---
date: 2006-06-12
title: June 12, 2006 Minutes
source: 2006-06/2006-06-12_June 12, 2006_Minutes.pdf
pages: 1
---

June 12, 2006

CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA JUNE 12, 2006

The Regular Meeting of the Stockbridge City Council was held on June 12, 2006 at 6:00 P. M. Mayor R. G.
Kelley presided and members present were Harold Cochran, W. A. Gardner, FredEvans, Steve Moon and
Leila Turner.

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

Councilman Steve Moon gave the invocation.

Amend the May 8, 2006 Minutes. The Council discussed the Community Assessment and Community
Participation Program with the intent to adopt the Resolution and forward the Plan to Atlanta Regional
Commission for review. A motion was not made to adopt and transmit the Resolution to ARC.

Council needs to make a motion to adopt the Resolution to transmit the Community Assessment and
Community Participation Program which is an Element of the Comprehensive Plan to the Atlanta Regional
Commission which has been signed and forwarded to ARC.

Fred Evans made a motion to amend the May 8, 2006 minutes and send the Resolution of Transmittal with
a copy of the Comprehensive plan for review by the ARC; Steve Moon seconded, and passed unanimously.

Fred Evans made a motion to approve the minutes of May 8, 2006 Stockbridge City Council Meeting; W. A.
Gardner seconded and passed unanimously.

Mayor Kelley Welcomed guests.

Announcement: Mayor Kelley announced that Marie Evans, daughter of Mr. & Mrs. Chuck Evans won the
2006 City of Stockbridge scholarship award in the amount of $1,500.
PLANNING AND ZONING

KAJ PROPERTIES, LEE KELLEY, JR. of McDonough, GA is requesting rezoning of property located on the
eastern side of Flippen Road, south of Avian Forest Drive in Land Lot 5 of the 12th District. Rezoning from
RA (Residential/Agricultural) to PD (Planned Development) for a Mixed Use Planned Development. The
property contains 29.69 acres.

Cherie Matthews noted that this item was postponed by City Council last month and was scheduled to be
heard again at this meeting. Just to remind the Council of what occurred at the May 8, 2006 meeting; KAJ
Properties was requesting to rezone the property from RA to PD for a mixed use development. The applicant
is proposing to develop the property for an 85 lot subdivision with lot sizes ranging from 6,600 square feet to
11, 000 square feet with a net density of 4.6 dwelling units per acre. The applicant is also proposing to have
a commercial out parcel as part of this development so there will be a mixture in land uses. The property is
located on Flippen Road which is a densely developed area with a PD zone northeast and south of Avian
Forest and abuts the property to the north and east with a net density of 4.77 dwelling units per acre. This
request did go to the Zoning Advisory Board where they recommended denial of the request.

Councilman Moon asked why the Zoning Advisory Board denied the request. Ms. Matthews stated that a
reason was not given but Mr. McDonald made a motion to deny the request but he did not give a reason.
The Planning Staff recommended denial based on his inconsistency with the future land use map. That was
the only reason given by the Planning Staff.

A. J.Welch asked if the applicant is willing to build certain size structures and certain facial structures, etc.
Ms. Matthews responded that the applicant in the Master Development Plan indicated that the minimum
house size will be 1,800 square feet with a façade consisting of brick, stone or any combination thereof. The
exterior sides will be hardy-plank and the price range of the homes will be a minimum of $150,000 to
$200,000.

Mayor Kelley asked if anyone has a comment on this matter before it comes for a vote. No one made a
comment or asked to speak.

Harold Cochran made a motion to approve rezoning from RA to PD with conditions listed in Exhibit D of the
Rezoning Ordinance; seconded by Fred Evans, and passed unanimously.

FAYE LUMPKIN, 138 WILSON AVENUE – would like to know why she pays a sewer user charge when she
is not connected to City sewer. Would like to ask why she pays school taxes without children within the
system. (Ms. Lumpkin was scheduled for the April 10, 2006 meeting but failed to appear) Faye Lumpkin
failed to appear at this meeting.

Harold Cochran made a motion to remove Faye Lumpkin from the agenda; seconded by Fred Evans, passed
unanimously.

PERSONNEL POLICY AGREEMENT ORDINANCE – A. J. Welch advised that an up-date on the Personnel
Policy has been put in the form of an ordinance. This was requested by the administration and it is his
recommendation that the Council adopt the ordinance.

Harold Cochran made a motion to approve up-date to the Personnel Policy for City employees; Steve Moon
seconded, and passed unanimously.

MAINTINANCE AND DETENTION ORDINANCE – A. J. Welch advised that this ordinance will correct the
section numbers in this ordinance so there want be any overlapping numbers.

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

AMEND AGENDA

BRANDS MART USA SIGN VARIANCE to add Brands Mart USA Sign Variance request; Fred Evans made
a motion to amend the agenda; Steve Moon seconded, and passed unanimously.

Mr. Welch stated that the City has two sign ordinances in the City, one is a Zoning Ordinance and that has
to be published according the Zoning Procedures Act and that has not been done. The other ordinance is to
obtain approval under the regular Sign Act and it will require the Council’s consideration for a variance. Mr.
Jack Hancock represents Brands Mart and he will explain their situation to the Council.

Jack Hancock explained Brands Mart is constructing a large retail facility on I-75 just north of Highway 138.
They filed an application for a variance with Henry County Planning and Zoning in May. Unfortunately, it did
not get advertised and the property did not get posted so they appreciate the Council hearing the non-portion
of the zoning application. They also request the Council’s consideration regarding a Special Call Meeting to
occur on June 29th the soonest it could be heard in order for the publication to take place so they could get
approval under the zoning portion of the sign ordinance as well. The time is critical because they are planning
an opening of this store the first of September. It takes between 90 and 120 days to have signs constructed
and it is imperative to get direction so they can get their people to work. If their request meets the Council
approval they would like to move forward.

Mr. Hancock explained their request for a sign variance. The ordinance allows three wall signs on a structure
like theirs. It also limits the size of the wall signs to fifteen percent (15%) of the size of the wall. They are
well below the fifteen percent (15%) requirement; however, as the result of the way the building sits since
there is visibility for all four sides, they are asking that the Council grant a variance to allow four (4) building
signs to be placed on all four (4) sides of the building. The signs are probably only one percent (1%) of the
size of the walls.

They are asking a second variance to allow an interstate sign to be constructed on their property near the I-
75 boundary. They propose to construct a sign that will meet all Department of Transportation sign
regulations and the fall requirement. Kohl’s and Carmax will remove their free standing signs and they will
place their signs on the Brands Mart sign.

They are requesting a third variance to allow two (2) entrance signs on Mount Zion Road rather than one (1)
sign. The signs will be twelve (12’) feet tall. Mr. Welch pointed out that in the past the City only allows one
entrance sign per business and if we grant this variance other businesses will make this request in the future.
Mayor Kelley asked how many feet are between the two entrances. Mr.Hancock replied that there is
approximately seven hundred (700’) feet between the two entrances. Mayor Kelley stated that he is very
glad to have Brands Mart in the City and they will generate a lot of sales tax for the City and he has no
problem with granting the request.

Fred Evans made a motion to approve the four (4) signs to be placed on four sides of the building; Steve
Moon seconded, and passed unanimously.

Fred Evans made a motion to approve a sign to be placed on Brands Mart property facing I-75 subject to
removing the Kohl’s and Carmax signs; SteveMoon seconded, and passed unanimously.

Harold Cochran made a motion to approve two (2) entrance signs on Walt Stephens Road; FredEvans
seconded, and passed unanimously.

HENRY COUNTY CHAMBER – SARAH ROBINSON AND KAY PIPKIN – Art Festival Presentation.
Chamber is also requesting support of the new Henry County School Teachers with items for gift bags or a
cash donation and they will purchase the items. The bags will include items such as post-it notes, paper
clips, pencils, legal pads, rulers, markers, etc.

PASTOR DIANN WILLIAMS, MCDONOUGH, GA requested permission to hold Church services in the
Brooklyn Pavilion, located at 4043 North Henry Boulevard. There are two (2) other churches located in the
Brooklyn Pavilion and a Christian book store. She wants to know if she will be able to continue holding
services at this location.

Mayor Kelley reminded Mr. Welch that he and the City have been working on new regulations for churches
in commercial areas. Mr. Welch responded that Churches must show that they meet the occupancy code
which means they have to have all the handicapped requirements, meet all the safety requirements, meet
the correct number of toilet facilities based upon the potential number of people using the facilities. They
have to establish proof of sufficient parking for their service and everyone else that will be using the facility
at the same time. These requirements must be provided by written statement showing they are in compliance
with the ordinance and normally this information is provided to Henry County Planning and Zoning and they
make a report to the City.

Mrs. Williams stated that she spoke with Ted Strickland and he told her she needed to come before the
Council and she was not aware that she needed to furnish this information to Henry County Planning and
Zoning. From her own knowledge and understanding the building is fully equipped for handicapped persons,
they are located in the lower back portion of the building and there are 100 to 125 parking spaces in the back
of the building. On a Sunday morning there is only one other Church at this location and there is no other
facility in operation on Sunday morning at the present time.

As stated by Mayor Kelley there will be a time limit of six (6) months until they find a permanent location.
Pastor Williams said she has a fifteen (15) months lease and their ultimate goal is to be in a free standing
building. Mr. Welch stated that the Council can approve upon condition that she deliver to the City a six
month lease; a letter from the Fire Department approving the building for this particular use and it meets the
requirements of the code; a letter from the Health Department approving the building and it meets the
requirement of the code as far as the bathroom facilities are concerned; and a letter from Planning and Zoning
that there are sufficient parking spaces. She would then be in compliance.

Since Mrs. William has signed a fifteen (15) months lease she would be required to renew her permit with
the City every six (6) months.

Harold Cochran made a motion to approve subject to the City receiving a copy of lease agreement, letters of
approval from the Fire Department, Health Department and Planning and Zoning; LeilaTurner seconded, and
passed unanimously.
CLARK PATTERSON ASSOCIATES AGREEMENT to provide professional design services for the tunnel
under Norfolk Southern Railroad was explained by Ted Strickland. Mr. Strickland explained that Jack
Burnside, City Consultant recommends Clark Patterson Association to construct the tunnel because they are
presently building a tunnel under Norfolk/South railway in Kennesaw, Georgia and they know
Norfolk/Southern requirements for this type of project.

The design phase will cost $144,300 and it will take about two years to get the design completed and even
longer to get the tunnel constructed. The City has received a $530,000 Federal Grant from U.S.
Representative Scott Davis and the City’s portion will be twenty (20%) matching grant.

Fred Evans made a motion to approve the contract with Clark Patterson Associations; Leila Turner seconded,
and passed unanimously.

ROBERT RAGLAND requested to be on the agenda to get Council’s opinion about having a personal care
home at 115 Duval Drive. If approved, he will get property rezoned. Failed to appear

REEVES CREEK WALKING TRAIL - TRANSPORTATION ENHANCEMENT (TE) PROJECT – Dana
Lemon, State Transportation Board, has selected this project to receive $200,000 of Federal Transportation
Enhancement funding. Jack Burnside will administer this project under the present contract he has with the
City. The Council needs to authorize the Mayor and Clerk to sign the Pre-award Audit Certification, the
Memorandum of Understanding, and Confirmation of Project Scope. The project manager will be required
to attend a TE Project Manager Workshop.

Ted Strickland explained that the City has been working on this project for several years. The City has
already received a $500,000 grant for this project and now Dana Lemon has gotten the City an additional
Federal Grant in the amount of $200,000 which is a matching grant and the City will add twenty (20%) percent.
This will be a $900,000 project and will start at Dabney, Hunter, Simmons Memorial Park continue along the
creek to cross Tye Street and go almost all the way to Flippen Road. The City has a plan if we are able to
stay with the plan it will go almost to I-675 to Davis Road to Clark Park and almost loop the City if we can
continue to move forward with the plan.

Fred Evans made a motion to authorize Mayor Kelley and City Clerk to sign the documents; SteveMoon
seconded, and passed unanimously.
STANTEC CONSULTING SERVICES, INC. Ted Strickland advised the Council that to get Federal and State
money, the City is required to complete a rate study to see if the City needs to increase the water and sewer
rates. The Water and Sewer Department are setup as proprietorship accounts must pay for themselves and
the City cannot use General Funds to subsidize these accounts. Kathy Stege with Stantec Consulting
Services has quoted has quoted $8,000 to prepare a water and sewer rate study.

Steve Moon made a motion to approve contract with Stantec; Leila Turner seconded, and passed
unanimously.

T-MOBILE is asking permission to inspect City property at the water tank on North Henry Boulevard across
from Cobblestone Shopping Center to determine the feasibility of constructing a one hundred and fifty (150’)
foot tower and operating its communications facility on this site. The City gets a good rate of income from
towers and Mayor Kelley recommends allowing T-Mobile to inspect the property and if it meets their
specifications they will have to come to the Council with a proposition for the Council’s consideration.

Steve Moon made a motion to approve giving T-Mobile permission to inspect the property; Fred Evans
seconded, and passed unanimously.

COMPUTER SYSTEM at City Hall needs to be updated. Cost for compatible hardware is $12,673 and
software package is $11,072. The system has been patched for several months and it keeps going down
and the updates are needed to get the system running on a normal basis. The update will be done by the
Total Technology Group, the company that has been providing technical support for many years.

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

COUNCIL PICTURES – Mayor Kelley announced that the Council needs to schedule a time to have pictures
made for the quarterly newsletter “The Link”. There is a photographer available, but time slots need to be
scheduled. Mayor Kelley advised the Council to get with Clerk to schedule a time.

Harold Cochran made a motion to adjourn; Leila Turner seconded, and passed unanimously. The meeting
adjourned at 6:50 P.M.

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