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HomeMy Public PortalAbout050_010_Draft Minutes 20110811 Draft Minutes20110811/jrl City Council Meeting 20110811 Mayor Jason Buelterman called the consent agenda to order at 6:30PM. Those in attendance were Paul Wolff, Kathryn Williams, Frank Schuman, Mayor pro tem Shirley Sessions, Wanda Doyle and Bill Garbett. Also in attendance were Bubba Hughes, City Attorney, Dianne Otto, Acting Zoning Director and Jan LeViner, Acting Clerk of Council. Diane Schleicher, City Manager was absent due to a family emergency. Mayor Buelterman administered the oath of office to Meg Heap, Judge pro tem for Tybee Island Municipal Court. Mayor Buelterman listed the following items on the consent agenda: July 28, 2011 City Council Meeting Minutes Taste of Tybee, Savannah Area Chamber of Commerce, Walter W. Parker Pier and Pavilion, September 29, 2011 for beer and wine only. Memorial Park Rendering, $100.00, Line Item 100-1110-52-1200. Ms. Williams stated that monies are in council’s budget and she would like to allocate $100.00 for the renderings for the Memorial Park Master Plan Committee. HGBD Engineering Proposal – Ultraviolet Systems Cullen Chambers, Friends of Tybee Post Theater. Mr. Chambers is requesting the city’s sponsorship with the Tourism Product Development Grant through the Georgia Department of Economic Development, Tourism Division, and Georgia Council for the Arts. The Tourism Product Development Grant requires no city match. Mr. Chambers has a draft Memorandum of Understanding (MOU) for Mr. Hughes to review which mirrors previous years. Approval pending Mr. Hughes review and approval of the MOU. Paul Wolff made a motion to adjourn to Executive Session. Wanda Doyle seconded. Vote was unanimous. Kathryn Williams made a motion to return to regular session. Paul Wolff seconded. Vote was unanimous. Mayor Buelterman called the regular meeting to order at 7:00PM. Opening Ceremonies Call to Order Invocation: Hank Perry, Trinity Chapel United Methodist Church Pledge of Allegiance The following department heads gave their quarterly reports: 1 Finance Department, Mary Hogan 2 Water Water and Sewer Department, George Reese Draft Minutes20110811/jrl 3 Tybee Island Fire Department, Chief Sasser 4 DPW, Joe Wilson 5 Community Development, Dianne Otto 6 Better Hometown, Chantel Morton 7 YMCA, Gina Casagrande Consideration of Bids, Contracts, Agreements and Expenditures River’s End Campground Agreement, Comcast of Georgia. Mr. Hughes stated he was in contact with the representative of Comcast and had sent suggested changes of the clauses as the City cannot appropriately enter into a contract of this type. He is awaiting a response and hopes to bring it back to council by next meeting. Paul Wolff made a motion to approve the consent agenda. Kathryn Williams seconded. Vote was unanimous. Public Hearings Text Amendment, Section 4-050(F), Kyle Pratt. Ms. Otto explained that Section 4-050(F) is a list of uses by right after site plan approval in the C-2 district. When approached by Mr. Pratt for a miniature golf course to be in the C-2 district it was determined that none of the uses currently listed would allow a miniature golf course. course. There is a use in the C-1 business district that reads “commercial amusements including amusements parks and other commercial games and sports.” This text amendment requests that that use be added to the C-2 district. The Planning Commission, July 19, 2011, motion was not to add the suggested language but only “miniature golf courses” in the C-2 district. Mr. Wolff suggested that special review should be attached to the amendment. Ms. Doyle asked Ms. Otto to confirm that only miniature golf courses be added to the amendment. Ms. Otto confirmed. Ms. Williams asked Ms. Otto if she had a recommendation on how to ensure the neighbors would be protected and can council impose conditions if needed without the petitioner incurring double the costs for site plan and special review. Mr. Pratt approached council to address any questions they might have. Mr. Garbett asked what the hours of operation were and how was he going to provide lighting so it does not infringe on the neighbors. Mr. Pratt said his intent was to operate as a miniature golf course and operate during daylight hours only. He also said this would be natural grass and no concrete would be poured other than what will hold fence posts and hedge lines. His intent is to be open by September 22, 2011. Ms. Otto stated that due to the permitting process it would not be before council until October 2011. Shirley Sessions made a motion to approve. Wanda Doyle seconded. Vote was unanimous. Shirley Sessions made a motion to move “miniature golf courses” into Section 4-050(F) (2). Wanda Doyle seconded. Vote was unanimous. First Reading Special Review, 1011 and 1013 Bay Street, Arnold Seyden. Ms. Otto stated that this is a special review for the replacement of a private dune crossover. This crossover does share a property Draft Minutes20110811/jrl line with Kirk and Melody Jones. This is an after-the-fact special review and there was a permit on site but not for the dune crossover. They were directed to contact GaDNR to obtain a permit and have received that permission. When Ms. Otto received GaDNR approval it stated that this included replacement of pilings and stringers. The Section 3-100 that we are currently under states special review is required if work being done goes beyond the replacement of stringers and handrails. If Mr. Seyden receives approval, it does not give him permission to resume work. The Stop Work Order will still be in place until a permit has been issued by the City of Tybee Island. Ms. Otto stated that when presented at the Planning Commission, the vote was to approve. Pat Beaman, agent for Camille Silva, has an easement that is shared with 1011 and 1013 Bay Street. They are in the process of obtaining a permit to connect to the current walkway. The permit is now in the review process with GaDNR and all indications are it is in good order and should be approved. At that point, he will be back in front of council asking for a permit for this new construction. Kathryn Williams made a motion to approve. Frank Schuman seconded. Vote was unanimous. Wall-Nutts (Parking) Pat Valle, 103 and 105 Butler Avenue. Mr. Hughes stated that this was not a public hearing but a hearing in public. This is a hearing on the status of the business license for the operation of a private parking lot at this location. The license holder was given notice on why the business license should not be revoked as this license has not been used in accordance with the rules. Officer Warren Milliken stated that he had been called to this property at least thirty (30) times with complaints stemming from an adjacent property owner. There were property maintenance issues and the owner has been very cooperative in responding to those issues. They were cited on June 3, 2011 for too many vehicles in the parking lot. They are currently permitted to have fifty three (53) cars in the lot and that particular day they had seventy three (73). With that exception, they have received no citations. Mr. Hughes stated that the issue before council tonight was to determine whether their permit to operate a private parking lot should be withdrawn. This location was approved prior to the amendment of the current ordinance. Ms. Sessions asked Mr. Hughes to clarify the options before council. She stated that they (1) to listen to the other side of the issue and to make a recommendation to repeal the license (2) to add conditions such as buffering or (3) do nothing. Mr. Hughes confirmed. He further suggested that council allow the license holder to present and go forward. Ms. Doyle asked if one of the requirements be that the license holder presents a new plan delineating parking spaces. Mr. Hughes confirmed. Kathee Radford and Pat Valle, license holders approached council. Ms. Radford explained that her sister, Pat Valle, has been the license holder for six (6) years and has never incurred problems until a neighbor moved in. Their nephew, Ryan Giannoni, has taken over managing the parking lot and has been providing daily maintenance. The license calls for fifty six (56) parking spaces but when their agent applied for the permit he only drew spaces for one property, not both. They feel that on the day in question, one of their neighbors was having a party and in fact parked in their lot due to not knowing where the property line was. Ms. Sessions asked Ms. Radford to explain the fire that occurred on the property. Ms. Radford stated that there was a great deal of leaves and debris under the trees on the property line and evidentially someone dropped a Draft Minutes20110811/jrl cigarette butt which caused a small fire. All leaves have since been removed. Mr. Schuman asked if they had someone on premises during the day. Ms. Radford confirmed that her nephew is there till 5:00PM and at the end of the day picks up all debris so the parking lot is clean. Mr. Burnsed, 109 Butler, stated that he has never had a problem with the owners or parking lot. Officer Milliken stated that the license holders have been most cooperative and have done everything he has asked of them. Ms. Sessions stated that her biggest concern is neighbors who are concerned about what is going on. The city needs to lessen problems between neighbors if possible. Mayor Buelterman asked Mr. Hughes if we could allow the license holder to continue working through the end of the season and at that time go through the process that is currently in place. Mr. Hughes agreed that was an option as additional work is being done on the ordinance currently. Ms. Sessions suggested that a telephone number be posted so if neighbors have issues or complaints they could call the number rather than going through the City. Ms. Valle stated that issues the police were called about had nothing to do with the parking but rather the condition of the parking lot, all of which have all been addressed. Mr. Garbett asked if council required them to bring the parking lot into compliance with the current ordinance, would they have a problem. Ms. Radford stated no as they have drawings to present to council tonight. No action. Consideration of Ordinances, Resolutions Second Reading, 23-2011, Sec 3-100. Paul Wolff made a motion to approve. Shirley Sessions seconded. Vote was unanimous. Discussion: Mayor Buelterman confirmed that this would allow individuals replacing their existing crossovers would not be required to go through the Special Review process and pay the $500.00 fee. Ms. Otto confirmed. Ms. Doyle asked how this was different from the original Section 3-100. Ms. Otto explained that the original Section 3-100 did not speak to city projects or special events. Ms. Williams explained that when Section 3-100 was adopted previously council has limited the petitioner’s ability to make improvements to the decking and handrails. With this change, it exempts petitioners from going through special review if they are just replacing what was there originally. Paul Wolff made a motion to approve Special Review for Mr. Seyden and the $500.00 Special Review Fee be considered payment of the building permit. Frank Schuman seconded. Vote was unanimous. Second Reading, 33-2011, Non-removal of live animals. Kathryn Williams made a motion to approve. Paul Wolff seconded. Vote was unanimous. Ms. Doyle asked who would be enforcing this ordinance. Ms. Williams stated that it will give the lifeguards, beach patrol, the Marine Science Center, staff and citizens a mechanism to protect our marine life. Council, Officials and City Attorney Considerations & Comments Short Term Work Program, Diane Schleicher. Moved to August 25, 2011 meeting. Draft Minutes20110811/jrl Paul Wolff made a motion to adjourn to Executive Session. Wanda Doyle seconded. Vote was unanimous. Paul Wolff made a motion to return to regular session. Frank Schuman seconded. Vote was unanimous. Meeting adjourned.