Monday, August 24, 2009

ATLANTA CITY COUNCIL

ACTION/MINUTES

AUGUST 17, 2009

The Atlanta City Council held its Regularly Scheduled Meeting on Monday, August 17, 2009.  The Meeting convened at 1:13 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.  The Honorable Council President Pro Tempore Natalyn Archibong presided a portion of the meeting.

Attendance:

The following (14) voting members were present at the Meeting:

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

Councilmember Joyce Sheperd was absent.

INVOCATION: Chaplain Thomas Houston of Atlanta Fire and Rescue 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: Rhonda Dauphin Johnson, Municipal Clerk, certified to the Council and the Committee on Council that the Action/Minutes of the July 20, 2009 Regular Meeting are true and correct.  The Minutes were FILED without objection.

REMARKS BY THE PUBLIC: During the Remarks by the Public, Council President Lisa M. Borders stated the allotted time sixty-minutes had elapsed for Public Speaking.  Ms. Borders then entertained a Motion to extend the remarks by the public for the remaining speakers.  Subsequently, Councilmember Martin made the Motion to Suspend the Rules of Council for an additional thirty-two minutes to accommodate the remaining speakers.  It was properly Seconded and the Motion CARRIED by a roll call vote of 11 yeas; 0 nays.  Therefore, public speaking continued for the remaining speakers.

COMMUNICATIONS

Council President Lisa M. Borders Presided

COMMUNICATIONS

09-C-1393 ( 1)        A Communication by Chief Financial Officer James Glass submitting the Department of Watershed Management’s Administrative Write-Offs of uncollectible account receivables in compliance with Ordinance 90-O-1324.

                             FILED WITHOUT OBJECTION

09-C-1397 ( 2)        A Communication by Chair John Lewis, Board of Ethics, to Municipal Clerk Rhonda Dauphin Johnson submitting the Atlanta-Fulton County League of Women Voters’ three (3) year re-appointment of Ms. Maryanne Gaunt to the Board of Ethics, retroactive to July 17, 2009. (does not require Council confirmation).

FILED WITHOUT OBJECTION

09-C-1398 ( 3)        A Communication by Chief Procurement Officer Adam L. Smith submitting the August 2009 Monthly Contracts Report to the Atlanta City Council and Clerk of Council pursuant to Section 2-1142 of the Atlanta City Code of Ordinances.

FILED WITHOUT OBJECTION

09-C-1412 ( 4)        A Communication by Councilmembers Joyce Sheperd, Felicia A. Moore, C. T. Martin, Jim Maddox and H. Lamar Willis appointing Ms. Miriam Crawford to serve as a member of the Atlanta Housing Authority Housing Choice Community Advisory Board.  (not a City board)

FILED 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 08-O-0824 and 09-R-1389 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, Winslow, Archibong, Fauver, Shook, Muller, Moore, Martin, Maddox, Mitchell, Norwood and Willis; 0 Nays.

SECTION I

ORDINANCES FOR SECOND READING

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

CLETA WINSLOW, CHAIR

08-O-0824 ( 1)       An Ordinance by Councilmembers Ceasar C. Mitchell, Cleta Winslow, Joyce M. Sheperd, Mary Norwood, C. T. Martin, Ivory L. Young, Jr., Kwanza Hall and H. Lamar Willis to amend Article V (Entitled “Offenses by and against Minors”) of Chapter 106 of the Code of Ordinances of the City of Atlanta, Georgia, by creating a new Section 106-229 to be entitled “Day-Time Curfew” so as to impose a Day-Time Curfew on minors, ages six (6) to sixteen (16) years; and for other purposes 

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

SEE PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE REPORT

09-O-1289 ( 2)       An Ordinance by Public Safety and Legal Administration Committee to accept a grant from the United States Department of Homeland Security (DHS), to aid the City of Atlanta’s ongoing efforts to protect itself from terrorist bomb attacks through the purchase of specialized equipment, and to amend the 2010 (Intergovernmental Grant Fund) Department of Police Budget, by adding to anticipations and appropriations in the amount of $459,700.00; 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)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT’D)

CLETA WINSLOW, CHAIR

09-O-1290 ( 3)       An Ordinance by Public Safety and Legal Administration Committee amending the FY10 (Intergovernmental Grant Fund) Budget for the City of Atlanta Municipal Court, Community Court Division, by adding to anticipations and appropriations a Supplemental Award in the amount of $50,000.00 and Grant Extension through June 30, 2010 from the Criminal Justice Coordinating Council for the purpose of continuing the provision of a Restorative Board in the English Ave./Vine City Area of Atlanta; and for other purposes.

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

TRANSPORTATION COMMITTEE

CLAIR MULLER, CHAIR

09-O-1221 ( 4)       A Substitute Ordinance as Amended by Transportation Committee amending the 2009 (Agency Fund) Budget by transferring from and to appropriations in the amount of $527,000.00 from an escrow account to the Department of Public Works Office of Transportation to fund the Edgewood Retail District Traffic Calming Project; and for other purposes.

ADOPTED SUBSTITUTE 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)

FINANCE/EXECUTIVE COMMITTEE

FELICIA A. MOORE, VICE-CHAIR

09-O-0821 ( 5)       An Ordinance by Councilmembers Carla Smith and Cleta Winslow as Substituted by Finance/Executive Committee to (1) authorize the execution and delivery of a First Amendment to Intergovernmental Agreement among the City of Atlanta, the Atlanta Development Authority and the Atlanta Independent School System, (2) amend the Master Indenture of Trust with respect to the City of Atlanta Tax Allocation Bonds (BeltLine Project) to provide for BeltLine Tax Allocation Increments to include amounts calculated based upon taxes levied by the Board of Education of the City of Atlanta as security for BeltLine Bonds, (3) provide for the issuance and sale of Tax Allocation Bonds (BeltLine Project), in Multiple Series, from time to time in an aggregate principal amount not to exceed $267,090,000.00, (4) provide for the issuance and sale, in Multiple Series, of Tax Allocation Bonds (BeltLine Project), Series 2009 (or other designated Series) in the aggregate principal amount of not to exceed $164,675,000.00 for the purpose of (A) Prepaying Certain Obligations of the City due in respect of the BeltLine Project pursuant to an Intergovernmental Agreement with the Downtown Development Authority, (B) refunding certain previously issued Series 2008 Tax Allocation Bonds and (C) providing funds to pay, or to be applied or contributed toward, the payment of other redevelopment costs identified herein (The “Series 2009 Projects”), (5) authorize paying expenses incident to accomplishing all of the foregoing, (6) authorize the execution of financing documents in respect of the refunding and the projects in the BeltLine TAD including the 2009 Projects, including a Second Supplemental Indenture of Trust with respect to the Series 2009 Bonds and a Bond Purchase Contract, and (7) authorize certain other related actions, all in connection with the issuance and sale of the foregoing described Series 2009 Bonds; 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  (CONT’D)

FELICIA A. MOORE, VICE-CHAIR

09-O-1072 ( 6)       An Ordinance by Councilmember Howard Shook to provide for the Annexation of property located at 4118 E. Brookhaven Drive to the corporate limits of the City of Atlanta, Georgia pursuant to the 100% Method; to authorize the Law Department to seek preclearance from the United States Department of Justice and to notify the Georgia Department of Community Affairs of such annexation; and for other purposes.

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

09-O-1299 ( 7)       An Ordinance by Finance/Executive Committee to correct Ordinance Number 09-O-0784 adopted by the Atlanta City Council on May 18, 2009, and approved by the Mayor on May 26, 2009 to reflect the correct dollar amount in Section 2 of the legislation; and for other purposes.

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

09-O-1300 ( 8)       An Ordinance by Finance/Executive Committee to correct Ordinance Number 09-O-1074 adopted by the Atlanta City Council on June 15, 2009, and approved by the Mayor on June 23, 2009 to reflect the correct Fund Number; and for other purposes.

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

09-O-1301 ( 9)       An Ordinance by Finance/Executive Committee to authorize the Chief Financial Officer of the City of Atlanta to create a Green Revolving Loan Fund for the purpose of implementing efficiency projects as part of the Environmental Sustainability Initiative; 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)

FINANCE/EXECUTIVE COMMITTEE  (CONT’D)

FELICIA A. MOORE, VICE-CHAIR

09-O-1372 (10)       An Ordinance by Councilmember Cleta Winslow as Amended by Finance/Executive Committee authorizing the City of Atlanta to waive the Competitive Procurement Provisions contained in Article X, Procurement and Real Estate Code of the City of Atlanta Code of Ordinances, and authorizing the Mayor or her designee, (“City”), to negotiate for and purchase approximately 6.0 acres of property bounded by Langhorn Street, Enota Place and I-20 (“The Property”), from the Trust for Public Land (“TPL”) or any other group or individual authorized to sell The Property, in an amount not to exceed $582,000.00, for the purpose of expanding a park (Enota Park).  The City’s Purchase Price, Due Diligence and Purchase Services shall be paid from Park Opportunity Bond 2005A: Fund: 3129, Dept.: 140106, Account Park Design: 5411001 (Land), Function Activity: 6220000 Park Areas, Funding Source: 21230 2005A Park Improvement Bond 9999, PTAEO, Project: 14100247, Task: 101, Award: 312921230, Expense Type: 5411001, Organization: City of Atlanta; and for other purposes.

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

CITY UTILITIES COMMITTEE

CEASAR C. MITCHELL, VICE-CHAIR

09-O-1373 (11)       An Ordinance by Councilmember Kwanza Hall as Substituted by City Utilities Committee authorizing the Mayor or her designee to enter into an agreement between Hyatt Equities, LLC, HMA Realty Limited Partnership, and ACP Marquis II, LLC and the City of Atlanta for the erection of a bridge in accordance with Section 138-25(b) of the City of Atlanta’s Code of Ordinances; and for other purposes.

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

09-O-1380 (12)       An Ordinance by Councilmember Howard Shook authorizing the Mayor or her designee to waive the sidewalk requirements of Section 15-09.003 of the City of Atlanta Code of Ordinances, to provide that a certain Subdivision SD-08-07 (3820 Ivey Road, NW) applicant deposit a dollar amount ($2,137.00) equal to the value of the required sidewalk construction into a designated Trust Fund Account for District 7; 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)

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

JIM MADDOX, CHAIR

09-O-1121 (13)       A Substitute Ordinance by Community Development/Human Resources Committee amending the 2009 (Community Development Fund) Budget by anticipating and appropriating $3,441,091.00 for the purpose of funding projects under the Homelessness Prevention and Rapid Re-Housing Program of the American Recovery and Reinvestment Act (ARRA) of 2009; and for other purposes.

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

09-O-1199 (14)       A Substitute Ordinance by Community Development/Human Resources Committee amending the 2009 (Community Development Fund) Budget by reducing and adding to anticipations and transferring to and from appropriations in the amount of $803,579.24 for the purpose of funding CD-610, Housing Demolition/Reclamation and CD-838, Quality Living Services (QLS) Meadows Erosion Project; and for other purposes.

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

09-O-1200 (15)       A Substitute Ordinance by Community Development/Human Resources Committee amending the 2009 (Community Development Fund) Budget by reducing and adding to anticipations and transferring to and from appropriations in the amount of $841,404.66 for the purpose of funding handicapped accessibility improvements at various recreation centers; and for other purposes.

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

09-O-1375 (16)       An Ordinance by Councilmembers Felicia A. Moore and Clair Muller changing the name of the City of Atlanta park currently known as the Coronet Way Park to the “Sara J. Gonzalez Park” located in City Council District 9 on behalf of the Department of Parks, Recreation and Cultural Affairs; 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

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

CLETA WINSLOW, CHAIR

09-R-1368 ( 1)        A Resolution by Public Safety and Legal Administration Committee authorizing the settlement of all claims against the City of Atlanta in the case of City of Atlanta v. The Krystal Company, Fulton County Superior Court, Civil Action File No. 2009-CV-167316, in an amount not to exceed $12,000.00 related to the condemnation for certain sewer easement areas on property located in Land Lots 149 and 150 of the 17^th District of Fulton County, Georgia, said property having the address of 626 14^th Street, Atlanta, GA with a Tax Identification No. of 0017-0150-0009-067-2 and owned by The Krystal Company; that all monetary settlement amounts 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

TRANSPORTATION COMMITTEE

CLAIR MULLER, CHAIR

09-R-1350 ( 2)        A Resolution by Transportation Committee authorizing the Mayor to apply for, accept, execute associated documents and implement all grant awards offered to the City of Atlanta from all State and Federal Agencies for projects at Hartsfield-Jackson Atlanta International Airport during the 2010 Fiscal Year; 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)

TRANSPORTATION COMMITTEE  (CONT’D)

CLAIR MULLER, CHAIR

09-R-1351 ( 3)        A Resolution by Transportation Committee authorizing the Aviation General Manager, or his designee, to issue Task Orders under Contract No. FC-3007000038-D, Managing General Contractors, with Turner Construction Company, Inc./Davis & Associates, Inc., a Joint Venture, in a collective amount not to exceed $4,500,000.00 to Renovate and Expand Aircraft Rescue and Fire Fighting (ARFF) Facilities at Hartsfield-Jackson Atlanta International Airport.  All services will be charged to and paid from PTAEO: 18101691 (E405 Station #40) 101 (R21E4059999) 550591336 (DOA PFC Revenue 96AA) 5413002 (Building Improvements) and FDOA 5505 (Airport Passenger Facility Charge Fund) 180201 (DOA Aviation Planning & Development) 5413002 (Building Improvements) 7563000 (Airport) 101691 (E405 Station #40) 91336 (DOA PFC Revenue 96AA) 0000 (Default) 00000000 (Default) 00000000 (Default); 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-1354 ( 4)        A Substitute Resolution by Finance/Executive Committee authorizing the Mayor or her designee to enter into a Cooperative Purchasing Agreement pursuant to Section 2-1601 et seq. of the City of Atlanta Code of Ordinances, utilizing GSA Contract GS-35F-4076D with Dell Marketing, LP., in an amount not to exceed $4,854,802.34; all costs to be financed through CIT Financing Services, Inc., subject to separate Council authorization; and for other purposes.

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

09-R-1355 ( 5)        A Resolution by Finance/Executive Committee authorizing the Mayor or her designee to execute Lease Amendments to two individual Lease Agreements with Verizon Wireless; said Lease Amendments being for the sole purpose of Upgrading Existing Antenna Equipment on Communication Towers located at Anderson Park and Fire Station 21.

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-1356 ( 6)        An Substitute Resolution by Finance/Executive Committee authorizing the Mayor to execute a Sole Source Agreement with Burnett Lime Company, Incorporated for Cal-Flo Lime Slurry at the R. M. Clayton Wastewater Treatment Facility, on behalf of the Department of Watershed Management, in an amount not to exceed $600,000.00; all contracted work shall be charged to and paid from Fund, Department Organization and Account Number 5051 (Water & Wastewater Revenue Fund) 170204 (DWM Water Treatment Complex-R. M. Clayton) 5311003 (Supplies, Consumable-Trackable) 4335000 (Treatment); and for other purposes.

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

09-R-1357 ( 7)        An Amended Resolution by Finance/Executive Committee authorizing the Mayor or her designee to extend Sole Source Agreement with Otis Elevator Company, for Elevator Maintenance at City Hall East on a Month-to-Month for up to 18 months, on behalf of the Executive Offices-Office of Enterprise Assets Management.  This agreement shall not exceed $77,000.00.  All contracted work shall be charged to and paid from 1001 (General Fund), Department 040405 (Exe. Facility Maintenance), Account 5222001 (Repair/Maintenance-Buildings), Function Activity 1565000 (Gen Gov. Bldgs. and Plants); 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)

FINANCE/EXECUTIVE COMMITTEE  (CONT’D)

FELICIA A. MOORE, VICE-CHAIR

09-R-1358 ( 8)        A Resolution by Finance/Executive Committee authorizing the Mayor to execute Amendment No. 5, for Contract No. FC-6005007878, Citywide Elevator Service, between the City of Atlanta and Thyssen Krupp Elevator Corporation, on behalf of the Executive Offices-Office of Enterprise Assets Management, to add the Site and Funding for the New Public Safety Headquarters (PSHQ), and the Public Safety Annex in an amount not to exceed $21,600.00.  All contracted work shall be charged to and paid from 1001 (General Fund), Department 040415 (Exe. Facility Maintenance-Public Safety Annex), Account 5222001 (Repair & Maintenance), Function Activity 1565000 (General Government Buildings & Plants)-$10,800.00, 1001 (General Fund), Department 040419 (Exe. Facility Maintenance-Public Safety Headquarters-PSHQ), Account 5222001 (Repair & Maintenance), Function Activity 1565000 (General Government Buildings & Plants)-$10,800.00; and for other purposes.

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

09-R-1359 ( 9)        A Resolution by Finance/Executive Committee authorizing the Mayor to execute Amendment No. 7, for Contract No. FC-6005007888B, Citywide Security Guard Services, between the City of Atlanta and Dothan Security, Inc., on behalf of the Executive Offices-Office of Enterprise Assets Management, to add the Site and Funding for the New Public Safety Headquarters (PSHQ), and the Public Safety Annex FY-09 Funding in an amount not to exceed $279,000.00.  All contracted work shall be charged to and paid from 1001 (General Fund), Department 040415 (Exe. Facility Maintenance-Public Safety Annex), Account 5212001 (Consulting/Professional), Function Activity 1565000 (General Government Buildings & Plants)-$186,000.00, 1001 (General Fund), Department 040419 (Exe. Facility Maintenance-Public Safety Headquarters-PSHQ), Account 5212001 (Consulting/Professional), Function Activity 1565000 (General Government Buildings & Plants)-$93,000.00; 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-1360 (10)       A Resolution by Finance/Executive Committee authorizing the Mayor to execute Amendment Agreement Number 1 with Honeywell, Inc., for FC-4714, Citywide HVAC Services on behalf of the Executive Offices-Office of Enterprise Assets Management to add the Site and Funding for the New Public Safety Headquarters (PSHQ), and the Public Safety Annex, in an amount not to exceed $631,000.00.  All contracted work shall be charged to and paid from 1001 (General Fund), Department 040403 (Exe Heating & Air Maintenance), Account 5222001 (Repair & Maintenance-Buildings), 1565000 Function Activity (Gen Gov-Bldgs & Plants); and for other purposes.

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

09-R-1361 (11)       A Resolution by Finance/Executive Committee authorizing the Mayor to execute Renewal Agreement No. 1 with OJS Systems, Inc., for FC-7665-04C, Citywide Janitorial Services, for twelve (12) months or until City Hall East is vacated on behalf of the Executive Offices, Office of Enterprise Assets Management in an amount not to exceed $69,923.00.  All contracted work to be charged to and paid from Fund, 1001 (General Fund), Department 040405 (Exe. Facility Maintenance-City Hall East), Account 5212001 (Consulting/Professional), Function Activity 1565000 (General Government Buildings & Plants); and for other purposes.

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

09-R-1362 (12)       An Amended Resolution by Finance/Executive Committee authorizing the Mayor to execute Renewal Agreement No. 2 with D&B Janitorial Services, Inc., for FC-7665-04B, Citywide Janitorial Services, on behalf of the Executive Offices, Office of Enterprise Assets Management in an amount not to exceed $104,157.84; all contracted work to be charged to and paid from Fund, 1001 (General Fund), Department 040404 (Exe. Facility Maintenance-AWDA), Account 5212001 (Consulting/Professional Services), Function Activity 1565000 (General Government Buildings & Plants)-$34,500.00, 1001 (General Fund), Department 040406 (Exe. Facility Maintenance-Municipal Court), 5212001 (Consulting/Professional Service), Function Activity 1565000 (General Government Buildings & Plants)-$69,657.84; 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)

FINANCE/EXECUTIVE COMMITTEE  (CONT’D)

FELICIA A. MOORE, VICE-CHAIR

09-R-1363 (13)       A Resolution by Finance/Executive Committee authorizing the Mayor to execute Renewal Agreement No. 4 with A-Action Janitorial Services, Inc., for FC-7665-04A, Citywide Janitorial Services, on behalf of the Executive Offices-Office of Enterprise Assets Management to add the Sites and Funding for the New Public Safety Headquarters (PSHQ), and the Public Safety Annex, in an amount not to exceed $216,057.20; all contracted work shall be charged to and paid from 1001 (General Fund), Department 040415 (Exe. Facility Maintenance-Public Safety Annex), Account 5212001 (Consulting/Professional), Function Activity 1565000 (General Government Buildings & Plants)-$110,000.00, 1001 (General Fund), Department 040419 (Exe. Facility Maintenance-Public Safety Headquarters-PSHQ), Account 5212001 (Consulting/Professional), Function Activity 1565000 (General Government Buildings & Plants)-$106,057.20; and for other purposes.

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

09-R-1364 (14)       A Substitute Resolution by Finance/Executive Committee authorizing the Mayor to execute the First Amendment to the Agreement between the City of Atlanta and First Southwest Company, for FC-6005007958-A, Financial Advisor to the City of Atlanta, on behalf of the Department of Finance, pursuant to the Compensation Schedule attached hereto as Exhibit 1; all contracted work to be charged to and paid from Fund, Department Organization, and Account Number 5513 (Airport Facilities Revenue Bond Fund) 200801 (NDP Debt Service Administration) 5212001 (Consultant Professional Services) 8000000 (Debt Service); 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-1366 (15)       A Resolution by Finance/Executive Committee authorizing the Mayor or her designee to enter into a Fifty (50) Month Financing Agreement on behalf of the Department of Information Technology with CIT Technology Financing Services, Inc., for the purchase of Microsoft Licenses from Dell Marketing LLP., in an amount not to exceed $4,854,802.34; all payments shall be charged to and paid from Fund, Department, Account and Organization 1001 (General Fund) 050211 (IT Network Management) 5410001 (Consulting/Professional Services-Capital) 1535000 (Data Processing/Management Information Systems); and for other purposes.

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

09-R-1386 (16)       A Resolution by Finance/Executive Committee authorizing the Mayor to execute Renewal Agreement No. 1 with Maximus, Inc., for FC-6007000018, Indirect Cost Allocation, on behalf of the Department of Finance, in an amount not to exceed $95,000.00; all contracted work to be charged to and paid from Fund, Department Organization and Account Number 1001 (General Fund) 100305 (General Accounting Division) 5212001 (Professional/Consulting Services) 1512000 (Accounting); and for other purposes.

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

09-R-1387 (17)       A Resolution by Finance/Executive Committee authorizing the Mayor to execute the First Amendment to the Agreement between the City of Atlanta and Resource Mosaic, Inc., for FC-4809-B, Financial Management Consulting Services, on behalf of the Department of Finance, in an amount not to exceed $900,000.00; all contracted work to be charged to and paid from Fund, Department Organization and Account Number 1001 (General Fund) 5212001 (Consulting/Professional Services) 100101 (DOF Chief Financial Officer) ($471,500.00); 1001 (General Fund) 5212001 (Consulting/Professional Services) 100301 (DOF Controller) ($227,950.00); 1001 (General Fund) 5112001 (Salaries, Extra Help) 100301 (DOF Controller) ($200,550.00); 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-1388 (18)       A Resolution by Finance/Executive Committee authorizing the Mayor, on behalf of the Department of Planning and Community Development, to enter into Contract Amendment No. 4 to the existing Citywide Demolition Contract Agreements with H&H Demolition & Hauling, Inc., for FC-6006007938A; Leon Benton Construction, for FC-6006007938B; Mack Hauling, Inc., for FC-6006007938C; and Kissberg Construction, Inc., for FC-6006007938D, in order to allocate funds in an amount not to exceed $190,000.00.  All contracted work shall be charged to and paid from the Account Segment/PTAEO Numbers identified in this resolution; and for other purposes.

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

09-R-1389 (19)       A Resolution by Finance/Executive Committee authorizing the Mayor, on behalf of the Department of Planning and Community Development, to enter into Contract Amendment No. 3 to the to the existing Citywide Demolition Contract Agreement with H&H Demolition & Hauling, Inc., for FC-6006007938A; Leon Benton Construction, for FC-6006007938B; Mack Hauling, Inc., for FC-6006007938C; and Kissberg Construction, Inc., for FC-6006007938D, for the purpose of increasing the contract amount for an additional amount not to exceed $800,477.78; all contracted work shall be charged to and paid from the Account Segment/PTAEO Numbers identified in this resolution; and for other purposes.

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

SEE FINANCE/EXECUTIVE COMMITTEE REPORT

09-R-1390 (20)       A Resolution by Finance/Executive Committee authorizing the Mayor or her designee to execute an Agreement with James W. Sewell Company pursuant to Atlanta City Code Section 2-1191.1 Special Procurements, for Geoserver Dispatching Support, on behalf of the Department of Information Technology, in an amount not to exceed $100,000.00, to be charged to and paid from FDOA Number 2151 (Emergency Telephone System) 240207 (APD-E911) 5213001 (Consulting/Professional Services-Technical) 3800000 (E911); 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-1391 (21)       A Resolution by Finance/Executive Committee authorizing the Mayor or her designee to execute an Agreement with Stratus Technologies pursuant to Atlanta City Code Section 2-1191.1 Special Procurements, for Stratus ftServer Support and Maintenance, on behalf of the Department of Information Technology, in an amount not to exceed $102,795.80, to be charged to and paid from FDOA Number 2151 (Emergency Telephone System) 240207 (APD-E911) 5213001 (Consulting/Professional Services-Technical) 3800000 (E911); and for other purposes.

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

CITY UTILITIES COMMITTEE

CEASAR C. MITCHELL, VICE-CHAIR

09-R-1316 (22)       A Resolution by City Utilities Committee authorizing the Mayor or her designee to enter into an agreement by and between the City of Atlanta, the Georgia Department of Transportation (“GDOT”) and the Norfolk Southern Railway Company for the Construction (by GDOT) and Subsequent Maintenance (by the City of Atlanta) of the Mitchell Street Bridge located between Spring Street, SW and Elliott Street, SW in Downtown Atlanta; and for the City of Atlanta to enter into an agreement with Norfolk Southern Railway Company (“NS”) for the demolition of the Nelson Street Bridge located between Spring Street, SW and Elliott Street, SW in Downtown Atlanta; and for other purposes.

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

09-R-1318 (23)       A Resolution by City Utilities Committee establishing the compensation limits for Parsons/EGM, JV, for FC-7568-03, Program and Construction Management Services for the Quality of Life Bond Program, during the sixth term of the Contract on behalf of the Department of Public Works, in an amount not to exceed $853,612.02; all contracted work shall be charged to and paid from Fund, Numbers, Department, Function Activity and PATEO Funding Sources listed; 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)

CITY UTILITIES COMMITTEE  (CONT’D)

CEASAR C. MITCHELL, VICE-CHAIR

09-R-1385 (24)       A Resolution by City Utilities Committee authorizing the Mayor to enter into a Renewal Lease Agreement No 2 with Russell C. McCall an Atlanta Loft Company, LLC for Rental Space located at 236 Forsyth Street, SW, Atlanta, Georgia on behalf of the Department of Watershed Management, in an amount not to exceed $358,487.62; to be charged to and paid Fund, Department and Organization and Account Numbers listed: 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-R-1122 (25)       A Substitute Resolution by Community Development/Human Resources Committee authorizing the Mayor, on behalf of the City of Atlanta, to enter into a Memorandum of Understanding between the City and Cascade Youth Organization, such that the Cascade Youth Organization may maintain, operate, and provide programming at Adams and John A. White Parks; and for other purposes.

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

09-R-1218 (26)       A Resolution by Councilmember Ivory Lee Young, Jr. authorizing the Mayor to execute a contract not to exceed $2,200,000.00 with Senior Connections to manage HOME Investment Partnership (HOME), Owner Occupied Rehabilitation Program (OORP) and to expand the scope of the Home Repair/Modification for Senior Citizens Program CD-819 to include the substantial rehabilitation of owner occupied properties; 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-1323 (27)       A Substitute Resolution by Community Development/Human Resources Committee authorizing the Mayor to execute a contract for FC-4981 on behalf of the Department of Planning and Community Development (“City”), Bureau of Planning, with Sizemore Group, Inc., for the purpose of conducting the D. L. Hollowell/Veterans Memorial Parkway Corridor Livable Centers Initiative (“LCI”) Study in an amount not to exceed $150,000.00, charged to and paid from account numbers as listed; and for other purposes.

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

09-R-1392 (28)       A Resolution by Community Development/Human Resources Committee authorizing the Mayor to enter into Various Contractual Agreements for the implementation of projects under the Homelessness Prevention and Rapid Re-Housing Program of the American Recovery and Reinvestment Act (ARRA) of 2009; 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

Claims with favorable recommendations:

09-R-1324 ( 1)        Claim of Central Insurance Company, as subrogee of Ross D. Bernhardt, Jr., for damages alleged to have been sustained as a result of an automobile accident on August 11, 2008 on Interstate 75/85 at North Avenue.                                                                   $16,290.33

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

09-R-1325 ( 2)        Claim of Olouye Akintobi, through his attorney, David Lewis, for damages alleged to have been sustained as a result of a vehicular accident on September 25, 2008 at Metropolitan Parkway and Dill Avenue. $4,500.00

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-1326 ( 3)        Claim of Vincent Mosley, for vehicular damages alleged to have been sustained from driving over a pothole in the road on April 23, 2009 at 914 Collier Road, NW.                                                             $2,351.27

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

09-R-1327 ( 4)        Claim of Yakima Hudson, for vehicular damages alleged to have been sustained from driving over a pothole in the road on April 28, 2009 at 914 Collier Road, NW.                                                             $1,779.98

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

Claims with unfavorable recommendations:

09-R-1328 ( 5)        Claim of Derek Huggins, for damages alleged to have been sustained from driving over a pothole on June 18, 2009 at Interstate 75 North near 14^th Street.

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

09-R-1329 ( 6)        Claim of Travelers Indemnity Company, as subrogee of Margaret D. Hicks, for vehicular damages alleged to have been sustained when tree limbs fell from a tree on April 13, 2009 at 92 Maddox Drive, NE.

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

09-R-1330 ( 7)        Claim of State Farm Insurance Companies, as subrogee of Sheila D. Wheat, for damages alleged to have been sustained as a result of a vehicular accident on January 2, 2009 at North Avenue, NE and West Peachtree Street, NE.

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

09-R-1331 ( 8)        Claim of Travelers Property Casualty of America, as subrogee of the University Financing, for property damages alleged to have been sustained when a banner fell and struck a window on January 14, 2008 at 84 Forsyth Street.

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-1332 ( 9)        Claim of Phoenix Loss Control, as subrogee of Comcast, for damages alleged to have been sustained when facilities were severed due to the installation of a bicycle sign on March 2, 2009 at 5780 Powers Ferry Road.

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

09-R-1333 (10)       Claim of Michael R. Young, for vehicular damages alleged to have been sustained after driving over an elevated manhole on January 11, 2009 at 1959 Thomasville Estates Drive, SE.

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

09-R-1334 (11)       Claim of GEICO Direct, as subrogee of Rocky D. & Michael R. Young, for vehicular damages alleged to have been sustained after driving over an elevated manhole on January 11, 2009 at 1959 Thomasville Estates Drive, SE.

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

09-R-1335 (12)       Claim of Trakina Spencer, through her attorney, Jack O, Morse, Attorney at Law, for bodily injuries alleged to have been sustained after driving over an elevated manhole on May 26, 2008 at 1980 Thomasville Estates Drive, SE.

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

09-R-1336 (13)       Claim of Sharron Shaw, through her attorney, J. Scott Anderson, The Anderson Law Group, P.C. for damages alleged to have been sustained from mishandling property seized by police on January 12, 2007 and January 16, 2007 at 675 Ponce de Leon Avenue, NE.

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

09-R-1337 (14)       Claim of Eldred Buncomb, through his attorney, Wayne A. J. Wattley, The McIver Wattley Law Group, for damages alleged to have been sustained due to the constructive termination of employment in December 2008 at 254 Peachtree Street, SW.

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-1338 (15)       Claim of Toni Jones, for vehicular damages alleged to have been sustained from driving over a pothole in the road on January 30, 2009 at Flat Shoals Avenue and Van Epps Avenue.

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

09-R-1339 (16)       Claim of Betty S. Hatcher, for vehicular damages alleged to have been sustained from driving over a defective area in the road on March 5, 2009 at Pine Valley Road, NW and Argonne Drive, NW.

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

09-R-1340 (17)       Claim of Angela Lane, for vehicular damages alleged to have been sustained from driving over a defective area in the road on March 22, 2009 at 1318 Campbellton Road, SW.

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

09-R-1341 (18)       Claim of Mary Alexander-Hall, for vehicular damages alleged to have been sustained from driving over a construction site on January 8, 2009 at 1150 Collier Road, NW.

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

09-R-1342 (19)       Claim of Su W. Yap, for property damages alleged to have been sustained when a tree fell and struck a porch on May 4, 2009 at 804 Argonne Avenue.

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

09-R-1343 (20)       Claim of Mary Moon-Fore, for damages alleged to have been sustained as a result of an accident on March 18, 2009 at 268 Rockyford Road, NE.

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-1344 (21)       Claim of Mahdi Mubarik, a minor child, through his attorney, James Kelleher, for damages alleged to have been sustained as a result of an automobile accident on April 17, 2009 at Hightower Road and Hollywood Road.

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

09-R-1345 (22)       Claim of Magnus Aburime, through his attorney, Jason R. Schultz, P.C., for bodily injuries alleged to have been sustained from an automobile accident on May 7, 2008 at Memorial Drive and Boulevard.

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

09-R-1346 (23)       Claim of The Lions Group, Inc., through its attorney, Bryan M. Cavan, Esq., Fincher, Denmark, Williams, LLC, for damages alleged to have been sustained from a delay in the relocation of water utilities from January 10, 2006 through December 31, 2006 at Dunwoody Place and Northridge Road.

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

09-R-1347 (24)       Claim of Alan Loehle and Nicole Livieratos, individually and as Parents and Legal Guardians of Zack Loehle, through their attorney, Thomas Trask, for damages alleged to have been sustained as a result of an automobile accident on January 6, 2009 at Capital Avenue at Memorial Drive.

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

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

CLETA WINSLOW, CHAIR

The following ordinances (1 – 8) were taken as a collective vote.

09-O-1349 ( 1)       An Ordinance by Public Safety and Legal Administration Committee amending Chapter 98, Article IV of the City Code of Ordinances entitled “Department of Corrections” so as to set forth that vendors providing services which involve contact with detainees be required to obtain Tuberculosis Testing and Clearance for their employees prior to assignment at the Atlanta Department of Corrections; and for other purposes.

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

FINANCE/EXECUTIVE COMMITTEE

FELICIA A. MOORE, VICE-CHAIR

09-O-1352 ( 2)       An Ordinance by Finance/Executive Committee to anticipate and appropriate Bond Proceeds in the amount of $84,618,507.45 for the City of Atlanta General Obligation Refunding Bonds, Series 2009; and for other purposes.

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

09-O-1353 ( 3)       An Ordinance by Finance/Executive Committee to anticipate and appropriate Bond Proceeds in the amount of $55,714,179.10 for the Downtown Development Authority of the City of Atlanta Refunding Revenue Bonds (Underground Atlanta Project), Series 2009A and the Downtown Development Authority of the City of Atlanta Taxable Refunding Revenue Bonds (Underground Atlanta Project), Series 2009B; and for other purposes.

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

09-O-1367 ( 4)       An Ordinance by Finance/Executive Committee authorizing the Mayor or her designee to execute a Lease with ACP Peachtree Center, LLC for the purpose of providing Office Space for the Department of Parks, Recreation and Cultural Affairs; 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)

CITY UTILITIES COMMITTEE

CEASAR C. MITCHELL, VICE-CHAIR

09-O-1313 ( 5)       An Ordinance by City Utilities Committee authorizing the Chief Financial Officer to amend the FY 2010 Budget (2004 Water and Wastewater Bond Fund-5058) in the amount of $1,005,374.00 to transfer funds from the Capital Project Reserve (5058) for appropriations and to add to appropriation funds for the South River Basin Relief Project; and for other purposes.

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

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

JIM MADDOX, CHAIR

09-O-1319 ( 6)       An Ordinance by Community Development/Human Resources Committee to amend Atlanta Code of Ordinances by adding a new Subsection 110-70.4 which shall create an Off-Leash Pet Area for dogs in a specified area of the South Bend Park; said area is to be maintained by the Friends of South Bend Park and Park Pride Atlanta, Inc.; to accept certain improvements totaling $45,000.00 to the designated Off-Leash Pet Area from the Friends of South Bend Park; and to name this area the “South Bend Dog Park”, on behalf of the Department of Parks, Recreation and Cultural Affairs; and for other purposes.

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

09-O-1320 ( 7)       An Ordinance by Community Development/Human Resources Committee amending the 2009 (Intergovernmental Grant Fund) Budget by adding to anticipations and appropriations in the amount of $435,131.00, to increase the Budget amount authorized by the U. S. Department of Housing and Urban Development (HUD) for the City of Atlanta Section 8 Moderate Rehabilitation Program for Arcadia Downs Apartment; and for other purposes.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES 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  (CONT’D)

JIM MADDOX, CHAIR

09-O-1321 ( 8)       An Ordinance by Community Development/Human Resources Committee authorizing the Mayor or her designee, on behalf of the City of Atlanta (“City”), to accept from the Georgia Power Company (“GPC”) approximately 0.796 acre of property located at 2010 and 2020 Lenox Road and known as the GPC Property (The “GPC Property”) on which GPC has constructed a parking lot and trail prior to its conveyance, a trail easement on approximately 0.447 acre of property in the City located on the Morningside Place Condominium property know as the Morningside Place Easement and Trail (“Trail Easement”), a donation of up to $5,000.00 to fund due diligence and purchase services, a donation of up to $71,887.65 to Park Pride to Fund, Design and Construction costs of a trail; and for other purposes.

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

COMMITTEE REPORTS

Council President Lisa M. Borders Presided

COMMITTEE REPORTS

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (1)

CLETA WINSLOW, CHAIR

Attendance at the July 28, 2009 meeting of the Public Safety and Legal Administration Committee was as follows:

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

Absent:        None

ORDINANCE FOR SECOND READING

09-O-0996 ( 1)       An Ordinance by Councilmembers Cleta Winslow and Jim Maddox as Substituted and Amended by Public Safety and Legal Administration Committee to amend the Charter of the City of Atlanta, Georgia adopted under and by virtue of the Authority of the Municipal Home Rule Act of 1965, O.C.G.A. Section 36-35-1, et seq., as amended, so as to amend the Charter of the City of Atlanta, Georgia, 1996 Ga. Laws P. 4469, et seq., by amending Part 1, Subpart A, Article IV (Courts); which shall be Section 4-118, to be entitled “Senior Judge” so as to create the position of Senior Judge of the Municipal Court, to set forth the duties thereof; and to set forth the compensation to be paid thereto; to repeal conflicting ordinances; and for other purposes.

Chairperson Winslow sounded the Caption to Ordinance 09-O-0996 and stated the recommendation from committee was Favorable on Substitute as Amended for 3^rd Reading/Final Adoption.  It was properly Seconded and an extensive discussion ensued, during which, Councilmember Willis made a Motion to Table for a two-week time certain for the next Council Meeting to be held Tuesday, September 08, 2009 due to the Labor Day Holiday, Monday, September 07, 2009.  It was Seconded by Councilmember Moore and CARRIED by a roll call vote of 8 yeas; 3 nays.

TABLED SUBSTITUTE AS AMENDED BY A ROLL CALL VOTE OF 8 YEAS; 3 NAYS

Council President Pro Tempore Natalyn Archibong Presided

COMMITTEE REPORTS  (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (2)

CLETA WINSLOW, CHAIR

ITEM REMOVED FROM CONSENT AGENDA

08-O-0824 ( 1)       An Ordinance by Councilmembers Ceasar C. Mitchell, Cleta Winslow, Joyce M. Sheperd, Mary Norwood, C. T. Martin, Ivory L. Young, Jr., Kwanza Hall and H. Lamar Willis to amend Article V (Entitled “Offenses by and against Minors”) of Chapter 106 of the Code of Ordinances of the City of Atlanta, Georgia, by creating a new Section 106-229 to be entitled “Day-Time Curfew” so as to impose a Day-Time Curfew on minors, ages six (6) to sixteen (16) years; and for other purposes 

The above item was removed from the Consent Agenda by request of Councilmember Mitchell.  Chairperson Winslow sounded a Substitute to Ordinance 08-O-0824 and made a Motion to bring it forward.  It was properly Seconded and the Motion CARRIED by a roll call vote of 11 yeas; 0 nays.  The Substitute was before Council.  Following, an extensive discussion ensued, in which, Councilmember Martin made a Motion to Refer 08-O-0824 back to the Public Safety and Legal Administration Committee.  It was Seconded by Councilmember Muller and discussion continued, during which, Councilmember Smith Called the Question.  Subsequently, the Motion CARRIED by a roll call vote of 10 yeas; 3 nays.  After which, the Motion to Refer FAILED by a roll call vote of 6 yeas; 8 nays.  The original Motion to Adopt on Substitute was before Council.  The Motion then CARRIED by a roll call vote of 11 yeas; 3 nays.

ADOPTED SUBSTITUTE BY A ROLL CALL VOTE OF 11 YEAS; 3 NAYS

Council President Pro Tempore Natalyn Archibong Presided

COMMITTEE REPORTS  (CONT’D)

TRANSPORTATION COMMITTEE  (1)

CLAIR MULLER, CHAIR

Attendance at the July 29, 2009 meeting of the Transportation Committee was as follows:

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

Absent:        Councilmember Mitchell

The Standing Committee of Transportation did not have a report.

Council President Pro Tempore Natalyn Archibong Presided

COMMITTEE REPORTS  (CONT’D)

ZONING COMMITTEE  (1)

IVORY L. YOUNG, JR., CHAIR

Attendance at the July 29, 2009 meeting of the Zoning Committee was as follows:

Present:       Councilmembers Young (Chair), Archibong, Martin, Fauver and Norwood

Absent:        Councilmembers Shook and Smith

ZONING REVIEW BOARD SUMMARY REPORT

07-O-2224 ( 1)       An Amended Ordinance by Zoning Committee to rezone from

Z-07-106               the R-5 (Two-Family Residential) District to the MR-3-C (Multifamily Residential-Conditional) District, property located at 1463 LaFrance Street, N.E., fronting approximately 126 feet on the southwesterly side of LaFrance Street beginning approximately 145 feet from the western intersection of Mayson Avenue.  Depth: approximately 145 feet.  Area: approximately 1.23 acres; Land Lots 209 and 210, 15^th District, DeKalb County, Georgia.  Owner: Converge Real Estate, LLC.  Applicant: Brenda Bass; NPU-O  Council District 5.

ADOPTED AS AMENDED BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-O-0205 ( 2)       An Amended Ordinance by Zoning Committee to rezone from

Z-09-01                 the RG-2 (Residential General-Sector 2) District to the MR-3-C (Multifamily Residential-Conditional) District, property located at 3765 and 3755 Forrest Park Drive and 950 and O Conley Road, S.W., fronting approximately 351 feet on the east side of Forrest Park Road, 400 feet on the west side of Forrest Park Road, 364.85 feet on the north side of Conley Road and 48.05 feet on the north side of Conley Road.  Depth: varies; Area: approximately 21.09 acres; Land Lot 1, 14^th District, Fulton County, Georgia.  Owner: James Zohoury; Applicant: Kevin R. Hanna; NPU-Z  Council District 12.

ADOPTED AS AMENDED BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

Council President Pro Tempore Natalyn Archibong Presided

COMMITTEE REPORTS  (CONT’D)

ZONING COMMITTEE  (2)

IVORY L. YOUNG, JR., CHAIR

ZONING REVIEW BOARD SUMMARY REPORT  (CONT’D)

The following ordinances (3 – 5) were taken as a collective vote.

09-O-0993 ( 3)       An Amended Ordinance by Zoning Committee to rezone from

Z-09-22                 the PD-H (Planned Development-Housing) District to the C-3-C (Commercial Residential-Conditional) District, property located at a portion of 3415 Stratford Road, N.E., fronting approximately 63.91 feet on the east side of North Stratford Road, beginning 595.11 feet from the north east corner of Peachtree Road.  Depth: varies; Area: approximately 0.545 acres; Land Lot 45, 17^th District, Fulton County, Georgia.  Owner: Margeson Properties, Inc.; Applicant: HD Realty, LLC; NPU-B  Council District 7.

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

09-O-0484 ( 4)       An Amended Ordinance by Zoning Committee to amend

Z-09-04/Z-03-82    Ordinance 03-O-2244 (Z-03-82), adopted by the Council on March 1, 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) Districts, for the purpose of a site plan amendment.

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

09-O-0508 ( 5)       An Amended Ordinance by Zoning Committee granting a

U-09-07                 Special Use Permit pursuant to Section 16-32.007 (1) (f) for an Assisted Living Facility, property located at 1318, 1322, 1326 Sylvan Road and 1309 Hartford Avenue and 883, 893, 895, 897-901, 905, 907 and 909 Dill Avenue, S.W. fronting approximately 294 feet on the east side of Sylvan Road, approximately 290 feet on the south side of Erin Avenue, approximately 310 feet on the west side of Hartford Avenue and approximately 145 feet on the west side of Hartford Avenue. Depth: varies; Area: approximately 2.20 acres; Land Lot 105, 14^th District, Fulton County, Georgia.  Owner: Emmanuel Community Development Corporation; Applicant Emmanuel Community Development Corporation; NPU-X  Council District 12.

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

Council President Pro Tempore Natalyn Archibong Presided

COMMITTEE REPORTS  (CONT’D)

ZONING COMMITTEE  (3)

IVORY L. YOUNG, JR., CHAIR

ZONING REVIEW BOARD SUMMARY REPORT  (CONT’D)

09-O-0994 ( 6)       An Ordinance by Zoning Committee to rezone from the R4

Z-09-23                 (Single Family Residential) District to the R4-B (Single Family Residential) District, property located at 2219 Dunseath Avenue, N.W., fronting approximately 100 feet on the east side of Dunseath Avenue and approximately 100 feet north of the intersection of Dunseath Avenue and LaDawn Lane.  Depth: 100 feet; Area: approximately 0.230 acre; Land Lot 230, 17^th District, Fulton County, Georgia.  Owner: Walter Hirschberg: Applicant: Ernest N. Mealor; NPU-D  Council District 9.

ADVERSED BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

The following ordinances (08-O-1794 and 08-O-1795) were taken as a collective vote.

08-O-1794 ( 7)       An Ordinance by Councilmember Ivory Lee Young, Jr. to

Z-08-74                 create a new Section 16-34.005(30) to identify secured storage facilities as a permitted use in the MRC District; to amend Section 16-34.006 to expressly allow as part of and within a secured storage facility limited retail premises; and for other purposes.

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

08-O-1795 ( 8)       An Ordinance by Councilmember Ivory Lee Young, Jr. to

Z-08-72                 amend the 1982 Zoning Ordinance of the City of Atlanta, as amended, so as to create a new Section 16-29.001(67) to be entitled “Secured Storage Facility;” to provide for a definition of secured storage facility; and for other purposes.

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

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

ZONING COMMITTEE  (4)

IVORY L. YOUNG, JR., CHAIR

ORDINANCES FOR SECOND READING

The following ordinances (1, 2, 4 & 5) were taken as a collective vote.

08-O-0328 ( 1)       An Ordinance by Community Development/Human

CDP-08-15             Resources Committee to amend the Land Use Element of the City of Atlanta 2004-2019 Comprehensive Development Plan (CDP) so as to re-designate property that is located at 1463 LaFrance from the “Low Density Residential” Land Use Designation to the “Medium Density Residential” Land Use Designation; and for other purposes.  (CDP Amendment Public Hearing held 3/10/08) (Favorable by CD/HR Committee 07/28/09)

NPU-O                            Council District 5

ADOPTED BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-O-0300 ( 2)       An Ordinance by Community Development/Human

CDP-09-10             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 3755 and 3765 Forrest Park Road, 950 Conley Drive and Parcel 14 00010002052, from the “Industrial” Land Use Designation to the “Medium Density Residential” Land Use Designation (Z-09-01); and for other purposes.  (CDP Public Hearing held 3/9/09) (Favorable by CD/HR Committee 07/28/09)

NPU-Z                                       Council District 12

ADOPTED BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-O-0806 ( 3)       An Ordinance by Zoning Committee designating the Crum &

Z-09-14                 Forster Building, located at 771 Spring Street, NW, Land Lot 80, of the 14^th District of Fulton County, Georgia and certain real property on which it is located, to the Overlay Zoning Designation of Landmark Building or Site pursuant to Chapter 20 of the Zoning Ordinance of the City of Atlanta and rezoning from SPI-16 (Special Public Interest District-16) to SPI 16/LBS (Special Public Interest District-16/Landmark Building or Site); to repeal conflicting laws; and for other purposes.

ADOPTED BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

ZONING COMMITTEE  (5)

IVORY L. YOUNG, JR., CHAIR

ORDINANCES FOR SECOND READING  (CONT’D)

09-O-0844 ( 4)       An Ordinance by Zoning Committee to amend the 1982

Z-09-20                 Atlanta Zoning Ordinance, as amended, by amending the use chart for SPI-21 Historic West End/Adair Park Special Public Interest District so as to provide that churches and synagogues are additional permitted uses within Sub-Areas 1, 2, 3, 4, 8 & 9; so as to remove churches and synagogues as a permitted use in Sub-Area 7; so as to eliminate the distinction between lot size for churches and synagogues within all sub-areas; so as to require museums, art galleries, libraries, childcare centers and kindergartens to obtain a Special Use Permit in Sub-Areas 5 & 6; and for other purposes.

ADOPTED BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-O-1071 ( 5)       An Ordinance by Councilmember Howard Shook to amend the Land Use Element of the City of Atlanta 2008 Comprehensive Development Plan (CDP) so as to designate property at 4118 E. Brookhaven Drive to the Single-Family Residential Land Use classification; and for other purposes.  (Public Hearing held 06/30/09) (Favorable by CD/HR Committee 07/28/09)

ADOPTED BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

09-O-1070 ( 6)       An Ordinance by Councilmember Howard Shook as

Z-09-25                 Substituted and Amended by Zoning Committee to rezone property located at 4118 E. Brookhaven Drive, from the R-75 (Single Family Residential) District (DeKalb County) to the R-4 (Single Family Residential) District; and for other purposes.

ADOPTED SUBSTITUTE AS AMENDED BY A ROLL CALL VOTE OF 13 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

The following ordinances (09-O-1383 and 09-O-1384) were taken as a collective vote.

09-O-1383 ( 1)       An Ordinance by Zoning Committee to rezone property from

Z-09-28                 RLC-C (Residential Limited Commercial-Conditional) to RLC-C (Residential Limited Commercial-Conditional) property located at 2867 Piedmont Road, NE for the purpose of a change in conditions.  Property fronts approximately 116.35 feet on the east side of Piedmont Road at the southeast corner of Elliott Circle and Piedmont Road.

Depth:         Approximately 362 feet

Area:           Approximately 0.502 Acre

Land Lot:     47, 17^th District, Fulton County, Georgia

Owner:        Soon R. Hoh

Applicant:    Soon R. Hoh

NPU-B         Council District 7

REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

09-O-1384 ( 2)      An Ordinance by Zoning Committee to amend Ordinance 06-

U-09-14                O-2255 (U-06-24) which granted a Special Use Permit for a Private Club pursuant to legislation adopted by the City Council on December 4, 2006 and approved by the Mayor on December 13, 2009 property located at 254 Club Place and 2560 Alston Drive, NE.

Land Lot:     181, 15^th District, DeKalb County, Georgia

Owner:        East Lake Investments, Inc./Nonami Real Estate, LLC

Applicant:    Charles F. Palmer 

NPU-O         Council District 5

REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE BY A ROLL CALL VOTE OF 13 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 July 29, 2009 meeting of the Finance/Executive Committee was as follows:

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

Absent:        Councilmembers Shook and Smith

ITEM REMOVED FROM CONSENT AGENDA

09-R-1389 ( 1)        A Resolution by Finance/Executive Committee authorizing the Mayor, on behalf of the Department of Planning and Community Development, to enter into Contract Amendment No. 3 to the to the existing Citywide Demolition Contract Agreement with H&H Demolition & Hauling, Inc., for FC-6006007938A; Leon Benton Construction, for FC-6006007938B; Mack Hauling, Inc., for FC-6006007938C; and Kissberg Construction, Inc., for FC-6006007938D, for the purpose of increasing the contract amount for an additional amount not to exceed $800,477.78; all contracted work shall be charged to and paid from the Account Segment/PTAEO Numbers identified in this resolution; and for other purposes.

The above item was removed from the Consent Agenda by request of Councilmember Moore.  Vice-Chairperson Moore made a Motion to bring forth a Substitute.  Without Objection, the Motion CARRIED by a roll call vote of 14 yeas; 0 nays.  The Substitute was before Council.  Vice-Chairperson Moore then made a Motion to Adopt on Substitute.  It was properly Seconded and the Motion CARRIED by a roll call vote of 12 yeas; 0 nays.

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

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

COMMITTEE ON COUNCIL  (1)

FELICIA A. MOORE, CHAIR

Attendance at the August 17, 2009 meeting of the Committee on Council was as follows:

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

Absent:        Councilmember Archibong

COMMUNICATIONS

The following communications (1 – 3) were taken as a collective vote.

09-C-0644 ( 1)        A Communication by Mayor Shirley Franklin re-appointing Ms. Dedra F. Evans to serve as a member on the Eastside Tax Allocation District (TAD) Neighborhood Advisory Board in the NPU-M category for the City of Atlanta.  This re-appointment is for a term of two (2) years, beginning retroactively on October 2, 2008 and expiring October 2, 2010.  (Favorable by Community Development/Human Resources Committee 7/28/09.)

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

09-C-1205 ( 2)        A Communication from President & CEO Leona Barr-Davenport, Atlanta Business League, to President Lisa M. Borders and Members of Council submitting the Atlanta Business League’s re-appointment of Mr. Owen Montague to serve as a member of the Atlanta Citizen Review Board.  This re-appointment is for a term of three (3) years, retroactive to June 04, 2009 and expires June 04, 2012.  (Favorable by Public Safety & Legal Administration Committee 7/28/09.)

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

09-C-1209 ( 3)        A Communication by Mayor Shirley Franklin re-appointing Ms. Ola W. Reynolds to serve as a member of the Perry/Bolton Tax Allocation District (TAD) Neighborhood Advisory Committee in the NPU-G category on behalf of the City of Atlanta.  This re-appointment is for a term of one (1) year, to begin retroactively on March 07, 2009 and to expire March 7, 2010.  (Favorable by Community Development/Human Resources Committee 7/28/09.)

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

ORDINANCE FOR FIRST READING

09-O-1394 ( 1)       An Ordinance by Committee on Council to authorize the Mayor to enter into a contract with DeKalb County to conduct the 2009 General Municipal Election and any Special Election(s) held in conjunction therewith, within that portion of Atlanta which lies in DeKalb County on November 3, 2009; and if necessary, a City of Atlanta General Runoff Election to be held on December 1, 2009; to authorize the expenses incurred under the contract be paid from the allocation previously authorized by Ordinance 09-O-0654; to appoint the DeKalb County Board of Registration and Elections, with its Election Supervisor acting as its Agent, as Municipal Election Superintendent for the purpose of conducting said election, as Absentee Ballot Clerk and as Municipal Registrar; and for other purposes.

REFERRED TO COMMITTEE ON COUNCIL BY A ROLL CALL VOTE OF 12 YEAS; 0 NAYS

ORDINANCES FOR SECOND READING

09-O-1311 ( 1)       A Substitute Ordinance by Committee on Council to amend Chapter 114, (Personnel), Article I, (In General), Section 114-2 (g), (Standards of Conduct Prescribed; Penalty for Violation), of the Code of Ordinances of the City of Atlanta, Georgia, so as to include any member or officer of a Commission, Council or Board who is appointed or confirmed by an Elected Official or Officials of the City, and to clarify the date upon which the resignation of any such member or officer shall be effective; to amend Subsections (a), (b), (c), (d), (e) and (k) of Section 114-2 so as to clarify said Subsections; to waive conflicting ordinances; and for other purposes.

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

09-O-1382 ( 2)       An Ordinance by Councilmember Felicia A. Moore as Substituted by Committee on Council to amend the 2001 City of Atlanta Precincts and Polling Places in Precincts 9K, 9N and 12C as a result of abolishing/combining and permanently moving Precincts; and for other purposes.

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

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

CITY UTILITIES COMMITTEE  (1)

CEASAR C. MITCHELL, VICE-CHAIR

Attendance at the July 28, 2009 meeting of the City Utilities Committee was as follows:

Present:       Councilmembers Mitchell (Vice-Chair), Muller, Young, Archibong and Sheperd

Absent:        Councilmembers Smith and Shook

ORDINANCES FOR SECOND READING

09-O-1223 ( 1)       An Ordinance by City Utilities Committee authorizing the Mayor to execute a Franchise Agreement between the City of Atlanta and Comcast of Georgia/Virginia, Inc., for the purpose of renewing the Cable Franchise granted for the construction, reconstruction, operation and maintenance of a Cable Communications System within the City; and for other purposes.  (Advertised for a Public Hearing 8/31/09 at 6:00 p.m. in the Council Chambers)  (2^ND READING, 1^ST ADOPTION)

REFERRED TO CITY UTILITIES COMMITTEE BY A ROLL CALL VOTE OF 12 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

COMMITTEE REPORTS  (CONT’D)

CITY UTILITIES COMMITTEE  (2)

CEASAR C. MITCHELL, VICE-CHAIR

ORDINANCES FOR SECOND READING  (CONT’D)

09-O-1371 ( 2)       An Ordinance by Councilmember Ceasar C. Mitchell to waive the requirements of Section 138-24(b)(2) of the City of Atlanta Code of Ordinances so as to permit the entry into an encroachment agreement by and between the City of Atlanta and the Trumpet Awards Foundation, Inc., and to authorize the Mayor or her designee to enter into said encroachment agreement, said agreement to allow for the installation of granite markers to be installed into the public sidewalk to become a part of the Civil Rights Walk of Fame within the public right-of-way; and for other purposes.  (Councilmember Young made a motion to approve on condition.)

Vice-Chairperson Mitchell sounded the caption to Ordinance 09-O-1371 and noted the committee recommendation was Favorable on Condition (agreement between Trumpet Awards and City of Atlanta and a full agreement with adjacent property owner).  Vice-Chairperson Mitchell then made a Motion to bring forth a Substitute.  Without Objection, the Motion CARRIED by a roll call vote of 10 yeas; 0 nays; 2 abstentions.  The Substitute was before Council.  After Mr. Mitchell explained the changes in the Substitute, the Motion to Adopt on Substitute CARRIED by a roll call vote of 12 yeas; 0 nays; 1 abstention.  Following, Councilmember Archibong made a Motion to Reconsider the ordinance.  Without Objection, the Motion CARRIED by a roll call vote of 11 yeas; 0 nays; 2 abstentions.  Ordinance 09-O-1371 was then before Council.  Subsequently, the Motion to Adopt on Substitute CARRIED by a roll call vote of 8 yeas; 0 nays; 2 abstentions.

NOTE:  Councilmembers Hall and Maddox stated for the record their abstention to Ordinance 09-O-1371 was due to a potential conflict of interest.

ADOPTED SUBSTITUTE BY A ROLL CALL VOTE OF 8 YEAS; 0 NAYS; 2 ABSTENTIONS

Council President Pro Tempore Natalyn Archibong Presided

COMMITTEE REPORTS  (CONT’D)

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE  (1)

JIM MADDOX, CHAIR

Attendance at the July 28, 2009 meeting of the Community Development/Human Resources Committee was as follows:

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

Absent:        None

RESOLUTION

09-R-1377 ( 1)        A Resolution by Councilmember Joyce Sheperd authorizing the Bureau of Planning to change the lot dimensions on the City of Atlanta Cadastral Map for an improved legal, non-conforming lot at 2179 Lang Drive; and for other purposes.

Municipal Clerk Rhonda Dauphin Johnson sounded the caption to Resolution 09-R-1377 on behalf of Chairperson Maddox.  Following, Mr. Maddox stated the recommendation from committee was Favorable on condition.  Chairperson Maddox stated Councilmember Sheperd (author of legislation) said conditions have been met and therefore made a Motion to Adopt.  Without Objection, the Motion CARRIED by a roll call vote of 12 yeas; 0 nays.

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

PERSONAL PAPERS

Council President Pro Tempore Natalyn Archibong Presided

PERSONAL PAPERS

RESOLUTIONS/ADOPTED

09-R-1399 ( 1)        A Resolution by Councilmember Jim Maddox as Amended by Full Council recognizing the International Committee of the Mayor of Moscow, Russia; acknowledging the Friendship Force Atlanta Delegation Trade Mission to the cities of Moscow and St. Petersburg, Russia during the week of September 15, 2009; bringing greetings and well wishes to the people and cities of Moscow and St. Petersburg, Russia from the City of Atlanta, Georgia, USA; and for other purposes.

Councilmember Maddox made a Motion to Adopt Resolution 09-R-1399.  It was properly Seconded and the Motion CARRIED by a roll call vote of 9 yeas; 1 nay.  However, later during the meeting, Councilmember Archibong made a Motion to Reconsider resolution 09-R-1399.  It was properly Seconded and the Motion CARRIED by a roll call vote of 9 yeas; 0 nays.  The resolution was before Council.  Councilmember Archibong then offered an Amendment to state “that no City funds shall be used for travel or the related expenses associated with the City’s recognition of the International Committee of the Mayor of Moscow, Russia, and acknowledging the Friendship Force Atlanta Delegation Trade Mission to the Cities of Moscow and St. Petersburg Russia during the week of September 15, 2009.”  It was properly Seconded and Archibong Amendment CARRIED by a roll call vote of 9 yeas; 0 nays.  Subsequently, the Motion to Adopt as Amended CARRIED by a roll call vote of 8 yeas; 1 nay.

ADOPTED AS AMENDED BY A ROLL CALL VOTE OF 8 YEAS; 1 NAY

Council President Pro Tempore Natalyn Archibong Presided

PERSONAL PAPERS  (CONT’D)

RESOLUTIONS/ADOPTED  (CONT’D)

09-R-1400 ( 2)        A Resolution by Councilmember Jim Maddox as Amended by Full Council recognizing the Hemispheric Summit of Cities and Local Governments to be held in Mar Del Plata, Argentina from September 2-4, 2009; acknowledging the Atlanta Delegation’s attendance at said summit; bringing greetings and well wishes to the people and City of Mar Del Plata, Argentina from the City of Atlanta, Georgia, USA; and for other purposes.

Councilmember Maddox made a Motion to Adopt Resolution 09-R-1400.  It was properly Seconded and a brief discussion ensued, during which, Councilmember Archibong offered an Amendment to state “that no City funds shall be used for travel and related expenses associated with the City’s recognition of the Hemispheric Summit of Cities and Local Governments to be held in Mar Del Plata, Argentina from September 2-4, 2009.”  It was properly Seconded and the Archibong Amendment CARRIED by a roll call vote of 9 yeas; 0 nays.  Subsequently, the Motion to Adopt as Amended was moved.  Properly Seconded, the Motion CARRIED by a roll call vote of 8 yeas; 1 nay.

ADOPTED AS AMENDED BY A ROLL CALL VOTE OF 8 YEAS; 1 NAY

09-R-1401 ( 3)        A Resolution by Councilmember Ceasar C. Mitchell affirming the City of Atlanta’s support of and partnership with the 2010 Census; and for other purposes.

Councilmember Mitchell made a Motion to Adopt Resolution 09-R-1401.  It was Seconded by Councilmember Moore and the Motion CARRIED by a roll call vote of 8 yeas; 0 nays.

ADOPTED BY A ROLL CALL VOTE OF 8 YEAS; 0 NAYS

ORDINANCES/REFERRED

09-O-1402 ( 1)       An Ordinance by Councilmember Anne Fauver to amend

Z-09-30                 Chapter 29 of Part 16 of the Zoning Ordinance of the City of Atlanta to define Bed and Breakfast Inns; to add Bed and Breakfast Inns as a permitted principal use and structure in the SPI-11 Vince City & Ashby Station Special Public Interest Zoning District, Subareas 4, 5, 6 and 7; to add Bed and Breakfast Inns as a permitted principal use and structure in the SPI-17 Piedmont Avenue Special Public Interest District, Subarea 4; to provide limitations and requirements for such use; and for other purposes.

REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE WITHOUT OBJECTION

Council President Pro Tempore Natalyn Archibong Presided

PERSONAL PAPERS  (CONT’D)

ORDINANCES/REFERRED  (CONT’D)

09-O-1403 ( 2)       An Ordinance by Councilmember Anne Fauver transferring funds from the District 6 Councilmember expense accounts to fund a portion of cost associated with extension of the Welborne Road and Lenox Road Trailheads to the planned South Fork Peachtree Creek Bridge; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

09-O-1404 ( 3)       An Ordinance by Councilmember Anne Fauver to waive Section 150-207(a) of the Code of Ordinances of the City of Atlanta to allow roller skating in the streets of Atlanta on October 11, 2009 for the 28^th Annual Athens to Atlanta Road Skate; and for other purposes.

REFERRED TO TRANSPORTATION COMMITTEE WITHOUT OBJECTION

09-O-1406 ( 4)       An Ordinance by Councilmembers Felicia A. Moore, Joyce Sheperd, Howard Shook, Clair Muller, Carla Smith, C. T. Martin, Mary Norwood, Ivory Lee Young, Jr., Anne Fauver Ceasar C. Mitchell, Kwanza Hall, H. Lamar Willis, Jim Maddox, Natalyn Mosby Archibong and Cleta Winslow to amend the Charter of the City of Atlanta, Georgia, 1996 Ga. Laws P. 4469, Et. Seq., under and by virtue of the authority of the Municipal Home Rule Act of 1965, O.C.G.A. Section 36-35-1, Et. Seq., as amended, by amending Part 1, Subpart A, Article VI (Revenue and Fund Administration), Chapter III (Fiscal Control) to create a new Section which shall be Section 6-312 to be entitled Financial Stabilization Plan, which new Section 6-312 shall provide for the development and adoption of an Annual Financial Stabilization Plan covering a period of five years; to repeal conflicting ordinances; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

Council President Pro Tempore Natalyn Archibong Presided

PERSONAL PAPERS  (CONT’D)

ORDINANCES/REFERRED  (CONT’D)

09-O-1407 ( 5)       An Ordinance by Councilmember Howard Shook a First Amendment to an ordinance supplementing the restated and amended Master Bond Ordinance of the City of Atlanta adopted on March 20, 2000 (99-O-1896), as previously amended and supplemented, particularly as amended and supplemented by the Fourteenth Supplemental Bond Ordinance adopted on July 6, 2009 (09-O-1099); to modify the prior sub-series designations provided for in the Fourteenth Supplemental Bond Ordinance so as to provide for the issuance of Airport General Revenue Bonds Series 2009B (The “Series 2009B Bonds”) and to provide for the issuance of Airport Passenger Facility Charge and Subordinate Lien General Revenue Bonds Series 2009C (The “Series 2009C Bonds,” together with the Series 2009B Bonds, The “Series 2009B/C Bonds”) in the combined aggregate principal amount of not to exceed $800,000,000; to amend the debt service reserve requirement for Passenger Facility Charge and Subordinate Lien General Revenue Bonds; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

09-O-1408 ( 6)       An Ordinance by Councilmember Kwanza Hall to impose interim controls on building permits and demolition permits within the Poncey-Highland Neighborhood until the Poncey-Highland Neighborhood Master Plan is completed and adopted; and for other purposes.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

09-O-1410 ( 7)       An Ordinance by Councilmembers Natalyn Archibong and Carla Smith authorizing the establishment of the Division of Sustainability in the Department of the Executive Offices, to amend Chapter 114, Personnel, Article “V,” Classification Plan of the Code of Ordinances, City of Atlanta, Georgia, so as to create positions, and provide for certain positions above entry hiring authorization; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

09-O-1411 ( 8)       An Ordinance by Councilmembers Natalyn Archibong, Carla Smith and Cleta Winslow amending the 2009 (Intergovernmental Grant Fund) Budget, Department of Executive Offices, by adding to anticipations and appropriations in the amount of $231,936.00 for the Energy Efficiency and Conservation Block Formula Grant from the United States Department of Energy, for the purpose of funding the Division of Sustainability; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

Council President Pro Tempore Natalyn Archibong Presided

PERSONAL PAPERS  (CONT’D)

RESOLUTIONS/REFERRED

09-R-1405 ( 1)        A Resolution by Councilmember Jim Maddox authorizing the creation of a task force to review the issue of smoke free workplaces, bars, hotels, restaurants and other public places in the City of Atlanta; and for other purposes.

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

09-R-1409 ( 2)        A Resolution by Councilmembers Kwanza Hall, Cleta Winslow, H. Lamar Willis, Jim Maddox, Ceasar C. Mitchell, Ivory Lee Young, Jr., Natalyn Archibong and Mary Norwood recommending that the remaining City of Atlanta Title XX allocation of $42 million (ACORA Funds) be placed in a revolving loan fund to the Atlanta City Credit Union; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

ADJOURNMENT

Council President Pro Tempore Natalyn Archibong Presided

ADJOURNMENT

There being no further business to discuss, the August 17, 2009 meeting of the Atlanta City Council was adjourned at 6:40 p.m.

ADJOURNMENT ROLL CALL:  Council President Lisa M. Borders (E); Councilmembers Hall, Young, Winslow, Archibong, Shook, Moore, Maddox, Mitchell, Norwood and Willis (10); Councilmembers Smith, Fauver, Muller and Martin were excused (4).