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ATLANTA CITY COUNCIL
AGENDA
January 22, 2008
Note: A complete listing of
items 5 and 8 may not appear in this version.
Order of Business for the
Tuesday,
January 22, 2008
The
Honorable Lisa 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
20
Community Development/Human
Resources Committee
Jim Maddox
28
Transportation Committee
Clair Muller
44
Zoning Committee
Ivory L. Young, Jr.
47
Finance/Executive Committee
Howard Shook
73
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
5, 7 & 8)
8.
COMMUNICATIONS
08-C-0106 ( 1)
A Communication by Councilmember
Ivory Lee Young, Jr. appointing Ms.
Joyce Brayboy Jones to serve as a member of the Atlanta Commission on
Aging. This appointment is for a
term of four (4) years, scheduled to begin on the date of Council confirmation.
TO
BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON
COUNCIL
08-C-0107 ( 2)
A Communication by City Attorney Elizabeth Chandler submitting to City Council the
report on outside counsel engagements pursuant to Code § 2-407.
FILED
WITHOUT OBJECTION
08-C-0108 ( 3)
A Communication by Councilmember Jim Maddox appointing Ms. Desiree Pernell to serve as a member of the Keep Atlanta
Beautiful Board. This appointment is
for a term of two (2) years, scheduled to begin on the date of Council
confirmation.
TO
BE REFERRED TO CITY UTILITIES COMMITTEE AND COMMITTEE ON COUNCIL
08-C-0109 ( 4)
A Communication by Chief Procurement Officer Adam L. Smith submitting the January 2008
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
08-C-0110 ( 5)
A Communication by Councilmember Natalyn Archibong appointing Ms. Pamela Mayo to serve as a member of the Atlanta
Commission on Aging. This
appointment is for a term of four (4) years, scheduled to begin on the date of
Council confirmation.
TO
BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES 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
07O2549( 1)
An Ordinance by City Utilities Committee authorizing the City of Atlanta
to anticipate funds for the Care and Conserve Program, on behalf of the
Department of Watershed Management, in the amount of $340,468.00; and for other
purposes.
COMMUNITY DEVELOPMENT/
08O0081( 2)
An Ordinance by Councilmember Joyce M. Sheperd as
amended by Community Development/Human Resources Committee to require
support and approval from the Atlanta City Council in reference to all plans and
initiatives involving the redevelopment of Fort McPherson; and for other
purposes.
08O0084( 3)
An Ordinance by Councilmember Ivory Lee Young, Jr. authorizing the Mayor
or designee to waive Section 15-08.005 (D) (4) of Part 15 - Subdivision
Ordinance of the City of Atlanta Land Development Code for certain subdivision
applications.
PUBLIC SAFETY AND LEGAL
07O2187( 4)
A Substitute Ordinance by
Public Safety and Legal Administration Committee to amend the Code of Ordinances
of the City of Atlanta, Georgia, Chapter 162, Article II, Sections 162-77(6) and
162-78(A)(6) so as to specifically allow companies and third parties that employ
individuals otherwise employed by the City of Atlanta to administer New Driver
and Annual Training Courses; and for other purposes.
07O2585( 5)
An Ordinance by Public Safety and Legal Administration Committee to amend
the Code of Ordinances of the City of Atlanta, Georgia, Chapter 162, Article II,
Section 162-62(d) so as to allow for letters of temporary administration pending
initiation of the formal Certificate of Public Necessity and Convenience (CPNC)
transfer process within the specified time; and for other purposes.
TRANSPORTATION COMMITTEE
- CLAIR MULLER, CHAIR
07O2509( 6) An Ordinance by Councilmember C. T. Martin as amended by Transportation Committee authorizing the Mayor or her designee to make Peyton Road, SW a Four-Way Stop where it intersects with Kelso Drive, SW; and for other purposes.
08O0079( 7) An Ordinance by Councilmember Clair Muller authorizing the installation of All-Way Stop Signs with All-Way Plates and Stop Ahead Signs at the intersection of Lake Forest Drive, NW and Laurel Drive, NW; and for other purposes.
08O0082( 8) An Ordinance by Councilmember Felicia Moore authorizing the installation of All-Way Stop Signs at the intersection of Hightower Road NW and St. James Avenue; and for other purposes.
08O0083( 9) An Ordinance by Councilmember Kwanza Hall authorizing the installation of Two (2) Hour Parking Signs along West Peachtree Street, NW, between North Avenue and Peachtree Place, for the purpose of establishing uniform parking; and for other purposes.
