---
date: 2001-09-10
title: September 10, 2001 Minutes
source: 2001-09/2001-09-10_September 10, 2001_Minutes.pdf
pages: 1
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September 10, 2001
CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA SEPTEMBER 10, 2001

The Regular Meeting of the Stockbridge City Council was held September 10, 2001 at 6:00 P. M. Mayor
R. G. Kelley presided and members present were Harold Cochran, Fred Evans, Fletcher Turner, and
Ronnie Simmons. W. A. Gardner was absent.

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

Harold Cochran made a motion to approve the minutes of August 13, 2001 and August 14, 2001
Stockbridge City Council Meetings; Fred Evans passed, and motion passed.

Mayor Kelley welcomed guests. Special attention was given to the USSSA “AAA” Georgia Thunder Baseball
Team, a group of 11 year olds, for winning the World Series. Ted Strickland, City Manager, read and
presented the team with a Proclamation signed by Mayor Kelley and City Clerk.

PLANNING AND ZONING

PENNACLE COMMERCIAL DEVELOPMENT, INC. of Stockbridge, Georgia requested rezoning from C-1
(Neighborhood Commercial) to C-2 (General Commercial) for property located in Land Lot 42 of the 12th
District, located on Highway 138 and the west side of Spivey Road. The property contains 11.87+/- acres
and the request is for commercial retail neighborhood development.

Fredrick Gardiner, Planner with Henry County Planning and Zoning advised the Council that the Planning
and Zoning Commission recommended approval with the following conditions:

1. All buildings shall be constructed of brick, stone, stucco, glass or any combination
thereof. Planning and Development shall approve the exterior appearance of all
proposed buildings prior to the issuance of a building permit.

2. Primary (point of business) signage shall be limited to Highway 138; all signs shall have
consistent character and design details that reflect the architectural design of the project.

3. An exterior lighting plan shall be respective to its surrounding residential neighborhood,
which will not impose excessive lighting on residents. The plan shall require that all lighting
be of moderate brightness and consist of downcast lighting.
4. Any dumpsters shall be constructed with a three sided masonry wall being consistent with
the façade of the building.

5. There shall be a forth-foot (40”) undisturbed of planted buffer installed along all property
lines abutting residential uses.

6. Developer shall install acceleration and deceleration lanes in accordance with Georgia
Department of Transportation standards and review.

Ronnie Simmons made a motion to approve rezoning from C-1 to C-2 with the six conditions;
Fletcher Turner seconded and motion passed.

ANNEXATIONS

R & B CONSTRUCTION, INC of Jonesboro, Georgia requested rezoning from RA (residential/agricultural)
within unincorporated Henry County to RA (residential/agricultural) within the City of Stockbridge. The
property is located in Land Lots 42 and 55 of the 12th District on the southeast corner of intersection of
Highway 138 West and Speer Road. Property contains 13.32 acres and the request is for annexation into
the City of Stockbridge.

Ronnie Simmons made a motion to approve the initial zoning from RA (Residential Agricultural)
unincorporated Henry County to RA (Residential Agricultural) within the City of Stockbridge; Fred Evans
seconded, and motion carried.

Ronnie Simmons made a motion to approve annexation; Fletcher Turner seconded, and motion carried.

SOUTHERN STATES LAND FUND COMPANY of Atlanta, Georgia requested rezoning from RA
(residential/agricultural) within the unincorporated Henry County to RA (residential/agricultural) within the City
of Stockbridge. The property is located in Land Lot 42 of the 12th District on the southeast corner of
intersection of Highway 138 West and Speer Road. Property contains 1.35 acres and the request is for
annexation into the City of Stockbridge.

Ronnie Simmons made a motion to approve the initial zoning from RA (Residential Agricultural)
unincorporated Henry County to RA (Residential Agricultural) within the City of Stockbridge; Fletcher Turner
seconded, and motion carried.
Fred Evans made a motion to approve annexation; Ronnie Simmons seconded, and motion carried.

