---
date: 2004-01-12
title: January 12, 2004 Minutes
source: 2004-01/2004-01-12_January 12, 2004_Minutes.pdf
pages: 1
---

January 12, 2004

CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA JANUARY 12, 2004

Newly elected candidate Steve Moon and re-elected Councilmen Fred Evans and Fletcher Turner were
sworn-in for four year terms each from January 1, 2004 through December 31, 2007.

The Regular Meeting of the Stockbridge City Council was held at 6:00 P. M. on January 12, 2004. 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 convene; Fred Evans seconded and passed unanimously.

Councilman Steve Moon gave the invocation.

Harold Cochran made a motion to approve the minutes of December 8, 2003 Council Meeting.

Mayor Kelley welcomed guests.

Mayor Kelley presented the Mayor’s Committees for 2004. Fred Evans made a motion to approve; Fletcher
Turner seconded and passed unanimously.

W. A. Gardner was elected Mayor Pro Tem. Fred Evans made a motion to approve; Steve Moon seconded
and passed unanimously.

Fred Evans made a motion to approve the following appointments; Steve Moon seconded and passed
unanimously.

Council Appointments: A. J. Welch, City Attorney
Ernest Blount, Judge
Donald Paten, Solicitor
Jimmy Brown, Alternate Judge
Ted Strickland, City Manager
Merle Manders, City Clerk
Nancy Brown, Deputy Clerk

PLANNING AND ZONING

Annexation:

GEORGE F. MAYNARD, UNITED HOUSING HUDSON BRIDGE, LLC, OF TUCKER, GEORGIA requested
annexation into the City of Stockbridge of property located at 1501 Hudson Bridge Road (in the past known
at Hudson Bridge Apartments, LLC). The property contains 15.0 acres located in Land Lot 21 of the 6th
District and zoned RM (Multi-Family).

George Maynard stated that his client purchases run down apartments remodels and sells as fee simple
townhomes. The main reason they want to be annexed into the City of Stockbridge is because they have
property to the rear and one side that can be developed and is currently zoned four (4) units per acre. After
the annexation they will apply for rezoning for up to eight (8) units per acre.

A.J.Welch, City Attorney, informed Mr. Maynard that the part they are annexing into the City, the City has
four (4) units per acre zoning but they can upgrade by putting in amenities, etc. to get as much as eight (8)
units under the existing zoning.
Councilman Moon asked if Mr. Maynard is aware of the RM (Multi-family) zoning moratorium. Mr. Maynard
responded that they are aware of the moratorium and it’s no problem because they do not plan construction
anytime soon. They are doing cosmetic renovations on the outside of the buildings, landscaping and then
they will market the individual units.

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

Variance:
WILL TOMASSELL0, FOREST PARK, GA requested a variance for property located at 175 Medical
Boulevard, in Land Lot 13 of the 6th District. The property contains 1.65 acres and the request has changed.
Ray Gibson with the Henry County Planning Staff has been working with Mr. Tomassello to come up with a
better layout for the property with two buildings.

Mr. Gibson presented a new layout for the two buildings and explained they are eliminating the ten foot (10’)
landscape buffer, the front yard setback variance will now be eight feet (8’) and the rear yard setback variance
will be eleven feet (11’).

Mayor Kelley asked about the fifty foot (50’) to zero (0’). Mr. Gibson explained that was the original request
last month but now they have come up with this new layout.

A.W.Welch asked if the variance is going down to those figures. Mr. Gibson responded that the front yard
will be forty-two feet (42’) rather than fifty feet (50’) and the rear yard will be nine feet (9’). Mr. Welch asked
about the side yard setbacks? Mr. Gibson responded that they have complied with the side yard setbacks.
Mr. Tomassello has agreed to have underground detention. Mr. Welch advised the Council that based on
the changes he recommends approval.

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

NEW BUSINESS

CONDEMNATION OF PROPERTY FOR A NEW WATER TANK – Council to consider a Resolution to
authorize condemnation of property owned by Mike B. Davis, H. M. “Brad Bradford, Jr., Leroy Williams and
William L. Meyers. The property is located adjacent to the existing water tank between Old Atlanta Road and
North Henry Boulevard.

A.J.Welch advised the Council that legal staff tried to acquire this piece of property and have been unable to
get a response from the owners and recommends filing the condemnation immediately so the engineers can
get started with construction.

Fred Evans made a motion to approve condemnation; Harold Cochran seconded and passed unanimously.
ROBERT “SONNY” ISHMAEL, OWNER, BEEF O’BRADY’S RESTAURANT, 910 EAGLES LANDING
PARKWAY (J. CRICKET’S) requested an alcohol license at this location. Mr.Ishmael has filed an application
and met all the requirements of the Alcohol Ordinance including background check, financial information and
fees paid.

W. A. Gardner made a motion to approve alcohol license; Steve Moon seconded, and passed unanimously.

CONSERVATION SUBDIVISION ORDINANCE – Andy Welch advised Council they have a draft of the
Conservation Subdivision Ordinance. This ordinance was postponed for awhile and re-examined recently
and he has prepared a two page sheet that goes through the R-3 requirements as compared to the proposed
subdivision and proposed conservation and residential subdivision. The will help the Council to navigate the
language of the ordinance and make it a little easier to follow. The ordinance is being presented to the
Council for their consideration.

CONSERVATION SUBDIVISON RESOLUTION – This resolution will to authorize City Attorney to submit
the Conservation Subdivision Ordinance to Henry County Planning and Zoning for review. Councilman Moon
asked if this could get this put down on paper as a picture. Andy Welch said if the Council would like, they
could have a design group or engineering firm sees if they could do it. Take the information drafted in the
ordinance and apply to a piece of paper and show it to the Council. He would need permission from the
Council to have this done. Council was in agreement to authorize Mr. Welch to get this done by an
engineering firm.

ANWER R. AHMED, P.E., ARCADIS ENGINEERING, to discuss storm water management matters. Mr.
Ahmed failed to appear.

WINDSONG SUBDIVISION - Ted Strickland advised the Council that residents in Windsong have requested
stop signs at several intersections in their subdivision. Mr. Strickland would like permission to look at the
sites and make sure what they are asking will be all right. They requested two signs where three streets run
together. He recommends a three way stop and would like to put it in if it works out.

Mayor Kelley advised Mr. Strickland to check it out because he can’t place which intersection they are talking
about. Harold Thibodeaux advised Council that it is the first intersection off Rock Quarry Road. Councilman
Evans stated that there is a lot of concern about the streets being so hilly and when residents park in the
street it becomes a dangerous situation. Mayor Kelley said the Homeowners Associations has put no parking
sign along the streets. Mayor Kelley stated that the Council is working on a new parking ordinance that
should take care of the parking problem.
TERRORISTIC THREATS - Ted Strickland advised Council that he talked with several engineering firms
regarding a written risk assessment study that has been mandated by the State and Federal governments.
SY Technology has given an estimated cost of $28,000 and Stevenson and Palmer Engineering a cost
estimate of $20,000. The City needs to get the assessment completed so the City can make the corrections
that the City needs to make. The deadline is June 1, 2004. Mayor Kelley recommended Mr. Strickland get
another bid and then they would make a decision. Mr. Strickland pointed out that the City will have to spend
some additional money to meet the requirements for the risk assessment.

FRED EVANS MADE A MOTION TO AMEND THE AGENDA TO CONSIDER AN ORDINANCE TO
REGULATE PEDDLERS AND SOLICITORS OF FUNDS.

ORDINANCE AMENDMENT – TITLE 9, CHAPTER 9.12, SECTION 9.12.020 – PEDDLERS, SOLICITORS
AND TRANSIENT SELLERS. Andy Welch advised the Council that this ordinance discusses how the City
will regulate peddlers, solicitors and transient sellers within the City. This amendment is to clarify a few items
within that ordinance. One specifically is that state law gives us the authority and enables the City to restrict
persons from soliciting contributions in the streets or disbursing various items in the public streets for obvious
safety reasons. This amendment says that you cannot stand on the public street and solicit contributions in
the City. This amendment will apply across the board to all organizations and all individuals.

Mayor Kelley stated that a good many years ago a little girl was selling donuts and ran in front of a car and
was nearly killed and the Council originally adopted this ordinance. Since that time the City has more
problems with soliciting in the streets. People are coming from other places to collect money in City streets.
The amendment is a safety issue and we don’t need people in the streets. Mr. Welch pointed out that they
can still collect if they stay on the sidewalk. If an individual wants to contribute they must park their car off
the street and come back and contribute. The Georgia Department of Transportation and State Legislators
recognize that local governments should regulate this type situation to prevent people from being killed at an
intersection because they are collecting money, etc.

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

OFF PREMISES SIGNS – Councilman Evans suggested the Council consider putting up a wire mess grid
for clubs and associations to place their signs. Mayor Kelley responded that if it would be restricted to these
types of organizations it would be fine but once before when we tried something like this all the real estate
companies wanted to put up signs listing their subdivisions.

A.J.Welch said there have been a lot of changes in the sign ordinance. The legal staff has been reviewing
the sign ordinance in the last few weeks. There are some new cases that have come out in December out
of Federal District Courts that have changed some of the things the City has been doing and they are in the
process of drafting these changes and hope to have a draft of the new ordinance before the February meeting
for review. If the Council will write down what they are concerned about it would be helpful when the new
ordinance is drafted. Mr. Welch suggested the Council wait until they review the new ordinance.

Ted Strickland reminded the Council about the meeting on Thursday night January 15, 2004 in Locust Grove.

Harold Cochran made a motion to adjourn; Fred Evans seconded and passed unanimously. Meeting
adjourned at 6:35 P. M.

Respectfully submitted,

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