The City of Atlanta's City Council Minutes

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ATLANTA CITY COUNCIL

AGENDA

September 5, 2006

Note: A complete listing of items 5 and 8 may not appear in this version.

Order of Business for the Atlanta City Council

Tuesday, September 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 2

9. Adoption of Agenda

10. Consideration of Vetoed Legislation

11. Unfinished Business

12. Consent Agenda

13. Report of Standing Committees Committee Chairs Pages

Public Safety and Legal

Administration Committee* Cleta Winslow 41

Community Development/Human

Resources Committee Jim Maddox 43

Transportation Committee Clair Muller 49

Finance/Executive Committee Howard Shook 52

City Utilities Committee Ceasar C. Mitchell 57

Zoning Committee Carla Smith 61

Committee on Council** Felicia A. Moore 91

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. (Pages 39 & 40)

PROCLAMATIONS, COMMENDATIONS AND OTHER SPECIAL

AWARDS

Councilmember Clair Muller – proclamations being presented to:

Seymour Liebmann, NPU-A chair

Mt. Paran Garden Club

Councilmember H. Lamar Willis – proclamation being presented to:

Road Runners Club of America

8. COMMUNICATIONS

06C1962( 1) A Communication by Mayor Shirley Franklin appointing Cathy Woolard to serve as a member of the Atlanta Downtown Improvement District (ADID) for the City of Atlanta. This appointment is for a term of four (4) years, scheduled to begin on the date of Council confirmation.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL

06C1964( 2) A Communication by Mayor Shirley Franklin re-appointing George Maynard to serve as a Procurement Appeals Hearing Officer 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.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE AND COMMITTEE ON COUNCIL

06C1965( 3) A Communication by Mayor Shirley Franklin re-appointing Natalie Brown to serve as a member of the Eastside TAD Neighborhood Advisory Board in the NPU-M 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.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL

06C1966( 4) A Communication by Mayor Shirley Franklin re-appointing Dedra Evans to serve as a member of the Eastside TAD Neighborhood Advisory Board in the NPU-M 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.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL

8. COMMUNICATIONS (CONT’D)

06C1967( 5) A Communication by Mayor Shirley Franklin re-appointing Elise Haverly-Robinson to serve as a member of the Eastside TAD Neighborhood Advisory Board in the NPU-N 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.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL

06C1968( 6) A Communication by Mayor Shirley Franklin re-appointing Peggy Harper to serve as a member of the Eastside TAD Neighborhood Advisory Board in the NPU-V 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.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL

06C1969( 7) A Communication by Mayor Shirley Franklin re-appointing LaChandra Butler to serve as a member of the Perry-Bolton Neighborhood Advisory Board in the Atlanta Public School 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.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL

06C1970( 8) A Communication by Mayor Shirley Franklin re-appointing Councilmember Felicia A. Moore to serve as a member of the Perry-Bolton Neighborhood Advisory Board in the City Council 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.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL

06C1971( 9) A Communication by Mayor Shirley Franklin re-appointing Cindy Dennis to serve as a member of the Perry-Bolton Neighborhood Advisory Board in the NPU-D 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.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL

06C1972(10) A Communication by Mayor Shirley Franklin re-appointing Ola W. Reynolds to serve as a member of the Perry-Bolton Neighborhood Advisory Board in the NPU-G 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.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL

06C1973(11) A Communication by Mayor Shirley Franklin re-appointing Tanya Mitchell to serve as a member of the Perry-Bolton Neighborhood Advisory Board in the NPU-J 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.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL

06C1974(12) A Communication by Mayor Shirley Franklin re-appointing Councilmember Ceasar C. Mitchell to serve as a member of the Piedmont Park Conservancy Board for the City of Atlanta. This re-appointment is for a term of one (1) year and does not require Council confirmation.

RECOMMENDATION TO FILE

06C1975(13) A Communication by Mayor Shirley Franklin re-appointing David Marvin to serve as a member of the Westside Tax Allocation District (TAD) Downtown Advisory Board for the City of Atlanta in the Centennial Olympic Park Area (COPA) Category. This re-appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL

06C1976(14) A Communication by Mayor Shirley Franklin re-appointing Stanley L. Silver to serve as a member of the Westside Tax Allocation District (TAD) Downtown Advisory Board for the City of Atlanta in the Downtown Resident Category. This re-appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL

06C1977(15) A Communication by Mayor Shirley Franklin re-appointing Tahmida Shamsuddin to serve as a member of the Westside Tax Allocation District (TAD) Downtown Advisory Board for the City of Atlanta as the Central Atlanta Progress Category. This re-appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL

06C1978(16) A Communication by Mayor Shirley Franklin re-appointing James Wright to serve as a member of the Westside Tax Allocation District (TAD) Downtown Advisory Board for the City of Atlanta in the Castleberry Hill Neighborhood Association Category. This re-appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL

06C1979(17) A Communication by Mayor Shirley Franklin re-appointing Michael Tompkins to serve as a member of the Westside Tax Allocation District (TAD) Downtown Advisory Board for the City of Atlanta in the Chamber of Commerce Category. This re-appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL

06C1980(18) A Communication by Mayor Shirley Franklin re-appointing David Patton to serve as a member of the Westside Tax Allocation District (TAD) Downtown Advisory Board for the City of Atlanta in the NPU-M Category. This re-appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL

06C1981(19) A Communication by Mayor Shirley Franklin re-appointing LaTangela R. Bunkley-Hill to serve as a member of the Westside Tax Allocation District (TAD) Neighborhood Advisory Board for the City of Atlanta in the Vine City Neighborhood Category. This re-appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL

06C1982(20) A Communication by Mayor Shirley Franklin re-appointing William Harding to serve as a member of the Westside Tax Allocation District (TAD) Neighborhood Advisory Board for the City of Atlanta in the English Avenue Neighborhood Category. This re-appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL

06C1983(21) A Communication by Mayor Shirley Franklin re-appointing Herbert Monford to serve as a member of the Westside Tax Allocation District (TAD) Neighborhood Advisory Board for the City of Atlanta in the Neighborhood CDC Category. This re-appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL

06C1984(22) A Communication by Mayor Shirley Franklin re-appointing Tillman Ward to serve as a member of the Westside Tax Allocation District (TAD) Neighborhood Advisory Board for the City of Atlanta in the Neighborhood Merchant Category. This re-appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL

06C1985(23) A Communication by Mayor Shirley Franklin re-appointing Makeda Johnson to serve as a member of the Westside Tax Allocation District (TAD) Neighborhood Advisory Board for the City of Atlanta in the NPU-L Category. This re-appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL

06C1986(24) A Communication by Mayor Shirley Franklin re-appointing Michael Jeter to serve as a member of the Westside Tax Allocation District (TAD) Neighborhood Advisory Board for the City of Atlanta in the Neighborhood/Non-profit Category. This re-appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL

06C1987(25) A Communication by Mayor Shirley Franklin appointing Carole Dortch to serve as a member of the Civil Service Board for the City of Atlanta. This appointment is for a term of three (3) years, scheduled to begin on the date of Council confirmation.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL

06C1988(26) 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 August 21, 2006 and September 05, 2006 to the Atlanta City Council in accordance with Section 2-275 of the Atlanta City Code of Ordinances. (06R1276

RECOMMENDATION TO FILE

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 READING

PUBLIC SAFETY AND LEGAL

ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

06O1619 ( 1) An Ordinance by Public Safety and Legal Administration Committee amending the 2006 (Intergovernmental Grant Fund) Budget, Department of Police by adding to anticipations and appropriations in the amount of $3,520,044.00 for Grant Funds from the White House Office of National Drug Control Policy for continuation of the High Intensity Drug Trafficking Area (“HIDTA”) Task Force; to disrupt drug trafficking organizations; and for other purposes.

06O1640( 2) An Ordinance by Public Safety and Legal Administration Committee amending the 2006 (Intergovernmental Grant Fund) Budget, Department of Police (“Department”), by adding to anticipations and appropriations in the amount of $70,000.00 for reimbursement from the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) for overtime salary costs incurred by the Department in joint operations with ATF in Project Safe Neighborhoods Violent Crimes Strategy Task Force; to detect and disrupt illegal firearms trafficking; and for other purposes.

06O1641( 3) An Ordinance by Public Safety and Legal Administration Committee amending the 2006 (Intergovernmental Grant Fund) Budget, for the City of Atlanta Municipal Court, Community Court Division (“Community Court”) by adding to anticipations and appropriations in the amount of $2,725.00 from the Georgia Department of Human Resources, Division of Mental Health, Developmental Disabilities and Addictive Diseases, Metro Regional Office (“DHR”) for the purpose of funding an annual cost of living increase to the Community Court Staff; and for other purposes.

06O1642( 4) An Ordinance by Public Safety and Legal Administration Committee amending the 2006 (Intergovernmental Grant Fund) Budget, Department of Police, by adding to anticipations and appropriations in the amount of $34,920.00 for a Grant Award from Georgia State University Department of Criminal Justice, to improve the Crime Data System; and for other purposes.

06O1643( 5) An Ordinance by Public Safety and Legal Administration Committee to correct the Center Number in Ordinance Number 06O0808adopted by the Atlanta City Council on May 15, 2006 and approved by the Mayor on May 18, 2006; and for other purposes.

COMMUNITY DEVELOPMENT/

HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR

06O1160 ( 6) A Substitute Ordinance by Community Development/Human Resources Committee amending the 2006 (Intergovernmental Grant Fund) Budget by adding to anticipations and appropriations fund 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 (GA269SR0005); and for other purposes.

06O1621( 7) An Ordinance by Community Development/Human Resources Committee authorizing the Mayor, on behalf of the Department of Planning and Community Development, Bureau of Housing (“Bureau”), to enter into contract amendments with various Community Housing Development Organizations (“CHDO”) for the purpose of extending the contract periods in order to allow for the completion of the projects; and for other purposes.

