ATLANTA CITY COUNCIL

The Atlanta City Council held its Regularly Scheduled Meeting on Monday, November 15, 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 following (14) voting members were present at the Meeting:

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

REPORT OF THE JOURNAL: Mrs. Rhonda Dauphin Johnson, Municipal Clerk, certified to the Council and the Committee on Council, that the Action/Minutes of the November 01, 2004 Regular Meeting and the November 10, 2004 Special Called Meeting of the Atlanta City Council are true and correct. The Minutes were FILED without objection.

THE ADOPTION OF THE AGENDA: The Agenda for the November 15, 2004 meeting was ADOPTED; however, a Motion was made by Councilmember Starnes to re-order the Agenda by having the Standing Committee of Finance/Executive report last. It was Seconded by Councilmember Shook and the Motion CARRIED by a roll call vote of 11 yeas; 1 nay. Following, a discussion ensued, during which, Councilmember Archibong made a Motion to Reconsider the Starnes' Motion. It was Seconded by Councilmember Martin and the Motion CARRIED by a roll call vote of 8 yeas; 5 nays. The Adoption of the Agenda was before the Council. Mr. Martin then made a Motion to re-order the Agenda by having the Standing Committee of Finance/Executive to report first. It was Properly Seconded and discussion ensued, in which, Councilmember Smith Called the Question. The Motion then CARRIED Without Objection. Subsequently, the Martin's Motion to have the Standing Committee of Finance/Executive report first CARRIED by a roll call vote of 8 yeas; 5 nays.

04C2090 ( 1) A Communication by Mayor Shirley Franklin appointing Hans K. Klein 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.

04C2091 ( 2) A Communication by Michael D. Johnson, Chair, Board of Ethics, submitting the selection of Chuck Barlow by the Atlanta Business League as their representative on the City of Atlanta's Board of Ethics. This appointment is for a term of three (3) years.

04-C- 2118 ( 3) A Communication by Mayor Shirley Franklin re-appointing Michael Walls to serve as a member of the MARTA Board of Directors for the City of Atlanta. This appointment is for a term of four (4) years, effective upon Council confirmation.

04C2119 ( 4) A Communication by Mayor Shirley Franklin re-appointing Juanita Jones Abernathy to serve as a member of the MARTA Board of Directors for the City of Atlanta. This appointment is for a term of four (4) years beginning 1/01/04, effective upon Council confirmation.

04O1801 (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.

There was no separate discussion of the following items with the exception of item 04-O-2036 which was removed from the Consent Agenda, and considered separately per Rules for the Conduct of Business of the Council of the City of Atlanta (As Amended), Rule XI; Order of Business, SECTION 11.2; Consent Agenda.

The following CONSENT AGENDA SECTION I received a Favorable Recommendation and was Adopted in accordance with Section 11.2 by the following roll call vote: 13 Yeas: Councilmembers Smith, Young, Winslow, Archibong, Fauver, Shook, Muller, Moore, Martin, Maddox, Sheperd, Norwood and Willis 0 Nays.

SECTION I

ORDINANCES FOR SECOND READING

04O1887 ( 1) A Substitute 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.

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

SECTION I (CONT'D)

ORDINANCES FOR SECOND READING (CONT'D)

04O1872 ( 2) An 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.

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

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

04O1946 ( 4) An Ordinance by City Utilities Committee amending Chapter 154, Article III, Division 3, Sections 154-111 and 154-112 (Water Rates and Charges) and Chapter 154, Article V, Division 3, Sections 154-276 and 154-277 (Sewer Rates and Charges) to reduce the scheduled increases for Water and Sewer Rates for the City of Atlanta, Georgia and to establish a graduated rate of increase for the Water and Sewer Rates for the City of Atlanta to be charged to all residents, premises and facilities served by the water and sewer system of the City; 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 (CONT'D)

HOWARD SHOOK, CHAIR

04O2030 ( 5) An Ordinance by Councilmember Howard Shook as Amended by City Utilities Committee to authorize acceptance of dedication of certain rights-of-way to be constructed in accordance with the SPI-15 Subarea 8 Lindbergh Residential Master Plan Map as consideration for abandonment of certain streets; to amend Ordinance 03-O-1651, which authorized the abandonments; to waive certain provisions of Sections 2-1578 and 138-2 of the Code of Ordinances; and for other purposes.

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

04O2031 ( 6) An Ordinance by Councilmember Howard Shook as Amended by City Utilities Committee to authorize acceptance of dedication of certain rights-of-way to be constructed in accordance with the SPI-15 Subarea 8 Lindbergh Residential Master Plan Map as consideration for abandonment of certain streets; to amend Ordinance 03-O-1652, which authorized the abandonments; to waive certain provisions of Sections 2-1578 and 138-2 of the Code of Ordinances; and for other purposes.

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

04O2038 ( 7) An Ordinance by Councilmember Felicia A. Moore authorizing the Mayor or her designee to waive the sidewalk requirements of Section 15-09.003 of the City of Atlanta Code of Ordinances, to provide that a certain subdivision SD-04-42 (2260 Paul Avenue) applicant deposit a dollar amount ($6,245.00) equal to the value of the required sidewalk construction into a designated Trust Fund Account for District 9; 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)

04O1417 ( 8) An Ordinance by Councilmember Felicia A. Moore to

NPU-D Council District 9

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

04O1879 ( 9) An Amended 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.

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

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

H. LAMAR WILLIS, CHAIR

03O2222 (10) An Ordinance by Councilmember Natalyn Archibong as Substituted by Public Safety and Legal Administration Committee to amend the Code of Ordinances Chapter 10, Article II, Division 2, Section 10-106, so as to require all licensees under this division to verify compliance with applicable zoning laws upon renewal of their licenses; 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)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT'D)

H. LAMAR WILLIS, CHAIR

04O0044 (11) An Ordinance by Councilmembers Howard Shook and Clair Muller as Substituted by Public Safety and Legal Administration Committee to amend Section 10-1, Article 1, and Section 10-57, Article II, to Chapter 10 of the Code of Ordinances, City of Atlanta, Georgia, so as to amend the parking requirements for those licensed to sell alcoholic beverages; and for other purposes.

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

04O2036 (12) An Ordinance by Councilmember Jim Maddox to amend Chapter 10, Article II, Section 10-92(B) of the City of Atlanta Code of Ordinances so as to provide an exemption from the distance requirements for package stores licensed to sell malt beverages and/or wine by the package listed in Section 10-88.1 for an establishment located at 4485 Campbellton Road, SW; and for other purposes.

04R1982 ( 1) A Resolution by Transportation Committee authorizing the Mayor to execute an appropriate Contractual Agreement with Cleveland Electric Company, for Project Number 3004007812, Concourse E Generator Relocation on behalf of the Department of Aviation to be paid in an amount not to exceed $2,793,190.00; All contracted work shall be charged to and paid from Fund, Account and Center Numbers; 2H30-574001-R21E012693CK in the amount of $2,201,012.00 (2004 Airport Revenue Fund Bond) and 2H30-574001-R21E012693CL in the amount of $592,178.00 (2004 Airport Revenue Fund Bond).

