Council Minutes August 20, 2007

CITY OF POOLER
CITY COUNCIL MINUTES
August 20, 2007

The regular meeting of the Pooler City Council was held on August 20, 2007. Mayor Mike Lamb called the meeting to order at 6:00 p.m. Present were Councilmen Bruce Allen, 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 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 Allen, 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 Councilman Seay and passed without opposition.
PUBLIC SAFETY
Councilman Allen reported that the police department responded to1260 calls during August 3rd through August 16th. Chief Jay Hillis reported that the fire department responded to 91calls since the first of the month, 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 will continue through September 1st; that over 200 children are participating in football and cheerleading; and that a baseball camp is scheduled for August 25th.
BUILDING/ZONING
Councilwoman Benton reported that 18 new single family residential, 11 attached unit and four (4) commercial permits were issued since the last meeting, totaling 350 residential, 113 attached unit and 60 commercial permits for the year, with 9790 inspections performed.


Mayor Lamb presented newly promoted Lieutenant Neal Owens, commending him on this achievement and his receiving a Bachelor’s Degree.
Jean Carter addressed Council in regards to the success of the recent “National Night Out” and introduced the new director of the West Chatham YMCA, Aaron Karpas. Ms. Carter asked Council to consider sponsoring (funding) this event in the future.
Under OLD BUSINESS the following was discussed:
1. Acceptance of performance bond/approval of final plat for minor subdivision of Lot 4, Dean Forest Business Park
Mr. Baxter presented this request which was tabled at the last meeting for further review by the city attorney. Travis Randall of Kern-Coleman & Company was present on behalf of Northpoint Industrial, Inc. Councilwoman Benton asked if the parking area would be paved. Mr. Randall replied that it will be concrete. Councilman Wall made a motion, seconded by Councilman Allen, to accept the performance bond and approve the final plat for the minor subdivision of Lot 4, Dean Forest Park, contingent upon the city attorney approving the bond. Motion passed without opposition.
2. Approval of construction plan for major subdivision for Wal-Mart Super Center and four (4) out parcels
Mr. Baxter presented the construction plan, tabled from the last meeting to allow the developer to look into the matter of placing a traffic light at the interior roads between the proposed Wal-Mart and Lowe’s. Attorney Phillip McCorkle was present on behalf of the owner and stated that his client is willing to install a traffic light if Council requests one, even though the city’s engineer does not recommend it. Mr. McCorkle presented the design of the Home Depot/Wal-Mart on Pooler Parkway, stating that the traffic congestion between these stores is due to the way the out parcels were developed. Further, that the construction plan for this Wal-Mart Super Center is a much better design, asking for consideration to install a light in the future if so warranted. Councilman Wall stated that due to additional proposed development in the area, a traffic light will be required to keep traffic problems from happening in the future. Further, that there have been problems in the past with Wal-Mart placing containers on their property to handle overflow merchandise, asking whether this will be needed at the new store and whether there are plans to keep both stores open. John Moore, Marketing Manager for Wal-Mart, replied that the store on Pooler Parkway will remain open, noting that it is one of the highest stores for retail sales. Councilman Wall questioned whether Wal-Mart would object to reducing the time allowed for containers to be placed on site to 30 days instead of 90. Mr. Moore replied that Wal-Mart would be willing to comply with local ordinances. After further discussion, Councilman Wall made a motion to approve the construction plan for the Wal-Mart Super Center and four (4) out parcels, contingent upon a traffic light being installed at the interior roads prior to the certificate of occupancy being issued for Wal-Mart and consideration be given to reducing the time allowed for containers to 30 days. Motion was seconded by Councilman Allen and passed without opposition.

3. Release of performance bond/acceptance of maintenance bond for S.H. Morgan Parkway
Mr. Baxter presented this request which was tabled at the last meeting to allow the developer to agree to install a traffic light where this road intersects Pooler Parkway. Chad Zittrouer of Kern-Coleman & Company was present on behalf of Commonwealth Commercial Properties, LLC and stated that his client understands that the release of the performance bond and acceptance of the maintenance bond does not require the City to accept the S.H. Morgan Parkway at the end of the one year maintenance period and that the lack of a resolution with AMB (property owner) should not prohibit the City from approving this request. Mr. Baxter recommended that the City should not accept the road until a traffic light is installed. After discussion, Councilwoman Benton made a motion, based on Mr. Baxter’s recommendation, to release the performance bond and accept the maintenance bond for S.H. Morgan Parkway, contingent upon the city attorney approving the bond. Motion was seconded by Councilman Allen and passed with Councilman Wall opposing.
4. Approval of Restated Water & Sewer Agreement with The Morgan Family
Mr. Baxter requested that this item be tabled in order to allow Mr. Scheer time to make changes to the Agreement and to prepare a more standard agreement to be used in the future. Councilman Allen made a motion, seconded by Councilwoman Benton, to table this item. Motion passed without opposition.
5. Second Reading on proposed ordinance regarding wireless telecommunications
Mr. Baxter presented the proposed ordinance regarding wireless telecommunications (cell towers), stating that the changes recommended by the city attorney have been made and that the city’s engineer has reviewed it. Richard Edwards of CityScape Consultants addressed Council, thanking them for the opportunity to work with the City on preparation of this ordinance. Mayor Lamb expressed appreciation to all who participated, namely Zoning Administrator Jackie Carver. Councilman Allen made a motion to approve the wireless telecommunications ordinance on Second Reading and to lift the moratorium on applications for cell towers. Motion was seconded by Councilwoman Benton and passed without opposition.
Under NEW BUSINESS the following was discussed:
1. Requested 15' privacy fence encroachment variance into the side yard setback at 200 Pine Forest Lane
A public hearing was held prior. John Duester presented this request for approval of a 15' privacy fence encroachment variance into the side yard setback, reiterating the unique physical circumstances of this request as outlined in the public hearing. Mr. Baxter stated that Council has denied similar requests in the past, based on fences interfering with the line of sight at intersections. Mr. Duester presented pictures of the intersection, noting that there is a significant curve to the road, with the stop sign being in an area far enough way from the fence to not interfere with drivers’ sight. After discussion, Councilman Seay made a motion to approve this variance, based on it meeting the first and third standards for granting a variance. Motion was seconded by Councilman Wall and passed without opposition.


2. Approval of decorative fence at 116 Longleaf Circle
Mr. Baxter presented this request from Jay and Shelley Hildebrand to allow a decorative fence in their front yard. Councilman Allen made a motion, seconded by Councilman Royal, to approve this request. Motion passed without opposition.
3. Approval of decorative fence at 1236 Homer City Way
Mr. Baxter presented this request from Robin Shaw to allow placement of a wooden split rail fence on the side of her property. Councilman Allen made a motion to approve this request. Motion was seconded by Councilwoman Benton and passed without opposition.
4. Approval of sketch plan for major commercial subdivision located northwest of intersection of Highway 80 & Dean Forest Road
Mr. Baxter presented the sketch plan for a major commercial subdivision containing five (5) commercial lots proposed at the northwest corner of Highway 80 and Dean Forest Road, stating that staff has concerns over the amount of traffic accidents at this intersection and the possibility of sewer service being provided by Garden City. Councilman Wall expressed concern over the fact that the Department of Transportation has yet to approve the plan and the agreements not being in place in regards to water and sewer service. Councilman Allen stated that there is already a safety issue at this intersection and that the proposed development is too large for the area. After discussion, Councilman Wall made a motion to table this request. Motion was seconded by Councilman Allen and passed without opposition.
5. Approval of Final PUD and preliminary construction plan for Hunt Club, Phase 3
Mr. Baxter presented the Final PUD and preliminary construction plan for
Phase 3 of the Hunt Club. Councilman Wall questioned the number of 55' wide lots proposed for this phase in relation to the overall development. Hal Kraft of Hussey, Gay, Bell & DeYoung Engineers replied that 33% of the lots in the total development will be 55 ‘ wide and that this phase has an equal amount. Councilman Wall expressed concern over the fact that the amenity package was not yet complete and asked how many certificate of occupancies have been issued. Brad Phelps of Beazer Homes replied that 50 have been issued in Phase 1 and approximately 10 in Phase 2. Councilman Wall reiterated the fact that the amenity package was not complete and made a motion to table this request to determine the exact number of occupancy certificates that have been issued. Motion was seconded by Councilman Allen and passed without opposition.
6. Acceptance of maintenance bond/approval of final right-of-way plat for Easthaven Blvd., Phase 2 (formerly East Spine Road)
Mr. Baxter presented this request from Savannah Quarter Holdings, LLC, stating that all of the infrastructure is complete and the project has been approved to begin the 12 month warranty period. Councilman Allen made a motion, seconded by Councilwoman Benton, to accept the maintenance bond and approve the final right-of-way plat for Easthaven Blvd, Phase 2, contingent upon the city attorney approving the bond. Motion passed without opposition.


7. Acceptance of maintenance bond/approval of final plat for lift station and Easthaven Blvd. (Phase 3)
Mr. Baxter presented this request from Savannah Quarter Holdings, LLC, stating that all of the infrastructure is complete and the project has been approved to begin the 12 month warranty period. Councilwoman Benton made a motion to accept the maintenance bond and approve the final plat for the lift station and Easthaven Boulevard, contingent upon the city attorney approving the bond. Motion was seconded by Councilman Allen and passed without opposition.
8. Approval of plat revision for Westbrook Villas, Phase I to shift lot line of Lot 129
Mr. Baxter presented the plat revision for Phase I of Westbrook Villas, to shift the lot line of Lot 129 to allow the required building-to-building separation. Councilman Allen made a motion, seconded by Councilwoman Benton, to approve the plat revision. Motion passed without opposition.
9. Approval of plat revision for Westbrook Villas, Phase II to adjust lot lines for Lots 155 - 162 and create three (3) additional golf frontage lots
Mr. Baxter presented the plat revision for Westbrook Villas, Phase II to adjust the lot lines for Lots 155 - 162 and to create three (3) additional golf frontage lots, stating that this revision is necessary to provide the 20' building-to-building separation for Lot 129 as approved previously and therefore, will more equally divide the yard area between the buildings. Further, that the developer is requesting to create three (3) additional golf frontage lots due to the golf course realignment. Councilwoman Benton made a motion to approve the plat revision. Motion was seconded by Councilman Allen and passed without opposition.
10. Acceptance of maintenance bond/approval of final plat for Carriage Square Homes, Phase 2
Councilman Wall stepped down from his seat. Mr. Baxter presented this request from Konter Development, Inc., stating that all of the infrastructure is complete. Councilman Allen made a motion, seconded by Councilwoman Benton, to accept the maintenance bond and approve the final plat for Phase 2 of Carriage Square Homes, contingent upon the city attorney approving the bond. Motion passed without opposition.
11. Acceptance of maintenance bond/approval of final plat for Morgan Pines, Phase II
Mr. Baxter presented the final plat for Phase II of Morgan Pines Subdivision, a 39 lot single-family residential development located on Pine Barren Road, stating that Planning & Zoning and staff have recommended approval. Councilman Allen made a motion to accept the maintenance bond and approve the final plat, contingent upon the city attorney approving the bond. Motion was seconded by Councilman Royal and passed without opposition.
Councilman Wall returned to his seat.


12. Approval of site plan for a commercial distribution warehouse on Lot 22, Westside
Business Park
Mr. Baxter presented the site plan for a 14,400 sq. ft. commercial distribution warehouse on Lot 22, Westside Business Park to be used to store vinyl siding, stating that Planning & Zoning and staff have recommended approval. Councilman Allen made a motion, seconded by Councilwoman Benton, to approve the site plan. Motion passed without opposition.
13. Release of performance bond/acceptance of maintenance bond for Village Quarter Roadway Extension (Holmes Court)
Mr. Baxter presented this request from the developer of the Village Quarter Roadway Extension known as Holmes Court, stating that the public works department has approved the development to begin its 12-month warranty period. Councilman Allen made a motion to release the performance bond and accept the maintenance bond. Motion was seconded by Councilwoman Benton and passed without opposition.
14. Release of maintenance bond for Westbrook Subdivision, Phase 4A
Mr. Baxter presented this request, stating that the one-year inspection was held and the punch list items have been addressed. Councilman Allen made a motion, seconded by Councilwoman Benton, to release the maintenance bond for Phase 4A of Westbrook Subdivision. Motion passed without opposition.
15. Approval of alcoholic beverage license for Jon A. Josefik at Augie’s Pub
Mr. Baxter presented this request from Jon A. Josefik at the new Augie’s Pub to be located at 200 Governor Treutlen Road Suites 12-16, stating that Chief C. E. Chan has recommended approval. Councilman Wall made a motion to approve the license, to include Sunday sales. Motion was seconded by Councilman Stanley and passed with Councilman Allen opposing.
16. Approval of mutual aid agreement with 165th Airlift Wing & Department of Defense for fire protection and hazardous material incident response
Mr. Baxter presented an agreement for mutual aid in fire protection and hazardous material incident response with the 165th Airlift Wing (Secretary of the Air Force) and the Pooler Fire Department. Councilman Allen made a motion, seconded by Councilman Royal, to approve this agreement. Motion passed without opposition.
17. Adoption of 2007 millage rate
Mr. Baxter presented information from the Chatham County Tax Assessor in regards to the millage rollback for Pooler, stating that 4.392 mills is the proposed rate. After discussion, Councilman Stanley made a motion to adopt the City’s 2007 millage rate at 4.392 mills. Motion was seconded by Councilman Wall and passed without opposition.


Georgia Smith, resident of Effingham County, expressed appreciation to the Fire Department and EMS for resuscitating her mother recently who was gravely ill. Ms. Smith stated that her mother has since passed away, but the quick response of fire personnel and EMTs allowed her family time to say goodbye before her mother passed.
Councilman Wall made a motion to adjourn to Executive Session at approximately 7:44 p.m. to discuss legal and personnel matters. Motion was seconded by Councilman Allen and passed without opposition.
Mayor Lamb called the meeting back to order at 8:00 p.m.
There being no further business to discuss, Councilman Wall made a motion to adjourn at approximately 8:00 p.m. Motion was seconded by Councilman Allen 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 20, 2007. Mayor Mike Lamb called the hearing to order at 5:45 p.m. Present were Councilmen Bruce Allen, 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 the hearing was to discuss a requested 15' privacy fence encroachment variance into the side yard setback at 200 Pine Forest Lane. John Duester present this request for approval to allow a privacy fence he constructed (not knowing that a permit was needed) to encroach 15' into the side yard setback on his corner lot at 200 Pine Forest Lane. Mr. Duester outlined the reasons the variance should be granted, based mainly on the unique physical circumstances of the lot size and shape. Further, that it would be a financial hardship if he has to move the fence. Mr. Duester stated that he has received approval from the Morgan Pines Architectural Review Board who have stated that the fence is in no way considered an eyesore in the neighborhood. Councilman Wall questioned where the stop sign at the intersection is located. Mr. Duester replied that there is a significant curve at the intersection of Pine Forest Lane and Morgan Pines Drive, where the stop sign is located.
There being no further discussion, the hearing was adjourned at approximately 5:55 p.m.

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