereby amended so as to adopt and reflect the South End Business Overlay District as depicted on the overlay on the map. (2) The zoning map is hereby amended so as to adopt and reflect the North End Parks and Public Overlay District as depicted on the overlay on the map. The provisions of this ordinance may be renumbered or relettered in order to be codified in a manner consistent with the Code of Ordinances of the City of Tybee Island. This Ordinance shall become effective on abwr° day of 2008. 1 ADOPTED THIVODAY OF AITI ST: ICU CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: 2008. G :/EMHIFYBEF/ORDINANCES/2008/Land Development Code — Zoning Map 06.04.08 1 1 ORDINANCE NO. 18 -2008 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES TO AMEND THE ZONING MAP FOR THE CITY OF TYBEE ISLAND, GEORGIA WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt ordinances under it police, zoning, and home rule powers, NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Zoning Map .of the City of Tybee Island is hereby amended so that there is a new District created as the North End Parks and Public Overlay District, which shall generally encompass the area as depicted on an overlay incorporated into the Zoning Map. Any variation between the general description herein and the map shall be controlled by the map. An aerial photograph depicting the area is incorporated into the map�,,� day of \'6‘..),AA,,_ , 2008. This Ordinance shall become of o ADOPTED THIS aD1/41(h DAY OF ATTEST: CLERK OF COUNCIL FIRST READING: I_ SECOND READING: b ENACTED: dip .. ,• DS kDb 2008. G: EMH/FYBEE/ ORDINANCES /2008/Zoning Map Amendment North End REV 06.06.08 and Public Overlay Zone Legend North End Parks and Public Overlay Zone 1 1 1 5* ORDINANCE NO. 1 -2008 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES TO AMEND THE ZONING MAP FOR THE CITY OF TYBEE ISLAND, GEORGIA WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt ordinances under it police, zoning, and home rule powers, NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Zoning Map of the City of Tybee Island is hereby amended so that there is a new District created within the Commercial District consisting of the South End Business Overlay District, which shall generally encompass the area of Tybee from 14th Street to Butler Avenue through Silver Avenue and the Strand area, all as depicted on an overlay incorporated into the Zoning Map. Any variation between the general description herein and the map shall be controlled by the map. An aerial photograph depicting the area is in +rporated into the map. This Ordinance shall become effective on ab c day of � � ` 1: �� 2008. ADOPTED THI DAY OP A 1'1'EST: CLERK OF COUNCIL r FIRST READING: 6 SECOND READING: ENACTED: 2008. G✓EMH/TYBEF/ ORDINANCES / 2008 /Zoning Map Amendment South End 06.06.08 1 1 1 ORDINANCE NO. 3-2008 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES SECTION 4-050(0) TO ESTABLISH THE SOUTH END BUSINESS OVERLAY DISTRICT FOR THE CITY OF TYBEE ISLAND, GEORGIA WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt ordinances under it police, zoning,'. and home rule powers, NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the City has established Section 4-050(0) to create the South End Business Overlay District in order to improve and promote the economic development and betterment of the traditional business corridor and tourist area of the City within the district as depicted on the Zoning Map, and shall read as follows: Section 4 -050 (0) South End Business Overlay District All commercial and multi- family residential uses are permissible subject to site plan approval. In this district, the site plans established herein shall prevail over any setbacks in any other part of the Code, specifically including 3 -090 regardless of the use of the property. Mixed uses of the property are permissible. Site Plan approval is required for new construction and redevelopment of existing sites. New construction and when a project includes the redevelopment of a parcel, a development agreement with the owner /developer and the City specifying the site plan, location of utilities, improvements, setbacks, driveway locations and dimensions and lot coverage may be required. Signage within the district shall be as specified herein to the extent of any inconsistency with the sign ordinance. Permissible signage shall include sandwich boards not to exceed 3' x 5', which