ATLANTA CITY COUNCIL

The Atlanta City Council held its Regularly Scheduled Meeting on Monday, September 21, 2004. The Meeting convened at 1:12 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 (15) voting members were present at the Meeting:

PLEDGE OF ALLEGIANCE: In unison, lead by Councilmember Jim Maddox, the Council recited the Pledge of Allegiance to the flag of the United States of America.

REPORT OF THE JOURNAL: Mrs. Rhonda Dauphin Johnson, Municipal Clerk, certified to the Council and the Committee on Council, that the Action/Minutes of the September 07, 2004 Regular Meeting and the September 15, 2004 Special Called 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 20, 2004 meeting was ADOPTED without objection.

04C1730 ( 1) A Communication by Adam L. Smith, Chief Procurement Officer, submitting the August 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.

04C1731 ( 2) A Communication by Michael D. Johnson, Chairperson, Board of Ethics, submitting the nomination of John Marshall, as selected by the six major colleges and universities within the City, to continue to serve as representative on the City of Atlanta’s Board of Ethics.

There was no separate discussion of the following items with the exception of items 04-O-1442, 04-R-1581 and 04-O-1470 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: 14 Yeas: Councilmembers Smith, Starnes, Young, Winslow, Archibong, Fauver, Shook, Muller, Moore, Maddox, Sheperd, Mitchell, Norwood and Willis 0 Nays; with the exception of items 04-O-1442 and 04-R-1581 which a separate vote was taken to record Councilmember’s Mitchell abstention by the following roll call vote: 13 yeas: Smith, Starnes, Young, Winslow, Archibong, Fauver, Shook, Muller, Moore, Maddox, Sheperd, Norwood and Willis 0 Nays; 1 Abstention: Councilmember Mitchell.

SECTION I

ORDINANCES FOR SECOND READING

CITY UTILITIES COMMITTEE

HOWARD SHOOK, CHAIR

04O1500 ( 1) An Amended 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 ( 2) An Amended 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.

SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

CITY UTILITIES COMMITTEE (CONT’D)

HOWARD SHOOK, CHAIR

04O1502 ( 3) An Amended 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 Custer Avenue Sewer Separation Project; and for other purposes.

04O1503 ( 4) An Amended Ordinance by City Utilities Committee amending the 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.

04O1504 ( 5) An Ordinance by City Utilities Committee amending the 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 ( 6) 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.

SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

CITY UTILITIES COMMITTEE (CONT’D)

HOWARD SHOOK, CHAIR

04O1631 ( 7) An Ordinance by Councilmembers Natalyn M. Archibong

*** and Carla Smith to exchange certain areas of existing public right-of-way and accept the dedication of replacement right-of-way to allow the relocation of the Glenwood-Wylie Connector, SE at the intersections of Glenwood Avenue (Land Lot 12 of the 14^th District of Fulton County) necessitated by the realignment of said roadway for intersection improvements; and for other purposes.

04O1470 ( 8) 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 ( 9) An Ordinance by Community Development/Human Resources Committee to correct Ordinance Number 04-O-0337 in Section 1 changing both anticipation and appropriation center numbers; and for other purposes.

SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

04O1513 (10) An Ordinance by Community Development/Human Resources 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.

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

H. LAMAR WILLIS, CHAIR

04O0165 (11) An Ordinance by Councilmember Ceasar C. Mitchell as Substituted by Public Safety and Legal Administration Committee to amend Article XXIV of the City of Atlanta Code of Ordinances, relating to vending on private property; to define certain terms; to place permitting and other affirmative requirements on the promoters, operators, and owners of eliminating the sale of unauthorized sound and audio-visual recordings at flea markets; to provide for the filing and investigation of complaints alleging violations of this article; to repeal conflicting ordinances; and for other purposes.

04O1253 (12) An Ordinance by Councilmember Anne Fauver as Amended (#2) by Public Safety and Legal Administration Committee to amend Chapter 10 of the Code of Ordinances of the City of Atlanta, Georgia so as to provide for payment of fees by certified funds; to require payment of fees with and at the time of filing of an alcohol license application; to provide for refund of overpaid fees or fees paid for licenses not approved; and for other purposes.

SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT’D)

H. LAMAR WILLIS, CHAIR

04O1255 (13) An Ordinance by Councilmember Anne Fauver to amend Chapter 10 of the Code of Ordinances of the City of Atlanta, Georgia so as to change the minimum age for attaining a liquor license to 21; and for other purposes.

04O1256 (14) An Ordinance by Councilmember Anne Fauver to amend Chapter 10 of the Code of Ordinances of the City of Atlanta, Georgia so as to expand the list of counties in which the holder of an alcohol license may be resident as found in Section 10-51; and for other purposes.

04O1259 (15) An Ordinance by Councilmember Anne Fauver to amend Chapter 10 of the Code of Ordinances, City of Atlanta, Georgia so as to delete certain obsolete Sections of the Code; and for other purposes.

04O1431 (16) 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.

SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

DEBI STARNES, CHAIR

04O1442 (17) An Ordinance by Councilmember Cleta Winslow as Substituted by Finance/Executive Committee authorizing the Mayor to execute an Intergovernmental Agreement by and between the Housing Authority of the City of Atlanta, Georgia (The "Authority") and the City of Atlanta pertaining to the performance of certain public improvements by the Authority for the benefit of the City of Atlanta; transferring appropriations in the amount of $7,255,485.00 to fund said public improvements; and for other purposes.

04O1479 (18) 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 (19) 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.

SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

DEBI STARNES, CHAIR

04O1551 (20) A Substitute 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 527005 H11001, General Fund-Auto Allowance - Department of Law; and for other purposes.

04O1552 (21) A Substitute 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 527005 H11001, (Airport Revenue Fund); and for other purposes.

04O1554 (22) An Ordinance by Finance/Executive Committee to amend Article "V" Classification Plan, Section 114-477, of the Code of Ordinances, City of Atlanta, Georgia, so as to abolish, create, reclassify, create new classes, and to provide for above entry authorization of certain positions in Motor Transport Services; and for other purposes.

