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date: 2005-11-14
title: November 14, 2005 Minutes
source: 2005-11/2005-11-14_November 14, 2005_Minutes.pdf
pages: 1
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November 14, 2005

CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA NOVEMBER 14, 2005

The Regular Meeting of the Stockbridge City Council was held November 14, 2005 at 6:00 P.M. Mayor R.
G. Kelley presided and members present were Harold Cochran, Fred Evans, W.A.Gardner, Steve Moon and
Leila Turner.

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

Steve Moon gave the invocation.

Harold Cochran made a motion to approve the minutes of the October 10, 2005 City Council Meeting; Fred
Evans seconded and passed unanimously.

Mayor Kelley welcomed guests.

BUDGET HEARING: Mayor Kelley to present the 2006 Proposed Budget and asked the Council if they have
any changes they would like to make and ask if there are any comments from the public. The final version of
the budget will be adopted at the December 12, 2005 Council Meeting.

ITEMS TO BE INTRODUCED BY A. J. WELCH, CITY ATTORNEY. Mayor Kelley turned the meeting over
to Mr. Welch to discuss a number of items.

Mr. Welch began with the Urban Redevelopment Project. The Council has been provided with copies of
documents that he will be discussing. They are not in order as shown on the agenda and first are the City of
Stockbridge Design Guidelines. These are the guidelines that will be used to develop the Urban
Redevelopment area. These are guidelines that staff has been working on along with The Sizemore Group
for an expended period of time. The guidelines are now in the final form. It allows full development of
property; it sets out what the buildings and facilities are going to look and how they are going to operate and
sets out also the development of the new City Hall, the parks, the green areas, etc. It is important to note
that the zoning on the properties as it applies to the three property owners that have not signed the agreement
with the City to sell their property that we will be going through later on. They have been provided with a
copy of this design and a copy of the proposed Urban Redevelopment.

You have before you also a Resolution that deals with the Urban Redevelopment Agreement. We have three
separate property owners that have not signed options to sell to the City and they are: Horvath, Gramm and
Cook property. The Cook property is commonly known as estate property or heir property. This is property
that the title has passed down from older generations to people that do not have wills or if they do have a
will, the property was not conveyed out of the estate. By operational law, the title vest is the heirs of law. All
of the heirs of law except for one have signed. Typically, we do not think we have to alter an Urban
Redevelopment Plan to that person since all the other property owners have agreed to sell. He would like to
offer that to Mr. Cook and we have not heard back from Mr. Cook. He was sent a notice that we are having
a meeting tonight and he could come and comment on the record if he wished; as we did on all the other
property owners. As to the other two property owners, they have been provided a copy of the Development
Agreement, a copy of the guidelines and how it will be developed and the agreement itself. We have had
the City’s engineer and the architect to compute what amount the Agency and the City require in the way of
a bond. The way the law works on this is relatively simple. You offer to buy the property and they say they
don’t want to sell, they want to reclaim the property and develop it under the guidelines, and then you present
to them a Development Agreement. This is an agreement that you say is in the best interest of the public
and the best interest of the City to protect your interest. We have gone further than that by providing these
copies to them early on asking that they comment on them. Asking them to give us specific language that
they want to change. As far as Gramm is concerned, all we received back is a letter from her lawyer
commenting on it but not giving specific language as to change. In the proposed Resolution we have tonight,
if you approve this agreement, they will be signed, sent to them for execution. If they do not execute by the
November 25, 2005 and return, then the Agency has authorized the Council to go forward to acquire the
property by condemnation. If they elect to sign the Agreement, here’s how the agreement works. There is
a schedule of development; they have a certain definite plan of development. They have certain things
completed by certain dates. The Council has a copy of the schedule that has been sent to them and had an
opportunity to review. Basically, what happens is they have sixty (60) days from the date that they sign the
agreement to hire an engineer and start the process. They have two hundred and forty (240) days from the
date of execution and everything is from the date of execution; everything he is talking about is from the date
of execution. They have two hundred forty (240) days to complete the draft of the plans, surveys, and
property. They have to submit those within the two hundred and forty (240) days. They have forty-five (45)
days to correct any red lines on the plans. They have ninety (90) days after the approval of the plans to start
putting in the infrastructure. They have four hundred twenty (420) days after the date execution in which to
complete the infrastructure. They have to have one third (1/3) of the structures built by July 1, 2008; one
third (1/3) of the structures built by July 1, 2009 and completed by July 1, 2010.

In order to insure that they comply with this, a bond is required. The law requires that a bond be obtained,
there is no acceptation to that. The final figures are for the Gramm property and now this is for what we call
infrastructure which consist of clearing, grading, roads, water, sewerage, gas, and stormwater retention to a
point where a person can come in and actually build a building on the property itself, so it is a ready pad for
development. The Gramm bond will have to be $210,567.17. This includes the streetscapes that are shown
in your guidelines that you have a copy of.
As far as the Cook property is concerned it is $150,000. As far as the Horvath property because it’s a much
larger tract than the others, its $2,072,722.03. The way this works is they post the bond, if they should default
we give them notice of it and if they don’t cure the default, then the entire agreement is declared in default
and the City collects the bond. When you collect the bond then it’s the City’s responsibility, once the City
acquires the property, to go in and do the same thing the City was requiring of the Horvath’s; which is put in
the streets, etc like what is going on the rest of the property.

In this document is an option that they are required to sign. That option says if they default, then the City has
the right to buy their property and the way they buy their property is: There are three appraisers appointed.
One selected by the property owner, one selected by the City and one selected by the Superior Court Judge
of Henry County. If the appraisals are no more than ten (10) percent apart, they are averaged and that
becomes the price. If they are more than ten (10) percent apart, the two that is the closest together are
averaged and that becomes the price. Then the City has so many days to pay them and if we don’t pay
them, they are out of the agreement and the City does not have to go father with it. Of course, the City could
not collect on the bond unless the City is going forward with the agreement. Now the bond will remain in full
force and effect and this agreement will apply if they start a development and default and the City could
collect on the bond or if they are in the process of developing and default the City could collect on the bond.

