M I N U T E S

 

REGULAR MEETING OF MAYOR AND COUNCIL OF DECEMBER 7, 2009

 

 

 

 

 

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

 

Invocation:                    The invocation was given by Councilwoman Linda Lord followed by the Pledge of Allegiance to the American Flag.

 

Roll Call:                      Present were Mayor Corine Deyton, Mayor Pro-tem Sparkle Adams, Councilman Donald Judson and Councilwomen Linda Lord, Debbie Youmans and Maudie McCord.

 

                                    Also present were City Manager John Parker, Director of Finance Mike Blandenburg, Director of Planning, Building and Zoning Steve Pearson, Director of Support Services Christine Terrell, Director of Public Works Mike Gippert, Chief Eddie Buckholts, Colonel Tommy Orr, Management Analyst Angela Redding and City Attorney Joe Harris.

 

Approval of minutes:     Mr. Judson made a motion to approve the minutes of the Work Session of Mayor and Council of November 16th and the Regular Meeting of November 16, 2009, seconded by Ms. Adams.  Voting for the motion was unanimous.

 

Comment Period:          Ms. Trudy Smith spoke.   She discussed the run-off election of December 1st.  She stated there was a systematic attempt to skew the election results demonstrated in this election, there were orchestrated efforts using the no excuse absentee ballot law to unfairly manipulate the outcome of this election. She stated the remedy for this unfair practice should be either the candidates that allowed this campaign to be run in this manner should be disqualified or the election should be annulled and the election reran in a respectable time.  A formal complaint is being discussed at the Secretary of State’s and Governors Office, challenging the results of this tainted election.  Any citizen interested in the Democratic process should be outraged at the travesty perpetrated by these parties to the distasteful display of voter abuse.  She stated the technical winners did not win the election; the rightful winners were robbed of their victory. 

 

                                    Ms. Dianne Lunsford spoke.  She stated she could not believe our citizens could vote for a person that previous to this past election had no interest in the goings-on or the goals of this City.  For one to not have come to City Council meetings, nor expressed any concerns before this last campaign, raises her eyebrows again.  She stated a certain organization paid all the fees, paid for signs, pulled up opponent’s signs and helped deliver absentee ballots in their Wards.  This organization has an agenda and these people that helped them get in to the government will be or are just puppets of this organization.  In her opinion, they have high interests in the Fort Gillem project and this is their way of getting their hands in it.   She stated this past election was not played on an even field.  She stated we need to make sure the people we elect have the best interest of the City at heart, not to be used as a stepping stone in the future political agenda or the interest that does not care about the City.      

 

                                    Ms. Andrea Turnipseed – Ms. Turnipseed was present on behalf of the Forest Park Youth Football and Cheerleaders Program.  She stated this organization is vital to our community and encouraged business owners and the City to sponsor their Program.

 

Recess:                         Mr. Judson made a motion to recess for a Public Hearing, seconded by Ms. McCord.  Voting for the motion was unanimous.

 

                                    Mr. Judson made a motion to open the Public Hearing, seconded by Ms. McCord.  Voting for the motion was unanimous.

 

Public Hearing:             Mayor Deyton opened the Public Hearing to receive comments with regard to the proposed amendment to the Zoning Ordinance.

 

                                    Steve Pearson gave the following overview of the Forest Park Main Street Overlay District and Design Guidelines:

 

·        Forest Park is a City that has long been defined by its railroad connections and military affiliation.

 

·        Significant changes are being planned for both of these elements as re-development plans are well underway for the Fort Gillem property and Main Street. As well as the urban areas adjacent to Main Street.

 

·        While the Forest Park / Fort Gillem Local Redevelopment Authority has been preparing a strategic reuse plan since the announcement of the closure of Fort Gillem in 2005, the City has also been moving forward with redevelopment plans for the urban core area west of the base called the Main Street Overlay District.

 

·        Redevelopment of the Main Street Overlay District focuses on creating a mixed use community that brings new jobs and new residents to a revitalized Main Street. 

 

·        The revitalized areas will cultivate a sense of place, while creating a pedestrian friendly environment and a flourishing corridor of activity. 

 

·        Forest Park has been developing the Master Plan for the Main Street Overlay District so that the uses, architecture and amenities are complementary and compatible with the redevelopment plans for the adjacent Fort Gillem property. 

 

·        In fact, these two redevelopment plans are being coordinated to provide for an orderly transition and continuity from Main Street to Fort Gillem.

 

·        The Main Street corridor, is an area that includes Main Street and Forest Parkway between West Street and Jonesboro Road, Jonesboro Road between Marie Street and Forest Parkway, and nearby side streets make-up the Main Street Overlay District Conceptual Plan developed by Cooper Carry. 

 

·        Cooper Carry has also been commissioned to develop design guidelines for the proposed uses indentified on the Main Street Overlay District Conceptual Master Plan, which includes;

 

                                    a. Single family detached housing

                                    b. Townhomes – Condominiums

            c.  Mixed use – Retail, office and residential

                                    d. Transit Station – Multi-modal transportation center

                                    e. Parking decks

                                    f.  Parks

                                    g. Pedestrian connections / sidewalks

                                    h. Streetscapes / trees 

 

·        The design guidelines have been converted to zoning regulation i.e. use, building height, setbacks, size, etc. by the law firm McKenna Long and Aldridge, also the Main Street Redevelopment area is being further regulated by identifying the area as an overlay district and amending the current zoning map. 

 

·        The design guidelines are created to help attract and direct new growth as Forest Park anticipates development in the Main Street and Fort Gillem areas.

 

·        The City has created the Main Street and Fort Gillem Tax Allocation District (TAD) to incentivize the type of targeted growth that will revitalize the strategic areas of the City.  

 

·        The design guidelines will inform the redevelopment of the Main Street Overlay District to ensure that new construction and renovation contributes to a sense of place, a lively pedestrian environment, and a high quality small town destination, consistent with the redevelopment plan adopted in 2008. 

 

·        The regulations will provide strong direction for property owners and property developers seeking to be a part of the Main Street Revitalization while reassuring residents that new development is guided by a vision for a walkable, friendly and inviting Main Street that is accessible to all. 

 

·        The guidelines establish a framework upon which the various aspects of development can evolve as part of a cohesive fabric. 

 

·        They provide criteria for a project review, and an objective basis for the decisions and recommendations of the Forest Park Architectural Design Review Board (ADRB).

 

·        The review process governs all proposed development in the Main Street Overlay District.

 

·        The guidelines also include design requirements that promote effective uses of the built environment, which can lead to a reduction in the incidence and fear of crime, and an improvement in the quality of life.

 

·        The guidelines and their enforcement serve to protect property values and personal investment by ensuring a quality and consistency of design, continuity, a sense of order, and the reinforcement of community.

 

                                    He then presented a PowerPoint presentation.

 

                                    Ms. Adams made a motion to close the Public Hearing, seconded by Ms. Lord.  Voting for the motion was unanimous.

 

                                    Mr. Judson made a motion to open a public hearing, seconded by Ms. Lord.  Voting for the motion was unanimous.

 

                                    Mayor Deyton opened the Public Hearing to receive comments with regard to an Ordinance to comprehensively amend and review the City’s existing Ordinance providing for the licensing and regulation of adult entertainment establishments in the City, Title 9, Chapter 12 of the City’s Code of Ordinances.

 

                                    City Attorney Joe Harris stated for the record that the Council has already had three public hearings on this subject and they adopted a comprehensive revision of our adult entertainment ordinance in March of this year.  He stated subsequent to that there has been litigation filed and at least one additional public hearing at which there were expert testimony, affidavits, documents, reports and other evidence presented to them and he wanted to remind them that all that information was in the record before them tonight and can and should be considered by them when they take under consideration the ordinance before them which is quite similar to the one adopted in March.  There are very few changes but the information is before you and after the close of this public hearing and before you adopt the Ordinance he asked for an executive session to discuss litigation.

 

                                    Mr. Aubrey Villines representing Pink Pony South and Crazy Horse spoke.  He stated there is something wrong, we should look at the truth and the facts.  He said you had a great presentation about Main Street and he didn’t see the secondary adverse effects in there.  He spoke about the reduction in crime, but the Council went to New York and brought someone in from California to talk about adverse secondary effects.  He said why don’t you look at your own experience, you know why you don’t look at your own experience, because the facts and the truth don’t support it.  There are no adverse secondary effects.  He said his problem is with the findings here. 

 

                                    Joe Wimberly spoke.  He encouraged Council to not put hundreds of people out of work.

 

                                    Roy Lunsford spoke.  He stated there is no sense in putting people out of work.  They don’t cause us any trouble.  They have been doing  business fine for years, helping the City and they are good neighbors. 

 

                                    Ms. Andrea Turnipseed spoke.  She stated these businesses have constantly supported the Forest Park Athletic Program and depends on them for sponsorship.

 

                                    Mr. Judson made a motion to close the Public Hearing and reconvene the meeting, seconded by Ms. McCord.  Voting for the motion was unanimous.

 

Executive Session:        Ms. Youmans made a motion to enter into Executive Session to discuss litigation, seconded by Ms. Adams.  Voting for the motion was unanimous.

                                   

                                    Mayor and Council entered into Executive Session at 7:30 p.m.

 

                                    Ms. Lord made a motion to reconvene the regular meeting, seconded by Ms. Youmans.  Voting for the motion was unanimous.

 

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

Licenses:                      renewal of retail alcohol licenses for beer and wine, seconded by Ms. McCord.

                                     

·        Ekta Agencies International, Inc. D/B/A Shell Food Mart,

                                                4209 Jonesboro Road, no exceptions noted

 

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

 

·        Clipper Petroleum, Inc. D/B/A Circle M Food Shop #57, 4950 Old Dixie Highway, no exceptions noted

 

·        Teeko Investments, Inc. D/B/A Jonesboro Food Mart, 4700 Jonesboro Road, Suite A, no exceptions noted

 

·        Naeem Inc. D/B/A Clayton Express, 4233 Thurmond Road, no exceptions noted

 

·        SNZ, Inc. D/B/A Chevron Food Mart, 4441 Jonesboro Road, no exceptions noted

 

                                    Voting for the motion was unanimous.

 

 

Renewal of retail           Ms. Lord made a motion to approve the following requests for

Alcohol license for        renewal of retail alcohol licenses for beer only, seconded by Ms.

Beer only:                     Adams. 

 

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

 

·        Carniceria Garcias #5, Inc. D/B/A Carniceria Garcias #5, 4460 Jonesboro Road, no exceptions noted

 

                                    Voting for the motion was unanimous.

 

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

Purchase or real            or the City of Forest Park, to authorize the acquisition and                    

Estate:                          purchase of Certain Real Estate in the City for a purchase price of                                             less than the appraised value;           to provide for temporary funding of                                           said purchase from the General fund of the City; to provide for                                                 reimbursement to the General Fund from funds received

            from the “SPLOST” tax in 2009; 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. Adams.  Voting for the motion was unanimous.

 

Ordinance -                  Request was made to consider an Ordinance to amend the Zoning

Forest Park                  Ordinance of the City of Forest Park, Georgia by adding a new

Main Street                  Article “L” to be entitled “Forest Park Main Street Overlay

Overlay District:            District,” so as to prescribe new district design guidelines; to repeal conflicting ordinances; and for other purposes

                                   

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

 

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

Adult                            for the City of Forest Park, to amend Title 9, Chapter 12 of the

Entertainment:               Code of Ordinances of the City pertaining to the regulation and licensing of adult entertainment establishments, by repealing the existing Title 9, Chapter 12, and substituting in lieu thereof a new Title 9, Chapter 12 to provide for the comprehensive regulation and licensing of adult entertainment establishments in the City; 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. Youmans made a motion to approve the Ordinance with the amendment that we leave in the alcohol and the nudity, seconded by Mr. Judson.

 

                                    Ms. Youmans requested a roll call vote.

 

                                    Ms. Adams -                no                    Ms. Youmans -            yes

                                    Mr. Judson -                yes                   Ms. McCord -             no

                                    Ms. Lord -                   yes

 

                                    The motion carried.

 

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

Residency                     for the City of Forest Park, Georgia, to repeal certain portions of

Requirements -             Section 9-2-2- of the Code of Ordinances of the City pertaining to

Retail sale of liquor:       residency requirements for obtaining a City License for the retail sale of liquor by the package; to maintain all other applicable regulations and prohibitions on such sales; 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. Youmans.  Voting for the motion was unanimous.

 

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

HUD Funding               City Council of Forest Park, Georgia to apply for HUD funding

Through CDBG            through the Community Development Block Grant Program      

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, realignment of Lake Drive and Main Street, replacement                                        of the Recreation Building Roof and replacement of Community                                                 Buildings 3 & 4 with one large facility and to accept the HUD                                        funding through the CDBG Program once it becomes available and                                for other lawful purposes.

 

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

 

Comments:                   Ms. Lord reminded everyone of the Neighborhood Watch Meeting                                           scheduled for Thursday at 6:30 p.m. at the Police Department.

 

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

 

                                    The meeting adjourned at 8:30 p.m.