---
date: 2004-03-08
title: March 8, 2004 Minutes
source: 2004-03/2004-03-08_March 8, 2004_Minutes.pdf
pages: 1
---

March 8, 2004

CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA MARCH 8, 2004

The Regular Meeting of the Stockbridge City Council was held on March 8, 2004 at 6:00 P. M. 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.

Harold Cochran made a motion to approve minutes of February 9, 2004 and February 24, 2004 City Council
Meetings; Fred Evans seconded, and passed unanimously.

Mayor Kelley welcomed guests.

Mayor Kelley read a letter from A. J. Welch, City Attorney: “Dear Mayor, Kit and I wish to thank you, members
of the City Council, Ted, Merle and all of the employees of the City for all your prayers, concern and
assistance which you have all given me and my family during this time of loss of our special child Hunter.
Your kindness will never be forgotten. With kindest regards, Buddy”. For those who don’t know Buddy’s son
died a week ago and we will certainly miss Hunter, he was a great kid and our prayers are with the family.
Mayor Kelley asked Andy Welch, Hunter’s brother if he wished to say anything.

Andy Welch said he would like to thank the City of Stockbridge staff for their cards, calls and condolences
sent to their family. Those are very much appreciated. He thanked the Mayor and members of the Council
for their condolences and visits with the family and they very much appreciate this kind of support and that’s
what makes being in Henry County and Stockbridge a special place.

INVOCATION was given by Steve Moon.

ROBERT HORTON, 5634 NORTH HENRY BOULEVARD. Mayor Kelley reminded the Council that Mr.
Horton was at the February Council Meeting and was instructed to attend this meeting for the Council’s
decision whether to let him move his pawn shop into the City. The Council has had the City Attorney look
into this matter and turned the meeting over to Andy Welch.
Andy Welch informed the Council that they have reviewed the City Ordinance and state laws governing the
ability of the City to regulate pawn shops and title pawn shops. The conclusion is that the state has authorized
the cities to regulate these types of businesses in a fashion they deem reasonable. Several years ago, the
city passed an ordinance that would limit the number of pawn shops based upon the population of the City
to one pawn shop per 5,000 citizens of the City of Stockbridge and that was to be based upon the ten (10)
year decimal census. At the last census the population had not reached 15,000 the limit for three (3) pawn
shops. Mr. Horton’s application would be the fourth (4th) pawn shop in the City. Those pawn shops that are
here were grandfathered because they were here prior to the adoption of the ordinance. Therefore, the City
cannot legally issue a license for this title pawn shop unless the Council changes the ordinance.

Harold Cochran made a motion to deny the title pawn license; W. A. Gardner seconded, and passed
unanimously.

VEHICLE FOR HIRE ORDINANCE AMENDMENT. Andy Welch advised that the City Clerk has done some
research on the insurance liability for taxis and vehicles for hire and it has been determined that the insurance
amounts in the existing ordinance are too high and out of the norm for the metro Atlanta cities and legal staff
have put forth an amendment to the ordinance to reduce the amount of liability insurance that a taxi must
carry. Under the amendment it will lower the liability limits according to the insurance industry standards for
vehicles for hire to $25,000 per person per injury for any one accident and not less than $50,000 for personal
injury in any one accident and not less than $25,000 for property damage in any one accident.

The other amendment would require the insurer to provide the City with a certificate of insurance which would
authorize the surety or insurance company to notify the City should the insurance policy be canceled.

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

AMEND AGENDA Andy Welch requested the agenda be amended to include amendments to the Day Care
Licensing Ordinance.

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

DAY CARE LICENSING ORDINANCE. Andy Welch advised the Council that the proposal is to amend Title
9, Chapter 9.70 the City of Stockbridge Code of Ordinances which provides for Day Care Centers, to provide
for codification, to provide severability to repeal conflicting ordinances and provide an effective date and for
other purposes. The amendment will address a concern that the Council has had in the past and it clarifies
some aspects of the ordinance to limit day care centers and group day care homes to single standing
buildings as opposed to shopping centers and also that this ordinance will clarify some of the locations where
day cares shall be located. In commercial areas there will be separate parking and separate access so as
to protect children from traffic and to also protect children from unauthorized people coming into a day care
area with some illegal or malicious intent to do harm to children. That is the reason the parking areas shall
be separate so that parents coming to drop-off and pick-up their children are just those parents and the
parking area would not be open to the public.

Fred Evans made a motion to approve amendments; W. A. Gardner seconded, and passed unanimously.

