M I N U T E S

 

REGULAR MEETING OF MAYOR AND COUNCIL OF JANUARY 20, 2009

 

 

 

 

Call to Order:           The regular Meeting of Mayor and Council of January 20, 2009, was called to order by Mayor Corine Deyton at 7:00 p.m.

 

Invocation:               The invocation was given by Rev. Reed Crumbliss of the First Baptist Church of Forest Park followed by the Pledge of Allegiance to the American Flag.

 

Roll Call:                   Mayor Corine Deyton, Councilman Donald Judson and Councilwomen Maudie McCord and Linda Lord.

 

                                    Also present were City Manager John Parker, Director of Finance Mike Blandenburg, Director of Support Service Christine Terrell, Director of Planning, Building and Zoning Steve Pearson, Chief Eddie Buckholts, Director of Public Works Mike Gippert, Management Analyst Angela Redding, Deputy Director of Recreation and Leisure Services Sharon Smith and City Attorney Robert Mack.

 

Approval of               Ms. Lord made a motion to approve the minutes of the

Minutes:                    Work Session of Mayor and Council of January 5, 2009, the Regular Meeting of January 5, 2009 and the Special Meeting of January 7th with the following correction:  delete “It was the consensus of Council to proceed with Robert and Company at this time”. Seconded by Ms. McCord.  Voting for the motion was unanimous.

 

Comment Period:    Mr. Allan Begner was present to speak.  He stated he appeared before Council once on behalf of Tops Showbar who has pending before them, both an alcohol application and an adult entertainment application.  He said it was his understanding from the City Attorney that the adult entertainment application is tabled indefinitely because of the existence of a moratorium and submitted a copy of the letter he received which says that.  He sent the Mayor and Council a letter on December 22nd which sets out their constitutional challenges because they are required to make them or face the possibility of waiving them.  He submitted another copy of this letter and a letter dated January 15th from attorney Mark Forsling who sets out their arguments, too.

 

                                    Mr. Begner stated Tops Showbar submitted adult entertainment and alcohol applications on March 18th, 2008,  as they know, to be a tenant at the old Crazy Horse location.  He said they are still awaiting issuance of the licenses, they were filed at least 4 months before Crazy Horse filed for licensing next door and they were filed almost 5 months before the City passed Resolutions 08-18 and 08-19, which effectively licensed Crazy Horse next door.  He said the City has tabled the adult entertainment application and it is his understanding that it will hear the alcohol application, but not tonight.  He said he is told the Chief of Police found no issues and was told by Mr. Mack it would be tabled tonight because we are missing several council persons.

 

                                    Mr. Begner stated in Counsel’s letter it states the reason it is being tabled again and again, the adult entertainment application, is because the existence of the moratorium which was passed September 15, 2008.  He said our adult entertainment application pre-dates the moratorium by almost 6 months and in addition, Section 3, paragraph 6, of the moratorium specifically says the moratorium is not intended to prevent, prohibit or impair the processing of our application which is already pending or to vote on it.  Thirdly, he said the moratorium itself is an unconstitutional prior restraint on speech because it was enacted specifically to ban nude dancing and alcohol at our location and was not, instead enacted to remedy an emergency situation like freezing building permits because the sewage is at capacity.  He said I resubmit and reallege the matters in the two letters that have been submitted again.  He said we state that the denial of our licenses and the denial of a vote on them violates our constitutional rights as a prior restraint and that you have done this, even though, you let Crazy Horse build out and get a license next door at an illegal location that could only have been remedied by the enactment of two ordinances to change the law.  He stated you know because your lawyers have told you, after we showed them the law, that you have an adult entertainment licensing scheme that is severely and hopelessly unconstitutional.  Among other reasons because it does not guarantee in writing a quick, processing and issuance.  The cases say you must issue licenses or give reasons why not  in writing in about 60 days and  30 days to appeal, but we have waited 300 days and more, so not only has the writing not guaranteed it, but  you have not acted on their applications.  He said you know you have to amend your law because it is hopelessly unconstitutional and you have already created an ordinance to do it, but have not voted on it.  He said if you don’t amend it, you will still have to license us, if you do amend it, you will have to license us.  He said if you don’t amend it, and we sue, you will still have to license us but many more adult entertainment establishments will open.  He said this is what he did in DeKalb County. 

 

                                    He stated lastly, he suspects without knowing that sometimes City Councils decide to not act on legislation because it would be painful because they know they will get sued and they want the judge to decide, then criticize the judge to the citizens and blame the judge.  He said it is not that easy and I ask you to give us the licenses we are entitled to, otherwise you may find, if we sue you and succeed there will be many other adult entertainment establishments, something he has no interest in, and be subject to the possibility of judgments, perhaps over a million dollars, and you will have to explain to the citizens then why you did not act now.       

 

                                    Ms. Dianne Lunsford spoke.  She stated she sees the Council trying to turn Forest Park into a good and desirable City, one that will attract new and wholesome businesses, and new homeowners along with keeping the present homeowners here instead of renting their homes.  She said it saddens her that Forest Park has to deal with the possibility of another adult entertainment outfit.  She said we have two already and we don’t need another.  She said every one of the citizens she has spoken to does not want anymore and please consider your citizens opinions and feelings.

 

 

Renewal of                Mr. Judson made a motion to approve the following

Retail alcohol           requests for renewal of a retail alcohol license for a beer

License:                     and wine, seconded by Ms. McCord.  Voting for the motion

(Beer & Wine):         was unanimous.

 

·        SeanKwik Way, Inc. D/B/A Shell Food Mart, 4806 Jonesboro Road, no exceptions noted

 

·        Alwani Group of Companies, Inc. D/b/A Shell Food Mart, 4926 Old Dixie Highway, no exceptions noted

 

Renewal of                Ms. Lord made a motion to approve the following requests retail alcohol  for renewal of retail alcohol licenses for beer only,

License:                     seconded by Ms. McCord.  Voting for the motion was

(Beer only)                unanimous.

 

·        Carniceria El Progreso, El Progreso #4, 4095 Jonesboro Road, no exceptions noted

 

·        I-Jaaz, Inc. Best Food Mart, 4666 Jonesboro Road, no exceptions noted

 

Renewal of                Request was made to consider the renewal of a retail

Retail alcohol           alcohol license for liquor, beer and wine from TIKU, Inc.

License:                     D/B/A Forest Park Bottle Shop, 4467 Jonesboro Road, no

(Liquor, Beer &       exceptions noted.  

 Wine)

Mr. Judson made a motion to approve the request from Forest Park Bottle Shop, seconded by Ms. Lord.  Voting for the motion was unanimous.

 

Renewal of                Mr. Judson made a motion to approve the following

On-premises             requests for renewal of an on-premises consumption

Consumption           alcohol license for beer only, seconded by Ms. Lord.

License (Beer           Voting for the motion was unanimous.

Only):

·        Forest Wing & Fish, 4430 Jonesboro Road, no exceptions noted

 

·        Taqueria y Papuseria La Internacional, 4095 Jonesboro Road, Suites J & K, no exceptions noted

 

·        Los Amigos Billar y Restaurante, 4148 Jonesboro Road, no exceptions noted

 

·        Rio Grande Restaurant, LLC Rio Grande Restaurant, 4609 Jonesboro Road, no exceptions noted

 

Renewal of                Request was made to consider the renewal of an on

On-premises             premises consumption license for liquor, beer and wine

Consumption-          from Restaurant Forest, 5025 Jonesboro Road, no

(liquor, beer &          exceptions noted.                

Wine):                       

                                    Mr. Judson made a motion to approve the request from Restaurant Forest, seconded by Ms. Lord.  Voting for the motion was unanimous.

 

Ordinance -               Request was made to consider an Ordinance by the

Cost of Living          Governing Body for the City of Forest Park, Georgia, to

Increase:                   appropriate funds for Wage and Salary Adjustments for employees of the City; to repeal Ordinances and parts of Ordinances in conflict herewith; to provide an effective date; and for other purposes.

 

Ms. Lord made a motion to approve the Ordinance, seconded by Ms. McCord. Voting for the motion was unanimous.

 

Ordinance -               Request was made to consider an Ordinance by the City

Homeland                 Council of the City of Forest Park authorizing the City to

Security Grant:        additional funds in the amount of nine thousand, two hundred dollars ($9,200.00) related to an existing Homeland Security Grant to be added into the Grants budget for the Fire Department; to provide an effective date; and for other purposes.

 

Mr. Judson made a motion to approve the Ordinance, seconded by Ms. McCord.  Voting for the motion was unanimous.

 

Ordinance -               Request was made to consider an Ordinance by the

Designate name      Governing Body for the City of Forest Park, Georgia, to

of “The                       designate a name by which the Governing Body shall

Development            transact business as the City’s Redevelopment Agency

Authority of the       pursuant to the Georgia “Redevelopment Powers law”,

City of Forest           O.C.G.A. §§ 36-44-1 Et Seq., to Wit:  “The Development

Park”:                         Authority of the City of Forest Park, Georgia”; to provide for severability; to repeal all Ordinances and parts of Ordinances in conflict herewith; to provide an effective date; and for other purposes. 

 

                                    Ms. Lord made a motion to approve the Ordinance, seconded by Ms. McCord.  Voting for the motion was unanimous.

 

Ordinance -               Request was made to consider an Ordinance by the City

Transfer funds         Council of the City of Forest Park, Georgia, to transfer

From Industrial      funds held under the name of the Industrial Development

Development            Authority of the City of Forest Park to an account in the

Authority to             name of “The Development Authority of the City of Forest

Development            Park, Georgia”; to repeal all Ordinances and parts of

Authority:                 Ordinances in conflict herewith; to provide an effective date; and for other purposes.

 

Mr. Judson made a motion to approve the Ordinance, seconded by Ms. Lord.  Voting for the motion was unanimous.

 

 

Ordinance -               Request was made to consider an Ordinance by the City

Appropriation of      Council of the City of Forest Park, Georgia, to transfer

of funds to                 funds in the amount of $10,170.00 from the

Development            Unappropriated Balance of the General Fund to Line

Authority:                 Item 580-20-7510-52-1101 and Line Item 580-20-7510-52-3701 to provide for estimated expenses in the Development Authority of Forest Park Fund; to provide an effective date; and for other purposes.

 

                                    Mr. Judson made a motion to approve the Ordinance, seconded by Ms. Lord.  Voting for the motion was unanimous.

 

Ordinance –              Request was made to consider an Ordinance by the

Repealing                 Governing Body for the City of Forest Park, Georgia, to

Development            repeal previously adopted Ordinances and Resolutions

Authority, Down-    creating, activating, or providing for the City to be a part

town Develop-          of: (1) the “Development Authority for the City of Forest

ment Auth. &           Park, Georgia”, (2) the “Downtown Development

Redevelopment        Authority, City of Forest Park”, and (3) the

Authority of              “Redevelopment Authority of Clayton County”; to provide

Clayton County:      for severability; to repeal all Ordinances and parts of Ordinances in conflict herewith; to provide an effective date; and for other purposes.

                            

Ms. Lord made a motion to approve the Ordinance, seconded by Ms. McCord.  Voting for the motion was unanimous.

                                     

 

Resolution -              Request was made to consider a Resolution requesting

Contract with           authorization to enter into a contract with Thomas R.

Thomas R. Gissy:    Gissy, Real Estate Appraiser and Consultant to provide cost estimates for the Sidewalks to Schools, Phase III and Transit Oriented Pedestrian Improvements Project.

                                   

                                    Mr. Judson made a motion to approve the Resolution, seconded by Ms. Lord.  Voting for the motion was unanimous.

 

Resolution -              Request was made to consider a Resolution by the Mayor

Apply for HUD         and City Council of Forest Park, Georgia to apply for

Funding thru           HUD funding through the Community Development

CDBG:                       Block Grant program (CDBG) for Curb and Gutter, Sidewalks, and Storm Water Piping on various streets in the Sidewalks to Schools, Phase I and Phase II  projects and to accept the HUD funding through the CDBG program once it becomes available and for other lawful purposes.

 

                                    Mr. Judson made a motion to approve the Resolution, seconded by Ms. McCord.  Voting for the motion was unanimous.

 

Ordinance -               Request was made to consider an Ordinance to

Contract with           appropriate funds in the amount not to exceed $30,000.00

United                       from the unappropriated balance of the General Fund,

Consulting Group:  and to authorize the Execution of a Contract with United Consulting Group, Ltd. for the purpose of conducting a Phase I and Limited Phase II Environmental Assessment of City owned property located at 775 Main Street and 861 Main Street; to provide for severability; to repeal conflicting ordinances; and for other purposes.

                     

                                    Mr. Judson made a motion to approve the Ordinance, seconded by Ms. Lord.  Voting for the motion was unanimous.

 

Other Comments:    Mr. Parker informed everyone that the City of Forest Park is very fortunate. We started trying to prepare for a downturn in the economy, as far back as 18 months ago and the things we have done have been successful and as a result during the last budget, effective July 1, we gave all of our employees a 5% increase in pay and this time our projections are still running true and we are still doing very well and that is why we can tell our employees we appreciate what they are doing by giving another 3% increase.  Mr. Parker thanked the Mayor and Council for moving forward with this and thanked our employees for staying with us. 

 

Adjournment:          Ms. Lord made a motion to adjourn, seconded by Ms. McCord.  Voting for the motion was unanimous.

 

                                    The meeting adjourned at 7:30 p.m.