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HomeMy Public PortalAbout050_20Draft minutes June 920110609 City Council Minutes Mayor Jason Buelterman called the consent agenda meeting to order at 6:30PM, June 9, 2011. City Council members present were Mayor pro tem Shirley Sessions, Wanda Doyle, Bill Garbett, Frank Schuman, Sr., Kathryn Williams and Paul Wolff. Also in attendance were City Manager Diane Schleicher, Dana Braun, Callaway, Braun, Riddle and Hughes P.C., Zoning Manager Ethan Imhoff and Acting Clerk of Council Jan LeViner. Mayor Buelterman listed the following items on the consent agenda: City Council Draft Minutes, May 19, 2011 1st Annual North Georgia Surfers for Autism, July 23, 20011, 9:00am till 4:00pm, south of pier. Don Ryan from the North Georgia Surfers for Autism addressed Council regarding his event to be held July 23, 2011. They are a non-profit group and hold events for special needs children, mainly autism. They will provide a number of events during the day as well as lunch all at no charge. He has the full support of the Fire Department, Police Department and Ocean Rescue. Mr. Wolff thanked Mr. Ryan and asked if he had contacted DNR to ensure they are in compliance. He responded yes. Ms. Williams asked if any conditions set by DNR were problematic. He said no. Mr. Ryan asked Mayor and Council if he could use his 4X4 vehicle to assist in unloading their supplies. Ms. Schleicher will check and report back to Mayor and Council. Out of state travel for Mayor Buelterman in July 2011 to Washington, D.C. Executive Session: Mr. Wolff made a motion to adjourn to Executive Session to discuss litigation, personnel and real estate acquisition. Mr. Schuman seconded. Mayor Buelterman called the regular meeting to order at 7:00pm. Those present at the consent agenda were still in attendance. Chief Robert Bryson gave the invocation and led everyone in the Pledge of Allegiance to the flag. Joey Burel presented a proposal for the Rising Tide Community Food Pantry. The proposed food pantry has the support of the Tybee community to include local churches, Tybee Market, residents, YMCA and hopefully the City. Residents will simply show proof of Tybee residency, i.e. water bill. The pantry will be open on the third Monday of each month. She is asking permission from the City to house the pantry in the kitchen closet located in the cafeteria of the Old School, and distribute from the cafeteria when not in use by other groups. Ms. Doyle asked Ms. Burel to explain how the pantry would be stocked initially. Ms. Burel reported Mr. Monty Parks, Second Harvest, has graciously volunteered their services. Thereafter they can purchase food from Second Harvest with donations received. Any food that cannot be purchased due to lack of funds, they will then approach the local churches for assistance. Ms. Williams asked if an emergency arises would food be made available. Ms. Burel feels that the YMCA would be able to accommodate those circumstances. Mr. Schuman made a motion to approve. Ms. Doyle seconded. Vote was unanimous. Mayor Buelterman asked Mr. Garbett to summarize the recommendation from the Parking Committee. He explained that Parking Services Staff asked for recommendations on how to enforce parking in City right of way (ROW), specifically where people were receiving tickets, coming to City Hall and complaining about the ticket as they said they had permission from the resident to park in the ROW. Parking Services explained they could not distinguish between a “friend” and a visitor to the beach. The Committee then suggested that parking in the City ROW would require a pay and display ticket. A public hearing was held and it was recommended residents could allow their friends to park on the City ROW in front of their property but they could also state they didn’t want anyone parking in the ROW as they considered it their front yard. Mr. Braun commented that the ROW belongs to the City and does not belong to the adjoining property owner. The City is the only entity that maintains control of the ROW. If the City is going to allow parking in the ROW it should be in designated ROW parking areas. Ms. Williams asked Mr. Braun if we could avoid legal problems that were previously described if we rescinded policy that was approved at the last Parking Committee meeting. We could then promote Tybee as a pay to park community and allow parking in designated areas. Mr. Braun agreed. Mayor Buelterman stated that the intent of the Council is to arrive at solutions to the parking problems not to create them. Ms. Williams feels that where the City ROW is extensive, paid parking should be allowed and enforced. Ms. Doyle agreed that we need to look at designated parking spaces, making sure they are marked, other areas where parking could be designated and come to a solution and educate visitors as well as residents. Mr. Schuman agreed. Ms. Sessions asked Ms. Schleicher if towing should be considered in problematic areas. Ms. Schleicher stated that the local company did not have a storage lot but