Friday, April 20, 2007

ATLANTA CITY COUNCIL

 

ACTION/MINUTES

 

APRIL 16, 2007

 

The Atlanta City Council held its Regularly Scheduled Meeting on Monday, April 16, 2007 .  The Meeting convened at 1:11p.m. in the Council Chambers at City Hall.  The roll was called and a quorum was declared.

 

PRESIDER: The Honorable Lisa M. Borders, Council President presided.  The Honorable Carla Smith, Council President Pro Tempore presided a portion of the meeting.

 

Attendance:

 

The following (14) voting members were present at the Meeting:

 

*Arrival Time: - indicates arrival after convening roll call.

 

The Honorable Carla Smith * 1:18

The Honorable Clair Muller

The Honorable Kwanza Hall * 1:23

The Honorable Felicia A. Moore

The Honorable Ivory Lee Young, Jr.

The Honorable Jim Maddox

The Honorable Cleta Winslow

The Honorable Joyce Sheperd

The Honorable Natalyn Archibong

The Honorable Ceasar C. Mitchell

The Honorable Anne Fauver

The Honorable Mary Norwood

The Honorable Howard Shook

The Honorable H. Lamar Willis * 2:13

 

Councilmember C. T. Martin was absent.

 

INVOCATION: Chaplain Thomas E. Houston of the Atlanta Fire Department Chaplaincy Program gave the invocation.

 

PLEDGE OF ALLEGIANCE: In unison, lead by Councilmember Jim Maddox, the Council recited the Pledge of Allegiance to the flag of the United States of America .

 

REPORT OF THE JOURNAL: Mrs. Rhonda Dauphin Johnson, Municipal Clerk, certified to the Council and the Committee on Council, that the Action/Minutes of the March 19, 2007 Regular Meeting and the March 28, 2007 Special Called Meeting are true and correct.  The Minutes were FILED without objection.


 

THE ADOPTION OF THE AGENDA: The Agenda for the April 16, 2007 meeting was ADOPTED; however, was Amended to act on Ordinance 06-O-0934 early part of the meeting as requested by Chairperson Young of the Zoning Committee due to a potential conflict of interest.  The Motion then CARRIED by a roll call vote of 10 yeas; 0 nays.  Therefore, Ordinance 06-O-0934 was acted on after the Pledge of Allegiance.

 


 

 

 

 

 

 

 

 

 

 

 

COMMUNICATIONS


Council President Lisa M. Borders Presided

 

COMMUNICATIONS

 

07-C-0647 ( 1)        A Communication by Chief Procurement Officer Adam L. Smith submitting the February 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.

FILED WITHOUT OBJECTION

 

07-C-0648 ( 2)        A Communication by Mayor Shirley Franklin appointing Ms. Brenda Clarkson Turpeau to serve as a member of the Atlanta Community Coordinating Responsible Authority (ACoRA) for the City of Atlanta.  This appointment is for a term of one (1) year, scheduled to begin on the date of Council confirmation.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

 

07-C-0649 ( 3)        A Communication by Mayor Shirley Franklin re-appointing Ms. Megan Kelley to serve as a member of the Atlanta Commission on Women for the City of Atlanta.  This appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

REFERRED TO COMMITTEE ON COUNCIL WITHOUT OBJECTION

 

07-C-0651 ( 4)        A Communication by Mayor Shirley Franklin appointing Mr. Clinton Dye, III to serve as a member of the Atlanta Fulton County Recreation Authority Board of Trustees for the City of Atlanta.  This appointment is for a term of four (4) years, scheduled to begin on the date of Council confirmation.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

 

07-C-0655 ( 5)        A Communication by Mayor Shirley Franklin re-appointing Ms. Constance Barkley-Lewis to serve as a member of the Judicial Commission for the City of Atlanta . This appointment is for a term of four (4) years and does not require Council confirmation.

FILED WITHOUT OBJECTION


Council President Lisa M. Borders Presided

 

COMMUNICATIONS  (CONT’D)

 

The following items (6 – 8) were taken as a collective vote.

 

07-C-0656 ( 6)        A Communication by Mayor Shirley Franklin re-appointing Mr. Gregor Turk to serve as a member of the Public Art Advisory Committee (PAAC) in the Arts Category on behalf of the City of Atlanta.  This appointment is for a term of two (2) years and does not require Council confirmation.

FILED WITHOUT OBJECTION

 

07-C-0657 ( 7)        A Communication by Mayor Shirley Franklin re-appointing Ms. Lisa Tuttle to serve as a member of the Public Art Advisory Committee (PAAC) in the Arts Category on behalf of the City of Atlanta.  This appointment is for a term of two (2) years and does not require Council confirmation.

FILED WITHOUT OBJECTION

 

07-C-0658 ( 8)        A Communication by Mayor Shirley Franklin re-appointing Mr. Sabir Khan to serve as a member of the Public Art Advisory Committee (PAAC) in the Professional Related Fields Category on behalf of the City of Atlanta.  This appointment is for a term of two (2) years and does not require Council confirmation.

FILED WITHOUT OBJECTION

 

 

The following items (07-C-0659 and 07-C-0660) were taken as a collective vote.

 

07-C-0659 ( 9)        A Communication by Mayor Shirley Franklin re-appointing Mr. Lawrence Ashe to serve as a member of the Piedmont Park Conservancy Board for the City of Atlanta .  This appointment is for a term of one (1) year and does not require Council confirmation.

FILED WITHOUT OBJECTION

 

07-C-0660 (10)       A Communication by Mayor Shirley Franklin re-appointing Ms. Candace Smith to serve as a member of the Piedmont Park Conservancy Board for the City of Atlanta.  This appointment is for a term of one (1) year and does not require Council confirmation.

FILED WITHOUT OBJECTION

 


Council President Lisa M. Borders Presided

 

COMMUNICATIONS  (CONT’D)

 

The following items (11 – 15) were taken as a collective vote.

 

07-C-0661 (11)       A Communication by Mayor Shirley Franklin appointing Ms. Asha Jackson to serve as a Taxicabs & Vehicles for Hire Hearing Officer in the Attorney Category for the City of Atlanta.  This appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

 

07-C-0662 (12)       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 appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

 

07-C-0663 (13)       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 appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

 

07-C-0664 (14)       A Communication by Mayor Shirley Franklin re-appointing Mr. John Turner to serve as a Taxicabs & Vehicles for Hire Hearing Officer for the City of Atlanta.  This appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

 

07-C-0665 (15)       A Communication by Mayor Shirley Franklin re-appointing Mr. James T. Middlebrooks to serve as a Taxicabs & Vehicles for Hire Hearing Officer for the City of Atlanta.  This appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

 


Council President Lisa M. Borders Presided

 

COMMUNICATIONS  (CONT’D)

 

The following items (07-C-0666 and 07-C-0667) were taken as a collective vote.

 

07-C-0666 (16)       A Communication by Mayor Shirley Franklin re-appointing Mr. Kevin Curry to serve as a member of the Tree Conservation Commission in the Lay Citizen Category for the City of Atlanta.  This appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

 

07-C-0667 (17)       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 appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

 

07-C-0668 (18)       A Communication by Mayor Shirley Franklin appointing Ms. Shannon Kettering to serve as a member of the Atlanta Urban Design Commission in the Landscape Architect Category on behalf of the City of Atlanta.  This appointment is for a term of three (3) years, scheduled to begin on the date of Council confirmation.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

 

07-C-0646 (19)       A Communication to Mayor Shirley Franklin by Clerk Mark Massey to the Fulton County Board of Commissioners submitting the Fulton County Board of Commissioners’ nomination of Commissioner Emma I. Darnell to serve on the Atlanta Development Authority’s Board of Directors. 

 

                             The above communication was Filed in reference to 06-C-0650 in which the Mayor appointed Commissioner Emma I Darnell to the Atlanta Development Authority Board.

 

FILED WITHOUT OBJECTION

 


Council President Lisa M. Borders Presided

 

COMMUNICATIONS  (CONT’D)

 

Council President Lisa M. Borders entertained a Motion to act on items (20 – 23) at today’s meeting.  The Motion was made, properly Seconded, and CARRIED by a roll call vote of 12 yeas; 0 nays.  Therefore, Council acted on the following items.  A Motion was then made to Confirm items (20 – 23).  It was properly Seconded and the Motion CARRIED by a roll call vote of 12 yeas; 0 nays.

 

07-C-0650 (20)       A Communication by Mayor Shirley Franklin re-appointing Ms. Emma Darnell to serve as a member of the Atlanta Development Authority (ADA) Board of Directors in the Fulton County Board of Commissioners Category for the City of Atlanta.  This appointment is for a term of four (4) years, scheduled to begin on the date of Council confirmation.

CONFIRMED BY A ROLL CALL VOTE OF 12 YEAS; 0 NAYS

 

07-C-0652 (21)       A Communication by Mayor Shirley Franklin re-appointing the Honorable Cleta Winslow to serve as a member of the Budget Commission for the City of Atlanta .  This appointment is for a term of one (1) year, scheduled to begin on the date of Council confirmation.

CONFIRMED BY A ROLL CALL VOTE OF 12 YEAS; 0 NAYS

 

07-C-0653 (22)       A Communication by Mayor Shirley Franklin appointing the Honorable Jim Maddox to serve as a member of the Budget Commission for the City of Atlanta .  This appointment is for a term of one (1) year, scheduled to begin on the date of Council confirmation.

CONFIRMED BY A ROLL CALL VOTE OF 12 YEAS; 0 NAYS

 

07-C-0654 (23)       A Communication by Mayor Shirley Franklin re-appointing the Honorable Kwanza Hall to serve as a member of the General Employees’ Pension Fund Board of Trustees for the City of Atlanta.  This appointment is for a term of one (1) year and does not require Council confirmation.

CONFIRMED BY A ROLL CALL VOTE OF 12 YEAS; 0 NAYS

 


Council President Lisa M. Borders Presided

 

COMMUNICATIONS  (CONT’D)

 

A Motion was made to act on 07-C-0669 at today’s meeting.  It was properly Seconded and the Motion CARRIED by a roll call vote of 11 yeas; 0 nays.  Therefore, the Council acted on the item.  A Motion was then made to Confirm.  It was properly Seconded and the Motion CARRIED by a roll call vote of 13 yeas; 0 nays.

 

07-C-0669 (24)       A Communication to Members of Council by Mr. Aaron Turpeau, Chairman of the Atlanta Black Agenda Business Resource Center, Inc., submitting the name of Attorney Jeannette Forman-Cummings to serve on the Reverend Joseph E. Boone Commission, scheduled to begin on the date of Council confirmation.

                             CONFIRMED BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 


 

 

 

 

 

 

 

 

 

 

VETOED LEGISLATION

 


Council President Lisa M. Borders Presided

 

VETOED LEGISLATION

 

NONE


 

 

 

 

 

 

 

 

 

 

 

UNFINISHED BUSINESS


Council President Lisa M. Borders Presided

 

UNFINISHED BUSINESS

 

07-O-0251 ( 3)       An Ordinance by Councilmember Carla Smith as Amended by Community Development/Human Resources Committee authorizing the Mayor or her designee to place a 90-day moratorium on the implementation of the 1996 Comprehensive Development Plan (CDP) which incorporated the Atlanta On-Street Bike Plan until such time as an updated plan is presented to the Mayor and City Council; and for other purposes.

 

Councilmember Smith made a Motion to remove Ordinance 07-O-0251 from the Table.  It was properly Seconded and the Motion CARRIED by a roll call vote of 12 yeas; 0 nays.  The item was before Council.  Ms. Smith then made a Motion to File.  It was properly Seconded and the Motion CARRIED by a roll call vote of 13 yeas; 0 nays.

 

FILED AS AMENDED BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 


 

 

 

 

 

 

 

 

 

 

 

CONSENT AGENDA

SECTION I

 


Council President Lisa M. Borders Presided

 

CONSENT AGENDA

 

There was no separate discussion of the following items with the exception of items 07-R-0583, 07-R-0545, 07-R-0604 and 07-O-0452 which were removed from the Consent Agenda, and considered separately per Rules for the Conduct of Business of the Council of the City of Atlanta (As Amended), Rule XI; Order of Business, SECTION 11.2; Consent Agenda.

 

The following CONSENT AGENDA SECTION I received a Favorable Recommendation and was Adopted in accordance with Section 11.2 by the following roll call vote: 13 Yeas: Councilmembers Smith, Hall, Young, Winslow, Archibong, Fauver, Shook, Muller, Maddox, Sheperd, Mitchell, Norwood and Willis; 0 Nays.

 

SECTION I

 

ORDINANCES FOR SECOND READING

 

FINANCE/EXECUTIVE COMMITTEE

HOWARD SHOOK, CHAIR

 

07-O-0463 ( 1)       A Substitute Ordinance by Finance/Executive Committee to amend the 2007 (General Fund) Budget, Non-Departmental, by transferring appropriations in the amount of $1,282,655.23 in grant funds and $645.20 in interest, to return unspent grant funds to the Georgia Emergency Management Agency; and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-O-0464 ( 2)       A Substitute Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer to create a new Fund, Account and Center Number to receive and disburse funds donated to the Mayor’s Youth Program, in order to provide educational and employment opportunities for high school students of the Atlanta Public School System; and to transfer between funds 1B07 and 3P02 in the sum of $250,000.00; and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS


Council President Lisa M. Borders Presided

 

CONSENT AGENDA  (CONT’D)

 

SECTION I  (CONT’D)

 

ORDINANCES FOR SECOND READING   (CONT’D)

 

FINANCE/EXECUTIVE COMMITTEE  (CONT’D)

HOWARD SHOOK, CHAIR

 

07-O-0465 ( 3)       An Ordinance by Finance/Executive Committee authorizing the Mayor, on behalf of the City of Atlanta (“City”), to acquire approximately 4.0 acres of property located on Waterford Road Atlanta, Georgia, Parcel Identification Numbers 14-0240-0001-012, 14-0240-0001-013, 14-0240-0001-014, 14-0240-0001-015, 14-0240-0001-016, and 14-0240-0001-017 (“The Waterford Road Property”), from the Atlanta Fulton County Land Bank Authority (“LBA”), in exchange for the City reimbursing “LBA” to perform Quiet Title for each parcel and for the City to develop the park, in an amount not to exceed $80,000.00; for the purpose of creating a new passive park in City Council District 9; all costs shall be paid from 1C28 (General Government Capital Outlay Fund) Budget 574001 (Facilities other than Buildings) Y63F060392BG (City Wide Greenspace Program) and amending the 2007 (General Government Capital Outlay Fund) Budget, Department of Planning and Community Development by transferring between accounts the sum of $80,000.00; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-O-0466 ( 4)       A Substitute Ordinance by Finance/Executive Committee authorizing the City of Atlanta to waive the Competitive Procurement Provisions contained in Article X, Procurement and Real Estate Code, of the City of Atlanta Code of Ordinances; authorizing the Mayor to execute Amendment Agreement No. 1 with Systems & Software, Inc. for FC- 6004007863, Customer Information/Billing System (“CIS”), on behalf of the Department of Watershed Management; with no additional funding required; and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS


Council President Lisa M. Borders Presided

 

CONSENT AGENDA  (CONT’D)

 

SECTION I  (CONT’D)

 

ORDINANCES FOR SECOND READING   (CONT’D)

 

FINANCE/EXECUTIVE COMMITTEE  (CONT’D)

HOWARD SHOOK, CHAIR

 

07-O-0467 ( 5)       An Ordinance by Finance/Executive Committee authorizing the City of Atlanta to waive the Competitive Procurement Provisions contained in Article X, Procurement and Real Estate Code, of the City of Atlanta Code of Ordinances to execute Renewal Agreement No. 3 with Jordan, Jones & Goulding, Inc./Delon Hampton & Associates, Chartered Engineers/Hatch Mott-MacDonald, Inc.-JV, for FC-7488-02, Engineering Design Services for Combined Sewer Overflow (“CSO”) Storage Tunnel Facilities (West), on behalf of the Department of Watershed Management; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-O-0485 ( 6)       An Ordinance by Councilmember Kwanza Hall to transfer $10,000.00 from District 2 Councilmember Expense Account to a Trust Fund Account under the Department of Planning and Community Development for the purpose of assisting the development of an Old Fourth Ward Redevelopment Plan; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 


Council President Lisa M. Borders Presided

 

CONSENT AGENDA  (CONT’D)

 

SECTION I  (CONT’D)

 

ORDINANCES FOR SECOND READING   (CONT’D)

 

CITY UTILITIES COMMITTEE

CARLA SMITH, CHAIR

 

07-O-0451 ( 7)       An Amended Ordinance by City Utilities Committee authorizing the purchase and acquisition of permanent and temporary construction easements and the necessary rights-of-way from various property owners for the purpose of construction and roadway improvements for the Jesse Hill Bridge (Butler Street Bridge), Powers Ferry Road Bridge, Mitchell Street Bridge and Piedmont Avenue Bridge; to authorize the Mayor to negotiate with affected property owners and to use all means necessary to acquire necessary property interests up to and including condemnation proceedings; to authorize the City Attorney to institute condemnation proceedings pursuant to the Declaration of Taking Method authorized by O.C.G.A. Section 32-3-4; to authorize the waiver of Sections 2-1541(d), 2-1542 and 2-1545(d) of the Code of Ordinances; to authorize the City Attorney to use the services of outside counsel, where necessary, to handle condemnation proceedings; for other purposes.

ADOPTED AS AMENDED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-O-0452 ( 8)       An Ordinance by City Utilities Committee authorizing the Chief Financial Officer to amend the Fiscal Year 2007 (Water and Wastewater Renewal and Extension Fund) Budget, on behalf of the Department of Watershed Management, in the amount of $7,114,210.00; to transfer funds from the Reserve for Appropriation for various costs associated with the fund; and for other purposes.

 

The above item was removed from the Consent Agenda by request of Councilmember Smith.

 

SEE CITY UTILITIES COMMITTEE REPORT


Council President Lisa M. Borders Presided

 

CONSENT AGENDA  (CONT’D)

 

SECTION I  (CONT’D)

 

ORDINANCES FOR SECOND READING   (CONT’D)

 

CITY UTILITIES COMMITTEE  (CONT’D)

CARLA SMITH, CHAIR

 

07-O-0454 ( 9)       An Amended Ordinance by City Utilities Committee to abandon a portion of Bryan Avenue, SE, located between Park Avenue and the Dead-End of Bryan Avenue, lying in Land Lot 44, Council District 1, Fulton County, Georgia, consisting of approximately 0.52 acre and being more specifically described in the attached Exhibit “A”; and for other purposes.  (Public Hearing held 3/27/07 )

ADOPTED AS AMENDED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-O-0455 (10)       An Amended Ordinance by City Utilities Committee to abandon a portion of Mullins Street, SW, located between Tee Road and the Dead-End of Mullins Street, lying in Land Lot 212, Council District 2, Fulton County, Georgia, consisting of approximately 0.2098 acre and being more specifically described in the attached Exhibit “A”; and for other purposes.  (Public Hearing held 3/27/07 )

ADOPTED AS AMENDED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-O-0456 (11)       An Amended Ordinance by City Utilities Committee authorizing the purchase and acquisition of permanent and temporary construction easements and the necessary rights-of-way from various property owners for the purpose of construction and design of various unpaved streets pursuant to the City of Atlanta’s Unpaved Street Paving Program; to authorize the Mayor to negotiate with affected property owners and to use all means necessary to acquire necessary property interests up to and including condemnation proceedings; to authorize the City Attorney to institute condemnation proceedings pursuant to the Declaration of Taking Method authorized by O.C.G.A. Section 32-3-4; to authorize the waiver of Sections 2-1541(d), 2-1542 and 2-1545(d) of the Code of Ordinances; to authorize the City Attorney to use the services of outside counsel, where necessary, to handle condemnation proceedings; and for other purposes.

ADOPTED AS AMENDED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS


Council President Lisa M. Borders Presided

 

CONSENT AGENDA  (CONT’D)

 

SECTION I  (CONT’D)

 

ORDINANCES FOR SECOND READING   (CONT’D)

 

CITY UTILITIES COMMITTEE  (CONT’D)

CARLA SMITH, CHAIR

 

07-O-0457 (12)       An Amended Ordinance by City Utilities Committee authorizing the purchase and acquisition of permanent and temporary construction easements and the necessary rights-of-way from various property owners for the completion of the Simpson Road Streetscape, Greenbriar Parkway Streetscape, Headland Drive Streetscape, Barge Road Intersection Improvement, Lakewood Heights Streetscape, Perry Road Streetscape, Phase 2, Bolton Road Streetscape, Marietta Boulevard Streetscape, Cheshire Bridge Streetscape 2, North Highland Streetscape, Phase 2 and East Atlanta Village; to authorize the Mayor to negotiate with affected property owners and to use all means necessary to acquire necessary property interests up to and including condemnation proceedings; to authorize the City Attorney to institute condemnation proceedings pursuant to the Declaration of Taking Method authorized by O.C.G.A. Section 32-3-4; to authorize the waiver of Sections 2-1541(d), 2-1542 and 2-1545(d) of the Code of Ordinances; to authorize the City Attorney to use the services of outside counsel, where necessary, to handle condemnation proceedings; and for other purposes.

ADOPTED AS AMENDED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-O-0613 (13)       An Ordinance by Councilmember Jim Maddox authorizing the Mayor or her designee to waive the sidewalk requirement of Section 15-09.003 of the City of Atlanta Code of Ordinances, to provide that a certain Subdivision SD-06-40, (1571 Dodson Drive, SW applicant deposit a dollar amount ($3,900.00) equal to the value of the required sidewalk construction into a designated Trust Fund Account for District 11; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS


Council President Lisa M. Borders Presided

 

CONSENT AGENDA  (CONT’D)

 

SECTION I  (CONT’D)

 

ORDINANCES FOR SECOND READING   (CONT’D)

 

CITY UTILITIES COMMITTEE  (CONT’D)

CARLA SMITH, CHAIR

 

07-O-0617 (14)       An Ordinance by Councilmembers Carla Smith and Anne Fauver authorizing the Commissioner of Public Works, on behalf of the Mayor, to waive paragraphs (a)(1) and (4) of Section 138-60 of the Code of Ordinances of the City of Atlanta, for the issuance of a Banner Permit to the Atlanta Botanical Garden; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-O-0620 (15)       An Ordinance by Councilmembers Carla Smith , Felicia Moore , Ceasar Mitchell , Clair Muller , Mary Norwood , Anne Fauver and Ivory L. Young, Jr. as Substituted by City Utilities Committee amending the 2007 (2004 Quality of Life Bond Funds) Budget by transferring funds from and to Appropriations for the purpose of reprogramming; and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS


Council President Lisa M. Borders Presided

 

CONSENT AGENDA  (CONT’D)

 

SECTION I  (CONT’D)

 

ORDINANCES FOR SECOND READING   (CONT’D)

 

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

JIM MADDOX, CHAIR

 

07-O-0390 (16)       An Ordinance by Community Development/Human

CDP-07-01             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 1393 Ellsworth Drive, 1293, 1295, 1455 and 1429 Fairmont Avenue, 1296, 1338, 1365, 1385, 1310, 1314, 1339, 1335, 1331, 1329, 1372, 1319, 1315, 1333, 1305, 1310, 1295, 1289, 1285 English Street, 0, 1039, 1031, 1025, 991 Huff Road, 1314, 1313, 1309, 1291 Booth Avenue, 1370 Culpepper Street, and 1284, 1288, 1324, 1336, 1340, 1368, 1296, 1373, 1363 Boyd Avenue, NW, from the "Industrial" and “High Density Residential” Land Use Designations to the "Mixed-Use" Land Use Designation; and for other purposes.  (1ST Quarter CDP Amendment Public Hearing held 3/12/07 )

 

NPU-D                            Council District 9

 

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-O-0449 (17)       An Ordinance by Community Development/Human Resources Committee amending the 2007 (Community Development Fund) Budget by transferring to and from appropriations in the amount of $124,000.00 for the purpose of providing additional funds to CD-788, J. D. Sims Recreation Center Improvements Project; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-O-0516 (18)       An Ordinance by Community Development/Human

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

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS


Council President Lisa M. Borders Presided

 

CONSENT AGENDA  (CONT’D)

 

SECTION I  (CONT’D)

 

ORDINANCES FOR SECOND READING   (CONT’D)

 

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE  (CONT’D)

JIM MADDOX, CHAIR

 

07-O-0618 (19)       An Ordinance by Councilmembers Carla Smith and Natalyn Archibong amending the 2007 (Intergovernmental Grant Fund) Budget, Department of Planning and Community Development (“Department”), by adding to anticipations and appropriations, in the amount of $95,000.00, for grant funds from the Atlanta Regional Commission, for the Moreland Avenue South Livable Communities Initiative Study; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

 

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

CLETA WINSLOW, CHAIR

 

07-O-0475 (20)       An Ordinance by Public Safety and Legal Administration Committee amending the 2006 (Intergovernmental Grant Fund) Budget, Department of Police (“Department”), by adding to anticipations and appropriations, the amount of $15,572.76, for reimbursement from the United States Drug Enforcement Administration (“DEA”), for overtime worked by the Department’s Investigators, assigned to the DEA’s Drug Enforcement Task Force; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-O-0476 (21)       An Ordinance by Public Safety and Legal Administration Committee to amend the 2006-2007 (Intergovernmental Grant Fund) Budget, City of Atlanta Municipal Court, Community Court Division, by adding to anticipations and appropriations, the amount of $133,660.00, for grant funds from the Georgia Department of Human Resources, Division of Mental Health, Developmental Disabilities and Addictive Diseases (Metro Regional Office) (Contract #427-93-733-100), for the purpose of continuing Clinical Assessment Services for criminal defendants participating in Community Court; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS


Council President Lisa M. Borders Presided

 

CONSENT AGENDA  (CONT’D)

 

SECTION I  (CONT’D)

 

ORDINANCES FOR SECOND READING   (CONT’D)

 

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

 

07-O-0478 (22)       An Ordinance by Public Safety and Legal Administration Committee amending the 2006 (Intergovernmental Grant Fund) Budget, by transferring remaining funds in the amount of $15,793.19 from a U.S. Department of Justice Grant, from the Atlanta Municipal Court and Department of Parks, Recreation and Cultural Affairs, to the Atlanta Workforce Development Agency; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-O-0479 (23)       An Ordinance by Public Safety and Legal Administration Committee amending the 2006 (Intergovernmental Grant Fund) Budget, by transferring remaining funds in the amount of $4,299.05 from a U. S. Department of Justice Grant, from the Atlanta Municipal Court, to the Office of the Mayor; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

 

RESOLUTIONS

 

FINANCE/EXECUTIVE COMMITTEE

HOWARD SHOOK, CHAIR

 

07-R-0591 ( 1)        A Substitute Resolution by Finance/Executive Committee authorizing the Mayor or her designee to enter into an appropriate Contractual Agreement with ADI Financial Services, for FC-6006007918, Audit of Duplicate Payments, on behalf of the Department of Finance, at a  compensation rate of 20% of all collected duplicate payments, to be charged to and paid from Fund, Account and Center Number 1A01 (General Fund) 524001 (Consultant/Professional Services) T31001 (Unallocated Fund-Wide Expanses); and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS


Council President Lisa M. Borders Presided

 

CONSENT AGENDA  (CONT’D)

 

SECTION I  (CONT’D)

 

RESOLUTIONS  (CONT’D)

 

FINANCE/EXECUTIVE COMMITTEE  (CONT’D)

HOWARD SHOOK, CHAIR

 

07-R-0592 ( 2)        A Substitute Resolution by Finance/Executive Committee authorizing the Mayor or her designee to execute Renewal Agreement No. 3 with ING Financial Services, for FC-7339-01, Defined Contribution Plan, on behalf of the Department of Finance, in an amount not to exceed $60,000.00; all contracted work will be charged to and paid from Fund, Account and Center Number 1A01 (General Fund) 524001 (Consultant/Professional Services) T31001 (Unallocated Fund Wide Expenses); and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0593 ( 3)        A Substitute Resolution by Finance/Executive Committee authorizing the Mayor to enter into an appropriate Contractual Agreement with Motorola, Inc., for Citywide Radio Maintenance, on behalf of the Department of Information Technology, in an amount not to exceed $3,727,543.77; all contracted work shall be charged to and paid from Fund, Account and Center Number: 1A01 (General Fund) 523001 (Service/Repair/Maintenance) T51013 (City-Wide Communications Systems) ($2,683,831.52); 2H21 (Airport Renewal and Extension Fund) 523001 (Service/Repair/Maintenance) R12006 (Aviation Information Systems) ($596,407.00); 2J01 (Water and Wastewater Revenue Fund) 523001 (Service/Repair/Maintenance) Q64001 (Plant Maintenance) ($298,203.50); 2J01 (Water and Wastewater Revenue Fund) 523001(Service/Repair/Maintenance) Q31001 (Wastewater Treatment) ($149,101.75); and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS


Council President Lisa M. Borders Presided

 

CONSENT AGENDA  (CONT’D)

 

SECTION I  (CONT’D)

 

RESOLUTIONS  (CONT’D)

 

FINANCE/EXECUTIVE COMMITTEE  (CONT’D)

HOWARD SHOOK, CHAIR

 

07-R-0594 ( 4)        A Substitute Resolution by Finance/Executive Committee authorizing the Chief Procurement Officer to utilize Federal Contract for Facilities Maintenance and Management, #GS-06F-0023R, with Eaton Electrical, Inc., for Facilities Maintenance and Management, on behalf of the Department of Watershed Management, in an amount not to exceed $100,000.00. All contracted work shall be charged to and paid from Fund, Account and Center Number 2J01 (Water and Wastewater Revenue Fund) 523001 (Service/Repair/Maintenance) Q32001 (Treatment Plant – R. M. Clayton); and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0603 ( 5)        A Resolution by Finance/Executive Committee authorizing the Mayor to enter into an Agreement with Industrial Furnace Company, Inc., for FC-6007000005, Incinerator Maintenance, Repair and Replacement, on behalf of the Department of Watershed Management, in an amount not to exceed $800,000.00;  all contracted work will be charged to and paid from Fund, Account and Center Numbers: 2J21 (Water & Wastewater Renewal & Extension) 523001 (Serv/Repair/Maint. Contract) Q32001 (Treatment Plant-R.M. Clayton) ($500,000.00) and 2J21 (Water and Wastewater Renewal & Extension) 523001 (Serv/Repair/Maint. Contract) Q33001 (Treatment Plant-Utoy Creek) ($300,000.00); and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0612 ( 6)        A Resolution by Councilmembers Jim Maddox, Carla Smith , H. Lamar Willis, Ceasar C. Mitchell, Cleta Winslow, Anne Fauver, Ivory L. Young, Jr. and Clair Muller authorizing that the 2008 Budget include the creation of two Assistant Positions for the Office of the President of Council, increasing the total number from three (3) to Five (5) and to increase the corresponding Budget amount by $44,324.00; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS


Council President Lisa M. Borders Presided

 

CONSENT AGENDA  (CONT’D)

 

SECTION I  (CONT’D)

 

RESOLUTIONS  (CONT’D)

 

FINANCE/EXECUTIVE COMMITTEE  (CONT’D)

HOWARD SHOOK, CHAIR

 

07-R-0640 ( 7)        A Resolution by Finance/Executive Committee authorizing the Mayor to accept the grant of $1,500,000.00 from the Atlanta Development Authority for the acquisition and maintenance of up to six (6) Automated Public Facilities; to authorize the negotiation, execution and delivery of an Intergovernmental Agreement with the Atlanta Development Authority for the undertaking of the Public Facilities Project; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0641 ( 8)        A Resolution by Finance/Executive Committee authorizing the Mayor to execute an Agreement with Public Facilities & Services, Inc., for FC-6006007903, Automatic Public Toilets, on behalf of the Department of Public Works, in an amount not to exceed $1,500,000.00; all contracted services will be invoiced and paid by the Atlanta Development Authority for the acquisition and maintenance of the Public Facilities; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0643 ( 9)        A Resolution by Finance/Executive Committee authorizing the Mayor, on behalf of the City, to enter into an Agreement with the Southern Christian Leadership Conference, in an amount not to exceed $197,446.00, for the implementation of the Ambassadors of Peace Conflict Resolution Program; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0644 (10)       A Resolution by Finance/Executive Committee to proclaim the City of Atlanta’s formal opposition to the proposed Senate Bill 306 Entitled “The Greater Fulton Water Authority Act”; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 


Council President Lisa M. Borders Presided

 

CONSENT AGENDA  (CONT’D)

 

SECTION I  (CONT’D)

 

RESOLUTIONS  (CONT’D)

 

CITY UTILITIES COMMITTEE

CARLA SMITH, CHAIR

 

07-R-0564 (11)       A Resolution by City Utilities Committee authorizing the Mayor to execute Renewal Agreement No. 2 with Electronic Data Systems Corporation, for FC-7672-04, Amended and Restated Services Agreement for IT Services, on behalf of the Department of Watershed Management, with a reduction in scope of services, in an amount not to exceed $167,547.00; all contracted work will be charged to and paid from Fund, Account and Center Number: 2J01 (Water & Wastewater Revenue Fund) 524001 (Consultant/Professional Services) Q71201 (Technical Support); and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0565 (12)       A Resolution by City Utilities Committee authorizing the Mayor to execute Renewal Agreement No. 3 with Jordan, Jones & Goulding, Inc., FC-7425-02, Civil Engineering and Field Inspection Services, on behalf of the Department of Watershed Management; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0567 (13)       A Resolution by City Utilities Committee authorizing the Mayor to enter into a Memorandum of Understanding with Soccer In The Streets, Inc., a non-profit organization, to allow for the use of certain City of Atlanta property located in the Vine City Community for the purpose of passive recreational uses on behalf of the Department of Watershed Management; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS


Council President Lisa M. Borders Presided

 

CONSENT AGENDA  (CONT’D)

 

SECTION I  (CONT’D)

 

RESOLUTIONS  (CONT’D)

 

CITY UTILITIES COMMITTEE  (CONT’D)

CARLA SMITH, CHAIR

 

07-R-0568 (14)       A Resolution by City Utilities Committee authorizing the Mayor to enter into an Agreement with Stewart Bros., Inc., for FC-3006007977, Annual Asphaltic Concrete Pavement and Milling Resurfacing Contract, on behalf of the Department of Watershed Management, in an amount not to exceed $5,612,244.50; all contracted work will be charged to and paid from Various Fund, Account and Center Numbers; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0569 (15)       A Resolution by City Utilities Committee authorizing the Mayor to execute a Third Party Cost Sharing Agreement with JH Holdings, Inc. and 3280 Peachtree I, LLC, to construct the Sewer System in the Revitalization Area, on behalf of the Department of Watershed Management; all contracted work will be charged to and paid from Fund, Account and Center Number:  2J28 (2004 Water & Wastewater Bond Fund) 574001 (Facilities other than Buildings) Q38I02739999 (Sewer Group One Rehabilitation); and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0570 (16)       A Resolution by City Utilities Committee authorizing the Mayor to execute Renewal Agreement No. 2 with Shaheed Construction Company, Inc., for FC-6004007818, Annual Contract for Raising Manholes and Valve Covers, on behalf of the Department of Watershed Management, in an amount not to exceed $700,000.00; all contracted worked will be charged to and paid from Fund, Account and Center Number: 2J21 (Water & Wastewater Renewal & Extension ) 574001 (Facilities other than Buildings) Q65101 (Contract Inspections); and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS


Council President Lisa M. Borders Presided

 

CONSENT AGENDA  (CONT’D)

 

SECTION I  (CONT’D)

 

RESOLUTIONS  (CONT’D)

 

CITY UTILITIES COMMITTEE  (CONT’D)

CARLA SMITH, CHAIR

 

07-R-0572 (17)       An Amended Resolution by City Utilities Committee authorizing the Mayor to enter into Renewal Agreement No. 1 with Long Engineering, Inc., for FC-6005007887-C, Annual Contract for Professional Design Services for Various Quality of Life Projects (Project E: Simpson Road Streetscape Transportation Enhancements), on behalf of the Department of Public Works, in the amount of $155,118.00 and a new not to exceed amount of $400,222.00; all work will be charged to and paid from Fund, Account and Center Number: 1C50 574001 Y63F058392BH; and for other purposes.

ADOPTED AS AMENDED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0573 (18)       A Substitute Resolution by City Utilities Committee as Amended, authorizing the Mayor to enter into Renewal Agreement No. 1 with HDR Engineering, Inc., for FC-6005007887-D, Annual Contract for Professional Design Services for Various Quality of Life Projects (Projects F: Cascade Mays Streetscape Phase II Transportation Enhancements), on behalf of the Department of Public Works, in the amount of $78,900.00 and a new not to exceed amount of $597,540.00; all work will be charged to and paid from Various Fund, Account and Center Numbers; and for other purposes.

ADOPTED SUBSTITUTE AS AMENDED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0574 (19)       An Amended Resolution by City Utilities Committee authorizing the Mayor to enter into Renewal Agreement No. 1 with Pond & Company for FC-6005007887-B, Annual Contract for Professional Design Services for Various Quality of Life Projects (Project C: Bolton/Marietta a Livable Center Initiative, Project D: Bolton/Moore’s Mills Transportation Enhancement and Project G: Marietta Boulevard), on behalf of the Department of Public Works in the amount of $673,552.00; and for other purposes.

ADOPTED AS AMENDED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS


Council President Lisa M. Borders Presided

 

CONSENT AGENDA  (CONT’D)

 

SECTION I  (CONT’D)

 

RESOLUTIONS  (CONT’D)

 

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

JIM MADDOX, CHAIR

 

07-R-0578 (20)       A Substitute Resolution by Community Development/Human Resources Committee endorsing the application by Grady Multi-Family I, LP to the Georgia Department of Community Affairs for Low-Income Housing Tax Credits to construct the Oakes at Auburn Pointe I Apartment Community to be located at 322 Decatur Street, SE,  Atlanta, GA; and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0579 (21)       A Substitute Resolution by Community Development/Human Resources Committee endorsing the Application by Harris Redevelopment Partnership VI, L.P. to the Georgia Department of Community Affairs for Low-Income Housing Tax Credits, to rehabilitate John O. Chiles Annex located at 899 Park Street, Atlanta, GA; and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0580 (22)       A Substitute Resolution by Community Development/Human Resources Committee endorsing the application by Harris Redevelopment Partnership V, L.P. to the Georgia Department of Community Affairs for Low-Income Housing Tax Credits, for the new construction of Ashley CollegeTown-Phase V located at 990 Westview Drive, Atlanta, GA; and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0582 (23)       A Resolution by Community Development/Human Resources Committee authorizing the Mayor, on behalf of the City of Atlanta, to endorse by letter the Columbia Residential’s, Inc., application, to the Georgia Department of Community Affairs for Low-Income Housing Tax Credits, in order to construct the Marcus Street Senior Residences Residential Project; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS


Council President Lisa M. Borders Presided

 

CONSENT AGENDA  (CONT’D)

 

SECTION I  (CONT’D)

 

RESOLUTIONS  (CONT’D)

 

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE  (CONT’D)

JIM MADDOX, CHAIR

 

07-R-0583 (24)       A Resolution by Community Development/Human Resources Committee authorizing the Mayor, on behalf of the City of Atlanta, to endorse by letter the Columbia Residential’s, Inc., application, to the Georgia Department of Community Affairs for Low-Income Housing Tax Credits, in order to construct the Dolphin Drive Apartments Low Income Residential Project; and for other purposes.

 

The above item was removed from the Consent Agenda by request of Councilmember Maddox.

 

SEE COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE REPORT

 

07-R-0584 (25)       A Resolution by Community Development/Human Resources Committee authorizing the Mayor, on behalf of the City of Atlanta, to endorse by letter the Progressive Redevelopment’s, Inc., application, to the Georgia Department of Community Affairs for Low-Income Housing Tax Credits, in order to renovate the Welcome House Homeless Shelter; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0585 (26)       A Resolution by Community Development/Human Resources Committee authorizing the Mayor, on behalf of the City of Atlanta, to endorse by letter the Mercy Housing Southeast’s, Inc., application, to the Georgia Department of Community Affairs for Low-Income Housing Tax Credits, in order to construct the Edgewood 1 Apartments, a Multi-Family Community, to be located at 104 Hutchinson Street, NE, Atlanta, Georgia; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS


Council President Lisa M. Borders Presided

 

CONSENT AGENDA  (CONT’D)

 

SECTION I  (CONT’D)

 

RESOLUTIONS  (CONT’D)

 

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE  (CONT’D)

JIM MADDOX, CHAIR

 

07-R-0586 (27)       A Resolution by Community Development/Human Resources Committee authorizing the Mayor, on behalf of the City of Atlanta, to endorse by letter the Progressive Redevelopment’s Inc., application, to the Georgia Department of Community Affairs for Low-Income Housing Tax Credits, in order to construct the Vine City Apartments Project; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

 

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

CLETA WINSLOW, CHAIR

 

07-R-0595 (28)       A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to enter into a Lease Agreement with DeKalb County for the rental of the parking Lot Area at the DeKalb Community Service Board located at 23 Warren Street, Atlanta, Georgia 30317, for the Department of Fire and Rescue Engine Company 18, for a period of eighteen (18) months beginning May 1, 2007, at a rental rate of $1.00 per year to be charged to and paid from Fund, Account and Center Number:  1C49 (2004 G. O. Bond Project Fund) 573001 (Facilities Buildings) W11C024092AK (Fire Station 18); and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

 

TRANSPORTATION COMMITTEE

CLAIR MULLER, CHAIR

 

07-R-0597 (29)       A Resolution by Transportation Committee authorizing the Mayor to execute a Lease Agreement with Compagnie Nationale Air France covering approximately 1,532 square feet of space at Hartsfield-Jackson Atlanta International Airport, provided that any expansion of the leased premises does not exceed 2,000 additional square feet, on behalf of the Department of Aviation; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS


Council President Lisa M. Borders Presided

 

CONSENT AGENDA  (CONT’D)

 

SECTION I  (CONT’D)

 

RESOLUTIONS  (CONT’D)

 

TRANSPORTATION COMMITTEE  (CONT’D)

CLAIR MULLER, CHAIR

 

07-R-0601 (30)       A Resolution by Transportation Committee authorizing the Mayor to consent to the Assignment by Diplomat Construction, Inc. to Red Roof Inns, Inc. of a Restated Consolidated Lease Agreement covering approximately 5.324 acres of land near the Hartsfield-Jackson Atlanta International Airport; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0604 (31)       A Resolution by Transportation Committee authorizing the Mayor to execute a Severance Benefits Incentive Agreement with Benjamin R. DeCosta, Aviation General Manager until June 30, 2010; and for other purposes.

 

The above item was removed from the Consent Agenda by request of Councilmember Muller.

 

SEE TRANSPORTATION COMMITTEE REPORT

 

07-R-0605 (32)       A Resolution by Transportation Committee authorizing the Mayor to consent to the Assignment of FC-6005007972, Noise and Operations Monitoring System Service and Maintenance at Hartsfield-Jackson Atlanta International Airport from BAE Systems to ERA Corporation; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

 

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

CLETA WINSLOW, CHAIR

 

Claims with favorable recommendations:

 

07-R-0521 ( 1)        Claim of Allstate, as subrogee of Lisa Hadley, for damages alleged to have been sustained as a result of an automobile accident on May 31, 2005 at 912 Ralph David Abernathy Boulevard.                $761.98

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS


Council President Lisa M. Borders Presided

 

CONSENT AGENDA  (CONT’D)

 

SECTION I  (CONT’D)

 

RESOLUTIONS/CLAIMS  (CONT’D)

 

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

 

Claims with favorable recommendations:  (Cont’d)

 

07-R-0522 ( 2)        Claim of State Farm Insurance Companies, as subrogee of John C. Scott, for vehicular damages alleged to have been sustained from an automobile accident on September 13, 2006 at Interstate 75 SB and Terrell Mill Road.                                                                   $3,057.66

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0523 ( 3)        Claim of Progressive Insurance Companies, as surbrogee of Robert Goodman, for damages alleged to have been sustained as a result of a vehicular accident on November 21, 2006 at 1150 North Avenue.         $713,96

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0524 ( 4)        Claim of State Farm Insurance Companies, as subrogee of Michael Smith, for damages alleged to have been sustained as a result of a vehicular accident on August 25, 2005 at the intersection of Martin Luther King, Jr. Drive and Central Avenue.                                           $2,558.62

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0525 ( 5)        Claim of Mac-N-Jac, through its attorney, Henry H. Kwak, for damages alleged to have been sustained as a result of a vehicular accident on January 9, 2007 at the intersection of Peachtree Road and East Paces Ferry Road.                                                                   $1,700.31

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0526 ( 6)        Claim of GEICO Direct, as subrogee of Alessandro Salvatori, for damages alleged to have been sustained as a result of an automobile accident on November 4, 2006 at 2427 Shenandoah Avenue, NE.         $2,182.52

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS


Council President Lisa M. Borders Presided

 

CONSENT AGENDA  (CONT’D)

 

SECTION I  (CONT’D)

 

RESOLUTIONS/CLAIMS  (CONT’D)

 

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

 

Claims with favorable recommendations:  (Cont’d)

 

07-R-0527 ( 7)        Claim of State Farm Insurance Companies, as subrogee of Anne Ballance, for damages alleged to have been sustained as a result of an automobile accident on January 11, 2007 at Peachtree Road and Piedmont Road.      $3,300.80

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0528 ( 8)        Claim of Stephen Savino, for damages alleged to have been sustained as a result of driving over an unsecured construction cut on May 30, 2006 at 1222 West Marietta Street, NW, Atlanta, GA.        $4,539.83

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0529 ( 9)        Claim of Latoya C. Smith, for damages alleged to have been sustained as a result of an automobile accident on November 9, 2006 on Interstate 75/85 southbound.                                                 $2,583.80

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0530 (10)       Claim of Diyawn R. Jackson, through her attorney, William F. Heitmann, III, for damages alleged to have been sustained as a result of an automobile accident on August 11, 2006 at Moreland Avenue, SE and Portland Avenue, SE.                                                                   $4,870.00

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0531 (11)       Claim of Luke B. Irwin and Jennifer A. Irwin, for vehicular damages alleged to have been sustained from an automobile accident on December 18, 2006 at 3120 Maple Drive.                                        $1,051.72

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS


Council President Lisa M. Borders Presided

 

CONSENT AGENDA  (CONT’D)

 

SECTION I  (CONT’D)

 

RESOLUTIONS/CLAIMS  (CONT’D)

 

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

 

Claims with favorable recommendations:  (Cont’d)

 

07-R-0532 (12)       Claim of Mark Whitworth, for damages alleged to have been sustained as a result of a vehicular accident on October 27, 2006 at Piedmont Avenue and East Morningside Drive.                                       $787.38

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0533 (13)       Claim of Teresa Kemp, through her attorney, Isaac O. Babalola, Esq., for bodily injuries alleged to have been sustained from an automobile accident on November 1, 2006 at Forsyth Street and Garnett Street.  $9,000.00

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0534 (14)       Claim of Kevin Pickett, for damages alleged to have been sustained as a result of walking into an uncovered water meter box on April 15, 2006 at 64 Little Street.                                                         $750.00

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0535 (15)       Claim of Sykithia North, through her attorney, Timothy W. Storm, ($6,686.11) and Georgia Department of Community Health ($556.80) for damages alleged to have been sustained as a result of an automobile accident on October 5, 2005 at Boulder Park Drive, SW and Brownlee Road, SW.                                                                   $7,242.91

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0536 (16)       Claim of Rickey Watts, through his attorney, Isaac O. Babalola, Esq., for bodily injuries alleged to have been sustained from an automobile accident on November 1, 2006 at Forsyth Street and Garnett Street.  $6,000.00

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 


Council President Lisa M. Borders Presided

 

CONSENT AGENDA  (CONT’D)

 

SECTION I  (CONT’D)

 

RESOLUTIONS/CLAIMS  (CONT’D)

 

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

 

Claims with unfavorable recommendations:

 

07-R-0537 (17)       Claim of Sedgwick CMS, as subrogee of Brenda Anthony, for damages alleged to have been sustained as a result of personal injuries on September 11, 2006 at the Hartsfield-Jackson Atlanta International Airport.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0538 (18)       Claim of State Farm Insurance Companies, as subrogee of Meisha Lukerson, for damages alleged to have been sustained as a result of an automobile accident on September 28, 2006 at 1591 Lakewood Avenue.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0539 (19)       Claim of Katherine Lee, for damages alleged to have been sustained as a result of a rock thrown by a dump truck on January 30, 2007 at Interstate 285 East near the Bouldercrest exit.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0540 (20)       Claim of Ingenix, as subrogee of Wendy Moore, for damages alleged to have been sustained as a result of personal injuries on June 17, 2006 at the Hartsfield-Jackson Atlanta International Airport.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0541 (21)       Claim of Carol Manley, for damages alleged to have been sustained as a result of responding to an emergency call on November 11, 2006 at 330 Macedonia Road, SE.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS


Council President Lisa M. Borders Presided

 

CONSENT AGENDA  (CONT’D)

 

SECTION I  (CONT’D)

 

RESOLUTIONS/CLAIMS  (CONT’D)

 

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

 

Claims with unfavorable recommendations:  (Cont’d)

 

07-R-0542 (22)       Claim of Larether Colbert, for damages alleged to have been sustained as a result of driving over a spray can of paint on July 24, 2006 on Northside Drive near Magnolia Street.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0543 (23)       Claim of James M. Weaver, Jr., for damages alleged to have been sustained as a result of striking metal plates on January 26, 2007 at 2440 Peachtree Road, NE.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0544 (24)       Claim of Kristy Gillmann, for damages alleged to have been sustained as a result of a water main break during the installation of a sidewalk on June 2, 2006 at 2325 Hurst Drive, NE.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0545 (25)       Claim of Nancy Montgomery, for damages alleged to have been sustained as a result of a water main break during the installation of a sidewalk on June 6, 2006 at 2340 Hurst Drive, NE.

 

The above item was removed from the Consent Agenda by request of Councilmember Shook.

 

SEE PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE REPORT

 

07-R-0546 (26)       Claim of Alfred and Ann Cronin, for damages alleged to have been sustained as a result of an automobile accident on January 3, 2007 at the intersection of McClendon Avenue, NE and Oakdale Road, NE.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS


Council President Lisa M. Borders Presided

 

CONSENT AGENDA  (CONT’D)

 

SECTION I  (CONT’D)

 

RESOLUTIONS/CLAIMS  (CONT’D)

 

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

 

Claims with unfavorable recommendations:  (Cont’d)

 

07-R-0547 (27)       Claim of Debra Cartledge, for damages alleged to have been sustained as a result of striking metal plates on January 28, 2007 at 2440 Peachtree Road, NE.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0548 (28)       Claim of Grant C. Becker, for damages alleged to have been sustained as a result of striking a metal plate on November 29, 2006 on West Peachtree Street, NW.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0549 (29)       Claim of Francis A. McDonough, for damages alleged to have been sustained as a result of a slip and fall incident on September 7, 2006 at 1861 Peachtree Road.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0550 (30)       Claim of Terrence Smith, Sr., for damages alleged to have been sustained as a result of an arrest on October 12, 2005 at Atlanta Municipal Court, 150 Garnett Street.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0551 (31)       Claim of Robert Patman, for damages alleged to have been sustained as a result of his trash can being destroyed in June 2006 at 740 Tara Circle, SE.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0552 (32)       Claim of Robin Davis, for damages alleged to have been sustained as a result of a water main break on October 25, 2005 at 665 Cooledge Avenue.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS


Council President Lisa M. Borders Presided

 

CONSENT AGENDA  (CONT’D)

 

SECTION I  (CONT’D)

 

RESOLUTIONS/CLAIMS  (CONT’D)

 

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

 

Claims with unfavorable recommendations:  (Cont’d)

 

07-R-0553 (33)       Claim of Janice Handspike, for damages alleged to have been sustained as a result of an automobile incident on November 4, 2006 at or near 2035 Martin Luther King, Jr. Drive.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0554 (34)       Claim of Liberty Mutual Fire Insurance Company, as subrogee of Karen Talbot, for unspecified damages allegedly sustained on April 22, 2006 at Oakdale Street.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0555 (35)       Claim of Judith Lind, for damages alleged to have been sustained as a result of a sewer backup on January 18, 2006 at 3242 Peachtree Road.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0556 (36)       Claim of Ray Mason, for damages alleged to have been sustained as a result of driving over a low water valve on December 5, 2004 at the intersection of West Peachtree and Linden Avenue.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0557 (37)       Claim of Edward J. Guida, for damages alleged to have been sustained as a result of driving over a log on February 27, 2004 at 1189 Henrico Road (Live Oak Landfill).

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0558 (38)       Claim of MARTA, Office of Risk Management, for damages alleged to have been sustained as a result of a vehicle accident on August 11, 2006 at 2410 Piedmont Road, NE.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS


Council President Lisa M. Borders Presided

 

CONSENT AGENDA  (CONT’D)

 

SECTION I  (CONT’D)

 

RESOLUTIONS/CLAIMS  (CONT’D)

 

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

 

Claims with unfavorable recommendations:  (Cont’d)

 

07-R-0559 (39)       Claim of Robert T. Parker, IV, for damages alleged to have been sustained as a result of driving over a collapsed storm sewer grate on August 25, 2006 at 750 Ponce de Leon Place, NE.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-R-0560 (40)       Claim of Joanne Lovett, for damages alleged to have been sustained as a result of a vehicular incident on August 14, 2006 at 245 Wynnwood Drive.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS


 

 

 

 

 

 

 

 

 

 

 

 

CONSENT AGENDA

SECTION II


Council President Lisa M. Borders Presided

 

CONSENT AGENDA

 

SECTION II

 

ORDINANCES FOR FIRST READING

 

FINANCE/EXECUTIVE COMMITTEE

HOWARD SHOOK, CHAIR

 

The following items (1 – 9) were taken as a collective vote.

 

07-O-0587 ( 1)       An Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer to pay all outstanding invoices to Atlanta Victim Assistance, Inc., formerly known as Victim Witness Assistance Program, Inc., for Consultation and Support Services to victims and witnesses of crime, on behalf of the City of Atlanta, in an amount not to exceed $108,371.93 for services provided through February 2007, to be charged to and paid from Fund, Account and Center Number: 3P02 (Trust Fund) 561001 (Payments to other Governments) T31Y04069997 (Victim & Witness Penalty, TC); and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-O-0588 ( 2)       An Ordinance by Finance/Executive Committee authorizing the City of Atlanta to waive the Competitive Procurement Provisions contained in Article X, Procurement and Real Estate Code, of the City of Atlanta Code of Ordinances, to execute Renewal Agreement No. 1 with Banks, Finley, White & Company, for FC-6005007976, Annual Contract for the City of Atlanta Audit of Financial Statements, on behalf of the Department of Finance; with no additional funding required; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS


Council President Lisa M. Borders Presided

 

CONSENT AGENDA  (CONT’D)

 

SECTION II  (CONT’D)

 

ORDINANCES FOR FIRST READING   (CONT’D)

 

FINANCE/EXECUTIVE COMMITTEE  (CONT’D)

HOWARD SHOOK, CHAIR

 

07-O-0589 ( 3)       An Ordinance by Finance/Executive Committee authorizing the City of Atlanta to waive the Competitive Procurement Provisions contained in Article X, Procurement and Real Estate Code, of the City of Atlanta Code of Ordinances, on a month-to-month basis to obtain continued services for the City of Atlanta under an expired contract with Atlanta Victim Assistance, Inc., formerly known as Victim Witness Assistance Program, Inc., for Consultant and Support Services to victims and witnesses of crime, in an amount not to exceed $26,000.00 per month; all contracted work to be charged to and paid from Fund, Account and Center Number 3P01 (Agency Fund) 264017 (Muni Court VW Asst Prg (MCVW)) A00001 (Balance Sheet Center); and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-O-0590 ( 4)       An Ordinance by Finance/Executive Committee authorizing the City of Atlanta to waive the Competitive Procurement Provisions contained in Article X, Procurement and Real Estate Code, of the City of Atlanta Code of Ordinances; authorizing the Mayor to execute Renewal Agreement No. 2 with ATC Associates, Inc./Corporate Environmental Risk Management, JV, for FC-7449-02A, Citywide Annual Contract for Geotechnical and Environmental Engineering, Testing and Investigation Services for the Sanitary Sewer Rehabilitation Program, on behalf of the Departments of Aviation, Public Works, Watershed Management, Parks, Recreation and Cultural Affairs and General Services; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 


Council President Lisa M. Borders Presided

 

CONSENT AGENDA  (CONT’D)

 

SECTION II  (CONT’D)

 

ORDINANCES FOR FIRST READING   (CONT’D)

 

CITY UTILITIES COMMITTEE

CARLA SMITH, CHAIR

 

07-O-0561 ( 5)       An Ordinance by City Utilities Committee amending the 2007 (Intergovernmental Grant Fund) Budget, Department of Public Works (“DPW”), by adding funds, to anticipations and appropriations, in the amount of $327,576.00 from the Department of Public Works, for the purpose of funding the Hollywood Road Sidewalk Improvement Project; and for other purposes.

REFERRED TO CITY UTILITIES COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-O-0562 ( 6)       An Ordinance by City Utilities Committee amending  the 2007 (Intergovernmental Grant Fund) Budget, by transferring appropriations from Pryor Road Trail Project to the Metropolitan Parkway Project to fund the construction of the Metropolitan Parkway Streetscape Project, on behalf of the Department of Public Works; and for other purposes.

REFERRED TO CITY UTILITIES COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

 

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

JIM MADDOX, CHAIR

 

07-O-0577 ( 7)       An Ordinance by Community Development/Human Resources Committee amending the 2006 Annual Action Plan by changing the project location and scope of work for HM-32, Beacon of Hope Apartments; and for other purposes.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS


Council President Lisa M. Borders Presided

 

CONSENT AGENDA  (CONT’D)

 

SECTION II  (CONT’D)

 

ORDINANCES FOR FIRST READING   (CONT’D)

 

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE  (CONT’D)

JIM MADDOX, CHAIR

 

07-O-0596 ( 8)       An Ordinance by Community Development/Human Resources Committee to amend Article III, Section 31 (b), (c) and (d) of the Atlanta Housing Code to increase the number of members on the In Rem Review Board, and to increase the amount of compensation received by each member of the In Rem Review Board from $25.00 to $75.00 per meeting; the increase in compensation shall be charged to and paid from Fund, Account and Center 1A01 (General Fund) 512001 (Comp., Board Members) Y41001 (Director of Code Compliance); and for other purposes.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

 

TRANSPORTATION COMMITTEE

CLAIR MULLER, CHAIR

 

07-O-0563 ( 9)       An Ordinance by Transportation Committee authorizing the Mayor to install a traffic signal at the intersection of Boulder Park Drive and Martin Luther King, Jr. Drive; and for other purposes.

REFERRED TO TRANSPORTATION COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS


 

 

 

 

 

 

 

 

 

COMMITTEE REPORTS


Council President Pro Tempore Carla Smith Presided

 

COMMITTEE REPORTS

 

ZONING COMMITTEE  (1)

IVORY L. YOUNG, JR., CHAIR

 

Attendance at the March 28, 2007 meeting of the Zoning Committee was as follows:

 

Present:       Councilmembers Young (Chair), Shook, Smith, Fauver and Sheperd

 

Absent:        Councilmembers Archibong and Martin

 

ORDINANCES FOR SECOND READING

 

The following items (1 – 3) were taken as a collective vote.

 

07-O-0263 ( 1)       An Ordinance by Zoning Committee to rezone from the

Z-07-03                 SPI-11 Subarea 7 (Vine City and Ashby Station Special Public Interest) District to SPI-11 Subarea 9 (Vine City and Ashby Station Special Public Interest) District, property located at 217, 227, 231, 235, 243, 257, 261, 267,279, 289, 293 Elm Street, N.W., 641 Spencer Street and 641 Thurmond Street, N.W., fronting approximately 849 feet on the east side of Elm Street, approximately 200 feet on the north side of Spencer Street, approximately 268 feet on the west side of Vine Street.  Depth: varies; Area: approximately 4.15 acres; Land Lot 110, 14th District, Fulton County , Georgia .  Owner: Elm Street , LLC; Applicant: Brock Built, LLC; NPU-L  Council District 3.

ADOPTED BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

 

07-O-0267 ( 2)       An Ordinance by Zoning Committee to rezone from the

Z-07-07                 R4A (Single Family Residential) District to the MR2 (Multifamily Residential) District, property located at 2612 and 2622 Peyton Road, NW., fronting approximately 210 feet on the south side of Peyton Road and approximately 100 feet on the west side of Grandview Avenue.   Property is located at the southwest corner of the intersection of Peyton Road and Grandview Avenue .  Depth: varies; Area: approximately 0.220 acres; Land Lot 252; 17th District, Fulton County , Georgia .  Owner: Alliance Real Estate Ventures, LLC/Rod Batiste; Applicant Alliance Real Estate Ventures, LLC; NPU-D  Council District 9.

ADOPTED BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS


Council President Pro Tempore Carla Smith Presided

 

COMMITTEE REPORTS  (CONT’D)

 

ZONING COMMITTEE  (2)

IVORY L. YOUNG, JR., CHAIR

 

ORDINANCES FOR SECOND READING   (CONT’D)

 

07-O-0268 ( 3)       An Ordinance by Zoning Committee to rezone from the

Z-07-08                 R4A (Single Family Residential) District to the LW (Live Work) District, property located at 1901, 1907, 1909 and 1913 Hollywood Road, N.W., fronting approximately 200 feet on the east side of Hollywood Road and at the intersection of Burtz Street and Hollywood Road.  Depth: varies; Area: approximately 0.644 acres; Land Lot 252; 17th District, Fulton County , Georgia .  Owner: Rod Batiste; Applicant Rod Batiste; NPU-D  Council District 9.

ADOPTED BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

 

06-O-2304 ( 4)       A Substitute Ordinance by Zoning Committee to rezone

Z-06-117               from the R4 (Single-Family Residential) District to the MR-3 (Multifamily Residential) District, property located at 959 Constitution Road, S.E. fronting 463 feet on the south side of Constitution Road beginning approximately 100 feet west from the intersection of Constitution Road and Stonewall Drive.  Depth: varies; Area: approximately 5.0 acres; Land Lot 6 of the 14th District, Fulton County , Georgia .  Owner: Moses Ray; Applicant: Sunni L. Curl; NPU-Z  Council District 1.

ADOPTED SUBSTITUTE AS AMENDED BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

 

 

The following items (5 – 13) were taken as a collective vote.

 

06-O-2305 ( 5)       An Amended Ordinance by Zoning Committee to rezone

Z-06-116               from the C-2-C (Community Service-Conditional) District and R-4A (Single-Family Residential) District to the MRC-3 (Mixed Residential Commercial) District (front) and MR-3 (Multifamily Residential) District (rear), property located at 438-472 McDonough Boulevard, S.E. and 1395-1459 Gault Street, S.E. fronting approximately 381 feet on the north side of McDonough Boulevard and approximately 846 feet on the west side of Gault Street.  Depth: varies; Area: approximately 7.17 acres; Land Lot 41 of the 14th District, Fulton County , Georgia .  Owner: Sawtell Development Partners; Applicant: John A. Bell; NPU-Y  Council District 1.

ADOPTED AS AMENDED BY A ROLL CALL VOTE OF 11 YEAS; 0 NAYS


Council President Pro Tempore Carla Smith Presided

 

COMMITTEE REPORTS  (CONT’D)

 

ZONING COMMITTEE  (3)

IVORY L. YOUNG, JR., CHAIR

 

ORDINANCES FOR SECOND READING   (CONT’D)

 

06-O-2691 ( 6)       An Amended Ordinance by Zoning Committee to rezone

Z-06-129               from the I-1 (Light Industrial) District and MR5A-C (Multifamily Residential-Conditional) District to the PD-MU (Planned Development-Mixed Use), property located at 643 Tenth Street and 1000 Northside Drive, N.W. and 646 Eleventh Street, N.W., fronting approximately 334.87 feet on the west side of Northside Drive.  Property is bordered by Tenth Street on the south, Watkins Street on the west, Edgehill Avenue on the southwest and Eleventh Street on the north.  Depth: approximately varies; Area: approximately 3.57 acres; Land Lots 149 and 150, 17th District, Fulton County , Georgia .  Owner: Tivoli 643 Holdings, LLC; Applicant: Tivoli 643 Holdings, LLC; NPU-E  Council District 3.

ADOPTED AS AMENDED BY A ROLL CALL VOTE OF 11 YEAS; 0 NAYS

 

06-O-2692 ( 7)       An Amended Ordinance by Zoning Committee granting a

U-06-31                 Special Use Permit pursuant to Section 16-11.005 (1) (h) for a Hotel, property located at 247 Buckhead Avenue, 3039 Bolling Way, 210 and 220 Pharr Road and 3009 and 3013 Peachtree Road, N.E., fronting approximately 226 feet on the south side of Buckhead Avenue, approximately 337 feet on the east side of Peachtree Road, approximately 339.84 feet on the west side of Bolling Way and approximately 251.71 feet on the north side of Pharr Road.  Depth: varies; Area: approximately 3.0 acres; Land Lot 99, 17th District, Fulton County , Georgia .  Owners: John A. Hartrampf, Jr., (Action Ooutdoor Advertising, LLC); Stafford Pharr , LLC and Village Properties; Applicant: Buckhead Avenues Development Co., LLC; NPU-B  Council District 7.

ADOPTED AS AMENDED BY A ROLL CALL VOTE OF 11 YEAS; 0 NAYS


Council President Pro Tempore Carla Smith Presided

 

COMMITTEE REPORTS  (CONT’D)

 

ZONING COMMITTEE  (4)

IVORY L. YOUNG, JR., CHAIR

 

ORDINANCES FOR SECOND READING   (CONT’D)

 

06-O-2693 ( 8)       An Amended Ordinance by Zoning Committee granting a

U-06-32                 Special Use Permit pursuant to Section 16-11.005 (1) (h) for a Hotel, property located at 3057, 3059, 3063, 3067, 3069 and 3071 Peachtree Road, N.E., fronting approximately 226 feet on the south side of Buckhead Avenue, approximately 337 feet on the east side of Peachtree Road, approximately 339.84 feet on the west side of Bolling Way and approximately 251.71 feet on the north side of Pharr Road.  Depth: varies; Area: approximately 3.0 acres; Land Lot 99, 17th District, Fulton County , Georgia .  Owners: John A. Hartrampf, Jr. (Action Ooutdoor Advertising, LLC); Stafford Pharr , LLC and Village Properties; Applicant: Buckhead Avenues Development Co, LLC; NPU-B  Council District 7.

ADOPTED AS AMENDED BY A ROLL CALL VOTE OF 11 YEAS; 0 NAYS

 

06-O-2694 ( 9)       An Amended Ordinance by Zoning Committee granting a

U-06-33                 Special Use Permit pursuant to Section 16-11.005 (1) (h) for a Hotel, property located at 255, 295, 285, 281, 271 and 265 East Paces Ferry Road and 248, 262, 270, 280, 284 and 292 Buckhead Avenue, N.E., fronting approximately 275 feet on the north side of Buckhead Avenue, approximately 249 feet on the west side of North Fulton Drive, and approximately 262 feet on the east side of Bolling Way.  Depth: varies; Area: approximately 3.223 acres; Land Lot 99, 17th District, Fulton County , Georgia .  Owners: James L. Cates/Aaron Rents, R., Charles Loudermilk, Joann Selig/Steve Selig Life Trust, David Davenpourrohrig Pollack, LLC, George Rohrig; Applicant: Buckhead Avenues Development Co, LLC; NPU-B  Council District 7.

ADOPTED AS AMENDED BY A ROLL CALL VOTE OF 11 YEAS; 0 NAYS


Council President Pro Tempore Carla Smith Presided

 

COMMITTEE REPORTS  (CONT’D)

 

ZONING COMMITTEE  (5)

IVORY L. YOUNG, JR., CHAIR

 

ORDINANCES FOR SECOND READING   (CONT’D)

 

07-O-0269 (10)       An Amended Ordinance by Zoning Committee granting a

U-06-34                 Special Use Permit for a Recreational Center/Community Center pursuant to Section 16-06.005 (1) (k), property located at 3750 Stone Road, S.W. (also known as 3651 Hampshire Park Way, S.W.) fronting approximately 158 feet on the north side of Hampshire Park Way.  Depth: approximately 192 feet; Area: approximately 0.64 acres; Land Lot 5 of the 14th ff District, Fulton County , Georgia .  Owner: Hampshire Park Partners, LLC; Applicant: Joe Padilla; NPU-P  Council District 11.

ADOPTED AS AMENDED BY A ROLL CALL VOTE OF 11 YEAS; 0 NAYS

 

07-O-0150 (11)       An Amended Ordinance by Zoning Committee to rezone

Z-06-140               from the I-1 (Light Industrial) District to the MR4A-C (Multifamily Residential-Conditional) District, property located at 1101 Donnelly Avenue, S.W. fronting approximately 600 feet on the north side of Donnelly Avenue at the northeast corner of Lawton Street .  Depth: varies; Area: approximately 4.225 acres; Land Lots 118 and 119, 14th District, Fulton County , Georgia .  Owner: The Trust For Public Land ; Applicant: William L. Stephenson; NPU-S  Council District 4.

ADOPTED AS AMENDED BY A ROLL CALL VOTE OF 11 YEAS; 0 NAYS

 

07-O-0151 (12)       An Amended Ordinance by Zoning Committee to rezone

Z-06-141A             from the R-5 (Two-Family Residential) District to the RG-3 (Residential General Sector-3) District, property located at 1027 Baldwin Street, S.W. fronting approximately 145 feet on the north side of Baldwin Street at the northwest corner of Baldwin Palace and Baldwin Street .  Depth: 225 feet; Area: approximately 1.06 acres; Land Lots 116 and 117, 14th District, Fulton County , Georgia .  Owner: Housing Authority of the City of Atlanta ; Applicant: Harris Development, LLC c/o Amon Martin; NPU-T  Council District 4.

ADOPTED AS AMENDED BY A ROLL CALL VOTE OF 11 YEAS; 0 NAYS


Council President Pro Tempore Carla Smith Presided

 

COMMITTEE REPORTS  (CONT’D)

 

ZONING COMMITTEE  (6)

IVORY L. YOUNG, JR., CHAIR

 

ORDINANCES FOR SECOND READING   (CONT’D)

 

07-O-0152 (13)       An Amended Ordinance by Zoning Committee to rezone

Z-06-141B             from the R-5 (Two-Family Residential) District to the RG-3 (Residential General-Sector 3) District, property located at 990 Westview Drive, S.W. fronting approximately 267.39 feet on the south side of Westview Drive at the southeast corner of Westview Drive and Baldwin Place .  Depth: 313 feet; Area: approximately 2.29 acres; Land Lots 116 and 117, 14th District, Fulton County , Georgia .  Owner: Housing Authority of the City of Atlanta ; Applicant: Harris Development, LLC c/o Amon Martin; NPU-T  Council District 4.

ADOPTED AS AMENDED BY A ROLL CALL VOTE OF 11 YEAS; 0 NAYS

 

07-O-0259 (14)       An Ordinance by Zoning Committee to rezone from the R-

Z-06-143               5 (Two-Family Residential) District to the MR3 (Multifamily Residential) District, property located at 186 Walthall Street, S.E., fronting approximately 96.80 feet on the east side of Walthall Street and the northeast corner of Arkwright Place.  Dept: varies; Area: approximately 0.56 acres; Land Lot 13, 14th District, Fulton County , Georgia .  Owner: Pastor Clifford Ice; Applicant: Jim Peera; NPU-N  Council District 5.

ADVERSED BY A ROLL CALL VOTE OF 11 YEAS; 0 NAYS


Council President Pro Tempore Carla Smith Presided

 

COMMITTEE REPORTS  (CONT’D)

 

ZONING COMMITTEE  (7)

IVORY L. YOUNG, JR., CHAIR

 

ORDINANCES FOR SECOND READING   (CONT’D)

 

06-O-0934 (15)       An Ordinance by Councilmember Carla Smith to rezone

Z-06-55                 from the I-1 (Light Industrial) District to the RG-3 (Residential General Sector-3) District, property located at 1921 Anne Street, N.W. , Land Lot 230, 17th District, Fulton County Georgia .  NPU-G  Council District 9.

 

Ordinance 06-O-0934 was acted on in the early part of the meeting as requested by Chairperson Young.  Mr. Young recused himself from presiding due to a potential conflict of interest and abstained from the item.  Therefore, Vice-Chairperson Sheperd presided and sounded the caption to Ordinance 06-O-0934.  Following, Ms. Sheperd made a Motion to Adverse.  It was Seconded by Councilmember Moore and the Motion CARRIED by a roll call vote of 11 yeas; 0 nays; 1 abstention.

 

ADVERSED BY A ROLL CALL VOTE OF 11 YEAS; 0 NAYS; 1 ABSTENTION

 

 

The following items (06-O-0006 and 06-O-2260) were taken as a collective vote.

 

06-O-0006 (16)       An Ordinance by Councilmember Carla Smith to rezone

Z-04-51                 from the I-1 (Light Industrial) District to the PD-MU (Planned Development-Mixed Use) District, property located at 166 16th Street, N.W. , fronting 136.90 feet on the south side of 16th street beginning at the southeast corner of Fowler Street .  Depth: 361 feet; Area: 1.307 acres; Land Lot 108, 17th District, Fulton County , Georgia .  Owner: Madison Midtown, LLC; Applicant: J. Charles Hendon; By: Carl E. Westmoreland, Jr., Attorney; NPU-E  Council District 2.

FILED BY A ROLL CALL VOTE OF 11 YEAS; 0 NAYS


Council President Pro Tempore Carla Smith Presided

 

COMMITTEE REPORTS  (CONT’D)

 

ZONING COMMITTEE  (8)

IVORY L. YOUNG, JR., CHAIR

 

ORDINANCES FOR SECOND READING   (CONT’D)

 

06-O-2260 (17)       An Ordinance by Zoning Committee to rezone from the R-

Z-06-106               3 (Single-Family Residential) District to the MR-2 (Multifamily Residential) District, property located at 4706, 4716, 4724, 4736, 4742, 4754 and 4764 Wieuca Road, N.E. fronting approximately 682 feet on the south side of Wieuca Road.  Depth: varies; Area: approximately 2.153 acres; Land Lot 95, District 17th Fulton County , Georgia .  Owners: Jonica P. Mueller, John P. Stephens, Laurie A. Cavallaro, Jay Christopher Green, Amy L. Fike, Alice T. Hanson, Michael E. Hanson, Timothy J. Miltner and Elizabeth Miltner; Applicant: TND Development Corporation c/o Laurel A. David, Esq.; NPU-B  Council District 8.

FILED BY A ROLL CALL VOTE OF 11 YEAS; 0 NAYS

 

06-O-2366 (18)       An Ordinance by Community Development/Human

CDP-06-82             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 4706-4764 Wieuca Road, NW, from the “Single Family Residential” Land Use Designation to the “Low Density Residential” Land Use Designation; and for other purposes. (4th Quarter CDP Amendments Public Hearing held 11/27/06 ) (Filed by CD/HR Committee 3/27/07 )

 

NPU-B                             Council District 8

 

FILED BY A ROLL CALL VOTE OF 12 YEAS; 0 NAYS

 


Council President Pro Tempore Carla Smith Presided

 

COMMITTEE REPORTS  (CONT’D)

 

ZONING COMMITTEE  (9)

IVORY L. YOUNG, JR., CHAIR

 

ORDINANCES FOR SECOND READING   (CONT’D)

 

The following items (19 – 25) were taken as a collective vote.

 

06-O-2369 (19)       An Ordinance by Community Development/Human

CDP-06-85             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 438-472 McDonough Boulevard and 1395-1459 Gault Street, SE , from the “Single Family Residential” and “Low Density Commercial” Land Use Designations to the “High Density Commercial” Land Use Designation; and for other purposes.  (4th Quarter CDP Amendments Public Hearing held 11/27/06 ) (Favorable by CD/HR Committee 3/27/07 )

 

NPU-Y                                      Council District 1

 

ADOPTED BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

06-O-2370 (20)       An Ordinance by Community Development/Human

CDP-06-86             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 959 Constitution Road, SE, from the “Single Family Residential” Land Use Designation to the “Medium Density Residential” Land Use Designation; and for other purposes. (4th Quarter CDP Amendments Public Hearing held 11/27/06 ) (Favorable by CD/HR Committee 3/27/07 )

 

NPU-Z                                      Council District 1

 

ADOPTED BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-O-0397 (21)       An Ordinance by Community Development/Human

CDP-07-10             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 Donnelly Avenue, SW, from the "Industrial" Land Use Designation to the "High Density Residential" Land Use Designation; and for other purposes.  (1ST Quarter CDP Public Hearing held 3/12/07 ) (Favorable by CD/HR Committee 3/27/07 )

 

NPU-S                             Council District 4

 

ADOPTED BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS


Council President Pro Tempore Carla Smith Presided

 

COMMITTEE REPORTS  (CONT’D)

 

ZONING COMMITTEE  (10)

IVORY L. YOUNG, JR., CHAIR

 

ORDINANCES FOR SECOND READING   (CONT’D)

 

07-O-0395 (22)       An Ordinance by Community Development/Human

CDP-07-08             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 510 Sawtell Avenue, SE, from the "Industrial" Land Use Designation to the "Mixed-Use" Land Use Designation; and for other purposes.  (1ST Quarter CDP Public Hearing held 3/12/07 ) (Favorable by CD/HR Committee 3/27/07 )

 

NPU-Y                                      Council District 1

 

ADOPTED BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-O-0400 (23)       An Ordinance by Community Development/Human

CDP-07-13             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 217, 227, 231, 235, 243, 257, 261, 267, 279, 289, 293 Elm Street, 641 Spencer St. and 641 Thurmond St., from the "Single Family Residential" Land Use Designation to the "Mixed-Use" Land Use Designation; and for other purposes.  (1ST Quarter CDP Public Hearing held 3/12/07 ) (Favorable by CD/HR Committee 3/27/07 )

 

NPU-L                                       Council District 3

 

ADOPTED BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

07-O-0403 (24)       An Ordinance by Community Development/Human

CDP-07-16             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 2612 & 2622 Peyton Road, NW, from the "Single Family Residential” Land Use Designation to the "Low Density Residential" Land Use Designation; and for other purposes. (1ST Quarter CDP Public Hearing held 3/12/07 ) (Favorable by CD/HR Committee 3/27/07 )

 

NPU-D                             Council District 9

 

ADOPTED BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS


Council President Pro Tempore Carla Smith Presided

 

COMMITTEE REPORTS  (CONT’D)

 

ZONING COMMITTEE  (11)

IVORY L. YOUNG, JR., CHAIR

 

ORDINANCES FOR SECOND READING   (CONT’D)

 

07-O-0404 (25)       An Ordinance by Community Development/Human

CDP-07-17             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 1901-1913 Hollywood Road, NW, from the "Single Family Residential” Land Use Designation to the "Low Density Commercial" Land Use Designation; and for other purposes.  (1ST Quarter CDP Public Hearing held 3/12/07 ) (Favorable by CD/HR Committee 3/27/07 )

 

NPU-D                            Council District 9

 

ADOPTED BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

 

 

Council President Lisa M. Borders Presided

 

06-O-2688 ( 26)      An Ordinance by Zoning Committee to rezone from the R-

Z-06-126               4 (Single Family Residential) District to the RG-3-C (Residential General-Sector 3-Conditional) District, property located at 390 and 398 Stovall Street, S.E., fronting approximately 203.85 feet from the northeast corner of Stovall Street and Faith Avenue.  Depth: approximately 150 feet; Area: approximately 0.46 acres; Land Lot 12, 14th District, Fulton County , Georgia .  Owner: Broadstone Glenwood, LLC; Applicant: Broadstone Glenwood, LLC; NPU-W  Council District 5.

 

Chairperson Young sounded the caption to Ordinance 06-O-2688 and noted the recommendation from committee was Favorable as Amended.  Following, Councilmember Archibong was recognized sounded the conditions of the Amendment which added new language to Condition #1.  After which, the Motion to Adopt as Amended was made, Seconded by Chairperson Young and CARRIED by a roll call vote of 12 yeas; 0 nays.

 

ADOPTED AS AMENDED BY A ROLL CALL VOTE OF 12 YEAS; 0 NAYS

 


Council President Pro Tempore Carla Smith Presided

 

COMMITTEE REPORTS  (CONT’D)

 

ZONING COMMITTEE  (12)

IVORY L. YOUNG, JR., CHAIR

 

ORDINANCES FOR FIRST READING

 

The following items (1 – 17) were taken as a collective vote.

 

07-O-0602 ( 1)       An Ordinance by Zoning Committee to amend Sections

Z-07-53                 16-28A.004, 16-28A.007(h), 16-28A.007(p), 16-28A.013(a) and (b) of the City of Atlanta Sign Ordinance and to add a new Section 16-28A.007(x) so as to update the definition of a changing sign and sign copy, to include electronically changed signs; to remove conflicting language; to more effectively regulate signs which constitute a traffic hazard; to add certain regulations on changing signs by incorporating certain of the limitations and conditions imposed by state law on these types of signs; to amend the requirements of building signature signs; to amend the permit requirements and procedures for signs and for other purposes.

REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

 

07-O-0571 ( 2)       An Ordinance by Zoning Committee to rezone from the R-

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

 

Depth:         Approximately 256 Feet

Area:           Approximately 0.279 Acre

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

Owner:        Nicholas V. Ashdown

Applicant:    Nicholas V. Ashdown

NPU-B         Council District 7

 

REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS


Council President Pro Tempore Carla Smith Presided

 

COMMITTEE REPORTS  (CONT’D)

 

ZONING COMMITTEE  (13)

IVORY L. YOUNG, JR., CHAIR

 

ORDINANCES FOR FIRST READING   (CONT’D)

 

07-O-0599 ( 3)       An Ordinance by Zoning Committee to rezone from the I-2

Z-07-16                 (Heavy Industrial) District to the MRC-3 (Mixed Residential Commercial) District, property located at 790 Huff Road, NW, fronting approximately 200 feet on the south side of Huff Road, at the southeast corner of Foster Street.

 

Depth:         Varies

Area:           Approximately 3.48 Acres

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

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

Applicant:    John A. Bell

NPU-D         Council District 9

 

REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

 

07-O-0626 ( 4)       An Ordinance by Zoning Committee to rezone from the R-

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

 

Depth:         Approximately 1,315 Feet

Area:           Approximately 16.13 Acres

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

Owner:        Barbara Goransson

Applicant:    Brian J. London

NPU-Z                   Council District 12

 

REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS


Council President Pro Tempore Carla Smith Presided

 

COMMITTEE REPORTS  (CONT’D)

 

ZONING COMMITTEE  (14)

IVORY L. YOUNG, JR., CHAIR

 

ORDINANCES FOR FIRST READING   (CONT’D)

 

07-O-0627 ( 5)       An Ordinance by Zoning Committee to rezone from the

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

 

Depth:         Varies

Area:           Approximately 2.57 Acres

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

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

Applicant:    Lenox Road Development, LLC.

NPU-B         Council District 7

 

REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

 

07-O-0628 ( 6)       An Ordinance by Zoning Committee to rezone from the R-

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

 

Depth:         Varies

Area:           Approximately 1.5 Acres

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

Owner:        Columns Northeast Drive , LLC.

Applicant:    Columns Northwest Drive , LLC

NPU-G         Council District 9

 

REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS


Council President Pro Tempore Carla Smith Presided

 

COMMITTEE REPORTS  (CONT’D)

 

ZONING COMMITTEE  (15)

IVORY L. YOUNG, JR., CHAIR

 

ORDINANCES FOR FIRST READING   (CONT’D)

 

07-O-0629 ( 7)       An Ordinance by Zoning Committee to rezone from the R-

Z-07-25                 5 (Two-Family Residential) District to the C-1(Community Business) District, property located at 1280 Ralph David Abernathy Boulevard, SW, fronting approximately 53 feet on the north side of Ralph David Abernathy Boulevard.

 

Depth:         Varies

Area:           Approximately 0.189 Acre

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

Owner:        William H. Gunn

Applicant:    William H. Gunn

NPU-T                   Council District 4

 

REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

 

07-O-0630 ( 8)       An Ordinance by Zoning Committee to rezone from the R-

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

 

Depth:         Approximately 140 Feet

Area:           Approximately 0.23 Acre

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

Owner:        Rashon Smit/RDI Investments

Applicant:    Herbert V. Kennedy

NPU-L                   Council District 3

 

REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS


Council President Pro Tempore Carla Smith Presided

 

COMMITTEE REPORTS  (CONT’D)

 

ZONING COMMITTEE  (16)

IVORY L. YOUNG, JR., CHAIR

 

ORDINANCES FOR FIRST READING  (CONT’D)

 

07-O-0631 ( 9)       An Ordinance by Zoning Committee to rezone from the C-

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

 

Depth:         Varies

Area:           Approximately 5.478 Acres

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

Owner:        Salem Baptist Church, Inc.

Applicant:    Freisem, Macon, Swann and Malone, LLP

NPU-J                   Council District 9

 

REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

 

07-O-0632 (10)       An Ordinance by Zoning Committee to rezone from the R-

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

 

Depth:         127 Feet

Area:           Approximately 0.12 Acre

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

Owner:        Lakeisha J. Darling

Applicant:    Lakeisha J. Darling

NPU-L                   Council District 3

 

REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS


Council President Pro Tempore Carla Smith Presided

 

COMMITTEE REPORTS  (CONT’D)

 

ZONING COMMITTEE  (17)

IVORY L. YOUNG, JR., CHAIR

 

ORDINANCES FOR FIRST READING   (CONT’D)

 

07-O-0633 (11)       An Ordinance by Zoning Committee granting a Special

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

 

Depth:         Varies

Area:           1.01 Acres

Land Lot:     147, 15th District, DeKalb County , Georgia

Owner:        Chris Homes Properties, Inc.

Applicant:    Chris Kids, Inc.

NPU-W         Council District 5

 

REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

 

07-O-0634 (12)       An Ordinance by Zoning Committee granting a Special

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

 

Depth:         Approximately 200 Feet

Area:           0.226 Acre

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

Owner:        Paul and Willie Moss

Applicant:    Paul and Willie Moss

NPU-J                   Council District 9

 

REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS


Council President Pro Tempore Carla Smith Presided

 

COMMITTEE REPORTS  (CONT’D)

 

ZONING COMMITTEE  (18)

IVORY L. YOUNG, JR., CHAIR

 

ORDINANCES FOR FIRST READING   (CONT’D)

 

07-O-0635 (13)       An Ordinance by Zoning Committee granting a Special

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

 

Depth:         Varies

Area:           Approximately 2.5 Acres

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

Owner:        Rufus Whitlock

Applicant:    Deke D. Cooper

NPU-Z                   Council District 12

 

REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

 

07-O-0636 (14)       An Ordinance by Zoning Committee granting a Special

U-07-05                 Use Permit for a Broadcasting Tower (Section 16-16.005 (1)(h)) property located at 2155 Monroe Place, NE, fronting approximately 148.86 feet on the west side of Monroe Place.

 

Depth:         Approximately 824 Feet

Area:           5.123 Acres

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

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

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

NPU-F                   Council District 6

 

REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS


Council President Pro Tempore Carla Smith Presided

 

COMMITTEE REPORTS  (CONT’D)

 

ZONING COMMITTEE  (19)

IVORY L. YOUNG, JR., CHAIR

 

ORDINANCES FOR FIRST READING   (CONT’D)

 

07-O-0637 (15)       An Ordinance by Zoning Committee granting a Special

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

 

Depth:         276.22 Feet

Area:           Approximately 2.78 Acres

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

Owner:        The Children’s School, Inc.

Applicant:    The Children’s School

By:              Michael W. Tyler, Esq.

NPU-E                   Council District 6

 

REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

 

07-O-0638 (16)       An Ordinance by Zoning Committee to amend Ordinance

U-71-56                 U-71-56, as adopted by the Board of Alderman on October 7, 1974 and approved by the Mayor on October 10, 1974, for the purposes of approving a transfer of Ownership for a Special Use Permit for a Day Care Center for property located at 2365 County Line Road, SW; and for other purposes.

REFERRED TO ZONING COMMITTEE BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS


Council President Pro Tempore Carla Smith Presided

 

COMMITTEE REPORTS  (CONT’D)

 

ZONING COMMITTEE  (20)

IVORY L. YOUNG, JR., CHAIR

 

ORDINANCES FOR FIRST READING   (CONT’D)

 

07-O-0642 (17)       An Ordinance by Zoning Committee to amend the 1982

Z-07-44                 Zoning Ordinance of the city of Atlanta, as amended, so as to provide maximum Floor Area Ratios in the R-4A and R-4B Zoning Districts and maximum lot coverage in the R-4B Zoning District; provide new maximum Floor Area Ratios and lot coverages for the various types of structures allowed in the R-5 Zoning District; to create a new Section 16-24.008 concerning the measurement of floor area for additions to residential structures; amend Section 16-28.008(5) concerning the height of walls in required yards; amend Section 16-28.009 to clarify application of the Floor Area Ratio calculation; create a new section 16-28.026 concerning limiting height of the main floor level; to amend Section 16-29.001 (12)(a)(3) concerning the definition of two-family and duplex dwellings; to amend Section 16-29.001(13) to provide for a new definition of Floor Area; to amend Section 16-29.001(27) to provide for a new definition of Building to amend Section 16-29.001(37) to provide for an amended definition of Floor Area Ratio; create a new Section 16-29.001(67) defining Attics; create a new Section 16-29.001(68) defining Basements; create a new Section 16-29.001(69) defining Main Floor Level; and for other purposes.

REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

 


Council President Pro Tempore Carla Smith Presided

 

COMMITTEE REPORTS  (CONT’D)