Council Minutes August 6, 2007

CITY OF POOLER
CITY COUNCIL MINUTES
August 6, 2007


The regular meeting of the Pooler City Council was held on August 6, 2007. Mayor Mike Lamb called the meeting to order at 6:00 p.m. Present were Councilmen Mike Royal, Wayne Seay, Billy Stanley, Stevie Wall and Councilwoman Rebecca Benton. City Manager Dennis Baxter, Assistant 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 Mr. Baxter 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.

Report from the Standing Committees:

FINANCE
Councilman Stanley 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 that the police department responded to 832 calls since the last meeting. Chief Jay Hillis reported that the fire department responded to 139 calls since the last meeting, with 14 of them being structure fires.

STREET/DRAINAGE/PARKS & TREES
Councilman Seay 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 the men’s basketball league has begun and that football and cheerleading signups have concluded with over 200 participating.


BUILDING/ZONING
Councilwoman Benton reported that 26 new single family residential, six (6) attached unit and two (2) commercial permits were issued since the last meeting, totaling 332 residential, 102 attached unit and 56 commercial permits for the year, with 9235 inspections performed. Councilwoman Benton presented Council with a list of proposed street names for the Asbury Park Townhomes on Quacco Road.


Under OLD BUSINESS the following was discussed:

1. Approval of storm drain revision for LaQuinta Inn & Suites
Mr. Baxter presented this item which was tabled from the last meeting, stating that the city engineer’s comments have been addressed. Mr. Scheer presented information recently received from the Georgia Municipal Association in regards to cities being held liable for recurrent flooding problems, stating that he would like to prepare a “hold harmless” agreement for this development. Rick Shumate, contractor, stated that the retention pond proposed on the motel site will handle 95% of the stormwater runoff, with the pond proposed in the city’s easement handling the remaining five percent (5%) for the whole subdivision’s drainage. Mr. Baxter questioned whether the five percent (5%) could be added to the retention pond on private property, should the city attorney determine that the city’s easement cannot be used. Mr. Shumate replied that there will be no problem with providing retention for 95% of the project on site but any additional retention will require the engineer to revise the plan again to be approved by the city’s engineer. Mr. Shumate requested to be allowed to begin work on site. Councilman Wall made a motion, seconded by Councilwoman Benton, to approve the storm drain revision with work being performed on the motel site only, contingent upon any further work in the city’s easement being approved by the city attorney, with any further revision (work in the city’s easement) to be approved by the city engineer and Council. Motion passed without opposition.

Under NEW BUSINESS the following was discussed:

1. Approval of revised plat for Godley Station Professional Park to enlarge Lot 1
Mr. Baxter presented the revised plat for Lot 1 of Godley Station Professional Park, stating that the proposed building for this lot is too large, therefore the plat has been revised. Councilwoman Benton made a motion to approve this revision. Motion was seconded by Councilman Royal and passed without opposition.

2. Approval of recombination plat of Parcel A, Lot 16 of The Williams Tract & Lots 354, 355, 360 & 363, Garden Acres Estates, Phase XIII
Mr. Baxter presented a recombination plat of a portion of Parcel A of
Lot 16 of The Williams Tract and Lots 354, 355, 360 and 363 of Garden Acres Estates, Phase XIII to allow property to be combined with the other lots accessed by Ryan’s Way. Councilman Wall made a motion, seconded by Councilwoman Benton, to approve this recombination. Motion passed without opposition.


3. Approval of final plat for Towne Park Pooler, Phase 1, Block B, Building #37
Mr. Baxter presented the final plat for Towne Park Pooler, Phase 1, Block B, Building #37 on Governor Gwinnett Way, a four (4) unit townhome complex, stating that the infrastructure is complete and that Planning & Zoning and staff have recommended approval. Councilman Wall made a motion to approve the final plat. Motion was seconded by Councilwoman Benton and passed without opposition.

4. Acceptance of maintenance bond/approval of final plat for Memorial Boulevard,
Phase 2
Mr. Baxter presented this request from Provident Health Services, Inc., stating that all of the infrastructure is complete and a maintenance bond has been posted in the amount of $124,647.00 for the plat to be recorded. Councilwoman Benton made a motion, seconded by Councilman Royal, to accept the maintenance bond and approve the final plat for Phase 2 of Memorial Boulevard. Motion passed without opposition.

