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ATLANTA CITY COUNCIL
AGENDA
July 05, 2006
Note: A complete listing of items 5 and 8 may not appear in this version.
Order of Business
for the
Wednesday,
July 5, 2006
The
Honorable Lisa M. Borders,
Presiding
1:00
P.M.
1. Call to Order
2. Roll Call
3. Invocation
4. Pledge of Allegiance
Page
5. Proclamations, Commendations and other Special Awards 2
6. Remarks by the Public
7. Report of the Journal
8. Communications
9. Adoption of Agenda
10. Consideration of Vetoed Legislation 2
11. Unfinished Business
12. Consent Agenda 3
13.
Report of Standing Committees
Committee Chairs
Pages
City Utilities Committee Ceasar C. Mitchell 20
Zoning Committee Carla Smith 23
Committee on Council** Felicia A. Moore 46
Public Safety and Legal
Administration Committee Cleta Winslow 49
Community Development/Human
Resources Committee Jim Maddox 51
Transportation Committee* Clair Muller 56
Finance/Executive Committee Howard Shook 58
14. Personal Papers/Resolutions for immediate consideration
15.
Personal Papers and General Remarks
16. Adjournment: Roll Call
*
No Report
** No
Report at Time of Agenda Preparation
***
Items that did not appear on any committee’s regular printed agenda.
8.
COMMUNICATIONS
06C1459( 1) A Communication by Chief Procurement Officer Adam L. Smith submitting the May 2006 Monthly Contracts Report to the Atlanta City Council and Clerk of Council pursuant to Section 2-1142 of the Atlanta City Code of Ordinances.
RECOMMENDATION TO FILE
06C1460( 2) A Communication by Municipal Clerk Rhonda Dauphin Johnson submitting a report of administrative corrections made to previously adopted legislation between the Council’s regular meeting dates of June 19, 2006 and July 05, 2006 to the Atlanta City Council in accordance with Section 2-275 of the Atlanta City Code of Ordinances. (06R1173and 06-O-0386)
RECOMMENDATION TO FILE
06C1461( 3) A Communication by City Attorney Linda K. DiSantis submitting the May and June 2006 Report on outside counsel engagements pursuant to §2-407 of the Atlanta City Code of Ordinances.
RECOMMENDATION
TO FILE
10. CONSIDERATION OF VETOED LEGISLATION
06O1171( 1) A Substitute Ordinance by Finance/Executive Committee as amended amending the 2006/07 Annual Operating Budget; and for other purposes.
Ordinance 06O1171was adopted on substitute as amended at the regularly scheduled meeting of June
19, 2006. However, Mayor Shirley Franklin returned the ordinance with a line
item veto in reference to Amendment #5 (
LINE ITEM VETO
06O1334( 2) An Ordinance by Councilmembers Cleta Winslow and Howard Shook as amended by Finance/Executive Committee to amend Article “V” Classification Plan, Section 114-477, of the Code of Ordinances, City of Atlanta, Georgia, so as to abolish, create, reclassify, transfer, and salary adjust positions in support of the 2007 Budget; and for other purposes.
The above ordinance was adopted as amended at the regularly scheduled meeting held on June 19, 2006. However, Mayor Shirley Franklin returned 06O1334with a line item veto in reference to Amendment #2 (Moore #1) which changes the pay schedule for sworn Fire personnel by increasing the pay schedule by 3.5%.
LINE ITEM VETO
C O N S E N T
A G E N D A
There will be no
separate discussion of these items. If
discussion on any item is desired, the item will be removed from the Consent
Agenda and will be considered separately - excerpt from 11.2, Consent Agenda;
Rules for the Conduct of Business for the Council of the City of Atlanta.
SECTION I
ORDINANCES FOR SECOND
COMMUNITY DEVELOPMENT/
HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR
06O1067( 1) An Ordinance by Councilmember Jim Maddox amending the 2006 (Community Development Fund) Budget by transferring appropriations in the amount of $100,000.00 from Various CDBG Projects ready for closeout for the purpose of providing additional funds to cover the low bid for CD-648, Arthur Langford Park; and for other purposes.
06O1158( 2) A Substitute Ordinance by Community Development/Human Resources Committee amending the 2006 (Intergovernmental Grant Fund) Budget by adding to anticipations and appropriations funds to increase the Budget amount authorized by the U. S. Department of Housing and Urban Development (HUD) for the City of Atlanta Section 8 Moderate Rehabilitation Program (GA269MR0001/1 and GA269MR0001/2); and for other purposes.
06O1178( 3) CDP-06-31 An Ordinance by Community Development/Human Resources Committee to amend the Land Use Element of the City of Atlanta 2004-2019 Comprehensive Development Plan (CDP) so as to re-designate property that is located at 1989 College Avenue and 255 Howard Street Rear, NE, from the “Single Family Residential” Land Use Designation to the “Low Density Commercial” Land Use Designation; and for other purposes.
NPU-O Council District 5
06O1188( 4) CDP-06-44 An Ordinance by Community Development/Human Resources Committee to amend the Land Use Element of the City of Atlanta 2004-2019 Comprehensive Development Plan (CDP) so as to re-designate property that is located at 1947-1971 & 1962 St. Johns Circle, and 335-365 St. Johns Avenue, SE from the “Single Family Residential” and “Low Density Commercial” Land Use Designations to the “Medium Density Residential” Land Use Designation; and for other purposes.
NPU-Y Council District 12
06O1193( 5) CDP-06-46
An Ordinance by Community
Development/Human
NPU-N Council District 5
FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR
06O1447( 6)
An Ordinance by Councilmembers
RESOLUTIONS
CITY UTILITIES COMMITTEE - CEASAR C. MITCHELL,
CHAIR
06-R-1356 ( 1) A Resolution by City Utilities Committee authorizing the Mayor to enter into an Agreement with American Water Services Underground Infrastructure, Inc., for FC-3006007921 Annual Contract for Sewer Group One Rehabilitation Phase 1 Cure-In-Place-Pipe; said Contract shall be in an amount not to exceed $4,373,620.28; all contracted work shall be charged to and paid from Fund, Account and Center Number: 2J28 (2004 Water & Wastewater Bond Fund) 574001 (Facilities other than Buildings) Q38I02739999 (Sewer Group I Rehabilitation); and for other purposes.
06R1357( 2) A Resolution by City Utilities Committee to authorize payment of stipulated penalties imposed by the Environmental Protection Agency and the Environmental Protection Division of the Department of Natural Resources of the State of Georgia in the amount of $168,500.00 pursuant to the First Amended Consent Decree, Civil Action File No. 1:98-CV-1956-TWT; to identify the source of funding; and for other purposes.
06R1375( 3) An Amended Resolution by City Utilities Committee authorizing the Mayor to execute Amendment Agreement No. 9 for FC-6005007880, the Technical Assistance Agreement regarding water supply between the City of Atlanta, Cobb County-Marietta Water Authority, Dekalb County and the Atlanta-Fulton Water Resources Commission (Collectively “Participants”) and the Atlanta Regional Commission (“ARC”) to fund work in furtherance of the regional technical efforts related to water supply on behalf of the Department of Watershed Management in an amount not to exceed $300,000.00; all contracted work shall be charged to and paid from Various Fund, Account and Center Numbers.
06R1448( 4) A Resolution by Councilmember Ceasar C. Mitchell as substituted by City Utilities Committee authorizing payment of stipulated penalties imposed by the Environmental Protection Agency (EPA) and the Environmental Protection Division of the Department of Natural Resources of the State of Georgia (EPD) in the amount of $10,500.00 as stipulated penalties for the violation of CSO Fecal Coliform Operational Standards at the Tanyard CSO on June 12, 2006 and North Avenue CSO Facility on June 24, 2006 pursuant to the CSO Consent Decree, Civil Action File No. 1:95-CV-2550-TWT; to identify the source of funding; and for other purposes.
PUBLIC SAFETY AND LEGAL
ADMINISTRATION COMMITTEE – C. T. MARTIN,
VICE-CHAIR
06R1355( 5) A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to enter into a Lease Agreement with the Atlanta Housing Authority for the rental of 2,564 square feet of office space located at 676 Fair Street, Atlanta, Georgia, for the Department of Police Zone One Mini Precinct, for three consecutive twelve-month periods beginning on August 1, 2006, at a rental rate of $1.00 per year to be charged to and paid from Fund, Account and Center Number: 1A01 525001 X42001; and for other purposes.
06R1379( 6) A Resolution by Public Safety and Legal Administration Committee authorizing the settlement of all claims in the case of Shannon Walls v. the City of Atlanta, et al., United States District Court for the Northern District of Georgia, Civil Action File No. 1:04-CV-3662-GET, in the amount of $65,000.00; authorizing said payment to be charged to and paid from Fund 1A01 (General Fund), Account 529017 (Property Liquidation) and Center Number T31001 (Non-Departmental); authorizing the Chief Financial Officer to distribute the settlement amount; and for other purposes.
06R1437( 7) A Resolution by Public Safety and Legal Administration Committee to amend Resolution 06R1090authorizing payment in the amount of $1,027.32 in settlement of the claim of Herbert Robinson against the City of Atlanta; and for other purposes.
COMMUNITY DEVELOPMENT/
HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR
06-R-1177 ( 8) A Substitute Resolution by Community Development/Human Resources Committee authorizing the Mayor, on behalf of the Department of Planning and Community Development, Bureau of Housing, to enter into a Housing Assistance Payments (HAP) Contract Amendment with In-Pen Corporation and Del-Har, Inc. for the purpose of continuing the Section 8 Moderate Rehabilitation Program sponsored by the U.S. Department of Housing and Urban Development (HUD) in an amount not to exceed $301,221.00. All contracted work shall be charged to and paid from Fund, Account and Center Number 1B02 529002 Y46P0215BBA0; and for other purposes.
06R1326( 9) A Resolution by Councilmembers Joyce Sheperd, Anne Fauver and Ceasar C. Mitchell to support a Call to Action by the National Recreation and Park Association to promote, stimulate, protect, educate and enrich urban parks and recreation; and for other purposes.
06R1358(10)
A Resolution by Community Development/Human Resources Committee
authorizing the Mayor to enter into a contract on behalf of the Department of
Parks, Recreation and Cultural Affairs, with CDB Construction Company, Inc., for
FC-3006007903 for the purpose of renovating the Interior of the Perkerson Park
Recreation Center in an amount not to exceed $141,600.00.
All contracted work shall be charged to and paid from Fund, Account and
Center Number: 1B01 (Community Development Fund) 573001 (Facilities other than
Buildings) N12D0959A25A (
06R1359(11) A Resolution by Community Development/Human Resources Committee authorizing the Mayor to enter into a contract on behalf of the Department of Parks, Recreation and Cultural Affairs, with B. E. Guthrie Construction Company, Inc., for FC-3006007916 for the purpose of constructing a new entrance way for the Adamsville Recreation Center in an amount not to exceed $139,034.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: 1C22 (Park Improvements) 574001 (Facilities other than Buildings) N12D11B69999 (Ground and Site Improvements, City-Wide); and for other purposes.
06R1360(12) A Resolution by Community Development/Human Resources Committee authorizing the Mayor to enter into a contract on behalf of the Department of Parks, Recreation and Cultural Affairs, Bureau of Recreation (“City”), with Chef Anthony’s Catering and Cuisine, for FC-6005008015 for the purpose of providing annual catering services at the City’s various recreation centers pursuant to the cost proposal attached as Exhibit I. All funds shall be charged to and paid from Fund, Account and Center Numbers attached as Exhibit II; and for other purposes.
TRANSPORTATION COMMITTEE - CLAIR MULLER, CHAIR
06R1351(13) A Resolution by Transportation Committee authorizing the Mayor or her designee to execute an Airport Use License Agreement with Shuttle America Corporation for operations at Hartsfield-Jackson Atlanta International Airport; and for other purposes.
06R1352(14) A Resolution by Transportation Committee authorizing the Mayor or her designee to execute an Airport Use License Agreement with Cargoitalia S.P.A. for operations at Hartsfield-Jackson Atlanta International Airport; and for other purposes.
06R1353(15) A Resolution by Transportation Committee authorizing the Mayor or her designee to execute the First Renewal Term of Contract FC-7217-00B, Construction Management Services with Hartsfield-Jackson Construction Management, a joint venture, comprised of DMJM Aviation, Bovis Lend Lease, Luster CM, Inc., Construction Control Services of Georgia, LLC., and the Louis Berger Group, to provide Comprehensive Construction Management Services pursuant to the terms and conditions of the Contract; and for other purposes.
06R1438(16) A Substitute Resolution by Transportation Committee authorizing the Mayor or her designee to execute an Appropriate Contractual Agreement with the CSX Transportation, Inc., a Virginia Corporation, on behalf of the Department of Aviation for construction by City Contractors of Capitol Improvement Projects which encroach upon CSX Transportation, Inc, Rights-of-Way, and to execute permanent easements for Capitol Improvement Projects over CSX Transport, Inc. Rights-of-Way; and for other purposes.
FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR
06R1327( 17)
A Resolution by Councilmember
06R1365(18) A Resolution by Finance/Executive Committee authorizing the Mayor on behalf of the City of Atlanta, Department of Planning and Community Development, Bureau of Planning (City), to execute a Memorandum of Agreement with Cobb County and the PATH Foundation, Inc., for the purpose of participating in the Hermi’s Bridge Restoration Project (Project) wherein the City’s monetary contribution to the Project shall be in an amount not to exceed $55,000.00; and for other purposes.
06R1366(19) A Resolution by Finance/Executive Committee authorizing the Mayor to execute an agreement with Dell Marketing L.P. for the purchase of eighty-two (82) Dell Optiplex GX620 Computers, seventeen (17) Dell Latitude D810-Pentium M770 Computers and thirteen (13) Dell Latitude D810 Computers, utilize the State of Georgia Contract #A63307, Contract Code #N39913715, on behalf of the Department of Watershed Management, in an amount not to exceed $215,374.22; all contracted work to be charged to and paid from Fund, Account and Center Number 2J01 (Water & Wastewater Revenue Fund) 521105 (Supplies, Non-Consumable) Q71201 Technical Support); and for other purposes.
06R1377(20) A Substitute Resolution by Finance/Executive Committee authorizing the Mayor to enter into an agreement with Office Images, Inc., utilizing the State of Georgia Contracts #000008567 (Haworth) and #0000195717 (Intellaspace), for the purchase of office furniture on behalf of the Department of Watershed Management in an amount not to exceed $344,324.06; all contracted work will be charged to Fund, Account and Center Number 2J21 (Water and Wastewater Renewal & Extension Fund) 521105 (Supplies, Non-Consumable) Q71C04019999 (Call Center Services Project); and for other purposes.
06R1455(21) A Resolution by Finance/Executive Committee to authorize the Chief Financial Officer to pay invoices from ATC/C.E.R.M. Inc., for work done but for which a Notice to Proceed was not issued by the Bureau of Code Compliance; and for other purposes.
PUBLIC SAFETY AND LEGAL
ADMINISTRATION COMMITTEE – C. T. MARTIN,
VICE-CHAIR
Claims with favorable recommendations:
06R1380( 1)
Claim of William Eggleston, through his attorney, Michael Famiglietti,
for damages alleged to have been sustained as a result of an automobile accident
on January 28, 2006 at 3600 Martin Luther King, Jr. Drive, SW.
$7,800.00
06R1381( 2)
Claim of Ernestine Jones, for damages alleged to have been
sustained as a result of a vehicular accident on February 1, 2006 at 2905 3rd
Avenue. $2,069.80
06R1382( 3)
Claim of Amica Mutual Insurance Company, as subrogee of Andrew Sampson,
for damages alleged to have been sustained as a result of a vehicular accident
on January 11, 2006 at 651 14th Street, NW. $2,007.82
06R1383( 4)
Claim of Frances Thompson, for vehicular damages alleged to have
been sustained from an automobile accident on May 22, 2006 at
06R1384( 5)
Claim of Tracey Rockmore, through her attorney, Ronnie Mabra, Esq.,
John E. King & Associates, LLC, for vehicular damages alleged to have
been sustained from driving over a manhole that was elevated well above the
street level on June 9, 2005 at Deckner Avenue, SW and Fairbanks Street, SW.
$17,000.00
06R1385( 6)
Claim of Nancy Moore, for vehicle damages alleged to have been
sustained as a result of driving over an open construction cut on October 20,
2005 at 11th Street between West Peachtree and Peachtree Walk. $840.45
06R1386( 7)
Claim of Leporche Harris, for vehicle damages alleged to have been
sustained as a result of walking on an uncovered water meter box on January 30,
2006 at 738 Lexington Avenue.
$619.48
Claims with unfavorable recommendations:
06R1387( 8) Claim of Joseph Johnson, through his attorney, Waymon Sims, Attorney, East Atlanta Legal Associates, Inc., for bodily injuries alleged to have been sustained as the result of a vehicular accident on April 10, 2005 at the intersection of Donald Lee Hollowell Hwy., NW and Francis Place, NW.
06R1388( 9) Claim of Nasir Warsama, through his attorney, Sidney L. Moore, Jr. Esq., for damages alleged to have been sustained when the City failed to transfer and renew CPNC’s on December 30, 2005 at 675 Ponce de Leon Avenue, NE.
06R1389(10) Claim of April C. Phillips, for bodily injuries alleged to have been sustained due to falling into a sanitary sewer clean-out meter on June 15, 2005 at 1309 Cascade Falls Drive.
06R1390(11) Claim of Daniel McCarthy, through his attorney, Cornelius Calnan, for damages alleged to have been sustained as a result of an unspecified incident on August 27, 2005 at the Hartsfield-Jackson International Airport.
06R1391(12) Claim of Mattie P. Peoples, through her attorney, J. L. Jordan, Esq., for bodily injuries alleged to have been sustained from tripping on a broken section of sidewalk on February 28, 2004 at 164 West Wieuca Road.
06R1392(13) Claim of BellSouth, for damages alleged to have been sustained as a result of a water line being placed on August 25, 2005 at 1181 Lynhurst Drive.
06R1393(14) Claim of John Schindler, for damages alleged to have been sustained as a result of driving over a construction cut on October 22, 2005 at Johnson Ferry Road and Kayron Drive.
06R1394(15) Claim of Ingrid Lopez, through her attorney, Gary Schwartz, for damages alleged to have been sustained as a result of a slip and fall on January 21, 2006 at Hartsfield-Jackson International Airport.
06R1395(16) Claim for Bruce James, for damages alleged to have been sustained as a result of a trip and fall on April 28, 2006 at the Hartsfield-Jackson International Airport.
06R1396(17) Claim of Katie C. Jones, for damages alleged to have been sustained as a result of a slip and fall incident on a damaged water valve cover on December 10, 2003 at 478 Peachtree and Pine Streets.
06R1397(18) Claim of Darlene Johnson, for vehicular damages alleged to have been sustained due to vandalism on January 28, 2006 at 451 Magnolia Street, NW.
06R1398(19) Claim of Erika Zavala, through her attorney Albert Mitchell, for damages alleged to have been sustained as a result of sexual harassment on February 1, 2005 at Atlanta Workforce Development Agency, 818 Pollard Boulevard.
06R1399(20) Claim of Thalia Rodriquez, for damages alleged to have been sustained as a result of debris falling from a City vehicle on May 6, 2005 on Interstate 20 at Martin Luther King, Jr. Drive.
06R1400(21) Claim of Dikia G. Anderson, for damages alleged to have been sustained as a result of striking a damaged water valve cover on October 23, 2005 on Union Road.
06R1401(22) Claim of Sabahudin Halilovic, through his attorney, Richard N. Blevins, Jr., for damages alleged to have been sustained as a result of an arrest on January 13, 2005 in Tazwell County, Illinois.
06R1402(23) Claim of Lemonte Ingram, for damages alleged to have been sustained as a result of striking a cave-in in the roadway during construction on February 6, 2006 at 931 Coleman and Mary Streets.
06R1403(24) Claim of Jaworski Lewis, for bodily injuries alleged to have been sustained as the result of being arrested on May 5, 2005 at 2053 Chicago Avenue.
06R1404(25) Claim of Victor H. Wallace, for property damages alleged to have been sustained from a sewer backup on January 11, 2005 at 948 E. Rock Springs Road, NE.
06R1405(26) Claim of Paulette Brookins, through her attorney, Christina Wagner, for damages alleged to have been sustained as a result of a vehicular accident with an Atlanta Public School System vehicle on November 10, 2005 at Martin Luther King, Jr. Drive and Morris Brown Drive.
06R1406(27) Claim of Andre’ Howard, for damages alleged to have been sustained as a result of a MARTA bus accident on November 4, 2005 at 647 Magnolia Street.
06R1407(28) Claim of Vaverly S. Polly, for property damages alleged to have been sustained as the result of a sanitation truck parking in the claimant’s driveway in June of 2004 at 655 Gillette Avenue.
06R1408(29) Claim of Mr. and Mrs. Jesse Wright, through their attorney, Waymon Sims, Attorney, East Atlanta Legal Associates, Inc., for bodily injuries alleged to have been sustained as the result of a vehicular accident on April 10, 2005 at the intersection of Donald Lee Hollowell Hwy., NW and Francis Place, NW.
06R1409(30) Claim of George Gilmer, for property damages alleged to have been sustained when a driveway was destroyed by a Solid Waste Services vehicle on March 9, 2005 at 2690 Head Road.
06R1410(31) Claim of Jessie Gooden, through her attorney, Joan S. Pepe, Esq., Deming, Parker, Hoffman, Green & Campbell, for property damages alleged to have been sustained when a home was renovated July 18, 2000 at 2327 Leila Lane, SE.
