Atlanta city council minutes november 16, 1998
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Committee Vice-Chairperson Dorsey sounded the above item, noted that the Recommendation from the Committee was to Adverse, and therefore so Moved. Subsequently, a lengthy discussion ensued wherein Councilmember Woolard stated, for the Record, that when 98-O-1715 was up for consideration by the Committee, several persons who attempted to relay concerns on the issue did nothing to help her understand their position on the matter. Ms. Woolard noted that instead, there was yelling and blatant disrespect to the members of the Committee and the general public. Therefore, Ms. Woolard insisted that when citizens are voicing their opinions on different issues it is important that they think about the substantiveness of their platform when speaking. Ms. Woolard then requested clarification from Mr. Morris on the issue of 98-O-1715 and his reason for introducing it. Mr. Morris responded accordingly and a lengthy discussion ensued but concluded with Councilmember Boazman’s Motion to Call the Question. Properly Seconded, the Motion CARRIED by voice vote. Subsequently, Ms. Dorsey restated the Motion to Adverse which then CARRIED by a roll call vote of 8 yeas; 5 nays.ADVERSED BY ROLL CALL VOTE OF 8 YEAS; 5 NAYSActing Council President Pro-Tem Jim Maddox Presided COMMITTEE REPORTS (CONT’D) PUBLIC SAFETY & LEGAL ADMINISTRATION COMMITTEE (2) SHERRY DORSEY, VICE-CHAIR RESOLUTIONS Committee Vice-Chairperson Dorsey requested that items (1) through (10) below be sounded together, considered and voted with a collective vote. There was no objection, so Ms. Dorsey consequently sounded the items and on behalf of the Committee, Made a Motion to Adverse. However, Councilmember Thomas requested clarification of the items and Ms. Dorsey responded accordingly. Ms. Thomas subsequently spoke against the Motion and stated for the Record, that during the committee meeting, the subjects of the following claims were promised a public hearing to be given the opportunity to be heard on their individual claims. She further noted that the items were Tabled by the committee for two weeks certain to allow time for a public hearing to be scheduled and to accommodate Chairperson Martin’s schedule. However, Ms. Thomas added that as of then, a hearing had not been scheduled and the claimants had not been given an opportunity to be heard. Consequently, Ms. Thomas Made a Substitute Motion to Refer items (1) through (10) below Back to Committee, which was properly Seconded. A lengthy discussion ensued wherein Acting Council President Pro-Tem Jim Maddox asked City Attorney Susan Langford to give her opinion regarding the legalities which gives a public hearing to persons that have legal claims against the City and if such a process had been allowed in the past. Ms. Langford stated, for the Record, that her opinion would be based on her own recollections of involvement of the Law Department. Ms. Langford then responded and discussion continued but was thwarted with Councilmember Emmons’ Motion to Call the Question. Properly Seconded, the Call CARRIED by voice vote and the Motion to Refer subsequently FAILED by a roll call vote of 6 yeas; 7 nays. Consequently, discussion reverted back to the initial Motion to Adverse which subsequently CARRIED by a roll call vote of 9 yeas; 4 nays. At the conclusion of the vote, Councilmember Thomas raised a Point of Order and stated for the Record, her belief that all the claims are not before the Council, and noted that items (1) through (10) below are specifically in litigation. However, Councilmember Winslow responded that a member of the Law Department staff had informed her of the items that were in litigation and items (1) through (10) were not included. Acting Council President Pro-Tem Jim Maddox Presided COMMITTEE REPORTS (CONT’D) PUBLIC SAFETY & LEGAL ADMINISTRATION COMMITTEE (3) SHERRY DORSEY, VICE-CHAIR RESOLUTIONS (CONT’D) 98-R-1421 ( 1) Claim of Design Masters/Taste The Tropics, Supreme Concessions, and Spyros Food Vending, Inc. for damages alleged to have been sustained as a result of damages on July 19, 1996 on Spring Street. (Adversed In Committee By 4-Yeas 2-Nays) ADVERSED BY ROLL CALL VOTE OF 9 YEAS; 4 NAYS 98-R-1422 ( 2) Claim of DBJ Enterprises, for damages alleged to have been sustained as a result of damages between January, 1996 and September 6, 1996 on various downtown locations. (Adversed In Committee By 4-Yeas 2-Nays) ADVERSED BY ROLL CALL VOTE OF 9 YEAS; 4 NAYS 98-R-1423 ( 3) Claim of Block Party, L.L.C., for damages alleged to have been sustained as a result of vending restrictions on July 14, 1997 at an undisclosed location. (Adversed In Committee By 4-Yeas 2-Nays) ADVERSED BY ROLL CALL VOTE OF 9 YEAS; 4 NAYS 98-R-1424 ( 4) Claim of Tillman Ward and The Atlanta Welcome Center Hospitality Vendors, for damages alleged to have been sustained as a result of vending restrictions on July 19, 1996 through August 3, 1996 at 503 Rhodes Street, NW. (Adversed In Committee By 4-Yeas 2-Nays) ADVERSED BY ROLL CALL VOTE OF 9 YEAS; 4 NAYS 98-R-1427 ( 5) Claim of Larry T. Miller, for damages alleged to have been sustained as a result of the relocation of a vending booth on July 15, 1996 at Capitol Avenue. (Adversed In Committee By 4-Yeas 2-Nays) ADVERSED BY ROLL CALL VOTE OF 9 YEAS; 4 NAYS 98-R-1428 ( 6) Claim of Stanley Hambrick, for damages alleged to have been sustained as a result of the relocation of a vending booth on July 15, 1996 on Capitol Avenue. (Adversed In Committee By 4-Yeas 2-Nays) ADVERSED BY ROLL CALL VOTE OF 9 YEAS; 4 NAYS Acting Council President Pro-Tem Jim Maddox Presided COMMITTEE REPORTS (CONT’D) PUBLIC SAFETY & LEGAL ADMINISTRATION COMMITTEE (4) SHERRY DORSEY, VICE-CHAIR RESOLUTIONS (CONT’D) 98-R-1429 ( 7) Claim of Mildred Brandy, for damages alleged to have been sustained as a result of the relocation of a vending booth on July 15, 1996 on Capitol Avenue. (Adversed In Committee By 4-Yeas 2-Nays) ADVERSED BY ROLL CALL VOTE OF 9 YEAS; 4 NAYS 98-R-1069 ( 8) Claim of Denise P. Robinson, for damages alleged to have been sustained as a result of the relocation of a vending booth on July 15, 1996 on Capitol Avenue. (Adversed In Committee By 4-Yeas 2-Nays) ADVERSED BY ROLL CALL VOTE OF 9 YEAS; 4 NAYS 98-R-1571 ( 9) Claim of Delicia T. Hill, for damages alleged to have been sustained as a result of vending restrictions on July 15, 1996 at vending site 5-22. (Adversed In Committee By 4-Yeas 2-Nays) ADVERSED BY ROLL CALL VOTE OF 9 YEAS; 4 NAYS 98-R-1965 (10) Claim of Earnest C. Marshall as President, International Vendors and Vice President Black Vendors of Atlanta, for damages alleged to have been sustained as a result of civil rights violations during 1996 Olympics. (Adversed In Committee By 4-Yeas 2-Nays) ADVERSED BY ROLL CALL VOTE OF 9 YEAS; 4 NAYS Acting Council President Pro-Tem Jim Maddox Presided COMMITTEE REPORTS (CONT’D) CITY UTILITIES COMMITTEE (1) CLAIR MULLER, CHAIR Attendance at the November 10, 1998 meeting of the City Utilities Committee was as follows: Present: Councilmembers Muller (Chair), Starnes, Morris, Moore, and Maddox Absent: Councilmember Martin and Alexander ITEM REMOVED FROM CONSENT AGENDA RESOLUTION 98-R-2142 ( 1) A Resolution by City Utilities Committee as substituted to authorize the Mayor to execute a temporary easement agreement with Post Properties, Inc., for a time period not to exceed twelve months for the purpose of allowing Post Properties to improve access to Piedmont Park via Eleventh Street by installing a paved sidewalk and stairs and by improving the stormwater drainage system from Eleventh Street to the existing swale in Piedmont Park by removing the existing concrete flume and installing a piped drainage system to the existing swale with outlet protection for erosion control into the swale; and for other purposes. Committee Chair Muller sounded the above item and noted that she requested that it be removed from the Consent Agenda to allow for a Substitute to be brought forward and she so Moved. Properly Seconded, the Motion CARRIED by voice vote. Ms. Muller provided brief clarification and subsequently Made a Motion to Adopt on Substitute. Properly Seconded, the Motion CARRIED by a roll call vote of 12 yeas; 0 nays. ADOPTED ON SUBSTITUTE BY ROLL CALL VOTE OF 12 YEAS; 0 NAYS Acting Council President Pro-Tem Jim Maddox Presided COMMITTEE REPORTS (CONT’D) ZONING COMMITTEE (1) DOUG ALEXANDER, CHAIR Attendance at the November 10, 1998 meeting of the Zoning Committee was as follows: Present: Councilmember Alexander (Chair), McCarty, Starnes, Bond, Winslow, and Boazman Absent: Councilmember Emmons ORDINANCES FOR SECOND READING Acting Council President Pro-Tem Jim Maddox announced that Councilmember Dorsey was excused from the meeting at that time. 98-O-1943 ( 1) An Ordinance by Zoning Committee to grant a special use U-97-60 permit for a communications tower in an R-3 (Single Family Residential) district [Section 16-05.005(1) (i)] for property located at 2530 Benjamin E. Mays Drive, S.W., and for other purposes [as ordered by the United States District Court for the Northern District of Georgia – Atlanta Division]. NPU – 1 Council District 11 Committee Chairperson Alexander sounded the above item, provided clarification and on behalf of the Committee, Made a Motion to Adopt. He noted that approval of 98-O-1943 had essentially been mandated by a Court Order. Consequently, a brief discussion ensued. City Attorney Susan Langford was requested to provide an opinion regarding the alternative, if any that members may have, as well as the consequences members of Council could suffer if they do not approve 98-O-1943. Ms. Langford stated that the Council has no alternative but to approve 98-O-1943 based on the fact that a U.S. District Court Judge has incorporated a court order which mandates approval. The Motion to Adopt subsequently CARRIED by a roll call vote of 10 yeas; 2 nays. ADOPTED BY ROLL CALL VOTE OF 10 YEAS; 2 NAYS Acting Council President Pro-Tem Jim Maddox Presided COMMITTEE REPORTS (CONT’D) ZONING COMMITTEE (2) DOUG ALEXANDER, CHAIR ORDINANCES FOR SECOND READING (CONT’D) 98-O-0536 ( 2) An Ordinance by Zoning Committee to rezone property Z-98-4 from the R-3 (Single Family Residential) District to the PD-H (Planned Development-Housing) District, property located at 4362 Wieuca Road, NW; and for other purposes. Applicant: Old Wieuca Mill, LLC Owner: Jon L. Johnston NPU-B Council District 7 Committee Chair Alexander sounded the above item and on behalf of the Committee, Made a Motion to Adverse. Properly Seconded, the Motion CARRIED by a roll call vote of 11 yeas; 1 nay. However, later in the meeting, Councilmember Bond announced that he had voted incorrectly on 98-O-0536 and therefore requested that someone who had voted in the affirmative, Make a Motion to Reconsider. A proper Motion was Made, Seconded and CARRIED by voice vote. The Motion to Adverse again CARRIED but with a roll call vote of 12 yeas; 0 nays. ADVERSED BY ROLL CALL VOTE OF 12 YEAS; 0 NAYS Acting Council President Pro-Tem Jim Maddox Presided COMMITTEE REPORTS (CONT’D) ZONING COMMITTEE (3) DOUG ALEXANDER, CHAIRMAN ORDINANCES FOR SECOND READING (CONT’D) 98-O-1343 ( 3) An Ordinance by Zoning Committee to rezone property Z-98-44 from the R-5 (Two-Family-Residential) District to the PD-H (Planned Development-Housing) District, property located at 305 and 310 Alaska Avenue, NE and 765 East Avenue, NE; and for other purposes. (Held 9/30/98) NPU-M Council District 2 Committee Chairperson Alexander sounded the above item and on behalf of the Committee, Made a Motion to File. However, Mr. Alexander requested clarification regarding the reason for filing the item and Councilmember Starnes responded. Ms. Starnes stated for the Record that once the applicant develops a comprehensive plan that does not violate the Community Redevelopment Plan, she would re-introduce the item as a personal paper. Ms. Starnes further stated that if the applicant re-submits the legislation within a 2 year period and should any fees apply, she would work to have them waived. Mr. Alexander stated that if the applicant does re-configure the paper to a satisfactory plan, then he would co-sign on Ms. Starnes’ personal paper. Consequently, 98-O-1343 was FILED without objection. FILED WITHOUT OBJECTION Acting Council President Pro-Tem Jim Maddox Presided COMMITTEE REPORTS (CONT’D) ZONING COMMITTEE (4) DOUG ALEXANDER, CHAIR ORDINANCES FOR SECOND READING (CONT’D) 98-O-1721 ( 4) An Ordinance by Councilmember Lee Morris as Z-98-58 substituted and amended by Zoning Committee to rezone property from R-3 (Single-Family Residential) District to PD-H (Planned Development-Housing) District, property located at Phipps Boulevard, NE, fronting 597.33 feet on the northerly side of Phipps Boulevard beginning at the northwest corner of Wieuca Road and Phipps Boulevard. Depth: Varies Area: 5.885 acres Land Lot 44 17th District, Fulton County, Georgia Applicant: Ashwood Development Company NPU-B Council District 7 ADOPTED ON SUBSTITUTE AS AMENDED BY ROLL CALL VOTE OF 12 YEAS; 0 NAYS 98-O-2011 ( 5) An Ordinance by Zoning Committee to grant a certificate MRPA-98-5 under the provisions of the Metropolitan River Protection Act for 17,288 square feet of impervious surface for a raised terrace and arbour by an existing pool, property located at 3015 Rivermeade Drive, NW (Lot 31A), 2.646 acres in Land Lot 241, 17th District, Fulton County, Georgia. (Public Hearing Held 11/10/98) ADOPTED BY ROLL CALL VOTE OF 9 YEAS; 0 NAYS Acting Council President Pro-Tem Jim Maddox Presided COMMITTEE REPORTS (CONT’D) ZONING COMMITTEE (5) DOUG ALEXANDER, CHAIR ORDINANCES FOR FIRST READING Committee Chairperson Alexander requested that items (1) through (12) below be sounded together and Referred to the appropriate committee by a single action. In due course, the items were sounded together and Referred to the Zoning Review Board and Zoning Committees without objection. Leg. Track. # Zon. No. Location & Change NPU CD 98-O-2144 ( 1) Z-98-69 2060 Mt. Paran Road, NW A 8 (R-LC-C to C-1-C) REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE WITHOUT OBJECTION 98-O-2145 ( 2) Z-98-70 310 Ormond Street, SE W 1 (R-5 to RG-2) REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE WITHOUT OBJECTION 98-O-2146 ( 3) Z-98-71 973 Edgewood Ave., NE N 2 (R-LC to RG-3C) REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE WITHOUT OBJECTION 98-O-2147 ( 4) Z-98-72 4110 Paces Ferry Ave., NW A 8 (R-1 to PD-H) REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE WITHOUT OBJECTION 98-O-2148 ( 5) Z-98-73 360 Pharr Road, NE B 7 (C-1-C to C-1) REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE WITHOUT OBJECTION Acting Council President Pro-Tem Jim Maddox Presided COMMITTEE REPORTS (CONT’D) ZONING COMMITTEE (6) DOUG ALEXANDER, CHAIR ORDINANCES FOR FIRST READING (CONT’D) Leg. Track. # Zon. No. Location & Change NPU CD 98-O-2149 ( 6) Z-98-74 1353 and 1361 DuPont O 5 Avenue 1356, 1362 & 1366 Wylie St., SE (R-4 to R-LC) REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE WITHOUT OBJECTION 98-O-2150 ( 7) Z-98-75 2045 Marietta Road, NW D 9 (R-4 to PD-H) REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE WITHOUT OBJECTION 98-O-2151 ( 8) U-98-29 150 Moore Street & 276 M 2 Decatur Street, SE (Group Home)
(Community Service Facility) REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE WITHOUT OBJECTION 98-O-2153 (10) U-98-31 2672 Browns Mills Road, SE Z 12 (Community Service Facility) REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE WITHOUT OBJECTION 98-O-2154 (11) U-98-32 3280 Northside Drive, NW C 8 (Communication Tower)
(Day Care Center) REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE WITHOUT OBJECTION 98-O-2156 (13) CDP-98-35 1353, 1359 and 1361 DuPont O 5 Avenue 1356, 1362 & 1366 Wylie St., SE (R-4 to R-LC) Committee Chairperson Alexander sounded the above item individually and, without objection, it was Referred to Community Development/Human Resources and Zoning Committees. REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES & ZONING COMMITTEES WITHOUT OBJECTION Acting Council President Pro-Tem Jim Maddox Presided COMMITTEE REPORTS (CONT’D) COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE (1) “ABLE” MABLE THOMAS, VICE-CHAIR Attendance at the November 9, 1998 meeting of the Community Development/Human Resources Committee was as follows: Present: Councilmembers Moore (Chair), McCarty, Dorsey, Woolard, Boazman, Thomas, and Alexander ORDINANCES FOR SECOND READING 98-O-1107 ( 1) An Ordinance by Councilmembers Cathy Woolard and Lee Morris to provide for three (3) public hearings a year. On Enterprise Zone applications, effective January 1, 1999; and for other purposes. FILED WITHOUT OBJECTION 98-O-1828 ( 2) An Ordinance by Councilmembers Michael Bond, Cleta Winslow and Cathy Woolard to waive construction permit fees for the construction of a playground at 201 Vine Street, located at the intersection of Vine and Spencer Streets in Vine City, northwest Atlanta; and for other purposes. Committee Vice-Chairperson Thomas sounded the above item, provided clarification, and Moved to File. 98-O-1828 was subsequently FILED without objection. Directory: citycouncil -> 1998 -> Minutes -> docs docs -> Atlanta city council docs -> Wednesday, October 14, 1998 docs -> Atlanta city council docs -> Atlanta city council docs -> Atlanta city council minutes november 2, 1998 Download 275.5 Kb. Share with your friends:
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