ATLANTA CITY COUNCIL

The Atlanta City Council held its Regularly Scheduled Meeting on Tuesday, September 07, 2004 due to the Labor Day holiday. The Meeting convened at 1:13 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 presided.

The following (13) 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 August 16, 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 September 07, 2004 meeting was ADOPTED without objection.

04O0269 ( 1) 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

04O1376 ( 2) 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.

There was no separate discussion of the following items with the exception of items 04-O-1369, 04-R-1478 and 04-O-1319 which were 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: 11 Yeas: Councilmembers Starnes, Young, Archibong, Fauver, Shook, Muller, Moore, Sheperd, Mitchell, Norwood and Willis 0 Nays; with the exception of 04-O-1319 which a separate vote was taken to record Councilmember’s Young abstention by the following roll call vote: 10 yeas: Starnes, Archibong, Fauver, Shook, Muller, Moore, Sheperd, Mitchell, Norwood and Willis 0 Nays; 1 Abstention: Councilmember Young.

ORDINANCES FOR SECOND READING

04O1423 ( 1) An Ordinance by Councilmember Debi Starnes as Substituted by Finance/Executive Committee amending the 2004 (1991, 1992, 1993, 1994, 1995 and 1996 Annual Bond Funds) Budgets in the amount of $202,531.00 for roof and structural building repairs for City Hall by using funds from the Restricted Reserve for Appropriations Accounts in various Annual Bond Fund; and for other purposes.

04O1437 ( 2) 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.

SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

04O1438 ( 3) An Ordinance by Councilmember Ceasar C. Mitchell as Substituted by Finance/Executive Committee 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.

04O1439 ( 4) An Ordinance by Councilmember Ceasar C. Mitchell correcting errors to adopted legislation 04-O-0372 and 04-R-0369, both adopted by City Council May 17, 2004 and approved by the Mayor on May 25, 2004; and for other purposes.

CITY UTILITIES COMMITTEE

HOWARD SHOOK, CHAIR

04O0327 ( 5) An Ordinance by Councilmember Clair Muller as Substituted(#3) by City Utilities Committee to amend the City of Atlanta Code of Ordinances by amending Chapter 74 to include a new Article IX entitled "Post-Development Stormwater Management for New Development and Redevelopment"; and for other purposes.

SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

CITY UTILITIES COMMITTEE (CONT’D)

HOWARD SHOOK, CHAIR

04O1419 ( 8) 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.

04O1427 ( 9) 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 acre, 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.

SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

04O1424 (10) 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.

04O1436 (11) 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.

04O1318 (12) An Amended 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.

SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

04O1319 (13) 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 Car Facility (CONRAC) access roadway at the Hartsfield-Jackson Atlanta International Airport; and for other purposes.

04O1422 (14) 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.

SECTION I (CONT’D)

04R1212 ( 1) A Substitute Resolution by Finance/Executive Committee authorizing the Mayor to enter into an appropriate contractual agreement with Dale S. Haygood, a retired employee of the City of Atlanta, Department of Planning and Neighborhood Development, for Training and Consultant Services for the Re-establishment of the Housing Demolition Office for a period not to exceed 12 months, and not to exceed $16,000.00 with all services and charges to be paid from Account #1B01 524001 Y44P0931A20A, (Consultant Professional Services Housing Demolition Reclamation); and for other purposes.

04R1474 ( 2) A Resolution by Finance/Executive Committee authorizing the Chief Procurement Officer to utilize the State of Georgia Contract 90-00151 with Hewlett Packard for the purchase of ten (10) Proliant DL 360 Processors, two (2) Proliant DL 380 Processors and two (2) HP Print Server Appliance 4250 on behalf of the Department of Aviation, in an amount not to exceed $36,086.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: 2H01 521105 R12006, Airport Revenue.

04R1478 ( 3) An Amended Resolution by Finance/Executive Committee amending Resolution 02-R-1874 to modify the list of properties encumbered by deeds to secure debt on the various properties comprising the McKenzie Place Development; to authorize the Law Department to secure the services of outside counsel to initiate foreclosure proceedings, and to identify an account to pay all costs associated with the foreclosure; and for other purposes.

SECTION I (CONT’D)

04R1550 ( 4) A Substitute Resolution by Finance/Executive Committee authorizing the Establishment of a Trust Fund Account for Vendor Outreach Seminars/Expos; Registration Fees to be deposited in 3P02 (Trust Fund) 492303 (Recover Direct Cost) K11Q02939999 (Vendor Outreach Seminar/Expos).

CITY UTILITIES COMMITTEE

HOWARD SHOOK, CHAIR

04R1374 ( 5) 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.

04R1467 ( 6) A Resolution by City Utilities Committee authorizing the Mayor to execute a Local Government Project Agreement between the City of Atlanta and the Georgia Department of Transportation for design/construction of Virginia Highlands Streetscape Project from University Drive to Freedom Parkway; and for other purposes.

04R1475 ( 7) A Resolution by City Utilities Committee authorizing the Mayor or designee to enter into Amendment Agreement No. 2 with SD & C, Inc., for additional improvements along Howell Mill Road on behalf of the Department of Public Works in an amount not to exceed $44,074.07. All contracted work shall be charged to and paid from Various Fund, Account and Center Numbers.

SECTION I (CONT’D)

CITY UTILITIES COMMITTEE (CONT’D)

HOWARD SHOOK, CHAIR

04R1476 ( 8) A Resolution by City Utilities Committee authorizing the Mayor or designee to enter into Amendment Agreement No. 2 with GINARC Construction, Inc., for FC-7573-03D, Annual Contract for sidewalks, driveways and curbs; to amend the base year of the agreement from one (1) year to two (2) years and to amend the agreement to include sidewalk improvement and traffic calming along McClendon Avenue for a not to exceed amount of $298,071.00. All contracted work shall be charged to and paid from Various, Fund Account, and Center Numbers.

