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date: 2005-04-11
title: April 11, 2005 Minutes
source: 2005-04/2005-04-11_April 11, 2005_Minutes.pdf
pages: 1
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April 11, 2005

CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA APRIL 11, 2005

The Regular Meeting of the Stockbridge City Council was held on April 11, 2005 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.

Steve Moon gave the invocation.

Approve minutes of March 14, 2005.

Mayor Kelley welcomed guests.

PLANNING AND ZONING

SUNTRUST BANK, 4966 NORTH HENRY BOULEVARD, requested rezoning from OI (Office/Institutional)
to C-1 (Neighborhood Commercial). Cherrie Matthews, Henry County Planning and Zoning, reported that
the Planning Commission has reviewed this request on April 26, 2005 and recommends approval with two
(2) conditions.

Jim Jackson, representing SunTrust Bank explained that their request is in keeping with commercial activity
on North Henry Boulevard. The property has been used as a commercial site for many years and is within
the Comprehensive Land Use Plan.

Councilman Evans asked what they plan to do on this site. Mr. Jackson responded that they do not have a
user at this time. They filed their application for rezoning in November, 2004. They have had request for
flower shops, curio shops and similar uses. SunTrust will be in this location for some time and they want to
be a good neighbor and they want a good neighbor, so they will be very selective with what goes there.

Cherri Mathews, Henry County Planning and Zoning staff, stated that the Planning Commission has reviewed
this request and recommends approval with two (2) conditions:
1. The applicant must receive a variance approval to allow for the elimination
of the required forty-foot (40’) along the north property line.

2. If the City Council approves the rezoning of the property to C-1
(Neighborhood Commercial), the boundaries of the property utilized by the
Stockbridge Methodist Church cannot be expanded without the approval of
a Conditional Use Permit.

A.J.Welch noted that staff recommends approval of the zoning. There is a variance request that the Council
needs to know of and that is on the buffer area and asked Cherri Mathews to explain the variance. Ms.
Mathews explained that the northern portion of the property will abut R-2 Residentially zoned properties and
the applicant is requesting to eliminate the forty-foot (40’) buffer and the Planning Staff has recommended
approval. The northern portion of this property is adjacent to the Garden Club on Club Drive.

Fred Evans made a motion to approve the rezoning to C-1; Harold Cochran seconded, and passed
unanimously.

Fred Evans made a motion to approve the variance to eliminate the 40’ buffer on the northern portion of the
property; Harold Cochran seconded, and passed unanimously.

OLD BUSINESS

MOZELLE C. MITCHELL, STOCKBRIDGE BILLIARD CENTER, 112 BERRY STREET requested renewal
of occupational tax license and alcohol license to serve beer. Mrs. Mitchell submitted all of the necessary
documents to apply for an Occupational Tax License and Alcohol License.

A.J.Welch asked if the City has determined if a citation was issued for a violation of the Alcohol Ordinance.
Clerk reported that she has not been able to determine if a citation was issued. Mr. Welch advised the
Council that if they approve this application it will be conditioned upon getting a letter from the Chief saying
that there is no pending citations. If there is pending citation it is the recommendation that the license be
held until the police can produce the citation, if that is the case.
If there is a pending citation, you cannot issue a new alcohol license until that is resolved. If a citation has
not been issued and if she qualifies, a license may be issued.

Fred Evans made a motion to approve license subject to determining that no citation was issued against the
Stockbridge Billiard Center; Fletcher Turner seconded, and passed unanimously.

PLAYGROUND EQUIPMENT – Ted Strickland has been doing research and getting prices for playground
equipment for smaller children for City parks that were mentioned at the March 14, 2005 meeting. Mr.
Strickland reported that during his research he found that playground equipment is sold for 2 to 5 year olds,
6 to 12 year olds and the type of equipment the Council is considering is quite expensive for three parks.
Mayor Kelley instructed Mr. Strickland to continue his research for good equipment at a reasonable price.

NEW BUSINESS

“RED HAT DAY” PROCLAMATION – Mayor Kelley asked the Council to proclaim April 25, 2005 as “Red
Hat Day” for ladies who desire fun and friendship and who refuse to conform to the old-fashioned image of a
woman over 50.