FINANCE/EXECUTIVE COMMITTEE
- HOWARD SHOOK, CHAIR
07O2586(10) A Substitute Ordinance by Finance/Executive Committee to amend Section 154-55 of the City of Atlanta, Code of Ordinances, so as to authorize the Commissioner of the Department of Watershed Management to automatically refund deposits or credits on closed accounts for water service; and for other purposes.
08O0080(11) An Ordinance by Councilmember Cleta Winslow to correct Ordinance Number 07-O-2122 Adopted by the Atlanta City Council on November 5, 2007, and Approved by the Mayor on November 13, 2007; and for other purposes.
RESOLUTIONS
CITY UTILITIES COMMITTEE
- CARLA SMITH, CHAIR
07R1944( 1) A Substitute
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 $778,693.05 to be charged to and paid from Fund,
Account and Center Number: 3P02 (Trust Fund) 529002 (Service Grant) Q11W02CBQNA0
(Care & Conserve Fund); and for other purposes.
08R0105( 2)
A Resolution by City Utilities Committee authorizing the
***
Mayor to enter into Renewal Agreement No. 2 with ADS Environmental
Services for FC-7710-04, Flow Measurement in Combined Sewers and Separate
Sanitary Sewer Projects, on behalf for the Department of Watershed Management;
and for other purposes.
COMMUNITY DEVELOPMENT/
08R0013( 3)
A Resolution by Community Development/Human Resources Committee
authorizing the Mayor to execute Renewal Agreement No. 2, for FC-6004007817-04,
for Armed Security Guard Services, on behalf of the Department of Parks,
Recreation and Cultural Affairs, with Allied Barton Security Services, LLC.
(D/B/A Barton Protective Services, LLC.) and Streamline Security, Inc., in an
amount not to exceed $901,000.00. All
funds shall be charged to and paid from Fund, Account and Center Number: 1A01
(General fund) 523001 (Ser/Repair/Maint. Cont.) N31101 (Recreation
Administration).
PUBLIC SAFETY AND LEGAL
07R2603( 4)
A Resolution by Councilmembers Clair Muller, Joyce Sheperd and Anne
Fauver as substituted by Public Safety
and Legal Administration Committee to encourage the installation of Radar
Speed Signs in all School Zones in the City of Atlanta.
(Referred back from Council 1/7/08)
08R0065( 5)
A Resolution by Public Safety and Legal Administration Committee
authorizing the settlement of all claims against the City of Atlanta in the case
of Gwen Williams and Donst V. Williams v. City of Atlanta; Pope & Land
Enterprises, Inc., Hyatt Corporation and John Doe, State Court, Fulton
County, Civil Action File No. 2006EV001087, 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.
08R0066( 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 Joanne Masanotti, Individually and on behalf of her siblings, and as
administrator of the estate of John Lamb v. City of Atlanta, Superior Court,
Fulton County, Civil Action File No. 2006CV115890, in the amount of $210,000.00;
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.
08R0067( 7)
A Resolution by Public Safety and Legal Administration Committee
authorizing the settlement of all claims against the City of Atlanta in the case
of W. Bonneau Ansley, Jr., Ansley Residence Trust, Judy Jordan and Raymond A.
Woody, State Court, Fulton County, Civil Action File No. 2006EV000725Y, in
the amount of $85,064.79; 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.
08R0068( 8)
A Resolution by Public Safety and Legal Administration Committee
authorizing the Mayor or her designee to enter into a service agreement with
Propertyroom.com on behalf of the Atlanta Police Department for the purposes of
conducting public internet auctions to dispose of property that is no longer
needed as evidence and where the owner cannot be determined and/or located; and
for other purposes.
08R0069( 9)
A Resolution by Public Safety and Legal Administration Committee
authorizing the settlement of all claims against the City of Atlanta in the case
of Melvin Lynch v. City of Atlanta, Georgia, Superior Court, Fulton
County, Civil Action File No. 2007-CV-130047, in the amount of $15,990.60;
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.
08R0032(10)
A Resolution by Public Safety and Legal Administration
***
Committee authorizing payment in the amount of $2,666.00 from Fund Number
2J01 (Water & Wastewater Revenue Fund) Account Number 529005 (Litigation
Expense) and Center Number Q63501 (Drinking Water Production) to the Philip
Services Site Smaller Party Escrow Account through the Escrow Agent, Randy C.
Smith, American Environmental Consultants, in settlement of claims of the Philip
Services Site Potentially Responsible Party Group against the City of Atlanta.
08R0104(11)
A Resolution by Public Safety and Legal Administration
***
Committee authorizing the Mayor or her designee to accept goods and
services from the Czarnowksi Exhibit Services Specialists, Inc., on behalf of
the Atlanta Fire Rescue Department for the purpose of donating new kitchen
appliances, dining and living room furniture, replacing floor tiles, painting
and renovating the kitchen and dining areas of Fire Station #17 valuing
$75,000.00.
FINANCE/EXECUTIVE COMMITTEE
- HOWARD SHOOK, CHAIR
07R2469(12)
A Substitute Resolution by
Finance/Executive Committee authorizing the Mayor to enter into a Contractual
Agreement with the Xerox Corporation, to Operate and Manage the Document Service
Center in the Atlanta City Hall and City Hall East, as a cost savings benefit
for City Departments on behalf of the Executive Offices - Office of Enterprise
Assets Management, in an amount not to exceed $119,088.00.
All funds to be paid from Fund, Account, Center Number: 1A01 (General
Fund) 524001 (Consultant Services) D81012 (Printing Facilities – City Hall
South); and for other purposes.
08R0075(13)
A Substitute Resolution by
Finance/Executive Committee authorizing the Mayor to apply for and accept a
grant from the Environmental Protection Agency 319 (H) of the Clean Water Act
FY2000 for the Grant Application of the Woodruff Arts Center Green Roof Project;
to authorize the Mayor or her designee to enter into an Agreement with the
Georgia Environmental Protection Division (EPD) for the administration of the
grant; to authorize the Chief Financial Officer to create an account for the
deposit and management of grant funds; and for other purposes.
PUBLIC SAFETY AND LEGAL
Claims with favorable
recommendations:
08-R-0014 ( 1)
Claim of Western Recovery, as subrogee of Kristen Valentino and Andrew Capron,
through its attorney, Edward T. McAfee, for damages alleged to have been
sustained as a result of sanitary sewer overflow and flooding caused by a water
main break on April 21, 2006 at 2030 Golfview Drive, NW.
$360,000.00
08-R-0015 ( 2)
Claim of Liberty Mutual Insurance Company, as subrogee of Vincent M. Greiner,
for damages alleged to have been sustained as a result of an automobile accident
on August 2, 2007 at Monroe Drive, NE and Piedmont Avenue, NE.
$2,843.93
08-R-0016 ( 3)
Claim of Progressive Insurance Companies, as subrogee of Gloria Kent,
for damages alleged to have been sustained as a result of an automobile accident
on August 4, 2007 at Williams Street and Forsyth Street.
$11,527.12
08-R-0017 ( 4)
Claim of State Farm Insurance Company, as subrogee of Alene Mathis,
for damages alleged to have been sustained as a result of a vehicular accident
on June 25, 2007 at 3425 Cascade Road.
$1,415.94
08-R-0018 ( 5)
Claim of Amica Insurance Company, as subrogee of Sara Dabney Kentner,
for damages alleged to have been sustained as a result of a vehicular accident
on September 19, 2007 at Peachtree Street at 12th Street.
$2,164.63
08-R-0019 ( 6)
Claim of Allstate Insurance Company, as subrogee of Marvin Hirsh, for
damages alleged to have been sustained as a result of an automobile accident on
July 8, 2007 at Sandy Springs Circle and Johnson Ferry Road.
$3,714.31
08-R-0020 ( 7)
Claim of Heidi E. Kaufman, for damages alleged to have been sustained
as a result of driving over an unsecured construction cut on October 23, 2007 at
1809 Perry Boulevard.
$1,250.58
PUBLIC SAFETY AND LEGAL
Claims with favorable
recommendations:
08-R-0021 ( 8)
Claim of Willie Stephens, Sr., for damages alleged to have been
sustained as a result of driving over an unsecured construction cut on October
28, 2007 at 1809 Perry Boulevard.
$540.96
08-R-0022 ( 9)
Claim of Dorothy Isenberg, for damages alleged to have been sustained
as a result of a vehicle accident on November 15, 2007 at 1392 Marion Walk, SE.
$4,773.27
08-R-0023 (10)
Claim of Ruth Fedrick-Dyson, for damages alleged to have been
sustained as a result of a rock hitting her vehicle on July 13, 2007 on 804
Hightower Road.
$1,368.44
08-R-0024 (11)
Claim of Antonio R. Maynard, for damages alleged to have been
sustained as a result of an automobile accident on July 17, 2007 at Memorial
Drive, SE and Warren Street, SE.
$3,166.72
08-R-0025 (12)
Claim of Jerod C. Holt and Nicole E. Fisher, for damages alleged to
have been sustained as a result of driving over an unsecured construction cut on
October 24, 2007 at 1809 Perry Boulevard.
$944.24
08-R-0026 (13)
Claim of Hyun Joo Kim, for vehicle damages alleged to have been
sustained as a result of an unsecured metal plate on July 16, 2007 at 3181
Donald L. Hollowell Parkway.
$517.44
08-R-0027 (14)
Claim of Rashid A. Kareem, through his attorney, Shana M. Rooks, for
damages alleged to have been sustained as a result of working out of class
between May 8, 2001 and October 10, 2003 at 675 Ponce de Leon Avenue #5350.
$7,216.84
08-R-0028 (15)
Claim of Eddie B. Hollingsworth, through his attorney, Shana M. Rooks,
for damages alleged to have been sustained as a result of working out of class
between May 8, 2001 and October 10, 2003 at 675 Ponce de Leon Avenue #5350.
$4,517.01
Claims with unfavorable recommendations:
08-R-0029 (16)
Claim of Kristen Valentino and Andrew Capron, through their attorney, James S.
Altman, for damages alleged to have sustained as a result of a sanitary
sewer overflow and broken water main break on April 21, 2006 at 2030 Golfview
Drive, NW.
08-R-0030 (17)
Claim of Abram A. Ayana, for damages alleged to have been sustained
from lost wages due to an erroneous towing incident on February 17, 2007 at
Peachtree Place and Peachtree Street.
08-R-0031 (18)
Claim of Alexis White, through his attorney, S. Fenn Little, for
damages alleged to have been sustained as a result of civil rights violations on
November 21, 2006 at 933 Neal Street.
08-R-0033 (19)
Claim of Laquetta Slade, through her attorney, Stephen Apolinsky, for
damages alleged to have been sustained as a result of personal injuries on July
17, 2006 at the Hartsfield-Jackson Atlanta International Airport.
08-R-0034 (20)
Claim of Nathaniel B. Dyer, for vehicular damages and
bodily injuries alleged to have been sustained due to an automobile
accident on August 12, 2007 at Foundry Street and Elm Street.
08-R-0035 (21)
Claim of David and Lura McAdam, on behalf of their minor child, David McAdam,
Jr., through their attorney, Barry Noeltner, Esq., for bodily injuries
alleged to have been sustained from an escalator incident on June 2, 2007 at
8700 Spine Road, Hartsfield-Jackson Atlanta International Airport.
08-R-0036 (22)
Claim of GEICO Direct, as subrogee of Norman Woodburn, for vehicular
damages alleged to have been sustained from an automobile accident on May 2,
2007 at Virginia Avenue and Bobby Brown Parkway.
08-R-0037 (23)
Claim of Beverly Justice, through her attorney, Christopher M. Simon,
for damages alleged to have been sustained as a result of a slip and fall
incident at the South Terminal, near Gate A-24 on May 20, 2007 at
Hartsfield-Jackson Atlanta International Airport.
08-R-0038 (24)
Claim of Yalanda Golphin, through her attorney, Stephen D. Apolinsky,
for damages alleged to have been sustained as a result of a sewer backup on May
22, 2007 at 1012 Parsons Street.
08-R-0039 (25)
Claim of Monica L. Smith, for damages alleged to have been sustained
due to loss of revenue during a sewer separation project between September 1,
2007 and September 15, 2007 at 872 Martin Luther King, Jr. Drive.
08-R-0040 (26)
Claim of Sandra Moore, for damages alleged to have been sustained as a
result of a trip and fall on August 23, 2007 at 294 Holly Street.
08-R-0041 (27)
Claim of Capitol Insurance Companies, as subrogee of Sager Loft Condominium
Association, for damages alleged to have been sustained as a result of a
sewer backup on October 14, 2007 at 455 Glen Iris Drive.
08-R-0042 (28)
Claim of Andronette Lovelace, for damages alleged to have been
sustained as a result of driving over a construction cut on September 26, 2006
at 120 Marcus Avenue.
08-R-0043 (29)
Claim of National Subrogation Services, LLC, as subrogee of Lynne Williams,
for damages alleged to have been sustained as a result of a sewer backup on
August 2, 2007 at 3276 Glen Arden Drive.
08-R-0044 (30)
Claim of Mikiver Hill, for damages alleged to have been sustained as a
result of a mailbox being damaged on September 12, 2007 at 1015 Arden Avenue,
SW.
08-R-0045 (31)
Claim of Davetta Mitchell, through her attorney, Louise T. Hornsby,
for damages alleged to have been sustained as a result of falling on August 12,
2007 at Bitsy Grant Tennis Center, 2125 Northside Drive.
08-R-0046 (32)
Claim of Willie Ferguson, through his attorney, James A. Neuberger,
for damages alleged to have been sustained as a result of being terminated in
December 2006 at an undisclosed location.
08-R-0047 (33)
Claim of Annette Williams, for damages alleged to have been sustained
as a result of a vehicle accident on October 2, 2007 at 1369 Miller Avenue.
08-R-0048 (34)
Claim of Cheryl Moss, through her attorney, Joel H. Roth, Esq., Montlick &
Associates, P.C., for bodily injuries alleged to have been sustained
from a slip-and-fall incident on July 19, 2007 at 8700 Spine Road,
Hartsfield-Jackson Atlanta International Airport.
08-R-0049 (35)
Claim of Carlos Hampton, for damages allegedly sustained as a result
of driving over an unsecured metal plate on July 10, 2007 at 1600 Northside
Drive.
08-R-0050 (36)
Claim of Lynne Williams and Milton Williams III, for damages alleged
to have been sustained as a result of a sewer backup on August 2, 2007 at 3276
Glen Arden Drive.
08-R-0051 (37)
Claim of Nationwide Insurance Company, as subrogee of Malvin Patterson,
for damages alleged to have been sustained as a result of an automobile accident
on September 28, 2007 at Electric Avenue and Magnolia Street.
08-R-0052 (38)
Claim of Robert Ball III and English Ball, for damages alleged to have
been sustained as a result of a sewer backup on April 28, 2007 at 1796 West
Wesley Road.
08-R-0053 (39)
Claim of David Paul, for damages alleged to have been sustained as a
result of an automobile accident on December 7, 2006 at Mall Boulevard and
Londonderry Way, Union City.
08-R-0054 (40)
Claim of Kip Laurie, for property damages alleged to have been
sustained from a sewer backup on September 22, 2007 at 734 at Oakland Avenue,
SE.
08-R-0055 (41)
Claim of John Ruch, through his attorney, John D. Hocutt, for damages
alleged to have been sustained as a result of a slip and fall incident at Gate
B-15 on September 14, 2007 at Hartsfield-Jackson Atlanta International Airport.
08-R-0056 (42)
Claim of Omar Forbes, for damages alleged to have been sustained
during a sewer separation project in 2007 at
08-R-0057 (43)
Claim of Renaissance Lofts Condominium Association, for damages
alleged to have been sustained as a result of a rock thrown by a lawn mower on
May 7, 2007 at 120 Ralph McGill Boulevard.
08-R-0058 (44)
Claim of Stephanie Bagley, for damages alleged to have been sustained
as a result of a vehicle accident on June 1, 2007 at 1052 Ashby Grove.
08-R-0059 (45)
Claim of Walter J. Williams, for damages alleged to have been
sustained as a result of a tree limb falling on October 6, 2007 at 165 Rosser
Street, SW.
08-R-0060 (46)
Claim of Osie White, for damages alleged to have been sustained as a
result of driving over an uneven road repair on May 5, 2007 at the intersection
of Garibaldi Street and DeLevan Street.
08-R-0061 (47)
Claim of Travelers, as subrogee for Alvin Brooks, for damages alleged
to have been sustained as a result of a tree falling on October 19, 2007 at 4639
Greenleaf Circle, SW.
08-R-0062 (48)
Claim of Vickie R. Daniel, for damages alleged to have been sustained
as a result of being transported by police on September 13, 2007 on Cascade
Road.
08-R-0063 (49)
Claim of Teressa Hamlin, for damages alleged to have been sustained as
a result of a vehicle being damaged due to potholes on November 26, 2006 at an
unspecified located on Peachtree Street.
08-R-0064 (50)
Claim of Jill Morton, for damages alleged to have been sustained as a
result of driving over a pothole on October 2, 2007 at Northland Ridge Drive and
Landmark Drive.
08-R-0089 (51)
Claim of Farmers Insurance Group, as subrogee of Sheila and Jerry Watkins,
for damages alleged to have been sustained as a result of a sewer backup on
August 27, 2007 at 189 Oakcliff Court.
08-R-0090 (52)
Claim of MARTA, as subrogee to Theresa Reid, for damages alleged to
have been sustained as a result of injuries to its driver due to an unsecured
construction area at Fletcher Street and McDaniel Street.
08-R-0091 (53)
Claim of Willie Brown, through his attorney, Michael Moran, for
damages alleged to have been sustained as a result of an automobile accident on
September 4, 2007 at Metropolitan Parkway at Ralph D. Abernathy Boulevard.
08-R-0092 (54)
Claim of Thomas Brown, through his attorney, Michael Moran, for
damages alleged to have been sustained as a result of an automobile accident on
September 4, 2007 at Metropolitan Parkway at Ralph D. Abernathy Boulevard.
08-R-0093 (55)
Claim of Brandon Inniss, for damages alleged to have been sustained as
a result of driving over a pothole on August 27, 2007 at 768 Marietta Street.
08-R-0094 (56)
Claim of Jason L. Bell, for damages alleged to have been sustained as
a result of driving over an unsecured construction cut on September 15, 2007 at
3325 Piedmont Road.
08-R-0095 (57)
Claim of Leslie Mitchell, for bodily injuries alleged to have been
sustained from a physical assault on May 11, 2007 at
08-R-0096 (58)
Claim of Senetricus Warford, on behalf of minor, Latavius Anderson,
for bodily injuries alleged to have been sustained due to a fall on September
17, 2007 on Centennial Olympic Park Drive.
CONSENT AGENDA SECTION II
ORDINANCES FOR FIRST
CITY UTILITIES COMMITTEE
- CARLA SMITH, CHAIR
08O0007( 1)
An Ordinance by City Utilities Committee to abandon
a portion of Solomon Street, SE located between Fraser Street and Martin Street
consisting of 0.458 acre, more or less and being more specifically described in
the attached Exhibit “A” lying and being in Land Lot 53 of the 14th
District, Fulton County, Georgia; and for other purposes. (Advertised for a Public
Hearing 1/29/08.)
TO
BE REFERRED TO CITY UTILITIES COMMITTEE
COMMUNITY DEVELOPMENT/
08O0009( 2)
An Ordinance by Community Development/Human Resources Committee to amend
Part 6, Chapter 4, Article A, Section 6-4001(a) of the Code of Ordinances of the
City of Atlanta, Georgia, Land Development Code, entitled “Creation and
Composition”, so as to change the number of voting members on the Atlanta
Planning Advisory Board from twenty-four (24) voting members to twenty-five (25)
voting members; and for other purposes.
TO
BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE
08O0010( 3)
An Ordinance by Community Development/Human Resources Committee to amend
Chapter 158, Article II, Division 2, Subsection 158-65 (a) (3) (c) of the Code
of Ordinances of the City of Atlanta, Georgia, of the City of Atlanta’s Tree
Protection Ordinance; and for other purposes.
TO
BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE
08O0011( 4)
An Ordinance by Community Development/Human Resources Committee to create
the “Laurel Ridge at Bolton Road Urban Enterprise Zone”, located in District
17, City of Atlanta Land Lot 268, Parcel ID 17-0268-11-032-5; to provide
notification to the Tax Commissioner, School Superintendent and the Department
of Community Affairs; and for other purposes.
TO
BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE
COMMUNITY DEVELOPMENT/
08O0012( 5)
An Ordinance by Community Development/Human Resources Committee to Create
the “Amal Heights Townhomes Urban Enterprise Zone”, located at 1700 Giben
Road, SW, City of Atlanta, Parcel ID 140072000700015 and 14007200050025; to
provide notification to the Tax Commissioner, School Superintendent and the
Department of Community Affairs; and for other purposes.
TO
BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE
TRANSPORTATION COMMITTEE
- CLAIR MULLER, CHAIR
08O0070( 6) An Ordinance by Transportation Committee authorizing the installation of All-Way Stop Signs at the intersection of Pine Tree Drive and North Hills Drive, NE; and for other purposes.
