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ATLANTA CITY COUNCIL
AGENDA
October 1, 2007
Note: A complete listing of
items 5 and 8 may not appear in this version.
Order of Business
for the
Monday,
October 1, 2007
The
Honorable Lisa M. Borders,
Presiding
1:00
P.M.
1.
Call to Order
2.
Roll Call
3.
Invocation
4.
Pledge of Allegiance
5.
Proclamations, Commendations and other Special Awards
6.
Remarks by the Public
7.
Report of the Journal
8.
Communications
2
9.
Adoption of Agenda
10.
Consideration of Vetoed Legislation
11.
Unfinished Business
12.
Consent Agenda
3
13.
Report of Standing Committees
Committee Chairs
Pages
Committee on Council**
Felicia A. Moore
19
Transportation Committee
Clair Muller
31
Community Development/Human
Zoning Committee
Ivory L. Young, Jr.
41
Finance/Executive Committee*
Howard Shook
63
14.
Personal Papers/Resolutions for immediate consideration
15.
Personal Papers and General Remarks
16.
Adjournment: Roll Call
*
No Report
**
No Report at Time of Agenda Preparation
***
Items that did not appear on any committee’s regular printed agenda. (Pages
7 & 18)
8.
COMMUNICATION
07-C-2026 ( 1)
A Communication by Chief
Procurement Officer Adam L. Smith submitting the September 2007 Monthly
Contracts Report to the Atlanta City Council and Clerk of Council pursuant to
Section 2-1142 of the Atlanta City Code of Ordinances.
RECOMMENDATION
TO FILE
C O N S E N T
A G E N D A
There will be no separate discussion of these
items. If discussion on any item is
desired, the item will be removed from the Consent Agenda and will be considered
separately - excerpt from 11.2, Consent Agenda; Rules for the Conduct of
Business for the Council of the City of Atlanta.
SECTION I
ORDINANCES FOR SECOND
CITY UTILITIES COMMITTEE - CARLA SMITH, CHAIR
07O1821( 1) An Ordinance by City Utilities Committee to abandon a portion of Tazor Street, NW located between Neal Street and North Avenue, consisting of 0.6754 acre, more or less and being more specifically described in the attached Exhibit “A” lying and being in Land Lot 114 of the 14th District, Fulton County, Georgia; and for other purposes. (Public Hearing held 9/25/07)
07O1928( 2) An
Ordinance by City Utilities Committee
to abandon portions of Lakeside Drive
between Kingsboro Road and East Paces Ferry Road and a
portion of Oak Valley Road between Kingsboro Road and
Wright Avenue; to accept land for the purpose of future public
road purposes; to provide for the installation of traffic
signals; and for other purposes. (Public
Hearing held 9/25/07)
07O1929( 3) An Ordinance by City Utilities Committee authorizing the City Attorney to institute necessary legal action through
Condemnation by Declaration of Taking Method, pursuant to O.C.G.A. §22-3-140
and §32-3-4 to obtain necessary property interests in the real property
described and identified herein below, said property being located in Land Lot
21 of the 14th District of Fulton County, Georgia, in the City of
Atlanta, and necessary for public use in connection with acquiring access to a
sewer easement in the Stockade Sewer Basin for the City of Atlanta; to authorize
the City Attorney to use the services of outside counsel, where necessary, for
said acquisition; to authorize the acquisition of title reports, surveys,
appraisals and other items necessary for said acquisition; and for other
purposes.
07O2017( 4) An Ordinance by Councilmember Kwanza Hall as amended by City Utilities Committee authorizing the City of Atlanta to waive the provisions contained in Chapter 138, Article II, Division 6, Section 138-60(a) of the City of Atlanta Code of Ordinances to allow the Commissioner of the Department of Public Works, to issue a permit for the placement of Banners containing limited advertising in the public right-of-way; and for other purposes.
07O2022( 5) An Ordinance by Councilmember Carla Smith, authorizing the Mayor or her designee to waive the sidewalk requirements of Section 15-09.003 of the City of Atlanta Code of Ordinances, to provide that a certain Subdivision SD-07-20, (731 & 753 Knox Drive, SE) applicant deposit a dollar amount ($7,370.00) equal to the value of the required sidewalk construction into a designated Trust Fund Account for District 1; and for other purposes.
PUBLIC SAFETY AND
LEGAL
07O1897( 6)
An Ordinance by Councilmember Clair Muller as
substituted by Public Safety and Legal Administration Committee to amend
Chapter 10, Alcoholic Beverages, Section 10-1 by adding the words “Or
Importer” to the definition of a Wine Specialty Shop; and for other purposes.
TRANSPORTATION COMMITTEE
- CLAIR MULLER, CHAIR
07O2019( 7)
An Ordinance by Councilmember Kwanza Hall amending the 2006
(Intergovernmental Grant Fund) Budget by adding to Anticipations and
Appropriations Federal Highway Administration Funds received from the Georgia
Department of Transportation in the amount of $2,400,000.00 for the purpose of
funding the acquisition of right-of-way so as to complete the Multimodal
Corridor known as the 17th Street Extension from Northside Drive to
West Peachtree Street; and for other purposes.
FINANCE/EXECUTIVE COMMITTEE
- HOWARD SHOOK, CHAIR
07O1331( 8) An Ordinance by Councilmember C. T. Martin as amended by Finance Executive Committee to amend the Pension Acts applicable to members of the General Employees Pension Fund of the City of Atlanta, so as to provide for a retirement program for employees involuntarily separated to balance the City of Atlanta 2008 Fiscal Year Budgets and for Reorganization of the workforce; and for other purposes.
07O1892( 9) A Substitute Ordinance by Finance/Executive Committee authorizing the Mayor, on behalf of the City of Atlanta (“City”), to negotiate for, purchase and develop, approximately 4.86 acres of property located at 4055 Roswell Road, N.W., Atlanta, Georgia (“Blue Heron Expansion 4055 Roswell Road Property”), from the Conservation Fund (“TCF”), in an amount not to exceed $3,750,000.00, for the purpose of expanding the Blue Heron Nature Preserve. The City’s purchase price, due diligence, purchase services, demolition and development costs shall be paid from the (General Government Capital Outlay Fund) Budget in the Department of Planning and Community Development 1C28 (General Government Capital Outlay Fund) 571001 (Land) Y63F060392BG (City Wide Greenway Trail Projects); amending the 2007 (General Government Capital Outlay Fund) Budget Department of Planning and Community Development by transferring between accounts the sum of $3,750,000.00; enter into a new MOU or amend the existing MOU with the Blue Heron Nature Preserve; and for other purposes.
RESOLUTIONS
PUBLIC SAFETY AND LEGAL
07R1939( 1)
A Resolution by Public Safety and Legal Administration Committee
authorizing the settlement of all claims against the City of Atlanta in the case
of Sandra Taylor v. City of Atlanta, Georgia, et al., Superior Court,
Fulton County, Civil Action File No. 2007CV134646, in the amount of $36,960.00;
authorizing said payment to be charged to and paid from Fund 1A01 (General
Fund), Account 529017 (Property Liquidation) and Center Number T31001
(Non-Departmental); authorizing the Chief Financial Officer to distribute the
settlement amount; and for other purposes.
07R1940( 2)
A Resolution by Public Safety and Legal Administration Committee
authorizing the settlement of all claims against the City of Atlanta in
the case of Francine Lovelace v. City of Atlanta, Georgia, et al.,
Superior Court, Fulton County, Civil Action File No. 2007CV134645, in the amount
of $3,100.00; authorizing said payment to be charged to and paid from Fund 1A01
(General Fund), Account 529017 (Property Liquidation) and Center Number T31001
(Non-Departmental); authorizing the Chief Financial Officer to distribute the
settlement amount; and for other purposes.
07R1941( 3)
A Resolution by Public Safety and Legal Administration Committee
authorizing the settlement of all claims against the City of Atlanta in the case
of Rosa Freeman v. City of Atlanta, Georgia, et al., Superior Court,
Fulton County, Civil Action File No. 2007CV134644, in the amount of $21,253.00;
authorizing said payment to be charged to and paid from Fund 1A01 (General
Fund), Account 529017 (Property Liquidation) and Center Number T31001
(Non-Departmental); authorizing the Chief Financial Officer to distribute the
settlement amount; and for other purposes.
07R1947( 4)
A Resolution by Public Safety and Legal Administration Committee
authorizing the settlement of all claims in the case of Richard Holmes v.
Officer Nicholas Dimauro, SunTrust Plaza Associates, LLC, et al., in the
Superior Court of Fulton County, State of Georgia, Civil Action File No.
06-EV-001077J, in the amount of $2,000.00; authorizing said payment to be
charged to and paid from Fund 1A01 (General Fund), Account 529017 (Property
Liquidation) and Center Number T31001 (Non-Departmental); authorizing the Chief
Financial Officer to distribute the settlement amount; and for other purposes.
07R1948( 5)
A Resolution by Public Safety and Legal Administration Committee
authorizing the Mayor or designee pursuant to the City of Atlanta Procurement
and Real Estate Code Section 2-1601, et seq. to execute a Cooperative Purchasing
Agreement, utilizing State of Georgia Contract Number S-040750, with Kustom
Signals, Inc., on behalf of the Department of Police for the purchase of ten
(10) Kustom Pro-Laser III Devices and for other purposes.
The agreement shall be in the amount not to exceed $29,950.00.
All contracted work shall be charged to and paid from Fund, Account and
Center Number: 1B02
(Intergovernmental Grant Fund), 575001 (Equipment), X11T0762B5P0 (Justice
Assistance Grant).
07R2025( 6) A Resolution by Public Safety and Legal Administration
*** Committee authorizing the settlement of all claims against the City of Atlanta in the case of Andrea Thrasher v. City of Atlanta, Georgia, and Charles C. Seago, State Court, Fulton County, Civil Action File No. 2007CV002631H, in the amount of $15,000.00; authorizing said payment to be charged to and paid from Fund 1A01 (General Fund), Account 529017 (Property Liquidation) and Center Number T31001 (Non-Departmental); authorizing the Chief Financial Officer to distribute the settlement amount; and for other purposes.
TRANSPORTATION COMMITTEE
- CLAIR MULLER, CHAIR
07R1697( 7)
A Resolution by Transportation Committee authorizing the Mayor to
execute, as deemed appropriate by the City Attorney, an amendment to the amended
and restated lease agreement between the City and Delta Air Lines, or any other
document necessary to consummate the transaction, setting forth the parties’
rights and obligations concerning Delta Air Lines’ treatment of wastewater at
Delta’s Technical Operational Center located at the Hartsfield-Jackson Atlanta
International Airport; and for other purposes.
07R1951( 8) An Amended Resolution by Transportation Committee authorizing the Mayor to execute an Agreement with US Airways, Inc. for the Lease of approximately 892 square feet of space at Hartsfield-Jackson Atlanta International Airport; and for other purposes.
07R2018( 9) A Resolution by Councilmember Kwanza Hall authorizing the Mayor to execute an Amendment to a Local Governmental Project Agreement between the City of Atlanta and the Georgia Department of Transportation for the acquisition of right-of-way so as to complete the Multimodal Corridor known as the 17th Street Extension from Northside Drive to West Peachtree Street; authorizing the Chief Financial Officer to accept $2,400,000.00 from the Georgia Department of Transportation for said acquisition; directing the City Attorney to prepare and approve an agreement to memorialize said agreement; and for other purposes.
07R2020(10) A Resolution by Councilmember Kwanza Hall authorizing the Mayor to enter into an amended Agreement with Atlantic Station, LLC for the purpose of fulfilling the City’s responsibilities with respect to a certain amended Local Governmental Project Agreement with the Georgia Department of Transportation by acquiring right of way to complete the Multimodal Corridor known as the 17th Street Extension from Northside Drive to West Peachtree Street; authorizing the Chief Financial Officer to pay an amount not to exceed $2,400,000.00 to Atlantic Station, LLC for the acquisition of right-of-way from funding appropriated to the City of Atlanta by the Georgia Department of Transportation for that purpose; directing the City Attorney to prepare and approve appropriate amended contracts and deeds to memorialize said amended agreement and to consummate the acquisition of right-of-way; and for other purposes.
