Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

APRIL 2, 2002





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

called to order at 5:30 P.M., Tuesday, April 2, 2002, on the Plaza Level of the

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

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



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

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

McDaniel, Jr., Robert Poydasheff, Evelyn Turner Pugh, Richard Smith, Nathan

Suber and Evelyn Woodson. City Manager Carmen Cavezza, City Attorney Clifton

Fay, Clerk of Council Tiny B. Washington and Deputy Clerk of Council Sandra

Davis were also present.



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ABSENT: No one was absent.



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INVOCATION: Offered by Chaplain Daniel Roby - Columbus Police Department.

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PLEDGE OF ALLEGIANCE: Led by Mayor Peters.



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RECOGNITION OF FRANK MARTIN & O.P. CARLILE:



Mayor Peters recognized the presence of former Mayor Frank Martin and

former Police Chief, Mr. O. P. Carlile.

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PROCLAMATIONS:



?TAI CHI & QIGONG DAY?:



With Mr. Mark McGee standing at the Council table, Councilor Henderson

read the proclamation of Mayor Peters, proclaiming April 6, 2002, as ?Tai Chi &

Qigong Day?, in Columbus, Georgia.



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?BARBER SHOP HARMONY WEEK?:



With Mr. Charlie Garrett standing at the Council table, Councilor Hunter

read the proclamation of Mayor Peters, proclaiming the week of April 11, 2002

as ?Barber Shop Harmony Week?, in Columbus, Georgia.



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CITY ATTORNEY?S AGENDA:



WITH MS. HELEN MARTIN, MS. KIM YINKS, MS. JUDY PIERCE, AND

MS. LEE KENT STANDING AT THE COUNCIL TABLE, THE FOLLOWING RESOLUTION WAS

SUBMITTED AND READ IN ITS ENTIRETY BY COUNCILOR POYDASHEFF AND ADOPTED BY THE

COUNCIL:





A Resolution (139-02) - Commending and congratulating the Columbus

Regional Tennis Association (CORTA) upon winning the award for the 2002 USTA

Member Organization of the Year. Councilor Poydasheff moved its adoption.

Seconded by Councilor Hunter and carried unanimously by those ten members of

Council present for this meeting.

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NOTE: The City Attorney?s Agenda is continued below.



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MINUTES: Minutes of the March 19 & 26, 2002 meeting of the Council of the

Consolidated Government of Columbus, Georgia were submitted and approved

unanimously upon the adoption of a motion made by Mayor Pro Tem Rodgers and

seconded by Councilor Poydasheff.

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ZONING PUBLIC HEARINGS:



THE FOLLOWING TWO ZONING ORDINANCES WERE SUBMITTED AND THEIR CAPTIONS READ

BY CITY ATTORNEY FAY AND A PUBLIC HEARING WAS HELD AS ADVERTISED:







An Ordinance - Rezoning approximately 22 acres of property located at 8091

Midland Road from an A-1 District to an R-1 District. (1-D-02-Erickson)



An Ordinance - Rezoning approximately 32 acres of property located at 8127

Midland Road from an A-1 District to an R-1 District. (2-D-02-Erickson)



Once again Mayor Peters pointed out that we have had numerous hearings on

this matter, and said we have tried to let everybody be heard each time, and

said if you have already been heard, he would respectfully ask you not to go

back over the same material. He said the Council has all the materials, staff

reports and the petitions, and everything that has been said.



He said when this matter was last delayed, there was supposed to be a

meeting between the developer and the property owners and the Councilor for

that district.



Councilor Allen said in discussing this with the residents of the area,

they decided that unless something new comes in, that they feel like they need

to respond to, the Council has heard their story several times and are well

aware of their situation and pleas and their concerns in this area.



He said during the meeting on Saturday both sides had plans that they were

willing to discuss and agree to. He said the one-acre buffer around existing

home sites was a plan that the citizens had offered, and the compromise on the

external watts ranging from size of 16,500 or 17,500 up to 22,000 square feet.

He said in that discussion, it was pointed out that the developer wanted to

present a different alternative, but that it didn?t include a one-acre buffer

around existing home sites. He said his understanding of the Council?s request

on last week, was to start with the one acre buffer and then compromise on the

internal interior lot sizes and that was what they were willing to do, but the

developer said he couldn?t make it work.



Mayor Peters said the Council would be open to anything that they all

could agree to. He then asked Mr. Erickson, if his petition was in tact as it

started or if he is here to make any changes to his request tonight.



Mr. Erickson said he is going to offer an additional alternative, after

which Mayor Peters asked if the additional alternative has been discussed with

Councilor Allen and the residents. Mr. Erickson said no, because he just came

up with this plan on Sunday afternoon.



Mayor Peters then asked Mr. Erickson what is he requesting of the Council.



Councilor Turner Pugh said in reference to what Councilor Allen was

saying, said she don?t think the Council directed anyone to go start out with

one acre tracts all the way around. She said it was her understanding that we

just asked you all to get together to try to work out a proposal and bring back

some proposed drawings.



Councilor Suber said he spoke with Councilor Allen and he said the two of

you had discussed a proposal and agreed upon and when you met on Saturday, it

was a different proposal.



Mr. Erickson asked Councilor Suber to clarify what agreed upon was, as he

was of the opinion that he and Councilor Allen hasn?t agreed upon anything yet.



