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HomeMy Public PortalAbout050_010_20160908Minutes.pdfCity Council Minutes September 8, 2016 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30PM on September 8, 2016. Those present were Julie Livingston, Monty Parks, John Major, Wanda Doyle, Barry Brown and Bill Garbett. Also attending were Diane Schleicher, City Manager; Bubba Hughes, City Attorney; George Shaw, Director, Community Development; Angela Hudson, Director, Finance Department; and Janet LeViner, Clerk of Council. Mayor Buelterman listed the following items on the consent agenda: • Resolution, Urging, Georgia International Maritime Trade and Convention Center • City Council Meeting Minutes, August 11, 2016 • City Council Meeting Minutes, August 25, 2016 • Ganesh Visarjan: September 15, 3:00 – 9:00PM (Memorial Park/Center St beach access). DISCUSSION: Mayor Buelterman confirmed with Ms. Schleicher that life guards will be in place for this event. Ms. Schleicher confirmed and stated the event has been moved to Memorial Park. The participants will cross Butler Avenue and enter the beach at Center Street. Ms. Doyle expressed her concerns with the possibility of a vehicle on the beach. Ms. Schleicher clarified stating the vehicle will not be allowed on the beach as the organizer has not applied for an LOP from DNR. Mayor pro tem Brown confirmed with Ms. Schleicher that there will be a licensed Captain piloting the commercial boat. Ms. Schleicher stated that she will make this a condition of the approval of the permit. Approved contingent upon there being a licensed Captain piloting the commercial boat. • Memorial Park Restroom Project – Georgia Power total costs amount to relocate the outdoor volleyball lighting wire that will be under the footprint of the new restrooms at Memorial Park is $2,679.53. Total project budget including design is $148,000. Explanation: TIME SENSITIVE – to make sure utilities are relocated before demolition and construction begins. Budget Line Item Number: 320-6210-54-1310 (SPLOST 2008 park buildings). Julie Livingston made a motion to adjourn to Executive Session to discuss litigation. Wanda Doyle seconded. Vote was unanimous, 6-0. Wanda Doyle made a motion to return to regular session. Bill Garbett 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 • Invocation: Ken Douberly, St. Michaels Catholic Church • Pledge of Allegiance Recognitions and Proclamations Mayor Buelterman asked Cathy Sakas, Chair, Beach Task Force to come forward to assist in recognizing Amy Lanier, former Chair; Harvey Ferrelle, former Chair; and Dan Parrott for their service and dedication to the Beach Task Force. Councilwoman Doyle presented Certificates of Appreciation and thanked them for their dedication. Report of Staff, Boards, Standing Committees and/or Invited Guests Courtney Reich, Ecological Planning Group approached Mayor and Council to give an update on the Carrying Capacity Study. Ms. Reich stated the Study is the result of a yearlong project. She asked Mayor and Council to forward any comments or questions regarding the Study prior to September 30, 2016 so they can be incorporated into the final document. Ms. Reich explained the goals of the Carrying Capacity Study which included Diverse and stable year-round population with a high quality of life; Sustainable tourism-based economy that also serves year-round population and business owners in the off-season; Balance between the needs of the tourism industry and year round residents; Protection of Tybee Island’s environmental, historic and cultural resources; Safe multi-modal access to, from and within Tybee Island for residents and visitors; Adapting to a changing climate; and Political and public support for implementation of the plan recommendations. A discussion ensued regarding the goals and the recommended strategies and work plan. Ms. Reich recommended making improvements to the City’s existing infrastructure systems to provide additional capacity to accommodate more growth, and identify ways to better manage future growth to limit stresses on infrastructure and environmental impacts from future development. She asked that Mayor and Council as well as Staff and residents review the Study that is included in the packet and forward recommendations and questions to her. Mayor Buelterman thanked Ms. Reich for her efforts. Sarah Bernzott, Development Authority/Main Street Program, approached Mayor and Council share the information regarding the upcoming Community Day 2016. This event will take place on Sunday, September 18, 2016 and will be hosted by the Development Authority/Main Street and held in Memorial Park from 1:00 – 5:00PM. Ms. Bernzott outlined the activities and invited all the residents to come out and celebrate “Getting Back to Normal Tybee Style”. Mayor Buelterman thanked Ms. Bernzott for hosting the 5th Annual Community Day. Consideration of Bids, Contracts, Agreements and Expenditures Renewal, Debris Removal Monitoring Service Contract, Atkins. DEFERRED Request the City Council’s approval to update the City’s Hotel-Motel Excise Tax Monthly Report form and to make some of the recommended changes to the hotel-motel excise tax ordinance proposed by Muni-Services March 4, 2009 Review Report. Discussion: Ms. Schleicher stated this Report was given to the Audit Committee in 2009 with no action. Ms. Doyle thanked Ms. Hudson for moving forward with this agenda item. Mr. Garbett asked Ms. Hudson the benefit the City will receive from this change. Ms. Hudson stated it will change how the City calculates penalties and interest. Mr. Hughes stated there is not a problem with the form but the current ordinance will have to be changed prior to moving forward. He recommended the opportunity for a meeting with him, Ms. Hudson and staff to review the interest rate and current ordinance. DEFERRED Wanda Doyle made a motion to approve the consent agenda. Barry Brown seconded. Vote was unanimous, 6-0. Public Hearings Request to rezone two adjacent parcels from C-2 to R-2: Keith Gay, Lot 1 and 2, Highway 80, Zoned C-2. PIN 4-0026-02-029. Mr. Hughes stated the Zoning Map is in the room and asked the minutes reflect same. Ms. LeViner confirmed. Mr. Shaw approached Mayor and Council to explain the rezoning request. He stated there are two lots on Highway 80 that are one lot off Byers which are currently zoned C-2. These lots are surrounded by residential uses on all sides and the applicant is requesting to rezone to R-2. The Planning Commission voted in favor, 3-2. Ms. Doyle asked Mr. Hughes, with the C-2 Corridor, where did the rezoning end. Mr. Hughes responded no property was rezoned with the exception of the portion immediately adjacent to Highway 80 on the south-end near Eagles Nest. Ms. Schleicher stated there were public hearings in the past where the property owners objected to the rezoning. Mr. Major made reference to the Staff Report as it stated surrounding these parcels the zoning is C-2. Mr. Shaw confirmed and continued with residential uses. Mr. Hughes stated the Corridor is also overlayed by TBR (transitional business residential). Residential structures are permissible in TBR and this is the unidentified area on the zoning map, 200 foot strip that runs concomitant with the C-2 zone. He continued that it is his recommendation these lots be rezoned. Mr. Major asked if this is the best practice moving forward or should the City consider the rezoning of all other lots. Mr. Garbett expressed his concerns as there appears there is not enough commercial development on the C-2 Corridor and Mayor and Council need to encourage more. Ms. Doyle recommended rezoning the parcels to R-2. Mayor pro tem Brown confirmed homes in that area. Mayor Buelterman stated it is not his desire to rezone the Corridor. Mr. Major asked if under the City’s current ordinance, a property within the Corridor was destroyed, could it be rebuilt within the footprint without a variance. Mr. Shaw confirmed. Mr. Major asked Mr. Hughes if this is considered spot zoning. Mr. Hughes stated no but this request is considered down zoning. Mr. Parks asked Mr. Shaw if a multi-floor living unit is allowed on these parcels. Mr. Shaw responded no as there only can be a duplex but nothing greater. Ms. Doyle asked for clarification of the curb-cut as GaDOT will only provide one curb-cut for both parcels. Mr. Hughes responded the owner would have to contact GaDOT as it is not the City’s jurisdiction. Marty Propst approached Mayor and Council. Mr. Propst stated his family owns property at 1225 Highway 80 which is immediately east of the lots. He is not strongly opposed to the application but does have concerns. He asked Mayor and Council to consider the requirement of a buffer when there is improvement on the property. Mr. Propst asked Mayor and Council to consider a conditional rezoning on the basis it is clear that the applying property owner is responsible for establishing a buffer. Ms. Doyle asked Mr. Hughes if the parcels are rezoned residential, Mr. Propst still on a C-2 property, would there be a requirement for the buffer? Mayor Buelterman stated the buffer would be on the commercial side and the burden would be on Mr. Propst. Mr. Major asked it would be simpler to make residential properties in C-2 part of the permitted use. In that way there would not be a buffer requirement. Mr. Shaw recommended going forward, making residential under special review in the C-2 with a text amendment. Mayor Buelterman stated if the owners were to use the parcels as a residential use, the R-2 rules would apply relative to set-backs, lot size, duplex, etc. Ms. Schleicher discussed the Charrette that was done previously regarding the zoning of the Corridor. Ms. Doyle expressed her concerns with not moving forward with the rezoning request as there might be a buyer for the parcels and it would affect the sale. Mayor Buelterman stated his preference would be to wait so not as create a long term problem for the adjoining property owners. Mr. Parks stated he is favor of residential uses in the C-2 are up for special review. Mr. Garbett stated the City has done planning and the Corridor is recognized as more valuable to the City as commercial property and sees no reason to rezone the parcels as requested. Bill Garbett made a motion to deny. Wanda Doyle seconded for discussion. Ms. Doyle stated she does not look at this motion as denying and will remove her second if the motion is to deny with no conditions. Ms. Doyle withdrew her second. Mr. Hughes stated the Code section regarding the buffer is the owner who is improving or proposes to expand by 25% is the one the buffer requirement applies to. It can apply to both residential and commercial and is flexible. Ms. Livingston asked if a requirement could be put on the residential side that would meet the requirements of Mr. Propst not having to add a buffer. Mr. Hughes responded that since the applicant is not present, his intentions for the parcels are not known. Mr. Garbett stated that his motion to deny was with the intent Mayor and Council further consider changes in the C-2 zoning ordinance as previously discussed. Mayor Buelterman explained the timeline if this request is denied as it would not be before Mayor and Council for six months. Mr. Shaw stated the Planning Commission would hear this request on October 17, 2016 and would be before Mayor and Council on October 27, 2016. Mayor Buelterman confirmed. A discussion ensued regarding the zoning/rezoning of the Corridor and permitted uses. Mr. Major recommended tabling the request as this would preclude the six month waiting period to come back before Mayor and Council. Mayor Buelterman clarified by tabling this request until the proposed changes to the zoning ordinance are reviewed and approved would be beneficial to the applicant as it would not create a six month waiting period. Bill Garbett made a motion to continue until October 27, 2016 City Council meeting for consideration of potential rezoning and text amendment if passed would allow or permit as a use by right in a C-2 zone those residential uses permissible in R-2 zones. John Major seconded. Vote was unanimous, 6-0. Request extension of porch into the rear set-back. Phillip Alletto – 35 Pulaski Street. Zoned R-1. PIN 4-0001-01-003. Mr. Shaw approached Mayor and Council to explain the agenda item. He stated the home is on Pulaski Street and has an angled rear porch that is not currently built to Code and is need of repair. There is not a second egress from the elevated floor and in order to accomplish this it would require building into the buffer. Additionally the petitioner would like to square off of the residence on the third floor by adding a spiral staircase from the third to the second and a straight stair case from the second to the first floor. Planning Commission recommended approval unanimously. Mr. Garbett asked if the squaring off of the bottom porch the minimum required to add the stairway. Mr. Shaw stated on the second floor the petitioner does need to add some porch to make the porch work. Mr. Major asked if the footprint will be increased as a result of the extension. Mr. Shaw responded not on the ground level. Mr. Alletto approached Mayor and Council to address questions and concerns. He stated he is working with his contractor and engineer to ensure there is no additional encroachment in to the buffer. Tommy Thompson approached Mayor and Council to speak in favor of this request. Mayor Buelterman thanked Mr. Thompson. Wanda Doyle made a motion to approve. Barry Brown seconded. Vote was unanimous, 6-0. Request extension of porch and stairs into the front set-back. Lucia Newberry, 501 13th Street. Zoned R-2. PIN 4-0007-12-006. Mr. Shaw approached Mayor and Council to explain the agenda item. He stated the petitioner is proposing moving the stairs from the side of the porch to the front of the porch and to make the porch wider. Planning Commission voted unanimously to deny. Ms. Newberry approached Mayor and Council to address questions and concerns. She gave a brief presentation showing the adjoining residences to include placement of their residences in regards to set-backs. She continued to explain the placement of the stairs and reconfiguration of the porch as there is no increase to the footprint. Mr. Major asked Ms. Newberry if the Planning Commission had seen her presentation. Ms. Newberry stated they did not as she did not have time to complete prior to their meeting. Mayor Buelterman recommended approval as it is improving the property. Bill Garbett made a motion to approve. Wanda Doyle seconded. Vote was unanimous, 6-0. Consideration of Ordinances, Resolutions First and Second Reading, 2016-24, Defined Benefit Retirement Plan: Amendment to include Firefighters in 55 and 20 Alternative Normal Retirement Qualification. Mr. Hughes stated this was introduced at a previous meeting and the proposed ordinance is giving firefighters that same retirement options as police officers. Wanda Doyle made a motion to approve first and second reading of 2016-24. Barry Brown seconded. Discussion: Mr. Major asked Ms. Schleicher who is serving on the Pension Plan Committee. Ms. Schleicher responded members include Janice Elliott, William Mosely, and elected officials. Vote was unanimous, 6-0. Council, Officials and City Attorney Considerations and Comments • Jason Buelterman: a) Gift Card Purchase for Parking Passes. Deferred b) Apply for State Program for Hwy 80 as Greenway Deferred Bubba Hughes approached Mayor and Council to introduce Ordinance 26-2016, LDC, Art 15, Soil Erosion, Sedimentation and Pollution Control. Mr. Hughes stated this is an update, the model ordinance has changed and Tybee Island is the issuing authority. He stated this will be before the Planning Commission for their recommendations. The City currently has a buffer ordinance which will not be impacted by the proposed ordinance, 26-2016. Mr. Garbett as that Mayor and Council be provided a redline version for clarity. Mr. Hughes confirmed. He stated the City can create a buffer ordinance under the City’s zoning power without regard to erosion sedimentation control. He recommended not altering what the model Act is on the erosion sedimentation control due to the City’s historic experience. No Action Required Wanda Doyle made a motion to adjourn. Barry Brown seconded. Vote was unanimous, 6- 0. Meeting adjourned at 8:50PM _______________________________ Janet Leviner, CMC City Clerk