she thought we could get a contract with Sapp’s Towing. She further stated that it is not a legal issue but a logistical issue. Mr. Braun added that if the City institutes towing it must be clearly marked to include “if you are illegally parked – towing will be enforced”. Mr. Wolff agreed the Council needs to do everything possible to minimize encroachment into the residential neighborhoods. He also would like to suggest that a map of designated parking areas/spaces be made available to the public through the media, Savannah Morning News and the Better Hometown Newsletter. Ms. Williams asked Mr. Braun if residents had visitors and they parked in the City ROW would they be cited. He confirmed they would if it was not a designated parking area. Mayor Buelterman stated there is consensus that the City needs to designate parking spaces and then educate the public to only park in those spaces. Mr. Braun feels that it is possible to come up with reasonable rules to accommodate residents having guests. Mayor Buelterman stated that they need to come up with options regarding signage, possible towing for violators, media options, and establish a rule that states you can only park in designation spaces. Ms. Doyle made a motion to rescind the Parking Committee policy as stated on the back of the current water bill. Ms. Williams seconded. Vote was unanimous. Discussion: Mr. Braun reiterated that the City needs to be clear that you cannot park in the City ROW unless it is a designated parking space which would require a pay and display. Mayor Buelterman asked if anyone would like to speak to come forward. George Dawsey, 13th Street. Mr. Dawsey feels parking is a bigger problem requiring a bigger solution. He asked Council not to make people’s front yard a parking lot. Karen Kelly, 1701 Butler. Ms. Kelly thanked Council for realizing the issues at hand. Her issues include protecting the vegetation and tress, signage that would benefit visitors that parking is full and trash/recycling receptacles need to be placed at all designated parking places. Angela Byers, 911 Jones. Ms. Byers suggested we need to use other alternative parking locations such as Memorial Park. Bob Tompkins, 9th Terrace. Mr. Tompkins suggested that if the City bans parking in City ROW, a resident should be able to get a permit which would allow parking for their guests. Pam O’Brien, Lighthouse Lane. Ms. O’Brien didn’t realize the City allowed parking in the City ROW. Recently she has noticed visitors parking in the City ROW and feels we need enforcement. She asked that the City not designate additional parking the in City ROW. Frank Kelly, 1701 Butler. Mr. Kelly reminded Council that designated parking has been in place since 1983 which stated that you could you could park anywhere on the Island using pay and display as long as the area was not marked “no parking”. We need to look at restriping the rear parking lot at Ocean Plaza and a police officer at 14th Street redirecting traffic to other possible parking areas/spaces. He suggested that we raise parking prices on the weekend which might encourage visitors to come during the week. Ms. Sessions made a motion to approve the consent agenda. Mr. Wolff seconded. Vote was unanimous. Public Hearings 2012 Budget Hearing. First Reading. Mayor Buelterman stated there would be two hearings on the 2012 Budget, this meeting and June 23, 2011 at which time there would be a vote to adopt. Karen Kelly asked that recycling be made available to the commercial district. There are three restaurants that currently recycle, North Beach Grill – complete recycling; Social – complete recycling; and Huck-a-poos - everything but glass and he is willing to do that but the City needs to find means and a place to recycle. We need to separate trash from our bottles and cans and buy a glass crusher. Tybee Island needs to become the green community they claim to be. Ms. Schleicher reported that one hundred (100) new garbage cans have been ordered for the beach as well as an additional fifty (50) recycling bins on the beach. Mayor Buelterman reminded everyone that at the June 23, 2011 City Council meeting, Mary Hogan, Finance Director will give a presentation on the budget to include revenue and expenditures. 211 Butler Avenue. 211 Butler Avenue, LLC requests an after-the-fact variance for a setback encroachment at 211 Butler Avenue, located in the C-1 zoning district. Mr. Yellin, attorney for the petitioner, stated the encroachment was not intentional. They are seeking a variance of 5”. They applied for an encroachment permit from DOT which has been granted. Mr. Yellin also reminded Council, inspections are not done when foundations are poured but at the time of final inspection. Ms. Doyle suggested the City required a survey once the foundation is completed. Mr. Yellin confirmed that other jurisdictions do require a survey where Tybee Island does not. Ms. Sessions asked Ms. Schleicher to add foundation inspections to the Action Item List. Mr. Yellin doesn’t believe there is any negative impact on anyone and