COMMITTEE AGENDAS
11-09-2009

 

Finance/Executive | Community Development/Human Resources
City Utilities | Transportation |  Zoning | Public Safety

CITY UTILITIES COMMITTEE AGENDA

CITY UTILITIES COMMITTEE

AGENDA

NOVEMBER 10, 2009

A.        ADOPTION OF AGENDA

B.         APPROVAL OF MINUTES

C.        COMMENTS FROM THE PUBLIC

D.        PUBLIC HEARINGS - ORDINANCES FOR SECOND READING

09O1826 ( 1)            An Ordinance by City Utilities Committee authorizing the Mayor or her designee to abandon a portion of Florence Street, NE located between East Avenue, NE and the Dead-End of Florence Street consisting of approximately 0.128 acre and being more specifically described in the attached Exhibit “A,” lying and being in Land Lot 19 of the 14^th District, Fulton County, Georgia; and for other purposes.  (Advertised for a Public Hearing 11/10/09 at 9:00 a.m.)

09O1883 ( 2)            An Ordinance by Councilmember Clair Muller as substituted by City Utilities Committee to change the name of Pool Road, NW to Elliott Galloway Way; and for other purposes.  (Advertised for a Public Hearing 11/10/09 at 9:00 a.m.)

09O1885 ( 3)            An Ordinance by Councilmember Ivory L. Young, Jr. to rename Delbridge Street, NW from Sunset Avenue, NW to Walnut Street, NW to Dorothy Bolden Way; and for other purposes.  (Advertised for a Public Hearing 11/10/09 at 9:00 a.m.)

E.         ORDINANCES FOR SECOND READING

09O1893 ( 1)            An Ordinance by City Utilities Committee authorizing the Mayor to enter into Amendment Agreement No. 1 with Clayton County Water Authority for the Water Pollution Control Service Agreement for the South River Water Pollution Control Plant Facilities and Transmission System  to extend the terms for a period of four (4) months for the purposes of transferring sewage flows from the City of Atlanta Sewer System to the Clayton County Water Authority; to amend the FY 2009 Budget by transferring to and from appropriations the amount $1,918,508.00; to authorize and direct the Chief Financial Officer to pay the Clayton County Water Authority for reimbursement of undepreciated capital costs incurred by the Clayton County Water Authority in an amount not to exceed $1,918,508.00; all to be charged to and paid from Fund Department, Organization and Account Number                                    ; and for other purposes.

09O1907 ( 2)            An Ordinance by Councilmembers Carla Smith and Kwanza Hall to authorize the Department of Watershed Management to recognize a Storm Water Master Plan for Atlanta-Fulton County Zoo, Inc. to manage the flow of storm water within the Zoo Leasehold; and to authorize all projects to be reviewed under existing storm water regulations until completion of the entire Master Plan; and for other purposes.

F.         RESOLUTIONS

09R1909 ( 1)            A Resolution by Councilmember Kwanza Hall authorizing the Mayor or her designee to allow the attachment of a plaque at the base of the “No Goal Is Too High If We Climb With Care And Confidence” sculpture archway located on Poplar Street in the Fairlie-Poplar District; and for other purposes.

09R1925 ( 2)            A Resolution by Councilmember Ceasar C. Mitchell authorizing the Mayor to execute Amendment Agreement No 1 with Tople Construction, Inc., for FC-4943E, Annual Contract to Construct Sidewalks, Driveways, Curbs and Gutters, on behalf of the Department of Public Works, in an amount not to exceed $264,507.43; all contracted work to be charged to and paid from Various Fund, Department Organization and Account Numbers; and for other purposes.

09R1926 ( 3)            A Resolution by Councilmember Ceasar C. Mitchell authorizing the Mayor to execute Amendment Agreement No. 1 with SD& C, Inc., for FC-4943D, Annual Contract to Construct Sidewalks, Driveways, Curbs and Gutters, on behalf of the Department of Public Works, in an amount not to exceed $312,590.00; all contracted work to be charged to and paid from Various Fund, Department Organization and Account Numbers; and for other purposes.

09R1927 ( 4)            A Resolution by Councilmember Ceasar C. Mitchell authorizing the Mayor to execute Amendment Agreement No. 2 with Precision 2000, Inc., for FC-4943C, Annual Contract to Construct Sidewalks, Driveways, Curbs and Gutters, on behalf of the Department of Public Works, in an amount not to exceed $245,792.50; all contracted work to be charged to and paid from Various Fund, Department Organization and Account Numbers; and for other purposes.

09R1928 ( 5)            A Resolution by Councilmember Ceasar C. Mitchell authorizing the Mayor to execute Amendment Agreement No. 1 with Kemi Construction, Inc., for FC-4943B, Annual Contract to Construct Sidewalks, Driveways, Curbs and Gutters, on behalf of the Department of Public Works, in an amount not to exceed $223,621.23; all contracted work to Be charged to and paid from Various Fund, Department Organization and Account Numbers; and for other purposes.

09R1929 ( 6)            A Resolution by Councilmember Ceasar C. Mitchell authorizing the Mayor to execute Amendment Agreement No. 1 with CP Richards Construction, Inc., for FC-4943A, Annual Contract to Construct Sidewalks, Driveways, Curbs and Gutters, on behalf of the Department of Public Works, in an amount not to exceed $286,503.00; all contracted work to be charged to and paid from Various Fund, Department Organization and Account Numbers; and for other purposes.

09R1942 ( 7)            A Resolution by City Utilities Committee authorizing the Mayor to enter into an agreement with the Department of Interior for a Water Quality and Water Quantity Long Term Monitoring Network to Maintain and Operate Water Monitoring Equipment, on behalf of the Department of Watershed Management, in an amount not to exceed $958,422.00; all contracted work shall be charged to and paid from the listed Fund Department, Organization and Account Number listed; and for other purposes.

09R1943 ( 8)            A Resolution by City Utilities Committee authorizing the Mayor to enter into an appropriate agreement with Excel Electrical/Morgan Constructors JV, for FC-4945, Hemphill WTP Electrical Switchgear Replacement, on behalf of the Department of Watershed Management in amount not to exceed $4,351,000.00; all services contracted for the said work shall be charged to and paid from the listed Fund Department, Organization and Account Number; and for other purposes.

09R1944 ( 9)            A Resolution by City Utilities Committee authorizing the Mayor to enter in Renewal Agreement No. 1 with DPS Infrastructure Monitoring Systems, Inc., for FC-3007000053, Annual Contract for Telemetry System Replacement and Upgrades Project, on behalf of the Department of Watershed Management, in an amount not to exceed $500,000.00; all contracted work shall be charged to and paid from Fund Department, Organization and Account Number listed; and for other purposes.

09R1945 (10)           A Resolution by City Utilities Committee authorizing the Mayor to enter into Amendment Agreement No. 2 for FC-3007000044, Annual Contract for Pipe Laying with Rockdale Pipeline, Inc./Integral Municipal Services, Inc., JV, to add FY 2010, funding in an amount not to exceed $13,454,190.62; all contracted work shall be charged to and paid from the listed Fund Department, Organization and Account Number; and PATEO; and for other purposes.

09R1946 (11)           A Resolution by City Utilities Committee authorizing the Mayor to enter into Amendment Agreement No. 11 for FC-6004007863, Customer Information and Billing System and Off-Site Billing Services, with Systems and Software, Inc. (“S&S”) to add 24X7 Nortel Network IVR Service and Support, on behalf of the Department of Watershed Management in an amount not to $27,097.66; all contracted work shall be charged to and paid from 5051 (Water and Wastewater Renewal Fund) 170113 (Information Systems) 5213001 (Consulting/Professional Services) 1535000 (Data Processing/Management Information/Additional Licenses); and for other purposes.

G.        ORDINANCE FOR FIRST READING

09O1941 ( 1)            An Ordinance by City Utilities Committee to amend the 2010 (Water and Wastewater Renewal and Extension Fund) (5052) Budget, in the amount of $10,000,000.00 by anticipating and appropriating insurance proceeds and future proceeds from Federal Emergency Management Agency (FEMA) and/or Georgia Emergency Management Agency (GEMA) to partially finance repairs to the RM Clayton Water Treatment Plant due to 2009 flood related damage; and for other purposes.

H.        PAPERS HELD IN COMMITTEE

06O0937 ( 1)            An Ordinance by Councilmember Clair Muller as substituted by City Utilities Committee 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.  (Referred by back Council 10/20/08) (Held 10/28/08 at the request of the author)

07O1521 ( 2)            An Ordinance by Councilmember Natalyn M. Archibong to amend Chapter 138 of the Code of Ordinances of the City of Atlanta so as to create a new Article VIII to be entitled “Outdoor Dining Areas”; to amend Article II of Chapter 138 so as to create a new Division 8 to be entitled “Outdoor Dining Areas”; to establish procedures for the authorization of restaurants that wish to provide Outdoor Dining Services; and for other purposes.  (Held 7/31/07)  (Work sessions held 9/13/07 & 10/12/07)

07O2505 ( 3)            An Ordinance by Councilmembers Howard Shook, H. Lamar Willis, Mary Norwood, Joyce Sheperd, Anne Fauver, Natalyn M. Archibong, Clair Muller, Caesar C. Mitchell and Ivory L. Young, Jr. as amended by City Utilities Committee amending Section 130-84 (Rates and Charges) of the Code of Ordinances of the City of Atlanta for the purpose of eliminating the Solid Waste Frontage Fee; and for other purposes.  (Amended and held 11/27/07 for further review.)

07O2604 ( 4)            An Ordinance by Councilmember Clair Muller to amend Part 15, Section 15-09.004 of the City’s Land Subdivision Ordinance in the City of Atlanta’s Code of Ordinances for the purpose of defining sanitary sewer connection requirements for Land Subdivisions; and for other purposes.  (Held 12/11/07 for further review.)

07O2605 ( 5)            An Ordinance by Councilmember Clair Muller to amend Chapter 154, Utilities, Article IV, Sewer Construction and Assessments, Division 1 of the City Code of Ordinances for the purpose of defining Sanitary Sewer Connection Requirement; and for other purposes.  (Held 12/11/07 for further review.)

08O0481 ( 6)            An Ordinance by City Utilities Committee amending the 2008 (1994, 1997 G. O. Public Improvement Bond Fund) Budget by transferring from and to appropriations in the amount of $2,023,948.81, to fund the Assets Management and Improvement Program; and for other purposes.  (Held 4/1/08 for further review.)

08O1000 ( 7)            An Ordinance by Committee on Council to amend Chapter 154, Article II (Entitled “Water and Sewer Billing and Collection Procedures”), Section 154-26 of the Code of Ordinances of the City of Atlanta, so as to revise Subsection 154-26(d) which contains maximum yearly term requirements of the Water and Sewer Appeals Board at variance with provisions set out at Section 2-1854 of the Code of Ordinances that establishes terms of Office for Boards and Commissions; to waive conflicting ordinances; and for other purposes.  (Held 5/13/08 for further review.)

08O1213 ( 8)            An Ordinance by Councilmembers Clair Muller and Ceasar C. Mitchell to amend Chapter 130, Solid Waste Management Division 1, Section 130-37(b)(6) by deleting subsection (d).  (Held 6/10/08 at the request of the author for further review by the Department of Public Works.)

08O1215 ( 9)            An Ordinance by Councilmembers Clair Muller and Ceasar C. Mitchell requiring the initiation of a Pay-As-You-Throw or Volume-Based Billing Collection Program for Solid Waste Services in the City of Atlanta.  (Held 6/10/08 at the request of the author for further review by the Department of Public Works.)

08O1217 (10)           An Ordinance by Councilmember Clair Muller eliminating “Front Footage” billing on Solid Waste Services Bill and adding to the bill an amount for “Common Good Services” citywide for right-of-way cleaning where needed.  (Held 6/10/08 at the request of the author for further review by the Department of Public Works.)

08R1445 (11)           A Resolution by Councilmember Carla Smith authorizing payment of stipulated penalties imposed by the Environmental Protection Agency (EPA) and the Environmental Protection Division of the Department of Natural Resources of the State of Georgia (EPD) in the amount of $                              as stipulated penalties for the violation of CSO Fecal Coliform Operational Standards                               pursuant to the CSO Consent Decree, Civil Action File No. 1:95-CV-2550-TWT; to identify the source of funding; and for other purposes.  (Held 7/15/08) (Dummy paper)

08O1689 (12)           An Ordinance by Councilmember Carla Smith authorizing a new appraisal for the purchase by the City of a twelve foot (12’) strip of land along the rear property line of 1144 and 1200 Avondale Avenue, lying and being in Land Lot 23 of the 14th District, Fulton County, Georgia; and for other purposes.  (Held 8/26/08 for further review)

08O2139 (13)           An Ordinance by Councilmembers Mary Norwood and Carla Smith to amend the City of Atlanta Code of Ordinances, Part 154, Division IV, Section 154-297, to recoup the cost to the City of Enforcement of the Grease Management Ordinance; to clarify the permit process; and for other purposes.  (Held 10/28/08 at the request of the author)

08R2162 (14)           A Resolution by City Utilities Committee authorizing the Mayor on behalf of the City of Atlanta, to enter into a Memorandum of Understanding, with the Georgia Department of Transportation, for Project Management, Preliminary Engineering Design Activities and Construction and the acquisition of rights-of-way of certain improvements, for Transportation Enhancement Project No. CSTEE-0009-00(023), East Atlanta Sidewalks, Fulton County; and for other purposes.  (Held 11/10/08 at the request of the Department of Public Works.)

09O0214 (15)           An Ordinance by City Utilities Committee rescinding 97-O-1090 which abandoned Gaither Circle, NE between Cheshire Bridge Road, NE and Wellbourne Drive, NE, all lying and being in Land Lot 50 of the 17th District, Fulton County, Georgia; and for other purposes.  (Held 2/24/08 for a Public Hearing)

09O0660 (16)           An Ordinance by City Utilities Committee authorizing the Chief Financial Officer to amend the FY 2009 Budget (2001 Water and Wastewater Fund 2J27/5057)), in the amount of $12,287,398.00; to transfer funds from Completed, Realigned, Postponed or Discontinued Projects to the Capital Projects Reserve for Appropriations; and for other purposes.  (Held 5/12/09 for further review.)

09O0663 (17)           An Ordinance by City Utilities Committee authorizing the Chief Financial Officer to amend the FY 2009 (2004 Water and Wastewater – (2J28/5058)) Budget, in the amount of $39,685,993.15; to transfer funds from Completed, Realigned, Postponed or Discontinued Projects to the Capital Projects Reserve for Appropriations; and for other purposes.  (Held 5/12/09 for further review.)

09O1374 (18)           An Ordinance by Councilmember Ivory L. Young, Jr. to rename Kennedy Street, NW from Gray Street to Oliver Street to Alexander Street; to waive Section 138-8(c) of the Code Ordinances of the City of Atlanta; and for other purposes.  (To be advertised for a Public Hearing.) (Held 7/28/09 for a public hearing.)

09R1405 (19)           A Resolution by Councilmember Jim Maddox as amended by City Utilities Committee authorizing the creation of a Task Force to review the issue of smoke free workplaces, bars, hotels, restaurants and other public places in the City of Atlanta; and for other purposes.  (Amended and held 9/1/09 for further review)

09O1644 (20)           An Ordinance by Councilmember Natalyn Mosby Archibong authorizing the Mayor or her designee to rename that portion of Boulevard Drive, SE located between Moreland Avenue, SE and Wylie Street, SE to Hosea L. Williams Drive, SE; and for other purposes.  (Held 9/15/09 for a Public Hearing) (To be advertised for Public Hearing)

09R1667 (21)           A Resolution by City Utilities Committee authorizing the Mayor to enter into an appropriate contractual agreement with,                                           , for FC-4995 R. M. Clayton Cogeneration Project on behalf of the Department of Watershed Management, in an amount not to exceed                   that all contracted work shall be charged to and paid from                that all contracted work shall be charged to and paid from                                            ; and for other purposes. (Held 9/29/09 for further review.)

 

09R1718 (22)           A Resolution by Councilmember Kwanza Hall authorizing the Mayor or her designee to permanently close Auburn Avenue, NE between Jackson Street and Boulevard, NE; and for other purposes. (Held 9/29/09 for further review.)

09O1719 (23)           An Ordinance by Councilmember Ivory L. Young, Jr. to abandon the portion of James P. Brawley Drive between Beckwith Street and Martin Luther King, Jr. Drive as marked on Exhibit “A: and more completely described in Exhibit “B”; to abandon the portion of Mitchell Street between James P. Brawley Drive and Raymond Street as marked on Exhibit “A” and more completely described in Exhibit “C”; to abandon Raymond Street between Martin Luther King, Jr. Drive and Beckwith Street as marked on Exhibit “A” and more completely described in Exhibit “D”; and for other purposes. (To be advertised for a Public Hearing) (Held 9/29/09 for a Public Hearing.)

09O1721 (24)           An Ordinance by City Utilities Committee correcting Ordinance Number 09-O-1114 adopted by the City Council on July 20, 2009 and approved by the Mayor on July 28, 2009 by deleting the incorrect budget year reference of FY 2009 and inserting in lieu thereof the correct budget year reference FY 2010; and further amends the dollar amount listed from $5,200,000.00 to $8,300,000.00; and for other purposes.  (Held 9/29/09 for further review.)

I.          REQUESTED ITEMS

1.         Councilmember Muller requested the Department of Watershed Management present to the committee a discussion on storm water at some date in the future.

2.         Councilmember Shook requested the Department of Watershed Management provide the administrative cost to terminate a customer’s water service.

3.         Councilmember Muller requested the Law Department to look at the Auditor’s Recommendations and provide legislation to implement them.

City Utilities Committee Agenda

November 10, 2009

Page Eleven

PAPERS HELD IN COMMITTEE (CONT’D)

4.         Councilmember Mitchell requested the Department of Public Works to give an update on the traffic signalization.

 

ZONING COMMITTEE AGENDA

ZONING COMMITTEE

AGENDA

MONDAY, NOVEMBER 9, 2009

9:30 a.m.

A.                                ADOPTION OF AGENDA

APPROVAL OF MINUTES

CONSENT AGENDA

ORDINANCES FOR FIRST READING

09O2021 ( 1)            An Ordinance by Zoning Committee to rezone property from the RG-2

Z-09-37                       (Residential General-Sector 2) District, to the R-LC (Residential-Limited Commercial) District, for property located at 4591 Wieuca Road, NE, fronting approximately 70 feet on the northeasterly side of Wieuca Road, beginning 506 feet easterly and southeasterly from the southeast corner of a 15 foot alley.

                                    Depth:                          Varies

                                    Area:                            0.40 Acre

                                    Land Lot:                     95, 17^th District, Fulton County, Georgia

                                    Owner:                         Tom Hicks

                                    Applicant:                     Tom Hicks

                                    NPU-B                                                            Council District 7

09O2022 ( 2)            An Ordinance by Zoning Committee to rezone property from the C-1-C

Z-09-38                       (Community Business-Conditional) District, to the C-1-C (Community Business-Conditional) District, for the purpose of a change of conditions, property located at 2815-2839 Peachtree Road, NE. The property fronts 275 feet on the southeasterly side o Peachtree Road beginning 99.92 feet from the northwest corner of Rumson Road.

                                    Depth:                          Varies

                                    Area:                            1.24 Acres

                                    Land Lot:                     100, 17^th District, Fulton County, Georgia

                                    Owner:                         Gardenbrand, LLC

                                    Applicant:                     Gardenbrand, LLC

                                    NPU-B                                                            Council District 7

09O2023 ( 3)            An Ordinance by Zoning Committee to rezone property from the R-4A

Z-09-39                       (Single Family Residential) and the C-1-C (Community Business-Conditional) Districts, to the C-1 (Community Business) District, property located at 178 McDonough Boulevard, SE, fronting approximately 54 feet on the north side of McDonough Boulevard, beginning 122 feet from the northwest corner of Lakewood.

                                    Depth:                          Approximately 199 Feet

                                    Area:                            0.624 Acre

                                    Land Lot:                     56, 14^h District, Fulton County, Georgia

                                    Owner:                         PRITHVI, Inc.

                                    Applicant:                     Robert W. Hoffman

                                    NPU-B                                                            Council District 7

09O2024 ( 4)            An Ordinance by Zoning Committee to amend the 1982 Zoning Ordinance

Z-09-44                       of the City of Atlanta, as amended, so as to create a new Chapter 37 entitled Voluntary Incentive Multi-Family Residential Regulations, concerning the creation of optional and parallel development code requirements for Multi-Family Residential Developments for the purpose of public benefits including the provision of affordable workforce housing; to define certain terms; to provide for related requirements and procedures; and for other purposes.

09O2025 ( 5)            An Ordinance by Zoning Committee granting a Special Use Permit for a

U-09-21                      Church pursuant to Section 16-06.005 (1) (c) for property located at 1280 Benteen Way, SE, fronting approximately 269 feet on the north side of Benteen Way and approximately 410 feet on the east side of Boulevard.  Depth:                          Varies

                                    Area:                            Approximately 2.0 Acres

                                    Land Lot:                     24, 14^th District, Fulton County, Georgia

                                    Owner:                         Abundant Life Center

                                    Applicant:                     James McDougald

                                    NPU-W                                                           Council District 1

09O2026 ( 6)            An Ordinance by Zoning Committee granting a Special Use Permit for a

U-09-22                      Day Care Center pursuant to Section 16-08.005 (1) (b) for property located at 3751 Martin Luther King, Jr Drive, SW, fronting approximately 165 feet on the southeasterly side of Martin Luther King, Jr. Drive at the northeastern intersection of Martin Luther King, Jr. Drive and Bolton Road.

                                    Depth                           Varies

                                    Area:                            Approximately 5.8 Acres

                                    Land Lot:                     15, 14^th District, Fulton County, Georgia

                                    Owner:                         Charitable Connections, Inc.

Applicant:                     Charitable Connections, Inc./Michelle R. Uchiyema

                                    NPU-T                                                            Council District 4

09O2027 ( 7)            An Ordinance by Zoning Committee granting a Special Use Permit for a

U-09-23                      Personal Care Home pursuant to Section 16-06.005 (1) (g) for property located at 1041 Lawton Avenue, SW, fronting approximately 100 feet on the northeasterly side of Lawton Avenue and approximately 447 feet east of the intersection of Lawton Avenue and Peeples Street.

Depth:                                                  Approximately 180 Feet

                                    Area:                            0.41 Acre

                                    Land Lot:                     119, 14^th District, Fulton County, Georgia

                                    Owner:                         Nathan M. Jideama

                                    Applicant:                     Nathan M. Jideama

                                    NPU-S                                                            Council District 4

09O2028 ( 8)            An Ordinance by Zoning Committee granting a Special Use Permit for a

U-09-24                      Day Care Center pursuant to Section 16-06.005 (1) (b) for property located at 779 Atwood Street, SW, fronting approximately 120 feet on the west side of Atwood Street, approximately 67 feet southwest of the intersection of Atwood Street and Donnelly Avenue.

Depth:                                                  Varies

                                    Area:                            Approximately 0.366 Acre

                                    Land Lot:                     139, 14^th District, Fulton County, Georgia

                                    Owner:                         Pan African Orthodox Christian Church

                                    Applicant:                     Terrence Raye

                                    NPU-T                                                            Council District 4

REGULAR AGENDA

COMMUNICATION

09C1899 ( 1)            A Communication by Councilmembers Felicia A. Moore, District 9; C. T. Martin, District 10; Jim Maddox, District 11; Joyce Sheperd, District 12 and H. Lamar Willis, Post 3 At-Large appointing Mr. Roger Nance as a member of the Board of Zoning Adjustment.  This appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

ORDINANCE FOR SECOND READING

09O1889 ( 1)            An Ordinance by Zoning Committee to amend Ordinance U-

U-74-27                      74-27 as adopted by the City Council on December 9, 1974 and approved by the Mayor on December 16, 1974 for the purposes of approving a Transfer of Ownership for a Special Use Permit for a Day Care Center for property located at 1635 Campbellton Road, SW; and for other purposes.

PAPERS HELD IN COMMITTEE

06O0273 ( 1)            An Ordinance by Councilmembers Carla Smith, Ivory Lee Young, Jr. and Cleta Winslow correcting Ordinance Number 04-O-0179/Z-04-24 which amended Section 16-29.001(16) “Human Services” including Personal Care Homes, Rehabilitation Centers and Nursing Homes by clarifying and/or redefining certain terms; and for other purposes.  (Held 2/1/06 for further review)

06O0007 ( 2)            An Ordinance by Councilmember Carla Smith

Z-05-65                       as amended by Zoning Committee to rezone the portion of the property located at 1821 W. Anderson Avenue that is zoned R-4 (Single Family Residential) to the O-I (Office Institutional) Classification, to issue a Special Use Permit for the subject property; and for other purposes.  (Held 6/28/06 at the request of Councilmember of the District)

06O0022 ( 3)            An Ordinance by Councilmember Carla Smith

U-05-22                      to issue a Special Use Permit for a Nursing Home at 1821 W. Anderson Avenue (a.k.a. 31 Anderson Avenue); to waive the 2,000 foot distance requirement for this location; and for other purposes.  (Held 6/28/06 at the request of Councilmember of the District)

06O0955 ( 4)            A Substitute Ordinance by Zoning Committee to rezone from

Z-06-44                       the I-1-C (Light Industrial-Conditional) District to the MR5-A (Multi-Family Residential) District, property located at 1155 Hill Street, SE, fronting approximately 350 feet on the west

side of Hill Street and approximately 272 feet on the north side of Englewood Avenue.  (Held 11/1/06 at the request of District Council Person)

Depth:                          Varies

Area:                                        Approximately 8.719 Acres

Land Lot:                     55, 14^th District, Fulton County, Georgia

Owner:                         Jack and Harvey Taffel

Applicant:                     Chaz E. Waters/Skyline Partners, LLC.

NPU-Y                                                            Council District 1

06O1927 ( 5)            An Ordinance by Councilmembers Howard Shook, H. Lamar Willis, Jim Maddox and Ceasar C. Mitchell as substituted by Zoning Committee to amend the 1982 Zoning Ordinance of the City of Atlanta, As Amended, so as to create a New Chapter to be entitled, 8B, Fulton County Townhouse Residential; to establish design guidelines for said District; to enact, by reference and incorporation, a Map establishing the boundaries of said District for the Cascade Glenn; to amend the City of Atlanta Zoning Maps; to modify the zoning process for annexations; and for other purposes.   (Forwarded with no recommendation by Zoning Committee 9/13/06) (Referred back by Council 12/04/06) (Held 12/13/06 for further review)

06O1445 ( 6)            An Ordinance by Zoning Committee to rezone from the R-G-

Z-06-74                       3 (Residential General-Sector 3) District to the PD-MU (Planned Development-Mixed Use) District, property located at 3700 Martin Luther King, Jr. Drive, SW, fronting approximately 474.25 feet on the south side of Martin Luther King, Jr. Drive beginning approximately 183 feet from the southwest corner of Adamsville Drive.  (Held 5/2/07 at the request of Councilmember of the District)

Depth:                          Varies

Area:                                        Approximately 27 Acres

Land Lot:                     15, 14^th District, Fulton County, Georgia

Owner:                         Atlanta Neighborhood Development Partnership

Applicant:                     Marvin Greer

NPU-H                                                                        Council District 10

06O1888 ( 7)            An Ordinance by Community Development/Human

CDP-06-65                 Resources Committee to amend the Land Use Element of the City of Atlanta’s 2004-2019 Comprehensive Development Plan (CDP) so as to re-designate property located at 3700 Martin Luther King, Jr. Drive, SW, from the “Medium Density Residential” Land Use Designation to the “Mixed-Use” Land Use Designation; and for other purposes.  (Public Hearing held 9/11/06) (Filed by CD/HR Committee 11/27/07) (Held 5/2/07 at the request of Councilmember of the District)

NPU-H                                                                        Council District 1

07O2594 ( 8)            An Ordinance by Councilmember Kwanza Hall requesting that Chapter 28A.010 of the Code Ordinances, the Sign Ordinance, Subsection (12) Special Public Interest District 1 (Central Core) District of the City of Atlanta Zoning Ordinance be waived to allow for the construction of two (2) Signs at 100 Auburn Avenue, NE; and for other purposes.  (Held 12/12/07)

06O2697 ( 9)            An Ordinance by Councilmember Carla Smith to amend

Z-06-144                     Chapter 28 of Part 16 of the Atlanta City Land Development Code to provide for density increases in exchange for affordable workforce housing; to define certain terms; to provide limitations and requirements; and for other purposes.  (Held 1/30/08)

07O2527 (10)           A Substitute Ordinance as amended by Zoning Committee

Z-07-113                     to rezone from the I-1-C (Light Industrial-Conditional) District to the MRC-3 (Mixed Residential Commercial) District, property located at 430 and 460 Englewood Avenue, SE, fronting approximately 678 feet on the north side of Englewood Avenue beginning approximately 132 feet from the northeast corner of Mailing Avenue.  (Held 4/29/09)

Depth:                          Approximately 1,010 Feet

Area:                                        Approximately 10.32 Acres

Land Lot:                     42, 14^th District, Fulton County, Georgia

Owner:                         JWGST LLC/Joseph Wiles

Applicant:                     Jason Fritz

NPU-Y                                                                        Council District 1

08O2125 (11)           A Substitute Ordinance by Zoning Committee to rezone from

Z-08-73                       the R-4  (Single Family Residential) and NC-2 (Neighborhood Commercial) Districts to the NC-2 (Neighborhood Commercial) District, property located at 1146 Portland Street, SE, 1152 Portland Street, SE, 1131 Glenwood Avenue, SE, 1137 Glenwood Avenue, SE 525/527 Moreland Avenue, SE, 529 Moreland Avenue, SE, 535 Moreland Avenue, SE and 537 Moreland Avenue, SE fronting approximately 250 feet on the north side of Portland Avenue, approximately 300 feet on the west side of Moreland Avenue and approximately 250 feet on the south side of Glenwood Avenue. (Held 5/27/09)

Depth:                          Varies

Area:                                        Approximately 1.75 Acres

Land Lot:                     12, 14^th District, Fulton County, Georgia

Owner:                         George Rohrig

Applicant:                     Joseph Alcock

NPU-W                                                           Council District 1

09O1817 (12)           An Ordinance by Zoning Committee to amend Ordinance U-

U-71-6-S                     71-6-S, as adopted by the City Council on April 19, 1971 and approved by the Mayor on April 23, 1971 for the purposes of approving a Transfer of Ownership for a Special Use Permit for a Day Care Center for property located at 1519 Lakewood Avenue, SE; and for other purposes.  (Held 10/27/09)

09O1819 (13)           An Ordinance by Zoning Committee to amend Ordinance U-

U-97-29                      97-29 as adopted by the City Council on February 1, 1997 and returned without signature by the Mayor per Section 2-405 of the 1996 Charter for the purposes of approving a Transfer of Ownership for a Special Use Permit for a Day Care Center for property located at 191 Anne Street, SE; and for other purposes. (Held 10/27/09)

 

TRANSPORTATION COMMITTEE AGENDA

TRANSPORTATION COMMITTEE

AGENDA

NOVEMBER 9, 2009

A.        ADOPTION OF AGENDA

B.         APPROVAL OF MINUTES

REGULAR REPORT

C.        ORDINANCE FOR SECOND READING

09O1910 ( 1)            An Ordinance by Councilmember Clair Muller to transfer $00,000.00 from the Northside Drive 1994 Bond Fund to the Department of Public Works Office of Transportation in order to fund new traffic signals at Beck Street and Howell Mill Road and at Emery Street and Collier Road; and for other purposes.

09O1911 ( 2)            An Ordinance by Councilmember Clair Muller to reduce the speed limit on West Wesley Road, NW to 30 miles per hour; and for other purposes.

09O1915 ( 3)            An Ordinance by Councilmember Howard Shook amending the 2010 (Intergovernmental Grant Fund) Budget by adding to anticipations and appropriations Georgia Department of Transportation (GDOT) Transportation Improvement Funds in the amount of $457,985.00 for the purpose of funding the relocation of all traffic signal equipment along State Route 139 between Gordon Place, S.W. and Florida Avenue, S.W.; project CSSFT-0008-00(277), P.I. Number 0008277; and for other purposes.

09O1933 ( 4)            An Ordinance by Councilmember Kwanza Hall authorizing the Mayor or her designee to permit vehicular parking on the north side of Auburn Avenue, between Piedmont Ave. and Jesse Hill, Jr. Drive, without time limits, on Sundays; on the west side of Jesse Hill, Jr. Drive, between Auburn Ave. and J.W. Dobbs Ave. without time limits, on Saturdays and Sundays; and on the east side of Jesse Hill, Jr. Drive, between Auburn Ave. and J.W. Dobbs Ave. without time limits, on Sundays; and for other purposes.

D.        RESOLUTIONS

09R2000 ( 1)            A Resolution by Transportation Committee authorizing the Mayor to enter into a Right-Of-Way Mowing and Maintenance Agreement with the Georgia Department of Transportation for the Mowing and Maintenance of the Consolidated Rental Car Facility Emergency Access Road at Hartsfield-Jackson Atlanta International Airport; and for other purposes.

09R2001 ( 2)            A Resolution by Transportation Committee authorizing the Mayor to execute Contract No. FC-4974, Security Access Control System operations and Maintenance at Hartsfield-Jackson Atlanta International Airport with M. C. Dean, Inc. in an amount not to exceed $1,587,810.  That all contracted work will be charged to and paid from 5501 (Airport Revenue Fund) 180313 (DOA Aviation Security) 5213001 (Consulting/Professional Serv) 7563000 (Airport) 000000 (Default) 00000 (Default) 0000 (Default) 00000000 (Default) 0000000 (Default); and for other purposes.

09R2002 ( 3)            A Resolution by Transportation Committee authorizing the Mayor to execute an Amendment No. 14 to the Central Passenger Terminal Complex Lease Agreement with United Airlines, Inc. covering the permanent surrender to the City of Atlanta of a portion of its exclusive leased premises located on Concourse T at Hartsfield-Jackson Atlanta International Airport; and for other purposes.

09R2003 ( 4)            A Resolution by Transportation Committee authorizing the Mayor to execute an Agreement with Amy Landesberg Art & Design, Inc. to produce art work for the Maynard Holbrook Jackson, Jr., International Terminal in an amount not to exceed $1,500,000.00; all contracted work will be charged to and paid from PATEO: 18101664 (Eastside Terminal) 108 (R21E012693CS) 551121376 (DOA 2004 J N K PFC 93CS) 5414002 (Facilities Other Than Bldgs/Infrastructure-CIP) and FDOA: 5511 (2004 Airport PFC Bond Fund F-K) 180201 (DOA Aviation Capital Planning & Development) 5414002 (Facilities Other Than Bldgs/Infrastructure-CIP) 7563000 (Airport) 101664 (Eastside Terminal) 21376 (DOA 2004 J N K PFC 93CS) 0000 (Default) 00000000 (Default) 00000000 (Default).

09R2004 ( 5)            A Resolution by Transportation Committee authorizing the Aviation General Manager or his designee to issue Task Orders under Contract No. FC-3007000037-B, Small Business Managing General Contractor Services with Biosphere International, Inc., in the total amount of $1,750,000.00 to provide Environmental Abatement Services for the Department of Aviation.  All services will be charged to and paid from PTAEO: 18100033 (AIP 01) 153 (Task) 550231297 (DOA R N E AZ67) 5411001 (Land) and FDOA: 5502 (Airport Renewal and Extension Fund) 180201 (DOA Aviation Capital Planning & Development) 5411001 (Land) 7563000 (Airport) 100033 (AIP 01) 31297 (DOA R N E AZ67) 0000 (Default) 00000000 (Default) 00000000 (Default); and for other purposes.

09R2005 ( 6)            A Resolution by Transportation Committee authorizing the Aviation General Manager to issue Task Orders for FC-3007000038-B, Managing General Contractor with Bryson & Associates, a Joint Venture, in the total amount of $1,500,000.00 to provide Demolition Services for the Department of Aviation.  All services will be charged to and paid from PTAEO: 18100033 (AIP 01) 153 (Task) 550231297 (DOA R N E AZ67) 5411001 (Land) and FDOA: 5502 (Airport Renewal and Extension Fund) 180201 (DOA Aviation Capital Planning & Development) 5411001 (Land) 7563000 (Airport) 100033 (AIP 01) 31297 (DOA R N E AZ67) 0000 (Default) 00000000 (Default) 00000000 (Default); and for other purposes.

E.         PAPERS HELD IN COMMITTEE

08R0506 ( 1)            A Resolution by Councilmember Mary Norwood establishing a Technical Review Committee for the purpose of advising the City on construction projects associated with the Hartsfield-Jackson Development Program; and for other purposes.  (Held 3/12/08 at the request of the author for further review and discussion.)

09O0544 ( 2)            A Substitute Ordinance as amended by Transportation Committee amending Chapter 22, Article III, Division 7, Section 22-202 of the Code of Ordinances of the City of Atlanta, on behalf of the Department of Aviation Ground Transportation Division, for the purpose of restructuring and increasing the fees the City assesses the Airport’s Commercial Ground Transportation Operators; and for other purposes.  (Referred back by Full Council on substitute as amended 9/08/09; Held 9/16/09 by the Committee for further discussion and consideration.)

09O0900 ( 3)            An Ordinance by Transportation Committee to amend Chapter 138 (entitled “Streets, Sidewalks and Other Public Places”), Article IV, Division 2, Section 138-84 so as to amend the procedures to be followed for the installation of Traffic Calming Devices in the public right-of-way; and for other purposes.  (Held 5/27/09 per the Department for further review.)

09O0901 ( 4)            An Ordinance by Transportation Committee to amend Chapter 150 (entitled “Traffic and Vehicles”), Article IV (entitled “Stopping, Standing and Parking”), Division 4 (entitled “Residential Permit Parking”), so as to amend the procedures to be followed for the establishment of Residential Permit Parking Areas within the City of Atlanta; and for other purposes.  (Held 5/27/09 per the Department for further review.)

09R1649 ( 5)            A Resolution by Councilmembers C. T. Martin, Mary Norwood, Carla Smith, Howard Shook, Joyce M. Sheperd,  Ivory Lee Young, Jr., Clair Muller and Anne Fauver.  A Resolution by the Atlanta City Council asking the Mayor to entertain discussion of the sale of some or all City Owned Real Property in Dawson County for the purpose of building a Water Reservoir; and for other purposes.  (Held 9/16/09 at the request of the author for further discussion.)

09R1809 ( 6)            A Resolution by Councilmembers Clair Muller and C. T. Martin as substituted by Transportations Committee authorizing the Mayor to execute an Agreement to amend Central Passenger Terminal Complex Lease Agreements (CPTC Leases), Airport Use Agreements with Delta Air Lines, Inc. (Delta) and Northwest Airlines, Inc. (Northwest); and for other purposes.  (Substituted and held 10/14/09 by the Committee for additional input and discussion; Work session scheduled for Wednesday, 10/21/09 at 2:00pm.)

09R1869 ( 7)            A Substitute Resolution by Transportation Committee authorizing the Mayor or her designee to execute an Amendment No. 18 to the Central Passenger Terminal Complex Agreement and Lease with Delta Air Lines, Inc. covering the addition of a Baggage Tunnel between the Main Terminal and Concourse B, various spaces in the Main Terminal Building, a space on Concourse E and the Pedestrian Tunnel between Concourse B and Concourse C; the permanent surrender to the City of Atlanta of various exclusive leased premises which are located in the Main Terminal Building and on Concourses “B” and “E” at Hartsfield-Jackson Atlanta International Airport; reimbursement to Delta of up to $3,561,022.00 to pay for the cost of constructing approximately 3,693 square feet of space in the Main Terminal Building; the reimbursement to Delta of up to $7,000,000.00 to cover the costs of electrical improvements at the Airport made necessary by Delta’s New Baggage Handling System; the reimbursement to Delta of up to $350,000.00 to construct an elevator on Concourse D; all services will be charged to and paid from various accounts herein; and for other purposes.  (Held 10/28/09 by the Committee for further discussion and additional information requested by the Committee.)

 

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AGENDA

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

AGENDA

TUESDAY, NOVEMBER 10, 2009

A.                                ADOPTION OF AGENDA

B.                                APPROVAL OF MINUTES

C.                                PRESENTATION

ACoRA Status Report by

Department of Planning and Community Development

CONSENT AGENDA

D.                                ORDINANCES FOR FIRST READING

09O1947 ( 1)            An Ordinance by Community Development/Human Resources Committee authorizing the Mayor, on behalf of the City, to enter into an Agreement with the High-Manor Sports Foundation, Inc. whereby the Foundation will donate to the City $3,550.72 per month in exchange for the City’s continuing to provide programming at, maintain and operate the Central Park Recreation Center; and authorizing the City’s acceptance of this donation; and authorizing the Mayor or her designee, on behalf of the City, to create an account into which funds donated by the foundation shall be deposited, and from which the funds shall be expended for the sole purpose of payment of the expenses for the Central Park Recreation Centers’ staff and operating and maintenance costs; and for other purposes.

09O1948 ( 2)            An Ordinance by Community Development/Human Resources Committee authorizing the Mayor, on behalf of the City of Atlanta, to execute a first amendment to the 2007 Governmental Agreement regarding the Atlanta Zoo to increase the Leasehold for the purpose of expanding Zoo Operations; and authorizing the Mayor, on behalf of the City of Atlanta, to enter into a Memorandum of Understanding with Atlanta-Fulton County Zoo, Inc. to set forth the terms of expanding the Leasehold; and for other purposes.

09O1949 ( 3)            An Ordinance by Community Development/Human

CDP-09-33                  Resource Committee to amend the Land Use Element of the City of Atlanta’s 2008 Comprehensive Development Plan (CDP) so as to re-designate properties located in the Atlanta BeltLine Subarea 6 – Northeast/Piedmont/Monroe from Various Land Use 

Designations to Various Land Use Designations; and for other purposes.

                                    NPUs – E & F                                                Council District 6

09O1950 ( 4)            An Ordinance by Community Development/Human Resources Committee to adopt the Project Greenspace Technical Repot as the Greenspace Plan for the City of Atlanta; to incorporate into the City of Atlanta’s Comprehensive Development Plan; and for other purposes.

REGULAR AGENDA

E.                                 COMMUNICATION

09C1873 ( 1)            A Communication from Mr. John O’ Callaghan, President and CEO, Atlanta Neighborhood Development Partnership (ANDP), to Municipal Clerk Rhonda Dauphin Johnson: submitting the Atlanta Neighborhood Development Partnership (ANDP) jointly with the Atlanta Housing Association of Neighborhood-based Developers (AHAND) appointment of Mr. Derrick Duckworth to serve as their representative on the Atlanta BeltLine Tax Allocation District (TAD) Affordable Housing Advisory Board.  This appointment is for a term retroactive to May 01, 2009 and expires on April 30, 2011.

HUMAN RESOURCES SECTION

F.                                 ORDINANCE FOR SECOND READING

09O1924 ( 1)            An Ordinance by Councilmembers Ceasar Mitchell , Joyce Sheperd and Ivory Lee Young, Jr., to amend the Code of Ordinances of the City of Atlanta, Georgia, Chapter 2, Article IV, Section 2-195 to expand the functions and duties of the Atlanta Workforce Development Agency; to insert a new Article XI entitled the Atlanta Community Benefits Jobs Policy, which new Article XI shall include Division 1 – General Provisions, Division 2 - First Source Jobs Policy, Division 3-Atlanta Jobs Training and Employment Placement Policy, and Division 4-Atlanta First Source and Jobs Training Oversight Committee; to repeal conflicting Ordinances; and for other purposes.

G.                                RESOLUTION

09R1952 ( 1)            A Resolution by Community Development/Human Resources Committee authorizing the Mayor or her designee to enter into a Contractual Agreement with the ASTRA Group, Inc., for FC-4832, Chastain New Tennis Center & Tennis Court Improvements on behalf of the City of Atlanta, in an amount not to exceed $1,050,000.00; all funds will be charged to and paid from the Account Segment/PTAEO/GL Numbers Identified in this Resolution; and for other purposes.

