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ATLANTA CITY COUNCIL

AGENDA

Tuesday, September 4, 2007

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

Order of Business for the Atlanta City Council

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                                                                                                       

12.       Consent Agenda                                                                                                            3

13.       Report of Standing Committees                           Committee Chairs                       Pages

            Zoning Committee                                                    Ivory L. Young, Jr.                         37

            Finance/Executive Committee                                   Howard Shook                               59

            Committee on Council**                                          Felicia A. Moore                            65

      City Utilities Committee                                            Carla Smith                                    71

            Public Safety and Legal

            Administration Committee*                                      Cleta Winslow                                75

            Transportation Committee                                        Clair Muller                                    78

            Community Development/Human

            Resources Committee                                              Jim Maddox                                   81

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 12, 32 & 71)


5.         PROCLAMATIONS, COMMENDATIONS AND OTHER SPECIAL AWARDS

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

Mayor Pierre Salvi - City of Montreux , Switzerland

8.         COMMUNICATIONS

07-C-1810 ( 1)            A Communication by Chair John D. Marshall, Jr., Board of Ethics, to Municipal Clerk Rhonda Dauphin Johnson , submitting the six major colleges and universities within the City – Clark Atlanta University, Georgia Institute of Technology, Georgia State University, Morehouse College, Morris Brown College and Spelman College of their nomination of Ms. Cathy Daniels to serve on the City of Atlanta’s Board of Ethics.  This appointment is for a term of three (3) years and does not require Council confirmation.

RECOMMENDATION TO FILE

07-C-1811 ( 2)            A Communication by City Attorney Elizabeth Chandler submitting to City Council the report on outside counsel engagements pursuant to Code § 2-407.

RECOMMENDATION TO FILE

07-C-1812 ( 3)            A Communication by Municipal Clerk Rhonda Dauphin Johnson submitting a report of administrative corrections made to previously adopted legislation between the Council's regular meeting dates of August 20, 2007 and September 04, 2007 to the Atlanta City Council in accordance with Section 2-275 of the Atlanta City Code of Ordinances.  (07-R-1484, 07-R-1466)

RECOMMENDATION TO FILE


C O N S E N T      A G E N D A

There will be no separate discussion of these items.  If discussion on any item is desired, the item will be removed from the Consent Agenda and will be considered separately - excerpt from 11.2, Consent Agenda; Rules for the Conduct of Business for the Council of the City of Atlanta.

SECTION I

ORDINANCES FOR SECOND READING

FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR

07O1480( 1)                A Substitute Ordinance by Finance/Executive Committee amending the 2007 (General Government Capital Outlay Fund) Budgets in the Departments of Public Works, Police, Fire Rescue, Parks, Recreation & Cultural Affairs, and Planning and Community Development by transferring between accounts the sum of $454,100.00 for the purpose of funding the purchase of Transportation Modeling Software and existing personnel necessary to conduct the City-Wide Comprehensive Transportation Study; and for other purposes.

07O1506( 2)                A Substitute Ordinance by Finance/Executive Committee authorizing the City of Atlanta to waive the provisions contained in Chapter 2, Article X, Division 14, Subdivision II, Section 2-1547 of the City of Atlanta Code of Ordinances to authorize the Chief Procurement Officer to lease approximately 1,599 square feet of office space at City Hall East to Morseberger Group, on a Month-to-Month basis for a period not to exceed May 31, 2008, in an amount not to exceed $1,200.00 per month; to authorize the Mayor to enter into a Lease Agreement with Morseberger Group for the lease of approximately 1,599 square feet of office space at City Hall East; all lease payments shall be deposited to Fund, Account and Center Number 1A01 (General Fund) 462201 (Bldg. Rentals) D45A01069999 (City Hall East); and for other purposes.

07O1507( 3)                A Substitute Ordinance by Finance/Executive Committee to correct Ordinance 07O0618 by correcting Anticipations and Appropriations account numbers and Grant Project Accounts for the South Moreland Avenue Livable Centers Initiative Study funded by the Atlanta Regional Commission; and for other purposes.

07O1619 ( 4)               A Substitute Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer to amend the 2008 Water and Wastewater Budget, on behalf of the Department of Watershed Management, in an amount not to exceed $7,454,507.18 by transferring funds from 2J26 (1999 Water and Wastewater Bond Fund) 772001 (Easements) Q38I02649999 (Greensferry Sewer Separation); 2J26 (1999 Water and Wastewater Bond Fund) 771001 (Land) Q38I02649999 (Greensferry Sewer Separation); 2J26 (1999 Water and Wastewater Bond Fund) 774001 (Fac. other than Buildings) Q38I02609999 (Indian Creek Sewer); 2J26 (1999 Water and Wastewater Bond Fund) 792001 (Reserve, Designated) T11001 (Reservation of Fund Appropriations); 2J26 (1999 Water and Wastewater Bond Fund) 791001 (Reserve for Appropriations) T11001 (Reservation of Fund Appropriations) to 2J26 (1999 Water and Wastewater Bond Fund) 729023 (Arbitrage Rebate) T31001 (Unallocated Fund Wide Expenses) to pay Arbitrage Rebate Liability for the 1999 Water and Wastewater Bond, to the Internal Revenue Service; and for other purposes.

07O1788( 5)                An Ordinance by Councilmember Anne Fauver as amended by Finance/Executive Committee to waive Section 150-207(a) of the Code of Ordinances of the City of Atlanta to allow Roller Skating in the streets of Atlanta on October 7, 2007 for the 26th Annual Athens to Atlanta Road Skate; and for other purposes.

07O1801( 6)                An Ordinance by Councilmember C. T. Martin as substituted by Finance/Executive Committee to allow excess Annual Leave and Compensatory Time, carried forward into the year 2007 pursuant to Ordinance 05O1743 to be carried over into the year 2008; to provide that such excess leave time be used by December 31, 2009; to repeal conflicting ordinances and for other purposes.

CITY UTILITIES COMMITTEE - CARLA SMITH, CHAIR

07O1467 ( 7)               An Ordinance by City Utilities Committee to repeal Chapter 154, Article VI, Stormwater Management Utility, of the City of Atlanta Code of Ordinances; and for other purposes.