TO
BE REFERRED TO TRANSPORTATION COMMITTEE
08O0071( 7) An Ordinance by Transportation Committee to restrict Left Turn Movement from 14th Street Westbound onto Peachtree Street Southbound and to restrict Right Turn on Red Movement from 14th Street Westbound onto Peachtree Street Northbound; and for other purposes.
TO
BE REFERRED TO TRANSPORTATION COMMITTEE
FINANCE/EXECUTIVE COMMITTEE
- HOWARD SHOOK, CHAIR
08O0072( 8)
An Ordinance by Finance/Executive Committee authorizing the Chief
Financial Officer, on behalf of the Department of Planning and Community
Development, to pay outstanding invoices to DPC General Contractors, Inc., for
Asbestos
TO
BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE
08O0073( 9) An Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer to amend the 2008 (Capital Finance Fund) Budget, on behalf of the Office of the Mayor, in an amount of $4,250,000.00 by transferring funds from 1C51 (Capital Finance Fund) 773002 (Construction In Progress) D45C05049999 (Public Safety & Judicial Facilities Project – Annex) to 1C51 (Capital Finance Fund) 773002 (Construction In Progress) D45C05029999 (Public Safety & Judicial Facilities Project – 911), for the Public Safety & Judicial Facilities Project; and for other purposes.
TO
BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE
08O0074(10) An Ordinance by Finance/Executive Committee authorizing the City of Atlanta to waive the Competitive Procurement Provisions contained in Article X, of the Procurement Code, of the City of Atlanta Code of Ordinances, to authorize a Month-to-Month contract with Otis Elevator for up to eighteen (18) months for Elevator Maintenance at City Hall East, on behalf of the Executive Offices - Office of Enterprise Assets Management, in an amount not to exceed $116,986.92. All contracted work shall be charged to and paid from Fund, Account and Center Number: 1A01 (General Fund), 523001 (Service, Repair and Maintenance), D81005 (Facility Maintenance – City Hall East); and for other purposes.
TO
BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE
COMMITTEE ON COUNCIL
FELICIA A. MOORE, CHAIR
COMMUNICATIONS
08C0002( 1)
A Communication from Clerk Mark
Massey to the Fulton County Board of Commissioners to Council President Lisa M.
Borders, submitting the Fulton County Board of Commissioners’
appointment of Ms. Pam Smith (Position 5) to serve as the County’s
representative on the BeltLine Affordable Housing Advisory Board. This
appointment is 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
1/15/08.)
08C0003( 2)
A Communication by Councilmembers Felicia A. Moore, District 9; C. T. Martin, District 10;
Jim Maddox, District 11 and Joyce M. Sheperd, District 12 appointing Mr.
Oscar Leonard to serve as a member of the BeltLine Tax Allocation
District Advisory Committee. This
appointment is for a term of two (2) years, scheduled to begin on the date of
Council confirmation. (Favorable
by the Community Development/Human Resources Committee 1/15/08.)
08C0005( 3)
A Communication by Councilmember
ORDINANCE FOR SECOND
08O0006( 1)
An Ordinance by Committee on Council to amend the 2001 City of Atlanta
Precincts and Polling Places Ordinance by relocating precincts 10C, 12B, and
12S; and for other purposes.
PAPERS HELD IN COMMITTEE
06O1333( 1)
An Ordinance by Councilmembers Anne Fauver and Cleta Winslow to amend the
Charter of the City of Atlanta adopted under and by virtue of the authority of
the Municipal Home Rule Act of 1965 (Ga. Laws l965, P.298, et seq.) as amended,
to amend Part I, Subpart A, Article VII, Chapter 3, Section 2-301(c) of the
Charter of the City of Atlanta,
07O0081( 2)
An Ordinance by Councilmember
07O1340( 3)
An Ordinance by Councilmembers Jim Maddox, Kwanza Hall, Joyce Sheperd,
07O2309( 4)
An Ordinance by Committee on Council to amend Section 6-4022(5) of the
Code of Ordinances of the City of Atlanta, Georgia so as to change the maximum
number of years for which a member of the Board of Zoning Adjustment is allowed
to serve on said board from six (6) years to nine (9) years; to waive
conflicting ordinances; and for other purposes.
(Held 11/19/07.)
07O2322( 5)
An Ordinance by Committee on Council to amend Subsection (4) of Section
6-4022 of the Code of Ordinances of the City of Atlanta, Georgia, pertaining to
the process by which members of the Board of Zoning Adjustment shall be
appointed, so as to eliminate the rotating manner required for said
appointments; and for other purposes. (Held
11/19/07.)
07C2548( 6)
A Communication by Mayor Shirley Franklin re-appointing Ms. Amanda Campbell Briner to serve as a member of the Tree
Conservation Commission in the Horticulturist/Botonist/Nursery Worker Category
for the City of Atlanta. This
re-appointment is for a term of two (2) years, scheduled to begin on the date of
Council confirmation. (Forwarded with no recommendation by Community Development/Human
Resources 12/11/07; Held 1/7/08 to allow the appointee an opportunity to appear
before the Committee.)
MEMBERS PRESENT:
CITY UTILITIES COMMITTEE
CARLA SMITH, CHAIR
PAPERS HELD IN COMMITTEE
06R0563( 1)
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( 2)
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)
06O1573( 3)
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( 4)
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( 5)
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)
07R0750( 6)
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( 7)
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( 8)
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( 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, 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.)
07R1477(10)
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(11)
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)
07O2023(12)
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 for further review)
07R2147(13)
A Resolution 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 Zoo Atlanta, for the installation of twenty (20)
Wayfinding Signs on the City’s right-of-way; and for other purposes.
(Held 10/9/07 for further review)
07O2505(14)
An Ordinance by Councilmembers Howard Shook, H. Lamar Willis,
07R2597(15)
A Resolution by Councilmember Carla Smith authorizing payment of
stipulated penalties imposed by the Environmental Protection Agency (EPA) and
the Environmental Protection Division of the Department of Natural Resources of
the State of Georgia (EPD) in the amount of $
as stipulated penalties for the violation of CSO Fecal Coliform
Operational Standards
pursuant to the CSO
Consent Decree, Civil Action File No. 1:95-CV-2550-TWT; to identify the source
of funding; and for other purposes.
(Dummy paper.) (Held 12/11/07)
07O2600(16)
An Ordinance by Councilmember
07O2604(17)
An Ordinance by Councilmember Clair Muller to amend Part 15, Section
15-09.004 of the City’s Land Subdivision Ordinance in the City of Atlanta’s
Code of Ordinances for the purpose of defining sanitary sewer connection
requirements for Land Subdivisions; and for other purposes.
(Held 12/11/07 for further review.)
07O2605(18)
An Ordinance by Councilmember Clair Muller to amend Chapter 154,
Utilities, Article IV, Sewer Construction and Assessments, Division 1 of the
City Code of Ordinances for the purpose of defining Sanitary Sewer Connection
Requirement; and for other purposes. (Held
12/11/07 for further review.)
08R0008(19)
A Resolution by City Utilities Committee authorizing the Mayor to accept
on behalf of the City of Atlanta certain property at intersection of Brenda
Drive and Fairburn Road in Land Lot 35 of the 14th (FF) District,
Fulton County Georgia, as described in the attached Exhibits “A” and
“A-1” by execution of a Quitclaim Deed conveying land to the City for
development of a Pump Station; and for other purposes.
(Held 1/15/08 for further review.)
MEMBERS PRESENT:
SMITH, SHOOK, MULLER, ARCHIBONG, MITCHELL & YOUNG
COMMUNITY DEVELOPMENT/
ORDINANCES FOR SECOND
07O0958( 1)
An Ordinance by Community Development/Human
CDP-07-18
Resources Committee to
amend the Land Use Element of the City of Atlanta 2004-2019 Comprehensive
Development Plan (CDP) so as to re-designate property that is located at
NPU-C
Council District 9
FILE
07O2455( 2)
An Ordinance by Community Development/Human Resources Committee to create
the “Northwest Village Senior Housing Enterprise Zone”, located in District
17, City of Atlanta, Land Lot 258, Parcel Number 17-0258-LL-112-7; to provide
Notification to the Tax Commissioner, School Superintendent and the Department
of Community Affairs; and for other purposes.
FILE
08O0086( 3)
An Ordinance by Councilmembers Felicia A. Moore,
FAVORABLE
AS AMENDED – (4 YEA’S) (2
ABSTENTIONS)
RESOLUTION
08R0087( 1) A Resolution by Councilmembers Felicia A. Moore, Ivory Lee Young, Jr. and Ceasar C. Mitchell urging the Atlanta Housing Authority (AHA) not to proceed with the displacement of residents from the communities of Bowen Homes, Hollywood C