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HomeMy Public PortalAbout20070412TybeeCouncilMinsITEM 2007-4-12 City Council Minutes Mayor Buelterman called the Consent Agenda meeting to order at 6:30PM. Present in addition to the Mayor were Council members Sessions, Williams, Doyle, Crone, Pearce and Wolff. Also attending were City Attorney Hughes and City Manager Schleicher. *** Mayor Buelterman listed the Consent Agenda items as: City Council Minutes for March 22, 2007 Alcohol & Beverage License for Sunday Sales for the Sundae Café. Denial of the Insurance Claim for Ms. Waltz. Appointment of David Birdwell to the Audit Committee. Approved Contract for Coastal Construction for $65,500 to construct crossovers at 14th and 15th Street. Mayor Buelterman closed the Consent Agenda meeting. *** Mayor Buelterman called the regular meeting of the City Council to order at 7:00PM. Officials present at the Consent Agenda were still in attendance. Reverend David Laughner of Chapel by the Sea Baptist Church gave the invocation and everyone recited the Pledge of Allegiance to the flag. Visitors were; Alan Fleming of the First National Bank on Tybee Island Bill Cannon of the Tybee Beautification Association June Devisfruto of the Fort Pulaski National Park David Postle of the Tybee Neighbors Association *** Mr. Brown, Planning Commission Chairman presented the petition for a Special Review and Site Plan Approval in Zone C-2 at 1126 Hwy 80, Petitioner, Chris Chandler. Mr. Brown said the planning commission had approved this petition with 14 conditions. Ms. Williams asked what would happen if changes occurred before the six month deadline for updating the plan. Mr. Hughes said Mr. Yellin, Attorney for Chandler, wrote that if the property owners change anything or restrict the use then the applicant must submit a new parking plan. Ms. Sessions asked if the decks would be posted with the maximum capacity limits. Mr. Yellin said Mr. Bargeron, City Marshal, made it abundantly clear the decks must be posted with the maximum capacity limits and they will be. Ms. Sessions asked if there would be over night quest allowed and if so would there be hotel motel tax paid. Ms. Williams said in a letter Mr. Chandler submitted; it referred to his only business as an event location and did not include lodging. Mr. Yellin said it will not be marketed as lodging but in one situation there was a Bride and Groom that the manager felt had too much to drink so she asked them to stay there. He said it will be a nominal, minimal use. He said if they ever get to where they are providing too much lodging the city could shut them down by saying they are not approved for that. Page 1 of 6 Ms. Williams asked when they were planning to tie in to the sewer line. Mr. Yellin said they would tie in whenever council dictates. After discussion concerning traffic, Mr. Yellin said the owners have a problem with the requirement for a Certified Policeman to direct traffic at all events. Ms. Sessions said her concern is during peak traffic hours during the tourist season there is a lot of traffic there that doesn’t slow down. She said the DOT suggested that enforcement needed to be stepped up in that area. Mr. Yellin suggested council make that requirement for 7 until 9:00AM and 5 until 7:00PM as the peak hours and require that events that have a certain number of people attending at those times would require the Policeman to direct traffic. Mr. Hughes suggested they include Holiday Weekends also. Ms. Williams asked what event would start at 7:30 AM. Mr. Yellin said there might be an event in which a caterer or a florist would need to be there that early. Ms. Williams said the neighbors will be impacted if an event runs from 7:30AM until 1:00AM. She asked if there could be multiple events during one day. Mr. Yellin said there could be multiple events in one day. Ms. Williams suggested the start up time as 8:00AM. Mr. Yellin agreed. Ms. Doyle asked if the Fire Marshall requirements had been met. Mr. Yellin said they will meet the Fire Marshall requirements within a specified time after the site plan is approved. Ms. Doyle asked the zoning staff to conduct a follow up to make sure this location is in compliance with the Fire Marshall recommendations. Mr. Bargeron stated the capacity limit as 129. Mr. Hughes outlined the following conditions for the facility including all of the conditions set forth by the Planning Commission as well as the required Tie in to the Sewer line. Mayor Buelterman said concerning the requirement for a Policeman we need to be very specific about the time, number of people and the days. Mr. Hughes suggested Council leave this requirement flexible to be directed by the Police Department and Staff. Ms. Williams asked that representatives from the Police Department and Zoning meet with the Owners and set up the criteria for requiring a Policeman using traffic counts on holidays, weekends, peak hours and Months of the year. She said they could establish the number of people using the traffic count data to determine when an officer would be needed to direct traffic in and out of the venue. She said once the criteria is determined the owners would know when the officer is required and that would eliminate them having to come and ask the city for each