Council Minutes May 17, 2010

CITY OF POOLER
CITY COUNCIL MINUTES
May 17, 2010


The regular meeting of the Pooler City Council was held on May 17, 2010. 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 and Councilman Mike Royal. City Manager Robbie Byrd and City Attorney Steve Scheer were also present. Councilman Stevie Wall was absent due to work. 

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 Allen, seconded by Councilwoman Benton, with no opposition. 

Report from the Standing Committees: 

FINANCE

Councilman Burke presented the accounts payable information for the month of May, making a motion to pay the bills in excess of $1500.00. Motion was seconded by Councilman Allen and passed without opposition. 

PUBLIC SAFETY

Councilman Royal reported that the police department responded to 1166 calls during the period of April 30ththroug May 13th, with 9827 calls for the year and that the fire department responded to 93 calls this month. 

PARKS & TREES/STREET/DRAINAGE

Councilwoman Benton reported that the parks & trees, street and drainage departments performed routine maintenance. 

WATER/SEWER

Councilman Wall was absent. 

RECREATION

Councilwoman Black reported that baseball, softball and soccer games end this week and that the City will be hosting the 10 & under boys’ GRPA baseball tournament. 

BUILDING/ZONING

Councilman Allen reported that four (4) new single family residential permits have been issued since the last meeting, totaling 53 for the year, and that 1217 inspections have been performed this year.

Mayor Lamb presented a 20-year service pin to Police Detective Sergeant Randy Lindler, thanking him for his continued service to the City.

There was no OLD BUSINESS to discuss.

Under NEW BUSINESS the following was discussed: 

1. Request to expand the conditional use permit for Title Max to include the adjacentunit at 858 W. Highway 80

A public hearing was held prior wherein no opposition was presented. Clay Collins, representing Title Max, was present. Mr. Byrd stated that the business would like to expand into the adjacent unit at 858 W. Highway 80. Councilman Allen made a motion to approve the request, contingent upon there being no inventory, no on-site vehicle storage, nor any weapons for sale at this location, as was set forth when the original conditional use was approved. Motion was seconded by Councilman Burke and passed without opposition. 

2. Requested conditional use to operate a restaurant/bar at 1024 W. Highway 80,Suite 118

A public hearing was held prior wherein Council presented several concerns over the proposed use being detrimental to the adjacent properties and it affecting the health and safety of residents. Also, that the proposed use will constitute a nuisance or hazard because of the number of persons who will attend the facility and vehicular movement acquainted with the use will cause a nuisance. Further, that the use will adversely impact adjacent properties’ values. Mr. Byrd stated that the 70-seat restaurant will be open seven (7) days a week, with three (3) nights as a bar with “finger” food and a dance floor. James Hoffman, petitioner, addressed Council in regards to what could be done to allow him to operate. After discussion, Councilwoman Benton made a motion to deny the request, based on it not meeting #2, #3 and #7 of the criteria for granting a conditional use. Motion was seconded by Councilman Burke and passed without opposition. 

3. Acceptance of performance bond/approval of major subdivision plat for Pooler Marketplace

Mr. Byrd presented a request from Pooler (E&A), LLC to accept the performance bond and approve the final plat for their eight (8) lot commercial subdivision in the northeast quadrant of Pooler Parkway & Park Avenue. Mr. Byrd stated that the development will consist of an anchor grocery store, with other mixed retail, restaurant and theater uses. Further, that the roadways and drainage system will be privately owned and maintained, with access being provided by an access easement. Councilman Allen made a motion to accept the performance bond and approve the final plat for the subdivision, contingent upon the city attorney approving the bond. Motion was seconded by Councilwoman Benton and passed without opposition.

4. Approval of resolution regarding Budget Adjustment 2010-02 for the general fund

Mr. Byrd presented a resolution regarding a budget adjustment for the general fund (copy attached to and made a part of these minutes). Councilman Allen made a motion, seconded by Councilman Royal, to approve the resolution. Motion passed without opposition. 

Councilwoman Benton made a motion to add Item #5 to the agenda. Motion was seconded by Councilman Allen and passed without opposition. 

5. Approval of change order #2 for the Intersection Improvements and TrafficSignalization Installation at Godley Station Boulevard

Mr. Byrd presented a change order in the amount of $27,150.00 for the intersection improvements and traffic signal installation at Godley Station Boulevard and Pooler Parkway, stating that the previous budget adjustment included this amount. Councilwoman Benton made a motion to approve the change order. Motion was seconded by Councilman Allen and passed without opposition. 

Mr. Scheer stated that there was no longer a need for the Executive Session that was placed on the agenda. 

Daniel Brown, resident on Morgan Street, addressed Council in regards to an ongoing drainage problem he is experiencing near his home. Mayor Lamb instructed Mr. Byrd to look into this matter. 

There being no further business to discuss, Councilman Allen made a motion to adjourn at approximately 6:39 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 May 17, 2010. 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 Mike Royal. City Manager Robbie Byrd and City Attorney Steve Scheer were also present.

The purpose of the hearing was to discuss:

(1)A request to expand the conditional use permit for Title Max to include the adjacent unit at 858 W. Highway 80- Mr. Byrd presented the request from Title Max, stating that the business would like to expand into the adjacent unit at 858 W. Highway 80.  Further, recommending that the contingencies (no inventory, no on-site vehicle storage nor any weapons being for sale) that were placed on the business when it was originally permitted at 856 W. Highway 80 be considered.

(2)a requested conditional use to operate a restaurant/bar at 1024 W. Highway 80, Suite 118- Mr. Byrd presented a request from James Hoffman to operate a restaurant/bar at 1024 W. Highway 80, Suite 118, stating that the 70-seat restaurant will be open seven (7) days a week, with three (3) nights as a bar with “finger” food and a dance floor and be open until 2:00 a.m. on these nights.Councilwoman Benton expressed caution over the fact that the entrances/exits to the shopping center were already dangerous, adding that the close proximity to residences would create a nuisance as to the health and welfare of the residents. Tom Nichols, owner of property on Dowd Street, stated that the proposed use will create a problem with noise. Councilwoman Benton added that the use will adversely affect adjacent properties’ values.

There being no further discussion, the hearing was adjourned at approximately 5:50 p.m.

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