The City of Atlanta's City Council Minutes

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ATLANTA CITY COUNCIL

AGENDA

May 21, 2007

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

Order of Business for the Atlanta City Council

Monday, May 21, 2007

The Honorable Lisa M. Borders, Presiding

1:00 P.M.

1. Call to Order

2. Roll Call

3. Invocation

4. Pledge of Allegiance

Page

5. Proclamations, Commendations and other Special Awards 2

6. Remarks by the Public

7. Report of the Journal

8. Communications 2

9. Adoption of Agenda

10. Consideration of Vetoed Legislation

11. Unfinished Business

12. Consent Agenda

13. Report of Standing Committees Committee Chairs Pages

Committee on Council** Felicia A. Moore 31

City Utilities Committee* Carla Smith 35

Community Development/Human

Resources Committee Jim Maddox 39

Public Safety and Legal

Administration Committee Cleta Winslow 48

Transportation Committee Clair Muller 52

Zoning Committee Ivory L. Young, Jr. 55

Finance/Executive Committee Howard Shook 76

14. Personal Papers/Resolutions for immediate consideration

15. Personal Papers and General Remarks

16. Adjournment: Roll Call

* No Report

** No Report at Time of Agenda Preparation

*** Items that did not appear on any committee’s regular printed agenda. (Pages 13, 14, 30 & 78)

5. PROCLAMATIONS, COMMENDATIONS AND OTHER SPECIAL AWARDS

Councilmember Anne Fauver – proclamation being presented to:

In Honor of Grady High School’s Mock Trial Debate Team

8. COMMUNICATIONS

07C1004( 1) A Communication by Chief Procurement Officer Adam L. Smith submitting the April 2007 Monthly Contracts Report to the Atlanta City Council and Clerk of Council pursuant to Section 2-1142 of the Atlanta City Code of Ordinances.

RECOMMENDATION TO FILE

07-C- 1005 ( 2) A Communication by Councilmember H. Lamar Willis re-appointing Mrs. Vernell Moseley to serve as a member of the Atlanta Commission on Women. This re-appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation.

TO BE REFERRED TO COMMITTEE ON COUNCIL

C O N S E N T A G E N D A

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

SECTION I

ORDINANCES FOR SECOND READING

CITY UTILITIES COMMITTEE - CARLA SMITH, CHAIR

07O0708( 1) An Ordinance by City Utilities Committee amending the FY 2007 (2004 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 South River Upgrade-Headworks Project; and for other purposes.

07O0709( 2) An Amended Ordinance by City Utilities Committee authorizing the Chief Financial Officer to amend the 2007 (Water and Wastewater) Budget, on behalf of the Department of Watershed Management, in the amount of $6,411,111.78 by transferring funds from 2J27 (2001 Water & Wastewater Bond Fund) 791001 (Reserve for Appropriations) T11001 (Reserve of Fund Appropriations) to 2J27 (2001 Water and Wastewater Bond Fund) 729023 (Arbitrage Rebate) T31001 (Unallocated Fund Wide Expenses), to pay an installment of Rebatable Arbitrage for the Water Wastewater Revenue Bonds 2001C (ARC) and Series 2001C (Variable Rate Demand) to the Internal Revenue Service; and for other purposes.

07O0710( 3) An Amended Ordinance by City Utilities Committee authorizing the Chief Financial Officer to amend the Fiscal Year (2007 Water and Wastewater Bond Fund) Budget on behalf of the Department of Watershed Management, in the amount of $11,200,000.00 to transfer funds from the Reserve for appropriations for Water and Wastewater Improvements for the McDaniel Glenn Revitalization Project; and for other purposes.

07O0732( 4) An Amended Ordinance by City Utilities Committee authorizing the Mayor or her designee to execute all appropriate documents for the acquisition of certain permanent easements, temporary construction easements, rights-of-way or other necessary property interests associated with Sewer Group One Rehabilitation Projects, Sewer Group Two Rehabilitation Projects, Sewer Group Three Rehabilitation Projects, Sewer Group Four Rehabilitation Projects, Sewer Group Five Rehabilitation Projects and Sewer Group Six Rehabilitation Projects; to negotiate with property owners to acquire necessary permanent easements, temporary construction easements, rights-of-way or other necessary property interests, including condemnation proceedings; authorizing the waiver of applicable portions of Article X of the City’s Real Estate and Procurement Code; authorizing the City Attorney to proceed with the Declaration of Taking Method authorized by O.C.G.A. §§22-3-140 and 32-3-4 to acquire title to rights-of-way, easements and other related property interests necessary to complete the Sanitary Sewer Rehabilitation Projects, on behalf of the Department of Watershed Management; all contracted work will be charged to and paid from the appropriate Account and Center Numbers associated with Funds 2J21, 2J27 and 2J28 and future Water and Sewer Bond Funds; and for other purposes.

07O0733( 5) An Ordinance by City Utilities Committee authorizing the Mayor or designee to enter into appropriate Railroad Crossing Agreements with CSX Transportation, Inc. and Norfolk Southern Railway Company associated with Sewer Group One Rehabilitation Projects, Sewer Group Three Rehabilitation Projects, Sewer Group Four Rehabilitation Projects, Sewer Group Five Rehabilitation Projects, and Sewer Group Six Rehabilitation Projects, on behalf of the Department of Watershed Management; all costs associated with said agreements will charged to and paid from the appropriate Account and Center Numbers of Funds 2J21 and 2J28 and future Water and Sewer Bond Funds; and for other purposes.

07O0734( 6) An Amended Ordinance by City Utilities Committee authorizing automobile expense reimbursement for the following position Numbers: 45850, 45891, 45423, 45849, 10020, 21052, 21053, 21056, 21057, 45857, 45859, 45894, 45895, 45851, 45858, 45896, 45897, 45898, 45904, 19270, 45900, 45901, 45902, 45892 and 45893 on behalf of the Department of Public Works, to be charged to and paid from Fund, Account and Center Number: 1C50 (2004 Quality of Life Fund) 527005 (Auto Allowance) M65001 (Project Development & Implementation); and for other purposes.

07O0755( 7) An Ordinance by City Utilities Committee authorizing the Chief Financial Officer to amend the FY 2007 (Water and Wastewater Renewal and Extension Fund) Budget in the amount of $8,345,501.86 for the purpose of providing additional funding for Contract FC-7093-99, Program Management Services for the Atlanta Wastewater System Improvements Program, for Renewal Agreement No. 2, for the period of May 27, 2007 to May 26, 2008; and for other purposes.

07O0995( 8) An Ordinance by Councilmembers Carla Smith and Ivory Lee Young, Jr. as substituted by City Utilities Committee authorizing the abandonment of obsolete sewer easements on certain property located in Land Lots 149 and 150 of the 17^th District of Fulton County, Georgia; authorizing the acceptance of new sewer easements for the new sewer improvements constructed by Tivoli 643 Holdings, LLC, or any successor, and as dedicated by Tivoli 643 Holdings, LLC; authorizing the Mayor to execute any necessary documents and instruments for these purposes; authorizing the Mayor to execute an encroachment agreement with indemnification provisions to allow certain structures to be located on and within the new easements; and for other purposes.

COMMUNITY DEVELOPMENT/

HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR

07O0352( 9) A Substitute Ordinance by Community Development/Human Resources Committee anticipating and appropriating $8,122,035.00 in the 2007 Community Development Block Grant Program (CDBG), $416,509.00 in the 2007 Emergency Shelter Grant (ESG) Program, $3,251,350.00 in the 2007 HOME Investment Partnership Program (HOME), $6,801,000.00 in the 2007 Housing Opportunities for Persons with AIDS (HOPWA) Grant Program and $75,318.00 in the 2007 American Dream Downpayment Assistance Initiative (ADDI) Program; and for other purposes.

07O0353(10) A Substitute Ordinance by Community Development/Human Resources Committee amending the 2007 (Community Development Fund) Budget by transferring to and from appropriations in the amount of $2,366,084.00, amending the 2007 (HOME Investment Fund) Budget by transferring to and from appropriations in the amount of $351,901.00 and amending the 2007 (Intergovernmental Grant Fund) Budget by transferring to and from appropriations in the amount of $204,030.00; to setup administrative accounts in the 2007 Community Development Block Grant (CDBG), 2007 Emergency Shelter Grant (ESG), 2007 HOME Investment Partnership (HOME), and 2007 Housing Opportunities for Persons with AIDS (HOPWA) Grant Programs; and for other purposes.

07O0450(11) A Substitute Ordinance by Community Development/Human Resources Committee amending the Habitat for Humanity Project by changing the Scope of Work from Acquisition and Housing Development to Downpayment Assistance; amending the 2007 (Home Investment Partnership Fund) Budget by transferring to and from appropriations in the amount of $389,651.81 for the purpose of funding HM-40, Habitat for Humanity Downpayment Assistance; transferring appropriations in the amount of $3,655.19 to correct the allocation for HM-37, CHDO Capital Projects Set-Aside; and for other purposes.

07O0609(12) An Ordinance by Councilmember Felicia A. Moore authorizing the issuance of a Cemetery Disturbance Permit for the property located at 1730 Hollywood Road; and for other purposes. (Public Hearing held 5/15/07)

07O0689(13) An Ordinance by Community Development/Human Resources Committee authorizing the Mayor to execute a Quitclaim Deed conveying the City’s interest in property located at 648 Echo Street, Atlanta, Fulton County, Georgia (“Property”), in the amount not to exceed $1.00, to the City of Atlanta-Fulton County Land Bank Authority, for the public purpose of returning property to an effective utilization status, in order to provide housing and jobs for the citizens of the City and County; and for other purposes.

07O0690(14) A Substitute Ordinance by Community Development/Human Resources Committee to correct the Center Numbers in Ordinance Number 06O2066adopted by the Atlanta City Council on October 16, 2006 and approved by the Mayor on October 24, 2006; and for other purposes.

07O0987 (15) An Ordinance by Councilmember Jim Maddox as substituted by Community Development/Human Resources Committee to amend the Contract Renewal Agreement for the Chastain Park Amphitheater to set permanent limits on sound levels that may be produced by performers, to establish permanent penalties for sound violations, to make permanent the utilization of the speaker and amplification system recommended by an Amphitheater Sound Consultant in 2001; to authorize and direct that a portion of unused ticket-surcharge money collected for sound and noise control issues be utilized for amphitheater improvements, and a portion be transferred to an account whose funds are utilized for repair and improvement of Chastain Park; and for other purposes.

PUBLIC SAFETY AND LEGAL

ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

07O0694(16) An Ordinance by Public Safety and Legal Administration Committee to correct Sections 1, 2, and 3 in Ordinance Number 06O2588adopted by the Atlanta City Council on December 4, 2006, and approved by the Mayor on December 13, 2006; and for other purposes.

07-O-0697 (17) An Ordinance by Public Safety and Legal Administration Committee amending the 2007 (Intergovernmental Grant Fund) Budget, Department of Fire and Rescue, by adding to anticipations and appropriations, the amount of $527,700.00, for grant funds from the Georgia Emergency Management Agency, for the purpose of purchasing Mobile Data Computers and Automatic Vehicle Locators; and for other purposes.

07O0765(18) An Ordinance by Public Safety and Legal Administration Committee to repeal the provisions pertaining to the licensure and regulation of Massage Technicians as codified in Chapter 30, Article XVI, Division 1, Section 30-951(b) entitled “Required”; Section 30-952 entitled “Qualifications of Massage Technician”; Section 30-953(d) entitled “Qualifications of Massage Establishment”; Sections 30-954(11) and 30-954(12) entitled “Application”; Section 30-955 entitled “Reciprocity”; Section 30-956(b) entitled “Fees”; and Section 30-959(a) entitled “Revocations”, of the Code of Ordinances of the City of Atlanta, Georgia; and for other purposes.

07O0971(19) An Ordinance by Councilmember Joyce M. Sheperd as substituted by Public Safety and Legal Administration Committee, to amend Chapter 122, Article V, Division 2, Section 122-173 (2) (Entitled, “Grounds for Denial, Suspension, or Revocation”) of the Code of Ordinances of the City of Atlanta, so as to revise the City of Atlanta Code on Secondary Metal Recyclers; to waive conflicting ordinances; and for other purposes.

07O0990(20) An Ordinance by Councilmember Anne Fauver to waive the provisions of Chapter 10, Article II, Section 10-209 (c) and (d) of the Code of Ordinances of the City of Atlanta, Georgia so as to modify the hours of operation on Monday, June 25, 2007 only, for all licensed establishments authorized to sell alcoholic beverages for on premises consumption; and for other purposes.

07O0993(21) An Ordinance by Councilmember Carla Smith to anticipate and appropriate grant funds in the amount of $14,450.00 from the U. S. Environmental Protection Agency (EPA) for a Sustainable Design Charrette in support of the Sustainable Development Design Standards and in conjunction with the Atlanta Fire and Rescue Department’s planned construction of new fire stations; and for other purposes.

TRANSPORTATION COMMITTEE - CLAIR MULLER, CHAIR

07O0702(22) An Amended Ordinance by Transportation Committee authorizing the Mayor to designate the east side of Peachtree Street Northeast, between North Avenue and Linden Avenue, as a No Parking Zone 8:00 a.m. to 4:00 p.m. except Sundays; and for other purposes.

FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR

07O0711(23) A Substitute Ordinance by Finance/Executive Committee authorizing the Mayor and the Chief Financial Officer to oversee and supervise the closing of old grants, trusts and projects balances and to make the necessary entries to close out any negative balances that have been determined, tested and classified as old (no activities since 2003), so that said negative balances are not brought forward in the Oracle Financial System; and for other purposes.

07O0712(24) An Ordinance by Finance/Executive Committee to amend Chapter 2, Article VI, Division 2, Subdivision I, Section 2-322, and Subdivision III, Sections 2-370, 2-371, 2-372, 2-373, 2-374, and 2-375 of the Code of Ordinances of the City of Atlanta; to add Sections 2-376, 2-377, and 2-378, so as to effectuate a reorganization of the City of Atlanta Department of Finance; to repeal conflicting ordinances; and for other purposes.

07O0713(25) A Substitute Ordinance by Finance/Executive Committee to amend the Classification Plan of the Code of Ordinances, City of Atlanta, Georgia by creating certain classifications for the 911 Emergency Call Center; and for other purposes.

07O0714(26) An Ordinance by Finance/Executive Committee amending the 2007 (Capital Finance Fund) Budget, Department of Finance, by adding to Anticipations and Appropriations in the amount of $8,004,823.74 to cover costs related to the Enterprise Resource Planning Project; and for other purposes.

07O0716(27) An Ordinance by Finance/Executive Committee authorizing the Chief Financial Officer to amend the Fiscal Year 2007 Budget, on behalf of the Department of Aviation, by transferring Appropriations in the amount of $45,234,285.09 from 2H26 (Airport Passenger Facility Charge Fund) 791001 (Reserve for Appropriation) T11001 (Reservation of Fund Appropriations) to 2H26 (Airport Passenger Facility Charge Fund) 781001 (Sinking Fund Requirements) T65015 (Airport PFC Bond Series 2004 A-E June 2004) and 2H26 (Airport Passenger Facility Charge Fund) 781001 (Sinking Fund Requirements) T65016 (Airport PFC Bond Series 2004F-K NOV 2004); and $18,527,373.23 from 2H34 (CONRAC Customer Service FAC Charge Fund) 791001 (Reserve for Appropriation) T11001 (Reservation of Fund Appropriations) to 2H34 (CONRAC Customer Service FAC Charge Fund) 781001 (Sinking Fund Requirements) T65001 (Debt Service Administration); and $27,234,730.21 from 2H32 (2004 Airport Revenue Bond Fund: F,G,I) 791001 (Reserve for Appropriation) T11001 (Reservation of Fund Appropriations) to 2H32 (2004 Airport Revenue Bond Fund:F,G,I) 786006 (Capitalized Interest) T65019 (Airport 2004 CAP I Issued: Series 2000 Bonds); and $3,248,413.00 from 2H32 (2004 Airport Revenue Bond Fund: F,G,I) 786006 (Capitalized Interest) T65012 (Airport Bond Series 2004) to 2H32 (2004 Airport Revenue Bond Fund: F,G,I) 791001 (Reserve for Appropriation) T11001 (Reservation of Fund Appropriations) for Debt Services Payments; and for other purposes.

07O0718(28) An Ordinance by Finance/Executive Committee authorizing the City of Atlanta to waive the Competitive Procurement Provision in Article X, Procurement and Real Estate Code, of the City of Atlanta Code of Ordinances, for a period of sixty days to obtain continued services from Ginarc Construction, Inc., for FC-3005007899, East Wesley Road Streetscape Project, on behalf of the Department of Public Works, with no additional funding required; and for other purposes.

07O0758(29) A Substitute Ordinance as amended by Finance/Executive Committee authorizing the Mayor to enter into an Intergovernmental Agreement by and between the Atlanta Housing Authority and the City of Atlanta, on behalf of the Department of Public Works, for the purpose of providing funding for Public Infrastructure Improvement Projects; transferring Appropriations in the amount of $1,117,363.70 to fund a portion of said public improvements; and for other purposes.

07O0766(30) A Substitute Ordinance by Finance/Executive Committee authorizing the Mayor to enter into an Intergovernmental Agreement by and between the Housing Authority of the City of Atlanta, Georgia (“Authority”) and the City of Atlanta pertaining to the Performance of Certain Public Improvements by the Authority for the benefit of the City of Atlanta; and for other purposes.

07O0972(31) An Ordinance by Councilmember Felicia A. Moore as substituted by Finance/Executive Committee to correct Ordinance Number 07O0248adopted by the Atlanta City Council on February 19, 2007, and approved pursuant to Section 2-403 of the Charter of the City of Atlanta on February 28, 2007; and for other purposes.

07-O-0973 (32) An Ordinance by Councilmembers Howard Shook and Cleta Winslow as substituted by Finance/Executive Committee to transfer specified appropriations, expenses, encumbrances, and commitments from Project Centers associated with the Public Safety & Judicial Facilities Project to Account 773002 (Construction in Progress) for each Project Center; and for other purposes.

07O0976(33) An Ordinance by Councilmember Felicia A. Moore as amended by Finance/Executive Committee to request and authorize the City Auditor through the Audit Committee to conduct an independent audit of the Department of Aviation Consolidated Rental Car Facility Project (CONRAC); and for other purposes.

07O0977(34) An Ordinance by Councilmember Kwanza Hall as substituted and amended by Finance/Executive Committee to amend the Code of Ordinances in order to provide the eligibility requirements for members of the General Employees’ Pension Fund to purchase prior service credit with sources of funds; to include contributions from any Deferred Retirement Account; and for other purposes.

RESOLUTIONS

CITY UTILITIES COMMITTEE - CARLA SMITH, CHAIR

07R0566( 1) A Resolution by City Utilities Committee authorizing the Mayor to enter into Renewal Agreement No. 2 with Montgomery Watson (MWH Americas, Inc.)/Khafra Engineering Consultants, Inc., JV for FC-7093-99, Program Management Services for the Atlanta Wastewater System Improvements Program, on behalf of the Department of Watershed Management, in an amount not to exceed $23,000,000.00; all contracted work will be charged to and paid from Fund, Account and Center Number: 2J21 (Water & Wastewater Renewal & Extension) 524001 (Consultant/Professional Services) Q11I050194DA (Program Management Services); and for other purposes.

07R0936( 2) A Resolution by City Utilities Committee authorizing the Mayor to enter into Renewal Agreement No. 2 with Dreamsan, Inc., for FC-6004007836, Recycling Program, on behalf of the Department of Public Works; to authorize payment of invoices for final 120 days in the current Fiscal Year in an amount not to exceed $675,000.00; all contracted work shall be charged to and paid from Fund, Account and Center Number: 1A01 (General Funds) 524001 (Consultant/Professional Services) M38301 (Recycling & Collection); and for other purposes.

07R0957( 3) An Amended Resolution by City Utilities Committee authorizing the Mayor to enter into an agreement with Optimus Solutions, Inc., utilizing the State of Georgia Contract SWCGTA00546 for the purchase of Voice Over Internet Protocol Products and Services on behalf of the Department of Watershed Management in an amount not to exceed $161,000.00; all contracted work will be charged to Fund, Account and Center Number: 2J01 (Water and Wastewater Revenue) 521101 (Consumable) Q81001 (Watershed Protection); and for other purposes.

07R0959( 4) A Resolution by City Utilities Committee correcting

*** Resolution 06R2042which authorized funding for the Atlanta Infrastructure Managers, JV (FC-6005007989), Sewer System Evaluation Survey of Wastewater Collection and Transmission System Sewer Groups 3 and 4 by inserting the correct dollar amount ($457,660.60) in the “be it further resolve clause” as is in the caption; and for other purposes.

07R0967( 5) An Amended Resolution by City Utilities Committee authorizing the Mayor to enter into an agreement with Peniel Solutions, LLC Utilizing Federal Contract GS-35F-0411R for the Design, Implementation, and Management of a Voice Over IP (VOIP) Solution on behalf of the Department of Watershed Management in an amount not to exceed $49,270.00; all contracted work will be charged to Fund, Account and Center Number: 2J01 (Water and Wastewater Revenue) 524001 (Consultants/Professional Services) Q81001 (Watershed Protection); and for other purposes.

07R0989( 6) A Resolution by Councilmember Anne Fauver authorizing the Mayor to enter into an agreement with 1075 Peachtree, LLC, for the construction and operation of a temporary tie-back support system, on behalf of the Department of Public Works; and for other purposes.

07R1000( 7) A Resolution by City Utilities Committee to authorize the

*** Mayor to enter into a Consent Agreement and to authorize payment pursuant to the Consent Agreement as requested by the Georgia Public Service Commission of the State of Georgia in the amount of $2,000.00 to resolve an alleged violation of the Georgia Utility Facility Protection Act; and for other purposes.

07R1001( 8) A Resolution by City Utilities Committee to authorize the

*** Mayor to execute a Renewal Agreement with Decanter Machine, Inc., FC-6004007872, for TWAS Centrifuge Maintenance and Repair, on behalf of the Department of Watershed Management, in an amount not to exceed $1,300,000.00; all contracted work will be charged to and paid from Various Fund, Account and Center Numbers; and for other purposes.

COMMUNITY DEVELOPMENT/

HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR

07R0355( 9) A Substitute Resolution by Community Development/Human Resources Committee authorizing the Mayor to enter into Various Contractual Agreements for the implementation of Projects under the 2007 Community Development Block Grant (CDBG), 2007 Emergency Shelter Grant (ESG), 2007 HOME, 2007 American Dream Downpayment Initiative (ADDI) and the 2007 Housing Opportunities for Persons with AIDS (HOPWA) Programs; and for other purposes.

07R0991(10) A Resolution by Councilmember Anne Fauver authorizing the Bureau of Planning to recognize as a nonconforming lot of record, a lot located at 1523 Iverson Street, NE, that has been created as the result of previously issued building permits and that presently has a house located on it; and for other purposes.

07R0949(11) A Resolution by Community Development/Human Resources

*** Committee designating the Downtown Development Area served by the Downtown Development Authority of the City of Atlanta .

PUBLIC SAFETY AND LEGAL

ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

07R0966(12) A Resolution by Public Safety and Legal Administration Committee to correct the Fund, Account and Center Number in Resolution Number 07R0318adopted by the Atlanta City Council on March 5, 2007 and approved by the Mayor on March 13, 2007; and for other purposes.

07-R-0981 (13) A Resolution by Councilmember Kwanza Hall authorizing the Mayor to apply for and accept funding from the Atlanta Coordinating Responsible Authority Inc., (ACORA) in an amount not to exceed $318,000.00 for the purpose of expanding the Restorative Board Program of the Community Court Division of the Municipal Court of Atlanta, which will include Conflict Resolution and Anger Management; and for other purposes.

TRANSPORTATION COMMITTEE - CLAIR MULLER, CHAIR

07R0948(14) A Resolution by Transportation Committee authorizing the Mayor to enter into a Renewal Agreement No. 2 with SP Group for FC-7370-01C, Architectural and Engineering Design Support Services, on behalf of the Department of Aviation to provide Professional Consulting Services; and for other purposes.

07R0964(15) A Resolution by Transportation Committee authorizing the Mayor to enter into an appropriate Contractual Agreement with Clayton County Water Authority to accept a credit on future Stormwater Utility Fees assessed to the City of Atlanta for stormwater runoff generated from Hartsfield-Jackson Atlanta International Airport on behalf of the Department of Aviation; and for other purposes.

07R0965(16) A Resolution by Transportation Committee authorizing the Mayor to execute a Lease Agreement with Atlantic Southeast Airlines, Inc. (“ASA”) to provide for the improvement and occupancy of the City North Hangar Facility at Hartsfield-Jackson Atlanta International Airport; and for other purposes.

FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR

07R0941(17) A Resolution by Finance/Executive Committee authorizing the Mayor to execute Change Order No. 1 with Paramount Contracting Company, for FC-3005007894, Runway Safety Areas 26R-9L-9R, on behalf of the Department of Aviation, in an amount not to exceed $288,570.00; all contracted work will be charged to and paid from Fund, Account and Center Number 2H26 574001 R21E050796AA (Airport Passenger Facility Charge, Facilities other than Buildings, Airfield Pavement Replacement Program); and for other purposes.

07R0942(18) A Substitute Resolution as amended by Finance/Executive Committee authorizing the Mayor to enter into an Intergovernmental Agreement with Dekalb County, Georgia, for the Billing and Collection of Ad Valorem Property Taxes for the portion of the City of Atlanta which lies within Dekalb County, for an annual fee of $75,000.00, to be charged to and paid from Fund, Account and Center Number 1A01 (General Fund) 561001 (Payments to Other Governments) T31001 (Unallocated Fund-Wide Expenses); and for other purposes.

07R0943(19) A Resolution by Finance/Executive Committee authorizing the Chief Financial Officer to issue a refund to American Management Association International in the amount of $12,945.31 for business license fees paid in error to the City of Atlanta; all funds shall be charged to and paid from Fund, Account and Center Number 1A01 (General Fund) 529010 (Refunds) T31001 (Unallocated Fund Wide Expenses); and for other purposes.

07R0944(20) A Substitute Resolution as amended by Finance/Executive Committee authorizing the Mayor to execute a Contract with Claudia G. Lawson, Dekalb County Tax Commissioner, for the Billing and Collection of Property Taxes for the portion of the City of Atlanta which lies within Dekalb County, at a rate of $2.00 per individual account billed; all funds shall be charged to and paid from Fund, Account and Center Number: 1A01 (General Fund) 561001 (Payments to Other Governments) T31001 (Unallocated Fund Wide Expenses); and for other purposes.

07R0992(21) A Resolution by Councilmembers Anne Fauver and Clair Muller as substituted and amended by Finance/Executive Committee to support effective action by the President of the United States, the United States Congress, the Governor of the State of Georgia, and the Georgia General Assembly, the Mayor of Atlanta, and the Atlanta City Council, to address the issue of Global Climate Change, which is increasingly harmful to the environment and economy of the United States of America, the Southeastern Region, the State of Georgia, and the City of Atlanta; and for other purposes.

PUBLIC SAFETY AND LEGAL

ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

Claims with favorable recommendations:

07R0885( 1) Claim of Allstate Insurance Company, as subrogee of insured, Wendy Stinnett, for vehicular damages alleged to have been sustained from an automobile accident on May 23, 2006 at Sidney Marcus Boulevard, NE and the State Route 400 southbound exit. $7,308.00

07R0886( 2) Claim of State Farm Insurance Companies, as subrogee of Nyrshea Williams, for damages alleged to have been sustained as a result of a vehicular accident of November 23, 2006 at Windsor Street and Crumley Street. $5,548.59

07R0887( 3) Claim of Wilhelmena Johnson, through her attorney, Robert A. Elsner, Esq., for damages alleged to have been sustained from an entitlement to employee benefits from April 1995 through December 30, 2004 at 55 Trinity Avenue, SW. $8,500.00

07R0888( 4) Claim of Euphemmie Duncan, for bodily injuries alleged to have been sustained after stepping on an un-raised water valve that was located in the crosswalk on April 17, 2006 at Old National Highway and Lantern Lane. $1,733.57

07R0889( 5) Claim of Danny Dunworth, for bodily injuries alleged to have been sustained from stepping into an open water meter on September 2, 2006 at 435 Clifton Road, NE. $1,850.00

07R0890( 6) Claim of Heritage Book Shop, Inc., for property damages alleged to have been sustained when a book was erroneously destroyed on December 18, 2006 at 675 Ponce de Leon Avenue, NE. $6,000.00

07R0891( 7) Claim of Matasha L. Turner, through her attorney, David H. Glass, Esq., for bodily injuries alleged to have been sustained from an automobile accident on July 5, 2006 at 283 Sunset Avenue, NW. $12,000.00

07R0892( 8) Claim of John Popinko and Cynthia Griffith, for damages alleged to have been sustained as a result of a tailpiece leak on October 21, 2006 at 1279 Lenox Circle, NE. $980.00

07R0893( 9) Claim of Phoenix Loss Control, as subrogee of Comcast, for damages alleged to have been sustained during the repair of a tailpiece leak on December 20, 2005 at 2805 Green Bower Court. $1,902.75

07R0894(10) Claim of Annie R. Austin, for vehicular damages alleged to have been sustained from an automobile accident on December 7, 2006 at 2005 Grange Drive. $1,809.83

07R0895(11) Claim of William Brewer, for damages alleged to have been sustained as a result of a vehicular accident on February 21, 2007 at 1655 Memorial Drive. $876.00

07R0896(12) Claim of W. Dean Shiver, for vehicle damages alleged to have been sustained as a result of driving over an unsecured metal plate on March 20, 2007 at Monroe and Park Drives. $518.84

07R0897(13) Claim of Wendy Lowe, for damages alleged to have been sustained as a result of driving over a fire hose that had fallen from Engine 9 on February 1, 2007 at the intersection of Martin Luther King, Jr. Drive, SW and Lynhurst Drive, SW. $738.16

07R0898(14) Claim of Shameka Sims, for damages alleged to have been sustained as a result of a vehicle accident on March 9, 2007 at the intersection of Lee and Oak Streets. $2,555.42

07R0899(15) Claim of Zachary Wilson, for damages alleged to have been sustained as a result of driving over an open construction cut on September 14, 2006 at 605 Boulevard, NE. $837.04

07R0900(16) Claim of Barbara S. Tapp, for damages alleged to have been sustained as a result of a water meter leak in October 2006 at 420 Highbrook Drive. $1,443.25

07R0901(17) Claim of Janice D. Hancock, for damages alleged to have been sustained as a result of a slip and fall incident in an uncovered water meter on February 10, 2007 at 954 Washington Street, SW. $2,576.50

07R0902(18) Claim of Deborah A. Lyons, for vehicular damages alleged to have been sustained from an automobile accident on February 14, 2007 at 1145 Hemphill Avenue, NW. $2,299.11

07R0903(19) Claim of Mamie L. West, for damages alleged to have been sustained as a result of storm water overflow due to a broken catch basin on July 12, 2005 at 577 Westmeath Drive, SW. $2,000.00

07R0939(20) Claim of Ron Lenore, for vehicular damages and bodily injuries alleged to have been sustained when a scooter was driven over a defective gate system on June 5, 2006 on Park Drive at Chastain Park. $15,000.00

07R0950(21) Claim of Travelers, as subrogee of Cathy Aderman, for damages alleged to have been sustained as a result of a vehicular accident on May 13, 2006 at the intersection of 10^th Street and Monroe Drive. $2,365.84

Claims with unfavorable recommendations:

07R0904(22) Claim of Kaushalya Charande, for damages alleged to have been sustained as a result of a tree limb falling on March 7, 2007 at 1307 Almont Drive.