04R1497 ( 9) A Substitute Resolution by City Utilities Committee authorizing the Mayor or designee to enter into an appropriate contractual agreement with Rockdale Pipeline, Inc./Integral Municipal Services, Inc., a Joint Venture, for FC-7712-04A, Annual Pipe Laying Services Agreement on behalf of the Department of Watershed Management in an amount not to exceed Fifteen Million One Hundred Thousand Dollars $15,100,000.00.  All contracted work shall be charged to and paid from Fund, Account and Center Number: 2J27 574001 Q65J08039999 ($6,004,455.00 - 2001 Water and Wastewater Bond Fund); 2J26 573001 Q37J08039999 ($1,600,000.00 – 1999 Water and Wastewater Bond Fund); 2J21 574001 Q65101 ($3,495,545.00 – Water and Wastewater Renewal and Extension Fund); and 2H21 ($4,000,000.00 – Airport Renewal and Extension Fund).

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

04R1498 (10) A Substitute Resolution by City Utilities Committee authorizing the Mayor or designee to enter into an appropriate contractual agreement with Pugh/Thrasher, a Joint Venture, for FC-7712-04B, Annual Pipe Laying Services Agreement on behalf of the Department of Watershed Management in an amount not to exceed Fifteen Million One Hundred Thousand Dollars $15,100,000.00.  All contracted work shall be charged to and paid from Fund, Account and Center Number:  2J27 574001 Q65J08039999 ($6,004,455.00) 2001 Water and Wastewater Bond Fund); 2J26 573001 Q37J08039999 ($1,600,000.00 – 1999 Water and Wastewater Bond Fund); 2J21 574001 Q65101 ($3,495,545.00 – Water and Wastewater Renewal and Extension Fund); and 2H21 ($4,000,000.00 – Airport Renewal and Extension Fund).

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

SECTION I (CONT’D)

CITY UTILITIES COMMITTEE (CONT’D)

HOWARD SHOOK, CHAIR

04R1499 (11) A Resolution by City Utilities Committee authorizing the Mayor or her designee to enter into an Intergovernmental Agreement with the U. S. Geological Survey, United States Department of Interior, in an amount not to exceed $3,449,400.00 for a Water Quality and Water Quantity Long Term Monitoring Network; to install and operate water monitoring equipment in connection with the City’s "Clean Water Atlanta" Program. All contracted work shall be charged to and paid from Fund, Account and Center Number: 2J25 573001 Q38I22029999 (1997 Water and Wastewater Bond Fund, Facility Evaluation); and for other purposes.

04R1515 (12) A Resolution by City Utilities Committee authorizing the Mayor or her designee to enter into an appropriate contractual agreement with US Lawns of North Atlanta/Land Wizard for FC-6004007805, Annual Contract for Grounds Maintenance Services, on behalf of the Department of Watershed Management in an amount not to exceed $800,000.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: 2J01 523001 Q64001 (Wastewater Revenue Fund).

SECTION I (CONT’D)

04R1471 (13) A Resolution by Community Development/Human Resources Committee authorizing the Mayor to apply for and accept two (2) grants in the amount of $20,000.00 from the Arthur M. Blank Family Foundation and the Esther and Herbert Taylor Family Foundation, Inc. of up to $100,000.00 and in-kind services from the Rock Creek Watershed Alliance in the amount of $28,000.00 for the purpose of assisting in the development of the Herbert Taylor Park, located at 1795 Johnson Road, NE, Atlanta, GA, as a passive Park; to provide for grant matching funds; and for other purposes.

04R1432 (14) A Resolution by Councilmembers Jim Maddox, Mary Norwood, Ceasar C. Mitchell, H. Lamar Willis, C. T. Martin and Cleta Winslow as Amended by Community Development/Human Resources Committee to amend Resolution 04-R-0870 adopted May 17, 2004 and approved per City Charter Section 2-403 on May 26, 2004 requesting the Department of Planning and Community Development to prepare a Corridor Study for the Campbellton Road Corridor by expanding the scope of said Study from Greenbriar Parkway to Venetian Drive and by including the Campbellton Road Corridor from Barge Road west to the City Limits and the Cascade Road Corridor from Langhorn Street to Venetian Drive; and for other purposes.

04R1387 (15) A Resolution by Community Development/Human Resources Committee authorizing the Mayor to sign a contract amendment with the Georgia Tech Research Corporation for the purpose of extending the time period of the existing Consolidated Plan Contract, to incorporate the State Mandated Housing Needs Assessment Element for the revisions to the 2004-2019 Comprehensive Development Plan, and to amend the contract amount; and for other purposes.

SECTION I (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

H. LAMAR WILLIS, CHAIR

04R1482 (16) A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to renew the Lease Agreement with the trustees, Israel Baptist Church, for the rental of 9,000 square feet of office space, located at 2025 Hosea Williams Drive, SE, Atlanta, Georgia, for the Department of Police Zone Six Precinct, from October 1, 2004, until September 30, 2005, in the amount not to exceed $76,411.56 a year, to be charged to and paid from Account Number 1A01 525001 X42006.

04R1483 (17) A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to enter into a new Lease Agreement with ASI Properties, Inc., for the rental of 5,026 square feet of office space located at 3120 Maple Drive, Atlanta, Georgia, for the Police Zone Two Precinct, from February 1, 2005, until January 31, 2006, in the amount not to exceed $79,159.50 a year, to be charged to and paid from Account Number 1A01 525001 X42002.

04R1484 (18) A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to apply for and accept a grant from the United States Department of Justice in an amount not to exceed $6,000,000.00 to be matched with up to $2,000,000.00 from local sources for an Interoperable Communications Program to benefit the City of Atlanta and key neighboring jurisdictions.

SECTION I (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT’D)

H. LAMAR WILLIS, CHAIR

04R1486 ( 19) A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor or her designee to accept, on behalf of the Atlanta Fire Department, $14,800.00 in grant funds HERSA (Health Resources and Services Administration) from the Georgia Department of Human Resources-Division of Public Health for the purpose of providing front line equipment for "All Hazards".