Councilor Allen then went into some details and elaborated on what he

referred to as an agreement with him and Mr. Erickson, after looking at and

reviewing about ten different plans with Mr. Fox and Mr. Erickson, showing a

plan that he said would be a good starting point had one acre sites and the

range of lot sizes intermingled in. He said that plan he did not see on

Saturday.



Mr. Erickson then approached the Council table where Councilor Allen was

seated and showed him the drawings which he had on Saturday. Councilor Allen

said we have found the plat.



Mr. Erickson then responded to several questions of Councilor Suber

regarding the drawing.



After several minutes of discussion regarding the meeting that was held on

Saturday, Mayor Peters then asked Mr. Erickson, what is he proposing tonight.



PROPONENTS:



Mr. Dave Erickson again appeared and distributed a packet of information

to the Mayor and Council. (A copy was not filed with the Clerk of Council for

the Council?s records.)



He went into some further details in explaining his request to the Mayor

and Council, referring to those documents that he provided to the Mayor and

Council.



Mr. Erickson proceeded to go into more details on what transpired on

Saturday during their meeting, when he was interrupted by Mayor Peters and

Councilor Turner Pugh and asked that he just tell the Council what he is

proposing for the Council to look at and decide on.



Mr. Erickson said in looking at the drawing on Page 2, he is asking that

you amend the petition to R-1 with a minimum lot size of 20,000 square foot on

every lot in the subdivision. (Drawing ?B?)



2nd Alternative: (Drawing ?C?) Makes better use of trying to provide more

protection to the residents of Midland as he has understood in previous

conversation. He said this would be a R-1, with a 15,000 square foot minimum,

with an additional requirement of 40,000 square foot lots along all of Old Pope

Road with a 25-foot buffer of existing vegetation.



Mayor Peters then asked Mr. Erickson, what proposal, he is asking the

Council to amend his petition with. Councilor Henderson said he doesn?t think

it is out of order to allow Mr. Erickson to give the two options that he would

like for the Council to consider. He said it is up to the Council to decide

whether or not we want to choose one of those or deny the petition.



Mr. Erickson then continued outlining his two options. He said one of the

primary issues that he has heard is protecting Old Pope Road and said this

proposal makes maximum protection of the Old Pope Road community and still

leaves something on the table for the developer to do something with, that is

an R-1 proposal with a maximum density of two lots per acre on their total

acreage with 40,000 square foot lots along Old Pope Road, additionally they can

provide buffers along the entire parameter of the property where they contact

somebody who has an existing one acre or more residence.

He said if there is going to be a subdivision that has any chance of success,

this program would do that although it would not protect the people of Midland

to the degree that they have been demanding.



Mr. Erickson said the Midland Community has stated several times how they

have compromised from five (5) acres to half acres, and said one of the

proposals that he has given you is a planning half acre, 20,000 square feet. He

said he has now thrown everything on the table that there is to throw.



After Mr. Erickson concluded his presentation, several members of the

Council then expressed their views on this matter, after which Mr. Erickson

then responded to questions of the Council.



Councilor Allen and Mr. Erickson had a dialogue of what transpired at the

meeting on Saturday and the plans and proposals that were shown.



After more than an hour of discussion on this matter, Mayor Peters pointed

out that the petitioner has given the Council two options and then asked, if

the Council would like to amend the petition with one of these options? No such

amendments were made.



Mr. Erickson then responded to further questions of members of the

Council.



Councilor Poydasheff said it would be good, in the future that if we could

come in during a Work Session, we can be given some delineation of where the

transitional aspect would start. He said in the future, he thinks that we

should do something about the panhandle. He said maybe come in with a

conceptual plan of where we would suggest that there may be a transitional

bright line.



City Manager Cavezza said we are looking at a transitional plan throughout

the County, and in this particular case, until this is resolved, it is a little

difficult.



Once again Mayor Peters asked if anyone on the Council would like to make

any motions to amend the petition that is on first reading, with either one of

the proposals of Mr. Erickson. There was no such motion made.



OPPONENTS:



Mr. Terry Fields of Liberty Hall, said he was at the meeting on Saturday

and said that Councilor Allen is being truthful and said that they were not

given any handouts or anything. He said they were supposed to have a plan given

to them, as to what could be done with the one-acre perimeter to protect all of

the landowners out there.



He said they just wanted to see a plan of what Mr. Erickson was proposing

to do, so that all the homeowners could look at it. He said at the very end of

the meeting, they saw a plan that had one acre lots along Old Pope Road, but

said he hasn?t seen the plan that Mr. Erickson submitted this morning.



Mr. Fields said the Midland residents did try to talk about what could be

done, because they didn?t have anything to go on.



He said he told Mr. Erickson during that meeting that he had talked to

several builders and developers and said they could make it work. He said he

told him that they would pay him for what he paid for that property and they

would put one-acre lots out there.



Mr. Fields said he is opposed to anything, but one-acre lots.



Mr. Charles Rowe, 8081 Old Pope Road appeared and said he has been living

there for about thirteen years, and said the 22-acre tract that you are looking

at borders his property on two sides. He said whatever happens will happen

right next door to him. He said he attended the meeting on Saturday and felt

like there was an attempt on both sides to discuss this issue. He said there

was a lot of discussion and said there was some serious attempts to compromise

on the part of the people that were there.



He said he just want the Council to protect the people that are out there,

and think about the economic impact on the people that are already there. He

said he would ask you to keep the one-acre zoning that they have out there now.



