Council Minutes July 6, 2004

CITY OF POOLER
CITY COUNCIL MINUTES
July 6, 2004

The regular meeting of the Pooler City Council was held on July 6, 2004. Mayor Mike Lamb called the meeting to order at 6:00 p.m. Present were Councilmen Travis Cowart, Jr., Mike Royal, Wayne Seay, Stevie Wall and Councilwoman Rebecca Benton. City Manager Dennis Baxter and City Attorney Steve Scheer were also present. Councilman Bruce Allen was absent. 

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

The minutes of the previous meeting were approved with an amendment to Item #6 under New Business upon a motion by Councilman Wall, seconded by Councilman Seay, with no opposition. 

Report from the Standing Committees: 

FINANCE

Councilwoman Benton 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 Wall reported on the community service program and gave the fire and police reports. 

STREETS/DRAINAGE

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

WATER/SEWER

Councilman Royal reported that the water and sewer departments have performed routine maintenance. 

RECREATION

Councilman Seay reported that the city has three (3) teams traveling to Baxley for the G.R.P.A. tournaments, that there will be a basketball camp on July 12th - 16th and that football and cheerleading signups will begin soon. 

PERSONNEL

Councilman Seay reported that the public works department is keeping up with scheduled work even while short-handed in personnel.

BUILDING/ZONING

Councilwoman Benton reported that 8 new single family residential permits were issued since the last meeting, totaling 160 for the year, with 3259 inspections performed year-to-date.

Councilwoman Benton made a motion to appoint Jim McQueeney to the PUD Review Board. Motion was seconded by Councilman Cowart and passed without opposition. 

Hermann Coolidge, candidate for State Court Judge, addressed Council in regards to his campaign. 

Ann R. Purcell, candidate for State House of Representatives, District 159, addressed Council in regards to her campaign. 

Penny Haas Freesemann, candidate for re-election, Superior Court Judge, addressed Council in regards to her campaign. 

There was no OLD BUSINESS to discuss. 

Under NEW BUSINESS the following was discussed: 

1. Request for height variance to construct a communication tower at 126 Pine Meadow Drive

A public hearing was held prior wherein no opposition was presented. Councilman Wall made a motion to approve this 149' height variance, contingent upon FAA approval, the city’s requirements being met and the petitioner welcoming the opportunity for the public safety department to use this tower if the need arises. Motion was seconded by Councilwoman Benton and passed without opposition. 

2. Approval of amendment #2 to the Jabot PUD Master Plan (Barren Pointe on Pine Barren Road)

Jeff Halliburton, representing Jabot Investments, presented this amendment to the Jabot PUD Master Plan, to re-zone the southern 56.02 acres, which is part of the 136.69 acre Hugh Armstrong Tract, from multi-family to single-family residential in order to develop the subdivision Barren Pointe. The remaining 50.15 acres of this Tract is already zoned single-family residential. Mr. Halliburton stated that the maximum density originally approved in the Master Plan for single-family and multi-family designations is over 1000 dwelling units, pointing out that Barren Pointe will have 336 single-family dwelling units with a 1.3 acre amenity area. Councilman Cowart made a motion to approve amendment #2 to the Jabot PUD Master Plan, contingent upon Planning & Zoning and staff’s concerns being addressed. Motion was seconded by Councilwoman Benton. Discussion followed wherein Councilman Wall expressed his opposition to the lots that have less than 7000 square feet, stating that Tract D, which is 20% of the total development, consists of lots that are only 6750 square feet. Mr. Halliburton stated that the buffer (common area) should be considered when looking at the overall square footage of these lots. Councilman Cowart expressed concern about the drainage problems the adjacent property owner is experiencing, asking that these problems be taken care of first. Mr. Halliburton stated that since this land has been timbered, the engineers plan on doing an on-site inspection and will have the ditches cleaned. Further, that he believes this development will greatly improve drainage in this area. Councilman Wall stated that a 10' side setback must be maintained between houses, whether it be 5' on each property or 3'/7' as proposed. Mr. Halliburton agreed to maintaining a minimum 10' side setback and a 20' rear setback. Councilman Wall questioned the type of retention this development would have and asked if the developer would consider increasing the lot sizes in Tract D to a minimum of 7000 square feet. Rick Fitzer, developer, stated that the density of this Tract has already been reduced by one-third, reiterating Mr. Halliburton’s statement regarding consideration of the buffer (common space) that is adjacent to these lots. Mr. Baxter stated that the developer must provide on-site detention which will flow to large outfall ditches and that the drainage problems the adjacent property owner is currently experiencing must be addressed immediately. Wilson Roberts, member of the Planning & Zoning Board, stated that the lot sizes are a matter of semantics, asking that the developer leave the buffers in common areas to prevent property owners from mowing them which reduces the buffer. Mayor Lamb then called for the vote on the motion to approve. Motion passed with Councilman Seay and Councilman Wall opposing. 

3. Approval of revised plans for Fortune Plaza (entrance off Highway 80)

Mr. Baxter presented three (3) proposed plans for this project, stating that the original plan has been modified by shifting the buildings and parking over to accommodate the curb cut on Highway 80, which he recommends as the best plan. Further, that the developer will be required to provide a 25' easement for access to the property to the south. Councilwoman Benton stated that she is very concerned about two (2) matters that will affect the adjacent property, one being drainage and the other being the need for some type of screening to block vehicle headlights from shining into the adjacent residence and asked that the large oak tree on the property be left there. Councilman Wall made a motion, seconded by Councilman Cowart, to approve the original plan, which has been modified to accommodate the curb cut off Highway 80, removing all access from Skinner Avenue, contingent upon the large oak tree (near Skinner Avenue) being left on the property and consideration of placing shrubbery along the Skinner Avenue side to provide screening to block any light from shining into the residence across the street. Motion passed without opposition. Mr. Baxter stated that the developer will be submitting the official site plan to Planning & Zoning for their recommendation and then it will come before the Council for approval. 

4. Approval of alcoholic beverage license for G. Timothy Hilliard at Carey Hilliard’s Restaurant

Mr. Baxter asked that this item be tabled at the petitioner’s request. Councilman Wall made a motion to table this item. Motion was seconded by Councilman Cowart and passed without opposition. 

5. Approval of list of roadways for speed detection device permit

Mr. Baxter presented this updated list of roads for approval for the City’s speed detection permit, stating that this is done on an annual basis. Councilman Wall made a motion to approve this list. Motion was seconded by Councilwoman Benton and passed without opposition. 

6. Approval of rental fee for Anthony’s Victory Lane to use gymnasium for radio controlled car race

Mr. Baxter presented this request from the owner of Anthony’s Victory Lane who wishes to use the gym for an R/C car race in September, recommending that a $500 per day rental fee be approved. Councilman Wall made a motion, seconded by Councilman Seay, to approve a $500 per day rental fee for this event. Motion passed without opposition. 

7. Discussion concerning unopened right-of-way of N. Sheftall Street at 306 Symons Street

Attorney Bob Galloway presented information regarding this unopened right-of-way of N. Sheftall Street, stating that in the early 1980s the owner of 306 Symons Street was informed by the city administrator that this 35' right-of-way was being given in equal portions (17.5') to each abutting property owner. After investigating this matter, it was determined that the deeds were neither recorded nor ever prepared. Therefore, a discrepancy with the titles to these properties has been found and has created the sale of the property at 306 Symons to be delayed. Mr. Galloway asked Council to quit claim deed this property to the two (2) parties. Attorney Jennifer Dickinson, representing the property owner at 304 Symons Street, stated that her client is concerned about the time in which she was notified. Further, that a full title search has not been done yet and that typically she would ask for a continuance. But, based on their respective legal rights, her client would agree to receiving a quit claim deed for 17.5 feet of this right-of-way. Councilman Wall made a motion to make this request an action item. Motion was seconded by Councilwoman Benton and passed without opposition. Mr. Scheer stated that the Code of Georgia provides for cities to give abutting property owners the right to purchase land that is of no value and that the City can quit claim any interest it may have to these property owners. Councilman Wall then made a motion to quit claim deed the 35' right-of-way of N. Sheftall Street equally (17.5' each) to the abutting property owners (who are in agreement), with the deeds to be prepared by the owners’ attorneys. Motion was seconded by Councilwoman Benton and passed without opposition. 

There being no further business to discuss, Councilman Cowart made a motion to adjourn at approximately 7:32 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 July 6, 2004. Mayor Mike Lamb called the hearing to order at 5:45 p.m. Present were Councilman Travis Cowart, Jr., 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 a requested 149' height variance to construct a communication tower at 126 Pine Meadow Drive. Richard Shaw of Faulk & Foster presented this request on behalf of Alltel, stating that this tower will improve coverage and provide space for three (3) other telecommunication providers to co-locate. 

There being no further business to discuss, this hearing was adjourned at approximately 5:52 p.m.

City of Pooler, GA | 100 US HW 80, Pooler, GA 31322
City Hall: (912) 748-7261
Police Department: (912) 748-7333