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HomeMy Public PortalAbout20031211CCMeeting1 1 Meeting of 2003 -12 -11 City Council Minutes Mayor Walter Parker called the December 11, 2003 City Council Meeting to order at 7:00 PM. Those Council members present were Jimmy Burke, Jack Youmans, Whitley Reynolds, Jason Buelterman and Richard Barrow. In addition, City Attorney Edward Hughes was also present. City Manager, Bob Thomson, was out of town and did not attend. Rev. Otto Immel of All Saints Episcopal Church gave the invocation and everyone recited the Pledge of Allegiance. Mayor Parker presented all of the Council members with a City shirt and a plaque recognizing them for their service to the City. As Mayor Parker had a cold and his voice was not very strong, Dee Anderson read the plaque and gave them to Jimmy Burke, Jack Youmans, Whitley Reynolds, Jason Buelterman and Richard Barrow. Walter Crawford was not present and Parker said he would see that Crawford received his. Mayor Parker thanked them all for their hard work for the past two years and said the City appreciated their service. Parker also thanked City Attorney, Edward (Bubba) Hughes for his service. Anderson then read a letter from Brian L Daly commending and thanking the Tybee Island Police Department for their efforts in fmding a lost child on Halloween Night. (Copy included in these minutes) Paul DeVivo requested a Special Event Permit to hold a Christmas Parade on December 13, 2003 at 10:30 AM. DeVivo said the parade will start at City Hall and end at the pier. All are invited to participate. The only service needed will be some traffic control and Chief of Police Price said there would be no problem. Santa will be there too! Mrs. Fran Harold requested an extension on her permit to build a crossover at 3 Ship Watch Lane. She said the City issued a permit a year ago and because of delays with DNR, the construction has not begun. Walter and Linda Seidel brought back their request to purchase a parcel of City owned land at 5th Avenue They provided a copy of an appraisal, which had been required by the Council. George and Mary Chandler requested a Business License to open a Beach Rental Stand at the end of 19th Street. Chandler said he had stands at 16t, 17th and 18t Streets and would like to expand his business. He said since they have added parking and a lifeguard there, he thought it would be a good place for an additional stand. Dr. Maggie Keenan, a History. Researcher, spoke on Lazaretto Creek. She said she was not here to express any kind of opinion but just give a brief documented history of the area. She said there was an abandoned cemetery and said according to State Code 36 -72 -1, it superseded property owner' s rights. She said there still are a few markers so they are not just random graves. Keenan said she hoped this information would influence further research before allowing any construction. Burke said he thought the land in question was North of the old road. Youmans said he thought the South part of the property was filled in years ago. Burke agreed. Mayor Parker announced that the Savannah Morning News failed to advertise for our Special Budget Meetings in time, so the dates have changed. These meetings will Page 1 of 5 1 held here at City Hall at 7 PM December 17, 2003 for the first reading and on December 30, 2003 for the second reading. Tom Mahoney said that he represented the developer who wanted to build condos at Lazaretto Creek. Mahoney disagreed of the placement of this item on the agenda because he said it was old business and not new. He said this request had been through all of the requirements, Planning Commission and City Council, where it died for lack of a second. Mahoney said he would like to take it up now. The height has been reduced even further, to 10 feet. He said there was a lot of emotional opposition to this project. He said the records in Chatham County Court House do not reflect any graves. He urged Council to grant a variance and not require them to wait 6 months or start all over. Mr. Hughes, our City Attorney, said he disagreed with Mr. Mahoney' s interpretation of where we stand. Hughes said plans have been amended by reducing the height to 10 feet over the requirement. This would be a substantial change. Hughes said there is an existing structure on the property, and as our Code is now, only one principal structure per lot or parcel is allowed. This would require a Text Amendment. Hughes said he feels this should all be done at once and not take a chance that part of it would not be approved. It also would have to meet the advertisement requirement. If this is considered the same application it cannot be taken up tonight because they would have to wait 6 months to reapply, if it is a new modified application, it needs to start over to do it right. Hughes added that this would be in the best interest of the City. Mayor Parker opened the meeting for business legally presented. Buelterman motioned to deny the request for site plan approval at Lazaretto Creek and have them go back to the Planning Commission with the changes, Barrow seconded. Mahoney said that they could not get the new information to the PC and have it advertised in time for this meeting. Hughes said they should ask for a text amendment at the same time. Vote was 3, Buelterman, Reynolds and Barrow, in favor of denial, and 2, Youmans and Burke, opposed. James Moore, Skipper of the Marine rescue Squadron, thanked the Mayor and Council members for of their help and support in the building of their new meeting place. Moore gave each of them a small gift of appreciation. Dick Smith said that before he began presenting the requests from Planning Commission, he would like to thank the Mayor and Council for allowing him to serve the City for the past 2 years. Mayor Parker said he would like to thank Smith for his leadership and for being fair and polite to the petitioners. Parker said he would also like to thank the Planning Commission members for their service and thought they were as good as any we have ever had. Mayor Parker opened, asked for comments and closed the following public hearings, according to law. Smith presented the request for a Hotel, Condo and Retail space site plan for Southeast Marketing at 210 Butler Avenue, PIN 4- 4 -8 -4. Smith said originally the PC had some concerns and tabled the request. He said their concerns had been addressed satisfactorily and Downer Davis, Engineer for the City, had approved the water /sewer system and the drainage plan. Smith said the PC had voted to approve. Buelterman said that he had received some complaints from citizens regarding the location of the dumpster. Buelterman wanted to know if it could be placed somewhere else so that it would no interfere with some of the neighbors. Gary Sanders, Architect on the project, Page 2 of 5 1 1 1 said that h had met all of the requirements. The dumpster is behind a door and vents through the roof; there was just no other place to put it. He said this a "step" building, with each floor meeting the setback requirement for its particular use. Barrow said as a neighbor, he had concerns about delivery trucks and where they would park. Barrow asked if they knew what type of businesses would be occupying the ground floor. Sanders said yes, they would be clothing shops. Sanders said that the parking was being reorganized and an entrance was being left for trucks. Henry Levy asked if a variance was being requested on Butler Avenue. Levy said when the median is reinstalled, we will need all the space we can get. Mary Ann Bramble, of 215 Lovell Avenue, voiced her concern of the dumpster located just across the street from her residence. She said the odor, scattered trash and large garbage trucks will be right at her front door. She asked the builds to work with neighbors and added that no one wants garbage in their front year. Richard Kautzman, also a neighbor, said he really didn' t have a problem but was concerned about the greenspace requirement and if it was being met. He was assured that the 65% requirement was being met. Burke asked if the ordinance required the property owner to retain his own water. Dee Anderson, Zoning Administrator, said that this system has underground chambers to hold drainage water. Davis said that he had the developer change his plans three times in order to comply with our regulations. Davis said this plan does meet our requirements and will present no problem to the adjacent property owners. Barrow said he would like to see masonry fencing, so that to keep everything inside. Smith presented a request for a 6 ft. variance in the front setback for Raymond Pagan, at 169 Lewis Avenue, PIN 4- 16 -3 -4. Smith said the PC approved the request. Smith presented a request for a site plan approval for Arts, Crafts and Sales/Flea Market area for Stacye Smith at 719 -725 First Street (Hwy 80), PIN 4 -3 -2 -3 and 11 & 13. Smith said the PC approved the request. Burke asked what would be done. Smith said there would be arts and crafts sales in tents. There is also a structure on the property that will hold 7 small vendors and there will be 3 to 4 outside. Restrooms are on site and the area will be handicap accessible. Smith presented a request for a variance to install a swimming pool in the front yard for Evelyn Ballinger at 119 Pulaski Street, PIN 4- 1 -2 -2. Smith said it would not be in the front setback. He said the PC approved the request. Smith presented a request for site plan approval to place an ATM for Bobby Chu at 725 First Street (Hwy 80), PIN 4- 3 -2 -12. Smith said this would be a walk -up or drive - up machine. He said the PC approved the request. Smith presented a request for a minor subdivision of 1 lot into 2 lots for Richard Evans at 103 17th Street, PIN 4- 9 -2 -4. Smith said this property is in the C 1 Zoning District. He said the PC approved the request. Buelterman motioned for approval of the sale of property to Walter Seidel, Reynolds seconded. Vote was unanimous. Reynolds motioned for the approval for additional beach rental stand for George Chandler at 19th Street, Youmans seconded. Vote was unanimous. Burke motioned for approval for site plan at 210 Butler Avenue, Reynolds seconded. Buelterman asked that they address the dumpster and delivery issues. Barrow questioned the multiple use and greenspace issues. Hughes said that all of these uses are Page 3 of 5 1 1 allowed in the C1 District. Vote was 3, Burke, Youmans and Reynolds, for approval and 2, Buelterman and Barrow, opposed. Burke motioned for approval of the arts, crafts and flea market at 719 First Street, Youmans seconded. Vote was 4, Burke, Youmans, Buelterman and Barrow, in favor and 1, Reynolds, abstained. Youmans motioned for approval for the 6 ft. setback variance for 169 Lewis Avenue, Burke seconded. Vote was unanimous. Youmans motioned for approval for the swimming pool in the front yard at 119 Pulaski Street, Burke seconded. Mayor Parker said he had received a letter and a telephone call opposing this request. Vote was 4, Burke, Youmans, Buelterman and Barrow, in favor and 1, Reynolds, abstained. Buelterman motioned for approval for the ATM to be installed at 725 First Street, Burke seconded. Vote was unanimous. Youmans motioned for approval of the minor subdivision at 103 17th Street, Burke seconded. Vote was 4, Burke, Youmans, Buelterman and Barrow, in favor and 1, Reynolds, abstained. Mayor Parker said that the City had been working with Ed Siegmund, who is with the RDC, reviewing some of our ordinances and requirements in the Land Development Code. Parker said Siegmund had requested that the City pass a resolution stating that no changes would be made to the LDC until he can present his recommendations. Burke motioned for approval of the resolution, Youmans seconded. Vote was unanimous. Reynolds motioned for approval of the minutes for the November 11, 2003 meeting, Youmans seconded. Vote was unanimous. Dee Anderson presented the change in the Retirement Plan, Section 2 -4 -51, to add the Human Resource Director to the Pension Committee. Buelterman motioned for approval, Burke seconded. Vote was unanimous. Burke said that he would like to urge the new members of the City Council to keep working on ways to conserve water. He said we possibly would exceed our allotment next year if something were not done to reduce our use. Buelterman asked if he had any recommendations. Burke said quit allowing meters for irrigation only, replace old lines and encourage conservation. Buelterman asked what the status was on shallow well installations. He said the City Manager should investigate getting someone to do the work and report back to Council at the first January meeting. Dee Anderson request approval for 2.1% COLA pay increase for all City employees. He said this increase will be effective on the 2nd pay period in January 2004 and was included in the budget. Youmans motioned for approval, Reynolds seconded. Vote was unanimous. Buelterman motioned for approval for the extension of the Dune crossover permit for 3 Ship Watch Lane, Barrow seconded. Vote was unanimous. Reynolds motioned to go into Executive Session to discuss litigation, Burke seconded. Vote was unanimous. Burke motion to return to open session, Reynolds seconded. Vote was unanimous. After reconvening open session, Mayor Parker adjourned the meeting, as there was no further business. Page 4 of 5 1 Clerk of Council 1 1 Page 5 of 5 Mayor Walter W. Parker