Monday, October 18, 2004

ATLANTA CITY COUNCIL

ACTION/MINUTES

OCTOBER 04, 2004

The Atlanta City Council held its Regularly Scheduled Meeting on Monday, October 04, 2004.  The Meeting convened at 1:15 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. 

Attendance:

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

*Arrival Time: - indicates arrival after convening roll call.

Councilmembers Shook and Maddox were absent.

INVOCATION:  Sister Jane Gerety, Sr. Vice-President of Saint Joseph's Health System gave the invocation.

PLEDGE OF ALLEGIANCE:  In unison, lead by Councilmember Ivory Lee Young, Jr., 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 20, 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 October 04, 2004 meeting was ADOPTED without objection.

COMMUNICATIONS

Council President Lisa M. Borders Presided

COMMUNICATIONS

04C1738 ( 1)            A Communication by Councilmembers Felicia A. Moore, Council District 9; C. T. Martin, Council District 10; Jim Maddox, Council District 11; Joyce M. Sheperd, Council District 12 and H. Lamar Willis, Post 3 At-Large recommending Ms. Corliss Claire to serve as a member of the Private Property Vending Policy and Advisory Committee.

FILED WITHOUT OBJECTION

04C1739 ( 2)            A Communication by Mayor Shirley Franklin re-appointing Mr. John M. Turner, Jr. to serve as a Taxicabs & Vehicles for Hire Hearing Officer for the City of Atlanta.  This re-appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

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

04C1740 ( 3)            A Communication by Mayor Shirley Franklin re-appointing Mr. Rollin H. Carter to serve as a Taxicabs & Vehicles for Hire Hearing Officer for the City of Atlanta.  This re-appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

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

04C1741 ( 4)            A Communication by Mayor Shirley Franklin re-appointing Ms. Rosel J. Fann to serve as a Taxicabs & Vehicles for Hire Hearing Officer for the City of Atlanta.  This re-appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

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

04C1742 ( 5)            A Communication by Mayor Shirley Franklin re-appointing Mr. Elder J. Brown to serve as a member of the Atlanta Housing Authority Board of Commissioners on behalf of the City of Atlanta.  This re-appointment is for a term of one (1) year, scheduled to begin on the date of Council confirmation.

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

Council President Lisa M. Borders Presided

COMMUNICATIONS  (CONT'D)

04C1743 ( 6)            A Communication by Mayor Shirley Franklin appointing Ms. Carol A. Jackson to serve as a member of the Atlanta Housing Authority Board of Commissioners on behalf of the City of Atlanta.  This appointment is for a term of one (1) year, scheduled to begin on the date of Council confirmation.

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

04C1744 ( 7)            A Communication by Mayor Shirley Franklin re-appointing Ms. Eva Davis to serve as a member of the Atlanta Housing Authority Board of Commissioners on behalf of the City of Atlanta.  This re-appointment is for a term of one (1) year, scheduled to begin on the date of Council confirmation.

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

04C1745 ( 8)            A Communication by Mayor Shirley Franklin appointing Ms. Tanya Mitchell to serve as a member of the Perry-Bolton Neighborhood Advisory Board in the NPU-J Category for the City of Atlanta.  This appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

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

04C1746 ( 9)            A Communication by Mayor Shirley Franklin appointing Mr. Nathaniel Clark to serve as a member of the Supplemental Environmental Projects (SEP) Advisory Committee on behalf of the City of Atlanta.  This appointment is for a term of two (2) years and does not require Council Confirmation, and thus scheduled to begin on the above mentioned date.

FILED WITHOUT OBJECTION

04C1747 (10)            A Communication by Mayor Shirley Franklin appointing Ms. Buszeda B. Hudson to serve as a member of the Supplemental Environmental Projects (SEP) Advisory Committee on behalf of the City of Atlanta.  This appointment is for a term of one (1) year and does not require Council Confirmation, and thus scheduled to begin on the above mentioned date.

FILED WITHOUT OBJECTION

Council President Lisa M. Borders Presided

COMMUNICATIONS  (CONT'D)

04C1748 (11)            A Communication by Mayor Shirley Franklin appointing Ms. Corliss Claire to serve as a member of the Keep Atlanta Beautiful Board of Directors for the City of Atlanta.  This appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

REFERRED TO CITY UTILITIES COMMITTEE AND COMMITTEE ON COUNCIL WITHOUT OBJECTION

04C1766 (12)            A Communication by Councilmembers Felicia A. Moore, District 9; C. T. Martin, District 10; Jim Maddox, District 11; Joyce Sheperd, District 12 and H. Lamar Willis, Post 3- At Large appointing Mr. John Craft to the City of Atlanta's TelePAC Policy and Advisory Committee.

            FILED WITHOUT OBJECTION

04C1767 (13)            A Communication by Councilmembers Carla Smith, Council District 1; Debi Starnes, Council District 2 and Ceasar C. Mitchell, Post 1-At Large appointing David Payne to the Zoning Review Board.

            REFERRED TO ZONING COMMITTEE AND COMMITTEE ON COUNCIL WITHOUT OBJECTION

VETOED LEGISLATION

Council President Lisa M. Borders Presided

VETOED LEGISLATION

NONE

UNFINISHED BUSINESS

Council President Lisa M. Borders Presided

UNFINISHED BUSINESS

04-O-1369 ( 1)            An Ordinance by Councilmembers Clair Muller, Carla Smith, Mary Norwood and Ivory L. Young, Jr. as Amended by City Utilities Committee to rename segments of the following streets to Ivan Allen, Jr. Boulevard in honor of former Mayor Ivan Allen, Jr.: Ralph McGill Boulevard from Peachtree Street to West Peachtree Street; Alexander Street from West Peachtree Street to Luckie Street; Jones Avenue from Luckie Street to Simpson Street; and Simpson Street from Jones Avenue to Northside Drive; to provide funding therefore; and for other purposes.  (Public Hearing held 8/31/04)

Municipal Clerk Rhonda Dauphin Johnson sounded the caption to 04-O-1369 and noted at the Regularly Scheduled meeting of September 20, 2004, Councilmember Muller made a Motion for the item to remain on the Table.  During this meeting, Councilmember Muller made a Motion to remove the ordinance from the Table.  It was properly Seconded and the Motion CARRIED by a roll call vote of 10 yeas; 0 nays.  04-O-1369 was then before Council.  Following, Ms. Muller made a Motion to Refer the item back to the City Utilities Committee.  It was properly Seconded and a brief discussion ensued, during which, Council reconsidered the Motion to remove 04-O-1369 from the Table.  The Motion was then CARRIED by a roll call vote of 13 yeas; 0 nays.  The ordinance was before the Council.  Councilmember Muller was recognized and made a Motion to Refer the item back to the City Utilities Committee.  It was properly Seconded and the Motion CARRIED by a roll call vote of 13 yeas; 0 nays.

REFERRED AS AMENDED TO CITY UTILITIES COMMITTEE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

UNFINISHED BUSINESS  (CONT'D)

04-O-1428 ( 2)            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.

Municipal Clerk Rhonda Dauphin Johnson sounded the caption to 04-O-1428 and noted it was Tabled at the Regularly Scheduled meeting of September 20, 2004 by Councilmember Smith.  During this meeting, Councilmember Smith made a Motion to remove the ordinance from the Table.  It was properly Seconded and the Motion CARRIED by a roll call vote of 13 yeas; 0 nays.  04-O-1428 was then before Council.  Following, Ms. Smith made a Motion to Adopt.  It was properly Seconded and the Motion CARRIED by a roll call vote of 13 yeas; 0 nays.

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

CONSENT AGENDA

SECTION I

Council President Lisa M. Borders Presided

CONSENT AGENDA

There was no separate discussion of the following items with the exception of items 04-O-1587, 04-O-1588, 04-O-1589, 04-O-1591, 04-O-1592, 04-O-1252 and 04-O-1254 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: 13 Yeas: Councilmembers Smith, Starnes, Young, Winslow, Archibong, Fauver, Muller, Moore, Martin, Sheperd, Mitchell, Norwood and Willis 0 Nays.

SECTION I

ORDINANCES FOR SECOND READING

CITY UTILITIES COMMITTEE

HOWARD SHOOK, CHAIR

04-O-1418 ( 1)            An Ordinance by Councilmember Felicia A. Moore as Substituted by City Utilities Committee to waive the sidewalk requirements of Section 15-09.003 of the City of Atlanta Code of Ordinances to provide the certain subdivisions SD-04-11 (614 Woods Drive) applicant deposit a dollar amount ($7,000.00), SD-04-29 (2442 Claude Street) applicant deposit a dollar amount ($3,290.00) and (2430 Claude Street) applicant deposit a dollar amount ($4,240.00) equal to the value of the required sidewalk construction into a designated Trust Fund Account for District 9; and for other purposes.

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

04O1441 ( 2)            An Ordinance by Councilmember Debi Starnes as Amended by City Utilities Committee to abandon the following portions of property, being more specifically described in the attached Exhibits "A," "B," "C" and "D," and the survey attached as Exhibit "E" (1) Lovejoy Street from Simpson Street to West Peachtree Place; (2) Lovejoy Street from West Peachtree Place to Alexander Street; (3) Simpson Street from Lovejoy Street to Centennial Park Drive; and (4) West Peachtree Place from Alexander Street to Centennial Park Drive, said property lying and being in Land Lots 78 and 79 of District 14, Fulton County, Georgia; and for other purposes.  (Public Hearing held 9/14/04)

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT'D)

SECTION I  (CONT'D)

ORDINANCES FOR SECOND READING  (CONT'D)

CITY UTILITIES COMMITTEE  (CONT'D)

HOWARD SHOOK, CHAIR

04O1565 ( 3)            An Ordinance by City Utilities Committee to authorize the construction of a sanitary sewer extension to serve residences along Roxboro Drive, located in Land Lot 8 of the 17^th District, City of Atlanta, Fulton County, Georgia; and for other purposes.  (Public Hearing held 9/28/04)

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

04O1567 ( 4)            An Ordinance by City Utilities Committee to abandon that portion of Holly Street, NW located from approximately 210 feet north of Tenth Street to approximately 210 feet north consisting of .236 acre, more or less and being more specifically described in the attached Exhibit "A" lying and being in Land Lot 107 of the 17^th District, Fulton County, Georgia; and for other purposes.  (Public Hearing held 9/28/04)

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

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

CEASAR C. MITCHELL, CHAIR

04O0438 ( 5)            An Ordinance by Councilmember Ceasar C. Mitchell to amend Section 22(b) of the Atlanta Housing Code and Section 17-901 (a), Chapter 9, Public Nuisances, of the Code of Ordinances so as to provide safe and sanitary housing; and for other purposes.

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

04-O-1507 ( 6)            An Amended Ordinance by Community Development/

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

UEZ-03-07            Redevelopment Housing Enterprise Zone"; and for other purposes.  (Public Hearing held 9/27/04)

NPU-V                                     Council District 4

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT'D)

SECTION I  (CONT'D)

ORDINANCES FOR SECOND READING  (CONT'D)

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE  (CONT'D)

CEASAR C. MITCHELL, CHAIR

04O1559 ( 7)            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.  (CDP Amendment Public Hearing held 9/27/04)

NPU-Citywide                         Council District; Citywide

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

04O1572 ( 8)            A Substitute 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 $600,000.00 for a three (3) year period to be charged to and paid from the Consultant Professional Services Tree Removal Protection Account Number 3P02 524001 N12P0613QNAO; to transfer from appropriations to appropriations $600,000.00 so as to fund the services of a contractor for the maintenance of a Healthy Tree Canopy Program on behalf of the Department of Parks, Recreation and Cultural Affairs, Bureau of Parks; and for other purposes.

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT'D)

SECTION I  (CONT'D)

ORDINANCES FOR SECOND READING  (CONT'D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

H. LAMAR WILLIS, CHAIR

04O1587 ( 9)            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.