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

SUPPORT GROUP FOR THE TOWN CENTER was present to let the Council know they support the Town
Center Project. Spoke person Vernon Moss for the support group stated that he does not own any land in
the area that is being proposed. This group feels very firmly about this project. They feel the original city
limits is still old Stockbridge. Speaking on behalf of the people who own property in the proposed site for the
Town Center, they want to see something done. As far as they are concerned the City is already one year
behind on the project. If the City is going to do something with this project, let’s get it done.

MARK MEEKS TO DISCUSS THE TOWN CENTER. Mr. Meeks said he is here to try to get some resolution
to this situation that he finds himself in. Mr. Meeks stated he had an agreement with the City’s agent and Mr.
Welch says it will not work. He is willing to work with the City but they need for the City to work with them
also. They have been at their current location for twenty-two (22) years and have been threatened with
everything from condemnation to whatever else and it’s not right. It’s not the right way to move the project
forward. It is not a positive image for the City and no one is going to reap any good benefits from it. They
are willing to work with the Council but they need some response, too and so far, they haven’t gotten any.
A.J.Welch advised the Mayor and Council that Mr. Meeks has received a response on each and every
occasion that they have inquired. The problem is that the City cannot pay any more than the fair market
value for their property and what has been asked for is far in excess of that. The Mayor and Council have
not accepted anything from them and that’s what the hold up is, that is the key holdup of this entire project.
They have a lawyer representing them and those matters are going to have to appear in court because he is
threatening the City with lawsuits if the City goes forward. The City would like to resolve the matter and will
do everything possible through their lawyer.

Mrs. Meeks addressed the City and explained what Tina Morrow, the City’s agent, made an offer for their
property. They were approached by the City with this agreement. They were here three year ago trying to
get this project started because they want to see this happen. They are the only business that has agreed
to be in this development. They came in and met with the City’s agent. She asked what they would need
and she told her what the contract was that they had with the previous deal. They told her what they wanted
as far as the square footage in the new town center. She responded that they could not give them all the
retail but they could get half for condo and half as retail space which they never considered that but it was
offered to them and the only other thing she mentioned was on valentine day she needs additional cooler
space. Is it O.K. to park a tractor trailer truck on the parking deck and Mrs. Morrow responded “No” but what
can be done is have two spaces beneath that will be like a garage to be used for storage and cooler access,
which would be needed at any time they decided to leave the place that they would lease the two retail
spaces back to whoever is going to be the developer. They would have first option to buy. They did not ask
for any of this but it was offered by the City’s representative. Mrs. Meeks stated that she and Mark have
been the number one cheerleaders for the Town Center and they would love to see it happen but it is not
right that they are told by the City when we say she is our agent for more than a year, that this is what’s going
to happen. Then in February they found out it is not going to be that way. It’s just not right. If she is the one
that is representing the City, the Council should stand up behind her or they need to be notified. As far as
they are concerned, Mrs. Morrow is still their agent because no one has told them that she is not representing
the City anymore.

Mr. Meeks asked how to assemble this property when it is transferred to a private developer will the City do
it for what it cost the City or for more money. A. J. Welch advised the Council not to respond to any of the
questions because of pending litigation. Mayor Kelley said he could not answer this question. Ms. Meeks
said Ms. Morrow is the agent for the City because a letter came from the City that stated Ms. Morrow
represents the City to do the negotiations. Their letter said that she was the negotiator for the City and she
would be the developer and as far as swapping their property which regular dollars is more than construction
dollars and if they are willing to go into the complex under construction dollars that was going to be her money
and that want cost the City anything

Mr. Welch stated that the record needs to reflect that Mrs. Morrow has no authority whatsoever to bind the
City in any way whatsoever. All she had the authority to do was obtain options. The Meeks were notified
early on that we could not do as they had requested. The person they are saying is going to be the developer
is not the case. She has no contracts whatsoever with the City under any circumstances. They have been
notified for several months that she is out of the picture and we will just have to deal with their lawyer. Mrs.
Meeks asked how they were notified because they did not get a letter. Mrs. Meeks stated the reason they
have a lawyer is because they don’t want to get intimidated by Mr. Welch.

Mayor Kelley thanked Ms. Meeks for her comments.

BILL BUSCHE, 405 WOODTON KNOLL, PARKSIDE COMMUNITY, stated that it was his desire to call to
the Council’s attention the negative impact that will be caused by the Eagle’s Landing Parkway expansion
project. Although the project is worthwhile and will serve the greater needs of Henry County, under the
current plans their community, Parkside Subdivision, at the east end of Eagle’s Landing Parkway will have
it’s main entrance restricted to right turn only. The hardship this will impose on 217 households in the
community will be severely restricted. The vast majority of residents must turn left in order to reach their
destination when leaving the community. Some of the Georgia Department of Transportation representatives
have made the case that the community motorist can use the rear entrance on Highway 42. This will create
significant bottle necks as Highway 42 is already heavily congested. The probability of any improvements to
Highway 42 is many years in the future. The Highway 42 entrance from Parkview Drive is not an appropriate
configuration to be used as a principle access to a community of that size. If the Parkside residents are
forced to turn right at Eagle’s Landing Parkway it is likely that many motorists will cut through the Chevron
Station or the adjourning business park or they will have to make U-turns at the intersections and these are
not workable alternatives for their community. This design will also impede emergency access by fire and
police which could represent a threat to public safety in their neighborhood.

The Parkside residents ask the Council members to lend and appropriate support to their efforts to change
the design of this project to allow left turns from their community’s main entrance on to the parkway. Mr.
Busche thanked the Council for their time.

Mayor Kelley said he attended the same meeting and he agrees 100% that it’s not the solution to make a
right turn then go to the intersection and make a U-turn and come back. The City has written letters to several
people with the State and County and whoever we could come up with to let them know the City feels the
same way as the residents of Parkside. There should be a better solution to get the residents out because
approximately 90 to 95 percent of motorist coming out of Parkside will turn left. The City is behind you and
will do what we can do.
RESOLUTION TO ADOPT THE STORMWATER UTILITY SERVICE CHARGE CREDIT TECHNICAL
MANUAL prepared by Arcadis G&M, Inc., to be incorporated by reference into the Stormwater Management
Utility Ordinance.

A.J.Welch reminded the Council that they adopted the Stormwater Management Program in 2004 and now
the engineers recommend approving the Stormwater Utility Service Charge Credit Technical Manual to be
finalize by the Council.

Steve Moon made a motion to approve; Fletcher Turner seconded and passed unanimously.

RESOLUTION – A. J. Welch advised the Council that Kathy Stege, Stantec Consulting Engineers, held a
meeting in Butts County March 17, 2005 regarding land application of biosolids. The minutes of that meeting
were kept and a resolution has been prepared to make those minutes the City’s minutes and making
reference in Council’s minutes of this meeting. The adoption of these minutes will keep the City in compliance
with Environmental Protection Division regulations.

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

NORTHBRIDGE CROSSING – A. J. Welch advised the Council that this is a request from the developer of
the property to amend the Development Agreement. There are two streets that has is a creek with wetland
behind the creek and they are asking for a change in the front yard setbacks so they can move the houses
closer to the street and farther away from the wetland areas. This has been checked out and the Planning
and Zoning Department recommends approval and an Amendment to the Development Agreement has been
prepared to allow the houses to be constructed ten-feet (10’) closer to the street which is in line with other
setbacks that the Council has approved.

Mayor Kelley stated that he took a look at this site and he recommends the Council approve this request.

Harold Cochran made a motion to approve setbacks as requested; W. A. Gardner seconded, and passed
unanimously.

RELEASE AND HOLD HARMLESS AGREEMENT, CARNETTS PROPERTIES, LLC. A. J. Welch advised
the Council that a company wants to start construction on a project on Eagle’s Landing. The property is
properly zoned and the plans have been approved for construction. Before they can proceed, the City
requires a Release and Hold Harmless Agreement to assure they will not try to connect to the sewer services
until the moratorium is released. Legal staff recommends the mayor be authorized to sign the agreement
with Carnetts Properties, Inc.

Fred Evans made a motion to authorize Mayor Kelley to sign the Release and Hold Harmless Agreement;
Harold Cochran seconded, and passed unanimously.

MEALS ON WHEELS, grant contract and agreement between the City and Henry County Council on Aging,
Inc. The City agrees to pay $1,000 for services. Authorize Mayor Kelley and Clerk to sign contract on behalf
of the City Council.

Harold Cochran made a motion to authorize Mayor and Clerk to sign contract; Fred Evans seconded, and
passed unanimously.

DAVE PLANCHON, OLE’ STOCKBRIDGE DAYS. Ole’ Stockbridge Day will be held on May 7, 2005 and
Mr. Planchon gave an update on the festival. Mayor Kelley recommended the Council appropriate $2,000 to
Ole’ Stockbridge Days.

Steve Moon made a motion to appropriate $2,000; Fletcher Turner seconded and passed unanimously.

STOCKBRIDGE ASSEMBLY OF GOD, 3910 NORTH HENRY BOULEVARD recently annexed into the City.
They would like to discuss a joint venture to connect to the City’s sewerage facility.
No one was present from the Church and Mayor Kelley recommended it be tabled.

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

JANE RUTLEDGE AND DONNIE HOOD regarding Alzheimers disease. Mrs. Rutledge failed to appear and
Mayor Kelley recommended this item be tabled.

Harold Cochran made a motion to table; Fletcher Turner seconded, and passed unanimously.
BERNARD ASH, B&A AUTO REPAIR, Ted Strickland reminded the Council that this garage is located on
Ward Street under the bridge. Mr. Strickland stated he received a letter from Brian D. Dobbins, 113 Club
Circle, regarding Mr. Ash’s business practices. He took his car to be repaired on December 23, 2004 and on
March 25, 2005 he had not gotten it back. Mr. Strickland has been to the garage and told Mr. Ash he needs
to keep the street clean and keep the vehicles off the street. Chief Nale has written citations and he will be
in court in May. Mr. Strickland has discussed these problems with Mr. Ash at least six (6) times in the last
two years. Mr. Ash needs to either get his business straightened out or we need to look at whether the City
wants to allow him to continue to do business in that area. It is a constant battle to keep this area clean and
free of vehicles parked under the bridge and on the right-of-way of Ward Street.

In the last three weeks he had a truck backed up under the bridge with a car hanging off the back of the truck
on Ward Street and the police wrote him a citation. We have signs under the bridge for public parking only.
He cannot use this parking area as his business parking area. Mr. Strickland said he just wants the Council
to be aware that we are trying to make Mr. Ash conform to City regulations or take his business to a
conforming area for a garage.

Mayor said to get the police to continue patrolling because this is a safety hazard. Councilman Evans said
that in the years he has been on the Council this has come up several times a year and asked if the City
could just shut him down.

A. J. Welch said if he is creating a public nuisance, yes. There is a legal proceeding that the City would have
to go through to stop this problem. If he is in violation of his license, the City can revoke his license after a
hearing. If the Council wants to proceed along those lines, he will be more than glad to get the legal
documents together, have them served and conduct a hearing.

Councilman Evans said he and Mr. Strickland have seen an engine block lying in the middle of the street.
Mr. Welch told Councilman Evans that all those events have to be documented; he has to be put on notice.
If he continues to create a public nuisance by having a motor lying in the middle of the street and cars parked
where they are not suppose to be parked. Also his Occupational Tax License requires him to comply with all
of the rules and regulations of the City. If he doesn’t the City can revoke his license but the Council still has
to give him a hearing and make sure there is sufficient evidence to warrant a hearing. Mr. Welch suggested
he get with Mr. Strickland to go through the entire list of what information he has and get the appropriate
notice to him to see if that will resolve it. If it doesn’t when the Occupation Tax License time comes around,
the Council can make the decision whether or not they are going to reissue for 2006.

LARRY PUGH AND ANGELIA ALLEN, 107 CLUB CIRCLE, Ted Strickland informed the Council that this is
an abandoned home where the owners are not taking care of the house.
He has been to this house several times in the last five (5) years. He went to this location in the last month
and there is a vehicle in the front yard with a 2003 tag. The house is empty, unkept yard (tall grass and
trash), dryer in front yard, a swimming pool in back with a cover and a shed in the back yard full of trash. The
house is in bad repair should be condemned and demolished.

Mr. Strickland has tried to get in touch with the owner without success. He has checked the tax records and
they have not paid the taxes unless they paid recently. They are destroying the neighborhood because they
have no regard for the community in which the other people live. The other people are concerned about the
unkept condition of this property. The City can go in and cut the grass and trim it up and have a fi.fa. issued
through A. J. Welch and the courts at some point. The City needs to take care of this problem because it is
an eyesore.

Mayor Kelley asked if Mr. Pugh has paid the taxes, and if not, Andy Pipkin will be selling it on the court house
stairs. Mr. Welch said there is a provision in the code that allows for abandoned homes and nuisance of that
nature to be condemned. Mr. Welch stated that he will go at it from the tax angle tomorrow morning to find
out and if that is the case maybe Mr. Pipkin can resolve it. If not then the City will just have to deal with the
problem.

BIDS – For Trailer Mounted Drum Brush Chipper.

Southeastern Equipment $41,764.00 *
Vermeer Southeast Sales & Service $46,250.00
Bandit Industries, Inc. $47,900.00

Fred Evans made a motion to go with Southeastern Equipment; Harold Cochran seconded, and passed
unanimously.

BELLAH PROPERTY ON ROCK QUARRY ROAD. Councilman Evans reminded the Council that several
times, people have come before the Council wanting to put businesses at this site. They were instructed that
they must follow City regulation and construct an office building at this location, not a modular or mobile
home. There is a business on this location with a modular building. They have cleaned the lot and he was
just wondering why this has been allowed.

Mr. Strickland advisee the Council that they have moved an office trailer on the back of the lot. He went
down and talked with them and its demolition type of work that they are involved in. They just use it for an
office and to park vehicles. At one time he thought they were burning trash in the front yard.
Mayor Kelley instructed Ted Strickland to keep a check on this business to make sure they keep it up.

TOWN CENTER PROJECT. Councilman Gardner said he wants to know how the City is standing on this
project and if we are going ahead with it. He is getting a lot of phone calls. Mayor Kelley said he thought Mr.
Welch could answer that question. When we sent out the last letters how many more people we have to get
together with.

Mr. Welch said the notices have been sent and we have two key pieces on North Henry east of East Atlanta
Road that we have not been able to obtain options. They are the George and Meeks property. On the other
side of the road we have one tract that has committed to sign the option but has not and another one that is
not going to sign the option. So basically we are looking at a minimum of three (3) property owners to as
many as six (6) property owners if the Council decides to go to the largest tract. If you go to the smaller one,
we are still with the key pieces that we will have to have. The Council’s option are at this particular point, we
have exhausted every effort that we could. We have had them appraised and reappraised we have made
final offers and the only resolution now is to turn it over to the Urban Redevelopment Agency that the Council
has appointed and let them make a recommendation and decision as to whether or not the Council condemns
the properties. If you condemn the properties, of course, you will have to pay fair market value for those
which is what we have tried to do throughout this process. That’s where you are and if you condemn property
you have to have the money then and there to pay for it. What he has tried to do is get the options together
to go to the bond market, get the funds where we can do the entire project and do it correctly with a new city
hall and cleaning up the area and putting in the beautifications that are needed for the downtown area. That
effort is completely derailed until the City either spends out of its general treasury the money to acquire the
properties or they go to the bond market, get the money and then condemn the properties. That is where
the City stands right now. We have looked at several different plans on how to do this.

Mayor Kelley said the next move is to have the Urban Redevelopment Authority meet and make a decision.
Mr. Welch stated that he would gather the members up this week and have a meeting and report back to the
Council.

Mayor Kelley said to follow-up on Vernon Mosses comments, he went to Smyrna last week and they have
done a redevelopment. It really is something. The little booklet they put out does not do it justice. If you go
there and visit, it is a thriving little town within itself. They went up and had lunch and walked around for
several hours and it rejuvenated that portion of their city and we are going to do everything we can to do this
project.

ROSENWALD CIRCLE – Councilman Turner reported that at the first house on the right on Rosenwald Circle
they have a lot of cars parked all over their property and it looks like a used car lot. Mayor Kelley instructed
Ted Strickland to check this out to see what’s going on.
TOWN CENTER – Councilman Moon stated that he as much as anyone wants to see the Town Center
happen so he addressed his comment to A. J. Welch. There has been a lot of finger pointing and he thinks
it time to stop and without saying too much of his personal feelings, do you have all the information necessary
to know how far out or the difference is? Mr. Welch responded “Yes”. And all of the figures are way outside
of the fair market value as determined by the certified appraisers.

ROGER MOSS – THURMAN PROPERTY ON NORTH HENRY BOULEVARD – Ted Strickland advised the
Council that Mr. Moss has sent a letter requesting permission to demolish the houses and clear up the
property and plant grass in order to promote the sale of the property and he needs Council approval to in
order to get with the County to enable him to do this.

Mayor Kelley stated that this question has come up with the County and the County has put it on the City’s
back. The City would love to see this happen to improve this area. The City has no problem with this request
as long as they clean it up environmentally.

Fred Evans made a motion to authorize Ted Strickland to write a letter to Henry County; Steve Moon
seconded, and passed unanimously.

CHRIS CLARK, 116 NORTH LEE STREET, Mr. Clark informed the Council that they decided to sell their
house. Then they were approached by Tina Morrow and they decided not to sell but to go with Tina Morrow.
They were pleased that the City was going to revitalize the area and they would hear from someone within
two (2) weeks. They did not hear from anyone within the two (2) weeks. They received the Optionee
Agreement by FedEx. The letter stated that Mr. Welch was not going to use the first agreement that he was
going to use the second agreement which locks you into a 365 day agreement. Now he can’t move, he can’t
put his house up for sale and he can’t do anything to his house and there’s only two (2) properties left on that
side of the street that the City has any interest in and has settled for a price on both.

Mr. Clark is ready to sell and move to a larger home and he wants to do it now. Ms. Morrow said she would
get back to them in two (2) weeks and they could close in twenty (20) to forty-five (45) days. They went
house looking and found a house and put money down on the house. Went to the bank and got the loan and
spent lots of money there. He spent money on a survey and a home inspector to inspect the house he
wanted to buy. Christmas time coming and he dumped all his Christmas money into this house hoping to
have a new home for Christmas and it didn’t happen.

Now that the City has passed the Urban Redevelopment Plan he is asking the Council to consider purchasing
his piece of property. His life, his family, everything is up in turmoil, they can’t move, they can’t improve, they
can’t let their grass grow and he needs some help one way or another. He spoke with a few of the Council
and they agreed with him. He was hoping that the Council might take into consideration his situation and
see if there is not something that can be done to relieve him from this situation.

Mayor Kelley said that hopefully the Urban Redevelopment Authority will meet and get something resolved
for the whole thing. Mayor Kelley stated that he does not understand why someone when you are dealing
with a government project would say that you can close in two (2) weeks, that’s just not possible.

Mr. Clark stated that he works for a municipality and he knows the City can do what they want to do and
purchase property when they want to. Mayor Kelley said the City will certainly do what we can. Mr. Clark
was supposed to receive a copy of his second signed Optionee Agreement through the mail and he has
never received his copy.

Clerk to send a copy of Optionee Agreement.

Mr. Welch asked Mr. Clark if he is asking to be released from the option where he could sell it to someone
else. Mr. Clark said he could go either way. It is his understanding that the City wants that property and he
hates to do someone else wrong.

Harold Cochran made a motion to adjourn; Fletcher Turner seconded, and passed unanimously. Meeting
adjourned at 7:05 P. M.

Respectfully submitted,

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