Council Minutes February 6, 2006

CITY OF POOLER
CITY COUNCIL MINUTES
February 6, 2006


The regular meeting of the Pooler City Council was held on February 6, 2006. 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 and City Attorney Steve Scheer were also present. 

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

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 Stanley presented bills for payment and made a motion to pay, subject to funds. Motion was seconded by Councilman Allen and passed without opposition. Mayor Lamb presented the Certificate of Achievement for Excellence in Financial Reporting for the year ending December 31, 2004 to Finance Officer Shelly Cromwell, commending the finance department on receiving this award. 

PUBLIC SAFETY

Councilman Allen reported that the police department responded to 580 calls since the last meeting. Chief Jay Hillis reported that the fire department responded to 102 calls, with seven (7) of them being structure fires. 

STREETS/DRAINAGE

Councilman Seay reported that the street and drainage departments have performed routine maintenance. 

WATER/SEWER

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

RECREATION

Councilman Royal reported that basketball games are ongoing and that signups for baseball and softball continue. 

BUILDING/ZONING

Councilwoman Benton reported that 41 new single family residential, two (2) single family attached units and two (2) commercial permits were issued since the last meeting, totaling 64 residential permits for the year, with 864 inspections performed.

Councilwoman Benton made a motion to appoint Jacqueline Bradford, Rex Cress, James Reardon and Jay Melvin to the PUD Review Board. Motion was seconded by Councilman Wall and passed without opposition. Councilwoman Benton made a motion to appoint Scotty Fletcher as the Alternate on the Planning & Zoning Board. Motion was seconded by Councilman Wall and passed without opposition. 

Under Personnel, Mayor Lamb reported that City Planner Robbie Byrd’s duties have been increased, as approved in the 2006 budget, to the position of Assistant City Manager. 

Under OLD BUSINESS the following was discussed: 

1. Approval of site plan for Auto Zone located at the corner of Brighton Woods Drive & Highway 80

Mr. Baxter presented this item which was tabled several meetings ago to allow the developer to meet with the adjacent property owners to address their concerns. David Bentley of Auto Zone and his engineer were present to answer any questions. Mr. Bentley stated that there were two (2) issues to be addressed, the access on Brighton Woods Drive, which is necessary due to the Department of Transportation only allowing a right-in, right-out on Highway 80, and the other issue is in regards to an easement being requested by the adjacent church property, which has been agreed upon. Councilman Wall asked if DOT has given final approval, which Mr. Bentley replied that they have for the right-in, right-out. Further, that two (2) access points to this property are not available on Highway 80. Councilman Wall explained that other commercial properties in the city have not been allowed to access onto residential streets. Mr. Bentley questioned the opposition of this project accessing Brighton Woods Drive. Councilman Wall asked if the developer was willing to meet with DOT to come up with some kind of compromise. Councilman Seay stated that there were already two (2) commercial access driveways across the street (funeral home). Tom Garner, adjacent property owner, stated that there are no problems with traffic from the funeral home and he does not think this project will create any. Further, that the land, including the road, is already commercial. Tim Rivito, resident, stated that he was not opposed to this project. Pastor Weber of Calvary Assembly Church stated that the issues with the Church have been resolved with the stipulation that an access easement will be provided. Councilman Wall stated that the funeral home has access on Highway 80, reiterating the fact that other commercial properties have been prohibited from accessing onto residential streets, and then made a motion to deny this request. Motion died due to lack of a second. Councilwoman Benton made a motion to table this item to allow the developer to meet with Mr. Baxter and DOT to see if full access onto Highway 80 can be approved. Motion was seconded by Councilman Wall and passed without opposition. 

2. Approval of preliminary construction plans for Phase II of Forest Lakes Subdivision

Mr. Baxter presented the preliminary construction plans for Phase II of Forest Lakes Subdivision, stating that this item was tabled several meetings ago at the developer’s request. Travis Burke of Kern-Coleman & Company was present to answer any questions. Mayor Lamb asked if the homeowners’ concerns have been addressed. Vicky Gatling, resident of Forest Lakes, addressed Council in regards to a drainage problem she has been experiencing, stating that this issue can be resolved with a written agreement from the developer to have swells cut to relieve the water that has been flooding onto her property. Several other residents of Forest Lakes presented their concerns. Henry Laik stated that notice was not given to him or his neighbors about the meetings and that he is concerned about three (3) things, being whether Phase II will have the same restrictive covenants as Phase I; that sidewalks are shown on the plan on one side of the street only; and that there are serious drainage issues, namely at the intersections, making them impassable during heavy rain. Brian Murphy presented concern over the homeowners not being notified of changes in their subdivision, asking for an open forum to discuss the rapid changes, reminding Council that the residents have not been part of the past year’s discussions. Janet Morowitz stated that she was not notified of changes made to the street adjacent to her property, including a sidewalk that was constructed illegally. Terry Coleman of Kern-Coleman & Company addressed Council, stating that these issues have not been communicated to him, but he assured the residents that the drainage problems are being addressed. Mr. Scheer asked that the residents be informed as to how the developer is going to resolve the drainage problems, which Mr. Burke replied that the infrastructure (ponds) in Phase II will alleviate the drainage problems in Phase I. Councilman Wall questioned if Phase I was developed properly. Mr. Baxter cautioned the engineers, stating that subdivisions are designed in phases and should be able to support themselves, that each phase should not rely on future phases. Mr. Coleman stated that there are plans for rear yard drainage and temporary ditching in Phase I. Other residents presented their concerns. Jeff Zureick stated that the development is not in accordance with the restrictive covenants, which Mr. Scheer reminded him that covenants are between the developer and the homeowners and that the city was concerned about the drainage problem. Kelly Weaver asked that the residents’ concerns be considered before approval is given on another phase, adding that proper notice was not provided to the residents. Mr. Coleman stated that the developer is willing to submit a plan to immediately remedy the drainage issue if Council will consider approval of this phase. Councilman Wall replied that these issues need to be resolved before Phase II is approved and made a motion to table this request. Motion was seconded by Councilman Allen and passed without opposition. Councilman Wall asked the residents to contact City Hall about problems they are having in receiving notice of these meetings. 

Under NEW BUSINESS the following was discussed: 

1. Requested 12' encroachment variance into the 60' front building setback to construct two (2) hotels at 105 San Drive

A public hearing was held prior. Mr. Baxter presented this request from Kasandras Properties Pooler, LLC for a 12' encroachment variance into the 60' front building setback, stating that the developer has, at Council’s request, provided a fire lane behind the building. Attorney Tim Walmsley, representing Roshan Patel, was present to answer any questions. After discussion, Councilman Allen made a motion to approve this requested variance. Motion was seconded by Councilwoman Benton and passed without opposition. 

2. Approval of amendment to Arbor Villages on Godley Station Master Plan to add 38 lots to the area identified as “Future Development” (Residential Area 4 of the Godley Station PUD)

Mr.Baxter presented this request from the developer, stating that this proposed amendment is an extension of “The Arbors” in Northern Godley Station and that Planning & Zoning and staff have recommended approval. Councilman Allen made a motion, seconded by Councilman Royal, to approve this amendment. Motion passed without opposition. 

3. Approval of site plan for Live Oak Plaza in Godley Station on Trader’s Way

Mr. Baxter presented the site plan for Live Oak Plaza, a neighborhood commercial center located in the northwest corner of Pooler Parkway and Godley Station Boulevard, stating that Planning & Zoning and staff have recommended approval. Steve Wohlfeil of Hussey, Gay, Bell & DeYoung, Inc. Consulting Engineers was present. Councilman Wall reminded Mr. Wohlfeil that the plans have to provide adequate parking if any restaurants are proposed. Councilman Wall made a motion to approve the site plan. Motion was seconded by Councilman Stanley and passed without opposition. 

4. Approval of site plan for Dozier Enterprises building addition on Pine Barren Road

Mr. Baxter presented the site plan for Dozier Enterprises building addition, stating that the existing office trailer will be removed and a new 1400 square foot building will be constructed at their location on Pine Barren Road. Councilman Wall made a motion to approve the site plan, contingent upon the trailer being removed. Motion was seconded by Councilman Allen and passed without opposition. 

5. Request for clarification of development standards for Savannah Quarters, Phase 4 Final PUD approval on January 17th regarding lot widths and setbacks

Hal Kraft of Hussey, Gay, Bell & DeYoung, Inc. Consulting Engineers presented this request, asking for clarification of the setback dimensions approved for this phase on January 17, 2006. Councilman Wall stated that the front yard and side yard setbacks for “patio” homes (8,125 SF and 6,875 SF) with front and rear access, would remain at 20' (front) and 5' (side), but that the 10,400 SF and 9,750 SF lots would have a 10' side setback and made a motion to approve the setbacks as stated. Motion was seconded by Councilman Stanley and passed without opposition. 

6. Approval of construction plans for off-site water and sewer extensions for Woodlake Townhomes

Mr. Baxter presented the construction plans for the off-site water and sewer extensions to the Woodlake Townhomes project. Councilman Allen made a motion, seconded by Councilwoman Benton, to approve the construction plans, contingent upon EPD approval. Motion passed without opposition. 

7. Approval of site plan for Dorsey Roadside Rescue on Lot 26, Westside Business Park

Mr. Baxter presented the site plan for Dorsey Roadside Rescue’s proposed 9600 square foot building with adequate parking proposed on Lot 26 in Westside Business Park, stating that Planning & Zoning and staff have recommended approval. Councilman Stanley made a motion to approve the site plan. Motion was seconded by Councilman Wall and passed without opposition. 

8. Approval of site plan for addition to Auto Perfection at 1523 E. Highway 80

Mr. Baxter presented the site plan for an addition to Auto Perfection, stating that the new building will be used as an auto body garage to store vehicles. Councilwoman Benton made a motion to approve the site plan. Motion was seconded by Councilman Royal and passed without opposition. 

9. Release of maintenance bond for Medical Campus Road Drainage Improvements

Mr. Baxter presented this request from the developer of Medical Campus Road, stating that the public works department performed a final inspection and have recommended releasing the maintenance bond. Councilman Allen made a motion, seconded by Councilman Royal, to release the maintenance bond. Motion passed without opposition. 

10. Approval of alcoholic beverage license for Philip J. Linaugh, Jr. at Westbrook Country Club (Grille)

Mr. Baxter presented this application for an alcoholic beverage license for Philip J. Linaugh, Jr. (new general manager) at Westbrook Country Club (Grille), stating that Police Chief C. E. 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. 

11. Approval of alcoholic beverage license for Philip J. Linaugh, Jr., at Westbrook Country Club (Recreation Center)

Mr. Baxter presented this application for an alcoholic beverage license for Philip J. Linaugh, Jr. (new general manager) at Westbrook Country Club (Recreation Center), stating that Chief Chan has recommended approval. Chief Chan stated that this application is also for Sunday sales. Further, that the current license for this establishment does not include Sunday sales, but that it does meet the requirements. Councilman Wall made a motion to approve the license for Mr. Linaugh, to include Sunday sales. Motion was seconded by Councilwoman Benton and passed with Councilman Allen and Councilman Seay opposing. 

12. Approval of alcoholic beverage license for Thomas E. Gruber at Spanky’s (new location at 1221 E. Hwy 80)

Mr. Baxter presented this application for an alcoholic beverage license for Thomas E. Gruber at the new location of Spanky’s, stating that Chief Chan has recommended approval. Councilman Wall made a motion, seconded by Councilwoman Benton, to approve the license, to include Sunday sales. Motion passed with Councilman Allen opposing. 

Robert Dunlap addressed Council in regards to the need for water and sewer services on Eason Drive. Mr. Baxter stated that the city does not extend water and sewer lines and that the developer (owners) would have to bear the cost. Further, that if the “mega site” is ever developed, the City of Savannah would be willing to provide these services to other property in the area through Pooler’s agreement. 

Councilman Wall made a motion to adjourn to Executive Session at approximately 7:39 p.m. to discuss personnel matters. Motion was seconded by Councilman Allen and passed without opposition. 

Mayor Lamb called the meeting back to order at 8:04 p.m. 

There being no further business to discuss, Councilman Wall made a motion to adjourn at approximately 8:04 p.m. Motion was seconded by Councilman Allen and passed without opposition.

Public Hearing

A public hearing was held on February 6, 2006, prior to the regular City Council meeting. 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 and City Attorney Steve Scheer were also present. 

The purpose of this hearing was to discuss a requested 12' encroachment variance into the 60' front building setback to construct two (2) hotels at 105 San Drive. 

Attorney Tim Walmsley and property owner, Roshan Patel, were present to answer any questions. Mayor Lamb stated that the developer has been working with the city and the adjacent property owners on this matter for quite some time. Councilman Wall and Councilwoman Benton expressed their appreciation for their consideration of the city and owners’ requests. 

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