---
date: 2002-01-14
title: January 14, 2002 Minutes
source: 2002-01/2002-01-14_January 14, 2002_Minutes.pdf
pages: 1
---

January 14, 2002

CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA JANUARY 14, 2002

The Regular Meeting of the Stockbridge City Council was held January 14, 2002 and Mayor R. G. Kelley
presided. Members present were Harold Cochran, Fred Evans, W. A. Gardner, Ronnie Simmons and
Fletcher Turner.

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

Mayor R. G. Kelley, Councilmen Harold Cochran and W. A. Gardner were each sworn-in for four year terms.

Harold Cochran made a motion to approve minutes of December 10, 2001 Council Meeting; Fred Evans
seconded, and passed unanimously.

Mayor Kelley welcomed guests.

Mayor Kelley appointed council members to serve on the Mayor’s Committees for 2002. Each member will
serve on the same committees as last year.

Mayor Kelley recommended Ronnie Simmons be elected as Mayor Pro Tem. W. A. Gardner made a motion
to approve Ronnie Simmons and Mayor Pro Tem; Fred Evans seconded and motion carried.

Council Appointments: A. J. Welch, City Attorney
Ernest Blount, Judge
Donald Patten, Solicitor
Jim Chaffin, Alternate Judge
Merle Manders, City Clerk
Nancy Brown, Deputy Clerk
Ted Strickland, City Manager
Fred Evans made a motion to approve Council Appointments; Ronnie Simmons seconded, and passed
unanimously.

PLANNING AND ZONING

Rezoning

STEVE HARPER, CUSTOM DRYWALL SPECIALIST, INC, requesting relocation of his business from
4858 North Henry Boulevard, zoned OI (office institutional) to 4323 North Henry Boulevard, zoned C-2
(general commercial). Drywall business should be located in M-1 zoning. Henry County Code Section 3-7-
155 Light Manufacturing District, Permitted use No. 20.

Bill Moody represented Steve Harper and requested Mr. Harper be allowed to move his office to 4858 North
Henry Boulevard. There will be no outside storage whatsoever. The building is approximately the same as
the building he presently leases. There will be no large delivery trucks delivering to this site, all materials will
be delivered to the jobs. He simply wishes to move his operation to this new location.

Mayor Kelley advised Mr. Moody that it will be on record that no outside storage will be allowed and reflected
on his occupational tax license.

Ronnie Simmons made a motion to approve the relocation of Mr. Harper’s business and he would be required
to comply with the C-2 (light commercial) regulations which does not allow outside storage; Fletcher Turner
seconded, and passed unanimously.

DAVIS DEVELOPMENT OF STOCKBRIDGE, GEORGIA requests rezoning from C-1 (neighborhood
commercial) and C-2 (general commercial) to RM (multiple-family residential) for property located in Land
Lot 4 of the 12th District and Land Lot 13 of the 6th District, off Rock Quarry Road. The property contains
approximately 36.58 acres and the request is for a luxury apartment home community. The Planning
Commission heard this request on November 8, 2001 and approved it with four (4) conditions:

1. A thirty-foot (30’) buffer shall be preserved along the portions of the proposed
development where it abuts commercial development. Where vegetation is
limited in density, the developer shall plant trees consistent with existing
vegetation to compensate, as approved by Planning and Zoning Department.

2. All Buildings shall be constructed of brick, stone, stucco, or any combination
thereof.
3. There shall be sidewalks throughout the development, also along Rock Quarry
and North Park Trail connecting the development with the commercial
developments along the said corridors.

4. The interior lighting plan should consist of lights of downcast lighting of moderate
brightness. Where buildings back into wooded areas, lights should be motion
sensitive.

A. J. Welch, City Attorney, advised Council that this matter was tabled at the December 10, 2001 meeting for
several reasons. The density recommended by the Planning Commission was in excess of what is authorized
by the statute even if you granted full variance for what is in the flood plain. The Mayor and Council asked
that the legal staff look into this matter and to come up with recommendations that vary some from the
Planning and Zoning staff.

1. The conditions set forth by the Planning Commission would apply.

2. All buildings will contain seventy-five (75%) percent brick and rock. Twenty-five
(25%) percent stucco with hardy board permitted under the eaves of the buildings.
This is an upgrade from what the minimum of what the ordinance requires.

3. Remain as recommended.

4. Remain as recommended.

5. There would be a minimum of thirty-eight (38) enclosed garages that will be used
for the sole purpose of garages and not converted into residential uses, including
storage facilities.

