The Atlanta City Council held its Regularly Scheduled Meeting on Monday, August 16, 2004. The Meeting convened at 1:11 p.m. in the Council Chambers at City Hall. The roll was called and a quorum was declared.

PRESIDER: The Honorable Lisa M. Borders, Council President **(officially declared at 2:24p.m.) presided. The Honorable Ceasar C. Mitchell, Council President Pro-Tempore presided during a portion of the meeting.

The following (15) voting members were present at the Meeting:

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

REPORT OF THE JOURNAL: Mrs. Rhonda Dauphin Johnson, Municipal Clerk, certified to the Council and the Committee on Council, that the Action/Minutes of the July 19, 2004 Regular Meeting of the Atlanta City Council are true and correct. The Minutes were FILED without objection.

THE ADOPTION OF THE AGENDA: The Agenda for the August 16, 2004 meeting was ADOPTED by a roll call vote of 13 yeas; 0 nays.

04C1443 ( 1) A Communication by Councilmember Felicia A. Moore submitting written notification of her abstention from voting on legislation 04-O-1139/Z-04-55 due to a potential conflict of interest.

FILED WITHOUT OBJECTION

04C1444 ( 2) A Communication by City Attorney Linda K. DiSantis submitting a written opinion of the Law Department regarding a Scheduled Atlanta-Fulton County Water Resources Commission Public Hearing.

FILED WITHOUT OBJECTION

04C1445 ( 3) A Communication by Councilmember Ivory Lee Young, Jr. to Chief Operating Officer Lynnette Young, submitting concerns regarding the projects and services currently administered by the Department of Planning and Community Development.

FILED WITHOUT OBJECTION

04C1446 ( 4) A Communication by Mayor Shirley Franklin appointing Dr. Delores B. Stephens to serve as a member of the Atlanta Fulton County Library Board of Trustees for the City of Atlanta as the Mayor's designee. This appointment shall serve on the Board of Trustees ex officio.

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

04C1447 ( 5) A Communication by Mayor Shirley Franklin appointing Ozell C. Freeman, Jr. to serve as a member of the Zoning Review Board in the Legal Category for the City of Atlanta. This appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

REFERRED TO ZONING COMMITTEE AND COMMITTEE ON COUNCIL WITHOUT OBJECTION

04C1448 ( 6) A Communication by Mayor Shirley Franklin appointing Charles E. Taylor to serve as a member of the Civil Service Board for the City of Atlanta. This appointment is for a term of three (3) years, scheduled to begin on the date of Council confirmation.

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

04C1449 ( 7) A Communication by Mayor Shirley Franklin appointing Christopher Norman to serve as a member of the Fulton County/City of Atlanta Land Bank Authority for the City of Atlanta. This appointment is for a term of four (4) years, scheduled to begin on the date of Council confirmation.

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

04C1450 ( 8) A Communication by Mayor Shirley Franklin appointing Darlene Trigg to serve as a Taxicabs & Vehicles for Hire Hearing Officer for the City of Atlanta. This appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE AND COMMITTEE ON COUNCIL WITHOUT OBJECTION

04C1451 ( 9) A Communication by Mayor Shirley Franklin re-appointing Joe Hindsley to serve as a member of the Atlanta Workforce Development Board for the City of Atlanta. This appointment is for a term expiring May 31, 2006.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL WITHOUT OBJECTION

04C1452 (10) A Communication by Mayor Shirley Franklin re-appointing Stephanie Asbury to serve as a member of the Atlanta Workforce Development Board for the City of Atlanta. This appointment is for a term expiring May 31, 2006.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL WITHOUT OBJECTION

04C1453 (11) A Communication by Mayor Shirley Franklin re-appointing Charlie Flemming to serve as a member of the Atlanta Workforce Development Board for the City of Atlanta. This appointment is for a term expiring May 31, 2006.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL WITHOUT OBJECTION

04C1454 (12) A Communication by Mayor Shirley Franklin re-appointing Dave Streppa to serve as a member of the Atlanta Workforce Development Board for the City of Atlanta. This appointment is for a term expiring May 31, 2006.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL WITHOUT OBJECTION

04C1455 (13) A Communication by Mayor Shirley Franklin re-appointing John Gilman to serve as a member of the Atlanta Workforce Development Board for the City of Atlanta. This appointment is for a term expiring May 31, 2006.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL WITHOUT OBJECTION

04C1456 (14) A Communication by Mayor Shirley Franklin appointing Elizabeth Dixon to serve as a member of the Westside TAD Neighborhood Advisory Board in the Neighborhood Churches Category for the City of Atlanta. This appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL WITHOUT OBJECTION

04C1457 (15) A Communication by Mayor Shirley Franklin appointing Richie Bishop to serve as a member of the Perry-Bolton Neighborhood Advisory Board in the NPU-G Category for the City of Atlanta. This appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL WITHOUT OBJECTION

04C1458 (16) A Communication by Mayor Shirley Franklin appointing Cindy Dennis to serve as a member of the Perry-Bolton Neighborhood Advisory Board in the NPU-D Category for the City of Atlanta. This appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL WITHOUT OBJECTION

04C1459 (17) A Communication by Mayor Shirley Franklin appointing Greg Bianchi to serve as a member of the Perry-Bolton Neighborhood Advisory Board in the NPU-C Category for the City of Atlanta. This appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL WITHOUT OBJECTION

04C1460 (18) A Communication by David Houze, Administrative Analyst, Department of Procurement, submitting the July 2004 monthly status report to the Atlanta City Council and Clerk of Council pursuant to Section 2-1142 of the Atlanta City Code of Ordinances.

FILED WITHOUT OBJECTION

04C1461 (19) A Communication by Adam L. Smith, Chief Procurement Officer, submitting the June 2004 monthly status report to the Atlanta City Council and Clerk of Council pursuant to Section 2-1142 of the Atlanta City Code of Ordinances.

FILED WITHOUT OBJECTION

04C1462 (20) A Communication by Mayor Shirley Franklin appointing Councilmember Felicia A. Moore to serve as a member of the Perry-Bolton Neighborhood Advisory Board in the City Council Category for the City of Atlanta. This appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL WITHOUT OBJECTION

04C1463 (21) A Communication by the Metro Atlanta Chamber of Commerce to Municipal Clerk Rhonda Dauphin Johnson submitting their nominee of Mr. Joseph (Joe) Bankoff to serve on the City of Atlanta's Telecommunication Policy and Advisory Committee (TelePac).

FILED WITHOUT OBJECTION

04C1464 (22) A Communication by Municipal Clerk Rhonda Dauphin Johnson submitting the Certification of Returns and Election Summary Reports of the Special Run-Off Election for the City of Atlanta Council President held in Fulton & DeKalb Counties on August 10, 2004.

Municipal Clerk Rhonda Dauphin Johnson sounded the caption to the above item and noted the results of the August 10, 2004 Special Run-Off Election. Following, Councilmember Maddox made a Motion to accept and File the results. It was properly Seconded and the Motion CARRIED by a Show of Hands vote of 15 yeas; 0 nays.

04C1465 (23) A Communication by Municipal Clerk Rhonda Dauphin Johnson submitting the Certification of Returns and Election Summary Report of the Special Election for the City of Atlanta Council President, Council District 12 Seat and the One Percent Sales & Use Tax Referendum held in Fulton County on July 20, 2004; and the Summary Report for the City of Atlanta Council President and One Percent Sales & Use Tax Referendum held in DeKalb County on July 20, 2004.

Municipal Clerk Rhonda Dauphin Johnson sounded the caption to 04-C-1465 and noted the results of the July 20, 2004 Special Election. Following, Councilmember Maddox made a Motion to accept and File the results. It was properly Seconded and the Motion CARRIED by a unanimous Show of Hands vote of 15 yeas; 0 nays.

There was no separate discussion of the following items with the exception of items 04-R-1339 and 04-R-1391 which was removed from the Consent Agenda, and considered separately per Rules for the Conduct of Business of the Council of the City of Atlanta (As Amended), Rule XI; Order of Business, SECTION 11.2; Consent Agenda.

The following CONSENT AGENDA SECTION I received a Favorable Recommendation and was Adopted in accordance with Section 11.2 by the following roll call vote: 13 Yeas: Councilmembers Smith, Starnes, Young, Winslow, Archibong, Fauver, Shook, Muller, Moore, Maddox, Sheperd, Mitchell, and Norwood 0 Nays.

ORDINANCES FOR SECOND READING

04O1375 ( 1) An Ordinance by Finance/Executive Committee to amend Chapter 2, Article VI, Division 2 of the Code of Ordinances of the City of Atlanta by adding a new Code Section 2-351, to be entitled "Authorization to Issue Commercial Paper Notes"; to provide the parameters of a Commercial Paper Program; to repeal conflicting ordinances; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

CITY UTILITIES COMMITTEE

CLAIR MULLER, VICE-CHAIR

04O1206 ( 2) A Substitute Ordinance by City Utilities Committee to amend the City of Atlanta Code of Ordinances Chapter 74, Article II "Land Disturbing Activities" (Secs. 74-36 through 74-75) so as to achieve consistency with the Erosion and Sedimentation Act of 1975, as amended, as found in Chapter 7 of Title 12 of the Official Code of Georgia; and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

SECTION I (CONT'D)

ORDINANCES FOR SECOND READING (CONT'D)

CITY UTILITIES COMMITTEE (CONT'D)

CLAIR MULLER, VICE-CHAIR

04O1209 ( 3) An Ordinance by City Utilities Committee authorizing and directing the Department of Finance to create a Trust Fund Account for all funds generated from the payment of National Pollutant Discharge Elimination System Fees; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04O1354 ( 4) An Ordinance by Councilmember Howard Shook amending the 2004 (1997 Water and Wastewater Bond Fund) Budget in the amount of $3,449,400.00 for a Water Quality and Water Quantity Long-Term Monitoring Program to install Water Monitoring Network; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04O1357 ( 5) An Ordinance by Councilmember Natalyn Mosby Archibong 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-03-67(2108 Wisteria Way) applicant deposit a dollar amount ($2,320.00) equal to the value of the required sidewalk construction into a designated trust fund account for District 5; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04O1366 ( 6) An Ordinance by Councilmember Jim Maddox 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-03-61(1714 Dodson Drive) applicant deposit a dollar amount ($5,820.00) equal to the value of the required sidewalk construction into a designated trust fund account for District 11; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

SECTION I (CONT'D)

ORDINANCES FOR SECOND READING (CONT'D)

04O0437 ( 7) An Ordinance by Councilmember Ceasar C. Mitchell to amend Chapter 1, Article B. Section 8-2095 of the Commercial, Institutional and Industrial Building Maintenance Code so as to provide safe and sanitary conditions in all commercial establishments within the City of Atlanta; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04O1350 ( 8) An Ordinance by Councilmember H. Lamar Willis as Substituted by Community Development/Human Resources Committee amending the Code of Ordinances of the City of Atlanta by amending the definition of "Outdoor Festival" to make it easier to understand, and by establishing penalties for violation of the Atlanta Outdoor Festivals Ordinance; and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04O1351 ( 9) An Ordinance by Councilmember Cleta Winslow as substituted by Community Development/Human Resources Committee authorizing the sale of a remnant of land known as Parcel 18, Area 3 of the Model Cities Urban Redevelopment Area to the abutting property owner, M & A Homes, LLC; authorizing the Mayor to execute a Quitclaim Deed to M & A Homes, LLC; and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

SECTION I (CONT'D)

ORDINANCES FOR SECOND READING (CONT'D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

C. T. MARTIN, VICE-CHAIR

04O1368 (10) An Ordinance by Councilmembers Jim Maddox, Mary Norwood, Ivory Lee Young, Clair Muller, Carla Smith, Anne Fauver, H. Lamar Willis, Debi Starnes, Natalyn Archibong, Cleta Winslow, Howard Shook and Ceasar C. Mitchell as Amended by Public Safety and Legal Administration Committee to impose a six (6) month moratorium on the Acceptance of Private Property Vending Applications and the Issuance of Private Property Vending Permits for new Vending Locations; and for other purposes.

ADOPTED AS AMENDED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04O1247 (11) An Ordinance by Councilmember C. T. Martin authorizing the Mayor or her designee to make a segment of Stamford Road, SW within the City of Atlanta "No Parking Anytime" on both sides.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04O1221 (12) An Ordinance by Transportation Committee amending the Atlanta City Code, replacing the name of "Hartsfield Atlanta International Airport with the Council adopted and Mayor approved name "Hartsfield-Jackson Atlanta International Airport"; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

SECTION I (CONT'D)

04R1372 ( 1) A Resolution by Councilmember Debi Starnes authorizing the City Attorney to execute a Retainer Agreement with the Law Firms of Kutak Rock, LLP and George Howell & Associates to serve as co-counsel to the City of Atlanta in connection with the issuance of the Westside Tax Allocation District Bonds; to authorize the Chief Financial Officer to pay fees, not to exceed the sum of $50,000.00, and costs for legal services rendered pursuant to said agreement. To rescind conflicting resolutions; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04R1273 ( 2) A Resolution by Councilmember Ceasar C. Mitchell to appoint Mr. Fred Williams to the City of Atlanta Audit Committee; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04R1388 ( 3) An Amended Resolution by Finance/Executive Committee authorizing the City Attorney to execute a Retainer Agreement with the Law Firms of Alston & Bird, LLP and Neighbors, Lett & Johnson, LLC to serve as Bond and Disclosure Counsel to the City of Atlanta in connection with the issuance of certain General Obligation Bonds for the years 2004 and 2005, with an option to renew for an additional two year term; to authorize the Chief Financial Officer to pay fees and expenses for legal services rendered pursuant to said retainer agreement; and for other purposes.

ADOPTED AS AMENDED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

SECTION I (CONT'D)

04R1391 ( 4) An Amended Resolution by Finance/Executive Committee authorizing the Mayor to enter into an appropriate contractual agreement with Merrill Lynch, Jackson Securities and SunTrust Capital Markets, Inc., as Co-Senior Managers to underwrite 2004 Airport Passenger Facility Charge and General Airport Revenue Bonds in an approximate amount of $800,000.00; and for other purposes.

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

04R1402 ( 5) An Amended Resolution by Finance/Executive Committee to authorize the Mayor to apply for and accept one or more loans from the Georgia Environmental Facilities Authority ("GETA") for the purpose for funding certain wastewater and drinking water capital improvements in an amount not to exceed $50,000,000.00; authorizing the Mayor, Chief Financial Officer and City Attorney to execute all documents necessary to enter into said loan agreements; authorizing the Mayor to execute an electronic debit transaction authorization with the Georgia Environmental Facilities Authority to facilitate repayment of said loans; and for other purposes.

ADOPTED AS AMENDED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

SECTION I (CONT'D)

04R1403 ( 6) A Resolution by Finance/Executive Committee authorizing the Mayor or designee to enter into an appropriate contractual agreement with ABB, Inc., for FC-6004007814 for the operation, maintenance and training services for the Hemphill Electric Pumping Station on behalf of the Department of Watershed Management in an amount not to exceed $186,000.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: 2J21 574001 Q65101 (Water and Wastewater Renewal and Extension Fund).

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04R1404 ( 7) A Resolution by Finance/Executive Committee authorizing the Mayor or designee to approve and accept a change in the Joint Venture Formation of Atlanta Infrastructure Managers, ("AIM").

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

CITY UTILITIES COMMITTEE

CLAIR MULLER, VICE-CHAIR

04R1304 ( 8) A Substitute Resolution by City Utilities Committee authorizing the Mayor to execute the Sixth Amendment to the Technical Assistance Agreement regarding water supply between the Atlanta Regional Commission (ARC) and the City of Atlanta, Cobb County-Marietta Water Authority, DeKalb County and the Atlanta-Fulton County Water Resources Commission (AFCWRC); to provide for payments pursuant to the agreement for and on behalf of the City in the amount of $100,000.00 and for and on behalf of AFCWRC in the amount of $50,000.00 in order to fund work in furtherance of regional technical efforts related to water supply. All cost shall be charged to and paid from the Fund, Account and Center Numbers: 2J01 524001 Q11101 and 2J01 524001 69001; and for other purposes.

