HomeMy Public PortalAbout050_020_City Council Minutes June 13 2013 City Council Minutes 20130613
Consideration of Items for Consent Lgenda
Mayor Buelterman called the consent agenda to order at 6:30PM on June 13, 2013.
Those present were Mayor pro tem Wanda Doyle, Paul Wolff, Tom Groover, Jan Fox,
Barry Brown and Bill Garbett. Also attending were Diane Schleicher, City Manager;
Tommy Branch, Callaway, Braun, Riddle and Hughes, PC; Dianne Otto, Manager,
Planning and Zoning Department; and Janet LeViner, Clerk of Council. Mr. Hughes was
excused.
Mayor Buelterman listed the following items on the consent agenda:
• County-wide Canal Maintenance Program Agreement. Discussion: Mr.
Garbett asked Ms. Schleicher to contact the county to insure they do not
gouge the soil so bare soil is exposed. Ms. Schleicher confirmed.
• 142 Lewis Avenue — Derelict Property Demolition RFP — Staff Recommends
Boaz Enterprise - $12,000. Discussion: Mr. Brown asked Ms. Schleicher
who will oversee the work at the property. Ms. Schleicher responded that Mr.
Wilson will be involved but the contractor is a licensed abatement contractor
and if he does not do it correctly, he is jeopardizing his contract. Ms. Otto
added that should her office be aware of any issues she would contact the
Environmental Protection Division (EPD). Mayor Buelterman asked Ms.
Schleicher were there funds available for this project. She responded it
would come from the fund balance and would set up in the system as a
receivable. Mr. Branch indicated that he had contacted the owner as to the
cost.
• Alcohol License — Special Event — Beer and Wine; Friends of Tybee Theater;
Friday, August 23 — 24, 2013 — Brew Fest; Pier and Pavilion
• POW/MIA Flag at City Hall. Discussion: Mayor Buelterman stated that
American Legion Post 154 will conduct a short ceremony at the beginning of
the regular scheduled meeting to present a POW/MIA Flag and post. Mayor
and council agreed.
• Tybee Visitor's Spending Study — City of Tybee support. Discussion: Mayor
Buelterman stated that worked with Dr. Toma in 2007 to complete a study for
the Economic Impact of a Re-nourished Beach vs. a Non-Re-nourished Beach.
This study showed there is a significant impact which helped to trigger State
funding for the last re-nourishment. Dr. Toma is requesting mayor and
council to consider city support by offering in-kind services. Mayor
Buelterman would asked mayor and council to consider Dr. Toma's request.
Dr. Toma approached mayor and council stating there are three basic items
he is asking for with in-kind support: (1) two working traffic counters in
place; (2) provide parking access to the research staff over the year; and (3)
co-operation in collecting data. Mr. Wolff asked Ms. Schleicher if she is in
agreement with staff time. She confirmed. Ms. Fruchtl approached mayor
and council thanking mayor and council for their support. She indicated the
study should be completed in twelve months from the start and would like to
start as quick as possible.
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
o Invocation: Sister Barbara Shimkus
• Pledge of Allegiance
Commander Bolen, Ronnie Tatum and Jimmy Carter, American Legion Post 154,
approached mayor and council. Commander Bolen read a statement (attached)
thanking Mayor Buelterman, Tybee Island City Council and the City Manager for their
support. He then presented a POW/MIA flag to the City. Mayor Buelterman asked
everyone to adjourn to the front of city hall for the presentation and posting of the
POW/MIA flag by American Legion Post 154.
Report of Staff, Boards, Standing Committees and/or Invited Guests
• Jim Kluttz, Friends of Tybee Theater, approached mayor and council to discuss
his concerns for the non-profits during the budget cycle.
• Carolyn Jurick, Tybee Island Maritime Academy, approached mayor and council
to give an update on the Academy. She then introduced the principal of the
Tybee Island Maritime Academy, Pat Rossiter. Mr. Rossiter thanked everyone for
their support and expressed his excitement with the academy and is looking
forward to the opening of the Academy.
• Todd Smith, IT Department
• Janice Elliott, HR Department
• Chantel Morton, Better Hometown
• Gina Casagrande, Tybee Island YMCA
• Denise Dubuque, Parking Services
Wanda Doyle made a motion to approve the consent agenda. Barry Brown
seconded. Vote was unanimous.
Public Hearings
Site Plan Approval — New construction of mixed use building — Lot 46 Pine
St.; PIN 4-0003-02-008; Zone C-2; DeSoto Beach Properties, petitioner.
Dianne Otto approached mayor and council stating this was before the Planning
Commission as a mixed use building as there was to be a commercial laundry on the
ground floor with two tourist residential dwellings on top. The applicant has now opted
to eliminate the residential portion of the structure. She further stated that what is
before mayor and council is strictly the ground floor laundry. Ms. Otto explained this
would be a private laundry facility for use by DeSoto Beach Properties only. She further
stated that the plan before mayor and council this evening does have the required
number of parking spaces for the commercial use. The vote of the Planning
Commission was 4-1 to approve with conditions. Those conditions would be that the
residential portion meet the R-2 set-backs and the parking be addressed. Ms. Doyle
asked Ms. Otto if the parking would be there all day or would the vehicles be coming
and going. Ms. Otto responded that the petitioner is present and he could better
address her concerns. Mr. Groover asked if this should go back to the Planning
Commission as the request has changed. Ms. Otto stated she had spoken with Mr.
Hughes the consensus was since the new plan eliminated the residential dwellings; the
concerns of the Planning Commission had been satisfied. Mr. Branch stated at the time
this was heard by the Planning Commission it included the residential use on top which
is in the Code by a use by right tourist home. The Plan was then amended by the
applicant to be a private laundry. This is now a totally different use and could be
considered an industrial use which is not permitted by right in the district or by special
use. He further stated that it is his opinion that the Code does not allow this type of
use. Mr. Branch explained that there was a previous request in 2011 in the same
district for a private laundry but this instance was different as it had an office
component. Mr. Wolff asked Mr. Branch why a buffer would not be required. Ms. Otto
responded that the front of the building fronts a street and typically the City does not
require a fence across the front of a commercial building. Ms. Otto disagreed and gave
an example. Mayor Buelterman stated that he feels mayor and council do not have any
other option than to send this request back to the Planning Committee and they
evaluate the option of a text amendment. Mr. Branch agreed. Jim Boyle approached
mayor and council to support this project as it falls within the Code and it is not a retail
operation. He read a statement stating his concerns with other conditions (attached).
There was a discussion regarding the approval of a previous laundry mat which
included an office. Gary Saunders approached mayor and council. He stated he is the
architect on the project and will answer any questions mayor and council have. He is
willing to redo the drawings and add an office to the plan as this is an extremely low
impact building. He is also agreeable to add a hedge in the front of the business. Mr.
Branch stated mayor and council can withhold site plan approval until the site plan
meets the requirements and is satisfying the City. He further stated he does not feel
this needs to go back to the Planning Commission as the petitioner can have the site
plan changed as there has been a public hearing. Mayor Buelterman asked for a
motion to continue. Wanda Doyle made a motion to continue to the first city council
meeting in July and the site plan be redone to make it legal for the district. Barry
Brown seconded. Vote was unanimous.
site Plan Approval — New construction of comme rdi0 building — 37 Meddin
Dr.; PIN 4-0001-13-008; Zone R-1/NEC; Marine Scot nce Center, petitioner.
Ms. Otto approached mayor and council. She stated this was before mayor and council
in January 2013 as a conceptual site plan. This agenda item is now for site plan
approval and the favorable vote tonight would grant the petitioner to move forward
with the project. The Planning Commission voted unanimously to approve this request
as presented. She further stated that there are many items in the packet which are
related to the engineering. Mr. Groover feels the four lots and a r-o-w (City owned)
and part of a lot that is being leased from a citizen be combined into one prior to site
plan approval. Ms. Otto responded she does not feel this is necessary. He stated his
concerns regarding a lease for the property from the private resident. Mayor
Buelterman stated that it is his understanding that the lease would be forthcoming after
the site plan is approved. Ms. Otto reminded mayor and council that the only item
before them tonight is site plan approval. Mr. Groover stated he continues to have
concerns with the paperwork regarding the leases. Ms. Otto again reminded Mr.
Groover that this is for site plan approval only as engineering is not before them this
evening. Ms. Doyle stated the Marine Science Center is currently under a lease with the
City and the City Attorney recommends there is no need to address a new lease until
the building is formalized. Mr. Branch concurred. Mr. Garbett stated it is his
understanding that what is before mayor and council is the approval of how the building
will fit in the parking lot at north beach. Ms. Doyle would like Downer Davis, City
Engineer, to address the drainage issues that are not included in their packet. Mr.
Davis approached mayor and council and stated goat all his engineering concerns have
been addressed and to the best of his knowledge the concerns of the Tybee Island
Department of Public Works and the Water and Sewer Department have also been
addressed. He asked mayor and council if they have any questions or concerns.
Maybe Buelterman confirmed that all comments by city staff directed to Mr. Davis have
been satisfied. Mr. Davis confirmed. Ms. Fox asked Mr. Davis if the r-o-w on Limewood
Drive was not available, would there be adequate public safety access to the Marine
Science Building. Mr. Davis stated he had not looked at the r-o-w and is not prepared
to answer the question. Craig Clements, Sttile and Sottile Civic Architecture,
approached mayor and council. Mr. Clements stated there would be three phases
associated with this project and will not be in its ultimate state all at once. Ms. Fox
asked when they will be breaking ground. Mr. Clements stated that contingent upon a
vote tonight they will break ground within twelve months. Ms. Fox confirmed that the
next step would be for this project to go through building permitting. He further
clarified that all the parcels the building will be on are city owned parcels and they will
not be recombining parcels that are owned by other individuals. Wanda Doyle made
a motion to approve. Paul Wolff seconded. Vote was unanimous.
Map and 'le _/mendment = amend zoriF g from C= to [ -2, o L7 Go's on south
side of LaareU es o; PINs 4-0026-03-OO1A, -015, -01 -0177 -018, -019, -008,
4-M75-Z7°02,7 °M , -016, -015, -020, -021, -023, -024, -010A. Ms. Otto
disclosed she is the property owner of lot #8 and representing not as the owner but as
the City's representative for this map and text amendment. She stated that the area on
the south side Laurel Avenue has been discussed previously as an area that is being
developed residentially although it has a commercial zone. Also it has been discussion
whether to rezone to match the use rather than continue with the C-2 zoning. Ms. Otto
further discussed the recent charrette and this is one of the areas they were asked to
review. After review and the final report submitted it was overwhelmingly commercial
business oriented and proposed no rezoning. Ms. Otto stated that Planning Commission
heard this item and they voted 4-1 not to take any action on how the properties are
currently zoned. Mayor Buelterman read a letter from David Blount supporting
preserving the value of his property by rejecting this item. He then read a letter from
Kenneth Wade, 1006A Laurel Avenue, who is also opposed to any zoning change to his
property. Ms. Otto reminded mayor and council there are protections in place should
an undesirable business be proposed it would be heard at site plan approval. She
would like to reiterate that a residents input will stop a development in the area.
John Jurick, Laurel Avenue, approached mayor and council to speak in favor of
changing the zoning to residential as it would protect his neighborhood.
Linda Inveninato approached mayor and council to speak against this proposal as it
would negatively impact the many long term owners of the property on Highway 80 and
south side of Laurel Avenue.
Tony Petrea approached mayor and council representing the Solomon's. They would
ask mayor and council to deny this request as they are against changing the zoning to
residential. Ms. Doyle asked Ms. Otto if this area is left C-2, could a resident add, for
example, a dance studio to their home, could this be done. She confirmed.
Rich Hammonds approached mayor and council representing the Highway 80
backside of lots 2, 3, 4, 5, and 6. He would ask mayor and council to deny this request.
Keith Gay approached mayor and council and point out two issues. He would caution
mayor and council that there is only 2% of the Island that is available for commercial
activities. The C-2 is a lower grade activity and is the last we have on the Island as it
takes the corridor as being the bulk. He would ask mayor and council to be very careful
with their decision.
Gerald Schantz approached mayor and council to deny this request as if approved it
will be more restrictive.
Freda Rutherford approached mayor and council commenting about the development
of vacation rentals.
Mary Ann Fahey, 1013 Laurel Avenue, approached mayor and council. She stated
she is opposed to changing the zoning in this area.
Wanda Doyle made a motion to deny leaving the zoning C-2. Jan Fox seconded.
Discussion: Mr. Garbett is in disagreement and the goal of mayor and council is to
zone according to desired land use. He further stated that if you look at the C-2
highway business district, C-2 districts are intended for location along arterial streets
which is Highway 80 for the negative impacts of traffic, noise and intrusion in
neighborhoods will be minimized. Mr. Garbett went on to express is concerns and would
recommend this area being zoned appropriately and terminat- the TBR as it is allows
residential uses in what should be commercial districts. Voting in favor were Paul Wolff,
Tom Groover, Jan Fox, Wanda Doyle and Barry Brown. Voting against was Bill Garbett.
Motion to deny carried 5-1.
Text Amendment — Municipai Code lection 26-71 — Firee ade Within City
Prohibited. Ms. Otto approached mayor and council to explain this portion of the Code
is Municipal Code and not Land Development Code. She furth r explained that this
item was not heard by the Planning Commission. Ms. Otto stated that this is before
mayor and council to strike the 30' clearance requirement. Ms. Fox stated that this
item is before them this evening as the grills in Memorial Park are so close to the
pavilion. Ms. Otto confirmed as the intent is not to allow the burning of trash or lawn
debris. It will need to be a fire that is used for warmth or cooking. Jan Fox made a
motion to approve. Tom Groover seconded. Vote was unanimous.
Consideration of Ordinances and Resolutions
Second Reading, 16-2013, Versions C, D, and E; historic Preservation. Ms.
Otto stated there are three different versions of this ordinance in the packet. Version C
was heard at the last city council meeting and was opted to continue for rewording.
She further explained that Version D is the version that Ms. Fox and Mr. Chambers
crafted. Ms. Fox stated that a portion of the proposed language is not included in this
version. Ms. Otto explained that she requested Version E as it changes the sentence in
which the city official notify the Historic Preservation Commission (HPC) to the city
official notify the applicant to contact the HPC. She stated that staff does not have the
time to track these applications as it is her desire to have the applicant work directly
with the HPC. A discussion ensued regarding the process and different options for
tracking. Ms. Otto again stated it was her preference that her role would be notifying
the applicant that they would need to contact the HPC prior to submitting their
application to her office. This would be the same process as with a dock permit as it is
not permitted in her office until the Department of Natural Resources has review and
approved. After a lengthy discussion, Mr. Garbett stated that the goal of this ordinance
is to encourage preservation of historic structures and benefits the City to have
structures protected. Ms. Doyle then asked Ms. Otto how would she notify the
applicant that they need to contact the HPC. Ms. Otto replied she would craft a
handout with the contact information and include the ordinance. Ms. Doyle confirmed
with Ms. Otto that it would now become the responsibility of the applicant to contact
HPC and what if they decided not to do this, how would the City know. Ms. Otto stated
Version C stated that a signed document would be required from the HPC. Mr.
Chambers approached mayor and council explaining that the HPC is taking on the lion's
share of the workload to assist Ms. Otto. He would like a notification from staff, much
the same as the demolition process, which gives him the applicants name and address.
As soon as the HPC receives this information, the burden is off Ms. Otto and now
becomes the HPC burden. Mr. Cullen then explained the process of reviewing the
application. He reiterated that historic preservation is not based on convenience. Mr.
Chambers explained that he and Ms. Fox have streamlined the language in Version D
and is presenting as simple of a document as they could. He would ask Ms. Otto to
create a document similar to the demolition document that gives him all the information
needed. Mr. Brown asked Mr. Chambers who will be qualified to do the review in his
absence if he is out of the office. Mr. Chambers responded that there is training that
everyone on the HPC is required to take and at some point every member of the HPC
will be qualified to makes those exact determinations that he does. Mayor Buelterman
asked Ms. Otto if Better Hometown could be the responsible party for notifying the
HPC. Mr. Chambers stressed that this is a zoning matter and should come from the
zoning department. He and the HPC will continue to assist Ms. Otto but once again this
is a zoning matter. Bill Garbett made a motion to approve Version D by replacing the
last sentence in paragraph 2 with "Work shall not resume until the HPC
representative has reviewed the changes nd the permit has been updated to
include the changes from the originaA nnope of work". Jan Fox seconded.
Voting in favor were Paul Wolff, Jan Fox, Tom Groover, and Bill Garbett. Voting against
were Wanda Doyle and Barry Brown. Motion carried 4-2.
Council, Officials and City Attorney Considerations and Comments
Wanda Doyle — Public Safety Building update. Ms. Doyle gave a brief update on
the Public Safety Building. She stated that she has been in contact with Greenline
Architecture regarding the Construction Manager at Risk selection process. The
qualifications are due June 17th and will be submitted not only to Tybee Island but also
to Greenline. They will in turn review these qualifications and eliminate those that are
not qualified and then present to the Public Safety Committee. A short list will then be
done and those contractors will be notified. A mandatory site visit will be on June 25th
and on July 3rd they will conduct interviews. Greenline will be presenting a schematic
design and final design in July. She would like to set up an open house so the residents
can see the design and schedule a ground breaking in August or September. Ms. Doyle
stated it is the request of Greenline that only four or five people attend the meeting to
choose the short list. Those people would be three people from the Public Safety
Committee, Chief Bryson and Diane Schleicher.
Cane Schleicher — Implementation of 3 year CPI to current water and sewer
r tes. Mayor Buelterman asked Ms. Schleicher to clarify. Ms. Schleicher stated that the
rates were last changed in August 2010. The average for December to December was
1.5%. If CPI had been implement in 2011, that average would have been 3% and the
average for 2012 would have been 1.7%. Mayor Buelterman recommended that billing
start with the current CPI rather than going back which would cause a more significant
increase as this would ensure that proper procedures are put in place for the future.
Jan Fox made a motion to increase the consumption rate and base rate by 1.7% and
in February of each year, the December CPI be used to increase the rates for the March
billing. Wanda Doyle seconded for discussion. Discussion: Mr. Groover asked Ms.
Fox why the March dates. She responded that the City is required to give thirty days'
notice prior to any rate increase (on a bill). Mr. Groover would suggest the increase be
at the beginning of each fiscal year. Ms. Fox responded that the CPI increase is
calculated in January of each year and the increase could be voted on in February and
implemented in March. Mayor Buelterman would agree with Ms. Fox's
recommendation. He also asked Ms. Schleicher if any of these increases were figured
into the budget. She stated no. Mr. Wolff expressed his concerns with the increase of
the water rates and supporting the proposed GEFA loan. Mr. Garbett recommends the
City charge residents what it costs to run the system and if rates will not be increased
to that extent then the City is falling further behind. He further stated that rates should
be increased every February and would prefer to have the entire increase in the rates
included in the motion. Mr. Branch stated that he understood the motion but he would
recommend mayor and council make a motion and approve the changes for this year
and it will be a practice when the CPI changes. He further stated that at the next city
council meeting he will bring a written resolution which will be ratified depending on
what mayor and council decide. Ms. Fox withdrew her motion. Ms. Doyle withdrew her
second. Paul Wolff made a motion to comply with the original ordinance in 2005 and
raise rates according to the CPI for the previous three years specifically 1.5% for 2010;
3% for 2011; and 1.7% for 2012. Total being 6.2%. This will raise resident's bill less
than $2.00 per month. Tom Groover seconded. Voting in favor were Paul Wolff, Tom
Groover, Jan Fox, and Bill Garbett. Voting against were Wanda Doyle and Barry Brown.
Motion carried 4-2.
Paul Wolff made a motion to adjourn to Executive Session to discuss litigation. Tom
Groover seconded. Vote was unanimous
Paul Wolff made a motion to return to regular session. Tom Groover seconded.
Vote was unanimous.
Paul Wolff made a motion to adjourn. Tom Groover seconded. Vote was
unanimous.
Meeting adjourned at 10:15PM
On June 13, 2013 Commander Chuck Bolen, American Legion Post 154, Tybee
is and, a ong with Ronnie Tatum and Jimmy Carter, both retired Marines,
presented the City of Tybee with the POW/MIA flag. Mr. Tatum wore his Marine
uniform and Mr. Carter donned a World War I uniform.
Commander Bo en addressed the mayor and City Council:
While we have difficu ty witi many cities, in our own state, and across the nation,
in having tie POW/MiA flag disp ayed, all it took was one email to f\Aayor
Sue terman to get immediate support. Though our island may be less than 3 miles
long, the City of Tybee is a giant in patriotism, leading by example and support of
veterans and their families. In return, our American Legion is proud to support the
Mayor, City Manager, Council, residents and visitors alike.
The POW/MIA fag is the on y f ag ever disp ayed in tie U.S. Capita
Rotunda where it will stand as a po,0/erfu symbol of national commitment to
America's POW/MIAs unto the fay est possible accounting has been achieved
for U.S. personne sti missing and unaccounted for from the Vietnam ar.
Many cities, municipa ities and townships throughout this great nation
display this flag year round.
On August 10, 1990, the 101st Congress passed U.S. Public Law 101=355,
which recognized the League's POW/MIA f ag and designated it "as the
symbo of our Nation's concern and c.mmitment to resolving as fully as
possib e the fates of Americans still prisoner, missing and unaccounted for
in Southeast Asia, tius ending the uncertainty for their families and the
Nation".
The importance of the POW/MIA f ag ies in its continued visibi ity, a
constant reminder of the p ight of America's P•W/MIAs. Other than "Old
G ory°°, the P• //MIA flag is the on y flag ever to fly over the \-'A rite House,
having been displayed in this p ace of honor on National PO'i./MI,A
Recognition Day since 1942_
Unti a the persons/remains of a_i the POW/KIA/MIA of a] our
wars/conflicts (W NH, Korea, Vietnam, Iraq and Afghanistan and other
minor conf icts) are returned or properly interned overseas they wi a ways
be listed as MI 's/ KIA=BNR(Ki ed in action/Body not recovered).
Dying for freedom isn't the '.�,orst that coed happen....being forgotten is
Tybee :s]and Cott' Cound voted unanimous y to fit' the POW/MLA F act at
OW Ha year round.
Mayor Bue termano Doty Manager Doane Sch etcher, Cott' Cound and all
attendees off the meet ng jdned the American Leg on Post 154 Commander
and representatives outside as the POW/MIA flag w is raised
It was qullte an emoto®na event and a proud d y for the City of Tybee
Is and
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