07O1468( 8)                An Ordinance by City Utilities Committee to abandon a portion of Montgomery Street, SE, between Woodbine Avenue and the dead-end of Montgomery Street; to abandon a portion of Woodbine Circle, SE between Montgomery Street to approximately 136.21 feet east of Montgomery Street; to abandon approximately 184.70 feet of unimproved right-of-way east of Montgomery Street, SE, consisting of approximately 0.38 acre and being more specifically described in the attached Exhibit “A”; to abandon a portion of Montgomery Street, SE between Woodbine Avenue and unimproved right-of-way, consisting of approximately 0.04 acre and being more specifically described in the attached Exhibit “B”; to incorporate by reference both Exhibits “A” and “B”  representing property lying and being in Land Lot 207 of the 15th District, Fulton County, Georgia; and for other purposes.  (Public Hearing held 8/28/07)

07O1502( 9)                An Ordinance by City Utilities Committee to authorize the abandonment of a portion of Cook Street, NW located between Main Street and the dead-end of Cook Street consisting of approximately 0.24683 acre and being more specifically described in the attached Exhibit “A”, lying and being in Land Lot 245 of the 17th District, Fulton County, Georgia; and for other purposes.  (Public Hearing held 8/28/07)

07O1530(10)               An Ordinance by Councilmember Kwanza Hall as substituted by City Utilities Committee authorizing the Mayor to enter into an Intergovernmental Agreement with the Atlanta Beltline, Inc., (“ABI”) for the design and construction of the Clear Creek Combined Sewer Basin Relief Project (“Project”) on behalf of the Department of Watershed Management; authorizing the Chief Financial Officer to amend the Fiscal Year 2008 Budget (Water and Wastewater Bond Fund) in the amount of $30,000,000.00 to transfer funds from the Reserve for Appropriations (2J28 7**** Q11X03019999) to Clear Creek Combined Sewer Basin Project (2J28 774001 Q38I01569999) to the Atlanta Beltline, Inc.; authorizing the Mayor to execute appropriate agreements with ABI to effectuate these purposes; authorizing the acceptance of the Project upon final completion of the Project; and for other purposes.

07O1787(11)               An Ordinance by Councilmember Kwanza Hall as substituted by City Utilities Committee authorizing the Commissioner of Public Works, on behalf the Mayor to, to waive paragraphs four (4) and five (5) of Section 138-60 of the Code of Ordinances of the City of Atlanta, for the issuance of a Banner Permit to the United Way of Metropolitan Atlanta; and for other purposes.

07O1790(12)               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-07-30, (2429 Claude Street, NW) applicant deposit a dollar amount ($2,500.00) equal to the value of the required sidewalk construction into a designated Trust Fund Account for District 9; and for other purposes.

TRANSPORTATION COMMITTEE - CLAIR MULLER, CHAIR

07O1488(13)               An Ordinance by Transportation Committee authorizing the installation of Yield Signs at the westbound portion of Kings Way at Haddon Hall Road; and for other purposes.

07O1489(14)               An Ordinance by Transportation Committee to create an All-Way Stop at the intersection of Honeysuckle Lane, SW and Plaza Lane; and for other purposes.

07O1490(15)               An Ordinance by Transportation Committee authorizing the installation of All-Way Stop Signs at the intersection of Fulton Terrace, SE and Pearl Street; and for other purposes.

07O1491(16)               An Ordinance by Transportation Committee authorizing the installation of All-Way Stop Signs at the intersection of Myrtle Street, NE and Ninth Street; and for other purposes.

07O1492(17)               An Ordinance by Transportation Committee authorizing the installation of All-Way Stop Signs at the intersection of Park Avenue, SE and Robinson Avenue; and for other purposes.

07O1493(18)               An Ordinance by Transportation Committee installing Stop Signs at certain intersections in the Benteen Park Subdivision in the City of Atlanta; and for other purposes.

07O1494(19)               An Ordinance by Transportation Committee to create an All-Way Stop at the intersection of Fifth Street, NE and Penn Avenue, NE; and for other purposes.

07O1495(20)               An Ordinance by Transportation Committee authorizing the installation of All-Way Stop Signs at the intersection of Flora Avenue, SE and LaFrance Street, SE; and for other purposes.

07O1496(21)               An Ordinance by Transportation Committee to create an All-Way Stop at the intersection of Tigerflowers Drive, NW and Whitaker Circle; and for other purposes.

07O1498(22)               An Ordinance by Transportation Committee to create an All-Way Stop at the intersection of Norwood Avenue, NE and Dunwoody Street, NE; and for other purposes.

07O1499(23)               An Ordinance by Transportation Committee to create an All-Way Stop at the intersection of Indiana Avenue, NE and Mathews Avenue, NE; and for other purposes.

07O1500(24)               An Ordinance by Transportation Committee to create an All-Way Stop at the intersection of Burke Road, NE and Dale Drive, NE; and for other purposes.

07O1501(25)               An Ordinance by Transportation Committee to create an All-Way Stop at the intersection of Hardee Street, SE and Sanderson Street, SE; and for other purposes.

07O1503(26)               An Ordinance by Transportation Committee authorizing the installation of Two-Hour Parking, 8 a.m. to 6 p.m. signs, on the north side of 11th Street NW between Northside Drive and Howell Mill Road; to install additional “No Parking Tow-Away” parking restriction signs on the south side of the same segment of the street; and for other purposes.

07O1796(27)               An Ordinance by Councilmember Clair Muller authorizing the Mayor or her designee to make the west side of Wycliff Road, NW from 1896 to where Wycliff Road Dead-Ends “2-Hour Parking only between the hours of 9 a.m. to 5 p.m. Monday through Friday.”

