CITY UTILITIES COMMITTEE

AGENDA JULY 11, 2006 

A. ADOPTION OF AGENDA 

B. APPROVAL OF MINUTES CONSENT 

C. ORDINANCES FOR FIRST READING 

06O1470( 1) An Ordinance by City Utilities Committee to amend the Fiscal Year 2006-2007 (2001 Water and Wastewater Bond Fund) Budget in the amount of $4,000,000.00 to transfer funds from the Reserve for Appropriations for construction services for the Greensferry Sewer Separation Project (Transmission Main - Hemphill South), on behalf of the Department of Watershed Management; and for other purposes. 

06O1471( 2) An Ordinance by City Utilities Committee to amend the Fiscal Year 2006-2007 (2001 Water and Wastewater Bond Fund) Budget in the amount of $150,000.00 to transfer funds from the Reserve for Appropriations to Facilities other than Buildings for the execution of an Agreement with State of Georgia Department of Transportation, for Water Facilities Services on behalf of the Department of Watershed Management; and for other purposes. 

06O1472( 3) An Ordinance by City Utilities Committee to amend the Fiscal Year 2006-2007 (2001 Water and Wastewater Revenue Fund) Budget on behalf of the Department of Watershed Management, in the amount of $1,361,900.00 to transfer funds from the Designated Reserve for Appropriations for the Water Utilities Locator Services Project; and for other purposes. 

REGULAR 

D. ORDINANCE FOR SECOND READING 

06O1573( 1) An Ordinance by Councilmember Kwanza Hall authorizing the Mayor or her designee to enter into an Agreement between Hilton Atlanta and the Atlanta Marriott Marquis and the City of Atlanta for the erection of a bridge in accordance with Section 138-25(b) of the City of Atlanta’s Code of Ordinances; and for other purposes. 

E. RESOLUTIONS 

06R1467( 1) A Resolution by City Utilities Committee to authorize the Mayor to enter into an Agreement with Serenbe Development Corporation, providing for the non-standard location of the City of Atlanta water meters within private property and private rights-of-way; to require and accept an easement from Serenbe Development Corporation for the purpose of allowing the City access to its water meters; and the other purposes. 

06R1468( 2) A Resolution by City Utilities Committee to authorize the Mayor to enter into an Agreement with Brantley Street, LLC, providing for the non-standard location of the City of Atlanta water meters within private property and private rights-of-way; to require and accept an easement from Brantley Street, LLC for the purpose of allowing the City access to its water meters; and the other purposes. 

06R1469( 3) A Resolution by City Utilities Committee to authorizing the Mayor to issue a Notice to Proceed with Jacobs/PRAD/PBS & J, Joint Venture, for FC-7619-03D, Annual Contract for Architectural and Engineering Services for Security Design Guidelines, on behalf of the Department of Watershed Management, in an amount not to exceed $657,412.72; all contracted work will be charged to and paid from Fund, Account and Center Number: 2J21 (Water & Wastewater Renewal & Extension Fund) 524001 (Consultant/Professional Services) Q12T07419999 (Water Security Surcharge); and for other purposes. 

06R1579( 4) A Resolution by Councilmember Ceasar C. Mitchell authorizing payment of stipulated penalties imposed by the Environmental Protection Agency (EPA) and the Environmental Protection Division of the Department of Natural Resources of the State of Georgia (EPD) in the amount of $ as stipulated penalties for the violation of CSO Fecal Coliform Operational Standards pursuant to the CSO Consent Decree, Civil Action File No. 1:95-CV-2550-TWT; to identify the source of funding; and for other purposes. 

F. PAPERS HELD IN COMMITTEE 

06O0306( 1) An Ordinance by City Utilities Committee amending the 2006 (1994 G. O. Bond Referendum Fund) Budget by transferring from and to appropriations in the amount of $852,361.11 to fund the Paving Management and Improvement Program; and for other purposes. (Held 2/14/06 at the request of Councilmember Muller.) 

06O0472( 2) An Ordinance by Councilmembers C. T. Martin and Ivory L. Young, Jr. to re-name Simpson Road from H. E. Holmes Drive to West Peachtree Street, to Coretta Scott King Drive; to waive various subsections of Section 138-8 of the Code of Ordinances; and for other purposes. (Held 2/14/06 awaiting decision from Coretta Scott King Commission on the appropriate honor for Mrs. King.) 

06O0560( 3) An Ordinance by Councilmember Kwanza Hall to abandon the following portion of right-of-way, being more specifically described in the legal description attached as Exhibit “A” and the survey attached as Exhibit “B” (1) Alexander Street between Luckie Street and Marietta Street, said property lying and being in Land Lot 79 of District 14, Fulton County, Georgia; and for other purposes. (Public Hearing held 3/14/06) (Held 3/14/06 at the request of the Department of Public Works while questions to GDOT are being addressed.) 

06R0563( 4) A Resolution by Councilmember Joyce M. Sheperd authorizing the Mayor to enter into an Agreement with Brock Built, LLC providing for the non-standard location of water meters on private property to which the city provides water services; and for other purposes. (Referred back by Council 3/6/06) (Held 3/14/06 at the request of the Department of Watershed Management so that developer can address the private property concerns.) 

06O0937( 5) An Ordinance by Councilmember Clair Muller to amend Article VII of Chapter 74 entitled “Riparian Buffer Requirements”; to officially change the administrating Department to Watershed Management, to streamline the review process and clarify the Public Notice Requirements; and for other purposes. (Held 4/25/06 for further review by the Department of Watershed Management.) 

06O1367( 6) An Ordinance by Councilmember Felicia A. Moore to repeal Chapter 2, Article IX, Division 3, Section 2-973 (Entitled, “Billing and Collection by Private Contractor Responsible for the Operation and Maintenance of the City’s Water System.”) of the Code of Ordinances of the City of Atlanta so as to remove obsolete text relating to the operation and maintenance of the City’s water system by a private contractor; to repeal conflicting ordinances; and for other purposes. (Held 6/27/06 pending further review by the Law Department.) 

06O1454( 7) An Ordinance by Councilmember Clair Muller as amended by City Utilities Committee to amend Chapter 130 Solid Waste Management, Section 130-84, Rates and Charges to limit such rate to apply to lots with a residence; and for the other purposes. (Amended and held 6/2706 at the request of the author.) G. ITEMS NOT AGENDA H. ADJOURNMENT

AGENDA

ZONING COMMITTEE

WEDNESDAY, JULY 12, 2006 

A. ADOPTION OF AGENDA 

APPROVAL OF MINUTES 

CONSENT AGENDA 

C. ORDINANCES FOR FIRST READING 

06O1487( 1) U-06-17 An Ordinance by Zoning Committee granting a Special Use Permit for an Automobile Salvage Yard pursuant to Section 16-17.005(1)(c), property located at 2124 Jonesboro Road, SE, fronting approximately 864.9 feet on the east side of Jonesboro Road and located approximately 211 feet north of the intersection of Constitution Road and Jonesboro Road. Depth: Varies Area: Approximately 23.5 Acres Land Lots: 27 and 38, 14th District, Fulton County, Georgia Owner: Transus, Inc. Applicant: A-Tow, Inc. NPU-Z Council District 1 

06O1488( 2) Z-06-75 An Ordinance by Zoning Committee to rezone from the I-1 (Light Industrial) District to the LW (Live-Work) District, property located at 3806 Stone Road, SW, fronting approximately 428.50 feet on the south side of Stone Road beginning approximately 1,063 feet from the southeast corner of Fairburn Road. Depth: Varies Area: Approximately 3.27 Acres Land Lot: 5, 14th District, Fulton County, Georgia Owner: Cobblestone Development Applicant: Jexandria D. Prince NPU-P Council District 11 

06O1556( 3) An Ordinance by Zoning Committee authorizing the Mayor or her designee to amend Ordinance Number 06O0033Z-05-117 by correcting the re-zoning Designation in the legislation; and for other purposes. 

06O1557 ( 4) An Ordinance by Zoning Committee or her designee to amend Ordinance Number 06O0036Z-05-122 by correcting the address in the legislation; and for other purposes. REGULAR AGENDA D. ORDINANCES FOR SECOND READING 

06O1567 ( 1) An Ordinance by Councilmember Howard Shook to authorize the installation of Public Art at 351 Peachtree Hills Ave., NE, Atlanta, GA 30305, as pursuant to Section 16-28.025 28.025 of the City of Atlanta Land Development Code; and for other purposes. 

06O1578( 2) An Ordinance by Councilmembers Carla Smith and Natalyn M. Archibong to extend Interim Development Controls on all construction on vacant parcels or on parcels made vacant through the demolition of existing structures in the Memorial Drive/Martin Luther King, Jr. Drive Corridor Study Area for a period not to exceed ninety (90) days from August 31, 2006 or until legislation rezoning the Memorial Drive/Martin Luther King, Jr. Drive Corridor to implement the study has been approved and adopted by the Mayor and Council, whichever occurs first; and for other purposes. 

E. 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, 17th District, Fulton County, Georgia Owner: 2500 Peachtree Condominium Association, Inc. Applicant: 2500 Peachtree Condominium Association, Inc. NPU-C Council District 8 

06O0146( 4) Z-05-135 An Ordinance by Zoning Committee to rezone from the C-3 (Commercial Residential) District and the R-4 (Single-Family Residential) District to the C-3-C (Commercial Residential-Conditional) District, property located at 1891, 1895 and 1875 Peachtree Road, NE, fronting approximately 300 feet on the east side of Peachtree Street, beginning 500 feet northeast of Palisades. (Held 4/26/06 for further discussion and review of the Site Plan) Depth: Varies Area: Approximately 1.78 Acres Land Lot: 110, 17th District, Fulton County, Georgia Owner: Semah, Inc., RBW Holdings, LLC/James Cunningham c/o Scott Schulten Applicant: The Paradise Group NPU-E Council District 7 

06C1221( 5) A Communication by Mayor Shirley Franklin re-appointing Ms. Fredalyn Frasier to serve as a member of the Zoning Review Board in the Municipal Planning category for the City of Atlanta. This re-appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation. (Held 6/14/06 so appointee could be present) 

06O0007( 6) 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( 7) 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 ht location; and for other purposes. (Held 6/28/06 at the request of Councilmember of the District) 

06O0945( 8) Z-06-57 An Ordinance by Councilmember Ivory Lee Young, Jr. to rezone 840, 850, 854 and 858 Simpson Street within the SPI-11 Vine City and Ashby Station Special Public Interest District from Subarea 7: Vine City Single-Family Residential to Subarea 9: Simpson Mixed-Use; and for other purposes. (Held 6/28/06 pending CDP Amendment Hearing) 

06O0956( 9) Z-06-45 An Ordinance by Zoning Committee to rezone from the R-4 (Single-Family Residential) District to the R4-A (Single-Family Residential) District, property located at 705 Pershing Avenue, SE,, fronting approximately 201.74 feet on the south side of Pershing Avenue. (Held 6/28/06 at the request of Councilmember of the District) Depth: Varies Area: Approximately 1.056 Acres Land Lot: 24, 14th District, Fulton County, Georgia Owner: Edwin Duke Applicant: David Stewart NPU-W Council District 1 

ITEMS NOT ON THE AGENDA 

G. ADJOURNMENT 

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, 14th 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 16th Street, NW, fronting 136.90 feet on the south side of 16th Street beginning at the southeast corner of Fowler Street. Depth: 361 Feet Area: 1.307 Acres Land Lot: 108, 17th 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, 14th 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) An Ordinance by Councilmember Carla Smith to rezone Z-05-115 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, 15th 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, 14th District, Fulton County, Georgia Owner: Sian D. Hunter Applicant: Sian D. Hunter NPU-J Council District 3 

06O0143( 9) Z-05-132 An Ordinance by Zoning Committee to rezone from the C-1 (Community Business) District and the RL-C (Residential Limited-Commercial) District to the MR-3 (Multifamily Residential) District, property located at 288 and 292 Gordon Avenue, SE, fronting approximately 114 feet on the west side of Gordon Avenue and approximately 177 feet on the north side of Dekalb Avenue. Property is located at the northwest corner of the intersection of Gordon Avenue and Dekalb Avenue. Depth: Varies Area: Approximately .5280 Acre Land Lot: 211, 15th District, Dekalb County, Georgia Owner: Wesley Arch and Clayton W. Preston Applicant: Capstone Partner, Inc. NPU-N Council District 5 

06O0145(10) 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. Depth: Varies Area: Approximately 3.5 Acres Land Lot: 70, 14th District, Fulton County, Georgia Owner: Portfolio Properties Construction Co., LLC. Applicant: Portfolio Properties Construction Co., LLC. NPU-Z Council District 12 

06O0147(11) 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, 14th District, Fulton County, Georgia Owner: Ladies Framing Applicant: Sean M. Peters NPU-J Council District 3 

06O0276(12) Z-06-08 An Ordinance by Zoning Committee to amend the City of Atlanta Sign Ordinance so as to redefine Principal Occupant; and for other purposes. 

06O0280(13) 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 14th District, Fulton County, Georgia Owner: Mulugeta Zeleke Applicant: Patrick O. Leonard NPU-R Council District 11 

06O0569(14) 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, 14th District, Fulton County, Georgia Owner: Desmond Q. McKnight Applicant: Lee Mayweather NPU-Z Council District 1 

06O0571(15) Z-06-20 An Ordinance by Zoning Committee to rezone property from the O-I (Office Institutional) and RLC (Residential Limited Commercial) Districts to the PD-MU (Planned Development-Mixed Use) District, property located at 3284 and a portion of 3300 Northside Parkway and 3303 Howell Mill Road, NW, fronting approximately 625.8 feet on the east side of Howell Mill Road, beginning approximately 350 feet from the southeast corner of Howell Mill Road and Northside Parkway. Depth: Varies Area: Approximately 3.88 Acres Land Lot: 182, 17th District, Fulton County, Georgia Owner: The Piazza at Paces, LLC. Applicant: The Piazza at Paces, LLC. NPU-C Council District 8 

06O0576(16) Z-06-13/ Z-06-13/ Z-71-169 An Ordinance by Zoning Committee to amend Ordinance Z-71-169-S, adopted by the Board of Alderman on December 20, 1971 and approved by the Mayor December 22, 1971 rezoning from the R-3 (Single-Family Residential) and R-4 (Single-Family Residential) Districts to the A-1-C (Apartments-Conditional) District, property located at 3391 Forrest Park Road, SE, for the purpose of approving an Amended Site Plan. Owner: Fred S. Zohouri Applicant: Fred S. Zohouri NPU-Z Council District 12 

06O0769(17) Z-06-29 An Ordinance by Councilmember Carla Smith to rezone from the R-4 (Single-Family Residential) District to the MR-3 (Multi-Family Residential) District, property located at 3996 Campbellton Road, SW, fronting approximately 149.88 feet on the south side of Campbellton Road, approximately 276 feet on the east side of Daniel Road, approximately 299 feet on the west side of Roswell Street and approximately 226 feet on the south side of Butner Road. Depth: Varies Area: Approximately 1.66 Acres Land Lot: 32, 14th ff District, Fulton County, Georgia Owner: Sylvester Burch Applicant: John W. Henry NPU-P Council District 11 

06O0770(18) Z-06-30 An Ordinance by Councilmember Carla Smith to rezone from the PD-MU (Planned Development-Mixed Use), PD-OC (Planned Development-Office Commercial) and R-3 (Single-Family Residential) Districts to the PD-MU (Planned Development-Mixed Use) District, property located at 2415 and 3477 Kingsboro Road, NE, 3437 and 3413 Oak Valley road, NE, 920 Wright Avenue, 3510, 3510 (Front), 3566, 3488, 3478, 3468, 3458, 3463, 3449, 3433, 3429 and 3425 Lakeside Drive and 3452, 3440, 3450, 3458 and 3474 Roxboro Road, NE, fronting approximately 455 feet on the east side of Lakeside Drive and 454 feet on the west side of Lakeside Drive, approximately 92 feet on the south side of Kingsboro Road, approximately 310 feet on the east side of Oak Valley Road, approximately 401 feet on the north side of East Paces Ferry Road and approximately 875 feet on the west side of Roxboro Road. Depth: Varies Area: Approximately 16 Acres Land Lots: 9 and 45, 17th District, Fulton County, Georgia Owners: Noble Center Associates LL., Normco, Inc., Vivian Noble Dubose, the Virginia Notble Richardson Trust, the Ed Noble Trust, Edward W. Noble, LLC c/o Michael R. Davis, Esq. and Alston and Bird, LLP Applicant: Treicom Development, LTD. NPU-B Council District 7 

06O0771(19) Z-06-31 An Ordinance by Councilmember Carla Smith to rezone from the R-4 (Single-Family Residential) District to the PD-H (Planned Development-Housing) District, property located at 4175 Bakers Ferry Road, SW, fronting approximately 62.74 feet on the north side of Bakers Ferry Road, beginning approximately 500 feet from the northwest corner of Candlelight Lane. Depth: Varies Area: Approximately 10.62 Acres Land Lots: 24 and 25, 14th ff District, Fulton County, Georgia Owner: Wayne M. Rollins/Rollins Developers Unlimited c/o James Bailey Applicant: James Bailey NPU-H Council District 10 

06O0772(20) Z-06-32 An Ordinance by Councilmember Carla Smith to rezone from the R-4 (Single-Family Residential) District to the RG-5 (Residential General-Sector 5) District, property located at 1866 Rock Springs Road, NE, fronting approximately 224 feet on the northeast side of Rock Springs Road. Depth: Varies Area: Approximately .92 Acre Land Lot: 50, 17th District, Fulton County, Georgia Owner: Maria Dziewiwski Applicant: Christopher M. Hunt NPU-F Council District 6 

06O0773(21) 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: Approximately 4.225 Acres Land Lot: 63, 17th District, Fulton County, Georgia Owner: Monte Hewett Applicant: Monte Hewett NPU-B Council District 7 

06O0774(22) Z-06-35 An Ordinance by Councilmember Carla Smith to rezone from the C-1-C (Community Business-Conditional) District to the C-1 (Community Business) District, property located at 1316 Boulevard, SE, fronting approximately 348.84 feet on the east side of Boulevard, and approximately 195 feet on the south side of Benteen Avenue. Depth: Varies Area: Approximately 1.60 Acres Land Lot: 24, 14th District, Fulton County, Georgia Owner: Thomas G. Stkes, Jr., c/c Jim Lavallee and MLC Homes, Inc. c/o Jim Lavallee Applicant: Jim Lavallee NPU-W Council District 1 

06O0775(23) Z-06-36 An Ordinance by Councilmember Carla Smith to rezone from the C-1 (Community Business) District and the R-4 (Single-Family Residential) District to the PD-MU (Planned Development-Mixed Use) District, property located at 685-701 Commercial Avenue, NW and 2560 Donald L. Hollowell Parkway N. W. (formerly known as Bankhead Highway), fronting approximately 595 feet on the south side of Donald L. Hollowell Parkway and approximately 438 feet on the east side of Commercial Avenue, approximately 717 feet on the west side of Woods Drive and approximately 135 on the south side and 136 feet on the north side of an unimproved right-of-way of Woodrow Street. Depth: Varies Area: Approximately 411.24 Acres Land Lot: 208, 14th District, Fulton County, Georgia Owner: Second Avenue Development, Inc., and Commercial Avenue, LLC. c/o Gee Harvey Applicant: Gee Harvey NPU-J Council District 9 

06O0776(24) Z-06-37 An Ordinance by Councilmember Carla Smith to rezone from the R-4 (Single-Family Residential) District to the O-I (Office Institutional) District, property located at 2812 Piedmont Road, NE, fronting approximately 98 feet on the north side of East Wesley Road at the northeast corner of the intersection of East Wesley Road and Piedmont Road. Depth: Varies Area: Approximately .239 Acre Land Lot: 60, 17th District, Fulton County, Georgia Owner: Jeff Notrica Applicant: David Green NPU-B Council District 7 

06O0777(25) Z-06-38 An Ordinance by Councilmember Carla Smith to rezone from the R-5 (Two-Family Residential) District to the RG-3 (Residential General-Sector 3) District, property located at Tract 1 – 1398-1454 Vaughn Street, SE and 1415-1453 Woodbine Avenue, SE, fronting approximately 473 feet on the south side of Woodbine Avenue and approximately 455 feet on the north side of Vaughn Street, Depth: Varies Tract 2 – 1449-1451 Vaughn Street and 1454-1458 Memorial Drive, SE, fronting approximately 100 feet on the south side of Vaughn Street and approximately 100 feet on the north side of Memorial Drive. Tracts 1 and 2 combined fronts approximately 720 feet on the east side of Montgomery Street. Depth: Varies Area: 6.51 Acres Land Lots: 207 and 208, 15th District, Dekalb County, Georgia Owner: Al Livnat Applicant: Jared L. Samples NPU-O Council District 5 

06O0779(26) U-06-06 An Ordinance by Councilmember Carla Smith granting a Special Use Permit for a Church (Section 16-06.005 (1)(c) property located at 295 Fairburn Road, SW, fronting approximately 209 feet on the west side of Fairburn Road, approximately 743 feet southwest of the intersection of Fairburn Road and Boulder Park Road. Depth: Varies Area: Approximately .3.02 Acres Land Lot: 13, 14th District, Fulton County, Georgia Owner: Tabernacle Bible Baptist Church Applicant: John S. Gilliard NPU-H Council District 10 

06O0934(27) Z-06-55 An Ordinance by Councilmember Carla Smithto rezone from the I-1 (Light Industrial) District to the RG-3 (Residential General Sector 3) District, property located at 1921 Anne Street, NW, Land Lot 230, 17th District, Fulton County, Georgia. 