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

SECTION I (CONT'D)

CITY UTILITIES COMMITTEE (CONT'D)

CLAIR MULLER, VICE-CHAIR

04R1392 ( 9) A Resolution by City Utilities Committee authorizing the Mayor or designee to enter into an appropriate contractual agreement with Player and Company, Inc., for FC-7658-04, Replacement of Electrical, Instrumentation and Control Systems at Northside and Adamsville Pump Stations, for a guaranteed maximum amount of $2,418,020.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: 2J27 573001 Q67J05049999

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04R1393 (10) A Resolution by City Utilities Committee authorizing the Mayor or designee to issue a Notice to Proceed with ATC/C.E.R.M., Inc., for FC-7449-02A, Citywide Annual Contract for Geotechnical and Environmental Engineering, Testing and Investigation Services to provide Phase I Environmental Site Assessment for the Sonoco Bolton Road Plant Facility, on behalf of the Department of Watershed Management in an amount not to exceed $31,295.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: 2J25 524001 Q32I20169999 (1997 Water and Wastewater Bond Fund).

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04R1394 (11) A Resolution by City Utilities Committee authorizing the Mayor or designee to enter into Amendment Agreement No. 1 with Kissberg Construction, Inc., for FC-7573-03A, Annual Contract for Sidewalks, Driveways and Curbs to amend the base year of the agreement from one (1) year to two (2) years.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

SECTION I (CONT'D)

CITY UTILITIES COMMITTEE (CONT'D)

CLAIR MULLER, VICE-CHAIR

04R1395 (12) A Resolution by City Utilities Committee authorizing the Mayor or designee to enter into Amendment Agreement No. 1 with Nile Construction, Inc., for FC-7573-03B, Annual Contract for Sidewalks, Driveways and Curbs to amend the base year of the agreement from one (1) year to two (2) years.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04R1396 (13) A Resolution by City Utilities Committee authorizing the Mayor or designee to enter into Amendment Agreement No. 3 with Precision 2000, Inc., for FC-7573-03C, Annual Contract for Sidewalks, Driveways and Curbs to amend the base year of the agreement from one (1) year to two (2) years.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04R1397 (14) A Resolution by City Utilities Committee authorizing the Mayor or designee to enter into an appropriate contractual agreement with Water Management Services (WMS) for the FC-7697-04, Annual Contract for Testing and Analysis of Large Water Meters on behalf of the Department of Watershed Management in an amount not to exceed $599,210.00. All contracted work shall be charged to and paid from Various Fund, Account and Center Numbers (Water and Wastewater Bond Fund).

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04R1398 (15) A Resolution by City Utilities Committee authorizing the Mayor or designee to enter into Renewal Agreement No. 1 with Utiliquest, LLC, for FC-7673-04, Annual Contract for Underground Facility Locating Services on behalf of the Department of Watershed Management in an amount not to exceed $631,038.51. All contracted work shall be charged to and paid from Fund, Account and Center Number: 2J01 523001 Q67101 (Water and Wastewater Revenue Fund).

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

SECTION I (CONT'D)

04R1355 ( 16) A Resolution by Councilmember Natalyn Archibong as Amended by Community Development/Human Resources Committee authorizing the Mayor to accept the "Cabbagetown Park Master Plan" prepared by ECOS Environmental Design, Inc., on behalf of the Department of Parks, Recreation and Cultural Affairs; and for other purposes.

ADOPTED AS AMENDED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04R1356 (17) A Resolution by Councilmember Natalyn Archibong authorizing the Mayor or her designee to enter into an agreement to accept the donation of improvements to Bessie Branham Park from Kirkwood Neighbors Organization; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04R1373 (18) A Resolution by Councilmember Debi Starnes as Amended by Community Development/Human Resources Committee authorizing the Mayor to revise the lease agreement between the City of Atlanta and the Municipal Market Company so as to re-structure and provide for appointment of members of the Board of Directors of the Municipal Market Company; and for other purposes.

ADOPTED AS AMENDED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

C. T. MARTIN, VICE-CHAIR

04R1308 (19) A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to accept a donation of equipment from the Atlanta Police Foundation to the Atlanta Police Department for use in the course of daily operations; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

SECTION I (CONT'D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT'D)

C. T. MARTIN, VICE-CHAIR

04R1309 (20) A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor or her designee to accept, on behalf of the Atlanta Fire Department, $499,244.78 in equipment from the United States Department of Homeland Security (HS) Office of Domestic Preparedness (ODP) Equipment Procurement Grant Programs to improve response to weapons of mass destruction incidents.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04R1310 (21) A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor or her designee to accept, on behalf of the Atlanta Fire Department, $51,116.00 in equipment from the United States Department of Homeland Security (HS) Office of Domestic Preparedness (ODP) Equipment Procurement Grant Programs to improve response to weapons of mass destruction incidents.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04R1311 (22) A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor or her designee to accept, on behalf of the Atlanta Fire Department, a Search and Rescue Truck valued at $315,000.00, a tractor trailer for storage and transport of equipment and supplies valued at $50,000.00 and equipment valued up to $700,000.00 from the United States Department of Homeland Security (HS) Office of Domestic Preparedness (ODP) Equipment Procurement Grant Programs managed by the Georgia Emergency Management Agency (GEMA). The vehicle and equipment are part of the Georgia Search and Rescue (GSAR) Initiative designed to improve response to Homeland Security and Weapons of Mass Destruction Incidents.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

SECTION I (CONT'D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT'D)

C. T. MARTIN, VICE-CHAIR

04R1349 (23) A Resolution by Public Safety and Legal Administration Committee authorizing the settlement of the claim of Eddie Duncan, through his attorney, Carold D. Williams, in the amount of $6,755.00 against the City of Atlanta, said payment is to be charged to and paid from Fund 1A01 (General Fund) Account 529017 (Property Liquidation) and Center Number T31001 (Non-Departmental).

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

O4R1367 (24) A Resolution by Councilmembers Jim Maddox, Mary Norwood, Ivory Lee Young, Jr., Clair Muller, Carla Smith, Anne Fauver, H. Lamar Willis, Debi Starnes, Natalyn Archibong, Cleta Winslow, Howard Shook, Felicia A. Moore and Ceasar C. Mitchell establishing a Private Property Vending Policy and Advisory Committee for the purpose of reviewing City Policy with respect to vending on private property and to make recommendations to the Mayor and City Council as to ways to improve the City's Private Property Vending Program; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04R1370 (25) A Resolution by Councilmember Carla Smith authorizing the Mayor to apply for and accept funding from the U. S. Environmental Protection Agency in the amount of $16,000.00 for assistance in developing Green Building Standards; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

SECTION I (CONT'D)

04R1312 (26) A Resolution by Transportation Committee authorizing the Mayor or her designee to execute an Amendment No. 3 to Lease Agreement FC-6040-94 with Host/NCM JV to add 3,002 square feet of boarding level space at Gate C24 and C15 of Concourse C, in the Central Passenger Terminal Complex at Hartsfield-Jackson Atlanta International Airport; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04R1313 (27) A Resolution by Transportation Committee authorizing the Mayor or her designee to execute an Amendment No. 5 to Lease Agreement FC-6033-94 with Concessions Paschals, JV to add approximately 2,952 square feet of space in the Atrium and on Concourse C in the Central Passenger Terminal Complex at Hartsfield-Jackson Atlanta International Airport; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04R1315 (28) A Resolution by Transportation Committee authorizing the Mayor to execute an appropriate contractual agreement with Louis Berger Group, Inc., for FC-7627-03, Cargo Master Plan on behalf of the Department of Aviation to be paid in an amount not to exceed $160,239.00; all contracted work shall be charged to and paid from Fund, Account and Center Number: 2H01 524001 R51008 (Airport Revenue Fund).

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

SECTION I (CONT'D)

04R1316 (29) A Substitute Resolution by Transportation Committee authorizing the Mayor to execute an appropriate contractual agreement with SITA, for FC-7582-03, Contract Management for the Department of Aviation's WIFI Network on behalf of the Department of Aviation to be paid in an amount not to exceed $5,900,000.00; all contracted work shall be charged to and paid from Fund, Account and Center Number: 2H21 574001 R21E01219999 (Airport Renewal & Extension Fund).

