Note: To view the full details of the legislation, click on the ID number underlined on the left at the start of the caption. You will need Adobe Acrobat Reader to view the details. If you do not have the reader, download it here.
ATLANTA CITY COUNCIL
AGENDA
May 21, 2007
Note: A complete listing of items 5 and 8 may not appear in this version.
Order of Business
for the
Monday,
May 21, 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 2
9. Adoption of Agenda
10. Consideration of Vetoed Legislation
11. Unfinished Business
12. Consent Agenda
13.
Report of Standing Committees
Committee Chairs
Pages
Committee on Council** Felicia A. Moore 31
City Utilities Committee* Carla Smith 35
Community Development/Human
Resources Committee Jim Maddox 39
Public Safety and Legal
Administration Committee Cleta Winslow 48
Transportation Committee Clair Muller 52
Zoning Committee Ivory L. Young, Jr. 55
Finance/Executive Committee Howard Shook 76
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
13, 14, 30 & 78)
5. PROCLAMATIONS, COMMENDATIONS AND OTHER SPECIAL AWARDS
Councilmember Anne Fauver – proclamation being presented to:
In Honor of Grady High School’s Mock Trial Debate Team
8. COMMUNICATIONS
07C1004( 1) A Communication by Chief Procurement Officer Adam L. Smith submitting the April 2007 Monthly Contracts Report to the Atlanta City Council and Clerk of Council pursuant to Section 2-1142 of the Atlanta City Code of Ordinances.
RECOMMENDATION TO FILE
07-C- 1005 ( 2) A Communication by Councilmember H. Lamar Willis re-appointing Mrs. Vernell Moseley to serve as a member of the Atlanta Commission on Women. This re-appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.
TO BE REFERRED TO COMMITTEE ON COUNCIL
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
CITY UTILITIES COMMITTEE - CARLA SMITH, CHAIR
07O0708( 1) An Ordinance by City Utilities Committee amending the FY 2007 (2004 Water and Wastewater Bond Fund) Budget in the amount of $4,000,000.00 to transfer funds from the Reserve for Appropriations for construction services for the South River Upgrade-Headworks Project; and for other purposes.
07O0709( 2) An Amended Ordinance by City Utilities Committee authorizing the Chief Financial Officer to amend the 2007 (Water and Wastewater) Budget, on behalf of the Department of Watershed Management, in the amount of $6,411,111.78 by transferring funds from 2J27 (2001 Water & Wastewater Bond Fund) 791001 (Reserve for Appropriations) T11001 (Reserve of Fund Appropriations) to 2J27 (2001 Water and Wastewater Bond Fund) 729023 (Arbitrage Rebate) T31001 (Unallocated Fund Wide Expenses), to pay an installment of Rebatable Arbitrage for the Water Wastewater Revenue Bonds 2001C (ARC) and Series 2001C (Variable Rate Demand) to the Internal Revenue Service; and for other purposes.
07O0710( 3) An Amended Ordinance by City Utilities Committee authorizing the Chief Financial Officer to amend the Fiscal Year (2007 Water and Wastewater Bond Fund) Budget on behalf of the Department of Watershed Management, in the amount of $11,200,000.00 to transfer funds from the Reserve for appropriations for Water and Wastewater Improvements for the McDaniel Glenn Revitalization Project; and for other purposes.
07O0732( 4) An Amended Ordinance by City Utilities Committee authorizing the Mayor or her designee to execute all appropriate documents for the acquisition of certain permanent easements, temporary construction easements, rights-of-way or other necessary property interests associated with Sewer Group One Rehabilitation Projects, Sewer Group Two Rehabilitation Projects, Sewer Group Three Rehabilitation Projects, Sewer Group Four Rehabilitation Projects, Sewer Group Five Rehabilitation Projects and Sewer Group Six Rehabilitation Projects; to negotiate with property owners to acquire necessary permanent easements, temporary construction easements, rights-of-way or other necessary property interests, including condemnation proceedings; authorizing the waiver of applicable portions of Article X of the City’s Real Estate and Procurement Code; authorizing the City Attorney to proceed with the Declaration of Taking Method authorized by O.C.G.A. §§22-3-140 and 32-3-4 to acquire title to rights-of-way, easements and other related property interests necessary to complete the Sanitary Sewer Rehabilitation Projects, on behalf of the Department of Watershed Management; all contracted work will be charged to and paid from the appropriate Account and Center Numbers associated with Funds 2J21, 2J27 and 2J28 and future Water and Sewer Bond Funds; and for other purposes.
07O0733( 5) An Ordinance by City Utilities Committee authorizing the Mayor or designee to enter into appropriate Railroad Crossing Agreements with CSX Transportation, Inc. and Norfolk Southern Railway Company associated with Sewer Group One Rehabilitation Projects, Sewer Group Three Rehabilitation Projects, Sewer Group Four Rehabilitation Projects, Sewer Group Five Rehabilitation Projects, and Sewer Group Six Rehabilitation Projects, on behalf of the Department of Watershed Management; all costs associated with said agreements will charged to and paid from the appropriate Account and Center Numbers of Funds 2J21 and 2J28 and future Water and Sewer Bond Funds; and for other purposes.
07O0734( 6) An Amended Ordinance by City Utilities Committee authorizing automobile expense reimbursement for the following position Numbers: 45850, 45891, 45423, 45849, 10020, 21052, 21053, 21056, 21057, 45857, 45859, 45894, 45895, 45851, 45858, 45896, 45897, 45898, 45904, 19270, 45900, 45901, 45902, 45892 and 45893 on behalf of the Department of Public Works, to be charged to and paid from Fund, Account and Center Number: 1C50 (2004 Quality of Life Fund) 527005 (Auto Allowance) M65001 (Project Development & Implementation); and for other purposes.
07O0755( 7) An Ordinance by City Utilities Committee authorizing the Chief Financial Officer to amend the FY 2007 (Water and Wastewater Renewal and Extension Fund) Budget in the amount of $8,345,501.86 for the purpose of providing additional funding for Contract FC-7093-99, Program Management Services for the Atlanta Wastewater System Improvements Program, for Renewal Agreement No. 2, for the period of May 27, 2007 to May 26, 2008; and for other purposes.
07O0995( 8) An Ordinance by Councilmembers Carla Smith and Ivory Lee Young, Jr. as substituted by City Utilities Committee authorizing the abandonment of obsolete sewer easements on certain property located in Land Lots 149 and 150 of the 17th District of Fulton County, Georgia; authorizing the acceptance of new sewer easements for the new sewer improvements constructed by Tivoli 643 Holdings, LLC, or any successor, and as dedicated by Tivoli 643 Holdings, LLC; authorizing the Mayor to execute any necessary documents and instruments for these purposes; authorizing the Mayor to execute an encroachment agreement with indemnification provisions to allow certain structures to be located on and within the new easements; and for other purposes.
COMMUNITY DEVELOPMENT/
HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR
07O0352( 9) A Substitute Ordinance by Community Development/Human Resources Committee anticipating and appropriating $8,122,035.00 in the 2007 Community Development Block Grant Program (CDBG), $416,509.00 in the 2007 Emergency Shelter Grant (ESG) Program, $3,251,350.00 in the 2007 HOME Investment Partnership Program (HOME), $6,801,000.00 in the 2007 Housing Opportunities for Persons with AIDS (HOPWA) Grant Program and $75,318.00 in the 2007 American Dream Downpayment Assistance Initiative (ADDI) Program; and for other purposes.
07O0353(10) A Substitute Ordinance by Community Development/Human Resources Committee amending the 2007 (Community Development Fund) Budget by transferring to and from appropriations in the amount of $2,366,084.00, amending the 2007 (HOME Investment Fund) Budget by transferring to and from appropriations in the amount of $351,901.00 and amending the 2007 (Intergovernmental Grant Fund) Budget by transferring to and from appropriations in the amount of $204,030.00; to setup administrative accounts in the 2007 Community Development Block Grant (CDBG), 2007 Emergency Shelter Grant (ESG), 2007 HOME Investment Partnership (HOME), and 2007 Housing Opportunities for Persons with AIDS (HOPWA) Grant Programs; and for other purposes.
07O0450(11) A Substitute 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 $389,651.81 for the purpose of funding HM-40, Habitat for Humanity Downpayment Assistance; transferring appropriations in the amount of $3,655.19 to correct the allocation for HM-37, CHDO Capital Projects Set-Aside; and for other purposes.
07O0609(12) An Ordinance by Councilmember Felicia A. Moore authorizing the issuance of a Cemetery Disturbance Permit for the property located at 1730 Hollywood Road; and for other purposes. (Public Hearing held 5/15/07)
07O0689(13) An Ordinance by Community Development/Human Resources Committee authorizing the Mayor to execute a Quitclaim Deed conveying the City’s interest in property located at 648 Echo Street, Atlanta, Fulton County, Georgia (“Property”), in the amount not to exceed $1.00, to the City of Atlanta-Fulton County Land Bank Authority, for the public purpose of returning property to an effective utilization status, in order to provide housing and jobs for the citizens of the City and County; and for other purposes.
07O0690(14) A Substitute Ordinance by Community Development/Human Resources Committee to correct the Center Numbers in Ordinance Number 06O2066adopted by the Atlanta City Council on October 16, 2006 and approved by the Mayor on October 24, 2006; and for other purposes.
07O0987 (15) An Ordinance by Councilmember Jim Maddox as substituted by Community Development/Human Resources Committee to amend the Contract Renewal Agreement for the Chastain Park Amphitheater to set permanent limits on sound levels that may be produced by performers, to establish permanent penalties for sound violations, to make permanent the utilization of the speaker and amplification system recommended by an Amphitheater Sound Consultant in 2001; to authorize and direct that a portion of unused ticket-surcharge money collected for sound and noise control issues be utilized for amphitheater improvements, and a portion be transferred to an account whose funds are utilized for repair and improvement of Chastain Park; and for other purposes.
PUBLIC SAFETY AND LEGAL
ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR
07O0694(16) An Ordinance by Public Safety and Legal Administration Committee to correct Sections 1, 2, and 3 in Ordinance Number 06O2588adopted by the Atlanta City Council on December 4, 2006, and approved by the Mayor on December 13, 2006; and for other purposes.
07-O-0697 (17) An Ordinance by Public Safety and Legal Administration Committee amending the 2007 (Intergovernmental Grant Fund) Budget, Department of Fire and Rescue, by adding to anticipations and appropriations, the amount of $527,700.00, for grant funds from the Georgia Emergency Management Agency, for the purpose of purchasing Mobile Data Computers and Automatic Vehicle Locators; and for other purposes.
07O0765(18) An Ordinance by Public Safety and Legal Administration Committee to repeal the provisions pertaining to the licensure and regulation of Massage Technicians as codified in Chapter 30, Article XVI, Division 1, Section 30-951(b) entitled “Required”; Section 30-952 entitled “Qualifications of Massage Technician”; Section 30-953(d) entitled “Qualifications of Massage Establishment”; Sections 30-954(11) and 30-954(12) entitled “Application”; Section 30-955 entitled “Reciprocity”; Section 30-956(b) entitled “Fees”; and Section 30-959(a) entitled “Revocations”, of the Code of Ordinances of the City of Atlanta, Georgia; and for other purposes.
07O0971(19) An Ordinance by Councilmember Joyce M. Sheperd as substituted by Public Safety and Legal Administration Committee, to amend Chapter 122, Article V, Division 2, Section 122-173 (2) (Entitled, “Grounds for Denial, Suspension, or Revocation”) of the Code of Ordinances of the City of Atlanta, so as to revise the City of Atlanta Code on Secondary Metal Recyclers; to waive conflicting ordinances; and for other purposes.
07O0990(20) An Ordinance by Councilmember Anne Fauver to waive the provisions of Chapter 10, Article II, Section 10-209 (c) and (d) of the Code of Ordinances of the City of Atlanta, Georgia so as to modify the hours of operation on Monday, June 25, 2007 only, for all licensed establishments authorized to sell alcoholic beverages for on premises consumption; and for other purposes.
07O0993(21) An Ordinance by Councilmember Carla Smith to anticipate and appropriate grant funds in the amount of $14,450.00 from the U. S. Environmental Protection Agency (EPA) for a Sustainable Design Charrette in support of the Sustainable Development Design Standards and in conjunction with the Atlanta Fire and Rescue Department’s planned construction of new fire stations; and for other purposes.
TRANSPORTATION COMMITTEE - CLAIR MULLER, CHAIR
07O0702(22) An Amended Ordinance by Transportation Committee authorizing the Mayor to designate the east side of Peachtree Street Northeast, between North Avenue and Linden Avenue, as a No Parking Zone 8:00 a.m. to 4:00 p.m. except Sundays; and for other purposes.
FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR
07O0711(23) A Substitute Ordinance by Finance/Executive Committee authorizing the Mayor and the Chief Financial Officer to oversee and supervise the closing of old grants, trusts and projects balances and to make the necessary entries to close out any negative balances that have been determined, tested and classified as old (no activities since 2003), so that said negative balances are not brought forward in the Oracle Financial System; and for other purposes.
07O0712(24) An Ordinance by Finance/Executive Committee to amend Chapter 2, Article VI, Division 2, Subdivision I, Section 2-322, and Subdivision III, Sections 2-370, 2-371, 2-372, 2-373, 2-374, and 2-375 of the Code of Ordinances of the City of Atlanta; to add Sections 2-376, 2-377, and 2-378, so as to effectuate a reorganization of the City of Atlanta Department of Finance; to repeal conflicting ordinances; and for other purposes.
07O0713(25) A Substitute Ordinance by Finance/Executive Committee to amend the Classification Plan of the Code of Ordinances, City of Atlanta, Georgia by creating certain classifications for the 911 Emergency Call Center; and for other purposes.
07O0714(26) An Ordinance by Finance/Executive Committee amending the 2007 (Capital Finance Fund) Budget, Department of Finance, by adding to Anticipations and Appropriations in the amount of $8,004,823.74 to cover costs related to the Enterprise Resource Planning Project; and for other purposes.
07O0716(27) An Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer to amend the Fiscal Year 2007 Budget, on behalf of the Department of Aviation, by transferring Appropriations in the amount of $45,234,285.09 from 2H26 (Airport Passenger Facility Charge Fund) 791001 (Reserve for Appropriation) T11001 (Reservation of Fund Appropriations) to 2H26 (Airport Passenger Facility Charge Fund) 781001 (Sinking Fund Requirements) T65015 (Airport PFC Bond Series 2004 A-E June 2004) and 2H26 (Airport Passenger Facility Charge Fund) 781001 (Sinking Fund Requirements) T65016 (Airport PFC Bond Series 2004F-K NOV 2004); and $18,527,373.23 from 2H34 (CONRAC Customer Service FAC Charge Fund) 791001 (Reserve for Appropriation) T11001 (Reservation of Fund Appropriations) to 2H34 (CONRAC Customer Service FAC Charge Fund) 781001 (Sinking Fund Requirements) T65001 (Debt Service Administration); and $27,234,730.21 from 2H32 (2004 Airport Revenue Bond Fund: F,G,I) 791001 (Reserve for Appropriation) T11001 (Reservation of Fund Appropriations) to 2H32 (2004 Airport Revenue Bond Fund:F,G,I) 786006 (Capitalized Interest) T65019 (Airport 2004 CAP I Issued: Series 2000 Bonds); and $3,248,413.00 from 2H32 (2004 Airport Revenue Bond Fund: F,G,I) 786006 (Capitalized Interest) T65012 (Airport Bond Series 2004) to 2H32 (2004 Airport Revenue Bond Fund: F,G,I) 791001 (Reserve for Appropriation) T11001 (Reservation of Fund Appropriations) for Debt Services Payments; and for other purposes.
07O0718(28) An Ordinance by Finance/Executive Committee authorizing the City of Atlanta to waive the Competitive Procurement Provision in Article X, Procurement and Real Estate Code, of the City of Atlanta Code of Ordinances, for a period of sixty days to obtain continued services from Ginarc Construction, Inc., for FC-3005007899, East Wesley Road Streetscape Project, on behalf of the Department of Public Works, with no additional funding required; and for other purposes.
07O0758(29) A Substitute Ordinance as amended by Finance/Executive Committee authorizing the Mayor to enter into an Intergovernmental Agreement by and between the Atlanta Housing Authority and the City of Atlanta, on behalf of the Department of Public Works, for the purpose of providing funding for Public Infrastructure Improvement Projects; transferring Appropriations in the amount of $1,117,363.70 to fund a portion of said public improvements; and for other purposes.
07O0766(30) A Substitute Ordinance by Finance/Executive Committee authorizing the Mayor to enter into an Intergovernmental Agreement by and between the Housing Authority of the City of Atlanta, Georgia (“Authority”) and the City of Atlanta pertaining to the Performance of Certain Public Improvements by the Authority for the benefit of the City of Atlanta; and for other purposes.
07O0972(31) An Ordinance by Councilmember Felicia A. Moore as substituted by Finance/Executive Committee to correct Ordinance Number 07O0248adopted by the Atlanta City Council on February 19, 2007, and approved pursuant to Section 2-403 of the Charter of the City of Atlanta on February 28, 2007; and for other purposes.
07-O-0973 (32)
An Ordinance by Councilmembers
07O0976(33) An Ordinance by Councilmember Felicia A. Moore as amended by Finance/Executive Committee to request and authorize the City Auditor through the Audit Committee to conduct an independent audit of the Department of Aviation Consolidated Rental Car Facility Project (CONRAC); and for other purposes.
07O0977(34) An Ordinance by Councilmember Kwanza Hall as substituted and amended by Finance/Executive Committee to amend the Code of Ordinances in order to provide the eligibility requirements for members of the General Employees’ Pension Fund to purchase prior service credit with sources of funds; to include contributions from any Deferred Retirement Account; and for other purposes.
RESOLUTIONS
CITY UTILITIES COMMITTEE - CARLA SMITH, CHAIR
07R0566( 1) 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.
07R0936( 2) A Resolution by City Utilities Committee authorizing the Mayor to enter into Renewal Agreement No. 2 with Dreamsan, Inc., for FC-6004007836, Recycling Program, on behalf of the Department of Public Works; to authorize payment of invoices for final 120 days in the current Fiscal Year in an amount not to exceed $675,000.00; all contracted work shall be charged to and paid from Fund, Account and Center Number: 1A01 (General Funds) 524001 (Consultant/Professional Services) M38301 (Recycling & Collection); and for other purposes.
07R0957( 3) An Amended Resolution by City Utilities Committee authorizing the Mayor to enter into an agreement with Optimus Solutions, Inc., utilizing the State of Georgia Contract SWCGTA00546 for the purchase of Voice Over Internet Protocol Products and Services on behalf of the Department of Watershed Management in an amount not to exceed $161,000.00; all contracted work will be charged to Fund, Account and Center Number: 2J01 (Water and Wastewater Revenue) 521101 (Consumable) Q81001 (Watershed Protection); and for other purposes.
07R0959( 4) A Resolution by City Utilities Committee correcting
*** Resolution 06R2042which authorized funding for the Atlanta Infrastructure Managers, JV (FC-6005007989), Sewer System Evaluation Survey of Wastewater Collection and Transmission System Sewer Groups 3 and 4 by inserting the correct dollar amount ($457,660.60) in the “be it further resolve clause” as is in the caption; and for other purposes.
07R0967( 5) An Amended Resolution by City Utilities Committee authorizing the Mayor to enter into an agreement with Peniel Solutions, LLC Utilizing Federal Contract GS-35F-0411R for the Design, Implementation, and Management of a Voice Over IP (VOIP) Solution on behalf of the Department of Watershed Management in an amount not to exceed $49,270.00; all contracted work will be charged to Fund, Account and Center Number: 2J01 (Water and Wastewater Revenue) 524001 (Consultants/Professional Services) Q81001 (Watershed Protection); and for other purposes.
07R0989( 6) A Resolution by Councilmember Anne Fauver authorizing the Mayor to enter into an agreement with 1075 Peachtree, LLC, for the construction and operation of a temporary tie-back support system, on behalf of the Department of Public Works; and for other purposes.
07R1000( 7) A Resolution by City Utilities Committee to authorize the
***
Mayor to enter into a Consent Agreement and to authorize payment pursuant
to the Consent Agreement as requested by the Georgia Public Service Commission
of the State of
07R1001( 8) A Resolution by City Utilities Committee to authorize the
*** Mayor to execute a Renewal Agreement with Decanter Machine, Inc., FC-6004007872, for TWAS Centrifuge Maintenance and Repair, on behalf of the Department of Watershed Management, in an amount not to exceed $1,300,000.00; all contracted work will be charged to and paid from Various Fund, Account and Center Numbers; and for other purposes.
COMMUNITY DEVELOPMENT/
HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR
07R0355( 9) A Substitute Resolution by Community Development/Human Resources Committee authorizing the Mayor to enter into Various Contractual Agreements for the implementation of Projects under the 2007 Community Development Block Grant (CDBG), 2007 Emergency Shelter Grant (ESG), 2007 HOME, 2007 American Dream Downpayment Initiative (ADDI) and the 2007 Housing Opportunities for Persons with AIDS (HOPWA) Programs; and for other purposes.
07R0991(10) A Resolution by Councilmember Anne Fauver authorizing the Bureau of Planning to recognize as a nonconforming lot of record, a lot located at 1523 Iverson Street, NE, that has been created as the result of previously issued building permits and that presently has a house located on it; and for other purposes.
07R0949(11) A Resolution by Community Development/Human Resources
***
Committee designating the Downtown Development Area served by the
Downtown Development Authority of the City of
PUBLIC SAFETY AND LEGAL
ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR
07R0966(12) A Resolution by Public Safety and Legal Administration Committee to correct the Fund, Account and Center Number in Resolution Number 07R0318adopted by the Atlanta City Council on March 5, 2007 and approved by the Mayor on March 13, 2007; and for other purposes.
07-R-0981 (13) A Resolution by Councilmember Kwanza Hall authorizing the Mayor to apply for and accept funding from the Atlanta Coordinating Responsible Authority Inc., (ACORA) in an amount not to exceed $318,000.00 for the purpose of expanding the Restorative Board Program of the Community Court Division of the Municipal Court of Atlanta, which will include Conflict Resolution and Anger Management; and for other purposes.
TRANSPORTATION COMMITTEE - CLAIR MULLER, CHAIR
07R0948(14) A Resolution by Transportation Committee authorizing the Mayor to enter into a Renewal Agreement No. 2 with SP Group for FC-7370-01C, Architectural and Engineering Design Support Services, on behalf of the Department of Aviation to provide Professional Consulting Services; and for other purposes.
07R0964(15) A Resolution by Transportation Committee authorizing the Mayor to enter into an appropriate Contractual Agreement with Clayton County Water Authority to accept a credit on future Stormwater Utility Fees assessed to the City of Atlanta for stormwater runoff generated from Hartsfield-Jackson Atlanta International Airport on behalf of the Department of Aviation; and for other purposes.
07R0965(16) A Resolution by Transportation Committee authorizing the Mayor to execute a Lease Agreement with Atlantic Southeast Airlines, Inc. (“ASA”) to provide for the improvement and occupancy of the City North Hangar Facility at Hartsfield-Jackson Atlanta International Airport; and for other purposes.
FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR
07R0941(17) A Resolution by Finance/Executive Committee authorizing the Mayor to execute Change Order No. 1 with Paramount Contracting Company, for FC-3005007894, Runway Safety Areas 26R-9L-9R, on behalf of the Department of Aviation, in an amount not to exceed $288,570.00; all contracted work will be charged to and paid from Fund, Account and Center Number 2H26 574001 R21E050796AA (Airport Passenger Facility Charge, Facilities other than Buildings, Airfield Pavement Replacement Program); and for other purposes.
07R0942(18) A Substitute Resolution as amended by Finance/Executive Committee authorizing the Mayor to enter into an Intergovernmental Agreement with Dekalb County, Georgia, for the Billing and Collection of Ad Valorem Property Taxes for the portion of the City of Atlanta which lies within Dekalb County, for an annual fee of $75,000.00, to be charged to and paid from Fund, Account and Center Number 1A01 (General Fund) 561001 (Payments to Other Governments) T31001 (Unallocated Fund-Wide Expenses); and for other purposes.
07R0943(19) A Resolution by Finance/Executive Committee authorizing the Chief Financial Officer to issue a refund to American Management Association International in the amount of $12,945.31 for business license fees paid in error to the City of Atlanta; all funds shall be charged to and paid from Fund, Account and Center Number 1A01 (General Fund) 529010 (Refunds) T31001 (Unallocated Fund Wide Expenses); and for other purposes.
07R0944(20) A Substitute Resolution as amended by Finance/Executive Committee authorizing the Mayor to execute a Contract with Claudia G. Lawson, Dekalb County Tax Commissioner, for the Billing and Collection of Property Taxes for the portion of the City of Atlanta which lies within Dekalb County, at a rate of $2.00 per individual account billed; all funds shall be charged to and paid from Fund, Account and Center Number: 1A01 (General Fund) 561001 (Payments to Other Governments) T31001 (Unallocated Fund Wide Expenses); and for other purposes.
07R0992(21) A Resolution by Councilmembers Anne Fauver and Clair Muller as substituted and amended by Finance/Executive Committee to support effective action by the President of the United States, the United States Congress, the Governor of the State of Georgia, and the Georgia General Assembly, the Mayor of Atlanta, and the Atlanta City Council, to address the issue of Global Climate Change, which is increasingly harmful to the environment and economy of the United States of America, the Southeastern Region, the State of Georgia, and the City of Atlanta; and for other purposes.
PUBLIC SAFETY AND LEGAL
ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR
Claims with favorable recommendations:
07R0885( 1)
Claim of Allstate Insurance Company, as subrogee of insured, Wendy
Stinnett, for vehicular damages alleged to have been sustained from an
automobile accident on May 23, 2006 at Sidney Marcus Boulevard, NE and the State
Route 400 southbound exit.
$7,308.00
07R0886( 2)
Claim of State Farm Insurance Companies, as subrogee of Nyrshea
Williams, for damages alleged to have been sustained as a result of a
vehicular accident of November 23, 2006 at Windsor Street and Crumley Street. $5,548.59
07R0887( 3)
Claim of Wilhelmena Johnson, through her attorney, Robert A. Elsner,
Esq., for damages alleged to have been sustained from an entitlement to
employee benefits from April 1995 through December 30, 2004 at 55 Trinity
Avenue, SW. $8,500.00
07R0888( 4)
Claim of Euphemmie Duncan, for bodily injuries alleged to have
been sustained after stepping on an un-raised water valve that was located in
the crosswalk on April 17, 2006 at Old National Highway and Lantern Lane. $1,733.57
07R0889( 5)
Claim of Danny Dunworth, for bodily injuries alleged to have been
sustained from stepping into an open water meter on September 2, 2006 at 435
Clifton Road, NE.
$1,850.00
07R0890( 6)
Claim of Heritage Book Shop, Inc., for property damages alleged to
have been sustained when a book was erroneously destroyed on December 18, 2006
at 675 Ponce de Leon Avenue, NE. $6,000.00
07R0891( 7)
Claim of Matasha L. Turner, through her attorney, David H. Glass, Esq.,
for bodily injuries alleged to have been sustained from an automobile accident
on July 5, 2006 at 283 Sunset Avenue, NW.
$12,000.00
07R0892( 8)
Claim of John Popinko and Cynthia Griffith, for damages alleged to
have been sustained as a result of a tailpiece leak on October 21, 2006 at 1279
Lenox Circle, NE.
$980.00
07R0893( 9)
Claim of Phoenix Loss Control, as subrogee of Comcast, for damages
alleged to have been sustained during the repair of a tailpiece leak on December
20, 2005 at 2805 Green Bower Court.
$1,902.75
07R0894(10)
Claim of Annie R. Austin, for vehicular damages alleged to have
been sustained from an automobile accident on December 7, 2006 at 2005 Grange
Drive. $1,809.83
07R0895(11)
Claim of William Brewer, for damages alleged to have been
sustained as a result of a vehicular accident on February 21, 2007 at 1655
Memorial Drive.
$876.00
07R0896(12)
Claim of W. Dean Shiver, for vehicle damages alleged to have been
sustained as a result of driving over an unsecured metal plate on March 20, 2007
at Monroe and Park Drives. $518.84
07R0897(13)
Claim of Wendy Lowe, for damages alleged to have been sustained as
a result of driving over a fire hose that had fallen from Engine 9 on February
1, 2007 at the intersection of Martin Luther King, Jr. Drive, SW and Lynhurst
Drive, SW. $738.16
07R0898(14)
Claim of Shameka Sims, for damages alleged to have been sustained
as a result of a vehicle accident on March 9, 2007 at the intersection of Lee
and Oak Streets. $2,555.42
07R0899(15)
Claim of Zachary Wilson, for damages alleged to have been
sustained as a result of driving over an open construction cut on September 14,
2006 at 605 Boulevard, NE. $837.04
07R0900(16)
Claim of Barbara S. Tapp, for damages alleged to have been
sustained as a result of a water meter leak in October 2006 at 420 Highbrook
Drive. $1,443.25
07R0901(17)
Claim of Janice D. Hancock, for damages alleged to have been
sustained as a result of a slip and fall incident in an uncovered water meter on
February 10, 2007 at 954 Washington Street, SW.
$2,576.50
07R0902(18)
Claim of Deborah A. Lyons, for vehicular damages alleged to have
been sustained from an automobile accident on February 14, 2007 at 1145 Hemphill
Avenue, NW. $2,299.11
07R0903(19)
Claim of Mamie L. West, for damages alleged to have been sustained
as a result of storm water overflow due to a broken catch basin on July 12, 2005
at 577 Westmeath Drive, SW. $2,000.00
07R0939(20)
Claim of Ron Lenore, for vehicular damages and bodily injuries
alleged to have been sustained when a scooter was driven over a defective gate
system on June 5, 2006 on Park Drive at Chastain Park.
$15,000.00
07R0950(21)
Claim of Travelers, as subrogee of Cathy Aderman, for damages
alleged to have been sustained as a result of a vehicular accident on May 13,
2006 at the intersection of 10th Street and Monroe Drive. $2,365.84
Claims with unfavorable recommendations:
07R0904(22) Claim of Kaushalya Charande, for damages alleged to have been sustained as a result of a tree limb falling on March 7, 2007 at 1307 Almont Drive.
07R0905(23) Claim of Bill Adams, through his attorneys of record, Joel H. Thornton, Esq., John G. Stepanovich, Esq., International Human Rights Group, for damages alleged to have been sustained when religious speech was banned by police on June 24, 2006 at 400 Park Drive, NE.
07R0906(24) Claim of Charles Waken, for damages alleged to have been sustained as a result of a sewer backup between November 23, 2004 and December 8, 2004 at 1015 Boulevard, SE.
07R0907(25) Claim of Mildred Anderson, for damages alleged to have been sustained as a result of a sewer backup on January 2, 2005 at 390 Lincoln Place, SW.
07R0908(26) Claim of State Farm Insurance, as subrogee of Nepsent Melake, for vehicular damages alleged to have been sustained from an automobile accident on July 12, 2006 at 3871 Peachtree Road, NE.
07R0909(27) Claim of Allstate Insurance, as subrogee of Ronald Mincey, for damages alleged to have been sustained from an automobile accident on November 11, 2006 on Georgia State Route 520.
07R0910(28) Claim of Saul Hernandez, through his attorney, Will Miller, Esq., Orr & Orr, LLP, for damages alleged to have been sustained from an unlawful arrest on July 26, 2006 at 1255 Collier Road.
07R0911(29) Claim of State Farm Insurance, as subrogee of Seble Ayele, for vehicular damages alleged to have been sustained from an automobile accident on July 12, 2006 at 3871 Peachtree Road, NE.
07R0912(30) Claim of Veronica Holmes, for damages alleged to have been sustained from a water main break on February 13, 2006 at 120 Laurel Drive, NE.
07R0913(31) Claim of Phyllis Hutchins, for vehicular damages alleged to have been sustained after driving over a construction site that was left open and in an unsafe condition on September 10, 2006 at 1917 Baker Road.
07R0914(32) Claim of Danielle Crews, for vehicular damages alleged to have been sustained after driving over a construction site that was left open and in an unsafe condition on July 24, 2006 at 3055 Peachtree Road, NE.
07R0915(33) Claim of Level 3 Communications, Inc., through its Attorney, Randall S. Fudge, P. C., for property damages alleged to have been sustained when a fiber optic cable was severed during a water main break on May 10, 2005 at Peachtree Road, NE and Peachtree Battle Avenue, NW.
07R0916(34) Claim of Albert Robinson, for damages alleged to have been sustained as a result of striking an open construction cut on July 4, 2006 at 1461 Jonesboro Road.
07R0917(35) Claim of Arch Woodard, for damages alleged to have been sustained as a result of driving over an unsecured construction cut on May 4, 2003 at Hosea L. Williams and Rogers Street.
07R0918(36) Claim of Hazel Banks, for damages alleged to have been sustained as a result of striking a pothole in the roadway on December 31, 2005 at 3600 Campbellton Road.
07R0919(37) Claim of Duane E. Cox, for damages alleged to have been sustained as a result of striking a concrete reinforcement wire on November 21, 2005 on Lindbergh Drive.
07R0920(38) Claim of Annette Diop, for damages alleged to have been sustained as a result of damage to a fence in October 2005 at 471 English Avenue, NW.
07R0921(39) Claim of Soon Hong, for damages alleged to have been sustained as a result of the disconnection of his water service in June 2005 at 2084 Campbellton Road.
07R0922(40) Claim of Willie F. Gary, II, for damages alleged to have been sustained as a result of striking an open construction cut on July 4, 2006 and July 5, 2006 at 1481 Jonesboro Road.
07R0923(41) Claim of Craig T. Rowe, for vehicular damages alleged to have been sustained after driving over a construction site that was left open and in an unsafe condition on October 11, 2006 at 1230 West Peachtree Street, NE.
07R0924(42) Claim of Keenan Wilson, for damages alleged to have been sustained as a result of an automobile accident on May 25, 2006 at 230 Milton Avenue, SE.
07R0925(43) Claim of Marion J. Maloof, for damages alleged to have been sustained during the repair of a water main break on May 10, 2006 at 7040 Northgreen Drive, Atlanta, Georgia 30328.
07R0926(44) Claim of Larry N. Crawford, through his attorney, William C. Burn, Esq., for damages alleged to have been sustained due to a false arrest on March 28, 2004 at 438 Moreland Avenue, SE.
07R0927(45) Claim of Jenny Thomas, for damages alleged to have been sustained as a result of an automobile accident on December 13, 2006 at 975 Rupley Drive.
07R0928(46) Claim of JNR Adjustment Company, Inc., as subrogee of Comcast, for damages alleged to have been sustained as a result of a severed cable line on July 12, 2006 at 5014 Lower Elm Street.