07R2021(11) A Resolution by Councilmember Ivory Lee Young, Jr. to request that the MARTA Board rename the Ashby Street MARTA Station located on Joseph E. Lowery Blvd. to Historic Westside Village Station; and for other purposes.
FINANCE/EXECUTIVE COMMITTEE
- HOWARD SHOOK, CHAIR
07R1903(12) A
Resolution by Councilmember Joyce Sheperd expressing the consent of the City of
Atlanta to the issuance of Multi-Family Housing Revenue Bonds by the Housing
Authority of Fulton County for the purpose of financing the acquisition,
construction and equipping of a residential development at 183 Mount Zion Road;
and for other purposes.
PUBLIC SAFETY AND
LEGAL
Claims with favorable recommendations:
07-R-1954 ( 1)
Claim of Ronald Justus,
for damages alleged to have been sustained as a result of driving over an
unsecured metal plate on May 18, 2007 at 60 Piedmont Avenue.
$852.88
07-R-1955 ( 2)
Claim of Thelma Gersch,
for damages alleged to have been sustained from a sanitary sewer backup on June
11, 2007 at 1556 Walthall Court.
$20,264.33
07-R-1956 ( 3)
Claim of Maliyah Grier, a
minor, and her guardian, Nyasha Temple, through their attorney, Olivia Harmon,
for damages alleged to have been sustained as a result of a vehicular accident
on October 21, 2006 at 901 Simpson Road.
$3,800.00
07-R-1957 ( 4)
Claim of Regina Atchison,
through her attorney, Steven Hart, for damages alleged to have been
sustained as a result of an automobile accident on December 14, 2006 at Martin
Luther King, Jr. Drive and Linkwood Road.
$8,500.00
07-R-1958 ( 5)
Claim of Lacresha Daniels,
for damages alleged to have been sustained as a result of an automobile accident
on August 3, 2007 at Moreland Avenue and South River Industrial Boulevard.
$1,581.42
07-R-1959 ( 6)
Claim of Pierre Jeudi, through
his attorney, Christopher J. Adams, for damages alleged to have been
sustained as a result of a vehicle accident on July 19, 2006 at the intersection
of University Avenue, SW and Pryor Street, SW.
$7,143.50
07-R-1960 ( 7)
Claim of Thelesia V. Morrow,
for damages alleged to have been
sustained as a result of a vehicle accident on August 1, 2007 at 490 Marietta
Street.
$1,473.38
07-R-1961 ( 8)
Claim of Oscar H. Chirinos,
for damages alleged to have been sustained as a result of an automobile accident
on August 9, 2007 at 1366 Miller Reed Avenue, SE.
$1,011.24
07-R-1962 ( 9)
Claim of Floyd Jean Jackson,
for vehicle damages alleged to have been sustained as a result of an unsecured
construction area on June 28, 2006 at 981 Joseph E. Lowery Boulevard.
$762.28
07-R-1963 (10)
Claim of Michael W. Seely,
for damages alleged to have been sustained as a result of driving over an
unsecured metal plate on July 19, 2006 at the intersection of 10th
Street and West Peachtree Street. $1,191.44
07-R-1964 (11)
Claim of Ella Denise Wilkins,
for damages alleged to have been sustained during the repair of service lines on
January 22, 2007 at 2790 Carmon on Wesley.
$3,250.00
07-R-1965 (12)
Claim of The Tavern at Phipps,
for damages alleged to have been sustained as a result of a water main break on
January 28, 2007 at 3500 Peachtree Road, NE.
$2,200.79
07-R-1966 (13)
Claim of Dorothy Knight,
for damages alleged to have been sustained as a result of driving over a
recessed catch basin on June 10, 2007 at the intersection of 17th and
Peachtree Streets.
$2,468.47
07-R-1967 (14)
Claim of Robert and Rowina
Amick, for damages alleged to have been sustained as a result of driving
over a raised manhole on June 15, 2007 at the intersection of Walker Terrace and
Lafayette Drive. $9,388.77
07-R-1968 (15)
Claim of Beatrice Ingram,
through her attorney, Olivia Harmon, for damages alleged to have been
sustained as a result of a vehicular accident on October 21, 2006 at 901 Simpson
Road.
$6,300.00
07-R-1969 (16)
Claim of Nyasha Temples,
through her attorney, Olivia Harmon, for damages alleged to have been
sustained as a result of a vehicular accident on October 21, 2006 at 901 Simpson
Road.
$7,600.00
07-R-1970 (17)
Claim of Brianna Robertson, a
minor, and her guardian, Stephanie Barrow, through their attorney, Olivia Harmon,
for damages alleged to have been sustained as a result of a vehicular accident
on October 21, 2006 at 901 Simpson Road.
$4,500.00
07-R-1971 (18)
Claim of New York Prime,
for damages alleged to have been sustained as a result of a water main break on
January 28, 2007 at 3424 Peachtree Road, NE, Suite 100.
$1,785.36
07-R-1972 (19)
Claim of State Farm Insurance
Companies, as subrogee of Tanya M. Harrison, for damages alleged to have
been sustained as a result of an automobile accident on March 22, 2007 at West
Paces Ferry Road and Habersham Road.
3,099.03
07-R-1973 (20)
Claim of Allstate Insurance
Company, as subrogee of Rick Gibbs, for damages alleged to have been
sustained as a result of a vehicle accident on February 3, 2007 at the
intersection of Roswell Road and 285 North.
$2,160.20
07-R-1974 (21)
Claim of State Farm Insurance
Companies, as subrogee of Karen Fulton, for damages alleged to have been
sustained as a result of an automobile accident on May 26, 2007 at 1925 County
Line Road, SW. $1,114.42
Claims with unfavorable recommendations:
07-R-1876 (22) Claim of Michael Hammonds, for damages alleged to have been sustained as a result of a vehicular accident on August 19, 2006 at 238 Dodd Avenue, SW.
07-R-1877 (23) Claim of Michael Hammonds, for damages alleged to have been sustained as a result of a vehicular accident on May 13, 2006 at 238 Dodd Avenue, SW.
07-R-1975 (24) Claim of Jerrie M. Guthrey, for damages alleged to have been sustained as a result of a slip and fall incident on January 15, 2005 at Peachtree Street and 15th Street.
07-R-1976 (25) Claim of Destin Meyer, for damages alleged to have been sustained as a result of a sewer backup on December 18, 2006 at 554 Holderness Street, SW.
07-R-1977 (26) Claim of Melody Williams, for damages alleged to have been sustained as a result of striking a catchbasin on October 25 and November 29, 2006 at Woodward Avenue near Kelly Street.
07-R-1978 (27) Claim of Stanley Birnbaum, through his attorney, Stephen Apolinsky, for damages alleged to have been sustained as a result of a trip and fall on March 5, 2007 at the Hartsfield-Jackson Atlanta International Airport.
07-R-1979 (28) Claim of Progressive Insurance, as surbrogee of Mishon Bouyer, for damages alleged to have been sustained as a result of a police shooting on August 27, 2006 at Brady and 10th Streets.
07-R-1980 (29) Claim of Jonathan C. Webb, for damages alleged to have been sustained as a result of driving over an unsecured construction cut on June 27, 2007 at 1155 Custer Avenue, SE.
07-R-1981 (30) Claim of Dr. Pamela Burns, for damages alleged to have been sustained as a result of a street defect on March 25, 2007 at Newman Place near Margaret Place.
07-R-1982 (31) Claim of Charmin L. Williams, for damages alleged to have been sustained as a result of solar lights being damaged on July 6, 2007 at 2288 Polar Rock Terrace.
07-R-1983 (32) Claim of James A. Shelling, for damages alleged to have been sustained during the installation of a storm sewer line between 2001 and 2002 at 3761 Rockport Place, SW.
07-R-1984 (33) Claim of State Farm Insurance, as subrogee of Jeffrey and Amy Lambert, for damages alleged to have been sustained as a result of a sewer backup on April 15, 2007 at 1554 New Street.
07-R-1985 (34) Claim of Bradford Noyce, through his attorney, Ellen Gettinger, for damages alleged to have been sustained as a result of an automobile accident on September 16, 2006 at 1959 Lakewood Avenue.
07-R-1986 (35) Claim of Harm Kiezebrink, for damages alleged to have been sustained as a result of a trip and fall incident on January 28, 2007 on Peachtree Street.
07-R-1987 (36) Claim of Lisa Cunningham, for damages alleged to have been sustained during a sewer separation project on July 29, 2007 between 597 and 619 Tenelle Street.
07-R-1988 (37) Claim of Edward F. Dolan, for damages alleged to have been sustained during the repair of an outlet leak on January 3, 2007 at 700 Schooner Circle, NW.
07-R-1989 (38) Claim of MARTA, for damages alleged to have been sustained as a result of driving over a storm sewer grate on September 27, 2006 on Capitol Avenue south of Fulton Street.
07-R-1990 (39) Claim of Homer Jackson Faw III, for damages alleged to have been sustained as a result of a tree limb falling on June 29, 2007 at 261 Ormond Street, SE.
07-R-1991 (40) Claim of Rosa Barron, for damages alleged to have been sustained as a result of a broken sewer line on November 16, 2006 at 1644 Derry Avenue.
07-R-1992 (41) Claim of Tonya Henderson, for damages alleged to have been sustained as a result of driving over a raised water valve cover on December 29, 2006 at the intersection of North Avenue and West Peachtree Street.
07-R-1993 (42) Claim of Adriana Howard, for damages alleged to have been sustained as a result of an object thrown by a lawnmower on October 12, 2006 at 841 Rose Circle.
07-R-1994 (43) Claim of Jhenkia Moore, for damages alleged to have been sustained as a result of striking a construction cut in the roadway on August 18, 2007 at 5990 Old National Highway and Lantern Lane.
07-R-1995 (44) Claim of Perry Smith, for damages alleged to have been sustained as a result of driving over a raised manhole cover on February 5, 2007 at 687 Humphries Street.
07-R-1996 (45) Claim of Randy D. Smith, for damages alleged to have been sustained as a result of driving over a water valve on October 7, 2006 on Moreland Avenue between Lyndale Avenue and Eden Avenue.
07-R-1997 (46) Claim of Michael Piersa, through his attorney, Mills & Larkey, LLC, for damages alleged to have been sustained as a result of an arrest on February 5, 2006 at 1068 Peachtree Street, NE.
07-R-1998 (47) Claim of Micajah Jon Vickers, through his attorney, Mills & Larkey, LLC, for damages alleged to have been sustained as a result of an arrest on February 5, 2006 at 1068 Peachtree Street, NE.
07-R-1999 (48) Claim of Tony W. Stephens, for damages alleged to have been sustained as a result of driving over an unsecured construction cut on June 21, 2007 at 1155 Custer Avenue, SE.
07-R-2000 (49) Claim of Bharat Patel, for damages alleged to have been sustained as a result of driving over a raised manhole cover on June 19, 2007 at 700 Miami Circle.
07-R-2001 (50) Claim of Candice Darby, for damages alleged to have been sustained as a result of driving over a hump in the roadway on August 11, 2006 at the intersection of West Peachtree Street and Peachtree Road.
07-R-2002 (51) Claim of Mateo F. Smith, Jr., for damages alleged to have been sustained as a result of driving over a recessed storm grate on January 9, 2007 at the intersection of Peachtree Street and Rumson Road.
07-R-2003 (52) Claim of Lurlean Porter, for damages alleged to have been sustained as a result of debris falling onto her vehicle on December 7, 2006 at 285 East under the 5th Runway.
07-R-2004 (53) Claim of Verdell Jennings-Colbert, for damages alleged to have been sustained as a result of driving over a construction cut on February 10, 2007 at 1071 Constitution Road.
07-R-2005 (54) Claim of Charles A. Mobley, for damages alleged to have been sustained as a result of forced entry during a emergency response on April 19, 2007 at 300 Peachtree Street, Unit 19-L.
07-R-2006 (55) Claim of Louise J. Anderson, for damages alleged to have been sustained as a result of a sewer backup in March 2007 at 381 Mount Zion Road.
07-R-2007 (56) Claim of Tyees Douglas, for damages alleged to have been sustained as a result of driving over an unsecured metal plate on February 20, 2007 at 4377 West Paces Ferry Road.
07-R-2008 (57) Claim of Janice Peaks, for damages alleged to have been sustained as a result of driving over an unsecured construction cut on June 25, 2007 at 1155 Custer Avenue, SE.
07-R-2009 (58) Claim of Richard P. Clark, Jr., through his attorney, Clint W. Sitton, for damages alleged to have been sustained as a result of a sewer backup and storm water overflow on July 9 & 10, 2005 at 3077 West Andrews Drive, NW.
07-R-2010 (59) Claim of Deborah Loftis, for damages alleged to have been sustained as a result of a slip and fall incident due to a pothole in the roadway on Jessie Hill, Jr. Drive, SW.
07-R-2011 (60) Claim of Darren Robles, through his attorney, Bruce A. Hagen, for damages alleged to have been sustained as a result of an automobile accident on October 27, 2006 at North Eugenia Place and Hollywood Road.
07-R-2012 (61) Claim of Shirley Childs, for damages alleged to have been sustained as a result of a tree falling on July 19, 2007 at 1578 North Avenue, NW.
07-R-2013 (62) Claim of Rebecca Peterson, for damages alleged to have been sustained as a result of towing expenses on November 18, 2006 at Interstate 285 South near the Cascade Road exit.
07-R-2014 (63) Claim of Jon Guven, through his representative, Cohen Goldstein Port & Gottlieb, LLP, for damages alleged to have been sustained as a result of being arrested on March 19, 2006 at an undisclosed location.
CONSENT AGENDA SECTION II
ORDINANCES FOR FIRST
CITY UTILITIES COMMITTEE - CARLA SMITH, CHAIR
07O1953( 1)
A Resolution by City Utilities Committee to amend Chapter 138, Section
138-20 and Appendix B of the Code of Ordinances to authorize the imposition of
certain fees for encroachments in the right-of-way; to modify certain
provisions; and for other purposes.
TO
BE REFERRED TO CITY UTILITIES COMMITTEE
COMMUNITY DEVELOPMENT/
07O1946( 2) An Ordinance by Community Development/Human Resources Committee adopting the 2008 City of Atlanta Strategic Action Plan as the official Comprehensive Development Plan for the City of Atlanta, Georgia; and for other purposes.
TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE
07O2024( 3) An Ordinance by Community Development/Human
*** Resources Committee to amend the Land Use Element of the 2004-2019 Comprehensive Development Plan (CDP) of the City of Atlanta, Georgia, so as to re-designate property that is located at 1329, 1339 Ellsworth Industrial Boulevard from the Industrial Classification to the Mixed Use Classification; and for other purposes.
NPU-D
Council District 9
TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE
COMMITTEE ON COUNCIL
FELICIA A. MOORE, CHAIR
COMMUNICATIONS
07C1942( 1)
A Communication by Mayor Shirley Franklin appointing Mrs.
Rhudine M. Crawford to the Water and Sewer Appeals Board for a term of
three (3) years, scheduled to begin on the date of Council confirmation.
(Favorable by City Utilities
Committee 9/25/07.)
07C1952( 2) A Communication by Mayor Shirley Franklin re-appointing Ms. Diane P. Larche' to the Atlanta Commission on Women for a term of two (2) years, scheduled to begin on the date of Council confirmation.
PAPERS HELD IN COMMITTEE
06O1333( 1)
An Ordinance by Councilmembers Anne Fauver and Cleta Winslow to amend the
Charter of the City of Atlanta adopted under and by virtue of the authority of
the Municipal Home Rule Act of 1965 (Ga. Laws l965, P.298, et seq.) as amended,
to amend Part I, Subpart A, Article VII, Chapter 3, Section 2-301(c) of the
Charter of the City of Atlanta, Georgia (Ga. Laws 1996, p. 4469, et seq.),
approved April 15, 1996 as amended, so as to allow elected officials to view a
video taped copy of the Elected Officials Mandatory Training Modules; to make
the mandatory training apply to newly elected officials
only; and for other purposes. (Held 6/19/06; Vote taken to continue to hold 1/2/07.)
06O2137( 2)
An Ordinance by Councilmembers
07O0081( 3)
An Ordinance by Councilmember
07O0094( 4)
An Ordinance by Committee on Council to amend Chapter Two, Article II,
Division 2, Subdivision II, Section 2-104 (a), entitled “Remarks from
Public” of the Code of Ordinances of the City of Atlanta, so as to preclude
the City Council from accepting additional names on the speakers’ list, to be
heard during remarks from the public, after roll call has occurred at its
regularly scheduled City Council meetings; to waive conflicting ordinances; and
for other purpose. (Held 2/05/07 so that the
Committee can discuss further.)
07C0408( 5)
A Communication to Council President Lisa M. Borders and Members of Council by Reverend
Darrell D. Elligan, President of Concerned Black Clergy of Metropolitan
Atlanta, Inc. on behalf of Concerned Black Clergy, submitting his name as
appointee to serve on the Reverend Joseph E. Boone Commission, scheduled to
begin on the date of Council confirmation. (Held
3/19/07 so that the appointee can appear before the Committee.)
07O1340( 6)
An Ordinance by Councilmembers Jim Maddox, Kwanza Hall, Joyce Sheperd,
07C1618( 7)
A Communication by Councilmember Cleta Winslow, as
amended by Committee on Council appointing
Ms. Helen D. Jenkins to the
Atlanta Commission on Women. This
appointment is scheduled to begin on the date of Council confirmation.
(Amended and held 8/20/07 to state
that the appointment term is for 2 years and to allow the appointee an
opportunity to appear before the Committee.)
07C1647( 8) A Communication by Mayor Shirley Franklin re-appointing Ms. Erica Morris to the Municipal Market Board of Directors in the Legal Category for a term of two (2) years, scheduled to begin on the date of Council confirmation. (Forwarded with no recommendation by Community Development/Human Resources Committee 8/28/07; Held 9/4/07 to allow the appointee an opportunity to appear before the Committee.)
MEMBERS PRESENT
CITY UTILITIES COMMITTEE
CARLA SMITH, CHAIR
PAPERS
HELD IN COMMITTEE
06O0306( 1)
An Ordinance by City Utilities Committee amending the 2006 (1994 G. O.
Bond Referendum Fund) Budget by transferring from and to appropriations in the
amount of $852,361.11 to fund the Paving Management and Improvement Program; and
for other purposes. (Held 2/14/06 at the
request of Councilmember Muller)
06R0563( 2)
A Resolution by Councilmember Joyce M. Sheperd authorizing the Mayor to
enter into an Agreement with Brock Built, LLC providing for the non-standard
location of water meters on private property to which the city provides water
services; and for other purposes. (Referred
back by Council 3/6/06) (Held 3/14/06 at the request of the Department of
Watershed Management so that developer can address the private property
concerns)
06O0937( 3)
An Ordinance by Councilmember Clair Muller to amend Article VII of
Chapter 74 entitled “Riparian
Buffer Requirements”; to officially change the administrating
Department to Watershed Management, to streamline the review process and clarify
the Public Notice Requirements; and for other purposes. (Held
4/25/06 for further review by the Department of Watershed Management)
06O1454( 4)
An Ordinance by Councilmember Clair Muller as
amended by City Utilities Committee to amend Chapter 130 Solid Waste
Management, Section 130-84, Rates and Charges, to limit such rate to apply to
lots with a residence; and for the other purposes. (Amended
and held 6/27/06 at the request of the author)
06O1573( 5)
An Ordinance by Councilmember Kwanza Hall authorizing the Mayor or her
designee to enter into an Agreement between Hilton Atlanta and the Atlanta
Marriott Marquis and the City of Atlanta for the erection of a bridge in
accordance with Section 138-25(b) of the City of Atlanta’s Code of Ordinances;
and for other purposes. (Held 7/11/06 for further discussions)
06O1947( 6) An Ordinance by City Utilities Committee to amend Sections 138-25 and 138-26 of the Official Code of Ordinances of the City of Atlanta, Georgia, to authorize the Commissioner of Public Works to determine the monthly rental rates for the air space or subsurface space occupied by bridges, tunnels of similar structures across streets or alleys and balconies over sidewalks of the City of Atlanta; and for other purposes. (Held 9/18/06 at the request of the Law Department)
07R0002( 7) A Resolution by City Utilities Committee authorizing the Mayor to enter into a Maintenance Agreement with the Georgia Department of Transportation to convert a section of Bolton Road, Fulton Industrial Boulevard and Harwell Road to temporary State Route for Bridge Improvements; and for other purposes. (Held 1/9/07 for further review)
( 8) Appraisal of the abandoned
portion of
07R0750( 9) A Resolution by City Utilities Committee authorizing the Mayor to enter into an agreement with Players & Company, for FC-6006007947, Annual Contract for Major Mechanical Services for the Bureau of Wastewater Treatment and Collections, on behalf of the Department of Watershed Management, in an amount not to exceed $122,280.00; all contracted work will be charged to and paid from Various Fund, Account and Center Numbers; and for other purposes. (Held 5/1/07 at the request of the Department)
07O0979(10) An
Ordinance by Councilmember Kwanza Hall to abandon
a portion of Fair Street, SW located between Peters Street and the Railroad
right-of-way consisting of 0.093 acre more or less, and being more specifically
described as Tract “1” in the attached Exhibit “A” lying and being in
Land Lot 84 of the 14th District, Fulton County, Georgia; and for
other purposes. (Held 5/15/07 for a
Public Hearing) (To be advertised for a Public Hearing)
07O0980(11)
An
Ordinance by Councilmember Kwanza Hall to abandon
a portion of Castleberry Street, SW located between Peters Street and the
Railroad right-of-way consisting of 0.115 acre more or less, and being more
specifically described as Tract “4” in the attached Exhibit “A” lying
and being in Land Lot 84 of the 14th District, Fulton County,
Georgia; and for other purposes. (Held 5/15/07 for a Public Hearing)
(To be advertised for a Public Hearing)
07R1214(12) A Resolution by City Utilities Committee authorizing the Mayor to issue a Notice to Proceed to Jacobs/PRAD/PBS & J, Joint Venture, for FC-7619-03D, Annual Contract for Architectural and Engineering Services, White Paper Study for the Policy Level Analysis of Security Options for Drinking Water Assets, in an amount not to exceed $48,250.48; all contracted work will be charged to and paid from Fund, Account and Center Number: 2J01 (Water & Wastewater Revenue Fund) 524001 (Consultant/Professional Services) Q12001 (Watershed Security); and for other purposes. (Held 6/12/07 at the request of Councilmember Shook for further review.)
07O1330(13) An
Ordinance by Councilmember Ivory L. Young, Jr. to abandon
that portion of James P. Brawley Drive, SW, between Parsons Street and Beckwith,
lying in Land Lot 109, 14th District, Fulton County, Georgia,
consisting of approximately 0.363 acre and being more specifically described in
the attached Exhibit “A”; and for other purposes.
(Held 6/26/07 for a Public
Hearing)
07O1335(14) An Ordinance by Councilmember Clair Muller as substituted by City Utilities Committee to amend Chapter 130 of the Solid Waste Management Code, Section 130-38, to clarify recycling requirements and City’s enforcement powers regarding multi-family dwellings. (Held 6/26/07 at the request of the author for further review.) (Substituted and held 8/28/07, awaiting a review from the Condominium Association.)
07R1477(15) A Resolution by City Utilities Committee approving the Department of Public Works use of that certain section of Chastain Park along Powers Ferry Road for the purpose of widening the bridge over Nancy Creek and maintaining the same in perpetuity and for the purpose of placing and maintaining a drainage system in perpetuity, whereby said DPW use shall not interfere with the use of said property as parkland; and for other purposes. (Held 7/31/07 for further review)
07O1521(16)
An Ordinance by Councilmember Natalyn M. Archibong to amend Chapter 138
of the Code of Ordinances of the City of Atlanta so as to create a new Article
VIII to be entitled “Outdoor Dining Areas”; to amend Article II of Chapter
138 so as to create a new Division 8 to be entitled “Outdoor Dining Areas”;
to establish procedures for the authorization of restaurants that wish to
provide Outdoor Dining Services; and for other purposes.
(Held 7/31/07) (Work session
was held 9/13/07) (Next Work session 10/12/07 at 9:30)
07O1907(17)
An Ordinance by Councilmember Cleta Winslow to abandon
public streets known as Abbott Street and Baldwin Place, located in the City of
Atlanta and to convey said abandoned streets at no cost to the Housing Authority
of the City of Atlanta, Georgia; to waive the provisions of Section 2-1578 of
the City Code provided, however, that Section 2-1578 (c)(3) requiring certain
notifications and Section 138-9 insofar as it relates to the advertisement and
public hearing requirement, shall not be waived; and for other purposes.
(Held 9/11/07 for a Public
Hearing)
07R1911(18) A
Resolution by Councilmember Carla Smith authorizing payment of stipulated
penalties imposed by the Environmental Protection Agency (EPA) and the
Environmental Protection Division of the Department of Natural Resources of the
State of Georgia (EPD) in the amount of $
as stipulated penalties for the violation of CSO Fecal Coliform
Operational Standards
pursuant to the CSO
Consent Decree, Civil Action File No. 1:95-CV-2550-TWT; to identify the source
of funding; and for other purposes.
(Held 9/11/07)
( 19) Appraisal of abandoned portion of
07R1944(20)
A Resolution by City Utilities Committee authorizing
the Mayor to execute Amendment No. 3 for the agreement with Southeast Energy
Assistance for FC-6005007948, Care and Conserve Program, on behalf of the
Department of Watershed Management to provide for the continued administration
of the program in an amount not to exceed $977,561.60 to charge to and paid from
Various Fund, Account and Center Numbers; and for other purposes. (Held 9/25/07)
07O2016(21) An Ordinance by Councilmember Felicia A. Moore to abandon portions of Smokey Road, NW between Church Street and Dead-End of Smokey Road and Church Street, NW between Smokey Road and Perry Boulevard and being more specifically described in the attached Exhibit “A” lying and being in Land Lot 252 of the 17th District, Fulton County, Georgia; and for other purposes. (To be advertised for a Public Hearing) (Held 9/25/07)
07O2023(22) An
Ordinance by Councilmember Carla Smith, authorizing the Mayor or her designee to
waive the sidewalk requirements of Section 15-09.003 of the City of Atlanta Code
of Ordinances, to provide that a certain Subdivision SD-06-83, (701 Pershing
Avenue, SE) applicant deposit a dollar amount ($5,870.00) equal to the value of
the required sidewalk construction into a designated Trust Fund Account for
District 1; and for other purposes. (Held
9/25/07)
MEMBERS PRESENT: SMITH, SHOOK, ARCHIBONG, MITCHELL & MULLER
PUBLIC SAFETY AND
LEGAL
PAPERS HELD IN COMMITTEE
06R0433( 1)
Claim of Robert Colgin,
for damages alleged to have been sustained as a result of flooding on July 9,
2005 at 3340 Chatham Road, NW. (Referred
back by Council 2/20/06) (Held 2/28/06 for further investigation at the request
of Councilmember Muller)
06O1044( 2) An Ordinance by Councilmembers H. Lamar Willis and C. T. Martin to amend the Code of Ordinances of the City of Atlanta, Georgia, Chapter 162, Article 2, Section 162-61(a) and Chapter 162, Article 2, Section 162-34(f) to allow short breaks in service for Taxicabs; to allow the Chief of Police or his designee, discretion to grant further extension for correction slip matters; to repeal conflicting ordinances; and for other purposes. (Held 5/9/06 at the request of Councilmember Martin)
06O1142( 3)
An Ordinance by Public Safety and Legal Administration Committee to waive
Section 2-1854 of the City of Atlanta Code of Ordinances to allow for the
re-appointment of Barney Simms to the License Review Board; and for other
purposes. (Held
6/13/06 for further review)
06O1601( 4)
An Ordinance by Councilman C. T. Martin to amend Article XXIII (Entitled
“Vending on Public Property”), Division 1, Section 30-1401, of the Code of
Ordinances of the City of Atlanta, Georgia, so as to exempt Disabled Veterans
from most of the provisions of the Public Property Vending Code; to waive
conflicting ordinances; and for other purposes. (Held
8/15/06 for further review)
06O1908( 5) An Ordinance by Public Safety and Legal Administration Committee amending Chapter 162, Article II, Division 1, Section 162-33 of the Code of Ordinances of the City of Atlanta, Georgia (“City”), on behalf of the Department of Police, Bureau of Taxicabs and Vehicles for Hire (“Department”), for the purpose of increasing the fees the City assesses Taxicab Drivers and Taxicab Companies in order to offset the funding that’s provided by the City to subsidize the Department’s Operating Budget; to create a Taxicab Re-Inspection Fee; and for other purposes.
(Held
9/12/06 for a work session)
07O0078( 6)
An Ordinance by Councilmember Cleta Winslow as
amended by Full Council to amend Chapter 30, Article II, Section 30-26 (b),
of the City of Atlanta Code of Ordinances, so that meetings of the License
Review Board are not held during the month of December; and for other purposes.
(Amended by Full Council and referred back by Council 1/16/07) (Held
1/30/07 so that a copy of the ordinance can be forwarded to the NPU’s for
review and comment)
07O0249( 7)
An Ordinance by Councilmembers Kwanza Hall and Cleta Winslow authorizing
the Mayor or her designee to grant an exemption to the City’s Distance
Requirements for on-premise consumption of alcohol and the sale of wine by the
package on the 300 block of Walker Street. (Held
2/13/07 for further review.)
07R0545( 8)
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. (Referred
back from Council 4/16/07) (Held 5/1/07 at the request of Councilmember
Shook.)
07O1522( 9) An Ordinance by Councilmembers Anne Fauver and Natalyn Archibong to amend Chapter 18, Article I, of the Code of Ordinances of the City of Atlanta, so as to prohibit the practice of inhumanely chaining or tethering dogs; and for other purposes. (Held 7/31/07 at the request of the author for further review.)
07O1525(10) An
Ordinance by Councilmember Joyce Sheperd to amend Section 122-172 under Chapter
122, Article V, Division 2, of the Code of Ordinances, so as to provide for a
review by the affected Neighborhood Planning Unit(s) whenever an application for
a license to operate a Secondary Metal Recycler is submitted; and for other
purposes. (Held 7/31/07 at the request of
the author for further review. 9/25/07 a motion was approved to forward to the
NPU’s for review.)
07O1526(11)
An
Ordinance by Councilmember Joyce Sheperd to amend Section 30-1503(a) under
Chapter 30, Article XXV, of the Code of Ordinances, so as to provide for a
review by the affected Neighborhood Planning Unit(s) whenever an application for
a license to operate a Self-Service Car Wash is submitted; and for other
purposes. (Held
7/31/07 at the request of the author for further review. 9/25/07 a motion was
approved to forward to the NPU’s for review.)
07O1795(12) An Ordinance by Councilmember H. Lamar Willis to establish Chapter 21 of the Code of Ordinances of the City of Atlanta entitled “Transportation of Hazardous Materials”; to create a new Article I to be entitled “Terrorism Prevention in Hazardous Materials Transportation Act of 2007,” to create a new Division 1 to be entitled “Terrorism Prevention in Hazardous Materials Transportation Act of 2007”; so as to prohibit large shipments of certain extremely hazardous materials near the City of Atlanta in an effort to reduce the risk of attacks by terrorists; to allow for the issuance of permits authorizing such shipments in special cases; to require the Mayor to issue regulations to implement the provisions of this act; and for other purposes. (Held 8/28/07 for further review.)
07O1800(13) An Ordinance by Councilmembers C. T. Martin, Ceasar C. Mitchell, H. Lamar Willis, Ivory L. Young, Jr. and Joyce Sheperd as substituted by Public Safety and Legal Administration Committee to create Section 106-13 of the Code of Ordinances of the City of Atlanta, Georgia to be entitled “Wearing of Pants Below the Waist in Public, Unlawful”; to waive conflicting ordinances; and for other purposes. (Held 8/28/07 at the request of the author for a work session and a public hearing.) (Substituted and held 9/11/07)
07O1879(14)
An Ordinance by Public Safety and Legal Administration Committee to
revise the City of Atlanta Code of Ordinances pertaining to secondary metal
recyclers by amending the following Sections of Chapter 122, Article V,
Divisions I and II; Section 122-151 (Definitions); Section 122-152 (Records
Required); and Section 122-157 (Unlawful Acts); Section 122-171 (Required
Application); to add the following new Sections to Chapter 122, Article V,
Divisions I and II of the City of Atlanta Code of Ordinances: Section 122-158
(Daily Written Report to Police); Section 122-159 (Offenses; Defenses, Penalty);
Section 122-160 (Possessor of Secondary Metals); Section 122-161 (License to
Possess Secondary Metals); Section 122-162 (Revocation of License to Possess
Secondary Metals); and Section 122-170 (Processing Application; Issuance of
License, Possessor of Secondary Metals); to waive conflicting ordinances; and
for other purposes. (Held
9/25/07, because this ordinance creates a new fee and for the purpose of
fulfilling the requirements of City Code Section 2-105 which include holding a
Public Hearing and review by the NPU’s .)
07O1900(15) An
Ordinance by Councilmember Kwanza Hall to amend Section 10-129 of the Code of
Ordinances of the City of Atlanta so as to provide new requirements for Wine
Tasting Events at Wine Specialty Shops; and for other purposes. (Held 9/11/07 at the request of the Law Department)
07O1905(16) An
Ordinance by Councilmember
MEMBERS PRESENT:
WINSLOW, SMITH, FAUVER & WILLIS
TRANSPORTATION COMMITTEE
CLAIR MULLER, CHAIR
ORDINANCE
FOR SECOND
07O1497( 1)
An Ordinance by Transportation Committee to create an All-Way Stop at the
intersection of Cumberland Road, N.E. and N. Morningside Drive, N.E.; and for
other purposes. (Referred back to Transportation Committee by Council 9/17/07.)
FILE
RESOLUTIONS
07R1949( 1) A Resolution by Transportation Committee authorizing the Mayor to execute an Airport Use License Agreement with Kitty Hawk Aircargo, Inc. for operations at Hartsfield-Jackson Atlanta International Airport; and for other purposes.
FAVORABLE
ON CONDITION (4 YEA’S) (1 ABSTENTION)
07R1950( 2) A Resolution by Transportation Committee authorizing the Mayor to execute an appropriate Agreement with artist Tim Prentice, for the City of Atlanta’s Public Art Program, on behalf of the Department of Aviation in an amount not to exceed $210,000.00; all contracted work shall be charged to and paid from Fund, Account and Center Number 2H35 (2006 Airport CONRAC Bond Fund) 576001 (Art) R21E070693CT (CONRAC Center (ATM)).
FAVORABLE ON CONDITION (4 YEA’S) (1 NAY)
PAPERS HELD IN COMMITTEE
06O0489( 1) An Ordinance by Councilmember Joyce M. Sheperd authorizing the Mayor or her designee to study vehicular and pedestrian traffic on Metropolitan Parkway to determine the placement of additional traffic cal