Now, there are some overlapped areas that are covered in the agreement and in the guidelines if you have
overlapping areas. The City will go in there and develop the overlapping areas, the cost would be shared
based upon a square foot basis and when the property is sold, the City would recoup their square foot cost
on it and the property owner would get their share of the sales price based on the square foot cost and
everyone gets their money and the development is complete.

You have before you a resolution that has been approved by the Agency. This resolution declares that the
Council adopted the City of Stockbridge Design Guidelines of October, 2005 and then the Council approve
the Development Agreement as it applies to each of the property owners and you say to the Agency that you
have no objections to them proceeding to acquire the properties in the way of condemnation. The Agency
has already adopted an ordinance authorizing the condemnation back in August. We are directed under the
ordinance to move forward after the 25th of November assuming the property owners do not sign. We would
recommend to the Council that they approve the resolution tonight and he will be glad to answer any
questions the Council may have concerning the first Resolution, the Development Agreement or the
Guidelines.

Mayor Kelley asked if there are any questions. The Council had no questions. Mr. Welch advised the Council
to make separate motions for each property.
Gramm Property – Fred Evans made a motion to approve the Resolution on the Gramm Property; Harold
Cochran seconded, and passed unanimously.

Horvath Property – Fred Evans made a motion to approve the Resolution on the Horvath property; Steve
Moon seconded, and passed unanimously.

Cook Property – Fred Evans made a motion to approve the Resolution on the Cook property; Steve Moon
seconded, and passed unanimously.

AGREEMENT WITH GORDON MORTON – Mr. Morton is the financial expert the City hired to advise them
on the financing of this particular project. This is the same agreement letter that was sent out a number of
months ago. The Council has not taken a formal vote to approve that agreement. We have a resolution that
he recommends the Council approve tonight. The Council started out with this same agreement. There is a
clear understanding in the agreement that there is only one charge per bond issue. Some of these items
Gordon Morton will explain to the Council, we finance tonight and we refinance by way of tax free bonds and
then some with non-tax free bond that has been previously discussed. Mr. Welch recommended that the
Council adopt a resolution to employee Mr. Gordon Morton tonight to handle the financial matters.

Fred Evans made a motion to adopt a resolution to employee Gordon Morton; Steve Moon seconded, and
passed unanimously.

AUTHORIZATION RESOLUTION will allow the Mayor and Council to buy the bonds from the Agency. The
Agency is floating the bonds, they will be taking title to the property and the Council will be buying the bonds
from them and taking title to the properties. The title will come back to the City and will be owned by the City.
The Council is pledging the City’s credit to pay for the bonds which simply means that if there is not enough
money generated from the sale of bonds then the Council will have to pay for that with City’s bonds or attach
levy. They have provided what they anticipate as the worst case scenario would be in this particular matter.
Mr. Whitaker, City Accountant, explained early on in this process back a year ago what the City could do
financially and how they could handle it financially. All of this is within those guidelines and Gordon Morton
will explain to the Council the results he has received when putting this out for bids and there is some good
news on that point.

Gordon Morton thanked the Council for approving his agreement with the City. He thanked them for giving
his an opportunity to work with the Council on this exciting project. Mr. Morton pointed out that A. J. Welch
referred to the Council as buying bonds but it should have been the property. The obligation that the Council
will have is to pay the bonds. They took proposals from all of the banks in Henry County by letter and told
them generally what we are talking about doing and ask them for responses. We got responses from banks
headquartered in Henry County. We also sent proposal to the major Atlanta banks and got responses from
three (3) of the four (4) major Atlanta banks, Bank of American, Wacovia and SunTrust. The best proposal
received was from Wacovia. What the City is doing has a lot of moving parts to it but it also means that the
Council needs flexible financing plan. Part has to be financed on a taxable basis and part can be financed
on a tax exempt basis. The taxable parts will get paid off, so that needs to have the ability to borrow when
needed and pay it back when revenues are received from the sale of property. On the tax exempt side which
is doing things like streetscapes, lighting, etc. a part of that can be financed on a tax exempt basis but it is
expected that part of that will be paid back as the property gets developed and sold. We have to have the
ability on taxable basis and tax exempt basis to borrow what is needed and pay it back when we have
revenues.

Then, there is the component for City Hall that needs to be put on permanent long term basis, so we need a
fixed rate for that. What Wacovia has given us is that kind of flexibility in their proposal.
Tonight the Council is going to hear approving what this resolution $4,500,000 in taxable paper. In
December, 2005 we are going to come back and ask the Council to approve a resolution for $7,330,000 of
fixed rate, long term tax exempt. That we see is going to be what we hope if everything goes on the optima
side of everything the Council will have leftover and that represents a little less than the total cost of City Hall.
That will be back to do the first week of December and part of the proceeds of that are going to pay down the
taxable that we are borrowing because part of what we are buying with taxable paper we are going to be able
to ultimately to do on a tax exempt basis. We will use part of the $7,000,000 to pay that down and over the
next two (2) years we will have borrowed some taxable from time to time and some tax exempt floating rate.
At the end of the day if everything goes on the optima side of everything that has been projected, all we will
have left is the $7,330.000 long term. If it turns out that it want go on the optima side and we have to have
some leftover, we have the ability to do that on fixed rates toward the end of the program. It is all the flexibility
that the Council could possibly ask for and on very attractive terms. The taxable borrowing interest rate is a
floating rate. The reason it’s a floating rate is we’re only going to do it until August, 2008. We may pay it off
sooner than that and we want the ability to draw when we need it and pay it off when we need it so it needs
to be on a floating rate and that’s thirty (30) day (LIBOR) which is a London Inter Bank Offer Rate bank speak
for short term thirty (30) day interest rates. Plus eight (80) basis points on the taxable piece. On the tax
exempt piece it’s sixty-seven (67%) percent of LIBOR plus fifty-four (54) basis points which is fifty-four one
hundreds of one (1%). That is a very attractive rate for the Council to borrow on. We will borrow as much
tax exempt as we can because that’s the cheapest borrowing. We have the capability of borrowing taxable
for those parts of the project that have to be done on a taxable basis. He is very pleased with the response
from the banks and the negotiations with Wacovia and we have a great financing package that gives the
Council all the flexibility the Council needs to accomplish this project. He is going to do as optimally as
possible with as much tax exempt which is our lowest borrowed money. Mr. Welch mentioned in our letter,
we iterate that when we come back in December we are going to borrow the taxable piece but we are going
to pay some of it down. Mr. Morton doesn’t get paid on some of those, he gets paid on the $7,000,000 minus
whatever we pay off on the other so he does not get to double dip on any of the financing costs, he only gets
paid one time for the cost and that was a requirement of the Mayor and Council when he made their proposal
and that is the way its going to be.

