Council Minutes August 7, 2006

CITY OF POOLER
CITY COUNCIL MINUTES
AUGUST 7, 2006

 

The regular meeting of the Pooler City Council was held on August 7, 2006. 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.

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.

Mayor Lamb welcomed State Senator Eric Johnson to the meeting. Senator Johnson updated Council on issues regarding roads and truck traffic.

Report from the Standing Committee:

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 was absent. Chief C. E. Chan reported on the police department activities for the month. Chief Jay Hillis reported that the fire department responded to 138 calls, with five (5) being to structure fires. Mayor Lamb commended the fire department on the manner in which they responded to and handled the fire at the Fred Williams’ Design Center.

STREET/DRAINAGE/PARKS & TREES
Councilman Seay reported that the street, drainage and parks and trees 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 football and cheerleading practice has begun.

BUILDING/ZONING
Councilwoman Benton reported that 19 new single family residential, 36 attached unit and two (2) commercial permits have been issued since the last meeting, totaling 293 residential and 142 attached unit permits for the year, with 6949 inspections performed.

Under OLD BUSINESS the following was discussed:

1. Requested zoning map amendment of Tract 2 (20 acres) north of Pipemaker’s Canal
from C-2 to R-3C for South Godley Enterprises, LLC
Councilwoman Benton stepped down from her seat. Mr. Baxter stated that this request was tabled at the last meeting in order to allow the developer of this tract and the developer of the land to the south of the canal to submit their plans for development. Steve Wohlfeil of Hussey, Gay, Bell & DeYoung Engineers presented
a plan showing the access roads to this tract, noting that a spine road is proposed and that the developer is willing to provide access to the property to the south of the canal. Mr. Wohlfeil expressed concerns of the developer in regards to the property to the south being re-zoned for industrial use, stating that truck traffic through their property is not wanted and would be detrimental. Further, that Mr. Wardlaw has met with Patrick Graham to discuss the concerns the Savannah-Hilton Head International Airport Authority has in regards to the UADA (Underlying Arrival and Departure Areas), stating that Mr. Graham has indicated the UADA was a noise zone, not a crash zone and that this has never been applied in Pooler. Councilman Wall expressed appreciation to the developer for working with the City on this matter and questioned whether a meeting with Mr. Baxter has occurred. Mr. Baxter replied that he has spoken with the parties individually and that he thought the parties were to meet to discuss plans for their development, to include the access roads. Jack Wardlaw addressed Council in regards to the amount of money being invested in this property, stating that the owners cannot provide access to a property (to the south) re-zoned in a manner that would be harmful to their property. Further, that he has a commitment to the adjacent property owner to provide a quality development and to do what is best for all involved. Attorney Tim Walmsley, representing Oakmont (prospective property owner to the south), stated his client’s objection to this re-zoning and requested that the principals meet to see if each development can be coordinated. Mr. Wohlfeil stated that this is the first step in the development process, with plans to be submitted in the future, adding that this is not the end of the debate and the owner is close to losing a valuable client. Councilman Wall expressed concern over the necessity of a meeting and made a motion to table this item for two (2) weeks. Motion died due to lack of a second. Councilman Seay made a motion to approve this zoning map amendment. Motion was seconded by Councilman Royal and passed without opposition. It was the understanding of the Council that the owners agree to meet to resolve any issues.
Mr. Walmsley reiterated his client’s objection to this re-zoning, based on access and the UADA recommendation from the Airport. Councilwoman Benton returned to her seat.

Under NEW BUSINESS the following was discussed:

1. Requested conditional use to allow construction of a telecommunication tower at
890 Pine Barren Road
Mr. Baxter stated that the petitioner has requested this item be withdrawn, with a new application to be submitted in the future. This request was honored.

2. Requested height variance for a proposed telecommunication tower at 890 Pine
Barren Road
Mr. Baxter stated that the petitioner has requested this item be withdrawn, with a new application to be submitted in the future. This request was honored.

3. Requested conditional use to operate a pawn shop at 211 W. Highway 80, Unit G
Mr. Baxter stated that the petitioner has requested this item be withdrawn. This request was honored.

4. Requested 50' buffer variance on the eastern side of the proposed Oakmont
project located within Morgan Center
Mr. Baxter presented this request from the developer of the Oakmont project for a 50' variance. Councilman Wall stated that 50' is not enough room for an adequate berm. Councilwoman Benton stated that the adjacent property owner was not present at the Planning & Zoning meeting nor at this meeting, and questioned who the City would be protecting if this request is denied. After discussion, Councilman Wall made a motion to deny this request, based on Planning & Zoning’s recommendation. Motion was seconded by Councilman Royal and passed with Councilwoman Benton opposing.

5. Approval of Oakmont project sketch plan on Lot 4 within the Morgan Center
Mr. Baxter presented this request, stating that the sketch plan conforms with the City’s ordinance. Councilwoman Benton made a motion, seconded by Councilman Royal, to approve this sketch plan. Motion passed without opposition.

6. Approval of preliminary construction plan for Morgan Pines, Phase 2
Councilman Wall stepped down from his seat. Mr. Baxter presented the preliminary construction plan for Morgan Pines, Phase 2, stating that Planning & Zoning and staff have recommended approval. Councilwoman Benton made a motion, seconded by Councilman Seay, to approve this preliminary construction plan, contingent upon EPD approval. Motion passed without opposition. Councilman Wall returned to his seat.

7. Approval of site plan for office/warehouse on Lot 32, Westside Business Park
Mr. Baxter presented the site plan for an office/warehouse on Lot 32, Westside Business Park, stating that Planning & Zoning and staff have recommended approval. Councilwoman Benton made a motion to approve this site plan. Motion was seconded by Councilman Seay and passed without opposition.

8. Approval of site plan for Country Western Bar at 105 Sharon Court
Mr. Baxter presented the site plan for a Country Western Bar, stating that a conditional use was approved for this site and that the plan has been revised to provide for the large tree in the parking lot to be saved. Councilman Wall made a motion, seconded by Councilwoman Benton, to approve this site plan. Motion passed without opposition.

9. Approval of revised recombination plat of Lots 28, 29 & 30, Pooler Park of Commerce
Mr. Baxter presented a revised recombination plat of Lots 28, 29 & 30, Pooler Park of Commerce, stating that Planning & Zoning and staff have recommended approval. Councilman Wall made a motion to approve this recombination plat. Motion was seconded by Councilwoman Benton and passed without opposition.

10. Release of performance bond/acceptance of maintenance bond for Pooler
Business Development Park
Mr. Baxter presented this request from Mr. Roy Patel to release the performance bond for Pooler Business Development Park, stating that the public works department has approved the project to begin its maintenance warranty period. Councilman Wall made a motion to release the performance bond and accept the maintenance bond for Pooler Business Development Park, contingent upon the city attorney approving the bond. Motion was seconded by Councilman Stanley and passed without opposition.

11. Release of maintenance bond for Forest Lakes Subdivision, Phase I
Mr. Baxter presented this request from the developer of Forest Lakes Subdivision, stating that the one-year inspection was performed and all the punch list items have been addressed. Councilman Wall made a motion, seconded by Councilman Royal, to release the maintenance bond for Phase I of this Subdivision. Motion passed without opposition.

12. Approval of amendment to Water Agreement with City of Bloomingdale & City
of Savannah
Mr. Baxter stated that Harry Jue, Water Superintendent for the City of Savannah, has recommended minor changes to this agreement and requested that this item be tabled. Councilman Wall made a motion, seconded by Councilwoman Benton, to table this item. Motion passed without opposition.

13. Approval of amendment to Fourth Amendment to Sewer Agreement with City
of Bloomingdale
As discussed in the previous item, Councilman Wall made a motion to table this item. Motion was seconded by Councilwoman Benton and passed without opposition.

Jay Melvin, resident, addressed Council in regards to the water bills becoming delinquent, stating that what is printed on the water bills and what is in the City’s ordinance are not the same. City Clerk Maribeth Lindler explained that the ordinance states that once the bills are processed, they become “due” and that 15 days after, they are delinquent. Further, that the water bills provide a “due” date which is the 15th of every month, and can be changed to read “due by” the 15th. Councilman Wall replied that the bills should be printed to reflect a “due by” date to avoid any further confusion.

Julie Gerbsch, candidate for 7th District School Board Representative, addressed Council in regards to her campaign.

Jackie Carver, Zoning Administrator, presented Council with a list of proposed street names for The Farm at Morgan Lakes and Harmony, Phase I Subdivisions, asking for their comments.

Councilman Wall made a motion to adjourn to Executive Session at approximately 7:08 p.m. to discuss personnel matters. Motion was seconded by Councilman Royal and passed without opposition.

Mayor Lamb called the meeting back to order at 7:29 p.m.

There being no further business to discuss, Councilwoman Benton made a motion to adjourn at approximately 7:29 p.m. Motion was seconded by Councilman Wall and passed without opposition.

A public hearing was held prior to the regular City Council meeting on August 7, 2006. 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:

1) A requested conditional use to allow construction of a telecommunication tower at 890 Pine Barren Road - Mr. Baxter stated that the petitioner has requested that this item be withdrawn and that another application will be submitted at a later date.

2) A requested height variance for a proposed telecommunication tower at 890 Pine Barren Road - Mr. Baxter stated that the petitioner has requested that this item be withdrawn and that another application will be submitted at a later date.

3) A requested conditional use to operate a pawn shop at 211 W. Highway 80, Unit G - Mr. Baxter stated that the petitioner has requested that this item be withdrawn.

4) A requested 50' buffer variance on the eastern side of the proposed Oakmont project located within Morgan Center - Nick Stanley of Thomas & Hutton Engineering presented this request for a 50' buffer variance on the eastern side of the proposed Oakmont project located within the Morgan Center. A 100' buffer is required between industrial and residential zoning districts according to the approved Morgan Family PUD Development Standards.

There being no further discussion, the hearing was adjourned at approximately 5:52 p.m.

4. Approval of site plan for a YRT2 Communications building at The Farm at Morgan Lakes

Mr. Baxter presented the site plan for a building to house equipment for cable, security systems, internet and phone services for the residents of The Farm at Morgan Lakes. Councilman Allen made a motion to approve this site plan, contingent upon a fence enclosure being provided with heavy landscaping to shield the pre-fab building. Motion was seconded by Councilwoman Benton and passed without opposition. 

5. Approval of revised plat to correct lot numbers for The Retreat @ Forest Lakes, Phases 2 and 3

Mr. Baxter presented the revised plat for Phases 2 and 3 of The Retreat @ Forest Lakes to correct lot numbers. Councilman Wall made a motion, seconded by Councilman Allen, to approve this revised plat. Motion passed without opposition. 

6. Approval of site plan for Advance Auto Parts on W. Highway 80

Mr. Baxter presented the site plan for the proposed Advance Auto Parts to build a 10,000 square foot building, stating that all the engineer’s comments have been addressed. Dinks Dupree of Southeastern Capital, LLC was present to answer any questions. Councilman Allen asked if there was adequate room on the site for trucks to enter and exit, which Mr. Dupree replied that the site will allow for trucks to back in and exit going forward to Highway 80. Councilman Wall questioned whether the petitioner was in agreement with Planning & Zoning’s recommendations in regards to the dumpster enclosure being constructed of masonry and additional landscaping being placed along the eastern property line adjacent to Demas Road, which Mr. Dupree replied that this was agreed to. After discussion, Councilman Wall made a motion to approve this site plan, contingent upon Planning & Zoning’s recommendations and the driveway permit being issued by the Department of Transportation. Motion was seconded by Councilman Allen and passed without opposition. 

There being no further business to discuss, Councilman Allen made a motion to adjourn at approximately 7:10 p.m. Motion was seconded by Councilman Wall and passed without opposition.

Public Hearing 

A public hearing was held prior to the regular City Council meeting on April 17, 2006. 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 this hearing was to discuss: 

1) A requested zoning map amendment of Lots 12, 13, 14 and 15 in Westside Business Park from C-2 to I-1, Lots 11, 16 and 17 in Westside Business Park from C-2 to I-1 (with conditions), and the northern two-thirds of Lot 1 in Westside Business Park from C-2 to I-1 - 2195 Developers, LLC has petitioned the City to re-zone Lots 12, 13, 14 and 15 from C-2 (heavy commercial) to I-1 (light industrial), Lots 11, 16 and 17 from C-2 to I-1 (with conditions) and the northern two-thirds of Lot 1 from C-2 to I-1 to accommodate the proposed Komatsu Dealership. All of these lots are in Westside Business Park. Attorney Phillip McCorkle presented this request, providing an explanation of how the demand for light industrial zoned lots is greater than the developer had expected. Councilman Wall stated that there is a problem with the amount of industrial lots, expressing concern over tying these lots into commercial lots. Further, that the developer originally planned a small amount of industrial lots and has since asked for recombinations of some of the lots, which was not favorable, reiterating the fact that the developer does not need to tie anymore commercial and industrial lots together on the south side of this development. Councilman Wall questioned why the sign at the intersection of Columbia Drive and Westside Boulevard has not been placed to identify the industrial area. John Kern of Kern-Coleman & Company addressed Council, stating that the developer wants to give each business access, both in front and in back and that a commercial-type shopping center with offices and warehouses has been proposed and that the light at Coleman Boulevard will give the best access for the industrial lots. Councilwoman Benton questioned if the developer was willing to cul-de-sac Westside Boulevard of Columbia Drive to accommodate for 18-wheelers to turn around to keep the commercial traffic separate from industrial traffic. Mr. Kern replied that access is important for traffic flow and that the developer also wants to keep truck traffic off the roads in the commercial area. 

2) A requested zoning map amendment of 18 acres from a future development to a single-family attached zoning within the Savannah Quarters PUD - Lanyard Development has petitioned the City for approval of amendment #12 to the Savannah Quarters PUD to re-zone 18 acres from a future development to a single-family attached zoning. 

There being no further discussion, this hearing was adjourned at approximately 6:05 p.m.

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