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HomeMy Public PortalAbout20090409CityCouncilMinutesPrepared on 4/22/09dw Page 1 of 6 20090409 City Council Minutes Mayor Buelterman called the Consent Agenda meeting to order at 6:30pm on Thursday, April 9, 2009. Council members present were Mayor pro tem Wanda Doyle, Barry Brown, Eddie Crone, Dick Smith and Paul Wolff. Councilman Charlie Brewer was absent. Also present were City Attorney Bubba Hughes and City Manager Diane Schleicher. Mayor Buelterman listed the following items on the Consent Agenda:  City Council Minutes for 03/26/09  14th Street Drainage Project- Council agreed with attorney to proceed with Infrastructure’s recommendation to send letter requesting answer for signed easement, wait one week, after which the City will move forward with condemnation procedure. Approved contract for contractor to begin at 14th and Chatham Ave. City manager informed council there would be a change order coming for 1501 Chatham Ave. Will bring to council at a later date. A Motion by Councilman Wolff to go into Executive Session to discuss Real Estate and Litigation was seconded by Mayor pro tem Doyle. The vote was unanimous. A Motion by Councilman Wolff to end Executive Session was seconded by Councilman Crone. The vote was unanimous. Mayor Buelterman adjourned the Consent Agenda . Mayor Buelterman called the regular meeting of the City Council to order at 7:05pm. Those present at the Consent Agenda were also in attendance for the regular meeting. Carolyn Smith gave the invocation and the Pledge of Allegiance followed. Mayor Buelterman thanked the Coast Guard, MRS, Fire Department, Police Department, for all their efforts in the unfortunate drowning we had last week on Tybee and extended the city’s condolences to the family. Mayor Buelterman also announced the filming of Miley Cyrus’s new Hannah Montana movie on Tybee this summer. Citizens to be Heard Representatives from Tybee Neighbors spoke in support of proclamation of April 22nd Tybee Days and events coming up that day. Representatives from numerous organizations were present in support of the volunteer recruitment fair to be held on that day. 5:00-8:00 at the Guard House. Libby Bacon, Tybee Beautification , spoke on Earth Day Festival Events at Forsyth Park. Nasty Butt and Tybee Beautification will be there to represent Tybee. Beach Sweep on May 2nd. Also special recyclerama 8:00-11:00 for things like paint, tires, computers, etc. Mary Ingalls spoke in support of the arts shows in the park. Prepared on 4/22/09dw Page 2 of 6 Douglas Jones spoke on opposition of arts shows in the park . Other venues may be appropriate but not in the park. Mayor Buelterman announced one of his powers as mayor without the need of council votes is proclamations so he Proclaimed April 22nd as Volunteer Day on Tybee and presentation will be made on that day at the event. The Mayor then invited James Billy (Pee Wee) Williams to step forward and presented a Certificate of Appreciation to him on his Retirement of 27 years, to the day, of service to the city of Tybee. Janice Elliott also presented a gift from the city. Mayor Buelterman then recognized Hillary Brodofsky and congratulated her on being named Manager of the Year for the Coastal Region of the YMCA. Councilman Smith asked her to explain her recent honor & selection by the national YMCA. For next 8 months she will be part of a 20 member team of the Education Development Group for the national YMCA and Cornelius University for training purposes. Consent Agenda:  Consideration of Consent Agenda items. A Motion by Councilman Brown to approve the Consent Agenda was seconded by Councilman Smith. The vote was unanimous. Public Hearings: Mayor Buelterman recused himself due to close friendship with owner and proximity to his residence. Mayor Pro Tem Doyle then Opened the Public Hearing.  Consideration of Special Review(Section 5-070) Ordinance 40-2008, Bed and Breakfast Regulations Petitioner: Nancy Morris & Stuart Liles,16 Meddin Dr. Pin #4-0002-05-005,Zone R-1 Diane Otto explained it was to ask for adding special events up to 20 people to their B&B permit. Under current ordinance they need special review to do this. Stuart Lyles informed council their intent was to adjust and adhere to new laws. Bucky Chafin, 23 Meddin Dr spoke on parking situation and other permits. Diane Otto explained they must have 5 spaces for events, 3 spaces for each unit in B&B, 2 spaces for owners for a total of 10 spaces. Their site plan indicates the 10 on site spaces. She also stated the current ordinance states NO alcohol beverage license may be issued. Brown asked about vendors coming in and if they would have alcohol licenses. Ms. Otto stated if they have state license allowing them as such. Brown also asked who would police this. Ms. Otto replied The Police. Mayor Pro Tem asked for clarification from attorney Hughes who stated it would be the same as if you were hosting an event with a caterer in your home they would have the license not you. Brown asked Mr. Chafin if B&B business caused problems in neighborhood. Mr. Chafin responded conversation noise. Brown asked about entertainment-bands,etc. Diane Otto stated they would have to abide by Noise Ordinance for residence. Wolff asked about the fire department report confirming ability to have 20 people in space. 