Note: To view the full details of the legislation, click on the ID number underlined on the left at the start of the caption. You will need Adobe Acrobat Reader to view the details. If you do not have the reader, download it here.

ATLANTA CITY COUNCIL

AGENDA

May 5, 2008

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

Order of Business for the Atlanta City Council

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 2

12. Consent Agenda 4

13. Report of Standing Committees Committee Chairs

Finance/Executive Committee Howard Shook 36

Committee on Council** Felicia A. Moore 48

City Utilities Committee** Carla Smith 51

Community Development/Human

Resources Committee Jim Maddox 61

Public Safety and Legal

Administration Committee Cleta Winslow 72

Transportation Committee Clair Muller 79

Zoning Committee Ivory L. Young, Jr. 82

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

*** Item(s) that did not appear on any committee�s regular printed agenda. (Page 13)

5. PROCLAMATIONS, COMMENDATIONS AND OTHER SPECIAL AWARDS

Councilmember Jim Maddox � proclamation being presented to:

Honoring The National Association of Letter Carriers Food Drive Day

Councilmember Ivory Lee Young, Jr. � proclamations being presented to: Zeta Phi Beta Sorority, Inc.

8. COMMUNICATIONS

08-C-0868 (1) A Communication by City Auditor Leslie Ward submitting to the Mayor and Members of Council a Performance Audit report on the Review of the Oracle ERP First Payroll Run.

RECOMMENDATION TO FILE

08-C-0869 ( 2) A Communication by Councilmembers Howard Shook, District 7; Clair Muller, District 8, and Mary Norwood, Post 2 At-Large, appointing Ms. Holly Savannah Ferguson to serve as a member of the Atlanta Urban Design Commission. This appointment is to fill an unexpired term of Mr. Comer Jennings which expires 2/05/2010.

RECOMMENDATION TO REFER TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

11. UNFINISHED BUSINESS

06O1573( 1) 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.

At the Regularly Scheduled meeting of April 21, 2008, Councilmember Hall made a Motion to Table 06-O-1573 for a two-week time certain. It was properly Seconded and CARRIED by a roll call vote of 13 yeas; 0 nays.

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

08O0549( 2) An Ordinance by Councilmembers Jim Maddox and Howard Shook to provide for the Annexation of land to the Corporate Limits of the City of Atlanta, Georgia; to provide for notification to the Department of Community Affairs of the State of Georgia of such annexation; and for other purposes.

At the Regularly Scheduled meeting of April 21, 2008, Councilmember Shook made a Motion to Table both 08-O-0549 and 08-O-0550. Without Objection, the Motion CARRIED by a roll call vote of 13 yeas; 0 nays.

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

08O0550( 3) An Ordinance by Councilmembers Jim Maddox and Howard Shook as amended by Finance/Executive Committee to provide for the Annexation of land known as Huntington Community (Pompey Drive/Old Fairburn Road) to the Corporate Limits of the City of Atlanta; to provide for notification to the Department of Community Affairs; and for other purposes. (Public Hearing held 4/2/08)

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

08C0671( 4) A Communication by Mayor Shirley Franklin re-appointing The Honorable Jim Maddox to serve as a member of the Budget Commission for the City of Atlanta . This appointment is for a term of one (1) year, scheduled to begin on the date of Council confirmation.

At the Regularly Scheduled meeting of April 21, 2008, Councilmember Martin made a Motion to Table Communication 08-C-0671 for a two-week time certain. It was properly Seconded and the Motion CARRIED by a roll call vote of 12 yeas; 0 nays.

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

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

FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR

08O0350( 1) An Ordinance by Councilmembers C. T. Martin, Felicia A. Moore, Clair Muller, Ceasar C. Mitchell, Howard Shook , Natalyn Archibong, Joyce Sheperd, Anne Fauver, Ivory Lee Young, Jr., Kwanza Hall, Mary Norwood and H. Lamar Willis as substituted by Finance/Executive Committee amending Chapter 2, Article X, Division 2, Section 2-1142 of the Code of Ordinances of the City of Atlanta to require the Departments to prepare Quarterly Reports of Project Plans and Milestones for all construction contracts entered into by the City of Atlanta worth $10,000,000.00 or more; and for other purposes.

08O0630( 2) A Substitute Ordinance by Finance/Executive Committee to provide for the use of Passenger Facility Charge Revenues to fund the optional redemption of the Series 2004K-1 and Series 2004K-2 Bonds; and for other purposes.

08O0631( 3) A Substitute Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer to amend the 2008 (Water and Wastewater Revenue Fund) Budget, on behalf of the Department of Watershed Management, in the amount of $6,366,316.14 by transferring funds from 2J21 (Water And Wastewater Renewal & Extension Fund) 791001 (Reserve For Appropriations) T11001 (Reservation Of Fund Appropriations) to 2J01 (Water And Wastewater Revenue Fund) 792001 (Reserve, Designated) T51019 (GEFA Loan-Water And Wastewater), to comply with Georgia Environmental Facilities Authority Loan Covenants; and for other purposes.

08O0633( 4) An Ordinance by Finance/Executive Committee to transfer Water and Wastewater Debt Service Reserve Accounts Interest Earnings, in the amount of $12,903,984.93, by transferring $1,857,445.58 from 2J27 (2001 Water and Wastewater Bond Fund) 781001 (Sinking Fund Requirement) T31Z04109999 (Debt Service Requirement), $2,595,308.63 from 2J27 (2001 Water and Wastewater Bond Fund) 791001 (Reserve for Appropriation) T11001 (Reserve of Fund Appropriations), $8,451,230.72 from 2J28 (2004 Water And Wastewater Bond Fund) 791001 (Reserve for Appropriation) T11001 (Reserve of Fund Appropriations), to 2J51 (Water and Wastewater Sinking Fund) 783010 (Interest Due) T65102 (Water and Wastewater Bond 2001A) ($4,452,754.21), 2J51 (Water and Wastewater Sinking Fund) 783010 (Interest Due) T65106 (Water and Wastewater 2004 Bond) ($8,451,230.72), for debt service payment; and for other purposes.

08O0648( 5) An Ordinance by Finance/Executive Committee to correct Ordinance Number 07-O-0870 Adopted by the Atlanta City Council on June 4, 2007 and Approved by the Mayor on June 12, 2007; and for other purposes.

08O0820( 6) An Ordinance by Councilmembers Felicia A. Moore, H. Lamar Willis, Mary Norwood, Clair Muller, Howard Shook , Joyce M. Sheperd, Cleta Winslow, Natalyn Archibong, Ivory Lee Young, Jr., C. T. Martin, Kwanza Hall, Ceasar C. Mitchell and Anne Fauver to amend the Code of the City of Atlanta, Georgia by amending Article 3, Chapter 5, Section 3-505 (c) so as to identify circumstances effecting reemployment of retirees; and for other purposes.

08O0836( 7) An Ordinance by Councilmember Howard Shook as substituted by Finance/Executive Committee to (1) provide for the issuance and sale of Tax Allocation Bonds (BeltLine Project) for the initial phase of the implementation of the BeltLine Redevelopment Plan, in multiple series, from time to time, in the aggregated principal amount not to exceed $120,000,000.00 (The �Bonds�), (2) provide for the issuance and sale of an initial series of bonds designated �City of Atlanta Tax Allocation Bonds (BeltLine Project), Series 2008� (The �Series 2008 Bonds�), for the purpose of providing funds to pay, or to be applied or contributed toward, the payment of other redevelopment costs associated with the projects identified on Schedule 1 hereto (The �2008 Projects�); (3) amend certain provisions of the City�s Ordinance Number 05-O-1733, (4) authorize paying expenses incident to accomplishing all of the foregoing, (5) authorize the execution of financing documents in respect of projects in the BeltLine TAD including the 2008 Projects, including a Master Indenture of Trust, a First Supplemental Indenture of Trust with respect to the Series 2008 Bonds and a Bond Purchase Contract, and (6) authorize certain other related actions, all in connection with the issuance and sale of the foregoing described Series 2008 Bonds.

08O0844( 8) An Ordinance by Councilmembers Carla Smith and Ceasar C. Mitchell authorizing the Mayor to execute a Quitclaim Deed conveying the City�s interest in Lakewood Heights Elementary School located at 335 Sawtell Avenue, Atlanta, Georgia, in Land Lots 39 and 40 of the 14^th District, Fulton County, Georgia (�Property�), in an amount not to exceed $1.00, to allow the Atlanta Independent School System to dispose of the property; and for other purposes.

08O0850( 9) An Ordinance by Councilmember Clair Muller as substituted by Finance/Executive Committee to transfer funds in the amount of $5,000.00 from Council District 8 Expense Account to Public Works� Roadways & Walkways/Supplies, Consumable-Raw Bldg. Material Account for the installation of curbing in front of 2590 Rivers Road to the curve at Muscogee Avenue; and for other purposes.

COMMUNITY DEVELOPMENT/ HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR

08O0556(10) An Ordinance by Councilmember Anne Fauver to re-instate the boundaries of the Morningside/Lenox Park Neighborhood in NPU-F which were changed in the update of the City of Atlanta�s 2007 Official Neighborhood Boundary Map pursuant to the authority granted by Ordinance 07-O-0935; and for other purposes.

08O0635(11) A Substitute Ordinance by Community Development/Human Resources Committee amending the 2008 (Community Development Fund) by transferring to and from Appropriations in the amount of $1,382,994.00, amending the 2008 (Home Investment Fund) by transferring to and from Appropriations in the amount of $387,982.00 and amending the 2008 (Intergovernmental Grant Fund) Budget by transferring to and from Appropriations in the amount of $211,020.00; to setup Administrative Accounts in the 2008 Community Development Block Grant (CDBG), 2008 Emergency Shelter Grant (ESG), 2008 Home Investment Partnership (HOME), and 2008 Housing Opportunities for Persons with AIDS (HOPWA) Grant Programs; and for other purposes.

08O0636(12) A Substitute Ordinance by Community Development/Human Resources Committee anticipating and appropriating $7,754,888.00 in the 2008 Community Development Block Grant Program (CDBG), $372,787.00 in the 2008 Emergency Shelter Grant (ESG) Program, $3,151,448.00 in the 2008 Home Investment Partnership Program (HOME), $7,034,000.00 in the 2008 Housing Opportunities for Persons with AIDS (HOPWA) Grant Program and $30,431.00 in the 2008 American Dream Downpayment Assistance Initiative (ADDI); Reprogramming CDBG Funds in the amount of $897,745.00 from Project Closeouts and Program Income and Reprogramming Home Funds in the amount of $99,902.00 from Home Program Income to cover grant reductions; and for other purposes.

08O0851(13) An Ordinance by Councilmember Natalyn M. Archibong as substituted by Community Development/Human Resources Committee authorizing the Commissioner of the Department of Parks, Recreation and Cultural Affairs, on behalf of the City of Atlanta and the Mayor, to waive Chapter 110, Section 110-3 (C) Atlanta Cyclorama Admissions and Chapter 38, Cemeteries, of the Code of Ordinances, Article II, Municipal Cemeteries, Division 2. Oakland Cemetery, Section 38-45, Schedule of Charges for Guided Tours, so as to allow 100 or more residents of District 5 to visit the Atlanta Cyclorama and the Oakland Cemetery without charge on Saturday, July 19, 2008 and Sunday, July 20, 2008, in conjunction with the organizing plans for the �Battle of Atlanta� Celebration scheduled on those dates; and for other purposes.

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

08O0640(14) An Ordinance by Public Safety and Legal Administration Committee amending the 2007 (Intergovernmental Grant Fund) Budget, Department of Police, by adding to anticipations and appropriations, the amount of $56,288.34 and $28,144.17, from Grant Funds from the United States Department of Justice Bulletproof Vest Partnership, and matching funds in the amount of $28,144.17 from the General Fund Budget; and for other purposes.

07O2137(15) An Ordinance by Councilmembers Ceasar C. Mitchell, Ivory L. Young, Jr., C. T. Martin, Joyce Sheperd and Natalyn Archibong as substituted by Public Safety and Legal Administration Committee to create Section 98-26.1 of the Code of Ordinances of the City of Atlanta, Georgia to be entitled �Community Policing Training and Preparedness� (CoPTAP) Program which shall require that all members of each class of graduates from the Police Academy, be assigned to foot patrol duty for a period of not less than eight weeks; to waive all ordinances, rules, regulations, policies, practices and procedures in conflict herewith; and for other purposes.

TRANSPORTATION COMMITTEE - CLAIR MULLER, CHAIR

08O0646(16) A Substitute Ordinance by Transportation Committee authorizing the Mayor or her designee to convert Currant Street, N. W. from a Two Way Street to a One Way Northbound; and for other purposes.

08O0647(17) An Ordinance by Transportation Committee to amend the 2007-2008 (Airport Renewal and Extension Fund (2H21)) Budget by transferring to and from Appropriations a total amount of $25,000,000.00 to provide adequate funding for the Hartsfield-Jackson Development Program (H-JDP) additional CPTC Upgrades 2007/2008 Project at the Hartsfield-Jackson Atlanta International Airport; and for other purposes.

RESOLUTIONS

FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR

08R0742( 1) A Resolution by Finance/Executive Committee authorizing the Mayor to enter into a Renewal Agreement No. 3 with United Consulting for FC 7449-02B, City Wide Annual Contract for Geotechnical and Environmental Engineering, Test ing and Investigation Services on behalf of the Departments of Watershed Management, Public Works and Parks, Recreation and Cultural Affairs to provide professional consulting services. All contracted work shall be charged to and paid from various funding sources; and for other purposes.

08R0825( 2) A Resolution by Councilmembers Howard Shook , Felicia A. Moore, Clair Muller, Cleta Winslow and Kwanza Hall to request and authorize the City Auditor through the Audit Committee to assist the Atlanta City Council, Finance/Executive Committee in the evaluation of the City of Atlanta 2009 Budget; and for other purposes.

08R0827( 3) A Resolution by Councilmembers Howard Shook , Felicia A. Moore, Clair Muller, Cleta Winslow and Kwanza Hall to request the City auditor through the Audit Committee to provide Quarterly Updates on the status of the Administration responses to the FY 07 Management Letter; and for other purposes.

08R0837( 4) A Resolution by Councilmember Howard Shook authorizing the Mayor to execute, deliver and perform, (1) a Contract with the City of Atlanta Solid Waste Management Authority (�SWMA�) for the issuance of Refunding Revenue Bonds in the aggregated principal amount not to exceed $22,500,000.00 to refund bonds previously issued by SWMA which financed the closure of the Cascade Road Landfill, the Key Road Landfill, the East Confederate Avenue Landfill and the Gun Club Road Landfill; (2) a Bond Purchase Agreement in connection with such bonds; and (3) a Continuing Disclosure Agreement; authorizing the approval of an official statement; and for other purposes.

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR

08R0627( 5) A Substitute Resolution by Community Development/Human Resources Committee authorizing the Mayor to enter into various Contractual Agreements for the implementation of Housing Projects under the 2008 Community Development Block Grant (CDBG), 2008 HOME and 2008 American Dream Downpayment Initiative (ADDI); and for other purposes.

08R0638( 6) A Substitute Resolution by Community Development/Human Resources Committee authorizing the Mayor to enter into various Contractual Agreements for the implementation of Homeless and AIDS/HIV-Related Projects under the 2008 Community Development Block Grant (CDBG), 2008 HOME, 2008 Emergency Shelter Grant (ESG) and 2008 Housing Opportunities for Persons with AIDS (HOPWA); and for other purposes.

08R0698( 7) A Resolution by Community Development/Human Resources Committee authorizing the Mayor�s Office of Human Services to proceed with the necessary steps to commence the 2008 Summer Food Service Program pending receipt of the Reimbursement Grant Award from the State of Georgia�s Bright from the Start; Department of Early Care and Learning Program; and for other purposes.

08R0700( 8) A Resolution by Community Development/Human Resources Committee endorsing the application by National Church Residences to the Georgia Department of Community Affairs for Low-Income Housing Tax Credits for the new construction of Baptist Towers Myrtle and Delowe Senior Housing Project, located at 1881 Myrtle Drive, SW, Atlanta, Georgia; and for other purposes.

08R0701( 9) A Substitute Resolution by Community Development/Human Resources Committee endorsing two applications by Grady Senior Partnership II, LP, and Grady Senior Partnership III, LP to the Georgia Department of Community Affairs for Low-Income Housing Tax Credits for the new construction of Veranda at Auburn Pointe II, located at 55 Hilliard Street, Atlanta, Georgia and the Veranda at Auburn Pointe III, located at 315 Tanner Street, SE, Atlanta, Georgia; and for other purposes.

08R0703(10) A Resolution by Community Development/Human Resources Committee endorsing the application by Progressive Redevelopment, Inc./Atlanta Neighborhood Development Partnership, Inc., Joint Venture, to the Georgia Department of Community Affairs for Low-Income Housing Tax Credits for the new construction of Adamsville Green (Adamsville Green Senior Apartments), located at 3537 MLK Drive, SW Atlanta, Georgia; and for other purposes.

08R0705(11) A Resolution by Community Development/Human Resources Committee endorsing the application by Urban Residential Development Corporation and Hughes Bi-Costal Georgia Rehabilitation Outreach to the Georgia Department of Community Affairs for Low-Income Housing Tax Credits for the new construction of Santa Fe Villa; located at 2370 Metropolitan Parkway, Atlanta, Georgia; and for other purposes.

08R0706(12) A Resolution by Community Development/Human Resources Committee endorsing the application by Georgia Rehabilitation Outreach to the Georgia Department of Community Affairs for Low-Income Housing Tax Credits for the new construction of Martin Manor, located at 2950 MLK Drive, SW, Atlanta, Georgia; and for other purposes.

08R0707(13) A Resolution by Community Development/Human Resources Committee endorsing the application by Flipper Temple Associates, LP, to the Georgia Department of Community Affairs for Low-Income Housing Tax Credits for the Flipper Temple Apartment Rehabilitation Project, located at 2479 Abner Terrace, Atlanta, Georgia; and for other purposes.

08R0699(14) A Resolution by Community Development/Human Resources Committee authorizing the Mayor to enter into an Intergovernmental Agreement with the Fulton County District Attorney�s Office for the Neighborhood Fresh Start Program in an amount not to exceed $46,570.26, to be charged to and paid from Fund, Account and Center Number 1B01 (Community Development Fund) 529002 (Service Grants) Y46P0942A24A (Neighborhood Fresh Start, CD-753); and for other purposes.

08R0708(15) A Resolution by Community Development/Human Resources Committee to correct Resolution Number 08-R-0165 adopted by the Atlanta City Council on February 4, 2008, and approved by the Mayor on February 12, 2008; and for other purposes.

08R0711(16) 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 Intergenerational Resource Center, Inc., to extend the contract performance term to September 30, 2009, to run concurrently with the United States Department of Housing

and Urban Development�s Economic Development Initiative Grant; to add a new project line item for Professional Services; and for other purposes.

08R0814(17) A Resolution by Community Development/Human Resources Committee to correct Resolution Number 07-R-1661 adopted by the Atlanta City Council on September 4, 2007, and approved by the Mayor on September 12, 2007; and for other purposes.

08R0852(18) A Resolution by Councilmember Carla Smith authorizing the Bureau of Planning to recognize as a non-conforming lot of record, a lot located at 100 Richmond Street, SE, that has been created as the result of previously issued building permits and that presently has a house located on it.

08R0853(19) A Resolution by Councilmember Carla Smith authorizing the Bureau of Planning to recognize as a non-conforming lot of record, a lot located at 96 Richmond Street, SE, that has been created as the result of previously issued building permits and that presently has a house located on it.

08R0865(20) A Resolution by Community Development/Human Resources

*** Committee authorizing the Bureau of Planning to recognize a non-conforming lot of record, a lot located at 499 Lakeshore Drive, NE , that has been created as the result of previously issued building permits and that presently has a house located on it.

08R0866(21) A Resolution by Community Development/Human Resources

*** Committee authorizing the Bureau of Planning to recognize a non-conforming lot of record, a lot located at 492 Claire Drive, NE , that has been created as the result of previously issued building permits and that presently has a house located on it.

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

08R0718(22) A Resolution by Public Safety and Legal Administration Committee authorizing the settlement of all claims against the City of Atlanta in the case of Byron McCoy V. City of Atlanta and JePaul James Adams, Superior Court, Fulton County, Civil Action File No. 2007CV131624, in the amount of $25,000.00; 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.

08R0720(23) A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to apply for and accept a grant from the Governor�s Office of Highway Safety, in an amount not to exceed $250,600.00, to fund the Highway Enforcement of Aggressive Traffic and the Pedestrian Safety Programs; and for other purposes.

08R0721(24) A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to accept a grant award from the Georgia Emergency Management Agency (�GEMA�), in the amount of $17,985.00, on behalf of the Department of Fire and Rescue, for the purpose of supporting the Atlanta Citizen Emergency Response Team; and for other purposes.

08R0855(25) A Resolution by Councilman Ceasar C. Mitchell to encourage the Atlanta Police Department to create a permanent foot patrol unit as part of a broader community policing unit; and for other purposes.

TRANSPORTATION COMMITTEE - CLAIR MULLER, CHAIR

08R0726(26) A Resolution by Transportation Committee authorizing the Mayor to execute an Airport Use License Agreement with Atlas Air, Inc. for operations at Hartsfield-Jackson Atlanta International Airport; and for other purposes.

08R0727(27) A Resolution by Transportation Committee authorizing the Mayor to execute an Airport Use License Agreement with Trans States Airlines, Inc. for operations at Hartsfield-Jackson Atlanta International Airport; and for other purposes.

08R0728(28) A Resolution by Transportation Committee authorizing the Mayor to execute Amendment No. 4 to the Lease Agreement with Lufthansa German Airlines for Ticket Counter and Office Space in the North Terminal and FIS Facility of the Central Passenger Terminal Complex for the purpose of permanently deleting from the leased premises approximately 73.37 square feet of exclusively leased ticket counter space located on the Boarding Level of Concourse E at Hartsfield-Jackson Atlanta International Airport; and for other purposes.

08R0729(29) A Resolution by Transportation Committee authorizing the Mayor to enter into an Agreement with Clayton County Water Authority for the purchase of Stream Mitigation Credits in an amount not to exceed $992,250.00 necessary to implement Federal Clean Water Act requirements regarding stream mitigation needed to offset the impacts to Sullivan Creek resulting from construction of Runway 10-28 located at Hartsfield-Jackson Atlanta International Airport; all contracted work shall be charged to and paid from PTAEO 18101595 (Commuter Runway) 102 (R21E052096AA) 550591336 (DOA PFC Revenue 96AA) 5414002 (Facilities other than Bldgs / Infrastructure - CIP) and FDOA5505 (Airport Passenger Facility Charge Fund) 180201 (DOA Aviation Capital Planning & Development), 5414002 (Facilities other than Bldgs./Infrastructure � CIP) 7563000 (Airport) 101595 (Commuter Runway) 91336 (DOA PFC Revenue 96AA) 0000 (Default) 00000000 (Default) 00000000 (Default); and for other purposes.

08R0730(30) A Resolution by Transportation Committee authorizing the Mayor to execute Change Order No. 1 with Bombardier Transportation (Holdings) USA, Inc., for FC-6007000075, (�Contract�), Maynard Holbrook Jackson, Jr. International Terminal Automated People Mover System Expansion, on behalf of the Department of Aviation, in an amount not to exceed $3,750,000.00; all contracted work to be charged to and paid from CCID Number PTAEO: 18101352 (Terminal Improvements), 107 (R21E012493DA), 550281246 (DOA CP AMT GARBS 93DA) 5414002 (Fac. not Buildings-CIP) and FDA: 5502 (Airport Renewal and Extension Fund), 180201 (DOA Aviation Capital Planning and Development), 5414002 (Facilities other than Bldgs/Infrastructure) 7563000 (Airport) 101352 (Terminal Improvements) 81246 (DOA CP AMT GARBS 93DA), 0000 (Default), 00000000 (Default), 00000000 (Default); and for other purposes.

08R0731(31) A Resolution by Transportation Committee authorizing the Mayor to execute a Consent Order and pay a negotiated settlement to the Environmental Protection Division, Department of Natural Resources, State of Georgia in the amount of $32,000.00, to be charged to and paid from CCID Number 5502 200301 5750002 1540000 (Renewal And Extension Fund, Property/Liquidation, Unallocated Fund-Wide Expenses) to resolve alleged violations of the Georgia Rules for Air Quality Control and Conditions of Part 70 Operating Permit Number 4581-063-0030-V-02-0; and for other purposes.

08R0732(32) A Resolution by Transportation Committee authorizing the Mayor to execute a Contract with C. W. Matthews Constructing Co., for Project Number FC-4097, Roadway Repairs and Improvements, on behalf of the Department of Aviation, in an amount not to exceed $2,173,390.53; all contracted work to be charged to and paid from CCID PTAEO: 18102519 (Airport Roadway Repair and Maintenance) 101 (R21E060696AA), 550291249 (DOA R N E 9999) 5414002 (Facilities other than Bldgs/Infrastructure-CIP) and FDOA: 5502 (Airport Renewal and Extension Fund), 180201 (DOA Aviation Capital Planning & Development), 5414002 (Facilities other than Bldgs/Infrastructure - CIP) 7563000 (Airport) 102519 (Airport Roadway Repair and Maintenance) 91249 (DOA R N E 9999), 0000 (Default), 00000000 (Default), 00000000 (Default) ($1,640,811.61) and PTAEO: 18101665 (Westside Road) 101 (R21E060696AA) 550591336 (DOA PFC Revenue 96AA) 5414002 (Facilities other than Bldgs/Infrastructure-CIP) and FDOA: 5505 (Airport Passenger Facility Charge Fund) 180201 (DOA Aviation Capital Planning & Development) 5414002 (Facilities other than Bldgs/Infrastructure - CIP) 7563000 (Airport) 101665 (Westside Road) 91336 (DOA PFC Revenue 96AA) 0000 (Default) 00000000 (Default) 00000000 (Default) ($532,578.92)

08R0733(33) A Resolution by Transportation Committee increasing the authorized compensation to SP Group for FC-7370-01C, Architectural and Engineering Design Support Services under Work Authorization #5 in an amount not to exceed $650,000.00 for the Concourse D Midpoint Expansion Project at Hartsfield-Jackson Atlanta International Airport. All contracted work to be charged to and paid from PTAEO 18101948 (Capital Design & Mgmt/Design) 103 (R21E102093CQ) 550921373 (DOA 2004 F G I REV 93CQ) 5212001 (Consulting/Professional Services) and FDA: 5509 (2004 Airport Revenue Bond Fund F-K) 180201 (DOA Aviation Capital Planning & Development) 5212001 (Consulting/Professional Services) 7563000 (Airport) 101948 (Capital Design & Mgmt/Design) 21373 (DOA 2004 F G I REV 93CQ) 0000 (Default) 00000000 (Default) 00000000 (Default); and for other purposes.

08R0734(34) A Resolution by Transportation Committee increasing the compensation limit for FC-6006007929-C, Architectural and Engineering Design Services with Aviation Infrastructure Solutions a Joint Venture between Pond & Company, Inc., LPA Group Incorporated and Long Engineering, Inc., in an additional amount of $1,500,000.00 to provide professional, architectural and engineering design services for the Department of Aviation on a Task Order Basis, at Hartsfield-Jackson Atlanta International Airport. All services to be charged to and paid from PTAEO 18101948 (Capital Design & Mgmt./Design) 101 (R21E10209999) 550291249 (DOA R N E 9999) 5212001 (Consulting/Prof. Serv.) and FDA: 5502 (Airport Renewal and Extension Fund); 180201 (DOA Aviation Capital Planning & Development); 5212001 (Consulting/Professional Services); 7563000 (Airport); 101948 (Capital Design & Mgmt./Design); 91249 (DOA R N E 999); 0000 (Default) 00000000 (Default) 00000000 (Default).

08R0735(35) A Resolution by Transportation Committee increasing the compensation limit for FC-6006007929-E, Architectural and Engineering Design Services with Ascend, LLC a Limited Liability Company comprised of Post, Buckley, Schuh & Jernigan, Inc. (PBS&J) Prime Engineering, Inc., Delon Hampton & Associates and Street Smarts, in an additional amount of $2,500,000.00 to provide professional, architectural and engineering design services for the Department of Aviation on a Task Order Basis, at Hartsfield-Jackson Atlanta International Airport. All services to be charged to and paid from PTAEO 18101948 (Capital Design & Mgmt./Design) 101 (R21E10209999) 550291249 (DOA R N E 9999) 5212001 (Consulting/Prof. Serv.) and FDA: 5502 (Airport Renewal and Extension Fund); 180201 (DOA Aviation Capital Planning & Development); 5212001 (Consulting/Professional Services); 7563000 (Airport); 101948 (Capital Design & Mgmt./Design); 91249 (DOA R N E 9999); 0000 (Default) 00000000 (Default) 00000000 (Default).

PUBLIC SAFETY AND LEGAL

ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

Claims with favorable recommendations:

08-R-0745 ( 1) Claim of Charles Brown, through his attorney, Ben Gerber, for damages alleged to have been sustained as a result of a slip and fall incident in an uncovered catch basin on May 9, 2007 at 2365 Browns Mill Road, SE. $15,000.00

08-R-0746 ( 2) Claim of Victoria A. Seifarth, for property damages alleged to have been sustained from a sewer backup on June 11, 2007 at 1548 Walthall Court. $13,958.18

08-R-0747 ( 3) Claim of Francine Jefferson, for bodily injuries alleged to have been sustained after tripping over an uneven section of sidewalk on March 23, 2006 at 61 Forsyth Street. $13,068.40

08-R-0748 ( 4) Claim of Veronica Houston Moore, through her attorney, Louie Barrington Hendricks, Esq., for bodily injuries alleged to have been sustained after tripping over an uneven section of sidewalk on May 2, 2006 at 61 Forsyth Street. $12,000.00

08-R-0749 ( 5) Claim of Antonio Williams, through his attorneys, Ramsey & Norman, LLC, for bodily injuries alleged to have been sustained due to an automobile accident on December 13, 2007 at 511 Harper Road, SE. $7,000.00

08-R-0750 ( 6) Claim of Kinnette Richardson, through her attorney, Hart Law Firm, for bodily injuries alleged to have been sustained from a police vehicular incident on June 27, 2007 at Centennial Park Drive, NW and Marietta Street, NW. $6,500.00

08-R-0751 ( 7) Claim of Claudia Williams, through her attorneys, Ramsey & Norman, LLC, for bodily injuries alleged to have been sustained due to an automobile accident on December 13, 2007 at 511 Harper Road , SE. $5,800.00

08-R-0752 ( 8) Claim of Progressive, as subrogee of Delores Wallace-Dickers, for damages alleged to have been sustained as a result of an automobile accident on December 17, 2007 at Central Avenue and Garnett Street. 5,631.72

08-R-753 ( 9) Claim of Hartford Accident & Indemnity, as subrogee of Anthony Sims, for property damages alleged to have been sustained due to an automobile accident on November 27, 2007 at Donald Lee Hollowell Parkway, NW and Northside Drive, NW. $5,232.43

08-R-0754 (10) Claim of Progressive Insurance Company, as subrogee of Jeffrey Fears, for damages alleged to have been sustained as a result of a vehicular accident on December 6, 2007 at 210 North Avenue. $4,801.70

08-R-0755 (11) Claim of Frank Lewis, Jr., for property damages alleged to have been sustained due to an automobile accident on March 6, 2008 at 1339 Gaston Street. $4,616.08

08-R-0756 (12) Claim of Steve Coulter, for property damages alleged to have been sustained when a water line was unnecessarily replaced on November 13, 2007 at 295 Mathews Avenue, NE. $2,600.00

08-R-0757 (13) Claim of Willie Crews, for damages alleged to have been sustained as a result of a vehicular accident on January 16, 2008 at North Avenue and Luckie Street. $2,324.18

08-R-0758 (14) Claim of Cynthia Spencer, for damages alleged to have been sustained as a result of a vehicular accident on February 7, 2008 at Lindbergh Drive and Morosgo Way. $2,317.38

08-R-0759 (15) Claim of Anita Best, for property damages alleged to have been sustained due to an automobile accident on January 22, 2008 at 2425 Peachtree Road, NE. $2,298.26

08-R-0760 (16) Claim of Barbara R. Misel, for damages alleged to have been sustained from an automobile accident on January 24, 2008 at Howell Mill Road and Chattahoochee Avenue. $1,690.30

08-R-0761 (17) Claim of Bobby T. Grant, for property damages alleged to have been sustained when a vehicle drove over a construction plate that was partially covering a construction site on February 8, 2008 at 1144 Austin Avenue, NE. $1,674,87

08-R-0762 (18) Claim of Pamela Weaver, for bodily injuries alleged to have been sustained after tripping over an uneven section of sidewalk on September 13, 2007 at 55 Trinity Avenue, SW. $1,548.80

08-R-0763 (19) Claim of Chiquita Williams, for vehicle damages alleged to have been sustained as a result of driving over a recessed water valve on January 7, 2007 at Metropolitan Parkway and University Avenue. $1,450.00

08-R-0764 (20) Claim of Arlandus Sumlin, Jr., for damages alleged to have been sustained as a result of driving over an unsecured construction cut on January 25, 2008 at 3956 Bakers Ferry Road, SW. $1,437.50

08-R-0765 (21) Claim of Honey J. Rubin, for property damages alleged to have been sustained from automobile accident on February 29, 2008 at Northside Drive, NW and Hemphill Avenue, NW. $1,276.55

08-R-0766 (22) Claim of James Scott and Cynthia D. Scott, for vehicular damages alleged to have been sustained when ice fell from the City�s Radio Tower on January 17, 2008 at 315 Chester Avenue, SE. $1,152,27

08-R-0767 (23) Claim of State Farm Insurance Companies, as subrogee of Austin Eades, for damages alleged to have been sustained as a result of driving over an unsecured metal plate on September 29, 2007 at West Paces Ferry Road and Peachtree Road. $1,016.81

08-R-0768 (24) Claim of Beverly Drake and Rosa Drake, for damages alleged to have been sustained as a result of driving over a pothole on September 15, 2007 at 1970 Hills Avenue. $976.93

08-R-0769 (25) Claim of Michael Brad Hutto, for damages alleged to have been sustained as a result of driving over a pothole on September 20, 2007 at 1970 Hills Avenue. $862.88

08-R-0770 (26) Claim of Marstine Johnson, for property damages alleged to have been sustained due to an automobile accident on February 21, 2008 at 6690 Church Street. $730.00

08-R-0771 (27) Claim of Donte� Stallings, for property damages alleged to have been sustained when a vehicle drove over a construction plate that was partially covering a construction site on January 20, 2008 at Andrew Young International Boulevard, NW and Williams Street, NW. $729.34

Claims with unfavorable recommendations:

08-R-0772 ( 28) Claim of Kevin S. Dale, attorney for Aubrey Antonio Zellers, deceased, for damages alleged to have been sustained during a foot chase with police that resulted in the death of Aubrey Antonio Zellers on October 11, 2006 at 286 Old Hapeville Road.

08-R-0773 (29) Claim of Adam Smart, for damages alleged to have been sustained as a result of striking a metal plate on February 5, 2008 at 2738 Memorial Drive, SE.

08-R-0774 (30) Claim of Susan I. Cole, for vehicular damages alleged to have been sustained from striking a traffic median in the roadway on October 19, 2007 at 424 Lindbergh Drive, NE.

08-R-0775 (31) Claim of Clayton County Board of Commissioners c/o Cheryl White, Risk Management Department, Property and Casualty Claims, for property damages alleged to have been sustained from an automobile accident on February 28, 2007 at 1500 Mt. Zion Road.

08-R-0776 (32) Claim of James J. Norman, for damages alleged to have been sustained as a result of driving over an unsecured metal plate on December 30, 2007 at 1374 West Peachtree Street.

08-R-0777 (33) Claim of Syed Bokhari, for damages alleged to have been sustained as a result of driving through an unsecured construction area on April 16, 2007 at the intersection of Piedmont Avenue and Monroe Drive .

08-R-0778 (34) Claim of Edward Nelms, for damages alleged to have been sustained as a result of driving over a construction cut on October 23, 2007 at 1622 Perry Boulevard.

08-R-0779 (35) Claim of Atlanta Gas Light Company, through their attorney, John C. Williams, for damages alleged to have been sustained as a result of gas line damage during excavation on June 6, 2007 at 691 Woodward Way.

08-R-0780 (36) Claim of Christina Thomas, for damages alleged to have been sustained as a result of driving over a recessed manhole on December 16, 2007 at 1700 Monroe Drive.

08-R-0781 (37) Claim of Will Pope, for damages alleged to have been sustained as a result of driving over a raised manhole on July 26, 2007 at Lake Avenue and Elizabeth Street.

08-R-0782 (38) Claim of Antoinetta Otey, for damages alleged to have been sustained as a result of an automobile accident on November 15, 2007 at North Avenue and Courtland Street.

08-R-0783 (39) Claim of Anne Mankin, for damages alleged to have been sustained during the installation of a sidewalk on October 17, 2007 at 4059 Land O� Lakes Drive, NE.

08-R-0784 (40) Claim of Deborah Eberhart, for damages alleged to have been sustained as a result of striking a construction cut on February 4, 2008 at 2738 Memorial Drive, SE.

08-R-0785 (41) Claim of Verline Ivie, for property damages alleged to have been sustained when police failed to secure a purse after an arrest on October 6, 2007 at 2848 Mango Circle, NW.

08-R-0786 (42) Claim of Christine Shaner, for damages alleged to have been sustained as a result of an automobile accident on October 18, 2007 at McClendon Avenue, NE and Glendale Avenue, NE.

08-R-0787 (43) Claim of Donald C. Bradshaw, for damages alleged to have been sustained as a result of striking a construction cut on February 11, 2008 at 2456 Marietta Boulevard.

08-R-0788 (44) Claim of Melanie DeJean, for damages alleged to have been sustained as a result of striking a construction cut on August 19, 2007 at 5990 Old National Highway and Lantern Lane.

08-R-0789 (45) Claim of Charles Mizell, for vehicular damages alleged to have been sustained from driving over an open construction site in the roadway on December 29, 2007 at North Avenue and Parkway Drive, NE.

08-R-0790 (46) Claim of State Farm Insurance Companies, as subrogee of Bertha M. Maddox, for vehicular damages alleged to have been sustained from an automobile accident on October 18, 2007 at Moores Mill Road and Warren Road.

08-R-0791 (47) Claim of Lance D. Christian, for property damages alleged to have been sustained when a tree fell on a residence on February 26, 2008 at 901 Penn Avenue.

08-R-0792 (48) Claim of Clarence Rogers, for property damages alleged to have been sustained when a gate struck a vehicle on February 26, 2008 at 315 Chester Avenue, SE.

08-R-0793 (49) Claim of Tasha R. Henry, for vehicular damages alleged to have been sustained from driving over a pothole on February 1, 2008 at the entrance ramp to Interstate 85 north.

08-R-0794 (50) Claim of Grady W. Goodwin, for property damages alleged to have been sustained due to a vehicular accident on August 3, 2007 at Moreland Avenue and South River Industrial Boulevard, SE.

08-R-0795 (51) Claim of Sherri McIntyre, for damages alleged to have been sustained as a result of re-paving of the street on April 24, 2007 at 2864 North Hills Drive.

08-R-0796 (52) Claim of Belinda Gallant, through her attorney, Dana M. Harris-Abraham, for damages alleged to have been sustained as a result of a trip and fall incident on an unsecured sewer manhole lid on December 12, 2007 at 50 Mount Zion Road.

08-R-0797 (53) Claim of Henry Boughner, for damages alleged to have been sustained as a result of striking a metal plate on January 23, 2008 at 2166 Peachtree Road, NW and Colonial Homes Drive, NW.

08-R-0798 (54) Claim of Paul Halley, for damages alleged to have been sustained as a result of striking a construction cut on September 4, 2007 on Pryor Street.

08-R-0799 (55) Claim of Kimberly Goodin, for damages alleged to have been sustained as a result of a tree falling on February 27, 2008 at 1060 Cascade Circle.

08-R-0800 (56) Claim of State Farm Insurance Companies, as subrogee of Christopher Hough, for damages allegedly sustained as a result of driving over an unsecured metal plate on December 22, 2007 at Butner Road and Pittman Road.

08-R-0801 (57) Claim of Ulis C. Martin, Jr., for damages alleged to have been sustained as a result of a theft on January 21, 2008 at 315 Chester Avenue.

08-R-0802 (58) Claim of Sarah French, for damages alleged to have been sustained to an invisible fence during the repair of a water meter on February 11, 2008 at 3095 Dale Drive.

08-R-0803 (59) Claim of Cincinnati Insurance, as subrogee of G. L. Bailey Plumbing Co., through its attorney, Bernard F. Kistler, Jr., for damages alleged to have been sustained as a result of an automobile accident on July 6, 2007 at 1715 Howell Mill Road.

08-R-0804 (60) Claim of Mary R. Flemister, for damages alleged to have been sustained as a result of striking an unsecured manhole lid at Willis Mill Road and Poole Road.

08-R-0805 (61) Claim of WW/CI Ponce Place, LLC, through its attorney, John E. Robinson, Esq., for damages alleged to have been sustained from storm water overflow on August 31, 2006 at 750 Ponce de Leon Avenue, NE.

08-R-0806 (62) Claim of Lili Shou, for vehicle damages alleged to have been sustained as a result of driving over a damaged catch basin on December 12, 2007 at 1509 Ponce de Leon Avenue.

08-R-0807 (63) Claim of Christopher R. Cottengim, for damages alleged to have been sustained as a result of striking a metal plate on February 5, 2008 at 2738 Memorial Drive, SE.

08-R-0808 (64) Claim of Lori C. Rosichan, for damages alleged to have been sustained during a sewer separation project between 2006 and 2008 at 829 E. Confederate Avenue, SE.

08-R-0809 (65) Claim of State Farm Insurance Companies, as subrogee of Christopher English, for vehicular damages alleged to have been sustained from driving over a pothole on October 25, 2007 on Candler Road and Memorial Drive.

08-R-0810 (66) Claim of Gity Azedeh, through her attorney, Michael S. Marr, Esq., for bodily injuries alleged to have been sustained from a slip-and-fall incident on August 29, 2007 and/or September 26, 2007 at Hartsfield-Jackson International Airport.

08-R-0811 (67) Claim of Brenda Burley, for property damages alleged to have been sustained when a driveway was damaged during a road re-paving project in April 2004 at 492 Elbridge Drive, NW.

08-R-0812 (68) Claim of Heather L. Saum, for property damages alleged to have been sustained to a driveway due to a tree stump removal project on August 24, 2007 at 1521 Marbut Avenue, SE.

CONSENT AGENDA SECTION II

ORDINANCES FOR FIRST READING

FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR

08O0632( 1) An Ordinance by Finance/Executive Committee amending Chapter 114, Article VI, Division 4, of the Code of Ordinances of the City of Atlanta, Georgia Entitled �Substance Abuse Policy� as it pertains to sworn employees of the Department of Police, Fire and Rescue, Corrections, as well as all other employees of the various Departments of the City of Atlanta who hold positions designated by the Commissioner of the Department of Human Resources as being safety-sensitive; to authorize the Commissioner of the Department of Human Resources to designate certain employment classifications as being safety-sensitive in accordance with applicable law, rules and regulations, for the purpose of random drug testing; and for other purposes.