04R1488 (20) A Substitute Resolution by Public Safety and Legal Administration Committee authorizing the Mayor or her designee to accept, on behalf of the Atlanta Fire Department, $165,200.00 in grant funds from the Federal Emergency Management Agency’s U. S. Fire Administration Fire Prevention and Safety Grant Program in support of a Fire Safety Cadet Program to teach fire prevention strategies to selected Atlanta Public Schools Students in the Third through the Fifth Grades. These youngsters will share what they have learned with other youth and senior citizens in the respective neighborhoods.

04R1511 (21) A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to enter into an appropriate contractual agreement with Superior Commercial Roofing, Inc., for FC-7641-03, Roof Replacement at Various Fire Stations, on behalf of the Atlanta Fire Department, in an amount not to exceed $197,000.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: 1A01 573001 W33002 (Facilities Building).

SECTION I (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT’D)

H. LAMAR WILLIS, CHAIR

04R1512 (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, an equipment donation of sixteen (16) Thermal Imaging Cameras from the Fireman’s Fund Insurance Company at a value of up to $240,000.00 to assist firefighters to more efficiently locate fire victims, find the source of fires and to locate impaired firefighters during an incident.

04R1477 (23) A Resolution by Transportation Committee to revise and clarify Resolution 04-R-1317 adopted by Council August 16, 2004 and approved by the Mayor August 20, 2004, which authorizes the Mayor or her designee to enter into a Consolidation Agreement with Plantation Pipe Line Company; and for other purposes.

04R1490 (24) A Resolution by Transportation Committee authorizing the Mayor or her designee to approve Renewal Agreement No. 2 with Forever Green Interiorscapes, for FC-7356-01, Interior Landscaping Maintenance Services at Hartsfield-Jackson Atlanta International Airport, on behalf of the Department of Aviation in an amount not to exceed $94,416.00 annually. All contracted work shall be charged to and paid from Fund, Account and Center Number: 2H21 523001 R21001 (Service/Repair/Maintenance/Contract).

SECTION I (CONT’D)

04R1492 (25) A Resolution by Transportation Committee authorizing the Mayor or her designee to execute an Airport Use License Agreement with KLM Royal Dutch Airlines, covering the use of runways, taxiways and other common airfield facilities at Hartsfield-Jackson Atlanta International Airport; and for other purposes.

04R1493 (26) A Resolution by Transportation Committee authorizing the Mayor or her designee to execute an agreement with the Atlanta Airlines Terminal Corporation (AATC) for the procurement of the Concourse E Central Plant Expansion temperature controls and the management and installations/commissioning of the Central Plant Expansion (CPE) Project at Hartsfield-Jackson Atlanta International Airport, for a cost to the City not to exceed $613,000.00, to be charged to and paid from Various Fund, Account and Center Numbers; and for other purposes.

04R1494 (27) An Amended Resolution by Transportation Committee authorizing the Mayor or her designee to award and execute an agreement with Thomasson Printing Company, for FC-7514-02, Hartsfield-Jackson Airport Traveler Magazine for the initial term of two (2) years. This publication is to be strictly self-supporting. Thomasson will pay all expenses through advertising revenues generated by the publication.

SECTION I (CONT’D)

04R1516 ( 1) Claim of Joseph Alvo, for damages allegedly sustained from a sanitary sewer backup on August 26, 2002 at 1407 Lanier Place. $4,171.02

04R1517 ( 2) Claim of L. T. Crafter, for damages alleged to have been sustained as a result of an automobile accident on January 9, 2004 at 1189 Henrico Road. $2,822.02

04R1518 ( 3) Claim of Lekeeche R. Bryant through her attorney, T. K. Read, for damages alleged to have been sustained as a result of an automobile accident due to a defective roadway on May 16, 2003 at 1191 Fayetteville Avenue, SE. $1,850.00

04R1519 ( 4) Claim of Harold Cost, for damages alleged to have been sustained as a result of a vehicular accident on January 25, 2004 at Hill Street and Interstate 20 westbound off ramp. $5,250.00

04R1520 ( 5) Claim of Robert and Doretha Ezzard, for damages alleged to have been sustained as a result of striking a metal plate on January 7, 2004 at 717 Lee Street. $1,905.96

04R1521 ( 6) Claim of Cheryl Woods, for vehicular damages allegedly sustained from driving over a defective roadway on December 29, 2003 at 1861 West Kimberly Road, SW. $1,141.35

SECTION I (CONT’D)

04R1522 ( 7) Claim of Jerry and Jessica Bryant, for damages allegedly sustained as a result of an automobile accident on May 19, 2004 at 955 Spring Street, NW. $5,189.32

04R1523 ( 8) Claim of Ophelia Stroud Rios, for damages alleged to have been sustained as a result of an automobile accident on June 1, 2004 at 876 Laurelmont Drive. $730.32

04R1524 ( 9) Claim of Lorretta J. Adams, for damages alleged to have been sustained as a result of an accident on April 5, 2004 at 1390 West Marietta Street, NW. $641.55

04R1525 (10) Claim of Kristina Leigh and Debra Eaton, for damages alleged to have been sustained as a result of an automobile accident on May 18, 2004 at Moreland Avenue and Forest Park Road. $768.54

04R1526 (11) Claim of Valerie Kim Frachiseur, for vehicular damages allegedly sustained from driving over a construction site that was left in an unsafe manner on September 12, 2003 at 1904 Monroe Drive, NE. $932.20

SECTION I (CONT’D)

03R2092 (12) Claim of Patrina Wilborn, for damages alleged to have been sustained as a result of property damage due to flooding on September 21, 2002, May 5 and 6, 2003 at 950 Neal Street, NW.

03R2093 (13) Claim of Mr. & Mrs. Jesse Jones, for damages alleged to have been sustained as a result of property damage due to flooding on September 21, 2002, May 6 and 15, 2003 at 419 Cairo Street, NW.

03R2094 (14) Claim of Mr. Lee, for damages alleged to have been sustained as a result of property damage due to flooding on September 21, 2002, May 6 and 15, 2003 at 960 Jett Street, NW.

03R2095 (15) Claim of B. K. Brown, for damages alleged to have been sustained as a result of property damage due to flooding on September 21, 2002, May 6 and 15, 2003 at 968 Jett Street, NW.

03R2096 (16) Claim of Clarence Willingham, for damages alleged to have been sustained as a result of property damage due to flooding on September 21, 2002, May 6 and 15, 2003 at 940 Jett Street, NW.

SECTION I (CONT’D)

03R2097 (17) Claim of Alphreeda M. Cook, for damages alleged to have been sustained as a result of property damage due to flooding on September 21, 2002, May 6 and 15, 2003 at 967 Jett Street, NW.

03R2098 (18) Claim of Theodore Riddick, for damages alleged to have been sustained as a result of property damage due to flooding on September 21, 2002, May 6 and 15, 2003 at 953 Jett Street, NW.

03R2099 (19) Claim of "Rick", for damages alleged to have been sustained as a result of property damage due to flooding on September 21, 2002, May 6 and 15, 2003 at 956 Jett Street, NW.

03R2100 (20) Claim of Mrs. Clarence Williams, for damages alleged to have been sustained as a result of property damage due to flooding on September 21, 2002, May 6 and 15, 2003 at 946 Jett Street, NW.

03R2101 (21) Claim of Charles Simmons, for damages alleged to have been sustained as a result of property damage due to flooding on September 21, 2002, May 6 and 15, 2003 at 975 Jett Street, NW.

SECTION I (CONT’D)

03R2102 (22) Claim of Delvan Vaughn, for damages alleged to have been sustained as a result of property damage due to flooding on September 21, 2002, May 6 and 15, 2003 at 938 Jett Street, NW.

03R2103 (23) Claim of June Stargen, for damages alleged to have been sustained as a result of property damage due to flooding on September 21, 2002, May 6 and 15, 2003 at 426 Cairo Street, NW.

03R2104 (24) Claim of Byant Bass, for damages alleged to have been sustained as a result of property damage due to flooding on September 21, 2002, May 6 and 15, 2003 at 401 Cairo Street, NW.

03R2105 (25) Claim of Vernon Sanders, for damages alleged to have been sustained as a result of property damage due to flooding on September 21, 2002, May 6 and 15, 2003 at 428 Cairo Street, NW.

04R1527 (26) Claim of State Farm Insurance Companies as subrogee of Myron Jackson, for damages alleged to have been sustained as a result of striking open construction cut on March 6, 2004 at 29 West Peachtree Street.

SECTION I (CONT’D)

04R1528 (27) Claim of Jason Smith through his attorney Jo Ann Fields, Esq., for bodily injuries allegedly sustained when deadly force was used during an apprehension and arrest on July 14, 2002 at 3215 Peachtree Road, NE.

04R1529 (28) Claim of Arthur Richardson, for damages alleged to have been sustained as a result of a police search and altercation on October 5, 2003 at 278 12^th Street.

04R1530 (29) Claim of Danielle Brown through her attorney Jeffrey C. Renz, for damages alleged to have been sustained due to a fall on playground equipment on June 10, 2004 at 1565 Martin Luther King, Jr. Drive, C.A. Scott Park.

04R1531 (30) Claim of Wesley Fowler, for damages alleged to have been sustained during an accident due to tree logs in the roadway on March 31, 2004 at 2240 Maxwell Avenue.

04R1532 (31) Claim of Donna Samolyk, for damages alleged to have been sustained as a result of water discoloration on March 6, 2004 at 893 Los Angeles Avenue.

04R1533 (32) Claim of Tracy D. Towns, for damages alleged to have been sustained as a result of striking an open construction cut on May 27, 2004 at 388 Vine Street.

SECTION I (CONT’D)

04R1534 (33) Claim of Robert J. Trotter, for damages alleged to have been sustained as a result of a sewer backup on December 28, 2003 at 2255 Adams Drive, NW.

04R1535 (34) Claim of Demario James Hunnicutt, for damages alleged to have been sustained as a result of rocks falling from a city vehicle on May 27, 2004 on Lindbergh Drive.

04R1536 (35) Claim of Eloise T. Kaushik, for damages alleged to have been sustained during an arrest on February 12, 2002 at 9400 Roberts Drive Apartment 2-H.

04R1537 (36) Claim of Lawanda Anderson through her attorney Fred Lerner, for damages alleged to have been sustained as a result of a branch falling from a tree on September 27, 2003 at Anderson Park.

04R1538 (37) Claim of Manoj Majmundar, for property damages alleged to have been sustained when an unknown driver refused to stop for police and struck the claimant’s fence on August 24, 2003 at 2380 Metropolitan Parkway.

04R1539 (38) Claim of Southern General Financial Group, as subrogee of Willie Henderson Flowers, for damages alleged to have been sustained as a result of an automobile accident on September 9, 2003 at 549 Centerhill Avenue.

SECTION I (CONT’D)

04R1540 (39) Claim of Tommie Thornton and Anna Thornton, for property damage allegedly sustained from a sewer backup on May 16 through May 18, 2002 at 51 Warren Street, NE.

04R1541 (40) Claim of Siemens Westinghouse Power, for damages alleged to have been sustained from a sewer backup on April 23, 2004 at 1299 Northside Drive, NW.

04R1542 (41) Claim of William Omunu, for damages allegedly sustained when personal property was unprotected during the incarceration of an inmate on February 18, 2004 at 236 Peachtree Street, SW.

04R1543 (42) Claim of Douglas Stefanini through his insurance carrier, NCO Financial Systems, Inc., for damages alleged to have been sustained as a result of a vehicular accident on June 28, 2001 at 3225 Piedmont Avenue, NE.

04R1544 (43) Claim of Sarkis Agasarkisian, through his attorney, J. Stuart Teague, for damages alleged to have been sustained as a result of the enforcement of the Tree Preservation Ordinance on April 14, 2004 at 1175 West Conway Drive.

04R1545 (44) Claim of Arkia Early, a minor, through her attorney, Scott T. Bushnell, for damages alleged to have been sustained as a result of a vehicular accident on February 2, 2004 at 902 Boulevard, SE.