may be displayed during business hours on sidewalks immediately adjacent to the 1 1 1 business advertised on the sandwich board. No advertising benches shall be permissible in the district. Within the district, cafe style seating on sidewalks may be permissible provided that sidewalks in the area involved, must be at least 10 feet in width. Sidewalk vending machines are not permissible. Notwithstanding any other provision of the Code, no outdoor selling of merchandise on public or private sidewalks is permissible in the district except as may be allowed in connection with authorized special events. Policies and procedures applicable in this district are on file in the Offices of the Planning and Economic Development Director and are incorporated herein. This Ordinance shall become ( me effective on U day of ADOPTED THI $ ) AY OF 2008. AAA An& CLERK OF COUNCIL FIRST READING: b 1.r:; D8 SECOND READING: ID & ► I �� ENACTED: f loE GAEMH!fl BEE/ORD!NANCES/2008/South End Business Overlay District 06.10.08 2 1 1 10 ORDINANCE NO. 16 -2008 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES LAND DEVELOPMENT CODE SECTION 11 -100 REGARDING MEETINGS/PLANNING COMMISSION FOR THE CITY OF TYBEE ISLAND, GEORGIA WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt ordinances under it police, zoning, and home rule powers, WHEREAS, the City of Tybee Island desires to amend the Code of Ordinances Land Development Code Section 11 -100 with respect to meetings and procedures of the Planning Commission, NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that Code Land Development Code Section 11 -100 is amended so that hereafter such section shall read as follows: Section 11 -100 Meetings (A) The planning commission shall meet in a regular session each month no later than sixteen days prior to the first scheduled city council meeting of the following month at city hall at 7:00 p.m. Special meetings may be held as deemed necessary by the chair or a majority of the members or at the request of the mayor or council with 48 hours notice to said members. (B) The planning commission shall conduct its business under rules approved by the mayor and council. It shall keep a record of its proceedings which shall be a public record. 1 This Ordinance shall become e ective on ti ADOPTED THISQ(UDAY OF A1 LEST: 2008. day of 2008. CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Jos' sl GJEMWfYBEF/ ORDINANCES /2008/Land Development - Meetings 06.06.08 2 1 1 STATE OF GEORGIA ) COUNTY OF CHATHAM ) AFFIDAVIT PERSONALLY appeared before the undersigned attesting officer, duly authorized to administer oaths, ago r 3 ;, , 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 o1day of I , 2008. (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. (3) The subject matter of the closed meeting or closed portion of the meeting held on the dowp of , 2008, which was closed for the purposes) of as allowed by §O.C.G.A., Title 50, Chapter 14, was devoted to matters within those exceptions and as provided by law. (4) Any unrelated matters which were mentioned or attempted to be offered for discussion during the closed portion of the meeting were ruled out of order and not discussed. r 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 day of Sworn to and subscribed before Me + day of , 2008 V AN WOODS Rfotary+ Public, CPialyPm Cc„M ., , My Commi;., , 2008. Ma,,`/Presidin Officer 1 1 STATE OF GEORGIA COUNTY OF CHATHAM ) AFFIDAVIT PERSONALLY appeared before the undersigned attesting officer, duly cc authorized to administer oaths, J g 0 fe"\., 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 2.6 day of , 2008. (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. (3) The subject matter of the closed meeting or closed portion of the meeting held on the f'r , 2008, which was closed for the `7`° &olt purposes) of f3�/1.cQ � as allowed by §O.C.G.A., Title 50, Chapter 14, was devoted to matters within those exceptions and as provided by law. (4) Any unrelated matters which were mentioned or attempted to be offered for discussion during the closed portion of the meeting were ruled out of order and not discussed. 1 1 5) This affidavit is being executed for the purpose of complying with the mandate of O.C.G.A. §50- 14 -4(b) that such an affidavit be executed. This day of Sworn to and sub ribed before Me s b day of , 2008 VIVIAt.1 WOODS 'If Pubtie, Chatham County, GA My Commission Ettpire0 May 25, 2009