---
date: 2003-10-13
title: October 13, 2003 Minutes
source: 2003-10/2003-10-13_October 13, 2003_Minutes.pdf
pages: 1
---

October 13, 2003

CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA OCTOBER 13, 2003

The Regular Meeting of the Stockbridge City Council was held October 13, 2003 at 6:00 P. M. and Mayor R.
G. Kelley presided. 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.

Harold Cochran made a motion to approve minutes of September 8, 2003 City Council Meeting; W. A.
Gardner seconded, and passed unanimously

Mayor Kelley welcomed guests.

Mayor Kelley congratulated Boy Scout Kevin Moriles, Scout Troop 115, for attending this meeting to earn
his “Community Merit Badge”.

PLANNING AND ZONING

Rezoning:

BUDRO INVESTMENTS, INC OF McDONOUGH, GA requested rezoning from C-1 (Neighborhood
Commercial) to C-2 (General Commercial) in Land Lot 62 of the 12th District, for property located at 4231
North Henry Boulevard. The property contains 1.40 acres and the request if for an auto repair service shop.
This is the old skating rink property presently owned by Leland Maddox.

Andy Welch, City Attorney, noted there a number of conditions that have been recommended by Planning
and Zoning staff and two additional conditions drafted by Mr. Welch.
1. All requirements, not specifically waived by variance, of the C-2 zoning ordinance,
number 99-04, effective as of February 16, 1999 shall be met.
2. Sides of all future buildings shall be constructed of brick, stucco, stone or a
combination thereof.
3. Any future signage, not attached to any structure, shall be monument based, not to
exceed fifteen feet (15”) in height, and shall have consistent character and design
that reflects the overall architectural design of the building.
4. An exterior lighting plan shall require that all lighting be of moderate brightness and
consist of downcast lighting.
5. Dumpster(s) shall be placed on a concrete pad and enclosed of three sides. The
enclosure shall be constructed of brick, stone, stucco or any combination thereof
provided it is consistent with the primary structure, and shall be a minimum of eight
feet (8’) in height.
6. The Henry County Planning and Zoning Staff shall review the architectural design
and all proposed landscape plans. Said designs and plans shall be reviewed and
approved by City Council prior to issuance of any building permit for the Property.
7. The Applicant submits to the City Clerk six (6) legal descriptions and survey plats,
certified by a surveyor licensed in the State of Georgia, of the Property.

Mayor Kelley asked if anyone had any comments regarding this matter; if not he would entertain
a motion to approve or deny the request for rezoning.

Harold Cochran made a motion to approve the rezoning from C-1 to C-2 with the seven (7)
conditions; Steve Moon seconded, and approve unanimously.

Conditional Use:

JOHN MEANS OF McDONOUGH, GA requested a conditional use for property located at 227 Technology
Parkway in Land Lot 32 of the 7th District. The property contains 2.29 acres and the request is for a church.
Mayor Kelley advised the Council that after investigation it was determined that this property is not located
within the city limits of Stockbridge and recommended it be returned to Henry County.
Fred Evans made a motion to return this request to Henry County Planning and Zoning; W.A.Gardner
seconded, and passed unanimously.

Ordinances:

SIGN REGULATION ORDINANCE AMENDMENT: The Stockbridge City Council held a public hearing for
the purpose of reviewing an amendment to Title 8. Chapter 8.12 of the City of Stockbridge, Georgia, Code
of Ordinances, Sign Regulations Section 8.12.040 entitled “Construction Standards; all signs,” for the
purpose of defining a “Fall Zone” for signs.

Andy Welch advised the Council that the “Fall Zone” Ordinance requires that the billboard signs that are
constructed there will be a zone around the sign that will not allow any buildings or structures to be
constructed within the “Fall Zone”. The zone is determined by one hundred and thirty-three (133%) percent
of the height of the sign. The reason for that particular percentage is that if the sign broke at its base this
distance would keep it from being blown onto a structure.
The Henry County Planning and Zoning Staff recommended approval.

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

HENRY COUNTY SUBDIVISION ORDINANCE AMENDMENT: The Stockbridge City Council held a Public
Hearing for the purpose of reviewing an amendment to Chapter 8.36 of the City of Stockbridge Code of
Ordinance of Zoning Regulations: Section 3-8-37 and Section 3.8.41 of the Subdivision Ordinance to repeal
conflicting ordinances and provide and effective date and for other purposes. Ordinance allows City Manager
to sign Final Plats.

Andy Welch advised the Council that this ordinance modifies the subdivision plat review to allow the City
Manager to sign in lieu of the Mayor, if the Mayor is unavailable. This ordinance also requires the developer
to place a two (2) year surety or bond so there will be a certain amount of money placed in the bank that can
be accessed should the developer not build the roads to the standards required or need repair within two (2)
years. That way the City will have properly constructed roads by the completion of the subdivision. That
bond can be extended for a certain period of time and if the subdivision is in multiple phases, the bond will
apply to the last phase and two (2) years beyond that.