SECTION I (CONT’D)

04R1546 (45) Claim of Chris Micallef, through his attorney, Kevin D. Hudson, for damages alleged to have been sustained as a result of the recovery and subsequent sale of claimant’s motorcycle.

04R1547 (46) Claim of Glenn Harper, for damages alleged to have been sustained as a result of a sewer backup on April 13, 2004 at 562 Peyton Road, SW.

04R1548 (47) Claim of Calista E. Bynum, for damages alleged to have been sustained as a result of vehicular damage due to a fire hose falling from a City Vehicle on October 7, 2002 at Interstate 20 eastbound ramp at Capitol Avenue.

04R1514 (48) Claim of Margaret Irene Chapman through her attorney Carl W. Bowers, Esq. Bowers, Guerra, and Yeager, P.C., for bodily injuries allegedly sustained as a result of a wrongful arrest and incarceration on June 15, 2003 at 12700 Spine Road.

04O1479 ( 1) An Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer, to write off $3,031,490.35 of uncollectible Department of Aviation Accounts Receivable with balances extending beyond the Statute of Limitations; and for other purposes.

04O1480 ( 2) An Ordinance by Finance/Executive Committee amending the 2004 (Intergovernmental Grant Fund) Budget, Department of Planning and Community Development, by adding to anticipations and appropriations in the amount of $10,800.00 for the purpose of contracting with the Urban Design Commission to prepare design guidelines for the Inman Park Historic District; and for other purposes.

04O1481 ( 3) An Ordinance by Finance/Executive Committee ratifying the actions taken by the Atlanta-Fulton County Water Resources Commission, a Georgia Joint Venture comprised of the City of Atlanta and Fulton County Georgia, on August 22, 2002; authorizing a 4% Cost of Living increase for the General Manager of the Atlanta-Fulton County North Area Water Treatment Plant, effective January 1, 2003; and for other purposes.

04O1551 ( 4) An Ordinance by Finance/Executive Committee authorizing automobile expense reimbursement for Position Number 00045301 (Internal Investigator) in the Department of Law to be paid out of Fund, Account and Center Number 1A01 511001 H11001; and for other purposes.

04O1552 ( 5) An Ordinance by Finance/Executive Committee authorizing automobile expense reimbursement for Position Numbers 00045300 and 00018864 (Paralegals), Position Numbers 00053140, 000188863, and 00009483 (Legal Secretaries), and Position Numbers 009485, 018860, 018861, 018862, 025151, 045293 (Attorneys) in the Department of Law to be paid out of Fund, Account and Center Number 2H01 511001 H11001; and for other purposes.

04O1554 ( 6) An Ordinance by Finance/Executive Committee to amend

*** "V" Classification Plan, Section 114-477, of the Code of Ordinances City of Atlanta, Georgia, so as to abolish, create, reclassify, create new classes, and to provide for above entry authorization of certain positions in Motor Transport Services; and for other purposes.

CITY UTILITIES COMMITTEE

HOWARD SHOOK, CHAIR

04O1466 ( 7) An Ordinance by City Utilities Committee amending the 2004 (Water and Wastewater Renewal and Extension Fund) Budget in the amount of $7,255,485.00 for Phase 2A and 2B of the Water and Wastewater Improvements in the public right-of-ways for the Harris Homes Redevelopment Project; and for other purposes.

CITY UTILITIES COMMITTEE (CONT’D)

HOWARD SHOOK, CHAIR

04O1500 ( 8) An Ordinance by City Utilities Committee amending the 2004 (1997 Water and Wastewater Bond Fund) Budget in the amount of $6,313,727.79 to transfer funds remaining from completed or discontinued projects to the reserve for appropriations account to facilitate the use of the funds for other Consent Decree or Consent Order Projects; and for other purposes.

04O1501 ( 9) An Ordinance by City Utilities Committee amending the 2004 (1993 Water and Wastewater Bond Fund) Budget in the amount of $2,697,422.31 to transfer funds remaining from completed or discontinued projects to the Reserve for Appropriations Account to facilitate the use of the funds for other Consent Decree or Consent Order Projects; and for other purposes.

04O1502 (10) An Ordinance by City Utilities Committee amending the 2004 (2001 Water and Wastewater Bond Fund) Budget in the amount of $8,400,000.00 for the renewal of the Stockdale Phase II Combined Sewer Separation Project; and for other purposes.

04O1503 (11) An Ordinance by City Utilities Committee amending 2004 (2001 Water and Wastewater Bond Fund) Budget in the amount of $18,130,000.00 for the construction of the initial sewer separation portion and water main replacement of the McDaniel Combined Sewer Separation Project; and for other purposes.

CITY UTILITIES COMMITTEE (CONT’D)

HOWARD SHOOK, CHAIR

04O1504 (12) An Ordinance by City Utilities Committee amending 2004 (2001 Water and Wastewater Bond Fund) Budget in the amount of $3,297,288.00 for Sewer Group I - Rehabilitation - Annual Contract; and for other purposes.

04O1505 (13) An Ordinance by City Utilities Committee amending the 2004 (1999 Water and Wastewater Bond Fund) Budget in the amount of $6,000,000.00 for the renewal of the Sanitary Sewer Main Installation Annual Contract; and for other purposes.

04O1470 (14) An Ordinance by Community Development/Human Resources Committee amending the 2004 (Job Training Fund) Budget by anticipating and appropriating $100,000.00 in the Workforce Investment Act (WIA) Adult Funds; anticipating and appropriating $192,000.00 in Workforce Investment Act (WIA) Youth Funds; and for other purposes.

04O1508 (15) An Ordinance by Community Development/Human Resources Committee to correct Ordinance 04-O-0337 in Section 1 changing both anticipation and appropriation center numbers; and for other purposes.

04O1496 (16) An Ordinance by Community Development/Human

CDP-04-32 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 480 John Wesley Dobbs Avenue, NE, from the "Low Density Commercial" Land Use Designation to the "Mixed-Use" Land Use Designation; and for other purposes.

NPU-M Council District 2

04O1506 (17) An Ordinance by Community Development/Human

UEZ-04-20 Resources Committee to Create the "Hidden Creste Apartments Housing Enterprise Zone", to be located at 3200 Stone Road, SW; and for other purposes.

04O1507 (18) An Ordinance by Community Development/Human

UEZ-04-21/ Resources Committee to expand the "Pittsburg

UEZ-03-07 Redevelopment Housing Enterprise Zone"; and for other purposes.

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

H. LAMAR WILLIS, CHAIR

04O1513 (19) An Ordinance by Public Safety and Legal Administration Committee to correct Ordinance Number 04-O-0933 adopted by City Council on June 7, 2004 and approved by the Mayor on June 14, 2004 such that the correct center number for a project (Pittman Park) in the Department of Parks, Recreation and Cultural Affairs is charged; and for other purposes.

Attendance at the September 01, 2004 meeting of the Finance/Executive Committee was as follows:

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

Absent: None

04O1425 ( 1) 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.

04O1440 ( 2) An Ordinance by Councilmember Debi Starnes to transfer funds designated for District 2 sidewalks, in Ordinance # to a Trust Account to be expended for that purpose.

04R1509 ( 1) A Substitute Resolution by Finance/Executive Committee authorizing the Mayor or designee to enter into an appropriate contractual agreement with A-Action Janitorial & Vending Service, Inc., for FC-7669-04, Citywide Vending and Concession Services, on behalf of the Office of General Services. The contract will be revenue generating and the revenues will be deposited in Fund, Account and Center Number: 1A01-462311-B00001 (General Fund, Food, Drink and Notions).

04R1555 (2) A Resolution by Finance/Executive Committee

*** authorizing Mayor to amend the Annual Contract of ____________ for the purpose of adding the Bolton Road-Moores Mill LCI Industrial Transportation Study Project and authorizing the Mayor to sign an Amended Contract #1. Said payments are to be charged to and paid from Fund, Account and Center Number 1B02 524001 Y63Q0626RGQO (Consultant Professional Services Bolton Road-Moores Mill LCI Implementation Project); and for other purposes.

04R1478 ( 1) An Amended Resolution by Finance/Executive Committee amending Resolution 02-R-1874 to modify the list of properties encumbered by deeds to secure debt on the various properties comprising the McKenzie Place Development; to authorize the Law Department to secure the services of outside counsel to initiate foreclosure proceedings, and to identify an account to pay all costs associated with the foreclosure; and for other purposes.

Attendance at the September 07, 2004 meeting of the Committee on Council was as follows:

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

Absent: Councilmembers Smith and Winslow

04O1429 ( 2) 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; and for other purposes.

Council President Lisa M. Borders Presided

CITY UTILITIES COMMITTEE (1)

HOWARD SHOOK, CHAIR

Attendance at the August 31, 2004 meeting of the City Utilities Committee was as follows:

Present: Councilmembers Shook (Chair), Muller, Fauver, Willis, Mitchell, Maddox and Winslow

Absent: None

Council President Lisa M. Borders Presided

CITY UTILITIES COMMITTEE (2)

HOWARD SHOOK, CHAIR

04O0435 ( 1) An Ordinance by Councilmembers Derrick Boazman,

04R1303 ( 1) A Resolution by City Utilities Committee authorizing the Mayor or her designee to enter into an appropriate contractual agreement with for FC-6004007805, Annual Contract for Ground Maintenance Services, on behalf of the Department of Watershed Management in an amount not to exceed $800,000.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: Water & Wastewater Revenue Fund - 2J01 523001 Q64001.

Council President Lisa M. Borders Presided

CITY UTILITIES COMMITTEE (3)

HOWARD SHOOK, CHAIR

04R1468 ( 2) A Resolution by City Utilities Committee authorizing the Mayor to execute an amendment to an Intergovernmental Agreement between the City of Atlanta and the United States Department of the Interior previously authorized by Resolution 02-R-1858, in an amount not to exceed $3,449,400.00 for a Water-Quality and Water-Quantity Long Term Monitoring equipment in connection with the City’s "Clean Water Atlanta" Program to be charged to and paid from Fund, Account and Center Number: 2J25 573001 Q38I22029999 (1997 Water and Wastewater Bond Fund, Facility Evaluation) in the amount of $3,449,400.00; and for other purposes.

04O1469 ( 1) An Ordinance by City Utilities Committee authorizing Automobile Expense Reimbursement for Position Nos. 8448 (Civil Engineer, Principal), 08613 (Construction Inspector, Senior), 18825 (Construction Inspector, Principal), 18826 (Construction Inspector, Senior), 18827 (Civil Engineer, Principal), 20579 (Environmental Compliance Engineer), 20581 (Construction Inspector, Principal), 52063 (Watershed Director), 52137 (Administrative Analyst), 52263 (Project Manager), 52264 (Project Manager) 52266 (Project Manager), 52267 (Project Manager) 52271 (Watershed Manager, Sr.), 52277 (Management Analyst, Sr. Departmental), 52278 (Management Analyst, Chief), 52279 (Field Engineer, Principal), 52293 (Field Engineer, Principal), 52294 (Field Engineer, Principal) on behalf of the Department of Watershed Management, Construction Division; and for other purposes.

Council President Lisa M. Borders Presided

CITY UTILITIES COMMITTEE (4)

HOWARD SHOOK, CHAIR

Attendance at the August 31, 2004 meeting of the Community Development/Human Resources Committee was as follows:

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

Absent: Councilmember Archibong

04O0887 ( 1) An Ordinance by Community Development/Human

CDP-04-12 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 the Northeast Corner of Pryor Street at Thirkeld Avenue, SW, from the "Low Density Residential" Land Use Designation to

NPU-Y Council District 1

04R1473 ( 1) A Resolution by Community Development/Human Resources Committee authorizing the Mayor or her designee to enter into contracts with the English Avenue Community Development Corporation (EACDC); Tyler Place Community Development Corporation (TPCDC); Historic District Development Corporation (HDDC); Community Alliance of Metropolitan Parkway Corporation (CAMP); Peoplestown Revitalization Corporation (PRC): SUMMECH Community Development Corporation (SUMMECH); and Reynoldstown Revitalization Corporation (RRC) for CHDO Operating Assistance Grant Program; and for other purposes.

NOTE: After the report of the Standing Committee of the Community Development/Human Resources, Councilmember Starnes made a Motion to move the City Utilities Committee to the end of the Agenda. It was properly Seconded and CARRIED by Voice Vote.

Council President Lisa M. Borders Presided

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (1)

H. LAMAR WILLIS, CHAIR

Attendance at the August 31, 2004 meeting of the Public Safety and Legal Administration Committee was as follows:

Present: Councilmembers Willis (Chair), Martin, Winslow, Shook, Norwood, Smith and Sheperd

Absent: None

Attendance at the September 01, 2004 meeting of the Transportation Committee was as follows:

Present: Councilmembers Moore (Chair), Martin, Muller, Norwood, Sheperd, Mitchell and Willis

Absent: None

04R1489 ( 1) 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 Fund, Account and Center Numbers: 2H21 574001 R21E0120AZ62 ($375,000.00) (Airport Renewal and Extension Fund) 2H26 574001 R21E0120AZ62 ($125,000.00) (Airport Passenger Facility Charge Fund).

Attendance at the September 01, 2004 meeting of the Zoning Committee was as follows:

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

Absent: Councilmember Smith

04O1291 ( 1) An Ordinance by Zoning Committee to rezone from the R-

Z-04-61 4 (Single Family Residential) District to the R-4A (Single Family Residential) District, property located at 1450 Marion Street, S.E., fronting 214.01 feet on the East side of Marion Street beginning 419 feet North from the Northeast corner of McDonough Road. Depth: 180.26 feet; Area: approximately .88 acre; Land Lot 25, 14^th District, Fulton County, Georgia. Owner: 1450 Custer Avenue Holdings, Inc.; Applicant: David Richardson; NPU-W Council District 1.

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

04O1295 ( 2) An Ordinance by Zoning Committee to rezone from the R-

Z-04-65 5 (Two-Family Residential) District to the PD-H (Planned Development-Housing) District, property located at 573 Johnson Avenue, N.E., fronting approximately 60 feet on the South side of Johnson Avenue beginning 140 feet West from the Southwest corner of Randolph Street. Depth: varies; Area: .74 acre; Land Lot 46, 14^th District, Fulton County, Georgia. Owner: Byron D. Washington; Applicant: William L. Stephenson; NPU-M Council District 2.

04O1300 ( 3) An Ordinance by Zoning Committee to rezone from the R-

Z-04-71 5 (Two-Family Residential) District to the RG-3 (Residential General-Sector 3) District, property located at 88 Lucy Street, S.E., fronting 50 feet on the Northeast side of Lucy Street beginning 49.58 feet Northwesterly from the Northeast corner of Todd Street. Depth: 128.09 feet; Area: 0.14 acre; Land Lot 45, 14^th District, Fulton County, Georgia. Owner: Mike Mayers; Applicant: Robert Reed; NPU-M Council District 5.

04O1102 ( 4) An Ordinance by Councilmember Felicia A. Moore

Z-04-74 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 Bankhead Highway to the North, Arlington Circle and Baker Road to the South, Commodore Drive and Twilley Road to the West, and South Elizabeth Place to the East, be change from R-5 (Two-Family Residential) Zoning Classification to R-4A (Single-Family Residential) Classification (Council District 9, NPU-J); and for other purposes.

04O1302 ( 5) An Ordinance by Zoning Committee to rezone from the I-1

Z-04-75 (Light Industrial) District to the LW (Live Work) District, property located at 418 Armour Drive, N.E. (AKA 484 Plasters Avenue, N.E.), fronting 375.55 feet on the Southwesterly side of Armour Drive beginning approximately 401.59 feet Northwesterly from the Northwest corner of Plasters Avenue. Depth: varies; Area: 8.1997 acres; Land Lots 57 & 58, 17^th District, Fulton County, Georgia. Owner: Charles Morais (Berjaya Hotels, LLC); Applicant: Joel A. Digby; NPU-F Council District 7

04O1138 ( 6) An Ordinance by Zoning Committee to rezone from the I-

Z-04-54 1-C (Light Industrial-Conditional) District and the I-2 (Heavy Industrial) District to the LW (Live Work) District, property located at 972-980-990-1000-1022 Marietta Street, N.W. fronting 600.84 feet on the Southwesterly side of Marietta Street beginning approximately 577 feet Northwesterly from the Northwest corner of Jefferson Street (now abandoned). Depth: varies; Area: 4.5921 acres; Land Lot 112, 14^th District, Fulton County, Georgia. Owner: Newport Investment Group, LLC; Applicant: same; By: Carl E. Westmoreland, Jr., Attorney; NPU-E Council District 3

04O0901 ( 7) An Amended Ordinance by Zoning Committee to rezone

Z-04-36 from the RG-2 (Residential General-Sector 2) District to the RG-3 (Residential General-Sector 3) District, property located at 3710 Peachtree Road, N.E. fronting 150 feet on the Northerly side of Peachtree Road beginning at the Northwest corner of Vermont Road. Depth: 300 feet; Area: 1.03 acres; Land Lot 10, 17^th District, Fulton County, Georgia; Owner: Kathryn T. Bridges, Et. Al.; Applicant: 3714 Vermont Associates, LLC; By: Carl E. Westmoreland Jr., Attorney; NPU-B Council District 7

ADOPTED AS AMENDED BY A ROLL CALL VOTE OF 12 YEAS; 0 NAYS

04O0491 ( 8) An Ordinance by Councilmember Debi Starnes as

Z-04-32 Substituted by Zoning Committee to amend the 1982 Zoning Ordinance of the City of Atlanta, as amended, by amending Part 16, Chapter 20C, Section 16-20C.007(5)(a) so as to revise certain development controls within the Martin Luther King, Jr. Landmark District; and for other purposes.

04O0864 ( 9) A Substitute Ordinance by Full Council to amend the

Z-04-59 1982 Zoning Ordinance of the City of Atlanta by amending Chapter 18K. SPI-11 Ashby Station District Regulations and to amend the official zoning map by supplanting existing Zoning Districts SPI-11, R-5, RG-2, RG-2-C, RG-3, RG-3-C, RG-4, C-1, C-1-C, C-2, C-3, I-1, I-2 and I-2-C with said SPI-11 District and to amend Chapter 28A.0010 by adding a new Subsection (48) SPI-11 Ashby Station District; and for other purposes.

Chairperson Young sounded the Caption to 04-O-0864 and noted it was forwarded from committee with a Favorable on Substitute as Amended recommendation. Mr. Young then made a Motion to bring forth a Substitute. It was properly Seconded and the Motion CARRIED by a roll call vote of 12 yeas; 0 nays. The Substitute was before the Council. Mr. Young, subsequently, made a Motion to Adopt on Substitute. It was properly Seconded and the Motion CARRIED by a roll call vote of 10 yeas; 0 nays.

04O1293 (10) An Ordinance by Zoning Committee to rezone from the I-1

Z-04-63 (Light Industrial) District to the C-1 (Community Business) District, property located at 1296-1308 Memorial Drive, S.E., fronting 213.37 feet on the North side of Memorial Drive beginning at the Northeast corner of Dahlgren Street. Depth: varies; Area: 1.165 acres; Land Lot 208, 15^th District, DeKalb County, Georgia. Owner: T. M. Garrett; Applicant: David Green NPU-O Council District 5

04O1121 (11) An Ordinance by Councilmembers Ivory Lee Young, Jr.

NPU-G Council District 9

04O0625 (12) An Ordinance by Zoning Committee to rezone from

Z-04-28 the I-1-C (Light Industrial-Conditional) and R-4 (Single-Family Residential) Districts to the RG-3 (Residential General-Sector 3) District, property located at 1540 Northwest Drive, NW, fronting 252.17 feet on the south side of Northwest Drive, NW beginning 50 feet east from the southeast corner of Nash Road.

Depth: Varies

Area: 5.40 Acres

Land Lot: 261, 17^th District, Fulton County, Georgia

Owner: W. Scott Rankart and Jeff McHarg

Applicant: James R. Bailey

NPU-G Council District 9

03O1999 (13) A Substitute Ordinance by Zoning Committee granting a

U-03-26 Special Use Permit for a Transfer of Excess Development Rights (Section 16-28.023), property is located as follows: Donor property: (Zoned R-4 and RG-3) The Rear of 257-281 Alberta Drive, NE and the Rear of 3290-3304 Mathieson Drive, N.E. property has no frontage on a public street.

Depth: Varies

Area: Approximately 2.5 Acres

Land Lots: 98 & 99, 17^th District, Fulton County,

Georgia

Owner: Various

Applicant: Archstone-Smith Operating Trust

By: Carl E. Westmoreland, Attorney

Recipient Property: (Zoned RG-3) 3301 and 3315 Roswell Road, NE, fronting 494.35 feet on the northeasterly side of Roswell Road beginning approximately 210 feet southeasterly from the southeast corner of Alberta Drive.

Depth: Varies

Area: 4.82 Acres

Land Lots: 98 & 99, 17^th District, Fulton County, Georgia

Owner: Marty Storch

Applicant: Archstone-Smith Operating Trust

By: Carl E. Westmoreland, Attorney

NPU-L Council District 3

04O1390 (15) An Ordinance by Zoning Committee to Grant a Certificate

MRPA-04-01 under the provisions of the Metropolitan River Protection Act for the construction of a Mixed-Residential Development located at 2142 James Jackson Parkway, NW, 78.05 Acres in Land Lots 255, 256, 263 and 264, 17^th District, Fulton County, Georgia.

Owner: Jim Braden

Applicant: Jim Braden

NPU’s -D&G Council District 9

04O1495 ( 1) An Ordinance by Zoning Committee authorizing the installation of Public Art at 600 Peachtree Street pursuant to Chapter 28.025 of the Sign Ordinance of the City of Atlanta Zoning Ordinance; and for other purposes.

04O1553 ( 2) 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.

04O1556 ( 3) 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 520, 528, 530 and 546 Hillside Drive, NW, fronting 413.52 feet on the south side of Hillside Drive 300.26 feet from the southwest corner of North Broadland Road.

Depth: Varies

Area: 5.78 Acres

Land Lot: 139, 17^th District, Fulton County, Georgia

NPU-A Council District 8

04R1619 ( 1) A Resolution by Councilmembers Mary Norwood, Anne Fauver, Jim Maddox, Ceasar C. Mitchell, Joyce Sheperd, C. T. Martin, Clair Muller, Debi Starnes, H. Lamar Willis and Ivory Lee Young, Jr. to express the City Council’s support of the City of Atlanta’s partnership with the Georgia Department of Transportation to provide employment opportunities for homeless individuals to maintain State Highways and Interstate Highways within the City limits, through an appropriate agreement between the Georgia Department of Transportation and the City of Atlanta; and for other purposes.

Councilmember Norwood made a Motion to Adopt 04-R-1619. It was properly Seconded and the Motion CARRIED by a roll call vote of 11 yeas; 0 nays.

04R1620 ( 2) A Resolution by Councilmembers Mary Norwood, Ivory Lee Young, Jr., Anne Fauver, Jim Maddox, Ceasar C. Mitchell, Joyce Sheperd, C. T. Martin, Felicia A. Moore, Clair Muller, Howard Shook, Debi Starnes and H. Lamar Willis authorizing the Mayor or her designee to enter into an appropriate agreement with the Georgia Department of Transportation to accept funding in the amount of $350,000.00 for the maintenance of State Highways and Interstate Highways within the City limits, in furtherance of the City’s partnership with Georgia Department of Transportation to provide employment opportunities for homeless individuals; and for other purposes.

Councilmember Norwood made a Motion to Adopt 04-R-1620. It was Seconded by Councilmember Young and the Motion CARRIED by a roll call vote of 10 yeas; 0 nays.