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HomeMy Public PortalAbout060_010_20150115CityCouncilMinutes City Council Minutes 20150115 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30PM on January 15, 2015. Those present were Paul Wolff, Monty Parks, Rob Callahan, Wanda Doyle, Barry Brown and Bill Garbett. Also attending were Diane Schleicher, City Manager; Bubba Hughes, City Attorney; Tommy Branch, Callaway, Braun, Riddle and Hughes, PC; Courtney Reich, Ecological Planning Group, and Janet LeViner, Clerk of Council. Mayor Buelterman asked Janet LeViner, Clerk, to distribute ballots for the Planning Commission and Ethics Commission. Mayor Buelterman listed the following items on the consent agenda: • City Council Meeting, December 11, 2014 • Special City Council Meeting, December 16, 2014 • Special Event Consideration: Tybee Island Mardi Gras (February 14: 12:00PM — 11:15PM) Tybrisa/Strand Roundabout/Parade route @ 2:00PM from 4th to Strand; SEABAR (South End Association of Bars and Restaurants) • Alcohol License Request — Special Event — Beer, Wine; Tybee Island Mardi Gras, February 14, 2015, SEABAR. • Flyer insert to address one time catchup utility bill in February. The City of Tybee Island needs to bring utility billing up to date. This is a much needed step in order for the City of Tybee Island to address a financial management recommendation by our auditors. The February bill will be for utility December and January utility services. This necessary change is being made in February as bills are, typically, near the lowest Island wide. Discussion: Mr. Wolff stated that he feels this is fair as residents will have six months to bring their accounts current. Further, this is a request from the auditors. • BRW Contract for Water and sewer Improvements: Change Order #1 — Complete the replacement of #7 Force Main - $275,088.75 — Original Contract Amount: $1,198,221.50 — Amended Contract Amount: $1,473,310.25. Funding for project is from the balance of a GEFA loan. Account Number: 505-4310-54-1402 (Sewer Main #7 Replacement). • Request Out-of-State Travel for Rosie Laney to attend the 2015 National RV Park and Campground Management School, Wheeling, WV • Consideration of Agreement: 2015 Info Hut Agreement: Partnership between Development Authority/Main Street and Visit Tybee • Request the City Council's approval to award a proposal of $171,209 to HME, Inc. to acquire a Fire Mini-Pumper truck. Discussion: Chief Sasser approached mayor and council to explain the five year plan which replaces the squad with new equipment. He explained the bid process where only one was received which was lower than anticipated. Chief Sasser stated that this is for a demo pumper as they are less expensive and still have all the warranties as a new truck. There was a discussion regarding the pumping rate and performance of the pumper. Mayor Buelterman asked Ms. Hudson if the City has received SPLOST monies from the County. Ms. Hudson responded that the City has collected one of the checks but another should be forthcoming. She will pay for the pumper with general fund money and reimburse the general fund when SPLOST funding is received. • Approval to amend the FY2015 SPLOST 2008 Capital Project Funds Budget and approval to pay unanticipated PSB A/V cost of $46,650 from SPLOST 2008 capital project funds as previously planned. • Intergovernmental Agreement for the Distribution of Special Purpose Local Option Sales Tax Proceeds by the County to the City of Tybee Island for the purpose of North Beach Restroom and Parking Improvements. • Proclamation, Bureau of Ocean Energy Management, Opposing Seismic Airgun Testing. Discussion: Mr. Wolff explained the proclamation and asked mayor and council for their support. Mayor Buelterman asked the Clerk to collect the ballots for tabulation. Mayor Buelterman called the regular meeting to order at 7:00PM. All those present for the consent agenda were present. Opening Ceremonies • Call to Order • Presentation of Colors, American Legion Post 154 • Pledge of Allegiance • Invocation: Jan LeViner • Recognition of Citizens for 2014 — Let us remember those still traveling with us in our hearts. Jan LeViner, Clerk/Director of the Tybee Island Youth Council, approached mayor and council for the Swearing in Ceremony. Ms. LeViner gave a brief synopsis of the forming of the Tybee Island Youth Council and thanked everyone for their support. For following members were asked to approach the podium to be sworn in. • JaNiya Bowers • Kurt Clark • Azure Duree • Drake Hughes • Kylie Kline • Ava McNally • David Rimes • MiKaree Stafford • Joey Webster Mayor Buelterman administered the oath to the Tybee Island Youth Council candidates and congratulated them. Alderman Van Johnson approached mayor and council to also thank the Tybee Island Youth Council members for their desire to learn about their local government and to make a difference. He stated the importance of the Youth Council as this is an investment in the lives of young people. Alderman Johnson then introduced members of the Chatham County Youth Commission who in turned presented a gift to the Tybee Island Youth Council members. Mayor Buelterman asked Jan LeViner, Clerk to read the results of the ballots for the Tybee Island Planning Commission Appointments and Tybee Island Ethics Commission Appointments. The results are as follows (attached): Tybee Island Planning Commission • David McNaughton • Tyler Marion • Marianne Bramble Tybee Island Ethics Commission Appointments • Frances Kaye Strickland • Michael Pappas • Danny Hill • Katherine Garlington Kathryn Propst, CRC, approached mayor and council to give a report on the Memorial Park Energy Project (attached). Ms. Propst explained that this project was due to a GEFA grant to improve energy efficiency in local government facilities. Her presentation indicated the energy savings since the retrofit which has resulted in a $33,000 savings. Mr. Wolff thanked Ms. Propst and the members of the CRC for all their work. Mayor pro tern Doyle also thanked Ms. Propst and recommended that the City hire a professional consultant to see what is needed for the solarized project. There was a discussion regarding the installation of the geothermal in Memorial Park and the malfunction of the pump. Ms. Schleicher stated that DPW is now monitoring the system for maintenance issues. Mayor pro tem Doyle again thanked Ms. Propst for all her efforts. Mayor Buelterman asked Ms. Schleicher to look into a consultant coming to the City to ensure energy efficiency with current projects. Mayor Buelterman expressed his gratitude for the CRC's efforts as well as hers. Sue Bentley and Sarah Jones approached mayor and council to give a Historic Preservation Commission (HPC) Update. Ms. Jones explained the role of the Historic Preservation Commission in regards to determining the historical significance of a building at the time of application for a building permit (attached). She explained that the average turn- around time for the HPC to review a work permit request is 24 — 48 hours. Ms. Jones further explained that the HPC does not have the authority to require the homeowner to alter any plans for their project. Their goal is assist property owners with the historic buildings by making them aware that the Federal and State Governments will pay a property owner a tax incentive to properly restore their historic building. Mayor pro tem Doyle recommended that the guidelines be revisited. Ms. Jones confirmed and will be forthcoming. Community meetings are scheduled to address the guidelines and questions/issues. Mayor Buelterman thanked Ms. Jones and Ms. Bentley for their dedication to the HPC. Gerald Schantz approached mayor and council to discuss the Charity Bar-b-que on January 21, 2015. He explained that this will benefit the local police officers to show our support for all they do. The bar-b-que will be held at the Tybee Market, IGA, Butler Avenue from 4:00 — 6:00PM. Samantha Seagul, Campaign Organizer with OCEANA, approached mayor and council to discuss seismic airgun blasting. She thanked everyone for their support with the Resolution that was approved during the Consent Agenda. Special Event Consideration: Tybee Island Irish Heritage Celebration Parade (March 14 @ 3:00PM): 4th Street— Butler—Tybrisa — Strand Avenue (same as 2014); Tybee Irish Heritage Committee. _ Wanda Doyle recused. Barry Brown made a motion to approve. Rob Callahan seconded. Vote was unanimous, 5-0. Paul Wolff made a motion to approve the consent agenda. Rob Callahan seconded. Vote was unanimous, 6-0. Public Hearings Site Plan Approval — 1013 Highway 80, Zone C-2; PIN 4-0026-07-005A; Keith Gay and Jerry Cox petitioner; consideration for conversion to mixed use building. Courtney Reich approached mayor and council explaining the agenda item. She stated that this is an existing single family dwelling to a mixed use building. The findings of staff are that this is in keeping with the existing district as outlined in the LDC as well as the characters. Ms. Reich further stated that prior to the issuance of Certificate of Occupancy the owner will be required to recombine Lots 14 and 15 and a portion of 16. Ms. Reich explained that the off- street parking requirement does meet the Code. The Planning Commission heard this request and their vote was to unanimously approve. Mr. Wolff asked if Mr. Davis' concerns have been addressed and resolved regarding the drainage and parking. Keith Gay approached mayor and council to answer any questions. He reminded mayor and council that two years ago they initiated and authorized a study regarding commercial space and the Corridor. At that time it was recommended that the Corridor be expanded to commercial use and this property is one of the last small business opportunities on the Island. He discussed the parking requirements at this property as well as the available space to meet those requirements. In order to meet those requirements he would have to take down established trees. Mr. Gay would ask mayor and council to address the meaningful requirements of parking along the Corridor. He explained that he is not asking for a variance for the property and all concerns have been addressed. He would ask that mayor and council approve this request and not require the building of a fence on the east side of the property. Mr. Brown confirmed there is a fence on the rear of the property. Mr. Parks asked Mr. Gay if he was asking for a variance not to build a fence. Mr. Gay responded no. A short discussion ensued regarding the fence, buffering requirements and parking requirements. Mr. Garbett suggested that Mr. Gay proceed as it is and mayor and council revisit the ordinance. He stated that where commercial uses abut residential uses, the residents deserve some sort of protection. Mr. Wolff stated that he supports the mixed use but feels a fence needs to be in place. Mr. Gay disagrees as there is 10' of bamboo on the property which serves as a buffer and would asked mayor and council to approve this request and not require putting up a fence. Wanda Doyle made a motion to approve with the stipulation that there will be no fence required. Barry Brown seconded. Discussion: Mr. Parks stated that if this item comes to mayor and council as a special review, it is special review and if the request is not to have a fence, then it comes to mayor and council as such. Mayor pro tem Doyle amended her motion. She made a motion to approve with the stipulation that there will be no fence required on the east side of the property. Barry Brown accepted the amended motion. Vote was unanimous, 6-0. Site Plan Approval — 1513 Butler Avenue, Zone C-2/SE; PIN 4-0008-07-004 & 4- 0008-07-001; Ginger and Calvin Ratterree (Nickie's 1971 Bar and Grill) petitioner; consideration of outdoor seating at commercial building. Courtney Reich approached mayor and council to explain the request for site plan approval. She explained that permits were not issued for the property and both lots are zoned C-1/SE. Ms. Reich continued by explaining noise complaints for the property as the TIPD were notified on several occasions. If this is approved, an engineered drainage plan will be required as well as a lot recombination of the two lots. Planning Commission heard this request and unanimously denied the request. Mayor pro tern Doyle questioned the requirement for an engineered drainage plan as this is a very small area and pavers are already in place. Mayor Buelterman stated that the owner installed pavers along with picnic tables and chairs on a 385 sq. ft. patio. Calvin Ratterree approached mayor and council to answer any questions they might have. Mr. Ratterree explained the history of Nickie's and the vacant lot behind the bar. He explained that he used the extra lot for horseshoes and such and the back area would be closed after the band starts. Mr. Brown asked how long has the patio been in place. Mr. Ratterree responded approximately 2 months. A discussion ensued regarding complaints as Mr. Ratterree stated he has never had a complaint regarding the patio area. Mr. Parks commented that he does not understand why Mr. Ratterree did not apply for permits prior to doing the work on the patio. Mr. Ratterree apologized for not getting permits prior to construction. Mayor pro tern Doyle explained the construction of the stepping stones at the bottom of the stairs. Ms. Reich stated that there are two issues to be addressed if this site plan approval is granted and that is storm water issues and adding vegetation for a buffer. Mr. Brown asked if Mr. Ratterree had been fined. He responded no. Ms. Reich stated that additional fees would be assessed at time of permit application due to after-the-fact. Libby Manard approached mayor and council to speak against this item (attached) as there has been previous noise complaints against this property. She would ask that mayor and council deny this site plan approval. Mr. Wolff asked Ms. Manard if mayor and council approve this request with the stipulations that the outside area be closed at dark and the door remains closed during night time hours of operations and enforced, would she be content with this. Ms. Manard responded that this has not been enforced to date and does not feel it will be in the future. She explained that she logged approximately 84 calls for nuisance to the TIPD during the month. Mr. Wolff asked Ms. Schleicher if the TIPD could monitor to ensure doors that are open, be shut, with regards to live music. Ms. Schleicher stated that the City Marshal has served Mr. Ratterree with a warning letter and the next step would be a hearing and possible loss of license. Mayor pro tem Doyle stated that if mayor and council place restrictions or a compromise, Mr. Ratterree is aware that he will need to comply with the restrictions that might be placed prior to approval. Wanda Doyle made a motion to approve. Barry Brown seconded. Discussion: Mayor Buelterman asked for clarification and if there are contingencies with the motion. Wanda Doyle amended the motion to approve with the stipulation that the patio area will close at sundown and the back door will be kept closed after dark. Barry Brown seconded the amended motion. Voting in favor were Paul Wolff, Wanda Doyle, Barry Brown and Bill Garbett. Voting against were Monty Parks and Rob Callahan. Motion approved 4-2. Site Plan Approval — 211 Butler, Zone C-1; PIN 4-004-08-004; 211 Butler, LLC, petitioner; consideration on commercial amusement. Courtney Reich approached mayor and council explaining that this site has commercial retail on the ground level and second story, residential duplex. The applicant is requesting to add a commercial amusement to the property and the proposed water slide will be located in the north-end of the existing parking lot. She stated that the property abuts R-2 on three sides to the northwest and south. Ms. Reich explained that the character boundary line bisects the property, north to south, and the character areas are Arts/Eats/Eco Business Corridor to the east and Inland Cottage Neighborhood to the west. Planning Commission heard this request and their vote was to unanimously deny. Mayor pro tem Doyle questioned the buffer requirements as in the packet it stated three sides but has been marked to indicate two sides. Ms. Reich clarified that it would be two sides as changed by the Planning Commission. There was a discussion regarding the placement of a bathroom and parking requirement. Brent Palmer approached mayor and council to address questions or concerns. Mayor pro tem Doyle asked if there are wind requirements associated with the slide. Mayor Buelterman clarified that if the slide can be deflated in a certain time frame, those requirements would not apply. Mr. Parks expressed his concerns regarding a waiting area for people wanting to use the slide. Mr. Garbett asked Mr. Palmer to explain where the ADA bathroom would be located. Mr. Palmer showed the proposed area on the proposed site plan as well as a waiting area. Mayor pro tem Doyle asked for the correct height of the slide. Mr. Palmer stated it was 34.9'. Mayor Buelterman asked Mr. Palmer if this request was to be denied and the City put out a bid for the amusement at another location, would he bid. Mr. Palmer confirmed. Mayor Buelterman confirmed that the bid would be contingent upon receiving site plan approval at another location. Mr. Hughes confirmed. Mr. Parks asked Mr. Hughes if constraints could be placed on the amusement such as yearly review. Mr. Hughes responded that it could be done seasonally but would not recommend. Ms. Doyle stated she is favor of the amusement but not at the proposed location. She would be happy to support him in finding a more suitable location for the amusement. Mr. Brown expressed his concerns with noise that would be generated by the amusement. Rob Ray, Attorney, approached mayor and council to speak against the site plan approval. John McGaughey approached mayor and council to give a presentation voicing his objection to the amusement and proposed location (attached). He would recommend the amusement be located elsewhere on the Island. Rob Ray approached mayor and council to discuss the Master Plan for Tybee Island. He asked mayor and council to refer to the definition of the Inland Cottage Neighborhood, stating "this area provides for alternative transportation routes by providing alternative travel or avenue, bike path and stop signs to slow the movement of vehicular traffic creating a more pedestrian friendly environment". Mr. Ray stated that if this water slide is permitted, it will create a traffic problem on both Butler and Lovell Avenues. He quoted from the Master Plan regarding the use of the area and feels this amusement will create a high impact commercial venture which in turn will create a great deal of traffic. Mr. Ray then discussed the previous amusement on the Strand and the noise it produced. He again recommended that mayor and council deny this request. Carolyn McGaughey approached mayor and council to speak against and asked mayor and council to deny this request. She explained the history of the purchase of their home at 211 Lovell Avenue and their love of the Island. She again asked mayor and council to deny this request. John Gosse approached mayor and council to speak against this site plan approval as he would be severely impacted by the amusement and the noise level. Mr. Gosse stated his concerns with traffic and the location of the restrooms. He expressed his love of his residence and the Island and would asked mayor and council to deny the request. Christy Davis approached mayor and council to speak in favor of the proposed amusement. Ms. Davis stated that she is a nurse by profession however she has worked at the water slides in Florida. In the five years she worked at the water slides, she stated that there were never health issues associated with the slides. Ms. Davis would ask mayor and council to approve this request as it will provide the residents as well as the youth of the Island a safe amusement to include possible employment opportunities. Keith Gay approached mayor and council to speak in favor of the amusement, not the location, as it would complement the Island and provide a place for residents and tourists to go. Although he is in favor of the amusement, he feels it is a great idea but the wrong location. Mr. Gay is before mayor and council representing DeSoto Beach Condos Association and has been directed by the President of the Association to strongly oppose the site of the amusement. The Association has concerns with parking, trash, and loitering. Marianne Bramble approached mayor and council to speak against the location of the amusement as she feels there is not enough room. Ms. Bramble then gave the history of the property as there have been numerous proposed businesses before mayor and council. She expressed her concerns over the removal of the amusement if there is a storm as well as the potential noise of the amusement. Ms. Bramble agreed that the proposed amusement is a good idea but again, bad location and ask mayor and council to deny the request. Brent Palmer approached mayor and council to clarify previous comments. He stated that there would not be noise from a generator as the amusement would plug into an electrical outlet. Mr. Palmer explained there would be free transportation from parking areas to the amusement to alleviate traffic and congestion. Sue Gassen approached mayor and council and questioned the approval of the amusement with the lack of green space at the proposed location. Ms. Gassen stated her concerns with the enforcement of green space on the Island when site plans are approved. She would ask mayor and council to deny this request. Bill Garbett made a motion to deny. Rob Callahan seconded. Discussion: Mr. Garbett stated this would be a wonderful attraction for the Island but at another location. He also feels this request does not meet sections of the Code in terms of temporary accessory structures which are (1) would only be allowed to be one story tall and (2) would not be allowed to be adjacent to residential properties. Mr. Garbett stated if this were approved it would be contrary to the Code. Vote was unanimous, 6-0. Consideration of Ordinances, Resolutions Second Reading, 03-2015 (formerly 61-2014); Sec 4-050 (0), South End Business Overlay District; City of Tybee Island, petitioner; consideration of advertising benches. Wanda Doyle made a motion to approve. Paul Wolff seconded. Vote was unanimous, 6-0. Second Reading, 01-2015, Sec 5-080, Site Plan Approval; City of Tybee Island, petitioner; consideration of standards for site plan review. Paul Wolff made a motion to approve. Bill Garbett seconded. Vote was unanimous, 6-0. Second Reading, 05-2015, Sec 2-78, Regular and Special Meetings. Bill Garbett made a motion to approve. Wanda Doyle seconded. Vote was unanimous, 6-0. Second Reading, 04-2015, Sec 22-196, Recycling. Paul Wolff made a motion to approve. Monty Parks seconded. Vote was unanimous, 6-0. Second Reading, 02-2015, Sec 22-194, Disposal of Refuse. Paul Wolff made a motion to approve. Rob Callahan seconded. Vote was unanimous, 6-0. Council, Officials and City Attorney Considerations and Comments Mr. Hughes gave an update on the Tybee Island Pool Referendum stating the proposed State Bill has been submitted to Legislative Council and Senator Watson has the advertisement. He would ask Mayor Buelterman to contact the Senator and have it forwarded to him. Mayor Buelterman confirmed. Mr. Hughes stated that this would be on the November 2015 ballot. Barry Brown stated that he would like to readdress the Golf Cart Sticker as he feels residents should have a reduced fee, $25.00, for a yearly parking decal. This again would be for residents only. In order to receive a reduced fee decal, residents would have to show proof of taxes, ad valorum taxes, paid in District 3. Mayor Buelterman recommended that this be sent to staff for review and brought back to mayor and council. Mr. Parks expressed his concerns regarding how many people would be affected, the mechanism, and the revenue loss. Mr. Brown responded that this would encourage residents to use golf carts rather than automobiles and would like to move forward with this as quickly as possible. Ms. Schleicher stated that the corresponding ordinance would have to be adjusted and brought before mayor and council for approval. Rob Callahan would like to introduce Section XVI, Ban Smoking on the Beach for discussion. Mr. Callahan would like to get the pulse of the community regarding smoking on the beach as it would be a cleanliness issue. With the recent re-nourishment, he would like to reduce and/or eliminate cigarette butts from the trash stream on the beach. He would ask for positive and negative feedback from the community. Mayor pro tem Doyle stated that this will become an enforcement issue as litter laws are in place currently which should take care of all the trash and all cigarette butts on the beach. The concept is great but it is not logical or enforceable. This will take more enforcement, more eyes, and more consistency to deal with the litter. Mr. Brown concurred and read the number of tickets issued for littering in the past three years. Mr. Garbett is in favor of the possibility of banning smoking on the beach and would recommend mayor and council moving forward and agrees there would be enforcement issues. Mr. Callahan agreed to get examine how other beach communities handle smoking on the beach and bring back to a future city council meeting. Mayor pro tem Doyle stated that the Short Term Rental Ordinance had been placed on several agendas and she would ask that if mayor and council are going to move forward with the discussion, that it needs to be placed on the upcoming City Council Workshop and then involve all the stakeholders. She expressed her concerns with this being placed on the Planning Commission agenda as this is a Municipal Code and not Land Development Code. Mayor pro tem Doyle would also recommend mayor and council review the responsibilities and duties of the Planning Commission. Rob Callahan made a motion to adjourn. Paul Wolff seconded. Vote was unanimous, 6-0. Meeting adjourned at 10:45PM Janet LeViner Clerk of Council