Atlanta city council minutes november 16, 1998



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11/16/98

ATLANTA CITY COUNCIL
MINUTES
NOVEMBER 16, 1998

The Atlanta City Council met in a regular scheduled meeting Monday, November 16, 1998. The Meeting convened at 1:02 P.M. in the Council Chambers at City Hall. The roll was called and a quorum was declared.


PRESIDER: Acting Council President Pro-Tem Jim Maddox presided.
The following members (13) were present at the Meeting:


The Honorable Vern McCarty

The Honorable Debi Starnes

The Honorable Michael J. Bond

The Honorable Cleta Winslow*

The Honorable Sherry Dorsey

The Honorable Cathy Woolard

The Honorable Lee Morris

The Honorable Clair Muller

The Honorable Jim Maddox

The Honorable Derrick Boazman

The Honorable Mable Thomas

The Honorable Julia Emmons*

The Honorable Doug Alexander*







  • Member was not in attendance at time of Convenement Roll Call.


ABSENT: Council President Pitts, Councilmembers Felicia Moore and C.T. Martin were absent.
INVOCATION: Chaplain Kenneth Rodgers of the City of Atlanta Police Chaplancy Program gave the invocation.
PLEDGE OF ALLEGIANCE: The Council recited the Pledge of Allegiance to the flag of the United States of America.
REPORT OF THE JOURNAL: Ms. Rhonda Dauphin Johnson, Municipal Clerk, certified to the Council and to the Committee on Council that the Minutes of the Regular November 2, 1998 Meeting of the Atlanta City Council were true and correct. The Minutes were FILED without objection.
THE ADOPTION OF THE AGENDA: The Agenda for the November 16, 1998 Council Meeting was ADOPTED without objection.

TABLE OF CONTENTS
Page

CONSIDERATION OF VETOED LEGISLATION 3
SPECIAL RECOGNITION/PRESENTATIONS 5
REMARKS BY THE PUBLIC 8
UNFINISHED BUSINESS 10
CONSENT AGENDA SECTION I 12
CONSENT AGENDA SECTION II 36
COMMITTEE REPORTS 40
CITY UTILITIES 50

Clair Muller, Chair
COMMITTEE ON COUNCIL 61

Jim Maddox, Chair
COMMUNITY DEVELOPMENT/HUMAN RESOURCES 58

Felicia Moore, Chair
FINANCE/EXECUTIVE 63

Lee Morris, Chair
PUBLIC SAFETY AND LEGAL ADMINISTRATION 46

C.T. Martin, Chair
TRANSPORTATION 41

Julia Emmons, Chair
ZONING 51

Doug Alexander, Chair
PERSONAL PAPERS 71
ANNOUNCEMENTS 78
GENERAL REMARKS 80
ADJOURNMENT 82
ROLL CALL VOTES 84


VETOED LEGISLATION

Acting Council President Pro Tem Jim Maddox Presided
VETOED LEGISLATION
98-O-0117 ( 1) A Substitute Ordinance by Committee on Council amending Section 2-399(2) of the Code of Ordinances so as to provide for the full-time assignment of a City Attorney to the City Council staff.
The above legislation was Adopted by Council on October 19, 1998 and Vetoed by the Mayor on November 9, 1998. The legislation was returned to the Municipal Clerk with the appropriate Veto Message, which she read into the Record. Councilmember Morris Moved to Override the Veto, and it was properly Seconded. Discussion ensued but concluded with Councilmember Boazman’s Motion to Call the Question. Properly Seconded, the Call CARRIED by a voice vote. The Motion to Override then FAILED by a roll call vote of 6 Yeas; 7 Nays. Therefore, the Mayor’s Veto was SUSTAINED and 98-O-0117 was consequently FILED.
MOTION TO OVERRIDE FAILED BY ROLL CALL VOTE/ LEGISLATION FILED

Councilmembers Alexander, Winslow and Emmons asked that their arrival to the meeting be

Recorded by the Municipal Clerk at this time. Therefore, by directive of Acting Council President

Pro-tem Jim Maddox, their arrival was so noted.

SPECIAL RECOGNITION

/PRESENTATIONS

Acting Council President Pro-Tem Jim Maddox Presided
SPECIAL RECOGNITION/PRESENTATIONS

In Memoriam
Finance/Executive Committee Chairperson Morris announced that the wife of Mr. Harry Parks, an employee in the City of Atlanta’s Finance Department, died recently and that her funeral was being held that day. Consequently, Mr. Morris requested a moment of silence in memory of Mrs. Parks.
Councilmember Thomas announced the passing of Kwame Ture, formerly known as, Stokely Carmichael, a noted Civil Rights Movement Activist. Ms. Thomas noted appreciation for his work and stated that he would surely be missed by those who benefited most from his revolutionary efforts.

Presentations
A Motion to Suspend the Rules of Council was Made, properly Seconded and CARRIED without objection to allow for the following recognition, presentations and/or proclamations:
Councilmember Maddox presented on behalf of himself, Council President Pitts, and all members of Council, former Municipal Clerk Olivia Parks Woods with a proclamation honoring her for 26 years of dedicated service to the City of Atlanta. Mrs. Woods, who was joined at the podium by all members of Council, as well as her husband Mr. Lee Woods, expressed sincere thanks and heartfelt appreciation to the members of Council for their acknowledgement. She noted that it was an honor and a privilege to have worked for the City; having served four mayors and seven city councils during her tenure. Mrs. Woods also introduced her husband, Mr. Lee Woods and noted that he was truly the “wind beneath her wings”. Mrs. Woods was recognized by Council and members of the audience with a standing ovation.

Councilmember Maddox presented Major T.A. Knox of the City of Atlanta Police Department with a proclamation honoring her for an outstanding job in promoting and teaching community awareness and preventive measures in the Zone 4 police precinct in Southwest Atlanta. Mr. Maddox read the Proclamation into the Record and noted that the proclamation was on behalf of himself and Council President Robb Pitts. The proclamation established Monday, November 16, 1998 “T.A. Knox Day” in the City of Atlanta. Major Knox expressed sincere thanks and warm appreciation for the honor, stated that it is a pleasure working with the Councilmembers in her district and that she truly loves Zone 4. Major Knox acknowledged her husband, retired Police Captain Knox, who stood beside her at the podium.
Acting Council President Pro-Tem Jim Maddox Presided
SPECIAL RECOGNITION/PRESENTATIONS (CONT’D)

Special Recognition
Councilmember Dorsey recognized the students in Council District 5 who brought hand painted signs to the Council meeting in celebration of the “Clean and Beautiful District 5” campaign. The campaign is a partnership with the City, sanitation department, schools and 5th Council District parents in an initiative to bring schools, community and the city together. Representatives of the campaign spoke in favor of the beautification program and members of Council acknowledged the group’s efforts with applause. Acting Council President Pro-Tem Maddox expressed appreciation to the students as well for their hard work and beautiful signs.

Councilmember Boazman recognized students from his Alma Mater, Morris Brown College, who were present to observe the proceedings of the City Council as a part of their political science class assignment. The students stood and were acknowledged by members of the Council.

Acting Council President Pro-Tem Maddox acknowledged that former Councilmember Dozier Smith was present in the audience.

In conclusion, Acting Council President Pro-Tem Maddox asked for a Motion to Return to Regular Session. The requested Motion was Made, properly Seconded and CARRIED without objection.


REMARKS BY THE PUBLIC
Acting Council President Pro-Tem Jim Maddox Presided
REMARKS BY THE PUBLIC

Council President Pro-Tem Jim Maddox noted the Rules of Council regarding public remarks. The following persons signed up to speak before the Council.1


  1. Ms. Zeda Sartor

  2. Honorable Billy McKinney, State Representative

  3. Mr. Dave Walker

  4. Mr. David Powell

  5. Ms. Evelyn Bailey

  6. Mr. Shawn Ergle

  7. Mr. Thomas Fagbamaiye

  8. Mr. Ben Ezekoli

  9. Mr. Eddie Okwaraocha

  10. Mr. David Abakaye

  11. Mr. Andy Mote

  12. Ms. Sally Flocks

  13. Mr. Paul Zucca

  14. Mr. John Newcomb *

  15. Dr. Brown

  16. Mr. Sherman Barge

  17. Mr. James H. Malone

  18. Mr. Dexter Porter

  19. Mr. Ivory Young

  20. Mr. Tom Lewis

  21. Mr. Don Lear

  22. Mr. Brad Stone**



* Asked that his/her time be deferred to allow someone else to speak

** Signed up to speak but did not address the Body.


UNFINISHED BUSINESS

Acting Council President Pro-Tem Jim Maddox Presided
UNFINSHED BUSINESS
98-C-1901 ( 1) A Communication by Mayor Bill Campbell appointing Mr. Dan Metzler to the Tree Conservation Commission for a term of two (2) years, effective upon the date of Council Confirmation. (Held, 10/19/98)

Due to oversight, the above item was not reported during the UNFINISHED BUSINESS portion. However, later during the Meeting, the Clerk informed Acting Council President Pro-tem Maddox that 98-C-1901 needed to be considered as Unfinished Business. Therefore, the Clerk sounded the above item and noted that Councilmember Woolard requested it Tabled in the November 2, 1998 meeting. Ms. Woolard then requested that it remain on the Table. Mr. Maddox relayed Ms. Woolard’s request to the Council and hearing no objection, 98-C-1901 remained TABLED without objection.
TABLED WITHOUT OBJECTION

CONSENT AGENDA

SECTION I

Acting Council President Pro-Tem Jim Maddox Presided
CONSENT AGENDA
SECTION I
There was no separate discussion of the following items except those that were removed from the Consent Agenda and considered separately per Rules for the Conduct of Business of the Council of the City of Atlanta (As Amended), Rule XI; Order of Business, SECTION 11.2; Consent Agenda.
The following CONSENT AGENDA SECTION 1 received a Favorable Recommendation and was Adopted in accordance with section 11.2 by the following roll call vote: 13 Yeas; Councilmembers McCarty, Starnes, Bond, Winslow, Dorsey, Woolard, Morris, Muller, Maddox, Boazman, Thomas, Emmons, and Alexander; 0 nays.

ORDINANCES FOR SECOND READING
TRANSPORTATION COMMITTEE - CLAIR MULLER, VICE-CHAIR
98-O-0568 ( 1) An Ordinance by Councilmembers Clair Muller and Doug Alexander as amended by Transportation Committee to install Traffic Signals at the intersections of Mount Paran Road and Randall Mill Road and Mount Paran Road and West Conway Drive.

ADOPTED AS AMENDED BY CONSENT ROLL CALL VOTE 13 YEAS; 0 NAYS
98-O-1724 ( 2) An Ordinance by Councilmember Cathy Woolard authorizing the installation of All-Way Stop Signs at the intersection of Myrtle Street, NE and Fourth Street, NE; and for other purposes.

ADOPTED BY CONSENT ROLL CALL VOTE OF 13 YEAS; 0 NAYS
98-O-1823 ( 3) An Ordinance by Councilmembers Sherry Dorsey, Vern McCarty, Debi Starnes, Cleta Winslow and Michael Bond as substituted and amended by Transportation Committee to amend Section 130-8 of the Code of Ordinances so as to create a Subparagraph Titled 130-8(a) Imposing Certain Restrictions on Scrap Tire Transportation on Vehicles in the City Limits of Atlanta; and for other purposes.

ADOPTED SUBSTITUTE AS AMENDED BY CONSENT ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Acting Council President Pro-Tem Jim Maddox Presided
CONSENT AGENDA (CONT’D)
SECTION I (CONT’D)
ORDINANCES FOR SECOND READING (CONT’D)
FINANCE/EXECUTIVE COMMITTEE – LEE MORRIS, CHAIR
98-R-1971 ( 4) An Ordinance by Finance/Executive Committee amending the 1998 (Water and Sewerage Renewal and Extension Fund) Budget by increasing anticipations and appropriations in the amount of $60,000,000.00 and transferring appropriations in the amount of $9,521,748.00 to fund Phase 3 of the R. M. Clayton Phosphorous Reduction Program; and for other purposes.

ADOPTED BY CONSENT ROLL CALL VOTE OF 13 YEAS; 0 NAYS
98-O-2128 ( 5) An Ordinance by Councilmembers Michael Bond, Cleta Winslow, “Able” Mable Thomas, Lee Morris and Derrick Boazman to increase specific annual alcohol beverage license fees; and for other purposes.
The above item was removed from the Consent Agenda by request of Councilmember Morris.
SEE FINANCE/EXECUTIVE COMMITTEE REPORT
98-O-2134 ( 6) An Ordinance by Councilmembers Michael Bond and Cleta Winslow amending the 1998 (Intergovernmental Grant Fund) Budget, Department of the Mayor, by adding to anticipations and appropriations in the amount of $75,000.00 from the Governor’s Office of Community Affairs Local Assistance for Clark Atlanta University School of Library Sciences to assist with program expenses; to authorize the Mayor to sign all necessary Grant Agreements; and for other purposes.

ADOPTED BY CONSENT ROLL CALL VOTE OF 13 YEAS; 0 NAYS
Acting Council President Pro-Tem Jim Maddox Presided
CONSENT AGENDA (CONT’D)
SECTION I (CONT’D)
ORDINANCES FOR SECOND READING (CONT’D)
PUBLIC SAFETY & LEGAL ADMINISTRATION COMMITTEE

SHERRY DORSEY,VICE-CHAIR
98-O-2009 ( 7) An Ordinance by Public Safety and Legal Administration Committee authorizing the settlement of all claims from the case of Harriette D. Watkins v. Charles F. Johnson, Magistrate Court of Fulton County, Civil Action File No. 98MS66329, for the amount of $3,250.68; to waive conflicting ordinances; and for other purposes.

ADOPTED BY CONSENT ROLL CALL VOTE OF 13 YEAS; 0 NAYS

CITY UTILITIES COMMITTEE – CLAIR MULLER, CHAIR
98-O-1984 ( 8) An Ordinance by City Utilities Committee amending the 1998 (Water and Sewer Renewal and Extension Fund) Budget by transferring to and from appropriations $199,231.62 for the purpose of funding Engineering/Prequalification Services for Amendment Agreement Number 6, FC-7008-98, East Area CSO and Intrenchment Creek WRC Improvements; and for other purposes.

ADOPTED BY CONSENT ROLL CALL VOTE OF 13 YEAS; 0 NAYS
98-O-1987 ( 9) An Ordinance by City Utilities Committee to construct a sewer in Ivy Road, NW beginning at the existing manhole (station 0+00) in Ivy Road, NW and extending southeast to approximately 500± feet, lying and being in Land Lots 62 and 63 of the 17th District, Fulton County, Georgia; and for other purposes.

ADOPTED BY CONSENT ROLL CALL VOTE OF 13 YEAS; 0 NAYS
98-O-2005 (10) An Ordinance by Councilmember Michael Bond changing the name of Ashby Place to T. P. Burruss, Sr. Dr.

ADOPTED BY CONSENT ROLL CALL VOTE OF 13 YEAS; 0 NAYS
Acting Council President Pro-Tem Jim Maddox Presided
CONSENT AGENDA (CONT’D)
SECTION I (CONT’D)
ORDINANCES FOR SECOND READING (CONT’D)
CITY UTILITIES COMMITTEE – CLAIR MULLER, CHAIR (CONT’D)
98-O-2112 (11) An Ordinance by Councilmembers Clair Muller and Felicia Moore as amended by City Utilities Committee authorizing the Mayor, or his designee the Commissioner of Public Works, to allow a thirty day extension to the Atlanta History Center’s Banner Permit; and for other purposes.

ADOPTED AS AMENDED BY CONSENT ROLL CALL VOTE OF 13 YEAS; 0 NAYS
98-O-2114 (12) An Ordinance by Councilmember Lee Morris authorizing the Commissioner of Public Works, on the behalf of the Mayor, to waive paragraphs (4) and (7) of Section 138-8, Atlanta City Code of Ordinances, for the issuance of a Banner Permit to the High Museum of Art; and for other purposes.

ADOPTED BY CONSENT ROLL CALL VOTE OF 13 YEAS; 0 NAYS
98-O-2115 (13) An Ordinance by Councilmember Lee Morris as amended by City Utilities Committee authorizing the Department of Public Works to install a sewer ejector pump at 971 Carter Drive, at no cost to the property owner.

ADOPTED AS AMENDED BY CONSENT ROLL CALL VOTE OF 13 YEAS; 0 NAYS
98-O-2125 (14) An Ordinance by Councilmembers Debi Starnes and Julia Emmons authorizing the Commissioner of Public Works, on behalf of the Mayor to waive paragraph (4), Section 138-8, Atlanta City Code of Ordinances, for the issuance of Banner Permit to the Jimmy Carter Library and Museum; and for other purposes.

ADOPTED BY CONSENT ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Acting Council President Pro-Tem Jim Maddox Presided
CONSENT AGENDA (CONT’D)
SECTION I (CONT’D)
ORDINANCES FOR SECOND READING (CONT’D)
COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

FELICIA A. MOORE, CHAIR
98-O-1475 (15) An Ordinance by Community Development/Human Resources Committee to create the Southside Industrial Park Extension Industrial Enterprise Zone; and for other purposes

ADOPTED BY CONSENT ROLL CALL VOTE OF 13 YEAS; 0 NAYS
98-O-2122 (16) An Ordinance by Councilmembers Doug Alexander and Felicia Moore as amended by Community Development/Human Resources Committee transferring appropriations in the amount of $140,000.00 for the purpose of funding CD-634, Northwest Corridor Study; and for other purposes.

ADOPTED AS AMENDED BY CONSENT ROLL CALL VOTE OF 13 YEAS; 0 NAYS
RESOLUTIONS
TRANSPORTATION COMMITTEE - CLAIR MULLER, VICE-CHAIR
98-R-2021 ( 1) A Resolution by Transportation Committee authorizing the award and execution of Contract FC 7006-98, Dispatch Center Improvements – Phrase II, (HIP #188) at Hartsfield Atlanta International Airport, with ADT Security Services, for a total cost to the City not exceed $2,159,000.00, to be charged to and paid from Fund, Account and Center Number: 2H21 574001 R21E01209999; and for other purposes.

ADOPTED BY CONSENT ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Acting Council President Pro-Tem Jim Maddox Presided
CONSENT AGENDA (CONT’D)
SECTION I (CONT’D)
RESOLUTIONS (CONT’D)
TRANSPORTATION COMMITTEE - CLAIR MULLER, VICE-CHAIR (CONT’D)
98-R-2022 ( 2) A Resolution by Transportation Committee authorizing the Mayor to approve Renewal Agreement No. 1 for FC-6601-96, Internet-World Wide Web Site and multimedia presentations with Information Architecture/Red Thread, a joint venture on behalf of the Department of Aviation in an amount not to exceed $42,550.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: 2H01 524001 R13001.

ADOPTED BY CONSENT ROLL CALL VOTE OF 13 YEAS; 0 NAYS
98-R-2023 ( 3) A Resolution by Transportation Committee authorizing the Mayor to execute Amendment No. 9 to the CPTC Lease with Atlantic Southeast Airlines, Inc., which shall provide for expansion of Gate C24 and modification of Gate C36 to improve ground level passenger access to aircraft with financing of the project cost by the City using Airport Revenue Bond Funds up to $4,228,263.00; and which shall provide for removal of underground storage tanks at Gate C36 on Concourse C-North, on the City’s behalf, with reimbursement of the cost of the tank removal project, up to an amount not to exceed $261,000.00, through credits against rentals due the City under the CPTC Lease; and for other purposes.

ADOPTED BY CONSENT ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Acting Council President Pro-Tem Jim Maddox Presided
CONSENT AGENDA (CONT’D)
SECTION I (CONT’D)
RESOLUTIONS (CONT’D)
TRANSPORTATION COMMITTEE - CLAIR MULLER, VICE-CHAIR (CONT’D)
98-R-2026 ( 4) A Resolution by Transportation Committee authorizing the Mayor to execute an Addendum No. 4 to Contract FC-6386-95 with Transportation Solutions, Inc., for Air Quality and Noise Program Services to the Department of Aviation at Hartsfield Atlanta International Airport, which shall authorize additional funding for services under the contract for the third year of the term thereof; authorizing the Aviation General Manager to issue Work Authorizations 98AN-10; 98AN-11; 98AN-12 for a total additional cost to the City not to exceed $350,000.00, to be paid from Fund, Account and Center Numbers: 2H26 524001 R21E060696AA ($100,000.00 under 98AN-10), 2H26 524001 R21E012696AA ($100,000.00 under 98AN-11) and 2H21 524001 R21E05079999 ($150,000.00 under 98AN-12); and for other purposes.

ADOPTED BY CONSENT ROLL CALL VOTE OF 13 YEAS; 0 NAYS

98-R-2030 ( 5) A Resolution by Transportation Committee authorizing the Mayor to execute an Addendum No. 5 to Contract FC-6384-95, with Camp Dresser McKee, Inc., for General Environmental Services to the Department of Aviation at Hartsfield Atlanta International Airport, which shall authorize additional funding for services under the contract for the third year of the term thereof; authorizing the Aviation General Manager to issue (7) work authorizations for a total additional cost to the City not to exceed $796,000.00, to be paid from the Fund, Account and Center Number: 2H21 524001 R21E05079999; and for other purposes.



ADOPTED BY CONSENT ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Acting Council President Pro-Tem Jim Maddox Presided
CONSENT AGENDA (CONT’D)
SECTION I (CONT’D)
RESOLUTIONS (CONT’D)
FINANCE/EXECUTIVE COMMITTEE - LEE MORRIS, CHAIR
98-R-2017 ( 6) An Amended Resolution by Finance/Executive Committee authorizing the Mayor to enter into Change Order No. 2 for FC-6687-86, Light Construction & Debris Removal, Contract Package #1 with Site Engineering, Inc. in an amount not to exceed $274,428.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: 1C39 524001 M24I013192BB; 1C39 524001 M24I012892BB.

ADOPTED AS AMENDED BY CONSENT ROLL CALL VOTE OF 13 YEAS; 0 NAYS
98-R-2028 ( 7) A Resolution by Finance/Executive Committee authorizing the Mayor to execute Change Order No. 3 to contract FC 6726-97, Airport Master Plan Consulting Services, with Path 2020 to provide for additional services to the Department of Aviation to complete the Airport Master Plan for Hartsfield Atlanta International Airport, for an additional cost to the City not to exceed $448,000.00, to be paid from Fund, Account and Center Number: 2H21 524001 R21E05079999; and for other purposes.

ADOPTED BY CONSENT ROLL CALL VOTE OF 13 YEAS; 0 NAYS
98-R-2035 ( 8) A Resolution by Finance/Executive Committee authorizing the Mayor to enter into a Renewal Agreement with the Hartford Life Insurance Company for FC-5582-93, Group Life Insurance establishing premium rates for Group Life Insurance for 1999; and for other purposes.

The above item was removed from the Consent Agenda by request of Councilmember Woolard.
SEE FINANCE/EXECUTIVE COMMITTEE REPORT

Acting Council President Pro-Tem Jim Maddox Presided
CONSENT AGENDA (CONT’D)
SECTION I (CONT’D)
RESOLUTIONS (CONT’D)
FINANCE/EXECUTIVE COMMITTEE - LEE MORRIS, CHAIR (CONT’D)
98-R-2135 ( 9) A Resolution by Councilmembers Cleta Winslow and Michael Bond authorizing the Mayor to apply for and accept a Local Assistance Grant from the State of Georgia Department of Community Affairs in the amount of $75,000.00 to assist Clark Atlanta University School of Library and Information Services with program expenses; to authorize the Mayor to sign all necessary grant agreements; and for other purposes.

ADOPTED BY CONSENT ROLL CALL VOTE OF 13 YEAS; 0 NAYS
98-R-2143 (10) An Amended Resolution by Finance/Executive Committee to express some of the policies the City Council would like to see reflected in the 1999 City of Atlanta Budget; and for other purposes.

The above item was removed from the Consent Agenda by request of Councilmembers Starnes and Boazman.
SEE FINANCE/EXECUTIVE COMMITTEE REPORT




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