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date: 2001-05-14
title: May 14, 2001 Minutes
source: 2001-05/2001-05-14_May 14, 2001_Minutes.pdf
pages: 1
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May 14, 2001

CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA MAY 14, 2001

The Regular Meeting of the Stockbridge City Council was held May 14, 2001 at 6:00 P. M. In the absence
of Mayor R. G. Kelley, Mayor Pro-tem Harold Cochran presided. Members present were Fred Evans,
W.A.Gardner, Ronnie Simmons and Fletcher Turner.

Ronnie Simmons made a motion to convene; Fletcher Turner seconded, and motion carried.

Ronnie Simmons made a motion to approve the minutes of April 9, 2001 and April 30, 2001 City Council
Meetings, W. A. Gardner seconded, and motion carried.

Mayor Pro-tem Harold Cochran welcomed guests.

PLANNING AND ZONING

675 INDUSTRIAL PARK, LTD OF ATLANTA, GEORGIA, JAMES F. CRIST, APPLICANT requested
rezoning from C-3 (Heavy Commercial) to RM (Multi-family). The property contains 38.3 gross acres, and is
located in Land Lot 57 of the 12th District between I-675 and I-75. The project contains 304 dwelling units
(8 units per acre) and has a 21.5 acre green space component.

John Palmer, Henry County Planning and Zoning Department briefed the Council on what happened at the
Planning Commission. The Planning Commission heard this request and at the time there was no RM zoning
with 8 units to the acre in the City of Stockbridge. The Commission felt it was their obligation to deny the
request but they recommend approval of RM with 4 units per acre. Since then, the City of Stockbridge
adopted a RM ordinance with eight (8) units per acre.

Ronnie Simmons made a motion to accept rezoning as requested from C-3 (Heavy Commercial) to RM (Multi-
family) Fred Evans seconded, motion carried.

SHORT TERM WORK PROGRAM – John Palmer, Henry County Planning and Zoning, representing the City
of Stockbridge staff. The Council needs to adopt a resolution adopting the Short Term Work Program. The
Short Term Work Program has been sent to Department of Community Affairs for review. DCA has approved
the STWP and returned to the Council for adoption.
Ronnie Simmons made a motion to authorize Mayor R. G. Kelley and Clerk to sign resolution on behalf of
the City Council adopting the Short Term Work Program; seconded by Fred Evans, and motion carried.

OLD BUSINESS

NEW BUSINESS

ORDINANCES

PAWNSHOP ORDINANCE – A. J. Welch, City Attorney advised Council that his staff had been requested
to provide an amendment to the current Pawnshop Ordinance to provide for one (1) license per five thousand
(5,000) residents.

Bruce Vail, City Attorney, added that this Council is aware that previously one of the pawnshops in the City
was investigated for and involved in possible criminal activity. It is the desire of the Council to make sure
that the limit of pawnshops in the City’s jurisdiction is commensurate with the population.

Ronnie Simmons made a motion to approve amendment; Fletcher Turner seconded, and motion carried.

NO SMOKING ORDINANCE. Bruce Vail pointed out that there was a desire by City Officials to Prohibit
smoking in City Hall and Municipal Park adjacent to City Hall.

Ronnie Simmons made a motion to adopt ordinance to prohibit smoking in areas listed in the ordinance;
Fred Evans seconded, and motion carried.

AMEND VEHICLE FOR HIRE ORDINANCE. A. J. Welch informed Council that this ordinance that
requires any one who operates a vehicle for hire to apply for and obtain a license before they can do
business within the City. Failure to comply will result in citations being issued.

The requirements for a license and penalties have been setout in the Ordinance.

Ronnie Simmons made a motion to adopt ordinance; Fred Evans seconded, and motion carried.

DELINQUENT DEBTS - AMEND GENERAL PROVISION SECTION OF THE CODE. Bruce Vail explained
to the Council that he had received a request from the City staff to allow delinquent debts carried on the
books for a while to be written off. First thing was to define bad debt and next is how they can be treated
administratively. Currently there is a monetary threshold that is notably small but does permit administrative
writing off of bad debt. Something over the threshold would go before Council, as is current case, for
permission to write off. It is important from an accounting standpoint to know how debts will be treated. Mr.
Vail has communicated with the City’s accountant, Jimmy Whitaker with Meeks and Whitaker Certified Public
Accountants, Inc. and has used his comments and input for the purpose of defining bad debt.
Fred Evans made a motion to amend General Provision Section of the City code to allow administrative write
off of bad debts; Ronnie Simmons seconded, and motion carried.

PARKING ORDINANCE. A. J. Welch explained that a copy of the final draft of this ordinance has been
provided to each councilman for review and comment. The ordinance will be considered for adoption at the
June council meeting.

RESOLUTION – WYNGATE SUBDIVISION TIM JONES. Bruce Vail noted that Tim Jones is the developer
in the Wyngate Subdivision and has asked for permission to make two (2) minor modifications to the
development plan, particularly in the amenities area. Tim Jones would like to go ahead and install a junior
sized Olympic pool in their common area and also have a club house that consist of 1,600 square feet. A. J.
Welch pointed out that there was no actual change in the pool size; the pool size was not defined in the
agreement. The junior size pool in a subdivision of this size is the correct size.

Ronnie Simmons made a motion to adopt the Resolution giving approval of the junior sized Olympic pool
and a 1,600 square foot clubhouse; Fletcher Turner seconded, and motion carried.

HAVEN HOUSE – FLINT CIRCUIT COUNCIL ON FAMILY VIOLENCE, INC. Requested funds for services
rendered. $5,000 budgeted for 2001.

Fred Evans made a motion to approve; Ronnie Simmons seconded, and motion carried.

METROPOLITAN NORTH GEORGIA WATER PLANNING DISTRICT – Council to recommend to the Board
a person to serve on the District technical advisory committee to represent the City of Stockbridge.
Ted Strickland recommended Jeff Bledsoe, Water Superintendent.

Fred Evans made a motion to approve Jeff Bledsoe; W. A. Gardner seconded, and motion carried.

OLD ATLANTA ROAD WATER LINE EXTENSION – Install 1,200 ft water main to improve water pressure
for North Bridge and Willow Springs subdivisions. One contractor installs all water mains for Henry County
and this project for the City was bid under their contract. The cost to the City will be $48,235.
Fletcher Turner made a motion to approve water line extension being installed by Henry County contractor;
Fred Evans seconded, and motion carried.

CARL ROSCOE, CONLEY DRIVEWAY AND TOWING COMPANY, 141 ROCK QUARRY ROAD –
Requested an occupational license for towing and storing of vehicles. Also requesting he be allowed to park
a doublewide office trailer on the site for an office. Property is zoned M-1.

Mr. Roscoe stated that they would use this site as a storage facility only. They impound vehicles for owners
of private properties of shopping centers, malls, schoolyards, etc. At the request of the property owners they
remove tractor-trailers that has become a nuisance parking in their parking lots. The office trailer is a small
one and not a doublewide. These vehicles will only be parked on the lot for a few days, as the owners will
claim them within three to five days. There will be no cars, mainly large trucks. It will not be a junkyard.

Harold Cochran informed Mr. Roscoe that office trailers are prohibited. Councilman Simmons said that the
office must be a permanent building that meets the Southern Standard Building Code. Mr. Roscoe said he
does not want to put a $35,000 building on property he does not own.

Mr. Roscoe asked if the Council would consider storage only and continue to use his residence for his office.
Councilman Simmons said no because someone needs to be on site to maintain the business. The property
is currently zoned M-1 and the property is graveled. A. J. Welch advised that for this type of business it would
require another type of zoning and it would require paved parking and an office facility. Mr. Roscoe should
bring a plat of the property and where it is located and get it to Bruce Vail or A. J. Welch and they will research
the property to let Mr. Roscoe know what the zoning will allow on this property.

Ronnie Simmons made a motion to table until the Council can make sure this request is in compliance with
the City Ordinance; Fletcher Turner seconded, and motion carried.

WILDWIND HOMEOWNERS ASSOCIATION requested permission to install at their expense a sidewalk
along Tye Street between the two entrances of their subdivision.

Ted Strickland advised the Council that this would be a good project and would be used by the homeowners
in Wildwind. The City would co-ordinate with them to make sure no utilities are disturbed.

Fred Evans made a motion to approve installation of sidewalk by Wildwind Homeowners Association;
W.A.Gardner seconded, and motion carried.
EQUIPMENT TO BE PURCHASED. Cab and chassis, hook lift system, dump body, chipper and flat bed
body for Public Works Department. Cab and chassis for roadside repairs. See attached specification
summary.

Cab and Chassis Bill Heard International $64,586.00
State Bid

Hook Lift Loader, Interstate Truck Equip $14,375.00

13’ Chipper Body Interstate Truck Equip $ 4,610.00

13’ 5yd Dump Body Interstate Truck Equip $ 4,043.00

13” Flat Bed Interstate Truck Equip $ 2,810.00

TOTAL LOW BID $64,586.00

Council asked Mr. Strickland to explain the equipment.

Ronnie Simmons made a motion to approve low bids; Fred Evans seconded, and motion carried.

Second bid was for the purchase of a 1 ton Cab and Chassis with air compressor to repair roadside
breakdowns.

1 ton Cab and Chassis utility Bellamy Strickland $30,865.00
body and air compressor.
Mr. Strickland explained to the Council that the City’s mechanic would use this vehicle to repair flat tires and
other minor repairs when a vehicle breaks down on the road. This is a heavy-duty truck that will carry
equipment too large for smaller trucks. Mr. Strickland pointed out that the Council approved the purchase of
these vehicles in the 2001 budget. The truck will be used for other things besides road repairs.

Ronnie Simmons made a motion to approve as requested; Fletcher Turner seconded, and motion carried.

CITY PLANNER. Council discussed hiring a City Planner. The cost would be approximately $58,000 for the
first year. This includes special computer, printer and soft-wear at a cost of $23,000 and wages of $35,000
plus benefits.

Ted Strickland pointed out how badly the City needs a planner to work for the City and co-ordinate with Henry
County and State Agencies. The City needs a GIST system to map the City for various projects being
required by the Department of Community Affairs. The storm water retention program is going to be a big
item with Environmental Protection Department. The clock is already running on this project. The City has
deadlines to meet in 2003 through 2008. The City has grown so fast that a planner is needed to assist in
keeping up with the planning. One penalty from the State could be excessive and heavy. The paper work
from all of the State and Federal agencies is tremendous. The deadlines maybe five years in the future and
if they slip through the City could be assessed a large fine. There is a whole lot going on and this position is
needed for the future.

Ronnie Simmons made a motion to approve as requested; Fletcher Turner seconded, and motion carried.

Councilman Gardner recommended that the person hired for this position should have a degree in planning
and at least several years of experience. Councilman Simmons suggested the committee in charge of
Human Resources for the City has an active role in hiring this employee.

PINEHURST TEA ROOM AND CATERING. Chuck Dubbs applied for an alcohol license to serve beer and
wine at the Tea Room. Starting in June, 2001 the restaurant will be open in the evenings for dinner as well
as continue to open for lunch. They will not operate a bar but serve the drinks as a beverage with a meal.

Councilman Simmons inquired if alcoholic beverages will be served at dinner only or in affiliation with wedding
parties also. Mr. Dubbs said that functions are private affairs and the customers bring in the beer and wine
and he is only allowed to serve for the customer. Mr. Dubbs said it depends on whether the City will allow
him to serve at catered functions at the Tea Room. They will not serve alcoholic beverages at lunchtime.
Mr. Welch pointed out that the only problem Mr. Dubbs has ever had was a measurement from school
property. The measurement should be from a school that is actively in session. If he files the application
and he meets all the other requirements, the City is required to issue him a license as long as he meets the
measuring requirements. At one time, the City had a measuring method where you had to measure a
certain way, which was changed when the Alcohol Ordinance was revised to follow the State measuring
requirements. At one time he met the State’s requirements but did not meet the City’s requirements.
Mr. Dubbs said he would meet the criteria from door to door as this measurement is well over 1,000 feet
from his front door to the school front door. A. J. Welch advised Mr. Dubbs to get the drawing and
measurements and let Mr. Strickland verify that Mr. Dubbs is entitled to a beer and wine license if he meets
the requirements. He also advised Mr. Dubbs that he has to be finger printed and pay the license fees and
to call his office so he could double check to make sure Mr. Dubbs is not duplicating the process.

The Council made no decision at this meeting.

DEPARTMENT OF TRANSPORTATION. Mr. Strickland advised that in the Council’s packets there is
notification of streets being paved under Local Assistance Road Program for 2001.

AKBER SADRUDDIN, CHEVRON FOOD MART requested license to sell beer and wine at the Chevron
Food Mart. Mr. Sadruddin is the new owner and has completed the application. The background check is
favorable.

Councilman Simmons emphasized that the Council will not tolerate the sale of beer and wine to minors and
the Council expects Mr. Sadruddin to follow the Alcohol Ordinance in this regard. Mr. Sadruddin stated that
he understands the ordinance. Councilman Simmons pointed out that a violation could jeopardize his license.

Ronnie Simmons made a motion to approve license to sale beer and wine at the Chevron Food Mart; Fred
Evans seconded, and motion carried.

AEROBIC DIGESTER. Kathy Bragg, Stantec Consulting Service, Inc. researched the cost of aerobic
digesters for the Council’s consideration. Giving a quick history, the digester is one of the pieces of the
wastewater plant that was left over from the old plant. It was not upgraded and now is caving in and having
odors. The Council decided to replace the digester and hired Stantec Consulting Service, Inc. They have
taken a look at several technologies. The EPA Regulations regarding sludge are becoming stricter and it is
less expensive for the sludge from the plant to be land applied as a beneficial reuse. It is a fantastic fertilizer,
it brings back the soil to productivity and it is a benefit to the farmer who uses it and plus saving the citizens
of Stockbridge money.
They have been looking at the innovative technologies that are out there that will help the City meet upcoming
regulations and make it possible to put very high quality material out for the farmers to use that the City does
not have to worry about. The new regulations have stimulated a lot of new technologies. That’s what Stantec
has been doing in the interim, taking a look at the new technologies. They did a preliminary request for cost
from several technologies after they honed down to four companies. There was one that seemed the most
cost effective and really interesting process. Not too different from what the City has, not difficult for the
operators to run. They traveled out to Texas to look at the system and it just came out to be more money
than they hoped for. They went back and talked with them about the cost and to get what the City needs to
carry into the future the cost they have come up with is right one. They looked at four technologies and the
one they recommend that the City get a contract with and get started is Enviroquip. With site preparation,
demolition of the old digester, construction and all the equipment is estimated at $700,000. There are still
some bids that have to come in to get the exact numbers. Everything else is more expensive. There is just
the good old traditional process that the City has now. If the City looked at replacing that with all new
equipment it would be $940,000. EPA likes the Enviroquip process. It is a more modern process that helps
meet the current requirements. There is a farmer out there that is eager to take the material once it comes
out of this process. What they need at this point is for the Council to authorize Stantec to get a contract in
place with Enviroquip.

Council Simmons asked if this amount includes the truck necessary to haul the material. Ms. Bragg
responded that the cost does not include the truck to take the material to the farm. There are several options,
the City could hire someone to come in several times a month but she doesn’t think the City chooses to do
that. The cost of the truck would be an additional expense.

There is a contract that has been executed by the Mayor with this farmer and it spells out the liabilities.
They contacted many farmers because the people in the City know a lot of farmers. None of the farmers
wanted to be the leader but there is a lot of interest. If we get this one farmer going it should be successful
because the City produces excellent sludge because there is no toxic waste coming from bad industries into
the plant.

Councilman Simmons asked how much sludge disposal would be required? Mrs. Bragg responded that
depending on weather and crops, spray time would on average take approximate a half-day every week.
During winter months, for three or four months it want require any land application. EnvirQuip has three
different sections in the process and one of the areas is for storage. The system has a lot of capacity to
move the material around and store it to keep it within EPA requirements. The system gives the operators a
lot of flexibility. There is not endless storage capacity and during the hot dry summer the operators will make
runs as needed and winter is started off empty providing more storage.

Mr. Welch asked what is the backup plan if the farmer refuses to take the product? Mrs. Bragg responded
that at this time there is no backup other than going to the landfill. The City still has great drying beds that
work well. The operators don’t like the drying beds but they work just fine and the tipping fees are reasonable.
Mr. Welch asked if there is a company that could pump sludge so the City want have to get into the hauling
business? Mrs. Bragg responded that there are quite a few in this area. It gets a little more problematic to
get a contract when it’s such a small amount of sludge. These companies would prefer to contract with
someone who would provide more product. There are companies who would haul for the City but it gives
the City more control to be able to haul the product and not have to wait for a company to haul the product
at their convenience.

This system will eliminate odors because the digester has built-in redundancy with several blowers, several
racks of aerators, and several tanks. If one tank is down, it allows the operators to repair one tank while the
other continues to operate. The City has no industrial waste being discharged into the system and the City
will continue to test the sludge providing a toxic free product. EPD has a written plan for the operators to
follow. EPD will regulate and inspect the plant. The operators will actually test the farmer’s soil and send
the reports to EPD.

Ronnie Simmons made a motion to authorize Stantec Consulting Service to continue with the plans for a new
aerobic digester; Fletcher Turner seconded, and motion carried.

GAD WOODALL introduced Robert Harville with Lancaster and Associates, a planning and engineering firm
to discuss zoning and plans for 99.7-acres development on Rock Quarry Road. Mr. Harville stated that they
are presenting the project in an informational type session and to introduce the project to the Council to get
the Council’s feedback before they present the formal application.

Mr. Harville presented a layout of the project. Davis Development will be coming with an application
consisting of approximately 28.1 acres of land out of the larger 100-acrea parcel. They propose 218
apartment units that works out to a density of approximate 7.61 units per acre. The floodplain will be used
as a passive recreational amenity where they would run a nature trail along the creek with exercise facilities,
half-court basketball court, and tennis court. Looking at the site plan, they propose to leave adequate access
to provide a future road to access the rear of the property, which will remain a M-1 zoning. The entrance to
the apartment tract will actually be on Rock Quarry Road to the south away from the concrete plant. Upon
entering the project, you come initially to the clubhouse, which is in front of the swimming pool. It will be a
one-story structure with residential character. It will be a secured community with access control gates.
Parking ratio for the development will be 2.0 per unit. Davis is very concerned about providing adequate
parking for tenants.

Mr. Harville presented the architectural style they intend to build. This is Davis’s new top of the line project
in the area before and it’s an upgrade from their current development. It’s called the big house concept. The
middle will be three stories elevation and the end sections will be two story. This plan provides a much better
elevation than the standard three-story apartment building. It provides a lot more interesting scale and
building massing and presents a much more attractive architectural presentation to the community. There
are six garages as a part of each apartment unit providing a direct access from the garage to the living portion
of the unit. This will be an A Type development, Davis has a very generous landscape budget and it should
be a development of which the City will be proud.

Councilman Simmons asked if this project meets current zoning for the City? A. J. Welch replied that it would
not meet present criteria. What they are required to do under the new zoning ordinance, they must determine
the footage that would be encumbered by the buildings at four units per acre. Then they can go as high as
eight units, but they cannot encumber any more property than they could with the four units. That makes all
the facilities go up and not out. They have to meet certain amenity requirements. The problem is that they
were probably drawing their plans while the City was amending their ordinance and they don’t have a copy
of the changes. Mr. Welch will get a copy to them and they can redraw based upon the existing ordinance.
They will be able to come into compliance with the new ordinance based upon what they are doing and they
may have to go up more than they want to but that was the purpose of the change. They will be required to
have more parking than two per unit. Councilman Simmons said he thought the concept is excellent for the
units shown. The City is trying to get developments like this but it’s going to take some fine-tuning.

Ted Strickland pointed out that the development should meet the Living Centers Initiative (LCI) and the Smart
Growth Plan and stay in compliance with the Department of Community Affairs recommendations.
Basically, this means going up with buildings and keeping the grounds open with green space.

The apartment units will consist of a mix of primarily two bedroom units. One bedroom will be $700.00 per
month, two bedroom units will be $850.00 and three bedroom units will be $1,000.00. They plan a
combination of brick or stone accents with hardy plank siding, which is a cement type siding. Mr. Welch
advised that according to the new ordinance that the construction must be brick or stone except for the
balcony areas and the areas directly behind the balcony areas.

Mr. Strickland advised Mr. Harville that the project would go before the Henry County Planning and Zoning
and the City for zoning. After zoning, the plans will go to Henry Building Department for permits. This session
is for general discussion only.

APPLICATIONS FOR HOME OCCUPATIONS

MO ENDOW, 100 BAY COURT DRIVE – Consulting Food Service. Mr. Mo Endow explained that he would
be going on site to set up a company’s operating systems and training of personnel. He will have no storage
of food or other products at his residence.
Ronnie Simmons made a motion to approve; Fletcher Turner seconded, and motion carried.

JUDY S. DANIELS, CLOSETS BY JUDY, 103 MULBERRY STREET – Organize closets, no construction
involved, basically organizing. She will not store any materials in her home.

Ronnie Simmons made a motion to approve; Fletcher Turner seconded, and motion carried.

TRINI ABEYTA, 613 FAIRHAVEN BOULEVARD – Requesting license to operate a part-time lawn care
service as a home occupation. Mr. Abeyta will be limited to operate with one trailer, one riding lawn mower,
one hand mower and small yard tools. If the business grows and additional equipment is needed he can no
longer operate from his home as a home occupation. The trailer must be parked in his garage each night.

Ronnie Simmons made motion to approve as requested, subject to requirement that he list all his equipment
and equipment to be stored in a garage each night, Fred Evans seconded, and motion carried.

TRACH O”DONNAL, OBURBS-ATLANTA 192 MISTY RIDGE TRAIL – Sell wholesale products through
the mail and over the Internet. He will provide an internet web site service to provide a site for individuals
sellers to place items up for sale and he would not be responsible for the actual shipping or receiving of these
items, which is strictly the sellers and the buyers responsibility. His service would provide a local selling and
buying environment.

Councilman Simmons advised that no employees or customers would be using a computer at Mr. O’Donnal’s
residence. No storage of products. If his business should change and the City receives complaints, the
Council would have to take the facts into consideration and revoke his license.

Ronnie Simmons made a motion to approve as requested; Fred Evans seconded, and motion carried.

JAMANDE BRITT NICHOLS, QUEST EXPRESS, 623 EVERGREEN WAY – Explained that he would be
shipping freight 250 miles roundtrip to neighboring states from the airport each day. The only equipment he
uses is a computer and a regular sized van. He picks up freight each day at the airport and delivers it to the
customer and comes home each day empty. Deliveries are never brought to his home for any reason
because if he should leave a delivery on his truck, someone could possibly want to come to his home to pick
up their merchandise.
Ronnie Simmons made a motion to approve subject to the utility van being restricted not to exceed a standard
F-150 in size; Fletcher Turner seconded, and motion carried.

ALLEN S. DEAN, JR., DEAN INDUSTRIAL SERVICES, 116 SHEPARD DRIVE – Contractor/Industrial
Mechanic. Mr. Dean explained that most of his business is traveling and he needs a license to expand his
business to include businesses like USA Box on Hudson Bridge Road. He would like to offer his services
to them as a small machinist. His residence already has an outside building that he has been using for a
garage. He would like to offer a small machinist operation in his garage. A. J. Welch advised Council that
that becomes manufacturing and is not allowed as a home occupation. Mr. Dean was instructed that he
needs a M-1 zoning for that type of occupation. Any type of milling will not be allowed.

Ronnie Simmons made a motion to issue a home occupation license for an office only; Fred Evans seconded,
and passed unanimously.

SALARY STRUCTURE FOR MAYOR AND COUNCIL. Councilman Simmons advised Council that he plans
to submit a new salary structure for the Mayor and Council at the next meeting. He also pointed out that he
would like for each Committee Chairman to be a part of the budget as it is assimilated so the Council will
understand exactly what they are trying to do next year. Once we get the Civic Center completed, there will
be large budget to be considered. It’s not that the staff is doing anything wrong, it’s the fact that they are
doing it right and each chairman needs to get with Ted Strickland to make sure each chairman understands.
Not that the Council hasn’t been a part of the budget but they need to understand this is part of their
Committee Chairman function.

Ronnie Simmons made a motion to convene; Fletcher Turner seconded, and motion carried.

Motion was made by Ronnie Simmons to reconvene; Fletcher Turner seconded, and motion carried.

DANNY MEADOW, DCM WHOLESALE, 404 EAST ATLANTA ROAD. Requesting a home occupation
license to run a business over the Internet, selling brand name products. No products will be stored at his
home. Customers will go to the web page, review the catalog, purchase and the factory will drop ship it to
the customer.

Ronnie Simmons made a motion to approve as requested; seconded by Fred Evans, and motion carried.

KIM GARDNER, 185 TALON PLACE had filed a variance at Henry County Planning and Zoning for a
swimming pool in the RM zoning classifications. Ted Strickland said this was left off the agenda. City Clerk
advised she received a notice from Planning Zoning that Mr. Gardner applied for a variance and it will come
before the City Council at the June 11, 2001 meeting. Mrs. Gardner said that she had gone to Planning and
Zoning and completed an application for a variance to install a pool at her residence. Mrs. Gardner was
informed that her application would not be heard at this meeting, as her application must be advertised to
follow procedure and be heard June 11 meeting.

Councilman Simmons advised Mrs. Gardner that the City Council could not act until Henry County has heard
this matter. It was pointed out that her property is zoned RM-single family and this zoning does not provide
for a pool.

Council Simmons made the statement that the smaller lots with larger homes, did not allow for pools because
of the noise, etc with the homes being so close together. Mrs. Gardner said her home was completed two
months ago and her builder shifted her house closer to the front because he knew she wanted a swimming
pool. A variance requires proper advertisements. The County has no objections to the variance and in the
meantime, had Ted Strickland send Mrs. Gardner a letter stating that it will be heard at the May 14 meeting.
The County did say it is a small pool and they have no objections but it would have to follow procedures and
ask for a variance.

Councilman Gardner asked if the Council could approve subject to? Clerk advised that the variance has
been advertised in the newspaper to be heard at the June meeting and could not be heard at this meeting.
Councilman Simmons advised that if we hear it at this meeting the Council could be in violation of the
ordinance and subject to a lawsuit.

Mrs. Gardner said that at the time she received Mr. Strickland’s letter she asked Rodney Heard, Henry County
Planning and Zoning, if she could start construction of her pool and they have already started construction of
her pool and it is about ninety percent finished.

Mr. Strickland pointed out that Henry County said they had no problem and wanted a letter from the City
stating it would not be a problem. He wrote them back and that’s what got things confused. Rodney Heard
resigned his position with Henry County and Mrs. Gardner just got caught in the middle of all the confusion.

Councilman Simmons asked what size is her pool. Mrs. Gardner said the pool is 11X20 and five feet deep.
The pool area will be fenced with gates.
Ronnie Simmons made a motion to approve subject to Henry County’s approval and not require Mrs. Gardner
to appear at the June meeting unless there are some extenuating circumstances; Fletcher Turner seconded,
and motion carried.

Ronnie Simmons made a motion to adjourn; Fletcher Turner seconded, and motion carried. Meeting
adjourned at 7:45 P. M.

Respectfully submitted,

Merle Manders, CMC Harold Cochran
City Clerk Mayor Pro Tem
