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ATLANTA CITY COUNCIL

ACTION/MINUTES

SEPTEMBER 15, 2003

The Atlanta City Council held its Regularly Scheduled Meeting on Monday, September 15, 2003. The Meeting convened at 1:18 p.m. in the Council Chambers at City Hall. The roll was called and a quorum was declared.

PRESIDER: The Honorable Cathy Woolard, Council President, presided.

Attendance:

The following (13) voting members were present at the Meeting:

The Honorable Carla Smith

The Honorable Clair Muller

The Honorable Debi Starnes

The Honorable Felicia Moore

The Honorable Ivory Lee Young, Jr.

The Honorable Derrick Boazman

The Honorable Cleta Winslow

The Honorable Ceasar C. Mitchell

The Honorable Natalyn Archibong

The Honorable Mary Norwood

The Honorable Anne Fauver

The Honorable H. Lamar Willis

The Honorable Charles Howard Shook

 

Councilmembers C. T. Martin and Jim Maddox were absent.

INVOCATION: Thomas E. Houston, Director of the Atlanta Fire Department Chaplaincy Program gave the invocation.

PLEDGE OF ALLEGIANCE: In unison, the Council recited the Pledge of Allegiance to the flag of the United States of America.

REPORT OF THE JOURNAL: Mrs. Rhonda Dauphin Johnson, Municipal Clerk, certified to the Council and the Committee on Council, that the Action/Minutes of the September 02, 2003 Regular Meeting of the Atlanta City Council are true and correct. The Minutes were FILED without objection.

THE ADOPTION OF THE AGENDA: The Agenda for the September 15, 2003 meeting was ADOPTED without objection.

 

COMMUNICATIONS

Council President Cathy Woolard Presided

COMMUNICATIONS

03C1484 ( 1)A Communication by Council President Cathy Woolard appointing Ms. Beth S. Schapiro to the Elected Officials Compensation Commission.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE AND COMMITTEE ON COUNCIL WITHOUT OBJECTION

03C1485 ( 2)A Communication by Chief Procurement Officer Adam L. Smith submitting the August Monthly Contracts Report to the Atlanta City Council and Clerk of Council pursuant to §2-1142 of the City of Atlanta Code of Ordinances.

FILED WITHOUT OBJECTION

03C1486 ( 3)A Communication by Municipal Clerk Rhonda Dauphin Johnson submitting Administrative Corrections to previously adopted legislation during the time period occurrence between the regular Council meeting dates of September 02, 2003 and September 15, 2003 to the Atlanta City Council in accordance with Section 2-275 of the City of Atlanta Code of Ordinances.

FILED WITHOUT OBJECTION

 

VETOED LEGISLATION

Council President Cathy Woolard Presided

VETOED LEGISLATION

NONE

 

UNFINISHED BUSINESS

Council President Cathy Woolard Presided

UNFINISHED BUSINESS

03R1315 ( 1)A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor or her designee to accept, on behalf of the Atlanta Fire Department, $413,546.00 in Grant Funds from the Federal Emergency Management Agency's U. S. Fire Administration 2003 Assistance to Firefighters Grant Program in support of a Pilot Wellness and Fitness Program to identify and implement best practices for initiatives to reduce the risk of injuries and death for fire service personnel.

The above item remained on the Table by Motion of Chairperson Mitchell, in absence of Councilmember Martin, who originally Motioned the item to be Tabled. It was properly Seconded and the Motion CARRIED Without Objection.

TABLED WITHOUT OBJECTION

 

CONSENT AGENDA

SECTION I

Council President Cathy Woolard Presided

CONSENT AGENDA

There was no separate discussion of the following items with the exception of items 03-R-1460 and 03-R-1463 which was removed from the Consent Agenda, and considered separately per Rules for the Conduct of Business of the Council of the City of Atlanta (As Amended), Rule XI; Order of Business, SECTION 11.2; Consent Agenda.

The following CONSENT AGENDA SECTION I received a Favorable Recommendation and was Adopted in accordance with Section 11.2 by the following roll call vote: 10 Yeas: Councilmembers Starnes, Winslow, Archibong, Fauver, Muller, Moore, Boazman, Mitchell, Norwood and Willis 0 Nays; with the exception of item 03-R-1449 in which Councilmember Mitchell noted his abstention due to a potential conflict of interest. Therefore, a separate vote was taken on said item by a roll call vote of 9 Yeas: Councilmembers Starnes, Young, Archibong, Fauver, Shook, Muller, Moore, Norwood and Willis: 0 Nays: 1 Abstention: Councilmember Mitchell.

Note: the Consent Agenda was originally voted by a roll call vote of 9 yeas; 0 nays. However, Councilmember Starnes made a Motion to Reconsider the Consent Agenda in order to remove item 03-R-1460. The Motion to Reconsider was then CARRIED by a roll call vote of 10 yeas; 0 nays. The Consent Agenda was before the Council. Following, the Adoption of the Consent Agenda was moved and CARRIED by a roll call vote of 10 yeas; 0 nays. Later during the meeting, Councilmember Starnes made another Motion to Reconsider the Consent Agenda to remove item 03-R-1463. It was properly Seconded and the Motion to Reconsider the Consent Agenda CARRIED by a roll call vote of 8 yeas; 2 nays. The Consent Agenda was again before the Council. Thereafter, the Motion to Adopt the Consent Agenda was moved and Seconded by Councilmember Moore. Subsequently, the final vote of the Consent Agenda was CARRIED by a roll call vote of 10 yeas; 0 nays.

SECTION I

ORDINANCES FOR SECOND READING

CITY UTILITIES COMMITTEE

CLAIR MULLER, CHAIR

03O1347 ( 1)An Ordinance by Councilmember Clair Muller to transfer the sidewalk requirements of Section 15-09.003 of the Code of Ordinances, for a residential subdivision to be located at 1426, 1436 and 1446 Peachtree Battle Avenue, NW and to then construct 2,145 square feet of sidewalks along the southern side of Hillside Drive, between Powers Ferry Road and Broadland Road; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

Council President Cathy Woolard Presided

CONSENT AGENDA (CONT'D)

SECTION I (CONT'D)

ORDINANCES FOR SECOND READING (CONT'D)

CITY UTILITIES COMMITTEE (CONT'D)

CLAIR MULLER, CHAIR

03O1451 ( 2)An Ordinance by Councilmember Cleta Winslow authorizing the Commissioner of Public Works, on behalf of the Mayor to waive paragraph four (4) of Section 138-60 of the Code of Ordinances of the City of Atlanta, for the issuance of a Banner Permit to St. Anthony of Padua Catholic Church; and for other purpose.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

DEBI STARNES, CHAIR

03O1311 ( 3)An Ordinance by Community Development/Human Resources Committee amending the 2003 (Job Training Fund) Budget by anticipating and appropriating $341,106.00 in the Workforce Investment Act (WIA) Adult Funds; anticipating and appropriating $280,508.00 in Workforce Investment Act (WIA) Dislocated Workers Funds.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03O1443 ( 4)An Ordinance by Councilmember Anne Fauver authorizing and directing the Chief of Staff to waive the ninety day deadline and accept the Outdoor Festival Permit Application for the proposed Outdoor Festival entitled AIDS Walk Atlanta; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

Council President Cathy Woolard Presided

CONSENT AGENDA (CONT'D)

SECTION I (CONT'D)

ORDINANCES FOR SECOND READING (CONT'D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

CEASAR C. MITCHELL, CHAIR

03O1319 ( 5)An Ordinance by Public Safety and Legal Administration Committee amending the 2003 (Intergovernmental Grant Fund) Budget Department of Police by adding to anticipations and appropriations in the amount of $136,525.00 for a grant from the Georgia Emergency Management Agency to purchase one robot for bomb disposal and detection for use by the Atlanta Police Department as part of the City's Homeland Security Program; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

FINANCE/EXECUTIVE COMMITTEE

FELICIA A. MOORE, CHAIR

O3O1317 ( 6)An Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer to transfer appropriations in the General Fund for the creation of an extra help position with benefits in the Office of General Services; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03O1441 ( 7)An Ordinance by Councilmember Jim Maddox amending the 2003 (General Fund) Budget by transferring appropriations in the amount of $13,000.00 to provide funding for International Protocol Activities of the Mayor's Office of External Affairs and International Relations; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

Council President Cathy Woolard Presided

CONSENT AGENDA (CONT'D)

SECTION I (CONT'D)

ORDINANCES FOR SECOND READING (CONT'D)

FINANCE/EXECUTIVE COMMITTEE (CONT'D)

