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date: 2003-12-08
title: December 8, 2003 Minutes
source: 2003-12/2003-12-08_December 8, 2003_Minutes.pdf
pages: 1
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December 8, 2003

CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA DECEMBER 8, 2003

The Regular Meeting of the Stockbridge City Council was held on December 8, 2003 at 6:00 P. M.
MayorR.G. Kelley presided and member present were Harold Cochran, Fred Evans, W.A.Gardner, Steve
Moon and Fletcher Turner.

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

Invocation was given by Steve Moon.

Fred Evans made a motion to approve minutes of November 10, 2003 and November 17, 2003; W. A.
Gardner seconded and passed unanimously.

Mayor Kelley welcomed guests.

2004 PROPOSED BUDGET HEARING. Mayor Kelley presented the 2004 Proposed Budget and asked if
anyone had any comments or questions regarding the proposed budget; if not, he recommended approval.

Harold Cochran made a motion to adopt the Proposed Budget as presented; W. A. Gardner seconded and
passed unanimously.

PLANNING AND ZONING

Rezoning:

TED N. ECHOLS OF STOCKBRIDGE, GA. Ray Gibson, Henry County Planner, presented a request for
rezoning from R-3 (Single-Family Residence) to C-3 (Heavy Commercial) for property located at 123 East
Atlanta, in Land Lot 61 of the 12th District. The property contains 0.5 +/- acres and the request is for office
and commercial use. Mr. Gibson reported that that the Henry County Planning Commission recommended
denial of the request for C-3 and instead recommends C-2.
Mr. Echols plans to remodel house and garage for office and commercial space. Where the house and
garage sit, it does not satisfy the required forty foot (40’) buffer where it abuts residential property. If the
Council approves the rezoning request, Mr. Echols requests the house and garage remain so they can be
used. In defending his request for a C-3 zoning classification he stated that some of the surrounding
property is zoned C-3.

Mayor Kelley advised Mr. Echols that the only thing on the table tonight is the rezoning. Other matters
would have to be brought before the Council at a later date. Ray Gibson stated that if the Council approves
rezoning, he would have to request a variance at a later time.

A. J. Welch, City Attorney, informed Mr. Echols that before the City will grant any type of variance they will
have to draw out what they are going to be doing and how it will operate and function, interior and exterior
appearance. Parking plan will also be considered with any variances submitted to Planning and Zoning
and brought before City Council for disposition.

Mr. Welch asked why he is requesting C-3. Mr. Echols stated because property in the area is C-3 and feels
he would get the most flexibility and use of the property if his was zoned C-3. Mr. Welch reminded the
Council that, in the past, the Council has not approved C-3 unless a specific use is stated. The Council
would state the specific zoning use they would allow and not the broad use because the ordinance as it
stands is so broad. Mr. Welch asked Mr. Gibson why the Planning Board asked for C-3 instead of C-1.

After further discussion, the Council agreed on a C-2 zoning. A. J. Welch will draft an ordinance and send
to Ted Strickland for review.

Harold Cochran made a motion to rezone to C-2 with all the permitted uses under C-1 and only office space
use under C-2 is permitted; Fred Evans seconded and passed unanimously.

WINDWARD PARK, LLC OF FOREST PART, GA requests a rezoning from RM (Multiple-Family
Residence) to C-3 (Heavy Commercial) in Land Lots 56 & 57 of the 12th District, for property located off of
Hwy 138. The property contains 1.37+/- acres and the request is to build a professional office building.
Approved as O-I on November 10, 2003. To be reconsidered for C-3 zoning.

Ray Gibson said he was not prepared to discuss this item because he did not know it was going to be on the
agenda for this meeting. A. J. Welch responded that the City misunderstood what the Planning Staff was
recommending and there was no opposition. Part of the property is located in the County and part in the
City. Henry County was asking for matching zoning to be the same as the county zoning. The City has no
problem with the C-3 zoning as long as the use was limited to an office complex. Mr. Welch recommends
the City amend the ordinance approving the zoning for a C-3 limited to office use only.

Fred Evans made a motion to approve C-3 zoning; Steve Moon seconded, and passed unanimously.

