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ATLANTA CITY COUNCIL

AGENDA

Monday, February 4, 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                    2

 6.        Remarks by the Public

 7.        Report of the Journal

 8.        Communications                                                                                                             2

 9.        Adoption of Agenda

10.       Consideration of Vetoed Legislation                                                                               3

11.       Unfinished Business                                                                                                        3

12.       Consent Agenda                                                                                                            4

13.       Report of Standing Committees                           Committee Chairs                       Pages

            City Utilities Committee                                            Carla Smith                                    23

            Community Development/Human

            Resources Committee*                                            Jim Maddox                                   28

            Public Safety and Legal

            Administration Committee*                                      Cleta Winslow                                36

            Transportation Committee*                                      Clair Muller                                    42

            Zoning Committee                                                    Ivory L. Young, Jr.                         44

            Finance/Executive Committee                                   Howard Shook                               68

            Committee on Council**                                          Felicia A. Moore                            73

14.       Personal Papers/Resolutions for immediate consideration

15.       Personal Papers and General Remarks

16.       Adjournment: Roll Call

*          No Report

**        No Report at Time of Agenda Preparation

***      Items that did not appear on any committee’s regular printed agenda.  (Pages 11, 20 & 22)


5.         PROCLAMATIONS, COMMENDATIONS AND OTHER SPECIAL AWARDS

Judge Debra Green will swear into office:

Fire Chief Kelvin Cochran

Chief of Corrections Frank Sizer

8.         COMMUNICATIONS

08-C-0217 ( 1)            A Communication by Councilmember Felicia A. Moore appointing Mr. Michael Hosmer to serve as a member of the Perry/Bolton TAD Advisory Board.  This appointment is scheduled to begin on the date of Council confirmation.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE AND COMMITTEE ON COUNCIL

08-C-0218 ( 2)            A Communication by Councilmember Kwanza Hall appointing Ms. Inez D. Heard to serve as a member of the Atlanta Commission on Aging.  This appointment is for a term of four (4) years, scheduled to begin on the date of Council confirmation.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL

08-C-0219 ( 3)            A Communication by Councilmember Kwanza Hall appointing Ms. Susana Maria Chavez 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

08-C-0220 ( 4)            A Communication by Mayor Shirley Franklin appointing Mr. Steven Suna to serve as a member of the Atlanta/Fulton County Library Board of Trustees in the Atlanta/DeKalb County Representative category.  This appointment is for a term of two (2) years, commencing retroactively to July 1, 2007 and expiring June 30, 2009.  This appointment supersedes previously adopted communication 07-C-2316.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE AND COMMITTEE ON COUNCIL


8.         COMMUNICATIONS (CONT’D)

08-C-0221 ( 5)            A Communication by Mayor Shirley Franklin re-appointing Ms. Amanda Baxter to serve as a member of the Keep Atlanta Beautiful Board of Directors for the City of Atlanta .  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

08R0087( 1)            A Resolution by Councilmembers Felicia A. Moore, Ivory Lee Young, Jr. and Ceasar C. Mitchell urging the Atlanta Housing Authority (AHA) not to proceed with the displacement of residents from the communities of Bowen Homes, Hollywood Courts, and Bankhead Courts in Atlanta Council District 9 until affected residents and the Atlanta City Council receive a copy of the HUD Demolition Application for review, comment, consultation; and for other purposes.

The above item was adopted by the Atlanta City Council at their regularly scheduled meeting held on January 22, 2008.  However, 08-R-0087 was returned vetoed by Mayor Shirley Franklin on January 30, 2008.

VETOED BY MAYOR SHIRLEY FRANKLIN ON JANUARY 30, 2008

11.       UNFINISHED BUSINESS

08O0086( 1)            An Ordinance by Councilmembers Felicia A. Moore, Mary Norwood , Ivory Lee Young, Jr., Joyce M. Sheperd, Natalyn M. Archibong, Ceasar C. Mitchell and C. T. Martin as amended by Community Development/Human Resources Committee to add a new Section 2-46.2 entitled “Authorization Required by City Council for Requested Local Government Approval and/or Letters of Support”; also requiring that resolutions authorizing support of AHA Initiatives must be accompanied with a copy of the application and/or documentation; and for other purposes.

At the regularly scheduled meeting held January 22, 2008, Councilmember Moore made a motion to table 08-O-0086 for a two-week time certain.  It was properly seconded and the motion carried by a roll call vote of 13 yeas; 1 nay.

