Loading...
HomeMy Public PortalAbout20080508CCMinutesCorrected and approved 7/9/09vw Page 1 of 7 20080508 City Council Minutes (Corrections approved by City Council on 7/9/09) Mayor Buelterman called the Consent Agenda meeting to order at 6:30pm. Present in addition to Mayor Buelterman were Wanda Doyle, Eddie Crone, Charlie Brewer, Barry Brown and Dick Smith. Councilman Wolff was out of town attending the Institute for Environmental Leadership. Also attending were City Manager Diane Schleicher and City Attorney Bubba Hughes. Mayor Buelterman listed the items on the Consent Agenda as:  Waiver of the nepotism Prohibition-Ocean Rescue Division-brothers, Matt & John Januika (part- time seasonal employees)  City Council Minutes: 3/13/08  City Council Minutes: 3/27/08  Council Work Session Minutes 4/19/08  Alcohol License Application – Peruvian Association of Savannah: beer, wine per event (7/26/08 @ Memorial Park)  Turtle placement at the Guard House-Council approved with recommendation to locate near the power outlet.  Beach Certification Documents. Letter from Mr. Hughes to the Corps of Engineers certifying that Tybee already has easements on the properties involved.  Georgia State Harley Owners Rally-request to waive or reduce fees for vendors-Council approved reduced fees of $25 per vendor for event  Friends of Tybee Theater request for the city not to enforce parking after 7:00pm on 5/31/08- Approved no enforcement after 7:00pm in North Beach Parking Lot and use of the City Logo. Mayor Buelterman closed the Consent Agenda meeting. *** Mayor Buelterman called the Regular meeting of the City Council to order. City Officials present during the Consent Agenda were still in attendance. Charlie Brewer gave the Invocation and everyone recited the pledge of Allegiance to the Flag. Mayor Buelterman introduced Patrick Glenn and Joseph Frankowsky. He said they are Boy Scouts that are earning merit badges for Citizenship and Community. Visitors addressing council were: Former Mayor Walter Parker requested council not allow Dogs on the Beach because of the risks of disease associated with pet waste in the sand that cannot be picked up or cleaned. Corrected and approved 7/9/09vw Page 2 of 7 Bill Blakey offered to pay for half of the cost to remove the trees at the end of 17th Street that are blocking the ocean view. Debbie Kearney announced the Marine Science Center Sea Camp this summer and June 7th Sea Kayak Race. Kathryn Williams announced the Native Plant Lecture and Sale at the Gym on May 10th. Shelly Krueger a graduate student in Marine Science from Savannah State University requested that dogs not be allowed on the beach between 8th and 11th Streets. She said those locations have the highest density of turtle nests. Brucie Westerman invited everyone to the grand welcoming ceremony of Tiffany 2. She said this Tiffany Turtle would be placed at the Guard House to replace the Tiffany Turtle that was auctioned as part of the Turtle Tour. Henry Levy requested the City sue the Corps of Engineers for the harm done to Tybee Island for generations. Mayor Buelterman read a letter from Steve Fox requesting that dogs not be allowed on the beach. *** Mr. Brown disclosed that Petitioner Mack Kitchens was a contributor to his campaign; Sam Liberti has done design work for him; Mark Boswell has done engineering work for him. Mr. Smith disclosed that Petitioner Mack Kitchens was a contributor to his campaign; Sam Liberti has done design work for him; Mark Boswell has done engineering work for him. *** Mayor Buelterman announced that City Council approval is not a permit. Permits are available in the Zoning Department of City Hall. *** Mayor Buelterman opened the public hearing for Site Plan Approval. Ms. Allen presented the petition for Site Plan Approval including a 10 foot front setback variance for a new condominium building-3 unit, Lot 2 Izlar Ave. PIN 4-0008-05-014 in Zone C-1. She said the PC recommended approval. Ms. Perkins said she has no problem with the setback variance on the front. She opposed the site plan review because there is no compensating increased side yard setback. She said she is concerned with the fill that has been put on the property. Corrected and approved 7/9/09vw Page 3 of 7 Ms. Williams asked what the hardship was. Mr. Liberti said he is the designer of this project and responded that the 70 foot depth on the lot creates a hardship. He said he could not design three condos on this property without the variance. He said they are down to 1125 square feet per unit. He said even if there is a house there we cannot drain our water onto any adjacent property. He said in the past they have done a percolating system which absorbs the water and it’s a little more expensive than a swale and a runoff. He said there are solutions for stormwater and he concurs that Tybee does have a problem. Ms. Perkins said the condominiums behind this lot seem to be on a lot with a 70 foot depth. Mr. Boswell said he would like to address questions from council about drainage or swales or anything like that. He said they have never claimed a hardship on this lot and they never asked for a hardship. He said we do not drain onto the property of others; that’s not allowed by Tybee and no one in the state of Georgia allows that. He said he has worked on Tybee for years and has never drained anything on anybody