Mr. Welch said the authorizing is before the Council and the original and he has a number of copies to be
signed. The resolution go through step-by-step what the requirements of the law are. It authorizes the Mayor,
Mayor ProTem and the Clerk to sign the necessary documents to complete the transaction and it is staff’s
recommendation that the Council approve this tonight.

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

PLANNING AND ZONING

HIGH RISE MIXED USE OVERLAY DISTRICT – To amend Title 8, Chapter 8.36 of the Code of Ordinances
by inserting Section 8.36.230 entitled “High Rise Mixed Use Overlay District.

Ray Gibson, Henry County Planning and Zoning staff feels this particular overlay district should have more
public input. However he has worked with Andy Welch addressing all the concerns they have except the
public involvement which will be up to the Council. The major change they have made has been the
amendment to the overlay boundaries. The boundaries were reduced based on a meeting with residents
from Windsong Plantation.

Kathy Gilbert, 120 Willow Hill Lane, Windsong Plantation, is a member of the Windsong Plantation Property
Owners Board of Directors as well as the Comprehensive Land Use Steering Committee. When she heard
of this ordinance request entirely by accident about a month ago at a Planning and Zoning Board Meeting
where she was there to help represent the interim Land Use Plan to the Planning and Zoning. As a result
she realized they had an issue in Windsong Plantation. She commanded Planning and Zoning for listening
to Windsong Plantation and taking the parcel north of Eagle’s Landing Parkway out of the proposed
ordinance. It was not appropriate in the beginning and she is glad to see they have been removed and she
hopes the Council will approve the ordinance with those recommendations. She would also like to address
the fact that in the Planning and Zoning staff recommended that there be some greater public input in the
future, particularly in section F that a design review board be established and be appointed by the Mayor and
City Council to include Citizens and review plans submitted for this area and other areas within the City of
Stockbridge. It is important that citizens have some say in areas that will affect them as significantly as this
will in the Eagles Landing area. She stated that she would respectfully submit and ask that the Council
consider including some sort of public input to review designs for any future development in this area as well
as other areas of the City of Stockbridge. By the way as a board member of Windsong Plantation she has
had input from many of their residents and several are present. They are grateful to know that this
development will not be taking place in their back yards.

Mayor Kelley responded that the Council will certainly take into consideration doing what they have requested
with future projects.
Frederick Gardner, 410 Gresham Drive, Brentwood Subdivision, stated that they had no idea that this overlay
district was any where near their subdivision. He asked that the Council table this matter until they can see
what is going on. Mayor Kelley advised that the City is not approving a twenty-seven storey building tonight.
This is not a blanket thing to approve a building anywhere. The Council will take into consideration in the
request to build anything where it will affect a neighborhood. If it backed up to a neighborhood and it would
be overlooking your neighborhood from the top floor, the Council would take into consideration anything like
that. This meeting tonight is approving an overlay district. Mayor Kelley assured citizens that any future
buildings would be properly advertised and public input would be part of the process.

Steve Moon reiterated that what Ray Gibson was talking about is that maybe there is someway to improve
communications between the Council and the public and the design review group. This would be more
informational but not as an approval group so the public is aware of what is going on. As plans start coming
forward the Council can get the word out. Mr. Welch said that everyone needs to understand that this does
not take away zoning, it just creates the district. The applicant must still make an application for zoning under
the district so you have a public hearing on it. Then at the recommendation of staff there is an additional
public hearing that was held on the plans themselves. If a person comes in and says he wants to build and
wants to get it zoned and gets it zoned, then he has to come back with his plans and there has to be a public
hearing on the plans where you can actually see what’s going to be done.

Fred Evans made a motion to approve the High Rise Mixed-Use Overlay District Ordinance; Harold Cochran
seconded, and passed unanimously.

Variance

ERIC FIER, MD is requesting a variance for a tract of land located in Land Lot 11 of the 6th District. The
property contains .32 acre and is zoned OI (Office/Institutional). The variance would involve reducing the
ordinance setback requirements. Ray Gibson, Henry County Planning and Zoning advised the Council that
Dr. Fier is requesting setback variances to construct a 6,300 square foot two story medical building. His
request is for setback variance on Hospital Drive from 50’ to 15’ a thirty-five foot variance. A front yard
setback on Medical Way from 37½’ to 15’ a twenty-two and one half feet (22½) variance. This whole string
of lots in this particular area are true lots and that means it a difficult situation in lots that are only 14,000
square feet and the size makes it difficult to locate a building on these lots. The Zoning Staff recommends
denial.

Mayor Kelley asked if these variances affect the parking area. Mr. Gibson said it will affect the parking area.
Eric Fier, Pediatric Psychiatrist for five (5) years and his current office space is a rental space on Eagles
Landing Parkway. He purchased the piece of land which is kind of in this unusual corner near the Henry
Medical Center. It has Hospital Drive on one side and Medical Boulevard on the other side. It has a third
front yard on Medical Way and is approximately one third (1/3) of an acre. It has three front yards and three
front yard variances. He bought the lot because it is close to his existing location. He specializes in the
treatment of autism and there are very few doctors on the south side who work with children with autism. His
goal is to build a medical specialty building to cater to children with autism.

The building will have 6,700 square feet, two stories with elevator, attractive aesthetic building that will match
the style brick and beautiful façade of the Henry Medical Center. He laid out 17 parking spaces that will
accommodate the number of practitioners that will be working in the building and if it’s kept in the current
setbacks, 50’ and 50’ on the opposite side would only leave him forty (40’) feet to build on and would reduce
his effective office space meaning he could only use twenty-eight (28%) of his land in keeping with the current
setbacks. He recognizes this is an awkward request but the lot itself if such an awkward position. All the
other buildings along Medical Boulevard and Hospital Drive were constructed prior to Hospital Drive
becoming Hospital Drive and they are all setback 15 to 20 feet and his will be 50’ back and so again keeping
with the setbacks he is being asked to center his building in the middle of this lot, a building would end up
just being a one storey building and 2,000 square feet. He has worked diligently with his architects to find a
way with the current setbacks to configure it so that he can work without having to go through the various
process and all he can come up with is a 2,000 square foot storey building with seven parking spots that
really wouldn’t be viable in terms of what he is trying to accomplish. He is requesting to have the setbacks
that his building will be parallel to the other buildings all in the same line along Medical Boulevard and Hospital
Drive. He would have his 17 spots of parking in the front and consistent with all the other buildings on Medical
Boulevard and the back of the building would be beautifully landscaped. He presented the Council with a
scamatic of the building he is asking to build and the other is what he would be forced to build in keeping with
the current setback requirements. What he is trying to build will not infringe on any of his neighbors.

Mr. Welch reminded the Council that the City has given variance on this entire tract but the only key that
everyone has to comply with was to make sure they have enough parking spaces and that’s the key. Ray
Gibson advised that when Dr. Fier combines his lots he takes them up to Plan Review to get them sign off
on they will deny the request so Mr. Gibson needs something from the Council saying it be approved then
they can move forward. He just needs some guidance from the Council to move forward. Mr. Welch advised
that the City has prepared a resolution for the Council’s consideration and that should take care of the matter.

Dr. Carl Sutton and he will be Dr. Fier’s neighbor and he has been practicing orthopedic surgery on the Henry
Medical Center campus for 14 years. He has been at his present location for 6 years. Not to contradict what
Mr. Welch said but he asked for variances and he could only build a 10,000 square foot building. Parking
was the issue and he was told that for a medical building you need 4 parking spots for 1,000 square feet. Dr.
Fier’s plan shows 6,300 square feet and it has increased 400 square feet. To scale if the setbacks are not
on the plan his usable land space increases by 50 percent. Parking is a difficult problem and he has 16 spots
and it’s a high density area and the new Williamson Pavilion is going up in the area and frankly he is
concerned with congestion and his patients parking on his lot and in the streets. It is a problem and he was
told when he built his building you need 4 spots per 1,000 square feet. That was a hard and fast rule then
and he thinks with the increase of office building in that area he believes it should be adhered to.

Mr. Welch pointed out that the resolution would require Dr. Fier to meet the minimum parking requirements
and if it requires more than 17 spaces he will have to make adjustments on the size of his building to comply
with the ordinance. What the Council will be giving a variance on is the setback on the building not a variance
on parking. The buildings that are close to the street were given variances.

Dr. Fier stated that when he looked at the specific ordinances with respect to the parking it appeared that it
would be 6 spaces per medical provider. It would be himself and one other medical provider. He would take
the second floor and one other provider will take the first floor which would be 12 spaces. If he has a therapist
that was working with him it might require a couple of extra spots so he planed for 17. Right now he has an
external stairwell taking up one of those spaces which he may or may not need to use so he probably has 17
spaces. Unlike regular pediatricians who sees many patients an hour he only sees one patient per hour.
There should be no problem with his neighbors regarding parking.

Harold Cochran made a motion to approve variance;

Steve Moon asked if this matter could be tabled until the Council knows for a fact regarding the parking
spaces. Mr. Welch advised that the ordinance requires that they meet the parking requirements. The Council
is not granting a variance on parking spaces. He can ask for a 12,000 square foot building but if he can’t get
the parking on it, they would not approve the plans. The Council’s safeguard is that the Council is not
approving this plan as submitted; the Council is only approving the setback requirements. If he can’t put in
the required parking, he would have to reduce the size of his building, so the Council is covered.

Dr. Sutton pointed out the physician extenders are as busy as or busier than the physicians themselves.
Parking is a major issue.

Mr. Welch responded that parking spaces are based on the square footage of the building.

Steve Moon seconded, and passed unanimously.

Annexation
WINDSONG PLANTATION OWNERS ASSOCIATION, INC., 508 COUNTRY CLUB DRIVE, is requesting
annexation into the City of Stockbridge. The property is located in Land Lot 14 of the 6th district and zoned
RM (Residential/Multi-Family). Michael Helm, President of the Windsong Property Association, stated that
some of their homeowners are located in the unincorporated area of Henry County and the majority is located
within the City. Their large pool area is in the City and the small pool area is not. What they are trying to do
is enjoin the properties so they can pay one sanitation service.

Fred Evans made a motion to approve annexation into the City of Stockbridge; Harold Cochran seconded,
and passed unanimously.

LISA GLOVER, HENRY COUNTY TRANSPORTATION PLANNING MANAGER, Mayor Kelley introduced
Mrs. Glover who addressed the Council regarding the Comprehensive Transportation Plan for the cities and
Henry County.

Mrs. Glover advised the Council that she was here to reinforce the plan consultant and project manager and
she will give the Council an update on the plan. They have started to work on the plan and this is just an
update to let the Council know where to come to be involved in the decision making process and the
development of this plan. She introduced Janie Cochran.

Mrs. Janie Cochran advised the Council that she is the project manager on the Henry County/Cities
Comprehensive Transportation Plan and she is here tonight to give the Council a short update on where they
are. There is a handout in our package that gives a brief description of some of the activities for the next
several months.

The project started in early August. They have met with Ted Strickland, City Manager, collecting dated
information about transportation needs in the City of Stockbridge. They are on an 18 month schedule to
February, 2007. As you know this is the first time opportunity that the County and Cities have come together
under one project to develop a county wide transportation plan. We basically have four major decision
periods over the next 18 months and she wanted to let the Council know about those. Right now they are in
the first phase of the study. From now to the end of the year they will be collecting and much data and
information as they can. Transportation data, data on land uses, environmental issues and all of the factors
that influence the transportation system. They are working very closely with Henry County and Cities to
coordinate the transportation plan with the land use plan that the County and Cities are working on as well.
They plan by the end of December, 2005 is to have a very good understanding of transportation issues and
problem areas so they can be addressed in the plan as it develops over the next 18 months.
The second phase of the project extends from January to March, 2006. At that time, they will start numerous
public workshops throughout the county. They will have meetings in Stockbridge as well as the cities and
other parts of the unincorporated area to talk about what they have learned about how well the transportation
system is working now and how long they expect it to work given future development trends. They will start
having conversations with citizens and local officials think what the developing trends will be and how that
will impact transportation. So by the end of March, 2006 they hope to have a set of goals and objectives that
the cities and county can agree upon that will be the future direction for the plan they develop.

The third major phase of the project actually developing the heart of the plan and that happens between
March and October, 2006. They have a very important deadline to meet in the fall of 2006. That is when the
Atlanta Regional Commission is updating their regional transportation plan and at that time, they will be
asking all the local jurisdictions for their ideas of the projects they would like to see as part of the regions
transportation plan. It is very important that we have all our plans and ideas together that we want pursued
so we can feed into ARC’s project and be more successful in getting state and federal transportation funds
back to Henry County. We will have a large number of workshops during that period so citizens throughout
the county can weight in on what projects they think are important to include in the plan.

The final things in the plan will be from November through February, 2007 and that is where they will be
refining the final plan, taking it to the Henry County Commission and the cities to hopefully have all the
jurisdictions adopt the plan. Once we have a plan developed, we can move forward in each of our individual
areas to implement the important projects included in the plans.

Mrs. Cochran said that she mentioned before that citizens and local officials need to become involved. They
have a steering committee and a public involvement advisory committee who are helping with the project. In
fact, they are having their first meeting here in Stockbridge on Wednesday at the Merle Manders Conference
Center. They have a project website being hosted on the Henry County web page so much of the information
as they go along will be included on line so it will be easy for citizens to understand what is going on with the
plan and keep track of what they are doing. They will have community workshops as mentioned before,
briefings from time to time to let us know how they are progressing. They will mail quarterly new letters as
well as electronic news letters. They have a listing on the table if you would like to be added to the email
distribution list. Mrs. Cochran introduced her staff.

JIM BUTCHER, DIRECTOR, URBAN REDEVELOPMENT AGENCY, asked that he be given permission to
interrupt the meeting. Mayor Kelley granted permission.

Mr. Butcher said he would like to reconvene the Urban Redevelopment Agency for the purpose of adjourning.
He asked for a motion to adjourn. Motion and second to adjourn; motion carried.
MIRANDA ROBERTS, DIRECTOR, MM CONFERENCE CENTER, to discuss raising the rates to lease the
conference center. Ms. Roberts stated there were slight increases for leasing the facility as well as packages.
These rates and packaging is in line with industry standards and trends.

Steve Moon made a motion to approve; Harold Cochran seconded, approved unanimously.

GOD’S LITTLE ANGELS HOME DAYCARE, DIANNE M. BLUE OWNER, 353 SUNDERLAND WAY – is
requesting an occupational license to operate a home daycare business at this locations.

Mayor Kelley asked where her home is located. Mrs. Blue responded that she is off Walt Stephens Road in
Wingate Lakeside Subdivision. A. J. Welch asked if she checked the restrictive covenants of Wingate to see
whether or not that’s allowable in the subdivision. Mayor Kelley asked if there was anyone present regarding
this matter. He stated that with the problems the City has had with day cares over the past few years, he
recommends denial of day care centers in a subdivision. People buy homes in a subdivision because they
are family oriented. If the covenants don’t allow it, she would not be allowed anyway and this will have to be
checked out.

Steve Moon asked if she checked with her neighbors to see if they have a problem with this. She responded
that she has approval from the Homeowners Association. It was pointed out that she has submitted
documents with her application for a home occupation. Mr. Moon asked what type of protection she has
prepared for the children. She responded that she fenced the yard. Mr. Moon asked how many children she
is planning to keep. She responded 6. Ted Strickland said he gets constant calls where people have opened
day cares in subdivisions. There are 2 in Monarch Village and the neighbors are constantly complaining
about noisy children in their side and back yards without adequate fencing and play equipment. These are
things he deals with on a regular basis and people don’t want them in their subdivisions.

Councilman Evans pointed out that in the past with other home occupations, the neighbors complain about
the increased traffic and home day care would cause additional traffic in a residential neighborhood.

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

COMMUNITY CHRISTMAS FOR THE NEEDY PROGRAM, DENESE A. RODGERS, CHAIR. Mayor Kelley
explained that this program is coordinated by the Stockbridge Presbyterian Church and is a community
outreach program. Any funds appropriated go the program, not the Church. $3,000 was appropriated in
2004.
Harold Cochran made a motion to appropriate $3,000 for the outreach program; W. A. Gardner seconded,
and passed unanimously.

MIKE REIS, AGENT, THE TERRACE AT EAGLE’S LANDING, PROPOERTY OWNER’S ASSOCIATION,
INC. In the absence of Mike Reis, David Williams was present requesting the Council consider installing stop
signs at Concord Circle/ Greenland Drive and Gables Court/Greenland Drive. Mayor Kelley told Mr. Williams
that Ted Strickland would check into the matter and if these intersections need stop signs the Council can
approve subject to Mr. Strickland’s recommendation.

Steve Moon made a motion to approve subject to Ted Strickland recommending stop signs at these
intersections; Fred Evans seconded, and passed unanimously.

CEMETERY STREET, RICHARD GILLEN, JEANETTE GILLEN AND SABRINA SWINGER requested
Cemetery Street be changed to Jennings Way in honor of Ms. Swinger’s father who developed this area. If
the Council agrees with making this change, A. J. Welch has prepared a Resolution for the Council’s
convenience. Mayor Kelley stated that he never liked the street being named Cemetery Street and
recommends it be changed to Jennings Way.

Fred Evans made a motion to approve the renaming of Cemetery Street to Jennings Way; SteveMoon
seconded, and passed unanimously.

BENCH WARMERS SPORTS GRILL, INC., JAMES E. HANCOCK AND MICHAEL M. PHILIPPI, 1375
ROCK QUARRY ROAD requested an occupational tax license to operate a restaurant, bar, grill at this
location. The owners have completed applications, furnished all documents, paid fees, background
information and met all requirements of the ordinance.

Fred Evans made a motion to approve request for alcohol license; Harold Cochran seconded, and passed
unanimously.

BIDS: For Go-4 Dumpsters for garbage pickup service.

Stovall 3 Go-4 Dumpsters @ $27,238 = $81,714
Ted Strickland informed the Council that Stovall is the only dealer selling these dumpsters.

Harold Cochran made a motion to approve purchasing 3 Go-4Dumpsters; Fred Evans seconded, and passed
unanimously.

BIDS: To replace cab and chassis on wrecked garbage truck. This expense will be covered by the City’s
insurance and then coordinate with the insurance company of the driver at fault. The City’s truck was totaled
when struck by a 17 year old youth who lost his life in this accident. He hit another vehicle and went airborne
straight into the cab of the City’s truck. The City’s driver is still undergoing treatment for an injured leg.

Nalley Motor Trucks 67,473
McNeilus Truck & Manufacturing Co. 67,240* approved
Bill Heard Trucks 68,964

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

DAVID WILLIAMS, THE SUMMIT AT EAGLE’S LANDING S/D addressed the Council regarding outdoor
recreational amenities in the Development Agreement with Killearn Properties. About a year and a half ago
they installed some of the amenities, the swimming pool, the bath facilities, etc. The Homeowners
Association has requested that they not put in the walking trail which goes behind the homes and the
campground site. They don’t want people walking behind their homes and the campground site will probably
be a hangout for teenagers. In its place the Homeowners Association have requested a putting green.

Mayor Kelley asked if the residents in the Summit agree with this request. They responded that they are in
agreement with the request. Mayor Kelley said he would have to agree that he would not want walking trail
behind his house all the time or the campground.

To change the Development Agreement, Mr. Welch said the Council needs to vote on a Resolution to make
the change. He will do an amendment and send it to David Williams to sign off because under the Agreement
that is in force its made part of the public record and it must be handled by resolution to amend the
Development Agreement. The resolution will be prepared by A. J. Welch for Mayor Kelley to sign taking out
the walking trails and camping sites and putting in the putting green.
Mr. Williams asked if it will require a variance to the tennis courts because it’s 15 feet from the property line.
There is an asphalt curb and about 50 feet of utilities and sidewalks and 15 feet from the right-of-way. The
are not sure this will requires a variance but he told Henry County he would let the Council know about this
situation. If it does require a variance, he will be back before the Council asking for the variance for the tennis
court.

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

CANDDLE DEVELOPMENT, MONICA POOLE WITH METROBROKERS/GMAC REAL ESTATE
discussed the creation of a residential senior living district that will accommodate high density multifamily
development for individuals age 55 and older. Mrs. Poole stated that Canddle Development is a Nevada
based corporation and they build independent senior living facilities around the country and currently they
are building 20 such projects

They are interested in a site on the north side of Davis Road. This is located near WalMart on State Route
42 making this site convenient for shopping and working in the area. Typical floor plan range in size from
540 square feet for a 1 bedroom design to 777 square feet for a 2 bedroom unit. The units are designed for
seniors who do not want to walk long distance. The units are designed around centers for TV rooms,
computer rooms, in door pool, trash shoots, and units are handicapped assessable.

Michelle Johnson gave the Council pictures of the area. There is a crime and vandalism in this area and a
project of this magnitude would improve the area. The home owners in the area are in favor of the project.