H.                                PAPERS HELD IN COMMITTEE

09O1884 ( 1)            An Ordinance by Councilmember Kwanza Hall to authorize the Mayor, on behalf of the City of Atlanta, to enter into a Memorandum of Understanding (MOU) with Georgia State University regarding the development, maintenance, and enhancement of Hurt Park; to authorize Georgia State University to receive vending permits for its concessions program at the park; and for other purposes.  (Held 10/27/09 at the request of the department)

09R1736 ( 2)            A Resolution by Community Development/Human Resources Committee authorizing the Mayor, on behalf of the City, to enter in to a Memorandum of Understanding with L.E.A.D. Inc. regarding baseball programming at Perkerson Park; and for other purposes.  (Held 10/13/09)

COMMUNITY DEVELOPMENT SECTION

I.                                  ORDINANCES FOR SECOND READING

09O1829 ( 1)            An Ordinance by Community Development/Human Resources Committee to amend the Land Use Element of the 2008 City of Atlanta Comprehensive Development Plan (CDP) so as to designate property at 1500 Kay Lane, to the Single-Family Residential Land Use Designation; and for other purposes.

09O1904 ( 2)            An Ordinance by Councilmember Jim Maddox amending the 2009 (Community Development Fund) Budget by adding to anticipations and transferring appropriations in the amount of $72,961.96 from Project Closeouts for the purpose of funding, CD-, Parks Flood Damage Repairs; and other purposes.

J.                                 RESOLUTIONS

09R1903 ( 1)            A Resolution by Councilmember Jim Maddox authorizing a Contractual Agreement with the 24/7 Gateway LLC for the implementation of HPR-08-18, Project Connect at Gateway in an amount not to exceed $99,115.54; and for other purposes.

09R1951 ( 2)            A Resolution by Community Development/Human Resources Committee authorizing the Mayor to enter into a Contract with SUMMECH Community Development Corporation, Inc. for an amount not to exceed $2,680,541.00 for the implementation of the Residential and Commercial Component of the Mechanicsville Urban Redevelopment/Section 108 Project; and for other purposes.

09R1953 ( 3)            A Resolution by Community Development/Human Resources Committee authorizing the Mayor to execute Contract Amendment Number Two to the Agreement between the City of Atlanta and Intergenerational Resource Center, Inc. to extend the contract term to December 31, 2010 to run concurrently with the United States Department of Housing and Urban Development’s Economic Development Initiative Grant; and for other purposes.

06O0781 ( 1)            An Ordinance by Councilmember Clair Muller to amend Part 15, Section 15-08.005 of the City of Atlanta Land Development Code regarding curved streets; and for other purposes.  (Held 3/28/06 at request of the department for further review of the legislation)

06O0495 ( 2)            An Ordinance by Councilmember Clair Muller to amend Part 15 of the Land Development Code of the Code of Ordinances of the City of Atlanta to allow for the creation of Conservation Subdivisions in the City of Atlanta and to provide standards for their implementation; and for other purposes.  (Held 2/15/06 by Zoning Committee) (Referred to CD/HR by Council 6/5/06) (Held 6/13/06 at the request of Bureau of Planning)

06C1984 ( 3)            A Communication by Mayor Shirley Franklin re-appointing Tillman Ward to serve as a member of the Westside Tax Allocation District (TAD) Neighborhood Advisory Board for the City of Atlanta in the Neighborhood Merchant Category.  This re-appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.  (Held 9/12/06 to allow appointee to come to the next Committee meeting)

06O2696 ( 4)            An Ordinance by Councilmembers Mary Norwood, Carla Smith, Ceasar C. Mitchell, C. T. Martin, H. Lamar Willis, Natalyn Archibong, Cleta Winslow and Kwanza Hall to require a registration process for vacant property; to waive conflicting ordinances; and for other purposes.  (Held 12/12/06 at the request of the department)

07O0085 ( 5)            An Ordinance by Councilmembers Mary Norwood, C. T. Martin, Ivory Lee Young, Jr., H. Lamar Willis, Ceasar C. Mitchell and Natalyn Archibong to provide for the establishment of the City of Atlanta Board of Code Enforcement; and for other purposes.  (Held 1/9/07 for pending work session)

07O0998 ( 6)            An Ordinance by Community Development/Human

CDP-07-29                  Resources Committee to amend the Land Use Element of the City of Atlanta 2004-2019 Comprehensive Development Plan (CDP) so as to re-designate property that is located at 305, 311, 317 & 323 Buckhead Avenue and 312 Pharr Road, NE, from the “Low Density Commercial” Land Use Designation to the "High Density Commercial" Land Use Designation; and for other purposes. (Held 5/29/07) (Public Hearing held 6/11/07)

NPU-B                                                                        Council District 7

07O1474 ( 7)            An Ordinance by Community Development/Human Resources Committee to amend the Land Use Element of the City of Atlanta 2004-2019 Comprehensive Development Plan (CDP) so as to re-designate properties located in the Lake MARTA Station Livable Centers Initiative (LCI) Study Area from Various Land Use Designations to Various Land Use Designations; and for other purposes. (Held 8/28/07) (Public Hearing held 9/10/07)

07O1475 ( 8)            An Ordinance by Community Development/Human Resources Committee to amend the City of Atlanta 2004-2019 Comprehensive Development Plan (CDP) so as to incorporate the projects recommended in the West Lake MARTA Station Livable Centers Initiative (LCI) Plan; and for other purposes. (Held 8/28/07) (Public Hearing held 9/10/07)

07O1476 ( 9)            An Ordinance by Community Development/Human Resources Committee adopting the West Lake MARTA Station Livable Centers Initiative (LCI) Plan by reference into the City of Atlanta 2004-2019 Comprehensive Development Plan; and for other purposes.  (Held 8/28/07)

07O2606 (10)           An Ordinance by Councilmember Clair Muller to amend certain sections of Part 15, Land Subdivision Ordinance to clarify the application process, including the Public Notification Portion, and Language pertaining to Subdivisions in neighborhoods listed or eligible for the Historic National

Register; and for other purposes. (Held 12/11/07 at the request of the sponsor)

07R2413 (11)           A Resolution by Councilmember Ivory Lee Young, Jr. as substituted by Community Development/Human Resources Committee authorizing the Mayor or her designee to enter into a Contractual Agreement with the English Avenue Community Development Corporation, Inc., in an amount not to exceed $300,000.00, for predevelopment services for the Proctor Village Mixed Use Development, under the 2007 Budget of the Westside TAD Fund from Fund, Account and Center Number 1B09****** ******; and for other purposes. (Favorable on substitute by CD/HR Committee 11/27/07) (Referred back by Council 12/3/07) (Held 12/11/07)

08O0168 (12)           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. (Held 2/12/08 at the request of the department for additional financial information)

08O0214 (13)           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.  (Held 2/12/08 for cost information)

08R0854 (14)           A Resolution by Councilmember Ceasar C. Mitchell to establish a Senior Housing Rehabilitation Advisory Board; and for other purposes.  (Held 4/29/08 at the request of the sponsor of the legislation)

08O1036 (15)           An Ordinance by Community Development/Human Resources Committee to create the “APCO Hamilton Building Renovation Enterprise Zone”, located in the City of Atlanta, Land Lot 63, Parcel Number 14-0063-LL-0717; to provide notification to the Tax Commissioner, School Superintendent and the Department of Community Affairs; and for other purposes. (Held 6/10/08) (Public Hearings held 11/26/07, 3/10/08 and 6/9/08)

08O1449 (16)           An Ordinance by Councilmember Jim Maddox as

CDP-08-43                  substituted by Community Development/Human Resources Committee to amend the Land Use Element of the 2008 Atlanta Strategic Action Plan (ASAP) so as to re-designate property that is located at 601 Spencer Street, NW (also known as 605 Spencer Street), from the “Medium Density Residential” Land Use Designation to the “Mixed-Use Low Density” Land Use Designation; and for other purposes.   (Held 7/15/08) (Public Hearing held 9/08/08) (Substituted and held 9/09/08.)

NPU-L                                                                        Council District X

08O1792 (17)           An Ordinance by Councilmember Ceasar C. Mitchell to require notification of the affected Neighborhood Planning Units (NPU’s) and the City Council when any police zone facility, precinct or mini-precinct, or fire station is to be decommissioned or closed; and for other purposes. (Held 9/30/08)

09R0132 (18)           A Resolution by Community Development/Human Resources Committee to authorize the Mayor or her designee to submit to the U. S. Department of Housing and Urban Development a request to amend the 2004 Annual Action Plan of the 2000-2004 Consolidated Plan to change the scope of the Neighborhood Fresh Start Program, Project #CD-753, from housing acquisition/rehabilitation to demolition; and for other purposes. (Held 1/27/09) (Held for a 30-day public review period)

09O0266 (19)           An Ordinance by Councilmember Clair Muller to amend the Transportation Element of the City of Atlanta’s 2008 Atlanta Strategic Action Plan (ASAP) so as to remove the proposed new road to be located between Colonial Homes Drive and Biscayne Drive also designated as NS 057; and for other purposes.  (Held 2/10/09) (CDP Public Hearing held on 3/09/09)

09O0273 (20)           An Ordinance by Councilmember Joyce M. Sheperd to amend the Atlanta Housing Code of 1987, Appendix E to the Land Development Code, so as to establish rules and regulations for registration of vacant buildings; to provide for penalties; to repeal conflicting ordinances; and for other purposes.  (Held 2/10/09 at the request of the author of the legislation)

09O0376 (21)           An Ordinance by Councilmember Clair Muller as substituted by Community Development/Human Resources Committee to amend the Street Framework Plan of the City of Atlanta’s BeltLine Plan so as to remove portions of the proposed new roads to be located between Colonial Homes Drive and Biscayne Drive and the northern area of the street originating at Bennet Street that runs through Colonial Homes Dr.; and for other purposes.  (Substituted and held 2/24/09 for a CDP Public Hearing 3/9/09)

09O0294 (22)           An Ordinance by Community Development/Human

CDP-09-04                  Resources Committee to amend the Land Use Element of the 2008 Atlanta Strategic Action Plan (ASAP) so as to re-designate properties located in the Atlanta BeltLine Sub-Area 7 – Northside/Peachtree/Piedmont, from “Industrial” Land Use Designation to the “Mixed-Use High Density” Land Use Designation; and for other purposes. (CDP Public Hearing held 3/9/09) (Held 3/10/09)

NPU-F                                                                         Council District X

09O0305 (23)           An Ordinance by Community Development/Human

CDP-09-13                  Resources Committee to amend the Land Use Element of the 2008 Atlanta Strategic Action Plan (ASAP) so as to re-designate property that is located at 305 & 311 Buckhead

Avenue, NE (A.K.A. 315 Buckhead Avenue), from the “Low Density Commercial” Land Use Designation to the “Mixed-Use High Density” Land Use Designation (Z-07-46); and for other purposes. (CDP Public Hearing held 3/9/09) (Held 3/10/09.)

NPU-B                                                            Council District 7

09O0130 (24)           An Amended Ordinance by Community

CDP-09-17                  Development/Human Resources Committee to amend the 2008 City of Atlanta Strategic Action Plan by adopting “Atlanta BeltLine Master Plan Sub-Area 7: Northside/Peachtree/Piedmont”; and for other purposes.  (CDP Public Hearing held 3/09/09) (Favorable by CD/HR

09O0854 (25)           An Ordinance by Community Development/Human

CDP-09-24                  Resources Committee to amend the Land Use Element of the 2008 Atlanta Strategic Action Plan (ASAP) so as to re-designate property that is located at 79, 87, 91 (Units 1-9) and 99 West Paces Ferry Road and 3188 Paces Ferry Place from the “Low Density Commercial” Land Use Designation to the “Mixed-Use Medium Density” Land Use Designation (Z-09-15); and for other purposes. (Held 5/26/09) (Public Hearing held 6/08/09.)

09O1233 (26)           An Ordinance by Community Development/Human Resources Committee to amend Appendix A of the City of Atlanta Land Development Code; to create a new section titled Sustainable Building Code; to provide for an effective date; and for other purposes.  (Work sessions held on 7/23/09 and 10/22/09) (Held 7/28/09 at the request of the department)

09C1530 (27)           A Communication by Mayor Shirley Franklin appointing Ms. Odetta MacLeish-White to serve as a member of the BeltLine Tax Allocation District Affordable Housing Advisory Board on behalf of the City of Atlanta.  This appointment is for a term of two (2) years beginning retroactively on May 01, 2009.  (Held 9/15/09 to allow appointee the opportunity to come before the Committee.)

09O1702 (28)           An Ordinance by Community Development/Human Resources Committee reducing anticipations and appropriations in the amount of $1,600,000.00 for the purpose of correcting the City of Atlanta’s Financial Records to reflect grant de-obligations in the HOME Program; and for other purposes. (Held 10/13/09 for a 30-day public review)

09O1800 (29)           An Ordinance by Councilmember Jim Maddox to amend the Land Use Element of the City of Atlanta 2008 Comprehensive Development Plan (CDP) so as to designate 4776 Campbellton Road (Parcel ID #14F-0065-0001-003-0), Parcel Identification #14F-0065-0001-005-0 (A.K.A. Campbellton Rd. Rear), Parcel Identification #14F-0076-LL-008-8 (A.K.A. Kenny Rd. Rear), 2167 Alan Drive (Parcel ID #14F-0065-0001-011-3), and 2175 Alan Drive (Parcel Identification # 14F-0065-0001-013-9) to the Single-Family Residential Land Use Classification; and for other purposes. (Held 10/13/09 for a Public Hearing 11/30/09)

L.                                 ITEMS NOT ON THE AGENDA

M.                               ADJOURNMENT

 

 

 

FINANCE/EXECUTIVE COMMITTEE AGENDA

 

FINANCE/EXECUTIVE COMMITTEE

AGENDA

NOVEMBER 9, 2009

A.        ADOPTION OF AGENDA

B.        APPROVAL OF MINUTES

C.        DISCUSSION ITEM

            Report of 1^st Quarter and Forecast for Remainder of FY 2010

                                                            Jim Glass – Chief Financial Officer

CONSENT REPORT

D.        ORDINANCES FOR FIRST READING

09O2006 ( 1)            An Ordinance by Finance/Executive Committee authorizing the Mayor and the Chief Financial Officer to supervise the expenditure of funds for subsequent transfers and assure the close out of fiscal year 2009; and for other purposes.

09O2007 ( 2)            An Ordinance by Finance/Executive Committee to amend the FY 2010 Airport Renewal and Extension Fund (5502) Budget by transferring to and from appropriations the amount of $50,000,000.00, to establish an Operating and Maintenance Reserve Account in the amount of one quarter (¼) of the Budgeted Operating Expenses for Fiscal Year 2010; and for other purposes.

09O2008 ( 3)            An Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer or his designee to establish a Showmobile Operator Trust Account Fund, on behalf of the Department of Parks, Recreation and Cultural Affairs, for the purpose of accepting receipts from the Department’s Showmobile Rentals; and for other purposes.

09O2009 ( 4)            An Ordinance by Finance/Executive Committee to waive Chapter 2, Article X, Section 2-1206 of the Procurement and Real Estate Code, of the City of Atlanta Code of Ordinances in order to authorize the Chief Procurement Officer to extend the terms of the Contract FC-4844, Special Procurement for Financial Consultant, Mr. Ian Cooper, between the City of Atlanta and CFO Catalyst LLC, formerly D/B/A Ian Cooper for a period of five months with a termination date of July 31, 2010 in an amount up to $97,000.00; all contracted work shall be charged to and paid from Fund, Department Organization and Account Number 1001 (General Fund) 100101 (DOF Chief Financial Officer) 5212001 (Consulting/Professional Services) 1320000 (Chief Executive).

09O2017 ( 5)            An Ordinance by Finance/Executive Committee authorizing the Mayor or her designee to waive the Payment Provisions contained in the City of Atlanta Code of Ordinances Article X, Procurement and Real Estate Code, to ratify the prior provisions of the Cisco Smartnet Hardware Maintenance and Support Services from August 1, 2009 to November 15, 2009 and, utilize Georgia Technology Authority Contract Number S000546-043 to purchase Cisco Smartnet Maintenance and Support Services from Cisco Systems for eleven (11) months in an amount not to exceed $148,036.21; all funds to be charged to and paid from Fund, Department Organization, and Account Numbers 1001 (General Fund) 050202 (IT Applications) 5410001 (Consulting/Professional Services – Capital) 1535000 (Data Processing/Management Information Systems); and for other purposes.

09O2018 ( 6)            An Ordinance by Finance/Executive Committee authorizing the Mayor or her designee to waive the Payment Provisions contained in the City of Atlanta Code of Ordinances, Article X, Procurement and Real Estate Code, to ratify the prior provisions of Support Services by International Business Machines Corporation since July 1, 2009 for Hardware and Software Maintenance and Support, on behalf of the Department of Information Technology in an amount not to exceed $151,174.07; all funds to be charged to and paid from Fund, Department Organization, and Account Numbers 1001 (General Fund) 050212 (IT Server Management) 5222002 (Repair & Maintenance–Equipment) 1535000 (Data Processing/Management Information Systems); and for other purposes.

REGULAR REPORT

E.         ORDINANCES FOR SECOND READING

09O1864 ( 1)            An Ordinance by Finance/Executive Committee to provide for the Annexation of property located at 1500 Kay Lane to the corporate limits of the City of Atlanta, Georgia pursuant to the 100% Method; to authorize the Law Department to seek preclearance from the Unites States Department of Justice and to notify the Georgia Department of Community Affairs of such Annexation; and for other purposes.

09O1865 ( 2)            An Ordinance by Finance/Executive Committee to anticipate and appropriate grant funds in the total amount of $13,977,695.00 to be received from the Federal Aviation Administration’s offer via Grant Agreement AIP 3-13-0008-90, for the payment of the United States share of 100% of Allowable Costs incurred in accomplishing the project listed as “Construct Apron, Phase II”; and for other purposes.

09O1866 ( 3)            An Ordinance by Finance/Executive Committee to anticipate and appropriate grant funds in the total amount of $7,659,130.00 to be received from the Federal Aviation Administration’s offer via Grant Agreement AIP 3-13-0008-91, for the payment of the United States share of 75% of allowable costs incurred in accomplishing the project listed as “Construct Apron Phase III”; and for other purposes.

09O1897 ( 4)            An Ordinance by Finance/Executive Committee to amending the FY 2010 (__________) Budget by adding to anticipations and appropriations in the amount of ___________ for insurance proceeds received for damage to City-owned property caused by flooding which occurred as a result of heavy rainfall beginning September 18, 2009; and for other purposes.

09O1898 ( 5)            An Ordinance by Finance/Executive Committee to amending the FY 2010 (__________) Budget by adding to anticipations and appropriations in the amount of ___________ for funding received from the Federal Emergency Management Agency for damage to City-owned property caused by flooding which occurred as a result of heavy rainfall beginning September 18, 2009; and for other purposes.

09O1901 ( 6)            An Ordinance by Councilmember Jim Maddox to amend Chapter 114, Personnel, Article “V”, Classification Plan of the Code of Ordinances, City of Atlanta, Georgia, so as to transfer certain positions; and for other purposes.

09O1906 ( 7)            An Ordinance by Councilmember Jim Maddox transferring funds from the District 11 Councilmember Carry Forward Account to existing City of Atlanta Department of Parks, Recreation and Cultural Affairs and Department of Public Works Fund Accounts to fund operations and projects; and for other purposes.

09O1908 ( 8)            An Ordinance by Councilmember Kwanza Hall to waive the Source Selection Provisions of Article X (“The Procurement and Real Estate Code”) of the Atlanta City Code and authorizing the Mayor or her designee to enter into an agreement with Atlanta Gas Light Company pursuant to the Atlanta City Charter Subsection 6-402; to provide Gas Energy Efficient Improvements to the Atlanta Civic Center on behalf of the Departments of Parks, Recreation and Cultural Affairs, Boisfeuillet Jones  Atlanta Civic Center, in an amount not to exceed $1,901,000.00; all contracted work will be charged to and paid from Account Segment Numbers identified in this Ordinance; and for other purposes.

09O1912 ( 9)            An Ordinance by Councilmember Clair Muller to amend Chapter 114, Personnel, Article “V”, Classification Plan of the Code of Ordinances, City of Atlanta, Georgia, so as to create a position, reclassify a position and provide above entry hiring authorization in the Division of Sustainability; and for other purposes.

09O1913 (10)           An Ordinance by Councilmember Clair Muller amending the FY 2010 (Intergovernmental Grant Fund) Budget, Department of Executive Offices, by adding to anticipations and appropriations in the amount of $5,658,264.00 for the U.S. Department of Energy’s Energy Efficiency and Conservation Block Grant; and for other purposes.

09O1914 (11)           An Ordinance by Councilmember Felicia A. Moore authorizing the Chief Financial Officer to amend the FY 2010 General Fund Budget by transferring appropriations in the amount of $700,000.00 from Non-Departmental to various departments affected by the flood within the General Fund and to establish projects to assist with the flood recovery; and for other purposes.

09O1916 (12)           An Ordinance by Councilmember Howard Shook amending the City of Atlanta Occupation Tax Ordinance for the purpose of clarifying the operation of Sec. 146-38; and for other purposes.

09O1917 (13)           An Ordinance by Councilmember Howard Shook to amend the FY 2010 (Water and Wastewater Revenue Bond Fund) Budget by adding to anticipations and appropriations Bond Proceeds in the amount of $449,275,138.85 for the City of Atlanta’s Water and Wastewater Revenue Bonds, Series 2009B; and for other purposes.

09O1918 (14)           An Ordinance by Councilmember Howard Shook to authorize (1) the purchase in lieu of redemption of City of Atlanta Tax Allocation Bonds (BeltLine Project), Series 2008A/B/C Bonds (the “Series 2008 Bonds”) in the Outstanding Aggregate Principal Amount of $64,500,000.00 which have been tendered for purchase by their holders, (2) the execution and delivery of an Amended and Restated First Supplemental Indenture of Trust in order to establish, among other things, a Fixed Rate Mode and a Debt Service Reserve Fund (3) ratification of the preparation, use and distribution of a [Preliminary Official Statement] [Limited Offering Memorandum] in connection with the reoffering of Series 2008 Bonds (4) paying expenses incident to accomplishing all of the forgoing, (5) certain other related actions, all in connection with the Reoffering of the foregoing described Series 2008 Bonds; and for other purposes.

09O1919 (15)           An Ordinance by Councilmember Howard Shook to authorize (1) the issuance and sale of $__________City of Atlanta Tax Allocation Bonds (BeltLine Project), Series 2009A (the “Series 2009A Bonds”), $__________City of Atlanta Tax Allocation Bonds (BeltLine Project), Series 2009B (the “Series 2009B Bonds”) and $__________City of Atlanta Tax Allocation Bonds (BeltLine Project), Series 2009C (the “Series 2009C Bonds”, and together with the Series 2009A Bonds and the Series 2009B Bonds, “the Series 2009 Bonds”) in order to provide funds to be applied towards (A) refinancing the City’s previously issued Tax Allocation Bonds (BeltLine Project) Series 2008A/B/C Bonds (the “Series 2008 Bonds”) outstanding in the Aggregate Principal amount of $64,500,000.00, (B) establishing certain accounts in respect of the Series 2008 Bonds and the Series 2009 Bonds, including a Debt Service Reserve Account, Capitalized Interest Account and Costs of Issuance Account (B) to pay other related expenses, including the costs of issuing the Series 2009 Bonds; (2) the execution of a Second Supplemental Identure of Trust providing for the issuance of the Series 2009 Bonds; (3) the preparation, use and distribution of a [Preliminary Official Statement] [Limited Offering Memorandum] in connection with the issuance and sale of the Series 2009 Bonds; (4) the execution and delivery of a purchase contract; (5) certain related actions all in connection with the issuance of the Series 2009 Bonds; and for other purposes.

09O1921 (16)           An Ordinance by Councilmember Felicia A. Moore transferring funds from the District 9 Councilmember Expense Account to Park Pride on behalf of the Carver Hills Neighborhood; and for other purposes.

09O1930 (17)           An Ordinance by Councilmember Anne Fauver transferring funds from the District 6 Councilmember Expense Account to existing City of Atlanta Department of Parks, Recreation and Cultural Affairs accounts to assist in funding the purchase of equipment destroyed in the September 2009 Flood; and for other purposes.

09O1931 (18)           An Ordinance by Councilmember Natalyn M. Archibong correcting Ordinance Number 08-O-2260 which transferred funds from Council District 5 Expense Account to several Departments for the purpose of Code Enforcement Case Management and Sidewalk Improvements; and for other purposes.

09O1935 (19)           An Ordinance by Councilmember Anne Fauver transferring funds from the District 6 Councilmember Expense Account to Park Pride on behalf of the Lindridge/Martin Manor Neighborhood Association to assist in the improvement and maintenance of Greenspace at 2366 Armand Road NE and for other purposes.

 

REGULAR REPORT

F.         CHARTER AMENDMENT/SECOND READING/FIRST ADOPTION

09O1922 ( 1)            An Ordinance by Councilmember Felicia A. Moore to amend the Charter of the City of Atlanta adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298, et seq.) as amended, to amend Part 1, Subpart A, article VI, Chapter 3, Section 6-304 of the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, p. 4469, et seq.) approved April 15, 1996, as amended, by amending Article VI, Chapter 3, Section 6-304 so as to add a Subsection D Regarding Non Budgeted Programs and Expenditures; to repeal conflicting ordinances; and for other purposes.  (1^st Reading 11/2/09.)

G.        RESOLUTIONS

09R1905 ( 1)            A Resolution by Councilmember Jim Maddox authorizing the Mayor, on behalf of the Atlanta City Council, to utilize the State of Georgia DOAS Contract #SWC90814 for the purchase of 55 Desktop Computers from Dell Marketing, LP for the City Council of Atlanta, Georgia; in an amount not to exceed $68,395.00.  The equipment purchase will be charged to and paid from Fund 1001 (General Fund), Department 200101 (NDP Reservation of Funds), 5790001 (Contingency Fund Unrestricted), 1512000 (Accounting); and for other purposes.

09R1923 ( 2)            A Resolution by Councilmember Ceasar C. Mitchell to establish a Trust Fund Account for the transfer of unexpended funds from Councilmember Expense and Fund Carryover Accounts for use by City Departments in the implementation of identified established project(s) or operations; and for other purposes.

09R1934 ( 3)            A Resolution by Councilmember Kwanza Hall authorizing the Mayor to apply for and accept a Gateway Grant.  Upon award of the grant, the City of Atlanta shall enter into a Mowing and Maintenance Agreement with the Georgia Department of Transportation.

09R1936 ( 4)            A Resolution by Councilmember Anne Fauver authorizing the Midtown Improvement District to apply for and accept a Gateway Grant; upon award of the grant, the City of Atlanta shall enter into a Mowing and Maintenance Agreement with the Georgia Department of Transportation; and for other purposes.

09R2011 ( 5)            A Resolution by Finance/Executive Committee urging the 2010 Georgia General Assembly to support the City of Atlanta’s 2010 Legislative Package; and for other purposes.

G.        RESOLUTIONS (CONT’D)

09R2012 ( 6)            A Resolution by Finance/Executive Committee rescinding 09-R-1704 to change the Service Delivery Strategy (SDS) Date between the City of Atlanta and Dekalb County from October 31, 2010 to January 31, 2010; and for other purposes.

09R2013 ( 7)            A Resolution by Finance/Executive Committee authorizing the Mayor to execute Renewal Agreement No. 1 of the Memorandum of Understanding (MOU) with the Atlanta Workforce Development Agency for the purpose of continuing the Culinary Training Program in the City Hall Cafeteria, in an amount not to exceed $25.00 monthly.  All revenue received pursuant to this MOU shall be deposited into 1001 (General Fund), Department 000002 (General Revenue Org.), Account 389003 (Food, Drink & Notions), Function Activity 00000; and for other purposes.

09R2014 ( 8)            A Resolution by Finance/Executive Committee authorizing the Mayor to execute the Second Amendment to the Intergovernmental Agreement by and among the City of Atlanta, the Atlanta Development Authority and the Atlanta Independent School System, dated December 31, 2005 and amended on August 17, 2009, in connection with the BeltLine Tax Allocation District; and for other purposes.

09R2015 ( 9)            A Resolution by Finance/Executive Committee authorizing the Mayor to execute Amendment Agreement Number 2 with Honeywell, Inc. for FC-4714, City wide HVAC Services on Behalf of the Executive Offices-Office of Enterprise Assets Management and the Department of Parks, Recreation and Cultural Affairs to add the Site and Funding for the Lakewood Fair Grounds in an amount not to exceed $525,000.00;  All contracted work shall be charged to and paid from 1001 (General Fund), Department 040403 (Exe Heating & Air Maintenance), Account 5222001 (Repair & Maintenance Buildings), 1565000 Function Activity (Gen Gov-Bldgs/ & Plants) - $300,000.00 1001 (General Fund), Department 140101 (PRC Commissioner of DPRCA) Account 5222001 (Operating Lease/Rental-Bul.) 1320000 Function Activity (Chief Executive) - $225,000.00; and for other purposes.

09R2016 (10)           A Resolution by Finance/Executive Committee authorizing the Mayor to execute an Appropriate Agreement for FC-4971 with Resurgens Risk Management/Willis, on behalf of the Department of Finance to provide Insurance Placement Services and Risk Management Consulting Services to the City of Atlanta; in a total amount not to exceed $810,000.00 of which $360,000.00 will be paid from Fund, Department Organization, and Account Numbers: 1001 (General Fund) 100303 (DOF Risk Management) 5212001 (Consulting/Professional Services) 1555000 (Risk Management) and $450,000.00 will be paid from 5502 (Airport Renewal & Extension Fund) 180201 (DOA Aviation Capital Planning & Development) 5231001 (Consulting/Professional Services – Technical) 7563000 (Airport).

09R2019 (11)           A Resolution by Finance/Executive Committee authorizing the Mayor to enter into a Cooperative Purchasing Agreement pursuant to the Section 2-1601 et. seq. of the City of Atlanta Code of Ordinances, utilizing the State of California’s Fast Open Contracts Utilization Services Contract Number 2005081 with AT&T Communication Systems Southeast for Support Services for seven (7) months beginning November 16, 2009 and ending June 30, 2010 on behalf of the Department of Information Technology in an amount not to exceed $163,688.00; all contracted work shall be charged to and paid from Fund, Department Organization and Account Number 1001 (General Fund) 050209 (DIT IT Telecommunications) 522002 (Repair and Maintenance – Equipment) 1535000 (Data Processing/Management Information Systems); and for other purposes.

09R2020 (12)           A Resolution by Finance/Executive Committee authorizing the Mayor or her designee to execute Renewal Option Number two (2) of Contract No. FC-6007000058, Post-Production Support for Enterprise Resource Planning, with Oracle USA, Inc., on behalf of the Department of Information Technology, in an amount not to exceed $975,000.00; all contracted work to be charged to and paid from Fund, Department Organization and Account Number 1001 (General Fund) 050102 (IT Administration) 5410001 (Consulting/Professional Services) 1535000 (Data Processing/Management Information Systems); and for other purposes.

H.        PAPERS HELD IN COMMITTEE

07O0138 ( 1)            An Ordinance by Councilmember Ceasar Mitchell to amend the Procurement Code of the City of Atlanta, Georgia by adding to Section 2-1142, Monthly Report to City Council; and for other purposes.  (Held 1/31/07 at the request of the Department of Procurement for an additional study.)

07O0974 ( 2)            An Ordinance by Councilmember C. T. Martin as substituted by Finance/Executive Committee to amend Article V Classification Plan, of the Code of Ordinances, City of Atlanta, Georgia, so as to create 215 positions in the Atlanta Police Department; and for other purposes.  (Held 5/16/07 in conjunction with consideration of 2008 Budget.)

07R2138 ( 3)            A Resolution by Councilmember Ceasar C. Mitchell to support H. R. 2447 to establish an Energy and Environment Block Grant Program that is presently before the United States Congress; and for other purposes.  (Held 10/10/07 per Committee Chair pending cost benefits analysis from Washington Lobbyist.)

07R2139 ( 4)            A Resolution by Councilmember Ceasar C. Mitchell to endorse H. R. 3535 Homebuyer’s Protection Act of 2007 pending in the United States Congress; to urge the Georgia Congressional Delegation to support the Act; and for other purposes.  (Held 10/10/07 per Committee Chair pending cost benefits analysis from Washington Lobbyist.)

08R0510 ( 5)            A Resolution by Councilmembers Howard Shook and Cleta Winslow authorizing the Mayor to enter into an Intergovernmental Agreement with Fulton County District Attorney for a period of three years in an amount not to exceed $26,000.00 per month for services for the City of Atlanta under for Consultation and Support Services to Victims and Witnesses of Crimes; all contracted to be charged to and paid from Fund, Account and work Center Number:  3P01 (Agency Fund) 264017 (Muni Court VW Asst Prg (MCVW)) A00001 (Balance Sheet Center); and for other purposes.  (Held 3/12/08.)

08O0736 ( 6)            An Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer to engage on behalf of the City of Atlanta to establish and implement a cost neutral Deferred Retirement Option Retirement Plan as an additional benefit for the members of the City of Atlanta Firefighter’s Pension Fund and the City of Atlanta Police Officer’s Pension Fund; and for other purposes.  (Held 5/14/08 at the request of the Department of Finance to address concerns with Exhibits “A” & “B” and other information.)

08O0822 ( 7)            An Ordinance by Councilmember Felicia A. Moore to provide for the issuance and sale of Tax Allocation Bonds (Perry Bolton Project), Series 2008, in the aggregated principal amount not to exceed $______________ (The “Series 2008 Bonds”), to pay, or to be applied or contributed toward, the payment of redevelopment costs associated with the projects identified on Schedule 1 hereto (The “2008 Projects”); to authorize paying expenses incident to accomplishing the foregoing; to authorize the execution of an Indentured Trust, a Bond Placement Agreement, Separate Development Agreements with the Developers of each of the 2008 Projects Limited Offering Memorandum and Final Limited Offering Memorandum; to clarify the intent of the initial resolution (as defined herein) with respect to the termination of the Perry Bolton TAD (as defined herein) and for certain other purposes, all connection with the issuance and sale of the foregoing described Series 2008 Bonds.  (Held 4/30/08 per the Committee for additional consideration.)

08O0829 ( 8)            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.  (3^rd Reading/Final Adoption) (Referred back by Council 7/7/08; Held 7/16/08 per the Committee for further review.)

08O0830 ( 9)            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.  (Referred back by Council 7/7/08; Held 7/16/08 per the Committee for further review.)

08O0831 (10)           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.  (Referred back by Council 7/7/08; Held 7/16/08 per the Committee for further review.)

08O0833 (11)           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 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.  (Referred back by Council 7/7/08; Held 7/16/08 per the Committee for further review.)

08O0834 (12)           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.  (Referred back by Council 7/7/08; Held 7/16/08 per the Committee for further review.

08O1446 (13)           An Ordinance by Councilmember C. T. Martin as amended by Finance/Executive Committee to amend the FY 2009 Budget so as to add to the Budget, funding of the Judicial Agencies in the amount of $350,000.00; to reduce the adopted Budget by said amount; and for other purposes.  (Tabled in Full Council 8/18/08; Referred back to Finance/Executive Committee by Full Council 2/16/09; Held 2/25/09 for further review.)

08O1545 (14)           An Ordinance by Councilmember C. T. Martin to amend the Pension Acts applicable to members of the General Employees Pension Fund of the City of Atlanta, so as to provide for a Retirement Program for employees involuntarily separated to balance the City of Atlanta 2009 and 2010 Fiscal Year Budgets and for reorganization of the workforce; and for other purposes.  (Referred back by Full Council 2/16/09; Held 2/25/09 after returning from Executive Session for further discussion.)

08O1688 (15)           An Ordinance by Councilmember Ceasar Mitchell to amend the FY 2009 (General Fund) Budget to reopen and maintain Atlanta Fire Station No. 7 by transferring appropriations from various Consulting, Supply, Travel and other Non-Personnel Accounts yet to be determined to the Department of Fire and Rescue Budget Fund Department Account and Organization Number; and for other purposes.  (Forwarded with no recommendation by Finance/Executive Committee 8/27/08; Referred to Finance/Executive Committee by Full Council 9/2/08; Held 9/10/08 by the Committee for further discussion.)

08R1752 (16)           A Resolution by Councilmember Mary Norwood establishing a City of Atlanta Taxation and Service Delivery Technical Advisory Committee; and for other purposes.  (Held 9/10/02 per the Committee to check on the status of the Citizens Service Review Commission and for further discussion.)

08O2034 (17)           An Ordinance by Councilmember Cleta Winslow authorizing the Mayor or her designee to accept a Donation in the amount of ____________ from the Atlanta Fire Foundation on behalf of the Atlanta Department of Fire and Rescue to fund the Renovation of Fire Station #7; and for other purposes.  (Held 10/15/08 by the Committee pending a substitute.)

08O2135 (18)           An Ordinance by Councilmembers H. Lamar Willis and C. T. Martin as substituted by Finance/Executive Committee to amend Chapter 114 Article IV Division 12 Section 14-379 of the Code of Ordinance of the City of Atlanta so as to provide for Legislative Review for any Reduction in Force by Executive or Legislative Action involving Public Safety and Court Employees; to waive conflicting ordinances; and for other purposes.  (Held 10/29/08 per direction of the Committee for consideration at a later Committee Meeting; Substituted and held 11/12/08.)

09R0183 (19)           A Resolution by Finance/Executive Committee authorizing the Mayor to enter into an Agreement with Motorola, Inc. utilizing the State of Georgia Technology Authority Agreement No. 980-280008 for the purchase of a Georgia Global Positioning System Two-Way Radio Communication Equipment, on behalf of the Department of Watershed Management, Office of Safety and Security, in an amount not to exceed $375,750.00; all contracted work will be charged to and paid from Fund, Department Organization and Account Number 5052 (Water & Wastewater Revenue) 170902 (DWM Watershed Safety) 5212001 (Consulting/Professional) 1555000 (Risk Management); and for other purposes.  (Held 1/28/09 at the request of the Department of Watershed Management for further review.)

09O0203 (20)           An Ordinance by Councilmember Ceasar C. Mitchell to amend Chapter 62, Article II, Section 62-46 of the Code of Ordinances of the City of Atlanta, Georgia (Entitled “Pretrial Diversion Fee”) so as to specify the General Fund uses for which the fees shall be allocated; to waive conflicting ordinances; and for other purposes.  (Held 1/28/09 per the Committee for further discussion.)

09R0263 (21)           A Resolution by Councilmember Ivory Lee Young, Jr. authorizing the Mayor or her designee to enter into an amendment to the Intergovernmental Agreement (IGA) authorized by Resolution 08-R-1694 with the Atlanta Development Authority so as to ensure that the expenditure of Westside TAD Funds through In Rem action can be used to affect not only the demolition but also the Clean and Close of structures located within the English Avenue Neighborhood identified as abandoned and/or dilapidated by the Bureau of Code Compliance; and for other purpose.  (Held 2/11/09 at the request of the author for additional clarification.)

09R0264 (22)           A Resolution by Councilmembers H. Lamar Willis and Jim Maddox proposing the creation of the Southwest Atlanta Community Improvement District as authorized by the General Assembly of the State of Georgia in the Atlanta Community Improvement District Act, contingent upon the consent of the majority of the owners of real property within the District boundaries; and for other purposes.  (Held 2/11/09 at the request of the author for additional consideration.)

09R0270 (23)           A Resolution by Councilmember Mary Norwood requesting the Department of Finance to provide a report to the Full Council regarding the Plan of Financing for Department of Watershed Projects to be funded by Commercial Paper; and for other purposes.  (Held 2/11/09 per the Committee to allow the Watershed Commissioner the opportunity to confer with the author for clarification.)

09O0271 (24)           An Ordinance and Charter Amendment by Councilmembers C. T. Martin, Mary Norwood, Anne Fauver, Ivory L. Young, Jr. and Natalyn Archibong adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298, et seq.) as amended, to create a new Section 3-502.1 (Entitled “Ordinance required to impose furloughs on certain public safety employees”) of the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, P. 4469, et seq.) approved April 15, 1996, as amended, which shall provide that an Ordinance adopted by a majority vote of the Council shall be required in order to impose furloughs on certain public safety employees; to repeal conflicting Ordinances and Charter Amendments; and for other purposes. (1^st Reading 2/2/09; 2^nd Reading, 1^st Adoption) (Held 2/11/09 per the Committee for further review and discussion.)

09O0377 (25)           An Ordinance by Councilmember Clair Muller as substituted by Finance/Executive Committee to transfer $50,000.00 from District 8 Councilmember Expense Account to the Department of Public Works Office of Transportation to be used to assist in funding portions of the Peachtree Battle Neighborhood Intersection Project; and for other purposes. (Held 2/25/09 by the Committee for additional information; Substituted and held 3/11/09.)

09O0803 (26)           A Substitute Ordinance by Finance/Executive Committee amending Atlanta Code of Ordinances Chapter 46, entitled Civic and Cultural Affairs, by adding a new Article IV that shall be entitled Entertainment Filming Fees; and amending Code Section 110-60 to allow entertainment filming in parks between 11:00 p.m. and 6:00 a.m. under certain circumstances; and for other purposes.  (Held 5/13/09 by the Committee for additional consideration and discussion; Public Hearing held 5/13/09; Substituted and held 10/28/09; Public Hearing to be held 12/2/2009.)

09R0817 (27)           A Resolution by Councilmember Clair Muller creating the position of City Council Fiscal Review Manager, a position on the Council Staff that will review all legislation that will have a fiscal impact.  (Held 4/29/09 at the request of the author for further review.)

09O0818 (28)           An Ordinance by Councilmember Howard Shook to repeal Subparagraph (k) (5) of Section 2-36 and Subparagraph (e) of Section 2-39 of the Code of Ordinances of the City of Atlanta, Georgia so as to eliminate the “Cash Carry Forward” provision related to the Expense Accounts and Appropriations of the Council President and Councilmembers; to waive conflicting ordinances; and for other purposes.  (Held 4/29/09 by the Committee for further discussion.)

09O0820 (29)           An Ordinance by Councilmember H. Lamar Willis to amend Article “V” Classification Plan, Section 114-477 of the Code of Ordinances, City of Atlanta, Georgia, so as to create certain positions; and for other purposes.  (Held 4/29/09 by the Committee for further discussion.)

09O0911 (30)           A Substitute Ordinance by Finance/Executive Committee authorizing the Mayor or her designee, on behalf of the City, to anticipate and appropriate funds donated by Legends to the City of Atlanta’s Office of Recreation; and for other purposes.  (Substituted and held 5/27/09 per the Commissioner of Parks, Recreation and Cultural Affairs for further review.)

09O1053 ( 31)          An Ordinance by Finance/Executive Committee authorizing the Mayor or her designee to execute a Ground Site Lease with Clearwater US LLC, for the purpose of providing Wireless Communication Services; and for other purposes.  (Held 7/1/09 by the Committee pending receipt of additional information.)

09O1184 (32)           A Substitute Ordinance by Finance/Executive Committee authorizing the Mayor to accept and enter into a Contractual Agreement between the City of Atlanta and the Georgia Environmental Facilities Authority (“GEFA”) State Revolving Fund Loan Program for the purposes of securing a subsidized loan under the Clean and Drinking Water State Revolving Fund; to amend the FY 2010 Budget to anticipate and appropriate funds in an amount not to exceed $15,000,000.00; and for other purposes.  (Held 7/15/09 at the request of the Department for additional information; Substituted and held 9/16/09.)

