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HomeMy Public PortalAbout20061012_TybeeCouncilMinsCouncil Minutes Page 1 of 4 Meeting of 2006-10-12 City Council Minutes Mayor Buelterman called the Consent Agenda meeting to order at 6:30 PM on October 12, 2006. Present in addition to Mayor Buelterman were Sessions, Crone, Pearce, Wolff, Doyle and Williams. Also present were City Manager Diane Schleicher, Assistant City Manager Dee Anderson and Attorney Dana Braun. City Attorney Bubba Hughes was out of town. Courtney Power of Integrated Science & Engineering presented the outline for the Master Plan and explained the process involved in obtaining the needed information from the public. She said the new Master Plan will be ready for adoption by the end of 2007. Mayor Buelterman closed the Consent Agenda Meeting. Mayor Buelterman called the regular meeting of the City Council to order at 7:00PM. Those present at the Consent Agenda meeting were still in attendance. Mr. Jim Anderson of All Saints Episcopal Church gave the invocation and the Tybee Island Memorial Guard posted the colors. Everyone recited the Pledge of Allegiance. Mayor Buelterman thanked everyone associated with the Pirates Festival and said it was a great success and brought a lot of people out to visit Tybee and support the local businesses. Mayor Buelterman requested prayers for former Tybee Mayor Charles Hosti. Mayor Buelterman presented a Proclamation to St. Michael’ s School in honor of Red Ribbon Week for Drug and Alcohol Abuse Awareness on October 23-27, 2006. Mayor Buelterman announced the Community Fire Prevention Program on October 18th at 7:00PM at the Fire Station. Ms. Major of the Economic Development Committee announced a meeting on Monday and encouraged all business owners to attend. She also announced an event on the first Friday in December called Lights On for Tybee. She said they will have Choirs and all kinds of festive activities including refreshments. Mr. Keith Gay Chairman of the Economic Development Committee said their recommendation regarding Bike Racks in the C-1 district is for Council to find progressive and motivating tactics in the form of concessions to encourage the use of bicycle racks in the community. Ms. Doyle gave a reminder of the Campground Celebration that will be on Friday November 3, 2006 at 6:00PM at the Campground. Mayor Buelterman announced that the County Commission with a unanimous vote gave permission for the Pier and Pavilion and also the Strand to be named for former Mayor Walter Parker. He said there will be a ceremony in the spring once the signage is done. Mr. Bill Cannon of Tybee Beautification invited everyone to the Trash Bash and Low Country Boil on October 14th at Memorial Park. Ms. Sandy Major gave an update on the Tybee Neighbors and announced the next meeting on November 2nd. She requested contributions of old sunglasses and eyeglasses as well as food to be given to second harvest. Council Minutes Page 2 of 4 Mr. Doug Andrews announced his candidacy for Recorder’ s Court Judge and asked for everyone’ s support. Mr. Barry Brown presented a Site Plan Approval at 1213 Hwy 80 for the Coral Investment Group. He said they are requesting to relocate an existing structure to this property. Mr. Keith Gay described the plan to council. Mr. Tsoulos a neighboring property owner spoke in favor of the petition saying a family friendly restaurant would be good for the neighborhood. He requested that precautions be taken by Council and the City to prevent this from becoming a rowdy bar. Ms. Williams asked Mr. Gay about protective screening. Mr. Anderson read the ordinance pertaining to screening requirements. Mr. Gay said there is a 20 foot street between this property and the residential area. He said he thinks that was the reason they selected the 6 foot fence. He said this is also a drainage area of the city and they worked in conjunction with the city to pay for and install drainage pipe and cover it so that it would not be a hazard. He said he thought the screening requirements had been resolved. Mr. Wolff moved to approve, Ms. Doyle seconded. Ms. Williams requested that Mr. Gay consider putting in vegetation as a noise barrier in light of past complaints regarding noise from live bands in that area. Mr. Gay said they have discussed the past activities with the tenant and have been assured they will not be repeated. He said they will place strict regulations on the tenants. He said they plan to have more than one tenant in that area. He said he doesn’ t believe vegetation along the fence will change the dynamics of any noise from a live band. He said it is their intention not to have a dance hall located there and they will take the plantings under consideration. The vote was unanimous. Mr. Barry Brown presented the petition for a shore protection variance at 1 Shirley Road for Howard Reeve. He said the request is to relocate the existing building to lot 44 and construct a new duplex on lot 45. He said the duplex would be 41/2 feet seaward of existing steps. Mr. Keith Gay explained the request to Council and said this property has been zoned R-2 for many years. Mr. Gay said Shirley Road and 68 feet of the Strand is deeded to Dr. & Ms. Osteen. He said the Osteen’ s granted access easements to the surrounding residents on Shirley Road. Mr. Gay said the duplex would be 2 ½ feet seaward of existing steps and not 41/2 feet as was presented to the Planning Commission. He said the only variance being requested is for the Shore Protection line established by Tybee. He said the hardship is that when this line was created this property was already owned by the Osteen’ s and it impedes their ability to use their property. He said there would be no variance needed if not for the city’ s enacting of the Shore Protection Line. Ms. Doyle said she thought that there could be no changes made to a plan between the Planning Commission and Council Meetings. Speaking in opposition to the petition were Christian Arden Joly, Frank Matthews, James Carter, Leon Slotin, Susan Arden Joly and Nancy Slotin. Mr. Reeve asked Council if they had received the Attorney’ s letter regarding the ownership of the road. Council said they had received the letter only yesterday. Mr. Anderson said the letter should only be discussed between the Attorneys since it expresses an opinion and doesn’ t resolve the ownership issue. Mr. Pearce moved to deny, Ms. Williams seconded. Mr. Crone asked if they wouldn’ t consider putting a single family home in. Mr. Gay said if they are denied then they will have to consider expanding the existing house and building a single family structure on the other lot. Mr. Wolff said he tends to agree with the neighbors but just recently the council tabled a petition like this to have time to review the ordinance. He said in all fairness he feels that they should do the same for this proposal. Ms. Williams said she was concerned about the legalities of Shirley Road and she would not be comfortable voting for anything without a legal decision having been made. Mr. Wolff motioned to table the petition pending review of the Shore Protection Act and determination of true ownership of Shirley Road, Ms. Williams seconded, and the vote was unanimous. Council Minutes Page 3 of 4 Mr. Brown presented the petition for a Site Plan Approval at 106 S. Campbell Ave. from Mr. Charles Vonashek. He said Mr. Vonashek is requesting to convert a residence into a restaurant. Mr. Vonashek said his property consists of two commercial lots that are located on the corner of Litton Street and S. Campbell Ave. and his intention is to convert this to a fine dining restaurant. He said they have put a 6 foot fence in and planted a partial buffer so far. He said they meet all the criteria required for the restaurant. He said the adjoining property owners have expressed support for this petition. Mr. Pearce asked if he would plant a buffer. Mr. Vonashek said they are 25% done and they will complete the vegetative buffer. Mr. Pearce recommended he plant Wax Myrtle’ s. Mr. Wolff asked about the dumpster. Mr. Vonashek said he has a five foot location at the corner by the Post office that will be enclosed with a fence for the dumpster. Mr. Stan Hedgecorth spoke in favor of the petition. He said the property owner had taken an eyesore and made it into an attractive piece of property. Mr. Talrey spoke in opposition and said that Litton is a privately maintained road. He said he doesn’ t think Tybee needs another restaurant/bar. Ms Sessions asked Mr. Braun if this property is sold would the new owners be held to the same plan as presented. Mr. Braun said the parking requirements would regulate how many people the building could seat. Ms. Westermin