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HomeMy Public PortalAbout20180712Minutes.docx City Council Minutes, July 12, 2018 Consideration of Items for Consent Agenda Mayor pro tem Brown called the consent agenda to order at 6:30PM on July 12, 2018. Those present were Julie Livingston, Monty Parks, John Branigin, Wanda Doyle, and Jackson Butler. Also attending were Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney; George Shaw, Director, Community Development; and Janet LeViner, Clerk of Council. Mayor Buelterman was excused due to vacation plans. Mayor pro tem Brown listed the following items on the consent agenda: June 14, 2018, City Council Minutes June 27, 2018, Public Hearing, Millage June 27, 2018, Public Hearing, Millage and Budget Adoption Jeremy Altman, Historic Preservation Commission Alcohol License Request: Beer and Wine Only – No Sunday Sales: Coastal Initiative DBA Escape Tybee (Existing Business License). 106 South Campbell Alcohol License Request: Beer and Wine Package Sales/Sunday Sales. Dolphin Watch Tiki Hut (New Business License – Watersports Equipment rentals) 2101 Hwy 80 Out of State Travel, Jason Buelterman and Shawn Gillen, Washington, DC, July 16-17, 2018 Department of Natural Resources/City of Tybee Island – Historic Preservation Fund Grant Agreement, South End Overlay District: Design Guidelines Approve a contract with Thompson Engineering for $4,250 to perform structural evaluation of the City buildings that are eligible for the storm shutters under the Hurricane Matthew Hazard Mitigation Grant Marine Science Center Contracts – Ratified Second Reading, 06-2018, Sec 8-080, Land Development Code regarding flood damage prevention. Discussion: Mr. Hughes stated this makes the current ordinance consistent with the new flood maps. Bubba Hughes: Resignation, General Release and Waiver of Rights – Ja’Borian Morman Julie Livingston made a motion to adjourn to executive session to discuss litigation, personnel and real estate. Jackson Butler seconded. Vote was unanimous to approve, 6-0. Julie Livingston made a motion to return to regular session. Wanda Doyle seconded. Vote was unanimous to approve, 6-0. Mayor pro tem Brown called the regular meeting to order at 7:00PM. All those present for the consent agenda were present. Opening Ceremonies Call to Order Invocation: Jan LeViner, Clerk Pledge of Allegiance Citizens to be Heard. Lisa Freeman, Insurance for lost tree – rescheduled for August 23, 2018 Abby Burke approached Mayor and Council to speak on 9 Meddin Drive, as she would like to add a driveway on her property. Ms. Burke presented drawings of her property. She continued, in 2000 Mr. Fitzgibbons moved into a property know as 11 Meddin Drive and allowed Ms. Burke to park at his property. Two years ago, he added a trailer to the property, which left her without a parking space. After contacting the City, she is now allowed to park on the service road. Now there seems to be a disagreement on whether she can park there or not as Mr. Fitzgibbons contacts the TIPD when she does. She is asking for the City to remove 25’ feet of the existing wall on Meddin so a driveway can be built. Ms. Doyle stated this request needs to be reviewed by an Engineer, as it will need a drainage plan. Mr. Shaw responded there are questions as to who will be responsible for the improvements to the area, the City or the property owner. Ms. Burke explained this is a hardship, as she has no driveway. Mr. Butler asked if there is any significance to the existing wall. Ms. Burke responded the Army used for trashcans in 1898, as it is part of Ft. Screven. Mayor pro tem Brown stated the wall might also be used for erosion. Ms. Burke would like access to her residence, as she is the only one that does not have a driveway. She asked the City cut down the wall and advise her what to put there for drainage and she will comply. Mayor pro tem Brown confirmed she would like to drive from the street to the side of her house. Ms. Burke confirmed. Mr. Parks stated he recognizes there is an issue. Ms. Doyle confirmed this issue would need to be engineered, as there might be drainage issues. She further recommended the Infrastructure Committee hear this issue. Mayor pro tem Brown recommended a retaining wall be built but agreed this needs to be engineered. Dr. Gillen to follow-up. Kathryn Williams approached Mayor and Council to discuss a designated parking space near North Beach Grill. Ms. Williams stated she is aware the City is working on a parking plan is would like to offer a solution for days when she or her employees cannot access the North Beach Grill. She showed a picture of an area on the north side of the Grill as there is a parking stop on the left with signage on the right. The City does not allow parking in that space and if you park there they are ticket. Ms. William suggested if it were more clearly delineated as a no parking spot, they would park there when there is no other parking available for catering and such instances. In this way, she would not be taking a “paying” parking space from the City. Ms. Doyle stated she likes the idea and feels the parking space should be marked. Dr. Gillen stated the spot needs to be designated by Mayor and Council for loading and unloading zone only.He confirmed signage needs to be put in that area. Julia Pearce approached Mayor and Council to speak on the Unopened Portion of 5th Avenue, Nature Trail. Ms. Pearce reminded City Council that Sally Pearce lived on Tybee for over 60 years and was the first and second Beach Bum Queen. Our Island has a deep-rooted understanding of the natural history and would not be a good idea to “mess” with the Nature Trail. Ms. Pearce asked the Nature Trail not be compromised due to a new business moving in and to side of the side of nature. Wanda Doyle made a motion to approve the consent agenda.Monty Parks seconded. Vote was unanimous, 6-0. Public Hearings Site Plan with Variance, Parking Requirements – Lot “A” Fifth Avenue (106 6th Avenue) PIN 4-0003-07-005 – Currently Zoned R-2/C-2 – Carrie Efird. George Shaw approached Mayor and Council to explain the request. The item before them tonight is a Site Plan Approval, two story over parking building, which upgrades their commercial laundry business for the short-term rental business. The second level has two efficiencies and a one-bedroom apartment. In addition to the Site Plan Approval the petitioner is asking for a variance as they are three parking space short on the site. There is public parking on Highway 80 nearby if needed. Mr. Shaw stated the Planning Commission recommended approval with a 4-2 vote. Mr. Parks confirmed what was before them tonight is the approval of the Site Plan and Variance. Mr. Shaw confirmed. Mr. Parks asked if the Planning Commissions biggest concern was the parking or setback requirements. Mr. Shaw responded originally their concerns were with the setback but that was resolved as well as the parking requirements. Mr. Parks asked Mr. Shaw to explain why Staff was not in favor of approving this request. Mr. Shaw responded he did not feel this request meets the threshold for a variance per the City’s ordinance. There needs to be a level of hardship created by the parcel itself and since the parcel was purchased, the buyers knew the size and shape, the hardship was created by the size of the building. Mr. Branigin stated the only inconvenience by not having the additional parking spaces would be the people who work and live in the building. Mr. Shaw confirmed. Mr. Butler confirmed the rentals would be for long-term rental. Mr. Shaw stated the ordinance does not differentiate as it can be either.Ms. Livingston stated she does recognize the hardship issue on a variance but it is hard to use a hardship specifically for the parking. Carrie Efird approached Mayor and Council. Mr. Parks asked if there are plans for chemical storage in case of a spill. Ms. Efird responded the chemicals are in heavy-duty containers and dispensed using a draw system that is extremely controlled. The drums would be stored under the building in an enclosed area. If there is an impending storm, all shipments are suspended and any existing containers are moved to the highest level. There was a brief discussion regarding low-level lighting. Ms. Efird assured Mayor and Council there will be outside low-level lighting so as not to disturb the Natural Trail and surrounding areas. She thanked Mayor and Council for considering her variance request. Ms. Efird then addressed Ms. Livingston’s concerns regarding the hardship. Ms. Doyle asked Ms. Efird to address the distance from her property to the Sally Pearce Nature Trail. Ms. Efird responded the eastern side of the building is approximately 30’ from the eastern property line as the building is 60’ long. That would be 30’ to the middle property line and the adjacent lot that abuts unopened 5th Avenue is 110’ wide. She continued, the actual Trail is on the eastern portion is 10’ from the eastern property line which totals 50’. By adding them together, there is approximately 200’ from the sidewall of the structure. In the rear, if there were a diagonal line, it would be over 200’ to the wooded area. Mayor pro tem Brown thanked Ms. Efird. Wanda Doyle made a motion to approve. Monty Parks seconded. Vote was unanimous to approve, 6-0. Mr. Hughes stated they, Mr. Shaw and himself, need guidance as to how to proceed regarding 5th Avenue. He would recommend there be a plan as to relocating the trees; at whose expense; the topography of the area that is going to be driven upon; and any drainage consideration that needs to be taken in to account. In addition, to determine whether or not the first sign for the Natural Trail, which should be moved. Mr. Shaw stated he did send questions to Mayor and Council for their consideration and response. Ms. Doyle confirmed. It is her recommendation the costs be split between Ms. Efird and the City. Mr. Parks would like to see options. Mr. Shaw described the amount of trees that need to be removed and the grading that will probably need to be done. Mr. Parks stated he would like a report from the City’s engineering firm for an estimate of costs. Mayor pro tem Brown confirmed. Ms. Doyle stated the topographical maps need to be reviewed for costs and brought back to the second meeting in August, August 23, 2018. Consideration of Bids, Contracts, Agreements and Expenditures American Legion Post 154 Agreement. Mr. Hughes stated he was asked to draft an agreement between the City and the American Legion Post 154. In the process of the budget discussions there was a discussion regarding the building needing wiring and electrical work. The deed to the American Legion contains a reverting clause as if they do not comply with the conditions in the deed; the building reverts to the City. In order to provide funds to the American Legion to make the necessary repairs they need to obligate themselves similar to any other non-profit. For instance, the Tybee Post Theater. In turn, this will obligate the American Legion beyond what the conditions are in the deed to make the facility available and otherwise provide space when the City would need it. Mayor pro tem Brown confirmed the American Legion Post 154 would actually pay the electrical contractor for the repairs. Ms. Doyle stated she has spent time with the Commander and Treasurer of Post 154 and the biggest concerns are (1) no more than 36 hours’ notice for events; and (2) guidelines for who can use it, i.e. other non-profits, citizens. There was a lengthy discussion regarding the reservation process as whether it is done directly or through Staff. Ms. Doyle recommended the monies are held by the City and the American Legion submit receipts for payment. Mr. Parks recommends the “use of the facility” be noted as it does not include the kitchen, bar and bartender. These services would have to be arranged through the American Legion Post. Mr. Butler recommended clear language be included in the Agreement outlining who is eligible to use the facility. Mr. Hughes will include the recommendation from Mayor and Council and bring back for approval. NO ACTION TAKEN. FOR DISCUSSION ONLY Council, Officials and City Attorney Considerations and Comments Wanda Doyle stated the City Manager, Dr. Gillen, has an Action Item List that includes the City Council Goals. She has concerns with the Action Item List, as there are no completion dates. Ms. Doyle highlighted a few Items and asked Mayor and Council to take the spreadsheet and update. One specific issue is Tybrisa in regards to trash, pressure washing, beautification and litter. Dr. Gillen assured Mayor and Council steps are being taken to correct all issues. Mr. Branigin asked for status of the revision to the Noise Ordinance as it is the only leverage the City has due to the State expanding the people’s right to use commercial fireworks. Ms. Doyle responded she would add to the Action Item List, as it is not included as well as the Disorderly Household Ordinance. Mr. Hughes added he has prepared the Notice that needs to be published and will forward. The next step is to adopt the Noise Ordinance repealing the existing ordinance and readopting the existing ordinance. The Fireworks Ordinance must be changed. The State Law gives the City more control as long as there exists a Noise Ordinance that applies to every instance. Mr. Branigin also asked the status of the Bee issue on the Island and added to the Action Item List. Dr. Gillen confirmed. George Shaw gave an Update on the Flood Mitigation Grant explaining the first twelve applications were sent to the State and have been forwarded to FEMA for their review. All other applications, 48 additional, were to the State as well. Mr. Shaw stated the consultant’s agreement has expired but he has agreed to conduct another public meeting to answer any remaining questions. Mr. Parks confirmed all applications are at the State or FEMA level. He also commended Mr. Shaw for the outstanding job he has done in regards to the Grant. Julie Livingston made a motion to adjourn to executive session to discuss real estate and personnel. Jackson Butler seconded. Vote was unanimous, 6-0. Julie Livingston made a motion to return to regular session. Wanda Doyle seconded. Vote was unanimous, 6-0. Monty Parks made a motion to adjourn. John Branigin seconded. Vote was unanimous, 6-0. Meeting adjourned at 10:30PM. _____________________________ Janet R. LeViner, CMC Clerk