HomeMy Public PortalAbout050_010_20150312Minutes City Council Minutes 20150312
Consideration of Items for Consent Agenda
Mayor Buelterman called the consent agenda to order at 6:30PM on March 12, 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; Ed
DiTommaso, Ecological Planning Group; and Janet LeViner, Clerk of Council.
Mayor Buelterman listed the following items on the consent agenda:
• City Council Minutes, February 26, 2015
• Alcohol and Entertainment License Request: Beer and Wine/Sunday Sales —
Entertainment. Bubba Gumbo's Food and Beer and Wine Service, 4 Old
Highway 80, Old Tybee Road
• Honoring Burke Day — Police Station
• Contract with Howard Marlowe. Discussion: This is approved contingent
upon Mr. Hughes, City Attorney, review.
• Orange Crush Clean-up. Discussion: Ms. Schleicher stated that DPW will be
out in force on Sunday, April 19, 2015. The plan is for them to concentrate
between 14th and 18th Streets first and then move to Chatham Avenue. She
explain her concerns of beginning the clean-up on the beach at night as
visitors sleep on the beach and cannot be seen by the heavy equipment
operators who are cleaning the beach. Mayor Buelterman recommendation is
to have volunteers as well as DPW staff, on the beach, picking up trash and
moving to the trash receptacles without the use of the heavy equipment. In
this way the beach is relative clean prior to daylight. Ms. Schleicher
confirmed that she will have a plan in place for Saturday evening, April 18,
2015.
• Ante Litem — D'Andre Martin — To Reject
Paul Wolff made a motion to adjourn to Executive Session to discuss Real Estate
Acquisition and Personnel. Rob Callahan seconded. Vote was unanimous, 6-0.
Paul Wolff made a motion to return to regular session. Rob Callahan seconded.
Vote was unanimous, 6-0.
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
• Posting of the Colors
• Pledge of Allegiance
• Invocation: Jan LeViner
Paul Wolff made a motion to approve the consent agenda. Rob Callahan seconded.
Vote was unanimous, 6-0.
Public Hearings
Variance — 607 Miller Avenue, Consideration of lot width frontage, Osal J.
Evens, Zone R-2, PIN: 4-0005-14-012A. Bill Garbett recused himself. Mr.
DiTommaso stated that he is deferring to the City Attorney, Mr. Hughes, as this request
might be a minor subdivision rather than a variance request. Mr. Hughes stated that
this item began as a variance request as to a lot width requirement which would
provide access to the rear lot of two lots. The other access involves an un-open right of
way. The thought was the petition could get a 15' easement to the rear lot which is
unimproved and would not require a variance as there is no minimum lot width at a
street border. He further explained that previously mayor and council required any lot
to be built on which does not have street access must have a least a 20' access
easement which is an additional cause for concern as the issue became if the lots can
be recombined. Mr. Branch explained that there is no variance required and the only
way under the Code the petitioner can accomplish what they want to accomplish, which
is basically move lot lines on two different lots, is to have a lot recombination and then
subdivide differently. He stated that while the petitioner could just do an easement
privately, this is not the intent of the petitioner as they desire is to redraw the lot line.
Mr. Hughes stated that he does not believe the rear lot, Lot 171, is a buildable lot due
to the marsh. Mr. Branch stated that he is of the opinion that the petitioner can do
what they desire without getting the City involved as they need to record the easement.
Mr. DiTommaso stated that the Planning Commission heard this request and their vote
was unanimous to approve the variance request. The Planning Commission also had
concerns regarding emergency services being able to access the rear lot. Chief Sasser
did inspect the area and confirmed that emergency vehicles would be able to access the
rear lot once a large oak tree was removed. Mr. Wolff stated that he has concerns and
one being that the rear lot is not buildable. His biggest concern is why the petitioner
would want access to the rear lot that may or may not be buildable. Mr. Wolff
recommended that the petitioner contact DNR to delineate the jurisdictional line prior to
any action taken. Mr. Hughes stated that this request would not create a substandard
lot as it is large enough as it is. There was a discussion regarding the rear lot being
buildable based on DNR. Warren Portis, Surveyor, approached mayor and council.
He gave a brief history of the lot. Mr. Portis explained that the lot is 65' total across the
front and 110' deep. A residence was built and then the lot behind the residence was
on the market for sale. The petitioner bought the lot thinking they had access from 5th
Avenue. They later they found they did not thus it is landlocked. Mr. Portis asked
mayor and council is to allow the petitioner to access the lot from Miller Street. There
was a brief discussion regarding a 15' easement on the rear property. Richard Coyle
approached mayor and council to express his concerns regarding his property being
impinged upon. Mr. Coyle asked mayor and council if a 15' easement was granted,
would the property owner be allowed to build a driveway along the property line. Mr.
Hughes responded that there is no setback requirement for a driveway. Mr. Brown
stated that the driveway could not be concrete. Mr. Hughes reminded mayor and
council of the requirement for a 20' easement rather than 15' and does understand the
request from the petitioner. He would ask the petitioner to let mayor and council know
their future plans for the rear lot so they can better understand their intentions. Mayor
Buelterman recommended that if the petitioner needs to return for this particular
request that all fees be waived. He stated that a determination needs to be made if the
rear lot is in fact buildable and if it is buildable, and the petitioner wants to go the
easement route, the petitioner would be required to come before mayor and council to
allow a 15' easement. Mr. Portis approached mayor and council to ask for clarification.
Mr. Hughes stated that if the two lots were recombined, then subdivided differently
than they currently are, where it did not create a subdivided lot, the petitioner could
have the access to the rear lot as part of the subdivision of the big lot without having to
have a variance. Mayor Buelterman recommended that mayor and council move
forward and that if the petitioner needs to return to mayor and council all fees be
waived. Mayor pro tem Doyle confirmed with Mr. Portis that the petitioner can have a
15' easement and that it needs to be recorded. A variance does not appear
needed. Barry Brown made a motion that if this item comes back before mayor and
council all fees be waived. Wanda Doyle seconded. No further action taken at
this time. Vote was unanimous, 5-0.
Consideration of Ordinances, Resolutions
First Reading, 11-2015, Sec 2-36, Compensation of mayor and
councilmembers. Introduction only. Mr. Hughes stated that this is for before
mayor and council for introduction only. He continued by explaining that this item must
be advertised once a week for three weeks prior to action being taken. Mr. Hughes
stated that the ordinance is introduced in proper form this evening and a vote will be
taken on March 26, 2015. Mayor Buelterman asked Mr. Hughes if this can be treated
in the future much like the water/sewer bill is (CPI). Mr. Hughes stated no that it would
be complicated due to the advertisement of qualifying fees. Mr. Parks stated that he is
comfortable with not attaching to the CPI as mayor and council are being transparent.
Mr. Garbett stated that there is nothing that prohibits mayor and council from every two
years asking for an increase. Mayor Buelterman confirmed. No action taken.
Second Reading, 6A-2015, Sec 66-183, Decals for Motorized Carts. Barry
Brown made a motion to approve. Wanda Doyle seconded. Discussion: Ms.
Schleicher asked when this would take effect. Mayor Buelterman stated immediately.
Vote was unanimous, 6-0.
Second Reading, 08-2015, Sec 66-10, Traffic on Jones Avenue. Mr. Hughes
stated that there are changes in the proposed ordinance from first to second reading
which accommodates the concerns regarding the crossing Jones Avenue and special
permission for other vehicles such as moving vans. This starts at Second Street rather
than Highway 80 as the businesses need trucks at Jones Avenue and Highway 80 in
order to service the businesses. Mayor pro tem Doyle expressed her concerns as to
why this ordinance is before mayor and council as she does not feel it is a public safety
issue. This is being done to protect our streets and will be another enforcement issue
for the Tybee Island Police Department. Mr. Wolff responded that the Infrastructure
Committee discussed this at length and the reasoning behind this proposed ordinance is
to double the life of Jones Avenue. Mayor Buelterman recommended that more signs
need to be put in place. Ms. Schleicher confirmed. There was a discussion on the
types of trucks that currently use Jones Avenue and Mr. Parks indicated that as soon as
the signs are put up, the multi-axel trucks will start using Butler Avenue. Monty Parks
made a motion to approve. Rob Callahan seconded. Discussion: Mayor Buelterman
asked Ms. Schleicher, pending approval, when would this take effect and when would
the signage be put in place. Ms. Schleicher responded that the placement of signs
would have to be calculated. Voting in favor were Paul Wolff, Monty Parks, Rob
Callahan, and Bill Garbett. Voting against were Wanda Doyle and Barry Brown. Motion
carried, 4-2.
Council, Officials and City Attorney Considerations and Comments
Ocean Rescue for Code Enforcement — Litter. No action taken as it will be
discussed at the next Public Safety Committee meeting.
Paul Wolff made a motion to adjourn to Executive Session to discuss personnel. Rob
Callahan seconded. Vote was unanimous, 6-0.
Paul Wolff made a motion to return to regular session. Rob Callahan seconded.
Vote was unanimous, 6-0.
Paul Wolff made a motion to adjourn. Rob Callahan seconded. Vote was
unanimous, 6-0.
Meeting adjourned at 8:30