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ATLANTA CITY COUNCIL

AGENDA

February 17, 2008

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

Order of Business for the Atlanta City Council

Monday, March 17, 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                    2

 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                                                                                                            4

13.       Report of Standing Committees                           Committee Chairs                       Pages

            Transportation Committee                                        Clair Muller                                    20

            Zoning Committee                                                    Ivory L. Young, Jr.                         25

            Finance/Executive Committee                                   Howard Shook                               55

            Committee on Council**                                          Felicia A. Moore                            63

            City Utilities Committee                                            Carla Smith                                    65

            Community Development/Human

            Resources Committee                                              Jim Maddox                                   70

            Public Safety and Legal

            Administration Committee*                                      Cleta Winslow                                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 9, 31 & 56)


5.         PROCLAMATIONS, COMMENDATIONS AND OTHER SPECIAL AWARDS

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

Earth Hour Atlanta – A Global Event on Climate Change

Councilmember Ivory Lee Young, Jr. – proclamation being presented to:

Alexandréa Renee Lushington

8.         COMMUNICATIONS

08-C-0530 ( 1)            A Communication by Mayor Shirley Franklin appointing Mr. Joe Basista as the Commissioner of Public Works, scheduled to begin on the date of Council confirmation.

TO BE REFERRED TO CITY UTILITIES COMMITTEE AND COMMITTEE ON COUNCIL

08-C-0531 ( 2)            A Communication by Councilmembers Carla Smith, District 1; Kwanza Hall, District 2 and Ceasar C. Mitchell, Post 1 At-Large appointing Ms. Stacia Wilkaitis to serve as a member of the Water and Sewer Appeals Board.  This appointment is for a term of three (3) years, scheduled to begin on the date of Council confirmation.

TO BE REFERRED TO CITY UTILITIES COMMITTEE AND COMMITTEE ON COUNCIL 

08-C-0532 ( 3)            A Communication by Councilmembers Ivory Lee Young, Jr., District 3; Cleta Winslow, District 4 and Ceasar C. Mitchell, Post 1 At-Large appointing Mr. Sho Watson, Esq. to serve as a member of the People TV Board of Directors.  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-0533 ( 4)            A Communication by Councilmember Ivory Lee Young, Jr. appointing Ms. Donna Briggins to serve as a member of the Atlanta Commission on Women.  This appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

TO BE REFERRED TO COMMITTEE ON COUNCIL


COMMUNICATIONS (CONT’D)

08-C-0534 ( 5)            A Communication to Municipal Clerk Rhonda Dauphin Johnson from Mary Frances Weeks, Administrative Assistant, DeKalb County Board of Registration and Elections submitting the Official Election Results for the City of Atlanta Special Election held February 05, 2008.

RECOMMENDATION TO ACCEPT AND FILE


C O N S E N T      A G E N D A

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

SECTION I

ORDINANCES FOR SECOND READING

TRANSPORTATION COMMITTEE - CLAIR MULLER, CHAIR

08O0356( 1)            An Ordinance by Transportation Committee authorizing the installation of All-Way Stop Signs at the intersection of Vernon Avenue, SE and Glenwood Place, SE; and for other purposes.

08O0357( 2)            An Ordinance by Transportation Committee authorizing the installation of All-Way Stop Signs at the intersection of Berne Street, SE. and Eloise Street, SE; and for other purposes.

08O0358( 3)            An Ordinance by Transportation Committee authorizing the installation of All-Way Stop Signs at the intersection of Lynn Circle, SW and Lynn Drive, SW; and for other purposes.

08O0359( 4)            A Substitute Ordinance by Transportation Committee authorizing the installation of All-Way Stop Signs at the intersections of Kimberley Road, SW and Melvin Drive, SW; Kimberley Road and Grant Drive, SW; and for other purposes.

08O0360( 5)            A Substitute Ordinance by Transportation Committee to amend the 2007-2008 (Airport Revenue Fund) Budget by transferring to and from appropriations the amount of $810,200.00; to provide additional funding for expanded scope of services in the agreement with Allied Aviation Fueling of Atlanta, Inc., for the Fuel Storage Facility and Fueling Facility Management and Operation Agreement; and for other purposes.

08O0361( 6)            An Ordinance by Transportation Committee authorizing the Mayor to execute an Amendment to an existing Sewer Easement granted to Fulton County for the purpose of facilitating the previously approved development of an AirTran Flight Training Facility on property owned by the City of Atlanta near Hartsfield-Jackson Atlanta International Airport; and for other purposes.


CONSENT AGENDA SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR

08O0403( 7)            An Ordinance by Finance/Executive Committee authorizing Renewal Agreement No. 2 with ADS, LLC F/K/A ADS Corporation for FC-7710-04, Flow Measurement in Combined Sewers and Separate Sanitary Sewers, on behalf of the Department of Watershed Management; to waive the Competitive Procurement Provisions contained in Article X of the Procurement and Real Estate Code of the City of Atlanta Code of Ordinances; and for other purposes.

08O0407( 8)            An Ordinance by City Utilities Committee as substituted and amended by Finance/Executive Committee authorizing the Chief Procurement Officer to waive Article X of the City of Atlanta’s Procurement Code and authorizing the Mayor to enter into Renewal Agreement No. 3 with Advanced Disposal Services, Inc., for FC-7650-04A, Annual Contract for Disposal of Municipal Solid Waste, on behalf of the Department of Public Works, for an amount not to exceed $300,000.00; all contracted work will be charged to and paid from Fund, Department and Center Number:  1001 (General Fund) 5212001 (Consultant/Prof. Services) 130213 (Recycling and Collection); and for other purposes. 

08O0408( 9)            An Ordinance by City Utilities Committee as substituted and amended by Finance/Executive Committee authorizing the Chief Procurement Officer to waive Article X of the City of Atlanta’s Procurement Code and authorizing the Mayor to increase Renewal Agreement No. 2 with Republic Services of Georgia, LP for FC-7650-04B, Annual Contract for Disposal of Municipal Solid Waste, on behalf of the Department of Public Works, in an amount not to exceed $2,751,388.35; all contracted work will be charged to and paid from Fund, Department and Center Number:  1001 (General Fund) 5212001 (Consultant/Prof. Services) 130213 (Recycling and Collection); and for other purposes. 


CONSENT AGENDA SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR

08O0409(10)           An Ordinance by City Utilities Committee as substituted and amended by Finance/Executive Committee authorizing the Chief Procurement Officer to waive Article X of the City of Atlanta’s Procurement Code and authorizing the Mayor to enter into Renewal Agreement No. 3 with Republic Services of Georgia, LP for FC-7650-04B, Annual Contract  for Disposal of Municipal Solid Waste, on behalf of the Department of Public Works, in an amount not to exceed $1,600,000.00; all contracted work will be charged to and paid from Fund, Department and Center Number:  1001 (General Fund) 5212001 (Consultant/Prof. Services) 130213 (Recycling and Collection); and for other purposes. 

08O0509(11)           An Ordinance by Councilmembers Howard Shook and Cleta Winslow as substituted and amended by Finance/Executive Committee authorizing the City of Atlanta to waive the Competitive Procurement Provisions contained in Article X, Procurement and Real Estate Code, of the City of Atlanta, Code of Ordinances, on a Month-to-Month Basis to obtain continued services for the City of Atlanta under an expired contract with Atlanta Victim Witness Assistance, Inc., formerly known as Victim Witness Assistance Program, Inc., for Consultation and Support Services to Victims and Witnesses of Crimes in an amount not to exceed $26,000.00 per month; all contracted work to be charged to and paid from Fund, Department Organization and Account Number: 7101 (Agency Fund) 00000 (Balance Sheet Org) 1218052 (Surcharge for Fulton County Victim and Witness Program); and for other purposes.

08O0511(12)           An Ordinance by Councilmembers Cleta Winslow and Howard Shook authorizing the Mayor to execute a Quitclaim Deed conveying the City of Atlanta’s interest in property located at 3493 Donald Lee Hollowell Parkway, Atlanta, Georgia (“Property”), to the Public Safety and Judicial Facilities Authority; to waive Section 2-1574 of the Code; and for other purposes.


CONSENT AGENDA SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

CITY UTILITIES COMMITTEE - CARLA SMITH, CHAIR

08O0410(13)           An Ordinance by City Utilities Committee authorizing the Chief Financial Officer to amend the FY 2008 Budget (Water and Wastewater Renewal and Extension Fund – Commercial Paper, Series I) in the amount of $96,030,000.00 to transfer funds remaining from completed, realigned, postponed or discontinued projects and to add to Appropriation Funds for the Program Management Services ($26,000,000.00), and Sewer Group 2 – Rehabilitation ($70,030,000.00) Projects; and for other purposes.

08O0504(14)           An Ordinance by Councilmembers Carla Smith, Natalyn Archibong and Anne Fauver amending the 2008 (Water and Sewer Renewal and Extension Fund) Budget by adding to anticipations and appropriations in an amount of $68,000.00 for a “Pass Through” Grant Award from the Georgia Environmental Protection Division for the construction of a Greengrid Roof System at the Woodruff Arts Center; and for other purposes.

COMMUNITY DEVELOPMENT/

HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR

08O0322(15)           An Ordinance by Community Development/Human

CDP-08-09                  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 507 Bishop Street, NW, from the “Industrial” Land Use Designation to the “High Density Residential” Land Use Designation; and for other purposes.  (CDP Amendment Public Hearing held 3/10/08)

NPU-E                                                            Council District 8

08O0323(16)           An Ordinance by Community Development/Human

CDP-08-10                  Resources Committee to amend the Land Use Element of the City of Atlanta 2004-2019 Comprehensive Development Plan (CDP) so as to re-designate property that is located at 1329-1339 Ellsworth Industrial (Private Drive), from the “Industrial” Land Use Designation to the “High Density Residential” Land Use Designation; and for other purposes. (CDP Amendment Public Hearing held 3/10/08)

NPU-D                                                            Council District 9

CONSENT AGENDA SECTION I (CONT’D)

RESOLUTIONS

TRANSPORTATION COMMITTEE - CLAIR MULLER, CHAIR

08R0492( 1)            A Substitute Resolution by Transportation Committee authorizing the Mayor to enter into Amendment No. 1 with Allied Aviation Fueling of Atlanta, Inc. for FC-7468-02, Fuel Storage Facility and Fueling Facility Management and Operation Agreement, in an amount not to exceed $810,200.00; to be charged to and paid from CCID 5501 (Airport Revenue Fund) 180302 (DOA Aviation Maintenance–Airfield) 5212001 (Consulting Professional Services) 7563000 (Airport) 000000 (Project) 00000 (Funding Source); and for other purposes.

08R0497( 2)            A Resolution by Transportation Committee authorizing the Mayor to execute a First Amendment to FC-6005008014, Computer Aided Dispatch System with Northrup Gruman Information Technology, Inc., on behalf of the Department of Aviation, in an amount not to exceed $19,785.38, all contracted work will be charged to and paid from CCID Numbers: 5502 (Airport Renewal and Extension Fund) 180201 (DOA Aviation Planning and Development) 5414002 (Facilities other than Bldgs/Infrastructure) 7563000 (Airport) 101172 (Security Improvements) 91249 (DOA R N E 9999) 0000 00000000 00000000.

FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR

08R0406( 3)            A Resolution by Finance/Executive Committee authorizing the Mayor to execute the First Amendment to the Purchase and Sale Agreement between the City of Atlanta and Ponce Park, LLC, to extend the closing date for the property located at 695 Ponce de Leon Avenue, NE also known as City Hall East; and for other purposes.

08R0501( 4)            A Resolution by Finance/Executive Committee authorizing the Mayor or the Mayor’s designee to enter into an 800 MHz Wave 3, Stage 2 Reconfiguration Agreement, as mandated by the Federal Communications Commission, with Sprint Nextel for the reimbursement of costs and direct payment of vendors associated with the reconfiguration of the City’s 800 MHz Radio System; and for other purposes.


CONSENT AGENDA SECTION I (CONT’D)

RESOLUTIONS (CONT’D)

FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR

08R0502( 5)            A Substitute Resolution by Finance/Executive Committee authorizing the Mayor or the Mayor’s designee to enter into appropriate Amendments to the Shaw Environmental, Inc. and AIM Partners, PLC, a Joint Venture FC-7619-03F (“Shaw/AIM”), pursuant to Chapter 2, Article X, Division 4, Section 2-119.1 of the Procurement and Real Estate Code, of the City of Atlanta Code of Ordinances, to include FCC Mandated Rebanding Activities, in an amount not to exceed $144,069.94, to be reimbursed from Sprint Nextel under a Settlement with the FCC and paid from Fund Department, Organization and Account Number: 3503 (Capital Finance Fund) 040401 (Exe General Buildings and Plants) 521001 (Consulting/Professional Services) 1565000 (Gen Gov-Bldgs & Plant); and for other purposes.

08R0527( 6)            A Resolution by Finance/Executive Committee authorizing

***                              the Mayor to enter into an appropriate Contractual Agreement with Oracle USA, Inc., pursuant to Chapter 2, Article X, Division 4, Section 2-1191.1 of the Procurement and Real Estate Code, of the City of Atlanta Code of Ordinances, for Software Licenses, Support and Maintenance for 5 years, on behalf of the Department of Information Technology, in an amount not to exceed $964,867.18 per year for the first three years, $580,534.60 for the fourth year, and $600,999.28 for the fifth year for a total amount not to exceed $4,076,135.30; all contracted work shall be charged to and paid from Fund Department Organization and Account Number: 1001 (General Fund) 050211 (DIT IT Network Management) 5213001 (Consulting/Professional Services-Technical) 1535000 (Data Processing/Management Information); and for other purposes.

08R0528( 7)            A Resolution by Finance/Executive Committee authorizing

***                              the Mayor or her designee to execute an Amendment to the Lease Agreement with the Progressive Welcome House SRO, L.P. to correct the legal description for property located at 234 Memorial Drive, Atlanta, Georgia, correcting the boundary of said property; and for other purposes.


CONSENT AGENDA SECTION I (CONT’D)

RESOLUTIONS (CONT’D)

CITY UTILITIES COMMITTEE - CARLA SMITH, CHAIR

08R0482( 8)            A Resolution by City Utilities Committee authorizing the Mayor to enter into an agreement with Southeast Pipe Survey, Inc./Lori’s Transportation & Excavation, LLC, JV for FC-3007000051, Contract for Sewer Group Two Rehabilitation Phase I-Pipe Bursting, Contract A, on behalf of the Department of Watershed Management, in an amount not to exceed $7,980,222.30; all contracted work shall be charged to and paid from Fund Department and Account Number: 5058 (2004 Water & Wastewater Bond Fund) 170215 (DWM Wastewater Sewer Repair) 5414002 (Facilities other than Bldgs./Infrastructure – CIP) PTAEO Funding Source 17102445/101/505821445/5414002 Fac. not Buildings-CIP/City of Atlanta; and for other purposes.

08R0484( 9)            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 the Westin Buckhead Atlanta, located at 3319 Peachtree Road, NE Atlanta, Georgia, for the installation of two (2) 1,500 gallon grease traps, to service the existing kitchen facilities in the right-of-way of in Around Lenox Drive, NE (also known as Wooddale Drive); and for other purposes.

COMMUNITY DEVELOPMENT/

HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR

08R0487(10)           A Resolution by Community Development/Human Resources Committee authorizing the Mayor to execute the First Amendment to the agreement between the City of Atlanta and Habitat for Humanity in Atlanta, Inc., to reallocate $80,000.00 among contract line items; and for other purposes.

08R0500(11)           A Resolution by Community Development/Human Resources Committee authorizing the Mayor or her designee to execute the First Amendment to the agreement between the City of Atlanta and Wallace, Roberts & Todd, LLC, for FC-6005007978, City of Atlanta Green Space Plan, on behalf of the Department of Planning and Community Development, to extend the contract term until September 30, 2008; and for other purposes.

CONSENT AGENDA SECTION I (CONT’D)

RESOLUTIONS (CONT’D)

PUBLIC SAFETY AND LEGAL

ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

Claims with favorable recommendations:

08-R-0435 ( 1)            Claim of Freddie Lovett and Phyllis Lovett, for damages alleged to have been sustained as a result of a series of sewer backups on July 6, July 10 and August 13, 2005 and 3148 Sorrento Circle.                                                                                      $32,000.00

08-R-0436 ( 2)            Claim of United Nation of Islam, for damages alleged have been sustained as a result of an automobile accident on January 17, 2008 at 882 Martin Luther King, Jr. Drive. $3,284.66

08-R-0437 ( 3)            Claim of Ralph Winston Whitlock, Jr., for damages alleged to have been sustained as a result of driving over an unsecured construction cut on October 30, 2007 at 542 Courtland Street.                                                                                                $1,435.13

08-R-0438 ( 4)            Claim of Progressive Mountain Insurance Company, as subrogee of Tajj Semiens, for property damages alleged to have been sustained due to an automobile accident on November 12, 2007 at 1011 Smith Street, SW.                                               $3,843,46

08-R-0439 ( 5)            Claim of Latrice Huff-Conde, for damages alleged to have been sustained as a result of striking a metal plate on October 31, 2007 at 1610 Hosea L. Williams Drive.       $2,640.00

08-R-0440 ( 6)            Claim of Kecia Brown, for damages alleged to have been sustained from an automobile accident on October 25, 2007 at 1350 Howell Mill Road, NE.                    $1,596.56

08-R-0441 ( 7)            Claim of Stanley Williams, for damages alleged to have been sustained as a result of a breach of a rental agreement on January 5, 2008 at 537 Park Avenue.         $3,193.20

08-R-0442 ( 8)            Claim of Garry Dale Sparks, for vehicular damages alleged to have been sustained when ice fell for the City’s Radio tower on January 17, 2008 at 315 Chester Avenue, SE.     $2,195.64

CONSENT AGENDA SECTION I (CONT’D)

RESOLUTIONS (CONT’D)

PUBLIC SAFETY AND LEGAL

ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

Claims with favorable recommendations:

08-R-0443 ( 9)            Claim of Progressive Mountain Insurance Company, as subrogee of Antonio Williams, for property damages alleged to have been sustained due to an automobile accident on November 12, 2007 at 1011 Smith Street, SW.                                               $2,123,78

08-R-0444 (10)           Claim of State Farm Insurance Companies, as subrogee of Michael E. Lewis, for property damages alleged to have been sustained when a vehicle drove over a construction plate that was partially covering a construction site on September 22, 2007 at 2830 Water Road, SW.                                                                                                $2,203,47

08-R-0445 (11)           Claim of State Farm Insurance Companies, as subrogee of Vernay Fitzpatrick, for damages alleged to have been sustained as a result of an automobile accident on July 21, 2007 at Glenwood Avenue and Carter Avenue.                                                      $2,554,00

08-R-0446 (12)           Claim of James Martin, for damages alleged to have been sustained as a result of driving over an unsecured metal plate on November 1, 2007 at the intersection of Lenox Road, NE and East Paces Ferry Road.                                                                              $1,275.96

08-R-0447 (13)           Claim of Richard L. McDonald, for damages alleged to have been sustained as a result of driving over an unsecured metal plate on November 1, 2007 at 200 Old Ivy Square, NE.         $693.04

08-R-0448 (14)           Claim of BellSouth Telecommunications, Inc., Corporate Security/Claims Investigations, for damages alleged to have been sustained as a result of an underground utility cable being damages on July 19, 2006 at 3051 Delmar Lane.                                         $55,538.37

08-R-0449 (15)           Claim of Leo J. Jackson, II, for damages to have been sustained as a result of a broken water line on October 3, 2007 at 2454 Memorial Drive, SE.                     $1,239,18


CONSENT AGENDA SECTION I (CONT’D)

RESOLUTIONS (CONT’D)

PUBLIC SAFETY AND LEGAL

ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

Claims with favorable recommendations:

08-R-0450 (16)           Claim of GEICO Direct, as subrogee of Carlene Adrien, for damages alleged to have been sustained as a result of an automobile accident on December 4, 2007 at Auto Port Drive and Airport Boulevard.                                                                    $2,026.36

08-R-0451 (17)           Claim of Nationwide Insurance Company, as subrogee of Mark A. and Suzette Carney, for damages alleged to have been sustained as a result of an automobile accident on December 11, 2007 on Interstate 285 ramp NW at Bolton Road.                    $16,365.60

08-R-0452 (18)           Claim of Dr. Richard E. Beckford, for damages alleged to have been sustained due to a collapsed sewer line in the roadway on December 2, 2007 at 3085 Campbellton Road, SW.        $1,000.00

08-R-0453 (19)           Claim of Luevadia Jowers, for damages alleged to have been sustained as a result of a sewer back-up on July 7, 2005 at 1299 Fair Street.                            $1,500.00