said this house is tiny and could not seat any additional people. Mr. Postle spoke in favor of the petition and said it meets every regulation that exists for using an existing building. Ms. Sessions explained that Council has to approve site plans even if they conform to the regulations. Mr. Anderson said the reason he has to have a site plan approved is because he is going from residential use to commercial use. Mr. Miley spoke in opposition to the petition and requested that the owner seek another location. Mr. Anderson explained that the adjoining property owned by Mr. Hedgecorth is zoned commercial also and therefore no buffer is required. Ms. Doyle asked Mr. Anderson to address the parking. Mr. Anderson said because of an oak tree that is located in the lot they feel straight in parking instead of angled parking is warranted. Mr. Crone moved to approve, Ms Doyle seconded. Mr. Pearce said while he is sympathetic to the residents, Mr. Vonashek has a legal right which will influence his vote. Ms. Williams expressed concern about a commercial establishment going into a residential area despite the C-2 zoning. The vote was 4 with Mr. Crone, Ms. Doyle, Mr. Wolff and Mr. Pearce voting in favor and 2 with Ms. Sessions and Ms. Williams voting in opposition. Ms. Schleicher announced Trick or Treat for Lewis Street and requested donations of candy for the residents. Ms. Schleicher presented the contract for Integrated Science & Engineering to design the Master Plan for Tybee. She requested approval be contingent on review by the City Attorney. Ms. Schleicher requested approval of the Trick or Treat event on Tuesday October 31st. Mr. Wolff moved to approve the contract for integrated Science & Engineering to complete the Master Plan, Mr. Pearce seconded, and the vote was unanimous. Mr. Pearce moved to approve the Halloween Special Event, Mr. Wolff seconded, and the vote was unanimous. Mr. Wolff moved to approve the minutes from September 14, 2006, Mr. Pearce seconded, and the vote was unanimous. Mr. Wolff moved to approve the minutes from September 28, 2006, Mr. Pearce seconded, and the vote was unanimous. Council Minutes Page 4 of 4 Ms. Williams moved to approve the one day alcohol permit for the Shriner’ s on November 3, 2006, Mr. Pearce seconded, and the vote was unanimous. Ms. Williams asked that the Council discuss a date for a public workshop on the Animal control Ordinance. She said Mr. Hughes has been working on a draft to present at this workshop for public input. Mayor Buelterman requested that Ms. Woods pick a day and advertise it. Ms Williams said she would e-mail the draft to Council members immediately upon receiving it. Mr. Dana Braun presented the Deed for the land swap of the Fleetwood property adjacent to the North Beach parking lot. He said Mr. Hughes had reviewed it. Mayor Buelterman said in order for the Marine Science Center to be able to generate donations they must have a commitment from the City that says they can use that property. He said they have to come up with a lease agreement for them soon. Mr. Wolff moved to approve the Deed for the land swap, Mr. Pearce seconded, and the vote was unanimous. Mr. Brown presented a final plat approval for 1318 Solomon Ave. Mr. Anderson said they have put the improvements in but there were some problems so they have presented a bond for the improvements until they get it corrected. Mr. Crone moved to approve, Mr. Wolff seconded, and the vote was unanimous. Mr. Pearce moved to approve for 2nd reading the Text Amendment to code sections 4-4-6 & 4-4-7, allowing Horses or Ponies for Council Sanctioned Events, Ms. Williams seconded. Mr. Pearce said Camels and Elephants are already allowed. And the vote was unanimous. Ms. Williams moved to approve for 2nd reading the Text Amendment to the Ethics Ordinance changing the due date to May 30th and adding Quasi-legislative Authority, Ms. Sessions seconded, and the vote was unanimous. Mr. Pearce moved to go into Executive Session to discuss Personnel, Real Estate, and Ms. Williams seconded and the vote was unanimous. Mr. Wolff moved to go into Open Session, Mr. Pearce seconded, and the vote was unanimous. Mr. Wolff moved to adjourn, Mr. Pearce seconded and the vote was unanimous. _______________________________ Mayor Jason Buelterman ________________________________ Vivian O. Woods, Clerk of Council