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HomeMy Public PortalAbout050_010_20140918Minutes City Council Minutes 20140918 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30PM on September 18, 2014. Those present were Paul Wolff, Monty Parks, Rob Callahan, Wanda Doyle, Barry Brown and Bill Garbett. Also attending were Diane Schleicher, City Manager; Tommy Branch, Callaway, Braun, Riddle and Hughes, PC; Dianne Otto, Manager, Planning and Zoning Department; John Eric Schleicher, Intern, Planning and Zoning Department; and Janet LeViner, Clerk of Council. Mayor Buelterman listed the following items on the consent agenda: • City Council Minutes, August 28, 2014 as amended. • Francis Wooldridge, Beach Task Force • Special Event Consideration: Alee Shrine Pirate Unit #21, Annual Poker Run (September 27th; rain date October 4) 10AM — 3PM; areas of 16th Street Parking Lot • Special Event Consideration: NBBG 5th Year Celebration (October 26); @NBBG and adjacent parking lot • Special Event Consideration: Red Zone: Film (September 30, October 1-2, October 3, October 8-9): times vary and locations vary. Discussion: Mayor pro tem Doyle confirmed with Ms. Schleicher that all the businesses and citizens were notified of the event. She then expressed her concerns with the time frame in which Pirate's Fest will be setting up and possible conflicts with Red Zone. Ms. Schleicher stated that everything has been done to insure that the filming will not interfere with Pirates Fest. She further confirmed that all businesses and residents have been notified of the proposed filming. • Special Event Consideration: Coast Guard Survival Training (October 1 and October 15): 8AM — 12PM; North Beach area • Retail Beer/Wine — Package Sales only Request: Tybee Island Social Club; 1311 Butler Avenue, Current Alcohol and Sunday Sales license holder • Alcohol License Request — Special Event — Beer, Wine — 5 Year Celebration & Music Festival, October 26, 2014 • Audio Visual RFP for Tybee Island Public Safety Building • Budget Amendment: To request the City Council approve Fiscal Year 2014 year end budget amendments. Fund 275 Hotel Motel Revenues • Budget Amendment: To request the City Council approve Fiscal Year 2014 year end budget amendments: Interdepartmental adjustments are being made to cover overages at year end. Discussion: Mayor Buelterman asked Ms. Schleicher if she has the final number on the revenue over expenses, i.e., how much money is left over in the budget. Ms. Schleicher stated that they are close and are awaiting tax payments. Ms. Hudson approached mayor and council. She stated that the general fund has $992,000 over and there may be additional funding. Ms. Schleicher clarified that there is more in revenue over expenses which is a plus. Mayor pro tem Doyle clarified that funds do not have to be added to the campground's operation as they budgeted for revenue a little over $1M and $1.2M was collected in revenues and their expenditures were $844,000. Ms. Schleicher stated she will bring a formal report in October as there are projects where these funds could be allocated. • Request to Amend the Fiscal Year 2013-2014 SPLOST 2003 Capital Budget from $661,468 to $676,148: To balance the revenue and expenditures within the fund and increase appropriations to cover all costs • Proposed CPR/AED Training Policy — Cost for annual training is approximately $2,000 upfront for training ($27/employee). Cost for two additional AED's — one for DPQ and one for W&S - $2,764. Discussion: Mayor Buelterman asked Ms. Schleicher who will be conducting the training. Ms. Schleicher stated that it will be a certified trainer. See further stated that staff recommended the policy be reviewed as they are not in favor of mandatory training. Ms. Schleicher explained that there are staff that are not comfortable with taking the training due to liability issues. Mr. Branch stated that there is nothing legally that would be of concern for staff having the training and the State of Georgia provides a complete defense to an individual that is not an emergency personnel. The City nor the individual would have the liability as long as their care is not reckless much as the Good Samaritan Law. Mayor Buelterman asked Ms. Schleicher to contact other municipalities for policy. • Thomas & Hutton: Change Order #2 for the engineering agreement dated April 3, 2012. Change order of $35,500 is due to additional marsh permitting required beyond the scope in the original agreement. • Median Planting Project: Estimated Plant and Mulch Cost — Estimated cost to complete — Approximately $15,000 • EV chargers through GEFA grant program. Discussion: Mr. Wolff stated that he would like the City to participate in a possible grant with GEFA for electric vehicle chargers, 50/50 match. Mayor Buelterman asked who would be responsible for the electric bill. Mr. Wolff responded, the City. He would ask for the approval of mayor and council to submit an application and if