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HomeMy Public PortalAbout20050908CCMeeting1 1 @ @ITEM 2005 -09 -08 City Council Minutes Mayor Walter Parker called the September 8, 2005 Tybee Island City Council meeting to order at 7:00 PM. Those present, in addition to Mayor Parker, were Council Members Eddie Crone, Mallory Pearce, Shirley Sessions, Paul Wolff, and Jack Youmans, City Attorney Edward Hughes and City Manager Bob Thomson. The Tybee Memorial Color Guard posted the Colors and everyone recited the Pledge of Allegiance. Rev. Hale Bishop of Trinity Chapel Methodist Church gave the invocation. Mayor Parker asked Julia Pearce to help him welcome the King of Owerri West, Nigeria. Pearce introduced King and Lady Muruako to the citizens of Tybee. Mayor Parker presented the King with an official framed Certificate of Welcome. Mayor Parker also gave the King a painting by Ron Dugger, of the Tybee Lighthouse. The King thanked the Mayor and said he had some gifts for the Mayor. He gave the Mayor a framed Facilitation from the people of Owerri. He also gave him a small bust of a Nigerian woman. The King then gave Mayor Parker two cola nut seeds as a sign of love and friendship. Mayor Parker told everyone that one of our Council Members was not here tonight. He said Jason Buelterman was in New Mexico and had adopted a baby girl. He said Buelterman and his wife were on their way back home but could not get here in time to attend the meeting. He said we all send our best wishes to the Buelterman family. Mayor Parker said the next order of business was to present a Proclamation to Johnny Jarvis. Parker said that Mr. Jarvis was unable to be here as he had fallen and his doctor had advised him to stay at home. Parker addressed Mr. Jarvis through the television camera and read the Proclamation declaring September 8, 2005 as Johnny Jarvis Day on Tybee Island. Mayor Parker urged Mr. Jarvis to get well soon. Mayor Parker asked City Manager Bob Thomson to read the proclamation declaring September 1 as "A Day to Remember ". Parker asked former Council Member Jimmy Burke to come forward and introduce two very special young men. Burke introduced Brett Brannen and Joseph Lee, who worked for Burke on the beach renting chairs and umbrellas. Mayor Parker presented them with a Certificate of Appreciation for their heroism on the beach on June 2761. Parker said there were other people who were involved with this attempted rescue, but he especially wanted to recognize these two young men. Mayor Parker presented a Certificate of Appreciation to Paul and Paula DeVivo for their contribution to the Sally Pearce Nature Trail. He said he also had a certificate for Tommy and Frances Clark but they were not present. He thanked these people for their generosity. Jimmy Brown addressed the Council on the City's relief efforts to aid the victims of Hurricane Katrina. He said non - perishable food items could be dropped off at City Hall during regular working hours and would be taken to the Second Harvest Food Bank for distribution. He said he had already delivered some items, ten cases of bottled water, eight boxes of assorted food items, and 4 boxes of assorted can goods. He announced there would be a blood drive on September 15`11 at the Youmans- Solomon Gym to help those in need and they would also be collecting items. Brown said the Tybee Fire Department would also hold a boot drive at the Post Office on 1 of 14 1 1 1 September 17th to benefit the firemen in Slidell, La. Council thanked Brown for a job well done. Russell Bridges asked Council to consider allowing him and his wife to purchase a business license to park cars in their yard at 10th Street and Butler Avenue on special weekends and during some special events. He said people park there anyway and leave trash when they leave. He said they would not operate in competition with the City and only open when the City lots are full. He said they would work with the church across the street and share the proceeds with them. Sessions asked if this should be in ordinance form and if this would have to be open to others. Hughes said it would be better. Hughes said Augusta, Georgia has the same problem during Masters Week. He said he would like to check with them and fmd out how they handle it. Wolff said he would agree the no precedent be set and also that a business license was needed. He also agreed that Hughes should check with the other city. Bill Lovett from Hussey, Gay, Bell, & DeYoung Engineering Co. spoke to Council regarding the bids on the Butler Avenue Water Line Project. He said the bids were opened on September 2 °d Lovett said Garrey Construction Company out of Kansas City was the low bidder at $3,304,285. Lovett said they recommend that the City award the contract in that amount to Garney with the provision that at the same time, a change order of $200,000 or more, be executed to reduce the contract. He said they had talked to Garney and they have ideas where that amount can be cut out of the contract. Sessions said at the Water /Sewer Committee meeting at 6:00 PM today, this item was discussed at length and the members of the Committee agree with the recommendation. Dick Smith spoke to Council about short term rentals in residential districts. He said we have a problem all over the Island. He said he was not talking about the commercial areas. He said about two weeks ago there was a party across the street from him. He said there were about 25 people and they partied until about 12:30 AM. He said he called the Mayor three times, and also called the Police Department, but nothing was done. He said he would like Council to see if the City Attorney can draft an ordinance to control this type of party in residential areas. He said earlier in the Summer, one fraternity held a party on the Island and had rented 14 or 15 houses. Smith said at 4:30 AM, taxis were delivering these kids to the same house across the street. He said it is very difficult to sleep under these conditions. In answer to a question from Pearce, he said the Police did not cite the people involved, as far as he knew. Smith said the police came every time they were called. He said the music was turned down for about 15 minutes afterwards, and then turned right back up. He said several other neighbors also called the police. Some of the neighbors have young children and of course they couldn't sleep. Smith said it is not all of the companies that rent property. He said some of them will not rent for parties, no matter what kind it would be. He said this particular house has two queen sized beds in each of the five bedrooms and they can sleep a lot of people. Sessions asked Thomson if the police kept a list of complaint calls on certain addresses. Thomson said yes, they do keep a log. He asked Hughes if a certain number of complaints are logged in on a particular address, can they be fined or cited as a nuisance. Hughes said there is nuisance provision on the books but didn't think it was related to a specific number of calls. Hughes said he thought there were ways to control the number of occupants but it is a tough problem. Smith said this is not the first time they have had problems. Smith said when Ms. Sessions wanted to open a Bed & Breakfast, she had to go through and comply with every requirement. These rental houses have no requirements and are totally uncontrolled. He said he thinks it is something we need to look at. Parker asked if Council thought this should be referred to the Planning Commission. Sessions said we have had a similar discussion before. She said there are rental agencies that do a good job in controlling their tenants and there are some that don't. She said we also have individual home owners that rent property. She said the only things in code that are controlled as far as occupancy and parking requirements, are hotels, motels, and bed and breakfast. Parker asked if Council was in 2 of 14 1 1 1 agreement to have the PC look into this issue. Youmans said rental properties are not the only problem. He said Tybee people are some of the noisiest people in the world when they party. Sessions agreed with Youmans, and said she didn't think is was just about the noise. Smith said it was more about the quality of life and the lack of respect to the people who live here. Sessions asked Thomson to check with the police and see if they actually do keep a log of complaints. Katrina Murray from the Tourism Council requested approval from Council for fireworks on December 31, 2005 at the stroke of midnight. She said it would be a brief five minute show and nothing like the show on the Fourth of July. Murray said this would benefit local businesses as an added benefit to their celebrations. She said the City, as a co- sponsor, would donate City staff at a cost of $352.12. Wolff said he thought this was a good idea. Sessions asked if each department involved would take the funds out of their budget. Murray said she understood that since this is at the end of the year, most budgets would be depleted and so the funds would come from a reserve account. Sessions asked if the department heads signed off on this event. Jan Fox said that they would not have the funds available and did not agree for the funds to come from their budgets. Sessions asked Thomson where the money would come from. Crone said if we are going to have this much trouble, he would donate the $352.12 for the fireworks. Crone said leave the City out of it and he would take care of it. Ron Boyette from the Striders Track Club requested approval for the 131 Annual Tybee Marathon, which is scheduled for February 3 and 4, 2006. He said the venue is the same as last . year, with a limit of 3000 runners. He said they are asking for parking passes for participants and will have shuttles from the parking lots to the starting line. Mayor Parker asked where the parking would be. Boyette said they plan to use the north and south parking lots, some will be at the 4 -H Camp, and they have contacted the churches and hope to use the area adjacent to the Police Department. Wolff said he thought they had done a good job with the parking and plan to use color coding so that the runners who will finish first will be parked so they will be able to leave easily. Gene Kindrick, Commander of the American Legion Post 154 on Tybee Island, told Council they plan to host the celebration of September 11th along with the City. He said the event will be held in Memorial Park, at 1:00 PM with a covered dish lunch. Kindrick said they will also have hot dogs and drinks. He said after the ceremony, they will have a Flag retirement ceremony in front of the Fire Station. This will be done by the American Legion Post 184 from Thunderbolt. Kindrick said he would like to extend an invitation to everyone. Kellie Lewis, Director of the Tybee Marine Science Center, said she would like to commend Jimmy Brown for the work he is doing with keeping them informed about the hurricanes. She said she didn't know what they would do without him. Lewis said the MSC has had a wonderful year so far. She said education revenue is up 35 %, gift shop revenue is up 11 %, and admission revenue is up 47 %. Lewis said the current facility is not suitable to their needs any longer and they are looking for a new location. She said it is critical that they maintain a beach front location and the best place she has found so far is the North Beach Parking Lot. She said this area has a better dune area, which would be conducive to teaching. She said it is a quieter location and better for education. She said there is also a potential partnership with the Tybee Lighthouse. Lewis thanked Council for their continued support. Lawanna Tsoulos reminded everyone of the Big Band Boogie on September 17th on the Pier. She said Laurel Brady was here tonight selling tickets if anyone needed them. Pat Locklear requested that the City adopt local soldier Jason Ball's Company in Iraq. He said 3 of 14 1 1 1 Jason is a captain in the Infantry and is serving as an engineer in A Company of the 648th Task Force Engineers Battalion. Locklear said he thought it would be a good thing to show our support for the troops in Iraq. Mayor Parker asked that he get the information to Council. Lawanna Tsoulos said that Tybee has had the Adopt a Soldier campaign for three years and perhaps they could partner with this. She said people are more than willing to donate items for this but the shipping in very expensive. Tsoulos said she would meet with Locklear and work out some details. Patrick Flynn said he had just bought the tram on the Tybee Island. He thanked the City and Thomson for allowing him to park on the City parking lot. Flynn told Council the tram was available for the City's use any time it was needed. Wolff thanked Flynn for taking the Water First Committee around when they were here a couple of weeks ago. Jeff Schroeder asked Council for parking relief on 17t Street as he never has any parking in front of his house. He said the condo developments in his area have taken up all of the parking. He said the two meters in front of his house are always taken by visitors or guests of the condos. Schroeder said he didn't think it was too much to ask to be able to park in front of his house. Parker asked Council if they would like for Thomson to meet with the Parking Director and work this out. Youmans said at one time someone requested parking and was told that the streets belonged to everyone. Sessions said she thought some resident only signs had been installed in some areas. Thomson said he would see what the procedure was and how they were put up. Kathryn Williams from Tybee Beautification Assn. invited everyone to join them in a Beach Sweep on September 24th at 10:00 AM. She said they are giving free T -shirts and a hot dog lunch afterwards. She said to meet at the pier. Mayor Parker said he would address the audience if he could be given a personal moment. Parker