Council Minutes July 5, 2005

CITY OF POOLER
CITY COUNCIL MINUTES
July 15, 2005


The regular meeting of the Pooler City Council was held on July 5, 2005. Mayor Mike Lamb called the meeting to order at 6:00 p.m. Present were Councilmen Bruce Allen, Larry Olliff, Mike Royal, Wayne Seay, Stevie Wall and Councilwoman Rebecca Benton. City Manager Dennis Baxter and City Attorney Steve Scheer were also present. 

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 by Councilman Olliff, seconded by Councilwoman Benton, with no opposition. 

Report from the Standing Committees: 

FINANCE

Councilman Olliff 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

Councilman Allen reported on the police department activities for the past two (2) weeks. Fire Chief Jay Hillis reported that the fire department has responded to nine (9) structure fires in June. 

STREETS/DRAINAGE

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

WATER/SEWER

Councilman Wall reported that the water and sewer departments have performed routine maintenance and that one of the water wells is being worked on this week. 

RECREATION

Councilman Royal reported that the weather has held up the GRPA tournament for the 9 & 10 year old boys’ baseball teams, which are planned for Wednesday, July 6th. 

BUILDING/ZONING

Councilwoman Benton reported that nine (9) new single family residential, four (4) multi-family and one (1) commercial permit has been issued since the last meeting, totaling 204 residential permits for the year, with 3733 inspections performed. 

Mayor Lamb presented a plaque to Debbie Ryan, outgoing member of the Planning & Zoning Board, in appreciation of her years of service. 

Under OLD BUSINESS the following was discussed: 

1. Approval of minor subdivision to create Tracts A & B of the Harmony Tract

Mr. Baxter presented this minor subdivision to create Tracts A and B for the transfer of land for future development. Christy Lawrence of Thomas & Hutton Engineering was present to answer any questions. Councilman Wall made a motion to approve this minor subdivision. Motion was seconded by Councilman Allen and passed without opposition. Councilman Wall requested that there be two (2) entrances to this subdivision, wherein Ms. Lawrence stated that there is one at Quacco Road and one at the future spine road which will connect to Pooler Parkway. 

Under NEW BUSINESS the following was discussed: 

1. Approval of Amendment #4 to the Jabot PUD Master Plan

A public hearing was held prior for discussion on this matter, wherein Christy Lawrence of Thomas & Hutton Engineering presented the changes being proposed by the developer (see minutes of Public Hearing). Mr. Baxter presented this proposed amendment to the Jabot PUD Master Plan, stating that this request has been reviewed by the PUD Review Board and that Planning & Zoning has recommended approval, subject to deleting nightclubs and liquor, beer and wine package shops from the list of conditional uses in the commercial professional zoning of the proposed development standards in the Jabot PUD Master Plan and that staff recommends that the Council review the changes proposed in the development standards prior to making a decision. Councilman Wall questioned whether Council should go back to the original development standards, which Mr. Baxter recommended Council do so, stating that the developer needed clarification on the setback distance being 25' from the back of the curb, along the travel lane. Councilman Wall made a motion to approve Amendment #4 to the Jabot PUD Master Plan, contingent upon deleting nightclubs (Item #2) and liquor, beer and wine package shops (Item #4) from the list of conditional uses in the commercial professional zoning of the proposed development standards and the original development standards for townhomes in The Harmony remaining in effect, with the exception that each residential building shall be 25' from the back of the curb along the travel lane and that a maximum of six (6) dwelling units per building will be allowed. Motion was seconded by Councilwoman Benton. Discussion followed, wherein Ms Lawrence questioned the concern over changing “minimum” to “average” in regards to dwelling units per building and unit width, stating that this was the first time it was mentioned. Councilman Wall replied that Council wanted to be sure there would be no more than six (6) units per building. Jackie Carver, Zoning Administrator, stated that the original Jabot PUD provided for a maximum of six (6) dwelling units per building and that the R-4 (townhouses/condominiums) zoning guidelines provide for a maximum of five (5) units. Jack Wardlaw, developer, stated that the market calls for townhomes to be developed as requested by this Amendment, adding that if the Amendment is approved as stated, it will make development of this property too restrictive. Mr. Wardlaw asked the Council to consider some flexibility so that he can meet market conditions for this area. Mayor Lamb called for the vote on the motion. Motion passed without opposition. 

