---
date: 2003-08-11
title: August 11, 2003 Minutes
source: 2003-08/2003-08-11_August 11, 2003_Minutes.pdf
pages: 1
---

August 11, 2003

CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA AUGUST 11, 2003

The Regular Meeting of the Stockbridge City Council was held August 11, 2003 at 6:00 P. M. Mayor R. G.
Kelley presided and members present were Harold Cochran, Fred Evans, W.A.Gardner, Steve Moon and
Fletcher Turner.

Harold Cochran made a motion to approve minutes of the July 14 and 21, 2003 City Council Meeting; Fletcher
Turner seconded, and passed unanimously.

Mayor Kelley welcomed guests. Tyler Fisus, Scoutmaster for Boy Scout Troop 61 was present with his Scout
Troop earning merit badges for community involvement.

Mr. Mundschenk, Scoutmaster, and Boy Scout Troop 65 attended the City Council meeting to present the
Mayor and Council a plaque in appreciation of for supporting their annual Flea Market/fund raiser.

PLANNING AND ZONING

Rezoning:

KARLA COX OF STOCKBRIDGE, GEORGIA requested rezoning of her property from C-1 (Neighborhood
Commercial) to C-3 (Heavy Commercial) in Land Lot 63 of the 12th District. The property is located on the
south west corner of North Henry Boulevard and Lambert Drive. The property contains .3240 acres and the
request is to establish a commercial kennel for boarding of pets.

Ray Gibson, Henry County Planning Staff, advised the Council that the Planning Commission approved the
applicant’s request with four conditions.

1. Any dumpsters shall be enclosed with a three-sided masonry wall being consistent
with the façade of the building.
2. Planning and Zoning Staff shall have architectural review of all additional buildings
prior to the issuance of a building permit.

3. The applicant shall obtain a variance from the City of Stockbridge regarding front
yard setbacks and the forty foot buffer reduction.

4. The applicant will maintain the present privacy fence on her property.

Mayor Kelley pointed out that there is a neighborhood adjacent to this property and dogs make a lot of noise.
Mayor Kelley asked Mrs. Cox how she proposes to keep the dogs from bothering the neighbors. Mrs. Cox
stated that there are only two houses on the block. There is a privacy fence and they will not be let outside
at night. They will be out during business hours and brought in before closing and be in all night. Mayor
Kelley stated that there are many houses further back in the neighborhood that would be affected.

Mayor Kelley advised the Council that Mrs. Cox has requested changing from C-1 (Neighborhood
Commercial) to C-3 (Heavy Commercial) and this lot is not suitable for C-3 and recommended denial.

Andy Welch, City Attorney, pointed out that if this lot is changed to C-3 it could be used for any C-3 use in
the future other than a dog kennel.

Harold Cochran made a motion to deny request for rezoning to C-3; Fred Evans seconded, and passed
unanimously.

Variance:

KARLA COX OF STOCKBRIDGE, GEORGIA requested a variance in Land Lot 62 of the 12th District, for
property located on North Henry Boulevard off Lambert Street. The property contains .3240 acres and the
request is to establish a commercial kennel for boarding of pets.
Harold Cochran made a motion to deny request for variance; W. A. Gardner seconded, and passed
unanimously.

RAY GIBSON HENRY COUNTY PLANNING STAFF reminded the Council they approved the workable area
for the billboard signs for the next three items. They also approved not to exceed a height of over eighty-five
(85’) feet. At that time it was his understanding that the motion would change the actual code to be eighty-
five (85’) feet. Now they are asking for a height of fifteen (15’) feet above the tree level. There is no actual
number that has been given to their department.

Mayor Kelley responded that Mr. Gibson is exactly right. The City has asked for and has not received the
exact footage that they are requesting and recommends these variances be tabled. The City Attorney was
instructed contact the State to verify the maximum height regulations for billboard signs along the interstate.
Andy Welch pointed out that the request to change the code is pending with the Planning Staff.

U. S. MEDIA, INC. OF ATLANTA, GEORGIA requested a variance for property located in Land Lot 6 of the
12th district, located at 107 St. Ives Court. The property contains 2.95 acres and the request is to increase
billboard sign height and workable area. Ray Gibson advised that the workable area was approved at an
earlier meeting and can be omitted from the request.

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

HANS BROADER OF STOCKBRIDGE, GEORGIA requested a variance for the property located in Land
Lots 5, 6, 11 and 12 of the 6th Districts, located on Flippen Road. The property contains 5.35 acres and the
request is to increase billboard sign height and workable area. Ray Gibson advised that the workable area
was approved at an earlier meeting and can be omitted from the request.

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

HANS BRODER OF STOCKBRIDGE, GEORGIA requested a variance for the property located in Land Lots
5, 6, 11 and 12 of the 6the and 12th Districts, located on Flippen Road. The property contains 5.35 acres
and the request is to increase billboard sign height and workable area. Ray Gibson advised that the workable
area was approved at an earlier meeting and can be omitted from the request.
Harold Cochran made a motion to table; Fred Evans seconded, and passed unanimously.

Annexation:

KILLEARN, INC. OF STOCKBRIDGE, GEORGIA requested annexation of 39.03 acres located south of
Stockbridge on Highway 42 in LL 31 and 32, of the 7th District. The property is currently zoned industrial.

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

NEW BUSINESS

YOUTH ACTIVITY CENTERS ORDINANCE, Andy Welch advised Council that this ordinance will provide
for licensing, registration and operations of Youth Activity Centers. The ordinance would require a permit
and be 300 yards from a residential area and they must comply will all provisions of the code.

Councilman Moon brought up the question regarding teens being allowed to surf the internet and asked if
there anything in the new ordinance about restricting what can be surfed on the internet. Mr. Welch
responded no, it does not regulate what they can view on the internet but it does require chaperons. Mr.
Welch said the Council can ad a provision that requires locks on pornographic materials.

Steve Moon made a motion to amend the ordinance with a section to regulate what can be seen on the
internet that would be dangerous to the health and welfare of minors; W. A. Gardner seconded, and passed
unanimously.

Fred Evans made a motion to adopt the ordinance with the amendment; Steve Moon seconded, and passed
unanimously
GAME ROOM ORDINANCE AMENDMENT – Andrew Welch, City Attorney advised that this amendment
will update the current game room ordinance; and to limit them to areas that are outside the 300 feet of a
residence.

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

OLD DOWNTOWN DISTRICT RESOLUTION. Andy Welch, City Attorney, advised the Council that Ted
Strickland, City Manager, has been working hard on concepts to regulate the old downtown area to keep its
current character and same old character that Stockbridge has had for so many years. This ordinance
regulates what types of structures and the materials that may be used. The ordinance will require the
sidewalks to be wide and the buildings pushed close to the sidewalks, so pedestrians can walk along the
sidewalks and shop. The area in question will go from North Lee Street, west to East Atlanta Road and north
to Bryant Street; includes the school area back east to Rock Quarry Road.

Fred Evans made a motion to adopt the resolution to authorize City Attorney to prepare an Old Downtown
District Ordinance to be presented to Henry County Planning and Zoning for review and recommendations;
W.A. Gardner seconded, and passed unanimously.

MILL RATE FOR 2003. Mayor Kelley advised the Council that the gross mill rate for 2003 should be set at
3.93 mills with a rollback for Local Option Sales Tax of 3.93 mills for a net mill of 0. The City received
$2,173,713.00 in local option sales tax during 2002 and one mill equals $553,546.

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

CLAYTON COUNTY WATER EASEMENT. Mayor Kelley advised the Council that, if approved by the
Council, this easement will grant Clayton County a perpetual right-of-way easement for the purpose of laying,
constructing, and maintaining a water line across and through property on Duvall Drive extending
approximately 933 linear feet. The easement will provide a 40’ construction easement and a 20’ permanent
easement.

Fred Evans made a motion to authorize Mayor Kelley to sign easement; W. A. Gardner seconded, and
passed unanimously.

SCHEDULE FOR NOVEMBER 4, 2003 ELECTION. Mayor Kelley gave the Council a schedule for the
November 4, 2003 election.
· Three Council positions for 4 year terms each.
· Qualifying Fee is 3% of 2002 annual salary in the amount of $252.00.
· Qualifying opens September 8, 2003 at 8:30 AM.
· Qualifying closes September 12, 2003 at 4:30 PM.
· Notice of Qualifying will be published on August 22, 2003.
· Voter Registration closes October 6, 2003 at 5:00 PM.
· Notice of Election will be printed in newspaper October 3, 10, 17, 24, 31, 2003.
· Qualifying and Ethic forms are available in the Clerks office and must be completed by each
candidate.

This year will be the first time for “Advanced Voting”. The polls will be open from October 27 through October
31, 2003 during regular business hours.

EXECUTIVE SESSION

Motion was made by W. A. Gardner to go into executive session; Fred Evans seconded, and passed
unanimously.

Motion was made by Harold Cochran to adjourn Executive Session and return to Regular Meeting; W. A.
Gardner seconded and passed unanimously.

Legal staff will draft agreement for Ted Strickland to sign regarding the wells. Steve Moon made a motion to
authorize Ted Strickland to sign the agreement; W. A. Gardner seconded, and passed unanimously.

Harold Cochran made a motion to adjourn; W. A. Gardner seconded, and passed unanimously. Meeting
adjourned at 7:15 P. M.

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