Council Minutes October 15, 2007

CITY OF POOLER
CITY COUNCIL MINUTES
October 15, 2007


The regular meeting of the Pooler City Council was held on October 15, 2007. Mayor Mike Lamb called the meeting to order at 6:16 p.m. (delayed due to the public hearing held prior). Present were Bruce Allen, Wayne Seay, Billy Stanley, Stevie Wall and Councilwoman Rebecca Benton. City Manager Robbie Byrd and City Attorney Steve Scheer were also present. Councilman Mike Royal was absent.

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

The minutes of the previous meeting were approved as printed upon a motion made by Councilwoman Benton, seconded by Councilman Wall, 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 Wall and passed without opposition.

PUBLIC SAFETY
Councilman Allen reported on the police department activities for the month. Chief Jay Hillis reported that the fire department responded to 58 calls this month.

STREET/DRAINAGE/PARKS & TREES
Councilman Seay reported that the street, drainage, parks and trees departments have performed routine maintenance. Councilman Seay made a motion to add Item #17 to the agenda. Motion was seconded by Councilman Wall and passed without opposition.

WATER/SEWER
Councilman Wall reported that the water and sewer departments have performed routine maintenance and that all parameters at the wastewater treatment plant are being met.

RECREATION
Hugh Elton, Leisure Services Director, reported that JCB recently donated a utility vehicle, valued at close to $19,000, to be used at the new recreation complex and that basketball registration has begun.


BUILDING/ZONING
Councilwoman Benton reported that nine (9) new single family residential, seven (7) attached unit and one (1) commercial permit has been issued since the last meeting, totaling 388 residential, 156 attached unit and 70 commercial permits for the year, with 11,719 inspections performed.

Mayor Lamb welcomed Jay Melvin, candidate for City Councilman, to the meeting.

Under OLD BUSINESS the following was discussed:

1. Approval of alcoholic beverage license for Arthur David Houghtby and Delsie Thompson Small at Magnolia Liquors
Mr. Byrd presented an application for alcoholic beverage sales for Mr. Houghtby and Ms. Small at a new liquor store locating in Morgans Corner, stating that Chief Chan has recommended approval. Councilman Wall made a motion, seconded by Councilwoman Benton, to approve this license. Motion passed with Councilman Allen opposing.

Under NEW BUSINESS the following was discussed:

1. Requested zoning map amendment of 78.39 acres of Tract 1, Roberts Tract, from
R-A and R-4 to I-1 (light industrial)
A public hearing was held prior wherein several residents of The Farm @ Morgan Lakes Subdivision presented opposition of this requested re-zoning. Mr. Byrd stated that the petitioner has requested this item be withdrawn. This request was honored.

2. Approval of site plan for Fatz Café located at 400 Pooler Parkway
Mr. Byrd presented the site plan for Fatz Café to be located at 400 Pooler Parkway. Stephen Ezell of Freeland and Kauffman, Inc. was present to answer any questions. Councilwoman Benton questioned what type of restaurant is planned. Mr. Ezell replied that it is a South Carolina based restaurant chain and is a family restaurant. Councilman Allen made a motion to approve the site plan for Fatz Café. Motion was seconded by Councilwoman Benton and passed without opposition.

3. Approval of site plan for Cheddars Restaurant at 1425 Benton Boulevard
Mr. Byrd presented the site plan for Cheddars Restaurant to be located at 1425 Benton Boulevard. Cleve Cunningham, representing the restaurant owner, stated that this too is a family restaurant. Councilman Allen made a motion, seconded by Councilwoman Benton, to approve the site plan. Motion passed without opposition.

4. Approval of site plan for a 50' x 70' warehouse addition at Emerald Petroleum
Mr. Byrd presented the site plan for a 50' x 70' addition to the warehouse at Emerald Petroleum to be used for storage. Councilwoman Benton made a motion to approve the site plan. Motion was seconded by Councilman Stanley and passed without opposition.

5. Approval of sketch plan for Westbrook Apartments (Avala @ Savannah Quarters) for compliance with PUD Development standards
Mr. Byrd presented the sketch plan for Westbrook Apartments. Hal Kraft of Hussey, Gay, Bell & DeYoung stated that the amenities will be built first. Councilwoman Benton made a motion to approve the sketch plan for compliance with PUD development standards. Motion was seconded by Councilman Allen and passed without opposition.

6. Approval of minor subdivision of 53.04 acres on S. Rogers Street for West Chatham Baptist Church
Mr. Byrd presented this request from West Chatham Baptist Church for a minor subdivision of 53.04 acres on S. Rogers Street. Michael Hussey was present on behalf of the Church and stated that the adjacent property owner has donated land to the Church. Councilman Allen made a motion, seconded by Councilman Wall, to approve the minor subdivision. Motion passed without opposition.

7. Approval of site plan for an outparcel gas station in the Dean Forest Business Park
Mr. Byrd presented the site plan for an outparcel gas station to be located in the Dean Forest Business Park to service North Point Industrial. Councilman Allen recommended that downcast lighting be used in this area. Councilman Wall made a motion to approve the site plan, contingent upon downcast lighting being used and the station not being open to the general public. Motion was seconded by Councilwoman Benton and passed without opposition.

8. Approval of recombination plat of Lot 32 & 33, Westside Business Park
Mr. Byrd presented this request to recombine Lots 32 and 33 in Westside Business Park for an office/warehouse which is currently under construction on Lot 32. Councilwoman Benton made a motion, seconded by Councilman Allen, to approve the recombination. Motion passed without opposition.

9. Release of maintenance bond for The Arbors, Phase 7C
Mr. Byrd presented this request from the developer of The Arbors, stating that a one-year inspection was performed by the public works department and a recommendation to release the maintenance bond was given. Councilman Wall made a motion to release the maintenance bond for Phase 7C of The Arbors. Motion was seconded by Councilman Allen and passed without opposition.


10. Release of maintenance bond for Forest Lakes, Phase 3A
Mr. Byrd presented this request from the developer of Forest Lakes, stating that a one-year inspection was performed by the public works department and a recommendation to release the bond was given. Councilman Wall made a motion, seconded by Councilman Allen, to release the maintenance bond for Phase 3A of Forest Lakes. Motion passed without opposition.

11. Approval of alcoholic beverage license for Arnoldo Castellanos at Jalapenos Mexican Restaurant
Mr. Byrd presented an application for an alcoholic beverage license for Arnoldo Castellanos at the new Jalapenos Mexican Restaurant, stating that Chief Chan has recommended approval. Councilman Wall made a motion to approve the license, to include Sunday sales. Motion was seconded by Councilwoman Benton and passed with Councilman Allen opposing.

12. Approval of alcoholic beverage license for Sammy Sugiura at Miwa Japanese Restaurant
Mr. Byrd presented an application for an alcoholic beverage (beer and wine) license for Sammy Sugiura at the new Miwa Japanese Restaurant, stating that Chief Chan has recommended approval. Councilman Wall made a motion, seconded by Councilwoman Benton, to approve the license without Sunday sales. Motion passed with Councilman Allen opposing.

13. Approval of agreement with the Department of Transportation for roadway lighting assistance at I-16 & Pooler Parkway Interchange
Mr. Byrd stated that he is still working with developers to participate in funding this project, therefore requested that this item be tabled. Councilman Wall made a motion to table this item. Motion was seconded by Councilman Allen and passed without opposition.

14. Approval of street lighting contract with Georgia Power for street and parking lot of new recreation park
Mr. Byrd presented a contract with Georgia Power for street lighting on the road leading to the new recreation park and the parking lot, stating that Special Purpose Local Option Sales Tax funds will be used for this project. Councilman Wall made a motion to approve the contract. Motion was seconded by Councilman Allen and passed without opposition.

15. Approval of Change Order No. 6 for new Recreation Park, Phase 1B project
Mr. Byrd presented Change Order No. 6 to add $754.75 to the contract to provide 13 aluminum signs as required by the Environmental Protection Division to warn that the property is being irrigated with reclaimed water (purple pipe) and to not drink from the irrigation system at the new recreation park. Further, that this change order reduces the price of the contract by $2,251,694.62, referring to Change Order No. 5. Councilman Wall made a motion, seconded by Councilman Seay, to approve Change Order No. 6. Motion passed without opposition.

16. First Reading on zoning text amendment to delete in C-2 (heavy commercial) zoning the requirement of more than two (2) acres
A public hearing was held prior. Mr. Byrd presented a zoning text amendment to delete in C-2 (heavy commercial) the requirement of more than two (2) acres, stating that the site plan will determine the size of the lot. Councilwoman Benton made a motion to approve this zoning text amendment on First Reading. Motion was seconded by Councilman Allen and passed without opposition.

17. Approval of offer to paint caboose
Mr. Byrd stated that the contractor who recently painted the water tower has presented an offer to paint the caboose for $1800.00. Councilman Wall made a motion, seconded by Councilman Seay, to approve the offer. Motion passed without opposition.

Leo McDonald, on behalf of the Pooler Crossroads Chamber of Commerce and Visitors Center, expressed appreciation to the City for the assistance provided for the Flying Pig Festival.

There being no further business to discuss, Councilman Wall made a motion to adjourn at approximately 7:00 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
October 15, 2007. Mayor Mike Lamb called the hearing to order at 5:45 p.m. Present were Bruce Allen, Wayne Seay, Billy Stanley, Stevie Wall and Councilwoman Rebecca Benton. City Manager Robbie Byrd and City Attorney Steve Scheer were also present. 

The purpose of this public hearing was to discuss:

1) A requested zoning text amendment to delete in C-2 (heavy commercial) zoning the requirement of more than two (2) acres - Mr. Byrd presented a zoning text amendment to delete in C-2 the requirement of more than two (2) acres. Councilwoman Benton stated that Planning & Zoning has discussed this amendment and recommends approval. 

2) A requested zoning map amendment of 78.39 acres of Tract 1, Roberts Tract, from R-A and R-4 to I-1 (light industrial) - Mr. Byrd presented this request from Jack Wardlaw, partner in North Godley Developers, to re-zone 78.39 acres of Tract 1 of the Roberts Tract from R-A (residential-agriculture) and R-4 (townhome/condominium) to
I-1 (light industrial), stating that this land is located north of Jimmy DeLoach Parkway and adjoins The Farm @ Morgan Lakes. Sandy Downes of DR Horton, presented a petition signed by residents of The Farm. Alan Childress, resident, presented opposition to this request, stating that this re-zoning will have an irreversible impact on the neighborhood and the increased traffic will create a safety problem for children. Further, that the proposed re-zoning will decrease the value of the homes and that the residents quality of life will be adversely affected. Shawn Sulick, resident, presented opposition, stating that a residential community (800 homes) has been developed, providing a quiet, safe lifestyle for the residents and since the housing market has slowed, Mr. Wardlaw wants to bring industry to the area. Further, that there are many people moving to Pooler, leaving the cities where industry has taken over. Mr. Sulick pointed out that the proposed light industrial development will leave only 300' on each side of the property and that the building will put off a great amount of light. Nicole Couturier, resident, presented concerns regarding traffic, property values decreasing and the fact that the residents’ quality of life will be adversely affected. Ms. Couturier reminded Council of a recent fatal accident in the area involving a dump truck, adding that Mr. Wardlaw has stated that this project will provide a reduction in traffic, but that the type of traffic (truck) is not what the residents want. Mr. Childress urged Council to deny this request and to not allow the residents’ quality of life to be altered. Christen Bunton, resident, expressed her opposition of this request, stating that it will pose a safety threat to her autistic son. Mayor Lamb asked for comments from Council, wherein each member expressed appreciation to the residents for attending the hearing and presenting their concerns.
There being no further discussion, the hearing was adjourned at approximately 6:07 p.m.

City of Pooler, GA | 100 US HW 80, Pooler, GA 31322
(912) 748-7261