CITY UTILITIES COMMITTEE

CITY UTILITIES COMMITTEE

AGENDA

MARCH 27, 2007

A.        ADOPTION OF THE AGENDA

B.         APPROVAL OF THE MINUTES

C.        A BRIEF DISCUSSION ON THE BELLSOUTH-AT&T MERGER –

DENNIS BOYDEN, REGIONAL MANAGER-EXTERNAL AFFAIRS, AT&T

D.        COMMENTS FROM THE PUBLIC

CONSENT

E.         ORDINANCES FOR FIRST READING

07O0561( 1)            An Ordinance by City Utilities Committee amending the 2007 (Intergovernmental Grant Fund) Budget, Department of Public Works (“DPW”), by adding funds, to anticipations and appropriations, in the amount of $327,576.00 from the Department of Public Works, for the purpose of funding the Hollywood Road Sidewalk Improvement Project; and for other purposes.

07O0562( 2)            An Ordinance by City Utilities Committee amending  the 2007 (Intergovernmental Grant Fund) Budget, by transferring appropriations from Pryor Road Trail Project to the Metropolitan Parkway Project to fund the construction of the Metropolitan Parkway Streetscape Project, on behalf of the Department of Public Works; and for other purposes.

REGULAR

F.         PUBLIC HEARINGS – ORDINANCES FOR SECOND READING

07O0454( 1)            An Ordinance by City Utilities Committee to abandon a portion of Bryan Avenue, SE, located between Park Avenue and the Dead-End of Bryan Avenue, lying in Land Lot 44, Council District 1, Fulton County, Georgia, consisting of approximately 0.52 acre and being more specifically described in the attached Exhibit “A”; and for other purposes.  (Advertised for a Public Hearing 3/27/07)

07O0455( 2)            An Ordinance by City Utilities Committee to abandon a portion of Mullins Street, SW, located between Tee Road and the Dead-End of Mullins Street, lying in Land Lot 212, Council District 2, Fulton County, Georgia, consisting of approximately 0.2098 acre and being more specifically described in the attached Exhibit “A”; and for other purposes. (Advertised for a Public Hearing 3/27/07)

G.        ORDINANCES FOR SECONDING READING

07O0451( 1)            An Ordinance by City Utilities Committee authorizing the purchase and acquisition of permanent and temporary construction easements and the necessary rights-of-way from various property owners for the purpose of construction and roadway improvements for the Jesse Hill Bridge (Butler Street Bridge), Powers Ferry Road Bridge, Mitchell Street Bridge and Piedmont Avenue Bridge; to authorize the Mayor to negotiate with affected property owners and to use all means necessary to acquire necessary property interests up to and including condemnation proceedings; to authorize the City Attorney to institute condemnation proceedings pursuant to the Declaration of Taking Method authorized by O.C.G.A. Section 32-3-4; to authorize the City Attorney to use the services of outside counsel, where necessary, to handle condemnation proceedings; for other purposes.

07O0452( 2)            An Ordinance by City Utilities Committee authorizing the Chief Financial Officer to amend the Fiscal Year 2007 (Water and Wastewater Renewal and Extension Fund) Budget, on behalf of the Department of Watershed Management, in the amount of $7,114,210.00 to transfer funds from the Reserve for Appropriation for various cost associated with the fund; and for other purposes.

07O0453( 3)            An Ordinance by City Utilities Committee amending the 2007 (General Government Capital Outlay Fund, 1994 Referendum G. O. Bond Fund, 1994 Bond Project Fund and 1996 G. O. Public Improvement Bond Part B) Budget by transferring funds from several project centers to other project centers, in the amount of $1,245,905.33 on behalf of the Department of Public Works, for the purpose of funding the purchase of right-of-way for the Mitchell Street Bridge Project; and for other purposes.

07O0456( 4)            An Ordinance by City Utilities Committee authorizing the purchase and acquisition of permanent and temporary construction easements and the necessary rights-of-way from various property owners for the purpose of construction and design of various unpaved streets pursuant to the City of Atlanta’s Unpaved Street Paving Program; to authorize the Mayor to negotiate with affected property owners and to use all means necessary to acquire necessary property interests up to and including condemnation proceedings; to authorize the City Attorney to institute condemnation proceedings pursuant to the Declaration of Taking Method authorized by O.C.G.A. Section 32-3-4; to authorize the City Attorney to use the services of outside counsel, where necessary, to handle condemnation proceedings; and for other purposes.

07O0613( 6)            An Ordinance by Councilmember Jim Maddox authorizing the Mayor or her designee to waive the sidewalk requirement of Section 15-09.003 of the City of Atlanta Code of Ordinances, to provide that a certain Subdivision SD-06-40, (1571 Dodson Drive, SW applicant deposit a dollar amount ($3,900.00) equal to the value of the required sidewalk construction into a designated Trust Fund Account for District 11; and for other purposes.

07O0617( 7)            An Ordinance by Councilmembers Carla Smith and Anne Fauver authorizing the Commissioner of Public Works, on behalf of the Mayor, to waive paragraphs (a)(1) and (4) of Section 138-60 of the Code of Ordinances of the City of Atlanta, for the issuance of a Banner Permit to the Atlanta Botanical Garden; and for other purposes.

07O0620( 8)            An Ordinance by Councilmembers Carla Smith , Felicia Moore, Ceasar Mitchell, Clair Muller, Mary Norwood , Anne Fauver and Ivory L. Young, Jr. amending the 2007 (2004 Quality of Life Bond Funds) Budget by transferring funds from and to Appropriations for the purpose of reprogramming; and for other purposes.

H.        RESOLUTIONS

07R0564( 1)            A Resolution by City Utilities Committee authorizing the Mayor to execute Renewal Agreement No. 2 with Electronic Data Systems Corporation for FC-7672-04, Amended and Restated Services Agreement for IT Services, on behalf of the Department of Watershed Management, with a reduction in scope of services, in an amount not to exceed $167,547.00; all contracted work will be charged to and paid from Fund, Account and Center Number: 2J01 (Water & Wastewater Revenue Fund) 524001 (Consultant/Professional Services) Q71201 (Technical Support); and for other purposes.

07R0565( 2)            A Resolution by City Utilities Committee authorizing the Mayor to execute Renewal Agreement No. 3 with Jordan, Jones & Goulding, Inc., FC-7425-02, Civil Engineering and Field Inspection Services, on behalf of the Department of Watershed Management; and for other purposes.

07R0566( 3)            A Resolution by City Utilities Committee authorizing the Mayor to enter into Renewal Agreement No. 2 with Montgomery Watson (MWH Americas, Inc.)/Khafra Engineering Consultants, Inc., JV for FC-7093-99, Program Management Services for the Atlanta Wastewater System Improvements Program, on behalf of the Department of Watershed Management, in an amount not to exceed $23,000,000.00; all contracted work will be charged to and paid from Fund, Account and Center Number:  2J21 (Water & Wastewater Renewal & Extension) 524001 (Consultant/Professional Services) Q11I050194DA (Program Management Services); and for other purposes.

07R0567( 4)            A Resolution by City Utilities Committee authorizing the Mayor to enter into a Memorandum of Understanding with Soccer In The Streets, Inc., a non-profit organization, to allow for the use of certain City of Atlanta property located in the Vine City Community for the purpose of passive recreational uses on behalf of the Department of Watershed Management; and for other purposes.

07R0568( 5)            A Resolution by City Utilities Committee authorizing the Mayor to enter into an Agreement with Stewart Bros., Inc., for FC-3006007977, Annual Asphaltic Concrete Pavement and Milling Resurfacing Contract, on behalf of the Department of Watershed Management, in an amount not to exceed $5,612,244.50; all contracted work will be charged to and paid from Various Fund, Account and Center Numbers; and for other purposes.

07R0569( 6)            A Resolution by City Utilities Committee authorizing the Mayor to execute a Third Party Cost Sharing Agreement with JH Holdings, Inc. and 3280 Peachtree I, LLC, to construct the Sewer System in the Revitalization Area, on behalf of the Department of Watershed Management; all contracted work will be charged to and paid from Fund, Account and Center Number:  2J28 (2004 Water & Wastewater Bond Fund) 574001 (Facilities other than Buildings) Q38I02739999 (Sewer Group One Rehabilitation); and for other purposes.

07R0570( 7)            A Resolution by City Utilities Committee authorizing the Mayor to execute Renewal Agreement No. 2 with Shaheed Construction Company, Inc., for FC-6004007818, Annual Contract for Raising Manholes and Valve Covers, on behalf of the Department of Watershed Management, in an amount not to exceed $700,000.00; all contracted worked will be charged to and paid from Fund, Account and Center Number: 2J21 (Water & Wastewater Renewal & Extension ) 574001 (Facilities other than Buildings) Q65101 (Contract Inspections); and for other purposes.

07R0572( 8)            A Resolution by City Utilities Committee authorizing the Mayor to enter into Renewal Agreement No. 1 with Long Engineering, Inc., for FC-6005007887-C, Annual Contract for Professional Design Services for Various Quality of Life Projects (Project E: Simpson Road Streetscape Transportation Enhancements), on behalf of the Department of Public Works, in an amount not exceed $155,118.00; all work will be charged to and paid from Fund, Account and Center Number: 1C50 574001 Y63F058392BH; and for other purposes.

07R0573( 9)            A Resolution by City Utilities Committee authorizing the Mayor to enter into Renewal Agreement No. 1 with HDR Engineering, Inc., for FC-6005007887-D, Annual Contract for Professional Design Services for Various Quality of Life Projects (Projects F: Cascade Mays Streetscape Phase II Transportation Enhancements), on behalf of the Department of Public Works; and for other purposes.

07R0574(10)           A Resolution by City Utilities Committee authorizing the Mayor to enter into Renewal Agreement No. 1 with Pond & Company for FC-6005007887-B, Annual Contract for Professional Design Services for Various Quality of Life Projects (Project C: Bolton/Marietta a Livable Center Initiative, Project D: Bolton/Moore’s Mills Transportation Enhancement and Project G: Marietta Boulevard), on behalf of the Department of Public Works; and for other purposes.

07R0575(11)           A Resolution by City Utilities Committee authorizing the Mayor to enter into Renewal Agreement No. 1 with Engineering Design Technologies, Inc., for FC-6005007887-A, Annual Contract for Professional Design Services for Various Quality of Life Projects (Project A: West End LCI and Project B: Greenbriar Town Center), on behalf of the Department of Public Works; and for other purposes.

07R0576(12)           A Resolution by City Utilities Committee authorizing the Mayor to issue a Notice to Proceed to CH2M Hill/Williams Russell & Johnson, JV, for FC-7619-03C, Annual Contract for Architectural and Engineer Services, for the purpose of providing Raw Water Transmission System Rehabilitation and New Reservoir Transmission System Design, on behalf of the Department of Watershed Management, in an amount not to exceed $2,451,839.00; all work will be charged to and paid from Fund, Account and Center Number: 2J28 (2004 Water & Wastewater Bond Fund) 524001 (Consultant/Professional Services) Q65J08179999 (Raw Water Transmission Mains); and for other purposes.

07R0616(13)           A Resolution by Councilmember Carla Smith 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 $                              as stipulated penalties for the violation of CSO Fecal Coliform Operational Standards                   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. 

I.           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.)

06R0563( 2)            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( 3)            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( 4)            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( 5)            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( 6)            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.)

07R0002( 7)            A Resolution by City Utilities Committee authorizing the Mayor to enter into a Maintenance Agreement with the Georgia Department of Transportation to convert a section of Bolton Road, Fulton Industrial Boulevard and Harwell Road to temporary State Route for Bridge Improvements; and for other purposes.  (Held 1/9/07 for further review.)

( 8)       Appraisal of the abandoned portion of Lakeside Drive, NE , consisting of 19.50 acres proposed assemblage tract or $1,300,000.00 per acre, or $29.84 per square foot.  (Held 1/9/07 for further review.)

J.          REQUESTED ITEM

1.         Councilmember Muller requested the Department of Watershed Management present to the committee a discussion on storm water at a later date.

AGENDA

ZONING COMMITTEE

ZONING COMMITTEE

AGENDA

WEDNESDAY, MARCH 28, 2007

A.        ADOPTION OF AGENDA

APPROVAL OF MINUTES

CONSENT AGENDA

C.        ORDINANCES FOR FIRST READING

07O0602( 1)            An Ordinance by Zoning Committee to amend Sections 16-28A.004, 16.28A.007(h), 16.28A.007(p) and Section 16.28A.013(a) and (b) of the City of Atlanta Sign Ordinance and to add a new Section 16.28A.007(x) so as to update the definition of a changing sign and sign copy, to include electronically changed signs; to remove conflicting language; to more effectively regulate signs which constitute a traffic hazard; to add certain regulations on changing signs by incorporating certain of the limitations and conditions imposed by state law on these types of signs; to amend the requirements of building signature signs; to amend the permit requirements and procedures for signs and for other purposes.

07O0571( 2)            Z-07-14           An Ordinance by Zoning Committee to rezone from the R-LC-C (Residential Limited Commercial-Conditional) District to the R-LC (Residential Limited Commercial) District, property located at 2890 Piedmont Road, NE, fronting approximately 60 feet on the east side of Piedmont Road, beginning approximately 1,765 feet from the southeast corner of North Hills Drive.

Depth:              Approximately 256 Feet

Area:                            Approximately 0.279 Acre

Land Lot:                     60, 17^th District, Fulton County , Georgia

Owner:             Nicholas V. Ashdown

Applicant:                     Nicholas V. Ashdown

NPU-B                                                Council District 7

07O0599( 3)            Z-07-16           An Ordinance by Zoning Committee to rezone from the I-2  (Heavy Industrial) District to the MRC-3 (Mixed Residential Commercial) District, property located at 790 Huff Road, NW, fronting approximately 200 feet on the south side of Huff Road, at the southeast corner of Foster Street.

ZONING COMMITTEE AGENDA

WEDNESDAY, MARCH 28, 2007

PAGE TWO

CONSENT AGENDA

C.        ORDINANCES FOR FIRST READING

Depth:              Varies

Area:                            Approximately 3.48 Acres

Land Lot:                     150, 17^th District, Fulton County , Georgia

Owners:           Robert S. Hayward/Ellis L. Shamburger, Jr./C. Keith Palmer/

Applicant:                     John A. Bell

NPU-D                                                Council District 9

07O0626( 4)            Z-07-17           An Ordinance by Zoning Committee to rezone from the R-4 (Single-Family Residential) District to the PD-H (Planned Development-Housing) District, property located at 507 Macon Drive, SE, fronting approximately 306 feet on the south side of Macon Drive, beginning approximately 214 feet from the south side of Mobley Drive.

Depth:              Approximately 1,315 Feet

Area:                            Approximately 16.13 Acres

Land Lot:                     60, 14^th District, Fulton County , Georgia

Owner:             Barbara Goransson

Applicant:                     Brian J. London

NPU-Z                                                Council District 12

07O0627( 5)            Z-07-19           An Ordinance by Zoning Committee to rezone from the PD-H (Planned Development-Housing) District to the RG-3-C (Residential General Sector 3-Conditional) District, property located at 2862 Lenox Road, NE, fronting approximately 142 feet on the west side of Lenox Road, beginning approximately 669 feet from the southwest corner of Lenox Road and Burke Road.

Depth:              Varies

Area:                            Approximately 2.57 Acres

Land Lots:        47 and 7, 17^th District, Fulton County , Georgia

Owners:           Marilyn Mollenkam, Executris for the Estate of Shirley V. Mollenkamp

Applicant:                     Lenox Road Deelopment, LLC.

NPU-B                                                Council District 7

C.        ORDINANCES FOR FIRST READING

07O0628( 6)            Z-07-23           An Ordinance by Zoning Committee to rezone from the R-4A (Single-Family Residential) District to the RG-2-C (Residential General Sector 2-Conditional) District, property located at 1339 and 1297 Northwest Drive, NW, property is located approximately 120 feet along the east side of Northwest Drive and to the southeast of property addressed as 1315 Northwest Drive, NW.

Depth:              Varies

Area:                            Approximately 1.5 Acres

Land Lot:                     258, 17^th District, Fulton County , Georgia

Owner:             Columns Northest Drive , LLC.

Applicant:                     Columns Northwest Drive , LLC

NPU-G                                                Council District 9

07O0629( 7)            Z-07-25           An Ordinance by Zoning Committee to rezone from the R-5 (Two-Family Residential) District to the C-1(Community Business) District, property located at 1280 Ralph David Abernathy Boulevard, SW, fronting approximately 53 feet on the north side of Ralph David Abernathy Boulevard.

Depth:              Varies

Area:                            Approximately 0.189 Acre

Land Lot:                     139, 14^th District, Fulton County , Georgia

Owner:             William H. Gunn

Applicant:                     William H. Gunn

NPU-T                                                Council District 4

07O0630( 8)            Z-07-26           An Ordinance by Zoning Committee to rezone from the R-4 (Single-Family Residential) District to the MR-4 (Multi-Family Residential) District, property located at 668 North Avenue, NE, fronting approximately 76 feet on the north side of North Avenue, beginning approximately 110 feet from the northeast corner of Sunset Avenue.

Depth:              Approximately 140 Feet

Area:                            Approximately 0.23 Acre

Land Lot:                     111, 14^th District, Fulton County , Georgia

Owner:             Rashon Smit/RDI Investments

Applicant:                     Herbert V. Kennedy

NPU-L                                                Council District 3

07O0631( 9)            Z-07-29           An Ordinance by Zoning Committee to rezone from the C-1-C (Community Business-Conditional) District to the C-1-C (Community Business-Conditional) District, for the purpose of a Site Plan Amendment, property located at 2451 Donald Lee Hollowell Parkway (formerly known as Bankhead Highway), fronting 427.92 feet on the northwesterly side of Donald Lee Hollowell Parkway, beginning 137 feet northeasterly from the northeast corner of Hall Street.

Depth:              Varies

Area:                            Approximately 5.478 Acres

Land Lot:                     177, 14^th District, Fulton County , Georgia

Owner:             Salem Baptist Church, Inc.

Applicant:                     Freisem, Macon, Swann and Malone, LLP

NPU-J                                     Council District 9

07O0632(10)           Z-07-39           An Ordinance by Zoning Committee to rezone from the R-4A (Single-Family Residential) District to the R-4B (Single-Family Residential) District, property located at 518 English Avenue, NW, fronting approximately 40 feet on the west side of English Avenue, beginning approximately 173 feet from the northwest corner of Kennedy Street.

Depth:              127 Feet

Area:                            Approximately 0.12 Acre

Land Lot:                     111, 14^th District, Fulton County , Georgia

Owner:             Lakeisha J. Darling

Applicant:                     Lakeisha J. Darling

NPU-L                                                Council District 3

07O0633(11)           U-07-01          An Ordinance by Zoning Committee granting a Special Use Permit for an Assisted Living Facility (Section 16-08.005 (1)(f)) property located at 2045 Graham Circle, SE and 1017 Fayetteville Road, SE, fronting approximately 600 feet on the west side of Graham Circle, approximately 461 feet west of the intersection of Graham Circle and Fayetteville Road and approximately 200 feet along the west side of Fayetteville Road.

Depth:              Varies

Area:                            1.01 Acres

Land Lot:                     147, 15^th District, Dekalb County , Georgia

Owner:             Chris Homes Properties, Inc.

Applicant:                     Chris Kids, Inc.

NPU-W                                               Council District 5

07O0634(12)           U-07-03          An Ordinance by Zoning Committee granting a Special Use Permit for a Personal Care Home (Section 16-06A.005 (1)(g)) property located at 939 North Eugenia Place, NW, fronting approximately 50 feet on the east side of North Eugenia Place, approximately 461 feet west of the intersection Graham Circle and Fayetteville Road and approximately 220 feet north of the intersection of the Newman Street and North Eugenia Place.

Depth:              Approximately 200 Feet

Area:                            0.226 Acre

Land Lot:                     226, 17^th District, Fulton County , Georgia

Owner:             Paul and Willie Moss

Applicant:                     Paul and Willie Moss

NPU-J                                     Council District 9

07O0635(13)           U-07-04          An Ordinance by Zoning Committee granting a Special Use Permit for a Daycare Center (Section 16-07.005 (1)(b)) property located at 51 Polar Rock Road, SW (also addressed as 2119 Polar Rock Road, SW, fronting approximately 194 feet on the west side of Polar Rock Road.

Depth:              Varies

Area:                            Approximately 2.5 Acres

Land Lot:                     71, 14^th District, Fulton County , Georgia

Owner:             Rufus Whitlock

Applicant:                     Deke D. Cooper

NPU-Z                                                Council District 12

07O0636(14)           U-07-05          An Ordinance by Zoning Committee granting a Special Use Permit for a Broadcasting Tower (Section 16-16.005 (1)(h)) property located at 2155 Monroe Place, NE, fronting approximately 148.86 feet on the west side of Monroe Place.

Depth:              Approximately 824 Feet

Area:                            5.123 Acres

Land Lot:                     57, 17^th District, Fulton County , Georgia

Owners:           Pacific and Southern Company, Inc./ Detroit Newspaper Partnership, L.P./Gannett Satellite Information Network, Inc.

Applicant:         WXIA-TV/WATL-TV, Division of Pacific and Southern Company, Inc./Bob Walker, President/General Manager/Sharon Pierce, Vice President/Business Manager

NPU-F                                                Council District 6

07O0637(15)           U-07-06/U-00-34        An Ordinance by Zoning Committee granting a Special Use Permit for a Private School (Section 16-07.005 (1)(l)) and (Section 16-08.005 (1) (k)) property located at 321-361 Tenth Street, NE, fronting approximately 564.51 feet on the south side of Tenth Street, beginning 200 feet from the southeastern corner of Argonne and Tenth Street.

Depth:              276.22 Feet

Area:                            Approximately 2.78 Acres

Land Lot:                     54, 17^th District, Fulton County , Georgia

Owner:             The Children’s School, Inc.

Applicant:                     The Children’s School

By:                               Michael W. Tyler, Esq.

NPU-E                                                Council District 6

07O0638(16)           U-71-56          An Ordinance by Zoning Committee to amend Ordinance U-71-56, as adopted by the Board of Alderman on October 7, 1974 and approved by the Mayor on October 10, 1974, for the purposes of approving a transfer of Ownership for a Special Use Permit for a Day Care Center for property located at 2365 County Line Road, SW; and for other purposes.

REGULAR AGENDA

D.        ZRB SUMMARY REPORT (SEE ATTACHED LIST)