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:
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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.
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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.
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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