Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

DECEMBER 3, 2002



The regular monthly night meeting of the Council of Columbus, Georgia was

called to order at 5:33 P.M., Tuesday, December 3, 2002, on the Plaza Level of

the Government Center, Columbus, Georgia. Honorable Bobby G. Peters, Mayor and

Honorable John J. Rodgers, Mayor Pro Tem, presiding.



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PRESENT: Present other than Mayor Peters and Mayor Pro Tem John J. Rodgers were

Councilors R. Gary Allen, Berry H. Henderson, Julius H. Hunter, Jr., Charles E.

McDaniel, Jr., Richard Smith and Nathan Suber. City Manager Carmen Cavezza,

City Attorney Clifton Fay and Deputy Clerk of Council Sandra Davis were also

present.



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ABSENT: Councilors Glenn Davis, Evelyn Turner Pugh and Evelyn Woodson were

absent. Clerk of Council Tiny B. Washington was also absent.



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RENAMING OF MEMORIAL STADIUM AFTER THE LATE MR. A. J. MCCLLUNG:



Mayor Peters recalled that there was a very nice celebration of the life

of Mr. A. J. McClung on November 23, 2002, and tonight we have a resolution to

rename Memorial Stadium after the Mr. A. J. McClung, which is rightly deserved

and a fantastic individual.



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INVOCATION: Offered by Reverend Scott Swinney ? St. James African Methodist

Episcopal Church.

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PLEDGE OF ALLEGIANCE: Led by Mayor Peters.

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WITH THE FAMILY OF THE LATE MR. A. J. MCCLUNG STANDING AT THE COUNCIL

TABLE, THE FOLLOWING RESOLUTION WAS READ IN ITS ENTIRETY BY MAYOR PETERS AND

ADOPTED BY THE COUNCIL:



A Resolution (671-02) - Expressing condolences to the family of Mr. A. J.

McClung who passed away on November 17, 2002 and officially renaming Memorial

Stadium at South Commons as the A. J. McClung Memorial Stadium.



Mayor Peters said that Mr. A. J. McClung was well-known to all of us and

this resolution does not cover everything that the late Mr. A. J. McClung did

in his life, but the main emphasis is to let the family and the community know

that we are never going to forget about Mr. A. J. McClung. He advised that the

Council is going to rename the Memorial Stadium after the late Mr. A. J.

McClung. Mayor Pro Tem Rodgers moved its adoption. Seconded by Councilor

Smith and carried unanimously by those seven members present for this meeting,

who stood to cast their affirmative votes.



Mr. Arthur McClung, III stood before the podium to express the family?s

gratitude for the love and support that has been experienced and received from

the Mayor, Council and citizens from the City of Columbus. He then introduced

those family members present and are as follows: Mr. Charles Clark, Ms.

Candice Clark, Lillian ?Bunky? Clark, Charles Clark, and Pastor Scott Swinney

from the St. James African Methodist Episcopal Church from which the late Mr.

A. J. McClung attended church services.



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REGIONAL PARTNERSHIP:



Mayor Peters introduced some guests that were present in the audience from

the surrounding counties. He said that Columbus, Georgia would probably be a

regional center for commerce, shopping, healthcare, etc. He said that we share

this region with jurisdictions and governments. He gave an example of the

regional partnership. He then recognized Mayor Carter, Chief Benny, Major

Allen and Councilors Marsha McKelsey and Willie B. Carter of Woodland, Georgia

and Mayor Larry Sparks of Junction City, Georgia.



Mayor Carter expressed their pleasure for being a part of this meeting;

especially, witnessing of the family receiving honors for the late Mr. A. J.

McClung.



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THE FOLLOWING RESOLUTION WAS CALLED UP AS THE NEXT ORDER OF BUSINESS AS

SUBMITTED AND READ IN ITS ENTIRETY BY CITY ATTORNEY FAYAND ADOPTED BY THE

COUNCIL:





A Resolution (672-02) - Commending General Paul Eaton and his staff at

Fort Benning for their assistance during the weekend of November 16-17, 2002.



