---
date: 1986-11-10
title: November 10, 1986 Minutes
source: 1986-11/1986-11-10_November 10, 1986_Minutes.pdf
pages: 1
---

November 10, 1986

CITY OF STOCKBRIDGE
HENRY COUNTY, GEORGIA NOVEMBER 10, 1986

The regular meeting of the City Council was held November 10, 1986 at 7:00 p.m. with Mayor Kelley presiding
and members present were Harold Cochran, John Dabney, G. W. Evans, Ross McMichael and Ronnie
Simmons.

Minutes of previous meeting were approved.

Mayor Kelley presented the 1986 budget for the Council's review. Final budget to be adopted at December
meeting.

Gerald Kopp, Koppar Corporation, requested plat approval for Phase II of Appleton subdivision. Henry
County Planning Board approved Mr. Kopp's plat at their last meeting. Phase II would contain approximately
60 building lots with duplexes and quadruplexes. Motion was made by Ronnie Simmons to approve Phase
II, seconded by John Dabney, motion carried.

Mayor Kelley presented an amendment to the Henry County Zoning Ordinance to allow the City Council to
make final disposition on all requests for variances within the City of Stockbridge. Under the present zoning
ordinance, the City Council has limited power regarding variances. Steve Harrison, attorney, representing
Ed Whiddon and Herman Maness in the request for a variance by Richard McGuire to be heard later in this
meeting, stated that his clients are opposed to this amendment of the Henry County Zoning Ordinance. Mr.
Whiddon informed the Council that the City Council should not amend the Henry County Zoning Ordinance
in this manner, as it would defeat the purpose of the county and cities having a uniform ordinance. A. J.
Welch, City Attorney, advised that the Mayor and City Council do not plan to approve all requests for a
variance but like to have the opportunity to review all requests for variances and have the right to make final
disposition of request for variances within the City. Motion was made by Ross McMichael to approve the
variance amendment, seconded by Ronnie Simmons, motion carried by a three to one vote. John Dabney
abstained.

Jessie L. Duffey, Speer Road, made application to annex 25.82 acres. Motion was made by Harold Cochran
to approve annexation, seconded by John Dabney, motion carried.

Mayor Kelley informed Council that the City of Stockbridge has been notified that the U. S. Environmental
Protection Agency is claiming a refund of $5,073 of grant funds that were obtained in 1973 through 1976.
The grant funds were obtained and used for the improvement of the sewer facilities of the City. The City has
been unable to substantiate our claim that John J. Hart did not keep proper records to verify change orders.
A. J. Welch advised Council that, in his opinion, the City would not be successful in litigating this matter any
further. Motion was made by Ross McMichael to reimburse EPA, seconded by Harold Cochran, motion
carried.

Cyd Powell requested a Conditional Use Permit to move in a house on Rosenwald Circle. It was noted that
Henry County Planning and Zoning Board approved this request October 16, 1986 and they will require Mrs.
Powell to meet code regulations. Motion was made by Ronnie Simmons to approve conditional use permit,
seconded by John Dabney, motion carried.

Motion was made by Harold Cochran to adopt an ordinance to regulate the parking of commercial vehicles
in residential areas, seconded by Ross McMichael, motion carried.

Motion was made by Ronnie Simmons to authorize the Mayor and City Clerk to sign forms approving a
change in name for their cable TV company from Masada Corporation, Inc. to Masada Communications,
LTD., seconded by Ross McMichael, motion carried.
MINUTES
11/10/1986
PAGE 2

Steve Harrison stated that he wanted it recorded in the minutes that his client, Ed Whiddon, plans to challenge
the constitutionality of the newly adopted variance amendment to the Henry County Planning and Zoning
Ordinance. He stated that Mr. McGuire's building permit was issued under the old ordinance and they must
reapply under the new ordinance.

Richard McGuire requested a variance to build a house on property he has purchased on Old Conyers Road.
Mr. McGuire spoke to the Council giving them a sequence of events that have transpired with the purchase
of this property. His father, Charles McGuire, purchased a house on 3.45 acres with an additional 2 acres.
All parties were aware that he planned to purchase the 2 acres from his father, Charles McGuire, to construct
a home. He took his deed to Henry County Inspection Department and was issued a building permit. After
he began construction, Henry County notified him to stop construction that they issued a building permit in
error. He was informed that his property was landlocked and the easement was for his father's 3.45 acres
and only one house and lot may be served by a 30-foot easement and therefore, he could not build on this
lot. Richard McGuire stated that he would not have purchased this lot if he had been informed that he would
not be allowed to build on it and it will be a hardship on his family if the Council refuses his request for a
variance because he has already ordered building materials, cabinets, etc. Ed Whiddon advised Council that
he and his father-in-law, Herman O. Maness are opposed to the City approving this variance because when
Herman Maness sold the property to his son, Michael Maness, the easement was for the 3.45 acres and a
house. The easement was not to serve the 2 acres. Mayor Kelley advised that the City has the right to
approve the variance but he recommended the City Council delay a decision until the easement has been
settled between the parties involved. Motion was made by Harold Cochran to table variance until easement
is settled, seconded by Ronnie Simmons, motion carried.

A. J. Welch recommended the City Council accept ownership of Walter Way by quitclaim deed pending
receipt of performance bond. This is not the usual procedure but bank regulations require their entrance be
on a City dedicated street, therefore, Commercial Bank and Trust has requested the City accept ownership
of Walter Way. Motion was made by Harold Cochran to accept Walter Way as a City Street, seconded by
Ronnie Simmons.

John Carter, 5047 North Henry Boulevard, requested a rear property line variance from 20 feet to 10 feet to
rebuild a 20,000 square foot convenient store. Roy Collins, the owner of adjacent property, is opposed to
the variance because it would interfere with his plans to construct on the side property line. Mr. Collins also
complained that the grading being done by Mr. Carter has raised the elevation on one end of his property
and he is concerned about the drainage. Russ Sutton, engineer for Mr. Carter, said the grading and drainage
has been properly engineered and will be no problem to Mr. Collins. Ronnie Simmons stated that there
seems to be some problems between the two owners that should be settled and not brought before the
Council. Motion to deny variance was made by Harold Cochran, seconded by Ross McMichael. Ronnie
Simmons and John Dabney abstained, therefore Mayor Kelley voted to deny the request for a variance.

MINUTES
11/10/1986
PAGE 3

Ruby Spangler was present with her builder to discuss the Day Care Center she plans to build at 131 East
Atlanta Road. As brought out at the last City Council meeting, Bill Goodwin, 129 East Atlanta Road, would
like for the playground to be moved to the opposite side from him. Ronnie Simmons volunteered to meet
and offer his assistance to both parties to reach a solution in this matter. Mrs. Spangler did not have the
final plans for her Day Care Center. Motion was made by Harold Cochran to table until plans can be
reviewed by the Council and other problems solved, seconded by John Dabney, motion carried.

Mr. J. G. Lowry, 139 East Atlanta Road, complained about the junk being stored on the property of Mac Irvin,
G. & M. Distribution, 134 East Atlanta Road. It was noted that Mr. Irvin has been told he could not display or
store his goods outside. Council advised City Clerk to write Mr. Irvin to clean his property and conform to
zoning ordinance.

Mayor Kelley informed Council that Georgia Municipal Association is working on legislature for Uniform
Election regulations for all municipalities. Additional information regarding this matter will be forthcoming.
Eddie Buckholts, Fire Chief, thanked the Council for letting the volunteers use the Fire Station for their
Halloween Carnival. Chief Buckholts advised Council that they would like permission for Santa to ride the
fire engine in the Christmas parade and give candy to children at the Fire Station after the parade. Harold
Cochran made motion to approve, seconded by Ronnie Simmons, motion carried.

Chief Buckholts requested 4 sets of bunker gear at approximately $400 per set. Harold Cochran made
motion to purchase bunker gear, seconded by Ronnie Simmons, motion carried.

Harold Cochran advised that the Fire Committee has an interview scheduled with Michael Grant for the
position of firefighter. The committee recommended a starting salary of $13,911 plus $500 if they have
completed training as a certified Emergency Medical Technician. Motion was made by Harold Cochran to
approve starting salary as recommended by the Fire Committee, seconded by Ronnie Simmons, motion
carried.

The Christmas Parade is scheduled for Friday, December 5 at 8:00 p.m. Motion was made by Ronnie
Simmons to approve parade subject to Parade Committee approval of the parade route, seconded by Harold
Cochran, motion carried.

Motion was made by Ronnie Simmons to approve sign variance to allow Taylor Chevron, 5619 North Henry
Boulevard, to erect a second sign at this location, seconded by John Dabney, motion carried.

Ronnie Simmons advised Council that the Lion Club would like to make a contribution to the City Park.
Someone from the Lion Club will contact later.

Harold Cochran questioned who owns the concrete markers at the old City limits. W. A. Garner advised him
to contact the Garden Club.

Meeting adjourned 9:50 p.m.

Respectfully submitted,

Merle Manders R. G. Kelley
City Clerk Mayor