ADOPTED SUBSTITUTE ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04R1317 (30) A Resolution by Transportation Committee authorizing the Mayor or her designee to enter into a Consolidation Agreement with Plantation Pipeline Company for the purposes of consolidating numerous previous agreements and authorizing the relocation of a portion for the petroleum products pipeline currently servicing Hartsfield-Jackson Atlanta International Airport; and further authorizing the Mayor to enter into a Preliminary Access and Pipeline Right of Entry Agreement to allow prompt commencement of the construction of the relocation pipeline; and for other purposes.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04R1400 (31) A Resolution by Transportation Committee authorizing the Mayor or designee to issue a Notice to Proceed with ATC/C.E.R.M., Inc., for FC-7449-02A, Citywide Annual Contract for Geotechnical and Environmental Engineering, Testing and Investigation Services to provide Geotechnical Services for the 100% Automated Hold Bag Screening Projects, on behalf of the Department of Aviation in an amount not to exceed $500,000.00. All contracted work shall be charged to and paid from Various Fund, Account and Center Numbers.

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

SECTION I (CONT'D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

C. T. MARTIN, VICE-CHAIR

04R1320 ( 1) Claim of David Rainey, for damages alleged to have been sustained as a result of vehicular damage due to a collapsed sewer on October 10, 1999 at 1265 Tuckawanna Drive, SW. $2,777.20

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04R1321 ( 2) Claim of Sean T. Casey, for damages alleged to have been sustained to a retaining wall when improper footing was placed underneath it during the replacement of a sidewalk on August 22, 2003 at 119 Howard Street, NE. 4,389.00

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04R1322 ( 3) Claim of Winfred Almond, for damages alleged to have been sustained as a result of a vehicular accident on April 9, 2004 at Boulevard, NE and Morgan Street, NE. $930.31

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04R1323 ( 4) Claim of Scott and Judy Crothers, for damages alleged to have been sustained as a result of a vehicular accident on February 19, 2004 at Williams Street, NW and West Peachtree Place, NW. $10,923.13

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04R1324 ( 5) Claim of Charlotte D. Cain, for damages alleged to have been sustained when a vehicle spun out of control due to road defects and struck a fixed object on February 20, 2004 at 2091 Cascade Road, SW. $721.00

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

SECTION I (CONT'D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT'D)

C. T. MARTIN, VICE-CHAIR

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04R1326 (7) Claim of Wanamaker Associates, for damages alleged to have been sustained as a result of driving over a construction site that was left in an unsafe manner on May 2, 2004 at West Paces Ferry Road and Northside Drive. $753.60

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04R1327 ( 8) Claim of Marc Goldberg, for damages alleged to have been sustained as a result of driving over a construction site that was left in an unsafe manner on April 29, 2004 at West Paces Ferry Road and Northside Drive. $2,420.48

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04R1328 ( 9) Claim of Louise B. Hanlon, for damages alleged to have been sustained after driving over a construction site that was left open and in an unsafe manner on May 2, 2004 at West Paces Ferry Road and Northside Drive. $302.94

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04R1329 (10) Claim of Mark D. Kaufman, for damages alleged to have been sustained as a result of driving over a construction site that was left in an unsafe manner on April 20, 2004 at West Paces Ferry Road and Northside Drive. $135.26

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

SECTION I (CONT'D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT'D)

C. T. MARTIN, VICE-CHAIR

04R1330 (11) Claim of Mattie Hutchinson, through her attorney, Todd M. Walkoff, for damages alleged to have been sustained as a result of an automobile accident on November 8, 2003 at 3 Joseph E. Lowery Boulevard, NW. $6,397.89

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04R1331 (12) Claim of Marvin Barber, for damages alleged to have been sustained as a result of striking an open construction cut on December 23, 2003 at 6260 Roswell Road. $2,568.50

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04R1332 (13) Claim of Brian Moir, for damages alleged to have been sustained as a result of an automobile accident on February 9, 2004 at Camp Creek Parkway and Enon Road. $2,228.64

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04R1333 (14) Claim of Sherri R. Fletcher and Cortez Goodwin, for damages alleged to have been sustained as a result of striking a recessed sewer manhole on March 16, 2004 at 2396 Fairburn Road. $574.91

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04R1334 (15) Claim of Garrett N. Clum, for damages alleged to have been sustained due to driving over an unsecured metal plate on May 4, 2004 at Spring and Peachtree Streets. $869.12

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

SECTION I (CONT'D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT'D)

C. T. MARTIN, VICE-CHAIR

04R1335 (16) Claim of Alan Joel, for damages alleged to have been sustained as a result when landscaping was improperly restored during a sanitary sewer line rehabilitation project from September, 2003 through February, 2004 at 60 Muscogee Avenue, NE. $637.00

ADOPTED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04R1336 (17) Claim of Curtis Cafiso, c/o Carmie McCook, for damages alleged to have been sustained when a hot water heater was filled with mud and sand as a result of the installation of a sewer clean-out valve on July 10, 2002 at 1117 Virginia Avenue, NE.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04R1337 (18) Claim of The Estate of Relius Brittain, through its attorney, Gary M. Shapiro, for damages alleged to have been sustained as a result of the death of Relius Brittain on February 22, 2004 at Bowen Homes, 2852 Yates Drive, Apartment 42.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04R1338 (19) Claim of Lofts @ the Park II, through its attorney, David J. Marmins, for damages alleged to have been sustained as a result of a sewer overflow on June 21 & 28, 2004 at 1058 Piedmont Avenue, NE.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

SECTION I (CONT'D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT'D)

C. T. MARTIN, VICE-CHAIR

04R1339 (20) 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.

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

04R1340 (21) Claim of Susan Conley, through her attorney, David C. Femminineo, for damages alleged to have been sustained as a result of personal injuries due to denial of handicap access on July 11, 2003 at Hartsfield-Jackson International Airport.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04R1341 (22) Claim of Stephen Gallivan, for damages alleged to have been sustained as a result of a vehicular accident on July 11, 2003 at Interstate 75/85 and Memorial Drive.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04R1342 (23) Claim of Bonnie A. Buol, for damages alleged to have been sustained as a result of personal injuries due to a fall on a manhole cover on August 17, 2003 at Alta and Euclid Avenues, NE.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04R1343 (24) Claim of Able Real Estate Investments, Inc., through its attorney, Leon Van Gelderen, for damages alleged to have been sustained as a result of sewer overflows in September, 2002, May and June, 2003 at 396 Sunset Avenue.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

SECTION I (CONT'D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT'D)

C. T. MARTIN, VICE-CHAIR

04R1344 (25) Claim of Donna Holt, for damages alleged to have been sustained from a sewer backup on February 20, 2004 at 3318 Hazelwood Drive, SW.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04R1345 (26) Claim of Martha Hastings, for damages alleged to have been sustained as a result of striking a catch basin on July 18, 2003 on Peachtree Road.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04R1346 (27) Claim of Gary W. Rice, for damages alleged to have been sustained as a result of striking an open construction cut on December 29, 2003 on Marietta Street.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04R1347 (28) Claim of O'neal Harris, Jr., for damages alleged to have been sustained as a result of a sewer backup on May 26, 2004 at 3080 Delma Lane, NW.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04R1348 (29) Claim of Hadiyah Hasan, for damages alleged to have been sustained as a result of striking a catch basin on May 29, 2004 at Martin and Crumley Streets.

ADVERSED ON CONSENT BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

04O1318 ( 1) An Ordinance by Transportation Committee authorizing an amendment to the March 16, 2000 Intergovernmental Agreement between the City of College Park, Georgia and the City of Atlanta; and for other purposes.

04O1319 ( 2) An Ordinance by Transportation Committee amending the 2004 (Airport Passenger Facility Charge Fund) Budget by transferring to and from appropriations a total amount of $2,000,000.00 to provide adequate funding for the easements and relocations required for the Consolidated Rental Cart Facility (CONRAC) access roadway at the Hartsfield-Jackson Atlanta International Airport; and for other purposes.

Attendance at the July 28, 2004 meeting of the Zoning Committee was as follows:

Present: Councilmembers Young (Chair), Archibong, Mosley, Moore, Fauver and Norwood

Absent: Councilmember Smith

04O0623 ( 1) An Ordinance by Zoning Committee to rezone from the C-

Z-04-25 1-C (Community Business-Conditional) District to the R-4B (Single-Family Residential) District, property located at Park Place, N.E., fronting approximately 343.43 feet on the Southwesterly side of Park Place beginning at the Southwest corner of College Avenue. Depth: varies; Area: 20,827 square feet; Land Lot 212, 15^th District, DeKalb County, Georgia. Owner: Margery M. Jennison; Applicant: Allan Hoss; NPU-O Council District 5.

