M I N U T E S

 

REGULAR MEETING OF MAYOR AND COUNCIL OF FEBRUARY 2, 2009

 

 

 

 

 

Call to Order:               The regular Meeting of Mayor and Council of February 2, 2009 was called to order by Mayor Corine Deyton at 7:00 p.m.

 

Invocation:                    The invocation was given by Rev. Barrett Williams of Jesus Life Ministries 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 Debbie Youmans, Linda Lord and Maudie McCord.

 

                                    Also present were City Manager John Parker, Director of Finance Mike Blandenburg, Director of Public Works Mike Gippert, Deputy Director of Recreation and Leisure Services Sharon Smith, Director of Support Services Christine Terrell, Director of Planning, Building and Zoning Steve Pearson, Asst. Fire Chief Ray Clark, Det. Cotrell, Management Analyst Angela Redding and City Attorney Joe Harris.

 

Approval of minutes:     Mr. Judson made a motion to approve the Work Session and Regular Meeting of Mayor and Council of January 20, 2009, seconded by Ms. McCord.  Voting for the motion were Mr. Judson, Ms. Lord and Ms. McCord.  Ms. Youmans and Ms. Adams abstained.

 

Comment Period:          Mr. Allen Begner spoke. He stated he appeared before Council two weeks ago and submitted his arguments for why the Tops Showbar Adult entertainment license could not constitutionally be tabled.  He submitted two letters to Mayor and Council, also listing the constitutional challenges to the Ordinances and to the decision and he must do this in order to not waive them in an anticipated lawsuit.  He said he talked with the City Attorney about this and he would readopt and re-allege everything in the letter and in the argument and asked they make them a part of his demand today, again that the adult entertainment license be taken off the table and as you know the reason to table, a moratorium is inapplicable to us. In the moratorium, it says it does not apply to us.  Their application was pending five months before the Crazy Horse application was filed.  He asked that he be allowed to readopt what was in evidence two weeks ago.  The City Attorney recommended this and Council agreed.  He said he was just told by the City Attorney that even though the Tops application for alcohol is on with no exceptions, the Council may vote to either table it or vote against it.  He said if that is a possibility he would like to speak about that.  He said he cannot begin to tell them how unhappy it makes him to think that this long un-ruled upon alcohol application with no moratorium as a pretext could be denied now when he has never been given a reason.  He further spoke about this alcohol application.  He said he was surprised that the “no exceptions noted” provision is being withdrawn.

 

                                    Mr. Begner stated he would like Mayor and Council to tell him what “no exceptions noted” has been changed to, what exceptions are now noted.  He stated they are entitled to an alcohol license independent of the adult entertainment license, they are two separate codes.  He said we have always met the requirements for it, it has nothing to do with our adult entertainment license application, that is different rules. He has never had a reason given to us why it did not meet the requirements and he knows of none.  It did not even need the modifications that you were willing to do to let Crazy Horse open illegally.  He said we are entitled to it, in so far as you think, that we should not get it because we might violate the adult entertainment law if we have it, I submit to you that you may not deny the license, the requirements for which we meet in anticipation of the possibility that we will violate the law. He said we do not intend to violate the law, we intend to knock out the law and operate an alcohol establishment within the law until a judge rules otherwise.  Lastly, he said it is trial by ambush if you now pull out a reason and say you are denying the alcohol license when I have not been given notice of grounds with the ability to respond.

 

                                    Mr. Darnell Moorer spoke.  He stated as a resident of Forest Park he is very concerned that at the intersection of Jonesboro Road and I-285, that he and his children will see many adult cabarets and adult entertainment on Jonesboro Road. He said when he worked on Stewart Avenue in the 70’s and 80’s, with the adult entertainment establishments there, he saw prostitution which came along with them.  He said the idea that we may have more adult establishments this close to our community, and is about to become a breeding ground, we are not satisfied with it.  He understands if you say no tonight, you have a lawsuit.  He said we are citizens who believe in you, and we chose you to be our leaders and we want you to lead our community and stand up.  He said Forest Park is a very unique City and there are a number of us that chose to live here and we want to live here.  Forest Park has already had its battle with the airport, but we chose to live in this City and we don’t want our City run over by adult establishments.  We trust that you, our representatives, will take heed and adhere to the wishes of the citizens of Forest Park.  He said we don’t need it, one is enough.

 

                                    Mr. Aubrey Villines spoke.  He stated  there are grounds for refusal.  He sent a letter to everyone regarding Ordinance 9.2-8(c) which deals with landlord and tenants sharing directly in any other way in the profits of a lessee’s activity in connection with the sale of alcoholic beverages. He said it takes only a very brief look at their lease to realize they are sharing somewhere.  He read from the lease:  (tenant shall provide records of the landlord’s sales) it talks about gross sales from an applicable period.  Tenant shall maintain gross sales of no less than $100,000 per month within 6 months of the date of the operation.  He said why would you have all that in there if there is not some sort of sharing regarding sales.  He said he knows it says the tenant shall not pay the landlord percentage rent.  Your ordinance is not about that, it’s about sharing in the profits of that activity.  That is one reason and one ground you could rely on.  The second you need to look no further than the zoning verification filed with the application.  Is there intent to perform construction or renovations at this location to accommodate the proposed business activity?  Yes – no, they checked no, there have been massive renovations done since they moved out.

 

                                    Mr. Dennis Williams spoke.  He stated he echoed what Mr. Moorer said.  He stated we do not need the competition and he said he knows they are addressing only the liquor license this evening, but to him, it’s just a foot in the door to bring in an adult establishment.  He said Mr. Moorer mentioned that if you pass this tonight, or don’t pass it, there is going to be a lawsuit.  Regardless, there will be a lawsuit.  He said in his experience with the City and opening other establishments, we are required to have a Certificate of Occupancy before we could be put on the agenda, and he doesn’t think that exists.  He said also we are required to have a business license before we could be put on the agenda to be heard for a beverage license, let alone an adult entertainment license.  He said he didn’t believe that exists either.  He said whatever the criteria is, was required of us, Red Eyed, Inc. apparently if it’s selective, as far as if it’s required for Tops.  The other point he said he would like to make is Mr. Begner is a good lawyer; Mr. Villines is a better one.  He said for 15 years, the beverage ordinances and adult entertainment ordinances have had no constitutional challenge, now all of a sudden its challenge. He said it’s been challenged because somebody wants to get in there because they have a loss of something, greed, whatever the elements are.  He said bottom line, the ordinances were fine all these years and now somebody wants to get in and put a third establishment in this town and challenge all the ordinances to do it.  He said rightfully they can but look beyond that, why are they there, why are they challenging it.  Why are the citizens upset another one is coming in.  He said he understands their frustration.  He said to please weigh out, do they have a CO, a business license, do they also meet the distance criteria between license establishments. He said there is 1000 foot rule still on the books, is that being applied to them, getting on the agenda tonight. 

 

Presentation:                 Mr. Rob LeBeau of the Atlanta Regional Commission was present to discuss the LCI Program.  Mr. LeBeau explained this program has been in effect since 1999 and the City received LCI funding back in 2001.  He stated the funding for this program ends this year in 2009 and will go back to the ARC Board and ask for additional funding, and we would hope the City would support that as well.

 

                                    He stated there are three basic principles that the program looks at is to: encourage a mix of land uses, multiple transportation modes and public involvement.    He stated Forest Park received a study grant in 2001, it was a $52,000 study that ARC provided 80% of the funds, with 20% local match.  He stated a supplemental study was done in 2002 to do the Farmers Market Analysis and Development Plan.  He also stated Forest Park received a Downtown Pedestrian Improvement Project and the right-of-way is now certified and the City is working on final plans for the field plan review.  Once that is approved, GDOT will give authorization to bid that project.

 

                                    Mr. LeBeau stated in order to receive funding for additional projects the first step is to get the project on our pre-qualify list so if there are other projects identified in the LCI Plan that you would like funding for, the next time they have a call for projects, he encouraged the City to submit a project.

 

On-Premises                The request for a new on-premises consumption alcohol license for

Consumption -              liquor, beer and wine from Tops Sales & Services, Inc. Tops

Tops Sales &               Showbar, 3950 Jonesboro Road, no exceptions noted, was

Service:                        previously tabled at the December 2nd meeting.          

 

                                    Ms. Youmans made a motion to remove from the table the request for an on-premises consumption alcohol license from Tops Sales and Service, seconded by Ms. Adams.  Voting for the motion was unanimous.

 

                                    Ms. Youmans made a motion to approve the on-premises consumption alcohol license for liquor, beer and wine from Tops Sales and Service, Inc. Tops Showbar, 3950 Jonesboro Road, seconded by Ms. Lord.

 

                                    Ms. Youmans requested a roll call vote.

 

                                    Ms. Lord -                   no

                                    Ms. McCord -             no

                                    Mr. Judson -                no

                                    Ms. Youmans -            no

                                    Ms. Adams-                 no

 

                                    The motion failed.

 

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

Appointment of             Council of the City of Forest Park, Georgia, for appointment of

Absentee Ballot            David Painter to the Forest Park Board of Elections to serve as

Clerk & Registrar:        Absentee Ballot Clerk and Registrar; and for other purposes.

                                                  

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

 

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

Appointment of             Council of the City of Forest Park, Georgia, for appointment of

Managers & Asst.        Louise Etheridge to the Forest Park Board of Elections to serve as

Managers:                    Manager and Jerome Golden and Joyce Phillips to serve as Assistant Manager; and for other purposes.

 

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

 

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

Appointment of             Council of the City of Forest Park, Georgia, for appointment to the

Deputy Registrars         Forest Park Board of Elections to serve as Deputy Registrars and

& Asst. Absentee         Assistant Absentee Ballot Clerks of Elections; and for other

Ballot Clerks:                purposes.

 

                                    Ms. Lord made a motion to approve the Resolution to appoint Lori Muise, Tiffanie Byrd, Debra Brandenburg and Regina Ivie to serve as Deputy Registrars and Assistant Absentee Ballot Clerks, seconded by Ms. Adams.  Voting for the motion was unanimous.

 

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

Increase in                    Authority for the City of Forest Park, Georgia, to provide for an

Compensation for         increase in compensation for Members of the Governing Authority

Members of the            in accordance with O.C.G.A. Section 36-35-4; to provide that said

Governing Body:           increase shall not take effect until January, 2010, on the date when the members of the Governing Authority who were elected in November, 2009 are sworn into office; to provide for severability; to repeal all Ordinances and Resolutions and parts of Ordinances and Resolutions in conflict herewith; and for other purposes  

 

                                    Ms. Youmans 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 Council

Appropriation of           for the City of Forest Park, Georgia, to appropriate additional

Funds:                          funds in the amount of $17,000.00 to cover estimated costs in the Capital Outlay Account of the Legislative Office; to repeal all Ordinances and parts of Ordinances in conflict herewith; to provide an effective date; and for other purposes.

                   

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

 

Resolution -                  Request was made to consider a Resolution by the City Council for

Intergovernmental         the City of Forest Park, Georgia, to authorize the Mayor to execute

Agreement with the       an Intergovernmental Agreement with the Development Authority

Development                of the City of Forest Park, Georgia to provide for periodic funding

Authority:                     of redevelopment activities through the Authority by the City; to provide that the timing and amounts of such appropriations shall be in the sole and exclusive discretion of the City’s Governing Body; to provide for severability; to repeal all resolutions and parts of resolutions in conflict herewith; to provide an effective date; and for other purposes.

 

                                    Ms. Youmans 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 City Council of

Surplus Property:          the City of Forest Park declaring certain City property listed on Exhibit A to be surplus property and to provide for its proper disposal either by auction or other methods pursuant to the City’s ordinances; and for other purposes. 

                                   

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

 

Comments:                   Ms. Lord reminded everyone of the Neighborhood Watch Meeting Tuesday night at 6:30 p.m. at the Police Department.

 

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

 

                                    The meeting adjourned at 8:00 p.m.