04O1625 (23) An Ordinance by Councilmember Jim Maddox appropriating the amount of $7,000.00 for the purpose of providing service grants of $3,500.00 each to the Atlanta Peach Carnival, Inc. and the Southern Latino Foundation, Inc.; and for other purposes.

SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

DEBI STARNES, CHAIR

04O1627 (24) An Ordinance by Councilmember Ivory Lee Young, Jr. as Substituted by Finance/Executive Committee correcting errors to adopted Legislation 04-0-0371, adopted by the City Council on April 19, 2004 and approved by the Mayor on April 27, 2004 and Resolution 04-R-1289 approved by City Council on July 19, 2004 and approved by the Mayor on July 22, 2004; and for other purposes.

04O0770 (25) An Ordinance by Councilmembers Jim Maddox and C. T. Martin as Substituted (#2) by Finance/Executive Committee to amend Chapter Two, Article IX, Division 4, of the Code of Ordinances of the City of Atlanta so as to create a new Section 2-992.1; so as to provide for a policy for the selection of Investment Banking Services by the City of Atlanta; to promote a policy of inclusion of Minority, Female and Local Investment Banking Firms.

RESOLUTIONS

CITY UTILITIES COMMITTEE

HOWARD SHOOK, CHAIR

04R1566 ( 1) An Amended Resolution by City Utilities Committee authorizing the Mayor or her designee to enter into an appropriate contractual agreement with Screening Systems International, Inc., for FC-6004007806, Annual Contract for Traveling Screens Service and Repair, on behalf of the Department of Watershed Management in an amount not to exceed $150,670.25. All contracted work shall be charged to and paid from Fund, Account and Center Number: Water & Wastewater Renewal and Extension Fund - 2J21 523001 Q64001.

SECTION I (CONT’D)

RESOLUTIONS (CONT’D)

CITY UTILITIES COMMITTEE (CONT’D)

HOWARD SHOOK, CHAIR

04R1568 ( 2) A Substitute Resolution by City Utilities Committee authorizing the Mayor or designee to enter into an appropriate contractual agreement with Kemi Construction Company, Inc., for FC-6004007803A, Annual Small Water Meters with Backflow Prevention Devices Agreement on behalf of the Department of Watershed Management in an amount not to exceed $4,000,000.00. All contracted work shall be charged to and paid from Various Fund, Account and Center Number(s).

04R1569 ( 3) A Substitute Resolution by City Utilities Committee authorizing the Mayor or her designee to enter into an appropriate contractual agreement with ADS Environmental Services for FC-7710-04, Flow Measurement in Combined Sewers and Separate Sanitary Sewers Project on behalf of the Department of Watershed Management; said contract shall be based on unit prices with the total expenditures under said Contract in an amount not to exceed $1,354,788.95. All contracted work shall be charged to and paid from Fund, Account and Center Number: 2J26 524001 Q38I02239999 (1999 Water and Wastewater Bond Fund).

04R1630 ( 4) A Resolution by Councilmember Felicia A. Moore authorizing the Mayor or her designee to provide an update on the Cost of Service Study (Solid Waste Service Fee) to provide a timeline for amendments to the Code of Ordinances as it relates to fees; and for other purposes.

SECTION I (CONT’D)

RESOLUTIONS (CONT’D)

CITY UTILITIES COMMITTEE (CONT’D)

HOWARD SHOOK, CHAIR

04R1635 ( 5) A Resolution by City Utilities Committee authorizing

*** the Mayor or her designee to amend Resolution Number 04-R-1148 by correcting the Contract amount from $808,607.51 to $883,607.51 in the Resolve Clause and to add a $25,197.26 Contingency Clause to the Agreement; and for other purposes.

04R1650 ( 6) A Resolution by City Utilities Committee authorizing the

*** Mayor or designee to enter into an appropriate contractual agreement with Shaheed Construction Company, Inc. for FC-6004007803B, Annual Small Water Meters with Backflow Prevention Devices Agreement on behalf of the Department of Watershed Management in an amount not to exceed $1,552,500.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: 2J21 574001 Q65101 (Water & Wastewater Renewal and Extension Fund).

04R1571 ( 7) A Resolution by the Community Development/Human Resources Committee authorizing the Mayor to enter into a Contractual Renewal Agreement with Park Pride Atlanta, Inc., for a two (2) year period, in an amount not to exceed $33,000.00 for the purpose of allowing Park Pride Atlanta, Inc. to continue to provide assistance in obtaining citizen and corporate support for the City of Atlanta parks, on behalf of the Department of Parks, Recreation and Cultural Affairs, Bureau of Parks; all expenses shall be charged to and paid from account number 1C22 523001 N12D09B69999; and for other purposes.

SECTION I (CONT’D)

RESOLUTIONS (CONT’D)

04R1632 ( 8) A Resolution by Councilmember Ceasar C. Mitchell as Amended by Community Development/Human Resources Committee to establish a City of Atlanta Parks Technical Advisory Group; and for other purposes.

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

H. LAMAR WILLIS, CHAIR

04R1590 ( 9) A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to apply for and accept a grant from the National Institute of Justice in an amount not to exceed $500,000.00, requiring no Local Match, for a program to solve cold cases with DNA Testing Techniques; and for other purposes.

04R1616 (10) A Resolution by Public Safety and Legal Administration Committee authorizing payment in the amount of $27,103.74 in settlement of the claim of Prudential Property and Casualty Insurance Company as subrogee of Sara Lue Stephens against the City of Atlanta to be charged to and paid from Fund, Account and Center Number: 2P01 (Solid Waste Services) 529017 (Property Liquidation) T31001. (Non-Departmental)

SECTION I (CONT’D)

RESOLUTIONS (CONT’D)

04R1580 (11) A Resolution by Transportation Committee authorizing the Mayor or her designee to execute an amendment to FC-7316-01 Engineering Design Services for Sullivan Road Relocation extending the term of the Contract through December 31, 2004, on behalf of the Department of Aviation.

04R1581 (12) A Resolution by Transportation Committee authorizing the Mayor or her designee to enter into an appropriate Engineering Agreement with Metropolitan Atlanta Rapid Transit Authority ("MARTA") on behalf of the Department of Aviation to establish the role and responsibility of each party as it pertains to the review and approval of engineering design of the Consolidated Rental Car Facility ("CONRAC") Automated People Mover ("APM") System and access roadway crossing of the MARTA right-of-way.

04R1583 (13) A Resolution by Transportation Committee authorizing the Mayor or her designee to execute a reimbursable agreement with Delta Air Lines, Inc. ("Delta"), covering the reimbursement by the City to Delta of certain costs to be incurred by Delta for the design and construction of certain replacement and interim facilities, including but not limited to parking deck construction, relocation of monitoring wells, parking lot design and construction, gas meter relocation and bussing operation at Hartsfield-Jackson Atlanta International Airport in an amount not to exceed $13,050,000.00 to be charged to and paid from Various Fund, Account and Center Numbers.

SECTION I (CONT’D)

RESOLUTIONS (CONT’D)

04R1584 (14) A Resolution by Transportation Committee authorizing the Mayor or her designee to acquire real property and any required relocation of residents and businesses located within the area of the proposed access bridge connecting the existing Hartsfield-Jackson Atlanta International Airport with the Consolidated Rental Car Facility, the properties being located in the Corporate Limits of the City of College Park for a total amount not to exceed $1,700,000.00, to be charged to and paid from Fund, Account and Center Number: 2H26 572001 R21E060796AA (Passenger Facility Charge); and for other purposes.

04R1585 (15) A Resolution by Transportation Committee authorizing the Mayor or her designee to enter into an appropriate contractual agreement with the CSX Transportation, Inc., a Virginia Corporation on behalf of the Department of Aviation to provide design review and approval for projects which encroach upon CSX Transportation, Inc. rights-of-way in an amount not to exceed $25,000.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: 2H26 572001 R21E060796AA (Passenger Facility Charge).

SECTION I (CONT’D)

RESOLUTIONS (CONT’D)

DEBI STARNES, CHAIR

04R1574 (16) A Substitute Resolution by Finance/Executive Committee authorizing the Department of Finance to create Trust Fund Account Center Numbers for the Department of Parks, Recreation, and Cultural Affairs. Bureau of Cultural Affairs, so as to allow for the acceptance of contributions, donations and transfers to allow expenses for public art to be deposited into 3P02 (Trust Fund) 664101 (Private Contribution and Donation) N41S0624QNA0 (Maintenance and Conservation Public Art) and expended from these designated, created Trust Fund Account Center Numbers, 3P02 (Trust Fund) 52**** (Expense Account) and 57**** (Expense Account) N41S0624QNA0, (Maintenance and Conservation of Public Art); and for other purposes.

04R1575 (17) A Substitute Resolution by Finance/Executive Committee authorizing the Mayor or designee to enter into an appropriate contractual agreement with Ultra Telecom, Inc., for FC-7680-04, City of Atlanta Coin Payphone Services, in the Public Right of Way, 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 1A01-462311-B00001 (Commission Fund).

SECTION I (CONT’D)

RESOLUTIONS (CONT’D)

DEBI STARNES, CHAIR

04R1576 (18) A Substitute Resolution by Finance/Executive Committee authorizing the Mayor or her designee to enter into an appropriate renewal agreement with Wayne Evans Auction Company, Inc., for FC-7424-02, Auctioneer and Auctioneering Related Services, on behalf of the Department of Procurement. All revenue generated under this contract shall be deposited into Fund, Account and Center Numbers: 1A01 491101 B00001 (General Fund Sale of Equipment) 2H01 491101 B00001 (Airport Revenue Fund Sale of Equipment) and 3P01 412101 X21Y5209999 (Georgia Sales Tax) and 3P01 491104 J3X02X02419999 (Buyers Premium).

04R1578 (19) A Substitute Resolution by Finance/Executive Committee authorizing the Chief Procurement Officer to utilize the State of Georgia Contract S-030747 with Fisher Scientific Company L.L.C. for the purchase of Fire Fighters Breathing Apparatus and Parts, on behalf of the Department of Fire, in an amount not to exceed $ 50,000.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: 1A01 521105 W43003, (Non Consumable Supplies).

04R1579 (20) A Substitute Resolution by Finance/Executive Committee authorizing the Chief Procurement Officer to utilize the State of Georgia Contract 92-00151 with Dell Marketing L.P. for the purchase of thirty (30) Optiplex GX270 computers, on behalf of Motor Transport Services in an amount not to exceed $37,562.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: 2M01 575001 D45202 (Internal Services).

SECTION I (CONT’D)

RESOLUTIONS (CONT’D)

DEBI STARNES, CHAIR

04R1633 (21) A Resolution by Finance/Executive Committee authorizing the Mayor or designee to enter into a Professional Services Agreement with retired Chief Financial Officer Richard J. Anderson pursuant to City of Atlanta Charter Section 3-505 (A) for a period not to exceed 130 business days; authorizing expenditures under such professional services agreement in an amount not to exceed $100,000.00 to be charged to and paid from 1A01 524001 T31001 (Professional & Consultant Services Non-Departmental); and for other purposes.

04R1653 (22) A Resolution by Finance/Executive Committee authorizing

*** the Mayor or designee to issue a Notice to Proceed with Atlanta Services Group, a Joint Venture, for FC-7619-03B, Annual Contract for Architectural and Engineering Services regarding Environmental/Design work for Pryor Road Multi-use Trail, on behalf of the Department of Planning and Community Development in an amount not to exceed $24,900.00. All contracted work shall be shall charged to and paid from Fund, Account and Center Number: 1C45 574001 Y63F060392BG (2001Quality of Life Fund).

