Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

AUGUST 6, 2002



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

called to order at 5:30 P.M., Tuesday, August 6, 2002, on the Plaza Level of

the Government Center, Columbus, Georgia. Honorable John J. Rodgers, Mayor Pro

Tem, presiding.



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PRESENT: Present other than Mayor Pro Tem Rodgers were Councilors R. Gary

Allen, Berry H. Henderson, Julius H. Hunter, Jr., Charles E. McDaniel, Jr,

Richard Smith, Nathan Suber and Evelyn Turner Pugh. City Manager Carmen

Cavezza, City Attorney Clifton Fay, Clerk of Council Tiny B. Washington and

Deputy Clerk of Council Sandra Davis were also present. Councilor Evelyn

Woodson arrived at 5:40 p.m., just prior to this meeting adjourning.



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ABSENT: Mayor Bobby G. Peters was absent.



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INVOCATION: Offered by Pastor Keith Bryan ? of Solid Rock Assembly of God

Church.

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PLEDGE OF ALLEGIANCE: Led by Councilor Nathan Suber.

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JUDGE HAYWOOD TURNER:



Mayor Pro Tem Rodgers said that we have invited Judge Haywood Turner to be

with us tonight, and then asked him to come forward.



Judge Haywood Turner appeared and read a prepared statement, saying that

he come before you today to apologize for his recent comments regarding his

opinion that it would take a nuclear bomb to get Council?s attention. He said

his comments were made out of years of frustration in dealing with this body,

but said those comments were nonetheless inappropriate in light of the

continued threats of terrorist towards this Country. He said, as many of you

already know, he has since amended those remarks; and he also regrets that the

relationship between his office and Council has deteriorated to the point that

they are meeting under these circumstances. He said it is his goal to begin a

new Chapter of cooperation; however, he wants you all to know that he remain

steadfast in his belief that it is absolutely crucial that the three branches

of our City Government remain completely separate. He said he has now retained

counsel and will direct all further inquiries regarding this matter to him.



Mayor Pro Tem Rodgers thanked Judge Turner for coming before this Council

and thanked him for the statement. He said we, too, from week to week,

experience frustrations as well. He said we look forward to the continued

cooperation with your Court, as well, as a new regime is beginning.

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MINUTES: Minutes of the July 23, and July 30, 2002 Meetings of the Council of

the Consolidated Government of Columbus, Georgia were submitted and approved

upon the adoption of a motion made by Councilor Turner Pugh and seconded by

Councilor Suber, which carried unanimously by those eight members of Council

present.

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ZONING PUBLIC HEARINGS:



THERE WERE NO ZONING PUBLIC HEARINGS SCHEDULED FOR TONIGHT?S MEETING.

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CITY ATTORNEY?S AGENDA:



THE FOLLOWING FIVE ZONING ORDINANCES WERE SUBMITTED AND THEIR CAPTIONS

READ BY CITY ATTORNEY FAY AND ADOPTED BY THE COUNCIL ON SECOND

READING:





An Ordinance (02-76) - Amending the text of the Zoning Ordinance to allow

yoga and pilates as a Special Exception Use in an H (Historic) Zoning District.

Councilor Turner Pugh moved its adoption. Seconded by Councilor Allen and

carried unanimously by those eight members of Council present.

(32-A-02-Planning Division)



An Ordinance (02-77) - Amending the text of the zoning ordinance to allow

amusements, recreational and entertainment activities carried on wholly within

a permanently enclosed building, excluding adult movie houses, as a Special

Exception Use in an M-1 Zoning District. Councilor Suber moved its adoption.

Seconded by Councilor Turner Pugh and carried unanimously by those eight

members of Council present. (35-A-02-Planning Division)



An Ordinance (02-78) - Rezoning approximately 0.44 acres of property

located at 2517 2nd Avenue from an R-4 District to a C-3 District. Councilor

McDaniel moved its adoption. Seconded by Councilor Smith and carried

unanimously by those eight members of Council present. (37-A-02-Garner)



An Ordinance (02-79) - Rezoning approximately 0.32 acres of property

located at the southwest corner of Comer Avenue and Center Street from an A-0

District to a C-2 District. Councilor McDaniel moved its adoption. Seconded by

Councilor Smith and carried unanimously by those eight members of Council

present. (38-CA-02-Flowers Construction Co.)



An Ordinance (02-80) - Rezoning approximately 1.09 acres of property

located at the southwest corner of Forrest Road and Alta Vista Drive from an

R-1A District to an R-3. Councilor Suber moved its adoption. Seconded by

Councilor Allen and carried unanimously by those eight members of Council

present. (40-CA-02-D.F. Holley Builders, Inc.)



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THE FOLLOWING FOUR ORDINANCES WERE ALSO SUBMITTED AND THEIR CAPTIONS READ

BY CITY ATTORNEY FAY AND ADOPTED BY THE COUNCIL ON SECOND

READING:





An Ordinance (02-81) - Amending Chapter 19 of the Columbus Code so as to

amend Section 19-79 relating to prerequisites required for home inspectors.

Councilor McDaniel moved its adoption. Seconded by Councilor Suber and carried

unanimously by those eight members of Council present.



An Ordinance (02-82) - Amending the State Court FY03 Budget from $489,674

to $454,674 and amending the Public Defender FY03 budget from $963,672 to

$998,672 to provide funding for two State Court Public Defenders. Councilor

Turner Pugh moved its adoption. Seconded by Councilor Suber and carried

unanimously by those eight members of Council present.



An Ordinance (02-83) - Amending the Juvenile Court FY03 Budget from

$538,969 to $380,188; accepting $127,500 from the administrative office of the

courts; authorizing the position of Juvenile Court Judge, part-time; and

creating the circuit wide Juvenile Court budget. Councilor McDaniel moved its

adoption. Seconded by Councilor Allen and carried unanimously by those eight

members of Council present.



An Ordinance (02-84) - Amending the "Official Street Map, City of

Columbus, Georgia," by changing the official street name for the sections of

public roadways currently designated as Weems Road and Livingston Drive to

"Whittlesey Boulevard" to be one street name consistent with the length of the

roadway; authorizing the replacement of existing street name signs labeled as

Weems Road and Livingston Drive to Whittlesey Boulevard. Councilor Allen moved

its adoption. Seconded by Councilor McDaniel and carried unanimously by those

eight members of Council present.



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

ATTORNEY FAY AND ADOPTED BY THE COUNCIL ON SECOND READING:



An Ordinance (02-85)- Amending the Code of Columbus, Georgia by deleting

in its entirety Section 18-10.1 entitled ?driveways, erection, content, fees

for markers?; deleting City Code Section 18-53 entitled ?residences, mobile

homes and businesses receiving mail, fire or police calls? in its entirety;

enacting a new Section 18-53 entitled "Address Assignments? for the purpose of

assigning addresses in order to protect the public health, safety and general

welfare; repealing any conflicting ordinances and for other purposes. Councilor

Suber moved its adoption. Seconded by Councilor Turner Pugh and carried by a

vote of seven to one, with Councilor Hunter voting no and all other seven

members of Council present voting yes.



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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 (462-02) - Expressing appreciation to Senator Max Cleland and

Congressman Mac Collins for their assistance in including grant funding for the

Columbus Water Works BFT Demonstration Project in the amount of $750,000 as a

part of the FY03 appropriations bills in Congress. Councilor Allen moved its

adoption. Seconded by Councilor Suber and carried unanimously by those eight

members of Council present.



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THE FOLLOWING FOUR RESOLUTIONS, EXPRESSING APPRECIATION TO EMPLOYEES WHO

HAVE RETIRED FROM THE CITY GOVERNMENT WERE SUBMITTED BY CITY ATTORNEY FAY AND

THEIR CAPTIONS READ BY MAYOR PRO TEM RODGERS AND ADOPTED BY THE COUNCIL

PURSUANT TO THE ADOPTION OF A SINGLE MOTION MADE BY COUNCILOR SUBER AND

SECONDED BY COUNCILOR TURNER PUGH, WHICH CARRIED UNANIMOUSLY BY THOSE EIGHT

MEMBERS OF COUNCIL PRESENT:



A Resolution (463-02) - Expressing appreciation to Richard E. Weeks upon

his retirement with the Coroner's Office after 25 years of service.



A Resolution (464-02) - Expressing appreciation to Michael D. Mulkey upon

his retirement with the Columbus Fire Department after 29 years of service.



A Resolution (465-02) - Expressing appreciation to Larry Jackson upon his

retirement with the Columbus Police Department after more than 32 years of

service.



A Resolution (466-02) - Expressing appreciation to James A. Helms, upon

his retirement with the Columbus Water Works after more than 17 years of

service.



