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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