---
date: 1993-09-20
title: September 20, 1993 Minutes
source: 1993-09/1993-09-20_September 20, 1993_Minutes.pdf
pages: 1
---

September 20, 1993

CITY OF STOCKBRIDGE
HENRY COUNTY, GEORGIA SEPTEMBER 20, 1993

The regular meeting of the City Council was held September 20, 1993 at 7:00 p.m. with Mayor Kelley
presiding and members present were Harold Cochran, G. W. Evans, F. J. Hunter and Ronnie Simmons. W.
A. Gardner was unable to attend. 1993 Council Meeting, seconded by F. J. Hunter, motion carried.

Motion was made by Ronnie Simmons to approve minutes of August 9, 1993 Council Meeting, seconded by
F. J. Hunter, motion carried.

William Pitt, 121 Bryant Street, requested a variance to construct a garage 32 x 32 totaling 1,024 square feet.
In a Residential-3 zoning, the maximum square feet allowed is 525. Mr. Pitt was instructed to make
application for a variance through the Henry County Department of Community Development. The County
will legally advertise, post the property and hold a public hearing. This would allow anyone in opposition to
be able to voice their opinion. A final hearing would be held before the Stockbridge City Council and a final
decision rendered. Motion was made by Ronnie Simmons to table until Mr. Pitt applies for variance by
following proper procedure, seconded by G. W. Evans, motion carried.

Jim Risher, Administrator, Henry County Department of Community Development, presented the Henry
County/Cities Joint Comprehensive Development Plan to be adopted by City of Stockbridge. It was noted
by Mr. Risher that public hearings were held by Henry County on July 15, 1993 and July 23, 1993. The City
of Stockbridge also held a public hearing on April 12, 1993 to hear comments from the public. The plan was
adopted by Henry County on August 3, 1993. When the City adopts the Plan and the Plan is certified by the
Georgia Department of Community Affairs the City would become a Qualified Local Government, which would
allow the City to receive grants, loans or other financial assistance from the State of Georgia. Mayor Kelley
recommended adoption of the Plan. Motion was made by F. J. Hunter, seconded by Ronnie Simmons,
motion carried.

An Adult Entertainment Ordinance was presented by A. J. Welch. Mr. Welch noted that he has conducted
extensive research and exerted great effort to prepare this ordinance. He noted that these establishments
impact on a community in a manner which is considered adverse by many citizens, he reminded that such
establishments are also protected somewhat by law. The City cannot prohibit these businesses but can pass
an ordinance to regulate their location, zoning and under certain conditions, prohibit the sale of alcohol when
nudity is involved. Mr. Welch cautioned that with changing laws, this ordinance could be out of date at
anytime. Mr. Welch asked that the record reflect that each member of the Council was sent a package of
information which included a survey of real estate professionals conducted by the City of Oklahoma City,
Oklahoma, Audit Business Study, conducted by the Planning Department of the City of Phoenix,
memorandum prepared by Police Department of Cleveland, Ohio regarding increased crime rate in areas
where pornography shops are located, an analysis prepared by the Department of Metropolitan Development
of the City of Indianapolis entitled Adult Entertainment Businesses in Indianapolis and Report on Adult
Oriented Businesses in Austin prepared by Office of Land Development Services, City of Austin. This
information was received by Council members and the Mayor on Thursday, September 17, 1993. Pastor
George Allen asked if the City refused to adopt this ordinance, what would happen? Mr. Welch advised that
if we denied someone their right by law, the City would be liable in a court of law. It is the logical approach
for the City to be prepared with an ordinance in place to regulate these types of businesses. Mayor Kelley
recommended approval of the ADULT ENTERTAINMENT ORDINANCE. MOTION WAS MADE BY RONNIE
SIMMONS TO ADOPT AND ORDINANCE TO ENACT REGULATIONS PERTAINING TO ADULT
ENTERTAINMENT ESTABLISHMENTS, SO AS TO REGULATE AND CONTROL THE LICENSING,
LOCATION, AND OPERATION OF ADULT ENTERTAINMENT ESTABLISHMENTS; AND FOR OTHER
PURPOSES, seconded by G. W. Evans, motion carried.
MINUTES
9/20/1993
PAGE 2

Mayor Kelley advised that the application submitted to the Georgia Department of Community Affairs for a
$400,000 Community Development Block Grant has been denied. This grant would have been used to
resurface streets and pave sidewalks in the black community. Ronnie Simmons complemented Ted
Strickland for submitting the application and follow-up work involved. Several of these streets, Silent, Welch
and others will be resurfaced by the City.

Kent Fugua, Parade Coordinator, Kiwanis Club, requested permission to have Annual Christmas Parade on
December 12, 1993 at 2:00 p.m. The parade route will be the same as last year. Mayor Kelley noted that
Keith B. Rohling, with the Georgia Department of Transportation has given State approval. Motion was made
by Harold Cochran, seconded by F. J. Hunter, motion carried.

George Allen, Pastor of Lord's Chapel Church of God, requested permission to hold church services at 5222
North Henry Boulevard, in the basement of Cobblestone Shopping Center. This location will be temporary
until they are able to find a suitable location. They have a membership of 27, therefore, parking will not be a
problem. Ronnie Simmons suggested checking to see if the law prohibits a church from locating within 1,000
feet of an establishment already selling alcohol. Motion was made by Ronnie Simmons to permit a six months
conditional use subject to clearance from A. J. Welch, seconded by F. J. Hunter, motion carried.

Jane Rutledge, Chairperson for Georgia Red Ribbon campaign, requested the Council proclaim October 23-
31, 1993 as Red Ribbon Days. The Stockbridge Optimist Club would like to have a parade Saturday, October
30, 1993 at 9:00 a.m. The parade would begin at Cochran Park continuing south on East Atlanta Road, to
Ward Street and ending in the elementary school parking lot. Mrs. Rutledge asked about placing a banner
across North Henry Boulevard. Mayor Kelley advised that the Georgia Department of Transportation does
not allow anything to be hung across the highway. It can be hung between poles parallel with the highway.
Mayor Kelley told Mrs. Rutledge that the City has no problem with her group tying red ribbons on utility poles
as long as she has permission from the utility company. These ribbons must be removed when the Red
Ribbon week expires. No free standing signs may be used but they will be allowed to advertise on marquee
type signs owned by local businesses. Motion was made by Ronnie Simmons, seconded by F. J. Hunter
and passed unanimously.

Mayor Kelley advised Council that he has been contacted by the Georgia State Patrol to participate in the
Red Ribbon Campaign by signing a proclamation declaring October 23-31, 1993 as Red Ribbon Days. A
copy of the proclamation will be sent to the Georgia State Patrol.
Mayor Kelly informed Council that John Maryo, 108 Burgess Way, wrote a letter to Bill Gardner, Chairman of
the Henry County Board of Commissioners. This letter was forwarded to the City of Stockbridge. Most of
the information in this letter actually involved the unincorporated areas of Henry County. The request for a
traffic light can be responded to by the City. The City of Stockbridge and Henry County have requested a
traffic light at the intersection of Quarry Road and plan to continue working on this project.

Lee Poolman, 103 Ashwood Court, North, has written a letter objecting to the stop sign on Country Club
Drive. Mayor Kelley advised that this particular intersection is actually in the unincorporated area of Henry
County and, therefore, out of the City's jurisdiction.
MINUTES
9/20/1993
PAGE 3

Richard Hill has requested permission to use the ball field on Davis Road for 11 and 12 year old girls to
practice softball. Ronnie Simmons pointed that at a previous meeting, these requests should go directly to
the Stockbridge Athletic Association. Teams should be covered with accident insurance and a certificate
should be provided to the City when they use this field. To keep these requests from coming before the
Council every few weeks, Council advised Ted Strickland to handle on a routine basis. Motion was made by
Ronnie Simmons, seconded by F. J. Hunter, motion carried.

Deloris Showers, Welch Street, has a complaint regarding the way a school bus driver picks-up children near
her home. Mayor Kelley advised F. J. Hunter to contact Mrs. Showers and inform her that she should contact
the Henry County Board of Education with her complaint. The City has no jurisdiction regarding this matter.

Rev. Clarence Brown, Trinity United Methodist Church, addressed the Council asking for support of a new
program, SOCCER IN THE STREETS, which is a nationwide, nonprofit soccer program that targets
economically and socially deprived inner-city youths. This program will involve all boys and girls from ages
6 through 12. At this point, Rev. Brown did not ask for anything but the Council's support. Funds will be
solicited later. Mayor Kelley advised that the Council is in full support of a program to help the youth of our
City. Before funds can be appropriated, City Attorney, A. J. Welch, would have to determine if City funds can
be allocated to this project. Motion was made by F. J. Hunter to table until this matter can be discussed with
City Attorney, A. J. Welch, seconded by G. W. Evans, motion carried.

It is necessary to amend the 1993 Budget by increasing capital outlay by $200,000 for the wastewater
treatment plant construction. These funds will be transferred from Sewer Fund contingencies. Motion was
made by G. W. Evans to adopt Resolution to amend 1993 Sewerage Department budget, seconded by F. J.
Hunter, motion carried.

It is necessary to amend the 1993 General Fund Budget to increase capital outlay account by $200,000 for
the Sanitation Department for the purchase of equipment associated with the sanitation collection and
transfer system as the result of Henry County closing the landfill. These funds will be available through
increased sanitation rates and reserves. Also, it is necessary to amend the 1993 General Fund Budget to
increase the Administrative Department by $350,000 for expenses incurred during the construction of the
new City Hall. These funds will be available from anticipated increase in local option sales taxes and
reserves. Motion was made by Ronnie Simmons to adopt Resolution to Amend 1993 Budget of the Sanitation
Department and the Administrative Department for a total of $391,685, seconded by F. J. Hunter, motion
carried.
G. W. Evans reported that he witnessed several Henry County Fire Fighters soliciting funds on street corners
in Stockbridge. He noted that the practice of soliciting funds on streets within the City is prohibited. No action
taken at this time.

G. W. Evans reported that the stop sign is being run over at the corner of Lambert Drive and Spring Street.
Mayor Kelley instructed Ted Strickland to contact Police Department and have this problem checked-out and
stopped.
MINUTES
9/20/1993
PAGE 4

Maxine Guest, 720 Pullman Lane, questioned if the Council has reached a decision to let residents purchase
a second water meter for a reduced amount. Mayor Kelley advised that the cost for a second water meter
will be $200.00 for a regular connection. If the connection requires digging through rock, boring under
driveway, etc., the cost would be higher based on time and material to complete the job. Mayor Kelly pointed
out that if anyone using this second meter for any reason other than what this meter is intended will be fined.
Motion was made by G. W. Evans, seconded by F. J. Hunter, motion carried.

Motion to adjourn was made by Harold Cochran, seconded by F. J. Hunter, motion carried. Meeting
adjourned at 8:35 p.m.

Respectfully submitted,

Merle Manders R. G. Kelley
City Clerk Mayor