Ms. Poole said the densities they are proposing do not exist for the City of Stockbridge. She brought a copy
of Cobb Counties and they have a specific senior living district. In order to keep families from moving into
these units, the tenants must qualify for affordable living. They are requesting 198 units on 5 acres. The
current units the City allows is 8 per acre and 10 with special requirements. Mayor Kelley ask what assurance
would the City have that it would remain a senior residential facility. If the property sales the new owners
could change the requirements.
Ms. Poole responded that part of the financing to get a project like this done is the state provides them with
low income housing tax credits. These tax credits are syndicated in a way they raise equity for the project.
They would have to comply on the state level to make sure it is low income housing and also making sure
the tenants are 55 and older. There is also restrictive covenants placed on the property which provide some
of the insurances. The state also investigates and they have good reasons to comply.
Mr. Welch said Ted Strickland asked him to look into this matter. Mr. Welch said he has looked into
ordinances that other cities or counties have adopted in Georgia. He will break this down so the Council will
know what the City would have to do if the Council decides to approve the request. There are 3 types of this
development that the Council can do. All are subject to the fair housing act which is a federal statute which
means that a minimum of the units that are there, 20% of them would have to be left open for renters who
are under the 55 years of age. There would have to be a certain number of units set aside that could be
rented to other people that do not meet the minimum requirement of 55 and older. There is different types
of developments. One is dealing with non-supportive residential units which means you have an apartment
complex and then you have a meeting room or coffee room or you can have what is known as a supportive
residential area where they provide a cafeteria, recreational areas, workout areas all those types of amenities
where in essence having a confined development with all the services a person would need including nursing
services. Some of them go to the extent of requiring that they have on duty RN nurses there that are available
to check on and help people that are 55 and older living there. The units are normally smaller and some of
the other governmental units that if you put these in, all the constructions have to meet the handicapped
statutes which means you have large size doors, handicapped equipment in the restroom areas, shower
areas to meet those type of facilities especially where you require that there be a supportive residential
structure with it; in other words the cafeterias. Basically what you see happening these developments come
in and people 55 years and older move into them and they literally remain there for the remainder of their
lives or until they have to be hospitalized or put into another type of facility. Those are the type of facilities
that are requiring the supportive structures and some of the comments that we have gotten from some of the
other counties or entities that dealt with this have been supportive of the confined developments where you
are required to provide all of the services there on site for the people than they are the non-supportive
residential units which means its just an apartment complex with very little if any supportive structure but still
having to meet the minimum requirements of the fair housing act. One of the big questions that we have is:
How do you enforce this and as an example, Cobb County literally has code enforcement to go around and
check. They recommended that if we do decide to go with this that we get a more comprehensive way of
requiring the apartment owner to submit to keep certain type of records and to submit those records for review
evaluation by code enforcement and code enforcement would have the right to go in and check to verify that
everything is being complied with. It can become an enforcement problem as far as the municipality is
concerned. If the Council is prepared to take this on then the Council will approve the request. Cobb has
put in what is called Easy Living Standards which they go back and pickup some of the recommendations on
how these units are built and they pickup recommendations from the state, the Home Builders Association,
Sheppard Clinic in Atlanta, Independent Living Council, etc. in the development and criteria on the
construction of the facility. He has explained to the people who have been involved in this matter, that the
City maintains what we call a density ordinance and that basically each year we count the number of single
family residents, apartment units, condominiums townhomes and mobile homes or manufactured homes and
there is only a certain percentages of those that are allowed to be built and the City does the calculations
every year for once a year and that is the standard for the rest of year. If they got this ordinance put in the
likelihood of them being able to build is of course on a first come, first serve basis, you can get your property
zoned but whoever comes first and their application for the actual building permit is the one that gets it. The
likelihood of this coming up based upon the City’s last figures would be the number of years before there
would be anymore space available for apartments other than what has already been permitted. He stated
that he tried to let them know that but if the Council decides they want to go to this, it will take an amendment
to the zoning ordinance which means the document will have to be prepared, approve it and send it to
Planning and Zoning, go through the notice provisions, the public hearings and then it would have to come
back to the Council with their comments on it for the Council to approve or reject. At the very earliest, it would
take 2 to 3 months because this is new and as you know, the Council doesn’t just adopt these things without
going through it and running it through Planning and Zoning to get their comments before we file, getting
staff’s recommendations and going back and forth to make sure we have it close to being right before we
even submit it to Mayor and Council.

Mayor Kelley pointed out that the City has a moratorium on apartments at this time and the property is not
zoned for apartments. Mr. Welch said he can see how it can be good but the Council needs to understand
the entire ramifications for it but as he told Mrs. Poole the other day the City has gone as far as we can go
without further directions from the Mayor and Council.

Victoria Palmer, Windsong Plantation, had a question regarding the development. Is it to help keep
Stockbridge citizens who are 55 year or older who are already here that want this type of development to
keep from having to relocate out of Stockbridge or Henry County or are we bringing people in from out of
state that would want a facility like that. Is it going to serve the 55 age group in our community or are we
bringing people from other states.

Ms. Poole said this facility is to serve the people of Stockbridge or neighboring Henry County. They have
completed a marketing study on this particular site and it shows more than enough demand for a project like
this. They do marketing studies before they engage in pursuing developing on a particular site. Since there
is not one of its kind in the area, there is a great need or it. She responded to Mr. Welch that they cannot
rent to anyone under 55 and she could have their legal staff Arnell, Goulden and Gregory in Atlanta come
and discuss this with the Council. Mr. Welch responded that this answer is not quite right. He stated that
the Fair Housing Act will not allow you to discriminate by saying we are only going to take people from a
certain area. It allows you to maintain 55 years and older you still have to maintain 20% of the project that is
available for other renters.

Ted Strickland pointed out that in other areas where there was single family home for residents 55 and older;
they had teenagers to move in with grandparents. That is a concern of the Council. They also move in and
remodel the units to move in family members.

Mayor Kelley said this is for discussion only. No vote is required of the Council at this meeting. They have
discussed it and the Council understands what they want but the Council needs to move on because we
have a lot remaining to be covered at this meeting.

Mayor Kelley thanked Mrs. Poole for presenting it to the Council and they will take it under consideration if
they want to go through the process of going through zoning first which is what would have to be done. The
Council cannot give an answer until they follow the process.
COLON HYDROTHERAPY ORDINANCE – A. J. Welch presented this ordinance and advised it is to regulate
Colon Hydrotherapy Facilities and Services. There has been some regulations adopted by the State Health
Department concerning this and those regulations have been reduced to an ordinance and recommends
approval.

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

TATTOO AND/OR BODY PIERCING STUDIOS, ARTIST AND OPERATORS ORDINANCE – Mr. Welch
said this ordinance is to amend tattoo and/or body piercing studios, artists and operators. To adopt a new
chapter entitled body crafting establishments, procedures and artists. This is to bring the City’s existing
ordinance up-to-date and based on new state regulations and based upon Georgia Municipal Association
recommendations on these new ordinance that we should periodically look at and he recommends approval.

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

HOUSEKEEPING ORDINANCES – A. J. Welch informed the Council that each of the following ordinances
have been developed in order to comply with the State mandate with regard to Stormwater Management,
and each of these ordinances must be adopted and provided to the State before December 9, 2005.

SEPTIC TANKS AND ALTERNATIVE ON-SITE SYSTEMS. Mr. Welch said he has to go through a number
of City ordinances to adopt certain amendments to make sure the ordinances are in compliance with the
state regulations and the state law so the City would be in full compliance with Stormwater Management.
For example; septic tanks, he had to go in and amend the City’ septic tank ordinance to require on site
evaluations regarding shut downs, removal of people from residences where the septic tanks are not being
properly maintained and giving the City and the Health Department the authority to go in to check these out.
Also requiring people who do have septic tanks to have them cleaned out periodically and provide certification
to the City that its been done. On occasion where the person cannot connect onto public sewer but they are
allowed to put in a septic tank, there are certain regulations that they have to discontinue septic tank use
once sewer becomes available to them.

Fred Evans made a motion to approve amending Section 6.12.055 – Septic Tanks and alternative on-site
systems; seconded by Harold Cochran, and passed unanimously.

SOIL EROSION AND SEDIMENTATION CONTROL – This is also an amendment to amend this ordinance
to bring it into compliance with Stormwater Management and recommends approval.
Fred Evans made a motion to approve amending Section 8.20.010 Soil Erosion and Sedimentation Control;
Steve Moon seconded, and passed unanimously.

STORMWATER DETENTION DESIGN CRITERIA; MAINTENANCE BOND; AND SUBMISSION OF
ELECTRONIC “AS BUILT PLANS” - All of the 800 Series of amendments deal with development criteria’s
for subdivisions and commercial establishment, etc. We are now requiring performance and maintenance
bonds to be extended from 2 year to 4 years and this will apply not only to roads and street but stormwater
and sewer. Thereafter, the homeowner association, residential subdivision will be maintained by the
homeowner association and kept up to the standards of the City. If they fail to do that the remedy is a citation
for failure to comply with the law. There is also a provision that allows the City to go in and make the
necessary improvements to bring it up to standards to send a demand letter for reimbursement of cost if they
do not reimburse the cost, then the City can institute civil action to recover the cost from the property owners
who are being served or the City can raise the storm rates to cover that additional cost. Arcadias is going to
recommend that we do that arrears in reverse and arrears thereby meaning that you will probably have a
year shortfall every year so as an example, next year we would set our budgets based on what we did the
previous year and that would be the money that would be spent if we ran over budget, we would still have to
come out of pocket to pay that but the next year’s budget and the rates would be based upon the previous
year. That is the breakdown of it and based on that he recommends the Council adopt the amendments that
are shown on the agenda that begin with 8.32.040 through 100. He recommends the Council approve each
and every one of those amendments to Chapter 8.

Ted Strickland asked under the Stream buffer protection will that move the buffers. Mr. Welch responded
they would be moved from 25 to 50 feet which is the recommended requirement. Mr.Strickland asked if that
is 25 feet on each side of the creek so it would extend another 50 feet. Mr. Welch responded that was correct.
Mr. Welch said this would meet the recommendations that is being recommended by the state and their
studies show that where you have that extended buffer area, it improves water qualify significantly and as
you understand the City has the responsibility of making sure the quality is there. This is one of the better
ways to allow nature to do that and the recommendation is that we go to the 50 feet buffer where the minimum
is 25 feet.

Fred Evans made a motion to approve amending Section 8.32.040 Subdivision Development Ordinance;
Steve Moon seconded, and passed unanimously.

Fred Evans made a motion to approve amending Section 8.32.040C Performance and Maintenance Bond
as it applies to subdivisions; Harold Cochran seconded, and passed unanimously.

Fred Evans made a motion to approve amending Section 8.04.060 which also deals with maintenance bonds;
Harold Cochran seconded, and passed unanimously.
Fred Evans made a motion to approve amending Section 8.18.110 Stream Buffer; Steve Moon seconded,
and passed unanimously.

Fred Evans made a motion to approve amending Section 8.24.060 Requiring Separate Bonding for certain
improvements. Sometime the City has the bonds and sometimes the County has the bonds and the City
gets to elect if we want them separated or all the bonds will come to the City; Harold Cochran seconded, and
passed unanimously.

Fred Evans made a motion to approve amending Section 6.12.055 dealing with septic tanks saying the City
will comply with state and federal laws; Fred Evans made a motion to approve; Harold Cochran seconded,
and passed unanimously.

Fred Evans made a motion to approve amending Section 8.32.050 dealing with on going inspection and
maintenance of stormwater facilities. This gives the City the ability to go upon property to do the inspections
and to make the reports; Harold Cochran seconded, and passed unanimously.

Fred Evans made a motion to approve amending Section 8.24.100 dealing with the Town Development for
four year maintenance bonds and this deals specifically with stormwater management and retention and
detention ponds.

Fred Evans made a motion to approve amending Section 8.36.140 dealing with stormwater detention design
criteria and sets the minimum criteria and also requires it to be put on electronic disc so the City can store
those and not have to keep all the maps and books, etc.; Harold Cochran seconded, and passed
unanimously.

Fred Evans made a motion to approve amending Section dealing with the subdivision and
requiring “as built plans” to be put on disc where we don’t have to continue to keep large sets of plans. We
can put them on disc and pull them up when needed; Harold Cochran seconded, and passed unanimously.

Harold Cochran made a motion to adjourn; seconded by Fred Evans, and passed unanimously. Meeting
adjourned at 8:10 P. M.

Respectfully submitted,
Merle Manders, CMC R. G. Kelley
City Clerk Mayor
Amending Section 8.24.140 – Ongoing inspections and maintenance of stormwater facilities and
practices.

Amending Section 8.30.050 – To comply with State and Federal Laws.

Amending Section 8.32.050 - Maintenance of Detention Facilities

Amending Section 8.32.040 – Stormwater detention design criteria.

Amending Section 8.30.040C – Management after developer’s four (4) year maintenance bond
expires.

Amending Section 8.24.100 – Submission of Electronic “as built plans”.

Amending Section 8.04.060 – To provide for four (4) year Maintenance Bonds.

Amending Section 8.24.060 – Performance and Maintenance Bonds.

Amending Section 8.36.140 – Separate bonding of improvements.

Amending Section 8.32.040 - Subdivision Development.

Amending Section 8.20.010 – Soil Erosion and Sedimentation Control.

Amending Section 6.12.055 – Septic Tanks and alternative on-site systems.
Amending Section 8.18.110 – Stream buffer protection.
