The Atlanta City Council held its Regularly Scheduled Meeting on Monday, October 18, 2004. The Meeting convened at 1:10 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 Honorable Ceasar C. Mitchell, Council President Pro-Tempore presided a portion of the meeting.

The following (14) voting members were present at the Meeting:

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

REPORT OF THE JOURNAL: Mrs. Rhonda Dauphin Johnson, Municipal Clerk, certified to the Council and the Committee on Council, that the Action/Minutes of the October 04, 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 18, 2004 meeting was ADOPTED. However, there was a Motion by Councilmember Martin to re-order the agenda by moving City Utilities to the first Standing Committee to report. The Motion died due to a lack of a Second. A discussion ensued, in which, Councilmember Martin made the said Motion again. It was Seconded by Councilmember Archibong. Discussion continued, during which, Councilmember Starnes questioned Mr. Martin’s Motion to be Made again. President Borders then ruled Mr. Martin’s Motion in order. After which, Councilmember Starnes was recognized and made a Motion to overrule the Chair. It was properly Seconded followed by another discussion. Thereafter, Councilmember Fauver Called the Question and the Motion CARRIED Without Objection. The Motion to Overrule the Chair was then CARRIED by a roll call vote of 9 yeas; 5 nays. Therefore, the Standing Committees will stand as listed on the Full Council Agenda. Following the vote, Councilmember Smith was recognized and made a Motion that upon receipt of information by the department, a vote will be taken to move the Standing Committee of City Utilities to the forefront. Following, the Motion CARRIED by a roll call vote of 14 yeas; 0 nays.

04C1850 ( 1) A Communication by Mayor Shirley Franklin appointing Marquenta A. Sands to serve as a member of the Local Law Enforcement Block Grant (LLEBG) Advisory Board in the School System category on behalf of the City of Atlanta. This appointment does not require Council confirmation.

FILED WITHOUT OBJECTION

04C1851 ( 2) A Communication by Mayor Shirley Franklin appointing Sabir Khan to serve as a member of the Public Art 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.

04C1852 ( 3) A Communication by Mayor Shirley Franklin appointing Arthur Richardson to serve as a member of the Public Art 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.

04C1853 ( 4) A Communication by Mayor Shirley Franklin appointing Lisa Cremin to serve as a member of the Public Art 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.

04C1854 ( 5) A Communication by Mayor Shirley Franklin appointing Mtamanika Youngblood to serve as a member of the Public Art 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.

04C1855 ( 6) A Communication by Mayor Shirley Franklin appointing the Honorable Deborah Greene to serve as a member of the Local Law Enforcement Block Grant (LLEBG) Advisory Board in the Court System category on behalf of the City of Atlanta. This appointment does not require Council confirmation.

04C1856 ( 7) A Communication by Mayor Shirley Franklin appointing Lev Mills to serve as a member of the Public Art 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.

04C1857 ( 8) A Communication by Mayor Shirley Franklin appointing Jack Portman to serve as a member of the Public Art 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.

04C1858 ( 9) A Communication by Mayor Shirley Franklin appointing Lisa Tuttle to serve as a member of the Public Art 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.

04C1859 (10) A Communication by Mayor Shirley Franklin appointing Gregor Turk to serve as a member of the Public Art 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.

04C1860 (11) A Communication by Mayor Shirley Franklin nominating Aaron Turpeau to serve as a member of the Atlanta Regional Commission Board of Commissioners on behalf of the City of Atlanta. This appointment is to fulfill the remainder of Clara Axam’s unexpired term ending 12/31/05. This nomination does not require Council confirmation.

04C1861 (12) A Communication by Mayor Shirley Franklin appointing Samuel Bacote III to serve as a member of the Atlanta Sister Cities Commission for the City of Atlanta. This appointment is to fulfill the unexpired term of Davilla Davis, whose term expires 9/3/05.

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

04C1862 (13) A Communication by Mayor Shirley Franklin appointing James T. Middlebrooks to serve as a Taxicabs & Vehicles for Hire Hearing Officer for the City of Atlanta. This appointment is for a term of two (2) years; effective upon Council confirmation.

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

04C1863 (14) A Communication by Mayor Shirley Franklin appointing Beverly E. Tucker 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; effective upon Council confirmation.

04C1864 (15) A Communication by Mayor Shirley Franklin appointing James Hiram Malone 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; effective upon Council confirmation.

04C1865 (16) A Communication by Mayor Shirley Franklin appointing Chauncey Robinson 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; effective upon Council confirmation.

04C1866 (17) A Communication by Mayor Shirley Franklin appointing Cassandra Lawson to serve as a member of the Civil Service Board for the City of Atlanta. This appointment is for a term of three (3) years; effective upon Council confirmation.

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

04C1867 (18) A Communication by Mayor Shirley Franklin appointing Cathy Woolard to serve as a member of the Atlanta Downtown Improvement District (ADID) for the City of Atlanta. This appointment is for a term of four (4) years; effective upon Council confirmation.

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

04C1868 (19) A Communication by Mayor Shirley Franklin appointing Helena Mitchell to serve as a member of the Telecommunications Policy and Advisory Committee (TelePAC) for the City of Atlanta. This appointment is for a term of ninety (90) days.

FILED WITHOUT OBJECTION

04C1869 (20) A Communication by Mayor Shirley Franklin appointing Dr. Akua McDaniel to serve as a member of the Public Art 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.

There was no separate discussion of the following items with the exception of items 04-O-1369, 04-R-1764 and 04-R-1765 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 Starnes, Young, Winslow, Archibong, Fauver, Shook, Muller, Moore, Martin, Sheperd, Mitchell, Norwood and Willis 0 Nays.

SECTION I

ORDINANCES FOR SECOND READING

04O1570 ( 1) 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.

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

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

H. LAMAR WILLIS, CHAIR

04O1586 ( 2) A Substitute 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.

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

04O1667 ( 3) An Ordinance by Public Safety and Legal Administration Committee authorizing the acquisition of real properties to construct a new Fire Station No. 13 located at 431 Flat Shoals Avenue, SE in Land Lot 177, of the 15^th District, DeKalb County, Georgia; and for other purposes.

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

SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

04O1669 ( 4) An Ordinance by Transportation Committee to anticipate and appropriate grant funds in the amount of $8,331,046.00 from the Federal Aviation Administration and transfer to and from appropriations in the amount of $2,777,015.00 for the City’s share in Grant Agreement 3-13-0008-66 for the construction of the 5^th Runway (Bridge Structures), Phase 1C; and for other purposes.

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

04O1670 ( 5) An Ordinance by Transportation Committee to anticipate and appropriate grant funds in the amount of $23,340,297.00 from the Federal Aviation Administration and transfer to and from appropriations in the amount of $5,835,074.00 for the City’s share in Grant Agreement 3-13-0008-65, to acquire land for noise compatibility within 70-74 DNL; and for other purposes.

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

04O1671 ( 6) An Ordinance by Transportation Committee to anticipate and appropriate grant funds in the amount of $6,982,300.00 from the Federal Aviation Administration and transfer to and from appropriations in the amount of $2,327,433.00 for the City’s share in Grant Agreement 3-13-0008-63, Letter of Intent (LOI) #1 Payment #5 for the construction of the Commuter Runway and Associated Taxiways; and for other purposes.

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

SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

04O1672 ( 7) An Ordinance by Transportation Committee to anticipate and appropriate grant funds in the amount of $13,000,000.00 from the Federal Aviation Administration and transfer to and from appropriations in the amount of $4,333,333.00 for the City’s share in Grant Agreement 3-13-0008-64, Letter of Intent (LOI) #2 Payment #2 for the extension of the Fifth Runway and Associated Taxiways; and for other purposes.

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

04O1658 ( 8) An Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer to refund $5,660.48 to McClain & Merritt, PC for property taxes paid to the City of Atlanta for property located at 1339 West Wesley Road, Parcel Identification Number 170196LL008; to be charged to and paid from Fund, Account and Center Number: 2P01 529010 T31101 (Solid Waste Services Revenue Fund, Refunds, Unallocated Fund-Wide Expenses).

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

04O1807 ( 9) An Ordinance by Councilmember Clair Muller as Amended by Finance/Executive Committee amending the 2004 (General Fund) Budget by transferring $13,000.00 to the 2004 (Civic Center Revenue Fund) Budget for the replacement of aging mechanical equipment; and for other purposes.

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

SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

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

04O1813 (11) An Ordinance by Councilmember Debi Starnes authorizing the Mayor and the Chief Financial Officer to supervise the expenditure of funds and assure the close out of Fiscal Year 2004; and for other purposes.

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

04O1817 (12) An Ordinance by Councilmembers Felicia A. Moore, H. Lamar Willis, C. T. Martin, Clair Muller, Carla Smith, Joyce M. Sheperd, Natalyn M. Archibong, Ceasar C. Mitchell, Mary Norwood, Debi Starnes, Ivory Lee Young, Jr., Anne Fauver, Jim Maddox and Howard Shook as Amended by Finance/Executive Committee authorizing the Chief Financial Officer to bill usage of cell phones and related equipment to user departments; to credit reimbursements to user’s accounts; and for other purposes.

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

03O1850 (13) An Ordinance by Councilmember C. T. Martin as Substituted by Finance/Executive Committee (2) to amend Sections 2-222, 2-261 and 2-265 of the Code of Ordinances, to redefine Bureaus in the Department of Public Works; and for other purposes.

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

SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

CITY UTILITIES COMMITTEE

HOWARD SHOOK, CHAIR

04O1651 (15) A Substitute 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.

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

SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

CITY UTILITIES COMMITTEE (CONT’D)

HOWARD SHOOK, CHAIR

04O1654 (16) An Ordinance by City Utilities Committee authorizing automobile expense reimbursement for the following position numbers: 52060, 52050, 7130, 52046, 52045, 52051, 52044, 52182, 7419, 7435, 7436, 16518, 9884, 8450, 16519, 21942, 24217, 52181, 52053, 20507, 21953, 1265, 7426, 6969, 6979, 8527, 24253, 52300, 21932, 7403, 16523, 45208, 19926, 19927, 19891, 52255, 52256, 52254, 19928, 52257, 24245, 24246, 52269, 52289, 19241, 24256, 1297, 8612, 24254, 1326, 52266, 52268, 52276, 52137, 8448, 8449, 18827, 20578, 18825, 8613, 18826, 20579), 20583, 52279, 52293, 52294, 20581, 52275, 52278, 52277, 52263, 52264, 52267, 20593, 52271, 53586, 53587, 36486, 18549, 19243, 20605, 7420, 17080, 19242, 1298, 24249, 24250, 53562, 53563, 53564, 53565, 53566, 53567, 56561 1286, 24251, 24252, 52132, 52133, 52134, 1296, 18399, 19252, 53568, 53571, 53573, 17078, 53560, 19244, 52033, 52031, 52259, 53572, 52082, 20636, 21199, 52085, 7401, 52083, 24233, 52084, 52220, 7415, 7408, 7409, 7413, 7405, 7406, 7425, 7437, 24192, 52086, 17082, 52227, 52226, 26272, 52092, 1303, 24260, 24261, 24262, 1334, 1337, 24234, 24235, 1328, 1333, 24236, 24232, 52231, 52232, 52233, 52234, 24238, 24239, 24240, 24241, 52229, 52230, 52311, 52312 18828, 24242, 52080, 52097, 52098, 52063, 52322, 52072 to be paid from Various Funds, Account and Center Numbers of the Department of Watershed Management; and for other purposes.

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

04O1808 (17) An Ordinance by Councilmembers Howard Shook and Clair Muller authorizing the Mayor or her designee to waive the sidewalks requirements of Section 15-09.003 of the City of Atlanta Code of Ordinances, to provide that a certain subdivision SD-01-09 (Brookhaven) applicant deposit a dollar amount $101,904.69 equal to the value of the required sidewalk construction into the designated Trust Fund Account for District 7; and for other purposes.

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

SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

04R1472 ( 1) A Resolution by Community Development/Human Resources Committee to authorize a Contract Amendment with the Urban Residential Finance Authority (URFA) for CD-755, Atlanta Affordable Home Ownership Program (AAHOP) to set up a Revolving Loan Fund; and for other purposes.

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

04R1751 ( 2) A Resolution by Community Development/Human Resources Committee authorizing the Mayor to extend the term of the Lease Agreement with Ruth C. Bailey, a Bureau of Parks employee for a three (3) year period so as to allow her to continue to live in the caretaker’s house on the Department of Parks, Recreation and Cultural Affairs’ property located at 1357 Montreat Avenue, SW, rent free in exchange for Security and Caretaker Services, on behalf of the Department of Parks, Recreation and Cultural Affairs, Bureau of Parks; and for other purposes.

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

04R1798 ( 3) A Resolution by Community Development/Human Resources Committee authorizing the Mayor or her designee to enter into an appropriate contractual agreement with B. E. Guthrie Construction Company, Inc. for FC-7693-04, Southeast Park Recreation Center (subsequently re-named Rosel Fann Community Center) Improvements, on behalf of the Department of Parks, Recreation and Cultural Affairs in an amount not to exceed $566,456.00. All contracted work shall be charged to and paid from Fund, Account and Center Number 1C22 573001 N12D09C29999 (Construction of Buildings).

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

SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

H. LAMAR WILLIS, CHAIR

04R1485 ( 4) A Substitute Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to enter into an agreement with John Deere Credit, Inc. and the City of Atlanta for the lease of four utility all terrain vehicles for the purpose of Special Event Emergency Response Vehicles; for a monthly rate of $315.69 per month for a six month trial period.

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

04R1759 ( 5) A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to extend a lease agreement with the Simon Property Group, for the rental of approximately 2,846 square feet of office space located at 3393 Peachtree Road, Suite 2015, Lenox Mall, Fulton County, Atlanta Georgia, for the Police Zone Two sub-station, from November 1, 2004, to October 31, 2005, in the amount not to exceed $1 a year, to be charged to and paid from Account Number: 1A01 525001 X42002.

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

04R1760 ( 6) A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to apply for and accept a grant from the U. S. Department of Justice in an amount not to exceed $450,000.00 for a program to disrupt human trafficking; and for other purposes.

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

04R1761 ( 7) A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to apply for and accept funding in the amount of $175,000.00 from the Department of Justice, Community Capacity Development Office for the Vine City Weed and Seed Program.

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

SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT’D)

H. LAMAR WILLIS, CHAIR

04R1797 ( 8) A Resolution by Public Safety and Legal Administration Committee authorizing payment in the amount of $38,271.36 in settlement of the claim of Richard P. Clark, Jr., against the City of Atlanta to be paid from 2J01(Water & Sewer) 529017(Property Liquidation) Q30001(Deputy Commissioner, Treatment & Collections).

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

04R1824 ( 9) A Resolution by Public Safety and Legal Administration Committee authorizing payment in the amount of $12,881.90 in settlement of the claim of Don C. Phillips against the City of Atlanta to be paid from 2J01(Water & Sewer) 529017 (Property Liquidation) Q30001 (Deputy Commissioner, Treatment & Collections); and for other purposes.

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

04R1825 (10) A Resolution by Public Safety and Legal Administration Committee authorizing payment in the amount of $2,045.40 in settlement of the claim of Kwind Turner against the City of Atlanta to be paid from 2J01(Water & Sewer) 529017(Property Liquidation) Q30001 (Deputy Commissioner, Treatment & Collections); and for other purposes.

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

SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

04R1762 (11) A Resolution by Transportation Committee authorizing the Mayor or her designee to execute an Amendment No. 1 to the temporary space permit with the Hartsfield Area Transportation Management Association which shall provide for expansion of its exclusive premises by adding 115.88 square feet of space on the Lower Level of the North Terminal Building at Hartsfield-Jackson Atlanta International Airport and extend the term to September 30, 2009; and for other purposes.

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

04R1754 (12) A Resolution by Finance/Executive Committee authorizing the Mayor to enter into an Intergovernmental Agreement between the Georgia Department of Motor Vehicle Safety and the City of Atlanta for the purpose of aiding in the collection of delinquent parking fines owed to the City; and for other purposes.

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

04R1755 (13) An Amended Resolution by Finance/Executive Committee authorizing the Mayor to execute an appropriate contractual agreement with Cleveland Electric Company for FC-7707-04, Automated External Defibrillators (AED) Phase II on behalf of the Department of Aviation to be paid in an amount not to exceed $1,143,054.28; all contracted work shall be charged to and paid from Fund, Account and Center Number: 2H21 575001 W32003 (Airport Renewal & Extension Fund, Equipment, Airport and Fire Rescue).

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

SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

04R1756 (14) An Amended 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 six (6) Xeon Poweredge 6650 Servers, on behalf of the Department of Watershed Management, in an amount not to exceed $89,749.44. All contracted work shall be charged to and paid from Fund, Account and Center Number: 2J21 (Renewal and Extension Fund) 575001 (Equipment Account) Q45001 (Technology Services.)

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

04R1757 (15) An Amended 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 thirteen (13) Precision 670 Minitowers, fourteen (14) Ultra Sharp 2001 FP, twelve (12) Precision 670 Minitowers with Monitors, two (2) Ultra Sharp 2000 FP and one (1) Latitude D600 Computers on behalf of the Department of Aviation, in an amount not to exceed $96,542.32. All contracted work shall be charged to and paid from Fund, Account and Center Number: 2H21 (Airport Fund) 521105 (Non-consumable) R21001 (Hartsfield).

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

04R1827 (16) A Resolution by Councilmembers Jim Maddox and Ceasar C. Mitchell to extend an invitation to the government and people of Fukuoka, Japan to participate with Atlanta as its Sister City for the purpose of creating greater mutual understanding between the peoples of our cities and nations; and for other purposes.

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

SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

CITY UTILITIES COMMITTEE

HOWARD SHOOK, CHAIR

04R1764 (17) A Substitute Resolution by City Utilities Committee authorizing the Mayor or her designee to enter into an appropriate contractual agreement with Advanced Disposal Services for FC-7650-04A, Disposal of Municipal Waste, on behalf of the Department of Public Works in an amount not to exceed $2,155,140.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: Solid Waste Services Revenue Fund (Sanitary Svcs. Rev.) - 2P01 574001 M38101.

04R1765 (18) A Substitute Resolution by City Utilities Committee authorizing the Mayor or her designee to enter into an appropriate contractual agreement with Republic Services of Georgia for FC-7650-04B, Disposal of Municipal Waste, on behalf of the Department of Public Works in an amount not to exceed $4,886,700.00. All contracted work shall be charged to and paid from Fund, Account and Center Number Solid Waste Services Revenue Fund (Sanitary Svcs. Rev.) - 2P01 574001 M38101.

SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

CITY UTILITIES COMMITTEE (CONT’D)

HOWARD SHOOK, CHAIR

04R1799 (19) A Resolution by City Utilities Committee to authorize payment of stipulated penalties imposed by the Environmental Protection Agency (EPA) and the Environmental Protection Division of the Department of Natural Resources of the State of Georgia (EPD) in the amount of $2,000.00 as stipulated penalties for the violation of CSO Fecal Coliform Operational Standards at the Tanyard CSO Facility on September 27, 2004 pursuant to the CSO Consent Decree, Civil Action File No. 1:95-CV-2550-TWT; to identify the source of funding; and other purposes.

04R1768 ( 1) Claim of Evette Tim, through her attorney, Sampson Oliver, for damages alleged to have been sustained as a result of a vehicular accident on March 22, 2004 at Northside Drive and Whitehall Street. $2,973.98

04R1769 ( 2) Claim of Gail C. White, for damages alleged to have been sustained from stepping into a water meter that was open and in an unsafe condition on December 15, 2003 at 2045 Martin Luther King, Jr. Drive. SW. $768.00

04R1770 ( 3) Claim of Robert L. Carter, Sr., for damages alleged to have been sustained from an automobile accident on June 18, 2004 at 61 North Avenue, NE. $1,247.11

SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

04R1772 ( 5) Claim of Sean P. Henry, for damages alleged to have been sustained due to a sewer backup on December 3, 2002 at 285 Judy Lane, SE. $3,050.00

04R1773 ( 6) Claim of Bryan Chambers, for damages alleged to have been sustained as a result of a vehicular accident on May 8, 2004 at Bankhead Highway and Eldbridge Drive. $1,453.49

04R1774 ( 7) Claim of Automotive Rentals, Inc., as subrogee of Labatt USA, LLC., for damages alleged to have been sustained as a result of a vehicular accident on January 22, 2004 at 793 Harold Street, SE. $4,363.61

04R1775 ( 8) Claim of Kenneth E. Johnson, for damages alleged to have been sustained when an automobile was struck by a gate as it attempted to exit a park on March 6, 2004 at 3895 Melvin Drive, SW. $1,041.26

SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

04R1776 ( 9) Claim of Vickie McGruder, for damages alleged to have been sustained as a result of an automobile accident on May 17, 2004 at Benjamin E. Mays Drive, SW and Fairburn Road, SW. $762.20

04R1777 (10) Claim of Stephanie Solon-Selton, for damages alleged to have been sustained from an automobile accident on May 12, 2004 at 573 Joseph E. Lowery Boulevard, SW. $1,150.66

04R1778 (11) Claim of State Farm Insurance Companies, as subrogee of insured Stephanie Solon-Selton, for damages alleged to have been sustained from an automobile accident on May 12, 2004 at 573 Joseph E. Lowery Boulevard, SW. $4,874.16

04R1779 (12) Claim of Mathilda T. Tenebaum, for damages alleged to have been sustained as a result of an automobile accident on June 18, 2004 on Monroe Drive, NE. $1,119.36

04R1780 (13) Claim of Lisa Christmas, for damages alleged to have been sustained as a result of an automobile accident on August 28, 2004 at Deleavan and Windsor Streets, SW. $2,049.88

SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

04R1781 (14) Claim of Reginald Dumas, through his attorney, Sampson Oliver, for damages alleged to have been sustained as a result of a vehicular accident on March 22, 2004 at Northside Drive and Whitehall Street. $4,036.63

04R1783 (15) Claim of Nathan J. Dallas, for damages alleged to have been sustained when debris from a city vehicle struck and cracked a windshield on April 3, 2004 on Interstate 85 southbound.

04R1784 (16) Claim of the Estate and Surviving Heirs of Sedrina Rosser, a minor, deceased, through their Attorney, D. Lowell Thomas, for damages alleged to have been sustained as a result of the shooting death of Sedrina Rosser on March 17, 2004 at the Jonesboro South Apartments.

04R1785 (17) Claim of Anna Smith, through her attorney, Michael W. Whitehead, for damages alleged to have been sustained as a result of personal injuries due to an incident on an escalator at the Hartsfield-Jackson International Airport terminal building on January 8, 2004.

SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

04R1786 (18) Claim of Janet Plauche’, through her attorney, Richard C. Mitchell, for damages alleged to have been sustained as a result of personal injuries due to an incident on the train at the Hartsfield-Jackson International Airport terminal building on May 17, 2004.

04R1787 ( 19) Claim of Meko Ford, for damages alleged to have been sustained as a result of a vehicular accident on April 9, 2004 at Boulevard and Morgan Street.

04R1788 (20) Claim of Cheryl Johnson Herring, for damages alleged to have been sustained as a result of the connection of water service on July 14, 2004 at 1330 Westridge Road.

04R1790 (21) Claim of Taario Sabir, for damages alleged to have been sustained as a result of flooding in his basement in June 2003 at 591 Willard Avenue.

04R1791 (22) Claim of Heath Loupe, for damages alleged to have been sustained as a result of a tree branch protruding in the driving lane on August 17, 2004 on North Avenue at Parkway Drive.

04R1792 (23) Claim of Alenah Tsutras, through her attorney, Diana Lynch, for damages alleged to have been sustained as a result of a vehicular accident on February 1, 2003 at Blairsbridge and Mt. Vernon Roads.

SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

04R1793 (24) Claim of Guigzhen Zheng, through her attorney, Michael N. Rubin, Esq., for damages alleged to have been sustained from an automobile accident due to an obstructed traffic signal on August 23, 2002 at Sixteenth and Spring Streets, NW.

04R1794 (25) Claim of Sheila Briones, through her attorney, Kimberly L. Jacobsen, for damages alleged to have been sustained as a result of a slip and fall incident on November 5, 2002 at Armstrong Street and Piedmont Avenue.

04O1753 ( 1) An Ordinance by Community Development and Human

CDP-04-38 Resources Committee to amend the Land Use Element of the City of Atlanta 2004-2019 Comprehensive Development Plan (CDP) so as to re-designate properties located in the Oakland City/Lakewood LCI Plan, from Various Land Use Designations to Various Land Use Designations; and for other purposes.

NPU’s S and X Council Districts 4 & 12

04O1802 ( 2) An Ordinance by Community Development/Human

CDP-04-39 Resources Committee to amend the Land Use Element of the City of Atlanta 2004-2019 Comprehensive Development Plan (CDP) so as to re-designate portions of properties that are located at 2192 & 2206 Cheshire Bridge Road, NE, from the "Single Family Residential" Land Use Designation to the "Low Density Commercial" Land Use Designation; and for other purposes.

NPU-F Council District 6

04O1823 ( 3) An Ordinance by Community Development/Human

CDP-04-40 Resources Committee to amend the Land Use Element of the City of Atlanta 2004-2019 Comprehensive Development Plan (CDP) so as to re-designate properties that are located at 1893 & 1901 Cheshire Bridge Road, NE, from the "Single Family Residential" Land Use Designation to the "Mixed-Use Land Use Designation; and for other purposes.

NPU-F Council District 6

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

H. LAMAR WILLIS, CHAIR

04O1795 ( 4) An Ordinance by Public Safety and Legal Administration Committee authorizing the settlement of all claims against the City of Atlanta, Police Chief Richard J. Pennington, and Jason H. Teague in the case of Ylia Lavender v. City of Atlanta Et Al., United States District Court, Northern District of Georgia, Atlanta Division, Civil Action File No. 1:02-CV-2716-GET, in the amount of $25,000.00; authorizing said payment to be charged to and paid from Fund 1A01 (General Fund), Account 529017 (Property Liquidation) and Center Number T31001 (Non-Departmental); authorizing the Chief Financial Officer to distribute the settlement amount; waiving City of Atlanta Code of Ordinances Section 2-783(h) for this instance only; and for other purposes.

04O1796 ( 5) An Ordinance by Public Safety and Legal Administration Committee authorizing the settlement of all claims against the City of Atlanta, Richard J. Pennington, Raymond S. Bunn, Brian P. Wilkes, John E. Smith and Jason H. Teague in the case of Loletta Modicue v City of Atlanta, Et Al., United States District Court, Northern District of Georgia, Atlanta Division, Civil Action File No. 1:02-CV-2715-GET, in the amount of $10,000.00; authorizing said payment to be charged to and paid from Fund 1A01 (General Fund), Account 529017 (Property Liquidation) and Center Number T31001 (Non-Departmental); authorizing the Chief Financial Officer to distribute the settlement amount; waiving City of Atlanta Code of Ordinances Section 2-783(h) for this instance only; and for other purposes

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT’D)

H. LAMAR WILLIS, CHAIR

04O1828 ( 6) An Ordinance by Public Safety and Legal Administration Committee authorizing the settlement of all claims in lawsuit styled Louree Ware v. Wallace Mason; State Court of DeKalb County; Civil Action Number 00-A-68026, in the amount of $10,000.00; authorizing the Chief Financial Officer to disburse the settlement amount from Fund Account and Center No. 1A01 (General Fund) 529017 (Property Liquidation) T31001 (Non-Departmental); and for other purposes.

04O1758 ( 7) An Ordinance by Finance/Executive Committee amending the 2004 (Park Improvement Fund) Budget, for the purpose of transferring appropriations in the amount of $657,318.73 from Account Numbers 1C22 792001 N12201 (Reserve Designated Park Design) in the amount of $293,399.50 and 1C22 761001 T31001 (Payments to Other Governments-Unallocated Fund-Wide Expenses) in the amount of $363,919.23 into accounts identified as (Construction of Buildings, Citywide) Account Number 1C22 773001 N12D09B69999 for $457,318.73 and (Tennis Court Improvements Citywide) Account Number 1C22 774001 N12D04B69999 for $200,000.00, on behalf of the Department of Parks, Recreation and Cultural Affairs; and for other purposes.

0401801 ( 8) An Ordinance by Finance/Executive Committee providing for (1) the sale of $8,000,000.00 City of Atlanta various purpose General Obligation Bonds, Series 2004A (The "Series 2004A Bonds") and $_______ City of Atlanta General Obligation Public Improvement Bonds, Series 2004B (The "Series 2004B Bonds" and, together with the Series 2004A Bonds, the "Bonds"); (2) the redemption of the Bonds prior to the maturity upon certain terms and conditions; (3) the execution and delivery of said Bonds; (4) the forms of said Bonds; (5) the levy of a continuing Direct Annual Ad Valorem Tax without limit as to rate or amount to pay the Bonds and the interest thereon when due and payable; (6) the creation and maintenance of a Project Fund and two Bond Funds; (7) the acceptance of the best responsible bid resulting in the lowest true interest cost for the Bonds and the delivery of the Bonds; (8) the approval of an official statement with respect to said Bonds and authorizing the execution and delivery thereof; (9) the execution of a certificate pertaining to the use of the proceeds derived from the sale of said Bonds; (10) the undertaking of a continuing disclosure commitment in compliance with S.E.C. Rule 15C2-12(B)(5); and (11) for other purposes.

CITY UTILITIES COMMITTEE

HOWARD SHOOK, CHAIR

04O1750 ( 9) An Ordinance by City Utilities Committee to correct the provisions of Ordinance 04-O-1204, so as to restate the term of an agreement previously authorized between the City of Atlanta and Nextg Networks of New York, Inc., D/B/A Nextg Networks East from two years to five years, to be in conformance with the terms granted other telecommunications providers; to authorize the Mayor or her designee to execute the previously authorized agreement with revised term; and for other purposes.

Attendance at the October 12, 2004 meeting of the Community Development/Human Resources Committee was as follows:

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

Absent: None

Council President Lisa M. Borders Presided

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (1)

H. LAMAR WILLIS, CHAIR

Attendance at the October 12, 2004 meeting of the Public Safety and Legal Administration Committee was as follows:

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

Absent: Councilmember Sheperd

04O1214 ( 1) A Substitute Ordinance by Public Safety and Legal Administration Committee amending the Fire Safety Code of the City of Atlanta to allow for the placarding of unsafe and dangerous structures that imperil the safety of the General Public as well as Firefighters who may enter upon these premises.

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

Council President Lisa M. Borders Presided

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (2)

H. LAMAR WILLIS, CHAIR

04O1258 ( 3) An Ordinance by Councilmember Anne Fauver as Substituted by Public Safety and Legal Administration Committee to amend Chapter 10, Article II, to add a new Section 10-75 to provide for temporary licenses to applicants for a liquor license after change in ownership of the licensed establishment; to set forth the fee and conditions for said temporary license; and for other purposes.

Council President Lisa M. Borders Presided

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (3)

H. LAMAR WILLIS, CHAIR

04O1258 ( 3) An Ordinance by Councilmember Anne Fauver as

(Cont’d) Substituted by Public Safety and Legal Administration Committee to amend Chapter 10, Article II, to add a new Section 10-75 to provide for temporary licenses to applicants for a liquor license after change in ownership of the licensed establishment; to set forth the fee and conditions for said temporary license; and for other purposes.

04O1666 ( 4) A Substitute Ordinance by Public Safety and Legal Administration Committee to amend the Fire Safety Code of the City of Atlanta to allow for the placarding of unsafe and dangerous structures that imperil the safety of the General Public as well as Firefighters who may enter upon these premises.

Council President Lisa M. Borders Presided

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (4)

H. LAMAR WILLIS, CHAIR

04O1099 ( 5) An Ordinance by Councilmember H. Lamar Willis to amend Chapter 162, Article II, Division 5, Section 162 of the City of Atlanta Code of Ordinances outlining the taxicab regulations by adding a subsection that allows taxicab companies and drivers to charge Temporary Fuel Surcharges.

04R1826 ( 1) A Resolution by Public Safety and Legal Administration Committee authorizing the settlement of all claims in the lawsuit styled Louree Ware v. Wallace Mason; State Court of DeKalb County; Civil Action Number 00-A-68026, in the amount of $10,000.00; authorizing the Chief Financial Officer to disburse the settlement amount from Fund Account and Center No. 1A01 (General Fund) 529017 (Property Liquidation) T31001 (Non-Departmental); and for other purposes.

Attendance at the October 13, 2004 meeting of the Transportation Committee was as follows:

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

Absent: None

04R1763 ( 1) A Resolution by Transportation Committee authorizing the Mayor or her designee to execute on behalf of the City of Atlanta Amendments to the Central Passenger Terminal Complex Leases with AirTran Airways, Inc., Atlantic Southeast Airlines, Inc., Delta Air Lines, Inc., United Air Lines, Inc. and US Airways, Inc. which shall delete certain exclusive premises at Hartsfield-Jackson Atlanta International Airport; and for other purposes.

Attendance at the October 13, 2004 meeting of the Zoning Committee was as follows:

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

Absent: None

04O1805 ( 1) An Ordinance by Councilmembers Ivory Lee Young, Jr. and Felicia A. Moore as Amended by Zoning Committee to impose Interim Development Controls on the issuance of Building Permits for duplexes on vacant R-5 property in certain Neighborhood Planning Units in Council District 3 and Council District 9 for a period not to exceed six months from approval to finalize recommendations for zoning changes; and for other purposes.

04O1816 ( 2) An Ordinance by Councilmembers Felicia A. Moore and Ivory Lee Young, Jr. to place Interim Development Controls on the construction of duplexes in the neighborhood bounded by Ruth Street and North Street to the north, Newman Place to the south, Gun Club Road and Hollywood Road to the west and Proctor Creek to the east for a period not to exceed six months to allow for the consideration of an amendment to the Zoning Ordinance rezoning this neighborhood from R-5 to R-4A; and for other purposes.

04O1563 ( 3) An Ordinance by Community Development/Human

NPU-L Council District 3

04O1298 ( 4) An Ordinance by Zoning Committee to rezone from the I-2

Z-04-68 (Heavy Industrial) District to the C-1 (Community Business) District, property located at 691-695-699 Donald L. Hollowell Parkway, NW (f.k.a. Bankhead Highway, NW), fronting 131.10 feet on the north side of Donald L. Hollowell Parkway beginning 44.17 feet east from the northeast corner of Echo Street.

Depth: 145.00 Feet

Area: Approximately .43 Acre

Land Lot: 112, 14^th District, Fulton County, Georgia

Owner: Matthew Humphreys

Applicant: Randy E. Pimsler

By: Carl E. Westmoreland, Jr., Attorney

NPU-L Council District 3

04O1564 ( 5) An Ordinance by Community Development/Human

NPU-K Council District 3

04O1299 ( 6) An Ordinance by Zoning Committee to rezone from the I-1

Z-04-69 (Light Industrial) District to the C-1 (Community Business) District, property located at 1013-1015 Donald L. Hollowell Parkway, NW (f.k.a. Bankhead Highway, NW), fronting 150 feet on the north side of Donald L. Hollowell Parkway beginning 343.54 feet west from the northwest corner of Addie Street property also fronts approximately 150  feet on the west side of Addie Street.

Depth: Varies

Area: 2.5959825 Acres

Land Lot: 113, 14^th District, Fulton County, Georgia

Owner: Matthew Humphreys

Applicant: Randy E. Pimsler

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

NPU-K Council District 3

04O0937 ( 1) An Ordinance by Councilmember Howard Shook as

04O1820 ( 1) An Ordinance by Zoning Committee to amend the 1982

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

04O1821 ( 2) An Ordinance by Zoning Committee to amend the 1982

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

04O1822 ( 3) An Ordinance by Zoning Committee to amend the 1982

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

04O1830 ( 4) An Ordinance by Zoning Committee to rezone from the

Z-04-83 R-4 (Single-Family Residential) District to the PD-H (Planned Development-Housing) District, property located at 2198 Springdale Road (rear), SW fronting 444.02 feet on the north side of Tibbs Road (unimproved right-of-way) beginning 160 feet east of the northeast corner of Springdale Road.

Depth: Varies

Area: 7.199 Acres

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

Owner: Lawrence Robinson

Applicant: Ro Preisinger

NPU-X Council District 12

04O1832 ( 5) An Ordinance by Zoning Committee to rezone from the

Z-04-85 I-2 (Heavy Industrial) District to the MRC-3 (Mixed Residential Commerical-3) District, property located at 257 Oakland Avenue, SE fronting 188.02 feet on the west side of Oakland Avenue beginning at the northwest corner of Biggers Street. Property also fronts on Martin Luther King, Jr. Drive and George Street.

Depth: Varies;

Area: 0.82 acre

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

Owner: Robert Rinzler, et al.

Applicant: David Green

NPU-W Council District 5

04O1833 ( 6) An Ordinance by Zoning Committee to rezone from

Z-04-86 the R-4 (Single-Family Residential) District to the PD-H (Planned Development-Housing) District, property located at 845 Delmar Avenue, SE fronting 168.01 feet on the south side of Delmar Avenue 220 feet west from the southwest corner of Ormewood Terrace.

Depth: Varies

Area: 5.4 Acres

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

Owner: Tom Rackley

Applicant: Robert Reed

NPU-W Council District 1

04O1834 ( 7) An Ordinance by Zoning Committee to rezone from the

Z-04-88 RG-2 (Residential General-Sector 2) District to the RG-3 (Residential General-Sector 3) District, property located at 3680 Peachtree Road, NE fronting 415.5 feet on the north side of Peachtree Road beginning at the northwest corner of Narmore Drive.

Depth: Varies

Area: 2.509 Acres

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

Owner: Kathryn T. Bridges et al.

Applicant: Weaver and Woodvery Company

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

NPU-B Council District 7

04O1835 ( 8) An Ordinance by Zoning Committee to rezone from the

Z-04-100 R-4 (Single-Family Residential) and I-2 (Heavy Industrial) Districts to the R-4B (Single-Family Residential) District, property located at 1058 Constitution Road, SE fronting 600 feet on the north side of Constitution Road beginning 1,291.6 feet east from the northeast corner of Forest Park Road.

Depth: Varies

Area: Approximately 9.95 Acres

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

Owner: Georgia Maintenance and Contracting

Applicant: Larry C. Shipman

NPU-Z Council District 1

04O1836 ( 9) An Ordinance by Zoning Committee to rezone from the

Z-04-102 R-4 (Single-Family Residential) District to the R-4A (Single-Family Residential) District, property located at 675 Schuyler Avenue, SE fronting 125 feet on the south side of Schuyler Avenue beginning 100 feet west from the southwest corner of Morely Avenue. Property also fronts on Lonetia Avenue, unopened right-of-way.

Depth: Varies

Area: 0.445 Acre

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

Owner: Justin L. Landis

Applicant: Benjamin J. Foltz

NPU-W Council District 1

04O1837 (10) An Ordinance to by Zoning Committee rezone from the

Z-04-103 I-1 (Light Industrial) District to the MRC-3 (Mixed Residential Commercial) District, property located at 471 & 525 Glen Iris Drive, 616-624 Rankin Street, 476-502 and 471-485 Wilmer Street, 619, 623, 660, 680, & 681 Dallas Street, NE fronting

Tract 1, 372.88 feet on the east side of Glen Iris Drive beginning at the northeast corner of Morgan Street

Depth: Varies

Area: 7.106 Acres

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

Depth Varies

Area: 2.653 Acres

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

Depth: Varies

Area: 0.693 Acre

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

Depth: Varies

Area: 0.746 Acre

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

Owner: Arthur Cohen, et al.

Applicant: Gellerstedt Development, LLC

NPU-M Council District 2

04O1838 (11) An Ordinance by Zoning Committee to rezone from the

Z-04-104 I-1-C (Light Industrial-Conditional) District to the MR-4A (Multi-Family Residential-Eight story multi-family dwellings) District, property located at 140 Milton Avenue, SE fronting 517.04 feet on the northeasterly side of Milton Avenue beginning at the southwest corner of Martin Street.

Depth: Varies

Area: 2.7556 Acres

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

Owner: Mohamed M. Malak

Applicant: Mitchel C. Jaffe

NPU-Y Council District 1

04O1839 (12) An Ordinance by Zoning Committee to rezone from the

Z-04-113 R-4 (Two-Family Residential) District to the PD-H (Planned Development-Housing) District, property located at 1365 Pasadena Avenue, NE (rear) (a.k.a. 1538 Markan Drive, NE) fronting 60 feet at the north terminus of Markan Drive, unimproved right-of-way in unincorporated DeKalb County beginning 156.95 feet north of the northeast corner of Rocksprings Circle in unincorporated DeKalb County.

Depth: Varies

Area: Approximately 1.02 acres

Land Lot: 56, 15^th District, DeKalb County, Georgia.

Owner: Perrin Taylor

Applicant: Michael Mclaughlin

NPU-F Council District 6

04-O-1840-(13) An Ordinance by Zoning Committee to rezone from the

Z-04-115 R-4 (Single-Family Residential) District to the PD-H (Planned Development-Housing) District, property located at 1096 Custer Avenue, SE fronting 322.48 feet on the north side of Custer Avenue beginning 190 feet east from the northeast corner of Woodland Avenue.

Depth: Varies

Area: 4.1906 Acres

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

Owner: APD Custom Homes, Inc.

Applicant: APD Custom Homes, Inc.

By: Carolyn "Kiti" Parks, Agent

NPU-W Council District 1

04O1841 (14) An Ordinance by Zoning Committee to amend

Z-04-109/ Ordinance Z-84-71, as amended, adopted by City

Z-84-71 Council October 1, 1984 and approved by the Mayor October 3, 1984 rezoning from the RG-2 (Residential General-Sector 2) District to the RG-3-C (Residential General-Sector 3-Conditional) District, property located at 2289 Virginia Place, NE for the purpose of approving a revised site plan; and for other purposes.

Owner: Peachtree Hills Apartment Corp.

Applicant: Isakson/Barnhart Development Co., LLC

By: Larry M. Dingle, Esq.

NPU-B Council District 7

04O1843 (15) An Ordinance by Zoning Committee to rezone from the

Z-04-110 RG-2 (Residential General-Sector 2) District to the RG-3 (Residential General-Sector 3) District, property located at 228 Peachtree Hills Avenue, NE fronting 791.82 feet on the north side of Peachtree Hill Avenue beginning the northeast corner of Virginia Place.

Depth: Varies

Area: 4.1906 Acres

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

Owner: Peachtree Hills Apartment Corp.

Applicant: Isakson/Barnhart Development Co., LLC

By: Larry M. Dingle, Esq.

NPU-B Council District 7

04O1844 (16) An Ordinance by Zoning Committee to rezone from the

Z-04-111 OI-C (Office Institution-Conditional) District to the C-1 (Community Business) District, property located at 0 Fairburn Road, SW fronting 420.66 feet on the east side of Fairburn Road 570.69 feet south from the southeast corner of Benjamin E. Mays Road.

Depth: Varies

Area: 2.76 Acres

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

Owner: Sterling Trust Company

Applicant: Marvin Isenberg for Piedmont Properties, Inc.

NPU-H Council District 10

04O1845 (17) An Ordinance by Zoning Committee to rezone from the

Z-04-112 I-1 (Light Industrial) District and the I-2 (Heavy Industrial) District to the MR-4A (Multi-Family Residential-Eight story multi-family dwellings) District, property located at 748 10^th Street and 980 Howell Mill Road, NW fronting 286.83 feet on the south side of 10^th Street beginning the southeast corner of Howell Mill Road. Property also fronts on Howell Mill Road and 9^th Street.

Depth: Varies

Area: 1.580 Acres

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

Owner: Advanced Metal and Welding Corporation

Applicant: Weaver and Woodberry Company

NPU-E Council District 3

04O1846 (18) An Ordinance by Zoning Committee to rezone from the

Z-04-114 I-1 (Light Industrial) District to the MR-5A (Multi-Family Residential-Fifteen story residential dwellings) District, property located at 643-663 10^th Street and 640 11^th Street, NW fronting 392.97 feet on the north side of 10^th Street beginning 53.22 feet east from the northeast corner of Northside Drive. Property also fronts on 11^th Street.

Depth: Varies

Area: 2.895 Acres

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

Owner: Donald Reisman

Applicant: David Green

NPU-E Council District 8

04O1847 (19) An Ordinance by Zoning Committee to rezone from the

Z-04-118 R-5/HD (Two-Family Residential/West End Historic District) District to the RG-3 (Residential General-Sector 3/West End Historic District) District, property located at 1261 Lucile Avenue, SW (a.k.a. 1263-1279 Lucile Avenue) fronting 281.91 feet on the north side of Lucile Avenue beginning at the northwest corner of Atwood Street.

Depth: 140 Feet

Area: 0.91 Acre

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

Owner: University Community Development Corporation

Applicant: James R. Hayley

NPU-T Council District 4

04O1848 (20) An Ordinance by Zoning Committee to amend

Z-04-117/ Ordinance Z-88-44, as amended, adopted by City

Z-88-44 Council December 19, 1988 and approved by the Mayor December 21, 1988 rezoning from the R-3 (Single-Family Residential) District to the RG-2-C (Residential General-Sector 2-Conditional) District on Tract I, and to OI-C (Office Institutional-Conditional) District on Tract II, property located at 2500 Pine Tree Road, NE for the purpose of approving a revised site plan and for other purposes.

Owner: Rayman Associates Buckhead, LLC

Applicant: Rayman Associates Buckhead, LLC

By: William Woodson Galloway, Attorney

NPU-B Council District 7

04O1849 (21) An Ordinance by Zoning Committee granting a Special

U-04-22/ Use Permit for a Poolroom and Game Room (Section

U-02-26 16-11.005 (1)(d), (Remanded back by Superior Court of Fulton County) property located at 2721 Metropolitan Parkway, SW fronting 125 feet on the west side of Metropolitan Parkway beginning 300 feet south from the southwest corner of Cleveland Avenue.

Depth: 181.5 Feet

Area: 0.52 Acre

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

Owner: Jerry Ragsdale

Applicant: Cliff F. Entrekin

By: Alan Begner, Esq., Attorney

NPU-X Council District 12

04O1842 (22) An Ordinance by Zoning Committee granting a Special

U-04-23 Use Permit for a Personal Care Home (Assisted Living with Nursing Home Component) (Section 16-08.005 (1)(f), property located at

Tract 1, 228 Peachtree Hills Avenue, NE fronting 791.82 feet on the north side of Peachtree Hills Avenue beginning at the northeast corner of Virginia Place;

Tract 2, 2289 Virginia Place, NE fronting 602.18 feet on the east side of Virginia Place beginning at the southeast corner of Peachtree Hills Avenue. Tract 2 also fronts on Kinsey Court;

Tract 3, 2254 Virginia Place, NE fronting 498.24 feet on the west side of Virginia Place beginning at the southwest corner of Peachtree Hills Avenue.

Depth: Varies

Area: 23.32 Acres (all Tracts combined)

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

Owner: Peachtree Hills Apartment Corp.

Applicant: Isakson/Barnhart Development Co., LLC

By: Larry M. Dingle, Esq.

NPU-B Council District 7

Attendance at the October 13, 2004 meeting of the Finance/Executive Committee was as follows:

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

Absent: None

04O1733 (1) An Ordinance by Councilmember Debi Starnes as Substituted and Amended by Finance/Executive Committee to provide for the issuance and sale of Subordinate Lien Tax Allocation Bonds (Atlantic Station Project), Series 2004, in the Aggregate Principal amount not to exceed $250,000,000.00 (The "Series" 2004 Bonds"), for the purpose of providing funds to pay, or to be applied or contributed toward, the completion of the redevelopment costs associated with the Tax Allocation District Number Two - Atlantic Steel (The "Atlantic Steel TAD"); including (1) clearing, grading and otherwise preparing property for redevelopment, (II) environmental remediation of property;, (III) design, construction and installation of utilities such as water, sewer, storm drainage, electric, gas and telecommunications, (IV) design, construction and installation of streets, sidewalks, bikeways, curbs, gutters and other public works, (V) design and construction of parking facilities and (VI) any other facilities and improvements located in or otherwise related to the Atlantic Steel TAD; to authorize the refunding of all or a portion of the City of Atlanta, Georgia, Tax Allocation Bonds (Atlantic Station Project) Series 2001 (The "Series 2001 Bonds"); to authorize paying expenses incident to accomplishing the foregoing; to authorize the execution of a First Supplemental Indenture of Trust, A First Amended and Restated Development Agreement, an Offer to Purchase for Cash, an Intergovernmental Agreement, a Purchase Contract, and approving the use and distribution of a Preliminary Limited Offering Memorandum; and for certain other purposes, all in connection with the issuance and sale of the foregoing described Series 2004 Bonds.

04O1733 (1) An Ordinance by Councilmember Debi Starnes as

(Cont’d) Substituted and Amended by Finance/Executive Committee to provide for the issuance and sale of Subordinate Lien Tax Allocation Bonds (Atlantic Station Project), Series 2004, in the Aggregate Principal amount not to exceed $250,000,000.00 (The "Series" 2004 Bonds"), for……etc.

04O1736 ( 2) A Substitute Ordinance by Finance/Executive Committee amending the 2004 (Airport Revenue Fund and Airport Renewal and Extension Fund) Budgets in the amount of $130,822.00 and $567,985.00 respectively for the purposes of funding newly created positions in the Department of Aviation as set forth in Ordinance Number 04-O-1812.

04O1803 ( 3) An Ordinance by Councilmembers Natalyn Archibong, Ceasar C. Mitchell and C. T. Martin to amend Article 6, Chapter 4, Sections 6-402(a), (b)(12) and (c) of the Charter of the City of Atlanta adopted under and by virtue of the Authority of Municipal Home Rule Act of 1965 (Ga. Laws 1965, p.298, et seq.) to provide that selected underwriting teams for all City of Atlanta Bond issuances shall include local firms to define certain terms; to repeal conflicting Charter provisions; and for other purposes.

04O1804 ( 4) An Ordinance by Councilmembers Natalyn Archibong, Ceasar C. Mitchell and C. T. Martin to amend Part Two, Articled X, Division 4, Section 2-1188.1 (Procurement and Real Estate Code/Local Preference) of the Code of Ordinances of the City of Atlanta to provide that selected underwriting teams for all City of Atlanta Bond issuances shall include local firms to define certain terms; to repeal conflicting ordinances; and for other purposes.

04O1811 ( 5) An Ordinance by Councilmember Debi Starnes as Substituted by Finance/Executive Committee an Eighth Supplemental Bond Ordinance supplementing the Restated and Amended Master Bond Ordinance of the City of Atlanta adopted on March 20, 2000 (99-O-1896), as Amended and Supplemented by the First Supplemental Bond Ordinance of the City of Atlanta adopted on March 30, 2000 (00-O-0214), the Second Supplemental Bond Ordinance of the City of Atlanta adopted on October 7, 2002 (02-O-1463), the Amended and Restated Third Supplemental Bond Ordinance of the City of Atlanta adopted on May 19, 2003 (03-O-0772),the Fourth Supplemental Bond Ordinance of the City of Atlanta adopted on June 2, 2003 (03-O-0835), the Fifth Supplemental Bond Ordinance of the City of Atlanta adopted on September 15, 2003 (03-O-1448), the Sixth Supplemental Bond Ordinance of the City of Atlanta adopted on November 17, 2003 (03-O-1871), and the Seventh Supplemental Bond Ordinance of the City of Atlanta adopted on April 19, 2004 (04-O-0431), to provide for the issuance of Revenue Bonds secured by a Senior Lien on General Revenues and the issuance of Hybrid Bonds secured by a Senior Lien on PFC Revenues and a Subordinate Lien on General Revenues; to provide funds to finance or refinance, in whole or in part, the cost of the planning, engineering, design, acquisition and construction of certain improvements to Hartsfield-Jackson Atlanta International Airport, including Capitalized Interest; to provide for a reasonably required Debt Service Reserve and to pay expenses relating thereto; to ratify, authorize and approve the preparation, use and distribution of a Preliminary Official Statement and a Final Official Statement in connection with the offer and sale of the Bonds; to provide for the annual submission of certain financial information and operating data pursuant to Rule 15c2-12 of the Securities and Exchange Commission; to provide for the form of the Bonds and for the execution of the Bonds; to provide for the place of payment of the Principal of and Interest on the Bonds; and for other purposes.

04O1812 ( 6) An Ordinance by Councilmember Debi Starnes as Substituted and Amended by Finance/Executive Committee to amend Article "V" Classification Plan, Section 114-477, of the Code of Ordinances; City of Atlanta, Georgia, so as to create positions, and provide above entry authorization for the Department of Aviation; and for other purposes.

04R1829 ( 1) A Resolution by the Finance/Executive Committee authorizing the Mayor or designee to enter into a Cooperative Purchasing Agreement pursuant to Section 2-1601 of the Procurement and Real Estate Code of the City of Atlanta ("CITY"), utilizing the GSA Contract #GS35F-4984H, for the purchase of Mainframe Application Hosting on behalf of the City of Atlanta Department of Information Technology, in an amount not to exceed $1,800,000.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: 2M01 521106 E12001 (Computer Operations Software Media Fund).

Attendance at the October 18, 2004 meeting of the Committee on Council was as follows:

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

Absent: Councilmembers Maddox and Winslow

Council President Lisa M. Borders Presided

CITY UTILITIES COMMITTEE (1)

HOWARD SHOOK, CHAIR

Attendance at the October 12, 2004 meeting of the City Utilities Committee was as follows:

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

Absent: None

04R1749 ( 1) A Resolution by City Utilities Committee authorizing the Mayor or her designee to enter into Amendment Agreement No. 1 with Brown and Caldwell for FC-7401-02, Watershed Master Plan, to extend the Contract completion date on behalf of the Department of Watershed Manageme