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HomeMy Public PortalAbout20110526CCMinutes20110526 City Council Minutes Mayor pro tem Shirley Sessions called the consent agenda meeting to order at 6:30PM, May 26, 2011. City Council members present were Wanda Doyle, Bill Garbett, Frank Schuman Sr., Kathryn Williams and Paul Wolff. Also in attendance were City Manager Diane Schleicher, Bubba Hughes, Zoning Manager Ethan Imhoff and Acting Clerk of Council Jan LeViner. Mayor Buelterman was absent due to his daughter’s graduation. Mayor pro tem Sessions listed the following items on the consent agenda: 4/28/2011, 5/5,2011 and 5/10/2011 City Council Minutes Proposed Updated Bicycle Friendly Committee Membership and adding Chantel Morton, Better Hometown Coordinator to the membership and changing the spelling of Marie Rodriquez. Classification and Compensation Proposed Recommendations Police Records Clerk/Communications Coordinator Crew Leader, DPW Proposed 2011 CIP Amendment Challenge 2011 Census Results (providing information) Nationwide Retirement Solutions. Mr. Hughes explained that the City has an existing plan in which approximately 16 employees participate. Nationwide manages this plan and it has been updated and they have requested that we adopt and approve the changes which are all favorable. He does not see a downside to these changes and request that it be set on the consent agenda. Executive Session: Mr. Wolff moved to go into executive session to discuss personnel and litigation. Ms. Williams seconded. The vote was unanimous. Mayor pro tem Shirley Sessions called the regular meeting to order at 7:00PM. Everyone present at the consent agenda was still in attendance. Reverend Hank Perry gave the invocation and everyone recited the Pledge of Allegiance to the flag. Announcements: Marine Rescue Squad will have a Boston Butt sale on Saturday from 9:00AM till everything is gone. Mayor pro tem Sessions introduced Zoning Manager, Ethan Imhoff and welcomed him to Tybee Island. Ms. Williams invited everyone to the 13th Annual Sea Kayak Race to benefit the Tybee Island Marine Science Center on June 4, 2011 at AJ’s Dockside. Registration can be completed on line as well as the Marine Science Center’s web site. Ms. Doyle announced that the Tybee Veteran’s will sponsor a concert featuring the “Big Engine” on Memorial Day on the pier. It will be a free concert and donations will be accepted. Mayor pro tem Sessions commended all those who participated in the Beach Bum Parade, DPW, Police Department, Fire Department and organizers for a job well done. Mayor pro tem Sessions also announced that there will be a special meeting on June 2, 2011 at 7:00PM at City Hall to give the community an update on the progress of the Charter School on Tybee Island. Mayor pro tem Sessions read a thank you note from the teacher from the students from Tennessee who visited Tybee Island. These students donated their money they had earned for their trip to a family affected in the recent flooding. Local businesses provided free lodging, food and activities to these children in recognition of the unselfishness. Ms. Williams reminded everyone of the Budget Hearing, Tuesday, May 31, 2011, 3:30PM at City Hall. Mr. Wolff conveyed a motion from the Beach Task Force to have the City pursue the state of Georgia to issue an immediate injunction to disallow any beach quality sand be removed from our sand sharing system followed by a permanent ban on such sand removal by the Savannah Corp of Engineers. He confirmed that approximately 80% of the beach quality sand is falling into the channel and being pumped 10 miles off shore rather than benefiting Tybee Island. There is a state law which Burke Day championed, House Bill 727, requiring any beach quality sand dredged from the Savannah River be placed on or near Tybee beaches to benefit Tybee Island. The COE is doing an end run around this law and now want to ask the State Attorney General if the COE is in compliance. Mayor Buelterman and Mr. Wolff discussed this matter and decided to have a meeting with the State Attorney General to find an amicable arrangement rather than file an injunction. Mr. Garbett agreed with Mr. Wolff’s explanation. Ms. Doyle asked Mr. Wolff what the Beach Task Force reaction might be. He stated that they were impatient and felt something needed to be done. Ms. Williams also agrees with Mr. Wolff and feels that this needs to be put back on the agenda after the meeting. Cathy Liberatori and Carol Hesson asked for the right to operate a paddle board business on the beach. They are currently operating the business from their home and the interest is overwhelming. With this, they would like to bring it to Tybee. Ms. Liberatori explained they are doing more gratuitous things than “for profit”. They are donating services to several organizations with great success. They first introduced their proposal to council on July 22, 2010 and at that time council agreed that the ordinance had to be reviewed. On November 1, 2010 were told that council had directed a meeting be held in January of 2011. They attended the meeting in February 2011. At that meeting the review of the ordinance of the life guard requirement was discussed. Currently they have been offered a couple of solutions. They They are asking council approve their request to offer paddle board rental on the beach. Mayor pro tem Sessions explained that the council is in the process of doing ordnances review. She asked Mr. Hughes to give guidance on what options the council has to help them meet their goals without any inappropriate action. Mr. Hughes stated that this issue came up along with issues arising under the state law that dealt with the leasing of municipal property. Mr. Hughes explained that the beach rental business have specific locations as described under the current ordinance. The current ordinance states if you do rent water based equipment; a lifeguard must be supplied. Mr. Hughes feels the council needs to have a new location proposed or some sort of partnership reached with an existing location. Mayor pro tem Sessions established with Mr. Hughes that there are two issues at hand, (1) current issue at hand regarding Ms. Liberatori and Ms. Hesson and (2) amending the current ordinance to have a bidding process on current rental locations or locations that are not being used. Further stating that Ms. Liberatori and Ms. Hesson can identify a new locations, present to the city a plan for a location that is not being used to include a lifeguard or partner with an existing location that has a license and “piggy back” with them still providing a lifeguard. Ms. Doyle asked Mr. Hughes regarding the current ordinance, wasn’t it written so it beach rentals would not interfere with residential areas? Mr. Hughes acknowledged that yes it was. Ms. Williams has concerns regarding the need for a lifeguard if their location is not near a tower. She then asked Mr. Hughes if Ms. Liberatori and Ms. Hesson had a store front would there still need to be a requirement for a lifeguard in conjunction with their business. He replied no. Mr. Wolff asked they bring in a proposal and options for council review. He asked if they had identified a location for their business and they said they would like to have 17th Street. This location currently is leased by Ms. Chandler. Mr. Schuman asked what if any locations are currently available. Ms. Schleicher confirmed that all available locations are currently leased. Mr. Wolff is agreeable to amending the ordinance in addressing the lifeguard issue and is open to continuing the discussion. Mr. Garbett would like Mr. Hughes to remove the language from the ordinance “at specific locations, 14th – 19th” and would like the life guards involved as we value their input. Ms. Doyle reminded everyone that when the ordinance was first written, concern being, residential neighborhoods. Mayor pro tem Sessions asked Ms. Liberatori and Ms. Hesson to look at a current business for the possibility of a partnership. Ms. Williams is not comfortable with a petitioner negotiating with a license holder over city property. She feels a storefront is the best alternative. Ms. Doyle asked Ms. Schleicher to put this on the action item list. Everyone agreed that Ocean Rescue needs to be contacted for comments/language. Mayor pro tem Sessions feels that a storefront would be ideal or partner with an existing business. Mr. Garbett reminded everyone that the beach is city property and the city will reserve the right to control activities on the beach. The City also has the right to determine how the beach is used. Mr. Hughes will have language for council to review at the July 14, 2011 meeting. He asked that if anyone had suggestions and/or language, they should email to him. Historic Butler Avenue Pedestrian Safety Project – Engineering Proposal, $19,800, Budget Line Item 340-33-1001 and 320-33-7120. Ms. Schleicher explained that this is part of the TEA Project for Historic Butler Avenue and engineering agreement for support services, bidding phase and construction phase with HGB. The Infrastructure Committee reviewed and approved same. Mr. Wolff moved to approved. Mr. Garbett seconded. Voting in favor was Paul Wolff, Kathryn Williams, and Bill Garbett. Voting against was Wanda Doyle and Frank Shuman. Mr. Wolff moved to approve the Consent Agenda. Ms. Williams seconded. The vote was unanimous. Public Hearings –Zoning Packet Separate Private Parking Lot at 1701 Butler Avenue: Karen Kelley provided a drawing to the Zoning Department for approval. They have a double lot, approximately 60’x80’ where they want to put 14 parking spaces for rent. This would help alleviate the congestion on the south end. Mr. Wolff made a motion to approve. Ms. Williams seconded. Vote was unanimous. Consideration of Ordinances, Resolutions Article 3 – General Provisions: First Reading – Section 3-110. Ms. Williams wanted clarification as to why recreational vehicles are included in single family residential standards. Mr. Hughes responded that they are not allowed for residential use without a temporary permit in a residential district. Mr. Wolff moved to approve as amended. Ms. Doyle seconded. Vote was unanimous. Article 3 – General Provisions: First Reading Section 3-160. Mr. Hughes stated that this ordinance is a challenge. The current ordinance refers to where a commercially zoned district abuts a residentially zoned district. Having gone through the ordinance several times, he tried to come up with something that would address the situation equitability whether it is the commercial property being improved or the residential property that abuts the commercial property being improved so whichever is new or being expanded by 