M I N U T E S
REGULAR MEETING OF MAYOR AND COUNCIL
OF
Call to Order: The Regular Meeting of Mayor and Council of
Invocation: The invocation as given by Pastor Wesley Green of the Amazing
Grace World Outreach Church followed by the Pledge of Allegiance to the
American Flag.
Roll Call: Mayor Corine Deyton, Mayor Pro-tem Sparkle Adams,
Councilwomen Debbie Youmans, Maudie McCord, Linda Lord and Councilman Donald
Judson.
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, Deputy Director of Recreation and
Leisure Services Mike Gippert, Management Analyst Angela Redding, Chief Eddie
Buckholts, Major Chris Matson and City Attorney Joe Harris.
Invocation: The invocation was given by Pastor Wesley Green of
Approval of Ms. Adams made a motion to approve the minutes of the
Minutes: Work Session of May 19th, the Regular
Meeting of May 19th, the Work Session of May 14th, the
Budget Meeting of May 20th and the Budget Meeting
of May 22nd, seconded by Ms. Youmans. Voting for the motion was unanimous.
Comment Period: Leroy spoke concerning city issues in general.
Brian
Spiers, attorney representing the A-Group, an
organization that has pending litigation against the City. He asked that the City not do anything. He stated the City has an ordinance that
purports to be neutral but is not. He
stated this ordinance modifies the methodology by which distance is measured
between organizations that are operating commercial establishments that sell
alcohol. He stated the only function
served by the modification of this ordinance would be to align the council with
one side of a two sided argument. He
stated there is an argument between two commercial organizations, one that
wishes to move from its current site to a nearby one and to carry with it a
right to operate that the A-Group firmly believes is held to itself. He urged the Council and suggested that the
consideration of the distance measurements is solely and only to enable Red
Eyed to open. He urged the Council and continue with the equal protection of the law and not favor
one over another. He urged the Council
to stay neutral and let the court decide.
Mr.
Roy Lunsford inquired about the Park on
Mr.
Darnell Moorer spoke and informed everyone that this
coming Saturday, June 7th at
Tracy
Graham Lawson spoke. She stated she is
running for District Attorney in
Terry
Stephenson spoke concerning the distance requirement ordinance. He stated he is the prospective tenant at the
point in time when the current tenant is no longer on the property. He stated this ordinance could have a
catastrophic effect on his ability to run a business at that location and asked
the City to stay neutral on this subject.
Paulette
King spoke. She stated she was an
employee of Mr. Stephenson’s and asked the Council to not change the Ordinance
because it would be damaging to them as a business there.
Ms.
Tasha Mosley spoke.
She stated she was a candidate for Solicitor General of Clayton County
and asked for support on July 15th in the primary.
Mr.
Forrest Webb spoke. He thanked the
Council for supporting the young people at
Mr. Dominick Webb spoke. He wanted to personally thank the Council for
allowing
Mr.
Aubrey Villanes spoke concerning the distance
ordinance. He asked that Council clarify
the statute by making the change that is needed. It does not benefit either party because they
can’t function at 3950 and we can’t function at 3920 without this change. He stated this change is totally
neutral.
Public Hearing: Mr. Judson made a motion to recess for a Public Hearing,
seconded by Ms. Adams. Voting for the
motion was unanimous.
City Code Title 9, Mayor Deyton opened the Public Hearing to
receive
Chapter 12, comments with regard to the proposed amendment
to
Section
Mr.
Chuck Driebe, an attorney for the A-Group spoke. He stated 3950 is grandfathered because the
zoning was obtained in 1993. He stated
there is pending a petition filed by the City against the A-Group and Red Eyed,
Inc. requesting the court to decide who should have the license. He stated the changed for measuring distances
would change from the straight line method to the street method. He stated the zoning ordnance Section
Mr.
Aubrey Villanes spoke. He stated 3950 is not grandfathered in. 3950 is not in an Adult zoning, Red-eyed,
Inc. was grandfathered in. 3920 is zoned
adult, 3950 is not zoned adult. He
listed documents given to Red Eyed, Inc. from the City. He stated he has relied upon the City’s
representation in giving them all those documents to allow them to move and if
they are unable to move, it will be to their detriment. He stated both
properties need this change.
Forrest
Webb spoke. He stated the Council should
let this matter go through the Court. He
stated the community gets a lot of positive things from the Crazy Horse Saloon
that should be considered.
Mr.
David Brown, attorney representing the A-Group.
He stated this needs to be decided by the Court and not by the
Council. He stated his client is trying
to get Red Eyed, Inc. evicted from failure to pay rent and for violations of
the law within that establishment.
Mr.
Estes spoke. He stated the Council
should let the Court decide this.
Leroy
spoke. He asked what the actual amendment is.
Mr.
Harris addressed the Council. He stated
the code does have two different methods of measuring and they are in
conflict. He stated in regard to
measuring alcohol under the alcohol code it is by the route of travel, but it
is unclear as to which method should be applied in this case and this ordinance
would clarify this and change it from a straight line method to a route of
travel, just like every other alcohol measurement in the City Code. He stated he did not think adopting this
ordinance is taking one side or another in this landlord tenant dispute.
Leroy
stated he felt the City Council does have the discretion to make this decision.
Mr.
Darnell Moorer spoke.
He stated the City Council has the authority and it is within their
right and proper moving and guidance to make a decision here.
Ms.
Adams made a motion to close the Public Hearing, seconded by Ms. Lord. Voting for the motion was unanimous.
Ms.
Youmans made a motion to reconvene the meeting, seconded by Ms. Lord. Voting for the motion was unanimous.
Mayor
Deyton reconvened the meeting.
Transfer of funds: Request was made to transfer funds from the
Department of Finance – Line Item 100-22-1510-54-2502 (Capital Outlay) in the
amount of $1,500 to Line Item 100-22-1510-58-3000 (Fiscal agent Fees) to cover
bank fee charged to set up line of credit with bank.
Mr.
Judson made a motion to approve the request to transfer funds, seconded by Ms.
Adams. Voting for the motion was
unanimous.
Transfer of funds: Request was made to transfer funds from the
Department of Finance – Line Item 100-22-1510-51-1101 (Salaries) in the amount
of $10,000 to Line Item 100-22-1510-52-3201 (postage) in the amount of $6,000
and Line Item 100-22-1510-52-3401 (Printing) in the amount of $4,000 to cover
additional postage, due to timing of purchase during fiscal years and to cover
underestimate of printing needs.
Mr.
Judson made a motion to approve the request to transfer funds, seconded by Ms.
Adams. Voting for the motion was
unanimous.
Ordinance - Request was made to consider an Ordinance by the City
Appropriation Council for the City of
of funds-Police appropriate additional funds in the amount of $14,000.00
Department: to cover increased electric utility costs for Police
Department; to repeal all Ordinances and parts of 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. McCord. Voting for the motion was unanimous.
Ordinance - Request was made to consider an Ordinance by the City
Appropriation of Council for the City of
Funds – Finance appropriate additional funds in the amount of $10,000 to
Department: cover added computer equipment maintenance costs for
Finance Department; to repeal all Ordinances and parts of Ordinance in conflict
herewith; to provide an effective date; and for other purposes.
Ms.
Lord made a motion to approve the Ordinance, seconded by Mr. Judson. Voting for the motion was unanimous.
Ordinance –Title Request was made to consider an Ordinance
by the City
9, Chapter 12 Council for the City of Forest Park, Georgia, to amend
Section 9-12-12: Title 9, Chapter 12, Section 9-12-12 of
the Code of Ordinances of the City, so as to clarify and make consistent the
method of measuring distances pertaining to premises licensed to sell alcoholic
beverages; to provide for severability; to repeal all ordinances and parts of
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. Youmans. Voting for the motion was unanimous.
Resolution- Request was made to consider a Resolution authorizing
963 & 975 South the Director of Public Works to enter onto
private
Avenue & 964 & property to clean a drainage ditch between
963 and 975
Street: of
Ms.
Adams 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 authorizing
580 & 586 Kay the Director of Public Works to clean a
drainage ditch on
Street: private property between 580 and 586 Kay
Street, Forest Park, Georgia, 30297; to provide for severability; and for other
purposes.
Ms.
McCord made a motion to approve the Resolution, seconded by Ms. Adams. Voting for the motion was unanimous.
Ordinance - Request was made to consider an Ordinance by the City
Use of E911 Council for the City of Forest Park, Georgia, to
authorize
Funds to the use of E911 Funds in the amount of
$130,000.00 to be
Upgrade added to the E911 Budget for upgrade of the
Communications
Center: 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.
Ordinance - Request was made to consider an Ordinance by the City
Additional Council for the City of Forest Park, Georgia, to
authorize
Services with the Mayor to execute additional services with Pond and
Pond & Company: Company for the Sidewalk to Schools, Phase
III and Transit Oriented Pedestrian Projects.
Mr.
Judson made a motion to approve the Ordinance, seconded by Ms. Lord. Voting for the motion was unanimous.
Comments by Ms. Lord thanked everyone for coming out Saturday
Governing Body: afternoon to the Ward 5 Community meeting.
Ms.
Adams informed everyone of the 1st Annual Forest Park Senior Expo
being held on June 20th from 10 a.m. until 2 p.m. at Stanford
Stadium.
Adjournment: Ms. Youmans made a motion to adjourn, seconded by Ms.
Lord. Voting for the motion was
unanimous.
The
meeting adjourned at 8:00 p.m.