HomeMy Public PortalAbout060_010_20150409Minutes City Council Minutes 20150409
Consideration of Items for Consent Agenda
Mayor Buelterman called the consent agenda to order at 6:30PM on April 9, 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;
Courtney Reich and Ed DiTommaso, Ecological Planning Group; and Janet LeViner, Clerk of
Council.
Mayor Buelterman listed the following items on the consent agenda:
• Special City Council Meeting, March 20, 2015
• City Council Minutes, March 26, 2015
• Special Event Consideration, TV Series Rectify: April 23: 7:00AM — 7:00PM and
April 24: 7:00AM — 8:00PM: 19th Street beach/parking lots and (County) Pier.
Stalwart Films, LLC. Discussion: Laura Bryant approached mayor and council to
advise them the scope of work has changed and they will not be at the pier but only
concentrate on 19th Street beach side. She further explained that she has received
the Letter of Permission from DNR.
• Derelict Structures on the Beach Task Order 2014-01 (Rev. 1): Revised Task Order
is to address not only permitting but also tasks necessary to Solicit Cost Proposals
and facilitate that process. Due to the unknowns regarding the extent and location
of all structures, normal design documents cannot be formulated. Hence Olsen and
Associates propose an RFP process similar to that attempted in 2008. Account
Number: 340-00-11-2701. Discussion: Mayor Buelterman stated that he
understands this is a costly endeavor but recommends moving forward. Mr. Wolff
questioned Mr. Olsen's costs, specifically the $22,000 to complete the RFP as he
feels it could be done in-house as well as project management. Ms. Schleicher
explained the higher costs and would recommend approval. Mayor pro tern Doyle
recommended approval as this is an important project and needs to be done by
professionals. Mr. Garbett asked for clarification of the costs. Ms. Schleicher stated
she will contact Mr. Olsen for further details. Mr. Brown confirmed with Ms.
Schleicher that Mr. Olsen is ultimately responsible for this project.
• North Beach Plaza Conceptual Plan — Infrastructure Committee recommended
approval 3-0. Account Number: 100-00-11-1903. Discussion: Mayor Buelterman
asked Mr. Wolff to explain the showers. Mr. Wolff stated that there will be two
showers with four heads which will be fed by shallow wells with back-up from city
water plumbing. A discussion ensued regarding the shallow wells, cisterns and
reservoirs. Mr. Hughes stated that the issues with existing shallow wells which
includes potability. Mr. Wolff explained the filtering systems in regards to the water
being potable. Mayor pro tern Doyle expressed her concerns with the shallow wells
as she feels the water table is not in that location and would like testing done. She
stated she supports this project and would like it to go forward. Mr. Parks
recommended moving forward.
• Requested Draft Proposed Scope for a potential RFP for Community Development
Services including Planning, Zoning, Building Services and Planning related
engineering tasks. The City of Tybee Island is seeking to contract with a
professional firm to provide Planning and Zoning Department Services
• City Hall Needs and Security Assessment with layout — Infrastructure Committee
recommended approval 3-0. Account Number: 100-00-11-1903
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 Colors
• Pledge of Allegiance
• Invocation
Paul Wolff made a motion to approve the consent agenda. Wanda Doyle seconded. Vote
was unanimous, 6-0.
Public Hearings
Variance — 166 S. Campbell: Consideration of Marsh Buffer Encroachment Variance
for proposed outdoor shower. Kim and Kevin Locovozzi. Zone R-2: PIN 4-0016-02-
015. Ms. Reich approached mayor and council and stated this is a variance request for the
installation of an outdoor shower in the marsh buffer. She explained that there is a hardship at
the property due to the buildable area of the parcel is in the marsh buffer to include the
residence. Mayor Buelterman stated that this request is before mayor and council as a result of
the City taking action after the State addressed some of their guidelines. Ms. Reich confirmed
and stated the City is more restrictive than the State currently. She then discussed the total
potential minor land disturbance to the marsh buffer which is less than 100 sq. ft. This request
could qualify for a land disturbance activity that would not have to apply for the State buffer
and could be administratively approved. Mr. Wolff stated the ordinance that is currently in
place does allow up to a 100 sq. ft. of land disturbing activity in the buffer with just a permit.
He recommended approval as the shower will be plumbed so it drains into the City sanitary
system rather than drain into the marsh. Ms. Reich stated that the Planning Commission
approved this variance request unanimously. Paul Wolff made a motion to approve. Monty
Parks seconded. Vote was unanimous, 6-0.
Text Amendment: Consideration of Revisions to Off Street Parking: Section 3-
080(C). Ms. Reich explained this is before mayor and council as a result of a recent combined
workshop between the Planning Commission and City Council. She further explained that this
text amendment would allow for the improvements to the rights-of-way that were in question
with the 173 Lewis Avenue variance request that was denied. Mayor Buelterman asked if the
Lewis Avenue property would be in compliance if this text amendment is approved. Ms. Reich
confirmed. Mr. Hughes stated they would be in compliance provided they have used approved
materials per the ordinance. A permit could be issued at staff level. Paul Wolff made a
motion to approve. Bill Garbett seconded. Vote was unanimous, 6-0.
Text Amendment: Consideration of revisions to Commercial Signage: Section 6-
080(E). Ms. Reich stated that this is a text amendment related to the Tybee Visitor Center
request for an additional stand-alone sign. As the ordinance is currently written, there is only
one stand-alone sign allowed per use on a property and stated there currently is an existing
stand-alone sign. Mr. Garbett asked for clarification of the proposed sign. Sarah Lane
approached mayor and council to explain the proposed sign. Ms. Lane explained the proposed
sign design which would accommodate another business if another business were to occupy
space in the building. Mr. Garbett stated his concerns with the proposed sign as it might block
the clear vision triangle for traffic. Mayor Buelterman stated that the proposed sign is in
compliance with that particular aspect of the Code. Mr. Parks confirmed that there is an
existing sign on the property which says Tybee Visitor Center and this would be a second sign.
Mr. Garbett stated that if the clear vision triangle will be met with the proposed sign he would
recommend approval. Ms. Reich stated that the Planning Commission denied this request
unanimously. Mr. Parks asked Ms. Reich who initiated this request. Mr. DiTommaso replied it
was the Visit Tybee organization. Ms. Lane stated that the owner, Shell Solomon, has been a
part of this process and has agreed to the design. Mr. Parks expressed his concerns that by
approving this request it will open the door for other multiple signs per business. He further
stated that prior to overturning a unanimous decision by the Planning Commission; he would
like to address all their concerns. Mr. Hughes stated that the text amendment provides that the
limitation to one sign on a commercial site will not apply when the principal building is occupied
by a destination marketing organization as defined in Title 48 of the Code. This is the same
organization to which it is permissible to pay hotel/motel taxes. Mr. Hughes continued to read
from the Code. Mr. Parks stated that there is a sign in place currently for Visit Tybee. Mr.
Hughes clarified that this is an exception which permits a second sign as the zoning only
permits one sign. Mr. Parks confirmed but feels that the multiple businesses can advertise on
the one sign. Mr. Hughes stated that the proposed sign is a free-standing sign, as long as it for
a destination marketing organization or non-profit promotion, etc., is permitted. Mr. Parks
stated that what mayor and council are considering is another multiple business sign not just
for a destination marketing organization. Mayor pro tern Doyle recommended approval as she
feels this is not creating an issue. Mr. Parks stated that mayor and council are being asked to
approve a sign, a change to the text amendment, that says only a tourist destination marketing
business can put up a second sign but the proposed sign has space for additional businesses.
Mayor Buelterman detailed the two issues the Planning Commission had with this request and
explained that both have been addressed. Mr. Wolff asked Mr. Hughes why the petitioner did
not apply for a variance. Mr. Hughes responded, that in his opinion, mayor and council would
not grant a use variance as this is technically rezoning to permit a use. Keith Gay approached
mayor and council to further explain the request. Mr. Gay stated that the most important
aspect of this request is there is a major oversight in terms of the interpretation of the signage
that is currently in place. He explained that this is the Welcoming Center for the community as
visitors come and learn about the Island and its history, resources, etc. Mr. Gay stated that the
request is not a request for a sign for the other business as they would have to come before
mayor and council for approval. The petitioner is requesting that the portion of the sign which
is for the visitor center. A discussion ensued regarding the existing sign and the proposed sign.
Mr. Garbett recommended that if this request is approved, mayor and council review the sign
ordinance to see if it might be applicable to other businesses. Mayor and council confirmed.
Mayor Buelterman stated that it would be wrong to consistently go against the desire of the
Planning Commission. He detailed the two concerns of the Planning Commission which have
been satisfied. Mr. Parks expressed his previous concerns as mayor and council are taking a
bad ordinance and putting two bad amendments to it and he is not in favor. Mr. Brown
confirmed with Mr. Gay that the Tybee Island Visitor Center is the petitioner. Mr. Gay
confirmed. Bill Garbett made a motion to approve as written and will state that he will put on
the next city council agenda that mayor and council request the Planning Commission to review
the sign ordinance and come back with recommendation. Mayor Buelterman clarified Mr.
Garbett's motion is to approve. Wanda Doyle seconded. Discussion: Mayor Buelterman
stated that if it is the desire of mayor and council for the Planning Commission to review an
ordinance, a form will be sent to the Planning Commission specifying the recommendation(s).
Mayor Buelterman asked Mr. Garbett if his motion is to approve with the proviso that it be 4
feet ground clearance and it is an 8 foot sign. Mr. Garbett replied that it is his desire that there
be a clear vision triangle under the sign to include the requirements of the current ordinance.
He stated that his motion is to approve as written. Mayor pro tem Doyle restated her
second to the motion. Voting in favor were Wanda Doyle, Barry Brown and Bill Garbett.
Voting against were Paul Wolff, Monty Parks and Rob Callahan. Mayor Buelterman voting in
favor. Motion passed 4-3.
Mayor Buelterman confirmed with Mr. Garbett that it is his desire that the Planning
Commission review the section existing sign ordinance and discuss whether or not it makes
sense to expand the exception. Mr. Garbett stated that he was a member of the Commission
when the current ordinance was revised and agrees that the ordinance should be reviewed for
allowance and other exceptions.
Consideration of Ordinances, Resolutions
Second Reading, 12-2015; Sec 12-1(c), Enforcement of rules and regulations. Paul
Wolff made a motion to approve. Wanda Doyle seconded. Vote was unanimous, 6-0.
Paul Wolff made a motion to adjourn to Executive Session to discuss personnel. Monty
Parks 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 8:10PM
Janet Leviner