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Note:  A complete listing of items 5 and 8 may not appear in this version.

Order of Business for the Atlanta City Council

Monday, November 20, 2006

The Honorable Lisa M. Borders, Presiding

1:00 P.M.

 1.        Call to Order

 2.        Roll Call

 3.        Invocation

 4.        Pledge of Allegiance

                                    Page

 5.        Proclamations, Commendations and other Special Awards                      2

 6.        Remarks by the Public

 7.        Report of the Journal

 8.        Communications                       2

 9.        Adoption of Agenda

10.       Consideration of Vetoed Legislation                 

11.       Unfinished Business                  4

12.       Consent Agenda                      

13.       Report of Standing Committees Committee Chairs                     Pages

            Zoning Committee        Carla Smith      29

            Committee on Council**          Felicia A. Moore          57

            Public Safety and Legal

            Administration Committee*       Cleta Winslow  61

            Community Development/Human

            Resources Committee   Jim Maddox     64

            Transportation Committee         Clair Muller      74

            Finance/Executive Committee   Howard Shook 78

            City Utilities Committee            Ceasar C. Mitchell        83

14.       Personal Papers/Resolutions for immediate consideration

15.       Personal Papers and General Remarks

16.       Adjournment: Roll Call

*          No Report

**        No Report at Time of Agenda Preparation

***      Items that did not appear on any committee’s regular printed agenda.  (Pages 14, 15 & 28)

PROCLAMATIONS, COMMENDATIONS AND OTHER SPECIAL

AWARDS

Councilmember Felicia A. Moore– proclamations being presented to:

Honoring Kenyoshia Thomas

Honoring Marcus Lefall

Councilmember Jim Maddox - proclamation being presented to:

Honoring Georgianne Thomas

Councilmember H. Lamar Willis – proclamations being presented to:

Honoring Kathy Mayfield

Honoring Talisha Patten

8.         COMMUNICATIONS

06C2503( 1)            A Communication by Mayor Shirley Franklin appointing Ms. Elizabeth B. Chandler as City Attorney for the City of Atlanta, scheduled to begin on the date of Council confirmation.

TO BE REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE AND COMMITTEE ON COUNCIL

06C2504( 2)            A Communication by Mayor Shirley Franklin appointing Mr. Sam Bacote, III to serve as a member of the Fulton County/City of Atlanta Land Bank Authority.  This appointment is to fill the unexpired term of Joel Alvarado, which expires 12/05/09, scheduled to begin on the date of Council confirmation.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE AND COMMITTEE ON COUNCIL

06C2505( 3)            A Communication by Mayor Shirley Franklin re-appointing Ms. Eva Davis to serve as a member of the Atlanta Housing Authority Board of Commissioners on behalf of the City of Atlanta.  This re-appointment is for a term of one (1) year, scheduled to begin on the date of Council confirmation.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL

06C2506( 4)            A Communication by Mayor Shirley Franklin re-appointing Mr. Elder J. Brown to serve as a member of the Atlanta Housing Authority Board of Commissioners on behalf of the City of Atlanta.  This re-appointment is for a term of one (1) year, scheduled to begin on the date of Council confirmation.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL

06C2507( 5)            A Communication by Mayor Shirley Franklin appointing Mr. Joe Hindsley to serve as Chair of the Atlanta Workforce Development Board for the City of Atlanta.  This appointment is to run concurrent with his term to expire 8/21/08.  No council confirmation required.

RECOMMENDATION TO FILE

06C2508( 6)            A Communication by Mayor Shirley Franklin appointing Mr. Frankie Brown to serve as a Taxicabs & Vehicles for Hire Hearing Officer for the City of Atlanta.  This appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

TO BE REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE AND COMMITTEE ON COUNCIL

06C2509( 7)            A Communication to Council President Lisa M. Borders by Clerk Mark Massey to the Fulton County Board of Commissioners submitting the Fulton County Board of Commissioners’ appointment of Ms. L. Dianne Olansky (Position 6) to serve as the County’s representative on the BeltLine TAD Advisory Committee.  This appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE AND COMMITTEE ON COUNCIL

06C2510( 8)            A Communication by Chief Procurement Officer Adam L. Smith submitting the October 2006 Monthly Contracts Report to the Atlanta City Council and Clerk of Council pursuant to Section 2-1142 of the Atlanta City Code of Ordinances.

RECOMMENDATION TO FILE

06C2511( 9)            A Communication by Municipal Clerk Rhonda Dauphin Johnson submitting a report of administrative corrections made to previously adopted legislation between the Council’s regular meeting dates of November 06, 2006 and November 20, 2006 to the Atlanta City Council in accordance with Section 2-275 of the Atlanta City Code of Ordinances. (06R2043

RECOMMENDATION TO FILE

11.       UNFINISHED BUSINESS

06-O-1923 ( 1)            An Ordinance by Councilmembers Howard Shook, Jim Maddox, H. Lamar Willis and Ceasar C. Mitchell to amend the Land Use Element of the City of Atlanta’s 2004-2019 Comprehensive Development Plan (“CDP”) so as to designate property located in the Sandtown Community, after its annexation into the City of Atlanta, as Open Space, Single-Family Residential, Mixed-Use and Low-Density Commercial; and for other purposes.  (Public Hearing held 9/11/06)

At the regularly scheduled meeting of November 6, 2006, Councilmember Young made a motion for Ordinances 06O1923 06-O-1924, 06-O-1925, 06-O-1926 and 06-O-1927 to remain tabled.  It was properly seconded and the motion carried by a roll call vote of 10 yeas; 0 nays.

REMAIN TABLED BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

06-O-1924 ( 2)            An Ordinance by Councilmembers Howard Shook, Jim Maddox, H. Lamar Willis and Ceasar C. Mitchell to provide for the Annexation of land known as the Sandtown Community to the corporate limits of the City of Atlanta; to provide for the notification of the Department of Community Affairs; and for other purposes.

At the regularly scheduled meeting of November 6, 2006, Councilmember Young made a motion for Ordinances 06O1923 06-O-1924, 06-O-1925, 06-O-1926 and 06-O-1927 to remain tabled.  It was properly seconded and the motion carried by a roll call vote of 10 yeas; 0 nays.

REMAIN TABLED BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

06-O-1925 ( 3)            An Ordinance by Councilmembers Howard Shook, Jim Maddox, H. Lamar Willis and Ceasar C. Mitchell to amend the Land Use Element of the City of Atlanta’s 2004-2019 Comprehensive Development Plan (“CDP”) so as to designate property located in the Cascade Glen Subdivision, after its annexation into the City of Atlanta, as Single-Family Residential; and for other purposes.  (Public Hearing held 9/11/06) (Favorable by CD/HR Committee 9/12/06)

At the regularly scheduled meeting of November 6, 2006, Councilmember Young made a motion for Ordinances 06O1923 06-O-1924, 06-O-1925, 06-O-1926 and 06-O-1927 to remain tabled.  It was properly seconded and the motion carried by a roll call vote of 10 yeas; 0 nays.

REMAIN TABLED BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

06-O-1926 ( 4)            An Ordinance by Councilmembers Howard Shook, Jim Maddox, H. Lamar Willis and Ceasar C. Mitchell to provide for the Annexation of land known as the Cascade Glenn to the corporate limits of the City of Atlanta; to provide for the notification of the Department of Community Affairs; and for other purposes.

At the regularly scheduled meeting of November 6, 2006, Councilmember Young made a motion for Ordinances 06O1923 06-O-1924, 06-O-1925, 06-O-1926 and 06-O-1927 to remain tabled.  It was properly seconded and the motion carried by a roll call vote of 10 yeas; 0 nays.

REMAIN TABLED BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

06-O-1927 ( 5)            An Ordinance by Councilmembers Howard Shook, H. Lamar Willis, Jim Maddox and Ceasar C. Mitchell as substituted by Zoning Committee to amend the 1982 Zoning Ordinance of the City of Atlanta, As Amended, so as to create a New Chapter to be entitled, 8B, Fulton County Townhouse Residential; to establish design guidelines for said District; to enact, by reference and incorporation, a Map establishing the boundaries of said District for the Cascade Glenn; to amend the City of Atlanta Zoning Maps; to modify the zoning process for annexations; and for other purposes.

