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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