ADOPTED BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

04O0759 ( 2) An Ordinance by Councilmembers Cleta Winslow and

Z-04-45/Z-93-38 Ivory Lee Young, Jr. to amend Ordinance Z-93-38, adopted by City Council December 20, 1993 and approved by the Mayor December 27, 1993, rezoning from the I-1 (Light Industrial) District to the C-5-C (Central Business Support-Conditional) District, property located at Northside Drive/Nelson Street/Haynes Street/Peters Street/McDaniel Street, S.W. (Castleberry Hill) for the purpose of approving a change of conditions. NPU-M Council District 4.

04O1134 ( 3) An Ordinance by Zoning Committee to rezone from the R-

Z-04-48 4A (Single-Family Residential) District to the PD-H (Planned Development-Housing) District, property located at 2289-2311-2315 Paul Avenue, N.W., fronting approximately 212.59 feet on the Northeasterly side of Paul Avenue beginning at the Northeast corner of Thomas Road. Depth: varies; Area: 5.52 acres; Land Lot 253, 17^th District, Fulton County, Georgia. Owner: Colquitt Construction, Inc.; Applicant: James R. Bailey; NPU-D Council District 9.

04O0798 ( 4) An Ordinance by Zoning Committee to amend Section 16-

Z-04-50 10.004 of the City of Atlanta Zoning Code so as to allow banking as an accessory use in the O-I Zoning District; and for other purposes.

04O1136 ( 5) An Ordinance by Zoning Committee to rezone from the R-

Z-04-52 4 (Single-Family Residential) District to the PD-MU (Planned Development-Mixed Use) District, property located at Brenda Drive, S.W., fronting 415.78 feet on the South side of Brenda Drive beginning 50 feet East from the Southeast corner of Fairburn Road. Depth: 1444.43 feet; Area: 13.5303 acres; Land Lot 36, 14thFF District, Fulton County, Georgia. Owner: Princeton Lakes, LLC; Applicant: James R. Bailey; NPU-P Council District 11.

04O1141 ( 6) An Ordinance by Zoning Committee to rezone from the I-1

Z-04-57 (Light Industrial) District to the PD-H (Planned Development-Housing) District, property located at 2001 Marietta Road, N.W., fronting 726.58 feet on the Northerly side of Marietta Road beginning at the intersection of the Northerly Right-of-Way of Marietta Road with the Southeasterly Right-of-Way of the Atlanta Water Works Railroad. Depth: varies; Area: 13.253 acres; Land Lot 229, 17^th District, Fulton County, Georgia. Owner: Marietta Street Investments, LLC; Applicant: Brock Built, LLC; By: Robert L. Zoeckler, Attny; NPU-D Council District 9.

04O1139 ( 7) An Ordinance by Zoning Committee to rezone from the R-

Z-04-55 4 (Single-Family Residential) District to the RG-3 (Residential General Sector 3) District, property located at 302-306 Laurel Avenue, S.W., fronting 138.67 feet on the East side of Laurel Avenue beginning at the Southeast corner of Westview Drive; Depth: varies; Area: 0.8681 acre; Land Lot 149, 14^th District, Fulton County, Georgia. Owner: Steven M. Boyd; Applicant: same; NPU-T Council District 4.

Note: Councilmember Moore stated as well as served notice in writing of her abstention to 04-O-1139 due to a potential conflict of interest.

03O1995 ( 8) A Substitute Ordinance by Zoning Committee to rezone

Z-03-76 from the R-5/HD20L (Two-Family Residential/Inman Park Historic) District to the PD-H/HD20L (Planned Development-Housing Inman Park Historic) District, property located at the rear of 1124 DeKalb Avenue, N.E. fronting 50 feet on the Southwesterly side of Haralson Avenue beginning 190 feet Northwesterly from the Northwest corner of DeKalb Avenue. Depth: varies; Area: 1.51 acres; Land Lot 14, 14^th District, Fulton County, Georgia. Owner: Gene Fink; Applicant: Cooper C. Pierce; NPU-N Council District 2.

04O0179 ( 9) A Substitute Ordinance by Councilmembers Ivory Lee

Z-04-24 Young, Jr., Cleta Winslow, Carla Smith and Natalyn Archibong to amend various sections of the Zoning Code of the City of Atlanta, for the purpose of clarifying and/or redefining certain terms in Section 16-29.001(16) "Human Services" and including Personal Care Homes, Rehabilitation Centers, Nursing Homes and to add a definition for Assisted Living Facilities; to provide how permit applications for such uses are to be processed; to regulate the parking required for such uses; to amend various sections of the Zoning Code to specify where and how such uses may be permitted; and for other purposes.

04O0464 (10) A Substitute Ordinance by Zoning Committee to amend

Z-04-29 the 1982 Zoning Ordinance of the City of Atlanta by re-designating existing Zoning Districts I1, I2, C1, C2, C3, R4, R4A, R5 and RG3 with Districts C1, MRC-1, MRC-2, MR-2, MR-3, MR4-B and O-I; and for other purposes.

04O0797 (11) A Substitute Ordinance by Zoning Committee to amend

Z-04-49 Section 16-28.023 of the City of Atlanta Zoning Code concerning the transfer of development rights; and for other purposes.

04O1133 (12) An Amended Ordinance by Zoning Committee to rezone

Z-04-47 from the SPI-11 (Ashby Station Special Public Interest) District to the PD-H (Planned Development-Housing), District, property located at 1094 Mayson Turner Road, N. W., fronting 279.18 feet on the Southerly side of Mayson Turner Road beginning at the Southeast intersection with the MARTA Right-of-Way. Depth: 621.56 feet; Area: 3.1696 acres; Land Lot 115, 14^th District, Fulton County, Georgia. Owner: JLW Development Company; Applicant: James R. Bailey; NPU-K Council District 3.

04O1140 (13) An Ordinance by Zoning Committee to rezone from the R-

Z-04-56 4 (Single-Family Residential) District to the R-4A (Single-Family Residential) and R-4B (Single-Family Residential) Districts, property located at 799-811 Drewry Street, N.E., fronting 144.76 feet on the Southside of Drewry Street beginning 717.4 feet East from the Southeast corner of Ponce De Leon Place. Depth: 170.0 feet; Area: 0.52 acre; Land Lot 17, 14^th District, Fulton County, Georgia. Owner: Drewry Street Properties, LLC Et. Al.; Applicant: Drewry Street Properties; By: Jon A. Gottlieb, Attny; NPU-F Council District 6.

ADVERSED BY A UNANIMOUS ROLL CALL VOTE OF 15 YEAS; 0 NAYS

04O1142 (14) An Ordinance by Zoning Committee to rezone from the R-

Z-04-58 3 (Single-Family Residential) District to the R-3A (Single-Family Residential) District, property located at 4500 Stella Drive, N.W., fronting 167 feet on the Westerly side of Stella Drive beginning approximately 550 feet Northwesterly from the Northwest corner of Powers Ferry Road. Property also fronts 87.52 feet on the East side of Powers Ferry Road. Depth: 289.73 feet; Area: 0.6 acre; Land Lot 118, 17^th District, Fulton County, Georgia. Owner: Phillip R. Sain; Applicant: same; NPU-A Council District 8.

04O0069 (15) An Ordinance by Zoning Committee to rezone from the

Z-03-84 RG-2 (Residential General-Sector 2) District to the C-1 (Community Business) District, property located at 846-850-854 Hank Aaron Drive, S.E./21 Ormond Street, S.E., fronting 143.58 feet on the East side of Hank Aaron Drive beginning at the Southeast corner of Ormond Street Depth: 200 feet; Area: 28,688 square feet; Land Lot 54, 14^th District, Fulton County, Georgia. Owner: Hoa T. Le; Applicant: Rick S. Sexton; NPU-V Council District 1.

04O1131 (16) An Ordinance by Zoning Committee to rezone from the R-

Z-04-43 3 (Single-Family Residential) District to the PD-H (Planned Development-Housing) District, property located at 3105 Cascade Road, S.W., fronting approximately 677.48 feet on the Northside of Cascade Road beginning at the Northwest corner of Lynhurst Drive. Depth: approximately 1047.7 feet; Area: 15.57 acres; Land Lot 233, 14^th District, Fulton County, Georgia. Owner: Cascade United Methodist Church, Inc.; Applicant: John Wieland Homes and Neighborhoods, Inc.; By: Michael W. Tyler, Esq.; NPU-I Council District 10.

04O0888 (17) An Ordinance by Community Development/Human

NPU-X Council District 12

04O0269 (18) An Ordinance by Zoning Committee to rezone from the

Z-04-06 I-2 (Heavy Industrial) District to the MR-4A (Multi-Family Residential-Sub District 4A) District, Property located at 1358-1374-1378 Murphy Avenue, SW/1080-1090 Dill Avenue, SW, fronting 359.46 feet on the southeasterly side

of Murphy Avenue beginning at the northeast corner of Arden Avenue.

Depth: 386.56 Feet

Area: 3.073 Acres

Land Lot: 120, 14^th District, Fulton County, Georgia

Owner: Victor Warren for Olivia's Investments

Applicant: William L. Stephenson

NPU-X Council District 12

NPU-N Council District 5

03O2242 (20) A Substitute Ordinance by Zoning Committee to rezone

Z-03-80 from the I-1 (Light Industrial) District to the C-1-C (Community Business-Conditional) District, property located at 835 Wylie Street, SE, fronting 322.8 feet on the south side of Wylie Street beginning 103 feet west from the southwest corner of Chester Avenue. Property also fronts 184.17 feet on the north side of Field Street.

Depth: Varies

Area: 1.61 Acres

Land Lot: 20, 14^th District, Fulton County, Georgia

Owner: Selig Enterprises, Inc.

Applicant: Randy E. Pimsler

NPU-O Council District 5

04O1130 (21) An Amended Ordinance by Zoning Committee to grant a

MRPA-04-02 Certificate under the provisions of the Metropolitan River Protection Act for the construction of three CSO Shafts, located at 2440 Bolton Road, NW, 13 acres in Land Lot 231, 17^th District, Fulton County, Georgia.

Owner: City of Atlanta

Applicant: Jordan, Jones & Goulding, Inc.

NPU'S-C&D Council District 9

04O1376 (22) An Ordinance by Councilmember Mary Norwood establishing a Moratorium on the acceptance of permits for the replatting or subdivisions of lots in the in Land Lots 116, 117, 118, 138 and 139 of the 17^th District, Fulton County ; and for other purposes.

The caption to 04-O-1376 was sounded by Chairperson Young. Following, Councilmember Martin was recognized and made a Motion to bring forth a Substitute. It was properly Seconded and a brief discussion ensued followed by a roll call vote of 14 yeas; 0 nays. The Substitute was before the Council. Councilmember Martin then made a Motion to Adopt on Substitute. It was Seconded by Councilmember Norwood and the Motion CARRIED by a roll call vote of 14 yeas; 0 nays.

04R1377 ( 1) A Resolution by Councilmembers Mary Norwood, Jim Maddox, Ivory Lee Young, Jr., Natalyn Archibong, H. Lamar Willis, C. T. Martin, Anne Fauver and Ceasar C. Mitchell requesting that the Mayor and the Department of Planning and Community Development begin preparations to revise Part 16 of the Code of the City of Atlanta (Zoning) and allocate the sum of $100,000.00 as a Line Item in the 2005 Budget for purpose of hiring consultants to advise and assist in the revision; and for other purposes.

04O1390 ( 1) An Ordinance by Zoning Committee to Grant a Certificate

Owner: Jim Braden

Applicant: Jim Braden

NPU's -D&G Council District 9

Attendance at the July 28, 2004 meeting of the Finance/Executive Committee was as follows:

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

Absent: Councilmember Shook

04-TR-1401 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 the City of Atlanta.

04O1213 ( 1) An Amended Ordinance by Finance/Executive Committee to amend Sections 2-239 and 2-243 of the Code of Ordinances to redefine the Bureau of Housing and Code Compliance; and for other purposes.

04O1362 ( 2) An Ordinance by Councilmember Clair Muller to waive the fees associated with the transfer of abandoned property for 415 Golfview Road; to accept the payment of excess taxes as the Fair Market Value of the property; and for other purposes.

04O1371 ( 3) A Series 2004 Bond Ordinance by Councilmember Debi Starnes, to ratify, reaffirm, supplement and amend that certain Master Bond Ordinance adopted on March 31, 1999, as supplemented and amended by that certain First Supplemental Bond Ordinance adopted on March 5, 2001 and that certain Series 2001 Bond Ordinance adopted on December 5, 2001; to provide for the issuance by the City of Atlanta of its Water and Wastewater Revenue Bonds, Series 2004, for the purpose of financing the costs of making additions, extensions, and improvement to its water and sewer system; to provide terms, provisions, and conditions for the issuance of its Water and Wastewater Revenue Bonds, Series 2004; and for other related purposes.

04R1307 ( 1) A Resolution by Finance/Executive Committee authorizing the Mayor or her designee to enter into an appropriate contractual agreement with Johnson Controls, Inc., for FC-7657-04, Service, Repair and Maintenance to heating, ventilation and air conditioning (HVAC) systems on behalf of the Office of General Services. All contracted work shall be charged to and paid from various Fund, Account and Center Numbers.

04R1389 ( 2) A Resolution by Finance/Executive Committee providing for (1) the call of a public meeting of the Council of the City of Atlanta, at which there will be considered and acted upon certain proposed ordinances which, if adopted and approved, will authorize the City of Atlanta to issue $8,000,000.00 in aggregate principal amount of various purpose General Obligation Bonds pursuant to the provisions of certain constitutional amendments; (2) publication of notice to the public of the call and holding of such meeting; and (3) for other purposes.

04R1391 ( 1) An Amended Resolution by Finance/Executive Committee authorizing the Mayor to enter into an appropriate contractual agreement with Merrill Lynch, Jackson Securities and SunTrust Capital Markets, Inc., as Co-Senior Managers to underwrite 2004 Airport Passenger Facility Charge and General Airport Revenue Bonds in an approximate amount of $800,000.00; and for other purposes.

The above item was removed from the Consent Agenda by request of Councilmember Young. Mr. Young's concerns being answered, Chairperson Starnes made a Motion to Adopt as Amended. Without Objection, the Motion CARRIED by a roll call vote of 14 yeas; 0 nays

Attendance at the August 16, 2004 meeting of the Committee on Council was as follows:

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

Absent: Councilmember Winslow

ITEM REMOVED FROM HELD STATUS

Councilmember Moore made a Motion to remove the above item from Held Status. Without Objection, the Motion CARRIED. Chairperson Smith then sounded the caption to 04-O-1268. Following, Councilmember Moore was recognized and made a Motion to Adopt. A discussion ensued, during which, Councilmember Maddox offered an amendment to add the language "that the committee will determine which items are to be on the Consent Agenda & distribute that legislation to all members of Council who does not serve on the Committee on Council." However, the Maddox Amendment FAILED due to the lack of a Second. Ms. Moore then made a Substitute Motion to Refer 04-O-1268 back to the Committee on Council. It was properly Seconded and a brief discussion ensued. After which, the Motion to Refer CARRIED by a unanimous roll call vote of 15 yeas; 0 nays.

Council President Lisa M. Borders Presided

CITY UTILITIES COMMITTEE (1)

CLAIR MULLER, VICE-CHAIR

Attendance at the July 27, 2004 meeting of the City Utilities Committee was as follows:

Present: Councilmembers Muller (Vice-Chair), Maddox, Winslow, Fauver and Mitchell

Absent: Councilmembers Shook and Willis

04O0232 ( 1) An Ordinance by Councilmembers Natalyn Mosby Archibong, C. T. Martin, Carla Smith, Cleta Winslow, Debi Starnes and Jim Maddox authorizing the Mayor or her designee to provide a copy of the Senior Citizens Discount Application and its criteria to all citizens in the City of Atlanta for the purpose of identifying all qualified rate payers; and for other purposes.

Council President Lisa M. Borders Presided

CITY UTILITIES COMMITTEE (2)

CLAIR MULLER, VICE-CHAIR

04R1374 ( 1) A Resolution by Councilmember Debi Starnes authorizing the Mayor to enter an Encroachment Agreement for non-conforming uses with Georgia State University, a unit of the University System of Georgia, for the installation of campus identification embellishment signs and crosswalks surrounding the Georgia State University Campus in the City of Atlanta; and for other purposes.

