---
date: 2005-01-10
title: January 10, 2005 Minutes
source: 2005-01/2005-01-10_January 10, 2005_Minutes.pdf
pages: 1
---

January 10, 2005

CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA JANUARY 10, 2005

The Regular Meeting of the Stockbridge City Council was held on January 10, 2005 at 6:00 P. M. MayorR.
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.

Fred Evans made a motion to approve Minutes of November 8, 2004 Council Meeting that were tabled at the
December 13, 2004 Council Meeting for review by A. J. Welch, City Attorney; HaroldCochran seconded, and
passed unanimously.

Fred Evans made a motion to approve the minutes of the December 13, 2004 Council Meeting; Harold
Cochran seconded, and passed unanimously.

Mayor Kelley welcomed guests.

Mayor Kelley presented the Mayor’s Committees for 2005. The Committees will remain the same as 2004
unless one of the Council Members wishes to make a change.

Fred Evans made a motion to approve the Mayor’s Committees for 2005; Fletcher Turner seconded, and
passed unanimously.

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

Fred Evans made a motion to approve the Council Appointments for 2005; W. A. Gardner seconded and
passed unanimously.

PUBLIC HEARING

A. J. WELCH, CITY ATTORNEY opened the Public Hearing stating the City has been looking at a
Redevelopment Plan for a portion of the City of Stockbridge for the development of the Town Center. There
has been a great deal of planning and evaluation of this program. A Notice was published in the Daily Herald
on Friday January 7; Saturday January 8; Sunday January 9 and Monday January 10 that a Public Hearing
will be conducted on Monday January 10 concerning a preliminary report that has been filed by the Sizemore
Group with the City in December 2004. This is a preliminary report and the final report is forthcoming. There
will be some additions made to the preliminary report. The Sizemore Group will give a report on what they
have done to this point and time and Mr. Welch will bring the Council up-to-date on what needs to be done
concerning the completion of the report, filing of the report, and conducting the Public Hearing on that issue.

Mike Sizemore said there has been a lot of time and effort putting this scheme together. He invited the
people present to take a closer look at the model that he brought and the model will be shown on the slide
presentation so they can get a better idea what the project might look like.

Mr. Sizemore pointed out that the project will include a new City Hall surrounded by retail shops, drug stores,
florist shops, restaurants, housing above the shops, streetscapes, parks, and many other features for
comfortable living. Similar projects have been done in the City of Duluth and the City of Smyna.

Mr. Welch stated that the Sizemore Group will be finalizing the final report to file with the City. It is his
recommendation based on the time and effort to complete the plan, if the City wants to go forward with the
project, would be to have the final Public Hearing at the beginning of the February meeting unless the Council
wishes to have a Special Call meeting. Mayor Kelley noted that comments would be heard from the citizens
at this meeting. If they have any questions or comments prior to the meeting they should write the City or
the Sizemore Group. The Council would then be prepared to give them an answer at the February meeting.
If anyone has a legal question it should be directed to A. J. Welch for response.

PLANNING AND ZONING
Annexation:

CLARK FAMILY INVESTMENTS requested annexation into the City of Stockbridge of two (2) parcels of
land. 58.449 acres located on Brannan Road in land lot 29th of the 7th District zoned RA
(Residential/Agricultural). 2.6 acres located on North Salem Road in Land Lot 29th of the 7th District zoned
RA (Residential/Agricultural).

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

NEW BUSINESS

STANTEC CONSULTING SERVICES, INC. – Contract Extension Agreement for 2005 to provide the City of
Stockbridge with engineering services for land application of biosolids according to hourly rate table.

Ted Strickland explained that the City has land application of biosolids (sludge). Biosolids are pumped into
a tanker truck, taken to several locations and applied as liquid fertilizer. The City must meet all EPA
requirements for land application. The City operates a tanker truck that hauls and applies the land application
on farm land. Mayor Kelley recommended the Contract Extension be approved.

Steve Moon made a motion to approve the Contract Extension Agreement; Fletcher Turner seconded and
passed unanimously.

HIGHGROVE PARTNERS, - Contract Extension Agreement for lawn maintenance of City Hall, City Hall Park,
Conference Center and administrative office in the amount of $1,096.00 per month. Mayor Kelley advised
the Council that the City Hall staff is pleased with the regular maintenance Highgrove provides.

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

PINEHURST TEAROOM, CHUCK DUBBS - requested the Council reconsider charging an occupational tax
fee to operate a dance floor at the tearoom. Mayor Kelley clarified with Mr.Dubbs that the dance floor is only
used for wedding receptions, birthday parties, etc. and is not used like a night club. Mayor Kelley said this
ordinance is to regulate night clubs and he agrees with Mr. Dubbs that he is not operating a night club.

A. J. Welch said the ordinance needs to be redefined and if the Council is amenable to allowing private
businesses, not to exceed a certain reasonable number, the City could issue them a license but they could
not operate or have dancing facilities for a certain period of time. Mr. Dubbs pointed out that he is not located
within the adult entertainment location. Mr. Welch said he has to deal with all of the issue because someone
will be smart enough to figure out how to otherwise make it work for their benefit. If the Council will authorize
Mr. Welch to amend the ordinance, he will have the amendment ready for the February meeting.

Councilman Moon asked if the City would be tying their hands or is there any way to tie it to the type of
business. Mr. Welch said it would be tied to the business, activities, time limits and numbers of occasions.
He will have to go back to the Adult Entertainment Ordinance and make sure none of the ordinance is
repealed while in the process of taking care of a legitimate situation.

Fred Evans made a motion to advise the City Attorney to redraw the ordinance; Steve Moon seconded, and
passed unanimously.

KIMBERLY STEWART, 525 SHEFFIELD COURT, requested the Council provide her with answers
regarding her water account. Ms. Stewart failed to appear and Mayor Kelley recommended this item be
tabled.

Mr. Strickland presented the documentation on this matter that is a quarter inch thick and the City has not
been able to satisfy Ms. Stewart.

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

RESOLUTION - MUNICIPAL CONTRACTING COMPANY/STEVENSON AND PALMER ENGINEERING,
INC. – A. J. Welch, City Attorney, advised the Council that the City Engineer and his staff recommend to the
Mayor and Council that the City terminate the existing sewer contract with Municipal Contracting Company.
Stevenson and Palmer Engineering, Inc. have given a report saying that the existing contract was to have
been completed by September 28, 2004. The contract was not completed by that time and there remains
approximate forty (40%) percent of the contract to be completed. The last date that work and materials were
supplied to the project was October 15, 2004. The engineering firm has made repeated demands upon the
contractor to complete the job and they have received several written and oral promises that they would
return and complete the job and they have not done that. There is a payment and performance bond that
has been issued by the Gulf Insurance Company. In order for the Mayor and Council to terminate contract,
there has to be a finding. Mr. Welch reported that it is the opinion of the engineer that the contractor has
repeatedly failed to supply sufficient skilled workman and materials and equipment to properly perform the
project in a timely manner. The City, the bonding company and the city engineer have received numerous
claims from subcontractors that allegedly they have not been paid by the contractor in accordance with the
contract or with their respective agreements. The contractor has repeatedly failed to make prompt payment
to subcontractors for labor, materials and equipment used on the project. The contractor failed to remedy
the projective work within the time that is required by the contract and under the contract, time is of the
essence in pursuant to last change order, time of the completion of the project would extend it to September
28, 2004. The said contract has not been completed by said date and remains uncompleted and for all the
good and sufficient reasons the Resolution also declares the contract is in default. Under the contract, they
are entitled to receive ten (10) days notice before the contract can actually be terminated and this Resolution
provides for that and authorizes A. J. Welch and the engineer to give the appropriate notices to the contractor
and the bonding company and demand the bonding company immediately perform the contract under the
payment of the performance bonds. It is Mr. Welch’s recommendation that the Council declare the project
to be in default and terminate the contract as set forth in the Resolution provided.

Mayor Kelley recommended the Council approve the Resolution because this has been going on for quite
sometime.

Councilman Moon said the City needs to get done with the project because it is impacting the parks and it
doesn’t look nice and needs to be finished. The road also needs to be cleaned.

Steve Moon made a motion to authorize the Mayor and Clerk to sign the Resolution; Fred Evans seconded,
and passed unanimously.

ORDINANCE TO AMEND GENERAL PARK REGULATIONS – A. J. Welch stated that at the request of the
Council that he was asked to prepare an ordinance that would set fees and charges for the use of the pavilions
at the City’s public parks. There is a number of people using the pavilions and ask for that service which the
City is glad to provide but more people are asking for them than we have time to service the pavilions. The
clerk has asked that the Council adopt a fee schedule to just cover the minor expenses that the Council
approves every time the pavilions are used and also set up an application process where people who want
to use them have to make application and then the records can be kept in better order of the service use and
he recommends adoption of the ordinance.

Jane Rutledge asked what the fee will be. Mr. Welch responded that it will be $10.00 as a starting fee and
the Mayor and Council have the right to change this amount as they deem appropriate.
Mayor Kelley stated that this amount is in line with other cities and the county and in fact probably a little less.
The City is not trying to make money off the parks. All the City is trying to do is get people help the City keep
the parks clean. We ask people to leave the parks as they find them but that don’t happen all the time. Mayor
Kelley recommended the Council adopt the ordinance.

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

ORDINANCE TO AMEND STOCKBRIDGE CODE CHAPTER 2.04 – OATH OF OFFICE. A.J.Welch
advised the Council that no one has to take an Oath of Office this time but there have been changes in the
statute for 2006. He has prepared the Oath of Office that he would ask the Council to approve. If the Council
will approve the ordinance he will get into the second part of this item and one other item before he discusses
charter amendments.

Fred Evans asked what type of changes Mr. Welch is referring too. Mr. Welch responded that the City has
an Oath of Office that is contained in the Charter. Then there is a General Oath of Office that the State Law
requires to say that you are the holder of no funds or properties of the City. That is part of the new oath that
is not included in the original oath that was in the original Charter. What we would do is by ordinance set the
new oath and then by amendment to the Charter the new oath would be put in through legislature. Mr. Evans
asked if this is basically falling under ethics in government. Mr. Welch responded, yes, that is correct.

Fred Evans made a motion to approve the ordinance amending the Oath of Office; W. A. Gardner seconded,
and passed unanimously.

RESOLUTION – TO AMEND THE CITY CHARTER REGARDING THE OATH OF OFFICE. A. J. Welch
recommended the Council approve an amendment to the City Charter to amend the Oath of Office and to
cover the designation of the city limits. A Public Notice will be run in the newspaper concerning the specific
legislation that will be submitted to the legislative delegation, then to the House and Senate and the Governor
for approve. Mr. Welch recommended the Council approve the Resolution for those two items.

Steve Moon made a motion to approve the Resolution; Fred Evans seconded, and passed unanimously.
RESOLUTION TO ACTIVATE THE URBAN REDEVELOPMENT AGENCY TO TRANSACT BUSINESS
AND EXERCISE POWERS. A. J. Welch advised the Council that this resolution would activate the Urban
Redevelopment Agency. This requires appointment of members to that agency. The Council has the right
to appoint members or the entire delegation of the Downtown Development Authority. Since there will be
personnel issues involved, Mr. Welch recommended this be discussed in Executive Session before the
Council adopts this resolution and the Council makes the appointments and the Council hold this matter until
the Executive Session and then come back and he recommends the Council adopt the resolution and activate
the Urban Development Agency. The Council has to have the Urban Development Agency in place to go
forward with the Urban Development Plan that has been discussed tonight. Mr. Welch recommends the
Urban Development Agency be in place and they also convene to hear the final plan and they participate by
the way of vote on either approval, or amendment or rejection of the plan that will be presented in February
as a joint meeting. Mr. Welch asked that approval be held until after the Executive Session.

Mr. Welch stated that he gives that information for the benefit of the public, if they wish to stay until after the
Executive Session to hear the results of the Council’s decision when the regular meeting is reconvened.

RESOLUTION TO IMPOSE 365 DAY MORITORIUM ON MULTI-FAMILY REZONING APPLICATIONS.
Mr. Welch reminded the Council that they adopted a resolution imposing a moratorium on Multi-family
Rezoning Applications. This was done last year for the purpose of having legal staff and City staff to do a
study on planning and zoning. An ordinance was setup whereby properties could be zoned but not developed
as long as there was an imbalance in multi-family or in townhomes versus single family residences. That
ordinance was adopted by the Council and he recommends at this time that you adopt a resolution imposing
a 365 day moratorium on acceptance of multi-family rezoning applications. Anyone that presently has their
property zoned, they can still go though the zoning process but they cannot go through the application
process. Mr. Welch recommends the Council do this and the reasons are setout in the proposed resolution.

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

TAG OFFICE CONTRACT BETWEEN THE CITY OF STOCKBRIDGE AND HENRY COUNTY.
A. J. Welch recommended the Council authorize the Mayor to sign and the Clerk attest a new contract
between the City of Stockbridge and Henry County concerning the Tag Office which is pretty well on the way
toward completion. The draft has been submitted to the County Attorney for review and comments. The
comments are not significiant, they are more procedural in outline form than they are in substance and this
is the standard form contract that the City uses with the County for rental of other public spaces and
recommends the Council authorize Mayor Kelley to sign the resolution this date.

Fred Evans made a motion to authorize Mayor Kelley to sign resolution; W. A. Gardner seconded and passed
unanimously.
THE SUMMIT @ EAGLE’S LANDING, KILLEARN PROPERTIES, INC. OF GEORGIA requested an
amendment of the amenity requirements. Mr. Welch advised the Council that there is a Development
Agreement that exists between the City and the developer of the property. There are certain amenities other
then the Development Agreement that the developer has to provide. The Homeowners Association of that
subdivision has reviewed those and has made a written request to the City that the developer be allowed to
amend the recreational facilities that they are required under the Development Agreement to provide. This
is not a request from the developer. The Homeowners Association has requested that the walking trails be
eliminated; the camping sites and picnic areas be eliminated. These are mainly because of safety concerns.
The walking trails that are proposed will go behind the houses and there are homes that back-up to the flood
plain areas in this particular subdivision and they asked that those be removed. They also asked that the
basketball court be removed. They like the tennis courts and asked that they be provided more tennis court
service. They also ask that the developer be required to improve the signage and the entrance way into the
development. It is Mr. Welch’s opinion that spending the money for recreational purposes on the signage
would not be appropriate but what he recommends is the Mayor be authorized to sign an amendment to
comply as best the City can with the Homeowner’s request for new amenities but those amenities have at
least the same cost effect and value. In other words, if they get rid of something, they have to put something
in for equal value. Mr. Welch recommends approval so they can get stared so they can get the amenities
put in before spring.

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

TOWN CENTER PROJECT - DEVELOPERS CONTRACT WITH CITY OF STOCKBRIDGE for the Town
Center project for the revitalization of old downtown Stockbridge. Mr. Welch recommended the Council table
this item because it is not ready for discuss at this time because the Urban Redevelopment Agency needs to
be in place and be involved in that particular issue too. The Council has the ultimate decision whether to
issue the contract and the terms of it but he recommends it be tabled tonight.

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

UMI JAPANESE STEAK HOUSE, 550 EAGLES LANDING PARKWAY, SU HSIEN LIN OWNER –
requested an alcohol poring license. Mr. Lin has made application, provided all required documentation and
background check and paid all application fees. He is not a U.S. Citizen but is a Resident Alien #042-637-
610. Mr. Welch advises that the license be issued to Mr. Lin and as long as he maintains a valid Resident
Alien certificate then the license can be in effect.

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

Harold Cochran made a motion to go into Executive Session; Steve Moon seconded, and passed
unanimously.

Mr. Welch stated the Executive Session is for personnel matters, property acquisition and potential litigation
and pending litigation.

W. A. Gardner made a motion to close Executive Session; Fred Evans seconded, and passed unanimously.

W. A. Gardner made a motion to reconvene the regular meeting; Fletcher Turner seconded, and passed
unanimously.

Council discussed the Sizemore Group and Town Center Realities, Inc. contracts.

Nominations for the Urban Redevelopment Agency:

James E. Butcher
Nancy Brown
William Corbin
Richard Grimes
Tommie P. Turner

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

Fred Evans made a motion to adjourn; Harold Cochran seconded and passed unanimously. The meeting
adjourned at 8:10 P. M.

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