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ATLANTA CITY COUNCIL

AGENDA

Monday, January 7, 2008

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

Order of Business for the Atlanta City Council

The Honorable Ivory L. Young, Jr, Presiding

1:00 P.M.

1. Call to Order

2. Roll Call

3. Invocation

4. Pledge of Allegiance

5. Proclamations, Commendations and other Special Awards 2

6. State of the City Address – The Honorable Mayor Shirley C. Franklin

7. Remarks by the Public

8. Report of the Journal

9. Communications 2

10. Adoption of Agenda

11. Consideration of Vetoed Legislation

12. Unfinished Business 3

13. Consent Agenda 4

14. Report of Standing Committees Committee Chairs Pages

Zoning Committee Ivory L. Young, Jr. 18

Finance/Executive Committee Howard Shook 42

Committee on Council** Felicia A. Moore 47

City Utilities Committee Carla Smith 50

Public Safety and Legal

Administration Committee Cleta Winslow 5 5

Transportation Committee Clair Muller 61

Community Development/Human

Resources Committee Jim Maddox 64

15. Personal Papers/Resolutions for immediate consideration

16. Personal Papers and General Remarks

17. 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 10 & 11)

5. PROCLAMATIONS, COMMENDATIONS AND OTHER SPECIAL AWARDS

Councilmember Kwanza Hall - proclamation being presented to:

Mr. David Lee Billingsley, Sr. & members of the Hogue Street Community

Councilmember Anne Fauver – proclamation being presented in honor of:

Ms. Mae Reich

8. COMMUNICATIONS

08-C-0001 ( 1) A Communication from Ronald A. Lall, President, Atlanta Planning Advisory Board to Councilmember Felicia A. Moore, Chair, Committee on Council submitting their nominee of Mr. John Gordon to the Elected Officials Compensation Commission.

RECOMMENDATION TO FILE

08-C-0002 ( 2) A Communication from Clerk Mark Massey the Fulton County Board of Commissioners to Council President Lisa M. Borders, submitting the Fulton County Board of Commissioners’ appointment of Ms. Pam Smith (Position 5) to serve as the County’s representative on the BeltLine Affordable Housing Advisory Board. This appointment is for a term of 2 years, scheduled to begin on the date of Council confirmation.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

08-C-0003 ( 3) A Communication by Councilmembers Felicia A. Moore, District 9; C. T. Martin, District 10; Jim Maddox, District 11 and Joyce M. Sheperd, District 12 appointing Mr. Oscar Leonard to serve as a member of the BeltLine Tax Allocation District Advisory Committee. This appointment is for a term of two years, scheduled to begin on the date of Council confirmation.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

08-C-0004 ( 4) A Communication by Chief Procurement Officer Adam L. Smith submitting the December 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

11. UNFINISHED BUSINESS

07R2391( 1) A Resolution by Finance/Executive Committee authorizing the Mayor of the City of Atlanta to execute a Quitclaim Deed to the Enclave of Kirkwood, LLC; and for other purposes.

At the regularly scheduled meeting of December 03, 2007, Councilmember Archibong made a motion to table 07-R-2391. It was properly seconded and the motion carried by a roll call vote of 12 yeas; 1 nay.

TABLED BY A ROLL CALL VOTE OF 12 YEAS; 1 NAY

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

FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR

07O2540( 1) An Ordinance by Finance/Executive Committee amending the City of Atlanta Occupation Tax Ordinance by the addition and deletion of certain language for the purpose of clarifying the operation of Sec. 30-63; confirming the effect of City Code Sec. 2-105 on this ordinance; and for other purposes.

07O2592( 2) An Ordinance by Councilmember Felicia A. Moore as amended by Finance/Executive Committee to authorize the Mayor to enter into a contract with Fulton County to conduct a City of Atlanta Special Election to be held on February 5, 2008 to present a Referendum re-imposing a one per cent sales and use tax for the purpose of funding Water and Sewer Projects pursuant to Article 4 of Chapter 8 of the Official Code of Georgia Annotated and City of Atlanta Resolution 07-R-1114; to appoint the Fulton County Board of Registration and Elections, with the Director or Interim Director of the Fulton County Department of Registration and Elections Acting as its agent, as Municipal Election Superintendent for the purpose of conducting said election, as Absentee Ballot Clerk and as Municipal Registrar; and for other purposes.

