Loading...
HomeMy Public PortalAbout050_010_20131010CityCouncilMinutes_Redacted City Council Minutes 20131010 Consideration of items for Consent Agenda Mayor Buelterman called the consent agenda to order at +6:30PM on October 10, 2013. Those present were Paul Wolff, Tom Groover, Jan Fox, Barry Brown and Bill Garbett. Also attending were Diane Schleicher, City Manager; Bubba Hughes, City Attorney; Tommy Branch, Callaway, Braun, Riddle and Hughes, PC; Dianne Otto, Manager, Planning and Zoning Department; and Janet LeViner, Clerk of Council. Mayor pro tern Wanda Doyle was excused. Mayor Buelterman listed the following items on the consent agenda: • City Council Meeting Minutes, September 24, 2013 Paul Wolff made a motion to adjourn to Executive Session to discuss litigation and real estate acquisition. Tom Groover seconded. Vote was unanimous Paul Wolff made a motion to return to regular session. Tom Groover seconded. Vote was unanimous. Mayor Buelterman called the regular meeting to order at 7:OOPM. All those present for the consent agenda were present. Opening Ceremonies • Call to Order • Invocation: Julie Livingston • Pledge of Allegiance Paul Wolff made a motion to approve the consent agenda. Tom Groover seconded. Vote was unanimous. Public Hearings Site Plan Approval with Variance — 1315 Butler Avenue — consideration of additional business at commercial location; PIN 4-0007-16-001; Zone C- 1/SE; Dixie Pedaler. LLC, petitioner. Ms. Otto approached mayor and council explaining this is a site plan approval with variance with the zone C-1/SE. This request is to add an additional business to the location at 1315 Butler Avenue. Currently, Dixie Pedaler has been an internet based business and this request will bring it to the Shell Station and Blimpee Restaurants. Ms. Otto then explained the site plan which includes golf carts and a multi-person bicycle as shown. Planning Commission considered this request and the motion was 5-0 to approve. Mr. Groover asked Ms. Otto where the office was going to be located. She replied that the applicant stated at the Planning Commission Meeting that there will be an office inside the convenience store as a portion of the counter which will be used for signing of the contracts and handling the transactions. Mr. Groover then asked if there was a contract with the Shell Station. Ms. Otto stated that the document she received is the authorization for Dixie Pedaler to pursue the site plan approval which is an owner affidavit as it is required when the applicant is not the property owner. Ms. Otto then explained the variance portion of this approval as it is for parking. She explained that the parking calculations for the existing business are 19 spaces and there are currently 8 spaces on site. Also, there is no requirement for additional parking for a business of this type as it is based on square footage of structures. Mr. Wolff asked Ms. Otto how far the 14th Street Parking Lot is from this location as he believes it is within 1,000 feet. Ms. Otto responded that the Code he is referencing pertains to an existing commercial building less than 2,000 sq. ft. if they want to expand. She further stated that Code would not apply as there are no building changes. Mr. Wolff asked Ms. Otto if these drivers would need chauffer's licenses and taxi permits. Ms. Otto replied that this falls under the Tybee Island Police Department as they handle the golf and motor cart inspections. Mr. Garbett stated he has concerns over the operation of the business. He confirmed that what is before mayor and council tonight is site plan approval with a variance for parking but also for the operation of low speed vehicles especially if they are operated as a taxi service. Ms. Schleicher stated there is not a special license for the drivers of these vehicles but insurance is required when passengers are shuttled back and forth. Additional insurance is also required. Mr. Brown stated that he does not believe that a special license is required to drive one of these vehicles. Ms. Schleicher confirmed but stated they are required to obtain a business license from the City of Tybee Island. Ms. Fox asked Ms. Schleicher to describe what the Tybee Island Police Department is looking for when these vehicles are inspected. Ms. Schleicher responded they are inspected so the vehicles meet the Code as they are required to have seat belts, lights, turn signals, rear lights and an amber light. Mayor Buelterman expressed his concerns with the location of this proposed business. Ms. Fox asked Ms. Otto if there was an electrical outlet on the side of the building. Ms. Otto stated there is one near the car vacuum. Mr. Groover asked Mr. Hughes if there is an ordinance in place regarding kiosk type businesses operating on city streets. Mr. Hughes stated there is a prohibition regarding vendors operating from public property in the rights of way and he is not aware of anything separate regarding kiosks. Mr. Groover stated his concern is that this is a business that will be operating in the parking lot of the Shell Station and it will open the door to "roach coaches" on Island selling hot dogs. Mr. Hughes discussed the management control over these types of businesses. Mr. Brown then asked Ms. Otto what was the staff recommendation regarding this request. Ms. Otto responded that staff does not make recommendations only findings. She read from the staff report as included in their packet. Ray Smith, attorney for the petitioner, approached mayor and council. He would agree with mayor and councils concerns over kiosk malls as they would cause problems. He further stated that this is not a kiosk but operating under a valid transportation license as the vehicles are inspected and the insurance policy is current. Mr. Smith explained that this is business that is licensed to a resident on Tybee Island and is done over the internet. With the month to month agreement, it allows the parking of the multi-person bicycle as patrons come to the location as a staging area. Mr. Smith stated that what is important to know is the petition is not changing, building, and no cars will be added to this location. As far as the office he explained, the office consists of a file folder which describes who is coming and who is going is to be on the particular ride. He would also ask mayor and council to favorably consider this request. Julie Livingston approached mayor and council. She read from a prepared statement (attached). In closing, Ms. Livingston requested mayor and council favorably consider her request based on the facts before them. Mr. Brown asked Ms. Livingston to clarify the office space within the Shell Station as Mr. Desai relayed to him that he was not allowing use of any space. Ms. Livingston produced a statement from Mr. Desai permitting them to do business at his location (attached). Mr. Wolff agreed with Ms. Livingston that the shuttle service does fill a need for the Island during the high season. He then asked Ms. Livingston to explain how she is going to install a solar charger for these vehicles as he has concerns. Mr. Alexander approached mayor and council. He explained that there is a system for the cart and a 36 volt solar cell that will trickle charge the batteries. Cheryl Grey approached mayor and council to speak in favor of the petitioner and their request. She would ask that mayor and council grant the site plan approval with variance. Donald Cowart approached mayor and council to speak against this request. He cited Sec 4-050(F) of the Code and would ask that all business licenses be treated equally. He thanked mayor and council for their time. For clarification, Ms. Otto stated that as discussed in the Planning Commission meeting, the quad bike would need to be located wholly on private property and not in the right of way. Charlie Brewer approached mayor and council to speak against this site plan review with variance. He stated that he has been in the golf cart business for approximately six (6) years and has concerns with the proposed location of the carts to the existing dumpster and gas pumps. His concerns involve public safety, month to month lease with the Shell Station and traffic with the local business in close proximity to the Shell Station. Mr. Brewer would recommend that the City begin regulating the shuttle business regarding back ground, health and driver license checks. He would once again request an ordinance regulating golf carts and that mayor and council do not approve this request. Mr. Smith again approach mayor and council stating he does not feel this is a difficult location and unsafe. He would ask mayor and council for site plan approval with variance as his client has done everything that has been asked of her. Ms. Livingston approached mayor and council to further explain the dumpster enclosure and safety issues. She ensured that the carts will be moved so the dumpster can be emptied on the scheduled day and time. Mr. Brown asked Ms. Livingston if the pedal cab has seatbelts. She responded no as studies have shown that it is more dangerous to have seatbelts as if the bike were to tip, customers might be pinned to the bike. Sandy Brewer approached mayor and council to speak against this site plan approval with variance. She stated that Island Hoppers currently has 40 carts, 20 more have been ordered, these vehicles are street legal, all taxes have been paid as well as City parking stickers have been purchases and affixed to the windshield of each cart. Ms. Brewer explained the workings of her business, current location and in closing stated this is a direct hit to their business. Ms. Fox has concerns with the cart parked closest to the corner of Butler and 14th. Ms. Livingston responded that all the carts are mobile and can be moved to accommodate any decision by mayor and council. Paul Wolff made a motion to approve site plan with variance. Bill Garbett seconded. Discussion: Mr. Garbett stated that there a lot of good points were presented and his main concern is that he does not agree that mayor and council need to be in the position of picking winners and losers in the business community. He would like to see them have a chance and does not feel the business would impact the area negatively. Ms. Fox would like to see additional parking provided by the property owner which would alleviate the variance request. Mr. Brown expressed his concerns with public safety. He would recommend the petitioner to find another location. Mr. Groover agreed with Mr. Brown as to the location and public safety. He would support the business idea but not the location as there is so much congestion there especially during mid-day. He expressed his concerns regarding public safety and with the addition of the carts there would be even more. Mr. Garbett asked Ms. Otto how long Blimpee's has been at their current location. Ms. Otto stated she did not know. Voting in favor were Paul Wolff and Bill Garbett. Voting against were Torn Groover, Jan Fox and Barry Brown. Motion denied 3-2. Variance -- 2-B Second Ter. — consideration of setback encroachment for deck and stairs; PIN 4-0004-04-006; Zone R-T; Paul Ewaldsen, Jr., petitioner. Ms. Otto approached mayor and council stating this request is for a variance and the property is in a RT Zone. The required setbacks in the zone are 20' front and rear and 10' on the sides. She further stated that at this location there had been deck and a set of steps on the building as depicted in their packets. Previously there was a 4' deck area which has been removed. What is still standing are the stairs and landing. The owner had safety concerns so the deck what torn down and he is now requesting to rebuild using a 6' wide deck. Due to the setback requirements a variance is required before a permit can be issued. Mr. Groover asked Ms. Otto if the petitioner is moving the footprint of the stairs. Ms. Otto replied that the stairs will now be closer to the east property line. She further stated that the Planning Commission heard this request and their vote 6-0 to deny, Mr. Ewaldsen approached mayor and council. Mr. Ewaldsen stated that this property his has been his family home for forty years. In February 2013, he realized that two of the three support beams had rusted through and was concerned over safety. He further explained that he does not intend to move the stairs only widen the actual deck. Mr. Ewaidsen only would like to improve the property by making it friendly and safe. He explained that he is not asking for anything outside the property line just adding 2' to the deck for comfort ability. Mr. Ewaldsen again confirmed he is not moving the stairs only to add to the deck. Mr. Brown asked for clarification of the property line as shown on the drawing in their packet. Mr. Ewaldsen explained that the line in question divided his property into two lots which is not true. He has one PIN number and he doesn't know who might have added that line. Mr. Hughes stated that this might have been done years ago for convenience. Mayor Buelterman complemented the Planning Commission for their due diligence in researching the Code relating to this request. Mr. Ewaldsen agreed and stated that he would never do anything that is not proper and safe. Mr. Wolff stated he believes this should be grandfathered for the size of the original size of the deck. Ms. Otto explained this request as there seemed to be some confusion. Mr. Brown stated that the drawing is not showing intent as the footprint of the bottom landing is not changing just the width of the deck excluding the top landing which will stay 4' wide. Ms. Fox asked that the drawing be corrected prior to permitting. Mr. Ewaldsen confirmed. Tom Groover made a motion to approve stipulating that there is a 2' variance for the deck portion and the footprint of the stairs will remain the same. Barry Brown seconded. Vote was unanimous. Minor Subdivision — Lot 32 S. Campbell Ave. — consideration of subdivision of one lot into two lots; PIN 4-0016-02-017; Zone R-2; John Bragg. Ms. Otto approached mayor and council stating that this is a request for a subdivision of one lot into two lots, 32A and 32B as shown in the packet. Planning Commission heard this request and approved 6-0. Paul Wolff made a motion to approve. Barry Brown seconded. Vote was unanimous. Site Plan Approval — 1207 Hwy. 80 — consideration of two temporary enclosures; PIN 4-0026-02-009; Zone C-2; Rice & Brady-Robinson. Ms. Otto approached mayor and council explaining the property is located at Sundance Square and the owner is Tom Beatty. Two of the stores in the square, Irritable Pelican and DBR Signature Gallery, have located without site plan approval or permitting, two temporary structures. The other tent at the Plaza belongs to Seaside Sisters and was permitted properly. Mr. Wolff asked Ms. Otto if this request is approved will the petitioners be paying double the permit fee as required. Ms. Otto confirmed. Ms. Otto added that she has received information that these tents may not be anchored to with stand the 130 mile per hour wind zone and inspections will be required. Planning Commission heard this request and the vote was 6-0 to approve. Mr. Cowart approached mayor and council to express his concerns with this request as he feels Tybee citizens are not receiving equal treatment. He referred to Sec 4-050 and 3-070 of the Code and would request that approval of all zoning request be treated equally. Paul Wolff made a motion to approve conditioned upon tents being anchored according to Code and double permit fees are paid. Tom Groover seconded. Discussion: Ms. Otto stated that Mr. Cowart referred to "red line" versions of the Code which have since been revised and the most current version of the Code has been provided to mayor and council. The most updated Code allows tents to be forward of the front of the structure; this request does comply with the required 5' away from any property line; structures are on a wooden deck with no significant change to drainage; and parking is not hampered. She further stated that the two petitions did share the $500 expense and two checks were received. Vote was unanimous. Site Plan Approval — 21 Veterans Dr. — consideration of construction of an ADA ramp; PIN 4-0002-05-008; Zone R.-1; American Legion Post 154. Ms. Otto approached mayor and council stating that this request is for site plan approval to build an ADA compliant ramp. The ramp would be located on the left side of the building where currently there is a wide set of stairs which goes into the Club Room. Planning Commission approved this request 6-0. Mr. Groover confirmed this would be a wooden ramp. Ms. Otto stated the ramp would have landing. Mayor Buelterman thanked the representatives from the American Legion Post 154 for all their hard work in completing this project. Paul Wolff made a motion to approve. Bill Garbed seconded. Vote was unanimous. Consideration of Ordinances and Resolutions First Reading, 34-2 013, Sec 46-45; Overtime and Compensatory Time. Ms. Schleicher confirmed that this was discussed with the department heads and their recommendation would be to reduce the hours to 160 for regular staff and 168 for public safety officers. This would give each group up to four weeks for comp time. Staff suggested that language for item 8 be changed to read "all comp time earned by an employee must be used before the employee uses any accrued annual leave unless this would result in an accrued vacation being forfeited". Ms. Fox would recommend that calendar year be used rather than fiscal year as the high season would be during the end of the fiscal year. She also stated that this would give staff a better chance of being able to use their leave. Ms. Fox recommended that this be brought back before mayor and council after the policy has been written. Mayor and council agreed. No action at this time. Council, Officials and City Attorney Considerations and Comments Tom Groover — Paver Testing. Mr. Groover recommended that testing of pavers resume and no more engineering letters. Just go back to testing pavers to the 1" as in the ordinance; to the ASTM Standard; and put an end to all the discussion. He feels that an engineering firm is not going to state that the pavers will pass the test as they will state it is theory and they will tell you to test the theory. Mr. Groover would like to make a recommendation that the City returns to testing pavers. Mr. Hughes stated that Mr. Groover could do that as mayor and council suspended enforcement of the current ordinance. He also reminded mayor and council that the standard of the ordinance remains the same. Mayor Buelterman stated that in order to change the ordinance there would have to be a first and second reading of the proposed ordinance. Mr. Groover stated that he wants to begin testing of pavers immediately. Downer Davis approached mayor and council to explain what test would be approved by the Storm Water Manual per Mr. Wolff's request. Mr. Wolff stated that his preference would be that no decision be made tonight, rather wait this this has gone to the Planning Commission for their recommendations as he would like to see the ordinance read "that all driveways must accommodate 1.2" of rain". Mr. Davis approached mayor and council discussing the different tests. He would recommend the test method that he provided mayor and council last year, C1701M-09, to test pervious concrete and is also used for permeable pavers. This test was run recently on Tybee and the individuals that conducted the test had never done this before; the engineer that observed had never done it before; and he (Mr. Davis) had never reviewed the test results before. He explained that the engineer gave a design stating what the output would be and then ran the test and the test came back with a performance of infiltration that was well over 5 times the actual design anticipated for collection rate. Mr. Davis went on to explain the variables of the test which he has not had time to review or share with staff. Testing can be done but is