Council Minutes July 21, 2008

CITY OF POOLER
CITY COUNCIL MINUTES
July 21, 2008


The regular meeting of the Pooler City Council was held on July 21, 2008. Mayor Mike Lamb called the meeting to order at 6:00 p.m. Present were Councilman 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 Allen was out of town on vacation.

The invocation was given by Councilman Cowart and the Pledge of Allegiance was led by Councilman Seay.

Prior to the minutes of the previous meeting being approved, Mr. Scheer stated that pursuant to Section 2-66 of the Code of Ordinances of the City of Pooler, reconsideration of Item #2 under New Business on July 7, 2008 has been proposed by Councilman Cowart. Councilman Cowart presented this to Council as notification of his intent to reconsider this item, to be able to discuss other matters regarding the re-zoning petition. Councilman Wall expressed concern that this was the first he had heard of this matter. Councilman Cowart requested this item be added to the foot of the agenda for reconsideration. The minutes of the previous meeting were then approved as printed upon a motion by Councilwoman Benton, seconded by Councilman Cowart, subject to Councilman Cowart’s request to reconsider July 7, 2008 Item #2 “Requested zoning map amendment of 78.39 acres of Tract I, Roberts Tract from R-A and R-4 to I-1". Motion passed with Councilman Wall opposing.

Report from the Standing Committees:

FINANCE
Councilman Seay reported on the accounts payable information for June and stated that a cover for the cannon is being constructed. Mr. Byrd added that the lumber has been donated by ProBuild.

PUBLIC SAFETY
Chief C. E. Chan reported that the police department responded to 1188 calls during the period of July 4th through July 18th. Chief Wade Simmons reported that the fire department responded to 122 calls, with five (5) of them being structure fires and four (4) being mutual aid calls.

STREET/DRAINAGE/ PARKS & TREES
Councilman Cowart reported that the street, drainage and parks and trees 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
Councilman Royal reported that registration continues for the men’s basketball summer season.

BUILDING/ZONING
Councilwoman Benton reported that nine (9) new single family residential and three (3) multi-family permits have been issued since the last meeting, totaling 119 residential and 12 multi-family permits for the year, with 4924 inspections performed.

Tom Cannon, representative of the Mighty Eighth Air Force Heritage Museum, addressed Council in regards to how the Museum has been using the allocated hotel/motel funds.

Jerry Rothschild, candidate for District Attorney, addressed Council in regards to the run-off election to be held August 5th. 

There was no OLD BUSINESS to discuss.

Under NEW BUSINESS the following was discussed:

1. Requested variance to place temporary office trailer at 145 Distribution Drive for 14 months
A public hearing was held prior wherein no opposition was presented. Mr. Byrd presented this request from Savannah Warehouse Services to place a temporary office trailer at 145 Distribution Drive for 14 months. Councilman Cowart made a motion to approve the variance, contingent upon the petitioner and the property owner submitting a letter agreeing that the office trailer will be removed at the end of the 14 months, the landscaping being approved by the City and the petition meeting two (2) of the three (3) criteria for granting a variance. Motion was seconded by Councilman Seay and passed without opposition.

2. Requested conditional use to construct a 36,000 sq. ft. family entertainment center on portion of Lot A-2, Towne Center @ Godley Station


A public hearing was held prior. Mr. Byrd presented this request from Bansi Properties, LLC to allow construction of a family entertainment center on a portion of Lot A-2, Towne Center, stating that Planning & Zoning has recommended approval and that staff recommends Council review the criteria for granting a conditional use. Ryan Thompson of Thomas & Hutton Engineering and Rick Danis, General Manager of the proposed center, were present to answer any questions. Councilwoman Benton questioned how the curfew would be enforced, wherein Mr. Danis replied that signs would be posted as well as announcements made about the curfew time. Councilman Wall made a motion to approve the conditional use, contingent upon the request meeting the criteria for granting a conditional use and the terms of the letter submitted by Mr. Thompson (attached to and made a part of these minutes) being applied, to include an outside entrance to the restaurant (bar) area. Motion was seconded by Councilwoman Benton and passed without opposition.

3. Approval of site plan for proposed expansion of Southeastern Freight Lines
Mr. Byrd presented the site plan for an expansion of Southeastern Freight Lines at 1717 Old Dean Forest Road, stating that Planning & Zoning and staff have recommended approval. Councilwoman Benton made a motion to approve the site plan. Motion was seconded by Councilman Seay and passed without opposition.

4. Approval of final plat for Durham Park Townhomes, Phase 1-D
Mr. Byrd presented the final plat for Phase 1-D of the Durham Park Townhomes, stating that the project will consist of five (5) townhome lots. Councilwoman Benton made a motion, seconded by Councilman Cowart, to approve the final plat. Motion passed without opposition.

