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ATLANTA CITY COUNCIL
AGENDA
OCTOBER 16, 2006
Note: A complete listing of items 5 and 8 may not appear in this version.
Order of Business
for the
Monday,
October 16, 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 3
12. Consent Agenda
13.
Report of Standing Committees
Committee Chairs
Pages
Finance/Executive Committee Howard Shook 25
City Utilities Committee Ceasar C. Mitchell 31
Zoning Committee Carla Smith 34
Committee on Council** Felicia A. Moore 62
Public Safety and Legal
Administration Committee* Cleta Winslow 66
Community Development/Human
Resources Committee Jim Maddox 69
Transportation Committee Clair Muller 75
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
8 & 11)
PROCLAMATIONS,
COMMENDATIONS AND OTHER SPECIAL
AWARDS
Councilmember C. T. Martin – proclamation being presented to:
Honoring The
Friends of
8. COMMUNICATIONS
06C2268( 1) A Communication by Councilmembers Felicia A. Moore, District 9; C. T. Martin, District 10; Jim Maddox, District 11; Joyce M. Sheperd, District 12 and H. Lamar Willis, Post 3 At-Large appointing Ms. Cindy Dennis to serve as a member of the Beltline Tax Allocation District Advisory Committee for the City of Atlanta. This 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
06C2269( 2) A Communication by Councilmembers Felicia A. Moore, District 9; C. T. Martin, District 10; Jim Maddox, District 11; Joyce M. Sheperd, District 12 and H. Lamar Willis, Post 3 At-Large appointing Dr. Marie R. Metze to serve as a member of the Beltline Tax Allocation District Advisory Committee for the City of Atlanta. This 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
06C2270( 3) A Communication by Councilmember Felicia A. Moore appointing Ms. Tanya C. Mitchell to serve as a member of Keep Atlanta Beautiful Board of Directors. This appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.
TO BE REFERRED TO CITY UTILITIES COMMITTEE AND COMMITTEE ON COUNCIL
06C2271( 4) A Communication by Councilmember Anne Fauver appointing Mr. John Wolfinger to serve as a member of Keep Atlanta Beautiful Board of Directors. This appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.
TO BE REFERRED TO CITY UTILITIES COMMITTEE AND COMMITTEE ON COUNCIL
11.
UNFINISHED BUSINESS
06O1923( 1) An Ordinance by Councilmembers Howard Shook, Jim Maddox, H. Lamar Willis and Ceasar C. Mitchell to amend the Land Use Element of the City of Atlanta’s 2004-2019 Comprehensive Development Plan (“CDP”) so as to designate property located in the Sandtown Community, after its annexation into the City of Atlanta, as Open Space, Single-Family Residential, Mixed-Use and Low-Density Commercial; and for other purposes. (Public Hearing held 9/11/06)
At the regularly scheduled meeting of October 02, 2006, Chairperson Shook made a motion to continue to table Ordinances 06O1923 06-O-1924, 06-O-1925, 06-O-1926 and 06-O-1927. It was properly seconded and carried by a roll call vote of 14 yeas; 0 nays.
REMAIN TABLED BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS
06O1924 ( 2) An Ordinance by Councilmembers Howard Shook, Jim Maddox, H. Lamar Willis and Ceasar C. Mitchell to provide for the Annexation of land known as the Sandtown Community to the corporate limits of the City of Atlanta; to provide for the notification of the Department of Community Affairs; and for other purposes.
At the regularly scheduled meeting of October 02, 2006, Chairperson Shook made a motion to continue to table Ordinances 06O1923 06-O-1924, 06-O-1925, 06-O-1926 and 06-O-1927. It was properly seconded and carried by a roll call vote of 14 yeas; 0 nays.
REMAIN TABLED BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS
06O1925 ( 3) An Ordinance by Councilmembers Howard Shook, Jim Maddox, H. Lamar Willis and Ceasar C. Mitchell to amend the Land Use Element of the City of Atlanta’s 2004-2019 Comprehensive Development Plan (“CDP”) so as to designate property located in the Cascade Glen Subdivision, after its annexation into the City of Atlanta, as Single-Family Residential; and for other purposes. (Public Hearing held 9/11/06) (Favorable by CD/HR Committee 9/12/06)
11.
UNFINISHED BUSINESS (C0NT’D)
At the regularly scheduled meeting of October 02, 2006, Chairperson Shook made a motion to continue to table Ordinances 06O1923 06-O-1924, 06-O-1925, 06-O-1926 and 06-O-1927. It was properly seconded and carried by a roll call vote of 14 yeas; 0 nays.
REMAIN TABLED BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS
06O1926 ( 4) An Ordinance by Councilmembers Howard Shook, Jim Maddox, H. Lamar Willis and Ceasar C. Mitchell to provide for the Annexation of land known as the Cascade Glenn to the corporate limits of the City of Atlanta; to provide for the notification of the Department of Community Affairs; and for other purposes.
At the regularly scheduled meeting of October 02, 2006, Chairperson Shook made a motion to continue to table Ordinances 06O1923 06-O-1924, 06-O-1925, 06-O-1926 and 06-O-1927. It was properly seconded and carried by a roll call vote of 14 yeas; 0 nays.
REMAIN TABLED BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS
06O1927 ( 5) An Ordinance by Councilmembers Howard Shook, H. Lamar Willis, Jim Maddox and Ceasar C. Mitchell as substituted by Zoning Committee to amend the 1982 Zoning Ordinance of the City of Atlanta, As Amended, so as to create a New Chapter to be entitled, 8B, Fulton County Townhouse Residential; to establish design guidelines for said District; to enact, by reference and incorporation, a Map establishing the boundaries of said District for the Cascade Glenn; to amend the City of Atlanta Zoning Maps; to modify the zoning process for annexations; and for other purposes.
At the regularly scheduled meeting of October 02, 2006, Chairperson Shook made a motion to continue to table Ordinances 06O1923 06-O-1924, 06-O-1925, 06-O-1926 and 06-O-1927. It was properly seconded and carried by a roll call vote of 14 yeas; 0 nays.
REMAIN TABLED BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS
06O2144 ( 6) An Ordinance by Councilmembers Jim Maddox, Cleta Winslow, Howard Shook, H. Lamar Willis, Ivory Lee Young, Jr., Ceasar C. Mitchell, Kwanza Hall and Carla Smith as amended by Full Council amending the 2006/2007 (General Fund) Non-Departmental Budget in the amount of $578,000.00 by transferring funds from the Non-Departmental Reserve for Appropriations Account to Various Accounts of the President of Council and City Council Members Operating Budget; and for other purposes.
At the regularly scheduled meeting of October 02, 2006, Councilmember Maddox made a motion to table Ordinance 06O2144as amended. Without objection, the motion carried by a roll call vote of 13 yeas; 0 nays.