Conditional Use:
J. DENNIS BARR OF McDONOUGH, GA requested a conditional use for property located at 4026, 4028
and 4030 East Lake Parkway, in Land Lot 1 of the 11th District. The property consists of 1.0 acres and the
request is for a church.

Ray Gibson advised the Council that Henry County Planning Commission approved with one condition:

1. If the church ceases to utilize 4026, 4028 and 4030 East Lake Parkway for church
purposes, the conditional use will become void.

Fred Evans made a motion to approve the condition use with the one condition; Fletcher Turner seconded,
and passed unanimously.

BUDRO INVESTMENTS, INC. OF McDONOUGH, GA requested a conditional use for property located at
4231 North Henry Blvd., in Land Lot 62 of the 12th District. The property contains 1.40 acres and the
request is for a church.

Ray Gibson advised the Council that Henry County Planning Commission approved with one condition:

1. If the church ceases to utilize 4231 North Henry Boulevard for church purposes the
conditional use will become void.

Fred Evans made a motion to approve with the one condition; W. A. Gardner seconded and passed
unanimously.

Variance:

WILL TOMASSELLO OF FOREST PARK, GA requests a variance for property located at 175 Medical
Boulevard, in Land Lot 13 of the 6th District. The property contains 1.65 acres and the request is to allow
for above ground detention, and the reduction of the required setbacks and landscape area.

Ray Gibson informed the Council that this item has a request for four (4) variances:

1. Reduce front setback from fifty feet (50’) to zero (0).
Reduce rear setback from twenty feet (20’) to fourteen feet (14’).
3. Eliminate the ten foot (10’) landscape buffer along Hospital Drive and Medical
Boulevard.
4. Permit above ground detention facilities.
Staff review led to approval of number 4. “Permit above ground detention facilities” and denial of the other
three (3) setback requests,

Will Tomassello purchased the property to construct two buildings on this site. When the Hospital expanded
they encroached upon their property and they lost the ability to build their buildings with the original
setbacks. The encroachment created a hardship for them to build these buildings with a variance. The
hospital agreed for them to turn the buildings facing the hospital to become part of the hospital campus
because their architectural rendering will match the hospital property. They are pleased that Staff
recommended that the detention did not have to go underground. They are not required to go all the way
back on the setbacks. One corner of the building is actually going to encroach upon the originally setback
as required from the 50’ to the 0’.

He met with the Henry County Fire Marshall’s office and they did not give them written approve but gave a
verbal nod that they could do what they needed to do so as long as they put traffic measures on the corners
in the event a car should leave the road as they made the turn toward the hospital.

Medical Boulevard is a dead-end at the far end of the property and not much traffic. They are the last five
(5) undeveloped lots and are boarded on three sides by three streets. They have put together an extensive
landscape plan to compliment the area. The size of the property with its new setbacks they can’t really get
a building inside the lots as a result of the hospital encroachment. They tried to squeeze them to the far
end of the property but it makes is almost logistically impractical and the Fire Marshal was not agreeable.
The buildings had to be split so they could have an entrance off Medical Way and an exit on Medical
Boulevard.

Mr. Welch asked why they didn’t combine the two buildings and move all the way down. Mr. Tomassello
responded that from the Fire Marshall standpoint, they originally had one building, and they did not want
them together because if they had to enter from a certain direction, they would not have enough access to
the back of the property. The location of the buildings was discussed and the possibility of a two story
building which Mr. Tomassello said would be cost prohibitive.

Mayor Kelley stated that it looks like they do not have enough property to build what they want to build is
the problem and the City has ordinances to regulate construct and if the Council lets one person build on
the line the next person would have the same right. Mr. Tomassello stated that one corner of the building
will be inside the setback. Mayor Kelley advised Mr. Tomassello that the City would not approve above
ground detention in this area. Mr. Tomassello responded that they are willing to absorb the cost of putting
the detention underground but they need the variances to get the building on the lots.