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

CONFERENCE CENTER – Miranda Roberts, Director, presented new rates for meeting rooms at the
conference center for 2004. Dropping the six (6) hour time block is the main change because it normally
rents for half a day or full day. There is a slight increase on all the meeting rooms because of these types of
parties require more clean-up. For the ballroom the prices will remain the same.

Mayor Kelley commended Ms. Roberts for the excellent job she and her staff are doing.

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

2004 PROPOSED BUDGET. Mayor Kelley presented the 2004 Proposed Budget for Council review and
recommendations. The Budget Hearing will be held at the November 10, 2003 Council Meeting and the
budget will be adopted at the December 8, 2003 Council Meeting.

CAROL STEPHENS, 718 DAVIS ROAD, is operating a day care business without a license. The Council
approved Mrs. Stephens for a daycare license on December, 2002 but she did not apply for a license until
Code Enforcement paid her a visit in September, 2003. Code Enforcement visited the location and many
violations were discovered. Mayor Kelley advised the Council that they have in their files a letter from Henry
County Code Enforcement regarding this matter. Mayor Kelley stated that Mrs. Stevens is present to explain
the reason she does not have an occupational license and the code violations.

Mrs. Stephens responded that she does not know what the code violations are. Mayor Kelley said he
assumes the inspector would not write-up violations and not give her a copy of the violations.

Councilman Evans asked if the State gave her a copy of the violations. Mrs. Stephens responded no.

Councilman Moon asked Mrs. Stephens if she agrees that she is delinquent or did not have certain things
and that she would comply by certain dates. Mrs. Stephens responded that when she came in December,
2002 she did not know she needed a business license because a lot of daycare providers who have family
daycare do not have business license. The only thing she was asked to do was to put up a slat fence. She
could not operate the group daycare at that time because the Fire Marshall and the Department of Human
Recourse had a lot of things she needed to do. She closed her family daycare center for several months and
when she reopened she was going to get the business license when she found out about the other things
she needs to do. She had a visit from Code Enforcement and was not left anything. Mrs. Stephens requested
the Health Department come out because she has a swimming pool that is not working. The children are not
going to use the pool and she explained that to the inspector and he told her husband what needs to be done
and that’s the only thing she has.

Mayor Kelley pointed out to Mrs. Stephens that she is operating without a business license and read the list
of violations and told Mrs. Stephens that she may have a copy of the charges. Mayor Kelley stated that in
2002, Mrs. Stephens never mentioned a swimming pool being in her backyard.

Mayor Kelley recommended giving Mrs. Stephens thirty (30) days to come into compliance with the conditions
the Council placed on her in 2002 and Code Enforcement requirements and then she can apply for a license.

Andy Welch stated that the State requires that she have a license and register with the State and a copy
must be furnished the City. Mrs. Stephens responded that she has done that. When she came to apply for
her license the Clerk said she had everything she needed.

Mayor Kelley told Mrs. Stephens that the City is responsible for the safety and welfare of the children and
has to make sure she is in compliance with the regulations.

Mrs. Stephens stated that she is not clear about the food. Mayor Kelley advised Mrs. Stephens that if she is
going to serve food she must have a food service permit through the Henry County Health Department.

Ted Strickland pointed out that when she has completed the list of violations that the Council will send Code
Enforcement for another inspection before a license is issued.

Andy Welch advised Mrs. Stephens that when she applies for a license under the new ordinance she will be
applying for a new license and under these provisions she is only allowed to have six (6) children that includes
her own.

W. A. Gardner made a motion to hold-off issuing a business license until Mrs. Stephens comes into
compliance with City, County and State regulations for a daycare business; Fletcher Turner seconded, and
passed unanimously.
CLARENCE CARR, 105 PINEKNOLL TRAIL, WINDSONG S/D requested a license to operate a limousine
service from his home. Mr. Carr stated that he has been operating from his home with a Henry County Home
Occupation license and that he was unaware that his home was located within the City of Stockbridge and
that he needs a City license. Mr. Carr owns approximately six vehicles; two are kept at his residence and his
driver’s park their vehicles at their home.

Mayor Kelley asked Mr. Carr to explain his operation. Mr. Carr responded that he maintains his office in his
home. He books vehicles for events and has several passenger vans for trips from hotels to the airport. Mr.
Carr stated that he is licensed with the Georgia Public Service Commission and the Atlanta Airport and they
have very strict guidelines. His drivers go through City of Atlanta, GBI and FBI background checks.

Mayor Kelley recommended that if the Council approves the license that it be shown on the occupational tax
license that no more than two (2) vehicles be kept at Mr. Carr’s residence and no vehicles be parked on the
street.

Fred Evans made a motion to approve the Home Occupational License with the condition that no more than
two (2) vehicles at one time be parked at 105 Pineknoll Trail and no vehicles be parked on City streets at any
time; Harold Cochran seconded, and passed unanimously.

OLYMPIA PIZZA HOUSE, 5537 N HENRY BOULEVARD, DONALD RESHA, OWNER requested an alcohol
license to serve beer and wine (no distilled spirits). All documents are complete including background check
and administrative fees paid.

Fred Evans made a motion to approve alcohol license to serve beer and wine; Fletcher Turner seconded,
and passed unanimously.

AM to PM FOOD MART (PIT-STOP), 1481A HUDSON BRIDGE ROAD, SUITE A, requested an alcohol
license to sell packaged beer and wine. All documents are complete including background check and
administrative fees paid.

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

ZSS INVESTMENT, INC. d/b/a CONOCO FOOD MART, 2240 HIGHWAY 42, MUMTAZ PADHAN (NEW
OWNER) is requesting an alcohol license to sell beer and wine. All documents are complete including
background check and administrative fee paid.
Harold Cochran made a motion to approve the alcohol license; Fred Evans seconded, and passed
unanimously.

MASSAGE ESTABLISHMENT ORDINANCE AMENDMENT to require the six inches (6”x6”) inspection
window with the lowest portion being no more than five feet (5’) from the floor.

Mayor Kelley recommended the Massage Ordinance be amended to change the requirement to whatever
size window it takes to accomplish viewing the whole room within two (2) feet from wall to wall. Andy Welch
at first, advised the Council to adopt the amendment so it could go into effect immediately. Then, on second
thought, he recommended the Council table this amendment and he will prepare another draft regarding the
size of the inspection windows for the Council’s review at the next Council Meeting.

Harold Cochran made a motion to table; Steve Moon seconded, and passed unanimously.

SOLACE CENTER, 200 VILLAGE CENTER PARKWAY, Terry Kight, Henry County Code Enforcement,
reported that the Solace Center is not in compliance with Code 9.40. Dianne Hill, owner installed mail slots
instead of the 6”x6” inspection windows. Upon inspection, one of the windows was stuffed with a towel. The
mail slots were too high for Terry Kight and she was instructed to find and stand on a stool.

Mayor Kelley noted that Mrs. Hill was sent a letter to come into compliance or further action would be taken
by the City Council. Mrs. Hill did not respond to the letter. Mayor Kelley recommended that Code
Enforcement be contacted to have the Solace Center inspected for code violations.

Steve Moon made a motion to have Code Enforcement revisit the Solace Center; Fletcher Turner seconded,
and passed unanimously.

MICHAEL BAUSIN, 100 APPLETON BOULEVARD (P. O. BOX 386, MORROW, GA asked to be placed on
the agenda to discuss the City’s practice of having a minimum bill. He would like to see this practice stopped.
Mr. Bausin failed to appear and Mayor Kelley recommended this item be tabled.

Motion was made by Harold Cochran to table; Fred Evans seconded, and passed unanimously.
SPECIAL MEETING: Mayor Kelley announced that a Special Meeting will be held October 20, 2003 at 6:00
PM for the Council’s review and approval of the 2003-2007 Capital Improvements Element (CIE) and Short
Term Work Program (STWP). The CIE/STWP must be adopted between October 19, 2003 and October 31,
2003 to be in compliance with the Development Impact Fee Act and the Minimum Standards and Procedures
for Local Comprehensive Planning. The City has prepared the necessary documents and Henry County has
compiled the information that will be submitted to the Georgia Department of Community Affairs for their
review and approval.

STORM WATER MANAGEMENT: Councilman Evans asked since Henry County has made the decision to
turn the Storm Water Management over to the Henry County Building Department; where does that leave
the City. Ted Strickland, City Manager, said the City is still in limbo and the discussion is whether to go with
the County or the City prepare it ourselves. The last meeting with A. J. Welch, City Attorney, to discuss
House Bill 489, this matter was discussed. Anwer Ahmed, ARCADIS Engineering sent documents to EPA
last Friday, October 10, 2003.

TONY MOYE, 106 ROCK QUARRY ROAD: Councilman Evans advised the Council that he had asked the
City Clerk to call Code Enforcement regarding the debris piled behind Mr. Moye’s new building. Mr. Strickland
responded that Code Enforcement had given Mr. Moye a short extension of time because he could not get
this done within the time frame originally allowed. He is unable to get the grinder needed to grind the trees
and stumps because there is a waiting list for this equipment.

Mayor Kelley said to stay on top of the matter and if the debris has not been removed within the time allowed,
have Code Enforcement issue a citation for failure to comply.

STREET LIGHTS ON HIGHWAY 138: Ted Strickland pointed out that the street lights have been installed
on Highway 138 under the Living Center Initiative program but the power has not been turned on because
some of the parts have been back ordered.

NOVEMBER 4, 2003 ELECTION: Mayor Kelley announced that the 2003 municipal election will be held on
November 4, 2003 from 7:00 AM to 7:00 PM and to be sure to tell everyone to get out and vote.

Harold Cochran made a motion to adjourn; Fred Evans seconded, and passed unanimously. Meeting
adjourned at 7:15 PM.

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