TABLED AS AMENDED BY A ROLL CALL VOTE OF 13 YEAS; 1 NAY


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

07O2600( 1)            An Ordinance by Councilmember Mary Norwood as amended by City Utilities Committee to re-name Hills Ave., NW, from Defoor Hills Rd., NW to Chattahoochee Ave., NW, to Collier Rd., NW; to waive various subsections of Section 138-8 of the Code of Ordinances; and for other purposes.  (Public Hearing held 1/29/08)

08O0007( 2)            An Ordinance by City Utilities Committee to abandon a portion of Solomon Street, SE located between Fraser Street and Martin Street consisting of 0.458 acre, more or less and being more specifically described in the attached Exhibit “A” lying and being in Land Lot 53 of the 14th District, Fulton County, Georgia; and for other purposes.  (Public Hearing held 1/29/08)

08O0192( 3)            An Ordinance by Councilmember Carla Smith amending the Code of Ordinances of the City of Atlanta, Georgia to establish a uniform franchise fee applicable to all holders of a cable or video franchise issued by either the City of Atlanta or the State of Georgia pursuant to O.C.G.A. 36-76-1 et seq. known as the “Consumer Choice for Television Act” of 2007 by adopting Sections 138-140 and 138-140.1; to designate an agent; to provide for codification; to repeal conflicting ordinances;; and for other purposes. 

08O0203( 4)            An Ordinance by Councilmember Jim Maddox 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-07-26, (3494 Hogan Road, SW) applicant deposit a dollar amount ($14,617.00) equal to the value of the required sidewalk construction into a designated Trust Fund Account for District 11; and for other purposes. 

CONSENT AGENDA SECTION I  (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

COMMUNITY DEVELOPMENT/

HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR

06O0262( 5)            An Ordinance by Councilmember Jim Maddox as substituted by Community Development/Human Resources Committee to amend Chapter 1, Section 101.4(e) of the Building Code Amendments by adding subparagraph (6); to require the installation of automatic sprinkler systems in new multifamily occupancies described in the Building Code as R-1 and R-2 and to repeal conflicting ordinances; and for other purposes.

07O0673( 6)            An Ordinance by Councilmembers Mary Norwood , Jim Maddox, Joyce M. Sheperd, H. Lamar Willis, Ceasar C. Mitchell, Clair Muller, Anne Fauver and Ivory Lee Young, Jr. as substituted by Community Development/Human Resources Committee to amend Article II, Section 25, entitled “Owner and Tenant Responsibility for Cleanliness of Property”, of the Atlanta Housing Code of 1987, so as to require that all outside storage items, utilized in connection with a permitted use of the property, be placed in the rear yard and invisible when the property is viewed from a front view; to preclude the excessive accumulation of outside storage items; to waive conflicting ordinances; and for other purposes.

07O2602( 7)            An Ordinance by Councilmembers Anne Fauver, Natalyn M. Archibong and Ivory Lee Young, Jr. authorizing the Mayor or her designee to change the name of the Piedmont Park Tennis Center to the Sharon E. Lester Tennis Center at Piedmont Park in honor of the former Tennis Facility Supervisor on behalf of the Department of Parks, Recreation and Cultural Affairs; Office of Recreation; and for other purposes.

08O0009( 8)            An Ordinance by Community Development/Human Resources Committee to amend Part 6, Chapter 4, Article A, Section 6-4001(a) of the Code of Ordinances of the City of Atlanta, Georgia, Land Development Code, entitled “Creation and Composition”, so as to change the number of voting members on the Atlanta Planning Advisory Board from twenty-four (24) voting members to twenty-five (25) voting members; and for other purposes.

CONSENT AGENDA SECTION I  (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

PUBLIC SAFETY AND LEGAL

ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

08O0202( 9)            An Ordinance by Councilmembers Kwanza Hall and Cleta Winslow imposing Interim Controls on the acceptance of applications for Alcohol Permits for properties located in the Castleberry Hill Landmark District, for a period not to exceed 180 days; and for other purposes.

TRANSPORTATION COMMITTEE         CLAIR MULLER, CHAIR

08O0070(10)           An Ordinance by Transportation Committee authorizing the installation of All-Way Stop Signs at the intersection of Pine Tree Drive and North Hills Drive, NE; and for other purposes.

08O0071(11)           An Ordinance by Transportation Committee to restrict Left Turn Movement from 14th Street Westbound onto Peachtree Street Southbound and to restrict Right Turn on Red Movement from 14th Street Westbound onto Peachtree Street Northbound; and for other purposes.

08O0076(12)           An Ordinance by Councilmember Clair Muller to anticipate and appropriate grant funds in the amount of $12,000,000.00 to be received from the Federal Aviation Administration’s offer via a Letter of Intent “#ASO-02-2 Payment #5” identifying Grant Agreement 3-13-0008-76 for Payment of the Principal on the 2004 Passenger Facility Charge Bond and Subordinate Lien Revenue Bonds issued to pay capital costs associated with the project that extends the 5th Runway and Associated Taxiways (Site Preparation-Phase 1E); and for other purposes. 

08O0077(13)           An Ordinance by Councilmember Clair Muller to anticipate and appropriate grant funds in the amount of $7,000,000.00 to be received from the Federal Aviation Administration’s offer via a Letter of Intent “#L004-2010, Payment #2” identifying Grant Agreement 3-13-0008-78 for payment of the United States’ share of 75% of allowable costs incurred in accomplishing the project listed as “Construct Taxiway “V”, End Around Taxiway (Phase 1B-Site Preparation); and for other purposes. 

CONSENT AGENDA SECTION I  (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

TRANSPORTATION COMMITTEE         CLAIR MULLER, CHAIR

08O0078(14)           An Ordinance by Councilmember Clair Muller to anticipate and appropriate grant funds in the amount of $6,308,300.00 to be received from the Federal Aviation Administration’s offer via a Letter of Intent “#L02-2009, Payment #8” identifying Grant Agreement 3-13-0008-77 for payment of the principal on the 2004 Passenger Facility Charge Bond and Subordinate Lien Revenue Bonds issued to pay capital costs associated with the project to construct the Commuter Runway 10/28 (6,000 feet x 150 feet) and Associated Taxiways (Site Preparation-Phase 1J); and for other purposes.

FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR

08O0072(15)           An Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer, on behalf of the Department of Planning and Community Development, to pay outstanding invoices to DPC General Contractors, Inc., for Asbestos Test ing and Abatement Services, in an amount not to exceed $24,224.00; all funds shall be charged to and paid from Fund, Account and Center Number 1A01 (General Fund) 524001 (Consultant/Professional Services) Y45001 (Zoning & Code Enforcement); and for other purposes.

08O0073(16)           A Substitute Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer to amend the 2008 (Capital Finance Fund) Budget, on behalf of the Office of the Mayor, in an amount of $4,250,000.00 by transferring funds from 1C51 (Capital Finance Fund) 773002 (Construction In Progress) D45C05029999 (Public Safety & Judicial Facilities Project – Annex) to 1C51 (Capital Finance Fund) 773002 (Construction In Progress) D45C05049999 (Public Safety & Judicial Facilities Project – 911), for the Public Safety and Judicial Facilities Project; and for other purposes.

08O0074(17)           A Substitute Ordinance by Finance/Executive Committee authorizing the City of Atlanta to waive the Competitive Procurement Provisions contained in Article X, of the Procurement Code, of the City of Atlanta Code of Ordinances, to authorize a Contract with Otis Elevator from December 1, 2007 through November 30, 2008, with an

CONSENT AGENDA SECTION I  (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR

option to extend on a Month-to-Month basis for up to six (6) additional months, for Elevator Maintenance at City Hall East, on behalf of the Executive Offices - Office of Enterprise Assets Management, in an amount not to exceed $116,986.92.  All contracted work shall be charged to and paid from Fund, Account and Center Number: 1A01 (General Fund), 523001 (Service, Repair and Maintenance), D81005 (Facility Maintenance – City Hall East); and for other purposes.

08O0193(18)           An Ordinance by Councilmember Howard Shook as substituted by Finance/Executive Committee correcting Ordinance Number 07-O-0985 and Ordinance Number 07-O-2132 which abandoned a portion of Bolling Way located immediately north of the intersection of Bolling Way with Buckhead Avenue; and for other purposes.

08O0194(19)           An Ordinance by Councilmember Howard Shook to correct Ordinance number 06-O-1957 adopted by the Atlanta City Council on September 18, 2006, and approved by the Mayor on September 21, 2006; and for other purposes.

08O0195(20)           An Ordinance by Councilmember Howard Shook to correct Ordinance Number 07-O-1928 adopted by the Atlanta City Council on October 1, 2007, and approved by the Mayor on October 8, 2007; and for other purposes.

RESOLUTIONS

CITY UTILITIES COMMITTEE - CARLA SMITH, CHAIR

07R0750( 1)            A Substitute Resolution by City Utilities Committee authorizing the Mayor to enter into an agreement with Alberici Constructors, Inc./Willis Professional Services, Inc., a Joint Venture for FC-6007000029, Annual Contract for Major Mechanical Services for the Bureau of Wastewater Treatment and Collections, on behalf of the Department of Watershed Management, in an amount not to exceed $815,990.00; all contracted work will be charged to and paid from Various Fund, Account and Center Numbers; and for other purposes.

CONSENT AGENDA SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

CITY UTILITIES COMMITTEE - CARLA SMITH, CHAIR

07R2597( 2)            A Resolution by Councilmember Carla Smith as substituted by City Utilities Committee authorizing payment of stipulated penalties imposed by the Environmental Protection Division of the Department of Natural Resources of the State of Georgia (EPD) in the amount of $2,800.00 pursuant to the First Amended Consent Decree, Civil Action File No. 1:98-CV-1956-TWT; to identify the source of funding; and for other purposes. 

08R0160( 3)            A Resolution by City Utilities Committee authorizing the Mayor to issue a Notice-to-Proceed to Arcadis/Brindley Pieters & Associates, Joint Venture for FC-7619-03A, Annual Contract for Architectural and Engineering Services, Proctor Creek and Sandy Creek Basins SSO Capacity Relief Replacement Projects, on behalf of the Department of Watershed Management, in an amount not to exceed $2,204,220.00; all contracted work will be charged to and paid from Various Fund, Account and Center Numbers; and for other purposes.

08R0161( 4)            A Resolution by City Utilities Committee authorizing the Mayor to enter into Renewal Agreement No. 4 with Jordan, Jones & Goulding, Inc./Delon Hampton & Associates, Chartered Engineers/Hatch Mott-MacDonald, Inc. for FC-7488-02A, Engineering Design Services for Combined Sewer Overflow (“CSO”) Storage Tunnel Facilities (West), on behalf of the Department of Watershed Management in an amount not to exceed $5,887,755.00; all contracted work shall be charged to and paid from Fund, Account and Center Number:  2J28 (2004 Water & Wastewater Bond Fund) 524001 (Consulting Professional Services) Q38I02679999 (CSO-West Tunnels); and for other purposes.

08R0162( 5)            A Resolution by City Utilities Committee authorizing the Mayor to execute an agreement with Turf Care Services, for FC-6007000069, Annual Contract for Grounds Maintenance Services with Turf Care Services, on behalf of the Department of Watershed Management, in an amount not to exceed $392,402.10; all contracted services will be charged to and paid from Various Fund, Account and Center Numbers; and for other purposes.

CONSENT AGENDA SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

CITY UTILITIES COMMITTEE - CARLA SMITH, CHAIR

08R0163( 6)            A Resolution by City Utilities Committee authorizing the Mayor to enter into Renewal Agreement No. 1 with Ed Castro Landscape, Inc., for FC-6006007927, Annual Contract for Landscaping Services, on behalf of the Department of Watershed Management in an amount not to exceed $275,000.00; all contracted work will be charged to and paid from Fund, Account and Center Number 2J01 (Water and Wastewater Revenue Fund) 523001 (Service/Repair/Maintenance Contracts) Q64001 (Drinking Water Facility Maintenance); and for other purposes.

08R0164( 7)            A Resolution by City Utilities Committee authorizing the Mayor to enter into an agreement with Alberici Constructors, Inc./Willis Professional Services, Inc., Joint Ventures, for FC-3007000041, General Pump Station Improvements, on behalf of the Department of Watershed Management, in an amount not to exceed $6,359,860.00; all contracted work will be charged to and paid from Fund, Account and Center Number: 2J21 (Water & Wastewater Renewal & Extension) 574001 (Facilities other than Buildings) Q37I150294DA (Pump Station Improvements); and for other purposes.

COMMUNITY DEVELOPMENT/

HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR

08R0165( 8)            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 Beacon of Hope Inc., to increase funding in an amount not to exceed $80,000.00, and extend the contract until December 31, 2009, for the purpose of completing the rehabilitation of four housing units; all costs shall be charged to and paid from Fund, Account and Center Number: 3P05 (Home Investment Trust Fund) 529002 (Service Grants) Y46P0918A3K0 (Home Program - Multi Unit Housing HM-10); and for other purposes.


CONSENT AGENDA SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

COMMUNITY DEVELOPMENT/

HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR

08R0166( 9)            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 Community Housing Resource Center to increase funding, in an amount not to exceed $75,624.14, for the CHRC Emergency Repairs Project, CD-613; all costs shall be charged to and paid from Fund, Account and Center Number: 1B01 (Community Development Fund) 529002 (Service Grants) Y46P0932A26A (Comm. Housing Res. Ctr. Emergency Repairs); and for other purposes.

08R0167(10)           A Resolution by Community Development/Human Resources Committee authorizing the Mayor to enter into an appropriate contractual agreement with Life Environmental Services, Inc., for FC-3007000040, Lead Based Risk Assessment, on behalf of the Department of Planning, Bureau of Housing, in an amount not to exceed $125,000.00; all contracted work shall be charged to and paid from various Fund, Account and Center Numbers listed herein; and for other purposes.

PUBLIC SAFETY AND LEGAL

ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

08R0207(11)           A Resolution by Public Safety and Legal Administration

***                              Committee authorizing the settlement of all claims against the City of Atlanta in the case of Camp Creek Investment Venture Limited v. City of Atlanta, Georgia, et al., Superior Court, Fulton County, Civil Action File No. 2006CV124235, 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.

CONSENT AGENDA SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

TRANSPORTATION COMMITTEE                                 CLAIR MULLER, CHAIR

08R0170(12)           A Substitute Resolution by Transportation Committee authorizing the Mayor to execute an Agreement with the Atlanta Airlines Terminal Corporation for a Water Conservation Measures Project, for a cost to the City not to exceed $5,000,000.00, to be charged to and paid from 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 Capital Planning & Development) 5414002 (Facilities other than Bldgs./Infrastructure – CIP) 7563000 (Airport) 102826 (Building Maintenance – P&D) 91249 (DOA R N E 9999) 0000 (Default) 00000000 (Default) 00000000 (Default)

08R0172(13)           A Substitute Resolution by Transportation Committee authorizing the Mayor to execute a Lease Agreement with the United States of America for the Transportation Security Administration covering the use of approximately 4,529 square feet of office space at Hartsfield-Jackson Atlanta International Airport; and for other purposes.

08R0173(14)           A Resolution by Transportation Committee authorizing the Mayor to execute an Amendment No. 16 to the Central Passenger Terminal Complex Lease Agreement with Delta Air Lines, Inc. covering the permanent surrender to the City of Atlanta of various exclusive leased premises which are located on Concourses “T” and “A” at Hartsfield-Jackson Atlanta International Airport; and for other purposes.

08R0174(15)           A Substitute Resolution by Transportation Committee authorizing the Mayor to execute a Reimbursement Agreement with the Atlanta Airlines Terminal Corporation for the Concourse “E” Cosmetic Upgrades, for a cost to the City not to exceed $15,000,000.00 to be charged to and paid from Code Combination Identification Number 5502 (Airport Renewal and Extension Fund) 180201 (DOA Aviation Capital Planning and Development) 5414002 (Facilities other than Bldgs/Infrastructure - CIP) 7563000 (Airport) 101352 (Terminal Improvements) 81246 (DOA CP AMT GARBS 93DA) 0000 00000000 00000000 (Default); and for other purposes.

CONSENT AGENDA SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR

08R0176(16)           A Substitute Resolution by Finance/Executive Committee authorizing the Chief Procurement Officer to Utilize the State of Georgia Contract Number GS-35F-0143R with CDW-G, for the purchase of a Server Virtualization Turnkey Solution on behalf of the Department of Aviation in an amount not to exceed $743,421.63.  All contracted work shall be charged to and paid from Fund, Account and Department 5502 (Airport Renewal and Extension Fund) 5420999 (Equipment) 180107 (DOA Aviation Information Systems); and for other purposes.

08R0178(17)           A Substitute Resolution by Finance/Executive Committee authorizing the Chief Procurement Officer to Utilize the State of Georgia Contract Number GTA 141 with Anixter, Inc., for the purchase of a Liebert Upstation GXT 2 U GXT2-2700R5208 Uninterrupted Power Supply (UPS) on behalf of the Department of Aviation in an amount not to exceed $26,034.60.  All contracted work will be charged to and paid from Fund, Account and Department 5502 (Airport Renewal and Extension Fund) 5420999 (Equipment) 180107 (DOA Aviation Information Systems); and for other purposes.

08R0179(18)           A Substitute Resolution by Finance/Executive Committee authorizing the Chief Procurement Officer to Utilize the State of Georgia Contract 980-010-510015 with Motorola, Inc. for the purchase of Radio Communication Equipment on behalf of the Department of Aviation in an amount not to exceed $95,510.02; all contracted work will be charged to and paid from Fund, Account and Department 5502 (Airport Renewal and Extension Fund) 5311002 (Supplies, Non-Consumable) 180313 (Aviation Security).

08R0180(19)           A Substitute Resolution by Finance/Executive Committee authorizing the Mayor, on behalf of the Office of Enterprise Assets Management, to enter into Amendment Agreement No. 3 with Dothan Security Incorporated, for FC-6005007888B, Citywide Security Guard Services, to appropriate additional funding on behalf of the Department of Watershed Management, in an amount not to exceed $1,500,000.00.  All contracted work shall be charged to and paid from Fund, Account and Center Number: 2J01 (Water & Wastewater Revenue Fund) 523001 (Service, Repair & Maintenance) Q56001 (Watershed Security); 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-0111 ( 1)            Claim of Sam Kamber, for damages alleged to have been sustained as a result of driving over a pothole on September 25, 2007 at 1970 Hills Avenue.              $529.64

08-R-0112 ( 2)            Claim of Lakia Collier, for damages alleged to have been sustained as a result of driving over a pothole on August 19, 2007 at 1970 Hills Avenue.                    $610.97

08-R-0113 ( 3)            Claim of Darren Green & Sandra Font-Green, for damages alleged to have been sustained as a result of debris from a City vehicle falling on the roadway on October 13, 2007 on 285 Westbound at the county line.                                                                      $715.87

08-R-0114 ( 4)            Claim of Yakima Hudson, for damages alleged to have been sustained as a result of driving over a pothole on September 11, 2007 at 1970 Hills Avenue.              $824.64

08-R-0115 ( 5)            Claim of Erin Page, Henry E. Page and Lynn Page, for vehicular damages alleged to have been sustained from an automobile accident on August 3, 2007 at Spring Street, NE and 14th Street, NE.                                                                                                $849.45

08-R-0116 ( 6)            Claim of Ruby J. Newsome, for property damages alleged to have been sustained when a fence and landscaping were destroyed on October 1, 2007 at 648 Erin Avenue.         $1,023.00

08-R-0117 ( 7)            Claim of Oluamayokun O. Okunola, for damages alleged to have been sustained as a result of driving over an unsecured metal plate on November 27, 2007 at the intersection of 16th Street and State Street.                                                                             $1,203.73

