The regular meeting of the Poole

The regular meeting of the Pooler City Council was held on January 17, 2006. Mayor Mike Lamb called the meeting to order at 6:00 p.m. Present were Councilmen Bruce Allen, Mike Royal, Wayne Seay, Billy Stanley, Stevie Wall and Councilwoman Rebecca Benton. City Manager Dennis Baxter and City Attorney Steve Scheer were also present.

The invocation was given by Mr. Baxter and the Pledge of Allegiance was led by Mayor Lamb.

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

Report from the Standing Committees:

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 reported on the police department activities for the month. Chief Hillis reported on the fire department activities for 2005, stating that there were a total of 1222 responses, with 95 of them being structure fires. Further, that four (4) new employees have been hired.

STREETS/DRAINAGE

Councilman Seay reported that the street and drainage 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 the regular basketball season has begun and that signups for baseball and softball will begin the end of January.

BUILDING/ZONING

Councilwoman Benton reported that 23 new single family residential permits have been issued this year, comparing last year’s figures and that a meeting of the PUD Review Board is scheduled for January 23^rd and 5:30 p.m. Councilwoman Benton stated that there is a permanent position vacant on the Planning & Zoning Board and made a motion to appoint Larry Olliff to fill this vacancy. Motion was seconded by Councilman Wall and passed without opposition.

Councilman Wall stated that it is a policy of the city to appoint the councilmember who receives the most votes to the office of Mayor pro tem and made a motion to appoint Councilman Bruce Allen as Mayor pro tem. Motion was seconded by Councilman Seay and passed without opposition.

Mayor Lamb presented a plaque to former Councilman Larry Olliff in appreciation of his service on Council.

Under OLD BUSINESS the following was discussed:

1. Approval of site plan for Auto Zone located at the corner of Brighton Woods Drive & Highway 80

Mr. Baxter stated that the petitioner has requested this item be tabled. Councilman Wall made a motion, seconded by Councilwoman Benton, to table this item until the February 6, 2006 meeting. Motion passed without opposition.

Under NEW BUSINESS the following was discussed:

1. Requested amendment to the R-8 Tract in the Godley Station PUD Master Plan

Councilwoman Benton stepped down from her seat. A public hearing was held prior wherein there was discussion regarding a perpetual deed restriction being recorded to ensure that the undisturbed buffer remain that way. Mr. Baxter presented this request, recommending that Council review the staff recommendation. Travis Burke of Kern-Coleman & Company was present to answer any questions. This amendment to the R-8 Tract in the Godley Station PUD contains 78 acres that are currently zoned single-family residential and the owner is requesting the following changes: 14.60 acres to be developed as commercial/retail (with restricted uses) along the Pooler Parkway frontage; approximately 14 acres to be undisturbed greenspace; and the development standards being amended to allow approximately 20.07 acres to be developed as a townhome community. Mr. Scheer asked if the developer has entered into an agreement with the adjacent property owners in Gleason Heights and Worthington Subdivisions, to provide them a written document to be recorded to show up in the chain of title. Mr. Burke asked Mr. Scheer if he was referring to the undisturbed greenspace remaining undisturbed, stating that this greenspace could be dedicated to the city if so needed. Mr. Scheer replied that the intent of the property owners is that this greenspace be protected in perpetuity, with a document recorded in Chatham County, also providing a covenant with the land that the restrictions placed in the conditional use could not be changed without the express consent of all the land owners. Mr. Burke stated that the developer would agree to providing this document. Councilman Wall made a motion to approve this amendment to the R-8 Tract in the Godley Station PUD Master Plan, contingent upon the restrictions outlined in the letter dated December 13, 2005 (Revised January 12, 2006) from Kern-Coleman & Co., LLC to Mrs. Jackie Carver (copy attached to and made a part of these minutes) being placed on this project and contingent upon the uses, buffers/greenspace, non-access easement through Worthington Subdivision being deed restricted (copy to be provided to the property owners within 60 days and then recorded in Chatham County - if not provided to the owners within 60 days, this matter will be brought back to Council for reconsideration), the 2.3 acre right-of-way being dedicated to the City of Pooler and the connector road with the adjacent property located along the south side of Pipemaker’s Canal being designed and platted as shown on Godley Commons R-8 Tract Land Use Plan dated November 15, 2005. Motion was seconded by Councilman Allen. Holly Young, property owner in Worthington Subdivision, stated that she is willing to accept the aforementioned document on behalf of the property owners and requested that for Tracts 1 through 5, a two-year moratorium on building from the date of the development standard be provided, which Councilman Wall stated that the aforementioned letter contains this provision. Mayor Lamb called for the vote on the motion. Motion passed without opposition. Councilwoman Benton returned to her seat.

2. 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

A public hearing was held prior wherein concern was presented whether additional multi-family zoning was needed in this area. Mr. Baxter presented this item, recommending that Council review the standards for granting a zoning map amendment. Councilman Wall made a motion to table this request in order to review this information. Motion was seconded by Councilman Seay and passed without opposition.

3. Approval of amendment to Final PUD for Savannah Quarters, Phase 4

Mr. Baxter presented this amendment to the Final PUD for Savannah Quarters, Phase 4, stating that Planning & Zoning and staff have recommended approval. Councilman Wall stated that this project includes four (4) lots that have a minimum width of 50', which Council is not in favor of and presented concern over the fact that approving this would create a precedence. Hal Kraft of HGB&D stated that this amendment is for a down-zoning from multi-family to single family detached, adding that this is part of a mixed use project which is the intent of a PUD. Further, that the lot widths proposed range from 50' to 120' wide (estate lots), with only one (1) builder proposed for the project. Cotter Christian, General Manager of Savannah Quarters, stated that the developer is trying to achieve the best possible product, providing an average lot size of one-quarter of an acre and that they will reluctantly agree to increasing the 50' lot widths to 55'. Further, that the overall project needs to be looked at when considering if approval of the four (4) 50' lots would create a precedence. Councilman Allen responded that the other developers will pick out the 50' lots. Councilwoman Benton asked if the developer had any plans for the other multi-family tracts, which Mr. Christian replied that there currently are no plans. After further discussion, Councilman Wall made a motion to approve this amendment, contingent upon the 50' wide lots being increased to 55' wide, the minimum front yard setback for all lot sizes (except the 20,400 sf lots) being increased to 25'; the minimum side yard setback for the 20,400 sf lots, the 10,400 sf lots and the 9,750 sf lots being increased to 10'; and the minimum side yard setback for the 9,100 sf lots, the 8,125 sf lots and the 6,875 sf lots being increased to 7'. Motion was seconded by Councilman Allen and passed without opposition.

4. Acceptance of performance bond/approval of final plat for Forest Lakes, Phase 3A

Mr. Baxter presented this request from the developer of Forest Lakes, stating that Planning & Zoning and staff have recommended approval. Councilman Allen made a motion to accept the performance bond and approve the final plat for Forest Lakes, Phase 3A, contingent upon the city attorney approving the bond. Motion was seconded by Councilwoman Benton and passed without opposition.

5. Acceptance of performance bond/approval of final plat for Somersby, Phase I (formerly Barren Pointe, Phase I)

Mr. Baxter presented this request from the developer of Somersby (formerly Barren Pointe Subdivision), stating that Planning & Zoning and staff have recommended approval. Councilman Wall made a motion, seconded by Councilman Allen, to accept the performance bond and approve the final plat for Somersby,

Phase I, contingent upon the city attorney approving the bond. Motion passed without opposition.

6. Acceptance of performance bond/approval of final plat for Sangrena Woods, Phase IV

Mr. Baxter presented this request from the developer of Sangrena Woods, Phase IV, stating that a performance bond has been posted in the amount of $171,694.00 to guarantee completion of the improvements in order for the plat to be recorded. Councilman Wall asked if the developer would place a sidewalk to the recreation area and move the pedestrian access to make it more accessible. Travis Burke of Kern-Coleman & Company stated that these issues would be addressed. After discussion, Councilman Wall made a motion to accept the performance bond and approve the final plat for Sangrena Woods, Phase IV, contingent upon the city attorney approving the bond, a sidewalk being placed to the recreation area and the pedestrian access being moved and made more accessible. Motion was seconded by Councilman Allen and passed without opposition.

7. Approval of final PUD/site plan for Oglethorpe Square, a 144 unit multi-family development located on Pine Barren Road

Mr. Baxter presented this request for final PUD and site plan approval for Oglethorpe Square, which consists of 18 multi-family buildings (144 units) with associated parking, utility services and storm drainage, located on the north side of Pine Barren Road, stating that the developer has been asked to consider placing a sidewalk from this property to the elementary school. Charles Archer, resident in Bridgewater Subdivision, presented concern about the sidewalk only going to the driveway of the elementary school, with students still having to cross it to get to the middle school and further concerns regarding the back of the apartments facing Pine Barren Road, the location of the dumpsters and the potential for flooding due to the close proximity of the wetlands area. Mr. Wohlfeil assured Mr. Archer that these concerns are being addressed. Michael Decatur, resident of Bridgewater Subdivision, asked if there would be some type of berm, which Mr. Wohlfeil replied that there is a sufficient buffer planned. After discussion, Councilman Wall made a motion to approve the final PUD and site plan for Oglethorpe Square, contingent upon the developer placing a sidewalk from the western end of this property to the first driveway at West Chatham Elementary School and the 50' undisturbed buffer be heavily saturated with plantings to make the rear of the four (4) buildings be less visible to Pine Barren Road. Motion was seconded by Councilman Allen and passed without opposition.

8. Approval of minor subdivision of two (2) commercial lots in the Village Quarter of Savannah Quarters

Mr. Baxter presented this request for a minor subdivision of two (2) commercial lots (Lots B & B-1) in the Village Quarter of Savannah Quarters, stating that a performance bond has been posted to guarantee improvements in order for the plat to be recorded. Councilman Allen made a motion, seconded by Councilwoman Benton, to accept the performance bond and approve this minor subdivision, contingent upon the city attorney approving the performance bond.

9. Approval of minor subdivision of Lot K, Village Quarter in Savannah Quarters

Mr. Baxter presented this request for a minor subdivision of Lot K, located in the southwest corner of Pooler Parkway and Blue Moon Crossing, stating that Planning & Zoning and staff have recommended approval. Councilman Stanley made a motion to approve this minor subdivision. Motion was seconded by Councilman Allen and passed without opposition.

10. Approval of final PUD/approval of preliminary construction plan for Phase 2 of Village Green Townhomes

Mr. Baxter presented the preliminary construction plan for Phase 2 of the Village Green Townhomes in Savannah Quarters, stating that the plan includes Road “A”, a small commercial road extension south from the traffic circle on Blue Moon Crossing. After discussion, Councilwoman Benton made a motion to approve the final PUD and preliminary construction plans for this phase, subject to EPD approval. Motion was seconded by Councilman Stanley and passed without opposition.

11. Release of existing performance bond/acceptance of maintenance bond for The Gates, Phase 1A

Mr. Baxter presented this request to release the performance bond and accept the maintenance bond for The Gates, Phase1A. After discussion, Councilman Allen made a motion to release the performance bond and accept the maintenance bond, contingent upon the city attorney approving the maintenance bond. Motion was seconded by Councilwoman Benton and passed without opposition.

12. Approval of proposal for auditing and accounting services for 2005 audit

Mr. Baxter presented a proposal from Karp, Ronning & Tindol, P.C. to perform the city’s 2005 audit. After discussion, Councilman Stanley made a motion to approve this proposal. Motion was seconded by Councilwoman Benton and passed without opposition.

13. Approval of Safety Policy Statement

Mr. Baxter presented the city’s “Safety Policy Statement”. Councilwoman Benton made a motion, seconded by Councilman Royal, to approve. Motion passed without opposition.

14. Approval of budget adjustment for the Parks and Trees Department for 2006

Mr. Baxter presented a budget adjustment (copy attached) for the Parks and Trees Department for 2006 to re-class accounts since the department will be taking over the tractor crew. Councilman Royal made a motion, seconded by Councilwoman Benton, to approve this budget adjustment. Motion passed without opposition.

Charles Archer asked Council to consider beginning some way of celebrating Martin Luther King, Jr. Day in Pooler by way of a prayer breakfast, parade or some other type of activity.

There being no further business to discuss, Councilman Seay made a motion to adjourn at approximately 7:30 p.m. Motion was seconded by Councilman Allen and passed without opposition.

Public Hearing

Two (2) public hearings were held prior to the regular City Council meeting on January 17, 2006. Mayor Mike Lamb called the first hearing to order at 5:30 p.m. Present were Councilmen Bruce Allen, Mike Royal, Wayne Seay, Billy Stanley and Stevie Wall. City Manager Dennis Baxter and City Attorney Steve Scheer were also present.

The purpose of this hearing was to discuss a requested amendment to the R-8 Tract in the Godley Station PUD Master Plan. Councilman Wall stated that the parties involved have come to an agreement after quite some time and that he appreciates their cooperation in this matter. Travis Burke of Kern-Coleman & Company presented this amendment to the R-8 Tract in the Godley Station PUD, which consists of 78 acres that are currently zoned single-family residential. The owner is requesting the following changes: 14.60 acres to be developed as commercial/retail (with restricted uses) along the Pooler Parkway frontage; approximately 14 acres to be undisturbed greenspace; and the development standards being amended to allow approximately 20.07 acres to be developed as a townhome community. Mr. Burke stated that the owner has agreed to a perpetual deed restriction, which Mr. Scheer requested that this be made a part of the restrictive covenants. Councilman Wall requested that the access road be built to the city’s standards, that an amenity plan be provided and that a fence be placed behind the townhomes.

There being no further discussion, the hearing was adjourned at approximately 5:40 p.m.

Mayor Lamb called the second 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 and City Attorney Steve Scheer were also present.

The purpose of this hearing was to discuss a 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. Steve Wohlfeil of Hussey, Gay, Bell & DeYoung Engineers presented this amendment, stating that Tract 2 was approved by Council in November 2005 and is currently zoned C-2 (heavy commercial) and the owner is requesting to down-zone it to R-3C (multi-family) to construct 300 apartments along with a clubhouse and leasing office to keep the same balance of residential properties in the overall PUD. Councilman Wall presented concern over Item #5 in the Standards for Zoning Ordinance or Map Amendment, asking if there is an imminent need for this rezoning based on the fact that there is already a large amount of multi-family zoned areas throughout the Godley Tract. Councilwoman Benton asked if this 20 acre tract is part of the PUD, which Steve Wohlfeil of Hussey, Gay, Bell & DeYoung Engineers replied that it is not part of the PUD, but it is part of a whole community. Further, that it is an apartment project, not townhomes, and exhibits that there is a demand for this type of product.

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