FELICIA A. MOORE, CHAIR

03O1447 ( 8)An Ordinance by Councilmember H. Lamar Willis as Substituted by Finance/Executive Committee authorizing the City of Atlanta to waive §2-1189 and §2-1193 of Article X, Procurement and Real Estate Code, of the City of Atlanta Code of Ordinances for this instance only on a month-to-month basis or as specified otherwise to obtain services for the Department of Aviation under the contracts with WCC Landscaping (not to exceed six (6) months); Bracy Willliams (not to exceed three (3) months); Adtranz d/b/a/ Bombardier (not to exceed five (5) months); Airport Group International, Inc. (not to exceed six (6) months); Delta Airlines (not to exceed five (5) months); Mastershine and Heel, Corp. (not to exceed three (3) months); and Mercury Air Center-Hartsfield, LLC (not to exceed six (6) months); on the same terms and conditions as the previously expired agreements; providing that in all instances such interim arrangements shall expire once new contracts become effective; to waive conflicting ordinances for this instance only; and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

TRANSPORTATION COMMITTEE

H. LAMAR WILLIS, CHAIR

03O1109 ( 9)An Ordinance by Councilmembers Ceasar Mitchell and Felicia A. Moore authorizing the Mayor or her designee to install an All-Way Stop sign at the intersection of Adams Drive and Rando Lane, NW; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

Council President Cathy Woolard Presided

CONSENT AGENDA (CONT'D)

SECTION I (CONT'D)

ORDINANCES FOR SECOND READING (CONT'D)

TRANSPORTATION COMMITTEE (CONT'D)

H. LAMAR WILLIS, CHAIR

03O1329 (10)An Ordinance by Transportation Committee authorizing the Mayor or her designee to grant Georgia Power Company a temporary easement across real property owned by the City of Atlanta in Land Lots 22, 23, and 24 of the 13th District of Clayton County, to provide for relocation of distribution lines that run across the Runway 10-28 Project Area at Hartsfield Atlanta International Airport; authorizing the Mayor to execute appropriate instruments to evidence the granting of such easement; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03O1330 (11)An Ordinance by Transportation Committee amending Atlanta City Code Section 22-87(b) so as to increase the Non-Signatory Landing Fee Rate from .93 to .95 per 1,000 pounds maximum certified gross landing weight of any aircraft operating at Hartsfield Atlanta International Airport which is not covered by an Airport Use Agreement with the City of Atlanta; repealing conflicting ordinances; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

RESOLUTIONS

CITY UTILITIES COMMITTEE

CLAIR MULLER, CHAIR

03R1371 ( 1)A Resolution by City Utilities Committee authorizing the Mayor or designee to enter into an appropriate contractual agreement with HDR Engineering, Inc., for FC-7535-02C, Engineering Design Services for Sewer Separation in Combined Sewer Basins (RFP) on behalf of the Department of Watershed Management in an amount not to exceed $3,603,713.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: 2J27 524001 Q38I02649999.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

Council President Cathy Woolard Presided

CONSENT AGENDA (CONT'D)

SECTION I (CONT'D)

RESOLUTIONS (CONT'D)

CITY UTILITIES COMMITTEE (CONT'D)

CLAIR MULLER, CHAIR

03R1372 ( 2)A Resolution by City Utilities Committee authorizing the Mayor or designee to issue a Notice to Proceed with Delon Hampton & Associates/W. L. Jordan, Inc., a Joint Venture for FC-6710-96C, Annual Contract for Architectural and Engineering Services to provide Design and Engineering Services for the paving of ten (10) unpaved streets projects under the Quality of Life Program on behalf of the Department of Public Works in an amount not to exceed $962,145.00. All contracted work shall be charged to and paid from Various Fund, Account and Center Numbers.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1373 ( 3)A Resolution by City Utilities Committee authorizing the Mayor or designee to issue a Notice to Proceed with Delon Hampton & Associates/W. L. Jordan, Inc., a Joint Venture for FC-6710-96C, Annual Contract for Architectural and Engineering Services to provide traffic signal design services for Moreland Avenue between Euclid Avenue and the City limits on behalf of the Department of Public Works in an amount not to exceed $107,085.00. All contracted work shall be charged to and paid from the following Fund, Account and Center Number: 1C45 574001 M41G017392BG.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1374 ( 4)A Resolution by City Utilities Committee authorizing the Mayor to execute a Local Government Project Agreement between the City of Atlanta and the Georgia Department of Transportation for Project Number SP9000 (19)ton County P. I. #750105 at SR 280/Hightower Road from I-20 to Bankhead Hwy./SR 8/US 278; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1437 ( 5)A Resolution by Councilmember Natalyn M. Archibong authorizing the Mayor and Council to accept the findings of the Clean Indoor Air Task Force; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

Council President Cathy Woolard Presided

CONSENT AGENDA (CONT'D)

SECTION I (CONT'D)

RESOLUTIONS (CONT'D)

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

DEBI STARNES, CHAIR

03R1458 ( 6)A Resolution by Community Development/Human Resources Committee authorizing the Mayor to enter into a contractual agreement with SUMMECH Community Development Corporation for the implementation of the acquisition component of the Mechanicsville Urban Redevelopment Project in an amount not to exceed $1,252,350.00; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1459 ( 7)A Resolution by Community Development/Human Resources Committee authorizing the Mayor to enter into a Memorandum of Understanding with the Cabbagetown Initiative Community Development Corporation, Inc.; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1460 ( 8)A Resolution by Community Development/Human Resources Committee authorizing the Mayor to enter into an agreement on behalf of the City with Southeast Waters for Creek Bank Restoration in Peachtree Hills Park and in Tanyard Creek Park for an amount not to exceed $125,000.00 and $75,000.00 respectively, that all funds for the Peachtree Hills Park Restoration shall be charged to and paid from Fund, Account and Center No. 1C22 574001 N12D11409999, and that all Funds for the Tanyard Creek Park Restoration shall be charged to and paid from Fund, Account and Center No. 1C22 574001 N12D11219999; and for other purposes.

The above item was removed from the Consent Agenda by request of Councilmember Starnes.

SEE COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE REPORT

Council President Cathy Woolard Presided

CONSENT AGENDA (CONT'D)

SECTION I (CONT'D)

RESOLUTIONS (CONT'D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

CEASAR C. MITCHELL, CHAIR

03R1383 ( 9)A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to apply for and accept funding from the Governor's Office of Highway Safety in the amount of $171,000.00 for Renewal Funding of the existing H.E.A.T. and Pedestrian Safety Grant Programs; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1446 (10)A Resolution by Councilmembers H. Lamar Willis and Ceasar C. Mitchell authorizing the Mayor or her designee to identify companies for the development and facilitation of a security audit of all city properties.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1456 (11)A Resolution by Public Safety and Legal Administration Committee authorizing the settlement of all claims in the lawsuit styled Wiliam D. Temple, Sr. and Laryssa Temple v. City of Atlanta; Superior Court of Fulton County, Georgia; Civil Action File No. 2002CV57974, in the amount of $55,000.00; authorizing the Chief Financial Officer to disburse the settlement amount from Fund, Account, Center No. 2J01 529017 T31001; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

FINANCE/EXECUTIVE COMMITTEE

FELICIA A. MOORE, CHAIR

03R1316 (12)A Substitute Resolution by Finance/Executive Committee authorizing the Mayor to enter into an appropriate contractual agreement with Bracy Tucker Brown, Inc., for FC-7531-02-B, Washington Representative, in an amount not to exceed $144,000.00, on behalf of the City; and all contracted work shall be charged to and paid from Fund, Account and Center Number 2H01 524001 R51008.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

Council President Cathy Woolard Presided

CONSENT AGENDA (CONT'D)

SECTION I (CONT'D)

RESOLUTIONS (CONT'D)

FINANCE/EXECUTIVE COMMITTEE (CONT'D)

FELICIA A. MOORE, CHAIR

03R1337 (13)A Substitute Resolution by Finance/Executive Committee authorizing the Mayor to enter into an appropriate contractual Agreement with Patton Boggs LLP, for FC-7531-02-A, Washington Representative, in an amount not to exceed $234,000.00; on behalf of the City; and all contracted work shall be charged to and paid from Fund, Account and Center Numbers 2H01 524001 R51008 ($154,000.00) and 1A01 524001 T31001 ($80,000.00).

