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HomeMy Public PortalAbout20061109_TybeeCouncilMinutes11/09/2006 City Council Minutes Mayor Buelterman called the Consent Agenda Meeting to order on November 9, 2006 at 6:30PM. Present in addition to the Mayor was Sessions, Williams, Wolff, Doyle, Crone and Pearce. Also present was City Manager Diane Schleicher, City Attorney Bubba Hughes and Assistant City Manager Dee Anderson. Mr. Mark Smith Chairman of the Georgia International Maritime Trade Center on Hutcheson Island gave a report concerning the agreement to renew the one cent Hotel Motel tax that goes directly to the trade center for another 10 years. He said the Trade Center carries no debt, but the money goes to fund the operation of the building. They have secured funding from SPLOST and the Federal Government to start master planning and developing the 19 acres immediately to the west of the trade center. He said they opened the Trade Center in 2000, and it has operated for six years and now they are trying to expand the trade center. He said they plan to solicit another major hotel to be built next door and that will help with hosting larger conventions. Mr. Wolff asked if they ever anticipate operating at a profit or at least being self sustaining so that Tybee could utilize the money for something else. Mr. Smith responded probably not. He said over 95% of Convention Centers operate at a loss and are generally subsidized by Hotel Motel Tax. Mr. Wolff asked Mr. Smith to quantify what Tybee is getting for their two hundred thousand plus subsidy. Mr. Smith responded that they know when they have a major convention in town and all of the downtown rooms are filled it has a compression effect that sends business everywhere. He said the center has generated 400,000 room nights for Chatham County. Mr. Crone said a 5 year agreement would be better for Tybee. Ms. Sessions asked if the money couldn’t come to Tybee to support the Gym. Mr. Smith said the allocation is very specific and can only go towards a convention facility. Mr. Hughes said the State Law doesn’t name that particular center but it does require that there be a convention center in order to be able to fit into that subparagraph of the Hotel Motel Tax. Mr. Hughes said the City could ask to have the Gym declared a convention center and keep the penny but the safest way to do that would be to seek to have the law amended to add another subsection to the Hotel Motel Tax. Mayor Buelterman recommended that the council get more information and put it on the agenda for December. Mayor Buelterman called the regular meeting of the City Council to order at 7:00PM on November 9, 2006. Those present at the consent agenda meeting were still in attendance. Mr. Larry Nesbitt gave the Invocation and the Tybee Island Memorial Color Guard posted the colors. Everyone recited the Pledge of Allegiance to the Flag. Page 1 of 11 Mr. James M. Carter, III Chairman, of the Color Guard presented Council with the new 2006 Veterans Annual which has the Color Guards picture in it. He thanked Mayor and Council and Citizens for all their support. Mayor Buelterman presented Outstanding Citizenship Certificates to Sue Off and Cappy Birdwell for volunteering hours of their time to do minute research in order to get the information for the clerk to verify the amended ordinances. Diane Schleicher presented Appreciation Certificates to City Employees Claire Price, Stephanie Hogan and Nalene Smith for their extra efforts and hard work in reorganizing the Campground and Parking Services. Mayor Buelterman presented the C Beta Technology Award for Sustainability. He said Paul Wolff had attended the awards ceremony and accepted the award on the City’s behalf. Mr. Wolff said this is a major distinction for the Island in being recognized by a group of scientists and technology specialists. He said the dinner was attended by high level executives of major corporations throughout the region and that we were recognized for our recycling, water conservation and Green Building along with purchasing fuel efficient vehicles. Mayor Buelterman announced that the Tybee Property Owners Association was hosting a meet and greet to introduce the City Manager Diane Schleicher and her husband John to the community. He said it will be on November 12, 2006 at the Old School Cafeteria from 3:00 to 5:00. Ms. Katrina Murray presented the Tybee Tourism budget request for 2007. She gave a presentation concerning destination marketing on behalf of Tybee Island. She gave a quick review of comparisons of Hotel Motel Tax collections. Ms. Sandy McCloud of the Tybee Beautification Association gave a presentation of accomplishments made by the association for 2006. She also announced the Adopt A Highway on November 18, 2006 at 10:00AM at the Tybee Sign. Beth Hodges of the Tybee Neighbors Association gave an update and invited everyone to their next meeting on December 7th at the Cafeteria. Mr. Charlie Fenwick, Superintendent of Fort Pulaski gave a quick update. He said they had just completed 4 RV Paths that have increased their volunteer hours to 400 due to the retired people bringing their RVs and having a place to stay while they volunteer. He said they are now open almost year round. He said they have cannon firings on Saturdays and they are keeping the fee booth open due to