After more than one and a half hour of discussion on this subject, City

Attorney Fay declared the public hearing been held.



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THE FOLLOWING TWO ZONING ORDINANCES WERE ALSO SUBMITTED AND THEIR CAPTIONS

READ BY CITY ATTORNEY FAY AND A PUBLIC HEARING WAS HELD ON EACH AS

ADVERTISED:





An Ordinance - Rezoning approximately 1.36 acres of property located at

3523, 3529 & 3533 Trinity Drive: & 2114 Box Road from an R-1A District to an

A-O District. (9-CA-02-Schuster Enterprises, Inc.)



PROPONENTS & OPPONENTS:



An unidentified gentleman was present, but he did not make any

presentation, as there was no one present to oppose this proposed rezoning

ordinance.



An Ordinance - Rezoning approximately 10.42 acres of property located along

the west side of North Lumpkin Road, north of Airview Drive from an C-3

District to an R-4 District. (10-CA-02-Ironwood Group, Inc.,)



City Attorney Fay outlined the three conditions that are included in the

ordinance, which are as follows:



(2) All lighting shall be directed internally using deflectors.

(3) Access to the property shall be restricted to one ingress/ egress

(4) If these properties are not used as multi-family residential within two (2)

years of the adoption of this ordinance, then these properties shall revert

back to a C-3 (General Commercial) zoning district





PROPONENTS & OPPONENTS:



An unidentified gentlemen, in response to Mayor Peters said that he agrees

to those conditions; however, there are three land sellers that they are having

to purchase the property from and said initially they had talked to the land

sellers on some issues which was based on some previous rezoning that the

Council had approved, and that was if they didn?t purchase the property or

close on it by a date certain next winter, then it would revert back. He said

they are a little concern in that their property will sit there with an R-4

zoning for two years. He said if he doesn?t develop this property, they would

like for it to revert back to C-3 so that they can maximize their property for

that area.



He said this was their initial request to the Planning Division, which he

believes was approved; however, the City Attorney had some issues with that

exact language. He said whatever the Council approves, they will go with, but

he did want to mention that at least one of the sellers had this concern.



City Attorney Fay said the legal concern was just tying it to a particular

contract, which may or may not occur. Mayor Pro Tem Rodgers pointed out that we

have done it with the advise of the City Attorney, which is called a

reversionary clause.



City Attorney Fay said generally it is not tied to a particular purchase

or a particular closing and said that was his concern.



Mayor Pro Tem Rodgers then asked the petitioner, if it would satisfy him

that the language read, that it closes or is developed by a certain date, then

if it does not it would revert. City Attorney Fay said if you leave it generic

like that, he wouldn?t have a problem with that, as it would be similar to the

reversionary language.



The gentlemen then asked if they don?t close on the land or develop it, at

which point does that timeframe stop, so he can come back and see that the

reversion does happen, will it be a building permit being pulled by a certain

date or what.



After several minutes of discussion on this matter, Mayor Pro Tem Rodgers

then made a motion stating that if these properties are not used as

multi-family residential within one (1) year of application for a building

permit, then these properties shall revert back to a C-3 (General Commercial)

zoning district. Seconded by Councilor Woodson.



City Manager Cavezza said they are already doing a development along North

Lumpkin Road, and they are attempting to expand that development.

After further discussion on this matter, the question was called on the

motion to amend the ordinance, as stated above, which carried unanimously by

those ten members of Council present for this meeting.

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CITY ATTORNEY?S AGENDA:



THE FOLLOWING ORDINANCE WAS SUMBITTED AND ITS CAPTION READ BY CITY

ATTORNEY FAY AND INTRODUCED ON FIRST READING AND AFTER SEVERAL MINUTES OF

DISCUSSION, ITS FIRST READING WAS DELAYED FOR TWO

WEEKS:





An Ordinance - Amending Section 21-14 of the Columbus Code so as to

increase the membership of the Columbus Taxicab Commission from seven members

to nine members with the two additional members serving at-large.



Councilor Henderson said it appears to him that since the public is the

one served by the taxicab industry it makes eminent good sense to have two

people not affiliated with the industry serving on the authority.



Mr. Wallace Archie, Chairman of the Taxicab Commission said what really is

the rationale behind the additional two members, and said this has not been

discussed with the Commission.



Mayor Peters asked Mr. Archie what is wrong with that rationale?

Mr. Archie stated that there is nothing wrong with it, but said that it has not

been discussed with the Taxicab Commission.



Mayor Peters then pointed out that the Commission follows the direction of

the Council, which sets the policy that you are working under. He said the

Councilor felt like it would be good to have some other citizens on the

Commission rather than just taxicab people.



Councilor Henderson said the response that Mr. Archie has given adds some

credibility to his argument, that there should be some people who actually

utilize the cab services to be on the Commission to help administer and govern

the way those businesses are transacted. He said the Commission is doing a good

job, but said it came to light about a month ago when we were talking about

replacing an individual who is rotating off. He said he thinks there should be

representation, at-large from the general public, the people who utilize the

services on every authority that we have in place.



Mr. Archie said he doesn?t think it is necessary to add two additional

people. He said the reason this came up is because one of the people on the

Commission, who owned a cab company and was on the Commission as a cab company

owner, no longer owns the cab company; and consequently, he would have to

vacate the position.



Councilor Henderson said he doesn?t even know the individual and said it

doesn?t matter to him if he serves another term, but said he thinks that we

need to go back and check to see how many terms of office Mr. John Golden has

served on the Taxicab Commission.



Discussions continued on this ordinance for some twenty minutes with Mr.

Archie expressing his further disagreement with the ordinance, after which

Mayor Peters and several members of the Council addressing those concerns of

Mr. Archie.





After still further discussion on this subject, Councilor Suber then made

a motion that we delay the first reading of this ordinance for two weeks to

allow the Commission and Councilor Henderson to get together to discuss this

issue. Seconded by Councilor McDaniel and carried unanimously by those ten

members of Council present for this meeting.



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

ATTORNEY FAY AND INTRODUCED ON FIRST

READING:





An Ordinance - Regulating vehicular traffic in Columbus Georgia by

deleting from the ?Official Street Map, City of Columbus, Georgia?, the street

segment and right-of-way of Eighteen Street from the east right-of-way line of

Fifth Avenue east to a point 342 feet west of the west right-of-way line of

Tenth Avenue; by deleting the street segment and right-of-way of Sixth Avenue

from the north right-of-way line of Seventeenth Street north to the south

right-of-way line of Eighteenth Street; reserving utility easements;

authorizing the disposal of said street segments; and for other purposes.

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CITY MANAGER?S AGENDA:



AT THE REQUEST OF COUNCILOR HUNTER, THE FOLLOWING RESOLUTION WAS CALLED UP

AS THE NEXT ORDER OF BUSINESS AND APPROVED BY THE COUNCIL AFTER BEING EXPLAINED

BY CITY MANAGER

CAVEZZA:





A Resolution (140-02) - Amending Resolution Number 168-00, which provides

for support of the redevelopment of The Robin?s Trace Apartments (FKA Traffic

Gardens). Councilor Hunter moved its adoption. Seconded by Mayor Pro Tem

Rodgers and carried unanimously by those nine members of Council present at the

time, with Councilor McDaniel being absent for this vote.

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NOTE: The City Manager?s Agenda is continued below.



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PUBLIC AGENDA:



MR. JACK WRIGHT, RE: WAIVER OF TAX PENALTY:



Mr. Wright said he provided the Clerk of Council with some additional

information since the last Council meeting. He said he provided the minutes

from the Board of Tax Assessors, where he met with them and said that it stated

that they said the first bill that he received was incorrect due to a clerical

error. He said he went ahead and paid the tax when they said they had the right

to go back and change it.



Mayor Peters said that Ms. Huff said that they did make a clerical error,

but she sent you out a new notice.



Mr. Wright said he wrote Ms. Huff a letter regarding the clerical error

and said that the letter, which she wrote to him, she said there was an

assessment change causing the local assessed value to increase, but said that

is wrong. He said the minutes state that they made a clerical error and said he

paid the tax, but she returned it.



Councilor Smith said if we look at the State law as it relates to the

waiver of penalties due to unpaid taxes said it states that when the Tax

Commissioner reasonably determines that the default given rise to the penalty

was due to a reasonable cause and not due to gross or willful neglect, and said

he don?t think we can say that it was gross or willful neglect; so, he is going

to recommend that we not require the penalty to be paid.



City Manager Cavezza said Tax Commissioner Huff could not be here tonight,

but she forwarded the information to the Council.



Councilor Smith then made a motion to waive the penalty.



After still further discussion on this subject, with several members of

the Council expressing their views on this issue, Councilor Woodson then

seconded Councilor Smith?s motion. The question was then called on the motion,

which resulted in a five to five tie vote. Voting for the motion was Councilors

Henderson, Woodson, Poydasheff, McDaniel and Smith. Voting against the motion

was Councilors Turner Pugh, Suber, Allen, Rodgers and Hunter. Mayor Peters then

broke the 5 -5 tie vote, by voting against the motion, making it a 6-5 vote.



Mr. Wright then asked what does he need to do to appeal the Council?s

decision, to which he was informed that he could appeal to the Courts. City

Attorney Fay said there is a statute that requires Court action to contest what

the Council does on a refund request.



Mayor Peters said if Ms. Huff had said it was an error, he thinks that we

all would support that, but said she didn?t say that.



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CSM (Ret.) ROBERT MCCOY, RE: TO EXTEND AN

INVITATION:



CSM (Ret.) Robert McCoy appeared and distributed an invitation to Mayor

Peters and members of the Council to attend the 227th Army Birthday Ball, which

will be held at the Convention & Trade Center on June 14, 2002 at 7:00 p.m.



He said on last year they had approximately 420 individuals present for

that event and said this year they are preparing for 700 - 800 individuals to

participate in this event. He said they would like for the Mayor and Council to

come out and join them.



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ATTORNEY WILLIAM J. MASON, RE: NON-RENEWAL OF AN ALCOHOLIC BEVERAGE

LICENSE OF THE SALOON & OYSTER

BAR:





Attorney William J. Mason said they are here pursuant to the City

ordinance allowing the Council to make the final determination on a

recommendation for non-renewal of an alcoholic beverage license.



He then introduced Mr. Jeff Jackson, who is the license holder and owner

of the Saloon & Oyster Bar, located on Macon Road, next to Crystal Valley. He

said Mr. Jackson has owned the business since March of last year. He said it is

a conditional location, which means they have to serve 50% food to be open.



Mr. Mason said Mr. Jackson was audited first in August and received no

reply and then got a letter in the middle of March, auditing him for all the

entire year of 2001, alleging that he did not meet the 50% requirements. He

said they are here today to show that the City?s numbers are not correct and he

in fact, did meet the 50% requirements.



Mayor Peters then asked Mr. Mason who did Mr. Jackson?s audit, which shows

he does meet the 50% requirements? Mr. Mason said Mr. Jackson turned the

figures over to the City. He said Mr. Jackson keeps up with them on a daily

basis, as to how much food and alcohol and compiles it into a monthly statement

and turns his monthly statements over to the City.



Mr. Jackson said he is saying that their percentage is 59% food and 41%

alcohol. He said they are buying more food than alcohol, according to their

receipts.



Director of Finance Kay Love said they did use Mr. Jackson?s figures and

came up with 47% food and 53% alcohol. She said her staff has sat down with Mr.

Mason and his client on this matter; however, she was not present at that

meeting.



Mr. Mason said it is obvious that the City didn?t use Mr. Jackson?s

figures and said that he can show you what the City did. He then distributed

copies of the audit that the City performed around the Council table. (A copy

was not filed with the Clerk of Council, for the Council?s records.)



Ms. Love pointed out to City Attorney Fay that they need to waive

confidentiality because there are sales figures and items that are listed on

the information that are not a matter of public records. City Attorney Fay then

asked Mr. Mason, if they waiver that confidentiality?



Mr. Mason said they don?t think that there is any confidentiality, he said

they are handing them out, so it?s okay.



Mayor Peters said we are not in the business of trying to put anyone out

of business and said this is a very nice place, which is in a good location and

away from all neighborhoods. He said this 50/50 rule is in the law; so, you

have to try to follow it.



Councilor Poydasheff said he didn?t hear a waiver, and would like to have

that for the record.



City Attorney Fay said to the extent that this is confidential income

expense information, once again asked Mr. Mason, if they waived

confidentiality. Mr. Mason said that they did.



Mr. Mason then went into some details, using what he referred to as Work

Sheet Number Three, outlined what he said are the problems.

He said the way the City conducted their audit, this is called inputted alcohol

revenue. He said they have not counted the alcohol sold, but said what they

have done is gone to the wholesalers and looked at the amount of beer and

alcohol that was sold wholesale to the business. He said they then came up with

a mark up percentage and multiplied that by the wholesale and input to the

business that much sales.



He said they don?t dispute the Licensing Division?s figure on the alcohol,

as it is almost within 2% of being correct. He said the mistake that they have

made is in the beer computation. He said the mistake that they made is not

discussing with Mr. Jackson other things that happened in the business that

affect the bottom line alcohol sales.



Mr. Mason said they didn?t discuss anything with his client until they

sent him a letter in March of this year, and told him that he was non-renewed

and to stop selling alcohol.



He said they then came up with a selling price of a domestic beer and said

these figures are wrong, as that is not what they sell a domestic beer for. He

said the selling price for an import beer is wrong, he said the wholesale cost

of a keg of beer is also wrong.



Mayor Peters then asked that we delay this matter for one week, and said

your client won?t be out of business, and allow you to sit down with

Mr. Love and look at the figures.



City Manager Cavezza asked that we hear from the staff, because he doesn?t

think that delaying it one week would make any difference.



Mr. Jackson then responded to questions of the Council. He said they

didn?t allow for any spillage for beer, which they did on alcohol. He said he

is not disputing their methods, but he is disputing the numbers they used to

get their methods.



Mr. Mason said the major problem is listed on Work Sheet Number Two, which

shows $39,568 in beer purchase, which is almost correct; but then they apply a

359% markup to that, and that is how they arrive at their inputted beer sales.

He said this is why that is wrong. He said his client sells less than 2% import

beer, but they have weighed that 33% of his sales.

Councilor Poydasheff said he would like to hear from the staff.



Ms. Love, Director of Finance said the cash register tapes doesn?t

indicate the amount of beer that Mr. Jackson says he sells them for. She said

in the advertised beer prices there is nothing less than $2.50. She said this

is the information that was provided to them.



She said if they wait two weeks or four weeks, the results of their audit

won?t change based on the methods that they used, even though the percentages

of the amounts that he sells may be different, because they used actual cash

register tapes.



Ms. Love then responded to several questions of Mayor Peters and members

of the Council.



After more than one and a half hour of discussion on this matter, with

Ms. Love and members of her staff responding to further questions of members of

the Council, as well as Mr. Jackson and Mr. Mason responding to questions of

the Council, and City Manager Cavezza also responded to some concerns of the

Council; and Mr. Mason continuing his presentation in presenting his client?s

case, Councilor McDaniel then made a motion to grant sixty (60) days to allow

Mr. Mason and his client to get together and work

with the Licensing Division to go over the numbers again to see if they meet

the requirements. Seconded by Councilor Poydasheff, which resulted in an

inconclusive vote of 4 - 6. Voting for the motion was Councilors Henderson,

McDaniel, Poydasheff and Woodson. Voting against the motion was Councilors

Allen, Hunter, Turner Pugh, Smith, Suber and Mayor Pro Tem Rodgers.



Mr. Mason then asked that Council take a vote on whether or not to renew

Mr. Jackson?s license. Mayor Peters then asked what was the pleasure of the

Council in this regard, Councilor Suber then made a motion to uphold the

recommendation of the Finance Director. Seconded by Councilor Smith, which

carried by a vote of 8-2, with Councilors McDaniel and Woodson voting no and

all other eight councilors present voting yes.

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CITY MANAGER?S AGENDA CONTINUED:



THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY MANAGER

CAVEZZA AND ADOPTED BY THE

COUNCIL:





A Resolution (141-02) - Authorizing the City Manager to fund a grant of

$35,500 to Columbus for Kids, Inc., from the Crime Victim surcharge to purchase

an image quest colposcope and two computers to be used in the sane nurse

program to examine children who have been abused and increase the crime victim

witness budget from $258,823 to $294,323. Councilor Poydasheff moved its

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

members of Council present for this meeting.



*** *** ***



THE FOLLOWING TWELVE 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 POYDASHEFF AND SECONDED BY COUNCILOR

SUBER, WHICH CARRIED UNANIMOUSLY BY THOSE TEN MEMBERS OF COUNCIL PRESENT FOR

THIS

MEETING:





A Resolution (142-02) - Authorizing the execution of a construction

contract with Mid-Georgia Contracting, in the amount of $11,500.00.



A Resolution (143-02) - Authorizing the purchase of pool chemicals on an

?as needed basis? from Industrial Chemicals, Inc., for the estimated annual

Contract value of $40,480.00.



A Resolution (144-02) - Authorizing the payment for the annual maintenance

agreement for the digital recording system in the 911 Center from the

Dictaphone Corporation in the amount of $27,824.



A Resolution (145-02) - Authorizing the purchase of a F350 cab and

chassis via Georgia SWC S-000627, from Southlake Ford, in the amount of

$26,036.00.



A Resolution (146-02) - Authorizing the declaration of two fire trucks

(Engine #18 and Engine #19), as surplus equipment in accordance with Section

7-501 of the Charter of the Columbus Consolidated Government.



A Resolution (147-02) - Authorizing the purchase of watershed

fertilization services from Burt Fertilizer for the estimated annual contract

value of $6,607.96.



A Resolution (148-02) - Authorizing the execution of a contract with

Property Inspections Group to provide inspection services for rehabilitative

housing on an ?as needed basis?.



A Resolution (149-02) - Authorizing the purchase of one (1) fixed and

one (1) portable compressed breathing air cascade system from Harless Fire

Equipment.



A Resolution (150-02) - Authorizing the execution of a contract for

Vending Services with Columbus Trophy and Screen Printing.



A Resolution (151-02) - Authorizing payment to Georgia Power Company for

lighting services in the amount of $32,200.00 for the installation of 23

decorative cast aluminum poles around the perimeter of the River Center,

$15,343.75 for parking lot lighting at the Northside Recreation Center and

$17,402.50 for parking lot lighting at the Benning Recreation Center.



A Resolution (152-02) - Authorizing execution of a contract with William

M. Mercer, Inc., to provide consulting services for the City?s employee/Retiree

benefits programs.



A Resolution (153-02) - Authorizing the purchase of a custom software

application from 3X Corporation of Atlanta.



*** *** ***



UPCOMING EVENTS:



City Manager Cavezza highlighted several events that will be going on

throughout the week, as outlined below:



April 3rd ? Public meeting to discuss parking meters, in the Council

Chambers, at 6:00 p,m., at the Government Center.



Environmental Court - City Manager Cavezza said they will be bringing the

proposal to the Council in a few weeks.



April 16th - Mayor?s Prayer Breakfast, 7:30 a.m.



April 17th - 2:00 p.m., Groundbreaking for the Liberty Theater Cultural

Center Annex.



*** *** ***



HOME LOAN PROGRAM:



City Manager Cavezza said we are running low on money on the Home Program.

He said we only have money for a few loans and said we have contacted the

lenders and asked them to call us before they approve a loan.



Mayor Peters said there was a question in the audit report about the Home

Loan Program and then asked City Manager Cavezza to put some information in the

Council?s Agenda Packet, as to what are the thresholds as the guidelines have

changed and said we have been asking what are the new guidelines.



Councilor Suber asked if this is the first year that we have used that

money, because we have had some difficulty in utilizing all the home loans

because some of the homeowners were not coming forward and we were considering

moving it over to some of the business people for apartments.



City Manager Cavezza said we made over 120 loans. Mayor Peters said we

took less money toward the property and shifted it back to the home program

because of all the demand; and then there was the issue of about qualifying for

the $5,000, and the allocation for salaries had changed, and HUD said there

were different guidelines. He said he thinks the mortgage people need a copy of

it.



City Manager Cavezza said he would provide that information to the Mayor

and Council.

-------------------------------------------*** ***

***------------------------------------

CLERK OF COUNCIL?S AGENDA:



THE FOLLOWING ITEMS WERE SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR AND COUNCIL:



(1) Memorandum from ACCG, Re: 2002 NACO Annual Meeting - Orleans

County, New Orleans, Louisiana on July 12 - 17, 2002.



(2) Biographical sketch of David Hay, nominee for Susan Anderson?s

at-Large position on the Keep Columbus Beautiful Commission.



*** *** ***



THE FOLLOWING TEMPORARY STREET CLOSING APPLICATION WAS SUBMITTED BY CLERK

OF COUNCIL WASHINGTON AND APPROVED BY THE

COUNCIL:





Application of Rev. J. H. Flakes, Jr. for a temporary street closure for

5th

Street between 2nd Avenue and 3rd Avenue, on April 13, 2002, from 1:30 p.m. to

5:30 p.m. in connection with a ?Church Carnival?.



Councilor Poydasheff moved its approval. Seconded by Mayor Pro Rodgers and

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



*** *** ***



KEEP COLUMBUS BEAUTIFUL COMMISSION:



Clerk of Council Washington submitted a letter from Ms. Jenny Collins

resigning from her position on the Keep Columbus Beautiful Commission.

Councilor Poydasheff moved that the letter be received with regrets and thanks

for service. Seconded by Mayor Pro Tem Rodgers and carried unanimously by those

ten members of Council present for this meeting.



*** *** ***



MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND OFFICIALLY RECEIVED BY THE COUNCIL:



Board of Tax Assessors, Number 10 .

Building Contractors Examining Board, February 7, 2002.

Council Briefing, January 8, 2002.

Department of Family and Children Services, March 20, 2002.

Elections and Registrations, Board of, February 12, 2002.

Health, Board of, February 27, 2002.

Historic and Architectural Review Board, February 11, 2002.

Historic and Architectural Review Board, February 21, 2002.

Housing Authority, Board of, February 20, 2002.

New Horizons Community Service Board, March 11, 2002.

Personnel Review Board, March 20, 2002.

Planning Advisory Commission, December 5, 2001.

Planning Advisory Commission, January 16, 2002.

Planning Advisory Commission, February 6, 2002.

Planning Advisory Commission, March 6, 2002.

Uptown Fa?ade, Board of, February 18, 2002.



Councilor Woodson made a motion that these minutes be received. Seconded

by Councilor Poydasheff and carried unanimously by those ten members of Council

present for this meeting.



*** *** ***



THE FOLLOWING TWO NEW ZONING PETITIONS WERE SUBMITTED BY CLERK OF

COUNCIL WASHINGTON AND AN ORDINANCE WAS CALLED FOR BY MAYOR PRO TEM

RODGERS:



Petition submitted by Aaron Oney to rezone approximately 5.98

total acres of property located at 1741, 1729, 1721, 1715, 1711, 1707 & 1703

Elvan Avenue from an R-2 District to an R-4 District. (Recommended for

conditional approval by both the Planning Division and the Planning Advisory

Commission.) (14-CA-02- Oney)



Petition submitted by the Planning Division to amend the text of the

zoning ordinance to create a new zoning classification. The new Zone, A-2

(Rural Residential) would serve as an intermediary zone between R-1 (Low

Density Residential) and A-1 (Agriculture). (Recommended for conditional

approval by the Planning Advisory Commission and approval by the Planning

Division.) (15-A-02-Planning Div.)



*** *** ***



ANIMAL CONTROL ADVISORY BOARD:



Clerk of Council Washington pointed out that the Chattahoochee Valley

Veterinarian Association is nominating Dr. John Blosie to succeed Dr. Lamar

Parmer on the Animal Control Advisory Board. Councilor Poydasheff made a motion

to confirm Dr. John Blosie. Seconded by Councilor Woodson and carried

unanimously by those ten members of Council present.



*** *** ***



BUILDING AUTHORITY OF COLUMBUS:



Clerk of Council Washington pointed on that Councilor Henderson is

nominating Mr. Donald Gates to succeed Ms. Sally Lassiter on the Building

Authority of Columbus. Councilor Poydasheff made a motion to confirm Mr. Donald

Gates. Seconded by Councilor Allen and carried unanimously by those ten members

of Council present for this meeting.



*** *** ***



CIVIC CENTER ADVISORY BOARD:



Clerk of Council Washington said we still need a nominee for Council

District Five. Mayor Pro Tem Rodgers then nominated Mr. Gene Terry Hattaway.

Councilor McDaniel made a motion that Mr. Hattaway be confirmed. Seconded by

Councilor Poydasheff and carried unanimously by those ten members of Council

present for this meeting.



*** *** ***



C.I.R.C.L.E.:



Clerk of Council Washington pointed out that the terms of office of

Ms. Tonya Douglas, Ms. Ann Henderson and Ms. Stacy Poydasheff on C.I.R.C.L.E.

expired on March 1, 2002 and that all three are eligible to succeed

themselves. Councilor Poydasheff then made a motion that Ms. Douglas and Ms.

Henderson be appointed to succeed themselves for another term of office.

Seconded by Councilor Suber and carried unanimously by those ten members of

Council present for this meeting.



Mayor Peters then renominated Ms. Stacy Poydasheff for another term of

office. She was also confirmed in the motion made earlier by Councilor

Poydasheff. Seconded by Councilor Suber and carried unanimously by those ten

members of Council present for this meeting.



*** *** ***



COMMUNITY DEVELOPMENT ADVISORY COUNCIL:



Clerk of Council Washington pointed out that the terms of office of

Mr. Douglas Bryant, Mr. Timothy Johnson, Mr. Gary Allen Jones,

Ms. Floretta Thornton-Reid, Ms. Gloria Weston-Smart, Ms. Leigh Stewart, Mr.

William Flewellen, Mr. Homer Kuhl, Ms. Mary Crawford, and

Ms. Clementine Stephen on the Community Development Advisory Council expired on

March 27, 2002. She pointed out that Mr. William Flewellen,

Mr. Homer Kuhl, Ms. Mary Crawford and Ms. Clementine Stephens are not eligible

to succeed themselves. She also pointed out that Ms. Gloria Weston-Smart does

not wish to serve again.



Councilor Suber nominated Mr. Douglas Bryant and Mr. Timothy Johnson to

succeed themselves for another term of office. Councilor Smith nominated Ms.

Leticia Towns to succeed Ms. Gloria Weston-Smart. Councilor McDaniel nominated

Ms. Leigh Stewart to succeed herself for another term of office.



Clerk of Council Washington pointed out that the only individuals who are

not eligible to succeed themselves are Mr. William Flewellen, Council District

One, Mr. Homer Kuhl, Council District Five, Ms. Mary Crawford, Council District

Three and Ms. Clementine Stephens, Council District Two. She said these four

councilors would need to nominate someone from their respective Council

Districts. All other individuals who were eligible to serve were re-nominated

by Mayor Pro Tem Rodgers to succeed themselves.



*** *** ***



EMERGENCY MANAGEMENT ADVISORY BOARD:



Clerk of Council Washington pointed out that the Council still needs to

nominate someone to fill the seat of Mr. David Grindle, who is no longer a

resident of Muscogee County. There was no nomination made.



*** *** ***



HISTORIC & ARCHITECTURAL REVIEW BOARD:



Clerk of Council Washington pointed out that Mr. Richard Coss has resigned

from this board and that he served as a historic resident member, and this is a

Council appointment. Councilor Smith nominated Mr. Charles Andrew Hidle for

this seat.



*** *** ***

HOSPITAL AUTHORITY:



Clerk of Council Washington pointed out that the Hospital Authority is

asking for three additional nominees for Glenn Fussell and Charles McDaniel?s

positions. She said they do not wish to be reappointed to this board.



She said that Ms. Nancy Rinn has been nominated for Mr. Charles McDaniel?s

seat. Councilor Suber said there are some individuals who have expressed an

interest in serving on this board. He then nominated Rev. Ralph Huling, Mr.

Douglas Scott and Ms. Karon Greyer for Mr. Glenn Fussell?s position. (It was

later brought to Clerk of Council Washington?s attention that Ms. Greyer is no

longer a resident of Muscogee County; therefore she cannot be nominated).



Clerk of Council Washington said we also need two additional nominees for

Mr. Charles McDaniel?s seat.



*** *** ***





PLANNING ADVISORY COMMISSION:



Clerk of Council Washington pointed out that the term of office of

Ms. Sharon Jamison on the Planning Advisory Commission expired on March 31,

2002 and that she is eligible to succeed herself for another term of office.

Councilor Allen then nominated Ms. Jamison for another term and moved that she

be confirmed. Seconded by Councilor Suber and carried unanimously by those ten

members of Council present for this meeting.



*** *** ***



EMPLOYEES PENSION BOARDS OF TRUSTEES:



Clerk of Council Washington pointed out that the Council has added one new

position to the Employees Pension Boards of Trustees. She said this position

must be filled with someone from the business community and said this is the

Mayor?s appointment. (See below for additional information)



*** *** ***



RECREATION ADVISORY BOARD:



Clerk of Council Washington pointed out that the term of office of

Mr. Michael Barnett on the Recreation Advisory Board expired on February 28,

2002 and that he is not eligible to succeed himself. She said Mr. Barnett

served as Council District 10 At-large representative. There was no nomination

made.



*** *** ***



TAXICAB COMMISSION:



Clerk of Council Washington pointed out that Mr. John Golden?s position on

the Taxicab Commission is vacant, due to Mr. Golden no longer being the owner

of a Taxicab Company, as he has sold his business. Councilor Suber said he and

Councilor Woodson would like to nominate Mr. James Brooks. He said Mr. Brooks

owns Airborne Taxi Company.



*** *** ***





EMPLOYEES PENSION BOARDS OF TRUSTEES:



Referring back to this subject, Mayor Peters said he would like to

nominate Mr. Morton Harris for this new position. Mayor Pro Tem Rodgers then

made a motion that Mr. Harris be confirmed. Seconded by Councilor Poydasheff

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

meeting.



*** *** ***



TAXICAB COMMISSION:



Councilor Henderson nominated Ms. Diane Quick for Mr. John Golden?s

position on the Taxicab Commission as well. He said she is part owner of Yellow

Cab.

*** *** ***



BOARD OF ZONING APPEALS:



Clerk of Council Washington pointed out that the term of office of

Mr. Johnny Cargill on the Board of Zoning Appeals will expire on March 31, 2002

and that he is not eligible to succeed himself. She pointed out that Councilor

McDaniel is nominating Mr. Billy Edwards to succeed Mr. Cargill for this

position.



*** *** ***



Mayor Peters asked if there was anyone present in the audience who had an

issue to bring before the Council, they could be heard at this time. There was

no one who wanted to be heard.



*** *** ***



ENVIRONMENTAL COURT:



Councilor Henderson said there was some suggested changes submitted by

Dick McKee, Director of Public Services, and said he doesn?t have any problems

with any of them, but said under Section 5-10 ?, the Leash law, he would

suggest that we change the following wording, which states taken off the owners

property and not confined by fence, change the word ?and? to ?or?. He said as

it is written, they can be running loose on the owner?s property and not be

subject to the Leash law. He said he would like for the City Attorney to look

at changing that wording.



Mayor Peters asked if they should be subject to the Leash Law on their own

property. Councilor Henderson said he doesn?t mean in the yard in the fence,

but said it says in the yard and not confined.



*** *** ***



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

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

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

with the time being 9:40 P. M.



*** *** ***



Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia