Council Minutes July 16, 2012

CITY OF POOLER
COUNCIL MINUTES
July 16, 2012  


The regular meeting of the Pooler City Council was held on July 16, 2012. 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 Mike Royal and Councilman Stevie Wall. Finance Officer/Assistant City Manager Michelle McNeely and City Attorney Steve Scheer were also present. Councilman David Burke was absent due to illness.

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

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

Report from the Standing Committees:

FINANCE

Ms. McNeely presented bills for the month in excess of $1500.00. Councilman Wall made a motion to pay the bills, subject to funds. Motion was seconded by Councilwoman Benton and passed without opposition.

PUBLIC SAFETY

Councilman Royal stated that the fire department responded to 143 calls during the period of July 1stthrough 15th, totaling 1375 calls for the year and that the police department responded to 1262 calls during the period of June 29ththrough July 12th, totaling 16,706 calls for year.

STREET/DRAINAGE

Councilwoman Benton reported that the street and drainage departments performed routine maintenance.

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.

RECREATION

Councilwoman Black reported that the eight (8) and under boys’ all-star baseball team finished 3rdat the State tournament. Further, that registration for football, cheerleading and soccer continues.

BUILDING/ZONING

Councilwoman Benton reported that six (6) new single family residential and two (2) commercial permits were issued since the last meeting, totaling 129 single family and 28 commercial permits for the year, with 2104 inspections performed.

Councilman Royal made a motion to add Item #14 under New Business. Motion was seconded by Councilman Wall and passed without opposition.

Under OLD BUSINESS the following was discussed:

Councilman Royal made a motion to move Item #1 under Old Business to the foot of the agenda. Motion was seconded by Councilwoman Benton and passed without opposition.

1. Revocation of alcoholic beverage license at Robin’s Nest Grill

Respondents Tim and Robin Butler appeared at the hearing, represented by Attorney Michael Hostilo. Respondents waived all requirements of notice, and proceeded with the hearing. Mr. Scheer stated that an agreement was signed and submitted by the owners of Robin’s Nest Grill on June 18threquesting this item being postponed until this day, which included the acknowledgment and waiver of notice. Mr. Scheer explained to Council that the hearing was to determine whether the evidence being submitted was substantial to revoke the alcoholic beverage license. Mr. Scheer presented evidence to Council and submitted testimony from members of the Pooler Police Department. Respondents then submitted testimony from Mr. Greg Lysz, a manager of Robin’s Nest, and Tim Butler, owner. All evidence was submitted without objection. Mr. Scheer made closing remarks to Council regarding the evidence and testimony presented, followed by closing remarks by Mr. Hostilo. After discussion and further questioning by Council, Councilwoman Benton made a motion to revoke the alcoholic beverage license at Robin’s Nest Grill, based on the evidence presented. Motion was seconded by Councilman Royal and passed without opposition.

2. Second Reading on amendment to alcoholic beverage ordinance to establishadditional rules and regulations

Ms. McNeely presented an amendment to the alcoholic beverage ordinance. Councilman Royal made a motion, seconded by Councilman Wall, to approve the amendment to the ordinance on Second Reading. Motion passed without opposition.

3. Second Reading on amendment to loitering ordinance to prohibit remaining or   loitering in city parks during certain hours

Ms. McNeely presented an amendment to the loitering ordinance. Councilwoman Benton made a motion to approve the amendment to the ordinance on Second Reading. Motion was seconded by Councilwoman Black and passed without opposition.

4. Second Reading on amendment to traffic and vehicles ordinance to prohibit driving       across private property to avoid intersections

Ms. McNeely presented an amendment to the traffic and vehicles ordinance. Councilman Royal made a motion, seconded by Councilwoman Benton, to approve the amendment to the ordinance on Second Reading. Motion passed without opposition.

5. Second Reading on motorized cart and community transportation vehicle ordinance

Ms. McNeely presented a motorized cart and community transportation vehicle ordinance to provide for rules and regulations for golf carts, atvs, etc. Councilman Royal made a motion to approve the ordinance on Second Reading. Motion was seconded by Councilwoman Benton and passed without opposition.

Under NEW BUSINESS the following was discussed:

1. Requested zoning map amendment of 13.69 acres in the southern portion of Towne      Park Pooler Townhome Community on Governor Treutlen Drive