CITY UTILITIES COMMITTEE - CARLA SMITH, CHAIR

07O2516( 2) An Ordinance by Councilmembers C. T. Martin, Mary Norwood , H. Lamar Willis, Kwanza Hall, Cleta, Winslow, Joyce Sheperd, Jim Maddox, Clair Muller, Howard Shook, Carla Smith and Anne Fauver as substituted by City Utilities Committee to re-name Simpson Road, from H. E. Holmes Drive east to Joseph E. Lowery Boulevard and Simpson Street for Joseph E. Lowery Boulevard to Northside Drive, to Joseph E. Boone Boulevard; to waive various subsections of Section 138-8 of the Code of Ordinances; and for other purposes. (Public Hearing held 12/11/07)

07O2523( 3) An Ordinance by Councilmember Carla Smith as amended by City Utilities Committee to set a separate Water Rate pursuant to Atlanta City Code Chapter 154, Article III, Division 3 (Rates, Charges and Related Matters), Sections 111 (Authority to fix Water Rates) and 112 (established), for customers with meters or devices that have been granted exemptions from the Sewer Service Charge pursuant to Atlanta City Code Chapter 154, Article V, Division 3 (Rates and Charges), Section 277, (Sewer Service Charge), subsection (e), to encourage conservation of water resources; and for other purposes. (Public Hearing held 12/11/07)

07O2595( 4) An Ordinance by Councilmembers Carla Smith and Kwanza Hall authorizing the City of Atlanta to waive the provisions contained in Chapter 138, Article II, Division 6, Section 138-60(a) of the City of Atlanta Code of Ordinances, to allow the Commissioner of the Department of Public Works to issue permits for the placement of banners containing limited advertising in the public rights-of-way; and for other purposes.

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

07O2457( 5) An Amended Ordinance by Public Safety and Legal Administration Committee authorizing the City of Atlanta to waive Article X, Procurement and Real Estate Code of the City of Atlanta Code of Ordinances, to extend the Contractual Agreement with Buckhead Towing, for FC-6005007885, Wrecker Services for vehicles under two (2) tons, for Zone Six (6) until June 30, 2008; all revenues generated under this contract shall be deposited to Fund, Account and Center Number: 1A01 (General Fund), 462316 (Towing Concessions), B00001 (Revenue Center).

07O2458( 6) An Amended Ordinance by Public Safety and Legal Administration Committee authorizing the City of Atlanta to waive Article X, Procurement and Real Estate Code of the City of Atlanta Code of Ordinances, to extend the Contractual Agreement with Futo’s, Inc., for FC-6004007821-B, Wrecker Services for vehicles under two (2) tons, for Zone Two (2) until June 30, 2008; all revenues generated under this contract shall be deposited to Fund, Account and Center Number: 1A01 (General Fund), 462316 (Towing Concessions), B00001 (Revenue Center).

07O2459( 7) An Amended Ordinance by Public Safety and Legal Administration Committee authorizing the City of Atlanta to waive Article X, Procurement and Real Estate Code of the City of Atlanta Code of Ordinances, to extend the Contractual Agreement with South Metro Towing, for FC-6004007821-C, Wrecker Services for vehicles under two (2) tons, for Zone Three (3) until June 30, 2008; all revenues generated under this contract shall be deposited to Fund, Account and Center Number: 1A01 (General Fund), 462316 (Towing Concessions), B00001 (Revenue Center).

07O2460( 8) An Amended Ordinance by Public Safety and Legal Administration Committee authorizing the City of Atlanta to waive Article X, Procurement and Real Estate Code of the City of Atlanta Code of Ordinances, to extend the Contractual Agreement with B&L Wrecker Service, Inc., for FC-6004007821-D, Wrecker Services for vehicles under two (2) tons, for Zone Four (4) until June 30, 2008; all revenues generated under this contract shall be deposited to Fund, Account and Center Number: 1A01 (General Fund), 462316 (Towing Concessions), B00001 (Revenue Center).

07O2461( 9) An Amended Ordinance by Public Safety and Legal Administration Committee authorizing the City of Atlanta to waive Article X, Procurement and Real Estate Code of the City of Atlanta Code of Ordinances, to extend the Contractual Agreement with A-Tow Atlanta, Inc., for FC-6004007821-E, Wrecker Services for vehicles under two (2) tons, for Zone Five (5) and Zone Seven (7) until June 30, 2008; all revenues generated under this contract shall be deposited to Fund, Account and Center Number: 1A01 (General Fund), 462316 (Towing Concessions), B00001 (Revenue Center).

07O2462(10) An Amended Ordinance by Public Safety and Legal Administration Committee authorizing the City of Atlanta to waive Article X, Procurement and Real Estate Code of the City of Atlanta Code of Ordinances, to extend the Contractual Agreement with S&W Towing, for FC-6004007821-A, Wrecker Services for vehicles under two (2) tons, for Zone One (1) until June 30, 2008; all revenues generated under this contract shall be deposited to Fund, Account and Center Number: 1A01 (General Fund), 462316 (Towing Concessions), B00001 (Revenue Center).

07O2463(11) An Amended Ordinance by Public Safety and Legal Administration Committee authorizing the City of Atlanta to waive Article X, Procurement and Real Estate Code of the City of Atlanta Code of Ordinances, to extend the Contractual Agreement with S&W Towing for FC-6004007822, Wrecker Services for vehicles over two (2) tons, for all Zones until June 30, 2008; all revenues generated under this contract shall be deposited to Fund, Account and Center Number: 1A01 (General Fund), 462316 (Towing Concessions), B00001 (Revenue Center).

07O2464(12) 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 $550,000.00 for a grant award from the United States Department of Justice to assist in combating illegal gangs and narcotics; and for other purposes.

07O2465(13) An Ordinance by Public Safety and Legal Administration Committee to authorize the Chief Financial Officer, on behalf of the Department of Police, to remit payment for all outstanding invoices to NEC Corporation of America, Inc., in an amount not to exceed $98,400.00, for maintenance support services rendered; all expenses shall be charged to and paid from Fund, Account and Center Number: 1A01 (General Fund) 523001 (Service/Repair/Maintenance) X11001 (Cost Center); and for the other purposes.

07O2466(14) 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 $1,196,710.00 for accepting a Justice Assistance Grant from the United States Department of Justice to enhance the Criminal Justice System in the Atlanta area; and for other purposes.

07O2475(15) An Ordinance by Public Safety and Legal Administration Committee amending the 2007 (Intergovernmental Grant Fund) Budget, by adding to anticipations and appropriations, on behalf of the Atlanta Fire and Rescue Department, a grant from the Governor’s Office of Highway Safety Fund, in the amount of $171,200.00, for the purpose of funding the Car Seat Fitting Station Program developed by the Atlanta Fire and Rescue Department; and for other purposes.

07O2538(16) An Ordinance by Public Safety and Legal Administration Committee to re-authorize the extension of all permits for vending on Public Property issued in 2003, to June 30, 2008, 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 June 30, 2008, 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.

07O2598(17) An Ordinance by Councilmember C. T. Martin 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, January 21, 2008 only, for all licensed establishments authorized to sell alcoholic beverages for on premises consumption; and for other purposes.

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR

07O2214(18) An Ordinance by Councilmember Howard Shook to re-instate the boundaries of the Piedmont Heights Neighborhood in NPU F which were changed in the update of the City of Atlanta’s 2007 Official Neighborhood Boundary Map pursuant to the authority granted by Ordinance 07-O-0935; and for other purposes.

RESOLUTIONS

FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR

07R2470( 1) A Substitute Resolution by Finance/Executive Committee authorizing the Mayor, on behalf of the Executive Office - Office of Enterprise Assets Management, to enter into a Memorandum of Understanding (“MOU”) with the Atlanta Workforce Development Agency, for the purpose of implementing a Culinary Training Program in the City Hall Cafeteria, for a period of two (2) years with two (2) one year renewal options, in an amount not to exceed $25.00 monthly; that all revenue received pursuant to this MOU shall be deposited into Fund, Account and Center Number: 1A01 (General Fund) 462311 (Food, Drink & Notions) B00001 (Revenue Center); and for other purposes.

07R2588( 2) A Substitute Resolution by Finance/Executive Committee authorizing the Mayor or her designee to enter into a Cooperative Purchasing Agreement pursuant to Section 2-1601 et seq. of the City of Atlanta Code of Ordinances, utilizing the State of Georgia Contract #NASPO/WSCA A63307 with Dell Marketing, LP, for the Lease of Computer Equipment and Maintenance for a period of one (1) year with four (4) one-year renewal options, on behalf of the Department of Information Technology, in an amount not to exceed $776,654.04; all contracted work shall be charged to and paid from Fund, Account and Center Number: 1A01 (General Fund) 523001 (Service/Repair/Maintenance) E22001 (IT Applications); and for other purposes.

07R2589( 3) An Amended Resolution by Finance/Executive Committee authorizing the Mayor to execute Change Order No. 2 with M. C. Dean, Inc., for Contract No. FC-7687-04, Security Access Control System, on behalf of the Department of Aviation, in an amount not to exceed $1,657,500.00; all contracted work will be charged to and paid from Fund, Account and Center Number: 2H26 (Airport Passenger Facility Charge Fund) 574001 (Fac. other than Bldgs.) R21E012096AA (Security Improvements); and for other purposes.

07R2609( 4) A Resolution by Finance/Executive Committee authorizing

*** the Mayor to execute Change Order No.3 with M. C. Dean, Inc., for FC-7687-04, Security Access Control System, on behalf of the Department of Aviation, in an amount not to exceed $3,024,045.20; all contracted work will be charged to and paid from Fund, Account and Center Numbers: 2H26 (Airport Passenger Facility Charge Fund) 574001 (Fac. other than Bldgs) R21E012096AA (Security Improvements) $2,419,760.00 and 2H01 (Airport Revenue Fund) 523001 (Serv/Repair/Maint Cont.) R48001 (Aviation Security) $604,285.20; and for other purposes.

CITY UTILITIES COMMITTEE - CARLA SMITH, CHAIR

07R2550( 5) A Resolution by City Utilities Committee authorizing the Mayor to enter into Renewal Agreement No. 2 with HDR Engineering, Inc., for FC-6004007844, Citywide Annual Surveying and Mapping Services, on behalf of the Department of Watershed of Management in an amount not to exceed $550,000.00; all contracted work will be charged to and paid from Fund, Account and Center Number: 2J01 (Water & Wastewater Revenue Fund) 523001 (Service/Repair/Maintenance Contract) Q38001 (Wastewater Collection); and for other purposes.

07R2551( 6) An Amended Resolution by City Utilities Committee authorizing the Chief Financial Officer to pay the invoices of BellSouth, Inc., for costs associated with telephones and hardware needed for the new call center relocation on behalf of the Department of Watershed Management, Bureau of Drinking Water, Customer Information System One Call Center, in an amount not to exceed $129,972.38 to be paid from Various Fund, Account and Center Numbers; and for other purposes.

TRANSPORTATION COMMITTEE - CLAIR MULLER, CHAIR

07R2593( 7) A Resolution by Transportation Committee authorizing the

*** Mayor to execute a Renewal Agreement with Hartsfield-Jackson CONRAC Design Consultants (HJCDC), a Joint Venture comprised of R. L. Brown and Associates Inc.; Pierce, Goodwin, Alexander & Linville; and Walter P. Moore and Associates; for FC-7584-03, Consolidated Rental Car Facility (CONRAC) Rental Agency Complex (RAC) Architectural and Engineering Design Services for Hartsfield-Jackson Atlanta International Airport; and for other purposes.

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR

07R2610( 8) A Resolution by Community Development/Human Resources

*** Committee requesting that the Atlanta Housing Authority work in conjunction with the Old Fourth Ward Master Plan process to identify affordable housing opportunities for residents of Palmer House and Roosevelt House; and for other purposes.

PUBLIC SAFETY AND LEGAL

ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

Claims with favorable recommendations:

07-R-2554 ( 1) Claim of Mary Arnold and Oral Elder, for vehicle damages alleged to have been sustained as a result of an unsecured metal plate on September 30, 2007 at 1119 Astor Avenue.$930.00

07-R-2555 ( 2) Claim of Marie A. Mack, for damages alleged to have been sustained as a result of a slip and fall incident in an uncovered water meter on October 1, 2007 at 2097 Simpson Road.$838.00

07-R-2556 ( 3) Claim of Robert & Sarah Armstrong, for damages alleged to have been sustained as a result of driving over a metal plate on January 26, 2007 at or around 2460 Peachtree Road.$806.83

07-R-2557 ( 4) Claim of Francisco Javier Agaton Roman, for damages alleged to have been sustained as a result of an automobile accident on August 17, 2007 at 20 Linden Avenue, NE.$3,000.00

07-R-2558 ( 5) Claim of Sylvia Davis, guardian of Demetrius Davis, a minor, for damages alleged to have been sustained as a result of a slip and fall incident in an uncovered water meter on August 2, 2007 at 534 Rockwell Street, SW.$2,603.25

07-R-2559 ( 6) Claim of Joatham S. Nuckels, through his attorney, Jackie M. Piland, for damages alleged to have been sustained as a result of an automobile accident on May 17, 2007 on Interstate 20 at Cherokee Avenue.$3,500.00

07-R-2560 ( 7) Claim of Robert D. Coppedge, through his attorney, Jackie M. Piland, for damages alleged to have been sustained as a result of an automobile accident on May 17, 2007 on Interstate 20 at Cherokee Avenue.$3,000.00

07-R-2561 ( 8) Claim of Channing Harral, for vehicle damages alleged to have been sustained from an automobile accident on October 11, 2007 at Northside Drive and John Avenue.$16,609.98

07-R-2562 ( 9) Claim of Chapel of Christian Love, for damages alleged to have been sustained as a result of a sewer back-up on February 2, 2007 at 875 Cascade Avenue.$14,221.79

07-R-2563 (10) Claim of Renthia Michelle Braswell, for damages alleged to have been sustained as a result of personal injuries due to a rock damaging a vehicle window on October 2, 2007 at Constitution Road and Moreland Avenue.$3,337.00

Claims with unfavorable recommendations:

07-R-2564 (11) Claim of Progressive Insurance Company, as subrogee of Nicole Wallace, for damages alleged to have been sustained as a result of an automobile accident on September 11, 2007 at Bellemeade Avenue and Tallullah Street.

07-R-2565 (12) Claim of Austin Hayes, through his attorney, Mary Huber, for damages alleged to have been sustained as a result of attorney’s fees incurred for a Civil Service Board hearing at 141 Pryor Street.

07-R-2566 (13) Claim of Sarah C. Dozier, on behalf of her aunt, Kathryn Johnston, deceased, through her attorney, Hezekiah Sistrunk, Jr., for damages alleged to have been sustained as a result of a police shooting on November 21, 2006 at 933 Neal Street.

07-R-2567 (14) Claim of Paul H. and Carol L. Wine, through their attorney, Craig A. Brooks, for damages alleged to have been sustained as a result of the issuance of a building permit in 1984 and renovation permit in 1992 at 2165 Virginia Place, NE.

07-R-2568 (15) Claim of Mr. and Mrs. Thomas Rackley, through their attorney, Scott W. Peters, for damages alleged to have been sustained as a result of sewer overflows on undisclosed dates at 845 Delmar Avenue, SE.

07-R-2569 (16) Claim of Allstate Fire Casualty Insurance Company, as surbrogee of insured, Brett Irvine, for vehicular damages alleged to have been sustained due to flooding on August 21, 2006 at 538 Cityview Court, NE.

07-R-2570 (17) Claim of Charles Groomes, for damages alleged to have been sustained as a result of driving over an unsecured construction cut on October 30, 2006 at 38 Claire Drive.

07-R-2571 (18) Claim of Robert Williams, for damages alleged to have been sustained as a result of a tree falling on August 30, 2007 at 135 Howell Drive.

07-R-2572 (19) Claim of Stephanie Damian, through her attorney, C. Alan Nicholson, for damages alleged to have been sustained as a result of a slip and fall on May 14, 2007 at the Hartsfield-Jackson Atlanta International Airport.

07-R-2573 (20) Claim of Joseph P. Patterson, for damages alleged to have been sustained as a result of a water meter leak on January 25, 2006 at 1360 Barron Court, NW.

07-R-2574 (21) Claim of Victor & Rose Rocker, for damages alleged to have been sustained as a result of striking a pothole on September 16, 2007 at 506 Moreland Avenue.

07-R-2575 (22) Claim of F & W Construction Company, Inc., for damages alleged to have been sustained during the Atlanta Public Safety Headquarters Building construction project on July 26, 2007 at 227 Peachtree Street, SW.

07-R-2576 (23) Claim of Courtney O. Smith, for damages alleged to have been sustained as a result of striking a pothole on September 21, 2007 at 909 Lindbergh Drive.

07-R-2577 (24) Claim of Kris Lawler and Robin Boyar d/b/a Studio 305, for damages alleged to have been sustained as a result of a broken water main on May 2, 2005 at 2293 Peachtree Road.

07-R-2578 (25) Claim of George Tice d/b/a Toulouse, for damages alleged to have been sustained as a result of a broken water main on January 29, 2005 at 2293 Peachtree Road.

07-R-2579 (26) Claim of Taprena Augustine, for vehicular damages alleged to have been sustained due to flooding on August 22, 2006 at 116 Cityline Avenue, NE.

07-R-2580 (27) Claim of Allstate Fire Casualty Insurance Company, as subrogee of insured, Benjamin A. Elliott, for vehicular damages alleged to have been sustained due to flooding on August 22, 2006 at 622 City Scape Plaza, NE.

07-R-2581 (28) Claim of Allstate Fire Casualty Insurance Company, as subrogee of insured, Kelly Googe, for vehicular damages alleged to have been sustained due to flooding on August 22, 2006 at 300 Cityline Avenue, NE.

07-R-2582 (29) Claim of Sharon Yvette Johnson, for damages alleged to have been sustained as a result of striking a construction cut on October 10, 2007 at Linden Avenue and Courtland Street.

07-R-2583 (30) Claim of Farmers Insurance Property, through Stuart Allan & Assoicates, Inc., for damages alleged to have been sustained as a result of a sewer backup on April 18, 2007 at 3732 Denville Trace.

07-R-2584 (31) Claim of Havens C. Williams, for damages alleged to have been sustained as a result of striking a construction cut on August 18, 2007 at 5990 Old National Highway and Lantern Lane.

CONSENT AGENDA SECTION II

ORDINANCES FOR FIRST READING

FINANCE/EXECUTIVE COMMITTEE - HOWARD SHOOK, CHAIR

07O2586( 1) An Ordinance by Finance/Executive Committee to amend Section 154-55 of the City of Atlanta, Code of Ordinances, so as to authorize the Commissioner of Watershed Management to automatically refund deposits or credits on closed accounts for water service; and for other purposes.

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE

07O2587( 2) An Ordinance by Finance/Executive Committee providing for (1) the sale of $_________ City of Atlanta General Obligation Public Improvement Bonds, Series 2008A (the “Bonds”); (2) the redemption of Bonds prior to Maturity upon certain terms and conditions; (3) the execution and delivery of said Bonds; (4) the forms of said Bonds; (5) the levy of a continuing direct annual Ad Valorem Tax without limit as to rate or amount to pay the Bonds and the interest thereon when due and payable; (6) the creation and Maintenance of a project fund and a Bond fund; (7) the authorization of the execution and delivery of a Bond purchase agreement among the City of Atlanta and the purchasers of the Bonds; (8) the approval of an Official Statement with respect to said Bonds and authorizing the execution and delivery thereof; (9) the execution of a Certificate pertaining to the use of the proceeds derived from the sale of said Bonds; (10) the undertaking of a continuing disclosure commitment in compliance with S.E.C. Rule 15c2-12(b)(5); and for other purposes

TO BE REFERRED TO FINANCE/EXECUTIVE COMMITTEE

CITY UTILITIES COMMITTEE - CARLA SMITH, CHAIR

07O2549( 3) An Ordinance by City Utilities Committee authorizing the City of Atlanta to anticipate funds for the Care and Conserve Program, on behalf of the Department of Watershed Management, in the amount of $340,468.00; and for other purposes.

TO BE REFERRED TO CITY UTILITIES COMMITTEE

PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE - CLETA WINSLOW, CHAIR

07O2585( 4) An Ordinance by Public Safety and Legal Administration Committee to amend the Code of Ordinances of the City of Atlanta, Georgia, Chapter 162, Article II, Section 162-62(d) so as to allow for letters of temporary administration pending initiation of the formal Certificate of Public Necessity and Convenience (CPNC) transfer process within the specified time; and for other purposes.

TO BE REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE

COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE - JIM MADDOX, CHAIR

07O2552( 5) An Ordinance by Community Development/Human Resources Committee amending the 2008 (Intergovernmental Grant Fund) Budget by adding to Anticipations and Appropriations in the Amount of $608,000.00 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; and for other purposes.

TO BE REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE

ZONING COMMITTEE IVORY L. YOUNG, JR., CHAIR

ORDINANCE FOR SECOND READING

07O0389( 1) 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 1

FAVORABLE

ORDINANCE FOR FIRST READING

07O2590( 1) An Ordinance by Zoning Committee to rezone from the R-4

Z-07-116 (Single-Family Residential) District to the R-4B (Single-Family Residential) District, property located at 390 Maynard Terrace, SE, fronting approximately 98 feet on the east side of Maynard Terrace and approximately 299 feet on the south side of Marbut Avenue (An unimproved right-of-way).

Depth: Varies

Area: Approximately 0.63 Acres

Land Lot: 178, 15th District, Dekalb County , Georgia

Owner: Kola Bamidele

Applicant: Scott West

NPU-W Council District 5

TO BE REFERRED TO ZRB AND ZONING COMMITTEE

PAPERS HELD IN COMMITTEE

06O0273( 1) An Ordinance by Councilmembers Carla Smith, Ivory Lee Young, Jr. and Cleta Winslow correcting Ordinance Number 04-O-0179/Z-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( 2) An Ordinance by Zoning Committee to rezone

Z-06-05 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( 3) An Ordinance by Councilmember Carla Smith

Z-05-65 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( 4) An Ordinance by Councilmember Carla Smith

U-05-22 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)

06O0955( 5) A Substitute Ordinance by Zoning Committee to rezone from

Z-06-44 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

06O1950( 6) An Amended Ordinance by Zoning Committee to rezone

Z-06-92 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

06O1927( 7) 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( 8) An Ordinance by Community Development/Human

CDP-07-09 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( 9) 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 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(10) An Ordinance by Zoning Committee to rezone from the R-G-3

Z-06-74 (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

06O2308(11) An Ordinance by Zoning Committee to rezone

Z-06-113 from the SPI-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 . (Filed by ZRB and Zoning Committee 5/20.07) (Referred by back by Full Council 6/4/07) (Held 6/13/07)

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 2

07O1524(12) An Ordinance by Councilmember Joyce Sheperd to rezone

Z-07-40 from the R-4 (Single-Family Residential) district to the R-4A (Single-Family Residential) District, property located at 1623, 1619, 1615, 1609, 1603,1599, 1595, 1589, 1585, 1579, 1575, 1573, 1569 and 1559 Langston Avenue, SE, fronting approximately 716.50 feet on the west side of Langston Avenue. Property is located approximately 150 feet on north of the intersection of Langston Avenue and Katherwood Drive . (Held 8/29/07 for further review)

Depth: Varies

Area: Approximately 6.03 Acres

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

Owner: Brian Turner, President Southern Saw

Applicant: David N. Hauseman

NPU-X Council District 12

07O1910(13) An Ordinance by Councilmember Carla Smith to

Z-07-99 rezone the properties located at 760 Confederate Avenue , also known as 766 Confederate Avenue and 750 Confederate Avenue from the R-5 (Two Family Residential District) District to the C-1-C (Community Business District Conditional); to modify the Official Zoning Maps; and for other purposes. (Held 11/28/07)

06O1888(14) 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) (Filed by CD/HR Committee 11/27/07)

NPU-H Council District 1

07O2300(15) An Ordinance by Community Development/Human Resources

CDP-07-42 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 760 Confederate Avenue, from the “Low Density Residential” Land Use Designation to the “Low Density Commercial” Land Use Designation; and for other purposes. (Held 11/13/07) (CDP Amendment Public Hearing held 11/26/07) (Favorable by CD/HR Committee 11/27/07)

NPU-W Council District 1

07O2594(16) An Ordinance by Councilmember Kwanza Hall requesting that Chapter 28A.010 of the Code Ordinances, the Sign Ordinance, Subsection (12) Special Public Interest District 1 (Central Core) District of the City of Atlanta Zoning Ordinance be waived to allow for the construction of two (2) Signs at 100 Auburn Avenue, NE; and for other purposes. (Held 12/12/07)

06O0038(17) An Ordinance by Councilmembers Carla Smith and Ivory Lee

Z-05-56 Young, Jr. 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. (Favorable by Zoning Committee 10/31/07) (Referred back by Council 11/5/07) (Public Hearing held 12/12/07) (Held 12/12/07)

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

PENDING LEGISLATION FOR 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.

06O0023( 2) An Ordinance by Councilmembers Howard Shook and Carla

Z-05-119 Smith to amend Section 16-18L.002 of the City of Atlanta Zoning Code by adding a new Statement of Intent; and for other purposes.

06O0026( 3) 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.

06O1066( 4) 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( 5) 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.

06O2468( 6) An Ordinance by Councilmember Carla Smith to amend

Z-06-123/ Ordinance 06-O-0944 (Z-06-56) which rezoned property from

Z-06-56 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.

06O2697( 7) 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.

07O0266( 8) 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