---
date: 2002-03-11
title: March 11, 2002 Minutes
source: 2002-03/2002-03-11_March 11, 2002_Minutes.pdf
pages: 1
---

March 11, 2002

CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA MARCH 11, 2002

The Regular Meeting of the Stockbridge City Council was held March 11, 2002 at 6:00 P. M.
MayorR.G.Kelley presided and member present were Harold Cochran, Fred Evans, W. A. Gardner, Fletcher
Turner and Ronnie Simmons.

Harold Cochran made a motion to approve minutes of February 11, 2002 Council Meetings; Fred Evans
seconded, and passed unanimously.

Mayor Kelley welcomed guests.

George Maddox, State Representative 72nd District. Under the proposed redistricting, Mr. Maddox would
represent portions of Henry County. Mr. Maddox introduced himself to the Mayor and City council and
advised that under the proposed redistricting Stockbridge will be in his district.

Mayor Kelley introduced Adam Norris, Boy Scout Troop 65, who is working on his Communication Merit
Badge. He was presented with a package of Stockbridge memorabilia from the City Council.

Nan Lee, Henry County Chamber of Commerce, thanked the Council for their support of the Henry County
Chamber. She presented packets to the Council with an updated program of work for the Chamber. On
page 15, the Chamber now has fifteen active committees that have chairpersons. Linda Shank, Director of
Membership, introduced the new Chamber Edit, a web portal to be made available to all Chamber members
upon request.

PLANNING AND ZONING

Variance:

DAVIS DEVELOPMENT, INC. of Stockbridge, Georgia requests rezoning form M-1 (Light Industrial) to RM
(Multi Family) for property located in Land Lots 29 and 30 of the 12th District, Located on Rock Quarry Road.
The property contains 28.10 acres and the request is for a revised density calculation, and for a reduction in
the requirements for parking and amenity area.

Rezoning:

DAVIS DEVELOPMENT, INC., of Stockbridge, Georgia requested rezoning from M-1 (Light Industrial to RM
(Multi-Family) for property located in Land Lots 29 and 30 of the 12th District, located on Rock Quarry Road.
The property contains 28.10 acres and the request if for a luxury apartment home community.

Planning Commission approved this request in January and it has been tabled by the Council a few times.
Mr. Gad Woodall represented Davis Development. Mr. Woodall stated he wanted to go over the site data.
Exhibits of the site were given to the Council. The original plan showed 240 units and they have brought it
down to 200 units per acre. They prepared three (3) site plans according to the City ordinance. One of the
site plans shows 68 units and the other shows 136 units and the third shows 200 units. They are asking the
Council to consider the three sites based on the merits of the project.

The plan will have extensive landscaping and buffers. Fifty (50) percent brick, stone or stucco and hardy-
board, earthen roadway berm, gated entry, 3,700 square foot club house, junior olympic size pool, ½ court
basketball court, and 2,400 mulch walking/jogging trail.

Robert Harvel, Site Engineer with Lancaster and Associates said this is a refinement of the plans previously
presented to the Council. At 200 units, on 28.19 total acres provides for a gross density of 7.09 units per
acre. They are also asking for a variance to reduce the parking to a 2.0 parking ration which is an improved
application which will provide the parking needs for the community and minimizing the amount of paving.
They have agreed to all the conditions and recommendations of the planning staff.

In terms of the community amenities they are asking for the Council’s consideration to have one large multi-
purpose field for soccer, baseball, softball and football. This would minimize the amount of clearing within
the property.

Councilman Simmons asked who will manage this complex. Mr. Woodall responded that they develop,
construct and manage their own apartment communities.

A. J. Welch advised the Council that the Davis Development does not meet the requirements of the
ordinance. In order for them to meet the requirements of the ordinance, they will have to provide a plan
showing four (4) units per acre, how it’s divided and then they can only increase density to eight (8) provided
they follow the requirements of the ordinance and this plan does not meet the requirement based on what
was just said. Until the legal staff can examine documents he recommends it be tabled again. Mr. Welch
stated that at the last meeting Davis Development was told that anything they wanted to file on this matter
should be presented to legal staff so the calculations could be made in plenty of time to be reviewed and
verified.

