Note: To view the full details of the legislation, click on the ID number underlined on the left at the start of the caption. You will need Adobe Acrobat Reader to view the details. If you do not have the reader, download it here.

Note:  A complete listing of items 5 and 8 may not appear in this version.

Order of Business for the Atlanta City Council

Monday, July 20, 2009

The Honorable Lisa Borders, Presiding

1:00 P.M.

 1.        Call to Order

 2.        Roll Call

 3.        Invocation

 4.        Pledge of Allegiance

                                                                                                                                               Page

 5.        Proclamations, Commendations and other Special Awards                                          2

 6.        Remarks by the Public

 7.        Report of the Journal

 8.        Communications                                                                                                            2

 9.        Adoption of Agenda

10.       Consideration of Vetoed Legislation                                                                           

11.       Unfinished Business                                                                                                     

12.       Consent Agenda                                                                                                            3

13.       Report of Standing Committees                          Committee Chairs                      Pages

            Community Development/Human

            Resources Committee                                              Jim Maddox                                  22

            Public Safety and Legal

            Administration Committee                                      Cleta Winslow                              32

            Transportation Committee                                       Clair Muller                                   40

            Zoning Committee                                                   Ivory L. Young, Jr.                       42

            Finance/Executive Committee                                 Howard Shook                              47

            Committee on Council**                                         Felicia A. Moore                           59

            City Utilities Committee                                          Carla Smith                                   62

14.       Personal Papers/Resolutions for immediate consideration

15.       Personal Papers and General Remarks

16.       Adjournment: Roll Call

*          No Report

**        No Report at Time of Agenda Preparation

***      Items that did not appear on any committee’s regular printed agenda.  (Pages 10 & 48)

5.         PROCLAMATIONS, COMMENDATIONS AND OTHER SPECIAL AWARDS

Councilmember Kwanza Hall – proclamation being presented:

In Honor of Aetna

In Honor of Inman Park Dine Out for Public Safety

Councilmember Cleta Winslow – proclamation being presented:

In Honor of Police Department for National Night Out on August 4^th

Councilmember Clair Muller – proclamation being presented to:

In Honor of the Chastain Park Tidal Waves Swim Team

8.         COMMUNICATIONS

09-C-1312 ( 1)           A Communication by Chief Procurement Officer Adam L. Smith submitting the July 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. 

RECOMMENDATION TO FILE

C O N S E N T      A G E N D A

There will be no separate discussion of these items.  If discussion on any item is desired, the item will be removed from the Consent Agenda and will be considered separately - excerpt from 11.2, Consent Agenda; Rules for the Conduct of Business for the Council of the City of Atlanta.

SECTION I

ORDINANCES FOR SECOND READING

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR

09O1118( 1)            A Substitute Ordinance by Community

CDP-09-27                 Development/Human Resources Committee adopting the Edgewood Avenue Community Redevelopment Plan into the 2008 City of Atlanta Comprehensive Development Plan; and for other purposes.  (Public Hearing held 7/14/09)

09O1119( 2)            An Ordinance by Community Development/Human Resources Committee authorizing the Mayor, on behalf of the City of Atlanta, to enter into a Lease Agreement with the Galloway School, for operations and maintenance at the Chastain Park Pool Concession Building; and for other purposes.

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

09O1177( 3)            An Ordinance by Public Safety and Legal Administration Committee to amend Chapter 98, Law Enforcement, Article II, Department of Police, Division 2, Promotional Policy, Section 98-70, qualifications for eligibility, of the Code of Ordinances of the City of Atlanta, Georgia, so as to amend the qualifications for eligibility to compete for the rank of police sergeant so that they do not conflict with the minimum qualifications to be eligible to compete for the rank of police sergeant as set forth in Chapter 114, Personnel, Article IV, Civil Service, Division 7, Examinations, Subdivision II, Police, Fire and Corrections promotions, Section 114-236, minimum qualifications to compete; to repeal conflicting ordinances; and for other purposes.

09O1180( 4)            An Ordinance by Public Safety and Legal Administration Committee rescinding Ordinance 09-O-0083 and amending the 2009 (Intergovernmental Grant Fund) Budget, Department of Police, by adding to anticipations and appropriations in the amount of $40,658.72, for Grant Funds from the United States Department of Justice Bulletproof Vest Partnership in the amount of $20,329.36 and matching funds in the amount of $20,329.36 from the General Fund Budget; and for other purposes.

09O1181( 5)            An Ordinance by Public Safety and Legal Administration Committee rescinding Ordinance 09-O-0084 and amending the 2009 (Intergovernmental Grant Fund) Budget, Department of Police, by adding to anticipations and appropriations in the amount of $232,500.00, for a Grant Award from the Governor’s Office of Highway Safety and matching funds in the amount of $93,000.00 from the General Fund Budget, to fund the Highway Enforcement of Aggressive Traffic; and for other purposes.

09O1182( 6)            An Ordinance by Public Safety and Legal Administration Committee amending the 2010 (Intergovernmental Grant Fund) Budget, Department of Police, by adding to anticipations and appropriations in the amount of $5,654,431.00 for an Edward Byrne Memorial Justice Assistance Grant (“JAG”) Award from the United States Department of Justice; and for other purposes.

FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR

09O1105( 7)            An Ordinance by Councilmember Natalyn Mosby Archibong as substituted (#2) by Finance/Executive Committee amending the City of Atlanta’s Code of Ordinances Section 3-304 entitled “Chief Financial Officer” for the purpose of inserting language expanding the duties, requirements and responsibilities of this office; and for other purposes.

09O1185( 8)            A Substitute Ordinance by Finance/Executive Committee to authorize the Mayor or her designee to waive the payment provisions contained in Article X, Procurement and Real Estate Code, of the City of Atlanta Code of Ordinances, to authorize the Chief Financial Officer to remit payment for the Contract Year beginning January 1, 2009, to Comsquared Systems, Inc., for the Unisearch Document Management System Software and Hardware Support and Maintenance in an amount not to exceed $161,730.00 to be charged to and paid from FDOA Number 1001 (General Fund) 050211 (IT Network Management) 5316015 (Software ($5,000+)) 1535000 (Data Processing/Management Information System); to ratify the prior provision of services from January 1, 2008 through July 31, 2009 and to authorize the Mayor to execute a Sole Source Purchase Agreement with Comsquared Systems, Inc., for three (3) years with an effective date of January 1, 2008 and ending December 31, 2010 on behalf of the Department of Information Technology, in an annual amount not to exceed $161,730.00 per year, to be charged to and paid from FDOA Number 1001 (General Fund) 050211 (IT Network Management) 5316015 (Software ($5,000+)) 1535000 (Data Processing/Management Information System); and for other purposes.

09O1210( 9)            A Substitute Ordinance by Finance/Executive Committee to waive the City of Atlanta Code of Ordinances Article X, Procurement and Real Estate Code, to authorize the Mayor or her designee to execute Renewal Agreement No. 2 FC-6006007915 Critical Safety Systems Support with Northrop Grumman on behalf of the Department of Information Technology, in an amount not to exceed $1,900,000.00 and to ratify the prior provision of services after the expiration of Renewal Agreement Number 1.  All contracted work to be charged to and paid from Fund, Department Organization and Account Number 2151 (Emergency Telephone System Fund) 240207 (APD E911) 5213001 (Consulting/Professional Services-Technical) 3800000 (E911); and for other purposes.

09O1214(10)           An Ordinance by Councilmember C. T. Martin as amended by Finance/Executive Committee to allow excess Annual Leave and Compensatory Time Carried Forward into the year 2009 pursuant to Ordinance 07-O-1801, to be carried over into the year 2010; to provide that such excess leave time be used by the end of the last pay period in 2010; to repeal conflicting ordinances; and for other purposes.

09O1215(11)           An Ordinance by Councilmembers Howard Shook and Carla Smith as substituted by Finance/Executive Committee to authorize an additional payment of $19,010.00 for Contract FC-4798, Watershed Management Audit, and to appropriate $19,010.00 for the additional contract payment to KPMG, LLP.

09O1216(12)           An Ordinance by Councilmembers Howard Shook and Carla Smith as substituted by Finance/Executive Committee to anticipate and appropriate Bond Proceeds for the City of Atlanta Water and Wastewater Bonds, Series 2009A of $750,000,000.00; to amend the source of funding identified in legislation previously authorized by the Atlanta City Council for contracts on behalf of the Department of Watershed Management; and for other purposes.

CITY UTILITIES COMMITTEE – CEASAR C. MITCHELL, VICE-CHAIR

09O0500(13)           An Ordinance by Councilmember Ceasar C. Mitchell as substituted by City Utilities Committee to transfer $18,000.00 from the Contingency FD Unrestricted Account to the Department of Public Works to be used to assist in funding the Cahaba Drive Walking Path Project; and for other purposes. 

09O1112(14)           An Ordinance by City Utilities Committee authorizing the City of Atlanta to anticipate funds for the Care and Conserve Program, on behalf of the Department of Watershed Management, in the amount of $340,468.00; and for other purposes.

09O1113(15)           An Ordinance by City Utilities Committee authorizing the Chief Financial Officer to amend the FY 2009 Budget (2004 Water and Wastewater Bond Fund-5058) in the amount of $190,240.23 to transfer funds from the Capital Projects Reserve (5058) for appropriations and to add to appropriation funds for the GA Tech Midtown Water Main Replacement Project; and for other purposes.

RESOLUTIONS

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR

09R1123( 1)            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 Club Sport Ventures, Inc., such that Club Sport Ventures, Inc. may maintain, operate, and provide programming at Peachtree Hills Park; and for other purposes.

09R1125( 2)            A Substitute Resolution by Community Development/Human Resources Committee authorizing the Mayor, on behalf of the City of Atlanta, to enter into a Operating and Lease Agreement with the East Atlanta Kids Club, Inc., such that East Atlanta Kids Club, Inc., may maintain, operate, and provide programming at the Brownwood Park Recreation Center and the adjacent Brownwood Park; and for other purposes.

09R1219( 3)            A Resolution by Councilmember Ivory Lee Young, Jr., authorizing the Mayor to apply for and accept a grant from the Georgia Department of Community Affairs under the CDBG Supplemental Disaster Recovery Funds in the amount of $750,000.00; and for other purposes.

PUBLIC SAFETY AND LEGALADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

09R1286( 4)            A Resolution by Public Safety and Legal Administration Committee amending Resolution Number 07-R-2331 so as to correct the amount of damages contained in said  Resolution from $525.00 to $2,083.92 in settlement of the claim of Jonathan Low against the City of Atlanta; and for other purposes.

TRANSPORTATION COMMITTEE - CLAIR MULLER, CHAIR

09R1292( 5)            A Resolution by Transportation Committee authorizing the Mayor to execute an Agreement with Alliance Ground International, LLC covering the occupancy and use of Cargo Warehouse and Operations Space at Hartsfield-Jackson Atlanta International Airport; and for other purposes.

09R1293( 6)            A Resolution by Transportation Committee authorizing the Mayor to execute an Airport Use License Agreement with Alaska Airlines, Inc. for operations at Hartsfield-Jackson Atlanta International Airport; and for other purposes.

09R1294( 7)            A Resolution by Transportation Committee authorizing the Mayor to execute an Airport Use License Agreement with Great Wall Airlines Company Limited for operations at Hartsfield-Jackson Atlanta International Airport; and for other purposes.

09R1295( 8)            A Resolution by Transportation Committee on behalf of the Department of Aviation authorizing the Mayor to execute Agreements between the City of Atlanta and Wireless Internet Service Providers to utilize Airport Equipment to provide Wireless Internet Service on the Unlicensed Radio Spectrum in the Main Terminal and Concourses T through E at Hartsfield-Jackson Atlanta International Airport for a term of two years; and for other purposes.

