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ATLANTA CITY COUNCIL

AGENDA

March 19, 2007

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

Order of Business for the Atlanta City Council

Monday, March 19, 2007

The Honorable Lisa M. Borders, Presiding

1:00 P.M.

 1.        Call to Order

 2.        Roll Call

 3.        Invocation

 4.        Pledge of Allegiance

                                    Page

 5.        Proclamations, Commendations and other Special Awards                      2

 

 6.        Remarks by the Public

 7.        Report of the Journal

 8.        Communications                      

 9.        Adoption of Agenda

10.       Consideration of Vetoed Legislation                 

11.       Unfinished Business                  2

12.       Consent Agenda                      

13.       Report of Standing Committees Committee Chairs                     Pages

            Transportation Committee*       Clair Muller      28

            Zoning Committee        Ivory L. Young, Jr.       30

            Finance/Executive Committee   Howard Shook 55

            Committee on Council**          Felicia A. Moore          60

            City Utilities Committee            Carla Smith      64

            Community Development/Human

            Resources Committee   Jim Maddox     66

            Public Safety and Legal

            Administration Committee         Cleta Winslow  78

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 9, 12, 16 & 25)


5.         PROCLAMATIONS, COMMENDATIONS AND OTHER SPECIAL AWARDS

Council President Lisa M. Borders – proclamation being presented to:

Fiesta Atlanta , a Cinco de Mayo celebration

8.         COMMUNICATIONS

07C0519 1) A Communication to Council President Lisa M. Borders by Clerk Mark Massey to the Fulton County Board of Commissioners submitting the Fulton County Board of Commissioners’ appointments of Ms. Carrie M. Salvary (Position 1); Ms. Janis L. Ware (Position 2); and Ms. Felicia Murray (Position 3) to serve as the County’s representative on the BeltLine Affordable Housing Advisory Board.  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

07C0520( 2)            A Communication by Municipal Clerk Rhonda Dauphin Johnson submitting a report of administrative corrections made to previously adopted legislation between the Council's regular meeting dates of March 05, 2007 and March 19, 2007 to the Atlanta City Council in accordance with Section 2-275 of the Atlanta City Code of Ordinances. (06O1067 06-O-2206)

RECOMMENDATION TO FILE

11.       UNFINISHED BUSINESS

07O0251( 1)            An Ordinance by Councilmember Carla Smith as amended by Community Development/Human Resources Committee authorizing the Mayor or her designee to place a 90-day moratorium on the implementation of the 1996 Comprehensive Development Plan (CDP) which incorporated the Atlanta On-Street Bike Plan until such time as an updated plan is presented to the Mayor and City Council; and for other purposes.

At the regularly scheduled meeting of March 05, 2007, Councilmember Smith made a motion to continue to table Ordinance 07O0251  It was properly seconded and the motion carried by a roll call vote of 13 yeas; 0 nays.

REMAIN 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 READING

TRANSPORTATION COMMITTEE - CLAIR MULLER, CHAIR

07-O-0494 ( 1)            An Ordinance by Councilmember Howard Shook to implement left turn and right turn restrictions from Stovall Blvd. westbound and eastbound onto Wieuca Ter., NE from 7 a.m. to 9 a.m. and to implement right and left turn restrictions from Wieuca Ter. northbound onto Stovall Blvd., NE from 4 p.m. to 6 p.m.; and for other purposes.

FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR

07O0310( 2)            An Ordinance by Finance/Executive Committee authorizing the Mayor, on behalf of the City of Atlanta, to quitclaim to the Atlanta Independent School System, the Moreland Avenue Elementary School Property located at 1083 Austin Avenue, Atlanta, Georgia; and for other purposes.

07O0311( 3)            A Substitute Ordinance by Finance/Executive Committee to amend Article “V”, Classification Plan, Section 114-477, of the Code of Ordinances, City of Atlanta, Georgia, so as to create classifications positions; grant above entry hiring authorization; and for other purposes.

07O0312( 4)            An Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer to amend the 2007 (Park Improvement Fund) Budget, on behalf of the Department of Parks, Recreation and Cultural Affairs, in the amount of $1,270,726.00 by transferring funds from 1C22 (Park Improvement Fund) 791001 (Reserve for Appropriations) T11001 (Reservation of Fund Appropriations) to various Fund, Account and Center Numbers listed herein; to recover balance forward appropriations in the Park Improvement Fund; and for other purposes.

CONSENT AGENDA SECTION I (CONT’D)

ORDINANCES FOR SECOND READING   (CONT’D)

FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR

07O0313( 5)            A Substitute Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer to amend the 2007 (Civic Center Fund) Budget, on behalf of the Department of Parks, Recreation and Cultural Affairs, in the amount of $47,318.00 by transferring funds from 2R21 (Civic Center Renewal and Extension Fund) 791001 (Reserve for Appropriations) T11001 (Reserve of Fund Appropriations) to 2R21 (Civic Center Renewal and Extension Fund) 762001 (Interfund Operation Transfer) N42101 (Civic Center); to recover balance forward appropriations in the Civic Center Fund; and for other purposes.

07O0314( 6)            A Substitute Ordinance by Finance/Executive Committee to amend the 2007 (Water and Wastewater Revenue Fund) Budget, Department of Watershed Management, by transferring appropriations in the amount of $1,500,000.00 from Fund, Account and Center Number 2J01 (Water and Wastewater Revenue Fund) 791001 (Reserve for Appropriations) T11001 (Reserve of Fund Appropriations) to 2J01 (Water and Wastewater Revenue Fund) 724001 (Consultant/Professional Services) Q71201 (Technical Support), to provide funding for the Department of Watershed Management Customer Information Systems; and for other purposes.

07O0315( 7)            A Substitute Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer to amend the 2007 (Parks Facility Revenue Fund) Budget, on behalf of the Department of Parks, Recreation and Cultural Affairs, in the amount of $1,200.00 by transferring funds from 2K21 (Parks Facilities Renewal and Extension Fund) 791001 (Reserves for Appropriations) N42301 (Cyclorama) to 2K21 (Parks Facilities Renewal and Extension Fund) 762001 (Interfund Operation Transfer) N42301 (Cyclorama); to recover balance forward appropriations in the Parks Facility Revenue Fund; and for other purposes.

07O0316( 8)            A Substitute Ordinance by Finance/Executive Committee authorizing the Mayor, on behalf of the Department of Fire and Rescue, to grant a Temporary Construction Entry Easement Agreement, to the Atlanta Independent School System, for the purpose of restructuring the Drainage Basin and Plumbing on and near Fire Station #14, located at 1203 Lee Street and at Finch Elementary School, located at 1114 Avon Street Atlanta, Georgia; to waive section 2-1574 of the Official Code of Ordinances of the City of Atlanta, Georgia; and for other purposes.

07O0406( 9)            An Ordinance by Finance/Executive Committee authorizing the Mayor, on behalf of the City of Atlanta (“City”), to enter into an Agreement with the Trust for Public Land (“TPL”), to perform Real Estate Research and Due Diligence Services, and to set up an account in an amount not to exceed $250,000.00 for the purpose of reimbursing “TPL” for such Real Estate Research and Due Diligence Services performed, on behalf of the Department of Parks, Recreation and Cultural Affairs (“Department”), for properties located along the proposed BeltLine; all costs shall be paid from and charged to Fund, Account and Center Number 1C53 (2005A Park Improvement Bond Fund) 571001 (Land) N12D11B69999 (Ground and Site Improvement City Wide); and for other purposes.

