ATLANTA CITY COUNCIL

The Atlanta City Council held its Regularly Scheduled Meeting on Monday, January 03, 2005. The Meeting convened at 1:14 p.m. in the Council Chambers at City Hall. The roll was called and a quorum was declared.

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

The following (15) voting members were present at the Meeting:

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

REPORT OF THE JOURNAL: Mrs. Rhonda Dauphin Johnson, Municipal Clerk, certified to the Council and the Committee on Council, that the Action/Minutes of the December 06, 2004 Regular Meeting are true and correct. The Minutes were FILED without objection.

THE ADOPTION OF THE AGENDA: The Agenda for the January 03, 2005 meeting was ADOPTED without objection.

05-C-0001 ( 1) A Communication by Adam L. Smith, Chief Procurement Officer, submitting the November 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.

05-C-0002 ( 2) A Communication by Ms. Peggy Harper, President of the Atlanta Planning Advisory Board, (APAB) with their nomination of Mr. Tony McMann as their representative to the Private Property Vending Policy and Advisory Committee.

05-C-0029 ( 3) A Communication by Council President Lisa M. Borders appointing Mr. William R. Halter to the Urban Design Commission.

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 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: 10 Yeas: Councilmembers Smith, Starnes, Young, Winslow, Fauver, Shook, Muller, Moore, Maddox, and Norwood 0 Nays.

SECTION I

ORDINANCES FOR SECOND READING

04O2259 ( 1)Ordinance by Councilmember Debi Starnes as Substituted by Finance/Executive Committee to transfer $7,000.00 from a City Councilmember account to the Department of Grants Management to fund the 2005 Homeless Census.

04O2260 ( 2)Ordinance by Councilmember Natalyn Archibong as Amended authorizing the Mayor to execute an Intergovernmental Agreement by and between the Housing Authority of the City of Atlanta, Georgia (The "Authority") and the City of Atlanta pertaining to the Performance of certain public improvements by the Authority for the benefit of the City of Atlanta; transferring appropriations in the amount of $5,369,370.00 to fund said public improvements; and for other purposes.

04O2268 ( 3)Ordinance by Councilmember Howard Shook to establish the Water and Wastewater Special One Percent Sales and Use Tax Fund and to anticipate and appropriate 2004 proceeds from the Water and Wastewater Special One Percent Sales and Use Tax for the year 2004 in the amount of $16,000,000.00; and for other purposes.

SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

CITY UTILITIES COMMITTEE

HOWARD SHOOK, CHAIR

04O2156 ( 6)Ordinance by City Utilities Committee amending Ordinance #04-O-1728 to correct Project Fund, Account and Center Numbers, to adjust Bond Proceeds anticipations amount; and for other purposes.

04O2157 ( 7)Ordinance by City Utilities Committee to amend the 2004 (Water and Wastewater Renewal and Extension Fund) Budget to anticipate and appropriate funds in the amount of $115,500.00 from the State of Georgia Emergency Management Agency for the State Domestic Preparedness Equipment Program, Grant Number GAN#2003-MU-T3-0010; and for other purposes.

SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

CITY UTILITIES COMMITTEE (CONT’D)

HOWARD SHOOK, CHAIR

04O2266 ( 8)Ordinance by Councilmember Howard Shook correcting Ordinance 04-O-1503 which amended the 2004 (2001 Water and Wastewater Bond Fund) Budget to put monies in place to fund the construction of the initial sewer separation portion and Water Main Replacement of the McDaniel Combined Sewer Separation Project; and for other purposes.

04O2280 ( 9)Ordinance by Councilmember Howard Shook to amend ordinance 00-O-0365 by authorizing The Finger Companies (TFC) to enter into an agreement with a third party on behalf of the City of Atlanta, that will eliminate a public safety hazard which was created as a result of the Roxboro Road Widening Project; and for other purposes.

04O2062 (10)Ordinance by Community Development/Human

NPU-V Council District 4

SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

04O2219 (11)Ordinance by Community Development/Human Resources Committee authorizing distribution of a portion of the Tree Trust Fund such that: $200,000.00 shall be allocated to the Department of Parks, Recreation and Cultural Affairs for planting trees in City Parks and in the City’s right-of-way: $100,000.00 per year shall be allocated to Park Pride for a Tree Planting Matching Program; and the Mayor shall be authorized to enter into an agreement with Trees Atlanta, Inc. for the planting and maintenance of trees in an amount not to exceed $791,300.00 to be paid for from the Tree Trust Fund; and all work shall be charged to and paid from Fund, Account and Center Number 3P02 524001 N12P0613QNAO, Consultant Professional Services, Tree Recompense Fund; and for other purposes.

04O2265 (12)Ordinance by Councilmember Jim Maddox to authorize the Mayor to enter into a contractual agreement with the YMCA of Metropolitan Atlanta, Inc. (South West Branch), in an amount not to exceed $500,000.00 for the purpose of assisting in making improvements to the parking lot located at 2220 Campbellton Road, SW, Atlanta, GA. to transfer approved funding from the Department of Planning and Community Development to the Department of Parks, Recreation and Cultural Affairs; and for other purposes.

SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

H. LAMAR WILLIS, CHAIR

04O2135 (13)Ordinance by Public Safety and Legal Administration Committee authorizing the Mayor and the City Attorney to settle the amount owed to the City of Atlanta by the City of East Point for its Pro Rata Share of Capital Improvements related to the City’s Wastewater Capital Projects in the amount of $16,000,000.00; authorizing the Mayor and the City Attorney to execute a Settlement Agreement with the City of East Point to effect the settlement; authorizing the Chief Financial Officer to accept the proceeds of the settlement; waiving conflicting ordinances; and for other purposes.

04O2138 (14)Ordinance by Transportation Committee authorizing the City of Atlanta to waive Sections 2-1189, 2-1193, 2-1205 and 2-1206 of Article X, Procurement and Real Estate Code, of the City of Atlanta Code of Ordinances, allowing the City to contractually operate, on a month-to-month basis, for a period of two months, commencing of January 1, 2005 and continuing through and including February 28, 2005, under the terms of its prior expired Contract with Bombardier, Inc., dated effective April 1, 1998, for the continued operation and maintenance of the Automated Guideway Transit System at the Hartsfield-Jackson Atlanta International Airport, for an amount not to exceed $1,667,000.00 to be paid from Fund, Account and Center Number: 2H01 523001 R49001 (Airport Revenue Fund); and for other purposes.

SECTION I (CONT’D)

ORDINANCES FOR SECOND READING (CONT’D)

04O2139 (15)Ordinance by Transportation Committee granting to Georgia Power Company an easement across real property owned by the City of Atlanta in Land Lots 11 and 22 of the 13^th District of Clayton County, to provide for permanent installation of a high power voltage transmission line serving two substations, Delta Air Lines # 1 Substation and the Hartsfield-Jackson Substation, in the area of the Maynard Holbrook Jackson, Jr. International Terminal Project at Hartsfield-Jackson Atlanta International Airport; authorizing the Mayor or her designee to execute appropriate instruments to evidence the granting of such easements; and for other purposes.

04O2279 (16)Ordinance by Councilmember Carla Smith to make the following intersections "All-Way Stop" Broyles Street, SE and Glenwood Avenue; Glenwood Avenue, SE and Grant Street; and Glenwood Avenue, SE and Oakland Avenue.

04R2233 ( 1)Resolution by Finance/Executive Committee authorizing the Mayor or designee to approve Change Order No. 1 to increase the Contract amount with Insituform Technologies, Inc./Environmental Pipeline Rehabilitation, Inc., a Joint Venture for FC-7579-03, Annual Contract for Small Diameter Sewer Rehabilitation on behalf of the Department of Watershed in an amount not to exceed $8,387,000.00. All contracted services to be charged to and paid from Fund, Account and Center Number: 2J28 524001 Q38I02719999 (2004 Water and Wastewater Bond Fund).

SECTION I (CONT’D)

04R2245 ( 2)Resolution by Finance/Executive Committee authorizing Renewal Agreement Number 4 with Northrop Gruman Commercial Systems, Inc., for the City of Atlanta’s Citywide Radio System Maintenance Agreement for a period of 1 year in the amount of $2,450,309.00 with the option to renew said agreement for 1 additional year with firm, fixed rates annually; all cost to be paid from the appropriate Fund, Account and Center Numbers: 1A01-523001-T51013 (Service, Repair and Maintenance-Non-Departmental Account), 2H21-523001-R2E01219999 (Aviation-Service, Repair and Maintenance-MIS Account), 2J01-523001-Q64001 (Watershed-Service, Repair and Maintenance- Plant Maintenance Account), 2J01-523001-Q30001 (Watershed-Service, Repair and Maintenance-Treatment Collection Account), 2P01-523001-T31001 (Solid Waste-Service, Repair and Maintenance-Unallocated Account), 3P02-523001-D45K01109999 (Trust-Service, Repair and Maintenance-Restricted Reserve E-911 Account) and 3P02-524001-D45K01109999 (Trust Consultant/E-911-Restricted Reserve Account) in amounts provided herein; and for other purposes.

SECTION I (CONT’D)

04R2246 ( 3)Resolution by Finance/Executive Committee authorizing Renewal Agreement Number 4 with Motorola, Inc. for the City of Atlanta’s Citywide Radio System Maintenance Agreement for a period of 1 year in the amount of $1,794,168.00 with the option to renew said agreement for 1 additional year with firm, fixed rates annually; all cost to be paid form Fund, Account and Center Numbers 1A01-523001-T51013 (Service Repair and Maintenance Non-Department), 2H21-523001-R21E01219999 (Aviation- Service Repair and Maintenance-MIS Account), 2J01-523001-Q64001 (Watershed-Service Repair and Maintenance-Plant Maintenance Account), 2J01-523001-Q30001 (Watershed-Service Repair and Maintenance-Treatment Collection Account) and 2P01-523001-T31001 (Solid Waste-Service Repair and Maintenance-Unallocated Account), in amounts provided; and for other purposes.

04R2311 ( 4)Amended Resolution by Finance/Executive

*** Committee authorizing the Mayor and the Chief Financial Officer to execute certain amendments to financial contracts when market conditions or federal regulations make such changes advantageous to the City; authorizing the Chief Financial Officer to restructure investments when market conditions or federal regulations make such changes advantageous to the City; and for other purposes.

SECTION I (CONT’D)

CITY UTILITIES COMMITTEE

HOWARD SHOOK, CHAIR

04R1955 ( 5)Substitute Resolution by City Utilities Committee authorizing the Mayor or her designee to issue a Notice to Proceed with Metcalf & Eddy/Cardoza, a Joint Venture, for FC-7619-03E, for R. M. Clayton Compliance Upgrade, on behalf of the Department of Watershed Management in an amount not to exceed $2,115,153.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: 2J28 524001 Q32I020249999.

04R2232 ( 6)Resolution by City Utilities Committee authorizing the Mayor or designee to enter into an appropriate contractual agreement with Pizzagalli Construction Company, for FC-3004007809, South River WRC Upgrades Agreement on behalf of the Department Watershed Management in an amount not to exceed $3,514,000.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: 2J27 573001 Q35I18099999 (2001 Water & Wastewater Bond Fund).

04R2234 ( 7)Resolution by City Utilities Committee authorizing the Mayor or designee to enter into Amendment Agreement No. 1 with Clear Streams Objective Joint Venture for FC-7488-02B, Engineering Design Services for Combined Sewer Overflow ("CSO") Storage Tunnel Facilities (East Area) on behalf of the Department of Watershed Management in an additional amount not to exceed $1,123,145.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: 2J21 524001 Q38I02809999 (Water & Wastewater Renewal and Extension Fund).

SECTION I (CONT’D)

CITY UTILITIES COMMITTEE (CONT’D)

HOWARD SHOOK, CHAIR

04R2235 ( 8)Resolution by City Utilities Committee authorizing the Mayor or designee to enter into Amendment Agreement No. 1 with Parsons Infrastructure and Technology Group, Inc., for FC-7506-02, Engineering Design Services for Combined Sewer Overflow ("CSO") Dechlorination Facilities (West Area) on behalf of the Department of Watershed Management in an additional amount not to exceed $598,487.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: 2J27 574001 Q38I02699999 (2001 Water & Wastewater Bond Fund).

04R2236 ( 9)Resolution by City Utilities Committee approving adjustments on Water-Sewer Accounts.

UNDERGROUND LEAKS: Barbara J. Smith, 1486 Wellswood Drive; M Whitehead, 6655 Smoke Ridge Dr.; Brookwood Place, 1745 Peachtree St., NE; Nina S. Johnson, 3889 Branch Dr., SW; Gary Concrete Pr., 1842 Hollywood Road.

04R2237 (10)Resolution by City Utilities Committee approving adjustments on Water-Sewer Accounts.

METER LEAKS: Peach Auto Paint, 8435 Roswell Road, NE; Morningside Place Hoa., 2000 Lenox Road, NE.

SECTION I (CONT’D)

CITY UTILITIES COMMITTEE (CONT’D)

HOWARD SHOOK, CHAIR

04R2238 (11)Resolution by City Utilities Committee approving adjustments on Water-Sewer Accounts.

METER MALFUNCTIONS: Trion Winter MLK, 2660 Godby Road, SW.

04R2239 (12)Resolution by City Utilities Committee approving adjustments on Water-Sewer Accounts.

UNDERGROUND LEAKS: Richmond Oaks #40, 395 Sawtell Ave., SE; The Heritage Apts., 2400-A Campbellton Road, SW; Sandra Willis, 4045 Doster St., SW; Fairfax Homeowner, 7035 Glenridge Dr., NE; E. Ashmore-Davis, 12 Kelson at Peyton.

04R2240 (13)Substitute Resolution by City Utilities Committee authorizing the Mayor or designee to execute Amendment No. 7 to the Technical Assistance Agreement regarding water supply between the Atlanta Regional Commission ("ARC") and the City of Atlanta, Cobb County-Marietta Water Authority, DeKalb County and the Atlanta Fulton County Water Resources Commission ("AFCWRC"); (All are hereinafter referred to as "other parties") in order to fund work in furtherance of the regional technical efforts related to water supply on behalf of the Department of Watershed Management in the amount of $150,000.00. All contracted work shall be charged to and paid from Various Fund, Account and Center Numbers.

SECTION I (CONT’D)

CITY UTILITIES COMMITTEE (CONT’D)

HOWARD SHOOK, CHAIR

04R2255 (14)Resolution by Councilmember Anne Fauver as Amended by City Utilities Committee authorizing the Mayor or designee to issue a Notice to Proceed with Atlanta Services Group, a Joint Venture, for FC-7619-03B, Annual Contract for Architectural and Engineering Services to provide Intersection and Signalization Improvements for the Cheshire Bridge Road and Lindbergh Drive Project on behalf of the Department of Public Works in an amount not to exceed $136,600.00. All contracted work shall be charged to and paid from the following Fund, Account and Center Number: 1C45 574001 M41F055792BG.

04R2258 (15)Resolution by Councilmember Clair Muller as Amended by City Utilities Committee authorizing the Mayor or designee to enter into Amendment Agreement No. 2 with Kissberg Construction, Inc., for FC-7573-03A, Annual Contract for Sidewalks, Driveways and Curbs to include construction of sidewalk improvements for the Collier Road Sidewalk Project on behalf of the Department of Public Works in an amount not to exceed $160,000.00. All contracted work shall be charged to and paid from Various Fund, Account and Center Numbers.

04R2267 (16)Resolution by Councilmembers Howard Shook and Clair Muller requesting that Resolution 04-R-0433 which established the Telecommunications Policy and Advisory Committee to (TelePAC) for Ninety (90) days be extended to allow the committee to continue its work until June 30, 2005; and for other purposes.

SECTION I (CONT’D)

CITY UTILITIES COMMITTEE (CONT’D)

HOWARD SHOOK, CHAIR

04R2309 (17)Resolution by City Utilities Committee authorizing the

*** Mayor or designee to issue a Notice to Proceed with CH2M Hill, Inc./Williams-Russell and Johnson, a Joint Venture, for FC-7619-03C, Annual Contract for Architectural and Engineering Services to provide additional tasks for the development of the City of Atlanta's Solid Waste Management Program on behalf of the Department of Public Works in an amount not to exceed $623,818.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: 2P01 524001 M38101 (Solid Waste Service Revenue Fund – Sanitary Services Revenue).

04R2242 (18)Resolution by Community Development/Human Resources Committee authorizing the Mayor to apply for and accept a grant in the amount of $400,000.00 from the Arthur M. Blank Family Foundation for the purpose of expanding the Center Hill Park by acquiring up to 12 parcels of land adjacent to the existing site at 2503 Donald Lee Hollowell Parkway, NW, Atlanta, GA; to provide for grant matching funds; and for other purposes.

04R2270 (19)Resolution by Councilmembers Felicia A. Moore and Natalyn Archibong expressing the position of the Atlanta City Council to not accept or consider any recommendations from the Board of Directors of the Piedmont Park Conservancy regarding the Piedmont Park Expansion Plan until the Board has voted on the Expansion Plan in an open public meeting.

SECTION I (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

H. LAMAR WILLIS, CHAIR

04R2252 (20)Resolution by Public Safety and Legal Administration Committee authorizing the Mayor or her designee to accept on behalf of the Atlanta Fire – Rescue Department, the donation of a vacant residential structure (excluding land) valued at $260,000.00, located at 962 Glen Arden Way, NE (Virginia Highlands) by Mr. Helmi Nemo for the purpose of firefighter hands-on training.

04R2197 (21)Substitute Resolution by Transportation Committee authorizing the renewal of the Consulting Services Agreement with John Boatright (Boatright Aviation Consultants, Inc.), for the second renewal term from February 1, 2005, through January 31, 2006 , in an amount not to exceed $228,420.00, plus the increase of the same percentage as granted to Department of Aviation Employees, to be charged to and paid from Fund, Account and Center Number: 2H21 524001 R21E10409999 (Renewal and Extension Fund); and for other purposes.

04R2254 (22)Resolution by Transportation Committee authorizing the Mayor or her designee to execute a Lease Agreement with the Federal Aviation Administration (FAA) to provide approximately 0.3 acre for the operation of an Airport Surface Detection Equipment Model X (ASDE-X) Surface Movement Radar Site and six Transponder Multilateration Sensors to be erected at the expense of the FAA at the Hartsfield-Jackson Atlanta International Airport, for a term commencing February 1, 2005 and ending September 30, 2005, subject to consecutive automatic annual renewals thereafter until September 30, 2024, unless terminated by the FAA upon 30 day notice; and for other purposes.

SECTION I (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

04R2293 ( 1) Claim of Joyce L. Usher, for vehicular damages alleged to have been sustained from an automobile accident on September 7, 2004 at Glenwood Avenue and Florida Avenue. $1,557.16

04R2294 ( 2) Claim of MetLife Auto & Home, as subrogee of Delsharn Chavis, for vehicular damages alleged to have been sustained from driving over a sewer construction site that was left open and in an unsafe condition on August 2, 2002 at 2121 Larchwood Road, SW. $2,780.63

04R2295 ( 3) Claim of Leroy Lovelace, Jr, for property damages allegedly sustained from repairing a leaking sanitary sewer line on July 12, 2002 at 1221 Princess Avenue. $1,450.00

04R2296 ( 4) Claim of The Hartsford Omni Auto Plan, as subrogee of Herbert E. Barfield, as amended by Public Safety and Legal Administration Committee for vehicular damages alleged to have been sustained from an automobile accident on September 2, 2004 at Peachtree Battle Avenue, NW and Habersham Road, NW. $2,520.45

SECTION I (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT’D)

04R2297 ( 5) Claim of Darrin A. West, for vehicular damages alleged to have been sustained from driving over a storm drain that was below the street level causing a pothole on August 11, 2004 at 1269 Pryor Road, SE. $1,328.62

04R2298 ( 6) Claim of Larry J. and Brendel S. Stewart, for damages alleged to have been sustained as a result of a vehicular accident on February 5, 2004 at 1689 Mill Acres Drive, SW. $5,025.00

04R0961 ( 8) Claim of Jonathan K. King, for damages alleged to have been sustained as a result of a storm water overflow at 1218 First Street, NW.

04R1339 ( 9) Claim of Ron and Vivien Patrie, through their attorney, David H. Pope, for damages alleged to have been sustained as a result of a sewer overflow on May 4, 2002 at 1357 Paces Forest Drive.

SECTION I (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT’D)

04R1549 (10) Claim of Bettye Ferguson, for damages alleged to have been sustained as a result of flooding on September 21, 2002 at 463 Woods Drive, NW.

04R2281 (11) Claim of Judy W. Barnett, for vehicular damage allegedly sustained when a vehicle drove over a curb and struck a ruptured light pole base on December 2, 2002 at 1065 Ralph D. Abernathy Boulevard, SW.

04R2282 (12) Claim of Dustin Farias, a minor, through his attorney, Richard S. Griffin, for damages alleged to have been sustained as a result of a vehicular accident on July 20, 2004 at North Indian Creek Drive, Clarkston, Georgia.

04R2283 (13) Claim of Kekoa Broughton, a minor, through her attorney, Richard S. Griffin, for damages alleged to have been sustained as a result of a vehicular accident on July 20, 2004 at North Indian Creek Drive, Clarkston, Georgia.

04R2285 (14) Claim of Kawika Broughton, a minor, through her attorney, Richard S. Griffin, for damages alleged to have been sustained as a result of a vehicular accident on July 20, 2004 at North Indian Creek Drive, Clarkston, Georgia.

SECTION I (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT’D)

04R2286 (15) Claim of Ted Broughton, through his attorney, Richard S. Griffin, for damages alleged to have been sustained as a result of a vehicular accident on July 20, 2004 at North Indian Creek Drive, Clarkston, Georgia.

04R2287 (16) Claim of Lynette Broughton, through her attorney, Richard S. Griffin, for damages alleged to have been sustained as a result of a vehicular accident on July 20, 2004 at North Indian Creek Drive, Clarkston, Georgia.

04R2288 (17) Claim of Cathy Lewis, through her attorney, Orlando A. Marra, for damages alleged to have been sustained as a result of a slip and fall incident on April 28, 2004 at Bankhead Highway and Yates Drive.

04R2289 (18) Claim of Tom and Montine Crusselle, for damages alleged to have been sustained when police forced entry into a rental property to apprehend and arrest a rape suspect on August 4, 2004 at 499 Federal Terrace, SW.

04R2290 (19) Claim of Rudy L. Jones, for damages alleged to have been sustained as a result of striking a pothole on September 1, 2004 on Dunwoody Road.

SECTION I (CONT’D)

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (CONT’D)

04R2291 (20) Claim of Elizabeth S. Sexton, for damages alleged to have been sustained as a result of the rupture of a water main due to a lightening strike on June 22, 2004 at 734 Church Street, NW.

04R2292 (21) Claim of Brian M. and Pamela S. Yanni, for damages alleged to have been sustained as a result of an automobile accident on July 28, 2004 at Highland Avenue, NE and University Drive, NE.

CITY UTILITIES COMMITTEE

HOWARD SHOOK, CHAIR

04O2241 ( 1)Ordinance by City Utilities Committee amending the 2004 (2000 G. O. Referendum Quality of Life Bond Fund) Budget by transferring from and to appropriations in the amount of $4,227,150.64 to fund several sidewalk and street resurfacing projects; and for other purposes.

REFERRED TO CITY UTILITIES COMMITTEE BY A ROLL CALL VOTE OF 11 YEAS; 0 NAYS

04O2243 ( 2)Ordinance by Community Development/Human Resources Committee authorizing the Mayor or her designee, on behalf of the City, to negotiate for and purchase three parcels, adjacent to the City of Atlanta’s existing Wildwood Urban Forest totaling approximately 3.01 acres, known as the Swift Property, the Catherwood Property and the Cornish Property, for an amount not to exceed $380,000.00, to be paid by the Atlanta Development Authority using a grant from the Arthur M. Blank Family Foundation and the remainder to be paid from the Greenway Acquisition Project Fund, Account and Center Number 3P02-571001-P31102549999; and for other purposes.

04O2154 ( 3)Ordinance by Community Development/Human Resources Committee amending the 2004 (Community Development Fund) Budget by transferring appropriations in the amount of $10,000.00 for the purpose of providing the City of Atlanta share of the cost of conducting the 2005 Homeless Census; and for other purposes.

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

H. LAMAR WILLIS, CHAIR

04O2249 ( 4)Ordinance by Public Safety and Legal Administration Committee amending the 2004 (Intergovernmental Grant Fund) Budget, Department of Police, to anticipate and appropriate a grant from the U. S. Department of Justice in the amount of $450,000.00 to detect and apprehend human trafficking operators; and for other purposes.

REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE BY A ROLL CALL VOTE OF 11 YEAS; 0 NAYS

04O2250 ( 5)Ordinance by Public Safety and Legal Administration Committee amending the 2004 (Intergovernmental Grant Fund) Budget, by adding to anticipations and appropriations in amount of $125,400.00 from the Governor’s Office of Highway Safety for the purpose of the continuation of the Child Safety Seat Fitting Program; and for other purposes.

REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE BY A ROLL CALL VOTE OF 11 YEAS; 0 NAYS

04O2253 ( 6)Ordinance by Transportation Committee granting to Delta Air Lines an easement across real property owned by the City of Atlanta in Land Lot 22 of the 13^th District of Clayton County, to provide for the construction of a duct bank that will connect new switchgear with the new Delta Substation in an area north of Aviation Boulevard; authorizing the Mayor or her designee to execute appropriate instruments to evidence the granting of such easements; and for other purposes.

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

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

Absent: Councilmember Fauver

04O1814 ( 2)Ordinance by Councilmembers Debi Starnes, Carla Smith, Ceasar C. Mitchell, H. Lamar Willis, Joyce M. Sheperd and Mary Norwood as Substituted and Amended by Finance/Executive Committee to amend Chapter ___, Article X, Division Four of the Code of Ordinances of the City of Atlanta to add a new Section to encourage the City of Atlanta and businesses that benefit from receipt of City funds or from use of City property to engage in responsible business practices by paying their employees a living wage, providing health benefits, practicing pay equity; and for other purposes.

04O2256 ( 3)harter Amendment by Councilmembers C. T. Martin, Natalyn Archibong, H. Lamar Willis and Ivory L. Young, Jr. as Substituted and Amended by Finance/Executive Committee to amend Section 6-302 of the Charter of the City of Atlanta so as to mandate that the Council submit to the Mayor, no later than June 30 a list of its priorities for the coming year’s budget; and for other purposes.

04O2262 ( 4)Ordinance by Councilmember Natalyn Archibong authorizing the Mayor to execute a Cooperation Agreement by and among the City of Atlanta, Fulton County, and the Housing Authority of the City of Atlanta, Georgia pertaining to the terms, conditions, duties and responsibilities of the parties with respect to the development and management of the New Community at Capitol Homes, a Mixed Income Housing Community; and for other purposes.

04R2244 ( 1)Resolution by Finance/Executive Committee authorizing the Chief Procurement Officer to utilize the State of Georgia Contract 92-00151 with Dell Marketing L. P. for the purchase of 51 Optiplex GX280, 13 Latitude D600 Computers, 2 CFI Integrations and 1 2300 Projector on behalf of the Department of Information Technology, in an amount not to exceed $102,349.06. All contracted work shall be charged to and paid from Fund, Account and Center Number: 2M01 Internal Funds, 575001 Equipment, E11001 Office of CIO.

04R2247 ( 2)Substitute Resolution by Finance/Executive Committee authorizing the Mayor or designee to enter into an Appropriate Contractual Agreement with Malcolm Pirnie, d.b.a Red Oak Consulting, a Division of Malcolm Pirnie for FC-6004007875, for the purpose of conducting specialized assessment training and adding the Bureau of Wastewater Treatment and Collection Facilities to the Department of Watershed Management Emergency Response Plan on behalf of the Department of Watershed Management in an amount not to exceed $434,000.00. All contracted work shall be charged to and paid from Fund, Account and Center Number: Water and Wastewater Renewal and Extension Fund - 2J21 524001 Q12J20029999.

Attendance at the January 03, 2005 meeting of the Committee on Council was as follows:

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

Absent: Councilmember Archibong

Resolution

05R0032 ( 1)Resolution by Committee on Council to establish (FIX) qualifying fees, dates and times for candidates to qualify to fill the offices of Mayor , Council President, Council Members and Board of Education Members in the November 8, 2005 Municipal General Election for the City of Atlanta.

05O0031 ( 1)Ordinance by Committee on Council to call and conduct a General Election for the City of Atlanta to be held on Tuesday, November 8, 2005 to elect the Mayor, Council President, Council Members and Board of Education Members and to retain other officials; to conduct a run-off election if necessary to be held on November 29, 2005; and for other purposes.

Council President Lisa M. Borders Presided

CITY UTILITIES COMMITTEE (1)

HOWARD SHOOK, CHAIR

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

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

Absent: None

04R2278 ( 1)Resolution by Councilmembers Mary Norwood and Joyce Sheperd authorizing the Mayor to enter into an agreement with the Keep Atlanta Beautiful Commission; and for other purposes.

FILED BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

Council President Lisa M. Borders Presided

CITY UTILITIES COMMITTEE (2)

HOWARD SHOOK, CHAIR

04O1006 (17)Ordinance by City Utilities Committee to abandon

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

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

Absent: None

Council President Lisa M. Borders Presided

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (1)

H. LAMAR WILLIS, CHAIR

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

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

Absent: None

03O0767 ( 1)Ordinance by Councilman C. T. Martin as Substituted by Full Council to amend Section 30-1405 Vending Districts and Locations, of Article XXIII. Vending on public property, so as to add one (1) additional vending space in District No. 5, 6 Five Points; to be designated as 5-6 specifically for a disabled veteran; and for other purposes.

03O1182 ( 2)Ordinance by Councilmembers Ceasar C. Mitchell and Mary Norwood to create the City of Atlanta Public Safety and Judicial Facilities Authority pursuant to the War on Terrorism Local Assistance Act, which was enacted by the Georgia General Assembly and codified in O.C.G.A. Sections 36-75-1 et seq.; and for other purposes.

03O1454 ( 3)Ordinance by Councilmember Debi Starnes to amend Section 10-1 to Chapter 10, Article 1, to the Code of Ordinances, City of Atlanta, Georgia, so as to amend the definition of "distance" contained within said section; and for other purposes.

Council President Lisa M. Borders Presided

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (2)

H. LAMAR WILLIS, CHAIR

04O0502 ( 4)Ordinance by Councilmember Ceasar C. Mitchell to amend the Code of Ordinances of the City of Atlanta, Georgia, Chapter 162, Article II, Sections 162-33, 162-36, 162-42, 162-43, 162-76, 162-77, 162-78, 162-102 and to create a new Section 162-79; to provide time limits on the decision to issue vehicles for hire company and driver permits; to provide for certain administrative fees; to provide that certain information be displayed on a vehicle for hire; to provide that all passengers of vehicles for hire receive receipts upon request; to provide standards of punishment for certain code violations; to provide a definition for the term habitual violator; to provide additional requirements for those permitted to drive a vehicle for hire and to possess a company permit; to repeal conflicting ordinances; and for other purposes.

04O0503 ( 5)Ordinance by Councilmember Ceasar C. Mitchell to amend Article II of the Code of Ordinances by adding Section 162-44 so as to create a Vehicles for Hire Advisory Commission; and for other purposes.

04O0504 ( 6)Ordinance by Councilmember Ceasar C. Mitchell to amend Article II, Section 162-29 so as to expand the number of hearing officers and allow the Vehicles for Hire Advisory Commission to provide Hearing Officer Nominations to the Mayor; and for other purposes.

04O0931 ( 7)Ordinance by Councilmembers C. T. Martin, H. Lamar Willis, Felicia A. Moore, Natalyn M. Archibong, Clair Muller, Vernell Mosley and Ivory Lee Young, Jr. to amend Section 22-110 "Firearms", of the Code of Ordinances of the City of Atlanta, so as to expand the definition of "weapons"; to provide exemptions therefor; and for other purposes.

Council President Lisa M. Borders Presided

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (3)

H. LAMAR WILLIS, CHAIR

Council President Lisa M. Borders Presided

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (4)

H. LAMAR WILLIS, CHAIR

04O1270 (10)Ordinance by Councilmember H. Lamar Willis to amend Part II, 122, Article V of the Atlanta City Code of Ordinances by adding Section 122-158 requiring secondary metal recyclers to make daily reports to the Police Department of all secondary metals purchased during the 24 hour period of the date of the report; and for other purposes.

04O1271 (11)Ordinance by Councilmember H. Lamar Willis to amend Part II, Chapter 122, Article V of the Atlanta City Code of Ordinances by adding Section 122-159 requiring a 24 hour holding period for secondary metal recyclers; and for other purposes.

Council President Lisa M. Borders Presided

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (5)

H. LAMAR WILLIS, CHAIR

04O1628 (13)Ordinance by Councilmember Clair Muller as Substituted by Public Safety and Legal Administration Committee to amend the City of Atlanta Noise Ordinance Section 74-129 of the City of Atlanta Code of Ordinances to provide maximum audible sound levels for heating and air conditioning equipment adjoining a property line in a Residential Zoning District.

04O1806 (14)Ordinance by Councilmember Clair Muller to amend Code Section 70-29 of the Code of Ordinances for the purpose of repealing the permit requirement for residential properties; and for other purposes.

Council President Lisa M. Borders Presided

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (6)

H. LAMAR WILLIS, CHAIR

04O1923 (15)Ordinance by Councilmember Ceasar C. Mitchell to amend the Code of Ordinances of the City of Atlanta, Georgia, Chapter 162, entitled "Vehicles For Hire", by creating a new Section 162-44 which shall declare that it shall be unlawful for any agent or employee of any restaurant or of any hotel, motel or other similar lodging business, to direct patrons to certain unauthorized vehicles for hire or for any restaurant or any hotel, motel or other similar lodging business to knowingly permit or allow any of its agents or employees to direct patrons to certain unauthorized vehicles for hire; to repeal conflicting Ordinances; and for other purposes.

04O1924 (16)Ordinance by Councilmember Ceasar C. Mitchell to amend Section 98-29 of the Code of Ordinances of the City of Atlanta, Georgia so as to provide that the Department of Police and the Bureau of Taxicabs and Vehicles for Hire shall be authorized to enforce Section 16-28.014(7) of the Zoning Code pertaining to the number of off-street, on-site taxicab stands required to be maintained by hotels and motels in the City; and for other purposes.

04O2023 (17)Ordinance by Councilmember Ceasar C. Mitchell to amend the Code of Ordinances of the City of Atlanta, Georgia, Chapter 162, entitled "Vehicles for Hire", by creating a new Section 162-120 to be entitled "The Paratransit Taxi Program" (or "The Wheelchair Accessible Taxicab Pilot Program"); to establish the rules, regulations, requirements and vehicle specifications related to said program; to repeal conflicting ordinances; and for other purposes.

04O2225 (18)Ordinance by Public Safety and Legal Administration Committee to amend certain sections of the Code of Ordinances relating to the Municipal Court of the City of Atlanta; and for other purposes.

ADOPTED BY A ROLL CALL VOTE OF 14 YEAS; 1 NAY

Council President Lisa M. Borders Presided

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE (7)

H. LAMAR WILLIS, CHAIR

03R1705 ( 1)Resolution by Councilmembers Ceasar C. Mitchell and C. T. Martin to express the will and desire of the Council that the Mayor seek the relocation of the Atlanta Police Department and Emergency Management System (911) to suitable location to be determined; and for other purposes.

03R2218 ( 2)Resolution by Councilmembers Mary Norwood and C. T. Martin authorizing the City Council to work with the Alcohol License Beverage Council to develop a strategy to fund the creation of a strike force within the Atlanta Police Department, to assist with Public Safety issues associated with late night activity in entertainment areas and similarly impacted locations; and for other purposes.

04R1241 ( 3)Resolution by Public Safety and Legal Administration Committee authorizing the settlement of all claims in the case of Michael Willis v. City of Atlanta, Fulton County Superior Court, Civil Action File No. E-65437, in the amount of $43,000.00; authorizing the Chief Financial Officer to distribute the settlement amount; and for other purposes.

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

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

Absent: Councilmembers Willis and Sheperd

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

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

Absent: Councilmembers Sheperd and Smith

04O0458 ( 1)Amended Ordinance by Zoning Committee to

Z-04-10 rezone from the I-2 (Heavy Industrial) District to the R-4 (Single-Family Residential) District, property located at 1891 Evans Drive, SW, fronting 277 feet on the southwesterly side of Evans Drive beginning 188.13 feet southerly from the southwest corner of Osborne Street.

Depth: 1,061. 36 Square Feet

Area: 5.834 Acres

Land Lot: 122, 14^th District, Fulton County, Georgia

Owner: J. Martin Turbidy

Applicant: John W. Madden

NPU-X Council District 12

04O1820 ( 2)Substitute Ordinance by Zoning Committee to amend

Z-04-121 the 1982 Zoning Ordinance of the City of Atlanta to rezone certain properties within the Cheshire Bridge Road Corridor from the R-3 (Single-Family Residential), RG-3-C(Residential General-Conditional), C-1 (Community Business), C-2(Commercial Service), I-1 (light Industrial) Districts to the MR-2 (Multi-Family Residential), MR-3-C (Multi-Family Residential-Conditional), MRC-1-C (Mixed Residential Commercial-Conditional), MRC-2 (Mixed Residential Commercial), and MRC-2-C (Mixed Residential Commercial-Conditional) Districts; and for other purposes.

NPU-F Council District 6

04O1821 ( 3)Substitute Ordinance by Zoning Committee to amend

Z-04-122 the 1982 Zoning Ordinance of the City of Atlanta to rezone certain properties within the Cheshire Bridge Road Corridor from the R-4 (Single-Family Residential) District, C-1 (Community Business), C-1C (Community Business-Conditional) and the C-2-C (Commercial Service-Conditional) Districts to the NC-4 Cheshire Bridge Road North Neighborhood Commercial District; and for other purposes.

NPU-F Council District 6

04O1822 ( 4)Substitute Ordinance as Amended by Zoning

Z-04-123 Committee to amend the 1982 Zoning Ordinance of the City of Atlanta to rezone certain properties within the Cheshire Bridge Road Corridor from the C-1 (Community Business) and C-2 (Commercial Service), R-4 (Single Family Residential), RLC (Residential Limited Commercial) and RLC-C (Residential Limited Commercial-Conditional) Districts to the NC-5 Cheshire Bridge Road South Neighborhood Commercial District; and for other purposes.

04O1837 ( 5)Substitute Ordinance as Amended by Zoning

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

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

Depth: Varies

Area: 7.106 Acres

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

Depth: Varies

Area: 2.653 Acres

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

Depth: Varies

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

Depth: Varies

Area: 0.746 Acre

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

Owner: Arthur Cohen, et al.

Applicant: Gellerstedt Development, LLC

NPU-M Council District 2

04O2273 ( 6)Ordinance by Councilmember Felicia A. Moore correcting Ordinance 04-O-1359 adopted by City Council November 1, 2004 approved by the Mayor November 5, 2004 rezoning thirteen properties as part of the implementation of the Donald L. Hollowell Parkway Redevelopment Plan so that the Map entitled "Attachment A, Exhibit, C" intended as part of the original legislation is included.

04O2063 ( 7)Ordinance by Community Development/Human

04-O-2301 ( 1) An Ordinance by Zoning Committee to rezone property

Z-04-134 from the R-5 (Two-Family Residential) District to the C-2 (Commercial Service) District, property located at 183 Moreland Avenue, SE, fronting 153 feet on the west side of Moreland Avenue beginning 550 feet south from the southwest corner of Kirkwood Avenue.

Depth: Varies

Area: Approximately 0.506 Acre

Land Lot: 13, 14^th District, Fulton County, Georgia

Owner: Community Bible Chapel

Applicant: Robert J. Marek

NPU-N Council District 5

04-O-2302 ( 2) An Ordinance by Zoning Committee to amend Ordinance

Z-04-136/ Z-04-62, adopted by City Council October 4, 2004 and

Z-04-62 approved by the Mayor October 8, 2004 rezoning from the C-1 (Community Business) and R-4 (Single-Family Residential) Districts to the PD-MU (Planned Development-Mixed Use) District, property located at 2011 Bolton Road, NW, for the purpose of approving an amended Site Plan.

Owner: Mark G. Harrison

By: Zoning Committee

NPU-D Council District 9

04-O-2303 ( 3) An Ordinance by Zoning Committee to rezone from the

Z-04-138 RG-4 (Residential General – Sector 4) District to the MRC-3 (Mixed Residential Commercial) District, property located at 180 Jackson Street and 382 John Wesley Dobbs, N.E. (a.k.a. 390 Irwin Street), fronting approximately 193 feet on the north side of Irwin Street beginning at the northwest corner of Jackson Street and Irwin Street. Property also has frontage on Jackson Street and John Wesley Dobbs.

Depth: Varies

Area: Approximately 9.5 Acres

Land Lot: 46, 14^th District, Fulton County, Georgia

Owner: Sandra K. Hartman

Applicant: Alycen E. Whiddon

NPU-M Council District 2

04-O-2304 ( 4) An Ordinance by Zoning Committee to rezone from the I-1

Z-04-139 (Light Industrial) District to the LW (Live Work) District, property located at 616-620 Angier Avenue, NE, fronting 101.7 feet on the north side of Angier Avenue 152.4 feet east of the northeast corner of Glen Iris Drive and Angier Avenue.

Depth: Varies

Area: 0.424 Acre

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

Owner: Stephen and Kelly Clemons

Applicant: Allen Hoss

NPU-M Council District 2

04-O-2305 ( 5) An Ordinance by Zoning Committee to rezone property

Z-04-140 from the R-4 (Single Family Residential) District to the PD-H (Planned Development-Housing) District, property located at 1761 Flat Shoals Road, S.E. (a.k.a. 1031 Leah Lane), fronting approximately 50 feet on the westerly side of Leah Lane approximately 430 feet west of the intersection of Flat Shoals Road and Leah Lane.

Depth: Varies

Area: Approximately 6.26 Acres

Land Lots: 146 and 147, 15^th District, DeKalb County, Georgia.

Owner: Dan Woodley

Applicant: Jacob Cohen and Dan Woodley

NPU-W Council District 5

04-O-2306 ( 6) An Ordinance by Zoning Committee granting a Special

U-04-29 Use Permit for Outdoor Dining (Section 16-011.005(1)(L), property located at 1920 Howell Mill Road, NW, fronting approximately 145 feet on the west side of Howell Mill Road, beginning at the northwest corner of Beck Street and Howell Mill Road.

Depth: Varies

Area: 0.736 Acre

Land Lot: 153, 17^th District, Fulton County, Georgia

Owner: Charles L. Hill, Jr./Ironhead LLC

Applicant: Karl F. Bitter

NPU-C Council District 8

04-O-2307 ( 7) An Ordinance by Zoning Committee to amend Ordinance

U-04-30/ U-82-5, adopted by City Council May 3, 1982 and approved

U-82-5 by the Mayor May 4, 1982 approving a Special Use Permit for a Cemetery, property located at 1990 Jonesboro Road, SE, for the purpose of approving an amended Site Plan.

Owner: South-View Cemetery Association

Applicant: Winifred Watts Hemphill

NPU-Z Council District 1

04-O-2308 ( 8) An Ordinance by Zoning Committee granting a Special

U-04-31/ Use Permit for a Solid Waste Handling Facility (Section 16-

Depth: Varies

Area: 11.8578 Acres

Land Lots: 28 & 29, 14^th District, Fulton County, Georgia

Owner: Atlanta Recycling, Inc.

Applicant: Allstate Waste, Inc.

By: Brian E. Daughdrill, Esq., Attorney

NPU-Z Council District 12

04-O-2310 ( 9) An Ordinance by Zoning Committee to rezone property

Z-04-137/ from the C-1-C (Community Business-Conditional) and the

Z-95-58 C-3 Commercial Residential) Districts to the PD-OC

*** (Planned Development-Office Commercial) District for property located at 3344 & 3346 Peachtree Road, NE (F.K.A. 3340 & 3348 Peachtree Road) and an Ordinance to amend Ordinance 98-O-0167 adopted by City Council February 17, 1997 and approved by Action of Law on February 25, 1997 regarding Zoning conditions for property located at 3340 Peachtree Road, NE for the purpose of approving a revised site Plan and Change of conditions; and for other purposes.

05-O-0033 ( 1) An Ordinance by Councilmember Ivory Lee Young, Jr. to amend sections of Part 15 of the City of Atlanta Land Subdivision Ordinance for the purpose of defining a procedure and application process for the acknowledgement of lots of record; and for other purposes.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

05-O-0034 ( 2) An Ordinance by Councilmember Felicia A. Moore amending the 2004 (2001 Quality of Life Bond Fund) Budget in the amount of $24,000.00 for the purpose of transferring appropriations and revising project budgets within Category 2 Public Plazas and Greenspace Projects for Underwood Hills Greenspace enhancements; and for other purposes.

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

05-O-0035 ( 3) An Ordinance by Councilmember Clair Muller transferring $10,000.00 from the District 8 Councilmember’s expense account to the Department of Parks, Recreation and Cultural Affairs Trust Fund Account to fund a portion of the Memorial Park Playground restoration; and for other purposes.

05-O-0038 ( 4) An Ordinance by Councilmember Debi Starnes a Ninth Supplemental Bond Ordinance supplementing the restated and amended Master Bond Ordinance of the City of Atlanta adopted on March 20, 2000 (99-O-1896), as amended and supplemented by the First Supplemental Bond Ordinance of the City of Atlanta adopted on March 30, 2000 (00-O-2014), the Second Supplemental Bond Ordinance of the City of Atlanta adopted on October 7, 2002 (02-O-1463), the amended and restated Third Supplemental Bond Ordinance of the City of Atlanta adopted on May 19, 2003 (03-O-0772), the Fourth Supplemental Bond Ordinance of the City of Atlanta adopted on June 2, 2003 (03-O-0835), the Fifth Supplemental Bond Ordinance of the City of Atlanta adopted on September 15, 2003 (03-O-1448), the Sixth Supplemental Bond Ordinance of the City of Atlanta adopted on November 17, 2003 (03-O-1871), the Seventh Supplemental Bond Ordinance of the City of Atlanta adopted on April 19, 2004 (04-O-0431), and the Eighth Supplemental Bond Ordinance of the City of Atlanta adopted on October 18, 2004 (04-O-1811), to authorize the execution and delivery of an Intergovernmental Agreement with the City of College Park; to authorize the execution and delivery of a Ground Lease Agreement with the City of College Park; to authorize the execution and delivery of an Installment Purchase Agreement with the City of College Park, to be treated as a Hybrid Bond secured by a senior lien on PFC Revenues and a subordinate lien on General Revenues; to authorize the execution and delivery of a Bond Purchase Agreement in connection therewith; to authorize and approve the preparation, use, and distribution of a preliminary official statement and a final official statement in connection therewith; and for other purposes.

05-O-0039 ( 5) An Ordinance by Councilmembers C. T. Martin, Natalyn Archibong, H. Lamar Willis and Ivory Lee Young, Jr. to amend the Charter of the City of Atlanta, Georgia adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298 et. seq., as amended by the 1996 Session of the Georgia General Assembly, 1996 Georgia Laws, (O.C.G.A. § 36-35-1et. seq.) as amended, so as to make certain amendments to Section 6-302 of the Charter of the City of Atlanta so as to provide that the Mayor take into consideration the priorities of the City Council in the preparation of the tentative budget; to repeal conflicting ordinances; and for other purposes.

05-O-0041 ( 6) An Ordinance by Councilmember Natalyn Archibong to amend the 2005 (General Government Capital Outlay Fund) Budget by transferring appropriations in the amounts of $300,000.00 from Park Impact Fees – South for the purpose of acquiring green space properties located at 591, 595 and 601 Harold Avenue to establish the Harold Avenue Park; and for other purposes.

05-O-0042 ( 7) An Ordinance by Councilmember Cleta Winslow authorizing the Mayor or her designee to make one-half of Gordon Place, SW from a one-way street to a two-way street from Ralph David Abernathy Boulevard to the boundary of 662 and 668 Gordon Place, SW; and for other purposes.

REFERRED TO TRANSPORTATION COMMITTEE WITHOUT OBJECTION

05-O-0043 ( 8) An Ordinance by Councilmember Cleta Winslow to ratify and affirm City funding of a Homeowner Funding Agreement for a contract in the amount of $162,180.73 to be paid to the Brown Design Group for the reconstruction of an owner occupied property damaged by the 2002 flood; to be charged to and paid from F/A/C 1A01 524001 Y45001; and for other purposes.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

05-O-0044 ( 9) An Ordinance by Councilmembers Ceasar C. Mitchell and Cleta Winslow to authorize the extension of all permits for vending on public property issued in 2003 to June 30, 2005; to authorize an extension of the moratorium of the issuance of permits to vend on public property until June 30, 2005; and for other purposes.

REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

05-O-0045 (10) An Ordinance by Councilmember Debi Starnes to abandon the following portion of property, being more specifically described in the legal description attached as Exhibit "A" and to accept the dedication of a right-of-way deed for property to be used for the purpose of widening Fowler Street, said property lying and being in Land Lots 79, 80, 107, 108 of District 17, Fulton County, Georgia; and for other purposes.

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

05-R-0036 ( 1) A Resolution by Councilmembers Clair Muller and Howard Shook recommending inclusion of Management, Operation and Maintenance System requirements of the Consent Decree and applicable performance standards into the proposed NPDES Permit Nos. GA0037168 and GA0038644 for the City of Atlanta East and West Area Combined Sewer Overflow (CSO) Treatment Facilities.

REFERRED TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

05-R-0037 ( 2) A Resolution by Councilmember Debi Starnes 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 special counsel to the City of Atlanta in connection with the Hartsfield-Jackson International Airport Landside Access Project and Consolidated Car Rental Facility Project; 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 $150,000.00 per bond issue; and for other purposes.

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

05-R-0040 ( 3) A Resolution by Councilmembers C. T. Martin and Natalyn Archibong authorizing the Atlanta City Council, through its Community Development/Human Resources Committee, to hold a public hearing on all contracts entered into with the Atlanta Development Authority; and for other purposes.

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

ADJOURNMENT

ADJOURNMENT ROLL CALL: Council President Lisa M. Borders (1); Councilmembers Smith, Starnes, Young, Winslow, Fauver, Muller, Moore, Martin, Maddox, Sheperd, Norwood and Willis (12); Councilmember Mitchell was excused (1); the attendance of Councilmembers Archibong and Shook were not signified upon the adjourning roll call (2).