---
date: 2001-04-09
title: April 9, 2001 Minutes
source: 2001-04/2001-04-09_April 9, 2001_Minutes.pdf
pages: 1
---

April 9, 2001
CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA APRIL 9, 2001

The Regular Meeting of the Stockbridge City Council was held April 9, 2001 at 6:00 P. M. and Mayor Kelley
presided. Members present were Harold Cochran, Fred Evans, G. W. Gardner, Ronnie Simmons and
Fletcher Turner.

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

Harold Cochran made a motion to approve minutes of March 12, 2001 City Council Meeting; seconded by
Harold Cochran, Ronnie Simmons seconded, and passed unanimously.

Welcome guests. Miss Rachel Nama, Miss Henry County was scheduled to appear before the Council but
failed to appear.

NEW BUSINESS

AMEND ALCOHOL ORDINANCE – This Ordinance would provide procedure for the Mayor and Council to
grant or deny applications for alcoholic beverage licenses.

Bruce Vail, City Attorney explained that one of the things the City has noticed over the last several months is
that there is a distinction between the administrative duties that are associated with reviewing and
investigating applications that are submitted to the City for the purpose of obtaining an alcohol license. In
the actual process of granting or deciding not to grant those types of licenses, which is a more substantive
kind of decision. In an effort to make sure that this Council is exercising the proper discretion in such matters
an amendment has been prepared to clarify that the City stamp which constitutes under the City Code the
License Department will be responsible in the future for receiving either initial or renewal applications for
alcohol license. The License Department will review the applications and issue reports to the Council. The
Council will be responsible for making the decision whether to issue, deny or not renew depending on the
type of license involved. The purpose of this is to make sure the process is easier and the staff is following
code.

Mayor Kelley pointed out that the main purpose for this amendment is to take the responsibility off the staff
and pass the responsibility to the Council to approve all types of alcohol applications.

Harold Cochran made a motion to approve the amendment to the Alcohol Ordinance; FredEvans seconded,
and passed unanimously.
NITA SARDANA, NITA INVESTMENTS dba TEXACO FOOD MART, 4475 NORTH HENRY BOULEVARD
requested a license to sell beer and wine. Licensing Department submitted application for alcohol license
for Council review and approval or denial.

Ronnie Simmons made a motion to approve application to sell beer and wine; Fletcher Turner seconded,
and passed unanimously.

PARKING TICKETS, Ernest Blount, Judge. Judge Blount was unable to attend this meeting; therefore, this
subject was not discussed.

MULTI-FAMILY CORRIDOR ZONING ORDINANCE – Bruce Vail noted that at the last meeting, the Council
charged their office to prepare a Transportation Corridor Overlay Zoning Ordinance. Attorneys have been in
communication with the Planning Commission staff and have reviewed a number of ordinances from
jurisdictions from around Atlanta in this regard. There are a number of issues that are raised when you start
trying to put an overlay ordinance in effect. You have to look at how not only it will interplay with the current
zoning but also how it may be used by people who are trying to come into the community. It is a complicated
process and sometimes simplicity is the best thing. The attorneys have decided that the City should pursue
an ordinance that is not nearly as complicated to one that is more particularly suited. Not only with the
development request that has been received by the City but also some of the developments that may be
anticipated coming down the pike. They are currently in the process of finalizing an ordinance to that effect
and expect to have the advertisements run shortly. That will permit the Planning Commission to hear the
matter at the beginning of May and the Council to hear at a special meeting if so inclined to do so.

Ted Strickland advised Council that the Summit property is located in Henry and Clayton Counties between
I-75 and I-675. This is a $25,000,000 smart-growth project, which is being held up as the result of getting
the overlay ordinance adopted. The developer told Mr. Strickland that this is a $25,000,000 project with a
25% interest rate, which is quite expensive for time and delays. The Council was under the impression that
the ordinance would be ready for adoption at this meeting and apparently, it want be. Mr. Crist was also
informed that the ordinance would be adopted at this meeting but something came up to delay preparation
of the ordinance.

Mayor Kelley asked Bruce Vail what could be done to expedite the adoption of this ordinance? Bruce Vail
replied that any zoning decision by the Council has to be preceded by notice in a newspaper of not less 15
days and not more than 45 days. When the Council adopts an ordinance it amends the zoning code. The
Planning Commission has to review the ordinance and they have an advertising requirement as well. The
Council can expedite the procedure but again it will be the beginning of May and the Council can hold a
special meeting. Mayor Kelley said to proceed as soon as requirements are met and call a special meeting.
Rodney Heard, Director, Henry County Planning and Zoning advised the Council that the Planning
Commission has scheduled this ordinance for review at a meeting on April 30, 2001.

Mr. Vail pointed out that coordinating the advertisements and placing things on the agenda has to be worked
out. Mr. Vail stated he understands, as Ted Strickland pointed out, time is money in this case but their law
firm is acting as quickly as possible. No action required at this time.

PARK REGULATION ORDINANCE. Bruce Vail advised that the Council previously adopted, on an
informal basis, regulations designed to control activities in the municipal parks including the park adjacent
to City Hall. The rules need to be codified to make sure everyone knows what rules have been adopted.
A sign can be posted showing the regulations with a notation to see Code Section. The rules have been
prepared by the City Manager’s office, which addresses the original problems as well as some of the more
recent problems.

Ronnie Simmons made a motion to adopt Park Regulation Ordinance; Fletcher Turner seconded, and
passed unanimously.

KIDS DAY AMERICA. Dr. Joseph M. Doughty was presented a proclamation declaring May 19, 2001 as
Kids Day America. Mr. Doughty advised Council that they are working on a children’s charity event for
Rainbow House. His office is donating their services that day by helping screen children for chiropractic
health problems on that day. The Police Department will be making picture ID, fingerprinting and dental
imprints for child identification. It will be a fun day with food and games, a charitable fund raising event for
the Rainbow House and the Council is invited.

STOCKBRIDGE HIGH SCHOOL BASEBALL BOOSTERS. Mayor Kelley recommended appropriating
funds in the amount of $1,000 for a 4X8 sign on the field fence, ½ page ad in the baseball program, a line
listing in the program and sponsorship announcement at home games.

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

NORTH PARK APARTMENTS, EASLAN CAPITAL OF ATLANTA, INC. AND PAM PELLON, PERMIT
RESOURCES requested a sign permit for an off-premises sign on Rock Quarry Road for North Park
Apartments, 250 Evergreen Terrace. Easlan Capital of Atlanta, Inc presently owns the Apartments. John
Rehak with Benchmark Group is negotiating to purchase North Park Apartments.
Ted Strickland told Council that this is twenty-four (24) acres off North Park Trail on Evergreen Terrace and
they are going to annex into the City. They are requesting a sign variance to place a sign on Rock Quarry
Road with spaces for other businesses to advertise. These businesses would lease advertising space on
this sign from Easlan Capital.

Pam Pellon advised that there is an existing ground lease at the entrance of North Park Trail facing Rock
Quarry Road. Ms. Pellon presented a copy of the design for the sign. The assisted living home on North
Park Trail has been negotiating with Easlan Capital for advertising space on the sign.
Pam Pellon advised Council that the property is in a state of transition and there will be closing on the
property next week. Easlan Capital is the current owner and the Benchmark Group is purchasing the
property. The sign is a crucial part of the closing package because an apartment complex isn’t really viable
if there isn’t an opportunity to attract new tenants because of turnover. What Benchmark Group is asking,
in order that they go into their closing comfortably, is some tangible assurance that this sign will be
approved.

Mayor Kelley stated that he would recommend approval only subject to the property being annexed into the
City. The City cannot get into approving annexation for Easlan Capital and Benchmark Group deciding
they do not want to be annexed.

Bruce Vail, City Attorney, advised that the City would have to be consistent with the City’s policies in this
matter. Councilman Simmons pointed out that if the property is not annexed, they would not be allowed off
premises advertising within the City of Stockbridge.

Pam Pellon stated that she understands there is a history with this property and their concern is that the
contingency be the fact that the annexation be completed. Their concern is what may happen in the interim
of which they have no control that could effect the annexation. It is their intention to annex the property.
Mayor Kelley stated that it is the Council’s intention not to allow a sign unless the property is annexed. Mrs.
Pellon said the Benchmark Group might not want to buy the property if the sign has not been approved.
Mayor Kelley said the sign would be approved subject to the property being annexed into the City, if they
do not annex the property, the sign would not be approved.

Pam Pellon asked about the annexation process. Easlan Capital has signed the annexation papers, the
intention is there no question about it, and everyone will benefit from this transaction. Is there anyone who
could stop the annexation despite their intent to annex?

Bruce Vail stated that Georgia Law requires that the City notify Henry County anytime an annexation
application is received. The County has time to notify the City if there are any county facilities located on
the property. Assuming this is not the case, there should be no problem at all with Henry County. The
County can play a roll if there is rezoning involved, again that is not applicable in this case. Once the time
period has expired for the County to respond, it comes back to the Council to consider and vote for approval
or denial for the annexation. Once that has taken place, the Council is responsible for submitting the signed
documents to state officials and to the Department of Justice. Any motion made would be contingent upon
the process being concluded and being approved by the Council. Obviously, there is no way of saying
whether the Department of Justice is going to say yea or nay in advance, but the Department of Justice
does approve (ninety-nine) 99% of all annexations.

Mayor Kelley stated that his concern is that if we approve annexation for one group of owners and before
annexation is approved, there will be another group of owners. Ms. Pellon responded that Mr. Strickland
met with the respective owners today who are in agreement with the property being annexed. Mr. Strickland
stated that the Mayor and Council feel very comfortable with the annexation procedure because its standard
procedure for the Council. Mayor Kelley said the City has gone back and forth with the current owners on
annexation of this property for two years and they always back out and there could be a problem with the
owners again this time.

John Rehak, Benchmark Group, advised the Mayor and Council that his group is very sup portative and to
hopefully show their one-hundred (100%) percent commitment in completing the annexation.

Ronnie Simmons made a motion to approve the sign variance subject to annexation of the property being
commenced and is pursued diligently and is completed in accordance with the law; Harold Cochran
seconded, and passed unanimously.

OLE STOCKBRIDGE DAYS. Dave Planchon, Chairman of the newly formed standing committee of Old
Stockbridge Days. This committee will be of a more permanent group for future events. Thanked Council
for their assistants in promoting this event each year. Mr. Planchon is an official member of the Stockbridge
Masonic Lodge 691. He assured the Council that the event would be held on May 12, 2001 and they have
already signed up over 100 vendors. They would like to improve the event and possibly move to a larger site
away from the schools system.

Councilman Simmons advised Mr. Planchon that they need to have police presence and the City will provide
security for city property adjacent to the event. The City will not allow any vendors on City property.

Mr. Planchon asked what use could they have of the City Logo for promotional purposes. Councilman
Simmons said the Lodge has used the Logo for many years and the City would like to review any use of the
Logo. Bruce Vail noted that it could be used in a decorative manner and it cannot be used in a manner
designed to indicate any type of official sanctions. stockbridgedays@aol

PHYLLIS HATCHER requested a business license for a modular building to be installed at 4747 North Henry
Boulevard, Louise Mays previous owner.

Ronnie Simmons made a motion to deny request; Fletcher Turner seconded, and passed unanimously.

MARTIN HENRY, 213 SUMMERHILL CIRCLE requested a license to operate a dump truck business as a
home occupation. He cannot park the dump truck at his residence because of restrictions of homeowners
association. Failed to appear.

Ronnie Simmons made a motion to table; Fletcher Turner seconded, passed unanimously.

JERRY GUNTER, 107 HIGHWAY 138, SUITE A, requested a license to operate a convenience store and
sell beer and wine. Shoe World was previously located at this site. Failed to appear.

Ronnie Simmons made a motion to table; Fletcher Turner seconded, and passed unanimously.

SHANE McINTYRE, 307 OAK HILL TERRACE requested a license to operate a sub-contracting fence
company as a home occupation. Failed to appear.
Ronnie Simmons made a motion to table; Fletcher Turner seconded, and passed unanimously.

DAVID VAN NGUYTON, 308 TIMELESS WALK, LEGENDS SUBDIVISION requested a license to operate
lawn maintenance business as a home occupation. Mr. Van Nguyton explained that he wanted to start this
business to help his son have work for the summer months. He will have the usual lawn care equipment he
uses at home. When he cuts yards, he will load equipment in back of truck.

Mayor Kelley said we have never charged kids a business license to cut lawns. The City cannot issue a
license for this type of business. Once the license has been issued, the owner could say we issued him a
license and he would pull in all types of lawn care equipment. The next step would be a storage building.
There cannot be a building involved with this business. Mr. Van Nguyton does not need a license to start a
business for his son. If the business grows a license could be issued for a conforming site for this type of
business and not as a home occupation. The home was purchased to live in and not to run this type of
business from the home.

Mr. Van Nguyton stated he needs a license to be able to put a sign on his truck. Mayor Kelley pointed out
that home occupations are not allowed signs on the premises or vehicles. This is considered advertising for
a commercial business from a residential home.

Councilman Simmons suggested the Council table until Mr. Van Nguyton could check sources to get
assistance with this type of business. Possibly check with an accountant to find out how he needs to proceed
with setting up this business.

Ronnie Simmons made a motion to table; Fletcher Turner seconded, passed unanimously.

JOHNNIE C. DUGGAN, JR., requested a license to operate custodian/janitorial business as a home
occupation. Mr. Duggan advised Council that he would only have his computer at his house and janitorial
equipment and cleaning products would be stored at the job sites. His employees use their own
transportation to the job site. His request is for an office only, no signs, no signs on vehicle, etc. Mr. Duggan
wants a license to carry on his business and be able to purchase cleaning supplies.

Councilman Simmons made it clear the Mr. Duggan should understand without the least question that there
would be no supplies on premises. The license will be issued for an office only and if the City receives
complaints to the contrary, the Council will revoke his license if Mr. Duggan does not comply with the City
Code.
Ronnie Simmons made a motion to approve a license to operate a custodian/janitorial business as a home
occupation, subject to the provision that; 1) it be related to office use only; 2) that there would be no external
advertisements maintained either on a structural or vehicle; 3) no storage of supplies on the premises or
outside the premises or any attached or detached structure on the premises; 4) no customers at the house;
5) no employee working at the house or from the house; Fletcher Turner seconded, passed unanimously.

STOCKBRIDGE CIVIC CENTER

CHANGE ORDER NO. 14

Electrical…………………………………………….$151,645.00

The electrical is being submitted as a change order for the purpose of bonding. The change order includes
a radio controlled dimming system.

Ronnie Simmons made a motion to approve Change Order No. 14; seconded by Fred Evans, and passed
unanimously.

TEA PROJECT

ANNETTE LOOMIS, HISTORIC PRESERVATION CONSULTANT

Contract Fee………………………………………..$ 4,000.00

Revisions to the project routing or the addition of special elements beyond those defined in the contract would
be charged separately at an hourly rate of $52.00 per hour. Ted Strickland told Council that this is a state
requirement that a Historic Preservation Consultant must complete reports and file with TEA. This information
is needed by TEA in order for the City to receive the $560,000 grant for road and sidewalk improvements.
This contract will be paid by funds set aside for this purpose.

Ronnie Simmons made a motion to approve; Fletcher Turner seconded, passed unanimously.
HUGHES, GOOD, O’LEARY & RYAN

Proposal of Landscape Architectural Design Services……….$ 75,000.00

Ted Strickland advised Council that this is the firm the Council approved to complete the study for which the
City received the $60,000 grant. Mr. Strickland recommended the City stay with this firm and allow them to
continue to work on the project.

Ronnie Simmons made a motion to approve fee of $75,000; seconded by Fletcher Turner, and passed
unanimously.

JACK BURNSIDE, CONSULTANT

Proposal of Services – Project Administration………………….$ 40,000.00

Ted Strickland advised Council that Jack Burnside will work on this project for the next two years. He will
submit the paper work and make sure everything is returned to the Federal and State agencies and is carried
out in proper order.

Ronnie Simmons made a motion to approve Jack Burnside as project administrator; Fletcher Turner
seconded and passed unanimously.

GEORGIA MUNICIPAL ASSOCIATION ARTICLES OF INCORPORATION. GMA Board of Directors
recommends that these articles of incorporation be approved and adopted by the GMA membership and
returned with the City’s ballot on or before April 20, 2001. This will update and modernize GMA’s Articles of
Incorporation.

W. A. Gardner made a motion to approve amendments of the Articles of Incorporation and to authorize Mayor
and Clerk to sign Resolution on behalf of the City; Ronnie Simmons seconded, and passed unanimously.

UTILITY SERVICE COMPANY, INC. contract to service 500,000 gallon water tank located at 4081 North
Henry Boulevard for $11,342.00 to be billed quarterly beginning October 1, 2001 along with other tanks
presently in the program.
W. A. Gardner made a motion to approve the contract and to authorize the Mayor and Clerk to sign contract
on behalf of the City, seconded by Fred Evans, passed unanimously.

ROSENWALD CIRCLE. Councilman Simmons asked that “Slow Children Playing” signs be posted on
Rosenwald Circle. Councilman Simmons to get with Ted Strickland regarding these signs.

CLARK PARK BIKE PATH. Ted Strickland suggested the Council consider the construction of a bike path
at Clark Park. Council instructed Mr. Strickland to get cost estimates, etc. and report back at the next Council
Meeting.

Ronnie Simmons made a motion to adjourn; Fletcher Turner seconded, and passed unanimously. Meeting
adjourned at 7:45 P. M.

Respectfully submitted,

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