09R1296( 9)            A Resolution by Transportation Committee authorizing the Mayor to rescind Resolution 09-R-0253 and execute an Amendment to the Hartsfield-Jackson Atlanta International Airport Agreement and Lease with Delta Airlines, Inc. covering the deletion and addition of various premises which are located in the Terminal Building, Concourses T and E and Ground Service Equipment Area at Hartsfield-Jackson Atlanta International Airport; and for other purposes.

09R1297(10)           A Resolution by Transportation Committee authorizing the Aviation General Manager, or his designee, to issue Task Order Contract No. FC-3007000038-A, Managing General Contractors, with Archer Western Contractors, Ltd./Capital Contracting Company, Inc., a Joint Venture, in a collective amount not to exceed $2,075.000.00, to provide upgrades to the College Park Sanitary Sewer Lift Stations No. 1 and No. 2.  All services will be charged to and paid from PTAEO18101595 (E0520 Commuter Runway) 102 (R21E052096AA) 550591336 (DOA PFC Revenue 96AA) 5414002 (Facilities other than Bldgs/Infrastructure-CIP) and FDOA 5505 (Airport Passenger Facility Charge Fund) 180201 (DOA Aviation Capital Planning & Development) 5414002 (Facilities other than Bldgs/Infrastructure-CIP) 7563000 (Airport) 101595 (E0520 Commuter Runway) 91336 (DOA PFC Revenue 96AA) 0000 (Default) 00000000 (Default) 00000000 (Default); and for other purposes.

09R1298(11)           A Resolution by Transportation Committee authorizing the Aviation General Manager, or his designee, to issue Task Orders under Contract No. FC-3007000038-F, Managing General Contractors, with GSC Atlanta, Inc./Civil Works, Inc., a Joint Venture, in a collective amount not to exceed $3,000,000.00, to provide Airfield Pavement Repairs and Maintenance 2009 at Hartsfield-Jackson Atlanta International Airport.  All services will be charged to and paid from PTAEO: 18101682 (E0522 Airfield Pavement Repair) 102 (R21E05229999) 550291249 (DOA RNE 9999) 5414002 (Facilities other than Bldgs/Infrastructure-CIP) and FDOA 5502 (Airport Renewal & Extension Fund) 18020 (DOA Aviation Planning & Development) 5414002 (Facilities other than Bldgs/Infrastructure-CIP) 7563000 (Airport) 101682 (E0522 Airfield Pavement Repair) 91249 (DOA RNE 9999) 0000 (Default) 00000000 (Default) 00000000 (Default).

FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR

09R1302(12)           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-5237H with BMC Software Distribution, Inc., for the purchase of Consulting Services for

the Remedy Help Desk Application Upgrade to Version 7.X on behalf of the Department of Information Technology in an amount not to exceed $129,875.00; all contracted work shall be charged to and paid from Fund, Department Organization and Account Number 1001 (General Fund) 050202 (IT Applications) 5316015 (Software ($5,000.00+)) 1535000 (Data Processing/Management Information System); and for other purposes.

09R1303(13)           A Substitute Resolution by Finance/Executive Committee to execute Amendment No. 3 to Contract FC-4734, Cooperative Agreement for Fast Track Repairs/Construction Tasks for Fulton County, GA Contract #06ITB512353K-JD, between the City of Atlanta and Centennial Contractors Enterprises, Inc., on behalf of the Department of Executive Offices (Office of Enterprise Asset Management), to include the relocation of Atlanta Fire Rescue Department furniture and equipment from City Hall East to the new Public Safety Headquarters, in an amount not to exceed $150,000.00; all contracted work to be charged to and paid from Fund (1001), Dept (200207), Account (5212001), Funct/Act (7520000), Project (000000), Award (00000); and for other purposes.

09R1308(14)           A Resolution by Finance/Executive Committee authorizing

***                              the Mayor’s Office to apply for the U. S. Environmental Protection Agency Climate Showcase Communities Grant in an amount not to exceed $500,000.00 to promote Greenhouse Gas Reduction within the City of Atlanta; and for other purposes.

09R1310(15)           A Resolution by Finance/Executive Committee authorizing

***                              the Mayor to execute Option Year Two (2) of an Intergovernmental Agreement with the Housing Authority of the City of Atlanta, Georgia, (“AHA”) to perform Environmental Reviews for AHA Projects and Activities which receive Federal Financial Assistance; and for other purposes.

CITY UTILITIES COMMITTEE – CEASAR C. MITCHELL, VICE-CHAIR

09R1224(16)           A Resolution by City Utilities Committee authorizing the Mayor to her designee to enter into an agreement between the City of Atlanta and National Center for Civil and Human Rights to allow for the installation of granite markers to be a part of the Civil Rights Walk of Fame within the public right-of-way; and for other purposes.

09R1225(17)           A Resolution by City Utilities Committee authorizing the Mayor to her designee to enter into an agreement between the City of Atlanta and Brookwood Hills Community Club, Inc., to allow for the erection of Neighborhood Monuments within the public right-of-way; and for other purposes.

09R1226(18)           A Resolution by City Utilities Committee authorizing the Mayor to her designee to enter into an agreement between the City of Atlanta and Rubicon, L. C., to allow for the erection of a retaining wall within the public right-of-way; and for other purposes.

09R1227(19)           A Substitute Resolution by City Utilities Committee authorizing the Mayor to issue a Notice to Proceed with Arcadis/Brindley, Pieters and Associates, a Joint Venture, for FC-7619-03A, Annual Contract for Architectural and Engineering Services, for the Lakewood Heights Town Center Project and for the Design and Construction Management Services on the Peachtree Road/Peachtree Battle Intersection Improvement Project on behalf of the Department of Public Works in an amount not to exceed $280,033.00; all contracted work being charge to and paid from Fund Department, Function Activity and PTAEO Funding Source listed; and for other purposes.

09R1228(20)           A Resolution by City Utilities Committee authorizing the Mayor to execute Amendment Agreement No. 5 for the agreement with Southeast Energy Assistance, for FC-6005007948, Care and Conserve Program, on behalf of the Department of Watershed Management to provide for the continued administration of the program in an amount not to exceed $770,000.00 to be charged to and paid from Fund, Account, Center Number) 7701 (Trust Fund) 170101 (DWM Commissioner for Watershed Management) 5239004 (Service Grants) 1320000 (Chief Executive) 201333 (Care Conserve Fund) 11690 (Private Contri VAR Yrs QNA0); and for other purposes.

09R1229(21)           A Resolution by City Utilities Committee to correct Resolution Number 08-R-2419 adopted by the City Council on May 4, 2009 and approved by the Mayor on May 12, 2009 by deleting the incorrect Department Organization and Expenditure and Description and inserting in lieu thereof the correct Department Organization and Expenditure Number and Description; and for other purposes.

09R1231(22)           A Resolution by City Utilities Committee authorizing the Mayor to issue a Notice to Proceed to Atlanta Services Group, Joint Venture, for FC-7619-03B, Annual Contract for Architectural and Engineering Services, South River Tunnel and Pumping Station Engineering & Management Support during construction, on behalf of the Department of Watershed Management, in an amount not to exceed $328,060.00; all contracted work will be charged to and paid from Fund, Department Organization and Account Number: 5058 (2004 Water & Wastewater Bond Fund) 170215 (DWM Wastewater Sewer Repair) 5212001 (Consulting/Professional Services) 4333000 (New Sewer Services) and Project Award Task Expenditure and Organization Number 17110345.102.50581445.5212001 COA; and for other purposes.

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

Claims with favorable recommendations:

09-R-1234 ( 1)            Claim of Dale Pratz, through his attorney, Charles Edward Lake, Jr., for damages alleged to have been sustained as a result of an automobile accident on June 3, 2008 at 1540 Northside Drive, NW.                                                            $30,000.00

09-R-1235 ( 2)            Claim of Monique Riley, through her attorney, Daniel C. Jason, for damages alleged to have been sustained as a result of an automobile accident on October 24, 2008 at 902 Donald Lee Hollowell Parkway.                                                         $15,000.00

09-R-1236 ( 3)            Claim of Andrew Garrett, for damages alleged to have been sustained as a result of walking on an uncovered water meter box on October 27, 2008 at 856 McDaniel Street.     $5,000.00

09-R-1237 ( 4)            Claim of Ziming Zhao, for damages alleged to have been sustained as a result of an automobile accident on June 4, 2009 at Howell Mill Road, NW and Trabert Avenue, NW.                                                                                                $4,329.41

09-R-1238 ( 5)            Claim of Sophronia Qualls and Charles W. Foster, for vehicular damages alleged to have been sustained due to an automobile accident on March 7, 2009 at Atlanta Road and Cumberland Parkway.                                                            $3,919.08

09-R-1239 ( 6)            Claim of Herman Pierre, Jr., for vehicle damages alleged to have been sustained as a result of a sewer back-up on March 2, 2009 at 1778 Valley Ridge Drive.  $3,189.63

09-R-1240 ( 7)            Claim of Zira Thomas, for damages alleged to have been sustained as a result of an automobile accident to June 9, 2009 at McDaniel Street, SW and Interstate 20 WB exit.                                                                                                $2,775.00

09-R-1241 ( 8)            Claim of Harvey Miller, Jr., for damages alleged to have been sustained as a result of a vehicular accident on January 30, 2009 at Central Avenue and Ralph David Abernathy Boulevard.                                                                              $2,025.00

09-R-1242 ( 9)            Claim of Chadron Moore, for damages alleged to have been sustained as a result of striking a pothole on April 21, 2009 at Collier Road, NW and Woodland Hill Road, NW.  $1,802.29

09-R-1243 (10)           Claim of Willie Dorsey, for damages alleged to have been sustained as a result of a vehicular accident on July 25, 2008 at 6000 North Terminal Parkway. $1,253.00

09-R-1244 (11)           Claim of Ronald Ross, Jr., for vehicle damages alleged to have been sustained as a result of driving over a raised manhole on October 26, 2008 near 2909 Castlewood Drive.   $1,158.11

09-R-1245 (12)           Claim of Ryan Holte, for vehicle damages alleged to have been sustained as a result of a damaged water line during  the installation of a sidewalk on October 6, 2008 at 1036 Los Angeles Avenue.                                                                     $1,058.94

09-R-1246 (13)           Claim of Calvin Bradford, for damages alleged to have been sustained as a result of flooding on August 31, 2008 at 2707 Hedgewood Drive.                   $1,040.33

09-R-1247 (14)           Claim of Gregory Lee, for vehicle damages alleged to have been sustained as a result of driving over a pothole on April 12, 2009 at Pryor Street and Lakeside Avenue.      $1,036.20

09-R-1248 (15)           Claim of Martha and Deontre D. Parker, for damages alleged to have been sustained as a result of an automobile accident on May 14, 2009 at 1140 Donald Lee Hollowell Parkway, NW.                                                                                        $1,001.50

09-R-1249 (16)           Claim of Douglas Halka, for damages alleged to have been sustained as a result of striking metal plates on December 14, 2008 at Lenox Road, NE.      $920.73

09-R-1250 (17)           Claim of Michael Davis, for damages alleged to have been sustained as a result of striking a pothole on December 22, 2008 at 370 Western Avenue.       $905.58

09-R-1251 (18)           Claim of Nancy Dorough Powell, for damages alleged to have been sustained as a result of a vehicular accident on November 6, 2008 at 3076 Saint Anne’s Lane.           $858.57

09-R-1252 (19)           Claim of Antionette Grier and Jamal Pearson, for damages alleged to have been sustained as a result of striking a pothole on April 7, 2009 on Campbellton Road, SW.           $781.95

09-R-1253 (20)           Claim of Deborah Stanton, for damages alleged to have been sustained as a result of driving into an uncovered water meter box on September 24, 2008 at 203 Hildebrandt Drive, Sandy Springs.                                                                                   $681.25

09-R-1254 (21)           Claim of Dwayne Adgar, for damages alleged to have been sustained as a result of a trip and fall incident in an uncovered catch basin on May 24, 2008 at 56 Hilliard Street, SE.                                                                                                $634.80

Claims with unfavorable recommendations:

09-R-1255 (22)           Claim of Vicki Daniels, through her attorney, Courtney Martin, for damages alleged to have been sustained during an arrest on July 26, 2008 at 2457 Martin Luther King, Jr. Drive.

09-R-1256 (23)           Claim of Yvette Bacon, through her attorney, Keenan Nix, for damages alleged to have been sustained as a result of an automobile accident on December 4, 2008 at Cascade Road and Kimberly Road.

09-R-1257 (24)           Claim of Darrick Simpson, for bodily injuries alleged to have been sustained from an automobile accident on November 19, 2006 at Fulton Industrial Boulevard and I-20 Westbound exit ramp.

09-R-1258 (25)           Claim of Travis Gordon, through his attorney, Darius E. Bennett, for damages alleged to have been sustained as a result of an automobile accident on September 19, 2008 at 1941 Myrtle Drive, SW.

09-R-1259 (26)           Claim of Laura Green, through her attorney, Darius E. Bennett, for damages alleged to have been sustained as a result of an automobile accident on September 19, 2008 at 1941 Myrtle Drive, SW.

09-R-1260 (27)           Claim of Jambres Jennings, through her attorney, Darius E. Bennett, for damages alleged to have been sustained as a result of an automobile accident on September 19, 2008 at 1941 Myrtle Drive, SW.

09-R-1261 (28)           Claim of Amanda Willis, through her attorney, Darius E. Bennett, for damages alleged to have been sustained as a result of an automobile accident on September 19, 2008 at 1941 Myrtle Drive, SW.

09-R-1262 (29)           Claim of Leslie Gordon, through her attorney, Darius E. Bennett, for damages alleged to have been sustained as a result of an automobile accident on September 19, 2008 at 1941 Myrtle Drive, SW.

09-R-1263 (30)           Claim of Dennis Ware, through his attorney, Thomas C. Wooldridge, for damages alleged to have been sustained as a result of wrongful demotion on February 19, 2009.

09-R-1264 (31)           Claim of William Dean Shiver, for damages alleged to have been sustained as a result of striking damaged storm grates on April 1, 2009 at 1610 Ponce de Leon Avenue.

09-R-1265 (32)           Claim of Tracy R. Cooper, through her attorney, Burton L. Tillman, for damages alleged to have been sustained as a result of a trip and fall in an uncovered water meter on August 22, 2007 at 777 Pryor Street.

09-R-1266 (33)           Claim of 1190 Morley Avenue, SE, c/o Ralph Liss Land Design, for damages alleged to have been sustained from potential flooding due to a road re-paving project scheduled for some future time at 1190 Morely Avenue, SE.

09-R-1267 (34)           Claim of Whityne A. Fort, for damages alleged to have been sustained as a result of a trip and fall incident due to an uncovered water meter on December 3, 2008 at 38 Anderson Avenue, NW.

09-R-1268 (35)           Claim of Kim Phillips, for damages alleged to have been sustained during a sewer project between February 18-23, 2009 at 630 Woodward Avenue, SE.

09-R-1269 (36)           Claim of Kenneth Roy Ellis, for damages alleged to have been sustained as a result of a dispute regarding a vacant property with a third party on May 31, 2008 at 1021 Martin Luther King, Jr. Drive, NW.

09-R-1270 (37)           Claim of Gary Luster, through his attorney, Jeffrey Kowalski, for damages alleged to have been sustained as a result of a falling archway at Centennial Olympic Park, 285 Andrew Young International Boulevard on May 28, 2009.

09-R-1271 (38)           Claim of Deborah Gaston, for damages alleged to have been sustained as a result of driving over a pothole on April 10, 2009 at Interstate 166 near Greenbriar Parkway.

09-R-1272 (39)           Claim of Tammy Bennett, for damages alleged to have been sustained as a result of walking on an uncovered water meter box on December 16, 2008 at 5800 Dunwoody Place.

09-R-1273 (40)           Claim of AT&T Southeast Facilities, for damages alleged to have been sustained as a result of its aerial cable being struck by a City vehicle on September 30, 2008 at 181 10^th Street.

09-R-1274 (41)           Claim of Paula Ogoun, for damages alleged to have been sustained as a result of striking metal plates on January 21, 2009 at 414 Ponce de Leon Avenue, NE.

09-R-1275 (42)           Claim of Smith M. Boddie, for damages alleged to have been sustained as a result of striking a manhole during a street resurfacing project on February 24, 2009 at 257 Claire Drive.

09-R-1276 (43)           Claim of Safeco Insurance Company, as subrogee of Todd Lewis and Jeanie Lewis, for damages alleged to have been sustained as a result of flooding from a water hose used to test a water meter on January 28, 2009 at 195 17^th Street.

09-R-1277 (44)           Claim of Justin Elie, for damages alleged to have been sustained as a result of driving over a pothole on March 22, 2009 at Lavista Road and Woodland Hills.

09-R-1278 (45)           Claim of Andrew Peters, for damages alleged to have been sustained as a result of driving over an unsecured construction cut on March 15, 2009 at 1556 North Decatur Road, DeKalb County.

09-R-1279 (46)           Claim of State Farm Insurance Company, as subrogee of Jennifer Heizer, for damages alleged to have been sustained as a result of an automobile accident on January 21, 2009 at North Avenue and Euclid Avenue.

09-R-1280 (47)           Claim of Jill Torrin, for damages alleged to have been sustained as a result of driving over a pothole on November 13, 2008 at 2900 block of Castlewood Drive.

09-R-1281 (48)           Claim of Miriam Nicole Hancock, through her attorney, Donald P. Edwards, for damages alleged to have been sustained as a result of a trip and fall incident in a crosswalk on May 31, 2007 at Alabama Street and Pryor Street.

09-R-1282 (49)           Claim of Leslie Gordon, for damages alleged to have been sustained as a result of an automobile accident on September 19, 2008 at 1941 Myrtle Drive, SW.

09-R-1283 (50)           Claim of Stephanie Luetters, for damages alleged to have been sustained due to a sidewalk leak on March 31, 2009 at 735 Whitemere Court, NW.

09-R-1284 (51)           Claim of Livingston Frederick, for damages alleged to have been sustained during the installation of an automated water meter in May 2008 at 3390 Renaissance Circle.

09-R-1285 (52)           Claim of USAA, as subrogee of Clarence Roman Harbin, for damages alleged to have been sustained as a result of an automobile accident due to a water main break on December 18, 2007 at West Paces Ferry Road and Andrews Drive.

CONSENT AGENDA SECTION II

ORDINANCES FOR FIRST READING

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR

09O1233( 1)            An Ordinance by Community Development/Human Resources Committee to amend Appendix A of the City of Atlanta Land Development Code; to create a new section titled Sustainable Building Code; to provide for an effective date; and for other purposes.  (Work session scheduled for 7/23/09 at 9:30 a.m.)

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

09O1289( 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.

TO BE REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

09O1290( 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.

TO BE REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

TRANSPORTATION COMMITTEE - CLAIR MULLER, CHAIR

09O1221( 4)            An Ordinance 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.

TO BE REFERRED TO TRANSPORTATION COMMITTEE

FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR

09O1220( 5)            An Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer to establish an account for the Department of Executive Offices to accept receipt of funds from Comcast of Georgia/Virginia, Inc. under its Franchise with the City in the amount of $500,000.00 so as to allocate those funds for the purpose of PEG Support; and for other purposes.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE

09O1299( 6)            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.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE

09O1300( 7)            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.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE

09O1301( 8)            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.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE

CITY UTILITIES COMMITTEE – CEASAR C. MITCHELL, VICE-CHAIR

09O1222( 9)            An Ordinance by City Utilities Committee to amend Section 2-25 of the City of Atlanta Ordinance entitle “Cable Communication Ordinance” (94-O-1777) so as to amend the definition of “Gross Revenue” such that it is consistent with State Law; and for other purposes.

TO BE REFERRED TO CITY UTILITIES COMMITTEE

09O1223(10)           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.

TO BE REFERRED TO CITY UTILITIES COMMITTEE

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE                                       JIM MADDOX, CHAIR

ORDINANCE FOR SECOND READING

09O0997(1)             An Ordinance by Councilmember Kwanza Hall to amend certain Sections of Chapter 20C of the Code of Ordinances which governs Martin Luther King, Jr. Landmark District to stimulate growth and investments in the District; and for other purposes.

TO BE REFERRED TO ZRB AND ZONING COMMITTEE

PAPERS HELD IN COMMITTEE

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

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

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

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

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

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

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

NPU-B                                                Council District 7

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

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

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

07O2606(10)           An Ordinance by Councilmember Clair Muller to amend certain sections of Part 15, Land Subdivision Ordinance to clarify the application process, including the Public Notification Portion, and Language pertaining to Subdivisions in neighborhoods listed or eligible for the Historic National Register; and for other purposes. (Held 12/11/07 at the request of the sponsor)

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

08O0168(12)           An Ordinance by Community Development/Human Resources Committee to create the “Reserve at Brownsmill Housing Enterprise Zone”, located in the City of Atlanta, identified by Parcel Numbers 14-0030-LL-0220, 14-0029-LL-053 and 14-0029-LL-054; to provide notification to the Tax Commissioner, School Superintendent and the Department of Community Affairs; and for other purposes. (Held 2/12/08 at the request of the department for additional financial information)

08O0214(13)           An Ordinance by Community Development/Human Resources Committee to authorize the Mayor to direct the Department of Planning and Community Development (Bureau of Code Compliance) to take appropriate actions to clean the premises and close various structures at 2020–2060 Alison Court, SW, Atlanta, GA 30311; and for other purposes.  (Held 2/12/08 for cost information)

08O0328(14)           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. (Held 2/26/08) (CDP Amendment Public Hearing held 3/10/08)

NPU-O                                                           Council District 5

08R0854(15)           A Resolution by Councilmember Ceasar C. Mitchell to establish a Senior Housing Rehabilitation Advisory Board; and for other purposes.  (Held 4/29/08 at the request of the sponsor of the legislation)

08O1036(16)           An Ordinance by Community Development/Human Resources Committee to create the “APCO Hamilton Building Renovation Enterprise Zone”, located in the City of Atlanta, Land Lot 63, Parcel Number 14-0063-LL-0717; to provide notification to the Tax Commissioner, School Superintendent and the Department of Community Affairs; and for other purposes. (Held 6/10/08) (Public Hearings held 11/26/07, 3/10/08 and 6/9/08)

08O1449(17)           An Ordinance by Councilmember Jim Maddox as

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

NPU-L                                                            Council District 3

08O1792(18)           An Ordinance by Councilmember Ceasar C. Mitchell to require notification of the affected Neighborhood Planning Units (NPU’s) and the City Council when any police zone facility, precinct or mini-precinct, or fire station is to be decommissioned or closed; and for other purposes. (Held 9/30/08)

09R0132(19)           A Resolution by Community Development/Human Resources Committee to authorize the Mayor or her designee to submit to the U. S. Department of Housing and Urban Development a request to amend the 2004 Annual Action Plan of the 2000-2004 Consolidated Plan to change the scope of the Neighborhood Fresh Start Program, Project #CD-753, from housing acquisition/rehabilitation to demolition; and for other purposes. (Held 1/27/09) (Held for a 30-day public review period)

09O0266(20)           An Ordinance by Councilmember Clair Muller to amend the Transportation Element of the City of Atlanta’s 2008 Atlanta Strategic Action Plan (ASAP) so as to remove the proposed new road to be located between Colonial Homes Drive and Biscayne Drive also designated as NS 057; and for other purposes.  (Held 2/10/09) (CDP Public Hearing held on 3/09/09)

09O0273(21)           An Ordinance by Councilmember Joyce M. Sheperd to amend the Atlanta Housing Code of 1987, Appendix E to the Land Development Code, so as to establish rules and regulations for registration of vacant buildings; to provide for penalties; to repeal conflicting ordinances; and for other purposes.  (Held 2/10/09 at the request of the author of the legislation)

09O0376(22)           An Ordinance by Councilmember Clair Muller as substituted by Community Development/Human Resources Committee to amend the Street Framework Plan of the City of Atlanta’s BeltLine Plan so as to remove portions of the proposed new roads to be located between Colonial Homes Drive and Biscayne Drive and the northern area of the street originating at Bennet Street that runs through Colonial Homes Dr.; and for other purposes.  (Substituted and held 2/24/09 for a CDP Public Hearing 3/9/09)

09O0294(23)           An Ordinance by Community Development/Human

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

NPU-F                                                Council District 7

09O0300(24)           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) (Held 3/10/09)

NPU-Z                                                Council District 12

09O0305(25)           An Ordinance by Community Development/Human

CDP-09-13                 Resources Committee to amend the Land Use Element of the 2008 Atlanta Strategic Action Plan (ASAP) so as to re-designate property that is located at 305 & 311 Buckhead Avenue, NE (A.K.A. 315 Buckhead Avenue), from the “Low Density Commercial” Land Use Designation to the “Mixed-Use High Density” Land Use Designation (Z-07-46); and for other purposes. (CDP Public Hearing held 3/9/09) (Held 3/10/09)

NPU-B                                                Council District 7

09O0130(26)           An Amended Ordinance by Community

CDP-09-17                 Development/Human Resources Committee to amend the 2008 City of Atlanta Strategic Action Plan by adopting “Atlanta BeltLine Master Plan Sub-Area 7: Northside/Peachtree/Piedmont”; and for other purposes.  (CDP Public Hearing held 3/09/09) (Favorable by CD/HR Committee 3/10/09) (Referred back by Council 3/16/09) (Held 3/31/09)

09C0635(27)           A Communication from Chair Elizabeth B. Coyle, BeltLine Network, Inc., to President and Members of Atlanta City Council submitting their re-appointment of Reverend Larry L. Hill to serve as a member of the BeltLine Tax Allocation District (TAD) Advisory Committee.  This re-appointment is for a term of two (2) years, to begin retroactively on January 1, 2009 and expire December 31, 2010. (Held 4/28/09)

09C0644(28)           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, scheduled to begin on the date of Council confirmation.  (3^rd and final consecutive term to expire 8/16/2010) (Held 4/28/09)

09O0854(29)           An Ordinance by Community Development/Human

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

NPU-B                                                            Council District 7

09O0944(30)           An Ordinance by Community Development/Human Resources Committee adopting the City of Atlanta 2010-2014 Capital Improvements Program (CIP) and Short Term Work Program (STWP) Components of the Comprehensive Development Plan (CDP); and for other purposes. (Public Hearing held 06/08/09) (Held 06/09/09)

09O1001(31)           An Ordinance by Community Development/Human Resources Committee to adopt the planning document entitled Imagine Downtown Encore; to amend the 2008 Comprehensive Development Plan of the City of Atlanta to incorporate the Imagine Downtown Encore Plan by reference; and for other purposes. (Public Hearing held 6/08/09)  (Held 06/09/09)

09O1071(32)           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. (Held 06/09/09) (Public Hearing held 06/30/09)

09C1089(33)           A Communication from Chair LaChandra Butler Burks, Atlanta Board of Education, to Municipal Clerk Rhonda Dauphin Johnson re-appointing Ms. Sharron M. Pitts to serve as a member of the BeltLine Tax Allocation District  (TAD) Affordable Housing Board.  This re-appointment is for a term of two (2) years to begin retroactively on May 1, 2009 and expire April 30, 2011.  (Held 06/30/09, to allow appointee the opportunity to come before the Committee)

09C1092(34)           A Communication from Chair LaChandra Butler Burks, Atlanta Board of Education, to Municipal Clerk Rhonda Dauphin Johnson re-appointing Ms. Millicent Few to serve as a member of the BeltLine Tax Allocation District (TAD) Affordable Housing Board.  This re-appointment is for a term of two (2) years to begin retroactively on May 1, 2009 and expire April 30, 2011.  (Held 06/30/09, to allow appointee the opportunity to come before the Committee)

09C1209(35)           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. (Held 7/14/09, to allow appointee the opportunity to come before the committee)

09R1122(36)           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. (Substituted and held 06/30/09 at the request of the Department)

09R1124( 37)          A Substitute Resolution by Community Development/Human Resources Committee authorizing the Mayor, on behalf of the City of Atlanta, to enter into a Operating and Lease Agreement with Community Care, Inc., such that Community Care, Inc., may maintain, operate, and provide programming at the Rick McDevitt Youth Center at Four Corners Park; and for other purposes. (Substituted and held 06/30/09 at the request of the Department)

09O1120(38)           An Ordinance by Community Development/Human Resources Committee amending the 2009 (Community Development Fund) Budget by anticipating and appropriating $2,249,040.00 for the purpose of funding projects under the Community Development Block Grant-Recovery (CDBG-R) of the American Recovery and Reinvestment Act (ARRA) of 2009; and for other purposes. (Held 7/14/09 for Grant Agreement Letter)

09O1121(39)           An 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. (Held 7/14/09 for Grant Agreement Letter)

09O1199(40)           An 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. (Held 7/14/09 for a 30-day public review period)

09O1200(41)           An 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. (Held 7/14/09 for a 30-day public review period)

09R1218(42)           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. (Held 07/14/09 for a 30-day public review period)

MEMBERS PRESENT:  MADDOX, SHEPERD, YOUNG, MITCHELL,  NORWOOD, WILLIS & HALL

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE                                CLETA WINSLOW, CHAIR

ORDINANCE FOR SECOND READING

09O0996( 1)            An Ordinance by Councilmembers Cleta Winslow and Jim Maddox as substituted 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. 

FAVORABLE ON SUBSTITUTE - 2^ND READING, 1^ST ADOPTION

PAPERS HELD IN COMMITTEE

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

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

07O1525( 3)            An Ordinance by Councilmember Joyce Sheperd to amend Section 122-172 under Chapter 122, Article V, Division 2, of the Code of Ordinances, so as to provide for a review by the affected Neighborhood Planning Unit(s) whenever an application for a license to operate a Secondary Metal Recycler is submitted; and for other purposes.  (Held 7/31/07 at the request of the author for further review. 9/25/07 a motion was approved to forward to the NPU’s for review)

07O1795( 4)            An Ordinance by Councilmember H. Lamar Willis to establish Chapter 21 of the Code of Ordinances of the City of Atlanta entitled “Transportation of Hazardous Materials”; to create a new Article I to be entitled “Terrorism Prevention in Hazardous Materials Transportation Act of 2007,” to create a new Division 1 to be entitled “Terrorism Prevention in Hazardous Materials Transportation Act of 2007”; so as to prohibit large shipments of certain extremely hazardous materials near the City of Atlanta in an effort to reduce the risk of attacks by terrorists; to allow for the issuance of permits authorizing such shipments in special cases; to require the Mayor to issue regulations to implement the provisions of this act; and for other purposes. (Held 8/28/07 for further review.)

07O1879( 5)            An Ordinance by Public Safety and Legal Administration Committee to revise the City of Atlanta Code of Ordinances pertaining to secondary metal recyclers by amending the following Sections of Chapter 122, Article V, Divisions I and II; Section 122-151 (Definitions); Section 122-152 (Records Required); and Section 122-157 (Unlawful Acts); Section 122-171 (Required Application); to add the following new Sections to Chapter 122, Article V, Divisions I and II of the City of Atlanta Code of Ordinances: Section 122-158 (Daily Written Report to Police); Section 122-159 (Offenses; Defenses, Penalty); Section 122-160 (Possessor of Secondary Metals); Section 122-161 (License to Possess Secondary Metals); Section 122-162 (Revocation of License to Possess Secondary Metals); and Section 122-170 (Processing Application; Issuance of License, Possessor of Secondary Metals); to waive conflicting ordinances; and for other purposes.  (Public Hearing held on 10/30/07) (Held 10/30/07 for further review)

07R2294( 6)            A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to approve or reject the decision of the evaluator presiding in the early neutral evaluation process, an alternative dispute resolution process, in the matter of Veolia Water North America Operating Services, LLC v. City of Atlanta, in the U.S. District Court, Northern District of Georgia, Civil Action No. 06-CV-1457-TWT; and for other purposes.  (Held 10/30/07 for further review)

07O2513( 7)            An Ordinance by Councilmember Ceasar C. Mitchell to amend Ordinance #07-O-2135, adopted October 15, 2007 and approved October 22, 2007, amending Section 10-12 of the City Code, which amendment eliminated the provision allowing persons 18 years of age or older to provide entertainment in any premises licensed for the sale of alcoholic beverages, so as to exempt from said ordinance, those persons currently employed as entertainers with active and valid permits, which will afford such persons a “Grandfathered” status; and for other purposes. (Held 11/27/07 at the request of the author)

08O0190( 8)            An Ordinance by Councilmember H. Lamar Willis to amend Chapter 30, Article II of the City Code of Ordinances to reflect new fees for owners of Adult Entertainment establishments which sell alcohol to provide for certain programs for the prevention of sexual assault; and for other purposes.  (Held 1/29/08 at the request of the author)

08O0507( 9)            An Ordinance by Councilmember Mary Norwood to create a new Section 106-15 of the Code of Ordinances of the City of Atlanta, Georgia, to be entitled “Loitering”; and for other purposes.  (Held 3/11/08 for further review by the Law Department)

08O0824(10)           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  (Held 4/29/08 per the Department of Police to have discussion with the Atlanta Board of Education.)

08O0884(11)           An Ordinance by Finance/Executive Committee to amend Chapter 10, Article I, Section 10-1 of the Code of Ordinances, City of Atlanta, Georgia, so as to amend the definition of the word “Restaurant” to more closely reflect the definition of the term “Bona Fide Full-Service Restaurant” contained in Chapter Three of the Official Code of Georgia Annotated; to repeal conflicting ordinances; and for other purposes.  (Held 5/27/08 for further review)

08O1147(12)           A Substitute Ordinance by Public Safety and Legal Administration Committee to amend the Charter of the City of Atlanta, Georgia, adopted under the authority of the Municipal Home Rule Act of 1965, O.C.G.A. 36-35-1 et seq., as amended, to amend the Charter of the City of Atlanta, Georgia, 1996 Ga. Laws, P. 4469, et seq., by amending Article 4, Courts, Sections 4-106 and 4-109 regarding the appointment of Judges Pro Hac Vice to the Municipal Court of Atlanta; to repeal conflicting ordinances; and for other purposes. (Referred back from Council on 3^rd Reading, Final Adoption) (Held 2/24/09)

08O1211(13)           An Ordinance by Councilmembers H. L. Willis, C. T. Martin, Ivory L. Young, Jr. and Mary Norwood to create a separate Department/Organization (Dept/Org) to account for the activity of the Citizen Review Board (CRB); to move funds budgeted in the FY 2008 General Fund Budget in the Police Department’s Public Affairs Unit for the purposes of the CRB; and for other purposes. (Held 6/10/08 for further review)

08O1252(14)           An Ordinance by Councilmember Howard Shook to amend the Code of Ordinances of the City of Atlanta, Georgia, Chapter 10, Article II, Division 2, Section 10-94(a), to exempt certain properties from the distance requirements of 10-88 for the sale of alcoholic beverages for consumption on the premises; and for other purposes.  (Held 7/1/08 at the request of the Law Department)

08O1289(15)           An Ordinance by Public Safety and Legal Administration Committee to amend Chapter 10, Article II, Division 2, Section 10-61, Entitled “Date for Payment of License Fees; Prorated Fees”, to provide for an expiration date for all licenses issued under Division 2 of Chapter 10, Article II of

the City of Atlanta Code of Ordinances; to change the date by which all Annual License Fees and Renewal Applications of all Annual Licenses issued under Division 2 of Chapter 10, Article II of the City of Atlanta Code of Ordinances must be submitted; to provide for prorated fees based upon the new deadline; to set forth that the effective date of this amendment shall be January 2, 2009; to repeal conflicting ordinances; and for other purposes.  (Held 7/15/08 at the request of the Law Department)

08O1538(16)           An Ordinance by Councilmembers Jim Maddox, Joyce Sheperd, Mary Norwood, Ivory Lee Young, Jr., H. Lamar Willis, Kwanza Hall, C. T. Martin, Natalyn Archibong and Ceasar C. Mitchell to amend the Charter of the City of Atlanta, Georgia pursuant to the authority of the Municipal Home Rule Act of 1965, O.C.G.A. Section 36-35-1 et seq., as amended, by amending Section 4-104 (d) so as to provide that for the next Election of Municipal Court Judges, to be held in 2009, if more than seven (7) Judges elect to continue to serve for an additional four year term, only the seven (7) Judges receiving the highest number of votes shall continue to serve; to waive conflicting ordinances and charter amendments; and for other purposes. (Referred back by Full Council on 8/18/08) (Held 8/26/08 for a legal opinion.)

08O1544(17)           An Ordinance by Councilman C. T. Martin to amend Section 162-78 (a) (3) and (6) (Taxicabs and Vehicles for Hire) of the Code of Ordinances of the City of Atlanta, Georgia so as to eliminate the Annual Fingerprinting Requirement for Taxicab Drivers and to change the Driver’s Training Course Requirement from annually to every three years; to waive conflicting ordinances; and for other purposes.  (Referred back by Full Council on 8/18/08) (Held 8/26/08 for further review.)

08O1753(18)           An Ordinance by Councilmember Mary Norwood to amend Article XXIV entitled “Vending on Private Property”; and for other purposes.  (Held 9/9/08 for further review.)

08O1760(19)           An Ordinance by Councilmembers Jim Maddox, C. T. Martin, Cleta Winslow, H. Lamar Willis, Ceasar Mitchell, Ivory L. Young, Jr., Kwanza Hall and Clair Muller as substituted by Public Safety and Legal Administration Committee to amend Chapter 62, Article II, Division 1, of the City of Atlanta Code of Ordinances, to create a new Section 62-27.1 which section shall provide that effective July 1, 2009, the number of Municipal Court Judges shall be eight (8); to waive conflicting ordinances; and for other purposes.  (Held 9/9/08 for further review.)  (Substituted and held 4/28/09; waiting for the Municipal Court to present its Fiscal Year 2010 Budget.)

08O2436(20)           An Ordinance by Public Safety and Legal Administration Committee to amend Chapter 2, Article XVI, Division 11, Section 2-2211 and Chapter 2, Article XVI, Division 11, Section 2-2212 to provide for the disclosure of public police and corrections documents to the Citizen Review Board; to amend Chapter 98, Article II, Section 98-26(b)(3) and Chapter 98, Article IV, Section 98-153(b)(3) to require the Chiefs of Police and Corrections to appear before the Citizen Review Board upon request and set forth the reasons for delays in internal investigations into their employees’ conduct; and for the other purposes.  (Held 1/13/09) (Held 4/28/08 for a work session)

09O0389(21)           An Ordinance by Public Safety and Legal Administration Committee to amend Section 10-75 (5) of the Code of Ordinances of the City of Atlanta, Georgia (“The Alcoholic Beverage Code”) so as to correct a Code Section reference error contained therein; to waive conflicting ordinances; and for other purposes. (Held 3/10/09 for further review)

09R0621(22)           Claim of Tremayne McReynolds, for damages alleged to have been sustained as a result of a trip and fall incident in an uncovered water meter on July 15, 2008 at 277 Pharr Road, NE. (Referred back by Council 4/20/09) (Held 4/28/09 for further review)

09R0722(23)           Claim of Tracy Dummett, for damages alleged to have been sustained from a police shooting incident on October 16, 2008 at 1500 Langston Avenue.  (Held 4/28/09 at the request of Councilmember Sheperd for further review by the Law Department.)

09R1030(24)           Claim of Fred McFarlin, for damages alleged to have been sustained when a door was broken by firemen on February 9, 2009 at 1865 Wellborne Drive, NE.  (Held 6/9/09 at request of Councilmember Fauver.)

09O1045(25)           An Substitute Ordinance by Public Safety and Legal Administration Committee to amend the Code of Ordinances of the City of Atlanta, Georgia, Chapter 162, Article II, Section 162-77 (6) so as to specifically allow companies and third parties approved by the Bureau, to administer the examination which all new applicants for driver permits must pass in order to secure their initial permits; and for other purposes. (Substituted and held 6/30/09 for further review.)

09O1069(26)           An Ordinance by Councilmember C. T. Martin to amend Section 162-260 (a), (Entitled “Fees Charged by Vehicle Immobilization Service”) of the Code of Ordinances of the City of Atlanta, Georgia, so as to increase the allowable fee charged by Vehicle Immobilization Services, to the owner of any immobilized vehicle or personal property, from $50.00 per day to $75.00 per day; to waive conflicting ordinances; and for other purposes.  (Public Hearing held 7/14/09) (Held 7/14/09 for NPU notification process)

09O1178(27)           An Ordinance by Public Safety and Legal Administration Committee to amend the Code of Ordinances of the City of Atlanta, Georgia, Chapter 162, Article II, Division 1, Section 162-36 to require that the dome lights, with which the roofs of all taxicabs must currently be affixed, be wired in such a way as to minimize the possibility of injury for the purpose of protecting the safety of taxicab drivers and passengers; and for other purposes.  (Held 7/14/09 for further discussions.)

09O1179(28)           An Ordinance by Public Safety and Legal Administration Committee to amend the Code of Ordinances of the City of Atlanta, Georgia, Chapter 162, Vehicles for Hire, to provide for a definition of taxicab safety equipment; to require signage on applicable taxicabs alerting passengers to the presence of a Digital Security Camera System; to require the installation of taxicab safety equipment in all taxicabs; to authorize the Chief of Police or his/her designee to establish, issue and revise rules, procedures and regulations to govern the specifications, installation and maintenance of the taxicab safety equipment, and to provide for enforcement of rules, procedures and regulations for the purpose of protecting the safety of taxicab drivers and passengers; and for other purposes. (Held 7/14/09 for further discussions.)

09C1205(29)           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.  (Held 7/14/09, awaiting Mr. Owen to appeal before the committee.)

MEMBERS PRESENT:  WINSLOW, MARTIN, HALL, WILLIS, FAUVER & SHEPERD

TRANSPORTATION COMMITTEE                               CLAIR MULLER, CHAIR

ORDINANCES FOR SECOND READING

09O0765( 1)            A Substitute Ordinance by Transportation Committee to amend Chapter 150 (entitled “Traffic and Vehicles”), Article IV, Division 1, Section 150-88; to amend Chapter 150, Article IV, Division 3, Section 150-131; to amend Chapter 162 (entitled “Vehicles for Hire”), Article V, Sections 162-258 and 162-260 of the Code of Ordinances of the City of Atlanta, so as to establish procedures for the immobilization of vehicles in the public right-of-way; and for other purposes.

FAVORABLE ON SUBSTITUTE (1 NAY)

09O1183( 2)            An Ordinance by Transportation Committee to amend the FY 2009 [Airport Renewal and Extension Fund (5502), the Airport Passenger Facility Charge Fund (5505) and the 2004 Airport PFC Bond Fund (5508)] Budgets by transferring to and from appropriations a total amount of $6,217,116.44 for reimbursement of the Renewal and Extension Fund, and a total amount of $5,404,451.00 for reimbursement of the Airport PFC Bond Fund; and for other purposes.

FILE

09O1291( 3)            An Ordinance by Transportation Committee to amend the 2000 Airport Revenue Bond Fund (5506), the 2004 Airport Revenue Bond Fund F-K (5509), The Airport Renewal and Extension Fund (5502), and the 2004 Airport PFC Bond Fund (5511) Capital Budgets by transferring to and from appropriations and reserves a total amount of $59,200,000.00 to provide additional funding and funding adjustments for various projects at Hartsfield-Jackson Atlanta International Airport; and for other purposes.

FILE

RESOLUTION

09R0937( 1)            A Substitute Resolution by Transportation Committee authorizing the Mayor to enter into a Contract with Duncan Solutions, Inc., for FC-4877 to provide Parking Management Services on behalf of the Department of Public Works based on a contract structure that provides for zero net expense and guaranteed net revenues to the City of Atlanta based on the vendor’s over-all management of the parking program and the number of parking meters installed in the public right-of-way; and for other purposes.

FAVORABLE ON SUBSTITUTE ON CONDITION

TRANSPORTATION COMMITTEE (2)             CLAIR MULLER, CHAIR

PAPERS HELD IN COMMITTEE

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

09O0381( 2)            An Ordinance by Councilmember Kwanza Hall authorizing the Mayor or her designee to permit vehicular parking on Sundays on the west side of Jackson Street, NE between Edgewood Avenue and Irwin Street, NE; and for other purposes.  (Held 3/2/09 at the request of the author for additional discussion.)

09O0544( 3)            A Substitute Ordinance by Transportation Committee amending Chapter 22, Article III, Division 7, Section 22-202 of the Code of Ordinances of the City of Atlanta, on behalf of the Department of Aviation Ground Transportation Division, for the purpose of restructuring and increasing the fees the City assesses the Airport’s Commercial Ground Transportation Operators; and for other purposes.  (Substituted and held 4/29/09 by the Committee for further review.)

09O0900( 4)            An Ordinance by Transportation Committee to amend Chapter 138 (entitled “Streets, Sidewalks and Other Public Places”), Article IV, Division 2, Section 138-84 so as to amend the procedures to be followed for the installation of Traffic Calming Devices in the public right-of-way; and for other purposes.  (Held 5/27/09 per the Department for further review.)

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

MEMBERS PRESENT:  MULLER, HALL, MOORE, MARTIN, MITCHELL & WILLIS

ZONING COMMITTEE                                         IVORY L. YOUNG, JR., CHAIR

ORDINANCES FOR SECOND READING

09O0207( 1)            An Amended Ordinance by Zoning Committee granting a

U-09-02                       Special Use Permit for a Personal Care Home (Section 16-06 B.005 (1) (g) for property located at 985 Smith Street, SW, fronting approximately 50 feet on the west side of Smith Street at the southwest intersection of Arthur Street and Smith Street.

Depth: 103 Feet

Area:               Approximately 0.12 Acre

Land Lot:        87, 14^th District, Fulton County, Georgia

Owner:            Ezekiel Construction

Applicant:       Charles Serge

NPU-V                                                           Council District 4

FAVORABLE AS AMENDED

09O0843( 2)            An Amended Ordinance by Zoning Committee to rezone

Z-09-16                       from the R-4 (Single Family Residential) District to the RG-2 (Residential General-Sector 2) District, property located at 230 Westview Place, SW, fronting approximately 99.9 feet on the east side of Westview Place beginning 196.5 feet from the southwest corner of Mims Street and Westview Place. 

Depth: Varies

Area:               Approximately 3.7 Acres

Land Lot:        141, 14^th District, Fulton County, Georgia

Owner:            Berean Community Development Corporation

Applicant:       Berean Community Development Corporation

NPU-K                                                           Council District 4

FAVORABLE AS AMENDED

ORDINANCES FOR FIRST READING

09O1304( 1)            An Ordinance by Zoning Committee granting a Special Use

U-09-11                       Permit under the provisions of Section 16-11.005 (l)(l) for an Outdoor Dining at Eating and Drinking Establishment, property located at 4629 Wieuca Road, NE, fronting approximately 200 feet on the northeast side of Wieuca Road, beginning approximately 183.13 feet from the northeast corner of Wieuca Road and Roswell Road.

Depth: Approximately 228 Feet

Area:               Approximately 1.03 Acres

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

Owner:            Jim Kil Yeom

Applicant:       Richard W. Seaman

NPU-B                                                            Council District 7

TO BE REFERRED TO ZRB AND ZONING COMMITTEE

09O1305( 2)            An Ordinance by Zoning Committee granting a Special Use

U-09-12                       Permit under the provisions of Section 16-06.005 (l)(b) for a Day Care Center, property located at 1635-1639 Campbellton Road, SW, fronting approximately 186 feet on the north side of Campbellton Road, beginning approximately 50 feet from the northeast corner of Campbellton Road and Ridgewood Lane. 

Depth: Varies

Area:               Approximately 0.942 Acre

Land Lot:        153, 14^th District, Fulton County, Georgia

Owner:            Brad Houtkin

Applicant:       Rasheda Ali

NPU-S                                                            Council District 12

TO BE REFERRED TO ZRB AND ZONING COMMITTEE

09O1306( 3)            An Ordinance by Zoning Committee granting a Special Use

U-09-13                       Permit under the provisions of Section 16-07.005 (l)(b) for a Day Care Center, property located at 645 Grant Street, SE, fronting approximately 95 feet from the north side of Georgia Avenue and approximately 140 feet on the west side of Grant Street. 

Depth: Varies

Area:               Approximately 0.305 Acre

Land Lot:        43, 14^th District, Fulton County, Georgia

Owner:            Presbytery of Greater Atlanta

Applicant:       Jennifer J. Subarevic

NPU-W                                                          Council District 1

TO BE REFERRED TO ZRB AND ZONING COMMITTEE

PAPERS HELD IN COMMITTEE

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

06O0007( 2)            An Ordinance by Councilmember Carla Smith

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

06O0022( 3)            An Ordinance by Councilmember Carla Smith

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

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

Z-06-44                       the I-1-C (Light Industrial-Conditional) District to the MR5-A (Multi-Family Residential) District, property located at 1155 Hill Street, SE, fronting approximately 350 feet on the west side of Hill Street and approximately 272 feet on the north side of Englewood Avenue.  (Held 11/1/06 at the request of District Council Person)

Depth: Varies

Area:               Approximately 8.719 Acres

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

Owner:            Jack and Harvey Taffel

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

NPU-Y                                               Council District 1

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

06O1445( 6)            An Ordinance by Zoning Committee to rezone from the R-G-3

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

Depth: Varies

Area:               Approximately 27 Acres

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

Owner:            Atlanta Neighborhood Development Partnership

Applicant:       Marvin Greer

NPU-H                                                           Council District 10

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

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

NPU-H                                                           Council District 1

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

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

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

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

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

Depth: Approximately 1,010 Feet

Area:               Approximately 10.32 Acres

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

Owner:            JWGST LLC/Joseph Wiles

Applicant:       Jason Fritz

NPU-Y                                                           Council District 1

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

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

Depth:             Varies

Area:               Approximately 1.75 Acres

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

Owner:            George Rohrig

Applicant:       Joseph Alcock

NPU-W                                              Council District 1

MEMBERS PRESENT:  YOUNG, MARTIN, SHOOK, SMITH, NORWOOD & FAUVER

FINANCE/EXECUTIVE COMMITTEE             HOWARD SHOOK, CHAIR

ORDINANCES FOR SECOND READING

09O0370( 1)            An Ordinance by Councilmember Jim Maddox as substituted (#2) and amended by Finance/Executive Committee to amend the following Sections of the Code of Ordinances of the City of Atlanta, Georgia, pertaining to the Advisory Committee on International Relations (ACIR): Section 2-1981 (a)(3)a, so as to add as members, the Atlanta Development Authority and the City of Atlanta Department of Aviation; to update the name of the member organization listed; to modify the language of Subsection (b) of Section 2-1981 so as to reflect the current practice with respect to budgeting for the activities and programs of ACIR; Section 2-1982, so as to expand the scope of the purpose of ACIR; to change the reporting period in Section 2-1984 from quarterly to annually and to re-codify the provisions of Section 2-1984 entitled “Officers, Bylaws, Reports” to Section 2-1983 which Section is currently “Reserved”; to provide new language for Section 2-1984 pertaining to the providing of administrative support to ACIR by Council Staff; to waive conflicting ordinances; and for other purposes.

FAVORABLE (1 NAY)

09O1104( 2)            An Ordinance by Councilmember Natalyn Mosby Archibong as substituted (#2) by Finance/Executive Committee transferring funds from the District 5 Councilmember Expense Accounts to various Community Service and Non-Profit Organizations for the betterment of Council District 5; and for other purposes.

FAVORABLE ON SUBSTITUTE (1 ABSTENTION)

09O1211( 3)            An Ordinance by Finance/Executive Committee authorizing the Mayor to execute an Intergovernmental Agreement (“IGA”) with the Metropolitan Atlanta Rapid Transit Authority (“MARTA”) specifying the terms under which MARTA will partner with the City to apply to the Office of the Secretary of Transportation for a Supplemental Discretionary Grant for Capital Investments in Surface Transportation Infrastructure, which has been made available pursuant to the American Recovery and Reinvestment Act of 2009; authorizing the Mayor to execute Agreements specifying the terms under which the Midtown Community Improvement District and the Atlanta Downtown Improvement District will send grants to the City to pay the City’s costs in preparing the application; authorizing the Chief Financial Officer to create accounts necessary to receive such grants from the Midtown Community Improvement District and the Atlanta Downtown Improvement District; authorizing the Chief Financial Officer to pay over such grant funds received from the Midtown Community Improvement District and the Atlanta Downtown Improvement District to MARTA under the terms and conditions set forth in the IGA and the Grant Agreements; and for other purposes.

FAVORABLE (4 YEA’S) (1 NAY) (1 ABSTENTION)

RESOLUTIONS

09R0369( 1)            A Resolution by Councilmember Jim Maddox as substituted and amended by Finance/Executive Committee authorizing the Mayor to execute an agreement with the Atlanta Development Authority (ADA) regarding the management of the activities and programs of the Advisory Committee on International Relations (ACIR); and for other purposes.

FAVORABLE (1 NAY)

09R1307( 2)            A Resolution by Finance/Executive Committee authorizing

***                              the Mayor to enter into a Settlement Agreement with the United States of America, as negotiated by and through the U. S. Department of Justice, relating to the City of Atlanta’s Voluntary Compliance with the Americans with Disabilities Act of 1990; and for other purposes.

FAVORABLE (3 YEA’S) (3 ABSTENTION’S)

09R1309( 3)            A Resolution by Finance/Executive Committee authorizing

***                              the Mayor to execute the necessary documents to authorize the waiver and consent of certain terms in the Development Agreement between the National Center for Civil and Human Rights, Inc., the City of Atlanta and the Atlanta Development Authority; to authorize the execution of the First Amendment of the Development Agreement between the same parties; to provide for an effective date; and for other purposes.

FAVORABLE (1 ABSTENTION)

PAPERS HELD IN COMMITTEE

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

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

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

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

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

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

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

08O0829( 8)            An Ordinance by Councilmember Howard Shook to amend the Charter of the City of Atlanta, Georgia adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965, O.C.G.A. Section 36-35-1 et seq., as amended so as to amend the Charter of the City of Atlanta, Georgia, 1996 (GA Laws P. 4469, et seq.) by amending Article 2, Chapter 3, Section 2-302(c) so as to require an affirmative vote of two-thirds of the total membership of the City Council to approve any Ordinance that would result in an increase in taxes, fees, or bond indebtedness; and for other purposes.  (3^rd Reading/Final Adoption) (Referred back by Council 7/7/08; Held 7/16/08 per the Committee for further review.)

08O0830( 9)            An Ordinance by Councilmember Howard Shook to amend Chapter Two, Article VI, Division 2, Subdivision II, Section 2-351 (Entitled, “Authorization to Issue Commercial Paper.”) of the Code of Ordinances of the City of Atlanta, so as to require an affirmative vote of two-thirds of the total membership of the City Council to approve any Ordinance that would result in an increase in bond indebtedness; and for other purposes.  (Referred back by Council 7/7/08; Held 7/16/08 per the Committee for further review.)

08O0831(10)           An Ordinance by Councilmember Howard Shook to amend Chapter 146, Division 1, Article II, Section 146-26 (Entitled, “Levy.”), Chapter 146, Article II, Section 146-79 (Entitled, “Levied.”) and Chapter 146, Article IV, Section 146-113 (Entitled, “Excise Tax Levied; Collection.”) of the Code of Ordinances of the City of Atlanta, so as to require an affirmative vote of two-thirds of the total membership of the City Council to approve any Ordinance that would result in an increase in taxes; and for other purposes.  (Referred back by Council 7/7/08; Held 7/16/08 per the Committee for further review.)

08O0833(11)           An Ordinance by Councilmember Howard Shook to amend Chapter Two, Article II, Division 2, Subdivision I, Section 2-69 (Entitled, “Quorum; vote required for passage of legislation.”) and Chapter Two, Article II, Division 2, Subdivision II, Section 2-96(c) (Entitled, “Presence at Meetings; Voting on Questions.”) of the Code of Ordinances of the City of Atlanta, so as to require an affirmative vote of two-thirds of the total membership of the City Council to approve any Ordinance that would result in new fees and taxes or an increase in existing taxes, fees, or bond indebtedness; and for other purposes.  (Referred back by Council 7/7/08; Held 7/16/08 per the Committee for further review.)

08O0834(12)           An Ordinance by Councilmember Howard Shook as amended by Finance/Executive Committee to amend Chapter Two, Article II, Division 2, Subdivision II, Section 2-105 (Entitled, “Establishment or Change in Fees for Service; Notice to Public.”) of the Code of Ordinances of the City of Atlanta, so as to require an affirmative vote of two-thirds of the total membership of the City Council to approve any Ordinance that would result in new fees and an increase in fees; and for other purposes.  (Referred back by Council 7/7/08; Held 7/16/08 per the Committee for further review.

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

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

08O1546(15)           An Ordinance by Councilmembers Felicia A. Moore, Ceasar C. Mitchell, Cleta Winslow, Joyce M. Sheperd, Mary Norwood, C. T. Martin, H. Lamar Willis, Natalyn Archibong, Clair Muller, Jim Maddox, Ivory Lee Young, Jr. and Kwanza Hall to amend the FY 2009 (General Fund) Budget to re-establish the Department of Fire and Rescue Special Operations Squad by transferring appropriations from various non-personnel accounts yet to be determined, to the Department of Fire and Rescue Budget Fund, Department, Account and Organization Number; and for other purposes.  (Held 7/30/08 by the Committee for further review.)

08O1688(16)           An Ordinance by Councilmember Ceasar Mitchell to amend the FY 2009 (General Fund) Budget to reopen and maintain Atlanta Fire Station No. 7 by transferring appropriations from various Consulting, Supply, Travel and other Non-Personnel Accounts yet to be determined to the Department of Fire and Rescue Budget Fund Department Account and Organization Number; and for other purposes.  (Forwarded with no recommendation by Finance/Executive Committee 8/27/08; Referred to Finance/Executive Committee by Full Council 9/2/08; Held 9/10/08 by the Committee for further discussion.)

08R1752(17)           A Resolution by Councilmember Mary Norwood establishing a City of Atlanta Taxation and Service Delivery Technical Advisory Committee; and for other purposes.  (Held 9/10/02 per the Committee to check on the status of the Citizens Service Review Commission and for further discussion.)

08O2034(18)           An Ordinance by Councilmember Cleta Winslow authorizing the Mayor or her designee to accept a Donation in the amount of ____________ from the Atlanta Fire Foundation on behalf of the Atlanta Department of Fire and Rescue to fund the Renovation of Fire Station #7; and for other purposes.  (Held 10/15/08 by the Committee pending a substitute.)

08O2135(19)           An Ordinance by Councilmembers H. Lamar Willis and C. T. Martin as substituted by Finance/Executive Committee to amend Chapter 114 Article IV Division 12 Section 14-379 of the Code of Ordinance of the City of Atlanta so as to provide for Legislative Review for any Reduction in Force by Executive or Legislative Action involving Public Safety and Court Employees; to waive conflicting ordinances; and for other purposes.  (Held 10/29/08 per direction of the Committee for consideration at a later Committee Meeting; Substituted and held 11/12/08.)

09R0183(20)           A Resolution by Finance/Executive Committee authorizing the Mayor to enter into an Agreement with Motorola, Inc. utilizing the State of Georgia Technology Authority Agreement No. 980-280008 for the purchase of a Georgia Global Positioning System Two-Way Radio Communication Equipment, on behalf of the Department of Watershed Management, Office of Safety and Security, in an amount not to exceed $375,750.00; all contracted work will be charged to and paid from Fund, Department Organization and Account Number 5052 (Water & Wastewater Revenue) 170902 (DWM Watershed Safety) 5212001 (Consulting/Professional) 1555000 (Risk Management); and for other purposes.  (Held 1/28/09 at the request of the Department of Watershed Management for further review.)

09O0203(21)           An Ordinance by Councilmember Ceasar C. Mitchell to amend Chapter 62, Article II, Section 62-46 of the Code of Ordinances of the City of Atlanta, Georgia (Entitled “Pretrial Diversion Fee”) so as to specify the General Fund uses for which the fees shall be allocated; to waive conflicting ordinances; and for other purposes.  (Held 1/28/09 per the Committee for further discussion.)

09R0263(22)           A Resolution by Councilmember Ivory Lee Young, Jr. authorizing the Mayor or her designee to enter into an amendment to the Intergovernmental Agreement (IGA) authorized by Resolution 08-R-1694 with the Atlanta Development Authority so as to ensure that the expenditure of Westside TAD Funds through In Rem action can be used to affect not only the demolition but also the Clean and Close of structures located within the English Avenue Neighborhood identified as abandoned and/or dilapidated by the Bureau of Code Compliance; and for other purpose.  (Held 2/11/09 at the request of the author for additional clarification.)

09R0264(23)           A Resolution by Councilmembers H. Lamar Willis and Jim Maddox proposing the creation of the Southwest Atlanta Community Improvement District as authorized by the General Assembly of the State of Georgia in the Atlanta Community Improvement District Act, contingent upon the consent of the majority of the owners of real property within the District boundaries; and for other purposes.  (Held 2/11/09 at the request of the author for additional consideration.)

09R0270(24)           A Resolution by Councilmember Mary Norwood requesting the Department of Finance to provide a report to the Full Council regarding the Plan of Financing for Department of Watershed Projects to be funded by Commercial Paper; and for other purposes.  (Held 2/11/09 per the Committee to allow the Watershed Commissioner the opportunity to confer with the author for clarification.)

09O0271(25)           An Ordinance and Charter Amendment by Councilmembers C. T. Martin, Mary Norwood, Anne Fauver, Ivory L. Young, Jr. and Natalyn Archibong adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298, et seq.) as amended, to create a new Section 3-502.1 (Entitled “Ordinance required to impose furloughs on certain public safety employees”) of the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, P. 4469, et seq.) approved April 15, 1996, as amended, which shall provide that an Ordinance adopted by a majority vote of the Council shall be required in order to impose furloughs on certain public safety employees; to repeal conflicting Ordinances and Charter Amendments; and for other purposes. (1^st Reading 2/2/09; 2^nd Reading, 1^st Adoption) (Held 2/11/09 per the Committee for further review and discussion.)

09O0377(26)           An Ordinance by Councilmember Clair Muller as substituted by Finance/Executive Committee to transfer $50,000.00 from District 8 Councilmember Expense Account to the Department of Public Works Office of Transportation to be used to assist in funding portions of the Peachtree Battle Neighborhood Intersection Project; and for other purposes. (Held 2/25/09 by the Committee for additional information; Substituted and held 3/11/09.)

09O0803(27)           A Substitute Ordinance by Finance/Executive Committee amending Atlanta Code of Ordinances Chapter 46, entitled “Civic and Cultural Affairs”, by adding a new Article IV that shall be entitled Entertainment Filming Fees; and for other purposes.  (Held 5/13/09 by the Committee for additional consideration and discussion.) (Public Hearing held 5/13/09.)

09R0817(28)           A Resolution by Councilmember Clair Muller creating the position of City Council Fiscal Review Manager, a position on the Council Staff that will review all legislation that will have a fiscal impact.  (Held 4/29/09 at the request of the author for further review.)

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

09O0820(30)           An Ordinance by Councilmember H. Lamar Willis to amend Article “V” Classification Plan, Section 114-477 of the Code of Ordinances, City of Atlanta, Georgia, so as to create certain positions; and for other purposes.  (Held 4/29/09 by the Committee for further discussion.)

09O0821(31)           An Ordinance by Councilmembers Carla Smith and Cleta Winslow to (1) 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, (2) provide for the issuance and sale of Tax Allocation Bonds (BeltLine Project), Series 2009 (or other designated series), in an aggregated principal amount not to exceed $200,000,000.00 in multiple series, from time to time, 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”), (3) authorize paying expenses incident to accomplishing all of the foregoing, (4) 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 (5) authorize certain other related actions, all in connection with the issuance and sale of the foregoing described series 2009 Bonds; and for other purposes.  (Held 4/29/09 by the Committee for further discussion.)

09O0911(32)           A Substitute Ordinance by Finance/Executive Committee authorizing the Mayor or her designee, on behalf of the City, to anticipate and appropriate funds donated by Legends to the City of Atlanta’s Office of Recreation; and for other purposes.  (Substituted and held 5/27/09 per the Commissioner of Parks, Recreation and Cultural Affairs for further review.)

09O1053( 33)          An Ordinance by Finance/Executive Committee authorizing the Mayor or her designee to execute a Ground Site Lease with Clearwater US LLC, for the purpose of providing Wireless Communication Services; and for other purposes.  (Held 7/1/09 by the Committee pending receipt of additional information.)

09O1072(34)           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.  (Held 6/10/09 by the Committee pending concurrent consideration of associated legislation in Zoning and Community Development/Human Resources Committees.)

09O1101(35)           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 Mitchell, Kwanza Hall, H. Lamar Willis, Jim Maddox, Natalyn Archibong and Cleta Winslow, as amended by Finance/Executive Committee to amend the City of Atlanta Code of Ordinances Section 2-371, Office of Budget and Fiscal Policy, so as to create a new Section 2-371(c); requiring the development and adoption of a 2009-2014 Financial Stabilization Plan by October 15, 2009; adopting Fiscal Stabilization Priorities, by preference, to be included in the plan; requiring annual adoption of the plan prior to the Annual Budget adoption; to repeal conflicting ordinances; and for other purposes.  (Amended and held 7/1/09 by the Committee for further review.)

09O1184(36)           An Ordinance by Finance/Executive Committee authorizing the Mayor to accept and enter into a Contractual Agreement between the City of Atlanta and the Georgia Environmental Facilities Authority (“GEFA”) State Revolving Fund Loan Program for the purposes of securing a subsidized loan under the Clean and Drinking Water State Revolving Fund; to amend the FY 2010 Budget to anticipate and appropriate funds in an amount not to exceed $15,000,000.00; and for other purposes.  (Held 7/15/09 at the request of the Department for additional information.)

09C1208(37)           A Communication by Mayor Shirley Franklin appointing Ms. Carol King to serve as a member of the Civil Service Board on behalf of the City of Atlanta.  This appointment is to fill the unexpired term of Carole Dortch to expire May 21, 2010.  (Held 7/15/09 to allow the appointee an opportunity to appear before the Committee.)

09O1217(38)           An Ordinance by Councilmember Carla Smith to amend Chapter 114, Division 14, Section 114-429 (a) and (e) of the City of Atlanta Code of Ordinances entitled ‘Voluntary Shared Leave Program’, to revise the section to include the donation of reserve sick leave; and for other purposes.  (Held 7/15/09 at the request of the author for further review.)

MEMBERS PRESENT:  SHOOK, MOORE, MULLER, MADDOX, WINSLOW & SMITH

COMMITTEE ON COUNCIL                                           FELICIA A. MOORE, CHAIR

COMMUNICATIONS

09C1012( 1)            A Communication by Mayor Shirley Franklin re-appointing Mr. James T. Middlebrooks to serve as a member of the Civil Service Board on behalf of the City of Atlanta.  This re-appointment is for a term of three (3) years to begin retroactively 5/15/09 and to expire 5/15/2012.  (Forwarded with no recommendation by Finance/Executive Committee 6/10/09; Held 6/15/09 by the Committee to allow the appointee an opportunity to appear before the Committee; Referred back to F/E Committee by Committee on Council 7/6/09; Favorable by Finance/Executive Committee 7/15/09.)

09C1090( 2)            A Communication from Chair LaChandra Butler Burks, Atlanta Board of Education, to Municipal Clerk Rhonda Dauphin Johnson re-appointing Mr. Eric W. Wilson to serve as a member of the BeltLine Tax Allocation District (TAD) Affordable Housing Board.  This re-appointment is for a term of two (2) years to begin retroactively on May 1, 2009 and expire April 30, 2011.  (Favorable by Community Development/Human Resources Committee 7/14/09.)

09C1091( 3)            A Communication from Chair LaChandra Butler Burks, Atlanta Board of Education, to Municipal Clerk Rhonda Dauphin Johnson re-appointing Ms. Catalina Sibilsky to serve as a member of the BeltLine Tax Allocation District (TAD) Affordable Housing Board.  This re-appointment is for a term of two (2) years to begin retroactively on May 1, 2009 and expire April 30, 2011.  (Favorable by Community Development/Human Resources Committee 7/14/09.)

09C1097( 4)            A Communication from President Charis L. Johnson, League of Women Voters of Atlanta-Fulton County, to Council President Lisa M. Borders and Members of Council, submitting the League of Women Voters’ appointment of Mr. Alan H. Morris as its representative to serve on the Atlanta Citizen Review Board.  This appointment is for a term of three (3) years, scheduled to being on the date of Council confirmation.  (Favorable by Public Safety & Legal Administration Committee 6/30/09; Recommendation to refer to PS&LA Committee by Committee on Council 7/6/09; Referred to PS&LA Committee by Full Council 7/6/09; Favorable by PS&LA Committee 7/14/09.)

09C1098( 5)            A Communication from Executive Director Cristina Beamud, Atlanta Citizen Review Board to Council President Lisa M. Borders as amended by Public Safety & Legal Administration Committee, submitting the Gate City Bar Association’s re-appointment of Ms. Charis Johnson as its representative to serve on the Atlanta Citizen Review Board.  This re-appointment is for a term of three (3) years beginning retroactively to June 04, 2009 and expires on June 4, 2012.  (Favorable as amended by Public Safety & Legal Administration Committee 6/30/09; Recommendation to refer to PS&LA Committee by Committee on Council 7/6/09; Referred to PS&LA Committee by Full Council 7/6/09; Favorable as amended by PS&LA Committee 7/14/09.)

09C1203( 6)            A Communication by Councilmember Anne Fauver re-appointing Mr. John Wolfinger to serve as a member of the Keep Atlanta Beautiful Board of Directors.  This re-appointment is retroactive to November 6, 2008 and expires November 06, 2010.  (Favorable by City Utilities Committee 7/14/09.)

09C1204( 7)            A Communication by Mayor Shirley Franklin appointing Ms. Cynthia Wolfe to serve as a member of the Keep Atlanta Beautiful Board of Directors on behalf of the City of Atlanta.  This appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.  (Favorable by City Utilities Committee 7/14/09.)

09C1207( 8)            A Communication by Mayor Shirley Franklin appointing Ms. Carol King to serve as a member of the Commission on Aging on behalf of the City of Atlanta.  This appointment is for a term of four (4) years, scheduled to begin on the date of Council confirmation.  (Favorable by Community Development/Human Resources Committee 7/14/09.)

ORDINANCES FOR SECOND READING

09O1111( 1)            An Ordinance by Committee on Council to amend Chapter 2, (Administration), Article II, (Council), Division 4, (Staff), Section 2-151 (a), (Sergeant-at-Arms), of the Code of Ordinances of the City of Atlanta, Georgia, so as to make the appointment of a Sergeant-at-Arms by the City Council discretionary rather than mandatory; to waive conflicting ordinances; and for other purposes.

09O1201( 2)            An Ordinance by Committee on Council to amend Chapter 2 (Administration), Article II (Council), Division 2 (Meetings), Subdivision II (Rules of Procedure), Section 2-105 (Establishment or Change in Fees for Service; Notice to Public) by deleting from the catchline, the words “for service” and by re-codifying Section 2-105 as Section 2-45 (Reserved) of Chapter 2 (Administration), Article II (Council), Division 1 (Generally); to re-designate Section 2-105 as “Reserved”; to waive conflicting ordinances; and for other purposes.

RESOLUTION

09R1096( 1)            A Resolution by Committee on Council as amended by Public Safety and Legal Administration Committee re-appointing Roderick “Rod” E. Edmond, M.D., J.D., as the City Council’s representative to the Atlanta Citizen Review Board, for a term of three (3) years, to begin retroactively on June 12, 2009 and to expire June 12, 2012.  (Referred as amended to Committee on Council by Public Safety & Legal Administration Committee 7/14/09.)

MEMBERS PRESENT:

CITY UTILITIES COMMITTEE CEASAR C. MITCHELL, VICE-CHAIR

ORDINANCE FOR SECOND READING

09O1114( 1)            An Ordinance by City Utilities Committee authorizing the Chief Financial Officer to amend the FY 2009 Budget (Renewal & Extension Water and Wastewater Fund-5052) in the amount of $5,200,000.00 to transfer funds from the General Reserve (5052) for appropriations and to add to appropriation funds for the RM Clayton WTP Co-Generation Project; and for other purposes.

FAVORABLE (1 ABSTENTION)

RESOLUTION

09R1230( 1)            A Resolution by City Utilities Committee authorizing the Mayor to issue a Notice to Proceed to CH2M Hill/Williams-Russell and Johnson, Inc., Joint Venture, for FC-7619-03C, Citywide Annual Contract for Architectural and Engineering Services, Task Order Biological Monitoring Support and Program/Project Management, on behalf of the Department of Watershed Management, in an amount not to exceed $108,786.00; all contracted work will be charged to and paid from Fund Department Organization and Account Number listed: 5051 (DWM Water and Wastewater Revenue Fund) 170603 (DWM-Industrial Wastewater Monitoring) 5212001 (Consultant/Professional Services) 7210000 (Protective Inspection Administration); and for other purposes.

FAVORABLE (1 ABSTENTION)

PAPERS HELD IN COMMITTEE

06O0937( 1)            An Ordinance by Councilmember Clair Muller as substituted by City Utilities Committee to amend Article VII of Chapter 74 entitled “Riparian Buffer Requirements”; to officially change the administrating Department to Watershed Management, to streamline the review process and clarify the Public Notice Requirements; and for other purposes.  (Referred by back Council 10/20/08) (Held 10/28/08 at the request of the author)

07R1214( 2)            A Resolution by City Utilities Committee authorizing the Mayor to issue a Notice to Proceed to Jacobs/PRAD/PBS & J, Joint Venture, for FC-7619-03D, Annual Contract for Architectural and Engineering Services, White Paper Study for the Policy Level Analysis of Security Options for Drinking Water Assets, in an amount not to exceed $48,250.48; all contracted work will be charged to and paid from Fund, Account and Center Number:  2J01 (Water & Wastewater Revenue Fund) 524001 (Consultant/Professional Services) Q12001 (Watershed Security); and for other purposes. (Held 6/12/07 at the request of Councilmember Shook for further review.)

07O1521( 3)            An Ordinance by Councilmember Natalyn M. Archibong to amend Chapter 138 of the Code of Ordinances of the City of Atlanta so as to create a new Article VIII to be entitled “Outdoor Dining Areas”; to amend Article II of Chapter 138 so as to create a new Division 8 to be entitled “Outdoor Dining Areas”; to establish procedures for the authorization of restaurants that wish to provide Outdoor Dining Services; and for other purposes.  (Held 7/31/07)  (Work sessions held 9/13/07 & 10/12/07)

07O2505( 4)            An Ordinance by Councilmembers Howard Shook, H. Lamar Willis, Mary Norwood, Joyce Sheperd, Anne Fauver, Natalyn M. Archibong, Clair Muller, Caesar C. Mitchell and Ivory L. Young, Jr. as amended by City Utilities Committee amending Section 130-84 (Rates and Charges) of the Code of Ordinances of the City of Atlanta for the purpose of eliminating the Solid Waste Frontage Fee; and for other purposes.  (Amended and held 11/27/07 for further review.)

07O2604( 5)            An Ordinance by Councilmember Clair Muller to amend Part 15, Section 15-09.004 of the City’s Land Subdivision Ordinance in the City of Atlanta’s Code of Ordinances for the purpose of defining sanitary sewer connection requirements for Land Subdivisions; and for other purposes.  (Held 12/11/07 for further review.)

07O2605( 6)            An Ordinance by Councilmember Clair Muller to amend Chapter 154, Utilities, Article IV, Sewer Construction and Assessments, Division 1 of the City Code of Ordinances for the purpose of defining Sanitary Sewer Connection Requirement; and for other purposes.  (Held 12/11/07 for further review.)

08O0481( 7)            An Ordinance by City Utilities Committee amending the 2008 (1994, 1997 G. O. Public Improvement Bond Fund) Budget by transferring from and to appropriations in the amount of $2,023,948.81, to fund the Assets Management and Improvement Program; and for other purposes.  (Held 4/1/08 for further review.)

08O1000( 8)            An Ordinance by Committee on Council to amend Chapter 154, Article II (Entitled “Water and Sewer Billing and Collection Procedures”), Section 154-26 of the Code of Ordinances of the City of Atlanta, so as to revise Subsection 154-26(d) which contains maximum yearly term requirements of the Water and Sewer Appeals Board at variance with provisions set out at Section 2-1854 of the Code of Ordinances that establishes terms of Office for Boards and Commissions; to waive conflicting ordinances; and for other purposes.  (Held 5/13/08 for further review.)

08O1213( 9)            An Ordinance by Councilmembers Clair Muller and Ceasar C. Mitchell to amend Chapter 130, Solid Waste Management Division 1, Section 130-37(b)(6) by deleting subsection (d).  (Held 6/10/08 at the request of the author for further review by the Department of Public Works.)

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

08O1217(11)           An Ordinance by Councilmember Clair Muller eliminating “Front Footage” billing on Solid Waste Services Bill and adding to the bill an amount for “Common Good Services” citywide for right-of-way cleaning where needed.  (Held 6/10/08 at the request of the author for further review by the Department of Public Works.)

08R1445(12)           A Resolution by Councilmember Carla Smith authorizing payment of stipulated penalties imposed by the Environmental Protection Agency (EPA) and the Environmental Protection Division of the Department of Natural Resources of the State of Georgia (EPD) in the amount of $                              as stipulated penalties for the violation of CSO Fecal Coliform Operational Standards                                     pursuant to the CSO Consent Decree, Civil Action File No. 1:95-CV-2550-TWT; to identify the source of funding; and for other purposes.  (Held 7/15/08) (Dummy paper)

08O1689(13)           An Ordinance by Councilmember Carla Smith authorizing a new appraisal for the purchase by the City of a twelve foot (12’) strip of land along the rear property line of 1144 and 1200 Avondale Avenue, lying and being in Land Lot 23 of the 14th District, Fulton County, Georgia; and for other purposes.  (Held 8/26/08 for further review)

08O2139(14)           An Ordinance by Councilmembers Mary Norwood and Carla Smith to amend the City of Atlanta Code of Ordinances, Part 154, Division IV, Section 154-297, to recoup the cost to the City of Enforcement of the Grease Management Ordinance; to clarify the permit process; and for other purposes.  (Held 10/28/08 at the request of the author)

08R2162(15)           A Resolution by City Utilities Committee authorizing the Mayor on behalf of the City of Atlanta, to enter into a Memorandum of Understanding, with the Georgia Department of Transportation, for Project Management, Preliminary Engineering Design Activities and Construction and the acquisition of rights-of-way of certain improvements, for Transportation Enhancement Project No. CSTEE-0009-00(023), East Atlanta Sidewalks, Fulton County; and for other purposes.  (Held 11/10/08 at the request of the Department of Public Works.)

09O0214(16)           An Ordinance by City Utilities Committee rescinding 97-O-1090 which abandoned Gaither Circle, NE between Cheshire Bridge Road, NE and Wellbourne Drive, NE, all lying and being in Land Lot 50 of the 17th District, Fulton County, Georgia; and for other purposes.  (Held 2/24/08 for a Public Hearing)

09O0660(17)           An Ordinance by City Utilities Committee authorizing the Chief Financial Officer to amend the FY 2009 Budget (2001 Water and Wastewater Fund 2J27/5057)), in the amount of $12,287,398.00; to transfer funds from Completed, Realigned, Postponed or Discontinued Projects to the Capital Projects Reserve for Appropriations; and for other purposes.  (Held 5/12/09 for further review.)

09O0663(18)           An Ordinance by City Utilities Committee authorizing the Chief Financial Officer to amend the FY 2009 (2004 Water and Wastewater – (2J28/5058)) Budget, in the amount of $39,685,993.15; to transfer funds from Completed, Realigned, Postponed or Discontinued Projects to the Capital Projects Reserve for Appropriations; and for other purposes.  (Held 5/12/09 for further review.)

09R0935(19)           A Resolution by City Utilities Committee authorizing the Mayor to enter into an agreement with _______, for FC-4742, Sewer Groups II Rehabilitation Cured-In-Place Pipe, Contract D, on behalf of the Department of Watershed Management, in an amount not to exceed $______; all contracted work shall be charged to and paid from Fund, Department and Account Number_____________; and for other purposes.  (Held 5/26/09 for further review)

09R0936(20)           A Resolution by City Utilities Committee authorizing the Mayor to enter into an agreement with _______, for FC-4746, Sewer Groups II Rehabilitation Cured-In-Place Pipe, Contract E, on behalf of the Department of Watershed Management, in an amount not to exceed $______; all contracted work shall be charged to and paid from Fund, Department and Account Number_____________; and for other purposes.  (Held 5/26/09 for further review)

09R1232(21)           A Resolution by City Utilities Committee authorizing the Mayor to execute an agreement with People TV, Inc. to operate public access o the Cable System in the City Atlanta; for the purpose of providing funding for public access; and for other purposes.  (Held 7/14/09 for further discussions.)

MEMBERS PRESENT:  SMITH, SHOOK, MULLER, YOUNG, MITCHELL & SHEPERD