Note

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Order of Business for the Atlanta City Council

Tuesday, September 8, 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 5

11. Unfinished Business 5

12. Consent Agenda 6

13. Report of Standing Committees Committee Chairs Pages

Transportation Committee* Clair Muller 31

Zoning Committee Ivory L. Young, Jr. 32

Finance/Executive Committee Howard Shook 37

Committee on Council** Felicia A. Moore 50

City Utilities Committee Carla Smith 51

Community Development/Human

Resources Committee* Jim Maddox 56

Public Safety and Legal

Administration Committee Cleta Winslow 63

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 17, 27, 39 & 49)

5. PROCLAMATIONS, COMMENDATIONS AND OTHER SPECIAL AWARDS

Councilmember Natalyn M. Archibong – proclamation being presented to:

Dr. Beverly L. Hall the Superintendent of Atlanta Public Schools

Councilmember Jim Maddox – proclamation being presented:

In Honor of Federative Republic of Brazil Independence Day

Councilmember C. T. Martin – proclamation being presented:

In Honor of Collier Heights Historic District

Councilmember Kwanza Hall – proclamation being presented:

In Honor of Ted’s Montana Grill Bison Stampede 5K

8. COMMUNICATIONS

09-C-1517 ( 1) A Communication from Mark Massey, Clerk to the Fulton County Board of Commissioners to Council President Lisa M. Borders submitting the Fulton County Board of Commissioners' appointment of Mr. Monty Bruell (Position 1) to serve as the County's representative on the BeltLine Tax Allocation District (TAD) Advisory Committee. This appointment is for a term of two (2) years to begin retroactive on January 1, 2009 and to expire on December 31, 2010.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

09-C-1518 ( 2) A Communication by City Auditor Leslie Ward submitting a Performance Audit report regarding the Department of Watershed Management’s back billing of July 2008 rate increase.

RECOMMENDATION TO FILE

09-C-1519 ( 3) A Communication by City Auditor Leslie Ward submitting a Performance Audit report regarding Aviation Terminal Leases.

RECOMMENDATION TO FILE

09-C-1520 ( 4) A Communication by Municipal Clerk Rhonda Dauphin Johnson submitting a report of administrative corrections made to previously adopted legislation between the Council's regular meeting dates of August 17, 2009 and September 08, 2009 to the Atlanta City Council in accordance with Section 2-275 of the Atlanta City Code of Ordinances. (09-O-0274; 09-R-0689)

RECOMMENDATION TO FILE

COMMUNICATIONS (CONT’D)

09-C-1521 ( 5) A Communication by Mayor Shirley Franklin appointing Mr. R. Roger Bhandari as City Attorney.

TO BE REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

09-C-1522 ( 6) A Communication by Mayor Shirley Franklin appointing Ms. Chandra G. Houston to serve as a member of the Atlanta Commission on Women on behalf of the City of Atlanta. This appointment is for a term of two (2) years; scheduled to begin on the date of Council confirmation.

TO BE REFERRED TO COMMITTEE ON COUNCIL

09-C-1523 ( 7) A Communication by Mayor Shirley Franklin appointing Mr. Marc G. Olsen to serve as a member of the Keep Atlanta Beautiful Board of Directors on behalf of the City of Atlanta. This appointment is for a term of two (2) years; scheduled to begin on the date of Council confirmation.

TO BE REFERRED TO CITY UTILITIES COMMITTEE

09-C-1524 ( 8) A Communication by Mayor Shirley Franklin appointing Ms. Yolanda West to serve as a Taxicabs and Vehicles for Hire Hearing Officer on behalf of the City of Atlanta. This appointment is for a term of two (2) years; scheduled to begin on the date of Council confirmation.

TO BE REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

09-C-1525 ( 9) A Communication by Mayor Shirley Franklin appointing Ms. Katrice T. Hatten to serve as a Taxicabs and Vehicles for Hire Hearing Officer on behalf of the City of Atlanta. This appointment is for a term of two (2) years; scheduled to begin on the date of Council confirmation.

TO BE REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

09-C-1526 (10) A Communication by Mayor Shirley Franklin appointing Ms. Danielle Roney to serve as a member of the Public Art Advisory Committee (PAAC) in the Artists and Curators Category on behalf of the City of Atlanta. This appointment is for a term of two (2) years and does not require Council confirmation.

RECOMMENDATION TO FILE

COMMUNICATIONS (CONT’D)

09-C-1527 (11) A Communication by Mayor Shirley Franklin appointing Mr. Bernard Vanderlande to serve as a member of the Public Art Advisory Committee (PAAC) in the Community Members Category on behalf of the City of Atlanta. This appointment is for a term of two (2) years and does not require Council confirmation.

RECOMMENDATION TO FILE

09-C-1528 (12) A Communication by Mayor Shirley Franklin appointing Mr. Uri Vaknin to serve as a member of the Public Art Advisory Committee (PAAC) in the Professionals from Related Fields Category on behalf of the City of Atlanta. This appointment is for a term of two (2) years and does not require Council confirmation.

RECOMMENDATION TO FILE

09-C-1529 (13) A Communication by Mayor Shirley Franklin appointing Ms. Annette Cone-Skelton to serve as a member of the Public Art Advisory Committee (PAAC) in the Professionals from Related Fields Category on behalf of the City of Atlanta. This appointment is for a term of two (2) years and does not require Council confirmation.

RECOMMENDATION TO FILE

09-C-1530 (14) A Communication by Mayor Shirley Franklin appointing Ms. Odetta MacLeish-White to serve as a member of the BeltLine Tax Allocation District Affordable Housing Advisory Board on behalf of the City of Atlanta. This appointment is for a term of two (2) years beginning retroactively on May 01, 2009.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

09-C-1531 (15) A Communication by Mayor Shirley Franklin appointing Mr. Thomas Wade to serve as a member of the BeltLine Tax Allocation District Affordable Housing Advisory Board on behalf of the City of Atlanta. This appointment is for a term of two (2) years beginning retroactively on May 01, 2009.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

10. CONSIDERATION OF VETOED LEGISLATION

09O1311( 1) A Substitute Ordinance by Committee on Council to amend Chapter 114, (Personnel), Article I, (In General), Section 114-2 (g), (Standards of Conduct Prescribed; Penalty for Violation), of the Code of Ordinances of the City of Atlanta, Georgia, so as to include any member or officer of a Commission, Council or Board 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.

ADOPTED BY COUNCIL ON AUGUST 17,2009 AND VETOED BY MAYOR SHIRLEY FRANKLIN ON AUGUST 25, 2009.

11. UNFINISHED BUSINESS

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

At the Regularly Scheduled meeting held August 17, 2009, Councilmember Willis made a motion to table Ordinance 09-O-0996 for a two-week time certain for the next Council Meeting to be held Tuesday, September 08, 2009. It was seconded by Councilmember Moore and carried by a roll call vote of 8 yeas; 3 nays.

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

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

TRANSPORTATION COMMITTEE - CLAIR MULLER, CHAIR

09O0544( 1) A Substitute (#2) Ordinance as amended by Transportation Committee amending Chapter 22, Article III, Division 7, Section 22-202 of the Code of Ordinances of the City of Atlanta, on behalf of the Department of Aviation Ground Transportation Division, for the purpose of restructuring and increasing the fees the City assesses the Airport’s Commercial Ground Transportation Operators; and for other purposes.

09O1404( 2) An Ordinance by Councilmember Anne Fauver to waive Section 150-207 (a) of the Code of Ordinances of the City of Atlanta to allow Roller Skating in the streets of Atlanta on October 11, 2009 for the 28^th Annual Athens to Atlanta Road Skate; and for other purposes.

FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR

09O1352( 3) 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.

09O1353( 4) A Substitute 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.

09O1403( 5) An Ordinance by Councilmember Anne Fauver as substituted by Finance/Executive Committee transferring funds from the District 6 Councilmember Expense Accounts to fund a portion of cost associated with extension of the Welborne Road and Lenox Road Trailheads to the planned South Fork Peachtree Creek Bridge; and for other purposes.

09O1407( 6) An Ordinance by Councilmember Howard Shook submitting the First Amendment to the Fourteenth Supplemental Bond Ordinance supplementing the Restated and Amended Master Bond Ordinance of the City of Atlanta adopted on March 20, 2000 (99-O-1896), as previously amended and supplemented, particularly as amended and supplemented by the Fourteenth Supplemental Bond Ordinance adopted on July 6, 2009 (09-O-1099); to modify the prior Sub-Series Designations provided for in the Fourteenth Supplemental Bond Ordinance so as to provide for the issuance of Airport General Revenue Bonds Series 2009B (The “Series 2009B Bonds”) and to provide for the issuance of Airport Passenger Facility Charge and Subordinate Lien General Revenue Bonds Series 2009C (The “Series 2009C Bonds”, together with the Series 2009B Bonds, The “Series 2009B/C Bonds”) in the combined Aggregate Principal Amount of not to exceed $800,000,000.00; to amend the Debt Service Reserve Requirement for Passenger Facility Charge and Subordinate Lien General Revenue Bonds; and for other purposes.

09O1410( 7) An Ordinance by Councilmembers Natalyn Archibong and Carla Smith as substituted and amended by Finance/Executive Committee authorizing the establishment of the Division of Sustainability in the Department of The Executive Offices, to amend Chapter 114, Personnel, Article “V”, Classification Plan of the Code of Ordinances, City of Atlanta, Georgia, so as to create positions, and provide for certain positions above entry hiring authorization; and for other purposes.

09O1411( 8) An Ordinance by Councilmembers Natalyn Archibong, Carla Smith and Cleta Winslow as substituted by Finance/Executive Committee amending the 2009 (Intergovernmental Grant Fund) Budget, Department of Executive Offices, by adding to anticipations and appropriations in the amount of $231,936.00 for the Energy Efficiency and Conservation Block Formula Grant from the United States Department of Energy, for the purpose of funding the Division of Sustainability; and for other purposes.

CITY UTILITIES COMMITTEE - CARLA SMITH, CHAIR

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

09O1313(10) 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.

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR

09O1001(11) 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.

09O1120(12) A Substitute 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; correcting project allocations under the Homeless Prevention and Rapid Re-Housing Program (HPRP) in Ordinance 09-O-1121, Adopted by City Council on August 17, 2009 and Approved by the Mayor on August 25, 2009; and for other purposes.

09O1319(13) 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 Southbend Park; said area is to be maintained by the friends of Southbend 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 Southbend Park; and to name this area the “Southbend Dog Park”, on behalf of the Department of Parks, Recreation and Cultural Affairs; and for other purposes.

09O1321(14) 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.

09O1408(15) An Ordinance by Councilmember Kwanza Hall as substituted by Community Development/Human Resources Committee to impose Interim Controls on Building Permits and Demolition Permits within the Poncey-Highland Neighborhood until the Poncey-Highland Neighborhood Master Plan is completed and adopted; and for other purposes.

PUBLIC SAFETY AND LEGALADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

09O1349(16) 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.

RESOLUTIONS

TRANSPORTATION COMMITTEE - CLAIR MULLER, CHAIR

09R1419( 1) A Resolution by Transportation Committee approving the initial five year compensation amount for Project Number FC-7692-04, CONRAC Automated People Mover System Operations and Maintenance-Phase 2, with the Sumitomo/Mitsubishi Team, at Hartsfield-Jackson Atlanta International Airport in an amount not to exceed $25,500,000.00 to be charged to and paid from FDOA 5501 (Airport Revenue Fund) 180602 (DOA CONRAC APM) 5213001 (Consulting/Professional Serv) 7563000 (Airport) 000000 (Default) 00000 (Default) 0000 (Default) 00000000 (Default) 00000000 (Default); and for other purposes.

09R1420( 2) A Resolution by Transportation Committee authorizing the Mayor to execute Renewal Agreement No. 4 with AlliedBarton Security Services, LLC for FC-3005007858, Gate Guard Security Services, on behalf of the Department of Aviation, in an amount not to exceed $3,500,000.00; all contracted services will be charged to and paid from FDOA 5501 (Airport Revenue Fund) 180313 (Aviation Security) 5212001 (Consulting/Professional Services) 7563000 (Airport); and for other purposes.

09R1421( 3) A Resolution by Transportation Committee authorizing the Mayor to enter into a Reimbursable Agreement with the Federal Aviation Administration (“FAA”) for reimbursement by the City of Atlanta of the costs incurred to remove, store and reinstall the Airport Surveillance Detection Equipment (ASDE) Remote Unit #12 Sensor at Aircraft Rescue and Fire Fighting (ARFF) Facility #32 at Hartsfield-Jackson Atlanta International Airport, in an amount not to exceed $55,000.00; all contracted work will be paid from PATEO 18101691 (E0405 Station #40) 101 (R21E04059999) 550591336 (DOA PFC Revenue 96AA) 5413002 (Building Improvements) FDOA 5505 (Airport Passenger Facility Charge Fund) 180201 (DOA Aviation Planning & Development) 54130029 (Building Improvements) 7563000 (Airport) 101691 (E0405 Station #40) 91336 (DOA PFC Revenue 96AA). 0000 (Default) 00000000 (Default) 00000000 (Default); and for other purposes.

09R1422( 4) A Resolution by Transportation Committee authorizing the Mayor to execute a Reimbursable Agreement with the Atlanta Airlines Terminal Corporation for the Concourse B Electrical Equipment Renovation, at a cost to the City not to exceed $8,995,443.00, to be charged to and paid from PTAEO 18102503 (Concourse B Cosmetic Upgrade (AMT)) 101 (R21E012893CP) 550921372 (DOA 2004 F G I Rev 93CP) 5414002 (Facilities other than Bldgs/Infrastructure-CIP) and FDOA 5509 (2004 Airport Revenue Bond Fund F-K) 180201 (DOA Aviation Capital Planning & Development) 5414002 (Facilities other than Bldgs/Infrastructure-CIP) 7563000 (Airport) 102503 (Concourse B Cosmetic Upgrade (AMT)) 21372 (DOA 2004 F G I Rev 93CP) 0000 (Default) 00000000 (Default) 00000000 (Default).

09R1423( 5) 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 $1,400,000.00 to upgrade the Airport’s current Analog CCTV to an IP Addressable CCTV System. All services will be charged to and paid from PTAEO 18101352 (E0124 Terminal Improvements) 101 (R21E01249999) 550291249 (DOA RNE 9999) 5414002 (Facilities not Bldg/Infrastructure-CIP) and FDOA 5502 (Airport Renewal & Extension Fund) 180201 (DOA Aviation Planning & Development) 5414002 (Facilities not Bldg/Infrastructure-CIP) 7563000 (Airport) 101352 (E0124 Terminal Improvements) 91249 (DOA RNE 9999) 0000 (Default) 00000000 (Default) 00000000 (Default).

09R1424( 6) A Resolution by Transportation Committee authorizing the Mayor to execute an Agreement and Lease covering approximately 235 square feet of space at Hartsfield-Jackson Atlanta International Airport with Initial Contract Services, Inc.; and for other purposes.

FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR

09R1427( 7) A Resolution by Finance/Executive Committee authorizing the Chief Procurement Officer to utilize GSA Contract #GS-07F-0538M to purchase the Hybrid Wireless Remote Radio Control Assembly System, 39L x 24W (IN) System used with the Remotec Bomb Robots on behalf of the Department of Aviation, Police Department/Canine Unit in an amount not to exceed $56,540.00. All purchases will be charged to and paid from FDOA 5502 (Airport Renewal and Extension Fund), 180107 (DOA Aviation Information Systems), 5424003 (Computers $5,000.00+), 7563000 (Airport); and for other purposes.

09R1428( 8) An Amended 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 the State of Georgia Contract #SW070764 with Dell Marketing L.P., for the purchase of consulting services to optimize the City of Atlanta’s Virtual Server Environment on behalf of the Department of Information Technology in an amount not to exceed $38,537.22; all contracted work shall be charged to and paid from Fund, Department Organization and Account Number 1001 (General Fund) 050211 (IT Network) 5213001 (Consulting/Professional Services (Technical)) 1535000 (Data Processing/Management Information System); and for other purposes.

09R1504( 9) A Resolution by Finance/Executive Committee authorizing the Chief Financial Officer to refund $29,946.30 to Origen Partners, Inc., for an overpayment of Business License Fees to the City of Atlanta.

09R1505(10) A Substitute Resolution by Finance/Executive Committee authorizing the Mayor or her designee to execute a Contract for FC-4972 on behalf of the Department of Finance with Iron Mountain for the purpose of providing for the Removal of all Records from City Hall East and to Store the City’s Records in Accordance with the Various Approved Retention Schedules in an amount not to exceed $235,000.00 to be charged to and paid from 1001 (General Fund) 100304 (NDP Records Management) 5212001 (Consultant/Professional Services) 1580000 (Office of Records Management); and for other purposes.

09R1506(11) An Amended Resolution by Finance/Executive Committee authorizing the Mayor to enter into an appropriate Contractual Agreement with Segal Company, pursuant to the Special Procurement Provisions contained in Chapter 2, Article X, Division 4, Section 2-1191.1 of the Procurement and Real Estate Code, of the City of Atlanta Code of Ordinances, on behalf of the Department of Finance for Consulting Services for the City of Atlanta Pension Funds (General, Police Officers, and Firefighters) for a period of (1) year, 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) 200101 (Non-Departmental) 5212001 (Consulting/Professional Service) 1512000 (Accounting); and for other purposes.

09R1507(12) A Substitute Resolution by Finance/Executive Committee authorizing the Mayor or her designee to enter into a Cooperative Purchasing Agreement pursuant to Section 2-1601 et seq. of the City of Atlanta Code of Ordinances, utilizing the GSA Contract #GS-35F-0823M with Productive Corporation, an authorized reseller for Computer Associates, for Upgrade of Internet Security Licenses and Maintenance and Support on behalf of the Department of Information Technology in an amount not to exceed $28,350.00; all contracted work shall be charged to and paid from Fund, Department Organization and Account Number 1001 (General Fund) 050202 (IT Applications) 5410001 (Consulting/Professional Services-Capital) 1535000 (Data Processing/Management Information System); and for other purposes.

09R1508(13) A 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 the GSA Contract #GS-35F-0892R with ClearCube Technology, an authorized reseller for Summit Government Group, LLC, for E-911 Virtual Desktop Computing Solution Hardware Maintenance and Support on behalf of the Department of Information Technology in an amount not to exceed $23,244.00; all contracted work shall be charged to and paid from Fund, Department Organization and Account Number 2151 (Emergency Telephone System) 240207 (APD-E911) 5213001 (Consulting/Professional Services-Technical) 3800000 (E911); and for other purposes.

09R1509(14) A Substitute Resolution by Finance/Executive Committee authorizing the Mayor to execute a Sole Source Purchase with Teledyne ISCO, Inc., for Flow Metering Equipment on behalf of the Department of Watershed Management, in an amount not to exceed $673,164.00; all contracted work shall be charged to and paid from the listed Fund, Department Organization and Account Numbers in the following amounts: $606,500.00 - 5051 (Water & Wastewater Revenue Fund) 170603 (DWM Industrial Wastewater Monitoring) 5316001 (Equipment $1,000.00-$4,999.00) 7210000 (Protective Inspection Administration); $66,664.00 - 5051 (Water & Wastewater Revenue Fund) 170603 (DWM Industrial Wastewater Monitoring) 5316002 (Equipment $0.00-$999.00) 7210000 (Protective Inspection Administration); and for other purposes.

CITY UTILITIES COMMITTEE - CARLA SMITH, CHAIR

09R0935(15) A Substitute Resolution by City Utilities Committee authorizing the Mayor to enter into an agreement with Instituform Technologies, Inc., for FC-4993, Sewer Groups II Rehabilitation Cured-In-Place Pipe, Contract D, on behalf of the Department of Watershed Management, in an amount not to exceed $7,697,227.50 all contracted work shall be charged to and paid from Project, Award, Task, Expenditure and Organization Number and Fund, Department Organization and Account Numbers listed; and for other purposes.

09R0936(16) A Substitute Resolution by City Utilities Committee authorizing the Mayor to enter into an agreement with Instituform Technologies, Inc., for FC-4994 Sewer Groups II Rehabilitation Cured-In-Place Pipe, Contract E, on behalf of the Department of Watershed Management, in an amount not to exceed $7,986,761.60; all contracted work shall be charged to and paid from Fund, Department and Account Number Project, Award, Task, Expenditure and Organization Number and Fund, Department Organization and Account Numbers listed; and for other purposes.

09R1232(17) An Amended Resolution by City Utilities Committee authorizing the Mayor to execute an agreement with People TV, Inc. to operate public access on the Cable System in the City Atlanta; for the purpose of providing funding for public access; and for other purposes.

09R1314(18) A Substitute 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 Project, Award, Task, Expenditure and Organization Number and Fund, Department Organization and Account Numbers listed; and for other purposes.

09R1315(19) 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 Project, Award, Task, Expenditure and Organization Number and Fund, Department Organization and Account Numbers listed; and for other purposes.

09R1495(20) A Substitute Resolution by City Utilities Committee correcting Resolution Number 09-R-0670 adopted by the City Council on May 4, 2009 and approved by the Mayor on May 12, 2009 by deleting incorrect Fund Activity Code and Description and inserting in lieu thereof the correct Function Activity Code and Description; and for other purposes.

09R1496(21) A Resolution by City Utilities Committee to correct Resolution Number 09-R-0941 adopted by the City Council on June 1, 2009 and approved by the Mayor on June 9, 2009 by deleting incorrect language of “time-only” and inserting in lieu thereof $9,500,000.00; and for other purposes.

09R1497(22) A Resolution by City Utilities Committee to correct Resolution Number 09-R-0942 adopted by the City Council on June 1, 2009 and approved by the Mayor on June 9, 2009 by deleting incorrect Department Organization and Expenditure Number and Description and inserting in lieu thereof the correct Department Organization and Expenditure Number and Description; and for other purposes.

09R1498(23) An Amended Resolution by City Utilities Committee authorizing the Mayor to enter into an appropriate agreement with Decanter Machine, Inc., for FC-4939, Annual Contract for Centrifuge Repair and Maintenance, on behalf of the Department of Watershed Management in an amount not to exceed $272,000.00; all services contracted for the said work for the base term of the agreement shall be charged to and paid from the listed Fund, Department and Organization Numbers; and for other purposes.

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR

09R1124(24) 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.

09R1514(25) A Resolution by Community Development/Human Resources

*** Committee authorizing the Mayor to enter into various Contractual agreements for the implementation of projects under Community Development Block Grant-Recovery (CDBG-R) of the American Recovery and Reinvestment Act (ARRA) of 2009; and for other purposes.

PUBLIC SAFETY AND LEGALADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

09R1348(26) 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.

09R1418(27) A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor or her designee to apply for and accept a $172,020.00 grant from the Governor’s Office of Highway Safety Fund for the purpose of funding the Car Seat Fitting Station Program developed by the Atlanta Fire and Rescue Department; and for other purposes.

Claims with favorable recommendations:

09-R-1429 ( 1) Claim of Juanita F. Greene, for property damages alleged to have been sustained from a rehabilitation project from December 2002 through October 7, 2007 at 599 Rockwell Street, SW. $17,581.95

09-R-1430 ( 2) Claim of Tyrus D. Woods, through his attorney, Bruce A. Hagen, P. C., Attorney at Law, for bodily injuries alleged to have been sustained due to an automobile accident on December 13, 2008 at 1959 Metropolitan Parkway, SW. $12,000.00

09-R-1431 ( 3) Claim of 39 West Wesley Holders, LLC, c/o Simon R. Foster, for property damages alleged to have been sustained when a tree fell and damaged landscaping and a retaining wall on March 28, 2009 at 39 West Wesley Drive, NE. $5,281.20

09-R-1432 ( 4) Claim of Collington Scott, for damages alleged to have been sustained as a result of a vehicular accident on June 4, 2009 at Ponce de Leon Avenue and Peachtree Street. $4,325.59

09-R-1433 ( 5) Claim of William F. Mabe, Attorney at Law, for bodily injuries alleged to have been sustained from stepping into an in-ground garbage receptacle holder on January 22, 2009 at Peachtree Street and Wall Street. $3,007.00

09-R-1434 ( 6) Claim of Atlanta Gas Light Company, for damages alleged to have been sustained during the repair of a service lateral on April 28, 2009 at 218 Harper Road, SE. $2,883.21

09-R-1435 ( 7) Claim of Carrie Brown-Willis, for damages alleged to have been sustained as a result of striking a construction cut on March 27, 2009 at 1103 Custer Avenue, SE. $2,118.64

09-R-1436 ( 8) Claim of State Farm Insurance Companies, as subrogee of Anthony Taylor, for damages alleged to have been sustained as a result of an automobile accident at Ralph David Abernathy Boulevard and Cooper Street on February 24, 2009. $2,030.75

09-R-1437 ( 9) Claim of Cortney Thomas, for vehicle damages alleged to have been sustained as a result of a raised manhole on February 21, 2009 at Moury Avenue and Thirkeld Avenue. $1,893.20

09-R-1438 (10) Claim of Allstate Insurance Company, as subrogee of Trevor Hosch, through his attorney, Edward M. Harris, for damages alleged to have been sustained as a result of a vehicular accident on July 23, 2008 at 321 10^th Street. $1,525.75

09-R-1439 (11) Claim of Todd Levin, for damages alleged to have been sustained as a result of striking a pothole on March 3, 2009 at 469 10^th Street. $1,500.00

09-R-1440 (12) Claim of Nationwide Insurance Company, as subrogee of Kathryn Knoop and Travis Knoop, for damages alleged to have been sustained as a result of a vehicular accident on February 16, 2009 at Cascade Avenue at West Haven Drive. $1,458.94

09-R-1441 (13) Claim of State Farm Insurance Company, as subrogee of Moshe Williams, for damages alleged to have been sustained as a result of a vehicular accident on May 10, 2009 at Interstate 20 at the Joseph E. Lowery Boulevard exit ramp. $1,431.70

09-R-1442 (14) Claim of Veronica J. and Michael E. Gerald, for damages alleged to have been sustained as a result of an automobile accident on May 14, 2009 at 351 Autumn Lane, SW. $1,413.90

09-R-1443 (15) Claim of Lia Hamilton, for damages alleged to have been sustained as a result of striking an unsecured manhole lid on May 26, 2009 at 1100 Harwell Road, NW. $1,300.00

09-R-1444 (16) Claim of C. Dawn Woods, for damages alleged to have been sustained as a result of a vehicular accident on January 21, 2009 at Northside Drive and Bellemeade Avenue. $1,255.93

09-R-1445 (17) Claim of Louis Siegel, for property damages alleged to have sustained when roof gutters were destroyed by a City garbage truck during a back yard pickup on May 12, 2009 at 1665 Wildwood Road, NE. $1,175.00

09-R-1446 (18) Claim of Robert Denson, for vehicular damages alleged to have been sustained from driving over a pothole on May 6, 2009 at Howell Mill Road and West Wesley Drive. $1,118.00

09-R-1447 (19) Claim of Anthony Gilliam, for damages alleged to have been sustained as a result of striking an unsecured manhole lid on March 10, 2009 at 1097 Harwell Road, NW. $1,000.00

09-R-1448 (20) Claim of Shashank Banerjea, for damages alleged to have been sustained as a result of an automobile accident on April 22, 2009 at 30 Marietta Street. $991.82

09-R-1449 (21) Claim of Phillip E. Reece, for damages alleged to have been sustained as a result of an automobile accident on June 11, 2009 at 3021 Middleton Road, NW. $978.08

09-R-1450 (22) Claim of Brian Robinson for vehicular damages alleged to have been sustained from a pothole on April 10, 2009 at Martin Luther King, Jr. Drive, NW and Bolton Road, NW. $967.68

09-R-1451 (23) Claim of State Farm Insurance Companies, as subrogee of Raymond Tatum, for damages alleged to have been sustained as a result of an automobile accident due to a water main break on November 21, 2008 at Sawtell Avenue and Richmond Avenue. $890.66

09-R-1452 (24) Claim of Deairrone Martin, for vehicular damages alleged to have been sustained from driving over a pothole in the road on March 24, 2009 at Cleveland Avenue and Jonesboro Road, SW. $769.52

Claims with unfavorable recommendations:

09-R-1453 (25) Claim of Nyyokokie Hendly, for vehicular damages alleged to have been sustained from driving through a road-striping project on May 22, 2009 at 1840 Campbellton Road, SW.

09-R-1454 (26) Claim of Willie E. Bowden, Jr., for vehicular damages alleged to have been sustained from driving over a pothole in the road on May 8, 2009 at Highway 166 and Barge Road (3571 Campbellton Road).

09-R-1455 (27) Claim of Craig M. Davis, for vehicular damages alleged to have been sustained from driving over a pothole in the road on June 14, 2009 on Highpoint Road, SW (Gwinnett County).

09-R-1456 (28) Claim of Willie Brown, through his attorney, Michael Moran, for damages alleged to have been sustained as a result of an automobile accident on September 4, 2007 at Metropolitan Parkway at Ralph D. Abernathy Boulevard.

09-R-1457 (29) Claim of Ezekiel Kennedy, for damages alleged to have been sustained as a result of an automobile accident on February 22, 2008 at 1382 Childress Drive.

09-R-1458 (30) Claim of GEICO, as subrogee of Chadderick Evans, for damages alleged to have been sustained as a result of an automobile accident on March 13, 2008 at Murray Hill Avenue.

09-R-1459 (31) Claim of Donna Holloway, through her attorney, David Lewis, for damages alleged to have been sustained as a result of an uncovered electrical box on May 31, 2008 at 285 Andrew Young International Boulevard, near entrance C.

09-R-1460 (32) Claim of Harrison Shullo, for vehicular damages alleged to have been sustained from driving over a construction site on May 20, 2009 at 800 Marietta Street, NW.

09-R-1461 (33) Claim of Kathleen L. Thomason-Jackson, for damages alleged to have been sustained as a result of a water meter leak between June 2007 and April 2008 at 7910 Campbellton Fairburn Road.

09-R-1462 (34) Claim of Marie Harris, for damages alleged to have been sustained as a result of a fallen tree on her property on June 8, 2009 at 2251 Penelope Street, NW.

09-R-1463 (35) Claim of Tara M. Harris, for damages alleged to have been sustained during a construction project on April 13, 2009 at 1184 Spring Street and 14^th Street.

09-R-1464 (36) Claim of Earla Campbell, for damages alleged to have been sustained as a result of striking metal plates on January 21, 2009 at 414 Ponce de Leon Avenue, NE.

09-R-1465 (37) Claim of Jason Swichtenberg, through his attorney, Bruce A. Hagen, Esq., for damages alleged to have been sustained when excessive force was used during an unlawful arrest on February 24, 2009 at West Peachtree Street and Boone.

09-R-1466 (38) Claim of Christopher M. Putman, through his attorney, James Lee Ford, Esq., for damages alleged to have been sustained when excessive force was used during an arrest on November 30, 2008 at 3180 Roswell Road, NE.

09-R-1467 (39) Claim of George Edelstein, for damages alleged to have been sustained as a result of a trip and fall on December 19, 2008 at Sutton Middle School, 4360 Powers Ferry Road.

09-R-1468 (40) Claim of Loumario Holmes, through his attorney, Hall Hirsh, LLC, for damages alleged to have been sustained when the City failed to release personal property on December 24, 2008 at 415 Armour Drive.

09-R-1469 (41) Claim of Tyron Clark for vehicular damages alleged to have been sustained from driving over a construction site that was left in an unsafe manner on May 10, 2009 at 979 Dill Avenue, SW.

09-R-1470 (42) Claim of Ruth Yardum, through her attorney, Megan Mathews Noble, Esq., Drew Eckl & Farnham, LLP, for damages alleged to have been sustained when the City failed to maintain access to Spink Street for an unspecified time at 2100 Spink Street.

09-R-1471 (43) Claim of Kimberly E. Bracey, through her attorney, Cary S. Wiggins, Esq., Cook, Youngelson & Wiggins, for damages alleged to have been sustained from an unlawful arrest on December 20, 2008 at 3102 Lenox Road, NE.

09-R-1472 (44) Claim of Quinetta Grant, through her attorney, Divida Gude, LLC, for bodily injuries alleged to have been sustained from a slip-and-fall incident on May 8, 2009 at Hartsfield-Jackson International Airport, 8700 Spine Road.

09-R-1473 (45) Claim of Babatunde Abdullah, for vehicular damages alleged to have been sustained when a traffic light fell from the intersection and struck a vehicle on June 26, 2009 at 1008 Cascade Avenue, SW.

09-R-1474 (46) Claim of Geofferay A. Baker, for damages alleged to have been sustained when a tree fell from City property and destroyed a vehicle on July 13, 2009 at 407 5^th Street, NE.

09-R-1475 (47) Claim of Heritage Square, Inc., through its attorney, Martin and Jones, for damages alleged to have been sustained as a result of storm water runoff on March 27, 2009 at 1300 Mayson Turner Drive.

09-R-1476 (48) Claim of Virginia Campello, through her attorney, J. Peter Cassidy, Esq., for bodily injuries alleged to have been sustained from a slip and fall incident on May 5, 2009 at Hartsfield-Jackson International Airport, 8700 Spine Road.

09-R-1477 (49) Claim of Charles L. and Betty J. Smith, for damages alleged to have been sustained as a result of an accident on May 21, 2009 at 938 Berne Street, SE.

09-R-1478 (50) Claim of GEICO, as subrogee of Sharon Crenchaw, for damages alleged to have been sustained as a result of an automobile accident on April 20, 2009 at 215 Pryor Street.

09-R-1479 (51) Claim of Marjorie Cohen, for damages alleged to have been sustained when a tree fell from City property on April 14, 2009 at 1347 Pasadena Avenue.

09-R-1480 (52) Claim of Alex Agbaere, through his attorney, Orlando P. Ojeda, Jr. Esq., The Ojeda Law Firm, LLC, for damages alleged to have been sustained from a false arrest and malicious arrest prosecution and negligence in 2006 or 2007 at Hartsfield-Jackson International Airport, 8700 Spine Road.

09-R-1481 (53) Claim of Vicki Daniels, through her attorney, Musa Dan-Fodio, for damages alleged to have been sustained while being transported during an arrest on September 13, 2007 at 400 Fairburn Road, SW.

09-R-1482 (54) Claim of Linda Walker, for damages alleged to have been sustained as a result of walking into an uncovered water meter on December 6, 2008 at 712 Pasley Avenue.

09-R-1483 (55) Claim of Ragner Reyes, for damages alleged to have been sustained during a construction project on April 01, 2009 at 1184 Spring Street and 14^th Street.

09-R-1484 (56) Claim of James Bennett, for damages alleged to have been sustained as a result of an automobile accident on October 8, 2008 at Pharr Road at Piedmont Road.

09-R-1485 (57) Claim of Meleia Whorley, for damages alleged to have been sustained as a result of striking a metal plate on December 23, 2008 at Rockbridge Road and Wynbrooke Parkway, Decatur.

09-R-1486 (58) Claim of Monique Watson and Terence Jones, for damages alleged to have been sustained as a result of striking an unsecured manhole lid on May 20, 2009 at 4511 Campbellton Road.

09-R-1487 (59) Claim of Sandra Day, for damages alleged to have been sustained as a result of an automobile accident on April 21, 2009 at Central Avenue, SW and Trinity Avenue, SW.

09-R-1488 (60) Claim of Erik Bloom, for damages alleged to have been sustained as a result of striking a construction cut on June 21, 2009 at 3060 Peachtree Road and Buckhead Avenue.

09-R-1489 (61) Claim of GEICO, as subrogee of Shirley Arnold, for damages alleged to have been sustained as a result of an automobile accident on October 14, 2008 at Barge Road, SW and Fairburn Road, SW.

09-R-1490 (62) Claim of Hollis M. Wise, for damages alleged to have been sustained as a result of a trip and fall incident due to ice on the sidewalk on November 19, 2008 at 1201 Peachtree Street, NE.

09-R-1491 (63) Claim of Rodney L. Copeland, for vehicular damages alleged to have been sustained from driving over a pothole in the road on May 15, 2009 at Highway 166 and Barge Road (3571 Campbellton Road.)

09-R-1492 (64) Claim of Jerry Cross, through his attorney, Eric Ripper, for damages alleged to have been sustained as a result of an automobile accident on April 28, 2009 on Key Road.

09-R-1493 (65) Claim of Mark Slones, for vehicular damages alleged to have been sustained from driving over a pothole in the road on May 9, 2009 at Highway 166 and Barge Road (3571 Campbellton Road.)

CONSENT AGENDA SECTION II

ORDINANCES FOR FIRST READING

FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR

09O1425( 1) An Ordinance by Finance/Executive Committee authorizing the Mayor to waive the Source Selection Provisions contained in the City of Atlanta Code of Ordinances Article X Procurement and Real Estate Code; to authorize the Chief Financial Officer to remit payment of an outstanding invoice to CA, Inc. in an amount not to exceed $24,990.00. All invoices will be charged to and paid from FDOA 5501 (Airport Revenue Fund), Department 180107 (Department of Aviation, Aviation Information Services), 5212001 (Consulting/Professional Services), Functional Activity 7563000 (Airport); and for other purposes.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE

09O1426( 2) An Ordinance by Finance/Executive Committee authorizing the Mayor to waive the Source Selection Provisions contained in the City of Atlanta Code of Ordinances Article X Procurement and Real Estate Code; to authorize the Chief Financial Officer to remit payment of all outstanding invoices to International Business Machines Corporation (“IBM”) in an amount not to exceed $42,081.18. All invoices will be paid from and charged to FDOA 5501 (Airport Revenue Fund), Department 180107 (Department of Aviation, Aviation Information Services), 5212001 (Consulting/Professional Services), Functional Activity 7563000 (Airport); and for other purposes.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE

09O1503( 3) An Ordinance by Finance/Executive Committee to correct Ordinance Number 08-O-2294 adopted by the Atlanta City Council on January 5, 2009, and approved by the Mayor on January 13, 2009; and for other purposes.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE

09O1515( 4) An Ordinance by Finance/Executive Committee to anticipate

*** and appropriate revenue payments from Universal Tennis Academy for FC-4944 Special Procurement for Management and Operations of various Tennis Centers in the amount of $30,000.00 for Capital Improvements to the Tennis Centers named herein; to anticipate and appropriate excess revenue payments as calculated below to be placed in Trust Accounts for Camp Best Friends and the Trust Accounts for the Centers which generated the excess revenue in the amounts indicated herein; and for other purposes.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE

CITY UTILITIES COMMITTEE - CARLA SMITH, CHAIR

09O1494( 5) An Ordinance by City Utilities Committee authorizing the Chief Financial Officer to amend the FY 2010 Budget (Water and Wastewater Renewal and Extension Fund-5052) in the amount of $4,000,000.00 to transfer funds from the Surcharge Projects Reserve for Appropriations; to add to appropriation funds for the Hemphill Finished Water Pump Station Project; and for other purposes.

TO BE REFERRED TO CITY UTILITIES COMMITTEE

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR

09O1395( 6) An Ordinance by Community Development/Human

CDP-09-28 Resources Committee to amend the Land Use Element of the 2008 Atlanta Comprehensive Development Plan (CDP) so as to re-designate property that is located at 1527-1611 Perry Boulevard from the “Industrial” Land Use Designation to the “Medium Density Residential” Land Use Designation (Z-09-21); and for other purposes.

NPU-G Council District 9

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

09O1396( 7) An Ordinance by Community Development/Human

CDP-09-31 Resources Committee to amend the Land Use Element of the 2008 Atlanta Comprehensive Development Plan (CDP) so as to re-designate properties located in the Cleveland Avenue Corridor Plan from “Various” Land Use Designations to “Various” Land Use Designations; and for other purposes.

NPUs X & Z Council District 12

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

09O1413( 8) An Ordinance by Community Development/Human Resources Committee to create the “692 Kirkwood Avenue Mixed-Use Commercial Residential Urban Enterprise Zones”, located at 692 Kirkwood Avenue, District 5, City of Atlanta, Land Lot 20, Parcel Number 14-0020-0005-049-9, as identified in Exhibit “A” attached hereto; to provide notification to affected Governmental Entities; and for other purposes.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

09O1414( 9) An Ordinance by Community Development/Human Resources Committee to create the “Vertical Properties Commercial Urban Enterprise Zone”, located at 1599 Memorial Drive, in the 15^th District, Land Lot 178, of DeKalb County, Parcel Number 15-178-04-006, as identified in Exhibit “A” attached hereto; to provide notification to affected governmental entities; and for other purposes.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

09O1416(10) An Ordinance by Community Development/Human

CDP-09-30 Resources Committee to adopt the Cleveland Avenue Corridor Plan and to amend the City of Atlanta 2008 Comprehensive Development Plan (CDP) so as to incorporate the Cleveland Avenue Corridor Plan; and for other purposes.

NPUs X & Z Council District 12

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

09O1415(11) An Ordinance by Community Development/Human Resources Committee authorizing the Mayor to accept and sign a Grant Agreement for the 2009 Brownfield Revolving Loan Fund Grant Program in the amount of $1,000,000.00; amending the 2010 (Intergovernmental Grant Fund) Budget by adding to anticipations and appropriations in the amount of $1,000,000.00; and for other purposes.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

09O1500(12) An Ordinance by Community Development/Human Resources Committee amending the 2009 (Job Training Fund) Budget, Atlanta Workforce Development Agency, by adding to anticipations and appropriations in the amount of $976,998.00 in the Workforce Investment Act Dislocated Worker Fund, from the Georgia Department of Labor, to provide job training and other skills to local dislocated workers; and for other purposes.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

09O1501(13) An Ordinance by Community Development/Human Resources Committee amending the 2009 (Job Training Fund) Budget, Atlanta Workforce Development Agency, by adding to anticipations and appropriations in the amount of $1,851,432.00 in the Workforce Investment Act Adult Fund, from the Georgia Department of Labor, to provide job training and other skills to local adults; and for other purposes.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

09O1502(14) An Ordinance by Community Development/Human Resources Committee amending the 2009 (Job Training Fund) Budget, Atlanta Workforce Development Agency, by adding to anticipations and appropriations in the amount of $2,071,211.00 in the Workforce Investment Act Youth Fund, from the Georgia Department of Labor, to provide job training and other skills to area youth; and for other purposes.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

09O1417(15) An Ordinance by Public Safety and Legal Administration Committee authorizing the Mayor or her designee to add to anticipations and appropriations funds from Wachovia Bank on behalf of the Atlanta Fire and Rescue Department in the amount of $438,843.00 for the purpose of supporting the Mobile Data Computers and Automatic Vehicle Locators; and for other purposes.

TO BE REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

09O1499(16) An Ordinance by Public Safety and Legal Administration Committee amending the 2009 (Intergovernmental Grant Fund) Budget, by adding to anticipations and appropriations in the amount of $172,020.00 on behalf of the Atlanta Fire and Rescue Department for the purpose of funding the Car Seat Fitting Station Program developed by the Atlanta Fire and Rescue Department; and for other purposes.

TO BE REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

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.)

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

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

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

ZONING COMMITTEE IVORY L. YOUNG, JR., CHAIR

ZRB SUMMARY REPORT (SEE ATTACHMENT)

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, NORWOOD, SMITH, ARCHIBONG, SHOOK & FAUVER

FINANCE/EXECUTIVE COMMITTEE HOWARD SHOOK, CHAIR

09-TR-1516 ( 1) Report of the Chief Financial Officer of the Transfer of Appropriations from one Line Item to another Line Item to various Funds as approved under Section 6-304(b) of the Charter of the City of Atlanta.

FILE

ORDINANCES FOR SECOND READING

08O1546( 1) 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.

FILE

09O1101( 2) 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.

FILE

09O1220( 3) 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.

FAVORABLE ON CONDITION

09O1367( 4) A Substitute 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.

FAVORABLE ON SUBSTITUTE (3 YEAS) (1 NAY)

(1 ABSTENTION)

09O1376( 5) 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.

FILE

09O1406( 6) 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 Mosby Archibong and Cleta Winslow to amend the Charter of the City of Atlanta, Georgia, 1996 Ga Laws P. 4469, et seq., under and by virtue if the authority of the Municipal Home Rule Act of 1965, O.C.G.A. Section 36-35-1, et seq., as amended, by amending Part 1, Subpart A, Article VI (Revenue and Fund Administration), Chapter III (Fiscal Control) to create a new Section which shall be Section 6-312 to be entitled Financial Stabilization Plan, which new Section 6-312 shall provide for the development and adoption of an Annual Financial Stabilization Plan Covering a period of five years; to repeal conflicting ordinances; and for other purposes.

FAVORABLE - 2^nd READING, 1^st ADOPTION

RESOLUTION

09R1512( 1) An Amended Resolution by Finance/Executive Committee

*** authorizing the Mayor, on behalf of the City, to execute a Contract with Universal Tennis Management, LLC, for FC-4944, Special Procurement for Management & Operation of various Tennis Centers, for consideration as reflected below; and for other purposes.

FAVORABLE AS AMENDED (1 ABSTENTION)

PAPERS HELD IN COMMITTEE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

09O0803(26) A Substitute Ordinance by Finance/Executive Committee amending Atlanta Code of Ordinances Chapter 46, entitled “Civic and Cultural Affairs”, by adding a new Article IV that shall be entitled Entertainment Filming Fees; and for other purposes. (Held 5/13/09 by the Committee for additional consideration and discussion.) (Public Hearing held 5/13/09.)

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

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

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

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

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

09O1184(32) 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(33) 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(34) An Ordinance by Councilmember Carla Smith to amend Chapter 114, Division 14, Section 114-429 (a) and (e) of the City of Atlanta Code of Ordinances entitled ‘Voluntary Shared Leave Program’, to revise the section to include the donation of reserve sick leave; and for other purposes. (Held 7/15/09 at the request of the author for further review.)

09R1365(35) 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.)

09O1378(36) 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(37) 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(38) 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.)

09R1409(39) A Resolution by Councilmembers Kwanza Hall, Ivory Lee Young, Jr., Natalyn Archibong, Mary Norwood, Cleta Winslow, H. Lamar Willis, Jim Maddox and Ceasar C. Mitchell recommending that the remaining City of Atlanta Title XX Allocation of $42 Million (ACoRA Funds) be placed in a Revolving Loan Fund to the Atlanta City Credit Union; and for other purposes. (Held 9/02/09 by the Committee for further review and additional information.)

09R1513(40) A Resolution by Finance/Executive Committee authorizing

*** the Mayor to execute an Intergovernmental Agreement with the McPherson Planning Local Redevelopment Authority, Inc.; to allow the City to accept the services of consultants to augment the efforts of City staff in the re-zoning of Fort McPherson; and for other purposes. (Held 9/02/09 by the Committee for further review and additional information.)

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

COMMITTEE ON COUNCIL FELICIA A. MOORE, CHAIR

COMMUNICATION

09C1369( 1) 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, to allow appointee the opportunity to come before the Committee) (Favorable by Community Development/Human Resources Committee 9/1/09.)

ORDINANCE FOR SECOND READING

09O1394( 1) An Ordinance by Committee on Council to authorize the Mayor to enter into a Contract with Dekalb County to conduct the 2009 General Municipal Election and any Special Election(s) held in conjunction therewith, for the City of Atlanta on November 3, 2009 and if necessary, a City of Atlanta General Runoff Election to be held on December 1, 2009; to authorize the payment of expenses incurred under the Contract in an amount not to exceed _____________; to appoint the Dekalb County Board of Registration and Elections, with the Director of the Dekalb County Department of Registration and Elections acting as its agent, as Municipal Election Superintendent for the purpose of conducting said election, as Absentee Ballot Clerk and as Municipal Registrar; and for other purposes.

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 CARLA SMITH, CHAIR

ORDINANCE 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. (Public Hearing held 8/31/09)

FAVORABLE - 3^RD READING, FINAL ADOPTION

RESOLUTION

07R1214( 1) 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.

FILE

PAPERS HELD IN COMMITTEE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

09R1317(18) 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(19) An Ordinance by Councilmember Ivory L. Young, Jr. to rename Kennedy Street, NW from Gray Street to Oliver Street to Alexander Street; to waive Section 138-8(c) of the Code Ordinances of the City of Atlanta; and for other purposes. (To be advertised for a Public Hearing.) (Held 7/28/09 for a public hearing.)

09R1405(20) A Resolution by Councilmember Jim Maddox as amended by City Utilities Committee authorizing the creation of a Task Force to review the issue of smoke free workplaces, bars, hotels, restaurants and other public places in the City of Atlanta; and for other purposes. (Amended and held 9/1/09 for further review)

MEMBERS PRESENT: SMITH, SHOOK, CLAIR, YOUNG, MITCHELL, ARCHIBONG & SHEPERD

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE JIM MADDOX, CHAIR

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)

09C1089(28) 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(29) 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)

09O1233(30) 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 at the request of the department)

09R1322(31) 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 7/28/09)

09O1320(32) 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. (Held 9/1/09 for further review)

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

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE CLETA WINSLOW, CHAIR

ORDINANCES FOR SECOND READING

08O1538( 1) 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 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.

FILE

08O1760( 2) 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.

FORWARDED WITH NO RECOMMENDATION ON SUBSTITUTE (1 ABSTENTION)

09O1045( 3) 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.

FAVORABLE ON SUBSTITUTE ON CONDITION

RESOLUTION

07R2294( 1) 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.

FILE

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)

07O2513( 6) 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( 7) 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( 8) 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( 9) 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(10) 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(11) 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(12) 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(13) 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)

08O1544(14) 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(15) An Ordinance by Councilmember Mary Norwood to amend Article XXIV entitled “Vending on Private Property”; and for other purposes. (Held 9/9/08 for further review.)

08O2436(16) 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(17) 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(18) 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(19) 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(20) 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.)

09O1069(21) 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(22) An Ordinance by Public Safety and Legal Administration Committee to amend the Code of Ordinances of the City of Atlanta, Georgia, Chapter 162, Article II, Division 1, Section 162-36 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(23) 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.)

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