---
date: 1999-12-13
title: December 13, 1999 Minutes
source: 1999-12/1999-12-13_December 13, 1999_Minutes.pdf
pages: 1
---

December 13, 1999
CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA DECEMBER 13, 1999

The Regular Meeting of the Stockbridge City Council was held December 13, 1999 at 6:00 P. M. Mayor R.
G. Kelley presided and members present were Harold Cochran, G. W. Evans, W. A. Gardner, Ronnie
Simmons and Fletcher Turner.

Harold Cochran made a motion to convene, seconded by G. W. Evans, passed unanimously

W. A. Gardner made a motion to approve the minutes of the November 8, 1999 and November 18, 1999 City
Council Meetings.

Mayor Kelley welcomed guests.

PUBLIC HEARING

Mayor Kelley presented the 2000 Proposed Budget for final changes and adoption. W. A. Gardner made a
motion to adopt a resolution adopting the Proposed Budget in the amount of $5,419,525 for fiscal year 2000;
seconded by Fletcher Turner, Jr., approved unanimously.

PLANNING AND ZONING

EAGLE LANDING BAPTIST CHURCH, NORTH HENRY BOULEVARD. Tim Young, Planner with Henry
County Planning and Zoning presented a request from Eagles Landing Baptist Church to construct two
missionary houses on their property. These homes will be owned and operated by the Church for
missionaries in transition.

Mr. Young pointed out that these homes would have to be constructed in accordance with the original
Development Agreement with Killearn Properties, Inc. A. J. Welch, City Attorney will review Development
Agreement and if it needs to be amended he can get it back to the Council at the January, 2000 Meeting.
The Church does not have a separate Development Agreement.

Ronnie Simmons made a motion to table until the January 10, 2000 meeting; Fletcher Turner seconded,
passed unanimously.

BILLY OGILVIE is requesting a variance for property located at the intersection of Highway 42 and
Inverness Avenue, Highlands Subdivision. The request is for a 10-foot reduction in the front yard buffer
area as established in the Developer Agreement and a reduction in overall parking requirement by no
greater than twenty-five (25) percent to reduce the effect of the development on the adjoining Highlands
Subdivision. In 1997 the property was zoned C-1 and one of the conditions for rezoning was to have a
twenty-five (25) foot buffer. Mr. Ogilvie wants to reduce the buffer to fifteen (15) feet and also wants to
reduce the parking area.

Mayor Kelley asked the purpose of the request? Tim Young responded to make the project fit the lot.
Parking requirements for commercial development is five (5) spaces per 1,000 square feet. The project
shows 93 spaces and 24,000 square feet. The required parking is 120 spaces.

The Development Agreement between the City and the developer(s) allow for variances as granted by the
City Council. The Development Agreement is very specific on the buffer area along Highway 42, calling for
25 feet with landscaping. In addition, there was a 40-foot buffer between the site and the Highlands, unless
a landscaped earthen berm is used. According to the site plan, the developer has chosen to use the
landscaped earthen berm.

The building is setback far enough but the parking intrudes into the Development Agreement portion of the
twenty-five (25) foot strip. The way the development is designed, the road is between the commercial and
residential area. The parking will be in front of the development rather than the rear. The front and back
buffer is being reduced. The site is not deep enough to fit their building and parking space on the proposed
site. Mayor Kelley pointed out that the developer was aware of the requirements of the Development
Agreement.

David Black informed the Council that he owns the Highlands’ property behind this project and has never
been approached about a sidewalk. Mr. Black stated that they own one (1) foot of property down the road
and Mr. Ogilvie cannot access his property until they work out some type of agreement. The Highlands
starts at $250,000 plus and they do not want a convenience store at this location. They are definitely
opposed unless there is a really nice building. There is no access for back deliveries. Without the forty
(40) foot undisturbed buffer these homes will be looking into the back of this shopping center. Mr. Black
said no one has shown them these plans and this type of project could kill their subdivision.

Mr. Welch is concerned about reducing the forty (40)-foot undisturbed buffer to a ten (10) berm which is
four (4) to six (6) feet high. Mr. Ogilvie should present some type of design on the berm. The whole purpose
of the berm is to give the homeowners privacy.

Mayor Kelley suggested the Council table this matter until the Council has more information. G.W.Evans
made a motion to table; W. A. Gardner seconded, passed unanimously.

ANNEXATION

ANGEL PLAZA, INCORPORATED OF McDONOUGH, GEORGIA is requesting rezoning from C-3 (heavy
commercial) in unincorporated Henry County to C-3 (heavy commercial) in the City of Stockbridge for
property located in Land Lot 21 of the 6th District at 1481 Hudson Bridge Road. The property contains
approximately 1.1 acres, and the request is for annexation into the City of Stockbridge.

Ronnie Simmons made a motion to approve annexation, seconded by Fletcher Turner, approved
unanimously.
ABANDONMENT OF ROADS

TUNIS ROAD ABANDONMENT. A. J. Welch advised that public notices have been posted in Daily Herald
and the adjourning property owners have been notified. The first reading was in November and this meeting
represents the second reading. The portion of Tunis Road to be closed is from Peach Drive to Georgia
Power lines.

Ronnie Simmons made a motion to adopt a resolution to finalize the abandonment of Tunis Road and remove
Tunis Road from official City of Stockbridge records; seconded by Fletcher Turner, passed unanimously.

SPEER ROAD AND DAVIDSON PARKWAY ABANDONMENT. A. J. Welch advised that public notices
have been posted in the Daily Herald and the adjourning property owners have been notified. The first
reading was in November, 1999 and this meeting represents the second reading.

Ronnie Simmons made a motion to adopt a resolution to finalize the abandonment of Speer Road Davidson
Parkway and remove those portions of Speer Road from official City of Stockbridge records; seconded by
Fletcher Turner, passed unanimously.

Mr. Welch asked developer if the Clayton County side of Davidson Parkway has been completed and when
will Davidson Parkway be tied together and lined up? Councilman Simmons stated that the City needs to
have Davidson Parkway completed and dedicated to the City. Before permits will be issued, the developer
must post bonds and dedicate parkway to the City.

OLD BUSINESS

GEORGIA MUNICIPAL ASSOCIATION AGGREGATION SERVICES AGREEMENT. Adopt a resolution
authorizing Mayor and Clerk to sign agreement on behalf of the City; authorizing GMA to gather information
and select gas supplier with a lower gas rate.

Ronnie Simmons made a motion to adopt a resolution authorizing the Mayor and Clerk to sign agreement
with Georgia Municipal Association; Fletcher Turner seconded, passed unanimously.

KATHLEEN AND BILL CROSSON, Alcohol Licensee, requesting extension of time to open package store
on Highway 138. Mr. Crosson informed Council that they have secured their lease, the builder has
committed to completion of their building on or before June 30, 2000 and plan to apply for building permits
this month. Therefore, they are requesting a six-month extension on the alcohol license.

Councilman Simmons pointed out that the forth person in line has made it known that he is interested in
the this license and if the Crossons failed to meet their deadline what legal issue does this present? A. J.
Welch said Gary Howell’s lawyer, Alex Crumbly has written a letter demanding that the City go ahead and
issue the license to them because the Crossons were not in operation on the first of December.
The ordinance adopted on March 8, 1999 that amended the October, 1998 ordinance that gave an
extension of time and the Crosson’s would fall under the provision that says that licenses issued prior to
February 1, 1999. Premises referred to the license is a structure under construction or is to be constructed
no later than December 1, 1999.

Paragraph (2) says that a licensee who desires a variance from the time periods referenced in paragraph
(1) of this section in order commence operation, may request a hearing before the Mayor and Council. A
request for variance will be considered by the Mayor and Council on a case by case basis based on specific
facts and circumstances necessitating the variance. The Crosson’s asked for an extension at the
November meeting that was postponed to this Council Meeting in order that they could get information
together to present to the Council.

A.J.Welch advised that before the Council can grant any variances, the Council would have to have a copy
of a signed valid lease, copy of contract to construct a building by a certain time and proof of financing. Mr.
Welch pointed out that the City’s concern is the loss of income from taxes.

Mrs. Crosson asked that if they pay the license fees for 2000 and are not granted the license would the
license fee be refunded? Mayor Kelley assured her both her 1999 and 2000 fees would be refunded.

Councilman Simmons pointed out that if the Crossons come with a signed lease then it would mean they
are committed to the lease would it not? Mayor Kelley replied that if they sign the lease it would be subject
to getting their license. A. J. Welch advised Council that the Council or himself should give the Crossons
advice as to what they have to have. It is up to the Crossons to prove they are entitled to the license and
the lease is their worry and responsibility.

G. W. Evans made a motion to table the request for a variance that was made in November, 1999; Harold
Cochran seconded, passed unanimously.

Fletcher Turner made a motion to give the Crossons until January 10, 1999 to present their evidence as to
why they should be granted a variance; G. W. Evans seconded, passed unanimously.

NEW BUSINESS

HUGES, GOOD, O’LEARY & RYAN INCORPORATED (HGOR). Ted Strickland reported that
JackBurnside with HGOR met with him to discuss their services. They assist cities in applying for grants
to improve street, rights-f-way, etc. HGOR has secured many grants for other cities and he would like to
enter a contract with HGOR for $4,500 to work up the grants to be submitted. Atlanta Region Commission
and other agencies have federal and state grant money that we can tap into. These grants would require a
matching fee of twenty (20) percent of the total grant.

Bruce Vail said that he has some concerns structurally but the essential terms of the agreement can be
incorporated and finalized. The purpose of the resolution is to authorize an agreement subject to the
Council’s approval.

Ronnie Simmons made a motion to adopt a resolution to hire HGOR to look into grants for the City; Fletcher
Turner seconded, passed unanimously.

ALTERNATIVE FUEL. Ted Strickland informed Council that the City needs to apply for grants to fund the
change over from gasoline to alternative fuels. The City will be required to change over to alternative fuel
in the next two or three years. Mayor Kelley advised Mr. Strickland to get the information together to be
discussed at another Council Meeting.
SJ MURHPY & ASSOCIATES. Ted Strickland told Council that the purpose is to hire Mr. Murphy to render
a design and administrative services for the development of the municipal park adjacent to City Hall. The
cost would be approximately $3,000 for the design and $40.00 per hour for onsite inspection of installation
of plants, etc. This would require the adoption of a resolution to hire SJMurphy for this purpose.

Bruce Vail reviewed the contract and explained to Council. Council needs more information before making
a decision. Mayor Kelley suggested the Parks Committee meet on this matter and bring it back before the
Council.

Ronnie Simmons made a motion to table; Fletcher Turner seconded, passed unanimously.

PARKSIDE AT EAGLES LANDING HOMEOWNER’S ASSOCIATION in a letter addressed to the Mayor
and City Council requested additional stop signs for public safety reasons. Ted Strickland advised that on
the major roads in the subdivision they are requesting several new stop signs. Before doing anything, Mr.
Strickland wants to make sure it meets with the Council’s approval. The signs in Parkside are special
design sandblasted signs. If they want the special design signs, the homeowners will furnish signs and the
City will install. If they don’t provide the signs, the City will furnish and install standard stop signs.

Ronnie Simmons made a motion to approve request for additional stop signs in Parkside Subdivision;
Fletcher Turner seconded, passed unanimously.

P. F. MOON AND COMPANY, INC., DIVISION 1, Pay Request No. 1 in the amount of $60,07.00.

W. A. Gardner made a motion to approve request for payment; Fletcher Turner seconded, passed
unanimously.

MacBA SEWER PIPELINIE INC., DIVISION II, Pay Request No. 2 in the amount of $73,684.83.

G. W. Evans made a motion to approve request for payment; W. A. Gardner seconded, passed
unanimously.

CREATIVE TECHNOLOGIES GROUP, INC., ANTHONY & ANGELA STINSON, 386 East Atlanta Road,
Suite A, computer and office machine repair has closed and City Hall is receiving many requests to do
something so they can recover their property. The customers brought their property to have repaired and
are unable to make contact with the owners to recover their property.

A.J.Welch stated there is nothing the City can do to recover their property. They will have to file an action
in small claims court or State Court to get an order requiring Mr. Stinson to return their property. The City
can have the owners; Antony and Angela Stinson appear before the council with an explanation before
issuing a new license. Mr. Welch explained that these customers should hire a lawyer to represent them.

CONDEMNATION MABROS, H&W PROPERTIES AND RYAN’S STEAK HOUSE, INC. Eastwood Village
Apartments is building on Old Atlanta Road and has need to bore under Highway 42 to get a direct line to
the City’s sewer line cutting off a bottle neck. They have not been able to obtain easements from three-
property owners; H&W Properties, Billy Mabros and Ryan’s Steak House, Inc. Eastwood has asked the
City to acquire the easements so they can provide public sewer to the project. This line will provide sewer
to other properties on Old Atlanta Road.

In order to get the easements; the City will have to file condemnation. Mr. Welch has placed Eastwood’s
attorney on notice and has received written confirmation from their attorney. It is their responsibility to
reimburse the City for all expenses that are incurred for the legal fees, condemnation, damages and
engineering expenses incurred by the City. Eastwood has agreed to the terms in writing.
Mr. Welch has prepared resolutions for each property owner asking that they settle with the City and let us
go forward with the sewer line. If they refuse, the City will file condemnation proceedings toward the end
of the month and then schedule a hearing. The property owners are asking $40,000 for a small piece of
property to run the sewer line.

Councilman Simmons asked if it would impact their businesses during construction? Mr. Welch said that
technically they are not entitled to damages for temporary inconveniences that could be suffered by any
member of the public. The problem is that there is no physical way to get the bore under the highway
without disturbing at least part of their parking area. Mr. Welch pointed out that according to the City
Ordinance, if Eastwood cannot obtain access, the City will acquire access and Eastwood is required to
reimburse the City.

Councilman Simmons inquired if there is an easement on the existing sewer line. Mr. Welch advised that
there is an existing easement but the City needs an additional construction easement to get enough room
to bore under the highway and it would require getting on the three properties discussed.

Ronnie Simmons made a motion to adopt a resolution declaring the condemnation of property owned by
Billy Mabros as a public necessity for acquiring a temporary construction easement and the permanent
sewer easement; and to authorize A. J. Welch to proceed in condemnation proceedings to obtain the
easement; FletcherTurner seconded, passed unanimously.

Ronnie Simmons made a motion to adopt a resolution declaring the condemnation of property owned by
H&W Properties as a public necessity for acquiring a temporary construction easement and the permanent
sewer easement; and to authorize A. J. Welch to proceed in condemnation proceedings to obtain the
easement; Fletcher Turner seconded, passed unanimously.

Ronnie Simmons made a motion to adopt a resolution declaring the condemnation of property owned by
Ryan’s Steak House, Inc. as a public necessity for acquiring a temporary construction easement and the
permanent sewer easement; and to authorize A. J. Welch to proceed in condemnation proceedings to
obtain the easement; Fletcher Turner seconded, passed unanimously.

GEORGIA MUNICIPAL ASSOCIATION +
ALCOHOL BEVERAGE TAX RECOVERY SERVICE. Adopt Resolution authorizing Mayor and Clerk to
enter contract with GMA to perform the service of assisting the city in recovering revenue from Alcohol
Beverage Taxes that have not been reported. Mayor Kelley recommended the Council approve this
agreement. GMA has retained the services of MBIA MuniServices Company to audit the books of
establishments selling or serving alcoholic beverages.

Ronnie Simmons made a motion to adopt a resolution authorizing the Mayor and Clerk to sign agreement
on behalf of the City, seconded by G. W. Evans, passed unanimously.

MAILBOXES. Councilman Gardner reported that vandals have destroyed mailboxes in the northeast
section of Stockbridge. Council instructed Ted Strickland to notify the Police Department and Postal
Inspectors.

CHRISTMAS PARADE. Councilman Simmons reported that the 1999 Christmas Parade was a big
success. The plans have begun for Christmas 2000 and it is their hopes to have more floats and bands in
the parade.

G. W. EVANS will retire effective January 1, 2000 and Mayor Kelley expressed the Council’s gratitude for
the many years of unselfish service he has given the City. The Mayor and Council appreciate him serving
with them on the Council and doing the great job that he has done. The citizens of Stockbridge appreciate
the time, effort and dedication to performing his duties for the citizens of Stockbridge.

G. W. Evans made a motion to adjourn; Ronnie Simmons seconded, passed unanimously. Meeting
adjourned at 7:45 P. M.

Respectfully submitted,

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