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THE FOLLOWING FOUR RESOLUTIONS, EXPRESSING CONDOLENCES TO THE FAMILY OF

THOSE CITY EMPLOYEES WHO RECENTLY PASSED AWAY WERE SUBMITTED BY CITY ATTORNEY

FAY AND THEIR CAPTIONS READ BY MAYOR PRO TEM RODGERS AND ADOPTED BY THE COUNCIL

PURSUANT TO THE ADOPTION OF A SINGLE MOTION MADE BY COUNCILOR TURNER PUGH AND

SECONDED BY COUNCILOR ALLEN, WHICH CARRIED UNANIMOUSLY BY THOSE EIGHT MEMBERS

OF COUNCIL

PRESENT:





A Resolution (467-02) - Expressing condolences to the family of Mr.

Herbert B. Howard, employee with the Transit/METRA Department, who passed away

on June 3, 2002.



A Resolution (468-02) - Expressing condolences to the family of Mr.

Johnnie E. Spinks, former employee with the Transit/METRA Department, who

passed away on June 9, 2002.



A Resolution (469-02) - Expressing condolences to the family of Mr. Aaron

Averett, former employee with the Columbus Water Works, who passed away on June

17, 2002.



A Resolution (470-02) - Expressing condolences to the family of Mr. Roland

D. Taylor, former employee with the Public Services Department, who passed away

on July 3, 2002.



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THE FOLLOWING RESOLUTION, NOT LISTED ON THE AGENDA WAS ALSO SUBMITTED AND

EXPLAINED BY CITY MANAGER CAVEZZA AND THEN ADOPTED BY THE

COUNCIL:





A Resolution (471-02) - Authorizing the City Manager to execute the

intergovernmental agreement between the Georgia Secretary of State and Muscogee

County as part of the implementation of the uniform statewide voting system and

we hereby designate the Executive Director of the Muscogee County Board of

Elections and Registration as the contact person for the liaison to the

Secretary of State as required by the agreement. Councilor McDaniel moved its

adoption. Seconded by Councilor Smith and carried unanimously by those eight

members of Council present.

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PUBLIC AGENDA:



NO ONE REQUESTED TO BE LISTED ON TONIGHT?S PUBLIC AGENDA.

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CITY MANAGER?S AGENDA:



THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY MANAGER

CAVEZZA AND ADOPTED BY THE

COUNCIL:



A Resolution (472-02) - Authorizing the acceptance of a deed to Sugar Mill

Court, located in Section Two, Sugar Mill Subdivision, on behalf of Columbus,

Georgia. Councilor Turner Pugh moved its adoption. Seconded by Councilor

McDaniel and carried unanimously by those eight members of Council present.



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THE FOLLOWING PURCHASING RESOLUTION HAVING BEEN INCLUDED WITH THE CITY

MANAGER?S AGENDA PACKET WAS SUBMITTED AND EXPLAINED BY CITY MANAGER CAVEZZA AND

ADOPTED BY THE

COUNCIL:



A Resolution (473-02) - Authorizing the City Manager to purchase an annual

maintenance support agreement for the Decision Analyzer Software from Decision

Technology, in the amount of $10,258.00. Councilor Turner Pugh moved its

adoption. Seconded by Councilor Suber and carried unanimously by those eight

members of Council present.



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WHITTLESEY BOULEVARD:



City Manager Cavezza said we will open up Whittlesey Boulevard tomorrow,

which is the road through the new Columbus Crossing Shopping Center. He said

they will be activating the traffic lights at noon, and are asking everyone to

be patient; because when we activate as many lights that they will be

activating, we will be adjusting them and said there may be some

inconveniences, but said we will work with them.



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MACON ROAD:



City Manager Cavezza said the paving on Macon Road, in the vicinity of the

Columbus Square Mall site will be completed by next Wednesday.



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POOLS:



City Manager Cavezza said the pools ordinarily would close on August 9th,

because of lifeguard limitations, and commitments that they have; however, we

will make every effort to keep the three leisure pools open on weekends through

August 25th.



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MAYOR?S INTERNATIONAL GALA:



City Manager Cavezza reminded the Council of the Mayor?s International

Gala, this Saturday night, August 10, 2002, beginning with a Reception at 6:00

p.m. and dinner at 7:00 p.m., at the Civic Center. He said the International

Festival is going to be on Sunday, August 11, 2002 at the Civic Center, from

2:00 - 7:00 p.m. He said this is something that Mayor Peters has been behind

every since he has been the Mayor and he has been behind it and pushed it

really hard, and said this is bigger and better this year.



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MAYOR?S PRAYER BREAKFAST:



City Manager Cavezza also reminded everyone of the Mayor?s Prayer

Breakfast that will be held on Tuesday morning, August 13, 2002 at 7:30 a.m.,

on the Plaza Level of the Government Center.



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COMMUNITY MEETING ? COLUMBUS SQUARE MALL SITE:



City Manager Cavezza also mentioned the community meeting on the Columbus

Square Mall site, which will be held on Tuesday, August 13, 2002 at 7:00 p.m.,

at Rigdon Road Elementary School. He said we will discuss the utilization of

the Columbus Square Mall site development, and we are looking for public input

on that.



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COLUMBUS PARK CROSSING:



Councilor McDaniel said for those who haven?t been out to see the new

Columbus Park Crossing Shopping Center, he would like to encourage them to do

so; he said this is going to be a beautiful piece of property. He said it is

going to be a first class operation; and he thinks everyone should go out there

and look at it, if they haven?t been.

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CLERK OF COUNCIL?S AGENDA:



THE FOLLOWING ITEM WAS SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR AND

COUNCIL:





(1) Memorandum from Clerk of Council Washington, Re: Board of Water

Commissioners.



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THE FOLLOWING TWO RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CLERK OF

COUNCIL WASHINGTON AND ADOPTED BY THE COUNCIL:



A Resolution (474-02) - Amending Resolution Number 443-02 that changed the

August 27, 2002 Work Session to a regular Council meeting by holding the

regularly scheduled Consent Agenda/Work Session on August 27, 2002. Councilor

Allen moved its adoption. Seconded by Councilor Suber and carried unanimously

by those eight members of Council present.



A Resolution (475-02) - Approving a Special Exception Use to allow

amusements, recreational and entertainment activities carried on wholly within

a permanently enclosed building (cheerleading school), excluding adult movie

houses, at 5045 Milgen Court. Councilor Suber moved its adoption. Seconded by

Councilor Henderson and carried unanimously by those eight members of Council

present.



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THE FOLLOWING TEMPORARY STREET CLOSING APPLICATION WAS SUBMITTED BY CLERK

OF COUNCIL WASHINGTON AND APPROVED BY THE COUNCIL:



Application of Bernie Quick for a temporary street closure of 10th Street,

11th Street and 12th Street from the center median of 1st Avenue to center

median of Broadway; 11th Street at Front Avenue and after 6:00 p.m., the

southbound of Broadway until midnight, on August 31, 2002, from 5:00 a.m. to

midnight, in connection with a ?Bicycle and Roller Blade Races.? (Opposition:

Karen Daswani, 1016 Broadway; Mike Lee, 1040 Broadway; George Saad, 1010

Broadway; Jesse Benning, 1028 Broadway)



Councilor Turner Pugh moved the approval of this application. Seconded by

Councilor Suber and carried unanimously by those eight members of Council

present.



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THE FOLLOWING APPLICATION FOR A TAXICAB OWNER?S BUSINESS LICENSE WAS

SUBMITTED BY CLERK OF COUNCIL WASHINGTON AND APPROVED BY THE COUNCIL:







Application of Leroy H. Hobbs for a taxicab owner?s business license to

operate within Columbus, Georgia d/b/a Fort Mitchell Cab Company, located at 64

Kite Town Loop, Seale, Alabama 36875.



Councilor McDaniel moved the approval of this application. Seconded by

Councilor Smith and carried unanimously by those eight members of Council

present.



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MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND OFFICIALLY RECEIVED BY THE COUNCIL:



Airport Commission, June 27, 2002.

Board of Tax Assessors, Number 29.

Budget Review Committee, June 4, 2002.

Taxicab Commission, April 3, 2002.



Councilor Allen made a motion that these minutes be received. Seconded by

Councilor Henderson and carried unanimously by those eight members of Council

present.



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BOARD APPOINTMENTS:



BOARD OF WATER COMMISSIONERS:



As it relates to the memorandum submitted by Clerk of Council Washington

regarding Ms. Kathleen Spencer?s term of office on the Board of Water

Commissioners that will be expiring on December 31, 2002, Councilor Suber said

since Ms. Kathleen Spencer is eligible to succeed herself for another term, he

would move that she be confirmed. Seconded by Councilor Allen and carried

unanimously by those eight members of Council present.

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NOTE: Councilor Woodson arrived at this point in the proceedings, with

the time being 5:40 p.m.