City Manager Cavezza announced that Colonel Ed Davis, Deputy Assistant

Commandant was present on behalf of General Eaton, who was committed tonight.



Mayor Pro Tem Rodgers moved its adoption. Seconded by Councilor Allen and

carried unanimously by those seven members of Council present for this meeting.





Colonel Ed Davis came forward to express thanks to the City of Columbus

for the effort that was put in to making this a successful and safe event for

all and along with a special thanks to the Police Department and the U. S.

Court System.



Mayor Peters thanked City Attorney Fay, because he had received a call

from Chicago from an individual that was asking why we were taking away the

rights of the protestors by searching everybody that came here, and his

response is that we were checking people for weapons. He explained that a

lawsuit was filed and we were in court all day, and the City Attorney?s Office

did a great job. He announced that the court ruling was that it is not an

invasion of privacy to pat someone down for weapons, which is for their

protection also.



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FREEDOM HOUSE CHRISTIAN SERVICEMAN CENTER:



Mayor Peters reported that there was a couple located at the gates that

offered a lot of participation for our public safety, as far as getting them

food and providing them with shelter. He then introduced Mr. Bob and Becky

Ingram, who set up what was called ?Freedom House Christian Serviceman

Center?. He advised that they gave Public Safety free lunches, coffee and free

everything during the whole time of the SOA Protest at Ft. Benning. He said

that he wanted to thank them publicly for their efforts.



Mr. Bob Ingram advised that they would like to provide this service to

public safety for next year. He pointed out that the Police Department

provided a lot of the meals and what we were able to do is to serve everyone.



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THE FOLLOWING RESOLUTION WAS SUBMITTED BY CITY ATTORNEY FAY AND READ IN

ITS ENTIRETY BY MAYOR PRO TEM RODGERS AND ADOPTED BY THE

COUNCIL:





A Resolution (673-02) - Commending Jack and Miriam Tidwell and Bill and

Pam Cornelius who sponsored the toy drive and the "God Bless Fort Benning"

celebration during the weekend of November 16-17, 2002.



Mayor Pro Tem Rodgers moved its adoption. Seconded by Councilor McDaniel

and carried unanimously by those six members of Council present for this

meeting with Councilor Henderson being absent for this vote.



Mayor Peters requested that a resolution be brought forward also Mr. &

Mrs. Ingram, who was previously recognized for their efforts to be executed

along with this resolution.



Mr. Bill Cornelius, came forward to express his support of Ft. Benning and

was glad to be a part of this. He said that this was something that we felt

that we needed to do, because Ft. Benning means a lot to this community and the

world.



Ms. Mariam Tidwell, projected that we are going to be very big out there

next year to let the world know that we support Ft. Benning.



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WITH MR. RICHARD HYATT STANDING AT THE COUNCIL TABLE, THE FOLLOWING

RESOLUTION WAS SUBMITTED BY CITY ATTORNEY FAY AND READ IN ITS ENTIRETY BY MAYOR

PRO TEM RODGERS AND ADOPTED BY THE

COUNCIL:







A Resolution (674-02) - Commending Richard Hyatt, reporter for the

Columbus Ledger-Enquirer upon his 30 years of service to the newspaper and the

Columbus community.



Councilor McDaniel moved its adoption. Seconded by Mayor Pro Tem Rodgers

and carried unanimously by those seven members of Council present for this

meeting.



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LATIN AMERICAN STUDIES AT CSU:



Mayor Peters recognized the presence of Dr. Tom Hamley, Chair of Chemistry

and Geology Department. Dr. Tom Hamley, came forward to introduce Professor

Oscar Monteza and his wife, Yolanda. He then provided some background

information on Professor Monteza,



After some brief comments were made by Professor Monteza, Mayor Peters

advised that Elena Diaz-Verson Amos set up this program for guest lecturers to

come to Columbus State University.

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CITY ATTORNEY?S AGENDA:



THE FOLLOWING ZONING ORDINANCE WAS SUBMITTED AND ITS CAPTION READ BY CITY

ATTORNEY FAY AND A PUBLIC HEARING WAS HELD AS

ADVERTISED:







An Ordinance ? Amending Section 21-14 of the Columbus Code by changing the

terms of office of the Taxicab Commission from two years to four years; and

providing for extensions of the two-term limit by the Columbus Council.



Councilor Suber deferred questions to Mr. Wallace Archie, who is the

Chairman of the Taxicab Commission. Mr. Wallace Archie, Chairman of the

Taxicab Commission, came forward to express his support of this ordinance. He

stated that we find this change necessary to keep the continuity within the

Taxicab Commission. He explained his reasoning for this request by mentioning

that there are four members whose terms would be expiring on February 3, 2003

and those four members, himself included are detrimental in the rewriting of

the Vehicles For Hire ordinance. He said that the request is for the Council

to give the members the permission to continue to serve an additional four

years.



Councilor Allen asked about the staggering of terms. He pointed out that

most of our City boards have staggered terms; otherwise, there would be all

members serving on the board rotating off at the same time, at which time, Mr.

Archie responded to those concerns. Councilor Allen then suggested a one-week

delay for Mr. Archie to discuss this option with the board members.



After additional discussions regarding the boards having staggered terms,

Deputy Clerk of Council Davis advised that seven members have the same year of

expiration with the last two additional members have a different year of

expiration. Councilor Hunter suggested that the City Attorney get together

with the Clerk?s Office to draft something to accommodate the staggering of

terms. Councilor Hunter mad a motion to incorporate into the ordinance a

staggering of terms so that all positions would not be expiring at the same

time. Seconded by Councilor Suber and carried unanimously by those seven

members present for this meeting.



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THE FOLLOWING ORDINANCES WAS ALSO SUBMITTED AND ITS CAPTION READ BY CITY

ATTORNEY FAY AND A PUBLIC HEARING WAS HELD:







An Ordinance - Amending Section 2-17 of the Columbus Code by providing

that an Environmental Court Docket shall be heard at a morning session on the

first Wednesday of each month and shall be heard at an afternoon session on the

third Wednesday of each month in the Recorder's Court.



City Attorney Fay briefly explained that the ordinance that was previously

adopted had a 9:00 a.m. start time for the morning and a 2:00 p.m. afternoon

session time, and this just removes that time limit to give a little bit more

flexibility to the judges and the other officials involved with the

Environmental Court docket.



Councilor Henderson said that since we initiated this court and it was

sort of an experimental type basis to see if we want to expand it to a

full-time court; therefore, he would like to receive a running tally of the

classifications type of citations that have been handled in that court in order

to see the types of violations that they are adjudicated. Councilor Hunter

pointed out that this is a new court and prior to the court coming into

existence, the feelings among a lot of the citizenry was that with regards to

these types of cases, it would not do much good to report incidences of

environmental violations. He said that now that the citizens can see that the

City is serious about these issues, violations are being reported.



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THE FOLLOWING VEHICULAR TRAFFIC ORDINANCE WAS SUBMITTED AND ITS CAPTION

READ BY CITY ATTORNEY FAY AND A PUBLIC HEARING WAS

HELD



An Ordinance - Regulating vehicular traffic in Columbus, Georgia by

amending Section 20-5.2 so as to decrease State speed limits in designated

zones on Bradley Park Drive, by deleting and adding certain speed limits in the

speed limit schedule; authorizing the erection of official traffic control

signs indicating applicable speed limits and repealing any conflicting

ordinances.



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PUBLIC AGENDA:



MS. PATRICIA RUTHERFORD, RE: COMPLAINT OF AN EVICTION:



Ms. Patricia Rutherford was not present in the audience and did not

respond when given the opportunity to address the Council.



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CITY MANAGER?S AGENDA:



THE FOLLOWING THREE PURCHASING RESOLUTIONS, WITH DETAILED INFORMATION

HAVING BEEN INCLUDED WITH THE CITY MANAGER?S AGENDA PACKET, WERE SUBMITTED AND

EXPLAINED BY CITY MANAGER CAVEZZA AND ADOPTED BY THE COUNCIL UPON THE ADOPTION

OF A SINGLE MOTION MADE BY COUNCILOR SUBER AND SECONDED BY COUNCILOR HUNTER,

WHICH CARRIED UNANIMOUSLY BY THOSE SEVEN MEMBERS OF COUNCIL PRESENT FOR THIS

MEETING:





A Resolution (675-02) - Authorizing the purchase of two pool filters and

accessories from Swim-Pro Pools, Inc., in the amount of $64,685.00.



A Resolution (676-02) - Authorizing the purchase of one (1)

agriculture tractor with cab from Melson Tractor in the amount of $22,658.00.



A Resolution (677-02) - Authorizing the purchase of one (1) sedan,

full-size, four door, 8 cylinder from Mike Patton Ford in the amount of

$20,372.00.



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AT THE REQUEST OF CITY MANAGER CAVEZZA, THE FOLLOWING PURCHASING

RESOLUTION WAS DELAYED BY THE COUNCIL:



A Resolution - Authorizing the procurement of temporary employment

services from Global Personnel Services, Inc. the city expends approximately

$25,000.00, annually, for temporary services.



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UPCOMING EVENTS:



City Manager Cavezza made the following announcements regarding some

upcoming events and are listed as follows:



? Railroad Improvements: Over the next few weeks, there are going to be some

railroad improvements. On December 5, 2003, Cargill Drive will be closed to

complete improvements on that railroad crossing. One lane on Schatulga Road

would be open while Cargill Drive is closed; this would be put on the

Government Access Channel. On December 10, 2002, the railroad crossing on

Forrest Road. December 6 and December 16, 2002, Morris Road would be closed on

those two dates from 8:00 a.m. to 6:00 p.m. to replace the railroad crossing.



? Pearl Harbor Day: December 7, 2002, is Pearl Harbor Day. The Veterans of

Foreign Wars are sponsoring two events: (1) Ceremony on December 7, 2002 at

8:00 a.m. in front of the Eternal Flame at the Government Center (2) At 11:00,

there would be an event at the VFW Post 665, on Victory Drive that same day.



? Comp Plan Meeting: On December 2, 2002, another Comp Plan Meeting was held

over at the Government Center Annex. Approximately 20 people showed up. There

were similar comments made with this being the smallest crowd we have had so

far. This meeting covered District 9, which consist of the Historic District,

Uptown and parts of Victory Drive.



? Night of Lights: On December 5, 2002, at 6:30 p.m. the Night of Lights would

be held, at the Phenix City Amphitheater.



? Chattahoochee/Flint River Meeting: On December 5, 2002, at 6:30 p.m. the

Apalache Cola Chattahoochee/Flint River Public Meeting that is being sponsored

by the Corp of Engineers, at the Trade Center



Mayor Peters pointed out that it seems that we continue to have these

meetings, but the only issue is whether to keep the channels open for

navigation, but that seems to be the one issue that not addressed. City

Manager Cavezza agreed with this comment, but added that there seems to be a

new attitude in the Corp of Engineers about their accepting responsibility for

not properly maintaining that in the past and causing this problem.



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CLERK OF COUNCIL?S AGENDA:



THE FOLLOWING TWO RESOLUTIONS WERE CALLED UP AS THE NEXT ORDER OF

BUSINESS, AS SUBMITTED BY DEPUTY CLERK OF COUNCIL DAVIS, WHICH RESULTED IN AN

INCONCLUSIVE VOTE FOR ACTION:





A Resolution - Authorizing a variance request to reduce the minimum

residential setback of a wireless communications facility (tower) from 300 feet

to 160 feet for wireless communication service on property located at 1720 Warm

Springs Road.



A Resolution - Approving a Special Exception Use to erect wireless

communications facility for wireless communications services on property

located at 1720 Warm Springs Road.



Mayor Pro Tem Rodgers moved the defeat of both resolutions. Seconded by

Councilor Allen.



Councilor Smith asked if the tower would be visible from the proposed

site, at which time, Mr. Rob McKenna replied that it would be visible only from

Warm Springs Road. Councilor Smith pointed out that on three sides of this

site it is C-2 and C-3 zonings and if it was to fall, it would have to fall

across trees and the railroad track to get to the residential area, at which

time, Mr. McKenna agreed with these comments.