07R0929(47) Claim of Mary Springer, for damages alleged to have been sustained as a result of a tree falling on July 1, 2006 at 1636 South Olympian Way.
07R0930(48) Claim of Debbie Pinkins, for damages alleged to have been sustained as a result of the erroneous discard of a trash receptacle on May 17, 2006 at 1503 McPherson Avenue.
07R0931(49) Claim of Ryan Champney, for damages alleged to have been sustained as a result of a fallen tree on September 17, 2006 at 2297 Adams Drive, NW.
07R0932(50) Claim of Gloria Walker, for damages alleged to have been sustained as a result of a sewer backup on January 10, 2007 at 3791 Rockport Place, SW.
07R0933(51) Claim of John Watts, through his attorneys, Stokes & Kopitsky, P.A., for vehicular damages alleged to have been sustained due to an automobile accident on March 21, 2007 at Piedmont Road and Burke Road.
07R0934(52) Claim of Melanie Strozier, on behalf of, Jewell Strozier, minor, through their attorney Anton Rowe, for damages alleged to have been sustained as a result of a summer camp field trip on July 18, 2006 at the Thomasville Recreation Center, 1835 Henry Thomas Drive.
CONSENT AGENDA SECTION II
ORDINANCES FOR FIRST READING
CITY UTILITIES COMMITTEE - CARLA SMITH, CHAIR
07O0937( 1) An Ordinance by City Utilities Committee amending Article V, Chapter 154, Section 301 of the Code of Ordinances so as to provide for modifications to the City of Atlanta Industrial Pretreatment Program; to set allowable pollutant levels on process discharges for industrial users; and for other purposes.
TO BE REFERRED TO CITY UTILITIES COMMITTEE
07O0938( 2) An Ordinance by City Utilities Committee to amend the 2007 (2005 Water and Wastewater Renewal and Extension Fund) Budget by anticipating and appropriating $19,000,000.00 in proceeds from a loan, #2005L05WQ, from the Georgia Environmental Facilities Authority (GEFA) to partially finance the construction of the West Area Combined Sewer Overflow Storage Tunnel; authorizing the Chief Financial Officer to anticipate and appropriate in the Water and Wastewater Renewal and Extension Fund, all future reimbursement loan proceeds to the City from GEFA Funds and GEFA Administered Funds that finance or partially finance Water and Wastewater Treatment and Collection System Capital Improvement Projects approved by GEFA to receive said funding; and for other purposes.
TO BE REFERRED TO CITY UTILITIES COMMITTEE
07O0956( 3) An Ordinance by City Utilities Committee to repeal Section 154-73, Chapter 154, Article III, Division 1, Water, of the City of Atlanta Code of Ordinances; and to establish comprehensive water use restrictions, authorize the Mayor or her designee to set outdoor water use restrictions based upon drought response levels declared by the Director of the Environmental Protection Division, Department of Natural Resources, State of Georgia; to provide for additional water use restrictions during emergency conditions, repairs and water shortages, to establish provisions for adequate enforcement of outdoor water use schedules and other water use restrictions during emergency conditions, repairs and water shortages; and for other purposes.
TO BE REFERRED TO CITY UTILITIES COMMITTEE
COMMUNITY DEVELOPMENT/
HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR
07O0935( 4) An Ordinance by Community Development/Human Resources Committee to adopt the City of Atlanta’s 2007 Official Neighborhood Boundary Map; and for other purposes.
TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES
COMMITTEE
07O0951( 5) An Ordinance by Community Development/Human Resources Committee to amend Sections 2, 4 and 5 of Ordinance 05O0665 entitled “An Ordinance to create the “Villages at Carver” Housing Enterprise Zone”, to be located at 201 Moury Avenue and 155 Meldon Avenue, Atlanta, Georgia; and for other purposes.
TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES
COMMITTEE
07-O-0952 ( 6) An Ordinance by Community Development/Human Resources Committee to amend Sections 3 and 4 of Ordinance 04O0656 entitled “The Vineyards of Brown’s Mill Housing Enterprise Zone”, to be located on three parcels at the southwest corner of Cleveland Avenue, SE, and Jonesboro Road, SE; and for other purposes.
TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES
COMMITTEE
07-O-0953 ( 7) An Ordinance by Community Development/Human Resources Committee to amend Sections 2, 3 and 4 of Ordinance 04O0653 entitled “The St. John’s Place Housing Enterprise Zone”, to be located at 545 St. Johns Avenue, SW (consolidated from numerous parcels on St. Johns Avenue, SW, and Adams Street, SW); and for other purposes.
TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES
COMMITTEE
07-O-0954 ( 8) An Ordinance by Community Development/Human Resources Committee to amend Section 2 of Ordinance 01O1489 entitled “An Ordinance to change the effective date of creation for that portion of the Castleberry Hill Mixed-Use Residential/Commercial Enterprise Zone known as the Castleberry Inn/Legacy at Castleberry Hill, from January 1, 1996 to January 1, 2002”; and for other purposes.
TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES
COMMITTEE
07-O-0955 ( 9) An Ordinance by Community Development/Human Resources Committee to amend Ordinance 02O1550 entitled “An Ordinance to create the “Legacy Superblock at Castleberry Hill Mixed-Use Residential/Commercial Enterprise Zone”, to be located at Castleberry Hill (property that is bounded generally by Northside Drive, Larkin Street, Walker Street, and McDaniel Street)”, for the purpose of adding a new section that would specify that “for sale” units shall be at 100% of the Average Median Income (AMI”) and rental units shall be charged at 60% of the AMI; and for other purposes.
TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES
COMMITTEE
07-O-0958 (10) An Ordinance by Community Development/Human
CDP-07-18 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 1101 Collier Road, NW, from the “Industrial” and "Medium Density Residential" Land Use Designations to the "Mixed Use" Land Use Designation; and for other purposes.
NPU-C Council District 9
TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES
COMMITTEE
07O0960(11) An Ordinance by Community Development/Human
CDP-07-19 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 421 Connell Avenue, SE, from the "Low Density Residential" Land Use Designation to the "Medium Density Residential" Land Use Designation; and for other purposes.
NPU-X Council District 12
TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES
COMMITTE
07O0962(12) An Ordinance by Community Development/Human
CDP-07-20 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 479-489 Stephens Street, SW, from the "Industrial" Land Use Designation to the "High Density Residential" Land Use Designation; and for other purposes.
NPU-V Council District 4
TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES
COMMITTEE
07O0983(13) An Ordinance by Community Development/Human
CDP-07-21 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 2862 Lenox Road, NE, from the "Low Density Residential" Land Use Designation to the "Medium Density Residential" Land Use Designation; and for other purposes.
NPU-B Council District 7
TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES
COMMITTEE
07O0996(14) An Ordinance by Community Development/Human
CDP-07-22 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 668 North Avenue, NW, from the "Medium Density Residential" Land Use Designation to the "High Density Residential" Land Use Designation; and for other purposes.
NPU-L Council District 3
TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES
COMMITTEE
07O0997(15) An Ordinance by Community Development/Human
CDP-07-28 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 470 Macedonia Road, SE, from the "Single Family Residential” Land Use Designation to the "Low Density Commercial" Land Use Designation; and for other purposes.
NPU-Z Council District 12
TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES
COMMITTEE
07O0998(16) An Ordinance by Community Development/Human
CDP-07-29 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 305, 311, 317 & 323 Buckhead Avenue and 312 Pharr Road, NE, from the “Low Density Commercial” Land Use Designation to the "High Density Commercial" Land Use Designation; and for other purposes.
NPU-B Council District 7
TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES
COMMITTEE
07O0999(17) An Ordinance by Community Development/Human
CDP-07-30 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 930 Mauldin Street (aka Fulton Terrace), SE, from the "Low Density Commercial" Land Use Designation to the "Very High Density Residential" Land Use Designation; and for other purposes.
NPU-N Council District 5
TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES
COMMITTEE
PUBLIC SAFETY AND LEGAL
ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR
07O0945(18) An Ordinance by Public Safety and Legal Administration Committee amending the 2007 (Intergovernmental Grant Fund) Budget, Department of Police, by adding to anticipations and appropriations, the amount of $77,890.00, for grant funds from the Governor’s Criminal Justice Coordinating Council, for the purpose of paying for overtime to Police Officers Patrolling Gang Areas; and for other purposes.
TO BE REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION
COMMITTEE
07O0946(19) An Ordinance by Public Safety and Legal Administration Committee amending the 2007 (Intergovernmental Grant Fund) Budget, Department of Police, by adding to anticipations and appropriations, the amount of $10,000.00, for grant funds from the Governor’s Criminal Justice Coordinating Council, for the purpose of paying for overtime to Police Officers Patrolling Gang Areas; and for other purposes.
TO BE REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION
COMMITTEE
07O0947(20) An Ordinance by Public Safety and Legal Administration Committee amending the 2007 (Intergovernmental Grant Fund) Budget, Department of Police, by adding to anticipations and appropriations, the amount of $15,600.00, for grant funds from the Governor’s Criminal Justice Coordinating Council, for the purpose of funding the Police Athletic League in order to reduce gang participation; and for other purposes.
TO BE REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION
COMMITTEE
FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR
07O0961(21) An Ordinance by Finance/Executive Committee to correct the Center Number in Ordinance number 06O0617Adopted by the Atlanta City Council on September 5, 2006 and Approved by the Mayor on September 13, 2006; and for other purposes.
TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE
07-O-1003 (22) An Ordinance by Finance/Executive Committee to amend
*** Ordinance 06O0381 which amends Chapter 2, Article III, Sec. 2-176, Article V, Sec. 252 and Chapter 2, Article X, Divisions 1 through 8 and Divisions 14 through 16 of the City of Atlanta Procurement Code; and for other purposes.
TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE
COMMITTEE ON COUNCIL
FELICIA A. MOORE, CHAIR
COMMUNICATIONS
07-C-0662 ( 1) A Communication by Mayor Shirley Franklin re-appointing Ms. Rosel Fann to serve as a Taxicabs & Vehicles for Hire Hearing Officer for the City of Atlanta. This re-appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation. (Favorable by Public Safety and Legal Administration Committee 5/15/07)
07C0663( 2) A Communication by Mayor Shirley Franklin re-appointing Mr. Rollin Carter to serve as a Taxicabs & Vehicles for Hire Hearing Officer for the City of Atlanta. This re-appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation. (Favorable by Public Safety and Legal Administration Committee 5/15/07)
07C0876 ( 3)
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’ appointment of Mr. Kwaku C. George (At-Large Position 9)
to serve as the County’s representative on the BeltLine TAD Advisory
Committee. This appointment is to fill the unexpired term of Mr. Al Goodgame
(expiration date of 1/2/09), scheduled to begin on the date of Council
confirmation. (Forwarded with no
Recommendation by CD/HR Committee 5/15/07)
07C0877( 4)
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’ appointment of Mr. Jon Hayes Carlsten (Position 3) to
serve as the County’s representative on the BeltLine TAD Advisory Committee.
This appointment is to fill the unexpired term of Ms. Mary Cooney
(expiration date of 11/20/08), scheduled to begin on the date of Council
confirmation. (Forwarded with no Recommendation by CD/HR Committee 5/15/07)
07C0878( 5) A Communication to Council President Lisa M. Borders and Members of Council from Dr. Charles Steele, Jr., National President and CEO of Southern Christian Leadership Conference submitting their appointment of Reverend Albert E. Love to serve on the Reverend Joseph Boone Commission, scheduled to begin on the date of Council confirmation.
07C0880( 6) A Communication by Councilmembers Anne Fauver, District 6; Natalyn Archibong, District 5 and Mary Norwood, Post 2 At-Large re-appointing Ms. Martha Porter Hall to serve as a member of the Zoning Review Board. This appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation. (Favorable by Zoning Committee 5/16/07)
07C0882( 7) A Communication by Mayor Shirley Franklin re-appointing Carole Dortch to the Civil Service Board for a term of three (3) years, scheduled to begin on the date of Council confirmation. (Favorable by Finance/Executive 5/16/07)
ORDINANCE FOR SECOND READING
07O0884( 1) An Ordinance by Committee on Council to amend the 2001 City of Atlanta Precincts and Polling Places Ordinance in City of Atlanta Precincts 11B1, 11B2, 11E3, 11E4 and 12E2; and Fulton County Precincts SC02, SC08A, SC16A, SC17, SC18A, SC19A, SC19B, SC19C, SC30 and UC01 as a result of Annexation of Precinct Boundary Line Changes; and for other purposes.
PAPERS HELD IN COMMITTEE
06O1333( 1) An Ordinance by Councilmembers Anne Fauver and Cleta Winslow to amend the Charter of the City of Atlanta adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws l965, P.298, et seq.) as amended, to amend Part I, Subpart A, Article VII, Chapter 3, Section 2-301(c) of the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, p. 4469, et seq.), approved April 15, 1996 as amended, so as to allow elected officials to view a video taped copy of the Elected Officials Mandatory Training Modules; to make the mandatory training apply to newly elected officials only; and for other purposes. (Held 6/19/06; Vote taken to continue to hold 1/2/07.)
06C1978( 2) A Communication by Mayor Shirley Franklin re-appointing James Wright to serve as a member of the Westside Tax Allocation District (TAD) Downtown Advisory Board for the City of Atlanta in the Castleberry Hill Neighborhood Association Category. This re-appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation. (Forwarded without Recommendation by CD/HR Committee 9/12/06; Held 9/18/06.)
06O2137( 3) An Ordinance by Councilmember Howard Shook to abolish the term limit for persons serving on any City Board or Commission; and for other purposes. (Held for further review and discussion 10/02/06.)
07O0081( 4)
An Ordinance by Councilmember
Howard Shook to amend the Rules of Council so as to establish a policy requiring
city departments to submit quarterly reports to the Council Committee of purview
in a manner prescribed by the Committee; and for other purposes.
(Held 1/16/07 so that the Law Department can meet with the author for
further discussion.)
07O0094( 5) An Ordinance by Committee on Council to amend Chapter Two, Article II, Division 2, Subdivision II, Section 2-104 (a), entitled “Remarks from Public” of the Code of Ordinances of the City of Atlanta, so as to preclude the City Council from accepting additional names on the speakers’ list, to be heard during remarks from the public, after roll call has occurred at its regularly scheduled City Council meetings; to waive conflicting ordinances; and for other purpose. (Held 2/05/07 so that the Committee can discuss further.)
07C0408( 6) A Communication to Council President Lisa M. Borders and Members of Council by Reverend Darrell D. Elligan, President of Concerned Black Clergy of Metropolitan Atlanta, Inc. on behalf of Concerned Black Clergy, submitting his name as appointee to serve on the Reverend Joseph E. Boone Commission, scheduled to begin on the date of Council confirmation. (Held 3/19/07 so that the appointee can appear before the Committee.)
07C0667( 7) A Communication by Mayor Shirley Franklin re-appointing Ms. Page Gleason to serve as a member of the Tree Conservation Commission in the Lay Citizen Category for the City of Atlanta. This re-appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation. (Forwarded with no recommendation by CD/HR 5/1/07)
MEMBERS PRESENT:
CITY UTILITIES COMMITTEE
CARLA SMITH, CHAIR
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)
07R0750( 9) A Resolution by City Utilities Committee authorizing the Mayor to enter into an agreement with Players & Company, for FC-6006007947, Annual Contract for Major Mechanical Services for the Bureau of Wastewater Treatment and Collections, on behalf of the Department of Watershed Management, in an amount not to exceed $122,280.00; all contracted work will be charged to and paid from Various Fund, Account and Center Numbers; and for other purposes. (Held 5/1/07 at the request of the Department.)
07O0872(10) An Ordinance by Finance/Executive Committee as substituted by City Utilities Committee to reduce the scheduled increases for monthly Water and Sewer Rates for the City of Atlanta, Georgia, as authorized by Chapter 154, Article III, Division 3, Sections 154-111 and 154-112 (Water Rates and Charges) and Chapter 154, Article V, Division 3, Sections 154-276 and 154-277 (Sewer Rates and Charges); and for other purposes. (Substituted and Held 5/15/07 for a Public Hearing) (Advertised for a Public Hearing 5/23/07 at 6:00 p.m.)
07O0979(11) An Ordinance by Councilmember Kwanza Hall to abandon a portion of Fair Street, SW located between Peters Street and the Railroad right-of-way consisting of 0.093 acre more or less, and being more specifically described as Tract “1” in the attached Exhibit “A” lying and being in Land Lot 84 of the 14th District, Fulton County, Georgia; and for other purposes. (Held 5/15/07 for a Public Hearing) (To be advertised for a Public Hearing)
07O0980(12) An Ordinance by Councilmember Kwanza Hall to abandon a portion of Castleberry Street, SW located between Peters Street and the Railroad right-of-way consisting of 0.115 acre more or less, and being more specifically described as Tract “4” in the attached Exhibit “A” lying and being in Land Lot 84 of the 14th District, Fulton County, Georgia; and for other purposes. (Held 5/15/07 for a Public Hearing) (To be advertised for a Public Hearing)
07O0982(13) An Ordinance by Councilmember Kwanza Hall to abandon that portion of John Wesley Dobbs Avenue, NE located between Jackson Street and the Dead End of John Wesley Dobbs Avenue consisting of 11,914 square feet (0.27 acre), more or less, and being more specifically described in the attached Exhibit “A” lying and being in Land Lot 46 of the 14th District, Fulton County, Georgia; and for other purposes. (Held 5/15/07 for a Public Hearing) (Advertised for a Public Hearing 5/29/07 at 9:00 a.m.)
07O0985(14) An Ordinance by Councilmembers Howard Shook and Carla Smith to abandon that certain portion of Bolling Way located between Pharr Road and Buckhead Avenue and also abandon a portion of Bolling Way located immediately north of the intersection of Bolling Way with Buckhead Avenue, such parcels consisting of a total of 0.47 acre, more or less, lying and being in Land Lot 99 of the 17th District, Fulton County, Georgia; and for other purposes. (Held 5/15/07 for a Public Hearing) (Advertised for a Public Hearing 5/29/07 at 9:00 a.m.)
07R0994(15) 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. (Held 5/15/07) (dummy paper)
MEMBERS PRESENT: SMITH, MITCHELL, SHOOK, MULLER, ARCHIBONG & YOUNG
COMMUNITY DEVELOPMENT/
HUMAN RESOURCES COMMITTEE
JIM MADDOX, CHAIR
ORDINANCES FOR SECOND READING
07O0362( 1)
An Ordinance by Councilmember Howard Shook as substituted and amended by
Community Development/Human Resources Committee (5/15/07) amending the Tree
Protection Ordinance to make numerous changes thereto, including: adding and
changing definitions; altering the parking lot requirements; allowing for tree
recompense credit for certain fee simple land contributions to the City;
modifying the penalties section of the Ordinance; altering the qualification of
who can serve as a Tree Conservation Commission Board Member; providing a
monthly honorarium of $75.00 for Tree Conservation Commission Board Members;
altering the requirements for who may appeal an arborist’s decision regarding
tree(s) on private property; changing the time limit in which someone can appeal
an arborist’s decision regarding tree(s) on private property; altering the
time period during which a person must maintain a newly planted tree; creating a
permit that allows removal of one tree per every five years from certain
residential properties with reduced recompense under specific circumstances; and
for other purposes.
FORWARDED WITH NO RECOMMENDATION ON SUBSTITUTE AS
AMENDED
07O0398( 2) An Ordinance by Community Development/Human
CDP-07-11
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 186 Walthall Street, from the "Single Family Residential” Land Use Designation to the "Medium Density Residential" Land Use Designation; and for other purposes. (1ST Quarter CDP Public Hearing held 3/12/07)
NPU-N Council District 5
ADVERSE
PAPERS HELD IN COMMITTEE
06O0262( 1) An Ordinance by Councilmember Jim Maddox to amend Chapter 1, Section 101.4(e) of the Building Code Amendments by adding subparagraph (6) to require automatic sprinkler protection systems for all newly constructed single-family dwellings; to repeal conflicting ordinances; and for other purposes. (Held 1/31/06 to review the information package from the Fire Marshal)
06O0781( 2) An Ordinance by Councilmember Clair Muller to amend Part 15, Section 15-08.005 of the City of Atlanta Land Development Code regarding curved streets; and for other purposes. (Held 3/28/06 at request of the department for further review of the legislation)
06O1185( 3) An Ordinance by Community Development/Human
CDP-06-40 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 1416-1454 and 1449 & 1451 Vaughn Street, 1454 & 1458 Memorial Drive, 1411-1453 Woodbine Avenue and 124 & 134 Montgomery Street, SE, from the “Single Family Residential” Land Use Designation to the “Medium Density Residential” Land Use Designation; and for other purposes. (Public Hearing held 6/12/06) (Held 6/13/06 at the request of Bureau of Planning)