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ATLANTA CITY COUNCIL

AGENDA

November 15, 2004

Order of Business for the Atlanta City Council

Monday, November 15, 2004

The Honorable Lisa M. Borders, Presiding

1:00 P. M.

 1.        Call to Order

 2.        Roll Call

 3.        Invocation

 4.        Pledge of Allegiance

                        Page

 5.        Proclamations, Commendations and other Special Awards                    2

 6.        Remarks by the Public

 7.        Report of the Journal

 8.        Communications                       2

 9.        Adoption of Agenda

10.       Consideration of Vetoed Legislation

11.       Unfinished Business                  3

12.       Consent Agenda                       4

13.       Report of Standing Committees Committee Chairs

            Transportation Committee         Felicia A. Moore          34

            Zoning Committee        Ivory Lee Young, Jr.     38

            Finance/Executive Committee   Debi Starnes     65

            Committee on Council**          Carla Smith      72

            City Utilities Committee        Howard Shook            73

            Community Development/Human

            Resources Committee   Ceasar C. Mitchell        80

            Public Safety and Legal

            Administration Committee    H. Lamar Willis          83

14.       Personal Papers and General Remarks

15.       Announcements

16.       Adjournment: Roll Call

*          No Report

**        No Report at Time of Agenda Preparation

***      Items that did not appear on any committee’s Regular printed agenda. (Pages 9, 10, 17, 25, 26, 32, 33, 39-43 & 83)

5.         PROCLAMATIONS, COMMENDATIONS AND OTHER SPECIAL AWARDS

Councilmember C. T. Martin – James Petty, a dedicated City of Atlanta Employee and Samuel E. Tompkins, the Atlanta branch of Wood & Tompkins Cores, Inc.

6.         REMARKS BY THE PUBLIC

Persons who have signed up to speak prior to today’s Council Meeting will be allowed two minutes per person with a maximum time of 30 minutes for public comment pursuant to Section 2-104 of the Atlanta City Code of Ordinances.  Additional time is allowed only by vote of the Council.

7.         REPORT OF THE JOURNAL

The Action Minutes of the Atlanta City Council’s Regular Meeting held on November 01, 2004 reported by Municipal Clerk Rhonda Dauphin Johnson.

8.         COMMUNICATIONS

04C2090( 1)            A Communication by Mayor Shirley Franklin appointing Hans K. Klein to serve as a member of the Telecommunications Policy and Advisory Committee (TelePAC) for the City of Atlanta.  This appointment is for a term of ninety (90) days.

RECOMMENDATION TO FILE

04C2091( 2)            A Communication by Michael D. Johnson, Chair, Board of Ethics, informing the selection of Chuck Barlow by the Atlanta Business League as their representative on the City of Atlanta’s Board of Ethics.  This appointment is for a term of three (3) years.

RECOMMENDATION TO FILE

11.       UNFINISHED BUSINESS

04O1801(1) An Ordinance by Finance/Executive Committee providing for (1) the sale of $8,000,000.00 City of Atlanta various purpose General Obligation Bonds, Series 2004A (The “Series 2004A Bonds”) and $_______ City of Atlanta General Obligation Public Improvement Bonds, Series 2004B (The “Series 2004B Bonds” and, together with the Series 2004A Bonds, the “Bonds”); (2) the redemption of the Bonds prior to the maturity upon certain terms and conditions; (3) the

11.       UNFINISHED BUSINESS (CONT’D)

execution and delivery of said Bonds; (4) the forms of said Bonds; (5) the levy of a continuing Direct Annual Ad Valorem Tax without limit as to rate or amount to pay the Bonds and the interest thereon when due and payable; (6) the creation and maintenance of a Project Fund and two Bond Funds; (7) the acceptance of the best responsible bid resulting in the lowest true interest cost for the Bonds and the delivery of the Bonds; (8) the approval of an official statement with respect to said Bonds and authorizing the execution and delivery thereof; (9) the execution of a certificate pertaining to the use of the proceeds derived from the sale of said Bonds; (10) the undertaking of a continuing disclosure commitment in compliance with S.E.C. Rule 15C2-12(B)(5); and (11) for other purposes.

At the Council’s Regularly Scheduled Meeting of November 1, 2004, Finance/Executive Committee Chairperson Starnes sounded the caption of Ordinance 04O1801 and noted it was forwarded from committee with No Recommendation.  Ms. Starnes then made a Motion to Table the ordinance in anticipation of consideration at a future Special Called Council Meeting.  Without Objection, the Motion CARRIED by a roll call vote of 12 yeas; 0 nays.

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

12.       C O N S E N T      A G E N D A

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

SECTION I

ORDINANCES FOR SECOND READING

FINANCE/EXECUTIVE COMMITTEE - DEBI STARNES, CHAIR

04O1887 ( 1)            A Substitute Ordinance by Finance/Executive Committee amending the 2004 (Intergovernmental Grant Fund) Budget for the Community Court by adding to Anticipations and Appropriations an amount of $128,492.00 from the Georgia Department of Human Resources, Division of Mental Health, Developmental Disabilities and Addictive Diseases (Metro Regional Office) for the purpose of continuing Clinical Assessment Services for Criminal Defendants participating in Community Court; and for other purposes.

CITY UTILITIES COMMITTEE - HOWARD SHOOK, CHAIR

04O1872( 2)            An Ordinance by City Utilities Committee to amend Ordinance 04O0506 adopted by the Council of the City of Atlanta, Georgia on May 3, 2004 and approved by the Mayor of the City of Atlanta, Georgia on May 11, 2004, by changing line amount designated in Section One of said Ordinance referenced by West End Trail Capital Expense, from $876,000.00 to $957,600.00 in order to adopt the actual federal matching amount per Project Management Agreement updated construction cost amounts for the Fiscal Years 2004 to 2006, the Congestion Mitigation and Air Quality (CMAQ) and Surface Transportation Program (STP) funding will be revised from $2,484,000.00 to $2,565,600.00; and for other purposes.

04O1936 ( 3)            An Ordinance by Councilmember Clair Muller as amended by City Utilities Committee to abandon that portion of Commerce Drive, NW located from approximately 458 feet north of Bellemeade Avenue to the northern end of street consisting of .976 acre, more less and being more specifically described in the attached Exhibit “A” lying and being in Land Lot 152 of the 17th District, Fulton County, Georgia; and for other purposes.  (Public Hearing Held 11/9/04)

04O1946( 4)            An Ordinance by City Utilities Committee amending Chapter 154, Article III, Division 3, Sections 154-111 and 154-112 (Water Rates and Charges) and Chapter 154, Article V, Division 3, Sections 154-276 and 154-277 (Sewer Rates and Charges) to reduce the scheduled increases for Water and Sewer Rates for the City of Atlanta, Georgia and to establish a graduated rate of increase for the Water and Sewer Rates for the City of Atlanta to be charged to all residents, premises and facilities served by the water and sewer system of the City; and for other purposes.

04O2030( 5)            An Ordinance by Councilmember Howard Shook as amended by City Utilities Committee to authorize acceptance of dedication of certain rights-of-way to be constructed in accordance with the SPI-15 Subarea 8 Lindbergh Residential Master Plan Map as consideration for abandonment of certain streets; to amend Ordinance 03O1651 which authorized the abandonments; to waive certain provisions of Sections 2-1578 and 138-2 of the Code of Ordinances; and for other purposes.

04O2031 ( 6)            An Ordinance by Councilmember Howard Shook as amended by City Utilities Committee to authorize acceptance of dedication of certain rights-of-way to be constructed in accordance with the SPI-15 Subarea 8 Lindbergh Residential Master Plan Map as consideration for abandonment of certain streets; to amend Ordinance 03O1652 which authorized the abandonments; to waive certain provisions of Sections 2-1578 and 138-2 of the Code of Ordinances; and for other purposes.

04O2038 ( 7)            An Ordinance by Councilmember Felicia A. Moore authorizing the Mayor or her designee to waive the sidewalk requirements of Section 15-09.003 of the City of Atlanta Code of Ordinances, to provide that a certain subdivision SD-04-42 (2260 Paul Avenue) applicant deposit a dollar amount ($6,245.00) equal to the value of the required sidewalk construction into a designated Trust Fund Account for District 9; and for other purposes.

COMMUNITY DEVELOPMENT/

HUMAN RESOURCES COMMITTEE - CEASAR C. MITCHELL, CHAIR

04O1417( 8)   CDP-04-31  An Ordinance by Councilmember Felicia A. Moore 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 1724-1760 Carroll Drive, NW, from the “Industrial” Land Use Designation to the “Single Family Residential” Land Use Designation; and for other purposes.  (CDP Amendment Public Hearing held 9/27/04)

NPU-D                                                            Council District 9

04O1879( 9)            An Amended Ordinance by Community Development/Human Resources Committee to correct Ordinance #03O0553by providing an amended legal description for the “Pittsburg Redevelopment Housing Enterprise Zone” (UEZ-03-07); and for other purposes.

PUBLIC SAFETY AND LEGAL

ADMINISTRATION COMMITTEE - H. LAMAR WILLIS, CHAIR

03O2222(10)           An Ordinance by Councilmember Natalyn Archibong as substituted by Public Safety and Legal Administration Committee to amend the Code of Ordinances Chapter 10, Article II, Division 2, Section 10-106, so as to require all licensees under this division to verify compliance with applicable zoning laws upon renewal of their licenses; and for other purposes.

04O0044(11)           An Ordinance by Councilmembers Howard Shook and Clair Muller as substituted by Public Safety and Legal Administration Committee to amend Section 10-1, Article 1, and Section 10-57, Article II, to Chapter 10 of the Code of Ordinances, City of Atlanta, Georgia, so as to amend the parking requirements for those licensed to sell alcoholic beverages; and for other purposes. 

04O2036(12)           An Ordinance by Councilmember Jim Maddox to amend Chapter 10, Article II, Section 10-92(B) of the City of Atlanta Code of Ordinances so as to provide an exemption from the distance requirements for package stores licensed to sell malt beverages and/or wine by the package listed in Section 10-88.1 for an establishment located at 4485 Campbellton Road, SW; and for other purposes.

RESOLUTIONS

TRANSPORTATION COMMITTEE - FELICIA A. MOORE, CHAIR

04R1982( 1)            A Resolution by Transportation Committee authorizing the Mayor to execute an appropriate Contractual Agreement with Cleveland Electric Company, for Project Number 3004007812, Concourse E Generator Relocation on behalf of the Department of Aviation to be paid in an amount not to exceed $2,793,190.00; All contracted work shall be charged to and paid from Fund, Account and Center Numbers; 2H30-574001-R21E012693CK in the amount of $2,201,012.00 (2004 Airport Revenue Fund Bond) and 2H30-574001-R21E012693CL in the amount of $592,178.00 (2004 Airport Revenue Fund Bond).

04R1983( 2)            A Resolution by Transportation Committee authorizing the Mayor or her designee to execute a Contractual Agreement with Andree Studios, Incorporated and Gary Lee Super Associates Inc., for FC-7472-02 Display Cases at “T” Gates at Hartsfield-Jackson Atlanta International Airport, for the purpose of designing, fabricating, transporting and installing display cases as part of the Airport Art Program, for a cost to the City not to exceed $287,950.00 to be charged to and paid from Fund, Account and  Center No. 2H21 576001 R21002 (Renewal & Extension Fund); and for other purposes.

04R1984( 3)            A Resolution by Transportation Committee authorizing the Aviation General Manager to issue a Work Authorization to Hartsfield Support Services Team for FC-7369-01, Architectural and Engineering Major Support Services in an amount not to exceed $330,000.00 for Architectural and Engineering Design of the demolition of the existing FAA Control Tower and complete the Design of the Runway 10-28 Aircraft Rescue and Firefighting Facility (ARFF) Projects at Hartsfield-Jackson Atlanta International Airport.  All contracted work shall be charged to and paid from Fund, Account, and Center Number 2H21 524001 R21E102099999 (Renewal & Extension Fund).

04R1985( 4)            An Amended Resolution by Transportation Committee authorizing the Mayor or her designee to execute an Amendment to FC-7333-01 Financial Feasibility Study for the Consolidated Rental Car Facility at Hartsfield-Jackson Atlanta International Airport extending the term of the contract through July 30, 2005, on behalf of the Department of Aviation; and for other purposes.

04R1988( 5)            A Resolution by Transportation Committee authorizing the Mayor to execute a Lease Agreement with the United States of America for the lease of certain space (87,460 square feet of rentable space) within the former Georgia International Convention Center located in College Park, Georgia for the use of the Federal Emergency Management Agency, such space to be leased at Actual Cost for the operation of the space; and for other purposes.

FINANCE/EXECUTIVE COMMITTEE - DEBI STARNES, CHAIR

04R1977( 6)            A Resolution by Finance/Executive Committee authorizing the Mayor or her designee to accept the name change of US Filter Operating Services to Veolia Water North America, registered to do business in the State of Georgia, to be referred to herein thereafter for FC-7338-01, Long-Term Biosolids Management Services Contractor.

04R1979( 7)            A Resolution by Finance/Executive Committee authorizing the Chief Procurement Officer to utilize the GSA Contract GS-07F-8815D with Kut Kwick Corp. for the purchase of two (2) Commercial Slope Mowers, two (2) Canopies, two (2) Deluxe Gauge packages, two (2) Light kits and two (2) Rotary Beacons on behalf of the Department of Aviation, in an amount not to exceed $76,084.00.  All contracted work shall be charged to and paid from Fund, Account and Center Number: 2H21 (Airport Revenue), 575002 Motorized Equipment, R41001 Maintenance Administration.

04R2041( 8)            A Resolution by Finance/Executive Committee reaffirming the necessity of the $1.50 monthly surcharge on telephone bills for the operation of the “911” system and directing Southern Bell, a BellSouth Company, and all of the telephone companies providing telephone service in the City of Atlanta, to continue collecting the surcharge for the period January 1, through December 31, 2005.

04R2042( 9)            A Resolution by Finance/Executive Committee reaffirming the necessity of the $1.50 monthly surcharge upon each wireless telecommunication connection subscribed to telephone subscribers whose billing address is within the City of Atlanta, pursuant to the authorization granted in Sections 46-5-133(A) and 46-5-134(A)(2)(A) of the Official Code of Georgia Annotated; and for other purposes.

04R2092(10)           An Amended Resolution by Finance/Executive Committee

***      authorizing the Mayor to enter into a contractual agreement for FC-6004007808 the Voluntary Insurance and FSA Benefits with American Family Life Assurance Company of Columbus (AFLAC) for 2005; and said shall be charged to and paid from the appropriate Fund, Account and Center Number: 1A01 211592 A00001 (DED-AFLAC Sup Insurance); and for other purposes.

04R2093(11)           An Amended Resolution by Finance/Executive Committee

***      authorizing the Mayor to enter into a contractual agreement with Standard Life Insurance Company for FC-6004007808 the Life Insurance for 2005; and said shall be charged to and paid from the appropriate Fund, Account and Center Numbers: 3T01 527007 T62202 Employee Life Insurance Expense, 3T01 529010 T62202 Employee Life Insurance Expense-Retiree; and for other purposes.

04R2094(12)           An Amended Resolution by Finance/Executive Committee

***      authorizing the Mayor to enter into contractual Agreements for FC-6004007808 the Health, Dental and Voluntary Vision Insurances with Blue Cross Blue Shield of Georgia, Inc.; Kaiser Foundation Health Plan of Georgia, Inc.; Kaiser Permanente; United Healthcare – a United Health Group Company; CIGNA Healthcare of Georgia; OHS, a Compbenefits Company; and Spectera, a United Healthcare Group, establishing premium rates for Health, Dental aAnd Voluntary Vision Employee-Funded Insurance for 2005 and said shall be charged to and paid from the appropriate Fund, Account and Center Numbers; 3T01 527007 T62102 Employee Health Insurance Expense; 3T01 529019 T62103 Non-employee Health Insurance Retirees, 3T01 527015 T62305 Visioncare Insurance Employees, 3T01 520946 T62306 Visioncare Insurance Retirees; and for other purposes.

04R2095(13)           A Resolution by Finance/Executive Committee for the

***      of an Amendment to Contract FC-751-02 with Trinity Services Group, Inc., for Food Services at the City of Atlanta Detention Center in the amount of $400,000.00 for the purpose of providing adequate funding for the supply of Inmate Food Services on behalf of the Department of Corrections:  All contracted work shall be charged to and paid from 1A01 524001 I21003 (Consulting and Professional Services).

04R2096(14)           A Resolution by Finance/Executive Committee to express the

***      intent of the Atlanta City Council to approve ordinances to amend the Pension Plans for the Firefighters’, Police and General Employees’ Pension Plans; and for other purposes

CITY UTILITIES COMMITTEE - HOWARD SHOOK, CHAIR

04R1875(15)           A Substitute Resolution by City Utilities Committee authorizing the Mayor or her designee to enter into an appropriate contractual agreement with Steamatic of Greater Atlanta for FC-6004007835, Annual Contract for Clean-up Services for Sewage Spills Inside Dwellings, on behalf of the Department of Watershed Management  in an amount not to exceed $157,680.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: 2J01 523001 Q38210.

04R1876(16)           A Substitute Resolution by City Utilities Committee authorizing the Mayor or her designee to enter into an appropriate contractual agreement with Player and Company, Inc., for FC-6004007825, Annual Contract for Major Electrical Repairs on behalf of the Department of Watershed Management in an amount not to exceed $256,491.00.  All contracted work shall be charged to and paid from Fund, Account and Center Number:  2J01 523001 Q64001 (Water & Waste Revenue Fund).

04R1877(17)           A Substitute Resolution by City Utilities Committee authorizing the Mayor or her designee to enter into an appropriate contractual agreement with Player and Company, Inc., for FC-6004007826, Annual Contract for Major Mechanical Repairs on behalf of the Department of Watershed Management in an amount not to exceed $398,800.00.  All contracted work shall be charged to and paid from Fund, Account and Center Numbers:  2J21 523001 Q64001 (Water & Waste Renewal and Extension Fund).

04R1950(18)           A Resolution by City Utilities Committee authorizing the Mayor or designee to issue a Notice to Proceed with Jacobs/PRAD/PBS & J, a Joint Venture, for FC-7619-03D, Annual Contract for Architectural and Engineering Services for Construction Services for the City of Atlanta  Bike Route Plan, on behalf of the Department of Public Works Quality of Life Bond Program in an amount not to exceed $92,329.82.  All contracted work shall be charged to and paid from Fund, Account and Center Number:  1C45 574001 M41F070392BG (Quality of Life Bond).

04R1951(19)           A Substitute Resolution by City Utilities Committee authorizing the Mayor or her designee to enter into an appropriate contractual agreement with W. L. Hailey & Company, Inc., for FC-6004007837, West Area CSO Dechlorination Facilities, on behalf of the Department of Watershed Management in an amount not to exceed $4,444,300.00.  All contracted work shall be charged to and paid from Fund, Account and Center Number:  2J27 574001 Q38I02699999.

04R1953(20)           A Resolution by City Utilities Committee authorizing the Mayor or her designee to install a sewer connection to serve property located at 595 Connally Street as requested by the property owner.

