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

Order of Business for the Atlanta City Council

Monday, August 17, 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

            Public Safety and Legal

            Administration Committee                                      Cleta Winslow                              23

            Transportation Committee*                                     Clair Muller                                   30

            Zoning Committee                                                   Ivory L. Young, Jr.                       31

            Finance/Executive Committee*                               Howard Shook                              38

            Committee on Council**                                         Felicia A. Moore                           49

            City Utilities Committee                                          Carla Smith                                   51

            Community Development/Human

            Resources Committee                                              Jim Maddox                                  58

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 12-15)

5.         PROCLAMATIONS, COMMENDATIONS AND OTHER SPECIAL AWARDS

Councilmember Kwanza Hall – proclamation being presented to:

In Honor of Green Cell:

District 2 Partnership for Sustainable Community Cleanups

Councilmember Cleta Winslow – proclamation being presented to:

In Honor of Atlanta Victim Assistance, Inc.

Councilmember Anne Fauver – proclamation being presented to:

Judge Arthur Kaplan

Councilmember Jim Maddox – proclamation being presented to:

In Honor of ifCON International Friendship Weekend

8.         COMMUNICATION

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

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

PUBLIC SAFETY AND LEGAL  ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

08O0824( 1)            An Ordinance by Councilmembers Ceasar C. Mitchell, Cleta Winslow, Joyce M. Sheperd, Mary Norwood, C. T. Martin, Ivory L. Young, Jr., Kwanza Hall and H. Lamar Willis to amend Article V (Entitled “Offenses by and against Minors”) of Chapter 106 of the Code of Ordinances of the City of Atlanta, Georgia, by creating a new Section 106-229 to be entitled “Day-Time Curfew” so as to impose a Day-Time Curfew on minors, ages six (6) to sixteen (16) years; and for other purposes 

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.

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.

TRANSPORTATION COMMITTEE - CLAIR MULLER, CHAIR

09O1221( 4)            A Substitute Ordinance as amended by Transportation Committee amending the 2009 (Agency Fund) Budget by transferring from and to appropriations in the amount of $527,000.00 from an escrow account to the Department of Public Works Office of Transportation to fund the Edgewood Retail District Traffic Calming Project; and for other purposes.

FINANCE/EXECUTIVE COMMITTEE - FELICIA A. MOORE, VICE-CHAIR

09O0821( 5)            An Ordinance by Councilmembers Carla Smith and Cleta Winslow as substituted by Finance/Executive Committee to (1) authorize the execution and delivery of a First Amendment to Intergovernmental Agreement among the City of Atlanta, the Atlanta Development Authority and the Atlanta Independent School System, (2) amend the Master Indenture of Trust with respect to the City of Atlanta Tax Allocation Bonds (BeltLine Project) to provide for BeltLine Tax Allocation Increments to include amounts calculated based upon taxes levied by the Board of Education of the City of Atlanta as security for BeltLine Bonds, (3) provide for the issuance and sale of Tax Allocation Bonds (BeltLine Project), in Multiple Series, from time to time in an aggregate principal amount not to exceed $267,090,000.00, (4) provide for the issuance and sale, in Multiple Series, of Tax Allocation Bonds (BeltLine Project), Series 2009 (or other designated Series) in the aggregate principal amount of not to exceed $164,675,000.00 for the purpose of (A) Prepaying Certain Obligations of the City due in respect of the BeltLine Project pursuant to an Intergovernmental Agreement with the Downtown Development Authority, (B) refunding certain previously issued Series 2008 Tax Allocation Bonds and (C) providing funds to pay, or to be applied or contributed toward, the payment of other redevelopment costs identified herein (The “Series 2009 Projects”), (5) authorize paying expenses incident to accomplishing all of the foregoing, (6) authorize the execution of financing documents in respect of the refunding and the projects in the BeltLine TAD including the 2009 Projects, including a Second Supplemental Indenture of Trust with respect to the Series 2009 Bonds and a Bond Purchase Contract, and (7) authorize certain other related actions, all in connection with the issuance and sale of the foregoing described Series 2009 Bonds; and for other purposes.

09O1072( 6)            An Ordinance by Councilmember Howard Shook to provide for the Annexation of property located at 4118 E. Brookhaven Drive to the corporate limits of the City of Atlanta, Georgia pursuant to the 100% Method; to authorize the Law Department to seek preclearance from the United States Department of Justice and to notify the Georgia Department of Community Affairs of such annexation; and for other purposes.

09O1299( 7)            An Ordinance by Finance/Executive Committee to correct Ordinance Number 09-O-0784 adopted by the Atlanta City Council on May 18, 2009, and approved by the Mayor on May 26, 2009 to reflect the correct dollar amount in Section 2 of the legislation; and for other purposes.

09O1300( 8)            An Ordinance by Finance/Executive Committee to correct Ordinance Number 09-O-1074 adopted by the Atlanta City Council on June 15, 2009, and approved by the Mayor on June 23, 2009 to reflect the correct Fund Number; and for other purposes.

09O1301( 9)            An Ordinance by Finance/Executive Committee to authorize the Chief Financial Officer of the City of Atlanta to create a Green Revolving Loan Fund for the purpose of implementing efficiency projects as part of the Environmental Sustainability Initiative; and for other purposes.

09O1372(10)           An Ordinance by Councilmember Cleta Winslow as amended by Finance/Executive Committee authorizing the City of Atlanta to waive the Competitive Procurement Provisions contained in Article X, Procurement and Real Estate Code of the City of Atlanta Code of Ordinances, and authorizing the Mayor or her designee, (“City”), to negotiate for and purchase approximately 6.0 acres of property bounded by Langhorn Street, Enota Place and I-20 (“The Property”), from the Trust for Public Land (“TPL”) or any other group or individual authorized to sell The Property, in an amount not to exceed $582,000.00, for the purpose of expanding a park (Enota Park).  The City’s Purchase Price, Due Diligence and Purchase Services shall be paid from Park Opportunity Bond 2005A: Fund: 3129, Dept.: 140106, Account Park Design: 5411001 (Land), Function Activity: 6220000 Park Areas, Funding Source: 21230 2005A Park Improvement Bond 9999, PTAEO, Project: 14100247, Task: 101, Award: 312921230, Expense Type: 5411001, Organization: City of Atlanta; and for other purposes.

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

09O1373(11)           An Ordinance by Councilmember Kwanza Hall as substituted by City Utilities Committee authorizing the Mayor or her designee to enter into an agreement between Hyatt Equities, LLC, HMA Realty Limited Partnership, and ACP Marquis II, LLC and the City of Atlanta for the erection of a bridge in accordance with Section 138-25(b) of the City of Atlanta’s Code of Ordinances; and for other purposes.

09O1380(12)           An Ordinance by Councilmember Howard Shook authorizing the Mayor or her designee to waive the sidewalk requirements of Section 15-09.003 of the City of Atlanta Code of Ordinances, to provide that a certain Subdivision SD-08-07 (3820 Ivey Road, NW) applicant deposit a dollar amount ($2,137.00) equal to the value of the required sidewalk construction into a designated Trust Fund Account for District 7; and for other purposes.

COMMUNITY DEVELOPMENT/ HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR

09O1121(13)           A Substitute Ordinance by Community Development/Human Resources Committee amending the 2009 (Community Development Fund) Budget by anticipating and appropriating $3,441,091.00 for the purpose of funding projects under the Homelessness Prevention and Rapid Re-Housing Program of the American Recovery and Reinvestment Act (ARRA) of 2009; and for other purposes.

09O1199(14)           A Substitute Ordinance by Community Development/Human Resources Committee amending the 2009 (Community Development Fund) Budget by reducing and adding to anticipations and transferring to and from appropriations in the amount of $803,579.24 for the purpose of funding CD-610, Housing Demolition/Reclamation and CD-838, Quality Living Services (QLS) Meadows Erosion Project; and for other purposes.

09O1200(15)           A Substitute Ordinance by Community Development/Human Resources Committee amending the 2009 (Community Development Fund) Budget by reducing and adding to anticipations and transferring to and from appropriations in the amount of $841,404.66 for the purpose of funding handicapped accessibility improvements at various recreation centers; and for other purposes.

09O1375(16)           An Ordinance by Councilmembers Felicia A. Moore and Clair Muller changing the name of the City of Atlanta park currently known as the Coronet Way Park to the “Sara J. Gonzalez Park” located in City Council District 9 on behalf of the Department of Parks, Recreation and Cultural Affairs; and for other purposes.

RESOLUTIONS

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

09R1368( 1)            A Resolution by Public Safety and Legal Administration Committee authorizing the settlement of all claims against the City of Atlanta in the case of City of Atlanta v. The Krystal Company, Fulton County Superior Court, Civil Action File No. 2009-CV-167316, in an amount not to exceed $12,000.00 related to the condemnation for certain sewer easement areas on property located in Land Lots 149 and 150 of the 17^th District of Fulton County, Georgia, said property having the address of 626 14^th Street, Atlanta, GA with a Tax Identification No. of 0017-0150-0009-067-2 and owned by The Krystal Company; that all monetary settlement amounts be charged to and paid from Fund 5051 (Watershed & Wastewater Fund), Account 170201 (DWM Wastewater Treatment & Collections); 5750002 (Property/Liquidation); 4310000 (Sanitary Administration); authorizing the Chief Financial Officer to distribute the settlement amount; and for other purposes.

TRANSPORTATION COMMITTEE - CLAIR MULLER, CHAIR

09R1350( 2)            A Resolution by Transportation Committee authorizing the Mayor to apply for, accept, execute associated documents and implement all grant awards offered to the City of Atlanta from all State and Federal Agencies for projects at Hartsfield-Jackson Atlanta International Airport during the 2010 Fiscal Year; and for other purposes.

09R1351( 3)            A Resolution by Transportation Committee authorizing the Aviation General Manager, or his designee, to issue Task Orders under Contract No. FC-3007000038-D, Managing General Contractors, with Turner Construction Company, Inc./Davis & Associates, Inc., a Joint Venture, in a collective amount not to exceed $4,500,000.00 to Renovate and Expand Aircraft Rescue and Fire Fighting (ARFF) Facilities at Hartsfield-Jackson Atlanta International Airport.  All services will be charged to and paid from PTAEO: 18101691 (E405 Station #40) 101 (R21E4059999) 550591336 (DOA PFC Revenue 96AA) 5413002 (Building Improvements) and FDOA 5505 (Airport Passenger Facility Charge Fund) 180201 (DOA Aviation Planning & Development) 5413002 (Building Improvements) 7563000 (Airport) 101691 (E405 Station #40) 91336 (DOA PFC Revenue 96AA) 0000 (Default) 00000000 (Default) 00000000 (Default); and for other purposes.

FINANCE/EXECUTIVE COMMITTEE - FELICIA A. MOORE, VICE-CHAIR

09R1354( 4)            A Substitute Resolution by Finance/Executive Committee authorizing the Mayor or her designee to enter into a Cooperative Purchasing Agreement pursuant to Section 2-1601 et seq. of the City of Atlanta Code of Ordinances, utilizing GSA Contract GS-35F-4076D with Dell Marketing, LP., in an amount not to exceed $4,854,802.34; all costs to be financed through CIT Financing Services, Inc., subject to separate Council authorization; and for other purposes.

09R1355( 5)            A Resolution by Finance/Executive Committee authorizing the Mayor or her designee to execute Lease Amendments to two individual Lease Agreements with Verizon Wireless; said Lease Amendments being for the sole purpose of Upgrading Existing Antenna Equipment on Communication Towers located at Anderson Park and Fire Station 21.

09R1356( 6)            An Substitute Resolution by Finance/Executive Committee authorizing the Mayor to execute a Sole Source Agreement with Burnett Lime Company, Incorporated for Cal-Flo Lime Slurry at the R. M. Clayton Wastewater Treatment Facility, on behalf of the Department of Watershed Management, in an amount not to exceed $600,000.00; all contracted work shall be charged to and paid from Fund, Department Organization and Account Number 5051 (Water & Wastewater Revenue Fund) 170204 (DWM Water Treatment Complex-R. M. Clayton) 5311003 (Supplies, Consumable-Trackable) 4335000 (Treatment); and for other purposes.

09R1357( 7)            An Amended Resolution by Finance/Executive Committee authorizing the Mayor or her designee to extend Sole Source Agreement with Otis Elevator Company, for Elevator Maintenance at City Hall East on a Month-to-Month for up to 18 months, on behalf of the Executive Offices-Office of Enterprise Assets Management.  This agreement shall not exceed $77,000.00.  All contracted work shall be charged to and paid from 1001 (General Fund), Department 040405 (Exe. Facility Maintenance), Account 5222001 (Repair/Maintenance-Buildings), Function Activity 1565000 (Gen Gov. Bldgs. and Plants); and for other purposes.

09R1358( 8)            A Resolution by Finance/Executive Committee authorizing the Mayor to execute Amendment No. 5, for Contract No. FC-6005007878, Citywide Elevator Service, between the City of Atlanta and Thyssen Krupp Elevator Corporation, on behalf of the Executive Offices-Office of Enterprise Assets Management, to add the Site and Funding for the New Public Safety Headquarters (PSHQ), and the Public Safety Annex in an amount not to exceed $21,600.00.  All contracted work shall be charged to and paid from 1001 (General Fund), Department 040415 (Exe. Facility Maintenance-Public Safety Annex), Account 5222001 (Repair & Maintenance), Function Activity 1565000 (General Government Buildings & Plants)-$10,800.00, 1001 (General Fund), Department 040419 (Exe. Facility Maintenance-Public Safety Headquarters-PSHQ), Account 5222001 (Repair & Maintenance), Function Activity 1565000 (General Government Buildings & Plants)-$10,800.00; and for other purposes.

09R1359( 9)            A Resolution by Finance/Executive Committee authorizing the Mayor to execute Amendment No. 7, for Contract No. FC-6005007888B, Citywide Security Guard Services, between the City of Atlanta and Dothan Security, Inc., on behalf of the Executive Offices-Office of Enterprise Assets Management, to add the Site and Funding for the New Public Safety Headquarters (PSHQ), and the Public Safety Annex FY-09 Funding in an amount not to exceed $279,000.00.  All contracted work shall be charged to and paid from 1001 (General Fund), Department 040415 (Exe. Facility Maintenance-Public Safety Annex), Account 5212001 (Consulting/Professional), Function Activity 1565000 (General Government Buildings & Plants)-$186,000.00, 1001 (General Fund), Department 040419 (Exe. Facility Maintenance-Public Safety Headquarters-PSHQ), Account 5212001 (Consulting/Professional), Function Activity 1565000 (General Government Buildings & Plants)-$93,000.00; and for other purposes.

09R1360(10)           A Resolution by Finance/Executive Committee authorizing the Mayor to execute Amendment Agreement Number 1 with Honeywell, Inc., for FC-4714, Citywide HVAC Services on behalf of the Executive Offices-Office of Enterprise Assets Management to add the Site and Funding for the New Public Safety Headquarters (PSHQ), and the Public Safety Annex, in an amount not to exceed $631,000.00.  All contracted work shall be charged to and paid from 1001 (General Fund), Department 040403 (Exe Heating & Air Maintenance), Account 5222001 (Repair & Maintenance-Buildings), 1565000 Function Activity (Gen Gov-Bldgs & Plants); and for other purposes.

09R1361(11)           A Resolution by Finance/Executive Committee authorizing the Mayor to execute Renewal Agreement No. 1 with OJS Systems, Inc., for FC-7665-04C, Citywide Janitorial Services, for twelve (12) months or until City Hall East is vacated on behalf of the Executive Offices, Office of Enterprise Assets Management in an amount not to exceed $69,923.00.  All contracted work to be charged to and paid from Fund, 1001 (General Fund), Department 040405 (Exe. Facility Maintenance-City Hall East), Account 5212001 (Consulting/Professional), Function Activity 1565000 (General Government Buildings & Plants); and for other purposes.

09R1362(12)           An Amended Resolution by Finance/Executive Committee authorizing the Mayor to execute Renewal Agreement No. 2 with D&B Janitorial Services, Inc., for FC-7665-04B, Citywide Janitorial Services, on behalf of the Executive Offices, Office of Enterprise Assets Management in an amount not to exceed $104,157.84; all contracted work to be charged to and paid from Fund, 1001 (General Fund), Department 040404 (Exe. Facility Maintenance-AWDA), Account 5212001 (Consulting/Professional Services), Function Activity 1565000 (General Government Buildings & Plants)-$34,500.00, 1001 (General Fund), Department 040406 (Exe. Facility Maintenance-Municipal Court), 5212001 (Consulting/Professional Service), Function Activity 1565000 (General Government Buildings & Plants)-$69,657.84; and for other purposes.

09R1363(13)           A Resolution by Finance/Executive Committee authorizing the Mayor to execute Renewal Agreement No. 4 with A-Action Janitorial Services, Inc., for FC-7665-04A, Citywide Janitorial Services, on behalf of the Executive Offices-Office of Enterprise Assets Management to add the Sites and Funding for the New Public Safety Headquarters (PSHQ), and the Public Safety Annex, in an amount not to exceed $216,057.20; all contracted work shall be charged to and paid from 1001 (General Fund), Department 040415 (Exe. Facility Maintenance-Public Safety Annex), Account 5212001 (Consulting/Professional), Function Activity 1565000 (General Government Buildings & Plants)-$110,000.00, 1001 (General Fund), Department 040419 (Exe. Facility Maintenance-Public Safety Headquarters-PSHQ), Account 5212001 (Consulting/Professional), Function Activity 1565000 (General Government Buildings & Plants)-$106,057.20; and for other purposes.

09R1364(14)           A Substitute Resolution by Finance/Executive Committee authorizing the Mayor to execute the First Amendment to the Agreement between the City of Atlanta and First Southwest Company, for FC-6005007958-A, Financial Advisor to the City of Atlanta, on behalf of the Department of Finance, pursuant to the Compensation Schedule attached hereto as Exhibit 1; all contracted work to be charged to and paid from Fund, Department Organization, and Account Number 5513 (Airport Facilities Revenue Bond Fund) 200801 (NDP Debt Service Administration) 5212001 (Consultant Professional Services) 8000000 (Debt Service); and for other purposes.

09R1366(15)           A Resolution by Finance/Executive Committee authorizing the Mayor or her designee to enter into a Fifty (50) Month Financing Agreement on behalf of the Department of Information Technology with CIT Technology Financing Services, Inc., for the purchase of Microsoft Licenses from Dell Marketing LLP., in an amount not to exceed $4,854,802.34; all payments shall be charged to and paid from Fund, Department, Account and Organization 1001 (General Fund) 050211 (IT Network Management) 5410001 (Consulting/Professional Services-Capital) 1535000 (Data Processing/Management Information Systems); and for other purposes.

09R1386(16)           A Resolution by Finance/Executive Committee authorizing

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

09R1387(17)           A Resolution by Finance/Executive Committee authorizing

***                              the Mayor to execute the First Amendment to the Agreement between the City of Atlanta and Resource Mosaic, Inc., for FC-4809-B, Financial Management Consulting Services, on behalf of the Department of Finance, in an amount not to exceed $900,000.00; all contracted work to be charged to and paid from Fund, Department Organization and Account Number 1001 (General Fund) 5212001 (Consulting/Professional Services) 100101 (DOF Chief Financial Officer) ($471,500.00); 1001 (General Fund) 5212001 (Consulting/Professional Services) 100301 (DOF Controller) ($227,950.00); 1001 (General Fund) 5112001 (Salaries, Extra Help) 100301 (DOF Controller) ($200,550.00); and for other purposes.

09R1388(18)           A Resolution by Finance/Executive Committee authorizing

***                              the Mayor, on behalf of the Department of Planning and Community Development, to enter into Contract Amendment No. 4 to the existing Citywide Demolition Contract Agreements with H&H Demolition & Hauling, Inc., for FC-6006007938A; Leon Benton Construction, for FC-6006007938B; Mack Hauling, Inc., for FC-6006007938C; and Kissberg Construction, Inc., for FC-6006007938D, in order to allocate funds in an amount not to exceed $190,000.00.  All contracted work shall be charged to and paid from the Account Segment/PTAEO Numbers identified in this resolution; and for other purposes.

09R1389(19)           A Resolution by Finance/Executive Committee authorizing

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

09R1390(20)           A Resolution by Finance/Executive Committee authorizing

***                              the Mayor or her designee to execute an Agreement with James W. Sewell Company pursuant to Atlanta City Code Section 2-1191.1 Special Procurements, for Geoserver Dispatching Support, on behalf of the Department of Information Technology, in an amount not to exceed $100,000.00, to be charged to and paid from FDOA Number 2151 (Emergency Telephone System) 240207 (APD-E911) 5213001 (Consulting/Professional Services-Technical) 3800000 (E911); and for other purposes.

09R1391(21)           A Resolution by Finance/Executive Committee authorizing

***                              the Mayor or her designee to execute an Agreement with Stratus Technologies pursuant to Atlanta City Code Section 2-1191.1 Special Procurements, for Stratus ftServer Support and Maintenance, on behalf of the Department of Information Technology, in an amount not to exceed $102,795.80, to be charged to and paid from FDOA Number 2151 (Emergency Telephone System) 240207 (APD-E911) 5213001 (Consulting/Professional Services-Technical) 3800000 (E911); and for other purposes.

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

09R1316(22)           A Resolution by City Utilities Committee authorizing the Mayor or her designee to enter into an agreement by and between the City of Atlanta, the Georgia Department of Transportation (“GDOT”) and the Norfolk Southern Railway Company for the Construction (by GDOT) and Subsequent Maintenance (by the City of Atlanta) of the Mitchell Street Bridge located between Spring Street, SW and Elliott Street, SW in Downtown Atlanta; and for the City of Atlanta to enter into an agreement with Norfolk Southern Railway Company (“NS”) for the demolition of the Nelson Street Bridge located between Spring Street, SW and Elliott Street, SW in Downtown Atlanta; and for other purposes.

09R1318(23)           A Resolution by City Utilities Committee establishing the compensation limits for Parsons/EGM, JV, for FC-7568-03, Program and Construction Management Services for the Quality of Life Bond Program, during the sixth term of the Contract on behalf of the Department of Public Works, in an amount not to exceed $853,612.02; all contracted work shall be charged to and paid from Fund, Numbers, Department, Function Activity and PATEO Funding Sources listed; and for other purposes.

09R1385(24)           A Resolution by City Utilities Committee authorizing the

***                              Mayor to enter into a Renewal Lease Agreement No 2 with Russell C. McCall an Atlanta Loft Company, LLC for Rental Space located at 236 Forsyth Street, SW, Atlanta, Georgia on behalf of the Department of Watershed Management, in an amount not to exceed $358,487.62; to be charged to and paid Fund, Department and Organization and Account Numbers listed: and for other purposes.

COMMUNITY DEVELOPMENT/ HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR

09R1122(25)           A Substitute Resolution by Community Development/Human Resources Committee authorizing the Mayor, on behalf of the City of Atlanta, to enter into a Memorandum of Understanding between the City and Cascade Youth Organization, such that the Cascade Youth Organization may maintain, operate, and provide programming at Adams and John A. White Parks; and for other purposes.

09R1218(26)           A Resolution by Councilmember Ivory Lee Young, Jr. authorizing the Mayor to execute a contract not to exceed $2,200,000.00 with Senior Connections to manage HOME Investment Partnership (HOME), Owner Occupied Rehabilitation Program (OORP) and to expand the scope of the Home Repair/Modification for Senior Citizens Program CD-819 to include the substantial rehabilitation of owner occupied properties; and for other purposes.

09R1323(27)           A Substitute Resolution by Community Development/Human Resources Committee authorizing the Mayor to execute a contract for FC-4981 on behalf of the Department of Planning and Community Development (“City”), Bureau of Planning, with Sizemore Group, Inc., for the purpose of conducting the D. L. Hollowell/Veterans Memorial Parkway Corridor Livable Centers Initiative (“LCI”) Study in an amount not to exceed $150,000.00, charged to and paid from account numbers as listed; and for other purposes.

09R1392(28)           A Resolution by Community Development/Human Resources

***                              Committee authorizing the Mayor to enter into Various Contractual Agreements for the implementation of projects under the Homelessness Prevention and Rapid Re-Housing Program of the American Recovery and Reinvestment Act (ARRA) of 2009; and for other purposes.

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

Claims with favorable recommendations:

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

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

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

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

Claims with unfavorable recommendations:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CONSENT AGENDA SECTION II

ORDINANCES FOR FIRST READING

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

09O1349( 1)            An Ordinance by Public Safety and Legal Administration Committee amending Chapter 98, Article IV of the City Code of Ordinances entitled “Department of Corrections” so as to set forth that vendors providing services which involve contact with detainees be required to obtain Tuberculosis Testing and Clearance for their employees prior to assignment at the Atlanta Department of Corrections; and for other purposes.

TO BE REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

FINANCE/EXECUTIVE COMMITTEE - FELICIA A. MOORE, VICE-CHAIR

09O1352( 2)            An Ordinance by Finance/Executive Committee to anticipate and appropriate Bond Proceeds in the amount of $84,618,507.45 for the City of Atlanta General Obligation Refunding Bonds, Series 2009; and for other purposes.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE

09O1353( 3)            An Ordinance by Finance/Executive Committee to anticipate and appropriate Bond Proceeds in the amount of $55,714,179.10 for the Downtown Development Authority of the City of Atlanta Refunding Revenue Bonds (Underground Atlanta Project), Series 2009A and the Downtown Development Authority of the City of Atlanta Taxable Refunding Revenue Bonds (Underground Atlanta Project), Series 2009B; and for other purposes.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE

09O1367( 4)            An Ordinance by Finance/Executive Committee authorizing the Mayor or her designee to execute a Lease with ACP Peachtree Center, LLC for the purpose of providing Office Space for the Department of Parks, Recreation and Cultural Affairs; and for other purposes.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE

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

09O1313( 5)            An Ordinance by City Utilities Committee authorizing the Chief Financial Officer to amend the FY 2010 Budget (2004 Water and Wastewater Bond Fund-5058) in the amount of $1,005,374.00 to transfer funds from the Capital Project Reserve (5058) for appropriations and to add to appropriation funds for the South River Basin Relief Project; and for other purposes.

TO BE REFERRED TO CITY UTILITIES COMMITTEE

COMMUNITY DEVELOPMENT/ HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR

09O1319( 6)            An Ordinance by Community Development/Human Resources Committee to amend Atlanta Code of Ordinances by adding a new Subsection 110-70.4 which shall create an Off-Leash Pet Area for dogs in a specified area of the South Bend Park; said area is to be maintained by the Friends of South Bend Park and Park Pride Atlanta, Inc.; to accept certain improvements totaling $45,000.00 to the designated Off-Leash Pet Area from the Friends of South Bend Park; and to name this area the “South Bend Dog Park”, on behalf of the Department of Parks, Recreation and Cultural Affairs; and for other purposes.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

09O1320( 7)            An Ordinance by Community Development/Human Resources Committee amending the 2009 (Intergovernmental Grant Fund) Budget by adding to anticipations and appropriations in the amount of $435,131.00, to increase the Budget amount authorized by the U. S. Department of Housing and Urban Development (HUD) for the City of Atlanta Section 8 Moderate Rehabilitation Program for Arcadia Downs Apartment; and for other purposes.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

09O1321( 8)            An Ordinance by Community Development/Human Resources Committee authorizing the Mayor or her designee, on behalf of the City of Atlanta (“City”), to accept from the Georgia Power Company (“GPC”) approximately 0.796 acre of property located at 2010 and 2020 Lenox Road and known as the GPC Property (The “GPC Property”) on which GPC has constructed a parking lot and trail prior to its conveyance, a trail easement on approximately 0.447 acre of property in the City located on the Morningside Place Condominium property know as the Morningside Place Easement and Trail (“Trail Easement”), a donation of up to $5,000.00 to fund due diligence and purchase services, a donation of up to $71,887.65 to Park Pride to Fund, Design and Construction costs of a trail; and for other purposes.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

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

FAVORABLE ON SUBSTITUTE AS AMENDED - 3^RD READING, FINAL ADOPTION (1 ABSTENTION)

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)

08O0884(10)           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(11)           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(12)           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(13)           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(14)           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(15)           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(16)           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(17)           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(18)           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(19)           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(20)           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(21)           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(22)           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(23)           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(24)           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(25)           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(26)           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(27)            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.)

09R1348(28)            A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor or her designee to accept on behalf of the Atlanta City Department of Corrections (ACDC) Compensation in an amount not to exceed $20.00 per dosage for the administration of Tuberculosis Testing to the employees of vendors assigned to the ACDC; and for other purposes.  (Held 7/28/09)

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

TRANSPORTATION COMMITTEE                               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 (2) 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; Substituted and held 7/29/09 by the Committee for further discussion and information from the Dept.)

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 & WILLIS

ZONING COMMITTEE                                         IVORY L. YOUNG, JR., CHAIR

ORDINANCES FOR SECOND READING

08O0328( 1)            An Ordinance by Community Development/Human

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

NPU-O                                                           Council District 5

FAVORABLE

09O0300( 2)            An Ordinance by Community Development/Human

CDP-09-10                 Resources Committee to amend the Land Use Element of the 2008 Atlanta Strategic Action Plan (ASAP) so as to re-designate property that is located at 3755 and 3765 Forrest Park Road, 950 Conley Drive and Parcel 14 00010002052, from the “Industrial” Land Use Designation to the “Medium Density Residential” Land Use Designation (Z-09-01); and for other purposes. (CDP Public Hearing held 3/9/09) (Favorable by CD/HR Committee 07/28/09)

NPU-Z                                                Council District 12

FAVORABLE

09O0806( 3)            An Ordinance by Zoning Committee designating the Crum &

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

FAVORABLE

09O0844( 4)            An Ordinance by Zoning Committee to amend the 1982

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

FAVORABLE

09O1070( 6)            An Ordinance by Councilmember Howard Shook as

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

FAVORABLE ON SUBSTITUTE AS AMENDED

09O1071( 5)            An Ordinance by Councilmember Howard Shook to amend the Land Use Element of the City of Atlanta 2008 Comprehensive Development Plan (CDP) so as to designate property at 4118 E. Brookhaven Drive to the Single-Family Residential Land Use classification; and for other purposes. (Public Hearing held 06/30/09) (Favorable by CD/HR Committee 07/28/09)

FAVORABLE

ORDINANCES FOR FIRST READING

09O1383( 1)            An Ordinance by Zoning Committee to rezone property from

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

Depth: Approximately 362 feet

Area:               Approximately 0.502 Acre

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

Owner:            Soon R. Hoh

Applicant:       Soon R. Hoh

NPU-B                                                            Council District 7

TO BE REFERRED TO ZRB AND ZONING COMMITTEE

09O1384( 2)           An Ordinance by Zoning Committee to amend Ordinance 06-

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

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

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

Applicant:       Charles F. Palmer

NPU-O                                               Council District 5

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-

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

Depth: Varies

Area:               Approximately 27 Acres

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

Owner:            Atlanta Neighborhood Development Partnership

Applicant:       Marvin Greer

NPU-H                                                           Council District 10

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

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

NPU-H                                                           Council District 1

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

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

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

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

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

Depth: Approximately 1,010 Feet

Area:               Approximately 10.32 Acres

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

Owner:            JWGST LLC/Joseph Wiles

Applicant:       Jason Fritz

NPU-Y                                                           Council District 1

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

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

Depth:             Varies

Area:               Approximately 1.75 Acres

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

Owner:            George Rohrig

Applicant:       Joseph Alcock

NPU-W                                              Council District 1

MEMBERS PRESENT:  YOUNG, ARCHIBONG, MARTIN, FAUVER & NORWOOD

 ZRB Summary Report  

FINANCE/EXECUTIVE COMMITTEE FELICIA A. MOORE, VICE-CHAIR

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.)

09O0911(31)           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( 32)          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.)

09O1101(33)           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(34)           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(35)           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(36)           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.)

09O1220(37)           A Substitute 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 Agreement with the City of Atlanta in the amount of $500,000.00 so as to allocate those funds for the purpose of PEG Support; and for other purposes.  (Substitute and held 7/29/09 by the Committee for a Public Hearing to held by CUC.)

09R1365(38)           A Resolution by Finance/Executive Committee authorizing the Mayor to accept the donation of a Wind Turbine valued at $20,000.00 from Southeast Energy Efficency Alliance and the Gates Foundation, on behalf of the Office of the Mayor, to create a Demonstration Renewable Energy Project at Hemphill Water Treatment Facility; and for other purposes.  (Held 7/29/09 by the Committee for NPU notification.)

09O1376(39)           An Ordinance by Councilmember Felicia A. Moore to amend Article X, Chapter 2, Division 4, Section 2-1212 of the Atlanta City Code of Ordinances to require proof of available funds to be attached to all legislation submitted to City Council for the award of contracts involving the expenditure of City funds; and for other purposes.  (Held 7/29/09 at the request of the author for further review.)

09O1378(40)           An Ordinance by Councilmembers Howard Shook and Clair Muller for the Series 2009B/C/D/E Supplemental Bond Ordinance Supplementing and Amending that certain Fourteenth Supplemental Bond Ordinance of the City of Atlanta Adopted on July 6, 2009, to, among other things, set forth the terms of (1) the Airport General Revenue Bonds, Series 2009B and Series 2009C (The “Series 2009B/C Bonds”) and (2) the Airport Passenger Facility Charge and Subordinate Lien General Revenue Bonds, Series 2009D and Series 2009E (The “Series 2009D/E Bonds”, together with the Series 2009B/C Bonds, the “Series 2009B/C/D/E Bonds”) within certain parameters previously established by the City including the Original Aggregate Principal Amount, Interest Rates, Maturity Amounts, Maturity Dates, Redemption Provisions and Debt Service Reserve Requirement with respect thereto; ratify certain prior actions of the City Council and certain officers and agents of the City with respect to the issuance and sale of the Series 2009B/C/D/E Bonds; designate the Underwriters and Bond Counsel with respect to said Series 2009B/C/D/E Bonds; approve the form and authorizing the execution of a Bond Purchase Agreement and certain other Agreements in connection with said Series 2009B/C/D/E Bonds; authorize and approve the preparation, use and distribution of a Final Official Statement in connection with the offer and sale of said Series 2009B/C/D/E Bonds; [set forth the terms and covenants associated with a Municipal Bond Insurance Policy related to said Series 2009B/C/D/E Bonds]; provide an effective date; and for other related purposes.  (Held 7/29/09 by the Committee for further review.)

09O1379(41)           An Ordinance by Councilmembers Howard Shook and Clair Muller for the Series 2009A Supplemental Bond Ordinance Supplementing and Amending that certain Thirteenth Supplemental Bond Ordinance of the City of Atlanta Adopted on July 6, 2009, to, among other things, set forth the terms of the Airport General Revenue Bonds, Series 2009A, including the Aggregate Principal Amount, Interest Rates, Maturity Amounts, Maturity Dates, Redemption Provisions and Debt Service Reserve Requirement with respect thereto; ratify certain prior actions of the City Council and certain officers and agents of the City with respect to the issuance and sale of the Series 2009A Bonds; designate the Underwriters and Bond Counsel with respect to said Series 2009A Bonds; approve the form and authorizing the execution of a Bond Purchase Agreement and certain other Agreements in connection with said Series 2009A Bonds; authorize and approve the preparation, use and distribution of a Final Official Statement in connection with the offer and sale of said Series 2009A Bonds; [set forth the terms and covenants associated with a Municipal Bond Insurance Policy related to said Series 2009A Bonds]; provide an effective date; and for other related purposes.  (Held 7/29/09 by the Committee for further review.)

09O1381(42)           An Ordinance by Councilmember Anne Fauver transferring Funds from the District 6 Councilmember Expense Accounts to various Community Service and Non-Profit Organizations for the betterment of Council District 6; and for other purposes.  (Held 7/29/09 at the request of the author for further review.)

MEMBERS PRESENT:  MOORE, MULLER, MADDOX & WINSLOW

COMMITTEE ON COUNCIL                                           FELICIA A. MOORE, CHAIR

COMMUNICATIONS

09C0644( 1)            A Communication by Mayor Shirley Franklin re-appointing Ms. Dedra F. Evans to serve as a member on the Eastside Tax Allocation District (TAD) Neighborhood Advisory Board in the NPU-M category for the City of Atlanta.  This re-appointment is for a term of two (2) years, beginning retroactively on October 2, 2008 and expiring October 2, 2010.  (Favorable by Community Development/Human Resources Committee 7/28/09.)

09C1205( 2)            A Communication from President & CEO Leona Barr-Davenport, Atlanta Business League, to President Lisa M. Borders and Members of Council submitting the Atlanta Business League’s re-appointment of Mr. Owen Montague to serve as a member of the Atlanta Citizen Review Board.  This re-appointment is for a term of three (3) years, retroactive to June 04, 2009 and expires June 04, 2012.  (Favorable by Public Safety & Legal Administration Committee 7/28/09.)

09C1209( 3)            A Communication by Mayor Shirley Franklin re-appointing Ms. Ola W. Reynolds to serve as a member of the Perry/Bolton Tax Allocation District (TAD) Neighborhood Advisory Committee in the NPU-G category on behalf of the City of Atlanta.  This re-appointment is for a term of one (1) year, to begin retroactively on March 07, 2009 and to expire March 7, 2010.  (Favorable by Community Development/Human Resources Committee 7/28/09.)

ORDINANCES FOR SECOND READING

09O1311( 1)            An Ordinance by Committee on Council to amend Chapter 114, (Personnel), Article I, (In General), Section 114-2 (g), (Standards of Conduct Prescribed; Penalty for Violation), of the Code of Ordinances of the City of Atlanta, Georgia, so as to include any member or officer of a Commission, Council or Board appointed by an Elected Official or Officials of the City and to clarify the date upon which the resignation of any such member or officer shall be effective; to waive conflicting ordinances; and for other purposes.

09O1382( 2)            An Ordinance by Councilmember Felicia A. Moore to amend the 2001 City of Atlanta Precincts and Polling Places in Precincts 9K, 9N and 7B as a result of combined and/or abolished Precincts; and for other purposes.

PAPER HELD IN COMMITTEE

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.  (Held 7/20/09 by the Committee for further review and discussion.)

MEMBERS PRESENT:

CITY UTILITIES COMMITTEE CEASAR C. MITCHELL, VICE-CHAIR

ORDINANCES FOR SECOND READING

09O1223( 1)            An Ordinance by City Utilities Committee authorizing the Mayor to execute a Franchise Agreement between the City of Atlanta and Comcast of Georgia/Virginia, Inc., for the purpose of renewing the Cable Franchise granted for the construction, reconstruction, operation and maintenance of a Cable Communications System within the City; and for other purposes.  (Advertised for a Public Hearing 8/31/09 at 6:00 p.m. in the Council Chambers)

FAVORABLE - 2^ND READING, 1^ST ADOPTION

09O1371( 2)            An Ordinance by Councilmember Ceasar C. Mitchell to waive the requirements of Section 138-24(b)(2) of the City of Atlanta Code of Ordinances so as to permit the entry into an encroachment agreement by and between the City of Atlanta and the Trumpet Awards Foundation, Inc., and to authorize the Mayor or her designee to enter into said encroachment agreement, said agreement to allow for the installation of granite markers to be installed into the public sidewalk to become a part of the Civil Rights Walk of Fame within the public right-of-way; and for other purposes.

(Councilmember Young made a motion to approve on condition.)

FAVORABLE ON CONDITION

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.)

09O1222(22)           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.  (Held 7/28/09, for further discussion alone with the other related legislations.)

09R1314(23)           A Resolution by City Utilities Committee authorizing the Mayor to enter into an appropriate contractual agreement with Camken Reynolds, LLC, for FC-4752 Consent Decree Sanitary Sewer Evaluation Survey, Sewer Groups 5 & 6 Contract B, on behalf of the Department of Watershed Management, in an amount not to exceed $13,888,012.80; that all contracted work shall be charged to and paid from Project Award Task Expenditure Organization and Account Number                                                and Fund Department Organization and Account Number                                                ; and for other purposes.  (Held 7/28/09 at request of the Department of Watershed.)

09R1315(24)           A Resolution by City Utilities Committee authorizing the Mayor to enter into an appropriate contractual agreement with Compliance EnviroSystems, LLC, for FC-4751 Consent Decree Sanitary Sewer Evaluation Survey, Sewer Groups 5 & 6 Contract A, on behalf of the Department of Watershed Management, in an amount not to exceed $14,676,113.00; that all contracted work shall be charged to and paid from Project Award Task Expenditure Organization and Account Number                                         and Fund Department Organization and Account Number                                         ; and for other purposes.  (Held 7/28/09 at request of the Department of Watershed.)

09R1317(25)           A Resolution by City Utilities Committee authorizing the Mayor or her designee to enter into an agreement between the City of Atlanta and the Park Central Condominium Association, Inc., to allow for the erection of decorative, iron fencing within the public right-of-way; and for other purposes.  (Held 7/28/09 at request of the Department of Public Works.)

09O1374(26)           An Ordinance by Councilmember Ivory L. Young, Jr. to rename Kennedy Street, NW from Gray Street to Oliver Street to Alexander Street; to waive Section 138-8(c) of the Code Ordinances of the City of Atlanta; and for other purposes.  (To be advertised for a Public Hearing.) (Held 7/28/09 for a public hearing.)

MEMBERS PRESENT:  MITCHELL, MULLER, YOUNG, ARCHIBONG & SHEPERD

COMMUNITY DEVELOPMENT/ HUMAN RESOURCES COMMITTEE                           JIM MADDOX, CHAIR

RESOLUTION

09R1377( 1)            A Resolution by Councilmember Joyce Sheperd authorizing the Bureau of Planning to change the lot dimensions on the City of Atlanta Cadastral Map for an improved legal, non-conforming lot at 2179 Lang Drive; and for other purposes.

FAVORABLE ON CONDITION

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)

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

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

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

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

NPU-L                                                            Council

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

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

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

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

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

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

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

NPU-F                                                Council District

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

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

NPU-B                                                Council District 7

09O0130(24)           An Amended Ordinance by Community

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

Committee 3/10/09) (Referred back by Council 3/16/09) (Held 3/31/09)

09C0635(25)           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)

09O0854(26)           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(27)           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(28)           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)

09C1089(29)           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(30)           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)

09O1120(31)           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)

09R1124(32)             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)

09C1369 (33)           A Communication by Council President Lisa M. Borders re-appointing Mr. Robin C. Loudermilk, Jr. to serve on the Buckhead Community Improvement District Board.  This appointment is for a term of four (4) years, scheduled to begin on the date of Council confirmation.  (Held 07/28/09) (Held to allow appointee opportunity to come before the Committee)

09O1233(34)           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 held on 7/23/09) (Held 7/28/09) (Held at the request of the department)

09R1322(35)           A Resolution by Community Development/Human Resources Committee authorizing the Mayor on behalf of the Department of Planning and Community Development, Bureau of Housing, to enter into a Housing Assistance Payments Contract with Teresa C. Mitchell, for one year in an amount not to exceed $389,485.00, in order to pay rental subsidies and utility allowances on behalf of 53 low income families at Arcadia Downs Apartment, pursuant to the Section 8 Moderate Rehabilitation Program sponsored by the U.S. Department of Housing and Urban Development; all funds shall be charged to and paid from PTAEO 25200668 111 250130366 5239004 COA; and for other purposes.  (Held 7/29/09)

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