06O0944(28) Z-06-56 An Ordinance by Councilmember Kwanza Hall to amend the Zoning Ordinance of the City of Atlanta and the Maps established in connection with the property located at 695 North Avenue and to waive the provisions of Section 16-27.002(3) of the Zoning Ordinance of the City of Atlanta, entitled “Amendments,” solely for the purposes of this ordinance; and for other purposes. 

06O0952(29) Z-06-39 An Ordinance by Zoning Committee to rezone from the R-3 (Single-Family Residential) District to the RG-3 (Residential General-Sector 3) District, property located at 788, 846 and 856 Canterbury Road, NE, fronting approximately 237 feet on the north side of Canterbury Road. Depth: Varies Area: Approximately 3.625 Acres Land Lots: 7 and 47, 17th District, Fulton County, Georgia Owner: Joan King, Beverly Sams and Abdul Karen Ahmed Applicant: Capital Partners Development, Inc., c/o Laurel A. David, Esquire/Dillard and Galloway, LLC. NPU-B Council District 7 

06O0953(30) Z-06-40 An Ordinance by Zoning Committee to rezone from the R-4 (Single-Family Residential) District to the R4-A (Single-Family Residential) District, property located at 2869 Fourth Street, SE, fronting approximately 123 feet on the east side of Fourth Street and approximately 121 feet on the south side of 3rd Street. Depth: Varies Area: Approximately .643 Acre Owner: NAHL Developers, LLC. Applicant: Asad M. Abdur-Rashid NPU-X Council District 12 

06O0955(31) Z-06-44 An 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. Depth: Varies Area: Approximately 8.719 Acres Land Lot: 55, 14th District, Fulton County, Georgia Owner: Jack and Harvey Taffel Applicant: Chaz E. Waters/Skyline Partners, LLC. NPU-Y Council District 1 

06O0957(32) Z-06-46 An Ordinance by Zoning Committee to rezone from the R-4 (Single-Family Residential) District to the MR-3 (Multi-Family Residential) District, property located at 156-212 Lakewood Way, SE, fronting approximately 238 feet on the southwesterly side of Lakewood Way. Depth: Varies Area: Approximately 1.582 Acres Land Lot: 71, 14th District, Fulton County, Georgia Owner: John Burnette Applicant: John Burnette NPU-Y Council District 12 

06O0958(33) Z-06-47 An Ordinance by Zoning Committee to rezone from the R-4 (Single-Family Residential) District to the MR-3 (Multi-Family Residential) District, property located at 1947, 1957, 1961, 1967 and 1971 St. Johns Circle and 335, 349, 353 and 365 St. Johns Avenue, SE, fronting approximately 420 feet on the north side of St. Johns Avenue and approximately 598 feet along the frontage of St. Johns Circle. Depth: Varies Area: Approximately 8 Acres Land Lot: 90, 14th District, Fulton County, Georgia Owners: John D. Wheeler, Bobbie J. Dennis, James Ray Crumbley and Bonnie J. Grant Applicant: Ronald F. Dupree NPU-Y Council District 12 

06O0959(34) Z-06-48 An Ordinance by Zoning Committee to rezone from the RL-C (Residential Limited Commercial) District to the C-3 (Commercial Residential) District, property located at 3191 and 3193 Paces Ferry Place, NE, fronting approximately 100 feet on the east side of Paces Ferry Place. Depth: Varies Area: Approximately .231 Acre Land Lot: 99, 17th District, Fulton County, Georgia Owner: Bruce H. Foster Applicant: Ryland W. Koets NPU-B Council District 8 

06O0961(35) U-06-07 An Ordinance by Zoning Committee granting a Special Use Permit for a Community Service Facility (Section 16-06.005 (1) (g)), property located at 8 East Lake Drive, NE, fronting approximately 160 feet on the west side of East Lake Drive and approximately 182 feet on the north side of Hosea Williams Drive. Depth: Varies Area: Approximately .66 Acre Land Lot: 204, 15th District, Dekalb County, Georgia Owner: Elizabeth Omilami Applicant: Patrise Perkins-Hooker NPU-O Council District 5 

06O0962(36) U-06-08 An Ordinance by Zoning Committee granting a Special Use Permit for a Personal Care Home (Section 16-06.005 (1) (g)), property located at 1648 Stokes Avenue, SW, fronting approximately 49.77 feet on the south side of Stokes Avenue. Depth: 200 Feet Area: Approximately .23 Acre Land Lot: 149, 14th District, Fulton County, Georgia Owner: Erica O. Chang Applicant: Erica O. Chang NPU-T Council District 10 

06O0967(37) Z-06-50 An Ordinance by Zoning Committee to amend the City of Atlanta Sign Ordinance so as to allow temporary construction fences to be decorative; and for other purposes. 

06O1051(38) Z-06-58 An Ordinance by Councilmembers Natalyn M. Archibong and Carla Smith amending Chapter 20A Cabbagetown Landmark District Section 16-20A.009 (Subarea 3) to allow Day Care Centers/Preschool as a use permitted by Special Use Permit; and for other purposes. 

06O1052(39) Z-06-59 An Ordinance by Councilmember Ivory L. Young, Jr. amending the 1982 Zoning Ordinance of the City of Atlanta and the Maps established in connection therewith be changed so that the following properties located at 570, 566, 594, 602, 598 Western Avenue and 561, 565, 617 and 603 Jones Avenue be changed from I-1 (Light Industrial) District to the R-4B (Single-Family Residential) District; and for other purposes. 

06O1066(40) Z-06-65 An Ordinance by Councilmember Anne Fauver to amend Section 16-24.005 (5) of the Code of Ordinances of the City of Atlanta (The Zoning Ordnance) so as to provide that if property upon which a non-conforming use of a major structure or major structure and premises in combination, is rezoned during the one year grandfathering period pursuant to a Livable Communities Initiative (LCI) Process, said nonconforming use status shall cease and the major structure or major structure and premises in combination shall not thereafter be used except in conformity with the regulation of the district in which it is located; to waive conflicting ordinances; and for other purposes. 

06O1069(41) Z-06-54 An Ordinance by Zoning Committee to rezone from the R-3 (Single-Family Residential) District to the R-4 (Single-Family Residential) District, property located at 1658 Willis Mill Road, SW, fronting approximately 285 feet on the east side of Willis Mill Road. Depth: Varies Area: Approximately 7.05 Acres Land Lot: 200, 14th District, Fulton County, Georgia Owner: Alvin M. Thomas Applicant: Georgia A. Smith NPU-R Council District 11 

06O1070(42) Z-06-60 An Ordinance by Zoning Committee to rezone from the R-3 (Single-Family Residential) District to the RG-2 (Residential General-Sector 2) District, property located at 2225 Bohler Road, NW, fronting approximately 134.52 feet on the east side of Bohler Road. Depth: Varies Area: Approximately 0.994 Acre Land Lot: 194, 17th District, Fulton County, Georgia Owner: Richard S. Childers and David F. Childers Applicant: Richard S. Childers NPU-C Council District 9 

06O1071(43) Z-06-61 An Ordinance by Zoning Committee to rezone from the RL-C (Residential Limited-Commercial) and C-1-C (Community Business-Conditional) Districts to the C-1-C (Community Business-Conditonal) District, property located at 524, 526 and 530 East Paces Ferry Road, NE and 3081 Maple Drive, NE, fronting approximately 162 feet on the north side of East Paces Ferry Road and approximately 68 feet on the east side of Maple Drive. Depth: Varies Area: Approximately 1.25 Acres Land Lot: 61, 17th District, Fulton County, Georgia Owner: East Paces Partners, LLC Applicant: Parkside Partners, Inc., c/o Richard S. Bent/Woody Galloway NPU-B Council District 7 

06O1072(44) Z-06-62 An Ordinance by Zoning Committee to rezone from the RG-4 (Residential General-Sector 4) District to the MRC-3 (Mixed Residential Commercial) District, property located at 547, 553, 559-565 Boulevard, NE and 489 Boulevard Place, NE, fronting approximately 186 feet on the east side of Boulevard and approximately 143 feet on the south side of Boulevard Place. Depth: Varies Area: 0.70 Acre Land Lot: 47, 14th District, Fulton County, Georgia Owner: Gabriella Nanci Applicant: Stephen M. Denton NPU-M Council District 2 

06O1073(45) Z-06-63 An Ordinance by Zoning Committee to rezone from the C-1 (Community Business) District and R-5 (Two-Family Residential) District to the C-1 (Community Business) District property located at 1131 State Street (aka 348 14th Street, NW) 1129 State Street, NW and 1132 Atlantic Drive, NW, fronting approximately 224 feet on the south side of 14th Street, approximately 200 feet on the east side of State Street and approximately 100 feet on the west side of Atlantic Street. Depth: Varies Area: 1.176 Acres Land Lot: 149, 17th District, Fulton County, Georgia Owner: Joseph C. Delmonte, BOP, LLC John Porter 2/Ariest Porter, Sam Porter and Rosemary Porter Applicant: Metro Group Development c/o Stephes F. Fusco, Esq. NPU-E Council District 2 

06O1074(46) Z-06-64 An Ordinance by Zoning Committee designating the DuPre Manufacturing Company Mill (a/k/a Excelsior Mill and the Masquerade), located at 695 North Avenue, NE, Land Lot 18, of the 14th District of Fulton County, Georgia and certain real property on which it is located, to the overlay Zoning Designation of Landmark Building or site pursuant to Chapter 20 of the Zoning Ordinance of the City of Atlanta and rezoning from PD-MU (Planned Development-Mixed Use) to PD-MU/LBS (Planned Development-Mixed Use/Landmark Building or Site); to repeal conflicting Laws; and for other purposes. 

06O1075(47) U-06-10 An Ordinance by Zoning Committee granting a Special Use Permit for a Personal Care Home, pursuant to Section 16-06.005 (1)(g), property located at 643 Cedar Avenue, NW, fronting approximately 100 feet on the east side of Cedar Avenue. Depth: Varies Area: Approximately 0.53 Acre Land Lot: 177, 14th District, Fulton County, Georgia Owner: Chudnee B. Hunter Applicant: Chudnee B. Hunter NPU-J Council District 9 

06O1076(48) U-06-12 An Ordinance by Zoning Committee granting a Special Use Permit for a Church and other worship facilities, pursuant to Section 16-06.005 (1)(c), property located at 745 Bolton Road, NW (also addressed as 741 Bolton Road, NW), fronting approximately 325 feet on the south side of Bolton Road. Depth: Varies Area: 5.115 Acres Land Lot: 241, 14th District, Fulton County, Georgia Owner: Pleasant Hill Baptist Church Applicant: George A. Smith NPU-H Council District 10 

06O1190(49) U-06-13 An Ordinance by Zoning Committee granting a Special Use Permit for a Cemetery pursuant to Section 16-08.005 (1) (a), property located at 788, 846 and 856 Canterbury Road, NE, fronting approximately 237 feet on the north side of Canterbury Road. Depth: Varies Area: Approximately 3.625 Acres Land Lots: 7 and 47, 17th District, Fulton County, Georgia Owner: Joan King, Beverly Sams and Abdul Karen Ahmed Applicant: Capital Partners Development, Inc., c/o Laurel A. David, Esquire/Dillard and Galloway, LLC NPU-B Council District 7 

06O1191(50) U-06-14 An Ordinance by Zoning Committee granting a Special Use Permit for a Rehabilitation Center (Section 16-11.005 (1)(e), property located at 540 Mobile Avenue, SW, fronting approximately 205 feet on the south side of Mobile Avenue and approximately 200 feet east of the intersection of Mobile Avenue and Metropolitan Parkway. Depth: Varies Area: Approximately 1.32 Acres Land Lot: 90, 14th District, Fulton County, Georgia Owner: Valerie D. Cater Applicant: Valerie D. Cater NPU-X Council District 12 

06O1203(51) Z-06-66 An Ordinance by Zoning Committee to rezone from the R-5 (Two-Family Residential) District to the MR-3 (Multi-Family Residential) District, property located at 140 Mayson Avenue, NE and 1472 (also known as 1470) Chipley Street, NE. Land Lot: 209, 15th District, Dekalb, County, Georgia NPU-O Council District 5 

06O1317(52) An Ordinance by Zoning Committee to amend the 1982 Z-06-51 Zoning Ordinance of the City of the Atlanta by creating a New Chapter entitled Chapter 18V. SPI-22 Memorial Drive/Oakland Cemetery District Regulations and to amend the Official Zoning Map by supplanting existing Zoning Districts RG-4, RG-5, R-5, C-1, C-1-C, C-2, C-2-C, C-3, I-1, I-1-C, I-2, MRC-3, and PD-MU with said SPI-22 District and to amend Chapter 28A.010 by adding a new Subsection (49) SPI-22 Memorial Drive/Oakland Cemetery District; and for other purposes. 

06O1318(53) Z-06-52 An Ordinance by Zoning Committee to rezone certain properties within the Memorial Drive Corridor in the Reynoldstown Neighborhood from the R-5 (Two-Family Residential), C-1 (Community Business), C-1-C (Community Business-Conditional), C-2 (Commercial Service), I-1 (Light Industrial) and I-2 (Heavy Industrial) Districts to the MR-3 (Multi-Family Residential, MR-3-C (Multi-Family Residential-Conditional), MRC-3-C (Mixed Residential Commercial -Conditional), I-1-C (Light Industrial-Conditional) and I-2-C (Heavy Industrial-Conditional) Districts; and for other purposes. 

06O1319(54) Z-06-53 An Ordinance by Zoning Committee to rezone certain properties within the Memorial Drive Corridor in the Grant Park Neighborhood from the I-1 (Light Industrial) District to the I-1-C (Light Industrial- Conditional) District; and for other purposes. 

06O1439(55) Z-06-67 An Ordinance by Zoning Committee to rezone from the R-3 (Single-Family Residential) District to the PD-H (Planned Development-Housing) District, property located at 653-711 Longleaf Drive, NE, fronting approximately 690 feet on the south side of Longleaf Drive, beginning approximately 445 feet from the southeast corner of North Stratford Road. Depth: Approximately 200 feet Area: Approximately 2.97 Acres Land Lot: 44, 17th District, Fulton County, Georgia Owners: Andrew Fleshner, Executor for the Estate of Ruth B. Fleshner, Lee H. Wysong, James T. and Elaine H. Horton, Maxwell R. Calloway, Mary L. and Craig G. Adams, and Mark R. and Virginia D. Simpson Applicant: Jim Brown NPU-B Council District 7 

06O1440(56) Z-06-68 An Ordinance by Zoning Committee to rezone from the R-4 (Single-Family Residential) District to the MR-2 (Multi-Family Residential) District, property located at 2829 Hapeville Road, SE, fronting approximately 420 feet on the west side of Hapeville Road at the northern intersection of Waters Road. Depth: Varies Area: Approximately 4.50 Acres Land Lot: 68, 14th District, Fulton County, Georgia Owner: Joseph P. Harris Applicant: Joseph P. Harris NPU-Z Council District 12 

06O1441(57) Z-06-69 An Ordinance by Zoning Committee to rezone from the R-5 (Two-Family Residential)/HD-20L (Inman Park Historic District) District to the RG-3 (Residential General-Sector 3)/HD-20L (Inman Park Historic District) District, property located at 850 Euclid Drive, NE, fronting approximately 109.48 feet on the north side of Euclid Avenue, and approximately 108 feet on the west side of Druid Circle. Depth: Varies Area: Approximately .431 Acre Land Lot: 19, 14th District, Fulton County, Georgia Owner: William Bartlett Applicant: William Bartlett NPU-N Council District 6 

06O1442(58) Z-06-71 An Ordinance by Zoning Committee to rezone from the RG-4 (Residential General-Sector 4) District to the MR5-A (Multi-Family Residential) District, property located at 3057 North Pharr Court, NE, fronting approximately 320.72 feet on the northeast side of Pharr Court and located on the southwesterly side by Pharr Road Connector, private drive. Depth: Varies Area: Approximately 2.7 Acres Land Lot: 99, 17th District, Fulton County, Georgia Owners: George W. Rohrig, Jr., Rohrig Investements, LP, Lilian Bayley, N. W. Mickwee, Leah C. Vanlevver and Michael A. Bradley as attorney in fact on behalf of certain unit owners and as owner of certain units. Applicant: William Bartlett NPU-B Council District 7 

06O1443(59) Z-06-72 An Ordinance by Zoning Committee to rezone from the R-3 (Single-Family Residential)/SPI-12 (Special Public Interest-Buckhead/Lenox Station) Districts to the C-3 (Commercial Residential)/SPI-12 (Special Public Interest-Buckhead/Lenox Station) Districts, property located at 3401 North Stratford Road, NE, fronting approximately 48.85 feet on the northeasterly side of North Stratford Road and approximately 136 feet on the northwesterly side of Peachtree Road (a.k.a. State Route 141). Depth: Varies Area: Approximately .53 Acre Land Lot: 45, 17th District, Fulton County, Georgia Owner: Dante Stepehenson Applicant: Ronald M. Daneault NPU-B Council District 7 

06O1444(60) Z-06-73 An Ordinance by Zoning Committee to rezone from the R-G-2 (Residential General-Sector-2) District to the RG-3 (Residential General-Sector 3) District, property located at 1687 Monroe Drive, NE, fronting approximately 311 feet on the east side of Monroe Drive beginning approximately 331 feet on the southeast corner of Montgomery Ferry Drive. Depth: Varies Area: Approximately 2.7517 Acres Land Lot: 56, 17th District, Fulton County, Georgia Owner: Monroe Northwoods Group, LLC c/o Harbor Community Development Corporation Applicant: Lane Investment and Development, LLC NPU-F Council District 6 

06O1445(61) Z-06-74 An Ordinance by Zoning Committee to rezone from the R-G-3 (Residential General-Sector 3) District to the PD-MU (Planned Development-Mixed Use) District, property located at 3700 Martin Luther King, Jr. Drive, SW, fronting approximately 474.25 feet on the south side of Martin Luther King, Jr. Drive beginning approximately 183 feet from the southwest corner of Adamsville Drive. Depth: Varies Area: Approximately 27 Acres Land Lot: 15, 14th District, Fulton County, Georgia Owner: Atlanta Neighborhood Development Partnership Applicant: Marvin Greer NPU-H Council District 10 

06O1446(62) U-06-16 An Ordinance by Zoning Committee granting a Special Use Permit for a Personal Care Home pursuant to Section 16-06.005(1)(g), property located at 1067 Constitution Road, SE, fronting approximately 110 feet on the south side of Constitution Road and located approximately 1,580 feet west of the southwest corner of Constitution Road and McDonough Road. Depth: Varies Area: Approximately 1.57 Acres Land Lot: 6, 14th District, Fulton County, Georgia Owner: Beverly Callahan Applicant: Charles E. Callahan NPU-Z Council District 1 

06O1569(63) Z-06-76 An Ordinance by Councilmember Kwanza Hall to amend certain sections of the City of Atlanta Zoning Code concerning affordable Housing in the Midtown Special Public Interest Zoning District (SPI-16); and for other purposes. 

06O1571(64) An Ordinance by Councilmember Kwanza Hall to amend Section 16-18P.028(3)(b)(i); to add to existing Midtown Transit Station Area “M” (as depicted on the Map as Exhibit A attached and incorporated by reference); the 7.8 are tract bordered by Spring Street to the east, a development adjacent to 5th Street to the south, Williams street to the east and Peachtree Place NW to the north, (as more particularly described in Exhibit B, also attached and incorporated by reference), (“Subject Property”)

AGENDA

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

TUESDAY, JULY 11, 2006 

ADOPTION OF AGENDA 

APPROVAL OF MINUTES HUMAN RESOURCES 

SECTION C. RESOLUTION 

06R1480( 1) A Resolution by Community Development/Human Resources Committee authorizing the Mayor to enter into a contract, on behalf of the Department of Parks, Recreation and Cultural Affairs, with Southeastern Tennis Courts, Inc. for FC3006007930 for the purpose of resurfacing and repairing tennis and basketball courts at various parks in an amount not to exceed $1,887,144.95. All contracted work shall be charged to and paid from Fund, Account and Center Numbers 1C53 (2005A Park Improvement Bond Fund) 574001 (Facilities Other Than Buildings) N12D05B69999 (Basketball Court improvements, City-Wide) $985,222.00; 1C53 (2005A Park Improvement Bond Fund) 574001 (Facilities Other Than Buildings) N12D04B69999 (Tennis Court Improvements, City-Wide) $443,350.00; and 1C53 (2005A Park Improvement Bond Fund) 574001 (Facilities Other Than Buildings) N12D14B69999 (City Wide Park Furniture & Play Equipment) $458,572.95; and for other purposes. 