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1381 (14)A Resolution by Finance/Executive Committee authorizing the Mayor or her designee to execute Amendment Number 1 to the Master Lease Agreement with BellSouth Mobility LLC doing business as Cingular Wireless to add 7780 Jett Ferry Road to the Master Site Lease; to provide at tenants cost a new mounting mast on top of the Jett Ferry Water Tank; and to lease space to co-locate on the Jett Ferry Water Tank certain antennas and communications equipment; all revenue generated plus escalations as called for in the Master Lease Agreement shall be deposited into the appropriate Fund, Account and Center Number.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1382 (15)A Resolution by Finance/Executive Committee authorizing the Mayor or her designee to execute Amendment Number 1 to the Master Lease Agreement with Nextel South Corporation, a Georgia Corporation doing business as Nextel Communications to add 7780 Jett Ferry Road to the Master Site Lease; to provide at tenants cost a new mounting mast on top of the Jett Ferry Water Tank; and to lease space to co-locate on the Jett Ferry Water Tank certain antennas and communications equipment; all revenue generated plus escalations as called for in the Master Lease Agreement shall be deposited into the appropriate Fund, Account and Center Number.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

Council President Cathy Woolard Presided

CONSENT AGENDA (CONT'D)

SECTION I (CONT'D)

RESOLUTIONS (CONT'D)

FINANCE/EXECUTIVE COMMITTEE (CONT'D)

FELICIA A. MOORE, CHAIR

03R1449 (16)A Resolution by Councilmembers Felicia A. Moore and H. Lamar Willis authorizing the City Attorney to execute a Retainer Agreement with the Law Firms of Sutherland Asbill & Brennan and Thomas, Kennedy, Sampson & Patterson to serve as Bond and Disclosure Counsel to the City of Atlanta in connection with Public Finance Transactions (including the issuance of Bond Anticipation Notes) for the Department of Aviation; to authorize the Chief Financial Officer to pay fees and costs for legal services rendered pursuant to said Retainer Agreement in an amount not to exceed $200,000.00; and for other purposes.

Councilmember Mitchell noted for the record his abstention to the above item due to a potential conflict of interest.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 9 YEAS; 0 NAYS; 1 ABSTENTION

03R1463 (17)An Amended Resolution by Finance/Executive Committee authorizing the Mayor to enter into an agreement to extend the Health and Dental Insurances for Plan Year 2004 with Blue Cross Blue Shield of Georgia, Inc., (FC-7135-99D); Kaiser Foundation Health Plan of Georgia, Inc.-Kaiser Permanente (FC-7135-99B); Blue Cross Blue Shield of Georgia, Inc./Group Insurance Administration, Inc., a joint venture (FC-7135-99E); OHS, a Compbenefits Company (FC-7135-99F) for FC-7135-99, Health and Dental Benefits; establishing premium rates for Health and Dental Insurance for 2004; and for other purposes.

The above item was removed from the Consent Agenda by request of Councilmember Starnes.

SEE FINANCE/EXECUTIVE COMMITTEE REPORT

Council President Cathy Woolard Presided

CONSENT AGENDA (CONT'D)

SECTION I (CONT'D)

RESOLUTIONS (CONT'D)

TRANSPORTATION COMMITTEE

H. LAMAR WILLIS, CHAIR

03R1390 (18)A Resolution by Transportation Committee authorizing the Mayor to execute an appropriate contractual agreement with Paramount Contracting Company, for FC-7566-03, SIDA Security Fence and Barrier Wall Upgrades, on behalf of the Department of Aviation to be paid in an amount not to exceed $3,141,525.30; all contracted work shall be charged to and paid from Fund, Account and Center Number: 2H21 574001 R21E0904AZ55.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

CEASAR C. MITCHELL, CHAIR

Claims with favorable recommendations:

03R1392 ( 1)Claim of Ulylese and Lucretia G. McKenzie, for damages alleged to have been sustained as a result of an automobile accident on June 17, 2003 at 113 Martin Luther King, Jr. Drive, SW and Pryor Street, SW. $1,480.19

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1393 ( 2)Claim of Allstate Insurance Company, as subrogee of Felicia Scott, for damages alleged to have been sustained as a result of an automobile accident on November 27, 2002 at 131 Haygood Avenue, SE. $2,000.00

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

Council President Cathy Woolard Presided

CONSENT AGENDA (CONT'D)

SECTION I (CONT'D)

RESOLUTIONS/CLAIMS (CONT'D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT'D)

CEASAR C. MITCHELL, CHAIR

Claims with favorable recommendations: (Cont'd)

03R1394 ( 3)Claim of Ann S. Rivers, for damages alleged to have been sustained as a result of a city vehicle striking a guard wire on June 25, 2003 at 810 Burchill Street, SW. $950.00

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1395 ( 4)Claim of Tim Miller d/b/a/ Hempstead House, Inc., for damages alleged to have been sustained as a result of a wood chipper disengaged and striking a vehicle on April 15, 2003 at 1540 Northside Drive, NW. $2,484.44

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1396 ( 5)Claim of Stephanie Sims, for damages alleged to have been sustained as a result of an automobile accident on June 17, 2003 at 186 McDonald Boulevard, SE. $1,080.32

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1397 ( 6)Claim of E. Jason Orr, for damages alleged to have been sustained as a result of property damage due to a sewer backup on February 17, 2003 at 1147 Cahaba Drive. $6,850.00

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1398 ( 7)Claim of Hal Gay, for damages alleged to have been sustained due to a sanitary sewer construction site that was left open and in an unsafe condition on March 31, 2003 at 1765 Delowe Drive, SW. $2,961.64

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

Council President Cathy Woolard Presided

CONSENT AGENDA (CONT'D)

SECTION I (CONT'D)

RESOLUTIONS/CLAIMS (CONT'D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT'D)

CEASAR C. MITCHELL, CHAIR

Claims with unfavorable recommendations:

03R1399 ( 8)Claim of Tina McGuire, for damages alleged to have been sustained as a result of driving over a water construction site that was left in an open and unsafe condition on January 2, 2003 at Peachtree Road, NE and Peachtree Hills Avenue, NE.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1400 ( 9)Claim of Elizabeth Hollander, for damages alleged to have been sustained as a result of vehicular damage due to driving over a metal plate in the roadway on February 10, 2003 at 10th Street and Hemphill Avenue.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1401 (10)Claim of Brent W. Miller, for damages alleged to have been sustained as a result of striking metal plates on September 16, 2001 at 1750 North Highland Avenue.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1402 (11)Claim of Janis V. Williams, through her attorney, Scott A. I. Hart, for damages alleged to have been sustained as a result of an automobile accident on March 23, 2003 on Interstate 85 Northbound Expressway.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1403 (12)Claim of Ava Cary, through her attorney, Scott A. I. Hart, for damages alleged to have been sustained as a result of an automobile accident on March 23, 2003 on Interstate 85 Northbound Expressway.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

Council President Cathy Woolard Presided

CONSENT AGENDA (CONT'D)

SECTION I (CONT'D)

RESOLUTIONS/CLAIMS (CONT'D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT'D)

CEASAR C. MITCHELL, CHAIR

Claims with unfavorable recommendations: (Cont'd)

03R1404 (13)Claim of Delsharn Chavis, for damages alleged to have been sustained as a result of driving over a construction site that was left in an open and unsafe condition on August 2, 2002 at Larchwood Avenue.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1405 (14)Claim of Ella B. Rollin, for damages alleged to have been sustained as a result of a storm water backup on December 26, 2002 on Oakhill Avenue, SW.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1406 (15)Claim of Rudolph H. Carn, Executive Director/CEO, National AIDS Education & Services for Minorities, Inc., for damages alleged to have been sustained from the City's failure to execute a housing contract on November 18, 2002 at 55 Trinity Avenue, SW.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1407 (16)Claim of Maudie O. Petty, through her attorney, Ryan Goldstein, for damages alleged to have been sustained as a result of property damage during improvements to an easement at 1781 South Gordon Street, SW.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1408 (17)Claim of Ronald Smalls, for damages alleged to have been sustained as a result of vehicular damage due to a storm sewer overflow on September 21, 2002 at Westview Drive.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1409 (18)Claim of David Stallion, for damages alleged to have been sustained as a result of vehicular damage due to a storm sewer overflow on September 21, 2002 at Maple Street.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

Council President Cathy Woolard Presided

CONSENT AGENDA (CONT'D)

SECTION I (CONT'D)

RESOLUTIONS/CLAIMS (CONT'D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT'D)

CEASAR C. MITCHELL, CHAIR

Claims with unfavorable recommendations: (Cont'd)

