Council Minutes April 20, 2015

CITY OF POOLER
COUNCIL MINUTES
APRIL 20, 2015

 

The regular meeting of the Pooler City Council was held on April 20, 2015. Mayor Mike Lamb called the meeting to order at 6:00 p.m. Present were Councilman Bruce Allen, Councilwoman Rebecca Benton, Councilwoman Shannon Black, Councilman David Burke, Councilman Mike Royal and Councilman Stevie Wall. City Manager Robbie Byrd, Finance Officer/Assistant City Manager Michelle McNeely and City Attorney Steve Scheer were also present. 

The invocation was given by Councilman Allen and the Pledge of Allegiance was led by Councilman Burke.

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

The minutes of the April 6th Executive Session were approved upon a motion by Councilman Burke, seconded by Councilwoman Benton, with no opposition.

Report from the Standing Committees:

FINANCE
Councilman Burke presented bills in excess of $1500.00 and made a motion to pay, subject to funds. Motion was seconded by Councilman Wall and passed without opposition.

PUBLIC SAFETY
Councilman Royal reported that the police department responded to 1240 calls since the last meeting, totaling 9352 for the year and that the fire department responded to 172 calls, totaling 924 for the year. 

STREET/DRAINAGE
Councilwoman Benton reported that the street and drainage departments performed routine maintenance and commended the police and fire departments for their assistance with the opening of Tanger Outlets.
Councilwoman Benton made a motion to change Item #7 under New Business to Item #5 and Item #5 to Item #7. Motion was seconded by Councilman Wall and passed without opposition.

WATER/SEWER
Councilman Wall reported that the water and sewer departments performed routine maintenance and that all parameters are being met at the wastewater treatment plant. Further, that after condemnation proceedings with the laundry store owner, the matter was settled with the owner receiving the amount that was originally offered to her, which was significantly less than the amount she asked for.

RECREATION 
Councilwoman Black reported that baseball and softball games are ongoing, that the Farmers Market will be open every Wednesday evening and that the senior citizens will be having a yard sale this weekend.

BUILDING/ZONING
Councilman Allen reported that four (4) new single family residential, three (3) attached unit and 19 commercial permits were issued since the last meeting, totaling 48 single family, 20 attached unit and 285 commercial permits for the year, with 1994 inspections performed.

Attorney Craig Call and District Attorney Meg Heap presented information regarding Georgia Legal Food Frenzy, asking for non-perishable food donations until May 1st. 

Under OLD BUSINESS the following was discussed:

1. Harry Kyriakides’ request for hookah smoking to be “grandfathered” within the smoke-free air ordinance
Mr. Kyriakides, owner of the Mediterranean Restaurant on Foxfield Way, requested that hookah smoking be “grandfathered” within the City’s newly adopted smoke-free air ordinance, stating that he believes that while over 82% of the voters did not want smoking to be allowed, they did not think it included hookah smoking, which he stated was not a tobacco product. Mike Vacquer, representing Mr. Kyriakides, stated that he believes the ordinance does not apply to hookah smoking, since it is not a tobacco product. Mr. Scheer stated that Mr. Kyriakides was never permitted by the City for a hookah lounge, that his business is a restaurant and that Council cannot give an advisory opinion as to the interpretation of the ordinance. Mr. Vacquer stated that since hookah smoking is a legal use, Mr. Kyriakides should be allowed to offer it in his restaurant. Mr. Scheer replied that it is up to a court to interpret the ordinance and he does not believe that Council can “grandfather” hookah smoking since it was not approved by them to be permitted as a hookah lounge. Mr. Vacquer requested to further research the licensing/registration of the business and have an opportunity to come back with the specifics at a later date. This request was honored.

2. Second Reading on zoning text amendment to add “auto body repair and paint shops” as a conditional use in C-2 zoning
Mr. Byrd presented a zoning text amendment, stating that a public hearing was held at the April 6th Council meeting with the amendment being approved on First Reading. Councilman Royal made a motion to approve the amendment on Second Reading, contingent upon all auto body repair work and painting being conducted inside an enclosed building. Motion was seconded by Councilwoman Black and passed with Councilman Burke and Councilman Wall opposing.

Under NEW BUSINESS the following was discussed:

1. Conditional use to construct an auto body repair and paint shop at 63 Columbia Drive
A public hearing was held prior. Mr. Byrd stated that Planning & Zoning has recommended approval. The petitioner intends to construct an auto body repair and paint shop in Westside Business Park. Councilman Royal made a motion, based on the request meeting the criteria, to approve the conditional use, contingent upon all auto body repair work and painting being conducted inside an enclosed building. Motion was seconded by Councilwoman Black and passed with Councilman Burke and Councilman Wall opposing.

2. Final plat for Danbury Park, Phase 2
Phase 2 of Danbury Park consists of nine (9) townhome lots and is located off Blue Moon Crossing in Savannah Quarters. Mr. Byrd stated that all of the infrastructure was completed in Phase 1 and a final inspection was performed. Councilman Allen made a motion to approve the plat. Motion was seconded by Councilwoman Benton and passed without opposition.

3. Acceptance of maintenance bond/approval of final plat for Somersby, Phase 2C
Pine Barren Partners, LLC has submitted a final plat for Somersby, Phase 2C which consists of 44 single-family residential lots. Mr. Byrd stated that Planning & Zoning and staff recommend approval. Councilman Allen made a motion, seconded by Councilwoman Benton, to accept the maintenance bond in the amount of $183,294.00 and approve the final plat, contingent upon the city attorney approving the bond. Motion passed without opposition.

4. Acceptance of maintenance bond/approval of final plat for Davenport, Phase I
First Davenport, LLC has submitted a final plat for Phase 1 of Davenport, consisting of 46 single-family residential lots located in the southwest quadrant of I-95 and I-16, east of Quacco Road. Mr. Byrd stated that Planning & Zoning and staff recommend approval. Councilman Allen made a motion to accept the maintenance bond in the amount of $352,352.00 and approve the final plat, contingent upon the city attorney approving the bond. Motion was seconded by Councilwoman Benton and passed without opposition.

5. Amendment to motion for TCW site plan approval on March 16, 2015
Mr. Byrd stated that when the site plan was approved, it was contingent upon a traffic light being installed at the intersection of Jimmy DeLoach Parkway and Nordic Way prior to a certificate of occupancy being issued. Further, that a study was recently performed and a light was not yet warranted, but that it will be upon buildout. Further, that since Jimmy DeLoach is a county-owned road, they will not approve the light unless it is warranted. Mr. Byrd recommended that the motion be amended, contingent upon $300,000 being placed in an escrow account by the developer for five (5) or more years and that a warrant study be performed annually for a traffic signal at the intersection. Terry Coleman of Coleman Company presented information regarding the site, stated that the escrow account is in place. Councilman Wall stated that any decision should wait until Chatham County has been asked to approve the traffic light, to override the County engineer’s recommendation. After discussion, Councilwoman Benton made a motion to amend the motion made on March 16th for the site plan approval of TCW, contingent upon the $300,000 being placed in a Georgia Bar approved trust account and a warrant study being performed on an annual basis or until the traffic light is approved. Motion was seconded by Councilwoman Black and passed with Councilman Allen and Councilman Wall opposing.

6. Construction plan for Nordic Way Extension
Coleman Company has submitted a construction plan to extend Nordic Way to the west 400' and to the east 185' to serve the Tennessee Commercial Warehouse (TCW) site and future developments. Councilman Burke made a motion to approve the plan, contingent upon “No Parking” signs being placed along Nordic Way. Motion was seconded by Councilwoman Benton and passed without opposition.

7. Site plan for Port City Logistics
Kern & Company has submitted a site plan for Port City Logistics, a 230,400 sq. ft. warehouse proposed at 195 Nordic Way. Mr. Byrd stated that all of the engineering comments have been addressed. Councilman Burke made a motion, seconded by Councilwoman Black, to approve the site plan. Motion passed with Councilman Allen and Councilman Wall opposing.

8 . Alcoholic beverage license for Montgomery F. Moran at Chipotle Mexican Grill
Montgomery F. Moran has submitted an application to serve alcoholic beverages at the new Chipotle Mexican Grill at 6 Mill Creek Circle. Mr. Byrd stated that Police Chief Mark Revenew has performed the background investigation and recommends approval. Councilman Royal made a motion, seconded by Councilman Burke, to approve the license, to include Sunday sales, with no alcohol being allowed in the outside dining area. Motion passed with Councilman Allen opposing.

9. Alcoholic beverage license for Carol M. Sellers at Salt Table
Carol M. Sellers has submitted an application to sell beer and wine at Salt Table, a retail store located at 200 Tanger Outlet Boulevard, Suite 729. Mr. Byrd stated that Police Chief Mark Revenew has performed the background investigation and recommends approval. Councilwoman Benton made a motion, seconded by Councilman Royal, to approve the license. Motion passed with Councilman Allen opposing.


10. Alcoholic beverage license (wholesale wine) for Albert Rattacasa at East Coast Distributing Company Georgia, LLC
Albert Rattacasa has submitted an application for wholesale wine distributing at 1018 W. Highway 80, Suite 604. Mr. Byrd stated that Police Chief Mark Revenew has performed the background investigation and recommends approval. Councilman Burke made a motion, seconded by Councilman Royal, to approve the license. Motion passed with Councilman Allen opposing.

11. Award bid for parking lot at recreation park
Mr. Byrd presented bids for a new parking lot at the recreation park on S. Rogers Street. Councilman Burke made a motion to award the bid to the low bidder, J.L. Hardin, Inc dba HARCO Construction in the amount of $398,911.00. Motion was seconded by Councilwoman Black and passed without opposition.

12. Proposal from Jake Patrick and Son Plumbing, Inc. for plumbing at Recreation Complex Phase II
Mr. Byrd presented a proposal from Jake Patrick and Son Plumbing for the rough-in plumbing at Phase II of the Recreation Complex. Councilman Royal made a motion, seconded by Councilwoman Benton, to approve the proposal in the amount of $34,500.00. Motion passed without opposition.

13. Proposal from Crout Electric for electrical at Recreation Complex Phase II
Mr. Byrd presented a proposal from Crout Electric for the electrical work at Phase II of the Recreation Complex. Councilwoman Black made a motion to approve the proposal in the amount of $62,230.00. Motion was seconded by Councilwoman Benton and passed without opposition.

14. Proposal from Terracon for Geotechnical Engineering Services at Recreation Complex Phase II
Mr. Byrd presented a proposal from Terracon for Geotechnical Engineering Services at Phase II of the Recreation Complex. Councilwoman Black made a motion, seconded by Councilwoman Black, to approve the proposal in the amount of $5,157.50. 
Councilman Wall made a motion to adjourn to Executive Session at approximately 7:22 p.m. to discuss personnel, legal and real estate matters. Motion was seconded by Councilman Royal and passed without opposition.

Mayor Lamb called the meeting back to order at 7:40 p.m.

There being no further business to discuss, Councilman Allen made a motion to adjourn at approximately 7:40 p.m. Motion was seconded by Councilman Royal and passed without opposition.




Public Hearing



A public hearing was held prior to the regular City Council meeting 
April 20, 2015. Mayor Mike Lamb called the hearing to order at 5:45 p.m. Present were Councilman Bruce Allen, Councilwoman Rebecca Benton, Councilwoman Shannon Black, Councilman David Burke and Councilman Stevie Wall. City Manager Robbie Byrd, Finance Officer/Assistant City Manager Michelle McNeely and City Attorney Steve Scheer were also present. 

The purpose of the hearing was to discuss a requested conditional use to construct an auto body repair and paint shop at 63 Columbia Drive. Danny Anderson, representing Mark Harrington of Heritage Bank of the South, presented the request, stating that the intent is to construct a first-class facility that will offer auto body repairs and painting. Mr. Byrd stated that this request can only be approved if the zoning text amendment (Item #2 under Old Business) is approved on Second Reading. Councilman Wall stated that since the property is adjacent to land that is already zoned I-1 (light industrial) and auto body repair and paint shops are permitted in I-1, he recommended this property be re-zoned. Further, that allowing a conditional use in C-2 zoning districts will make it possible for body shops to locate on Pooler Parkway and Highway 80. Councilwoman Benton presented concern over body shops locating on the Parkway or Highway 80. Mr. Byrd stated that each request will have to meet the criteria for granting a conditional use.

There being no further discussion, the hearing was adjourned at approximately 5:57 p.m.

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