04R1399 ( 2) A Resolution by City Utilities Committee authorizing the Mayor to grant an easement in favor of the Georgia Power Company for the placement of two (2) electric power poles on Mills Street.

Attendance at the July 27, 2004 meeting of the Community Development/Human Resources Committee was as follows:

Present: Councilmembers Mitchell (Chair), Norwood, Young, Winslow, Starnes, Archibong and Mosley

Absent: None

04R1305 ( 1) A Resolution by Community Development/Human Resources Committee permitting the erection of historic markers by the non-profit organization "Georgia Civil War Heritage Trails" on certain specified sites owned by the City of Atlanta; and for other purposes.

04R1306 ( 2) A Resolution by Community Development/Human Resources Committee authorizing the Mayor to accept the donation of nine (9) scoreboards as a contribution for use at eight (8) City of Atlanta parks from the Blue Cross Blue Shield Association, a private corporation in an amount valued at $42,116.00 and to authorize the placement of Blue Cross Blue Shield's Corporation Logo on each donated scoreboard and having a free standing sign placed at Central Park recognizing the Blue Cross Blue Shield Association and ten (10) other companies/organizations; on behalf of the Department of Parks, Recreation and Cultural Affairs; and for other purposes.

Council President Lisa M. Borders Presided

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (1)

C. T. MARTIN, VICE-CHAIR

Attendance at the July 27, 2004 meeting of the Public Safety and Legal Administration Committee was as follows:

Present: Councilmembers Martin (Vice-Chair), Mosley, Norwood and Winslow

Absent: Councilmembers Willis, Shook and Smith

03O1183 ( 1) An Ordinance by Councilmember Anne Fauver to amend Article VII, Chapter 107(a) and (b), so as to create Drug Free Zones around all Atlanta Public Schools and Parks; and to authorize the placement of Drug Free Zone Signs; and for other purposes.

04O0941 ( 2) An Ordinance by Councilmember Debi Starnes to amend Chapter 10, Article 2, Section 10-88(e) of the City of Atlanta Code of Ordinances so as to provide that restaurants which sell alcoholic beverages for on-premises consumption and which are located within 600 feet of a college campus are authorized to provide entertainment at such restaurant; and for other purposes.

04R1339 ( 1) 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.

The above item was removed from the Consent Agenda by request of Councilmember Muller. Ms. Muller was recognized and made a Motion to Refer 04-R-1339 back to the Public Safety and Legal Administration Committee. It was properly Seconded and the Motion CARRIED by a roll call vote of 13 yeas; 0 nays.

Attendance at the July 28, 2004 meeting of the Transportation Committee was as follows:

Present: Councilmembers Moore (Chair), Martin, Muller and Mosley

Absent: Councilmembers Willis, Norwood and Mitchell

04O1363 ( 1) 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.

04-O-1405 ( 1) An Ordinance by Councilmember Ivory Lee Young, Jr. to

Z-04-82 rezone from the R-4 (Single-Family Residential) District to the C-2 (Commercial Service) District, property located at 2360 Perkerson Road and 646-658 Avery Road, S.W., Tract 1 fronting 102.15 feet on the east side of Perkerson Road beginning approximately 380 feet from the southeast corner of Avery Road; Tract 2 fronting 150.06 feet on the south side of Avery Road approximately 440.19 feet from the southwest corner of Metropolitan Pkwy; and Tract 3 fronting 148.30 feet on the south side of Avery Road 590.25 feet from the southwest corner of Metropolitan Pkwy. Depth: varies; Area: 2.543 acres (all tracts); Land Lot 102, 14^th District, Fulton County, Georgia. Owners: Shirley S. Ball, Michael C. Manley & John E. Boyd; Applicant: Dalton Humphrey; NPU-X Council District 12.

REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE WITHOUT OBJECTION

04-O-1406 ( 2) An Ordinance by Councilmember Ivory Lee Young, Jr. to

Z-04-87 rezone from the PD-H (Planned Development-Housing) District and R-3 (Single-Family Residential) Districts to the PD-H (Planned Development-Housing) District, property located at 908-930 Canterbury Road, N.E. fronting approximately 379.62 feet on the northeasterly side of Canterbury Road beginning 741.09 feet from the northwest corner of Lenox Road, N.E. Depth: varies; Area: approximately 1.55 acres; Land Lots 6 & 7, 17^th District, Fulton County, Georgia. Owners: Jason Shyr and John Letourneau; Applicant: Matt Brunn; NPU-B Council District 7.

04-O-1407 ( 3) An Ordinance by Councilmember Ivory Lee Young, Jr.

U-04-13 granting a Special Use Permit for a Day Care Facility (for Elders) (Section 16-05.005(1)(b), property located at 578 Lynn Circle, S.W. fronting 110 feet on the northwesterly side of Lynn Circle beginning 204.3 feet from the northeast corner of Lynhurst Drive. Depth: varies; Area: 0.4050 acres; Land Lot 235, 14^th District, Fulton County, Georgia. Owner: Trinity AME Church, Inc.; Applicant: Trinity Community Improvement Corporation; NPU-I Council District 10.

04-O-1408 ( 4) An Ordinance by Councilmember Ivory Lee Young, Jr.

U-04-11 granting a Special Use Permit for a Daycare Center (Section 16-07.005(1)(b), property located at 186 Walthall Street, N.W. fronting approximately 96.8 feet on the east side of Walthall Street beginning at the northeast corner of Arkwright Place, N.E. and fronting 209.20 along the northeasterly side of Arkwright Place beginning at the northeast corner of Arkwright Place, N.E. Depth: varies: Area: 0.567 acres; Land Lot 13, 14^th District, Fulton County, Georgia. Owner: Community Bible Chapel; Applicant: Herbert Humphrey; NPU-N Council District 5.

04-O-1409 ( 5) An Ordinance by Councilmember Ivory Lee Young Jr.

U-04-12 granting a Special Use Permit for a Video Arcade (Section 16-18K.004(d)(vi), property located at 905-907 Martin Luther King, Jr. Drive, N.W. (a.k.a. 903 Martin Luther King Jr. Dr.) fronting 40 feet on the north side of Martin Luther King Jr. Drive beginning 40 feet from the northeast corner of Joseph L. Lowery Blvd. Depth: 120 feet; Area: 4800 square feet; Land Lot 110, 14^th District, Fulton County, Georgia; Owner: Q. V. Williams & Co., Inc.; Applicant: Margaret Pullliam; NPU-L Council District 3.

04-O-1410 ( 6) An Ordinance by Councilmember Ivory Lee Young, Jr.

U-04-14 granting a Special Use Permit for Outdoor Dining (Section 16-11.005(1)(1), property located at 1394 North Highland Avenue, N.W. fronting approximately 165 feet on the northwesterly side of North Highland Avenue beginning 258.53 feet from the northeast corner of Lanier Place. Depth: varies; Area: 0.53 acres; Land Lot 2, 17^th District, Fulton County, Georgia. Owner: SRG Investments, LLC; Applicant: Alon Balshan; By: Carter Smith, Agent; NPU-F Council District 6.

04-O-1411 ( 7) An Ordinance by Councilmember Ivory Lee Young, Jr. to

Z-04-76 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, N.W., fronting 442.66 feet on the south side of Carroll Street beginning at the southwest corner of Zadie Street. Depth: varies; Area: 1.549 acres; Land Lot 223, 17^th District, Fulton County, Georgia. Owner: CSX Real Property; Applicant: Garland C. Sheats; NPU-D Council District 9.

04-O-1412 ( 8) An Ordinance by Councilmember Ivory Lee Young, Jr. to

Z-04-78 rezone from the R-4 (Single-Family Residential) District to the PD-H (Planned Development-Housing) District, property located at 3080-3099 Jones Road, N. W. and 840 Venetta Place (rear), N.W. 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; Tract 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. Depth: varies; Area: approximately 18.68 acres (all tracts); Land Lots 240 & 260, 14^th & 17th Districts, Fulton County, Georgia; Owner: Ornstein-Schuler Capital Partners, LLC; Applicant: Matthew F. Brunn; NPU-I Council District 9.

04-O-1413 ( 9) An Ordinance by Councilmember Ivory Lee Young Jr. to

Z-04-79 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, N.E. fronting approximately 802 feet on the south side of Lavista Road beginning 149.21 feet from the southeast corner of Cheshire Bridge Road. Depth: varies; Area: 9.65 acres; Land Lot 5, 17^th 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.

04-O-1414 (10) An Ordinance by Councilmember Ivory Lee Young, Jr. to

Z-04-84 rezone from the I-1 (Light Industrial) District to the RG-4 (Residential General-Sector 4) District, property located at 378-384 Ralph McGill Boulevard, N.E., fronting 250.79 feet on the north side of Ralph McGill Blvd. beginning 259.29 feet from the northwest corner of Parkway Drive. Property also fronts 59.30 feet on the east side of Felton Drive. Depth: varies; Area: 1.26 acres; Land Lot 47, 14^th District, Fulton County, Georgia. Owner: Dennis A. Long; Applicant: Dennis A. Long; NPU-M Council District 2.

04-O-1415 (11) An Ordinance by Councilmember Ivory Lee Young, Jr. to

Z-04-80 rezone from the R-4 (Single-Family Residential) District to the PD-H (Planned Development-Housing) District, property located at 1020 Custer Avenue, S.E. fronting 160 feet on the northern side of Custer Avenue 275 feet from the northwest corner of Woodland Avenue. Depth: varies; Area: 1.78 acres, Land Lot 9, 14^th District, Fulton County. Owner Yoon-Joo Kim Hartigan; Applicant: Yoon-Joo Kim Hartigan; NPU-W Council District 1.

04-O-1416 (12) An Ordinance by Councilmember Ivory Lee Young, Jr. to

Z-04-81 rezone from the R-2A (Single-Family Residential) and the RG-2 (Residential General-Sector 2) District, 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), N. W. fronting 199.22 feet on the west side of Peachtree Road 1087.15 feet from the southwest corner of Muscogee Avenue. Depth: varies; Area: approximately 2.287 acres; Land Lot 112, 17^th 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.

04-O-1417 (13) An Ordinance by Councilmember Felicia A. Moore to

CDP-04-31 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.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

04-O-1418 (14) An Ordinance by Councilmember Felicia A. Moore to waive the sidewalk requirements of Section 15-09.003 of the City of Atlanta Code of Ordinances to provide that certain subdivision applications deposit a dollar amount equal to the value of the required sidewalk construction into a designated Trust Fund Account for District 9; and for other purposes.

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

04-O-1419 (15) An Ordinance by Councilmember C. T. Martin 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-03-68 (55 Harlan Street) applicant deposit a dollar amount ($3,800.03) equal to the value of the required sidewalk construction into a designated Trust Fund Account for District 10; and for other purposes.

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

04-O-1420 (16) An Ordinance by Councilmembers Clair Muller, Carla Smith, Jim Maddox and Howard Shook authorizing the creation of a Charter Review Commission; and for other purposes.

REFERRED TO COMMITTEE ON COUNCIL WITHOUT OBJECTION

04-O-1422 (17) An Ordinance by Councilmember Anne Fauver to waive Section 150-207(a) of the Code of Ordinances of the City of Atlanta to allow roller skating in the streets of Atlanta on October 24, 2004 for the 23^rd Annual Athens to Atlanta Road Skate; and for other purposes.

04-O-1423 (18) An Ordinance by Councilmember Debi Starnes amending the 2004 (1991, 1992, 1993, 1994, 1995 and 1996 Annual Bond Funds) Budget in the amount of $180,000.00 for roof and structural building repairs for City Hall by using funds from the restricted reserve accounts; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

04-O-1424 (19) An Ordinance by Councilmember Debi Starnes anticipating and appropriating $1,644,150.00 under the U. S. Department of Housing and Urban Development's Economic Development Initiative (EDI) for the development of the Martin Luther King, Sr. Community Center and authorizing a contractual agreement with the Intergenerational Resource Center for the development of the Martin Luther King, Sr. Community Resource Center in an amount not to exceed $1,644,150.00; and for other purposes.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

04-O-1425 (20) An Ordinance by Councilmember Debi Starnes to accept and fix the terms of the City of Atlanta's Water and Wastewater Revenue Bonds, Series 2004; to specify an aggregate principal amount, annual interest rates, dates of maturity and other terms; and for other related purposes.

04-O-1426 (21) An Ordinance by Councilmembers H. Lamar Willis, Ceasar C. Mitchell and Anne Fauver to amend Chapter 150, Article IV, Division 3, Parking Meters of the Code of Ordinances to provide for enforcement; and for other purposes.

04-O-1427 (22) An Ordinance by Councilmember Carla Smith to amend Ordinance No. 04-O-0166 to abandon that portion of Prospect Avenue SE located from Mead Street South to its Dead End at the CSX railroad tracks consisting of .235 acres, more or less, and being more specifically described in the attached Exhibit "A" lying and being in Land Lot 23 of the 14^th District, Fulton County, Georgia to authorize the issuance of a quitclaim deed to Bentley Properties, Inc. in exchange for the construction of sidewalks on both sides of Mead Street from Boulevard to Gress Street; and for other purposes.

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

04-O-1428 (23) An Ordinance by Councilmember Carla Smith to place interim development controls on all construction on vacant parcels or on parcels made vacant through the demolition of existing structures in the proposed SPI-22 Memorial Drive/Martin Luther King, Jr. Drive Corridor, Subareas 1, 2, 4, 5, 6, 7 and 8 for a period not to exceed six months or the adoption of Ordinance No. 04-O-0784/Z-04-46, whichever occurs first, so as to allow for the adoption of this proposed legislation; and for other purposes.

REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE WITHOUT OBJECTION

04-O-1429 (24) An Ordinance by Councilmember Jim Maddox to amend Subdivision II, Section 2-98 of the Code of Ordinances of the City of Atlanta; to amend Section 11.2 of the Rules for the Conduct of Business of the Atlanta City Council, so as to require that items not appearing on the printed committee agendas may be added to the Full Council Consent Agenda only with the approval of the committee of purview; to provide that such items shall be designated on the Full Council Consent Agenda by the committee of purview as items that were not printed on the committee agenda; and for other purposes.

04-O-1430 (25) An Ordinance by Councilmember Jim Maddox as Amended by City Utilities Committee authorizing the Mayor to enter into a sewer agreement with Coventry Station Partners, LLC for construction of improvements to the Camp Creek outfall; anticipating and appropriating water and sewer funds in the amount of $450,000; and for other purposes.

04-O-1431 (26) An Ordinance by Councilmember Jim Maddox authorizing the Mayor or her designee to make the intersection at Venetian Drive, SW, and Delowe Drive, SW an all-way stop; and for other purposes.

04-O-1433 (27) An Ordinance by Councilmember Jim Maddox, C. T. Martin, Ceasar C. Mitchell, H. Lamar Willis and Natalyn 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.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

04-O-1434 (28) An Ordinance by Councilmembers Jim Maddox, C. T. Martin, Cleta Winslow, H. Lamar Willis, Carla Smith, Felicia A. Moore, Ceasar C. Mitchell, Mary Norwood, Clair Muller, Howard Shook and Anne Fauver to establish designated parking spaces for Council in the old Traffic Court Parking lot; and for other purposes.

04-O-1435 (29) 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.

REFERRED TO ZONING REVIEW BOARD AND ZONING COMMITTEE WITHOUT OBJECTION

04-O-1436 (30) An Ordinance by Councilmember Ceasar C. Mitchell to correct Ordinance 04-O-0932 in Section 1 changing both anticipation and appropriation center numbers; and for other purposes.

04-O-1437 (31) An Ordinance by Councilmember Ceasar C. Mitchell amending the 2004 Job Training Fund Budget by anticipating and appropriating $368,053.00 in the Workforce Investment Act (WIA) Adult Funds; anticipating and appropriating $278,325.00 in Workforce Investment Act (WIA) Dislocated Workers Funds.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

04-O-1438 (32) An Ordinance by Councilmember Ceasar C. Mitchell correcting Ordinance #03-O-0394, adopted by City Council on March 31, 2003 and approved by the Mayor on March 31, 2003 to correct an error in a cost center; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION