---
date: 2003-04-14
title: April 14, 2003 Minutes
source: 2003-04/2003-04-14_April 14, 2003_Minutes.pdf
pages: 1
---

April 14, 2003

CITY OF STOCKBRIDGE MINUTES APRIL 14, 2003
HENRY COUNTY, GEORGIA

The Regular Meeting of the Stockbridge City Council was held April 14, 2003 at 6:00 P.M. MayorR.G.Kelley
presided and members present were Harold Cochran, Fred Evans, W.A.Gardner, Steve Moon and Fletcher
Turner.

Harold Cochran made a motion to convene; Fred Evans seconded, and passed unanimously.

Harold Cochran made a motion to approve the minutes of the March 10, 2003 City Council Meeting; Fred
Evans seconded, and passed unanimously.

Mayor Kelley welcomed guests.

Mayor Kelley explained that the City Council has had a vacancy on the City Council since the first of the year.
Mayor Kelley introduced Asa Steven Moon and recommended that he be appointed to complete the
unexpired term of Councilman Ronnie Simmons. W. A. Gardner made a motion to approve the appointment
of Mr. Moon; seconded by Fred Evans, and motion passed.

Steve Moon was sworn in by City Clerk.

PLANNING AND ZONING

CITY MANAGER RESOLUTION to authorize City Attorney to draft an ordinance to authorize Mayor and City
Manager to sign final subdivision plats.

W. A. Gardner made a motion to approve the resolution; Fletcher Turner seconded, and passed unanimously.

Annexation:
BILL AND MILLY MABROS requested annexation into the City of Stockbridge under the 60% Method of
Annexation of 2 (two) tracts of land located in Land Lot 56 of the 12th District on Mabros Parkway off State
Route 138 West. The two (2) tracts contain 3.9 acres of land zoned C-3 (Heavy Commercial)

STEELE LIMITED FAMILY PARTNERSHIP is being brought into the City of Stockbridge under the 60%
Method of Annexation. The property contains 1.3 acres and is located in Land Lots 6, 7, and 8 on Eagle’s
Walk and is zoned C-2 (General Commercial).

Andy Welch reminded the Council that they accepted the Application for Annexation of these properties and
the map shows where the properties are located. Bill and Milly Mabros applied for annexation and their
property located close to the Clayton County line. Under the 60% sixty percent method of annexation the
City will take in the Mabros property and under the 40% forty percent the City will take in the property of the
Steel Family Partnership Limited which is located on Eagle’s Walk. The Steele Family Partnership Limited
has been given adequate notice of this hearing. The Notice of Extension, the plan to extend services to these
properties has been posted. Newspaper notices have been provided for two consecutive weeks prior to this
meeting. They were also notified via mail. All that is necessary tonight is to make a determination that this
is in the best interest of the City to annex these properties and if that is the determination of the Council then
the ordinance has been prepared for adoption by the Council.

Fred Evans made a motion to annex; Harold Cochran seconded, and passed unanimously.
Mayor Kelley opened the Rezoning Hearing to discuss rezoning of the Mabros and Steele properties. There
was no discussion from anyone present.

Harold Cochran made a motion to leave the zoning for the Mabros property as C-3 (Heavy Commercial) and
the Steele property as C-2 (General Commercial); W. A. Gardner seconded, passed unanimously.

Rezoning:

KENNETH DOCKERY OF STOCKBRIDGE, GA requested rezoning from R-3 (Single-Family Residential)
and C-1 (Neighborhood Commercial) to C-2 (General Commercial) in Land Lot 62 of the 12th District for
property located on Rock Quarry Road. The property contains 3.24 acres and the request is for a retail
shopping center.
Henry County Planning and Zoning staff recommended approval of the request to rezone the property R-3
and C-1 to C-2 with the following conditions:

1. Building shall be constructed of brick, stone, stucco, glass or any combination thereof,
with an all brick front. Where feasible the building shall incorporate residential design
and features as recommended by the Planning Staff.

2. Signage not attached to any structure shall be monument based and shall have
consistent character and design details that reflect the overall architectural design of
the project.

3. An exterior lighting plan shall require that all lighting be of moderate brightness and
consist of downcast lighting.

4. Dumpsters shall be placed on a concrete pad and enclosed on thee (3) sides. The
enclosure shall be constructed of brick, stone, stucco or any combination thereof
provided it is consist with the primary structure, and shall be a minimum of eight (8’)
feet in height.

Loren Pierce said he agrees with all of the conditions with the exception of the monument based sign. Mr.
Pierce said he needs a twenty-five (25’) foot sign and plans to move the sign from his existing site to the new
site.

Andy Welch, Legal Intern with Smith Welch and Brittain, advised Council to remove that condition from the
motion.

Fred Evans made a motion to approve rezoning from R-3 to C-2 subject to removal of Condition 2, requiring
a monument based sign; Fletcher Turner seconded and passed unanimously.

Variances:
U.S. MEDIA, INC. OF ATLANTA, GA requested a variance for property located in Land Lot 6 of the 12th
District; located at 107 St. Ives Court. The property contains 2.95 acres and the request is to increase
billboard sign height and workable area. (Hans Broder) Tabled at the April meeting.

HANS BRODER OF STOCKBRIDGE, GA requested a variance for the property located in Land Lots 5, 6,
11 and 12 of the 6th and 12th districts, located on Flippen Road. The property contains 5.25 acres and the
request is to increase billboard sign height and workable area. Tabled at the April meeting.

HANS BRODER OF STOCKBRIDGE, GA requested a variance for the property located in Land Lots 5, 6,
11 and 12 of the 6th and 12th Districts, located on Flippen Road. The property contains 5.35 acres and the
request is to increase billboard sign height and workable area.

The Council decided to handle the Hans Broder requests as one request.

Andy Welch stated that Mayor Kelley instructed the City Attorney’s office to look into the applications for the
three variances listed above and check whether or not the Georgia Outdoor Advertising Act would have any
bearing on the Council’s decision. Their office did the research to determine if there are requirements that
will apply to the signs but there is nothing that the City Council can do in terms of overriding what the State
law requires. After discussions with A. J. Welch, City Attorney came to the conclusion that it’s possible for
the City Council to grant these motions if it chooses but recommends that it be based upon the following
condition:

To the extent there is a non-conforming sign on the premises which is lawfully erected and maintained. A
new billboard or on premises sign may be erected provided that the current non-conforming sign is removed
and that the new sign itself and the manner in which it is erected is in compliance with the City sign ordinance
except for section 8.12.14a which limits the area in which those signs can be located to the extend that it
limits the location of the new sign and the new sign itself and the manner in which it is erected is in compliance
with the Georgia Outdoor Advertising Act as amended. That would be the conditions placed on the granted
variance.

Mayor Kelley said that means they can rebuild the sign and put it higher. Andy Welch responded that our
ordinance allows the signs to be rebuilt to the point that its level with the interstate which is seventy (70’) feet
from that point up. The property dips down below the level of the interstate so they can add the additional
feet to the sign so long as it does not exceed seventy (70’) feet from the plane of the interstate.
Hans Broder stated that he may have to get a variance to go beyond the seventy (70’) feet otherwise the
signs will be right at the top of the tree line. Bill Stakemann stated that on the west side of I-75 there is three
(3) acres of trees. What they would like to do is from the bottom of the sign to be fifteen (15’) feet above the
existing trees, not cutting any trees. He guesses they will be between one hundred (100’) feet and one
hundred and twenty (120’) feet. He is not sure what the height will be and he has done this in other areas so
they want have to cut the trees. There request is to build fifteen (15’) feet above the trees, it has the right
zoning and meets the State of Georgia and Federal requirements. The Georgia and Federal law is five-
hundred (500’) feet between signs on an expressway and they no longer have any height controls.

Andy Welch started to ask a question but was interrupted by Mr. Stakemann who reiterated that he wanted
the bottom of the sign to be fifteen (15’) feet above the existing trees so the top of the sign will actually be
approximately thirty-two (32’) feet above the trees. The readable part of the sign will be 14’X48’ counting the
skirt and apron.

Andy Welch asked how tall are the trees. Mr. Stakemann responded that this property is also below the
grade and seventy (70’) feet will not come to the top of the trees. The trees are in the approximately one
hundred (100’) feet. Mr. Welch said if they would measure from the highway grade they can build seventy
(70’) feet from that point up. The ordinance is written so if you wanted to put the sign on the highway level,
you get seventy (70’) feet. Your pole may be one hundred thirty-five (135’) feet to get the sign above the
trees but that would mean it’s only seventy (70’) feet from the point of the interstate up. Mr. Stakemann
replied that it has not been surveyed but if the Council will let us be fifteen (15’) feet above the trees, they
want exceed that and it will solve their problem.

Mayor Kelley stated that what it sounds like to him is they are asking for one hundred (100’) feet rather than
the seventy (70’). Mr. Stakemann pointed out they he is referring from the base of the sign to the ground and
he would guess it is somewhere between fifteen (15’) and eighteen (18’) feet and they don’t feel seventy (70’)
will solve their problem on all three locations. Mayor Kelley said he does not think the Council can make a
decision just saying from the top of the trees because some trees are taller and changing.

Mr. Welch said a sign variance does not really allow the Council to grant a variance to vary the height of the
sign. Mr. Welch suggested they take the sign ordinance to see if they measure seventy (70’) feet from road
level height if it want take them fifteen (15’) feet above the trees and give them the visibility they want. Mr.
Stakemann said that’s all they want is visibility because every time he goes another foot it cost about $500.

Mr. Welch said if they had an exact measurement that would be helpful to the Council and it would be
worthwhile waiting.

Mayor Kelley thinks going seventy (70’) above street level will be sufficient.
Hans Broder said there is another issue they need to discuss. There are actually four signs on this site but
they are concerned with only three. There are two sign together next to Mr. Gleaton’s house and there is
another about five hundred (500’) closer to Flippen Road. Then we have the Snapper Industries sign and he
is not interested in that one. He is moving one sign to the other side of the road because you can’t put two
together. Mr. Broder asked if the signs have to be located where the old signs are located. Mr. Welch said
they will have to remove and get rid of the old signs and put the new ones where the old one were. Mr.
Broder stated that he would put up one (1) sign to replace the two (2) signs and one (1) to replace the single
sign and a new sign across the street. He will take down three signs and put up three new signs. Mr. Broder
asked how will the condition for height work. Mr. Welch responded that they have to put the sign up in
accordance with the ordinance but that will be up to the Council to decide which will give them the seventy
(70’) beyond the level of the highway.

Mayor Kelley instructed Mr. Broder to measure the height of the trees because the Council would like to stay
within the ordinance. Mr. Stakemann said they will get their surveyor to shoot the elevations. Mr. Stakemann
said that in Bremen, Georgia they went fifteen (15’) feet above the tree level and it worked well.

Mr. Welch pointed out that they have already gone before Henry County Planning and Zoning and anything
now is a matter of Council determination. The variance request is to the height and to that extend; there isn’t
any need for further discussion; the Council could table that portion of the variance request and decide on
the other issue. If they find they can’t put the sign up without the ten (10’) extra feet, then come back to the
Council because that issue will be tabled.

Henry County Planning and Zoning representative requested that the Council look into changing the
ordinance to get rid of the twelve hundred (1,200’) foot zone because obviously it’s going to open the door
for other signs. Mr. Welch responded that only where non-conforming signs are in place.

Fred Evans made a motion to table the request for variance on the sign height; seconded by Harold Cochran,
passed unanimously.

Fred Evans made a motion to approve the variance to the extend that is allows for signs to be seventy (70’)
feet above the road grade and to replace three signs; seconded by Harold Cochran, and passed unanimously.

The sign variance on height was tabled and if Mr. Broder and Mr. Stakemann find they need another ten (10’)
feet they can come back before the Council. If no additional feet are needed they can get their permits and
begin construction.
OLD BUSINESS

NEW BUSINESS

NORFOLK/SOUTHERN RAILWAY COMPANY Mayor Kelley advised that the Council needs to adopt a
Resolution to authorize City Manager to sign agreement to allow the City to bore under the railroad for a
sewer improvement.

Fred Evans made a motion to adopt resolution authorizing the City Manager to sign agreement; Harold
Cochran seconded, and passed unanimously.

ANIMAL CONTROL ORDINANCE to allow Henry County Animal Control to enforce regulations for the City
of Stockbridge. Ted Strickland, City Manager, advised Council that the City must adopt the Henry County
Animal Control Ordinance before Henry County Code Enforcement will be able to enforce the code in the
City.

Harold Cochran made a motion to adopt the Henry County Animal Control Ordinance; Fred Evans seconded,
passed unanimously.

DAY-CARE ORDINANCE Andy Welch advised the Council that this ordinance is in keeping with what Mr.
Strickland said. There is a need to better regulate the operation of day-care centers and family day-care
centers.

W. A. Gardner made a motion to approve; Fred Evans seconded, and passed unanimously.

SANITATION SERVICE ORDINANCE. Mayor Kelley stated that the City is having problems with people not
paying their sanitation service bill when they are not connected to City water or sewerage. The ordinance
will allow the City to provide for fi. fa. and levy for past due service similar to how fi. fa. is placed on property
when the advalorem taxes are not paid.
Andy Welch advised the ordinance will allow the City to put a lien against the property that is automatically
created.

Fred Evans made a motion to approve the ordinance; Harold Cochran seconded, and passed unanimously.

PARKING RESOLUTION . Ted Strickland advised the Council that this ordinance will provide regulations
for junked motor vehicles and allow Henry County Code Enforcement to enforce this ordinance within the
City.

W. A. Gardner made a motion to adopt the ordinance; Fletcher Turner seconded, and passed unanimously.

OUTFALL SEWER IMPROVEMENT. Mayor Kelley advised that Bill White with Stevenson & Palmer
Engineering has reviewed the bids for the outfall sewer improvements and recommends Municipal
Contracting Company, Inc. with a bid of $427,864.00 with a deduct for Ultra-Rib PVC in the amount of
$38,100.00 with a net bid of $386,589.00.

Mr. White advised the Council that this project is four thousand (4,000’) of twenty-four (24”) inch sewer to
replace the old fifteen (15”) inch pipe that put in thirty years ago and it will replace all of the fifteen (15”) inch
pipe up to Davis Drive. This will tear up the parks this summer with a forty (40’) foot wide construction area.
He recommends approval and they will begin construction within thirty (30) days.

Fred Evans made a motion to approve the bid from Municipal Contracting Company, Inc. in the amount of
$386.589.00; W. A. Gardner seconded, and passed unanimously.

STOCKBRIDGE HIGH SCHOOL SCHOLARSHIP. Mayor Kelley reminded the Council that the City Council
appropriates funds in the amount of $1,500 for an annual scholarship for deserving students and
recommends the Council continue the scholarship program.

Fred Evans made a motion to approve; Harold Cochran seconded, and passed unanimously.

Fred Evans made a motion to convene; Fletcher Turner seconded, and passed unanimously. The meeting
adjourned at 6:45 P. M.
Respectfully submitted,

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