04R1954(21)           A Resolution by City Utilities Committee authorizing the Mayor or her designee to install a sewer connection to serve property located at 239 Glenwood Avenue as requested by the property owner.

04R1957(22)           A Substitute Resolution by City Utilities Committee authorizing the Mayor or her designee to issue a Notice to Proceed with Atlanta Services Group, a Joint Venture, for FC-7619-03B, Architectural and Engineering Services for Biosolids Management Services, on behalf of the Department of Watershed Management in an amount not to exceed $1,761,755.00  All contracted work shall be charged to and paid from Various Fund, Account and Center Numbers.

04R1959(23)           A Resolution by City Utilities Committee authorizing the Mayor or her designee to issue a Notice to Proceed with Atlanta Services Group, a Joint Venture, for FC-7619-03B, Annual Contract for Architectural and Engineering Services for 2004 Wastewater Services Operations Assistance Work Order, on behalf of the Department of Watershed Management in an amount not to exceed $159,961.00.  All contracted work shall be charged to and paid from Fund, Account and Center Number:  2J01 524001 Q42001 (Water & Wastewater Revenue Fund).

04R1960(24)           A Substitute Resolution by City Utilities Committee authorizing the Mayor or her designee to issue a Notice to Proceed with Arcadis/BPA, a Joint Venture, for FC-7619-03A, Annual Contract for Architectural and Engineering Services for Koweta Road Pump Station, on behalf of the Department of Watershed Management in an amount not to exceed $2,515,000.00.  All contracted work shall be charged to and paid from Fund, Account and Center Number:  2J28 524001 Q65J08129999.

04R1961(25)           A Resolution by City Utilities Committee authorizing the Mayor or her designee to issue a Notice to Proceed with Arcadis/Brindley Pieters & Associates, a Joint Venture, for FC-7619-03A, Annual Contract for Architectural and Engineering Services for a Safety Audit-Occupational Safety Strategic Plan, on behalf of the Department of Watershed Management in an amount not to exceed $143,000.00.  All contracted work shall be charged to and paid from Fund, Account and Center Number:  2J01 524001 Q12001 (Water and Wastewater Revenue Fund).

04R1962(26)           A Substitute Resolution by City Utilities Committee authorizing the Mayor or her designee to issue a Notice to Proceed with Metcalf & Eddy, Inc./Cardoza Engineering. a Joint Venture, for FC-7619-03E, Annual Contract for Architectural and Engineering Services for Storm Sewer Inventory Study for North and South Forks of Peachtree Creek Drainage Basin, on behalf of the Department of Watershed Management in an amount not to exceed $442,000.00.  All contracted work shall be charged to and paid from Fund, Account and Center Number:  2J01 524001 Q86001 ($342,000.00) & 2J01 524001 Q83001 ($100,000.00) (Water and Wastewater Revenue Fund).

04R1963(27)           A Substitute Resolution by City Utilities Committee authorizing the Mayor or her designee to issue a Notice to Proceed with CH2M Hill/WRJ, a Joint Venture, for FC-7619-03C, Annual Contract for Architectural and Engineering Services for Distribution System Hydraulic Model Update, on behalf of the Department of Watershed Management in an amount not to exceed $396,400,00.  All contracted work shall be charged to and paid from Fund, Account and Center Number:  2J26 574001 Q67I01029999. (1999 Water and Wastewater Bond Fund).

04R1964(28)           A Substitute Resolution by City Utilities Committee authorizing the Mayor or her designee to issue a Notice to Proceed with JP2, a Joint Venture, for FC-7619-03D, Annual Contract for Architectural and Engineering Services for Asset Management System, on behalf of the Department of Watershed Management in an amount not to exceed $437,274.46.  All contracted work shall be charged to and paid from Fund, Account and Center Number:  2J28 524001 Q61J08279999 (2004 Water and Wastewater Bond Fund).

04R1965(29)           A Substitute Resolution by City Utilities Committee authorizing the Mayor or her designee to issue a Notice to Proceed with Shaw Environmental, Inc./AIM Partners, PLC., a Joint Venture, for FC-7619-03F, Annual Contract for Architectural and Engineering Services for Water Lab and Water Lodge Renovation (Building Renovation) Design & CMS, on behalf of the Department of Watershed Management in an amount not to exceed $512,226.00  All contracted work shall be charged to and paid from Fund, Account and Center Number:  2J28 524001 Q67J08239999 (2004 Water and Wastewater Bond Fund).

04R1966(30)           A Substitute Resolution by City Utilities Committee authorizing the Mayor or her designee to issue a Notice to Proceed with Shaw Environmental, Inc./AIM Partners, PLC, a Joint Venture, Annual Contract for Architectural and Engineering Services for FC-7619-03F, for River Intake Erosion Control (Riversill), on behalf of the Department of Watershed Management in an amount not to exceed $994,917.00  All contracted work shall be charged to and paid from Fund, Account and Center Number:  2J28 524001 Q67J08239999 ($476,774.00), 2J28 524001 Q67J05049999 ($250,000.00) and 2J28 524001 Q67J08259999 ($268,143.00) (2004 Water and Wastewater Bond Fund).

04R1967(31)           A Substitute Resolution by City Utilities Committee authorizing the Mayor or her designee to issue a Notice to Proceed with Atlanta Services Group, a Joint Venture, for FC-7619-03B, Annual Contract for Architectural and Engineering Services for Hemphill Plant–Various Improvements, on behalf of the Department of Watershed Management in an amount not to exceed $247,041.00  All contracted work shall be charged to and paid from Fund, Account and Center Number:  2J28 524001 Q67J08239999 ($114,671.00) and 2J28 524001 Q67J02049999 ($132,370.00) (2004 Water and Wastewater Bond Fund).

04R1968(32)           A Substitute Resolution by City Utilities Committee authorizing the Mayor or her designee to issue a Notice to Proceed with Atlanta Services Group, a Joint Venture, for FC-7619-03B, Annual Contract for Architectural and Engineering Services for Flint River Transmission Main Construction Management Services, on behalf of the Department of Watershed Management in an amount not to exceed $828,501.00.  All contracted work shall be charged to and paid from Fund, Account and Center Number:  2J28 524001 Q34I15039999 (2004 Water and Wastewater Bond Fund).

04R1969(33)           A Substitute Resolution by City Utilities Committee authorizing the Mayor or her designee to issue a Notice to Proceed with Atlanta Services Group, a Joint Venture, for FC-7619-03B, Annual Contract for Architectural and Engineering Services for Chattahoochee Plant Various Improvement, on behalf of the Department of Watershed Management in an amount not to exceed $774,128.00  All contracted work shall be charged to and paid from Fund, Account and Center Number:  2J28 524001 Q67J05049999.

04R2024(34)           A Resolution by Councilmember Clair Muller authorizing the Mayor or designee to issue a Notice to Proceed with Atlanta Services Group, for FC-7619-03B, Annual Contract for Architectural and Engineering Services, for Appraisal Services for the City of Atlanta Collier Road Sidewalk Project, on behalf of the Department of Public Works Quality of Life Bond Program in an amount not to exceed $11,620.00.  All contracted work shall be charged to and paid from Fund, Account and Center Number:  1C45 574001 M23F053292BG (Quality of Life Fund).

04R2029(35)           A Resolution by Councilmembers Anne Fauver and Howard Shook authorizing the Mayor or designee to issue a Notice to Proceed with Atlanta Services Group, for FC-7619-03B, Annual Contract for Architectural and Engineering Services, for Appraisal Services for the City of Atlanta North Highland Streetscape Project, on behalf of the Department of Public Works Quality of Life Bond Program in an amount not to exceed $9,960.00.  All contracted work shall be charged to and paid from Fund, Account and Center Number:  1C45 574001 Y63F054992BG (Quality of Life Fund).

04R2033(36)           A Resolution by Councilmember Natalyn Mosby Archibong requesting that the Mayor or her designee issue a Notice to Proceed with Precision 2000, Inc. for the purpose of starting construction on the East Atlanta Village Project and that the City Attorney issue a decision on the use of Quality of Life Funds; and for other purposes.

COMMUNITY DEVELOPMENT/

HUMAN RESOURCES COMMITTEE - CEASAR C. MITCHELL, CHAIR

04R1752(37)           A Resolution by Community Development/Human Resources Committee adopting the Oakland City/Lakewood Livable Centers Initiative (LCI) Plan for the Study Area surrounding the Oakland City and Lakewood/Fort McPherson MARTA Transit Stations and portions of Metropolitan Parkway in NPU’s S and X; and for other purposes.

04R1974(38)           A Resolution by Community Development/Human Resources Committee authorizing the Mayor to apply for and accept a grant in the amount of $99,410.00 under the U. S. Department of Housing and Urban Development’s Economic Development Initiative (EDI) for the renovation and restoration of the Historic Paschal’s Restaurant and Motel; and for other purposes.

04R1975(39)           A Substitute Resolution by Community Development/Human Resources Committee authorizing the Mayor to charge a User Fee for all non-City of Atlanta concerns housed at 818 Pollard Boulevard, Atlanta, Georgia; and for other purposes.

04R2025(40)           A Resolution by Councilmember Clair Muller as amended by Community Development/Human Resources Committee requesting the Mayor to direct the Commissioner of Planning and Community Development to facilitate a process that will expedite Building Permit Applications made by residential homeowners who were victims of hurricanes Jeanne and Ivan; and for other purposes.

04R2085(41)           A Resolution by Community Development/Human Resources

***      Committee authorizing the Mayor to submit three Livable Communities Initiative (LCI) Grant Applicants to the Atlanta Regional Commission for the Simpson Road, Donald L. Hollowell Highway and Campbellton Road LCI Studies; and for other purposes.

PUBLIC SAFETY AND LEGAL

ADMINISTRATION COMMITTEE - H. LAMAR WILLIS, CHAIR

04R1980(42)           A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor or her designee to accept on behalf of the Atlanta Fire and Rescue Department, $125,400.00 in grant funds from the Governor’s Office of Highway Safety in support of the continuation of the Child Safety Seat Fitting Program to help ensure the proper installation of Child Safety Seats, the provision of safety seats when needed and training for parents on installation techniques to promote continued safety.

04R2026(43)           A Resolution by Councilmember H. Lamar Willis authorizing the City Attorney to execute a Retainer Agreement with the Law Firms of Griffin Cochrane & Marshall, Kirkley & Hawker, LLC, and Jenkins & Roberts LLC to serve as Outside Counsel to the City of Atlanta in connection with contract matters, construction management issues, infrastructure and litigation arising from the City of Atlanta’s Capital Improvement Projects related to the City’s compliance with Water and Sewer related Federal Consent Decrees and State Consent Orders; to authorize expenditures for that purpose in an amount not to exceed $250,000.00; and for other purposes.

04R2040(44)           A Resolution by Councilmember Ivory Lee Young, Jr. authorizing the Mayor to apply for and accept funding in the amount of $175,000.00 from the Department of Justice, Community Capacity Development Office for the Vine City Weed and Seed Program.

04R2048(45)           A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to approach the Anne E. Casey Foundation, in collaboration with the Atlanta Police Foundation for a grant not to exceed $100,000.00 to support Youth Programs conducted by the Atlanta Police Athletic League; and for other purposes.

Claims with favorable recommendations

04R1999( 1)            Claim of James Jackson and Nellie Atwater Jackson, for damages alleged to have been sustained as a result of a series of sewer backups on July 1, 2002 and May 5, 2003 at 3473 Dale Lane, SW.    $24,300.81

04R2000( 2)            Claim of MetLife Auto and Home, as subrogee of insured, Lori R. Klodt, for damages alleged to have been sustained when a limb fell from a city vehicle and struck a parked vehicle on July 12, 2004 at 232 Midvale Drive.   $2,149.31

04R2001( 3)            Claim of Nationwide Mutual Fire Insurance Company, as subrogee of Winnifred Copeland, for damages alleged to have been sustained as a result of an automobile accident on August 20, 2004 at Memorial Drive, SE and Chester Avenue, SE. $6,989.87

04R2002( 4)            Claim of Andre and Ereka Griffin, for damages alleged to have been sustained as a result of a sewer backup on September 16, 2004 at 213 Hopkins Street, SW.         $7,063.50

04R2015( 5)            Claim of State Farm Insurance Company, as subrogee of insured, Bernard Javier Luna, for damages alleged to have been sustained from an automobile accident on July 26, 2004 at Ralph McGill Boulevard, NE and Glen Iris Drive, NE       $1,898.00

04R2016( 6)            Claim of State Farm Insurance Companies, as subrogee of Susan Irwin, for damages alleged to have been sustained as a result of an automobile accident on March 12, 2004 at Memorial Drive and Pryor Street.            $3,453.67

04R2017( 7)            Claim of Rutu Chaudhari, for damages alleged to have been sustained as a result of an automobile accident on August 31, 2004 at 649 Bryan Street, SE. $2,948.41

04R2018( 8)            Claim of State Farm Insurance Companies, as subrogee of insured, Angela McCray, for damages alleged to have been sustained from an automobile accident on July 6, 2004 at Moreland and Eastland Avenues, SE.      $11,295.40

04R2019( 9)            Claim of  Joyce Thomas, for damages alleged to have been sustained as a result of an automobile accident on August 14, 2004 at 1380 May Avenue, SE.            $894.19

04R2020(10)           Claim of Fred Amichia, for damages alleged to have been sustained as a result of a vehicular accident on July 14, 2004 at 6000 South Terminal Byway.         $2,152.56

Claims with unfavorable recommendations

04R2003(11)           Claim of Reginald Banks, for damages alleged to have been sustained as a result of striking a catch basin cover on August 30, 2004 at 2000 Lakewood Avenue, SE.

04R2004(12)           Claim of Dale Dexter Clemons, for damages alleged to have been sustained as a result of striking a catch basin cover on August 30, 2004 at 2000 Lakewood Avenue, SE.

04R2005(13)           Claim of Leonard J. Rubin, for damages alleged to have been sustained as a result of an automobile accident on September 17, 2004 at West Paces Ferry and Moores Mill Road.

04R2006(14)           Claim of Pamela Johnson, for damages alleged to have been sustained as a result of an object falling from a city vehicle on August 30, 2004 at Hill Street and Englewood Avenue.

04R2007(15)           Claim of Rudolf Augsburger, for damages alleged to have been sustained as a result of striking a pothole on May 27, 2004 at 6116 Glenridge Drive and Johnson Ferry Road.

04R2008(16)           Claim of Ulisha Hamilton, through her attorney, Khadija C. Cabey, Esq., for damages alleged to have been sustained as a result of a police officer’s failure to apprehend and arrest a subject on September 13, 2003 at 714 Spring Street.

04R2009(17)           Claim of Lawson Elliott Jones, for damages alleged to have been sustained as a result of cash that was found on September 4, 2002 at 417 Callan Circle.

04R2010(18)           Claim of Terry S. Armstrong, for damages alleged to have been sustained as a result of an ongoing storm water problem at 1862 Glenview Drive, SW.

04R2011(19)           Claim of Allstate Indemnity Company, as subrogee of Gwendolyn Dumas, for damages alleged to have been sustained as a result of a vehicular accident on March 22, 2004 at Northside Drive and Whitehall Street.

04R2012(20)           Claim of Cynthia L. Moreland, for damages alleged to have been sustained as a result of water damage on March 22, 2004 at 3189 Pennington Circle.

04R2013(21)           Claim of Karen Klyman, for damages alleged to have been sustained as a result of arrests on August 20, 2001 and December 30, 2001 at 3434 Roswell Road.

04R2014(22)           Claim of Nakosha Smith, through her attorney, Bruce R. Miller, for damages alleged to have been sustained as a result of an incident on July 7, 2003 at 104 Trinity Avenue, SW.

CONSENT AGENDA SECTION II

ORDINANCES FOR FIRST READING

TRANSPORTATION COMMITTEE - FELICIA A. MOORE, CHAIR

04O1989( 1)            An Ordinance by Transportation Committee rescinding Ordinance Number 04O0611 adopted by the Council on May 3, 2004 and approved by the Mayor on May 11, 2004 and authorizing the Mayor or her designee to execute appropriate instruments to evidence the granting of an easement to Georgia Power Company across real property owned by the City of Atlanta in Land Lots 10, 11, 22 and 23 of the 13th District of Clayton County, to provide for permanent access to the Delta Air Lines #1 Power Substation which serves the Delta Air Lines Technical Operations Center, in the area of the Maynard Holbrook Jackson, Jr. International Terminal Project at Hartsfield-Jackson Atlanta International Airport; and for other purposes.

TO BE REFERRED TO TRANSPORTATION COMMITTEE

04O1990 ( 2)            An Ordinance by Transportation Committee authorizing the Mayor or her designee to install No Left Turn signs on Boulevard, NE at Auburn Avenue.

TO BE REFERRED TO TRANSPORTATION COMMITTEE

04O1991( 3)            An Ordinance by Transportation Committee authorizing the Mayor or her designee to make Latimer Street, NW One-Way southwest bound from Luckie Street to Marietta Street.

TO BE REFERRED TO TRANSPORTATION COMMITTEE

04O1992( 4)            An Ordinance by Transportation Committee authorizing the Mayor or her designee to make Western Avenue, NW One-Way westbound from Northside Drive to Walnut Street.

TO BE REFERRED TO TRANSPORTATION COMMITTEE

04O1993( 5)            An Ordinance by Transportation Committee authorizing the Mayor or her designee make Nineteenth Street, NW Two-Way from Spring Street to 140 feet east.

TO BE REFERRED TO TRANSPORTATION COMMITTEE

04O1994( 6)            An Ordinance by Transportation Committee authorizing the Mayor or her designee to install Stop Signs at the following intersections: Merlin Avenue, SE at Battlefield Avenue and Vaughn Street, SE at Whitefoord Avenue.

TO BE REFERRED TO TRANSPORTATION COMMITTEE

04O1995( 7)            An Ordinance by Transportation Committee authorizing the Mayor or her designee to make the speed limit on Auburn Avenue, NE 25 Miles Per Hour.

TO BE REFERRED TO TRANSPORTATION COMMITTEE

04O1996( 8)            An Ordinance by Transportation Committee authorizing the Mayor or her designee to make segments of the following streets within the City of Atlanta No Parking Anytime: Centennial Place NW, Fordham Court, NE and Nineteenth Street, NW.

TO BE REFERRED TO TRANSPORTATION COMMITTEE

04O1997( 9)            An Ordinance by Transportation Committee authorizing the Mayor or her designee to install No Right Turn On Red signs on Peachtree Circle, NE at Peachtree Street; on Rhodes Circle, NE at Peachtree Street; on Seventeenth Street, NE at Peachtree Street; and on Sixteenth Street, NE at Peachtree Street.

TO BE REFERRED TO TRANSPORTATION COMMITTEE

04O1998(10)           An Ordinance by Transportation Committee authorizing the Mayor or her designee to amend the Residential Parking Permit Program to define terms, to establish procedures, to establish requirements, to provide for enforcement; and for other purposes.

TO BE REFERRED TO TRANSPORTATION COMMITTEE

04O2054(11)           An Ordinance by Transportation Committee amending the 2004 [Airport Renewal and Extension Fund (2H21), Airport Passenger Facility Charge Fund (2H26), 2000 Airport Revenue Bond Fund (2H27), 2004 Airport Revenue Bond Fund (2H30), and the 2004 Airport Passenger Facility Charge (PFC) Bond Fund (2H31)] Budgets by transferring to and from appropriations a total amount of $105,551,565.81 for the purposes of reimbursing the Airport Renewal and Extension Fund (2H21) those funds advanced to pay expenditures related to projects that were approved for funding with proceeds from the 2000 Airport Revenue (2H27) and 2004 Airport Passenger Facility Charge (PFC)(2H31)Bond Funds and the Airport Passenger Facility Charge Fund (2H26); provide adequate funding for the Airport Roadway Signage Improvements and Additions, the Environmental Stream Mitigation, additional funding for the Maynard Holbrook Jackson, Jr. International Terminal Design and the Consolidated Rental Car Facility (CONRAC) Site Preparation and Development Projects; properly aligning project appropriations with approved funding sources between the 2004 Airport Revenue Bond Fund (2H30) and the 2004 Airport Passenger Facility Charge (PFC) Bond Fund (2H31); and for other purposes.

TO BE REFERRED TO TRANSPORTATION COMMITTEE

04O2055(12)           An Ordinance by Transportation Committee anticipating and appropriating unanticipated revenue of $7,247,128.00 generated through interest earnings from investing the proceeds of the 2000 Airport Revenue Bond Fund and amending the 2004 [Airport Renewal and Extension Fund (2H21) and the 2000 Revenue Bond Fund (2H27)] Budgets to provide partial funding for Hartsfield-Jackson Development Program (H-JDP) Consultants at the Hartsfield-Jackson Atlanta International Airport; and for other purposes.

TO BE REFERRED TO TRANSPORTATION COMMITTEE

04O2057(13)           An Ordinance by Transportation Committee amending the 2004 [Airport Renewal and Extension Fund (2H21), the Airport Passenger Facility Charge Fund (2H26), the 2000 Airport Revenue Bond Fund (2H27) and the 2004 Airport Passenger Facility Charge Bond Fund (2H31)] Budgets by transferring to and from appropriations a total amount of $50,670,872.00 to provide adequate funding for Hartsfield-Jackson Development Program (H-JDP) Consultant at the Hartsfield-Jackson Atlanta International Airport; and for other  purposes.

TO BE REFERRED TO TRANSPORTATION COMMITTEE

04O2059(14)           An Ordinance by Transportation Committee amending the 2004 [2000 Airport Revenue Bond Fund (2H27)] Budget by transferring to and from appropriations a total amount of $52,166,572.00 of available unused project appropriations within the 2000 Airport Revenue Bond Fund (2H27) to provide adequate funding for other Hartsfield-Jackson Development Program (H-JDP) Projects.

TO BE REFERRED TO TRANSPORTATION COMMITTEE

FINANCE/EXECUTIVE COMMITTEE - DEBI STARNES, CHAIR

04O2043(15)           An Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer to write off $147,514.55 of uncollectible Special Assessment Accounts Receivable with balances extending beyond the Statute of Limitations; and for other purposes.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE

04O2044(16)           An Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer to write off $609,000.38 of uncollectible Business License Accounts Receivable with balances extending beyond the Statute of Limitations; and for other purposes.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE

04O2045 (17)           An Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer to write off $29,660.52 of uncollectible Water and Sewer Accounts Receivable with balances extending beyond the Statute of Limitations; and for other purposes.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE

04O2046(18)           An Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer to write off $1,359,004.79 of uncollectible Department of Finance, Solid Waste Accounts Receivable with balances extending beyond the Statute of Limitations; and for other purposes.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE

04O2097(19)           An Ordinance by Finance/Executive Committee to amend

***      the City of Atlanta General Employees’ Pension, Fund Firefighters Pension Fund and Police Officers Pension Fund so as to provide the required minimum distributions, limit the amount of considered compensation, clarify the limitation on annual benefits and make certain other changes all as required by the U. S. Internal Revenue Code; to repeal conflicting ordinances; and for other purposes.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE

04O2098(20)           An Ordinance by Finance/Executive Committee to amend

***      the City of Atlanta General Employees’ Pension Fund so as to provide for required minimum distributions, limit the amount of considered compensation, clarify the imitation on annual benefits and make certain other changes all as required by the U. S. Internal Revenue Code; to repeal conflicting ordinances; and for other purposes.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE

04O2099(21)           An Ordinance by Finance/Executive Committee to amend

***      the City of Atlanta Firefighters’ Pension Fund so as to provide for required minimum distributions, limit the amount of considered compensation, clarify the imitation on annual benefits and make certain other changes all as required by the U. S. Internal Revenue Code; to repeal conflicting ordinances; and for other purposes

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE

04O2100(22)           An Ordinance by Finance/Executive Committee to amend

***      the City of Atlanta Police Officers’ Pension Fund so as to provide for required minimum distributions, limit the amount of considered compensation, clarify the imitation on annual benefits and make certain other changes all as required by the U. S. Internal Revenue Code; to repeal conflicting ordinances; and for other purposes

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE

CITY UTILITIES COMMITTEE - HOWARD SHOOK, CHAIR

04O1972(23)           An Ordinance by City Utilities Committee to abandon that portion of Armour Circle, NE located from Armour Drive to Plasamour Drive consisting of 1,997 acres, more or less and being more specifically described in the attached Exhibit “A” lying and being in Land Lot 58 of the 17th District, Fulton County, Georgia and to abandon that portion of Plasters Bridge Road, NE from Plasamour Drive to north end of street, consisting of .290 acre, more or less and being more specifically described in the attached Exhibit “B” lying and being in Land Lots 49 and 58 of the 17th District, Fulton County, Georgia; and for other purposes. (Advertised for a Public Hearing 11/30/04 at 9:00 a.m.)

TO BE REFERRED TO CITY UTILITIES COMMITTEE

04O1973(24)           An Ordinance by City Utilities Committee to abandon that portion of unimproved rights-of-way located along Paxon Avenue, SE at Woodbine Avenue, SE and along Woodbine Avenue, SE at Paxon Avenue and to transfer portions of park property consisting of a total of .474 acre, more of less and being more specifically described in the attached Exhibit “A” lying being in Land Lot 207 of the 15th District, Dekalb County, Georgia; and for other purposes. (Advertised for a Public Hearing 11/30/04 at 9:00 a.m.)

TO BE REFERRED TO CITY UTILITIES COMMITTEE

04O2047(25)           An Ordinance by City Utilities Committee to abandon that portion of Palmer  Street, SE located from Pasley Avenue to the eastern end of street consisting of .255 acre, more or less and being more specifically described in the attached Exhibit “A” lying and being in Land Lot 175 of the 15th District, Dekalb County, Georgia; and for other purposes. (Advertised for a Public Hearing 11/30/04 at 9:00 a.m.)

TO BE REFERRED TO CITY UTILITIES COMMITTEE

COMMUNITY DEVELOPMENT/

HUMAN RESOURCES COMMITTEE - CEASAR C. MITCHELL, CHAIR

04O2050(26)           An Ordinance by Community Development/Human Resources Committee to amend the Job Training Fund by anticipating and appropriating an additional $31,735.00 to extend Goodworks Services to September 30, 2004; and for other purposes.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

04O2051(27)           An Ordinance by Community Development/Human Resources Committee to correct Ordinance 04O1437 in Sections 1 and 2 changing appropriation Center Numbers; and for other purposes.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

04O2052 (28)           An Ordinance by Community Development/Human Resources Committee amending the 2004 Job Training Fund Budget by anticipating and appropriating $2,676.00 in Workforce Investment Act (WIA) Dislocated Workers Funds; and for other purposes.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

04O2053(29)           An Ordinance by Community Development/Human Resources Committee amending the 2004 Job Training Fund Budget by anticipating and appropriating $1,402,175.00 in the Workforce Investment Act (WIA) Adult Funds; anticipating and appropriating $714,793.00 in Workforce Investment Act (WIA) Dislocated Workers Funds; and for other purposes.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

04O2060(30)  CDP-04-41           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 that are located at 658 Avery Road, SW and 2360 Perkerson Road, SW from the “Single Family Residential” Land Use Designation to the “Low Density Commercial” Land Use Designation; and for other purposes.

NPU-X                                                Council District 12

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

04O2061(31)  CDP-04-42           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 property that is located at Grove Park Place, NW, from the “Medium Density Residential” and “Industrial” Land Use Designations to the “Mixed-Use” Land Use Designation; and for other purposes.

NPU-G                                                Council District 9

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

04O2062(32)  CDP-04-43         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-classify properties located on McDaniel Street, SW, Fulton Street, SW, Glenn Street, SW, Formwalt Street, SW, Whitehall Terrace, SW, Crumley Street, SW and Windsor Street, SW within the McDaniel- Glenn Redevelopment, from the “Medium Density Residential” and “Low Density Commercial” Land Use Classification to the “Mixed Use” Land Use Classification; and for other purposes.

NPU-V                                                Council District 4

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

04O2063(33)  CDP-04-44   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 property that is located at Evans Drive, SW, from The “Industrial” Land Use Designation to the “Single Family Residential” Land Use Designation; and for other purposes.

NPU-X                                                Council District 12

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

04O2064(34)  CDP-04-45          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 property that is located at Jones Road, NW, from the “Single Family Residential” Land Use Designation to the “Medium Density Residential (0-16 Units per Acre)”Land Use Designation; and for other purposes.

NPU-I                                     Council District 9

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

04O2065(35)  CDP-04-46           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 property that is located at 1155, 1165 and 1175 La Vista Road, NE, from the “Medium Density Residential” Land Use Designation to the “Mixed-Use” Land Use Designation; and for other purposes.

NPU-F                                     Council District 6

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

04O2066(36)     CDP-04-47        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 property that is located at 890 Glenwood Avenue, SE, from the “Industrial” Land Use Designation to the “Mixed-Use” Land Use Designation; and for other purposes.

NPU-W                                               Council District 1

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

04O2067(37)     CDP-04-48       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 property that is located at 183 Mt. Zion Road, SE, from the “Single Family Residential” Land Use Designation to the “Low Density Residential” Land Use Designation; and for other purposes.

NPU-Z                                     Council District 12

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

04O2068(38)      CDP-04-49      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 property that is located at 879 T.S. Burress Jr. Drive, NW, from the “High Density Residential” Land Use Designation to the “High Density Commercial” Land Use Designation; and for other purposes.

NPU-T                                                Council District 3

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

04O2069(39)     CDP-04-50      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 property that is located at 1058 Constitution Avenue, SE, from the “Industrial” Land Use Designation to the “Single Family Residential” Land Use Designation; and for other purposes.

NPU-Z                                     Council District 1

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

04O2070(40)      CDP-04-51      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 property that is located at Fairburn Road, SW, from the “Office/Institutional” Land Use Designation to the “Low Density Commercial” Land Use Designation; and for other purposes.

NPU-H                                                Council District 10

            TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

04O2071(41)     CDP-04-52        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 property that is located at 748 10th Street, 980 Howell Mill Road, and 749 9th Street, NW, from the “Industrial” Land Use Designation to the “Mixed-Use” Land Use Designation; and for other purposes.

NPU-E                                                Council District 3

            TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

04O2072(42)     CDP-04-53       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 property that is located at 643-663 10th Street and 640 11th Street, NW, from the “Low Density Commercial” Land Use Designation to the “Mixed-Use” Land Use Designation; and for other purposes.

NPU-E                                                Council District 8

            TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

04O2086(43)           An Ordinance by Community Development/Human     Resources Committee amending the 2004-2019 Comprehensive         *** Development Plan (CDP) to incorporate Atlanta’s 2005-2009 Consolidated Plan and the 2005 Annual Action Plan for the 2005 Community Development Block Grant (CDBG) Program, 2005 Emergency Shelter Grant (ESG) Program, 2005 HOME Investment Partnership (HOME) Program, the 2005 American Dream Downpayment Initiative (ADDI) and 2005 Housing Opportunities for Persons with AIDS (HOPWA) Program; and for other purposes.

            TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

04O2087(44)           An Ordinance by Community Development/Human     Resources Committee to amend the 2004-2019 Comprehensive         *** Development Plan, as amended, so as to incorporate the recommendations of the amended Mechanicsville Redevelopment Plan; and for other purposes.

            TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

PUBLIC SAFETY AND LEGAL

ADMINISTRATION COMMITTEE - H. LAMAR WILLIS, CHAIR

04O2021(45)           An Ordinance by Public Safety and Legal Administration Committee authorizing the settlement of all claims in the lawsuit styled Frances H. Levine and Brent M. Runnels, vs. City of Atlanta, Superior Court of Fulton County, Georgia, Civil Action File No. 2002-cv-60073, by relocation of the Public Sanitary Sewerage System in the vicinity of Austin Avenue, Euclid Avenue and Freedom Park in the City of Atlanta; said cost of relocation and construction of the sewer being $116,000.00; $58,000.00 of that amount being paid by the plaintiff and those funds being deposited into Fund, Account and Center No. 2J01 (Water) 445215 (Wastewater Chg, Tap Fees) B00001 (Revenue Center); authorizing the Chief Financial Officer to disburse $58,000.00 from Fund, Account and Center No. 2J26 (Water/Sewer) 574001 (FAC. Other than Buildings) M24I02239999 (General Sewer Improvements) to pay the remaining cost of construction of the sewer beyond the payment received from the plaintiff; to amend the current annual contract for sanitary sewer construction to allow the completion of this project; and for other purposes.

TO BE REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

04O2049(46)           An Ordinance by Public Safety and Legal Administration Committee amending the 2004 (Intergovernmental Grant Fund) Budget, Department of Police by anticipating and appropriating Grant Funds from the Governor’s Office of Highway Safety in the amount of $178,200.00 to continue participation by the Atlanta Police Department in a Regional DUI Enforcement Program and Pedestrian Safety Activities; and for other purposes.

TO BE REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

TRANSPORTATION COMMITTEE                                 FELICIA A. MOORE, CHAIR

RESOLUTIONS

04R1986( 1)            A Resolution by Transportation Committee authorizing the Mayor or her designee to execute the First Amendment to the Agreement between the City of Atlanta and BellSouth Communication Systems, LLC, for FC-7395-01, Design Implementation Services for the Fiber Optic Backbone Installation with BellSouth Communication Systems, LLC. on behalf of the Department of Aviation.

FAVORABLE ON CONDITION

04R1987( 2)            A Resolution by Transportation Committee authorizing the Mayor or her designee to execute a Declaration of Covenants and Restrictions on property acquired by the City of Atlanta for creation of Wetland Mitigation Credits to offset the impact of constructing the Fifth Runway Project at Hartsfield-Jackson Atlanta International Airport on wetlands situated on Airport property to ensure compliance with United States Army Corps of Engineers’ requirements; and for other purposes.

FAVORABLE ON CONDITION

AVIATION PAPERS HELD IN COMMITTEE

03R1349( 1)            A Resolution by Councilmember Clair Muller authorizing the Mayor or her designee to renegotiate the Operating Agreement or investigate alternative management arrangements for the parcels of land located in Dawson and Paulding Counties, owned by the City of Atlanta, to reflect land uses and management practices that will ensure the conservation and preservations of natural resources and wildlife habitat, as a part of the Greenspace Program of the City of Atlanta; and for other purposes.  (Held 8/27/03)

03R1387( 2)            A Substitute Resolution by Transportation Committee authorizing the Mayor to execute an agreement between the City of Atlanta and the Hertz Corporation, for Car Rental Services at Hartsfield-Jackson Atlanta International Airport, which shall be for a term of five (5) years; and for other purposes. (Substituted and held 1/14/04)

04R1981( 3)            A Resolution by Transportation Committee authorizing the Mayor or her designee to execute a Memorandum of Agreement with the City of College Park and College Park Business and Industrial Development Authority to provide financing for certain Capital Improvements Associated with the Consolidated Rental Car Facility (CONRAC) Project of the Hartsfield-Jackson Development Program; and for other purposes. (Held 11/10/04) (Work Session to be held 11/17/04 at 9:30 a.m.)

04R2058( 4)            A Resolution by Transportation Committee authorizing the Mayor or her designee to execute an agreement with Clear Channel Outdoor Inc. D.B.A. Clear Channel Airports, for FC-7430-02, Advertising Concessions at Hartsfield-Jackson Atlanta International Airport.  (Held 11/10/04)

TRAFFIC AND TRANSPORTATION PAPERS HELD IN COMMITTEE

03O1833( 5)            An Ordinance by Councilmembers Anne Fauver, H. Lamar Willis and Natalyn Archibong as substituted by Transportation Committee #2 to place a moratorium on the Residential Permit Parking Program for a period not to exceed ninety (90) days and to authorize the Mayor or her designee to complete a study of and provide an opportunity for public comment on the Program; to allow for the adoption of an amendment to the Program to implement the recommendations, if appropriate; and for other purposes. (Substituted and held 10/29/03)

04O0043( 6)            An Ordinance by Councilmember Ivory Lee Young, Jr. authorizing the Mayor of the City of Atlanta or her designee to create a Residential Permit Parking Only Area along Bonair Street in the City of Atlanta; and for other purposes. (Held 1/14/04)

04O1245( 7)            An Ordinance by Councilmember Clair Muller to install All Way Stop signs at the intersection of Habersham and Valley Roads. (Held 7/14/04)

04O1363( 8)            An Ordinance by Councilmember Anne Fauver to amend the Code of Ordinances, Part II – General Ordinances, Chapter 138 Streets, Sidewalks and Other Public Places, Article IV, Improvements within the Right-of-Way, Division 2 Streets by adding subsections 138-86, 138-87 and 138-88 regarding Blocking or Closing of Public Streets and Sidewalks; authorizing the placement of dumpsters in the right-of-way under prescribed conditions; setting forth requirements for information and reflectors to be placed on the dumpsters; codifying fees charged for permits which allow blocking or closing of public streets; and other purposes. (Referred to Transportation Committee from Council 8/16/04) (Held 9/1/04)

04O1726( 9)            An Ordinance by Councilmember Clair Muller to implement Left Turn Restriction from Northside Drive southbound onto Overbrook Drive from 7:00 a.m. to 10:00 a.m. and Right Turn Restrictions from Collier Road onto Overbrook Drive, Evergreen Lane and Cottage Lane from 3:00 p.m. to 6:00 p.m.; and for other purposes. (Held 9/28/04)

04O2034(10)           An Ordinance by Councilmember Natalyn M. Archibong to prohibit the installation of parking meters in East Atlanta Village; and for other purposes.  (Held 11/10/04)

PAPERS HELD IN COMMITTEE

03R0616(11)           A Resolution by Finance/ Executive Committee authorizing the Mayor to execute a Quitclaim Deed conveying parcels located in Land Lots 77 and 78 of the 14th District of Fulton County, Georgia, to the State of Georgia, Department of Transportation for demolition and site clearance for the construction of the Downtown Atlanta Multi Modal Passenger Terminal Facility, in addition to consenting to entry into and construction over any interest the City of Atlanta might have over property described later in this resolution, as well as authorizing the Mayor to execute a joint Quitclaim Deed with the Fulton County Recreation Authority for parcels located in Land Lots 77 and 78 of the 14th District of Fulton County, Georgia for the same purpose; and for other purposes. (Favorable by Finance/Executive Committee) (Referred to Transportation Committee by Council 5/5/03) (Held 5/13/03)

04O0315(12)           An Ordinance by Councilmember H. Lamar Willis as amended by Transportation Committee requiring Council approval for transportation project endorsements and funding requests for transportation projects made on behalf of the City of Atlanta.  (Held 2/25/04)

 

MEMBERS PRESENT:  MOORE, NORWOOD, WILLIS, MITCHELL, MULLER & SHEPERD

ZONING COMMITTEE                                          IVORY LEE YOUNG, JR., CHAIR

ORDINANCE FOR SECOND READING

04O1944( 1)   Z-04-54          An Ordinance by Zoning Committee correcting Ordinance  04O1138 adopted by City Council September 7, 2004, approved by the Mayor September 15, 2004 rezoning property located at 972-980-990-1000-1022 Marietta Street, NW, from the I-1-C (Light Industrial-Conditional) District & I-2 (Heavy Industrial) District to the LW (Live Work) District so that the Zoning Ordinance of the City of Atlanta be amended, and the Maps established in connection therewith be changed so that only property located at 972 Marietta Street, NW be changed from the I-2 (Heavy Industrial) District, to the I-1 (Light Industrial) District; and for other purposes.

FAVORABLE

ORDINANCES FOR FIRST READING

04O2073 ( 1)      Z-04-120          An Ordinance by Zoning Committee to rezone property     from the  R-3 (Single Family Residential) District and ***    the PD-  H (Planned Development Housing) District to the PD-H  (Planned Development-Housing) District, property located at 215 and 311 Lynhurst Drive, SW, fronting approximately 396 feet on the westerly side of Lynhurst Drive approximately 1,046 feet south of the intersection of Martin Luther King, Jr. Drive and Lynhurst Drive.

Depth: Varies

Area:                5.499 Acres

Land Lots:        236 and 237 14th District, Fulton County, Georgia

Owner: Ashmel Williams

Applicant:         Ashmel Williams

NPU-I                                                 Council District 10

TO BE REFERRED TO ZRB AND ZONING COMMITTEE

04O2074( 2)      Z-04-125       An Ordinance by Zoning Committee to rezone property        from the I-1 (Light Industrial) District to the R-4            ***  (Single    Family Residential) District, property located at 1498 Murphy Avenue, SW, fronting 40.00 feet on the southeasterly side of Murphy Avenue beginning approximately 80 feet from the southeast corner of Langston Street (formerly Jonesboro Road).

Depth: Varies

Area:                .113 Acre

Land Lot:         121, 14th District, Fulton County, Georgia

Owner:             Vickery Miles

Applicant:         Vickery Miles

NPU-X                                                Council District 12

TO BE REFERRED TO ZRB AND ZONING COMMITTEE

04O2075( 3)     Z-04-126/Z-01-71              An Ordinance by Zoning Committee to amend    Ordinance Z-01-71, as amended, adopted by            ***  City        Council March 4, 2002 and approved by the Mayor March    12, 2002 rezoning from the R-4 (Single-Family Residential) District to the PD-H (Planned Development-Housing) District property located at McDonough Boulevard, SE, fronting 678.94 feet on the southwesterly side of McDonough Boulevard, beginning approximately 612.40 feet northwesterly from the southwest corner of Henry Thomas Drive for the purposes of approving a revised site plan and; for other purposes.

Owner: William H. Freeman

Applicant:         Melvin Collins

NPU-Z                                     Council District 1

TO BE REFERRED TO ZRB AND ZONING COMMITTEE

04O2076( 4)       Z-04-127/Z-03-85        An Ordinance by Zoning Committee to amend      Ordinance Z-03-85, as amended, adopted by          ***  City          Council April 19, 2004 and approved by the Mayor April 27,    2004 rezoning from the RG-2 (Residential General-Sector 2) District to the PD-H (Planned Development-Housing) District, property located at 201 Moury Avenue for the purposes of approving a revised site plan; and for other purposes.

Owner: Housing Authority of the City of Atlanta

Applicant:         Carver Redevelopment, LLC

NPU – Y                                              Council District 1

TO BE REFERRED TO ZRB AND ZONING COMMITTEE

04O2077( 5)      Z-04-128      An Ordinance by Zoning Committee to rezone property         from the I-2 (Heavy Industrial) District to the PD-H  ***   (Planned   Development-Housing) District, property located at 768 Highland Avenue, fronting approximately 116 feet on the northeasterly side of Highland Avenue, beginning approximately 152 feet northeasterly of the intersection of Highland Avenue and Alaska Avenue.

Depth:  Varies

Area:    3.95 Acres

Land Lot:         19, 14th District, Fulton County, Georgia

Owner:             Edwin Rothberg

Applicant:         David Green

NPU-M                                               Council District 2

TO BE REFERRED TO ZRB AND ZONING COMMITTEE

04O2078( 6)       Z-04-129      An Ordinance by Zoning Committee to rezone property        from the I-2 (Heavy Industrial) District to the MRC-3  ***  (Mixed    Residential Commercial) District, property located at 349-359 Decatur Street, fronting approximately 618.45 on the south side of Decatur Street and fronting approximately 163 feet on the east side of Hill Street and fronting approximately 103 feet on the west side of Grant Street, beginning at the intersection of Decatur Street and Grant Street.

Depth:  Varies

Area                 3.9 Acres

Land Lots:        45 and 52, 14th District, Fulton County, Georgia

Owner:             Janelle Corey and William Corey

Applicant:         David Green

NPU-M                                               Council District 2

04O2079( 7)      Z-04-130       An Ordinance by Zoning Committee to rezone property        from the R-3 (Single Family Residential) District to the ***  PD-H    (Planned Development-Housing) District, property located at 1690 Adams Drive, fronting approximately 1,207 feet along the southeasterly side of Adams Drive and fronting approximately 517 feet on the southeasterly side of Childress Street, beginning at the northerly right-of-way of Childress Drive and the easterly right of way of Adams Drive.

Depth: Varies

Area:                4.16 Acres

Land Lot:         232, 14th District, Fulton County, Georgia

Owner:             Community Renewal and Redemption, LLC

Applicant:         Samuel Dickson By Village Habitat Design

NPU-R                                                Council District 11

TO BE REFERRED TO ZRB AND ZONING COMMITTEE

04O2080( 8)     U-04-25          An Ordinance by Zoning Committee granting a Special        Use Permit for a Recreational Facility (Section 16-     *** 08.005(1)(j), property located at 89 William H. Borders Drive, fronting approximately 325 feet on the westerly side of William H. Borders Drive, beginning approximately 262 feet north of the intersection of William H. Borders Drive and Decatur Street.

Depth: Varies

Area:    1.352 Acres

Land Lot:         45, 14th District, Fulton County, Georgia

Owner:             The Salvation Army, a Georgia Corporation

Applicant:         Brent Pope

NPU-M                                               Council District 5

TO BE REFERRED TO ZRB AND ZONING COMMITTEE

04O2081( 9)       U-04-26      An Ordinance by Zoning Committee granting a Special          Use Permit for a Mortuary Facility (Section               ***  16-011.005(1)(b),    property located at 2125 County Line Road, SW, fronting approximately 45 feet on the westerly side of County Line Road, beginning approximately 40 feet south of the intersection of Wilson James Road and County Line Road.

Depth: Varies

Area:                1.440 Acres

Land Lot:         65, 14th FF District, Fulton County, Georgia

Owner: Kerang Jason Ding

Applicant:         Bianca Smith

NPU-P                                     Council District 11

TO BE REFERRED TO ZRB AND ZONING COMMITTEE

04O2082(10)     U-04-27       An Ordinance by Zoning Committee granting a Special Use          Permit for expansion of an existing Assisted Living *** Facility     Sections 16-08.005 (1)(f,) and 16-11.005 (1)(e), property located at 3711 Benjamin E. Mays Drive fronting approximately 139 feet on the easterly side of Fairburn Road and fronting approximately 392 feet along the northerly side of Benjamin E. Mays Drive.

Depth: Varies

Area:    5.776 Acres

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

Owner:             Julius M. Willis

Applicant:         Julius M. Willis

NPU-H                                                Council District 10

TO BE REFERRED TO ZRB AND ZONING COMMITTEE

04O2083(11)       U-04-28     An Ordinance by Zoning Committee granting a Special          Use Permit for a Group Home for Boys (Section      ***   16-06.005   (1)(g), property located at 615 Kennolia Drive fronting approximately 137 feet on the northwesterly side of Kennolia Drive and fronting approximately 193 feet on the southerly side of Westwood Avenue. Property is located at the intersection of Westwood Avenue and Kennolia Drive.

Depth: Varies

Area:                59 Acres

Land Lot:         171, 14th District, Fulton County, Georgia

Owner:             Kendrick Solomon

Applicant:         Kendrick Solomon

NPU-I                                                 Council District 11

TO BE REFERRED TO ZRB AND ZONING COMMITTEE

04O2089(12)           An Ordinance by Zoning Committee to repeal Code Section     16-28.024 of the City of Atlanta Zoning Code of Ordinances *** titled “Package Stores – Locational Requirements”; and for other purposes.

TO BE REFERRED TO ZRB AND ZONING COMMITTEE

MEMBERS PRESENT:  YOUNG, NORWOOD, SMITH, FAUVER, SHEPERD & MOORE

PENDING LEGISLATION IN ZRB

03O2231( 1)            An Ordinance by Councilmember Debi Starnes rezoning certain portions of the grounds of the Edward C. Peters House, located at 179 Ponce de Leon Avenue so as to remove the Overlay Designation of Landmark Building or site; and for other purposes.

04O0255( 2)      Z-04-12       An Ordinance by Councilmember Cleta Winslow to           amend the 1982 Zoning Ordinance of the city of Atlanta by creating a new Chapter entitled Chapter 18U. SPI 21 Historic West End District Regulations and to amend the official zoning map by supplanting existing zoning districts R5, RG3, C1, C1-C, C3, RLC, I1, I2, and O-I with said SPI 21 District; and to amend Chapter 28A.010 by adding a new Subsection (46) SPI-21 Historic west End District; and for other purposes.

04O0627( 3)            An Ordinance by Zoning Committee to amend the 1982 City of Atlanta Zoning Ordinance, as amended, so as to permit churches synagogues, temples and other religious worship facilities as permitted principal uses and structures in the PD-MU (Planned Development-Mixed Use) and PD-OC (Planned Development-Office Commercial) Districts.

04O0784 4)      Z-04-46       A Substitute Ordinance by Zoning Committee to           amend the 1982 Zoning Ordinance of the City of Atlanta, as amended, by creating a new Chapter entitled Chapter 18V, SPI-22 Memorial Drive-Martin Luther King, Jr. Drive Corridor regulations and to amend the Official Zoning Map by supplanting existing Zoning Districts R-5, RG-4, RG-5, C-1, C-1-C, C-2, C-2-C, C-3, I-1, I-1-C, I-2, PD-H, SPI-1, and LD-20A, with said SPI-22 District and to amend Chapter 28A.010 by adding and to amend Chapter 28A.010 by adding a new subsection (47) SPI-22, Memorial Drive - Martin Luther King, Jr. Drive Corridor District; and for other purposes. (ZRB Public Hearing scheduled for 11/16/04)

NPU’s-M,V, W, N                             Council Districts 1 & 5

04O1132( 5)     Z-04-44         An Ordinance by Zoning Committee to rezone from the R-         1 (Single-Family Residential) District to the PD-H (Planned Development-Housing) District, property located at 1671 West Paces Ferry Road, NW, fronting approximately 331.62 feet on the north side of West Paces Ferry Road beginning at the northwest corner of Nancy Creek Road. (ZRB Public Hearing scheduled for 11/16/04)

Depth:  Varies

Area:                11.232 Acres

Land Lots:        217 and 218, 17th District, Fulton County, Georgia

Owner: Nancy Creek Overlook, LLC

Applicant:         Same

By:                   Carl E. Westmoreland, Jr., Attorney

NPU-A                                                            Council District 8

04O1135( 6)      Z-04-51         An Ordinance by Zoning Committee to rezone from the I-        1 (Light Industrial) District to the PD-MU (Planned Development-Mixed Use) District, property located at 166 16th Street, NW, fronting 136.90 feet on the south side of 16th Street beginning at the southeast corner of Fowler Street.

Depth:  361 Feet

Area:                1.307 Acres

Land Lot:         108, 17th District, Fulton County , Georgia

Owner: Madison Midtown, LLC

Applicant:         J. Charles Hendon

By:                   Carl E. Westmoreland, Jr., Attorney

NPU-E                                                            Council District 2

04O1301( 7)      Z-04-72       An Ordinance by Zoning Committee to rezone from the           R-3 (Single-Family Residential) District to the PD-H (Planned Development-Housing) District, property located at Phipps Boulevard, NE/Lenox Road, NE, fronting approximately 503.89 feet on the northwesterly side of Phipps Boulevard beginning at the northwest corner of Lenox Road (formerly known as the Buckhead Loop). (ZRB Public Hearing scheduled for 11/16/04)

Depth:  Varies

Area:                Approximately 9.1 Acres

Land Lots:        44 and 45, 17th District, Fulton County, Georgia

Owner: TAP Associates, L.P.

Applicant:         Finger Development Company

By:                   Nathan V. Hendricks, III, Esq.

NPU-B                                                Council District 7

04O1352( 8)       Z-04-133       An Ordinance by Councilmember Ivory Lee Young, Jr. to        amend the Atlanta Zoning Ordinance by Amending the wording of all permits for religious worship facilities to include the word Mosques; and for other purposes.

04O1360( 9)       Z-04-108      An Ordinance by Councilmember Felicia A. Moore         amending the Zoning Ordinance of the City of Atlanta and the Maps established in connection therewith be changed so that the following property bounded by Ruth Street and North Street to the north, Newman Place to the south, Gun Club Road and Hollywood Road to the west, and Proctor Creek to the east, be changed from R-5 (Two-Family Residential) Zoning Classification to R-4A (Single-Family Residential) Classification (Council District 9, NPU-J); and for other purposes. (ZRB Public Hearing held on 11/4/04)

04O1365(10)    Z-04-105       An Ordinance by Councilmember Anne Fauver to amend    certain sections of Chapter 16 of the City of Atlanta Code of Ordinances ("The Zone Code") for the purpose of modifying the parking requirements associated with eating and drinking establishments in order to increase the parking requirements for those establishments licensed for the on the premises consumption of malt beverages, wine and/or distilled spirits when such establishments derive more than 60% of their income from such sales; and for other purposes.

04O1406(11)       Z-04-87      An Ordinance by Councilmember Ivory Lee Young, Jr.         to rezone from the PD-H (Planned Development-Housing) District and R-3 (Single-Family Residential) District to the PD-H (Planned Development-Housing) District, property located at 908-930 Canterbury Road, NE, fronting approximately 379.62 feet on the northeasterly side of Canterbury Road beginning 741.09 feet from the northwest corner of Lenox Road, NE. (ZRB Public Hearing scheduled for 11/16/04)

Depth:  Varies

Area:                Approximately 1.55 Acres

Land Lots:        6 & 7, 17th District, Fulton County, Georgia

Owners:           Jason Shyr and John Letourneau

Applicant:         Matt Brunn

NPU-B                                                Council District 7

04O1407(12)      U-04-13     An Ordinance by Councilmember Ivory Lee Young, Jr.           granting a Special Use Permit for a Day Care Facility (for Elders) (Section 16-05.005(1)(b)), property located at 578 Lynn Circle, SW, fronting 110 feet on the northwesterly side of Lynn Circle beginning 204.3 feet from the northeast corner of Lynhurst Drive. (ZRB Public Hearing scheduled for 11/16/04)

Depth:  Varies

Area:                0.4050 Acre

Land Lot:         235, 14th District, Fulton County, Georgia

Owner: Trinity AME Church, Inc.

Applicant:         Trinity Community Improvement Corporation

NPU-I                                     Council District 10

04O1408(13)        U-04-11   An Ordinance by Councilmember Ivory Lee Young, Jr.  granting a Special Use Permit for a Daycare Center (Section 16-07.005(1)(b)), property located at 186 Walthall Street, NW, fronting approximately 96.8 feet on the east side of Walthall Street beginning at the northeast corner of Arkwright Place, NE and fronting 209.20 along the northeasterly side of Arkwright Place beginning at the northeast  corner of Arkwright Place, NE. (ZRB Public Hearing scheduled for 11/16/04)

Depth:  Varies

Area:                0.567 Acre

Land Lot:         13, 14th District, Fulton County, Georgia

Owner: Community Bible Chapel

Applicant:         Herbert Humphrey

NPU-N                                                            Council District 5

04O1410(14)     U-04-14        An Ordinance by Councilmember Ivory Lee Young, Jr.  granting a Special Use Permit for Outdoor Dining (Section 16-11.005(1)(l)), property located at 1394 North Highland Avenue, NW., fronting approximately 165 feet on the northwesterly side of North Highland Avenue beginning 258.53 feet from the northeast corner of Lanier Place. (ZRB Public Hearing scheduled for 11/16/04)

Depth:  Varies

Area:                0.53 Acre

Land Lot:         2, 17th District, Fulton County, Georgia

Owner: SRG Investments, LLC

Applicant:         Alon Balshan

By:                   Carter Smith, Agent

NPU-F                                                 Council District 6

04O1411(15)       Z-04-76     An Ordinance by Councilmember Ivory Lee Young, Jr.          to rezone from the R-5 (Two Family Residential) and I-1 (Light Industrial) Districts to the R-4A (Single-Family Residential) District, property located at 1724-1760 Carroll Street, NW, fronting 442.66 feet on the south side of Carroll Street beginning at the southwest corner of Zadie Street. (ZRB Public Hearing scheduled for 11/16/04)

Depth:  Varies

Area:                1.549 Acres

Land Lot:         223, 17th District, Fulton County, Georgia

Owner: CSX Real Property

Applicant:         Garland C. Sheats

NPU-D                                                Council District 9

04O1412(16)       Z-04-78    An Ordinance by Councilmember Ivory Lee Young, Jr. to           rezone from the R-4 (Single-Family Residential) District to the PD-H (Planned Development-Housing) District, property located at 3080-3099 Jones Road, NW and 840 Venetta Place (rear), NW.

            Tract 1: Fronting approximately 539.91 feet on the northwesterly side of Jones Road beginning approximately 448.24 feet from the northwest corner of Jones Road and Skipper Drive;

Tracts 2 and 3: Fronting approximately 409 feet on the southeasterly side of Jones Road beginning approximately 448.5 feet from the southeast corner of Jones Road and Skipper Drive;

Tract 4: Fronting 202.32 feet on the southeasterly side of Jones Road beginning approximately 448.24 feet from the southeast corner of Skipper Drive and Jones Road, and

Tract 5: Fronting approximately 50 feet at the western terminus of McLendon Circle beginning approximately 150 feet from the southwest corner of McLendon Circle and Venatta Place. (ZRB Public Hearing scheduled for 11/16/04)

Depth:  Varies

Area:                Approximately 18.68 Acres (All Tracts)

Land Lots:        240 & 260 14th & 17th Districts, Fulton County, Georgia

Owner: Ornstein-Schuler Capital Partners, LLC

Applicant:         Matthew F. Brunn

NPU-I                                                 Council District 9

04O1413(17)      Z-04-79      An Ordinance by Councilmember Ivory Lee Young, Jr. to          rezone from the RG-3 (Residential General-Sector 3) District to the PD-MU (Planned Development-Mixed Use) District, property located at 1155-1175 LaVista Road, NE, fronting approximately 802 feet on the south side of LaVista Road beginning 149.21 feet from the southeast corner of Cheshire Bridge Road . (ZRB Public Hearing scheduled for 11/16/04)

Depth:  Varies

Area:                9.65 Acres

Land Lot:         5, 17th District, Fulton County, Georgia

Owner: Cranbrook Associates, L.P.

Applicant:         LaVista Realty Partners, LLC

By:                   Carl E. Westmoreland, Jr., Esq.

NPU-F                                     Council District 6

04O1416(18)      Z-04-81           An Ordinance by Councilmember Ivory Lee Young, Jr. to     rezone from the R-2A (Single-Family Residential) and the RG-2 (Residential General-Sector 2) Districts to the PD-H (Planned Development-Housing) District, property located at 2440 Peachtree Road (a.k.a. 2440 & 2450) and the rear of 2475 Rivers Road (a.k.a. 2505), NW, fronting 199.22 feet on the west side of Peachtree Road 1,087.15 feet from the southwest corner of Muscogee Avenue. (ZRB Public Hearing scheduled for 11/16/04)

Depth               Varies

Area:                Approximately 2.287 Acres

Land Lot:         112, 17th District, Fulton County, Georgia

Owner: LYSTRA, LLC

Applicant:         The Carter Real Estate Fund I, LLC

By:                   Carl E. Westmoreland, Jr., Esq.

NPU-B                                                Council District 7

04O1435(19)    Z-04-107           An Ordinance by Councilmember Howard Shook to     amend the Zoning Code of the City of Atlanta, Sections 16-29.001 and 16-17.005 for the purpose of adding definitions of the terms “Concrete”, “Concrete Plant”, “Cement” and “Cement Plant” and to provide that concrete plants be permitted only in I-2 Zoning Districts by Special Use Permit; and for other purposes.

 

04O1553(20)     Z-04-106      An Ordinance by Zoning Committee to amend Section         16-28.006(10) of the Zoning Code of the City of Atlanta's Code of Ordinances, for the purpose of clarifying the requirements related to independent driveways; and for other purposes. (ZRB Public Hearing scheduled for 11/18/04)

04O1638/span> (21)      Z-04-91      An Ordinance by Zoning Committee to rezone from the R-          1 (Single-Family Residential) District to the PD-H (Planned Development-Housing) District, property located at 4090 Paces Ferry Road, NW (a.k.a. 2035 Garraux Road), fronting 275.6 feet on the south side of Paces Ferry Road beginning 210 feet west from the southwest corner of River Forest Parkway.  Property also fronts 199.25 feet on the north side of Garraux Road. 

Depth:  Varies

Area:                Approximately 17.09 Acres

Land Lots:        235 & 239, 17th District, Fulton County, Georgia

Owner: Estate of Rebecca Wight/Cherry Sims

Applicant:         Paces Knoll, LLC

By:                   Carl E. Westmoreland, Jr., Esq.

NPU-A                                                            Council District 8

04O1639(22)      Z-04-92        An Ordinance by Zoning Committee to rezone from the R-        4 (Single-Family Residential) District to the PD-H (Planned Development-Housing) District, property located at 2475 Old Hapeville Road, SW, (a.k.a. 120 Pegg Road and 2475 Pryor Road, SW), fronting 139.63 feet on the west side of Old Hapeville Road beginning 419.50 feet south from the southwest corner of Meadow Park Drive.  Property also fronts 50 feet on the south terminus of Bagwell Road.

Depth:  Varies

Area:                26.53 Acres

Land Lot:         69, 14th District, Fulton County, Georgia

Owner: Louis P. Gagarosa and Brothers Ventures

By:                   Sarran Marshall

NPU-Z                                                 Council District 12

04O1640/span> (23)      Z-04-93       An Ordinance by Zoning Committee to rezone from the R-         4 (Single-Family Residential) District to the RG-3 (Residential General-Sector 3) District, property located at 183 Mt. Zion Road, SE, fronting 824 feet on the south side of Mt. Zion Road beginning approximately 1,021 feet east from the southeast corner of Highbury Trail.

Depth:  Varies

Area:                14.4 Acres

Land Lots:        62 & 67, 14th District, Fulton County, Georgia

Owner: Dorothy B. Parham

Applicant:         William J. Talley for Capitol Development

NPU-Z                                                 Council District 12


PENDING LEGISLATION IN ZRB (CONT’D)

04O1641(24)       Z-04-95    An Ordinance by Zoning Committee to rezone from the R-           4  (Single-Family Residential) District to the PD-H (Planned Development-Housing) District, property located at 3115 Browns Mill Road (a.k.a. Humphries Drive and 253 Susy Griffin Road, SE), fronting approximately 90 feet on the west side of Humphries Drive approximately 1,005 feet northeast from the northeast corner of Browns Mill Road.  Property also fronts approximately 292 feet on the northeasterly side of Browns Mill Road and approximately 200 feet on the south side of Susy Griffin Road. (ZRB Public Hearing scheduled for 11/16/04)

Depth:  Varies

Area:                Approximately 23.15 Acres

Land Lots:        35 & 62, 14th District, Fulton County, Georgia

Owner: Browns Mill Properties, LLC and Victory LDC Properties, Inc.

Applicant:         Browns Mill Properties, LLC

NPU-Z                                                 Council District 12

04O1644(25)     U-04-16        An Ordinance by Zoning Committee granting a Special         Use Permit for a Church (Section 16-06A.005 (1)(c)), property located at 1560 Memorial Drive, SE, fronting 166.40 feet on the north side of Memorial Drive beginning 290 feet west of the northwest corner of Dixie Street.

Depth:  Varies

Area:                1.808 Acres

Land Lot:         207, 15th District, Dekalb County, Georgia

Owner: Atlanta Baptist Association

Applicant:         Reginald Robbins

NPU-O                                                Council District 5

04O1645(26)      U-04-17      An Ordinance by Zoning Committee granting a Special          Use Permit for a School Athletic Field (Section 16-05.005 (1)(k)), property located at 3311 & 3325 Rilman Road, NW and the rear of 3250, 3265, 3272, 3282 Wood Valley Road, NW, fronting 300.23 feet on the east side of Rilman Road beginning 4.98 feet south of the southeast corner of Asheworth Court.

Depth:  Varies

Area:                7.20 Acres

Land Lots:        157, 158, 181 & 182, 17th District, Fulton County, Georgia

Owner: Pace Academy, Inc. & Reid and Stacy Freeman

Applicant:         Pace Academy, Inc.

By:                   Carl E. Westmoreland, Jr., Esq.

NPU-A                                                Council District 8

PENDING LEGISLATION IN ZRB (CONT’D)

04O1649(27)      U-04-22/ U-93-22      An Ordinance by Zoning Committee to amend U-93-22          Ordinance 93-O-0934 adopted by City Council October         4, 1993 and approved per Section 2-403 on the 1996 Charter and Ordinance 98-O-0081 adopted February 16, 1998 and approved per Section 2-403 on the 1996 Charter for a Special Use Permit for a Private School located at 966 West Paces Ferry Road, NW, for the purpose of approving a Change of Conditions.

Owner: Pace Academy, Inc.

Applicant:         Pace Academy, Inc.

By:                   Carl E. Westmoreland, Jr., Esq.

NPU-A                                                            Council District 8

04O1621(28)     Z-04-119       An Ordinance by Councilmember Mary Norwood to        amend the Zoning Code of the City of Atlanta, by creating a new residential zoning classification, which is to be identified as R-2b.

04O1617(29)      U-02-24/ U-03-11        An Ordinance by Councilmember Debi Starnes to change    the date of commencement of Special Use Permit U-03-11          for a Park-for-Hire Facility at 1240-1252 W. Peachtree St. NW, and 1241-1261 Sprint St., NW.

04O1820(30)     Z-04-121        An Ordinance by Zoning Committee to amend the 1982        Zoning Ordinance of the City of Atlanta to rezone certain properties within the Cheshire Bridge Road Corridor from the RG-3-C (Residential General-Conditional), C-1 (Community Business), C-2 (Commercial Service), I-1 (Light Industrial) Districts to the MR-2 (Multi-Family Residential), MR-3 (Multi-Family Residential), MRC-1-C (Mixed Residential Commercial-Conditional), MRC-2 (Mixed Residential Commercial) and MRC-2-C (Mixed Residential Commercial-Conditional) Districts; and for other purposes.

04O1821(31)     Z-04-122      An Ordinance by Zoning Committee to amend the 1982     Zoning Ordinance of the City of Atlanta to rezone certain properties within the Cheshire Bridge Road Corridor from the C-1 (Community Business), C-1-C (Community Business-Conditional) and the C-2-C (Commercial Service-Conditional) Districts to the NC-4 Cheshire Bridge Road North Neighborhood Commercial District; and for other purposes.

04O1822(32)      Z-04-123      An Ordinance by Zoning Committee to amend the 1982    Zoning Ordinance of the City of Atlanta to rezone certain properties within the Cheshire Bridge Road Corridor from the C-1 (Community Business) and C-2 (Commercial Service), R-4 (Single Family Residential), RLC (Residential Limited Commercial) and RLC-C (Residential Limited Commercial- Conditional) Districts to the NC-5 Cheshire Bridge Road South Neighborhood Commercial District; and for other purposes.

04O1830(33)       Z-04-83     An Ordinance by Zoning Committee to rezone from the          R-4 (Single-Family Residential) District to the PD-H (Planned Development-Housing) District, property located at 2198 Springdale Road (rear), SW, fronting 444.02 feet on the north side of Tibbs Road (unimproved right-of-way) beginning 160 feet east of the northeast corner of Springdale Road. (ZRB Public Hearing held 11/4/04)

Depth: Varies

Area:                7.199 Acres

Land Lot:         102, 14th District, Fulton County, Georgia.

Owner: Lawrence Robinson

Applicant:         Ro Preisinger

NPU-X                                                Council District 12

04O1832(34)      Z-04-85        An Ordinance by Zoning Committee to rezone from the    I-2 (Heavy Industrial) District to the MRC-3 (Mixed Residential Commerical-3) District, property located at 257 Oakland Avenue, SE, fronting 188.02 feet on the west side of Oakland Avenue beginning at the northwest corner of Biggers Street. Property also fronts on Martin Luther King, Jr. Drive and George Street.  (ZRB Public Hearing held 11/4/04)

Depth:  Varies;

Area:                0.82 Acre

Land Lot:         45, 14th District, Fulton County, Georgia.

Owner: Robert Rinzler, et al.

Applicant:         David Green

NPU-W                                               Council District 5

04O1833(35)      Z-04-86       An Ordinance by Zoning Committee to rezone from         the R-4 (Single-Family Residential) District to the PD-H (Planned Development-Housing) District, property located at 845 Delmar Avenue, SE, fronting 168.01 feet on the south side of Delmar Avenue 220 feet west from the southwest corner of Ormewood Terrace.  (ZRB Public Hearing held 11/4/04)

Depth:  Varies

Area:                5.4 Acres

Land Lot:         22, 14th District, Fulton County, Georgia.

Owner: Tom Rackley

Applicant:         Robert Reed

NPU-W                                               Council District 1

04O1834(36)     Z-04-88         An Ordinance by Zoning Committee to rezone from the        RG-2 (Residential General-Sector 2) District to the RG-3 (Residential General-Sector 3) District, property located at 3680 Peachtree Road, NE, fronting 415.5  feet on the north side of Peachtree Road beginning at the northwest corner of Narmore Drive. (ZRB Public Hearing scheduled for 11/18/04)

Depth:  Varies

Area:                2.509 Acres

Land Lot:         10, 17th District, Fulton County, Georgia.

Owner: Kathryn T. Bridges, et al.

Applicant:         Weaver and Woodvery Company

By:                   Carl E. Westmoreland, Jr., Esq.

NPU-B                                                Council District 7

04O1835(37)      Z-04-100       An Ordinance by Zoning Committee to rezone from the       R-4 (Single-Family Residential) and I-2 (Heavy Industrial) Districts to the R-4B (Single-Family Residential) District, property located at 1058 Constitution Road, SE, fronting 600 feet on the north side of Constitution Road beginning 1,291.6 feet east from the northeast corner of Forest Park Road.  (ZRB Public Hearing held 11/4/04)

Depth:  Varies

Area:                Approximately 9.95 Acres

Land Lot:         6, 14th District, Fulton County, Georgia.

Owner: Georgia Maintenance and Contracting

Applicant:         Larry C. Shipman

NPU-Z                                     Council District 1

04O1836(38)      Z-04-102      An Ordinance by Zoning Committee to rezone from the        R-4 (Single-Family Residential) District to the R-4A (Single-Family Residential) District, property located at 675 Schuyler Avenue, SE, fronting 125 feet on the south side of Schuyler Avenue beginning 100 feet west from the southwest corner of Morely Avenue. Property also fronts on Lonetia Avenue, unopened right-of-way.  (ZRB Public Hearing scheduled for 11/18/04)

Depth:  Varies

Area:                0.445 Acre

Land Lot:         23, 14th District, Fulton County, Georgia.

Owner: Justin L. Landis

Applicant:         Benjamin J. Foltz

NPU-W                                               Council District 1

04O1837(39)     Z-04-103           An Ordinance to by Zoning Committee rezone from the   I-1 (Light Industrial) District to the MRC-3 (Mixed Residential Commercial) District, property located at 471 & 525 Glen Iris Drive, 616-624 Rankin Street, 476-502 and 471-485 Wilmer Street, 619, 623, 660, 680, & 681 Dallas Street, NE fronting Tract 1, 372.88 feet on the east side of Glen Iris Drive beginning at the northeast corner of Morgan Street  (ZRB Public Hearing held 11/4/04)

Depth               Varies

Area:                7.106 Acres

Tract 2, fronting 216 feet on the east side of Glen Iris Drive beginning at the northeast corner of Rankin Street, Tract 2 also fronts on Rankin Street, Wilmer Street and Dallas Street.

Depth               Varies

Area:                2.653 Acres

Tract 3, fronting 195.77 feet on the east side of Wilmer Street beginning at the northeast corner of Rankin Street

Depth:  Varies

Tract 4, fronting 126.19 feet on the south side of Dallas Street beginning at the southeast corner of Edith Street (unimproved, unopened City right-of-way)

Depth:  Varies

Area:                0.746 Acre

Land Lot:         18, 14th District, Fulton County, Georgia.

Owner: Arthur Cohen, et al.

Applicant:         Gellerstedt Development, LLC

NPU-M                                               Council District 2

04O1838(40)      Z-04-104     An Ordinance by Zoning Committee to rezone from the         I-1-C (Light Industrial-Conditional) District to the MR-4A (Multi-Family Residential-Eight story multi-family dwellings) District, property located at 140 Milton Avenue, SE, fronting 517.04 feet on the northeasterly side of Milton Avenue beginning at the southwest corner of Martin Street.  (ZRB Public Hearing held on 11/4/04)

Depth:  Varies

Area:                2.7556 Acres

Land Lots:        55 & 56, 14th District, Fulton County, Georgia

Owner: Mohamed M. Malak

Applicant:         Mitchel C. Jaffe

NPU-Y                                                Council District 1

04O1839(41)      Z-04-113        An Ordinance by Zoning Committee to rezone from the      R-4 (Two-Family Residential) District to the PD-H (Planned Development-Housing) District, property located at 1365 Pasadena Avenue, NE (rear) (a.k.a. 1538 Markan Drive, NE), fronting 60 feet at the north terminus of Markan Drive, unimproved right-of-way in unincorporated Dekalb County beginning 156.95 feet north of the northeast corner of Rocksprings Circle in unincorporated Dekalb County.  (ZRB Public Hearing scheduled for 11/18/04)

Depth:  Varies

Area:                Approximately 1.02 Acres

Land Lot:         56, 15th District, Dekalb County, Georgia.

Owner: Perrin Taylor

Applicant:         Michael McLaughlin                            

NPU-F                                     Council District 6

04O1840(42)       Z-04-115     An Ordinance by Zoning Committee to rezone from the        R-4 (Single-Family Residential) District to the PD-H (Planned Development-Housing) District, property located at 1096 Custer Avenue, SE, fronting 322.48 feet on the north side of Custer Avenue beginning 190 feet east from the northeast corner of Woodland Avenue.  (ZRB Public Hearing held 11/4/04)

Depth:  Varies

Area:                4.1906 Acres

Land Lot:         9, 14th District, Fulton County, Georgia

Owner: APD Custom Homes, Inc.

Applicant:         APD Custom Homes, Inc.

By:                   Carolyn “Kiti” Parks, Agent

NPU-W                                               Council District 1

04O1841(43)    Z-04-109/Z-84-71         An Ordinance by Zoning Committee to amend        Ordinance Z-84-71, as amended, adopted by City         Council October 1, 1984 and approved by the Mayor October 3, 1984 rezoning from the RG-2 (Residential General-Sector 2) District to the RG-3-C (Residential General-Sector 3- Conditional) District, property located at 2289 Virginia Place, NE, for the purpose of approving a revised site plan; and for other purposes. (ZRB Public Hearing scheduled for 11/18/04)

Owner: Peachtree Hills Apartment Corp.

Applicant:         Isakson/Barnhart Development Co., LLC.

By:                   Larry M. Dingle, Esq.

NPU-B                                                Council District 7

04O1843(44)    Z-04-110       An Ordinance by Zoning Committee to rezone from the   RG-2 (Residential General-Sector 2) District to the RG-3 (Residential General-Sector 3) District, property located at 228 Peachtree Hills Avenue, NE, fronting 791.82 feet on the north side of Peachtree Hill Avenue beginning the northeast corner of Virginia Place.  (ZRB Public Hearing scheduled for 11/18/04)

Depth:  Varies

Area:                4.1906 Acres

Land Lot:         102, 17th District, Fulton County, Georgia.

Owner: Peachtree Hills Apartment Corp.

Applicant:         Isakson/Barnhart Development Co., LLC

By:                   Larry M. Dingle, Esq.

NPU-B                                                Council District 7

04O1844(45)       Z-04-111       An Ordinance by Zoning Committee to rezone from the       OI-C (Office Institution-Conditional) District to the C-1 (Community Business) District, property located at 0 Fairburn Road, SW, fronting 420.66 feet on the east side of Fairburn Road 570.69 feet south from the southeast corner of Benjamin E. Mays Road. (ZRB Public Hearing scheduled for 11/18/04)

Depth:  Varies

Area:                2.76 Acres

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

Owner: Sterling Trust Company

Applicant:         Marvin Isenberg for Piedmont Properties, Inc.

NPU-H                                                Council District 10

04O1845(46)      Z-04-112      An Ordinance by Zoning Committee to rezone from the        I-1 (Light Industrial) District and the I-2 (Heavy Industrial) District to the MR-4A (Multi-Family Residential-Eight story multi-family dwellings) District, property located at 748 10th Street and 980 Howell Mill Road, NW, fronting 286.83  feet on the south side of 10th Street beginning the southeast corner of Howell Mill Road. Property also fronts on Howell Mill Road and 9th Street. (ZRB Public Hearing scheduled for 11/18/04)

Depth:  Varies

Area:                1.580 Acres

Land Lot:         150, 17th District, Fulton County, Georgia.

Owner: Advanced Metal and Welding Corporation

Applicant:         Weaver and Woodberry Company

NPU-E                                                Council District 3

04O1846(47)     Z-04-114       An Ordinance by Zoning Committee to rezone from the     I-1 (Light Industrial) District to the MR-5A (Multi-Family Residential-Fifteen story residential dwellings) District, property located at 643-663 10th Street and 640 11th Street, NW, fronting 392.97  feet on the north side of 10th Street beginning 53.22 feet east from the northeast corner of Northside Drive. Property also fronts on 11th Street. (ZRB Public Hearing scheduled for 11/18/04)

Depth:  Varies

Area:                2.895 Acres

Land Lots:        149 & 150, 17th District, Fulton County, Georgia

Owner:             Donald Reisman

Applicant:         David Green

NPU-E                                                Council District 8

04O1847(48)       Z-04-118    An Ordinance by Zoning Committee to rezone from the    R-5/HD (Two-Family Residential/West End Historic District) District to the RG-3 (Residential General-Sector 3/West End Historic District) District, property located at 1261 Lucile Avenue, SW (a.k.a. 1263-1279 Lucile Avenue), fronting 281.91  feet on the north side of Lucile Avenue beginning at the northwest corner of Atwood Street. (ZRB Public Hearing held 11/4/04)

Depth:  140 Feet

Area:                0.91 Acre

Land Lot:         140, 14th District, Fulton County, Georgia

Owner: University Community Development Corporation

Applicant:         James R. Hayley

NPU-T                                                Council District 4

04O1848(49)    Z-04-117/ Z-88-44       An Ordinance by Zoning Committee to amend       Ordinance Z-88-44, as amended, adopted by City           Council December 19, 1988 and approved by the Mayor December 21, 1988 rezoning from the R-3 (Single-Family Residential) District to the RG-2-C (Residential General-Sector 2-Conditional) District on Tract I, and to OI-C (Office Institutional-Conditional) District on Tract II, property located at 2500 Pine Tree Road, NE, for the purpose of approving a revised site plan; and for other purposes. (ZRB Public Hearing scheduled for 11/18/04)

Owner: Rayman Associates Buckhead, LLC

Applicant:         Rayman Associates Buckhead, LLC

By:                   William Woodson Galloway, Attorney

NPU-B                                                Council District 7

04O1849(50)     U-04-22/ U-02-26        An Ordinance by Zoning Committee granting a Special Use Permit for a Poolroom and Game Room (Section         16-11.005 (1)(d), (Remanded back by Superior Court of Fulton County) property located at 2721 Metropolitan Parkway, SW, fronting 125 feet on the west side of Metropolitan Parkway beginning 300 feet south from the southwest corner of Cleveland Avenue.  (ZRB Public Hearing held 11/4/04)

Depth:  181.5 Feet

Area:                0.52 Acre

Land Lots:        93 & 100, 14th District, Fulton County, Georgia

Owner: Jerry Ragsdale

Applicant:         Cliff F. Entrekin

By:                   Alan Begner, Esq., Attorney

NPU-X                                                Council District 12

04O1842(51)       U-04-23    An Ordinance by Zoning Committee granting a Special           Use Permit for a Personal Care Home (Assisted Living with Nursing Home Component) (Section 16-08.005 (1)(f), property located at Tract 1, 228 Peachtree Hills Avenue, NE fronting 791.82 feet on the north side of Peachtree Hills Avenue beginning at the northeast corner of Virginia Place; Tract 2, 2289 Virginia Place, NE, fronting 602.18 feet on the east side of Virginia Place beginning at the southeast corner of Peachtree Hills Avenue. Tract 2 also fronts on Kinsey Court; Tract 3, 2254 Virginia Place, NE, fronting 498.24 feet on the west side of Virginia Place beginning at the southwest corner of Peachtree Hills Avenue.  (ZRB Public Hearing scheduled for 11/18/04)

Depth:  Varies

Area:                23.32 Acres (all Tracts combined)

Land Lot:         102, 17th District, Fulton County, Georgia.

Owner: Peachtree Hills Apartment Corp.

Applicant:         Isakson/Barnhart Development Co., LLC

By:                   Larry M. Dingle, Esq.

NPU-B                                                Council District 7

04O1922(52)           An Ordinance by Councilmember Felicia A. Moore to rezone from the RG-3 (Residential General – Sector 3) and I-1 (Light Industrial) Districts to the PD-MU (Planned Development – Mixed Use) District property consists of four Tracts as follows:

Tract 1:           Consisting of 6.85 Acres fronting approximately 160 feet along the northerly right-of-way of Johnson Road, NW beginning at the northwest corner of the intersection of Johnson Road and Habershall Road, NW.

Depth:  Approximately 875 Feet

Tract 2:           Consisting of 21.75 acres, fronting approximately 1,250 feet along the northerly right-of-way of Johnson Road, NW beginning at the northeast corner of the intersection of Johnson Road and Habershall Road, NW.

Depth:  Approximately 900 feet

Tract 3:           Consisting of 53.50 acres fronting approximately 1,400 feet along the southerly right-of-way of Johnson Road, NW beginning at the southwest corner of the intersection of Johnson Road and Grove Park Place, NW.

Depth:  Approximately 1,750 Feet

Tract 4:           Consisting of 11.73 acres fronting approximately 1,610 feet along the easterly right-of-way of Grove Park Place, NW beginning at the northeast corner of the intersection of Grove Park Place, NW and the Georgia Power Company right-of-way.

Depth:  Varies

NPU-G                                                Council District 9

04-O-1939 (53)      Z-O4-131        An Ordinance by Councilmember Ivory Lee Young, Jr.     authorizing the Mayor or her designee to amend the Zoning Ordinance and the Maps established in connection therewith be changed so that the following property located at 762 West Marietta Boulevard be changed from the I-2 (Heavy Industrial) District to PD-MU (Planned Development-Mixed Use) District; and for other purposes.

04O2037(54)     Z-04-135       An Ordinance by Councilmember Ivory Lee Young, Jr.        amending the City of Atlanta Zoning Ordinance and the Maps established in connection therewith be changed so as to rezone properties located with SPI-11, Subarea Number 8 (Vine City Multi-Family Residential) bounded by Carter Street to the north, Griffin Street to the east, James P. Brawley to the west and Martin Luther King Jr. Drive to the south, to SPI-11, Subarea #7 (Vine City Single-Family Residential); and for other purposes.

04O2073(55)      Z-04-120       An Ordinance by Zoning Committee to rezone property       from the R-3 (Single Family Residential) District and the PD-H (Planned Development Housing) District to the PD-H  (Planned Development-Housing) District, property located at 215 and 311 Lynhurst Drive, SW, fronting approximately 396 feet on the westerly side of Lynhurst Drive approximately 1,046 feet south of the intersection of Martin Luther King, Jr. Drive and Lynhurst Drive.

Depth: Varies

Area:                5.499 Acres

Land Lots:        236 and 237 14th District, Fulton County, Georgia

Owner: Ashmel Williams

Applicant:         Ashmel Williams

NPU-I                                                 Council District 10

04O2074(56)     Z-04-125      An Ordinance by Zoning Committee to rezone property         from the I-1 (Light Industrial) District to the R-4 (Single Family Residential) District, property located at 1498 Murphy Avenue, SW, fronting 40.00 feet on the southeasterly side of Murphy Avenue beginning approximately 80 feet from the southeast corner of Langston Street (formerly Jonesboro Road).

Depth: Varies

Area:                .113 Acre

Land Lot:         121, 14th District, Fulton County, Georgia

Owner:             Vickery Miles

Applicant:         Vickery Miles

NPU-X                                                Council District 12

04O2075(57)      Z-04-126/Z-01-71       An Ordinance by Zoning Committee to amend       Ordinance Z-01-71, as amended, adopted by City         Council March 4, 2002 and approved by the Mayor March 12, 2002 rezoning from the R-4 (Single-Family Residential) District to the PD-H (Planned Development-Housing) District property located at McDonough Boulevard, SE, fronting 678.94 feet on the southwesterly side of McDonough Boulevard, beginning approximately 612.40 feet northwesterly from the southwest corner of Henry Thomas Drive for the purposes of approving a revised site plan and; for other purposes.

Owner: William H. Freeman

Applicant:         Melvin Collins

NPU-Z                                     Council District 1

04O2076(58)    Z-04-127/Z-03-85         An Ordinance by Zoning Committee to amend       Ordinance Z-03-85, as amended, adopted by City          Council April 19, 2004 and approved by the Mayor April 27, 2004 rezoning from the RG-2 (Residential General-Sector 2) District to the PD-H (Planned Development-Housing) District, property located at 201 Moury Avenue for the purposes of approving a revised site plan; and for other purposes.

Owner:             Housing Authority of the City of Atlanta

Applicant:                     Carver Redevelopment, LLC

NPU – Y                                              Council District 1

04O2077(59)      Z-04-128       An Ordinance by Zoning Committee to rezone property       from the I-2 (Heavy Industrial) District to the PD-H  (Planned Development-Housing) District, property located at 768 Highland Avenue, fronting approximately 116 feet on the northeasterly side of Highland Avenue, beginning approximately 152 feet northeasterly of the intersection of Highland Avenue and Alaska Avenue.

Depth:  Varies

Area:                3.95 Acres

Land Lot:         19, 14th District, Fulton County, Georgia

Owner:             Edwin Rothberg

Applicant:         David Green

NPU-M                                               Council District 2

04O2078(60)      Z-04-129      An Ordinance by Zoning Committee to rezone property        from the I-2 (Heavy Industrial) District to the MRC-3  (Mixed Residential Commercial) District, property located at 349-359 Decatur Street, fronting approximately 618.45 on the south side of Decatur Street and fronting approximately 163 feet on the east side of Hill Street and fronting approximately 103 feet on the west side of Grant Street, beginning at the intersection of Decatur Street and Grant Street.

Depth:  Varies

Area                 3.9 Acres

Land Lots:        45 and 52, 14th District, Fulton County, Georgia

Owner:             Janelle Corey and William Corey

Applicant:                     David Green

NPU-M                                               Council District 2

04O2079(61)      Z-04-130       An Ordinance by Zoning Committee to rezone property       from the R-3 (Single Family Residential) District to the PD-H  (Planned Development-Housing) District, property located at 1690 Adams Drive, fronting approximately 1,207 feet along the southeasterly side of Adams Drive and fronting approximately 517 feet on the southeasterly side of Childress Street, beginning at the northerly right-of-way of Childress Drive and the easterly right of way of Adams Drive.

Depth: Varies

Area:                4.16 Acres

Land Lot:         232, 14th District, Fulton County, Georgia

Owner:             Community Renewal and Redemption, LLC

Applicant:         Samuel Dickson By Village Habitat Design

NPU-R                                                Council District 11

04O2080(62)      U-04-25     An Ordinance by Zoning Committee granting a Special           Use Permit for a Recreational Facility (Section 16-08.005(1)(j), property located at 89 William H. Borders Drive, fronting approximately 325 feet on the westerly side of William H. Borders Drive, beginning approximately 262 feet north of the intersection of William H. Borders Drive and Decatur Street.

Depth: Varies

Area:    1.352 Acres

Land Lot:         45, 14th District, Fulton County, Georgia

Owner:             The Salvation Army, a Georgia Corporation

Applicant:         Brent Pope

NPU-M                                               Council District 5

04O2081(63)       U-04-26     An Ordinance by Zoning Committee granting a Special          Use Permit for a Mortuary Facility (Section 16-011.005(1)(b), property located at 2125 County Line Road, SW, fronting approximately 45 feet on the westerly side of County Line Road, beginning approximately 40 feet south of the intersection of Wilson James Road and County Line Road.

Depth: Varies

Area:                1.440 Acres

Land Lot:         65, 14th FF District, Fulton County, Georgia

Owner:             Kerang Jason Ding

Applicant:         Bianca Smith

NPU-P                                     Council District 11

04O2082(64)      U-04-27     An Ordinance by Zoning Committee granting a Special Use           Permit for expansion of an existing Assisted Living Facility Sections 16-08.005 (1)(f,) and 16-11.005 (1)(e), property located at 3711 Benjamin E. Mays Drive fronting approximately 139 feet on the easterly side of Fairburn Road and fronting approximately 392 feet along the northerly side of Benjamin E. Mays Drive.

Depth: Varies

Area:    5.776 Acres

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

Owner:             Julius M. Willis

Applicant:         Julius M. Willis

NPU-H                                                Council District 10

04O2083(65)      U-04-28     An Ordinance by Zoning Committee granting a Special    Use Permit for a Group Home for Boys (Section 16-06.005 (1)(g), property located at 615 Kennolia Drive fronting approximately 137 feet on the northwesterly side of Kennolia Drive and fronting approximately 193 feet on the southerly side of Westwood Avenue. Property is located at the intersection of Westwood Avenue and Kennolia Drive.

Depth: Varies

Area:                59 Acres

Land Lot:         171, 14th District, Fulton County, Georgia

Owner:             Kendrick Solomon

Applicant:         Kendrick Solomon

NPU-I                                                 Council District 11

04O2089(66)           An Ordinance by Zoning Committee to repeal Code Section 16-28.024 of the City of Atlanta Zoning Code of Ordinances titled “Package Stores – Locational Requirements”; and for other purposes.

FINANCE/EXECUTIVE COMMITTEE                 DEBI STARNES, CHAIR

04-TR-2101 (1)           Report to 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 Atlanta.

FILE

ORDINANCES FOR SECOND READING

03O0117(1) A Ordinance by Councilmember C. T. Martin as substituted by Finance/Executive Committee to amend the City of Atlanta General Employees’ Pension Fund, Firefighters Pension Fund and Police Officers Pension Fund so  as to provide the required minimum distributions, limit the amount of considered compensation, clarify the limitation on annual benefits and make certain other changes all as required by the U. S. Internal Revenue Code; to repeal conflicting ordinances; and for other purposes.

FAVORABLE (4 YEA’S) (2 NAY’S)

04O1885(2) An Ordinance by Finance/Executive Committee authorizing the Commissioner of the Department of Parks, Recreation and Cultural Affairs to approve tenant improvements at Dunbar Center, Georgia Hill Center, and John Birdine Center and to grant rent abatements therefor in an amount no greater than $2.00 per square foot; and for other purposes.

FAVORABLE (1 ABSTENTION)

04O1919(3) A Substitute Ordinance by Finance/Executive Committee adopting the 2005 Tentative Budget; and for other purposes.

FAVORABLE (2 YEA’S) (1 NAY) (1 ABSTENTION)

04O1921(4) An Ordinance by Councilmember Debi Starnes as substituted and amended 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 abolish, create, reclassify, transfer salary and grade adjust positions in support of the 2005 Budget; and for other purposes.

FAVORABLE  (2 YEAS) (1 NAY) (2 ABSTENTION’S)

RESOLUTIONS

04R1976( 1)            A Substitute Resolution as amended by Finance/Executive Committee authorizing the Mayor or her designee to enter into a cooperative purchasing agreement pursuant to Section 2-1601 of the Procurement and Real Estate Code of the City of Atlanta (“City”), utilizing the GSA contract #GS35F-4984H for the purchase of Oracle Enterprise Resource Planning (“ERP”) Business Transformation Services on behalf of the City of Atlanta Department of Information Technology, from International Business Machines (“IBM”), in an amount not to exceed $10,900,000.00 dollars, and to authorize the cost of Resource Allocation for the ERP, not to exceed $3,600,000.00, and a Program Office Facility with funds not to exceed $250,000.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: 1A01 524001 T31001, (Consultant/Professional Services, Unallocated Fund-wide Expenses). 

FAVORABLE ON SUBSTITUTE AS AMENDED

(1 ABSTENTION)

04R1978( 2)            A Resolution by Finance/Executive Committee authorizing the Chief Procurement Officer to utilize the State of Georgia Contract GTA-00119 with Xerox for the purchase of a Workcenter Pro 55 Copier on behalf of the Department of Aviation, in an amount not to exceed $21,150.00.  All contracted work shall be charged to and paid from Fund, Account and Center Number: 2H21 Renewal & Extension Fund, 575001 (Non Motorized) R41001 (Administration).

FILE

04R2022( 3)            A Substitute Resolution by Finance/Executive Committee authorizing the Mayor or her designee to enter into an appropriate Contractual Agreement with ACS State and Local Solutions for FC-7694-04, annual contract for the Red Light Camera Enforcement Program on behalf of the Department of Public Works and the Atlanta Police Department.  Said contract shall be based on a Full Turnkey Operation. All funds collected from the Red Light Camera Enforcement Program shall be deposited into Fund, Account and Center Number: 3P02 451101 M23T07479999 (Trust Fund) and all expenses generated for the Red Light Camera Program shall be paid from  Fund, Account, and Center Number 3P02 529002 M23T07479999 (Trust Fund)

FAVORABLE ON SUBSTITUTE ON CONDITION

PAPERS HELD IN COMMITTEE

03O0313( 1)            An Ordinance by Councilmember Felicia A. Moore to amend the Pension Laws applicable to firefighters of the City of Atlanta so as to increase the monthly pension benefit of officers where a determination has been made by the Board of Trustees of the Firefighters Pension Fund that an officer has become disabled as a result of a catastrophic injury received in the line of duty, to provide that said ordinance shall be retroactive; and for other purposes.  (Held, Referred to Pension Board 2/26/03)

03O0314( 2)            An Ordinance by Councilmember Felicia A. Moore to amend the Pension Laws applicable to general employees of the City of Atlanta so as to increase the monthly pension benefit of general employees where a determination has been made by the Board of Trustees of the General Employees Pension Fund that a current employee has become disabled as a result of a catastrophic injury received in the line of duty; to provide that said ordinance shall be retroactive; and for other purposes.  (Held 2/26/03, Referred to Pension Board)

03O0409( 3)            An Ordinance by Councilmembers C. T. Martin, H. L. Willis, Natalyn M. Archibong, Jim Maddox, Ivory Lee Young, Jr., Derrick Boazman, Ceasar C. Mitchell, Carla Smith, Debi Starnes and Mary Norwood as amended by Finance/Executive Committee to amend the Code of Ordinances of the City of Atlanta to add a new article to ensure that the City of Atlanta and businesses that benefit from receipt of City funds or from use of City property engage in responsible business practices by paying their  employees a living wage and health benefits, practicing pay equity, and ensuring that public funds and public property are used in a viewpoint-neutral fashion and not diverted for inappropriate purposes.  (Held 3/12/03) (Public Hearings held 5/12/03 and 5/13/03)

04O0061( 4)            An Ordinance by Councilmember C. T. Martin amending the City of Atlanta Code of Ordinances Chapter 1, Development Impact Fees, adding a new Section to establish a $1 Impact Fee for parking; and for other purposes.  (Held 1/14/04)

04O0498( 5)            An Ordinance by Councilmember Ceasar C. Mitchell to amend Section 5(a), Article 1, of Appendix E Atlanta Housing Code of 1987, so as to require non-Homestead Owners of real property to file an annual registration; and for other purposes.   (Held 3/31/04)

04R0867( 6)            A Resolution by Councilmember Clair Muller authorizing the Mayor or her designee to initiate the process to create a City of Atlanta Charter Review Commission Foundation; to solicit sponsors therefor; and for other purposes. (Held 5/12/04)

04R0868( 7)            A Resolution by Councilmember Clair Muller as substituted by Finance/Executive Committee authorizing the Mayor to expand the charge of the Charter Review Commission to include a review of governance issues in the City of Atlanta, Fulton County and DeKalb County, including the feasibility of consolidation of City and County governments, City and County services, and municipalization of unincorporated areas; to expand the term of the Commission in 2005 for an additional three (3) years; and to amend the composition of the Commission; to facilitate a review of these charges; and for other purposes.  (Referred from Full Council 5/17/04) (Held 6/02/04)

04R1129( 8)            A Resolution by Councilmember Clair Muller accepting the oversight of the Environmental Protection Division (EPD) of the Georgia Department of Natural Resources for the Clean Water Atlanta Plan; and for other purposes.  (Held 6/16/04)

04R1197( 9)            A Resolution by Councilmembers Clair Muller , Natalyn Archibong , Carla Smith, H. Lamar Willis, Mary Norwood, Ceasar C. Mitchell, Jim Maddox and Cleta Winslow to add to the 2005 Legislative Package a request for the Fulton/DeKalb Delegation to prepare special legislation for the City of Atlanta to be allowed to operate restaurants and bars the same on Sundays and other days of the week.  (Held 6/30/04)

04O1198(10)           An Ordinance by Councilmember H. Lamar Willis to amend Chapter 2, Article IX, Division 3 by adding Section 2-974 directing all Commissions and Agencies of the City of Atlanta to implement an online system for collecting monies to be used in addition to the present method of collection.  (Held 6/30/04)

04O1248(11)           An Ordinance by Councilman C. T. Martin to amend the Procurement and Real Estate Code of the City of Atlanta, requiring that any cost of living (COLA) adjustments to contracts for work to be performed on behalf of the City be brought before the Council for approval; and for other purposes.  (Held 7/14/04)

04O1433(12)           An Ordinance by Councilmembers Jim Maddox , C. T. Martin, Ceasar C. Mitchell, H. Lamar Willis and Natalyn M. Archibong to amend Section 146-53(g) of the Code of Ordinances of the City of Atlanta, Georgia so as to require applicants for Enterprise Zone Designation to commit to abide by and comply with the City’s Equal Business Opportunity Ordinance (City Code Section 2-1441 et seq.) in the selection of contractors for the development and construction of the proposed project; to repeal conflicting ordinances; and for other purposes.  (Held 9/01/04)

04O1434(13)           An Ordinance by Councilmembers Jim Maddox , C. T. Martin, Ceasar C. Mitchell, H. Lamar Willis, Felicia A. Moore, Mary Norwood, Anne Fauver, Howard Shook, Carla Smith, Clair Muller and Cleta Winslow to establish designated parking spaces for Council in the old Traffic Court Parking lot; and for other purposes. (Held 9/1/04) Held again 9/15/04 for two (2) weeks certain)

04C1456(14)           A Communication by Mayor Shirley Franklin appointing Ms. Elizabeth Dixon, as a member of Westside TAD Neighborhood Advisory Board for a term of two (2) years.  Effective upon Council confirmation. (Held 9/01/04)

04O1814(15)           An Ordinance by Councilmembers Debi Starnes , Carla Smith, Ceasar C. Mitchell, H. Lamar Willis, Joyce M. Sheperd and Mary Norwood to amend Chapter ___, Article X, Division Four of the Code of Ordinances of the City of Atlanta to add a new Section to encourage the City of Atlanta and businesses that benefit from receipt of City funds or from use of City property to engage in responsible business practices by paying their employees a living wage, providing health benefits, practicing pay equity; and for other purposes. (Held 10/13/04)

04R1831(16)           A Resolution by Finance/Executive Committee urging the Georgia General Assembly to support the City of Atlanta’s 2005 Legislative Package. (Held 10/13/04)

04R1883(17)           A Resolution as amended by Finance/Executive Committee authorizing the Mayor to enter into an Intergovernmental Agreement (IGA) with the Atlanta Development Authority (ADA) to undertake a relocation analysis, which includes a specific programs requirements study, to develop a relocation strategy and determine the detailed requirements for the future space for the Department of Police, Department of Fire, and the Department of Parks, Recreation and Cultural Affairs; authorizing the Chief Financial Officer to make payments in an amount not to exceed $200,000.00; to be charged to and paid from Fund, Account and Center Number 1A01 561001 T31003, Payments to Other Governments Non-allocated Fund-Wide Expenses; and for other purposes.  (Amended and held 10/27/04)

04O1927(18)           An Ordinance by Councilmembers Jim Maddox and Cleta Winslow to repeal Ordinance, 95-O-0526, adopted by the City Council on May 1, 1995 and approved by the Mayor on May 8, 1995, which amended Ordinance 94-O-0916 so as to apply the removal of the penalty imposed upon a surviving spouse when he or she is more than 5 years younger in age than the deceased pensioner; to make removal of the penalty applicable to all active City employees as of the passage of the Age Discrimination Act of 1967 (as amended); and for other purpose. (Held 10/27/04) (Referred to General Employees Pension Fund)

04O1931(19)           An Ordinance by Councilmember Natalyn M. Archibong as substituted by Finance/Executive Committee to waive the outstanding sanitation charge and late fees on property located at 1050 Manigault Street, owned by the Parcel ID 14-0013-0007-054-6, owned by the Reynoldstown Civic Improvement League; and for other purposes.  (Substituted and held 10/27/04)

04O1933(20)           An Ordinance by Councilmembers Natalyn M. Archibong, C. T. Martin and Ceasar C. Mitchell to amend Chapter 2, Article IX, Division 4, Section 2-992.1, of the Code of Ordinances of the City of Atlanta so as to provide for the inclusion of local business entities in the solicitation and selection of senior managers and co-managers to provide investment banking services to the City; to provide that said local business entities receive no less than 30% of the fees to be charged and paid for such services; to require contractors and agents of the City to apply said criteria when procuring such services on behalf of the City; and for other purposes.  (Held 10/27/04)

04R1934(21)           A Resolution by Councilmembers Natalyn M. Archibong, C. T. Martin, and Ceasar C. Mitchell as substituted by Finance/Executive Committee requesting the Atlanta Development Authority (ADA) to provide to the Atlanta City Council, an accounting and reconciliation of all Tax Allocation Bond Financings performed or to be performed on behalf of the City of Atlanta; and for other purposes. (Substituted and held 10/27/04)

MEMBERS PRESENT:  STARNES, FAUVER, MADDOX, MULLER, MOORE & SHOOK

COMMITTEE ON COUNCIL                                             CARLA SMITH, CHAIR

PAPERS HELD IN COMMITTEE

04O1735( 1)            An Ordinance by Councilmembers Debi Starnes, H. L. Willis, Joyce M. Sheperd, Clair Muller, Anne Fauver, Ceasar C. Mitchell, Howard Shook, Carla Smith, Natalyn M. Archibong, and Mary Norwood as amended by Finance/Executive Committee to amend the City Council’s individual budget requirements, so that copying costs are allocated to each Councilmember’s expenses budget.  (Favorable as amended by Finance/Executive Committee 9/29/04) (Referred from Council, 10/4/04)(Held for two weeks certain 10/18/04)

04C1457( 2)            A Communication by Mayor Shirley Franklin appointing Mr. Richie Bishop as a member of the Perry-Bolton Tax Allocation District (TAD) Neighborhood Advisory Board in the NPU-G Category.  This appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.  (Forwarded With No Recommendation by Community Development/Human Resources Committee, 8/31/04) (Held 9/7/04)

04O1420( 3)            An Ordinance by Councilmembers Clair Muller, Carla Smith, Jim Maddox and Howard Shook as substituted by Committee on Council authorizing the creation of a Charter Review Commission; and for other purposes. (Held 9/7/04) (Substituted and held 9/20/04)

04O1622( 4)            An Ordinance by Councilman H. Lamar Willis amending the Atlanta City Code of Ordinances by adding Sections 2-137 and 2-138 to create definitions of Council related Advisory type committees assembled by a sitting Councilmember and to require that Task Forces maintain records; and for other purposes. (Held 9/20/04) (Held for discussion at the next Council Retreat)

04C1867(5) A Communication by Mayor Shirley Franklin as amended by Community Development/Human Resources Committee appointing Ms. Cathy Woolard to serve as a member of the Atlanta Downtown Improvement District (ADID) for the City of Atlanta.  This appointment is to fulfill the unexpired term of Peggy McCormick whose term ends 5/31/06, effective upon Council confirmation.  (Forwarded with No Recommendation by Community Development/Human Resources Committee, 10/26/04)

MEMBERS PRESENT:

CITY UTILITIES COMMITTEE                                HOWARD SHOOK, CHAIR

ORDINANCE FOR SECOND READING

04O1750( 1)            An Ordinance by City Utilities Committee to correct the provisions of Ordinance 04O1204 so as to restate the term of an agreement previously authorized between the City of Atlanta and NextG Networks of New York, Inc., D/B/A NextG Networks East from two years to five years, to be in conformance with the terms granted other telecommunications providers; to authorize the Mayor or her designee to execute the previously authorized agreement with revised term; and for other purposes.

FAVORABLE - 3RD READING, FINAL ADOPTION

PAPERS HELD IN COMMITTEE

02O1632 ( 1)            An Ordinance by Councilmembers Ceasar C. Mitchell and H. Lamar Willis authorizing the Mayor or her designee to pave the unpaved portion of Cahaba Drive, SW once a survey has been done and funding identified; and for other purposes.  (Held 10/2/02)

02O1897( 2)            An Ordinance by Councilmembers Clair Muller and Ceasar C. Mitchell as substituted and amended by City Utilities Committee amending Chapter 138, Division 5 “Vending Devices and Telephones” of the Code of Ordinances to update the requirements necessary to install/place vending boxes in the City’s right-of-way; and for other purposes. (Public Hearing held 10/14/03) (Substituted and held 10/14/03)

03O2107( 3)            An Ordinance by Finance/Executive Committee to amend Article II, Division 3, Section 130 of the Code of Ordinances of the City of Atlanta so as to decrease the annual residential Solid Waste Collection Fee to $257.89; and for other purposes.  (Public Hearing held 1/13/04)

03O2223( 4)            An Ordinance by Councilmembers Carla Smith and Ivory Lee Young, Jr. amending Section 130-64 of the Code of Ordinances of the City of Atlanta to provide sufficient guidelines and requirements concerning the siting of transfer stations; and for other purposes. (Public Hearing held 1/13/04)

04R0053( 5)            A Resolution by Councilmembers Derrick Boazman, Jim Maddox , C. T. Martin, Mary Norwood and Ivory Lee Young, Jr. authorizing the Mayor or her designee to establish a limit to the discount allowed for cooling Towers located in air-conditioned buildings; and for other purposes. (Held 1/27/04)

04R0055( 6)            A Resolution by Councilmembers Derrick Boazman, Jim Maddox , C. T. Martin, Mary Norwood and Ivory Lee Young, Jr. authorizing the Mayor or her designee to negotiate upward adjustments of the Water/Sewer Fees charged in the Interjurisdictional Contracts; and for other purposes.  (Held 1/27/04)

04R0056( 7)            A Resolution by Councilmembers Derrick Boazman, Jim Maddox , C. T. Martin, Mary Norwood and Ivory L. Young, Jr. authorizing the Mayor or her designee to establish variable rates for different classes/categories of customers of water rate payers; and for other purposes. (Held 1/13/04)

04R0057( 8)            A Resolution by Councilmembers Derrick Boazman, Jim Maddox , C. T. Martin, Mary Norwood and Ivory L. Young, Jr. authorizing the Mayor or her designee to establish variable base rates according to meter size of water ratepayers; and for other purposes.   (Held 1/13/04)

04R0058( 9)            A Resolution by Councilmembers Derrick Boazman, Jim Maddox , C. T. Martin, Mary Norwood and Ivory L. Young, Jr. authorizing the Mayor or her designee to establish and implement a Sewer Capacity Recovery Fee in the City of Atlanta; and for other purposes. (Held 1/13/04)

04O0163(10)           An Ordinance by Councilmembers Ceasar C. Mitchell and Clair Muller amending Section 130-11 of the City of Atlanta Code of Ordinances so as to add the term “Bulky Items” thereby prohibiting the dumping of bulky items in the public right-of-way; and for other purposes. (Held 1/27/04)

04O0329(11)           An Ordinance by Councilmembers Anne Fauver, Clair Muller , Howard Shook, Jim Maddox , Ceasar C. Mitchell and H. Lamar Willis to delete Section 154-115 of the Code of Ordinances of the City of Atlanta, Georgia; so as to discontinue the practice of inequitable billing; and for other purposes. (Held 2/24/04)

04O0435(12)           An Ordinance by Councilmembers Derrick Boazman, Natalyn Archibong , Ceasar C. Mitchell, H. Lamar Willis, Ivory L. Young, Jr., Debi Starnes , Jim Maddox and Anne Fauver as substituted(#3) and amended by City Utilities Committee to amend certain provisions of Article II, Chapter 86 of the Code of Ordinances of the City of Atlanta; to provide for a prohibition of smoking in public places; to renumber sections within the Article; to repeal certain provisions; and for other purposes.  (Public Hearing held 4/26/04) (Referred back by Full Council 9/20/04) (Held 9/28/04)

04O0773(13)           An Ordinance by Councilmembers Derrick Boazman and Felicia A. Moore authorizing the Mayor or her designee to decrease the water and sewer rates for the Rate Payers in the City of Atlanta dollar for dollar where reasonable and practical as revenues are received from the State and Federal Government through grants, taxes and other sources; and for other purposes.  (Held 4/27/04)

04R0781(14)           A Resolution by Councilmembers Felicia A. Moore, Mary Norwood, Natalyn M. Archibong, Derrick Boazman, H. Lamar Willis, C. T. Martin, Jim Maddox and Ivory L. Young, Jr. requiring proper signatures and seals from professional engineers on work product submitted to E.P.D.; to obtain written proof from Georgia E.P.D. that said plans satisfy requirements; obtaining written guarantees from the City’s professional engineering consultants that CSO and other Consent Decree requirements will be met; and requiring a plan for holding any and all engineers and construction firms liable for all cost decree mandates; and for other purposes. (Held 4/27/04) (Work session held 5/10/04)

04R0890(15)           A Resolution by City Utilities Committee authorizing the Mayor or her designee to update the City of Atlanta’s Solid Waste Management Plan; to repeal conflicting resolutions or parts thereof; and for other purposes. (Held 5/11/04) (Public Hearing held 6/22/04)

04R0938(16)           A Resolution by Councilmember Howard Shook 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 6/1/04)

04O1006(17)           An Ordinance by City Utilities Committee to abandon that portion of unimproved Marbut Avenue, SE located from Maynard Terrace to approximately 345 feet west to end consisting of .370 acre, more or less and being more specifically described in the attached Exhibit “A” lying and being in Land Lot 178 of the 15th District, Dekalb County, Georgia; and for other purposes. (Public Hearing held 6/29/04) (Held 6/29/04)

04O1120(18)           An Ordinance by Councilmember Ivory L. Young, Jr. to abandon the following portion of property, being more specifically described in the Legal Description attached as Exhibit “A” and the Survey attached as Exhibit “B” of Dover Street at Haynes Street, a distance of approximately 110 feet as shown on Exhibit “B”. (Public Hearing held 6/29/04) (Held 6/29/04)

04O1199(19)           An Ordinance by Councilmember H. Lamar Willis to amend Chapter 154, Article II of the Atlanta Code of Ordinances by adding Section 154-31 directing the Commissioner of Watershed Management to implement an online bill-paying system to be used in addition to the present method of bill collection. (Held 6/29/04)

04R1288(20)           A Resolution by City Utilities Committee setting forth the expectation of the City of Atlanta that People TV, Inc., will comply with the nature and terms of the Open Records Act and Open Meetings Act of the State of Georgia; and for other purposes. (Held 7/13/04)

04O1353(21)           An Ordinance by Councilmember Ivory L. Young, Jr. to amend Chapter 154 Article III, Division 3 (Water Rates, Charges and Related Matters) Section 154-111 and 154-112 Article V, Division 3 (Sewer Rates, Charges and Related Matters) Section 154-276 and 154-277 of the Code of Ordinances so as to change the income threshold for the Water and Sewer Rates waiver from $25,000.00 to $35,000.00; and for other purposes.  (Held 7/27/04)

04O1361(22)           An Ordinance by Councilmembers Clair Muller and Howard Shook to amend Section 154-115 of the Code of Ordinances of the City of Atlanta, Georgia; to redefine the billing procedures for water and sewer customers in condominium and apartment buildings serviced by one water meter; and for other purposes. (Held 7/27/04)

04O1873( 23)          An Ordinance by City Utilities Committee amending Chapter 154 of the City of Atlanta Code of Ordinances for the purpose of imposing Water and Sewer Connection Fees based on the cost of installation and connection to the water and sewer systems; and for other purposes. (Advertised for a Public Hearing 11/30/04 at 9:00 a.m.) (Held 11/9/04)

04R1952(24)           A Resolution by City Utilities Committee authorizing the Mayor or her designee to enter into an appropriate contractual agreement with                          for FC-6004007850, Litter Clean-Up Program, on behalf of the Department of Public Works in an amount not to exceed $300,000.00.  All contracted work shall be charged to and paid from Fund, Account and Center Number:                                              . (Held 11/9/04)

04R1955(25)           A Resolution by City Utilities Committee authorizing the Mayor or her designee to issue a Notice to Proceed with Metcalf & Eddy/Cardoza, a Joint Venture, for FC-7619-03E, for R. M. Clayton Compliance Upgrade, on behalf of the Department of Watershed Management in an amount not to exceed $_______.  All contracted work shall be charged to and paid from Fund, Account and Center Number:  2J28 524001 Q32I020249999. (Held 11/9/04)

04R1956(26)           A Resolution by City Utilities Committee authorizing the Mayor or her designee to issue a Notice to Proceed with CH2M Hill/WRJ, a Joint Venture, for FC-7619-03C, for Raw Water Transmission Mains, on behalf of the Department of Watershed Management in an amount not to exceed $_______.  All contracted work shall be charged to and paid from Fund, Account and Center Number:  2J28 524001 Q65J08169999. (Held 11/9/04)

04R1958(27)           A Resolution by City Utilities Committee authorizing the Mayor or her designee to issue a Notice to Proceed with JP2, a Joint Venture, for FC-7619-03D, for Fairburn Road Pump & Water Mains, on behalf of the Department of Watershed Management in an amount not to exceed $    .  All contracted work shall be charged to and paid from Fund, Account and Center Number:  2J28 524001 Q65J08119999. (Held 11/9/04)

04R1970(28)           A Resolution by City Utilities Committee authorizing the Mayor or her designee to issue a Notice to Proceed with CH2M Hill/WRJ, a Joint Venture, for FC-7619-03C, for South River Clarifier Upgrades, on behalf of the Department of Watershed Management in an amount not to exceed $_______.  All contracted work shall be charged to and paid from Fund, Account and Center Number:  2J28 524001 Q35I1809999. (Held 11/9/04)

04R1971(29)           A Resolution by City Utilities Committee authorizing the Mayor or her designee to issue a Notice to Proceed with CH2M Hill/WRJ, a Joint Venture, for FC-7619-03C, for South River Upgrade of Solids Handling at Headworks, on behalf of the Department of Watershed Management in an amount not to exceed $_______.  All contracted work shall be charged to and paid from Fund, Account and Center Number:  2J28 524001 Q35I18099999. (Held 11/9/04)

04R2028(30)           A Resolution by Councilmember Mary Norwood requesting the Department of Watershed Management to notify the District Councilmember and the at-large Councilmember prior to terminating a customer’s water/sewer services; and for other purposes. (Held 11/9/04)

04O2032(31)           An Ordinance by Councilmember C. T. Martin to establish a four (4) month moratorium on the termination of service for delinquent water/sewer bills for those residential customers who are 65 years of age or older and whose annual income does not exceed $25,000.00; and for other purposes. (Held 11/9/04)

04O2035(32)           An Ordinance by Councilmembers Felicia A. Moore and Clair Muller amending the City of Atlanta’s Code of Ordinances Section 130-84 (Rates and Charges) by deleting the frontage solid waste charges reference in the Code; and other purposes. (Held 11/9/04)

MEMBERS PRESENT: SHOOK, MULLER, FAUVER, MITCHELL, WINSLOW, WILLIS & MADDOX

COMMUNITY DEVELOPMENT/

HUMAN RESOURCES COMMITTEE                 CEASAR C. MITCHELL, CHAIR

RESOLUTION

03R1803( 1)            A Resolution by Community Development/Human Resources Committee rescinding legislation adopted by City Council which authorized contracts under the CDBG and HOME Multifamily Projects; and for other purposes.

FILE

PAPERS HELD IN COMMITTEE

03O0045( 1)            An Ordinance by Councilmember Clair Muller to amend Section 138-204 of the Outdoor Festival Code for the City of Atlanta to require compliance with the Noise Control Code of the City of Atlanta; and for other purposes.  (Held 1/14/03 for further review of the current Noise Ordinance.) (Work Sessions held 10/23/03, 2/5/04)

04O1734( 2)            An Ordinance by Councilmember Debi Starnes to exempt Underground Atlanta from certain provisions of the Festival Ordinance, because of their Entertainment District status. (Held 9/28/04)

04O0317( 3)            An Ordinance by Councilmember C. T. Martin as substituted by Community Development/Human Resources Committee to amend Section 158-109 of the Tree Protection Ordinance of the City of Atlanta Code of Ordinances so as to provide an exemption for removal of one (1) hazardous tree by each property owner; and for other purposes. (Held at the request of the council member)

04O0485( 4)            An Ordinance by Councilmember Mary Norwood as substituted by Community Development/Human Resources Committee to amend Section 158-101 (a), 158-66(a) and 158-103(f) of the Tree Protection Ordinance of the City of Atlanta Code of Ordinances so as to provide assistance for removal of hazardous trees by low income property owners, to allocate funds from the Tree Trust Fund, and to prepare a Quarterly Report; and for other purposes. (Held 3/30/04)  (A Work Session is to be scheduled)

04R0426( 5)            A Resolution by Councilmembers Clair Muller and Ceasar C. Mitchell expressing the support of the City of Atlanta at the Georgia General Assembly to provide the State enabling legislation for a City of Atlanta Greenspace Authority; and for other purposes.  (Forwarded with no recommendation by Finance/ Executive Committee 3/10/04) (Referred by Council 3/15/04) (Held 3/30/04)

04O0649( 6)      UEZ-04-09         An Ordinance by Community Development/Human   Resources Committee to create the “Highbury Court Apartments Housing Enterprise Zone”, to be located on two existing parcels with the same address at 50 Mount Zion Road, SW; and for other purposes. (Held 5/11/04) (Public Hearing held 5/10/04)

NPU-Z                                                 Council District 12

04O1753( 7)     CDP-04-38       An Ordinance by Community Development and 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 Oakland City/Lakewood LCI Plan, from Various Land Use Designations to Various Land Use Designations; and for other purposes. (Held 10/26/04) (Held for Fourth Quarter CDP Amendment Public Hearing on 11/29/04 at 6:00 p.m.)

NPU’s S and X                                   Council Districts 4 & 12

04O1802( 8)      CDP-04-39       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 portions of properties that are located at 2192 & 2206 Cheshire Bridge Road, NE, from the “Single Family Residential” Land Use Designation to the “Low Density Commercial” Land Use Designation; and for other purposes. (Held 10/26/04) (Held for Fourth Quarter CDP Amendment Public Hearing on 11/29/04 at 6:00 p.m.)

NPU-F                                                 Council District 6

04O1823( 9)     CDP-04-40        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 that are located at 1893 & 1901 Cheshire Bridge Road, NE, from the “Single Family Residential” Land Use Designation to the “Mixed-Use Land Use Designation; and for other purposes. (Held 10/26/04) (Held for Fourth Quarter CDP Amendment Public Hearing on 11/29/04 at 6:00 p.m.)

NPU-F                                                 Council District 6

04O2027(10)           An Ordinance by Councilmember Mary Norwood to create Section 8-1004, Article A, Chapter 1 of Part III Code of Ordinances – Land Development Code to provide for the establishment of the City of Atlanta Code Enforcement Board; and for other purposes.  (Held 11/9/04)

04R2084(11)           A Resolution by Community Development/Human Resources

***      Committee to amend the Mechanicsville Redevelopment Plan in accordance with the State Redevelopment Law, O.C.G.A., Section 36-44-7, for the purpose of adding the Block 85 Project into the Housing Development Section of the Redevelopment Plan; and for other purposes.  (Held 11/9/04) (Held for Public Hearing on 11/29/04)

MEMBERS PRESENT:  MITCHELL, YOUNG, WINSLOW & SHEPERD

PUBLIC SAFETY AND LEGAL

ADMINISTRATION COMMITTEE                                  H. LAMAR WILLIS, CHAIR

ORDINANCES FOR SECOND READING

03O2141( 1)            An Ordinance by Councilmember Clair Muller as substituted by Public Safety and Legal Administration Committee to amend Chapter 14 of the Code of Ordinances of the City of Atlanta to provide for a better means of ensuring the health, safety and welfare of patrons in bars, nightclubs and dance clubs; and for other purposes.

FILE

04O1257( 2)            An Ordinance by Councilmember Anne Fauver as substituted (#2) and amended by Public Safety and Legal Administration Committee to amend Chapter 10, Article 1, Section 10-1 of the Code of Ordinances, City of Atlanta, Georgia so as to add a definition for “Brewery Tasting Room” as a new category of licensed establishment for consumption on premises, to set drink limitations for Brewery Tasting Rooms and to establish a license fee to operate a Brewery Tasting Room; and for other purposes.

FILE

PAPERS HELD IN COMMITTEE

03R0020( 1)            Claim of Monesia Youngblood and John Arnold, parents and legal guardian of Corey Ward, deceased, through their attorney, Shean D. Williams, for damages alleged to have been sustained as a result of the wrongful death of the claimant’s son on July 14, 2002 at 3215 Peachtree Road, NE.  (Held 1/14/03)

03O0767( 2)            An Ordinance by Councilman C. T. Martin as substituted by Full Council to amend Section 30-1405 Vending Districts and Locations, of Article XXIII. Vending on public property, so as to add one (1) additional vending space in District No. 5, 6 Five Points; to be designated as 5-6 specifically for a disabled veteran; and for other purposes. (Held 5/13/03) (Referred from Full Council as substituted 6/2/03)(Held 6/10/03)

03O1182( 3)            An Ordinance by Councilmembers Ceasar C. Mitchell and Mary Norwood to create the City of Atlanta Public Safety and Judicial Facilities Authority pursuant to the War on Terrorism Local Assistance Act, which was enacted by the Georgia General Assembly and codified in O.C.G.A. Sections 36-75-1 et seq.; and for other purposes.  (Held 7/29/03)

PUBLIC SAFETY AND LEGAL (2)

03O1188( 4)            An Ordinance by Councilmember H. Lamar Willis prohibiting panhandling within the Downtown Atlanta area and in confined areas such as: Automated Teller Machines, Banks, Metropolitan Atlanta Rapid Transit Authority (MARTA) Stations, Bus Depots, Sports Arenas and Hartsfield Atlanta International Airport.  (Held 7/29/03)

03O1454( 5)            An Ordinance by Councilmember Debi Starnes to amend Section 10-1 to Chapter 10, Article 1, to the Code of Ordinances, City of Atlanta, Georgia, so as to amend the definition of “distance” contained within said section; and for other purposes. (Held 9/9/03)

03R1705( 6)            A Resolution by Councilmembers Ceasar C. Mitchell and C. T. Martin to express the will and desire of the Council that the Mayor seek the relocation of the Atlanta Police Department and Emergency Management System (911) to suitable location to be determined; and for other purposes. (Held 10/14/03)

03R1831( 7)            A Resolution by Councilmembers Clair Muller, Cleta Winslow and Howard Shook expressing the desire of the Council that the Mayor pursue the development of a Metro-Atlanta Wide 911 Emergency Call System; and for other purposes.  (Held 10/28/03)

03O1847( 8)            An Ordinance by Councilmember Natalyn M. Archibong to settle the case of Wesley Arch, Inc., v. the City of Atlanta, Georgia, Fulton County Superior Court Case No. 2003CV72720 by reimbursing Wesley Arch, Inc. the sum of $40,000.00 for property it bought from the City of Atlanta known as 595 Harold Avenue; and for other purposes.  (Referred from Finance/Executive Committee 10/29/03) (Held 11/10/03)

03R2218( 9)            A Resolution by Councilmembers Mary Norwood and C. T. Martin authorizing the City Council to work with the Alcohol License Beverage Council to develop a strategy to fund the creation of a strike force within the Atlanta Police Department, to assist with Public Safety issues associated with late night activity in entertainment areas and similarly impacted locations; and for other purposes.  (Held 12/09/03)

04O0500(10)           An Ordinance by Councilmember Ceasar C. Mitchell to amend Article XXIII of the City of Atlanta Code of Ordinances, Vending on Public Property, specifically Sections 30-1402, 30-1403, 30-1405, 30-1409, 30-1426, 30-1428, 30-1429, 30-1430, and 30-1431; and for other purposes.  (Held 3/30/04)

04O0502(11)           An Ordinance by Councilmember Ceasar C. Mitchell to amend the Code of Ordinances of the City of Atlanta, Georgia, Chapter 162, Article II, Sections 162-33, 162-36, 162-42, 162-43, 162-76, 162-77, 162-78, 162-102 and to create a new Section 162-79; to provide time limits on the decision to issue vehicles for hire company and driver permits; to provide for certain administrative fees; to provide that certain information be displayed on a vehicle for hire; to provide that all passengers of vehicles for hire receive receipts upon request; to provide standards of punishment for certain code violations; to provide a definition for the term habitual violator; to provide additional requirements for those permitted to drive a vehicle for hire and to possess a company permit; to repeal conflicting ordinances; and for other purposes.  (Held 3/30/04)

04O0503(12)           An Ordinance by Councilmember Ceasar C. Mitchell to amend Article II of the Code of Ordinances by adding Section 162-44 so as to create a Vehicles for Hire Advisory Commission; and for other purposes.  (Held 3/30/04)

04O0504(13)           An Ordinance by Councilmember Ceasar C. Mitchell to amend Article II, Section 162-29 so as to expand the number of hearing officers and allow the Vehicles for Hire Advisory Commission to provide Hearing Officer Nominations to the Mayor; and for other purposes.  (Held 3/30/04)

04O0928(14)           An Ordinance by Councilmember Clair Muller to amend Section 70-29(b) of the Code of Ordinances of the City of Atlanta, Georgia to eliminate the permit fee for the burglar alarm permit; and for other purposes. (Held 6/1/04)

04O0931(15)           An Ordinance by Councilmembers C. T. Martin, H. Lamar Willis, Felicia A. Moore, Natalyn M. Archibong, Clair Muller, Vernell Mosley and Ivory Lee Young, Jr. to amend Section 22-110 “Firearms”, of the Code of Ordinances of the City of Atlanta, so as to expand the definition of “weapons”; to provide exemptions therefor; and for other purposes. (Held 6/1/04)

04R0961(16)           Claim of Jonathan K. King, for damages alleged to have been sustained as a result of a storm water overflow at 1218 First Street, NW. (Held 6/1/04)

04R1241(17)           A Resolution by Public Safety and Legal Administration Committee authorizing the settlement of all claims in the case of Michael Willis v. City of Atlanta, Fulton County Superior Court, Civil Action File No. E-65437, in the amount of $43,000.00; authorizing the Chief Financial Officer to distribute the settlement amount; and for other purposes.  (Referred back from Council, 7/19/04) (Held 7/27/04)

04O1260(18)           An Ordinance by Councilmember Anne Fauver as substituted by Public Safety and Legal Administration Committee to amend Chapter 10 of the Code of Ordinances of the City of Atlanta, Georgia so as to amend the definition of “Distance” contained in Section 10-1; to amend the way establishments and designated uses is made; to eliminate distance requirements from parks and libraries; to delete and consolidate redundant or obsolete Sections of the Code in Section 10-91, 10-92, 10-94; to delete Sections 10-95, 10-113 dealing with grandfathering; and for other purposes.  (Held 7/13/04 pending work session) (Substituted and held 9/14/04)

04O1261(19)           An Ordinance by Councilmember Anne Fauver as substituted by Public Safety and Legal Administration Committee to amend Chapter 10 of the Code of Ordinances of the City of Atlanta, Georgia so as to amend the definition of “Distance” contained in Section 10-1; to amend the way measurement of the distance between alcohol licensed establishments and designated uses is made; to eliminate distance requirements from parks and libraries; to delete and consolidate redundant or obsolete Sections of the Code in Section 10-91, 10-92, 10-94; and for other purposes.  (Held 7/13/04 pending work session) (Substituted and held 9/14/04)

04O1270(20)           An Ordinance by Councilmember H. Lamar Willis to amend Part II, 122, Article V of the Atlanta City Code of Ordinances by adding Section 122-158 requiring secondary metal recyclers to make daily reports to the Police Department of all secondary metals purchased during the 24 hour period of the date of the report; and for other purposes. (Held 7/13/04)

04O1271(21)           An Ordinance by Councilmember H. Lamar Willis to amend Part II, Chapter 122, Article V of the Atlanta City Code of Ordinances by adding Section 122-159 requiring a 24 hour holding period for secondary metal recyclers; and for other purposes.  (Held 7/13/04)

04R1272(22)           A Resolution by Councilmember Caesar C. Mitchell accepting the pro bono offer of Central Atlanta Progress and the Atlanta Development Authority to fund and provide to the City of Atlanta a feasibility study regarding the City’s Public Property Vending Program; and for other purposes. (Referred from Finance/Executive Committee via Council, 7/19/04)(Held 7/27/04)

04O1364(23)           An Ordinance by Councilmember Anne Fauver to amend certain sections of Chapter 10 of the City of Atlanta Code of Ordinances for the purpose of modifying the parking requirements associated with the licensing of establishments for the on premises consumption of distilled spirits; and for other purposes.  (Held 7/27/04 pending work session)(Work Session held, 10/14/04)

04R1339(24)           Claim of Ron and Vivien Patrie, through their attorney, David H. Pope, for damages alleged to have been sustained as a result of a sewer overflow on May 4, 2002 at 1357 Paces Forest Drive.  (Referred back from Council 8/16/04) (Held 8/31/04)

04R1549(25)           Claim of Bettye Ferguson, for damages alleged to have been sustained as a result of flooding on September 21, 2002 at 463 Woods Drive, NW.  (Held 8/31/04)

04O1628(26)           An Ordinance by Councilmember Clair Muller as substituted by Public Safety and Legal Administration Committee to amend the City of Atlanta Noise Ordinance Section 74-129 of the City of Atlanta Code of Ordinances to provide maximum audible sound levels for heating and air conditioning equipment adjoining a property line in a Residential Zoning District.  (Held 9/14/04)

04R1789(27)           Claim of Owen Omundsen, for damages alleged to have been sustained as a result of water run-off from an abutting property occurring on an ongoing basis at 769 Vedado Way, NE.  (Held 10/12/04)

04O1806(28)           An Ordinance by Councilmember Clair Muller to amend Code Section 70-29 of the Code of Ordinances for the purpose of repealing the permit requirement for residential properties; and for other purposes.  (Held 10/12/04)

04O1923(29)           An Ordinance by Councilmember Ceasar C. Mitchell to amend the Code of Ordinances of the City of Atlanta, Georgia, Chapter 162, entitled “Vehicles For Hire”, by creating a new Section 162-44 which shall declare that it shall be unlawful for any agent or employee of any restaurant or of any hotel, motel or other similar lodging business, to direct patrons to certain unauthorized vehicles for hire or for any restaurant or any hotel, motel or other similar lodging business to knowingly permit or allow any ofits agents or employees to direct patrons to certain unauthorized vehicles for hire; to repeal conflicting Ordinances; and for other purposes.  (Held 10/26/04) (Work Session to be scheduled)

04O1924(30)           An Ordinance by Councilmember Ceasar C. Mitchell to amend Section 98-29 of the Code of Ordinances of the City of Atlanta, Georgia so as to provide that the Department of Police and the Bureau of Taxicabs and Vehicles for Hire shall be authorized to enforce Section 16-28.014(7) of the Zoning Code pertaining to the number of off-street, on-site taxicab stands required to be maintained by hotels and motels in the City; and for other purposes.  (Held 10/26/04) (Work Session to be scheduled)

04O2023(31)           An Ordinance by Councilmember Ceasar C. Mitchell to amend the Code of Ordinances of the City of Atlanta, Georgia, Chapter 162, entitled “Vehicles for Hire”, by creating a new Section 162-120 to be entitled “The Paratransit Taxi Program” (or “The Wheelchair Accessible Taxicab Pilot Program”); to establish the rules, regulations, requirements and vehicle specifications related to said program; to repeal conflicting ordinances; and for other purposes.  (Held 11/09/04) (Work Session to be scheduled)

MEMBERS PRESENT:  WILLIS, SMITH, SHOOK, SHEPERD, WINSLOW & NORWOOD

 

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