06R1411(32) Claim of Hannibal Hendrix, for damages alleged to have been sustained as a result of a sewer backup on January 15, 2006 at 1723 Martin Luther King, Jr. Drive #C.
06R1412(33) Claim of Hamby Davis, for property damages alleged to have been sustained from a flooding due to storm sewer overflow in August 2005 at 515 Ralph David Abernathy Boulevard.
06R1413(34) Claim of Dr. Amaryllis N. Grogan, for damages alleged to have been sustained as a result of a sewer backup on January 15, 2006 at 1723 Martin Luther King, Jr. Drive #C&D.
06R1414(35) Claim of Flossie Grant, for property damages alleged to have been sustained from a flooding due to storm water overflow on July 8, 2005 at 416 Hopkins Street, SW.
06R1415(36) Claim of Jesse Gaither and Michael Bryant, through their attorney, Steven D. Apolinsky, for damages alleged to have been sustained as a result of flooding in June 2004 and March 2005 at 188 Polar Rock Road.
06R1416(37) Claim of David S. Owens, for damages alleged to have been sustained as a result of a sewer backup on May 19, 2006 at 4545 Harris Trail, NW.
06R1417(38) Claim of Donald W. Thurman and Mary C. Ehrler, for damages alleged to have been sustained as result of flooding on July 8, 2005 at 500 Means Street.
06R1418(39) Claim of Robert S. Winborne, for damages alleged to have been sustained from a sewer backup on October 28, 2005 at 2835 Howell Mill Road, NW.
06R1419(40) Claim of Roman Roberson and Heritage Square Apartments, through their attorney, Paul Munger, for damages alleged to have been sustained as a result of flooding due to clogged catch basins beginning October 7, 2005 at 1350 Mayson Turner Road, NW.
06R1420(41) Claim of Wanda Ward, for damages alleged to have been sustained as a result of flooding due to heavy rains on September 16, 2004 at 1018 Mayson Turner Road, NW.
06R1421(42) Claim of William James Reese, for damages alleged to have been sustained as a result of striking a “bulb out” during construction on September 13, 2005 on Peachtree Hills Avenue.
06R1422(43) Claim of SAFECO, as subrogee of Harjinder S. Ghuman, for damages alleged to have been sustained as a result of striking a pothole on February 9, 2006 on 14th Street.
06R1423(44) Claim of Cliff Lovette, for vehicle damage alleged to have been sustained as the result of striking a sewer line cave-in on December 1, 2004 at 1776 Peachtree Street, NW.
06R1424(45) Claim of Valencia Stephens, for vehicle damage alleged to have been sustained as the result of striking a sewer line cave-in on December 8, 2004 at 1781 Peachtree Road, NW.
06R1425(46) Claim of Amy Nguyen, for damages alleged to have been sustained as a result of striking a pothole on January 18, 2005 on Ponce de Leon Avenue, NE.
06R1426(47) Claim of Tommie Rodgers, through her attorney, Steven J. Morton, for damages alleged to have been sustained as a result of personal injuries on February 15, 2006 at the Hartsfield-Jackson International Airport.
06R1427(48) Claim of Willie Whitfield, through his attorney, Joel Roth, for damages alleged to have been sustained as a result of an automobile accident on December 2, 2005 at Auburn Avenue at Jesse Hill Drive.
06R1428(49) Claim of Liberty Mutual, as subrogee of Kathryn M. Suratt, for damages alleged to have been sustained as a result of an automobile accident on October 21, 2005 at Ponce de Leon Avenue, NE and Charles Allen Drive, NE.
06R1429(50) Claim of Aretha Manum, for damages alleged to have been sustained as a result of damages to her mailbox on February 7, 2006 at 1557 Van Vleck Avenue.
06R1430(51) Claim of Carol Williams, for damages alleged to have been sustained as a result of a slip and fall incident on February 9, 2006 at 68 Mitchell Street.
06R1431(52) Claim of Mechele Herring, for damages alleged to have been sustained as a result of a slip and fall incident on September 27, 2005 on Flat Shoals Avenue.
06R1432(53) Claim of Godson Exalus, through his attorney, Jeffrey Cease, for damages alleged to have been sustained as a result of an automobile accident on January 16, 2004 on Fairburn Road near Kenner Drive, SW.
06R1433(54) Claim of Alfred Reid, through his attorney, Betty B. Walker, Esq., Bush & Walker, for bodily injuries alleged to have been sustained when a street light fell on January 14, 2006 at 2167 Martin Luther King, Jr. Drive.
06R1434(55) Claim of Roger & Leslie Brown, through their attorney, W. Henry Clerke, IV, Esq., Bryman, Clerke & Kent, PA, for vehicular damages alleged to have been sustained due to a collision that resulted from a malfunctioning traffic light on September 10, 2005 at Barnett Street and Saint Charles Place.
06R1435(56) Claim of Janice M. White, through her attorney, Stephen D. Apolinsky, Esq., Apolinsky & Associates, LLC, for bodily injuries alleged to have been sustained when an x-ray table fell on March 31, 2006 at 68 Mitchell Street, SW.
06R1436(57) Claim of Madalin Keeble, as subrogee of Travelers Insurance Company, for vehicular damages alleged to have been sustained after striking two boulders that were located in the road on October 13, 2005 at West Peachtree Street and 13th Street.
CONSENT AGENDA SECTION II
ORDINANCES FOR FIRST READING
PUBLIC SAFETY AND LEGAL
ADMINISTRATION COMMITTEE – C. T. MARTIN,
VICE-CHAIR
06O1354( 1) An Ordinance by Public Safety and Legal Administration Committee to correct Ordinance Number 06O0228to amend the 2006 (Intergovernmental Grant Fund) Budget, Department of Police, by adding to anticipations and appropriations in the amount of $8,000,000.00; to accurately appropriate matching funds; to correct the Center Number; and for other purposes.
TO BE REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION
COMMITTEE
06-O-1378 ( 2) An Ordinance by Public Safety and Legal Administration Committee to amend Chapter 1, Section 1-8 and Chapter 10, Article II, Division 2, Subdivision III, Section 10-109(D) of the City of Atlanta Code of Ordinances, to increase the maximum fine imposed for each violation relating to the sale of alcoholic beverages by the drink for consumption on the premises; and for other purposes.
TO BE REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION
COMMITTEE
COMMUNITY DEVELOPMENT/
HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR
06O1361( 3) An Ordinance by Community Development/Human Resources Committee authorizing the transfer of appropriations in the amount of $244,948.00 from the Chastain Park Amphitheater Sound Control Fund, Account and Center Number: 3P02 724001 N41S0622QNA0 to the Chastain Park Amphitheater Fund, Account and Center Number: 3P02 723001 N41S0613QNA0; and for other purposes.
TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES
COMMITTEE
FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR
06O1362( 4) An Ordinance by Finance/Executive Committee authorizing the Mayor and the Chief Financial Officer to supervise the expenditure of funds and assure the close-out of Fiscal Year 2005; and for other purposes.
TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE
06O1363( 5) An Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer to write-off $3,259,762.21 on behalf of the Department of Watershed Management, Water and Wastewater accounts receivable, for such accounts rendered uncollectible; and for other purposes.
TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE
06O1364( 6) An Ordinance by Finance/Executive Committee authorizing the transfer of appropriations in the amount of $55,000.00 from Fund, Account and Center Number 1C28 (General government Capital Outlay Fund) 792001 (Reserved Designated) M11X04519985 (Developmental Impact Fees-Transportation) to Fund, Account and Center Numbers 1C28 (General Government Capital Outlay Fund) 774001 (Facilities other than Buildings) M23F04259985 (Preliminary Design and Construction Costs Hermi’s Bridge Project) ($51,667.00) and 1C28 (General Government Capital Outlay Fund) 724001 (Facilities other than Buildings) M23F04259985 (Consultant/Professional Services) ($3,333.00) for the purpose of participating in the Hermi’s Bridge Restoration Project; and for other purposes.
TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE
CITY UTILITIES COMMITTEE
CEASAR C. MITCHELL, CHAIR
ORDINANCE FOR SECOND READING
06O1452( 1)
An Ordinance by Councilmembers
FILE
RESOLUTION
06R1374( 1) A Resolution by City Utilities Committee authorizing the Chief Financial Officer to pay all outstanding invoices to Utiliquest, LLC on behalf of the Department of Watershed Management, for Underground Facility Locating Services, in an amount not to exceed $750,000.00; all contracted work to be charged to and paid from Various Fund, Account and Center Numbers.
FAVORABLE (1 NAY)
PAPERS HELD IN COMMITTEE
06O0306( 1) An Ordinance by City Utilities Committee amending the 2006 (1994 G. O. Bond Referendum Fund) Budget by transferring from and to appropriations in the amount of $852,361.11 to fund the Paving Management and Improvement Program; and for other purposes. (Held 2/14/06 at the request of Councilmember Muller)
06O0472( 2) An Ordinance by Councilmembers C. T. Martin and Ivory L. Young, Jr. to re-name Simpson Road from H. E. Holmes Drive to West Peachtree Street, to Coretta Scott King Drive; to waive various subsections of Section 138-8 of the Code of Ordinances; and for other purposes. (Held 2/14/06 awaiting decision from Coretta Scott King Commission on the appropriate honor for Mrs. King.)
06O0560( 3) An Ordinance by Councilmember Kwanza Hall to abandon the following portion of right-of-way, being more specifically described in the legal description attached as Exhibit “A” and the survey attached as Exhibit “B” (1) Alexander Street between Luckie Street and Marietta Street, said property lying and being in Land Lot 79 of District 14, Fulton County, Georgia; and for other purposes. (Public Hearing held 3/14/06) (Held 3/14/06 at the request of the Department of Public Works while questions to GDOT are being addressed.)
06R0563( 4) A Resolution by Councilmember Joyce M. Sheperd authorizing the Mayor to enter into an Agreement with Brock Built, LLC providing for the non-standard location of water meters on private property to which the city provides water services; and for other purposes. (Referred back by Council 3/6/06) (Held 3/14/06 at the request of the Department of Watershed Management so that developer can address the private property concerns.)
06O0937( 5) An Ordinance by Councilmember Clair Muller to amend Article VII of Chapter 74 entitled “Riparian Buffer Requirements”; to officially change the administrating Department to Watershed Management, to streamline the review process and clarify the Public Notice Requirements; and for other purposes. (Held 4/25/06 for further review by the Department of Watershed Management.)
06O1367( 6) An Ordinance by Councilmember Felicia A. Moore to repeal Chapter 2, Article IX, Division 3, Section 2-973 (Entitled, “Billing and Collection by Private Contractor Responsible for the Operation and Maintenance of the City’s Water System.”) of the Code of Ordinances of the City of Atlanta so as to remove obsolete text relating to the operation and maintenance of the City’s water system by a private contractor; to repeal conflicting ordinances; and for other purposes. (Held 6/27/06 pending further review by the Law Department.)
CITY UTILITIES COMMITTEE (3)
CEASAR C. MITCHELL, CHAIR
06O1454( 7)
An Ordinance by Councilmember Clair Muller as amended by City Utilities
Committee to amend Chapter 130 Solid Waste Management, Section 130-84, Rates and
Charges to limit such rate to apply to lots with a residence; and for the other
purposes. (Amended and held 6/2706 at the request of the author.)
MEMBERS PRESENT:
MITCHELL, MULLER, SMITH, SHOOK & ARCHIBONG
ZONING COMMITTEE
CARLA SMITH, CHAIR
|
LEGISLATION NUMBER |
ZONING NUMBER |
LOCATION (NPU/CD) |
CHANGE |
STAFF RECOMM. |
NPU RECOMM. |
ZRB RECOMM |
|
|
FAVORABLE AS AMENDED |
|
|
|
|
|
|
|
|
Z-05-140 |
E-8 |
RG-3 to MR4-A-C |
Approval
Conditional |
Approval
Conditional |
Approval
Conditional |
|
|
|
Z-06-07 |
N-5 |
R-5 to MR4-A-C |
Approval
|
Approval
Conditional |
Approval
Conditional |
|
|
|
Z-06-41 |
F-6 |
Change of Conditions |
Approval
Conditional |
Approval |
Approval
Conditional |
|
|
|
Z-06-42 |
Castleberry Hill M and V 2, 3 and 4 |
C-5-C, C-3. C-3-C and SPI-1 to MRC-3-C |
Approval
Conditional |
Approval |
Approval
Conditional |
|
|
|
Z-06-43 |
Castleberry Hill M and V 2, 3 and 4 |
C-5-C, C-3, I-1 and SPI-1 to MRC-2-C |
Approval
Conditional |
Approval |
Approval
Conditional |
|
|
ADVERSE |
|
|
|
|
|
|
|
|
Z-06-49 |
P-11 |
R-4 to PD-H |
Denial |
Deferral |
Denial |
|
|
FILE |
|
|
|
|
|
|
|
Z-06-21 |
E-7 |
C-1
and R-4 to PD-MU |
File |
Deferral |
File |
|
|
Z-06-14 |
3541 and 3571 Campbellton Road, S.W. P-11 |
R-4
to O-I |
File |
Withdrawal |
File |
ORDINANCES FOR FIRST READING
06-O-1439 ( 1) Z-06-67 An Ordinance by Zoning Committee to rezone from the R-3 (Single-Family Residential) District to the PD-H (Planned Development-Housing) District, property located at 653-711 Longleaf Drive, NE, fronting approximately 690 feet on the south side of Longleaf Drive, beginning approximately 445 feet from the southeast corner of North Stratford Road.
Depth: Approximately 200 feet
Area: Approximately 2.97 Acres
Land Lot: 44, 17th District, Fulton County, Georgia
Owners: Andrew Fleshner, Executor for the Estate of Ruth B. Fleshner, Lee H. Wysong, James T. and Elaine H. Horton, Maxwell R. Calloway, Mary L. and Craig G. Adams, and Mark R. and Virginia D. Simpson
Applicant: Jim Brown
NPU-B Council District 7
TO BE REFERRED TO ZRB AND ZONING COMMITTEE
06O1440( 2) Z-06-68 An Ordinance by Zoning Committee to rezone from the R-4 (Single-Family Residential) District to the MR-2 (Multi-Family Residential) District, property located at 2829 Hapeville Road, SE, fronting approximately 420 feet on the west side of Hapeville Road at the northern intersection of Waters Road.
Depth: Varies
Area: Approximately 4.50 Acres
Land Lot: 68, 14th District, Fulton County, Georgia
Owner: Joseph P. Harris
Applicant: Joseph P. Harris
NPU-Z Council District 12
TO BE REFERRED
TO ZRB AND ZONING COMMITTEE
06O1441( 3) Z-06-69 An Ordinance by Zoning Committee to rezone from the R-5 (Two-Family Residential)/HD-20L (Inman Park Historic District) District to the RG-3 (Residential General-Sector 3)/HD-20L (Inman Park Historic District) District, property located at 850 Euclid Drive, NE, fronting approximately 109.48 feet on the north side of Euclid Avenue, and approximately 108 feet on the west side of Druid Circle.
Depth: Varies
Area: Approximately .431 Acre
Land Lot: 19, 14th District, Fulton County, Georgia
Owner: William Bartlett
Applicant: William Bartlett
NPU-N Council District 6
TO BE REFERRED TO ZRB AND ZONING COMMITTEE
06O1442( 4) Z-06-71 An Ordinance by Zoning Committee to rezone from the RG-4 (Residential General-Sector 4) District to the MR5-A (Multi-Family Residential) District, property located at 3057 North Pharr Court, NE, fronting approximately 320.72 feet on the northeast side of Pharr Court and located on the southwesterly side by Pharr Road Connector, private drive.
Depth: Varies
Area: Approximately 2.7 Acres
Land Lot: 99, 17th District, Fulton County, Georgia
Owners: George W. Rohrig, Jr., Rohrig Investements, LP, Lilian Bayley, N. W. Mickwee, Leah C. Vanlevver and Michael A. Bradley as attorney in fact on behalf of certain unit owners and as owner of certain units.
Applicant: William Bartlett
NPU-B Council District 7
TO BE REFERRED
TO ZRB AND ZONING COMMITTEE
06O1443( 5) Z-06-72 An Ordinance by Zoning Committee to rezone from the R-3 (Single-Family Residential)/SPI-12 (Special Public Interest-Buckhead/Lenox Station) Districts to the C-3 (Commercial Residential)/SPI-12 (Special Public Interest-Buckhead/Lenox Station) Districts, property located at 3401 North Stratford Road, NE, fronting approximately 48.85 feet on the northeasterly side of North Stratford Road and approximately 136 feet on the northwesterly side of Peachtree Road (a.k.a. State Route 141).
Depth: Varies
Area: Approximately .53 Acre
Land Lot: 45, 17th District, Fulton County, Georgia
Owner: Dante Stepehenson
Applicant: Ronald M. Daneault
NPU-B Council District 7
TO BE REFERRED
TO ZRB AND ZONING COMMITTEE
06O1444( 6) Z-06-73 An Ordinance by Zoning Committee to rezone from the R-G-2 (Residential General-Sector-2) District to the RG-3 (Residential General-Sector 3) District, property located at 1687 Monroe Drive, NE, fronting approximately 311 feet on the east side of Monroe Drive beginning approximately 331 feet on the southeast corner of Montgomery Ferry Drive.
Depth: Varies
Area: Approximately 2.7517 Acres
Land Lot: 56, 17th District, Fulton County, Georgia
Owner: Monroe Northwoods Group, LLC c/o Harbor Community Development Corporation
Applicant: Lane Investment and Development, LLC
NPU-F Council District 6
TO BE REFERRED TO ZRB AND ZONING COMMITTEE
06O1445( 7) Z-06-74 An Ordinance by Zoning Committee to rezone from the R-G-3 (Residential General-Sector 3) District to the PD-MU (Planned Development-Mixed Use) District, property located at 3700 Martin Luther King, Jr. Drive, SW, fronting approximately 474.25 feet on the south side of Martin Luther King, Jr. Drive beginning approximately 183 feet from the southwest corner of Adamsville Drive.
Depth: Varies
Area: Approximately 27 Acres
Land Lot: 15, 14th District, Fulton County, Georgia
Owner: Atlanta Neighborhood Development Partnership
Applicant: Marvin Greer
NPU-H Council District 10
TO BE REFERRED TO ZRB AND ZONING COMMITTEE
06O1446( 8) U-06-16 An Ordinance by Zoning Committee granting a Special Use Permit for a Personal Care Home pursuant to Section 16-06.005(1)(g), property located at 1067 Constitution Road, SE, fronting approximately 110 feet on the south side of Constitution Road and located approximately 1,580 feet west of the southwest corner of Constitution Road and McDonough Road.
Depth: Varies
Area: Approximately 1.57 Acres
Land Lot: 6, 14th District, Fulton County, Georgia
Owner: Beverly Callahan
Applicant: Charles E. Callahan
NPU-Z Council District 1
TO BE REFERRED TO ZRB AND ZONING COMMITTEE
PAPERS HELD IN COMMITTEE
06O0038( 1) Z-05-56 An Ordinance by Councilmember Carla Smith to amend Various Sections of the Zoning Code of the City of Atlanta, for the purpose of clarifying and/or defining certain terms related to Supportive Housing; to provide how applications for such uses are to be processed; defining the term Community Center and removing certain redundant terms related to such use; redefining the conditions under which dormitories, Sorority Houses and Fraternity Houses are permitted; deleting rooming houses and boarding houses as permitted uses in certain districts; and for other purposes. (Held 2/1/06 for further review)
06O0273( 2) An Ordinance by Councilmembers Carla Smith, Ivory Lee Young, Jr. and Cleta Winslow correcting Ordinance Number 04O0179Z-04-24 which amended Section 16-29.001(16) “Human Services” including Personal Care Homes, Rehabilitation Centers and Nursing Homes by clarifying and/or redefining certain terms; and for other purposes. (Held 2/1/06 for further review)
06O0286( 3) Z-06-05 An Ordinance by Zoning Committee to rezone from the RG-4-C-HBS (Residential General-Sector 4 Conditional-Historic Building/Site) and RG-4-C (Residential General-Sector 4-Conditional) Districts, to the RG-4-C (Residential General-Sector 4-Conditional) District, property located at 2494 and 2510 Peachtree Road (a.k.a. 2500 Peachtree Road), NE, fronting approximately 387.76 feet on the west side of Peachtree Road, beginning 400 feet from the southwest corner of Muscogee Avenue and Peachtree Road. (Held 3/29/06 for further review)
Depth: Varies
Area: Approximately 3.086 Acres
Land Lot: 112, 17th District, Fulton County, Georgia
Owner: 2500 Peachtree Condominium Association, Inc.
Applicant: 2500 Peachtree Condominium Association, Inc.
NPU-C Council District 8
06O0146( 4) Z-05-135 An Ordinance by Zoning Committee to rezone from the C-3 (Commercial Residential) District and the R-4 (Single-Family Residential) District to the C-3-C (Commercial Residential-Conditional) District, property located at 1891, 1895 and 1875 Peachtree Road, NE, fronting approximately 300 feet on the east side of Peachtree Street, beginning 500 feet northeast of Palisades. (Held 4/26/06 for further discussion and review of the Site Plan)
Depth: Varies
Area: Approximately 1.78 Acres
Land Lot: 110, 17th District, Fulton County, Georgia
Owner: Semah, Inc., RBW Holdings, LLC/James
Cunningham c/o Scott Schulten
Applicant: The Paradise Group
NPU-E Council District 7
06C1221( 5) A Communication by Mayor Shirley Franklin re-appointing Ms. Fredalyn Frasier to serve as a member of the Zoning Review Board in the Municipal Planning category for the City of Atlanta. This re-appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation. (Held 6/14/06 so appointee could be present)
06O0007( 6) Z-05-65