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HomeMy Public PortalAbout20060608_TybeeCouncilMinsCouncil Minutes Page 1 of 10 Meeting of 2006-06-08 City Council Minutes Mayor Buelterman called the consent agenda meeting to order at 6:30PM. Present in addition to the Mayor were, Shirley Sessions, Paul Wolff, Wanda Doyle, Kathryn Williams, Eddie Crone and Mallory Pearce. Also present were City Manager Diane Schleicher, Assistant City Manager Dee Anderson. Attorney Bubba Hughes was out of town. Council agreed the consent agenda would consist of, Council minutes for 5-25- 06, Liquor License for Sundae’ s Café, purchasing policy waiver for emergency repair to pump at sewer station. Ms. Schleicher explained that the procurement procedure for the Park Playground Equipment needs to be handled like other RFP’ s without a dollar amount being included in the documents but set a high percentage score for reasonable price in the evaluation documents so that vendors will know that price matters. She requested that the Recreation Committee be able to set priorities and ADA requirements and safety regulations regarding the surface temperature of the equipment if exposed to sun and warranty information. Ms. Doyle volunteered to be the Council liaison to the recreation committee. Ms. Schleicher said they want the same people involved this time that were involved with the JC Park project. The deadline for RFP’ s would be no later than August 1, 2006 but they would try to beat the deadline. Ms. Schleicher asked that council approve movies being shown in Memorial Park with a rainout location of the Gym. She said this would be cosponsored by the Arts Association, Friends of Tybee Theater and YMCA. The first movie would be Cheaper by the Dozen II to be shown on the 17th of June. The second movie will be Pink Panther scheduled for July 29th. Mayor Buelterman announced that anyone wishing to be on the agenda must submit their request to the City Clerk with information by the end of the day on Wednesday prior to the week of council meetings. He added that anyone is welcome to speak concerning any items listed on the agenda. Ms. Sessions said that council doesn’ t want to prohibit anyone speaking to items on the agenda. She said if this rule becomes an issue council may consider allowing someone to speak to items not on the agenda at the end of the meeting. Ms. Schleicher encouraged anyone with issues regarding city business contact city staff first. She said most often something can be handled at that level. If not then staff members at least have some background information before the issue comes before council. She said Council should be the place of last resort in case staff members cannot solve the problem. Ms. Williams requested that the agenda cutoff information be made readily available to the public. Mayor Buelterman called the regular meeting of the city council to order at 7:00PM. All council and staff members were still in attendance with the addition of Dana Braun standing in for City Attorney Bubba Hughes. The invocation was given by Mr. Art Worden of All Saints Church and the Tybee Memorial Guard posted the colors and everyone recited the Pledge of allegiance. Ms. Susie Morris of the Friends of Tybee Theater told council that the theater has been officially purchased from the Historical Society. She said this will be Tybee’ s theater and they will need a lot of support. Their Council Minutes Page 2 of 10 first fundraiser will be King Mackerel and the Blues Runnin at the Lighthouse on Saturday September 16. She thanked everyone for their support in making this a reality. Mr. Jim Klutzz, President of the Tybee Island Historical Society told the story about the Post Theater. He said in 2000 there was a demolition permit requested for the theater. The City of Tybee and the Historical Society came up with a way to save the theater and developed a one year lease with Phil O’ Dell. He said it was from August of 2000 until July of 2001. He said when the historical society sold the theater they included the lease payments in the price. He presented a check to the city for $13,200 to repay the lease payments that were paid by the city. He said there was criticism directed at council for taking a chance on trying to save the theater so the historical society thought the amount paid by the city should be returned to them to be used for some other project to benefit the island. Mr. Henry Levy said the Theater had lost the right to be a theater one year after they ceased to be a theater 40 years ago. He said the way they were allowed to become a theater again is called spot zoning and can be illegal. He said this is a disruptive use going into a residential area. He said it is not only the noise but the parking. Mr. Levy also addressed the zoning public hearings by saying the master plan calls for this to be a low density residential island. He said every petition presented changes the zoning