Mr. Welch pointed out that the only distinction they will have with a two story building is a $40,000 elevator.
Mr. Tomassello replied that the elevator would be approximately $50,000 and they would have to go to a
wet-dried system on a two story structure where they don’t have to on the single story buildings. Another
problem is the parking because they will have to come back for variances on a two story structure. The
two story structure will cost $250,000 more than the two buildings and with that dollar amount you can’t
make the property work and it becomes a dead piece of property. If they can gain their variances, they
would agree to take the detention underground.

Council Moon asked if they take the detention underground could the building be moved in that direction.
Mr. Tomassello responded that because of the underground detention they have to maintain a two lane
right-of-way inside the property.

Mr. Welch stated that he thought it would work if they put both buildings together. They have plenty of
space to do that whether it cuts out parking he is not sure. Council Moon asked if they could put a parking
lot over the underground detention and would they gain the parking spaces they would lose between the
buildings by putting them together. Councilman Evans suggested pulling the building closer to Hospital
Drive. Mr. Tomassello responded that the problem with that is they still have to maintain a double lane
access to the property and that is why they originally set the building there. If they pull the building forward
over the single lane they do not have enough room behind the building to get another lane of parking.
Councilman Moon asked if one lane goes over the detention it looks like they will still have their two lanes.
Mr. Tomassello responded that the County would not allow them to bring the entrance to the property that
close to the street because of Hospital Drive being so close. Councilman asked if the entrance on Medical
Way be deleted and the entrances be off Medical Drive and Medical Boulevard. The Hospital does not
grant access to any building around the perimeter of the hospital itself.

Mr. Welch suggested the Council table this matter and get their architect to call and he would setup a
conference call with Planning and Zoning to see if there is someway the Council will be able to help.

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

Annexation:

WHIDDON ASSOCIATES, LLC, EDWARD H AND CAROLE M. WHIDDON, SR. requested annexation
into the City of Stockbridge under the 60% Method of Annexation. The property is located in Land Lot 100
of the 12th District on the east side of East Atlanta Road near the Mays Road intersection and is zoned RA
(Residential/Agricultural).

A.J.Welch advised the Council that the application of annexation under the 60% method would annex Mr.
Whiddon’s property and several other tracts of contiguous properties and recommends approval. Since
this is being annexed under the county’s zoning ordinance it remains the same classification.

Fred Evans made a motion to approve annexation; Steve Moon seconded and passed unanimously.

NEW BUSINESS

PATRICK McHUGH, 15TH STREET PIZZA, 1481B HUDSON BRIDGE ROAD, requested a license to sell
alcoholic beverages. He has completed application, back ground check, paid fees and met all requirements
of the Alcohol Ordinance.

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

TATTOOING AND BODY-PIERCING STUDIOS, ARTIST AND OPERATORS ORDINANCE to provide for
licensing and regulations of tattooing studios. A. J. Welch advised the Council that this ordinance amends
an existing ordinance dealing with tattoo studios and this amendment will set forth the definitions, regulations,
the manner in which it is handled, what is prohibited in a particular area. This is a very comprehensive
ordinance and recommend approval. It will go into effect immediately and everyone will have to comply in
2004.

Harold Cochran made a motion to approve; Fletcher Turner seconded, and passed unanimously.
BUDGET AMENDMENT – Explanation: Operational Building cost was greater than amount budgeted in 2003
budget because no estimates for the building had been received when the budget was approved. The budget
estimate was $130,000, the actual cost was $325,000; therefore, the budget would be amended in the
amount of $195,000.

W. A. Gardner made a motion to amend the 2003 budget; Fred Evans seconded, and passed unanimously.

CHAD PRATHER, HOPE POINT CHURCH, 125 ROCK QUARRY ROAD, requested to use Chaser’s Bar
and Grill building for a church. This property was originally owned by Norman Lyles, Big Daddy’s teen club
and was rezoned from M-1 to C-4 at a Special Meeting on October 21, 1985. (C-4 was one of the zoning
classifications when the property was rezoned.)

Harold Cochran made a motion to approve request; Steve Moon seconded, and passed unanimously.

ORDINANCE: To authorize City Clerk to post and publish notice of 2004 City Council Meetings to be held
on the days listed at 6:00 P. M.

