---
date: 1988-09-12
title: September 12, 1988 Minutes
source: 1988-09/1988-09-12_September 12, 1988_Minutes.pdf
pages: 1
---

September 12, 1988

CITY OF STOCKBRIDGE
HENRY COUNTY, GEORGIA SEPTEMBER 12, 1988

The regular meeting of the Stockbridge City Council was held September 12, 1988 at 7:00 p.m. with Mayor
Kelley presiding and members present were Harold Cochran, John Dabney, G. W. Evans, H. M. Kersey and
Ronnie Simmons.

Motion to convene was made by Harold Cochran, seconded by John Dabney and passed unanimously.

Minutes of August 8, 1988 meeting were approved as distributed.

George and Betty Hsu requested a variance at 4998 North Henry Boulevard for a 5 ft. side yard variance on
west side of property for commercial development zoned O-I. The property on the west side is residential
and they have agreed to install a privacy fence on the west side. Motion was made by Ronnie Simmons to
approve as submitted, seconded by G. W. Evans and passed unanimously.

George and Betty Hsu requested conditional use for move-in house at 180 Shields Road, Lot 34,
Meadowridge Subdivision. The house proposed to be moved from commercial development site at 4998
North Henry Boulevard. Contractor John Freeman advised that he will bring this house up to code. It was
brought out that this subdivision has a 1,500 ft minimum restriction for living space and this house only has
1,100 ft. Harold Sorrell, John Duke, Teresa Martin and Nick Gordy, along with others from this neighborhood
who voiced opposition to this house being moved into their neighborhood. Mayor Kelley recommended the
conditional use be denied because the house does not meet zoning requirements for this subdivision. Motion
was made by Harold Cochran to deny, seconded by G. W. Evans and passed unanimously.

Connie B. George requested a variance to allow a 19 ft setback for corner lot at East Atlanta Road and North
Henry Boulevard because overhang of second floor of proposed new commercial building. This property is
zoned C-2. Motion was made by Harold Cochran to grant variance, seconded by H. M. Kersey and passed
unanimously.

Knight Development, Perry Knight, requested final plat approval for Phase IV, Northbridge Station
Subdivision. Jim Risher advised Council that landscaping of right-of-way of Phase IV is incomplete. Knight
Development advised they are waiting for Georgia Power to install underground power lines and it would be
approximately six weeks before they complete their work. Jim Risher suggested the Council approve subject
to completion of landscaping if Knight Development will post a performance bond of $12.00 per linear ft to
guarantee completion of project if Knight Development is unable to complete. Motion was made by Ronnie
Simmons to approve final plat subject to Knight Development posting a performance bond of $12.00 per
linear ft., seconded by Harold Cochran and passed unanimously.
La Jolla Pacific Equities, Inc. requested final plat approval for new street, Davidson Parkway South, from
Clayton County line to Speer Road for future commercial development. It was noted that Clayton County
has not dedicated their portion of Davidson Parkway South. G. W. Evans made a motion to table request for
final plat approval until Clayton County approves their portion of Davidson Parkway South, seconded by
Ronnie Simmons and passed unanimously.

Jack Greene, Lakeview Mobile Home park, Phase II (expansion of Askew property) was present to discuss
preliminary plans. Lewis Hurd, engineer for Mr. Greene, advised that this expansion is located in the 100
year flood plain and before City Council will be asked to accept preliminary plans, he will make application to
Federal Emergency Management Agency to have this property removed from the flood plain. Mr. Hurd
pointed out that the watershed located on Lakeview property and the over-engineering of the Lakeview and
Askew properties should enable FEMA to remove the Askew property from the flood plain.
MINUTES
9/12/1988
PAGE 2

A. J. Welch asked Mr. Greene if he would be willing to agree to the same restrictive covenants for the Askew
property as the Lakeview property and Mr. Greene answered affirmatively. If the status of this property
changes, the City will have to change their Flood Ordinance. Motion was made by Ronnie Simmons to
include Askew Mobile Home Park under the Lakeview Mobile Home Park Restrictive Covenants and to
amend the Flood Plain Ordinance, motion died for lack of second. At this point, Jane Askew Rutledge advised
Council she was present at this Council meeting for another reason and was unaware that this matter was
being brought before the City Council at this meeting. She advised the Council that Mr. Greene has installed
a sanitary sewer main through her property to service Lakeview Mobile Home Park and she signed an
easement that will give the City access to maintain this sewer line. In her agreement with Mr. Greene, he
was to provide her with two sewer taps and to date, he has not provided these taps. Mr. Greene explained
that the contractor had installed the wrong manholes and correct ones have been ordered and when installed
the two sewer taps will be provided as agreed. Mayor Kelley recommended the Council table this discussion
until Mrs. Rutledge and Mr. Greene can solve their problems and the preliminary plans can be discussed in
a positive manner. Motion was made by Harold Cochran to table discussion, seconded by H. M. Kersey and
passed unanimously.

Jim Risher advised Council that Henry County Department of Transportation will begin construction and
paving of Old Atlanta Road at the end of October 1988 and will contact the City for a draw from the $56,260.00
that was appropriated for this project.

In relation to the Old Atlanta Road project, Mayor Kelley informed council that when Southern Bell was
contacted to donate right-of-way they will convey subject to the City exchanging a building variance if one is
needed by them sometime in the future. Motion was made by Ronnie Simmons to accept right-of-way from
Southern Bell, seconded by Harold Cochran and passed unanimously. Motion was made by G. W. Evans to
grant reasonable and necessary variance to accommodate expansion of building if it becomes necessary,
seconded by Harold Cochran and passed unanimously.

Jim Risher presented the Council with a list of goals and objections for the Land Use Study. The City Council
will review and make recommendations at the October 10, 1988 City Council meeting.

Sharon Stroud, 108 Miller Road, complained that Herman Smith, AT&S Mini Warehouses, 4400 North Henry
Boulevard, has destroyed the natural buffer area between her property and his commercial development by
grading a hole 45 ft wide and 15 ft deep to the rear of her property. She stated that Mr. Smith violated the
City and county zoning ordinance, which requires a 20 ft buffer area between residential and commercial
property and therefore, the City should make Mr. Smith refill the hole and replant trees. After discussion,
Council instructed Mr. Smith to sow grass on the graded area at the rear of Mrs. Stroud's property to eliminate
erosion and to plant three rows of fast growing trees. She also complained that he did not extend the privacy
fence to the end of the south east corner of her property but about midway changed to chainlink that is higher
than the privacy fence. Council instructed Mr. Smith to extend the privacy fence across Mrs. Stroud's entire
back yard and the chainlink fence is not to be extended about the privacy fence nor is the chainlink fence
that connects to Mrs. Stroud's fence to have barbed wire on the top of the fence. Motion was made by Ronnie
Simmons that Mr. Smith makes the improvements discussed, seconded by Harold Cochran and passed
unanimously.

Mayor Kelley briefed the Council on the December 12, 1988 election. Qualifying opens October 12, 1988
and closes November 11, 1988 at 12:00 noon. Voter registration closes November 3, 1988. Motion was
made by Harold Cochran to set qualifying fee for Mayor at $30.00 and each Council position at $20.00,
seconded by G. w. Evans and passed unanimously.
MINUTES
9/12/1988
PAGE 3

Motion was made by Harold Cochran to set 1988 millage at 8.16 mills, with local option sales tax rollback of
7.16 leaving a 1.00 mill net tax, seconded by G. w. Evans and passed unanimously.

Motion was made by Harold Cochran to transfer from General Fund Contingency to Park Department for
capital improvements to purchase Kubota lawn tractor in the amount of $6,697.50 and to transfer from the
General Fund Contingency to Sanitation Department to purchase Chevrolet garbage truck and packer in the
amount of $41,578.00, seconded by John Dabney and passed unanimously.

City Attorney, A. J. Welch, addressed the subject of commercial flea markets operating within the City of
Stockbridge and the fact that the City does not have an adequate ordinance to regulate these businesses
and he is in the process of drafting an ordinance. He emphasized that all commercial flea markets must be
within a building that meets City and county building codes, have public restrooms, fire exits, facilities for
handicapped, etc. Mr. Steve Custer, Stockbridge Village, addressed the council regarding his business at
4367 North Henry Boulevard. He was issued a business license to operate a thrift store and jewelry sales.
When he applied for a business license to operate a flea market and pawn shop, he was informed he must
have approval of the City Council. Because of the nature of these businesses, owners are required to meet
certain criteria, be finger printed by the Henry County Sheriff's Department for a background check as part of
his application for a business license to operate a pawn shop and flea market. It was brought out that he
was informed he could not display merchandise as a flea market but did so anyway as well as advertised as
a flea market, with disregard to the sign ordinance and was warned several times. Mr. Custer stated that he
had been issued a citation for operating a flea market without a business license and stated that he was not
operating a flea market as such. A. J. Welch advised Mr. Custer to cease advertising and operating as a flea
market, with no outside display of merchandise. When the ordinance has been revised, he will be allowed
to make application for a business license to operate a flea market subject to approval of the City Council
and a background check. In the meantime, he may apply for a business license to operate a pawn shop,
subject to background check and approval of the City Council at the next City council meeting October 10,
1988.

It was noted that the 1989 proposed budget is being prepared and preliminary figures will be presented for
the Council's review at the October 10 meeting. Public Budget Hearing will be scheduled for November 14
meeting and final approval and adoption of the budget will be scheduled for December 12 meeting. Public
notices will be published 10 days prior to meetings.

A. J. Welch, City Attorney, reminded the City Council that a sewerage study needs to be done showing
present flow, estimated growth and predicted flow to enable the Council to better judge the size and type of
sewerage treatment plant facility needed to take care of future growth. Mayor Kelley suggested the Sewer
Committee meet with Lewis Hurd to begin the preliminary work on this project.

It was also mentioned that property owned by Gerald Taylor on East Atlanta Road that backs into the City's
present sewer facility is for sale and the City needs to contact Mr. Taylor to purchase whatever acres are
needed for the treatment plant extension.

Mayor Kelley appointed Ronnie Simmons, Harold Cochran and G. W. Evans to serve on the Parks and
Recreation Committee.
MINUTES
9/12/1988
PAGE 4

Jane Askew Rutledge presented the Council with a letter offering to serve on a committee for the
beautification of the City of Stockbridge under the direction of the City Council. Mayor Kelley expressed the
Council's appreciation for her offer to volunteer her services and they will keep her in mind when the City
undertakes this worthwhile project.

Motion to adjourn was made by Harold Cochran, seconded by John Dabney and passed unanimously.
Meeting adjourned at 9:45 p.m.

Respectfully submitted,

Merle Manders R. G. Kelley
City Clerk Mayor