45 inside 50 outside. Mr. Lyles stated this was to be allowed to book people into the rooms from weddings held on beach. They do not want to go into the wedding business. Prepared on 4/22/09dw Page 3 of 6 Mr. Andrew Shaw, neighbor, spoke on parking issue. People park on their private property. Not enough room. This is residential neighborhood. If approved police need to be aware of official parking spaces, violators to be towed. Attorney Hughes told him to post his property. Diane Schleicher volunteered to assist neighbor in finding proper recourse to protect his property from overflow parking. Keith Gay spoke in support of approval. Mayor Pro Tem closed public hearing. A Motion by Councilman Wolff to approve contingent on parking spaces being clearly marked was seconded by Councilman Crone. The vote was unanimous with the Mayor recusing himself. Mayor Buelterman rejoined meeting and opened next Public Hearing.  Consideration of Zoning Variances (Section 3-020), Continuance of Nonconforming Uses/Structures, 1113 Butler Ave. PIN 4-0006-19-007 R-2. Petitioner: Thomas Beytagh for Bill Lanier. Diane Otto explained it was necessary because this is a nonconforming structure. It changes some of the setbacks but not all. Brown asked attorney to explain part of code that discusses expansion. Attorney said this variance addresses setback issues not the expansion type that allows approval by staff. Mayor closed public hearing. A Motion by Councilman Wolff to approve was seconded by Mayor pro tem Doyle. The vote was unanimous. Mayor opened public hearing.  Consideration for 1st Reading of Text Amendment (Section 5-110) Ordinance 04-2009 Beach, Dune or Vegetation Disturbance to amend Section 3-100 Beach, Dune or Vegetation Disturbance. Diane Otto explained this was sent by council to planning commission. The commission voted unanimously to recommend approval. This would establish a Tybee ordinance for what is now DNR policy of a setback being at 10 foot off the landward most dune toe. Mayor asked if no dune. Response from Crone & Doyle was if no dune then the DNR Jurisdiction line applies. Attorney asked that to be addressed on another day. Mayor closed public hearing. A Motion by Councilman Wolff to approve w/insertion of the word landward in front of toe in the last paragraph was seconded by Councilman Smith and carried. The vote was Wolff, Smith, Brown and Doyle in favor and Crone opposed. Mayor opened public hearing  Consideration for 1st Reading of Text Amendment (Section 5-110) Ordinance 09-2009 South End Business Overlay District to amend Ordinance 3-2008, South End Business Overlay District. Diane Otto explained this was initiated by the city to amend the south end business overlay district ordinance adopted last year. The proposal is to strike one sentence that prohibits vending machines in the south end business district. Prepared on 4/22/09dw Page 4 of 6 Mayor asked if denial is simply to allow vending machines on city right away. Councilman Brown asked if this addressed selling of merchandise on the sidewalks. Attorney Hughes explained this only addresses the vending machines. Mayor asked how this came up. Brown stated several businesses want them. Wolff also stated business should be allowed to have vending machines on their own property. Does the way this is written allow us to, if it doesn’t pass, allow vending machines on private property in the C1 district. Hughes responded we are trying to have, based on the plan that was previously adopted for the south end business overlay, to have all of them become conforming without vending machines. Mayor asked public or private? Hughes answered yes it was his understanding that the original intent was. I think as part of this process. Mayor asked if this is how the ordinance is written, that they cannot have it on public or private right now? He answered, right. Mayor Pro Tem asked if it is only 1 business that owns out front or is there 2. There are 2 people that are asking for this. Diane Schleicher responded that 2 businesses, 1 has sidewalk/private property that would like to have vending machines and 1 business that has a large storefront and it wants it to be changed as it would be partially on private and partially on public because they do not have quite enough space. So by changing the ordinance to strike vending machines we can work through the policies and procedures to allow business owners to have vending machines if this is out of the ordinance. With this in the ordinance we cannot even change the policy and procedures to work with the businesses to allow them. We have 2 businesses requesting this. Mayor Pro Tem asked if we take this out could we have 10 businesses have vending machines if we strike this from this overlay district. Schleicher responded what we need to do to avoid this is to strike it from the ordinance and tighten up the policy and procedures to limit it to businesses that have enough sidewalk that is already in the policy anyway that they have to have enough frontage so not to have a bunch of machines all the way down. Doyle restated space requirement is 10’ and Hughes stated yes and 90’ frontage to allow permit for vending machine. Smith asked if staff recommended approval and Diane Otto stated yes it is in keeping with that area. Wolff stated he wanted to reclarify the way this is written if it is approved it only allows 1 vending machine and only if they have 90’ of frontage and 10’ sidewalk so it is not going to clutter up the area. This is a business district and at least in that area certainly on Tybrisa people would like to be able to pop a dollar in a machine and not go inside especially if it is crowded. Doyle then asked if we look at all the money we have spent on making this area better, like the palm trees etc, and now we are going to allow vending machines, she thinks it is ashamed. Mayor closed public hearing A Motion by Councilman Smith to approve was seconded by Councilman Wolff and failed with Smith and Wolff voting in favor and Brown, Crone and Doyle voting in opposition. Mayor opened public hearing  Request for Reconsideration of Site Plan Approval 211 Butler Ave: Petitioner Jeff Cramer for 211 Butler, LLC. Pin# 4-0004-08-004 Zone C-1. Diane Otto explained the site plan was approved in February but had conditions. Mr. Cramer would like you to reconsider. This proposal didn’t go thru complete site plan staff consideration as it was simply this one drawing. Mayor asked if it just changed the access on 3rd and she replied yes entrance only. Wolff asked how it would keep people from exiting on 3rd. She referred question to petitioner. Mr. Hart said there is no 100% way unless you put the rake that punctures tires, but that is not all that safe, narrowing it down to one lane you have people trying to use it to go both ways. So he Prepared on 4/22/09dw Page 5 of 6 recommends leaving it open and posting signs on either way. It becomes an enforcement issue then. Wolff asked if it would be possible to get 2 curb cuts on Butler. He stated DOT would not due to curb cuts across the street. Mr. Hart and Ms. Otto explained the plan on display does not show new access. That would be changed. Mr. Hart explained this property has major safety issues. Council needs to consider only 1 access. Asking only for a right turn in. One way in and one way out is fair compromise. Brown asked Fire Chief Sasser if he would or would not put his equipment on the property to fight a fire. He said if it is a fully involved structure probably not. He would stay clear of the power lines and put equipment on butler and 3rd. With 1 entrance people could be trapped and could not get out fast enough. This would create a safety issue. He sees a public safety issue. Doyle asked if access would be where it is now at opening of fence on 3rd. After conferring with Downer, Ms. Otto said yes. Discussion was held on parking meters in opening and around it. Few would come out. Wolff asked if pulling fire truck in & straight out in case of fire emergency. Can low curb & break in vegetation help. Chief Sasser responded his equip still wouldn’t be on property if structure involved. Mary Ann Bramble spoke against approval. Mayor closed public hearing. A Motion by Councilman Crone to approve as presented with access only on 3rd Street and less the vegetation in that area was seconded by Mayor pro tem Doyle and failed with Crone and Doyle voting in favor and Brown, Smith and Wolff voting in opposition. Mayor informed public DOT decides where crosswalks are to be put. He is still working on getting one at Butler and 3rd. Attorney clarified if builder is not going to proceed with approved site plan, then building has to be removed. Consideration of Ordinances and Resolutions:  2nd Reading (with revisions) for Ordinance to Amend the Code of Ordinances Article 9 Sec 66- 8(b) (3) to Regulate the Usage of Motorized Carts on the City Streets for the City of Tybee Island. Mayor informed council the response they requested from Chief Price was it was ok except at night. Attorney Hughes answered Brown questions about residents only to say there cannot be restrictions like residents only because of state laws. Decals would be handled same as cars. Would 2 in space be allowed. Hughes responded not as written. Motorcycles are allowed. So the carts could as well as long as they each buy a ticket. Brown asked attorney again if there was any way to write for residents only. Hughes responded he did not think so. Are mules already in use allowed. Hughes responded according to what equipment is used. Most mules would not. Mayor Pro Tem stated this would be a way to regulate the use. A Motion by Councilman Crone to deny was seconded by Councilman Smith and carried with Crone, Smith and Brown voting in favor and Doyle and Wolff voting in opposition.  2nd Reading for Ordinance to Amend the Code of Ordinances Article 9 Sec 6-9(B) Regarding Alcohol Prohibitions Applicable to Minors for the City of Tybee Island. Mayor explained all this was doing was making city law compliant with state law. A Motion by Councilman Smith to approve was seconded by Councilman Wolff. The vote was unanimous. Prepared on 4/22/09dw Page 6 of 6 Consideration of Local Requests & Applications-Funding, Special Events, Alcohol License:  Special Event Application for Art in the Park- Mom’s Day. Submitted by Mary Ingalls, owner of Art Encounter, May 9-10, 2009. Councilman Wolff reminded council there is nothing else going on & this would bring people to the island & generate revenue for the city. A Motion by Councilman Wolff to approve failed due to lack of a second. A Motion by Councilman Brown to deny was seconded by Councilman Crone and carried with Brown, Crone, Doyle and Smith voting in favor and Wolff opposed.  Special Event Application for Art in the Park – Tybee Days. Submitted by Mary Ingalls, owner of Art Encounter, November 21-22, 2009. A Motion by Councilman Crone to deny was seconded by Mayor pro tem Doyle and carried with Crone, Doyle, Brown and Smith voting in favor and Wolff opposed. City Managers Report Diane Schleicher gave report on the completion of the Byers St. Crossover and showed powerpoint presentation. Thanked DPW on job well done. Doyle asked if there is a plan for repair and replacement on Crossovers. Schleicher replied yes and she would get it to council. She also reported that GMA has offered a lease on the Grit Removal with a lower percentage rate that will give the city about $1500 savings per year. Executive Session: A Motion by Councilman Wolff to go into Executive Session to discuss Litigation and Real Estate was seconded by Mayor pro tem Doyle. The vote was unanimous. Councilman Crone left at 9:07pm. A Motion by Councilman Wolff to end Executive Session was seconded by Councilman Smith. The vote was unanimous. Adjournment: A Motion by Councilman Wolff to adjourn was seconded by Councilman Smith. The vote was unanimous.