---
date: 2004-12-13
title: December 13, 2004 Minutes
source: 2004-12/2004-12-13_December 13, 2004_Minutes.pdf
pages: 1
---

December 13, 2004
STOCKBRIDGE CITY COUNCIL MINUTES
HENRY COUNTY, GEORGIA DECEMBER 13, 2004

The Regular Meeting of the City of Stockbridge City Council Meeting was held on December 13, 2004. Mayor
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.

Fletcher Turner gave the invocation.

Mayor Kelley asked for a motion to approve the minutes of the November 8, 2004 Council Meeting. A. J.
Welch asked if that was the zoning hearing meeting on November 8th or was that on November 21st. Mayor
Kelley responded that November 8th was the zoning hearing meeting. Mr. Welch asked that the Council
table approval of those minutes until he has time to review the minutes and the zoning ordinance to make
sure they coincide and they can be approved at the next meeting. He will get it done next week to make sure
the Clerk got everything.

Harold Cochran made a motion to table the November 8, 2004 Minutes; Fred Evans seconded, and passed
unanimously.

Harold Cochran made a motion to approve the minutes of the November 21, 2004 Special Meeting; seconded
by Fred Evans, and passed unanimously.

Mayor Kelley welcomed guests.

BUDGET HEARING TO HEAR COMMENTS FROM CITIZENS AND ADOPT 2005 PROPOSED BUDGET.
Mayor Kelley asked if anyone present had any comments regarding the 2005 Proposed Budget. The Council
has been reviewing the budget for a few months. The Proposed Budget is $12,629,504.00. This is a one
percent (1%) reduction from the 2004 budget. This sound awful high but the City did not include the grants
and everything that comes from the State and Federal grants. The law now requires the City show it in their
budget and it makes the budget a lot higher than we are actually spending money.

Fred Evans made a motion to approve the 2005 Proposed Budget; Harold Cochran seconded, and passed
unanimously.

PLANNING AND ZONING

ANNEXATION – JAMES AND LAURA CLARK, 732 Brannan Road, 5.35 acres located in LL 29 of the 7th
District.

Harold Cochran made a motion to approve the Clark request for annexation; Fred Evans seconded, and
passed unanimously.

REZONING – ARTHUR P BARRY, JR., APPLICANT, 101 AND 103 SHEPHERD DRIVE requested rezoning
from R-3 (Residential) to C-2 (General Commercial). The property is located on the northwest corner of
Shepherd Drive in land Lot 59 of the 12th District and will be used for an office building.

Sherri Mathews with the Henry County Planning and Zoning Office advised the Council that the Planning
Commission approved the request on July 22, 2004 with five (5) conditions and it came before the City
Council on September 13, 2004 and postponed for ninety (90) days and they are sending it back before the
Council at this meeting.

1. All buildings shall be constructed of brick, stone, stucco, glass or any combination
thereof.

2. All signage, not attached to a building, shall be monument-based and shall have
consistent character and design details that reflect the architectural design details
that reflect the architectural design of the project.

3. An exterior lighting plan shall require all lighting to be of moderate brightness and
downcast.
4. Dumpster(s) shall be gated and enclosed with a three-sided masonry wall being
consistent with the façade of the building.

5. The Department of Development Plan Review staff shall approve the design of all
proposed landscape plans prior to the issuance of a building permit.

James Butcher representing the owner of the property informed the Council that the owners of the property
have asked that this request be tabled for an additional six (6) months. Sherri Mathews advised Mr. Butcher
and the Council that if the applicant postpones the request, there will be a $200.00 table fee.

Harold Cochran made a motion to table the request for six (6) months; Fred Evans seconded, and passed
unanimously.

BRUSH CREEK COMMONS – Amending the Development Agreement. A. J. Welch met with the owners of
the property and they have agreed to a maximum number of units of forty-one (41) which is a reduction of
eight (8) of the previously approved. Now they have agreed to the amenity package that the Council reviewed
at the November meeting and have withdrawn their request to build houses on Shields Road. The Council
approved the previous zoning with a two hundred (200’) foot undisturbed buffer along Shields Road. This
has all been reduced to writing but there is one typographical error on one of the pages that will be corrected.
He recommends the Council approve tonight so they can go ahead with their permitting process. Everything
they represented to the Council at the November meeting turned out to be correct and he has no problem
recommending it to the Council.

Fred Evans made a motion to approve amendment to the Development Agreement recommended by
A.J.Welch; W. A. Gardner seconded, and passed unanimously.

RESOLUTION TO DESIGNATE AN URBAN REDEVELOPMENT AREA. A. J. Welch stated that he had
presented to the Council at the November meeting a resolution to designate the urban redevelopment area
and recommend that the Council adopt and designate that particular area of urban redevelopment which is
basically on the north side of Highway 42, North Henry Boulevard and divided by East Atlanta Road and
extend just past Love Street intersection with East Atlanta Road. If the Council approves this resolution
tonight, the Sizemore Group has prepared a report that has been filed with the Clerk and ask that the Council
accept the report tonight; the law requires the City to have a Public Hearing concerning the document but it
will have to be taken up at the January, 2005 meeting. The report has been presented to bond council and
city attorney’s office and they both have received corrections and additions to it to bring it in compliance with
the statute. Mr. Welch recommends the Council approve the resolution designating the urban redevelopment
area.

Fred Evans made a motion to approve the resolution to designate an urban redevelopment area;
FletcherTurner seconded; and passed unanimously.

Mr. Welch asked that the Council adopt a resolution placing on file with the Clerk the study report that has
been made by the Sizemore Group concerning urban development. It will be advertised in the paper for the
next three weeks and be heard at the January 2005 meeting. The public will be allowed to view the report.

Fred Evans made a motion to approve the resolution placing the Sizemore Group Report on file for public
viewing; W. A. Gardner, passed unanimously.

NEW BUSINESS

ORDINANCE – TO SCHEDULE REGULAR COUNCIL MEETINGS and publish in newspaper. Mayor Kelley
recommended the Council Meetings be held the 2nd Monday of each month at 6:00 P.M.

Harold Cochran made a motion to approve; Fletcher Turner seconded, and passed unanimously.

FIRST BANK OF HENRY COUNTY, 4421 NORTH HENRY BOULEVARD AND LANE DRIVE. Plans for
the bank have been approved by Henry County but they need a letter of approval from the City of Stockbridge
approving the construction drawings.

Gene Vaughn representing the board members of the bank stated that they have a real complicated set of
drawings. An architect is designing the building; his company is designing the flow of traffic, the drainage,
etc. of the property. They have run into a problem with the design of the driveway around the building similar
to City Hall with a drive-in window. They designed the driveway fourteen (14’) feet wide and the Fire Marshall
made them widen them to widen the driveways twenty (20’) feet wide for access. To get the sidewalks and
driveway in it has encroached into the requirement of having a ten (10’) foot landscape strip on both sides.
They have it on the front and back but they have a little extra property that they plan on landscaping. To
meet all the requirements, they will need to encroach into the ten (10’) foot landscape strips. They are asking
for a variance and they could make up for landscaping in other places.
Mayor Kelley advised the Council that he and Ted Strickland looked at the drawings and sees no problem
with this request. If approved by the Council, a letter needs to be sent to Henry County Planning and Zoning
that the request for a variance has been approved.

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

SOUTH HORIZON BANK – RELEASE AND HOLD HARMLESS – To allow bank to begin construction and
not hold the City, County or Water Authority responsible if sewer moratorium is in effect at the completion of
their building. A. J. Welch informed the Council that South Horizon Bank has made an application to build
a building on Eagles Landing and the City requires a Release and Hold Harmless Agreement so they can go
ahead and get their permit to build but they cannot hook on to the sewer until the moratorium is released.
Mr. Welch recommends to the Council that the Mayor be authorized to sign the release that has been
approved by South Horizon Bank legal staff. Mayor Kelley stated that the City has been doing this for
businesses to keep from holding up their construction for a year or more. Mayor Kelley recommended the
Council approve this request.

Fred Evans made a motion to approve the Release and Hold Harmless Agreement and authorize Mayor
Kelley to sign on behalf of the City; Fletcher Turner seconded and passed unanimously.

MIADAD HUSEN, 771-1 HOUSTON MILL ROAD, NE, ATLANTA, GEORIGA requested to operate a rental
store at the Brooklyn Pavilion Shopping Center. Ted Strickland advised that he met with Mr. and Mrs. Husen
and they informed him they have purchased the Brooklyn Pavilion Shopping Center. Mr.Strickland said Mr.
Husen did not mention what he plans to do with the building but just wanted the City to know he is the owner.

Mayor Kelley asked how he got on the agenda. Mr. Husen completed a form requesting to be placed on the
agenda regarding the rental store business. Mayor Kelley recommended this matter be tabled until Mr. Husen
can provide the Council with more information regarding his business plans.

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

OUTFALL SEWER REPLACEMENT LINE – MUNICIPAL CONTRACTING COMPANY, INC. Ted Strickland
advised the Council that this project has been going on for over a year. There seems to be problems with the
company finishing the sewer line that is already months behind schedule. Municipal Contracting Company,
Inc. started drilling under the railroad and the drill went up. They tried again and the same thing happened
so they got permission to use the viaduct under the railway to run the sewer line and starting drilling under
East Atlanta Road and hit rock. They used expensive chemicals to soften the rock and that didn’t work so
they had to blast. The company said it was the hardest rock they have ever gotten into. The company has
had a lot of problems and delays. Stevenson and Palmer Engineering, the City’s engineers on this project
sent them a letter telling them to go ahead and finish this project and give us some dates when they are to
finish it. Bill White faxed a copy of the letter to the City giving the completion date to be sometime in the
middle of January. The Municipal Contracting Company vendors have been complaining that they are not
paying their bills.

Mayor Kelley stated that the City needs to give them a time of completion. A. J. Welch responded that Bill
White needs to tell the Council if Municipal Contracting Company is in default and if they are in default after
computing time extensions for rock, etc. If Bill White gives us that information then the City can notify the
bonding company and require the bonding company to take the project over. We also need to tell the
contractor that he needs to put more people on the job. There are several steps you have to go through.
Ted Strickland advised that Bill White has already given them the deadline for getting the project completed.
Mr. Welch said he will get a copy of the letter, pull the bonds and get with Ted Strickland and Bill White to
push them. Mayor Kelley stated the Council does not need to do anything on this matter tonight.

PARK FEES – At the last Council Meeting the Council discussed charging a fee for the use of park pavilions
to help off-set the labor and material costs for providing this service. Mayor Kelley asked Mr.Strickland if he
has obtained any information from other cities and counties. Mr. Strickland responded that Rockdale County
was the only information he has at this time. For a full day, they lease a pavilion for $70.00 for residents or
$85.00 for outside the county. Mr. Strickland recommends leasing for a full day anything less will cause
accounting problems.

Mayor Kelley advises that the City does not want to make a profit off the fees but only wants to cover the cost
of keeping the parks clean. People have a tendency not to clean up when you don’t require anything out of
them and recommends the City use the same figures as Rockdale County; $70.00 for residents and $85.00
for non-residents. Mr. Strickland stated we have a tremendous amount of people out of surrounding counties.
Mayor Kelley said the Council can look at that and adjust it as we need to down the road. This will give us a
starting point.

Ted Strickland said reservations have been made and asked how these can be handled. Mr. Welch said the
City has the right to set fees at any time. The people that have already booked can be notified that if they
don’t want to pay the fee then they can simply come off the list. Another way is to set the fee and anyone
after a certain date will have to pay the lease fee. Mr. Welch recommends the City start January 1, 2005 and
it will make it easier to keep up with and notify people who have already signed up there will be a fee and if
they don’t want it they can come off the list. Mayor Kelley recommends the January start date.
Harold Cochran made a motion to approve fee charges as of January 1, 2005, $70.00 residents and $85.00
for non-residents; Fletcher Turner seconded, and passed unanimously.

SPLOST BUDGET AMENDMENT - $25,200 payment to be made in December, 2004 for water tank
budgeted for 2005. Funds to be transferred from Sites Account to Water Tank.

Fred Evans made a motion to approve transfer of funds; Harold Cochran seconded and passed unanimously.

SPLOST BUDGET AMENDMENT - $20,000 to be transferred from Sites Account to Outfall Sewer. This was
budgeted in 2003 and paid in 2004.

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

SHELL FOOD MART, SULTAN S. MEREDIA OWNER, 2240 HIGHWAY 42, NORTH, - Mayor Kelley advised
that Mr. Meredia is the new owner and a change in ownership requires Council approval for the alcohol
license. The applicant has completed application and background check and met all requirements of the
alcohol ordinance.

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

DUMP TRUCKS ON INTERIOR STREETS. Fred Evans reminded the Council that several months ago he
mentioned dump trucks on interior streets are damaging residential streets, especially on North Lee Street
coming out of the rock quarry. What they are doing is cutting through to avoid the traffic lights and these
streets are not wide enough for dump trucks.

Ted Strickland responded that dump truck drivers ignore these signs. Mayor Kelley advised Mr. Strickland
to get Mac Nale to have police officers write tickets and that will stop them. First, make sure that “No Through
Trucks” signs are posted so police can write tickets.

WARD STREET PARKING. Councilman W. A. Gardner noticed that junk cars are still being parked on Ward
Street in front of the garage. Ted Strickland has been down there a couple of time but there should be
something that the Council can do to stop them from being parked on city right-of-way.
Mayor Kelley instructed A. J. Welch to write an ordinance to prohibit garages from parking vehicles on City
rights-of-ways.

Harold Cochran made a motion to adjourn; Fred Evans seconded, and passed unanimously. The meeting
adjourned at 6:35 P. M.

Respectfully submitted,

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