they take full responsibility. Ms. Sessions asked Mr. Braun if Council made a motion to approve can restrictions/conditions be put in place. He suggested that additional landscaping be included. Mr. Yellin stated that they have planted an additional six (6) oak trees and they are willing to add more at the recommendation of Council. Marianne Bramble opposes the 3rd Street access and feels Council should deny the variance. They were supposed to bring the green space all the way down to the north end of the property which hasn’t been done. There continues to be a lighting issue and the property needs to be cohesive with the neighborhood. She then asked Mr. Braun if Council could deny this variance with conditions. He stated that Council could do that. Ms. Bramble once again asked that Council deny the variance. Valarie Rome, 301 Lovell. Ms. Rome has growing concerns with new construction. She would request that Council give serious consideration for allowing this variance. Ms. Rome further asked to demand enough compensation so there is a stiff consequence of pay for disregarding the City’s ordinances and codes. Ms. Williams feels this was not an intentional encroachment on the ROW but there also needs to be accountability and consequences. Ms. Williams made a motion to approve with the following conditions: (1) all dead trees be replaced; (2) vegetation must be extended the length of the property that abuts Lovell Avenue; (3) understory must to be planted to further buffer the residents from the business; (4) lighting issue must be addressed; and (5) gutter system needs to be in compliance with the ordinance as the run-off is not contained. Mr. Wolff seconded. Mayor Buelterman is concerned about the subjectivity of the motion and how to place parameters on the motion. He asked Ms. Williams what exactly the petitioner would have to do to correct the lighting. She recommended that they consult with Georgia Power. Ms. Williams asked Mr. Braun for language on withdrawing her motion. Mr. Braun said you would want to defer consideration of this variance until petitioner can bring forth specifics as to lighting and an understory plan and at that time it would be continued until a later City Council meeting. Ms. Williams withdrew her motion. Mr. Wolff withdrew his second. Mr. Wolff made a motion to continue petition until petitioner presents a plan to extend the vegetative buffer the length of 3rd Street and Lovell with the exception of the driveway, contain all run-off including that coming from the downspout on to the property and present a lighting plan that will not impact the neighbors negatively. Ms. Williams seconded. Vote was unanimous. Discussion: Petitioner to bring plan to the July 14, 2011 City Council meeting. 4 Alger Avenue, Lot Recombination. Mr. Imhoff reported that the Planning Commission approved this request as submitted. Mr. Wolff made a motion to continue the petition until July 14, 2011 when Ms. Courington, manager of the owner, could speak with the owners as to the possibility of combining lots 6 and 7, leaving lot 8 as is. Ms. Sessions asked Ms. Courington what is the intent of the owner for the lots. She replied that since the property is zoned residential it would be the same. Mr. Wolff withdrew his motion. Mr. Garbett made a motion to approve site plan as presented. Mr. Schuman seconded. Voting in favor was Ms. Williams, Mr. Schuman, Ms. Sessions, Ms. Doyle and Mr. Garbett. Mr. Wolff voted against. Consideration of Ordinance, Resolution Amendments to Ethics Ordinance – First Reading. Mayor Buelterman asked Mr. Braun what changes were being presented to tonight. Mr. Braun read from notes sent from Mr. Hughes that it would eliminate the provisions in the current ordinance dealing with auxiliary members of the commission. Ms. Sessions made a motion to approve. Mr. Wolff seconded. Vote was unanimous. Land Development Code: Article 3-110. Second Reading. Mr. Wolff made a motion to approve. Ms. Doyle seconded. Vote was unanimous. Land Development Code: Article 3-165. Second Reading. Ms. Sessions made a motion to approve. Mr. Wolff seconded. Those voting in favor were Mr. Wolff, Ms. Williams, Mr. Schuman, Ms. Sessions and Mr. Garbett. Ms. Doyle voted in opposition. Land Development Code: Article 3-170. Second Reading. Mr. Wolff made a motion to approve. Mr. Schuman seconded. Vote was unanimous. Land Development Code: Article 3-230. Second Reading. Mr. Garbett made a motion to approve. Ms. Doyle seconded. Vote was unanimous. Land Develop Code: Article 3-240. Second Reading. Mr. Wolff made a motion to approve. Ms. Williams seconded. Vote was unanimous. Mr. Wolff made a motion to adjourn to Executive Session to discuss personnel, litigation and real estate acquisition. Mr. Schuman seconded. Vote was unanimous. Mr. Wolff made a motion to return to regular session. Ms. Williams seconded. Vote was unanimous. Mr. Wolff made a motion to adjourn. Ms. Williams seconded. Vote was unanimous. ________________________ ____________________ Janet LeViner Jason Buelterman Clerk of Council Mayor