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HomeMy Public PortalAbout050_010_20141009Minutes City Council Minutes 20141009 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30PM on October 9, 2014. Those present were Paul Wolff, Monty Parks, Rob Callahan, Barry Brown and Bill Garbett. Also attending were Diane Schleicher, City Manager; Bubba Hughes, City Attorney; Dianne Otto, Manager, Planning and Zoning Department; and Janet LeViner, Clerk of Council. Mayor pro tern Doyle was excused. Mayor Buelterman listed the following items on the consent agenda: • City Council Minutes, September 18, 2014 • Patti Smith, Beach Task Force Appointment • Private Parking Lot — Commercial District: Tybee RE Operating Company, LLC dba Ocean Plaza Beach Resort — Private parking (new holding company) 1401 Strand • Alcohol License Request: Beer/Wine/Sunday Sales — Package Sales: Beer and Wine Only — Gift Shop; Tybee RE Operating Company, LLC dba Ocean Plaza Beach Resort — Market Place (new holding company) 1401 Strand • Alcohol and Entertainment License Request: Liquor/Beer/Wine/Sunday Sales — Entertainment Tybee RE Operating Company, LLC dba Ocean Plaza Beach Resort — Dolphin Reef (new holding company) 1401 Strand • Special Event Consideration; Tybee Island Pirate Fest (October 10-12); 16th Street parking lot w/beach area & Tybrisa / Strand Roundabout — Amendment to include Friday night (10/10) fireworks from the Walter W. Parker Pier & Pavilion • MCCI, a subsidiary of Municipal Code Corporation; for scanning/indexing rolled plans from the archive room for the Planning and Zoning Department; $5,000 for fiscal year 2015. Budget Line Item: 100-7220-52-1300, Contract Services. Ms. Otto explained that this is Phase 1 and the funds have been allocated in the budget. • Mass Notification System Usage Policy. Ms. Schleicher stated that the responsibility will now fall with the 911 Call Center during after-hours. • By-laws, Development Authority/Main Street Program. 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: Jan LeViner, Clerk • Pledge of Allegiance Paul Wolff made a motion to approve the consent agenda. Bill Garbett seconded. Vote was unanimous, 5-0. Public Hearings Text Amendment, 54-2014, Sec 3-070, Permissible Structures per Lot; Accessory Structures. City of Tybee Island, petitioner; consideration of electrical meter standards. Ms. Otto approached mayor and council to answer any questions. She stated that this is a text amendment to Section 3-070 and in their packet is comparable language from Chatham County. Due to the City receiving services from Chatham County for inspections and construction, it is a good practice to be consistent between the two jurisdictions. Ms. Otto stated that the language before mayor and council tonight reads: "single family residential lots shall be limited to one electrical meter" to include language from the Planning Commission: "the one electric meter standard shall not apply to solar power". Mr. Wolff thanked Ms. Otto for adding the language regarding solar meter. Frank Kelly, 1706 Inlet Avenue, approached mayor and council asking for clarification as to why the rule is being implemented. Ms. Otto explained that this change applies to residential only and not commercial property. Mayor Buelterman asked Ms. Otto for clarification. Ms. Otto stated that the ordinance before mayor and council applies to single family residential lots and not application of this particular restriction to commercial property. Mayor Buelterman then asked what would be the rule for commercial. Ms. Otto responded that commercial is reviewed by Gregory Anderson, Chatham County, as the City of Tybee does not do commercial plan review. There was a brief discussion regarding the electrical meter requirements for the Beach View property as Mr. Kelly feels there is miscommunication in the process. Ms. Schleicher confirmed that the proposed ordinance before mayor and council is for residential only and not commercial. She suggested that the City contact Chatham County for a letter of clarification for Mr. Kelly. Mayor Buelterman responded that he is willing to contact the County on Mr. Kelly's behalf if his concerns are not addressed. Mr. Kelly thanked mayor and council. Mr. Wolff clarified that the proposed ordinance only applies to new construction as everything that is already in place will be grandfathered. Ms. Otto confirmed. Paul Wolff made a motion to approve. Bill Garbett seconded. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan, and Bill Garbett. Voting against was Barry Brown. Motion carried 4-1. Text Amendment, 55-2014, Article 2, Definitions. City of Tybee Island petitioner; consideration of definitions. Ms. Otto approached mayor and council stating Planning Commission heard this request and the vote was to approve, 6-0 with modifications. This ordinance is broken down to definitions to be added, to amend, and those to strike dependent on the proposed tree ordinance before mayor and council this evening. Mr. Wolff asked Ms. Otto to explain the removal of sections pertaining to tree removal being struck. Ms. Otto responded that the proposed tree ordinance has its own section of definitions. Paul Wolff made a motion to approve. Bill Garbett seconded. Discussion: Mr. Parks asked Ms. Otto if the definition of hardship replaces the word variance. Ms. Otto responded no. Mr. Hughes responded that the definition of hardship is consistent with what the requirements for a variance are, that is the property cannot be feasibly developed in strict conformity to the ordinance. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan and Bill Garbett. Voting against was Barry Brown. Motion carried 4-1. Consideration of Ordinances, Resolutions Second Reading, 26B-2014; Municipal Code Sect 54-6, Road Warranty; City of Tybee Island, petitioner; consideration of requirements for street work. Paul Wolff made a motion to approve. Monty Parks seconded. Vote was unanimous, 5-0. Second Reading, 42-2014; Article 16, Stormwater Management; City of Tybee Island, petitioner; consideration of regulations for Stormwater. Paul Wolff made a motion to approve. Rob Callahan seconded. Vote was unanimous, 5-0. Second Reading, 52A-2014; Article 7, Tree Ordinance; City of Tybee Island, petitioner; consideration of requirements of trees. Mayor Buelterman stated that he has a host of questions and concerns. Mr. Parks stated that his concerns are as follows: (1) the Tree Board is important and should be a council commission much like the Infrastructure or Public Safety Committees as a group of volunteers might not carry the same concern or weight; $300 sounds appropriate, it is too expensive for a mitigation fee; not comfortable with the charts detailing the type of trees; pines should not be on the significant tree list; sweet gums are listed as both a significant and evasive trees; and there seems to be a lot of ordinance for what the City is looking for. He does agree with the intent. Mayor Buelterman asked Ms. Otto what would trigger a land disturbing permit. Planting? Ms. Otto responded, planting, no. She stated that land disturbance would involve digging of footings, bush hogging, cutting down a dead tree, etc. Mayor Buelterman asked Ms. Otto the fee associated for a resident to obtain approval for a new tree canopy. Ms. Otto responded that only if the residents are not meeting the tree canopy and wanted to make a payment to the Palms Up Fund, additional costs would be applied. The permit fee is $50.00. Mayor Buelterman stated that due to all of his concerns, not so much questions, he would not recommend adding this layer of bureaucracy and regulations as he does not see a problem that mayor and council are trying to solve. He also expressed his concerns regarding trees dying during construction. Barry Brown made a motion to deny. Motion died for lack of second. Bill Garbett made a motion to approve as modified by Mr. Wolff statement to include palms in the small tree category and add cost effective alternative language. Paul Wolff seconded. Discussion: Mr. Brown asked Ms. Otto whose responsibility it is to enforce the portion of the ordinance regarding the survival of a tree for two years. She responded that if would be the responsibility of the Planning and Zoning staff as stated in the current ordinance. Mr. Garbett recommended that the first order of action of the proposed Tree Board would be to review the proposed ordinance in its entirety as there is opportunity to change species of trees which are desirable or less desirable. Mayor Buelterman suggested that it might be a better idea to have the proposed Tree Board meeting prior to approval of this ordinance as they could bring their suggestions and recommendations to mayor and council at a future meeting. At that time the proposed ordinance would be presented to mayor and council for approval. Mr. Wolff thanked Mr. Schleicher for all his hard work. Mr. Parks confirmed that this is the final reading and would ask that the Tree Board be formed now. This Board would consist of three city officials and two residents have them convene and review and come back for final reading. Mayor Buelterman commented that it is his recommendation as well. Mr. Hughes stated that if that was done, there would have to be another public hearing. Mr. Wolff asked which city officials that will sit on the Board. Mr. Parks volunteered to sit on the Board. Mr. Wolff stated that it is his opinion that the Tree Board be formed after approval of the proposed ordinance; they review and bring back to mayor and council if they feel changes need to be incorporated. Voting in favor were Paul Wolff and Bill Garbett. Voting against were Monty Parks, Rob Callahan and Barry Brown. Motion failed 2-3. Monty Parks made a motion to table the proposed ordinance; convene a group to come back in 60 days with recommendations; and advertise to get citizens involved. Paul Wolff seconded. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan and Bill Garbett. Voting against was Barry Brown. Motion carried 4-1. Second Reading, 51-2014/56-2014; Map Amendment and Text Amendment — 1109 Lovell Ave.; current zoning R-2/amended zoning N-G; Michael Hosti, petitioner; consideration of lot zoning. Mayor Buelterman asked Ms. Otto the time limit on Mr. Hosti installing the buffers. Ms. Otto stated that she has had no conversations with Mr. Hosti since the city council meeting on September 18, 2014. She explained that the version that is included in the packet before them was slightly altered regarding subsection 2. The PIN numbers that had been in the prior ordinance are no longer in use due to the lots where the current store and parking lot are and were re-combined as part of the site development. The version that if approved the mayor will be signing only has the PIN number for the store and parking lot combined property and the PIN number for the vacant lot that we are considering. Also, in Sec (7) (a), mayor and council's version does not include employee parking. The version that staff would prefer mayor and council to be voting on this evening does allow employee parking on the vacant lot. Barry Brown recused himself. Paul Wolff made a motion to approve with the condition that the 8' privacy fence be installed within 90 days of the date of approval. Monty Parks seconded. Discussion: Mayor Buelterman asked Ms. Otto if there was anything else that is in the buffer with the exception of the fence. Ms. Otto responded yes, vegetation. Mr. Wolff amended his motion to approve with the buffer which includes an 8' privacy fence be completed within 90 days. Mr. Parks seconded the amended motion. Discussion: Mr. Garbett expressed his objections as mayor and council are giving an individual permission to park junk trailers on the property and denying him the ability to build an adequate storage building. Mayor Buelterman responded that mayor and council did not want an expansion of the commercial use and set precedence. Mr. Wolff commented that this is something Mr. Hosti has been doing for over five years and a building would be a further intrusion into a residential neighborhood for a commercial use. Voting in favor were Paul Wolff and Monty Parks. Voting against were Rob Callahan and Bill Garbett. Mayor Buelterman voting in favor. Motion carried 3-2. Council, Officials and City Attorney Considerations & Comments CPR/AED Employee Training Policy Revised. Mayor Buelterman stated that this will be brought back before mayor and council as Ms. Schleicher met with staff for their recommendations. She will revise the policy and bring back at the October 23rd 2014 city council meeting. No action taken. Paul Wolff made a motion to adjourn. Rob Callahan seconded. Vote was unanimous, 5-0. Meeting adjourned at 7:45PM Janet LeViner, Clerk of Council