A public hearing was held prior wherein several property owners in the townhome community presented opposition of the request to re-zone 13.69 acres in the southern portion of Towne Park Pooler Townhome Community from R-4 (townhome/condominium) to R-3B (multi-family residential), to redevelop the property as two (2) separate residential communities. Brett Turner of Whitaker Investment Group, LLC stated that the sale of the townhome community failed twice and that this plan is economically viable for everyone. Councilman Wall recommended a fence be considered to be placed along the perimeter of the townhome community to prohibit entrance for unwelcome guests. Further, that the developer be required to ensure the gate being functional for the townhome community, prior to any certificate of occupancy being issued for the apartment complex. Mr. Turner stated that a nine foot (9') brick wall with landscaping on both sides is planned to separate the communities and that he agrees with Councilman Wall in regards to the additional fencing and the gate being functional. Councilman Allen questioned who would be responsible for the landscape maintenance, wherein Mr. Turner replied that the homeowners association is responsible. Judy Mansour, resident, expressed concern over the roads and cul-de-sacs being too narrow for fire trucks to travel, wherein Councilman Wall advised that this issue would be addressed when the site plan is submitted. After further discussion, Councilman Wall made a motion to approve the zoning map amendment, based on review of the criteria and contingent upon the variance (Item #2 which follows) being approved, with the following conditions: the gate for the townhome community being functional prior to any certificate of occupancy being issued in the apartment complex, a privacy fence (6') being constructed along the perimeter of the townhome community, a 60' wide buffer being between the two communities, a 9' masonry wall being constructed with landscaping on each side, all existing roads being terminated with the construction of cul-de-sacs and each community having their own separate entrance and their own amenity site. Motion was seconded by Councilman Royal and passed without opposition.

2. Requested variance on the minimum acreage requirements in the R-4 zoning district    for the northern 12.13 acres of Towne Park Pooler Townhome Community

A public hearing was held prior wherein a requested variance on the minimum acreage requirements in the R-4 zoning district for the northern 12.13 acres of Towne Park Pooler Townhome Community was discussed, with property owners in the townhome community expressing opposition of the requested re-zoning. Ms. McNeely stated that the re-zoning of the 13.69 acres has been approved previously in Item #1, creating less than the minimum 20 acres required in an R-4 zoning district. Councilman Wall made a motion to approve the variance, based on the request meeting #2 and #3 of the criteria. Motion was seconded by Councilman Royal and passed without opposition.

3. Requested 25' front building setback variance from Gray Street and a 31' front   building setback variance from Highway 80 for Gate Petroleum Company

A public hearing was held prior wherein no opposition was presented. Gate Petroleum Company is requesting a 25' front building setback variance from Gray Street and a 31' front building setback variance from Highway 80 to allow the construction of a new convenience store. Councilman Wall made a motion to approve the variances, based on them meeting #1 and #2 of the criteria. Motion was seconded by Councilwoman Benton and passed without opposition.

4. Requested 10' building height variance for Nordic Savannah, LLC to construct a 400,000 sq. ft. temperature controlled storage facility on Jimmy DeLoach                   Parkway

A public hearing was held prior wherein no opposition was presented. Terry Coleman of Kern-Coleman & Company, representing Nordic Savannah, LLC, presented a requested 10' building height variance to construct a 400,000 sq. ft. temperature-controlled storage facility on Jimmy DeLoach Parkway. Councilwoman Benton asked if the developer was willing to pay for the construction of a traffic light. Mr. Coleman replied that if a light is warranted, the developer is willing to participate in a portion of the cost. Councilwoman Benton made a motion to approve the variance, based on the request meeting #1 and #3 of the criteria. Motion was seconded by Councilwoman Black and passed with Councilman Allen opposing.

5. Approval of site plan for proposed warehouse development on Jimmy DeLoach Parkway

Terry Coleman of Kern-Coleman & Company presented the site plan for a proposed warehouse development on Jimmy DeLoach Parkway. Councilwoman Benton made a motion to approve the site plan, contingent upon a letter of commitment for the amount of contribution ($8550.00) to the City’s tree bank fund being submitted. Motion was seconded by Councilman Wall and passed with Councilman Allen opposing.

6. Approval of site plan for Godley Industrial Park on Jimmy DeLoach Parkway

Terry Coleman of Kern-Coleman & Company presented the site plan for Godley Industrial Park on Jimmy DeLoach Parkway, stating that they have addressed the City engineer’s comments but are awaiting a letter of approval. Councilman Wall made a motion to approve the site plan, contingent upon receipt of an approval letter from the City’s engineer and EPD approval. Motion was seconded by Councilwoman Benton and passed with Councilman Allen opposing.

7. Revised site plan for Family Dollar to construct newly proposed connecting drive to       commercial area to the north

Ms. McNeely presented a revised site plan for the new Family Dollar to allow for construction of a newly proposed connecting drive to the commercial area to the north. Councilman Wall made a motion to deny the revised site plan, based on public safety and the City engineer’s recommendation. Motion was seconded by Councilman Royal and passed without opposition.

8. Approval of Change Order #2 for Pooler Parkway Water Main Extension

Ms. McNeely presented Changer Order #2 for the Pooler Parkway Water Main Extension project, stating that additional work has been requested by the City. Councilman Wall made a motion to approve the change order in the amount of $4250.00. Motion was seconded by Councilman Royal and passed without opposition.

9. Approval of Change Order #1 for Site Clearing at Fire Station #3

Ms. McNeely presented change order #1 for the Site Clearing at Fire Station #3, stating that additional fill is needed to bring the building pad to design elevation as well as muck and backfill for the parking area and drive. Councilman Royal made a motion, seconded by Councilwoman Benton, to approve the change order in the amount of $15,943.71. Motion passed without opposition.

10. Approval of Quit Claim Deed and Release of Limited Warranty Deed with Gateway    Construction Corporation

Ms. McNeely presented a Quit Claim Deed and Release of Limited Warranty Deed with Gateway Construction Corporation for Parcel A-1B, a portion of lands of Sheppard Station Apartments, L.P.Councilman Wall made a motion to approve. Motion was seconded by Councilwoman Black and passed without opposition.

11. Approval of amendment to Standard Specifications pursuant to EPD’s approval

Ms. McNeely presented revisions to the Standard Specifications detailing wastewater in particular which have been adequately addressed and approved by the Environmental Protection Division. Councilman Wall made a motion, seconded by Councilwoman Benton, to approve the amendment to the Standard Specifications. Motion passed without opposition.   

12. Approval of amendment to Schedule of Fees

Ms. McNeely presented an amendment to the Schedule of Fees regarding meter fees and a 2.5% annual increase proposed every January to the water and sewer (variable) rates. Councilman Wall made a motion to approve the amendment. Motion was seconded by Councilwoman Benton and passed without opposition.

13. Adoption of 2012 millage rate

Ms. McNeely stated that the proposed millage rate of 4.635 mills for 2012 is the same as 2011. Therefore, Councilman Wall made a motion, seconded by Councilman Royal, to adopt the 2012 millage rate at 4.635 mills. Motion passed without opposition.

14. Approval of Change Order #1 for Fire Station #3 (building construction)

Ms. McNeely presented a change order in the amount of $25,553.38 for the construction of Fire Station #3 to change the facade to brick. Councilman Royal made a motion to approve the change order.Motion was seconded by Councilwoman Benton and passed without opposition.

There being no further business to discuss, Councilman Wall made a motion to adjourn at approximately 8:38 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 on

July 16, 2012. Mayor Mike Lamb called the hearing to order at 5:30 p.m. Present were Councilman Bruce Allen, Councilwoman Rebecca Benton, Councilwoman Shannon Black, Councilman Mike Royal and Councilman Stevie Wall. Finance Officer/Assistant City Manager Michelle McNeely and City Attorney Steve Scheer were also present.

The purpose of the hearing was to discuss (1) a requested zoning map amendment of 13.69 acres in the southern portion of Towne Park Pooler Townhome Community on Governor Treutlen Drive and (2) a requested variance on the minimum acreage requirements in the R-4 zoning district for the northern 12.13 acres of Towne Park Pooler Townhome Community. Hayley Miltiades, resident of the townhome community, presented opposition to the requested re-zoning by way of a petition signed by several townhome owners. Ella Timmons, resident, presented opposition, based on potential safety and traffic issues and the possibility of property values decreasing.

There being no further discussion, the hearing was adjourned at approximately 5:40 p.m.


                                                               Public Hearing

A public hearing was held prior to the regular City Council meeting on

July 16, 2012. 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 Mike Royal and Councilman Stevie Wall. 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 25' front building setback variance from Gray Street and a 31' front building setback variance from Highway 80 for Gate Petroleum Company. George Nail of Gate Petroleum Company presented the requested variances that are needed for the construction of a new 4940 sq. ft. convenience store to replace the old 4884 sq ft. facility at 418 E. Highway 80.Councilman Allen questioned if other businesses will locate within the new building. Mr. Nail replied that there will be a convenience store only.

There being no further discussion, the hearing was adjourned at approximately 5:48 p.m.


                                                               Public Hearing

A public hearing was held prior to the regular City Council meeting on

July 16, 2012. Mayor Mike Lamb called the hearing to order at 5:50 p.m. Present were Councilman Bruce Allen, Councilwoman Rebecca Benton, Councilwoman Shannon Black, Councilman Mike Royal and Councilman Stevie Wall. 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 10' building height variance for Nordic Savannah, LLC to construct a 400,000 sq. ft. temperature controlled storage facility on Jimmy DeLoach Parkway. Terry Coleman of Kern-Coleman & Company presented a requested 10' building height variance to allow a temperature controlled storage facility to be constructed which requires a racking system with a minimum height restriction of 52'. Mr. Coleman introduced Ross Maple of Nordic Savannah, LLC. William Barnes, resident, stated the importance of having this type of business locating in Pooler and what a great economic project it is to the City of Pooler. John Petrino of the Georgia Ports Authority, thanked Council for their support of the project.

There being no further discussion, the hearing was adjourned at approximately 6:00 p.m.

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Date of Authorization: 2/13/08