Mr. Rob McKenna, explained that all of the monopole structures are

designed to fall within a fall radius. He pointed out that this one is

designed to fall within a radius of no greater than 25 feet from the base of

the tower, which would keep it all on site.



Councilor Henderson advised that he would be voting to defeat it, because

we spent some time developing that ordinance and until we amend that ordinance,

he would not be inclined to grant variances when it applies to the distance

setback. He pointed out that he thinks there may be some opportunity to

revisit the way that ordinance is currently written.



There was continued discussion on this matter with various Councilors

expressing their views. Mr. McKenna advised that this particular part of town

is susceptible to the 300 ft. requirement, because everywhere off of Warm

Springs Road within a mile of either direction from where we are proposing to

put this tower is residential; there is no site up and down Warm Springs in the

search area that would satisfy the 300 ft. requirement.



Councilor Henderson requested that we bring this matter back for

discussion at the next available work session and provide supporting

documentation from the tower companies and our Engineering staff or any

information that we could receive for the Council to revisit this issue to see

if there is an opportunity to make some kind of exception within the

ordinance.



Councilor Suber expressed concerns with the Wireless Communication Act,

which basically reads that if there is no place to do these wireless

communication towers and a person or business had expended all of their

energies trying to find a location, and because the City?s laws prohibit this,

he believes that this would be in violation. City Attorney Fay responded by

saying that this is a good point, but there are case laws on both sides of the

issue. Councilor Allen suggested that we invite the School Board to the work

session; therefore, the School Board could have a better understanding of the

industry, and what the Council goes through, as far as, allowing these towers

to be located in certain zones.



After some additional comments in this matter, Mayor Peters called

attention to the motion to defeat with there being an inconclusive vote of four

to three with Mayor Pro Tem Rodgers and Councilors Allen, Henderson and Hunter

voting yes and Councilors McDaniel, Smith and Suber voting no.



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THE FOLLOWING ITEMS WERE SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR AND

COUNCIL:





(1) Memorandum from Clerk of Council Washington, Re: Building Contractors

Examining Board.



(2) Memorandum from Clerk of Council Washington, Re: Cooperative Extension

Advisory Board.



(3) Memorandum from Clerk of Council Washington, Re: Emergency Management

Advisory Board.



(4) Memorandum from Clerk of Council Washington, Re: Board of Health.



(5) Memorandum from Clerk of Council Washington, Re: Medical Center Hospital

Authority.



(6) Memorandum from Clerk of Council Washington, Re: Recreation Advisory

Board.



(7) Biographical sketch of Ms. Andrea Richardson, Councilor Woodson?s nominee

for a new at-large position on the Tree Board.



(8) Biographical sketch of Ms. Sharon Dixon, Councilor Davis?s nominee for a

new at-large position on the Tree Board.



(9) Biographical sketch of Dr. Beth Dreelin, Councilor Davis?s nominee for a

new at-large position on the Tree Board.



(10) Biographical sketch of Mr. Neal Womack, Councilor Smith?s nominee for a

new at-large position on the Tree Board.



(11) Biographical sketch of Mr. Scott Ammerman, Councilor Henderson?s nominee

for a new at-large position on the Tree Board.



(12) Biographical sketch of Mr. Christopher Wightman, nomination for a new

residential development position on the Tree Board.



(13) Biographical sketch of Ms. Gloria Weston-Smart, nomination for a new Keep

Columbus Beautiful Commission representative on the Tree Board.



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TREE BOARD:



Mayor Peters advised that Councilor Davis had to go out of town, because

of the death of a coach, whom he was very close to. He asked that the

appointments regarding the Tree Board be delayed. Councilor Suber made a

motion to delay appointments for the Tree Board. Seconded by Councilor

McDaniel and carried unanimously by those seven members present for this

meeting.



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BOARD OF HEALTH:



Councilor McDaniel requested that Dr. Jimmy Sullivan would like to be

reappointed to serve another term of office. He then renominated him to serve

another term. Deputy Clerk of Council Davis advised that the Board of Health

would be listed to next week.



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TREE BOARD:



Councilor Henderson advised that he submitted Mr. Scott Ammerman as a

nominee for the Tree Board. He pointed out that Mr. Ammerman participated late

in the game with the Tree Committee. He explained that his primary source of

business is a door company that he owns, but he has done some developing. He

said that developing is not his primary livelihood and he has spoken to Deputy

City Manager Isaiah Hugley and we were in agreement that Mr. Ammerman would not

fit in the category of a representative of the developers; therefore, he is

nominating him for an at-large position.



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THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY DEPUTY CLERK OF

COUNCIL DAVIS AND WAS APPROVED BY THE

COUNCIL:







A Resolution (678-02) ? Cancelling the December 24, 2002 and the December

31, 2002 Council Meetings.



Mayor Pro Tem Rodgers moved approval and seconded by Councilor Allen,

which carried unanimously by those seven members of Council present for this

meeting.



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MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY DEPUTY CLERK OF COUNCIL

DAVIS AND OFFICIALLY RECEIVED BY THE

COUNCIL:





Housing Authority, October 16, 2002.

Planning Advisory Commission, June 19, 2002.

Planning Advisory Commission, July 17, 2002.

Planning Advisory Commission, August 7, 2002

Zoning Appeals, Board of, August 7, 2002.



Mayor Pro Tem Rodgers moved approval and seconded by Councilor Allen,

which carried unanimously by those seven members of Council present for this

meeting.



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THE FOLLWING TWO NEW ZONING PETITIONS WERE SUBMITTED BY DEPUTY CLERK OF

COUNCIL DAVIS AND AN ORDINANCE WAS CALLED FOR EACH BY COUNCILOR

SMITH:



Petition submitted by Tiger Creek Development, Inc. to rezone

approximately 13 acres of property located at 6801 Warm Springs Road (south of

the creek) from an A-1 District to an R-1A District. (Recommended for approval

by both the Planning Advisory Commission and the Planning Division.)

(62-A-02-Tiger Creek Development, Inc.)



Petition submitted by Tiger Creek Development, Inc. to rezone

approximately 24 acres of property located at 6801 Warm Springs Road (north of

the creek) from an A-1 District to an R-1 District. (Recommended for

conditional approval by both the Planning Advisory Commission and the Planning

Division.) (63-CA-02-Tiger Creek Development, Inc.)





BOARD APPOINTMENTS:



CIVIC CENTER ADVISORY BOARD:



Deputy Clerk of Council Davis advised that we still need nominations for

the positions of Ms. Jasmine Houston, the Mayor?s appointment and Mr. Jim

White, Councilor Henderson?s appointment.



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HOSPITAL AUTHORITY:



Deputy Clerk of Council Davis pointed out that the Council still needs to

nominate two additional individuals for the seat of Ms. Ola Mae Washington on

this board. There were none.



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INDUSTRIAL & PORT DEVELOPMENT COMMISSION:



Deputy Clerk of Council Davis pointed out that the Council still needs to

nominate someone to fill the seat of Mr. James Yancey. There were

none.



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RIVER CENTER FOUNTAIN:



Mayor Peters suggested that everyone take a chance to go by to view the

fountain that is in front of the River Center; it is a beautiful addition to

that area.



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Mayor Peters asked if there was anyone present in the audience who was not

listed on the Public Agenda, but had an issue to bring before the Council, they

could be heard at this time. Mr. Gerald Ludwig came forward to ask if any work

was going to be done on the 9th Street railroad track in conjunction with the

other work being done on the railroad tracks, at which time, City Manager

Cavezza explained that 9th Street would have to be paved, but to put the same

kind of crossings along that entire rail, as being done at the other locations,

would cost a lot of money. He said that we are looking to maybe do some work

at the intersections. He advised that the City would have to pay for it. Mr.

Ludwig then pointed out that the one on 6th Street needs to be done also.



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With there being no other business to come before this Council, Mayor Pro

Tem Rodgers then made a motion for adjournment. Seconded by Councilor Suber and

carried unanimously by those seven members of Council present for this meeting,

with the time being 6:49 P.M.



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Sandra T. Davis

Deputy Clerk of Council

The Council of Columbus, Georgia