event. Mr. Wolff recommended allowing them 30 days to tie into the sewer. Mayor Buelterman said there are 13 on site parking spaces and 68 off site parking spaces for a total of 81. Mayor Buelterman said if lodging becomes an issue we will address it at a later date. Mr. Yellin said Council’s concerns are well stated and understood and the owners do not want this to be lodging of any kind. Ms. Marshall said if the City received complaints about them providing lodging they could have their business license revoked. Ms. Williams expressed concern over the public having to police this venue instead of use being established by Council. Mr. Hughes suggested whatever the motion is for, that it refer to the conditions on the agenda document listed as one through fourteen; with number fifteen being added as the 30 day tie into the sewer stipulation; With the maximum capacity change to 129 on number seven; With the change of 15 to 13 on site parking spaces on the first stipulation including the total parking spaces being changed to 81. Mr. Hughes said on number four Ms. Williams suggested the representatives meet with Staff and Law Enforcement and decide based on historical data when traffic assistance through certified law enforcement would be required. Mr. Crone moved to Page 2 of 6 approve the Site Plan with conditions as stated by Mr. Hughes including changing the starting time to 8:00AM. Ms. Doyle seconded and the vote was unanimous. Mr. Crone moved to approve for special review with the same conditions as stated in the previous motion, Ms. Sessions seconded, and the vote was unanimous. *** Mr. Wolff said he applied for a Site Plan Approval to change his vacation rental to a residential Bed and Breakfast to be in compliance with the codes. He said it has been discovered that he needed a Special Review as well as Site Plan Approval and therefore he is withdrawing his petition and going back through the Planning Commission to start the process over again. *** Mr. Brown presented the text amendment for section 4-050 (e) (2) (b) regarding Special Event Structures in C-1. He said the P. C. recommended approval. Ms. Doyle asked if off site parking could be provided. Mr. Brown said yes. Mr. Wolff moved to approve, Mr. Pearce seconded. The motion carried with Wolff, Pearce, Sessions and Williams voting in favor and Crone and Doyle opposed. Mr. Hughes said this is 1st Reading. *** Mr. Brown presented the text amendment for the Soil and Sedimentation ordinance Article 15. He said PC recommended restoring all the minor land disturbing exemptions listed as articles 3 and 4 in the State’s Model Ordinance that had previously been removed in 2005. Mr. Wolff explained the recommended changes to article 15 that were sent to the Planning Commission. He said the model ordinance was written for Trout Streams in North Georgia and makes no reference to tidal marsh which is our biggest issue. He said the draft that was sent to PC for review had definitions of tidal marsh. He said the other thing included plants used to determine tidal marsh. He said in section 15(f) it refers to a riparian buffer which would involve bulkheads. Ms. Sessions asked if it’s enforceable and who would be enforcing it. Ms. Doyle said these should not be up for discussion because the Planning Commission did not review the changes because of lack of instruction. Mayor Buelterman said basically the Planning Commission approved what the State does. Mr. Shannon Winseff of the DNR said the State only requires enforcement of the model ordinance but Cities can be more restrictive if they want; giving them greater control over development but meaning more work. He said the proposed additions do bridge a gap in the model ordinance that doesn’t pertain to marsh. He said to his knowledge there are no other coastal communities that are more restrictive than the model ordinance. He said Camden County is looking at adopting the same wording contained in the proposed ordinance that was sent to the Planning Commission that contained the marsh references. Mr. Winsneff said the ENS permit is going back up to be readdressed and rewritten in 2008 and a lot of problems in it should be resolved at that time. He said Tybee will then have to conform to the new permit regulations. Mr. Brown asked Bruce Foisey and Shannon Winsneff if there has ever been a comprehensive study on the coastal marshlands done by the EPD or EPA. Mr. Foisey and Mr. Winsneff said no. Ms. Williams said she had located an extensive list of comprehensive studies on the Marshland on the internet. She said there have been presentations given by Drs Holland and Verity on marsh ecosystems in City Hall. Mr. Pearce said they need to approve the proposed version with the marshland definitions included. Ms. Sessions reiterated the need for a workshop with EPD Page 3 of 6 representatives as well as City of Tybee officials and staff along with the Planning Commission. Mr. Nesbitt said if we go with the state ENS ordinance we will end up with less problems in the future. Ms. Williams moved to postpone this until a workshop can be held and the workshop is to be scheduled within the next 30 days, Ms. Sessions seconded. Mayor Buelterman asked Mr. Hughes if they could have a workshop on the setbacks on the houses from the Beach at the same time. Mr. Hughes said yes they could review the Coastal Protection Ordinance at the same time. Ms. Doyle asked if they were not going to put the exemptions back in and have the State model. Mayor Buelterman said if this motion passes someone could make another motion to go back to what the State is or what the Planning Commission recommended, until a workshop can be held and then changes could be made. Ms. Williams said the reason she didn’t move to make those changes is because she didn’t see a reason to make those changes this month and then make changes again next month. She thinks all changes should be done at the same time. Ms. Doyle explained that people are waiting and are going to have to take a $1,000 to $1,500 DNR class on land disturbing in May to plant and lay sod. She said she has had many people come and talk with her and it concerns her that they will have to spend this money. She said she understood if the exemptions are put back in, they would not have to attend that class. Mayor Buelterman said that is correct. He said in the existing ordinance, in order for a person that owns a single family home to plant a tomato plant they would have to come in and get a land disturbing permit. Ms. Doyle said that is the way she understood it too. Ms. Marshall said the Coastal Protection Ordinance is pending at the Planning Commission and asked if the workshop would affect that. Mayor Buelterman said in that case they would consider the ordinances separately and only handle the Soil and Sedimentation Ordinance tonight. Mayor Buelterman asked if there was further discussion on Ms. Williams motion. He said he understood her motion to be, to have a meeting about this ordinance in a workshop. Mayor Buelterman asked Mr. Hughes if Ms. Williams motion carried would that preclude someone making a motion on what the Planning Commission suggested. Mr. Hughes said no. Mayor Buelterman asked for all in favor of Ms. Williams motion to have a workshop to discuss this at a later time. The motion carried with Williams, Sessions, Pearce and Wolff voting in favor and Doyle and Crone opposed. Mayor Buelterman asked if there was a motion on the Planning Commission recommendation. Mr. Crone moved to put the exemptions back into the ordinance and revert back to the State Model, Ms. Doyle seconded. Ms. Williams said she did not have a problem putting the exemptions back in but did not want to piece meal the ordinance. She said she would not vote to do that until they hear it again. She said none of council objects to putting the exemptions back in but she doesn’t want to do that without the other information. The motion carried with Crone, Doyle, Sessions, Pearce and Wolff voting in favor and Williams opposed. Mr. Hughes said this will be 1st Reading on reinserting all of the exemptions that had been deleted from the model ordinance. Page 4 of 6 *** Council asked Clerk to schedule the workshop to involve as many people as possible. Ms. Williams asked anyone with suggestions on how Council should determine the Shore protection Line to please send them to Ms. Woods so they can be disbursed to Council members and Planning Commission members. Mayor Buelterman suggested having an overhead picture showing where the houses are located to use during the discussions. Ms. Marshall said the Planning Commission had requested a graphic for the meeting. *** Ms. Williams asked what the $1,100 fee was associated with the Special Event at Ft. Pulaski. Ms. Schleicher said that is the $100 event fee and the $1,000 deposit that hasn’t been taken off the books. *** Mr. Pearce moved to approve items as listed on the consent agenda, Ms. Williams seconded and the vote was unanimous. *** Mr. Crone moved to approve the 145th Siege and Reduction at Ft. Pulaski with requested waiver of city fees, Ms. Sessions seconded, and the vote was unanimous. *** Mayor Buelterman said regarding the text amendment to the Municipal Code, Section 12-1 Beach Rules and Regulations; what would the fine be if someone was caught fishing off of the jetties? Mr. Hughes said it would be determined at the Judge’s discretion. Mr. Pearce moved to approve for 1st Reading, Mr. Wolff seconded, and the vote was unanimous. Mr. Crone said the Dune Crossovers are structures. Ms. Schleicher said as specified so there will be signs informing the public about these rules posted on the structures. *** Mr. Pearce gave a report to council regarding his trip to the National League of Cities Conference in Washington, DC. He said the organization endorsed beach renourishment. He named himself along with Walter Parker and another man from Myrtle Beach saying they petitioned the members for the endorsement. He shared a copy of the policies of the organization saying he would give a copy to Ms. Schleicher in case anyone wished to read it. *** Ms. Williams moved to go into Executive Session to discuss, Personnel, Litigation and Real Estate, Ms. Sessions seconded, and the vote was unanimous. *** Page 5 of 6 Mr. Pearce moved to go back into Regular Session, Mr. Wolff seconded and the vote was unanimous. *** Mr. Pearce moved to adjourn, Ms. Sessions seconded and the vote was unanimous. ______________________________ Mayor Jason Buelterman ___________________________ Vivian O. Woods, Clerk of Council Page 6 of 6