07R0905(23) Claim of Bill Adams, through his attorneys of record, Joel H. Thornton, Esq., John G. Stepanovich, Esq., International Human Rights Group, for damages alleged to have been sustained when religious speech was banned by police on June 24, 2006 at 400 Park Drive, NE.

07R0906(24) Claim of Charles Waken, for damages alleged to have been sustained as a result of a sewer backup between November 23, 2004 and December 8, 2004 at 1015 Boulevard, SE.

07R0907(25) Claim of Mildred Anderson, for damages alleged to have been sustained as a result of a sewer backup on January 2, 2005 at 390 Lincoln Place, SW.

07R0908(26) Claim of State Farm Insurance, as subrogee of Nepsent Melake, for vehicular damages alleged to have been sustained from an automobile accident on July 12, 2006 at 3871 Peachtree Road, NE.

07R0909(27) Claim of Allstate Insurance, as subrogee of Ronald Mincey, for damages alleged to have been sustained from an automobile accident on November 11, 2006 on Georgia State Route 520.

07R0910(28) Claim of Saul Hernandez, through his attorney, Will Miller, Esq., Orr & Orr, LLP, for damages alleged to have been sustained from an unlawful arrest on July 26, 2006 at 1255 Collier Road.

07R0911(29) Claim of State Farm Insurance, as subrogee of Seble Ayele, for vehicular damages alleged to have been sustained from an automobile accident on July 12, 2006 at 3871 Peachtree Road, NE.

07R0912(30) Claim of Veronica Holmes, for damages alleged to have been sustained from a water main break on February 13, 2006 at 120 Laurel Drive, NE.

07R0913(31) Claim of Phyllis Hutchins, for vehicular damages alleged to have been sustained after driving over a construction site that was left open and in an unsafe condition on September 10, 2006 at 1917 Baker Road.

07R0914(32) Claim of Danielle Crews, for vehicular damages alleged to have been sustained after driving over a construction site that was left open and in an unsafe condition on July 24, 2006 at 3055 Peachtree Road, NE.

07R0915(33) Claim of Level 3 Communications, Inc., through its Attorney, Randall S. Fudge, P. C., for property damages alleged to have been sustained when a fiber optic cable was severed during a water main break on May 10, 2005 at Peachtree Road, NE and Peachtree Battle Avenue, NW.

07R0916(34) Claim of Albert Robinson, for damages alleged to have been sustained as a result of striking an open construction cut on July 4, 2006 at 1461 Jonesboro Road.

07R0917(35) Claim of Arch Woodard, for damages alleged to have been sustained as a result of driving over an unsecured construction cut on May 4, 2003 at Hosea L. Williams and Rogers Street.

07R0918(36) Claim of Hazel Banks, for damages alleged to have been sustained as a result of striking a pothole in the roadway on December 31, 2005 at 3600 Campbellton Road.

07R0919(37) Claim of Duane E. Cox, for damages alleged to have been sustained as a result of striking a concrete reinforcement wire on November 21, 2005 on Lindbergh Drive.

07R0920(38) Claim of Annette Diop, for damages alleged to have been sustained as a result of damage to a fence in October 2005 at 471 English Avenue, NW.

07R0921(39) Claim of Soon Hong, for damages alleged to have been sustained as a result of the disconnection of his water service in June 2005 at 2084 Campbellton Road.

07R0922(40) Claim of Willie F. Gary, II, for damages alleged to have been sustained as a result of striking an open construction cut on July 4, 2006 and July 5, 2006 at 1481 Jonesboro Road.

07R0923(41) Claim of Craig T. Rowe, for vehicular damages alleged to have been sustained after driving over a construction site that was left open and in an unsafe condition on October 11, 2006 at 1230 West Peachtree Street, NE.

07R0924(42) Claim of Keenan Wilson, for damages alleged to have been sustained as a result of an automobile accident on May 25, 2006 at 230 Milton Avenue, SE.

07R0925(43) Claim of Marion J. Maloof, for damages alleged to have been sustained during the repair of a water main break on May 10, 2006 at 7040 Northgreen Drive, Atlanta, Georgia 30328.

07R0926(44) Claim of Larry N. Crawford, through his attorney, William C. Burn, Esq., for damages alleged to have been sustained due to a false arrest on March 28, 2004 at 438 Moreland Avenue, SE.

07R0927(45) Claim of Jenny Thomas, for damages alleged to have been sustained as a result of an automobile accident on December 13, 2006 at 975 Rupley Drive.

07R0928(46) Claim of JNR Adjustment Company, Inc., as subrogee of Comcast, for damages alleged to have been sustained as a result of a severed cable line on July 12, 2006 at 5014 Lower Elm Street.

07R0929(47) Claim of Mary Springer, for damages alleged to have been sustained as a result of a tree falling on July 1, 2006 at 1636 South Olympian Way.

07R0930(48) Claim of Debbie Pinkins, for damages alleged to have been sustained as a result of the erroneous discard of a trash receptacle on May 17, 2006 at 1503 McPherson Avenue.

07R0931(49) Claim of Ryan Champney, for damages alleged to have been sustained as a result of a fallen tree on September 17, 2006 at 2297 Adams Drive, NW.

07R0932(50) Claim of Gloria Walker, for damages alleged to have been sustained as a result of a sewer backup on January 10, 2007 at 3791 Rockport Place, SW.

07R0933(51) Claim of John Watts, through his attorneys, Stokes & Kopitsky, P.A., for vehicular damages alleged to have been sustained due to an automobile accident on March 21, 2007 at Piedmont Road and Burke Road.

07R0934(52) Claim of Melanie Strozier, on behalf of, Jewell Strozier, minor, through their attorney Anton Rowe, for damages alleged to have been sustained as a result of a summer camp field trip on July 18, 2006 at the Thomasville Recreation Center, 1835 Henry Thomas Drive.

CONSENT AGENDA SECTION II

ORDINANCES FOR FIRST READING

CITY UTILITIES COMMITTEE - CARLA SMITH, CHAIR

07O0937( 1) An Ordinance by City Utilities Committee amending Article V, Chapter 154, Section 301 of the Code of Ordinances so as to provide for modifications to the City of Atlanta Industrial Pretreatment Program; to set allowable pollutant levels on process discharges for industrial users; and for other purposes.

TO BE REFERRED TO CITY UTILITIES COMMITTEE

07O0938( 2) An Ordinance by City Utilities Committee to amend the 2007 (2005 Water and Wastewater Renewal and Extension Fund) Budget by anticipating and appropriating $19,000,000.00 in proceeds from a loan, #2005L05WQ, from the Georgia Environmental Facilities Authority (GEFA) to partially finance the construction of the West Area Combined Sewer Overflow Storage Tunnel; authorizing the Chief Financial Officer to anticipate and appropriate in the Water and Wastewater Renewal and Extension Fund, all future reimbursement loan proceeds to the City from GEFA Funds and GEFA Administered Funds that finance or partially finance Water and Wastewater Treatment and Collection System Capital Improvement Projects approved by GEFA to receive said funding; and for other purposes.

TO BE REFERRED TO CITY UTILITIES COMMITTEE

07O0956( 3) An Ordinance by City Utilities Committee to repeal Section 154-73, Chapter 154, Article III, Division 1, Water, of the City of Atlanta Code of Ordinances; and to establish comprehensive water use restrictions, authorize the Mayor or her designee to set outdoor water use restrictions based upon drought response levels declared by the Director of the Environmental Protection Division, Department of Natural Resources, State of Georgia; to provide for additional water use restrictions during emergency conditions, repairs and water shortages, to establish provisions for adequate enforcement of outdoor water use schedules and other water use restrictions during emergency conditions, repairs and water shortages; and for other purposes.

TO BE REFERRED TO CITY UTILITIES COMMITTEE

COMMUNITY DEVELOPMENT/

HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR

07O0935( 4) An Ordinance by Community Development/Human Resources Committee to adopt the City of Atlanta’s 2007 Official Neighborhood Boundary Map; and for other purposes.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

07O0951( 5) An Ordinance by Community Development/Human Resources Committee to amend Sections 2, 4 and 5 of Ordinance 05O0665 entitled “An Ordinance to create the “Villages at Carver” Housing Enterprise Zone”, to be located at 201 Moury Avenue and 155 Meldon Avenue, Atlanta, Georgia; and for other purposes.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

07-O-0952 ( 6) An Ordinance by Community Development/Human Resources Committee to amend Sections 3 and 4 of Ordinance 04O0656 entitled “The Vineyards of Brown’s Mill Housing Enterprise Zone”, to be located on three parcels at the southwest corner of Cleveland Avenue, SE, and Jonesboro Road, SE; and for other purposes.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

07-O-0953 ( 7) An Ordinance by Community Development/Human Resources Committee to amend Sections 2, 3 and 4 of Ordinance 04O0653 entitled “The St. John’s Place Housing Enterprise Zone”, to be located at 545 St. Johns Avenue, SW (consolidated from numerous parcels on St. Johns Avenue, SW, and Adams Street, SW); and for other purposes.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

07-O-0954 ( 8) An Ordinance by Community Development/Human Resources Committee to amend Section 2 of Ordinance 01O1489 entitled “An Ordinance to change the effective date of creation for that portion of the Castleberry Hill Mixed-Use Residential/Commercial Enterprise Zone known as the Castleberry Inn/Legacy at Castleberry Hill, from January 1, 1996 to January 1, 2002”; and for other purposes.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

07-O-0955 ( 9) An Ordinance by Community Development/Human Resources Committee to amend Ordinance 02O1550 entitled “An Ordinance to create the “Legacy Superblock at Castleberry Hill Mixed-Use Residential/Commercial Enterprise Zone”, to be located at Castleberry Hill (property that is bounded generally by Northside Drive, Larkin Street, Walker Street, and McDaniel Street)”, for the purpose of adding a new section that would specify that “for sale” units shall be at 100% of the Average Median Income (AMI”) and rental units shall be charged at 60% of the AMI; and for other purposes.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

07-O-0958 (10) An Ordinance by Community Development/Human

CDP-07-18 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 1101 Collier Road, NW, from the “Industrial” and "Medium Density Residential" Land Use Designations to the "Mixed Use" Land Use Designation; and for other purposes.

NPU-C Council District 9

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

07O0960(11) An Ordinance by Community Development/Human

CDP-07-19 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 421 Connell Avenue, SE, from the "Low Density Residential" Land Use Designation to the "Medium Density Residential" Land Use Designation; and for other purposes.

NPU-X Council District 12

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTE

07O0962(12) An Ordinance by Community Development/Human

CDP-07-20 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 479-489 Stephens Street, SW, from the "Industrial" Land Use Designation to the "High Density Residential" Land Use Designation; and for other purposes.

NPU-V Council District 4

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

07O0983(13) An Ordinance by Community Development/Human

CDP-07-21 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 2862 Lenox Road, NE, from the "Low Density Residential" Land Use Designation to the "Medium Density Residential" Land Use Designation; and for other purposes.

NPU-B Council District 7

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

07O0996(14) An Ordinance by Community Development/Human

CDP-07-22 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 668 North Avenue, NW, from the "Medium Density Residential" Land Use Designation to the "High Density Residential" Land Use Designation; and for other purposes.

NPU-L Council District 3

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

07O0997(15) An Ordinance by Community Development/Human

CDP-07-28 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 470 Macedonia Road, SE, from the "Single Family Residential” Land Use Designation to the "Low Density Commercial" Land Use Designation; and for other purposes.

NPU-Z Council District 12

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

07O0998(16) An Ordinance by Community Development/Human

CDP-07-29 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 305, 311, 317 & 323 Buckhead Avenue and 312 Pharr Road, NE, from the “Low Density Commercial” Land Use Designation to the "High Density Commercial" Land Use Designation; and for other purposes.

NPU-B Council District 7

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

07O0999(17) An Ordinance by Community Development/Human

CDP-07-30 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 930 Mauldin Street (aka Fulton Terrace), SE, from the "Low Density Commercial" Land Use Designation to the "Very High Density Residential" Land Use Designation; and for other purposes.

NPU-N Council District 5

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

PUBLIC SAFETY AND LEGAL

ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

07O0945(18) An Ordinance by Public Safety and Legal Administration Committee amending the 2007 (Intergovernmental Grant Fund) Budget, Department of Police, by adding to anticipations and appropriations, the amount of $77,890.00, for grant funds from the Governor’s Criminal Justice Coordinating Council, for the purpose of paying for overtime to Police Officers Patrolling Gang Areas; and for other purposes.

TO BE REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

07O0946(19) An Ordinance by Public Safety and Legal Administration Committee amending the 2007 (Intergovernmental Grant Fund) Budget, Department of Police, by adding to anticipations and appropriations, the amount of $10,000.00, for grant funds from the Governor’s Criminal Justice Coordinating Council, for the purpose of paying for overtime to Police Officers Patrolling Gang Areas; and for other purposes.

TO BE REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

07O0947(20) An Ordinance by Public Safety and Legal Administration Committee amending the 2007 (Intergovernmental Grant Fund) Budget, Department of Police, by adding to anticipations and appropriations, the amount of $15,600.00, for grant funds from the Governor’s Criminal Justice Coordinating Council, for the purpose of funding the Police Athletic League in order to reduce gang participation; and for other purposes.

TO BE REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR

07O0961(21) An Ordinance by Finance/Executive Committee to correct the Center Number in Ordinance number 06O0617Adopted by the Atlanta City Council on September 5, 2006 and Approved by the Mayor on September 13, 2006; and for other purposes.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE

07-O-1003 (22) An Ordinance by Finance/Executive Committee to amend

*** Ordinance 06O0381 which amends Chapter 2, Article III, Sec. 2-176, Article V, Sec. 252 and Chapter 2, Article X, Divisions 1 through 8 and Divisions 14 through 16 of the City of Atlanta Procurement Code; and for other purposes.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE

COMMITTEE ON COUNCIL FELICIA A. MOORE, CHAIR

COMMUNICATIONS

07-C-0662 ( 1) A Communication by Mayor Shirley Franklin re-appointing Ms. Rosel Fann to serve as a Taxicabs & Vehicles for Hire Hearing Officer 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. (Favorable by Public Safety and Legal Administration Committee 5/15/07)

07C0663( 2) A Communication by Mayor Shirley Franklin re-appointing Mr. Rollin Carter to serve as a Taxicabs & Vehicles for Hire Hearing Officer 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. (Favorable by Public Safety and Legal Administration Committee 5/15/07)

07C0876 ( 3) A Communication to Council President Lisa M. Borders by Clerk Mark Massey to the Fulton County Board of Commissioners submitting the Fulton County Board of Commissioners’ appointment of Mr. Kwaku C. George (At-Large Position 9) to serve as the County’s representative on the BeltLine TAD Advisory Committee. This appointment is to fill the unexpired term of Mr. Al Goodgame (expiration date of 1/2/09), scheduled to begin on the date of Council confirmation. (Forwarded with no Recommendation by CD/HR Committee 5/15/07)

07C0877( 4) A Communication to Council President Lisa M. Borders by Clerk Mark Massey to the Fulton County Board of Commissioners submitting the Fulton County Board of Commissioners’ appointment of Mr. Jon Hayes Carlsten (Position 3) to serve as the County’s representative on the BeltLine TAD Advisory Committee. This appointment is to fill the unexpired term of Ms. Mary Cooney (expiration date of 11/20/08), scheduled to begin on the date of Council confirmation. (Forwarded with no Recommendation by CD/HR Committee 5/15/07)

07C0878( 5) A Communication to Council President Lisa M. Borders and Members of Council from Dr. Charles Steele, Jr., National President and CEO of Southern Christian Leadership Conference submitting their appointment of Reverend Albert E. Love to serve on the Reverend Joseph Boone Commission, scheduled to begin on the date of Council confirmation.