Mr. Welch said they also asked Planning and Zoning to give verification on this matter at the last meeting
and they assured it would be done by Friday, February 15th and it’s yet to be done. Mr. Welch stated that
he does no know what to tell the Mayor and Council other than it doesn’t meet the requirements.

Fredrick Gardiner, Henry County Planner, stated that the plans with various ratios were submitted to Planning
and Zoning for the Killearn portion and they came up with the required numbers and the same thing was
done on the Davis development. Planning and Zoning got everything straightened out last week. They
reviewed the plans and re-wrote their report. If the Council would look at the variance, in the variance
application is different from the one submitted earlier. They laid out a chart based on the plans that were
submitted to Planning and Zoning. This report was faxed to Smith, Welch and Brittain and a copy of the
report was brought to the City.

Mr. Welch said he saw a copy of the report last Friday afternoon. The report was sent to Bruce Vail but it
had no documentation to go along with it. Along with the documentation, you read need to see the plans and
the plans were just brought to the meeting tonight. Nobody wants to holdup the developers and he has tried
and tried to get this thing resolved.

Mayor Kelley suggested that if every thing is in order, he recommends the Council approve the development
subject to review by the City Attorney. This development is supposed to be like the Killearn development
and that’s what the Council agreed to. Mr. Welch responded that this development is not like the Killearn
development. The Council voted to withhold any permits on Killearn until they got a report back to the City
saying that it was in compliance and they were to provide the documentation showing that and promised to
have everything filed by March 15th and it has not been produced and a report has not been filed with the
legal staff. Mr. Welch stated that he has called Planning and Zoning nine (9) times over this matter and they
have yet to receive a report from Planning and Zoning.

Mr. Welch advised the Council that if they want to pass a zoning ordinance that authorizes the zoning to be
done strictly according to what you approved on Killearn, then once that documentation has been provided
and reduced to a Development Agreement and signed by Davis Development and signed by the Mayor and
Council that would be fine. But to approve a zoning without a Development Agreement, the Council is asking
for tremendous legal problems on this matter.
Councilman Simmons asked if the density is 17.19 Upland X 10 would be 171 units which is a gross density
of 7.09 units per acre. Is this how the ordinance reads to arrive at this density? A. J. Welch responded that
the ordinance reads that you are to prepare a plan showing four (4) units per acre and that is a complete
plan. Then they can build on top of those four (4) units four (4) more units to get eight (8) units but the
apartments cannot spread out, they go straight up. If you go up on Killearn, they agreed to do a gated
community, brick and stone except a certain percentage, amenity areas, buffer areas that were all spelled
out. Whether these plans meet the same criteria as Killearn he has no idea because he has not seen the
plans and evaluated them on that basis. The units must go straight up, they cannot go out and that was the
issue that was discussed last meeting because they were spreading the units out and they represented to
him in the hall that this was the same as Killearn and that was what reciprocated from holding up on all
permits on Killearn, because if that’s the case, the plan has been improperly approved by Planning and
Zoning.

Mr. Harvel said that after the last meeting they have talked extensively with the City Attorney and based on
their understanding of his requirements, the three plans that they have development and presented to the
Planning and Commission is a plan with four (4) units per acre. They calculated the impervious surface in
the buildings and they presented a plan with 8.0 densities per acre. The foot print of the buildings is exactly
the same as the 4.0 plan, there is no deviation on the square footage of the building or the type of buildings,
it’s exactly the same, and they simply added another story on the buildings. The third plan of the two hundred
units, once again the exact building foot prints, they simply added a half of story on a couple of the buildings
so they are at two and one half stories in the center of the building and two stories on the ends. The building
foot print is consistent to all three plans. The amount of impervious surface in the building is consistent to all
three plans and the county planning staff can confirm that that is the case. They really did try to comply with
their understanding of the objectives set for them.

Councilman Simmons asked if Mr. Harvel said 200 units per acre because if he understood him correctly he
said 171 units per acre. Mr. Harvel said the 171 is 8.0 units per net acre. Mr. Welch responded that its 8.0
units per net acre multiplied 8X17 that will give you the correct number. If they agree to put in the same type
of structures, carports and everything the Council agrees to on Killearn which was an upgrade on the facilities,
then it went to ten (10) units on the same foot print. If they are now saying that is what they are offering to
do, then the Council can approve the zoning conditions upon everything being reduced to writing, accurate
plans being provided and they must also agree to annex their property into the City.

Councilman Simmons asked if they have a problem with what Mr. Welch just said and would it be the 171
units described in the evaluation report? Mr. Woodall stated that their plan is based on what was actually
approved for Killearn. They were asking for some additional considerations on this project because of the
challenges that they face in the development to get the 200 units total. The want the 171 but the best case
scenario they are asking the Council to approve 200 units.
Mayor Kelley recommended the Council approve subject to legal staff getting the required documents for
review and everything is in order.

Councilman Simmons made a motion to approve the 171 units subject to it being the same conditions as
Killearn Properties and they meet all the requirements including annexation of certain property; Fred Evans
seconded, and passed unanimously.

Mr. Welch told Mr. Harvel that he must submit the documentation that he asked for a month ago for review
and he will put the documents together.

Mr. Welch stated that he wishes for the Mayor and Council to give Planning and Zoning a directive tonight
that is unconditional that they give a written report to his office no later than 12:00 noon tomorrow, specifying
specifically that they have reviewed the plan dealing with the 171 units and they have compared it to the
ordinance and it does meet all of its requirements. He cannot draw an agreement without Planning and
Zoning certifying this has been done.

Mr. Welch also ask for a directive for Planning and Zoning to deliver by 12:00 noon a written report on Killearn
where the Council can give directions regarding that particular zoning. Mayor Kelley pointed out that Killearn
is being held up because of this matter. Mr. Welch said he would like to have a statement as to whether or
not they are going to provide this information by 12:00 noon tomorrow. Fredrick Gardner responded that he
would have it ready by the specified time.

Mr. Welch stated that he would also like to get a report on the Summit at I-675. Planning and Zoning was
suppose to do a review on the Summit and he would like to get a letter concerning that matter by 12:00 noon.

Fredrick Gardiner asked if plans for Killearn are the same plans that were issued, is there any difference
between Killearn’s plans and Planning and Zoning plans. Mr. Welch said he will have to have the original
Killearn plans for the Planning and Zoning report. He wants to see the plans so he can make sure Mr.
Gardiner is certifying to certain plans.

Councilman Simmons made a motion to approve the rezoning as requested based on the 171 units and
meeting the Killearn requirements and the annexation; W. A. Gardner seconded, and passed unanimously.

Councilman Simmons made a motion to approve the variance as requested; W. A. Gardner seconded and
passed unanimously.
ANNEXATIONS:

DAMIAN AND ANITA HENDERSON, 716 DAVIS ROAD requested rezoning from R-3 (Single Family
Residential) unincorporated Henry County to R-3 (Single Family Residential) within the City of Stockbridge.
The property is located at 716 Davis Road in Land Lot 71 of the 12th District. The request is for annexation
into the City of Stockbridge.

Fred Evans made a motion to approve rezoning; Fletcher Turner seconded, and passed unanimously.

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

EDDIE LEE AND CAROLYN J. HAYES, 106 CLIFFORD COURT requested rezoning from R-3 (Single
Family Residential) unincorporated Henry County to R-3 (Single Family Residential) within the City of
Stockbridge. The property is located at 106 Clifford Court in Land Lot 71 of the 12th District. The request is
for annexation into the City of Stockbridge.

Ronnie Simmons made a motion to approve rezoning; Fletcher Turner seconded, and passed unanimously.

Ronnie Simmons made a motion to approve annexation; Fred Evans seconded, and passed unanimously.

CLYDE S. AND FRIEDA H. POLK, 516 COUNTRY CLUB DRIVE requested rezoning from R-3 (Single
Family Residential) unincorporated Henry County to R-3 (Single Family Residential) within the City of
Stockbridge. The property is located at 516 Country Club Drive in Land Lot 3 of the 6th District. The request
is for annexation into the City of Stockbridge.

Ronnie Simmons made a motion to approve rezoning; Fletcher Turner seconded, and passed unanimously.

Ronnie Simmons made a motion to approve annexation; Fletcher Turner seconded, and passed
unanimously.
DAN SUMNER AND BRIAN LUCAS, S & S INVESTMENT PROPERTIES, LLC, 20 WILSON ROAD
requested rezoning from C-2 (General Commercial) unincorporated Henry County to C-2 (General
Commercial) within the City of Stockbridge. The property is located in Land Lot 31 of the 7th District. The
request is for annexation into the City of Stockbridge.

Ronnie Simmons made a motion to approve rezoning; Fred Evans seconded; and passed unanimously.

Ronnie Simmons made a motion to approve annexation; Fletcher Turner seconded, and passed
unanimously.

OLD BUSINESS

YMCA – BOB GRIFFIN AND JEFF ALVY – Mayor Kelley reminded the Council that Mr. Griffin and Mr. Alvy
came before the Council at the last meeting to discuss the YMCA and they were advised that the Council
would check into the matter and get back with them. Ted Strickland said he checked with the other cities
and they have not had a request at this time and Henry County said they have given $2,500 on two occasions
for services provided by the YMCA.

Ronnie Simmons made a motion that the City appropriate $1,000 for contract of services to be provided by
the YMCA for residents of the City; Harold Cochran seconded, and passed unanimously.

NEW BUSINESS

DOROTHY AND TERRELL CHAPMAN, JAKETTA FRANKS, requesting something be done about the unfit
home at 119 Tye Street. Bruce Vail informed the Council that any time the City or City designee which is the
Henry County Code Enforcement receives a complaint concerning a building that is unfit for human
habitation; it has to go before certain procedures. Procedurally, the Council previously adopted the Henry
County ordinance designed to permit the abatement of unsafe buildings. There is a check list in either in the
County Ordinance or State Law that the Council must follow in order to abate the condition. Ultimately the
Council ends up expending its police power to go ahead and compel someone to either demolish a home or
go ahead and expend money for repairs. This is a serious matter and there are certain steps that you must
follow.

The Council must have an investigation by the County Code Enforcement confirming that this property is in
fact unfit for human habitation or is dangerous or otherwise meets the statute; you must have an investigation
by the Building Department to confirm what code sections are not being followed. A formal complaint must
be issued and have that served upon the property owner.

Legal staff has met with the County Code Enforcement and other departments and have gone over the
procedures and they are going through the initial steps. At some point and time it will come before the Council
for review and possible adoption of an ordinance to approve abatement or an order compelling abatement of
the property. In the meantime, we are complying with the County ordinance and will not go into specific
details of any particular case but Mrs. Chapman and any one concerned should realize that if they do file a
complaint with the department at the County level it will be investigated and we will follow the procedures.

Mayor Kelley noted that no Council action is required at this time.

STANTEC CONSULTING SERVICES, INC., WASTEWATER TREATMENT PLANT – AEROBIC DIGEST
IMPROVEMENTS. Ted Strickland advised the Council that A. J. Welch has reviewed the contract with
Stantec Consulting Services, Inc. to provide bidding process, construction administration and review services
to install a new digester at the wastewater treatment plant. In addition to the contract for improvements of
the digester Stantec advises there is a need for a large grinder to replace the smaller grinder currently in use.
Mayor Kelley told Council that the grinder is needed in order to be able to spray sludge by land application.
The cost is approximately $57,875.

Ronnie Simmons made a motion to approve contract with Stantec Consulting Services, Inc. and to purchase
grinder; Fred Evans seconded, and approved unanimously.

STEVENSON & PALMER ENGINEERING, INC., WASTEWATER TREATMENT PLANT OUTFALL
SEWER – Discussion regarding the Letter of Agreement with Stevenson and Palmer Engineering, Inc. to
provide design, prepare easements, bidding process, construction administration and review for outfall sewer
at the plant. Ted Strickland reported that this project involves a 3,500 foot sewerage line between Club Drive
and the treatment plant. It’s a fifteen (15) inch main that all of the sewerage interceptors dump. It has
reached capacity eighty (80) percent capacity. We have new pumps coming on line and the new 265 units of
home on Valley Hill and other units that have been built in this area. Bill White with Stevenson & Palmer
recommends installation of an additional fifteen (15) inch solid pipe all the way through. It will cost $30,300
to go ahead and start the engineering in order to put this in the budget for 2003. The total project is estimated
to be somewhere around $270,000. These improvements are needed when these projects come on line
because we cannot handle the flow of sewerage in that particular area.
A. J. Welch recommends approval of the project but the City needs an engineering contract from Stevenson
& Palmer. The information they have provided is only estimates and is not a contract on what they are
actually going to do. If they will submit an engineering contract for review and in the meantime, he
recommends approval of the estimated amount of the cost so it can be inserted into the contract and authorize
the Mayor to sign the contract.

Ronnie Simmons made a motion to approve; Fred Evans seconded, and passed unanimously.

STOCKBRIDGE LCI IMPLEMENTATION PROJECTS – Ted Strickland explained that under the LCI
Implementation Project the City is applying for federal matching funds in the amount of $1,400,000. In order
to get the project started, the City will have to spend $311,000 and with the total amount of the project
$1,451,000. The project would involve streetscape for both sides of North and South Lee Streets and from
the bridge to the City Hall area. It also includes the fifteen (15) acres park on Tye Street designed for walking
and riding path for wheels. Also, possibly the side walk on Old Atlanta Road on one side of the street.

Mr. Strickland recommends Council approval to authorize Mayor Kelley to sign the Proposal of Services for
Jack Burnside, Consultant, to transmit to the Federal and State under the TIP plan. Once we get this moving
ahead we can move ahead to the next project. We are working on securing right-of-way for the current LCI
project and then bid it out and possibly have that project started very shortly.

Ronnie Simmons made a motion to approve and authorize Mayor Kelley to sign the Proposal of Services;
Fletcher Turner seconded, and passed unanimously.

PRIME SITES LLC, KEVIN WEINZ – Bruce Vail, City Attorney advised the Council that the City has received
an anti-litem notice from Mr. Weinz and he asked that he be allowed to present some information and
communicate with the Council at this meeting. He and A. J. Welch have looked at what he was hoping to
discuss and they realized they needed some documents and be afforded an opportunity to review those
documents before he comes before the Council. Mr. Weinz has been asked to provide legal staff with copies
of those documents. In doing so it is recommended that he be put on the upcoming agenda. In the meantime,
Mr. Weinz has asked to have his anti-litem notice be received of record and Mr. Vail told Mr. Weinz that the
Council would be willing to do so, and this will simply be noted on the record. That’s all that is required at
this time.

HOME OCCUPATIONS
MARC BROWN, 324 Royal Crescent Way, requested a license to operate a Property Management business.
He will operate an office in his home for property management of buildings in Atlanta. He understands there
will be no signs and no customers on site.

Fred Evans made a motion to approve; Ronnie Simmons seconded, and passed unanimously.

JOHN T. PACE, 418 Homeplace Drive, requested a license to operate a lawn maintenance, janitorial and
general house cleaning business. Mayor Kelley informed Mr. Pace that he could not store any of the
equipment outside or chemicals on his property.

Fletcher Turner made a motion to approve; Ronnie Simmons seconded, and passed unanimously.

TRUMPET’S CALL, KEITH BARNES, COBBLESTONE APARTMENTS 5220 North Henry Boulevard,
requested a license to sell ads and publications as a home occupation business. Mr. Barnes advised the
Council that he will have an office in his home and no clients coming to his home or signs posted.

Ronnie Simmons made a motion to approve; Fred Evans seconded, and passed unanimously.

GWEN DOZIER, 564 Ransom Way, requested a license to operate a cleaning service business. Mayor
Kelley pointed out that she could not have signs or any outside storage of equipment.

Fred Evans made a motion to approve; Ronnie Simmons seconded, and passed unanimously.

YOLANDA JOHNSON, 103 Windsong Drive, requested a license to operate a property management
business. Mayor Kelley pointed out that signs were not allowed or clients coming to the house. The license
is approved for an office only.

Fred Evans made a motion to approve; Ronnie Simmons seconded, and passed unanimously.

RAYMOND OAKES, 660 Aspen Brook Drive, the Summit Subdivision, requested a license to operate a
graphics design service. Mr. Oakes advised that all his work is done on computer and he goes to client’s
location for meetings.
Fred Evans made a motion to approve; Ronnie Simmons seconded, and passed unanimously.

DOUGLAS HEYL, SCOUT COMMUNICATIONS, LLC, 357 Vista Creek Drive, requested a license to operate
a political consultant business. Mr. Heyl was not present.

Mayor Kelley recommended authorizing Clerk to issue license if Mr. Heyl comes in City Hall and has
everything in order.

Ronnie Simmons made a motion to approve; Fletcher Turner seconded, and passed unanimously.

AMY HOPKINS, BABY’S BED, 137 Turning Point, requested a license to operate an e-commerce business.
Ms. Hopkins explained that she would be making infant toddler baby bed sets and selling them over the
internet. She will purchase fabric and it will be sent ups to her house. No clients will come to her home and
no signs will be posted.

Ronnie Simmons made a motion to approve; Fletcher Turner seconded, and passed unanimously.

LUZ MERCEDES TEJEDA, HANDICARE HOMEHEALTH CARE, 404 Gresham Drive, requested a license
to operate a home office for billing payroll for home health care. Ms. Tejeda explained that she will only
operate an office from his home using the telephone and computer. No clients will come to her home and no
signs will be posted.

Fred Evans made a motion to approve; Fletcher Turner seconded, and passed unanimously.

ANTOINETTE RICE, 603 East Wood Village Drive, requested a license to operate a cleaning business.
Ms. Rice will go to client’s home to clean. No clients will come to her home and she will not post any signs.
No outside storage of equipment.

Ronnie Simmons made a motion to approve; Fletcher Turner seconded, and passed unanimously.
HOME OCCUPATIONS - Councilman Simmons pointed out that he feels the Council has this matter under
control as to what information is needed. He request that the City Clerk and City Manager review the
applications for home occupations. A. J. Welch advised that the Council would need to adopt and ordinance
to allow the City Clerk or Deputy Clerk to review the applications and issue the license if they meet the
requirements of the Home Occupation Ordinance. The licensee’s will have to reapply each year.

If for any reason there is a question or problem with the application, then it will go before Council for review.

Ronnie Simmons made a motion to amend the existing Home Occupation Ordinance; Fletcher Turner
seconded, and passed unanimously.

EXECUTIVE SESSION

Harold Cochran made a motion to go into executive session to discuss a personnel matter and potential
litigation; Fred Evans seconded, and passed unanimously.

RECONVENE REGULAR SESSION

Harold Cochran made a motion to reconvene from the Executive Session to Regular Session; Fred Evans
seconded, and passed unanimously.

Ronnie Simmons made a motion to reinstate employment status for Offie Barnes; seconded by Fred Evans,
and passed unanimously.

TRELLIS STRICKLAND, 143 Windsong Drive, Construction Management Services, LLC. Bruce Vail
reported that several months ago Ms. Strickland was seeking a home occupation license and legal staff was
asked to see if she satisfied the criteria in the ordinance. She does satisfy the criteria in the ordinance but
there may be some issues she will have to face with respect to her own home owners association. It is the
legal staff’s recommendation that the home occupation be granted subject to the standard conditions if the
Council wishes to do so.

Ronnie Simmons made a motion to approve; Fletcher Turner seconded, and passed unanimously.
Ronnie Simmons made a motion to adjourn; seconded by Fletcher Turner, and passed unanimously. Meeting
adjourned at 7:30 P.M.

Respectfully submitted,

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