07O1797(28)               An Ordinance by Councilmember Clair Muller authorizing the Mayor to execute an Amendment to FC-6040-94, Airport Retail Concessions with Host/National Concessions Management, LLC (“Host/NCM”), to be effective as of September 1, 2007 through January 31, 2008, for the purpose of increasing the Percentage Rental Fee to be paid by Host/NCM; authorizing Host/NCM to provide, and the City to accept Airport Retail Concessions at Hartsfield-Jackson Atlanta International Airport under the terms set forth in Contract FC-6040-94, as amended, beginning September 1, 2007 and continuing until the City procures and executes a new agreement for Airport Retail Concessions, but not to extend beyond January 31, 2008; authorizing the City to waive the Competitive Source Selection requirements contained in Sections 2-1187, 2-1188 and 2-1189 of Article X, Procurement and Real Estate Code, as well as any other conflicting provisions of the City of Atlanta Code of Ordinances; and for other purposes.

07O1798(29)               An Ordinance by Councilmember Clair Muller authorizing Business Traveler Services, Inc. to provide, and the City to accept, Airport Business Services at Hartsfield-Jackson Atlanta International Airport under the terms set forth in Contract FC-6215-95, beginning September 1, 2007 and continuing until the City procures and executes a new agreement for Airport Business Services, but not to extend beyond January 31, 2008; authorizing the City to waive the Competitive Source Selection requirements contained in Sections 2-1187, 2-1188 and 2-1189 of Article X, Procurement and Real Estate Code, as well as any other conflicting provisions of the City of Atlanta Code of Ordinances; and for other purposes.

07O1799(30)               An Ordinance by Councilmember Clair Muller authorizing the Mayor to execute an Amendment to FC-6039-94, Airport Retail Concessions, with Hartsfield Air Ventures, JV (“HAV”), to be effective as of September 1, 2007 through January 31, 2008, for the purpose of increasing the Percentage Rental Fee and decreasing the Minimum Annual Guarantee to be paid by HAV; authorizing HAV to provide, and the City to accept Airport Retail Concessions at Hartsfield-Jackson Atlanta International Airport under the terms set forth in

Contract FC-6039-94, as amended, beginning September 1, 2007 and continuing until the City procures and executes a new agreement for Airport Retail Concessions, but not to extend beyond January 31, 2008; authorizing the City to waive the Competitive Source Selection requirements contained in Sections 2-1187, 2-1188 and 2-1189 of Article X, Procurement and Real Estate Code, as well as any other conflicting provisions of the City of Atlanta Code of Ordinances; and for other purposes.

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR

07O0935(31)               A Substitute Ordinance by Community Development/Human Resources Committee to adopt the City of Atlanta’s 2007 Official Neighborhood Boundary Map; and for other purposes.

RESOLUTIONS

FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR

07R1677( 1)                A Resolution by Finance/Executive Committee authorizing the Chief Financial Officer to issue a refund to Urban Residential Finance Authority in the amount of $10,877.79 for loan servicing payments paid in error to the City of Atlanta; all funds shall be charged to and paid from Fund, Account and Center Number 1B01 (Community Development Block Grant) 529010 (Refunds) J53X0210A270 (Grant Reimbursements, Refunds, and Other Receipts); and for other purposes.

07R1678( 2)                A Substitute Resolution by Finance/Executive Committee authorizing the Mayor or her designee to enter into a Cooperative Purchasing Agreement pursuant to Section 2-1601 et seq. of the City of Atlanta Code of Ordinances, utilizing the State of Georgia Contract GS-35F-4984H with IBM, for the purchase of two Cores and 24GB of Memory and AIX Software, and one p550 Server with two Power 5+ Cores,

Software and Maintenance for Courtview Servers, on behalf of the Department of Information Technology, in an amount not to exceed $63,162.42; all contracted work shall be charged to and paid from Fund, Account and Center Numbers: 1A01 (General Fund) 521105 (Supplies, Non-Consumable) E25001 (IT Infrastructure) ($47,158.52); 1A01 (General Fund) 523001 (Service/Repair/Maintenance) E22001 (IT Applications) ($16,003.90); and other purposes.

07R1679( 3)                A Resolution by Finance/Executive Committee authorizing the Mayor to enter into an Agreement with Unisource utilizing the State of Georgia Contract SWC60748 for the purchase of furniture on behalf of the Department of Watershed Management Safety and Security Division in an amount not to exceed $91,498.83; all contracted work shall be charged to and paid from Fund, Account and Center Number: 2J01 (Water and Wastewater Revenue Fund) 521105 (Supplies, Non-Consumable) Q12001 (Watershed Security); and for other purposes.

07R1680( 4)                A Resolution by Finance/Executive Committee authorizing the Mayor or her designee to enter into a Cooperative Purchasing Agreement pursuant to Section 2-1601 et seq. of the City of Atlanta Code of Ordinances, utilizing the State of Georgia Contract S-GTA00008 with Dell Software and Peripherals, for a three-year Microsoft Enterprise Licensing Agreement, on behalf of the Department of Information Technology, in an amount not to exceed $686,105.08 per year; all contracted work shall be charged to and paid from Fund, Account and Center Number: 1A01 (General Fund) 523001 (Service, Repair and Maintenance) E22001 (IT Applications); and for other purposes.

07R1682( 5)                A Substitute Resolution by Finance/Executive Committee authorizing the Mayor to execute Renewal Agreement No. 1 for FC-7669-04 for Citywide Vending and Concession Services with A-Action Janitorial & Vending Service, Inc., on behalf of the Office of General Services.  The contract will be revenue generating and such revenues shall be deposited into Fund, Account and Center Numbers: Department of Aviation, 2H01 469101 B00001 (Recover Erroneous Payments-Revenue); Office of General Services 1A01 462311

B00001 (General Fund, Food, Drink, & Notions); Department of Corrections 3P02 461007 I11W02BXQNA0 (Vending Machine Proceeds-Employee Rewards); Department of Fire 3P02 461007 W11T130899999 (Vending Machine Proceeds-Fire Headquarters Vending Machines); Department of Parks, Recreation and Cultural Affairs, Bureau of Parks, 3P02 46101 N24X219QNAO (Employee Incentive Program); Bureau of Recreation, 3P02 462311 N31W02CP9999 (Food, Drink and Notions-Recreation Activities); Bureau of Cultural Affairs 3P02 461101 N41X06202QNAO (Cultural Affairs-General); Department of Police, (SunTrust Bank); Bureau of Motor Transport, (Atlanta City Employees Credit Union); Department of Public Works, 3P02 461007 M32T13019999 (Vending Machine Proceeds-Chester Avenue); 3P02 461007 M32T13029999 (Vending Machine Proceeds-Claire Drive); 3P02 461007 M32T13049999 (Vending Machine Proceeds-Maddox Park); 3P02 461007 M32T1309999 (Vending Machine Proceeds-Liddell); Department of Watershed Management 3P02 461007 Q38T13039999 (Vending Machine Proceeds-Englewood); 3P02 461007 Q32T13059999 (Vending Machine Proceeds-R. M. Clayton); 3P02 461007 Q32T13079999 (Vending Machine Proceeds-Utoy Creek); 3P02 461007 Q61T13119999 (Vending Machine Proceeds-Drinking Water); and for other purposes.