07C0880( 6) A Communication by Councilmembers Anne Fauver, District 6; Natalyn Archibong, District 5 and Mary Norwood, Post 2 At-Large re-appointing Ms. Martha Porter Hall to serve as a member of the Zoning Review Board. This appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation. (Favorable by Zoning Committee 5/16/07)

07C0882( 7) A Communication by Mayor Shirley Franklin re-appointing Carole Dortch to the Civil Service Board for a term of three (3) years, scheduled to begin on the date of Council confirmation. (Favorable by Finance/Executive 5/16/07)

ORDINANCE FOR SECOND READING

07O0884( 1) An Ordinance by Committee on Council to amend the 2001 City of Atlanta Precincts and Polling Places Ordinance in City of Atlanta Precincts 11B1, 11B2, 11E3, 11E4 and 12E2; and Fulton County Precincts SC02, SC08A, SC16A, SC17, SC18A, SC19A, SC19B, SC19C, SC30 and UC01 as a result of Annexation of Precinct Boundary Line Changes; and for other purposes.

PAPERS HELD IN COMMITTEE

06O1333( 1) An Ordinance by Councilmembers Anne Fauver and Cleta Winslow to amend the Charter of the City of Atlanta adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws l965, P.298, et seq.) as amended, to amend Part I, Subpart A, Article VII, Chapter 3, Section 2-301(c) of the Charter of the City of Atlanta, Georgia (Ga. Laws 1996, p. 4469, et seq.), approved April 15, 1996 as amended, so as to allow elected officials to view a video taped copy of the Elected Officials Mandatory Training Modules; to make the mandatory training apply to newly elected officials only; and for other purposes. (Held 6/19/06; Vote taken to continue to hold 1/2/07.)

06C1978( 2) A Communication by Mayor Shirley Franklin re-appointing James Wright to serve as a member of the Westside Tax Allocation District (TAD) Downtown Advisory Board for the City of Atlanta in the Castleberry Hill Neighborhood Association Category. This re-appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation. (Forwarded without Recommendation by CD/HR Committee 9/12/06; Held 9/18/06.)

06O2137( 3) An Ordinance by Councilmember Howard Shook to abolish the term limit for persons serving on any City Board or Commission; and for other purposes. (Held for further review and discussion 10/02/06.)

07O0081( 4) An Ordinance by Councilmember Howard Shook to amend the Rules of Council so as to establish a policy requiring city departments to submit quarterly reports to the Council Committee of purview in a manner prescribed by the Committee; and for other purposes. (Held 1/16/07 so that the Law Department can meet with the author for further discussion.)

07O0094( 5) An Ordinance by Committee on Council to amend Chapter Two, Article II, Division 2, Subdivision II, Section 2-104 (a), entitled “Remarks from Public” of the Code of Ordinances of the City of Atlanta, so as to preclude the City Council from accepting additional names on the speakers’ list, to be heard during remarks from the public, after roll call has occurred at its regularly scheduled City Council meetings; to waive conflicting ordinances; and for other purpose. (Held 2/05/07 so that the Committee can discuss further.)

07C0408( 6) A Communication to Council President Lisa M. Borders and Members of Council by Reverend Darrell D. Elligan, President of Concerned Black Clergy of Metropolitan Atlanta, Inc. on behalf of Concerned Black Clergy, submitting his name as appointee to serve on the Reverend Joseph E. Boone Commission, scheduled to begin on the date of Council confirmation. (Held 3/19/07 so that the appointee can appear before the Committee.)

07C0667( 7) A Communication by Mayor Shirley Franklin re-appointing Ms. Page Gleason to serve as a member of the Tree Conservation Commission in the Lay Citizen 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. (Forwarded with no recommendation by CD/HR 5/1/07)

MEMBERS PRESENT:

CITY UTILITIES COMMITTEE CARLA SMITH, CHAIR

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)

06R0563( 2) 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( 3) 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)

06O1454( 4) 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 6/27/06 at the request of the author)

06O1573( 5) 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. (Held 7/11/06 for further discussions)

06O1947( 6) An Ordinance by City Utilities Committee to amend Sections 138-25 and 138-26 of the Official Code of Ordinances of the City of Atlanta, Georgia, to authorize the Commissioner of Public Works to determine the monthly rental rates for the air space or subsurface space occupied by bridges, tunnels of similar structures across streets or alleys and balconies over sidewalks of the City of Atlanta; and for other purposes. (Held 9/18/06 at the request of the Law Department)

07R0002( 7) A Resolution by City Utilities Committee authorizing the Mayor to enter into a Maintenance Agreement with the Georgia Department of Transportation to convert a section of Bolton Road, Fulton Industrial Boulevard and Harwell Road to temporary State Route for Bridge Improvements; and for other purposes. (Held 1/9/07 for further review)

( 8) Appraisal of the abandoned portion of Lakeside Drive, NE, consisting of 19.50 acres proposed assemblage tract or $1,300,000.00 per acre, or $29.84 per square foot. (Held 1/9/07 for further review)

07R0750( 9) A Resolution by City Utilities Committee authorizing the Mayor to enter into an agreement with Players & Company, for FC-6006007947, Annual Contract for Major Mechanical Services for the Bureau of Wastewater Treatment and Collections, on behalf of the Department of Watershed Management, in an amount not to exceed $122,280.00; all contracted work will be charged to and paid from Various Fund, Account and Center Numbers; and for other purposes. (Held 5/1/07 at the request of the Department.)

07O0872(10) An Ordinance by Finance/Executive Committee as substituted by City Utilities Committee to reduce the scheduled increases for monthly Water and Sewer Rates for the City of Atlanta, Georgia, as authorized by Chapter 154, Article III, Division 3, Sections 154-111 and 154-112 (Water Rates and Charges) and Chapter 154, Article V, Division 3, Sections 154-276 and 154-277 (Sewer Rates and Charges); and for other purposes. (Substituted and Held 5/15/07 for a Public Hearing) (Advertised for a Public Hearing 5/23/07 at 6:00 p.m.)

07O0979(11) An Ordinance by Councilmember Kwanza Hall to abandon a portion of Fair Street, SW located between Peters Street and the Railroad right-of-way consisting of 0.093 acre more or less, and being more specifically described as Tract “1” in the attached Exhibit “A” lying and being in Land Lot 84 of the 14^th District, Fulton County, Georgia; and for other purposes. (Held 5/15/07 for a Public Hearing) (To be advertised for a Public Hearing)

07O0980(12) An Ordinance by Councilmember Kwanza Hall to abandon a portion of Castleberry Street, SW located between Peters Street and the Railroad right-of-way consisting of 0.115 acre more or less, and being more specifically described as Tract “4” in the attached Exhibit “A” lying and being in Land Lot 84 of the 14^th District, Fulton County, Georgia; and for other purposes. (Held 5/15/07 for a Public Hearing) (To be advertised for a Public Hearing)

07O0982(13) An Ordinance by Councilmember Kwanza Hall to abandon that portion of John Wesley Dobbs Avenue, NE located between Jackson Street and the Dead End of John Wesley Dobbs Avenue consisting of 11,914 square feet (0.27 acre), more or less, and being more specifically described in the attached Exhibit “A” lying and being in Land Lot 46 of the 14^th District, Fulton County, Georgia; and for other purposes. (Held 5/15/07 for a Public Hearing) (Advertised for a Public Hearing 5/29/07 at 9:00 a.m.)

07O0985(14) An Ordinance by Councilmembers Howard Shook and Carla Smith to abandon that certain portion of Bolling Way located between Pharr Road and Buckhead Avenue and also abandon a portion of Bolling Way located immediately north of the intersection of Bolling Way with Buckhead Avenue, such parcels consisting of a total of 0.47 acre, more or less, lying and being in Land Lot 99 of the 17^th District, Fulton County, Georgia; and for other purposes. (Held 5/15/07 for a Public Hearing) (Advertised for a Public Hearing 5/29/07 at 9:00 a.m.)

07R0994(15) A Resolution by Councilmember Carla Smith 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. (Held 5/15/07) (dummy paper)

MEMBERS PRESENT: SMITH, MITCHELL, SHOOK, MULLER, ARCHIBONG & YOUNG

COMMUNITY DEVELOPMENT/

HUMAN RESOURCES COMMITTEE JIM MADDOX, CHAIR

ORDINANCES FOR SECOND READING

07O0362( 1) An Ordinance by Councilmember Howard Shook as substituted and amended by Community Development/Human Resources Committee (5/15/07) amending the Tree Protection Ordinance to make numerous changes thereto, including: adding and changing definitions; altering the parking lot requirements; allowing for tree recompense credit for certain fee simple land contributions to the City; modifying the penalties section of the Ordinance; altering the qualification of who can serve as a Tree Conservation Commission Board Member; providing a monthly honorarium of $75.00 for Tree Conservation Commission Board Members; altering the requirements for who may appeal an arborist’s decision regarding tree(s) on private property; changing the time limit in which someone can appeal an arborist’s decision regarding tree(s) on private property; altering the time period during which a person must maintain a newly planted tree; creating a permit that allows removal of one tree per every five years from certain residential properties with reduced recompense under specific circumstances; and for other purposes.

FORWARDED WITH NO RECOMMENDATION ON SUBSTITUTE AS AMENDED

07O0398( 2) An Ordinance by Community Development/Human

CDP-07-11 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 186 Walthall Street, from the "Single Family Residential” Land Use Designation to the "Medium Density Residential" Land Use Designation; and for other purposes. (1^ST Quarter CDP Public Hearing held 3/12/07)

NPU-N Council District 5

ADVERSE

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)

06O0781( 2) 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)

06O1185( 3) 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

06O0495( 4) 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)

06O1888( 5) An Ordinance by Community Development/Human

CDP-06-65 Resources Committee to amend the Land Use Element of the City of Atlanta’s 2004-2019 Comprehensive Development Plan (CDP) so as to re-designate property located at 3700 Martin Luther King, Jr. Drive, SW, from the “Medium Density Residential” Land Use Designation to the “Mixed-Use” Land Use Designation; and for other purposes. (Public Hearing held 9/11/06) (Held 9/12/06)

NPU-H Council District 1

06O1895( 6) An Ordinance by Community Development/Human

CDP-06-72 Resources Committee to amend the Land Use Element of the City of Atlanta’s 2004-2019 Comprehensive Development Plan (CDP) so as to re-designate properties located at 578 Rosalia Street and 575 Boulevard, SE, from the “Low Density Residential” Land Use Designation to the “High Density Residential” Land Use Designation; and for other purposes. (Public Hearing held 9/11/06) (Held 9/12/06)

NPU-W Council District 5

06R2056( 7) A Resolution by Councilmember Mary Norwood as amended by Community Development/Human Resources Committee authorizing the creation of a task force to evaluate and recommend policy and guidelines for view corridors in the City of Atlanta; and for other purposes. (Held 9/12/06 at the request of the Department)

06C1984( 8) A Communication by Mayor Shirley Franklin re-appointing Tillman Ward to serve as a member of the Westside Tax Allocation District (TAD) Neighborhood Advisory Board for the City of Atlanta in the Neighborhood Merchant Category. This re-appointment is for a term of two (2) years, scheduled to begin on the date of Council confirmation. (Held 9/12/06 to allow appointee to come to the next Committee meeting)

06O2475( 9) An Ordinance by Councilmembers Anne Fauver and Howard Shook 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 2160-2224 Lenox Road & 1073 Woodland Avenue, NE from the “Low Density Residential” Land Use Designation to the “Medium Density Residential” Land Use Designation; and for other purposes. (4^th Quarter CDP Amendments Public Hearing held 11/27/06) (Held 11/28/06 at the request of the Department)

NPU-F Council District 6

06O1923(10) An Ordinance by Councilmembers Howard Shook, Jim Maddox, H. Lamar Willis and Ceasar C. Mitchell to amend the Land Use Element of the City of Atlanta’s 2004-2019 Comprehensive Development Plan (“CDP”) so as to designate property located in the Sandtown Community, after its annexation into the City of Atlanta, as Open Space, Single-Family Residential, Mixed-Use and Low-Density Commercial; and for other purposes. (Public Hearing held 9/11/06) (Forwarded with no recommendation to Full Council 9/12/06) (Referred back by Council 12/4/06) (Held 12/12/06 at the request of the department)

06O1925(11) An Ordinance by Councilmembers Howard Shook, Jim Maddox, H. Lamar Willis and Ceasar C. Mitchell to amend the Land Use Element of the City of Atlanta’s 2004-2019 Comprehensive Development Plan (“CDP”) so as to designate property located in the Cascade Glen Subdivision, after its annexation into the City of Atlanta, as Single-Family Residential; and for other purposes. (Public Hearing held 9/11/06) (Favorable by CD/HR Committee 9/12/06) (Referred back by Council 12/4/06) (Held 12/12/06 at the request of the department)

06O2696(12) An Ordinance by Councilmembers Mary Norwood , Carla Smith, Ceasar C. Mitchell, C. T. Martin, H. Lamar Willis, Natalyn Archibong , Cleta Winslow and Kwanza Hall to require a registration process for vacant property; to waive conflicting ordinances; and for other purposes. (Held 12/12/06 at the request of the department)

06R2648(13) A Resolution by Community Development/Human Resources Committee authorizing the Mayor, on behalf of the Department of Planning and Community Development, Bureau of Housing (“Department”), to enter into a Housing Assistance Payments (“HAP”) Contract Renewal with the Urban Residential Development Corporation to extend the HAP Contract for a period of one year, in order to pay rental subsidies on 69 units for homeless individuals, pursuant to the Section 8 Moderate Rehabilitation Program sponsored by the U. S. Department of Housing and Urban Development (HUD); and for other purposes. (Held 12/12/06 for HUD Letter)

06O2645(14) An Ordinance by Community Development/Human Resources Committee amending the 2007 (Intergovernmental Grant Fund) Budget by adding to anticipations and appropriations in the amount of $582,000.00 to increase the Budget amount authorized by the U. S. Department of Housing and Urban Development (HUD) for the City of Atlanta’s Section 8 Moderate Rehabilitation Program (GA269SR0006); and for other purposes. (Held 1/9/07 for HUD Letter)

07O0085(15) An Ordinance by Councilmembers Mary Norwood , C. T. Martin, Ivory Lee Young, Jr., H. Lamar Willis, Ceasar C. Mitchell and Natalyn Archibong to provide for the establishment of the City of Atlanta Board of Code Enforcement; and for other purposes. (Held 1/9/07 for pending work session)

07O0392(16) An Ordinance by Community Development/Human

CDP-07-05 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 2068-2100 Dekalb Avenue, NE, from the "Single Family Residential" Land Use Designation to the "Medium Density Residential” Land Use Designation; and for other purposes. (1^ST Quarter CDP Public Hearing held 3/12/07) (Held 3/13/07, deferred to 2^nd Quarter CDP Public Hearing 6/11/07)

NPU-N Council District 5

07O0399(17) An Ordinance by Community Development/Human

CDP-07-12 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 1450 Ralph David Abernathy, from the "Single Family Residential” Land Use Designation to the "Low Density Commercial" Land Use Designation; and for other purposes. (1^ST Quarter CDP Public Hearing held 3/12/07) (Held 3/13/07 awaiting companion Zoning legislation)

NPU-T Council District 10

07O0401(18) An Ordinance by Community Development/Human

CDP-07-14 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 3710-3770 Powers Ferry Road from the "Single Family Residential” Land Use Designation to the "Medium Density Residential" Land Use Designation; and for other purposes.

