Council Minutes January 22, 2008

CITY OF POOLER
CITY COUNCIL MINUTES
JANUARY 22, 2008

The regular meeting of the Pooler City Council was held on January 22, 2008. Mayor Mike Lamb called the meeting to order at 6:00 p.m. Present were Councilmen Travis Cowart, Mike Royal, Wayne Seay, Stevie Wall and Councilwoman Rebecca Benton. City Manager Robbie Byrd and City Attorney Steve Scheer were also present.
Councilman Bruce Allen was absent due to having to work.
The invocation was given by Councilman Cowart and the Pledge of Allegiance was led by Councilman Seay.

The minutes of the previous meeting were approved as printed upon a motion by Councilwoman Benton, seconded by Councilman Royal, with no opposition.

Councilman Wall made a motion to appoint Councilwoman Rebecca Benton as Mayor pro tem. Motion was seconded by Councilman Cowart and passed without opposition.


Report from the Standing Committees:

FINANCE

Councilman Seay presented bills for payment and made a motion to pay, subject to funds. Motion was seconded by Councilwoman Benton and passed without opposition.


PUBLIC SAFETY

Chief C. E. Chan reported on the police department activities for the month. Interim Fire Chief Ashley Fields reported that the fire department responded to 1759 calls in 2007 and 109 this month.


STREET/DRAINAGE/PARKS & TREES

Councilman Cowart reported that the street, drainage, parks and trees departments have performed routine maintenance.


WATER/SEWER

Councilman Wall reported that the water and sewer departments have performed routine maintenance and that all parameters are being met at the wastewater treatment plant. 


RECREATION

Councilman Royal reported that basketball games continue, that the GRPA tournament will be held in Pooler on February 19th through 23rd, that the wrestling team will travel to a tournament in February and that registration for baseball/softball/t-ball has begun.


BUILDING/ZONING

Councilwoman Benton presented building statistics for 2007, stating that the following permits were issued: 417 single family residential, 158 single family attached, 28 stacked condos, 22 multi-family and 22 commercial; with a total of 13,730 inspections performed for the year. Councilwoman Benton then reported that three (3) new single family residential and three (3) commercial permits have been issued this year, with 576 inspections performed.

Mayor Lamb presented certificates of appreciation to Linda Archer, on behalf of her husband Charles, Jack Brewton and Billie Tyler-Stack, outgoing board members of the Pooler Development Authority, thanking them for their service.

Karen Robertson, representing the Pooler Crossroads Chamber of Commerce, gave an update on activities of the Chamber, stating that a general membership meeting is scheduled for February 1st at 1:00 p.m. at the Mighty Eighth Air Force Museum to sign members up and then appoint a board.


Under OLD BUSINESS the following was discussed:

1. Approval of minor subdivision of Lot 4, Morgan Center

Mr. Byrd presented this item which was tabled from the December 17th meeting to allow the developer to address the issue of a traffic signal. Attorney Tim Walmsley and Tom Cobb, representative of Oakmont, presented letters of commitment from three (3) of the four (4) property owners to pay for each of their portion of the cost of installing the traffic signal. After discussion, Councilman Cowart made a motion to approve the minor subdivision. Motion was seconded by Councilwoman Benton and passed without opposition. Councilman Wall thanked Oakmont for their assistance with contacting the other property owners.

2. Approval of Restated Water & Sewer Agreement with the Morgan Family

Mr. Byrd presented the Restated Water & Sewer Agreement, stating that the attorneys have completed their review. Councilman Wall made a motion, seconded by Councilwoman Benton, to approve the Agreement. Motion passed without opposition.


Under NEW BUSINESS the following was discussed:

1. Approval of site plan for Spring Lakes Plaza located on the north side of Jimmy DeLoach Parkway

Mr. Byrd presented the site plan for the Spring Lakes Plaza, a development consisting of approximately 34.5 acres to be subdivided into 13 lots, stating that the engineer’s comments have been addressed. Chip Butts of Kern-Coleman & Company was present to answer any questions. Councilman Wall asked whether the petitioner was willing to change the name as requested previously. Mr. Butts replied that this could be looked into. Councilman Wall further questioned if additional buffer could be provided when the adjacent property is developed, which Mr. Butts replied that this matter would have to be reviewed. After discussion, Councilman Wall made a motion to approve the site plan, contingent upon the name of the plaza being changed and EPD approval. Motion was seconded by Councilman Royal and passed without opposition.

2. Approval of site plan for Sandcastle Learning Center

Mr. Byrd presented the site plan for Sandcastle Learning Center to be located on W. Highway 80, stating that the proposed building will be 10,450 sq. ft. and will include approximately 4,525 sq. ft. for future development, with a privacy fence proposed around three (3) sides of the building and a 20' undisturbed natural buffer on the outside of the property. Further, that all comments from Planning & Zoning and the city’s engineer have been addressed. Downer Davis, project engineer, was present to answer any questions. Rick Tyndall, adjacent property owner, stated that neither he nor the other residents were notified that this item was being discussed tonight and presented concerns, particularly regarding drainage. Joy Aiken, resident, also presented her concern about drainage in the area, noting that the recent eight (8) inches of rainfall caused Pinewood Drive to be closed. Councilman Wall stated that the residents were originally notified in October when this plan was presented to Planning & Zoning and since time has passed, the residents may have forgotten, but that their concerns needed to be addressed possible during a meeting to be held at a later date. Mr. Davis presented the plan, stating that the drainage for this property is now being planned to drain toward Highway 80 (away from the residential area) with a large detention area provided to the west of the proposed building. Councilman Cowart stated that he was not aware that after Planning & Zoning and staff have recommended that Council would have any problem with approving an item, questioning why Council would ask the developer to meet with the residents. After discussion, Councilman Wall made a motion, seconded by Councilman Royal, to table this item until the next meeting. Motion passed with Councilman Cowart opposing.

3. Approval of Final PUD/preliminary construction plan for Somersby Subdivision, Phase 2
Mr. Byrd presented the preliminary construction plan for Phase 2 of Somersby

Subdivision, stating that Planning & Zoning has recommended a second point of access for emergency vehicles be added to the plan and that staff has recommended Council clarify what point a secondary access will be constructed. Travis Burke of Kern-Coleman & Company was present. Councilwoman Benton presented opposition of the fact that the subdivision had only one (1) access. Mr. Burke presented information from a traffic study recently performed, stating that even after build-out of the subdivision, only one (1) access will be warranted (per the study). Councilman Wall questioned whether the developer was willing to construct a sidewalk in the easement of Pine Barren Road. Mr. Burke replied that the developer would agree to this request. Councilwoman Benton asked if it was possible for the road that is stubbed out near the adjacent property to be connected to that development in the future, which Mr. Burke replied that this property has many issues, including wetlands, which would make it costly to develop. After discussion, Councilman Wall made a motion to approve the Final PUD and preliminary construction plan for Somersby Subdivision, Phase 2, contingent upon EPD approval and a sidewalk being constructed on Pine Barren Road on the developer’s frontage. Motion was seconded by Councilman Seay and passed with Councilwoman Benton opposing. Councilman Cowart requested that sidewalks be addressed prior to subdivisions being approved by Council.

4. Approval of site plan for New Harvest International Ministries Church on Quacco Road

Mr. Byrd presented the site plan for the New Harvest International Ministries Church to be located on Quacco Road, stating that all the engineer’s comments have been addressed as well as the contingencies placed by Planning & Zoning. Mr. Byrd stated that the City does not supply water or sewer to this site, that water will be provided by Consolidated Utilities and sewer by a septic tank. T. R. Long, project engineer, was present to answer any questions. Councilman Wall asked whether the property owner was willing to tie into City water and sewer services when they become available. Ken Terrell, Senior Paster of New Harvest, stated that his commitment with Consolidated Utilities is for a period not to exceed 10 years and that after that time the church would tie into the City’s services. After discussion, Councilman Wall made a motion to approve the site plan, contingent upon EPD approval. Motion was seconded by Councilwoman Benton and passed without opposition.

5. Release of maintenance bond for The Gates, Phase 1-A

Mr. Byrd presented this request from the developer of The Gates, stating that a final inspection was performed on September 27, 2007 and that the public works department recommends releasing the bond. Councilman Wall made a motion to release the maintenance bond for Phase 1-A of The Gates. Motion was seconded by Councilman Royal and passed without opposition.


6. Approval of site plan for Seafood Licious on W. Highway 80

Mr. Byrd presented the site plan for Seafood Licious, a retail store to be located at 1137 W. Highway 80, stating that all the engineer’s comments have been addressed. Councilman Wall made a motion to approve the site plan. Motion was seconded by Councilman Seay and passed without opposition.

7. Acceptance of gift deed from Wiregrass Holdings, LLC for property on Dean Forest Road

Mr. Byrd stated that there is an easement associated with this gift deed that needs to be removed from the mylar prior to accepting the gift deed. Therefore, Councilman Wall made a motion to table this item. Motion was seconded by Councilwoman Benton and passed without opposition.

8. Approval of alcoholic beverage license for Brijesh Patel at Crown Liquors

Mr. Byrd presented an application for alcoholic beverage sales (package shop) for Brijesh Patel at the new Crown Liquors at 125 Foxfield Way, Suite 1, stating that Police Chief C. E. Chan has recommended approval. Councilman Wall made a motion, seconded by Councilwoman Benton, to approve the license. Motion passed without opposition. Councilman Seay stated that the city attorney was looking into an ordinance to limit the number of alcohol package shops based on population of the City.

9. Approval of Agreement for Underground Pipeline Facilities for force main to serve Lowe’s

Mr. Byrd presented the Agreement for Underground Pipeline Facilities with Georgia Cental Railway to provide for installation of a 22-inch steel pipeline for conveying sewage under the land and tracks of the railroad near Pooler Parkway, stating that the license fee of $7000 will be paid by the developer. After discussion, Councilman Wall made a motion to approve this Agreement. Motion was seconded by Councilman Royal and passed without opposition.

10. Appointment of new Pooler Development Authority board members

Mr. Byrd stated that the terms of the current members of the Pooler Development Authority have expired, therefore, recommended seven (7) members be appointed as follows: Larry Olliff, Jay Taylor, Jean Carter, Tim Lovezzola, Scotty Fletcher, Jackie Carver and Shelly Cromwell. Councilman Wall made a motion to appoint the aforementioned individuals to the Authority Board. Motion was seconded by Councilman Royal and passed without opposition.

11. Approval of amendment to Schedule of Fees

Mr. Byrd presented a list of fees to be amended in the Schedule of Fees, stating that staff has compared fees to other cities of comparable size. Councilman Wall made a motion to approve the amendment to the Schedule of Fees. Motion was seconded by Councilman Royal and passed without opposition.

Danny Clark, resident of Worthing Estates Subdivision, addressed Council in regards to Pooler Park West II, stating that he is not pleased with the contractors’ hours of operation, the noise associated with the construction that the residents are being subjected to and the fact that the buildings are warehouses. Further, that approximately 100' of undisturbed buffer has been removed. Mr. Clark asked that in the future the City require more compatibility when commercial developments are abutting residential neighborhoods. Mr. Byrd stated that the contractor has been notified about the complaints and that the buffer will be replanted.

Councilman Wall made a motion to adjourn to Executive Session at approximately 7:44 p.m. to discuss legal and personnel matters. Motion was seconded by Councilman Seay and passed without opposition.

Mayor Lamb called the meeting back to order at 7:50 p.m.

There being no further business to discuss, Councilman Wall made a motion to adjourn at approximately 7:50 p.m. Motion was seconded by Councilwoman Benton and passed without opposition.

City of Pooler, GA | 100 US HW 80, Pooler, GA 31322
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Date of Authorization: 2/13/08