---
date: 1995-05-22
title: May 22, 1995 Minutes
source: 1995-05/1995-05-22_May 22, 1995_Minutes.pdf
pages: 1
---

May 22, 1995

CITY OF STOCKBRIDGE
HENRY COUNTY, GEORGIA MAY 22, 1995

The special meeting of the Stockbridge City Council was held May 22, 1995 at 6:00 p.m. with Mayor Kelley
presiding and members present were Harold Cochran, G. W. Evans, W. A. Gardner, F. J. Hunter and Ronnie
Simmons.

Motion to convene was made by Harold Cochran, seconded by F. J. Hunter and passed unanimously.

LARRY DENNIS ANNEXATION. Mr. Dennis presented an application for annexation of 65.00 acres on the
east side of Tye Street. Kent Curley addressed the Council with a brief description and plans for the
development of this property. Houses will be moderate size on small lots 50 x 125. Houses will be covered
with vinyl siding, yards will be sodded and sidewalks will be installed. They plan to construct 215 houses on
the 65.00 acres ranging from $60,000 to $70,000. W. A. Gardner indicated concern over the small lots but
noted these details could be worked out later. Motion was made by Harold Cochran to approve annexation,
seconded by G. W. Evans and passed unanimously.

AMEND MULTIPLE-FAMILY ORDINANCE. A. J. Welch, City Attorney, presented an Ordinance to amend
the zoning ordinance of the City of Stockbridge which limits the number of apartments from eight to four units
per acre. This ordinance was previously amended on April 27, 1995 but this additional amendment is to
make clear that the maximum allowable net density for RM Multiple-Family Living Units, including apartments
and townhouses, shall be four dwelling units per acre. Woody Galloway, attorney for Davis-Stockbridge, Inc.,
opposed the amendment to the Zoning Ordinance as it relates to reducing the density requirements for
Stockbridge Station. His client, Ronnie Davis, purchased this property under the contention that it was
approved for 360 units of apartments and has this week applied for building permits. A. J. Welch, City
Attorney, told Mr. Galloway that construction would be conditional upon Old Atlanta Road and Speer Road
being widened, curbed, guttered and sewered before development begins. Mr. Galloway stated that his client
would pay his fair share for the development of these roads. A. J. Welch asked Mr. Galloway if they had
reviewed the Zoning Ordinance requirements prior to purchasing this property? Mr. Galloway said they
researched the Zoning Ordinance and were aware that the density requirement was 8 dwelling units per acre.
The adjacent property was allowed to construct 12 units of apartments per acre and Mr. Davis would like to
be allowed the same density for his apartment complex. Mr. Davis purchased this property in good faith that
he would be allowed to construct 360 dwelling units on 30 acres of property. A. J. Welch advised Mr.
Galloway that Mr. Davis has made application for 409 units of apartments rather than 360 and this is not an
act of good faith. Mr. Welch made it real clear to Mr. Galloway that the City did not keep Mr. Davis from
inspecting City records. Mr. Galloway stated that his client, Mr. Ronnie Davis, would be willing to dismiss
lawsuit against Mayor and Council if he is allowed to construct 12 units of apartments per acre. Mr. Galloway
informed Council why charges were filed against the Mayor and Council so early is that there is a time limit
of 30 days to file charges from the date construction plans are submitted to Henry County Department of
Community Development for approval. Mayor Kelley recommended the passage of the Multi-Family
Ordinance to lower density from eight dwelling units to four dwelling units per acre. Motion to approve was
made by G. W. Evans, seconded by F. J. Hunter and passed unanimously.

ZONING MAP. A. J. Welch, City Attorney, recommended the City Council adopt the zoning map dated
August 6, 1989 which was previously adopted by the City Council on September 11, 1989. Motion was made
by F. J. Hunter to adopt the zoning map dated August 6, 1989, seconded by Harold Cochran and passed
unanimously.
MINUTES
5/22/1995
PAGE 2

MASADA CABLE PARTNERS, L.P. A. J. Welch noted that the Council was aware of the request for transfer
of ownership form Masada Cable Partners, L.P. to Charter Communications II, L.P. He advised the Council
not to approve transfer until Masada agrees to amend franchise ordinance to provide a franchise fee of 5%
of gross revenues, compliance with FCC performance standards, and reimbursement of the City's costs
associated with its review of this transfer request. The City has also requested a refund per subscriber for
any overcharges from September 1, 1992 through the date the FCC's rules released from March 30, 1994.
Motion was made by F. J. Hunter not to sign request for transfer until Masada furnishes information
requested, seconded by Ronnie Simmons and passed unanimously.

EXECUTIVE SESSION. Motion was made by Ronnie Simmons to go into Executive Session to discuss
acquisition of land.

Motion to reconvene was made by W. A. Gardner, seconded by G. W. Evans and passed unanimously.

Motion to adjourn was made by Ronnie Simmons, seconded by F. J. Hunter and passed unanimously.
Meeting adjourned 6:50 p.m.

Respectfully submitted,

Merle Manders R. G. Kelley
City Clerk Mayor