said there were rumors that he was leaving Tybee Island. Parker said that is not true at all. He said he and his wife had an opportunity to sell their house and they would be moving around the corner, probably after the first of the year. He said later they would probably build on the West side of Chatham County, near their daughter, so she could take care of them. Mayor Parker opened the public hearings, asked for comments, and then closed them. Dick Smith, Chairmian of the Planning Commission, presented the request for a variance of 2.7 ft. in the side setback at 615 Second Avenue, PIN 4- 0005- 12 -TBD, for The Cottage Company, petitioner. Smith said this was an after the fact request for a chimney. Harold Yellin an attorney said he was representing the owner. He said this variance is for a chimney that is 2 '/2 feet by 5 feet. He said this petition for a variance was filed before the ordinance was changed regarding after the fact variances. Yellin said this is just a mistake. The plans met all of the requirements and always showed the fireplace, the construction has passed all inspections, and the mistake was not discovered until it was too late to change. He said the 2' /2 feet encroachment in the setback on one side, is found on the other side of the house. He said the footing in the chimney is part of the support for the house. Yellin said it was a mistake, whether by the builder, surveyor, or who, they did not know. Yellin said it does not go down the length of the house but only 5 feet, the width of the chimney. He said the owners would be willing to pay a fine, contribute to the Palms Up Fund, or whatever Council wanted. He said this was not intentional. Wolff said he had received an Email from Scott Efird, stating that they would not develop the lot on the corner of 7th and Jones Avenue. He asked if they would be willing to have a deed restriction be placed on that lot. Yellin said he was not familiar with that Email and he said he didn't know if it was fair to tie the two together. Youmans asked how long it took to complete the bricks on the chimney, Efird 4of14 1 1 said about two weeks. Youmans said he couldn't understand why the inspectors didn't find that the chimney was over the setback line. He said this is not the first time this has happened. Pearce asked Hughes to comment on a fine or contribution to the Palms Up Fund. Hughes said the issue of a fine would be up to the judge in the event a citation was issued. Hughes said you could recommend the issuing of a citation and it would be up to the court to determine whether it is strict liability law or one that requires intent. He said you can't condition granting a variance on a contribution to the Palms Up Fund or dedicating property or other things of that nature. Sessions said we require an as built inspection after the construction is complete, and asked if there were other municipalities that require an inspection when the foundation is complete. Thomson said they do an inspection when the footings are complete. Crone said there was an incident in Eagles Nest about one and half years ago, and the Zoning Department promised it would never happen again. Mack Kitchens, a local builder, told Council that if he ever made a mistake, he hoped Council would give him the same consideration that they are giving Efird. Smith said he failed to inform Council that the PC denied the request. Mayor Parker closed the public hearing. Mayor Parker said some of his papers were covered and he failed to recognize some people earlier. He asked Chuck Bargeron to stand and be recognized. Parker said Bargeron had successfully completed the University of Georgia's Level II Masters Certificate Program of the Georgia Association of Code Enforcement. Parker said this is quiet an accomplishment and shows Bargeron's dedication to his work. Mayor Parker said he had received a letter from the Southern Playgrounds commending everyone who participated in the Jaycee Park Community Build on August 13t. The letter stated they don't always have such a cooperative group when they install playground equipment. Southern Playgrounds said that they want to thank all of the volunteers for their great effort. Smith presented a request for a conceptual site plan approval for 211 Butler Avenue, PIN 4 -0004- 08 -004, Jeff Cramer for Diversified Design, petitioner. Smith said this is a plan for 45 units and was redesigned after being denied by the PC in July and has included a 20 ft. buffer between the ,residential area. Smith said this is a gray area in the Code. Smith said this plan meets all of the ordinances and requirements. He said the PC voted to approve. Wolff said he understood in the ordinance that a 20 ft. buffer is required between a commercial zone and a residential zone. Wolff said on the Lovell Avenue side and Third Street, there is only a 10 ft. buffer. Smith said the streets were considered. Wolff asked Hughes for his opinion. Hughes said this has come up before, and his ruling then was that the streets are part of the buffer. Hughes said some people took issue with that but no one has changed it. Smith said there was also a concern by the neighbors about the dumpsters and they are now enclosed. Pearce said he noticed that they plan to use exotic palms and suggested they use native plants. He said they will grow better, and Cramer agreed. Sessions asked about the entrances and exits. Cramer said this is a very large lot. Cramer said they have over the required 90 parking spaces and two 2 -way driveways. He said they are not open to Butler Avenue. Sessions asked if the storm water plan had been approved and if there was a letter. Dee Anderson said it had been approved by Engineer Downer Davis and he showed Council a copy of Davis's letter. Cramer said there is a 20 ft. setback in the front and 10 ft. on each side. Rachel Perkins said she was not speaking for or against the project. She said some of the trees on the property were small live oak trees and she hoped, as according to our Code, they would be mitigated with like trees. Kathryn Williams asked why power point presentations had not been continued as they were some time ago. Thomson said he would address that with staff. Williams said her next concern was with the bicycle traffic on Lovell. She said with bicycles being prohibited on Jones Avenue, there will be more on Second Avenue and Lovell, and with all of the cars from 45 condos on Lovell, that it would not be safe. George Weeks said he lives right across from this site and years ago the man who ran it as a parking lot 5 of 14 1 1 said he could park about 50 cars. He said it seems like we are trying to do too much. Mary Ann Bramble said she also lives across from this site. She said she has a twelve year old son who rides his bike and skateboard on this street. She said she has been against this project from the beginning. She said she knows something is going to be built on this lot but they have to consider the neighbors. She said they will be parking all around and on other people's property. She asked that Council look at the ordinances before approving this plan. Richard Barrow said this is the fourth time he has been here regarding this property. He asked that Council hold people to the letter of the law. He said they need to be held back on the impact to the neighbors during construction and after. Pamela O'Brien, asked what the zoning was for this property, Anderson answered it was C -1. Richard Kautzman, also a neighbor, said he disagrees with the drainage plan because this lot is high. He said fill was brought in when the DeSoto was built. He asked that this be tabled until the elevation was lowered. Kautzman said he would work with them but didn't want to be flooded. Cramer said they plan to bring out about 1 1/2 ft. of dirt. He said he definitely does not want to impact any neighbors. He said he plans on putting in swails and there is also a retention area. Anderson said the plan meets all of the requirements and they have to go by the topo they have now. He said he had assumed that is the natural grade and this is the first he has heard about fill. He said he would need all of the information about fill being brought in. Sessions asked if the PC had the engineer's letter. Smith said that Davis attended their meeting and they asked questions directly. Sessions asked that all information be included in their packets in the future. Mayor Parker closed this public hearing. Smith presented a request for a conceptual site plan approval for eight units and a variance of 10 ft. in the front setback at 11 Silver Avenue, PIN 4- 0008 -06 -035 for Jay Iocovozzi, petitioner. Smith said the other buildings on that side of Silver are similar in setbacks. He said the PC voted to approve the petition. Parker asked if this was on the North or South side, the South side was the answer. Parker and Wolff agreed there were not that many buildings on that side. Iocovozzi said that the other condo buildings along that street on both sides have been granted variances and if this was not approved, he would be 10 ft. further back and would have to eliminate front porches and have no view. Sessions said the setbacks were changed to 20 -10 -10 for a reason and if we are not going to enforce the setbacks then we need to change them back to 0 lot line. Jeff Schroeder said when other condos were built next to him, there was a problem with drainage. He said he wanted assurances that he would not have a problem with this project as he did before. He said he thought they should have to build a detention wall. He said he would be monitoring the drainage and the pile driving. He said he did not want any more cracked walls. Mary Ann Bramble also spoke against this project. Youmans said they have met all of the requirements regarding parking and drainage. Iocovozzi said he has the required parking and the drainage plan is on the site plan. Angel Schroeder also spoke against the project, saying this is a narrow lot and Silver was opened as a lane. She said there are no pipes for drainage. Mayor Parker closed this public hearing. Hughes said the next item would be the text amendment for the C -1 Zone that would require a special review for multi - family development. Hughes said we held a public hearing on this issue a couple of meetings back. He said no action was taken and this has been re- advertised. The proposal is to hold a special review for multi - family development to hold the project to the standards set forth in the special review ordinance. Hughes this would allow Council to have more influence on the density in this zone. Sessions said this item is not on the original agenda and this has happened before and she wants to make sure we don't get into trouble again. Hughes said he understands that this has been advertised in the newspaper, signs are posted all over the C- 1 District, and the agenda was amended a couple of days ago to include this. There was discussion as to when the amended agenda was given out. Parker said we had it on Monday or Tuesday, and asked Sessions if she is saying she would rather not have this tonight. Sessions 6of14 1 said no, that she was trying to say that we know this has been an issue in the past, it is not on the agenda, we pass something, and then people would come back, and we would have to throw it out. She said we also have a Council member absent tonight and that would have an impact on the vote. She said all of this should be considered. Parker said that this Council directed the Zoning Department to advertise and put signs up, so we knew it was coming back before us. Pearce suggested that the public hearing be held tonight and then to continue it at a subsequent meeting for the vote. Hughes said you have to hold the public hearing and if it is going to be continued, it has to be re- advertised and signs put' up for the next time it comes up. Sessions said she is ready to go forth, she just knew that the vote would be impacted tonight and wanted to give everybody the benefit of the doubt. Hughes said you could have as many public hearings as you want, but they have to be advertised. He said he doesn't want to advertise for a public hearing and then not have it. This would be first reading and we would have to have a second. Parker asked Hughes to read the amendment. Hughes said this is Section 1 of 8-4 -050 to delete Sub. Sec. E and add Sec. 2 B to require a special review for allowed uses in the Commercial Zone. He said these uses would include apartments, condominiums, townhouses, guest cottages, hotels, motels, time shares, tourist homes, bed and breakfasts, single family, two family, three and four family. In addition it would amend section 5 -070, the standards for special review, to list additional criteria that requires the Mayor and Council, before permitting one of these uses, make a finding that the propose use will not be contrary to the purpose of this ordinance. Also, that it would not be detrimental to the use or development of the adjacent property, the general neighborhood, or would adversely affect the health, safety, residents and workers. (Copy is included with these minutes.) Youmans asked what a special review would contain that we haven't done to these people tonight. Hughes said it would require standards on which to base the reduction in the number of units, in regards to increased traffic, infrastructure, or environment, and items of that nature. Youmans said how could someone sell a piece of property, if the buyer didn't know what he could do with that property. Wolff said he understood that this was rewritten to allow everything that is allowed now, with the exception of multi - family construction of over ten units. Hughes said that was a proposal but has not been put in the form of a motion or ordinance. Shell Solomon said he agreed with Sessions in regards to one Council Member's being absent on such an important item. He said he didn't understand how the exact amendment could be brought back after being defeated only one month ago. Solomon quoted State Code 36- 66 -4 -C with regards to zoning amendments. Solomon said a change this drastic, and that affects so many people, is the same as a zoning change in his opinion. Solomon also quoted Tybee's public hearing requirements with regards to notifying adjacent property owners. He said the traffic and parking problems are not due to condo users but day trippers. Solomon said it was unfair for people to spend thousands of dollars on plans only to have Council say you can't build that and then having to spend thousands more on something else. He said he thinks this is telling people we don't want you to invest in Tybee. Solomon said he also compared water consumption, which is another issue on Tybee, between small, occupied homes on Lewis Avenue and a beach front condominium building, the Sandpiper. He said he compared 24 units in each group at random, and found that the condo units used 31% less water than the residential units. He said the tax base, in his opinion, can only increase with condos, as the full time residents are covered under the Stephens -Day Bill, and their taxes are frozen. He said this would pay the bill for Tybee. Solomon said this proposal is making people think about selling out now or developing their property now. He said the C -1 area is a very small part of Tybee but brings in largest benefits. Solomon said if growth is limited the City is going to put itself in the hole and would have to come back in the near future to reverse some of the limitations in order to pay the police, as well as other employees, as well as other City services. Another gentleman addressed Council saying that he was unable to fmd out what the proposal was. Freda Rutherford asked Council to consider residents' rights in making a decision on this issue. Henry Levy told Council they were not setting standards with this proposal. He said he lives in a townhouse, which is a 7of14 1 1 1 condo by another name, and enjoys it very much. He said he has 14 ft. on the sides and 30 ft. in front in setbacks and can park five cars. Levy said if you are going to change, do it by adjusting setbacks, parking spaces per number of bedrooms, and number of square feet per acre. Levy said government should be of laws and not of men. He ended by saying that this is a terrible thing you are contemplating. Mayor Parker closed the public hearing. Rachel Perkins, a member of the Planning Commission and Chair Person of the Tree Committee, presented a request for text amendment for the Tree Ordinance, Section 7 of the Land Development Code. She explained that when she faxed the proposal, she failed to include the last two pages, which she handed out. Perkins said the changes are to try to make the ordinance more flexible. She said what they want to do is to protect the native hardwood trees and not only the live oak. She suggests allowing the use of these hardwoods for mitigation. Perkins said trees on public right of ways are protected. Perkins said she would like to add a purpose for the tree ordinance, in that it helps reduce global warming. She said a study she did several years ago confirmed that trees do help. She said one of the most important issues with the tree ordinance is that it needs to be enforced. She said trees are extremely valuable. Pearce asked if this was in proper form. Mayor Parker closed this public hearing. Mayor Parker opened the meeting for business legally presented. Youmans motioned for approval for the variance at 613 2m1 Avenue for the fireplace, Sessions seconded. Sessions said she is against variances except in extreme hardships, and doesn't vote for them very often. She said she is concerned that, in this case, the City may be at fault and may have somehow, overlooked this. Pearce asked if Youmans would accept an amendment to his motion to recommend that a citation be issued. Youmans refused. Vote on the original motion was 4, Youmans, Sessions, Crone, and Pearce, in favor, and 1, Wolff, opposed. Pearce motioned to instruct City staff to issue a citation to the developer of this lot. The motion failed due to the lack of a second. Youmans motioned for approval for the conceptual site plan for the development at 211, Butler Avenue, Crone seconded. Vote was 2, Youmans and Crone, in favor, and 3, Wolff, Sessions, and Pearce, opposed. Pearce said this petitioner has a right to build a condo and he would like to motion for a continuance for this to come back and answer the questions dealing with issues such as the trees, drainage, and other issues we didn't get answers to, Youmans seconded. Sessions said she would like to understand what issues we are not clear about. Pearce said one is the drainage, he said we didn't get very much information on that. He said Perkins raised some points about the trees and we need some answers on that, and there was some concern about the traffic and there may be some other answers to that concern. Mayor Parker asked if this should go back to the PC. Hughes said, since the PC approved the existing plan, that is probably an unnecessary step. He said it could be brought back to Council with the details you are lacking now. Sessions raised the point that there is an approved plan still existing and couldn't they use that one. Hughes said you could, if it is the same owner. Sessions said that for the record, personally she has nothing against condominiums at all, there is a place for them and she just thought they should be planned better. Sessions added that we have done a poor job of doing that. Crone said to tell the man what he needs to do before he comes back. Hughes said he understands that he should come back with details of drainage, trees, and traffic, if this is approved. Vote was 3, Youmans, Pearce, and Crone, in favor of coming back, and 2, Sessions and Wolff, opposed. Sessions motioned to deny the conceptual site plan for eight units at 11 Silver Avenue and a 10 ft. 8 of 14 1 1 variance, Wolff seconded. Wolff said as much as they have tried to get a handle on multi family development in that area, he thought the very least they could do is enforce setbacks that are in place. Vote was 3, Wolff, Sessions, and Pearce, in favor of denial, and 2, Youmans and Crone, opposed. Pearce motioned for approval for the text amendment to the tree ordinance, Wolff seconded. Hughes stated that this is for all of the sections. Vote was 4, Wolff, Sessions, Crone, and Pearce, in favor, and 1, Youmans, opposed. Pearce motioned to postpone the text amendment on C -1 uses, Sessions seconded. There was more discussion regarding the proposal not being written, letters not being mailed out. And people in general not knowing what is proposed. Hughes said you could have a public hearing without it being in written form, to find out what the consensus is, and then prepare the ordinance. Sessions asked if he was not concerned about the letters that didn't go out. Parker said we decided last time this issue was before us, that it would take so much time and be so expensive that we would just make sure there were plenty of signs posted. Youmans said if the City can't afford stamps to mail out letters, he would pay for it. Parker said it wasn't just the stamps, but the time involved, staff, and the letters would have to go out registered and some people wouldn't pick up their mail. Pearce said he liked some of Levy's thoughts and thought we should explore some of them. Wolff and Sessions agreed. Pearce said he would withdraw his motion and then explore some of the options that Levy suggested. Crone asked if they had to wait six months. Hughes said no, that law applied to rezoning property, and this is going to remain C -1. Hughes said this is a text amendment and in his opinion, that law does not apply. Sessions asked Hughes what he would recommend. Hughes said he would recommend that staff, the Planning Commission and he work on proposals that deal with some of the suggestions that we heard tonight, and then bring it back. He added that this the way this is supposed to work. Pearce withdrew his motion. Hughes said we could set the first meeting in October. He said the alternatives would be the number of units, ten or more; additional setbacks based on the number of units. Crone so moved, Pearce seconded. Smith said the PC meeting was Monday night. Youmans said he would like to make a motion that we send the property owners a letter, explaining when and why. Parker said we have a motion on the floor and we don't know what it is going to be. Vote was 4, Wolff, Sessions, Crone, and Pearce, in favor, and 1, Youmans, opposed. Mayor Parker called for a 5- minute break. Mayor Parker reconvened the meeting after the break. Sessions motioned to authorize HG.B. &DeY. to give verbal agreement to Garrey that they have been awarded the contract for the bid amount, with the condition that a change order of a reduction of $200,000 or more be issued, Wolff seconded. Thomson said this would also be based on the approval of our City Attorney and his signing the contract. Vote was unanimous. Wolff motioned for approval for the New Year's Eve Fireworks and take the $352. from contingency. Crone said he understood they can't clean up the pier for that amount, that it would be more. Wolff said in that case, he will amend his motion to approve without any charge for City services, Youmans seconded. Vote was unanimous. Wolff said Crone was off the hook now. Pearce motioned to approve the Striders' Event, Wolff seconded. Hughes suggested that this be listed as one of the big holidays to allow parking on the Bridges' property. This would help 9of14 1 1 1 alleviate one of the biggest problems. Youmans asked if they would be through with the run by the middle of the day. Parker said the traffic problem is to be eliminated by the way the cars are parked, with the runners who will finish first in a specific lot. Vote was unanimous. Wolff motioned that we ask Planning Commission to look into drafting an ordinance, based primarily on occupancy, which would deal with limiting the number of people or cars that would be allowed at any rental. Hughes said he thought the PC, Anderson, and he should be able to come up with something that addresses the issues. Thomson said he would look at the complaint logs and work with Hughes to see if a certain number of calls would rise to the level of a nuisance. Pearce seconded the motion. Vote was unanimous. Pearce motioned for approval for all sections of the text amendment to the Tree Ordinance, Wolff seconded. Vote was 4, Wolff, Sessions, Crone, and Pearce, in favor, and 1, Youmans opposed. Youmans motioned for approval to adopt Jason Ball's Company, Pearce seconded. Vote was unanimous. Sessions said she thought Thomson and Conaway could work out Schroeder's parking issues. There was some discussion regarding residential parking only signs. Youmans said he made signs years ago and the people were made to take them down, because the streets belong to everyone. Thomson is to check into the legality of such signs. Sessions suggested this be an action item. Wolff motioned for approval to allow Russell Bridges to obtain a business license for parking on his property as an overflow lot, based on Hughes' recommendations as to the details. Pearce seconded. Vote was unanimous. Pearce said there are three resolutions to place three properties into permanent nature preserves, and to allow trails and explanatory signage, and to allow access to adjacent private property if necessary. He said the properties are several streets between Polk and McKenzie, Solomon and Bay Streets, Miller Avenue between 7th and 8th Streets, and property next to Daniel Street. Hughes advised that, since it is three separate resolutions, it should be addressed separately. Lawanna Tsoulos, Chair Person of the Environmental Committee, said that given the purpose of the Forestry Grant and the tree ordinance that Perkins just spoke on, the Committee would like to see as much City property as possible, which is in unopened rights of way, remain as green space. Pearce said that these are resolutions of intent and the City Attorney would still have to prepare the legal documents. Pearce motioned to approve resolution one, Wolff seconded. Crone asked what happens if we need this property in the future. Hughes said what we have done is propose conservation easements on property. He said the law that establishes conservation easements, and let him caution there are plenty of arguments about why this doesn't work, there are statues that appear to permit this. What we would have to do is petition to Superior Court to take it off. Hughes said until there is actually a court decision, that is about as much protection as you can give it. He said this would not stop a future Council from trying to reverse it. Wolff asked, if this is passed, would it give the City better leverage against adjacent property owners trying to buy this property, and Hughes answered yes. Sessions said what about property owners who lived adjacent to a trail and people walking or riding bikes along that trail, infringing on their privacy is her concern. Pearce said there would be foliage along the trail that would block the homes. Sessions said she understood that, but still concerned about people's safety. Hughes said you could set the easements to permit trails or not. Hughes said this would have to come back in the form of a deed that declares the conservation easement in recordable form, and that would be where the details of trails or no trails and that sort of thing. Youmans said if the City already l0 of 14 1 1 owns this property, nothing can be done with it anyway. Pearce said we are trying to protect it as green space. Youmans take the property in resolution three, the City has $100,000 in that piece of property. Youmans said we were supposed to sell it and pay back what we had to spend, and it never has happened. Vote was 3, Wolff, Sessions, and Pearce, in favor of resolution one, and 2, Youmans and Crone, opposed. Pearce motioned to approve resolution two, for Miller Avenue between 7th and 8th Streets, Wolff seconded. Wolff said Tony Petrea owned a couple of lots and would be willing to give them to the City in exchange for the paperwork to allow him to take a tax break. Wolff said this could be added to the Sally Pearce Nature Trail as wildlife habitat. He said he thought it was pretty much all marsh. Crone asked if people were going to walk in the marsh, and Wolff said we would build board walks, with DNR permission. Crone asked if this would be with City money, and Wolff said we probably could get grant money for that. Vote was 3, Wolff, Sessions, and Pearce, in favor, and 2, Youmans and Crone, opposed. Sessions said we have talked a lot about grants and what we received and how it can be spent. She asked Thomson if it was possible to get a list of the grants we have received and how much money each represented and has been spent. She said that the Finance Director should be able to get a list. Sessions said it doesn't have to be done right now, and suggested it be placed on the action item list. Mayor Parker asked Pearce if he would hold up on the third resolution until after another discussion in executive session. Sessions said then we would have a vote after executive session. Pearce first said no he would not wait, then agreed when he was told it would come back up tonight. Parker said we could vote at the next meeting. Pearce said he was willing to wait, but wanted to vote tonight. Parker agreed. Wolff motioned for approval of the minutes for the August 11, 2005 Tybee Island City Council meeting, Sessions seconded. Vote was unanimous. Sessions motioned for approval of the minutes for the August 24, 2005 Tybee Island Special City Council meeting, Wolff seconded. Vote was unanimous. Jan Fox requested approval for three employees to travel out of state for training in October. She said the money has been budgeted. Pearce motioned for approval, Sessions seconded. Vote was unanimous. Fox requested approval for a budget adjustment for $18,165 for renovation to the kitchen at the cafeteria. She said they will be looking for used commercial appliances instead of new residential ones. Fox said they were still under the $40,000 that was budgeted for this project. Sessions motioned for approval, Wolff seconded. The funds would be taken from the contingency fund. Vote was unanimous. Fox requested approval for a budget adjustment of $15,000 for the City Manager for studies, consultants and surveys. She said he is $7000 over budget and needs $8000 to finish out the year. Pearce motioned for approval, Wolff seconded. Vote was unanimous. Fox requested approval for a budget adjustment of $4,000 for the Beach Task Force to travel to Washington, D.C. to lobby for the beach renourishment. Mayor Parker said that trip probably would not be until January 2006. Wolff motioned for approval for the Beach Task Force trip and adjustment, Pearce seconded. Vote was unanimous. Fox said the $5,000 was approved at the 11 of 14 1 1 last meeting, for the DCA team to come to Tybee for their study. Wolff motioned for approval of the adjustment for the DCA team, Pearce seconded. Vote was 4, Wolff, Youmans, Sessions, and Pearce, in favor, and 1, Crone, opposed. Fox requested approval for the proposal and a budget adjustment of $14,000 for architectural and engineering services for the reconfiguration of City Hall. She said Cyphers Design was the low bidder at $7,000. and $7,000 was for the electrical survey a couple of years ago, that was done and has not been paid for. Pearce motioned for approval, Wolff seconded. Vote was 4, Wolff, Sessions, Crone, and Pearce, in favor, and 1, Youmans, opposed. Mayor Parker requested Council's approval for a trip to Washington, D. C. at the request of the Chamber of Commerce. He said he would be gone for two days and would go to Congress. He said this is also a lobbying effort. The Chamber is paying part of the cost. Sessions motioned for approval, Pearce seconded. Vote was unanimous. Parker said he would give Council a report when he returned. Pearce requested approval for a trip to the National League of Cities Conference in North Carolina. He said he was a member of the Environmental Committee. Sessions motioned for approval, Wolff seconded. Vote was unanimous, with Pearce abstaining. Dee Anderson introduce a new employee in the Zoning Department. Dianne Otto joined the staff about two weeks ago and is doing a good job. Anderson said that the City has a classification of employees that is listed as permanent part-time. He said this employee doesn't work the required 35 hours per week and receives partial benefits. He said these employees receive no retirement benefits. Anderson said there is a way to get these employees their retirement but it would require an ordinance change. He said this would only apply to those that work as permanent part-time and then are change to full -time. Anderson said he wanted to get Council's feelings on this before he spent a lot of time, and asked the people from GMA to come and meet with Hughes and himself. He said currently there are only three employees that this would apply to but he would have to research the past. Sessions motioned for Anderson to pursue this issue, Pearce seconded. Vote was 3, Sessions, Crone, and Pearce, and 2, Youmans and Wolff, opposed. Sessions deferred to Thomson to talk about and explain the Consent Agenda. He said it contains items on the agenda that has no controversy and the entire Council agrees on. He said if only one member disagrees, then it is not included. Youmans said we tried this before and it didn't work. Crone said it depends on the people. These meetings were also publicized and the public could attend. Sessions motioned to try the Consent Agenda and see how it works, Crone seconded. Wolff asked just what type of items would be included. Thomson said it could be second readings, alcohol license renewals, minutes, or anything that holds no opposition. Vote was 4, Wolff, Sessions, Crone, and Pearce, in favor, and 1, Youmans, opposed. It was decided and agreed to start the Consent Agenda meeting at the first meeting in October at 6:30 PM. Wolff said this is in conjunction with the request from the MSC for their relocation. He said their first choice is the section of the North Beach Parking Lot that Rusty Fleetwood owns. Wolff said Fleetwood said he would be interested in swapping that property for a triangular piece of property on Chatham Avenue. He said it is sometimes used for decal only parking and is a part of unopened Lovell Avenue. Wolff said he thought this would be a good deal for the City and motioned for approval for Hughes to proceed with appraisals and legal work needed for this arrangement, Pearce seconded. There was discussion regarding an alternate lot but it was 12 of 14 1 1 determined that Fleetwood was satisfied with this property. Vote was unanimous. Wolff said at the last meeting, Council voted to ban bikes on Jones Avenue and the signs have been put up. He said he would to add to the same posts, a small sign directing people to the bike trail, which along Second Avenue. He said this would be for information only, and not levy any citations for bike traffic on Jones. He said what he wants is to just inform people to ride on the bike trail and not on Jones. Wolff said the second reading is coming up and proposed that we just inform people of the bike trail and not impose any fines. Wolff so moved, Pearce seconded. Hughes said he didn't think you could pass a law against speeding and then not ticket people for speeding. He said this would be the same thing. Youmans said people have no business riding bikes down Jones and it took a long time to get this passed. Hughes said you could put signs up saying "Bicycles Prohibited" and then signs pointing to the bike trail. Sessions said she was not comfortable with not allowing people to ride their bikes on Jones. She said they ride on Butler, on Highway 80 and anywhere else. Youmans said those streets were not dangerous. Sessions said any of them is dangerous. Sessions asked if there had been any accidents on Jones, that she was not aware of any. Youmans said yes there was a woman hit and a little boy, who was paralyzed. Wolff said he had heard from a lot of people who live hear and say it is their business where they ride, and said he agreed. Hughes said he would not want Council to formally adopt an ordinance that prohibits conduct with the understanding that we are really not going to prohibit it. He said that is not a good idea. Sessions said she would motion to deny the text amendment. Hughes asked if her motion was to reject the second reading so that there is no long any prohibition to riding bikes on Jones Avenue. Sessions agreed that was right. Wolff seconded. Vote was 3, Wolff, Sessions, and Pearce, in favor of the denial, and 2, Youmans and Crone, opposed. Parker said take the signs down. Hughes said the text amendment to Section 6 -3 -1 is to change the connection for water and sewer fees so that we don't have the fees spelled out in an ordinance but changes the language so that the charges are based on a list maintained in the Clerk of Council office. Hughes said the reason for this and the next two amendments is so that every time a fee is changed, it doesn't have to go through two readings and require an ordinance change as opposed to just a motion to revise the schedule of fees. Hughes cautioned Council to be very clear on what the current fees are before second reading. Hughes suggested that everyone get a list of what we are actually charging and compare it to what you think we're charging. Pearce motioned for approval on 1st reading, Wolff seconded. Vote was 4, Wolff, Sessions, Crone, and Pearce, in favor, and 1, Youmans, opposed. Hughes said the next one was the same way on the Regulatory Fees. Hughes said this is also adding a fee for live entertainment, whether alcohol is involved or not. This would mean that someone would have to obtain two permits. Hughes said that fee would also be part of the list under Section 3 -2 -72. Pearce motioned for approval, Wolff seconded. Vote was unanimous. Hughes asked for an amendment to the Noise Ordinance be placed on the next agenda. Thomson said a letter had been sent to Waste Management Company concerning their not following the standards of service that is listed in the contract. He said Jonathan King was asked to be here tonight, but has failed to show up. Thomson said he would find out what happened. Parker said he thought one problem was that the workers were not pulling the carts far enough back off of the streets, and this was causing some problems with people hitting them. Crone cautioned that before we get too hard with WM, we remember that we have an Island full of garbage and have someone else ready to pick it up. Thomson said the donated land had already been discussed. 13 of 14 1 1 Wolff motioned to go into executive session to discuss litigation, personnel, and real estate, Pearce seconded. Youmans asked about the regulatory fees and how much people would have to pay. Hughes explained the difference in Occupational Fees and Regulatory Fees. Wolff withdrew his motion. Pearce motioned to approve the third resolution for the conservation easement on Daniels Street, Wolff seconded. Youmans said we have a lot of money invested in that property. He said the engineers said they would move the drains out so the property could be used. Youmans said the only reason we bought that property was so we could get our money back for all of that. Pearce said that property held some gopher turtles. Vote was 3, Wolff, Sessions, and Pearce, in favor, and 2, Youmans and Crone, opposed. Hughes said he would prepare the documents and Council would have to vote again. Wolff motioned to go into executive session to discuss litigation, personnel, and real estate, Sessions seconded. Vote was unanimous. Pearce motioned to return to regular session, Crone seconded. Vote was unanimous. As there was no further business, Mayor Parker adjourned the meeting. Diane Sikes Clerk of Council Walter W. Parker Mayor 14 of 14 1 STATE OF GEORGIA COUNTY OF CHATHAM ) AFFIDAVIT PERSONALLY appeared before the undersigned attesting officer, duly authorized to administer oaths, 2 J7 o ��� I� e - , who after being duly sworn, deposes and on oath state the following: (1) I was the presiding officer of a meeting of the Tybee Island City Council held on the i. day of .safe (�.ci.. , 2005. (2) That it is my understanding that O.C.G.A. §50- 13 -3(b) provides as follows: When any meeting of an agency is closed to the public pursuant to subsection (a) of this Code section, the chairperson or other person presiding over such meeting shall execute and file with the official minutes of the meeting a notarized affidavit stating under oath that the subject matter of the meeting or the closed portion thereof was devoted to matters within the exceptions provided by law and identifying the specific relevant exception. (3) The subject matter of the closed meeting or closed portion of the meeting held on the g of ��°� �. _ , 2005, which was closed for the A Co p t cc -' •'J purpose(s) of (6 ,P ,as ehrp fj //tee edPsgl%eas allowed by §O.C.G.A., Title 50, Chapter 14, was devoted to matters within those exceptions and as provided by law. (4) Any unrelated matters which were mentioned or attempted to be offered for discussion during the closed portion of the meeting were ruled out of order and not discussed. 1 1 1 5) This affidavit is being executed for the purpose of complying with the mandate of O.C.G.A. §50- 14 -4(b) that such an affidavit be executed. Sworn to and subscribe,: efore Me, s 's d. of , 2005 DIANE J. SIKES Notary Public, Chatham Count% CIA My Commission Expires July 8, XV ayor/Presiding Officer