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TREE:



Councilor Woodson said there is a tree that fell during the recent storm

and said that the City went out and cut the tree, and moved it so the gentleman

could get in and out of his driveway, but said they didn?t move the roots of

the tree. She said when we had another storm, the roots then uplifted, and his

fence is just about in the ditch, and said it is a total mess. She then asked

City Manager Cavezza to send someone out to take a look at this matter.



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MEET THE CANDIDATE FORUM:



Councilor Hunter said on Thursday, August 15, 2002 at 7:00 p.m., there

will be a ?Meet the Candidate Forum?, sponsored by the South Columbus Citizens

Coalition, at the new Girl?s Club, Inc., located at 3535 Levy Road. He asked

that this information run on the City?s Government Access Channel.



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TAXICAB BUSINESS LICENSES:



Councilor Turner Pugh said on these taxicab business licenses when they

don?t have a business based in Columbus, and they are based in Alabama, she

thought that they could only drop off in Columbus, but couldn?t operate a

taxicab service in Columbus without having a physical business here.

City Attorney Fay said we looked at this some time ago and said he thinks

there may be a memorandum on it, and said he would double check it again. He

said he thinks that they pay an administrative fee for the operation in

Columbus. He said we couldn?t require them to physically go buy a piece of

property, just because they are based across the river.



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CANDIDATE FORUM:



Councilor Woodson said she was told that there might be a possibility that

the Historic District was going to have a forum on the same date as the South

Columbus Citizens Coalition. She said just for clarification purposes, she

would like for us to check and make sure that it doesn?t conflict.



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NATIONAL SOFTBALL TOURNAMENT:



Councilor Henderson said he knows that we are coming off a successful

softball tournament that attracted over 100 teams, which were the National

Championships that were held at South Commons and said he talked with a lot of

the parents that attended, as well as the girls that played in that event, and

said they were all extremely complimentary of the Parks & Recreation Department

and the volunteers. He then called on Janice Davis, of the Sports Council, to

make some brief comments.



Ms. Janice Davis of the Sports & Events Council thanked all of the

partnerships involved, which included Parks & Recreation, the Convention &

Visitors Bureau, as well as a number of hotels and businesses that made this

really successful, along with the media. She said they received high scores in

all of their areas and said she is really proud of that. She said they were

sent an ASA representative who graded them on how well that they did, which was

very complimentary.



She said everything was just great, and said it really left them with an

excitement that they would like to go back and get another event, such as this.

She said she would like to thank the Council for the opportunity to bring it to

us, all as a result of the 1993 sales tax.



Councilor Hunter said the year before the Olympics, we hosted an event

called, ?Super Ball?, where we invited a number of foreign teams to come in and

said that was a great event too, as well as the Olympics, and then asked, are

we going to try in the future, to do something similar to that.



Ms. Davis said she looks to City Manager Cavezza in that and they have

been talking about that, and then asked, City Manager Cavezza if he wanted to

comment on that.



City Manager Cavezza said ?Super Ball? was somewhat of a dress rehearsal

for the Olympics and said we had everybody?s attention, the International

Softball Federation was on board, and a lot of things going our way. He said we

repeated that two years in a row and some of the support started to drop off,

and said it is a very, very expensive proposition, and the decision of the

Sports Council Board was not to go after these real expensive events, but to go

after the events, such as the one that was just brought in, that brings a lot

of people with it, and economically, it?s a great thing for the City. He said

once the Sports Council is on sound, financial footing and we have the programs

in place, then we can periodically go after some of these things.



In response to Councilor Henderson, as to whether or not, they have the

numbers as far as the economic impact on the City; Ms. Davis said she roughly

did an estimate of the low side, which was $3 million. She said she sent out an

e-mail today, to see if we could see how many hotel rooms were used and what

the pickup count was on that; because we were all the way to Auburn, Opelika,

Callaway Gardens, as every hotel in Columbus was full. She said the economic

impact is based on them spending only $100 a day in our City, with that being a

5-day stay, but most of them stayed 7 ? 8 days.



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Mayor Pro Tem Rodgers then asked if there was anyone who was seated in the

audience that wasn?t listed on the Agenda, but had an issue to bring before the

Council, they could be heard at this time. There was no one who indicated that

they wanted to be heard.



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

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

carried unanimously by those nine members of Council present at the time, with

the time being 5:55 P.M. (Councilor Woodson arrived at 5:40 p.m.)



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Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia