Council Minutes July 21, 2003

CITY OF POOLER
CITY COUNCIL MINUTES
July 21, 2003

 

The regular meeting of the Pooler City Council was held on July 21, 2003. Mayor Buddy Carter called the meeting to order at 6:11 p.m. (delayed due to the public hearings held prior). Present were Councilmen Jack Brewton, Robert Bryan, Travis Cowart, Jr., Wayne Seay and Councilwoman Billie Tyler. City Manager Dennis Baxter and City Attorney Steve Scheer were also present. Councilman Stevie Wall was absent. 

The invocation was given by Mr. Baxter and the Pledge of Allegiance was led by Councilman Cowart. 

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

Report from the Standing Committees: 

FINANCE

Councilman Bryan 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 was absent. Councilwoman Tyler stated that the new fire truck is going to be dedicated to the late Fire Chief Jimmy Fields on Saturday at 10:00 a.m. 

STREETS/DRAINAGE

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

WATER/SEWER

Councilman Brewton reported that the water and sewer departments have performed routine maintenance; that the new wastewater treatment plant project is underway and that all parameters have been met at the wastewater treatment plant. 

RECREATION

Councilman Seay reported that baseball and softball are over and that the football and cheerleading teams will begin practice on August 4th. 

PERSONNEL

Councilman Seay had no report at this time. 

BUILDING/ZONING

Councilwoman Tyler reported that 16 new single family residential permits have been issued in July, totaling 188 for the year and that four (4) commercial permits have been issued. Further, that a PUD Review Board meeting is scheduled for July 28th at 5:45 to discuss the Forest Lakes amenities site. 

Mr. Baxter stated that the welcome banners are being placed at various places in the city and that two (2) resolutions were sent to the State Legislature to be introduced as bills, with only the one regarding the city’s charter being approved. The other one regarding increasing the mayor and council’s salaries will be done through local act by Mr. Scheer. 

Under OLD BUSINESS the following was discussed: 

1. Approval of site plan for Fortune Plaza

Mr. Baxter stated that the petitioner has requested this item be tabled. Councilman Bryan made a motion to table this item. Motion was seconded by Councilman Cowart and passed without opposition. 

2. Approval of preliminary construction plan for Barrington Estates Subdivision, Phase II

Councilwoman Tyler presented the preliminary construction plan for Barrington Estates Subdivision, Phase II, and made a motion to approve. Motion was seconded by Councilman Cowart and passed without opposition. 

3. Second Reading on zoning text amendment to add procedures for “conditional zoning”

Councilwoman Tyler presented this zoning text amendment to add procedures for “conditional zoning” and made a motion to approve on Second Reading. Motion was seconded by Councilman Cowart and passed without opposition. 

4. Second Reading on zoning text amendment to add car wash and detailing as a permitted use in C-2, a heavy commercial zoning

Councilwoman Tyler presented this zoning text amendment to add car wash and detailing as a permitted use in C-2 and made a motion, seconded by Councilman Cowart, to approve on Second Reading. Motion passed without opposition. 

5. Second Reading on amendment to Flood Damage Prevention ordinance

Mr. Baxter presented this amendment to the Flood Damage Prevention ordinance. Councilman Cowart made a motion to approve on Second Reading. Motion was seconded by Councilman Bryan and passed without opposition. 

Under NEW BUSINESS the following was discussed: 

1. Request for variance and conditional use to operate a beauty shop at 304 Brady Street

A public hearing was held prior wherein there was discussion over the legality of the petition and Mr. Scheer stated that he has ruled it to be invalid. Further, Mr. Scheer stated that he has reviewed this petition and it is his legal opinion that it does not meet the requirements of the city’s zoning ordinance, that the petition is not valid unless it is signed by the owner or trustees of the estate. Therefore, Councilwoman Tyler made a motion to deny this request, based on the city attorney’s ruling. Motion was seconded by Councilman Cowart and passed without opposition. 

2. Requested zoning map amendment of 4.73 acres located south of Highway 80 and west of Governor Treutlen Road from R-3A to C-2

A public hearing was held prior wherein no opposition was presented. Councilwoman Tyler presented this request from Mr. Glen Sawyer to rezone 4.73 acres located south of Highway 80 and west of Governor Treutlen Road from R-3A (multi-family) to C-2 (heavy commercial). After discussion, Councilman Cowart made a motion to approve this rezoning with the following conditions as recommended by Planning & Zoning and discussed in the public hearing held prior: Parcel D would not be used for a bar or nightclub and an approved buffer with a minimum of 16' height would be placed adjacent to the residentially zones area prior to any development. Motion was seconded by Councilman Bryan and passed without opposition. 

3. Approval of revised subdivision plat for Bridgewater Subdivision, Phase IV

Councilwoman Tyler presented the revised subdivision plat for Bridgewater, Phase IV, stating that all the engineer’s comments have been addressed, and made a motion, based on Planning & Zoning and staff recommendation, to approve. Motion was seconded by Councilman Cowart and passed without opposition. 

4. Approval of site plan for Rolland Keller’s Pooler Mini-Storage, Phase II

Councilwoman Tyler presented the site plan for the Pooler Mini-Storage, Phase II, stating that all the engineer’s comments have been addressed, and made a motion, based on Planning & Zoning and staff recommendation, to approve. Motion was seconded by Councilman Bryan and passed without opposition. 

5. Approval of final PUD for Godley Station Multi-Family tract

Councilwoman Tyler presented the final Planned Unit Development for the Godley Station Multi-Family tract. After discussion, Councilwoman Tyler made a motion to approve. Motion was seconded by Councilman Cowart passed without opposition. 

6. Approval of concept plan for Alta Town Lake Apartments

Councilwoman Tyler presented the concept for Alta Town Lake Apartments, a gated community with 330 units to be built in two (2) phases, stating that it meets the PUD requirements regarding density, buffering and setbacks. Councilwoman Tyler made a motion, seconded by Councilman Seay, to approve this concept plan. Motion passed without opposition. 

7. Resolution regarding Five Year Short Term Work Program Update for 2003-2007

A public hearing was held prior. Mr. Baxter presented the update to the city’s Five Year Short Term Work Program for 2003-2007. Councilman Cowart made a motion to approve this resolution. Motion was seconded by Councilman Seay and passed without opposition. 

8. Approval of proposal for traffic engineering study at Newton/Symons and Skinner/Mell Streets

Mr. Baxter presented a proposal in the amount of $2000.00 from Stevenson & Palmer Engineering for a traffic engineering study at these intersections, stating that the engineer from Chatham County has advised against placing speed bumps on public roads. Mr. Baxter recommended that the city first place rumble strips at these intersections to see if they will take care of the problem of people speeding in these areas. Councilman Cowart stated that since there already is a problem, a traffic study would be the most feasible way of finding a solution. Councilman Brewton stated that it is best for a traffic engineer to solve this problem and made a motion to approve this proposal. Motion was seconded by Councilman Bryan and passed without opposition. 

Mr. Derek Magwood of 304 Manden Road addressed Council in regards to problems he has been experiencing with drainage and people turning around in his yard. Mayor Carter stated that this matter would be looked into. Mr. Tony Phan of 301 Manden Road also expressed his concern over the drainage at his residence, asking the city to look into this matter. 

Mr. John Powell, resident on Newton Street, expressed his appreciation to the Council in regards to the city looking into the matter of the traffic problem on his street. 

There being no further business to discuss, Councilman Cowart made a motion to adjourn at approximately 6:50 p.m. Motion was seconded by Councilman Seay and passed without opposition. 

Public Hearings 

Public hearings were held prior to the regular City Council meeting on July 21, 2003. Mayor Buddy Carter called the first hearing to order at 5:30 p.m. Present were Councilmen Jack Brewton, Robert Bryan, Travis Cowart, Jr., Wayne Seay and Councilwoman Billie Tyler. City Manager Dennis Baxter and City Attorney Steve Scheer were also present. 

The purpose of this hearing was to discuss the City’s Five Year Short Term Work Program Update for 2003-2007. Mayor Carter presented this update. Councilwoman Tyler stated that some of the items for the fire department were based on the DaimlerChrysler plant coming and asked that they remain, regardless of their decision to build or not. Mr. Baxter stated that these items would remain and that the plan can be revised. 

There being no further business to discuss, this hearing was adjourned at approximately 5:39 p.m. 

Mayor Carter called the second public hearing to order at 5:45 p.m. Present were Councilmen Jack Brewton, Robert Bryan, Travis Cowart, Jr., Wayne Seay and Councilwoman Billie Tyler. City Manager Dennis Baxter and City Attorney Steve Scheer were also present. 

The purpose of this hearing was to discuss: 

1) A requested variance and conditional use to operate a beauty shop at 304 Brady Street - Mayor Carter presented this request from Brenda Shearouse to allow her to operate a beauty shop from the home. Mr. Scheer presented a letter from the estate attorney for Mr. Jack Shearouse and stated that after reviewing this petition, he has determined that the legal owner is the estate (trust), and therefore, the petition has to be signed by the trustees. Since this was not done, Mr. Scheer ruled that the petition was not valid. Two (2) adjacent property owners expressed their opposition of this request, stating that it would create traffic problems. Attorney Fred Clark, representing the petitioner, stated that Ms. Shearouse has been granted lifetime residency and is entitled to the full use and enjoyment of the property by her late husband and submitted a copy of the couple’s pre-nuptial agreement as well as a letter from Attorney David Dickey and a copy of O.C.G.A. 44-6-83 regarding rights and liabilities of tenants for life. Mr. Clark further stated that he has asked the trustees for a deed to the property so that Ms. Shearouse can file for homestead exemption, which has been denied. Mayor Carter stated that this was a legal matter to be worked out by the attorneys, not the Council. 

2) A requested zoning map amendment of 4.73 acres located south of Highway 80 and west of Governor Treutlen Road - Mayor Carter presented this requested zoning map amendment from Mr. Glen Sawyer to rezone this property to allow him to develop restaurants and hotels along Governor Treutlen Road. Attorney Rob Brannen stated that the 4.73 acres is a portion of land left over after the railroad dedicated a conservation easement in the original 70 acre tract and that Mr. Sawyer’s plans are to build good quality restaurants and hotels. Mr. Brannen stated that Mr. Sawyer is willing to comply with Planning & Zoning’s conditions that there would be no bars or nightclubs and that a 16' buffer adjoining the residential subdivision would be in place prior to any development being started and asked for clarification of what type of buffer. Mr. Brannen presented the following as an option for the 16' buffer: to place a four (4) foot dirt berm with a six (6) foot fence on top and plant a type of shrub that grows up to 16' along the berm, which would be a sufficient barrier. Councilman Bryan questioned if this development would create a traffic problem and what type of restaurants would be brought in. Mr. Brannen stated that the traffic would increase but that by accessing Governor Treutlen and having full service restaurants, it would not create a problem. Councilman Cowart questioned who would maintain the buffer, which Mr. Brannen stated that the hotel property owners would. Councilwoman Tyler expressed her appreciation to the developer for working with the residents in regards to their concerns and questioned the access easement which Mr. Lawrence Laxton, owner of the Burger King, has said has been abandoned. Mr. Brannen stated that he believes the easement still exists. Mayor Carter instructed Mr. Scheer to look into this matter. Mr. Leo McDonald, resident on S. Skinner Avenue, asked that the residents’ concerns regarding lighting be addressed and that the buffer be put in place before any development. 

There being no further business to discuss, the hearing was adjourned at approximately 6:11 p.m.

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