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date: 1999-03-08
title: March 8, 1999 Minutes
source: 1999-03/1999-03-08_March 8, 1999_Minutes.pdf
pages: 1
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March 8, 1999

CITY OF STOCKBRIDGE
HENRY COUNTY, GEORGIA MARCH 8, 1999

The Regular meeting of the Stockbridge City Council was held March 8, 1999 at 6:00 P.M. MayorKelley
presided and members present were Harold Cochran, G. W. Evans, W. A. Gardner, Ronnie Simmons and
Fletcher Turner.

Harold Cochran made a motion to convene, seconded by G. W. Evans, passed unanimously.

Harold Cochran made a motion to approve the minutes of the February 8, 1999 Council Meeting, seconded
by G. W. Evans, passed unanimously.

Mayor Kelley welcomed guests.

PLANNING AND ZONING

PLANNED TOWN DEVELOPMENT (PTD) ORDINANCE. Tim Young, Planner, Henry County Community
Development reminded the Council that the Planned Town Development Ordinance was presented to the
Council on February 8, 1999 as a discussion item. The discussion included the Pathway Communities
Development south of Walt Stephens Road and east of Blackhall Road. Since that meeting, there have been
several meetings with Mr. Welch and Pathways Communities and this is the final draft of the Ordinance. It
was pointed out that Henry County Planning Commission has given their approval of this ordinance.

This ordinance is intended for large developments over 100 acres. The ordinance meets the City’s overall
goals in respect to open space, traditional neighborhoods, and on site amenities. The ordinance is very
comprehensive in regards to calculating density and what types of businesses that will be allowed.

A. J. Welch pointed out that there is a cap-overview, with a minimum of 100 acres, no multi-family dwellings
in these types of communities. The commercial is intended to serve the community itself. High-density lots
are all single family dwellings and certain ratios of minimum square footage homes, one-third of the homes
will be 1,400 square feet, one-third will be 1,500 and one-third will be 1,600. The regular lot sizes, the
minimum square foot house will be 1,600, 1,700 and 1,800. Under the phasing ratio for building houses, the
developer can build two traditional houses on small lots to every conventional house on regular lots.
The ordinance also has a formula that requires the developer to build, maintain and operate recreational
services inside the subdivision for the benefit of that subdivision. Mr. Welch pointed out that some of the lot
space is small but there is extensive amount of area being set aside as green space and recreational space.
There is also a requirement for providing space for school services. This is a new idea in development and
Mr. Welch recommends the Council go forward with the new ordinance.

Tim Young noted that the ordinance takes out on-street parking as permitted exclusively by right and made
it conditional to the master plan if aesthetically arranged within the development.

Ronnie Simmons made a motion to approve ordinance as submitted, seconded by Fletcher Turner, passed
unanimously.

PATHWAY COMMUNITIES OF PEACHTREE CITY, GEORGIA request rezoning from R-1 (single-family
residential) and PD (R-2, R-3 and C-1) to PD (R-1, R-3 and C-2) for property in Land Lots 9 and 10 of the
6th district and 7, 8, 9, 25 & 26 of the 12th District. The property is located on the south side of Walt Stephens
road within the city limits of Stockbridge. The property contains 380 acres, and the request is for a mixture
of traditional neighborhood development and conventional subdivision development in a master-planned
setting. The Henry County-Municipal Planning Commission approved the request January 28, 1999.

Pathway Communities is requesting a change from Planned Development to Planned Town Development.
Planning Department has been working with Pathway, City and City Attorney on this issue. The plans for
this development have gone through the Atlanta Regional Commission and the ARC approved this
development with the strongest approval ever received on this type of development.

There is one item that was mentioned earlier, there is a 12-acre piece of the property on the south side of
Rum Creek, Falling Water subdivision, which at present is in the county. Originally, a sign was not posted
for the Henry County rezoning hearing but the property was advertised and posted for this hearing. There
were some concerns from the Falling Water Homeowners Association. DanCamp and Tim Young met with
the Homeowners Association and explained the type of development. Mrs. Cheri Gzywacz, President, Falling
Water Homeowners Association and Commissioner Freedman were concerned with the following items:

1. Pursue title for connection to Blackhall road and cul-de-sac possible connection to Falling Water,
if possible.
2. Minimum house size of 1,800 square feet of lots south of Rum Creek.

3. Enhance and preserve buffer along street between Falling Waters and Pathway side, ranging
between 75 to 10 feet according to illustrative master plan. Plant 7-foot holly trees within buffer,
if necessary.

4. Side loading garages for homes south of Rum Creek.

5. Boulevard entrance for Blackhall Road access north of Falling Waters.

6. Mailboxes that are similar in appearance with the homes (brick, monument type).

7. Should the development not be able to connect to Blackhall, then the land south of Rum Creek
shall have similar covenants as Falling Waters.

Dan Camp has agreed to make his covenants similar to Falling Waters and is here to discuss these items.
Mr. Camp explained that there is a strip of land where Blackhall was re-aligned back early 1960’s by the
Georgia Department of Transportation. There is a 30 or 40 foot piece of property between their Blackhall
property and the adjourning right-of-way. They have two choices, one is to seek a way to connect to Blackhall
road and two is to access the property via Falling Water property. They prefer not to come through Falling
Waters so they are looking for a way to bridge the gap between their property and Blackhall Road. Ownership
of the 30 or 40 foot strip of property is unknown at this time. A. J. Welch raised the question whether or not
this section of property in question has been annexed into the City? Ted Strickland responded that the
property in question was annexed in July, 1998. Mr. Strickland asked Mr. Welch if there would be a problem
with the City acquiring the strip to get access to Blackhall? The City cannot condemn property to give
Pathway access; it has to be established that there is a public need for access. If there is a public need, the
City could conceivable condemn the land. The provision in the Development Agreement that said the City
would condemn the property, revise it to say that if a public need exists, the City would condemn it.

When Blackhall Road was realigned, the old road was never deeded to anyone; the property probably
belongs to the original owner. A. J. Welch said the original road was still owned by Henry County unless
abandoned, once a road, always a road until abandoned by statutory operation. Doug Dillard, Dillard and
Galloway, representing Pathway Communities informed Council that they are investigating how the road was
relocated. If it was relocated in such a way that the abandoned right-of-way went to the adjacent property
owner, then the strip of property could be annexed. If, however, DOT took their access to Blackhall Road
and there was no compensation for it, they can go back to DOT and handle it that way without the City
exercising their powers of eminent domain. Otherwise, if it is determined that it is better for Pathway to have
access to Blackhall Road than to come through Falling Waters, they will be able to build a case for the City
to exercise their power of eminent domain and condemn the property. A. J. Welch said the City couldn’t
agree up front to something the City does not know exists.

Doug Dillard said they have three options and they feel comfortable that they will be able to work something
out. Ted Strickland stated for the record that he told Pathway, condemning the property might be something
the City could do but he did not say for sure that it could be done.

Dan Camp presented plans for a 385-acre tract being presented for the Planned Town Development
Ordinance for a total of 828 units. It meets all the stipulations of the new ordinance. They have agreed to
donate twenty (20) acres of land for an elementary school. An extensive recreational package which includes
two (2) swimming pools, eight tennis courts, walking trails, wildlife area and playing fields. Pathway’s goal is
to create a nice community.

Pathway is adding three new pieces of property to their development. A piece of property being purchased
from Andrews Homes which was to be an extension to the Falling Waters Subdivision, another section from
Metro Material Services and the Manderley amenity property which will become a part of the Pathway
development. These properties will be annexed and rezoned next month, increasing the development from
385 acres to 420 acres.

Addressing the Council, Mr. Dillard said with rezoning they anticipate the execution of the Development
Agreement, which insures not only the way the property will be developed but also the standards to which it
will be developed.

Cheri Grzywacz, President, Falling Waters Community Association, stated that they did not know the
Pathway development would effect them until February 18 when a sign appeared on Blackhall Road very
close to the entryway to Falling Waters. When she phoned about this meeting, she found the Henry County
zoning meeting had already taken place and they were not notified. Tim Young suggested their Board meet
with Dan Camp. When they met, Mr. Camp gave them a presentation about the development. They learned
that Pathway’s original plan was for the twenty-one (21) new houses that would use Falling Waters’s
entryway. The new residents would not pay any maintenance fees and would be governed by totally different
covenants. Pathway will try to build the entryway for these houses on Blackhall Road north of the Falling
Waters entrance. Mrs. Grzywacz said the main reason she is at this meeting is because she wants assurance
that if they cannot locate the owner of the property between Blackhall Road and Andrews Homes property,
would Henry County condemn the property and take it by eminent domain. That would save their subdivision
by being cul-de-saced at the end of the street where their homes are located. They would be totally separate
from Pathway. They feel the extra travel on their roads would be a very bad situation.
Mr. Dillard said they could not guarantee anything at this time because they don’t know the entire situation
and the agreement Mr. Camp has made by Falling Waters is that he would agree to the cul-de-sac as long
as Pathway can get access to Blackhall Road. They don’t know where the title is for the section of property
in question. If there is no public purpose, the City Council cannot exercise their condemnation powers. At
this time, the Council cannot give assurance that the public purpose is there. Upon investigation, the Council
may find public purpose and justification to exercise condemnation.

Mrs. Grzywacz asked Mr. Dillard to explain what is meant by public purpose. Mr. Dillard explained that it
could be important from a traffic standpoint that they have access to Blackhall Road because it might be
determined that it would be safer, lesser intrusive to the Falling Waters neighborhood and also on to and
from other roadways. It is important from a traffic and circulation standpoint. Another important thing is, that
whoever condemned the relocated road took the adjacent property access to the Blackhall roadway, it cannot
be done without compensation. It has to be determined if that was intended, the road was just moved and
the adjacent property that was abandoned as public right-of-way went to the adjacent property owner. So,
they could very well have the title by operation of law and actually have access to Blackhall. There are a
number of public purpose doctrines that could be explored to determine that access. Mr. Dillard stated that
Pathway would do everything possible to do exactly what Falling Waters wants, cul-de-sac their street and
have the Pathway development access on Blackhall Road.

Mrs. Grzywacz said in closing that she is pleading with the City Council that if it comes down to the point
where the City Council has to step in and do a condemnation, if it’s within the law, so their subdivision can
be contained and left as is. Mayor Kelley replied the Council would do what they can, within reason, to make
it possible to access Blackhall Road.

A. J. Welch responded that there really is not a question now because there is no immediate public need at
this time. If they build a subdivision and it’s determined by the Mayor and Council that it would be of the
public’s interest and public safety to have an access on Blackhall Road for fire protection, police protection,
school buses, and all the public matters the Council serves, the Council will have the power of condemnation.
As of today, there is a vacant piece of property with no apparent public need. When Pathway starts
construction of their development, it may well develop a need. The decision can only be made when a need
arises for a specific purpose.

Cary Jennings, 221 Amicalola Way, is concerned about the three houses adjacent to Pathway property where
the road is planned. How close will the road come to their property and would they have to give up any
easement? Tim Young replied that the homes in question should not be effected because the developer will
have to keep all grading on his site. The buffer area ranges in width from seventy-five (75) and narrows to
zero (0). Pathway will keep all grading on their site and they have agreed to plant and enhance the buffer to
insure the area is screened from the roadway. Pathway will keep as many trees as possible.
Mr. Camp re-emphasized that their homes will not be part of the Pathway development but will be compatible
to the houses in Falling Waters. The highest minimum house size will be 1,80 feet, similar to Falling Waters.

John Griswold, Falling Waters, expressed his concerns that if it becomes absolutely impossible to gain
access to Blackhall Road could it be possible to develop adjourning twenty-one (21) houses as part of Falling
Waters? The property was originally set aside for phase II of Falling Waters by the previous developer. Tim
Young advised that the piece of property that Mr. Griswold is referring to was never part of the Falling Waters
subdivision.

Tim Young asked if Pathway wanted to discuss the condition for rezoning. Mr. Camp responded that the
conditions have been addressed in paragraph fifteen (15) of the Development Agreement.

Patrick Jaugsetter pointed out that the City’s legal staff has been working on the Development Agreement
with Pathway. The Mayor and Council will need to make decisions on three issued that remain outstanding.
The first involves the phasing requirements. Under the Planned Town Development Ordinance there is a
phasing requirement for every two (2) TND lots there must be one (1) CD conventional lot. The Council will
need to determine whether those phasing requirements should apply or not apply.

The second issue regards vinyl siding. It is recommended that any vinyl siding meet some minimum grade
or minimum of standard quality. Mr. Camp said they addressed those issues in their architectural control
element of the restricted covenants. Legal staff has sought to transfer control to the City saying they must
meet a minimum grade vinyl siding.

The third issue concerns condemnation. Pathway has requested condemnation as part of the Development
Agreement. The City would agree to condemn if a public need was found to exist. A.J.Welch recommends
condemnation be totally left out of the agreement and if it becomes a need let the City make the determination
if it’s a necessity and go forward with the condemnation. Condemnation is part of paragraph fifteen (15) and
the condemnation portion should be removed. Mayor Kelley asked if the Development Agreement was going
to be voted on at this meeting? Mr. Welch replied that once the Council goes through the zoning process, if
they approve the rezoning, it should be approved conditional upon execution of the Development Agreement.
The issues in the Development Agreement need to be resolved before rezoning is approved.

Doug Dillard responded saying that phasing relates to marketing conditions. They cannot agree on what the
phasing percentages might look like, knowing they have minimum standards under the ordinance. The
Council should feel comfortable that the ordinance gives sufficient protection and no matter what is built it
will be of the highest quality. Regarding the vinyl siding, this issue could be determined under the City’s
Development Code. If there is a minimum standard of vinyl siding that the Council desires, the quality of their
development will not let this matter be an issue. Vinyl siding is not something they can put in the Development
Agreement at this time. The question on the access of Blackhall Road, if they become landlocked because
of government action, they will have to have a way to access their property. From the City’s standpoint, how
is it best accessed for the best public safety, health and welfare is maintained? Pathway does anticipate that
the zoning be passed in anticipation of the execution of the Development Agreement. The vinyl siding issue
can be handled independently of the Development Agreement. Third, the access issue be reserved so that
whenever they come back, it is understood that both the execution of the Development Agreement and the
zoning, left that issue open for all concerned to look at what is the best solution for the development.

Responding in reverse order, A. J. Welch said the access issue should be totally left out of the Development
Agreement and deal with that matter when they determine who owns the title to the property. When there is
a public issue that may arise, deal with it on that basis at that time. Second thing is the vinyl siding; there are
no minimum criteria for vinyl siding. If Pathway wants to negotiate to amend the Subdivision Ordinance to
put in minimum standards for vinyl siding, it can be done, but the City prefers that it be stated in the
agreement. That would cover the vinyl siding issue until Pathway ultimately makes a decision on which way
to go City wide. The third thing, the most important thing, is the phasing. The City is concerned that if a
developer builds all the cluster homes, which are the smaller size homes, and if there is a down turn in the
economy or something goes wrong financially with their operation, the development would be sold to
someone else. In the last two years, the property has changed hands for the second time. If someone else
comes in to develop the community, they may try to force the City to give them a higher density, to give them
more of the smaller lots, to argue and litigate over that particular situation. This type of community should
develop simultaneously, not only the small lots but also the commercial and larger residential lots. The City
has been advised not to go less than two small lots to one large lot on which houses are actually built. That
will keep a balancing act going for sixty-five percent of the development for the project.

Mayor Kelley stated that lately all subdivisions of this nature which have been approved have been required
to develop a ratio of small lots to larger lots. It is a concern that all the small lots will be developed first and
then the developer wants to build smaller home throughout the development if the market becomes
unfavorable. He asked Pathway what their feelings are on this matter.

Dan Camp said their development is planned to have a town center, and a school and they go through an
area that is a traditional neighborhood and to get back to their conventional homes. Then, they will have to
development a significant amount of the traditional section to get to the conventional homes. Their concern
is at what point and time is the phasing issued called. Their market research and studies show that the
conventional area is more in demand. They want to get back there and do not want it to become an issue.
As pointed out by Doug Dillard, the City has significant controls via the Development Agreement requiring
minimum house sizes. Pathway feels that along with the quality level of the community and amenity package
will force the house prices higher. A combination of the recreational amenities and the house sizes in the
Agreement should be sufficient protection. Furthermore, if anyone does come back in, the City can require
that they do a whole new Development Agreement.
Mayor Kelley said that’s the point the City if making. A developer would have to come back in and redo the
development again and City does not want that to happen. Because when they come back before the
Council, they would want to continue developing the same small houses that Pathway has already developed.
This has been a problem in the past and the Council has always had an agreement requiring phasing
percentages. This protects the City and neighboring areas. Henry County is a fast growing county and
property changes hands on a regular basis. The City would certainly welcome this development but they
must understand the City’s concerns in the matter.

Going back to the vinyl issue, Dan Camp said they are not required to install a minimum vinyl siding in
Peachtree City. The builders have to submit an architectural review package and it must include the vinyl
siding, roof shingles, shutters, colors and brick. They agree that there should be some type of minimum
standard for vinyl siding and they have no problem with a minimum for vinyl siding but they do not know what
that minimum should be. Tim Young said Henry County has set no standard for vinyl siding and it would be
difficult to do because all manufacturers have a premium brand of vinyl and claim theirs is the best.

A.J.Welch suggested the vinyl siding issue be added to the Development Agreement and it would require not
less than a medium grade of vinyl siding. Mr. Welch will do some research on the matter and draft a separate
ordinance and not tie up the Development Agreement.

Sally Davis stated that what she understands is, if the deed is found, there probably want be problem. If they
don’t find the deed, if there is a public domain reason, such as a development, then they can condemn and
have access. How do you develop something to which you don’t have access? Then condemn the property
to get access? A. J. Welch responded that the City could not do anything until a need is established.

Mr. Dillard stated that Pathway could get access through Falling Waters but they are trying to accommodate
concerns that the neighbors have and want everyone to understand that there is a problem and also
understand that you cannot through government action land lock a piece of property. So someone is going
to have to give them access one way or the other.

Sally Davis stated that it’s not clear to her understanding that if necessary, Pathway construction crew would
come through Falling Waters if that the only way to get access to their property? Mr. Dillard said that is one
of the three options available to them.

Bob Holmes, 8510 Blackhall Road, stated that when he purchased his property from Dr. Spivey, Dr. Spivey
apparently donated the property to cut the new road. The old property was donated to the caretaker, John
Chapman. Mr. Holmes purchased the property from John Chapman and he owned the property all the way
to the creek, including the sliver of property in question. The property was never deeded so technically he
doesn’t own the sliver of land. When he purchased the land he was told it belonged to him. That’s immaterial
at this time, but the land probably still belongs to JohnChapman and he probably doesn’t want the City to
take his land.

FIRST MOTION: W. A. Gardner made a motion to approve the application for rezoning of Pathway
Communities of Peachtree City, Georgia from R-1/PD to PTD. The property located in Land Lots 7 8, 9 and
10 of the 12th District, on the south side of Walt Stephens Road between Manderly Subdivision and Interstate
75 South, condition upon and subject to the Development Agreement that has been announced and that has
been reduced to writing, seconded by Ronnie Simmons passed unanimously.

SECOND MOTION: Ronnie Simmons made a motion to approve the Development Agreement between
Pathway Communities of Peachtree City and the City of Stockbridge and to authorize R. G. Kelley, Mayor to
sign on behalf of the City, seconded by G. W. Evans, passed unanimously.

Doug Dillard said for the record that when they come back for annexation, hopefully they hope to have the
access solved. The rezoning does anticipate coming back with the additional property and annexations.
They anticipate the same Development Agreement will apply to the additional property. A. J. Welch said the
agreement does contemplate that but is not required.

R-3 ZONING DISTRICT. Ray Pacheco, Planner with Henry County Community Development, discussed the
County’s new R-3 zoning district. Henry County has a Planned Development district and within that district
there are R-2 and R-3 districts that can be used in the entire planned district. Recently Henry County
Commissioners adopted the R-3 district as a stand-alone district that will basically be used for in-fill areas in
the County that will be limited to 20-acre tracts. They made no major changes to the R-3 districts.
Commissioners changed the house sizes from 1,000 to 1,300 square feet. Open space will be no less than
fifteen (15) percent of the net acreage in a project for recreation. The Board of Commissions may require as
a condition of R-3, a vegetation buffer along property boundaries. The R-3 took the place of a district that
was used for a few years within the RM (multi-family) district. In the past few years, single family uses were
allowed in the RM district but there were no set guidelines. The County deleted single family in the RM district
and adopted the R-3 as a stand along district. Since the first of January, the County has received three
requests from developers wanting to develop property with the new R-3 district. Before a developer can use
the R-3 district within the City, the City must either adopt the R-3 as it exists or have the option to making
changes.

Mr. Pacheco met with Ted Strickland, A. J. Welch and Patrick Jaugsetter and discussed some issues that
might improve the R-3 district as it pertains to the City. One thing they discussed was not setting a limit of
20 acres on the R-3 district, just leaving it wide open and set strong standards for house size and open space.
Mr. Welch has reviewed the R-3 district ordinance and has some changes he will recommend to the Council.
The R-3 zoning ordinance for the City of Stockbridge will be heard by the Planning Board at their last meeting
in March and heard by the Council at the April 12 meeting. Mr. Pacheco will prepare legal notices to be
advertised for the Planning Board meeting and the Council meeting.

BILLY AND MILLY MABROS OF STOCKBRIDGE, GEORGIA requests rezoning from RA (residential-
agricultural) to C-2 (general commercial) for property located in Land Lots 24 and 25 of the 12t District. The
property contains 8.5 acres and is located on the East Side of Speer Road, just north of Walt Stephens Road.
The request is for retail/commercial development. The Henry County Planning Commission denied this
request February 11, 1999 because it was not in the Land Use Plan.

If the Council approves the rezoning the Planning staff recommends the following conditions:

1. The façade and architecture of any proposed buildings shall be residential in appearance and
consisting of brick, stone, stucco, wood siding, glass or any combination thereof. Planning and
Development and the City of Stockbridge prior to the issuance of a building permit shall approve
the exterior appearance of all proposed buildings.

2. The installation of any signs shall be ground mounted not pole mounted, decorated with brick,
stucco or stone or any combination thereof and not to exceed eight (8) in height.

3. All parking shall be inter-linked with surrounding commercial sites and residential streets in order
to cut down on excessive curb cuts on Speer Road.

4. Submit a lighting plan to Planning and Development as part of the preliminary plan review
process. The lighting scheme should be conducive to a neighborhood development, which will
not impose excessive lighting on surrounding residents. Said plan should be designed to require
that all lighting is of a moderate brightness and height.

5. No reduction of the required forty (40) foot planted buffer shall be permitted. No grading or
construction activity will be permitted within the buffer area. Existing vegetation shall be
preserved and supplemented with additional planting when existing vegetation is not sufficient
to serve as a buffer.
6. Sidewalks (minimum width of five feet) shall be constructed along Speer Road.

7. Acceleration/Deceleration lane and left turn land entrance into the site, both to be installed if
deemed necessary by the County Engineer and Henry County DOT.

8. Any future commercial development along Walt Stephens Road and Speer/Blackhall Road that
does not meet the Land Use Plan will require an amendment to the Land Use Plan prior to
acceptance of a rezoning petition.

Ronnie Simmons made a motion to approve rezoning subject to the eight conditions listed, seconded by
Fletcher Turner, passed unanimously.

CHICK-FIL-A SIGN VARIANCE. Chic-fil-A, Inc. of Atlanta, Georgia requests a sign variance for property in
Land Lot 20 of the 6th District, located at the southwest intersection of Eagle’s Landing Parkway and Country
Club Drive. The property contains 1.34 acres, and the request is for a 100 foot pylon sign. Within five
hundred (500) feet of the interstate right-of-way the standard sign would be fifty (50) feet in height and 125
for signage for single tenants.

Ronnie Simmons made a motion to approve variance, seconded by Harold Cochran, passed unanimously.

A representative from Chick-fil-A, Inc. advised the Council that a new development has come up since they
applied for a variance. If they can work out the legal and engineering to share a sign with Texaco, it would
still be higher than the existing Texaco sign.

Ronnie Simmons made a motion to rescind the previous motion, seconded by Fletcher Turner, passed
unanimously.

Ronnie Simmons made a motion to approve the variance if it can be mounted on the Texaco sign, if it cannot,
Chick-fil-A be allowed to construct independent sign as described, seconded by HaroldCochran.

JOHN CARNES, TEAM PEPPER PRODUCTIONS request permission to conduct a used car tent sale on
the Walmart parking lot on March 26, 27 and 28, 1999. Mr. Carnes was not present and this item was deleted
from the agenda.
GEORGIA ENVIRONMENTAL FACILITY AGENCY LOAN. Mayor Kelley reminded Council that the City
has been working on the well project and the loan with GEFA has been put on hold for several years. A. J.
Welch advised that he is still working on the interest rate.

Harold Cochran made a motion to adopt a resolution to authorize the Mayor and Clerk to sign contract for
financing Environmental Facilities and for other services by Georgia Environmental Facilities Authority and
to execute promissory note to Georgia Environmental Facilities Authority for Environmental Facilities Loan,
seconded by Ronnie Simmons, passed unanimously.

ALCOHOL ORDINANCE AMENDMENT. A. J. Welch explained that the City was sued on the issuance of
an alcohol license for Eagle’s Landing Bottle Shoppe location, area III. The City has spent a lot of time and
money defending that action and got to court and the lawsuit was dismissed. The owners of the property
have made a request that they be given additional time to build a building because they could not go forward
with the building while litigation was on going. The ordinance has been amended to say that anyone, who
received a license during January of this year, would have until December 1, 1999 to complete the
construction of the building. Any licenses issued after that period of time, they would have 270 days to build
a building. What we are trying to do is give everyone that has been issued a license plenty of time to get a
building built. If not, new licenses can be issued to new applicants.

W. A. Gardner made a motion to amend Alcohol Ordinance, seconded by G. W. Evans, passed unanimously.

Mayor Kelley told Council that he did not think it fair that applicant’s were required to pay a license fee of
$6,000 when their license was issued. The fee should not be paid until the are actually open for business.
The Alcohol Ordinance should be amended to read that the City would pro-rate what they have already paid
and apply the balance to the 2000 license fee.

Mr. Welch will review the Alcohol Ordinance to determine if this can be done. If so, he will bring an
amendment at the next meeting.

GEORGIA DEPARTMENT OF TRANSPORTATION PERMIT. Application and Permit for road cut to new
water tank site off North Henry Boulevard on Vulcan Materials Company property.

G. W. Evans made a motion to authorize Mayor Kelley to sign application for the City of Stockbridge,
seconded by Ronnie Simmons, passed unanimously.
LEROY CALDWELL, BIG OAK VILLAS requesting recreational facility for skateboards and bicycles. Mr.
Caldwell left the meeting early and was deleted from the Agenda.

FIRST NEWTON BANK RESOLUTION to designate First Newton Bank as one of the City’s depositories for
City of Stockbridge funds. All transactions require two signatures.

Ronnie Simmons made a motion to authorize proper official to sign resolution on behalf of the City of
Stockbridge, seconded by Harold Cochran, passed unanimously.

EAGLE’S LANDING BOTTLE SHOPPE, INC., EDDIE WALKER, VICE-PRESIDENT is requesting an
extension of time for construction of package store due to delays caused by litigation. They are requesting
an extension of time to the end of the year. This matter will be covered under the amendment to the Alcohol
Ordinance to be considered at the April 12, 1999 Council Meeting.

Ronnie Simmons made a motion to table, seconded by W. A. Gardner, passed unanimously.

GEORGIA MUNICIPAL ASSOCIATON – LIFE INSURANCE. The City provides active employees with
$10,000 of life insurance through the Georgia Municipal Association. When an employee retires, the life
insurance is terminated. GMA is now offering $10,000 of life insurance for retirees for $6.90 per month.

Ronnie Simmons made a motion to approve, seconded by G. W. Evans, passed unanimously.

BIDS FOR TRUCK. Ted Strickland read by bids for one (1) ton crew cab truck and chassis single rear wheel
for Public Works Department.

Southlake Ford $22,300
Low profile body 3,250
Total $25,525

Bellamy Strickland $22,605
Low profile body 3,225
Total $25,830

Ginn Motor Company $23,500 (demo-9,000 miles)
Low profile body
Total $23,500

Ronnie Simmons made a motion to accept bid from Bellamy Strickland, seconded by FletcherTurner, passed
unanimously.

ADA CORNWELL, HENRY FAMILY CONNECTION requesting Council appoint a member to serve on their
Board of Directors. Mrs. Cornwell was not present and was deleted from agenda.

HEARING: City of Stockbridge vs Nita Investments dba Texaco Food Mart, Package Dealer License
Revocation Hearing for selling alcohol to a minor. A. J. Welch informed Council that he had filed a notice to
the license holder last year concerning these violations. Nita Sardana filed a Writ of Certiorari to Superior
Court and when Mr. Welch arrived at Superior Court it was discovered that the notice that was sent to Nita
Sardana, legal staff had incited the recent code section numbers instead of the old code section numbers.
He takes responsibility for the error in the notice.

Nita Sardana was given new notice to appear at a hearing tonight. Kathy Johnson submitted documents for
the record.

Mayor Kelley asked if there were any objections to the documents being submitted as evidence. Let the
record reflect that Sardana has no objections to the documents.

Kathy Johnson read the charges into the record and ask the licensee how she pleas? Licensee is charged
with violation of Stockbridge ordinance verification of age, which reads, Section A “It shall be a violation of
this code for any agent, officer or employee of a licensee to fail to properly check the identification of any
patron, member or guest, when selling or otherwise providing any alcoholic beverage, which failure results
in an underage person being sold or served, or to have in his possession while on the licensee’s premises,
any alcoholic beverage.”
Section D. “Notwithstanding any criminal prosecution which may result from a violation of this section, any
licensee employing any officer, agent or employee that fails to comply with the provision of subsection A of
this section, which failure results in an underage person being sold or served, or to have in his possession
while on the licensee’s premises an alcoholic beverage, may have its license revoked.”

Nita Sardana admitted guilt. Mr. Sardana addressed the Council and stated that one of their employees did
make a mistake and sold alcohol to a minor. They personally have no intention of any wrongdoing and asked
for a delayed sentence.

Mayor Kelley responded that the license was originally suspended for 45 days from November 17, 1998 to
January 2, 1999. They were to remove all alcohol from the shelves. A fine of $2,500 was to be paid November
20, 1998. They did not sell alcohol for seven (7) days. Council is not obligated to use same punishment they
used previously.

Kathy Johnson pointed out that Nita Sardana posted a cash bond of $2,500. She has not paid the fine.
Council discussed penalty. They cannot sell alcohol for 38 days; the remainder of the 45 day penalty
originally set by the Council beginning April 1, through May 8, 1999. Fine was set at $2,500.

G. W. Evans made a motion to set the fine at $2,500 and Texaco Food Mart – Nita Investments will not be
allowed to sell alcohol for thirty-eight (38) days beginning April 1 through May 8, 1999, seconded by Ronnie
Simmons, passed unanimously.

RESURFACING CITY STREETS. Ted Strickland reported that the Local Assistant Road Program would
resurface two (2) streets in 1999, North Lee Street and Silent Avenue. Under the SPLOST program, nineteen
(19) streets will be resurfaced and money budgeted by the City will resurface ten (10) streets.

Mayor Kelley and Ted Strickland met with State Road Commissioner Wayne Shackelford regarding the traffic
light at the intersection of State Route 138 and Walter Way. The light will be installed within the next month.

The SPLOST program will connect Walter Way to Davidson Parkway and back to North Henry Boulevard.

Ronnie Simmons made the motion to adjourn, seconded by W. A. Gardner, passed unanimously. Meeting
adjourned at 8:55 P. M.
Respectfully submitted,

Merle Manders, CMC R. G. Kelley
City Clerk, Mayor
