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ATLANTA CITY COUNCIL
AGENDA
Monday,
October 15, 2007
Note: A complete listing of
items 5 and 8 may not appear in this version.
Order of Business for the
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
5
13.
Report of Standing Committees
Committee Chairs
Pages
Transportation Committee
Clair Muller
37
Community Development/Human
Resources Committee
Jim Maddox
40
Zoning Committee
Ivory L. Young, Jr.
49
Finance/Executive Committee
Howard Shook
73
Committee on Council**
Felicia A. Moore
79
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
10, 14, 23 & 74)
8.
COMMUNICATIONS
07-C-2164 ( 1)
A Communication by Councilmember
Joyce Sheperd appointing Ms.
Kim Benjamin to the Elected Officials Compensation Commission, scheduled
to begin on the date of Council confirmation.
TO
BE REFERRED TO COMMITTEE ON COUNCIL
07-C-2165 ( 2)
A Communication by Councilmember
Anne Fauver appointing Ms.
Melinda Moseley to serve as a member of the Elected Officials
Compensation Commission, scheduled to begin on the date of Council confirmation.
TO
BE REFERRED TO COMMITTEE ON COUNCIL
07-C-2166 ( 3)
A Communication by Councilmember
C. T. Martin appointing Mrs.
Jeanette Johnson to serve as a member of the Elected Officials
Compensation Commission, scheduled to begin on the date of Council confirmation.
TO
BE REFERRED TO COMMITTEE ON COUNCIL
07-C-2167 ( 4)
A Communication by Councilmember
Felicia A. Moore, Chair, Committee on Council submitting the nominations
made by Councilmembers Sheperd, Martin and Fauver to the Elected Officials
Compensation Commission.
RECOMMENDATION
TO FILE
07-C-2176 ( 5)
A Communication by Mayor Shirley
Franklin re-appointing Mr.
Charles Taylor to serve as a member of the Civil Service Board for the
City of Atlanta. This re-appointment
is for a term of three (3) years, scheduled to begin on the date of Council
confirmation.
TO
BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE AND COMMITTEE ON COUNCIL
07-C-2177 ( 6)
A Communication by Mayor Shirley
Franklin re-appointing Mr.
David J. Payne to serve as a member of the Elected Officials
Compensation Commission for the City of Atlanta. This appointment is for a
term to expire on the date of the next regular Municipal Election to be held in
November 2009 (pursuant to City Charter, Section 2-701 et seq.). No
Council confirmation is required for this appointment.
RECOMMENDATION
TO FILE
07-C-2178 ( 7)
A Communication by Mayor Shirley
Franklin re-appointing Ms.
Corliss Claire to serve as a member of the Keep Atlanta Beautiful Board
of Directors for the City of
TO
BE REFERRED TO CITY UTILITIES COMMITTEE AND COMMITTEE ON COUNCIL
07-C-2179 ( 8)
A Communication by Mayor Shirley
Franklin re-appointing Ms.
Kathleen Jackson Bertrand to serve as a member of the Keep Atlanta
Beautiful Board of Directors for the City of
TO
BE REFERRED TO CITY UTILITIES COMMITTEE AND COMMITTEE ON COUNCIL
07-C-2180 ( 9)
A Communication by Mayor Shirley
Franklin re-appointing Mrs.
Tahmida Shamsuddin to serve as a member of the Municipal Market Board of
Directors in the Accounting Category for the City of Atlanta. This
re-appointment is for a term of two (2) years, scheduled to begin on the date of
Council confirmation.
TO
BE REFERRED TO COMMUNITY DEVELOPMENT AND HUMAN RESOURCES COMMITTEE AND COMMITTEE
ON COUNCIL
07-C-2181 (10)
A Communication by Mayor Shirley
Franklin re-appointing Councilmember
Ceasar C. Mitchell to serve as a member of the Piedmont Park Conservancy
Board for the City of Atlanta. This
re-appointment is for a term of one (1) year and does not require Council
confirmation.
RECOMMENDATION
TO FILE
07-C-2182 (11)
A Communication by Mayor Shirley
Franklin re-appointing Mr. J.
C. Love, III to serve as a Taxicabs & Vehicles for Hire Hearing
Officer for the City of Atlanta. This
re-appointment is for a term of two (2) years, scheduled to begin on the date of
Council confirmation.
TO
BE REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE AND COMMITTEE ON
COUNCIL
07-C-2183 (12)
A Communication by Mayor Shirley
Franklin re-appointing Mr.
Timothy J. Santelli to serve as a Taxicabs & Vehicles for Hire
Hearing Officer for the City of Atlanta. This
re-appointment is for a term of two (2) years, scheduled to begin on the date of
Council confirmation.
TO
BE REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE AND COMMITTEE ON
COUNCIL
07-C-2184 (13)
A Communication by Mayor Shirley
Franklin re-appointing Mr. C.
Cooper Knowles to serve as a Taxicabs & Vehicles for Hire Hearing
Officer for the City of Atlanta. This
re-appointment is for a term of two (2) years, scheduled to begin on the date of
Council confirmation.
TO
BE REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE AND COMMITTEE ON
COUNCIL
07-C-2185 (14)
A Communication by Mayor Shirley
Franklin re-appointing Ms.
Cynthia Mitchell to serve as a member of the Zoning Review Board in the
Real Estate Category for the City of Atlanta. This
re-appointment is for a term of two (2) years, scheduled to begin on the date of
Council confirmation.
TO
BE REFERRED TO ZONING COMMITTEE AND COMMITTEE ON COUNCIL
C
O N S E N T A
G E N D A
There will be no separate discussion of these
items. If discussion on any item is
desired, the item will be removed from the Consent Agenda and will be considered
separately - excerpt from 11.2, Consent Agenda; Rules for the Conduct of
Business for the Council of the City of Atlanta.
SECTION I
ORDINANCES FOR SECOND
CITY UTILITIES COMMITTEE - CARLA SMITH, CHAIR
07O2132( 1) An Ordinance by Councilmember Howard Shook correcting Ordinance Number 07O0985 which abandoned a portion of Bolling Way between Pharr Road and Buckhead Avenue and also abandoned a portion of Bolling Way located immediately north of the intersection of Bolling Way with Buckhead Avenue; and for other purposes.
PUBLIC SAFETY AND LEGAL
ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR
07O1900 ( 2) An Ordinance by Councilmember Kwanza Hall as substituted by Public Safety and Legal Administration Committee to amend Chapter 10, Sections 10-1, 10-60(a)(1)(c) and 10-129 of the Code of Ordinances of the City of Atlanta so as to provide new requirements for Wine Tasting Events to be held on the premises of licensed Wine Specialty Shops; and for other purposes.
07O2135( 3)
An Ordinance by Councilmember Cleta Winslow to amend the provision of the
City of Atlanta Code of Ordinances forbidding persons under specified ages from
entering, remaining in, or loitering at certain licensed premises as codified in
Chapter 10, Article I, Section 10-12 entitled “Persons Under Specified Ages
Forbidden To Enter, Remain In Or Loiter At Certain Licensed Premises”, to
strengthen efforts to curb underage drinking; to repeal conflicting ordinances;
and for other purposes.
06O0787( 4)
An Ordinance by Councilmember Ceasar C. Mitchell as
substituted and amended by Finance/Executive Committee to amend the Code of
the City of Atlanta, Georgia by adding to Section 2-183; Department Heads Under
Supervision and Direction of the Mayor; Exception Responsibilities; and for
other purposes. (Substituted and held
3/29/06 at the request of the author; Substituted and held 9/26/07 at the
request of the Committee.)
07O2143( 5) An Ordinance by Councilmember Jim Maddox as substituted by Finance/Executive Committee appropriating the amount of $70,155.00 for the purpose of providing Service Grants to various Advisory Committees on International Relations (ACIR) Member Organizations; and for other purposes.
RESOLUTIONS
CITY UTILITIES COMMITTEE - CARLA SMITH, CHAIR
07R2029( 1) A Resolution by City Utilities Committee authorizing the Mayor to issue a Notice-to-Proceed to Metcalf & Eddy/Cardoza Engineers, Joint Venture for FC-7619-03E, Annual Contract for Architectural and Engineering Services for Engineering Design Services for the South River Basin Pump Station and Relief Sewers, on behalf of Department of Watershed Management, in an amount not to exceed $1,793,314.00; all contracted work shall be charged to and paid from Fund, Account and Center Number: 2J21 (Water & Wastewater Renewal & Extension Fund) 524001 (Consultant/Professional Services) Q38I015494DA (South River Basin Relief Project); and for other purposes.
07R2030( 2)
A Resolution by City Utilities Committee authorizing the Mayor, on behalf
of the Department of Public Works, to enter into Tie-Back Agreement, with TCRA
Properties, Inc., for a construction easement at the St. Regis Plaza Phase II,
88 West Paces Ferry Road; and for other purposes.
07R2031( 3)
A Resolution by City Utilities Committee authorizing the Mayor, on behalf
of the City of Atlanta, to enter into an Encroachment Agreement for
non-conforming uses, with Crawford Long Hospital, for the purpose of installing
two (2) underground diesel fuel tanks with pipelines running under
07R2032( 4) A Resolution by City Utilities Committee authorizing the Mayor to enter into Renewal Agreement No. 1 with Compliance EnviroSystem, LLC for FC-6005007987, Sewer System Evaluation Survey of Wastewater Collection and Transmission System Sewer Groups 3 and 4-Contract B, on behalf of the Department of Watershed Management in an amount not to exceed $2,520,217.87; all contracted work will be charged to and paid from Fund, Account and Center Numbers: 2J28 (2004 Water & Wastewater Bond Fund) 524001 (Consultant/Professional Services) Q38I02979999 (SSES Groups 2 & 3); and for other purposes.
07R2033( 5) An Amended Resolution by City Utilities Committee authorizing the Mayor to enter into Renewal Agreement No. 1 with AUI, LLC for FC-3006007947, Annual Contract for Large Diameter Sewer Cleaning and Pipeline Assessment, on behalf of the Department of Watershed Management, in an amount not to exceed $4,030,171.60; all contracted work to be charged to and paid from Fund, Account and Center Number: 2J28 (2004 Water & Wastewater Bond Fund) 524001 (Consultant/Professional Services) Q38I06249999 (Large Diameter Clean, Find & Fix); and for other purposes.
07R2034( 6)
A Resolution by City Utilities Committee authorizing the Mayor to issue a
Notice-to-Proceed to Atlanta Services
Group, a Joint Venture for FC-7619-03B, Annual Contract for Architectural and
Engineering Services for the Flint River Transmission Main Phase 2-Construction
Management Services on behalf of Department of Watershed Management, in an
amount not to exceed $627,474.00; all contracted work will be charged to and
paid from Fund, Account and Center Number: 2J28
(2004 Water & Wastewater Fund) 524001 (Consultant/Professional Services)
Q34I15039999 (Flint River Force Main); and for other purposes.
07R2036( 7) A Resolution by City Utilities Committee authorizing the Mayor to enter into Renewal Agreement No. 1 with Camken-Reynolds, LLC for FC-6005007986, Sewer System Evaluation Survey of Wastewater Collection and Transmission System, Sewer Groups 3 and 4-Contract A, on behalf of the Department of Watershed Management in an amount not to exceed $2,020,217.87; all contracted work will be charged to and paid from Fund, Account and Center Number: 2J28 (2004 Water & Wastewater Bond Fund) 524001 (Consultant/Professional Services) Q38I02979999 (SSES Groups 2 & 3); and for other purposes.
07R2038( 8) A Resolution by City Utilities Committee authorizing the Mayor to enter into an agreement with Full Circle Communications, for FC-6007000064, Annual Contract for Public Relations and Media Campaign, on behalf of the Department of Public Works, in an amount not to exceed $263,408.00; all contracted work will be charged to and paid from Fund, Account and Center Number: 1A01 (General Fund) 524001 (Consultant/Prof. Services) M38301 (Recycling and Collection); and for other purposes.
07R2039( 9) 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 for the Sanitary Sewer Evaluation Survey (SSES) and Sewer Rehabilitation Support Services, on behalf of Department of Watershed Management, in an amount not to exceed $3,932,522.88; all contracted work will be charged to and paid from Fund, Account and Center Number: 2J28 (2004 Water & Wastewater Bond Fund) 524001 (Consultant/Professional Services) Q38I02989999 (Sewer Group 2 Rehabilitation); and for other purposes.
07R2040(10)
A Resolution by City Utilities Committee authorizing the Mayor to enter
into an agreement with Garney Companies/Lori’s Transportation, JV for
FC-3007007995, Flint River Transmission Main Phase II, on behalf of the
Department of Watershed Management, in an amount not to exceed $8,969,690.00;
all contracted work will be charged to and paid from Various Fund, Account and
Center Numbers; and for other purposes.
07R2041(11) A Resolution by City Utilities Committee authorizing the Mayor to enter into Renewal Agreement No. 1 with Southeast Pipe Survey, Inc., for FC-6005007988, Sewer System Evaluation Survey of Wastewater Collection and Transmission System Sewer Groups 3 and 4-Contract C, on behalf of the Department of Watershed Management in an amount not to exceed $1,540,217.87; all contracted work will be charged to and paid from Fund, Account and Center Number: 2J28 (2004 Water & Wastewater Bond Fund) 524001 (Consultant/Professional Services) Q38I02979999 (SSES Groups 2 & 3); and for other purposes.
07R2042(12) A Resolution by City Utilities Committee authorizing the Mayor to enter into Renewal Agreement No. 1 with Kemi Construction Company, Inc., for FC-3006007935, Annual Sanitary Sewer Construction Contract, of behalf of the Department of Watershed Management; and for other purposes.
07R2119(13) A Substitute Resolution by City Utilities Committee authorizing the Mayor to accept and to execute an agreement between the City of Atlanta and Fulton County Soil and Water Conservation District to assume the responsibility for the review and approval of erosion and sediment control plans from the Fulton County Soil and Water Conservation District to the City of Atlanta; and for other purposes.
07R2120(14)
A Resolution by City Utilities Committee authorizing the Mayor to issue a
Notice-to-Proceed to Atlanta Services
Group for FC-7619-03B, Annual Contract for Architectural and Engineering
Services for Engineering Design Services for the South River Basin Relief Sewer
Tunnel on behalf of the Department of Watershed Management, in an amount not to
exceed $3,325,887.00; all contracted work shall be charged to and paid from
Fund, Account and Center Number: 2J21
(Water & Wastewater Renewal & Extension Fund) 524001
(Consultant/Professional Services) Q38I015494DA (South River Basin Relief
Projects); and for purposes.
07R2133(15) A Resolution by Councilmember Howard Shook as amended by City Utilities Committee authorizing the Mayor on behalf of the City of Atlanta (“City”), to enter into an Encroachment Agreement for non-conforming uses, with Mansion Centre Holding, LLC., for the purpose of the installing a canopy on Stratford Road, NE on the City’s right-of-way; and for other purposes.
07R2159(16) A Resolution by City Utilities Committee authorizing the
*** Mayor to enter into and execute a cost participation agreement and other necessary agreement with property owners receiving Federal Emergency Management Agency (FEMA) Grant Assistance from the FEMA Mitigation Assistance Program (“FEMA Grant”) for the elevation of residential structures with repetitive losses due to flooding events in the area of Peachtree Creek; to authorize the Commissioner of the Department of Watershed Management and the City Attorney to prepare all appropriate documentation and agreements necessary to participate in the FEMA Grant; that all costs associated with the elevations be charged to and paid from Fund, Account and Center Number: 1C51 (Capital Finance Fund) 574001 (Facilities other than Buildings) Q11P1111B6F0 (Peachtree Creek Homes Elevations), in accordance with the FEMA Mitigation Assistance Program Guidelines; and for other purposes.
07R2161(17) A Resolution by City Utilities Committee authorizing the
*** Mayor or her designee to issue a Notice to Proceed to Jacobs/PRAD/PBS&J, a Joint Venture (“JP2”) pursuant to FC-7619-03D, Annual Contract for Architectural and Engineering Services, for the purpose of providing all necessary Engineering, Design and Acquisition Services for the elevation of certain residential homes and the acquisition of certain properties associated with the City’s participation in the Federal Emergency Management Agency (FEMA) Grant Assistance from the FEMA Mitigation Assistance Program (“FEMA Grant”) in an amount not to exceed $663,641.58; all contracted work shall be charged to and paid from Various Fund, Account and Center Numbers.
07R2048(18) A Resolution by Public Safety and Legal Administration Committee authorizing the City Attorney to enter into a settlement with a condemnee in the matter of The City of Atlanta v. 1600 Peachtree, LLC, Civil Action File No. 2005CV109910, in the Superior Court of Fulton County, Georgia, in an amount not to exceed $145,000.00, to be paid from Fund, Account and Center Number: 2J28 (2001 Water and Wastewater Bond Fund) 572001 (Easements) Q38I02679999 (West Tunnel); and for other purposes.
07R2124(19) A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to enter into a Renewal Lease Agreement with the Simon Property Group for the rental of approximately 2,846 square feet of office space located at 3393 Peachtree Road, Suite 2015, Lenox Mall, Atlanta, Georgia, for the Department of Police Zone Two Sub-station, beginning November 1, 2007 until October 31, 2010, in an amount not to exceed $1.00 per year to be charged to and paid from Fund, Account and Center Number: 1A01 (General Fund) 525001 (Rentals/Leases Non-Capital) X42202 (Zone Two); and for other purposes.
07R2125(20) A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to enter into a Renewal Lease Agreement with ASI Properties, Inc., for the rental of 5,026 square feet of office space located at 3120 Maple Drive, Atlanta, Georgia, for the Department of Police Zone Two Precinct from the period of February 1, 2008 until January 31, 2009, at a Rental Rate of $88,206.30 per year to be charged to and paid from Fund, Account and Center Number: 1A01 (General Fund) 525001 (Rentals/Leases Non-Capital) X42201 (Zone 2); and for other purposes.
TRANSPORTATION COMMITTEE
- CLAIR MULLER, CHAIR
07R2112(21) A Resolution by Transportation Committee authorizing the Mayor to execute a Consent to Sublease and an Amendment to the Existing Lease for Delta Air Lines’ General Office Space at Hartsfield-Jackson Atlanta International Airport to permit Delta Air Lines, Inc. to sublease space to the Delta Air Transport Heritage Museum for Aviation oriented and non aviation oriented uses; and for other purposes.
07R2113(22) A Resolution by Transportation Committee authorizing the Mayor to execute an Amendment with the Atlanta Airlines Terminal Corporation for the reconfiguration of the Customs Border Patrol Secondary Screening Area, for a cost to the City not to exceed $3,400,000.00 to be charged to and paid from Fund, Account and Center Number: 2H21 574001 R21E012493DA (Airport Renewal and Extension Fund, Fac. other than Buildings, Terminal Improvement CP (Non-AMT)); and for other purposes.
COMMUNITY DEVELOPMENT/
07R2144(23) A Resolution by Councilmember Jim Maddox expressing Atlanta City Council support for “Winter Holidays Around the World” to be hosted by Underground Atlanta; and for other purposes.
07R2121(24) A Resolution by Community Development/Human Resources Committee authorizing the Mayor to enter into contracts with Beacon of Hope, Bethursday Development Corporation, University Community Development Corporation, Summech Community Development Corporation, Historic District Development Corporation and Tyler Place Community Development Corporation for the Community Housing Development Organization Operating Grant Program; and for other purposes.
FINANCE/EXECUTIVE COMMITTEE
- HOWARD SHOOK, CHAIR
07R2116(25) A Substitute Resolution by Finance/Executive Committee authorizing the Chief Procurement Officer to utilize the State of Georgia Contract S-000546-043 with Cisco Systems, Inc. for the purchase of Cisco Security and Wireless Equipment on behalf of the Department of Watershed Management in an amount not to exceed $138,231.20; all contracted work shall be charged to and paid from Fund, Account and Center Number 2J21 (Water and Wastewater Renewal & Extension Fund) 521105 (Supplies, Non-Consumable) Q65301 (Water System Repair – Chastain); and for other purposes.
07R2117(26) A Substitute Resolution by Finance/Executive Committee authorizing the Mayor to execute Amendment No. 3 with Rockdale Pipeline Inc./Integral Municipal Services, Inc., A Joint Venture, for FC-7712-04A, Annual Pipelaying Services, on behalf of the Department of Watershed Management, in an amount not to exceed $6,000,000.00; all contracted work shall be charged to and paid from Fund, Account and Center Number 2H35 (2006 Airport CONRAC Bond Fund) 573001 (FAC. Buildings) R21E070693CT (CONRAC Center AMT).
07R2118(27) A Resolution by Finance/Executive Committee authorizing the Mayor to execute an Agreement, on a Sole Source Basis under Section 2-1191 of the City’s Code of Ordinances, with the Mitre Corporation for Safety Analysis for Taxiing Under Approach Operations at Hartsfield-Jackson Atlanta International Airport, for a cost to the City not to exceed $278,250.00 to be charged to and paid from Fund, Account and Center Number 2H21 (Airport Renewal and Extension Fund) 574001 (Fac. other than Buildings) R21E060979999 (Building Maintenance – P&D); and for other purposes.
07R2126(28) A Resolution by Finance/Executive Committee to correct the Monthly Payment amount of a Lease Agreement Renewal contained in Resolution 07R1353 adopted by the Atlanta City Council on July 2, 2007 and approved by the Mayor on July 5, 2007; and for other purposes.
07R2128 (29) A Substitute Resolution by Finance/Executive Committee authorizing the Mayor, on behalf of the Office of Facilities Management, to enter into Amendment Agreement No. 2 with Dothan Security, Inc., for FC-6005007888B, Citywide Security Guard Services, to include additional sites and funding, for the Office of Traffic & Transportation, the Office of Facilities Management in an amount not to exceed $1,610,258.00. All contracted work shall be charged to and paid from the Fund, Account, and Center Numbers listed herein; and for other purposes.
07R2134(30)
A Resolution by Councilmember Kwanza Hall as
substituted and amended by Finance/Executive Committee supporting
07R2149(31) A Resolution by Finance/Executive Committee establishing procedures for entering into Qualified Interest Rate Management Agreements for debt.
07R2162(32)
A Resolution by Finance/Executive Committee authorizing
***
the Mayor or her designee to enter into a Cooperative Purchasing
Agreement pursuant to Section 2-1601 et seq. of the City of Atlanta Code of
Ordinances, utilizing the State of Georgia Contract GS-35F-0009T with Oracle
USA, Inc. for Continued Staffing Services on a time and materials basis through
June 30, 2008, on behalf of the Department of Finance, in an amount not to
exceed $3,195,938.00; all contracted work to be charged to and paid from Fund,
Account and Center Number: 1C51 (Capital Finance Fund) 524001 (Consultant/ Prof.
Services) T33401 (ERP Project); and for other purposes.
PUBLIC SAFETY AND LEGAL
Claims with favorable recommendations:
07-R-2049 ( 1)
Claim of Gene P. Chandler,
for damages alleged to have been sustained as a result of driving over a
construction cut on December 27, 2006 at 1180 Ralph David Abernathy Boulevard,
SW.
$773.89
07-R-2050 ( 2)
Claim of Lesia Smith,
for damages alleged to have been sustained as a result of walking onto a broken
water meter top on March 7, 2007 at 1170 Collier Road.
$800.00
07-R-2051 ( 3)
Claim of Randall N. Mutter,
for vehicular damages alleged to have been sustained from an automobile accident
on August 20, 2007 at Williams and 16th Streets, NW. $847.92
07-R-2052 ( 4)
Claim of Atlanta Gas Light
Company, through its attorney, John C. Williams, for damages alleged to
have been sustained as a result of damaging underground gas pipes on March 5,
2007 at the 7260 Selkirk Drive, Sandy Springs.
$1,006.98
07-R-2053 ( 5)
Claim of Progressive, as
subrogee of Lakeisha White, for damages alleged to have been sustained
as a result of an automobile accident on August 1, 2007 at Donald Lee Hollowell
Parkway and Yates Drive.
$1,641.44
07-R-2054 ( 6)
Claim of Craig Aldon Powell,
for damages alleged to have been sustained as a result of driving over a metal
plate on July 25, 2007 at 2191 Campbellton Road. $1,873.50
07-R-2055 ( 7)
Claim of Gerald L. Bottoms,
for damages alleged to have been sustained as a result of an automobile accident
on August 2, 2007 on Interstate 75/85 northbound at 10th Street.
$2,425.73
07-R-2056 ( 8)
Claim of Giovanni Russo,
for vehicle damages alleged to have been sustained as a result of a recessed
manhole on August 9, 2007 at Marietta Street and Centennial Olympic Park Drive.
$3,709.86
07-R-2057 ( 9)
Claim of Tremelia Donaldson,
through her attorney, Robert Falanga, for damages alleged to have been
sustained as a result of a vehicular accident on May 3, 2006 at Martin Luther
King, Jr. Drive and
07-R-2058 (10)
Claim of Harry and Claire Baron,
for damages alleged to have sustained as a result of a vehicular accident on May
4, 2007 at 2205 Northside Drive.
$5,527.35
07-R-2059 (11)
Claim of AirTran Airways,
for vehicular damages alleged to have been sustained from an automobile accident
on August 1, 2007 at
07-R-2060 (12)
Claim of State Farm Insurance
Company, as subrogee of Beatrice Ingram for damages alleged to have been
sustained as a result of a vehicular accident on October 21, 2006 at 901 Simpson
Road.
$12,189.06
Claims with unfavorable recommendations:
07-R-2061 (13) Claim of Comcast, through its Representative, Phoenix Loss Control, for damages alleged to have been sustained as a result of a cable being cut on or around May 30, 2007 at Palmview Court Lot 156.
07-R-2062 (14) Claim of William Gene Bell, through his attorney, Curtis J. Dickerson, for damages alleged to have been sustained as a result of an arrest on June 24, 2006 at 1073 Piedmont Avenue, NE.
07-R-2063 (15) Claim of Daniel Eugene Hipp, through his attorney, Curtis J. Dickerson, for damages alleged to have been sustained as a result of an arrest on June 24, 2006 at 1073 Piedmont Avenue, NE.
07-R-2064 (16) Claim of James R. Shropshire II, for damages alleged to have been sustained as a result of driving through a construction area on April 24, 2007 at Monroe Drive between 8th and 10th Streets.
07-R-2065 (17) Claim of Leland W. Fidler, for damages alleged to have been sustained as a result of driving through a construction area on April 26, 2007 at Monroe Drive between 8th and 10th Streets.
07-R-2066 (18) Claim of John Marshall Zinn, for damages alleged to have been sustained as a result of the destruction of personal property on March 22, 2007 at 675 Ponce de Leon Avenue.
07-R-2067 (19) Claim of Douglas Charles Pitts, through his attorney, Curtis J. Dickerson, for damages alleged to have been sustained as a result of an arrest on June 24, 2006 at 1073 Piedmont Avenue, NE.
07-R-2068 (20) Claim of Nathan Wayne Dubreuiel, through his attorney, Curtis J. Dickerson, for damages alleged to have been sustained as a result of an arrest on June 24, 2006 at 1073 Piedmont Avenue, NE.
07-R-2069 (21) Claim of Francis N. Primavera, through his attorney, Curtis J. Dickerson, for damages alleged to have been sustained as a result of an arrest on June 24, 2006 at 1073 Piedmont Avenue, NE.
07-R-2070 (22) Claim of Troy Ginn, for damages allegedly sustained as a result of driving over an unsecured construction area on December 1, 2006 at East Wesley Road between Peachtree and Piedmont Roads.
07-R-2071 (23) Claim of Comcast, through its Representative, Phoenix Loss Control, for damages alleged to have been sustained as a result of a cable being cut on or around July 13, 2007 at Cut Bank Court, #184.
07-R-2072 (24) Claim of Comcast, through its Representative, Phoenix Loss Control, for damages alleged to have been sustained as a result of a cable being cut on or around May 17, 2007 at 5753 Harrier Lane, Fairburn.
07-R-2073 (25) Claim of Mark A. Zelazny, for damages alleged to have been sustained as a result of driving over a metal plate on February 1, 2007 at 282 Mount Paran Road, NW.
07-R-2074 (26) Claim of Bruce H. Faurot, for damages alleged to have been sustained as a result of driving over a metal plate on February 1, 2007 at 282 Mount Paran Road, NW.
07-R-2075 (27) Claim of Michael Scott, for damages alleged to have been sustained as a result of driving over a pothole on May 15, 2006 at the intersection of Ralph David Abernathy Boulevard and Metropolitan Parkway.
07-R-2076 (28) Claim of Merlinda Page, through her attorney, Joel H. Roth, for damages alleged to have been sustained as a result of a slip and fall incident due to a wet area on the floor on August 6, 2007 at Hartsfield-Jackson Atlanta International Airport.
07-R-2077 (29) Claim of Andrea Trass, through her attorney, Darrell L. Burrow, for damages alleged to have been sustained as a result of a slip and fall incident due to a liquid spill on the floor on July 19, 2007 at Hartsfield-Jackson Atlanta International Airport.
07-R-2078 (30) Claim of Danny Hawk, for damages alleged to have been sustained during a routine traffic check on March 27, 2007 at 1030 Wylie Street.
07-R-2079 (31) Claim of Atlantic Mutual, as subrogee of Michael and Helen Gordon Perkel, for damages alleged to have been sustained as a result of a sewer backup on April 15, 2007 at 655 River Chase Ridge, NW.
07-R-2080 (32) Claim of Christina Price, for damages alleged to have been sustained as a result of an automobile accident on January 9, 2007 at 2464 Claude Street.
07-R-2081 (33) Claim of Tommy Brundidge, for damages alleged to have been sustained as a result of driving over an uncovered manhole on May 12, 2007 at 397 Armour Drive.
07-R-2082 (34) Claim of Lauren Weil, for damages alleged to have been sustained to her invisible fence during the repair of a water meter on July 26, 2007 at 3257 Mathieson Drive.
07-R-2083 (35) Claim of Albert E. Barskey IV, for damages alleged to have been sustained as a result of driving over a construction cut on October 1, 2006 at 1134 Virginia Avenue, NE.
07-R-2084 (36) Claim of Lael Williams, for damages alleged to have been sustained as a result of driving over a construction cut on May 13, 2007 at 1166 Ralph David Abernathy Boulevard, SW.
07-R-2085 (37) Claim of Dan Williams, for damages alleged to have been sustained as a result of driving over unsecured metal plates on February 13, 2007 at 1180 Ralph David Abernathy Boulevard, SW.
07-R-2086 (38) Claim of Jeffrey D. Howard, for damages alleged to have been sustained as a result of driving over a construction cut on July 20, 2007 at the intersection of Lawton Street and Ralph David Abernathy Boulevard, SW.
07-R-2087 (39) Claim of Lydia K. Woltz, for damages alleged to have been sustained as a result of driving over unsecured metal plates on February 13, 2007 at 1176 Ralph David Abernathy Boulevard, SW.
07-R-2088 (40) Claim of Barbara A. Cooley, for damages alleged to have been sustained as a result of driving over a graded street on August 22, 2007 at the intersection of Ollie and Desota Streets.
07-R-2089 (41) Claim of Hosam Moustafa, for damages alleged to have been sustained as a result of driving through a construction area on March 21, 2007 at Monroe Drive between 8th and 10th Streets.
07-R-2090 (42) Claim of Brandon Pierce, for damages alleged to have been sustained as a result of driving through a construction area on April 26, 2007 at Monroe Drive between 8th and 10th Streets.
07-R-2091 (43) Claim of Justin C. Willingham, for damages alleged to have been sustained as a result of driving through a construction area on April 26, 2007 at Monroe Drive between 8th and 10th Streets.
07-R-2092 (44) Claim of Nathaniel A. Barnes, Jr., for damages alleged to have been sustained as a result of driving through a construction area on February 20, 2007 at Monroe Drive between 8th and 10th Streets.
07-R-2093 (45) Claim of Tamika Pritchett, for damages alleged to have been sustained as a result of striking a construction cut on August 18, 2007 at Old National Highway and Lantern Lane.
07-R-2094 (46) Claim of Kevin Gay, through his attorney, Chanthina Bryant Abney, for damages alleged to have been sustained as a result of a fire on September 25 & 26, 2005 at 675 Metropolitan Parkway.
07-R-2095 (47) Claim of Dominique Bonner, a minor, through his attorney, Chanthina Bryant Abney, for damages alleged to have been sustained as a result of a fire on September 25 & 26, 2005 at 675 Metropolitan Parkway.
07-R-2096 (48) Claim of Stephanie Kvernmoe, for damages alleged to have been sustained as a result of driving over a construction cut on December 31, 2006 at the intersection of Carroll Street and Gaskill Street.
07-R-2097 (49) Claim of Progressive Express Insurance Company, as subrogee for Dependable Roofing Co., for damages alleged to have bee sustained as a result of a vehicular accident on February 9, 2007 at Interstate 20 and McDaniel Street.
07-R-2098 (50) Claim of Barbie Cooper, for bodily injuries alleged to have been sustained when excessive force was used during an arrest on June 30, 2006 at 80 Jesse Hill, Jr. Drive, SE.
07-R-2099 (51) Claim of Barbie Cooper, for bodily injuries alleged to have been sustained when excessive force was used during an arrest on June 14, 2006 on Metropolitan Parkway.
07-R-2100 (52) Claim of Barbie Cooper, for bodily injuries alleged to have been sustained when excessive force was used during an arrest December 4, 2006 at 675 Ponce de Leon Avenue.
07-R-2101 (53) Claim of Brian L. McNeill, through his attorney, Richard D. Hobbs, Esq., for bodily injuries alleged to have been sustained from driving over a pothole on July 21, 2007 at 14th Street, NE and Crescent Avenue, NE.
07-R-2102 (54) Claim of Lewis Guice, for vehicular damages alleged to have been sustained after driving over concrete blocks that were located in the road on July 4, 2007 at 1151 Clark Street.
07-R-2103 (55) Claim of Cynthia Bonner, Administrator of the Estates of Tomiko Bonner, Kevin Bonner and Jeremiah Bonner, through her attorney, Chanthina Bryant Abney, for damages alleged to have been sustained as a result of a fire on September 25, 2005 and September 26, 2005 at 675 Metropolitan Parkway.
07-R-2104 (56) Claim of Vicki C. Lane, for damages alleged to have been sustained as a result of driving over an open manhole on September 17, 2006 at 572 Flat Shoals Avenue.
07-R-2105 (57) Claim of Mark Stevens, for damages alleged to have been sustained as a result of driving over an uncovered manhole on April 27, 2007 at 397 Armour Drive.
07-R-2106 (58) Claim of Warren Pointer, for damages allegedly sustained as a result of driving over an unsecure construction area on October 27, 2006 at East Wesley Road near Acorn Avenue.
07-R-2107 (59) Claim of Christopher Holland, through his attorney, Bryan M. Pulliam, Esq., for bodily injuries alleged to have been sustained from a vehicular incident due to sand being on the road on February 17, 2007 at McClendon Avenue and Claire Drive.
07-R-2108 (60) Claim of State Farm Insurance Companies, as subrogee for Sanders Wilborn Jr., for damages alleged to have been sustained as a result of a vehicular accident on October 17, 2006 at 1717 Centra Villa Drive, SW.
07-R-2109 (61) Claim of Michele L. Pearson, for damages alleged to have been sustained as a result of a light pole falling on her vehicle January 8, 2007 on Buford Highway between Sidney Marcus and Lenox Road.
CONSENT AGENDA SECTION II
ORDINANCES FOR FIRST
CITY UTILITIES COMMITTEE - CARLA SMITH, CHAIR
07O2027( 1) An Ordinance by City Utilities Committee amending the 2007 (2004 Quality of Life Bond Fund) Budget by transferring from and to appropriations for the purpose of reprogramming the Powers Ferry Bridge Project and for funding several sidewalk and intersection projects; and for other purposes.
TO
BE REFERRED TO CITY UTILITIES COMMITTEE
07O2028( 2) An Ordinance by City Utilities Committee to correct Ordinance Number 07O1075 adopted by the Atlanta City Council on June 18, 2007 and approved by the Mayor on June 26, 2007; and for other purposes.
TO
BE REFERRED TO CITY UTILITIES COMMITTEE
07O2160 ( 3) An Ordinance by City Utilities Committee to authorize the
*** acquisition of three (3) properties, pursuant to the City’s participation in the Federal Emergency Management Agency (FEMA) Mitigation Assistance Program (“FEMA Grant”); authorizing the Mayor to enter into a cost participation agreement with property owners and other appropriate documents for the acquisition of the properties included in the FEMA Grant Program; to authorize receipt of funds from participating property owners and FEMA to offset any acquisition costs in accordance with the FEMA Grant; to waive portions of Article X of the Procurement and Real Estate Code; to authorize the City Attorney to use the assistance of outside counsel to effectuate the acquisition; to authorize the Chief Procurement Officer to obtain title work, surveys, environmental tests, appraisals and other appropriate due diligence items to effectuate the acquisition of the properties; to charge and pay for all acquisition costs from Fund, Account and Center Number: 1C51 (Capital Finance Fund) 574001 (Facilities other than Buildings) Q11P1112B6F0 (Nancy, Utoy and Peachtree Creek Homes Acquisitions); and for other purposes.
TO
BE REFERRED TO CITY UTILITIES COMMITTEE
07O2122( 4) An Ordinance by Public Safety and Legal Administration Committee transferring Developmental Impact Fees from Fund, Account and Center Number: 1C28 792001 T31X04109991 in the amount of $562,330.00 to Fund, Account and Center Number: 1C28 774001 W11C024092AK for the construction of Fire Station 13 and $369,678.00 to Fund, Account and Center: 1C28 774001 W11C024092AK for construction of Fire Station 18, for a total $931,708.00; and for other purposes.
TO
BE REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE
07O2123( 5) An Ordinance by Public Safety and Legal Administration Committee to amend Chapter Ten Entitled “Alcoholic Beverages” of the Code of Ordinances of the City of Atlanta, and revise Article II, Division 3, Section 10-127 to require that applications for temporary Liquor License Permits issued for Special Events be submitted to the Atlanta Police Department at least thirty days prior to the date of the Special Event; and for other purposes.
TO
BE REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE
TRANSPORTATION COMMITTEE
- CLAIR MULLER, CHAIR
07O2110( 6) An Ordinance by Transportation Committee authorizing the installation of All-Way Stop Signs with All-Way Plates and Stop Ahead Signs at the intersection of Eloise Street and Mercer Street, SE; and for other purposes.
TO BE REFERRED TO TRANSPORTATION COMMITTEE
COMMUNITY DEVELOPMENT/
07O2043( 7) An Ordinance by Community Development/Human Resources Committee amending the 2007 (Community Development Fund) Budget, the 2007 (Home Investment Partnership Fund) Budget and the 2007 (Intergovernmental Grant Fund) Budget by transferring $630,078.00 in Community Development Block Grant (CDBG), $628,471.00 in Home Investment Partnership (HOME), and $1,923,779.00 in Housing Opportunities for Persons with AIDS (HOPWA) for the purpose of reprogramming these funds to projects for inclusion in the 2008 Annual Action Plan of the 2005-2009 Consolidated Plan; and for other purposes.
TO
BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE
FINANCE/EXECUTIVE COMMITTEE
- HOWARD SHOOK, CHAIR
07O2148( 8) An Ordinance by Finance/Executive Committee to amend the Code of Ordinances in order to provide the eligibility requirements for purchase of prior service credit by former members of the Fulton County Fire Department who transfer to the City of Atlanta Fire Department.
TO
BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE AND FIRE PENSION BOARD
CITY UTILITIES COMMITTEE
CARLA SMITH, CHAIR
RESOLUTION
07R2035( 1) A Resolution by City Utilities Committee authorizing the Mayor to issue a Notice-to-Proceed to CH2MHill/Williams, Russell and Johnson (WRJ), Joint Venture for FC-7619-03C, Annual Contract for Architectural and Engineering Services for Biological Monitoring on behalf of Department of Watershed Management, in an amount not to exceed $99,015.00; all contracted work will be charged to and paid from Fund, Account and Center Number: 2J01 (Water & Wastewater Revenue Fund) 523001 (Service/Repair/Maintenance Contract) Q83001 (Industrial Wastewater Monitoring); and for other purposes.
FAVORABLE
(1 ABSTENTION)
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.
(Public Hearing held 10/9/07) (Held 10/9/07 for further review)
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 for further review)