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HomeMy Public PortalAbout20090514CCMinutesPrepared 5/27/09dw Page 1 of 6 20090514 City Council Minutes Consent Agenda Mayor Buelterman called the Consent Agenda meeting to order at 6:30pm on Thursday, May 14, 2009. Council members present were Mayor pro tem Wanda Doyle, Charlie Brewer, Barry Brown, Dick Smith and Paul Wolff. Councilman Eddie Crone was absent due to illness. Also present were City Attorney Bubba Hughes and City Manager Diane Schleicher. Mayor Buelterman listed the following items on the Consent Agenda:  Jet Pay Agreement  Hand Escrow Agreement/Easement –City Attorney will bring back Escrow Agreement for Ratification.  Emergency Budget Adjustment-$20,205 from Contingency item #100-9000-61-1000 to Lifeguard Part Time salaries-$18,752:100-6124-51-1200 and Small Equipment $1,453:100-6124-53-1600 A Motion by Councilman Wolff to go into Executive Session to discuss property acquisitions was seconded by Councilman Smith. The vote was unanimous. A Motion by Councilman Wolff to end Executive Session was seconded by Councilman Smith. The vote was unanimous. Mayor Buelterman adjourned the Consent Agenda. Mayor Buelterman called the regular meeting of the City Council to order at 7:00pm. Those present at the Consent Agenda were also in attendance for the regular meeting. Rev. David Laughner gave the invocation and everyone recited the Pledge of Allegiance to the Flag. Mayor’s Announcements Mayor Buelterman expressed condolences to the families involved in the automobile accident on Bull River Bridge and said he and council are collectively working to resolve the problems with the widening of the bridges. Mayor Buelterman announced the MSR butt sale on Sat, May 23rd at Lazaretto Creek. Mayor Buelterman announced The Crab Shack and MRS Children’s Fishing Tournament, June 13th. Citizens to be heard. Jimmy Brown introduced Virginia Mobley from the Chatham Emergency Management. She gave information on the CEMA’s Disaster Community Response Team training sessions coming up. This will be a team of volunteers that will assist others in times of disasters whether it is locating someone lost or during hurricanes. This is a 4-5 hour course the first four Saturdays of June. Prepared 5/27/09dw Page 2 of 6 Shell Solomon spoke on conditional zoning. He recommended it be rewritten and/or stopped being considered in residential neighbor hoods. Mayor Buelterman stated Alvin Davis had his issue addressed by the Infrastructure committee. Henry Levy spoke on the public restrooms. He said there are none between North and South End. He requested more restrooms along the beach. He also congratulated the Mayor, city council, city manager and particularly Chief Jimmy Price on the handling of the crowd at the recent weekend. He complimented Chief Price and his management of the police force. He believes this is one of the reasons our crime is so much lower than in town. He thanked the council for hiring Jimmy Price and expressed his appreciation in having him protecting the citizens of Tybee. Ethics Commission Request: Daniel Hill, Chairman of the Ethics Commission read a letter of recommendations from the ethics commission into the minutes (attached and retained as part of official minutes) Mayor pro tem asked if we had an alternate that could move into Ms. Rumsey’s position and Mr. Hill responded we do not. We still have openings for two alternates and if Ms. Rumsey is removed, the committee would also have a vacancy for a regular member. Consideration of the Approval of the Consent Agenda: A Motion by Councilman Wolff to approve the Consent Agenda was seconded by Councilman Brown. The vote was unanimous. Mayor Buelterman reviewed the three requests from the ethics commission letter. The first issue he requested council to review at a later date. The second issue addressing the legal representation he asked Mr. Hughes to look into and bring back suggestions to council. The third request was the removal of the non participating member. A Motion by Councilman Wolff to remove Donna Rumsey from the Ethics Commission and re- advertise the position was seconded by Councilman Brown. The vote was unanimous. The mayor then opened the public hearings. Public Hearings:  Major Subdivision of Land(Sec 5-130)and Zoning Variance(Sec 5-090)from Sec 10- 080(E), Street Design and Construction Specifications. Mark Boswell for Frank McNeal. Address: 708 Butler Ave. PIN 4-0005-20-006 Zone R-2 Diane Otto presented the request and informed council it was previously heard by them in its’ conceptual in December, 2008 and was approved. They are returning for their final approval. The subdivision includes eight single family lots, one has the existing cottage on it. It also includes two duplex lots. There are several conservation easement areas on the property. The Mayor asked about the previous parking issues discussed. Mr. Hughes stated this is a preliminary plat approval and those issues will be Prepared 5/27/09dw Page 3 of 6 marked on the final after the property owners’ association meeting. This preliminary approval would just allow work to begin. Mark Boswell, engineer on the project, commented neighbors previously opposing seemed to have now been satisfied. Katy Smith, board member of the Savannah Tree Foundation, spoke on approval and commended the tree easement drawings of the plat plan submitted and the developers’ efforts in preserving and protecting the trees. Councilman Brown asked Mr. Boswell how wide the roadway was. He answered twenty feet. The fire chief reviewed this and approved it. Councilman Wolff confirmed the setbacks are to be measured from the center of the road. Mayor asked for clarification of what the variance was for. Mr. Boswell replied it is to change the 60 foot right-a-way requirement to allow for a 50 foot private easement as this is a private maintained road. Ms. Otto also commented this is an easement. Ms. Otto said the second variance is for the T-Configuration at the end of the road instead of the cul-d-sac. Councilman Wolff said the fire chief also looked at this and is ok with it. Mr. Boswell also confirmed the setbacks along the private road would still be 30 feet from the center line in each direction. Councilman Wolff asked if the road would be permeable. Mr. Boswell confirmed the entire road would be permeable. The plan also includes detention for up thru the100year storm, and they are still at 25 which is what Tybee requires. Ms. Otto stated planning commission did recommend approval unanimously for both variances and the subdivision. City Manager pointed out the fire chief had two more comments, the naming of the street and placement of the fire hydrants. Mr. Boswell addressed this and stated the street name had been changed in the last plans and they also put a fire hydrant half way up the road. The Mayor closed the public hearing. Mr. Hughes stated request could be handled with one motion but he wanted everyone to understand there is still a lot of work that has to be done before it is at the stage of a recordable plat. A Motion to approve the subdivision and variances as recommended by Planning Commission was made by Mayor pro tem Doyle and seconded by Councilman Brewer. The vote was unanimous.  Text Amendment (Sec 5-110) to amend Agreement Regarding Conditions. Erin Sheldon for The Shades on South Beach. Address: 13 Fourteenth St. PIN 4-0007-06-001 Zone C-1 Conditional. Ms. Otto stated an amendment to the agreement regarding conditions for this business has been requested. The original Text Amendment with conditions was approved by council in May, 2008. A number of items have been raised in the synopsis that is included from the petitioner. As planning commission was instructed there are several proposes or options available. To approve as submitted, to pick and choose or to deny all. The planning commission voted 5 – 0 to deny any changes to the current conditions or agreement. Mrs. Sheldon, petitioner addressed council and said they have modified request since getting comments and feedback from planning commission and is asking council to address only one of the conditions. That is condition #4 dealing with capacity. They would also be willing to negotiate on the number of 100 if council feels it should be different. Councilman Brewer responded to Ms. Sheldon that when agreement was previously approved the conditions were laid out very clearly and it was the business owners’ responsibility to follow them. Mrs. Sheldon stated she understood that but was also under the assumption she could request additional capacity approval from the Chatham County fire marshal and city planning department and had done so After meeting with the fire marshal and Brannyn Allen, she had received approval only to be told at a later date it had not been approved. So there have definitely been some misunderstandings or miscommunications. Prepared 5/27/09dw Page 4 of 6 Councilman Wolff commented the council had worked hard to come up with the conditions that would assist her but had received feedback from several neighbors and there seemed to be too many people and this was causing her not to be able to control activities to stay within the boundaries of the zoning. Councilman Brown agreed that the rules were set and the business seemed to not be able to follow them and keep things under control. Ms. Sheldon responded she had worked with Ms. Allen, zoning, police, and her neighbors to do this. Councilman Brewer asked the city attorney if council could revoke the original agreement or text amendment tonight. Mr. Hughes responded not tonight. It could be revoked but would have to go through the normal public hearing and zoning process. Councilman Brewer asked Mr. Hughes about other options due to nuisances reports on the business. Could the business license be affected? Mr. Hughes responded there are ways in the land development code that could cover this but it is a process of complaints and proof and violations, etc. But again nothing could be done tonight. Only vote on, defer, or send back to planning commission. It would be a second issue to pursue any further prosecution of violations proven or monitoring, etc. Councilman Brewer commented on lack of compliance from the business. Mrs. Sheldon commented on her understanding of the land development code and reiterated the business had not received one violation and restated her only request was to up the capacity. Councilman Brewer asked if she was willing to remove the amplified music and keep her capacity at 50. She answered she was not willing to remove the amplified music but would continue to work with the 50 capacity if council was not willing to change it. Henry Levy spoke stating he feels the business should receive some consideration and relief because the zoning has been inconsistent on Tybee. Shell Solomon spoke and reiterated his request for council not to approve the increase of any use of the conditional zoning of this business. Kathleen Flynn commented the complaints or disapproval has only come from one of the neighbors. There are other neighbors all around that has given them their support and approval. She restated the 100 is a reasonable request and please consider it. Councilman Brown said there had been feedback or complaints from several people around the business not just one. Mayor Buelterman read a letter from Frances Woodward in support of the expansion of the business or increase of capacity. Mayor pro tem Doyle recused at City Attorney’s recommendation due to the nature of her family business. A Motion to deny all requests was made by Councilman Brewer and seconded by Councilman Brown. The vote was unanimous with Mayor pro tem Doyle recused. Discussion was held on eliminating the option for staff to approve or disapprove special event request for capacity of 50-100 which is allowed under the current agreement. Mr. Hughes stated this could not be removed without proper process.  Text Amendment (Sec 5-110) to Sec 4-050(D) Residential Tourist District to permit special event structures in Zone RT. Pat Valle Ms. Otto stated this is a Text Amendment. Currently Sec 4-505E and F allowed after special review and site plan approval, special event facilities. The request would allow the same in RT zones. This request is not specific to petitioner but for all 7 pockets of RT Zones. If approved the petitioner would have to return under site plan approval and special review and request the privilege. Planning commission recommended denial with a 5-0 vote. Prepared 5/27/09dw Page 5 of 6 Councilman Wolff commented against the change stating the RT zone was designed to act as a buffer zone. If it is serving that purpose we should keep it that way and not allow for any expansion in it. A Motion to deny was made by Councilman Brown and seconded by Mayor pro tem Doyle. The vote was unanimous.  Zoning Variance (Sec 5-090) from Sec 3-090(B) Schedule of Development Regulations. City of Tybee Island height variance for 50- foot flagpole. Address: 2 Old Hwy 80 PIN 4-0024-01-007 Zone M-D Councilman Smith asked Mr. Hughes if members of the MRS should recues themselves and he answered not unless they were officers or trustees. Ms. Otto stated this is a petition from the City of Tybee on behalf of the Marine Rescue Squadron for height variance from 35 feet to 50 feet to place a 50 foot flagpole at the base of steps of the building. This is a maritime district zone. Vote by planning commission was 5-0 for approval. Henry Levy spoke to add a restriction if it is lit let it be lit from the top not the bottom. Ronald Jones spoke in agreement with light restriction. A Motion to approve was made by Mayor pro tem Doyle and seconded by Councilman Wolff. The vote was unanimous. Consideration of Ordinances, Resolutions:  2nd Reading of Text Amendment (Section 5-110) Ordinance 09-2009 South End Business Overlay District to amend Ordinance 3-2008, South End Business Overlay to omit the words “sidewalk vending machines are not permissible”. Discussion was held if this is in conflict with selling merchandise on the sidewalk and Mr. Hughes responded no. A Motion to approve was made by Councilman Smith and seconded by Councilman Wolff. The vote was Smith, Wolff, Brewer and Brown in favor and Doyle opposed.  1sand 2nd Reading of Ordinance Granting Franchise to Georgia Power Company Mayor Buelterman confirmed this was discussed in workshop with an introduction and under the recommendation and template of the Georgia Municipal Association. Both readings are being done due to project timing and cost savings to project on 14th Street. A Motion to approve 1st Reading was made by Councilman Wolff and seconded by Councilman Brown. The vote was unanimous. A Motion to approve 2nd Reading was made by Councilman Wolff and seconded by Councilman Brown. The vote was unanimous. Council, Officials and City Attorney Comments:  Request for extension of setback variance previously approved by council on 06/08/2006 Steve and Judy Sims 12 Teresa Lane PIN 4-0022-01-031 Zone R-2 Prepared 5/27/09dw Page 6 of 6 Councilman Brown recused himself at City Attorney’s recommendation due to his previous submission of construction bids on the property. Councilman Wolff commented he disagrees with allowing any construction within the 25’ buffer zone or that would negatively impact the water we share. A Motion to approve was made by Mayor pro tem Doyle and seconded by Councilman Smith. The vote was Doyle, Smith and Brewer in favor and Wolff opposed. Executive Session: A Motion by Councilman Wolff to go into Executive Session to discuss Litigation was seconded by Councilman Smith. The vote was unanimous. A Motion by Councilman Wolff to end Executive Session was seconded by Councilman Smith. The vote was unanimous. A Motion to pay the Judgment on the Enviro Assets Suit and take the money from the contingency was made by Mayor pro tem Doyle and seconded by Councilman Brewer. The vote was unanimous. Adjournment: A Motion to adjourn was made by Councilman Wolff and seconded by Councilman Brown. The vote was unanimous.