a change in the law that says any park that brings in less than $500,000 gets to keep 100% of the revenue for the park. He said they plan to use the money for Page 2 of 11 much needed maintenance. He said if everything stays on track they may have the small park at the Ocean Inlet Development on 80 open by April. He said they have set a tentative date of March 18th for the Re- Lighting of the Cockspur Light. Mayor Buelterman opened the Public Hearings and asked Ms. Tsoulos, Chairman of the Planning Commission to present the petitions. Ms. Tsoulos presented the petition for Mr. & Mrs. Ellzey for an after the fact variance for stairs that were built in the set back and on the city right of way. At 1 Shipwatch Circle. She said the Planning Commission recommended denial. Mr. Ellzey requested they be allowed to have a zero lot line and he would reconfigure the stairs to fit within the 10 foot setback. Ms. Williams asked if Mr. Ellzey was going to redesign the stairs so they would not be in the City right of way. Mr. Crone asked if the paperwork was the same as what the planning commission reviewed. Mayor Buelterman said their petition initially was to leave the stairs in the right of way. Ms. Sessions asked why Mr. Ellzey built his stairs on the right of way. Mr. Ellzey explained that Mr. Anderson was under the impression that a corner lot had 20 foot setbacks and that would have given plenty of room for the stairs. Mr. Ellzey said if they would have had all the information the city needed it would have been taken care of a long time ago. Mr. Wolff said that Mr. Ellzey is asking for something other than his original request and council had agreed that if a petition changes between planning commission and council meetings it should go back to the planning commission for their review. He said the drawing they have does not show the steps out of the right of way. Mr. Anderson said that Mr. Ellzey did not have a current survey of his property and zoning was trying to work with him. He said the City had a current survey of the 50 foot right of way and it looked as if he had plenty of room there. He said Mr. Ellzey took the plat map and measured off his house and submitted that drawing and staff felt that he had the room. Mr. Anderson said a neighbor told them the stairs were in the right of way. He explained to council that the paper work is the same that planning commission reviewed but Mr. Ellzey is proposing something different tonight. Mr. Levy told council allowing the stairs to stay in the right of way would set precedence. Ms. Rose Kunavich spoke in favor of the petitioner. Mayor Buelterman read a letter from the Ellzey’s neighbors saying they support approval of the petition. Ms. Doyle moved to send this petition back to Planning Commission, Mr. Crone seconded and the vote was unanimous. Ms. Tsoulos presented the petition for Mr. Bernie Goode requesting a variance to be able to install a box culvert in a drainage ditch at 503 Seventh Street in order to construct a drive for access to his property. She said the planning commission recommended approval. Mr. Goode said he is applying to fill a small amount of wetland in the city’s ditch in order to have access to a proposed house site. He Page 3 of 11 said he has looked at several options to get access to his property but all involved impacting more wetlands so he is proposing the one with the least impact. He said he is not allowed to apply to the DNR for the permit until he has approval from Tybee. Mr. Hughes explained that the DNR Environmental Division had granted permission for Mr. Goode to build on the lot back in 2002. He said there have been modifications to the lot but they have recently reaffirmed his right to do that. He said that was before Tybee had a buffer ordinance of any type. He said once he gets Tybee’s permission to cross or fill the wetland he will have to apply to DNR Coastal Resources Division for a permit. He said the EPD had put restrictions on the materials as far as the house construction goes and he assumes they will monitor that. Mr. Pearce said he has concerns regarding filling in the marsh and asked if Mr. Goode could build a bridge. Mr. Goode said he would rather build a bridge but the ditch is so shallow and located 5 feet from the Seventh Street pavement so there is no way to put in the support materials he would need to build a bridge to support construction equipment without almost totally blocking the flow. Ms. Williams asked about the letter from DNR that is dated May 20, 2002 from Mr. May. She said he mentioned Mr. Goode would gain entrance from Fifth Avenue using a bridge. Mr. Goode said the city quick claimed the Fifth Avenue right of way all the way from 6th Street down. He said the area he proposed using is owned by a private individual that doesn’t want him coming through his property. Mayor Buelterman asked Mr. Goode if he would be willing to sign a document stating that he or any future owners would not hold the city accountable for flooding situations. Mr. Goode said yes he would. Mr. Hughes explained that the document would be recorded with the title so that any future purchaser would not be able to claim the city should have never permitted it if tidal flooding damages occur. Mr. Goode said he is willing to sign such a document because he doesn’t believe tidal flooding damages will occur. Mr. Hughes said there are properties in the area that have gotten flood waters and have come back to the city complaining. Mr. Hank Buckley an adjacent property owner spoke in favor of the petition. He said in the past people have put a round piece of pipe in and filled around it and Mr. Goode is proposing putting in a box culvert with a huge opening and only takes a minimal amount of fill at both ends. He said that area that is flooding is the city’s fault because there was a gravel road in May of 1988 and the LARK program came in and dug out the gravel and dropped the level of that road a substantial amount. Ms. Williams asked if Mr. Goode had a survey that showed that his property has enough area above the mean tide level to build. Mr. Goode said yes the survey he submitted with his variance application includes the area around his proposed house. Mr. Crone said we can’t deny the man access to his property. Mr. Hughes said Mr. Goode is entitled to access his property but Council has input on how he gets there. He said once the determination was made that the lot is buildable, if our ditch is interfering with his access, then he is entitled to relief to get to it. He said Tybee did not determine the lot was buildable but that determination was Page 3 of 11 made before the Tybee regulation affecting it was in place. Mr. Hughes said we will be at risk if we prohibited him from crossing our ditch to what has been determined to be buildable property. Ms. Sessions asked why Council had heard Mr. Goode’s petition to build and denied it if that determination had already been made. Mr. Hughes said there are two different divisions of the DNR that get involved in something like this as well as the Corps of Engineers. He said in the process of Mr. Goode going through his applications process in 2002 and forward and acquiring additional access. He said that was evolving at the same time Tybee was going through working on the Soil and Sedimentation Ordinance which allowed the city to become the permitting authority for applications to construct in the buffer. He said both regulations read that only the director of the Environmental Protection Division can grant variances under the soil and sedimentation act. He said apparently when Mr. Goode applied for the house he and staff members were under the impression he had to get relief under that ordinance. He said frankly he feels it was a mistake because he already had approval from the EPD for the construction of the house with their determination that no variance was required. Mr. Goode said in January when he found out Tybee had a new ordinance controlling the buffer of marshes he came and met with two city officials. He was given a copy of the ordinance and after he read through it he was delighted to read except as otherwise determined by the director of the EPD because that is the exact situation he has. He said he was told he had to get a variance anyway for the culvert. He said after he was denied he went back to EPD because in 2002 they told him to come back when he determined his access. He said they reconfirmed their position that he would not need a variance under the soil and sedimentation control act. Mr. Hughes said he doesn’t know how binding the responsibility waiver will be but they have used it on subdivisions to keep owners with drainage problems from coming back to the city for relief when these people bought knowing that the ocean can come that way. Mr. Goode said he doesn’t believe that his property has any chance of flooding more than existing properties on Tybee do therefore he is willing to sign the document. Mr. Buckley said about once a year DPW goes and cuts back the new growth in that ditch because it was originally dug as a storm water ditch and it’s not a river. He said the county also gets the equipment and digs the sediment out about every few years so he doesn’t know why there would be concern over the marsh. Ms. Williams asked if Mr. Goode’s application for construction, if he gets approval from the DNR, would include a check list to make sure there is enough buildable land and it will not be subject to flooding on the spring tides and to make sure everything is above the mean tide level. Ms. Schleicher said regarding the permit for the culvert there will be a checklist of what they can do. Mr. Pearce made a conditional motion to approve allowing him to cross over the marsh preferably with a bridge but if the DNR Engineer reports to the Zoning Department that this is a better solution of least impact on the flow it would be acceptable. He said in other words Mr. Goode would have to Page 4 of 11 present documentation to the Zoning department showing that the DNR Engineer recommends the culvert as the least impact to the flow with the second part being Mr. Goode signing the document not holding the city responsible for any future flood damage. The motion was not seconded. Mr. Crone made a motion to approve the variance request to permit a box culvert in the ditch subject to approval by the Coastal Resources Division and subject to the property owner executing an appropriate recordable document that would reflect the lack of responsibility on the city with respect to erosion, drainage or tidal type issues. Ms. Doyle seconded the motion. The vote was 2 in favor with Crone and Doyle voting for the motion and Sessions, Wolff, Williams and Pearce voting against. Mr. Pearce moved to approve access preferable with a bridge but if the DNR determines that the culvert is the best solution to keep the proper flow that would be permitted and also to include the letter as previously outlined. Mr. Crone seconded. Mr. Pearce amended his motion to say give approval for Mr. Goode to put something over the ditch contingent on the DNR Engineer’s determination on what would be least intrusive on the flow and on the Marshes. Mr. Crone seconded the amended motion. The vote was 4 in favor with Pearce, Crone, Williams and Doyle voting in favor and 2, Sessions and Wolff voting against. Ms. Tsoulos presented the petition for Mr. Jack Hogan for a variance of 5 feet into the rear and side yard setbacks at 1605 Chatham Avenue. She said the Planning Commission recommended denial. Mr. Harold Yellin representing Mr. Hogan told Council that he feels that Mr. Hogan did not adequately explain to the Planning Commission why he is entitled to a variance. He said he attended the Planning Commission Meeting representing someone other than Mr. Hogan and he was surprised that his petition did not pass. He said the variance that was granted in 2004 was actually a greater variance than this one. He said in 1978 a 10 lot subdivision was created with 8 of the 10 lots being sub standard including lot 7 which is Mr. Hogan’s lot. He said those 8 lots are parallelograms instead of being standard square lots. He said a variance can be granted based on a unique physical circumstance such as irregularity of lot size. He said there is a history and pattern of variances that have been granted on this street because of the irregular lots. Mr. Yellin said the concerns expressed by the neighboring property owner have been ironed out. He said Mr. Hogan has agreed to move the HVAC units to another location so that they are not located in the back setback. He said they have also agreed to bury the utilities and because fences are not allowed when utilities are buried they will not have a fence on the back line. He said they will landscape and keep it in a vegetative state. Ms. Williams asked when the subdivision was created and who requested it. Mr. Jimmy Hogan said the property was divided in 1948 at his mother’s request as the executor of the Dyer Estate. Mr. Crone suggested moving the house 5 feet forward in order to give the backside lot more room. Dr. Hogan said Ms. Sheffield’s house is 5 feet Page 5 of 11 off of the property line and if his is 5 feet also that would be 10 feet of space between the houses. Mr. Crone said he understood that her house was on the front lot line. Dr. Hogan explained that that was incorrect because her house is on the west property line facing the river but 5 feet off of the property line facing his lot. Ms. Sessions asked if a house could be built there without the 5 foot variance. Dr. Hogan said it would have to be a very small house because the house he is proposing is only 1800 sq ft. Mr. Jerry Hogan said he owns the house on Chatham Avenue next to Dr. Hogan’s lot. He said they are all family and Dr. Hogan should have the right to build on his lot like the rest of the family has with five foot variances. Mr. Crone moved to approve, Ms. Doyle seconded. Ms. Williams expressed her concern regarding the density and this being contrary to the Master Plan. She said it is entirely too much building for that piece of property. The vote tied with Crone, Doyle and Wolff voting in favor and Sessions, Williams and Pearce voting against. Mayor Buelterman broke the tie voting in favor of approval. Ms. Tsoulos presented the petition for a zoning variance request to raise the building to comply with current FEMA code and to add wrap around porches at 9 Eighteenth Street for petitioner Thomas Fall. She said the Planning Commission recommended approval. Mr. Wolff asked if the proposed porches will come closer to the road. Mr. Fall answered no. Mr. Fall said their intention is to restore the house to a single family beach house. He said the building was built in the 1930’s and was moved to its current location in the 1980’s. He said they discovered the house was below elevation requirements, there was encroachment into the front yard setback and there are a number of structural issues. He said raising the house will allow him to bring the structure into FEMA requirements and address the structural issues and he thinks the porches will be more in keeping with the 1930’s type of Tybee Beach Houses. He said they will add parking under the building using brick paving to eliminate some of the existing concrete. Ms. Williams asked about the proposed rotating of the structure. Mr. Fall explained that the house was slightly off when it was placed on the lot so he proposed rotating the house and lining it up with the street so it will be square on all sides. Mr. Cullen Chambers, acting as a Historical Preservation Advisor said this is a Historic Structure and what Mr. Fall is planning to do is not only appropriate but necessary to return it to its historic character and symmetry. He said it will greatly enhance the Streetscape as well. Mr. Wolff moved to approve, Mr. Pearce seconded and the vote was unanimous. Ms. Tsoulos presented the proposed Text Amendment to the Land Development Code, Ordinance 