January 12 February 9 March 8
April 12 May 10 June 14
July 12 August 9 September 13
October 11 November 8 December 13

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

KELLY THOMAS, THOMAS WINDSHIELD, 5050 NORTH HENRY BOULEVARD requested an
occupational tax license to sell used vehicles at this site. The property is presently zoned C-1 and a C-3
zoning is needed to sell used vehicles.

Mayor Kelley asked if Charles Moseley owns this property and Mr. Thomas responded that he does. Mr.
Kelley asked Mr. Thomas to explain to the Council what his plans are for this property.
Mr. Thomas explained to the Council that presently he does auto glass replacement repair. The auto glass
business is up and down especially from the months of November to March it is really slow and he is trying
to find other ways to keep his business going. He plans to have five (5) or no more than eight (8) cars at one
time. He has had a representative from Hertz Rent-a-Car show some interest in sharing the property. They
would like to put up satellite stores in small towns and if he can’t sell cars he is asking for permission to allow
Hertz to share the property to help out with his overhead expenses.

A.J.Welch said in order of the Council to approve this request he would have to go through rezoning to have
the property properly zoned. Mayor Kelley said he recommends the Hertz route but Mr. Thomas needs to
take with Mr. Moseley regarding the rezoning. Mr. Thomas responded that he has discussed this with Mr.
Moseley and he is agreeable. Mr. Moseley needs to contact Ted Strickland for information.

Mr. Welch advised the Council that if the property is rezoned to C-3 it can only be used for the purposes
listed and also list the number of vehicles to be on the property at one time. Mr. Moseley will have to make
application with Henry County Planning and Zoning to rezone the property with conditions. Mr. Thomas was
instructed to prepare a drawing on how the property will be laid out to sell used cars and definitely limit the
number of cars on the property at one time. Mr. Welch explained to Mr. Thomas that he may not always be
at this location and the City is concerned with what type of business may be at this location at a later date.

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

WILLIAM MAYO, 4650 NORTH HENRY BOULEVARD - Ted Strickland, City Manager brought to the
attention of the Mayor and City Council that Mr. William Mayo at 4650 North Henry Boulevard was selling
vehicles at his place of business. In order to continue to conduct sale of vehicles at the business, the property
must be zoned either C-2 or C-3. At the time of the issuance of the occupational license to Mr. Mayo, he
represented that only auto repairs would be conducted on the premises. The City was unable to determine
what the exact zoning of the property was. After discuss of the matter, the Mayor and Council adopted the
following resolutions:

1. That the City Attorney will examine the zoning of the Mayo property and make a determination
as to whether or not rezoning of the property would be required in order for Mr. Mayo to sell
vehicles from the site and notify Mr. Mayo in writing of his findings, with a copy thereof being
provided to the Clerk of the City.

2. The property owner shall have a minimum of fourteen (14) of the broken down, dilapidated
vehicles that are located on the property, removed prior to December 31, 2003. If the
vehicles have not been removed by that time, the Clerk is directed not to issue any types of
licenses to Mr. Mayo or his premises for the year 2004.

3. The property owner may continue to repair vehicles on the premises after December 31,
2003 provided the 14 vehicles referenced in Resolution 2 have been removed prior to
December 31, 2003.

4. The owner of the property may continue to maintain on the premises the maximum of 6
vehicles for sale and shall be issued a temporary license to do so provided the vehicles
described in Resolution 2 have been prior to December 31, 2003

5. Once the zoning of the property has been determined, if rezoning is required, Mr. Mayo will
have thirty (30) days in which to file an application to rezone the property so that vehicles
may be sold from the premises.

6 If the rezoning application is not filed and is not completed within six (6) months of the date
of the filing of the zoning application, the temporary license for the selling of the vehicles
shall expire.

7. No vehicles, equipments, or parts shall be located or maintained on the City’s or the State
of Georgia’s right of way or Highway 23/42 North Henry Boulevard or East Atlanta Road.

8. The City Manager shall have the premises inspected and shall notify Mr. Mayo in writing of
all matters and activity that need to be performed on his property to bring it compliance with
the City Ordinances.