WANDA PORTER OF HAMPTON, GEORGIA. Mayor Kelley advised the Council that Ms. Porter is
requesting a license to operate a day care center in the Publix Shopping Center at 284 and 286 East Atlanta
Road. Ms. Porter says she has received approval from Henry County to operate a day care center at this
location but Henry County has notified the City that they have NOT approved this location or Mrs. Porter’s
hand drawn plans for several reasons. The playground will be located in the rear of the building where large
trucks travel each day making deliveries. The shopping center is zoned C-2 and the code does not allow day
care centers in C-2 zoning.

Ms. Porter said she has a letter from Henry County when she approached them to get a Certificate of
Occupancy or permission from zoning. She gave them the address and she said she did not know she would
have to go to a second location. Ms. Porter presented a letter from Joanie Ware and said when she
approached Ms. Ware she told her she would approve from zoning. She gave her the letter of approval to
take to zoning in that same building. She also let her know that she would have to contact Charlene at the
City for water and sewerage. At that time that’s the only part that she would have to do.

Mayor Kelley advised Ms. Porter that Ms. Ware did not know the day care was in the shopping center and
was only telling her the procedure she must follow. Ms. Porter said she gave her the location with her paper
work. Mayor Kelley said it would not make any difference what Henry County told her, the City is the
governing authority and she must abide by City codes. Ms. Porter agreed that it was a misunderstanding.
Mayor Kelley pointed out that normally you begin with Henry County and the Council makes the final decision
on matters in the City.

Andy Welch instructed Ms. Porter that if she plans to proceed with a day care center she needs to contact
the proper state agency to get a state license before anything can be approved by the Council. Ms. Porter
stated that she was approved by the State for her floor plans, the playground and the site plan two weeks
ago.
Mayor Kelley advised Ms. Porter that he will not recommend the Council approve a day care center in a
shopping center because of the information furnished by Andy Welch regarding the liability as the results of
children coming and going and all the traffic created by the day care center. That is the reason the ordinance
is written that way to protect the children. The City has no problem with Ms. Porter having a day care center
as long as she has a free standing building somewhere with a proper playground.

Andy Welch responded that there are lot of other districts and locations within the City where day cares
abound. Shopping Centers will not be allowed to have day cares and also this particular playground area
will be located across the street from the rear alley way where deliveries will be made posses a significant
safety hazard to the children.

Ms. Porter stated that the children will be in a fenced area adjacent to the building and would not have to
cross over the alley way to get to the playground. The back door leading to the playground would be inside
the fenced area.

Mayor Kelley reiterated that regardless of where the playground is located, it’s in the wrong zoning and the
wrong place and the decision will be made by the Council and he will not recommend approval. Approval
would open the door for other day cares to locate in strip centers when the owners were unable to lease to
retail businesses. The City welcomes Ms. Porter to go into business in the City in the proper zoning.

Ms. Porter inquired about the East West Karate next door to her space which has an enrollment of over 100
children. Ms. Porter asked why is it different that they be allowed to hold classes in a shopping area. She
stated that they plan summer camp in the same location and they take up four (4) of the suites. They come
and go during the day and her day care would only be coming in the mornings when all the stores are closed
and would be there all day. Mayor Kelley advised Ms. Porter that the City would check into the karate school
regulations.

Andy Welch stated that the City ordinance does not allow day care centers in a C-2 zone, the property would
have to be rezoned to a C-1 classification or the ordinance would have to be changed. Ms. Porter asked if
summer camp is allowed because the karate has summer camp. Mayor Kelley advised Ms. Porter that the
Council was not discussing the karate camp.

Harold Cochran made a motion to deny request for license to operate a day care; Fred Evans seconded, and
passed unanimously.
Andy Welch advised Ms. Porter that if she finds a free standing building for the location of her day care
business, she will have to submit a copy of her state license and meet all other regulations for a day care
before the City will be able to issue a license. Ms. Porter asked what she would have to do to have a summer
day camp at this location. Mr. Welch responded that it would have to be rezoned at the County level and the
City would determine if it meets City regulations before a license could be issued.

LA HACIENDA MEXICAN RESTAURANT, 1025 EAGLES LANDING PARKWAY, the new owner Jose
Daniel Jaime is applying for alcohol license to sell beer, wine and distilled spirits. Application, background
check, fees paid and all requirements of the Alcohol Ordinance have been completed.

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

CALIBER PROPERTIES, ERIC KRIKLAND requested permission to move a move-in house on Tye Street.
The house is a standard stick-built house. He wants to get the Council’s opinion before he pursues a permit
through Henry County. Mayor Kelley said the Council does not give out opinions on what would be decided
if it comes before the Council. If they do this they would have people at every meeting wanting to know if
zoning matters would be approved when they come before the Council and the Council does not know what
decision they will make until it is officially presented to the Council by the County.

Mr. Kirkland responded that he was doing what Mr. Strickland and Taurus Freedman with Henry County had
advised. He must have City approval before he makes application with Henry County. Mayor Kelley said
that was wrong, he must go through the County first then the County will bring the matter before the Council
for final disposition.

Andy Welch advised Mr. Kirkland that he needs to go back to Henry County and apply for a conditional use
permit to have a move-in house. The zoning ordinance is very clear that if you want to put a move-in house
in to a single family zoned property, you have to apply for a conditional use. The application process begins
at the county level. Henry County will put together a report that either recommends approval or denial of the
conditional use. Henry County will send the report with recommendations, a process they must go through
an analysis they have to go through legally before the condition use permit can be issued. That report has
to be presented to the Council for approval or denial.

NOEL SCHUMANN, HIGHWAY 42 SOUTH, constructed a mall in an M-1 zoning. Mr. Schumann plans to
rezone from M-1 to C-2 because the M-1 zoning he has is improper for retail commercial and the City would
like to see it rezoned to C-2. In the meantime, he is asking for a conditional use to use the center as C-2
because he has tenants who need C-2 zoning until he officially rezones the property to C-2.
Andy Welch said the proper way to approach this is he would need to go through the rezoning process for a
C-2 zoning. In term of the issuance of a business license the Council may issue the license contingent upon
the applicant receiving C-2 zoning for the property. If he receives the C-2 zoning the license remains valid.
If he does not receive the C-2 zoning then the license is terminated automatically upon denial.

Mayor Kelley advised the Council that Mr. Schumann has already made application to the County to get it
rezoned from M-1 to C-2 which it definitely needs to be rezoned because it’s too heavy of a zoning for that
location.

Steve Moon asked if the Council needs to wait until after Mr. Schumann gets the rezoning approve before
the Council takes it up or can the Council take up changing the zoning. Mayor Kelley responded that Mr.
Schumann has to go through the process of the County just like Mr. Kirkland had to do. The Council will just
give the Clerk the authority to issue a temporary business license until the zoning has been completed.

Fred Evans made a motion to approve issuing temporary business license until zoning is complete; Steve
Moon seconded, and passed unanimously.

IDRIS O. ANIMASHAUN, FUNDY GAME ROOM, 1953, 1955 AND 1957 HIGHWAY 42, NORTH requested
an occupational license to operate a game room. Mr. Animashaun has been furnished a copy of the City’s
code regarding game rooms. He has completed the application and met all the requirements of the code,
including all fees and background check. This is a regulatory business and must be approved by the City
Council. This business will be located in the building owned by Mr. Noel Schumann.

Mayor Kelley asked Mr. Animashaun to give the Council a rundown on exactly what type of operation he
plans at this site. Mr. Animashaun gave the Council a copy of the services Fundy’s will provide and stated it
will be a similar operation to Chuck E Cheese’s. It is an umbrella for family for food, fun and entertainment.

Mayor Kelley asked what type of noise factor will be involved. Mr. Animashaun said there will be no noise at
all. Mayor Kelley said he wanted him to be aware that the City has a noise ordinance that is enforced since
he will be located near a neighborhood.

Councilman Moon asked about the adult zone because it is wide open for PlayStation2, X BOX, Game Cube,
and Arcade Games. Are there any games of an explicit nature? Mr. Animashaun responded “no” that this
is a general area where you can teach your children to play table games. There is an open adult area away
from the children but there are no explicit adult games and you can see everything from everywhere.
Councilman Turner asked if there are sufficient parking spaces. Mr. Animashaun responded that he has
sufficient parking in the front and back of the building. Councilman Evans pointed out that this is the first
game room in the City with games for real small children.

Harold Cochran made a motion to approve issuing a business license on a temporary basis until zoning is
complete; Fred Evans seconded, and passed unanimously.

SUNDAY FAVORS, 105 EAST ATLANTA ROAD would like to know if the Council would consider this site
for a day care center. This is a free standing building that was used by the Health Department and is currently
zoned C-2. Ms. Favors did not attend this meeting.

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

RANDALL IRVIN, 85 DANIEL DRIVE. The code requires a fence around Mr. Irvin property and Mr. Irvin
would like to do away with the fence on the north side of his property because he has a kudzu problem and
it will take over the fence. He is currently building an office building and he is surrounded by residential
property on three (3) sides and on the back side, he wants the Council to allow him to leave out the back
portion of his fence. His fence will be on the property line and the kudzu will choke the fence off. He will not
be able to control the kudzu, his neighbor will have to control the kudzu and there is no neighbor at this time
and the property has been put up for sale as potential commercial. The kudzu was planted years ago to stop
erosion of the thirty (30’) foot bank on the back side of his property. If there is no fence, he will be able to run
a lawnmower to keep the kudzu off his property.

Andy Welch stated that the code requires a buffer between commercial and residential. In this particular
case, he has been instructed to put up a fence. If he wants to remove the fence he needs to apply for either
one or two things. He needs to apply for an amendment to zoning if it was a condition of his zoning or he
needs to apply for a variance. Both of the applications need to go through the County first and then come to
the Council. Mr. Irvin said he would be pushed for time because he will have his final inspection by that time.
If the adjourning property sells as commercial there is no reason for a fence. If it sells as residential, at that
point he will be glad to put up the fence.

Andy Welch asked if the fence was a condition of zoning. Mr. Irvin responded that it was not. Mayor Kelley
asked Mr. Irvin if his building fronts on Daniel Drivel and the side of the building faces on Highway 42.

Andy Welch said the zoning ordinance says the way you determine if a buffer required is based upon the
surrounding existing uses already there. It sets forth minimum standards so if you are a commercial zone
and you are next door to a residential zoned area, it has to be a minimum of thirty (30’) feet or in special
cases you can put up a privacy fence instead of having to plan a vegetative buffer. In this case, the ordinance
requires in a minimum of twenty (20’) feet or some type of privacy fence. Mr. Irvin stated he has a forth (40’)
foot buffer.

Mayor Kelley said he has to agree that no one is going to build a house in the hole on Highway 42.
Councilman Evans stated that if Mr. Irvin has a forty (40’) feet buffer, why does he need a fence. He still
plans to put the fence on the west and south sides and in order to get his zoning, he agreed to put the fence
up and he still plans to put the fence up between his property and these neighbors.

Ted Strickland advised the Council that he has already inspected the property and the back side falls off
some thirty feet or more and even down the sides it’s fifteen (15’) to twenty (20’) feet and it’s real rough.

Andy Welch instructed Mr. Irvin to bring a site plan showing the forty (40’) foot buffer and if it meets to buffer
requirements, the fence will not be required. Mr. Irvin state that it shows on his site plan that the fence needs
to be there and what he was hoping is to get an approval from the Council. Mayor Kelley said since the fence
is shown on his site plan he may need a letter from the City so he will be able to get his occupancy permit.
Mr. Irvin was instructed to get the site plans to Mrs. Manders and she will get them to Mr. Welch.

Steve Moon made a motion to approve pending a legal conclusion reached by the City Attorney; Fletcher
Turner seconded, and passed unanimously.

FLINT CIRCUIT COUNCIL ON FAMILY VIOLANCE, INC. requested the City appropriate $5,000 for services
rendered for 2004.

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

MEMORIES – NOISE. Ted Strickland informed the Council that he has received complaints regarding the
late night noise. He has notified them that if it continues he will have police write a ticket to come before the
Mayor and Council. The way the ordinance is written for noise testing is rather difficult. The homes located
to the rear of Memories are only approximately twenty (20’) feet from the back of Memories. They put in
additional insulation but the Fire Department made them remove it for safety reasons. Mr. Strickland just
wanted the Council to be aware that we are having noise problems at this location.
Mayor Kelley told Andy Welch that the City might need to go to the hand held testers. The testers required
by ordinance are too hard to operate and cost prohibitive. Mr. Strickland said the best testers are the small
hand held meters and anyone can operate them.

Harold Cochran made a motion to adjourn; Fletcher Turner seconded, and passed unanimously. Meeting
adjourned at 7:15 P. M.

Respectfully submitted,

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

AMEND MARCH 8, 2004 MINUTES to include Wilkes and McCain Partnership, L.P. Quitclaim Deed to
straighten property lines south of Highway 42 and west of Tye Street. The deed was approved and signed
but was omitted from the Agenda and failed to get recorded in the Minutes. Council voted to amend the
March 8, 2004 Minutes at the May 10, 2004 Council Meeting.

Motion was made by Steve Moon; Fred Evans seconded and passed unanimously.