5-010(A) Permits required for construction-Requiring a valid survey for all building permits. She said the Planning Commission recommended approval. Mayor Buelterman asked Ms. Tsoulos to explain the Planning Commissions discussion regarding using the word valid instead of current. Ms. Page 5 of 11 Tsoulos explained that the person would not have to go and get another survey if they have a valid survey and nothing has been done to the property. Mr. Anderson explained that in using current it would have no specifics but using valid would mean no changes had been done to the property. Mr. Hughes said he agrees that valid would be more appropriate to avoid issues about what is current. Mr. Levy recommended that council also require a survey for variance applications that is done by a licensed Land Surveyor. Mr. Wolff moved to approve for 1st Reading, Ms. Doyle seconded and the vote was unanimous. Ms. Schleicher introduced a text amendment to Ordinance 5-2-23 that deleted Customers requiring additional containers will obtain them by individual agreements with the contractor. She said the ordinance was inconsistent with how things were being done so the text change will bring the ordinance into line with what the city is practicing. She said the city will charge for the 2nd and all additional rollout containers. She said she would like this included on the next billing cycle. Mr. Hughes said only first reading can be approved tonight but 2nd reading can be accomplished at one of the budget hearings as long as Council approves. Ms. Doyle asked about the business owners having 3 or 4 rollout containers in front of their businesses. Ms. Schleicher said they will have to pay the same rates for the secondary containers that the homeowners do. Ms. Williams said most of the businesses that have secondary containers have them because there is no room for a dumpster. She said there have been past discussions about finding a location on the South end for a dumpster. She said she would like to know if that has been researched because it is unsightly to have 6 or 8 trashcans sitting on the curb. Ms. Schleicher said that is something they are looking at down the road. Ms. Schleicher said the Tybee Arts Association has submitted a funding request for a refund of regulatory fees. She asked if this is appropriate considering the city is requesting that groups submit budgets anticipating what their needs are for the year. She said unfortunately this group did not realize there was a requirement for a vendor fee on the pier so that was an unanticipated amount. Ms. Sessions asked when that was changed. Mr. Wolff said two years ago. Ms. Schleicher said the City did not require vendors’ licenses on the Pier in the past but that was inappropriate considering the pier is in our jurisdiction. She said they require vendor licenses for all other events on Tybee. Ms. Sessions asked if the group had actually paid the fees they were asking refunds on. Ms. Schleicher said the organization spent $750 on vendors’ licenses. She said they paid it because it was too late to ask the vendors. Ms. Sessions said she understood that the organization charged the vendors a set fee like $1200 for the table and opportunity to be there and they forgot about the $25.00 per vendor charge. Ms. Schleicher presented the Engineering Proposal from Hussey, Gay, Bell & Page 6 of 11 DeYoung for the Ft. Screven System. She said this is the formalizing of the agreement so the city will know what the cost will be. She requested permission for the Mayor to sign the agreement. Mayor Buelterman asked what the projected date was for that project. Ms. Schleicher said it hasn’t been determined. Mayor Buelterman opened the business meeting. Ms. Williams moved to approve the text amendment to Ordinance 5-5-23 regarding roll out containers, Mr. Wolff seconded and requested it be put on the November 27th budget hearing agenda for 2nd reading. The vote was unanimous. Mr. Pearce moved to approve the funding request for the Arts Association but the motion failed for lack of a second. Mr. Crone moved to deny the funding request, Ms. Sessions seconded and requested the city work with the Arts Association to plan a budget for next year so that this doesn’t happen again. Mr. Crone said that the group did make money and just because they didn’t make as much as they thought they should that doesn’t mean the city should pay additional money to them. The vote was unanimous. Mr. Wolff moved to approve the Hussey, Gay, Bell & De Young agreement for Ft. Screven, Mr. Pearce seconded. Ms. Williams said this agreement contains contract administration and construction observation, and going back to the Engineering on the Gym, she finds it incredible that there are no outside faucets on that building. She said there have been major erosion problems with the sidewalk on the Northwest corner that the city had to take care of. She said if the city is paying someone to oversee these projects then they should be held accountable. She said when she asked questions about that particular project they just passed the buck between the Engineer and the Contractor with no one accepting responsibility. She asked Ms. Schleicher and Mr. Hughes if this agreement would protect us from that. Ms. Schleicher said in the past there was no agreement so this is the first step. Mr. Hughes said the Engineer did not specify what faucets would be on the outside of the building and it should have been picked up in the plans approval. He said it wouldn’t have been picked up on contract administration but the other drainage issues might have been. He said on this agreement the specifications are such that we theoretically should not have those kinds of problems. The vote was unanimous. Mr. Wolff moved to approve the Minutes for October 12, 2006, Mr. Pearce seconded, and the vote was unanimous. Mr. Wolff moved to approve the Minutes for October 27, 2006, Mr. Pearce seconded, and the vote was unanimous. Page 7 of 11 Mr. Wolff requested out of state travel for he and Ms. Doyle to attend a Wind Power Symposium in South Carolina. He said he had attended a conference on Skidaway Island and the experts from the renewable energy laboratory and Georgia Tech and Southern Power that have been working on the feasibility study have actually mapped the wind off of the Georgia Coast. He said the map should be online next week. He said it is doable for Tybee and is a 100% renewable resource for us. He said this conference is geared toward coastal wind power. He said there are some legality problems with who owns the ocean bottom but that will be resolved and he wants Council well informed when the permitting process starts. Mr. Crone said he believed council could go on the Internet and get all the information needed regarding windpower. Mr. Wolff said it isn’t the same as being able to ask questions to the knowledgeable people that know what they are talking about. Ms. Williams asked if the previous conference that Mr. Wolff had attended had addressed migrating birds. Mr. Wolff said yes and they had a study of a wind farm off of New England and within 30 days of this going operational the birds had altered their migratory route to avoid the field. He said what would be feasible for us would be 4 ½ megawatt wind turbines that would be 300 feet tall that would be located more than five miles offshore. He said the blades will be turning an average of 8 rpm so they are much slower than the turbine blades from the 70’s that turned so fast the birds could not see them. Mr. Pearce moved to approve the out of state travel request for whoever can go. Ms. Williams seconded as long as there is money in the budget. Mr. Pearce agreed. The vote was 5 in favor with Williams, Pearce, Sessions, Wolff and Doyle voting in favor and Mr. Crone opposed. Mr. Pearce requested to travel out of state to the National League of Cities conference in Reno Nevada. He said he confirmed with Ms. Fox that there was money in his travel budget for the trip. Ms. Sessions moved to approve, Ms. Williams seconded and asked how often these conferences are held. Mr. Pearce answered twice a year. Ms. Sessions asked that Mr. Pearce give a report to Council when he returns. The vote was 5 to 1 with Sessions, Williams, Wolff, Doyle and Pearce voting in favor and Crone opposed. Mr. Hughes presented Council with an Ante Litem Notice from Mr. & Mrs. Renfro for a second event. Mr. Wolff moved to reject the notice, Ms. Williams seconded, and the vote was unanimous. Mr. Hughes presented Council with an Ante Litem Notice from the Live Oak Group for property on Gullick Street. Mr. Pearce moved to reject the notice, Mr. Wolff seconded, and the vote was unanimous. Mr. Hughes presented a lease for the Marine Science Center at North Beach. He said they need the lease in place to do a feasibility study. Mr. Hughes asked Page 8 of 11 about the ownership of the fence and said that Mr. Wilson with DPW had requested to take the fence down in order to grade the parking lot for drainage and to get ready for the installation of the Pay and Display Meters. Mr. Fleetwood said if the Marine Science Center wants the fence he would be glad to donate it to them. Mr. Wolff expressed concern over not being able to utilize that portion for parking until the Science Center is completed. Mr. Hughes said the lease would be a 1 year renewable term and does not have to be exclusive to that certain plat of property. Ms. Schleicher said they are surveying the lot now to figure out parking. Mr. Crone asked how the city will miss money they haven’t ever received. Mr. Wolff said he wanted to accommodate a more usable space and asked if we could use square footage on the lease agreement. Ms. Williams said there is already a plan in place. Ms. Schleicher asked what the description would be. Mr. Hughes suggested making the lease non exclusive so that the City could continue to utilize the property. He said exhibit A would be marked on the survey. Ms. Johnson expressed concern over City Personnel using their property. Mr. Pearce moved to approve the contract with Mr. Hughes language and the fence being removed, Ms. Williams seconded, and the vote was unanimous. Mr. Hughes introduced the Ordinance regarding Municode and asked this to be considered its introduction and adoption can take place after it is properly advertised for a Public Hearing. Mr. Wolff moved to go into Executive Session to discuss Litigation and Acquiring Real Estate, Ms. Williams seconded, and the vote was unanimous. Mr. Wolff moved to return to Regular Session, Mr. Pearce seconded and the vote was unanimous. Mr. Wolff moved to adjourn, Mr. Pearce seconded, and the vote was unanimous. Page 8 of 11