complicated. Mayor Buelterman expressed his concerns with the complexity of the test. Mr. Brown asked Mr. Davis to explain the test. Mr. Davis explained the test and reminded mayor and council this is a very complication and tricky test. Mr. Brown asked Mr. Davis why he was not at the test that was recently done. Mr. Davis stated that he is not at every test on Tybee. He would further recommend that testing be done by an independent testing lab and the test that would be run is the C1781M-13. Mr. Davis agreed that he will forward a copy of the test to mayor and council. Mayor Buelterman reminded council that this will be heard by the Planning Commission and whatever is decided upon will only apply from this point until the recommendations are received from the Planning Commission. Mr. Groover asked Mayor Buelterman to have staff stop the issuance of permits until this issue is resolved. Mayor Buelterman responded that he disagrees with the entire ordinance. Ms. Schleicher stated that she has observed the test twice and went on to describe the process which took approximately 1.5 hours. Tom Groover made a motion to commence testing of pavers using the ASTM1741 test effective October 11, 2013. Paul Wolff seconded. Discussion: Mr. Davis asked mayor and council to specify who would run the test. Mr. Wolff would recommend that it be a designated zoning official and the cost of the test be included in the permitting fee. Mayor and council agreed. Voting in favor were Paul Wolff, Torn Groover, Jan Fox and Bill Garbett. Voting against was Barry Brown. Motion carried 4-1. Jan Fox made a motion to adjourn. Paul Wolff seconded. Vote was unanimous. Meeting adjourned at 9:45PM As I am sure that you are aware, I am here this evening to petition your recommendation in favor of the site plan for the relocation of my business The Dixie Pedaler to 1315 Butler Avenue. I believe that the narrative included with the application should answer most of the questions that you may have, but I would like to take a minute to expand on the proposal as it relates to the Comprehensive Plan and Variance request. axicit 6Dritt. 155ue5 CL .su cssed Pkg./141/%3 Cvnmiss.rr c A/tee-Nolo . i(II have to disagree with Ms. Otto's assertion that (and I quote) "Staff finds the proposed addition of Dixie Pedaler with an office area, quad bicycle, shuttle services, and golf cart rentals would violate the intent of the Inland Cottage Neighborhood Character Area of the Comprehensive Plan." I believe just the opposite. The Comprehensive Plan reads as follows: littancl C hb -hovel C k 4cc,„: This character area describes the traditional neighborhood along the west side of Butler, which contains narrow, tree lined streets laid out in a grid pattern. The area is varied in land use as it contains permanent residential properties, multi-family homes, rental properties parks, Low-impact commercial establishments and public buildings. Residential development within this area contains both traditional and historic cottage homes, large new residential houses and multi family units. This area provides for alternate transportation routes by providing alternative automotive travel route to Butler Avenue, a bike path and stop signs to slow the movement of vehicular traffic creating a more pedestrian friendly environment. Clearly, the intent of this district is to maintain the charm and historic integrity of the residential area while increasing bicycle, pedestrian traffic and safety along with permitting low impact d'd commercial establishments. There is no doubt that this site is within the character area we are discussing however it's location at the corner of 14th St and Butler put it at the eastern most point of this area, nearly on the fringe. This location is essentially surrounded by commercial enterprise on all sides except the west. There is currently a relatively new privacy fence that borders the west and a portion of the south. This fence would block all views onto the property from the Lovell neighborhood maintaining the existing character of the area. It is my opinion that the addition of the Dixie Pedaler to the 1315 Butler address would be consistent with both items number 1 and number 2 , currently checked NO on your table of Recommended Development Strategies. #1 reads "New development, redevelopment and restoration should be consistent with existing character of the area in terms of mass, scale, use and density." Permitting the Dixie Pedaler to locate at 1315 Butler Ave does not involve any physical changes to the site, the exterior area to be used for the carts and quad-bike will not encroach upon the existing space for the Blimpie and Convenience Mart. The large size of the paved lot and currently unused portion allows for the relocation of my business there without impacting the current traffic flow, parking or drive lanes. The use is consistent with a low-impact commercial establishment and the majority of the business comes from walk up customers. Item #2 reads- "Permit only compatible uses including low density residential, public /institutional and low impact commercial" Again, I assert that this proposal is completely in line with this recommendation under low-impact commercial. The addition of the Dixie Pedaler at this location will have minimal effect on the existing environment and surroundings of this area. This location is an integral part of the tourist area with both of the restaurants north and south offering live music and a tourist friendly atmosphere. The current convenience store and fast food restaurant caters to the visitors staying nearby and heading down. 14th street to the beach. My target market is the same. In addition, there are other sections of the Comprehensive Plan that that will be favorably addressed by the Dixie Pedaler. In the plan, Section 2.1 "Population: lists ag issues related to the seasonal population as "There is not enough activities for tourists" One of the proposed "Opportunities" listed relating to this issue is "Establish services and activities tailored to teens and seasonal visitors." This is exactly the nature of my business. It provides an opportunity for visitors to experience a unique activity that can be tailored to their specific requests such as birthday parties, bachelor parties or just a great time while on vacation. Also in the same plan, Section 2.2 "Economic Development" lists the following Issues: "It is difficult to draw/retain small businesses that rely on seasonal population" "The City needs to be more proactive with encouraging commercial redevelopment projects in appropriate areas" The following "Opportunities" were developed to address these issues. 1. "Develop economic development strategy that focuses on small business retention/recruitment and identifying/acquiring redevelopment properties." 2. "Encourage the development of the eco-tourism segment of the economy that will attract visitors to the island in the off season and provide incentive for natural resources preservation." By permitting our relocation to the site requested it gives us the ability to grow our business and better serve our customers at a convenient location. Both our quad bike and golf carts are extremely eco-friendly. The bike has ten pedaling stations that provide sufficient energy to propel it. It is designed and weight balanced for ease of operation. It does contain an electric assist should a situation arise where patrons require assistance. The golf carts for rental are all electric and with zero emissions. It is part of our business plan to make all vehicles capable of being solar charged in the near future. All maintenance on the golf cart is performed off site. The vehicles have a regular maintenance routine that will be performed by the Lessor as part of our agreement. That company will pick up the carts and transport them to their shop and return them. There will be no storage of parts batteries, etc. on the Island, nor will there be a maintenance facility. And finally, In section 2.7 of the plan under Transportation it a couple of the Issues listed are: "Traffic congestion is a big issue during the tourism season" "Lack of public transportation/shuttle services around the island" There are currently excluding our vehicles approximately 25 electric vehicles for rent on the Island. With large number of visitors there is a much greater demand for rentals. The carts are not permitted on Butler Avenue therefore their use reduces the congestion by steering our customers to lesser traveled streets. We do offer a very affordable shuttle service at $3.00 per person to travel anywhere on the island and we offer a $1.00 discount to local residents. According to city's transportation business licensing list dated July 30, 2013 there are currently five shuttle services operating on Tybee (this includes ours), one of these has 1 vehicle, 3 have 2 vehicles and I am unsure of the amount of the fifth business, but they do have several. There are also 2 taxi services listed. One of the taxi service frequently contacts us to take the "short trip" riders as these are not cost effective for them and their target market is customers who are going off of the Island, into Savannah and the Airport. It has been my experience that during the season all of these are extremely busy and have to hustle to keep up with the demand of moving tourists to their dinner reservations and special events at their desired times. These services also alleviate some of the parking issues in congested areas and reduce the number of impaired drivers on the streets, so the operation of these businesses provide and invaluable service to the community. to During the Planning Commission meeting the issue of safety came up and was briefly discussed. Because of the liability involved with any moving vehicle, safety is of the utmost concern to us also. We currently carry (and have since the business was started) twice the amount of general liability insurance required by the City, therefore we have a 2 million dollar liability