03R1410 (19)Claim of Debra A. Johnston, for damages alleged to have been sustained as a result of property damage due to blasting during the Nancy Creek Tunnel Project from November, 2002 through January, 2003 at 2730 Ridgewood Road, NW.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1411 (20)Claim of Willie Lay, through his attorney, Derek M. Wright, for damages alleged to have been sustained as a result of personal injuries sustained during an arrest on September 5, 2002 at 1650 Donald Lee Hollowell Parkway.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1412 (21)Claim of Rentrite, Inc., through its attorney, Joel F. Geer, for damages alleged to have been sustained as a result of nonpayment of equipment by a subcontractor working at the Adamsville Recreation Center Project on February 14, 2001 at 3201 Martin Luther King, Jr. Drive.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1413 (22)Claim of June M. Sutton, for damages alleged to have been sustained as a result of striking a manhole on May 16, 2003 at 500 Central Park Place.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1414 (23)Claim of Nationwide Mutual Insurance Company, as subrogee of June M. Sutton, for damages alleged to have been sustained as a result of striking a manhole on May 16, 2003 at 500 Central Park Place.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

Council President Cathy Woolard Presided

CONSENT AGENDA (CONT'D)

SECTION I (CONT'D)

RESOLUTIONS/CLAIMS (CONT'D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT'D)

CEASAR C. MITCHELL, CHAIR

Claims with unfavorable recommendations: (Cont'd)

03R1415 (24)Claim of Phillip Powell, for damages alleged to have been sustained as a result of striking a pothole on June 27, 2003 at International Boulevard and Piedmont Avenue.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1416 (25)Claim of Lucile W. Neely, for damages alleged to have been sustained as a result of property damage due to a sewer backup on September 21, 2002 at 1281 Fair Street, SW.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1417 (26)Claim of Craig Barber, for damages alleged to have been sustained as a result of striking a pothole on May 16, 2003 on Alston Drive.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1418 (27)Claim of James W. Duffey, for damages alleged to have been sustained as a result of driving over a water construction site that was left in an open and unsafe condition on January 5, 2003 at 2300 Peachtree Road, NE and Peachtree Hills Avenue, NE.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1419 (28)Claim of Dorothy & Russell Wright, for damages alleged to have been sustained as a result of a sewer backup on January 2, 2003 at 709 Kennolia Drive, SW.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1420 (29)Claim of Harvestine Wade, for damages alleged to have been sustained as a result of a sewer backup on August 13, 2002 at 1073 Peoples Street, SW.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

Council President Cathy Woolard Presided

CONSENT AGENDA (CONT'D)

SECTION I (CONT'D)

RESOLUTIONS/CLAIMS (CONT'D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT'D)

CEASAR C. MITCHELL, CHAIR

Claims with unfavorable recommendations: (Cont'd)

03R1421 (30)Claim of Darlene Marie Croal-Manuel, for damages alleged to have been sustained as a result of a fall on an uneven section of sidewalk on May 8, 2002 at 78 Forsyth Street, SW.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1422 (31)Claim of Calvin Deandre Forte, through his attorney, Steven J. Jackson, Esq., for damages alleged to have been sustained as a result of a police officer using excessive force during an altercation on June 8, 2002 at 714 Spring Street.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1423 (32)Claim of David V. Duke, for damages alleged to have been sustained as a result of an automobile accident on October 16, 2002 on Lafayette Drive, NE.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1424 (33)Claim of Ed Heller, on behalf of his deceased spouse, Patricia Heller, through his attorney, James Hugh Potts, II, for damages alleged to have been sustained as a result of a wrongful death due to an automobile accident on January 29, 2003 at Interstate 85 and North Central Avenue.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1425 (34)Claim of Lofts at the Park, II Condominiums, through its attorney, David J. Marmins, Esq., for damages alleged to have been sustained as a result of a storm water overflow on June 30, 2003 at 1058 Piedmont Avenue, NE.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

Council President Cathy Woolard Presided

CONSENT AGENDA (CONT'D)

SECTION I (CONT'D)

RESOLUTIONS/CLAIMS (CONT'D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT'D)

CEASAR C. MITCHELL, CHAIR

Claims with unfavorable recommendations: (Cont'd)

03R1426 (35)Claim of Lofts at the Park, II Condominiums, through its attorney, David J. Marmins, Esq., for damages alleged to have been sustained as a result of a storm water overflow on June 13, 2003 at 1058 Piedmont Avenue, NE.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1427 (36)Claim of Lofts at the Park, II Condominiums, through its attorney, David J. Marmins, Esq., for damages alleged to have been sustained as a result of a storm water overflow on May 16, 2003 and May 18, 2003 at 1058 Piedmont Avenue, NE.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1428 (37)Claim of Lofts at the Park, II Condominiums, through its attorney, David J. Marmins, Esq., for damages alleged to have been sustained as a result of a storm water overflow on May 6, 2003 at 1058 Piedmont Avenue, NE.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1429 (38)Claim of Lofts at the Park, II Condominiums, through its attorney, Gregory A. Bailey, Esq., for damages alleged to have been sustained as a result of a storm water overflow on August 19, 2002 at 1058 Piedmont Avenue, NE.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1430 (39)Claim of Dawn M. Zachariah, for damages alleged to have been sustained as a result of striking an open construction cut on December 28, 2000 on Stovall Boulevard.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

Council President Cathy Woolard Presided

CONSENT AGENDA (CONT'D)

SECTION I (CONT'D)

RESOLUTIONS/CLAIMS (CONT'D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT'D)

CEASAR C. MITCHELL, CHAIR

Claims with unfavorable recommendations: (Cont'd)

03R1431 (40)Claim of Latrenda Philpot, for damages alleged to have been sustained as a result of driving over an unraised water valve that was under construction and left in an unsafe manner on December 20, 2002 at 2300 Peachtree Road, NE and Peachtree Hills Avenue, NE.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

03R1432 (41)Claim of Nicole Rose, for damages alleged to have been sustained from driving over a water construction site that was left in an open and unsafe condition on December 13, 2002 at 2300 Peachtree Road, NE.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

 

CONSENT AGENDA

SECTION II

Council President Cathy Woolard Presided

CONSENT AGENDA

SECTION II

ORDINANCES FOR FIRST READING

CITY UTILITIES COMMITTEE

CLAIR MULLER, CHAIR

03O1455 ( 1)An Ordinance by City Utilities Committee to correct Section 130-84 of the Code of Ordinances of the City of Atlanta for the purposes of replacing the subsections that govern the rates and charges for solid waste collection to other types of residents and multifamily units; and other purposes.

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

DEBI STARNES, CHAIR

03O1375 ( 2)An Ordinance by Community Development/Human

CDP-03-23 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 Greenbriar Town Center Livable Centers Initiative Plan, adopted by the Atlanta City Council August 6, 2001, from Various Land Use Designations to Various Land Use Designations; and for other purposes.

NPU's-P and R Council District 11

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

03O1376 ( 3)An Ordinance by Community Development/Human

CDP-03-24 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 West End Historic District Livable Centers Initiative Plan, adopted by the Atlanta City Council October 1, 2001 from various Land Use Designations to various Land Use Designations; and for other purposes.

NPU's-T and V Council District 4

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

Council President Cathy Woolard Presided

CONSENT AGENDA (CONT'D)

SECTION II (CONT'D)

ORDINANCES FOR FIRST READING (CONT'D)

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE (CONT'D)

DEBI STARNES, CHAIR

03O1377 ( 4)An Ordinance by Community Development/Human

UEZ-03-9 Resources Committee to create the "Bent Creek Redevelopment Housing Enterprise Zone", to be located at 2410 and 2446 Campbellton Road, SW; 2002 Wells Drive, SW Rear; 2060 and 2161 Bent Creek Way, SW and an unnumbered parcel on Bent Creek Way, SW; and for other purposes.

NPU-R Council District 11

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

03O1378 ( 5)An Ordinance by Community Development/Human

UEZ-03-10 Resources Committee to create the "Georgia Baptist Nursing College Adaptive Re-Use Housing Enterprise Zone", to be located at 272 Boulevard, NE and 448 Highland Avenue, NE (a.k.a. Portions of 300 Boulevard, NE); and for other purposes.

NPU-M Council District 2

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

03O1379 ( 6)An Ordinance by Community Development/Human

UEZ-03-11 Resources Committee to create the "Metropolitan Parkway Commercial Enterprise Zone", to be located at 666 Metropolitan Parkway, SW; and for other purposes.

