HomeMy Public PortalAbout20200528MinutesCity Council Minutes, May 28, 2020
Mayor Shirley Sessions called the meeting to order at 6:30PM via Zoom. Those present were Mayor pro tem Barry Brown, Jay Burke, Monty Parks, John Branigin, Nancy DeVetter and Spec Hosti.
Also attending were Dr. Shawn Gillen, City Manager; George Shaw, Director, Community Development; Dana Braun, Assistant City Attorney, Ellis, Painter, Ratterree and Adams; and Janet
LeViner, Clerk of Council.
Opening Ceremonies
Call to Order
Invocation: Jan LeViner, Clerk of Council
Pledge of Allegiance
Mayor Sessions placed the following on the Consent Agenda:
Minutes, City Council Meeting, May 14, 2020
Minutes, Special Meeting, May 19, 2020
City Manager admin assistant requesting funds transfer to cover current shortage and future invoices through fiscal year end. This line item pays for legal fees from Ellis, Painter,
Ratterree and Adams. Discussion: Mayor Sessions asked Dr. Gillen to cite the line items where the funds are being transferred from. Dr. Gillen responded from Planning and Zoning.
Agreement: Earth Balance Corporation to implement a Sand Fence Installation Project. Discussion: Dr. Gillen stated originally the City was hoping the USACOE was going to implement
the sand fencing on the new dunes but this did not happen. He then spoke with Earth Balance and they are ready to implement sand fencing and have submitted a quote for the work which
is acceptable. The funds for this will be taken from the State.
University of Georgia Agreement, National Fish and Wildlife Foundation Grant. Discussion: Dr. Gillen stated this project will be funded by a grant that the City is taking advantage
of.
Spec Hosti made a motion to approve the consent agenda. John Branigin seconded. Vote was unanimous to approve, 6-0.
Public Hearing
Private Parking Lot in Residential Area, Russell Bridges, 1001 Butler Avenue. George Shaw stated this request is for one of residential parking lots that was grandfathered to allow
private parking during the summer season. The Bridges have no citations and are requesting to renew their permit for this summer. Mr. Shaw stated Mr. Bridges is on the call. Mayor
Sessions asked how many spaces are in the lot. Mr. Braun responded according to the site plan, 30. Mr. Hosti asked what the recommendation of the Planning Commission was. Mr. Shaw
responded this request did not go before the Planning Commission. A notice was not issued to the Bridges for the denial and therefore a hearing is required. Mr. Braun stated the basis
for denial is failure to comply with the terms and conditions of the license or comply with other relevant ordinances. Mr. Braun continued there needs to be some evidence to properly
deny the renewal. Mayor pro tem
Brown stated the neighbors have complained and that is the reason he voted to deny. Mayor Sessions asked if the neighbors have been noticed of the previous public hearing. Mr. Shaw
confirmed but is not aware of notice for the meeting tonight. Mr. Branigin asked how the City can conduct a public hearing if the public cannot be present or speak. Mr. Braun clarified
that residents can submit statements and there are other techniques that can be used for public input. Mayor pro tem Brown stated Council can either deny or approve the request. Mr.
Braun stated rather than voting to not renew, the motion should have been to issue a show cause why Mayor and Council should not renew. Mayor Sessions asked Mr. Braun for clarification
of the vote before them. Mr. Braun stated what is before them is an evidentiary hearing to show cause why this request should or should not be approved. Mayor Sessions confirmed
Mr. Bridge was not able to be at the previous meeting due to a work conflict. Mr. Hosti recommended this be brought back at the next meeting for a vote. Ms. DeVetter asked if there
are violations or complaints. Dr. Gillen stated no. Mr. Branigin recommended, in the future, Staff review the requests for renewal prior to coming before Mayor and Council with recommendations
for denial or approval. Mr. Braun confirmed. Mayor Sessions made reference to a request for a parking lot in a residential zone and that request was approved with the caveat if they
received another citation their permit would be revoked. Russell Bridges joined the conversation via Zoom. Mr. Bridges stated he is disappointed that the request was not approved
and he was not notified that his request was denied. He continued, they have complied with the ordinance and have never had a complaint filed nor a citation. The neighbors do not
like the parking lot in the area but they have never done anything to deserve a denial. Mr. Braun stated this is a permitted use by ordinance. Spec Hosti made a motion to bring
back to a future City Council Meeting. Jay Burke seconded. Voting in favor were Jay Burke, Monty Parks, John Branigin, Spec Hosti and Nancy DeVetter. Voting against was Barry Brown.
Vote was 5-1 to bring this agenda item to the next City Council meeting. After a short discussion, Spec Hosti made a motion to bring back this agenda item on June 11, 2020. Jay
Burke seconded. Voting in favor were Jay Burke, Monty Parks, John Branigin and Spec Hosti. Voting against were Nancy DeVetter and Barry Brown. Motion passed 4-2. Discussion: Mr.
Bridges asked that any and all information regarding violations and citations be presented at the June 11, 2020 meeting. Mayor Sessions asked Mr. Shaw to please provide Mr. Bridges
with a copy of the minutes from the previous public hearing based on the denial vote as well as any citations and violations. Mr. Shaw confirmed.
Consideration of Local Requests and Applications – Alcohol License
Coco’s Sunset Grille – 1A Old US Hwy 80: add beer/wine package sales and Sunday sales to existing alcohol license for take-out. Dana Braun asked to speak to this agenda item. Mr. Braun
stated he is not sure what the petitioner is seeking as they are currently a restaurant and only allowed to have a consumption on premises license. Under the Governor’s Emergency Order,
the State Department of Revenue has allowed restaurants to allow packaged sales with take-out orders. This does not include take-out drinks but packaged wine and beer can only be sold
during this time period. He feels there is no need for this application if only to sell packaged beer and wine but if the petitioner is requesting packaged sales after the COVID they
cannot have both, consumption on premises license and packaged sales. Mr. Shaw confirmed Coco’s have the on premises sales as they are a restaurant. What he does not know if they
are