---
date: 1998-09-14
title: September 14, 1998 Minutes
source: 1998-09/1998-09-14_September 14, 1998_Minutes.pdf
pages: 1
---

September 14, 1998

CITY OF STOCKBRIDGE
HENRY COUNTY, GEORGIA September 14, 1998

The Regular Meeting of the Stockbridge City Council was held September 14, 1998 at 6:00 PM and Mayor
Kelley presided. Members present were Harold Cochran, G. W. Evans, Ronnie Simmons, and Fletcher
Turner. W. A. Gardner was absent.

Harold Cochran made a motion to approve the minutes of August 10, 14, and 31, 1998 City Council Meetings,
seconded by Fletcher Turner, passed unanimously.

PLANNING AND ZONING

MICHELLE BAYUS PROPERTIES, 323 FLIPPEN ROAD, STOCKBRIDGE, GEORGIA requests rezoning
from R-3 (single-family residential) to C-1 (neighborhood commercial) for property in Land Lot 38 of the 12th
District, located on the east side of Flippen Road in the City of Stockbridge. The property contains 0.9 acres
and the request is for office and retail space.

Cal McShan, Henry County Zoning Director, advised Council that the Planning Commission recommend
denial based on this property not being in the Comprehensive Land Use Plan as commercial property.

Mr. McShan explained that the corner of Flippen and Walt Stephens Road is located in Henry County. The
Board of Commissioners had a rezoning request for C-1 and denied the request. The courts turned that
decision around and deemed the property developable for commercial development. Also, there are some
OI zonings, south of Flippen Road.

This site is in a transitional location, not suitable for single family residential growth. Mrs. Bayus plans to
construct a building compatible with the surrounding neighborhood and locate her own real estate office at
this location as well as other similar businesses.

The Henry County Planning and Development staff recommends approval from R-3 (single-family residential)
to C-1 (neighborhood commercial) with conditions: Preservation of trees, minimum of 30 feet
planted/undisturbed buffer, architecture must be approved by Planning and Development Department,
exteriors shall consist of masonry, wood and glass, signage will be ground mounted and not to exceed eight
(8) feet in height, and certain businesses will be allowed under C-1 zoning.
Ronnie Simmons made a motion to approve rezoning as requested, seconded by G. W. Evans, passed
unanimously.

ATLANTA GAS LIGHT COMPANY FRANCHISE. Mayor Kelley reported that the Georgia Municipal
Association has negotiated with the Atlanta Gas Light Company to preserve the franchise fee after
deregulation. G. W. Evans made a motion to adopt an ordinance to amend an ordinance dated January 12,
1987 granting Atlanta Gas Light Company a franchise for the use of rights-of-way and other public property
for the purpose of distributing gas within the City of Stockbridge, so as to modify the franchise fee calculation
provision, seconded by RonnieSimmons, passed unanimously.

1998 CHRISTMAS PARADE is being sponsored by the Stockbridge Optimist Club. SherrieE.Ray asked the
Council to approve a new parade route. They are asking the City to provide the cost for a Santa,
refreshments, City float and lights for the parade route.

Ted Strickland reviewed the parade route with the Council. The parade will start at 4:00 P.M. at Clark
Community Park, to the judging area at First State Bank, then back to Clark Community Park.

Motion was made by G. W. Evans to appropriate $500 toward the Christmas Parade, seconded by Ronnie
Simmons, passed unanimously.

PHYLLIS SHRADER, COUNTY DIRECTOR, HENRY COUNTY DEPARTMENT OF FAMILY AND
CHILDREN SERVICES is requesting an increase of funds from $5,000 to $8,000 for fiscal year 1999. These
funds provide foster children in the Stockbridge area with clothes, medicals, school supplies, etc.

Ronnie Simmons made the motion to appropriate $5,000, seconded by Fletcher Turner, passed unanimously.

KEITH G. NATION, VICTORY WORSHIP CENTER, McDONOUGH, GEORGIA is requesting a temporary
variance to hold Church services in the old skating rink at 4231 North Henry Boulevard.

Mayor Kelley pointed out that this is a commercial building and the Zoning Ordinance has no provision for
Churches under the commercial zoning. A variance may be issued on a temporary basis, but this is not a
viable location on a permanent basis.
Cal McShan suggested the Building Inspection Department check out the building to see if it meets code for
fire, restroom facilities, etc.

Ronnie Simmons made a motion to table decision until completion of safety inspection, seconded by Fletcher
Turner, passed unanimously.

MUNICIPAL TRAINING COURSE FOR MUNICIPAL FINANCE OFFICERS. Georgia Municipal Association
is offering a "Pilot" training course for Municipal Finance Officers. The course will be offered as a two-day
session from 9:00 AM to 12:00 PM on Saturday, October 31 and Saturday, November 7. Mayor Kelley stated
that if anyone was interested, please fill out registration form and give it to Clerk.

BUDGET AMENDMENT. Mayor Kelley advised that as the result of purchasing property from Peggy Starr,
100 South Lee Street, the Council needs to adopt a Resolution to amend the 1998 budget in the amount of
$100,000. G. W. Evans made a motion to amend the budget, seconded by Ronnie Simmons, passed
unanimously.

1998 MILLAGE RATE. The Local Option Sales Tax received for 1997 was $1,390,859. To rollback an equal
amount, millage should be set at 9.22 with a rollback of 9.22 mills for zero advelorum tax.

Ronnie Simmons made a motion to set millage rate at 9.22 mills with a 9.22 mills rollback, seconded by
Fletcher Turner, passed unanimously.

LES CALLAHAN, NORTH HENRY BOULEVARD AND MABROS DRIVE is requesting a variance for a
water meter placement. Ted Strickland informed Council that Mr. Callahan is planning to develop this site.
He is requesting that the City allow him connect to the City’s water facility on North Henry Boulevard, going
around his building, setting the meters in back of the building.

Mr. Strickland discussed this matter with Henry County Water Authority and they agreed it’s not a good idea.
If there were a break in the water line between the tap and the meter, the City would be responsible for
waterline repairs and loss of water.

A. J. Welch reviewed the plans for this project and told Mr. Callahan he had three options:
1. Put the meters, as the ordinance requires, along North Henry Boulevard. The water is received
through the meters and it belongs to the user as an automatic reception of the water.

2. Install a master meter on North Henry Boulevard and run his lines where he wants them. It will
be his water from the meter.

3. Install a master meter on North Henry Boulevard, run his lines and put sub-meters in the back and do
his own billing.

Mr. Callahan was not in agreement to any of the options suggested. Mr. Welch told him that he could not
install water meters behind his building unless granted a variance by the Council. Councilman Simmons
stated that the City looses control if the City allows developers to locate waterlines on private property.
The City is governed by ordinance and the ordinance states exactly where the City’s limits are in these
matters.

G. W. Evans made a motion to deny request for a variance to put water meters behind building, seconded
by Harold Cochran, passed unanimously.

ATLANTA GAS LIGHT COMPANY FRANCHISE. Mr. Welch asked that the previous motion be
amended. He has on going discussions with Georgia Municipal Association who has negotiated the
agreement with Atlanta Gas Light Company. There is a question regarding designation of area.
Originally the thought was that AGLC was going to provide the City with a distribution map but they
provided a list of customers. Mr. Welch advised the Clerk to attach a copy of the City map to the AGLC
list of customers. Ronnie Simmons made a motion to authorize the Mayor and Clerk to sign agreement
on behalf of the City Council, and to amend the previous motion and approve the Atlanta Gas Light
Company Franchise Agreement, subject to A. J. Welch getting the “Exhibit Requirements” approved by
Georgia Municipal Association, seconded by FletcherTurner.

LEROY CALDWELL, 110 BIG OAK VILLAS. At the August 14, 1998, the Council approved a temporary
access off Davis Road, subject to a Resolution being prepared by A.J.Welch.

Ronnie Simmons made a motion to adopt Resolution to give Mr. Caldwell temporary access off Davis
Road to park his boat but the City has the right to close the access by giving a 10 day notice, seconded
by FletcherTurner, passed unanimously.

CHRISTMAS LIGHTS. Councilman Evans asked Mr. Strickland if the City was planning to add any new
Christmas lights this year? Mr. Strickland replied that a few boxes would need to be added. Some of the
power poles have been relocated and Georgia Power Company will run the electrical wire for the boxes to
be installed.

Harold Cochran made a motion to adjourn, seconded by G. W. Evans, passed unanimously. Meeting
adjourned at 6:45 P. M.

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