(1^ST Quarter CDP Public Hearing held 3/12/07) (Held 3/13/07 awaiting companion Zoning legislation)

NPU-A Council District 8

07O0402(19) An Ordinance by Community Development/Human

CDP-07-15 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 422, 424, 501 & 509 Pryor Street, from the "Medium Density Residential” Land Use Designation to the "Low Density Commercial" Land Use Designation; and for other purposes. (1^ST Quarter CDP Public Hearing held 3/12/07) (Held 3/13/07 awaiting companion Zoning legislation)

NPU-V Council District 4

07O0491(20) An Ordinance by Councilmembers Howard Shook and Jim Maddox to amend the Land Use Element of the City of Atlanta 2004 Comprehensive Development Plan (CDP) so as to designate those portions of properties within Unincorporated Fulton County known on the Tax Records of said County as Club Drive rear, Parcels 17 00120005046, 17 00120005049, 17 0010005050 and 17 00120005055; Mabry Road rear, Parcels 17 00130002015, 17 00130002016 and 17 00130002033; 4500 East Brookhaven Drive rear, Parcel 17 00120005052; 4536 East Brookhaven Drive, Parcel 17 00130002026; 4524 East Brookhaven Drive, Parcel 17 00130002038; 4520 East Brookhaven Drive, Parcel 17 0010002042; 4516 East Brookhaven Drive, Parcel 17 00130002043; and 4647 Club Valley Drive, Parcel 17 00130002041, to the Single-Family Residential Designation, effective upon its annexation into the City of Atlanta; and for other purposes. (Held 3/13/07 for a Public Hearing 6/11/07)

07O0499( 21) An Ordinance by Councilmembers Jim Maddox and Howard Shook to amend the Land Use Element of the City of Atlanta 2004 Comprehensive Development Plan (CDP) so as to designate property located at Welcome All Road, Parcel 14F0037 LL005, to the Industrial Designation, effective upon its annexation into the City of Atlanta; and for other purposes. (Held 3/13/07 for a Public Hearing 6/11/07)

07O0502( 22) An Ordinance by Councilmembers Jim Maddox and Howard Shook to amend the Land Use Element of the City of Atlanta 2004 Comprehensive Development Plan (CDP) so as to designate property known as Kimberly Road, Parcel 14F0030 LL010, Kimberly Road rear, Parcel 14F0030 LL011, Kimberly Road, Parcel 14F0030 Ll012, Kimberly Road, Parcel 14F0030 LL013, Kimberly Road, Parcel 14F0030 LL027, and Kimberly Road, Parcel 14F0030 LL028, to the Single-Family Residential Designation, effective upon its annexation into the City of Atlanta; and for other purposes. (Held 3/13/07 for a Public Hearing 6/11/07)

07O0508(23) An Ordinance by Councilmembers Jim Maddox and Howard Shook to amend the Land Use Element of the City of Atlanta 2004 Comprehensive Development Plan (CDP) so as to designate property located at Welcome All Road, Parcel 14F0037 LL008, to the Industrial Designation, effective upon its annexation into the City of Atlanta; and for other purposes. (Held 3/13/07 for a Public Hearing 6/11/07)

07O0510(24) An Ordinance by Councilmembers Jim Maddox and Howard Shook to amend the Land Use Element of the City of Atlanta 2004 Comprehensive Development Plan (CDP) so as to designate property known as Niskey Lake Trail, Parcel 14F0029 LL036, to the Medium Density Residential Designation, effective upon its annexation into the City of Atlanta; and for other purposes. (Held 3/13/07 for a Public Hearing 6/11/07)

07O0615(25) An Ordinance by Councilmember Jim Maddox to amend the Land Use Element of the City of Atlanta 2004 Comprehensive Development Plan (CDP) so as to designate property in the Cascade Falls Subdivision, after its annexation into the City of Atlanta, as Single-Family Residential; and for other purposes (Held 3/27/07 for a Public Hearing 6/11/07)

07O0673(26) An Ordinance by Councilmembers Jim Maddox, Joyce M. Sheperd, Mary Norwood , H. Lamar Willis, Ceasar C. Mitchell, Clair Muller, Anne Fauver and Ivory Lee Young, Jr., as substituted by Community Development/Human Resources Committee to amend Article II, Section 25, of the Atlanta Housing Code of 1987, Appendix “E” of the City of Atlanta Land Development Code, entitled “Owner and Tenant Responsibility for Cleanliness of Property”, so as to require that all outside storage items, utilized in connection with a permitted use of the property, be placed in the rear yard and invisible when the property is viewed from a front or a side view; to preclude the excessive accumulation of outside storage items; to waive conflicting ordinances; and for other purposes. (Held 5/1/07 for further discussion with the department)

07O0682(27) An Ordinance by Councilmember Clair Muller as substituted by Community Development/Human Resources Committee to create a New Section 15.07-006 of the Part of the City of Atlanta Land Development Code to address lots of record; to delete Sub-Paragraph J of Code Section 15.07-005; and for other purposes. (Held 5/1/07 at the request of the Department)

07R0691(28) A Resolution by Community Development/Human Resources Committee authorizing the Mayor, on behalf of the Department of Planning and Community Development, Bureau of Housing, to enter into an Intergovernmental Agreement for FC-600700020, Programmatic Services, with the Housing Authority of Dekalb County, for the purpose of implementing the federally funded Owner Occupied Housing Rehabilitation Program, in an amount not to exceed $3,500,000.00; all contracted work shall be charged to and paid from Fund, Account and Center Numbers: 3P05 529002 Y46P0907A3L0, 3P05 529002 Y46P0907A3M0, 3P05 529002 Y46P0907A3N0; 3P05 529002 Y46P0907A3P0, and 3P06 529002 Y47Q0273A7K0; and for other purposes. (Held 5/1/07 for Final Agreement)

07R0692(29) 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 5/1/07 for Budget Letter)

07R0693(30) A Resolution by Community Development/Human Resources Committee authorizing the Mayor to enter into a Housing Assistance Payments (HAP) Contract Amendment with Inpen Corporation`, in the amount of $137,880.00 for the purpose of continuing the Section 8 Moderate Rehabilitation Program at the Washington Properties Housing Complex, sponsored by the U. S. Department of Housing and Urban Development (HUD); and for other purposes. (Held 5/1/07 for Budget Letter)

07O0687(31) An Ordinance by Community Development/Human Resources Committee amending the 2007 (Intergovernmental Grant Fund) Budget by adding to anticipations and appropriations, in an amount of $299,189.00, 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 5/15/07 for Budget Approval Letter)

07O0688(32) An Ordinance by Community Development/Human Resources Committee amending the 2007 (Intergovernmental Grant Fund) Budget by adding to anticipations and appropriations, in the amount of $137,880.00, 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 (GA269MR0001/1 and GA269MR0001/2); and for other purposes. (Held 5/15/07 for Budget Approval Letter)

MEMBERS PRESENT: MADDOX, SHEPERD, MITCHELL, NORWOOD, YOUNG, HALL & WILLIS

PUBLIC SAFETY AND LEGAL

ADMINISTRATION COMMITTEE CLETA WINSLOW, CHAIR

ORDINANCES FOR SECOND READING

07O0695( 1) An Ordinance by Public Safety and Legal Administration Committee to amend the Charter of the City of Atlanta, Georgia, adopted under the authority of the Municipal Home Rule Act of 1965, O.C.G.A. 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 4, “Courts”, Section 4-104 regarding the Compensation of Municipal Court Judges; to repeal conflicting ordinances; and for other purposes.

FAVORABLE (2^ND READING, 1^ST ADOPTION)

07O0696( 2) An Ordinance by Public Safety and Legal Administration Committee to amend the Charter of the City of Atlanta, Georgia, adopted under the authority of the Municipal Home Rule Act of 1965, O.C.G.A. 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 4, “Courts”, Section 4-109 regarding the appointment of Judges Pro Hac Vice to the Municipal Court of Atlanta; to repeal conflicting ordinances; and for other purposes. (2^nd Reading, 1^st Adoption)

ADVERSE (1 ABSTENTION)

07O0975( 3) An Ordinance by Councilmember Cleta Winslow to reauthorize the extension of all permits for vending on public property issued in 2003 to December 31, 2007, or until anticipated revisions to the “Public Property Vending Code” are adopted and approved, whichever comes sooner; to re-impose a Moratorium on the Issuance of Permits to vend on Public Property until December 31, 2007, or until anticipated revisions to the “Public Property Vending Code” are adopted and approved, whichever comes sooner; to waive conflicting ordinances; and for other purposes.

(Councilmember Fauver made a motion to approve.)

FAVORABLE (1 NAY)

PAPERS HELD IN COMMITTEE

06R0433( 1) 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)

06O1044( 2) 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)

06O1142( 3) 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)

06O1601( 4) An Ordinance by Councilman C. T. Martin to amend Article XXIII (Entitled “Vending on Public Property”), Division 1, Section 30-1401, of the Code of Ordinances of the City of Atlanta, Georgia, so as to exempt Disabled Veterans from most of the provisions of the Public Property Vending Code; to waive conflicting ordinances; and for other purposes. (Held 8/15/06 for further review)

06R1719( 5) Claim of Kay E. Stephensen and Mark T. Gilliland, for damages alleged to have been sustained as a result of storm water overflow on May 16, 2003 at 1125 Rosedale Drive, NE. (Held 8/15/06 at request of Councilmember Fauver)

06O1908( 6) An Ordinance by Public Safety and Legal Administration Committee amending Chapter 162, Article II, Division 1, Section 162-33 of the Code of Ordinances of the City of Atlanta, Georgia (“City”), on behalf of the Department of Police, Bureau of Taxicabs and Vehicles for Hire (“Department”), for the purpose of increasing the fees the City assesses Taxicab Drivers and Taxicab Companies in order to offset the funding that’s provided by the City to subsidize the Department’s Operating Budget; to create a Taxicab Re-Inspection Fee; and for other purposes.

(Held 9/12/06 for a work session)

06R2678( 7) Claim of Richard McDonald, for damages alleged to have been sustained as a result of the claimant’s vehicle having been towed on October 15, 2006 at Mitchell Street and Elliot Street. (Referred back from Full Council on 01/02/07) (Held 1/9/07 for further review)

07O0078( 8) An Ordinance by Councilmember Cleta Winslow as amended by Full Council to amend Chapter 30, Article II, Section 30-26 (b), of the City of Atlanta Code of Ordinances, so that meetings of the License Review Board are not held during the month of December; and for other purposes. (Amended by Full Council and referred back by Council 1/16/07) (Held 1/30/07 so that a copy of the ordinance can be forwarded to the NPU’s for review and comment)

07O0249( 9) An Ordinance by Councilmembers Kwanza Hall and Cleta Winslow authorizing the Mayor or her designee to grant an exemption to the City’s Distance Requirements for on-premise consumption of alcohol and the sale of wine by the package on the 300 block of Walker Street. (Held 2/13/07 for further review.)

07R0545(10) Claim of Nancy Montgomery, for damages alleged to have been sustained as a result of a water main break during the installation of a sidewalk on June 6, 2006 at 2340 Hurst Drive, NE. (Referred back from Council 4/16/07) (Held 5/1/07 at the request of Councilmember Shook.)

07C0665(11) A Communication by Mayor Shirley Franklin re-appointing Mr. James T. Middlebrooks to serve as a Taxicabs & Vehicles for Hire Hearing Officer 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 5/1/07 until Mr. Middlebrooks appears before the committee.)

MEMBERS PRESENT: WINSLOW, MARTIN, SMITH, FAUVER & WILLIS

TRANSPORTATION COMMITTEE CLAIR MULLER, CHAIR

ORDINANCE FOR SECOND READING

07O0986( 1) An Ordinance by Councilmember Jim Maddox authorizing the Mayor or her designee to make Childress Drive, SW, a Three-Way Stop where it intersects with McMurray Drive, SW; and for other purposes.

FORWARDED WITH NO RECOMMENDATION

PAPERS HELD IN COMMITTEE

06O0186( 1) An Ordinance by Councilmember Natalyn M. Archibong as amended by Transportation Committee authorizing the Mayor or her designee to make Harold Avenue, NE a Three-Way Stop where it intersects with Muriel Avenue, NE; and for other purposes. (Amended and held 1/11/06 at request of the Department of Public Works pending additional study and discussion with author.)

06O0189( 2) An Ordinance by Councilmember Natalyn M. Archibong as amended by Transportation Committee authorizing the Mayor or her designee to make the intersection of Indiana Avenue, NE and Connecticut Avenue, NE an All-Way Stop; and for other purposes. (Amended and held 1/11/06 at request of the Department of Public Works pending additional study and discussion with author.)

06O0489( 3) An Ordinance by Councilmember Joyce M. Sheperd authorizing the Mayor or her designee to study vehicular and pedestrian traffic on Metropolitan Parkway to determine the placement of additional traffic calming signage warning of the School Zone for Capitol View Elementary School; and for other purposes. (Held 2/15/06 at request of the Department of Public Works pending additional study.)

06O0490( 4) An Ordinance by Councilmember Joyce M. Sheperd authorizing the Mayor or her designee to install traffic calming measures to reduce speeding on Springdale Road, SW from Perkerson Drive, SW to Cleveland Avenue, SW; and for other purposes. (Held 2/15/06 at request of the Department of Public Works pending additional study.)

06O0491( 5) An Ordinance by Councilmember Joyce M. Sheperd authorizing the Mayor or her designee to install traffic calming measures to reduce speeding on Oak Drive, SE from Empire Boulevard, SE to Brownsmill Road, SE; and for other purposes. (Held 2/15/06 at request of the Department of Public Works pending additional study.)

06O0492( 6) An Ordinance by Councilmember Joyce M. Sheperd authorizing the Mayor or her designee to install traffic calming measures to reduce speeding on Bromack Road, SE from Macon Drive, SE to Brownsmill Road, SE; and for other purposes. (Held 2/15/06 at request of the Department of Public Works pending additional study.)

06R1572( 7) A Resolution by Councilmember Kwanza Hall requesting that the Mayor or her designee remove those Parking meters on Auburn Avenue from Courtland Street to Jackson Street; and for other purposes. (Held 7/12/06 for additional discussion and consideration by Committee and presentation on the City Parking Meter Program by Public Works.)

06O2246( 8) An Ordinance by Councilmember Kwanza Hall authorizing the Mayor or her designee to install Traffic Calming Measures to reduce speed on North Avenue, from Freedom Parkway to Moreland Avenue; and for other purposes. (Held 10/11/06 at the request of Councilmember Hall so that the Department of Public Works can meet with the neighborhood.)

07R0619( 9) A Resolution by Councilmember Carla Smith authorizing the Mayor or her designee to issue a Notice to Proceed with Metcalf and Eddy/Cardozo Engineers, a Joint Venture for FC-7619-03E, Annual Contract for Architectural and Engineering Services, for an Asset Management Program Study for the submission of an application for the FHWA Grant, on behalf of the Department of Public Works, in an amount not to exceed $29,500.00; all contracted work shall charged to and paid from the following Fund, Account and Center Number: 3P02 574001 M22F03349999; and for other purposes. (Held 3/28/07 at the request of the Department of Public Works.)

07O0988(10) An Ordinance by Jim Maddox authorizing the Mayor or her designee to install Three-Way Stop signs at the intersection of Barge Road, SW and Stone Road, SW; and for other purposes. (Held 5/16/07 at the request of the Department of Public Works)

07R0963(11) A Resolution by Transportation Committee authorizing the Mayor to execute Renewal Agreement No. 1 with Airport Interviewing and Research, Inc., for FC-6005007943, Passenger Terminal Survey Consultant, to assist the Department of Aviation in detailing passenger opinions, viewpoints, and attitudes, the overall passenger service at the Airport Terminal, including restaurants, terminal area, cleanliness and accessibility of public restrooms, feeling of safety throughout the Airport, friendliness of airport and airline personnel, and other related airport characteristics, in an amount not to exceed $445,000.00; all contracted work shall be charged to and paid from Fund, Account and Center Number: 2H0L (Airport Revenue Fund) 524001 (Consultant/Professional Services) R51008 (Marketing and Public Relations); and for other purposes. (Held 5/17/07 at the request of the Department of Aviation.)

MEMBERS PRESENT: MULLER, MARTIN, MOORE, HALL, WILLIS & NORWOOD

ZONING COMMITTEE IVORY L. YOUNG, JR., CHAIR

ZRB SUMMARY REPORT (SEE ATTACHED LIST)

LEGISLATION

NUMBER

ZONING

NUMBER

LOCATION

(NPU/CD)

CHANGE

STAFF

RECOMM.

NPU

RECOMM.

ZRB

RECOMM

FAVORABLE

AS AMENDED

07O0633o:p>

U-07-01

2045 Graham Circle, SE and 1017 Fayetteville Road, SE

(W-5)

Special Use Permit for an Assisted Living Facility

Approval Conditional

Approval

Approval Conditional

07O0628o:p>

Z-07-23

1339 & 1297 Northwest Drive, NW

(G-9)

R4A to RG-2-C

Approval Conditional

Approval

Approval Conditional

ORDINANCES FOR SECOND READING

07O0852( 1) An Ordinance by Zoning Committee authorizing the Mayor or her designee to amend Ordinance 06O2311(Z-06-105B) by correcting the zoning designations in the legislation; and for other purposes.