TRANSPORTATION COMMITTEE - CLAIR MULLER, CHAIR

06O1644( 8) An Ordinance by Transportation Committee to create an All-Way Stop at the Intersection of Wylie Street, SE and Walthall Street; and for other purposes.

06O1645( 9) An Ordinance by Transportation Committee to create an All-Way Stop at the Intersection of Wesley Drive, NW and Woodley Drive; and for other purposes.

06O1646(10) An Ordinance by Transportation Committee to create an All-Way Stop at the Intersection of Stovall Boulevard, NE and Arden Way; and for other purposes.

06O1647(11) An Ordinance by Transportation Committee to create an All-Way Stop at the Intersection of Plainville Drive, SW and Wildwood Lake Drive; and for other purposes.

06O1648(12) An Ordinance by Transportation Committee to create an All-Way Stop at the Intersection of Norwood Avenue, NE and Ridgedale Road; and for other purposes.

06O1649(13) An Ordinance by Transportation Committee to create an All-Way Stop at the Intersection of Gress Avenue, SE and Robinson Avenue; and for other purposes.

06O1650(14) An Ordinance by Transportation Committee to create an All-Way Stop at the Intersection of East Avenue, NE and Terrace Drive; and for other purposes.

06O1651(15) An Ordinance by Transportation Committee to create an All-Way Stop at the Intersection of Club Drive, NE and West Club Drive; and for other purposes.

06O1652(16) An Ordinance by Transportation Committee to create an All-Way Stop at the Intersection of Hogan Road, SW and Tejas Trail, SW; and for other purposes.

06O1653(17) An Ordinance by Transportation Committee to create an All-Way Stop at the Intersection of Feridan Street, NE and Mellrich Avenue; and for other purposes.

06O1654(18) An Ordinance by Transportation Committee authorizing the Mayor to install Traffic Signals on Peachtree Street at Walton Street, Poplar Street and Wall Street; and for other purposes.

06O1655(19) An Ordinance by Transportation Committee authorizing the Mayor to install Traffic Signals on Baker Street, NW, mid-block between Centennial Olympic Park Drive, NW and Luckie Street, NW/Park Avenue West; and for other purposes.

06O1656(20) An Ordinance by Transportation Committee to anticipate and appropriate Grant Funds in the total amount of $13,000,000.00 for the Federal Aviation Administration’s share of Grant Agreement AIP 3-13-0008-71, for the Payment of Principal on the 2004 Airport Passenger Facility Charge Bond and Subordinate Lien Revenue Bonds issued to pay capital costs to extend the Fifth (5^th) Runway and Associated Taxiways (Site Preparation-Phase 1D) and transfer to and from appropriations in the amount of $4,333,333.33 for the City’s share in Grant Agreement 3-13-0008-71, Letter of Intent (LOI) # ASO-02-2 Payment #4; and for other purposes.

06O1657(21) An Ordinance by Transportation Committee to anticipate and appropriate Grant Funds in the total amount of $7,000,000.00 for the Federal Aviation Administration’s share of Grant Agreement AIP 3-13-0008-73, for the Payment of Principal on the 2004 Airport Passenger Facility Charge Bond and Subordinate Lien Revenue Bonds issued to pay capital costs to construct Taxiway “V” End Around Taxiway, (Site Preparation-Phase 1) and transfer to and from appropriations in the amount of $2,333,333.33 for the City’s share in Grant Agreement 3-13-0008-73, Letter of Intent (LOI) # LO04-2010 Payment #1; and for other purposes.

06O1658(22) An Ordinance by Transportation Committee to anticipate and appropriate Grant Funds in the total amount of $6,368,300.00 for the Federal Aviation Administration’s share of Grant Agreement AIP 3-13-0008-72, for the Payment of Principal on the 2004 Airport Passenger Facility Charge Bond and Subordinate Lien Revenue Bonds issued to pay capital costs to construct Commuter Runway (6,000 feet X 150 feet) and Associated Taxiways (Site Preparation-Phase 1I) and transfer to and from appropriations in the amount of $2,122,766.67 for the City’s share in Grant Agreement 3-13-0008-72, Letter of Intent (LOI) # L02-2009 Payment #7; and for other purposes.

06O1659(23) An Ordinance by Transportation Committee to create an All-Way Stop at the Intersection of Caroline Street, NE and Marion Place; and for other purposes.

06O1660(24) An Ordinance by Transportation Committee to create an All-Way Stop at the Intersection of Baker Street/Thurmond Street, and Luckie Street/Park Avenue West; and for other purposes.

06O1661(25) An Ordinance by Transportation Committee to create an All-Way Stop at the Intersection of North Stratford Road, NE.and Buff Drive; and for other purposes.

06O1941(26) An Ordinance by Councilmember Anne Fauver to waive Section 150-207(a) of the Code of Ordinances of the City of Atlanta to allow roller skating in the streets of Atlanta on October 1, 2006 for the 25^th Annual Athens to Atlanta Road Skate; and for other purposes.

FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR

06O1616(27) An Ordinance by Finance/Executive Committee amending the 2006 (Job Training Grant Fund) Budget by adding to anticipations and appropriations in the amount of $204,000.00 in Workforce Investment Act Youth Funds from the State of Georgia Department of Labor; and for other purposes.

06O1617(28) An Ordinance by Finance/Executive Committee amending the 2006 (Job Training Grant Fund) Budget by adding to anticipations and appropriations in the amount of $1,542,491.00 in Workforce Investment Act Youth Funds from the State of Georgia Department of Labor; and for other purposes.

06O1618(29) An Ordinance by Finance/Executive Committee authorizing the transfer of appropriations in the amount of $28,514.00 from the Department of Parks, Recreation and Cultural Affairs, Bureau of Cultural Affairs (“Bureau”), Fund, Account, and Center Number 1A01 (General Fund) 711003 (Salaries, Extra Help) N41001 (Office of Director) to the Atlanta Workforce Development Agency (“AWDA”) Fund, Account, and Center Number 1B07 (Job Training Grant Fund) 729002 (Service Grants) Y71R0331JBHB (WIA Non-Admin, Youth 06/07) for the purpose of providing summer employment for 103 teens through the Artscool Summer Arts Employment Program; and for other purposes.

06O1630(30) An Ordinance by Finance/Executive Committee amending the 2006 (Intergovernmental Grant Fund) Budget, Department of Parks, Recreation and Cultural Affairs (“Department”), by adding to anticipations and appropriations in the amount of $396,000.00 for grant funds from the Georgia Department of Education for the purpose of implementing an After-School Program to increase the math scores of middle school students in the City of Atlanta (“City”); and for other purposes.

06O1631(31) An Ordinance by Finance/Executive Committee to rescind Ordinance 06O0213adopted by the Full Council February 08, 2006 and approved by the Mayor February 14, 2006, to anticipate and appropriate Bond proceeds for the City of Atlanta and Fulton County Recreation Authority Park Improvement Revenue Bond Series 2005A in the amount of $76,301,336.95 to fund various Municipal Projects for the Department of Parks, Recreation and Cultural Affairs; and for other purposes.

06O1664 (32) An Ordinance by Finance/Executive Committee authorizing the transfer of appropriations in the amount of $55,000.00 from the Department of Parks, Recreation and Cultural Affairs, Bureau of Cultural Affairs (“Bureau”), Fund, Account, and Center Number 1A01 (General Fund) 711003 (Salaries, Extra Help) N41001 (Office of Director) to the Atlanta Workforce Development Agency (“AWDA”) Fund, Account and Center Number 1B07 (Job Training Grant Fund) 729002 (Service Grants) Y71R0331JBHB (WIA Non-Admin, Youth 06/07) for the purpose of providing Summer Employment for 103 teens through the Artscool Summer Arts Employment Program; and for other purposes.

06O1684(33) A Substitute Ordinance as amended by Finance/Executive Committee to authorize the Chief Procurement Officer to purchase 10.4 acres associated with Parcel ID 17-0266-LL-054-1 as referenced by Exhibit “A”; to provide for the appraisal of the property; to obtain Title Reports on the property; to negotiate the purchase of the property; if necessary to authorize the use of legal proceedings to obtain the property; to waive the requirements of a separate resolution in accordance with City Code Section 2-1541(d); to pay for the purchase of the property from Fund, Account and Center Number 1C51 (Capital Finance Fund) 571001 (Land) D45C05029999 (Public Safety Facility); and for other purposes.

CITY UTILITIES COMMITTEE - CEASAR C. MITCHELL, CHAIR

06O0560(34) An Ordinance by Councilmember Kwanza Hall as amended by City Utilities Committee 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)

06O1623(35) An Ordinance by City Utilities Committee amending the FY2006-2007 (1999 Water and Wastewater & 2004 Water Wastewater Bond Funds) Budget in the amount of $18,000,000.00, on behalf of the Department of Watershed Management, to transfer funds from the Reserve for Appropriations for construction costs for the R. M. Clayton Water Reclamation Center – Digester Covers Replacement Project and Utoy Creek, South River and Intrenchment Creek Small Capital Projects; and for other purposes.

06O1682(36) A Substitute Ordinance by City Utilities Committee authorizing the Mayor or her designee to enter into an appropriate Railroad Crossing Agreements with CSX Transportation, Inc. and Norfolk Southern Railway Company for certain water projects, on behalf of the Department of Watershed Management; to be charged to and paid from appropriate project easement Fund, Account and Center Numbers; and for other purposes.

06O1683(37) An Ordinance by City Utilities Committee amending the FY2006-2007 (1999 Water and Wastewater Fund) Budget in the amount of $38,130,839.18, to transfer funds remaining from completed, realigned or discontinued projects to the Reserve for Appropriations Account, on behalf of the Department of Watershed Management; and for other purposes.

06O1943(38) An Ordinance by Councilmember Clair Muller authorizing the Mayor to accept a two year grant from the Turner Foundation in support of the City’s Recycling Program to aid in funding appropriate staff support in the amount of $35,000.00 for each year; and for other purposes.

RESOLUTIONS

PUBLIC SAFETY AND LEGAL

ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

06R1909( 1) A Resolution by Public Safety and Legal Administration Committee authorizing the settlement of all claims against the City of Atlanta by Louis Reynaud in the case of Louis Reynaud et al. v. City of Atlanta et al., Superior Court of Fulton County, Civil Action File No. 2003-CV-68841, for the sum of $27,655.00; authorizing said payment to be charged to and paid from Fund, Account and Center Number: 3P02 (Trust Fund) – 529010 (Refund) – Y12PO613QNAO (Tree Recompense Project); authorizing the Chief Financial Officer to distribute the payment amount; and for other purposes.

06R1910( 2) A Resolution by Public Safety and Legal Administration Committee authorizing the settlement of all claims against the City of Atlanta in the case of Landmark Environmental Industries, Inc. v. City of Atlanta, Superior Court of Fulton County, Civil Action File No. 2001-CV-32729, authorizing said payment in the amount of $1,500,000.00, to be charged to and paid from Fund, Account and Center Number: 2J01 (Water & Wastewater Revenues) 529017 (Property Liquidation) T31001 (Unallocated Fund-Wide Expenses); authorizing the Chief Financial Officer to distribute the settlement amount; and for other purposes.

COMMUNITY DEVELOPMENT/

HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR

06R1577( 3) A Resolution by Councilmembers Jim Maddox, H. Lamar Willis, Howard Shook, Kwanza Hall, Carla Smith, Joyce Sheperd, Ivory L. Young, Jr., Cleta Winslow, Ceasar C. Mitchell, Clair Muller and Anne Fauver as substituted by Community Development/Human Resources Committee to establish the Beltline Tax Allocation District Advisory Committee, to appoint initial members, to set forth terms for structure and governance; and for other purposes.

06R1168( 4) A Substitute Resolution by Community Development/Human Resources Committee authorizing the Mayor to enter into a Housing Assistance Payments (HAP) Contract Amendment with Edgewood Center Limited Partnership for the purpose of continuing the Section 8 Moderate Rehabilitation Single Room Occupancy Program sponsored by the U.S. Department of Housing and Urban Development (HUD); and for other purposes.

06R1870( 5) 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 (“City”), with Rycars Construction, LLC., for FC-3006007938 for the purpose of making improvements to the lower roof of the Thomasville Park Recreation Center, in an amount not to exceed $104,300.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: 1B01 (Community Development Block Grant) 573001 (Facility Buildings) N12D0987A25A (Thomasville Park Recreation Center); and for other purposes.

TRANSPORTATION COMMITTEE - CLAIR MULLER, CHAIR

06R1911( 6) A Substitute Resolution by Transportation Committee authorizing the Mayor to enter into an Agreement with 3630 Peachtree Road Holdings, L.P., for the construction and operation of a Temporary Tie-Back Support System, on behalf of the Department of Public Works; and for other purposes.

06R1912( 7) A Resolution by Transportation Committee authorizing the Mayor to execute Renewal Agreement No. 1 with Hartsfield Atlanta Construction Managers (HACM), LLC, a joint venture of Jacobs, MHR International and Smith Real Estate Services, for FC-7217-00A, Construction Management Services, to provide Comprehensive Construction Management Services on behalf of the Department of Aviation with no additional funding; and for other purposes.

06R1913( 8) A Resolution by Transportation Committee authorizing the Mayor to enter into an Agreement with Evaluations Systems for Personnel, FC-6005008005, for Mystery Shopping Services to monitor and ensure optimal customer service is provided by Concession Operators at Hartsfield-Jackson Atlanta International Airport, in an amount not to exceed $348,315.40; all contracted work for the first year shall not exceed one hundred twenty four thousand nine hundred seventy-five dollars and no cents ($124,975.00); all contracted work will be charged to and paid from Fund, Account and Center Number 2H01 (Airport Revenue Fund) 524001 (Consultant/Professional Services) R51003 (Concessions); and for other purposes.

06R1914( 9) A Resolution by Transportation Committee authorizing the Aviation General Manager to issue Work Authorization No. 1 to Harper Partners, Inc., for FC-7370-01E, Architectural and Engineering Design Support Services, for Professional Architectural and Engineering Design of the Central Terminal Passenger Complex (CPTC) Renovations and Expansion Project at Hartsfield-Jackson Atlanta International Airport, in an amount not to exceed $2,000,000.00; all contracted work will be charged to and paid from Fund, Account and Center Number: 2H21 (Renewal and Extension Fund) 524001 (Consultants Professional Services) R21E1020999 (Capital Design and Management/Design); and for other purposes.

06R1915(10) A Resolution by Transportation Committee authorizing the Mayor to execute a Lease Agreement with Greyhound Lines, Inc., covering 294.48 square feet of space at Hartsfield-Jackson Atlanta International Airport; and for other purposes.

06R1916(11) A Resolution by Transportation Committee authorizing the Mayor to execute a Lease No. DTFASO-06L0006 with the Federal Aviation Administration, covering the leasing by the FAA of a Ground Site for the installation and operation of a Middle Marker serving Runway 8R at the Hartsfield-Jackson Atlanta International Airport; and for other purposes.

06R1917 (12) A Resolution by Transportation Committee authorizing the Mayor to apply for, accept and execute all grant agreements offered to the City of Atlanta by the Federal Aviation Administration for projects at Hartsfield-Jackson Atlanta International Airport during the federal fiscal year, October 1, 2006, through September 30, 2007, subject to the availability of matching funds in the Airport Budget; and for other purposes.

06R1918(13) A Resolution by Transportation Committee authorizing the Mayor to apply for, accept and execute all grant agreements offered to the City of Atlanta by the Transportation Security Administration for security projects at Hartsfield-Jackson Atlanta International Airport during the federal fiscal year, October 1, 2006, through September 30, 2007; and for other purposes.

06R1942(14) A Resolution by Councilmember Clair Muller as amended by Transportation Committee expressing the intent of the Atlanta City Council to support, endorse and encourage the establishment of a commuter rail program, including both the proposed first phase Lovejoy to Atlanta Commuter Rail Line and the proposed second phase extension to Macon that will enhance the establishment of a seamless, integrated public transportation network for the Atlanta Metropolitan Region; and for other purposes.

FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR

06R1853(15) A Resolution by Finance/Executive Committee authorizing the Mayor to enter into an appropriate Contractual agreement with Cavanaugh MacDonald Consulting, LLC., for FC-6006007891, Actuarial Study for Post Employment Benefits Other Than Pension, on behalf of the Department of Finance, in an amount not to exceed $75,000.00; all contracted work shall be charged to and paid from Fund, Account and Center Number 1A01 (General Fund) 524001 (Consultant/Professional Services) T31001 (Unallocated Fund Wide Services); and for other purposes.

06R1859(16) A Substitute Resolution by Finance/Executive Committee authorizing the Mayor or the Mayor’s Designee to enter into an 800 MHz Wave 3, Stage 1 Reconfiguration Agreement, as mandated by the Federal Communications Commission, with Sprint Nextel for the Reimbursement of costs and direct payment of vendors associated with the reconfiguration of the City’s 800 MHz Radio System; and for other purposes.

CITY UTILITIES COMMITTEE - CEASAR C. MITCHELL, CHAIR

06R1900(17) A Resolution by City Utilities Committee authorizing the Mayor to execute an agreement with Integral Municipal Service Corporation, for FC-3006007945, Sewer Group One Rehabilitation Phase I Pipe Bursting Contract C, for Peachtree Creek River Basin, on behalf of the Department of Watershed Management; in an amount not to exceed $6,030,509.35; all contracted work will be charged to and paid from Fund, Account and Center Number: 2J28 (2004 Water & Wastewater Bond Fund) 574001 (Fac. other than Buildings) Q38I02739999 (Sewer Group One Rehabilitation); and for other purposes.

06R1901(18) A Resolution by City Utilities Committee authorizing the Mayor to execute Amendment Agreement No. 1 with Thyssen Krupp Elevator Corporation, for FC-6005007878, Citywide Elevator Service, on behalf of the Department of Watershed Management, for additional repairs for the Bureau of Drinking Water, in an amount not to exceed $186,564.00; all contracted work will be charged to and paid from Fund, Account and Center Number: 2J21 (Water & Wastewater Renewal & Extension Fund) 575001 (Equipment) Q64001 (Plant Maintenance); and for other purposes.

06R1902(19) A Resolution by City Utilities Committee to authorize the Chief Financial Officer to pay outstanding invoices from United Consulting, for FC-7449-02B, Citywide Annual Contract for Geotechnical and Environmental Engineering, Testing and Investigation Services (RFP), on behalf of the Department of Watershed Management, in an amount not to exceed $12,289.55; all contracted work will be charged to and paid from Fund, Account and Center Number: 2J21 (Water & Wastewater Renewal & Extension Fund) 524001 (Consultant/Professional Services) Q42001 (Engineering Planning & Design); and for other purposes.

06R1904(20) A Resolution by City Utilities Committee authorizing the Mayor to execute an agreement with Integral Municipal Service Corporation, for FC-3006007944, Sewer Group One Rehabilitation Phase I Pipe Bursting Contract A, on behalf of the Department of Watershed Management; in an amount not to exceed $3,760,773.30; all contracted work shall be charged to and paid from Fund, Account and Center Number: 2J28 (2004 Water & Wastewater Bond Fund) 574001 (Fac. other than Buildings) Q38I02739999 (Sewer Group One Rehabilitation); and for other purposes.

06R1905(21) A Resolution by City Utilities Committee authorizing the Mayor to execute an agreement with Kemi Construction Company, Inc., for FC-3006007935, Annual Sanitary Sewer Construction Contract, on behalf of the Department of Watershed Management; in an amount not to exceed $7,021,100.00; all contracted work will be charged to and paid from Fund, Account and Center Number: 2J27 (2001 Water & Wastewater Bond Fund) 574001 (Fac. other than Buildings) Q38I02839999 (Sanitary Sewer-Annual Contract); and for other purposes.

06R1906(22) A Resolution by City Utilities Committee authorizing the Mayor to enter into Amendment Agreement No. 2 with A & D Painting, Incorporated, to provide additional Painting and Pressure Washing Service for FC-6005007917, Annual Contract for Painting and Pressure Washing Services, on behalf of the Department of Watershed Management; in an amount not to exceed $550,000.00; all contracted work shall be charged to and paid from Fund, Account and Center Number: 2J21 (Water & Wastewater Renewal & Extension Fund) 523001 (Services/Repair/Maintenance Continuation) Q64001 (Plant Maintenance); and for other purposes.

06R1907(23) A Substitute Resolution by City Utilities Committee authorizing the Mayor to execute Renewal Agreement No. 1 with TAG Grinding, Inc., for FC-6005007900, Annual Contract for Yard Trimmings Program on behalf of the Department of Public Works, based on unit prices in an amount not to exceed $17.60 per ton with an additional Fuel Cost Adjustment calculated monthly; for a total not to exceed $750,000.00 all contracted work will be charged to and paid from Fund, Account and Center Number: 1A01 (General Fund) 524001 (Consultant/Professional Services) M38101 (Disposal-Administration); and for other purposes.

06R1933(24) A Resolution by Councilmember Howard Shook authorizing the Mayor or her designee to accept on behalf of the City of Atlanta an easement for a sidewalk adjacent to the property located at 293 Pharr Road and to execute and deliver to the owners of 293 Pharr Road any documents necessary to evidence the City’s acceptance of the new easement; and for other purposes.

06R1946(25) A Substitute Resolution as amended by City Utilities Committee authorizing the Mayor to execute Amendment Agreement No. 1 with Southeast Energy Assistance, for FC-6005007948, Care and Conserve Program, on behalf of the Department of Watershed Management; extending the term of the contract to provide continued administration of the program; in an amount not to exceed $977,651.60; all contracted work will be charged to and paid from Various Fund, Account and Center Numbers; and for other purposes.

PUBLIC SAFETY AND LEGAL

ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

Claims with favorable recommendations:

06R1824( 1) Claim of Derrick McNeese, through his attorney, Gregory M. Evans, for damages alleged to have been sustained as a result of a vehicular accident on March 25, 2006 at Interstate 20 Eastbound at the Joseph E. Lowery Boulevard exit. $8,809.00

06R1825( 2) Claim of Georgia Casualty, through its attorney, Brett A. Schroyer, for damages alleged to have been sustained as a result of striking an open construction cut on June 20, 2005 at 818 Joseph E. Lowery Boulevard, NW. $7,745.22

06R1826( 3) Claim of Bettie Sims, through her attorney, Thomas F. Jones, for damages alleged to have been sustained as a result of an automobile accident on July 11, 2005 at 2003 Marietta Road, NW. $6,820.00

06R1827( 4) Claim of Liberty Mutual Group, as subrogee of Kathryn Suratt, Thomas George Associates, Ltd., 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. $4,760.13

06R1828( 5) Claim of State Farm Insurance Companies, as subrogee of John Rogers, for damages alleged to have been sustained as a result of a vehicular accident on April 2, 2005 at Joseph E. Lowery Boulevard and Rose Circle. $3,815.00

06R1829( 6) Claim of Micah McNeese, a minor, through her attorney, Gregory M. Evans, for damages alleged to have been sustained as a result of a vehicular accident on March 25, 2006 at Interstate 20 Eastbound at the Joseph E. Lowery Boulevard exit. $2,500.00

06R1830( 7) Claim of Travelers, as subrogee of Insured, Richard Clark, for vehicular damages alleged have been sustained from an automobile accident on April 18, 2006 at Bolling Way and East Paces Ferry Road. $2,145.52

06R1831( 8) Claim of State Farm Insurance Companies, as subrogee of Daniel Calhoun, for damages alleged to have been sustained as a result of striking an open construction cut on June 8, 2006 on Bolton Road. $1,851.35

06R1832( 9) Claim of Luther Payton, for damages alleged to have been sustained as a result of an automobile accident on June 6, 2006 at Forsyth Street and Marietta Street. $1,793.54

06R1833(10) Claim of Charles L. Strickland, for damages alleged to have been sustained as a result of striking an open construction cut on June 4, 2006 on Bolton Road. $1,460.00

06R1834(11) Claim of Daniel R. Calhoun, for damages alleged to have been sustained as a result of striking an open construction cut on June 8, 2006 on Bolton Road. $1,000.00

06R1835(12) Claim of Terry Reese, for damages alleged to have been sustained as a result of a vehicular accident on July 19, 2006 at 2640 Jonesboro Road. $962.15

06R1836(13) Claim of GEICO, as subrogee of insured, Danya P. Blount, for vehicular damages alleged to have been sustained due to an automobile accident on January 28, 2006 at Martin Luther King, Jr. Drive, SW and Fairburn Road, SW. $17,873.50

Claims with unfavorable recommendations:

06R1837( 14) Claim of Dexter Crotts, for vehicular damages alleged to have been sustained after driving over a construction site that was left open and in an unsafe condition on August 31, 2005 at 1001 Johnson Ferry Road, NE.

06R1838(15) Claim of Thomas Earle, through his attorney, Joel H. Roth, for damages alleged to have been sustained as a result of a police search on June 19, 2006 at 69 Andrian Place.

06R1839(16) Claim of Victoria Wimberley, for damages alleged to have been sustained as a result of a slip and fall incident on July 24, 2006 at 395 Piedmont Avenue, NE.

06R1840(17) Claim of Naglaa Hamzi, for damages alleged to have been sustained as a result of a slip and fall on February 3, 2006 at Hartsfield-Jackson Atlanta International Airport.

06R1841(18) Claim of Annie J. Moore, for damages alleged to have been sustained during the installation of a water main on June 6, 2006 at 988 Palmetto Avenue, SW.

06R1842(19) Claim of Garry Fortson, for damages alleged to have been sustained as a result of a driving into a sink hole on April 21, 2006 at Washington Place near New Castle Street.

06R1843(20) Claim of James C. Chaffin, for vehicular damages alleged to have been sustained after driving over a construction site that was left open and in an unsafe condition on March 21, 2006 at 1365 Monroe Drive, NE.

06R1844(21) Claim of William R. Fuller, for property damages alleged to have been sustained due to flooding from a water main break on December 8, 2005 at 1694 Pine Ridge Drive.

06R1845(22) Claim of Laketta Thompson, for damages alleged to have been sustained as a result of driving over a construction cut on December 5, 2006 at the intersection of Joseph E. Lowery and Martin Luther King, Jr. Drive.

06R1846(23) Claim of Wanda May Denton, through her attorney, Anthony T. Pete, for damages alleged to have been sustained as a result of a trip and fall on February 4, 2006 at the Hartsfield-Jackson Atlanta International Airport.

06R1847(24) Claim of Rashmi Shah, for damages alleged to have been sustained as a result of driving over a pothole on July 3, 2006 at 8^th Street near Monroe and Charleston.

06R1848(25) Claim of Danielle Carolan, for damages alleged to have been sustained as a result of driving over debris in the roadway on March 21, 2006 at North Druid Hills Road and LaVista Road.

06R1849(26) Claim of Willie Wiley 52524-019, for damages alleged to have been sustained as a result of not returning seized property after the dismissal of criminal cases on April 23, 2003.

06R1850(27) Claim of David Sandor, for damages alleged to have been sustained as a result of a tree limb falling on June 11, 2006 at 152 Westminster Drive.

06R1851(28) Claim of Aaron Benoy, for damages alleged to have been sustained as a result of driving over a pothole on February 26, 2006 at West Marietta Street and Lois Street.

06R1852(29) Claim of Deborah Kimble, for damages alleged to have been sustained as a result of walking on an uncovered water meter box on May 14, 2005 at 857 Simpson Street.

CONSENT AGENDA SECTION II

ORDINANCES FOR FIRST READING

PUBLIC SAFETY AND LEGAL

ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

06O1908( 1) An Ordinance by Public Safety and Legal Administration Committee amending Chapter 162, Article II, Division 1, Section 162-33 of the Code of Ordinances of the City of Atlanta, Georgia (“City”), on behalf of the Department of Police, Bureau of Taxicabs and Vehicles for Hire (“Department”), for the purpose of increasing the fees the City assesses Taxicab Drivers and Taxicab Companies in order to offset the funding that’s provided by the City to subsidize the Department’s Operating Budget; to create a Taxicab Re-Inspection Fee; and for other purposes.

TO BE REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

COMMUNITY DEVELOPMENT/

HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR

06O1867( 2) CDP-06-55 An Ordinance by Community Development/Human Resources Committee to amend the City of Atlanta’s 2004-2019 Comprehensive Development Plan (CDP) so as to incorporate the projects recommended in the Campbellton-Cascade Corridors Redevelopment Plan; and for other purposes. (Advertised for Public Hearing 9/11/06)

NPUs-I, P, R, T and S Council Districts 4, 10, 11 and 12