MINUTES OF THE MAY 10, 2010 CITY COUNCIL WORK SESSION
AT THE JEFFERSON CIVIC CENTER
PRESENT: Mayor Jim Joiner, Council Members Plott, Kinney, Griffith, Kidd, Attorney R.
Hopkins, City Manager J. Ward, City Clerk E. McDonald
ABSENT: Council Member Kathy DuBose
1.
CALL TO ORDER - MAYOR JOINER
2. PLANNING & DEVELOPMENT
A .
Review of Public Hearing Procedures – City Manager John Ward
City Manager John Ward read the public hearing procedures into the record.
Mayor Jim Joiner stated that all three variances would be handled at one time.
B. Variance Requests
1. Gipson/Loggins II, LLC, property owner, pursuant to Article 22, Variances and
Appeals,” Chapter 22.1, “Variances,” Land Use Management Code requests the following three sets of variances (V-10-J01, V-10-J02, and V-10-J03) for proposed commercial uses on property zoned C-2 (Highway Commercial District) and constituting 9.41 acres located at the northwest corner of the intersection of
U.S. Highway 129 (Bypass) and Old Pendergrass Road; property fronting
1,223.65 feet on the west side of U.S. Highway 129 (Bypass) and 704.85 feet on the north side of Old Pendergrass Road (Tax Map/Parcel 081/005E3):
A.
V-10-J01 Variance to Article 12, “Parking and Loading,” as shown on site plan to: (1) vary Chapter 12.3, “Off-Street Parking,” Section 12.3.5,
“Minimum and Maximum Onsite Parking Spaces” including Table 12.1, to exceed the minimum required parking spaces for certain proposed lots and to exceed the maximum allowed parking spaces on other proposed lots; (2) Section 12.3.11, “Stacking Spaces for Drive-Through Facilities,” to eliminate minimum 10 foot wide bypass lane; (3) Chapter 12.5, “Off-
Street Loading,” Section 12.5.1, “Off-Street Loading Required,” to
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eliminate off-street loading requirements; and (4) Section 12.5.3 “Loading
Area Locations,” to allow a loading area in the front yard.
B.
V-10-J02 Variance as reflected on site plan to: (1) Article 8, “Commercial and Industrial Zoning Districts,” Chapter 8.3, “Highway Commercial
District,” Section 8.3.4, “Dimensional Requirements” (Table 8.2) to reduce the minimum 30-foot wide natural buffer abutting a residential zoning district to a 5-foot wide landscape strip; (2) Article 16, “Tree
Protection and Landscaping,” Chapter 16.4, “Landscaping,” to vary
Section 16.4.1, “Optional Planting Specifications for Front Landscape
Strips,” to reduce or eliminate required landscaping along Old Pendergrass
Road as shown on landscape plan; and (3) Section 16.4.4, “Screening and
Buffer Specifications,” to reduce or eliminate said standards as applied along U.S. Highway 129 (Bypass)
C.
V-10-J03 Variance to Article 10, “Overlay District Regulations,” Chapter
10.1, “U.S. Hwy 129 Corridor Overlay District,” to: (1) Section 10.1.4,
“Access Control,” to permit a lot to be created on U.S. Highway 129 with its only frontage on U.S. Highway 129 (Bypass); (2) Section 10.1.6,
“Corridor Buffer along U.S. Highway 129 Right-of-Way,” to reduce buffer width requirement of 50 feet to 10 foot landscape strip; and (3)
Section 10.1.7, “Reduction of Buffer Abutting Right-of-Way” to reduce the available buffer width reduction from 25 feet to a 10-foot wide landscape strip.
Jay Gipson, the Gipson Company, presented all three variances to Council individually and Council was provided with a map of the proposed development.
V-10-J01:
Mr. Gipson stated that the Gipson Company has in their plan more parking spaces than is permitted by the City. The reason for the parking requirement we have on the plan is the retail space in the middle of the site plan that faces Hwy. 129 (Appleby’s). Appleby’s wants to face Hwy. 129.
Appleby’s combined with a gym were two of the main reasons for our requirement for more parking. The Kroger facility is 100% leased. That’s the number one or two Kroger in the State of Georgia. Kroger does from
$750,000.00 to $800,000.00 per week in sales. That’s unprecedented for a market like this.
In the planning of Phase II, because of the tenant mix, the Gipson
Company is asking for this variance. Also, because of the constraints of the land is another reason for this variance. The setback on Hwy. 129, a row of parks, will be redesigned and landscape islands will be installed.
The Gipson Company wants to ensure that there is enough parking in
Phase II. Sidewalks will be installed on Old Pendergrass Road. I do not
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3 want customers to have to park in Kroger parking lot and cross Old
Pendergrass Road. With Appleby’s facing Hwy. 129, there’s not a typical rear loading area. Like most retailers and restaurants they load in the early mornings. Other tenants include a bank and its three drive-throughs and the restaurant’s drive-through, we are asking for a variance on the widths at the drive-throughs.
V-10-J02:
Mr. Gipson stated that this variance asks for a reduction in the natural buffer between Jefferson Place and the development. Currently there is a
30’ natural buffer and a 40’ gas easement. The Gipson Company is requesting a 5’ buffer off of the edge of that easement. A 12’ high wooden fence on the inside of trees from Jefferson Place will serve as a sound buffer. We are requesting a variance on the existing setback. There is a 40.2’ total variance. It’s the same dimensions that were used on the
Kroger shopping center. The development of Phase II will mirror the architecture of the Kroger shopping center. Phase II will have more of a village feel because it’s a smaller development with smaller shops.
V-10-J03:
Mr. Gipson informed Council that this development was permitted for a lot to be created with its only frontage on Hwy 129 for Appleby’s. The corridor buffer is reduced to 10’ from 50’. We have lined it up directly with the Kroger across the street. Along Old Pendergrass Road, because of the depth and the width of the site, we ask for the buffer to be shrunk.
To make this more feasible sidewalks will be included that extend from
Jefferson Place to Hwy. 129. With the tenants that have indicated a desire to be a part of Phase II (ice cream stores, coffee shops), the Gipson
Company wants to make this a walking development. The best way to do this for our neighbors is to provide the sidewalks. There will be sodded
Bermuda grass with the sidewalks. There will be small shrubbery between the sidewalks and the grass on the Pendergrass side so if a child on a bicycle loses control they will run into the bushes and not onto the street.
Council Member Kinney asked if the sidewalks would continue to Red
Bud Drive. Mr. Gipson stated that they would. City Manager Ward stated that this was a request of the Planning Commission and that all three variances were approved by the Planning Commission.
Council Member Plott stated that the first intersection on Old Pendergrass
Road is a nightmare. He asked how Mr. Gipson proposes that accidents be kept to a minimum at this intersection. Council Member Plott continued to say that you cannot allow a car to go across from Phase II to
Kroger. Mr. Gipson said when you turn onto Old Pendergrass Road there is no decel lane. We are widening Old Pendergrass Road with decel
/ excel lanes. Mr. Plott said you are going to have to have a right in/right out. You cannot allow traffic to go straight across. Mayor Joiner stated

4 that Mr. Gipson needs to consider not having it go straight across at
Kroger. You need to have only right in and right out. Council Member
Kinney stated that customers will have to travel to the next entrance at
Kroger, when leaving Phase II. This will be a traffic nightmare if customers go straight across at Kroger. Mr. Plott noted that a traffic signal would be needed at the second entrance to Kroger. Mr. Gipson stated that the tenant will either say yes or no, and if they say no we will do another deal. This was required by the tenant at design. There may be a way to design it better. Mr. Plott stated that enough of us travel there daily to know there is a stack lane turning left into Kroger. There are cars turning right out of Kroger and right into Kroger and turn left out of Kroger. Then introduce a car wanting to go straight across to Kroger is going to result in traffic accidents. Council Member Kinney stated that customers can turn right out of Phase II and then turn left into Kroger at the second entrance.
Mr. Gipson stated that he would have his engineers redesign this and get it to Council by Friday.
City Manager Ward asked if Council is requesting a right in/right out on the first intersection and a full access on the second. Council concurred.
Mayor Joiner stated that as this area grows there may eventually be a need for another traffic light. Mr. Gipson said that the Gipson Company has planned to contribute to an escrow account for the City for an undetermined amount of money. As the area is developed more, the
Gipson Company hopes everyone would put in enough to pay for it. I’m going to have to send a traffic design to CVS. They may cancel the deal because of this.
Council Member Kinney stated that this entrance change will benefit
CVS. It will take customers longer to get out into the road if the design remains the same. A customer will stop frequenting your business if it’s difficult for them to get out into the line of traffic. Mr. Gipson said it’s a lot more difficult now to pick up a prescription at Kroger than it would be at CVS even with the entrance change. Mayor Joiner said that Mr. Gipson already stated it’s the number one or two Kroger in the State and look at the traffic generated from that site. Mr. Gipson said when the Gipson
Company built it with just a stop sign on Hwy 129 it’s scared all of us.
Mayor Joiner stated if you can get it to us this week and City Manager
Ward can make arrangements to meet with us individually, then hopefully we can reach a decision in two weeks. Chief Wirthman asked to be included in the meetings. Mr. Gipson also promised to provide Chief
Wirthman with a copy of the redesign.
Opposition:
Roc Feeman stated that he’s shocked there’s no one from the adjacent subdivisions at the meeting. He said he’s not opposed to good, quality development. I want an Appleby’s, CVS or Walgreens just as much as

anyone else in this town. I could have moved to Commerce or Banks
County to have trashy zoning. I left Gwinnett County because of poor zoning there. Variances are meant to be an exception, not a rule. We got lucky because we have a pipeline which is between the development and the subdivision. So we are reducing the buffer by 5’. If I was in Jefferson
Walk I would be fired up. If this is approved, three months later someone across the street wants to do another development and realizes the variances that were approved with Phase II of Loggins Corner, then they may request one. You are shrinking your buffer so there goes the trees and we just fought hard to get grant money for trees. Council Member
Kinney stated that Mr. Gipson said he will put shrubs along the sidewalk.
If you proceed with this we have an issue of the speed limit on Old
Pendergrass. The speed limit is currently 55mph from the bypass all the way down Old Pendergrass. Mr. Killip has done a speed study. If the study is favorable enough the City should be able to reduce the speed limit. You have to wait two years to make the speed limit change. This is a quality of life and a safety issue. I will compliment the Kroger you developed. I like the access road around the development. Why can’t we do that with Phase II? It doesn’t look like we are going to do this because there is too much being crammed into this small area. I heard this threat.
Mr. Gipson said that CVS may not come. Then don’t let them come until you get a plan that works.
Rebuttal:
Mr. Gipson stated that he appreciates the comments. It’s actually an increase of the required buffer from 30’ to 45’. As we came into this market ten years ago, before there was all the zoning regulations and requirements, it was always our intention to do what was right. That’s what separates us from everybody else. We paid a lot of attention to sidewalks, shrubbery, buffering, etc. We try to impact the neighborhoods as little as possible. As far as CVS, that’s not a threat. I just have to run it by them. That’s why I want to provide you with the redesign as soon as possible prior to the next meeting.
3. CITY MANAGER – JOHN WARD
A. Finance – Amie Vaughan

April Budget Report
Amie Vaughan, Finance Director, received preliminary financial statements for the 2009 Audit at the end of last week. I have begun reviewing and hope to have that complete by the beginning of the week of May 12. Upon completion of review I will need to prepare the MD&A for the audit report.
Mauldin and Jenkins is hoping to have everything finalized by the end of May.
I am also getting started with the 2011 budget worksheets for department directors.
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General Fund
There is currently 66.67% of the year remaining and General Fund has collected 50.82% of the budgeted revenue for Fiscal Year 2010. The majority of this revenue is property tax revenue, which we have so far collected over
100% of what was budgeted to be collected. There is currently approximately
$139,000 worth of 2009 taxes that have not been collected. If collected, this will help us exceed our budgeted amount even more. There is currently 67.84% of the expenditure budget is remaining. This is close to the percentage of the year remaining because we had a large debt payment (included principal payment of $330,000) in February on the Road Bond.
Water and Sewer
Water and Sewer Fund has billed 25.9% of their budgeted operating revenue.
The Water and Sewer Fund has 65.86% of the operating expense budget remaining. Just like General Fund, the Water and Sewer Fund had a principal payment on the 2009 Refinance Bond.
Planning and Development
Through the month of April 14.91% of the revenue has been collected. There is still 84.66% of the operating budget remaining. Please note that the cash balance is ($1,072.27). This is the amount billed to the City of Talmo. There was no deficit for the month of April. No additional funds had to be transferred by General Fund.
Solid Waste
Currently, 29.66% Solid Waste revenue has been billed. There is currently
75.53% the operating budget remaining.
Ms. Vaughan stated that she and City Manager Ward have been working together to break out the cash as requested. Ms. Vaughan explained how she arrives at the contingency stating that contingency is the money not designated to be spent in our budget this year. If revenues come in as budgeted we will not have to touch that money. If things slow down more than expected, then we would have to use some of the contingency money. LOST collection is almost
$14,000 more for the first three months of 2010 than we collected in the first four months in 2009. Today LOST can look good and tomorrow it might not.
B. Main Street Jefferson – Beth Laughinghouse
Jefferson Streetscape Update
Beth Laughinghouse, Main Street Manager, updated Council on the
Jefferson Streetscape stating that construction should begin on June 1 st
.
Construction will begin at the Chevron Station and will last for six to nine months. There will be two or three public meetings with contractors, property and business owners, as well as citizens. All businesses will be

7 kept open during construction. City Manager Ward has been working with Georgia Power on the street lights. Jeff Killip, Public Works
Director, will be the onsite inspector. City Manager Ward stated that the same project engineer for the MAST arms is also the same GA DOT project engineer that’s been assigned for the Streetscape. Ms.
Laughinghouse continued to say that construction will be 7:00 a.m. to dark. There will be construction work on Sunday and if necessary, can do some Sunday work.
Preservation Month Proclamation
Ms. Laughinghouse informed Council that May is National Historic
Preservation Month and there is a Proclamation for this in Council’s
packet.
Ms. Laughinghouse continued to say that there were approximately 350
attendees at Saturday’s Day at the Historic Courthouse. There were
numerous other activities in and around Jefferson on Saturday. The
Freedom Festival is June 26 th
at the Recreation Complex. There will be a
flyer in the June Water Bills. There will be more room at the Recreation
Complex.
C. Crawford W. Long – Museum Updates
City Manager Ward informed Council that in their packet is information on publicity for the Museum. There will be a Lunch & Learn in conjunction with the Library for historic preservation on May 20 th.
Gingham Gal Café will provide the box lunch.
D. Police
National Law Enforcement Leadership Institute on Violence Against Women -
IACP –Chief Wirthman
Chief Joseph Wirthman informed Council that in two weeks he will travel to
Philadelphia. I have been invited by the International Association of Chiefs of
Police to participate in a conference on domestic violence against women and write policies for police departments. I will be serving on the committee to develop policy for police officers who are involved in domestic violence against women. Mayor Joiner stated that Chief Wirthman is only one of 24 officers across the nation that’s been invited to do this. This is quiet an honor for you and for the City of Jefferson.
Jail Service Contract
Council is provided with a letter regarding the contract with the County to keep prisoners in their jail.

Police Memorial Service
Chief Wirthman invited Council to the Fourth Annual Police Memorial tomorrow night at Living Word Worship Center with a candlelight vigil at
7:00 p.m. There were 116 officers that died in the line of duty last year and that’s 116 too many; but, it’s lower than in previous years.
Chief Wirthman informed Council that the Governor’s Office of Highway
Safety Roadside Checks, Summer Thunder, is June 4 th
and will begin in
Jefferson. Last year in Oconee County there were 99 DUIs during this safety roadside check.
E. Fire
Surplus – 1988 Chevrolet C-65
City Manager Ward stated that the Fire Department has a 1988 Chevrolet C-65 they wish to surplus.
F. Public Works Department - Jeff Killip
Road Projects
--Hog Mountain Road – Closed from Race Trac to Possum Creek to create a five-lane road.
--MLK – Ongoing design, geological testing, out to construction next year.
--John B. Brooks – Closed to paving
--Athens Street paved from the Chevron to the Barrow County line.
--LARP – Church Street – started preparation, Borders – the City’s crew did preparation work; Railroad – certain treatment has to be put down first.
--Civic Center Parking Lot – If you have walked on the gravel, you do not sink even in heels. Irrigating grass now. Looking at other solar lights.
City Manager Ward stated that the City has to certify that all components are American made.
Mr. Killip stated that shrubbery protection at the sidewalks is not adequate.
We need a barrier that will stop a car. Curb and gutter or a ditch line is adequate (this becomes a drainage project).
Water & Sewer Projects
Mr. Killip presented Engineer Jerry Hood’s report.
Parks Creek Reservoir –The City’s permit application package to the
Corps of Engineers continues to be focused on satisfying the stream mitigation requirements. One acquisition is currently in process that should bring about positive movement on the stream mitigation plan. EMI and City staff will continue to focus on facilitating the stream mitigation activities until an acceptable plan is achieved. Following that, activities will center on funding, acquisition and further design.
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Central City WWTF Operations
– A copy of the March, 2010 operating report is attached. During March, the plant operated at an average of 0.481
MGD or about 48 % of capacity. The peak flow occurred on March 11, with a peak flow of 0.649 MGD following a major rainstorm. The plant continues to provide a high quality of effluent which is well below the maximum allowances of the permit. The April report had not been completed at the time of this writing due to the time requirements of the BOD testing.
I-85 WWTF Expansion – The City is in an excellent posture- permit wise to facilitate waste treatment needs in the I-85 corridor for many years. All documentation is in place to provide an additional 1.15 MGD in additional capacity in that basin. The plant is continues to receive a high strength waste stream. The State has approved the change in sampling location which should result in the plant meeting permit conditions. City staff and
EMI have been working to get this accomplished for some time.
MLK, Jr Drive Extension- City staff have continued to move this project through the bureaucratic entanglement involved with this ARC Grant funded project. The project concept plan has been completed and approved as well as the preliminary design. Final design is well underway.
Waste water pumping and transfer Facilities for the I-85 Corridor
–
The City is proposing to develop this project in two phases and re-route the force main to reduce the financial impacts. This project has had recent activity, and portions will get underway soon. An alternative force main route will be necessary in order to accommodate the new industry. Revisions have been made to the plans. The casing location has been designed and will be installed prior to widening of Hog Mountain Road.
Plan for High rating water plant facilities -
The High Rate and water treatment pant enhancement project is nearing completion of the design phase. The City has received approval of the ARC
Grant, as announced by the governor. The final ARC application has been submitted, and a supplemental application to USDA has been completed and submitted. The required public hearing for the project was held on April 26, 2010.
An application to EDA is also in process.
Civic Center Parking Lot Expansion-
Phase 1 of the improvement project has been substantially completed and close out procedures have been finalized. Expansion of the parking lot is also under construction utilizing a pervious paving material. This project has received approval for $545,000 in GEFA ARRA “Green” Project funding. The project is well under construction with completion anticipated late this month.
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Council Member Griffith stated that his water meter is reading hot. Mr. Killip stated that he’s never heard of that. Mr. Griffith said his water bill was high.
Mr. Killip stated that water bills cannot be overcharged, if there’s a problem it’s an under charge.
Old Swimming Pool Road
Mr. Killip said that the design for Old Swimming Pool Road includes parking, drainage improvements. New curb and gutter on the Pond side. Parallel parking adjacent to the ballfields and the pond.
Council Member Griffith stated that parallel parking will limit parking.
Council Member Kinney stated that the school may want to add parking.
Mayor Joiner stated that attendees will parallel park anyway. City Manager
Ward stated that we can still have additional parking and can keep overflow parking pervious.
City Attorney Ronnie Hopkins inquired about maximizing the parking for several events. Mr. Killip stated that if the school wants to pave it that’s fine.
Mr. Hopkins said this is an opportunity to look at it as a way to do something better than what is there now. Mayor Joiner reminded Council that what they are looking at doing is improving that street. We can come back later and do something with parking. Council Member Kinney stated that something could be done similar to what has been done at Mike’s Grill. City Manager Ward asked Council if they wanted to make changes before moving forward with this so it can be completed prior to football season. Council Member Griffith stated that the pipe size needs to be increased. An inlet needs to be added.
Speed Limit Study
Mr. Killip reported to Council that the result of the Speed Limit Study on Old
Pendergrass Road from Washington Street to the Bypass and on Old
Swimming Pool Road from Memorial Drive to the Bypass suggests the possibility of both being reduced to 35mph. From Bypass to Benton Road reduced to 45mph. This has to be submitted to GA DOT. Every few years someone is assigned to make these changes and certify them. The last change was in November 2004. We anticipate that the changes will be made this
November. Mr. Killip said that GA DOT recently recertified all of our speed limits to stay as they are. This study will be submitted with a letter requesting recertification. Council Member Kinney stated that if Phase II of Loggins
Corner is approved the speed limit should be 35mph passed the subdivisions, then 45mph to Benton Road. At Kroger it should be 25mph. Mr. Killip stated that we cannot lower it to 25mph or it will be considered a speed trap. City
Manager Ward stated that the New Salem Church Road upgrade will provide
MAST arms.
Mr. Killip informed Council that May 16-22 is Public Works Week. Please thank the Public Works employees. Ms. Laughinghouse noted that on

Tuesday, May 18 th
, the City is hosting a Public Works Appreciation where we will serve ice cream at the Water Plant from 11:30 a.m. to 1:00 p.m. Mr.
Killip stated that Public Works employees are killed daily in directing traffic and that there is an element of danger in their jobs.
G. Administration – John Ward
Thomas Ward – Maple Square Apartments
Thomas Ward presented to Council regarding Maple Square Apartments
stating that he is seeking DCA funding. The development is enrolled in
Earth Craft (a true green program) and are trying to enroll as an Earth Craft
Community. DCA requires a Resolution of Support and letter from the City
Manager. City Manager Ward stated that this development will fall under the
City’s impact fee.
HB 489 Service Delivery Update
City Manager Ward updated Council on HB 489 Service Delivery stating that he has been attending negotiations. The final areas have been reviewed.
Awaiting final draft from County updating the road list. Renegotiations currently are regarding animal control.
SPLOST 5 Update
All cities have met and are in the process of negotiating the City’s shared portion. The City of Jefferson has had over 100% growth and is currently the largest City in Jackson County. We will be renegotiating this.
Alcohol Ordinance- Caterers
City Manager Ward stated that the Alcohol Ordinance pertains to caterers.
Currently the City’s ordinance prohibits beer, wine, liquor sales off premises.
Two catering companies have requested to seek an alcohol license. The City wants to encourage caterers to locate in Jefferson. The County Alcohol
Ordinance provides for a caterers license for $500.00, special events are $50.
Excise tax will be charged for each. An alcohol license has to be obtained before a caterer’s license. There is a State law O.C. G.A. 3-11-1 which outlines who caters and allows municipalities to authorize a catering license in addition to your alcohol license. With your guidance we will pursue this. Ms.
Laughinghouse noted that the Gingham Gal Café would like to offer alcohol on the premises if a group wants to have a meeting at the café, etc. The owner also wants to be able to cater an event at the Civic Center and serve beer and wine. This would still have to be reported for excise tax purposes.
2011 Budget Schedule
City Manager Ward stated that department proposals will be reviewed in June.
Police, Fire and Solid Waste are scheduled for the Work Session in July. The next budget meeting will be at the July Voting Session, and the August Work
Session with the August Voting Session having a balanced budget. This is dependent on receipt of the digest.
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Monthly Department Reports
City Manager Ward stated that Council is provided with the monthly department reports as an update of activities, programs and projects of City
Departments.
Schedule of Activities
City Manager Ward informed Council that the Schedule of Activities is in their packet. As a new Chamber member, businesses are offered an opportunity for a ribbon cutting. Car Quest’s Ribbon Cutting Ceremony is planned on Wednesday and invited Council to attend.
4. PUBLIC COMMENT
Roc Feeman remind Council in the approved Comprehensive Plan there is a walking trail from the Recreation Complex to Curry Creek through Old
Swimming Pool Road.
5. OTHER BUSINESS
Council Member Plott questioned the progress on thefts. Chief Wirthman stated that they are looking at certain kids. There was a burglary in Bosie’s area. The suspect is autistic. There is extra patrol in that area.
6. ADJOURN – MAYOR JOINER
___________________________________
City Clerk Elizabeth McDonald
_____________________________________
Mayor Jim Joiner
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