08-R-0454 (20)           Claim of Nyrshea Williams, through her attoney, Richard Hobbs, for damages alleged to have been sustained as a result of vehicular accident on November 23, 2006 at Windsor Street at Crumley Street.                                                                        $7,000.00

08-R-0455 (21)           Claim of Karen McCoy, for damages alleged to have been sustained as a result of vehicular accident on April 6, 2007 at Mitchell Street and Broad Street.   $986.64

08-R-0456 (22)           Claim of Prakash International, Inc., for damages alleged to have been sustained as a result of an unsecured load falling onto claimant’s vehicle on December 3, 2007 on Interstate 75 North at Mount Paran Road.                                                                  $1,532.02

08-R-0457 (23)           Claim of Ruby Snow, for damages alleged to have been sustained as a result of a vehicular accident on November 29, 2007 at Hosea Williams Drive and Warren Street.     $3,925.00

CONSENT AGENDA SECTION I (CONT’D)

RESOLUTIONS (CONT’D)

PUBLIC SAFETY AND LEGAL

ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

Claims with unfavorable recommendations:

08-R-0458 (24)           Claim of Steven Hollingsworth, through his attorney Bhrett Pizza, for damages alleged to have been sustained as a result of walking on an uncovered water meter box on January 31, 2006 at an undisclosed location within the City of Atlanta.

08-R-0459 (25)           Claim of Rachella Gonzales, through her attorney, Joseph A. Roseborough, for damages alleged to have been sustained as a result of an arrest on August 24, 2004 at 585 Memorial Drive, SE.

08-R-0460 (26)           Claim of Jannetta Parker, through her attorney, Joseph A. Roseborough, for damages alleged to have been sustained as a result of an arrest on August 24, 2004 at 585 Memorial Drive, SE.

08-R-0461 (27)           Claim of Latanya Mitchell, through her attorney, Joseph A. Roseborough, for damages alleged to have been sustained as a result of an arrest on August 24, 2004 at 585 Memorial Drive, SE.

08-R-0462 (28)           Claim of Jennifer L. Curry, for damages alleged to have been sustained as a result of driving over an unsecured construction cut on January 1, 2007 at 208 Carroll Street.

08-R-0463 (29)           Claim of Chris Phillips, for damages alleged to have been sustained as a result of driving over a pothole on November 2, 2007 on Lenox Road.

08-R-0464 (30)           Claim of Ablelardo Itehua, for damages alleged to have been sustained as a result of vehicle window being damaged on October 30, 2007 at an undisclosed location.

08-R-0465 (31)           Claim of Lavette Mildred Mosley, for damages alleged to have been sustained as a result of driving over a pothole on September 18, 2007 at 11th Street and Peachtree Street.


CONSENT AGENDA SECTION I (CONT’D)

RESOLUTIONS (CONT’D)

PUBLIC SAFETY AND LEGAL

ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

Claims with unfavorable recommendations:

08-R-0466 (32)           Claim of Katherine E. Murphy, for damages alleged to have been sustained as a result of driving over a construction cut on February 24, 2007 at 1950 Dekalb Avenue.

08-R-0467 (33)           Claim of Dr. Todd Surloff, for damages alleged to have been sustained as a result of a cross walk installation on September 10, 2007 at 2021 North Druid Hill Road.

08-R-0468 (34)           Claim of Faye Farley, for damages alleged to have been sustained as a result of driving over an unsecured construction cut on July 23, 2007 at 40 Mildred Place.

08-R-0469 (35)           Claim of Robert B. Stevens, for damages alleged to have been sustained as a result of driving into a sinkhole caused by a water main break on October 25, 2007 at Forest Ridge Court.

08-R-0470 (36)           Claim of Sharice Griffin, through her attorney, L. Chris Stewart, for damages alleged to have been sustained as a result of a trip and fall incident in an uncovered water meter on September 19, 2007 at 680 Ira Street.

 

08-R-0471 (37)           Claim of Andrea Casson, for damages alleged to have been sustained as a result of a water meter leak on December 20, 2006 at 767 Drewry Street.

08-R-0472 (38)           Claim of Zina Craft, for damages alleged to have been sustained as a result of an automobile accident on May 22, 2006 at Paces Ferry Place and West Paces Ferry Road.

08-R-0473 (39)           Claim of JNR Adjustment Company Inc., as subrogee of Comcast, for damages alleged to have been sustained as a result of a severed cable line on September 6, 2007 at 4060 Martin Luther King, Jr. Drive.

08-R-0474 (40)           Claim of Octavia Reynolds, for damages alleged to have been sustained as a result of car being towed on April 27, 2007 at or near the intersection of Parsons Street, SW and John Hope Drive, SW.

CONSENT AGENDA SECTION I (CONT’D)

RESOLUTIONS (CONT’D)

PUBLIC SAFETY AND LEGAL

ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

Claims with unfavorable recommendations:

08-R-0478 (41)           Claim of Anna-Maria Johnson, for through her attorney, Stephen D. Apolinsky, for damages alleged to have been sustained as a result of a trip and fall incident in an open construction cut on October 3, 2006 at 860 Peachtree Street.


CONSENT AGENDA SECTION II

ORDINANCES FOR FIRST READING

TRANSPORTATION COMMITTEE - CLAIR MULLER, CHAIR

08O0498( 1)            An Ordinance by Transportation Committee to rescind the Residential Parking Program, on Seminole Avenue between Cleburne Avenue and the northern Dead-End of Seminole Avenue; and for other purposes.

TO BE REFERRED TO TRANSPORTATION COMMITTEE

FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR

08O0499( 2)            An Ordinance by Finance/Executive Committee [i] authorizing the extension of Contract No. FC-6760-97, Parking Management Services, with Parking Company of America, on a month-to-month basis, until the execution of a new Contract or October 5, 2008, whichever is earlier; [ii] waiving the Competitive Source Selection Requirements of Sections 2-1187, 2-1188, 2-1189 and 2-1191.1 of the Code, as well as any other conflicting Code provisions; and for other purposes.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE

CITY UTILITIES COMMITTEE - CARLA SMITH, CHAIR

08O0479( 3)            An Ordinance by City Utilities Committee authorizing the Mayor or designee to enter into appropriate Railroad Crossing Agreements and CSX Transportation, Inc. and Norfolk Southern Railway Company associated with Sandy Creek Basin Projects, Proctor Creek Basin Projects, South River Basin Projects, Sugar Creek Basin Projects, Long Island Basin Projects, Nancy Creek Basin Projects, Peachtree Creek Basin Projects, Utoy Creek Basin Projects and Intrenchment Creek Basin Projects on behalf of the Department of Watershed Management; all costs associated with said agreements will be charged to and paid from the appropriate Accounts and Centers for Funds 5052 (Water & Wastewater Renewal & Extension), 5057 (2001 Water & Wastewater Bond Fund), 5058 (2004 Water & Wastewater Bond Fund) Future Water and Sewer Bond Funds; and for other purposes.

TO BE REFERRED TO CITY UTILITIES COMMITTEE


CONSENT AGENDA SECTION II (CONT’D)

ORDINANCES FOR FIRST READING (CONT’D)

CITY UTILITIES COMMITTEE - CARLA SMITH, CHAIR

08O0480( 4)            An Ordinance by City Utilities Committee authorizing the Mayor or designee to execute all appropriate documents for the acquisition of certain permanent easements, temporary construction easements, rights-of-way or other necessary property interests associated with Sandy Creek Basin Projects, Proctor Creek Basin Projects, South River Basin Projects, Sugar Creek Basin Projects, Long Island Basin Projects, Nancy Creek Basin Project, Peachtree Creek Basin Project, Utoy Creek Basin Projects and Intrenchment Creek Basin Projects; to negotiate with property owners to acquire necessary permanent easements, temporary construction easements, rights-of-way or other necessary property interests, including condemnation proceedings; authorizing the waiver of applicable portions of Article X of the City’s Real Estate and Procurement Code; authorizing the City Attorney to proceed with the Declaration of Taking Method authorized by O.C.G.A. §§22-3-140 and 32-3-4 to acquire title to rights-of-way, easements and other related property interests necessary to complete the Capacity Relief Sewer Projects, on behalf of the Department of Watershed Management; all contracted work and payments for property interests will be charged to and paid from the appropriate Account Numbers associated with Funds 5052 (Water & Wastewater Renewal & Extension), 5057 (2001 Water & Wastewater Bond Fund), 5058 (2004 Water & Wastewater Bond Fund), And Future Water and Sewer Bond Funds; and for other purposes.

TO BE REFERRED TO CITY UTILITIES COMMITTEE

08O0481( 5)            An Ordinance by City Utilities Committee amending the 2008 (1994, 1997 G. O. Public Improvement Bond Fund) Budget by transferring from and to appropriations in the amount of $2,023,948.81, to fund the Assets Management and Improvement Program; and for other purposes.

TO BE REFERRED TO CITY UTILITIES COMMITTEE


CONSENT AGENDA SECTION II (CONT’D)

ORDINANCES FOR FIRST READING (CONT’D)

COMMUNITY DEVELOPMENT/

HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR

08O0486( 6)            An Ordinance by Community Development/Human Resources Committee to amend Chapter 158, Article II, Division 2, Subsection 158-65 (a) (3) (c) and Article II, Division 3, Subsection 158-101 (e) of the Code of Ordinances of the City of Atlanta, Georgia, so as to clarify the City’s Tree Protection Ordinance; and for other purposes.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

PUBLIC SAFETY AND LEGAL

ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

08O0488( 7)            An Ordinance by Public Safety and Legal Administration Committee amending Section 78-57 of the Code of Ordinances for the City of Atlanta in order to bring the Fire Safety Code of the City of Atlanta into compliance with current Rules and Regulations of the Fire Commissioner for the State of Georgia; and for other purposes.

TO BE REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE


TRANSPORTATION COMMITTEE                                 CLAIR MULLER, CHAIR

ORDINANCE FOR SECOND READING

08O0508( 1)            An Ordinance by Councilmember Ivory Lee Young, Jr. to install All-Way Stop Signs at the intersection of Baker Road and Hood Avenue NW; and for other purposes.

FAVORABLE (1 NAY)

RESOLUTIONS

08R0489( 1)            A Substitute Resolution by Transportation Committee authorizing the Mayor to execute a Contract for FC-3007000038-B, Managing General Contractor Services with Bryson Constructors, Inc./Precision 2000, Inc., a Joint Venture, in an amount of $2,000,000.00 for the first year of the contract, to provide Managing General Contractor Services for the Department of Aviation on a task order basis, at Hartsfield-Jackson Atlanta International Airport.  All services will be charged to and paid from CCID Number: 5502 (Airport Renewal and Extension Fund) 180201 (DOA Aviation Planning and Development) 5414002 (Facilities other than Bldgs/Infrastructure-CIP) 7563000 (Airport) 100287 (General Improvements) 91249 (DOA R N E 9999) 0000 00000000 00000000.  PTAEO 18100287 (General Improvements) 101 (Task) 550291249 (DOA R N E 9999) 5414002 (Facilities other than Bldgs/Infrastructure-CIP) and FDA; and for other purposes.

FAVORABLE ON SUBSTITUTE ON CONDITION

08R0490( 2)            A Substitute Resolution by Transportation Committee authorizing the Mayor to execute a Contract for FC-3007000038-D, Managing General Contractor Services with Turner Construction Company, Inc./Davis & Associates, Inc., a Joint Venture, in an amount of $2,000,000.00 for the first year of the contract, to provide Managing General Contractor Services for the Department of Aviation on a task order basis, at Hartsfield-Jackson Atlanta International Airport.  All services will be charged to and paid from CCID Number: 5502 (Airport Renewal and Extension Fund) 180201 (DOA Aviation Planning and Development) 5414002 (Facilities other than Bldgs/Infrastructure-CIP) 7563000 (Airport) 100287 (General Improvements) 91249 (DOA R N E 9999) 0000 00000000 00000000.  PTAEO 18100287 (General Improvements) 101 (Task) 550291249 (DOA R N E 9999) 5414002 (Facilities other than Bldgs/Infrastructure-CIP) and FDA; and for other purposes.

FAVORABLE ON SUBSTITUTE ON CONDITION

TRANSPORTATION COMMITTEE (2)               CLAIR MULLER, CHAIR

RESOLUTIONS (CONT’D)

08R0491( 3)            A Substitute Resolution by Transportation Committee authorizing the Mayor to execute a Contract for FC-3007000038-F, Managing General Contractor Services with GSC Atlanta, Inc./Civil Works, Inc., in an amount of $4,000,000.00 for the first year of the contract, to provide Managing General Contractor Services for the Department of Aviation on a task order basis, at Hartsfield-Jackson Atlanta International Airport.  All services will be charged to and paid from CCID Numbers: ($2,000,000.00) PTAEO: 18102500 (CONRAC Parking Facility) 101 (Task) 550291249 (DOA R N E 9999) 5414002 (Fac. not Buildings-CIP) and FDA; 5518 (2006 Airport CONRAC Bond Fund) 180201 (DOA Aviation Planning and Development) 5413002 (Building Improvements) 7563000 (Airport) 102500 (CONRAC Parking Facility) 21380 (DOA 2006 CONRAC 93CT) 0000 00000000 00000000 and ($2,000,000.00) PTAEO: 18102826 (Building Maintenance-P&D) 101 (Task) 550291249 (DOA R N E 9999) 5414002 (Fac. not Buildings-CIP) and FDA: 5502 (Airport Renewal and Extension Fund) 180201 (DOA Aviation Planning and Development) 5414002 (Fac. not Buildings CIP) 7563000 (Airport) 102826 (Building Maintenance P&D) 91249 (DOA R N E 9999) 0000 00000000 00000000; and for other purposes.

FAVORABLE ON SUBSTITUTE ON CONDITION

08R0493( 4)            A Resolution by Transportation Committee authorizing the Mayor to execute Renewal Agreement No. 2 with Bracy Tucker Brown, Inc. for FC-7531-02-B; Washington Representative, on behalf of the Department of Aviation, in an amount not to exceed $144,000.00; All contracted work to be charged to and paid from CCID Number 5501 (Airport Revenue Fund) 180405 (DOA Aviation Marketing) 5212001 (Consulting/Professional Services) 7563000 (Airport) 000000 (Default) 00000 (Default) 0000(Default) 00000000 (Default) 00000000 (Default).

FAVORABLE ON CONDITION


TRANSPORTATION COMMITTEE (3)               CLAIR MULLER, CHAIR

RESOLUTIONS (CONT’D)

08R0494( 5)            A Substitute Resolution by Transportation Committee authorizing the Purchase of certain Real Property Consisting of approximately 24.68 acres and Improvements thereon known as the Wynterbrook Apartment Complex, located at 2600 Camp Creek Parkway in the City of College Park , Fulton County , Georgia , for a negotiated purchase price not to exceed $10,000,000.00, pursuant to the Airport Noise Compatibility Program; authorizing residential relocation assistance consistent with the Airport Noise Compatibility Program and Federal Land Acquisition and Relocation Assistance Guidelines.  The purchase price, acquisition costs and relocation assistance shall be charged to and paid from CCID Numbers 5502 (Airport Renewal and Extension Fund) 180201 (DOA Aviation Capital Planning & Development) 5411001 (Land) 7563000 (Airport) 100033 (AIP 01) 31285 (DOA R N E AZ51) 0000 (Default) 00000000 (Default) 00000000 (Default); PATAEO 18100033 (Project) 147 (Task) 550231285 Award 5411001 (Land); and for other purposes.

FAVORABLE ON SUBSTITUTE ON CONDITION

PAPERS HELD IN COMMITTEE

07O2418( 1)            An Ordinance by Councilmember Kwanza Hall to amend Section 150-113 and to add new Sections 150-120 through 15-128 of the Code of Ordinances of the City of Atlanta so as to establish procedures for the permitting and regulations of Valet Parking Services, to authorize the charging of fees in connection with the regulations and permitting of Valet Parking Services, to establish penalties for the violation of the procedures and requirements for Valet Parking Services, and for other purposes.  (Held 11/14/07 for PAB notification and for a Public Hearing 11/28/07; Public Hearing held in Committee 12/12/07; Public Hearing to be held 1/30/08; Public Hearing held in Committee 1/30/08; Continue to hold for review of other major cities that currently have valet parking regulations; Informational work session held 2/11/08.)

08O0079( 2)            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.  (Referred back to Transportation Committee by Council 1/22/08; Held 1/30/08 at the request of the Department of Public Works for additional study.)

TRANSPORTATION COMMITTEE (4)               CLAIR MULLER, CHAIR

PAPERS HELD IN COMMITTEE (CONT’D)

08O0204( 3)            An Ordinance by Councilmember Jim Maddox authorizing the Mayor or her designee to install a Traffic Signal at the Intersection of Campbellton Road, SW and Kimberly Road, SW; and for other purposes.  (Held 1/30/08 for two cycles at the request of the Department of Public Works for additional study.)

08R0171( 4)            A Resolution by Transportation Committee authorizing the Mayor to execute an Amendatory Agreement with Delta Air Lines, Inc. for the reinstatement of certain property that was temporarily relinquished to the City of Atlanta by Delta Air Lines, Inc., for the construction of the new Air Traffic Control Tower; and for other purposes.  (Held 1/30/08 by the Committee pending introduction and consideration of companion legislation.)

08R0415( 5)            A Substitute Resolution by Transportation Committee authorizing the Mayor to execute Amendment No. 1 to the Reimbursable Agreement with the Atlanta Airlines Terminal Corporation for the Removal and Replacement of Roofing on Concourses A and B at Hartsfield-Jackson Atlanta International Airport, for a cost to the City not to exceed $100,000.00, to be charged to and paid from CCID number: 5502 (Airport Renewal and Extension Fund) 180201 (DOA Aviation Capital Planning & Development) 5414002 (Facilities other than Bldgs/Infrastructure–CIP) 7563000 (Airport) 102826 (Building Maintenance Fund–P&D) 91249 (DOA R N E 9999) 0000 00000000 00000000; PATEO 18102825 (Project) 101 (Task) 550291249 (Award) 5414002 (Facilities Not Buildings-CIP);and for other purposes.  (Held 2/27/08 pending additional study; Substituted and held 3/12/08.)

08R0495( 6)            A Substitute Resolution by Transportation Committee authorizing the Mayor to execute an Agreement with Image Management Solutions, for FC-3007000042, Document Control Scanning Services in an initial amount of $500,000.00; All services will be charged to and paid from CCID fund 5502 (Airport Renewal and Extension Fund) Department 180201 (DOA Aviation Capital Planning and Development) Account 5234001 (Printing & Binding)


TRANSPORTATION COMMITTEE (4)               CLAIR MULLER, CHAIR

PAPERS HELD IN COMMITTEE (CONT’D)

Function Activity 7563000 (Airport) Project 102825 (Planning & Development G&A) Funding Source 91249 (DOA R N E 9999) Inter Company 0000 (Default) Future 1 00000000 (Default) Future 2 00000000 (Default).  PATAEO: 18102825 (Project) 101 (Task) 550291249 (Award) 5234001 (Printing & Binding); and for other purposes.  (Held 3/12/08 at the request of the Committee pending legislative white paper from Law Department and the Law Department addressing recourse for lost or damaged documents.)

08R0496( 7)            A Substitute Resolution by Transportation Committee authorizing the Mayor to execute the following Airport Concession Lease Agreements: (1) FC-6007000034; Retail Package #1 with Areas ARM Atlanta JV; (2) FC-6007000035; Retail Package #2 with HMS Host-Shellis-Trans Air JV; (3) FC-6007000036; Retail Package #3 with Paradies-Atlanta, LLC; (4) FC-6007000037; Retail Package #4 with HMS Host-Shellis-Trans Air JV; (5) FC-6007000038; Retail Package #5 with Areas ARMS Atlanta JV; (6) FC-6007000039; Retail Package #6 with Paradies-Atlanta, LLC; (7) FC-6007000040; Retail Package #7 with Paradies-Atlanta, LLC; (8) FC-6007000041; Retail Package #8 with L’Occitane Airport Venture, LLC; (9) FC-6007000042; Retail Package #9 with Areas Arm Atlanta JV; (10) FC-6007000043; Retail Package with Areas Arm Atlanta JV #10; and (11) FC-6007000044; Retail Package #11 with Areas Arm Atlanta JV, on behalf of the Department of Aviation for Various Concession Services at Hartsfield-Jackson Atlanta International Airport; and for other purposes.  (Held 3/12/08 per the Committee pending a work session 3/18/08.)

08R0506( 8)            A Resolution by Councilmember Mary Norwood establishing a Technical Review Committee for the purpose of advising the City on construction projects associated with the Hartsfield Jackson Development Program; and for other purposes.  (Held at the request of the author for further review and discussion.)

MEMBERS PRESENT:  MULLER, MOORE, MARTIN, WINSLOW & NORWOOD


ZONING COMMITTEE