FAVORABLE

07-O-0853 ( 2) An Ordinance by Zoning Committee authorizing the Mayor or her designee to amend Ordinance 06O2310(Z-06-105C) by correcting the zoning designations in the legislation; and for other purposes.

FAVORABLE

PAPERS HELD IN COMMITTEE

06-O-0038 ( 1) Z-05-56 An Ordinance by Councilmember Carla Smith to amend Various Sections of the Zoning Code of the City of Atlanta, for the purpose of clarifying and/or defining certain terms related to Supportive Housing; to provide how applications for such uses are to be processed; defining the term Community Center and removing certain redundant terms related to such use; redefining the conditions under which dormitories, Sorority Houses and Fraternity Houses are permitted; deleting rooming houses and boarding houses as permitted uses in certain districts; and for other purposes. (Held 2/1/06 for further review)

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

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

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

Depth: Varies

Area: Approximately 3.086 Acres

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

Owner: 2500 Peachtree Condominium Association, Inc.

Applicant: 2500 Peachtree Condominium Association, Inc.

NPU-C Council District 8

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

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

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

Depth: Varies

Area: Approximately 3.5 Acres

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

Owner: Portfolio Properties Construction Co., LLC.

Applicant: Portfolio Properties Construction Co., LLC.

NPU-Z Council District 12

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

Depth: Varies

Area: Approximately 0.339 Acre

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

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

Applicant: Jeffrey L. Wilson

NPU-W Council District 1

06O0955( 8) Z-06-44 A Substitute Ordinance by Zoning Committee to rezone from the I-1-C (Light Industrial-Conditional) District to the MR5-A (Multi-Family Residential) District, property located at 1155 Hill Street, SE, fronting approximately 350 feet on the west side of Hill Street and approximately 272 feet on the north side of Englewood Avenue. (Held 11/1/06 at the request of District Council Person)

Depth: Varies

Area: Approximately 8.719 Acres

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

Owner: Jack and Harvey Taffel

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

NPU-Y Council District 1

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

06O1927(10) An Ordinance by Councilmembers Howard Shook, H. Lamar Willis, Jim Maddox and Ceasar C. Mitchell as substituted by Zoning Committee to amend the 1982 Zoning Ordinance of the City of Atlanta, As Amended, so as to create a New Chapter to be entitled, 8B, Fulton County Townhouse Residential; to establish design guidelines for said District; to enact, by reference and incorporation, a Map establishing the boundaries of said District for the Cascade Glenn; to amend the City of Atlanta Zoning Maps; to modify the zoning process for annexations; and for other purposes. (Forwarded with no recommendation by Zoning Committee 9/13/06) (Referred back by Council 12/04/06) (Held 12/13/06 for further review)

07O0396(11) CDP-07-09 An Ordinance by Community Development/Human 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 349 14^th Street, from the "Low Density Commercial" Land Use Designation; to the "Mixed-Use" Land Use Designation; and for other purposes. (1^ST Quarter CDP Public Hearing held 3/12/07) (Held 3/13/07 awaiting companion Zoning legislation) (Favorable by CD/HR Committee 3/27/07) (Held 3/28/07 at the request of the applicant)

NPU-E Council District 2

07O0148(12) Z-06-138 An Ordinance by Zoning Committee to rezone from the C-2 (Commercial Service) District to the MRC-3 (Mixed Residential-Commercial) District, property located at 349 14^th Street, NW, fronting approximately 134 feet on the south side of 14^th Street, at the southwest corner.

Depth: Approximately 152 Feet

Area: Approximately 0.47 Acre

Land Lot: 149, 17^th District, Fulton County, Georgia

Owner: Julian W. Rikard

Applicant: Michael Gamble

(Held 3/28/07 at the request of the applicant)

NPU-E Council District 2

06O1445(13) 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. (Held 5/2/07 at the request of Councilmember of the District)

Depth: Varies

Area: Approximately 27 Acres

Land Lot: 15, 14^th District, Fulton County, Georgia

Owner: Atlanta Neighborhood Development Partnership

Applicant: Marvin Greer

NPU-H Council District 10

07O0383(14) Z-07-10 An Ordinance by Zoning Committee to rezone from the RG-2 (Residential General-Sector 2) District to the MR-3 (Multi-Family Residential) District, property located at 421 Connell Avenue, SE, fronting approximately 400 feet on the north side of Connell Avenue beginning approximately 100 feet from the northeast corner of Cleveland Circle. (Held 5/2/07)

Depth: Approximately 589 Feet

Area: Approximately 4.98 Acres

Land Lot: 92, 14^th District, Fulton County, Georgia

Owner: Oyuind Jordhoy

Applicant: Kevin S. Edwards

NPU-X Council District 12

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

PENDING LEGISLATION IN ZRB

06O0017( 1) An Ordinance by Councilmember Carla Smith

Z-05-104 to amend the 1982 City of Atlanta Zoning Ordinance, as amended, to define and regulate Infill Residential Development; and for other purposes.

06O0026( 2) An Ordinance by Councilmember Carla Smith to amend

Z-05-125 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.

06O0569( 3) An Ordinance by Zoning Committee to rezone property from

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

Depth: Varies

Area: Approximately .779 Acre

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

Owner: Desmond Q. McKnight

Applicant: Lee Mayweather

NPU-Z Council District 1

06O0777( 4) An Ordinance by Councilmember Carla Smith to rezone from

Z-06-38 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, 15^th District, Dekalb County, Georgia

Owner: Al Livnat

Applicant: Jared L. Samples

NPU-O Council District 5

06O1066( 5) Ordinance by Councilmember Anne Fauver to amend

Z-06-65 Section 16-24.005 (5) of the Code of Ordinances of the City of Atlanta (The Zoning Ordinance) 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 non-conforming 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.

06O1569( 6) An Ordinance by Councilmember Kwanza Hall to amend

Z-06-76 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( 7) An Ordinance by Councilmember Kwanza Hall to amend

Z-06-93 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 5^th 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”)

06O1803( 8) An Ordinance by Zoning Committee to rezone from the R-3

Z-06-84 (Single-Family Residential) and C-1 (Community Business) Districts to the C-1 (Community Business) District, property located at 4402-4418 Roswell Road, NE, fronting approximately 277 feet on the southwest side of Wieuca Road, beginning approximately 286 feet from the northwest corner of Roswell Road.

Depth: Approximately 392 Feet

Area: Approximately 2.33 Acres

Land Lot: 95, 17^th District, Fulton County, Georgia

Owner: Cloverleaf Properties I, LP/Walco Investments, LP

Applicant: Cloverleaf Wieuca, LLC

NPU-B Council District 8

06O1922( 9) An Ordinance by Councilmembers Howard Shook, H. Lamar Willis, Jim Maddox and Ceasar C. Mitchell to amend the 1982 Zoning Ordinance of the City of Atlanta, as amended, so as to create a New Chapter to be entitled, 18U, Sandtown Overlay District: to establish design guidelines for said District; to enact, by reference and incorporation, a Map establishing the boundaries of said District for the Sandtown Community; to amend the City of Atlanta Zoning Maps; to modify the zoning process for annexations; and for other purposes.

06O2259(10) An Ordinance by Zoning Committee to amend Ordinance 01-

Z-06-104 O-0897 (Z-01-33) which rezoned property, located at 4070 Anneey Drive, SW, to the PD-H (Planned Development-Housing) District for the purpose of a Site Plan Amendment.

Depth: Approximately 231 Feet

Area: Approximately .39 Acre

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

Owner: Kaseem Penn

Applicant: Meghan McKeon

NPU-P Council District 11

06O2308(11) An Ordinance by Zoning Committee to rezone from the SPI-

Z-06-113 6 (Poncey Highland Special Public Interest) District to the C-1 (Community Business) District, property located at 863 Ponce de Leon (rear), NE, fronting approximately 63 feet on the east side of Barnett Street, beginning 150 feet from the westerly corner of Barnett Street and Ponce de Leon Avenue.

Depth: Approximately 74 Feet

Area: Approximately 0.861 Acre

Land Lot: 17, 14^th District, Fulton County, Georgia

Owner: Robert T. Budd

Applicant: Kevin A. Ross

NPU-N Council District 6

06O2309(12) An Ordinance by Zoning Committee to rezone from the C-1

Z-06-112 (Community Business) District to the C-3-C (Commercial Residential-Conditional) District, property located at 2561 Bolton Road, NW, 2338, 2346, 2358, 2372, 2380 and 2390 Coronet Way, NW, 2400 Coronet Way, NW, and 2611 Bolton Road, NW, property fronts approximately 640 feet along the northwesterly side of Coronet Way, approximately 607 feet along the south side of Bolton Road and approximately 665 feet along the north side of Marietta Boulevard.

Depth: Varies

Area: Approximately 11 Acres

Land Lot: 130, 17^th District, Fulton County, Georgia

Owners: Coronet Way, LLC, Robert R. Parrish and Louis Pichulik

Applicant: Coronet Way, LLC/ c/o Herbet Ames, Edens and Avant

NPU-C Council District 9

06O2468(13) An Ordinance by Councilmember Carla Smith to amend

Z-06-123/Z-06-56 Ordinance 06O0944(Z-06-56) which rezoned property from the MRC-3-C (Mixed Residential Commercial-Conditional) and I-1 (Light Industrial) Districts to the PD-MU (Planned Development-Mixed Use) District adopted by City Council October 16, 2006 and approved by the Mayor, property located at 695 North Avenue, NE, for the purpose of a Site Plan Amendment, and to rezone a portion of the property, from the PD-MU (Planned Development-Mixed Use) District to the I-1 (Light Industrial) District.

06O2474(14) An Ordinance by Councilmembers Anne Fauver and Howard

Z-06-122 Shook to rezone the properties located at 2160, 2164, 2172, 2184, 2186, 2192, 2200, 2210, 2214, 2220 and 2224 Lenox Road and 1073 Woodland Avenue from the MR-2 (Multi-Family Residential) District to the MR-3-C (Multi-Family Residential-Conditional) District; and for other purposes.

NPU-F Council District 6

06O2697(15) An Ordinance by Councilmember Carla Smith to amend

Z-06-144 Chapter 28 of Part 16 of the Atlanta City Land Development Code to provide for density increases in exchange for affordable workforce housing; to define certain terms; to provide limitations and requirements; and for other purposes.

PENDING LEGISLATION FOR ZRB (CONT’D)

06O2690(16) An Ordinance by Zoning Committee to rezone from the

Z-06-128 C-1 (Community Business) and R-4 (Single-Family Residential) Districts to the MRC-1 (Mixed Residential Commercial) District, property located at 2068-2100 Dekalb Avenue, NE, fronting approximately 426 feet on the north side of Dekalb Avenue and located at the intersection of Dekalb Avenue and Dekalb Place.

Depth: Approximately 146 Feet

Area: Approximately 1.454 Acres

Land Lot: 212, 15^th District, Dekalb County, Georgia

Owner: Paul G. Grier and Robert S. Wayne

Applicant: Franco Defoor Properties, LLC.

NPU-N Council District 5

07O0135(17) An Ordinance by Councilmember Jim Maddox to amend the

Z-07-11 City of Atlanta Zoning Code to amend the City of Atlanta Zoning Maps to enact, by reference and incorporation, a map establishing the boundaries for the Huntington Subdivision; to modify the zoning process for annexations; and for other purpose.

07-O-136 (18) An Ordinance by Councilmember Jim Maddox to amend the

Z-07-12 City of Atlanta Zoning Code; to amend the city of Atlanta zoning Maps; to enact, by reference and incorporation, a map establishing the boundaries for the Regency Subdivision; to modify the Zoning process for annexations; and for other purposes.

07O0137(19) An Ordinance by Councilmember Jim Maddox to amend

Z-07-13 Sections 16-28A.010 (46) of the City of Atlanta Sign Ordinance regulating the Signage allowed in the Greenbriar Special Public Interest Zoning District (SPI-20), so as to allow certain signs to be placed in the median strip of public right-of-way which was dedicated to the City and which serve as the entrance to major mixed-use developments; and for other purposes.

07O0148(20) An Ordinance by Zoning Committee to rezone from the C-2

Z-06-138 (Commercial Service) District to the MRC-3 (Mixed Residential-Commercial) District, property located at 349 Fourteenth Street, NW, fronting approximately 134 feet on the south side of 14^th Street, at the southwest corner.

Depth: Approximately 152 Feet

Area: Approximately 0.47 Acre

Land Lot: 149, 17^th District, Fulton County, Georgia

Owner: Julian W. Rikard

Applicant: Michael Gamble

NPU-E Council District 2

07O0257(21) An Ordinance by Zoning Committee to adopt a Digital Zoning

Z-07-30 Map for the City of Atlanta.

07O0260(22) An Ordinance by Zoning Committee to rezone from the R-4

Z-06-145 (Single-Family Residential) District to the R-LC (Residential-Limited Commercial) District, property located at 216 Southside Industrial Parkway, SE (also known as Poole Creek Road), fronting approximately 112 feet on the north side of Southside Industrial Parkway beginning 310 feet from the northwest corner of Gilbert Road.

Depth: Varies

Area: Approximately 0.38 Acre

Land Lot: 64, 14^th District, Fulton County, Georgia

Owner: Charles S.W. Rainey

Applicant: Charles S. W. Rainey

NPU-Z Council District 12

07O0261(23) An Ordinance by Zoning Committee to rezone from the R-4

Z-07-01 (Single-Family Residential) District to the C-1 (Community Business) District, property located at 1450 Ralph David Abernathy Boulevard, SW, (formerly known as Gordon Street), fronting approximately 318 feet on the north side of Stokes Avenue and approximately 616 feet on the west side of Ralph David Abernathy Boulevard. Property is located at the intersection of Ralph David Abernathy Boulevard, Willard Avenue and Stokes Avenue.

Depth: Varies

Area: Approximately 1.71 Acres

Land Lot: 140, 14^th District, Fulton County, Georgia

Owner: Onesimus Properties, LLC.

Applicant: Ramon Tookes

NPU-T Council District 10

07O0264(24) An Ordinance by Zoning Committee to rezone from the R-3

Z-07-04 (Single-Family Residential) District to the RG-3 (Residential General-Sector 3) District, property located at 3764, 3718, 3770, 3748, 3726, 3734, 3710, 3756 Powers Ferry Road, NW, fronting approximately 553 feet on the south side of Powers Ferry Road beginning approximately 546 feet from the northwest corner of Roswell Road.

Depth: Approximately 309 Feet

Area: 4.40 Acres

Land Lot: 97, 17^th District, Fulton County, Georgia

Owners: Douglas J. McAlpine, Carol W. McAlpine, Phillip Y. Young, Popi Y. Young, K enneth P. Martin/Ruth M. Lomason, Susan F. Abrahams, David G. Camia, Charles P. Owens, Farhad, Abbassi

Applicant: Alexander Properties Group, Inc.

NPU-A Council District 8

07O0265(25) An Ordinance by Zoning Committee to rezone from the SPI-

Z-07-05 18-Subarea 4 (Mechanicsville Special Public Interest) District to SPI-18-Subarea 3 (Mechanicsville Special Public Interest) District, property located at 422, 424, 501 and 509 Pryor Street, SW, fronting approximately 255 feet on the west side of Pryor Street.

Depth: Varies

Area: Approximately 1.03 Acres

Land Lot: 76, 14^th District, Fulton County, Georgia

Owner: Devin L. Rhodriguez

Applicant: Valerie Edwards

NPU-V Council District 4

07O0266(26) An Ordinance by Zoning Committee to rezone from the R-3

Z-07-06 (Single-Family Residential) District to the PD-H (Planned Development-Housing) District, property located at 3931 Land O’ Lakes Drive, NE, fronting approximately 50 feet on the east side of Land O’ Lakes Drive, beginning approximately 790 feet northwest of the intersection of Sheldon Drive and Land O’Lakes Drive.

Depth: Varies

Area: Approximately 3.78 Acres

Land Lot: 63, 17^th District, Fulton County, Georgia

Owner: Gerald and Michele K. Palmer

Applicant: Wayne H. Knox

NPU-B Council District 7

07O0382(27) An Ordinance by Zoning Committee to rezone from the I-1

Z-07-09 (Light Industrial), R-4 (Single-Family Residential) and RG-2 (Residential General-Sector 2) Districts to the MRC-3 (Mixed Residential Commercial) District, property located at 1101 Collier Road, NW, fronting approximately 780 feet on the north side of Collier Road at the northwest corner of I-75 Expressway and Collier Road.

Depth: Approximately 1,055 Feet

Area: 12.76 Acres

Land Lots: 185 and 186, 17^th District, Fulton County, Georgia

Owners: Douglas S. Kuniansky and David L. Kuniansky

Applicant: 1011 Collier, LLC.

NPU-C Council District 9

07O0384(28) An Ordinance by Zoning Committee to rezone from the I-2

Z-07-18 (Heavy Industrial) District to the MR-4A (Multi-Family Residential) District, property located at 479-489 Stephens Street, SW, fronting approximately 228 feet on the north side of Stephens Street, beginning approximately 350 feet from the northeast corner of Humphries Street.

Depth: Approximately 185.29 Feet

Area: Approximately 1 Acre

Land Lot: 86, 14^th District, Fulton County, Georgia

Owner: Thelma T. Mayson Ornstein (Trustee)

Applicant: John A. Bell

NPU-V Council District 4

07O0385(29) An Ordinance by Zoning Committee to rezone from the R-4

Z-07-20 (Single-Family Residential) District to the C-1 (Community Business) District, property located at 3830 Old Gordon Road, SW, fronting approximately 93.34 feet on the west side of Old Gordon Road beginning approximately 609 feet from the northwest corner of Old Gordon Road and Martin Luther King, Jr. Drive.

Depth: Approximately 396 Feet

Area: Approximately 0.8 Acre

Land Lot: 15, 14ff District, Fulton County, Georgia

Owners: Winifred Gayle-Brown/Astley Brown

Applicant: Winifred Gayle-Brown

NPU-H Council District 10

07O0388(30) An Ordinance by Zoning Committee to rezone from the R-LC-

Z-07-22 C (Residential Limited Commercial-Conditional) District to the R-LC (Residential Limited Commercial) District property located at 2264 Childress Drive, SW, fronting approximately 376 feet on the east side of Childress Drive.

Depth: Varies

Area: Approximately 2.96 Acres

Land Lot: 219, 14^th District, Fulton County, Georgia

Owner: Rachelle Dennis-Smith

Applicant: Rachelle Dennis-Smith

NPU-R Council District 11

07O0389(31) An Ordinance by Zoning Committee to amend Ordinance 04-

Z-07-24 O-2076/Z-04-127 which amended Z-03-85 which rezoned property from the RG-2 (Residential General-Sector 2) District to the PD-H (Planned-Development-Housing) District, property located at 201 Moury Avenue, SE for the purpose of a Site Plan Amendment.

Owner: Villages at Carver, LLC.

Applicant: James R. Bailey

NPU-Y Council District 11

07O0375(32) An Ordinance by Councilmember Kwanza Hall to amend the

Z-07-31 proposed BeltLine Overlay District Map Boundaries (Z-06-121) so as to correct and clarify the rezoning of properties in the Butler/Auburn and Old Fourth Ward/Central Atlanta/Bedford Pine Neighborhoods which are wholly or partially located in Council District 2; to clearly denote that certain additional properties shall be included in the BeltLine Overlay District; and for other purposes.

07O0493(33) An Ordinance by Councilmembers Howard Shook and Jim

Z-07-32 Maddox to rezone those portions of properties within Unincorporated Fulton County known on the Tax Records of said County as Club Drive rear, Parcels 17 00120005046, 17 00120005049, 17 0010005050 and 17 00120005055; Mabry Road rear, Parcels 17 00130002015, 17 00130002016 and

17 00130002033; 4500 East Brookhaven Drive rear, Parcel 17 00120005052; 4536 East Brookhaven Drive, Parcel 17 00130002026; 4524 East Brookhaven Drive, Parcel 17 00130002038; 4520 East Brookhaven Drive, Parcel 17 0010002042; 4516 East Brookhaven Drive, Parcel 17 00130002043; and 4647 Club Valley Drive, Parcel 17 00130002041, from the R-3 (Fulton County Single-Family Residential) District to the R-3 (Atlanta Single-Family Residential) District; to modify the Official Zoning Maps; and for other purposes.

07O0497(34) An Ordinance by Councilmember C. T. Martin to amend

Z-07-33 Section 16-28.008 (10) of the City of Atlanta Zoning Code so as to eliminate the one (1) year restriction imposed upon private property vendors with respect to a vending site; to waive conflicting ordinances; and for other purposes.

07O0501(35) An Ordinance by Councilmembers Jim Maddox and Howard

Z-07-34 Shook to rezone the property known as Kimberly Road, Parcel 14F0030 LL010, Kimberly Road rear, Parcel 14F0030 LL011, Kimberly Road, Parcel 14F0030 LL012, Kimberly Road, Parcel 14F0030 LL013, Kimberly Road, Parcel 14F0030 LL027 and Kimberly Road, Parcel 14F0030 LL028, be changed from the R-3 (Fulton County Residential) District to the R-3 District; to modify the Official Zoning Maps and for other purposes.

07O0503(36) An Ordinance by Councilmembers Jim Maddox and Howard

Z-07-35 Shook to rezone the property known as Niskey Lake Trail, Parcel 14F0039 LL036, be changed from the R-5 (Fulton County Residential) District to the R-5 District; to modify the Official Zoning Maps; and for other purposes.

07O0506(37) An Ordinance by Councilmembers Jim Maddox and Howard

Z-07-36 Shook to rezone the property located at Welcome All Road, Parcel 14F0037 LL005, be changed from the AG-1 (Fulton County Agricultural) District to the I-2 (Atlanta Heavy Industrial) District; to modify the Official Zoning Maps; and for other purposes.

07O0507(38) An Ordinance by Councilmembers Jim Maddox and Howard

Z-07-37 Shook to rezone the property located at Welcome All Road, Parcel 14F0037 LL008, be changed from the AG-1 (Fulton County Agricultural) District to the I-2 (Atlanta Heavy Industrial) District; to modify the Official Zoning Maps; and for other purposes.

07O0571(39) An Ordinance by Zoning Committee to rezone from the R-LC-

Z-07-14 C (Residential Limited Commercial-Conditional) District to the R-LC (Residential Limited Commercial) District, property located at 2890 Piedmont Road, NE, fronting approximately 60 feet on the east side of Piedmont Road, beginning approximately 1,765 feet from the southeast corner of North Hills Drive.

Depth: Approximately 256 Feet

Area: Approximately 0.279 Acre

Land Lot: 60, 17^th District, Fulton County, Georgia

Owner: Nicholas V. Ashdown

Applicant: Nicholas V. Ashdown

NPU-B Council District 7

07O0599(40) An Ordinance by Zoning Committee to rezone from the I-2

Z-07-16 (Heavy Industrial) District to the MRC-3 (Mixed Residential Commercial) District, property located at 790 Huff Road, NW, fronting approximately 200 feet on the south side of Huff Road, at the southeast corner of Foster Street.

Depth: Varies

Area: Approximately 3.48 Acres

Land Lot: 150, 17^th District, Fulton County, Georgia

Owners: Robert S. Hayward/Ellis L. Shamburger, Jr./C.

Keith Palmer/

Applicant: John A. Bell

NPU-D Council District 9

07O0602(41) An Ordinance by Zoning Committee to amend Sections 16-

Z-07-53 28A.004, 16-28A.007(h), 16-28A.007(p), 16-28A.013(a) and (b) of the City of Atlanta Sign Ordinance and to add a new Section 16-28A.007(x) so as to update the definition of a changing sign and sign copy, to include electronically changed signs; to remove conflicting language; to more effectively regulate signs which constitute a traffic hazard; to add certain regulations on changing signs by incorporating certain of the limitations and conditions imposed by state law on these types of signs; to amend the requirements of building signature signs; to amend the permit requirements and procedures for signs and for other purposes.

07O0611(42) An Ordinance by Councilmember Clair Muller to amend the Land Development Code, Section 16.28.005(5) to limit the height of retaining walls in front, half depth front, side and rear setbacks, or yards; and for other purposes.

07O0614(43) An Ordinance by Councilmember Jim Maddox to amend the City of Atlanta Zoning Code; to amend the City of Atlanta Zoning Maps; to enact, by reference and incorporation, a map establishing the boundaries for the Cascade Falls Subdivision; to modify the Zoning Process for Annexations; and for other purposes.

07O0621(44) An Ordinance by Councilmember Carla Smith and Ivory Lee Young, Jr. to amend the City of Atlanta Land Development Code to create Code Section 16.28.023(a) Titled Transfer of Development Rights in the BeltLine Planning Area; to provide for definitions; and for other purposes.

07O0626(45) An Ordinance by Zoning Committee to rezone from the R-4

Z-07-17 (Single-Family Residential) District to the PD-H (Planned Development-Housing) District, property located at 507 Macon Drive, SE, fronting approximately 306 feet on the south side of Macon Drive, beginning approximately 214 feet from the south side of Mobley Drive.

Depth: Approximately 1,315 Feet

Area: Approximately 16.13 Acres

Land Lot: 60, 14^th District, Fulton County, Georgia

Owner: Barbara Goransson

Applicant: Brian J. London

NPU-Z Council District 12

07O0627(46) An Ordinance by Zoning Committee to rezone from the PD-H

Z-07-19 (Planned Development-Housing) District to the RG-3-C (Residential General Sector 3-Conditional) District, property located at 2862 Lenox Road, NE, fronting approximately 142 feet on the west side of Lenox Road, beginning approximately 669 feet from the southwest corner of Lenox Road and Burke Road.

Depth: Varies

Area: Approximately 2.57 Acres

Land Lots: 47 and 7, 17^th District, Fulton County, Georgia

Owners: Marilyn Mollenkam, Executris for the Estate of

Shirley V. Mollenkamp

Applicant: Lenox Road Development, LLC.

NPU-B Council District 7

07O0629(47) An Ordinance by Zoning Committee to rezone from the R-5

Z-07-25 (Two-Family Residential) District to the C-1(Community Business) District, property located at 1280 Ralph David Abernathy Boulevard, SW, fronting approximately 53 feet on the north side of Ralph David Abernathy Boulevard.

Depth: Varies

Area: Approximately 0.189 Acre

Land Lot: 139, 14^th District, Fulton County, Georgia

Owner: William H. Gunn

Applicant: William H. Gunn

NPU-T Council District 4

07O0630(48) An Ordinance by Zoning Committee to rezone from the R-4

Z-07-26 (Single-Family Residential) District to the MR-4 (Multi-Family Residential) District, property located at 668 North Avenue, NE, fronting approximately 76 feet on the north side of North Avenue, beginning approximately 110 feet from the northeast corner of Sunset Avenue.

Depth: Approximately 140 Feet

Area: Approximately 0.23 Acre

Land Lot: 111, 14^th District, Fulton County, Georgia

Owner: Rashon Smit/RDI Investments

Applicant: Herbert V. Kennedy

NPU-L Council District 3

07O0631(49) An Ordinance by Zoning Committee to rezone from the C-1-C

Z-07-29 (Community Business-Conditional) District to the C-1-C (Community Business-Conditional) District, for the purpose of a Site Plan Amendment, property located at 2451 Donald Lee Hollowell Parkway (formerly known as Bankhead Highway), fronting 427.92 feet on the northwesterly side of Donald Lee Hollowell Parkway, beginning 137 feet northeasterly from the northeast corner of Hall Street.

Depth: Varies

Area: Approximately 5.478 Acres

Land Lot: 177, 14^th District, Fulton County, Georgia

Owner: Salem Baptist Church, Inc.

Applicant: Freisem, Macon, Swann and Malone, LLP

NPU-J Council District 9

07O0632(50) An Ordinance by Zoning Committee to rezone from the R-4A

Z-07-39 (Single-Family Residential) District to the R-4B (Single-Family Residential) District, property located at 518 English Avenue, NW, fronting approximately 40 feet on the west side of English Avenue, beginning approximately 173 feet from the northwest corner of Kennedy Street.

Depth: 127 Feet

Area: Approximately 0.12 Acre

Land Lot: 111, 14^th District, Fulton County, Georgia

Owner: Lakeisha J. Darling

Applicant: Lakeisha J. Darling

NPU-L Council District 3

07O0634(51) An Ordinance by Zoning Committee granting a Special Use

U-07-03 Permit for a Personal Care Home (Section 16-06A.005 (1)(g)) property located at 939 North Eugenia Place, NW, fronting approximately 50 feet on the east side of North Eugenia Place, approximately 461 feet west of the intersection Graham Circle and Fayetteville Road and approximately 220 feet north of the intersection of the Newman Street and North Eugenia Place.

Depth: Approximately 200 Feet

Area: 0.226 Acre

Land Lot: 226, 17^th District, Fulton County, Georgia

Owner: Paul and Willie Moss

Applicant: Paul and Willie Moss

NPU-J Council District 9

07O0635(52) An Ordinance by Zoning Committee granting a Special Use

U-07-04 Permit for a Daycare Center (Section 16-07.005 (1)(b)) property located at 51 Polar Rock Road, SW (also addressed as 2119 Polar Rock Road, SW, fronting approximately 194 feet on the west side of Polar Rock Road.

Depth: Varies

Area: Approximately 2.5 Acres

Land Lot: 71, 14^th District, Fulton County, Georgia

Owner: Rufus Whitlock

Applicant: Deke D. Cooper

NPU-Z Council District 12

07O0636(53) An Ordinance by Zoning Committee granting a Special Use

U-07-05 Permit for a Broadcasting Tower (Section 16-16.005 (1)(h)) property located at 2155 Monroe Place, NE, fronting approximately 148.86 feet on the west side of Monroe Place.

Depth: Approximately 824 Feet

Area: 5.123 Acres

Land Lot: 57, 17^th District, Fulton County, Georgia

Owners: Pacific and Southern Company, Inc./Detroit

Newspaper Partnership, L.P./Gannett Satellite Information Network, Inc.

Applicant: WXIA-TV/WATL-TV, Division of Pacific and

Southern Company, Inc./Bob Walker, President/General Manager/Sharon Pierce, Vice President/Business Manager

NPU-F Council District 6

07O0637(54) An Ordinance by Zoning Committee granting a Special Use

U-07-06/U-00-34 Permit for a Private School (Section 16-07.005 (1)(l)) and (Section 16-08.005 (1) (k)) property located at 321-361 Tenth Street, NE, fronting approximately 564.51 feet on the south side of Tenth Street, beginning 200 feet from the southeastern corner of Argonne and Tenth Street.

Depth: 276.22 Feet

Area: Approximately 2.78 Acres

Land Lot: 54, 17^th District, Fulton County, Georgia

Owner: The Children’s School, Inc.

Applicant: The Children’s School

By: Michael W. Tyler, Esq.

NPU-E Council District 6

07O0642(55) An Ordinance by Zoning Committee to amend the 1982

Z-07-44 Zoning Ordinance of the city of Atlanta, as amended, so as to provide maximum Floor Area Ratios in the R-4A and R-4B Zoning Districts and maximum lot coverage in the R-4B Zoning District; provide new maximum Floor Area Ratios and lot coverages for the various types of structures allowed in the R-5 Zoning District; to create a new Section 16-24.008 concerning the measurement of floor area for additions to residential structures; amend Section 16-28.008(5) concerning the height of walls in required yards; amend Section 16-28.009 to clarify application of the Floor Area Ratio calculation; create a new section 16-28.026 concerning limiting height of the main floor level; to amend Section 16-29.001 (12)(a)(3) concerning the definition of two-family and duplex dwellings; to amend Section 16-29.001(13) to provide for a new definition of Floor Area; to amend Section 16-29.001(27) to provide for a new definition of Building to amend Section 16-29.001(37) to provide for an amended definition of Floor Area Ratio; create a new Section 16-29.001(67) defining Attics; create a new Section 16-29.001(68) defining Basements; create a new Section 16-29.001(69) defining Main Floor Level; and for other purposes.

07O0978(56) An Ordinance by Councilmember Kwanza Hall to amend the

Z-07-58 1982 Zoning Ordinance of the City to amend Chapter 20N Castleberry Hill Landmark District Regulations; and for other purposes.

FINANCE/EXECUTIVE COMMITTEE HOWARD SHOOK, CHAIR

07-TR-1006 ( 1) Report of the Chief Financial Officer of the transfer of appropriations from one line item to another line item to various Funds as approved under Section 6-304(b) of the Charter of the City of Atlanta.

FILE

ORDINANCES FOR SECOND READING

07O0679( 1) An Ordinance by Councilmembers Felicia Moore, Cleta Winslow, Howard Shook , Carla Smith , Clair Muller, Ivory Lee Young and Jim Maddox as amended 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. 469 et seq., by amending Article 3, Chapter 1 Section 3-104 (14) so as to adjust the effective date of Ordinance 06O0380which implements changes to Article 3, Chapter 1, Section 3-104 (14); and Article 6, Chapter 4, Section 6-402 of the City Charter; and for other purposes. (First Reading 4/16/07; Second Reading, First Adoption 5/7/07)

FAVORABLE – 3^rdREADING, FINAL ADOPTION

07O0680( 2) An Ordinance by Councilmember Howard Shook , Felicia Moore, Carla Smith , Cleta Winslow, Clair Muller, Jim Maddox and Ivory Lee Young as substituted 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 2, Chapter 6 Section 2-605 so as to allow the City Internal Auditor to effectively and independently conduct Performance and Financial Audits of all Departments, Offices, Boards, Activities and Agencies of the City; and for other purposes.

FAVORABLE – 3^RD READING, FINAL ADOPTION

07O0715( 3) An Ordinance by Finance/Executive Committee authorizing automobile expense reimbursement for the position numbers listed herein in the Department of Law, to be charged to and paid from Fund, Account and Center Number: 1A01 (General Fund) 527005 (Auto Allowance) H11001 (City Attorney); and for other purposes.

FILE

07O0717( 4) An Ordinance by Finance/Executive Committee authorizing automobile expense reimbursement for various positions within the Department of Parks, Recreation, and Cultural Affairs; and for other purposes.

FILE

07O0984( 5) An Ordinance by Councilmembers Ceasar C. Mitchell and Howard Shook as substituted by Finance/Executive Committee [i] authorizing the Mayor to execute Change Order #1 with Archer Western Contractors, LTD./Capital Contracting Company, Inc., a Joint Venture, to Contract No. FC-7692-04; CONRAC Automated People Mover System, Design, Build, and Installation, on behalf of the Department of Aviation, in an amount not to exceed $29,500,000.00 to be charged to and paid from the following Fund, Account and Center Numbers; 2H21 (Renewal and Extension Fund) 574001 (Fac. other than Buildings) R21E01039999 (AGTS Expansion) $8,000,000.00 2H33 (2004 Airport PFC Bond Fund F-K) 574001 (Fac. other than Buildings) R21E013593CR (CONRAC APM) $19,000,000.00; 2H33 (2004 Airport PFC Bond Fund F-K) 574001 (Fac. other than Buildings) R21E605393CR (CONRAC APM) $2,500,000.00; [ii] waiving conflicting ordinances to this transaction, including, but not limited to, the application of Chapter 2; Article X of the City of Atlanta’s Code of Ordinances; and [iii] for other purposes.

FAVORABLE ON SUBSTITUTE (1 NAY)

RESOLUTIONS

07R0940( 1) A Substitute Resolution by Finance/Executive Committee authorizing the Mayor to execute Change Order No. 1 with Dynaelectric Company, for FC-3006007946, Airline Employee Parking Relocation-Phase 1, on behalf of the Department of Aviation, in an amount not to exceed $650,000.00; all contracted work will be charged to and paid from Fund, Account and Center Number: 2H21 (Airport Renewal & Extension Fund) 574001 (Facilities other than Buildings) R21E60969999 (Planning and Development); and for other purposes.

FAVORABLE ON SUBSTITUTE – (1 ABSTENTION)

07R1002( 2) An Amended Resolution by Finance/Executive Committee

*** authorizing the Mayor to execute an Intergovernmental Contract with the Downtown Development Authority of the City of Atlanta; authorizing an Acknowledgement of Service and the Filing of an Answer on behalf of the City of Atlanta in validation proceedings to be brought validating the Authority’s Revenue Bond’s (Downtown Redevelopment Project), Series 2007A (The “Series 2007A Bonds”) and the Taxable Revenue Bonds (Downtown Redevelopment Project), Series 2007B (The “Series 2007B Bonds,” and, together with the Series 207A Bonds, the “Series 2007 Bonds”), in the Maximum combined Aggregate Principal Amount of not to exceed $28,000,000.00 to finance a portion of the projects or phases of projects in the Five-Year Work Plan previously approved by the City of Atlanta (“The City”) in connection with the implementation of the initial Phase of the BeltLine Redevelopment Plan for the City’s Tax Allocation District Number Six-BeltLine, and to pay costs of issuance of the Series 2007 Bonds; authorizing the execution of a continuing Bond Purchase Agreement; authorizing the Execution of a disclosure agreement; authorizing the approval of the Official Statement; and for other purposes.

FAVORABLE AS AMENDED (1 ABSTENTION)

PAPERS HELD IN COMMITTEE

06O0787( 1) An Ordinance by Councilmember Ceasar C. Mitchell as substituted by Finance/Executive Committee 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. (Substituted and held 3/29/06 at the request of the author.)

06R1450( 2) A Resolution by Councilmembers Mary Norwood and Ceasar C. 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. (Substituted and held 6/28/06 at the request of the authors to allow the DOT to finalize the scope of work.)

06O1451( 3) An Ordinance by Councilmembers Mary Norwood and Ceasar C. Mitchell as substituted by Finance/Executive Committee amending the 2006 (Solid Waste Services Revenue Fund) Budget by adding to anticipations and appropriations in 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. (Substituted and held 6/28/06 at the request of the authors to allow the DOT to finalize the scope of work.)

06R1667( 4) An Amended Resolution by Finance/Executive Committee authorizing the Mayor to execute a Master Agreement with TDC Systems Integration, Inc., for FC-6006007881, for Citywide On-call Services for Information Technology Staffing; authorizing the Chief Information Officer of the Department of Information Technology, the Director of Information Technology of the Department of Watershed Management and the Aviation Information Systems Director of the Department of Aviation, to execute all statements of work; all contracted work will be charged to and paid from Various Fund, Account and Center Numbers; not to exceed $400,000.00 per year for each department, specifically Watershed Management, Aviation and Information Technology, with the total cost not to exceed $1,200,000.00; and for other purposes. (Amended and held 8/16/06 at the request of the Committee to allow time pending additional review.)

06O1924( 5) An Ordinance by Councilmembers Howard Shook, Jim Maddox, H. Lamar Willis and Ceasar C. Mitchell to provide for the Annexation of land known as the Sandtown Community to the corporate limits of the City of Atlanta; to provide for the notification of the Department of Community Affairs; and for other purposes. (Referred back by Council 12/04/06) (Held 12/13/06 until such time that the community sponsor requests that the annexation application be withdrawn, it expires or the annexation process is restarted.)

06O1926( 6) An Ordinance by Councilmembers Howard Shook, Jim Maddox, H. Lamar Willis and Ceasar C. Mitchell to provide for the Annexation of land known as the Cascade Glenn to the corporate limits of the City of Atlanta; to provide for the notification of the Department of Community Affairs; and for other purposes. (Referred back by Council 12/04/06). (Held 12/13/06 until such time that the community sponsor requests that the annexation application be withdrawn, it expires or the annexation process is restarted.)

06O2250( 7) An Ordinance by Councilmember Jim Maddox to provide for the annexation of land to the Corporate Limits of the City of Atlanta, Georgia; to provide for the notification of the Department of Community Affairs of the State of Georgia of such annexation; and for other purposes. (Held 10/11/06 at the request of the Law Department.)

07O0113( 8) An Ordinance by Finance/Executive Committee to anticipate and appropriate Bond Proceeds in the amount of $8,000,000.00 from the Annual 2007 General obligation Bonds Issue to fund various municipal projects; and for other purposes. (Held 2/28/07 pending legislation authorizing sale of the Bonds.)

07O0138( 9) An Ordinance by Councilmember Ceasar Mitchell to amend the Procurement Code of the City of Atlanta, Georgia by adding to Section 2-1142, Monthly Report to City Council; and for other purposes. (Held 1/31/07 at the request of the Department of Procurement for an additional study.)

07O0492(10) An Ordinance by Councilmembers Howard Shook and Jim Maddox to provide for the Annexation of those portions of properties within Unincorporated Fulton County known on the tax records of said county as Club Drive rear, Parcels 17 00120005046, 17 00120005049, 17 00120005050, and 17 00120005055; Mabry Road rear, Parcels 17 00130002015, 17 00130002016, and 17 00130002033; 4500 East Brookhaven Drive rear, Parcel 17 00120005052; 4536 East Brookhaven Drive, Parcel 17 00130002026; 4524 East Brookhaven Drive, Parcel 17 00130002038; 4520 East Brookhaven Drive, Parcel 17 0010002042; 4516 East Brookhaven Drive, Parcel 17 00130002043; and 4647 Club Valley Drive, Parcel 17 00130002041, all properties being unincorporated islands, to the corporate limits of the City of Atlanta; to provide notice to the property owners; to provide for the notification of the Department of Community Affairs; and for other purposes. (Held 3/14/07 to allow the opportunity to notify property owners and ensure annexation process is followed.)

07O0500(11) An Ordinance by Councilmembers Jim Maddox and Howard Shook to provide for the Annexation of Welcome All Road, Parcel 14F0037 LL005, an unincorporated island, to the corporate limits of the City of Atlanta; to provide notice to the property owners; to provide for the notification of the Department of Community Affairs; and for other purposes. (Held 3/14/07 to allow the opportunity to notify property owners and ensure annexation process is followed.)

07O0504(12) An Ordinance by Councilmembers Jim Maddox and Howard Shook to provide for the Annexation of property known as Kimberly Road, Parcel 14F0030 LL010, Kimberly Road rear, Parcel 14F0030 LL011, Kimberly Road, Parcel 14F0030 LL012, Kimberly Road, Parcel 14F0030 LL013, Kimberly Road, Parcel 14F0030 LL027, and Kimberly Road 14F0030 LL028, all properties being unincorporated islands, to the corporate limits of the City of Atlanta; to provide notice to the property owners; to provide for the notification of the Department of Community Affairs; and for other purposes. (Held 3/14/07 to allow the opportunity to notify property owners and ensure annexation process is followed.)

07O0505(13) An Ordinance by Councilmembers Jim Maddox and Howard Shook to provide for the Annexation of property known as Niskey Lake Trail, parcel 14F0029 LL036, said property being an unincorporated island, to the corporate limits of the City of Atlanta; to provide notice to the property owners; to provide for the notification of the Department of Community Affairs; and for other purposes. (Held 3/14/07 to allow the opportunity to notify property owners and ensure annexation process is followed.)

07O0509(14) An Ordinance by Councilmembers Jim Maddox and Howard Shook to provide for the Annexation of Welcome All Road, parcel 14F0037 LL008, an unincorporated island, to the corporate limits of the City of Atlanta; to provide notice to the property owners; to provide for the notification of the Department of Community Affairs; and for other purposes. (Held 3/14/07 to allow the opportunity to notify property owners and ensure annexation process is followed.)

07O0622(15) An Ordinance by Councilmembers Carla Smith and Anne Fauver authorizing the City of Atlanta to waive the Competitive Procurement Provisions contained in Article X, Procurement and Real Estate Code, of the City of Atlanta Code of Ordinances to maximize efficiency in Purchasing Systems Furniture for several City of Atlanta Capital Projects; and for other purposes. (Held 3/28/07 pending a substitute to include other projects.)

07O0623(16) An Ordinance by Councilmember Jim Maddox to provide for the Annexation of 4505 Birdie Lane, SW, Atlanta, Georgia, 30331, 0.404 acres of land located in Land Lot 61 of the 14^th District of Fulton County to the Corporate Limits of the City of Atlanta, Georgia; to provide for the notification of the Department of Community Affairs of the State of Georgia of such annexation; and for other purposes. (Held 3/38/07 to ensure annexation procedures are executed appropriately)

07O0624(17) An Ordinance by Councilmember Jim Maddox to provide for the Annexation of land known as Cascade Falls Subdivision to the Corporate Limits of the City of Atlanta; to provide for the notification of the Department of Community Affairs; and for other purposes. (Held 3/28/07 pending review to determine additional properties contiguous to the city are identified and included in the annexation.)

07O0870(18) An Ordinance by Finance/Executive Committee Adopting the FY 2008 Proposed Budget. (Held 5/16/07 pending additional consideration)

07O0871(19) An Ordinance 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; and for other purposes. (Held 5/16/07 pending receipt of Tax Rate information from Fulton County)

07O0968(20) An Ordinance by Councilmember Jim Maddox to provide for the Annexation of land known as the Orkney/Lanark Drive Community to the corporate limits of the City of Atlanta; to provide for the notification of the Department of Community Affairs; and for other purposes. (Held 5/16/07 due to State requirement)

07O0969(21) An Ordinance by Councilmember Jim Maddox to provide for the Annexation of land known as the Huntington Community (Pompey Drive/Old Fairburn Road) to the corporate limits of the City of Atlanta; to provide for the notification of the Department of Community Affairs; and for other purposes. (Held 5/16/07 due to State requirement)

07O0974(22) An Ordinance by Councilmember C. T. Martin to amend Article V Classification Plan, of the Code of Ordinances, City of Atlanta, Georgia, so as to create 215 positions in the Atlanta Police Department; and for other purposes. (Held 5/16/07 in conjunction with consideration of 2008 Budget)

07O1007(23) An Ordinance by Councilmembers Kwanza Hall and Jim Maddox amending Chapter 110, Article 1, Section 110-3 of the Code of Ordinances of the City of Atlanta, Georgia, which sets forth the Fee Schedule for City of Atlanta’s Recreation Centers, by adding a new Subsection 110-3 (a)(9), entitled “Neighborhood Service Centers Room Rental Fees”, for purposes of creating a Room Rental Fee Schedule for Georgia Hill, John C. Birdine, and Dunbar Neighborhood Service Centers administered by the Department of Parks, Recreation and Cultural Affairs; to create a Refundable Room Deposit Fee; to establish that half of all funds generated by such fees shall be deposited into Fund, Account and Center Number: 1A01 (General Fund) 462201 (Building Rental) B00001 (Revenue Center), and that half of the funds generated by such fees shall be deposited into 3P02 (Trust Fund) 462201 (Deposits Building Rental) N13W02I19999 (Georgia Hill Neighborhood Center); 3P02 (Trust Fund) 462201 (Deposits Building Rental) N13W02I29999 (John C. Birdine Center); and 3P02 (Trust Fund) 462201 (Deposits Building Rental) N13W02789999 (Dunbar Neighborhood Center); all revenues generated by the Refundable Room Deposit Fee at each neighborhood service center shall be deposited into 1A01 (General Fund) 462201 (Building Rental) B00001 (Revenue Center) and expended from 1A01 (General Fund) 529010 (Refunds) T31001 (Unallocated Fund-Wide Expenses); and for other purposes. (Held 5/16/07 pending notification of NPUs and Public Hearing 6/27/2007)

MEMBERS PRESENT: SHOOK, MULLER, MADDOX, MOORE, HALL & WINSLOW

Questions or Comments for City Council
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