---
date: 2004-09-13
title: September 13, 2004 Minutes
source: 2004-09/2004-09-13_September 13, 2004_Minutes.pdf
pages: 1
---

September 13, 2004

CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA SEPTEMBER 13, 2004

The Regular Meeting of the Stockbridge City Council was held on September 13, 2004 and Mayor R. G.
Kelley presided. Members present were Harold Cochran, Fred Evans, W. A. Gardner, SteveMoon and
Fletcher Turner.

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

Steve Moon gave the invocation.

Harold Cochran made a motion to approve Minutes of the August 9, 2004 and August 27, 2004 City of
Stockbridge Council Meetings; Fred Evans seconded, and passed unanimously.

Mayor Kelley welcomed guests.

PLANNING AND ZONING

CVS 8395 GA, LLC, OF ALPHARETTA, GEORGIA requested rezoning from M-1 (Light Manufacturing) to
C-2 (General Commercial) for property located at the southeast corner of the intersection of State Route 42
and East Lake Parkway, in Land Lot 1 of the 11th District. Henry County Planning Commission approved on
August 12, 2004 with seven (7) conditions.

1. All sides of the building shall be constructed of brick, stucco, glass, stone or a combination
thereof. The Department of Development Plan Review shall have approval of the architectural
plans.

2. Primary signage not attached to a building shall be monument based and shall have consistent
character and design details that reflect the architectural design of the period.
3. Dumpster(s) shall be placed on a concrete pad and enclosed on there (3) sides, and shall be
minimum of eight (8) feet in height. It shall be gated and enclosed with a three (3) sided
masonry wall being consistent wit the façade of the building.

4. The Department of Develop0ment Plan Review staff shall approve the proposed landscape
plan s prior to the issuance of a building permit.

5. An exterior lighting plan shall require all lighting to be of moderate brightness and consist of
downcast lighting.

6. The structure shall be architecturally compatible with the surrounding area, excluding the
convenience store.

7. Any signage not attached to the primary structure shall be monument based and shall not
exceed eight (8) feet in height fronting East Lake Parkway and shall not exceed thirty-five (35)
feet in height fronting Georgia State Highway 42.

A. J. Welch stated that the staff recommends approval. Fred Evans made a motion to approve; Harold
Cochran seconded, and passed unanimously.

A. P. BARRY, OF McDONOUGH, GEORGIA requested rezoning from R-3 (Medium/High Single-Family
Residential) to C-2 (General Commercial) for property located at 101 and 103 Shepherd Drive on the
northwest corner of Shepherd Drive and North Henry Boulevard, in land lot 59 of the 12th District. Henry
County Planning Commission approved with five (5) conditions on July 22, 2004. The owner requested this
rezoning be postponed for ninety (90) days.

A. J. Welch pointed out that it would have to be re-advertised before the council can hear it in ninety days.

Motion was made by Harold Cochran to table rezoning for ninety (90) days; Fred Evans seconded, and
passed unanimously.

TUNIS ROAD RESOLUTION – A. J. Welch advised the Council that he has a resolution requesting that the
City accept the right-of-way dedication of a portion of Tunis Road and Authorize Mayor Kelley and Clerk to
sign on behalf of City. Mr. Welch pointed out that improvements have been made to the cul-de-sac at the
end of Tunis Road beyond the original dedication.

Fred Evans made a motion to accept the portion of Tunis Road as requested; Steve Moon seconded, and
passed unanimously.

RESIDENTIAL GROWTH REGULATION ORDINANCE – A. J. Welch reminded the Council that this
ordinance was reviewed at the April 12, 2004 Council Meeting and the Council adopted a resolution to forward
the ordinance to Henry County Planning and Zoning for review and comments. The Atlanta Regional
Commission (ARC) refused comment as this is an issue to be decided between the City and County.

Cheri Matthews, Henry County Planning and Zoning advised the Council that this ordinance was heard by
the Planning Commission on September 9, 2004 and it was postponed until they heard from the ARC. This
information will be relayed to ARC so their response can be forwarded to the Council.

W. A. Gardner made a motion to table for thirty (30) days; Fred Evans seconded, and passed unanimously.

NEW BUSINESS

JANE RUTLEDGE, advised Council that she will serve on the Clayton County Alzheimer group and their
goal is to seek funds to build an Alzheimer House to serve surrounding areas. She will attend the next
Council Meeting with Donnie Hood and they will explain how this will work in relationship to ARC. The house
she wanted to donate to the City will go to this project in Clayton County.

TAMARA ISBELL, PRESIDENT, WILDWIND HOMEOWNER ASSOCIATION, requested that she be heard
regarding a fence to be installed between the residents of Wildwind Subdivision and Memorial Park because
of vandalism. Ms. Isbell failed to appear but Ted Strickland advised the Council that he is in the process of
getting bids to install a fence as instructed by the Council at the August, 2004 meeting. No action needed.

WILLIAM O. MAYO, III petitioned the Council for approval for the Shriner’s to collect donations along State
Route 42 within the City limits. Mayor Kelley reminded the Council that the City passed an ordinance to
prohibit sales of any type along city streets for safety reasons. On several occasions, children were injured
selling along North Henry Boulevard. Mayor Kelley recommended denial of Mr. Mayor’s petition.
Harold Cochran made a motion to deny petition; Fred Evans seconded, and passed unanimously.

TRAFFIC LIGHT INSTALLATION AT MAYS CROSSING SHOPPING CENTER - Ted Strickland advised
the Council that he has been working with Ramco-Gershenson, Inc. owner, Mays Crossing Shopping Center
for several years on getting a traffic light at the intersection of Davidson Parkway and North Henry Boulevard.

The City has just completed the landscape and installation of new street lighting in this area. The owners
have agreed by letter that they will replace any damaged sidewalks, landscaping and other amenities caused
by this construction. They further agree to relocate, at their cost, landscaping, sidewalks, lighting and other
related items which will, by virtue of their improvements, be required to be relocated, unless the City
specifically approves the installation of alternative, less costly, improvements. They will provide right-of-way
necessary to accommodate the same. The letter from Ramco-Gershenson, Inc. will be a part of the minutes
of the September 13, 2004 Council Meeting.

Steve Moon made a motion authorize Mayor Kelley and Clerk to sign contract with Georgia Department of
Transportation; seconded by Fletcher Turner, and passed unanimously.

2004 MILLAGE – Set mills at 3.61 with a local option sales tax rollback of 3.61 with a mill rate of 0. One mill
equals $629,280.00.

Fred Evans made a motion to set mills at 3.61; Fletcher Turner seconded, and passed unanimously.

W. A. Gardner made a motion to apply local option sales tax to rollback mills 3.61 for zero mills; rollback 3.61
mills for net mills or 0.00; Fred Evans seconded, and passed unanimously.

2004 BUDGET AMENDMENTS: Mayor Kelley advised the Council that the Finance Department needs to
get the Council’s approval of the following amendments to the budget.

· To amend budget for Stormwater Fees and Expenses.
· Library Utility Expenses.
· Code enforcement expenses.
· Sewer revenue increase.
· Water and sewer miscellaneous expenses.
· Sanitation equipment repairs.
· Conference Center operation building equipment.
· New TG grant and matching funds.
· Small adjustments to other accounts.

The amendment will get the budget back in line before the end of the year. The TG Grant and Stormwater
Expenses were not included in the original 2004 budget figures and created the largest budget increases.

Fred Evans made a motion to approve the amendments of the 2004 budget; Harold Cochran seconded, and
passed unanimously

TRANSFER OF DAVIS ROAD PROPERTY from City of Stockbridge to Henry County for the new library to
be constructed on Davis Road. The Council needs to authorize Mayor Kelley to sign documents necessary
to make the transfer on the behalf of the City of Stockbridge. There is a provision in the agreement that if
Henry County ever stops using this building for library purposes it will revert back to the City and the City
could acquire the building at appreciated costs. Or, if the City decides they do not want the building, the
County could then sell the building and pay the City the first $250,000 in value to pay land cost improvements
the City has made for the library. Mr. Welch recommended the Mayor and City Clerk be authorized to sign
the deed and first right of refusal documents.

Harold Cochran made a motion to approve transfer of ownership of City property to Henry County for a public
library; Fred Evans seconded and passed unanimously.

GELETA FINTON, 440 DAVIS ROAD requested a home occupation license to operate a Mature Christian
Singles organization at this address. Ms. Finton advised the Council that her business is setup to introduce
people to each other. Hopefully they will end up married or having a strong religious relationship. They will
have a compute questionnaire to assist in matching couples. There will be dances and other entertainment
provided for the couples. Mayor Kelley asked what they will do at this address. Ms. Finton responded that
only the office will be located at 440 Davis Road.

Mr. Welch asked if there will be any employees. Ms. Finton responded that she will have only one employee,
her finance’, as they are working together. Mr. Welch said the ordinance does not allow employees at the
family residence. She will be allowed to operate the business herself but she cannot have any employees.
Mayor Kelley advised Ms. Finton that her property is not zoned commercial and no one can operate a
business from her home except her. Ms. Finton said that she and her finance’ live there together because
they are engaged – he comes with the house.

Steve Moon said he had a question and asked if this organization is for Christian singles and are you living
together. Ms. Finton responded that as soon as they get settled they will get married.
Councilman Moon said the order which it is suppose to be done is not the order in which it is being done. It
appears they are starting off on the wrong foot or in other words behind the eight ball. Ms. Finton said she
understands what he is saying. Councilman Moon said it’s very clear what people are supposed to do and
people choose to ignore what is right.

Fred Evans made a motion to approve Ms. Finton’s request; seconded by Fletcher Turner, denied by a vote
of three to two.

Ms. Finton asked if her license was denied because she is not married. A. J. Welch, City Attorney replied
that the Council is not required to give a reason. Home Occupation is not a right but it is a conditional use
and the Council has the right to grant or not to grant. Ms. Finton asked on what basis they must vote. Mayor
Kelley responded that it is the privilege of Council on how they vote and there is nothing that says they have
to issue a home occupation permit when it’s not zoned for what she wants to do.

Ms. Finton asked the procedure for reconsideration. Mr. Welch advised that she must write a letter and ask
for her request to be put back on the agenda for reconsideration. The letter must be received the Wednesday
prior to the Council Meeting on Monday October 11, 2004.

EXECUTIVE SESSION.

Harold Cochran made a motion to go into Executive Session to discuss the Town Center project.

TINA MORROW, TOWN CENTER REALITIES, LLC, was present to discuss Town Center project and the
purchase of property.
Harold Cochran made a motion to adjourn Executive Session; Fred Evans seconded, and passed
unanimously.

Harold Cochran made a motion to reconvene Regular Session; Fred Evans seconded and passed
unanimously.

There was no additional business to be transacted and W. A. Gardner made a motion to adjourn; Steve Moon
seconded, and passed unanimously. The meeting adjourned at 7:30 P. M.

Respectfully submitted,

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