PAPERS HELD IN COMMITTEE 

06R1453( 1) A Resolution by Councilmember Jim Maddox authorizing the Mayor to enter into a conservation easement between the City of Atlanta and Coventry Station Partners, LLC for the protection of trees; and for other purposes. (Held 6/27/06 at the request of the developer) 

COMMUNITY DEVELOPMENT SECTION 

E. ORDINANCES FOR SECOND READING 

06O1361( 1) An Ordinance by Community Development/Human Resources Committee authorizing the transfer of appropriations in the amount of $244,948.00 from the Chastain Park Amphitheater Sound Control Fund, Account and Center Number: 3P02 724001 N41S0622QNA0 to the Chastain Park Amphitheater Fund, Account and Center Number: 3P02 723001 N41S0613QNA0; and for other purposes. 

06O1575( 2) An Ordinance by Councilmembers Jim Maddox, H. Lamar Willis, Howard Shook, Kwanza Hall, Carla Smith, Joyce Sheperd, Ivory L. Young, Jr., Cleta Winslow, Ceasar Mitchell, Clair Muller and Anne Fauver adopting the Beltline Tax Allocation District Work Plan for 2006-1010; establishing the intent to expend Beltline Tax Allocation District Funds for specific purposes; authorizing the Atlanta Development Authority and its subsidiaries to execute the Beltline Tax Allocation District Work Plan; and for other purposes. 

F. RESOLUTIONS 

06R1479( 1) A Resolution by Community Development/Human Resources Committee amending Various Projects in the Emergency Shelter Grant (ESG) Program to allow for additional activities, authorizing the Mayor to submit to the U.S. Department of Housing and Urban Development amendments to Atlanta’s Annual Action Plan for the ESG Program; and for other purposes. 

06R1577( 2) A Resolution by Councilmembers Jim Maddox, H. Lamar Willis, Howard Shook, Kwanza Hall, Carla Smith, Joyce Sheperd, Ivory L. Young, Jr., Cleta Winslow, Ceasar Mitchell, Clair Muller and Anne Fauver to establish the Beltline Tax Allocation District Advisory Committee, to appoint initial members, to set forth terms for structure and governance; and for other purposes. 

06R1576( 3) A Resolution by Councilmembers Jim Maddox, H. Lamar Willis, Howard Shook, Kwanza Hall, Carla Smith, Joyce Sheperd, Ivory L. Young, Jr., Cleta Winslow, Ceasar Mitchell, Clair Muller and Anne Fauver adopting an appropriate framework for citizen participation related to the Beltline TAD as outlined in Ordinances No. 05O1733 and for other purposes. 

G. PAPERS HELD IN COMMITTEE 

06O0262( 1) An Ordinance by Councilmember Jim Maddox to amend Chapter 1, Section 101.4(e) of the Building Code Amendments by adding subparagraph (6) to require automatic sprinkler protection systems for all newly constructed single-family dwellings; to repeal conflicting ordinances; and for other purposes. (Held 1/31/06 to review the information package from the Fire Marshal) 

06O0494( 2) An Ordinance by Councilmembers Howard Shook, H. Lamar Willis, Carla Smith, Cleta Winslow, Clair Muller, Ivory Lee Young, Jr., Joyce Sheperd, Natalyn Archibong, Jim Maddox, Kwanza Hall and C. T. Martin as substituted by Community Development/Human Resources Committee to amend the Tree Protection Ordinance to exempt homeowners from recompense and replacement for one tree per year; and for other purposes. (Held 2/14/06 to give the New Arbor Culture Manager an opportunity to review the legislation) 

06O0595( 3) An Ordinance by Community Development/Human CDP-06-07 Resources Committee to amend the Land Use Element of the City of Atlanta 2004-2019 Comprehensive Development Plan (CDP) so as to re-designate property that is located at 292 Gordon Avenue, NE, from the “Low Density Residential” Land Use Designation to the “Low Density Commercial” Land Use Designation; and for other purposes. (Public Hearing held 3/13/06) (Held 3/14/06) (NPU Deferred Recommendation) NPU-N Council District 5 

06O0781( 4) An Ordinance by Councilmember Clair Muller to amend Part 15, Section 15-08.005 of the City of Atlanta Land Development Code regarding curved streets; and for other purposes. (Held 3/28/06 at request of the department for further review of the legislation) 

06R1168( 5) A Resolution by Community Development/Human Resources Committee authorizing the Mayor to enter into a Housing Assistance Payments (HAP) Contract Amendment with Edgewood Center Limited Partnership for the purpose of continuing the Section 8 Moderate Rehabilitation Single Room Occupancy Program sponsored by the U.S. Department of Housing and Urban Development (HUD); and for other purposes. (Held 5/30/06 at the request of the Department) 

06R1170( 6) A Resolution by Community Development/Human Resources Committee to transmit the Draft 2007 Short Term Work Program (STWP) Component of the City of Atlanta’s Comprehensive Development Plan to the State of Georgia Department of Community Affairs. (Held 5/30/06 at the request of the Department) 

06O1160( 7) An Ordinance by Community Development/Human Resources Committee amending the 2006 (Intergovernmental Grant Fund) Budget by adding to anticipations and appropriations fund to increase the budget amount authorized by the U.S. Department of Housing and Urban Development (HUD) for the City of Atlanta Section 8 Moderate Rehabilitation Program (GA269SR005); and for other purposes. (Held 6/13/06 for HUD letter) 

06O1162( 8) An Ordinance by Community Development/Human Resources Committee to amend Chapter 38 of Part 2 of the Atlanta City Code to provide for Cemetery or Burial Ground Disturbance Permits; to amend Section 6-4043 of the Land Development Code to authorize the Urban Design Commission to review and make recommendations on Cemetery or Burial Ground Disturbance Permits; and for other purposes. (Held 6/13/06) (Forwarded to NPU’s and APAB for informational purposes) 

06O1197( 9) An Ordinance by Community Development/Human Resources Committee adopting the 2007 Short Term Work Program (STWP) Component of the City of Atlanta’s Comprehensive Development Plan. (Public Hearing held 6/12/06) (Held 6/13/06 at the request of Bureau of Planning) 

06O1163(10) An Ordinance by Community Development/Human Resources Committee adopting the 2007-2012 City of Atlanta Capital Improvements Program; and for other purposes. (Public Hearing held 6/12/06) (Held 6/13/06 at the request of Bureau of Planning) 

06O1157(11) An Ordinance by Community Development/Human Resources Committee to amend the City of Atlanta’s (City) 2004-2019 Comprehensive Development Plan (CDP), so as to incorporate the Atlanta Beltline Redevelopment Plan into the CDP as a Framework Plan; and for other purposes. (Public Hearing held 6/12/06) (Held 6/13/06 at the request of Bureau of Planning for community input) 

06O1182(12) An Ordinance by Community Development/Human CDP-06-36 Resources Committee to amend the Land Use Element of the City of Atlanta 2004-2019 Comprehensive Development Plan (CDP) so as to re-designate property that is located at 3986-3996 Campbellton Road, 2162 Butner Road, and 2200-2296 Roswell Street, SW from the “Single Family Residential” Land Use Designation to the “Medium Density Residential” Land Use Designation; and for other purposes. (Public Hearing held 6/12/06) (Held 6/13/06 at the request of Bureau of Planning) NPU-P Council District 11 

06O1185(13) An Ordinance by Community Development/Human CDP-06-40 Resources Committee to amend the Land Use Element of the City of Atlanta 2004-2019 Comprehensive Development Plan (CDP) so as to re-designate property that is located at 1416-1454 and 1449 & 1451 Vaughn Street, 1454 & 1458 Memorial Drive, 1411-1453 Woodbine Avenue and 124 & 134 Montgomery Street, SE, from the “Single Family Residential” Land Use Designation to the “Medium Density Residential” Land Use Designation; and for other purposes. (Public Hearing held 6/12/06) (Held 6/13/06 at the request of Bureau of Planning) NPU-O Council District 5 

06O1186(14) An Ordinance by Community Development/Human CDP-06-42 Resources Committee to amend the Land Use Element of the City of Atlanta 2004-2019 Comprehensive Development Plan (CDP) so as to re-designate property that is located at 1155 Hill Street, SE from the “Industrial” Land Use Designation to the “Very High Density Residential” Land Use Designation; and for other purposes. (Public Hearing held 6/12/06) (Held 6/13/06 at the request of Bureau of Planning) NPU-Y Council District 1 

06O1187(15) An Ordinance by Community Development/Human CDP-06-43 Resources Committee to amend the Land Use Element of the City of Atlanta 2004-2019 Comprehensive Development Plan (CDP) so as to re-designate property that is located at 156-212 Lakewood Way, SE from the “Single Family Residential” Land Use Designation to the “Medium Density Residential” Land Use Designation; and for other purposes. (Public Hearing held 6/12/06) (Held 6/13/06 at the request of Bureau of Planning for NPU vote) NPU-Y Council District 12 

06O1192(16) An Ordinance by Community Development/Human CDP-06-45 Resources Committee to amend the Land Use Element of the City of Atlanta 2004-2019 Comprehensive Development Plan (CDP) so as to re-designate properties located in the Memorial Drive Corridor Study Plan, from Various Land Use Designations to Various Land Use Designations; and for other purposes. (Public Hearing held 6/12/06) (Held 6/13/06 at the request of Bureau of Planning, waiting on vote from NPU) NPU’s “V” and “W” Council Districts 1 & 5 

06O0495(17) An Ordinance by Councilmember Clair Muller to amend Part 15 of the Land Development Code of the Code of Ordinances of the City of Atlanta to allow for the creation of Conservation Subdivisions in the City of Atlanta and to provide standards for their implementation; and for other purposes. (Held 2/15/06 by Zoning Committee) (Referred to CD/HR by Council 6/5/06) (Held 6/13/06 at the request of Bureau of Planning) ITEMS NOT ON THE AGENDA I. ADJOURNMENT

AGENDA

FINANCE/EXECUTIVE COMMITTEE

WEDNESDAY, JULY 12, 2006 

ADOPTION OF AGENDA 

APPROVAL OF MINUTES 

CONSENT AGENDA 

ORDINANCES FOR FIRST READING 

06O1463( 1) An Ordinance by Finance/Executive Committee authorizing the City of Atlanta to waive the Competitive Procurement Provisions in Article X, Procurement and Real Estate Code, of the City of Atlanta Code of Ordinances, on a month-to-month basis to obtain continued services for the Department of Aviation under an expired Contract with Forever Green Interiorscapes, for Interior Landscaping Maintenance Services at Hartsfield-Jackson Atlanta International Airport in an amount not to exceed $47,208.00; all contracted work to be charged to and paid from Fund, Account and Center Number 2H21 (Airport Renewal and Extension Fund) 523001 (Service/Repair/Maintenance Cont.) R21001 (Hartsfield Capital Programs); and for other purposes. 

06O1464( 2) An Ordinance by Finance/Executive Committee authorizing the City of Atlanta to waive the Competitive Procurement Provisions in Article X, Procurement and Real Estate Code, of the City of Atlanta Code of Ordinances, on a month-to-month basis to obtain continued services for the Department of Aviation under an expired Contract with ADT Security Services, Inc, for Technical Support for Airport Dispatch and Communications Center, at Hartsfield-Jackson Atlanta International Airport, for an amount not to exceed $495,000.00; all contracted work to be charged to and paid from Account and Center Number 2H01 (Airport Revenue Fund) 523001 (Service/Repair/Maintenance Cont.) X24002 (Airport Comm Dispatch Center (’97 Budget); and for other purposes. 

06O1486( 3) An Ordinance by Finance/Executive Committee authorizing the Mayor to execute a quitclaim Deed transferring the City of Atlanta’s purported interest obtained by a Tax Deed in property located at 750 Terry Street, SE, Atlanta, Fulton County, Georgia to Dorothy Cusak, the defendant in fi. fa.; and for other purposes 

D. ORDINANCES FOR SECOND READING 

06O1362( 1) An Ordinance by Finance/Executive Committee authorizing the Mayor and the Chief Financial Officer to supervise the expenditure of funds and assure the close-out of Fiscal Year 2005; and for other purposes. 

06O1363( 2) An Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer to write-off $3,259,762.21 on behalf of the Department of Watershed Management, Water and Wastewater accounts receivable, for such accounts rendered uncollectible; and for other purposes. 

06O1364( 3) An Ordinance by Finance/Executive Committee authorizing the transfer of appropriations in the amount of $55,000.00 from Fund, Account and Center Number 1C28 (General government Capital Outlay Fund) 792001 (Reserved Designated) M11X04519985 (Developmental Impact Fees-Transportation) to Fund, Account and Center Numbers 1C28 (General Government Capital Outlay Fund) 774001 (Facilities other than Buildings) M23F04259985 (Preliminary Design and Construction Costs Hermi’s Bridge Project) ($51,667.00) and 1C28 (General Government Capital Outlay Fund) 724001 (Facilities other than Buildings) M23F04259985 (Consultant/Professional Services) ($3,333.00) for the purpose of participating in the Hermi’s Bridge Restoration Project; and for other purposes. 

06O1481( 4) An Ordinance by Councilmember Clair Muller 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, O.C.G.A Section 36-35.1 et. seq., as amended, so as to amend the Charter of the City of Atlanta, Georgia, 1996 GA Laws P. 4469 et seq., by amending Article 6, Chapter 1, Section 6-101 (f) to provide the city with the discretion to charge front footage fees; to repeal conflicting ordinances; and for other purposes. (2nd Reading, 1st Adoption) 

06O1568( 5) An Ordinance by Councilmember Howard Shook to (1) provide for the issuance and sale of Tax Allocation Bond Anticipation Notes (Beltline Project), Series 2006, in the aggregate principal amount not to exceed $_____ (The “Series 2006 Bans”), (2) Provide for the issuance and sale of Tax Allocation Bonds (Beltline Project), Series 2006 in the aggregate principal amount not to exceed $_____ (The “Series 2006 Bonds”), for the purpose of refunding the Series 2006 Bans and providing funds to pay, or to be applied or contributed toward, the payment of redevelopment costs associated with the projects identified on Schedule 1 hereto (The “2006 Projects”); (3) to amend certain provision of the City’s Ordinance Number 05O1733 (4) An Ordinance by Finance/Executive Committee to authorize and approve the designation and further delegation of its redevelopment powers to Atlanta Beltline, Inc., a subsidiary of the Atlanta Development Authority to act as redevelopment agent for the Beltline TAD (5) to authorize paying expenses incident to accomplishing the foregoing; (6) to authorize the execution of financing documents in respect of projects in the Beltline TAD including the 2006 Projects, including a Master Indenture of Trust in respect of the Beltline Project, a First Supplemental Indenture of Trust with respect to the Series 2006 Bans, A Second Supplemental Indenture of Trust with respect to the Series 2006 Bonds, an Intergovernmental Agreement with Fulton County, an Intergovernmental Agreement with the School Board, a Note Placement Contract and Bond Purchase Agreement and for certain other related purposes, all in connection with the issuance and sale of the foregoing described Series 2006 Bans and Series 2006 Bonds. 

06O1574( 6) An Ordinance by Councilmember Clair Muller amending the 2006 (Airport Passenger Facility Charge Fund and Airport Revenue Fund) Budgets by transferring to and from appropriations the amount of $22,000,000.00 of Passenger Facility Charge Revenue for the purpose of Funding Debt Service Charges associated with Runway 10-28 (5th Runway) at the Hartsfield-Jackson Atlanta International Airport; and for other purposes. E. RESOLUTIONS 

06R1482( 1) A Resolution by Finance/Executive Committee authorizing the Mayor or her designee to enter into a Cooperative Purchasing Agreement pursuant to Section 2-1601 et. seq. of the City of Atlanta Code of Ordinances, utilizing State of Georgia Contract #S-040750 with Kustom Signals, Inc., for the purchase of digital video equipment, on behalf of the Department of Police,, in an amount not to exceed $69,050.00; All contracted work shall be charged to and paid from Fund, Account and Center Number 1B02 (Intergovernmental Grant Fund) 575001 (Equipment) X11T0762B5J0 (Justice Assistance Grant): and for other purposes. 

06R1483( 2) A Resolution by Finance/Executive Committee authorizing the Mayor or her designee to enter into a Cooperative Purchasing Agreement pursuant to Section 2-1601 et. seq. of the City of Atlanta Code of Ordinances, utilizing State of Georgia Contract #A63307 with Dell Marketing, L.P. for the purchase of twenty (20) Laptop Computers, on behalf of the Department of Police, in an amount not to exceed $47,753.60; all contracted work shall be charged to and paid from Fund, Account and Center Number 1B02 (Intergovernmental Grant Fund) 521105 (Supplies, Non-Consumable) X11T0762B5J0 (Justice Assistance Grant); and for other purposes. 

06R1484( 3) A Resolution by Finance/Executive Committee authorizing the Mayor or her designee to enter into a Cooperative Purchasing Agreement pursuant to Section 2-1601 et. seq. of the City of Atlanta Code of Ordinances, with Noritsu America Corporation, utilizing the State of Georgia Contract 1122 Program for the purchase of photo lab equipment, on behalf of the Department of Police, in an amount not to exceed $101,232.00; all contracted work shall be charged to and paid from Fund, Account and Center Number 1B02 (Intergovernmental Grant Fund) 575001 (Equipment) X11T0762B5J0 (Justice Assistance Grant); and for other purposes. 

06R1485 4) A Resolution by Finance/Executive Committee authorizing the Mayor or her designee to enter into a Cooperative Purchasing Agreement pursuant to Section 2-1601 et. seq. of the City of Atlanta Code of Ordinances, utilizing State of Georgia Contract #A63307 with Dell Marketing, L.P. for the purchase of 125 Dell Opitplex GX620 Computers, on behalf of the Department of Police, in an amount not to exceed $193,625.00; al contracted work shall be charged to and paid from Fund Account and Center Number 1B02 (Intergovernmental Grant Fund) 521105 (Supplies, Non-Consumable) X11T0762B5J0 (Justice Assistance Grant); and for other purposes. 

F. PAPERS HELD IN COMMITTEE 

06O0380( 1) A Substitute Ordinance by Finance/Executive Committee 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, O.C.G.A. Section 36-35-1 et seq., as amended, so as to amend the Charter of the City of Atlanta, Georgia, 1996 GA Laws P. 4469, et seq., by amending Article 3, Chapter 1, Section 3-104 (14) so as to adjust the limitations upon the Mayor’s procurement authority from $100,000.00 to $1,000,000.00; to amend Article 6, Chapter 4, Section 6-402, so as to adjust the limitations on the Mayor’s small purchase authority from $20,000.00 to $1,000,000.00 and to adjust the threshold requirement for approval of competitively procured contracts by the City Council of Atlanta from $100,000.00 to $1,000,000.00; to repeal conflicting ordinances; and for other purposes. (Held 2/15/06 to allow additional discussion and review in Committee Work Sessions) 

06O0381( 2) An Ordinance by Finance/Executive Committee to amend Chapter 2, Article III, Sec. 2-176 and Chapter 2, Article X of the Code of Ordinances of the City of Atlanta, to provide more efficient, effective standards and procedures to better manage the Procurement Process in the City of Atlanta; to repeal conflicting Ordinances; and for other purposes. (Held 2/15/06 to allow additional discussion and review in Committee Work Sessions) 

06O0787( 3) An Ordinance by Councilmember Ceasar C. Mitchell to amend the Code of the City of Atlanta, Georgia by adding to Section 2-183; Department Heads Under Supervision and Direction of the Mayor; Exception Responsibilities; and for other purposes. (Held 3/29/06 at the request of the author) 

06O1335( 4) An Ordinance by Councilmembers Ceasar C. Mitchell, Howard Shook and Clair Muller as substituted by Finance/Executive Committee to amend Section 146-26 (b), (c), (d), (e) and (f) of the Code of Ordinances of the City of Atlanta so as to change the Ad Valorem Tax Rate of Real and Personal Property for the General Levy, Debt Levy, City Parks Levy, School Operating Levy, School Debt Levy and the Special Tax District Levy; to provide that the Tax Rates established herein shall remain fixed each year until amended or repealed; to repeal conflicting laws; and for other purposes. (Held 6/14/06 pending determination of millage rate) 

06O1338( 5) An Ordinance by Finance/Executive Committee to amend Chapter 2, Article X, Division 4, Section 2-1188 (C) of the City of Atlanta Code of Ordinances, to change the means by which public notice of contract opportunities is given, by providing for online solicitations for procurement services which are not governed by state law, and repealing the requirement that solicitations be advertised in a newspaper of general circulation; and for other purposes. (Held 6/28/06 for further discussion with the overall procurement Code Revisions) 

06R1450( 6) A Resolution by Councilmembers Mary Norwood and Ceasar M. Mitchell as substituted by Finance/Executive Committee authorizing the Mayor or her designee to enter into an appropriate agreement with the State of Georgia Department of Transportation to accept funding in the amount of $86,000.00 for the removal of litter from state highways within the City Limits in furtherance of the City’s partnership with the Department of Transportation to provide employment opportunities to homeless individuals; and for other purposes. (Held 6/28/06 at the request of the author to allow the DOT to finalize the scope of work.) 

06O1451( 7) An Ordinance by Councilmembers Mary Norwood and Ceasar Mitchell as substituted by Finance/Executive Committee amending the 2006 (Solid Waste Services Revenue Fund) Budget by adding to anticipations and appropriations the amount of $86,000.00 from the State of Georgia Department of Transportation for the purpose of funding litter removal within the City Limits in furtherance of the City’s partnership with the Department of Transportation to provide employment opportunities for homeless individuals; and for other purposes. (Held 6/28/06 at the request of the author to allow the DOT to finalize the scope of work) ITEMS NOT ON THE AGENDA H. ADJOURNMENT

AGENDA

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

AGENDA JULY 11, 2006 

A. ADOPTION OF AGENDA 

B. APPROVAL OF MINUTES CONSENT C. RESOLUTIONS 

Claims with favorable recommendations: 

06-R-1490 ( 1) Claim of State Farm Insurance Companies, as subrogee of insured, Joseph Cameli, for property damages alleged to have been sustained when a tree fell on a residence on March 12, 2005 at 619 Gresham Avenue. $36,900.01 

06-R-1491 ( 2) Claim of Charles Weathers, for damages alleged to have been sustained as a result of a tree falling onto his building on August 13, 2005 at 39 West Wesley Road. $29,738.02 

06-R-1492 ( 3) Claim of Barbara Parks, for damages alleged to have been sustained as a result of flooding on September 16, 2004 at 1143 Fair Street. $20,383.00 

06-R-1493 ( 4) Claim of Lisa Ingram, through her Attorney, Mac C. Pilgrim, Esq., Foy & Associates, for bodily injuries alleged to have been sustained from driving over a manhole that was elevated well above the street level on June 9, 2006 at Deckner Avenue, SW and Fairbanks Street, SW. $8,585.00 

06-R-1494 ( 5) Claim of Tiffany Begin, through her attorney, Bhrett Pizza, for damages alleged to have been sustained as a result of a vehicular accident on April 2, 2005 at Joseph E. Lowery Boulevard and Rose Circle. $6,500.00 

06-R-1495 ( 6) Claim of Robert Hill, for damages alleged to have been sustained as a result of driving over an unsecured metal plate on October 17, 2005 at 8th and Spring Streets. $3,371.85 

06-R-1496 ( 7) Claim of Daniel Miles, for damages alleged to have been sustained when a vehicle drove over a construction site that was left open and in an unsafe manner on February 25, 2006 at 3300 Peachtree Road, NE. $2,771.79 

06-R-1497 ( 8) Claim of Alicia Biggs, through her attorney, Fred Lerner, Attorney, for bodily injuries alleged to have been sustained as a result of a vehicular accident on June 16, 2005 at 23 Claire Drive, SW. $2,365.00 

06-R-1498 ( 9) Claim of Kurt Ptacek, for damages alleged to have been sustained as a result of an automobile accident on March 13 2006 at Monroe Drive and Hill Pine Drive. $1,289.07 

06-R-1499 (10) Claim of Freeman Decorating, c/o Patti Goulding, for damages alleged to have been sustained when tractor trailers were driven over a broken storm sewer drain from May 10, 2005 through May 24, 2005 at 950 Joseph E. Lowery Boulevard. $856.89 

06-R-1500 (11) Claim of Justin Heeter, for damages alleged to have been sustained as a result of driving over an unsecured metal plate on February 7, 2006 at 532 Cleveland Avenue. $848.00 

06-R-1501 (12) Claim of GEICO, as subrogee of insured, Jennifer Freeman, for damages alleged to have been sustained when a vehicle drove over a construction site that was left open and in an unsafe manner on January 10, 2006 at 2220 Campbellton Road, SW. $763.05 

06-R-1502 (13) Claim of Dianne M. Leland, for vehicle damage alleged to have been sustained as a result of driving over a construction cut on March 27, 2006 at 110 Crescent Avenue. $733.67 

06-R-1503 (14) Claim of Ernest Wheeler, for damages alleged to have been sustained as a result of driving over an unsecured metal plate on September 24, 2005 at 8th and Spring Streets. $702.16 

06-R-1504 (15) Claim of Evan Hardy, for damages alleged to have been sustained as a result of driving over an unsecured construction cut on February 3, 2006 at 532 Cleveland Avenue. $677.50 

06-R-1505 (16) Claim of T. C. Collier, for property damages allegedly sustained from a sewer backup on July 20, 2004 at 3330 Wood Valley Road. $689.00 

06-R-1506 (17) Claim of Roberta Weitzman, for vehicle damages alleged to have been sustained as a result of tripping and falling due to an uneven sidewalk on March 24, 2006 at 798 North Highland Avenue. $559.01 

06-R-1561 (18) Claim of Darryl J. Ferguson, for property damages alleged to have been sustained from flooding due to an improperly restored sidewalk and curb from October 2002 through February 15, 2006 at 1250 Martin Luther King, Jr Drive, SW. $8,200.00 

06-R-1562 (19) Claim of Dr. Amaryllis N. Grogan, for damages alleged to have been sustained as a result of a sewer backup on February 7, 2006 at 1723 Martin Luther King, Jr. Drive, Apartments C&D. 5,000.00 

06-R-1563 (20) Claim of Steven H. Austin, 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 Road, NE. $2,232.47 

Claims with unfavorable recommendations: 

06-R-1507 (21) Claim of Mattie Sands, through her attorney, Sam Starks, for damages alleged to have been sustained as a result of flooding on February 23, 2006 at 1794 Alvarado Terrace. 

06-R-1508 (22) Claim of Mae F. Gordon, for damages alleged to have been sustained as a result of flooding on July, 6, 2005 at 71 Fort Street, Apartment D. 

06-R-1509 (23) Claim of Dera Waters, for damages alleged to have been sustained as a result of a sewer backup on September 16, 2004 at 2256 Carey Drive, SE. 

06-R-1510 (24) Claim of Keith Prewitt, for damages alleged to have been sustained as a result of a water main break on June 15, 2004 at 975 Lindridge Drive, NE. 

06-R-1511 (25) Claim of Darry L. Coverson, Sr., for damages alleged to have been sustained as a result of flooding on May 26, 2004 at 2295 Brooks Avenue, NW. 

06-R-1512 (26) Claim of Albert Johnson, Jr., for damages alleged to have been sustained from a flooding due to storm water overflow on September 15, 2004 at 972 Lawton Street, SW. 

06-R-1513 (27) Claim of Kenneth Millar, through his attorney, Terry L. Strawser, for damages alleged to have been sustained as a result of a sewer backup on July 10, 2005 at 11 Albermarle Drive. 

06-R-1514 (28) Claim of State Farm Insurance Companies, as subrogee of insured, Gregory S. Bianchi, for damages alleged to have been sustained from a sewer backup on May 31, 2005 at 2670 Ridgemore Road, NW. 

06-R-1515 (29) Claim of Robert B. Carlisle, Jr., for vehicular damages alleged to have been sustained from an automobile accident on July 6, 2005 at 155 Loring Drive, NW. 

06-R-1516 (30) Claim of Hank Mclarty, for damages alleged to have been sustained during the installation of a curb in July 2004 at 3860 Club Drive. 

06-R-1517 (31) Claim of Cynthia Mincey, for damages allegedly sustained as a result of driving over a pothole on July 15 2005 at 1292 Metropolitan Parkway. 

06-R-1518 (32) Claim of Richard Durepo, through his attorney, Genet M. Hopewell, Esq., for bodily injuries alleged to have been sustained after stepping into a hole in the right-of-way on February 25, 2005 at 2929 Peachtree Road, NE. 

06-R-1519 (33) Claim of Constance Hughey, for damages alleged to have been sustained as a result of a flooding on July 11 and July 12, 2005 at 1307 Gideons Drive, SW. 

06-R-1520 (34) Claim of Penelope Dewberry, for damages alleged to have been sustained as a result of a sewer backup on August 14, 2005 at 2207 Delano Drive, NE. 

06-R-1521 (35) Claim of Michael David Mizerak, through his attorney, Jacqueline Marcucci, for damages alleged to have been sustained as a result of a sewer easement located on property located at 484 Waldo Street. 

06-R-1522 (36) Claim of Tara Nicole Welch and Ted William Smith, through their attorney, Jacqueline Marcucci, for damages alleged to have been sustained as a result of a sewer easement located on property located at 480 Waldo Street. 

06-R-1523 (37) Claim of Karen M. Talbot, through her insurance company, Liberty Mutual, for property damages alleged to have been sustained as a result of a tree branch on April 22, 2006 at Oakdale Street. 

06-R-1524 (38) Claim of Frederick Hill, for damages alleged to have been sustained as a result of striking a pothole on January 21, 2006 on North Avenue. 

06-R-1525 (39) Claim of Ronald Moore, for damages alleged to have been sustained as a result of a rock thrown by a lawn mower on May 3, 2006 at Maddox Park, 1115 Donald L. Hollowell Parkway. 

06-R-1526 (40) Claim of Chandrika Pharr, through her Attorney, Daniel C. Jason, Esq., for bodily injuries alleged to have been sustained after stepping on a manhole cover that collapsed on January 24, 2006 at 545 Lee Street, SW. 

06-R-1527 (41) Claim of Alice A. Shook, through her attorney, Rory S. Chumley, Esq., Montlick & Associates, for bodily injuries alleged to have been sustained after tripping and falling on a broken section of sidewalk on October 11, 2005 at 3491 One Buckhead Loop. 

06-R-1528 (42) Claim of Jay C. Jacquin, for vehicular damages alleged to have been sustained as a result of striking an open construction cut on August 6, 2005 at 797 Yorkshire Road. 

06-R-1529 (43) Claim of Stanley Walker, for damages alleged to have been sustained as a result of a flooding on August 13, 2005 at 3668 Bunker Hill Drive. 

06-R-1530 (44) Claim of Bruce F. Walker, for damages alleged to have been sustained as a result of striking a water valve cover in the roadway on November 29, 2005 between 1107 and 1115 East Beechwood Drive. 

06-R-1531 (45) Claim of Clarence Everette, through his attorney, C. Ron Smith, Esq., Montlick & Associates, P. C., for bodily injuries alleged to have been sustained from a fall on February 11, 2006 at 395 Piedmont Avenue, NE. 

06-R-1532 (46) Claim of Mildred S. Cohen, for property damages alleged to have been sustained to a driveway on March 1, 2006 at 1131 Milmar Drive, NW. 

06-R-1533 (47) Claim of Q. Pauline Dennard, for damages alleged to have been sustained as a result of a flooding on November 2, 2004 at West Paces Ferry Road and Northside Parkway. 

06-R-1534 (48) Claim of Annie Duffy and Annie Parker, through their attorney, Sam Starks, for damages alleged to have been sustained as a result of a flooding on February 23, 2006 at 1788 South Olympian Way. 

06-R-1535 (49) Claim of Robert Ponder and Alma Ponder, through their attorney, Sam Starks, for damages alleged to have been sustained as a result of a flooding on February 23, 2006 at 1797 Alvarado Terrace. 

06-R-1536 (50) Claim of Golder Associates, Inc., through their insurer, Zurich North America, for bodily injuries alleged to have been sustained after falling into a construction site that was left open in the sidewalk on September 8, 2003 at 55 Martin Luther King, Jr. Drive. 

06-R-1537 (51) Claim of James A. Tucker, for damages alleged to have been sustained as a result of an incident on February 6, 2004 at 494 Boulevard, SE. 

06-R-1538 (52) Claim of Gwendolyn R. Shivers and Mamie L. Robinson, through their attorney, Charles M. Hall, Esq., for property damages alleged to have been sustained from the bombardment of errant golf balls being hit on a continuous basis at 1053 Cascade Circle, SW. 

06-R-1539 (53) Claim of State Farm Insurance, as subrogee of Steven Austin, 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 Road, NE. 

06-R-1540 (54) Claim of Bertha Pearson, Barbie Pearson and Nyoka Pearson, through their attorney, Sam Starks, for damages alleged to have been sustained as a result of flooding on February 23, 2006 at 1804 Alvarado Terrace. 

06-R-1541 (55) Claim of Linda and Ray Weaver, through their attorney, Sam Starks, for damages alleged to have been sustained as a result of flooding on February 23, 2006 at 1798 Alvarado Terrace. 

06-R-1542 (56) Claim of Sonya McClain, through her insurance carrier, State Farm Insurance Companies, for damages alleged to have been sustained as a result of a vehicular accident on December 9, 2004 at 2517 Bankhead Highway, NW. 

06-R-1543 (57) Claim of Linda J. Wells, for damages alleged to have been sustained as a result of flooding in July 2005 at 1303 Gideons Drive, SW. 

06-R-1544 (58) Claim of Rubye Campbell, for vehicular damages alleged to have been sustained as a result of an object falling from a city vehicle on April 19, 2006 on Interstate 20. 

06-R-1545 (59) Claim of Nedra Byers, for damages alleged to have been sustained due to a broken storm sewer on March 29, 2006 at 3705 Paces Valley Road, NW. 

06-R-1546 (60) Claim of Maureen Miller, for damages alleged to have been sustained as a result of driving over a construction cut on December 13, 2005 at Peachtree Dunwoody Road near Winall Down Road. 

06-R-1547 (61) Claim of Barbara Sanders, for property damages alleged to have been sustained due to a sewer backup in May 2005 at 2298 Barge Road, SW. 

06-R-1548 (62) Claim of Nanette Floyd, for damages alleged to have been sustained as a result of striking a pothole on April 28, 2004 at 732 Highland Avenue. 

06-R-1549 (63) Claim of Cornelia Gunn, for property damages alleged to have been sustained from a flooding due to storm water overflow on September 16, 2004 at 966 Lawton Street, SW. 

06-R-1550 (64) Claim of Joseph L. Walker, for vehicular damages alleged to have been sustained when a vehicle drove over a construction site that was left open and in an unsafe manner on November 28, 2004 at 1629 Monroe Drive, NE. 

06-R-1551 (65) Claim of Zurich Insurance Company, as subrogee of Lisa McRae, through its attorney, Michael R. Braun, for damages alleged to have been sustained during the repair of a water meter on January 27, 2004 at 2171 Virginia Place, NE. 

06-R-1552 (66) Claim of Ana M. Fernandez, through her attorney, W. Bryant Green, III, for damages alleged to have been sustained as a result of a slip and fall incident in an uncovered water meter on January 3, 2004 at 852 Confederate Avenue, SE. 

06-R-1553 (67) Claim of Luevata Miller, for damages alleged to have been sustained as a result of flooding on July 5 and July 6, 2005 at 1123 Metropolitan Parkway, SW. 

06-R-1554 (68) Claim of Jerry Bernstein, for damages alleged to have been sustained as a result of a flooding on August 13, 2005 at 4520 Commerce Circle. 

06-R-1555 (69) Claim of Michael Brown, for damages alleged to have been sustained as a result of a sewer line near his home on an on-going basis at 1278 Avalon Place. 06-R-1564 

(70) Claim of Tracy Daniel Hass, for property damages alleged to have been sustained as a result of a vehicular accident on February 28, 2006 at 708 Spring Street, NW. 

06-R-1565 (71) Claim of Kevin Yeargins, through his attorney, Laurie S. Robbins, for damages alleged to have been sustained as a result of a slip and fall incident on March 19, 2004 at 40 Marietta Street. 

D. ORDINANCES FOR FIRST READING 

06O1473( 1) An Ordinance by Public Safety and Legal Administration Committee amending the 2006 (Intergovernmental Grant Fund) Budget, Department of Police and Non-Departmental, by adding to anticipations and appropriations in the amount of $895,454.00 for a Justice Assistance Grant from the United States Department of Justice, to enhance police programs to suppress crimes; and for other purposes.

06O1474( 2) An Ordinance by Public Safety and Legal Administration Committee to amend Ordinance Number 06O0192 by amending the 2006 (Intergovernmental Grant Fund) Budget, Department of Police, by adding to anticipations and appropriations in the amount of $649,97.30; to increase the amount of the grant award from the State of Georgia Office of Homeland Security; to correct the Fund, Account and Center Number; and for other purposes. 

REGULAR 

E. ORDINANCES FOR SECOND READING 

06O1354 ( 1) An Ordinance by Public Safety and Legal Administration Committee to correct Ordinance Number 06O0228to amend the 2006 (Intergovernmental Grant Fund) Budget, Department of Police, by adding to anticipations and appropriations in the amount of $8,000,000.00; to accurately appropriate matching funds; to correct the Center Number; and for other purposes. 

06O1378 ( 2) An Ordinance by Public Safety and Legal Administration Committee to amend Chapter 1, Section 1-8 and Chapter 10, Article II, Division 2, Subdivision III, Section 10-109(D) of the City of Atlanta Code of Ordinances, to increase the maximum fine imposed for each violation relating to the sale of alcoholic beverages by the drink for consumption on the premises; and for other purposes. 

06O1570( 3) An Ordinance by Councilmembers Kwanza Hall and Anne Fauver to amend Chapter 150, Article vii, Section 150-296 of the Code of Ordinances of the City of Atlanta prohibiting cruising by more specifically identifying some areas in Midtown Atlanta previously identified as “No Cruising Zones,” for the purposes of signage. 

F. RESOLUTIONS 

06R1475( 1) A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to enter into an appropriate contractual agreement for FC-7624-03, Inmate Commissary and Trust Fund Management Services with Swanson Services Corporation, exercising the second of two one year renewals on behalf of the Department of Corrections, in an amount not to exceed $250,000.00 per year to be charged to and paid from Fund, Account and Center Number: 1A01 524001 12I001; All revenue generated under the contract shall be deposited to the Fund, Account and Center Number: 3P02 494008 I21C29999; and for other purposes. 

06R1476( 2) A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to renew a Lease Agreement, on behalf of the Department of Police, with the Vine City Housing Ministry, Inc., for the rental of 1,707 square feet of office space, located at 612 Magnolia Street Atlanta, Georgia for the Zone One Mini-Precinct beginning September 1, 2006 until August 31, 2009, in an amount not to exceed $1.00 annually. All charges shall be paid from Fund, Account and Center Number: 1A01 525001 X42001. 

06R1477( 3) A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to renew a Lease Agreement, on behalf of the Department of Police, with the Trustees, Israel Baptist Church, for the rental of 9,000 square feet of office space, located at 2025 Hosea Williams, Drive, SE for the Zone Six Precinct beginning October 1, 2006 until September 30, 2009, in an amount not to exceed $76,411.56 annually. All charges shall be paid from Fund, Account and Center Number: 1A01 525001 X42006. 

06R1478( 4) A Resolution by Public Safety and Legal Administration Committee authorizing the Mayor to renew a Lease Agreement, on behalf of the Department of Police, with the Halpern-Oppenheimer Family Foundation, for the rental of 700 square feet of office space, located at 3565-10 Martin Luther King, Jr. Drive, Atlanta, Georgia, for the Zone Four Mini-Precinct, beginning August 1, 2006 until July 31, 2009, in an amount not to exceed $1.00 annually. All charges shall be paid from Fund, Account and Center Number: 1A01 525001 X42004. 

06R1489( 5) A Resolution by Public Safety and Legal Administration Committee authorizing the settlement of all claims against the City of Atlanta in the case of Mary Coachman v. City of Atlanta, Georgia, et al. Superior Court, Fulton County, Civil Action File No. 06CV115209, in the amount of $14,866.00; authorizing said payment to be charged to and paid from Fund 1A01 (General Fund), Account 529017 (Property Liquidation) and Center Number T31001 (Non-Departmental); authorizing the Chief Financial Officer to distribute the settlement amount; and for other purposes. 

G. PAPERS HELD IN COMMITTEE 

06O0204( 1) An Ordinance by Councilmember Jim Maddox to amend Article XXIV, Section 30-1461 et seq. of the Code of Ordinances of the City of Atlanta, Georgia entitled “Vending on Private Property” so as to adopt the recommendations of the Private Property Vending Policy and Advisory Committee said recommendations being hereto attached as Exhibit “A”; to repeal conflicting Ordinances; and for other purposes. (Held 1/10/06 for further review) (Work session held 2/22/06) 

06-R-0433 ( 2) Claim of Robert Colgin, for damages alleged to have been sustained as a result of flooding on July 9, 2005 at 3340 Chatham Road, NW. (Referred back by Council 2/20/06) (Held 2/28/06 for further investigation at the request of Councilmember Muller) 

06-R-0633 ( 3) Claim of Gregory V. Burson, Jr., for damages alleged to have been sustained as a result of striking an open construction cut on January 18, 2006 at 832 Pryor Street, SW. (Held 3/14/06 for further investigation at the request of Councilmember Smith) 

06O1044( 4) An Ordinance by Councilmembers H. Lamar Willis and C. T. Martin to amend the Code of Ordinances of the City of Atlanta, Georgia, Chapter 162, Article 2, Section 162-61(a) and Chapter 162, Article 2, Section 162-34(f) to allow short breaks in service for Taxicabs; to allow the Chief of Police or his designee, discretion to grant further extension for correction slip matters; to repeal conflicting ordinances; and for other purposes. (Held 5/9/06 at the request of Councilmember Martin) 

06O1045( 5) An Ordinance by Councilmembers H. Lamar Willis and C. T. Martin to amend the Code of Ordinances of the City of Atlanta, Georgia, Chapter 162, Article 2, Section 162-57(a)(3) so as to delete residency requirements for securing or maintaining Vehicle for Hire CPNC’s; to repeal conflicting ordinances; and for other purposes. (Held 5/9/06 at the request of Councilmember Martin) 

06O1142( 6) An Ordinance by Public Safety and Legal Administration Committee to waive Section 2-1854 of the City of Atlanta Code of Ordinances to allow for the re-appointment of Barney Simms to the License Review Board; and for other purposes. (Held 6/13/06 for further review) H. ITEMS NOT AGENDA I. ADJOURNMENT

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