DEE W. EPPS, 150 Wexford Court, Stockbridge, Georgia requested rezoning from RM (Single Family
Residential) within the unincorporated Henry County to RM (Single Family Residential) within the City of
Stockbridge. The property is located in Land Lot 15 of the 6th District of the Villages at Eagle’s Landing.
Property is a building lot and the request is for annexation into the City of Stockbridge.

Ronnie Simmons made a motion to approve the initial zoning from RM (Single Family Residential)
unincorporated Henry County to RM (Single Family Residential) within the City of Stockbridge; Fletcher
Turner seconded, and motion carried.

Ronnie Simmons made a motion to approve annexation; Fred Evans seconded, and motion carried.

HENRY D. AND DOUGLAS M. LASTER, 121 Prestwick Way, South, Stockbridge, Georgia requested
rezoning from RM (Single Family Residential) within the unincorporated Henry County to RM (Single Family
Residential) within the City of Stockbridge. The property is located in Land Lot 15 of the 6th District of the
Villages at Eagle’s Landing. Property is a building lot and the request if for annexation into the City of
Stockbridge.

Fred Evans made a motion to approve the initial zoning from RM (Single Family Residential) unincorporated
Henry County to RM (Single Family Residential) within the City of Stockbridge; Fletcher Turner seconded,
and motion carried.

Fred Evans made a motion to approve annexation; Ronnie Simmons seconded, and motion carried.

SUE M. AND JAMES F. FOLEY, 123 PRESTWICK WAY SOUTH of Stockbridge, Georgia requested
rezoning from RM (Single Family Residential) within the unincorporated Henry County to RM (Single Family
Residential) within the City of Stockbridge. The property is located in Land Lot 15 of the 6th District of the
Villages at Eagle’s Landing. Property is a building lot and the request is for annexation into the City of
Stockbridge.
Fred Evans made a motion to approve the initial zoning from RM (Single Family Residential) within the
unincorporated Henry County to RM (Single Family Residential) within the City of Stockbridge; seconded by
Fletcher Turner, and motion carried.

Fred Evans made a motion to approve annexation; seconded by Fletcher Turner, and motion carried.

OLD BUSINESS

ERNEST FRIMPONG, 526 HALLEY WAY, SUMMER HILL SUBDIVISION – Requested a home occupation
license to provide 24-hour private home care to 2 or 3 individuals with disability.

Fred Evans made a motion to deny; Fletcher Turner seconded, and motion carried.

NEW BUSINESS

WATER AND SEWER AGREEMENT BETWEEN THE CITY OF STOCKBRIDGE AND HENRY COUNTY
WATER AUTHORITY - A. J. Welch advised the Council that the Authority had asked that the County Police
and Code Enforcement the agencies that enforce the water and sewer ordinance for the county be allowed
to bring the actions that occur inside the City to the City Court. An amendment to the agreement between
the City of Stockbridge and the Henry County Water and Sewerage Authority has been prepared to allow the
ordinances to be enforced in the City Court. This will clarify the jurisdiction by adopting the amendment.

Ronnie Simmons made a motion to approve the amendment, Fred Evans seconded, motion carried.

ITALIAN OVEN RESTAURANT, JAMES DUNN, OWNER/APPLICANT, 938 EAGLE’S LANDING
PARKWAY – Requested alcohol license for a new business. Has completed the application process and
has met the City’s requirements for an alcohol license.

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

HOMECOMING PARADE – Mark Jones, Faculty Advisor, requested permission to hold the annual
homecoming parade on September 20, 2001 at 6:30 P.M. The parade will follow the same route as last year.
Police Department has been scheduled to escort the parade.
Fred Evans made a motion to approve the homecoming parade, Ronnie Simmons seconded, and motion
carried.

S.T.O.P. DRUG EDUCATION PROGRAM, HENRY COUNTY BUREAU OF POLICE SERVICES –
Requested funds in the amount of $2,390 for 5th and 3rd grades at Smith Barnes Elementary.

Ronnie Simmons made a motion to appropriate $2,390 as requested; Fred Evans seconded, and motion
carried.

RAYMOND WHEELER, 190 MISTY RIDGE TRAIL – Requested variance for detached out building. They
constructed a small workshop/storage building two years ago without a county permit. Good neighbors
turned bad and want them to remove the building. Mr. Wheeler wants the City to grant a variance so they
can keep the building.

Mr. Welch said if they are asking for a variance in zoning or in the subdivision restrictive covenants? If they
are asking for a zoning variance, Mr. Wheeler will have to make application with the County, a notice will
have to be published in the newspaper and a notice will have to be posted on the property and the Council
will conduct a public hearing. If asking for a variance based upon a subdivision restriction, the Council has
no jurisdiction.

Ronnie Simmons made a motion to table; Fred seconded, and motion carried.

FARID N. IBRAHIM, 737 EVERGREEN WAY – Requested home occupation license to give tennis
instructions. Mr. Ibrahim resides in an apartment complex with a tennis court but he will give lessons at his
client’s residence. A. J. Welch pointed out that he could and give lessons in at a client’s private home. He
is not be authorized to use public tennis courts. If the Council issues a license, it should be with restrictions
authorized by the zoning regulations, approved by the property owner and not a public place.

Ronnie Simmons made a motion to approve license with above stated conditions; Fred Evans seconded,
and motion carried.

KELLY THOMAS – Requested a permit to set-up to in the parking lot in front of Price Cutters (old Ingles
building) to repair windshields. Mr. Thomas is not requesting a business license; he is licensed with Henry
County.
Mayor Kelley advised Mr. Thomas that the City couldn’t give him a permit to setup on someone else’s
property. Mr. Thomas said he has permission to setup on the property as long as he is licensed. He reported
that Ted Strickland told him, he could not setup within the City without a City license to do this type of roadside
vending.

Councilman Simmons noted that the City has restrictions against roadside vending. A. J. Welch advised that
roadside vending is prohibitive against the City’s existing statutes. Current regulations require that a business
be in a permanent place of business. Bruce Vail pointed out that there is a business license provision in the
code for transients sellers, peddlers and solicitors but his specific request may not fit under that code.

Mr. Thomas told Council that he repairs small cracks and stars in glass, just minor repairs. The cost ranges
anywhere between $20.00 and $50.00 a repair. Most people are not aware that this type of business is
available and he is making it available to them.

Mayor Kelley said that to be in business in the City you must have a permanent structure. The City would
require a letter from the owner to even consider issuing a license. Councilman Simmons stated further that
if the Council granted him a license then they would have to grant licenses to all the other roadside vendors
wanting a license.

Ronnie Simmons made a motion to deny request for a roadside vendor’s license; Fletcher Turner seconded,
and motion carried.

GMA TELECOMMUNICATIONS MANAGEMENT SERVICES AGREEMENT – Bruce Vail recommended
that the City consider engaging GMA for this service. GMA will provide information concerning legal
development and federal regulations governing telecommunications. The cost is $3,000 annually.

Mayor Kelley pointed that GMA has the expertise in telecommunication management because they help all
of the cities in the state. A. J. Welch told Council that it’s the cheapest way to go.

Ronnie Simmons made a motion to approve the agreement with GMA and to authorize the Mayor and Clerk
to sign the agreement on behalf of the City; Fred Evans seconded, and motion carried.
PLANNING AND STRATEGIC SERVICES, KAY PIPPEN – In conjunction with the Chamber of Commerce
the request is for the City to participate in a study on growth in Henry County and to approve the “Agreement
for Provision of Planning and Strategic Services” on behalf of the City.

Ronnie Simmons made a motion to approve the agreement and to authorize the Mayor and Clerk to sign
agreement on behalf of the City, Fletcher Turner seconded, and motion carried.

KIMBERLY GARDNER, 185 TALON PLACE – Requested a home occupation license to operate A-1 Models
and Escorts Service. Ms. Gardner was not present.

Ronnie Simmons made a motion to deny; Fred Evans seconded, and motion carried.

COMMUNITY CENTER

CHANGE ORDER # 19

Fire Protection $3,595.09

Fred Evans made a motion to approve Change Order #19; Fletcher Turner seconded, and motion carried.

CHANGE ORDER # 20

Dimming circuit, duplex receptacles with branch $3,816.00
circuit wiring and additional tele/data stub-ups.

Fred Evans made a motion to approve Change Order #20; Fletcher Turner seconded, and motion carried.

ORDINANCES

AMEND ELECTION ORDINANCE – § 2.08.020 – To update ordinance to allow City to hold municipal
elections.
Ronnie Simmons made a motion to adopt the amendment to the Election Code Ordinance; Fletcher Turner
seconded, and motion carried.

AMEND OCCUPATION TAX ORDINANCE – § 9.04.050 (C) (D) – Amend the code to require professionals
to pay full flat rate if they choose, but they are not entitled to proration of the occupation tax as otherwise
permitted under the code.

Ronnie Simmons made a motion to adopt the amendment to the Occupation Tax Ordinance; Fred Evans
seconded, and motion carried.

AMEND ALCOHOLIC BEVERAGE ORDINANCE - § 9.04.550(B) – This amendment is to clarify that you
must be at least 16 to sell alcoholic beverages in supermarkets, convenience stores or drugstores. No
individual regardless of age may sell to any person less than 21 years of age.

Fred Evans made a motion to approve amendment to the Alcoholic Beverage Ordinance; Fletcher Turner
seconded, and motion carried.

AMEND PEDDLER, SOLICITORS AND TRANSIENT SELLERS - § 9.12.050 – This amendment is to clarify
the filing fee of $210.00 for getting a renewal license; also to make sure that people who are setting up tables
to sell produce have a requirement of breaking them down and cleaning up the site at the end of each day.

Fred Evans made a motion to approve amendment to the Peddler, Solicitors and Transient Sellers Ordinance;
Harold Cochran seconded, and motion carried.

AMEND FLEA MARKET ORDINANCE - § 9.24.200 – This amendment clarifies that there will be no displays
of merchandise permitted on or around the outside of the structure, which houses the flea market except
where permitted elsewhere in the code which is designed to permit displays of merchandise relating to things
that are outdoor related.

Fred Evans made a motion to approve the amendment to the Flea Market Ordinance; Harold Cochran
seconded, and motion carried.
AMEND MASSAGE ESTABLISHMENT ORDIN ANCE - § 9.40.030. This amendment is to establish
regulations for massage establishments based on recommendations from code enforcement. These
regulations go into more detail with regard to the types of disinfectants, fresh linens, storage of linens,
adequate facilities, etc.

Fred Evans made a motion to approve the amendment to the Message Establishment Ordinance, Harold
Cochran seconded, and motion carried.

AMEND TRAFFIC REGULATION ORDINANCE - § 10.08.085 – This amendment addresses the problem of
motorist cutting across parking lots of shopping centers to avoid traffic signals. There are not many people
parking in the lots and motorists are cutting cattycorner to get head of the light. After researching this
problem, this ordinance is designed to prevent this problem from taking place. It does not prevent someone
coming in to shop and existing another exit or being lost and stopping to get directions. It will allow the police
to issue a citation if you are cutting straight across.

Councilman Simmons pointed out that the owners of the shopping center have done some things to try to
eliminate the problem but it still continues. Ted Strickland reported that the two stop signs the City installed
off Old Atlanta Road has helped a lot because it causes motorists to stop.

Fred Evans made a motion to approved amendment to the Traffic Regulation Ordinance; Fletcher Turner
seconded, and motion carried.

AMEND PARKING ORDINANCE - § 10-12-110 – This amendment will prohibit the parking of commercial
vehicles on commercial property unless making a delivery. Recognizing there is a lot of legitimate parking
that goes on connected with regular business activity, this ordinance is tailored to make sure that you cannot
have complete overnight parking in one of those types of lots in the business district as defined in the
amendment unless you are connected with the activity ongoing on that particular premises.

Councilman Simmons questioned commercial vehicles parking at the entrance of apartment complexes? Mr.
Vail replied that this particular amendment deals with commercial areas. Mayor Kelley noted that the City
currently has in force an ordinance to prohibit the parking of commercial vehicles in residential areas.

Ronnie Simmons made a motion to approve the amendment to the Parking Ordinance; Fletcher Turner
seconded, and motion carried.
AGENDA AMENDMENT

A. J. Welch requested the Council amend the agenda to include discussion of the Soil, Sedimentation and
Erosion Ordinance.

Ronnie Simmons made a motion to amend the agenda to include the discussion of the Soil, Sedimentation
and Erosion Ordinance; Fred Evans seconded, and motion carried.

SOIL, SEDIMENTATION AND EROSION ORDINANCE – The City has been requested by Environmental
Protection Division to amend the Soil, Sedimentation and Erosion Ordinance to add a paragraph concerning
penalties. Henry County has put in a specific language in their ordinance that was requested by EPD. The
City will be using similar language and he recommends the Council approve this amendment because the
deadline is October 1 and the next Council Meeting is scheduled October 9.

Ronnie Simmons made a motion to approve the amendment to the Soil, Sedimentation and Erosion
Ordinance; Fletcher Turner seconded, and motion carried.

ERNEST FRIMPONG, 526 HALLEY WAY, SUMMER HILL SUBDIVISION was late in arriving and Mayor
Kelley asked Bruce Vail to give him information regarding the denial for him to operate a 24-hour private
home care business.

Mr. Vail advised that he was asked at the last meeting to review his application and review the zoning
ordinance and also review the subdivision restrictive covenants. The Henry County Zoning Ordinance, which
was adopted and supplemented by the City, permits operating a nursing, rest home or place where you care
for adults in certain zoning classifications, particularly OI. It does not permit it in a single-family residential
district or in RM single-family district, the zoning classification in question.

Because it can be done in other classifications, the property would have to be rezoned or the whole ordinance
would have to be amended to permit that usage. The law does not permit the City to grant a business license
for an activity that is illegal according to the zoning ordinance. Therefore, the City denied request.

NAN LEE, DIRECTOR, HENRY COUNTY CHAMBER OF COMMERCE. Mayor Kelley recognized Ms. Lee.

Mrs. Lee distributed a copy of the Chamber Quality of Life Magazine to members of the Council and thanked
them for the beautiful spread to advertise the City of Stockbridge. She congratulated the City for having
46.43 percent of the new membership growth for the Chamber for this year.
WASTEWATER DIGESTER. Ted Strickland gave an update on the new digester. Stantec received the
submittal of the drawings for the new digester on September 20, reviewed and resubmitted to the vendor on
October 20. The vendor will provide the City with final drawing on November 10. Vendor will deliver the
manufactured digester on March 15, 2002 and the digester installation will be complete some time around
April 15, 2002.

P. F. MOON COMPANY – WELLS. Two new larger pumps have been installed. One is pumping about 265
gallons per minute and the other pumps about 5 gallons per minute less than the smaller pump was pumping
and they are working on the new pump to get maximum flow. Both pumps together are pumping about
400,000 gallons per day.

COMMUNITY CENTER – Mayor Kelley reported that November 6, 2001 is the estimated completion date.
Ted Strickland reported that the old Community Building has been removed and the concrete slab is being
removed today.

Harold Cochran made a motion to adjourn, Fred Evans seconded, and motion carried. Meeting adjourned
at 7:30 P. M.

Respectfully submitted,

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