5. Acceptance of performance bond/approval of final plat for The Arbors @ Godley Station, Phase 8
Mr. Baxter presented this request from Godley Station Developers, stating that the Planning & Zoning Board has concern about the distance of the existing cell tower from the proposed residential lots and whether the tower was designed with a breakpoint. Councilwoman Benton questioned whether the development of the three (3) lots near the location of the existing cell tower would be affected by the proposed ordinance to be discussed in Item #17. Terry Coleman of Kern‑Coleman & Company replied that the ordinance is not yet in place and therefore, should not apply to these lots since they have already been planned as part of the development. After discussion, Councilman Wall made a motion to accept the performance bond and approve the final plat, contingent upon the city attorney approving the bond. Motion was seconded by Councilman Seay and passed without opposition.

6. Approval of site plan of a 134,400 sq ft warehouse for Crown Transportation
Mr. Baxter presented the site plan for Crown Transportation, a 134,400 sq. ft. warehouse on Distribution Drive, which backs up to the NRS warehouse off Dean Forest Road. Councilman Wall made a motion to approve the site plan, contingent upon the addition of under story plantings along Dean Forest Road to enhance the entrance buffer. Motion was seconded by Councilman Royal and passed without opposition.

7. Acceptance of performance bond/approval of final plat for minor subdivision of Lot 4, Dean Forest Business Park


Mr. Baxter presented this request from Northpoint Industrial, Inc., stating that a performance bond has been posted to guarantee completion of the roadway. Jeff Jepson, representing Northpoint, stated that the developer has provided an easement (100' and 80') for the adjacent properties at no cost, pointing out that an agreement was prepared and signed by Northpoint in October of 2006 and was presented to the owners. With no immediate response to the agreement, Mr. Jepson stated that Northpoint did not know whether the owners had agreed to their proposal, therefore, development on the project began. Further, that they have only recently found out that the agreement was signed, after an alternate easement was provided on the final plat to allow access to these properties to Dean Forest Road. Michael Hayman, adjacent property owner, addressed Council in regards to concern over the fact that the newly proposed easement goes through a significant portion of wetlands and will be costly to develop, requesting that the original easement be granted to the owners by Northpoint. Mr. Jepson stated that approximately three (3) to four (4) acres has been given for the easement at no cost to the adjacent property owners, and that both easements include a portion of wetlands and that either one will still have to go through the Corps of Engineers for approval prior to development. Mr. Hayman presented Council with a copy of the recorded agreement which referenced “Exhibit A”, a copy of the easement, which he believed to be recorded also. Mr. Jepson stated that the agreement was recorded by the adjacent property owners’ attorney unknowingly to Northpoint. Travis Randall of Kern‑Coleman & Company added that the document Mr. Hayman presented was recorded as an agreement only and that the final plat will provide for recording as to where the easement is located. Mark Crapps of Kern‑Coleman & Company stated that “Exhibit A” which is attached to the agreement is a hand‑drawn sketch and not certified by a surveyor, but that the final plat submitted to Council does have a surveyor’s stamp on it. After further discussion, Councilman Wall made a motion to table this item to allow the city attorney to further look into this matter. Motion was seconded by Councilwoman Benton and passed without opposition.

8. Approval of construction plan for major subdivision for Wal‑Mart Super Center and four (4) out parcels
Mr. Baxter presented the construction plan for a major subdivision of the new Wal‑Mart Super Center and four (4) outparcels, stating that as a result of the DRI review performed by the Coastal Georgia Regional Development Center, the comments pertaining to traffic, stormwater management and potential flooding of Pooler Parkway were significant and the RDC has encouraged the developer to work with the City and the neighboring jurisdiction to address these concerns. Further, that the developer has agreed to install a traffic light at the median cut on Pooler Parkway. Attorney Phillip McCorkle was present on behalf of the developer. Councilman Wall questioned whether a traffic light was proposed at the interior road between Lowe’s and Wal‑Mart. Mr. McCorkle replied that his client and the engineers are not 100% sure that a light is needed in this area and that only until a light is warranted, then the developer would agree to pay for one. Mr. McCorkle stated that subdivision approval will be submitted in two (2) weeks, requesting that the construction plan be approved now with the issue of the traffic light being discussed in two (2) weeks. Councilman Wall recommended that all issues be discussed at the next meeting and made a motion to table this item. Motion was seconded by Councilwoman Benton and passed without opposition.


9. Approval of construction plan for Memorial Boulevard, Phase I
Mr. Baxter presented the construction plan for Phase I of Memorial Boulevard, stating that this is a continuation of Phase II and is known as Jabot Spine Road and that the project has received EPD approval. After discussion, Councilman Wall made a motion to approve the plan. Motion was seconded by Councilwoman Benton and passed without opposition.

10. Approval of 30' utility easement crossing the 929 Properties, LLC (Jabot Tract)
Mr. Baxter presented a proposed 30' utility easement that runs parallel to Pooler Parkway through the Jabot Tract to serve the Lowe’s Home Improvement Center and Wal‑Mart sites. Councilwoman Benton made a motion, seconded by Councilman Royal, to approve the easement. Motion passed without opposition.

11. Release of performance bond/acceptance of maintenance bond for Westbrook Subdivision, Phase 5A
Mr. Baxter presented this request from the developers of Westbrook
Subdivision, stating that all of the improvements for Phase 5A are complete. Councilwoman Benton made a motion to release the performance bond and accept the maintenance bond, contingent upon the city attorney approving the bond. Motion was seconded by Councilman Royal and passed without opposition.

12. Release of performance bond/acceptance of maintenance bond for S.H. Morgan Parkway
Mr. Baxter presented this request to release the performance bond and accept the maintenance bond for the S.H. Morgan Parkway, stating that the representative from AMB had been contacted about the need for a traffic light where this road intersects with Pooler Parkway but that the city has yet to receive confirmation that the developer is willing to install one. Therefore, Councilman Wall made a motion to table this item. Motion was seconded by Councilman Seay and passed without opposition.

13. Approval of alcoholic beverage license for Reggie Ramel Gadson at Wal‑Mart
Mr. Baxter presented this request for an alcoholic beverage license for Reggie Ramel Gadson, stating that it is due to a change in management and that Deputy Chief Mark Revenew has recommended approval. Councilwoman Benton made a motion to approve the alcoholic beverage license. Motion was seconded by Councilman Wall and passed without opposition.

14. Approval of Agreement with Chatham County for traffic signal at first median cut on Pooler Parkway south of Pine Barren Road


Mr. Baxter presented an agreement with Chatham County for the City to own and be responsible for the performance of any maintenance required on the signal as well as any third party charges for the maintenance of the signal at the first median cut on Pooler Parkway, south of Pine Barren Road. Mr. Baxter stated that the signal is being funded by the developer of Lowe’s Home Improvement and the outparcels. Councilman Wall made a motion, seconded by Councilwoman Benton, to approve this Agreement. Motion passed without opposition.

15. Approval of Restated Water & Sewer Agreement with The Morgan Family
Mr. Baxter asked that this item be tabled in order to allow the city attorney to meet with the city engineer to further review the Agreement. Councilman Wall made a motion, seconded by Councilman Royal, to table this item. Motion passed without opposition.

16. Approval of budget adjustment for the General Fund
Mr. Baxter presented a budget adjustment for the recreation department (attached to and made a part of these minutes) to transfer additional revenue into accounts to enable the remodeling of an existing building and to purchase computers and furniture needed to equip the building. Councilman Stanley made a motion to approve this budget adjustment. Motion was seconded by Councilman Wall and passed without opposition.

17. First Reading on proposed ordinance regarding wireless telecommunications
A public hearing was held prior wherein Mr. Scheer asked that the provision for appeals on decisions by Council be amended to be handled in accordance with State law. Mr. Baxter presented a proposed ordinance to provide for the standards for the development of wireless telecommunications facilities (cell towers). Councilwoman Benton made a motion to approve this ordinance on First Reading to include the city attorney’s amendment and to instruct the zoning administrator to not accept any more applications for cell towers until the ordinance is finalized. Motion was seconded by Councilman Wall and passed without opposition.

Councilman Wall made a motion to adjourn to Executive Session at approximately 7:31 p.m. to discuss legal matters. Motion was seconded by Councilman Seay and passed without opposition.


Mayor Lamb called the meeting back to order at 7:55 p.m. There being no further business to discuss, Councilman Wall made a motion to adjourn at approximately 7:55 p.m. Motion was seconded by Councilman Stanley 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 August 6, 2007. Mayor Mike Lamb called the hearing to order at 5:45 p.m. Present were Councilmen Mike Royal, Wayne Seay, Billy Stanley, Stevie Wall and Councilwoman Rebecca Benton. City Manager Dennis Baxter, Assistant City Manager Robbie Byrd and City Attorney Steve Scheer were also present.

The purpose of this hearing was to discuss the proposed ordinance to provide for the standards for the development of wireless telecommunications facilities (cell towers). Mr. Scheer asked that the provision for appeals on decisions by Council be amended to be handled in accordance with State law.

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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