TABLED AS AMENDED BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS
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
FINANCE/EXECUTIVE COMMITTEE – KWANZA HALL,
VICE-CHAIR
06O2120 ( 1) An Ordinance by Finance/Executive Committee Anticipating and Appropriating Bond Proceeds in the amount of $61,873,442.85, from the Atlanta Fulton County Recreation Authority Refunding Revenue Bond, Series 2005A Issue to fund Various Projects; and for other purposes.
CITY UTILITIES COMMITTEE - CEASAR C. MITCHELL, CHAIR
06O2248( 2) An Ordinance by Councilmember Ceasar C. Mitchell authorizing the Mayor or her designee to amend Ordinance Number 06O1623by correcting the amount being transferred to the 1999 Water and Wastewater Bond Fund Reserve for Appropriations; and for other purposes.
PUBLIC SAFETY AND LEGAL
ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR
06-O-2069 ( 3) An Ordinance by Public Safety and Legal Administration Committee amending the 2006 (Intergovernmental Grant Fund) Budget, Department of Police (“Department”), by transferring the remaining U. S. Department of Justice Grant Funds and Administrative Operations from Spelman College to the Mayor’s Office of Weed and Seed in an amount not to exceed $213,183.09; to continue the Project Safe Neighborhood Initiatives to prevent violent crime; and for other purposes.
06O2118( 4) An Ordinance by Public Safety and Legal Administration Committee to correct the Center Number in Ordinance Number 06O0541adopted by the Atlanta City Council on March 20, 2006, and approved by the Mayor on March 28, 2006; and for other purposes.
COMMUNITY
DEVELOPMENT/
HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR
06O1163 ( 5)
An Amended Ordinance by Community Development/Human Resources Committee
adopting the 2007-2012 City of
06O1192( 6)
CDP-06-45
An Ordinance by Community
Development/Human
NPUs-V and W
Council Districts 1 & 5
06O2135( 7) An Ordinance by Councilmember Clair Muller as substituted by Community Development/Human Resources Committee to place a moratorium on the acceptance of all Subdivision Permit Applications which include contemplation of or create lots of sufficient size and location that would allow for the use of septic systems for a period not to exceed 120 days or the adoption of legislation that requires new subdivisions to utilize the City’s Public Sewer System, whichever occurs first; and for other purposes.
06O2066( 8) An Ordinance by Community Development/Human Resources Committee amending the 2006 (Intergovernmental Grant Fund) Budget by adding to anticipations and appropriations in the amount of $399,900.00 to increase the budget amount authorized by the U. S. Department of Housing and Urban Development (“HUD”) for the City of Atlanta’s Section 8 Moderate Rehabilitation Program (GA269SR0006); and for other purposes.
RESOLUTIONS
FINANCE/EXECUTIVE COMMITTEE - KWANZA HALL,
VICE-CHAIR
06R2219( 1) A Resolution by Finance/Executive Committee to extend the Service Delivery Strategy between the City of Atlanta and Dekalb County for a period of one year ending on October 31, 2007; and for other purposes.
06R2220( 2)
A Resolution by Finance/Executive Committee authorizing the Mayor to
enter into a Contract, on behalf of the Department of Parks, Recreation and
Cultural Affairs, with Pro Grass, LLC., for FC-3006007950 for the purpose of
constructing an Artificial Turf Practice Field at the Adamsville Recreation
Center, in an amount not to exceed $435,359.00.
All Contracted work shall be charged to and paid from Fund, Account and
Center Numbers: 1C43 (2000 Park Improvement Bond Fund) 573001 (Facility
Buildings) N12D09D39999 (
06R2267( 3) A Resolution by Finance/Executive Committee providing for
*** the call of a public hearing of the Council of the City of Atlanta, Georgia, for consideration of certain ordinances which, if adopted and approved, will authorize the City of Atlanta to issue $8,000,000.00 in aggregate principal amounts of various purpose General Obligation Bonds; the publication of notice to the public of the call and holding of such hearing; and for other purposes.
CITY UTILITIES COMMITTEE - CEASAR C. MITCHELL, CHAIR
06R2224( 4) A Resolution by City Utilities Committee authorizing the Mayor or designee to issue a Notice-to-Proceed with CH2M Hill, Inc.,/Williams-Russell and Johnson, a Joint Venture, for FC-7619-03C, Architectural and Engineering Services for Water Tank Structural Repair and Painting, on behalf of the Department of Watershed Management, in an amount not to exceed $463,700.00; all contracted work shall be charged to and paid from Fund, Account and Center Number: 2J21 (Water & Wastewater Renewal & Extension Fund) 524001 (Consultant/Prof. Services) Q67J010294DA (General Imp. Pump Station/Storage Tanks).
06R2225( 5) A Resolution by City Utilities Committee to correct Resolution 06R0163adopted by City Council January 17, 2006 and approved by the Mayor January 24, 2006, to correct the amount associated with the Fund, Account and Center Number; and for other purposes.
06-R-2226 ( 6) A Resolution by City Utilities Committee authorizing the Mayor to enter into three (3) Intergovernmental Agreements with Fulton County, Georgia, to provide for Formal Service Agreements for Wholesale Wastewater Service provided by the City of Atlanta and by Fulton County, on behalf of the Department of Watershed Management; and for other purposes.
06R2227( 7) An Amended Resolution by City Utilities Committee authorizing the Mayor to enter into an Agreement with Atlantic Skanska, Inc., for FC-3006007955, R. M. Clayton Water Reclamation Center Digester Cover Replacement, on behalf of the Department of Watershed Management, in an amount not to exceed $15,482,000.00; all contracted work will be charged to and paid from Various Fund, Account and Center Numbers; and for other purposes.
06R2229( 8) A Resolution by City Utilities Committee authorizing the Mayor to enter into an Intergovernmental Agreement with Fulton County, Georgia, to provide for a Formal Billing and Collection Agreement for retail wastewater services provided by Fulton County in those areas of the County where the City of Atlanta provides retail water services, on behalf of the Department of Watershed Management; and for other purposes.
06R2249( 9) 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 $8,500.00 as stipulated penalties for the violation of CSO Total Residual Chlorine Operational Standards at Clear Creek CSO on September 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 - CLETA WINSLOW, CHAIR
06R2208(10) A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to enter into a Lease Agreement, on behalf of the Department of Police, with the Atlanta Independent School System, for the rental of 64,705 square feet of training and classroom space at the Harper Facility, located at 180 Southside Industrial Parkway, Atlanta, Georgia, for the Police Training Academy beginning February 1, 2007, until January 31, 2012, in an amount not to exceed $66,204.00 annually for the first year and a 5% a year increase for subsequent years, all charges shall be paid from Fund, Account and Center Number: 1A01 525001 X25001.
06R2209(11) A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to apply for and accept additional grants from the Georgia Emergency Management Agency, on behalf of the Department of Police, in an amount not to exceed $1,000,000.00, for training and equipment to combat terrorism; and for other purposes.
06R2210(12) A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor, on behalf of the Department of Police (“Department”), to apply for a grant from the Georgia Crime Information Center (“GCIC”) in an amount not to exceed $500,000.00 for the purpose of acquiring computer hardware and software to allow for the exchange and dissemination of criminal history information with other law enforcement agencies; and for other purposes.
06R2211(13) A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to enter into a Renewal Lease Agreement with the Simon Property Group for the rental of approximately 2,846 square feet of office space located at 3393 Peachtree Road, Suite 2015, Lenox Mall, Atlanta, Georgia, for the Department of Police Zone Two Sub-Station, beginning November 1, 2006 until October 31, 2007, in an amount not to exceed $1.00 per year to be charged to and paid from Fund, Account and Center Number: 1A01 (General Fund) 525001 (Rentals/Leases Non-Capital) X42002 (Zone 2); and for other purposes.
06R2236(14) A Substitute Resolution by Public Safety and Legal Administration Committee authorizing the City Attorney, on behalf of the City of Atlanta (“City”), to sign an Amicus Curae Brief (“Friend of the Court Brief”) in support of an appeal to the United States Court of Appeals for the Eleventh Circuit which seeks to uphold the “Pat-Down” Policy adopted by the National Football League (“NFL”) and implemented at facilities where NFL Games are played, for safety and security purposes; and for other purposes.
06R2266(15) A Resolution by Public Safety and Legal Administration
***
Committee authorizing funds for settlement of the inverse condemnation
case entitled Annie J. Crowe V. City of Atlanta, filed with the
COMMUNITY DEVELOPMENT/
HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR
06R1873(16) A Resolution by Community Development/Human Resources
CDP-06-57 Committee adopting the English Avenue Redevelopment Plan Update into the City of Atlanta’s 2004-2019 Comprehensive Development Plan; and for other purposes.
06R2068(17) A Resolution by Community Development/Human Resources Committee authorizing the Mayor, on behalf of the Department of Planning and Community Development, Bureau of Housing (“Department”), to enter into a Housing Assistance Payments Contract Amendment with Urban Residential Development Corporation to implement the Section 8 Moderate Rehabilitation Program sponsored by the U.S. Department of Housing and Urban Development (HUD); and for other purposes.
06R2213(18) A Resolution by Community Development/Human Resources Committee authorizing the Mayor to issue a Notice-To-Proceed with CH2M Hill, Inc./Williams-Russell and Johnson, a Joint Venture, for FC-7619-03C, Architectural and Engineering Services for Professional Services to review Building Permit Applications and commenting on compliance with the applicable City of Atlanta Codes, on behalf of the Department of Planning and Community Development in an amount not to exceed $100,000.00. All contracted work shall be charged to and paid from Fund, Account, and Center Number: 1A01 (General Fund) 524001 (Consultant/Pro. Services) Y22001 (Assist. Director).
06R2214(19) A Resolution by Community Development/Human Resources Committee authorizing the Mayor to amend a Lease Agreement with the Annie E. Casey Foundation for space at the Dunbar Neighborhood Center, so as to change the term from three years, to three years with one three year renewal option; and for other purposes.
06R2235(20)
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, Inc., for
FC-3006007949 for the purpose of Renovating the Langford Park Recreation Center,
in an amount not to exceed $266,414.00. All
contracted work shall be charged to and paid from Fund, Account and Center
Numbers 1B01 (Community Development Fund) 529002 (Service Grants) N12D1653A20A (
TRANSPORTATION COMMITTEE - CLAIR MULLER, CHAIR
06R2230(21) A Resolution by Transportation Committee authorizing the Mayor to execute an Airport Use License Agreement with Cargo 360, Inc., for operations at Hartsfield-Jackson Atlanta International Airport; and for other purposes.
06R2231(22) A Resolution by Transportation Committee authorizing the Mayor to execute Amendment No. 15 to the Central Passenger Terminal Complex (“CPTC”) Lease Agreement with Delta Air Lines, Inc. covering the Permanent Surrender, to the City of Atlanta, various exclusive leased premises located in the Central Passenger Terminal Complex at Hartsfield-Jackson Atlanta International Airport; and for other purposes.
06R2232(23) A Resolution by Transportation Committee authorizing the Mayor to execute an Agreement with the Atlanta Airlines Terminal Corporation for reimbursement of maintenance and operation charges for Fiscal Year 2007, on behalf of the Department of Aviation, in an amount not to exceed $2,991,000.00; all contracted work will be charged to and paid from Fund, Account and Center Number: 2H27 (2000 Airport Revenue Bond Fund), 574001 (Facilities other than Buildings) R21E013293CG (Terminal Planning and Design); and for other purposes.
06R2247(24) A Resolution by Councilmember Kwanza Hall authorizing the Mayor to execute a Right-of-Way Maintenance Agreement with the Georgia Department of Transportation concerning certain portions of Moreland Avenue (State Route 42), and an Agreement with Freedom Park Conservancy, Inc., to assume the City’s obligations as set forth in the Right-of-Way Mowing and Maintenance Agreement; and for other purposes.
PUBLIC SAFETY AND LEGAL
ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR
Claims with favorable recommendations:
06R2154( 1) Claim of Mamie S. Taylor and Tanesha S. Burney, for vehicular damages alleged to have been sustained due to an automobile accident on May 13, 2006 at 2297 Swallow Circle, SE and Jay Place, SE. $2,550.38
06R2155( 2)
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. $1,524.35
06R2156( 3)
Claim of Marianne Brenner Bogan, for damages alleged to have been
sustained as a result of being rear-ended by a City vehicle on August 5, 2005 at
the intersection of Northside Drive and Echota Drive. $1,319.71
06R2157( 4)
Claim of Donovan Boyd and Edward Boyd, for vehicular damages
alleged to have been sustained due to an automobile accident on June 19, 2006 at
Maxwell Drive, SW and Campbellton Road, SW.
$2,982.19
06R2158( 5)
Claim of Kenneth Alexander, for damages alleged to have been
sustained as a result of driving over an unsecured construction cut on August
29, 2006 at 1222 West Marietta Street.
$686.30
06R2159( 6)
Claim of Sharon A. Jones, for damages alleged to have been
sustained as a result of a vehicular accident on August 9, 2006 at 2226 Lang
Drive, SW. $1,952.52
06R2160( 7)
Claim of Erica Card and Carol Louis Kenney, for damages alleged to
have been sustained as a result of driving into an unsecured construction cut on
January 24, 2006 at 1360 Memorial Drive.
$2,036.85
06R2161 8) Claim of
Shakita Hudson, through her attorney, Michael Norman, for damages alleged
to have been sustained as a result of an automobile accident on October 5, 2005
at Boulder Park Drive, SW and Brownlee Road, SW.
$3,500.00
06R2162( 9)
Claim of Alexander and Luis A. Lopez, for damages alleged to have
been sustained as a result of striking an open construction cut on July 8, 2006
at Capitol Avenue and Pollard Street. $1,420.00
06R2163(10)
Claim of 430 Lindbergh Condominium Association, for property
damages alleged to have been sustained when an irrigation system was destroyed
during a sidewalk installation project on October 3, 2005 at 430 Lindberg Drive,
NE #C-4.
$1,800.00
06R2164(11)
Claim of Ephron Rivers III and Tamika Rivers, for damages alleged
to have been sustained as a result of a vehicular accident on August 14, 2006 at
the intersection of Memorial Drive, SW and Pryor Street, SW. $763.76
Claims with unfavorable recommendations:
06R2165(12) Claim of Michael A. Fisers, for damages alleged to have been sustained from an automobile accident on January 26, 2006 at 1055 Cumberland Road, NE.
06R2166(13) Claim of Goode Price Weaver, Jr., for property damages alleged to have been sustained from a sanitary sewer backup on June 30, 2006 at 1111 Seaboard Avenue, NW.
06R2167(14) Claim of Emily Bridges, for damages alleged to have been sustained as a result of a slip and fall on July 27, 2006 at 395 Piedmont Avenue, NE.
06R2168(15) Claim of Humphrey Smith, for damages alleged to have been sustained as a result of driving over a pothole on July 24, 2006 at 2035 Martin Luther King, Jr. Drive.
06R2169(16) Claim of Simon Gozlan, through his attorney, Audi Gozlan, for damages alleged to have been sustained as a result of personal injuries on September 11, 2005 at the Hartsfield-Jackson Atlanta International Airport.
06R2170(17) Claim of Saneathia Jinks, for damages alleged to have been sustained as a result of a flooding from a clogged catch basin on June 26, 2006 at 704 Parsons Street.
06R2171(18) Claim of Jackie Johnson, for damages alleged to have been sustained as a result of a conviction in Municipal Court in September, 2005 for violations occurring at property located at 1685 Willis Mill Road, SW.
06R2172(19) Claim of Lynda Kramer, through her attorney, Steven Jackson, for damages alleged to have been sustained as a result of personal injuries on May 23, 2006 at the Hartsfield-Jackson Atlanta International Airport.
06R2173(20) Claim of David Barrie, for damages alleged to have been sustained as a result of a burglary investigation on February 22, 2006 at 1000 Eulalia Road.
06R2174(21) Claim of Kevin J. Leonpacher, for damages alleged to have been sustained as a result of striking a damaged catch basin on October 5, 2004 at 87 Peachtree Street, SW.
06R2175(22) Claim of Cathedral of Faith Church of God in Christ, Inc., through its attorney, Reginald L. Winfrey, for damages alleged to have been sustained as a result of the denial of a demolition permit on December 7, 2004 at 1177 Avon Avenue.
06R2176(23) Claim of Geoyundra Taylor, for vehicular damages alleged to have been sustained from an automobile accident on May 31, 2006 at 2297 Swallow Circle, SE.
06R2177(24) Claim of Brenda West, for damages alleged to have been sustained as a result of a vehicular accident in December, 2005 at 1394 Westboro Drive.
06R2178(25) Claim of Damone Cunnigan, for vehicular damages alleged to have been sustained after driving over a construction site that was left open and in an unsafe condition on July 20, 2006 at West Peachtree Street and 11th Street, NE.
06R2179(26) Claim of Richard Pilger, for vehicular damages alleged to have been sustained after driving over a construction site that was left open and in an unsafe condition on July 20, 2006 at West Peachtree Street and 11th Street, NE.
06R2180(27) Claim of Betty Borden Miller, through her attorney, Joel H. Roth, for damages alleged to have been sustained as a result of a slip and fall on August 18, 2006 at Hartsfield-Jackson Atlanta International Airport.
06R2181(28) Claim of Patricia Coleman, for damages alleged to have been sustained as a result of a fall on the jetway on March 12, 2006 at the Hartsfield-Jackson Atlanta International Airport.
06R2182(29) Claim of Paige E. Tolbert and James A. Mulholland, for damages alleged to have been sustained as a result of a tree falling on July 4, 2006 at 321 Gordon Avenue, NE.
06R2183(30) Claim of Betty Hicks, through her attorney, Matthew F. McGahren, for damages alleged to have been sustained as a result of a slip and fall incident on November 27, 2004 at 2854 Greenbriar Parkway.
06R2184(31) Claim of Bernice Washington, for damages alleged to have been sustained as a result of striking a ground wire protruding into the roadway on May 24, 2006 at 302 North Decatur Road and Bell Street.
06R2185(32) Claim of Robert L. Darden, for damages alleged to have been sustained as a result of flooding on July 5, 2005 at 206 Atlanta Avenue, SE.
06R2186(33) Claim of Kenneth Knighton, for damages alleged to have been sustained from a sewer backup on July 16, 2006 at 3941 Ester Drive, SW.
06R2187(34) Claim of Laura Counsins-Baker, for damages alleged to have been sustained as a result of flooding on July 6, 2005 at 157 Ormond Street.
06R2188(35) Claim of Financial Claims, Inc., as subrogee of its insured, Travelers Property & Casualty Corporation, for property damages alleged to have been sustained on an unspecified date and at an unspecified location.
06R2189(36) Claim of John Collier, through his attorney, Sam L. Starks, for damages alleged to have been sustained as a result of flooding on June 25, 2006 and June 26, 2006 at 237 Atlanta Avenue, SE.
06R2190(37) Claim of Sylvester Fambro, through his attorney, Sam L. Starks, for damages alleged to have been sustained as a result of flooding on June 25, 2006 and June 26, 2006 at 201 Atlanta Avenue, SE.
06R2191(38) Claim of Erica Fambro, through her attorney, Sam L. Starks, for damages alleged to have been sustained as a result of flooding on June 25, 2006 and June 26, 2006 at 201 Atlanta Avenue, SE.
06R2192(39) Claim of Sandra Whetstone, for damages alleged to have been sustained as a result of personal injuries due to a fall on January 25, 2006 at the Hartsfield-Jackson Atlanta International Airport.
06R2193(40) Claim of D. Brooks and Nancy Cowles, for damages alleged to have been sustained as a result of a tree limb falling onto their home on August 1, 2004 at 3325 Ivanhoe Drive.
06R2194(41) Claim of Alfred Coleman, III, through his attorney John E. Falcone, for damages alleged to have been sustained as a result of personal injuries on July 25, 2006 at the Hartsfield-Jackson Atlanta International Airport.
06R2195(42) Claim of Lonnie Character, through his attorney, John E. King, Jr., for damages alleged to have been sustained as a result of a vehicular accident on March 8, 2006 at Campbellton Road and DeLowe Drive.
06R2196(43) Claim of Alex Hunte, for damages alleged to have been sustained as a result of flooding on July 6, 2005 at 202 Atlanta Avenue, SE.
06R2197(44) Claim of Erika Cook-Aaron, for damages alleged to have been sustained as a result of flooding on July 6, 2005 at 198 Atlanta Avenue, SE.
06R2198(45) Claim of Sylvester and Eryca Fambro, for damages alleged to have been sustained as a result of flooding on July 7, 2005 and July 8, 2005 at 201 Atlanta Avenue, SE.
06R2199(46) Claim of Annie Wright, through her attorney, Sam L. Starks, for damages alleged to have been sustained as a result of flooding on June 25, 2006 and June 26, 2006 at 237 Atlanta Avenue, SE.
06R2200(47) Claim of Annette Wright, through her attorney, Sam L. Starks, for damages alleged to have been sustained as a result of flooding on June 25, 2006 and June 26, 2006 at 237 Atlanta Avenue, SE.
06R2201(48) Claim of Arthur Fairley, for damages alleged to have been sustained as a result of a sewer backup in March 2006 at 974 Parsons Street.
06R2202(49) Claim of Jacquelyn Byrd, for damages alleged to have been sustained as a result of flooding on July 6, 2005 at 202 Atlanta Avenue, SE.
06R2203(50) Claim of Allstate, as subrogee of Ryan Hillman, for damages alleged to have been sustained as a result of a vehicular accident on July 5, 2006 at the intersection of Deering Road, NW and Alden Avenue, NW.
06R2204(51) Claim of Dan Williams, for damages alleged to have been sustained as a result of the unlawful re-zoning of property located at 1371 Greenwich Street, SW.
CONSENT AGENDA SECTION II
ORDINANCES FOR FIRST
FINANCE/EXECUTIVE COMMITTEE - KWANZA HALL,
VICE-CHAIR
06O2215( 1) An Ordinance by Finance/Executive Committee authorizing the Mayor, on behalf of the Department of Parks, Recreation and Cultural Affairs, to negotiate for and purchase the remaining parcel of property, approximately 0.55 Acre located on Wildwood Road, adjacent to the City of Atlanta’s (“City”) existing Morningside Nature Preserve (formerly known as Wildwood Urban Forest), as originally authorized by Ordinance 04O2243 for the purpose of expanding the existing Morningside Nature Preserve; and to negotiate for and purchase a permanent easement on the property located at 924 Wildwood Road, Atlanta, Georgia, in an amount not to exceed $150,025.00; to be paid by the Atlanta Development Authority using the remaining grant funds from the Arthur M. Blank Family Foundation ($50,025.00) and Fund, Account and Center Number 1C28 (General Gov’t Capital Outlay Fund) 57001 (Land) N12P06129989 (Green Space PGM., Parks North) ($100,00.00); and for other purposes.
TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE
06O2216( 2) An Ordinance by Finance/Executive Committee to repeal Part Two, Article X, Division 12 of the Code of Ordinances of the City of Atlanta so as to enact a new Part Two, Article X, Division 12, known as “The Equal Business Opportunity Program” for a five-year period; consistent with certain findings based on the Equal Business Opportunity Disparity Study and Legal Analysis Report and other data relative to the Business Opportunities available to Minority and Female-Owned Businesses in the Atlanta Region; to repeal conflicting ordinances; and for other purposes.
TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE
06O2217( 3) An Ordinance by Finance/Executive Committee to enact a new section to Part Two, Article X, Division 12, known as “The Vendor Relations Ordinances”; to allow the City of Atlanta to maintain data on the performance of Contractors and Vendors in order to ensure that purchases are made from and contracts are awarded to, responsible contractors only; to require vendors and contractors to file a vendor information questionnaire; to repeal conflicting ordinances; and for other purposes.
TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE
06O2218( 4) An Ordinance by Finance/Executive Committee to repeal Part Two, Article X, Division 9 known as “The Assistance to Small and Disadvantaged Businesses; Equal Employment Opportunity in Purchasing and Contracting” of the Code of Ordinances of the City of Atlanta so as to enact a New Part Two, Article X, Division 9, known as “The Small Business Enterprise Opportunity Program”; to promote the economic welfare of the people of the City of Atlanta; to promote full and equal business opportunity for all persons doing business with the City of Atlanta; to promote commerce by assisting Small Business Enterprises (SBE’s) to actively participate in the City of Atlanta’s Procurement process; to repeal conflicting ordinances; and for other purposes.
TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE
06O2237( 5) An Ordinance by Finance/Executive Committee to amend Chapter 114, Article V, Section 114-477 of the City of Atlanta Code of Ordinances and Ordinance 05O0504to extend the date for the positions created in the Unclassified Service in support of the Enterprise Resource Planning Initiative until July 31, 2007; and for other purposes.
TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE
CITY UTILITIES COMMITTEE - CEASAR C. MITCHELL, CHAIR
06O2222 (6) An Ordinance by City Utilities Committee to amend the 2007 (2004 Water and Wastewater Bond Fund) Budget in the amount of $55,147,613.14 to transfer funds from the Reserve for Appropriations (2J28 79001 T11001) for the Phase III Construction Funding for two (2) Sewer Separation Projects (Greensferry and McDaniel) and for other purposes.
TO BE REFERRED TO CITY UTILITIES COMMITTEE
06O2228( 7) An Ordinance by City Utilities Committee amending the 2006 (Intergovernmental Grant Fund) Budget, adding funds to Anticipations and Appropriations in the amount of $192,408.00, on behalf of the Department of Public Works, for the purpose of funding upgrades to traffic signal control equipment at twenty-six (26) intersections in the City of Atlanta; and for other purposes.
TO BE REFERRED TO TRANSPORTATION COMMITTEE
PUBLIC SAFETY AND LEGAL
ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR
06O2205( 8) 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 $57,740.00, for grant funds from the Georgia Emergency Management Agency, in order to purchase equipment and supplies pursuant to the Buffer Zone Protection Program for Homeland Security preparedness; and for other purposes.
TO BE REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION
COMMITTEE
06O2206( 9) 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 $4,125.00, for a grant from the Governor’s Criminal Justice Coordinating Council to fund one member of the Department’s Command Staff to attend the 2006 Georgia International Law Enforcement Exchange to receive anti-terrorism training in Israel; and for other purposes.
TO BE REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION
COMMITTEE
06O2207(10) An Ordinance by Public Safety and Legal Administration Committee to correct the Center Number in Ordinance Number 06O1619adopted by the Atlanta City Council on September 05, 2006, and approved by the Mayor on September 13, 2006; and for other purposes.
TO BE REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION
COMMITTEE
COMMUNITY DEVELOPMENT/
HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR
06O2212 (11) An Ordinance by Community Development/Human Resources Committee amending Chapter 110, Article 1, Section 110-3 of the Code of Ordinances of the City of Atlanta (“City”), Georgia to establish a Pilot Program at designated parks to provide city park users who reserve picnic pavilions, the option of utilizing the enhanced service of park attendants; all salaries for park attendants shall be paid from Fund, Account, and Center Number: 3P02 (Trust Fund) 511003 (Extra Help) N11S0611QNA0 (Special Events); all program fees shall be deposited into Fund, Account, and Center Number 3P02 (Trust Fund) 492303 (Recover Direct Cost) N11S0611QNAO (Special Events); and for other purposes.
TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES
COMMITTEE
06O2242(12) An Ordinance by Community Development/Human Resources Committee amending the 2006 (Community Development Fund) Budget by transferring appropriations in the amount of $864,558.00, and amending the 2006 (Intergovernmental Grant Fund) Budget by transferring appropriations in the amount of $1,606,251.00; and amending the 2006 (HOME Investment Trust Fund) Budget by transferring appropriations in the amount of $593,607.00 for the purpose of reprogramming various CDBG, HOPWA, and HOME Projects for inclusion in the Year 2007 Annual Action Plan for the 2005-2009 Consolidated Plan; and for other purposes.
TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES
COMMITTEE
FINANCE/EXECUTIVE COMMITTEE
KWANZA HALL, VICE-CHAIR
06-TR-2272 ( 1)
Report of the Chief Financial Officer of the transfer of appropriations
from one line item to another line item to various Funds as approved under
Section 6-304(b) of the Charter of the City of
FILE
ORDINANCES FOR SECOND
06O2119( 1) A Substitute Ordinance as amended by Finance/Executive Committee Anticipating and Appropriating Bond Proceeds in the amount of $22,550,037.85, from the Atlanta Fulton County Recreation Authority Opportunity Project, Series 2005 Bond Issue to fund Various Projects; and for other purposes.
FORWARDED WITH NO RECOMMENDATION ON SUBSTITUTE AS
AMENDED ON CONDITION – (1 NAY)
06O2121( 2) An Ordinance by Finance/Executive Committee Anticipating and Appropriating Bond Proceeds in the amount of $82,565,000.00, and transferring the excess Tax Increment in the amount of $2,280,614.40 from the Westside Tax Allocation District (TAD) Bond Series 2005 A & B to fund Various Projects; and for other purposes.
FORWARDED WITH NO RECOMMENDATION ON CONDITION – (1
NAY)
06O2122( 3) An Ordinance by Finance/Executive Committee Anticipating and Appropriating Bond Proceeds in the amount of $166,776,758.38, from the 2006 Atlantic Station Tax Allocation District Bond Series to fund Various Projects; and for other purposes.
FORWARDED WITH NO RECOMMENDATION ON CONDITION – (1
NAY)
06O2123( 4) An Ordinance by Finance/Executive Committee Anticipating and Appropriating Bond Proceeds in the amount of $23,279,191.05, between the City of Atlanta and the Downtown Development Authority (Downtown Parking Deck Project) Series 2006 A & B to fund Various Projects; and for other purposes.
FAVORABLE (1
ABSTENTION)
06O2124( 5) An Ordinance by Finance/Executive Committee Anticipating and Appropriating Bond Proceeds in the amount of $21,075,589.69, from the Princeton Lakes Tax Allocation District (TAD) Bond Issue to fund Various Projects; and for other purposes.
FORWARDED WITH NO RECOMMENDATION ON CONDITION (1
NAY)
06O2125( 6) An Ordinance by Finance/Executive Committee Anticipating and Appropriating Bond Proceeds in the amount of $15,106,350.50, from the Atlanta Fulton County Recreation Authority Bond Series 2005B Issue to fund Various Projects; and for other purposes.
FORWARDED WITH NO RECOMMENDATION ON CONDITION (1
NAY)
06O2126( 7) An Ordinance by Finance/Executive Committee Anticipating and Appropriating Bond Proceeds in the amount of $48,659,421.30, from the 2005 Eastside Tax Allocation District (TAD) Bond Issue to fund Various Projects; and for other purposes.
FORWARDED WITH NO RECOMMENDATION ON CONDITION (1
NAY)
06O2252( 8) An Ordinance by Councilmember Anne Fauver to transfer appropriations in the amount of $500.00 from Council District 6 Expense Account for the purpose of providing Service Grants to NPUs E, F, and N; and for other purposes.
FILE
RESOLUTION
06R2221( 1) A Resolution by Finance/Executive Committee authorizing the Mayor to enter into a Contract, on behalf of the Department of Parks, Recreation and Cultural Affairs, with ASTRA Group, Inc., for FC-3006007951 for the purpose of Ballfield Turf Renovations at the City’s Various Parks, in an amount not to exceed $5,997,998.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: 1C53 (2005A Park Improvement Bond Fund) 574001 (Facilities other than Buildings) N12D11B69999 (Ground and Site Improvement City Wide); and for other purposes.
FAVORABLE ON CONDITION
PAPERS HELD
IN COMMITTEE
06O0380 ( 1) A Substitute Ordinance by Finance/Executive Committee to amend the Charter of the City of Atlanta, Georgia adopted under and by virtue of the Authority of the Municipal Home Rule Act of 1965, O.C.G.A. Section 36-35-1 et seq., as amended, so as to amend the Charter of the City of Atlanta, Georgia, 1996 Ga. Laws P. 4469, et seq., by amending Article 3, Chapter 1, Section 3-104 (14) so as to adjust the limitations upon the Mayor’s procurement authority from $100,000.00 to $1,000,000.00; to amend Article 6, Chapter 4, Section 6-402, so as to adjust the limitations on the Mayor’s small purchase authority from $20,000.00 to $1,000,000.00 and to adjust the threshold requirement for approval of competitively procured contracts by the City Council of Atlanta from $100,000.00 to $1,000,000.00; to repeal conflicting ordinances; and for other purposes. (Substituted and held 2/15/06 to allow additional discussion and review in Committee Work Sessions)
06O0381( 2)
An Ordinance by Finance/Executive Committee to amend Chapter 2, Article
III, Sec. 2-176 and Chapter 2, Article X of the Code of Ordinances of the City
of Atlanta, to provide more efficient, effective standards and procedures to
better manage the Procurement Process in the City of Atlanta; to repeal
conflicting Ordinances; and for other purposes. (Held 2/15/06 to allow
additional discussion and review in Committee Work Sessions)
06O0787( 3)
An Ordinance by Councilmember Ceasar C. Mitchell as substituted by
Finance/Executive Committee to amend the Code of the City of Atlanta, Georgia by
adding to Section 2-183; Department heads under supervision and direction of the
Mayor; exception responsibilities; and for other purposes. (Substituted and held
3/29/06 at the request of the author)
06O1338( 4) A Substitute Ordinance by Finance/Executive Committee to amend Chapter 2, Article X, Division 4, Section 2-1188 (C) of the City of Atlanta Code of Ordinances, to change the means by which public notice of contract opportunities is given, by providing for online solicitations for procurement services which are not governed by state law, and repealing the requirement that solicitations be advertised in a newspaper of general circulation; and for other purposes. (Substituted and held 6/28/06 for further discussion with the overall procurement Code Revisions)
06R1450( 5)
A Resolution by Councilmembers
06O1451( 6)
An Ordinance by Councilmembers
06R1667( 7)
An Amended Resolution by Finance/Executive Committee authorizing the
Mayor to execute a Master Agreement with TDC Systems Integration, Inc., for
FC-6006007881, for Citywide On-call Services for Information Technology
Staffing; authorizing the Chief Information Officer of the Department of
Information Technology, the Director of Information Technology of the Department
of Watershed Management and the Aviation Information Systems Director of the
Department of Aviation, to execute all statements of work; all contracted work
will be charged to and paid from Various Fund, Account and Center Numbers; not
to exceed $400,000.00 per year for each department, specifically Watershed
Management, Aviation and Information Technology, with the total cost not to
exceed $1,200,000.00; and for other purposes. (Amended and held 8/16/06 at the
request of the Committee to allow time pending additional review)
06O1675( 8) A Substitute Ordinance by Finance/Executive Committee amending the Fiscal Year 2007 Budget to include all funds; and for other purposes. (Held 8/30/06 for final closeout of the 2006 Six Month Budget)
06R2238( 9) A Substitute Resolution by Finance/Executive Committee to amend the contract between the City of Atlanta and Oracle USA, Inc. (“ORACLE”) for State of Georgia Contract # GTA 980-020-110165, by authorizing the Mayor or designee to execute Change Order No. 1 with Oracle, on behalf of the Department of Information Technology, in an amount not to exceed $4,594,464.00; all contracted services shall be charged to and paid from Fund, Account and Center Number: 1C51 (Capital Finance Fund) 524001 (Consultant/Prof. Services) T33401 (ERP Project); and for other purposes. (Held 10/11/06 for discussion at the scheduled 11/8/06 work session)
06R2239(10) A Substitute Resolution by Finance/Executive Committee to amend State of Georgia Contract #GTA-000009 between the City of Atlanta and COMSYS Information Technology Services, Inc (“COMSYS”), by authorizing the Mayor or designee to execute Change Order No. 1 with COMSYS for State of Georgia Contract #GTA-000009, on behalf of the Department of Information Technology, in an amount not to exceed $1,200,000.00; all contracted services shall be charged to and paid from Fund, Account and Center Number: 1C51 (Capital Finance Fund) 524001 (Consultant/Prof. Services) T33401 (ERP Project); and for other purposes. (Held 10/11/06 for discussion at the scheduled 11/8/06 work session)
06R2240(11) A Substitute Resolution by Finance/Executive Committee to amend the contract between the City of Atlanta and TESCOM Software Systems Testing (“TESCOM”) for State of Georgia Contract #GTA-000-C-58, by authorizing the Mayor or designee to execute Change Order No. 1 with TESCOM, on behalf of the Department of Information Technology, in an amount not to exceed $326,250.00; all contracted services shall be charged to and paid from Fund, Account and Center Number: 1C51 (Capital Finance Fund) 524001 (Consultant/Prof. Services) T33401 (ERP Project); and for other purposes. (Held 10/11/06 for discussion at the scheduled at the 11/8/06 work session)
06O2250(12) An Ordinance by Councilmember Jim Maddox to provide for the annexation of land to the Corporate Limits of the City of Atlanta, Georgia; to provide for the notification of the Department of Community Affairs of the State of Georgia of such annexation; and for other purposes. (Held 10/11/06 at the request of the Law Department)
MEMBERS PRESENT: HALL, MADDOX, MOORE, MULLER, WINSLOW & WILLIS
CITY UTILITIES COMMITTEE CEASAR C. MITCHELL, CHAIR
ORDINANCE FOR SECOND
06O2223( 1) An Ordinance by City Utilities Committee to amend the 2007 (2004 Water and Wastewater Bond Fund) Budget in the amount of $10,908,516.80 to transfer funds from the Reserve for Appropriations (2J28 79001 T11001) for the Phase IV Construction Funding for West CSO Storage Tunnel and Pumping Station Project; and for other purposes.
FILE
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.)
06R0563( 3) 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( 4) 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.)
06O1454( 5)
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 6/27/06 at the request of the author.)
06O1573( 6) An Ordinance by Councilmember Kwanza Hall authorizing the Mayor or her designee to enter into an Agreement between Hilton Atlanta and the Atlanta Marriott Marquis and the City of Atlanta for the erection of a bridge in accordance with Section 138-25(b) of the City of Atlanta’s Code of Ordinances; and for other purposes. (Held 7/11/06 for further discussions.)
06O1947( 7) An Ordinance by City Utilities Committee to amend Sections 138-25 and 138-26 of the Official Code of Ordinances of the City of Atlanta, Georgia, to authorize the Commissioner of Public Works to determine the monthly rental rates for the air space or subsurface space occupied by bridges, tunnels of similar structures across streets or alleys and balconies over sidewalks of the City of Atlanta; and for other purposes.
(Held 9/18/06 at the request of the Law Department.)
06O2048( 8) An Ordinance by Councilmember Ivory L. Young, Jr. authorizing the Mayor or her designee to amend the City of Atlanta’s Code of Ordinances Section 138-5 Alleys, so as to define the ownership of the Alleys and maintenance thereof of the Alleys in the City of Atlanta, to immediately begin the defined statutory procedure for abandoning the City of Atlanta’s interest in alleys; to request Fulton County to amend the County’s Tax Map and to properly adjust all property within Fulton County to properly access property value and taxes and that millage rate reduction would occur equal to the tax increase; and for other purposes.(Held 9/18/06 at the request of Councilmember Young) (Work session held 10/4/06)
06O2057( 9)
An Ordinance by Councilmember
(Held 9/18/06 at the request of the Law Department for review of the penalty section)
MEMBERS PRESENT: MITCHELL, MULLER, ARCHIBONG & SMITH
ZONING COMMITTEE
CARLA SMITH, CHAIR
ORDINANCES FOR SECOND
06O1878( 1) CDP-05-40 A Substitute Ordinance by Community Development/Human Resources Committee to amend the Land Use Element of the City of Atlanta’s 2004-2019 Comprehensive Development Plan (CDP) so as to re-designate a portion of the property adjacent to 695 North Avenue and known as the Beltline Tract-4 from the “Open Space” Land Use Designation to the “Mixed-Use” Land Use Designation; and for other purposes. (Public Hearing held 9/11/06) (Favorable on Substitute by CD/HR Committee 10/10/06)
NPU-M Council District 2
FAVORABLE ON SUBSTITUTE
06O0944( 2) Z-06-56 An Ordinance by Councilmember Kwanza Hall as substituted by Zoning Committee to amend the Zoning Ordinance of the City of Atlanta and the Maps established in connection with the property located at 695 North Avenue and to waive the provisions of Section 16-27.002(3) of the Zoning Ordinance of the City of Atlanta, entitled “Amendments,” solely for the purposes of this ordinance; and for other purposes.
FAVORABLE ON SUBSTITUTE
06O1074( 3) Z-06-64 An Ordinance by Zoning Committee designating the DuPre Manufacturing Company Mill (a/k/a Excelsior Mill and the Masquerade), located at 695 North Avenue, NE, Land Lot 18, of the 14th District of Fulton County, Georgia and certain real property on which it is located, to the overlay Zoning Designation of Landmark Building or site pursuant to Chapter 20 of the Zoning Ordinance of the City of Atlanta and rezoning from PD-MU (Planned Development-Mixed Use) to PD-MU/LBS (Planned Development-Mixed Use/Landmark Building or Site); to repeal conflicting Laws; and for other purposes.
FAVORABLE
06O1893( 4) CDP-06-70 An Ordinance by Community Development/Human Resources Committee to amend the Land Use Element of the City of Atlanta’s 2004-2019 Comprehensive Development Plan (CDP) so as to re-designate property located at 2459 Barge Road, SW, from the “Single Family Residential” Land Use Designation to the “Low Density Commercial” Land Use Designation; and for other purposes. (Public Hearing held 9/11/06) (Adversed by CD/HR Committee 10/10/06)
NPU-P Council District 11
ADVERSED
06O1807( 5) Z-06-89 An Ordinance by Zoning Committee to rezone from the R-4 (Single-Family Residential) District to the RL-C (Residential-Limited Commercial) District, property located at 2459 Barge Road, SW, fronting approximately 75 feet on the west side of Barge Road and approximately 307 feet north of the intersection of Barge Road and Melwood Avenue.
Depth: Varies
Area: Approximately 0.31 Acre
Land Lot:
5, 14th District,
Owner: SHH Partners, LP
Applicant: PEC Development
NPU-P Council District 11
ADVERSED
06O1894( 6) CDP-06-71 An Ordinance by Community Development/Human Resources Committee to amend the Land Use Element of the City of Atlanta’s 2004-2019 Comprehensive Development Plan (CDP) so as to re-designate property located at 1057 Constitution Road, SE, from the “Single Family Residential” Land Use Designation to the “Medium Density Residential” Land Use Designation; and for other purposes. (Public Hearing held 9/11/06) (Favorable by CD/HR Committee 10/10/06)
NPU-Z Council District 1
FAVORABLE
06O1809( 7) Z-06-91 An Amended Ordinance by Zoning Committee to rezone from the R-4 (Single-Family Residential) District to the MR-3 (Multi-Family Residential) District, property located at 1057 Constitution Road, SE, (a.k.a. addressed as 1058), fronting approximately 210 feet on the north side of Constitution Road.
Depth: Approximately 615 Feet
Area: Approximately 2.98 Acres
Land Lot:
6, 14th District,
Owner: CB Partners, LLC.
Applicant: Michael G. Bryant
NPU-Z Council District 1
FAVORABLE AS AMENDED
ORDINANCES FOR FIRST
06O2253( 1) U-06-22 An Ordinance by Zoning Committee granting a Special Use Permit pursuant to Section 16-16.005 (1)(1) for a Materials Recovery Facility, property located at 825 Warner Street, NW, fronting approximately 177.18 feet on the west side of Allene Avenue.
Depth: Approximately 532 Feet
Area: Approximately 2.96 Acres
Land Lot:
106, 14th District,
Owner: Marshall C. Ezell, Jr.
Applicant: Marshall C. Ezelle, Jr.
NPU-J Council District 3
TO BE REFERRED TO ZRB AND ZONING COMMITTEE
06O2254( 2) U-06-23 An Ordinance by Zoning Committee granting a Special Use Permit pursuant to Section 16-08.005 (1)(k) and Section 16-06.005 (1)(1) for a Private School, property located at 23-41 Peachtree Street, NE, fronting approximately 608 feet on the south side of Peachtree Avenue, beginning 100 feet from the southwest corner of Peachtree Avenue and North Fulton Drive.
Depth: 268 Feet
Area: Approximately 3.76 Acres
Land Lot:
100, 17th District,
Owner:
Applicant:
NPU-B Council District 7
TO BE REFERRED TO ZRB AND ZONING COMMITTEE
06O2255( 3) U-06-24 An Ordinance by Zoning Committee granting a Special Use Permit pursuant to Section 16-06.005 (1)(d) for a Private Club, property located at 254 Club Place and 2560 Alston Drive, NE, fronting approximately 249 feet on the north side of Alston Drive.
Depth: Approximately 37 Feet
Area: Approximately 2.0 Acres
Land Lot:
181, 15th District,
Owner: East Lake Investments, Inc/Nonami Real Estate, LLC.
Applicant: Charles F. Palmer
NPU-O Council District 5
TO BE REFERRED TO ZRB AND ZONING COMMITTEE
06O2256( 4) U-06-25 An Ordinance by Zoning Committee granting a Special Use Permit pursuant to Section 16-11.005 (1)(d) for an Amusement Arcade and Game Room (Bowling Center), property located at 1959 Metropolitan Parkway, SW, fronting approximately 201 feet on the west side of Metropolitan Parkway.
Depth: Varies
Area: Approximately 2.0 Acres
Land Lot:
103, 14th District,
Owner:
Applicant: Bruce E. Richardson
NPU-X Council District 12
TO BE REFERRED TO ZRB AND ZONING COMMITTEE
06O2257( 5) U-06-26/ U-70-14 An Ordinance by Zoning Committee granting a Special Use Permit pursuant to Section 16-08.005 (1)(f) for a Nursing Home for purposes of a change of ownership and a change of conditions, property located at 2920 S. Pharr Court, NW, fronting approximately 269 feet along the west side of Pharr Court South.
Depth: Varies
Area: Approximately 1.91 Acres
Land Lot:
100, 17th District,
Owner:
Applicant:
NPU-B Council District 7
TO BE REFERRED TO ZRB AND ZONING COMMITTEE
06O2258( 6) Z-06-102 An Ordinance by Zoning Committee to rezone from the RG-2 (Residential General-Sector 2) District to the RG-3 (Residential General-Sector 3) District, property located at 23-41 Peachtree Street, NE, fronting approximately 608 feet on the south side of Peachtree Avenue, beginning 100 feet from the southwest corner of Peachtree Avenue and North Fulton Drive.
Depth: 268 Feet
Area: Approximately 3.76 Acres
Land Lot:
100, 17th District,
Owner:
Applicant:
NPU-B Council District 7
TO BE REFERRED TO ZRB AND ZONING COMMITTEE