50% will require the buffer plan. He further explained, it is a basic requirement and gives the City the option of special review in the event the City cannot or doesn’t feel the basic requirement is appropriate. This works for both commercial and residential. Mr. Imhoff asked for a clarification regarding dumpsters not being approved in a buffer. Would that include mechanical units such as air condition units? Many times these units are placed in the buffer. Ms. Sessions asked Mr. Hughes if there are instances where other mechanical units such as elevator shafts have been placed in the buffer. He replied no. Mr. Wolff agreed that mechanical units not be allowed in the buffer. Ms. Williams has concerns regarding the 50% buffer requirement. She also suggested the language change in the first paragraph to include “new construction or expansion of existing improvements or change of use”. Mr. Garbett suggested that “arboreal landscaped greenbelt not less than 5 feet in width” be included in the changes. He further requested that the word “lawn” from paragraph 1 (b) be removed as lawns do not grow under an arboreal greenbelt. Bill Garbett made a motion to approve as amended. Paul Wolff seconded. Voting in favor was Paul Wolff, Kathryn Williams, Frank Schuman, and Bill Garbett. Voting against was Ms. Doyle. Discussion: Mr. Hughes stated that with the changes discussed it is very different from original public hearing and rather than go through the second reading he and Mr. Imhoff create the language that was just passed. It should still be kept on the agenda for discussion purpose the first meeting in June and advertise for a public hearing the first meeting in July. He would prefer not to have a second reading. Everyone was in agreement. Article 3 – General Provisions: First Reading Section 3-165. Mr. Garbett would like the word “natural” removed from the sentence included “65% of the required set back areas for a parcel remain in a natural vegetative state”. Mr. Wolff moved to approve as amended. Mr. Garbett seconded. Voting in favor was Paul Wolff, Kathryn Williams, Frank Schuman and Bill Garbett. Voting against was Wanda Doyle. Article 3 – General Provisions: First Reading, Section 3-170. Ms. Doyle moved to approve as amended. Mr. Wolff seconded. Vote was unanimous. Discussion: Mr. Garbett asked Mr. Hughes for clarification regarding signage on vehicles. Mr. Hughes explained that this was to avoid advertising signs, i.e., vehicles being used as an advertising signs. Ms. Schleicher said there violations currently. Mr. Garbett asked the word vehicle include trailer. Ms. Williams asked that it be added for clarification. Mr. Wolff defined that the language should be “no more than two (2) vehicles and/or trailers”. Ms. Schleicher asked Council to consider signage be changed to “more than just the area of the front door of the vehicle” giving Code Enforcement latitude. Mr. Hughes suggested the last sentence Section B (2), “signage on this vehicle is limited to the area of the driver and passenger front doors of said vehicle” should be removed. Article 3 – General Provisions: First Reading Section 3-230. Mr. Wolff moved to approve. Ms. Williams seconded. Vote was unanimous. Ms. Williams tasked Mr. Imoff to generate a new lighting ordinance to include wattage issue and directional position of the lighting among other things. These two issues have been of great concern to residents. Article 3 – General Provisions: First Reading Section 3-240. Mr. Wolff moved to approve. Mr. Schuman seconded. Vote was unanimous. Council agreed to table the Classification and Compensation proposed recommendation for the Human Resources Manager until overtime records could be reviewed. Mayor pro tem Sessions addressed the parking near private residences. Mr. Garbett asked everyone to be mindful that if you are parked on the City right of way (ROW) you will need to pay to park. Ms. Schleicher stated that on the next water bill would be a statement in essence, to remind residents that visitors must be parked at least nine (9) feet from the ROW to preclude a parking ticket. If an individual is parked in the first nine (9) feet from the edge of the road you must have a valid city decal or pay and display visible. Ms. Williams asked if there was anything in the policy that addresses properties that do not have a pay and display within a certain distance of the potential parking spot. Ms. Doyle explained that the parking staff wanted clarification prior to enforcing ticketing within the ROW. Ms. Schleicher responded to Ms. Williams that she would recommend visitors park in the driveway and residents with valid decals park in the ROW. Mr. Wolff moved to go into executive session to discuss personnel, litigation and real estate acquisition, Mr. Schuman seconded. The vote was unanimous. Mr. Wolff made a motion to adjourn. Mr. Garbett seconded. Vote was unanimous.    THE VISION OF THE CITY OF TYBEE ISLAND        “is to make Tybee Island the premier beach community in which to live, work, and play.”       THE MISSION OF THE CITY OF TYBEE ISLAND        “is to provide a safe, secure and sustainable environment by delivering superior services through responsible planning, preservation of our natural and historic resources, and partnership with our community to ensure economic opportunity, a vibrant quality of life, and a thriving future.”