09O1217 (33)           An Ordinance by Councilmember Carla Smith to amend Chapter 114, Division 14, Section 114-429 (a) and (e) of the City of Atlanta Code of Ordinances entitled ‘Voluntary Shared Leave Program’, to revise the section to include the donation of reserve sick leave; and for other purposes.  (Held 7/15/09 at the request of the author for further review.)

09R1365 (34)           A Resolution by Finance/Executive Committee authorizing the Mayor to accept the donation of a Wind Turbine valued at $20,000.00 from Southeast Energy Efficiency Alliance and the Gates Foundation, on behalf of the Office of the Mayor, to create a Demonstration Renewable Energy Project at Hemphill Water Treatment Facility; and for other purposes.  (Held 7/29/09 by the Committee for NPU notification.)

09O1378 (35)           An Ordinance by Councilmembers Howard Shook and Clair Muller for the Series 2009B/C/D/E Supplemental Bond Ordinance Supplementing and Amending that certain Fourteenth Supplemental Bond Ordinance of the City of Atlanta Adopted on July 6, 2009, to, among other things, set         forth the terms of (1) the Airport General Revenue Bonds, Series 2009B and Series 2009C (The “Series 2009B/C Bonds”) and (2) the Airport Passenger Facility Charge and Subordinate Lien General Revenue Bonds, Series 2009D and Series 2009E (The “Series 2009D/E Bonds”, together with the Series 2009B/C Bonds, the “Series 2009B/C/D/E Bonds”) within certain parameters previously established by the City including the Original Aggregate Principal Amount, Interest Rates, Maturity Amounts, Maturity Dates, Redemption Provisions and Debt Service Reserve Requirement with respect thereto; ratify certain prior actions of the City Council and certain officers and agents of the City with respect to the issuance and sale of the Series 2009B/C/D/E Bonds; designate the Underwriters and Bond Counsel with respect to said Series 2009B/C/D/E Bonds; approve the form and authorizing the execution of a Bond Purchase Agreement and certain other Agreements in connection with said Series 2009B/C/D/E Bonds; authorize and approve the preparation, use and distribution of a Final Official Statement in connection with the offer and sale of said Series 2009B/C/D/E Bonds; [set forth the terms and covenants associated with a Municipal Bond Insurance Policy related to said Series 2009B/C/D/E Bonds]; provide an effective date; and for other related purposes.  (Held 7/29/09 by the Committee for further review.)

09O1379 (36)           An Ordinance by Councilmembers Howard Shook and Clair Muller for the Series 2009A Supplemental Bond Ordinance Supplementing and Amending that certain Thirteenth Supplemental Bond Ordinance of the City of Atlanta Adopted on July 6, 2009, to, among other things, set forth the terms of the Airport General Revenue Bonds, Series 2009A, including the Aggregate Principal Amount, Interest Rates, Maturity Amounts, Maturity Dates, Redemption Provisions and Debt Service Reserve Requirement with respect thereto; ratify certain prior actions of the City Council and certain officers and agents of the City with respect to the issuance and sale of the Series 2009A Bonds; designate the Underwriters and Bond Counsel with respect to said Series 2009A Bonds; approve the form and authorizing the execution of a Bond Purchase Agreement and certain other Agreements in connection with said Series 2009A Bonds; authorize and approve the preparation, use and distribution of a Final Official Statement in connection with the offer and sale of said Series 2009A Bonds; [set forth the terms and covenants associated with a Municipal Bond Insurance Policy related to said Series 2009A Bonds]; provide an effective date; and for other related purposes.  (Held 7/29/09 by the Committee for further review.)

09R1409 (37)           A Resolution by Councilmembers Kwanza Hall, Ivory Lee Young, Jr., Natalyn Archibong, Mary Norwood, Cleta Winslow, H. Lamar Willis, Jim Maddox and Ceasar C. Mitchell recommending that the remaining City of Atlanta Title XX Allocation of $42 Million (ACoRA Funds) be placed in a Revolving Loan Fund to the Atlanta City Credit Union; and for other purposes.  (Held 9/02/09 by the Committee for further review and additional information.)

09O1650 (38)           An Ordinance by Councilman C. T. Martin to create a new Section 2-45 of the Code of Ordinances of the City of Atlanta, Georgia, located under Chapter 2 (Administration), Article II (Council), Division 1 (Generally), and currently designated as “Reserved”, to be re-designated as “Access to City-Owned or City-Affiliated Parking Facilities by Members of the Atlanta City Council”, so as to provide that members of the Atlanta City Council shall, upon request, be provided with access cards, at no cost to the Council Member, for the purpose of gaining vehicular access to any parking facility owned by the Atlanta; to waive conflicting ordinances; and for other purposes.  (Referred back by Full Council 9/21/09; Held 9/30/09 at the request of the Law Department for further review.)

09O1653 (39)           An Ordinance by Councilmember C. T. Martin to amend Subsection (a) of Section 2-1139 (Using Agency Requirements) of Chapter 2 (Administration), Article X (Procurement and Real Estate Code), Division 2 (Chief Procurement Officer), of the Code of Ordinances of the City of Atlanta, Georgia so as to provide that no person employed in the Executive Office of the Mayor shall serve as a member of a Procurement Evaluation Team or shall in any way participate in the procurement process; to waive conflicting ordinances; and for other purposes.  (Held 9/16/09 by the Committee for further review.)

09O1701 (40)           An Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer to write-off $811,011.36 of Uncollectible Water and Wastewater Accounts receivable with balances extending beyond the statute of limitations; and for other purposes.  (Held 10/14/09 by the Committee for further review.)

09O1797 (41)           An Ordinance by Councilmember Jim Maddox to provide for the Annexation of 4776 Campbellton Road (Parcel ID #14F-0065-0001-003-0), Parcel Identification #14F-0065-0001-005-0 (A.K.A. Kenny Rd. Rear), 2167 Alan Drive (Parcel ID #14F-0065-0001-011-3), and 2175 Alan Drive (Parcel #14F-0065-0001-013-9) to the Corporate Limits of the City of Atlanta, Georgia pursuant to 60% Method of Annexation; to authorize the Law Department to seek preclearance from the United States Department of Justice and to notify the Georgia Department of Community Affairs of such Annexation; and for other purposes.  (Held 10/14/09 for a Public Hearing 11/9/09 at 10:00 a.m.)

09O1804 (42)           An Ordinance by Councilmember Felicia A. Moore to transfer funds in the total amount of $__________ from various Councilmember Expense Accounts to the Community Foundation of Metro Atlanta to assist residents of the City of Atlanta who were affected by the flood which occurred on September 21, 2009; and for other purposes.  (Held 10/14/09 at the request of the author pending additional information and discussion.)

09R1867 (43)           A Resolution by Finance/Executive Committee authorizing the Mayor to execute Master IT On-Call Staffing Agreements with CDI IT Solutions, a Division of CDI Corporation, 3I People, Inc., Think Development Systems, Inc., First Pro, Inc., Techni-Source, Inc., and Stelllar Services for FC-4900, On-Call Information Technology Staffing Services; authorizing the Chief Information Officer for the Department of Information Technology and the Aviation Assistant General Manager – Information Services Division to execute all Statements of Work.  All contracted work will be charged to and paid from various accounts not to exceed $1,000,000.00 per year for each Department.  (Held 10/28/09 by the Committee for further review.)

09O1876 (44)           An Ordinance by Councilmembers Ceasar C. Mitchell, Joyce Sheperd, Jim Maddox, Ivory Lee Young, Jr., Felicia A. Moore, Clair Muller, Mary Norwood, Carla Smith, Cleta Winslow, Natalyn Archibong, Howard Shook and Kwanza Hall to repeal Part Two, Article X known as the “Procurement and Real Estate Code” of the Code of Ordinances of the City of Atlanta so as to enact a new Part Two, Article X known as the “Procurement and Real Estate Code”; to promote the economic welfare of the people of the City of Atlanta; to promote full and equal business opportunity for all persons doing business with the City of Atlanta; to promote commerce by assisting Small Business Enterprises (SBEs) to actively participate in the City of Atlanta’s Procurement Process; to eliminate disparities in the utilization of Minority and Female Business Enterprises in the Greater Atlanta Metropolitan Area; to repeal conflicting ordinances; and for other purposes.  (Held 10/28/09 by the Committee for additional information and for further review.)

 

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE AGENDA

PUBLIC SAFETY

AND

LEGAL ADMINISTRATION COMMITTEE

AGENDA

NOVEMBER 10, 2009

A.            ADOPTION OF AGENDA

B.            APPROVAL OF MINUTES

CONSENT

C.            RESOLUTIONS

Claims with favorable recommendations:

09R1955 ( 1)    Claim of Rashard and Quncellar Jones, for damages alleged to have been sustained as a result of a sanitary sewer back-up on December 17, 2008 at 3752 Stephanie Drive. $9,404.49

09R1956 ( 2)    Claim of Shirley Desilva, through her attorney, Steve I. Goldman, Goldman & Associates, for bodily injuries alleged to have been sustained from an automobile accident on April 3, 2009 at Ralph David Abernathy Boulevard and Whitehall Street.    $9,000.00

09R1957 ( 3)    Claim of Corliss Lofton, for damages alleged to have been sustained as a result of a trip and fall incident in an uncovered water meter on September 16, 2008 at 2603 Old Hapeville Road, SW.        $8,000.00

09R1958 ( 4)    Claim of Zira Thomas, through her attorney, Jill L. Cassert, for damages alleged to have been sustained as a result of an automobile accident on June 9, 2009 at McDaniel Street, SW and Interstate 20 WB exit.    $5,000.00

09R1959 ( 5)    Claim of Jocquline S. Mott, for vehicular damages alleged to have been sustained from an automobile accident on June 25, 2009 at Pryor Road, SW and Manford Road, SW.      $2,014.12

 

09R1960 ( 6)    Claim of Jasper Boykin, for damages alleged to have been sustained as a result of an automobile accident on June 5, 2009 at 524 North Highland Avenue, NE.         $1,760.34

09R1961 ( 7)    Claim of Portia Lay, for property damages alleged to have been sustained when a tree died due to a sidewalk installation project in January 2009 at 1368 Woodland Avenue, SE.       $1,600.00

09R1962 ( 8)    Claim of Paul Haumesser, for damages alleged to have been sustained as a result of driving over a damaged manhole cover on June 18, 2009 at 833 Memorial Drive.            $1,055.90

09R1963 ( 9)    Claim of Rebecca Naylor, for damages alleged to have been sustained as a result of a trip and fall incident on an unsecured water meter lid on June 20, 2009 at 1131 Euclid Avenue, NE.    $869.62

09R1964 (10)   Claim of Meria Kenney, through her attorney, Albert A. Mitchell, for damages alleged to have been sustained as a result of a trip and fall incident on a damaged water meter lid on June 9, 2008 at 481 Paines Avenue                 $675.00

09R1965 (11)   Claim of Loetta Lewis and Norman Lewis, Jr., for damages alleged to have been sustained as a result of driving over a pothole on April 26, 2009 at 2800 Fairburn Road.  $583.15

Claims with unfavorable recommendations:

09R1966 (12)   Claim of Margaret Laney, for damages alleged to have been sustained as a result of walking on a private storm water drain on August 16, 2008 at 2424 Piedmont Road.

09R1967 (13)   Claim of Dr. Elliott Hague, for damages alleged to have been sustained as a result of the issuance of a traffic citation on August 3, 2008 at 2525 Piedmont Road.

09R1968 (14)   Claim of Timothy Wells, through his attorney, Anton Rowe, for damages alleged to have been sustained as a result of being detained by a police officer on October 15, 2007 at 3342 Peachtree Road.

09R1969 (15)   Claim of Ahja Posey, for damages alleged to have been sustained as a result of driving over a pothole on March 27, 2009 at Piedmont Road near 15^th Street.

09R1970 (16)   Claim of Amica Insurance Company, as subrogee of Meschell Perkins, for damages alleged to have been sustained as a result of a vehicular accident on June 14, 2009 at 395 Piedmont Avenue.

09R1971 (17)   Claim of Harris Bellows, for damages alleged to have been sustained as a result of driving over an unsecured construction cut on July 24, 2009 at 4325 Northside Drive.

09R1972 (18)   Claim of State Farm Insurance Companines, as subrogee of Michael Riley, for damages alleged to have been sustained as a result of an automobile accident on January 14, 2009 at Northside Drive at Interstate 75 NB ramp.

09R1973 (19)   Claim of Linda Kappel, for damages alleged to have been sustained as a result of work being performed on a sewer line during June and July 2009 at 4533 Wieuca Road.

09R1974 (20)   Claim of John DePalma, for damages alleged to have been sustained as a result of driving over an unsecured metal plate on June 1, 2009 at 4629 Wieuca Road.

09R1975 (21)   Claim of Charles Mutz, for damages alleged to have been sustained as a result of driving over an unsecured metal plate on June 23, 2009 at 4629 Wieuca Road.

09R1976 (22)   Claim of Dorothy Ferrell, for damages alleged to have been sustained as a result of a trip and fall on a damaged street light base on February 19, 2008 at 215 Peachtree Street.

09R1977 (23)   Claim of Kala Lyons, for damages alleged to have been sustained as a result of driving over a pothole on August 18, 2009 at 620 Peachtree Street.

09R1978 (24)   Claim of Marla A. Scott, for damages alleged to have been sustained as a result of a trip and fall incident on a damaged sidewalk on May 31, 2008 at 375 Boulevard, NE.

09R1979 (25)   Claim of Fulton Cotton Mill Lofts, through its attorney, Martin A. Shelton, Esq., Shulten, Ward & Turner¸ for property damages alleged to have been sustained from flooding due to sewer backups on July 29, August 26, September 14, and October 4, 2007 at 170 Boulevard, SE.

09R1980 (26)   Claim of Fireman’s Fund Insurance Company, as subrogee of Fulton Cotton Mill Lofts, through its attorneys, Cozen O’Connor¸ for property damages alleged to have been sustained from flooding due to sewer backups on July 29, August 26, September 14, and October 4, 2007 at 170 Boulevard, SE.

09R1981 (27)   Claim of Estate of Jerome Gay, through its attorney, Courtney Martin, for damages alleged to have been sustained as a result of an altercation on May 18, 2008 on East Fayetteville Road, Clayton County.

09R1982 (28)   Claim of Wynne Rollins, for damages alleged to have been sustained as a result of a water account dispute and property damages sustained due to a water meter leak on August 8, 2008 at 2500 Swallow Circle.

09R1983 (29)   Claim of Booker T. Willis, Jr., for damages alleged to have been sustained as a result of driving over a pothole on April 17, 2009 at 1917 Fair Drive.

 

09R1984 (30)   Claim of Michael D. Brown, through his attorney, Michael A. Dominy, for damages alleged to have been sustained as a result of an arrest on June 18, 2008 at 565 Orchard Court, SE.

09R1985 (31)   Claim of Troy Harrison, for damages alleged to have been sustained as a result of striking a pothole on December 28, 2008 at Pharr Road and Peachtree Street.

09R1986 (32)   Claim of Susan Clark, through her attorney, John P. Webb, for damages alleged to have been sustained as a result of a trip and fall incident on a damaged sidewalk on February 20, 2009 at Peachtree Road and Lenox Road.

09R1987 (33)   Claim of Hassan Ali Dashtpeyma, for damages alleged to have been sustained as a result of a Bureau of Taxicabs and Vehicles for Hire hearing on May 7, 2009.

09R1988 (34)   Claim of Martha Davis, for damages alleged to have been sustained as a result of driving over a raised manhole on March 1, 2009 at 3607 Oakshire Way.

09R1989 (35)   Claim of Darius Williams, for damages allegedly sustained as a result of driving over an unsecured construction cut on September 13, 2008 at 10^th Street and Argonne Avenue.

09R1990 (36)   Claim of Leonardo Welf, for damages allegedly sustained as a result of the installation of a water meter during December 2007 at 729 Lambert Drive.

09R1991 (37)   Claim of Susan Lippert, for damages alleged to have been sustained as a result of striking a utility pole in the roadway on August 19, 2009 at 240 Ponce de Leon Avenue.

09R1992 (38)   Claim of Le Lan, for damages alleged to have been sustained as a result of striking a metal plate on August 28, 2009 at 420 McDonough Boulevard.

09R1993 (39)   Claim of Michael A. Fannin, for vehicular damages alleged to have been sustained during the operation of a leaf blower by a city employee on July 28, 2009 at 1111 Oak Street, SW.

09R1994 (40)   Claim of Sierra Place, through its attorney, William R. Joiner, for damages alleged to have been sustained as a result of a water service account dispute between October 2007 through August 2008 at 66 Northwood Drive, NE.

09R1995 (41)   Claim of Lori Hardy, for damages alleged to have been sustained during the arrest of a subject on July 30, 2009 at Cleveland Avenue and Beeler Drive, SW.

09R1996 (42)   Claim of Demetrius Graves, for damages alleged to have been sustained as a result of driving over an unsecured metal plate on January 2, 2008 at Juniper Street and 10^th Street.

09R1997 (43)   Claim of Koleman Garland, for damages alleged to have been sustained as a result of driving over damaged railroad tracks on August 15, 2009 at Stone Mountain Lithonia Road, Stone Mountain.

09R1998 (44)   Claim of USAA Insurance Company, as subrogee of Marie Rebecca-Marjorie Lechner, for damages alleged to have been sustained as a result of an automobile accident on January 11, 2009 at Cloverdale Drive and Flat Shoals Avenue.

 

D.            ORDINANCE FOR FIRST READING

09O1999 ( 1)    An Ordinance by Public Safety and Legal Administration Committee amending the 2010 (Intergovernmental Grant Fund) Budget, Department of Police by adding to anticipations and appropriations the amount of $2,308,119.00 for grant funds from the White House Office of National Drug Control Policy (“White House”) for the continuation of the High Intensity Drug Trafficking Area (“HIDTA”) Task Force and continued disruption of Drug Trafficking Organizations; and for other purposes.

E.            ORDINANCES FOR SECOND READING

09O1854 ( 1)    An Ordinance by Public Safety and Legal Administration Committee amending the FY10 (Intergovernmental Grant Fund) Budget, City of Atlanta Municipal Court, Community Court Division, by adding to anticipations and appropriations, in the amount of $37,000.00, for grant funds from the Governor’s Office of Highway Safety, for the purpose of expanding the “Teens Learning Control Program” (TLC); and for other purposes.

09O1895 ( 2)    An Ordinance by Public Safety and Legal Administration Committee amending the Atlanta Code of Ordinances Chapter 30, Article XXIII entitled Vending on Public Property, to clarify that Public Property does not include City Parks; and for other purposes.

F.            RESOLUTION

09R1954 ( 1)    A Resolution by Public Safety and Legal Administration Committee authorizing the settlement of all claims against the City of Atlanta in the case of Rox-Ann T. King v. The City of Atlanta, Civil Action File No. 2008EV158111, in the amount of $72,500.00; authorizing said payment to be charged to and paid from Fund 5051 (Water & Wastewater Revenue Fund), 170201 (DWM Wastewater Treatment & Collections), 5750002 (Property/Liquidation) 4310000 (Sanitary Administration); authorizing the Chief Financial Officer to distribute the settlement amount; and for other purposes.

G.            PAPERS HELD IN COMMITTEE

06R0433 ( 1)    Claim of Robert Colgin, for damages alleged to have been sustained as a result of flooding on July 9, 2005 at 3340 Chatham Road, NW. (Referred back by Council 2/20/06) (Held 2/28/06 for further investigation at the request of Councilmember Muller)

06O1044 ( 2)    An Ordinance by Councilmembers H. Lamar Willis and C. T. Martin to amend the Code of Ordinances of the City of Atlanta, Georgia, Chapter 162, Article 2, Section 162-61(a) and Chapter 162, Article 2, Section 162-34(f) to allow short breaks in service for Taxicabs; to allow the Chief of Police or his designee, discretion to grant further extension for correction slip matters; to repeal conflicting ordinances; and for other purposes.  (Held 5/9/06 at the request of Councilmember Martin)

07O1795 ( 3)    An Ordinance by Councilmember H. Lamar Willis to establish Chapter 21 of the Code of Ordinances of the City of Atlanta entitled “Transportation of Hazardous Materials”; to create a new Article I to be entitled “Terrorism Prevention in Hazardous Materials Transportation Act of 2007,” to create a new Division 1 to be entitled “Terrorism Prevention in Hazardous Materials Transportation Act of 2007”; so as to prohibit large shipments of certain extremely hazardous materials near the City of Atlanta in an effort to reduce the risk of attacks by terrorists; to allow for the issuance of permits authorizing such shipments in special cases; to require the Mayor to issue regulations to implement the provisions of this act; and for other purposes. (Held 8/28/07 for further review.)

08O0190 ( 4)    An Ordinance by Councilmember H. Lamar Willis to amend Chapter 30, Article II of the City Code of Ordinances to reflect new fees for owners of Adult Entertainment establishments which sell alcohol to provide for certain programs for the prevention of sexual assault; and for other purposes.  (Held 1/29/08 at the request of the author)

08O0507 ( 5)    An Ordinance by Councilmember Mary Norwood to create a new Section 106-15 of the Code of Ordinances of the City of Atlanta, Georgia, to be entitled “Loitering”; and for other purposes.  (Held 3/11/08 for further review by the Law Department)

08O0884 ( 6)    An Ordinance by Finance/Executive Committee to amend Chapter 10, Article I, Section 10-1 of the Code of Ordinances, City of Atlanta, Georgia, so as to amend the definition of the word “Restaurant” to more closely reflect the definition of the term “Bona Fide Full-Service Restaurant” contained in Chapter Three of the Official Code of Georgia Annotated; to repeal conflicting ordinances; and for other purposes.  (Held 5/27/08 for further review)

08O1147 ( 7)    A Substitute Ordinance by Public Safety and Legal Administration Committee to amend the Charter of the City of Atlanta, Georgia, adopted under the authority of the Municipal Home Rule Act of 1965, O.C.G.A. 36-35-1 et seq., as amended, to amend the Charter of the City of Atlanta, Georgia, 1996 Ga. Laws, P. 4469, et seq., by amending Article 4, Courts, Sections 4-106 and 4-109 regarding the appointment of Judges Pro Hac Vice to the Municipal Court of Atlanta; to repeal conflicting ordinances; and for other purposes. (Referred back from Council, on substitute  - 3^rd Reading, Final Adoption) (Held 2/24/09)

08O1211 ( 8)    An Ordinance by Councilmembers H. L. Willis, C. T. Martin, Ivory L. Young, Jr. and Mary Norwood to create a separate Department/Organization (Dept/Org) to account for the activity of the Citizen Review Board (CRB); to move funds budgeted in the FY 2008 General Fund Budget in the Police Department’s Public Affairs Unit for the purposes of the CRB; and for other purposes. (Held 6/10/08 for further review)

08O1252 ( 9)    An Ordinance by Councilmember Howard Shook to amend the Code of Ordinances of the City of Atlanta, Georgia, Chapter 10, Article II, Division 2, Section 10-94(a), to exempt certain properties from the distance requirements of 10-88 for the sale of alcoholic beverages for consumption on the premises; and for other purposes.  (Held 7/1/08 at the request of the Law Department)

08O1289 (10)  An Ordinance by Public Safety and Legal Administration Committee to amend Chapter 10, Article II, Division 2, Section 10-61, Entitled “Date for Payment of License Fees; Prorated Fees”, to provide for an expiration date for all licenses issued under Division 2 of Chapter 10, Article II of Code of Ordinances; to change the date by which all Annual License Fees and Renewal Applications of all Annual Licenses issued under Division 2 of Chapter 10, Article II of the City of Atlanta Code of Ordinances must be submitted; to provide for prorated fees based upon the new deadline; to set forth that the effective date of this amendment shall be January 2, 2009; to repeal conflicting ordinances; and for other purposes.  (Held 7/15/08 at the request of the Law Department)

08O1544 (11)  An Ordinance by Councilman C. T. Martin to amend Section 162-78 (a) (3) and (6) (Taxicabs and Vehicles for Hire) of the Code of Ordinances of the City of Atlanta, Georgia so as to eliminate the Annual Fingerprinting Requirement for Taxicab Drivers and to change the Driver’s Training Course Requirement from annually to every three years; to waive conflicting ordinances; and for other purposes.  (Referred back by Full Council on 8/18/08) (Held 8/26/08 for further review.)

08O1753 (12)  An Ordinance by Councilmember Mary Norwood to amend Article XXIV entitled “Vending on Private Property”; and for other purposes.  (Held 9/9/08 for further review.)

08O2436 (13)  An Ordinance by Public Safety and Legal Administration Committee to amend Chapter 2, Article XVI, Division 11, Section 2-2211 and Chapter 2, Article XVI, Division 11, Section 2-2212 to provide for the disclosure of public police and corrections documents to the Citizen Review Board; to amend Chapter 98, Article II, Section 98-26(b)(3) and Chapter 98, Article IV, Section 98-153(b)(3) to require the Chiefs of Police and Corrections to appear before the Citizen Review Board upon request and set forth the reasons for delays in internal investigations into their employees’ conduct; and for the other purposes.  (Held 1/13/09) (Held 4/28/08 for a work session)

09O0389 (14)  An Ordinance by Public Safety and Legal Administration Committee to amend Section 10-75 (5) of the Code of Ordinances of the City of Atlanta, Georgia (“The Alcoholic Beverage Code”) so as to correct a Code Section reference error contained therein; to waive conflicting ordinances; and for other purposes. (Held 3/10/09 for further review)

09R0621 (15)   Claim of Tremayne McReynolds, for damages alleged to have been sustained as a result of a trip and fall incident in an uncovered water meter on July 15, 2008 at 277 Pharr Road, NE. (Referred back by Council 4/20/09) (Held 4/28/09 for further review)

09R0722 (16)   Claim of Tracy Dummett, for damages alleged to have been sustained from a police shooting incident on October 16, 2008 at 1500 Langston Avenue.  (Held 4/28/09 at the request of Councilmember Sheperd for further review by the Law Department.)

09R1030 (17)   Claim of Fred McFarlin, for damages alleged to have been sustained when a door was broken by firemen on February 9, 2009 at 1865 Wellborne Drive, NE.  (Held 6/9/09 at request of Councilmember Fauver.)

09O1178 (18)  An Ordinance by Public Safety and Legal Administration Committee to amend the Code of Ordinances of the City of Atlanta, Georgia, Chapter 162, Article II, Division 1, Section 162-36 to require that the dome lights, with which the roofs of all taxicabs must currently be affixed, be wired in such a way as to minimize the possibility of injury for the purpose of protecting the safety of taxicab drivers and passengers; and for other purposes.  (Held 7/14/09 for further discussions.)

09O1179 (19)  An Ordinance by Public Safety and Legal Administration Committee to amend the Code of Ordinances of the City of Atlanta, Georgia, Chapter 162, Vehicles for Hire, to provide for a definition of taxicab safety equipment; to require signage on applicable taxicabs alerting passengers to the presence of a Digital Security Camera System; to require the installation of taxicab safety equipment in all taxicabs; to authorize the Chief of Police or his/her designee to establish, issue and revise rules, procedures and regulations to govern the specifications, installation and maintenance of the taxicab safety equipment, and to provide for enforcement of rules, procedures and regulations for the purpose of protecting the safety of taxicab drivers and passengers; and for other purposes. (Held 7/14/09 for further discussions.)

09C1521 (20)   A Communication by Mayor Shirley Franklin appointing Mr. R. Roger Bhandari as City Attorney.  (Held 9/15/09 at the request of the Administration.)

09C1525 (21)   A Communication by Mayor Shirley Franklin appointing Ms. Katrice T. Hatten to serve as a Taxicabs and Vehicles for Hire Hearing Officer on behalf of the City of Atlanta.  This appointment is for a term of two (2) years scheduled to begin on the date of Council confirmation.  (Held 9/15/09 awaiting Ms. Hatten, to appeal before the committee.)

09O1559 (22)  An Ordinance by Public Safety and Legal Administration Committee to amend the Code of Ordinances of the City of Atlanta, Georgia, Chapter 162, Article II, Division 1, Section 162-42, entitled Miscellaneous Requirements and Penalties; and Section 162-43, entitled Table of Violations, so as to make it unlawful for drivers of Vehicles for Hire to engage the Child Safety Locks on the rear doors of a vehicle for hire unless otherwise directed; to establish penalties therefore; and for other purposes.  (Held 9/29/09 for further review)

09R1681 (23)   Claim of Travelers Insurance Company, as subrogee of Pamela Evans, for damages alleged to have been sustained as a result of driving over a pothole on April 24, 2009 at 366 Fair Drive.  (Held 9/29/09 at request of Councilmember Sheperd)

09R1691/a /a>(24)   Claim of Mr. Alvin Hall, for damages alleged to have been sustained as a result of driving over a pothole on April 10, 2009 at 366 Fair Drive.  (Held 9/29/09 at request of Councilmember Sheperd)

H.            REQUESTED ITEMS

1.            Councilmember Sheperd made a request for a work session on liquor licensing.

2.            Councilmember Sheperd made a request for the Police Department to come back in September for an update on the Auditor’s Recommendations regarding the Patrol Officer Availability Audit.

3.            Councilmember Willis requested the Police Department to provide him with information regarding the feasibility of purchasing versus leasing a site for the Zone Two Precinct.

Questions or Comments for City Council
Peter Ryan (pryan@atlantaga.gov)

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