NPU-V Council District 4

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

Council President Cathy Woolard Presided

CONSENT AGENDA (CONT'D)

SECTION II (CONT'D)

ORDINANCES FOR FIRST READING (CONT'D)

FINANCE/EXECUTIVE COMMITTEE

FELICIA A. MOORE, CHAIR

O3O1380 ( 7)An Ordinance by Finance/Executive Committee transferring Account and Center Number(s) reserves in the General Government Capital Outlay Fund Budget Department of Parks and Recreation the sum of $200,000.00 for the purpose of funding creek bank restorations in Peachtree Hills Park and Tanyard Creek Park; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

 

COMMITTEE REPORTS

Council President Cathy Woolard Presided

COMMITTEE REPORTS

CITY UTILITIES COMMITTEE (1)

CLAIR MULLER, CHAIR

Attendance at the September 09, 2003 meeting of the City Utilities Committee was as follows:

Present: Councilmembers Muller (Chair), Shook, Smith, Winslow, Young, Maddox and Archibong

Absent: None

ORDINANCES FOR SECOND READING

03O1113 ( 1)An Ordinance by Councilmember Clair Muller to amend Section 130-43 of the Code of Ordinances of the City of Atlanta to create a franchise system for private companies contracted for the collection and transportation of non-residential solid waste in the City of Atlanta; and for other purposes. (Public Hearing held 7/29/03)

FILED BY A ROLL CALL VOTE OF 8 YEAS; 1 NAY

03O1350 ( 2)An Ordinance by Councilmember Clair Muller as Substituted by City Utilities Committee to amend Section 138-60 of the Code of Ordinances of the City of Atlanta for the purpose of setting additional fees for organizations both for-profit and non-profit that use the City's Rights-of-Way (R-O-W) to display banners; and for other purposes.

Chairperson Muller sounded the caption to 03-O-1350 and stated the item was forwarded from committee on Substitute Without Recommendation on Condition. Chairperson Muller then made a Motion to bring forth a Substitute. It was properly Seconded and the Motion CARRIED by a roll call vote of 11 yeas; 1 nay. The Substitute was before the Council. A brief discussion ensued, during which, Councilmember Shook made a Motion to Adopt on Substitute. It was properly Seconded and the Motion CARRIED by a roll call vote of 8 yeas; 3 nays.

ADOPTED SUBSTITUTE BY A ROLL CALL VOTE OF 8 YEAS; 3 NAYS

Council President Cathy Woolard Presided

COMMITTEE REPORTS (CONT'D)

CITY UTILITIES COMMITTEE (2)

CLAIR MULLER, CHAIR

ITEM REMOVED FROM HELD STATUS

03R0951 ( 1)A Resolution by Councilmember Clair Muller to authorize 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) 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 7/1/03)

Chairperson Muller sounded the caption to the above item and made a Motion to bring forth a Substitute. It was properly Seconded and the Motion CARRIED by a roll call vote of 9 yeas; 2 nays. The Substitute was before the Council. After a brief discussion, Chairperson Muller made a Motion to Adopt on Substitute. It was properly Seconded and CARRIED by a roll call vote of 11 yeas; 1 nay.

ADOPTED SUBSTITUTE BY A ROLL CALL VOTE OF 11 YEAS; 1 NAY

Council President Cathy Woolard Presided

COMMITTEE REPORTS (CONT'D)

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE (1)

DEBI STARNES, CHAIR

Attendance at the September 09, 2003 meeting of the Community Development/Human Resources Committee was as follows:

Present: Councilmembers Starnes (Chair), Archibong, Norwood, Shook, Boazman, Winslow and Fauver

Absent: None

ITEM REMOVED FROM CONSENT AGENDA

03R1460 ( 1)A Resolution by Community Development/Human Resources Committee authorizing the Mayor to enter into an agreement on behalf of the City with Southeast Waters for Creek Bank Restoration in Peachtree Hills Park and in Tanyard Creek Park for an amount not to exceed $125,000.00 and $75,000.00 respectively, that all funds for the Peachtree Hills Park Restoration shall be charged to and paid from Fund, Account and Center No. 1C22 574001 N12D11409999, and that all Funds for the Tanyard Creek Park Restoration shall be charged to and paid from Fund, Account and Center No. 1C22 574001 N12D11219999; and for other purposes.

The above item was removed from the Consent Agenda by request of Councilmember Starnes. Chairperson Starnes sounded the caption to 03-R-1460 and made a Motion to Table. It was properly Seconded and the Motion CARRIED by a roll call vote of 12 yeas; 1 nay.

TABLED BY A ROLL CALL VOTE OF 12 YEAS; 1 NAY

Council President Cathy Woolard Presided

COMMITTEE REPORTS (CONT'D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (1)

CEASAR C. MITCHELL, CHAIR

Attendance at the September 09, 2003 meeting of the Public Safety and Legal Administration Committee was as follows:

Present: Councilmembers Mitchell (Chair), Martin, Fauver, Norwood, Young, Willis and Winslow

Absent: None

RESOLUTION

03R0990 ( 1)Claim of AMEX Assurance Company as subrogee of Lisa Kirschenman, for damages alleged to have been sustained as a result of an automobile accident on December 8, 2002 at the intersection of 10th and Juniper Streets. $1,856.78

FILED BY A ROLL CALL VOTE OF 12 YEAS; 0 NAYS

Council President Cathy Woolard Presided

COMMITTEE REPORTS (CONT'D)

FINANCE/EXECUTIVE COMMITTEE (1)

FELICIA A. MOORE, CHAIR

Attendance at the September 10, 2003 meeting of the Finance/Executive Committee was as follows:

Present: Councilmembers Moore (Chair), Maddox, Willis, Starnes, Muller and Fauver

Absent: Councilmember Martin

REPORT

03-R1462 ( 1)Report of the Chief Financial Officer of the Transfer of Appropriations from One Line Item to another Line Item to various funds as approved under Section 6-304(B) of the Charter of the City of Atlanta.

FILED BY A ROLL CALL VOTE OF 12 YEAS; 0 NAYS

ORDINANCES FOR SECOND READING

03O0710 ( 1)An Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer to establish a Trust Account Fund Project Center for the Office of General Services to accept receipts for parking and/or events, space rentals, so as to afford a revenue stream to off-set grounds keeping costs at associated sites, off-set/support costs for related staff overtime and/or additional contract security services.

FILED BY A ROLL CALL VOTE OF 11 YEAS; 0 NAYS

Council President Cathy Woolard Presided

COMMITTEE REPORTS (CONT'D)

FINANCE/EXECUTIVE COMMITTEE (2)

FELICIA A. MOORE, CHAIR

ORDINANCES FOR SECOND READING (CONT'D)

03O1444 ( 2)An Ordinance by Councilmembers Ceasar C. Mitchell and C. T. Martin as Substituted by Finance/Executive Committee to amend Article "V" Classification Plan, Section 114-477, of the Code of Ordinances, City of Atlanta, Georgia, so as to adjust the salary of the Fire Chief and the "Sworn Fire and Corrections Public Safety Employees Salary Schedule"; authorize above entry hiring; and for other purposes.

The above item was forwarded from committee on Substitute Without Recommendation. Chairperson Moore sounded the caption to the above ordinance and made a Motion to Refer 03-O-1444 back to the Finance/Executive Committee. It was properly Seconded and a discussion ensued. Following, the Motion to Refer CARRIED by a roll call vote of 10 yeas; 1 nay.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE BY A ROLL CALL VOTE OF 10 YEAS; 1 NAY

Council President Cathy Woolard Presided

COMMITTEE REPORTS (CONT'D)

FINANCE/EXECUTIVE COMMITTEE (3)

FELICIA A. MOORE, CHAIR

ORDINANCES FOR SECOND READING (CONT'D)

03O1448 ( 3)An Ordinance by Councilmembers Felicia A. Moore and H. Lamar Willis as Substituted by Finance/Executive Committee a Fifth 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 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) and the Fourth Supplemental Bond Ordinance of the City of Atlanta adopted on June 2, 2003 (03-O-0835) to provide for the issuance of Hybrid Bonds secured by PFC Revenues and General Revenues to provide funds to finance or refinance, in whole or in part, the cost of the panning, engineering, design, acquisition and construction of certain improvements to William B. Hartsfield Atlanta International Airport, to provide for a reasonably required debt service reserve and to pay expenses relating thereto; to authorize the preparation, use and distribution of a preliminary official statement in connection with the offer and sale of the 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 provide for the issuance of Airport Limited Obligation Bond Anticipation Notes to provide funds to finance such undertaking on an interim basis; to ratify, authorize and approve the preparation, use and distribution of a preliminary official statement and a final official statement in connection with the offer and sale of the Bond Anticipation Notes; to provide for the form of 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; and for other purposes.

Note: Councilmember Mitchell noted for the record his abstention to 03-O-1448 due to a potential conflict of interest.

Council President Cathy Woolard Presided

COMMITTEE REPORTS (CONT'D)

FINANCE/EXECUTIVE COMMITTEE (4)

FELICIA A. MOORE, CHAIR

ORDINANCES FOR SECOND READING (CONT'D)

03O1448 ( 3)An Ordinance by Councilmembers Felicia A. Moore and

(Cont'd) H. Lamar Willis as Substituted by Finance/Executive Committee a Fifth 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 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) and the Fourth Supplemental Bond Ordinance of the City of Atlanta adopted on June 2, 2003 (03-O-0835) to provide for the issuance of Hybrid Bonds secured by PFC Revenues and General Revenues to provide funds to finance or refinance, in whole or in part, the cost of the panning, engineering, design, acquisition and construction of certain improvements to William B. Hartsfield Atlanta International Airport, to provide for a reasonably required debt service reserve and to pay expenses relating thereto; to authorize the preparation, use and distribution of a preliminary official statement in connection with the offer and sale of the 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 provide for the issuance of Airport Limited Obligation Bond Anticipation Notes to provide funds to finance such undertaking on an interim basis; to ratify, authorize and approve the preparation, use and distribution of a preliminary official statement and a final official statement in connection with the offer and sale of the Bond Anticipation Notes; to provide for the form of 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; and for other purposes.

The above item was forwarded from committee on Substitute Without Recommendation. Chairperson Moore sounded the caption to 03-O-1448 and a discussion ensued, during which, Ms. Moore made a Motion to bring forth a Substitute. It was properly

Council President Cathy Woolard Presided

COMMITTEE REPORTS (CONT'D)

FINANCE/EXECUTIVE COMMITTEE (5)

FELICIA A. MOORE, CHAIR

ORDINANCES FOR SECOND READING (CONT'D)

03O1448 ( 3)An Ordinance by Councilmembers Felicia A. Moore and

(Cont'd) H. Lamar Willis as Substituted by Finance/Executive Committee a Fifth 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 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) and the Fourth Supplemental Bond Ordinance of the City of Atlanta adopted on June 2, 2003 (03-O-0835) to provide for the issuance of Hybrid Bonds secured by PFC Revenues and General Revenues to provide funds to finance or refinance, in whole or in part, the cost of the panning, engineering, design, acquisition and construction of certain improvements to William B. Hartsfield Atlanta International Airport, to provide for a reasonably required debt service reserve and to pay expenses relating thereto; to authorize the preparation, use and distribution of a preliminary official statement in connection with the offer and sale of the 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 provide for the issuance of Airport Limited Obligation Bond Anticipation Notes to provide funds to finance such undertaking on an interim basis; to ratify, authorize and approve the preparation, use and distribution of a preliminary official statement and a final official statement in connection with the offer and sale of the Bond Anticipation Notes; to provide for the form of 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; and for other purposes.

Seconded and the Motion CARRIED by a roll call vote of 13 yeas; 0 nays. The Substitute was before the Council. Chairperson Moore then made a Motion to Adopt on Substitute. It was Seconded by Councilmember Boazman.

Council President Cathy Woolard Presided

COMMITTEE REPORTS (CONT'D)

FINANCE/EXECUTIVE COMMITTEE (6)

FELICIA A. MOORE, CHAIR

ORDINANCES FOR SECOND READING (CONT'D)

03O1448 ( 3)An Ordinance by Councilmembers Felicia A. Moore and

(Cont'd) H. Lamar Willis as Substituted by Finance/Executive Committee a Fifth 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 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) and the Fourth Supplemental Bond Ordinance of the City of Atlanta adopted on June 2, 2003 (03-O-0835) to provide for the issuance of Hybrid Bonds secured by PFC Revenues and General Revenues to provide funds to finance or refinance, in whole or in part, the cost of the panning, engineering, design, acquisition and construction of certain improvements to William B. Hartsfield Atlanta International Airport, to provide for a reasonably required debt service reserve and to pay expenses relating thereto; to authorize the preparation, use and distribution of a preliminary official statement in connection with the offer and sale of the 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 provide for the issuance of Airport Limited Obligation Bond Anticipation Notes to provide funds to finance such undertaking on an interim basis; to ratify, authorize and approve the preparation, use and distribution of a preliminary official statement and a final official statement in connection with the offer and sale of the Bond Anticipation Notes; to provide for the form of 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; and for other purposes.

Following, Councilmember Norwood was recognized and made a Substitute Motion to Refer the ordinance back to the Finance/Executive Committee. It was properly Seconded and a discussion ensued. Following, the Motion to Refer FAILED by a roll call vote of 5 yeas; 7 nays; 1 abstention.

Council President Cathy Woolard Presided

COMMITTEE REPORTS (CONT'D)

FINANCE/EXECUTIVE COMMITTEE (7)

FELICIA A. MOORE, CHAIR

ORDINANCES FOR SECOND READING (CONT'D)

03O1448 ( 3)An Ordinance by Councilmembers Felicia A. Moore and

(Cont'd) H. Lamar Willis as Substituted by Finance/Executive Committee a Fifth 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 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) and the Fourth Supplemental Bond Ordinance of the City of Atlanta adopted on June 2, 2003 (03-O-0835) to provide for the issuance of Hybrid Bonds secured by PFC Revenues and General Revenues to provide funds to finance or refinance, in whole or in part, the cost of the panning, engineering, design, acquisition and construction of certain improvements to William B. Hartsfield Atlanta International Airport, to provide for a reasonably required debt service reserve and to pay expenses relating thereto; to authorize the preparation, use and distribution of a preliminary official statement in connection with the offer and sale of the 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 provide for the issuance of Airport Limited Obligation Bond Anticipation Notes to provide funds to finance such undertaking on an interim basis; to ratify, authorize and approve the preparation, use and distribution of a preliminary official statement and a final official statement in connection with the offer and sale of the Bond Anticipation Notes; to provide for the form of 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; and for other purposes.

Thereafter, Chairperson Moore made a Motion to Adopt on Substitute. It was Seconded by Councilmember Winslow and the Motion CARRIED by a voice recorded vote of 10 yeas; 2 nays; 1 abstention. (Due to technical difficulties with the voting machine, a voice recorded vote was taken for the final vote.)

ADOPTED SUBSTITUTE BY A VOICE RECORDED VOTE OF 10 YEAS; 2 NAYS; 1 ABSTENTION

Council President Cathy Woolard Presided

COMMITTEE REPORTS (CONT'D)

FINANCE/EXECUTIVE COMMITTEE (8)

FELICIA A. MOORE, CHAIR

RESOLUTIONS

03R1439 ( 1)A Resolution by Councilmember Jim Maddox as Substituted and Amended by Finance/Executive Committee authorizing the Mayor to enter into Intergovernmental Agreement (IGA) with Fulton County for the provision of animal control services for a period of one year in an amount not to exceed $772,298.00; with an option to renew the agreement for one additional year; and for other purposes.

Chairperson Moore sounded the caption to 03-R-1439 and stated the resolution was forwarded from committee with a Favorable on Substitute as Amended recommendation. Following, an extensive discussion ensued, during which, Council deferred the item to later during the meeting. Later during the meeting, a discussion ensued on the above item, during which, Councilmember Boazman made a Substitute Motion to Refer 03-R-1439 back to the Finance/Executive Committee. It was Seconded by Councilmember Moore and another discussion ensued. Following, Councilmember Boazman withdrew his Motion to Refer, and likewise, Councilmember Moore withdrew her Second to the Motion. Thereafter, the Motion to Adopt on Substitute as Amended was moved and CARRIED by a roll call vote of 12 yeas; 1 nay.

ADOPTED SUBSTITUTE AS AMENDED BY A ROLL CALL VOTE OF 12 YEAS; 1 NAY

03R1450 ( 2)A Resolution by Councilmember Felicia A. Moore providing for the call of a public meeting of the Council of the City of Atlanta for consideration of certain ordinances which, if adopted and approved, will authorize the City of Atlanta to issue $8,000,000.00 in Aggregate Principal Amount of Various Purpose General Obligation Bonds; the publication of Notice to the Public of the call and holding of such meeting; and for other purposes.

ADOPTED BY A ROLL CALL VOTE OF 11 YEAS; 1 NAY

Council President Cathy Woolard Presided

COMMITTEE REPORTS (CONT'D)

FINANCE/EXECUTIVE COMMITTEE (9)

FELICIA A. MOORE, CHAIR

ITEM REMOVED FROM CONSENT AGENDA

03R1463 ( 1)An Amended Resolution by Finance/Executive Committee authorizing the Mayor to enter into an agreement to extend the Health and Dental Insurances for Plan Year 2004 with Blue Cross Blue Shield of Georgia, Inc., (FC-7135-99D); Kaiser Foundation Health Plan of Georgia, Inc.-Kaiser Permanente (FC-7135-99B); Blue Cross Blue Shield of Georgia, Inc./Group Insurance Administration, Inc., a joint venture (FC-7135-99E); OHS, a Compbenefits Company (FC-7135-99F) for FC-7135-99, Health and Dental Benefits; establishing premium rates for Health and Dental Insurance for 2004; and for other purposes.

