Friday, October 09, 2009

ATLANTA CITY COUNCIL

ACTION/MINUTES

MARCH 16, 2009

The Atlanta City Council held its Regularly Scheduled Meeting on Monday, March 16, 2009.  The Meeting convened at 1:10 p.m. in the Council Chambers at City Hall.  The roll was called and a quorum was declared.

PRESIDER: The Honorable Council President Lisa M. Borders presided.

Attendance:

The following (13) voting members were present at the Meeting:

*Arrival Time: - indicates arrival after convening roll call.

 

The Honorable Carla Smith

The Honorable Clair Muller

The Honorable Kwanza Hall

The Honorable Felicia A. Moore

The Honorable Ivory L. Young

The Honorable Jim Maddox

The Honorable Cleta Winslow *1:38

The Honorable Ceasar C. Mitchell *1:21

The Honorable Natalyn Archibong *2:03

The Honorable Mary Norwood

The Honorable Anne Fauver

The Honorable H. Lamar Willis *1:21

The Honorable Howard Shook

 

 

Councilmembers C. T. Martin and Joyce M. Sheperd were absent.

INVOCATION: Reverend Timothy McDonald, III of the First Iconium Baptist Church gave the invocation.

PLEDGE OF ALLEGIANCE: In unison, lead by Councilmember Jim Maddox, the Council recited the Pledge of Allegiance to the flag of the United States of America.

REPORT OF THE JOURNAL: Mrs. Rhonda Dauphin Johnson , Municipal Clerk, certified to the Council and the Committee on Council, that the Action/Minutes of the March 02, 2009 Regular Meeting are true and correct.  The Minutes were FILED without objection.


 

COMMUNICATIONS


Council President Lisa M. Borders Presided

COMMUNICATIONS

09-C-0493 ( 1)        A Communication by City Auditor Leslie Ward submitting an Audit Report on Council Expenditures.

FILED WITHOUT OBJECTION

09-C-0494 ( 2)        A Communication by City Auditor Leslie Ward submitting a Performance Audit Report on the Department of Corrections.

FILED WITHOUT OBJECTION

09-C-0496 ( 3)        A Communication by Councilmembers Ivory Lee Young, Jr., District 3; Cleta Winslow, District 4 and Ceasar C. Mitchell, Post 1 At-Large appointing Ms. Erica C. Pines to serve as a member of the Zoning Review Board for a term of two (2) years, scheduled to begin on the date of Council confirmation.

REFERRED TO ZONING COMMITTEE AND COMMITTEE ON COUNCIL WITHOUT OBJECTION


 

VETOED LEGISLATION


Council President Lisa M. Borders Presided

VETOED LEGISLATION

NONE


 

UNFINISHED BUSINESS


Council President Lisa M. Borders Presided

UNFINISHED BUSINESS

NONE


 

CONSENT AGENDA

SECTION I


Council President Lisa M. Borders Presided

CONSENT AGENDA

There was no separate discussion of the following items with the exception of items 09-O-0130, 09-O-0380 and 08-O-0843 which were removed from the Consent Agenda, and considered separately per Rules for the Conduct of Business of the Council of the City of Atlanta (As Amended), Rule XI; Order of Business, SECTION 11.2; Consent Agenda.

The following CONSENT AGENDA SECTION I received a Favorable Recommendation and was Adopted in accordance with Section 11.2 by the following roll call vote: 13 Yeas: Councilmembers Smith, Hall, Young, Winslow, Archibong, Fauver, Shook, Muller, Moore, Maddox, Mitchell, Norwood and Willis; 0 Nays.

SECTION I

ORDINANCES FOR SECOND READING

TRANSPORTATION COMMITTEE

CLAIR MULLER, CHAIR

09-O-0355 ( 1)            A Substitute Ordinance by Transportation Committee authorizing the installation of one Stop Sign at the intersection of Elevan Avenue, NE and Murray Hill Avenue, NE; and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-O-0356 ( 2)            A Substitute Ordinance by Transportation Committee authorizing the installation of one Stop Sign at the intersection of Hawthorn Circle, NE and Elevan Avenue, NE; and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-O-0357 ( 3)            A Substitute Ordinance by Transportation Committee authorizing the installation of one Stop Sign at the intersection of Hawthorn Circle, NE and Lanes Lane, NE; and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-O-0358 ( 4)              A Substitute Ordinance by Transportation Committee authorizing the installation of One Stop Sign at the intersection of Lanes Lane, NE and Elevan Avenue, NE; and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

ORDINANCES FOR SECOND READING  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE

FELICIA A. MOORE, VICE-CHAIR

09-O-0288 ( 5)            A Substitute Ordinance by Finance/Executive Committee authorizing the Mayor, on behalf of the City, to accept local assistance grants in an amount not to exceed $105,000.00 from the Georgia Department of Community Affairs; and amending the 2009 (Intergovernmental Grant Fund) Budget, Department of Grant Services, by adding to anticipations and appropriations in an amount not to exceed $105,000.00 of grant funds from the Georgia Department of Community Affairs for the purpose of assisting local nonprofit organizations to provide services to the Atlanta area; and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-O-0477 ( 6)            An Ordinance by Councilmembers Felicia Moore, Joyce Sheperd, Ceasar C. Mitchell, Anne Fauver, H. Lamar Willis, Ivory Lee Young, Jr., Clair Muller, Howard Shook, Cleta Winslow, Kwanza Hall, Jim Maddox, C. T. Martin and Mary Norwood to amend the Code of the City of Atlanta, Georgia by adding to Section 2-183(c); Department Heads Under Supervision and Direction of the Mayor; Exception Responsibilities; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-O-0482 ( 7)            An Ordinance by Councilmembers Howard Shook and Carla Smith to amend Section 7 of Ordinance 08-O-0744 to extend the time in which the City Internal Auditor may complete and release an audit of the Department of Watershed Management to the Atlanta City Council; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

ORDINANCES FOR SECOND READING  (CONT’D)

CITY UTILITIES COMMITTEE

CARLA SMITH, CHAIR

08-O-1922 ( 8)            An Ordinance by City Utilities Committee authorizing the Mayor to enter into an Agreement to allow Vulcan Materials Company, LP to access the property known as the Bellwood Quarry to fulfill its reclamation obligations to the State of Georgia and the City of Atlanta; and for other purposes. 

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-O-0274 ( 9)            An Ordinance by Councilmember Joyce M. Sheperd to rename Fulton Boulevard, SW where it intersect with Estes Avenue, SW and Lakewood Avenue, SW where it intersect with Murphy Avenue, SW to Estes Avenue, SW; to waive various subsections of Section 138-8 of the Code of Ordinances of the City of Atlanta; and for other purposes.  (Public Hearing held 3/10/09)

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-O-0286 (10)           An Ordinance by City Utilities Committee rescinding Ordinance Number 08-O-1433 adopted by Council on August 18, 2008 and approved by the Mayor on August 26, 2008 authorizing the Chief Financial Officer to amend the FY 2009 Budget (2001 Water and Wastewater Bond Fund – 5057) in the amount of $2,711,884.00 to transfer funds from the Capital Projects Reserve (5057) for Appropriations and to add to appropriations, funds for the H.T.P. Reservoir Expansion; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

JIM MADDOX, CHAIR

09-O-0127 (11)           An Ordinance by Community Development/Human

CDP-09-14                  Resources Committee to amend the 2008 City of Atlanta Strategic Action Plan by adopting “Atlanta BeltLine Master Plan Sub-Area 2: Heritage Communities of South Atlanta”; and for other purposes.  (CDP Public Hearing held on 3/09/09)

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

ORDINANCES FOR SECOND READING  (CONT’D)

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE  (CONT’D)

JIM MADDOX, CHAIR

09-O-0128 (12)           An Ordinance by Community Development/Human

CDP-09-15                  Resources Committee to amend the 2008 City of Atlanta Strategic Action Plan by adopting “Atlanta BeltLine Master Plan Sub-Area 3: Boulevard Crossing”; and for other purposes.  (CDP Public Hearing held on 3/09/09)

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-O-0129 (13)           An Ordinance by Community Development/Human

CDP-09-16                  Resources Committee to amend the 2008 City of Atlanta Strategic Action Plan by adopting “Atlanta BeltLine Master Plan Sub-Area 5: Freedom Parkway”; and for other purposes.  (CDP Public Hearing held 3/09/09)

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-O-0130 (14)           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)

The above item was removed from the Consent Agenda by request of Councilmember Shook.

SEE COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE REPORT

09-O-0131 (15)           An Amended Ordinance by Community

CDP-09-18                  Development/Human Resources Committee to amend the 2008 City of Atlanta Strategic Action Plan by adopting “Atlanta BeltLine Master Plan Sub-Area 9: Upper Marietta/Westside Reservoir Park”; and for other purposes.  (CDP Public Hearing held 3/09/09)

ADOPTED AS AMENDED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

ORDINANCES FOR SECOND READING  (CONT’D)

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE  (CONT’D)

JIM MADDOX, CHAIR

09-O-0291 (16)           An Ordinance by Community Development/Human

CDP-09-01                  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 2 – Heritage Communities of South Atlanta, from “Various” Land Use Designations to “Various” Land Use Designations; and for other purposes.  (CDP Public Hearing held 3/09/09)

NPUs-S, V, X & Y                               Council Districts 1, 4 &12

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-O-0292 (17)           A Substitute Ordinance by Community

CDP-09-02                  Development/Human 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 3 – Boulevard Crossing, from “Various” Land Use Designations to “Various” Land Use Designations; and for other purposes.  (CDP Public Hearing held 3/09/09)

NPUs-W & Y                           Council District 1

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-O-0293 (18)           An Ordinance by Community Development/Human

CDP-09-03                  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 5 – Freedom Parkway, from “Low Density Residential” Land Use Designation to the “Medium Density Residential” Land Use Designation; and for other purposes.  (CDP Public Hearing held 3/09/09)

NPU-N                         Council District 2

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

ORDINANCES FOR SECOND READING  (CONT’D)

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE  (CONT’D)

JIM MADDOX, CHAIR

09-O-0295 (19)           A Substitute Ordinance by Community

CDP-09-05                  Development/Human 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 9 – Upper Marietta/Westside Park, from “Various” Land Use Designations to “Various” Land Use Designations; and for other purposes.  (CDP Public Hearing held 3/09/09)

NPUs-G, J, K & L                                Council Districts 3 & 9

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-O-0296 (20)           An Ordinance by Community Development/Human

CDP-09-06                  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 in the Buckhead Village, from the “High Density Commercial” Land Use Designation to the “Mixed Use-High Density” Land Use Designation; and for other purposes.  (CDP Public Hearing held 3/09/09)

NPU-B                         Council District 7

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-O-0297 (21)           An Ordinance by Community Development/Human

CDP-09-07                  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 in the Edgewood Neighborhood, from “Various” Land Use Designations to “Various” Land Use Designations; and for other purposes. (CDP Public Hearing held on 3/09/09)

NPU-O                         Council District 5

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

ORDINANCES FOR SECOND READING  (CONT’D)

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE  (CONT’D)

JIM MADDOX, CHAIR

09-O-0380 (22)           An Ordinance by Councilmember Jim Maddox as Substituted by Community Development/Human Resources Committee amending the 2009 (Community Development Fund) Budget by adding to anticipations and appropriations in the amount of $12,316,082.00 under the Neighborhood Stabilization Program (NSP); to fund various positions created under the Neighborhood Stabilization Program (NPS); and for other purposes. 

                                                                                                 

The above item was removed from the Consent Agenda by request of Councilmember Shook.

SEE COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE REPORT

09-O-0400 (23)           An Ordinance by Community Development/Human

                                    Resources Committee authorizing the Mayor to accept a Public Access Trail Easement from Pulte Home Corporation for the purpose of creating a Multi-Use Trail; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

CLETA WINSLOW, CHAIR

08-O-0843 (24)           An Ordinance by Councilmember Natalyn Archibong as Substituted by Public Safety and Legal Administration Committee to amend Sections 10-1, 10-88 and 10-88.1 of Chapter 10 (Entitled “Alcoholic Beverages”) of the Code of Ordinances of the City of Atlanta, Georgia so as to amend the definition of malt beverage such that it is consistent with State Law; to create a new definition of malt liquor as distinguished from malt beverages; to create a new license classification to be known as “Specialty Food Shop”; to establish distance exemptions, restrictions, and requirements with respect to Specialty Food Shops; to waive conflicting ordinances; and for other purposes.

The above item was removed from the Consent Agenda by request of Councilmember Norwood.

SEE PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE REPORT

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS

TRANSPORTATION COMMITTEE

CLAIR MULLER, CHAIR

09-R-0449 ( 1)             A Resolution by Transportation Committee authorizing the Mayor to execute a Memorandum of Understanding with the Federal Aviation Administration concerning the installation of a Runway Status Lights System at Hartsfield-Jackson Atlanta International Airport, at no cost to the City; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-0451 ( 2)             A Resolution by Transportation Committee on behalf of the Department of Aviation authorizing the Mayor to execute a Three-Year Renewal of Lease Agreement FC-7314-01, Foreign Currency Exchange and Business Services Concessions with Travelex Currency Services, Inc.; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-0452 ( 3)             A Resolution by Transportation Committee on behalf of the Department of Aviation authorizing the Mayor to execute a Three-Year Renewal of Lease Agreement FC-7429-02, Frozen Dessert Concessions with Global Concessions, Inc.; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

FINANCE/EXECUTIVE COMMITTEE

FELICIA A. MOORE, VICE-CHAIR

09-R-0302 ( 4)             An Amended Resolution by Finance/Executive Committee authorizing the Mayor to enter into Grant Agreements with the State of Georgia Department of Community Affairs, enabling the City to accept local assistance grants not to exceed a total amount of $131,000.00.

ADOPTED AS AMENDED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (CONT’D)

FELICIA A. MOORE, VICE-CHAIR

09-R-0464 ( 5)             A Resolution by Finance/Executive Committee authorizing the Chief Procurement Officer to utilize GSA Contract #GS-35F-0232U for the purchase of a one year (November 2008 thru December 2009) support renewal agreement for AirDefense Wireless Intrusion System from Fishnet Security, Inc. for the City of Atlanta, Department of Aviation in an amount not to exceed $23,610.56.  The software and support purchase will be charged to and paid from FDOA: 5502 (Airport Renewal and Extension Fund), Department 180107 (Department of Aviation, Aviation Information Services), Expenditure 5424004 (Software 5,000+), Functional Activity 7563000 (Airport); and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-0465 ( 6)             A Resolution by Finance/Executive Committee authorizing the Mayor or her designee to renew the Cooperative Purchasing Agreement made pursuant to Section 2-1601 et seq. of the City of Atlanta Code of Ordinances, utilizing GSA Schedule GS-35F-0009T with Oracle USA, Inc., for Oracle Contract #2016306, RAC Software Licenses and Support for the ERP Application, for 1 year from May 30th 2009 to May 29th 2010, on behalf of the Department of Information Technology in the amount not to exceed $46,156.79; all contracted work shall be charged to and paid from Fund, 1001 (General Fund) 050102 (IT Administration) 5410001 (Consultant/Professional Services) 1535000 (Data Processing/Management Information System); and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (CONT’D)

FELICIA A. MOORE, VICE-CHAIR

09-R-0466 ( 7)             A Resolution by Finance/Executive Committee authorizing the Mayor or her designee to renew the Cooperative Purchasing Agreement made pursuant to Section 2-1601 et seq. of the City of Atlanta Code of Ordinances, utilizing GSA Schedule GS-35F-0009T with Oracle USA, Inc., for Oracle Contract #2118646, Oracle Database Software Licenses and Support for the ERP Application, for 1 year from April 8, 2009 to April 7, 2010, on behalf of the Department of Information Technology in the amount not to exceed $54,400.34; all contracted work shall be charged to and paid from Fund, 1001 (General Fund) 050102 (IT Administration) 5410001 (Consultant/Professional Services) 1535000 (Data Processing/Management Information System); and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-0467 ( 8)             A Resolution by Finance/Executive Committee authorizing the Mayor or her designee to renew the Contractual Agreement with Dobbs Ram & Company pursuant to the Procurement and Real Estate Code, of the City of Atlanta Code of Ordinances, for the Support and Maintenance of the City of Atlanta’s GTE VT-PRISM Law Enforcement Software on behalf of the Department of Information Technology in an amount not to exceed $160,000.00; all contracted work shall be charged to and paid from Fund, Department, Organization and Account Number 1001 (General Fund) 050202 (IT Application) 5213001 (Consultant/Professional Services-Technical) 1535000 (Data Processing/Management Information System); and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (CONT’D)

FELICIA A. MOORE, VICE-CHAIR

09-R-0468 ( 9)             A Resolution by Finance/Executive Committee authorizing the Mayor to execute Renewal Agreement No. 1 with the First Southwest Asset Management, Inc., for FC-6005007955, Arbitrage Rebate Calculation Services, on behalf of the Department of Finance, at a base fee of $1,750.00 per computation year plus additional charges for special services related to various bond issues; all contracted work to be charged to and paid from various capital funds per bond issue; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-0469 (10)            A Resolution by Finance/Executive Committee authorizing the Mayor to execute Renewal Agreement No. 1 with the First Southwest Company, for FC-6005007958-A, Financial Advisor to the City of Atlanta, on behalf of the Department of Finance, in an amount not to exceed $180,000.00; all contracted work to be charged to and paid from various funds as supported by Department of Watershed Management and other Departments supported by General Obligation Funds; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-0470 (11)            A Substitute Resolution by Finance/Executive Committee authorizing the Mayor to execute Renewal Agreement No. 1 with Investment Management Advisory Group and Woodward Peachtree Capital Partners, for FC-6005007964, Swap Advisor, on behalf of the Department of Finance, in an amount not to exceed $100,000.00 for one year plus one basis point of yield on each SWAP up to $100,000.00 per SWAP completed for a maximum of $200,000.00 for SWAP Transactions with two or more counterparties; all contracted work to be charged to and paid from various Funds, Departments Organizations, and Account Numbers; and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (CONT’D)

FELICIA A. MOORE, VICE-CHAIR

09-R-0488 (12)            A Resolution by Finance/Executive Committee opposing House Bill 406 (a merger of the independent school system of the City of Cordele and the school districts in the County of Crisp lying outside the corporate limits of the City, so as to change the compensation of members of the Crisp County Board of Education) now being considered by the Georgia General Assembly; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-0490 (13)            A Resolution by Finance/Executive Committee opposing House Bill 644, creating the Major Airport Operations Board; now being considered by the Georgia General Assembly; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

CITY UTILITIES COMMITTEE

CARLA SMITH, CHAIR

09-R-0404 (14)            A Resolution by City Utilities Committee authorizing the Mayor to enter into Renewal Agreement No. 1 with Tople Construction, Inc., on behalf of the Department of Public Works, for FC-3007000046, construction of the Collier Road Sidewalk Improvement Project to include the north side of Collier Road for time only at no additional cost to the City; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-0405 (15)            A Substitute Resolution by City Utilities Committee authorizing the Mayor to enter into Renewal Agreement No. 2 with Ed Castro Landscape, Inc., for FC-6006007927, Annual Contract for Landscaping Services, on behalf of the Department of Watershed Management in an amount not to exceed $714,000.00; all contracted work will be charged to and paid from Various Funds, Department, Organization and Account Numbers; and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

CITY UTILITIES COMMITTEE  (CONT’D)

CARLA SMITH, CHAIR

09-R-0478 (16)            A Resolution by Councilmember Kwanza Hall as Substituted by City Utilities Committee authorizing the Mayor to enter into an Encroachment Agreement between Hard Rock Café; International (STP), Inc., and the City of Atlanta, authorizing the placement of a thirty (30) foot tall Illuminated Neon Guitar Sign to the exterior corner of the building abutting the northeast corner of the intersection at Peachtree Street and International Boulevard, said sign to encroach into the public right-of-way, in accordance with the provisions of Article II of Chapter 138 of the City of Atlanta’s Code of Ordinances; and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

JIM MADDOX, CHAIR

09-R-0365 (17)            A Resolution by Finance/Executive Committee authorizing the Mayor or her designee, on behalf of the City, to enter into a Memorandum of Understanding in the amount of $25,000.00 with Ruder Finn, Inc., for the purpose of implementing the Pursuit of Excellence Institute, in conjunction with the Atlanta Workforce Development Agency; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-0408 (18)            A Resolution by Community Development/Human Resources Committee authorizing the Mayor or her designee, on behalf of the City, to participate with the Atlanta Downtown Improvement District, Inc., in the making of certain Capital Improvements to Woodruff Park by providing an amount not to exceed $150,000.00 toward the Improvement Project, where all funds shall be paid from Opportunity Bond proceeds, and charged to and paid from the Account Segment/PATEO Numbers identified in this resolution; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE  (CONT’D)

JIM MADDOX, CHAIR

09-R-0483 (19)            A Resolution by Community Development/Human Resources Committee authorizing the Mayor’s Office of Human Services to accept a Reimbursement Grant Award from the State of Georgia’s Bright from the Start: Department of Early Care and Learning Program for the 2009 Summer Food Service Program; to proceed with the necessary steps to commence the 2009 Summer Food Service Program; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

CLETA WINSLOW, CHAIR

09-R-0413 (20)            A Resolution by Public Safety and Legal Administration Committee authorizing the City Attorney to negotiate settlement terms for the lawsuit styled Kingdom First Ministries v. City of Atlanta, Georgia, Civil Action No. 1:08-CV-3100, United States District Court, Northern District of Georgia, with the amount of any payment by the City not to exceed $160,000.00; authorizing the Chief Financial Officer to distribute the final settlement amount; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-0414 (21)            A Resolution by Public Safety and Legal Administration Committee authorizing the settlement of all claims against the City of Atlanta in the case of Andrew M. Capron and Kirsten Valentino v. The City of Atlanta, Georgia Civil Action File No. 2007CV144123, in the amount of $1,250,000.00; authorizing said payment to be charged to and paid from Fund 5051 (Watershed & Wastewater Fund), Account 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.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

09-R-0415 (22)            A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor or her designee to donate the existing Fire Safety House to the Union County Fire Department as part of the stipulation in the Grant Agreement when awarded a new Fire Safety House from the Federal Emergency Management Agency on behalf of the Atlanta Fire Rescue Department; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-0416 (23)            A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to apply for and accept a grant on behalf of the Municipal Court of Atlanta from a foundation in an amount not to exceed $250,000.00; to support continuation of the Women for Women Program to provide incarcerated women at the Atlanta City Detention Center with a support program that includes both peer and professional support and counseling services to assist women in the Detention Center to break the cycle of destructive behavior, including drug dependency, in order to provide them with the opportunity to turn their lives around; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-0417 (24)            An Amended Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to apply for and accept a grant on behalf of the Municipal Court of Atlanta from the United States Department of Justice in an amount not to exceed $250,000.00 contingent on a match not more than $100,000.00; and to authorize the Mayor to apply for and accept foundation funding to supply the matching funds for a Comprehensive Justice and Mental Health Collaboration Program; and for other purposes.

ADOPTED AS AMENDED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

09-R-0418 (25)            A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to apply for and accept a grant on behalf of the Municipal Court of Atlanta from the United States Department of Justice in an amount not to exceed $2,000,000.00; with no match required for a Youth Mentoring Program under the National Youth Mentoring Program; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-0419 (26)            A Substitute Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to amend the Scope of Services with Sentinel Offender Services, LLC and enter into a one (1) year Renewal Agreement with Sentinel Offender Services, LLC for FC-6005007967, Privatized Probation Services, a revenue generating contract; all funds generated under this contract shall be deposited into the applicable General Fund Revenue Accounts and Agency Fund Liability Accounts; and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Claims with favorable recommendations:

09-R-0138 ( 1)             Claim of Atlanta Housing Authority, for damages alleged to have been sustained as a result of an automobile accident on August 5, 2008 at 596 Waynes Court, SE.  $3,000.00

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-0420 ( 2)             Claim of Steven T. Higginbottom, for vehicular damages alleged to have been sustained from driving over a metal plate that was partially covering a sanitary sewer construction site on December 13, 2008 at 1630 DeKalb Avenue, NE.        $793.73

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS/CLAIMS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

Claims with favorable recommendations:  (Cont’d)

09-R-0421 ( 3)             Claim of Courtney Russell, for vehicular damages alleged to have been sustained from driving over a metal plate that was partially covering a sanitary sewer construction site on January 9, 2009 at 1644 DeKalb Avenue, NE.                               $821.85

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-0422 ( 4)             Claim of Karen Bynoe and Anthony Philippe, for vehicular damages alleged to have been sustained after driving over a metal plate that was partially covering a sanitary sewer construction site on January 6, 2009 at 71 Fort Street, N.E.       $844.00

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-0423 ( 5)             Claim of Travelers Insurance Company, as subrogee of Pineapple House Interior, for damages alleged to have been sustained as a result of a vehicular accident on January 3, 2008 at 1646 Monroe Drive.                                                      $971.13

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-0424 ( 6)             Claim of Allan C. Vella, for vehicular damages alleged to have been sustained from driving over a metal plate that was partially covering a sanitary sewer construction site on December 15, 2008 at 1630 DeKalb Avenue, NE.  $1,218.07

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-0425 ( 7)             Claim of Thomas E. Park, for vehicular damages alleged to have been sustained from driving over a metal plate that was partially covering a sanitary sewer construction site on January 2, 2009 at 1644 DeKalb Avenue, NE.                               $2,085.64

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS/CLAIMS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

Claims with favorable recommendations:  (Cont’d)

09-R-0426 ( 8)             Claim of Tim Daniel, for damages alleged to have been sustained as a result of an automobile accident on April 17, 2008 at 2 Joseph E. Lowery Boulevard.            $3,685.00

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Claims with unfavorable recommendations:

09-R-0427 ( 9)             Claim of ADI Financial Services, Inc., through its attorney, John Ayoub, Esq., Ayoub & Mansour, LLC, for damages alleged to have been sustained due to a breach of contract regarding recovery of revenue funds owed to the City on an unspecified date at 55 Trinity Avenue, SW.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-0428 (10)            Claim of Algorithm Construction and Development, Inc., through its attorney, Jere Wood, Esq., Wood and Perry, for damages alleged to have been sustained due to a breach of contract from January 1, 2007 through July 17, 2007 at Hartsfield-Jackson Atlanta International Airport, 8700 Spine Road.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-0429 (11)            Claim of Mark Orlandela, through his attorney, Law Office of Donald W. Singleton, LLC, for bodily injuries alleged to have been sustained after stepping into a hole in the sidewalk that was under construction on November 5, 2008 at Hartsfield-Jackson Atlanta International Airport, 8700 Spine Road.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS/CLAIMS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

Claims with unfavorable recommendations:  (Cont’d)

09-R-0430 (12)            Claim of Mark and Leanza Steines, on behalf of their minor child, Avery James Steines, through their attorney, Daniel A. Ragland, Esq., Ragland & Jones, LLP, for bodily injuries alleged to have been sustained from an escalator injury on July 30, 2008 at Hartsfield-Jackson Atlanta International Airport, 8700 Spine Road.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-0431 (13)            Claim of Larry and Melinda Sigmon, on behalf of their minor child, Andrew Dawit Sigmon, through their attorney, Daniel A. Ragland, Esq., Ragland & Jones, LLP, for bodily injuries alleged to have been sustained from an escalator injury on July 29, 2008 at Hartsfield-Jackson Atlanta International Airport, 8700 Spine Road.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-0432 (14)            Claim of Pierre Putman, through his attorney, Kenneth S. Nugent, P.C., for bodily injuries alleged to have been sustained from an accident involving a MARTA employee on October 15, 2008 on Covington Highway.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-0433 (15)            Claim of Monta V. Lewis, for vehicular damages alleged to have been sustained from driving over a fallen tree on August 3, 2008 at Lindbergh Drive, NE and Parkside Drive, NE.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-0434 (16)            Claim of Jewel O. Pyle, for bodily injuries alleged to have been sustained from an automobile accident on March 23, 2007 at Central Avenue and Ralph David Abernathy Boulevard.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS/CLAIMS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

Claims with unfavorable recommendations:  (Cont’d)

09-R-0435 (17)            Claim of David Howard, for damages alleged to have been sustained as a result of striking a sewer manhole on November 26, 2008 at 695 Charlotte Place.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-0436 (18)            Claim of Merissa Y. McGowan, for damages alleged to have been sustained as a result of striking a construction cut in the roadway on December 7, 2008 at 385 Marietta Street.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-0437 (19)            Claim of Slater Lock, for vehicular damages alleged to have been sustained from driving over a dip in the roadway on November 9, 2008 at Ellis Street and Piedmont Avenue, NE.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-0438 (20)            Claim of Glenn D. Fite, Sr., for damages allegedly sustained as a result of driving over an unsecured construction cut on December 10, 2008 at Spring Street and Linden Avenue.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R0439 (21)             Claim of Reginald Talton, through his attorney, James Brantley, for damages alleged to have been sustained as a result of an arrest on October 8, 2007 and October 11, 2007 in Sandy Springs.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-0440 (22)            Claim of Ameriprise Insurance Company, as subrogee of Nicholas White and Efrosimi White, for damages allegedly sustained as a result of driving over an unsecured construction cut on June 30, 2008 at 1161 East Rock Springs Road.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS/CLAIMS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

Claims with unfavorable recommendations:  (Cont’d)

09-R-0441 (23)            Claim of Marianne McCullough, for damages allegedly sustained as a result of driving over an unsecured metal plate on July 31, 2008 at Monroe Drive and Armour Drive.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-0442 (24)            Claim of Bridgette Adams, et al., through their attorney, Michael H. Cummings, II, for damages alleged to have been sustained as a result of the termination of claimants’ water service in June 2008 at Colony Square Apartments and Southern Trace Apartments.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-0443 (25)            Claim of Nasser Zohoury, through his attorney, Nathaniel H. Blackmon, III, for damages alleged to have been sustained as a result of the termination of water service on June 30, 2008 and July 8, 2008 at Colony Square Apartments and Southern Trace Apartments.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-0444 (26)            Claim of Westrix Corporation, for damages alleged to have been sustained as a result of a sanitary sewer backup on March 31, 2005 at 1465 Howell Mill Road, NW.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-0445 (27)            Claim of Dr. Thomas Coffin, through his attorney, Brian Spears, for damages alleged to have been sustained as a result of the termination of employment on July 29, 2008 at 55 Trinity Avenue, SW.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-R-0446 (28)            Claim of Janet Damond, for damages alleged to have been sustained as a result of a trip and fall incident on an unsecured water meter lid on December 21, 2008 at 2290 Swallow Circle.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION I  (CONT’D)

RESOLUTIONS/CLAIMS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

Claims with unfavorable recommendations:  (Cont’d)

09-R-0447 (29)            Claim of Ronald Floyd, II, for damages alleged to have been sustained as a result of striking a construction cut in the roadway on December 24, 2008 at 385 Marietta Street.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS


 

CONSENT AGENDA

SECTION II


Council President Lisa M. Borders Presided

CONSENT AGENDA

SECTION II

ORDINANCES FOR FIRST READING

TRANSPORTATION COMMITTEE

CLAIR MULLER, CHAIR

The following items (1 – 17) were taken as a collective vote.

09-O-0448 ( 1)            An Ordinance by Transportation Committee to amend the 2008-2009 (Airport Revenue Fund) Budget by transferring to and from appropriations the amount of $760,572.00; to provide additional funding in the agreement with Allied Aviation Fueling of Atlanta, Inc., for the Fuel Storage Facility and Fueling Facility Management and Operation Agreement; and for other purposes.

REFERRED TO TRANSPORTATION COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

FINANCE/EXECUTIVE COMMITTEE

FELICIA A. MOORE, VICE-CHAIR

09-O-0453 ( 2)            An Ordinance by Finance/Executive Committee to amend Chapter 114, Personnel, Article “V”, Classification Plan of the Code of Ordinances, City of Atlanta, Georgia, so as to transfer positions, in line with the 2009 Budget; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-O-0454 ( 3)            An Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer to refund $6,824.00 to Ms. Betty Mapps for overpayment of Sanitary Service Charges for property located at 703 Waterford Rd. Parcel Identification Numbers 1402400001008.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-O-0455 ( 4)            An Ordinance by Finance/Executive Committee to create a special revenue fund to be known as the “Building Permit Technology Surcharge Special Revenue Fund” for the purpose of accounting for proceeds of the Technology Surcharge collected by the Bureau of Buildings as well as for the expenditure of such proceeds as provided herein; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION II  (CONT’D)

ORDINANCES FOR FIRST READING  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (CONT’D)

FELICIA A. MOORE, VICE-CHAIR

09-O-0456 ( 5)            An Ordinance by Finance/Executive Committee authorizing the Mayor to enter into a Lease Agreement with the Atlanta City Employees Credit Union for approximately 1,068 square feet of office space at 226 Peachtree Street, SE, in Land Lot 77 of the 14th District of Fulton County, Georgia; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-O-0457 ( 6)            An Ordinance by Finance/Executive Committee authorizing the Mayor or her designee to waive Article X (“The Procurement and Real Estate Code”) of the Atlanta City Code in order to enter into an Agreement with ING Financial Services pursuant to the Atlanta City Charter § 6-402 and to ratify prior services performed by ING Financial Services since January 1, 2008 for FC-7339-01, Defined Contribution Plan, on behalf of the Department of Finance, in an amount not to exceed $60,000.00; all contracted work will be charged to and paid from Fund, Account and Center Number 1001 (General Fund) 5212001 (Consultant/Professional Services) 1580000 (Unallocated Fund Wide Expenses); and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-O-0458 ( 7)            An Ordinance by Finance/Executive Committee to anticipate and appropriate Bond Proceeds in the amount of $63,760,000.00 from the Westside Tax Allocation District (TAD) Bond Series 2008B; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-O-0459 ( 8)            An Ordinance by Finance/Executive Committee to anticipate and appropriate Bond Proceeds in the amount of $64,500,000.00 from the BeltLine Tax Allocation District (TAD) Bond Series 2008; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION II  (CONT’D)

ORDINANCES FOR FIRST READING  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (CONT’D)

FELICIA A. MOORE, VICE-CHAIR

09-O-0460 ( 9)            An Ordinance by Finance/Executive Committee to amend the 2009 Budget (Community Development Fund) by adding to anticipations and appropriations in the amount of $12,316,082.00 under the Neighborhood Stabilization Program (NSP); and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-O-0461 (10)           An Ordinance by Finance/Executive Committee amending the Fiscal Year 2009 Budget by adding to anticipations and appropriations in Fiscal Year 2009 an additional funding amount of $30,885.10 from interest earnings accumulated from the escrow account from the Solid Waste Management Refunding Bond Series 2008 for the purpose of debt service; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-O-0462 (11)           An Ordinance by Finance/Executive Committee amending the 2009 (General Government Capital Outlay Fund) Budgets in the Departments of Public Works, Police, Fire Rescue, Parks, Recreation and Cultural Affairs, and Planning and Community Development by transferring $275,000.00 from the Reserve Appropriations Account (3502 200301 5999901 1540000) for the purpose of authorizing a City-wide Impact Fee Study pursuant to FC-6007000050 which is to be administered by the Department of Planning and Community Development; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-O-0463 (12)           An Ordinance by Finance/Executive Committee amending the 2009 (General Government Capital Outlay Fund) Budget Department of Planning and Community Development by transferring between accounts the current balance of $349,000.00 representing the Technology Surcharge Fees collected pursuant to 08-O-0875 in connection with Building Permit Applications reviewed by the Bureau of Buildings.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION II  (CONT’D)

ORDINANCES FOR FIRST READING  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (CONT’D)

FELICIA A. MOORE, VICE-CHAIR

09-O-0491 (13)           An Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer to amend the 2009 Airport Budget, on behalf of the Department of Aviation, in an amount not to exceed $200,000.00 by transferring funds from 5502 (Airport Renewal and Extension Fund) 000001 (Default/Balance Sheet) 5999901 (Reserve Conversion Account-Class 1) to 5502 (Airport Renewal and Extension Fund) 180203 (DOA Aviation Commercial Paper) 5730013 (Arbitrage Rebate) 7563000 (Airport), to pay 2008 Arbitrage Rebate due on the 2005B Commercial Paper Notes; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

CITY UTILITIES COMMITTEE

CARLA SMITH, CHAIR

09-O-0402 (14)           An Ordinance by City Utilities Committee authorizing the Chief Financial Officer to amend the FY 2009 Budget (Water and Wastewater Renewal and Extension Fund (5052-2J21)-Commercial Paper, Series I) in the amount of $800,000.00 to transfer funds from the Capital Projects Reserve for Appropriations and to add to appropriation funds for the South River Tunnel and Pumping Station; and for other purposes.

REFERRED TO CITY UTILITIES COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-O-0403 (15)           An Ordinance by City Utilities Committee authorizing the Mayor to execute a Franchise Renewal Agreement with NextG Networks of NY, Inc. d/b/a NextG Networks East, to provide telecommunications services using public right-of-way; specifying the compensation due to the City of Atlanta by the Franchise Agreement; and for other purposes.

REFERRED TO CITY UTILITIES COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT’D)

SECTION II  (CONT’D)

ORDINANCES FOR FIRST READING  (CONT’D)

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

JIM MADDOX, CHAIR

09-O-0407 (16)           An Ordinance by Community Development/Human Resources Committee to amend Sections 18 and 19 of the Atlanta Housing Code of 1987, Section 8-2094 of the Atlanta Commercial, Institutional, and Industrial Building Maintenance Code and to add a new Chapter 17 to the Land Development Code; so as to provide a new Minimum Fine Schedule for code violations; and for other purposes.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

CLETA WINSLOW, CHAIR

09-O-0412 (17)           An Ordinance by Public Safety and Legal Administration Committee to amend the 2009 (Intergovernmental Grant Fund) Budget, Executive Offices, Mayor’s Office of Weed and Seed, by adding to anticipations and appropriations in the amount of $380,098.00 from the Department of Justice Byrne Discretionary Grant; and for other purposes.

REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS


 

COMMITTEE REPORTS


Council President Lisa M. Borders Presided

COMMITTEE REPORTS

TRANSPORTATION COMMITTEE  (1)

CLAIR MULLER, CHAIR

Attendance at the March 11, 2009 meeting of the Transportation Committee was as follows:

Present:       Councilmembers Muller (Chair), Hall, Moore, Mitchell and Willis

Absent:        Councilmember Martin

The Standing Committee of Transportation did not have a report.


Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

ZONING COMMITTEE  (1)

IVORY L. YOUNG, JR., CHAIR

Attendance at the March 11, 2009 meeting of the Zoning Committee was as follows:

Present:       Councilmembers Young (Chair), Norwood, Archibong and Smith

Absent:        Councilmembers Martin, Fauver and Shook

ORDINANCES FOR SECOND READING

08-O-1701 ( 1)            An Ordinance by Community Development/Human

CDP-08-38                  Resources Committee to amend the Land Use Element of the City of Atlanta 2008 Atlanta Strategic Action Plan (ASAP) so as to re-designate properties that are located at 767, 777, 793, and 833 Memorial Drive and 810 Old Flat Shoals Road from “Industrial” Land Use Designation to “Mixed Use-High Density” Land Use Designation; and for other purposes.  (Public Hearing held 9/8/08) (Favorable by CD/HR Committee 3/10/09)

NPU-N                         Council District 5

ADOPTED BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

08-O-1769 ( 2)            An Amended Ordinance by Zoning Committee to rezone

Z-08-65                       from the R-5 (Two Family Residential) District to the MRC-3 (Mixed Residential Commercial) District, property located at 629 Highland Avenue, 214 Corley Street, NE and 221 Lampkin Street, NE, 229 Lampkin Street, and 235 Lampkin Street, NE, fronting approximately 5,144.59 feet on the south side of Highland Avenue, at the northeast intersection of Highland Avenue and Corley Street.

Depth:  271.42 Feet

Area:                Approximately 1.571 Acres

Land Lot:         19, 14th District, Fulton County, Georgia

Owner: James H. Bradshaw

Applicant:        Joseph Alcock

NPU-M            Council District 2

ADOPTED AS AMENDED BY A ROLL CALL VOTE OF 11 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

ZONING COMMITTEE  (2)

IVORY L. YOUNG, JR., CHAIR

ORDINANCES FOR SECOND READING  (CONT’D)

08-O-2119 ( 3)            An Ordinance by Community Development/Human

CDP-08-51                  Resources Committee to amend the Land Use Element of the 2008 Atlanta Strategic Action Plan (ASAP) so as to re-designate properties located at 629 Highland, 221, 229 and 235 Lampkin from the “Low Density Residential” Land Use Designations to the “Mixed Use-Low Density” Land Use Designation (Z-08-65); and for other purposes. (Public Hearing held 11/24/08) (Favorable by CD/HR Committee 3/10/09)

NPU-M                                    Council District 2

ADOPTED BY A ROLL CALL VOTE OF 11 YEAS; 0 NAYS

09-O-0290 ( 4)            An Ordinance by Community Development/Human

CDP-08-56                  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 2284 Alvin Drive, from the “Low Density Residential” Land Use Designation to the “Medium Density Residential” Land Use Designation (Z-08-82); and for other purposes.  (Public Hearing held 3/9/09) (Favorable by CD/HR Committee 3/10/09)

NPU-G                         Council District 9

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

09-O-0299 ( 5)            An Ordinance by Community Development/Human

CDP-09-09                  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 949 Mayson Turner Road and 132 Joseph E. Lowery Boulevard, from the “Single Family Residential” and “Low Density Residential” Land Use Designation to the “Low Density Commercial” Land Use Designation (Z-08-80); and for other purposes.  (Public Hearing held 3/9/09) (Favorable by CD/HR Committee 3/10/09)

NPU-K                                     Council District 3

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

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

ZONING COMMITTEE  (3)

IVORY L. YOUNG, JR., CHAIR

ZONING REVIEW BOARD SUMMARY REPORT

08-O-2315 ( 1)            An Ordinance by Councilmember Ivory Lee Young, Jr. to

Z-08-80                       rezone 949 Mayson Turner Road and 132 Joseph E. Lowery Blvd., S.W. located within the SPI-11 Vine City and Ashby Station Special Public Interest District from Subarea 6 (Washington Park Single Family) to Subarea 9 (Simpson Mixed Use); and for other purposes.

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

The following items (2 – 4) were taken as a collective vote.

08-O-1270 ( 2)            An Amended Ordinance by Zoning Committee to rezone

Z-08-45                       from the I-1-C (Light Industrial-Conditional) District to the MRC-3-C (Mixed Residential Commercial-Conditional) District, property located at 777, 767, 793 and 833 Memorial Drive, S.E. and 810 Old Flat Shoals Road, S.E., fronting approximately 425 feet on the south side of Memorial Drive and approximately 858 feet on the east side of Pearl Street and approximately 498 feet on the north side of Old Flat Shoals Road.  Depth: varies.  Area: approximately 9.17 acres.  Land Lot 21, 14th District, Fulton County, Georgia.  Owner: Calvin Covington and You Hyung Lee. Applicant: Brand Properties c/o M. Hakim Hilliard.  NPU- N  Council District 5.

ADOPTED AS AMENDED BY A ROLL CALL VOTE OF 11 YEAS; 0 NAYS

08-O-2438 ( 3)            An Amended Ordinance by Zoning Committee to rezone

Z-08-82                       from R4-A (Single Family Residential) District to the RG-3-C (Residential General-Sector 3-Conditional), property located at 2284 Alvin Drive, N.W. fronting approximately 215 feet on the south side of Alvin Drive beginning 268 feet from the northwest corner of Hollywood Road.  Depth: 227 feet.  Area: approximately 1.15 acres.  Land Lot 248, 174th District, Fulton County, Georgia.  Owner: Melvin McCord.  Applicant: Gordon Cooley.  NPU-G  Council District 9.

ADOPTED AS AMENDED BY A ROLL CALL VOTE OF 11 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

ZONING COMMITTEE  (4)

IVORY L. YOUNG, JR., CHAIR

ZONING REVIEW BOARD SUMMARY REPORT  (CONT’D)

09-O-0091 ( 4)            An Amended Ordinance by Zoning Committee to amend

U-08-31/U-03-19         Ordinance U-03-29 adopted by the City Council on

U-95-23A/U-93-17      September 2, 2003 and approved by the Mayor on

U-80-01                       September 10, 2003; Ordinance U-95-23A adopted by the City Council on October 2, 1995 and approved by Operation of Law on October 10, 1995; Ordinance U-93-17 adopted by the City Council on August 2, 1993 and approved by the Mayor on August 10, 1993 and Ordinance U-80-01, as amended, adopted by the City Council on March 3, 1980 and approved by the Mayor on March 10, 1980, granting a Special Use Permit for a private school property located at 1424 West Paces Ferry Road, N.W., so as to delete all previously adopted site plans and adopt a revised site plan.

ADOPTED AS AMENDED BY A ROLL CALL VOTE OF 11 YEAS; 0 NAYS

08-O-1264 ( 5)            An Ordinance by Zoning Committee to rezone from the I-2

Z-08-39                       (Heavy Industrial) District/BeltLine Overlay District to the MRC-3/BeltLine Overlay District (Mixed Residential Commercial) District, property located at 903 Huff Road, N.W., fronting approximately 935 feet on the north side of Huff Road, beginning 63.21 feet from the north corner of Seaboard Railroad and Huff Road.  Depth: varies.  Area: approximately 5.36 acres.  Land Lots 151 and 188, 17th District, Fulton County, Georgia.  Owner: Sisken Steel and Supply Company.  Applicant: Tishman Speyer Archstone-Smith, Multifamily Holdings I (Borrower A), L. P.  NPU-D  Council District 9.

FILED BY A ROLL CALL VOTE OF 11 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

ZONING COMMITTEE  (5)

IVORY L. YOUNG, JR., CHAIR

ORDINANCES FOR FIRST READING

The following items (1 – 4) were taken as a collective vote.

09-O-0484 ( 1)       An Ordinance by Zoning Committee to amend Ordinance

Z-09-04/               03-O-2244 (Z-03-82), adopted by the Council on March 1,

Z-03-82                 2004 and approved by the Mayor on March 9, 2004, which rezoned property from RG-3 (Residential General-Sector 3), C-1 (Community Business) and RG-4 (Residential General-Sector 4) Districts to the PD-MU (Planned Development-Mixed Use) District, for the purpose of a Site Plan Amendment.

                             REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

09-O-0485 ( 2)       An Ordinance by Zoning Committee to amend Ordinance

U-09-04                 U-98-04 which granted a Special Use Permit for a Church for the purpose of a Site Plan Amendment; and for other purposes.

                             REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

09-O-0486 ( 3)       An Ordinance by Zoning Committee granting a Special Use

U-09-05                 Permit pursuant to Section 16-08.005 (l)(f) and Section 16-05.005 (l)(g) of the City of Atlanta Zoning Ordinance for a Personal Care Home, property located at 2410 Benjamin E. Mays Drive, SW, approximately 142 feet on the southeasterly side of Benjamin E. Mays Drive.

Depth:                   Varies

Area:                     Approximately 1.7 Acres

Land Lot:               201, 14th District, Fulton County, Georgia

Owner:                  American Patriotic Charities, Inc.      

Applicant:              Tony Bryant/Purnell Investments

NPU-I                    Council District 11

REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

ZONING COMMITTEE  (6)

IVORY L. YOUNG, JR., CHAIR

ORDINANCES FOR FIRST READING  (CONT’D)

09-O-0487 ( 4)       An Ordinance by Zoning Committee granting a Special Use

U-09-06                 Permit pursuant to Section 16-18A.006(l) of the City of Atlanta Zoning Ordinance for a Church, property located at 115 Courtland Street, NE, approximately 233 feet on the north side of John Wesley Dobbs, and on the northeast side at the intersection of Courtland Avenue and John Wesley Dobbs.

Depth:                            Approximately 202 Feet

Area:                               Approximately 1.076 Acres

Land Lot:                        51, 14th District, Fulton County, Georgia

Owner:                            First Congregational Church, UCC

Applicant:                       Johnny L. Edwards

NPU-M                            Council District 2

REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS


Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (1)

FELICIA A. MOORE, VICE-CHAIR

Attendance at the March 11, 2009 meeting of the Finance/Executive Committee was as follows:

Present:       Councilmembers Moore (Vice-Chair), Muller, Maddox, Winslow and Smith

Absent:        Councilmember Shook

RESOLUTIONS

09-R-0471 ( 1)             A Resolution by Finance/Executive Committee authorizing the Mayor to execute Renewal Agreement No. 1 with Wachovia Bank, N.A., for FC-6006007879, Banking Services, on behalf of the Department of Finance; the fees associated with each account will be paid from the interest generated from that account, and in the event that the fees exceed the interest earnings, then the fees will be paid from the fund linked to that account; and for other purposes.

Councilmember Muller stated for the record her abstention to Resolution 09-R-0471 due to a potential conflict of interest.

ADOPTED BY A ROLL CALL VOTE OF 9 YEAS; 0 NAYS; 1 ABSTENTION

09-R-0489 ( 2)             A Resolution by Finance/Executive Committee opposing House Bill 558, De-annexation Procedures; now being considered by the Georgia General Assembly; and for other purposes.

Vice-Chairperson Moore made a Motion to bring forth a Substitute for Resolution 09-R-0489.  It was properly Seconded and the Motion CARRIED by a roll call vote of 10 yeas; 0 nays.  The Substitute was before Council.  Vice-Chairperson Moore then sounded the caption to the Substitute and made a Motion to Adopt.  Subsequently, the Motion CARRIED by a roll call vote of 10 yeas; 0 nays.

ADOPTED SUBSTITUTE BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

FINANCE/EXECUTIVE COMMITTEE  (2)

FELICIA A. MOORE, VICE-CHAIR

RESOLUTIONS  (CONT’D)

09-R-0492 ( 3)             A Resolution by Finance/Executive Committee authorizing the Mayor to execute amendment No. 2 to Contract FC-4734 Cooperative Agreement for Fast Track/Repairs/Construction Tasks between the City of Atlanta and Centennial Contractors Enterprises, Inc., on behalf of the Office of the Mayor, to include the relocation of Atlanta Police Department Furniture and Equipment from City Hall East to the new Public Safety Headquarters, in an amount not to exceed $250,000.00.  All funds shall be charged to and paid from Fund (7701), Dept 130308, Account 5239004, Funct/Act 4270000, Project 600098, Award 69999; and for other purposes.

Vice-Chairperson Moore sounded the caption to Resolution 09-R-0492 and noted it was forwarded from committee with No Recommendation on Condition (receipt of information on the contract).  Ms. Moore stated the condition was partially met, and as prerogative as Vice-Chair, made a Motion to Refer 09-R-0492 back to the Finance/Executive Committee.  It was properly Seconded and an extensive discussion ensued, during which, Councilmember Maddox made a Substitute Motion to Table.  It was properly Seconded and FAILED by a roll call vote of 7 yeas; 4 nays.  The original Motion to Refer was then before Council. Following, Councilmember Willis was recognized and CALLED the Question.  It was Seconded by Vice-Chairperson Moore and CARRIED by a roll call vote of 11 yeas; 0 nays.  The Motion to Refer was CARRIED and FAILED by a roll call vote of 7 yeas; 4 nays.  After which, Vice-Chairperson Moore made a Motion to File.  It was properly Seconded and discussion continued, in which, Councilmember Maddox made a Substitute Motion to Refer 09-R-0492 back to the Finance/Executive Committee.  It was Seconded by Vice-Chairperson Moore and CARRIED by a roll call vote of 11 yeas; 1 nay.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE BY A ROLL CALL VOTE OF 11 YEAS; 1 NAY


Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

COMMITTEE ON COUNCIL  (1)

FELICIA A. MOORE, CHAIR

Attendance at the March 16, 2009 meeting of the Committee on Council was as follows:

Present:       Councilmembers Moore (Chair), Winslow, Fauver, Norwood and Maddox

Absent:        Councilmember Archibong

COMMUNICATIONS

The following communications (09-C-0111 and 09-C-0472) were taken as a collective vote.

09-C-0111 ( 1)             A Communication by Mayor Shirley Franklin re-appointing Ms. Rita Samuels to serve as a member of the Atlanta Commission on Women for the City of Atlanta.  This re-appointment is for a term of two (2) years, to begin with the expiration of her previous appointment on 12/05/07.  (3rd appointment to expire 12/05/09; Held 2/2/09 to allow the appointee an opportunity to appear before the Committee.)

FILED BY A ROLL CALL VOTE OF 12 YEAS; O NAYS

09-C-0472 ( 2)             A Communication by Mayor Shirley Franklin appointing Mr. Randall Fox to serve as a member of the Fulton County Board of Health for the City of Atlanta.  This appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

FILED BY A ROLL CALL VOTE OF 12 YEAS; O NAYS

The following communications (3 – 10) were taken as a collective vote.

09-C-0390 ( 3)             A Communication by Mayor Shirley Franklin re-appointing Ms. Darlene M. Trigg to serve as a Taxicabs and Vehicles for Hire Hearing Officer for the City of Atlanta.  This re-appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.  (To expire 9/07/2010).  (Favorable by Public Safety & Legal Administration Committee 3/10/09.)

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

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

COMMITTEE ON COUNCIL  (2)

FELICIA A. MOORE, CHAIR

COMMUNICATIONS  (CONT’D)

09-C-0391 ( 4)             A Communication by Mayor Shirley Franklin re-appointing Mr. John Sparks to serve as a Taxicabs and Vehicles for Hire Hearing Officer for the City of Atlanta.  This re-appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.  (To expire 6/19/2010)  (Favorable by Public Safety & Legal Administration Committee 3/10/09)

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

09-C-0393 ( 5)             A Communication by Mayor Shirley Franklin re-appointing Mrs. Juanita Jones Abernathy to serve on the Metropolitan Atlanta Rapid Transit Authority (MARTA) Board of Directors for the City of Atlanta.  This re-appointment is for a term of four (4) years, scheduled to begin on the date of Council confirmation.  (To expire 12/06/2012)  (Favorable by Transportation Committee 3/11/09)

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

09-C-0394 ( 6)             A Communication by Mayor Shirley Franklin re-appointing Ms. Eva Davis to serve as a member of the Atlanta Housing Authority Board of Commissioners in the tenant category for the City of Atlanta.  This re-appointment is for a term of one (1) year, scheduled to begin on the date of Council confirmation.  (To expire 2/16/2010)  (Favorable by Community Development/Human Resources Committee 3/10/09)

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

09-C-0395 ( 7)             A Communication by Mayor Shirley Franklin re-appointing Mr. Elder James Brown to serve as a member of the Atlanta Housing Authority Board of Commissioners in the tenant category for the City of Atlanta.  This re-appointment is for a term of one (1) year, scheduled to begin on the date of Council confirmation.  (To expire 12/07/09)  (Favorable by Community Development/Human Resources Committee 3/10/09)

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

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

COMMITTEE ON COUNCIL  (3)

FELICIA A. MOORE, CHAIR

COMMUNICATIONS  (CONT’D)

09-C-0396 ( 8)             A Communication by Clerk Mark Massey to the Fulton County Board of Commissioners to Council President Lisa M. Borders submitting the Fulton County Board of Commissioners' re-appointment of Ms. L. Dianne Olansky (Position 6) to serve as the County's representative on the BeltLine TAD Advisory Committee.  This re-appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.  (Second appointment to expire on 12/31/2010)  (Favorable by Community Development/Human Resources Committee 3/10/09)

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

09-C-0474 ( 9)             A Communication by Mayor Shirley Franklin appointing Ms. Keyetta Holmes to serve as a member of the Zoning Review Board in the Municipal Planner Category for the City of Atlanta.  This appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.  (Favorable by Zoning Committee 3/11/09)

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

09-C-0475 (10)            A Communication by Mayor Shirley Franklin appointing Ms. Cassandra Lawson to serve as a Procurement Appeals Hearing Officer for the City of Atlanta.  This appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.  (Favorable by Finance/Executive Committee 3/11/09)

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

RESOLUTION

09-R-0495 ( 1)             A Resolution by Committee on Council expressing the City of Atlanta’s desire to add the Adamsville Recreation Center and Natatorium as an advance voting location for the City of Atlanta’s November 3, 2009 General Election and if necessary and practicable the City of Atlanta’s December 1, 2009 Run-off Election; and for other purposes.

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


Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

CITY UTILITIES COMMITTEE  (1)

CARLA SMITH, CHAIR

Attendance at the March 10, 2009 meeting of the City Utilities Committee was as follows:

Present:       Councilmembers Smith (Chair), Young, Archibong, Mitchell and Sheperd

Absent:        Councilmembers Muller and Shook

ORDINANCES FOR SECOND READING

09-O-0283 ( 1)            A Substitute Ordinance by City Utilities Committee authorizing the Chief Financial Officer to amend the FY 2009 Budget (2001 Water and Wastewater Bond Fund – 5057) in the amount of $15,384,000.00; to transfer funds from the Capital Projects Reserve (5057) for Appropriations and to add to appropriation funds for the Hemphill Finished Water Pump Station; and for other purposes.

Chairperson Smith sounded the caption to Ordinance 09-O-0283 and made a Motion to Amend the legislation by changing the dollar amount from $19,384,000.00 to $15,384.000.00.  It was properly Seconded and Smith Amendment #1/#1 CARRIED by a roll call vote of 12 yeas;. 0 nays.  Subsequently, Chairperson Smith made a Motion to Adopt on Substitute as Amended.  The Motion then CARRIED by a roll call vote of 11 yeas; 0 nays.

ADOPTED SUBSTITUTE AS AMENDED BY A ROLL CALL VOTE OF 11 YEAS; 0 NAYS

09-O-0284 ( 2)            An Ordinance by City Utilities Committee authorizing the Chief Financial Officer to amend the FY 2009 Budget (Water and Wastewater Renewal and Extension Fund (2J21/5052) Budget-Commercial Paper, Series I) in the amount of $67,931,421.71; to transfer funds from completed, realigned, postponed or discontinued projects to the Capital Projects Reserve for Appropriations; and for other purposes.

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

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

CITY UTILITIES COMMITTEE  (2)

CARLA SMITH, CHAIR

ORDINANCES FOR SECOND READING  (CONT’D)

09-O-0285 ( 3)            A Substitute Ordinance by City Utilities Committee to amend Chapter 154 (Utilities), Article III (Water), Division 3 (Rates, Charges and Related) of the City of Atlanta Code of Ordinances so as require that all newly constructed multi-family or mixed-use buildings containing residential units, install separate water meters for each residential unit; to require the installation of separate meters in multi-family or mixed used buildings undergoing major renovation involving the repair or replacement of plumbing fixtures; and for other purposes.

Chairperson Smith made a Motion to bring forth a Substitute for Ordinance 09-O-0285.  It was properly Seconded and the Motion CARRIED by a roll call vote of 12 yeas; 0 nays.  The Substitute was before Council.  Chairperson Smith then made a Motion to Adopt on Substitute.  A discussion ensued, after which, the Motion to Adopt on Substitute CARRIED by a roll call vote of 13 yeas; 0 nays.

ADOPTED SUBSTITUTE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

RESOLUTION

09-R-0406 ( 1)             A Substitute Resolution by City Utilities Committee authorizing the Mayor or her designee to enter into a Sewer Encroachment Agreement with property owner of 3185 Nancy Creek Rd., Atlanta, Georgia, for the purpose of allowing a certain pedestrian bridge to be located on and over a certain sanitary sewer easement and facilities and to indemnify and hold the City harmless for same; and for other purposes.

Chairperson Smith made a Motion to bring forth a Substitute for Resolution 09-R-0406.  It was properly Seconded and the Motion CARRIED by a roll call vote of 13 yeas; 0 nays.  The Substitute was before Council.  Chairperson Smith then sounded the caption to the Substitute and noted the changes.  After a brief discussion, Councilmember Muller made a Motion to Adopt on Substitute.  Subsequently, the Motion CARRIED by a roll call vote of 13 yeas; 0 nays.

ADOPTED SUBSTITUTE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS


Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE  (1)

JIM MADDOX, CHAIR

Attendance at the March 10, 2009 meeting of the Community Development/Human Resources Committee was as follows:

Present:       Councilmembers Maddox (Chair), Sheperd, Young, Mitchell, Norwood and Hall

Absent:        Councilmember Willis

ORDINANCE FOR SECOND READING

09-O-0399 ( 1)            An Amended Ordinance by Community Development/Human Resources Committee amending the Atlanta Tree Protection Ordinance, Section 158-101, by adding a new Section (j) that creates permitting procedures for tree removals arising from work performed by or at the direction of the City’s Department of Watershed Management to comply with the Federal CSO Consent Decree and First Amended Consent Decree; and for other purposes.

Municipal Clerk Rhonda Dauphin Johnson sounded the caption to Ordinance 09-O-0399 on behalf of Chairperson Maddox.  Mr. Maddox then stated the recommendation from committee was Favorable as Amended.  An extensive discussion ensued.  Following, the Motion to Adopt as Amended CARRIED by a roll call vote of 10 yeas; 2 nays.

ADOPTED AS AMENDED BY A ROLL CALL VOTE OF 10 YEAS; 2 NAYS

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE  (2)

JIM MADDOX, CHAIR

RESOLUTIONS

The following items (09-R-0410 and 09-R-0411) were taken as a collective vote.

09-R-0410 ( 1)             A Substitute Resolution by Community Development/Human Resources Committee authorizing the Mayor to execute Renewal Agreement Number One with Life Environmental Services, Inc., (Life) for FC-3007000040, lead-based paint risk assessment on behalf of the Department of Planning and Community Development, Bureau of Housing; all contracted work to be charged to and paid from Fund, Department Organization and Account Numbers listed herein; and for other purposes.

Municipal Clerk Rhonda Dauphin Johnson sounded the caption to Resolutions (09-R-0410 and 09-R-0411) on behalf of Chairperson Maddox.  Mr. Maddox stated the concerns of Councilmember Young have been addressed, therefore, made a Motion to Adopt both items on Substitute.  The Motion then CARRIED by a roll call vote of 11 yeas; 0 nays.

ADOPTED SUBSTITUTE BY A ROLL CALL VOTE OF 11 YEAS; 0 NAYS

09-R-0411 ( 2)             A Substitute Resolution by Community Development/Human Resources Committee authorizing the Mayor to execute Renewal Agreement Number One with Metropolitan Atlanta Community Development Corporation (MACDC) for FC-6006007914, Programmatic Services, on behalf of the Department of Planning and Community Development, Bureau of Housing; all contracted work to be charged to and paid from Fund, Department Organization and Account Numbers listed herein; and for other purposes.

Municipal Clerk Rhonda Dauphin Johnson sounded the caption to Resolutions (09-R-0410 and 09-R-0411) on behalf of Chairperson Maddox.  Mr. Maddox stated the concerns of Councilmember Young have been addressed, therefore, made a Motion to Adopt both items on Substitute.  The Motion then CARRIED by a roll call vote of 11 yeas; 0 nays.

ADOPTED SUBSTITUTE BY A ROLL CALL VOTE OF 11 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE  (3)

JIM MADDOX, CHAIR

ITEMS REMOVED FROM CONSENT AGENDA

09-O-0130 ( 1)            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)

Municipal Clerk Rhonda Dauphin Johnson sounded the caption to Ordinance 09-O-0130 on behalf of Chairperson Maddox.  Mr. Maddox stated the ordinance was removed from the Consent Agenda by request of Councilmember Shook.  Mr. Shook was then recognized and made a Motion to Refer 09-O-0130 back to the Community Development/Human Resources Committee.  It was properly Seconded and CARRIED by a roll call vote of 13 yeas; 0 nays.

REFERRED AS AMENDED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-O-0380 ( 2)            An Ordinance by Councilmember Jim Maddox as Substituted by Community Development/Human Resources Committee amending the 2009 (Community Development Fund) Budget by adding to anticipations and appropriations in the amount of $12,316,082.00 under the Neighborhood Stabilization Program (NSP); to fund various positions created under the Neighborhood Stabilization Program (NPS); and for other purposes. 

The above item was removed from the Consent Agenda by request of Councilmember Shook.  Municipal Clerk Rhonda Dauphin Johnson sounded the caption to Ordinance 09-O-0380 on behalf of Chairperson Maddox.  All concerns being satisfied, the Motion to Adopt on Substitute was then CARRIED by a roll call vote of 11 yeas; 2 nays.  However, Councilmember Winslow, who was on the prevailing side, made a Motion to Reconsider 09-O-0380.  It was seconded by Chairperson Maddox and the Motion CARRIED by a roll call vote of 13 yeas; 0 nays.  The ordinance was before Council.  Subsequently, the Motion to Adopt on Substitute CARRIED by a roll call vote of 12 yeas; 1 nay.

ADOPTED SUBSTITUTE BY A ROLL CALL VOTE OF 12 YEAS; 1 NAY


Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (1)

CLETA WINSLOW, CHAIR

Attendance at the March 10, 2009 meeting of the Public Safety and Legal Administration Committee was as follows:

Present:       Councilmembers Winslow (Chair), Hall, Fauver, Sheperd and Willis

Absent:        Councilmember Martin

ITEM REMOVED FROM CONSENT AGENDA

08-O-0843 ( 1)            An Ordinance by Councilmember Natalyn Archibong as Substituted by Public Safety and Legal Administration Committee to amend Sections 10-1, 10-88 and 10-88.1 of Chapter 10 (Entitled “Alcoholic Beverages”) of the Code of Ordinances of the City of Atlanta, Georgia so as to amend the definition of malt beverage such that it is consistent with State Law; to create a new definition of malt liquor as distinguished from malt beverages; to create a new license classification to be known as “Specialty Food Shop”; to establish distance exemptions, restrictions, and requirements with respect to Specialty Food Shops; to waive conflicting ordinances; and for other purposes.

The above item was removed from the Consent Agenda by request of Councilmember Norwood.  Chairperson Winslow sounded the caption to Ordinance 08-O-0843 and made a Motion to Refer the ordinance back to the Public Safety and Legal Administration Committee.  It was properly Seconded and discussion ensued, during which, Councilmember Archibong offered Amendment #1/#1.  It was Seconded by Councilmember Maddox, however, upon further discussion, Chairperson Winslow was then recognized and withdrew her Motion to Refer, and likewise, the Second was withdrawn in order for Councilmember Archibong to proceed with her Amendment.  Archibong Amendment #1/#1 “added the words Malt Beverage”.  An extensive discussion ensued, in which, Councilmember Archibong withdrew Amendment #1/#1 and the Second by Councilmember Maddox was withdrawn as well.  Following, Chairperson Winslow made a Motion to bring forth a Substitute.  It was properly Seconded and the Motion CARRIED by a roll call vote of 11 yeas; 1 nay.  The Substitute was before Council.  After which, Chairperson Winslow made a Motion to Adopt on Substitute.  Another discussion ensued, during which, Councilmember Moore made a Substitute Motion to Refer 08-O-0843 back to the Public

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (2)

CLETA WINSLOW, CHAIR

ITEM REMOVED FROM CONSENT AGENDA  (CONT’D)

08-O-0843 ( 1)            An Ordinance by Councilmember Natalyn Archibong as

(Cont’d)                       Substituted by Public Safety and Legal Administration Committee to amend Sections 10-1, 10-88 and 10-88.1 of Chapter 10 (Entitled “Alcoholic Beverages”) of the Code of Ordinances of the City of Atlanta, Georgia so as to amend the definition of malt beverage such that it is consistent with State Law; to create a new definition of malt liquor as distinguished from malt beverages; to create a new license classification to be known as “Specialty Food Shop”; to establish distance exemptions, restrictions, and requirements with respect to Specialty Food Shops; to waive conflicting ordinances; and for other purposes.

Safety and Legal Administration Committee.  It was Seconded by Councilmember Muller and discussion continued.  The Motion to Refer was then CARRIED and FAILED by a roll call vote of 2 yeas; 11 nays.  Thereafter, Chairperson Winslow made a Motion to Adopt on Substitute.  It was properly Seconded and a brief discussion ensued, in which, Councilmember Willis CALLED the Question.  Properly Seconded, the Motion CARRIED by a roll call vote of 11 yeas; 2 nays.  Subsequently, the Motion to Adopt on Substitute CARRIED by a roll call vote of 11 yeas; 2 nays.  After the vote was CARRIED, Chairperson Winslow made a Motion to Reconsider.  It was properly Seconded and CARRIED by a roll call vote of 13 yeas; 0 nays.  Ordinance 08-O-0843 was before the Council.  Councilmember Muller was then recognized and offered an Amendment to Section 1 (2)(a).  It was Seconded by Chairperson Winslow and a discussion ensued, during which, Councilmember Muller stated her Amendment to “delete all language after the words prohibited in Section 1 (2)(a).”  Discussion continued, thereafter, Muller Amendment #1/#1 FAILED by a roll call vote of 6 yeas; 6 nays.  Chairperson Winslow then made a Motion to Adopt on Substitute.  The Motion CARRIED by a roll call vote of 11 yeas; 2 nays.

ADOPTED SUBSTITUTE BY A ROLL CALL VOTE OF 11 YEAS; 2 NAYS


 

PERSONAL PAPERS


Council President Lisa M. Borders Presided

PERSONAL PAPERS

RESOLUTION/ADOPTED

09-R-0497 ( 1)             A Resolution by Councilmember Ceasar C. Mitchell as Amended by Full Council stating the intention of the Atlanta City Council to eliminate furloughs and fully fund sworn police and fire positions in the 2010 Budget and requests that the Mayor take into consideration and fund the 2010 Budget based on the priorities that the Atlanta City Council recommends; and for other purposes.

Councilmember Mitchell sounded Resolution 09-R-0497 and made a Motion to Adopt.  An extensive discussion ensued, during which, Councilmember Archibong offered an Amendment to omit “prior to any consideration of property tax increase.”  Discussion continued, in which, the Archibong Amendment was changed to add a new Whereas Clause to state “the Council has not determined its position regarding any proposed or contemplated tax increase.”  Councilmember Mitchell accepted the Archibong’s Friendly Amendment.  After which, the Motion to Adopt as Amended CARRIED by a roll call vote of 13 yeas; 0 nays.

ADOPTED AS AMENDED BY A ROLL CALL VOTE OF 13 YEAS; 0 NAY

ORDINANCES/REFERRED

09-O-0498 ( 1)            An Ordinance by Councilmembers Cleta Winslow and Jim Maddox amending the 2009 General Fund Budget in the Atlanta Police Department and Department of Public Works by transferring between accounts the sum of $250,000.00 for the purpose of reimbursing the Atlanta Police Department for costs associated with the Red Light Traffic Camera Program; and for other purposes.

REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

09-O-0499 ( 2)            An Ordinance by Councilmember Jim Maddox to amend Section 16-28A.010(46) of the City of Atlanta Sign Ordinance regulating the signage allowed in the Greenbriar Special Public Interest Zoning District (SPI 20), so as to permit free standing monument style shopping center signs in the Greenbriar Town Center District; allow the conversion of certain existing signage; and for other purposes.

REFERRED TO ZONING COMMITTEE WITHOUT OBJECTION

Council President Lisa M. Borders Presided

PERSONAL PAPERS  (CONT’D)

ORDINANCES/REFERRED  (CONT’D)

09-O-0500 ( 3)            An Ordinance by Councilmember Ceasar C. Mitchell to transfer $18,000.00 from Post 1 At-Large Councilmember expense account to the Department of Public Works to be used to assist in funding the Cahaba Drive Walking Path Project; and for other purposes.

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

09-O-0501 ( 4)            An Ordinance by Councilmember Natalyn Archibong to rezone property located at 126, 130, 134, 140 Mayson Avenue, N.E. and 1469, 1471, 1472 (also known as 1470), 1473, 1475, 1477, 1479, 1481, 1483 Chipley Street, N.E. from MR-3 to MR-3-C for the purpose of adding conditions.

                                    REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE WITHOUT OBJECITON

09-O-0502 ( 5)            An Ordinance by Councilmember Natalyn Archibong to rezone property located at 1412, 1416, 1418, 1420 Hardee Street, S.E. and 84, 86, 90, 96, 104, 108, 112, 116, 120, 124, 128, 134, 140, 146, 150, 156, 162, 166, 170, 174 and 178 Hutchinson Street, S.E. from MR-3 to MR-3-C for the purpose of adding conditions.

                                    REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE WITHOUT OBJECITON

09-O-0503 ( 6)            An Ordinance by Councilmember Natalyn Archibong to rezone property located at 18, 24, 30, 36, 42, 48, 54 Montgomery Street, S.E. and 19, 25, 31, 37, 43, 47, 53 Hutchinson Street, S.E. from MR-3 to MR-3-C for the purpose of adding conditions.

                                    REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE WITHOUT OBJECITON

09-O-0506 ( 7)            An Ordinance by Councilmembers Natalyn Mosby Archibong and Anne Fauver authorizing the Mayor or her designee (Law Department) to aggressively pursue the City of Atlanta’s portion of the DeKalb County Homestead Option Sales Tax (Host); and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECITON

Council President Lisa M. Borders Presided

PERSONAL PAPERS  (CONT’D)

RESOLUTIONS/REFERRED

09-R-0504 ( 1)             A Resolution by Councilmember Natalyn Archibong authorizing the Bureau of Planning to recognize as a nonconforming lot of record, a lot located at 362 Connecticut Avenue, N.E., that has been created as the result of previously issued building permits and that presently has a house located on it.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECITON

09-R-0505 ( 2)             A Resolution by Councilmember Natalyn Archibong authorizing the Bureau of Planning to recognize as a nonconforming lot of record, a lot located at 368 Connecticut Avenue, N.E., that has been created as the result of previously issued building permits and that presently has a house located on it.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECITON


 

ADJOURNMENT


Council President Lisa M. Borders Presided

ADJOURNMENT

There being no further business to discuss, the March 16, 2009 meeting of the Atlanta City Council was adjourned at 5:56p.m.

ADJOURNMENT ROLL CALL:  Council President Lisa M. Borders (1); Councilmembers Smith, Hall, Young, Winslow, Archibong, Fauver, Shook, Muller, Moore, Maddox, Mitchell, Norwood and Willis (13).

 

 

Session for 2006


ROLL CALL

Legislative Session Day
Monday, March 16, 2009

ATTENDANCE Outcome: ATTENDANCE RCS #:
2825

Total Votes: 16 Yea: 10 Nay: 0 Not 0 Excused: 0 Pair Yes: 0 Absent: 6 PAR: 0

Yea:
: Borders, Fauver, Hall, Maddox, Moore, Muller, Norwood, Shook, Smith, Young

Absent:
: Archibong, Martin, Mitchell, Sheperd, Willis, Winslow

ATTENDANCE Outcome: ATTENDANCE RCS #:
2826

Total Votes: 16 Yea: 12 Nay: 0 Not 0 Excused: 0 Pair Yes: 0 Absent: 4 PAR: 0

Yea:
: Borders, Fauver, Hall, Maddox, Mitchell, Moore, Muller, Norwood, Shook, Smith, Willis, Young

Absent:
: Archibong, Martin, Sheperd, Winslow

ATTENDANCE Outcome: ATTENDANCE RCS #:
2827

Total Votes: 16 Yea: 13 Nay: 0 Not 0 Excused: 0 Pair Yes: 0 Absent: 3 PAR: 0

Yea:
: Borders, Fauver, Hall, Maddox, Mitchell, Moore, Muller, Norwood, Shook, Smith, Willis, Winslow, Young

Absent:
: Archibong, Martin, Sheperd

ATTENDANCE Outcome: ATTENDANCE RCS #:
2828

Total Votes: 16 Yea: 14 Nay: 0 Not 0 Excused: 0 Pair Yes: 0 Absent: 2 PAR: 0

Yea:
: Archibong, Borders, Fauver, Hall, Maddox, Mitchell, Moore, Muller, Norwood, Shook, Smith, Willis, Winslow, Young

Absent:
: Martin, Sheperd


CONSENT I EXCEPT 09-O-0130,09-O-0380,08-O-0843 Outcome: PASSED RCS #:
2829

ADOPT

Total Votes: 16 Yea: 13 Nay: 0 Not 1 Excused: 0 Pair Yes: 0 Absent: 2 PAR: 0

Yea:
: Archibong, Fauver, Hall, Maddox, Mitchell, Moore, Muller, Norwood, Shook, Smith, Willis, Winslow, Young

Not Voting:
: Borders

Absent:
: Martin, Sheperd

CONSENT II Outcome: PASSED RCS #:
2830

REFER

Total Votes: 16 Yea: 13 Nay: 0 Not 1 Excused: 0 Pair Yes: 0 Absent: 2 PAR: 0

Yea:
: Archibong, Fauver, Hall, Maddox, Mitchell, Moore, Muller, Norwood, Shook, Smith, Willis, Winslow, Young

Not Voting:
: Borders

Absent:
: Martin, Sheperd

08-O-1701 AMEND ASAP TO REDESIGN.PROP.ON Outcome: PASSED RCS #:
2831

MEMORIAL AND FLAT SHOALS

ADOPT

Total Votes: 16 Yea: 10 Nay: 0 Not 4 Excused: 0 Pair Yes: 0 Absent: 2 PAR: 0

Yea:
: Archibong, Fauver, Maddox, Mitchell, Moore, Muller, Norwood, Willis, Winslow, Young

Not Voting:
: Borders, Hall, Shook, Smith

Absent:
: Martin, Sheperd

08-O-1769 REZONE FR.R-5 TO MRC 3 AT HIGHLAND AND Outcome: PASSED RCS #:
2832

LAMPKIN STREET

ADOPT AS AMEND

Total Votes: 16 Yea: 11 Nay: 0 Not 3 Excused: 0 Pair Yes: 0 Absent: 2 PAR: 0

Yea:
: Archibong, Fauver, Maddox, Mitchell, Moore, Muller, Norwood, Shook, Willis, Winslow, Young

Not Voting:
: Borders, Hall, Smith

Absent:
: Martin, Sheperd


08-O-2119 AMEND ASAP TO REDESIGN.PROP ON Outcome: PASSED RCS #:
2833

HIGHLAND AND LAMPKIN

ADOPT

Total Votes: 16 Yea: 11 Nay: 0 Not 3 Excused: 0 Pair Yes: 0 Absent: 2 PAR: 0

Yea:
: Archibong, Fauver, Maddox, Mitchell, Moore, Muller, Norwood, Shook, Willis, Winslow, Young

Not Voting:
: Borders, Hall, Smith

Absent:
: Martin, Sheperd

09-O-0290 AMEND ASAP TO REDESIG.PROP.AT 2284 Outcome: PASSED RCS #:
2834

ALVIN DR.FR.LOW DENS.RES.TOMED.DENS.RES

ADOPT

Total Votes: 16 Yea: 12 Nay: 0 Not 2 Excused: 0 Pair Yes: 0 Absent: 2 PAR: 0

Yea:
: Archibong, Fauver, Hall, Maddox, Mitchell, Moore, Muller, Norwood, Shook, Willis, Winslow, Young

Not Voting:
: Borders, Smith

Absent:
: Martin, Sheperd

09-O-0299 AMEND ASAP TO REDES.PROP.AT NAYSON Outcome: PASSED RCS #:
2835

TURNE JOSEPH LOWERY FR.SIN.FAM.TO LOW

DENS

ADOPT

Total Votes: 16 Yea: 13 Nay: 0 Not 1 Excused: 0 Pair Yes: 0 Absent: 2 PAR: 0

Yea:
: Archibong, Fauver, Hall, Maddox, Mitchell, Moore, Muller, Norwood, Shook, Smith, Willis, Winslow, Young

Not Voting:
: Borders

Absent:
: Martin, Sheperd

08-O-2315 SPI 11 VINE CITY ASHBY STATION SUBAREA 6 Outcome: PASSED RCS #:
2836

TO SUBAREA 9

ADOPT

Total Votes: 16 Yea: 13 Nay: 0 Not 1 Excused: 0 Pair Yes: 0 Absent: 2 PAR: 0

Yea:
: Archibong, Fauver, Hall, Maddox, Mitchell, Moore, Muller, Norwood, Shook, Smith, Willis, Winslow, Young

Not Voting:
: Borders

Absent:
: Martin, Sheperd


MULTIPLE 08-O-1270,08-O-2438,09-O-0091 Outcome: PASSED RCS #:
2837

ADOPT AS AMEND

Total Votes: 16 Yea: 12 Nay: 0 Not 2 Excused: 0 Pair Yes: 0 Absent: 2 PAR: 0

Yea:
: Archibong, Hall, Maddox, Mitchell, Moore, Muller, Norwood, Shook, Smith, Willis, Winslow, Young

Not Voting:
: Borders, Fauver

Absent:
: Martin, Sheperd

08-O-1264 903 HUFF RD.CHANGE FR.I-2 TO MR-4A Outcome: PASSED RCS #:
2838

FILE

Total Votes: 16 Yea: 11 Nay: 0 Not 3 Excused: 0 Pair Yes: 0 Absent: 2 PAR: 0

Yea:
: Fauver, Hall, Maddox, Mitchell, Moore, Muller, Shook, Smith, Willis, Winslow, Young

Not Voting:
: Archibong, Borders, Norwood

Absent:
: Martin, Sheperd

MULTIPLE 09-O-0484,09-O-0485,09-O-0486,09-O-0487 Outcome: PASSED RCS #:
2839

REFER ZRB/ZONE

Total Votes: 16 Yea: 10 Nay: 0 Not 4 Excused: 0 Pair Yes: 0 Absent: 2 PAR: 0

Yea:
: Fauver, Hall, Maddox, Mitchell, Moore, Muller, Shook, Smith, Winslow, Young

Not Voting:
: Archibong, Borders, Norwood, Willis

Absent:
: Martin, Sheperd

09-R-0471 AUTH.MAYOR TO EXECUTE RENEWAL Outcome: PASSED RCS #:
2840

AGREE.1 W/WACHOVIA BANK NA

ADOPT

Total Votes: 16 Yea: 9 Nay: 0 Not 3 Excused: 1 Pair Yes: 1 Absent: 2 PAR: 0

Yea:
: Fauver, Hall, Maddox, Moore, Shook, Smith, Willis, Winslow, Young

Not Voting:
: Archibong, Borders, Norwood

Excused:
: Mitchell

Pair Yes:
: Muller

Absent:
: Martin, Sheperd


09-R-0489 OPPOSING HOUSE BILL 558 DE ANNEXATION Outcome: PASSED RCS #:
2841

PROCEDURES

BRING SUB FWD

Total Votes: 16 Yea: 10 Nay: 0 Not 3 Excused: 1 Pair Yes: 0 Absent: 2 PAR: 0

Yea:
: Fauver, Hall, Maddox, Moore, Muller, Shook, Smith, Willis, Winslow, Young

Not Voting:
: Archibong, Borders, Norwood

Excused:
: Mitchell

Absent:
: Martin, Sheperd

09-R-0489 OPPOSING HOUSE BILL 558 DE ANNEXATION Outcome: PASSED RCS #:
2842

PROCEDURES

ADOPT ON SUB

Total Votes: 16 Yea: 10 Nay: 0 Not 3 Excused: 1 Pair Yes: 0 Absent: 2 PAR: 0

Yea:
: Fauver, Hall, Maddox, Moore, Muller, Shook, Smith, Willis, Winslow, Young

Not Voting:
: Archibong, Borders, Norwood

Excused:
: Mitchell

Absent:
: Martin, Sheperd

09-R-0492 AUTH.MAYOR TO EXECUTE AMEND.2 W/ Outcome: PASSED RCS #:
2843

CENTENNIAL CONTRACTORS ENTERPRISES

TABLE

Total Votes: 16 Yea: 7 Nay: 4 Not 3 Excused: 0 Pair Yes: 0 Absent: 2 PAR: 0

Yea:
: Hall, Maddox, Mitchell, Norwood, Smith, Winslow, Young

Nay:
: Moore, Muller, Shook, Willis

Not Voting:
: Archibong, Borders, Fauver

Absent:
: Martin, Sheperd

PROCEDURE CALL THE QUESTION Outcome: PASSED RCS #:
2844

Total Votes: 16 Yea: 11 Nay: 0 Not 3 Excused: 0 Pair Yes: 0 Absent: 2 PAR: 0

Yea:
: Hall, Maddox, Mitchell, Moore, Muller, Norwood, Shook, Smith, Willis, Winslow, Young

Not Voting:
: Archibong, Borders, Fauver

Absent:
: Martin, Sheperd


09-R-0492 AUTH.MAYOR TO EXECUTE AMEND.2 W/ Outcome: PASSED RCS #:
2845

CENTENNIAL CONTRACTORS ENTERPRISES

REFER/FINANCE

Total Votes: 16 Yea: 7 Nay: 4 Not 3 Excused: 0 Pair Yes: 0 Absent: 2 PAR: 0

Yea:
: Mitchell, Moore, Muller, Norwood, Shook, Willis, Young

Nay:
: Hall, Maddox, Smith, Winslow

Not Voting:
: Archibong, Borders, Fauver

Absent:
: Martin, Sheperd

09-R-0492 AUTH.MAYOR TO EXECUTE AMEND.2 W/ Outcome: PASSED RCS #:
2846

CENTENNIAL CONTRACTORS ENTERPRISES

REFER/FINANCE

Total Votes: 16 Yea: 11 Nay: 1 Not 2 Excused: 0 Pair Yes: 0 Absent: 2 PAR: 0

Yea:
: Fauver, Hall, Maddox, Mitchell, Moore, Muller, Norwood, Shook, Smith, Willis, Young

Nay:
: Archibong

Not Voting:
: Borders, Winslow

Absent:
: Martin, Sheperd

MULTIPLE 09-C-0111,09-C-0472 Outcome: PASSED RCS #:
2847

FILE

Total Votes: 16 Yea: 12 Nay: 0 Not 2 Excused: 0 Pair Yes: 0 Absent: 2 PAR: 0

Yea:
: Archibong, Fauver, Hall, Maddox, Mitchell, Moore, Muller, Shook, Smith, Willis, Winslow, Young

Not Voting:
: Borders, Norwood

Absent:
: Martin, Sheperd

MULTIPLE 09-C-0390,09-C-0391,09-C-0393,09-C-0394 09-C- Outcome: PASSED RCS #:
2848

0395,09-C-0396,09-C-0474,09-C-0475

CONFIRM

Total Votes: 16 Yea: 13 Nay: 0 Not 1 Excused: 0 Pair Yes: 0 Absent: 2 PAR: 0

Yea:
: Archibong, Fauver, Hall, Maddox, Mitchell, Moore, Muller, Norwood, Shook, Smith, Willis, Winslow, Young

Not Voting:
: Borders

Absent:
: Martin, Sheperd


09-R-0495 ADD THE ADAMSVILLE REC.CENTER AS Outcome: PASSED RCS #:
2849

ADVANCE VOTING LOCATION FOR NOV.3 2006

ELECTION

ADOPT

Total Votes: 16 Yea: 12 Nay: 0 Not 2 Excused: 0 Pair Yes: 0 Absent: 2 PAR: 0

Yea:
: Archibong, Fauver, Hall, Maddox, Mitchell, Moore, Norwood, Shook, Smith, Willis, Winslow, Young

Not Voting:
: Borders, Muller

Absent:
: Martin, Sheperd

09-O-0283 AUTH.CFO TO AMEND FY 2009 BUDGET(2001 Outcome: PASSED RCS #:
2850

WATER AND WASTEWATER BOND FUND)

AMEND1/SMITH 1

Total Votes: 16 Yea: 12 Nay: 0 Not 2 Excused: 0 Pair Yes: 0 Absent: 2 PAR: 0

Yea:
: Archibong, Fauver, Hall, Maddox, Mitchell, Moore, Muller, Shook, Smith, Willis, Winslow, Young

Not Voting:
: Borders, Norwood

Absent:
: Martin, Sheperd

09-O-0283 AUTH.CFO TO AMEND FY 2009 BUDGET(2001 Outcome: PASSED RCS #:
2851

WATER AND WASTEWATER BOND FUND)

ADOPT/SUB/AMEND

Total Votes: 16 Yea: 11 Nay: 0 Not 3 Excused: 0 Pair Yes: 0 Absent: 2 PAR: 0

Yea:
: Fauver, Hall, Maddox, Mitchell, Moore, Muller, Shook, Smith, Willis, Winslow, Young

Not Voting:
: Archibong, Borders, Norwood

Absent:
: Martin, Sheperd

09-O-0284 AUTH.CFO TO AMEND FY 2009 Outcome: PASSED RCS #:
2852

BUDGET(WATER AND WASTEWATER

RENEWAL AND EXTENSION FD

FILE

Total Votes: 16 Yea: 12 Nay: 0 Not 2 Excused: 0 Pair Yes: 0 Absent: 2 PAR: 0

Yea:
: Archibong, Fauver, Hall, Maddox, Mitchell, Moore, Muller, Shook, Smith, Willis, Winslow, Young

Not Voting:
: Borders, Norwood

Absent:
: Martin, Sheperd


09-O-0285 AMEND CHAP.154 ART.III DIV.3 OF THE CITY Outcome: PASSED RCS #:
2853

CODE OF ORDINANCES

BRING SUB FWD

Total Votes: 16 Yea: 12 Nay: 0 Not 2 Excused: 0 Pair Yes: 0 Absent: 2 PAR: 0

Yea:
: Archibong, Fauver, Hall, Maddox, Mitchell, Moore, Muller, Shook, Smith, Willis, Winslow, Young

Not Voting:
: Borders, Norwood

Absent:
: Martin, Sheperd

09-O-0285 AMEND CHAP.154 ART.III DIV.3 OF THE CITY Outcome: PASSED RCS #:
2854

CODE OF ORDINANCES

ADOPT ON SUB

Total Votes: 16 Yea: 13 Nay: 0 Not 1 Excused: 0 Pair Yes: 0 Absent: 2 PAR: 0

Yea:
: Archibong, Fauver, Hall, Maddox, Mitchell, Moore, Muller, Norwood, Shook, Smith, Willis, Winslow, Young

Not Voting:
: Borders

Absent:
: Martin, Sheperd

09-R-0406 AUTH.MAYOR TO ENTER SEWER Outcome: PASSED RCS #:
2855

ENCROACHMENT AGREE.W/PROP.OWNER AT

3185 NANCY CREEK R

BRING SUB FWD

Total Votes: 16 Yea: 13 Nay: 0 Not 1 Excused: 0 Pair Yes: 0 Absent: 2 PAR: 0

Yea:
: Archibong, Fauver, Hall, Maddox, Mitchell, Moore, Muller, Norwood, Shook, Smith, Willis, Winslow, Young

Not Voting:
: Borders

Absent:
: Martin, Sheperd

09-R-0406 AUTH.MAYOR TO ENTER SEWER Outcome: PASSED RCS #:
2856

ENCROACHMENT AGREE.W/PROP.OWNER AT

3185 NANCY CREEK R

ADOPT ON SUB

Total Votes: 16 Yea: 13 Nay: 0 Not 1 Excused: 0 Pair Yes: 0 Absent: 2 PAR: 0

Yea:
: Archibong, Fauver, Hall, Maddox, Mitchell, Moore, Muller, Norwood, Shook, Smith, Willis, Winslow, Young

Not Voting:
: Borders

Absent:
: Martin, Sheperd


09-O-0399 AMEND ATLANTA TREE PROTECTION Outcome: PASSED RCS #:
2857

ORDINANCE SEC.158-101

ADOPT AS AMEND

Total Votes: 16 Yea: 10 Nay: 2 Not 2 Excused: 0 Pair Yes: 0 Absent: 2 PAR: 0

Yea:
: Archibong, Hall, Maddox, Mitchell, Moore, Muller, Smith, Willis, Winslow, Young

Nay:
: Fauver, Shook

Not Voting:
: Borders, Norwood

Absent:
: Martin, Sheperd

MULTIPLE 09-R-0410,09-R-0411 Outcome: PASSED RCS #:
2858

ADOPT

Total Votes: 16 Yea: 11 Nay: 0 Not 3 Excused: 0 Pair Yes: 0 Absent: 2 PAR: 0

Yea:
: Fauver, Hall, Maddox, Mitchell, Moore, Muller, Norwood, Shook, Smith, Willis, Young

Not Voting:
: Archibong, Borders, Winslow

Absent:
: Martin, Sheperd

09-O-0130 AMEND ASAP BY ADOPTING ATLANTA Outcome: PASSED RCS #:
2859

BELTLINE MASTER PLAN SUBAREA 7

REFER CDHR

Total Votes: 16 Yea: 13 Nay: 0 Not 1 Excused: 0 Pair Yes: 0 Absent: 2 PAR: 0

Yea:
: Archibong, Fauver, Hall, Maddox, Mitchell, Moore, Muller, Norwood, Shook, Smith, Willis, Winslow, Young

Not Voting:
: Borders

Absent:
: Martin, Sheperd

09-O-0380 AMEND 2009 (COMM.DEVELOP.FUND)BUDGET Outcome: PASSED RCS #:
2860

BY ADDING APPROPR.UNDER NSP FUNDS

ADOPT

Total Votes: 16 Yea: 11 Nay: 2 Not 1 Excused: 0 Pair Yes: 0 Absent: 2 PAR: 0

Yea:
: Archibong, Hall, Maddox, Mitchell, Moore, Muller, Norwood, Smith, Willis, Winslow, Young

Nay:
: Fauver, Shook

Not Voting:
: Borders

Absent:
: Martin, Sheperd


09-O-0380 AMEND 2009 (COMM.DEVELOP.FUND)BUDGET Outcome: PASSED RCS #:
2861

BY ADDING APPROPR.UNDER NSP FUNDS

RECONSIDER

Total Votes: 16 Yea: 13 Nay: 0 Not 1 Excused: 0 Pair Yes: 0 Absent: 2 PAR: 0

Yea:
: Archibong, Fauver, Hall, Maddox, Mitchell, Moore, Muller, Norwood, Shook, Smith, Willis, Winslow, Young

Not Voting:
: Borders

Absent:
: Martin, Sheperd

09-O-0380 AMEND 2009 (COMM.DEVELOP.FUND)BUDGET Outcome: PASSED RCS #:
2862

BY ADDING APPROPR.UNDER NSP FUNDS

ADOPT

Total Votes: 16 Yea: 12 Nay: 1 Not 1 Excused: 0 Pair Yes: 0 Absent: 2 PAR: 0

Yea:
: Archibong, Fauver, Hall, Maddox, Mitchell, Moore, Muller, Norwood, Smith, Willis, Winslow, Young

Nay: