CITY UTILITIES COMMITTEE

CITY UTILITIES COMMITTEE

FEBRUARY 10, 2009

A.        ADOPTION OF AGENDA

B.        APPROVAL OF MINUTES

C.        COMMENTS FROM THE PUBLIC

CONSENT

D.        ORDINANCES FOR FIRST READING

09O0214 ( 1)            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 17^th District, Fulton County, Georgia; and for other purposes.

09O0215 ( 2)            An Ordinance by City Utilities Committee amending the 2009 (Water and Sewer Renewal and Extension Fund) Budget by adding to anticipations and appropriations in an amount of $50,000.00 for a “Pass Through” Grant Award from the Georgia Environmental Protection Division for the construction of GreenGrid Roof System at the Woodruff Arts Center: and for other purposes.

REGULAR

E.         ORDINANCES FOR SECOND READING

09O0269 ( 1)            An Ordinance by Councilman C. T. Martin authorizing an easement to the Johnnie B. Moore Towers, Inc., and Johnnie B. Moore Towers II, Inc., for the purposes of grading, fencing, utilities and landscaping across a portion of Center Hill Avenue north of Donald Lee Hollowell Parkway; and for other purposes.

09O0274 ( 2)            An Ordinance by Councilmember Joyce M. Sheperd to rename Fulton Boulevard, SW where it intersect with Estes Avenue, SW and Lakewood Avenue, SW where it intersect with Murphy Avenue, SW to Estes Avenue, SW; to waive various subsections of Section 138-8 of the Code of Ordinances of the City of Atlanta; and for other purposes.  (To be advertised for a Public Hearing)

F.         RESOLUTIONS

09R0216 ( 1)            A Resolution by City Utilities Committee authorizing the Mayor to enter into Amendment Agreement No. 2 with Full Circle Communications, Inc., for FC-6007000064, Annual Contract for Public Relations and Media Campaign, on behalf of the Department of Public Works, to pay final invoices in an amount not to exceed $45,246.20, with all contracted work being charged to and paid from Fund, Account and Center Number:  7701 (Trust Fund) 130201 (DPW Solid Waste Administration) 5212001 (Consultant/Prof. Services) 4100000 (Public Works Administration) 600099 (Solid Waste Management Program) 69999 (Funding Source for Non-Capital); and for other purposes.

09R0217 ( 2)            A Resolution by City Utilities Committee authorizing the Mayor to execute Amendment Agreement No. 4 with Stewart Bros., Inc., for FC-3005007849A, Annual Asphalt Resurfacing and Milling Contract, on behalf of the Department of Public Works, in an amount not to exceed $264,318.46; with all contracted work be charged to and paid from Fund, Department and Account Number listed; and for other purposes.

G.        PAPERS HELD IN COMMITTEE

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

07R1214 ( 2)            A Resolution by City Utilities Committee authorizing the Mayor to issue a Notice to Proceed to Jacobs/PRAD/PBS & J, Joint Venture, for FC-7619-03D, Annual Contract for Architectural and Engineering Services, White Paper Study for the Policy Level Analysis of Security Options for Drinking Water Assets, in an amount not to exceed $48,250.48; all contracted work will be charged to and paid from Fund,

Account and Center Number:  2J01 (Water & Wastewater Revenue Fund) 524001 (Consultant/Professional Services) Q12001 (Watershed Security); and for other purposes. (Held 6/12/07 at the request of Councilmember Shook for further review.)

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

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

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

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

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

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

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

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

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

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

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

08O1922 (14)           An Ordinance by City Utilities Committee authorizing the Mayor to enter into an Agreement to allow Vulcan Materials Company, LP to access the property known as the Bellwood Quarry to fulfill its reclamation obligations to the State of Georgia and the City of Atlanta; and for other purposes.  (Held 10/28/08 at the request of the department.)

08O2139 (15)           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 (16)           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.)

08R2163 (17)           An Amended Resolution by City Utilities Committee authorizing the Mayor to enter into a Lease Agreement with LAZ Parking Limited, LLC, on behalf of the Department of Watershed Management; for the lease of real property at 135 Forsyth Street, SW; providing the terms of such agreements, directing the City Attorney to prepare and approve as to form all necessary documents; and for other purposes.  (Amended and held 11/10/08 at the request of the Department of Watershed Management.)

08R2419 (18)           A Resolution by City Utilities Committee authorizing the Mayor to enter into an appropriate contractual agreement with,                                    , for FC-4750 Automation of Hemphill Chattahoochee Water Treatment Plants on behalf the Department of Watershed Management, in an amount not to exceed                                            that all services for said contracted work shall be charged to and paid from                                            (to built by Finance Department); and for other purposes.  (Held 12/9/08 for further review.)

09C0118 (19)           A Communication by Mayor Shirley Franklin appointing Ms. Katrice Hatten to serve as a member of the People TV Board of Directors for the City of Atlanta.  This appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation. (Held 1/27/09 awaiting Ms. Hatten to appear before the committee.)

H.        REQUESTED ITEM

1.         Councilmember Muller requested the Department of Watershed Management present to the committee a discussion on storm water at some date in the future.

AGENDA

ZONING COMMITTEE

ZONING COMMITTEE

AGENDA

WEDNESDAY, FEBRUARY 11, 2009

A.        ADOPTION OF AGENDA

B.                 APPROVAL OF MINUTES

C.                 ZRB SUMMARY REPORT

D.                ORDINANCE FOR SECOND READING

09O0210 ( 1)            An Ordinance by Zoning Committee authorizing the Mayor or

Z-08-71                       her designee to amend Ordinance Number 08-O-1898/Z-08-71 by correcting the Zoning Designation in Section 1, to reflect the conditional zoning based on the conditions that were adopted by the Council on December 1, 2008 and approved by the Mayor on December 9, 2008; and for other purposes.

E.                 ORDINANCE FOR FIRST READING

09O0261 ( 1)            An Ordinance by Zoning Committee to amend Ordinance U-96-

U-96-31/U-79-29         31/U-79-29, as adopted by the City Council on November 19, 1979 and approved by the Mayor per Section 2-403 of the 1974, Charter for a Special Use Permit, for the purposes of approving a Transfer of Ownership for a Special Use Permit for a Day Care Center for property located at 1860 North Avenue, NW; and for other purposes.

F.                  PAPERS HELD IN COMMITTEE

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

06O0007 ( 2)            An Ordinance by Councilmember Carla Smith

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

06O0022 ( 3)            An Ordinance by Councilmember Carla Smith

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

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

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

Depth:  Varies

Area:                Approximately 8.719 Acres

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

Owner: Jack and Harvey Taffel

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

NPU-Y                                                Council District 1

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

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

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

Adamsville Drive.  (Held 5/2/07 at the request of Councilmember of the District)

Depth:  Varies

Area:                Approximately 27 Acres

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

Owner: Atlanta Neighborhood Development Partnership

Applicant:         Marvin Greer

NPU-H                                                            Council District 10

07O2308 ( 7)            An Ordinance by Zoning Committee to rezone

Z-06-113                     from the SPI-6 (Poncey Highland Special Public Interest) District to the C-1 (Community Business) District, property located at 863 Ponce de Leon (rear), NE, fronting approximately 63 feet on the east side of Barnett Street, beginning 150 feet from the westerly corner of Barnett Street and Ponce de Leon Avenue.  (Filed by ZRB and Zoning Committee 5/20.07) (Referred by back by Full Council 6/4/07) (Held 6/13/07)

Depth:  Approximately 74 Feet

Area:                Approximately 0.861 Acre

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

Owner: Robert T. Budd

Applicant:         Kevin A. Ross

NPU-N                                                            Council District 2

06O1888 ( 8)            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)

NPU-H                                                            Council District 1

07O2594 ( 9)            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 (10)           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)

08O1009 (11)           An Ordinance by Community Development/Human

CDP-08-22                  Resources Committee to amend the Land Use Element of the City of Atlanta 2008 Atlanta Strategic Action Plan (ASAP) so as to re-designate property that is located at 1040 Grant Street, from “Industrial” Land Use Designation to “Mixed Use” Land Use Designation; and for other purposes. (Public Hearings held 6/9/08 and 9/8/08) (Favorable by CD/HR Committee 9/9/08)  (Favorable by Zoning Committee 9/10/08) (Referred back by Full Council 9/15/08) (Held 10/1/08)

NPU-W                                                           Council District 1

08O0838 (12)           An Ordinance by Councilmember Ivory L. Young,

Z-08-20                       Jr. as amended by Zoning Committee to rezone from the I-1 (Light Industrial) District to the MRC-3-C (Mixed Residential-Commercial-Conditional) District, property located at 1040 Grant Street, SE, fronting approximately 194.5 feet on the east side of Grant Street at the intersection of Grant Circle. (Favorable by

Zoning Committee 9/10/08) (Referred back by Full Council 9/15/08) (Held 10/1/08)

Depth:  Approximately 360 Feet

Area:                1.57 Acres

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

Owner: David S. Stith (for Grant Street Partners)

Applicant:         Caleb Racioct (for Grant Street Partners)

NPU-W                                               Council District 1

AGENDA

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

AGENDA

TUESDAY, FEBRUARY 10, 2009

A.                 ADOPTION OF AGENDA

B.                 APPROVAL OF MINUTES

C.                 PRESENTATIONS

1.                  Project Status – Center for Civil and Human Rights (CCHR)

by Mr. Doug Shipman, Executive Director, CCHR

2.                  Proposed Casino at Underground Atlanta

by Mr. Dan O’Leary, Underground’s Operator

D.                COMMUNICATION

09C0213 ( 1)            A Communication by Clerk Mark Massey to the Fulton County Board of Commissioners to Council President Lisa M. Borders submitting the Fulton County Board of Commissioners' re-appointment of Mr. Yusuf Muwwakkil (Position 7) to serve as the County's representative on the BeltLine TAD Advisory Committee.  This re-appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.  (Second appointment to expire on 1/02/2011)

CONSENT AGENDA

E.                 ORDINANCE FOR FIRST READING

09O0218 ( 1)            An Ordinance by Community Development/Human Resources Committee amending the 2009 (Job Training Fund) Budget, Atlanta Workforce Development Agency, by adding to anticipations and appropriations in the amount of $1,403,021.00 in the Workforce Investment Act Adult Fund, from the Georgia Department of Labor, in order to fund the WIA Adult Program; and for other purposes.

REGULAR AGENDA

COMMUNITY DEVELOPMENT SECTION

F.                  ORDINANCES FOR SECOND READING

09O0127 ( 1)            An Ordinance by Community Development/Human Resources Committee to amend the 2008 City of Atlanta Strategic Action Plan by adopting “Atlanta BeltLine Master Plan Sub-Area 2: Heritage Communities of South Atlanta”; and for other purposes.

09O0128 ( 2)            An Ordinance by Community Development/Human Resources Committee to amend the 2008 City of Atlanta Strategic Action Plan by adopting “Atlanta BeltLine Master Plan Sub-Area 3: Boulevard Crossing”; and for other purposes.

09O0129 ( 3)            An Ordinance by Community Development/Human Resources Committee to amend the 2008 City of Atlanta Strategic Action Plan by adopting “Atlanta BeltLine Master Plan Sub-Area 5: Freedom Parkway”; and for other purposes.

09O0130 ( 4)            An Ordinance by Community 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.

09O0131 ( 5)            An Ordinance by Community Development/Human Resources Committee to amend the 2008 City of Atlanta Strategic Action Plan by adopting “Atlanta BeltLine Master Plan Sub-Area 9: Upper Marietta/Westside Reservoir Park”; and for other purposes.

09O0266 ( 6)            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.

09O0273 ( 7)            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.

G.                RESOLUTIONS

09R0219 ( 1)            A Resolution by Community Development/Human Resources Committee authorizing the Mayor to enter into contracts with Reynoldstown Revitalization Corporation (RRC) and University Community Development Corporation (UCDC) for Community Housing Development Organization (CHDO) Capital set-aside grant funds; to authorize the movement of funds from the reserve accounts into the service expenditure account; and for other purposes.

09R0265 ( 2)            A Resolution by Councilmembers Howard Shook and Clair Muller requesting the Department of Planning and Community Development redesign the City of Atlanta’s Comprehensive Development Plan as the CDP and not the Atlanta Strategic Action Plan (ASAP) and that all future legislation and documents related to the Comprehensive Development Plan reference such change; and for other purposes.

H.                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

07O1084 ( 7)            An Ordinance by Community Development/Human Resources Committee amending the 2007 (Intergovernmental Grant Fund) Budget by adding to anticipations and appropriations in the amount of $212,750.00 to increase the budget amount authorized by the U. S. Department of Housing and Urban Development (“HUD”) for the City of Atlanta’s Section 8 Moderate Rehabilitation Program (GA269MR0002); and for other purposes. (Held 6/12/07 at the request of the Department)

07O1474 ( 8)            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 ( 9)            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 (10)           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 (11)           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 (12)           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 (13)           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 (14)           An Ordinance by Community Development/Human Resources Committee to authorize the Mayor to direct the Department of Planning and Community Development (Bureau of Code Compliance) to take appropriate actions to clean the premises and close various structures at 2020–2060 Alison Court, SW, Atlanta, GA 30311; and for other purposes.  (Held 2/12/08 for cost information)

08O0328 (15)           An Ordinance by Community Development/Human

CDP-08-15                  Resources Committee to amend the Land Use Element of the City of Atlanta 2004-2019 Comprehensive Development Plan (CDP) so as to re-designate property that is located at 1463 LaFrance from the “Low Density Residential” Land Use Designation to the “Medium Density Residential” Land Use Designation; and for other purposes. (Held 2/26/08) (CDP Amendment Public Hearing held 3/10/08)

NPU-O                                                            Council District 5

08R0854 (16)           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)

08O1012 (17)           An Ordinance by Community Development/Human

CDP-08-25                  Resources Committee to amend the Land Use Element of the City of Atlanta 2008 Atlanta Strategic Action Plan (ASAP) so as to re-designate property that is located at 883 McDonough Boulevard, SE, from “Single Family Residential” Land Use Designation to the “Low Density Commercial” Land Use Designation; and for other purposes.  (Held 5/27/08) (Public Hearings held 6/9/08 and 9/8/08)

08O1036 (18)           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 (19)           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)

NPU-L                                                            Council District 3

08O1701 (20)           An Ordinance by Community Development/Human

CDP-08-38                  Resources Committee to amend the Land Use Element of the City of Atlanta 2008 Atlanta Strategic Action Plan (ASAP) so as to re-designate properties that are located at 767, 777, 793, and 833 Memorial Drive and 810 Old Flat Shoals Road from “Industrial” Land Use Designation to “Mixed Use-High Density” Land Use Designation; and for other purposes. (Public Hearing held 9/8/08) (Held 9/9/08)

NPU-N                                                            Council District 5

08O1702 (21)           An Ordinance by Community Development/Human

CDP-08-30                  Resources Committee to amend the Land Use Element of the City of Atlanta 2008 Atlanta Strategic Action Plan (ASAP) so as to re-designate property that is located at 903 Huff Road from “Industrial” Land Use Designation to “Mixed Use-High Density” Land Use Designation; and for other purposes. (Public Hearing held 9/8/08) (Held 9/9/08)

NPU-D                                                            Council District 9

08O1792 (22)           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)

08R1870 (23)           A Resolution by Community Development/Human Resources Committee authorizing the Mayor, or her designee, to enter into a Memorandum of Understanding and License Agreement (hereafter referred to as “Agreement”) with HomeFree USA and Freddie Mac

to implement a Workforce Home Benefit Initiative to assist City of Atlanta employees seeking homeownership; and for other purposes. (Held 9/30/08)

08O2119 (24)           An Ordinance by Community Development/Human

CDP-08-51                  Resources Committee to amend the Land Use Element of the 2008 Atlanta Strategic Action Plan (ASAP) so as to re-designate properties located at 629 Highland, 221, 229 and 235 Lampkin from the “Low Density Residential” Land Use Designations to the “Mixed Use-Low Density” Land Use Designation (Z-08-65); and for other purposes. (Held 11/12/08) (Public Hearing held 11/24/08)

NPU-M                                                           Council District 2

08O2121 (25)           A Substitute Ordinance by Community

CDP-08-53                  Development/Human Resources Committee to amend the Land Use Element of the 2008 Atlanta Strategic Action Plan (ASAP) so as to re-designate properties located at 428 Boulevard, 620 and 624 Glenwood Avenue from the “Low Density Residential” Land Use Designation to the “Low Density Commercial” Land Use Designation (Z-08-70); and for other purposes. (Held 11/12/08) (Public Hearing held 11/24/08)

NPU-W                                                           Council District 1

08O2122 (26)           An Ordinance by Community Development/Human

CDP-08-54                  Resources Committee to amend the Land Use Element of the 2008 Atlanta Strategic Action Plan (ASAP) so as to re-designate properties located at 1146 and 1152 Portland and 1131 and 1137 Glenwood Avenue from the “Low Density Residential” Land Use Designations to the “Low Density Commercial” Land Use Designation (Z-08-73); and for other purposes. (Held 11/12/08) (Public Hearing held 11/24/08)

NPU-W                                                           Council District 1

09R0132 (27)           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)

09C0115 (28)           A Communication by Mayor Shirley Franklin re-appointing Mr. Nathaniel E. Clark, III to serve as a member of the BeltLine Tax Allocation District (TAD) Advisory Committee on behalf of the City of Atlanta.  This appointment is for a term of two (2) years, beginning with the expiration of his original appointment confirmed on 11/20/06. (2nd appointment to expire 11/20/2010). (Held 1/27/09 to allow appointee the opportunity to appear before the CD/HR Committee)

09C0116 (29)           A Communication by Mayor Shirley Franklin re-appointing Mr. Terance Madden to serve as a member of the In Rem Review Board for the City of Atlanta.  This appointment is for a term of three (3) years, beginning 12/5/08, the expiration date of his previous appointment. (2nd appointment to expire 12/05/2011). (Held 1/27/09 to allow appointee the opportunity to appear before the CD/HR Committee)

09C0117 (30)           A Communication by Mayor Shirley Franklin re-appointing Mr. Quill Healey to serve as a member of the In Rem Review Board for the City of Atlanta.  This appointment is for a term of three (3) years, beginning 12/5/08, the expiration date of his previous appointment. (3^rd and final appointment to expire 12/05/2011). (Held 1/27/09 to allow appointee the opportunity to appear before the CD/HR Committee)

09C0120 (31)           A Communication by Mayor Shirley Franklin re-appointing Mr. Donald Rooney to serve as a member of the Atlanta Urban Design Commission in the Historic Preservationist Category on behalf of the City of Atlanta.  This appointment is for a term of three (3) years, beginning with the expiration of his original appointment confirmed on 11/07/05. (2^nd appointment to expire 11/07/2011). (Held 1/27/09 to allow appointee the opportunity to appear before the CD/HR Committee)

09C0121 (32)           A Communication by Mayor Shirley Franklin appointing Mr. Freddie Styles to serve as a member of the Atlanta Urban Design

Commission in the Artist Category on behalf of the City of Atlanta.  This appointment is for a term of three (3) years, scheduled to begin on the date of Council confirmation. (Held 1/27/09 to allow appointee the opportunity to appear before the CD/HR Committee)

09C0192 (33)           A Communication by Mayor Shirley Franklin appointing Mr. Aaron Watson to serve as a member of the Atlanta Housing Authority Board of Commissioners for the City of Atlanta.  This appointment is for a term of five (5) years, scheduled to begin on the date of Council confirmation. (Held 1/27/09 to allow appointee the opportunity to appear before the CD/HR Committee)

AGENDA

FINANCE/EXECUTIVE COMMITTEE

FINANCE/EXECUTIVE COMMITTEE

AGENDA

FEBRUARY 11, 2009

A.        ADOPTION OF AGENDA

B.        APPROVAL OF MINUTES

C.        DISCUSSION ITEM

Legislative Update –  Megan Middleton,

Intergovernmental Affairs Manager

REGULAR REPORT

D.        ORDINANCES FOR SECOND READING

08O0299 ( 1)            An Ordinance by Councilmember Howard Shook authorizing a Twelfth Supplemental Bond Ordinance Supplementing the restated and amended Master Bond Ordinance of the City of Atlanta Adopted on March 20, 2000, as previously Amended and supplemented, to authorize the issuance by the City of Atlanta of its Variable Rate Airport General Revenue Refunding Bonds, Series 2008A, in one or more Series, in an aggregated principal amount of not to exceed $550,000,000.00, each to bear interest in a Variable Rate Mode; to refund all or a portion of the City’s Variable Rate Airport General Revenue Refunding Bonds, Series 2003RF-B and Series 2003RF-C; to provide for a reasonably required debt service reserve; to provide for the rights of the holders of said Bonds; to make certain other covenants and agreements in connection with the issuance of such Bonds; to provide certain terms and details of said Bonds, including authorizing delegated negotiated sales of said Bonds; to provide for the execution of certain agreements relating to one or more credit and/or liquidity facilities with respect to the Series 2008A Bonds; to pay expenses relating thereto; to authorize the preparation, use and distribution of one or more preliminary and final official statements in connection with the offer and sale of the Series 2008A Bonds; to provide for the Annual Submission of certain Financial Information and Operating Data pursuant to Rule 15C2-12 of the Securities and Exchange Commission; to designate one or more underwriters and remarketing agents, and a tender and paying agent and to approve forms of various other agreements in connection with the issuance of said Bonds; providing for incidental action; providing for severability; to provide an effective date; and for other related purposes.  (Held 2/13/08 at the request of the Department of Finance pending an agreement with Bond Insurers and LOC Providers; Referred back to Finance/Executive Committee from Full Council 2/2/09.)

09O0179 ( 2)            An Ordinance by Finance/Executive Committee to correct ordinance 06-O-1657 Adopted by City Council on September 5, 2006 to anticipate and appropriate grant funds in the total amount of $7,000,000.00 from the Federal Aviation Administration’s share of Grant Agreement AIP 3-13-0008-73 to pay capital costs to construct Taxiway “V” End Around Taxiway, (Site Preparation-Phase 1) Letter of Intent (LOI) # L004-2010 Payment #1; and for other purposes.

09O0180 ( 3)            An Ordinance by Finance/Executive  Committee to correct ordinance 07-O-0009 Adopted by City Council on February 5, 2007, to anticipate and appropriate grant funds in the total amount of $10,665,924.00 from the Federal Aviation Administration per Grant Agreement 3-13-0008-74 to correctly anticipate and appropriate $8,375,119.00 from said Grant Agreement 3-13-0008-74 for payment of the Principal on the Series 2004E Passenger Facility Charge Bond and Subordinate Lien Revenue Bonds and the remaining $2,290,805.00 to Facilities Other Than Buildings and to transfer to and from appropriations the amount of $3,555,308.00 issued to construct Runway 10/28 (Runway Paving and Lighting-Plan 1); and for other purposes.

09O0181 ( 4)            An Ordinance by Finance/Executive Committee authorizing the Mayor, or her designee on behalf of the City, to accept a $50,000.00 grant from the Georgia Department of Community Affairs for the purpose of supporting the Planning and Implementation of the National Black Arts Festival for a period of twelve months; and amending the 2009 (Intergovernmental Grant Fund) Budget, Department of Parks, Recreation and Cultural Affairs, by adding to anticipations and appropriations the amount of $50,000.00, with the account numbers being provided herein; and for other purposes.

09O0271 ( 5)            An Ordinance and Charter Amendment by Councilmembers C. T. Martin, Mary Norwood, Ann 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.) approvedApril 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)

09O0272 ( 6)            An Ordinance by Councilmembers Howard Shook and Cleta Winslow authorizing the Chief Financial Officer to amend the FY 2009 (General Fund) Budget, on behalf of the Department of Law, in the amount of $500,000.00 by transferring funds from 1001 (General Fund) 200101 (NDP Reservation of Fund Appropriation) 5212005 (Litigation Expenses) 1512000 (Accounting) to 1001 (General Fund) 200101 (NDP Unallocated Citywide Employee Expenses) 5750002 (Property/Liquidation) 1540000 (Human Resources) for Litigation Expenses; and for other purposes.

E.         RESOLUTIONS

09R0256 ( 1)            A Resolution by Finance/Executive Committee authorizing the Mayor to execute Change Order No. 4 with M. C. Dean, Inc. for Contract No. FC-7687-04, Security Access Control System, on behalf of the Department of Aviation, in an amount not to exceed $628,457.00, for Operation and Maintenance (O&M) Services for a second year of the contract; all contracted work will be charged to and paid from FDOA: 5501 (Airport Revenue Fund) 180313 (Aviation Security) 5213001 (Consulting/Professional) 7563000 (Airport); and for other purposes.

09R0257 ( 2)            A Resolution by Finance/Executive Committee authorizing the Chief Procurement Officer to utilize the GSA Schedule Contract GS-07F-6099 with Ahura Scientific, Inc. for the purchase of First Defender XLS3 on behalf of the Department of Aviation in an amount not to exceed $39,000.00.  All purchased equipment shall be charged to and paid from Fund, 5502 (Airport Revenue Fund), Department 240432 (SWAT/Bomb/Canine Squad), Expenditure 5421003 (Non-Motorized Equipment), Functional Activity 3290000 (Airport); and for other purposes.

09R0258 ( 3)            A Resolution by Finance/Executive Committee authorizing the Chief Procurement Officer to utilize the GSA Schedule Contract GS-07F-0280T with Envision Product Design, LLC for the purchase of the Open Vision LT-S System on behalf of the Department of Aviation in an amount not to exceed $56,339.40.  All purchased equipment shall be charged to and paid from FDOA, 5502 (Airport Revenue Fund), Department 240432 (SWAT/Bomb/Canine Squad), Expenditure 5421003 (Non-Motorized Equipment), Functional Activity 3290000 (Police); and for other purposes.

09R0259 ( 4)            A Resolution by Finance/Executive Committee authorizing the Chief Procurement Officer to utilize the State of Georgia, Georgia Technology Contract #980-280008 for the purchase of a Motorola Turnkey Solution including Radios and Software for City of Atlanta, Department of Aviation; in an amount not to exceed $173,891.16.  Equipment purchased will be charged to and paid from FDOA 5502 (Airport Renewal and Extension Fund), Department 180107 (Department of Aviation, Aviation Information Services), Expenditure 5410001 (Consulting/Professional Services), Functional Activity 7563000 (Airport); and for other purposes.

09R0260 ( 5)            A Resolution by Finance/Executive Committee authorizing the Chief Procurement Officer to utilize GSA Contract #GS-35F-0195J for the renewal of Cisco’s Smartnet Support Agreement from CDW Government, Inc. for the City of Atlanta, Department of Aviation; in an amount not to exceed $343,100.94.  The software and support purchase will be charged to and paid from FDOA 5502 (Airport Renewal and Extension Fund), Department 180107 (Department of Aviation, Aviation Information Services), Expenditure 5424004 (Software +5,000), Functional Activity 7563000 (Airport); and for other purposes.

09R0263 ( 6)            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 effect 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.

09R0264 ( 7)            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.

09R0267 ( 8)            A Resolution by Councilmembers Howard Shook, Carla Smith and Clair Muller authorizing the Mayor to enter into an Agreement with Aon Consulting to conduct a Classification and Compensation Study for the Departments of Aviation and Watershed Management pursuant to City Code Section 2-1191.1, Special Procurements, on behalf of the Department of Human Resources, in an amount not to exceed $400,000.00 to be charged to and paid from the following Funds, Department Organization, Account Numbers and Functions: 5051 (Water & Waste Water Revenue Fund) 220202 (DHR Human Resources Management) 5212001 (Consulting/Profession Services) 1540000 (Human Resources) and 5501 (Airport Revenue Fund) 220101 (DHR Commissioner of Human Resources) 5212001 (Consulting/Professional Services) 1540000 (human Resources); and for other purposes.

09R0268 ( 9)            A Resolution by Councilmembers Felicia A. Moore and Joyce M. Sheperd of the Council of the City of Atlanta requesting that the proposed Office of Urban Planning in President Obama’s Administration have an Advisory Group to help guide that Office in its efforts to provide assistance to our nation’s urban areas; and for other purposes.

09R0270 (10)           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.

F.         PAPERS HELD IN COMMITTEE

06R1667 ( 1)            An Amended Resolution by Finance/Executive Committee authorizing the Mayor to execute a Master Agreement with TDC Systems Integration, Inc., for FC-6006007881, for Citywide On-call Services for Information Technology Staffing; authorizing the Chief Information Officer of the Department of Information Technology, the Director of Information Technology of the Department of Watershed Management and the Aviation Information Systems Director of the Department of Aviation, to execute all statements of work; all contracted work will be charged to and paid from Various Fund, Account and Center Numbers; not to exceed $400,000.00 per year for each Department, specifically Watershed Management, Aviation and Information Technology, with the total cost not to exceed $1,200,000.00; and for other purposes.  (Amended and held 8/16/06 at the request of the Committee to allow time pending additional review.)

07O0138 ( 2)            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.)

07O0623 ( 3)            An Ordinance by Councilmember Jim Maddox to provide for the Annexation of 4505 Birdie Lane, SW, Atlanta, Georgia, 30331, 0.404 acre of land located in Land Lot 61 of the 14^th District of Fulton County to the Corporate Limits of the City of Atlanta, Georgia; to provide for the notification of the Department of Community Affairs of the State of Georgia of such annexation; and for other purposes.  (Held 3/38/07 to ensure annexation procedures are executed appropriately.)

07O0968 ( 4)            An Ordinance by Councilmember Jim Maddox to provide for the Annexation of land known as the Orkney/Lanark Drive Community to the corporate limits of the City of Atlanta; to provide for the notification of the Department of Community Affairs; and for other purposes.  (Held 5/16/07 due to State requirement.)

07O0974 ( 5)            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.)

07O1087 ( 6)            A Substitute Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer to allow the City to impose a verification/convenience fee in the amount of $4.50 on credit cards users, on-line payment users, electronic check users, or interactive voice response users submitting payments for fees and/or fines imposed by the City of Atlanta such as those associated with Traffic Enforcement and Water and Wastewater City Services; to recover the cost the City pays to third-party vendors to process such payments; all collected funds will be deposited into various Fund, Account and Center Numbers; and for other purposes.  (Held 6/13/07 for NPU notification and Public Hearing 8/1/07; Referred from Full Council 8/20/07; Held 8/29/07 by the Department of Finance for additional clarification.)

07R1904 ( 7)            A Resolution by Councilmembers Joyce Sheperd and C. T. Martin that encourages members of the United States Congress to support the Employee Free Choice Act which authorizes the National Labor Relations Board to certify a union as the bargaining representative when a majority of employees voluntarily sign authorizations designating that union to represent them.  (Held 9/12/07 for further review and clarification on how this impacts the City.)

07R2138 ( 8)            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 ( 9)            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.)

08O0295 (10)           An Ordinance by Councilmembers H. Lamar Willis, C. T. Martin, Felicia A. Moore, Natalyn Archibong, and Ivory Lee Young, Jr. to rescind Ordinance 07-O-2410; and for other purposes.  (Held 2/13/08 pending information from the Department of Personnel and Human Resources.)

08O0402 (11)           A Substitute Ordinance by Finance/Executive Committee authorizing the Chief Procurement Officer to purchase property located at 207/211 Vine Street, N. W., and 601/605 Spencer Street, N. W., Atlanta, Georgia 30314; to provide for the appraisal of the property; to obtain title reports; to negotiate the purchase price of the property; to authorize the use of legal proceedings if necessary to obtain the property; to accept funds in the amount of $725,000.00 plus funds for other expenses from the Atlanta Development Authority to be applied towards the purchase of the property; and for other purposes.  (Substituted and held 3/12/08.)

08R0510 (12)           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 (13)           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 (14)           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 (15)           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 (16)           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 (17)           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 theCity 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 (18)           An Ordinance by Councilmember Howard Shook to amend Chapter Two, Article II, Division 2, Subdivision I, Section 2-69 (Entitled, “Quorum; vote required for passage of legislation.”) and Chapter Two, Article II, Division 2, Subdivision II, Section 2-96(c) (Entitled, “Presence at Meetings; Voting on Questions.”) of the Code of Ordinances of the City of Atlanta, so as to require an affirmative vote of two-thirds of the total membership of the City Council to approve any Ordinance that would result in new fees and taxes or an increase in existing taxes, fees, or bond indebtedness; and for other purposes.  (Referred back by Council 7/7/08; Held 7/16/08 per the Committee for further review.)

08O0834 (19)           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.

08O1233 (20)           An Ordinance by Councilmembers Felicia A. Moore, Carla Smith, Joyce M. Sheperd, H. Lamar Willis, C. T. Martin, Natalyn Archibong, Ivory Lee Young, Jr., Ceasar C. Mitchell, Howard Shook, Clair Muller and Kwanza Hall to require notice in City Contracts regarding the requirements for Legislative Authorization in advance of rendering services or demand for payment; and for other purposes.  (Held 6/11/08 at the request of the Committee to allow Law Department to provide additional information.)

08O1545 (21)           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.  (Held 7/30/08 by the Committee to forward to the Pension Board for review.)

08O1546 (22)           An Ordinance by Councilmembers Felicia A. Moore, Ceasar Mitchell, Cleta Winslow, Joyce M. Sheperd, Mary Norwood, C. T. Martin, H. Lamar Willis, Natalyn Archibong, Clair Muller, Jim Maddox, Ivory Lee Young, Jr. and Kwanza Hall to amend the FY 2009 (General Fund) Budget to re-establish the Department of Fire and Rescue Special Operations Squad by transferring appropriations from various non-personnel accounts yet to be determined, to the Department of Fire and Rescue Budget Fund, Department, Account and Organization Number; and for other purposes.  (Held 7/30/08 by the Committee for further review.)

08O1586 (23)           An Ordinance by Finance/Executive Committee authorizing a Thirteenth Supplemental Bond Ordinance Supplementing the Restated and Amended Master Bond Ordinance of the City of Atlanta Adopted on March 20, 2000 (99-O-1896), as Amended and Supplemented by the First Supplemental Bond Ordinance of the City of Atlanta Adopted on March 30,2000 (00-O-0214), the Second Supplemental Bond Ordinance of the City of Atlanta Adopted on October 7, 2002 (02-O-1463), the Amended and Restated Third Supplemental Bond Ordinance of the City of Atlanta Adopted on May 19, 2003 (03-O-0772), the Fourth Supplemental Bond Ordinance of the City of Atlanta Adopted on June 2, 2003 (03-O-0835), the Fifth Supplemental Bond Ordinance of the City of Atlanta Adopted on September 15, 2003 (03-O-1448), the Sixth Supplemental Bond Ordinance of the City of Atlanta Adopted on November 17, 2003 (03-O-1871), the Seventh Supplemental Bond Ordinance of the City of Atlanta Adopted on April 19, 2004 (04-O-0431), and the Eighth Supplemental Bond Ordinance of the City of Atlanta Adopted on October 18, 2004 (04-O-1811), the Ninth Supplemental Bond Ordinance of the City of Atlanta Adopted on October 3, 2005 (05-O-1717), the Tenth Supplemental Bond Ordinance of the City of Atlanta Adopted on April 17, 2006 (06-O-0551), the Eleventh Supplemental Bond Ordinance of the City of Atlanta Adopted on April 17, 2006 (06-O-0552), and the of the City of Atlanta Adopted on February 18, 2008 (08-O-0216), to provide for the issuance of Airport Limited Obligation Bond Anticipation Notes, to provide funds to finance or refinance, in whole or in part on an interim basis,

the cost of the Planning, Engineering, Design, Acquisition and Construction of certain improvements to Hartsfield-Jackson Atlanta International Airport, and to pay expenses relating thereto; to authorize and approve the preparation, use and distribution of an official statement in connection with the offer and sale of the Bond Anticipation Notes; to provide for the form of the Bond Anticipation Notes and for the execution of the Bond Anticipation Notes; to provide for the place of payment of the Principal of and Interest on the Bond Anticipation Notes; to amend certain provisions of the Restated and Amended Master Bond Ordinance relating to maintenance of the Debt Service Reserve requirement and conditions for issuance of additional Bonds; and for other purposes.  (Held 9/10/08 at the request of the Department of Finance pending additional information.)

08O1688 (24)           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 (25)           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 (26)           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.)

08R2108 (27)           A Resolution by Finance/Executive Committee authorizing the Mayor or her designee to enter into a Contractual Agreement with Iron Mountain to provide for the Removal of all Records from City Hall East and to store the City’s Records in accordance with the various approved retention schedules; said expenses associated with this contract shall be charged to 1001 (General Fund) 200313 (NDP Records Management) 5212001 (Consultant/Professional Services) 1580000; and for other purposes.  (Held 10/29/08 for further review and a substitute with additional information.)

08O2135 (28)           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.)

08O2257 (29)           An Ordinance by Councilmember C. T. Martin to amend Article “V” Classification Plan, Section 114-477, of the Code of Ordinances, City of Atlanta, Georgia, so as to create a Classification and Position of Economist; and for other purposes.  (Held 11/12/08 per Committee for discussion by CFO with the author and for further review.)

08O2406 (30)           An Ordinance by Finance/Executive Committee, a Fourteenth Supplement Bond Ordinance, supplementing the restated and amended Master Bond Ordinance of the City of Atlanta adopted on March 20, 2000 (99‑O‑1896), as previously amended and supplemented, particularly as supplemented specifically by that certain amended and restated Third Supplemental Bond Ordinance of the City of Atlanta adopted on May 19, 2003 providing for, among other things, the issuance and delivery of the City of Atlanta Variable Rate Airport General Revenue Refunding Bonds Series 2003RF‑B and the City of Atlanta variable Rate airport general revenue refunding Bonds Series 2003RF‑c; to authorize the cancellation of the existing MBIA Financial Guaranty Insurance Policy insuring said Series 2003RF Bonds and approving the form and authorizing the execution

of a Cancellation Agreement; to authorize the acceptance by the City of a commitment to issue a Financial Guaranty Insurance Policy from Assured Guaranty Corp. and approving the form and authorizing the execution of an Insurance and Indemnity Agreement; to provide for a revised form of said Series 2003RF Bonds and for the execution of said Series 2003RF Bonds; to approve the form and authorize the execution of amendments to standby Bond Purchase Agreements between the City and the banks providing liquidity support for said Series 2003RF Bonds; to authorize the termination of the Interest Rate Exchange Agreements between the City and certain counterparties in connection with said Series 2003RF Bonds and approving the form and authorizing the execution of such other instruments and documents necessary or desired in connection with the termination of such Interest Rate Exchange Agreements; granting the Mayor the authority to approve and execute such other instruments and documents necessary or desired in connection with the cancellation of the MBIA Financial Guaranty Insurance Policy and the substitution of the Financial Guaranty Insurance Policy from Assured Guaranty Corp. and providing for incidental action; authorizing certain officials and employees of the City to take all actions required in connection with the cancellation of the MBIA Financial Guaranty Insurance Policy and the substitution of the Financial Guaranty Insurance Policy from Assured Guaranty Corp.; providing certain other details with respect thereto; providing for severability; providing an effective date; and for other purposes.  (Held 1/14/09 at the request of the Committee.)

09O0097 (31)           An Ordinance by Councilmember Ivory Lee Young, Jr. as Substituted and Amended by Finance/Executive Committee modifying Atlanta Code of Ordinances Section 110-3, Subsection (a)(4), to add a Recreation Center Rental Surcharge, to be applied to rentals during non-regular facility hours, for the purpose of covering personnel costs of City Staff opening and staffing the center during the rental; and for other purposes.  (Held 1/14/09 at the request of the Committee for review by NPU’s and for a Public Hearing.)

09O0098 (32)           An Ordinance by Councilmember Howard Shook rescinding all permits given by the City of Atlanta regarding 4141 Wieuca Road; and for other purposes.  (Held 1/14/09 at the request of the Committee.)

09R0182 (33)           A Resolution by Finance/Executive Committee authorizing the Chief Procurement Officer to utilize the State of Georgia Contract GTA000119 with Ricoh Americas Corporation for the lease of four (4) MP3350SPF Copiers/Printers for a period of thirty-six (36) months in an amount not to exceed $57,140.64 with all contracted work being charged to and paid from FDOA: 5401 (Solid Waste Services Revenue) 130201 (DPW Solid Waste Administration) 5222002 (Repair & Maintenance); and for other purposes.  (Held 1/28/09 per the Committee for answers to member questions.)

09R0183 (34)           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 (35)           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.)

G.        ITEM(S) NOT ON THE AGENDA

H.        ADJOURNMENT

AGENDA

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

PUBLIC SAFETY

AND

LEGAL ADMINISTRATION COMMITTEE

AGENDA

FEBRUARY 10, 2009

A.        ADOPTION OF AGENDA

B.        APPROVAL OF MINUTES

C.        DISCUSSION ITEM

Performance Audit: Traffic Tickets – Leslie Ward, City’s Internal Auditor

CONSENT

D.        RESOLUTIONS

Claims with favorable recommendations:

09R0220 ( 1)            Claim of Silver Sky, LLC, c/o David Jones, for property damages alleged to have been sustained when a building was compromised during a sidewalk installation project in August 2008 at 1027 Monroe Drive, NE.                                                                                                $600.00

09R0221 ( 2)            Claim of Kathryn and Mark McKinley, for vehicular damages alleged to have been sustained from driving over a construction site that had failed and was causing a sinkhole on October 9, 2008 at 1885  Piedmont Road, NE.                                                                $704.52

09R0223 ( 3)            Claim of Joyce Benton, for vehicular damages alleged to have been sustained after driving over a water valve that was damaged and exposed during a road paving project on September 13, 2008 at Perry Boulevard and Sanford Drive.                                                   $808.29

09R0224 ( 4)            Claim of Lisa Johnson, through her attorney, Christopher Simon, for damages alleged to have been sustained as a result of a vehicular accident on August 25, 2008 at Campbellton Road and Butner Road.                                                                                                $2,700.00

09R0225 ( 5)            Claim of Victor Simpson, through his attorney, Christopher Simon, for damages alleged to have been sustained as a result of a vehicular accident on August 25, 2008 at Campbellton Road and Butner Road.                                                                                                $2,900.00

09R0226 ( 6)            Claim of Michael Slade, through his attorney, Christopher Simon, for damages alleged to have been sustained as a result of a vehicular accident on August 25, 2008 at Campbellton Road and Butner Road.                                                                                                $3,000.00

09R0227 ( 7)            Claim of State Farm Insurance Companies, as subrogee of Tyreal Lewis, for property damages alleged to have been sustained due to an automobile accident on July 10, 2008 at Marietta Street, NW and Northside Drive, NW.                                                              $3,155.66

09R0228 ( 8)            Claim of State Farm Insurance Companies, as subrogee of Kenneth Lovell, Jr., for damages alleged to have been sustained as a result of an automobile accident on September 29, 2008 at 743 Confederate Avenue, SE and Ormewood Avenue, SE.                                 $4,063.23

09R0229 ( 9)            Claim of Regina Todd, through her attorney, William F. Heitmann, III, for damages alleged to have been sustained as a result of an automobile accident on August 7, 2008 at Sunset Street and Central Avenue.                                                                                    $8,000.00

Claims with unfavorable recommendations: 

09R0230 (10)           Claim of Richard Jimenez, for damages alleged to have been sustained as a result of a request for refund of the deposit made for a fire hydrant installation on August 11, 2008 at 651 14^th Street, NW.

09R0231 (11)           Claim of James and Beverly Ellis, through their attorneys, Martin & Jones, for property damages alleged to have been sustained from a sewer backup on July 12, 2008 at 1812 Brewer Boulevard, SW.

09R0232 (12)           Claim of Nancy J. Davis, for damages alleged to have been sustained due to driving over a tool that was left in the roadway during a construction project on November 2, 2007 at 4362-4291 Wieuca Road, NE.

09R0233 (13)           Claim of American President Lines, Ltd., through its attorney, Stephen M. Reams, Esq., Stites & Harbison, for property damages alleged to have been sustained from flooding on an unspecified date at 2003 Marietta Road.

09R0234 (14)           Claim of Karon Scott, through her attorney, Lawrence A. Silverman, Esq., Kenneth S. Nugent, P.C., for bodily injuries alleged to have been sustained from a slip-and-fall incident on July 28, 2008 at Hartsfield-Jackson Atlanta International Airport, 8700 Spine Road.

09R0235 (15)           Claim of Ines and Kenneth Walcott, on behalf of their minor child, Ian Walcott, though their attorney, Daniel A. Ragland, Esq., Ragland & Jones, LLP, for bodily injuries alleged to have been sustained from an escalator injury on July 28, 2008 at Hartsfield-Jackson Atlanta International Airport, 8700 Spine Road.

09R0236 (16)           Claim of CROCS, Inc., through its attorney, Kimberly A. Smiley, Esq., Wheeler Trigg Kennedy LLP, for damages alleged to have been sustained when a child’s shoe became entrapped in an escalator on July 30, 2008 at 8700 Spine Road, Hartsfield-Jackson Atlanta International Airport.

09R0237 (17)           Claim of Herman and Carladenise Edwards, on behalf of their minor child, William Edwards, through their attorney, Daniel A. Ragland, Esq., Ragland & Jones, LLP, for bodily injuries alleged to have been sustained from an escalator injury on July 29, 2008 at Hartsfield-Jackson Atlanta International Airport, 8700 Spine Road.

09R0328 (18)           Claim of Annie Boone, for vehicular damages alleged to have been sustained from driving through a road striping project on December 3, 2008 at 2190 Cascade Avenue, SW.

09R0239 (19)           Claim of Reba Jones, for vehicular damages alleged to have been sustained from a police search-and-seizure incident on September 18, 2008 at 2185 Martin Luther King, Jr., Drive.

09R0240 (20)           Claim of Joshua Cooper, for damages alleged to have been sustained when a vehicle drove over a sinkhole in the road on October 8, 2008 at 3109 Piedmont Road, NE.

09R0241 (21)           Claim of Joel Murovitz, through his attorney, Annette Kerlin McBrayer, Esq., Epstein Becker & Green, P.C., for damages alleged to have been sustained due to the existence of two sanitary sewer lines located underneath a residence on October 16, 2007 at 940 Austin Avenue, SE.

REGULAR

E.         ORDINANCES FOR SECOND READING

09O0177 ( 1)            An Ordinance by Public Safety and Legal Administration Committee amending the 2008 (Intergovernmental Grant Fund) Budget, Department of Police (“Department”), by adding to anticipations and appropriations, the amount of $4,500.00 for a grant from the Governor’s Criminal Justice Coordinating Council to fund one member of the Department’s Command Staff to attend the 2008 Georgia International Law Enforcement Exchange (GILEE), to receive Anti-Terrorism Training in Israel; and for other purposes.

09O0178 ( 2)            An Ordinance by Public Safety and Legal Administration Committee amending the 2009 (Intergovernmental Grant Fund) Budget, Departments of Police, Fire and Rescue and Watershed Management, by adding to anticipations and appropriations, the amount of $4,208,999.16 from the United States Department of Homeland Security (DHS), Office for Domestic Preparedness (ODP), Urban Areas Security Initiative (UASI), to aid the City of Atlanta’s ongoing efforts to protect itself from terrorist attacks; and for other purposes.

09O0204 ( 3)            An Ordinance by Public Safety and Legal Administration Committee to Amend Chapter 162, Article II, Division 2, Section 162-61(d) of the Code of Ordinances of the City of Atlanta, Georgia, so as to authorize the sale of Vehicle for Hire CPNC’s by the City of Atlanta in accordance with the provisions of the Procurement and Real Estate Code; to repeal conflicting ordinances; and for other purposes.

F.         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)

07O0249 ( 3)            An Ordinance by Councilmembers Kwanza Hall and Cleta Winslow authorizing the Mayor or her designee to grant an exemption to the City’s Distance Requirements for on-premise consumption of alcohol and the sale of wine by the package on the 300 block of Walker Street.  (Held 2/13/07 for further review)

07R0545 ( 4)            Claim of Nancy Montgomery, for damages alleged to have been sustained as a result of a water main break during the installation of a sidewalk on June 6, 2006 at 2340 Hurst Drive, NE. (Referred back from Council 4/16/07) (Held 5/1/07 at the request of Councilmember Shook)

07O1525 ( 5)            An Ordinance by Councilmember Joyce Sheperd to amend Section 122-172 under Chapter 122, Article V, Division 2, of the Code of Ordinances, so as to provide for a review by the affected Neighborhood Planning Unit(s) whenever an application for a license to operate a Secondary Metal Recycler is submitted; and for other purposes.  (Held 7/31/07 at the request of the author for further review. 9/25/07 a motion was approved to forward to the NPU’s for review)

07O1526 ( 6)            An Ordinance by Councilmember Joyce Sheperd to amend Section 30-1503(a) under Chapter 30, Article XXV, 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 Self-Service Car Wash is submitted; and for other purposes.  (Held 7/31/07 at the request of the author for further review. 9/25/07 a motion was approved to forward to the NPU’s for review)

07O1795 ( 7)            An Ordinance by Councilmember H. Lamar Willis to establish Chapter 21 of the Code of Ordinances of the City of Atlanta entitled “Transportation of Hazardous Materials”; to create a new Article I to be entitled “Terrorism Prevention in Hazardous Materials Transportation Act of 2007,” to create a new Division 1 to be entitled “Terrorism Prevention in Hazardous Materials Transportation Act of 2007”; so as to prohibit large shipments of certain extremely hazardous materials near the City of Atlanta in an effort to reduce the risk of attacks by terrorists; to allow for the issuance of permits authorizing such shipments in special cases; to require the Mayor to issue regulations to implement the provisions of this act; and for other purposes. (Held 8/28/07 for further review.)

07O1879 ( 8)            An Ordinance by Public Safety and Legal Administration Committee to revise the City of Atlanta Code of Ordinances pertaining to secondary metal recyclers by amending the following Sections of Chapter 122, Article V, Divisions I and II; Section 122-151 (Definitions); Section 122-152 (Records Required); and Section 122-157 (Unlawful Acts); Section

122-171 (Required Application); to add the following new Sections to Chapter 122, Article V, Divisions I and II of the City of Atlanta Code of Ordinances: Section 122-158 (Daily Written Report to Police); Section 122-159 (Offenses; Defenses, Penalty); Section 122-160 (Possessor of Secondary Metals); Section 122-161 (License to Possess Secondary Metals); Section 122-162 (Revocation of License to Possess Secondary Metals); and Section 122-170 (Processing Application; Issuance of License, Possessor of Secondary Metals); to waive conflicting ordinances; and for other purposes.  (Public Hearing held on 10/30/07) (Held 10/30/07 for further review)

07R2294 ( 9)            A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to approve or reject the decision of the evaluator presiding in the early neutral evaluation process, an alternative dispute resolution process, in the matter of Veolia Water North America Operating Services, LLC v. City of Atlanta, in the U.S. District Court, Northern District of Georgia, Civil Action No. 06-CV-1457-TWT; and for other purposes. (Held 10/30/07 for further review)

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

08O0190 (11)           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 (12)           An Ordinance by Councilmember Mary Norwood to create a new Section 106-15 of the Code of Ordinances of the City of Atlanta, Georgia, to be entitled “Loitering”; and for other purposes.  (Held 3/11/08 for further review by the Law Department)

08O0824 (13)           An Ordinance by Councilmembers Ceasar C. Mitchell, Cleta Winslow, Joyce M. Sheperd, Mary Norwood, C. T. Martin, Ivory L. Young, Jr., Kwanza Hall and H. Lamar Willis to amend Article V (Entitled “Offenses by and against Minors”) of Chapter 106 of the Code of Ordinances of the City of Atlanta, Georgia, by creating a new Section 106-229 to be entitled “Day-Time Curfew” so as to impose a Day-Time Curfew on minors, ages six (6) to sixteen (16) years; and for other purposes  (Held 4/29/08 per the Department of Police to have discussion with the Atlanta Board of Education.)

08O0843 (14)           An Ordinance by Councilmember Natalyn M. Archibong amending Sections 10-1, 10-88 and 10-88.1 of the Code of Ordinances of the City of Atlanta, by adding a paragraph to define the term “Specialty Food Shop” and by adding and amending paragraphs to create distance requirements for same; and for other purposes.  (Held 4/29/08 for two week certain per the author to have a discussion with the Law Department.) (Brought forward, discussed and continued to held 12/9/08.)

08R0845 (15)           A Resolution by Councilmembers Ceasar C. Mitchell and C. T. Martin expressing the Atlanta City Council’s support and encouragement of the Atlanta Police Department increasing the number of members of the City’s Red Dog Unit from its current strength to not less than seventy-five (75) officers in order to have an effective number of personnel in order to combat street level drug trafficking; and for other purposes.  (Held per the Committee so that the Law Department can review.)

08O0884 (16)           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)

08O1211 (17)           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)

08O1230 (18)           An Ordinance by Councilmember Kwanza Hall as substituted by Public Safety and Legal Administration Committee to amend Sections 10-1, 10-62 and 10-88 to Chapter 10 of the Code of Ordinances, City of Atlanta, Georgia, so as to create a new category of Alcoholic Beverage License for Community Theatres; to make such Community Theatres exempt from the distance requirements contained in Section 10-88; and for other purposes.  (Held 6/10/08) (Substituted and held 7/1/08 for further review)

08O1252 (19)           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 (20)           An Ordinance by Public Safety and Legal Administration Committee to amend Chapter 10, Article II, Division 2, Section 10-61, Entitled “Date for Payment of License Fees; Prorated Fees”, to provide for an expiration date for all licenses issued under Division 2 of Chapter 10, Article II of the City of Atlanta Code of Ordinances; to change the date by which all Annual License Fees and Renewal Applications of all Annual Licenses issued under Division 2 of Chapter 10, Article II of the City of Atlanta Code of Ordinances must be submitted; to provide for prorated fees based upon the new deadline; to set forth that the effective date of this amendment shall be January 2, 2009; to repeal conflicting ordinances; and for other purposes.  (Held 7/15/08 at the request of the Law Department)

08O1538 (21)           An Ordinance by Councilmembers Jim Maddox, Joyce Sheperd, Mary Norwood, Ivory Lee Young, Jr., H. Lamar Willis, Kwanza Hall, C. T. Martin, Natalyn Archibong and Ceasar C. Mitchell to amend the Charter of the City of Atlanta, Georgia pursuant to the authority of the Municipal Home Rule Act of 1965, O.C.G.A. Section 36-35-1 et seq., as amended, by amending Section 4-104 (d) so as to provide that for the next Election of Municipal Court Judges, to be held in 2009, if more than seven (7) Judges elect to continue to serve for an additional four year term, only the seven (7) Judges receiving the highest number of votes shall continue to serve; to waive conflicting ordinances and charter amendments; and for other purposes. (Referred by Full Council on 8/18/08) (Held 8/26/08 for a legal opinion.)

08O1544 (22)           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 (23)           An Ordinance by Councilmember Mary Norwood to amend Article XXIV entitled “Vending on Private Property”; and for other purposes.  (Held 9/9/08 for further review.)

08O1760 (24)           An Ordinance by Councilmembers Jim Maddox, C. T. Martin, Cleta Winslow, H. Lamar Wills, Ceasar Mitchell, Ivory L. Young, Jr., Kwanza Hall, Clair Muller to create a new Section 62-27.1 of the Code of Ordinances of the City of Atlanta, Georgia, which section shall provide that effective January 1, 2010, the number of Municipal Court Judges shall be eight (8); to waive conflicting ordinances; and for other purposes.  (Held 9/9/08 for further review.)

08O2296 (25)           An Ordinance by Public Safety and Legal Administration Committee amending Chapter 162, Article II, Division 5, Section 162-118, subsection (a), of the Code of Ordinances of the City of Atlanta, on behalf of the Department of Police, Bureau of Taxicabs and Vehicles for Hire, for the purpose of creating an initial airport fare for all taxicab trips originating from Hartsfield-Jackson Atlanta International Airport; and for other purposes.  (Public Hearing held 12/9/08) (Referred back by Full Council 1/22/09) (Held 1/27/09 for a Joint Works Session with Transportation Committee)

08O2436 (26)           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 for a 4 week time certain.)

09R0138 (27)           Claim of Atlanta Housing Authority, for damages alleged to have been sustained as a result of an automobile accident on August 5, 2008 at 596 Waynes Court, SE.        $3,000.00

(Held 1/27/09 at the request of Councilmember Willis.)

G.        ITEMS NOT ON THE AGENDA

H.        ADJOURNMENT

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