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

H. LAMAR WILLIS, CHAIR

04R1593 ( 1) Claim of Tijuana Malcolm through her attorney, Anton L. Rowe, for damages alleged to have been sustained as a result of wrongfully releasing claimant’s vehicle for sale on August 9, 2004 at Buckhead Towing. $1,000.00

SECTION I (CONT’D)

RESOLUTIONS/CLAIMS (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT’D)

H. LAMAR WILLIS, CHAIR

04R1594 ( 2) Claim of Kwind Turner, for damages alleged to have been sustained as a result of an automobile accident on July 30, 2004 at 713 Ralph David Abernathy Boulevard, SW. $2,045.40

04R1595 ( 3) Claim of Harvey Shifrin, for damages alleged to have been sustained as a result of striking a pothole on February 12, 2004 at 776 Briarcliff Road. $810.32

04R1596 ( 4) Claim of Allstate Insurance Company as subrogee of Jennifer Jones, for damages alleged to have been sustained as a result of an automobile accident on July 15, 2004 at 317 Chester Avenue, SE. $3,667.66

04R1597 ( 5) Claim of State Farm Insurance Company, as subrogee of Kristine Keeton, for damages alleged to have been sustained as a result of striking a pothole on March 18, 2003 at 1936 Piedmont Circle, NE. $1,031.54

04R1598 ( 6) Claim of Brian Mark and Pamela S. Yanni, for damages alleged to have been sustained as a result of an automobile accident on July 28, 2004 at Highland Avenue, NE and University Drive, NE. $676.78

04R1599 ( 7) Claim of Laura Willis, for damages alleged to have been sustained as a result of an automobile accident on May 20, 2004 at 2078 Sumlin Avenue, NW. $4,637.10

SECTION I (CONT’D)

RESOLUTIONS/CLAIMS (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT’D)

H. LAMAR WILLIS, CHAIR

04R1600 ( 8) Claim of Tradeport Management Corp. c/o Richard W. Burkley, for damages alleged to have been sustained as a result of striking an open construction cut on April 23, 2004 at 1261 West Paces Ferry Road. $782.10

04R1601 ( 9) Claim of Encompass Insurance as subrogee of Judge Stanley F. Birch, Jr., for damages alleged to have been sustained as a result of a vehicular accident on April 7, 2004 at Northside Drive and Bishop Street. $4,543.96

04R1602 (10) Claim of Joyce Stafford and Gwendolyn Stafford, for vehicular damages allegedly sustained from driving over a construction metal plate that was left in an unsafe manner on May 4, 2004 at Boulevard, SE and Schuyler Avenue, SE. $2,720.76

04R1603 (11) Claim of Tyrone F. Taylor, for property damages alleged to have been sustained from a storm sewer overflow on December 24, 2002 at 175 Oak Drive, SE. $3,614.00

04R1604 (12) Claim of Luna Printing, Inc., for vehicular damages alleged to have been sustained from an automobile accident on July 26, 2004 at Ralph McGill Boulevard, NE and Glen Iris Drive, NE. $631.25

SECTION I (CONT’D)

RESOLUTIONS/CLAIMS (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT’D)

H. LAMAR WILLIS, CHAIR

04R1605 (13) Claim of Cotton States Insurance as subrogee of Graciela Frecia, for damages alleged to have been sustained as a result of a vehicular accident on January 9, 2004 at Techwood Drive and Fourth Street. $9,968.82

04R1606 (14) Claim of James Tennant, for damages alleged to have been sustained as a result of a vehicular accident on April 5, 2004 at Willis Mill Road and Campbellton Road. $979.51

04R1607 (15) Claim of Don C. Phillips, for damages alleged to have been sustained as a result of a sewer backup on February 16, 2004 at 1818 King Charles Road. $12,881.90

04R1608 (16) Claim of Sanchez Ballard, for damages alleged to have been sustained as a result of driving off the roadway and into a catch basin on August 10, 2004 at 4020 Tell Road.

04R1609 (17) Claim of Anil Patel, owner of Days Inn, for damages alleged to have been sustained as a result of property damage due to a sewer backup on June 13, 2004, at 2788 Forrest Hills Drive.

SECTION I (CONT’D)

RESOLUTIONS/CLAIMS (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT’D)

H. LAMAR WILLIS, CHAIR

04R1610 (18) Claim of William Gajeski, for damages alleged to have been sustained as a result of property damage due to storm water overflow on September 21, 2002 at 280 Pinecrest Road, NE.

04R1611 (19) Claim of Julia Weaver, for damages alleged to have been sustained as a result of an arrest on June 10, 2003 at 2612 Piedmont Road, NE.

04R1612 (20) Claim of Gwendolyn Dumas, for damages alleged to have been sustained as a result of a vehicular accident on March 22, 2004 at Northside Drive and Whitehall Street.

04R1614 (21) Claim of Transportation Properties, Inc. & Forward Air, Inc., through their attorney, Kirby A. Glaze, for damages alleged to have been sustained as a result of destruction of property and violation of property rights on December 30, 2003 at 795 Terrell Mill Road, College Park.

04R1615 (22) Claim of Nationwide Insurance as subrogee of Natosha V. Dukes, for damages alleged to have been sustained during an armed robbery on June 21, 2004 at 487 Lynhaven Drive, SW.

Council President Lisa M. Borders Presided

CONSENT AGENDA

SECTION II

ORDINANCES FOR FIRST READING

CITY UTILITIES COMMITTEE

HOWARD SHOOK, CHAIR

04O1651 ( 3) An Ordinance by City Utilities Committee authorizing

*** an easement in favor of Georgia Power Company for the placement of one (1) electric power pole on north side of Mills Street, between Venable Street and McAfee Street.

Council President Lisa M. Borders Presided

CONSENT AGENDA (CONT’D)

SECTION II (CONT’D)

ORDINANCES FOR FIRST READING (CONT’D)

04O1559 ( 4) An Ordinance by Community Development/Human

CDP-04-33 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 has been purchased by the City as part of the Greenspace Conservation Program from Various Land Use Designations to the "Open Space" Land Use Designation; and for other purposes.

NPU-Citywide Council District; Citywide

04O1557 ( 5) An Ordinance by Community Development/Human

CDP-04-27 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 1298 Donnelly Avenue, SW, from the "Single family Residential" Land Use Designation to the "Low Density Commercial" Land Use Designation; and for other purposes.

NPU-T Council District 4

Council President Lisa M. Borders Presided

CONSENT AGENDA (CONT’D)

SECTION II (CONT’D)

ORDINANCES FOR FIRST READING (CONT’D)

04O1558 ( 6) An Ordinance by Community Development/Human

CDP-04-28 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 930 (a.k.a. 922) Mauldin Street, SE, from the "Industrial" Land Use Designation to the "Low Density Commercial" Land Use Designation; and for other purposes.

NPU-N Council District 5

04O1560 ( 7) An Ordinance by Community Development/Human

CDP-04-29 Resources Committee to amend the Land Use Element of the City of Atlanta 2004-2019 Comprehensive Development Plan (CDP) so as to re-designate property that is located at 616-646 DeKalb Avenue & 40 Cornelia Street, SE, from the "Industrial" Land Use Designation to the "High Density Commercial" Land Use Designation; and for other purposes.

NPU-M Council District 2

Council President Lisa M. Borders Presided

CONSENT AGENDA (CONT’D)

SECTION II (CONT’D)

ORDINANCES FOR FIRST READING (CONT’D)

04O1561 ( 8) An Ordinance by Community Development/Human

CDP-04-34 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 2011 Bolton Road, NW, from the "Low Density Residential" and "Low Density Commercial "Land Use Designations to the "Mixed-Use" Land Use Designation; and for other purposes.

NPU-D Council District 9

04O1562 ( 9) An Ordinance by Community Development/Human

CDP-04-35 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 438 Fraser Street, SE, from the "Medium Density Residential (17-29 Units Per Acre)" Land Use Designation to the "Mixed-Use" Land Use Designation; and for other purposes

NPU-V Council District 5

Council President Lisa M. Borders Presided

CONSENT AGENDA (CONT’D)

SECTION II (CONT’D)

ORDINANCES FOR FIRST READING (CONT’D)

04O1563 (10) An Ordinance by Community Development/Human

CDP-04-36 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 691-699 Donald Lee Hollowell Parkway, NW, from the "Industrial" Land Use Designation to the "Low Density Commercial" Land Use Designation; and for other purposes.

NPU-L Council District 3

04O1564 (11) An Ordinance by Community Development/Human

CDP-04-37 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 1013 & 1015 Donald Lee Hollowell Parkway, NW, from the "Industrial" Land Use Designation to the "Low Density Commercial" Land Use Designation; and for other purposes.

NPU-K Council District 3

04O1572 (12) An Ordinance by Community Development/Human Resources Committee authorizing the Mayor to enter into an agreement with a contractor for the maintenance of a healthy tree canopy in an amount not to exceed $200,000.00 to be paid for from the Tree Trust Fund; and for other purposes.

Council President Lisa M. Borders Presided

CONSENT AGENDA (CONT’D)

SECTION II (CONT’D)

ORDINANCES FOR FIRST READING (CONT’D)

04O1570 (13) An Ordinance by Community Development/Human Resources Committee to change the effective date of creation for the "Pittsburg Redevelopment Housing Enterprise Zone" from January 1, 2004 to January 1, 2005; and for other purposes.

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

H. LAMAR WILLIS, CHAIR

04O1586 (14) An Ordinance by Public Safety and Legal Administration Committee to amend Sections 2-225 and 78-5 and to amend the headings and sub-headings to such Ordinances and to Article II of Chapter 78 to change the name of the Atlanta Fire Department, to further delineate the duties of the department; and for other purposes.

04O1587 (15) An Ordinance by Public Safety and Legal Administration Committee amending the 2004 (Intergovernmental Grant Fund) Budget, Department of Police to anticipate and appropriate a grant in the amount of $235,592.00 to continue and enhance violent crime reduction initiatives in the Vine City/English Avenue Community; and for other purposes.

Council President Lisa M. Borders Presided

CONSENT AGENDA (CONT’D)

SECTION II (CONT’D)

ORDINANCES FOR FIRST READING (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT’D)

H. LAMAR WILLIS, CHAIR

04O1588 (16) An Ordinance by Public Safety and Legal Administration Committee amending the 2004 (Intergovernmental Grant Fund) Budget, Department of Police, by adding to anticipations and appropriations in the amount of $25,000.00 for an award by the Bureau of Alcohol, Tobacco Firearms and Explosives for police overtime incurred while assisting the Bureau in the PSN/HIDTA Task Force; and for other purposes.

04O1589 (17) An Ordinance by Public Safety and Legal Administration Committee to anticipate and appropriate funds in the amount of $40,000.00 from the State of Georgia, Children and Youth Coordinating Council for the continuation of the Underage Drinking Prevention Program in the City of Atlanta.

04O1591 (18) An Ordinance by Public Safety and Legal Administration Committee amending the 2004 (Intergovernmental Grant Fund) Budget, Department of Police, by adding to anticipations and appropriations in the amount of $4,125.00 for Grant Number B02-8-089 with a Local Match of $1,375.00, from the Governor’s Criminal Justice Coordinating Council to fund Anti-Terrorism Training for one official in the Atlanta Police Department; and for other purposes.

Council President Lisa M. Borders Presided

CONSENT AGENDA (CONT’D)

SECTION II (CONT’D)

ORDINANCES FOR FIRST READING (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT’D)

H. LAMAR WILLIS, CHAIR

04O1592 (19) An Ordinance by Public Safety and Legal Administration Committee amending the 2004 (Intergovernmental Grant Fund) Budget, Department of Police, by adding to anticipations and appropriations in the amount of $676,413.00 for the award of the FY2004 Local Law Enforcement Block Grant from the U. S. Department of Justice with a local match of $75,157.00; and for other purposes.

04O1582 (20) An Ordinance by Transportation Committee amending the 2004 (Airport Renewal & Extension Fund) Budget by transferring to and from appropriations the amount of $2,530,000.00 for the purposes of providing adequate funding for the execution of an amendment to Contract FC-7102-99, with Camp, Dresser & McKee, Inc. (CDM) for Comprehensive Environmental Services to the Department of Aviation at Hartsfield-Jackson Atlanta International Airport; and for other purposes.

Council President Lisa M. Borders Presided

CONSENT AGENDA (CONT’D)

SECTION II (CONT’D)

ORDINANCES FOR FIRST READING (CONT’D)

DEBI STARNES, CHAIR

04O1634 (21) An Ordinance by Finance/Executive Committee providing for the issuance of $8,000,000 in Aggregate Principal Amount of City of Atlanta General Obligation Bonds for various purposes, pursuant to and in accordance with amendments to the Constitution of the State of Georgia ratified at the General Election held on November 5, 1968, and proclaimed by the Governor of the State of Georgia on December 13, 1968 (1968 GA. LAWS 1582 to 1584, Inclusive, and 1586 to 1587 Inclusive).

Attendance at the September 20, 2004 meeting of the Committee on Council was as follows:

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

Absent: Councilmember Starnes

Council President Lisa M. Borders Presided

CITY UTILITIES COMMITTEE (1)

HOWARD SHOOK, CHAIR

Attendance at the September 14, 2004 meeting of the City Utilities Committee was as follows:

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

Absent: None

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

Council President Lisa M. Borders Presided

CITY UTILITIES COMMITTEE (2)

HOWARD SHOOK, CHAIR

04O1466 ( 3) 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.

04R1399 ( 1) 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 September 14, 2004 meeting of the Community Development/Human Resources Committee was as follows:

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

Absent: Councilmember Sheperd

04O1470 ( 1) 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.

04R1573 ( 1) An Amended Resolution by the Community Development/Human Resources Committee authorizing the Mayor to enter into a Loan Funding Agreement with Columbia Heritage, L.P. in an amount not to exceed $850,000.00 for the development and/or construction of Columbia Heritage Senior Residences (formerly known as Columbia Highlands), consisting of 132 units located at 1900 Perry Boulevard, NW, Atlanta, Georgia; and further, the Commissioner of the Department of Planning and Community Development is authorized to sign the necessary documents to close the Home Investment Partnership Funds Loan with Columbia Heritage, L.P.; and for other purposes.

Council President Lisa M. Borders Presided

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (1)

H. LAMAR WILLIS, CHAIR

Attendance at the September 14, 2004 meeting of the Public Safety and Legal Administration Committee was as follows:

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

Absent: Councilmembers Martin, Sheperd and Smith

04O1426 ( 1) An Ordinance by Councilmembers H. Lamar Willis, Ceasar C. Mitchell and Anne Fauver as Substituted by Public Safety and Legal Administration Committee to amend Chapter 150, Article IV, Division 3, Parking Meters of the Code of Ordinances to provide for enforcement; and for other purposes.

04O1623 ( 2) An Ordinance by Councilmember H. Lamar Willis amending Section 98-1 of the City of Atlanta Code of Ordinances to add Parking Enforcement Officers from the Department of Public Works as Special Police Officers and providing for an immediate effective date.

Attendance at the September 15, 2004 meeting of the Transportation Committee was as follows:

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

Absent: Councilmembers Willis, Mitchell and Martin

Attendance at the September 15, 2004 meeting of the Zoning Committee was as follows:

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

Absent: None

04O1428 ( 1) 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.

04O1495 ( 2) 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.

04O1618 ( 3) An Ordinance by Councilmember Howard Shook to place Interim Controls on the accepting of building permits for concrete batch plants for a period not to exceed six months to allow time for the adoption of an amendment to the Zoning Ordinance to update definitions and terms related to concrete batch plants; and for other purposes.

04O1637 (1) An Ordinance by Zoning Committee to rezone from the I-2

Z-04-89 (Heavy Industrial) District to the PD-MU (Planned

*** Development-Mixed Use) District, property located at 890 Glenwood Avenue, SE, fronting 57.26 feet on the north side of Glenwood Avenue beginning at the northwest corner of Glenwood-Wylie Connector. Property also fronts 804.97 feet on the west side of Glenwood-Wylie Connector.

Depth: Varies

Area: 1.56 Acres

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

Owner: Glenwood Park, LLC

Applicant: Glenwood Park, LLC

NPU-W Council District 1

04O1636 (2) An Ordinance by Zoning Committee to rezone from the R-

Z-04-90 5 (Two-Family Residential) District to the RG-3 (Residential

*** General-Sector 3) District, property located at 94 Lucy Street, SE, (a.k.a. 450 Todd Street), fronting 47.65 feet on the east side of Lucy Street beginning at the northeast corner of Todd Street and Lucy Street.

Depth: Varies

Area: 6,563 Square Feet

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

Owner: Capitol Development Group

Applicant: Robert Reed

NPU-M Council District 2

04O1638 (3) An Ordinance by Zoning Committee to rezone from the R-

Z-04-91 1 (Single-Family Residential) District to the PD-H (Planned

*** Development-Housing) District, property located at 4090 Paces Ferry Road, NW (a.k.a. 2035 Garraux Road), fronting 275.6 feet on the south side of Paces Ferry Road beginning 210 feet west from the southwest corner of River Forest Parkway. Property also fronts 199.25 feet on the north side of Garraux Road.

Depth: Varies

Area: Approximately 17.09 Acres

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

Owner: Estate of Rebecca Wight/Cherry Sims

Applicant: Paces Knoll, LLC

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

NPU-A Council District 8

04O1639 (4) An Ordinance by Zoning Committee to rezone from the R-

Z-04-92 4 (Single-Family Residential) District to the PD-H (Planned

*** Development-Housing) District, property located at 2475 Old Hapeville Road, SW, (a.k.a. 120 Pegg Road and 2475 Pryor Road, SW), fronting 139.63 feet on the west side of Old Hapeville Road beginning 419.50 feet south from the southwest corner of Meadow Park Drive. Property also fronts 50 feet on the south terminus of Bagwell Road.

Depth: Varies

Area: 26.53 Acres

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

Owner: Louis P. Gagarosa and Brothers Ventures

By: Sarran Marshall

NPU-Z Council District 12

04O1640 (5) An Ordinance by Zoning Committee to rezone from the R-

Z-04-93 4 (Single-Family Residential) District to the RG-3

*** (Residential General-Sector 3) District, property located at 183 Mt. Zion Road, SE, fronting 824 feet on the south side of Mt. Zion Road beginning approximately 1,021 feet east from the southeast corner of Highbury Trail.

Depth: Varies

Area: 14.4 Acres

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

Owner: Dorothy B. Parham

Applicant: William J. Talley for Capitol Development

NPU-Z Council District 12

04O1641 (6) An Ordinance by Zoning Committee to rezone from the R-

Z-04-95 4 (Single-Family Residential) District to the PD-H (Planned

*** Development-Housing) District, property located at 3115 Browns Mill Road (a.k.a. Humphries Drive and 253 Susy Griffin Road, SE), fronting approximately 90 feet on the west side of Humphries Drive approximately 1,005 feet northeast from the northeast corner of Browns Mill Road. Property also fronts approximately 292 feet on the northeasterly side of Browns Mill Road and approximately 200 feet on the south side of Susy Griffin Road.

Depth: Varies

Area: Approximately 23.15 Acres

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

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

Applicant: Browns Mill Properties, LLC

NPU-Z Council District 12

04O1642 ( 7) An Ordinance by Zoning Committee to rezone from the I-1

Z-04-96 (Light Industrial) District to the PD-MU (Planned

*** Development-Mixed Use) District, property located at 1615 Johnson Road, NW, fronting 1,353.98 feet on the north side of Johnson Road beginning approximately 571 feet west from the southwest corner of Perry Boulevard.

Depth: Varies

Area: 25.5 Acres

Land Lots: 224 & 225, 17^th District, Fulton County, Georgia

Owner: Glenn E. Murer

Applicant: Brock Built, LLS

NPU-G Council District 9

04O1643 (8) An Ordinance by Zoning Committee to rezone from the

Z-04-98 SPI-11 Sub-Area 7 (Ashby Station Special Public Interest-

*** Sub-Area 7 Multi-Family Residential Sub-area) District to the SPI-11 Sub-Area 2 (Ashby Station Special Public Interest-Sub-Area 2 Martin Luther King, Jr. Drive-Ashby Street Commercial Sub-area) District, Property located at 879 T.P. Burruss Sr. Drive, NW (a.k.a. Ashby Place), fronting 80 feet on the north side of T.P. Burrus Drive beginning 307.2 feet east from the northeast corner of Joseph E. Lowery Blvd.

Depth: 100 Feet

Area: 0.184 Acre

Land Lot: 109, 14^th District, Fulton County, Georgia

Owner: Evelyn J. Frazier

Applicant: Evelyn J. Frazier

NPU-T Council District 3

04O1644 (9) An Ordinance by Zoning Committee granting a Special

U-04-16 Use Permit for a Church (Section 16-06A.005 (1)(c)),

*** property located at 1560 Memorial Drive, SE, fronting 166.40 feet on the north side of Memorial Drive beginning 290 feet west of the northwest corner of Dixie Street.

Depth: Varies

Area: 1.808 Acres

Land Lot: 207, 15^th District, DeKalb County, Georgia

Owner: Atlanta Baptist Association

Applicant: Reginald Robbins

NPU-O Council District 5

04O1645 (10) An Ordinance by Zoning Committee granting a Special

U-04-17 Use Permit for a School Athletic Field (Section 16-05.005

*** (1)(k), property located at 3311 & 3325 Rilman Road, NW and the rear of 3250, 3265, 3272, 3282 Wood Valley Road, NW, fronting 300.23 feet on the east side of Rilman Road beginning 4.98 feet south of the southeast corner of Asheworth Court.

Depth: Varies

Area: 7.20 Acres

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

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

Applicant: Pace Academy, Inc.

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

NPU-A Council District 8

04O1646 (11) An Ordinance by Zoning Committee granting a Special

U-04-18 Use Permit for Cement Manufacturing Plant (Section 16-

*** 17.005 (1)(e)), property located at 885 Glenwood Avenue, SE, fronting 267.14 feet on the south side of Glenwood Avenue beginning at the southeast corner of Chester Street.

Depth: Varies

Area: 3.13 Acres

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

Owner: LaFarge Building Materials, Inc.

Applicant: Richard Tyler

NPU-W Council District 1

04O1647 (12) An Ordinance by Zoning Committee granting a Special

U-04-19 Use Permit for a Hotel (Section 16-13.005 (1)(g)), property

*** located at 759 Washington Street (a.k.a. Pollard Blvd.), fronting approximately 437 feet on the west side of Washington Street beginning 563.46 north of the northwest corner of Ormond Street.

Depth: Varies

Area: 1.86 Acres

Land Lot: 75, 14^th District, Fulton County, Georgia

Owner: Bhagyawanti, Inc.

Applicant: Mukesh A. Patel

NPU-V Council District 1

04O1648 (13) An Ordinance by Zoning Committee granting a Special

U-04-20 Use Permit for Special Event for Private Club (East Lake

*** Golf Club) (Section 16-06.005 (1)(d)), property located at 2560 & 2570 Alston Drive, SE (a.k.a. 253, 261, 269 East Lake Drive), fronting 249.47 feet on the north side of Alston Drive beginning at the northwest corner of East Lake Drive. Property also fronts 330.35 feet on west side of East Lake Drive and 247.22 feet on the east side of Club Place.

Depth: Varies

Area: Approximately 1.7 Acres

Land Lot: 181, 15^th District, DeKalb County, Georgia

Owner: Nonami Real Estate, LLC and East Lake Investments, Inc.

Applicant: Charles F. Palmer

NPU-O Council District 5

04O1649 (14) An Ordinance by Zoning Committee to amend U-93-22

U-04-22/U-93-22 Ordinance 93-O-0934 adopted by City Council October 4,

*** 1993 and approved per Section 2-403 on the 1996 Charter and Ordinance 98-O-0081 adopted February 16, 1998 and approved per Section 2-403 on the 1996 Charter for a Special Use Permit for a Private School located at 966 West Paces Ferry Road, NW, for the purposes of approving a Change of Conditions.

Owner: Pace Academy, Inc

Applicant: Pace Academy, Inc.

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

NPU-A Council District 8

Attendance at the September 15, 2004 meeting of the Finance/Executive Committee was as follows:

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

Absent: Councilmember Martin

04O1481 ( 1) 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.

04R1720 ( 1) A Resolution by Councilmembers Ceasar C. Mitchell, C. T. Martin, Jim Maddox, Joyce Sheperd, H. L. Willis, Carla Smith, Mary Norwood, Ivory Lee Young, Jr., Debi Starnes, Felicia A. Moore, Cleta Winslow, Natalyn Archibong, Howard Shook, Clair Muller and Anne Fauver declaring September as prostate cancer awareness month in the City of Atlanta.

04R1721 ( 2) A Resolution by Councilmembers Cleta Winslow, Anne Fauver, Natalyn Archibong, Felicia A. Moore, Ivory Lee Young, Jr., Mary Norwood, Carla Smith, C. T. Martin, H. Lamar Willis, Debi Starnes, Joyce M. Sheperd, Jim Maddox, Carla Smith, Ceasar C. Mitchell and Clair Muller declaring October as breast cancer awareness month in the City of Atlanta.

04R1722 ( 3) A Resolution by Councilmember Jim Maddox to express the intent of the Atlanta City Council to establish a City of Atlanta Human Rights Award; and for other purposes.

04R1723 ( 4) A Resolution by Councilmembers Felicia A. Moore, Cleta Winslow, H. Lamar Willis, Debi Starnes, Natalyn Archibong, Howard Shook, Anne Fauver, Joyce M. Sheperd, Ceasar C. Mitchell, Clair Muller, Jim Maddox, Mary Norwood, Ivory Lee Young, Jr. and Carla Smith denouncing the atrocities committed by the JanJaweed, and urging the Sudanese Government to cut its ties to the militia, responsible, and demand that they disarm; and for other purposes.

04R1724 ( 5) A Resolution by Councilmembers Felicia A. Moore, H. Lamar Willis, Ivory Lee Young, Jr., Howard Shook, Ceasar C. Mitchell, Debi Starnes, Joyce M. Sheperd, Cleta Winslow, C. T. Martin, Clair Muller, Carla Smith, Anne Fauver and Natalyn Archibong expressing the City of Atlanta’s support of the District of Columbia’s right to have its elected representative have full voting rights in the United States House of Representatives; and for other purposes.

04R1725 ( 6) A Resolution by Councilmembers Natalyn M. Archibong, Ceasar C. Mitchell, Ivory Lee Young, Jr., Cleta Winslow and Debi Starnes stating the City of Atlanta’s support for clean indoor air; to commend those establishments that have voluntarily adopted a smoke free environment; and for other purposes.

04O1726 ( 1) An Ordinance by Councilmember Clair Muller to implement left turn restriction from Northside Drive Southbound onto Overbrook Drive from 7:00 a.m. to 10:00 a.m. and right turn restrictions from Collier Road onto Overbrook Drive, Evergreen Lane and Cottage Lane from 3:00 p.m. to 6:00 p. m.; and for other purposes.

REFERRED TO TRANSPORTATION COMMITTEE WITHOUT OBJECTION

04O1727 ( 2) An Ordinance by Councilmember Howard Shook to amend Chapter 10, Article II, Section 10-92(B) of the City of Atlanta Code of Ordinances so as to provide an exemption from the distance requirements for package stores licensed to sell malt beverages and/or wine by the package listed in Section 10.88.1 for an establishment located at 2625 Piedmont Road, Suite 51; and for other purposes.

04O1728 ( 3) An Ordinance by Councilmembers Howard Shook and Debi Starnes establishing the 2004 Water and Wastewater Revenue Bond Fund Budget by anticipating and appropriating bond proceeds, premiums and capitalized interest and costs of issuances in the amount of Eight Hundred Ninety Two Million Eight Hundred Twenty Eight Thousand Four Hundred Forty Nine Dollars and Eighty Five Cents ($892,828,449.85) to fund various consent decree and consent order projects; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

04O1729 ( 4) An Ordinance by Councilmembers Natalyn M. Archibong and Anne Fauver to amend Sections 94-10 and 94-38, Chapter 94 of Article II, Human Relations Commission of the Code of Ordinances of the City of Atlanta so as to authorize the Commission to elect its chairperson; to delete the qualification therefor; and for other purposes.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

04O1732 ( 5) An Ordinance by Councilmember Debi Starnes to waive the building permit fees for the 2417 Gateway Center for the homeless on City-owned property at 236 Peachtree Street.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

04O1734 ( 7) An Ordinance by Councilmember Debi Starnes to exempt Underground Atlanta from certain provisions of the Festival Ordinance because of their entertainment district status.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

04O1735 ( 8) An Ordinance by Councilmembers Debi Starnes, Anne Fauver, Natalyn Archibong, Mary Norwood, Clair Muller, Ceasar C. Mitchell, Howard Shook, Carla Smith, H. L. Willis and Joyce M. Sheperd to amend the City Council’s individual budget requirements so that copying costs are allocated to each Councilmember’s expenses budget.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

ADJOURNMENT

ADJOURNMENT ROLL CALL: Council President Lisa M. Borders (1); Councilmembers Smith, Starnes, Young, Winslow, Archibong, Fauver, Shook, Muller, Moore, Maddox, Sheperd, Mitchell, Norwood and Willis (14); the attendance of Councilmember Martin was not signified upon the adjourning roll call (1).