---
date: 2002-11-11
title: November 11, 2002 Minutes
source: 2002-11/2002-11-11_November 11, 2002_Minutes.pdf
pages: 1
---

November 11, 2002

EXECUTIVE SESSION

CITY OF STOCKBRIDGE

EXECUTIVE SESSION

NOVEMBER 11, 2002

John Webb, Smith Welch & Brittain, discussed the City's alternatives regarding the loud music late
at night from Chaser's Bar and Grill on Rock Quarry Road. Additional regulations will probably cause a law
suite against the City. Mr. Webb has met with the two people who are complaining about the noise and
what the City may be able to do to help the situation. In the meantime, the Police Department will continue
to monitor the noise.

REGULAR MEETING

CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY GEORGIA NOVEMBER 11, 2002

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

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

Harold Cochran made a motion to approve the minutes of October 14, 2002 Regular Council Meeting and
October 31, 2002 Special Council Meeting.

Mayor Kelley welcomed guests.
2003 PROPOSED BUDGET HEARING. Mayor Kelley presented the Council with a copy of the proposed
budget for their review and comments. The final budget to be adopted at the December 9, 2002 Regular
Council Meeting.

PLANNING AND ZONING

Rezoning:

ROCHELLE LONG requested rezoning from O-I (Office/Institutional) to C-2 (General Commercial). The
property consists of 1.42 acres and is located on the northwest corner of Rock Quarry Road and North Park
Trail in Land Lot 13 of the 6th District. The request is for a strip center with medical offices.

Frederick Gardiner advised Council that Henry County Planning and Zoning approved this project on
September 26, 2002 with six (6) conditions.

1. A final survey plat shall be required prior to issuance of a development permit.

2. A Twenty (20’) foot planted buffer is to be left where the property abuts O-I (Office-
Institutional) on the eastern boundary. In areas devoid of vegetation, a planting
of Leland Cypress trees in staggered rows is required, as to provide a dense
buffer for the neighboring Prep School.

3. All buildings shall be constructed of brick, stone, stucco, glass or any combination
thereof. Planning and Zoning Staff shall architectural review of all proposed
buildings prior to the issuance of a building permit.

4. Primary signage shall be a monument based sign and shall have consistent
character and design detains that reflect the architectural design of the project.

5. An exterior lighting plan shall require all lighting to be of moderate brightness and
consist of downcast lighting.
6. Any dumpster shall be placed on a concrete pad and enclosed with three (3)
sides. The enclosure shall be constructed of brick, stone, stucco and any
combination thereof, and shall be a minimum of eight (8’) feet in height.

Fredrick Gardiner introduced Ms. Long so she could tell the Council what she wants to do. Ms. Long stated
she is requesting a rezoning from O-I to C-2 Commercial. The structure will be two (2) stories and the upstairs
will face Rock Quarry Road and the downstairs facing the day care center will be a medical facility.

Harold Cochran made a motion to approve with conditions; Fred Evans seconded, and approved
unanimously.

Variance:

GIBBY AND BRINSON LAND DEVELOPMENT OF STOCKBRIDGE, GA filed a request for a variance to
reduce the required parking spaces for outdoor storage located in Land Lot 4 of the 12th District.

Frederick Gardiner advised that the request was withdrawn by the Planning and Zoning Staff. No action
required by Council.

AMJAD IQBOL, 5368 NORTH HENRY BOULEVARD – Tanrus Freeman, Planner, Henry County Planning
and Zoning advised Council that Mr. Amjad Iqbal filed a request for a variance to eliminate the twenty-foot
(20’) buffer on the west side of the property, and a ten-foot (10’) reduction of the rear, north side of the
property from thirty-feet (30’) to twenty-feet (20’). The property is located in Land Lot 70 of the 12th District.

Mr. Iqbal advised Council that he owns the property and he plans to construct a fast food restaurant, Long
John Silvers. There was no opposition.

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

Annexations:
ST. IVES DEVELOPMENT, LLC requested rezoning from RM (Multi-family) unincorporated area of Henry
County to RM (Multi-family) within the City of Stockbridge. The property is located on the east side of Flippen
Road in Land Lot 12 of the 6th District and contains 45.37 acres. The request is for annexation into the City
of Stockbridge.

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

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

WATERFORD EAGLES, LLC requested rezoning from RM (Multi-family) unincorporated area of Henry
County to RM (Multi-family) within the City of Stockbridge. The property is located at the east end of Eagle’s
Landing Parkway in Land Lots 1 and 2 of the 11th District and contains 32.5 acres. The request is for
annexation into the City of Stockbridge.

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

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

ASHLEY WOOD APARTMENTS–Annexation of Unincorporated Island under O.C.G.A. Section 36-36-92.
The property is located on the east side of Rock Quarry Road in Land Lot 4 of the 12th District and contains
11 acres.

Ted Strickland explained that this property is the apartment complex adjacent to the Gardens homes on Rock
Quarry Road. This portion has been an unincorporated Island ever since the surrounding property was
brought into the City by J. T. Williams and this annexation will bring the entire area into the City.

Harold Cochran made a motion to approve initial zoning from RM (Multi Family) unincorporated Henry County
to RM (Multi Family) within the City of Stockbridge; Fred Evans seconded and passed unanimously.

Fletcher Turner made a motion to approve annexation into the City of Stockbridge; W. A. Gardner seconded
and passed unanimously.
JAMES V. GRESHAM – Annexation of Unincorporated Island under O.C.G.A. Section 36-36-92. The
property is located on the south side of Country Club Drive in Land Lot 19 of the 6th District and contains
1.22 acres.

Ted Strickland explained this is another unincorporated island surrounded by the City. It is located west of
Eagle’s Landing County Club.

At this point, John Webb interrupted Mayor Kelley and said he thought there might be a procedural issue that
Andy Welch is concerned about as to whether the rezoning should be opened to discussion on the rezoning
prior to the vote on the annexation and then a vote on the rezoning. Andy Welch agreed that a hearing on
the rezoning and then have the motion for annexation and then a motion for rezoning.

Mayor Kelley responded that he thought that’s what the Council is doing. Mr. Welch said the Council is doing
just the reverse. John Webb said that instead of voting for the rezoning then voting for the annexation, there
should be discussion on the rezoning and then vote on the annexation and then vote on the rezoning. Mayor
Kelley responded that the way we have been doing annexations is the way the Council has been instructed
to handle them and they will continue with the current method of handling annexations.

Fletcher Turner made a motion to approve initial zoning from C-2 unincorporated Henry County to C-2 within
the City of Stockbridge; Fred Evans seconded, and passed unanimously.

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

OLD BUSINESS

NEW BUSINESS

CONOCO FOOD MART, 2240 HIGHWAY 42 NORTH, STOCKBRIDGE/MCDONOUGH, GA - The new
owner Sabina Ali has made application and completed all requirements and background check as required
by the Alcohol Ordinance. Mayor Kelley asked if anyone had any questions regarding this matter.
Fred Evans made a motion to approve alcohol license; Fletcher Turner seconded and passed unanimously.

GREG WATKINS, 55 Pinecrest Dr – requested an off premises sign at Love St and East Atlanta Road.
Mayor Kelley asked Mr. Watkins if he owns the property. Mr. Watkins answered that a good friend, Steve
Cox has given him permission to put signs up and he needs a permit to do that. The signs are real estate
size signs and he displayed a sample 12x18 sign to the Council and what he would like to put up is a full size
real estate sign which is 18x24. He is asking for two signs to advertise his home based store-website. Mr.
Watkins’ business is located in his home at 55 Pinecrest Drive in the Fairview area.

Mayor Kelley responded that the City does not allow these types of signs within the City even if you own the
property. The Mayor stated that he was not going to recommend to the Council that we allow a sign to go up
to advertise a business in the Fairview area. The City has fought this battle for many years and if the Council
approves his request, the City would be covered with signs.

Mr. Watkins advised the Council that the lot is zoned commercial but is not buildable and he thought this
would be a good use for the lot.

Harold Cochran made a motion to deny request for a sign permit; Fred Evans seconded, and passed
unanimously.

CLAYTON COUNTY WATER AUTHORITY asked permission to replace their sixteen inch (16”) water line
with a twenty-four inch (24”) waterline. They propose that the new line will take a different route than the old
line.

Mayor Kelley the new route looks to be a better route than the old route because they plan to stay on the
right-of-way. The old route cuts across property and he recommends approval subject to review by Smith
Welch and Brittain to make sure everything is legal.

W. A. Gardner made a motion to approve the new route subject to review by Smith Welch and Brittain; Harold
Cochran seconded, and passed unanimously.

DOWNTOWN DEVELOPMENT AUTHORITY – Mayor Kelley advised that the Council needs to appoint
new and reappoint members to the Board of Directors. To be effective January 1, 203.
G. W. Evans - 4 year term
Ronnie Simmons - 4 year term
Willie Goggins - 2 year term
Raleigh Moseley - 2 year term

W. A. Gardner made a motion to approve G. W. Evans for a 4 year term; Fletcher Turner seconded, and
passed unanimously

Fred Evans made a motion to approve Ronnie Simmons to a 4 year term; Harold Cochran seconded, and
passed unanimously.

Harold Cochran made a motion to approve Willie Goggins to a 2 year term; Fred Evans seconded, and
passed unanimously.

Fred Evans made a motion to approve Raleigh Mosley to a 2 year term; Harold Cochran seconded, and
passed unanimously.

RAYMOND PHOENIX, 305 GAELIC CIRCLE (THE TERRACES AT EAGLE’S LANDING SUBDIVISION)
wants to discuss the rates for home occupation customers. Mr. Phoenix said any trash or garbage his
business generates he can dispose of himself and thinks the sanitation tax is unfair.

Mayor Kelley explained that home occupation customers pay $12.00 per month. Technically, the City should
be charging $8.00 for residence and $12.00 for his business which would be $20.00 per month and Mayor
Kelley recommended denial of this request.

Harold Cochran made a motion to deny request; W. A. Gardner seconded, and passed unanimously.
SANITATION RATES – Mayor Kelley informed the Council that Jimmy Whitaker, Meeks and Whitaker,
CPA, upon auditing the City’s financial status recommends a rate increase of $1.00 per month per customer
to be effective January, 2003.

Residential Customers $ 9.00 per month
Home Occupation Customers $13.00 per month
Commercial Customers $16.00 per month
Industrial Customers Contract with private
dumpster services.
Harold Cochran made a motion to approve new sanitation rates to be effective January, 2003; Fletcher Turner
seconded; and passed unanimously.

GEORGIA ENVIRONMENTAL FACILITIES AUTHORITY (GEFA) has changed their program to use
electronic debit transactions for loan repayment. This new program will save the City both time and money
by participating in the pre-authorized debit program. The Council will adopt a resolution authorizing GEFA
to debit general fund for loan repayments and authorize the Mayor and Clerk to sign the resolution on behalf
of the City Council.

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

PERSONNEL POLICY – Mayor Kelley advised that the current Personnel Policy has a mandatory retirement
age of 70. The Council must authorize the Mayor and Clerk to sign Resolution to delete this section from the
Personnel Policy.

Harold Cochran made a motion to authorize the Mayor and Clerk to sign resolution to delete the mandatory
retirement age of 70 from the Personnel Policy; Fred Evans seconded, and passed unanimously.

TAILORED BUSINESS SYSTEMS – Mayor Kelley advised the Council that they will review contract for
services to process and mail water bills at a cost of $.50 per customer that was discussed at the last meeting.
The Clerk checked into the questions the Council had at the last meeting and everything is in line.

Harold Cochran made a motion to approve; Fred Evans seconded, and passed unanimously.
JUNK ABATEMENT ORDINANCE – Mayor Kelley said that Andy Welch will introduce the amendment for
the abatement and disposal section of the Junk Abatement Ordinance. The ordinance had not been received
by Clerk.

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

PLANED TOWN DEVELOPMENT ORDINANCE. Mayor Kelley asked Andy Welch to present the ordinance.
Mr. Welch advised that this ordinance was not ready to be voted on at this meeting and he recommends it
be tabled.

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

EXECUTIVE SESSION

Fred Evans made a motion to go into Executive Session; Harold Cochran seconded, and passed
unanimously.

John Webb, City Attorney, recommended discussion of possible litigation.

Harold Cochran made a motion to reconvene regular session; Fred Evans seconded, and passed
unanimously.

Ted Strickland announced that the house on Tye Street that the City has been working on for at least five (5)
years and been demolished and the yard grassed and the City will put a lien on the property to recover funds
spent by the City to clear the property.

Fred Evans made a motion to convene; Harold Cochran seconded, and passed unanimously. Meeting
adjourned at 6:55 P. M.

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