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

SECTION I (CONT'D)

04R1983 ( 2) A Resolution by Transportation Committee authorizing the Mayor or her designee to execute a Contractual Agreement with Andree Studios, Incorporated and Gary Lee Super Associates Inc., for FC-7472-02 Display Cases at "T" Gates at Hartsfield-Jackson Atlanta International Airport, for the purpose of designing, fabricating, transporting and installing display cases as part of the Airport Art Program, for a cost to the City not to exceed $287,950.00 to be charged to and paid from Fund, Account and Center No. 2H21 576001 R21002 (Renewal & Extension Fund); and for other purposes.

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

04R1984 ( 3) A Resolution by Transportation Committee authorizing the Aviation General Manager to issue a Work Authorization to Hartsfield Support Services Team for FC-7369-01, Architectural and Engineering Major Support Services in an amount not to exceed $330,000.00 for Architectural and Engineering Design of the demolition of the existing FAA Control Tower and complete the Design of the Runway 10-28 Aircraft Rescue and Firefighting Facility (ARFF) Projects at Hartsfield-Jackson Atlanta International Airport. All contracted work shall be charged to and paid from Fund, Account, and Center Number 2H21 524001 R21E102099999 (Renewal & Extension Fund).

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

04R1985 ( 4) An Amended Resolution by Transportation Committee authorizing the Mayor or her designee to execute an Amendment to FC-7333-01 Financial Feasibility Study for the Consolidated Rental Car Facility at Hartsfield-Jackson Atlanta International Airport extending the term of the contract through July 30, 2005, on behalf of the Department of Aviation; and for other purposes.

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

SECTION I (CONT'D)

04R1988 ( 5) A Resolution by Transportation Committee authorizing the Mayor to execute a Lease Agreement with the United States of America for the lease of certain space (87,460 square feet of rentable space) within the former Georgia International Convention Center located in College Park, Georgia for the use of the Federal Emergency Management Agency, such space to be leased at Actual Cost for the operation of the space; and for other purposes.

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

04R1977 ( 6) A Resolution by Finance/Executive Committee authorizing the Mayor or her designee to accept the name change of US Filter Operating Services to Veolia Water North America, registered to do business in the State of Georgia, to be referred to herein thereafter for FC-7338-01, Long-Term Biosolids Management Services Contractor.

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

04R1979 ( 7) A Resolution by Finance/Executive Committee authorizing the Chief Procurement Officer to utilize the GSA Contract GS-07F-8815D with Kut Kwick Corp. for the purchase of two (2) Commercial Slope Mowers, two (2) Canopies, two (2) Deluxe Gauge packages, two (2) Light kits and two (2) Rotary Beacons on behalf of the Department of Aviation, in an amount not to exceed $76,084.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: 2H21 (Airport Revenue), 575002 Motorized Equipment, R41001 Maintenance Administration.

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

SECTION I (CONT'D)

04R2041 ( 8) A Resolution by Finance/Executive Committee reaffirming the necessity of the $1.50 monthly surcharge on telephone bills for the operation of the "911" system and directing Southern Bell, a BellSouth Company, and all of the telephone companies providing telephone service in the City of Atlanta, to continue collecting the surcharge for the period January 1, through December 31, 2005.

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

04R2042 ( 9) A Resolution by Finance/Executive Committee reaffirming the necessity of the $1.50 monthly surcharge upon each wireless telecommunication connection subscribed to telephone subscribers whose billing address is within the City of Atlanta, pursuant to the authorization granted in Sections 46-5-133(A) and 46-5-134(A)(2)(A) of the Official Code of Georgia Annotated; and for other purposes.

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

04R2092 (10) An Amended Resolution by Finance/Executive Committee authorizing the Mayor to enter into a contractual agreement for FC-6004007808 the Voluntary Insurance and FSA Benefits with American Family Life Assurance Company of Columbus (AFLAC) for 2005; and said shall be charged to and paid from the appropriate Fund, Account and Center Number: 1A01 211592 A00001 (DED-AFLAC Sup Insurance); and for other purposes.

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

SECTION I (CONT'D)

04R2093 (11) An Amended Resolution by Finance/Executive Committee authorizing the Mayor to enter into a contractual agreement with Standard Life Insurance Company for FC-6004007808 the Life Insurance for 2005; and said shall be charged to and paid from the appropriate Fund, Account and Center Numbers: 3T01 527007 T62202 Employee Life Insurance Expense, 3T01 529010 T62202 Employee Life Insurance Expense-Retiree; and for other purposes.

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

04R2094 (12) An Amended Resolution by Finance/Executive Committee authorizing the Mayor to enter into contractual Agreements for FC-6004007808 the Health, Dental and Voluntary Vision Insurances with Blue Cross Blue Shield of Georgia, Inc.; Kaiser Foundation Health Plan of Georgia, Inc.; Kaiser Permanente; United Healthcare - a United Health Group Company; CIGNA Healthcare of Georgia; OHS, a Compbenefits Company; and Spectera, a United Healthcare Group, establishing premium rates for Health, Dental And Voluntary Vision Employee-Funded Insurance for 2005 and said shall be charged to and paid from the appropriate Fund, Account and Center Numbers; 3T01 527007 T62102 Employee Health Insurance Expense; 3T01 529019 T62103 Non-employee Health Insurance Retirees, 3T01 527015 T62305 Visioncare Insurance Employees, 3T01 520946 T62306 Visioncare Insurance Retirees; and for other purposes.

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

SECTION I (CONT'D)

04R2095 (13) A Resolution by Finance/Executive Committee for the of an Amendment to Contract FC-751-02 with Trinity Services Group, Inc., for Food Services at the City of Atlanta Detention Center in the amount of $400,000.00 for the purpose of providing adequate funding for the supply of Inmate Food Services on behalf of the Department of Corrections: All contracted work shall be charged to and paid from 1A01 524001 I21003 (Consulting and Professional Services).

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

04R2096 (14) A Resolution by Finance/Executive Committee to express the intent of the Atlanta City Council to approve ordinances to amend the Pension Plans for the Firefighters', Police and General Employees' Pension Plans; and for other purposes

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

CITY UTILITIES COMMITTEE

HOWARD SHOOK, CHAIR

04R1875 (15) A Substitute Resolution by City Utilities Committee authorizing the Mayor or her designee to enter into an appropriate contractual agreement with Steamatic of Greater Atlanta for FC-6004007835, Annual Contract for Clean-up Services for Sewage Spills Inside Dwellings, on behalf of the Department of Watershed Management in an amount not to exceed $157,680.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: 2J01 523001 Q38210.

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

SECTION I (CONT'D)

CITY UTILITIES COMMITTEE (CONT'D)

HOWARD SHOOK, CHAIR

04R1876 (16) A Substitute Resolution by City Utilities Committee authorizing the Mayor or her designee to enter into an appropriate contractual agreement with Player and Company, Inc., for FC-6004007825, Annual Contract for Major Electrical Repairs on behalf of the Department of Watershed Management in an amount not to exceed $256,491.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: 2J01 523001 Q64001 (Water & Waste Revenue Fund).

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

04R1877 (17) A Substitute Resolution by City Utilities Committee authorizing the Mayor or her designee to enter into an appropriate contractual agreement with Player and Company, Inc., for FC-6004007826, Annual Contract for Major Mechanical Repairs on behalf of the Department of Watershed Management in an amount not to exceed $398,800.00. All contracted work shall be charged to and paid from Fund, Account and Center Numbers: 2J21 523001 Q64001 (Water & Waste Renewal and Extension Fund).

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

04R1950 (18) A Resolution by City Utilities Committee authorizing the Mayor or designee to issue a Notice to Proceed with Jacobs/PRAD/PBS & J, a Joint Venture, for FC-7619-03D, Annual Contract for Architectural and Engineering Services for Construction Services for the City of Atlanta Bike Route Plan, on behalf of the Department of Public Works Quality of Life Bond Program in an amount not to exceed $92,329.82. All contracted work shall be charged to and paid from Fund, Account and Center Number: 1C45 574001 M41F070392BG (Quality of Life Bond).

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

SECTION I (CONT'D)

CITY UTILITIES COMMITTEE (CONT'D)

HOWARD SHOOK, CHAIR

04R1951 (19) A Substitute Resolution by City Utilities Committee authorizing the Mayor or her designee to enter into an appropriate contractual agreement with W. L. Hailey & Company, Inc., for FC-6004007837, West Area CSO Dechlorination Facilities, on behalf of the Department of Watershed Management in an amount not to exceed $4,444,300.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: 2J27 574001 Q38I02699999.

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

04R1953 (20) A Resolution by City Utilities Committee authorizing the Mayor or her designee to install a sewer connection to serve property located at 595 Connally Street as requested by the property owner.

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

04R1954 (21) A Resolution by City Utilities Committee authorizing the Mayor or her designee to install a sewer connection to serve property located at 239 Glenwood Avenue as requested by the property owner.

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

04R1957 (22) A Substitute Resolution by City Utilities Committee authorizing the Mayor or her designee to issue a Notice to Proceed with Atlanta Services Group, a Joint Venture, for FC-7619-03B, Architectural and Engineering Services for Biosolids Management Services, on behalf of the Department of Watershed Management in an amount not to exceed $1,761,755.00 All contracted work shall be charged to and paid from Various Fund, Account and Center Numbers.

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

SECTION I (CONT'D)

CITY UTILITIES COMMITTEE (CONT'D)

HOWARD SHOOK, CHAIR

04R1959 (23) A Resolution by City Utilities Committee authorizing the Mayor or her 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 for 2004 Wastewater Services Operations Assistance Work Order, on behalf of the Department of Watershed Management in an amount not to exceed $159,961.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: 2J01 524001 Q42001 (Water & Wastewater Revenue Fund).

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

04R1960 (24) A Substitute Resolution by City Utilities Committee authorizing the Mayor or her designee to issue a Notice to Proceed with Arcadis/BPA, a Joint Venture, for FC-7619-03A, Annual Contract for Architectural and Engineering Services for Koweta Road Pump Station, on behalf of the Department of Watershed Management in an amount not to exceed $2,515,000.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: 2J28 524001 Q65J08129999.

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

04R1961 (25) A Resolution by City Utilities Committee authorizing the Mayor or her designee to issue a Notice to Proceed with Arcadis/Brindley Pieters & Associates, a Joint Venture, for FC-7619-03A, Annual Contract for Architectural and Engineering Services for a Safety Audit-Occupational Safety Strategic Plan, on behalf of the Department of Watershed Management in an amount not to exceed $143,000.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: 2J01 524001 Q12001 (Water and Wastewater Revenue Fund).

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

SECTION I (CONT'D)

CITY UTILITIES COMMITTEE (CONT'D)

HOWARD SHOOK, CHAIR

04R1962 (26) A Substitute Resolution by City Utilities Committee authorizing the Mayor or her designee to issue a Notice to Proceed with Metcalf & Eddy, Inc./Cardoza Engineering. a Joint Venture, for FC-7619-03E, Annual Contract for Architectural and Engineering Services for Storm Sewer Inventory Study for North and South Forks of Peachtree Creek Drainage Basin, on behalf of the Department of Watershed Management in an amount not to exceed $442,000.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: 2J01 524001 Q86001 ($342,000.00) & 2J01 524001 Q83001 ($100,000.00) (Water and Wastewater Revenue Fund).

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

04R1963 (27) A Substitute Resolution by City Utilities Committee authorizing the Mayor or her designee to issue a Notice to Proceed with CH2M Hill/WRJ, a Joint Venture, for FC-7619-03C, Annual Contract for Architectural and Engineering Services for Distribution System Hydraulic Model Update, on behalf of the Department of Watershed Management in an amount not to exceed $396,400,00. All contracted work shall be charged to and paid from Fund, Account and Center Number: 2J26 574001 Q67I01029999. (1999 Water and Wastewater Bond Fund).

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

04R1964 (28) A Substitute Resolution by City Utilities Committee authorizing the Mayor or her designee to issue a Notice to Proceed with JP2, a Joint Venture, for FC-7619-03D, Annual Contract for Architectural and Engineering Services for Asset Management System, on behalf of the Department of Watershed Management in an amount not to exceed $437,274.46. All contracted work shall be charged to and paid from Fund, Account and Center Number: 2J28 524001 Q61J08279999 (2004 Water and Wastewater Bond Fund).

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

SECTION I (CONT'D)

CITY UTILITIES COMMITTEE (CONT'D)

HOWARD SHOOK, CHAIR

04R1965 (29) A Substitute Resolution by City Utilities Committee authorizing the Mayor or her designee to issue a Notice to Proceed with Shaw Environmental, Inc./AIM Partners, PLC., a Joint Venture, for FC-7619-03F, Annual Contract for Architectural and Engineering Services for Water Lab and Water Lodge Renovation (Building Renovation) Design & CMS, on behalf of the Department of Watershed Management in an amount not to exceed $512,226.00 All contracted work shall be charged to and paid from Fund, Account and Center Number: 2J28 524001 Q67J08239999 (2004 Water and Wastewater Bond Fund).

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

04R1966 (30) A Substitute Resolution by City Utilities Committee authorizing the Mayor or her designee to issue a Notice to Proceed with Shaw Environmental, Inc./AIM Partners, PLC, a Joint Venture, Annual Contract for Architectural and Engineering Services for FC-7619-03F, for River Intake Erosion Control (Riversill), on behalf of the Department of Watershed Management in an amount not to exceed $994,917.00 All contracted work shall be charged to and paid from Fund, Account and Center Number: 2J28 524001 Q67J08239999 ($476,774.00), 2J28 524001 Q67J05049999 ($250,000.00) and 2J28 524001 Q67J08259999 ($268,143.00) (2004 Water and Wastewater Bond Fund).

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

SECTION I (CONT'D)

CITY UTILITIES COMMITTEE (CONT'D)

HOWARD SHOOK, CHAIR

04R1967 (31) A Substitute Resolution by City Utilities Committee authorizing the Mayor or her 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 for Hemphill Plant-Various Improvements, on behalf of the Department of Watershed Management in an amount not to exceed $247,041.00 All contracted work shall be charged to and paid from Fund, Account and Center Number: 2J28 524001 Q67J08239999 ($114,671.00) and 2J28 524001 Q67J02049999 ($132,370.00) (2004 Water and Wastewater Bond Fund).

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

04R1968 (32) A Substitute Resolution by City Utilities Committee authorizing the Mayor or her 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 for Flint River Transmission Main Construction Management Services, on behalf of the Department of Watershed Management in an amount not to exceed $828,501.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: 2J28 524001 Q34I15039999 (2004 Water and Wastewater Bond Fund).

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

04R1969 (33) A Substitute Resolution by City Utilities Committee authorizing the Mayor or her 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 for Chattahoochee Plant Various Improvement, on behalf of the Department of Watershed Management in an amount not to exceed $774,128.00 All contracted work shall be charged to and paid from Fund, Account and Center Number: 2J28 524001 Q67J05049999.

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

SECTION I (CONT'D)

CITY UTILITIES COMMITTEE (CONT'D)

HOWARD SHOOK, CHAIR

04R2024 (34) A Resolution by Councilmember Clair Muller authorizing the Mayor or designee to issue a Notice to Proceed with Atlanta Services Group, for FC-7619-03B, Annual Contract for Architectural and Engineering Services, for Appraisal Services for the City of Atlanta Collier Road Sidewalk Project, on behalf of the Department of Public Works Quality of Life Bond Program in an amount not to exceed $11,620.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: 1C45 574001 M23F053292BG (Quality of Life Fund).

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

04R2029 (35) A Resolution by Councilmembers Anne Fauver and Howard Shook authorizing the Mayor or designee to issue a Notice to Proceed with Atlanta Services Group, for FC-7619-03B, Annual Contract for Architectural and Engineering Services, for Appraisal Services for the City of Atlanta North Highland Streetscape Project, on behalf of the Department of Public Works Quality of Life Bond Program in an amount not to exceed $9,960.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: 1C45 574001 Y63F054992BG (Quality of Life Fund).

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

04R2033 (36) A Resolution by Councilmember Natalyn Mosby Archibong requesting that the Mayor or her designee issue a Notice to Proceed with Precision 2000, Inc. for the purpose of starting construction on the East Atlanta Village Project and that the City Attorney issue a decision on the use of Quality of Life Funds; and for other purposes.

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

SECTION I (CONT'D)

04R1752 (37) A Resolution by Community Development/Human Resources Committee adopting the Oakland City/Lakewood Livable Centers Initiative (LCI) Plan for the Study Area surrounding the Oakland City and Lakewood/Fort McPherson MARTA Transit Stations and portions of Metropolitan Parkway in NPU's S and X; and for other purposes.

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

04R1974 (38) A Resolution by Community Development/Human Resources Committee authorizing the Mayor to apply for and accept a grant in the amount of $99,410.00 under the U. S. Department of Housing and Urban Development's Economic Development Initiative (EDI) for the renovation and restoration of the Historic Paschal's Restaurant and Motel; and for other purposes.

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

04R1975 (39) A Substitute Resolution by Community Development/Human Resources Committee authorizing the Mayor to charge a User Fee for all non-City of Atlanta concerns housed at 818 Pollard Boulevard, Atlanta, Georgia; and for other purposes.

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

04R2025 (40) A Resolution by Councilmember Clair Muller as Amended by Community Development/Human Resources Committee requesting the Mayor to direct the Commissioner of Planning and Community Development to facilitate a process that will expedite Building Permit Applications made by residential homeowners who were victims of hurricanes Jeanne and Ivan; and for other purposes.

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

SECTION I (CONT'D)

04R2085 (41) A Resolution by Community Development/Human Resources Committee authorizing the Mayor to submit three Livable Communities Initiative (LCI) Grant Applicants to the Atlanta Regional Commission for the Simpson Road, Donald L. Hollowell Highway and Campbellton Road LCI Studies; 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

04R1980 (42) A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor or her designee to accept on behalf of the Atlanta Fire and Rescue Department, $125,400.00 in grant funds from the Governor's Office of Highway Safety in support of the continuation of the Child Safety Seat Fitting Program to help ensure the proper installation of Child Safety Seats, the provision of safety seats when needed and training for parents on installation techniques to promote continued safety.

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

04R2026 (43) A Resolution by Councilmember H. Lamar Willis authorizing the City Attorney to execute a Retainer Agreement with the Law Firms of Griffin Cochrane & Marshall, Kirkley & Hawker, LLC, and Jenkins & Roberts LLC to serve as Outside Counsel to the City of Atlanta in connection with contract matters, construction management issues, infrastructure and litigation arising from the City of Atlanta's Capital Improvement Projects related to the City's compliance with Water and Sewer related Federal Consent Decrees and State Consent Orders; to authorize expenditures for that purpose in an amount not to exceed $250,000.00; and for other purposes.

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

SECTION I (CONT'D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT'D)

H. LAMAR WILLIS, CHAIR

04R2040 (44) A Resolution by Councilmember Ivory Lee Young, Jr. 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

04R2048 (45) A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to approach the Anne E. Casey Foundation, in collaboration with the Atlanta Police Foundation for a grant not to exceed $100,000.00 to support Youth Programs conducted by the Atlanta Police Athletic League; and for other purposes.

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

04R1999 ( 1) Claim of James Jackson and Nellie Atwater Jackson, for damages alleged to have been sustained as a result of a series of sewer backups on July 1, 2002 and May 5, 2003 at 3473 Dale Lane, SW. $24,300.81

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

SECTION I (CONT'D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT'D)

H. LAMAR WILLIS, CHAIR

04R2000 ( 2) Claim of MetLife Auto and Home, as subrogee of insured, Lori R. Klodt, for damages alleged to have been sustained when a limb fell from a city vehicle and struck a parked vehicle on July 12, 2004 at 232 Midvale Drive. $2,149.31

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

04R2001 ( 3) Claim of Nationwide Mutual Fire Insurance Company, as subrogee of Winnifred Copeland, for damages alleged to have been sustained as a result of an automobile accident on August 20, 2004 at Memorial Drive, SE and Chester Avenue, SE. $6,989.87

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

04R2002 ( 4) Claim of Andre and Ereka Griffin, for damages alleged to have been sustained as a result of a sewer backup on September 16, 2004 at 213 Hopkins Street, SW. $7,063.50

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

04R2015 ( 5) Claim of State Farm Insurance Company, as subrogee of insured, Bernard Javier Luna, for damages alleged to have been sustained from an automobile accident on July 26, 2004 at Ralph McGill Boulevard, NE and Glen Iris Drive, NE $1,898.00

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

04R2016 ( 6) Claim of State Farm Insurance Companies, as subrogee of Susan Irwin, for damages alleged to have been sustained as a result of an automobile accident on March 12, 2004 at Memorial Drive and Pryor Street. $3,453.67

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

SECTION I (CONT'D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT'D)

H. LAMAR WILLIS, CHAIR

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

04R2018 ( 8) Claim of State Farm Insurance Companies, as subrogee of insured, Angela McCray, for damages alleged to have been sustained from an automobile accident on July 6, 2004 at Moreland and Eastland Avenues, SE . $11,295.40

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

04R2019 ( 9) Claim of Joyce Thomas, for damages alleged to have been sustained as a result of an automobile accident on August 14, 2004 at 1380 May Avenue, SE. $894.19

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

04R2020 (10) Claim of Fred Amichia, for damages alleged to have been sustained as a result of a vehicular accident on July 14, 2004 at 6000 South Terminal Byway. $2,152.56

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

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

SECTION I (CONT'D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT'D)

H. LAMAR WILLIS, CHAIR

04R2004 (12) Claim of Dale Dexter Clemons, for damages alleged to have been sustained as a result of striking a catch basin cover on August 30, 2004 at 2000 Lakewood Avenue, SE.

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

04R2005 (13) Claim of Leonard J. Rubin, for damages alleged to have been sustained as a result of an automobile accident on September 17, 2004 at West Paces Ferry and Moores Mill Road.

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

04R2006 (14) Claim of Pamela Johnson, for damages alleged to have been sustained as a result of an object falling from a city vehicle on August 30, 2004 at Hill Street and Englewood Avenue.

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

04R2007 (15) Claim of Rudolf Augsburger, for damages alleged to have been sustained as a result of striking a pothole on May 27, 2004 at 6116 Glenridge Drive and Johnson Ferry Road.

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

04R2008 (16) Claim of Ulisha Hamilton, through her attorney, Khadija C. Cabey, Esq., for damages alleged to have been sustained as a result of a police officer's failure to apprehend and arrest a subject on September 13, 2003 at 714 Spring Street.

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

SECTION I (CONT'D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT'D)

H. LAMAR WILLIS, CHAIR

04R2009 (17) Claim of Lawson Elliott Jones, for damages alleged to have been sustained as a result of cash that was found on September 4, 2002 at 417 Callan Circle.

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

04R2010 (18) Claim of Terry S. Armstrong, for damages alleged to have been sustained as a result of an ongoing storm water problem at 1862 Glenview Drive, SW.

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

04R2011 (19) Claim of Allstate Indemnity Company, as subrogee of Gwendolyn Dumas, for damages alleged to have been sustained as a result of a vehicular accident on March 22, 2004 at Northside Drive and Whitehall Street.

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

04R2012 (20) Claim of Cynthia L. Moreland, for damages alleged to have been sustained as a result of water damage on March 22, 2004 at 3189 Pennington Circle.

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

04R2013 (21) Claim of Karen Klyman, for damages alleged to have been sustained as a result of arrests on August 20, 2001 and December 30, 2001 at 3434 Roswell Road.

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

04R2014 (22) Claim of Nakosha Smith, through her attorney, Bruce R. Miller, for damages alleged to have been sustained as a result of an incident on July 7, 2003 at 104 Trinity Avenue, SW.

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

CONSENT AGENDA

04O1989 ( 1) An Ordinance by Transportation Committee rescinding Ordinance Number 04-O-0611 adopted by the Council on May 3, 2004 and approved by the Mayor on May 11, 2004 and authorizing the Mayor or her designee to execute appropriate instruments to evidence the granting of an easement to Georgia Power Company across real property owned by the City of Atlanta in Land Lots 10, 11, 22 and 23 of the 13^th District of Clayton County, to provide for permanent access to the Delta Air Lines #1 Power Substation which serves the Delta Air Lines Technical Operations Center, in the area of the Maynard Holbrook Jackson, Jr. International Terminal Project at Hartsfield-Jackson Atlanta International Airport; and for other purposes.

04O1990 ( 2) An Ordinance by Transportation Committee authorizing the Mayor or her designee to install No Left Turn signs on Boulevard, NE at Auburn Avenue.

04O1991 ( 3) An Ordinance by Transportation Committee authorizing the Mayor or her designee to make Latimer Street, NW One-Way southwest bound from Luckie Street to Marietta Street.

04O1992 ( 4) An Ordinance by Transportation Committee authorizing the Mayor or her designee to make Western Avenue, NW One-Way westbound from Northside Drive to Walnut Street.

04O1993 ( 5) An Ordinance by Transportation Committee authorizing the Mayor or her designee make Nineteenth Street, NW Two-Way from Spring Street to 140 feet east.

04O1994 ( 6) An Ordinance by Transportation Committee authorizing the Mayor or her designee to install Stop Signs at the following intersections: Merlin Avenue, SE at Battlefield Avenue and Vaughn Street, SE at Whitefoord Avenue.

04O1995 ( 7) An Ordinance by Transportation Committee authorizing the Mayor or her designee to make the speed limit on Auburn Avenue, NE 25 Miles Per Hour.

04O1996 ( 8) An Ordinance by Transportation Committee authorizing the Mayor or her designee to make segments of the following streets within the City of Atlanta No Parking Anytime: Centennial Place NW, Fordham Court, NE and Nineteenth Street, NW.

04O1997 ( 9) An Ordinance by Transportation Committee authorizing the Mayor or her designee to install No Right Turn On Red signs on Peachtree Circle, NE at Peachtree Street; on Rhodes Circle, NE at Peachtree Street; on Seventeenth Street, NE at Peachtree Street; and on Sixteenth Street, NE at Peachtree Street.

04O1998 (10) An Ordinance by Transportation Committee authorizing the Mayor or her designee to amend the Residential Parking Permit Program to define terms, to establish procedures, to establish requirements, to provide for enforcement; and for other purposes.

04O2054 (11) An Ordinance by Transportation Committee amending the 2004 [Airport Renewal and Extension Fund (2H21), Airport Passenger Facility Charge Fund (2H26), 2000 Airport Revenue Bond Fund (2H27), 2004 Airport Revenue Bond Fund (2H30), and the 2004 Airport Passenger Facility Charge (PFC) Bond Fund (2H31)] Budgets by transferring to and from appropriations a total amount of $105,551,565.81 for the purposes of reimbursing the Airport Renewal and Extension Fund (2H21) those funds advanced to pay expenditures related to projects that were approved for funding with proceeds from the 2000 Airport Revenue (2H27) and 2004 Airport Passenger Facility Charge (PFC)(2H31)Bond Funds and the Airport Passenger Facility Charge Fund (2H26); provide adequate funding for the Airport Roadway Signage Improvements and Additions, the Environmental Stream Mitigation, additional funding for the Maynard Holbrook Jackson, Jr. International Terminal Design and the Consolidated Rental Car Facility (CONRAC) Site Preparation and Development Projects; properly aligning project appropriations with approved funding sources between the 2004 Airport Revenue Bond Fund (2H30) and the 2004 Airport Passenger Facility Charge (PFC) Bond Fund (2H31); and for other purposes.

04O2055 (12) An Ordinance by Transportation Committee anticipating and appropriating unanticipated revenue of $7,247,128.00 generated through interest earnings from investing the proceeds of the 2000 Airport Revenue Bond Fund and amending the 2004 [Airport Renewal and Extension Fund (2H21) and the 2000 Revenue Bond Fund (2H27)] Budgets to provide partial funding for Hartsfield-Jackson Development Program (H-JDP) Consultants at the Hartsfield-Jackson Atlanta International Airport; and for other purposes.

04O2057 (13) An Ordinance by Transportation Committee amending the 2004 [Airport Renewal and Extension Fund (2H21), the Airport Passenger Facility Charge Fund (2H26), the 2000 Airport Revenue Bond Fund (2H27) and the 2004 Airport Passenger Facility Charge Bond Fund (2H31)] Budgets by transferring to and from appropriations a total amount of $50,670,872.00 to provide adequate funding for Hartsfield-Jackson Development Program (H-JDP) Consultant at the Hartsfield-Jackson Atlanta International Airport; and for other purposes.

04O2059 (14) An Ordinance by Transportation Committee amending the 2004 [2000 Airport Revenue Bond Fund (2H27)] Budget by transferring to and from appropriations a total amount of $52,166,572.00 of available unused project appropriations within the 2000 Airport Revenue Bond Fund (2H27) to provide adequate funding for other Hartsfield-Jackson Development Program (H-JDP) Projects.

04O2043 (15) An Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer to write off $147,514.55 of uncollectible Special Assessment Accounts Receivable with balances extending beyond the Statute of Limitations; and for other purposes.

04O2044 (16) An Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer to write off $609,000.38 of uncollectible Business License Accounts Receivable with balances extending beyond the Statute of Limitations; and for other purposes.

04O2045 (17) An Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer to write off $29,660.52 of uncollectible Water and Sewer Accounts Receivable with balances extending beyond the Statute of Limitations; and for other purposes.

04O2046 (18) An Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer to write off $1,359,004.79 of uncollectible Department of Finance, Solid Waste Accounts Receivable with balances extending beyond the Statute of Limitations; and for other purposes.

04O2097 (19) An Ordinance by Finance/Executive Committee to amend the City of Atlanta General Employees' Pension, Fund Firefighters Pension Fund and Police Officers Pension Fund so as to provide the required minimum distributions, limit the amount of considered compensation, clarify the limitation on annual benefits and make certain other changes all as required by the U. S. Internal Revenue Code; to repeal conflicting ordinances; and for other purposes.

04O2098 (20) An Ordinance by Finance/Executive Committee to amend the City of Atlanta General Employees' Pension Fund so as to provide for required minimum distributions, limit the amount of considered compensation, clarify the imitation on annual benefits and make certain other changes all as required by the U. S. Internal Revenue Code; to repeal conflicting ordinances; and for other purposes.

04O2099 (21) An Ordinance by Finance/Executive Committee to amend the City of Atlanta Firefighters' Pension Fund so as to provide for required minimum distributions, limit the amount of considered compensation, clarify the imitation on annual benefits and make certain other changes all as required by the U. S. Internal Revenue Code; to repeal conflicting ordinances; and for other purposes

04O2100 (22) An Ordinance by Finance/Executive Committee to amend the City of Atlanta Police Officers' Pension Fund so as to provide for required minimum distributions, limit the amount of considered compensation, clarify the imitation on annual benefits and make certain other changes all as required by the U. S. Internal Revenue Code; to repeal conflicting ordinances; and for other purposes

CITY UTILITIES COMMITTEE

HOWARD SHOOK, CHAIR

04O2050 (26) An Ordinance by Community Development/Human Resources Committee to amend the Job Training Fund by anticipating and appropriating an additional $31,735.00 to extend Goodworks Services to September 30, 2004; and for other purposes.

04O2051 (27) An Ordinance by Community Development/Human Resources Committee to correct Ordinance 04-O-1437 in Sections 1 and 2 changing appropriation Center Numbers; and for other purposes.

04O2052 (28) An Ordinance by Community Development/Human Resources Committee amending the 2004 Job Training Fund Budget by anticipating and appropriating $2,676.00 in Workforce Investment Act (WIA) Dislocated Workers Funds; and for other purposes.

04O2053 (29) An Ordinance by Community Development/Human Resources Committee amending the 2004 Job Training Fund Budget by anticipating and appropriating $1,402,175.00 in the Workforce Investment Act (WIA) Adult Funds; anticipating and appropriating $714,793.00 in Workforce Investment Act (WIA) Dislocated Workers Funds; and for other purposes.

04O2060 (30) An Ordinance by Community Development/Human

CDP-04-41 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 658 Avery Road, SW and 2360 Perkerson Road, SW from the "Single Family Residential" Land Use Designation to the "Low Density Commercial" Land Use Designation; and for other purposes.

NPU-X Council District 12

04O2061 (31) An Ordinance by Community Development/Human

CDP-04-42 Resources Committee to amend the Land Use Element of the City of Atlanta 2004-2019 Comprehensive Development Plan (CDP) so as to re-designate property that is located at Grove Park Place, NW, from the "Medium Density Residential" and "Industrial" Land Use Designations to the "Mixed-Use" Land Use Designation; and for other purposes.

NPU-G Council District 9

04O2062 (32) An Ordinance by Community Development/Human

CDP-04-43 Resources Committee to amend the Land Use Element of the City of Atlanta 2004-2019 Comprehensive Development Plan (CDP) so as to re-classify properties located on McDaniel Street, SW, Fulton Street, SW, Glenn Street, SW, Formwalt Street, SW, Whitehall Terrace, SW, Crumley Street, SW and Windsor Street, SW within the McDaniel- Glenn Redevelopment, from the "Medium Density Residential" and "Low Density Commercial" Land Use Classification to the "Mixed Use" Land Use Classification; and for other purposes.

NPU-V Council District 4

04O2063 (33) An Ordinance by Community Development/Human

CDP-04-44 Resources Committee to amend the Land Use Element of the City of Atlanta 2004-2019 Comprehensive Development Plan (CDP) so as to re-designate property that is located at Evans Drive, SW, from The "Industrial" Land Use Designation to the "Single Family Residential" Land Use Designation; and for other purposes.

NPU-X Council District 12

04O2064 (34) An Ordinance by Community Development/Human

CDP-04-45 Resources Committee to amend the Land Use Element of the City of Atlanta 2004-2019 Comprehensive Development Plan (CDP) so as to re-designate property that is located at Jones Road, NW, from the "Single Family Residential" Land Use Designation to the "Medium Density Residential (0-16 Units per Acre)"Land Use Designation; and for other purposes.

NPU-I Council District 9

04O2065 (35) An Ordinance by Community Development/Human

CDP-04-46 Resources Committee to amend the Land Use Element of the City of Atlanta 2004-2019 Comprehensive Development Plan (CDP) so as to re-designate property that is located at 1155, 1165 and 1175 La Vista Road, NE, from the "Medium Density Residential" Land Use Designation to the "Mixed-Use" Land Use Designation; and for other purposes.

NPU-F Council District 6

04O2066 (36) An Ordinance by Community Development/Human

CDP-04-47 Resources Committee to amend the Land Use Element of the City of Atlanta 2004-2019 Comprehensive Development Plan (CDP) so as to re-designate property that is located at 890 Glenwood Avenue, SE, from the "Industrial" Land Use Designation to the "Mixed-Use" Land Use Designation; and for other purposes.

NPU-W Council District 1

04O2067 (37) An Ordinance by Community Development/Human

CDP-04-48 Resources Committee to amend the Land Use Element of the City of Atlanta 2004-2019 Comprehensive Development Plan (CDP) so as to re-designate property that is located at 183 Mt. Zion Road, SE, from the "Single Family Residential" Land Use Designation to the "Low Density Residential" Land Use Designation; and for other purposes.

NPU-Z Council District 12

04O2068 (38) An Ordinance by Community Development/Human

CDP-04-49 Resources Committee to amend the Land Use Element of the City of Atlanta 2004-2019 Comprehensive Development Plan (CDP) so as to re-designate property that is located at 879 T.S. Burress Jr. Drive, NW, from the "High Density Residential" Land Use Designation to the "High Density Commercial" Land Use Designation; and for other purposes.

NPU-T Council District 3

04O2069 (39) An Ordinance by Community Development/Human

CDP-04-50 Resources Committee to amend the Land Use Element of the City of Atlanta 2004-2019 Comprehensive Development Plan (CDP) so as to re-designate property that is located at 1058 Constitution Avenue, SE, from the "Industrial" Land Use Designation to the "Single Family Residential" Land Use Designation; and for other purposes.

NPU-Z Council District 1

04O2070 (40) An Ordinance by Community Development/Human

CDP-04-51 Resources Committee to amend the Land Use Element of the City of Atlanta 2004-2019 Comprehensive Development Plan (CDP) so as to re-designate property that is located at Fairburn Road, SW, from the "Office/Institutional" Land Use Designation to the "Low Density Commercial" Land Use Designation; and for other purposes.

NPU-H Council District 10

04O2071 (41) An Ordinance by Community Development/Human

CDP-04-52 Resources Committee to amend the Land Use Element of the City of Atlanta 2004-2019 Comprehensive Development Plan (CDP) so as to re-designate property that is located at 748 10^th Street, 980 Howell Mill Road, and 749 9^th Street, NW, from the "Industrial" Land Use Designation to the "Mixed-Use" Land Use Designation; and for other purposes.

NPU-E Council District 3

04O2072 (42) An Ordinance by Community Development/Human

CDP-04-53 Resources Committee to amend the Land Use Element of the City of Atlanta 2004-2019 Comprehensive Development Plan (CDP) so as to re-designate property that is located at 643-663 10^th Street and 640 11^th Street, NW, from the "Low Density Commercial" Land Use Designation to the "Mixed-Use" Land Use Designation; and for other purposes.

NPU-E Council District 8

04O2086 (43) An Ordinance by Community Development/Human Resources Committee amending the 2004-2019 Comprehensive Development Plan (CDP) to incorporate Atlanta's 2005-2009 Consolidated Plan and the 2005 Annual Action Plan for the 2005 Community Development Block Grant (CDBG) Program, 2005 Emergency Shelter Grant (ESG) Program, 2005 HOME Investment Partnership (HOME) Program, the 2005 American Dream Downpayment Initiative (ADDI) and 2005 Housing Opportunities for Persons with AIDS (HOPWA) Program; and for other purposes.

04O2087 (44) An Ordinance by Community Development/Human Resources Committee to amend the 2004-2019 Comprehensive Development Plan, as amended, so as to incorporate the recommendations of the amended Mechanicsville Redevelopment Plan; and for other purposes.

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

H. LAMAR WILLIS, CHAIR

04O2021 (45) An Ordinance by Public Safety and Legal Administration Committee authorizing the settlement of all claims in the lawsuit styled Frances H. Levine and Brent M. Runnels, vs. City of Atlanta, Superior Court of Fulton County, Georgia, Civil Action File No. 2002-cv-60073, by relocation of the Public Sanitary Sewerage System in the vicinity of Austin Avenue, Euclid Avenue and Freedom Park in the City of Atlanta; said cost of relocation and construction of the sewer being $116,000.00; $58,000.00 of that amount being paid by the plaintiff and those funds being deposited into Fund, Account and Center No. 2J01 (Water) 445215 (Wastewater Chg, Tap Fees) B00001 (Revenue Center); authorizing the Chief Financial Officer to disburse $58,000.00 from Fund, Account and Center No. 2J26 (Water/Sewer) 574001 (FAC. Other than Buildings) M24I02239999 (General Sewer Improvements) to pay the remaining cost of construction of the sewer beyond the payment received from the plaintiff; to amend the current annual contract for sanitary sewer construction to allow the completion of this project; and for other purposes.

04O2049 (46) An Ordinance by Public Safety and Legal Administration Committee amending the 2004 (Intergovernmental Grant Fund) Budget, Department of Police by anticipating and appropriating Grant Funds from the Governor's Office of Highway Safety in the amount of $178,200.00 to continue participation by the Atlanta Police Department in a Regional DUI Enforcement Program and Pedestrian Safety Activities; and for other purposes.

Attendance at the November 10, 2004 meeting of the Transportation Committee was as follows:

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

Absent: Councilmember Martin

04R1986 ( 1) A Resolution by Transportation Committee authorizing the Mayor or her designee to execute the First Amendment to the Agreement between the City of Atlanta and BellSouth Communication Systems, LLC, for FC-7395-01, Design Implementation Services for the Fiber Optic Backbone Installation with BellSouth Communication Systems, LLC. on behalf of the Department of Aviation.

04R1987 ( 2) A Resolution by Transportation Committee authorizing the Mayor or her designee to execute a Declaration of Covenants and Restrictions on property acquired by the City of Atlanta for creation of Wetland Mitigation Credits to offset the impact of constructing the Fifth Runway Project at Hartsfield-Jackson Atlanta International Airport on wetlands situated on Airport property to ensure compliance with United States Army Corps of Engineers' requirements; and for other purposes.

Attendance at the November 10, 2004 meeting of the Zoning Committee was as follows:

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

Absent: Councilmember Archibong

04O1944 ( 1) An 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.

04O2073 ( 1) An Ordinance by Zoning Committee to rezone property

Z-04-120 from the R-3 (Single Family Residential) District and the PD-H (Planned Development Housing) District to the PD-H (Planned Development-Housing) District, property located at 215 and 311 Lynhurst Drive, SW, fronting approximately 396 feet on the westerly side of Lynhurst Drive approximately 1,046 feet south of the intersection of Martin Luther King, Jr. Drive and Lynhurst Drive.

Depth: Varies

Area: 5.499 Acres

Land Lots: 236 and 237 14^th District, Fulton County, Georgia

Owner: Ashmel Williams

Applicant: Ashmel Williams

NPU-I Council District 10

04O2074 ( 2) An Ordinance by Zoning Committee to rezone property

Z-04-125 from the I-1 (Light Industrial) District to the R-4 (Single Family Residential) District, property located at 1498 Murphy Avenue, SW, fronting 40.00 feet on the southeasterly side of Murphy Avenue beginning approximately 80 feet from the southeast corner of Langston Street (formerly Jonesboro Road).

Depth: Varies

Area: .113 Acre

Land Lot: 121, 14^th District, Fulton County, Georgia

Owner: Vickery Miles

Applicant: Vickery Miles

NPU-X Council District 12

04O2075 ( 3) An Ordinance by Zoning Committee to amend

Z-04-126/ Ordinance Z-01-71, as amended, adopted by City

Z-01-71 Council March 4, 2002 and approved by the Mayor March 12, 2002 rezoning from the R-4 (Single-Family Residential) District to the PD-H (Planned Development-Housing) District property located at McDonough Boulevard, SE, fronting 678.94 feet on the southwesterly side of McDonough Boulevard, beginning approximately 612.40 feet northwesterly from the southwest corner of Henry Thomas Drive for the purposes of approving a revised site plan and; for other purposes.

Owner: William H. Freeman

Applicant: Melvin Collins

NPU-Z Council District 1

04O2076 ( 4) An Ordinance by Zoning Committee to amend

Z-04-127/ Ordinance Z-03-85, as amended, adopted by City

Z-03-85 Council April 19, 2004 and approved by the Mayor April 27, 2004 rezoning from the RG-2 (Residential General-Sector 2) District to the PD-H (Planned Development-Housing) District, property located at 201 Moury Avenue for the purposes of approving a revised site plan; and for other purposes.

Owner: Housing Authority of the City of Atlanta

Applicant: Carver Redevelopment, LLC

NPU - Y Council District 1

04O2077 ( 5) An Ordinance by Zoning Committee to rezone property

Z-04-128 from the I-2 (Heavy Industrial) District to the PD-H (Planned Development-Housing) District, property located at 768 Highland Avenue, fronting approximately 116 feet on the northeasterly side of Highland Avenue, beginning approximately 152 feet northeasterly of the intersection of Highland Avenue and Alaska Avenue.

Depth: Varies

Area: 3.95 Acres

Land Lot: 19, 14^th District, Fulton County, Georgia

Owner: Edwin Rothberg

Applicant: David Green

NPU-M Council District 2

04O2078 ( 6) An Ordinance by Zoning Committee to rezone property

Z-04-129 from the I-2 (Heavy Industrial) District to the MRC-3 (Mixed Residential Commercial) District, property located at 349-359 Decatur Street, fronting approximately 618.45 on the south side of Decatur Street and fronting approximately 163 feet on the east side of Hill Street and fronting approximately 103 feet on the west side of Grant Street, beginning at the intersection of Decatur Street and Grant Street.

Depth: Varies

Area 3.9 Acres

Land Lots: 45 and 52, 14^th District, Fulton County, Georgia

Owner: Janelle Corey and William Corey

Applicant: David Green

NPU-M Council District 2

04O2079 ( 7) An Ordinance by Zoning Committee to rezone property

Z-04-130 from the R-3 (Single Family Residential) District to the PD-H (Planned Development-Housing) District, property located at 1690 Adams Drive, fronting approximately 1,207 feet along the southeasterly side of Adams Drive and fronting approximately 517 feet on the southeasterly side of Childress Street, beginning at the northerly right-of-way of Childress Drive and the easterly right of way of Adams Drive.

Depth: Varies

Area: 4.16 Acres

Land Lot: 232, 14^th District, Fulton County, Georgia

Owner: Community Renewal and Redemption, LLC

Applicant: Samuel Dickson By Village Habitat Design

NPU-R Council District 11

04O2080 ( 8) An Ordinance by Zoning Committee granting a Special

U-04-25 Use Permit for a Recreational Facility (Section 16-08.005(1)(j), property located at 89 William H. Borders Drive, fronting approximately 325 feet on the westerly side of William H. Borders Drive, beginning approximately 262 feet north of the intersection of William H. Borders Drive and Decatur Street.

Depth: Varies

Area: 1.352 Acres

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

Owner: The Salvation Army, a Georgia Corporation

Applicant: Brent Pope

NPU-M Council District 5

04O2081 ( 9) An Ordinance by Zoning Committee granting a Special

U-04-26 Use Permit for a Mortuary Facility (Section 16-011.005(1)(b), property located at 2125 County Line Road, SW, fronting approximately 45 feet on the westerly side of County Line Road, beginning approximately 40 feet south of the intersection of Wilson James Road and County Line Road.

Depth: Varies

Area: 1.440 Acres

Land Lot: 65, 14^th FF District, Fulton County, Georgia

Owner: Kerang Jason Ding

Applicant: Bianca Smith

NPU-P Council District 11

04O2082 (10) An Ordinance by Zoning Committee granting a Special

U-04-27 Use Permit for expansion of an existing Assisted Living Facility Sections 16-08.005 (1)(f,) and 16-11.005 (1)(e), property located at 3711 Benjamin E. Mays Drive fronting approximately 139 feet on the easterly side of Fairburn Road and fronting approximately 392 feet along the northerly side of Benjamin E. Mays Drive.

Depth: Varies

Area: 5.776 Acres

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

Owner: Julius M. Willis

Applicant: Julius M. Willis

NPU-H Council District 10

04O2083 (11) An Ordinance by Zoning Committee granting a Special

U-04-28 Use Permit for a Group Home for Boys (Section 16-06.005 (1)(g), property located at 615 Kennolia Drive fronting approximately 137 feet on the northwesterly side of Kennolia Drive and fronting approximately 193 feet on the southerly side of Westwood Avenue. Property is located at the intersection of Westwood Avenue and Kennolia Drive.

Depth: Varies

Area: 59 Acres

Land Lot: 171, 14^th District, Fulton County, Georgia

Owner: Kendrick Solomon

Applicant: Kendrick Solomon

NPU-I Council District 11

04O2089 (12) An Ordinance by Zoning Committee to repeal Code Section 16-28.024 of the City of Atlanta Zoning Code of Ordinances titled "Package Stores - Locational Requirements"; and for other purposes.

Attendance at the November 10, 2004 meeting of the Finance/Executive Committee was as follows:

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

Absent: Councilmember Martin

04-R2101 (1) Report to the Chief Financial Officer of the Transfer of Appropriations from one line item to another line item to various funds as approved under Section 6-304(b) of the Charter of Atlanta.

03O0117 (1) A Ordinance by Councilmember C. T. Martin as Substituted by Finance/Executive Committee to amend the City of Atlanta General Employees' Pension Fund, Firefighters Pension Fund and Police Officers Pension Fund so as to provide the required minimum distributions, limit the amount of considered compensation, clarify the limitation on annual benefits and make certain other changes all as required by the U. S. Internal Revenue Code; to repeal conflicting ordinances; and for other purposes.

04O1885 (2) An 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 Hill 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.

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

04O1919 (3) A Substitute Ordinance by Finance/Executive

(Cont'd) Committee adopting the 2005 Tentative Budget; and for other purposes.

04O1919 (3) A Substitute Ordinance by Finance/Executive

(Cont'd) Committee adopting the 2005 Tentative Budget; and for other purposes.