9. Mr. Mayo shall have a reasonable time not to exceed ninety (90) days to bring the property
in compliance with City Ordinances. Failure to bring the property in compliance with all city
ordinances shall result in a revocation of occupational licenses that are issued to Mr. Mayo
and to the premises.

W. A. Gardner made a motion to approve the nine conditions by resolution, Fletcher Turner seconded
and passed unanimously.
CREDIT CARD ORDINANCE – A. J. Welch presented an ordinance to authorize accepting credit card
payments for utility bills and court fines.

Fred Evans made a motion to approve; Steve Moon seconded, and passed unanimously.

UTILITY APPLICATIONS ORDINANCE – A. J. Welch presented an ordinance to create an application,
permitting and bonding procedures for utility work on City right-of-way and establishment of utility placement
standards. This should help to stop contractors from cutting into utility lines because they will have to go
through the locator system.

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

PARKING ORDINANCE – Mayor Kelley stated that the City is getting a lot of complaints regarding on street
parking. A. J. Welch advised that the legal staff drafted an ordinance in 2002 and the Council reviewed the
ordinance and decided to table it at that time. That ordinance prevented parking in certain areas, set up
certain times for parking and other restrictions. It is being brought up again because of the complaints. Mayor
Kelley said that Chief Mac Nale is getting a lot of complaints and we need more teeth in the ordinance for
him to be able to stop the problem.

Ted Strickland, City Manager, stated that the problem Chief Nale is having is when people call and he puts
a pink slip on the vehicle and when Chief Nale goes back, the car has been parked down the street. What
he wants to do is after the pink slip has been put on the vehicle and when he goes back and they continue
to be habitual, tow the vehicle. Chief Nale wants to know if this is permissible under the state law. Would
the new ordinance approve towing. Mr. Welch responded that the state law allows towing but it needs to be
incorporated into the new ordinance along with the other regulations. If the Council will approve the ordinance
dealing with parking on the streets then the legal staff will combine the two ordinances along with the towing
provision and make it in final form.

The question was asked if the Council still wants to issue parking permits. Mayor Kelley said each case
would be heard on its own merit. If you are having guests, it will be fine but they need to notify the City so
the police can be notified that this is temporary. What the City is concerned with is residents using the street
as their permanent parking place. The only people who would be required to get a parking permit would be
a person who needs to park in the street for any length of time due to hardship.

Harold Cochran made a motion to approve; Fred Evans seconded and passed unanimously.
RESOLUTION – To authorize the extension HB 489 negotiations to May 31, 2004. A J. Welch informed the
Council that the HB 489 Agreements expire December 13, 2003. There have been on going negotiations
with the County since the last week in August and agreements have not been reached on all of the HB 489
issues. The problem is: They are trying to get to a formula that every body can live with where the City can
make a decision each year on what type of service they want to provide. Example: If the City wants to
provide the zoning, then we say that if we are providing the zoning service, Henry County should not tax the
people in the City of Stockbridge for their zoning department because we are going to be doing that. The
City should receive a rebate or rollback in taxes if they are going to do that and that would apply to roads,
police service, permitting and all those different types of things including soil erosion, sedimentation. Then
the Council would be able to look at the agreement and make a decision as to whether or not the City will
provide that service and notify the County that the City will take it over at a certain time. Once you notify
them, they will begin rolling the tax back.

The County’s position is that Planning and Zoning is paid for through fees. We have gone back to the County
and said, OK if its been paid for in full with fees, then we are not entitled to a rollback and what we will do in
a year in arrears, so what we will do, as an Example: If the City took it over in 2005, the City would look at
their 2004 figures and if they connected enough permits in fees to pay for Planning and Zoning, there would
be no rollback. If they were $100,000 short, then the City would get their percentage of the rollback which
would be the next year. This thought has been presented to the County and they don’t know how to respond
to this situation yet. We were just getting into a crisis situation and asked them to extend it to December 31,
2004 and they came back with a recommendation of May 31, 2004. The County’s argument is that it needs
to be decided where they can budget of it in July, 2004. Mr. Welch thinks this will be fine and has drawn a
Resolution authorizing the Mayor to sign the extension and continuing negotiations. All the cities feel like
that a mediator needs to be appointed and to start the mediation process and will insist it be done this month
to see they can find some middle ground. If a mediator comes in and tells them what we think is right and
fair, they think it will be very difficult for them not to do it.

Fred Evans made a motion approve Resolution extending HB 489 negotiations to May 31, 2004; W. A.
Gardner seconded, and passed unanimously.

JAMES CONNELLY, SIZEMORE GROUP, approval of contract for LCI Downtown Streetscape. Ted
Strickland advised that $1,400,000. The City will pay 20%, $280,000 and the City will receive $1,120,000
Federal Funds for streetscaping, lighting and sidewalks in the City Hall area. Mayor Kelley recommended
approving the contract subject to being reviewed by City Attorney and City Council to make sure that all the
figures are in order.

Fred Evans made a motion to approve subject to review of contract by City Council and City Attorney; Fletcher
Turner seconded, and passed unanimously.
A.J.Welch gave an update on the downtown development project. There was a meeting with the Sizemore
Group and Jack Burnside and a letter has been sent to all the property owners located on East Atlanta Road
from Highway 42 north for an extended time is site No. 1 they are recommending for the downtown area.
The letter asked everyone to come to a meeting and show them what the City is going to try to do and will
distribute a form-option. Everyone will be asked to review the form-option and if they want to work with the
City in putting this together to complete the option and tell the City what price the City can purchase the
property. This particular area will be developed under the Downtown Development Authority. Basically, it
will be put together and try to get a developer to come in to develop parts of the property and the City will
generate the money to buy the piece of property and the City will also have a substantial area for a new City
Hall and a City Complex, etc. There will be a meeting at the Merle Manders Conference Center at 7:00 P.M.
The letters have all gone out and hope everyone will attend so the Sizemore Group can explain the project.

STORMWATER UPDATE. Councilman Evans asked the status of the Stormwater Project. A.J.Welch
advised the Council that he has filed documentation with the State to get the City in compliance. This is part
of House Bill 489 and the County has not made a decision but the perception he is getting from the County
is they do not want to provide any service for the Cities. If the City gets a proper rollback, it want make any
difference, the City will be OK.

Ted Strickland advised that he spoke with Anwer R. Ahmed, P. E. Senior Project Manager regarding the
NPDES Stormwater, Phase II Permit. Mr. Ahmed advised Mr. Strickland that the City should budget
approximately $200,000 for 2004 stormwater runoff phase II and part of that will be for some of the GIS
expense of mapping.

A. J. Welch said the County is going to push the City to do our own stormwater planning. Mayor Kelley said
this matter should be handled by the Water Authority.

WELLS UPDATE. Councilman Evans asked the status of land purchase for wells. Mr. Welch reported that
one of the wells that was drilled site No.4 caved-in so it can’t be used. The next site is across the road. He
received notice from Fayette that they do not want to trade property for the three sites off Flippen Road and
he dictated a letter to Mayor Kelley that he will have to get involved and make an appointment with the
Chairman of the Board of Commissioners. The excuse is they got into a whole lot of trouble when they gave
us permission to go in there and drill the wells and they don’t want to deal with the Corps of Engineers any
more. Mr. Welch said he made it clear in his letter that the City would do all that work and they would not
have to get involved, just agree to exchange the property with the City. Maybe the Mayor and City Attorney
can have lunch with the Chairman and get them to change their politics.
Councilman Gardner said he wanted to congratulate Merle Manders and Nancy Brown on the good job they
do on the budget every year. They are will known by the State and get accommodation from the Government
Finance Officers Association for the excellent job they do.

Councilman Turner asked if there is any way the City can run sidewalks to the three city parks. Ted Strickland
said that will be included in the LCI program. The City has approximate $4,000,000 scheduled for sidewalks
in the SPLOST program and we have a little here and a little there under some of the programs and we are
trying to get all of them combined. Starting at Davis Road coming to Clark Park and Gardner Park, and back
to Memorial Park. Its in the plan but it will take time to get this project done.

Harold Cochran made a motion to adjourn; Fred Evans seconded, and passed unanimously. The meeting
adjourned at 7:40 P. M.

Respectfully submitted,

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