else ever. He said Tybee does not allow that. Mr. Brown asked if Mr. Boswell had previous elevations on the lot. Mr. Boswell said no sir his hands are tied because all he has is what the surveyor got him which is current. He said it looks to be the same elevation as the lots surrounding it. Mr. Brown said it looks a little higher than the slab on the house that Ms. Perkins lives in. Mr. Brown asked if they were putting more dirt in there. Mr. Boswell said no. Mr. Brown said he actually thought Mr. Kitchens was planning on taking some dirt out. Mr. Boswell said what they are planning to do is put the slab right at the road elevation or slightly higher so that the slab will drain towards the road but the swales on the side will be caught in the detention basin in the back. He said they probably will be taking out more than they are putting in the natural spot. Mr. Crone moved to approve, Mr. Brewer seconded. The vote was unanimous. *** Mayor Buelterman opened the public hearing. Ms. Allen presented the petition for a Zoning Variance for Paul Ewaldsen, Jr. for setback variances for stairs, decks and an elevator at 3 Second Terr. PIN 4-0004-05-004 in Zone C-1. She said the PC recommended approval with the condition that the height of the elevator shaft not be higher than the existing shed roof. Ms. Doyle motioned to approve with the condition that the height of the elevator shaft not be higher than the existing shed roof, Mr. Smith seconded and the vote was unanimous. *** Mayor Buelterman opened the public hearing. Corrected and approved 7/9/09vw Page 4 of 7 Ms. Allen presented the Map Amendment and Site Plan Approval for Tybee Trees, LLC at 13 Fourteenth Street, PIN 4-0007-06-001 to rezone from R-T to C-1 conditional and Site Plan to allow for a special event facility. She said the PC recommended approval of the Map Amendment and the Site Plan with 5 noted conditions. The Map is in the room with the PIN number noted on the map and the agenda. Council had the standards for map amendments before them. Ms. Sheldon said she plans to utilize the structure for her home for the next couple of years. She said the existing trees contribute to noise abatement for the surrounding commercial uses. Mr. Keith Gay and Nick Basta spoke in favor of the petition. Mr. Shell Solomon spoke in opposition to the petition. Mr. Hughes explained that the property would be rezoned; but it is rezoning that property to a specific use. He said that use is all it can be without the property being rezoned again. Mr. Brown asked if this will be reviewed annually for compliance. Mr. Hughes said one of the conditions is the business license would be reviewed by staff annually for compliance to rules and regulations. Mr. Smith moved to approve under the conditions that were proposed by the Planning Commission and the seven conditions included in that proposal, Mr. Brown seconded. Mr. Hughes said in addition to what conditions we are imposing we address the need for an agreement with the property owner to address things such as lighting and signage that would be the commercial side and the use of the property as a residence and should that use stop. Mr. Hughes read the conditions and asked that they be attached to the minutes: 1) Tybee Trees will supply to the city notarized documentation from the owner(s) of the Ocean Plaza property granting permission to use the ocean Plaza facilities for over-flow parking when necessary. 2) Tybee Trees will supply to the city notarized documentation from the owner(s) of the Georgianne Inn granting permission to use a portion of the access easement for overflow parking. 3) The business license of Tybee Trees shall be reviewed by staff annually for compliance with city rules and regulations. 4) The property may only be used as a special events facility as defined in the City ordinances and except as otherwise stated herein, and shall be limited to a maximum of fifty(50) attendees. Should the petitioner desire to hold events for more attendees the Chatham County fire marshal and the city planning department must approve the expansion. Expansion(s) to accommodate more than 100 attendees will require review by the planning commission and city council at a public hearing. Corrected and approved 7/9/09vw Page 5 of 7 5) The property and facility may only be serviced for catering that has been prepared off-site. Should Tybee Trees desire to offer on-site catering (food on-site), it must show compliance with Chatham County Health Department rules and regulations. 6) No outdoor amplified music and/or drums shall be permissible on the premises. 7) Noise shall be controlled for commercial property under the noise ordinance but volume measured at the receiving land use. 8) Exterior lighting shall be subject to approval so as not to direct lights onto neighboring structures. 9) It is further agreed that the conditions imposed and compliance therewith are subject to review and reconsideration upon notice to Tybee Trees or, if initiated by Tybee Trees, as provided in the conditional zoning ordinance. In the event an owner of the property no longer desires to use the property as a single family residence in addition to as a special event facility, a public hearing with applicable notice and publication will be required and all conditions previously existing subject to rescission and/or revision as determined by the Mayor and Council. Mayor Buelterman requested out of fairness to existing B&B’s, they should be looked at to determine if hosting smaller weddings could be allowed. The vote was unanimous. *** Mayor Buelterman opened the public hearing on the Site Plan Approval for 13 Fourteenth St. Mr. Crone moved to approve, Mr. Smith seconded and the vote was unanimous. Mayor Buelterman called for a short break. *** The following people addressed council about the dog park: Greg Steffler sent a letter expressing Tourism Council support of the dog park and requested an extension of the deadline for dismantling the existing dog park. Henry Levy spoke in opposition to the present dog park location and requested an alternate site around the Sally Pierce Nature Trail. Marie Rodriquez spoke against dogs being allowed on the beach. She expressed support of a dog park. Gloria Leonard spoke in favor of the Dog Park. Dottie Klutz expressed support of the Memorial Park dog park location. Corrected and approved 7/9/09vw Page 6 of 7 Annie Estes spoke in favor of the Dog Park. Perb Fortner expressed support for council’s decision. Ann Miller said she observed many dogs at the campground over the last weekend and asked council to talk to Mr. Hemphill about locating a Dog Park there. Larry Nesbitt expressed support for council’s decision to move the dog park from Memorial Park but asked them to consider another location. Mayor Buelterman opened the business meeting. Ms. Doyle said she has talked to Mr. Hemphill about relocating the dog park behind the ceramic building and have it be a part of the campground. She said there is approximately 8,500 to 9,000 square feet in the area. She asked that the dog park be left in the present location until we can relocate it. Ms. Doyle moved to relocate the Dog Park to the campground location behind the ceramic building under supervision of Mr. Hemphill and extend the deadline for moving the existing park from two to four weeks, Mr. Brewer seconded and requested Ms. Doyle amend her motion to add a small dog park of approx. 2,500 square feet near the water tower; rules of operation to be established by campground and city staff; no work done in Memorial Park this Mother’s Day weekend, that would interfere with the art show or as part of the removal of this facility; proper signage, even if it is temporary in nature, to direct people to the new dog park location and address that issue; an orderly transition of moving the dog park to the new location; it will be moved immediately upon the grade being prepared and leveled and it will be a coordinated effort. Ms. Schleicher asked Mr. Brewer if the small dog park location was the shady area along the road. Mr. Brewer said yes. Ms. Doyle accepted Mr. Brewer’s amendments to the motion, Mr. Brewer seconded the amended motion, and the vote was unanimous. *** Ms. Schleicher requested approval to transfer $1,289,045.85 of local renourishment funding to the Corps of Engineers for Beach Renourishment to an interest bearing escrow account used by COE for beach renourishment and the $2,930,000 of state funding directly to the COE. Mr. Brewer asked if locating an interest bearing account for the city is a competitive process. Ms. Schleicher said we have a bank that we generally bank with. Mr. Brewer said he would recommend doing it as a competitive bid to see who would give the best interest for the money. Mayor Buelterman said they would have the finance director look into it. *** Mayor Buelterman opened the business meeting. Corrected and approved 7/9/09vw Page 7 of 7 Mr. Smith moved to approve all items on the Consent Agenda as listed earlier, Mr. Smith seconded, and the vote was unanimous. *** Mr. Brewer moved to accept Mr. Blakey’s request to negotiate with Ms. Schleicher on the City eliminating some of the trees and planting smaller trees and Mr. Blakey participating in part of the cost of that project. Ms. Doyle seconded. Mr. Brown said he has a problem with three to five foot trees potentially creating a problem with traffic because people will have a tough time looking around them. He said he is concerned about the cost to the city and requested getting an exact cost from Ms. Schleicher and at that point sitting down and negotiating with Mr. Blakey. Ms. Doyle asked Mr. Brewer to amend his motion to get a cost from DPW and bring it back to the next meeting. Mr. Brewer amended his motion to wait until the next meeting to have input from staff on the cost and also for looking at other types of shrubbery, Ms. Doyle seconded the amended motion and the vote was unanimous. *** Mr. Smith moved to approve the transfer of $1,289,045.85 of local beach renourishment money to an interest bearing account for use by the COE, Ms. Doyle seconded, and the vote was unanimous. *** Ms. Doyle moved to approve the escrow document for Beach Renourishment, Mr. Smith seconded and the vote was unanimous. *** Mr. Brown moved to go into Executive Session to discuss Personnel, Litigation and Real Estate, Mr. Brewer seconded and the vote was unanimous. *** Mr. Brown moved to return to Regular Session, Ms. Doyle seconded, and the vote was unanimous. *** Ms. Doyle moved to adjourn, Mr. Smith seconded and the vote was unanimous. _________________________________ Mayor Jason Buelterman _____________________________________ Vivian O. Woods, Clerk of Council