The above item was removed from the Consent Agenda by request of Councilmember Starnes. Chairperson Moore sounded the caption to 03-R-1463 and a brief discussion ensued, during which, Councilmember Starnes made a Motion to bring forth a Substitute. It was Seconded by Councilmember Winslow and the Motion CARRIED by a roll call vote of 10 yeas; 2 nays. The Substitute was before the Council. An extensive discussion ensued, followed by Councilmember Moore's Motion to Adopt on Substitute. It was properly Seconded and the Motion CARRIED by a roll call vote of 11 yeas; 2 nays.

ADOPTED SUBSTITUTE AS AMENDED BY A ROLL CALL VOTE OF 11 YEAS; 2 NAYS

Council President Cathy Woolard Presided

COMMITTEE REPORTS (CONT'D)

TRANSPORTATION COMMITTEE (1)

H. LAMAR WILLIS, CHAIR

Attendance at the September 10, 2003 meeting of the Transportation Committee was as follows:

Present: Councilmembers Willis (Chair), Boazman, Moore, Muller, Mitchell and Smith

Absent: Councilmember Martin

RESOLUTION

03R1391 ( 1)A Resolution by Transportation Committee authorizing the Mayor or her designee to execute an amendatory agreement with Delta Air Lines, Inc., covering the reimbursement of funds related to certain special facility bonds by the City and memorializing the repayment terms of that reimbursement under the amended and restated lease agreement between the City of Atlanta and Delta Air Lines, Inc. for the Technical Operations Center and Central Terminal Support Area, Dated December 1, 1989, at Hartsfield Atlanta International Airport (the "TOC/CTSA Lease"); for an amount not to exceed $5,400,000.00, to be charged to and paid from Fund, Account and Center Number: 2H27 529010 R21E010493CG; and for other purposes.

Councilmember Mitchell noted for the record of his abstention to 03-R-1391 due to a potential conflict of interest.

ADOPTED BY A ROLL CALL VOTE OF 11 YEAS; 0 NAYS; 1 ABSTENTION

Council President Cathy Woolard Presided

COMMITTEE REPORTS (CONT'D)

ZONING COMMITTEE (1)

IVORY LEE YOUNG, JR., CHAIR

Attendance at the September 10, 2003 meeting of the Zoning Committee was as follows:

Present: Councilmembers Young (Chair), Moore, Boazman, Norwood, Shook and Starnes

Absent: Councilmember Archibong

The Standing Committee of Zoning did not have a committee report.

Council President Cathy Woolard Presided

COMMITTEE REPORTS (CONT'D)

COMMITTEE ON COUNCIL (1)

CARLA SMITH, CHAIR

Attendance at the September 15, 2003 meeting of the Committee on Council was as follows:

Present: Councilmembers Smith (Chair), Fauver, Archibong, Shook and Mitchell

Absent: Councilmembers Maddox and Norwood

COMMUNICATIONS

The following items (03-C-1457 and 03-C-1461) were taken as a collective vote.

03C1457 ( 1)A Communication by Councilmember Anne Fauver to Council President Cathy Woolard submitting the name of Ms. Eleanor W. Malone, to serve as a member of the Commission on Aging. This appointment is for a term of four (4) years, scheduled to begin on the date of Council confirmation.

CONFIRMED BY A ROLL CALL VOTE OF 12 YEAS; 0 NAYS

03C1461 ( 2)A Communication by Councilmembers Felicia Moore and C. T. Martin appointing Ms. Jeanette Foreman, to serve as a member of the Peoples TV Board. This appointment is for a term to end on December 31, 2004.

CONFIRMED BY A ROLL CALL VOTE OF 12 YEAS; 0 NAYS

ORDINANCE FOR SECOND READING

03O1219 ( 1)An Ordinance by Committee on Council to amend the 2001 City of Atlanta Precinct and Polling Places in Precincts, 2P, 5B, 7E and 11E3; and for other purposes. (Held 9/2/03)

ADOPTED BY A ROLL CALL VOTE OF 11 YEAS; 0 NAYS

 

PERSONAL PAPERS

Council President Cathy Woolard Presided

PERSONAL PAPERS

ORDINANCES/REFERRED

03O1464 ( 1)An Ordinance by Councilmember C. T. Martin to change the name of Hartsfield Atlanta International Airport to the Jackson/Hartsfield International Airport in honor of Atlanta's former Mayor Maynard Holbrook Jackson, Jr.; to establish an appropriate Exhibit Hall; and for other purposes.

REFERRED TO COMMITTEE ON COUNCIL WITHOUT OBJECTION

03O1465 ( 2)An Ordinance by Councilmember Derrick Boazman to place life-sized statues of former Mayors William B. Hartsfield and Maynard Holbrook Jackson, Jr. at Hartsfield Atlanta International Airport.

REFERRED TO COMMITTEE ON COUNCIL WITHOUT OBJECTION

03O1466 ( 3)An Ordinance by Councilmember Derrick Boazman to name the new International Terminal at Hartsfield Atlanta International Airport, the William B. Hartsfield International Terminal.

REFERRED TO COMMITTEE ON COUNCIL WITHOUT OBJECTION

03O1467 ( 4)An Ordinance by Councilmembers Derrick Boazman, C. T. Martin, Natalyn Archibong and Ivory Lee Young, Jr. to change the name of Hartsfield Atlanta International Airport to the Maynard Holbrook Jackson, Jr. International Airport in honor of Atlanta's former Mayor Maynard Holbrook Jackson, Jr.

REFERRED TO COMMITTEE ON COUNCIL WITHOUT OBJECTION

03O1468 ( 5)An Ordinance by Councilmember Anne Fauver to amend Section 138-60 of the Code of Ordinances of the City of Atlanta for the purpose of setting uniform fees for organizations, including for-profit corporations, non-profit corporation and charitable organizations that use the City's Rights-Of-Way (R-O-W) to display banners; and for other purposes.

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

Council President Cathy Woolard Presided

PERSONAL PAPERS (CONT'D)

ORDINANCES/REFERRED (CONT'D)

03O1469 ( 6)An Ordinance by Councilmember Debi Starnes to abandon the following portions of property, being more specifically described in the legal description attached as Exhibit "A," and the plat attached as Exhibit "B,": (1) Venable Street from Alexander Street to Mills Street, said property lying and being in Land Lot 79 of District 14, Fulton County, Georgia; and for other purposes.

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

03O1470 ( 7)An Ordinance by Councilmembers Mary Norwood and Ivory Lee Young, Jr. to impose a moratorium on permits for new construction, exterior rehabilitation and the granting of any zoning change or variance for land or special use permit, or structures located on land, currently zoned Industrial (I-1) or Light Industrial (I-2) in the Donald P. Hollowell Study Area and surrounding area for a period not to exceed six months; and for other purposes.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

03O1471 ( 8)An Ordinance by Councilmember Derrick Boazman granting the maximum recompense of $5,000 per acre to the developers of the Brookside Park Apartments, located at 1780 Metropolitan Parkway, Land Lot 90, District 14, Atlanta, Georgia; and for other purposes.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

03O1472 ( 9)An Ordinance by Councilmember C. T. Martin to amend Section 106-81 (6) of the Code of Ordinances of the City of Atlanta so as to define specific punishments for violation of this section; and for other purposes.

REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

03O1474 (10)An Ordinance by Councilmembers Felicia A. Moore, Carla Smith, H. L. Willis, Mary Norwood, Ceasar C. Mitchell, Natalyn Archibong, Clair Muller, Howard Shook and Anne Fauver authorizing the Mayor or her designee to install a painted cross walk with rubber uprights at 55 Trinity Avenue for the protection and general welfare of the citizens and employees of the City of Atlanta; and for other purposes.

REFERRED TO TRANSPORTATION COMMITTEE WITHOUT OBJECTION

Council President Cathy Woolard Presided

PERSONAL PAPERS (CONT'D)

ORDINANCES/REFERRED (CONT'D)

03O1475 (11)An Ordinance by Councilmember Debi Starnes to amend the Land Use and General Government Elements of the City of Atlanta 2004-2019 Comprehensive Development Plan (CDP) so as to add and delete various NPU Land Use policies and to add policies regarding Sustainable Development Design Standards; and for other purposes.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

03O1476 (12)An Ordinance by Councilmember Debi Starnes authorizing the Commissioner of Public Works, on behalf of the Mayor, to waive Paragraph Four (4) of Section 138-60 of the Code of Ordinances of the City of Atlanta, for the issuance of a banner permit to Big Bethel Methodist Church; and for other purposes.

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

03O1478 (13)An Ordinance by Councilmember H. L. Willis authorizing the City Attorney to institute necessary legal action through condemnation by declaration of taking method to obtain fee simple title to the real properties described and identified herein below, said properties being located in Clayton County and necessary for public use in connection with the Fifth Runway Project at Hartsfield Atlanta International Airport, with the costs thereof to be charged to and paid from Fund Account Center No. 2H26 571001 R21E052096AA; and for other purposes.

REFERRED TO TRANSPORTATION COMMITTEE WITHOUT OBJECTION

03O1479 (14)An Ordinance by Councilmember H. L. Willis authorizing the City Attorney to institute necessary legal action through condemnation by declaration of taking method to obtain fee simple title to the real properties described and identified herein below, said properties being located in Clayton County and necessary for public use in connection with the Fifth Runway Project at Hartsfield Atlanta International Airport, with the costs thereof to be charged to and paid from Fund Account Center No. 2H26 571001 R21E052096AA; and for other purposes.

REFERRED TO TRANSPORTATION COMMITTEE WITHOUT OBJECTION

Council President Cathy Woolard Presided

PERSONAL PAPERS (CONT'D)

ORDINANCES/REFERRED (CONT'D)

03O1481 (15)An Ordinance by Councilmember Ivory Young to amend the description of the Rock-Vine Sewer Infrastructure Improvement Project, described in City of Atlanta Ordinance 03-O-0311; and for other purposes.

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

03O1482 (16)An Ordinance by Councilmember Ivory Lee Young to

CDP-03-25 amend the Land Use Element of the City of Atlanta 2004 Comprehensive Development Plan (CDP) so as to re-designate property that is located at 690 Paines Avenue, N.W., from the "Industrial" Land Use Designation to the "Low Density Commercial" Land Use Designation; and for other purposes.

NPU 'L' Council District 3

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

03O1483 (17)An Ordinance by Councilmember Ivory Lee Young to

CDP-03-26 amend the Land Use Element of the City of Atlanta 2004 Comprehensive Development Plan (CDP) so as to re-designate property that is located at 24-28-36-40 Daniel Street, SE from the "Low Density Residential" Land Use Designation to the "Medium Density Residential" Land Use Designation; and for other purposes.

NPU 'M' Council District 2

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

RESOLUTIONS/REFERRED

03R1473 ( 1)A Resolution by Councilmember Natalyn Mosby Archibong to request a traffic study of commercial truck traffic on Chester Avenue, from Fulton Street, SE to Wylie Street, SE; to direct the Transportation Committee to conduct a public hearing; propose legislation on this subject; and for other purposes.

REFERRED TO TRANSPORTATION COMMITTEE WITHOUT OBJECTION

Council President Cathy Woolard Presided

PERSONAL PAPERS (CONT'D)

RESOLUTIONS/REFERRED (CONT'D)

03R1477 ( 2)A Resolution by Councilmember Clair Muller to authorize 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) 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.

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

03R1480 ( 3)A Resolution by Councilmember Ivory Lee Young, Jr. to support the Atlanta Community Food Bank located in the Community Development Impact Area and the Linkage Community of the Atlanta Empowerment Zone to waive impact fees for the Atlanta Food Bank at 732 Joseph E. Lowery Blvd. where they presently are renovating and expanding their facilities which support many low income families in the Atlanta Empowerment Zone with jobs, programs and support numerous food programs which support empowerment zone and low income families across the City. Recognizing the importance of encouraging the growth of existing businesses and human service providers, which serves the disadvantage.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

 

ADJOURNMENT

Council President Cathy Woolard Presided

ADJOURNMENT

There being no further business to discuss the September 15, 2003 meeting of the Atlanta City Council was adjourned at 3:30 p.m.

ADJOURNMENT ROLL CALL: Council President Cathy Woolard (1); Councilmembers Smith, Starnes, Young, Winslow, Archibong, Fauver, Shook, Muller, Moore, Boazman, Mitchell, Norwood and Willis (13).


State of Georgia
ATLANTA CITY COUNCIL

Regular Session
Cathy Woolard
President

Rhonda Johnson Municipal Clerk

ROLL CALL TRANSCRIPT

Legislative Session Day
Monday, September 15, 2003
1ATTENDANCE
Outcome:ATTENDARCS #5003

Total Votes:16Yea11Nay0Not Voting3Excused0Abstain0Absent2

Yea:
Member (s): Boazman, Fauver, Mitchell, Moore, Muller, Norwood, Shook, Starnes, Willis, Woolard, Young

Not Voting:
Member (s): Archibong, Smith, Winslow

Absent:
Member (s): Maddox, Martin
2ATTENDANCE
Outcome:ATTENDARCS #5004

Total Votes:16Yea13Nay0Not Voting1Excused0Abstain0Absent2

Yea:
Member (s): Archibong, Boazman, Fauver, Mitchell, Moore, Muller, Norwood, Shook, Smith, Starnes, Willis, Woolard, Young

Not Voting:
Member (s): Winslow

Absent:
Member (s): Maddox, Martin
3CONSENT I
CONSENT I PGS 1-13, EXCEPT:03-R-1449 Outcome:PASSEDRCS #5005

ADOPT

Total Votes:16Yea9Nay0Not Voting5Excused0Abstain0Absent2

Yea:
Member (s): Archibong, Fauver, Mitchell, Moore, Muller, Norwood, Shook, Willis, Young

Not Voting:
Member (s): Boazman, Smith, Starnes, Winslow, Woolard

Absent:
Member (s): Maddox, Martin

Page 1 of 8
4PROCEDURAL
Outcome:PASSEDRCS #5006

RECONSIDER

Total Votes:16Yea10Nay0Not Voting4Excused0Abstain0Absent2

Yea:
Member (s): Archibong, Fauver, Mitchell, Moore, Muller, Norwood, Shook, Starnes, Willis, Young

Not Voting:
Member (s): Boazman, Smith, Winslow, Woolard

Absent:
Member (s): Maddox, Martin
5CONSENT I
CONSENT I PGS 1-13, EXCEPT:03-R-1449 03-R-1460 Outcome:PASSEDRCS #5007

ADOPT

Total Votes:16Yea10Nay0Not Voting4Excused0Abstain0Absent2

Yea:
Member (s): Archibong, Fauver, Mitchell, Moore, Muller, Norwood, Shook, Starnes, Willis, Young

Not Voting:
Member (s): Boazman, Smith, Winslow, Woolard

Absent:
Member (s): Maddox, Martin
6CONSENT I
CONSENT I 03-R-1449 Outcome:PASSEDRCS #5008

ADOPT

Total Votes:16Yea9Nay0Not Voting4Excused0Abstain1Absent2

Yea:
Member (s): Archibong, Fauver, Moore, Muller, Norwood, Shook, Starnes, Willis, Young

Not Voting:
Member (s): Boazman, Smith, Winslow, Woolard

Abstain:
Member (s): Mitchell

Absent:
Member (s): Maddox, Martin
703-O-1113
AMEND 130-43 TO CREATE A FRANCHISE SYS PRIVATE Outcome:PASSEDRCS #5009

CO. COLL/TRANSP RES SOLID WASTE

FILE

Total Votes:16Yea8Nay1Not Voting5Excused0Abstain0Absent2

Yea:
Member (s): Archibong, Fauver, Mitchell, Muller, Norwood, Shook, Smith, Willis

Nay:
Member (s): Moore

Not Voting:
Member (s): Boazman, Starnes, Winslow, Woolard, Young

Absent:
Member (s): Maddox, Martin

Page 2 of 8
803-O-1350
AMEND 138-60 SET/ADD FEES FOR FOR-/NON- PROFIT Outcome:PASSEDRCS #5010

ORGS USE RIGHT-OF-WAY FOR BANNERS

SUB FWD

Total Votes:16Yea11Nay1Not Voting2Excused0Abstain0Absent2

Yea:
Member (s): Archibong, Fauver, Mitchell, Muller, Norwood, Shook, Smith, Starnes, Willis, Winslow, Young

Nay:
Member (s): Moore

Not Voting:
Member (s): Boazman, Woolard

Absent:
Member (s): Maddox, Martin
903-O-1350
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