the City is successful it would have to come back to mayor and council for approval. Mayor Buelterman called the regular meeting to order at 7:00PM. All those present for the consent agenda were present. Opening Ceremonies • Call to Order • Invocation: Sister Barbara Shimkus • Pledge of Allegiance: Brock Baumgartner, BSA Report of Staff, Boards, Standing Committees and/or Invited Guests • Tybee Island Fire Department • Tybee Island Emergency Management • Tybee Island Ocean Rescue • Finance • IT • Human Resources • River's End Campground • YMCA • Water / Sewer • Main Street Program Paul Wolff made a motion to approve the consent agenda. Rob Callahan seconded. Vote was unanimous, 6-0. Consideration of Bids, Contracts, Agreements and Expenditures Results from RFP's for Architectural and Engineering Services: City Hall Interior Renovation — Space and Security Needs Assessment and North Beach Restrooms. Ms. Schleicher stated that two proposals were received for city hall renovations which is only for the needs and security assessment and has not had the opportunity to do a matrix. This will be completed and brought back to mayor and council. She would also recommend that there be an interview process for the architects much as was done for the Public Safety Building. Mayor pro tern Doyle agreed. Mayor Buelterman asked Ms. Schleicher to invite Chatham County to preliminary meetings for the north beach bathrooms. Ms. Schleicher agreed and will notify Chatham County. Mr. Branch stated that baring circumstances, when an RFP is released and the criteria is listed, whenever they are ranked, in his opinion you will need to go with whoever scores the highest. He further stated that there is a provision in the state law that allows you have a short list and that is how it was handled with the Public Safety Building. Ms. Schleicher recommended that mayor and council interview all the architects that submitted an RFP. Mayor Buelterman confirmed. No action taken. Follow-up on North End Recycling — City Council Goals for 2014/15 — Prioritize Site Selection for Future Location of a 34 Cubic Yard Recycling Compactor near the North End Business District. Ms. Schleicher stated that this is a goal from mayor and council to do north side recycling. Staff has been trying to find a location for a compactor and she clarified that they have identified three locations as outlined in the packet before mayor and council. Ms. Schleicher stated that she would like to do a matrix, listing the locations, rank them and also rank based on zoning. She would like to do a survey that will be sent to the local businesses and have them ranked as well. Ms. Schleicher would also ask mayor and council to participate in the survey. She asked mayor and council for their recommendations such as if other sites may be suitable for the compactor. Mayor pro tem Doyle expressed her concerns with putting the compactor at the Department of Public Works. Mayor and council agreed that the matrix concept is good and Ms. Schleicher should proceed. Ms. Schleicher stated that it is her goal to have the completed matrix to mayor and council at the February 26, 2015 meeting in this way it can be included in the budget cycle. No action taken. RS&H Traffic Calming Study Proposal: Staff recommends studying Jones Avenue prior to the resurfacing project. Cost for Jones Avenue portion of the study is $13,094. Recommend budgeting balance of study in FY 16. Rachel Hatcher, RS&H, approached mayor and council to answer any technical questions. Monty Parks referred to the proposal where they indicated they would collect crash data from police records. He stated that on certain instances, crash data is not available as there was not a police report, insurance, etc. Ms. Hatcher responded that the majority of accidents are reported and their report will address traffic ability and safety. He then questioned the reference to sidewalks as being calming as in his research he found reference to sidewalks as being a safety feature. Ms. Hatcher stated that the calming effect of sidewalks is that it narrows the travel lane and creates a visual break and a need to slowdown. Mr. Parks stated he would also like to point out that they will be doing a traffic study with speed, number of cars, average speeds, time of day, and at the recent Public Safety meeting he was very surprised that the City can do the same study. Mayor pro tern Doyle asked Ms. Hatcher, if the City can collect the same data, what is the way in which they collect data that is more efficient than the City. Ms. Hatcher responded that they would be using the tubes that do not have a display and they would be in three different locations. Mr. Brown stated that the City will be able to collect the same data as RS&H. He discussed the speed on Jones Avenue and that there is no way to control it unless there are officers stationed at every corner. Mr. Garbett stated that those who have looked into the study think it will be an intelligent use of money and the City will benefit. Mayor Buelterman expressed his concerns with the study. Mayor pro tern Doyle stated that the Public Safety Committee discussed this recommendation at length. She feels this is the best way to determine what improvements need to be placed on the streets of Tybee. Mr. Parks expressed his concerns regarding a study during the construction on Jones Avenue. A short discussion ensued regarding the traffic on Jones and the impending traffic study. Mr. Garbett stated that this is an opportunity to get an unbiased opinion/study and feels it would be helpful to answer outstanding questions. Bill Garbett made a motion to approve. Rob Callahan seconded. Discussion: Mayor pro tem Doyle asked if the study was going to be done before or after the re-paving of Jones Avenue. Mr. Garbett stated before. Voting in favor were Paul Wolff, Rob Callahan, Wanda Doyle and Bill Garbett. Voting against were Monty Parks and Barry Brown. Motion carried 4-2. Public Hearings First Reading, 51-2014; Map Amendment & Text Amendment — 1109 Lovell Ave.; current zoning R-2/amended zoning N-G; Michael Hosti, petitioner; consideration of lot zoning. Dianne Otto approached mayor and council and explained the map and text amendment. She stated that at the time the Staff Report was done it was a request for a variance. Following an appeal by Mr. Hosti, the city attorney notified her that a variance for use is not allowable and therefore the request could only be changed to a map and text amendment. The consideration is now changed from the current R-2 zone to NG (Neighborhood Grocery Store District). Ms. Otto stated that the zoning map is in the room as required. She directed mayor and council attention to page 240 in the packet, Section 5-110 of the Land Development Code and then made reference to the Standards within the Section. Within these Standards there is a buffer requirement and if mayor and council move forward with this rezoning, that requirement would have to be addressed as the vacant lot situation differs from when the ordinance was written for the store and the parking lot. Ms. Otto stated that if the trailers located on the property are considered accessory structures there are restrictions on accessory structures on commercial lots. This would be a 5' set-back from any property line and within in the ordinance it states that accessory structures are not to be located on the residentially used sides of a commercial building. The Planning Commission considered this item and the motion was to approve with the requirement that all of the neighborhood grocery requirements be strictly enforced. The vote was 3-1 to approve. Mayor pro tern Doyle confirmed the restrictions are buffers. Ms. Otto responded that within the neighborhood grocery district it does not address the accessory structures as that comes from Article III where accessory structures are discussed in Section 3-070 and breaks it out between commercial and residential. She outlined the restrictions per the Code: (1) 5' set-back requirement; and (2) no temporary detached structure shall be allowed on the residential use side of a commercial lot where commercial and residential uses are adjacent. Mayor pro tern Doyle asked Ms. Otto to explain what is allowed in the grocery store district. Ms. Otto responded that the permitted uses are a grocery store with associated parking as required; single family residences; non-habitable accessory buildings; public utilities structures; home businesses offices and following special review, B&B, residential, guest cottages, home occupations and 2-family dwellings. Mr. Brown asked Ms. Otto to explain what will happen in the future when, as an example, tile companies that store the tile in the utility trailers which are parked in their yard. Ms. Otto stated that in her view the consideration at hand is commercial use of a residential lot. There have been warehouse requests to install storage on commercial properties which were required for site plan approval. This request was not eligible to come forward as warehousing on a residential lot as it is not allowed as a residential use. Mr. Branch stated that before mayor and council is a rezoning petition and if this is approved, the owner can put a warehouse or facility such as 211 Butler as this would be an allowable use. He further explained that when there is a rezoning petition such as this you are allowed under Sec 5-111 to place conditions on the property and if there are concerns as to what is planned for the property, conditions can be placed to alleviate concerns and require the petitioner to return in the future should he wish to change anything. Mr. Garbett asked Mr. Branch if he is in agreement that what is currently on the site is not allowed under the current zoning. Mr. Branch responded that he is in agreement that what is on the property currently is a commercial use that is not allowed in an R-2 district. He is also in agreement with the City in citing the property owner. Mr. Parks asked Ms. Otto, if mayor and council approved the rezoning, is a trailer allowed. Ms. Otto responded that in her opinion it does fall under the allowed uses. Mr. Parks then asked Mr. Branch if approved, does this constitute "spot zoning". Mr. Branch responded that in the packet before mayor and council is Sec 5-110 which is the Standard that mayor and council are to use to make the decision on a rezoning application. It is also the City Attorney's opinion that"spot zoning" is no longer an issue in Georgia. There is a lot of case law currently regarding "spot zoning" and that case law precedes a change in the state law. There is a Standard within the City Code, Sec 5-110, in which the City should be upheld if challenged. Mr. Garbett stated that his interruption of this request constitutes "spot zoning". Mr. Branch responded that the case law is no longer applicable since there was a change in the State Zoning Procedures Law. He urged mayor and council to follow procedures as outlined in the City Code. Karen Madson approached mayor and council to speak against this rezoning as it only benefits one property owner on the Island. She described that restrictions have not been met on this property as would ask mayor and council not to approve this request as the commercial corridor needs to be maintained. Mike Hosti approached mayor and council to answer and questions mayor and council might have. He stated that these storage trailers are used so he can buy in bulk, at a lessor price therefore pass the savings on to the customers of Tybee Market (IGA). Mr. Garbett asked Mr. Hosti if this request was not approved what would be his plan. Mr. Hosti responded that he would have to move the trailers and look for storage off Island. Mayor Buelterman clarified that he could put trailers on his property for storage and as long as they are not used as a commercial use, it would be allowed. Ms. Otto confirmed. Mayor Buelterman confirmed with Mr. Branch that the City's Code allows mayor and council to place restrictions on top of what the allowed uses are in this particular zone. Mr. Branch confirmed and in the approval of this rezoning, Sec 5-111: "in the conjunction with an approval of a rezoning of a property, council may impose conditions to the rezoning approval which shall have the full force and effect of law". Mr. Wolff stated that if this use is approved there should be an 8' privacy fence and he would like the impact on the neighborhood to be minimized. Mr. Hosti agreed. Mr. Wolff would like the following restrictions imposed: (1) install an 8' privacy fence on three sides and (2) only be used storage of goods in temporary movable structures (removed in 90 minutes). Mr. Hosti confirmed. Scott Hendricks, 1111 Lovell, approached mayor and council to speak in favor of the rezoning as he has no issues with the current use. Marianne Bramble, 215 Lovell, approached mayor and council stating that Mr. Hosti provides a much needed service on the Island. She further stated that Mr. Hosti has been in violation for five years and the former City Marshal failed to cite him. She feels this is selective enforcement with the City. Ms. Bramble made reference to previous enforcement issues with her property as well as the other three properties that have residential parking lots. Mike Hosti approached mayor and council to rebut Ms. Bramble's statement as the City did not overlook the violation. He was served with a complaint. Mayor Buelterman read a letter of support from a resident which was included in the packet before mayor and council. Wanda Doyle made a motion to approve the rezoning to the NG District and following the guidelines for that district with a 5' set-back and 8' privacy fence on three sides of the property. Barry Brown seconded. Discussion: Mr. Parks stated that this is an example of how far the City will go to work with businesses; to encourage businesses; and to try to reach out to businesses. Mr. Wolff stated that he appreciates Mayor pro tern Doyle's views, but he cannot vote in favor of this request, as he does not want there to be further impact on the neighborhood. Mayor Buelterman asked Mr. Branch what would be process if this motion were to be approved without restrictions. Mr. Branch responded that if there is no restrictions place, then theoretically a stand-alone grocery store could go on the property or other type of building. He could also sell the property. Mr. Wolff expressed his concerns. Mayor Buelterman stated that it is his assessment of this situation was not that there would be another building with a commercial use, just to move forward to allow Mr. Hosti to do what has been done for the last five years with additional buffers. Mayor pro tern Doyle asked Mr. Wolff to repeat his thoughts on the motion. Wanda Doyle amended her motion to approve the rezoning with the following guidelines: 5' set-back; 8' privacy fence on the three sides abutting residential; property only be used for storage of goods in portable accessory buildings; and nothing further can be done with the exception of parking. Barry Brown accepted and seconded the amended motion. Voting in favor were Paul Wolff, Monty Parks, Wanda Doyle and Barry Brown. Voting against were Bill Garbett and Rob Callahan. Motion carried 4-2. Discussion: Ms. Otto stated that the temporary portable structures that are included in the motion, is that limited to the existing or could it be expanded to more. Mr. Wolff responded that he would not be limited to the three or four existing that are in place as the privacy fence would mitigate any further impact. Variance & Special Review — North side of Hwy 80; zoned R-2; City of Tybee Island, petitioner; consideration of request to place materials in a marsh. Dianne Otto approached mayor and council stating that the Marsh Hen Trail is a proposed pedestrian bike trail to be located on the north side of Highway 80. This particular phase of the trail begins at the west end of the Battery Drive subdivision and proceeds east to Byer Street. Ms. Otto directed mayor and councils attention to the attachments in the packet and due to conditions there might be slight deviations from the plan that is currently proposed given the diversity of our marsh and what changes might have occurred since the survey was completed. The Planning Commission heard this request and their vote was 4-0 to approve. Monty Parks made a motion to approve. Paul Wolff seconded. Discussion: Mr. Wolff stated for clarity, mayor and council have taken every precaution to have as little impact on the marsh as possible. The bike trail will be a great resource for the City not just for residents but for tourism as well. He stated that there will be no fill added to the marsh. Motion was unanimous, 6-0. Variance — consideration of request to place materials in a marsh — Burton 4-H Center, 9 Lewis Avenue / Zone E-C / PIN 4-0015-01-001. Dianne Otto approached mayor and council stating this is in the EC zone and does not require special review. She explained that originally this request come forward as a bulkhead and since that time it has developed into a living shoreline. The request would place, along the bank, a sloped geotextile material held by timber at the top and oyster shell bags would be put in place for the intent for it to become habitat for oysters and other marine creatures. Ms. Otto stated that the Planning Commission vote was to approve, 4-0. Tom Havens, Civil Engineer, approached mayor and council to address any concerns. Mr. Havens stated that the bank is eroding and in most places it is steeper than shown and will move it back to make it stable with the oyster bags as well as a re-vegetation project. He explained that timing is of the essence due to the oyster season. They would like to begin construction in February 2015. Mr. Wolff thanked Mr. Havens for his work with this variance. Paul Wolff made a motion to approve. Rob Callahan seconded. Vote was unanimous, 6-0. Revocable License/Indemnity Agreement/Public Property, Kathryn Williams. Dianne Otto approached mayor and council stating that staff is working to get in place revocable licenses for items on city property; one that has recently come to her attention is the dumpster enclosure for North Beach Bar and Grill. This is located on the Battery Wall opposite the restrooms. Staff is requesting authorization for a revocable license for that location. Mayor pro tem Doyle confirmed this request is much like the previous requests that have been brought before mayor and council. Ms. Otto confirmed. Wanda Doyle made a motion to approve. Paul Wolff seconded. Vote was unanimous, 6-0. First Reading, 52-2014, Text Amendment; Article 7, Tree Ordinance; City of Tybee Island petitioner; consideration of requirements of trees. John Eric Schleicher approached mayor and council stating Jake Holcomb, Georgia State Certified Arborist who had done inventory work for the City in the past, agreed to review the current tree ordinance and how it is implemented. He stated that the Planning Commission heard this and their vote was to unanimously approve, 4-0. Mr. Schleicher stated that the new ordinance creates a tree board in which all city tree matters are heard by the Infrastructure Committee as trees are considered a public resource. He then read from the Staff Report (attached) where he outlined the Creation of a Tree Board, Minimum Canopy Requirement, Mitigation and the Significant Tree List. Mr. Wolff discussed the classification of the canopy trees and recommended that residents should not be restricted to only those choices of trees. Mayor Buelterman asked Ms. Otto to describe what would trigger a land disturbance permit. Ms. Otto stated that the land disturbance permit always applies to a commercial and is sometimes triggered if it is residential within 200 feet of state waters. Mayor Buelterman stated that the removal of any tree would trigger a land disturbing permit. Ms. Otto confirmed. Mayor Buelterman asked if you were removing a tree on the interior of the Island, would that trigger a permit. Ms. Otto responded yes. Mayor Buelterman stated that if you were doing anything to your property that would require removal of a tree that would trigger a permit. Ms. Otto confirmed. Mayor Buelterman thanked Mr. Schleicher for all his hard work in crafting the proposed ordinance. Mr. Brown asked Ms. Otto if he had a pine tree in his front yard, wanted to cut it down and wanted to leave the root, would that be considered land disturbing. Ms. Otto responded no as it would be considered tree removal. He feels the fines as outlined are high. Mayor pro tem Doyle thanked Mr. Schleicher for his work on the proposed ordinance but feels mayor and council do not need to dictate to the residents what their canopy has to be to include how many trees and the size of the trees. She stated that she disagrees with the species and agreed that it needs to be stricken. Ms. Otto confirmed. Mayor pro tem Doyle expressed her concerns with removing a dead tree and the permitting process. Mr. Garbett asked if there is an option where residents could appeal the amount of trees, size and type. He is also in favor of passing this ordinance on first reading and will forward his corrections and recommendations to Mr. Schleicher. Ms. Otto responded that in Sec 7-130 it addresses ways for alternative compliance and an appeal section, Sec 7-160. Mr. Wolff stated that the proposed ordinance is a move in the right direction and a good balance for the residents. Mayor Buelterman asked for clarification as would this apply to new construction or all land disturbances. Mr. Garbett, all tree removals. Mr. Wolff confirmed. Paul Wolff made a motion to approve. Bill Garbett seconded. Discussion: Mr. Wolff asked mayor and council to send any recommendations/corrections to Mr. Garbett for his review. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan and Bill Garbett. Voting against were Wanda Doyle and Barry Brown. Motion carried 4-2. First Reading, 42-2014; Text Amendment; Article 16, Stormwater Management; City of Tybee Island, petitioner; consideration of regulations for storm water. Dianne Otto approached mayor and council to answer questions or concerns. Mayor pro tem Doyle asked Ms. Otto if the only changes are what are denoted in red print. Ms. Otto confirmed. Planning Commission approved this text amendment unanimously. Monty Parks made a motion to approve. Rob Callahan seconded. Vote was unanimous, 6-0. Consideration of Ordinances, Resolution 53-2014, Sec 2-78, Regular and special meetings. Wanda Doyle made a motion to approve. Paul Wolff seconded. Vote was unanimous, 6-0. First Reading, 26B-2014; Municipal Code, Sec 54-6, Road Warranty; City of Tybee Island, petitioner; consideration of requirements for street work. Mr. Wolff explained that this changes the bond fees from $600 to $750 and only two years not four regarding warranty. Paul Wolff made a motion to approve changing from 4 to 2 years, Section B. Monty Parks seconded. Vote was unanimous, 6-0. Council, Officials and City Attorney Considerations and Comments Mayor Buelterman outlined his intentions for a Resolution asking GPA to study the impacts of shipping channel and ship wake on north-end erosion rates. He stated that the study would cost more than the ultimate cure so therefore there will not be a study. He would like to contact the contractor for the upcoming re-nourishment to purchase excess sand, storing it somewhere off the beach until permits can be obtained and then placing it on the beach on the north-end. Mayor pro tern Doyle gave an update on the Public Safety Building. She explained that there was a small glitch with the limestone rock for the parking lot as it is not available at this time. The Public Safety Committee decided to go with granite crush-n-run as it is readily available. She described the construction site and asked for the patience from the residents as there will be road closures while the construction is winding down. Mayor pro tern Doyle stated that the proposed ribbon cutting will be December 11, 2014 at 4:15PM and would ask mayor and council to be at the Public Safety Building at 4:00PM. The Tybee Island Police Department has agreed to cook hot dogs and there will be other refreshments as well. She is also working on a guest list to include the media. Mayor Buelterman asked when the first council meeting will be held at the facility. Mayor pro tem Doyle responded December 11, 2014 moving forward. Paul Wolff made a motion to adjourn to Executive Session to discuss property acquisition and personnel. Rob Callahan seconded. Vote was unanimous, 6-0. Paul Wolff made a motion to return to regular session. Rob Callahan seconded. Vote was unanimous, 6-0. Paul Wolff made a motion to adjourn. Rob Callahan seconded. Vote was unanimous, 6-0. Meeting adjourned at 9:52PM. Janet LeViner Clerk