2. Approval of minor subdivision/recombination plat for 532 Winskie Road

Mr. Baxter presented this request from the owners, Ronnie & Jeri King, to combine land they are purchasing to their current lot. Councilman Allen made a motion, seconded by Councilman Royal, to approve this minor subdivision. Motion passed without opposition. 

3. Approval of recombination plat for Shearouse Lumber Company

Mr. Baxter presented this request to recombine the Shearouse Lumber Tract, former Central of Georgia Railroad Company right-of-way and a portion of the Morris/Bell property. Councilman Wall made a motion to approve this recombination plat. Motion was seconded by Councilman Royal and passed without opposition. 

4. Approval of minor subdivision plat for Tract “A” in Godley Station

Mr. Baxter presented this request to subdivide Tract “A” into two (2) lots to be used for commercial/retail use, stating that each lot will have access and utilities and meets the subdivision requirements. Councilman Wall made a motion, seconded by Councilwoman Benton, to approve. Motion passed without opposition. 

5. Approval of preliminary construction plan for Pooler Business Development Park

Mr. Baxter presented the preliminary construction plan for Pooler Business Development Park, located on E. Highway 80 between Sharon Court and Pine Barren Road, stating that Planning & Zoning and staff have recommended approval. Councilman Wall made a motion to approve the preliminary construction plan. Motion was seconded by Councilman Olliff and passed without opposition. 

6. Approval of minor subdivision for the Roberts Tract on Jimmy DeLoach Parkway

Mr. Baxter presented this request to divide the Roberts Tract on the north side of Jimmy DeLoach Parkway into two (2) lots, with Tract 1 being zoned for single family residential use and Tract 2 for commercial use and that as a condition to the rezoning of this tract, the 30' prescriptive right-of-way known as Triple B Trail has a 60' proposed right-of-way. After discussion, Councilwoman Benton made a motion to approve this minor subdivision. Motion was seconded by Councilman Wall and passed without opposition.

7. Approval of revised amenity plan for Hamilton Grove Subdivision, Phase 4

Mr. Baxter presented the revised amenity plan for Hamilton Grove Subdivision, Phase 4, stating that Planning & Zoning and staff have recommended approval. Councilwoman Benton made a motion to approve this plan. Motion was seconded by Councilman Allen and passed without opposition. 

8. Request from Waste Management for a CPI adjustment of 3.2% for residential sanitation service fee

Mr. Baxter presented this request for a Consumer Price Index adjustment of 3.2%, stating that the contract with Waste Management provides for a CPI adjustment if necessary. Ms. Mindy Miller and Mr. Jonathan King of Waste Management were present to answer any questions. After discussion, Councilman Wall made a motion to approve this adjustment to the residential sanitation service fee. Motion was seconded by Councilman Allen and passed without opposition. Councilman Seay questioned if this increase includes fuel costs, which Ms. Miller replied that it did not. 

9. Approval of change order #12 for the new wastewater treatment plant project

Mr. Baxter presented this change order in the amount of $77,128.00 to replace the PVC pneumatic lines with stainless steel lines. Bill Lovett of Hussey, Gay, Bell & DeYoung Engineers was present and stated that as a means of cost savings, PVC was used as opposed to stainless steel, which was not a good idea. Therefore, the engineer has agreed to absorb the difference of the cost for changing the pipes to stainless steel, which is $21,620.00. After discussion, Councilman Wall made a motion, seconded by Councilman Allen, to approve this change order. Motion passed without opposition. 

10. Acceptance of maintenance bond for road improvements for 135 N. Moore Avenue

Mr. Baxter presented this request from Rhema Construction, who constructed a home at 135 N. Moore Avenue and completed the road improvements. Mr. Baxter stated that the public works department has accepted the improvements to begin the maintenance warranty period. Councilman Allen made a motion to accept the maintenance bond. Motion was seconded by Councilwoman Benton and passed without opposition. 