policy. On a separate policy we also carry 2 times the state mandated amount for our golf carts. All renters and drivers of the carts are required to be 21 years or older, have a valid drivers license and carry full coverage auto insurance of their own. We have operated the quad bike for 2 seasons now and remain accident free and have made no insurance claims. The issue of safety as it relates to the site itself is another area discussed. The lot itself has 3 entrances/exits. Two on Butler Avenue and one on 14th Street. Our carts and Bike would be utilizing the 14t. Street entrance/exit. All of our equipment could either turn right (toward Lovell) or left (toward Butler). There is a traffic control light at the Butler intersection which makes crossing Butler a easy and safe event. All of our cart rental customers receive a written explanation of the motorized cart rules for Tybee as well as a verbal recap. Of course all our carts will be inspected by the Tybee Police Department for safety and will have the required T sticker. We do intend to purchase parking stickers from the City for each vehicle. There will be NO extended parking on the site for either riders of the bike or cart rental customers. Cart rentals will be for 24 hour periods and we will offer free delivery and pickup to our customers. Quad bike customers who are not staying in the South end are strongly encouraged not to drive their personal vehicles but to secure an alternate method for transportation to the South end to 9 not only avoid parking issues but also to avoid driving after drinking. We will provide shuttle transportation to our customers for a discounted fee and also offer a package deal including round trip transportation to their location when customers rent the entire bike. In closing I would like to say that there is currently no other location available for rent that is suitable for our business. We must stay in the South End of the island to effectively run the quad bike and as we all know, there are very few locations that offer the ' exterior space required for this business. I hope that you will favorably consider my request based on the facts before you and thank you for your time. L r I fcci5e. Mitt, +,11v;&-÷ t 5 a 51 r)ccl nett c.� 63 ruts 5 c.rrti ]i c..50.4.-- 4-1-4\-t- owner o. + PrQ .et j -f. h k. Con J.'t f cn Ce 0417,4- ( tom' 'i.t'q i c. Lncrl tkd ccl u0.1 b u X 041 'L --t o ri 4-0 reJ ot&k bt&r 12'us+Hess t ce.nS9 tend 1 -+r, #-ha+ [ 5!vox(t ti.rea. WI Ii be 6+ asKtC On Q. %15 Lh3 C Dual k r r us 4-0 elz cc.. C,044-rei- , t Ort , '1 rs, ti---C. i . und e.rs-1-and 4-- CO-- LQ.s- Cant CztiLn c.a 61 1 Nt r. -DC Sac- ( " 4-- r e we s s b nn e- c_) ' -Fs /ors 6►+fir if T '0 ce careck . 'n a ad c+ -f+ P ce 5fri.ze.. Loth b b :1-. July 12, 2013 To Whom it May Concern: Julie Livingston/The Dixie Pedaler has my permission to do business at my location of 1315 Butler Avenue, Tybee Island, Geogia 31328 effective immediately. There will be no alterations or development of any type either externally or internally. A small office space already in existence will de designated for their use. D"AyDecP LLG 1DBA 'S &LL. D6sAm (76-ftwi) nom , RAY CHANDLAR SMITH ATTORNEY AT LAW 10153 Ford Avenue w4580ravcsmitharr, net Telephone: (912) 756-3318 Richmond Hill, GA 31324 October 9, 2013 Facsimile : (912) 756-2279 City of Tybee Island City Council In Re: The Dixie Pedaler Ladies and Gentlemen This is to advise that I represent the Owners of Dixie Pedaler. In this regard, the Dixie Pedaler operated successfully and without interference as a group bike and tour business under a transportation license issued by you, In July, 2013 the City began to both take and threaten official actions against the Dixie Pedaler for the operation of its bike business as well as its golf cart rental business, despite their operation of such under a valid transportation license issued by you. In compliance with your request, we have prepared and submitted additional applications, including a site plan, despite the fact that the operations of these businesses involves no construction,no building and no additional parking requirements of any kind. Resultingly, it is our position the enforcement of your Ordinance against this business under these circumstances amounts to a constitutional violation of selective enforcement and a Constitutional violation of taking property rights without a due process hearing and failure to issue the necessary permits under properly completed applications that meet the requirements of your Ordinances. This notice is given to you to furnish you the opportunity to correct such violations by issuing all necessary permits to allow the full and unimpeded operation of these businesses, as required by the laws of the State of Georgia, the Constitution thereof, the Constitution of the United States and the directives of the Supreme Court of Georgia, at WMM Properties,Inc. V. Cobb County, et al.(255Ga.436,339 S.E.2d 252) and related cases. I remain... Sincerely,_ \t, Ray C. Smith