07R1683( 6)                A Resolution by Finance/Executive Committee authorizing the Mayor to enter into a Contractual Agreement, on behalf of the Department of Parks, Recreation and Cultural Affairs, with Independent Officials Association, for FC-3007000027 for the purpose of providing Seasonal Umpire and Referee Services for Youth Athletics, pursuant to § 2-1191.1 (Special Procurement) of Article X, Procurement and Real Estate Code of the City of Atlanta, Georgia in an amount not to exceed $219,780.00.  All contracted work shall be charged to and paid from Fund, Account and Center Number: 1A01 (General Fund) 524001 (Consultant Professional Services) N31101 (Recreation Administration); and for other purposes.

07R1805( 7)                A Resolution by Finance/Executive Committee authorizing

***                              the Mayor or her designee to execute an amendment to the Agreement between the City of Atlanta and IVS Consulting, Inc., for specialized staffing for the implementation of the Enterprise Resource Planning Project, on behalf of the Department of Finance, in an amount not to exceed $81,500.00 to be charged to and paid from Fund, Account and Center Number: 1C51 (Capital Finance Fund) 524001 (Consultant/Professional Services) T33401 (ERP Project); and for other purposes.

07R1806( 8)                A Resolution by Finance/Executive Committee authorizing

***                              the Mayor to enter into an appropriate Contractual Agreement with Maximus, Inc., for FC-6007000018, Indirect Cost Allocation, on behalf of the Department of Finance, in an amount not to exceed $257,000.00; all contracted work shall be charged to and paid from Fund, Account and Center Number: 1A01 (General Fund) 524001 (Consultant/Prof. Services) J81401 (General Accounting); and for other purposes.

07R1809( 9)                A Resolution by Finance/Executive Committee authorizing

***                              the City Auditor to enter into an appropriate Contractual Agreement with KPMG for the provision of Independent Quality Assurance Services for the Enterprise Resource Planning Program on behalf of the City Auditor’s Office, in an amount not to exceed $604,000.00; all contracted work shall be charged to and paid from Fund, Account and Center Number: 1C51 (Capital Finance Fund) 524001 (Consultant/Professional Services) T33401 (Enterprise Resource Planning Project); and for other purposes.

CITY UTILITIES COMMITTEE - CARLA SMITH, CHAIR

07R1664(10)               A Resolution by City Utilities Committee authorizing the Mayor or her designee to enter into Amendment Agreement No. 11 with Precision 2000, Inc., for FC-7573-03C, for Sidewalks, Driveways and Curbs, to include Intersection Improvement Projects, on behalf of the Department of Public Works, in an amount not to exceed $60,005.44.  All contracted work shall be charged to and paid from Various Funds, Accounts and Center Numbers; and for other purposes.

07R1665(11)               A Resolution by City Utilities Committee authorizing the Mayor or her designee to enter into Amendment Agreement No. 3 with SD&C, Inc., for FC-3005007883B, for Sidewalks, Driveways and Curbs, to expand the Scope of Services for Sidewalk Construction for the Bohler Road, Overbrook Drive and Channing Drive Projects, on behalf of the Department of Public Works, in an amount not to exceed $84,860.00.  All contracted work shall be charged to and paid from Fund, Account and Center Number:  3P02 (Trust Fund) 574001 (Fac. other than Buildings) M22F05919999 (Howell Mill Rd-Chattahoochee); and for other purposes.

07R1666(12)               A Resolution by City Utilities Committee authorizing the Mayor or her designee, on behalf of the Department of Public Works, to enter into an Intergovernmental Agreement with Georgia Department of Transportation, for the purpose of funding Intersection Loop Detector Installation at multiple locations within the City of Atlanta, in the amount of $800,000.00; and for other purposes.

07R1667(13)               An Amended Resolution by City Utilities Committee authorizing the Mayor to execute Renewal Agreement No. 2 with Player and Company, for FC-6004007826, Annual Contract for Major Mechanical Repairs, on behalf of the Bureau of Drinking Water, in an amount not to exceed $700,000.00; all contracted work will be charged to and paid from Fund, Account and Number: 2J01 (Water & Wastewater Revenue Fund) 523001 (Service/Repair/Maintenance Contract) Q64001 (Drinking Water Facility Maintenance); and for other purposes.

07R1668(14)               A Resolution by City Utilities Committee authorizing the Mayor to enter into an Agreement with Campbell Roofing and Construction, for FC-3006008002, Annual Contract for Roof Repairs and Replacement, on behalf of the Department of Watershed Management, in an amount not to exceed $2,225,477.00; all contracted work will be charged to and paid from Various Fund, Account and Center Numbers; and for other purposes.

07R1669(15)               A Resolution by City Utilities Committee authorizing the Mayor to execute Renewal Agreement No. 2 with Player and Company, for FC-6004007825, Annual Contract for Major Electrical Repairs, on behalf of the Bureau of Drinking Water, in an amount not to exceed $500,000.00; all contracted work will be charged to and paid from Fund, Account and Number: 2J01 (Water & Wastewater Revenue Fund) 523001 (Service/Repair/Maintenance Contract) Q64001 (Drinking Water Facility Maintenance); and for other purposes.

07R1670(16)               A Resolution by City Utilities Committee authorizing the Mayor to enter into an Agreement with Alberici Constructors/Willis Professional, for FC-3007000012, South River WRC Headworks Improvements, on behalf of the Department of Watershed Management, in an amount not to exceed $4,840,000.00; all contracted work will be charged to and paid from Fund, Account and Center Number:  2J28 (2004 Water & Wastewater Bond Fund) 574001 (Facilities other than Buildings) Q35I08149999 (South River Upgrade-Headworks); and for other purposes.

07R1671(17)               A Resolution by City Utilities Committee authorizing the Mayor to execute Renewal Agreement for FC-7705-04, Cooperative Purchasing Agreement for Technical Expertise & Research to optimize the City of Atlanta’s Management Infrastructure, with the Georgia Tech Research Corporation through the Georgia Institute of Technology, pursuant to Section 2-1601, et seq., of the City of Atlanta Procurement and Real Estate Code, on behalf of the Department of Watershed Management; and for other purposes.

07R1701(18)               A Resolution by City Utilities Committee authorizing the Mayor to issue a Notice-of-Proceed to Shaw Environmental, Inc./AIM, PLC, for FC-7619-03F, Citywide Annual Contract for Architectural and Engineering Services, Combined Sewer Overflow (CSO) Monitoring, Sampling and Reporting on behalf of the Department of Watershed Management, in an amount not to exceed $311,980.00; all contracted work will be charged to and paid from Fund, Account and Center Number:  2J01 (Water & Wastewater Revenue Fund) 523001 (Sewer/Repair/Maintenance Contract) Q31001 (Watershed Security); and for other purposes.

07R1702(19)               A Resolution by City Utilities Committee authorizing the Mayor to issue a Notice-to-Proceed to Atlanta Services Group, for FC-7619-03B, Citywide Annual Contract for Architectural and Engineering Services, for Emergency Staffing and Transition Training at Watershed Biosolids Facilities on behalf of the Department of Watershed Management, in an amount not to exceed $2,000,000.08; all contracted work will be charged to and paid from Fund, Account and Center Number:  2J01 (Water & Wastewater Revenue Fund) 524001 (Consultant/Professional Services) Q30002 (Biosolids Treatment and Collections); and for other purposes.

07R1793(20)               A Resolution by Councilmember Carla Smith as substituted by City Utilities Committee authorizing payment of stipulated penalties imposed by the Environmental Protection Agency (EPA) and the Environmental Protection Division of the Department of Natural Resources of the State of Georgia (EPD) in the amount of $2,000.00 as stipulated penalties for the violation of CSO Fecal Coliform Operational Standards at the Custer Avenue CSO on June 28, 2007 pursuant to the CSO Consent Decree, Civil Action File No. 1:95-CV-2550-TWT; to identify the source of funding; and for other purposes.  

PUBLIC SAFETY AND LEGALADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

07R1687(21)               A Resolution by Public Safety and Legal Administration Committee authorizing the City Attorney to execute a final release of Liberty Mutual Insurance Company in consideration of the payment of the full amount of Surety Bond related to the Lease Agreement for Aircraft Maintenance Hangar and related facilities on Tract No. 6; and for other purposes.

07R1688(22)               A Resolution by Public Safety and Legal Administration Committee authorizing the settlement of all claims in the case of Rahul Gogate v. Vincent Amerena, United States District Court for the Northern District of Georgia, Civil Action File No. 1:02-CV-3204-CC, in the amount of $225,000.00; authorizing  said payment to be charged to and paid from Fund 1A01 (General Fund), Account Number 529017 (Property/Liquidation) and Center Number T31001 (Non-Departmental); authorizing the Chief Financial Officer to distribute the settlement amount; and for other purposes.

TRANSPORTATION COMMITTEE - CLAIR MULLER, CHAIR

07R1689(23)               A Resolution by Transportation Committee authorizing the Mayor or other appropriate City representative, to apply for, accept and execute all Grant Agreements offered to the City of Atlanta by the Transportation Security Administration (TSA) for security projects at Hartsfield-Jackson Atlanta International Airport during the Federal Fiscal Year, October 1, 2007, through September 30, 2008; and for other purposes.

07R1690(24)               A Resolution by Transportation Committee authorizing the Mayor to execute an Airport Use License Agreement with Jazz Air, LP for operations at Hartsfield-Jackson Atlanta International Airport; and for other purposes.

07R1691(25)               A Resolution by Transportation Committee authorizing the Mayor to execute an Airport Use License Agreement with American Eagle Airlines, Inc. for operations at Hartsfield-Jackson Atlanta International Airport; and for other purposes.

07R1692(26)               A Resolution by Transportation Committee authorizing the Mayor to execute an Airport Use License Agreement with Expressjet Airlines, Inc. for operations at Hartsfield-Jackson Atlanta International Airport; and for other purposes.

07R1693(27)               A Resolution by Transportation Committee authorizing the Mayor to execute an Airport Use License Agreement with Mesa Airlines, Inc. for operations at Hartsfield-Jackson Atlanta International Airport; and for other purposes.

07R1694(28)               A Substitute Resolution by Transportation Committee authorizing the Mayor or other appropriate City representative, to apply for, accept and execute all Grant Agreements offered to the City of Atlanta by the Federal Aviation Administration (FAA) for projects at Hartsfield-Jackson Atlanta International Airport during the Federal Fiscal Year, October 1, 2007, through September 30, 2008 subject to the availability of matching funds in the airport budget; and for other purposes.

07R1695(29)               A Resolution by Transportation Committee authorizing the Mayor to execute an Airport Use License Agreement with Southern Air, Inc. for operations at Hartsfield-Jackson Atlanta International Airport; and for other purposes.

07R1696(30)               A Resolution by Transportation Committee on behalf of the Department of Aviation to modify the terms of a proposed Agreement with MDG Development Group, LLC for the lease of land owned by the City of Atlanta near Hartsfield-Jackson Atlanta International Airport by adding up to an additional 2.0 acres to the leased premises; and for other purposes.

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR

07R1257(31)               A Resolution by Community Development/Human Resources Committee to authorize the Mayor to enter into a contract with SUMMECH Community Development Corporation for the rehabilitation of four affordable rental housing units in an amount not to exceed $200,000.00, to be charged to and paid from Fund, Account and Center Number 3P05 (Home Investment Trust Fund) 529002 (Service Grants) Y46P0242A3Q0 (SUMMECH Block 85 Housing HM-33); to amend the 2006 Annual Action Plan of the 2005-2009 Consolidated Plan to change the name, scope and location of HM-06-33, SUMMECH Block 85 Housing Project; and for other purposes.

07R1658(32)               A Resolution by Community Development/Human Resources Committee authorizing the Mayor to enter into a contract, on behalf of the Department of Parks, Recreation and Cultural Affairs (“City”), with Astra Group, Inc., for FC 3007000030, Swimming Pool Renovations at Various Sites, for the  purpose of providing renovations to the structures, mechanical and plumbing equipment and related items at ten (10) of the city’s outdoor swimming pools, in an amount not to exceed $5,712,419.00.  All contracted work shall be charged to and paid from Fund, Account and Center Numbers: 1C53 (2005 Park Improvement Bond Fund) 573001 (Facilities Buildings) N12D03B69999 (Swimming Pool Improvements City Wide) $4,875,731.77; 1C52 (2005 A&B G.O. Project Fund) 573001 (Facilities Buildings) N12D090892AK (Anderson Park) $595,247.23; 1C58 (2007  Bond Project Fund) 574001 (Facilities other than Buildings) N12D11B692AK (Ground and Site Improvements; City Wide) $241,440.00; and for other purposes.

07R1659(33)               A Resolution by Community Development/Human Resources Committee authorizing the Mayor to execute Renewal Agreement No. 1 for FC-6005007904, Janitorial Services, on behalf of the Department of Parks, Recreation and Cultural Affairs, with Ramsey & Ramsey Enterprise, Inc., for Janitorial Services at Rosel Fann Recreation Center, Ben Hill Recreation Center, Washington Park Natatorium and the Adamsville Recreation Center, pursuant to the terms and conditions of the Agreement authorized under Resolution 05R1139 in an amount not to exceed $127,107.12, to be charged to and paid from Fund, Account and Center Number: 1A01 (General Fund) 523001 (Service Repair and Maintenance Contract ) N31101 (Recreation Administration); and for other purposes.

07R1660 (34)              A Resolution by Community Development/Human Resources Committee authorizing the Mayor to execute a contract for FC-6006007911, Inspection Services, on behalf of the Department of Planning and Community Development, Bureau of Housing, with Morlin Home Services, LLC for the purpose of implementing the federally funded Owner Occupied Rehabilitation Program (OORP), in an amount not

to exceed $150,000.00, for a term of 12 months with one twelve (12) month renewal option at the sole discretion of the City.  All funds shall be charged to and paid from Fund, Account and Center Numbers: HOME Investment Partnership Program 3P05 529001 Y46P0907A3L0, 3P05 529002 Y46P0907A3M0, 3P05 529002 Y46P0907A3N0, 3P05 529002 Y46P0907A3P0) CDBG Housing Rehabilitation Administration 1B01 5***** Y46P0103A26A, 1B01 5***** Y46P0103A27A; and Mechanicsville Section 108 Loan Program 3P06 529002 Y47Q0273A7K0.

07R1661(35)               A Resolution by Community Development/Human Resources Committee authorizing the Mayor to execute a contract for FC-6006007914, Programmatic Services, on behalf of the Department of Planning and Community Development, Bureau of Housing, with Metropolitan Alliance of Community Development Corporations (MACDC) for the purpose of implementing the federally funded Owner Occupied Rehabilitation Program (OORP), in an amount not to exceed $520,000.00, for a term of twelve (12) months with one twelve (12) month Renewal Option at the sole discretion of the City.  All funds shall be charged to and paid from Fund, Account and Center Numbers: HOME Investment Partnership Program 3P05 529002 Y46P0907A3L0, 3P05 529002 Y46P0907A3M0, 3P05 529002 Y46P0907A3N0, 3P05 529002 Y46P0907A3P0; CDBG Housing Rehabilitation Administration 1B01 5***** Y46P0103A26A, 1B01 5***** Y46P0103A27A; and Mechanicsville Section 108 Loan Program 3P06 529002 Y47Q0273A7K0.

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

Claims with favorable recommendations:

07-R-1705 ( 1)            Claim of Patricia A. McCarthy, for property damages alleged to have been sustained when hydraulic fluid spilled on a driveway and landscaping on April 3, 2007 at 3175 Verdun Drive, NW.                                                                  $3,045.00

07-R-1706 ( 2)            Claim of Steven Hetzer, for property damages alleged to have been sustained when a water meter was replaced and water service was restored on February 7, 2007 at 310 Lincoln Street, SW.                                                                  $2,122.68

07-R-1707 ( 3)            Claim of Valerie Waters, for bodily injuries alleged to have been sustained due to stepping into an open water meter on May 9, 2007 at 1023 W. Peachtree Street, NE.                                                                                                $1,523.00

07-R-1708 ( 4)            Claim of Walter W. Bolton III, for damages alleged to have been sustained as a result of a fire hydrant leak on December 8, 2006 at the intersection of Wieuca Road and Wieuca Overlook.                                                                    $4,000.00

07-R-1709 ( 5)            Claim of Shawnita Crenshaw, through her attorney, William Holman, Esq., for damages alleged to have been sustained as a result of a vehicle accident on March 13, 2006 at 3354 Memorial Drive.                                                  $5,000.00

07-R-1710 ( 6)            Claim of Tajunanne & Stanley Howell, for damages alleged to have been sustained as a result of driving over a pothole on June 13, 2006 at the intersection of Martin Luther King, Jr. Drive and Interstate 20.                                              $1,200.00

07-R-1711 ( 7)            Claim of Carlisa Epperson, for damages alleged to have been sustained as a result of a vehicular accident on March 26, 2007 at Moreland Avenue and McLendon Avenue.                                                                                                $1,055.90

07-R-1712 ( 8)            Claim of Jerrick Langford, for damages alleged to have been sustained as a result of driving over a pothole on June 18, 2007 at the intersection of Cooper Street and Ralph David Abernathy.                                                                     $1,873.80

07-R-1713 ( 9)            Claim of Bryant R. Ladson, for damages alleged to have been sustained as a result of an automobile accident on May 26, 2007 at 1925 County Line Road, SW.       $749.56

07-R-1714 (10)           Claim of Patricia Garner, for damages alleged to have been sustained as a result of a vehicular accident on March 29, 2007 at 2361 Woodward Way.          $4,250.00

07-R-1715 (11)           Claim of The Central Buckhead Homeowners Association, Inc., for damages alleged to have been sustained during the repair of a water meter leak on March 19, 2007 at 3541 Roswell Road, NE.                                             $3,820.00

07-R-1716 (12)           Claim of Alicia Spencer-Foster, through her attorney, Michael D. Rosenbloum, for damages alleged to have been sustained as a result of an automobile accident on May 2, 2007 at 1554 McCallie Boulevard, NW.                              $4,500.00

07-R-1717 (13)           Claim of Everett Tripodis, for damages alleged to have been sustained as a result of the sale of a seized vehicle on April 15, 2004 at 1016 Howell Mill Road.    $14,500.00

07-R-1718 (14)           Claim of Gerald Kemp and Kenneth Kemp, for damages alleged to have been sustained as a result of a vehicular accident on June 30, 2006 at Joseph E. Lowery Boulevard and Oliver Street.                                                     $950.56

07-R-1719 (15)           Claim of Arre Kennedy, through his attorney, Joseph Todd, for damages alleged to have been sustained as a result of a vehicular accident on March 25, 2006 at Interstate 20 Eastbound at the Joseph E. Lowery Boulevard exit.              $12,329.08

07-R-1720 (16)           Claim of Allstate, as subrogee of Wendell Beason, for damages alleged to have been sustained as a result of a vehicular accident on December 29, 2006 at Piedmont Road and North Hills Drive.                                                               $4,614.28

07-R-1721 (17)           Claim of Allstate Insurance Company, as subrogee of Savithri Rao, for damages alleged to have been sustained as a result of a vehicle accident on December 21, 2006 at 345 Peachtree Hills Avenue.                                                     $2,265.48

07-R-1722 (18)           Claim of Allstate Insurance Company, as subrogee of Christopher McDougal, for damages alleged to have been sustained as a result of a vehicle accident on February 9, 2007 at 176 10th Street, NE.                                                    $1,345.54

07-R-1723 (19)           Claim of Nationwide Insurance Company and Victoria Insurance, as subrogee of Regina Atchison, for damages alleged to have been sustained as a result of an automobile accident on December 14, 2006 at Martin Luther King, Jr. Drive and Linkwood Road.                                                                      $9,581.48

07-R-1777 (20)           Claim of Enterprise Fleet Services, for damages alleged to have been sustained as a result of striking an unsecured construction plate on March 28, 2006 at 1189 Ponce de Leon Avenue, NE.                                                                    $3,238.62

07-R-1802 (21)           Claim of Jeanette McCarter, through her attorney, Jeff S. Klein, for vehicle damages alleged to have been sustained as a result of driving into an unsecured construction area on May 5, 2005 at Amsterdam Avenue and North Highland Avenue.                                                                                                $8,100.00

Claims with unfavorable recommendations:

07-R-1724 (22)           Claim of Bettye J. Betts, through her attorney, G. Roger Land, for damages alleged to have been sustained as a result of an incorrect appraisal of her property between 2003 and 2005 at 750 Park Avenue, Unit 29 E.

07-R-1725 (23)           Claim of Jim and Jessica McGibbon, for damages alleged to have been sustained as a result of a sewer backup on November 15 and 18, 2006 at 84 Wakefield Drive.

07-R-1726 (24)           Claim of Just in Time Expediting, Inc., through its attorney, Anthony Cheatham, for damages alleged to have been sustained as a result of an automobile accident on March 17, 2006 at Confederate Avenue near Edie Avenue.

07-R-1727 (25)           Claim of Adam Galvond, for damages alleged to have been sustained as a result of driving over an unsecured construction cut on September 22, 2006 at Tech Parkway near Ferst Drive.

07-R-1728 (26)           Claim of Kevin Turner, for damages alleged to have been sustained as a result of driving over an unsecured construction cut on September 22, 2006 at Tech Parkway near Ferst Drive.

07-R-1729 (27)           Claim of Preston Love, for damages alleged to have been sustained as a result of vandalism at 239 Garnett Street on August 7, 2007.

07-R-1730 (28)           Claim of Ed Novellas, for damages alleged to have been sustained due to a fallen tree on May 23, 2007 at 4512 River Rill Court.

07-R-1731 (29)           Claim of Della M. Anderson, for damages alleged to have been sustained as a result of a slip and fall incident on March 16, 2007 at Atlanta Civic Center at 395 Piedmont Avenue, NE.

07-R-1732 (30)           Claim of Joel Muroritz, for property damages alleged to have been sustained when a retaining wall was damaged due to sanitary and storm sewer overflows during the summer of 2004 and the summer of 2005 at 940 Austin Avenue.

07-R-1733 (31)           Claim of Atlantic Mutual, as subrogee of Keith Greenwald, for damages alleged to have been sustained during a sewer project on April 20, 2007 on Waldo Street.

07-R-1734 (32)           Claim of Phoenix Loss Control, as subrogee of Comcast, for damages alleged to have been sustained to its cable during a water meter installation on December 21, 2006 at 240 Hudson Ridge.

07-R-1735 (33)           Claim of Marilyn Gagnon, for damages alleged to have been sustained as a result of a fall on a tram on March 19, 2007 at Hartsfield-Jackson Atlanta International Airport.

07-R-1736 (34)           Claim of Harriet Wilson, for damages alleged to have been sustained as a result of a slip and fall incident on May 16, 2007 at 2828 Peachtree Road.

07-R-1737 (35)           Claim of Wayne Severns, through his attorney, Richard Neville, for damages alleged to have been sustained as a result of an automobile accident on February 7, 2007 on Northbound Georgia 400 at Pitts Road, Sandy Springs.

07-R-1738 (36)           Claim of Richard Francati, for property damages alleged to have been sustained from a sewer backup on May 12-14, 2007 at 397 Blake Avenue, SE.

07-R-1739 (37)           Claim of Angel Knight Bigger, for damages alleged to have been sustained when the City rescinded a building permit on March 2, 2007 at 3030 Northside Drive, NE.

07-R-1740 (38)           Claim of City of College Park, College Park Business and Industrial Development Authority, through their attorney, Robert L. Mack, Jr., Esq., Mack and Harris, P. C., for damages alleged to have been sustained due to the City’s refusal to satisfy the requirements of a contract on December 9, 2005 at 8700 Spine Road, Hartsfield-Jackson Atlanta International Airport.

07-R-1741 (39)           Claim of Cora Williams, through her attorney, Charles McAleer, Esq., The McAleer Law Firm, P.C., for bodily injuries alleged to have been sustained from a slip and fall incident on June 18, 2007 at 8700 Spine Road, Hartsfield-Jackson Atlanta International Airport.

07-R-1742 (40)           Claim of Brenda B. Barber, for damages alleged to have been sustained from a wrongful termination employment action on August 3, 2006 at 675 Ponce de Leon Avenue, NE.

07-R-1743 (41)           Claim of Laverne Barnes, for damages alleged to have been sustained during a sewer project between September 2006 and December 2006 at 909 Walker Avenue, SE.

07-R-1744 (42)           Claim of Elissa Rafferty, for damages alleged to have been sustained as a result of striking an open construction cut on April 15, 2007 at 620 Sherwood Road.

07-R-1745 (43)           Claim of Homer B. Jolly, for damages alleged to have been sustained as a result of a tree falling on a fence on April 17, 2007 at 699 Bolton Road, NW.

07-R-1746 (44)           Claim of Henri W. Cooley, for damages alleged to have been sustained as a result of driving over a construction cut on November 16, 2006 at 555 Whitehall Road.

07-R-1747 (45)           Claim of Jill Perkey, for damages alleged to have been sustained as a result of a sewer backup on November 15 and 18, 2006 at 80 Wakefield Drive.

07-R-1748 (46)           Claim of Dorothy Mae Kerr, for vehicular damages alleged to have been sustained from driving over a pothole on April 17, 2007 at Joseph E. Lowery Boulevard and Fair Street.

07-R-1749 (47)           Claim of Lora Cope, for bodily injuries alleged to have been sustained from tripping on a manhole on January 11, 2007 on Alabama Street, NW.

07-R-1750 (48)           Claim of Brian K. Mathis, 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 19, 2006 at 1038 West Peachtree Street.

07-R-1751 (49)           Claim of Peachtree Garden Development, Inc., through its attorney, Stuart Teague, Esq., Brockman & Teague, LLC, for damages alleged to have been sustained from a failure to obtain a building permit to build a retaining wall on January 3, 2007 at 3972 North Ivy Road.

07-R-1752 (50)           Claim of Metropolitan Home Builders, Inc. and Jian Holley, through their attorney, Valerie G. Adams, Esq., for damages alleged to have been sustained when the City failed to review revised plans to obtain a Type III Certificate of Appropriateness on September 15, 2006 for 392 Kendrick Avenue.

07-R-1753 (51)           Claim of Marcelo X. Painter, for bodily injuries alleged to have been sustained due to an automobile incident on March 11, 2007 at 8700 Spine Road, Hartsfield-Jackson Atlanta International Airport.

07-R-1754 (52)           Claim of Chris Cochran, Jamie Cochran & Charlene Wallace, through their attorney, Larry M. Dingle, Esq., for damages alleged to have been sustained from an application to rezone a specific property on April 16, 2007 at 1921 Anne Street.

07-R-1755 (53)           Claim of Baboucar John, through his attorney, Khadizeth Toure-Hernandez, Esq., for property damages alleged to have been sustained due to a police shooting incident on February 10, 2007 at 1997 Delowe Drive, SW.

07-R-1756 (54)           Claim of Abigail Trimble, through her attorney, Boyd, B. Newton, Person & Newton, LLC, for bodily injuries alleged to have been sustained from slipping on a wet substance on the floor on February 6, 2007 at 8700 Spine Road, Hartsfield-Jackson Atlanta International Airport.

07-R-1757 (55)           Claim of The Estate of Tyler Williams, through its attorney, Michael B. Ely, Clapp, Desjardines & Ely, for fatal bodily injuries alleged to have been sustained from an automobile incident on March 2, 2007 on Interstate 75 Southbound and Northside Drive exit ramp.

07-R-1758 (56)           Claim of Tiara Moore, through her attorney, Darius E. Bennett, Esq., for bodily injuries alleged to have been sustained from an automobile accident on August 7, 2006 at an unspecified place.

07-R-1759 (57)           Claim of Tameka Moore, through her attorney, Darius E. Bennett, Esq., for bodily injuries alleged to have been sustained from an automobile accident on August 7, 2006 at an unspecified place.

07-R-1760 (58)           Claim of Traci Cupp, for damages alleged to have been sustained when a water service line was broken due to a sanitary sewer main replacement on May 5, 2006 at 1082 Amsterdam Avenue, NE.

07-R-1761 (59)           Claim of City of Hapeville c/o Murray J. Weed, City Attorney, for damages alleged to have been sustained resulting from the passage of Annexation Ordinance No. 06-O-0562 (the annexation of Lot 127 and 128 of the 14th District of Fulton County) on March 6, 2006 at 55 Trinity Avenue, SW.

07-R-1762 (60)           Claim of McCaffrey Titmas, a minor, and her guardian, Sue Titmas, through their attorney, Sharon Hanlon, for damages alleged to have been sustained as a result of having been left unattended while awaiting a connecting flight on June 2, 2007 at the Hartsfield-Jackson Atlanta International Airport.

07-R-1763 (61)           Claim of Healthcare Receivable Professionals, as subrogee of Vivian Stewart, for damages alleged to have been sustained as a result of an automobile accident on June 1, 2006 at 1832 Lee Street.

07-R-1764 (62)           Claim of Robert Arkin, for damages alleged to have been sustained as a result of a road resurfacing project on December 18, 2006 at Peachtree and 7th Streets.

07-R-1765 (63)           Claim of The Estate of Earnestine Jackson,