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ATLANTA CITY COUNCIL
AGENDA
May 19, 2008
Order of Business for the
The
Honorable Lisa Borders,
Presiding
1:00
P.M.
1. Call to Order
2. Roll Call
3. Invocation
4.
Pledge of Allegiance
Page
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
2
11.
Unfinished Business
4
12.
Consent Agenda
7
13.
Report of Standing Committees
Committee Chairs
Pages
Committee on Council**
Felicia A. Moore
32
Community Development/Human
Resources Committee
Jim Maddox
41
Transportation Committee
Clair Muller
65
Zoning Committee
Ivory L. Young, Jr.
68
Finance/Executive Committee
Howard Shook
93
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. (Page
31)
5.
PROCLAMATIONS, COMMENDATIONS AND OTHER SPECIAL AWARDS
Council
President Lisa M. Borders – proclamations being presented to:
National
Public Works Week
International
Institute of Municipal Clerks (IIMC)
Proclamations
being presented to:
Chuck
Tokars, IIMC President
Dyanne
Reese, IIMC incoming President
Region
X – Canadian and XI – International
Georgia
Municipal Clerks & Finance Officers Association:
Judy
McCorkle, President
Tiny
Washington, immediate Past President
Councilmember
Anne Fauver – proclamation being presented to:
Emily
Councilmember
Jim Maddox – proclamation being present to:
Mrs.
Mary ‘Mother’ Hughes
Councilmember
Ceasar C. Mitchell – proclamation being presented to:
College
Prep Series
8.
COMMUNICATION
08-C-1026 ( 1)
A Communication by Councilmembers
Carla Smith, District 1; Kwanza Hall, District 2 and Ceasar C. Mitchell, Post 1
At-Large appointing Mr. Ronald
O. Smith 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
10. CONSIDERATION
OF VETOED LEGISLATION
08-O-0819 ( 1)
An Ordinance by Councilmembers
Felicia A. Moore, H. Lamar Willis,
10. CONSIDERATION
OF VETOED LEGISLATION (CONT’D)
At
the regularly scheduled meeting held 5/05/08, Council adopted Ordinance 08O.0819
by a roll call vote of 13 yeas, 1 nay; however, Mayor Shirley Franklin vetoed
the ordinance on May 13, 2008.
VETOED
BY MAYOR SHIRLEY FRANKLIN MAY 13, 2008
08R1014( 2)
A Resolution by Councilmembers
At
the regularly scheduled meeting held 5/05/08, Council adopted Ordinance 08R.1014 by a roll
call vote of 13 yeas, 1 nay; however, Mayor Shirley Franklin vetoed the
ordinance on May 13, 2008.
VETOED
BY MAYOR SHIRLEY FRANKLIN MAY 13, 2008
07O2137( 3)
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.
At
the regularly scheduled meeting held 5/05/08, Council adopted Ordinance 07O.2137 by a roll
call vote of 13 yeas, 1 nay; however, Mayor Shirley Franklin vetoed the
ordinance on May 13, 2008.
VETOED
BY MAYOR SHIRLEY FRANKLIN MAY 13, 2008
11. UNFINISHED
BUSINESS
08O0829( 1)
An Ordinance by Councilmember
Howard Shook to amend the Charter of the City of Atlanta, Georgia
adopted under and by virtue of the authority of the Municipal Home Rule Act of
1965, O.C.G.A. Section 36-35-1 et seq., as amended so as to amend the Charter of
the City of Atlanta, Georgia, 1996 (GA Laws P. 4469, et seq.) by amending
Article 2, Chapter 3, Section 2-302(c) so as to require an affirmative vote of
two-thirds of the total membership of the City Council to approve any Ordinance
that would result in an increase in taxes, fees, or bond indebtedness; and for
other purposes. (2nd
At
the regularly scheduled meeting held 5/05/08 Councilmember Shook made a motion
to table for a two-week time certain Ordinances: 08O.0829, 08O.0830, 08O.0831,
08O.0833 and 08O.0834. The motion
carried by a roll call vote of 11 yeas, 3 nays.
TABLED
BY A ROLL CALL VOTE OF 11 YEAS; 3 NAYS
08O0830( 2)
An Ordinance by Councilmember
Howard Shook to amend Chapter Two, Article VI, Division 2, Subdivision
II, Section 2-351 (Entitled, “Authorization to Issue Commercial Paper.”) of
the Code of Ordinances of the City of Atlanta, so as to require an affirmative
vote of two-thirds of the total membership of the City Council to approve any
Ordinance that would result in an increase in bond indebtedness; and for other
purposes.
At
the regularly scheduled meeting held 5/05/08 Councilmember Shook made a motion
to table for a two-week time certain Ordinances: 08O.0829, 08O.0830, 08O.0831,
08O.0833 and 08O.0834. The motion
carried by a roll call vote of 11 yeas, 3 nays.
TABLED
BY A ROLL CALL VOTE OF 11 YEAS; 3 NAYS
08O0831( 3)
An Ordinance by Councilmember
Howard Shook to amend Chapter 146, Division 1, Article II, Section 146-26
(Entitled, “Levy.”), Chapter 146, Article II, Section 146-79 (Entitled,
“Levied.”) and Chapter 146, Article IV, Section 146-113 (Entitled, “Excise
Tax Levied; Collection.”) of the Code of Ordinances of the City of Atlanta, so
as to require an affirmative vote of two-thirds of the total membership of the
City Council to approve any Ordinance that would result in an increase in taxes;
and for other purposes.
11. UNFINISHED
BUSINESS (CONT’D)
At
the regularly scheduled meeting held 5/05/08 Councilmember Shook made a motion
to table for a two-week time certain Ordinances: 08O.0829, 08O.0830, 08O.0831,
08O.0833 and 08O.0834. The motion
carried by a roll call vote of 11 yeas; 3 nays.
TABLED
BY A ROLL CALL VOTE OF 11 YEAS; 3 NAYS
08O0833( 4)
An Ordinance by Councilmember
Howard Shook to amend Chapter Two, Article II, Division 2, Subdivision I,
Section 2-69 (Entitled, “Quorum; vote required for passage of legislation.”)
and Chapter Two, Article II, Division 2, Subdivision II, Section 2-96(c)
(Entitled, “Presence at Meetings; Voting on Questions.”) of the Code of
Ordinances of the City of Atlanta, so as to require an affirmative vote of
two-thirds of the total membership of the City Council to approve any Ordinance
that would result in new fees and taxes or an increase in existing taxes, fees,
or bond indebtedness; and for other purposes.
At
the regularly scheduled meeting held 5/05/08 Councilmember Shook made a motion
to table for a two-week time certain Ordinances: 08O.0829, 08O.0830, 08O.0831,
08O.0833 and 08O.0834 The motion
carried by a roll call vote of 11 yeas, 3 nays.
TABLED
BY A ROLL CALL VOTE OF 11 YEAS; 3 NAYS
08O0834( 5)
An Ordinance by Councilmember
Howard Shook as amended by
Finance/Executive Committee to amend Chapter Two, Article II, Division 2,
Subdivision II, Section 2-105 (Entitled, “Establishment or Change in Fees for
Service; Notice to Public.”) of the Code of Ordinances of the City of Atlanta,
so as to require an affirmative vote of two-thirds of the total membership of
the City Council to approve any Ordinance that would result in new fees and an
increase in fees; and for other purposes.
At
the regularly scheduled meeting held 5/05/08 Councilmember Shook made a motion
to table for a two-week time certain Ordinances: 08O.0829, 08O.0830, 08O.0831,
08O.0833 and 08O.0834. The motion
carried by a roll call vote of 11 yeas, 3 nays.
TABLED
AS AMENDED BY A ROLL CALL VOTE OF
11
YEAS; 3 NAYS
11. UNFINISHED
BUSINESS (CONT’D)
08R0496( 6)
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.
At
the regularly scheduled meeting of 5/05/08, Councilmember Muller made a Motion
to Table Resolution 08-R-0496 for a two-week time certain. It
was properly seconded and the motion carried by a roll call vote of 14 yeas, 0
nays.
TABLED
SUBSTITUTE BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS
08O0549( 7)
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 May 05, 2008, Councilmember Shook made a
motion for 08-O-0549 remain on the table.
REMAIN TABLED WITHOUT OBJECTION
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
CITY UTILITIES COMMITTEE - CARLA SMITH, CHAIR
08O0848( 1)
An Ordinance by Councilmember Anne Fauver as
amended by City Utilities Committee authorizing the Mayor or her designee to
waive the sidewalk requirements of Section 15-09.003 of the City of Atlanta Code
of Ordinances, to provide that a certain subdivision SD-08-02 (1824 Piedmont
Avenue, NE) applicant deposit a dollar amount ($6,300.00) equal to the value of
the required sidewalk construction into a designated Trust Fund Account for
District 6; and for other purposes.
COMMUNITY DEVELOPMENT/
HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR
08O1016( 2) An Ordinance by Councilmember Howard Shook changing the name of the New Peachtree-Dunwoody Park to “Little Nancy Creek Park” on behalf of the Department of Parks, Recreation and Cultural Affairs; and for other purposes.
PUBLIC SAFETY AND LEGAL
ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR
06O1908( 3)
A Substitute Ordinance by
Public Safety and Legal Administration Committee as
amended amending Chapter 162, Article II, Division 1, Section 162-33 of the
Code of Ordinances of the City of Atlanta, Georgia (“City”), on behalf of
the Department of Police, Bureau of Taxicabs and Vehicles for Hire
(“Department”), for the purpose of increasing the fees the City assesses
Taxicab Drivers and Taxicab Companies; to create a Taxicab Re-Inspection Fee,
Horse-Drawn Carriage Company Permit Fee, and a Horse-Drawn Carriage Renewal Fee;
and for other purposes. (Public Hearing
held 1/15/08)
CONSENT AGENDA SECTION I (CONT’D)
ORDINANCES FOR SECOND
PUBLIC SAFETY AND LEGAL
ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR
08O0712( 4) An Ordinance by Public Safety and Legal Administration Committee amending the 2007 (Intergovernmental Grant Fund) Budget, Department of Fire and Rescue, by adding to anticipations and appropriations, the amount of $17,985.00, for grant funds from the Georgia Emergency Management Agency (“GEMA”), for the purpose of supporting the Atlanta Citizen Emergency Response Team; and for other purposes.
08O0713( 5) An Ordinance by Public Safety and Legal Administration Committee amending the 2007 (Intergovernmental Grant Fund) Budget, Department of Fire and Rescue, by reducing anticipations and appropriations in the amount of $7,980.00, in grant funds from the Urban Area Security Initiative for the purpose of funding the Atlanta Citizens Response Team; and for other purposes.
08O0714( 6) An Ordinance by Public Safety and Legal Administration Committee amending the 2008 (Intergovernmental Grant Fund) Budget, Department of Police, by adding to anticipations and appropriations, the amount of $75,885.00, for an Explosive Ordinance Disposal (EOD) Equipment Grant, from the Georgia Emergency Management Agency (“GEMA”), for the purpose of purchasing equipment for bomb investigations related to Homeland Security for the Department of Police; and for other purposes.
08O0715( 7) An Ordinance by Public Safety and Legal Administration Committee amending the 2008 (Intergovernmental Grant Fund) Budget, Department of Police, by adding to anticipations and appropriations, the amount of $362,747.00, for an Explosive Ordinance Disposal (EOD) Equipment Grant, from the Georgia Emergency Management Agency (“GEMA”), for the purpose of purchasing equipment for bomb investigations related to Homeland Security for Hartsfield-Jackson Atlanta International Airport; and for other purposes.
CONSENT AGENDA SECTION I (CONT’D)
ORDINANCES FOR SECOND
PUBLIC SAFETY AND LEGAL
ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR
08O0716( 8) An Ordinance by Public Safety and Legal Administration Committee amending the 2008 (Intergovernmental Grant Fund) Budget, Department of Police, by adding to anticipations and appropriations, the amount of $250,600.00, for a Grant Award from the Governor’s Office of Highway Safety, to fund the Highway Enforcement of Aggressive Traffic and Pedestrian Safety Programs; and for other purposes.
08O0717( 9) An Ordinance by Public Safety and Legal Administration Committee to anticipate and appropriate an amount of $58,666.00, from the Criminal Justice Coordinating Council, for the purpose of continuing the provision of a Restorative Board in the English Ave./Vine City Area of Atlanta; and for other purposes.
TRANSPORTATION COMMITTEE - CLAIR MULLER, CHAIR
08O0722(10) An Ordinance by Transportation Committee to anticipate and appropriate Grant Funds in the amount of $990,000.00 to be received from the Federal Aviation Administration via Grant Agreement 3-13-0008-80, to pay as the United States’ share of 75% of allowable costs incurred in accomplishing the project named in the grant offer as “Conduct Capacity Study”; and for other purposes.
08O0723(11) An Ordinance by Transportation Committee to anticipate and appropriate Grant Funds in the amount of $15,167,649.00 to be received from the Federal Aviation Administration via Grant Agreement 3-13-0008-79-2007, to pay as the United States’ share of 75% of allowable costs incurred in accomplishing the project listed as “Rehabilitate Apron; Improve Runway Safety Area-09L/27R (27R End Improvement)”; and for other purposes.
08O0724(12) An Ordinance by Transportation Committee to amend the 2007-2008 (Airport Renewal and Extension Fund (5502)) Budget by transferring from Reserves Appropriations totaling $1,129,789.00 to provide funding for a Reimbursable Agreement with the Atlanta Airlines Terminal Corporation (“AATC”) for the installation of pre-conditioned air on the loading bridges at six gates on Concourse “D”; and for other purposes.
CONSENT AGENDA SECTION I (CONT’D)
ORDINANCES FOR SECOND
TRANSPORTATION COMMITTEE - CLAIR MULLER, CHAIR
08O0847(13) An Ordinance by Councilmember Anne Fauver authorizing the Mayor or her designee to make the Intersection at Oakdale Road, NE and Iverson Street, NE an All-Way Stop; and for other purposes.
FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR
08O0738(14) A Substitute Ordinance 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, to authorize a Month-to-Month Contract with Wallace, Roberts & Todd, LLC, for up to six (6) months, for the completion of the update to the Greenspace Plan; to increase the scope of the contract and add funding in amount not to exceed $30,000.00; all contracted work shall be charged to and paid from Fund, Department Organization and Account Number:1001 (General Fund) 5212001 (Consulting/Professional Services) 250403 (Planning) 7410000 (Function Activity); and for other purposes.
08O0739(15) An Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer to amend the 2008 (General Fund) Budget, on behalf of the Department of Planning and Community Development, in the amount of $30,000.00 by transferring funds from 1001 (General Fund) 5212001 (Consulting/ Professional Services) 030217 (Council Shared Support) 1110000 (Governing Body) ($15,000.00) and 1001 (General Fund) 5730004 (Council Members Expense) 030215 (Council Post 2 At-Large) 1110000 (Governing Body) ($15,000.00) to 1001 (General Fund) 5212001 (Consulting/ Professional Services) 250403 (Planning) 7410000 (Function Activity), for the update to the Greenspace Plan and an evaluation of the Tree Ordinance; and for other purposes.
08O0740(16) An Ordinance by Finance/Executive Committee authorizing the Mayor or her designee, on behalf of the City of Atlanta (“City”), to accept from the PATH Foundation (“PATH”) donations to fund the acquisition of property, easements, due diligence and closing costs in the project known as the Southtowne Trail Phase C which consists of easements on properties owned by a number of individual owners, and a donation of 3.1 acres of land from Housing Group Partners LLC; and for other purposes.
CONSENT AGENDA SECTION I (CONT’D)
RESOLUTIONS
CITY UTILITIES COMMITTEE - CARLA SMITH, CHAIR
08R0890( 1) A Resolution by City Utilities Committee authorizing the Mayor to enter into Renewal Agreement No. 1 with Player & Company, for FC-6006007946, Annual Contract for Major Electrical Services for the Bureau of Wastewater Treatment and Collections, on behalf of the Department of Watershed Management in an amount not to exceed $550,000.00; all contracted work shall be charged to and paid from Various Fund Department and Account Numbers; and for other purposes.
08R0891( 2) A Resolution by City Utilities Committee authorizing the Mayor to enter into Renewal Agreement No. 1 with Stewart Brothers, Inc., for FC-6006007977, Annual Contract for Asphaltic Concrete Pavement Milling and Resurfacing, on behalf of the Department of Watershed Management in an amount not to exceed $7,192,996.20; all contracted work shall be charged to and paid from PTAEO Funding Source 17102445/102/505281387/5414002 (Water & Wastewater Renewal & Extension Fund, Construction other than Buildings, Sewer Group Two Rehabilitation/City of Atlanta); and for other purposes.
08R0892( 3) A Resolution by City Utilities Committee authorizing the Mayor to enter into Renewal Agreement No. 2 with Southeast Pipe Survey, Inc., for FC-3006007907, Annual Contract for Small Diameter Sewer Improvements-Pipebursting, on behalf of the Department of Watershed Management in an amount not to exceed $9,299,490.70; all contracted work shall be charged to and paid from PTAEO Funding Source 17102445/102/505281387/5414002 (Water & Wastewater Renewal & Extension Fund, Construction other than Buildings, Sewer Group Two Rehabilitation/City of Atlanta); and for other purposes.
08R0893( 4) A Resolution by City Utilities Committee authorizing the Mayor to enter into Renewal Agreement No. 2 with Decanter Machine, Inc., for FC-6004007872, TWAS Centrifuge Maintenance and Repair, on behalf of the Department of Watershed Management in an amount not to exceed $285,000.00; all contracted work shall be charged to and paid from Various Fund Department and Account Numbers; and for other purposes.
CONSENT AGENDA SECTION I (CONT’D)
RESOLUTIONS (CONT’D)
CITY UTILITIES COMMITTEE - CARLA SMITH, CHAIR
08R0894( 5) A Resolution by City Utilities Committee authorizing the Mayor to enter into Renewal Agreement No. 2 with Inliner American, Inc., for FC-3006007906, Annual Contract for Small Diameter Sewer Improvements-Cured-In-Place-Pipe, on behalf of the Department of Watershed Management in an amount not to exceed $8,899,610.70; all contracted work shall be charged to and paid from PTAEO Funding Source 17102445/102/505281387/5414002 (Water & Wastewater Renewal & Extension Fund, Construction other than Buildings, Sewer Group Two Rehabilitation/City of Atlanta); and for other purposes.
08R0895( 6) A Resolution by City Utilities Committee authorizing the Mayor to enter into Renewal Agreement No. 3 with Dreamsan, Inc., for FC-6004007836, Recycling Program, on behalf of the Department of Public Works; to authorize continuing the current Scope of Work under the current terms through the end of the Fiscal Year, June 30, 2008 for an amount not to exceed $300,000.00; to authorize processing of recyclables for an additional one year term without additional cost to the City; all contracted work shall be charged to and paid from Fund, Department, Account and Function Number; 1001 (General Fund) 130213 (DPW Recycling and Collection) 5212001 (Consulting/Professional Services) 4540000 (Recyclable Collection); and for other purposes.
08R0897( 7) An Amended Resolution by City Utilities Committee authorizing the Mayor to enter into Amendment Agreement No. 1 with Site Engineering, Inc., for FC-3006007923, Annual Contract for Streambank Stabilization and Bioengineering Systems to amend the agreement to include the Department of Public Works as an additional user, on behalf of the Department of Watershed Management for Streambank Stabilization, in an amount not to exceed $880,000.00; all contracted work shall be charged to and paid from Various Fund Department and Account Numbers; and for other purposes.
CONSENT AGENDA SECTION I (CONT’D)
RESOLUTIONS (CONT’D)
CITY UTILITIES COMMITTEE - CARLA SMITH, CHAIR
08R0898( 8) A Resolution by City Utilities Committee authorizing the Mayor to enter into a Right-of-Way Encroachment Agreement for non-conforming uses with Cousins Properties Incorporated, owner of 191 Peachtree Street, for an update of 191 Peachtree Street’s front fascia in the City of Atlanta; and for other purposes.
08R1015( 9)
A Substitute Resolution by
Councilmember Carla Smith authorizing payment of stipulated penalties imposed by
the Environmental Protection Agency (EPA) and the Environmental Protection
Division of the Department of Natural Resources of the State of Georgia (EPD) in
the amount of $25,500.00 as stipulated penalties for the violation of CSO Fecal
Coliform Operational Standards at the North Avenue CSO on April 11, 2008 and
Fecal Coliform Standards at the Tanyard Creek CSO on April 4, 2008 pursuant to
the CSO Consent Decree, Civil Action File No. 1:95-CV-2550-TWT; to identify the
source of funding; and for other purposes.
COMMUNITY DEVELOPMENT/
HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR
08R0710(10)
A Resolution by Community Development/Human Resources Committee
authorizing the Mayor to enter into an appropriate Contractual Agreement with
Duncan and Associates for FC-6007000050, Impact Fee Study, on behalf of the
Department of Planning and Community Development, in an amount not to exceed
$275,000.00; all contracted work shall be charged to and paid from Fund,
Department Organization and Account Numbers: 3502 5212007 7410000 250401
($114,125.00); 3502 5212001 6220000 140106 ($144,375.00); 3502 5212001 1310000
040101 ($16,500.00); and for other purposes.
08R1022(11) A Resolution by Councilmember Jim Maddox authorizing the Bureau of Planning to recognize as a conforming lot of Record, property located at 1901 Niskey Lake Road (currently zoned R-4), that has been created as the result of previously issued Building Permits and that presently has a house located on it.
CONSENT AGENDA SECTION I (CONT’D)
RESOLUTIONS (CONT’D)
TRANSPORTATION COMMITTEE - CLAIR MULLER, CHAIR
08R0987(12) An Amended Resolution by Transportation Committee authorizing the Mayor, on behalf of the City of Atlanta (“City”), to enter into a Memorandum of Understanding (“MOU”), with the Atlanta Symphony Orchestra, Inc. (“ASO”), to serve as the sponsor for the ASO’s Transportation Enhancement Project, P. I. No. 0008134; and for other purposes.
FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR
08R0719(13)
A Substitute Resolution by Finance/Executive Committee authorizing the
Mayor to enter into an Lease Purchase Agreement on behalf of the Atlanta Fire
and Rescue Department with Wachovia Bank to secure financing for an amount not
to exceed $438,843.00 at approximately 3.62% interest for a maximum term of
three years to supplement grant funds from Georgia Emergency Management Agency
for the purpose of purchasing Mobile Data Computers and Automatic Vehicle
Locators; all payments shall be charged to and paid from Fund, Department
Organization and Account Number 1001 (General Fund) 230205 (AFR Fire Stations
& Buildings) 5421003 (Equipment); and for other purposes.
08R0995(14) A Resolution by Finance/Executive Committee authorizing the Chief Financial Officer to issue a Refund to Intervision, LLC, in an amount not to exceed $149,047.10 for an Overpayment of Business License Fees; all funds shall be charged to and paid from Fund, Department Organization and Account Number 1001 (General Fund) 100501 (DOF Revenue and Collections) 1515000 (Treasury); and for other purposes.
08R0996(15) A Resolution by Finance/Executive Committee authorizing the Chief Financial Officer to issue a Refund to Mission Produce, Inc., in an amount not to exceed $34,094.88 for an Overpayment of Business License Fees; all funds shall be charged to and paid from Fund, Department Organization and Account Number 1001 (General Fund) 100501 (DOF Revenue and Collections) 1515000 (Treasury); and for other purposes.
CONSENT AGENDA SECTION I (CONT’D)
RESOLUTIONS (CONT’D)
FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR
08R0997(16) A Resolution by Finance/Executive Committee authorizing the Chief Financial Officer to issue a Refund to the Real Chow Baby, in an amount not to exceed $19,427.09 for an Overpayment of Alcohol Excise Taxes; all funds shall be charged to and paid from Fund, Department Organization and Account Number 1001 (General Fund) 100501 (DOF Revenue and Collections) 1515000 (Treasury); and for other purposes.
PUBLIC SAFETY AND LEGAL
ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR
Claims with favorable recommendations:
08-R-0907 ( 1)
Claim of State Farm Insurance
Company, as subrogee of Kim Lawrence, for damages alleged to have been
sustained as a result of driving over an unsecured metal plate on December 11,
2007 at 875 West Paces Ferry Road.
$832.00
08-R-0908 ( 2)
Claim of State Farm Insurance
Companies, as subrogee of Homer Beavers, for damages alleged to have
been sustained as a result of an automobile accident on January 14, 2008 at 1619
Centra Villa Drive.
$3,426.01
08-R-0909 ( 3)
Claim of Progressive Max
Insurance Companies, as subrogee of Christine H. 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. $2,463.53
08-R-0910 ( 4)
Claim of Jocelyn Homer,
for damages alleged to have been sustained as a result of driving over an
unsecured construction cut on November 20, 2007 at 1854 Perry Boulevard.
$609.00
08-R-0911 ( 5)
Claim of Durian Ross, through
his attorney, Ahkibah Hall, for damages alleged to have been sustained
as a result of an automobile accident on November 27, 2007 at Donald Lee
Hollowell Parkway and Northside Drive.
$10,000.00
CONSENT AGENDA SECTION I (CONT’D)
RESOLUTIONS (CONT’D)
PUBLIC SAFETY AND LEGAL
ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR
Claims with favorable recommendations:
08-R-0912 ( 6)
Claim of Mijin Kim, for
damages alleged to have been sustained during the removal of a stump on December
24, 2007 at
08-R-0913 ( 7)
Claim of Cheena Mitchell,
through her attorney, John E. King & Associates, LLC, for bodily
injuries alleged to have been sustained from an automobile accident on October
4, 2007 at 2636 Martin Luther King, Jr. Drive.
$11,500.00
08-R-0914 ( 8)
Claim of Bennie Lamb,
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. $652.00
08-R-0915 ( 9)
Claim of Helen Griffin,
for vehicle damages alleged to have been sustained as a result of a recessed
manhole on December 4, 2007 at Cherokee Avenue and Glenwood Avenue.
$1,693.57
08-R-0916 (10)
Claim of William E. and Janet
C. Nutt, for damages alleged to have been sustained as a result of a
sewer backup on September 16, 2007 at 1461 Pine Street, Apartment B.
$1,615.11
08-R-0917 (11)
Claim of Susan G. Bennett,
for damages alleged to have been sustained as a result of striking a raised
water meter box on February 13, 2008 at 569 E. Wesley Road, NE.
$587.25
08-R-0918 (12)
Claim of Bernard Coxton,
for vehicular damages alleged to have been sustained from driving over a water
valve that was under construction and left in an unsafe manner on February 27,
2008 at 520 Boulevard, NE.
$848.47
08-R-0920 (13)
Claim of Christel Sundin,
for damages alleged to have been sustained as a result of driving over an
unsecured construction cut on January 24, 2008 on North Avenue at Bonaventure
Avenue.
$968.51
CONSENT AGENDA SECTION I (CONT’D)
RESOLUTIONS (CONT’D)
PUBLIC SAFETY AND LEGAL
ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR
Claims with favorable recommendations:
08-R-0921 (14)
Claim of William Heitmann, III,
for damages alleged to have been sustained as a result of driving over an
unsecured metal plate on January 14, 2008 at 875 West Paces Ferry Road.
$2,252.67
08-R-0922 (15)
Claim of Le’Roy Tilghman,
for damages alleged to have been sustained as a result of a vehicle accident on
November 28, 2007 at 2315 Donald Lee Hollowell Parkway. $765.53
08-R-0923 (16)
Claim of Charles and Ethel
Pullin, for damages alleged to have been sustained as a result of
striking metal plates on February 4, 2008 at 2324 Marietta Road.
$1,518.98
08-R-0924 (17)
Claim of Gabriel and Kenneth
Williams, for damages alleged to have been sustained as a result of an
automobile accident on February 28, 2008 at Florida Avenue, SE and Sanders
Avenue, SE.
$932.75
Claims with unfavorable recommendations:
08-R-0925 (18) Claim of Ronnie Clemons, for damages alleged to have been sustained as a result of driving over an unsecured metal plate on August 16, 2007 at 1595 Marietta Boulevard.
08-R-0926 (19) Claim of Mishon Bouyer, through her attorney, Brad Gardner, Esq., Forrest B. Johnson & Associates, for damages alleged to have been sustained during an arrest on August 27, 2006 at 10th Avenue and Brady Avenue.
08-R-0927 (20) Claim of O’Terrill’s, for damages alleged to have been sustained due to a street closing event on October 13, 2007 at 510 Piedmont Avenue, NE.
08-R-0928 (21) Claim of Anthony Jackson, through his attorney, Robin Frazer Clark, for damages alleged to have been sustained as a result of an overtime pay dispute between 2000 and 2004 at 675 Ponce de Avenue, NE.
CONSENT AGENDA SECTION I (CONT’D)
RESOLUTIONS (CONT’D)
PUBLIC SAFETY AND LEGAL
ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR
Claims with unfavorable recommendations:
08-R-0929 (22)
Claim of Bruce Feigelson,
for damages alleged to have been sustained as a result of striking a metal plate
on January 23, 2008 at
08-R-0930 (23)
Claim of
08-R-0931 (24) Claim of Adolph Gammage, for damages alleged to have been sustained as a result of striking a pothole on September 14, 2007 at Butner Road and Casa Domain Court.
08-R-0932 (25) Claim of Corridor BeltLine, LLC, through its attorney, Thomas T. Tate, Esq., Andersen, Tate & Carr, P.C., for damages alleged to have been sustained from storm water overflow on August 31, 2006 at 650 Ponce de Leon Avenue, NE.
08-R-0933 (26) Claim of JNR Adjustment Company, Inc., as subrogee of Xspedius Communications, on behalf of Time-Warner Telecom, for damages alleged to have been sustained when overhead fiber cable was cut on December 8, 2005 on West Peachtree Street, between 7th Street and 8th Street.
08-R-0934 (27) Claim of Theresa Willis, for damages alleged to have been sustained as a result of a trip and fall on March 20, 2008 at 23 Warren Street.
08-R-0935 (28) Claim of Chester J. Hosch, for damages alleged to have been sustained as a result of driving over an unsecured construction cut on February 12, 2008 at Perry Boulevard and Habershal Drive.
08-R-0936 (29)
Claim of
CONSENT AGENDA SECTION I (CONT’D)
RESOLUTIONS (CONT’D)
PUBLIC SAFETY AND LEGAL
ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR
Claims with unfavorable recommendations:
08-R-0937 (30)
Claim of Cheryl Shaw,
for damages alleged to have been sustained as a result of driving over an
unsecured construction cut on February 10, 2008 at
08-R-0938 (31) Claim of B & D Endeavors, through its attorney, William L. Colvin, for damages alleged to have been sustained as a result of a water service account dispute between April, 2005 and September, 2007 at 55 and 58 Bradley Street.
08-R-0939 (32) Claim of McMarcus Williams, through his attorney, Michael Cherof, for damages alleged to have been sustained as a result of an automobile accident on February 6, 2008 at Cascade Road and Beecher Street.
08-R-0940 (33) Claim of Harrington Investment, Inc., for damages alleged to have been sustained as a result of driving over a construction cut on January 5, 2008 at 1155 Niskey Lake Road.
08-R-0941 (34) Claim of Barbara Sanders, for property damages alleged to have been sustained from a sewer backup on July 31, 2007, at 2298 Barge Road, SW.
08-R-0942 (35) Claim of Marilyn Simmons and Ana Hicks, through their attorney, Sam L. Starks, for damages alleged to have been sustained as a result of flooding on January 10, 2008 at 188 Atlanta Avenue, SE.
08-R-0943 (36) Claim of Todd Walker, for damages alleged to have been sustained as a result of striking a construction cut on January 5, 2008 at 1999 Campbellton Road.
08-R-0944 (37) Claim of Michael Bartholomew, for damages alleged to have been sustained as a result of driving over a construction cut on January 31, 2008 at 295 West Wesley.
CONSENT AGENDA SECTION I (CONT’D)
RESOLUTIONS (CONT’D)
PUBLIC SAFETY AND LEGAL
ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR
Claims with unfavorable recommendations:
08-R-0945 (38) Claim of Leverne Westry, for damages alleged to have been sustained as a result of driving over a raised manhole on November 9, 2007 at Joseph E. Lowery Boulevard and Sells Avenue.
08-R-0946 (39) Claim of Joseph Arbuckle, for damages alleged to have been sustained as a result of driving over an unsecured construction cut on August 23, 2007 at 799 Kirkwood Avenue.
08-R-0947 (40) Claim of Byron Ford, for damages alleged to have been sustained as a result of an automobile collision on August 21, 2007 near 965 Oak Street.
08-R-0948 (41) Claim of State Farm Insurance Companies, as subrogee of Linda Capell, for property damages alleged to have been sustained from an automobile accident on July 25, 2007 at SE at 75/85 NB Expressway and Courtland Street, NE.
08-R-0949 (42) Claim of Liberty Mutual Fire Insurance Company, as subrogee of Fatimah Abdullah, for property damages alleged to have been sustained from and undisclosed event on August 18, 2007 at an unspecified location.
08-R-0950 (43) Claim of Kawalie M. Fataki, III, for damages alleged to have been sustained as a result of a rock thrown by a lawnmower on March 15, 2007 at 996 Ralph David Abernathy Boulevard, SW.
08-R-0951 (44) Claim of Andrew Murphy, for property damages alleged to have been sustained from a sewer backup on March 2, 2008 at 508 Greenwood Avenue, NE.
08-R-0952 (45) Claim of Karen Smith, for damages alleged to have been sustained as a result of striking a damaged storm grate on January 3, 2008 at Boulevard, SE and Wabash Avenue.
CONSENT AGENDA SECTION I (CONT’D)
RESOLUTIONS (CONT’D)
PUBLIC SAFETY AND LEGAL
ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR
Claims with unfavorable recommendations:
08-R-0953 (46) Claim of Alyssa Walz, Gregory Walz, and Jenny Walz, for damages alleged to have been sustained as a result of a vehicle accident on September 11, 2007, at the intersection of Howell Mill Road and Chattahoochee Avenue.
08-R-0954 (47) Claim of Vichelle Taylor, for damages alleged to have been sustained as a result of driving over a construction cut on January 6, 2008 at 1155 Niskey Lake Road.
08-R-0955 (48) Claim of Joan Brown, for damages alleged to have been sustained as a result of a sewer backup on July 27, 2004 at 1494 Memorial Drive, A-2.
08-R-0956 (49) Claim of Travelers Insurance Company, as subrogee of Tyler Bell, for damages alleged to have been sustained as a result of an automobile accident on January 6, 2008 at Martin Luther King, Jr. Drive and Mangum Street.
08-R-0957 (50) Claim of Liberty Mutual, as subrogee of Mary Ann Linkowski, for damages alleged to have been sustained as a result of an automobile accident on January 6, 2008 at Martin Luther King, Jr. Drive and Mangum Street.
08-R-0958 (51) Claim of Terry Orme and Cele Covatta, for damages alleged to have been sustained as a result of a sewer backup on November 8, 2007 at 3192 Rockingham Drive.
08-R-0959 (52) Claim of State Farm Insurance Companies, as subrogee of Charles Jones, Sr., for damages alleged to have been sustained as a result of an automobile accident on January 6, 2008 at Martin Luther King, Jr. Drive and Mangum Street.
08-R-0960 (53) Claim of Marvin Swint, through his attorney, K. Prabhaker Reddy, for damages alleged to have been sustained during an arrest on August 21, 2007 at 2537 Piedmont Road.
CONSENT AGENDA SECTION I (CONT’D)
RESOLUTIONS (CONT’D)
PUBLIC SAFETY AND LEGAL
ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR
Claims with unfavorable recommendations:
08-R-0961 (54) Claim of Jeffrey T. Nugent, for damages alleged to have been sustained as a result of striking a metal plate on January 24, 2008 at 2166 Peachtree Road, NW and Colonial Homes Drive, NW.
08-R-0962 (55) Claim of BenJean Cropper, 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-0963 (56) Claim of Martha Lynn Grassie, through her attorney, R. David Sammons, for damages alleged to have been sustained as a result of stepping into an electrical box on April 12, 2006 at the corner of Garnett and Peachtree Streets.
08-R-0964 (57) Claim of Branden Griffin, for damages alleged to have been sustained as a result of driving over an area of sunken pavement on November 3, 2006 on West Peachtree Street between 12th Street and 14th Street.
08-R-0965 (58) Claim of USAA Insurance Company, as subrogee, of Lynn R. Johnson, for damages alleged to have been sustained as a result of a vehicle accident on March 30, 2007 at 3705 Melvin Drive, SW.
08-R-0966 (59) Claim of Dwayne Thomas, for damages alleged to have been sustained from driving over a construction site that was left in an unsafe condition in the road on October 1, 2007 at 1707 Metropolitan Parkway.
08-R-0967 (60) Claim of Sembler Atlanta Development I, through its attorney, Steven V. Kern, Esq., for damages alleged to have been sustained from storm water overflow on August 31, 2006 at 680 Ponce de Leon Avenue, NE.
CONSENT AGENDA SECTION I (CONT’D)
RESOLUTIONS (CONT’D)
PUBLIC SAFETY AND LEGAL
ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR
Claims with unfavorable recommendations:
08-R-0968 (61) Claim of Borders, Inc. and Liberty Mutual Insurance Company, through their attorney, William J. Holley, II, for damages alleged to have been sustained from storm water overflow on August 31, 2006 at 650 Ponce de Leon, NE.
08-R-0969 (62) Claim of Barbara Hartung, for damages alleged to have been sustained as a result of driving over a construction cut on January 2, 2008 at 1155 Niskey Lake Road.
08-R-0970 (63) Claim of Jeremy Hunter & Danielle Valimont, through their attorney, Michael T. Bennett, Jr., for damages alleged to have been sustained as a result of an arrest on August 9, 2007 at the intersection of Freedom Parkway and Boulevard.
08-R-0971 (64) Claim of Joseph P. Palermo, III, for damages alleged to have been sustained as a result of driving through a construction area on November 2, 2007 at the intersection of Gaskill Street and Pearl Street.
08-R-0972 (65) Claim of Mike S. Challiss, through his attorney, Justin J. Wyatt, Esq., for damages alleged to have been sustained during an arrest on July 10, 2007 at 594 Wimbeldon Road.
08-R-0973 (66) Claim of Transguard Insurance Company, as subrogee of Ace World Wide, for damages alleged to have been sustained as a result of striking low-hanging utility wires on August 17, 2007 at Peachtree Street and Beverly Road.
08-R-0974 (67) Claim of Teneka Brinkley, for damages alleged to have been sustained as a result of driving over a pothole on March 9, 2008 at 8425 Wilkerson Mill Road in Palmetto, Georgia.
08-R-0975 (68) Claim of Curtis Merriell, through his attorney, Yinka T. Omole & Associates, for bodily injuries alleged to have been sustained from an automobile accident on June 15, 2007 at Morton Avenue and University Avenue.
CONSENT AGENDA SECTION I (CONT’D)
RESOLUTIONS (CONT’D)
PUBLIC SAFETY AND LEGAL
ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR
Claims with unfavorable recommendations:
08-R-0976 (69) Claim of Michael Merriell, through his attorney, Yinka T. Omole & Associates, for bodily injuries alleged to have been sustained from an automobile accident on June 15, 2007 at Morton Avenue and University Avenue.
08-R-0977 (70) Claim of Nathan Merriell, through his attorney, Yinka T. Omole & Associates, for bodily injuries alleged to have been sustained from an automobile accident on June 15, 2007 at Morton Avenue and University Avenue.
08-R-0978 (71) Claim of Richard Francati, for damages alleged to have been sustained from a billing issue on May 12, 2007 at 397 Blake Avenue, SE.
08-R-0979 (72) Claim of Jimmie Jackson, through his attorney, Bruce A. Hagen, P.C., for bodily injuries alleged to have been sustained from tripping on a metal strip that was protruding from the sidewalk on September 13, 2007 at 12 Broad Street, SW.
08-R-0980 (73) Claim of Stephanie Moore, for damages alleged to have been sustained as a result of driving over a failed construction cut on June 7, 2007 at 830 Westview Drive.
08-R-0981 (74) Claim of