Council Minutes April 19, 2004

CITY OF POOLER
CITY COUNCIL MINUTES
April 19, 2004


The regular meeting of the Pooler City Council was held on April 19, 2004. Mayor Buddy Carter called the meeting to order at 6:52 p.m. (delayed due to the public hearing held prior). Present were Councilmen Bruce Allen, Travis Cowart, Jr., Mike Lamb, 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 Carter and the Pledge of Allegiance was led by Councilman Cowart.

The minutes of the previous meeting were approved as printed upon a motion by Councilman Wall, seconded by Councilman Seay, with no opposition.

Report from the Standing Committees:

FINANCE

Councilman Lamb presented bills for payment and made a motion to pay, subject to funds. Motion was seconded by Councilman Cowart and passed without opposition.

PUBLIC SAFETY

Councilman Wall reported on the community service program and gave the police report, stating that the department responded to 619 calls in the month, with 4162 for the year. Fire Chief Jay Hillis gave the fire report, stating that the fire department had 65 responses, including three (3) structure fires, pointing out the fact that one fire was in an area where they had to call for tanker support, due to there not being any fire hydrants in the area. Further, that the ban on burning has been lifted. Councilman Wall invited everyone to attend the dedication ceremony for the new fire station on Wednesday, April 21st at 1:00 p.m.

STREETS/DRAINAGE

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

WATER/SEWER

Councilman Allen reported that the water and sewer departments have performed routine maintenance, that the water conservation act was still in effect and that an emergency contract has been issued to replace the sewer line on N. Newton Street.

RECREATION

Councilman Seay reported that Pooler hosted the CAA Rama on Saturday, marking the beginning of the baseball and softball season.

PERSONNEL

Councilman Seay had no report at this time.

BUILDING/ZONING

Councilwoman Benton reported that 10 new single family residential permits and two (2) commercial permits have been issued since the last meeting, totaling 85 for the year, with 2078 inspections performed. Councilwoman Benton reminded everyone of the PUD Review Board meeting scheduled for April 26th at 5:30 p.m.

Mark Beberman, candidate for Magistrate Court Judge, addressed Council in regards to his campaign.

Mayor Carter read aloud a proclamation regarding “Fair Housing Month”.

Under OLD BUSINESS the following was discussed:

1. Request for zoning map amendment of 589 acres located on the north side of Jimmy DeLoach Parkway from R-A to PUD

Ryan Thompson of Thomas & Hutton Engineering Company presented this request which was tabled at the last meeting to allow the developer to submit a comprehensive plan showing larger lots and the amenities being built first. Councilwoman Benton questioned why the developer prefers a PUD zoning. Mr. Thompson explained that a PUD allows for diversity of development standards and that townhomes are planned in this area. John Binder of D R Horton Builders stated that this type of development (PUD) allows for less yard to maintain with more common space for residents. Councilman Wall questioned the setbacks for the townhomes that do not have rear access, which Mr. Thompson replied that there is a 25' front setback for the front-loaded townhomes. After further discussion, Councilwoman Benton made a motion to approve this zoning map amendment. Motion was seconded by Councilman Cowart and passed with Councilman Allen opposing.

2. Approval of revised concept plan for Alta Town Lake Apartments

Terry Coleman of Kern-Coleman Company presented the revised concept plan for Alta Town Lake Apartments, stating that the project has been downsized from 330 units to 312 units and that 68 units will be marketed for low-income senior citizen housing. Councilwoman Benton expressed concern over the fact that there will be only one (1) trash compactor on the site, asking the developer to consider placing one more. Mr. Coleman stated that the developer does not want more than one area set aside for trash collection. Councilman Cowart made a motion to approve this revised concept plan. Motion was seconded by Councilman Wall and passed without opposition.

Under NEW BUSINESS the following was discussed:

1. Approval of agreement with Windsor Court, L. P. regarding application for low-income senior citizens housing project

The petitioner was not present, therefore, Councilman Wall made a motion to table this item until it is requested again. 

2. Approval of zoning map amendment for 7.84 acres between U.S. Highway 80 and Old Louisville Road from R-A-L to C-2

A public hearing was held prior wherein some adjacent property owners presented their concerns regarding drainage, stormwater run-off, restricting uses in heavy commercial, buffers and septic tanks. Councilman Wall made a motion to table this item to allow a drainage plan for this area to be done before this property is rezoned. Motion was seconded by Councilwoman Benton and passed without opposition. 

3. Approval of minor subdivision of .5 acres located in the northeast corner of Newton & Whatley Street

Karen & Jeff Thornburg presented this request to subdivide .5 acres into two (2) lots to construct a single-family residence on each lot. Councilman Cowart made a motion to approve, contingent upon the bond being approved by the city attorney. Motion was seconded by Councilman Wall and passed without opposition.

4. Approval of final plat/acceptance of performance bond for Glen Sawyer’s commercial subdivision on Governor Treutlen Road

Councilman Wall presented this request and made a motion to approve, contingent upon the city attorney approving the bond. Motion was seconded by Councilman Allen and passed without opposition.

5. Approval of site plan for Pooler Holiday Inn

Councilwoman Benton presented the site plan for the Pooler Holiday Inn and made a motion to approve. Motion was seconded by Councilman Cowart and passed without opposition.

6. Approval of preliminary construction plan for Westbrook Subdivision, Phase 4A

Councilwoman Benton presented the preliminary construction plan for Westbrook Subdivision, Phase 4A and made a motion to approve. Motion was seconded by Councilman Wall and passed without opposition.

7. Approval of Change Order #6 for wastewater treatment plant project

Mr. Baxter presented this change order in the amount of $15,780.52 for additional work at the new wastewater treatment plant. Councilman Wall made a motion to approve this change order. Motion was seconded by Councilman Seay and passed without opposition.

8. Approval of letter of support for a DCA Quality Growth Grant on behalf of the Coastal Georgia Greenway Steering Committee

Ms. Jo Hickson presented this letter of support as requested by the Coastal Georgia Greenway Steering Committee. After discussion, Councilman Wall made a motion to approve. Motion was seconded by Councilwoman Benton and passed without opposition. 

9. Approval of recombination of Lots 11, 12 & 13 for Barry Morton at 325 E. Whatley Street

Councilwoman Benton presented this request from Barry Morton to recombine Lots 11, 12 & 13 to allow him to construct a single family residence and made a motion to approve. Motion was seconded by Councilman Wall and passed without opposition. 

10. Release of maintenance bonds for the Westbrook Clubhouse and Westbrook Subdivision, Phase I and Phases 3B, 3C and 3D

Mr. Baxter presented this request from the developer, stating that all items have been addressed. Councilman Wall made a motion to release the maintenance bonds. Motion was seconded by Councilman Cowart and passed without opposition. 

11. Release of maintenance bonds for Godley Villages, Northern Tract, Phase 4A and Phase I (formerly 3A & 3B)

Mr. Baxter presented this request, stating that inspections were performed and that all items have been addressed. Councilman Wall made a motion to release the maintenance bonds. Motion was seconded by Councilman Allen and passed without opposition. 

12. First Reading on ordinance regarding establishment of information technology fee

Councilman Wall presented this ordinance to establish an information technology fee that will be used exclusively to provide for the technological needs of the court and the administration of justice in the City of Pooler, with funds being maintained in a segregated fund and made a motion to approve this ordinance on First Reading. Motion was seconded by Councilman Allen and passed without opposition.

There being no further business to discuss, Councilman Wall made a motion to adjourn at approximately 7:38 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

April 19, 2004. Mayor Buddy Carter called the hearing to order at 5:45 p.m. Present were Councilmen Bruce Allen, Travis Cowart, Jr., Mike Lamb, Wayne Seay, Stevie Wall and Councilwoman Rebecca Benton. City Manager Dennis Baxter and City Attorney Steve Scheer were also present.

The purpose of this public hearing was to discuss a requested zoning map amendment of 7.84 acres located between U.S. Highway 80 and Old Louisville Road from R-A-L (Residential-Agricultural-Limited) to C-2 (Heavy Commercial). Attorney Phillip McCorkle presented his request on behalf of Joseph and Rebecca Coppola who are attempting to purchase this property from Denny Haygood with a contingency that the tract be rezoned to a commercial use. Mr. McCorkle stated that he has met with the adjacent property owners in regards to their concerns that were expressed at the Planning & Zoning meeting and has been told that other owners are going to re-zone their property to commercial. Further, that this land will be accessed by Highway 80 and that the majority of the Highway 80 corridor is heavy commercial with some light commercial and light industrial. The developer is providing a 20' wide buffer on the north side, with a 50' wooded buffer with an opaque fence on the Old Louisville Road side and has moved the buildings forward, closer to Highway 80, and has provided enough room for the mound septic tank systems that will be placed on the property. Mr. McCorkle raised all constitutional objections regarding this request. Councilman Cowart stated that there would be an increased amount of run-off once the buildings were constructed. Terry Coleman of Kern-Coleman & Company stated that the septic tanks will be placed on the highest part of this property and that detention ponds are designed to handle the stormwater run-off. Councilman Cowart asked Mr. Coleman if he felt there would be no negative impact on drainage, which Mr. Coleman replied that a drainage plan would have to be submitted to the city’s engineer for approval. Mayor Carter asked if the city has a drainage plan for this area, which Mr. Baxter replied that there was no plan at this time. Bill Lovett of Hussey, Gay, Bell & DeYoung Engineers stated that a master drainage plan (old areas of Pooler) has been prepared some years ago in quadrants, and that a drainage plan for this area was needed. Mary Louise Lanier, adjacent property owner, presented concern that some of the uses allowed in heavy commercial would affect the quality of life for the residents and that drainage was a major concern, adding that the proposed buffers are not adequate. Further, that the residents need assurance that there will be no adverse affects (i.e., chemical pollutants discharged into the ditches, septic tank drain fields not functioning properly). Ms. Lanier asked that the following items be considered: a drainage study be performed to assess the needs of this whole area and assess the impact of development on the existing drainage system and to provide a schedule of systematic maintenance if it is deemed appropriate; assurance that the developer be legally responsible for stormwater run-off; the developer or subsequent owner be responsible for the septic tanks if they malfunction; restrict the uses of C-2 that would negatively impact adjacent properties; and provide an adequate substantial, low-maintenance buffer. Ms. Lanier stated that she does not plan on re-zoning her property due to the fact that she lives there. Ping Tyner, adjacent property owner, presented his concern regarding the septic tanks, requesting that the drain fields be only allowed in the back of this property and that Council needs to look at restricting the zoning for the septic tank area. Councilman Cowart asked Mr. Tyner if he was looking into re-zoning his property at any time, which Mr. Tyner replied that he would if this request was approved. Beverly Waters, adjacent property owner, stated that there have been problems in the past with new commercial development causing stormwater to run-off to her property. Ronald Easterling, adjacent property owner, stated that he is not opposed to this re-zoning request, but that there is a drainage problem in this area already and that he has experienced problems with his septic tank. 

There being no further business to discuss, the hearing was adjourned at approximately 6:42 p.m.

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