07O0488(10)           An Ordinance by Councilmember Carla Smith as substituted by Finance/Executive Committee authorizing the Chief Financial Officer, on behalf of the Department of Planning and Community Development, to pay outstanding invoices to Kissberg Construction Company, Inc. for Demolition Services provided at various properties, in an amount of $56,600.00; all contracted work shall be charged to and paid from Fund, Account and Center Number: 1B01 (Community Development Fund) 529002 (Service Grants) Y46PO931A26A (Housing Demolition/Reclamation, CD-610); and for other purposes.

07O0490(11)           An Ordinance by Councilmember Howard Shook as substituted by Finance/Executive Committee to amend Article “V”, Classification Plan, Section 114-477, of the Code of Ordinances, City of Atlanta, Georgia so as to create the classification of Payroll Director, Re-classify a position, and grant Above Entry Hiring Authorization; and for other purposes.

06O2700(12)           An Ordinance by Councilmember Howard Shook as amended by Finance/Executive Committee to amend the Code of Ordinances, City of Atlanta, Georgia, creating a new Chapter 114, Personnel; and for other purposes.

CITY UTILITIES COMMITTEE - CARLA SMITH, CHAIR

07O0278(13)           An Ordinance by City Utilities Committee to correct the Center Number identified in Ordinance 05O0487adopted by the City Council on April 18, 2005 and approved by the Mayor on April 26, 2005, on behalf of the Department of Public Works; and for other purposes.

07-O-0482 (14)           An Ordinance by Councilmember Felicia A. Moore authorizing the Mayor or her designee to waive the sidewalk requirements of Section 15-09.003 of the City of Atlanta Code of Ordinances, to provide that a certain Subdivision SD-06-46 (1444 Northwest Drive, NW) applicant deposit a dollar amount ($1,650.00) equal to the value of the required sidewalk construction into a designated Trust Fund Account for District 9; and for other purposes.

COMMUNITY DEVELOPMENT/

HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR

07O0021(15)           An Ordinance by Community Development/Human Resources Committee to amend the 2004-2019 Comprehensive Development Plan to incorporate the City of Atlanta’s 2007 Annual Action Plan for the 2007 Community Development Block Grant Program (CDBG), the 2007 Emergency Shelter Grant Program (ESG), the 2007 HOME Investment Partnership Program (HOME), the 2007 American Dream Down Payment Initiative (ADDI) and the 2007 Housing Opportunities for People with AIDS Program (HOPWA); and for other purposes. (Public Hearing held 3/12/07)

07O0283(16)           An Ordinance by Community Development/Human Resources Committee to amend Chapter 2, Article XI, Division I, Subsections 2-1654(a) and 2-1654(b) of the Code of Ordinances of the City of Atlanta, Georgia, so as to change the name from “Private Industry Council (PIC)” to “Atlanta Workforce Development Agency (AWDA)”; and for other purposes.

07O0284(17)           An Ordinance by Community Development/Human Resources Committee to amend Chapter 2, Article XI, Division I, Subsection 2-1655(a) of the Code of Ordinances of the City of Atlanta, Georgia, so as to change the name from “Private Industry Council (PIC)” to “Atlanta Workforce Development Agency (AWDA)”; and for other purposes.

07O0354(18)           An Ordinance by Community Development/Human Resources Committee to amend Chapter 2, Article XI, Division I, Section 2-1651 of the Code of Ordinances of the City of Atlanta, Georgia, entitled “Definitions”, so as to change the name from “Job Training Partnership Act (JTPA)” to “Workforce Investment Act (WIA)”; and for other purposes.

07O0285(19)           An Ordinance by Community Development/Human Resources Committee amending the 2007 (Intergovernmental Grant Fund) Budget, Department of Planning and Community Development (“Department”), by adding to anticipations and appropriations, in the amount of $1,000,000.00, for the purpose of funding the Atlanta Comprehensive Transportation Plan; and for other purposes.

07O0306(20)           An Ordinance by Community Development/Human Resources Committee amending the 2007 (Trust Fund) Budget and the 2007 (Community Development Fund) Budget by transferring appropriations in the amount of $5,290.00 to fund the Multi-Family Rehabilitation Project; and for other purposes.

07O0496(21)           An Ordinance by Councilmember Clair Muller authorizing the Bureau of Planning to recognize as nonconforming lots  located at 2160 and 2164 Monterey Drive, NW, that have been created as the result of previously issued building permits and that presently have houses located on them.

PUBLIC SAFETY AND LEGAL

ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

07O0356(22)           An Ordinance by Public Safety and Legal Administration Committee amending the 2007 (Intergovernmental Grant Fund) Budget, Department of Police (“Department”), by adding to anticipations and appropriations, the amount of $67,635.00, for Grant Funds from the Georgia Emergency Management Agency, in order to purchase imaging equipment for Homeland Security Preparedness; and for other purposes.

07O0357(23)           An Ordinance by Public Safety and Legal Administration Committee amending the 2007 (Intergovernmental Grant Fund) Budget, Department of Police (“Department”), by adding to anticipations and appropriations, the amount of $48,000.00, for Grant Funds from the United States Marshals Service, for the purpose of reimbursing the City of Atlanta for overtime paid to Investigators assigned to the United States Marshals Southeast Regional Fugitive Task Force, for the period beginning October 1, 2006 to September 30, 2007; and for other purposes.

07O0358(24)           An Ordinance by Public Safety and Legal Administration Committee amending the 2007 (Intergovernmental Grant Fund) Budget, City of Atlanta Municipal Court, Community Court Division, by adding to anticipations and appropriations, the amount of $52,500.00, for Grant Funds from the Governor’s Office of Highway Safety, for the purpose of expanding the “Teens Learning Control Program” (“TLC”); and for other purposes.

07O0489(25)           An Ordinance by Councilmember Ivory L. Young, Jr. as amended by Public Safety and Legal Administration Committee to repeal Subsection (6) of Section 106-81 of the Code of Ordinances of the City of Atlanta, Georgia (entitled “Disorderly Conduct”); to waive conflicting ordinances; and for other purposes.

RESOLUTIONS

TRANSPORTATION COMMITTEE - CLAIR MULLER, CHAIR

07R0472( 1)            A Resolution by Transportation Committee authorizing the Mayor or designee to issue a Notice-To-Proceed with CH2M Hill/WRJ, Joint Venture, for FC-7619-03C, Annual Contract for Management Consulting Services to provide an organizational assessment/review and recommendations for the Office of Transportation on behalf of the Department of Public Works in an amount not to exceed $201,881.00; all contracted work shall be charged to and paid from Fund, Account and Center Number: 1A01 (General Funds) 524001 (Consulting/Professional Svcs.) M61001 (Office of Transportation/Administration); and for other purposes.

07R0517( 2)            A Resolution by Transportation Committee authorizing the

***      Mayor to enter into an Agreement with Kissberg Construction, Inc., for FC-3006007985, Concessions Office Remodel 06, on behalf of the Department of Aviation, in an amount not to exceed $450,000.00; all contracted work shall be charged to and paid from Fund, Account and Center Number: 2H21 (Airport Renewal & Extension Fund) 573001 (Facilities Buildings) R21001 (Hartsfield Capital Programs); and for other purposes.

FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR

07R0468( 3)            An Amended Resolution by Finance/Executive Committee to authorize the Department of Watershed Management to re-employ Torrell Randall, Computer Process Control Engineer, a Retiree of the City of Atlanta, Department of Watershed Management, under provisions of Section 3-505(c) of the Charter of the City of Atlanta, for a period not to exceed 520 calendar days; all contracted work will be charged to and paid from Fund, Account and Center Number 2J01 (Water & Wastewater Revenue Fund) 511001 (Regular Salaries) Q37201 (Technical Services); and for other purposes.


 

07R0469( 4)            An Amended Resolution by Finance/Executive Committee to authorize the Department of Watershed Management to re-employ Dwight Clemons, Watershed Plant Operator, Class II, a Retiree of the City of Atlanta, Department of Watershed Management, under provisions of Section 3-505(c) of the Charter of the City of Atlanta, for a period not to exceed 520 calendar days; all contracted work will be charged to and paid from Fund, Account and Center Number 2J01 (Water & Wastewater Revenue Fund) 511001 (Regular Salaries) Q35001 (Treatment Plant-South River); and for other purposes.

07R0470( 5)            A Substitute Resolution by Finance/Executive Committee authorizing the Mayor, on behalf of the Department of Corrections, to amend the Contract Agreement for FC-6006007878, Inmate Food Services, with Trinity Services Group, Inc., for the purpose of increasing the contract amount for food service preparation, in an amount not to exceed $800,000.00; all contracted work shall be charged to and paid from Fund, Account and Center Number 3P02 (Trust Fund) 524001 (Consultant/Professional Services) I11Y04049996 (Jail Fund Administration and Construction); and for other purposes.

07R0471( 6)            A Resolution by Finance/Executive Committee authorizing the Mayor or her designee to enter into a Cooperative Purchasing Agreement pursuant to Chapter 2, Article X, Division 15, Section 2-1601 et, seq., of the City of Atlanta Code of Ordinances, utilizing Federal Contract # GS-04P-06-EWC-0048 with the United States General Services Administration to authorize Mainstation, Inc. D/B/A Carlyle’s Corporate Food Service to provide Cafeteria Services at Atlanta City Hall, on behalf of the City of Atlanta Office of General Services; all rental payments to be deposited to Fund, Account and Center Number: 1A01 (General Fund) 462311 (Food, Drink and Notions) B00001 (Revenue Center); and for other purposes.


 

07R0481( 7)            A Resolution by Finance/Executive Committee authorizing the Mayor to enter into an Agreement with Campbell Roofing for FC-3006007975, North Cargo Building Roof Replacement and Repairs, on behalf of the Department of Aviation, in an amount not to exceed $2,578,856.00; all contracted work will be charged to and paid from Fund, Account and Center Number 2H21 (Airport Renewal & Extension) 573001 (Facility Buildings) R21001 (Hartsfield Capital Program); and for other purposes.

07R0486( 8)            A Resolution by Councilmember Kwanza Hall as substituted by Finance/Executive Committee authorizing the Mayor to enter into a Lease Agreement with Americasmart Real Estate, LLC, Inc. for the rental of 7,760 square feet of office space located at 200 Spring Street, Atlanta, Georgia, for the Department of Police Zone Five Precinct, from the period of March 15, 2007 until January 31, 2017, at a rental rate of $1.00 per year to be charged to and paid from Fund, Account and Center Number 1A01 (General Fund) 525001 (Rental/Leases Non Capital) X42005 (Zone 5); and for other purposes.

07R0381( 9)            A Substitute Resolution by Finance/Executive Committee authorizing the City Attorney to execute a Retainer Agreement with the Law Firm of Murray Barnes Finister, LLP, to serve as Bond Counsel to the City of Atlanta in connection with the issuance of Westside Tax Allocation Revenue Bonds, Series 2007; to authorize the Chief Financial Officer to pay fees and costs for legal services rendered in an amount not to exceed $60,000.00 plus expenses pursuant to said Retainer Agreement; and for other purposes. 


 

07R0518(10)           A Resolution by Finance/Executive Committee approving

***      the Administrative Reallocation of amounts erroneously deposited into the Special Fund established for the City of Atlanta Tax Allocation District Number Five – Eastside (The “Eastside TAD”) to the Special Funds established for the City of Atlanta Westside Tax Allocation Bond District Number 1, As Amended – Atlanta/Westside (The “Westside TAD”), the City of Atlanta Tax Allocation District Number 2 – Atlantic Steel (The “Atlantic Station TAD”) and the City of Atlanta Tax Allocation District Number 6 – BeltLine (The “BeltLine TAD”) for the purpose of properly funding each such enumerated Special Fund in the amount required under the Redevelopment Powers Law; approving certain administrative actions to be taken by the Department of Finance and the Atlanta Development Authority in connection therewith; and for other purposes.

CITY UTILITIES COMMITTEE - CARLA SMITH, CHAIR

06R2299(11)           A Substitute Resolution by City Utilities Committee as amended authorizing the Mayor to enter into an agreement with the United States Army Corps of Engineers for a project to analyze and map flood prone areas associated with storm water runoff within the Combined Sewer Basins, on behalf of the Department of Watershed Management, in an amount not to exceed $287,500.00;  all contracted work will be charged to and paid from Fund, Account and Center Number:  2J21 (Water and Wastewater Renewal and Extension Fund) 524001 (Consultant/Professional Services) Q38I029294DA (CSO Cost Sharing); and for other purposes. 

07R0458(12)           A Resolution by City Utilities Committee authorizing the Mayor to enter into an agreement with Insituform Technologies, Inc., for FC-3006007983, Sewer Group One Rehabilitation Phase II Cured-In-Place-Pipe-Contract D, on behalf of the Department of Watershed Management, in an amount not to exceed $2,299,955.70;  all contracted work will be charged to and paid from Fund, Account and Center Number:  2J21( Water & Wastewater Renewal & Extension Fund) 574001 (Facilities other than Buildings) Q38I027394DA (Sewer Group I Rehabilitation); and for other purposes.

07R0459(13)           An Amended Resolution by City Utilities Committee authorizing the Mayor to issue a Notice to Proceed to Shaw Environmental, Inc./AIM Partner, PLC, Joint Venture, for FC-7619-03F, Annual Contract for Architectural and Engineering Services, to provide Supplemental Design Services for the Jesse Hill Drive Bridge Replacement Project, on behalf of the Department of Public Works, in an amount not to exceed $8,377.00; all work will be charged to and paid from Fund, Account and Center Number:  1C50 (2004 Quality of Life Bond Fund) 574001 (Facilities other than Buildings) M65F075792BH (Butler Street Bridge ROW Acq.); and for other purposes.

07R0460(14)           An Amended Resolution by City Utilities Committee authorizing the Mayor to issue a Notice to Proceed to Shaw Environmental, Inc./AIM Partner, PLC, Joint Venture, for FC-7619-03F, Annual Contract for Architectural and Engineering Services, to provide Supplemental Design Services for the Piedmont Road Bridge Replacement Project, on behalf of the Department of Public Works, in an amount not to exceed $4,153.00; all work will be charged to and paid from Fund, Account and Center Number:  1C50 (2004 Quality of Life Bond Fund) 574001 (Facilities other than Buildings) M65F075392BH (Piedmont Road Bridge ROW Acq.); and for other purposes.