5. Release of all bonds for Westside Business Park
Mr. Byrd presented this request from the developers of Westside Business Park, stating that all of the punch list items have been completed and the public works department has recommended releasing the maintenance bond in the amount of $736,226.30, the performance bond in the amount of $84,954.00 for the temporary sewer extension, storm and water service to Lot 40 and the performance bond in the amount of $114,570.00 to guarantee the installation of sidewalks and street trees. Councilman Wall expressed concern about the signs prohibiting truck traffic through the commercial area not being posted. Joe Marchese, representative of the owner of the property, stated that two (2) signs were placed and evidently have been removed but he will make sure signs are again posted. Councilwoman Benton made a motion to release the bonds. Motion was seconded by Councilman Royal and passed without opposition.

6. Release of performance bonds for Bridgewater Subdivision, Phases I, II, III & IV
Mr. Byrd presented this request from the developer of Bridgewater Subdivision, stating that the public works department has recommended waiving the requirement of a maintenance bond due to the fact the infrastructure was completed approximately five (5) years ago. Further, that a final inspection was performed on April 10, 2008 and no defects were found. Councilwoman Benton made a motion based on staff recommendation to release the performance bonds for Phases I, II, III & IV of Bridgewater Subdivision. Motion was seconded by Councilman Royal and passed without opposition.

7. Resolution regarding Comprehensive Plan Partial Update
Mayor Lamb read aloud a resolution regarding the Partial Update to the City’s Comprehensive Plan being submitted to the Coastal Georgia Regional Development Center and the Georgia Department of Community Affairs for official review. Councilman Wall stated that some of the Councilmembers had comments to be addressed on the Update, which was determined could be handled prior to approval of the Plan. Councilman Cowart made a motion to adopt the resolution. Motion was seconded by Councilwoman Benton and passed without opposition.

8. Reconsideration of vote on July 7, 2008, regarding the requested zoning map amendment of 78.39 acres of Tract I, Roberts Tract from R-A and R-4 to I-1
Mr.Scheer stated that due to an oversight on July 7, 2008, certain conditions agreed to by the developer of this property at the previous Planning & Zoning meeting were left out of Councilman Cowart’s motion for approval of the zoning map amendment. Councilman Wall made a motion to table this item to allow notification being given to all parties. Motion died due to a lack of a second. Discussion followed, wherein Councilman Cowart read aloud the conditions presented by Attorney Phillip McCorkle and agreed to by Mr. Wardlaw and made a motion to approve the zoning map amendment of 78.39 acres of Tract I, Roberts Tract from R-A and R-4 to I-1, contingent upon the conditions (copy attached to and made a part of these minutes) being placed on the I-1 zoning of this property. Motion was seconded by Councilman Seay. Mayor Lamb stated that the re-zoning should not be approved. Several residents presented their concern over the reconsideration. Carl Nelson reminded Council that this item was being discussed one (1) meeting late. Bill Morgan reminded the councilmembers who voted in favor of the re-zoning of their campaign promises, adding that they were not being fulfilled. Steve Hartley urged Council to reconsider tabling this item, to allow all parties to be present for discussion. Mr. Scheer stated that this is an unprecedented matter and was to correct an error. Councilman Wall recommended that the conditions presented and additional conditions be considered. Mayor Lamb asked if Council would table this item until all parties could be present. Councilman Seay expressed concern that this would set a precedence and stated that he has always voted for what is best for the whole community and that this project will create jobs. Mayor Lamb called for a vote on the motion. Motion passed with Councilman Wall opposing.

Councilman Wall made a motion to adjourn to Executive Session at approximately 7:15 p.m. to discuss personnel and legal matters. Motion was seconded by Councilman Seay and passed without opposition.

Mayor Lamb called the meeting back to order at 8:24 p.m.

There being no further business to discuss, Councilman Cowart made a motion to adjourn at approximately 8:24 p.m. Motion was seconded by Councilman Wall and passed without opposition.

Respectfully submitted,

Maribeth Lindler
City Clerk


_____________________________
Mayor

Public Hearing

A public hearing was held prior to the regular City Council meeting on July 21, 2008. Mayor Mike Lamb called the hearing to order at 5:30 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.

The purpose of this hearing was to discuss a requested variance to place a temporary office trailer at 145 Distribution Drive for 14 months. Mr. Byrd stated that the SWS Warehouse building is complete and the office trailer will allow operations involving exporting lumber, floor joist and roof joist which are separate from operations of the SWS Warehouse. Further, that once the office trailer is removed, these operations will cease to exist.

There being no further discussion, the hearing was adjourned at approximately 5:34 p.m.

Public Hearing

A public hearing was held prior to the regular City Council meeting on July 21, 2008. Mayor Mike Lamb called the hearing to order at 5:45 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.

The purpose of this hearing was to discuss a requested conditional use to construct a 36,000 sq. ft. family entertainment center on a portion of Lot A-2, Towne Center @ Godley Station. Ryan Thompson of Thomas & Hutton Engineering presented this request, stating that the site layout is the same as what was approved by Planning & Zoning for the Highway 80 site. Further, that the project will provide adequate screening and buffering to the adjacent parcels. Councilman Wall questioned if an outside door leading to the restaurant (bar) area is proposed and that security is going to be provided. Rick Danis, General Manager of the Center, replied that the plan shows the requested door and that security will be provided. 

There being no further discussion, the hearing was adjourned at approximately 5:58 p.m.

City of Pooler, GA | 100 US HW 80, Pooler, GA 31322
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