6. It will be a gated community that will be operated and monitored by the
developer/owner of the property at their expense.
7. There will be an enhanced landscape plan that would be submitted to the Council
for approval. It would have to be understood that this is not just a minimal design
but is a sufficient landscape design that would be commissary with luxury
apartments.

Mr. Welch reported that the developers are unable to give the exact number of trees, shrubbery, the height
of the shrubbery, etc. Condition seven (7) will remain open for the Council’s approval. They recommend the
condition documents be prepared and approved before any building permits are issued. There are no
objections to the issuance of grading permits. The landscape requirement will be especially substantial along
Rock Quarry Road for this development.

The developers previously requested a number of variances to the amenity packages that are required to be
maintained under the ordinance. After lengthy discussion, the recommendation is that the basketball facilities
will remain the same. The soccer/football field combination will remain the same. They will be allowed to
use the football/soccer field in combination with a baseball/softball field. The developers understand they
would be required to get the minimum standards for each field which means the football/soccer field would
be extended in order to accommodate a combination of all fields.

Previously, the developer asked for 292 units of apartments and the recommendation to the Council is not to
exceed 245 units. This is being done based on the upgrades that have been required and there has been
no consideration given for the fact that they do have flood plain area. Everyone needs to bear in mind, they
are required to build the apartments as if it was four units per acre and in order to get the extended number
of apartments they have to carry those up which is in conformity with the Atlanta Regional Commission and
GRETA, the Governor’s planning strategy to have higher densities around interstates. The parking spaces
would be reduced from three (3) to two (2) per apartment unit plus the parking garages.

Mr. Welch asked J. T. Williams, owner if everything has been stated correctly? Mr. Williams responded that
the ordinance requires fifty (50%) percent brick or rock. Mr. Welch pointed out that Mr. Williams is offering
an increase from fifty (50%) percent to seventy (75%) and that would be brick or rock.

Ronnie Simmons made a motion to approve with the conditions described above; Fred Evans seconded, and
passed unanimously.

Mr. Welch advised Clerk that under the zoning ordinance the Exhibit “B” will have to be revised to include all
of the enhancements. When the Exhibit “B” has been revised attach it to the Rezoning Ordinance.
Variance:

DAVIS DEVELOPMENT OF STOCKBRIDGE, GEORGIA requested variances for property located in Land
Lot 4 of the 12th District and Land Lot 13 of the 6th District, off Rock Quarry Road. The property contains
approximately 36.58 acres and the request if for a revised density calculation, and for a reduction in the
requirements of parking and amenity area.

This variance was covered in the Davis Development request for rezoning.

GIBBY & BRINSON LAND DEVELOPMENT, INC. OF STOCKBRIDGE, GEORGIA requested a variance
for property located in Land Lot 62 of the 12th District, at 4340 Highway 42. The property contains
approximate 1.0 acre and the request is for the elimination of a wetland buffer.

Fredrick Gardiner, Henry County Planner, reported that Mr. Gibby is requesting a variance from the twenty-
five (25’) foot wetland and stream requirements. The application has been evaluated by staff and recommend
approval of the request. It is not an issue and has been approved by the Corps of Engineers because of the
small size lot. The only question was the County’s twenty-five (25’) wetland buffer to stop them from utilizing
the property and this has been settled.

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

DALE HALL, HENRY COUNTY PLANNING DEPARTMENT, addressed the Council regarding the Wetland
Protection Ordinance and as a matter of information, the County is considering revising the ordinance to
allow for administrative provisions for the Corps of Engineers nationwide permits which address the wetland
matters and these variances will not have to be brought to the cities. When complete it will be sent to the
cities.

STEPHEN P. HARRISON OF McDONOUGH, GEORGIA requests a variance from underground to
aboveground storm water retention facility. This request has not been brought to Council by Planning and
Zoning. Mayor Kelley asked if this matter has been heard by Planning and Zoning? Fredrick Gardiner with
Henry Planning and Zoning responded affirmative.

Mr. Gardiner advised the Council that staff has reviewed the ordinance and under the city code under the
planning and development section it is basically stated under Section 8-24-020 – “Storm Water Run-off
Management in Commercial and Industrial Zoned Areas”, that in commercial and industrial zoned areas, all
storm water detentions facilities shall be constructed underground unless otherwise approved by the Mayor
and Council. Staff has reviewed this matter and the applicant does not have to go through the regular zoning
process. Mr. Gardiner suggested the Council consider revising the ordinance to require staff to review
variances of this nature as a safety measure. Variances would go through review and legal advertisement
and come before the City for final disposition.
Mayor Kelley noted that in the past the City has required all variances to come through Henry County
Planning and Zoning for review and then before the City Council. Mayor Kelley asked where is the property
is located? Steve Harrison responded that the property is located on County Club Drive adjacent to the
new Microtel Motel.

Mr. Gardiner advised Council that the site plan that was submitted and is a part of the Council’s package is
an old site plan that Mr. William DeLoach prepared and the southwest corner of the parking lot as being
the detention facility. Included in the dark highlighted area the site plan reflects the one hundred (100)
year flood limit and basically that is as far as the water should go. Staff has concerns regarding public
safety issues if that event should occur because there would be no access to and from the building from
the rear parking area. There is only four feet from the dark line to the curb (see plat in file) and maybe
Mr. DeLoach could restructure the drawing to make it at least twelve feet (12’) to allow cars to go back
and forth in the parking area. Also, the dumpster area is designed to be four feet (4’) above the one
hundred (100’) year flood elevation. If this event happens, the tenants will not be able to use the dumpster
area. Staff believes Mr. DeLoach will be able to relocate the dumpster area and the Council should let staff
know what direction they would like for Mr. DeLoach to take on this matter.

Mayor Kelley stated that this matter should go before Planning and Zoning for review before the Council
will be able to make a decision. Frederick Gardiner said Planning and Zoning as well as the county engineers
has reviewed it but the way the ordinance is written there is no provision that says it has to go through the
public hearing process.

A. J. Welch, City Attorney pointed out that if the Council decides to grant the variance, it could be issued
based upon the safety issues that Mr. Gardiner has brought to the Council’s attention. The site plan needs
to be redrawn so they would maintain unencumbered access of a minimum of twelve feet (12’) and the
dumpster would have to be moved to a different location.

Mayor Kelley stated that we still have the problem that the City requires underground detention and their
plans call for aboveground detention.

Councilman Simmons stated that none of the drainage will come toward the front of the property but all
drains to the rear of the property. Councilman Simmons inquired if the flood plain elevation in the marked
area is four feet (4’)? Mr. DeLoach responded that four feet (4’) comes to the top of the curb and actually
the one hundred (100) year flood elevation is 92.71, which is one foot three tenths (1.03) below that area.
It almost does not get up to the curb if you look at the drawing at the corner of the building. The curvy
line on the plat represents the detention level in the one hundred (100) year flood plain.

Dale Hall said their issue as the planning staff is looking at the dumpster. Even though the dumpster is as
it seems on these elevations, above where the water will be, how does the truck get to the dumpster? You
would have to go through the water to get to the dumpster. Mr. DeLoach responded that you would not
be picking up water (trash) in a one hundred (100) year storm but they would have access to the back
through the building. There is a stairwell that can take you to either floor and a hallway that goes through
the building plans that would get you to the bottom floor to allow anyone needed to get back there for
whatever. Dale Hall responded that staff’s issue with that it is designed so automobiles have to travel
through the detention area to get to the parking area and again from a safety issue it could be detentionally
redesigned to allow the detention area to go more along the back drive area to minimize having to drive
through the detention area. Obviously it has been moved out of the parking lot so people will not have to
get out into it but they still have to traverse with their car through that area. Mr. Hall reported that the
elevations in the farthest corner the elevation is about 790 and the elevation of the curb on the detention
is 794. Mr. DeLoach pointed out that it’s to the top of the wall not the storm level.
Ronnie Simmons made a motion to grant a variance to allow aboveground storm water detention in the
south west corner so long as it’s engineered to provide a minimum of twelve feet (12’) of unencumbered
access for vehicles to the rear parking lot and the dumpster to be located outside the detention area;
Fletcher Turner seconded, and passed unanimously.

Annexations:

GREGORY F. CHAPMAN, 722 DAVIS ROAD, STOCKBRIDGE, GEORGIA requested initial zoning from R-
3 (single-family) unincorporated Henry County to R-3 (single-family) within the City of Stockbridge. The
property is located in Land Lot 71 of the 12th District on the north side of Davis Road. Property contains 0.264
acres and the request if for annexation into the City of Stockbridge.

Fred Evans made a motion to approve initial zoning request; Ronnie Simmons seconded, and passed
unanimously.

Fred Evans made a motion to approve annexation; Ronnie Simmons seconded, and passed unanimously.

HUDGINS COMMUNITIES, INC., PEACHTREE HOMES, INC. AND MNW CONSTRUCTION, INC.
requested initial rezoning from R-2 (single family residential) unincorporated Henry County to R-2 (single
family residential) within the City of Stockbridge. The property is located in Land Lots 30 and 35 of the 7th
District on the west side of Brannan Road. The property contains 72.395 acres and the request if for
annexation into the City of Stockbridge.

Fred Evans made a motion to approve initial zoning request; Ronnie Simmons seconded, and passed unanimously.

Fred Evans made a motion to approve annexation; Ronnie Simmons seconded, and passed unanimously.

BARRY PHIPPS – Mayor Kelley invited Mr. Phipps to address the Council. Mr. Phipps said that he did not
want to necessarily address the Council. Several weeks earlier, Mr. Phipps stated he had come to City Hall
to request a meeting with the Mayor and he was refused. He asked to address the Council and that was also
refused. That’s why he came tonight because he was refused in both instances. He was not told he had a
spot on the agenda.

Mayor Kelley asked why he wanted to address the Council? Mayor Kelley advised Mr. Phipps that as far as
meeting with him personally, the Council makes the decisions brought before them and not the Mayor. Mr.
Phipps alleged he was hired by the City of Stockbridge for a specific job and that he has not undertaken that
job yet. When it was determined that Mr. Phipps intended to discuss personnel matters, Mayor Kelley advised
Mr. Phipps that personnel matters are heard in Executive Session. Mayor Kelley instructed Mr. Phipps to
have a seat and the Council will meet with him after the regular meeting.

NEW BUSINESS

Ordinances:

MERCHANDISE DISPLAY ORDINANCE AMENDMENT. A. J. Welch, City Attorney, explained to the
Council that this ordinance will amend Chapter 9.36 of the code to change the definition of what a merchant
is and what a sidewalk sale is. Legal staff recommends the Council adopt this amendment.

Harold Cochran made a motion to approve amending Chapter 9.36; Fred Evans seconded, and passed
unanimously.

TREE ORDINANCE. A. J. Welch presented the Tree Ordinance as the ordinance that has been approved
by Henry County and recommends that the City adopt the ordinance. The City has waited one (1) year to
see how the ordinance has been managed in Henry County and it appears to be beneficial.

W. A. Gardner made a motion to adopt the Tree Ordinance; Fletcher Turner seconded, and passed
unanimously.

NOISE ORDINANCE. A. J. Welch said that in light of some court decisions that have come out recently,
legal staff has reviewed the ordinance and it has been brought up to date to bring it in compliance with
those recent cases. It is recommended that the Council approve the Noise Ordinance at this meeting and
the implementation will be based upon some equipment that will have to be verified. If the ordinance is
adopted, send a copy to each business and warning notice should be given in any areas that we are having
problems.

Harold Cochran made a motion to approve Noise Ordinance with an additional exception that this will not
apply to the operations of existing mining operations within the City; Ronnie Simmons seconded, and passed
unanimously.
CITY OF STOCKBRIDGE CHARTER – SECTION 3.11 - ORGANIZATION – A. J. Welch advised Council to
adopt a resolution verifying that the Council authorized Ronnie Simmons to act as Mayor Pro Tem at the
December 10, 2001 Council Meeting.

Fred Evans made a motion to adopt a resolution authorizing Ronnie Simmons to act as Mayor Pro Tem at
the December 10, 2001 Council Meeting.

RADAR PERMIT. A. J. Welch advised Council to adopt a resolution to authorize Henry County Police
Department to run radar in the City limits of Stockbridge under the HCPD permit.

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

SUMMER HILL HOMEOWNERS ASSOCIATION BOARD OF DIRECTORS requested four-way stop sign
and speed breakers at the intersection of Summer Hill Circle and Cheyenne Drive. Ted Strickland
recommends trying the stop signs rather than speed breakers.

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

REQUEST FOR HOME OCCUPATION LICENSE.

A. G. RESOURCES, USN, FARHANKHAN, 192 WILLOW SPRINGS LANE – Requested a Home
Occupation License to operate an export of scrap material business. Mr. Farhankhan explained that he
would be purchasing new and refurbished, ship them from where the computers are purchased. He only
needs a license to operate an office from his home. No signs, no outside storage will be allowed.

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

THAYER TATE, 100 TALON PLACE – Requested a Home Occupation License to operate a business and
technology service for small businesses. He plans to do computer consulting developing services. No
customers, no signs and no outside storage.

Fred Evans made a motion to approve; Fletcher Turner seconded, and passed unanimously.
TIM COFFEY, 508 KETTLETOFT COURT – Requested Home Occupation License to operate an electrical
contractor business. Mr. Coffey said he would have no customers coming to his home, no storage of
materials. He needs an office for tax purposes and as a place to do his paper work.

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

SUAMARI HONDRAN EXPORTS, MARIA S. TORRENS, 105 LANDOVER DRIVE – Requested a Home
Occupation License to operate an import/export business to bring crafts from Honduras. They will have no
storage or advertisement. Orders will be placed by internet and shipped direct to customer.

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

SALVATION AND GLORY, CLAYTON ALVES, 128 TURNING POINT – Requested Home Occupation
License to operate a consulting business. Their company is a consulting and training company. They teach
leadership skills and development skills for schools and churches primarily at this time. They will maintain
only an office at their house where they will receive phone calls and mail and prepare presentations on his
compute but the training takes place at his client’s location.

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

DEBORAH J. ALLEN/SHERROD, 113 WILLOW HILL LANE – Requested Home Occupation License to
operate a pharmacy staffing business. This company will provide backup staff for pharmacies. She will use
her phone or computer to notify a pharmacist to report for work at a pharmacy.

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

MICHAEL ROBERTS dba MichRo ENTERPRISES, 415 EAGLET COURT – Requested Home Occupation
License to operate a promotional sales business. Mr. Roberts will be marketing and selling a grocery coupon
certificate book to businesses and non-profit organizations for fund raising and promotions. There will be
some sell to individuals but those will be minor. There will be no signs, no traffic. He will operate only an
office and he needs a license to get started.

Fred Evans made a motion to approve; Harold Cochran seconded, and passed unanimously.
REV. DANIEL EDWARD, JR. requested he be heard. Mayor Kelley responded that he should have gotten
on the agenda the Wednesday prior this meeting. He tried to make an appointment with the Mayor Kelley in
December and was told that Mayor Kelley was in the hospital and was not making appointments for awhile.
Mayor Kelley told Rev. Edwards that under the circumstances the Council will hear him.

Rev. Edwards said he was here to try and understand the City’s policy. He asked if the City has an open
door policy? Mayor Kelley responded that he thinks so. Mayor Kelley advised Mr. Edwards not to interrogate
him but to state what he is here for. Rev. Edwards said he has every right. Mayor Kelley responded that he
did not have the right to interrogate him. Rev. Edwards asked if the policy is without any limitations? A. J.
Welch stated that that was a wide-open question and if Rev. Edwards wishes to address the Council, then
he just needs to address the Council.

Mr. Welch advised Rev. Edward that if he has a grievance with the City, it should be put on record whatever
it may be but asking questions should be reduced to writing and submitted. The City is required to answer
those under the open records act and the City will do that. The City has no idea where this is leading and if
it’s a potential litigation matter then the City will have to deal with it. Rev Edwards said it really is not a
litigation matter and he is insulted when he tries to talk with a City Official. Originally he was simply going to
invite the Council to their parade. But when he did not hear from the Mayor he became concerned. Mayor
Kelley explained that he has been in and out of the hospital for a month.

Shortly after that, Mr. Phipps a member of his church, came to him with his concerns and Rev. Edwards just
wants to talk with the Mayor. Mayor Kelley said that anything he wants to say to the Council he is welcome.
Rev. Edwards said that as of tomorrow, they will send a letter to request a copy of the City’s EE04 report for
the last two years under the open records act. The Clerk advised that the City is not required to file those
reports. A. J. Welch responded that if it is in writing the City will respond.

EXECUTIVE SESSION

Harold Cochran made a motion to go into Executive Session for the purpose of discussing personnel matters;
Fred Evans seconded, and passed unanimously.

W. A. Gardner made a motion to close Executive Session and reconvene regular meeting; Fred Evans
seconded, and passed unanimously.
It was noted that the Executive Session was called for the purpose of accommodating Barry Phipps and let
the record show that Mr. Phipps left the meeting before he was called to be heard.

Motion was made by Fred Evans to authorize the Clerk to notify Mr. Phipps that the Council will meet with
him at a later date if he so desires; Fletcher Turner seconded, and passed unanimously.

Fred Evans made a motion to adjourn; W. A. Gardner seconded, and passed unanimously. The meeting
adjourned at 7:50 P. M.

Respectfully submitted,

Merle Manders R. G. Kelley
City Clerk Mayor
