The Atlanta City Council held its Regularly Scheduled Meeting on Monday, November 01, 2004. The Meeting convened at 1:04 p.m. in the Council Chambers at City Hall. The roll was called and a quorum was declared.

PRESIDER: The Honorable Lisa M. Borders, Council President presided.

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

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

REPORT OF THE JOURNAL: Mrs. Rhonda Dauphin Johnson, Municipal Clerk, certified to the Council and the Committee on Council, that the Action/Minutes of the October 18, 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 November 01, 2004 meeting was ADOPTED without objection.

04C1947 ( 1)Communication by Adam L. Smith, Chief Procurement Officer, submitting the September 2004 Monthly Contracts Report to the Atlanta City Council and Clerk of Council pursuant to Section 2-1142 of the Atlanta City Code of Ordinances.

FILED WITHOUT OBJECTION

04C1949 ( 2)Communication by Rhonda Dauphin Johnson, Municipal Clerk, submitting a Report of Administrative Corrections made to previously adopted legislation between the Council’s Regular Meeting dates of October 18, 2004 and November 01, 2004 to the Atlanta City Council in accordance with Section 2-275 of the Atlanta City Code of Ordinances.

There was no separate discussion of the following items. If discussion on any item is desired, the item will be removed from the Consent Agenda and will be considered separately - per Rules for the Conduct of Business of the Council of the City of Atlanta (As Amended), Rule XI; Order of Business, SECTION 11.2; Consent Agenda.

The following CONSENT AGENDA SECTION I received a Favorable Recommendation and was Adopted in accordance with Section 11.2 by the following roll call vote: 11 Yeas: Councilmembers Smith, Starnes, Young, Winslow, Shook, Muller, Moore, Maddox, Mitchell, Norwood and Willis 0 Nays.

SECTION I

ORDINANCES FOR SECOND READING

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

H. LAMAR WILLIS, CHAIR

04O1626 ( 1)Ordinance by Councilmember Debi Starnes as Substituted and Amended by Public Safety and Legal Administration Committee to revise Section 106-59 of the City of Atlanta Code of Ordinances regarding the resale of entertainment tickets for a required permit and other restrictions.

04O1795 ( 2)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.

SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT’D)

H. LAMAR WILLIS, CHAIR

04O1796 ( 3)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.

04O1828 ( 4)Ordinance 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.

04O1819 ( 5)Ordinance by Councilmember C. T. Martin as Substituted#2 by Transportation Committee authorizing the Mayor or her designee to make both sides of Chalmers Drive, SW from the northern property line of 211 Chalmers Drive to it’s Dead End, "No Parking Anytime"; and for other purposes.

SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

04O1929 ( 6)Ordinance by Councilmember Natalyn Archibong amending the 2004 (2000 Quality of Life Bond Fund) Budget in the amount of $16,370.00 by transferring funding from the International Crosswalk Installations, District 5 Project to the Traffic Calming Measures, District 5 Project for the purpose of providing sufficient funds for a Traffic Study and Design Improvements for the Cabbagetown Landmark District.

04O1758 ( 7)Ordinance as Substituted by Finance/Executive Committee amending the 2004 (Park Improvement Fund) Budget, for the purpose of transferring appropriations in the amount of $856,897.02 from Account Numbers 1C22 792001 N12201 (Reserve Designated Park Design) in the amount of $492,977.79 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 $496,897.02 and (Tennis Court Improvements Citywide) Account Number 1C22 774001 N12D04B69999 for $250,000.00, and 1C22 774001 N12D11 449999 (Ground and Site Improvements Facilities other than Buildings Woodruff Park) in the amount of $110,000.00, on behalf of the Department of Parks, Recreation and Cultural Affairs; and for other purposes.

04O1932 ( 8)Ordinance by Councilmember Natalyn M. Archibong authorizing the reimbursement of Development Impact Fees paid by Arizona Partners, LLC located at 195 Arizona Avenue; and for other purposes.

SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

CITY UTILITIES COMMITTEE

HOWARD SHOOK, CHAIR

04O1430 ( 9)Ordinance by Councilmember Jim Maddox as Substituted by the City Utilities Committee authorizing the Mayor to enter into a Sewer Agreement with Coventry Station Partners, LLC for construction of improvements to the Camp Creek Outfall Relief Sewer Phase 2; anticipating and appropriating Water and Sewer Funds in the amount of $368,000.00; and for other purposes.

