---
date: 1999-01-10
title: January 10, 1999 Minutes
source: 1999-01/1999-01-10_January 10, 1999_Minutes.pdf
pages: 1
---

January 10, 2000

CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA JANUARY 10, 2000

The Regular Meeting of the Stockbridge City Council was held January 10, 2000 at 6:00 P. M. Mayor R.
G. Kelley presided and members present were Harold Cochran, Fred Evans, W. A. Gardner
RonnieSimmons and Fletcher Turner.

Fred Evans, Ronnie Simmons and Fletcher Turner were sworn-in to each serve a four-year term of office as
City Councilmen.

Harold Cochran made a motion to approve the minutes of the December 14, 1999 Council Meeting; Fletcher
Turner seconded, passed unanimously.

Mayor Kelley welcomed guests. Special recognition was given to Stockbridge Boy Scout Troop 65, Richard
MacCombie, Scoutmaster. The Scouts are working on Communication Merit Badges and one of the
requirements is they must attend a City of Stockbridge Council Meeting.

Mayor Kelley to appointed the Councilmen to serve on the Mayor’s Committees for 2000.

The City Council made the following personnel appointments for 2000.

A. J. Welch, City Attorney, Harold Cochran motion; Ronnie Simmons seconded passed unanimously.

Ernest Blount, Judge, Fred Evans motion; W. A. Gardner seconded passed unanimously.

Donald Patten, Solicitor, Fletcher Turner motion; Ronnie Simmons seconded passed unanimously.

Jim Chaffin, Alternate Judge, Ronnie Simmons motion; Fletcher Turner seconded passed unanimously.

Merle Manders, City Clerk, Fletcher Turner motion; W. A. Gardner seconded passed unanimously.
Nancy Brown, Deputy Clerk, W. A. Gardner motion; Ronnie Simmons seconded passed unanimously.

Ted Strickland, City Manager, W. A. Gardner motion; Ronnie Simmons seconded, passed unanimously.

PLANNING AND ZONING

SHORT TERM WORK PROGRAM. Ray Pacheco, Henry County Planner, requested that the Short Term
Work Program of the Comprehensive Development Plan be postponed because he does not have it ready
to present.

WETLAND PROTECTION STANDARDS AND GROUNDWATER RECHARGE PROTECTION
STANDARDS ORDINANCES. Ray Pacheco, Henry County Planner advised that these ordinances were
presented to the Council at the November Council Meeting and no changes have been made since that
time. They are standard ordinances provided by the State of Georgia. Mr. Pacheco advised that the
ordinance has been properly advertised in the Henry Herald, therefore is ready for adoption.

W. A. Gardner made a motion to adopt ordinances as presented, Fletcher Turner seconded, passed
unanimously.

BILLIE OGILVIE, STOCKBRIDGE, GEORGIA requested variances for property located in Land Lot 31 of
the 7th District, located at the intersection of Inverness Avenue and Highway 42 North. The property contains
approximately 2.5 acres, zoned C-1 (neighborhood commercial), and the request is for a front yard buffer
reduction and a reduction in the overall parking requirements. The Council tabled this request at the
December 13, 1999 Council Meeting.

The Council tabled this request at the December 13, 1999 Council Meeting. Mayor Kelley said the Council
had questions regarding this matter that were not answered to the Council’s satisfaction. The Council had
approved the original C-1 zoning classification and the developer is requesting a decrease in the front yard
buffer.

Billie Ogilvie is asking for a front buffer reduction because his building is sixty- (60) feet deep and he needs
to pull the building ten- (10) feet toward Highway 42 and maintain the buffer needed in the rear. If this request
presents a problem, he can reduce the building to a fifty- (50) building, which would not require a variance.
It would be more beneficial and usable to make the building sixty- (60) feet deep.

Mr. Welch stated that the Development Agreement requires a forty- (40) foot buffer between the commercial
and residentially zoned property. Unless the buffer area was replaced with a landscape berm at least ten-
(10) feet high or leave a forty- (40) foot undisturbed buffer area or natural vegetation area. He would be in
compliance with either a forty- (40) buffer or a ten- (10) foot berm.

There is a twenty-five- (25) foot buffer in front that runs parallel to Highway 42. The Council has the right to
grant variances if they wish.

Ronnie Simmons pointed out that the object was to get as large a buffer or berm to the rear of the building
for the protection of the people living in the subdivision behind this building. Three things that will have to be
addressed are: 1) Buffer as required by code; 2) Defused lighting; and 3) Controlled noise level, no deliveries
between 11:00 PM and 6:00 AM. The Council wants these types of commercial developments but residents
of the subdivision must be given consideration. Councilman Simmons suggested to Mr. Ogilvie that he should
go back to the original plan and leave it as is, particularly on the rear buffer. Mr. Ogilvie said that is why he
wants the ten- (10) front variance so he could pull the building towards Highway 42 and leave the rear buffer
alone.

Mayor Kelley asked Mr. Ogilvie if he was changing his original request from a rear variance to a front variance.
Mr. Ogilvie said he is requesting a front variance to reduce the front buffer from twenty-five- (25) feet to
fifteen- (15) feet reducing the required number of parking spaces. The Henry County code requires four plus
one handicapped parking spaces for every one thousand square feet and the most parking spaces he can
get will be 93. He would be short twelve parking spaces.

David Black stated that obviously Mr. Ogilvie wants a bigger building on this property. He wants to move
the building ten- (10) feet closer to the road and reduce the buffer. He is not unhappy with a retail building
but he is very much against any variance being issued by the City for a larger commercial building and gas
station right in front of his subdivision. The entrance to the gas station will bring traffic right into the entrance
of his subdivision in front of a $250,000 model home. C-2 zoning should have some restrictions for this
type of commercial development. Mr. Black pointed out that no variances should be granted that they
should build according to the regulations.

Mr. Welch stated that plans for commercial buildings have to be approved by the City and County and by
doing this require a more residential appearance. The code gives the Council the option to require the plans
being submitted before the Council decides whether to grant the variance. The appearance may take care
of the problem. If it does not, the Council can deny variance.

Councilman Simmons advised Mr. Ogilvie to come up with a plan with lighting, type of buffer and type of
construction.

Mr. Ogilvie informed Council that he plans to construct a metal building covered with brick much like the
Eagle’s Landing Baptist Church. You want be able to tell it’s a metal building. The façade will be high enough
so you want see the roof. There will be a covered walk in front of the buildings with brick columns every
twenty- (20) feet. The plans are being designed.

Mayor Kelley suggested the Council table this matter until the plans are complete and reviewed by the
Council.

Ronnie Simmons made a motion to table until revised plans are submitted to the Council for review, Fletcher
Turner seconded, passed unanimously.

EAGLES LANDING BAPTIST CHURCH MISSIONARY HOUSES. A. J. Welch advised Council that he had
reviewed the Killearn Subdivision Ordinance and found no reason to prohibit the construction of two houses
on Church property to be used for missionaries in transit. No action needed by Council.

OLD BUSINESS

BILL AND KATHLEEN CROSSON ALCOHOL LICENSE. At the December 14, 1999 Council meeting Bill
and Kathleen Crosson requested an extension of time to complete negotiations for the construction of a
package store in Area 1. Bill Crosson notified City Hall that they would not attend this meeting because they
were unable to provide financial backing for this project.

Gary Howell was present as the fourth person in line for the alcohol license in Area 1. Mr. Howell was
instructed to complete a new application, updating his personal, financial information and background check.
This information will be reviewed and discussed at the February 14 Council Meeting.

Ronnie Simmons made motion to terminate alcohol license issued to Kathleen Crosson and Petersen
because they did not comply with the Ordinance and the extension of time granted; Fletcher Turner
seconded, passed unanimously.

SEAN J. MURPHY, SJMURPHY & ASSOCIATES, Landscape Plan for Municipal Park adjacent to City Hall.
The cost of landscape design is $3,000. On site inspection of plants being installed is $40.00 per hour for
approximately three days.

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

LINCOLN PROPERTIES/AUTONATIONS. Julian Brown, Mark Palmer and A. J. Welch have come up with
an Agreement between Lincoln Properties/AutoNations and Triple Horseshoe, LLC for permanent sewer
facility construction, water line to serve the facility and road access to be constructed and dedicated to the
City. Security, letter of credit, will be in place with the City to make sure all of these projects are completed.
The agreement is complete with the exception of the attachments which are the plans for Phase I construction
and Phase II construction to be attached to the agreement. The schedule for completion of the prospective
projects and the dedication of the rights-of-ways of the roads and easements that are necessary for the City
to provide for the water, sewer and roads facilities.

Mark Palmer wants the Council to sign the agreement today but Mr. Welch told him he was reluctant in
recommending the City sign. Mr. Welch recommended the Mayor and City Clerk sign the agreement subject
to the completion of the documentation and signed by the other parties and brought back to the Council for
final review. The letter of credit which is the security the City is getting will be based on the anticipated cost
of these projects doubled and the letter of credit will last for a period of twelve-(12) months. If the project is
not completed within twelve-(12) months the money can be drawn down and complete the project. They will
be issued a temporary occupancy permit and they understand it will terminate if the project is not completed.

Ronnie Simmons made a motion to authorize Mayor Kelley and City Clerk to sign agreement subject to the
completion of the documentation; Fletcher Turner seconded, passed unanimously.

AMEND CITY CHARTER. A. J. Welch has prepared an Ordinance amending the City Charter to swear-in
elected officials on January 1, if so desired. In 1975, the Georgia Municipal Association recommended cities
adopt a statewide City Charter. In 1991 the City adopted a new charter and 1992 the State Legislature
adopted the Municipal Election Code which changed elected officials terms from two-(2) year term to four-
(4) year terms unless you pass a resolution keeping your old method of election in place. From the time of
the normal election date in November. The city elected to go with the State Law which puts the Council on
four-(4) year staggered terms. This will not change anyone’s term but when the legislature rescinded the
Georgia Municipal Election Code it appears we are not following what we are suppose to do. The amendment
is amending the Charter to make sure we are complying with what we have been doing under the old election
code. January 1 will be the first day anyone can take office and the City can continue to swear in elected
officials at the first Council Meeting in January following an election year.

Ronnie Simmons made a motion to approve amending the City Charter; Fletcher Turner seconded, passed
unanimously.
PARKING ORDINANCE. A. J. Welch presented a draft of a Parking Ordinance. The City cannot design
an ordinance to block public streets because of the safety issue. The ordinance says there will be no
parking on public streets unless designated by ordinance or by a permit for a limited period of time. Council
must decide what the limited period time is going to be. Mr. Welch suggested leaving the period of time
flexible. Citizens can call or come to City Hall to get parking permits.

Mayor Kelley pointed out that residents in subdivisions who do no have sufficient parking at their residence
should have an area designated for overflow parking. This would be handled by a separate ordinance.

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

RAY McDONALD represents the City of Stockbridge by serving as the city’s representative on the Henry
County Planning and Zoning Board for a term ending June 10, 2002.

Fred Evans made a motion to reappoint Mr. McDonald to the Planning and Zoning Board, W.A.Gardner
seconded, passed unanimously.

AMEND AGENDA Ronnie Simmons made a motion to amend the Agenda; Fletcher Turned seconded,
passed unanimously.

ATLANTA REGIONAL COMMISSION. Mr. Welch stated that the Council adopted a resolution in
December, 1999 to authorize Huges/Good/O’Leary and Ryan to apply for matching grant for road and right-
of-way improvements. ARC wants the resolution to specifically say that the City is prepared to set aside
the twenty- (20) percent matching funds.

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

REEVES CREEK AND PATES CREEK. Mr. Welch advised that the Council received a notice from the
Federal Emergency Management Agency (FEMA) concerning Reeves Creek and Pates Creek. FEMA is
changing the flood elevation. Reeves Creek is being reduced and on Pates Creek, FEMA has made some
substantial changes in the floor elevations on Pates Creek. A notice will be published and the property
owner will be responsible to contest if they do not agree with FEMA. Henry County has found errors and
in the flood elevations prepared by FEMA. Henry County will send notices to the City property owner based
on the tax map.

Councilman Simmons pointed out that if a property owner falls in the flood zone set out by FEMA, their
mortgage company would require them to purchase flood insurance. It will be in the best interest of the
property owner to be present at the hearing to represent themselves so they want have to buy flood
insurance mandated by mortgage company.

IMPROPER DRIVING IN PARKING LOTS. Councilman Simmons asked if citations could be written on
private property where drivers are taking a shortcut through parking lots? If the owners post a sign saying
drivers not using the marked roads and thoroughfares within a privately owned parking lot, they can be
issued a citation. Mr. Welch said there are some provisions to stop “cut throughs” and he could draft an
ordinance to take care the problem.
FRED SIMMONS, Big Oak Villas, Davis Road, to discuss parking at Big Oak Villas, Mr. Simmons was not
present, no action by Council.

WELL PROJECT pay estimates submitted for payment.

Division I - Pay Request No. 2, P. F. Moon & Company, Inc. $106,370.12, approved. Ronnie
Simmons made a motion to accept Pay Request; Fletcher Turner seconded, passed unanimously.

Division II - Pay Request No. 3, MacBa Sewer and Pipeline, Inc. $ 62,939.41, approved. Ronnie
Simmons made a motion to accept Pay Request No. 3; Fletcher Turner seconded, passed
unanimously.

Division III - Pay Request No 3, Caldwell Tanks Alliance, LLC $237,792.45, approved.
RonnieSimmons made a motion to accept Pay Request 3; Fletcher Turner seconded, passed
unanimously.

MAILBOX VANDALAISM. Councilman Gardner advised that mailbox vandalism is still a problem in the
north east section of town. Council instructed Ted Strickland notify police again

ZAXBY’S RESTAURANT. Mr. Strickland advised Council that Zaxby’s would locate at the old Hardee
Building at the intersection of North Henry Boulevard and Highway 138 West. Currently zoned C-3. The
zoning is acceptable to Henry County and the City. Zaxby’s banking institution desires the zoning be change
to C-2. Council authorized Mayor and Clerk to draft letter approving the current zoning until it can be changed
to the correct zoning.

Ronnie Simmons made a motion to authorize Mayor and Clerk to send letter; Fletcher Turner seconded,
approved unanimously.

Harold Cochran made a motion to adjourn; W. A. Gardner seconded, passed unanimously. Meeting
adjourned at 7:45 P. M.

Respectfully submitted,

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