07R0461(15)           A Resolution by City Utilities Committee authorizing the Mayor to execute an agreement with Site Engineering, Inc., for FC-3006007982, Sewer Group One Rehabilitation Phase II Pipe Bursting Contract D, on behalf of the Department of Watershed Management, in an amount not to exceed $3,391,333.00; all contracted work will be charged to and paid from Fund, Account and Center Number:  2J28 (Water & Wastewater Bond Fund) 574001 (Facilities other than Buildings) Q38I02739999 (Sewer Group I Rehabilitation); and for other purposes.


 

07R0462(16)           A Resolution by City Utilities Committee authorizing the Mayor to issue a Notice to Proceed with Jacobs/PRAD/PBS & J, Joint Venture, for FC-7619-03D, Annual Contract for Architectural and Engineering Services, for Construction Management Services for Riverside Outfall Capacity Relief, on behalf of the Department of Watershed Management, in an amount not to exceed $615,214.00; all contracted work will be charged to and paid from Fund, Account and Center Number: 2J28 (2004 Water & Wastewater Bond Fund) 524001 (Consultant/Professional Services) Q38I02999999 (Riverside Outfall Capacity Relief); and for other purposes.

07R0483(17)           A Resolution by Councilmember Carla Smith correcting Resolution 06R2423which encumbered Phase Three Funding for the McDaniel Combined Sewer Basin Project, on behalf of the Department of Watershed Management, for the purpose of including a Water Project Center that was inadvertently omitted; and for other purposes.

COMMUNITY DEVELOPMENT/

HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR

07-R-0447 (18)           A Resolution by Community Development/Human Resources Committee authorizing the Mayor, on behalf of the Department of Parks, Recreation and Cultural Affairs, to designate Freedom Park as an Atlanta Public Art Park to serve as a venue for the installation of temporary and permanent public art and sitting works of sculpture, for the purpose of introducing the arts to the citizens of the City of Atlanta; and for other purposes.

07R0448(19)           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 $400,000.00.  All contracted work shall be charged to and paid from Fund, Account and Center Number: 1A01 (General Fund) 524001 (Consultant/Prof. Services) Y22001 (Assist. Director); and for other purposes.

PUBLIC SAFETY AND LEGAL

ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

07R0446(20)           A Resolution by Public Safety and Legal Administration Committee authorizing the settlement of all claims against the City of Atlanta by Select Portfolio Servicing, Inc., as Servicing Agent for TCIF RE02, LLC in the case of Select Portfolio Servicing, Inc., as Servicing Agent for TCIF REO2, LLC V. City of Atlanta, Georgia, Superior Court of Fulton County, Civil Action File No. 2006-CV-124241, for the sum of $4,250.00; authorizing said payment to be paid from plaintiff to the City of Atlanta and to be deposited in 2J01 (Water and Sewer Fund) 529017 (Property Liquidation) Q30001 (Deputy Director Wastewater Treatment and Collections); authorizing the Chief Financial Officer to accept this amount as full settlement of the disputed bill amount; and for other purposes.

07R0473(21)           A Resolution by Public Safety and Legal Administration Committee authorizing the City Attorney to enter into a settlement with a condemnee in the matter of the City of Atlanta v. Claire Ann Hull Law, et al., Civil Action File No. 2003-CV-68954, in the Superior Court of Fulton County, Georgia, in an amount not to exceed $12,125.00 to be paid from Fund, Account and Center Number:  2J27 572001 Q38I02429999; and for other purposes.

07R0474(22)           A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to enter into a new Lease Agreement with the Georgia Tech Foundation Real Estate Holding Foundation, for the Rental of 2,665 square feet of office space, located at 398 Centennial Olympic Park Drive, Atlanta, Georgia, for the Department of Police, Zone Five Precinct, from April 1, 2007, until March 31, 2010, in an amount not to exceed $1.00 annually.  All costs shall be charged to and paid from Fund, Account and Center Number:  1A01 (General Fund) 525001 (Rental/Lease) X42005 (Zone 5); and for other purposes.

07R0477(23)           A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor, on behalf of the Office of Weed and Seed, to apply for a grant in the amount of $175,000.00, from the Department of Justice Community Capacity Development Office, for the English Avenue Weed and Seed Strategy; to provide for grant matching funds; and for other purposes.

07R0480(24)           A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor, on behalf of the Office of Weed and Seed, to apply for funding in the amount of $200,000.00, from the Department of Justice Community Capacity Development Office, for the continuation of the Weed and Seed strategy in the Vine City Community; to provide for grant matching funds; and for other purposes.

07R0515(25)           A Resolution by Public Safety and Legal Administration

***      Committee authorizing the settlement of all claims against the City of Atlanta by Southern States Police Benevolent Association, et al., in the case of Southern States Police Benevolent Association, et al. v. City of Atlanta, Georgia, et al., Superior Court of Fulton County, Civil Action File No. 2003-CV-79284, for the sum of $80,000.00; authorizing said payment to be charged to and paid from Fund 1A01 (General Fund), Account 529017 (Property Liquidation) and Center Number T31001 (Non-Departmental); authorizing the Chief Financial Officer to distribute the settlement amount; and for other purposes.

Claims with favorable recommendations:

07R0415( 1)            Claim of GEICO, as subrogee of Timothy Eden, for damages alleged to have been sustained as a result of an automobile accident on November 13, 2006 at Washington Street, SW and Memorial Drive, SW.   $2,159.35

07R0416( 2)            Claim of Jan C. Ruffin, for vehicular damages alleged to have been sustained when a vehicle was driven over a sanitary sewer construction site that was left open and in an unsafe manner from December 2005 through January 2006 at 1437 Lucille Avenue, SW.       $800.00

07R0417( 3)            Claim of Willie James, for damages alleged to have been sustained when a Solid Waste vehicle drove, struck and destroyed a mailbox on November 20, 2006 at 3086 Rebecca Drive, SW.    $1,633.53

07R0418( 4)            Claim of Timothy Forseth, for damages alleged to have been sustained as a result of a vehicular accident on November 27, 2006 at the intersection of Lenox Road and Piedmont Road.            $788.49

07R0419( 5)            Claim of Donovan Boyd, through his attorney, Jack O. Morse, Esq., for bodily injuries alleged to have been sustained due to an automobile accident on June 19, 2006 at Maxwell Drive, SW and Campbellton Road, SW.            $6,500.00

07R0420( 6)            Claim of Welborn E. Orr, through his attorney, Jack O. Morse, Esq., for damages alleged to have been sustained as a result of an automobile accident on October 23, 2006 at 484 Fletcher Street.          $9,144.04

07R0421( 7)            Claim of Lamont Ferrebee, for damages alleged to have been sustained as a result of a vehicular accident on October 10, 2006 at 805 Selig Drive.         $856.00

07R0422( 8)            Claim of Franklin Fife, Jr., through his attorney, Jack O. Morse, Esq., for bodily injuries alleged to have been sustained due to an automobile accident on June 19, 2006 at Maxwell Drive, SW and Campbellton Road, SW.            $6,100.00

07R0423(9) Claim of Rosa Taylor, for damages alleged to have been sustained as a result of a vehicular accident on November 22, 2006 at 185 Little Street, SE.    $1,331.64

07R0424(10)           Claim of John Herman, for vehicle damages alleged to have been sustained as a result of a vehicle incident on August 29, 2006 at 1100 Swathmore Drive.            $1,825.00

07R0425(11)           Claim of Jennifer Walls, for property damages allegedly sustained from a sewer backup on September 8, 2006 at 1479 North Morningside Drive.  $2,306.00

07R0426(12)           Claim of Kisha Linton, for damages alleged to have been sustained as a result of a vehicular accident on November 21, 2006 at the intersection of Memorial Drive and Dahlgreen Street.      $1,408.99

07R0427(13)           Claim of Tori Blackwell, for damages alleged to have been sustained as a result of a vehicular accident on September 13, 2006 at 675 Ponce de Leon Avenue.          $855.20

Claims with unfavorable recommendations:

06R0633(14)           Claim of Gregory V. Burson, Jr., for damages alleged to have been sustained as a result of striking an open construction cut on January 18, 2006 at 832 Pryor Street, SW. 

07R0428(15)           Claim of Lara Rossignol, for damages alleged to have been sustained as a result of the falling of a swing on June 6, 2006 at Grant Park, 800 Cherokee Avenue.

07R0429(16)           Claim of Laura Thigpen, for damages alleged to have been sustained as a result of a vehicle accident on September 20, 2006 at 707 Hansell Street.

07R0430(17)           Claim of Terrence O. Brown, for damages alleged to have been sustained as a result of a vehicular accident on December 30, 2005 at 763 Juniper Street, NE.

07R0431(18)           Claim of Sally Berry, through her attorney, Matthew Carlton, for damages alleged to have been sustained as a result of a trip and fall on March 29, 2006 at Juniper Street near 14th Street.

07R0432(19)           Claim of Matthew Harris, through Allstate Insurance Company, for damages alleged to have been sustained as a result of driving into a construction cut on December 29, 2005 at West Wesley Avenue.

 

07R0433(20)           Claim of Devika Marie Howard, for damages alleged to have been sustained as a result of driving into a construction cut on November 9, 2006 at 254 2nd Street.

07R0434(21)           Claim of Mary F. McDuffie, for damages alleged to have been sustained as a result of striking porcelain buttons in the roadway on April 23, 2006 on Camp Creek Parkway.

07R0435(22)           Claim of Tia Freeman, through her attorney, C. Ron Smith, for damages alleged to have been sustained as a result of a slip and fall incident on July 15, 2006 at Hartsfield-Jackson Atlanta International Airport.

07R0436(23)           Claim of Alyssa Larsen, for damages alleged to have been sustained as a result of striking an open construction cut on December 25, 2006 on West Peachtree Street, NW.

07R0437(24)           Claim of Foremost Insurance Group, as subrogee of insured, Michael M. Watkins, Sr., for property damages alleged to have been sustained from a sewer backup on December 14, 2005 at 1239 Graymont Drive, SW.

07R0438(25)           Claim of Adrian Nelson, through his insurance carrier, State Farm Insurance Companies, for damages alleged to have been sustained as a result of a rock thrown by a weed eater on August 26, 2006 at 1150 North Avenue.

07R0439(26)           Claim of Theater Concessions, LLC, through their attorney, Sard & Leff, LLC, for damages alleged to have been sustained as a result of the denial of applications for beer, wine and liquor consumption licenses on August 15, 2006 at 55 Trinity Street.

07R0440(27)           Claim of Chad E. Clark, for damages alleged to have been sustained when an automobile was driven through a road-striping project on September 5, 2004 on Brownsmill Road.

 

07R0441(28)           Claim of Missy Wallen-Nichols, for damages alleged to have been sustained as a result of driving over a recessed manhole cover in May 2006 at 3550 Old Ivy Lane.

07R0442(29)           Claim of Mitchell H. Parks, for vehicular damages alleged to have been sustained due to an automobile accident on January 9, 2006 at 34 Peachtree Street.

07R0443(30)           Claim of Dianna Woods, through her attorney, Russell Parker, for damages alleged to have been sustained as a result of personal injuries on October 20, 2006 at the Hartsfield-Jackson Atlanta International Airport.

07R0444(31)           Claim of Tony A. Goforth, for damages alleged to have been sustained as a result of a vehicular accident on October 12, 2006 at 1961 Maywood Place, NW.

07R0445(32)           Claim of Dionne Lee, for damages alleged to have been sustained as a result of striking an open construction cut on October 2, 2006 on West Peachtree Street, NW.


CONSENT AGENDA SECTION II

ORDINANCES FOR FIRST READING

FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR

07O0463( 1)            An Ordinance by Finance/Executive Committee to amend the 2007 (General Fund) Budget, Office of the Mayor, by transferring appropriations in the amount of $1,282,655.23 in grant funds and $645.20 in interest, to return unspent grant funds to the Georgia Emergency Management Agency; and for other purposes.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE

07O0464( 2)            An Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer to create a new Fund, Account and Center Number to receive and disburse funds donated to the Mayor’s Youth Program, in order to provide educational and employment opportunities for high school students of the Atlanta Public School System; and to transfer between funds 1B07 and 3P02 in the sum of $250,000.00; and for other purposes.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE

07O0465( 3)            An Ordinance by Finance/Executive Committee authorizing the Mayor, on behalf of the City of Atlanta (“City”), to acquire approximately 4.0 acres of property located on Waterford Road Atlanta, Georgia, Parcel Identification Numbers 14-0240-0001-012, 14-0240-0001-013, 14-0240-0001-014, 14-0240-0001-015, 14-0240-0001-016, and 14-0240-0001-017 (“The Waterford Road Property”), from the Atlanta Fulton County Land Bank Authority (“LBA”), in exchange for the City reimbursing “LBA” to perform Quiet Title for each parcel and for the City to develop the park, in an amount not to exceed $80,000.00; for the purpose of creating a new passive park in City Council District 9; all costs shall be paid from 1C28 (General Government Capital Outlay Fund Budget) 574001 (Facilities other than Buildings) Y63F060392BG (City Wide Greenspace Program) and amending the 2007 (General Government Capital Outlay Fund) Budget, Department of Planning and Community Development by transferring between accounts the sum of $80,000.00; and for other purposes.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE


 

07O0466( 4)            An Ordinance by Finance/Executive Committee authorizing the City of Atlanta to waive the Competitive Procurement Provisions contained in Article X, Procurement and Real Estate Code, of the City of Atlanta Code of Ordinances, authorizing the Mayor to execute amendment Agreement No. 1 with Systems & Software, Inc., for FC-6004007863, Customer Information/Billing System (“CSI”), on behalf of the Department of Watershed Management with no additional funding required; and for other purposes.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE

07O0467( 5)            An Ordinance by Finance/Executive Committee authorizing the City of Atlanta to waive the Competitive Procurement Provisions contained in Article X, Procurement and Real Estate Code, of the City of Atlanta Code of Ordinances to execute Renewal Agreement No. 3 with Jordan, Jones & Goulding, Inc./Delon Hampton & Associates, Chartered Engineers/Hatch Mott-MacDonald, Inc.-JV, for FC-7488-02, Engineering Design Services for Combined Sewer Overflow (“CSO”) Storage Tunnel Facilities (West), on behalf of the Department of Watershed Management; and for other purposes.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE

CITY UTILITIES COMMITTEE - CARLA SMITH, CHAIR

07O0451( 6)            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.

TO BE REFERRED TO CITY UTILITIES COMMITTEE

07O0452( 7)            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.

TO BE REFERRED TO CITY UTILITIES COMMITTEE

07O0453( 8)            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.

TO BE REFERRED TO CITY UTILITIES COMMITTEE

07-O-0454 ( 9)  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.  (To be advertised for a Public Hearing 3/27/07)

TO BE REFERRED TO CITY UTILITIES COMMITTEE

07-O-0455 (10) 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. (To be advertised for a Public Hearing 3/27/07)

TO BE REFERRED TO CITY UTILITIES COMMITTEE

07O0456(11)           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.

TO BE REFERRED TO CITY UTILITIES COMMITTEE

07O0457(12)           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 completion of the Simpson Road Streetscape, Greenbriar Parkway Streetscape, Headland Drive Streetscape, Barge Road Intersection Improvement, Lakewood Heights Streetscape, Perry Road Streetscape, Phase 2, Bolton Road Streetscape, Marietta Boulevard Streetscape, Cheshire Bridge Streetscape 2, North Highland Streetscape, Phase 2 and East Atlanta Village; 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.

TO BE REFERRED TO CITY UTILITIES COMMITTEE

COMMUNITY DEVELOPMENT/

HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR

07O0449(13)           An Ordinance by Community Development/Human Resources Committee amending the 2007 (Community Development Fund) Budget by transferring to and from appropriations in the amount of $124,000.00 for the purpose of providing additional funds to CD-788, J. D. Sims Recreation Center Improvements Project; and for other purposes.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

07O0450(14)           An Ordinance by Community Development/Human Resources Committee amending the Habitat for Humanity Project by changing the Scope of Work from Acquisition and Housing Development to Downpayment Assistance; amending the 2007 (Home Investment Partnership Fund) Budget by transferring to and from appropriations in the amount of $393,307.00 for the purpose of funding HM-40, Habitat for Humanity Downpayment Assistance; and for other purposes.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

07O0516(15)           An Ordinance by Community Development/Human

***      Resources Committee authorizing the Mayor or her designee, on behalf of the City of Atlanta, to accept the donation from the Trust for Public Land of approximately 0.84 acre located on Lucile Avenue, SW, Parcel Identification Number 14-0140-0005-073 (“the Lucile Property”) including City’s costs of Due Diligence and Purchase Services; and for other purposes.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

PUBLIC SAFETY AND LEGAL

ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

07O0475(16)           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, the amount of $15,572.76, for reimbursement from the United States Drug Enforcement Administration (“DEA”), for overtime worked by the Department’s Investigators, assigned to the DEA’s Drug Enforcement Task Force; and for other purposes.

TO BE REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

07O0476(17)           An Ordinance by Public Safety and Legal Administration Committee to amend the 2006-2007 (Intergovernmental Grant Fund) Budget, City of Atlanta Municipal Court, Community Court Division, by adding to anticipations and appropriations, the amount of $133,660.00, for grant funds from the Georgia Department of Human Resources, Division of Mental Health, Developmental Disabilities and Addictive Diseases (Metro Regional Office) (Contract #427-93-733-100), for the purpose of continuing Clinical Assessment Services for criminal defendants participating in Community Court; and for other purposes.

TO BE REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

07O0478(18)           An Ordinance by Public Safety and Legal Administration Committee amending the 2006 (Intergovernmental Grant Fund) Budget, by transferring remaining funds in the amount of $15,793.19 from a U.S. Department of Justice Grant, from the Atlanta Municipal Court and Department of Parks, Recreation and Cultural Affairs, to the Atlanta Workforce Development Agency; and for other purposes.

TO BE REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

07O0479(19)           An Ordinance by Public Safety and Legal Administration Committee amending the 2006 (Intergovernmental Grant Fund) Budget, by transferring remaining funds in the amount of $4,299.05 from a U. S. Department of Justice Grant, from the Atlanta Municipal Court, to the Office of the Mayor; and for other purposes.

TO BE REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE


TRANSPORTATION COMMITTEE                         CLAIR MULLER, CHAIR

PAPERS HELD IN COMMITTEE

06O0186( 1)            An Ordinance by Councilmember Natalyn M. Archibong as amended by Transportation Committee authorizing the Mayor or her designee to make Harold Avenue, NE a Three-Way Stop where it intersects with Muriel Avenue, NE; and for other purposes.  (Amended and held 1/11/06 at request of the Department of Public Works pending additional study and discussion with author.)

06O0189( 2)            An Ordinance by Councilmember Natalyn M. Archibong as amended by Transportation Committee authorizing the Mayor or her designee to make the intersection of Indiana Avenue, NE and Connecticut Avenue, NE an All-Way Stop; and for other purposes.  (Amended and held 1/11/06 at request of the Department of Public Works pending additional study and discussion with author.)

06O0489( 3)            An Ordinance by Councilmember Joyce M. Sheperd authorizing the Mayor or her designee to study vehicular and pedestrian traffic on Metropolitan Parkway to determine the placement of additional traffic calming signage warning of the School Zone for Capitol View Elementary School; and for other purposes.  (Held 2/15/06 at request of the Department of Public Works pending additional study.)

06O0490( 4)            An Ordinance by Councilmember Joyce M. Sheperd authorizing the Mayor or her designee to install traffic calming measures to reduce speeding on Springdale Road, SW from Perkerson Drive, SW to Cleveland Avenue, SW; and for other purposes.  (Held 2/15/06 at request of the Department of Public Works pending additional study.)

06O0491( 5)            An Ordinance by Councilmember Joyce M. Sheperd authorizing the Mayor or her designee to install traffic calming measures to reduce speeding on Oak Drive, SE from Empire Boulevard, SE to Brownsmill Road, SE; and for other purposes.  (Held 2/15/06 at request of the Department of Public Works pending additional study.)

06O0492( 6)            An Ordinance by Councilmember Joyce M. Sheperd authorizing the Mayor or her designee to install traffic calming measures to reduce speeding on Bromack Road, SE from Macon Drive, SE to Brownsmill Road, SE; and for other purposes.  (Held 2/15/06 at request of the Department of Public Works pending additional study.)

06R1572( 7)            A Resolution by Councilmember Kwanza Hall requesting that the Mayor or her designee remove those Parking meters on Auburn Avenue from Courtland Street to Jackson Street; and for other purposes.  (Held 7/12/06 for additional discussion and consideration by Committee and presentation on the City Parking Meter Program by Public Works.)

06O2246( 8)            An Ordinance by Councilmember Kwanza Hall authorizing the Mayor or her designee to install Traffic Calming Measures to reduce speed on North Avenue, from Freedom Parkway to Moreland Avenue; and for other purposes.  (Held 10/11/06 at the request of Councilmember Hall so that the Department of Public Works can meet with the neighborhood.)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MEMBERS PRESENT:  MULLER, MARTIN, NORWOOD & WILLIS


ZONING COMMITTEE                                             IVORY L. YOUNG, JR., CHAIR

ORDINANCES FOR SECOND READING

07O0391( 1)            CDP-07-04     An Ordinance by Community Development/Human Resources Committee to amend the Land Use Element of the City of Atlanta 2004-2019 Comprehensive Development Plan (CDP) so as to re-designate property that is located at 2374 & 2380 Hosea Williams Drive, SE, from the "Low Density Commercial" and “Single Family Residential” Land Use Designations to the "Low Density Commercial" Land Use Designation; and for other purposes. (1ST Quarter CDP Public Hearing held 3/12/07) (Favorable by CD/HR Committee)

NPU-O                                                            Council District 5

FAVORABLE

06O2689( 2)            Z-06-127         An Ordinance by Zoning Committee to rezone from the C-1 (Community Business) and R-4 (Single-Family Residential) Districts to the MRC-1 (Mixed Residential Commercial) District, property located at 2370 and 2380 Hosea Williams Drive, (formerly known as Boulevard Drive and also addressed as 2374) SE, fronting approximately 150.27 feet on the north side of Hosea Williams Drive and located at the intersection of Hosea Williams Drive and Second Avenue. 

Depth:  Approximately 200 Feet

Area:                Approximately 0.688 Acre

Land Lot:         204, 15th District, Dekalb County, Georgia

Owner: 2nd Avenue Associates, LLC.

Applicant:         Eric Kronberg

NPU-O                                                Council District 5

FAVORABLE

07O0393( 3)            CDP-07-06     An Ordinance by Community Development/Human Resources Committee to amend the Land Use Element of the City of Atlanta 2004-2019 Comprehensive Development Plan (CDP) so as to re-designate property that is located at 559 Pryor Street, SW, from the "Medium Density Residential" Land Use Designation to the "Low Density Commercial" Land Use Designation; and for other purposes. (1ST Quarter CDP Public Hearing held 3/12/07) (Favorable by CD/HR Committee)

NPU-V                                                            Council District 4

            FAVORABLE

06O2485( 4)            Z-06-142         An Ordinance by Councilmember Ceasar C. Mitchell to amend the 1982 City of Atlanta’s Zoning Ordinance as amended to rezone the property located at 559 Pryor Street from the Mechanicsville Neighborhood SPI-18, Subarea #4 District to the SPI-18, Subarea #1 District; and for other purposes.

FAVORABLE

07O0394( 5)            CDP-07-07     An Ordinance by Community Development/Human Resources Committee to amend the Land Use Element of the City of Atlanta 2004-2019 Comprehensive Development Plan (CDP) so as to re-designate property that is located at 608 Ralph McGill and the Fortune Street Right-of-Way, from the "Low Density Commercial" and “Mixed-Use” Land Use Designations to the "Mixed-Use" Land Use Designation; and for other purposes. (1ST Quarter CDP Public Hearing held 3/12/07) (Favorable by CD/HR Committee)

NPU-M                                                           Council District 2

FAVORABLE

07O0144( 6)            Z-06-133         An Ordinance by Zoning Committee to rezone from the C-1-C (Community Business-Conditional) and I-1 (Light Industrial) District to the MR-5A-C (Multi-Family Residential-Conditional) District, property located at 608 Ralph McGill Boulevard, NE and a parcel formerly designated as the former Fortune Street public Right-of-Way (Parcel Number-14-0018-0007-020-21) fronting approximately 370 feet on the north side of Ralph McGill Boulevard at the eastern corner of the intersection of Ralph McGill Boulevard and Glen Iris Drive.

Depth:  Varies

Area:                Approximately 2.44 Acres

Land Lot:         18, 14th District, Fulton County, Georgia

Owner: H. Inman Allen

Applicant:         Caleb Racicot/SEC Development c/o Southeast Capital Partners

NPU-M                                                           Council District 2

FAVORABLE

07O0143( 7)            Z-06-132         An Ordinance by Zoning Committee to rezone from the I-1 (Light Industrial) District to the MRC-3-C (Mixed Residential-Commercial-Conditional) District, property located at 640, 660, 680 and 700 Ralph McGill Boulevard, NE and 645 Angier Avenue, NE, fronting approximately 874.5 feet on the north side of Ralph McGill Boulevard beginning approximately 370 feet from the eastern corner of Glen Iris Drive.

Depth:  Varies

Area:                Approximately 7.86 Acres

Land Lot:         18, 14th District, Fulton County, Georgia

Owner: H. Inman Allen

Applicant:         Caleb Racicot/SEC Development c/o Southeast Capital Partners

NPU-M                                                           Council District 2

FAVORABLE

06O2303( 8)            Z-06-118         An Amended Ordinance by Zoning Committee to rezone from the RL-C (Residential Limited-Commercial) District to the C-1-C (Community Business-Conditional) District, property located at 3144 and 3150 East Shadowlawn Avenue, NE and that 3183 (a.k.a. addressed as 3181-3185) Peachtree Road, NE, be changed from the C-3 (Commercial Residential) District to the C-3-C (Commercial Residential-Conditional) fronting approximately 57 feet on the south side of East Shadowlawn Avenue, beginning approximately 307 feet from the southeast corner of Peachtree Road.

Depth:  Approximately 125 Feet

Area:                Approximately 0.163 Acre

Land Lot:         61, 17th District, Fulton County, Georgia

Owner: Atloon Properties, LLC

Applicant:         3183 Peachtree Road Partners, LP c/o Smith, Grambrell and Russell

NPU-B                                                            Council District 7

FAVORABLE


 ORDINANCES FOR FIRST READING

07O0512( 1)            Z-07-27           An Ordinance by Zoning Committee designating the Great Atlantic & Pacific Tea Company Building, located at 881 Memorial Drive, SE, Land Lot 12, 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 I-1 (Light Industrial) to I-1/LBS (Light Industrial/Landmark Building or Site); to repeal conflicting Laws; and for other purposes.

TO BE REFERRED TO ZRB AND ZONING COMMITTEE

07O0513( 2)            Z-07-28           An Ordinance by Zoning Committee designating the Troy-Peerless Laundry Building, located at 650 Glen Iris Drive, NE, Land Lot 48, 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 RG-4-C (Residential General Sector 4 Conditional) to RG-4-C/LBS (Residential General Sector 4 Conditional/Landmark Building or Site); to repeal conflicting Laws; and for other purposes.

TO BE REFERRED TO ZRB AND ZONING COMMITTEE

07O0514( 3)            Z-07-38           An Ordinance by Zoning Committee to amend the 1982 Zoning Ordinance of the City of Atlanta by replacing Chapter 18A. SPI-1 Central Core District Regulations with a Chapter entitled 18A. SPI-1 Downtown Special Public Interest District Regulations; and to eliminate Chapter 18B. SPI-2 North Avenue District Regulations and Chapter 18M. SPI-13 Centennial Olympic Park Special Public Interest District Regulations; and to amend the Official Zoning Map by supplanting existing Zoning Districts SPI-1, SPI-2, SPI-13, C-4 and C-5, with said SPI-1 Downtown District Map, and to eliminate the SPI-1 and SPI-2 Parking Limitation District Maps; to amend the Pedestrian Space Plan Map Part 2 of 2; and to amend Chapter 28A.0010 by Supplanting Subsection (12) Special Public Interest District 1 and eliminate Subsection (13) Special Public Interest District 2 and Subsection (34) SPI-13; and for other purposes.

TO BE REFERRED TO ZRB AND ZONING COMMITTEE

PAPERS HELD IN COMMITTEE

06O0038( 1)            Z-05-56           An Ordinance by Councilmember Carla Smith to amend Various Sections of the Zoning Code of the City of Atlanta, for the purpose of clarifying and/or defining certain terms related to Supportive Housing; to provide how applications for such uses are to be processed; defining the term Community Center and removing certain redundant terms related to such use; redefining the conditions under which dormitories, Sorority Houses and Fraternity Houses are permitted; deleting rooming houses and boarding houses as permitted uses in certain districts; and for other purposes.  (Held 2/1/06 for further review)

06O0273( 2)            An Ordinance by Councilmembers Carla Smith, Ivory Lee Young, Jr. and Cleta Winslow correcting Ordinance Number 04O0179Z-04-24 which amended Section 16-29.001(16) “Human Services” including Personal Care Homes, Rehabilitation Centers and Nursing Homes by clarifying and/or redefining certain terms; and for other purposes.  (Held 2/1/06 for further review)

06O0286( 3)            Z-06-05           An Ordinance by Zoning Committee to rezone from the RG-4-C-HBS (Residential General-Sector 4 Conditional-Historic Building/Site) and RG-4-C (Residential General-Sector 4-Conditional) Districts, to the RG-4-C (Residential General-Sector 4-Conditional) District, property located at 2494 and 2510 Peachtree Road (a.k.a. 2500 Peachtree Road), NE, fronting approximately 387.76 feet on the west side of Peachtree Road, beginning 400 feet from the

southwest corner of Muscogee Avenue and Peachtree Road. (Held 3/29/06 for further review)

Depth:  Varies

Area:                Approximately 3.086 Acres

Land Lot:         112, 17th District, Fulton County, Georgia

Owner: 2500 Peachtree Condominium Association, Inc.

Applicant:         2500 Peachtree Condominium Association, Inc.

NPU-C                                                Council District 8

06O0007( 4)            Z-05-65           An Ordinance by Councilmember Carla Smith as amended by Zoning Committee to rezone the portion of the property located at 1821 W. Anderson Avenue that is zoned R-4 (Single Family Residential) to the O-I (Office Institutional) Classification, to issue a Special Use Permit for the subject property; and for other purposes.  (Held 6/28/06 at the request of Councilmember of the District)

06O0022( 5)            U-05-22          An Ordinance by Councilmember Carla Smith to issue a Special Use Permit for a Nursing Home at 1821 W. Anderson Avenue (a.k.a. 31 Anderson Avenue); to waive the 2,000 foot distance requirement for this location; and for other purposes.  (Held 6/28/06 at the request of Councilmember of the District)

06O0145( 6)            Z-05-134         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 2228 Bicknell Street, SE, fronting approximately 257.5 feet on the southeast side of Bicknell Street, beginning 109 feet from the southeast corner of Bagwell Drive. (Held 8/16/06 at the request of the Councilmember of District 12)

Depth:  Varies

Area:                Approximately 3.5 Acres

Land Lot:         70, 14th District, Fulton County, Georgia

Owner: Portfolio Properties Construction Co., LLC.

Applicant:         Portfolio Properties Construction Co., LLC.

NPU-Z                                                Council District 12

06O1950( 7)            Z-06-92           An Amended Ordinance by Zoning Committee to rezone from the R-5 (Single-Family Residential) District to the RG-4 (Residential General-Sector 4) District, property located at 575 Boulevard, SE, (578 Rosalia Street, SE), fronting approximately 100 feet on the west side of Boulevard. (Held 11/1/06 pending CDP Public Hearing)

Depth:  Varies

Area:                Approximately 0.339 Acre

Land Lot:         44, 14th District, Fulton County, Georgia

Owner: Atlanta Decatur Oxford District United Methodist Church, Bobby A. Jones, Trustee Chair

Applicant:         Jeffrey L. Wilson

NPU-W                                                           Council District 1

06O0955( 8)            Z-06-44           A Substitute Ordinance by Zoning Committee to rezone from the I-1-C (Light Industrial-Conditional) District to the MR5-A (Multi-Family Residential) District, property located at 1155 Hill Street, SE, fronting approximately 350 feet on the west side of Hill Street and approximately 272 feet on the north side of Englewood Avenue. (Held 11/1/06 at the request of District Council Person)

Depth:  Varies

Area:                Approximately 8.719 Acres

Land Lot:         55, 14th District, Fulton County, Georgia

Owner: Jack and Harvey Taffel

Applicant:         Chaz E. Waters/Skyline Partners, LLC.

NPU-Y                                                Council District 1

06O2283( 9)            An Ordinance by Councilmembers Joyce M. Sheperd and Cleta Winslow authorizing the Mayor or her designee to place interim development controls on construction on all vacant parcels in the Murphy Triangle (lying within the boundaries of Murphy Avenue, Warner Street, Allene Avenue and Sylvan Road) for a period not to exceed nine (9) months; and for other purpose. (Held 11/1/06 at the request of the author of the legislation)

06O1927(10)           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.  (Forwarded with no recommendation by Zoning Committee 9/13/06) (Referred back by Council 12/04/06) (Held 12/13/06 for further review)

MEMBERS PRESENT:  YOUNG, SHOOK, FAUVER, MARTIN, SMITH & ARCHIBONG

PENDING LEGISLATION FOR ZRB

06O0006( 1)            Z-04-51           An Ordinance by Councilmember Carla Smith to rezone from the I-1 (Light Industrial) District to the PD-MU (Planned Development-Mixed Use) District, property located at 166 16th Street, NW, fronting 136.90 feet on the south side of 16th Street beginning at the southeast corner of Fowler Street.

Depth:  361 Feet

Area:                1.307 Acres

Land Lot:         108, 17th District, Fulton County, Georgia

Owner: Madison Midtown, LLC

Applicant:         J. Charles Hendon

By:                   Carl E. Westmoreland, Jr., Attorney

NPU-E                                                            Council District 2

06O0017( 2)            Z-05-104         An Ordinance by Councilmember Carla Smith to amend the 1982 City of Atlanta Zoning Ordinance, as amended, to define and regulate Infill Residential Development; and for other purposes.

06O0026( 3)            Z-05-125         An Ordinance by Councilmember Carla Smith to amend the Zoning Ordinance of the City of Atlanta, and the maps established in connection therewith so that the following property located at 1361, 1362, 1365, 1366, 1371, 1374, 1375, 1381, 1382, 1385, 1386, 1391, 1394, 1395, 1398, 1404, 1407 and 1410 Metropolitan Parkway, SE be changed from the R-4 (Single Family Residential) District to MRC-1 (Mixed Residential Commercial) District; and for other purposes.

06O0569( 4)            Z-06-22           An Ordinance by Zoning Committee to rezone property from the I-1-C (Light Industrial-Conditional) District to the I-1 (Light Industrial) District, property located at 705 Constitution Road, SE, fronting approximately 175 feet on the south side of Constitution Road beginning at the northeasterly intersection of Jonesboro Road and Constitution Road.

Depth:  Varies

Area:  &nb