04O1926 (10)Ordinance by Councilmember Felicia A. Moore to waive the sidewalk requirements of Section 15-09.003 of the City of Atlanta Code of Ordinances to provide that certain subdivision applications deposit a dollar amount equal to the value of the required sidewalk construction into a designated Trust Fund Account for District 9; and for other purposes.

04O0885 (11)Ordinance by Community Development/Human

NPU’s-M and N Council District 2

SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

04O1937 (12)Ordinance by Councilmembers Howard Shook and Ceasar C. Mitchell as Substituted by Community Development/Human Resources Committee authorizing the Mayor or her designee, on behalf of the City, to negotiate for and purchase property of approximately 2.7 acres in the City of Atlanta known as the Capital City Club property from the Capital City Club, for an amount not to exceed $432,800.00 to be charged to and paid from Trust Fund-Service Grants-North Buckhead/Brookhaven Greenspace Account 3P02 529002 N12D1127QNA0 and General Government Capital Outlay Fund-Land-North Buckhead/Brookhaven Parks and Open Space Account 1C28 571001 Y63D10119991; and for other purposes.

04O1941 (13)Ordinance by Councilmember Cleta Winslow to correct Ordinance #03-O-0600 by amending the legal description for the "Harris Homes Revitalization, Phases I & II, Housing Enterprise Zone" (UEZ-03-04) to reflect two separate legal descriptions for Phase I (Multifamily Housing) and Phase II (Senior Housing); and for other purposes.

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

H. LAMAR WILLIS, CHAIR

04R1893 ( 1)Resolution by Public Safety and Legal Administration Committee authorizing the Mayor or her designee to accept on behalf of the Fire Department the donation of a check in the amount of $1,000.00 from the MeadWestvaco Packaging System, LLC as a gift to be used by Fire Station #8 for improving the station work environment.

SECTION I (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT’D)

H. LAMAR WILLIS, CHAIR

04R1894 ( 2)Amended Resolution by Public Safety and Legal Administration Committee authorizing the Mayor or her designee to issue a Notice to Proceed with United Consulting, for FC-7449-02B, Citywide Annual Contract for Geotechnical and Environmental Engineering Testing and Investigation Services on behalf of the Department of Fire in an amount not to exceed $39,000.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: 1A01 573001 W33002 (General Funds).

04R1895 ( 3)Resolution by Public Safety and Legal Administration Committee authorizing the Mayor or her designee to accept on behalf of the Atlanta Fire Department the donation of a check in the amount of $500.00 from MeadWestvaco Packaging System, LLC as a gift to be used by Fire Station #16 for improving the station work environment.

04R1916 ( 4)Resolution by Public Safety and Legal Administration Committee authorizing payment in the amount of $21,749.88 in settlement of the Claim of Carol Williams, through her attorney, Neil J. Kopitsky against the City of Atlanta to be paid from Fund, Account and Center Number 2P01 (Solid Waste Services) 529017 (Property Liquidation) T31001 (Non-Departmental); and for other purposes.

04R1917 ( 5)Resolution by Public Safety and Legal Administration Committee to correct Resolution 04-R-1676 changing the Fund Center Number to Q30001 (Deputy Director, Waste Water Treatment and Collections).

SECTION I (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT’D)

H. LAMAR WILLIS, CHAIR

04R1918 ( 6)Resolution by Public Safety and Legal Administration Committee authorizing payment in the amount of $4,667.85 in settlement of the Claim of Jennifer Jones, through her insurance carrier, Allstate Insurance Company, against the City of Atlanta to be paid from Fund, Account and Center Number 2P01 (Solid Waste Services) 529017 (Property Liquidation) T31001 (Non-Departmental); and for other purposes.

04R1920 ( 7)Resolution by Public Safety and Legal Administration Committee authorizing the settlement of all Claims in the lawsuit styled Michael S. Wakefield and Rebecca S. Mick v. City of Atlanta; Superior Court of Fulton County, Georgia; Civil Action File No. 2003CV73346, in the amount of $1,500.00; authorizing the Chief Financial Officer to disburse the settlement amount from Fund, Account and Center No. 2J01 (Water/Sewer) 529017 (Property/Liquidation) Q30001 (Deputy Commissioner, Treatment and Collections); and for other purposes.

04R1896 ( 8)Resolution by Transportation Committee authorizing the Mayor or her designee to execute an Amendment No. 3 to Lease Agreement FC-6215-95 with Business Traveler Services, Inc., to add 127.34 square feet of Boarding Level Space at Gate C20 of Concourse C, in the Central Passenger Terminal Complex at Hartsfield-Jackson Atlanta International Airport; and for other purposes.

SECTION I (CONT’D)

04R1897 ( 9)Resolution by Transportation Committee authorizing the Mayor or her designee to execute Supplemental Agreement Number 6 with the Federal Aviation Administration (the "FAA") covering the surrender to the City of approximately 1.04 acres of land leased to the FAA by the City under the Lease for the Air Traffic Control Tower Site at the Hartsfield-Jackson Atlanta International Airport, designated as Lease No. DOTFA73SO-7970 dated December 18, 1973, as previously supplemented; and for other purposes.

04R1898 (10)Resolution by Transportation Committee correcting Resolution Number 03-R-0286, hereby authorizing the Mayor to execute a contractual agreement with Waldeck Hartsfield Corporation, rather than Steven Waldeck, on behalf of the Department of Aviation for the purpose of designing, fabricating, transporting and installing an artwork for the Transportation Mall at Hartsfield-Jackson Atlanta International Airport as part of the Airport Art Program, for a total cost to the City of Atlanta not to exceed $1,300,000.00, to be charged to and paid from Fund, Account and Center Number: 2H21 576001 R21002; and for other purposes.

04R1899 (11)Resolution by Transportation Committee authorizing the Mayor or her designee to execute an Agreement with Atlanta Airlines Terminal Corporation (AATC) for the removal and replacement of the Concourse E Expansion Joint at Hartsfield-Jackson Atlanta International Airport, for a cost to the City not to exceed $1,134,617.00 to be charged to and paid from Fund, Account and Center Number: 2H21 523001 R21001 (Renewal and Extension Fund); and for other purposes.

SECTION I (CONT’D)

04R1930 (12)Resolution by Councilmember Natalyn Archibong authorizing the Mayor or designee to issue a Notice to Proceed with Atlanta Services Group, a Joint Venture for FC-7619-03B, Annual Contract for Architectural and Engineering Services to provide a Traffic Study and Design Improvements for the Cabbagetown Landmark District on behalf of the Department of Public Works in an amount not to exceed $34,600.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: 1C45 574001 M41G016292BG.

04R1884 (13)Resolution by Finance/Executive Committee to authorize the City Attorney to execute a Retainer Agreement with the Law Firms of Sutherland, Asbill & Brennan and Thomas, Kennedy, Sampson & Patterson to serve as Co-Bond and Disclosure Counsel to the City of Atlanta in connection with certain Aviation Public Finance Transactions Series 2004 F; to authorize the Chief Financial Officer to cause payment to be made for fees and costs for services rendered pursuant to said Retainer Agreement in an amount not to exceed $600,000.00 plus actual expenses; and for other purposes.

SECTION I (CONT’D)

04R1886 (14)Amended Resolution by Finance/Executive Committee authorizing the Mayor to enter into an appropriate agreement with International System Strategies, Incorporated for the development of software upgrades and continued maintenance support of the existing BCRS System on behalf of the Department of Finance, in an amount not to exceed $90,450.00; all contracted work shall be charged to and paid from 2P01 523001 J73001 (Service/Repair/Maintenance); and for other purposes.

04R1888 (15)Amended Resolution by Finance/Executive Committee authorizing the Chief Procurement Officer to utilize the General Services Administration (GSA) Contract GS-25F-0010M with Pitney Bowes for a blanket purchase order for a forty eight (48) month lease of T530 Wedge Scanner, J583 Tracking Assistant W/Cradle, TS36 Label Printer, Accent Monitor Meter Interface DM1000-30LB Scale and Stacker, on behalf of the Office of General Services, in an amount not to exceed $24,708.00 yearly. All contracted work shall be charged to and paid from Fund Account and Center Numbers: 1A01 General Fund, 578003 Lease Purchase-Equipment, D45107 Mail Services.

04R1889 (16)Substitute Resolution by Finance/Executive Committee authorizing the Mayor or her designee to enter into an Appropriate Renewal No. 2 Agreement with ACS State and Local Solutions; to provide Financial Collection Services for FC-7442-02-A, for delinquent account receivables on behalf of the Department of Finance. All funds shall be deposited into Fund, Account and Center Numbers: 3P01 524001 J71T17019999 and 3PO1 524001 Q66T17019999 (Agency Fund, Consultant/Prop. Services/Collection Fee-Accounts Receivable).

SECTION I (CONT’D)

04R1890 (17)Resolution by Finance/Executive Committee authorizing the Chief Procurement Officer to utilize the (GSA) Contract GS-30F-1022H with MADVAC, Inc. for the purchase of two (2) MADVAC 101-D, two (2) MADVAC 231-D and two (2) MADVAC 61-D on behalf of the Department of Aviation and Department of Public Works, in an amount not to exceed $214,459.36. All contracted work shall be charged to and paid from Fund, Account and Center Number: 2H21 Airport Revenue & Extension Fund – 575002 Motorized Equipment – R43001 Terminal Support Maintenance, 1A01 General Fund – 575002 Motorized Equipment – M36501 Trash Troopers, 1A01 General Fund – 575002 Motorized Equipment – M36401 Street Cleaning.

04R1891 (18)Resolution by Finance/Executive Committee authorizing the Chief Procurement Officer to utilize State of Georgia contract GTA-00119 with Xerox for the purchase of a Workcentre Pro 75 Copier on behalf of the Department of Aviation, in an amount not to exceed $28,445.00. All contracted work shall be charged to and paid from Fund, Account and Center Number 2H21 Renewal & Extension Fund, 575001 Non Motorized Equipment, R11002 Human Resources.

04R1928 (19)Resolution by Councilmember Debi Starnes authorizing the Mayor to execute a Local Government Project Agreement with the Georgia Department of Transportation for the funding of a Transportation Improvement Program for the Simpson-West Peachtree Pedestrian Rail Connections; authorizing the Mayor to execute an Agreement with the Downtown Atlanta Community Improvement District for the purposes of implementing a Transportation Improvement Program for the Simpson-West Peachtree Pedestrian Rail Connections and the Peachtree Pedestrian Crossings Project; and for other purposes.

SECTION I (CONT’D)

04R1938 (20)Resolution by Councilmember Ivory Lee Young, Jr. as Amended by Finance/Executive Committee authorizing the Chief Financial Officer to establish a Trust Fund Account for the Atlanta City Council District 3 Holiday Family Assistance Initiative; and for other purposes.

04R1870 (21)Resolution by City Utilities Committee to approve the City of Atlanta’s Solid Waste Management Plan Short Term Work Plan Update for submission to the Atlanta Regional Commission; to repeal conflicting Resolutions or parts thereof; and for other purposes.

04R1871 (22)Substitute Resolution by City Utilities Committee authorizing the Mayor or her designee to enter into an appropriate contractual agreement with Dreamsan, Inc., for FC-6004007836, Recycling Program, on behalf of the Department of Public Works in an amount not to exceed $2,600,000.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: 2P01 524001 M38301 (Solid Waste Services Revenue Fund-Sanitary Svcs. Rev.)

04R1874 (23)Substitute Resolution by City Utilities Committee authorizing the Mayor or designee to enter into an appropriate contractual agreement with Rockdale Pipeline, Inc., for FC-6004007832B, Annual Contract for Repair and Replacement of Large Water Meters on behalf of the Department of Watershed Management in an amount not to exceed $658,588.50. All contracted work shall be charged to and paid from Fund, Account and Center Number: Fund, Account and Center Numbers: 2J21 574001 Q65101. (Water & Wastewater Renewal and Extension Fund).

SECTION I (CONT’D)

CITY UTILITIES COMMITTEE

HOWARD SHOOK, CHAIR

04R1945 (24)Resolution by City Utilities Committee authorizing the Mayor or designee to enter into an appropriate contractual agreement with Metals and Materials Engineers, LLC, for FC-6004007832A, Annual Contract for Repair and Replacement of Large Water Meters on behalf of the Department of Watershed Management in an amount not to exceed $2,300,963.50. All contracted work shall be charged to and paid from Fund, Account and Center Number: 2J21 574001 Q65101 (Water & Wastewater Renewal and Extension Fund).

04R1878 (25)Resolution by Community Development/Human Resources Committee authorizing the Mayor to submit two grant applications to the U.S. Environmental Protection Agency under the 2005 Brownfield Assessment Program for (1) hazardous sites and (2) for petroleum site projects in the City of Atlanta, each grant application shall be for an amount not to exceed $200,000.00; and for other purposes.

04R1940 (26)Resolution by Councilmember Carla Smith authorizing the Mayor to submit to the Georgia Department of Community Affairs a Quality Growth Grant Program application for an amount not to exceed $25,000.00 for the purpose of funding a community planning process; and for other purposes.

SECTION I (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

H. LAMAR WILLIS, CHAIR

04R1908 ( 1)Claim of Jearl Ervin, through her attorney, Jo Ann Fields, for damages alleged to have been sustained as a result of a vehicular accident on January 28, 2004 at West Ontario and Derry Avenues, SW. $22,500.00

04R1909 ( 2)Claim of Ramona Riley, for damages alleged to have been sustained as a result of driving over a construction site that was left in an unsafe manner on November 5, 2003 at 1099 Oakland Drive, SW. $535.00

04R1910 ( 3)Claim of James J. Ho, M.D., for damages alleged to have been sustained from two sanitary sewer backups on October 24, 2003 and August 24, 2004 at 591 10^th Street, NW.

$6,848.50

04R1911 ( 4)Claim of USAA Casualty Insurance, as subrogee of Brian M. Yanni, for damages alleged to have been sustained from an automobile accident on July 28, 2004 at Highland Avenue, NE and University Drive, NE. $831.51

04R1912 ( 5)Claim of Shedrick Johnson, through his attorney, T. K. Read, for damages alleged to have been sustained as a result of an automobile accident due to a defective roadway on May 16, 2003 at 1191 Fayetteville Avenue, SE. $6,708.00

SECTION I (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT’D)

H. LAMAR WILLIS, CHAIR

04R1913 ( 6)Claim of GEICO Direct, as subrogee of Kristopher Long, for damages alleged to have been sustained as a result of an automobile accident on June 11, 2004 at 531 Luckie Street, NW. $3,185.21

04R1914 ( 7)Claim of Charles Teddy Kundak, for damages alleged to have been sustained as a result of an automobile accident on September 3, 2004 at Tuxedo Road, NW and Northside Drive, NW. $1,433.49

04R1915 ( 8)Claim of Mildred D. Tatum, for damages alleged to have been sustained as a result of a vehicular accident on June 29, 2004 at 422 Chappell Road, NW. $2,540.00

04R1162 ( 9)Claim of Patrick Kelly through his attorney, Richard S. Alembik, for damages alleged to have been sustained as a result of property damage to 320 Cherokee Place due to the construction of a house at 605 Grant Street on April 18, 2003.

04R1172 (10)Claim of Campbell Vaughn through his attorney, Richard S. Alembik, for damages alleged to have been sustained as a result of property damage to 316 Cherokee Place due to the construction of a house at 605 Grant Street on April 18, 2003.

SECTION I (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT’D)

H. LAMAR WILLIS, CHAIR

04R1178 (11)Claim of Clara Ruth Neal, for damages alleged to have been sustained during a sanitation pickup on March 26, 2004 at 1581 Woodland Circle.

04R1782 (12)Claim of Dr. William L. Cole, for damages alleged to have been sustained as a result of a stream bank improvements project and from flooding of a creek abutting the property at 1015 Canter Road, NE on an ongoing basis.

04R1900 (13)Claim of Glen Daris Robinson, for damages alleged to have been sustained as a result of a sewer backup on April 15, 2004 at 893 Hargis Street, SE.

04R1901 (14)Claim of Edward A. Weiler, for damages alleged to have been sustained as a result of an account balance on his water bill between 1995 and 2004 at 650 Windsor Parkway.

04R1902 (15)Claim of Michelle Lampl, for damages alleged to have been sustained as a result of striking a water valve cover on August 20, 2004 at 3127 Lenox Road, NE.

04R1903 (16)Claim of David H. Slavin, for damages alleged to have been sustained as a result of driving through an intersection that was improperly marked on February 27, 2004 at Roxboro Road, NE and Rockhaven Circle, NE.

SECTION I (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT’D)

H. LAMAR WILLIS, CHAIR

04R1904 (17)Claim of Barbie Cooper, for damages alleged to have been sustained as a result of a vehicular accident on January 8, 2004 at Jonesboro and McWilliams Roads.

04R1905 (18)Claim of De Lage Landen Financial Services, through its agent, Advanced Recovery Systems, for damages alleged to have been sustained as a result of non-payment of a lease agreement on July 2, 1996 at the Office of the Atlanta Empowerment Zone Corporation.

04R1906 (19)Claim of Johnny L. Daniel, for damages alleged to have been sustained as a result of vehicular damage due to a falling tree limb on April 18, 2004 at 1140 Donald Lee Hollowell Parkway.

04R1907 (20)Claim of Joe L. Williams, 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 August 22, 2002 at 2770 Campbellton Road, SW.

04O1885 ( 1)Ordinance by Finance/Executive Committee authorizing the Commissioner of the Department of Parks, Recreation and Cultural Affairs to approve tenant improvements at Dunbar Center, Georgia Hills Center, and John Birdine Center and to grant rent abatements therefor in an amount no greater than $2.00 per square foot; and for other purposes.

04O1887 ( 2)Ordinance by Finance/Executive Committee amending the 2004 (Intergovernmental Grant Fund) Budget for the Community Court by adding to Anticipations and Appropriations an amount of $128,492.00 from the Georgia Department of Human Resources, Division of Mental Health, Developmental Disabilities and Addictive Diseases (Metro Regional Office) for the purpose of continuing Clinical Assessment Services for criminal defendants participating in Community Court; and for other purposes.

04O1919 ( 3)Ordinance by Finance/Executive Committee adopting the 2005 Tentative Budget; and for other purposes.

CITY UTILITIES COMMITTEE

HOWARD SHOOK, CHAIR

04O1872 ( 4)Ordinance by City Utilities Committee to amend Ordinance 04-O-0506 adopted by the Council of the City of Atlanta, Georgia on May 3, 2004 and approved by the Mayor of the City of Atlanta, Georgia on May 11, 2004, by changing line amount designated in Section One of said Ordinance referenced by West End Trail Capital Expense, from $876,000.00 to $957,600.00 in order to adopt the actual federal matching amount per Project Management Agreement updated construction cost amounts for the Fiscal Years 2004 to 2006, the Congestion Mitigation and Air Quality (CMAQ) and Surface Transportation Program (STP) funding will be revised from $2,484,000.00 to $2,565,600.00; and for other purposes.

04O1879 ( 7)Ordinance by Community Development/Human Resources Committee to correct Ordinance #03-O-0553 by providing an amended legal description for the "Pittsburg Redevelopment Housing Enterprise Zone" (UEZ-03-07); and for other purposes.

Council President Lisa M. Borders Presided

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (1)

H. LAMAR WILLIS, CHAIR

Attendance at the October 26, 2004 meeting of the Public Safety and Legal Administration Committee was as follows:

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

Absent: None

04R1510 ( 1)Resolution by Public Safety and Legal Administration Committee authorizing the Mayor or designee to enter into Renewal Agreement No. 3 with Professional Probation Services, Inc., for FC-7087-99, Privatization of Probation Services, on behalf of City Court of Atlanta; the contract shall be Revenue Generating and funds shall be deposited in Fund, Account and Center Number: 1B05 451101 B00001 (Traffic Court Operations Fund).

Attendance at the October 26, 2004 meeting of the Public Safety and Legal Administration Committee was as follows:

Present: Councilmembers Martin (Vice-Chair), Muller, Mitchell, Norwood and Willis

Absent: Councilmembers Moore and Sheperd

04R0988 ( 1)Substitute Resolution by Transportation Committee authorizing the Mayor or her designee to award and execute a Concession Lease Agreement with Duty Free Air and Ship Supply, for FC-7313-01, Concourse "E" Duty Free Concession on behalf of the Department of Aviation.

04R1108 ( 2)Resolution by Councilmember Mary Norwood requesting the Mayor or her designee to rescind FC-7313-01 Concourse "E" Duty Free Concession Request for Proposal (RFP) and issue a new RFP seeking proposals to build, fit, finish, operate, maintain and manage a new duty free store on Concourse E; and for other purposes.

Attendance at the October 27, 2004 meeting of the Zoning Committee was as follows:

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

Absent: Councilmembers Moore and Sheperd

04O1636 ( 1)Ordinance by Zoning Committee to rezone from the R-

Z-04-90 5 (Two-Family Residential) District to the RG-3 (Residential General – Sector 3) District, property located at 94 Lucy Street, S.E. (A.K.A. 450 Todd Street) fronting 47.65 feet on the East side of Lucy Street beginning at the Northeast corner of Todd Street and Lucy Street. Depth: varies; Area: approximately 6,563 square feet; Land Lot 45, 14^th District, Fulton County, Georgia. Owner: Capitol Development Group; Applicant: Robert Reed; NPU-M Council District 2.

04O0903 ( 2)Ordinance by Zoning Committee to rezone from the R-

Z-04-38 5 (Two Family Residential) District to the PD-H (Planned Development-Housing) District, property located at 1359-1369 La France Street, N.E. fronting 155 feet on the South side of La France Street beginning 147 feet East from the Southeast corner of Flora Avenue. Depth: 701.33 feet; Area: 2.494 acres; Land Lot 209, 15^th District, DeKalb County, Georgia; Owner: Atlanta Farmhouse Partners, LLC; Applicant: Eric J. Kronberg; NPU-O Council District 5.

04O1359 ( 3)Ordinance by Councilmember Felicia A. Moore to

Z-04-97 amend the 1982 Zoning Ordinance of the City of Atlanta by re-designating thirteen properties having existing Zoning Districts C1, C2, I1, I1-C and R5 with Districts MRC-1, MRC-2, R4A, I1-C and O-I as part of the implementation of the Donald L. Hollowell Parkway Redevelopment Plan; and for other purposes.

04O1556 ( 4)Ordinance by Zoning Committee to rezone from the R-

Z-04-101 3 (Single-Family Residential) District to the PD-H (Planned Development-Housing) District, property located at 520, 528, 530 and 546 Hillside Drive, N.W. fronting 413.52 feet on the South side of Hillside Drive 300.26 feet from the Southwest corner of North Proadland Road. Depth: varies; Area: 5.78; Land Lot 139, 17^th District, Fulton County, Georgia; NPU-A Council District 8.

04O1647 ( 5)Ordinance by Zoning Committee granting a Special

U-04-19 Use Permit for a hotel (Section 16-13.005 (1)(G), property located at 759 Washington Street (A.K.A. Pollard Blvd.) fronting approximately 437 feet on the West side of Washington Street beginning 563.46 North of the Northwest corner of Ormond Street. Depth: varies; Area: 1.86 acres; Land Lot 75, 14^th District, Fulton County, Georgia. Owner: Bhagyawanti, Inc.; Applicant: Mukesh A. Patel; NPU-V Council District 1.

04O1648 ( 6)Amended Ordinance by Zoning Committee granting

U-04-20 a Special Use Permit for special event for private club (East Lake Golf Club) (Section 16-06.005 (1)(D), property located at 2560 & 2570 Alston Drive, S.E. (A.K.A. 253, 261, 269 East Lake Drive) fronting 249.47 feet on the North side of Alston Drive beginning at the Northwest corner of East Lake Drive. Property also fronts 330.35 feet on West side of East Lake Drive and 247.22 feet on the East side of Club Place. Depth: varies; Area: approximately 1.7 acres; Land Lot 181, 15^th District, DeKalb County, Georgia. Owner: Nonami Real Estate, LLC and East Lake Investments, Inc.; Applicant: Charles F. Palmer; NPU-O Council District 5.

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

Z-04-96 (Light Industrial) District to the PD-MU (Planned Development-Mixed Use) District, property located at 1615 Johnson Road, N.W. fronting 1353.98 feet on the North side of Johnson Road beginning approximately 571 feet West from the Southwest corner of Perry Boulevard. Depth: varies; Area: 25.5 acres; Land Lots 224 & 225, 17^th District, Fulton County, Georgia. Owner: Glenn E. Murer; Applicant: Brock Built, LLC; NPU-G Council District 9.

04O0071 ( 8)Ordinance by Zoning Committee to rezone from the R-

Z-03-86 5 (Two Family Residential) District to the RG-3 (Residential General-Sector 3) District, property located at 758 Carter Street, N.W., fronting 43.61 feet on the South side of Carter Street beginning 113.6 feet East from the Southeast corner of James P. Brawley Drive. Depth: varies; Area: 21,707 square feet; Land Lot 110, 14^th District, Fulton County, Georgia. Owner: Ken Jordan; Applicant: same; NPU-L Council District 3.

ADVERSED BY A ROLL CALL VOTE OF 12 YEAS; 0 NAYS

04O1646 ( 9)Ordinance by Zoning Committee granting a Special

U-04-18 Use Permit for cement manufacturing plant (Section 16-17.005 (1)(E), property located at 885 Glenwood Avenue, S.E. fronting 267.14 feet on the South side of Glenwood Avenue beginning at the Southeast corner of Chester Street. Depth: varies; Area: 3.13 acres; Land Lot 12, 14^th District, Fulton County, Georgia. Owner: LaFarge Building Materials, Inc.; Applicant: Richard Tyler; NPU-W Council District 1.

FILED BY A ROLL CALL VOTE OF 12 YEAS; 0 NAYS

04O1296 (10)Ordinance by Zoning Committee to rezone from the I-

Z-04-66 1-C (Light Industrial-Conditional) District to the I-1 (Light Industrial) District, property located at 825-837 Hollywood Road, N.W., fronting approximately 369.01 feet on the Northeasterly side of Hollywood Road beginning 115 feet Northwesterly from the Northwest corner of Margaret Street. Depth: varies; Area: 6.382 acres; Land Lot 176, 14^th District, Fulton County, Georgia. Owner: John D. Flood; Applicant: Flood Brothers; By: M. Hakim Hilliard, Esq.; NPU-J Council District 9.

04O1944 ( 1)Ordinance by Zoning Committee correcting Ordinance

Z-04-54 04-O-1138 adopted by City Council September 7, 2004, approved by the Mayor September 15, 2004 rezoning property located at 972-980-990-1000-1022 Marietta Street, NW from the I-1-C (Light Industrial-Conditional) District & I-2 (Heavy Industrial) District to the LW (Live Work) District so that the Zoning Ordinance of the City of Atlanta be amended, and the Maps established in connection therewith be changed so that only property located at 972 Marietta Street, NW be changed from the I-2 (Heavy Industrial) District, to the I-1 (Light Industrial) District; and for other purposes.

Attendance at the October 27, 2004 meeting of the Finance/Executive Committee was as follows:

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

Absent: Councilmembers Fauver and Moore

04-R1948 ( 1)Report of the Chief Financial Officer of the transfer of appropriations from one Line Item to another Line Item in various funds approved under Section 6-304 (b) of the Charter of the City of Atlanta.

0401801 ( 1) 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.

04O1737 ( 2)Ordinance by Committee on Council as Amended by the Atlanta City Council to amend the 2001 City of Atlanta Precinct and Polling Places in Precincts 01C, 01P1, 01P2, 05L, 06J, 07F and 08C as a result of closings or renovation completions; and for other purposes. (Held 10/18/04)

UEZ-04-20 Resources Committee to create the "Hidden Creste Apartments Housing Enterprise Zone", to be located at 3200 Stone Road, SW; and for other purposes. (Public Hearing held 9/27/04)

04O1656 ( 2)Substitute Ordinance by Community Development/Human Resources Committee amending the 2004 (Community Development Fund) Budget by transferring appropriations in the amount of $148,441.00 amending the 2004 (Home Investment Trust Fund) Budget by transferring $2,089,022.00 and amending the 2004 (Intergovernmental Grant Fund) Budget by transferring appropriations in the amount of $1,000,860.00 for the purpose of reprogramming various CDBG, HOME and HOPWA Projects for inclusion in the year 2005 Annual Action Plan for the 2005-2009 Consolidated Plan; and for other purposes. (Public Hearing held 10/11/04) (Work Session held 10/20/04)

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION