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HomeMy Public PortalAbout20181011Minutes.docx City Council Minutes, October 11, 2018 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30PM on October 11, 2018. Those present were Julie Livingston, Monty Parks, John Branigin, Wanda Doyle, and Barry Brown. Also attending were Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney; George Shaw, Director, Community Development; Angela Hudson, Director, Finance; and Janet LeViner, Clerk of Council. Mayor Buelterman listed the following items on the consent agenda: City Council Minutes, September 27, 2018 Request City Council amend fiscal year 2019 budget for the Grant Capital Project Fund 340 by transferring $90,000 from the contingency line item to the contract labor to cover the cost for a contract labor agreement approved by the City Council on September 27, 2018 Request City Council approve a budget amendment to increase the General Fund fiscal year 2019 budget by an increase of $167,501 increasing the budget from $12,698,899 to $12,866,400 Request the City Council approve a budget amendment to increase the SPLOST 2014 Capital Project Fund 322’s fiscal year 2019 budget by $50,075.29 changing the budget from $1,290,500 to $1,340,575.29 Request the City Council approve a budget amendment to decrease the SPLOST 2003 Capital Project Fund 321’s fiscal year 2019 budget by $14,175.37 decreasing the budget from $435,274 to $421,098.63 Leaf Capital Funding, LLC, copier, Planning and Zoning. DISCUSSION: Mr. Hughes recommended council approval contingent upon approval of City Manager, Finance Director, and City Attorney Acceptance of RFP for South-end Showers and Shallow Wells Acceptance of RFP for Sewer Inspection Cameras. USA Blue Book is recommended vendor Resolution, Budget Amendments Marsh Hen Trail Agreements 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: Jan LeViner, Clerk Pledge of Allegiance Dr. Gillen approached Mayor and Council to introduce Ricky Stewart, City Engineer. This position was created by combining two positions into one, Director of Public Works and Director of Water/Sewer. Both of those individuals who had filled those positions, retired, and the City needed someone who could manage all the continuing infrastructure projects. Mr. Stewart thanked Mayor and Council. Appointment of Successor for Vacant City Council Seat. Mayor Buelterman stated the following individuals submitted their names for consideration: Greg Fowler Michael Hosti Shirley Sessions Mr. Hughes recommended a motion for acceptance of the nominations as submitted; close the nominations; and proceed to vote by ballot. Wanda Doyle made a motion to accept the three nominations, Greg Fowler, Michael Hosti and Shirley Sessions to fill the council seat for Jackson Butler. John Branigin seconded. Vote was unanimous, 5-0. Mayor Buelterman asked if anyone would like to speak please come forward. There being none, he explained the voting process as the Clerk has distributed ballots for Council’s voting. The Mayor will not vote unless there is a tie. The Clerk collected the ballots and read the results (attached): Julie Livingston voting in the affirmative of Shirley Sessions Monty Parks voting in the affirmative of Shirley Sessions John Branigin voting in the affirmative of Michael “Spec” Hosti Wanda Doyle voting in the affirmative of Shirley Sessions Barry Brown voting in the affirmative of Shirley Sessions Jan LeViner, Clerk, announced Shirley Sessions receiving four votes in the affirmative and Michael “Spec” Hosti receiving one vote in the affirmative, Shirley Sessions would fill the vacant seat on City Council. Mayor Buelterman thanked everyone for submitting his or her name for consideration. The Clerk will swear in Ms. Sessions on Friday, October 12, 2018. Anna Butler approached Mayor and Council to speak on Cruises to Nowhere, LLC, 3 Old Highway 80. Mr. Shaw stated an application was submitted to the Planning Commission, which was not a complete application. The Chairman of the Planning Commission recommended the item not to come back to the Planning Commission until a very complete application to include a full package of all requirements is presented to Staff. The owners did submit another application and is working the Georgia Department of Resources (DNR) as they need a marsh buffer delineation. This item should be on the agenda for the November Planning Commission meeting and will be on the agenda for Mayor and Council consideration on December 13, 2018. Mayor Buelterman clarified Mayor and Council are not voting on the approval or disapproval of the cruise ship as it needs to be heard by the Planning Commission.Ms. Butler read from a prepared statement point out the following issues: The size and scale of the casino ship in relationship to both the existing character of the Maritime District as well as the structural capacity of the existing dock and the capacity of Lazaretto Creek Public Safety to include increased traffic at existing dangerous intersections, boaters, dock safety and bridge safety Hurricane safety Ms. Butler stated there are additional concerns such as environmental concerns from the impact of the ship on the marshland along the sides of the Creek and the sea life within the Creek waters. Mayor Buelterman thanked Ms. Butler for her presentation and concerns. Wanda Doyle made a motion to approve the consent agenda.Monty Parks seconded. Vote was unanimous, 5-0. Public Hearings Zoning Variance, Consideration of Setback Encroachments for New Single-family Dwelling. 9 Naylor Avenue. PIN 4-0002-03-012. Carmela Aliffi and Jane Fishman. George Shaw approached Mayor and Council. Mr. Shaw stated the petitioners have requested a variance for a small lot on the corner of Naylor and Wilson. It is an undersized lot in the R-1B District and have previously been before Mayor and Council to ask for a variance. He continued, they want a slightly larger home and during the design phase, they found they needed an additional variance. At the Planning Commission meeting, they revised their request for a 5’ setback on Wilson and 11’ setback on Naylor to leave the already approved 6’ setback from Wilson and now asking solely for an 11’ setback from Naylor, which is a 9’ difference from what is required. Mr. Shaw stated the Planning Commission voted 3-2 in favor of this request and Staff has recommended approval. Carmela Aliffi approached Mayor and Council stating the biggest difference is they have decided to keep the two trees, pine and oak. Daniel Snyder, Architect, stated the house is being engineered so footings of the residence will protect the trees and the drainage will be such as to water the roots of the trees. Monty Parks made a motion to approve. Wanda Doyle seconded. Vote was unanimous to approve, 5-0. Special Review, Consideration of Building into the “Toe of the Dune” Line; 2 8th Place. PIN 4-0006-02-001. Stephen and Annette Friedman. Monty Parks recused. George Shaw approached Mayor and Council. Mr. Shaw stated the Friedman’s have a home at the end of 8th Place, facing the beach, and the dunes are now coming to the base of the home. They are requesting to push the dunes back approximately 30’ away from their home. He stated Staff recommends only 10’ to protect the structure. Planning Commission recommended denial for the submittal with a 4-1 vote. Ms. Doyle asked Mr. Shaw to confirm the property line is approximately 60’ or more behind the residence. Mr. Shaw confirmed. Ms. Livingston stated Mr. Friedman would like to push the dune that is against his house out where the next dune field is located. Mr. Shaw confirmed. Mayor pro tem Brown stated the sand dune that is encroaching their home, if pushed back will fill in the gap that is currently in place and does not see a problem in what the Friedman’s would like to do. Mr. Branigin stated the issue of 30’ is largely irrelevant as the Friedman’s are asking for permission to work with DNR to have a solution. He does not see why the City needs to get involved in prescribing the solution as DNR might recommend another solution. Mr. Shaw confirmed and stated this is just a step in the process the Friedman’s are going through with DNR. Mayor pro tem Brown spoke of an example with a resident on Chatham Avenue where they worked with DNR for a solution. The sand was moved back on the beach and a dune was built. Mr. Hughes reminded Mayor and Council this request is for Special Review, and there are different standards applicable to one as opposed to the other requests on the agenda for public hearing. Ms. Doyle clarified with Special Review, Mayor and Council can impose conditions if needed. Stephen Friedman approached Mayor and Council. Mr. Friedman commented Mr. Branigin stated the issue correctly as there are two issues. One being the dune has gradually over time moved against the side of their home. The toe of the dune line is in fact the wall of their home. The second issue is the property immediately to the west has a severe flooding problem with any significant rainfall. Mr. Friedman submitted a plan to DNR which recommends moving the dune and installing a pump and catch basin system to pump the water to underneath the moved dune. Mr. Friedman stated the high water mark is 564’ away from his home and there are three dune structures they do not have any intent to move, only the one against their home. He continued DNR marked their property as 100% jurisdictional delineation. Mr. Friedman stated as a result, he has filed a lawsuit with the DNR. He reminded Mayor and Council DNR has a hard and fast rule they will not formally consider his application until they, Mayor and Council, approve his request to move forward with negotiations with DNR. Demery Bishop, Chair, Planning Commission, approached Mayor and Council. Mr. Bishop stated at the recent Planning Commission meeting there was tremendous discussion concerning Mr. Friedman’s request. As presented to the Planning Commission, it was as Special Review. As Special Review, by Code, requires there be federal, state and local requirements present in order to alter or move or change the dune structure in any way. He continued, the Planning Commission considered that and as a result, the Commission did not feel all the items have been met. Mr. Bishop agrees with Mr. Branigin in that Special Review is what the Planning Commission is about and that is to make a decision as to whether or not there should be a change that would be not to a detriment but to a benefit to the landowner. Clearly having been at that property prior to the Friedman’s ownership, the dune has been encroaching for some time and is a problem. Mr. Bishop stated the relocation of the dune was not acceptable by the Planning Commission and in this instance, from a planning perspective, would be to the benefit of the property owner and to the City of Tybee to allow this. It was the undertone of the Planning Commission even though the motion of the Planning Commission was to deny. Ms. Doyle confirmed a letter from DNR stating what Mr. Friedman needs has not been received and will not be received until such time as Mayor and Council approve moving forward. Mr. Hughes stated Mayor and Council can approve the Special Review Application but the work cannot occur until DNR issues a permit and then be entitled to a permit from the City. Barry Brown made a motion to approve. John Branigin seconded. Vote was unanimous to approve, 4-0. Monty Parks returned to the City Council Meeting. Zoning Variance, Consideration of Building in Front Setback, 1307 5th Avenue. PIN 4-0011-05-015. Ronald and Carlette Calloway. George Shaw approached Mayor and Council. Mr. Shaw stated the Calloway’s currently have adjoining lots and one home is a small cottage on the ground and has severely flooded on several occasions. The request is to remove that building and rebuild using the setback the other building has, which is approximately 9.5’. The required setback is 20’. Staff feels this request does not meet the City’s variance ordinance requirements, as it is still a buildable lot without a variance. The Planning Commission voted 3-2 to deny. Mr. Shaw confirmed with Ms. Doyle there is no hardship and the petitioner could build a home on the lot. Mayor pro tem Brown stated the petitioner is trying to build a front line in the exiting footprint, which has been done on several occasion in the past. Ms. Livingston confirmed the variance is just for the front setback. Mr. Shaw confirmed. Mr. Parks stated if a residence is destroyed, the owner can rebuild in the existing footprint but if the residence is voluntarily torn down you must meet Code. For clarification, there was a lengthy discussion regarding the rebuilding of the house in the existing footprint. Mr. Parks stated he is not in favor of this, as the petitioner needs to follow Code. Mr. Calloway approached Mayor and Council. Mr. Calloway stated they have two lots and have a three bedroom raised house and a cottage. They originally lived in the cottage and built a raised house. In 2005 when the house was finished, it was pinned together with the cottage and was used as a fourth and fifth bedroom. This was also used for a ground level bathroom and kitchen for the outdoor area. Reason for building the new house, Mr. Calloway stated, is he needs a 33’ x 50’ area to build a house with an elevator. Mr. Calloway stated he does not want to cut down the tree on his property and presented two letters from neighbors stating they are in favor of keeping the tree. Barry Brown made a motion to approve. Wanda Doyle seconded. Voting in favor were John Branigin, Wanda Doyle and Barry Brown. Voting against were Julie Livingston and Monty Parks. Vote to approve, 3-2. Consideration of Ordinances First and Second Reading, 17-2018, Sec 66-11, Dockless Scooters. Wanda Doyle made a motion to approve. Monty Parks seconded. Vote was unanimous to approve, 5-0. Julie Livingston made a motion to adjourn to executive session to discuss litigation and personnel. Wanda Doyle seconded. Vote was unanimous, 5-0. Julie Livingston made a motion to return to regular session. Wanda Doyle seconded. Vote was unanimous, 5-0. Monty Parks made a motion to adjourn. John Branigin seconded. Vote was unanimous, 5-0. Meeting adjourned at 8:50PM. ________________________________________________________ Janet R. LeViner, CMCJason Buelterman, Mayor Clerk