they have and increases the density. Ms. Lawanna Tsoulos addressed council about playground equipment. She said her and Abby Burke in 2004 petitioned city council for money for playground equipment in Memorial and JC Park. She said they got it in JC Park and it is beautiful and kids are on it all the time. She said when she heard the city was only going to spend $50,000 on equipment in Memorial Park she became concerned. She said she believes the city allocated $190,000 for playground equipment and she thinks they spent $70,000 or $75,000 on JC Park. Mayor Buelterman said they had $200,000 in SPLOST allocated and there is $150,000 left. Ms. Tsoulos said her concern was that we have $150,000 left and we are only spending $50,000. She asked where the other $100,000 will go. She said they will need more playground equipment for Memorial Park because it is larger and more people use it. She said she does not support using the allocated playground equipment money for a skate park. Mr. Crone said they have bike paths, tennis courts and basketball courts that need repair and the other money will be spent there. Mayor Buelterman explained that they had discussed this in the consent agenda meeting and they were going to remove the $50,000 limit on the RFP’ s for playground equipment. He asked Ms. Tsoulos to be a member of the committee. Ms. Sessions said she heard someone from Wal-Mart speak about playgrounds and getting donated items from Kaboom at a conference in Atlanta concerning Hands on Savannah. She said the Hands on Savannah group intends to apply for grant money through the Hands on Atlanta group and hopefully some money would be made available for this project and a community build. Mr. Sam Liberti presented the request for a zoning variance of 10.6 feet into front yard setback for Frank & Kim Nelson at 1409 Chatham Avenue. Ms. Tsoulos said Planning Commission had recommended approval. Mr. Liberti said there was an existing Tybee Cottage on the lot and the steps were about 5 feet from the street. He said they sold the house to Jane Coslick and she moved it off of the property. He said the owners are requesting to put a residence back into Council Minutes Page 3 of 10 almost the same footprint of the old cottage. He said the front would be 10.6 feet back from the street. He said only 84 square feet would be utilized in the setback area and everything else would be constructed within the setback guidelines. Ms. Williams asked what the hardship is. Mr. Liberti said they are applying under the 200 ft rule. He said at 1409 Chatham Ave. there are structures up and down the street that are practically on the road. He said they hope to put the house in line with the other structures. Mr. Wolff said the 200 ft. rule only applies to dwellings. He said he took measurements on the diagram and came up with an average of 27 feet so the 200 ft rule would not help them. Mr. Liberti said he designed the house according to the ordinances concerning the 200 ft. rule on the website and the word structure was used. He said when he turned the plans in he was told by staff that structure referred to only habitable dwellings and the ordinance had been amended. He said they had already designed the house according to the website and they did not know about the change that was not listed on the site. He said if the house was still there he believes they would have been allowed to protect the footprint. He said they were on a tight timeline and they found someone to save the house so the house was moved which took it out of the equation. He said they are bringing it back further than the original house. Mr. Pearce said the diagram reads the shortest distance as 17.6 feet to the road. Mr. Liberti said that diagram was done by Whitley Reynolds after the house had been moved and refers to only habitable structures so it doesn’ t show garages. Ms. Schleicher asked Mr. Liberti if he had consulted with staff before designing the house. Mr. Liberti said he had just designed another house 3 months before this and wasn’ t aware of the ordinance change. Ms. Sessions asked exactly what the difference would be Mr. Liberti said it will actually be 10.6 feet off of the street which is further back than the original structure. Ms. Schleicher asked if the house could be constructed without the variance. Mr. Liberti said his clients asked for the house to be brought up in line with the other structures. Mayor Buelterman read a letter from Jack and Nancy Boylston in support of the variance. Mr. Crone motioned to approve, Ms. Doyle seconded. Ms. Williams said a hardship has not been established and according to our ordinance that is the only time a variance can be granted. Ms. Sessions said consideration should be given because of them saving a historic house. The vote tied with Mr. Pearce, Ms. Williams and Mr. Wolff voting in opposition. Mayor Buelterman voted in favor of granting the variance. Ron Jacob’ s presented the petition for Steve & Judy Sims for a zoning variance of 5 feet in front yard setback and a 15 foot variance into the marsh buffer at Lot # 12 Northwaves Subdivision. Ms. Tsoulos said the planning commission recommended approval of the variances. She said a support letter from the homeowners association had been given to council. Mr. Jacobs said the Sims purchased their lot 8 years ago and since that time the DNR line moved landward. He said they had compromised dramatically by reducing the house size from 2500 sq ft to 1600 sq ft. He said 1600 sq ft is the Subdivision minimum for square feet. Mr. Sims said they bought the lot in 1998 with plans to build in 3 or 4 years when he retired. He said the DNR had told him he would be able to build anywhere in the buffer. He said 5 months after that application was in Tybee took over jurisdiction of the buffer. He said they were previously turned down because of being to far in the buffer. He said they have received a waiver from the homeowners association to be able to build closer to the road. He said they have young grandchildren and they are concerned about the closeness to the street. He said they have been paying taxes on their lot and the assessment is based on their being able to build all the way to the marsh line. Ms. Williams asked how much of their living space will be in the buffer. Mr. Jacobs said about 30%. Mr. Craft Council Minutes Page 4 of 10 spoke in favor of the petition. Mr. Pearce motioned to compromise with variances of 10 feet in front setback and 10 feet into the buffer. Mr. Wolff seconded and added the planning commission conditions should be met also regarding everything under the house being pervious and the use of hand drilled pilings. Mr. Pearce agreed. Mr. Wolff added that they have a legitimate hardship and have been delayed quite a while and this is one case where the hardship justifies the variance. Ms. Doyle asked what difference 5 more feet into the buffer would make. Mr. Pearce said everything allowed in the buffer impacts the marsh and ideally there should be no allowance into the buffer. He agrees there is a legitimate hardship. Mayor Buelterman asked Mr. Braun if someone could make a motion to grant the petition as presented. Mr. Braun said yes if the motion on the floor failed. He said Mr. Pearce motioned to approve a different variance from the original proposal so the original proposal could still be motioned on if Mr. Pearce’ s motion fails. Mr. Pearce said the city has nothing to do with the homeowner’ s association rules. Mr. Wolff said the kids could play in the back and there is not much traffic in that neighborhood. Mr. Crone said it would only take one car. Ms. Sessions asked if the homeowner’ s association does not approve it could they bring it back to us. Ms. Braun said they could not start the whole process over again for 6 months. The vote on Mr. Pearce’ s motion tied. Mr. Crone motioned to approve the petition as presented, Ms. Doyle seconded. Ms. Sessions said she thinks the compromise was a good idea but she is concerned with the problems of the homeowner’ s association. She said these people are not building in the marsh and she doesn’ t want them to have to go through this process again. Ms. Williams said she feels they are second guessing the homeowner’ s association and she doesn’ t know why the city is expected to give more leeway then the association. Ms. Doyle said it is time for council to dig deep and do something good. She feels that the homeowner’ s association has made concessions and now council needs to vote on the motion and move on. Ms. Williams said in the first meeting concerning this property it was established that the developer was supposed to put in a bulk head that would have eliminated this problem so the city is not the bad guy here. Ms. Sessions said anyone getting approvals from DNR or EPD should get it in writing. The vote tied with Mr. Pearce, Mr. Wolff and Ms. Williams voting in opposition. Mayor Buelterman voted in favor of the motion for approval. Mr. Robert Chu presented a petition for sketch plan approval of a major subdivision at Seventh Terrace and Butler Avenue. Also a variance to section 10-080 of the Land Development Code concerning street design & construction specs. Ms. Tsoulos said planning commission recommended approval of the sketch plan and the variance. Mr. Anderson read the Major Subdivision approval process from the land development code concerning sketch plans. Mayor Buelterman said the issues with trees and other concerns will come up at the preliminary plan approval meeting. Ms. Sessions said the petition said Eighth Street and Butler and this property is really between 7th Terrace and Eighth Street and Butler. She said this plan will have to come back through the Planning Commission and Council for a Preliminary Plan approval. Mr. Anderson said the Preliminary plan will have everything listed on it including water and sewer and utility lines and drainage. It will contain all the infrastructure plans. After they are all put in it will come back for final plat just to let the city know all of the easements on the plat are correct. Mr. Anderson said the last time a sketch plan came up Mr. Hughes gave a ruling that a sketch plan is by no means a final approval of plans it is approval of a concept. Ms. Schleicher said it does set the tone for the direction of the development and if council is not satisfied with the direction they should not approve the sketch plan. She said they should send it back for a better sketch plan because the petitioner will spend a lot more Council Minutes Page 5 of 10 time and money doing a preliminary plan. She said this is an opportunity for council to request changes and give constructive criticism to the plan in order to keep it from going down the wrong road. She said approving this sends them off and running to the next step and they may feel as if they were mislead and you don’ t want to communicate that. She said council needs to give them guidance at this point concerning the big ideas. Mr. Wolff said in essence they will be giving approval of this subdivision as is which is where the lines go and how big the lots are. He said that is critical in terms of the future ramifications of this and the added cost incurred if they move forward with this plan. He feels that would be a disservice to the petitioner. Ms. Williams asked if the petitioner could come in between the sketch plan approval and the preliminary plan approval and get permits to cut down trees. Mr. Anderson said he didn’ t know that it had never happened before. Mr. Chu said he doesn’ t own the property now and he will not purchase the property until they get the final approval. Therefore there will be no trees cut. He said the only thing they’ ve done is under brush a little with DNR’ s and the city’ s permission. He said the first 35 feet of lots 1 and 16 will be a dedicated perpetual easement. He said they are preserving all the trees on the left except a bay that is half gone and palm trees. He said Lot 15 has Oak trees that lay down and all of those will be preserved. He said the only oaks to be removed will be a few scrubs. He said they will have a certified tree expert, John Brannen to trim up the oak trees and anything diseased will be cut out. Mayor Buelterman asked that Georgia Forestry be allowed to look at them as well because it is a subjective science. He said they have three people wanting the house and a verbal agreement with Mr. Seiler to move it through his property which is between lots 5 and 6. Ms. Sessions asked if Mr. Chu would put the lots with trees in a land trust. He said Lots 1 and 16 would be in a perpetual easement for the subdivision. He said lot 15 may have a pool with a pool house if possible and the trees would provide great canopy. Ms. Sessions asked Mr. Chu to clarify that this is more than a sketch plan for a subdivision it is also a variance. Mr. Chu said yes but the reason he brought up the trees was because that is what concerned everyone. Mr. Pearce asked if Mr. Chu would consider putting a portion of lot 15 in a perpetual easement as well. Mr. Chu said if an act of god caused the trees to be destroyed then he would want to use the property. Mr. Pearce said there are several ways to write easements and this can be explored. Mr. Pearce asked Mr. Chu if he would consider keeping the historical house and moving it towards the buffer to make the subdivision work. Mr. Chu said they want to create a subdivision with a cohesive appearance like Seaside Colony with Metal Roofs, Hardeplank siding, washed out old savannah brick bottoms with brick paver sidewalks and lamp posts. He said in any subdivision the value is the theme. He said the person he talked to about the house is willing to restore it to its original condition. Mr. Chu said the 60 foot requirement for a roadway in a subdivision is equivalent to all 4 lanes of Butler Avenue. He said the county has gone down from 60 to 50. He said he is actually proposing 50 foot of easement because he will put a paver row 27 feet wide with 4 feet of sidewalks. He said there would be approximately 13 feet between the street and where the house starts plus 8 feet of porches on the houses which will allow for parking underneath. Mr. Chu said he sat down with the Chief Sasser before he designed the roadway and asked the best way for this to be developed to accommodate the ladder truck. He said the roadway is 140 feet to enable the truck to be able to go Council Minutes Page 6 of 10 to the end in either direction and back up to come out on Butler facing forward. Mr. Chu said that is not a possibility on most of the streets from Center Street on down. Mr. Anderson read the letter from Chief Sasser saying the roadway would accommodate the Fire Trucks in case of an emergency. Ms. Sessions asked Dee to explain the intent of the 60 foot turnaround requirement. Mr. Anderson read the requirement. Mr. Wolff said the reason was to have utility easements adequate to maintain the requirements for new subdivisions and also to provide more green space between the road and homes. He said only 24 feet of pavement is required and then 10 feet of utility easements and green space. Mr. Chu said if he complies with the requirement it would cut 5 feet off of the porches on the houses. He said he request that council consider the loss of the additional 2 lots containing the trees when contemplating the variance request. He feels there was a good compromise with the surrounding neighbors to get to this sketch plan. He said it may be a gated community but that hasn’ t been decided yet. Mr. Chu said each house would have 6 parking spaces so there is no off street parking and this will be a private road. Ms. Sessions said there was the issue with the curb cut at Tybee Straits and they created covenants to prohibit parking on the streets to provide safety. Mr. Chu said there would probably be a gate to make people feel safe and provide security. Mayor Buelterman asked the hardship for the variance. Mr. Chu said when you cut down the square footage of a house it creates an economic hardship. He said he feels he is swapping out those trees for 10 feet of easements even though he intended to save then anyway. Mr. Wolff said the width of the right of way has no bearing on protecting the trees. He also quoted that Section 10-080 (j) requires all new subdivisions make a concerted effort to preserve large trees, historic sites and scenic views. He said the two lots are only giving up 800 sq ft so they are not buildable anyway. Mr. Chu said originally they had 16 lots on the plan and they took two lots off enough to save the trees and added the extra space to the two lots closest to the beach so they made those lots unbuildable. Ms. Sessions asked if lots 7 and 10 were duplex lots. Mr. Chu said they could be duplex lots. He said lots 8 & 9 are definitely duplex lots and 7 and 10 qualify for duplex lots. Ms. Schleicher said lots 1 and 16 should be called out lots for clarification. Ms. Williams said she hopes Mr. Chu will consider setting aside even more than the 35 feet. Mr. Chu said there are no big oak trees further than 35 feet. Ms. Williams said she has heard that 90 feet need to be set aside to protect the majority of the trees. Mr. Chu said he will preserve any significant oak trees. Ms. Williams said her concern is construction or fill being to close to the root system and killing the trees. Mr. Chu said they will rope off the trees during construction and there will be no parking or heavy equipment allowed around the trees. Ms. Schleicher requested that Mr. Chu enter into an agreement with the city stating his preservations intentions. Mr. Chu said he has already entered into an agreement with the Historical Society regarding the house and he will sign agreements with the city as well. Mr. Leon Aronson a resident of Eighth Street was concerned that the notices read Eighth Street and Butler Ave. He said he had heard Mr. Chu was going to buy property on Eighth Street and have his subdivision entrance coming in there instead of Butler Ave. Mr. Chu said that is not going to happen. Mr. Dale Williams said he applauded Mr. Chu’ s efforts to balance the will of the community with economic drivers. Mr. Williams wanted to make sure the Council Minutes Page 7 of 10 largest group of trees that sit back 95 feet would be protected. Mr. Chu said those were the trees on lot 15 that would be preserved. Ms. Rachel perkins said during planning commission she voted to approve the sketch plan for 14 lots but did not want the minutes to reflect that she approved of the lot line locations. She said our tree ordinance says these trees can only be removed if there is no feasible alternative to make reasonable economic gain. She wants to make sure the lots are established so that no trees are impacted. Mr. Jim Klutzz said Mr. Chu has a history of working with the Historical Society to preserve the Tybee raised cottages and he believes Mr. Chu will do whatever is necessary to save this premiere example of the Tybee raised cottage. Mr. Joe Edwards said he didn’ t see the footprint of the houses that would be located on the two beachside lots. He said he was concerned because the Dunes come back into those pieces of property. Mr. Chu said he will be about 15 to 20 feet behind where Mr. Edwards deck is now located. Mr. Chu said he cannot come past the toe of the dune. Mr. Henry Levy asked about another line on the drawings. Mr. Chu said the line represented the Tybee jurisdiction line and he planned to address that when they ask to build on lots 8 & 9. Mayor Buelterman asked if the line ran from dwelling to dwelling. Mr. Chu answered yes. Mr. Levy pointed out that the Tybee jurisdictional line is further in than the DNR line. He said if council approves the sketch plan they are in effect giving Mr. Chu permission to build on lots 7,8,9,& 10 in violation of Tybee’ s jurisdictional line. Mr. Chu said if they move the house it will change the jurisdictional line to be further out towards the dunes. He said they have the intention of coming back to request a variance on the jurisdiction line when they present the plans to build on those lots. Ms. Schleicher asked Mr. Anderson if the road on the sketch plan would encroach the jurisdictional line and if that would require a variance as well. Mr. Anderson said he thought a variance was needed to build a structure past the jurisdictional line. Mr. Anderson read ordinance # 5-0101(J). There was discussion concerning whether or not a variance was needed for the sketch plan approval of the roadway. Mr. Braun said since this was considered a sketch plan and the preliminary plan would have to come back with all the detail he thinks Mr. Chu is asking conceptually if he can go with a 40 foot roadway as opposed to a 60 foot roadway and also a T section instead of a cul de sac. He said council could grant the variance for the roadway and state that they are not making a determination on the location of the roadway on the property or the impact on any jurisdictional lines. He said that would preserve that decision until the preliminary plan comes in with more detail. Mr. Wolff asked if that applied to lot lines. Mr. Braun said they would not be voting on the lines but the concept only and they would not be bound by the lot lines as shown. He said the city has to be satisfied that the engineering will fit in the 40 foot as proposed on the sketch plan. Mr. Anderson said an Engineer would have to answer that question. Mr. Chu said the water and sewer lines could be located under the road. Mr. Braun said there may be access issues if the lines were located under the roadway. Mr. Chu said his engineer and the city’ s engineer would have to be satisfied before they do anything. Mr. Klutzz asked that council make sure the variances that are being considered tonight have been advertised correctly. Mr. Anderson said the variance advertised was for Section 10-080 (E) road requirement. Council Minutes Page 8 of 10 Mr. Crone motioned to approve the variance for the road and the T turnaround, Ms. Doyle seconded. Ms. Williams asked to make sure the minutes reflect that they are not granting or implying any other variances that impact the shore protection line and the toe of the dune etc. Mayor Buelterman said this is not approving the location of the road it is approving the concept. The motion failed by a vote of 4 to 2 with, Wolff, Williams, Sessions and Pearce voting in opposition. Mr. Pearce motioned to approve with conditions; approval of the roadway without going into the jurisdictional line, every effort will be made to preserve the house, acknowledge and agree that Mr. Chu will preserve the trees on lots 1 & 16 and a portion of lot 15. Ms. Williams seconded. The motion failed by a vote of 4 to 2 with, Wolff, Doyle, Sessions and Crone voting in opposition. Mr. Crone motioned to approve the variance for the road and the T not to extend past the jurisdiction line until they come back and get authorization to go there. Mr. Braun said that would be an acceptable motion. He said in effect all council is doing is saying for Mr. Chu to go out and draw his preliminary plan with a 40 foot easement and council agrees conceptually to the 40 foot easement and the T turnaround. He said that is all council can agree to because all they have is a sketch plan. Ms. Doyle seconded. The motion failed with a vote of 4 to 2 with, Wolff, Williams, Sessions and Pearce voting in opposition. Mr. Pearce motioned to continue so that Mr. Chu could bring his plan back to council instead of having to go through the planning commission. Ms. Williams seconded for discussion. Ms. Williams said because the planning commission did not get the plans before the meeting she feels that it does need to go back to the planning commission. Mr. Pearce said he would amend his motion and send them back to the planning commission. Mr. Braun asked if they were sending it back to planning commission without recommending changes or direction. Mr. Pearce said we could send it back to planning commission with a copy of the minutes for them to review the discussion of the issues. Ms. Sessions said she is opposed to sending something back to the planning commission without detailed directions. She said they are tired of council sending things back without clarity. Ms. Doyle said this is something they have discussed before and she agrees with Ms. Sessions. She doesn’ t know if anything has been accomplished tonight by council regarding this petition. Mayor Buelterman said he would like to recommend it go back to planning commission for them to find out if the 40 foot roadway would be enough for the utilities etc. Ms. Tsoulos said the information was available to planning commission members the week before the meeting and if someone did not receive it that was because they did not pick it up. Mr. Pearce said his motion is to send it to planning commission and have it come back to council at the next meeting. Ms. Williams said she seconded it but felt they needed to clarify what council wants the planning commission to do. She said she wants them to insure there is proper space in the easements and she said she had requested additional information regarding Tybee’ s jurisdictional line and had not received it until tonight. She said she feels it would be helpful for them to review that information as well. Mr. Pearce accepted Ms. Williams comments as part of his motion. The motion carried with a vote of 5 to 1 with Mr. Crone voting in opposition. Mr. Phil O’ Dell presented his petition for Site Plan Approval at 1605 Inlet Avenue. Ms. Tsoulos said this is the relocation of a commercial building Council Minutes Page 9 of 10 which was the Chinese restaurant that was moved from First Street. The planning commission recommended approval. Mr. O’ Dell said he was not requesting variances and he did not want to move any trees and they would not put any concrete down. He said their only concern might be that the building has its own drain system where everything drains to the back of the building and goes into the sewer. Ms. Sessions asked if the food would be good. Mr. O’ Dell said it is a couple of guys that already have a restaurant down here and their food is good. Mr. Anderson asked about the one parking space for an employee. Mr. O’ Dell said the lot is empty and they can park anywhere they want because the building only takes up a fourth of the lot. Ms. Schleicher expressed concern that the public would use his employee parking unless he put a sign up. He said he would put a sign up to designate employee parking. Mr. Wolff recommended that Mr. O’ Dell use a curb stop. Mr. O’ Dell said it will be a walk up restaurant not a drive through. He said it will be in the spirit of the park and a community area. Ms. Doyle asked if the building will be repaired. Mr. O’ Dell said it will be repainted and set back down on the ground and completely redone. Mr. Bill Garbett said at the planning commission meeting he understood that there was a retention basin there or a collection area for the drainage but he doesn’ t see it on the new plan. Mr. O’ Dell said that was because someone had mistakenly drawn a drive through with paving and he has eliminated that so there will be no drainage problems. Mr. Downer Davis said there is still a retention basin there that will actually hold more water than a detention basin. He said this is only one sheet of a five sheet plan. He said the drainage plan still shows an excavated area for drainage retention. He said Mr. O’ Dell’ s engineer said the roof runoff will be directed towards that retention area. Mr. Davis said he had submitted an approval letter. Mr. Crone motioned to approve, Ms. Sessions seconded, and the vote was unanimous. Mayor Buelterman said the items on the consent agenda are the wavier on the purchasing policy for an emergency pump repair without a competitive bid, Memorial Park movies, Liquor License for Sundae Café, Minutes for May 25, 2006. Mr. Wolff moved to approve all items on consent agenda, Ms. Sessions seconded, and the vote was unanimous. Coastal Landmark Development requested final plat approval for a major subdivision on Estill Avenue. Mr. Anderson said they have completed the installation of the infrastructure and their surveyor has drawn up the final plat. He said Mr. Williams and Mr. Davis had both done a final inspection and had met with the engineer over final concerns and submitted a letter to council regarding those. Mr. Davis said there was nothing major that needed corrections. Ms. Williams said it would be so helpful to get things in time to review and said they did not receive this information with their council packets. Mr. Wolff motioned to approve, Mr. Crone seconded, and the vote was unanimous. Amendment to the code of ordinances Section 9-5-1 (9) Designated areas for surfboarding and fishing for 2nd reading. Mr. Wolff said he would like to motion to amend it to read fishing is prohibited within the right of way of the Back River boat ramp or alley #3. Mayor Buelterman asked about the surrounding docks. Mr. Wolff said he is talking about just the 60 foot right of way to the low water mark at Alley #3. Ms. Williams seconded, and the vote was unanimous. Ms. Sessions motioned to go into Executive Session to discuss Personnel, Litigation and Real Estate. Ms. Williams seconded, and the vote was unanimous. Council Minutes Page 10 of 10 Mr. Wolff motioned to come out of Executive Session and Adjourn, Mr. Pearce seconded, and the vote was unanimous. _____________________________ Mayor Jason Buelterman ____________________________ Vivian O. Woods Clerk of Council