11. First Reading on amendment to Retirement Ordinance

Mr. Baxter presented this amendment to the city’s retirement ordinance, stating that it is to change the fiscal year to be the same as the budget’s fiscal year (January - December) and to add a provision for determining final average earnings for termination, disability or retirements on or after January 1, 2005. Councilman Olliff made a motion to approve this amendment on First Reading. Motion was seconded by Councilman Wall and passed without opposition. 

Terry Peterson, resident in Brighton Woods Subdivision, asked the Council to consider placing sidewalks along the newly paved Highway 80. Mr. Baxter stated that the city is currently working on a grant to place sidewalks on the north side of Highway 80 from Rogers Street to Pooler Parkway and that Ms. Peterson’s request could possibly looked into at a later time. Ms. Peterson also requested that either the speed limit be reduced in Brighton Woods or a sign be placed notifying motorists that there is no outlet. Mr. Baxter stated that a “dead end” sign can be placed to handle this matter. 

Lori Motley, resident, asked Council to consider amending the city’s ordinance in regards to home business offices, which Mr. Scheer recommended that Ms. Motley meet with Mr. Baxter. 

Councilman Wall made a motion to adjourn to Executive Session at approximately 6:49 p.m. to discuss legal matters. Motion was seconded by Councilman Allen and passed without opposition. 

Mayor Lamb called the meeting back to order at 7:00 p.m. Mr. Scheer stated that the judge for the lawsuit filed by Laurie Abbott and Fred Williams has granted a summary judgement for dismissal, to which an appeal may be filed. Further, that the city may file a motion for assessment of attorney fees, but that Mr. Abbott and Mr. Williams are willing to drop their appeal if the city will drop the motion for assessment of attorney fees. Councilman Wall made a motion to accept this offer and drop the motion for assessment of attorney fees. Motion was seconded by Councilwoman Benton and passed without opposition. Councilman Wall expressed his appreciation to the city’s insurance company, GIRMA, Attorney Pat O’Connor and City Attorney Steve Scheer for their work on this lawsuit to clear the good name of the city, stating that this only proves that the city has done nothing wrong. 

There being no further business to discuss, Councilman Wall made a motion to adjourn at approximately 7:04 p.m. Motion was seconded by Councilman Allen and passed without opposition.

Public Hearing 

A public hearing was held prior to the regular City Council meeting on July 5, 2005. Mayor Mike Lamb called the hearing to order at 5:45 p.m. Present were Councilmen Bruce Allen, Larry Olliff, Mike Royal, Wayne Seay, 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 Amendment #4 to the Jabot PUD Master Plan. A PUD Review Board meeting was held on June 27, 2005, wherein the revised land uses and a list of proposed changes for the development standards were presented, with emphasis on the changes in the development standards for townhomes. Christy Lawrence of Thomas and Hutton Engineering was present and stated that definitions have been added in the development standards to clarify the uses allowed within the Jabot PUD and The Harmony Project. Further, that Tract “A”, which is currently zoned for single family townhomes, is being considered for the development of an all inclusive medical campus for Memorial Medical and that Tracts “B”, “C”, and “D” are designated as townhome land uses, with the development standards being slightly modified to meet market conditions. Ms. Lawrence pointed out that the original PUD master plan showed The Harmony project as a single family land use with an allowable density of four (4) units per acre and excluding the 32-acre health care campus, the remaining 261 acres for this project would have an allowable density of 1044 dwelling units. This proposed development will have approximately 871 units and the gross development density is 3.3 dwelling units per acre. Further, that the developer is asking that the number of dwelling units per building be changed to an average of five (5) dwelling units, that the unit width be changed to an average unit width of 20' and that the minimum setback distance for each residential building be 25' for the front yard (from edge of nearest travel lane), which is needed for clarification. Ms. Lawrence stated that a small, one (1) acre upland tract adjacent to I-95 known as Parcel D-D is proposed to be designated heavy commercial, restricted for billboard highway signage use only and that the developer has agreed to Planning & Zoning’s recommendation of deleting nightclubs (Item #2) and liquor, beer and wine package shops (Item #4) from the list of conditional uses in the commercial professional zoning of the proposed development standards 

There being no further discussion, this hearing was adjourned at approximately 5:50 p.m

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