At the regularly scheduled meeting of November 6, 2006, Councilmember Young made a motion for Ordinances 06O1923 06-O-1924, 06-O-1925, 06-O-1926 and 06-O-1927 to remain tabled.  It was properly seconded and the motion carried by a roll call vote of 10 yeas; 0 nays.

REMAIN TABLED BY A ROLL CALL VOTE OF 10 YEAS; 0 NAYS

C O N S E N T      A G E N D A

There will be no separate discussion of these items.  If discussion on any item is desired, the item will be removed from the Consent Agenda and will be considered separately - excerpt from 11.2, Consent Agenda; Rules for the Conduct of Business for the Council of the City of Atlanta.

SECTION I

ORDINANCES FOR SECOND READING

PUBLIC SAFETY AND LEGAL

ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

06-O-2315 ( 1)            An Ordinance by Public Safety and Legal Administration Committee amending the 2006 (Intergovernmental Grant Fund) Budget, Department of Corrections (“Corrections”), by adding to anticipations and appropriations in the amount of $98,723.00 for grant funds from the U.S. Department of Justice (“DOJ”) for the purpose of continuing the “Women for Women” Program at the Atlanta City Detention Center; and for other purposes.

COMMUNITY DEVELOPMENT/

HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR

06O2292( 2)            An Ordinance by Councilmembers Ceasar C. Mitchell, Jim Maddox, H. Lamar Willis, Carla Smith, Clair Muller, Joyce M. Sheperd, Cleta Winslow, Ivory Lee Young, Jr., Kwanza Hall and Mary Norwood creating the City of Atlanta Tax Allocation District Number Seven – Campbellton Road; designating the boundaries of the Campbellton Road Tax Allocation District; establishing the Tax Allocation Increment Base for the Campbellton Road Tax Allocation District; adopting a Redevelopment Plan for the Campbellton Road Tax Allocation District; establishing the intent to issue and sell Tax Allocations Bonds, Notes or other Obligations and/or to otherwise use Tax Allocation Increments to fund Redevelopment costs necessary to effectuate the Redevelopment of the Campbellton Road Tax Allocation District; authorizing Atlanta Development Authority to act as the Redevelopment Agent to implement the Redevelopment Plan pursuant to the Redevelopment Powers Law and the Urban Redevelopment Law; and for other purposes. (Public Hearing held 10/30/06)

06O2290( 3)            An Ordinance by Councilmembers Ceasar C. Mitchell, Jim Maddox, H. Lamar Willis, Carla Smith, Clair Muller, Joyce M. Sheperd, Cleta Winslow, Ivory Lee Young, Jr., Kwanza Hall and Mary Norwood creating the City of Atlanta Tax Allocation District Number Nine – Metropolitan Parkway; designating the boundaries of the Metropolitan Parkway Tax Allocation District; establishing the Tax Allocation Increment Base for the Metropolitan Parkway Tax Allocation District; adopting a Redevelopment Plan for the Metropolitan Parkway Tax Allocation District; establishing the intent to issue and sell Tax Allocations Bonds, Notes or other Obligations and/or to otherwise use Tax Allocation Increments to fund Redevelopment costs necessary to effectuate the Redevelopment of the Metropolitan Parkway Tax Allocation District; authorizing Atlanta Development Authority to act as the Redevelopment Agent to implement the Redevelopment Plan pursuant to the Redevelopment Powers Law and the Urban Redevelopment Law; and for other purposes. (Public Hearing held 10/30/06)

06O2492( 4)            An Ordinance by Councilmembers Jim Maddox, Cleta Winslow, Joyce M. Sheperd, Ivory Lee Young, Jr., Ceasar C. Mitchell, Howard Shook, Carla Smith, Mary Norwood and H. Lamar Willis amending the 2006 (Job Training Fund) Budget, Atlanta Workforce Development Agency (“AWDA”), by adding to anticipations and appropriations in the amount of $264,023.00 in the Workforce Investment Act (“WIA”) Adult Fund, for grant funds from the Georgia Department of Labor (“GDOL”), in order to fund the WIA Adult Fund; and for other purposes.

06O2494( 5)            An Ordinance by Councilmembers Jim Maddox, Cleta Winslow, Joyce M. Sheperd, Ivory Lee Young, Jr., Ceasar C. Mitchell, Carla Smith, Mary Norwood and H. Lamar Willis amending the 2006 (Job Training Fund) Budget, Atlanta Workforce Development Agency (“AWDA”), by adding to anticipations and appropriations in the amount of $227,268.00 in the Workforce Investment Act (“WIA”) Dislocated Worker Fund, for grant funds from the Georgia Department of Labor (“GDOL”), in order to fund the Dislocated Workers Fund; and for other purposes.

TRANSPORTATION COMMITTEE - CLAIR MULLER, CHAIR

06O2228( 6)            An Ordinance by City Utilities Committee as substituted by Transportation Committee amending the 2006 (Intergovernmental Grant Fund) Budget, adding funds to Anticipations and Appropriations in the amount of $192,408.00, on behalf of the Department of Public Works, for the purpose of funding upgrades to traffic signal control equipment at twenty-four (24) intersections in the City of Atlanta; and for other purposes.

06O2489( 7)            An Ordinance by Councilmember Clair Muller to amend the 2006/2007 (Airport Renewal and Extension Fund, Airport Passenger Facility Charge Fund, Airport Facility Revenue Bond Construction Fund-Series 1994B, 2000 Bond Fund, CONRAC Customer Service Facility Charge Fund, and 2006 Airport CONRAC Bond Fund) Budgets by transferring to and from appropriations, the amount of $32,780,270.00 for the purpose of funding Airport expenditures related to the Annual Consultant Contracts for Program Management, Construction Management and Airport Master Plan Team Services in the Hartsfield-Jackson Development Program; and for other purposes.

FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR

06O2216( 8)            A Substitute Ordinance by Finance/Executive Committee to repeal Part Two, Article X, Division 12 of the Code of Ordinances of the City of Atlanta so as to enact a new Part Two, Article X, Division 12, known as “The Equal Business Opportunity Program” for a five-year period; consistent with certain findings based on the Equal Business Opportunity Disparity Study and Legal Analysis Report and other data relative to the Business Opportunities available to Minority and Female-Owned Businesses in the Atlanta Region; to repeal conflicting ordinances; and for other purposes. 

06O2217( 9)            An Ordinance by Finance/Executive Committee to enact a new section to Part Two, Article X, Division 12, known as “The Vendor Relations Ordinances”; to allow the City of Atlanta to maintain data on the performance of Contractors and Vendors in order to ensure that purchases are made from and contracts are awarded to, responsible contractors only; to require vendors and contractors to file a vendor information questionnaire; to repeal conflicting ordinances; and for other purposes. 

06O2218(10)           A Substitute Ordinance by Finance/Executive Committee to repeal Part Two, Article X, Division 9 known as “The Assistance to Small and Disadvantaged Businesses; Equal Employment Opportunity in Purchasing and Contracting” of the Code of Ordinances of the City of Atlanta so as to enact a New Part Two, Article X, Division 9, known as “The Small Business Enterprise Opportunity Program”; to promote the economic welfare of the people of the City of Atlanta; to promote full and equal business opportunity for all persons doing business with the City of Atlanta; to promote commerce by assisting Small Business Enterprises (SBE’s) to actively participate in the City of Atlanta’s Procurement process; to repeal conflicting ordinances; and for other purposes. 

06O2277(11)           An Ordinance by Councilmember Cleta Winslow as substituted by Finance/Executive Committee anticipating and appropriating Bond proceeds in the amount of $52,430,619.00 from the Atlanta Public Safety and Judicial Facilities Authority Revenue Bonds (Public Safety Facility Project), Series 2006 to fund the construction of the Public Safety Headquarters Facility; and for other purposes. 

06O2362(12)           An Ordinance by Finance/Executive Committee to amend the Pension Acts applicable to the City of Atlanta, Georgia, so that recruits of the City of Atlanta Department of Fire and Rescue and Department of Police are ineligible to participate in the General Employees Pension Plan; and for other purposes.

06O2375(13)           An Ordinance by Finance/Executive Committee authorizing the City of Atlanta to waive the Competitive Procurement Provisions contained in Article X, Procurement and Real Estate Code, of the City of Atlanta Code of Ordinances, authorizing the Mayor to execute Renewal Agreement No. 2 with Precision 2000, Inc., for FC-7573-03C, Annual Contract for sidewalks, driveways and curbs, on behalf of the Department of Public Works, with no additional funding required; and for other purposes.

06O2376(14)           A Substitute Ordinance as amended by Finance/Executive Committee authorizing the Mayor, on behalf of the City of Atlanta, (“City”), to negotiate for and purchase approximately 9.789 acres of property located at 1090 North West Lois Street (“The Property”), from the Trust for Public Land (“TPL”), in an amount not to exceed $5,750,000.00, for the purpose of expanding the proposed Westside Park adjacent to the proposed BeltLine.  The City’s purchase price, due diligence and purchase services shall be paid from Fund, Account and Center Number: 1C53 (2005A Park Improvement Bond), 571001 (Land) N12D11B69999 (City-Wide Ground and Site Improvements); and for other purposes.

06O2377(15)           A Substitute Ordinance as amended by Finance/Executive Committee authorizing the Mayor, on behalf of the City of Atlanta, (“City”), to negotiate for and purchase two parcels of property, one located at 526 Lynnhaven Drive, from Roderick L. Whittaker and the other adjacent vacant lot, located at Lynnhaven Drive, from Bennie E. Goodwin II (“The properties”), for the purpose of constructing a new entrance to the Emma Millican Park (“Park”), in an amount not to exceed $250,000.00.  The City’s purchase price, closing costs, due diligence, demolition and development, and signage for the new entry-way to the Park, shall be paid from Quality of Life District 12 Fund, Account and Center Number: 1C50 574001 Y63F063492BH; and for other purposes.

06O2465(16)           An Ordinance by Councilmember Ivory Lee Young, Jr., as substituted by Finance/Executive Committee authorizing the Chief Financial Officer to amend the 2006-2007 (Trust Fund) Budget, in the amount of $14,010.00 by transferring surplus funds from 3P02 (Trust Fund) 729002 (Service Grant Expenses) D25R1017QNA0 (Flood Relief – Hurricane Isidore 9/20-22/02) to 3P02 (Trust Fund) 729002 (Service Grant Expenses) C21R0732QNA0 (District 3 Holiday Family Assistance Initiative), to provide Holiday Family Assistance; and for other purposes. 

06O2467(17)           An Ordinance by Councilmember Carla Smith as substituted and amended by Finance/Executive Committee authorizing the Mayor, on behalf of the Department of Parks, Recreation and Cultural Affairs, to negotiate for and purchase approximately 1.55 acres at 540 Englewood Avenue (“The Property”) from the Trust for Public Land in an amount not to exceed $625,000.00.  The City of Atlanta’s (“City”) Purchase Price, Due Diligence and Purchase Services shall be paid from Fund, Account and Center Number: 1C53 (2005A Park Improvement Bond Fund) 571001 (Land) N12D11B69999 (City Wide Ground and Site Improvements); and for other purposes.

06O2480(18)           An Ordinance by Councilmembers Cleta Winslow and Jim Maddox amending the 2007 (Airport Renewal & Extension Fund) Budget by transferring to and from appropriations, the amount of $5,000,000.00 funding the City of Atlanta’s existing Retainer Agreement with the Law Firms of Kilpatrick Stockton, LLC and Johnson & Freeman, LLC that provide for the continued service as Outside Counsel to the City in connection with contract matters, claims, litigation, settlements and construction issues to Hartsfield-Jackson Atlanta International Airport; and for other purposes.

06O2493(19)           An Ordinance by Councilmembers Jim Maddox, Joyce M. Sheperd, Carla Smith, Ivory Lee Young, Jr., Cleta Winslow, Mary Norwood , Ceasar M. Mitchell and H. Lamar Willis as substituted and amended by Finance/Executive Committee instituting the implementation of Interim Controls directing that the Bureau of Planning accept no applications for subdivision, rezoning or special permits and the Bureau of Buildings accept no applications for Building Permits concerning any parcel which is included in the area to be rezoned with the BeltLine Overlay Zoning Regulations, as that area is more particularly described in the Ordinance authorizing such rezoning, until March 6, 2007, unless the applicant agrees to conform to the proposed BeltLine Overlay Zoning Regulations and proposed amendment to the Comprehensive Development Plan; and for other purposes.

06O2497(20)           An Ordinance by Councilmember Carla Smith as substituted and amended by Finance/Executive Committee authorizing the Mayor, on behalf of the City of Atlanta (“City”), to negotiate for and purchase approximately 2.36 acres of property along Weyman Avenue, Haygood Avenue, and Hank Aaron Drive (“The Property”), from the Trust for Public Land (“TPL”), in an amount not to exceed $2,228,000.00, for the purpose of expanding the existing Four Corners Park.  The City’s Purchase Price, Due Diligence and Purchase Services shall be paid from Fund, Account, and Center Number; 1C53 (2005A Park Improvement Bond), 571001 (Land) N12D11B69999 (City Wide Ground and Site Improvements); and for other purposes.

CITY UTILITIES COMMITTEE - CEASAR C. MITCHELL, CHAIR

06O2471(21)           An Ordinance by Councilmember Howard Shook 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-06-45 (588 Loridans Drive, NW) applicant deposit a dollar amount ($4,120.00) equal to the value of the required Fund Account for District 7; and for other purposes.

06O2481(22)           An Ordinance by Councilmember Joyce M. Sheperd 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-05-90 (2500 & 2506 Perkerson Road, SW) applicant deposit a dollar amount ($3,400.00) equal to the value of the required Fund Account for District 12; and for other purposes.

06O2487(23)           An Ordinance by Councilmember Clair Muller as amended by City Utilities Committee 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-06-22 (601 Peachtree Battle Ave., NW sidewalk installation only) applicant deposit a dollar amount ($18,207.00) equal to the value of the required Fund Account for District 8; and for other purposes.

RESOLUTIONS

PUBLIC SAFETY AND LEGAL

ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

06R2425( 1)            A Resolution by Public Safety and Legal Administration Committee authorizing the City Attorney to enter into a settlement with a condemnee in the matter of The City of Atlanta vs. Vickie B. Jackson, Civil Action File No. 2005-CV-108929, in the Superior Court of Fulton County, Georgia, in an amount not to exceed $230,000.00.  All payments to be paid from Fund, Account and Center Number:  2J28 571001 Q38I02669999; and for other purposes.

COMMUNITY DEVELOPMENT/

HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR

06R2143( 2)            A Resolution by Councilmember Joyce Sheperd as amended by Community Development/Human Resources Committee authorizing the creation of a Fort McPherson Citizen Advisory Group; and for other purposes.

06R2408( 3)            A Resolution by Community Development/Human Resources Committee authorizing the Mayor, on behalf of the Department of Parks, Recreation, and Cultural Affairs (“Department”), to accept the Morningside Nature Preserve Master Plan (“Master Plan”), as prepared by the Morningside Nature Preserve Steering Committee (“Steering Committee”), for the purpose of guiding the future development and management of the Morningside Nature Preserve (“Nature Preserve”); and for other purposes.

06R2470( 4)            A Resolution by Councilmembers Carla Smith and Natalyn Archibong as substituted by Community Development/Human Resources Committee authorizing the Mayor to apply for a Livable Communities Initiative (LCI) Grant from the Atlanta Regional commission (“ARC”), in an amount not to exceed $120,000.00 in order to conduct a LCI Study for the Moreland South Avenue Corridor Study; and for other purposes. 

06R2500( 5)            A Resolution by Community Development/Human Resources

***      Committee to direct the Municipal Clerk to advertise the date of the City Council meeting at which the adoption of the Metropolitan Parkway Redevelopment Plan and creation of Tax Allocation District Number Nine – Metropolitan Parkway will be considered; and for other purposes.

06R2501( 6)            A Resolution by Community Development/Human Resources

***      Committee to direct the Municipal Clerk to advertise the date of the City Council meeting at which the adoption of the Campbellton Road Redevelopment Plan and creation of Tax Allocation District Number Seven – Campbellton Road will be considered; and for other purposes.

TRANSPORTATION COMMITTEE - CLAIR MULLER, CHAIR

06R2371( 7)            An Amended Resolution by Transportation Committee authorizing certain approvals and an increase in the Project Budget to an amount not to exceed $235,603,187.00 for Project Number 3004007808, Consolidated Rental Car Facility Construction Manager At Risk With Austin Commercial, LP/PRAD Group, Joint Venture (Austin/PRAD), on behalf of the Department of Aviation at Hartsfield-Jackson Atlanta International Airport; and for other purposes.

06R2394( 8)            A Resolution by Transportation Committee authorizing the Mayor to enter into a Project Management Agreement with the Downtown Community Improvement District for the Fairlie-Poplar Historic District Streetscape Project, Georgia Department of Transportation P.I. 0008131, on behalf of the Department of Public Works; and for other purposes.

06R2399( 9)            A Resolution by Transportation Committee authorizing the Mayor to execute Lease No. DTFASO-05L0014 with the Federal Aviation Administration (“FAA”), covering approximately 133 square feet of land for the installation and operation of Airport Surface Detection Equipment Remote Unit #9 at the Hartsfield-Jackson Atlanta International Airport; and for other purposes.

06-R-2400 (10)           A Resolution by Transportation Committee authorizing the Mayor to execute Amendment No.2 to the Lease Agreement with AirTran Airways, Inc., for Aircraft Maintenance Hangar Facility, to provide for use of approximately 40,801 square feet of space at the City Blast Pad at the Hartsfield-Jackson Atlanta International Airport during the hours of 2200 and 0700 daily; and for other purposes.

06R2401(11)           A Resolution by Transportation Committee authorizing the Aviation General Manager  to Issue Work Authorization No. 2 to Harper Partners, Inc., for FC-7370-01E, Architectural and Engineering Design Support Services, for Professional Architectural and Engineering Design of the Central Terminal Passenger Complex (CPTC) Renovations and Expansion Project at Hartsfield-Jackson Atlanta International Airport, in an amount not to exceed $2,500,000.00; all contracted work will be charged to and paid from Fund, Account and Center Number 2H32 (2004 Airport Revenue Bond Fund: F, G, I) 524001 (Consultants Professional Services) R21E102093CQ (Capital Design & MGMT/Design); and for other purposes.

FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR

06R2374(12)           A Substitute Resolution by Finance/Executive Committee authorizing the Mayor to enter into Amendment Agreement No. 1 with Dothan Security, Inc., for FC-6005007888B, Citywide Security Guard Services, on behalf of the Office of General Services, in an amount not to exceed $1,444,942.00; all contracted work shall be charged to and paid from Fund, Account and Center Numbers: 2J01 (Revenue Fund) 523001 (Service/Repair/Maintenance) Q63001 (Operations) ($678,160.00); 2J01 (Revenue Fund) 523001 (Service/Repair Maintenance) Q33001 (Utoy Creek) ($124,148.00); 2J01 (Revenue Fund) 523001 (Service/Repair/Maintenance) Q36001 (Intrenchment Creek) ($93,718.00); 2J01 Revenue Fund) 523001 (Service/Repair/Maintenance) Q35001 (South River) ($93,718.00); 2J01 (Revenue Fund) 523001 (Service/Repair/Maintenance) Q38001 (Englewood) ($209,566.00); 2J01 (Revenue Fund) 523001 (Service/Repair/Maintenance) Q32001 (R.M. Clayton) ($220,632.00); 2J01 (Revenue Fund) 523001 (Service/Repair/Maintenance) Q12001 (Security) ($25,000.00); and for other purposes.

06R2405(13)           An Amended Resolution by Finance/Executive Committee urging the 2007 Georgia General Assembly to support the City of Atlanta’s 2007 Legislative Package.

06R2406(14)           A Substitute Resolution by Finance/Executive Committee authorizing the Mayor to enter into Renewal and Amendment Agreement No. 1 with Johnson Controls, Inc., for FC-7657-04, Service, Repair and Maintenance to Heating, Ventilation and Air Conditioning (HVAC) Systems, on behalf of the Office of General Services, in an amount not to exceed $2,140,880.88; all contracted work shall be charged to and paid from the Fund, Account and Center Numbers listed herein; and for other purposes.

06R2410(15)           A Resolution by Finance/Executive Committee authorizing the Mayor to enter into Renewal Agreement No. 1 with DPS-Infrastructure Monitoring Systems, Inc.  For FC-6005007979, Operation and Maintenance Service for the Hemphill Pumping Station, on behalf of the Department of Watershed Management, in an amount not to exceed $1,900,000.00; all contracted work will be charged to and paid from Fund, Account and Center Number 2J01 (Water & Wastewater Revenue Fund) 523001 (Serv/Repair/Maint Cont.) Q63401 (System Control Center); and for other purposes

06R2479(16)           A Resolution by Councilmembers Cleta Winslow and Jim Maddox authorizing the City Attorney to continue to retain the Law Firms of Kilpatrick Stockton, LLC and Johnson & Freeman, LLC to provide for the continued service of Outside Counsel to the City of Atlanta in connection with contract matters, construction management issues, infrastructure, Telecommunications and environmental issues, litigation matters, and other matters concerning Hartsfield-Jackson Atlanta International Airport and the Department of Aviation; to authorize expenditures for that purpose in an amount not to exceed $5,000,000.00, to be funded out of Fund, Account and Center Number 2H21 (Airport Renewal & Extension Fund) 524001 (Consultant/Professional Service) H11001 (City Attorney); and for other purposes.

06R2483(17)           A Resolution by Councilmember Ceasar C. Mitchell authorizing the Mayor, on behalf of the City of Atlanta (“City”), to quitclaim to the Atlanta Board of Education various school properties located in various Land Lots and Districts of Fulton County, Georgia; and for other purposes.

CITY UTILITIES COMMITTEE - CEASAR C. MITCHELL, CHAIR

06R2411(18)           A Resolution by City Utilities Committee authorizing the Mayor or designee to issue a Notice-to-Proceed with ATC Associates, Inc./Corporate Environmental Risk Management, JV, for FC-7449-02A, Citywide Annual Contract for Geotechnical and Environmental Engineering, Testing and Investigation Services for Sanitary Sewer Rehabilitation Program, on behalf of the Department of Watershed Management, in an amount not to exceed $2,182,708.00; all contracted work will be charged to and paid from Fund, Account and Center Number:  2J28 (2004 Water & Wastewater Bond Fund) 524001 (Consultant/Prof. Services) Q38I02739999 (Sewer Group I Rehabilitation); and for other purposes.

06R2412(19)           A Resolution by City Utilities Committee authorizing the Mayor or designee to issue a Notice-to-Proceed with United Consulting, for FC-7449-02B, Citywide Annual Contract for Geotechnical and Environmental Engineering, Testing and Investigation Services for Sanitary Sewer Rehabilitation Program, on behalf of the Department of Watershed Management, in an amount not to exceed $2,326,956.00; all contracted work will be charged to and paid from Fund, Account and Center Number:  2J27 (2001 Water & Wastewater Bond Fund) 524001 (Consultant/Prof. Services) Q38I02739999 (Sewer Group I Rehabilitation); and for other purposes.

06R2413(20)           A Resolution by City Utilities Committee authorizing the Mayor to enter into Amendment Agreement No. 2 with Jordan, Jones & Goulding, Inc./Delon Hampton & Associates, Chartered Engineers/Hatch Mott-MacDonald, Inc.- JV, for FC-7488-02, Engineering Design Services for Combined Sewer Overflow (“CSO”) Storage Tunnel Facilities West Area, on behalf of the Department of Watershed Management, in an amount not to exceed $7,217,117.00; all contracted work will be charged to and paid from Fund, Account and Center Number:  2J21 (Water & Wastewater Renewal & Extension) 524001 (Consultant/Professional Services) Q38I026794DA (CSO-West Tunnels); and for other purposes.

06R2414(21)           A Resolution by City Utilities Committee authorizing the Mayor to execute Renewal Agreement No. 2 with Rockdale Pipeline, Inc./Integral Municipal Services, Inc., a Joint Venture, for FC-7712-04A, Annual Pipelaying Services, on behalf of the Department of Watershed Management, in an amount not to exceed $5,500,000.00;  all contracted work will be charged to and paid from Fund, Account and Center Number:  2J28 (2004 Water & Wastewater Bond Fund) 574001 (Facilities other than Buildings) Q65J08039999 (Water Mains, Various Locations); and for other purposes.

06R2415(22)           A Resolution by City Utilities Committee authorizing the Mayor to execute an Intergovernmental Cost Sharing Agreement for Technical Assistance regarding water supply between the City of Atlanta, Cobb County-Marietta  Water Authority, Dekalb County and the Atlanta-Fulton County Water Resources Commission (Collectively “Participants”), and the Atlanta Regional Commission (“ARC”) to fund work in furtherance of the Regional Technical efforts related to water supply on behalf of the Department of Watershed Management in an amount not to exceed $1,800,000.00; all contracted work for the base year will not exceed $600,000.00; all contracted work will be charged to and paid from Various Fund, Account and Center Numbers; and for other purposes.

06R2416(23)           A Resolution by City Utilities Committee authorizing the Mayor to enter into an Agreement with Electrical Testing, Inc., for FC-6006007923, Annual Contract for Electrical Testing and Inspection Services, on behalf of the Department of Watershed Management, in an amount not to exceed $343,980.00; all contracted work will be charged to and paid from Fund, Account and Center Number:  2J01 (Water & Wastewater Revenue Fund) 523001 (Serv/Repair/Maint Cont.) Q64001 (Plant Maintenance); and for other purposes.

06R2417(24)           A Resolution by City Utilities Committee authorizing the Mayor to enter into Renewal Agreement No. 1 with Player and Company, for FC-6004007825, Annual Contract for Major Electrical Repairs, on behalf of the Department of Watershed Management, in an amount not to exceed $500,000.00; all contracted work will be charged to and paid from Fund, Account and Center Number:  2J01 (Water & Wastewater Revenue Fund) 523001 (Serv/Repair/Maint Cont.) Q64001 (Plant Maintenance); and for other purposes.

06R2418(25)           A Resolution by City Utilities Committee authorizing the Mayor to enter into Renewal Agreement No. 1 with Player and Company, for FC-6004007826, Annual Contract for Major Mechanical Repairs, on behalf of the Department of Watershed Management, in an amount not to exceed $700,000.00; all contracted work will be charged to and paid from Fund, Account and Center Number:  2J01 (Water & Wastewater Revenue Fund) 523001 (Serv/Repair/Maint Cont.) Q64001 (Plant Maintenance); and for other purposes.

06R2419(26)           A Resolution by City Utilities Committee authorizing the Mayor or designee to encumber Phase Three (3) funding in the amount of $30,580,426.05 for the agreement with Ruby-Collins/Reynold/EPR, a Joint Venture, for FC-3005007844, Greensferry Combined Sewer Basin Project, on behalf of the Department of Watershed Management; all contracted work will be charged to and paid from Various Fund, Account and Center Numbers; and for other purposes.

06R2420(27)           A Substitute Resolution by City Utilities Committee authorizing the Mayor or designee to encumber Phase Four (4) funding in the amount of $35,062,764.00 for the agreement with Atlanta CSO Constructor, JV, for FC-7646-03, West Area CSO Storage Tunnel and Pumping Station, on behalf of the Department of Watershed Management; all contracted work will be charged to and paid from Various Fund, Account and Center Numbers; and for other purposes.

06R2421(28)           An Amended Resolution by City Utilities Committee authorizing the Mayor to enter into an agreement with American Water Services Underground Infrastructure, Inc. for FC-3006007919, Annual Contract for Sewer Group One Rehabilitation Phase 1 Cured-in-Place-Pipe-Contract A, on behalf of the Department of Watershed Management, in an amount not to exceed $5,008,207.40; all contracted work will be charged to and paid from Fund, Account and Center Number:  2J28 (2004 Water & Wastewater Bond Fund) 574001 (Facilities other than Buildings) Q38I02739999 (Sewer Group I Rehabilitation); and for other purposes.

06R2422(29)           An Amended Resolution by City Utilities Committee authorizing the Mayor to enter into an agreement with American Water Services Underground Infrastructure, Inc., for FC-3006007920, Annual Contract for Sewer Group One Rehabilitation Phase 1 Cured-in-Place-Pipe-Contract B, on behalf of the Department of Watershed Management, in an amount not to exceed $5,579,425.56; all contracted work will be charged to and paid from Fund, Account and Center Number:  2J28 (2004 Water & Wastewater Bond Fund) 574001 (Facilities other than Buildings) Q38I02739999 (Sewer Group I Rehabilitation); and for other purposes.

06R2423(30)           A Resolution by City Utilities Committee authorizing the Mayor or designee to encumber Phase Three (3) funding in the amount of $46,094,244.89 for the agreement with Rockdale Pipeline, Inc./Integral Municipal Services, Inc., a Joint Venture, for FC-3005007840, McDaniel Combined Sewer Basin Project, on behalf of the Department of Watershed Management; all contracted work shall be charged to and paid from Various Fund, Account and Center Numbers; and for other purposes.

06R2424(31)           A Resolution by City Utilities Committee authorizing the Mayor or designee to encumber Phase Three (3) funding in the amount of $31,287,578.19 for the agreement with Ruby-Collins/Reynold/EPR, a Joint Venture, for FC-3005007843, Stockade Combined Sewer Basin Project, on behalf of the Department of Watershed Management; all contracted work will be charged to and paid from Various Fund, Account and Center Numbers; and for other purposes.

PUBLIC SAFETY AND LEGAL

ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

Claims with favorable recommendations:

06R2426( 1)            Claim of Howard and Manie Baugh for property damages alleged to have been sustained during back-yard trash services from 1999 through June 2003 at 777 Shorter Terrace, NW.    $3,000.00

06R2427( 2)            Claim of Stephanie Davis, for damages alleged to have been sustained when a water line was ruptured due to a water main break January 24, 2006 at 1043 Maryland Avenue, NE.  $1,800.00

06R2428( 3)            Claim of Willie Mae Dunn, for vehicular damages alleged to have been sustained from an automobile incident on August 7, 2006 at 2100 Forest Park Road. $1,407.86

06R2429( 4)            Claim of Steven H. Austin, through his attorney, Franklin R. Evans, for damages alleged to have been sustained as a result of an automobile accident on May 7, 2006 at Cheshire Bridge Road, NE and Piedmont.            $4,500.00

06R2430( 5)            Claim of BellSouth, for vehicle damages alleged to have been sustained as a result of a severed pair cable on October 11, 2005 at 3021 Piedmont Road.    $2,998.09

06R2431( 6)            Claim of Michelinea Thomas, for vehicular damages alleged to have been sustained from an automobile accident on May 20, 2006 at 675 Ponce de Leon Avenue, NE.       $1,472.84

06R2432( 7)            Claim of Joyce Diane McKinney, for damages alleged to have been sustained as a result of a vehicular accident on August 22, 2006 at the intersection of Winton Terrace, NE and Glen Iris Drive, NE.         $1,882.19

06R2437( 8)            Claim of Mr. & Mrs. David Farabaugh, for damages alleged to have been sustained from a combined sanitary and storm water overflow on July 6, 2005 at 936 Austin Avenue.      $1,075.00

Claims with unfavorable recommendations:

06R2433( 9)            Claim of Betterway Leasing, LLC, for damages alleged to have been sustained as a result of a vehicular incident on February 13, 2006 at 675 Ponce de Leon Avenue.

06R2434(10)           Claim of Scott Callaway, for property damages alleged to have been sustained when tree roots were damaged due to a storm sewer excavation project in February 2000 at 765 Greenview Avenue.

06R2435(11)           Claim of Michael Simmons, as Administrator of the Estate of Glen Mitchell, through his attorney, Lamonte E. Scott, for damages alleged to have been sustained as a result of a vehicular accident of February 20, 2006 at the intersection of Martin Luther King, Jr. Drive and Central Avenue.

06R2436(12)           Claim of State Farm Mutual Automobile Insurance Company, through its attorney’s office, Morgan & Pottinger, for damages alleged to have been sustained as a result of an automobile accident on March 9, 2005 at 830 West View Drive.

06R2438(13)           Claim of Leslie M. Milinkovic, for damages alleged to have been sustained during the installation of a sidewalk on May 31, 2006 on Peachtree Dunwoody Road.

06R2439(14)           Claim of Camp Creek Investment Venture Limited, through its attorney, Stewart Teague, Esq., Brockman & Teague, LLC, for property damages alleged to have been sustained from storm water overflow on a continuous basis at 3200 Stone Road, SW.

06R2440(15)           Claim of Tara Taylor, for property damages alleged to have been sustained from driving over a defective sanitary sewer on September 11, 2005 at 912 West Moreland Circle.

06R2441(16)           Claim of Patricia Tauber, for damages alleged to have been sustained as a result of a rock thrown from a City vehicle on April 15, 2005 at Interstate 75 North at 216 exit.

06R2442(17)           Claim of Habersham Manor Condominium Board of Directors c/o W. Frank Ward, for damages alleged to have been sustained as a result of a sewer back-up on March 21, 2005 at 3576 Roswell Road, NW.

06R2443(18)           Claim of BellSouth, for damages alleged to have been sustained during a water meter installation on February 16, 2006 at 101 Prestmoor Court.

06R2444(19)           Claim of BellSouth, for damages alleged to have been sustained during a water meter installation on February 16, 2006 at 101 Prestmoor Court.

06R2445(20)           Claim of Paul Ezimora, for damages alleged to have been sustained as a result of a water meter malfunction on January 1, 2004 at 5672 Feldwood Road.

06R2446(21)           Claim of Shirley A. Williams, for damages alleged to have been sustained due to the shutting off of and turning on of the water main on October 27, 2005 at 1680 Ryland Trail, SW.

06R2447(22)           Claim of Rosemary Lamb, as Administrator of the Estate of John E. Lamb, deceased, through her attorney, Richard W. Hendrix, Esq., Finch McCraine, LLP, for damages alleged to have been sustained when the claimant’s son was fatally injured after a bicycle incident on February 15, 2006 at Peachtree Road, NE and Peachtree Battle Avenue, NE.

06R2448(23)           Claim of Robert J. Harper, through his attorney, Mary J. Huber, for damages alleged to have been sustained as a result of expenses of litigation and attorneys fees on September 5, 2006.

06R2450(24)           Claim of Fulton County District Attorney, through his attorney, Willie J. Lovett, Jr., for damages alleged to have been sustained as a result of not properly distributing monies to fund the Fulton County Victim Assistance Program.

06R2451(25)           Claim of Early Bursey, through his attorney, John Slater, The Barnes Law Group, for damages alleged to have been sustained as a result of personal injuries on August 5, 2006 at the Hartsfield-Jackson Atlanta International Airport.

06R2452(26)           Claim of Darlene Albert, for damages alleged to have been sustained as a result of a slip and fall on June 16, 2006 at 395 Piedmont Avenue, NE.

06R2453(27)           Claim of Joan Eckweiler and Tom Eckweiler, through their attorney, David E. Leach, Esq., Cramer, Smith & Leach, P. C., for bodily injuries alleged to have been sustained from a fall while riding the train on April 1, 2006 at 6000 North Terminal Parkway.

06R2454(28)           Claim of Chante’ Wyatt, for damages alleged to have been sustained as a result of a sewer backup on June 26, 2006 at 720 Parson Street.

06R2455(29)           Claim of Marcus Dixon, for damages alleged to have been sustained as a result of a sewer backup on June 26, 2006 at 720 Parson Street.

06R2456(30)           Claim of Sharps & Associates, PSC, on behalf of American Modern Home Insurance Company, as subrogee of insured, Joseph Schlais, for damages alleged to have been sustained when personal equipment was stolen on July 6, 2006 at 3400 Stratford Road, NE.

06R2457(31)           Claim of A. Summey Orr, III, for damages alleged to have been sustained during the installation of a sidewalk on May 14, 2006 on Peachtree Dunwoody Road.

06R2458(32)           Claim of Annette Stembridge, for damages alleged to have been sustained as a result of her trash can being destroyed during a sanitation pick-up on September 11, 2006 at 797 Plainville Terrace.

06R2459(33)           Claim of Claude W. Biddy, Jr., through his attorney, Dustin S. Taps, for damages alleged to have been sustained as a result of an automobile accident on December 31, 2005 at West Marietta Boulevard and Marietta Street.

06R2460(34)           Claim of Richard Holmes, through his attorney, Linley Jones, for damages alleged to have been sustained as a result of civil rights violations on January 25, 2006 at 303 Peachtree Center Avenue.

06R2461(35)           Claim of Barbara A. Jackson, for damages alleged to have been sustained as a result of a slip and fall incident on a water meter lid on July 2, 2006 at 2254 Cascade Road.

CONSENT AGENDA SECTION II

ORDINANCES FOR FIRST READING

TRANSPORTATION COMMITTEE - CLAIR MULLER, CHAIR

06O2393( 1)            An Ordinance by Transportation Committee amending Atlanta City Code Section 22-87(b) so as to increase the Non-Signatory Landing Fee Rate from $.95 to $1.52 per 1,000 pounds maximum certified gross landing weight of any aircraft operating at Hartsfield-Jackson Atlanta International Airport which is not covered by an Airport Use License Agreement with the City of Atlanta; and for other purposes.

TO BE REFERRED TO TRANSPORTATION COMMITTEE

FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR

06O2403( 2)            An Ordinance by Finance/Executive Committee authorizing the Mayor, on behalf of the City of Atlanta (“City”), to negotiate for and purchase approximately 14.98 acres of property located at 480 South East Englewood Avenue and at 1179 South East Boulevard (“The Property”), from the Trust for Public Land (“TPL”), in an amount not to exceed $6,215,000.00, for the purpose of creating a new Park.  The City’s purchase price, due diligence and purchase services shall be paid from Fund, Account, and Center Number: 1C53 (2005A Park Improvement Bond), 571001 (Land) N12D11B69999 (City Wide Ground and Site Improvements); and for other purposes.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE

06O2404( 3)            An Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer to pay all outstanding invoices to Georgia Paving, Inc. for FC-7294-00, Annual Contract for Speed Humps, on behalf of the Department of Public Works in an amount not to exceed $175,000.00; all contracted work to be charged to and paid from Fund, Account and Center numbers 1C50 (2004 Quality of Life Fund) 574001 (Facilities other than Buildings) M65G014692BH (Speed Hump Installations, District 1), 1C50 (2004 Quality of Life Fund) 574001 (Facilities other than Buildings) M65G015092BH (Speed Hump Installations, District 5), 1C50 (2004 Quality of Life Fund) 574001 (Facilities other than Buildings) M65G015192BH (Speed Hump Installations, District 6), 1C50 (2004 Quality of Life Fund) 574001 (Facilities other than Buildings) M65G015292BH (Speed Hump Installations, District 7), 1C50 (2004 Quality of Life Fund) 574001 (Facilities other than Buildings) M65G015392BH (Speed Hump Installations, District 8), 1C50 (2004 Quality of Life Fund) 574001 (Facilities other than Buildings) M65G015492BH (Speed Hump Installations, District 9), 1C50 (2004 Quality of Life Fund) 574001 (Facilities other than Buildings) M65G015592BH (Speed Hump Installations, District 10), 1C50 (2004 Quality of Life Fund) 574001 (Facilities other than Buildings) M65G015692BH (Speed Hump Installations, District 11), 1C50 (2004 Quality of Life Fund) 574001 (Facilities other than Buildings) M65G015792BH (Speed Hump Installations, District 12); and for other purposes.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE

CITY UTILITIES COMMITTEE - CEASAR C. MITCHELL, CHAIR

06O2409( 4)            An Ordinance by City Utilities Committee authorizing the Chief Financial Officer to amend the Fiscal Year 2007 (Water and Wastewater Revenue Fund) Budget, on behalf of the Department of Watershed Management, in the amount of $1,500,000.00 to transfer funds from the Designated Reserves for Appropriations for the Flow Measurement in Combined Sewers and Separate Sanitary Sewers Project; and for other purposes.

TO BE REFERRED TO CITY UTILITIES COMMITTEE

06O2502( 5)            An Ordinance by City Utilities Committee to abandon a

***      portion of Canterbury Road, NE located between Pinetree Road and Dead-End of Canterbury Road consisting of 0.5062 acre, more or less and being more specifically described in the attached Exhibit “A” lying and being in Land Lot 47 of the 17^th District, Fulton County, Georgia; and for other purposes. (Advertised for a Public Hearing 11/28/06 at 9:30 a.m.)

TO BE REFERRED TO CITY UTILITIES COMMITTEE

ZONING COMMITTEE                                                                     CARLA SMITH, CHAIR

ORDINANCE FOR SECOND READING

06O1805( 1)            Z-06-86           An Amended Ordinance by Zoning Committee to rezone from the I-2 (Heavy Industrial) District to the MR-4A (Multi-Family Residential) District, property located at 1246 Allene Avenue, SW, fronting approximately 300 feet on the east side of Allene Avenue, beginning approximately 228 feet from the northeast corner of Erin Avenue.

Depth:  Varies

Area:                Approximately 8.93 Acres

Land Lot:         105, 14^th District, Fulton County, Georgia

Owner: Allene Avenue Redevelopment, LLC

Applicant:         Allene Avenue Redevelopment, LLC

NPU-X                                                Council District 12

FAVORABLE AS AMENDED

PAPERS HELD IN COMMITTEE

06O0038( 1)            Z-05-56           An Ordinance by Councilmember Carla Smith to amend Various Sections of the Zoning Code of the City of Atlanta, for the purpose of clarifying and/or defining certain terms related to Supportive Housing; to provide how applications for such uses are to be processed; defining the term Community Center and removing certain redundant terms related to such use; redefining the conditions under which dormitories, Sorority Houses and Fraternity Houses are permitted; deleting rooming houses and boarding houses as permitted uses in certain districts; and for other purposes.  (Held 2/1/06 for further review)

06O0273( 2)            An Ordinance by Councilmembers Carla Smith, Ivory Lee Young, Jr. and Cleta Winslow correcting Ordinance Number 04O0179Z-04-24 which amended Section 16-29.001(16) “Human Services” including Personal Care Homes, Rehabilitation Centers and Nursing Homes by clarifying and/or redefining certain terms; and for other purposes.  (Held 2/1/06 for further review)

06O0286( 3)            Z-06-05           An Ordinance by Zoning Committee to rezone from the RG-4-C-HBS (Residential General-Sector 4 Conditional-Historic Building/Site) and RG-4-C (Residential General-Sector 4-Conditional) Districts, to the RG-4-C (Residential General-Sector 4-Conditional) District, property located at 2494 and 2510 Peachtree Road (a.k.a. 2500 Peachtree Road), NE, fronting approximately 387.76 feet on the west side of Peachtree Road, beginning 400 feet from the

southwest corner of Muscogee Avenue and Peachtree Road. (Held 3/29/06 for further review)

Depth:  Varies

Area:                Approximately 3.086 Acres

Land Lot:         112, 17^th District, Fulton County, Georgia

Owner: 2500 Peachtree Condominium Association, Inc.

Applicant:         2500 Peachtree Condominium Association, Inc.

NPU-C                                                Council District 8

06O0007( 4)            Z-05-65           An Ordinance by Councilmember Carla Smith as amended by Zoning Committee to rezone the portion of the property located at 1821 W. Anderson Avenue that is zoned R-4 (Single Family Residential) to the O-I (Office Institutional) Classification, to issue a Special Use Permit for the subject property; and for other purposes.  (Held 6/28/06 at the request of Councilmember of the District

06O0022( 5)            U-05-22          An Ordinance by Councilmember Carla Smith to issue a Special Use Permit for a Nursing Home at 1821 W. Anderson Avenue (a.k.a. 31 Anderson Avenue); to waive the 2,000 foot distance requirement for this location; and for other purposes.  (Held 6/28/06 at the request of Councilmember of the District)

06O0145( 6)            Z-05-134         An Ordinance by Zoning Committee to rezone from the R-4 (Single-Family Residential) District to the PD-H (Planned Development-Housing) District, property located at 2228 Bicknell Street, SE, fronting approximately 257.5 feet on the southeast side of Bicknell Street, beginning 109 feet from the southeast corner of Bagwell Drive. (Held 8/16/06 at the request of the Councilmember of District 12)

Depth:  Varies

Area:                Approximately 3.5 Acres

Land Lot:         70, 14^th District, Fulton County, Georgia

Owner: Portfolio Properties Construction Co., LLC.

Applicant:         Portfolio Properties Construction Co., LLC.

NPU-Z                                                Council District 12

06O1950( 7)            Z-06-92           An Amended Ordinance by Zoning Committee to rezone from the R-5  (Single-Family Residential) District to the RG-4 (Residential General-Sector 4) District, property located at 575 Boulevard, SE, (578 Rosalia Street, SE), fronting approximately 100 feet on the west side of Boulevard. (Held 11/1/06 pending CDP Public Hearing)

Depth:  Varies

Area:                Approximately 0.339 Acre

Land Lot:         44, 14^th District, Fulton County, Georgia

Owner: Atlanta Decatur Oxford District United Methodist Church, Bobby A. Jones, Trustee Chair

Applicant:         Jeffrey L. Wilson

NPU-W                                                           Council District 1

06O1952( 8)            Z 06-95           An Amended Ordinance by Zoning Committee to rezone from the O-I (Office-Institutional) District to the C-1 (Community Business) District, property located at 890 Conley Road, SE, fronting approximately 804.11 feet on the north side of Conley Road, beginning 957 feet from the northeast corner of Jonesboro Road and Conley Road. (Held 11/1/06 pending CDP Public Hearing)

Depth:  Varies

Area:                Approximately 68.32 Acres

Land Lots:        1, 31 and 32, 14^th District, Fulton County, Georgia

Owner: Don Scott

Applicant:         Travis Pruitt

NPU-Z                                                            Council District 12

06O1953( 9)            Z-06-96           An Ordinance by Zoning Committee to rezone from the I-1  (Light Industrial) District to the R-4 (Single-Family Residential) District, property located at 568 Trabert Avenue, NW, fronting approximately 280 feet on the south side of Trabert Avenue. (Held 11/1/06 pending CDP Public Hearing)

Depth:  Varies

Area:                Approximately 0.53 Acre

Land Lot:         148, 17^th District, Fulton County,Georgia

Owner: Jamal L. Lewis

Applicant:         Rebecca S. Burney

NPU-E                                                            Council District 8

06O1955(10)           Z-06-99           An Ordinance by Zoning Committee to rezone from the PD-H  (Planned Development-Housing) District to the PD-MU (Planned Development-Mixed-Use) District, property located at 1602 Johnson Road, NW and 1380/1430 Rockdale Street, NW, fronting approximately 234 feet on the east side of Johnson Road, beginning 484.46 feet from the northwest corner of Rockdale Street. (Held 11/1/06 pending CDP Public Hearing)

Depth:  Approximately 1,832 Feet

Area:                Approximately 12.0 Acres

Land Lots:        225 and 190, 17^th District, Fulton County, Georgia

Owner: Northwest Intown Development, LLC

Applicant:         Brock Built, LLC

NPU-G                                                            Council District 9

06O0955(11)           Z-06-44           A Substitute Ordinance by Zoning Committee to rezone from the I-1-C (Light Industrial-Conditional) District to the MR5-A (Multi-Family Residential) District, property located at 1155 Hill Street, SE, fronting approximately 350 feet on the west side of Hill Street and approximately 272 feet on the north side of Englewood Avenue. (Held 11/1/06 at the request of District Council Person)

Depth:  Varies

Area:                Approximately 8.719 Acres

Land Lot:         55, 14^th District, Fulton County, Georgia

Owner: Jack and Harvey Taffel

Applicant:         Chaz E. Waters/Skyline Partners, LLC.

NPU-Y                                                Council District 1

06O2283(12)           An Ordinance by Councilmembers Joyce M. Sheperd and Cleta Winslow authorizing the Mayor or her designee to place interim development controls on construction on all vacant parcels in the Murphy Triangle (lying within the boundaries of Murphy Avenue, Warner Street, Allene Avenue and Sylvan Road) for a period not to exceed nine (9) months; and for other purpose. (Held 11/1/06 at the request of the author of the legislation)

06R2491(13)           A Resolution by Councilmember Felicia A. Moore authorizing the Bureau of Planning to recognize as nonconforming lots of record, lots located at 2611 and 2615 Forrest Avenue, NW, that have been created as the result of previously issued building permits and that presently have houses located on them and for which the property owners have been paying taxes for a approximately twenty years. (Held 11/14/06 at the request of the author)

MEMBERS PRESENT:  SMITH, SHOOK, ARCHIBONG, FAUVER, MARTIN & SHEPERD

PENDING LEGISLATION FOR ZRB

06O0001( 1)            Z-04-159         An Ordinance by Councilmember Carla Smith to amend the 1982 City of Atlanta Zoning Ordinance, as amended, so as to permit churches, synagogues, temples and other religious worship facilities as permitted principal uses and structures in the PD-MU (Planned Development-Mixed Use) and PD-OC (Planned Development-Office Commercial) Districts.

06O0003( 2)            Z-04-155         An Ordinance by Councilmember Carla Smith to rezone property from the I-1 (Light Industrial) District to the RG-5 (Residential General-Sector 5) District, property located at 695 North Avenue, NE, fronting approximately 160 feet on the south side of North Avenue and fronting approximately 591 feet on the southeasterly side of North Angier Street.

Depth:  Varies

Area:                1.6 Acres

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

Owner: Dean Ripelle

Applicant:         Sierra Contracting

By:                   Lawton Jordan, Agent

NPU-M                                               Council District 2

06O0006( 3)            Z-04-51           An Ordinance by Councilmember Carla Smith to rezone from the I-1 (Light Industrial) District to the PD-MU (Planned Development-Mixed Use) District, property located at 166 16^th Street, NW, fronting 136.90 feet on the south side of 16^th Street beginning at the southeast corner of Fowler Street.

Depth:  361 Feet

Area:                1.307 Acres

Land Lot:         108, 17^th District, Fulton County, Georgia

Owner: Madison Midtown, LLC

Applicant:         J. Charles Hendon

By:                   Carl E. Westmoreland, Jr., Attorney

NPU-E                                                            Council District 2

06O0015( 4)            Z-05-83           An Ordinance by Councilmember Carla Smith to rezone from the R-5/HD 20K Subarea #1 (Two Family Residential/Grant Park Historic District-Residential Subarea #1) District to the C-1/HD-20K Subarea #2 (Community Business/Grant Park Historic District-Commercial Subarea #2), property located at 428 Boulevard Street, SE (also known as 360 Boulevard, 614, 620 and 624 Glenwood Street, SE), fronting approximately 231.70 feet on the north side of Glenwood Avenue and approximately 70 feet west of the intersection of Glenwood Avenue and Berean Avenue.

Depth:  Varies

Area:                Approximately .279 Acre

Land Lot:         21, 14^th District Fulton County, Georgia

Owner: Joel Sadler/Maurice Blount

Applicant:         Harold Singer

NPU-W                                                           Council District 1

06O0017( 5)            Z-05-104         An Ordinance by Councilmember Carla Smith to amend the 1982 City of Atlanta Zoning Ordinance, as amended, to define and regulate Infill Residential Development; and for other purposes.

06O0026( 6)            Z-05-125         An Ordinance by Councilmember Carla Smith to amend the Zoning Ordinance of the City of Atlanta, and the maps established in connection therewith so that the following property located at 1361, 1362, 1365, 1366, 1371, 1374, 1375, 1381, 1382, 1385, 1386, 1391, 1394, 1395, 1398, 1404, 1407 and 1410 Metropolitan Parkway, SE be changed from the R-4 (Single Family Residential) District to MRC-1 (Mixed Residential Commercial) District; and for other purposes.

06O0027( 7)            Z-05-115         An Ordinance by Councilmember Carla Smith to rezone property from the R-5 (Two-Family Residential) District to the C-1 (Community Business) District, property located at 122 Mayson Avenue, SE, fronting approximately 45 feet on the east side of Mayson Avenue.

Depth:  120 Feet

Area:                Approximately 1.23 Acres

Land Lot:         210, 15^th District, Dekalb County, Georgia

Owner: Tizaz Waldu

Applicant:         Land Logistics, LLC

NPU-O                                                            Council District 5

06O0030( 8)            U-05-33          An Ordinance by Councilmember Carla Smith granting a Special Use Permit for a Personal Care Home (Section 16-06.005(1) (g)) property located at 38 Anderson Avenue, NW, fronting approximately 250 feet on the east side of Anderson Avenue.

Depth:  Varies

Area:                Approximately 1 Acre

Land Lot:         148, 14^th District, Fulton County, Georgia

Owner: Sian D. Hunter

Applicant:         Sian D. Hunter

NPU-J                                                 Council District 3

06O0147( 9)            Z-05-136         An Ordinance by Zoning Committee to rezone from the R-4 (Single-Family Residential) District to the MR-4B (Multi-Family Residential) District, property located at 1540 Donald Lee Hollowell Parkway, NW, fronting approximately 105 feet on the south side of Donald Lee Hollowell Parkway.  Property is located at the southeast corner of the intersection of Donald Lee Hollowell Parkway and Elmwood Road.

Depth:  Varies

Area:                Approximately .596 Acre

Land Lot:         146, 14^th District, Fulton County, Georgia

Owner: Ladies Framing

Applicant:         Sean M. Peters

NPU-J                                     Council District 3

06O0280(10)           Z-06-03           An Ordinance by Zoning Committee to rezone from the C-1-C (Community Business-Conditional), R-3 (Single-Family Residential) and C-1 (Community Business) Districts to the RG-3 (Residential General-Sector 3) District, property located at 2685 and 2725 Campbellton Road, SW, fronting approximately 475 feet on the northwest side of Campbellton Road and approximately 243 feet on the west side of Dodson Drive.

Depth:  Varies

Area:                5.268 Acres

Land Lots:        199 and 218 14^th District, Fulton County, Georgia

Owner: Mulugeta Zeleke

Applicant:         Patrick O. Leonard

NPU-R                                                Council District 11

06O0569(11)           Z-06-22           An Ordinance by Zoning Committee to rezone property from the I-1-C (Light Industrial-Conditional) District to the I-1 (Light Industrial) District, property located at 705 Constitution Road, SE, fronting approximately 175 feet on the south side of Constitution Road beginning at the northeasterly intersection of Jonesboro Road and Constitution Road.

Depth:  Varies

Area:                Approximately .779 Acre

Land Lot:         27, 14^th District, Fulton County, Georgia

Owner: Desmond Q. McKnight

Applicant:         Lee Mayweather

NPU-Z                                                            Council District 1

06O0773(12)           Z-06-34           An Ordinance by Councilmember Carla Smith to rezone from the R-3 (Single-Family Residential) District to the PD-H (Planned Development-Housing) District, property located at 3820 Ivy Road, NE, fronting approximately 210 feet on the west side of Ivy Road and Old Ivy Road.

Depth: Varies

Area:             &