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HomeMy Public PortalAbout20060209_TybeeCouncilMinsCouncil Minutes Page 1 of 10 Meeting of 2006-02-09 City Council Minutes Mayor Jason Buelterman called the Consent Agenda Meeting to order at 6:30 PM on February 9, 2006. Minutes to January 26, 2006 were approved with corrections. Minutes to February 1, 2006 Special Council Meeting were approved. A Retreat Scheduled for February 16th was approved. Authorization for Staff to Adjust Errors on Water Bills because of unknown problems in previous billing cycle will be put on Agenda for next meeting. Publicize Arbor Day Approved. Assistant City Manager Dee Anderson showed Council the City Seal that Todd Smith has been working on. Mr. Wolff asked how much it would cost to implement it as our new City Seal. Mayor Buelterman said it could be phased in as new items are needed. Mr. Anderson said he was hoping to get Council’ s approval to use the new seal on the ID cards for City Employees. Mr. Hughes said he would prepare a resolution for changing out the City Seal for Council’ s Approval. As there were no other items for the consent agenda, Buelterman adjourned this meeting. Mayor Jason Buelterman called the February 09, 2006 Regular Tybee Island City Council meeting to order at 7:00 P.M. Council Members present were, Sessions, Crone, Pearce, Williams, Doyle and Wolff also present were the City Attorney and Assistant City Manager. Mayor Buelterman asked Father Costigan to give the Invocation. The Tybee Memorial Color Guard posted the Colors and everyone recited the Pledge of Allegiance to the Flag. Buelterman congratulated Wanda Doyle on the birth of her New Granddaughter. Buelterman congratulated Paul Wolff for the award he received from the Georgia Municipal Association for completing the required numbers of hours of course work. Nestor Gernay was not present. Mr. Mahoney presented Council with a Petition containing 49 signatures requesting that Council, Rescind, Repeal, Annul or Stay the action taken in the last meeting of January 26, 2006. He has presented the City Attorney with two cases that were decided by the Supreme Court stating, you may have to have a Public Hearing before you decide final action before allowing the text amendment to go forward. The reason for my asking this is the C-1 district is a small and compact district that was zoned to concentrate residential and commercial uses. You already have certain safeguards in place to deal with development. They are height and parking restrictions also parking size restrictions and setbacks written into your ordinances for enforcement. This matter in my opinion was voted in by a majority vote of 4 to 2 during a discussion on concerns about density in the C-1 district. There is nothing in your records at the present time and there is no evidence before you that I’ ve been able to obtain to suggest that there is a specific density problem in the C-1 district. It is important that the owners in the C-1 district, who have the very same rights within the bounds of your regulations to develop their property as any other owner in any other zoning district, be assured that there is a problem before an alleged correction takes place that binds all of the property in the C-1 district. In your wisdom and in your budget adopted this year you anticipate revenues from Hotel Motel Taxes of one and a half million dollars. You have also provided that in the Capital budget you plan to spend over a million dollars on Capital Projects in Public Works and over two million in Capital Outlay from the Water Sewer Enterprise Fund. You are already installing and working on water line improvements in this community. That does not sound like a community that is overridden or over dense with people and Council Minutes Page 2 of 10 buildings but it does sound like a community that is viable and growing and providing for the future. We are asking that you look at this with an open eye in getting the opinions and input from all the property owners in the C-1 district as opposed to listening to those people from other zoning districts. I respectfully request that you take advantage of the parliamentary procedures that you have and allow this matter to be looked at from a standpoint of whether you need to rescind, repeal or annul it or simply put it aside until you can gather all the information to see what is best for not only a small number of people but for all the citizens of Tybee. Particularly the C-1 owners that have signed the petition which clearly shows they are interested in this matter from the standpoint of losing their rights to the use of their property which they have a constitutional right both Federal and Statewide to enjoy. We are asking that you back off in your wisdom and allow everyone to provide the necessary input and all the information before this text amendment locks down everyone in the C-1 district. Jenny Orr owner of Fannie’ s on the Beach in the C-1 district said she feels that Mr. Mahoney touched on all of her concerns as a property owner in the C-1 district. She owns a restaurant, a five-unit apartment building and a single-family home in the C-1 district. I have been there for fifteen years and I believe I have a clear understanding of how the C-1 district works. I feel that the Council did not consult the property owners in the C-1 district. In reviewing the minutes there were two Council Members that said we do not have enough information to make a decision of this magnitude. I feel that four members of Council voted it through too quickly. I know you didn’ t ask me and I’ ve been there for fifteen years. I have watched as you have added green space requirements and setback requirements to keep density in check. I believe this is a knee jerk reaction to a lot of variances that have been granted and I am not anti variance but I believe there has been extreme development in the C-1 district. However I think what you voted in took away our rights. We are being asked to pay the price for Council’ s overcorrection of a problem. Lisa Foley from the Department of Transportation wanted to let the Tybee People know that they are out on Highway 80 to reclaim the right of way from the overgrowth of trees and shrubs. The plan this time is to start at Lazaretto Creek Bridge and leave the established Palm Trees but cut all the other plants back. The Oleanders should grow back symmetrical and lovely. We hope to maintain the Wax Myrtles better and not allow them to grow so wildly. The plans are too safe up the roadway and in the process enhance and improve the aesthetics of the Tybee Road. Mr. Pearce said he doesn’ t have trouble with the trimming but in the past they have hacked them off with a saw and left the rough edges and he hopes that the trimming would be more discreet and aesthetic. Ms. Foley said in the past they used the equipment that they had which would bite out a straight line. We received numerous complaints. What we plan to do this time is just cut it all down to the ground. Someone asked how long it would take for the Oleanders to grow back. Ms. Foley said she is no arborist but she believes they grow back quickly maybe within a season or so. Ms. Williams thanked Ms. Foley for coming to address the citizens concerns and she asked that the DOT remove the cuttings and clean up the trash as the work is completed. Ms. Foley said that is the plan and the only reason the DOT wants to do the trimming is in the interest of safety. We need to make room for people to pull over in the event that they should need too. We plan to cut down and chip up the bushes and haul them away and we also plan to bag up the trash and haul that away as well. Ms. Sessions asked if the DOT had been in touch with any Master Gardeners. Ms. Sessions said she had been contacted by a couple of Master Gardeners that were familiar with the work previously done by the DOT. They want to volunteer their time to help make it as nice as possible. Ms. Foley said they do have an arborist that consults with them but they are not landscapers and they are limited with their resources as to what they can do. We would certainly be interested in anyone’ s thoughts or ideas that we could incorporate into what we are doing. Ms. Doyle said the Oleanders on President Street were cut low and they came back much fuller and more beautiful the next year so cutting them is good for them. Ms. Foley agreed it is good for them and it doesn’ t take as long for them to grow back as you might think. Ms. Williams requested that Ms. Foley assure the citizens of Tybee that the DOT is looking at cutting the bushes back and not adding 4 lanes to the Tybee Road. Ms Foley said there is no association between the Council Minutes Page 3 of 10 trimming and adding lanes. Mr. Wolff asked for assurance that Ms. Foley had researched and found that the trimming would happen at a optimum time of year to keep the plants healthy. Ms. Foley said yes and this is the time it should be done. Sandy Major said there has been discussion at the Tybee Neighbors Association meetings concerning supporting small businesses through tax incentives and other initiatives. At our February meeting a team of eight people volunteered to do whatever they can to assist Council and local Tybee Businesses in researching available Business Incentives, drafting Grant Proposals and championing the development of meaningful incentives. The Goal would be to encourage new businesses to locate here and encourage existing businesses to stay here on the Island. At the same meeting three people volunteered to work with our local birding community to research and assist in writing grants and to Champion Eco-Tourism and Eco-Tourism Businesses. I am especially committed to this because of owning my own small business for fifteen years and also because I was a Small Business Counselor for eight years at the Small Business Development Center. This is an organization funded by the Small Business Administration to provide support services for small businesses. In this capacity I assisted more than four hundred small businesses in a small resort community with similar problems to those of Tybee Island. The support included helping those businesses write plans and get loans and grants. I also worked with a community group to raise over 2.5 million dollars to construct a building that served as an incubator center for small technology businesses. Later as director of that center I helped those small technology businesses grow and thrive. I also served on the Board of Garret County Chamber of Commerce and helped to reduce and eventually repeal Personal Property Taxes for small Garrett County Businesses. Through these efforts I learned that there is a myriad of resources out there for small businesses but it takes a united effort to tap these resources and use them to strengthen the business climate in a small tourism based community. I learned according to SBA statistics for several years prior to 2003 that about two thirds of small employer firms survived two years and about half survived for four years. I encourage Council to accept our offer of help in initiating a comprehensive effort to assist in the researching of available business incentives, drafting grant proposals and championing the development of meaningful incentives to encourage new businesses on this island and to encourage existing businesses to stay on Tybee. Mr. Wolff thanked Ms. Major for putting that together and said the Beach Business District Meeting next week at City Hall would be an excellent starting point for getting the business owners involved. Mayor Buelterman said that Council is appointing committees and has discussed establishing a committee to help with small businesses. Sandy Postle invited everyone to participate in the Tybee Neighbors Association. Their meetings are on the first Thursday of every month from 7:00 to 9:00 PM. The meetings are held in the Cafeteria at the Old School. The group is interested in preserving the high quality of life on Tybee. We also have a very informative website at www.tybeeneighbors.com which contains the entire Tybee Master Plan to download and print. There are also mini surveys and reading material concerning projects that the Association is getting involved in. Rachel Perkins spoke as the Author of the legislation concerning the 1125 sq ft for every unit in C-1. She is hoping to become a Professional Planner having worked on her Masters Degree by taking a planning track. I took this on as sort of a puzzle. The idea came about through a comparison of water rates. Jan Fox put together a chart comparing residential units along the R-2 district on Miller and Lewis Avenue. She then compared that to the rates being used in C-1 by the Condominiums and she adjusted for density because a condo is three stories tall and she compared uses per amount of land. During the months of mid May until August there is a huge spike in this area representing the volume of water that is used in C-1 over the equivalent volume that is used in R-2. This is with density capped at a three to one ratio. That is the way I came up with that figure considering the densest neighborhood and a duplex lot at such and such a square foot and divide that into three and the number I got was 1125 Sq Ft. You can also divide that into 4 for a 4500 Sq Ft house. You can’ t go higher than three stories but if you start stacking Council Minutes Page 4 of 10 them and putting them together you will end up with a much higher density. The reason a minimum lot size makes sense is because it is consistent with the Master Plan. All existing neighborhoods have minimum lot sizes to determine density so it makes sense that the C-1 district should be governed for residential use by the same laws. It allows for better planning. In trying to do a build out survey I found it is impossible to figure the C-1 district using the existing codes because of the combining of lots and putting parking underground. If you have minimum lots sizes you can figure the maximum build out and determine water usage. Ms. Perkins used a slide presentation to explain that the single lot owner will not be impacted by this change. She explained that the impact would be for those wishing to develop property by combining lots. Our interest is in having the best building built for the person that will be occupying it. Lawanna Tsoulos presented the petition from Jacobs Builders for a Variance to build within the 25 foot DNR buffer at Lot 12 North Wave Subdivision. They want to build a single family residence. Ron Jacobs representing Steve and Judy Sims said the Sims bought the lot back in 1998 and very serious health issues forced them to wait until now to build the house. During that time the DNR line moved landward approximately 25 feet according to the original plat severely restricting and in fact completely restricting any kind of building on the lot. Mayor Buelterman asked what caused the line to move. Mr. Jacobs said the marsh line actually moved landward. Ms. Sessions asked if a house could be built within the front setbacks. Mr. Jacobs said the house would not meet the minimum sq ft restrictions for a residence in that neighborhood. It would also throw the house out of whack with the adjoining houses. Ms. Doyle asked what the minimum requirement for that neighborhood is. Mr. Jacobs said 1800 square feet. Mr. Pearce asked if that was a restriction from the Home Owners Association. Mr. Jacobs said yes. Mr. Pearce said that is a separate issue from the ordinances that Council is trying to enforce. Mr. Jacobs said he understands that but he could not build a 400 sq ft house in the area outside of the buffer even if it encroached on the front setback line. Ms. Sessions said at the Planning Commission meeting there were concerns about the amount of erosion in the last eight years and wanted to know what the Sims’ s plan was. Mr. Jacobs said one of the recommendations was to install a bulkhead at the current marsh line and we agreed that would be acceptable. We also plan to install pervious pavers under the house instead of a slab to allow water to migrate through the pavement and also using eco friendly pilings instead of solid concrete footings and pilings. Mr. Jacobs said it is mainly plant life that the DNR has identified as being marsh plants that have moved up into the lot. Mr. Pearce asked exactly how much of a variance would be needed. Mr. Jacobs showed the footprint of the house saying it isn’ t actually in the marsh but it is in the 25-foot buffer. Ms. Williams asked if they had applied with the DNR for a bulkhead permit. Mr. Jacobs said no they have to get Tybee’ s permission first. Ms. Williams said the adjoining neighbors had built bulkheads and that is why the marsh encroached on this lot that way. She said she was surprised at how little land is left there but Dee Anderson said there is room within the front setbacks to build a house. Mr. Anderson said in looking at the plans there may be enough room if the porch was removed but he doesn’ t know the exact dimensions of the house. Mr. Jacobs said the pavement is within 10 feet of the front setback line so if they encroach they would be 5 feet off of the pavement and even though that is an option I was trying to build it in keeping with the other houses. Ms. Williams said normally she would agree with the esthetics but all the research shows how critical it is to protect the Marsh, which protects the water quality that affects all of us. Ms. Sessions said the alternative if the petition is denied is a house that is not in keeping with the rest of the neighborhood. Mr. Pearce said he might agree to a little variance into the buffer but the drawing shows the house going into the entire 25 feet of buffer zone to the marsh edge, which would not be environmentally wise. Mr. Jacobs said the owners have already cut the size of the house by 600 sq. ft. to make it fit within the buffer area. They have limited the deck size to six feet in certain areas just trying to work around the restriction. Mr. Pearce asked if the bottom line on the drawing was the marsh line. Mr. Jacobs answered yes but that is why we intend to build the bulkhead to prevent further encroachment. Ms. Doyle said when the Sims bought their property in 1998 they did not realize that there would be a revised jurisdiction line. I am new at this but variances are supposed to be because of a hardship and this would represent a hardship. Ms. Williams said she agrees that this is a Council Minutes Page 5 of 10 hardship and that is why she would entertain a variance for the front yard setback, which would not cause environmental damage. Ms. Williams asked Mr. Hughes about the bulkhead permit. Mr. Hughes said if they were not going to develop the lot but were simply going to put in a bulkhead the DNR would require that they get the City’ s permission before they would consider an application. The City would have to approve a permit for the location for the bulkhead and then they would apply to the DNR. Ms. Tsoulos said the Planning Commission by a vote of 6 to 0, recommended approval with conditions of using environmentally safe pilings, pervious pavement and the bulkhead permit. Keith Gay said he and his wife own a home in North Wave that was purchased from the owner and almost all of the homes out there have bulkheads and it is his understanding that the developer gave back a certain portion of marsh to the DNR to be able to build up to the marsh line. He said he invites anyone on Council to come out there and look at the marsh. There is no damage the marsh is alive and well. I would support the application for the variance because if a bulkhead would have been in place there would be no encroachment of the marsh line. Mr. Crafton lives three doors down from this property and he said that the Council was supposed to have gotten a letter, which he reviewed, from the Home Owners Association supporting this petition. Mr. Sims is not asking for anything that does not already exist out there. Council said they did not receive the letter. Mr. Crafton said if they build their house into the front setbacks when the house is located on a circle he believes there would be a safety issue because the house would be sitting out to the street. I believe he should be able to build like everyone else in that neighborhood and go along with the rest of the houses. Ms. Perkins said she was a member of Planning Commission in 1997 when North Waves Subdivision was approved and there were a lot of concerns about the potential drainage and such to the point that the City of Tybee had written on the decision that there would be no responsibility for the City of Tybee because of damage caused by flooding, erosion or the like. The encroachment on this lot by the marsh was absolutely predictable because of the bulkheads that were built on either side. Her concern is not that this one lot will damage the whole marsh. Her concern is the precedence of setting in the marsh setback. She asked Council not to establish that precedence as is depicted on these drawings. She said if Council establishes that there is a hardship then there should be a compromise made but keep the integrity of the Marsh Edge that is important to the whole island, which is more important than any individual streetscape. An adjoining neighbor said he had received an invitation from the City to speak for or against this proposal. He asked that everyone put politics aside for a moment and think about this family’ s situation. He believes that the variance procedure is in place for very good reason and that it is for the Council to be able to help people that are in trouble and identify them and somehow come to a decision to give them a break. I believe the Tybee people have big hearts and have welcomed a lot of new people onto the island and we do care about the marshes and the environment. This family has had to deal with Leukemia in the last few years and they have suffered enough. I hope that you will search your hearts and wrack your brains and show compassion to this family and come up with a solution to allow them to utilize their property to build their home and live out their lives. Janet Rutledge is a neighbor to this property and she asked Council to please allow the two remaining lots to be built on so that the subdivision will be completed the way it was supposed to be when it was developed. The developer sold us those lots after making a deal with the government. Please don’ t take away the rights that we bought at the time. I think if you make us encroach on the front twenty feet that should be a terrible egregious thing that can’ t be done under our zoning laws. This was decided in 1997, please don’ t change the rules on us when we only have two more lots to go to complete our subdivision. Barry Brown said he was in that development from the start when he had five or six of the lots and what these people are saying is true. The developer was supposed to build the bulkhead around all these lots to protect this property and he did not live up to his agreement. Everyone out there is right on the bulkhead or the marsh. If these people have to follow that line their house is going to look like something out of the space age. The DNR gave permission for lot 19 to get the pilings in and it is not hurting a thing. We are trying to avoid a saw tooth look to the island and that is what you will be creating if you make them build in the front setback. Mr. Crone made the motion to approve with the three conditions that the Planning Commission recommended. Ms. Doyle seconded the motion. Ms. Williams said maybe the owner should consider some legal action against the developer. Mr. Pierce said he would consider maybe five feet but not all the Council Minutes Page 6 of 10 way to the marsh line stating that he has written articles concerning runoff from building in the marsh and there is scientific evidence that shows that runoff effects the environment. He is concerned about setting precedence. Mr. Wolff said even though he empathizes with the owners, he believes the problems should be taken up with the developer or the association because even if someone else built on the marsh it doesn’ t give Council the right to break their own ordinances and allow irresponsible construction to continue in that area. I know we do not want a saw tooth look to the island but this subdivision is off of the beaten path and I know that it is Mother Nature taking her course that has created the problem between the bulkheads. It is a sensitive area and everything that goes in there is going to affect the tidal creeks and that will affect everyone on the Island. Ms. Sessions said she looked at one of those lots back in 1997 for herself and she remembers being concerned about building on that property comfortably. I would like to see about getting a variance in the front but the variance as requested is violating our own ordinances and if we grant this variance I can see the issues that will come out of it and we will have to grant everyone else’ s. The motion was denied by a vote of 4, Sessions, Williams, Pierce and Wolff voting against and 2, Crone and Doyle voting in favor. Ms. Williams made the motion to send the petition back to the Planning Commission, Pearce seconded. The motion was approved by a vote of 4, Williams, Pearce, Sessions and Wolff voting in favor and 2, Crone and Doyle voting against. Ms. Tsoulos presented the petition for a Special Review to construct a Guest Cottage in zoning district R-1-B at 6 Miller Avenue stating that the planning commission voted to approve this petition unanimously. Mr. Solomon said he wants to build a 797 sq ft guest cottage that meets all of his setbacks and he is not taking out any trees. Mr. Pearce asked what Mr. Solomon’ s intentions were concerning the trees. Mr. Solomon said he is saving them all. Mr. Wolff asked Mr. Solomon if he understood that he would not be able to rent this out, it would be strictly for guest. Mr. Solomon said yes. Chris Solomon described the project to council saying he drew the plans and this property had been in his family for years. Mr. Crone motioned to approve, Wolff seconded. The vote was unanimous Ms. Tsoulos presented the petition for a Major Subdivision of 5 lots at 1112, 1116 and 1120 Highway 80. She said due too more engineering having to be done it is presented as a Sketch Plan that was approved unanimously by the Planning Commission. Mr. Lou Kietzman owner of Elk property development showed a slide of the property stating that he proposed to divide the three existing lots into five lots of about 10,000 square feet each. This would meet all the codes. At this moment we don’ t know whether we are going to put retail, restaurants or residential there. We have local realtors looking at and they are giving us considerable input as to what we might consider. The biggest problem facing us is that this property has no sewer line running to it. We have had a meeting with Dee Anderson, Mark Williams and Mark Boswell who is a local engineer and we have decided not to ask the city to put up the money for this engineering study. Mr. Kietzman said that he and his partner, Mr.Calmari and Amy Gastor and her sister Carrie would put up the money for the study. Those studies are going on right now and we are hoping they will find that a lift station is not required. If a lift station is required, that would cost in excess of two hundred thousand dollars and the City has appropriated in its budget only ninety thousand dollars so we would need additional funds. We do not know exactly how we are going to deal with that. Mr. Wolff asked if Mr. Keitzman and some of the adjoining property owners would be willing to help out by paying part of the money for that extension or lift station or whatever it takes. Mr. Kietzman said yes, a number of the property owners along that line have been contacted and some have said yes but some are sitting on the fence waiting for the engineering study to come in. Mr. Wolff asked Mr. Kietzman if there were plans to put in a bulkhead because when he looked at the back of the property it looked pretty steep and the water was running fast therefore I believe you will have a problem if you don’ t put in a bulkhead. I think if this is going to be approved it should be contingent on having an application for permit to put a bulkhead at the back of that property. Mr. Kietzman said all of the State Agencies will have additional engineering studies done and will have recommendations for them. The property owners will abide by their recommendations, which will be brought to you at a later date. Ms.Sessions asked Mr.Hughes to Council Minutes Page 7 of 10 explain what happens if a Sketch Plan is approved. Mr. Hughes said even if Council disapproved it tonight the owners could still go forward with the studies. In his opinion the reason for them asking for the Sketch Plan Approval is to get Council’ s opinion on this project due to the amount of expenses involved in the engineering studies. An approval by Council on a sketch plan based on any future engineering studies does not represent a vested interest for the owners. It does however move them one step forward to having a permit for some overall subdivision. If Councils approves this sketch plan tonight for five lots, they are entitled to rely on that but it would be subject to the engineering and drainage approval. They would not be able to sell any lots until the plats recorded. Mr. Pearce asked Mr. Kietzman if he was going to honor the twenty-five foot buffer set back. He said yes they would honor the DNR buffer plus the ten-foot setbacks on both sides. Mr. Pearce said he had seen the tree survey and asked if they were planning to save as many trees as possible. Mr. Kietzman said that Ms. Perkins did an excellent job on the survey and although they did not know what their final plans are he feels they would try to save as many trees as possible. Mr. Kietzman said there have been exotic plants located on this property and he and his partner would like to donate them to some city property where they can be used because this is the time of year for that transplanting to take place. Ms. Sessions said she noticed a pool by the marsh on the sketch plan and asked if that was the only pool that would be located on the property. Mr. Kietzman said he doesn’ t know because they haven’ t decided what will be there at the end. Mr. Kietzman said it is not written in stone and they will have the chance to give the final approval when the plan is presented to them. Mr. Hughes said all Council would be approving is relocating the lot lines and making it five instead of three. Mr. Fleetwood owner of the property adjacent across the Highway 80 on McKenzie St. said he did not have a problem with the Sketch Plan Approval because two trailers are located there now and this plan will improve the property values. He asked Council to pay close attention to the sewer cut ten’ s on all new subdivisions because there are five on South Campbell alone that hasn’ t been properly put in. Some of these are placed long after the developer has come and gone. This same developer was responsible for one of the bad cut ten’ s on South Campbell over a year and a half ago. Maybe Council should revisit the Bonding or Delinquent Repair Procedures to see if we can get these things done in a timely manner. Ms. Sessions asked Mayor Buelterman to make that an Action Item. Mr. John Majors said he can not attest to whether or not this is a good plan but he lives on South Campbell and he applauded Council and the Developer’ s agreement to save the beautiful trees in that fifteen lot subdivision but as soon as the property changed hands evidently the agreement did not hold up because shortly after about twelve beautiful trees were taken out that were on the original do not cut down list. He recommends that Council make sure any agreements made concerning trees go with the property. Buelterman asked Hughes what could be done about that. Mr.Hughes said he believes there was enforcement done concerning that incident on South Campbell. He said pertaining to the Austin Track Subdivision they are entering a subdivision agreement that requires that everything be installed and that is passed on as the property gets sold. Ultimately it would be required to be put in the way the representations were made. We are pursuing letters of credit on the South Campbell problem at this time. Mr. Anderson said yes that he had given Mr.Hughes that information tonight. Ms. Williams said it is wrong that People who pay to legally cut trees end up paying more than the people that illegally cut trees and that is something that we definitely need to address as soon as possible. Mr.Anderson said that he is aware and they are addressing that situation. Mr. Crone made the motion to approve, Ms. Doyle seconded. The vote was unanimous. Mayor Buelterman introduced the next item on the agenda as a Text Amendment that did not come from the Planning Commission but was concerning Requirements for Maritime Construction. Mr. Hughes said this would require that those engaged in the business of building or repairing docks on the island to register with the city and post appropriate security by way of a bond or letter of credit to insure that they will be responsible for any spills or abandonment of barges or whatever. When the crane and barge sank on the Back River we were without any enforcement leverage. I sent a draft to the DNR and they made a couple of suggested changes and also the County Attorney. I would propose that by second reading those changes be incorporated into this. The DNR just expanded the coverage to include any structure over Council Minutes Page 8 of 10 Marsh Lands and the County’ s suggestion was more along the line of clarification of the registration requirements and the security forces. It is making sure you have some remedy if it all doesn’ t go as represented. Mayor Buelterman asked Bubba if the final draft was in their packet. Bubba said no the draft in their packet was the one he had sent to the DNR and the County Attorney and it is going to be expanded slightly between now and the next reading. He said they could go ahead and pass it on the first reading if they were so inclined. If someone were going to repair or work on their own dock this would apply to them as well. Ms. Williams said if a property owner is repairing their dock and something happens then I hope the city could put a lien on their property. This was drafted specifically to protect the city from people coming from out of town to repair or build docks and losing large pieces of equipment and then just going away. In the incident on the Back River they have left their barge parked on Spanish Hammock and we have gotten no recourse from the State Agency and the crane is still there and at this point I doubt it will ever be removed. Ms. Sessions asked if they needed to make changes concerning individuals. Mr. Hughes said if you want this to apply only to those engaged in the business of Dock Building and Repair then it would need to be clarified. As it stands now this would apply to everyone. Mr. Wolff said he agrees that they would not want to put extra strain on people trying to fix their dock. How would we plug the loophole that would allow a Homeowner to come in and obtain the permit and then hire a professional to do the work? Mr. Hughes said if a contractor showed up with a crane hopefully the City would be notified but the permit application should be such that they have to identify any subcontractors working on the project. If a contractor shows up that is not on the list that would be a stop work order situation. Council agreed to have Bubba work on the details and bring it back the next meeting. Mayor Buelterman opened the Meeting for Business Legally Presented from the Consent Agenda there were two items, which were the Minutes from January 26 and Minutes from February 1. Mr. Wolff motioned to approve the minutes from both meetings, Pearce seconded. The vote was unanimous. Mayor Buelterman read the Resolution making February 11th Arbor Day on Tybee Island. There will be a Tree Planting around the Gym at 9:00 AM. Ms. Sessions said since Valentines Day is coming it would be very special to plant a tree in honor of that special someone. Mr. Anderson said the holes would be pre-dug for the plantings. Buelterman said whenever we have these events DPW does a great job of coming in and pre digging so that we don’ t have to break our backs digging and we can just set them in there. Mr. Crone said he thought there were plans to put about a foot of dirt in the low areas on this side of the Gym. He said he doesn’ t believe the trees will survive if they have that much dirt put over them. Ms. Doyle said her Daughter would come over to make sure the plantings were being done properly. Mr. Anderson said the reason for Planting the Trees is also a safety issue because there are meters located about twenty feet from the side of the Gym and if children were playing there they could trip over the meters and fall. We asked Jason to come up with a solution to this dangerous situation and after working with the Beautification Association this is what they came up with. Mr. Crone said he believes the trees would entice the children to play more in this area. He believes that a fence would be a more suitable deterrent. Council Approved the Resolution unanimously. Mayor Buelterman read the Resolution concerning Appraisals for property the City owns on Chatham Avenue and property near the North Beach parking lot owned by Lower Base Street Properties. Property Owners desire to swap the properties but the Mayor and Council pursuant to the OCGA 36-37-6 must approve the appraisals. Mr. Hughes said an ad containing the details of the swap and a legal description of the properties must run in the paper and the closing can occur six weeks after that. It gives people with grounds to object the time to do so. This is just part of the process to exchange the property. Mr. Hughes said the property at North Beach is larger than just the fenced portion of the parking lot that the city encroached on. Ms. Doyle said she had been contacted by another person interested in this property by e-mail and had brought a copy tonight for Bubba to review. Bubba said the Council Minutes Page 9 of 10 vote tonight is simply accepting the appraisals and is part of the process it doesn’ t finalize the land swap. Mr. Wolff motioned to approve, Pearce seconded. The vote was unanimous. Mayor Buelterman read the Text Amendment to Section 10-1-4 to Reduce the Speed Limit on Venetian Avenue to 20 MPH. Mr. Crone motioned to approve, Wolff seconded. Shirley asked if she could vote on this even though she lives on Venetian. Bubba said yes. The vote was unanimous. Mayor Buelterman talked about the importance placed by Council Members at the last few meetings on bringing new businesses to Tybee and helping the existing businesses. We have decided to put together a committee to study tax incentives and parking solutions. Council Members, Sessions, Doyle and Williams have volunteered to be on this committee. Anyone wishing to participate in the meeting on February 16th is welcome. Ms. Williams said the committee is hoping to have participation by business owners and even though we cannot have thirty people on this committee they can appoint people to represent the business community on the committee. We want to be inclusive of Business Owners and also the group doing research that Sandy Major spoke about tonight might be another possibility for information for the committee. We encourage everyone to come out so that we can get together a working committee and we will keep the public informed throughout the process. Ms. Sessions asked if the meeting notice had been put on the Cable Channel. Mr. Anderson said yes that he had talked to Todd Smith and Warren Milikan had posted notices at the business on the South End. Mr. Crone said there are businesses all over this Island including the North end. Ms. Williams said that this meeting is for all businesses island wide but there will be specific information for the Tybrisa Merchants concerning the Redevelopment Plan for the South Beach area that was done by HDR. Mr. Anderson said he would notify the rest of the business owners tomorrow. Ms Sessions motioned to approve the Business Committee Appointments, Wolff seconded. The vote was unanimous. Mayor Buelterman said under old business on the revised agenda the Status of C-1 Property needs to be discussed. Mr. Hughes said the Moratorium that was put into place by Council concerning the C-1 district is due to expire. The text Amendment that was made concerning the 1125 Square Foot requirement is in place but I wanted Council to be aware that the Moratorium is about to expire in case any actions are needed because of the comments that were made. Mr. Hughes said if Council wanted to rescind the Text Amendment they would have to go through a Public Hearing and two meetings for first and second readings just like the process that put the amendment into place. I think you have the ability to stop everything with a Moratorium if that is what you wish to do. Mr. Hughes said Council doesn’ t have to do anything, the Moratorium will expire and the Text Amendment is on the books but I thought in light of the communication you received earlier that I would let you know what to do in case you wanted to take some action. Mr. Hughes said by extending the Moratorium no one would be allowed to apply to do anything regardless of the square footage even with the text amendment in place. If no action is taken the Moratorium will expire and Owners in the C-1 Zone would need 1125 square feet of ground for each unit proposed to be constructed. Ms. Sessions said the reason for the Moratorium being put into place 90 days ago was to be able to have committees look into the issues concerning the C-1 District and make recommendations to Council. We have been looking at these issues since last spring and there have been many discussions including Public Hearings and the recommendations were made and unanimously approved by the Planning Commission. On the first reading it was unanimously approved by Council and on the second reading it was 4 to 2. There would be no need to extend the Moratorium because the process has been completed. Council agreed to take no action concerning the Moratorium. Mayor Buelterman said the next item is the second reading to add second Council Meetings in June, July and August. Mr. Pearce motioned to approve, Ms. Williams seconded. The vote was unanimous. Council Minutes Page 10 of 10 Mayor Buelterman said the next item is the second reading of the Text Amendment to Sections 4-4-2b and 4-2-25- To Exclude Cats from the Leash Law. Mr. Wolff said that Ms Williams is researching the County Ordinances concerning that are more comprehensive than ours. Mr. Wolff motioned to table the second reading until we can review the County Ordinance. Pearce seconded. Buelterman said he had received a letter from someone concerning cats being excluded from the leash law but will postpone reading it until the second reading comes up again. Ms. Sessions said Dr. Bremer has given the Police Department a scanner that will read any animal picked up by the police that is implanted with a chip to help locate the pet owners. She encourages anyone concerned about his or her pets being lost to have this implant done. Ms. Williams said about the ordinance she has been working on basically she is pulling the best of Tybee’ s Ordinances and the County Ordinances together. I would like for us to have public input but I think a lot of this situation can be resolved with public education and encouraging people to be good neighbors. If we can get the neighbors together we can resolve this but unfortunately Tybee has been a dumping ground for a lot of animals and we have to deal with that issue as well. Ms. Sessions said it could become a problem when people leave their cats outside or they are born into a Feral Cat Colony. Coastal Pet Rescue is very active now trying to address the feral cat issue including Tybee. Veterinarians are supposed to clip the ears of any feral cats that they spay and neuter so that if they were brought in again the doctor would know. The vote was unanimous. Mayor Buelterman said the next item is the Second Reading for the Text Amendment to Section 10-1- 4- to reduce the speed limit to 15 MPH on North Campbell Avenue. Mr. Pearce motioned to approve, Wolff seconded. The vote was unanimous. Ms. Sessions motioned to adjourn and go into executive session, Ms. Williams seconded. The vote was unanimous. _________________________________________ Mayor Jason Buelterman _________________________________________ Attested by Respectfully submitted by Vivian Woods