08-R-0119 ( 8)            Claim of Marty Martin, for damages alleged to have been sustained when a vehicle drove over a construction site on October 25, 2007 at 1809 Perry Boulevard, NW.  $1,362.10


CONSENT AGENDA SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

PUBLIC SAFETY AND LEGAL

ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

Claims with favorable recommendations:

08-R-0120 ( 9)            Claim of R. Dal Burton, for damages alleged to have been sustained as a result of an automobile accident on July 25, 2007 at 2258 Howell Mill Road.                $1,450.00

08-R-0121 (10)           Claim of Kenya Anderson, through her attorney, C. Victor Long, for damages alleged to have been sustained as a result of a trip and fall incident on a broken parking meter pole on April 13, 2007 at 142 Mitchell Street.                                                     $3,500.00

08-R-0122 (11)           Claim of Scott Steinberg, for damages alleged to have been sustained as a result of driving over an unsecured construction cut on October 26, 2007 at 3715 Peachtree-Dunwoody Road. $3,912.79

08-R-0123 (12)           Claim of Shirley Cleaves, for bodily injuries alleged to have been sustained from a trip and fall incident on an uneven section of sidewalk on October 2, 2006 at 2689 Knox Street, NE.                                                                                                $4,500.00

08-R-0124 (13)           Claim of Robert Kent, through his attorney, Michael C. Cherof, for damages alleged to have been sustained as a result of an automobile accident on August 4, 2007 at Williams Street and Forsyth Street.                                                                          $6,340.00

08-R-0125 (14)           Claim of Willie Buchanan, through his attorney, Robert B. Lipman, Lipman & Drew, for bodily injuries alleged to have been sustained from an automobile accident on July 20, 2007 at Donald Lee Hollowell Parkway, NW and Marietta Boulevard, NW.     $27,500.00

Claims with unfavorable recommendations:

08-R-0126 (15)           Claim of Angel David, through her attorney, Joseph C. Chancey, Esq., Drew, Eckl & Farnham, LLP, for property damages alleged to have been sustained due to storm sewer overflow on May 16, 2003 at 877 Monroe Circle, 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-0127 (16)           Claim of C. Dan Wyatt, III, through his attorney, Joseph C. Chancey, Esq., Drew, Eckl & Farnham, LLP, for property damages alleged to have been sustained due to storm sewer overflow on May 16, 2003 at 881 Monroe Circle, NE.

08-R-0128 (17)           Claim of Lisa and Matthew Humphreys, for damages alleged to have been sustained as a result of damages to their driveway apron on October 26, 2007 at 2115 Howell Mill Road.

08-R-0129 (18)           Claim of Celestial Spa, for damages alleged to have been sustained when business revenues were lost due to a sewer improvement project from August 20, 2007 to present at 2930 Cascade Road, SW.

08-R-0130 (19)           Claim of Edith Collier, through her attorney, Anton L. Rowe, for damages alleged to have been sustained as a result of an open water meter on May 14, 2007 at 953 Ashby Grove.

08-R-0131 (20)           Claim of National Subrogation Services, LLC, as subrogee of Lynne Kelly, for property damages alleged to have been sustained from a sewer backup on August 2, 2007 at 3276 Glen Arden Drive.

08-R-0132 (21)           Claim of Sean Scott, for damages alleged to have been sustained as a result of injuries sustained during his arrest and his incarceration on December 31, 2006 at 254 Peachtree Street, SW.

08-R-0133 (22)           Claim of Victoria Marie Johnson, for damages alleged to have been sustained as a result of striking a construction cut on November 12, 2007 at 1163 14th Street.

08-R-0134 (23)           Claim of Justin Marks, for damages alleged to have been sustained as a result of driving over an unsecured construction cut on August 14, 2007 at 3325 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-0135 (24)           Claim of Denise Williams, individually and as Administrator of the Estate of Clarence Jackson and Bruce Jackson, through their attorney, Sam L. Starks, for damages alleged to have been sustained during a sewer separation project in 2007 a 1044 Palmetto Avenue, SW.

08-R-0136 (25)           Claim of Janice Smith, for damages alleged to have been sustained as a result of a trip and fall on April 4, 2007 at Zoo Atlanta, Boulevard Avenue entrance.

08-R-0137 (26)           Claim of Patricia Sinagra, for damages alleged to have been sustained as a result of an automobile accident on July 31, 2007 at the intersection of Whiteford Road and Hardee Street.

08-R-0138 (27)           Claim of Jennifer Vandemark, through her attorney, Christopher Simon, for damages alleged to have been sustained as a result of a slip and fall on October 10, 2007 at the Hartsfield-Jackson Atlanta International Airport.

08-R-0139 (28)           Claim of Angela D. Butler, through her attorney, Sam L. Starks, Esq., for property damages allegedly sustained from flooding due to storm sewer and creek overflow on July 10, 2005 at 249 Chicamauga Avenue, SW.

08-R-0140 (29)           Claim of Patricia Knowlton, for damages alleged to have been sustained as a result of driving over an unsecured metal plate on June 20, 2007 at 11th and Juniper Streets.

08-R-0141 (30)           Claim of James Harris, for damages alleged to have been sustained during a sewer separation project on December 1, 2007 at Joseph E. Lowery Boulevard and Martin Luther King, Jr. Drive .

08-R-0142 (31)           Claim of Jay L. Rosenheck, for damages alleged to have been sustained during the removal of an illegal connection to a water meter on June 7, 2007 at 7755 North Spalding Lake Drive.

CONSENT AGENDA SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

PUBLIC SAFETY AND LEGAL

ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

Claims with unfavorable recommendations:

08-R-0143 (32)           Claim of Helena Carter, through her attorney, Marcia M. Fuller, Esq., The Fuller Law Group, LLC, for property damage allegedly sustained when a residence was flooded on a continuous basis at 2953 Dogwood Drive, East Point, Georgia.

08-R-0144 (33)           Claim of Kathleen Verner, through her attorney, Dennis McPherson, for damages alleged to have been sustained as a result of personal injuries on September 17, 2007 at the Hartsfield-Jackson Atlanta International Airport.

08-R-0145 (34)           Claim of Calvin Ross and Pamela Ross, through their attorney, Patrick R. Matarrese, Esq., Montlick & Associates, P. C., for bodily injuries alleged to have been sustained from an automobile incident on June 20, 2007 at Hartsfield-Jackson Atlanta International Airport.

08-R-0146 (35)           Claim of Barry Long, for damages alleged to have been sustained as a result of a sewage backup on March 24, 2007 at 373 Lakemoore Drive, NE.

08-R-0147 (36)           Claim of William F. Applegarth, for damages alleged to have been sustained as a result of a storm water overflow on September 16, 2004 at 3085 West Andrews Drive, NW.

08-R-0148 (37)           Claim of William F. Applegarth, for damages alleged to have been sustained as a result of a storm water overflow on July 9, 2005 at 3085 West Andrews Drive, NW.

08-R-0149 (38)           Claim of William F. Applegarth, for damages alleged to have been sustained as a result of a storm water overflow on July 9, 2005 at 3085 West Andrews Drive, NW.

08-R-0150 (39)           Claim of Patrick Carroll, through his attorney, Joseph C. Chancey, Esq., Drew, Eckl & Farnham, LLP, for property damages alleged to have been sustained due to storm sewer overflow on May 16, 2003 at 885 Monroe Circle, 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-0151 (40)           Claim of Patricia Hobbs and Ted Duncan, through their attorney, Joseph C. Chancey, Esq., Drew, Eckl & Farnham, LLP, for property damages alleged to have been sustained due to storm sewer overflow on May 16, 2003 at 889 Monroe Circle, NE.

08-R-0152 (41)           Claim of Jeff & Abigail Lignugaris, through their attorney, Joseph C. Chancey, Esq., Drew, Eckl & Farnham, LLP, for property damages alleged to have been sustained due to storm sewer overflow on May 16, 2003 at 869 Monroe Circle, NE.

08-R-0153 (42)           Claim of Terry L. and Stacy Dietzler, through their attorney, Joseph C. Chancey, Esq., Drew, Eckl & Farnham, LLP, for property damages alleged to have been sustained due to storm sewer overflow on May 16, 2003 at 873 Monroe Circle, NE.

08-R-0154 (43)           Claim of James Mitchell, III, for vehicular damages alleged to have been sustained from driving over a cracked and deteriorated sidewalk apron on July 27, 2007 at 421 Memorial Drive.

08-R-0155 (44)           Claim of Charles and Amie Mann, through their attorney, Joseph C. Chancey, Esq., Drew, Eckl & Farnham, LLP, for property damages alleged to have been sustained due to storm sewer overflow on May 16, 2003 at 865 Monroe Circle, NE.

08-R-0156 (45)           Claim of Debra Weeks, through her attorney, Lloyd Hoffspiegel, Esq., Hoffspiegel & Associates, for bodily injuries alleged to have been sustained after stepping into a sewer clean-out meter box that was left open and in an unsafe condition on August 2, 2007 in the 200 block of Berean Street, NE.

08-R-0157 (46)           Claim of Michelle Gagne, for damages alleged to have been sustained as a result of striking a construction cut on August 25, 2007 at 905 Juniper Street.

CONSENT AGENDA SECTION II

ORDINANCES FOR FIRST READING

COMMUNITY DEVELOPMENT/

HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR

08O0168( 1)            An Ordinance by Community Development/Human Resources Committee to create the “Reserve at Brownsmill Housing Enterprise Zone”, located in the City of Atlanta, identified by Parcel Numbers 14-0030-LL-0220, 14-0029-LL-053 and 14-0029-LL-054; to provide notification to the Tax Commissioner, School Superintendent and the Department of Community Affairs; and for other purposes.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

08O0169( 2)            An Ordinance by Community Development/Human Resources Committee to create the “Campbellton Road Senior Housing Enterprise Zone, located in the City of Atlanta, identified by Parcel Numbers 14F-0032-0006-038-1 and 14F-0032-0006-041-5; to provide notification to the Tax Commissioner, School Superintendent and the Department of Community Affairs; and for other purposes.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

08O0214( 3)            An Ordinance by Community Development/Human

***                              Resources Committee to authorize the Mayor to direct the Department of Planning and Community Development (Bureau of Code Compliance) to take appropriate actions to clean the premises and close various structures at 2020–2060 Alison Court, SW, Atlanta, GA 30311; and for other purposes.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE


CONSENT AGENDA SECTION II (CONT’D)

ORDINANCES FOR FIRST READING (CONT’D)

TRANSPORTATION COMMITTEE - CLAIR MULLER, CHAIR

08O0175( 4)            An Ordinance by Transportation Committee authorizing the Mayor or other appropriate City representatives to execute an appropriate Agreement with Delta Air Lines, Inc., (“Delta”) for the City’s reimbursement to Delta of costs in the amount of $557,210.00, for the Replacement of Floor Tile in the Delta South Terminal Ticketing/Check-in Area, to be charged to and paid from Fund, Account and Center Number 2H21 (Airport Renewal And Extension Fund) 574001 (Fac. other than Buildings) R21E012493DA (Terminal Improv CP [Non AMT]); and for other purposes.

TO BE REFERRED TO TRANSPORTATION COMMITTEE

FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR

08O0181( 5)            An Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer to amend the 2008 General Obligation Budget, in an amount not to exceed $60,000.00 by transferring funds from 3124 (2002 Bond Fund Project) 5999901 (Reserve for Appropriations) 200101 (Reserve of Fund Appropriations) to 3124 (2002 Bond Fund Project) 5730013 (Arbitrage Rebate) 200301 (Unallocated Fund Wide Expenses), to pay 2007 Arbitrage Rebate due on 3124 (2002 Bond Fund Project); and for other purposes.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE

08O0182( 6)            An Ordinance  by Finance/Executive Committee Anticipating and Appropriating Bond Proceeds in the amount of $36,820,000.00 for the Quality of Life Improvement Bonds, Series 2008A; amending the 2004 (Sinking Fund) Budget for the purpose of Anticipating the accrued interest and the Appropriation of these funds toward payment of interest on the Bonds; and for other purposes.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE


CONSENT AGENDA SECTION II (CONT’D)

ORDINANCES FOR FIRST READING (CONT’D)

FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR

08O0216( 7)            An Ordinance by Finance/Executive Committee to use

***                              available Passenger Facility Charge Revenues, and Unexpended Construction Proceeds to exercise optional redemption for the Series 2004I, Series 2004K-3 and Series 2004K-4 Bonds; and for other purposes.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE


CITY UTILITIES COMMITTEE                                        CARLA SMITH, CHAIR

RESOLUTION

08R0158( 1)            A Resolution by City Utilities Committee authorizing the Mayor to enter into an agreement with Rockdale Pipeline Inc./Integral Municipal Services, Inc., JV for FC-3007000044, Annual Contract for Pipe Laying, on behalf of the Department of Watershed Management, in an amount not to exceed $40,373,142.84; all contracted to work will be charged to and paid from Fund, Account and Center Number: 2J27 (2001 Water & Wastewater Bond Fund) 574001 (Facilities other than Buildings) Q65J08039999 (Water Mains, Various Locations); and for other purposes.

FAVORABLE ON CONDITION (1 ABSTENTION)

PAPERS HELD IN COMMITTEE

06R0563( 1)            A Resolution by Councilmember Joyce M. Sheperd authorizing the Mayor to enter into an Agreement with Brock Built, LLC providing for the non-standard location of water meters on private property to which the city provides water services; and for other purposes. (Referred back by Council 3/6/06) (Held 3/14/06 at the request of the Department of Watershed Management so that developer can address the private property concerns)

06O0937( 2)            An Ordinance by Councilmember Clair Muller to amend Article VII of Chapter 74 entitled “Riparian Buffer Requirements”; to officially change the administrating Department to Watershed Management, to streamline the review process and clarify the Public Notice Requirements; and for other purposes. (Held 4/25/06 for further review by the Department of Watershed Management)

06O1573( 3)            An Ordinance by Councilmember Kwanza Hall authorizing the Mayor or her designee to enter into an Agreement between Hilton Atlanta and the Atlanta Marriott Marquis and the City of Atlanta for the erection of a bridge in accordance with Section 138-25(b) of the City of Atlanta’s Code of Ordinances; and for other purposes.  (Held 7/11/06 for further discussions)


CITY UTILITIES COMMITTEE (2)                                               CARLA SMITH, CHAIR

PAPERS HELD IN COMMITTEE (CONT’D)

06O1947( 4)            An Ordinance by City Utilities Committee to amend Sections 138-25 and 1