---
date: 2004-05-10
title: May 10, 2004 Minutes
source: 2004-05/2004-05-10_May 10, 2004_Minutes.pdf
pages: 1
---

May 10, 2004

CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA MAY 10, 2004

The Regular Meeting of the Stockbridge City Council was held on May 10, 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.

Invocation to be given by Steve Moon

Harold Cochran made a motion to approve minutes of April 12, 2004 and April 27, 2004 Council Meetings;
and FredEvans seconded, and passed unanimously.

Mayor Kelley welcomed guests.

PLANNING AND ZONING

HANS BRODER, ST MARGIT VILLAGE is requesting rezoning of property located on Flippen Road in Land
Lot 12 of the 6th District from RA (Residential Agricultural) to R-3 (Medium/High Density Single-Family
Residential). Henry County Planning and Zoning approved on April 8, 2004 and recommends approval with
four (4) conditions.

1. All houses shall be single-family detached dwellings and have two-car
garages standard.

2. The development shall have underground utilities, sidewalks on both sides of
the street.
3. All houses shall have front facades’ consisting of a majority of masonry material
(brick, stone, stucco, or any combination thereof).

4. All yards shall be fully sodded.

Fred Evans made a motion to approve the rezoning with the four conditions; W. A. Gardner seconded, and
passed and passed unanimously.

HANS BRODER, ST MARGIT VILLAGE is requesting a variance to reduce the minimum lot size from 12,000
square feet to 10,000 square feet and reduce the side setbacks from 30’ to zero (0’). The property is located
on Flippen Road in Land Lot 12 of the 6th District. Henry County Planning Staff recommends approval.

Andy Welch, City Attorney, advised the Council that there are four lots that were previously zoned with a
thirty-foot (30’) front setback as opposed to the forty-foot (40’) setback and he wants to make sure that Mr.
Broder will retain the variance for all of his lots to have a thirty-foot (30’) minimum front setback and then
reduce the lot size from 12,000 square feet to 10,000 square feet. MayorKelley asked if there would be ten-
feet (10’) between the houses. Mr. Broder stated that Planning and Zoning wants him to be ten-feet (10’)
from the property line which will be twenty-feet (20’) between the houses.

Mayor Kelley asked if anyone was present in regards to this matter, and if not, he asked for a vote of the
Council

Harold Cochran made a motion to approve the thirty-foot (30’) setback with a 10,000 square foot lot size; and
Fletcher Turner seconded, and passed unanimously.

ALAN D. BRYANT, 243 OLD STAGECOACH ROAD requested annexation of property located at 110 Old
Stagecoach Road. The property consists of .3 acres and is located in Land Lot 92 of the 12th District and
zoned M-1 (Industrial) and the zoning will remain the same.

Mayor Kelley asked if anyone was present in regards to this matter and if not, he asked for a vote of the
Council
Harold Cochran made a motion to approve; and Steve Moon seconded, and passed unanimously.

RANDY MAHAFFEY, PLY-MART requested annexation of property located at 2680 Highway 42 in Land Lot
11 of the 11th District. The property contains 9.4 acres and is zoned M-1 (Industrial) and zoning will remain
the same.

Mayor Kelley asked if anyone was present in regards to this matter and if not, he asked for a vote of the
Council

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

J. P. EVANS, LAKESIDE II, L.L.C. requested annexation of property located on Highway 42, South in Land
Lots 1 and 2 of the 11th and 7th Districts. The property contains 10.15 acres and is zoned M-1 Industrial and
will be brought in with the same zoning.

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

DENNIS DUNCAN, 3D CONSTRUCTION, INC. requested annexation of property located at 2682 Highway
42 North in Land Lot 1 of the 7th District. The property contains 3 acres and is zoned C-2 (General
Commercial).

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

GARY HOWELL, HIGHWAY 138 requested a letter from the City addressed to Henry County Planning and
Zoning advising that the City will allow him to clear and grade his property for sale. He has a potential buyer
and he will have to get the property cleared by a June 15 deadline.

Mr. Howell requested that he be placed on the agenda but failed to appear. Andy Welch said that for some
reason Henry County has been referring things to the City asking for letters of approval from the Council and
the ordinance is very clear that he has to go through a process to get permits. Mr. Howell went to the County
and they sent him to the City and then the City has to send them back to Henry County.
Ted Strickland stated that Mr. Howell has a potential buyer for a restaurant and the purchaser wanted to see
what the property looks like before he buys the property. The property contains approximately 3 acres.
Mayor said to give Mr. Howell a letter that states that as long as he follows procedures outlined in the
ordinance the Council has no problem. The Council does not want the property clear cut and left barren if
the prospective buyer does not buy the property. Andy Welch said there is a provision in the ordinance that
allows the Council to allow someone to clear cut property if they choose to do so. In this situation, the Council
can give him a letter that says he must follow the ordinance.

Mayor Kelley instructed Andy Welch to draft a letter to that effect for Ted Strickland to sign advising Mr.
Howell to follow the ordinance.

ILLEGAL SIGNS – Ted Strickland advised the Council that new businesses are renting spaces and using
temporary signs and banners instead of installing a permanent sign according to the sign ordinance. He
recommends sending all businesses a letter regarding their illegal signs, banners and streamers and the
action the city will take to enforce the City Code. They should be given thirty days to come into compliance
with the sign ordinance and at the end of the thirty days have code enforcement write a ticket to appear in
court.

Harold Cochran made a motion to approve authorizing Ted Strickland, City Manager, to send a warning letter
to all businesses regarding their illegal signs; Fletcher Turner seconded, and passed unanimously.

Mayor Kelley stated he wants all of the small signs along the streets to be removed. TedStrickland said some
of the signs are put behind the light poles on private property and City workers cannot go on private property
to remove signs. Mayor Kelley said they cannot put up the sign without a permit. Ted Strickland said he will
have City workers remove the signs. AndyWelch said people can put up the small temporary sign for thirty
days and there is a time period they can put them up on a Friday at 5:00 PM and it goes until midnight on
Sunday but not on rights-of-ways. It was pointed out that that section was removed from the City’s ordinance.

Ted Strickland said in the past if a political sign is off the rights-or-ways the City leaves it alone. Political
signs can be placed on private property with the owner’s permission.

MONICA MOODY, 200 MONARCH VILLAGE WAY is requesting a home occupation license to operate an
event planning company doing business as (dba) Spa Party Creations. Mayor Kelley asked Ms. Moody to
describe her business for the Council.
Ms. Moody responded that it is an event planning company and she will specialize in spa parties specifically
for girls and women. For example: if you plan to have a party for your sixteen year old daughter, she will
bring in someone to do nails, facials, etc. She actually contracts with licensed or certified cosmetologists and
massage therapists to provide these services.

Mayor Kelley asked what activity she will have at her home. Ms. Moody responded that she will use her
home as her company headquarters. The spa parties will actually take place on location, more likely in the
client’s home.

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

AMEND THE MARCH 8, 2004 MINUTES. David Harris’ Quiet Title was omitted from the March 8, 2004
Council Meeting. Mr. Harris is purchasing the Wilkes and McCain Partnership property located behind the
Methodist Church and the Council needs to approve this document to correct the location of Nolan Street.
The documents were signed at the March 8, 2004 meeting but were left off the agenda in error.

Steve Moon made a motion to amend the March 8, 2004 minutes and approve the Quiet Title; Fred Evans
seconded, and passed unanimously.

STOCKBRIDGE TAG OFFICE – Mayor Kelley advised the Council that he has received a letter from Jim
Vann, President, JTV General Contractors regarding the Stockbridge Tag Office and proposed parking lot
bid package in the amount of $1,186,014.00. The Burke Street, Davis Road widening and street
improvements $102,285.00. The asphalt paving and stripping for the library is $19,746.00. Ted Strickland
advised the cost is included to widen the street and if the City lets the buildings be constructed without
widening the street it will create problems later. The resurfacing of the curve in front of the Conference Center
is included in this bid.

Mayor Kelley explained that the City hired Mr. Vann as the general contractor and he gets the individual bids
for the project. Mr. Welch advised the Council they need to approve the bids as being the low or best bids.

Harold Cochran made a motion to approve the bids as being the low or best bids and authorize Mr. Vann to
proceed with the construction of the new tag office on Burke Street; W. A. Gardner seconded and passed
unanimously.
FENCING ORDINANCE – Andy Welch advised the Council that the legal staff has prepared an ordinance to
establish new regulations and materials for fencing and new developments. The fence quality is the main
concern. Under this amendment to the Zoning Ordinance the fences will be constructed with brick, cedar,
cypress, wrought iron, vinyl or chain link. If it’s chain link it has to be coated with plastic in a dark color, black,
brown or dark green. The fences will be limited to a height of eight-feet (8’) unless it’s a tennis court, pool or
other type of recreation facility that would require a taller fence. The front yard fences will be limited to four-
feet (4’) in height. This would define what the City will allow for new construction.

Mayor Kelley pointed out that at this meeting the Council needs to adopt a resolution to send the ordinance
to Henry County Planning and Zoning for their review and comments.

W. A. Gardner made a motion to adopt a Resolution to send the Fencing Ordinance to Henry County Planning
and Zoning for review and comment; Harold Cochran seconded, and passed unanimously.

CLAYTON COUNTY CHAMBER OF COMMERCE – Mayor Kelley advised the Council that Clayton County
Chamber of Commerce is requesting the City’s financial support to save Fort McPherson and Fort Gillem.
Surrounding municipalities and counties have already pledged support.

Fred Evans made a motion to appropriate $2,000.00 from General Fund to support the efforts to save Fort
McPherson and Fort Gillem; W. A. Gardner seconded, and passed unanimously.

PENSION BENEFITS – This ordinance amends the benefits of the employees and elected officials through
the Georgia Municipal Association Pension Plan for members over 65.

This item was passed over at the May 10, 2004 Council Meeting and will be heard at the June 14, 2004
meeting.

MUNICIPAL COURT BONDS AND FINES ORDINANCE – Mayor Kelley reminded the Council that several
months ago the Council asked the City Attorney to review the City’s bonds, fines and city code violations and
update according to State of Georgia statutes.

Andy Welch, City Attorney, advised the Council that this has been done to make sure that the amounts are
not in excess of what a municipality can fine people. Built into these bonds is the court cost and the City can
charge a surcharge for court costs.
W. A. Gardner made a motion to approve the ordinance; Steve Moon seconded, and passed unanimously.

DERWIN BINION, 513 CHAUCER WAY – would like to discuss roads, beautification, and general
maintenance along Walt Stephens and Speer Roads and Speer Road and Highway 138. Mr. Binion failed
to appear.

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

JOTHAM BARBER – STOCKBRIDGE SPORTS CHALLENGE, 4995A NORTH HENRY BOULEVARD –
Mayor Kelley advised Council that Mr. Barber is requesting a business license to operate a game room at
this location. He would charge an admission fee and customers would be able to play games. The City
Ordinance only addresses coin-operated game rooms. Mr. Barber failed to appear and Mayor Kelley stated
that Mr. Barber needs to be present to answer questions regarding his operation.

Harold Cochran made a motion to table; Steve Moon seconded, and passed unanimously.

Andy Welch advised the Council that under the current game room and amusement ordinance prohibits the
flat fee; it has to be a coin operated machine.

BIDS FOR GARBAGE TRUCK

Consolidated Disposal Systems $95,399.00
McNeilus $97,200.00
Mayo Company $98,379.76
Heil $99,220.00
Municipal Equipment Sales $99,975.00
Heil $99,975.00
Municipal Equipment Sales $102,655.00
Fred Evans made a motion to approve the bid from McNeilus in the amount of $97,200.00; FletcherTurner
seconded, and passed unanimously.

STOCKBRIDGE FIRST METHODIST CHURCH – Floyd Wilson advised the Council that the Methodist
Church plans to have chimes installed in their new Church and wanted to know if the Council has any
objections. Andy Welch advised the Council that several lawsuits have been filed regarding this matter and
the City should investigate before making a decision. Mayor Kelley stated that he and the Council have no
problem with the chimes/music but they would like for the City Attorney to investigate and make sure this will
not create any legal problems for the Church or the City.

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

DERWIN BINION, 513 CHAUCER WAY - Mr. Binion said he is speaking for some Walt Stephens Road
residents regarding road beautification and maintenance. In comparing the City of Stockbridge with similar
cities like Marietta that are outside the 285 loop and are growing subdivisions. Those areas are putting a lot
money into greenery making sure the curbs and roadsides have a lot of shrubbery and flowers, etc. to make
the City appeal to the eye of someone passing through and may be so attracted to the area and would
consider buying a home in this area and this would maintain property values if not cause property values to
be enhanced by more basic beautification. He has read the SPLOST fund allocation plan with some of the
other plans for the City of Stockbridge and just wants to express a sense of concern that we do what we can
to maintain our roadsides and curbs and put more greenery into it to make it more appealing to the residents
and other people who may be considering this area for purchasing a new home and investing money.

Also, he had a chance to speak with the County Commissioners last week regarding road expansion and
road improvement, primarily Highway 138 and Speer Road, Walt Stephens Road and Speer Road, Walt
Stephens Road and Red Oak Road and they mentioned to him that they have plans to improve the roads to
insure there is enough road for the amount traffic that is coming into these areas because of the development.
He just wants to bring this to the attention of the City Council. There may be a need for additional expansion
of roads within the City itself to accommodate the growth. They are concerned with maintaining the values
of their properties and increasing their values and want to make sure they have the roads to accommodate
the growth. He wants to make sure the area is kept beautiful with grass on the sides of the roads and cut
and more greenery put on the sides of the road to make it more appealing.

Mayor Kelley responded that the Council takes pride in the City of Stockbridge as one of the cleanest cities
around Atlanta and the City spends a lot of money keeping the roadsides clean. The City does not wait until
once a year like the County does to have a cleanup program. The City has crews picking up trash on the
sides of the roads continuously. A few years ago, the City spent a lot of money trying to put flowers on the
sides of the road and we ended up in a draught just like we are in now. That was $20,000 out the window
for flowers. The City certain takes Mr.Binion’s concerns seriously because the Council lives here too and we
would like to see this happen too and the Council is working toward these goals.

Andy Welch asked if Mr. Binion is familiar with the streetscape grants that the City has been awarded. Ted
Strickland responded that he discussed it with Mr. Binion for about an hour several days ago. Mayor Kelley
said the Council is always working on trying to get grants. The more people who are concerned, maybe they
want throw trash on the road. Thanks for bringing your concerns before the Council.

ITEMS DISCUSSED THAT WERE NOT ON THE AGENDA.

Councilman Fred Evans brought to the Council’s attention that vehicles are being parked/stored on City
rights-of-way under the bridge on Ward Street and it has become a used car lot and it’s nothing but junk
vehicles. Ted Strickland said it has been a constant battle to keep cleaned up. Mayor Kelley asked too
whom do the vehicles belong. Ted Strickland responded that he does not know. Mayor Kelley told Ted
Strickland if the vehicles are parked on city property have them pulled-in. Ted Strickland said he has to stay
on them to keep it cleaned-up and it’s not a good place for a garage under the bridge. This has been a real
problem. The business is B&A Auto Repairs, Bernard Ash, Owner, 202 Ward Street.

Councilman Fred Evans asked Ted Strickland for an update on the new water tank. TedStrickland responded
that the property has been purchased. Bill White with Stephens and Palmer Engineering is working on getting
the plans to put out of bids and permits.

Councilman Fred Evans stated that he has noticed that some businesses must have out grown their spaces
because he has noticed they are putting storage containers out in the middle of their parking lots. This is
against city code and if businesses have grown too large for their buildings they should relocate somewhere
in a larger space. Mayor Kelley asked if we have issued them any permits and the Clerk responded “no”.

Councilman Fred Evans said “thank you” to whoever is responsible for getting the water fountain in working
order again. It was pointed out that some of the working parts were broken and the repairman had to wait
until he could locate the parts before he could make the repairs. TedStrickland suggested the City try to
locate another person to work on the fountain because the current person is all over the south east making
repairs and it’s difficult to get him to Stockbridge.

Councilman W. A. Gardner advised the Council that he noticed Mayo Auto Clinic at the corner of North Henry
Boulevard and East Atlanta Road again has vehicles for sale and junk vehicles stored on his lot. He was not
to suppose to have no more than 6 vehicles at a time for sale at one time on his property. Ted Strickland
advised that it is hard to determine which vehicles are for sale and which vehicles are there for repairs.
Council instructed Ted Strickland to check into this matter to see if Mr. Mayor is in violation of the resolution
adopted by the Council at the December, 2003 Council Meeting.

Councilman Fletcher Turner mentioned that vehicles are exiting WalMart on to North Henry Boulevard rather
than using the traffic light at the intersection. It is a very dangerous place and the Council should consider
having no left turns at this location. Ted Strickland said a traffic light was allocated under the previous
SPLOST as soon as the new administration took office they took the money and went else where with it. The
design work is 99% complete to install the traffic light. There are no current plans for Henry County to perform
any work and there is a copy of this information in each member’s folder.

Mayor Kelley recommended the Council authorize Ted Strickland to install a “right turn only” sign at the
WalMart exit between Wachovia Bank and Payless Shoes. Andy Welch advised that on the State right-of-
way the City has to make sure the sign would meet all the state requirements regarding height and location.
The City would probably have to get State DOT permission to install the sign. Ted Strickland suggested the
City also install a “right turn only” sign at the exit coming from the Stockbridge Elementary School. The
crossing guard backs traffic for a mile on North Henry Boulevard for one car at a time leaving the school.

Councilman Steve Moon advised the Council that the Baptist Church has been having trouble with juveniles
on skateboards. Councilman Moon discussed this problem with Captain McNale last week. Captain McNale
said he will instruct his officers to stop the skateboarders if they are doing any type of damage to property
and any type of vandalism.

Ted Strickland told the Council that the City is having a problem with the cherry trees on Northbridge Drive.
The trees have grown out in the street and only one vehicle at a time can get through between the trees. If
the City trims the trees so vehicles and trucks can get through there, he is sure the residents will complain
and he would like some direction as to how the Council would like this matter handled. If you go up through
that street you can see in some places the middle of the street is the only place to go. Mr. Strickland said
the trees will be routed out so the traffic can get through. Mr. Strickland said if that means cutting off the
limbs on the street side that’s what we will have to do.

Mayor Kelley said to send the homeowners a letter advising that the City will be on their street trimming the
trees because they are blocking traffic. The City is receiving complains from drivers who are unable to meet
oncoming traffic on this street.

Mayor Kelley introduced Herman Talmadge, III who will be running for Henry County Commission Chairman
this fall.
Harold Cochran made a motion to adjourn; Fred Evans seconded, and passed unanimously. The meeting
adjourned at 7:50 P. M.

Respectfully submitted,

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