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

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

Order of Business for the Atlanta City Council

Monday, October 5, 2009

The Honorable Lisa Borders, Presiding

1:00 P.M.

 1.        Call to Order

 2.        Roll Call

 3.        Invocation

 4.        Pledge of Allegiance

                                                                                                                                               Page

 5.        Proclamations, Commendations and other Special Awards                                          2

 6.        Remarks by the Public

 7.        Report of the Journal

 8.        Communications                                                                                                            2

 9.        Adoption of Agenda

10.       Consideration of Vetoed Legislation                                                                           

11.       Unfinished Business                                                                                                     

12.       Consent Agenda                                                                                                            4

13.       Report of Standing Committees                          Committee Chairs                      Pages

            Finance/Executive Committee                                 Howard Shook                              20

            Committee on Council**                                         Felicia A. Moore                           32

            City Utilities Committee*                                        Carla Smith                                   35

            Community Development/Human

            Resources Committee                                              Jim Maddox                                  41

            Public Safety and Legal

            Administration Committee                                      Cleta Winslow                              48

            Transportation Committee*                                     Clair Muller                                   56

            Zoning Committee                                                   Ivory L. Young, Jr.                       58

14.       Personal Papers/Resolutions for Immediate Consideration

15.       Personal Papers and General Remarks

16.       Adjournment: Roll Call

*          No Report

**        No Report at Time of Agenda Preparation

***      Items that did not appear on any committee’s regular printed agenda. (Pages 18 & 19)

5.         PROCLAMATIONS, COMMENDATIONS AND OTHER SPECIAL AWARDS

The Honorable Mayor Shirley Franklin and Council President Lisa M. Borders – proclamation being presented to:

In Honor of John Portman

Councilmember Cleta Winslow – proclamation being presented to:

In Honor of the Bureau of Taxicabs and Vehicles “Driver Appreciation Week”

8.         COMMUNICATIONS

09-C-1658 ( 1)            A Communication by Mayor Shirley Franklin re-appointing Ms. Gloria Leonard to serve as a member of the Civil Service Board on behalf of the City of Atlanta.  This re-appointment is for a term of three (3) years to expire on December 03, 2010.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE

09-C-1659 ( 2)            A Communication by Mayor Shirley Franklin appointing Mrs. Hazel Jacobs 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 Ms. Carole Dortch which expires 5/21/2010.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE

09-C-1725 ( 3)            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 September 21, 2009 and October 05, 2009 to the Atlanta City Council in accordance with Section 2-275 of the Atlanta City Code of Ordinances.  (08-O-2137)

RECOMMENDATION TO FILE

09-C-1726 ( 4)            A Communication by Mayor Shirley Franklin re-appointing Mr. Lawrence Ashe to serve as a member of the Piedmont Park Conservancy Board for the City of Atlanta.  This re-appointment is for a term of one (1) year to begin retroactively on January 07, 2009 and expire January 07, 2010, and does not require Council confirmation.

RECOMMENDATION TO FILE

COMMUNICATIONS (CONT’D)

09-C-1727 ( 5)            A Communication by Mayor Shirley Franklin re-appointing Ms. Candace N. Smith to serve as a member of the Piedmont Park Conservancy Board for the City of Atlanta.  This re-appointment is for a term of one (1) year to begin retroactively on June 17, 2009 and expire June 17, 2010, and does not require Council confirmation.

RECOMMENDATION TO FILE

C O N S E N T      A G E N D A

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

SECTION I

ORDINANCES FOR SECOND READING

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

09O1630( 1)            A Substitute Ordinance by Finance/Executive Committee authorizing the Mayor or her designee to waive the Payment Provisions contained in the City of Atlanta Code of Ordinances Article X Procurement and Real Estate Code, to ratify the prior provision of the Kronos, Incorporated Time and Attendance System Maintenance and Support from April 28, 2009 to October 14, 2009 and, utilize Georgia Technology Authority Contract #GTA000144 to purchase the Maintenance and Support for one year with two (2) one-year Renewal Options in an amount not to exceed $136,446.80; per year; to purchase Upgrade Software and Hardware in an amount not to exceed $249,125.00, and to authorize up to three months of Bridge Funding in an amount not to exceed $25,965.00 for a total of $411,563.80; all funds to be charged to and paid from Fund, Department Organization, and Account Numbers 1001 (General Fund) 050202 (IT Applications) 5410001 (Consultant Professional Services-Capital) 1535000 (DATA Processing/Management Information Systems); and for other purposes.

09O1631( 2)            A Substitute Ordinance by Finance/Executive Committee authorizing the Mayor or her designee to waive the Application of the Atlanta City Code, Article X, The Procurement and Real Estate Code, and authorizing the Mayor or her designee to ratify the prior provision of the Motorola Maintenance under the Expired Agreement from July 1, 2009 through the present and to enter into an appropriate Renewal Agreement with Motorola, Inc., for the Citywide Radio System Maintenance, effective July 1, 2009 through June 30, 2010, on behalf of the Department of Information Technology, in an amount not to exceed $272,646.60; all contracted work shall be charged to and paid from Fund, Department, Organization, and Account Numbers: 2151 (Emergency Telephone System) 240207 (APD E-911) 5213001 (Consulting/Professional) 3800000 (E-911)

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

[$135,493.08]; 5051 (Water & Wastewater Revenue Fund) 170407 (DWM Drinking Water Facility Maintenance) 5222003 (Repair & Maintenance-Other) 443000 (Treatment)[$23,617.74]; 5051 (Water & Wastewater Revenue Fund) 170201 (DMW Wastewater Treatments and Collections) 5222002 (Repair & Maintenance-Other) 4310000 (Sanitary Administration) [$23,617.74]; 5502 (Airport Renewal Fund) 180107 (DOA Aviation Information Systems) 5222002 (Repair & Maintenance-Equipment) 7563000 (Airport) [$89,918.04]; and for other purposes.

09O1712( 3)            An Ordinance by Councilmember Cleta Winslow as substituted by Finance/Executive Committee transferring funds in the amount of $5,000.00 from the District 4 Councilmember Expense Account, to the Atlanta Police Foundation for the purpose of supplementing the Reward Fund for information which results in the arrest and conviction of the person or persons responsible for the September 3, 2009 murder of Jasmine Lynn, a 19 year old Spelman College Student; and for other purposes.

09O1715( 4)            An Ordinance by Councilmembers Howard Shook and Clair Muller to support the implementation, funding and creation of the Regional Transit Committee (RTC); to support the mission of RTC to implement the Concept 3 Plan; to authorize the payment of the participation fee from 1001 200401 5236001 9000000; to direct the future funding of RTC by the Chief Financial Officer in future Budgets; and for other purposes.

09O1720( 5)            An Ordinance by Councilmember Anne Fauver as substituted and amended by Finance/Executive Committee transferring funds in the amount of $49,113.50 from the District 6 Councilmember Expense Accounts to Park Ride to fund the purchase of cameras to be used to assist in monitoring activities in Piedmont Park; and for other purposes.

CITY UTILITIES COMMITTEE - CARLA SMITH, CHAIR

09O1543( 6)            An Ordinance by City Utilities Committee authorizing the acceptance of certain new sanitary sewer utility easements in exchange for the abandonment of certain sanitary sewer utility easements that no longer serve a public purpose (“Easement Exchange”); authorizing the abandonment of certain sanitary sewer and/or storm water utility easements of portion thereof when those easements no longer serve a public purpose (“Easement Abandonment”); authorizing the Mayor or her designee to execute all appropriate legal documents and instruments for an easement abandonment or easement exchange, said easement exchange or easement abandonment being limited to those projects required by the Consent Decrees; and for other purposes.

09O1544( 7)            An Ordinance by City Utilities Committee authorizing the Chief Financial Officer to amend the FY 2010 Budget (2009A Water and Wastewater Bond Fund-5066) in the amount of $18,500,000.00 to transfer funds from the Capital Projects Reserve (5066) for Appropriations and to add to appropriation funds for the Sewer Group 5 & 6 SSES Project; and for other purposes.

09O1545( 8)            A Substitute Ordinance by City Utilities Committee authorizing the Chief Financial Officer to amend the FY 2010 Budget (Renewal & Extension Water and Wastewater Fund-5052) in the amount of $20,000,000.00 to transfer funds from the General Reserve (5052) for Appropriations and to add to appropriation funds for the repairs to the R. M. Clayton Water Treatment Plant due to flood related damages; and for other purposes.

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR

09O1556( 9)            A Substitute Ordinance by Community Development/Human Resources Committee authorizing the Mayor or her designee to implement a Grant Program promoting Tree Planting on Private Property located in the City of Atlanta; where the total cost of the Grant Program shall not exceed $130,000.00 and shall be paid from 7701 (Tree Trust); 250101 (Commissioner DPCD); 5239004 (Service Grants); 1320000 (Chief Executive); 600013 (Project); and for other purposes.

PUBLIC SAFETY AND LEGALADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

09O1558(10)           An Ordinance by Public Safety and Legal Administration Committee to amend Chapter 10, Article II, Division 3, Section 10-127, entitled Temporary Permit for Non-Profit Civic Organizations, to increase the number of permits that may be issued to an organization in any one calendar year from two to four; and for other purposes.

09O1560(11)           An Ordinance by Public Safety and Legal Administration Committee to amend Chapter 106, Offenses and Miscellaneous Provisions, Article V, Offenses by and Against Minors, Section 106-228, same-responsibility of parents, so as to replace improper references to nonexistent sections of the City of Atlanta Code of Ordinances with the proper references to Section 106-227, Curfew-authorized; to repeal conflicting ordinances; and for other purposes.

09O1561(12)           An Ordinance by Public Safety and Legal Administration Committee to amend the 2009 (Intergovernmental Grant Fund) Budget, Executive Offices, Mayor’s Office of Weed and Seed, by adding to anticipations and appropriations in the amount of $380,098.00 from the Department of Justice Byrne Discretionary Grant; to rescind Ordinance 09-O-0412; and for other purposes.

09O1562(13)           A Substitute Ordinance by Public Safety and Legal Administration Committee amending the 2010 (Intergovernmental Grant Fund) Budget, Department of Police by adding to anticipations and appropriations the amount of $300,000.00 for Grant Funds from the White House Office of National Drug Control Policy for the continuation of the High Intensity Drug Trafficking Area (HIDTA) Task Force and continued disruption of Drug Trafficking Organizations; and for other purposes.

TRANSPORTATION COMMITTEE - CLAIR MULLER, CHAIR

09O1620(14)           A Substitute Ordinance by Transportation Committee authorizing the Mayor or her designee to remove parking restrictions from the North side of Ralph McGill Boulevard, NE, between Central Park Place, NE and Parkway Drive, NE; and for other purposes.

09O1621(15)           An Ordinance by Transportation Committee authorizing the installation of one Stop Sign at the intersection of Dallas Street, NE and Glen Iris Drive, NE; and for other purposes.

09O1622(16)           A Substitute Ordinance by Transportation Committee to restrict Left Turn movements from the Amtrak Train Station Driveway onto Deering Road, NW at Peachtree Street, NW; and for other purposes.

09O1623(17)           An Ordinance by Transportation Committee authorizing the installation of All-Way Stop Signs at the intersection of North Pelham Road, NE and East Rock Springs Road, NE until such time that funding for a permanent Traffic Signal can be identified through the Safe Routes to School Program; and for other purposes.

09O1624(18)           An Ordinance by Transportation Committee authorizing the installation of All-Way Stop Signs at the intersection of North Morningside Drive, NE and East Rock Springs Road, NE until such time that funding for a permanent Traffic Signal can be identified through the Safe Route to School Program; and for other purposes.

09O1625(19)           An Ordinance by Transportation Committee to amend the FY 2010 [Airport Renewal and Extension Fund (5502) and Airport Passenger Facility Charge Fund (5505)] Budgets by transferring to and from appropriations a total amount of $25,000,000.00 for reimbursement of the Renewal and Extension Fund; and for other purposes.

RESOLUTIONS

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

09R1704( 1)            A Resolution by Finance/Executive Committee to extend the Service Delivery Strategy (SDS) between the City of Atlanta and Dekalb County through October 31, 2010; and for other purposes.

09R1705( 2)            A Substitute Resolution by Finance/Executive Committee authorizing the use of proceeds of the City of Atlanta Tax Allocation Bonds (BeltLine Project), Series 2009; and for other purposes.

09R1706( 3)            A Resolution by Finance/Executive Committee authorizing the Mayor, on behalf of the Department of Planning and Community Development, Bureau of Code Compliance, to accept the name change of Citywide Demolition Contractor H&H Demolition & Hauling, Inc. (FC-6006007938A) to Resurgence Demolition, Inc., a Georgia Corporation; and for other purposes.

09R1707( 4)            A Resolution by Finance/Executive Committee authorizing the Mayor to enter into an Appropriate Contractual Agreement with ATC Associates, Inc. and C.E.R.M., Inc. a Joint Venture, for FC-4918A, Geotechnical, Environmental Engineering, Testing and Investigation Services on behalf of the Departments of Planning and Community Development, Public Works, and Parks, Recreation and Cultural Affairs; all contracted work shall be charged to and paid from various Fund, Department Organization and Account Numbers; and for other purposes.

09R1708( 5)            A Resolution by Finance/Executive Committee authorizing the Mayor to enter into an Appropriate Contractual Agreement with United Consulting, Inc., for FC-4918B, Geotechnical, Environmental Engineering, Testing and Investigation Services on behalf of the Departments of Planning and Community Development, Public Works, and Parks, Recreation and Cultural Affairs; all contracted work shall be charged to and paid from various Fund, Department Organization and Account Numbers; and for other purposes.

09R1709( 6)            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-0742N with Covetrix IT Security Group for Websense Internet Security Software Maintenance and Support for one (1) year on behalf of the Department of Information Technology in an amount not to exceed $86,300.00; 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.

09R1710( 7)            A Substitute Resolution by Finance/Executive Committee authorizing the Mayor to execute an Agreement with Carousel Industries of North America, Inc., for Project Number FC-4984 Unified Communication/Telephone Upgrade at the Hartsfield-Jackson Atlanta International Airport in an amount not to exceed $341,862.85.  All services will be charged to and paid from 5502 (Airport Renewal and Extension Fund) 180107 (ISD) 5212001 (Consulting/Professional Services) 7563000 (Airport); and for other purposes.

09R1711( 8)            A Resolution by Finance/Executive Committee authorizing the Mayor, on behalf of the Department of Public Works and the Atlanta Police Department, for the purpose of extending the original agreement identified as FC-7649-04, Annual Contract for the Red Light Camera Enforcement Program (“Program”) with ACS State and Local Solutions, Inc., for a new two year base period to begin on March 16, 2010, and to further provide for a maximum of two (2) one-year renewals at the sole discretion of the City; with all revenue collected from the program to be deposited into Fund, Account, and Center Number: 7701 (Trust Fund) 130308 (DPW Transportation Design) 3511717 (Traffic and Parking Fines) or Successor Accounts and all expenses generated from the program to be paid from Fund, Account, and Center Number: 7701 (Trust Fund) 130308 (DPW Transportation Design) 5239004 (Service Grants) or Successor Accounts; and for other purposes.

CITY UTILITIES COMMITTEE - CARLA SMITH, CHAIR

09R1662( 9)            An Amended Resolution by City Utilities Committee authorizing the Mayor to execute an agreement with Cartel Properties-999 Brady, LLC for the Rehabilitation and Installation of Sanitary Sewer System Improvements adjacent to proposed developments along Joseph E. Lowery Blvd.; to define the extent of cost participation; to secure payment of the contract sum; and for other purposes.

09R1663(10)           A Resolution by City Utilities Committee authorizing the Department of Watershed Management to amend the Task Order to Metcalf & Eddy/Cardozo Engineering, Inc., Joint Venture, for FC-7619-03E, Citywide Annual Contract for Architectural and Engineering Services, South River Basin Relief Sewers-Pump Station and Relief Sewers, on behalf of the Department of Watershed Management, as authorized by Resolution 07-R-2029, to include an additional amount not to exceed $532,919.00 for additional funding for work associated with the South River Basin Relief Sewers – Pump Station and Relief Sewers, to include the continuation and completion of Land Acquisition Services and the Design and Engineering originally authorized; all contracted work will be charged to and paid from PTAEO and Fund, Dept/Org, Account, Function/Activity, Project and Funding Source listed; and for other purposes.

09R1664(11)           A Resolution by City Utilities Committee authorizing the Department of Watershed Management to amend the Task Order to Metcalf & Eddy/Cardozo Engineering, Inc., Joint Venture, for FC-7619-03E, Citywide Annual Contract for Architectural and Engineering Services, South River Basin Relief Sewers - North Basin, on behalf of the Department of Watershed Management, as authorized by Resolution 08-R-0225, to include an additional amount not to exceed $260,719.00 for additional funding for work associated with the South River Basin Relief Sewers – North Basin, to include the continuation and completion of Land Acquisition Services and the Design and Engineering originally authorized; all contracted work will be charged to and paid from PTAEO and Fund, Dept/Org, Account, Function/Activity, Project and Funding Source listed; and for other purposes.

09R1665(12)           A Resolution by City Utilities Committee authorizing the Department of Watershed Management to amend the Task Order to Metcalf & Eddy/Cardozo Engineering, Inc., Joint Venture, for FC-7619-03E, Citywide Annual Contract for Architectural and Engineering Services, South River Basin Relief Sewers - South Basin, on behalf of the Department of Watershed Management, as authorized by Resolution 08-R-0226, to include and additional amount not to exceed $211,736.00 for additional funding for work associated with the South River Basin Relief Sewers – South Basin, to include the continuation and completion of Land Acquisition Services and the Design and Engineering originally authorized; all contracted work will be charged to and paid from PTAEO and Fund, Dept/Org, Account, Function/Activity, Project and Funding Source listed; and for other purposes.

09R1666(13)           A Resolution by City Utilities Committee authorizing the Mayor to enter into Amendment Agreement No. 1, for FC-6007000029, Annual Contract for Major Mechanical Services for the Bureau of Wastewater Treatment and Collections, with Alberici Constructors, Inc./Willis Professional Services, for second year funding in an amount not to exceed $1,010,000.00; all contracted work shall be charged to and paid from Fund, Department, Organization and Account Numbers listed; and for other purposes.

09R1713(14)           A Resolution by Councilmember Cleta Winslow authorizing the Mayor to execute Amendment Agreement No. 1 with Precision 2000, Inc., for FC-4943C, Annual Contract to Construct Sidewalks, Driveways, Curbs and Gutters, on behalf of the Department of Public Works, in amount not to exceed $294,708.00; all contracted work to be charged to and paid from Various Fund, Department Organization and Account Numbers; and for other purposes.

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

09R1673(15)           A Resolution by Public Safety and Legal Administration Committee authorizing the Chief Procurement Officer to utilize the State of Georgia Contract SWC-30747 with Fisher Scientific Company, LLC for a blanket purchase order to purchase self-contained breathing apparatus, regulators, and hose for the self-contained breathing apparatus on behalf of the Department of Fire and Rescue in an amount not to exceed $50,000.00; and for other purposes.

TRANSPORTATION COMMITTEE - CLAIR MULLER, CHAIR

09R1694(16)           A Resolution by Transportation Committee authorizing the Mayor to execute an Amendment No. 16 to the Central Passenger Terminal Complex Lease Agreement with Northwest Airlines, Inc. covering the permanent surrender to the City of Atlanta of a portion of Northwest Airlines exclusive leased premises which is located in the North Terminal Building at Hartsfield-Jackson Atlanta International Airport; and for other purposes.

09R1695(17)           A Resolution by Transportation Committee increasing the not to exceed compensation amount by $400,000.00 for Contract No. FC-7369-01A; Architectural and Engineering Design Support Services with Hartsfield Transportation Group under Work Authorization No. 3, Engineering Design Services, for the Extension of Taxiway L & 27R RSA and Taxiway M Pavement Replacement.  All services shall be charged to and paid from PTAEO: 18102837 (Capital Design & Mgmt/Design) 103 (Task) 550591336 (DOA PFC Revenue 96AA) 5212001 (Consulting/Professional Serv) and FDOA: 5505 (Airport Passenger Facility Charge Fund) 180201 (DOA Aviation Capital Planning & Development) 5212001 (Consulting/Professional Serv) 7563000 (Airport) 102837 (Capital Design & Mgmt/Design) 91336 (DOA PFC Revenue 96AA) 0000 (Default) 00000000 (Default) 00000000 (Default); and for other purposes.

09R1696(18)           A Resolution by Transportation Committee authorizing the Mayor to execute an Agreement with New South Construction Company, Inc., for Project Number FC-4979, Concourse “D” Midpoint Expansion Advance Package at Hartsfield-Jackson Atlanta International Airport in an amount not to exceed $1,489,000.00 and to establish a Project Contingency Fund in an additional amount not to exceed $200,000.00.  All services will be charged to and paid from PTAEO 18102793 (Concourse D-Midpoint Expansion) 102 (Task) 550621347 (DOA 2000 REV Bond 93CG) 5414002 (Facilities other than Bldgs/Infrastructure-CIP) and FDOA 5506 (2000 Airport Revenue Bond Fund) 180201 (DOA Aviation Capital Planning & Development) 5414002 (Facilities other than Bldgs/Infrastructure-CIP) 7563000 (Airport) 102793 (Concourse D-Midpoint Expansion) 21347 (DOA 2000 REV Bond 93CG) 0000 (Default) 00000000 (Default) 00000000 (Default) ($388,470.00) and PTAEO 18102793 (Concourse D-Midpoint Expansion) 102 (Task) 550921373 (DOA 2004 F G I REV 93CQ) 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) 102793 (Concourse D-Midpoint Expansion) 21373 (DOA 2004 F G I REV 93CQ) 0000 (Default) 00000000 (Default) 00000000 (Default) ($1,300,530.00).

PUBLIC SAFETY AND LEGALADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

Claims with favorable recommendations:

09-R-1674 ( 1)            Claim of Butler Street CME Church, for property damages alleged to have been sustained from multiple flooding incidents due to a sanitary sewer main break on July 3, 2005 at 22 Jesse Hill, Jr. Drive, SE.                                                          $65,424.90

09-R-1675 ( 2)            Claim of Dale Blum Roberts, for bodily injuries alleged to have been sustained from tripping on an uneven section of sidewalk on February 5, 2009 at 2900 Peachtree Road, NE.                                                                                                $14,500.00

09-R-1676 ( 3)            Claim of Nycole Benoit and Rikayah Benoit, for vehicular damages alleged to have been sustained from driving over a defective area in the road on April 12, 2009 at Central Park Avenue and Ralph McGill Boulevard.                                   $603.19

09-R-1677 ( 4)            Claim of Terri Murai, for vehicular damages alleged to have been sustained from driving over a pothole in the road on January 2, 2009 on Spring Street and North Avenue. $600.00

Claims with unfavorable recommendations:

09-R-1678 ( 5)            Claim of Calvin Happ, for damages alleged to have been sustained from the City’s failure to return the renewal fees for an alcoholic beverage license in December 2008 at 1025 Howell Mill Road.

09-R-1679 ( 6)            Claim of Michael Stevens and Victoria M. Stevens, for vehicular damages alleged to have been sustained from driving over a construction site that was improperly repaired on May 22, 2009 at Marietta Street, NW.

09-R-1680 ( 7)            Claim of Virginia V. Birts, for damages alleged to have been sustained from driving over a metal gate that had fallen from a private work truck on February 21, 2009 at Cheshire Bridge Road and Lavista Road.

09-R-1682 ( 8)            Claim of Specialty Risk Services, as subrogee of Wells Fargo, employer of Immaculada Lacyo, for damages alleged to have been sustained as a result of walking on an uncovered water meter box on October 11, 2008 at 265 Peachtree Center.

09-R-1683 ( 9)            Claim of Zachary Lee, for damages alleged to have been sustained as a result of a tree falling on June 11, 2009 at 626 DeKalb Avenue.

09-R-1684 (10)           Claim of Robert Foah, for damages alleged to have been sustained as a result of the installation of a water meter on July 1, 2009 at 158 Elizabeth Street.

09-R-1685 (11)           Claim of John Rick, for damages alleged to have been sustained as a result of the installation of a water meter on July 27, 2009 at 840 DeKalb Avenue.

09-R-1686 (12)           Claim of Jennifer Schultz, for property damages alleged to have been sustained when a mailbox was destroyed during a road repaving project on January 22, 2009 at 215 Warren Street, NE.

09-R-1687 (13)           Claim of John M. Perry, for damages alleged to have been sustained as a result of striking a construction cut on August 11, 2009 at 4279 Roswell Road and Chastain Drive.

09-R-1688 (14)           Claim of Peter Wilander, for damages alleged to have been sustained as a result of striking a construction cut on July 25, 2009 at 4279 Roswell Road and Chastain Drive.

09-R-1689 (15)           Claim of Vanessa W. Erbrick, for damages alleged to have been sustained as a result of striking damaged storm grates on February 27, 2009 at 1610 Ponce de Leon Avenue.

09-R-1690 (16)           Claim of Teresa Novella Wimberly, for damages alleged to have been sustained as a result of striking a construction cut on August 4, 2009 at 4279 Roswell Road and Chastain Drive.

09-R-1692 (17)           Claim of Sheena Lawrence, for damages alleged to have been sustained as a result of driving over a pothole on January 27, 2009 at Roswell Road near Cliftwood Drive.

CONSENT AGENDA SECTION II

ORDINANCES FOR FIRST READING

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

09O1700( 1)            An Amended Ordinance by Finance/Executive Committee to amend Chapter 114, Personnel, Article “V”, Classification Plan of the Code of Ordinances, City of Atlanta, Georgia, so as to provide for certain position reclassifications, employee salary adjustments, salary grade amendments and other personnel actions in line with the 2010 Budget; and for other purposes.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE

09O1701( 2)            An Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer to write-off $811,011.36 of Uncollectible Water and Wastewater Accounts receivable with balances extending beyond the statute of limitations; and for other purposes.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE

09O1702( 3)            An Ordinance by Finance/Executive Committee reducing anticipations and appropriations in the amount of $1,600,000.00 for the purpose of correcting the City of Atlanta’s Financial Records to reflect Grant De-Obligations in the HOME Program; and for other purposes.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

09O1703( 4)            An Ordinance by Finance/Executive Committee authorizing the City of Atlanta to waive the Competitive Procurement Provisions contained in Article X, Procurement and Real Estate Code of the City of Atlanta Code of Ordinances, authorizing the Mayor, on behalf of the City of Atlanta (“CITY”), to  negotiate for and to purchase approximately 6.2 acres, located on Gault Street and Eric Street (“The Chosewood Park Expansion”) from The Conservation Fund (TCF), in an amount not to exceed $1,231,000.00, for the purpose of expanding the existing Chosewood Park.  The City’s purchase price, due diligence, purchase services, and development costs shall be paid from Park Impact Fee South, Arthur Blank Family Foundation Funds and ACoRA Funds as shown below; and for other purposes.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE

09O1722( 5)            An Ordinance by Finance/Executive Committee amending

***                              Chapter 114, Personnel, Article “V”, Classification Plan of the Code of Ordinances, City of Atlanta, Georgia, so as to create 50 Police Officer Positions contingent upon the approval and adoption of a Community Oriented Policing Services (“COPS”) Hiring Recovery Grant (“CHRP”) award from the United States Department of Justice; and for other purposes.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE

09O1723( 6)            An Ordinance by Finance/Executive Committee amending

***                              Chapter 114, Personnel, Article “V”, Classification Plan of the Code of Ordinances, City of Atlanta, Georgia, so as to create a Grants-Management Analyst Position to serve as Manager of the 2009 American Recovery and Rehabilitation Act’s Justice Assistance Grant (“2009 ARRA JAG”); and for other purposes.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE

09O1724( 7)            An Ordinance by Finance/Executive Committee amending

***                              the 2010 (International Grant Fund) Budget, Department of Police, by adding to anticipations and appropriations in the amount of $11,209,300.00 for a Community Oriented Policing Services (“COPS”) Hiring Recovery Grant (“CHRP”) award from the United States Department of Justice; and for other purposes.

TO BE REFERRED TO PUBLIC SAFETY & LEGAL ADMINISTRATION COMMITTEE

CITY UTILITIES COMMITTEE - CARLA SMITH, CHAIR

09O1660( 8)            A Substitute Ordinance by City Utilities Committee authorizing the Chief Financial Officer to amend the FY 2010 Budget (2009A Water and Wastewater Bond Fund – 5066) in the amount of $7,188,637.00 to the Capital Project Reserve (5066) for appropriations and to add to appropriation funds for the Supplement Program Management Services Project; and for other purposes.

TO BE REFERRED TO CITY UTILITIES COMMITTEE

09O1661( 9)            A Substitute Ordinance by City Utilities Committee to correct Ordinance Number 09-O-1113 adopted by the City Council on July 20, 2009 and approved by the Mayor on July 28, 2009 by deleting the incorrect budget year reference of FY 2009 and inserting in lieu thereof the correct budget year reference FY 2010; and for other purposes.

TO BE REFERRED TO CITY UTILITIES COMMITTEE

09O1721(10)           An Ordinance by City Utilities Committee correcting

***                              Ordinance Number 09-O-1114 adopted by the City Council on July 20, 2009 and approved by the Mayor on July 28, 2009 by deleting the incorrect budget year reference of FY 2009 and inserting in lieu thereof the correct budget year reference FY 2010; and further amends the dollar amount listed from $5,200,000.00 to $8,300,000.00; and for other purposes.

TO BE REFERRED TO CITY UTILITIES COMMITTEE

COMMUNITY DEVELOPMENT/ HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR

09O1668(11)           An Ordinance by Community Development/Human Resources Committee naming the five (5) acres City Park located at 471 Collier Road, NW, the “Louise G. Howard Park”; and accepting the Howard Property Master Plan on behalf of the Department of Parks, Recreation and Cultural Affairs; and for other purposes.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

TRANSPORTATION COMMITTEE - CLAIR MULLER, CHAIR

09O1693(12)           An Ordinance by Transportation Committee authorizing the Mayor or her designee to convert West Peachtree Place, NW, between Centennial Olympic Park Drive, NW and West Peachtree Street, NW, from a One-Way Street to a Two-Way Street; and for other purposes.

TO BE REFERRED TO TRANSPORTATION COMMITTEE

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

ORDINANCES FOR SECOND READING

09O1714( 1)            An Ordinance and Charter Amendment by Councilmembers Felicia A. Moore, Howard Shook, Mary Norwood, Ivory Lee Young, Jr., Anne Fauver, Carla Smith, Natalyn Archibong, Cleta Winslow, Clair Muller, Kwanza Hall, C. T. Martin, H. Lamar Willis and Joyce M. Sheperd 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 amend Section 3-505(c) (Entitled “Temporary Engagement by Contract, Re-employment or Election of Persons Retired Under Municipal Laws”) of the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, p. 4469, et seq.) approved April 15, 1996, as amended, so as to identify circumstances affecting the Re-employment of Retirees; to repeal conflicting Ordinances and Charter Amendments; and for other purposes. 

FAVORABLE - 2^nd READING, 1^st ADOPTION

09O1716( 2)            An Ordinance by Councilmember Howard Shook as substituted by Finance/Executive Committee submitting a Series 2009B Bond Ordinance to ratify, reaffirm, supplement, and amend that certain Master Bond Ordinance Adopted on March 31, 1999, as supplemented and amended by that certain First Supplement Bond Ordinance Adopted on March 5, 2001, that certain Series 2001 Bond Ordinance Adopted on December 5, 2001, that certain Series 2004 Bond Ordinance Adopted on August 16, 2004, as supplemented by that certain Supplemental Series 2004 Bond Ordinance Adopted on September 15, 2004, that certain Fifth Supplemental Bond Ordinance Adopted  on November 19, 2007, that certain Series 2008 Bond Ordinance Adopted on March 17, 2008, that certain Seventh Supplemental Bond Ordinance Adopted on October 6, 2008, and that certain Series 2009 Bond Ordinance Adopted on May 4, 2009, as supplemented by that certain Supplemental Series 2009 Bond Ordinance Adopted on June 17, 2009; to provide for the issuance by the City of Atlanta of its Water and Wastewater Revenue Bonds, Series 2009B, for the purpose of refunding all of the City of Atlanta’s outstanding Water and Wastewater Revenue Bonds, Series 2001B and Water and Wastewater Revenue Bonds, Series 2001C; to provide terms, provisions, and conditions for the issuance of its Water and Wastewater Revenue Bonds, Series 2009B; and for other related purposes.

FAVORABLE ON SUBSTITUTE (1 ABSTENTION)

09O1717( 3)            An Ordinance by Councilmember Howard Shook as substituted by Finance/Executive Committee submitting a Supplemental Series 2009B Bond Ordinance to set the terms of the City of Atlanta’s Water and Wastewater Revenue Bonds, Series 2009B, including Principal Amounts, Interest Rates, Maturity Dates and Redemption Provisions; and for other related purposes.  (Special Called Meeting 10/14/09 at 12:30 p.m.)

FAVORABLE ON SUBSTITUTE (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 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^nd Reading, 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)           A Substitute 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; Substituted and held 9/16/09.)

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 Efficiency 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.)

09R1409(38)           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.)

09O1650(39)           An Ordinance by Councilman C. T. Martin to create a new Section 2-45 of the Code of Ordinances of the City of Atlanta, Georgia, located under Chapter 2 (Administration), Article II (Council), Division 1 (Generally), and currently designated as “Reserved”, to be re-designated as “Access to City-Owned or City-Affiliated Parking Facilities by Members of the Atlanta City Council”, so as to provide that members of the Atlanta City Council shall, upon request, be provided with access cards, at no cost to the Council Member, for the purpose of gaining vehicular access to any parking facility owned by the Atlanta; to waive conflicting ordinances; and for other purposes.  (Referred back by Full Council 9/21/09; Held 9/30/09 at the request of the Law Department for further review.)

09O1653(40)           An Ordinance by Councilmember C. T. Martin to amend Subsection (a) of Section 2-1139 (Using Agency Requirements) of Chapter 2 (Administration), Article X (Procurement and Real Estate Code), Division 2 (Chief Procurement Officer), of the Code of Ordinances of the City of Atlanta, Georgia so as to provide that no person employed in the Executive Office of the Mayor shall serve as a member of a Procurement Evaluation Team or shall in any way participate in the procurement process; to waive conflicting ordinances; and for other purposes.  (Held 9/16/09 by the Committee for further review.)

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

COMMITTEE ON COUNCIL                                           FELICIA A. MOORE, CHAIR

COMMUNICATIONS

09C0635( 1)            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.  (Recommendation to File by Community Development/Human Resources Committee 9/29/09.)

09C1089( 2)            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.  (Favorable by Community Development/Human Resources Committee 9/29/09.)

09C1092( 3)            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.  (Favorable by Community Development/Human Resources Committee 9/29/09.)

09C1517( 4)            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 retroactively on January 1, 2009 and to expire on December 31, 2010.  (Favorable by Community Development/Human Resources Committee 9/29/09.)

09C1531( 5)            A Communication by Mayor Shirley Franklin appointing Mr. Thomas “Rocky” Wade to serve as a member of the BeltLine Tax Allocation District (TAD) 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 and expire April 30, 2011.  (Favorable by Community Development/Human Resources Committee 9/29/09.)

09C1657( 6)            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 Ms. Dottie M. Sabre (Position 4) 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.  (Favorable by Community Development/Human Resources Committee 9/29/09.)

PAPERS 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.)

09C1522( 2)            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.  (Held 9/21/09 by the Committee to allow the appointee an opportunity to appear before the Committee.)

09O1541( 3)            An Ordinance by Committee on Council to amend the 2001 City of Atlanta Precincts and Polling Places in Precinct 02D as a result of permanent precinct relocation; and for other purposes.  (Held 9/21/09 by the Committee for additional information and a substitute.)

MISCELLANEOUS ITEM HELD

Subpoena request submitted by the Atlanta Citizens Review Board

MISC-03-09 ( 1)         A Request from Atlanta Citizens Review Board Chair,

***                              Roderick E. Edmond, M.D., J.D., to Committee on Council Chair, Felicia A. Moore, requesting the Committee on Council to exercise its Subpoena power, pursuant to City Code Section 2-2211(i), to compel Mr. David Sharpton, Manager of The Home Depot, at 2525 Piedmont Road,

Atlanta, Georgia, 30324, to produce requested documents, no later than October 6, 2009.  The requested documents are in regards to the excessive force complaint filed against an Atlanta Police Officer at The Home Depot referenced.  The documents requested include the surveillance footage from a surveillance camera located on the north side of The Home Depot referenced, on June 22, 2009 at approximately 10:45 am, in the store parking lot.  (Held 9/21/09 per Committee pending further review by the Committee.)

MEMBERS PRESENT:

CITY UTILITIES COMMITTEE - CARLA SMITH, CHAIR

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.)

09R0935(18)           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 Number listed; and for other purposes.   (Referred back by Full Council 9/21/09) (Held 9/29/09 for further review.)

09R0936(19)           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 Number listed; and for other purposes. (Referred back by Full Council 9/21/09) (Held 9/29/09 for further review.)

09R1317(20)           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(21)           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(22)           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)

09O1644(23)           An Ordinance by Councilmember Natalyn Mosby Archibong authorizing the Mayor or her designee to rename that portion of Boulevard Drive, SE located between Moreland Avenue, SE and Wylie Street, SE to Hosea L. Williams Drive, SE; and for other purposes.  (Held 9/15/09 for a Public Hearing) (To be advertised for Public Hearing)

09R1667(24)           A Resolution by City Utilities Committee authorizing the Mayor to enter into an appropriate contractual agreement with,                                        , for FC-4995 R. M. Clayton Cogeneration Project on behalf of the Department of Watershed Management, in an amount not to exceed               that all contracted work shall be charged to and paid from               that all contracted work shall be charged to and paid from                                       ; and for other purposes. (Held 9/29/09 for further review.)

09R1718(25)           A Resolution by Councilmember Kwanza Hall authorizing the Mayor or her designee to permanently close Auburn Avenue, NE between Jackson Street and Boulevard, NE; and for other purposes. (Held 9/29/09 for further review.)

09O1719(26)           An Ordinance by Councilmember Ivory L. Young, Jr. to abandon the portion of James P. Brawley Drive between Beckwith Street and Martin Luther King, Jr. Drive as marked on Exhibit “A: and more completely described in Exhibit “B”; to abandon the portion of Mitchell Street between James P. Brawley Drive and Raymond Street as marked on Exhibit “A” and more completely described in Exhibit “C”; to abandon Raymond Street between Martin Luther King, Jr. Drive and Beckwith Street as marked on Exhibit “A” and more completely described in Exhibit “D”; and for other purposes. (To be advertised for a Public Hearing) (Held 9/29/09 for a Public Hearing.)

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

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE                                       JIM MADDOX, CHAIR

RESOLUTION

09R1670( 1)            A Resolution by Community Development/Human Resources Committee authorizing the Mayor to submit a Grant Application to the U.S. Environmental Protection Agency under the 2009 Brownfield Assessment Program for Hazardous and Petroleum Site Projects in the City of Atlanta in an amount not to exceed $1,000,000.00; and for other purposes.

FAVORABLE (1 ABSTENTION)

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 District X

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 X

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)

09O0854(25)           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(26)           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)

09O1233(27)           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)

09O1320(28)           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 HUD Letter.)

09R1322(29)           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)

09C1530(30)           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.  (Held 9/15/09 to allow appointee the opportunity to come before the Committee.)

09-C 1656 (31)            A Communication from Chair LaChandra Butler Burks, Atlanta Board of Education, to Municipal Clerk Rhonda Dauphin Johnson appointing Mr. William McFarland to serve as a member of the BeltLine Tax Allocation District (TAD) Affordable Housing Board.  This appointment is for a term of two (2) years to begin retroactive on May 1, 2009.  (Held 9/29/09 to allow the appointee an opportunity to appear before the Committee.)

09R1669(32)           A Resolution by Community Development/Human Resources Committee amending the Oakland City/Lakewood Livable Centers Initiative (LCI) and Upper Westside LCI Plans to adopt the Five Year Plan Updates as required by the Atlanta Regional Commission (ARC); authorizing the Department of Planning and Community Development, on behalf of the City of Atlanta, to submit to the ARC the respective Five Year Update Plans for the Upper Westside and the Oakland City/Lakewood LCI Plans; and for other purposes.  (Held 9/29/09 at the request of the Bureau of Planning.)

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

PUBLIC SAFETY  AND LEGAL ADMINISTRATION COMMITTEE                 CLETA WINSLOW, CHAIR

ORDINANCES FOR SECOND READING

07O1525( 1)            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. 

FILE

07O1879( 2)            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. 

FILE

07O2513( 3)            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.

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)

07O1795( 3)            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.)

08O0190( 4)            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( 5)            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( 6)            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( 7)            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( 8)            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( 9)            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(10)           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 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(11)           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(12)           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(13)           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(14)           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(15)           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(16)           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(17)           Claim of Fred McFarlin, for damages alleged to have been sustained when a door was broken by firemen on February 9, 2009 at 1865 Wellborne Drive, NE.  (Held 6/9/09 at request of Councilmember Fauver.)

09O1045(18)           A 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 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.  (Referred back by Full Council 9/8/09) (Held 9/15/09 for further review.)

09O1069(19)           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)

09O1178(20)           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(21)           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.)

09O1417(22)           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.  (Held 9/15/09 for further review)

09C1521(23)           A Communication by Mayor Shirley Franklin appointing Mr. R. Roger Bhandari as City Attorney.  (Held 9/15/09 at the request of the Administration.)

09C1525(24)           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.  (Held 9/15/09 awaiting Ms. Hatten, to appeal before the committee.)

09O1559(25)           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 162-42, entitled Miscellaneous Requirements and Penalties; and Section 162-43, entitled Table of Violations, so as to make it unlawful for drivers of Vehicles for Hire to engage the Child Safety Locks on the rear doors of a vehicle for hire unless otherwise directed; to establish penalties therefor; and for other purposes.  (Held 9/29/09 for further review)

09R1671(26)           A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor or her designee to enter into an appropriate contractual agreement with Doctor Mark Waterman (Consultant) on behalf of the Department of Fire and Rescue in an amount not to exceed $4,667.00 per month for the purpose of serving as the Medical Director for Emergency Medical Services; and for other purposes. (Held 9/29/09 for further review)

09R1672(27)           A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor or her designee to enter into an agreement with the Atlanta Independent School System and the City of Atlanta for the lease of property at 407 Ashwood Avenue, Atlanta, Georgia, for the purpose of housing the Atlanta Fire Department Training Section; for a monthly rate of $9,240.00 per month for the first year with an increase of five percent (5%), each year thereafter until the end of the five year lease term; and for other purposes. (Held 9/29/09 for further review)

09R1681(28)           Claim of Travelers Insurance Company, as subrogee of Pamela Evans, for damages alleged to have been sustained as a result of driving over a pothole on April 24, 2009 at 366 Fair Drive. (Held 9/29/09 at request of Councilmember Sheperd)

09R1691(29)           Claim of Mr. Alvin Hall, for damages alleged to have been sustained as a result of driving over a pothole on April 10, 2009 at 366 Fair Drive. (Held 9/29/09 at request of Councilmember Sheperd)

MEMBERS PRESENT:  WINSLOW, MARTIN, FAUVER & SHEPERD

TRANSPORTATION COMMITTEE                               CLAIR MULLER, CHAIR

PAPERS HELD IN COMMITTEE

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

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

09O0544( 3)            A Substitute 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.  (Referred back by Full Council 9/08/09; Held 9/16/09 by the Committee for further discussion and consideration.)

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

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

09R1649( 6)            A Resolution by Councilmembers C. T. Martin, Mary Norwood, Carla Smith, Howard Shook, Joyce M. Sheperd,  Ivory Lee Young, Jr., Clair Muller and Anne Fauver.  A Resolution by the Atlanta City Council asking the Mayor to entertain discussion of the sale of some or all City Owned Real Property in Dawson County for the purpose of building a Water Reservoir; and for other purposes.  (Held 9/16/09 at the request of the author for further discussion.)

09O1654( 7)            An Ordinance by Councilmember Howard Shook authorizing the Mayor or her designee to set the Speed Limit on Wieuca Road, N. E. at 30 miles per hour; and for other purposes.  (Held 9/16/09 by the Committee for additional input and discussion.)

MEMBERS PRESENT:  MULLER, MOORE, MARTIN & MITCHELL

ZONING COMMITTEE                             IVORY L. YOUNG, JR., CHAIR

ZRB SUMMARY REPORT – SEE ATTACHED LIST  

ORDINANCE FOR SECOND READING

09O1628( 1)            An Ordinance by Zoning Committee to amend Ordinance U-

U-97-3                         97-3, as adopted by the City Council on June 1, 2009 and approved by the Mayor on June 9, 2009, for the purposes of approving a transfer of ownership for a Special Use Permit for a Day Care Center for property located at 862 Hollywood Road, NW; and for other purposes.

FAVORABLE

ORDINANCES FOR FIRST READING

09O1697( 1)            An Ordinance by Zoning Committee granting a Special Use

U-09-16                       Permit for a Personal Care Home pursuant to Section 16-06.005 (l)(g) for property located at 350 Schoen Street, SE fronting approximately 108.5 feet on the north side of Schoen Street at the southwest corner of the intersection of Schoen Street and Charleston Avenue.

Depth: Approximately 170 feet

Area:               0.42 acre

Land Lot:        39, 14^th District, Fulton County, Georgia

Owner:            Annie L. Barber

Applicant:       Annie L. Barber

NPU-Y                                                           Council District 1

TO BE REFERRED TO ZRB AND ZONING COMMITTEE

09O1698( 2)            An Ordinance by Zoning Committee to rezone property from

Z-09-32                       the R-5 (Single Family Residential) District to the MR-3 Multi-Family Residential) District, property located at 100 Hutchinson Street, NE, fronting approximately 141 feet on the east side of Hutchinson Street beginning 21.23 feet from the southeast corner of LaFrance Street.

Depth: Approximately 54 feet

Area:               0.192 acre

Land Lot:        209, 15^th District, DeKalb County, Georgia

Owner:            Steven Scott West

Applicant:       Steven Scott West

NPU-O                                                           Council District 5

TO BE REFERRED TO ZRB AND ZONING COMMITTEE

09O1699( 3)            An Ordinance by Zoning Committee designating the Imperial

Z-09-33                       Hotel, located at 355 Peachtree Center Avenue, NE, Land Lot 50, of the 14^th District of Fulton County, Georgia and certain real property on which it is located, to the overlay Zoning Designation of Landmark Building of Site pursuant to Chapter 20 of the Zoning Ordinance of the City of Atlanta and Rezoning from SPI-1 (SA1)/HBS (Special Public Interest District-1, Subarea 1/Historic Building or Site) to SPI-1 (SA1)/LBS (Special Public Interest District-1, Subarea 1/Landmark Building or Site); to repeal conflicting laws; and for other purposes.

TO BE REFERRED TO ZRB AND ZONING COMMITTEE

PAPERS HELD IN COMMITTEE

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

06O0007( 2)            An Ordinance by Councilmember Carla Smith

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

06O0022( 3)            An Ordinance by Councilmember Carla Smith

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

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

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

Depth: Varies

Area:               Approximately 8.719 Acres

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

Owner:            Jack and Harvey Taffel

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

NPU-Y                                               Council District 1

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

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

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

Depth: Varies

Area:               Approximately 27 Acres

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

Owner:            Atlanta Neighborhood Development Partnership

Applicant:       Marvin Greer

NPU-H                                                           Council District 10

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

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

NPU-H                                                           Council District 1

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

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

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

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

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

Depth: Approximately 1,010 Feet

Area:               Approximately 10.32 Acres

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

Owner:            JWGST LLC/Joseph Wiles

Applicant:       Jason Fritz

NPU-Y                                                           Council District 1

08O1142(11)           An Ordinance by Zoning Committee to rezone from the I-1

Z-08-38                       (Light Industrial)/BeltLine Overlay District to the R-4B (Single-Family Residential)/BeltLine Overlay District, property located 680 Drewry Street, NE, fronting approximately 69.99 feet on the north side of Drewry Street, beginning 190 feet from the northwest corner of Ponce Place.  (Held 9/30/09)

Depth: Approximately 153 Feet

Area:               0.25 Acre

Land Lot:      17, 14^th District, Fulton, County, Georgia

Owner:            Seven Homes, LLC.

Applicant:       William L. Stephenson

NPU-F                                                Council District 6

08O2125(12)           A Substitute Ordinance by Zoning Committee to rezone from

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

Depth:             Varies

Area:               Approximately 1.75 Acres

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

Owner:            George Rohrig

Applicant:       Joseph Alcock

NPU-W                                              Council District 1

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