---
date: 2004-06-14
title: June 14, 2004 Minutes
source: 2004-06/2004-06-14_June 14, 2004_Minutes.pdf
pages: 1
---

June 14, 2004

CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA JUNE 14, 2004

The Regular Meeting of the Stockbridge City Council was held on June 14, 2004 at 6:00 P. M. Mayor R. G.
Kelley presided and member present were Harold Cochran, Fred Evans, W.A.Gardner, Steve Moon and
Fletcher Turner.

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

Invocation was given by Councilman Steve Moon.

Harold Cochran made a motion to approve minutes of May 10, 2004 Council Meeting; SteveMoon seconded,
and passed unanimously.

Mayor Kelley welcomed guests.

TRIAD INVESTMENT, 3108 JODECO ROAD, JONESBORO, GA requested rezoning of property located
on Highway 42 south of Brannan Road in Land Lots 1 and 2 of the 7th District from M-1 (Light Manufacturing)
to RM-2 (Townhouses). The use of the property is for a Single-Family Townhouse Development.

A. J. Welch advised the Council that originally an application was filed with the City to zone a portion of the
property for residential purposes and the remaining portion for RM-1 for townhomes. Because of the
moratorium on RM zoning the RM zoning was tabled. The owners of the property along with the developers
of the property which is Charrette Development Group have requested the Council consider the rezoning
request from RM-2 to R-3 since it is a down zoning from the RM request, it can be done. There has been a
Development Agreement prepared and the owner and the developer have signed the agreement. The
maximum number of lots is 69. The minimum lot size is 10,500 square feet. One third of the homes must
be a minimum 2,000 square feet; one third a minimum of 2,200 square feet; and one third a minimum of
2,500 square feet. Seventy-five percent (75%) of the structure must be built of brick, stone, stucco, hardi
plank or wood, only the soffits and gables can be of the highest grade vinyl which is .048 thick.
There is a variance request for 12,000 square feet to 10,500 square feet and from a seventy-five foot (75’) to
a sixty-foot (60’) lot because of the property terrain. They are setting aside seven plus acres for green space
and have agreed to put in two amenity packages which consists of pools, two separate playgrounds for
different aged children and a pavilion with a shower and bathroom for each one. It is the recommendation of
the staff that the Council accept the variances and authorize the zoning to R-3 with the approval of the
Development Agreement as announced.

Councilman Moon asked where the entrance will be located. Mr. Woodall explained that the entrance will be
across from the entrance of the Eagle’s Landing Baptist Church. Councilman Moon asked if they have a
drawing of what they plan to develop. Mr. Woodall replied that since their original plans have changed they
are having an architect redrawing their plans and they are revising the home plans to meet the R-3
requirements.

Mayor Kelley asked if there is any opposition to this project and there being none Mayor Kelley asked for a
motion.

Steve Moon made a motion to approve rezoning from M-1 to R-3; to approve the variances as shown on
Exhibit “D” Conditions of the Rezoning Ordinance; to approve the Development Agreement, and Fred Evans
seconded, and approved unanimously.

FLOYD CHAPEL BAPTIST CHURCH, 104 FIRST STREET requested a Conditional Use of property located
at 104 First Street in Land Lot 61 of the 12th District for the expansion of an existing church. Recommended
by Planning and Zoning with five (5) conditions.

Sherri Mathews Henry County Planning and Zoning stated that what the Council has before them is a request
for a Conditional Use and what the Church is seeking to do is to expand onto an existing Church and based
on the ordinance they have to request a Conditional Use. The Planning Commission hear this case on May
13, 2004 and recommended approval with four conditions.

1. The Applicant shall submit, to the City Clerk and City Attorney, an updated legal
description and plat (11”X17”), certified by engineer or surveyor licensed in the
State of Georgia, of the Property.

2. The conditional use shall be granted pending approve of the variance request.
3. All signage, not attached to a building, shall be an eight-foot (8’), monument-
based and shall have consistent character and design details that reflect the
architectural design of the project.

4. An exterior lighting plan shall require all lighting to be of moderate brightness
and downcast.

5. The new building will match in color with the existing structure, the front will be
constructed of brick, and the two sides and rear will be constructed of EFIS
(Exterior Finishing Insulation System) or stucco appearing material.

Fred Evans made a motion to approve with five (5) conditions; Fletcher Turner seconded, and passed
unanimously.

FLOYD CHAPEL BAPTIST CHURCH, 104 FIRST STREET requested a variance of property located at 104
First Street in Land Lot 61 of the 12th District to reduce the required building setback and to eliminate the
required buffer.

Sherri Mathews stated the applicant requests a variance to reduce of the side setback from fifty (50’) feet to
forty-six and fourteen tenths feet (46.14’) and to eliminate the twenty-foot (20’) landscape buffer along the
northern property line. Sherri Mathews pointed out that the request does not meet the intent of the Henry
County Zoning Ordinance, but the church is already in existence and will have no ill effect on the surrounding
area; and therefore, the Planning Staff recommends approval.

The Mayor and City Council approved this variance subject to the following conditions:

1. The Applicant shall submit, to the City Clerk and City Attorney, an updated legal
description and plat (11”X17”), certified by an engineer or surveyor licensed in
the State of Georgia, of the Property.

2. Reduce side set back from fifty feet (50”) to no less than forty-six (46’).

3. Eliminate landscape buffer along the northern property line.
Fred Evans made a motion to approve with three (3) conditions; Fletcher Turner seconded, and passed
unanimously.

SPIVEY COMMUNITY CHURCH, 3887 WALT STEPHENS ROAD requested a Conditional Exception of
property located at 3887 Walt Stephens Road in Land Lot 25 of the 12th District to utilize two (2) modular
trailers for the purpose of temporary classrooms.

Sherri Mathews reported that on May 13, 2004 the Planning and Commission recommended approval of this
request with the following conditions.

1. The Applicant shall submit, to the City Clerk and City Attorney, an updated
legal description and plat (11”X17”), certified by an engineer or surveyor
licensed in the State of Georgia, of the Property.

2. Conditional Use will remain n effect until said church (Spivey Community
Church) ceases to be at this location.

3. The request shall be granted for no more than one year starting at the date
of approval by the Building Department.

4. The Modular units shall be placed on the site in accordance with Henry
County standards.

Sherri Mathews pointed out that this is a conditional exception and if they go beyond one year they will be
back before the Council again for renewal of the conditional exception.

Fletcher Turner made a motion to approve conditional exception; Steve Moon seconded, and passed
unanimously.
LINDY AND TOMMY BUSSEY, OF COVINGTON, GEORGIA, requested annexation of property located at
104 Neal Avenue in Land Lots 62, 63 and 66 of the 12th District. The property is zoned R-2 (Single-Family
Residential).

Fred Evans made a motion to approve annexation; and Fletcher Turner seconded, and passed unanimously.

MOSQUITO CONTROL ORDINANCE – A. J. Welch, City Attorney presented the Mosquito Control
Ordinance to bring the City in line with the existing state statute and recommends approval.

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

CONSERVATION RESIDENTIAL SUBDIVISION DISTRICT ORDINANCE –– A. J. Welch, City Attorney
advised the Council that this ordinance was prepared in draft form and is ready to be approved at this meeting.

Sherri Mathews advised the Council that she and Andy Welch worked on this ordinance and that Andy Welch
has addressed all of the concerns that the Planning Commission had and changes have already been made
to the ordinance.

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

ILLICIT DISCHARGE AND ILLEGAL CONNECTION ORDINANCE – A. J. Welch advised the Council that
this ordinance is part of the Stormwater Management process and recommends approval of the ordinance.

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

SOIL EROSION AND SEDIMENTATION CONTROL – A. J. Welch informed the Council that this ordinance
is a definition change and recommends approval.

Fred Evans made a motion to approve; Harold Cochran seconded, and passed unanimously.
POST-DEVELOPMENT STORMWATER MANAGEMENT FOR NEW DEVELOPMENT AND
REDEVELOPMENT ORDINANCE – A. J. Welch informed the Council that this ordinance is another part of
the stormwater program that the City is putting into place. This is for new developments and redevelopments
and it meets the requirements of the state statute and recommends approval. This is just the next step
coming into compliance with stormwater management.

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

10% SURCHARGE ON COURT FINES – A. J. Welch advised the Council that this fine is being imposed by
the State of Georgia, Superior Court to cover cost of the indigent defense fund and he has prepared an
ordinance that adopts the new time elements and new fee scheduled set by the State. This is in House Bill
1EX which was adopted and signed by the Governor. Part of it becomes effective July 1, 2004 and some in
January, 2005 and some the following July, 2005. The Council will adopt the dates when they become
effective in the City and basically, the City will add a ten percent (10%) surcharge that we have to add to our
fines, make the additional collections that will be paid to a new agency that is being created by the State.
The issue came up that; for example, if a fine is $1,000 and the surcharge is $100.00 and the person is only
able to pay $100.00 at a time would the Municipal Court have to send the $100.00 to the State. The answer
to that question is “no” and the Court will send the State ten percent (10%) of what we collect when collected.
The Court was concerned that the City would have to pay out money on fines not yet collected. It was noted
that Municipal Courts will not receive any of the State funds for municipal indigent cases. These funds will
be used to fund superior court indigent cases.

Steve Moon made a motion to approve; Fletcher Turner seconded, and passed unanimously.

MUNICIPAL COURT – Mayor Kelley stated that when the Municipal Court begins applying the 10%
surcharge, the Court Clerk would like permission to total all surcharges and round up to $5.00.

Fletcher Turner made a motion to amend the Municipal Court Ordinance to include rounding up the
surcharges to $5.00; W. A. Gardner seconded, passed unanimously.

PROBATION FEES – Mayor Kelley advised the Council that the Municipal Court is requesting an increase
in probation fees from $35.00 ($26.00 to City/$9.00 to State) to $40.00 ($32.00 to City/$9.00 to State).

Steve Moon made a motion to amend the Municipal Court Ordinance to include the increased probation fees;
W. A. Gardner seconded, and passed unanimously.
BIG OAK VILLAS – Ted Strickland informed the Council that Big Oak Villas has a couple of parking spaces
set aside for “visitors only”. When people move in the Villas they put their junk cars, boats and campers in
the parking spaces and there is no space for visitors to park. It becomes a trash heap most of the time and
Mr. Strickland has been unable to get them out. What he would like to do is place a “48 hour parking” sign
to notify that they are illegally parked and will be towed at the owner’ expense.

A. J. Welch recommended the Council adopt an ordinance saying that the parking time for this particular area
is limited to 48 hours and authorize the City Manager to post signs and have these restrictions enforced.

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

PENSION BENEFITS ORDINANCE – Mayor Kelley advised the Council that this ordinance amends the
benefits of the employees and elected officials through the Georgia Municipal Association Pension Plan for
members over 65 to begin receiving their benefits whether working fulltime or not. This item was passed
over on the May 10, 2004 Council Meeting Agenda and is being heard at this meeting.

Harold Cochran made a motion to approve; Fletcher Turner seconded, and passed unanimously.

CHUCK DUBBS, PINEHURST TEA ROOM – Mayor Kelley advised the Council that Mr. Dubbs would like
to discuss the City’s fee that is assessed for businesses with dance floors. Mayor Kelley asked Mr. Dubbs if
he has a dance floor at his business. Mr. Dubbs responded “yes” that it is 20X30 and he decided to put it in
when they added the addition to their business simply for the convenience of the wedding receptions. He
received a notice last month of a tax of $750.00 on a dance floor. He stated that he has never heard of this
before. Where does it come from and why does he need to pay a tax on a dance floor that he uses maybe
two (2) or three (3) times a month.

Mayor Kelley stated that originally the ordinance was not put in for his particular type of business. It was put
in for nightclub type places that we spend a lot more money than $750.00 a year in having it policed. The
City does not have a separate ordinance to cover his type of business. This ordinance has been in force for
many years. A. J. Welch stated the Council did not have the authority to waive the fee.

Mayor Kelley informed Mr. Dubbs that the only thing the Council is able to do is prorate the 2004 fee for six
months. Clerk to send notice of prorated tax for 2004.
JANE ASKEW RUTLEDGE – Mayor Kelley advised the Council that Mrs. Rutledge would like to donate her
father’s house at 104 Askew Drive to the City to be converted into a senior citizen center. Mrs. Rutledge
stated that the City would have to follow the IRS regulations and have the house appraised. Mayor Kelley
said the City has been working toward providing a facility for seniors but the City does not want to move in
another house where we just had four or five houses cleared off of the property adjacent to the conference
center.

A. J. Welch noted that if the Council moves this house in, the entire house would have to be completely
renovated to make it handicapped accessible. Mayor Kelley recommended this be tabled until the matter
can be investigated.

W. A. Gardner made a motion table; Fletcher Turner seconded, and passed unanimously.

EXECUTIVE SESSION - Steve Moon made a motion to go into Executive Session; Fletcher Turner
seconded and passed unanimously.

To discuss personnel matter, acquisition of property, and possible litigation regarding House Bill 489, and
other matters pertaining to the operation of the City.

Fred Evans made a motion to adjourn the Executive Session and return to General Session; Fletcher Turner
seconded, and passed unanimously.

HOUSE BILL 489 – Fred Evans made a motion to authorize Mayor Kelley to execute House Bill 489
Agreement with Henry County on the behalf of the City of Stockbridge; Steve Moon seconded, and passed
unanimously.

HENRY COUNTY WATER AND SEWER AUTHORITY – Steve Moon made a motion to authorize Mayor
Kelley to sign a new 50 year Henry County Water and Sewer Authority Agreement; Fred Evans seconded
and passed unanimously.

PERSONNEL MATTERS:

Chad Sutton was reinstated with 3 weeks suspension without pay as time served.
David Walraven was terminated upholding Ted Strickland’s decision to terminate.

W. A. Gardner made a motion to adjourn; Fletcher Turner seconded and passed unanimously. Meeting
adjourned at 7:30 P. M.

Respectfully submitted,

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