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

SEE PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE REPORT

04O1588 (10)             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.

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

SEE PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE REPORT

04O1589 (11)            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.

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

SEE PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE REPORT

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT'D)

SECTION I  (CONT'D)

ORDINANCES FOR SECOND READING  (CONT'D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT'D)

H. LAMAR WILLIS, CHAIR

04O1591 (12)            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.

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

SEE PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE REPORT

04O1592 (13)            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.

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

SEE PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE REPORT

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT'D)

SECTION I  (CONT'D)

ORDINANCES FOR SECOND READING  (CONT'D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT'D)

H. LAMAR WILLIS, CHAIR

04O1252 (14)            An Ordinance by Councilmember Anne Fauver to amend Chapter 10, Article 1, Section 10-1 of the Code of Ordinances, City of Atlanta, Georgia so as to amend the definition of "Nightclub" contained within said Section; to add a definition for "Bar" as a new category of licensed establishment for consumption on premises; to delete Sections 10-2 through 10-14 and to replace those Sections as provided in order to delete certain obsolete Sections of the Code, to clarify certain Sections and to reorganize the provisions; and for other purposes. 

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

SEE PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE REPORT

04O1254 (15)            An Ordinance by Councilmember Anne Fauver as Amended by Public Safety and Legal Administration Committee to amend Chapter 10 of the Code of Ordinances of the City of Atlanta, Georgia so as to amend Section 10-48 to prescribe a new process for applying for a license to sell alcoholic beverages; and for other purposes. 

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

SEE PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE REPORT

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT'D)

SECTION I  (CONT'D)

ORDINANCES FOR SECOND READING  (CONT'D)

TRANSPORTATION COMMITTEE

FELICIA A. MOORE, CHAIR

04O1582 (16)            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.

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

FINANCE/EXECUTIVE COMMITTEE

DEBI STARNES, CHAIR

04O1728 (17)            An Ordinance by Councilmembers Howard Shook and Debi Starnes as Substituted by Finance/Executive Committee establishing the 2004 (Water and Wastewater Bond Fund) Budget by anticipating and appropriating Proceeds, Premiums, Capitalized Interest, Project Accounts and Costs of Issuances in the amount of $892,879,150.85 to fund various Consent Decree and Consent Order Projects; and for other purposes.

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

04O1732 (18)            An Ordinance by Councilmember Debi Starnes to waive the building permit fees for the 24/7 Gateway Center for the homeless, on City-owned property at 236 Peachtree Street.

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT'D)

SECTION I  (CONT'D)

RESOLUTIONS

CITY UTILITIES COMMITTEE

HOWARD SHOOK, CHAIR

04-R-1655 ( 1)            A Resolution by City Utilities Committee authorizing the Mayor or designee to issue a Notice to Proceed with Arcadis/Brindley Pieters & Associates, a Joint Venture, for FC-7619-03A, Annual Contract for Architectural and Engineering Services to provide Howell Mill Road Improvements on behalf of the Department of Public Works in an amount not to exceed $85,688.34.  All contracted work shall be charged to and paid from Fund, Account and Center Number:  1C33 574001 M22F013992BA (1994 Referendum G. O. Bond Fund).

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

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

CEASAR C. MITCHELL, CHAIR

04R1421 ( 2)            A Resolution by Councilmembers Joyce M. Sheperd, Ceasar C. Mitchell and H. Lamar Willis amending the scope of work for CD-648 Arthur Langford Recreation Center and authorizing the Mayor to submit a Program Amendment to the U.S. Department of Housing and Urban Development to reflect the change in the Scope of Work; and for other purposes. 

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

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

H. LAMAR WILLIS, CHAIR

04-R-1668 ( 3)            A Resolution by Public Safety and Legal Administration Committee authorizing the Atlanta Fire Department to negotiate a lease with Fulton County for Fire Station #39; to lease Fire Station #39; to negotiate and enter into an automatic response agreement with Fulton County; and for other purposes.

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT'D)

SECTION I  (CONT'D)

RESOLUTIONS  (CONT'D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (            CONT'D)

H. LAMAR WILLIS, CHAIR

04-R-1719 ( 4)            A Resolution by Public Safety and Legal Administration Committee authorizing the City Attorney to enter into a settlement with a condemnee in the matter of the City of Atlanta vs. Pace Academy, Inc. et. al., Civil Action File No. 2003-CV-73575 pending in the Superior Court of Fulton County; to authorize the payment in an amount not to exceed $4,000.00, to be paid from FAC No. 2J27(2001 Bond Fund) 572001 (Easements) Q38I2429999 (Nancy Creek Sewer) and for other purposes.

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

04R1487 ( 5)            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, $48,630.00 in grant funds from the Office of Domestic Preparedness State Homeland Security Grant Program FY04 in support of the Atlanta Citizens Emergency Response Team (ACERT) to train over 200 Atlanta residents and workers in the City's Business Districts in Emergency Preparedness and in basic response techniques sufficient to sustain themselves for up to 72 hours, or until help arrives.

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

04R1624 ( 6)            A Resolution by Councilmember H. Lamar Willis authorizing the Mayor or her designee to accept a donation of three electronic scanners and related equipment from GT Smart to the Atlanta Police Department for use in identifying false identifications; and for other purposes.

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT'D)

SECTION I  (CONT'D)

RESOLUTIONS  (CONT'D)

TRANSPORTATION COMMITTEE

FELICIA A. MOORE, CHAIR

04-R-1673( 7)            A Resolution by Transportation Committee authorizing the Mayor or her designee to apply for and to execute all grant agreements offered to the City of Atlanta by the Transportation Security Administration (TSA) for Security Projects at Hartsfield-Jackson Atlanta International Airport during the Federal Fiscal Year, October 1, 2004, through September 30, 2005; and for other purposes.

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

04R1674 ( 8)            A Resolution by Transportation Committee authorizing the Mayor or her designee to apply for and to execute all grant agreements offered to the City of Atlanta by the Federal Aviation Administration (FAA) for Projects at Hartsfield-Jackson Atlanta International Airport during the Federal Fiscal Year, October 1, 2004, through September 30, 2005 subject to the availability of matching funds in the Airport Budget; and for other purposes.

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

04R1675 ( 9)            A Resolution by Transportation Committee authorizing the Mayor or her designee to execute Amendment No. 9 to the CPTC Lease with Atlantic Southeast Airlines, Inc., ("ASA") which shall provide for the lease and renovation of the former Eastern Airlines Ionosphere Club and the lease and renovation of additional space in Concourse C North Apron Level for Lower Level Passenger Holdroom Space, the reimbursement to ASA by the City of the Concourse C North Renovation Projects costs incurred by ASA and memorializing the increase in rental for the reimbursement for a City investment not to exceed $20,000,000.00, to be charged to and paid from Various Fund, Account and Center Numbers; and for other purposes.

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT'D)

SECTION I  (CONT'D)

RESOLUTIONS  (CONT'D)

TRANSPORTATION COMMITTEE  (CONT'D)

FELICIA A. MOORE, CHAIR

04R1491 (10)            A Resolution by Transportation Committee authorizing the Mayor or her designee to execute an amendment to Contract FC-7102-99, with Camp, Dresser and McKee, Inc. (CDM), for Comprehensive Environmental Services to the Department of Aviation at Hartsfield-Jackson Atlanta International Airport, which shall authorize additional funding for services under the Contract and shall authorize the Aviation General Manager to issue task authorizations for a total additional cost to the City under said Contract as amended not to exceed $2,530,000.00, to be paid from Fund, Account and Center Number:  2H21 524001 R21E10409999; and for other purposes.

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

FINANCE/EXECUTIVE COMMITTEE

DEBI STARNES, CHAIR

04R1659 (11)            A Resolution by Finance/Executive Committee authorizing a refund for overpayment of Business License Fees to Primary Capital Advisors, LC Account #045934LGB in the amount of $18,004.00; said refund is to be charged to and paid from Fund, Account and Center Number 1A01 529010 T31001 (General Fund-Refunds-Unallocated Fund-Wide Expenses); and for other purposes.

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

04R1660 (12)            A Resolution by Finance/Executive Committee authorizing a refund for overpayment of Business License Fees to Atlanta Hawks, LP, Account #003990LGB in the amount of $66,631.59; said refund is to be charged to and paid from Fund, Account and Center Number 1A01 529010 T31001 (General Fund-Refunds-Unallocated Fund-Wide Expenses); and for other purposes.

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT'D)

SECTION I  (CONT'D)

RESOLUTIONS  (CONT'D)

FINANCE/EXECUTIVE COMMITTEE  (CONT'D)

DEBI STARNES, CHAIR

04R1661 (13)            A Resolution by Finance/Executive Committee authorizing a refund for overpayment of Business License Fees to Atlanta Hockey Club, Inc. Account #068928LGB in the amount of $26,896.39; said refund is to be charged to and paid from Fund, Account and Center Number 1A01 529010 T31001 (General Fund-Refunds-Unallocated Fund-Wide Expenses); and for other purposes.

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

04R1662 (14)            A Resolution by Finance/Executive Committee authorizing a refund for overpayment of Business License Fees to Turner Arena Operations, Inc. Account #065507LGB in the amount of $57,033.21; said refund is to be charged to and paid from Fund, Account and Center Number 1A01 529010 T31001 (General Fund-Refunds-Unallocated Fund-Wide Expenses); and for other purposes.

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

04R1663 (15)            An Amended Resolution by Finance/Executive Committee authorizing a refund for overpayment of Business License Fees to AGAVE Account #085557TBD in the amount of $8,768.53; said refund is to be charged to and paid from Fund, Account and Center Number 1A01 529010 T31001 (General Fund-Refunds-Unallocated Fund-Wide Expenses; and for other purposes.

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

04R1664 (16)            A Resolution by Finance/Executive Committee authorizing a refund for overpayment of Business License Fees to the Sembler Company Account #054313LGB; in the amount of $18,142.53; said refund is to be charged to and paid from Fund, Account and Center Number 1A01 529010 T31001 (General Fund-Refunds-Unallocated Fund-Wide Expenses; and for other purposes.

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT'D)

SECTION I  (CONT'D)

RESOLUTIONS  (CONT'D)

FINANCE/EXECUTIVE COMMITTEE  (CONT'D)

DEBI STARNES, CHAIR

04R1665 (17)            A 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 ten (10) 360 Desktops and ten (10) 1703FP Monitors on behalf of the Department of Aviation, in an amount not to exceed $23,980.00.  All contracted work shall be charged to and paid from Fund, Account and Center Number: 2H21 521105 R47001, Airport Revenue & Extension Fund.

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

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

H. LAMAR WILLIS, CHAIR

Claims with favorable recommendations:

04R1613 ( 1)            Claim of Kathryn E. Shields, as Substituted by Public Safety and Legal Administration Committee for damages alleged to have been sustained when a vehicle drove over a construction site that was left open and in an unsafe condition on February 19, 2004 at West Paces Ferry Road, NW and Moores Mill Road, NW.              $591.63

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

04R1676 ( 2)            Claim of Rhomell Juanita Wyatt, for damages alleged to have been sustained as a result of storm water overflows between 2002 and 2004 at 1144 Fair Street, SW.

                        $850.00

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

04R1677 ( 3)            Claim of Lionel W. De Silvia, for damages alleged to have been sustained as a result of an automobile accident on August 26, 2004 at 486 Ponce de Leon Avenue.

                        $1,533.96

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT'D)

SECTION I  (CONT'D)

RESOLUTIONS/CLAIMS  (CONT'D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT'D)

H. LAMAR WILLIS, CHAIR

Claims with favorable recommendations:  (Cont'd)

04R1678 ( 4)            Claim of Laordice W. Pryor, for damages alleged to have been sustained as a result of damage to a mailbox on August 11, 2004 at 1245 Shore Drive, SW.

                        $750.00

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

04R1679 ( 5)            Claim of Paul Biniasz, for damages alleged to have been sustained as a result of damage to a gate struck by a city vehicle on November 25, 2003 at 815 Donald Lee Hollowell Parkway.

                        $800.00

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

04R1680 ( 6)            Claim of Lavonia McIntyre, for damages alleged to have been sustained from several sewer backups between December 1996 and June 1997 at 1760 South Gordon Street, SW.

                        $4,405.50

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

04R1681 ( 7)            Claim of Automotive Rentals, Inc. as subrogee of the State of Georgia, for damages alleged to have been sustained as a result of an automobile accident on July 6, 2004 at Moreland Avenue, SE and Eastland Avenue, SE.

                        $1,196.40

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

04R1682 ( 8)            Claim of Catherine Smalls, for damages alleged to have been sustained from an automobile accident on July 6, 2004 at Moreland Avenue, SE and Eastland Avenue, SE.

                        $2,987.42

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT'D)

SECTION I  (CONT'D)

RESOLUTIONS/CLAIMS  (CONT'D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT'D)

H. LAMAR WILLIS, CHAIR

Claims with favorable recommendations:  (Cont'd)

04R1718 ( 9)            Claim of Joby Cheesman, for damages alleged to have been sustained as a result of vehicular damage on July 7, 2004 at 3941 Rosehill Court.

                        $1,014.63

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

Claims with unfavorable recommendations:

04R1683 (10)            Claim of Brookwood Park Condominium Association, Inc. through its attorney, Marilyn M. Ratzel, for damages alleged to have been sustained as a result of the overflow of Tanyard Creek on September 21, 2002 at 130 26^th Street, NW.

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

04R1684 (11)            Claim of Norman Smith, for damages alleged to have been sustained when a vehicle drove over a curb and struck a ruptured light pole base in October, 2002 at 1065 Ralph D. Abernathy Boulevard, SW.

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

04R1685 (12)            Claim of Thomas W. Preston, for vehicular damages allegedly sustained when an automobile struck a manhole cover that was displaced by the vehicle which preceded it on September 15, 2003 at Lenox Road, NE and Kingsboro Road, NE.

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT'D)

SECTION I  (CONT'D)

RESOLUTIONS/CLAIMS  (CONT'D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT'D)

H. LAMAR WILLIS, CHAIR

Claims with unfavorable recommendations:  (Cont'd)

04R1686 (13)            Claim of GEICO Direct as subrogee of Roger Dupuis, for vehicular damage allegedly sustained when a limb fell during a tree removal process and struck a parked vehicle across the street on July 11, 2003 at 204 Peachtree Battle Avenue, NE.

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

04R1687 (14)            Claim of Laurie Kole through her attorney, Matthew J. Schiller, for damages alleged to have been sustained as a result of a fall at the Philips Arena on January 8, 2004.

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

04R1688 (15)            Claim of Robert W. West, for damages alleged to have been sustained as a result of the construction of the Nancy Creek Sewer Tunnel on an undisclosed date at 1164 Bluffhaven Way.

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

04R1689 (16)            Claim of Michael L. Locklear through his insurance carrier, Metlife Auto & Home, for damages alleged to have been sustained as a result of a vehicular accident on April 7, 2004 at Boulevard and Confederate Avenue.

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

04R1690 (17)            Claim of Patricia F. Smith through her attorney, Dixon James, for damages alleged to have been sustained as a result of a fall at the Philips Arena on January 7, 2004.

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT'D)

SECTION I  (CONT'D)

RESOLUTIONS/CLAIMS  (CONT'D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT'D)

H. LAMAR WILLIS, CHAIR

Claims with unfavorable recommendations:  (Cont'd)

04R1691 (18)            Claim of Katina Henderson through her insurance carrier, State Farm Insurance Companies, for damages alleged to have been sustained as a result of an undisclosed event on April 22, 2004 at an undisclosed location.

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

04R1692 (19)            Claim of John L. Johnson, for damages alleged to have been sustained as a result of the construction of the Nancy Creek Sewer Tunnel on an undisclosed date at 1140 Bluffhaven Way.

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

04R1693 (20)            Claim of Douglas E. Sheaffer, for damages alleged to have been sustained as a result of the construction of the Nancy Creek Sewer Tunnel on January 25, 2004 at 3267 Pine Meadow Road.

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

04R1694 (21)            Claim of Carol Hughes, for damages alleged to have been sustained as a result of the construction of the Nancy Creek Sewer Tunnel in November, 2003 at 3050-18 Margaret Mitchell Drive, NW.

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

04R1695 (22)            Claim of Katrina V. Mabon, for damages alleged to have been sustained as a result of the construction of the Nancy Creek Sewer Tunnel on January 23, 2004 at 4184 Roswell Road.

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT'D)

SECTION I  (CONT'D)

RESOLUTIONS/CLAIMS  (CONT'D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT'D)

H. LAMAR WILLIS, CHAIR

Claims with unfavorable recommendations:  (Cont'd)

04R1696 (23)            Claim of Mikael Pernfors, for damages alleged to have been sustained as a result of the construction of the Nancy Creek Sewer Tunnel on an undisclosed date at 1057 St. James Crossing.

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

04R1697 (24)            Claim of Molly Read Woo, for damages alleged to have been sustained as a result of the construction of the Indian Creek Sewer Tunnel between December, 2002 to July, 2003 at 1022 Canter Road, NE.

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

04R1698 (25)            Claim of Gavin and Kristi Holmes, for damages alleged to have been sustained as a result of the construction of the Indian Creek Sewer Tunnel between February, 2003 through August, 2003 at 1011 Canter Road, NE.

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

04R1699 (26)            Claim of Ramsey Agan, for damages alleged to have been sustained as a result of the construction of the Indian Creek Sewer Tunnel on August 1, 2003 at 3511 Roxboro Road.

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

04R1700 (27)            Claim of Ruth Read, for damages alleged to have been sustained as a result of the construction of the Indian Creek Sewer Tunnel in May, 2003 at 1032 Canter Road, NE.

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT'D)

SECTION I  (CONT'D)

RESOLUTIONS/CLAIMS  (CONT'D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT'D)

H. LAMAR WILLIS, CHAIR

Claims with unfavorable recommendations:  (Cont'd)

04R1701 (28)            Claim of Judith A. Sullivan, for damages alleged to have been sustained as a result of the construction of the Indian Creek Sewer Tunnel between September 7, 2002 to the present at 1040 Canter Road, NE.

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

04R1702 (29)            Claim of M. Joene Sorenson, for damages alleged to have been sustained as a result of the construction of the Indian Creek Sewer Tunnel between April, 2002 to the present at 1005 Crane Road, NE.

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

04R1703 (30)            Claim of Phoenix Loss Control & Recovery, as subrogee of Comcast, for damages alleged to have been sustained during a water main break on June 30, 2004 at 2704 St. Paul Drive.

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

04R1704 (31)            Claim of Anne G. Mellen, for damages alleged to have been sustained as a result of an accident on July 15, 2004 on Brookridge Drive at Orme Park.

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

04R1705 (32)            Claim of Lolita Jupiter, for damages alleged to have been sustained as a result of striking a manhole on July 6, 2004 on Martin Luther King Boulevard and Pryor Street.

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

04R1706 (33)            Claim of Doris Armstrong Daniels, for damages alleged to have been sustained as a result of striking a manhole on August 5, 2004 on Martin Luther King Boulevard and Pryor Street.

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

Council President Lisa M. Borders Presided

CONSENT AGENDA  (CONT'D)

SECTION I  (CONT'D)

RESOLUTIONS/CLAIMS  (CONT'D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE  (CONT'D)

H. LAMAR WILLIS, CHAIR

Claims with unfavorable recommendations:  (Cont'd)

04R1707 (34)            Claim of Julian Boardman, for damages alleged to have been sustained as a result of the construction of the Indian Creek Sewer Tunnel between April and August,  2003 at 955 Canter Road,