M I N U T E S
REGULAR MEETING OF MAYOR AND COUNCIL OF DECEMBER 2, 2008
Call to Order:†††††††††††††† The Regular Meeting of Mayor and Council of December 2, 2008 was called to order by Mayor Corine Deyton at 7:00 p.m.
Invocation:††††††††††††††††††† The invocation was given by Bishop Fortson of Paradise Church of God in Christ 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, Maudie McCord and Debbie Youmans.
††††††††††††††††††††††††††††††††††† Also present were City Manager John Parker, Director of Finance Mike Blandenburg, Major Tommy Orr, Captain Jamie Reynolds, Detective Cotrell, Director of Support Services Christine Terrell, Director of Planning, Building and Zoning Steve Pearson, Director of Public Works Mike Gippert, Chief Eddie Buckholts, Deputy Director of Recreation and Leisure Services Sharon Smith, Management Analyst Angela Redding and City Attorney Joe Harris.
Approval of minutes:†††† Ms. Adams made a motion to approve the minutes of the Work Session of Mayor and Council of November 17th, the regular meeting of Mayor and Council of November 17th and the Special Meeting of Mayor and Council of November 19th, seconded by Ms. McCord.† Voting for the motion was unanimous.
Comment Period:††††††††† No comments made by public.
Recess:†††††††††††††††††††††††† Ms. Lord made a motion to recess to hold a Public Hearing, seconded by Ms. Adams.† Voting for the motion was unanimous.
††††††††††††††††††††††††††††††††††† Mayor Deyton opened the Public Hearing to receive comments with regard to the proposed amendment to City Code, Title 9, Chapter 12 of the Code of Ordinances 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.
††††††††††††††††††††††††††††††††††† Mayor Deyton asked if there was anyone present to speak.
Public Hearing:†††††††††††† Ms. Suzanne Coe, attorney for the Crazy Horse and Pink Pony South spoke.† She handed out copies of zoning verifications submitted by Tops Show Bar and a letter from the owner.† She explained on March 6, 2008, the zoning verification stated there is no intent to perform construction or renovation at this location and attached to that, on March 4, 2008, a letter received by the City from the owner of that property, says that there is extensive damage to both the exterior and interior of the building to the point where extensive repairs are necessary to make the building safe and functional and submits a report.† She said she is not sure how they will open a bar in a place, by their own admission is unsafe to exist in.
††††††††††††††††††††††††††††††††††† She also addressed the new ordinance proposed to regulate adult industries. First, she called attention to the Charter of the City which basically says acts of the City (which includes approving Tops License and would include Ordinances for adult entertainment) which have the force and effect of the law, shall be enacted by ordinance (Section 2-30 of the Charter) In the Charter, it also says no Ordinance shall be adopted on the same day it is introduced an sets forth the procedures, and from her understanding has not been abided by (Section 2-31b) more importantly in Section 2.32 that the Mayor has to approve or disapprove ordinances set forth in another provision of the Charter, which says that the Mayor has within 7 days of the actual passage of an ordinance to veto any resolution or ordinance of Council.† She said both the application† for Tops which would be a Resolution or Ordinance and the new proposed adult entertainment ordinance both would fall under Section 2.32B, under the mandatory terms of that Section, it would not have the affect of law if voted on unless the passage of 7 days occurred which is in the Charter.† In order to change this, she said you would have to hold a referendum of your voters; she would like for the Council to be aware that neither of these decisions would become law until the expiration of 7 days and the issuance of any license prior to the signing would be invalid under the City Charter and/or Georgia statutory law which corresponds to that.† She said since these are ministerial acts, that these would basically expose the individual issuer of the license to liability individually and they care very much about this.† She asked when the proposed ordinance was available to the public because they had significant trouble obtaining this until tonight.††† ††
††††††††††††††††††††††††††††††††††† Mr. Allan Begner spoke.† He stated he is the lawyer for Tops Showbar, the applicant for alcohol and adult licensing at the old location, next to what is now the Crazy Horse.† He stated he has practiced first amendment law and has helped open these businesses in every suburb.† He said his only interest is seeking licensing at an old location for Terry Stephenson and Tops Showbar. He does not represent the owner of the land, A-Group or Larry White.† He said having looked at the Cityís alcohol licensing ordinance, he was able to conclude, that it ran afoul of clear law throughout the 11th circuit of Georgia in several respects and would be easily stricken if not amended† and he hopes they will amend it.† And he thinks their application which pre-dates the anticipated changes which are necessary, would easily entitle them to the licensing.† †
Villines, attorney for Mia Luna and Red Eyed spoke concerning the proposed
ordinance.† He said if you look at
9-12-1, finding of public purposes, basically what this is, is the preamble
that sets forth the negative secondary effects on adult establishments and that
is needed to get over constitutional muster.†
He said it is seriously constitutionally flawed because the City
basically plagiarized the
Judge is why you didnít rely
Lunsford stated she did not like the Adult entertainment and the said most of
our City residents donít like the adult entertainment. She said I would
appreciate that you consider this because each one of you are residents of
††††††††††††††††††††††††††††††††††† Roy Lunsford
stated you were put in these positions by the people of
††††††††††††††††††††††††††††††††††† Dennis Williams said he doesnít want another competitor right next door to him. For this size City, two clubs, weíre fortunate, we put these clubs in areas where there arenít houses or residents and he understands a lot of people donít like the business and that is acceptable.† He said what he doesnít understand is what are you folks doing?† We are not defending the idea of another club here; we donít want another club here.† We have been here 15 years, we have been good business people to the community, this all started out when we had a landlord and we wouldnít appeal to his greed.† So we moved next door to proper zoning, proper distance requirements and a proper area to do this.† And for some reason, there is an 800 pound gorilla in the room somewhere that has influenced this council to start taking measures to change laws and direction to allow another club to come in and that other person is the property owner or client of Mr. Begnerís.† The bottom line is, this doesnít make sense, we have been good citizens, supported the citizens in their community efforts with the seniors, we have paid millions of dollars of taxes to the City over 15 years and never had issues and now there is an 800 lb. gorilla banging on the table, we want to have our adult club because we made a smart business and economic move to move next door.† He said how many ball teams has the A-Group sponsored over the years, how many seniors have they helped, how many turkeys have they given out, how many fans have they given out, support to the Fire Department, the Police Department, all those 15 years and all those dollars we have paid, permit fees, taxes, being good neighbors, being friendly to the community.† He said bottom line this is wrong. He said we made our application, jumped through all the hoops, went to the letter of the law to put in the Pink Pony South and Crazy Horse legally.†
††††††††††††††††††††††††††††††††††† Ms. Adams made a motion to close the Public Hearing, seconded by Ms. Lord.† Voting for the motion was unanimous.
Renewal of retail†††††††††† Ms. Youmans made a motion to approve the following requests for
Alcohol licenses:†††††††††† renewal of a retail alcohol license for beer and wine, seconded by Ms. Adams.† Voting for the motion was unanimous.††
Nobel Business Enterprises, Inc. Happy Shop
Lioness Alizaís Den, Inc. La Morenita,
SNZ, Inc. D/B/A Chevron Food Mart,
New On-Premises††††††† Request was made to consider a new on-premises consumption
Consumption †††††††††††††† alcohol license for liquor, beer and wine from Tops Sales and
license:†††††††††††† Services, Inc. Tops
††††††††††††††††††††††††††††††††††† Ms. Lord made a motion to table this request, seconded by Mr. Judson.† Voting for the motion was unanimous.
Ordinance -††††††††††††††††† Request was made to consider an Ordinance by the City Council of
Buffer Zone††††††††††††††††† the City of
Protection Program ††††† agreement for a 2007 Buffer Zone Protection Program Grant,
Grant:†††††††††††††††††††††††††† Award Year 2007 in the amount of one hundred eight two thousand eight hundred and seventy five dollars to be added into the budget of the Police Department; to provide an effective date; and for other purposes.
††††††††††††††††††††††††††††††††††† Ms. Adams 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
Title 9, Chapter 12:†††††† for the City of Forest Park, Georgia, to amend Title 9, Chapter 12
(Adult†††††††††††††††††††††††††† of the Code of Ordinances of the City pertaining to the regulation
Entertainment)††††††††††††† 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.†††
††††††††††††††††††††††††††††††††††† Mr. Judson made a motion to table this Ordinance, seconded by Ms. McCord.† Voting for the motion was unanimous.
Other Business:†††††††††††† Ms. Youmans made a motion to suspend the rules and add a Resolution to the agenda for consideration, seconded by Ms. Adams.† Voting for the motion was unanimous.
Resolution to †††††††††††††† Ms.Youmans made a motion to approve the Resolution by the City
Purchase Real†††††††††††††† Council for the City of Forest Park, Georgia, to authorize the
Estate (763-771 ††††††††† Mayor to execute a Real Estate purchase agreement to provide for
Main Street)†††††††††††††††† the acquisition of certain real estate in the City for less than appraised value and not to exceed the amount specified herein; to provide for severability; to repeal all Resolutions and parts of Resolutions in conflict herewith; an effective date; and for other purposes.† Seconded by Ms. Adams.† Voting for the motion was unanimous.††
Adjournment:††††††††††††††† Ms. Youmans made a motion to adjourn, seconded by Ms. McCord.† Voting for the motion was unanimous.
††††††††††††††††††††††††††††††††††† The meeting adjourned at 7:30 p.m.