Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

MAY 31, 2005





The regular weekly meeting of the Council of Columbus, Georgia was called

to order at 9:00 A.M., Tuesday, May 31, 2005, on the Plaza Level of the

Government Center, Columbus, Georgia. Honorable Robert S. Poydasheff, Mayor and

Honorable John J. Rodgers, Mayor Pro Tem presiding.



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

Councilors R. Gary Allen, Wayne Anthony, Glenn Davis, Berry Henderson, Julius

H. Hunter, Jr., Charles E. McDaniel, Jr., Nathan Suber and Evelyn Woodson. City

Manager Isaiah Hugley, City Attorney Clifton Fay, Clerk of Council Tiny B.

Washington and Deputy Clerk of Council Sandra Davis were also present.

Councilor Evelyn Turner Pugh arrived at 9:25 a.m.



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ABSENT: No one was absent.



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INVOCATION: Offered by Reverend Edward Kvickus ? Rose Hill Baptist Church.

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PLEDGE OF ALLEGIANCE: Led by Mayor Poydasheff.



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PROCLAMATIONS:



?HEALTH COMMUNITY DAY?:



With Mrs. Lisa Goodwin standing at the Council table, Councilor McDaniel

read the proclamation of Mayor Poydasheff, proclaiming Columbus as a Step Up to

Community Health Day? in Columbus, Georgia.

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ZONING PUBLIC HEARINGS:



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

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PUBLIC AGENDA:



At the request of Mayor Poydasheff, Dr. & Mrs. Tidwell, representing the

Tidwell Cancer Foundation, came forward and went into some details outlining a

program that they, the Tidwell Cancer Foundation, along with the Muscogee

County School District will be implementing in the School District with third

grade students.



Mrs. Tidwell then went into more details in outlining what the program

TRRFCC (Trustworthy Respecting, Responsible, Fair and Caring Citizens Kids)

Tobacco Free Program is all about.

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

CLERK OF COUNCIL?S AGENDA:



THE FOLLOWING ZONING PETITION, RECOMMENDED FOR CONDITIONAL APPROVAL BY THE

PLANNING ADVISORY COMMISSION AND DENIAL BY THE PLANNING DIVISION WAS SUBMITTED

AT THIS TIME AND AN ORDINANCE AND PUBLIC HEARING WAS CALLED FOR BY COUNCILOR

MCDANIEL:______



At the request of Councilor McDaniel, action was taken on the following

item that was listed on the Clerk of Council?s Agenda. He said Mr. Milner and

Mr. Harrelson are present here this morning and said because we have such a

long agenda, he is going to go ahead and call for the ordinance and public

hearing on this zoning petition that was recommended for conditional approval

by the Planning Advisory Commission and denial by the Planning Division so they

won?t have to sit through this meeting.



Petition submitted by Rodney Milner and Billy Harrelson to rezone

approximately 1.4 acres of property located at 1267 Alta Vista Road from a SFR2

(Single Family Residential 2) and GC (General Commercial to CO

(Commercial-Office). (Recommended for conditional approval by the Planning

Advisory Commission and denial by the Planning Division.) (29-D-05-Milner /

Harrelson)



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NOTE: The Clerk of Council?s Agenda is continued below.



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CITY ATTORNEY?S AGENDA:



THE FOLLOWING THREE RESOLUTIONS EXPRESSING APPRECIATION TO THOSE EMPLOYEES

WHO HAVE RECENTLY RETIRED FROM THE SERVICES OF THE CONSOLIDATED 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

MAYOR PRO TEM RODGERS AND SECONDED BY COUNCILOR SUBER AND CARRIED UNANIMOUSLY

BY THOSE TEN MEMBERS OF COUNCIL PRESENT FOR THIS

MEETING:__________________________________





A Resolution (284-05) - Expressing appreciation to Mr. Charles D.

Deese upon his retirement with the CPD/Investigative Services Department after

26 years of service.



A Resolution (285-05) - Expressing appreciation to Mr. Jesse

Thornton upon his retirement with the CPD/Investigative Services Department

after 32 years of service.



A Resolution (286-05) - Expressing appreciation to Mr. Harry J. Turner

upon his retirement with the CPD/Support Service Department after 29 years of

service.



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THE FOLLOWING TWO RESOLUTIONS EXPRESSING CONDOLENCES TO THE FAMILY OF

THOSE FORMER EMPLOYEES OF THE CONSOLIDATED GOVERNMENT 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 MAYOR PRO TEM RODGERS AND SECONDED BY COUNCILOR MCDANIEL AND CARRIED

UNANIMOUSLY BY THOSE NINE MEMBERS OF COUNCIL PRESENT AT THE TIME WITH COUNCILOR

HENDERSON BEING ABSENT FOR THIS VOTE:



A Resolution (287-05) - Conveying condolences to the family of Mr. Fred D.

McCollum, former employee with the Property Appraisers Department, who passed

away on April 13, 2005.



A Resolution (288-05) - Conveying condolences to the family of

Mrs. Jewel M. Peters former employee with the Columbus Police

Department, who passed away on April 19, 2005.

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



MINUTES: Minutes of the May 10 & 17, 2005 Council Meetings of the Council of

the Consolidated Government of Columbus, Georgia were submitted and approved

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

Councilor Turner Pugh, which carried unanimously by those ten members of

Council present for this meeting.

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

CITY ATTORNEY?S AGENDA:



THE FOLLOWING ORDINANCE WAS SUBMITTED AND

EXPLAINED BY ASSISTANT CITY ATTORNEY DELOACH AND DELAYED BY THE COUNCIL ON

SECOND READING AT THE REQUEST OF COUNCILOR DAVIS:________________________



An Ordinance - Rezoning property located at 7100 Britton Road from an R-1

(Low Density Residential) District to an R-2 (Low Density Residential)

District. (21-CA-05-Ray M. Wright, Inc.)



Councilor Davis said this ordinance is on second reading; however, he

would like to ask for permission to open this matter up for discussion.

Councilor Suber so moved. Seconded by Councilor Woodson and carried unanimously

by those ten members of Council present for this meeting.



Councilor Davis then asked if Mr. McKennon was present in the audience

here this morning. City Manager Hugley said Mr. McKennon is not present at the

moment, but he has called and said he is in route to the meeting.



Councilor Davis then asked that the matter be delayed until such time as

Mr. McKenna is present in the Council Chambers. (See below for further

discussion on this Subject)



*** *** ***



THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY

AND INTRODUCED ON FIRST

READING:_____________________________________



An Ordinance - Amending Columbus Code Section 11-18 so as to

require permits for the sale of non-explosive sparklers and other

items legalized by O.C.G.A. Section 25-10-1; requiring a payment of an annual

$50.00 permit fee to the Fire Prevention Division; and for other purposes.



Councilor Turner Pugh asked who came up with the fee proposal on

this ordinance. She said she wanted to know why the fee is only

$50.00 because that seems awfully small.



City Attorney Fay said it is the Council?s discretion as to what the

fee amount can be; but said this is what was sent over as the

recommendation by the Fire Department.



City Manager Hugley said the Fire Chief is not present this morning

and said this is something that would have come from them. He said if

there is some unreadiness, he would ask that the City Attorney delay

this matter until we can get the Chief here to answer some questions.



Mayor Poydasheff said let?s delay it. City Attorney Fay said delay it

one week. (There was no action of the Council to delay this

ordinance.) (See below for further discussion.)



*** *** ***



THE FOLLOWING ORDINANCE WAS WITHDRAWN, AT THE

REQUEST OF MAYOR

POYDASHEFF:______________________





An Ordinance - Changing the name of the Columbus Fire and

Emergency Medical Services Department to Columbus Fire

Department; and for other purposes.



City Attorney Fay said this ordinance would be delayed indefinitely.



*** *** ***



THE FOLLOWING ORDINANCE WAS SUBMITTED AND

EXPLAINED BY CITY ATTORNEY FAY AND INTRODUCED ON

FIRST

READING:_____________________________________





An Ordinance - Amending Section 3-7(c) of the Columbus Code so

as to grandfather persons holding valid employee identification cards

prior to January 6, 2004 for renewal purposes only; and for other

purposes.



Councilor Woodson said she has several questions regarding this ordinance.

She said she wants to know more about this; why we are trying to change this

ordinance when we put it in place for a specific reason. She said there was

such controversy in the first place and why are we addressing it when she

hasn?t heard any complaints

whatsoever in reference to this. She said she needs a briefing on this before

she can take any action on this matter.



Councilor Henderson said Captain J. D. Hawk of the Columbus Police

Department is present and said he would like to bring them up to address this

issue, if there are no objections. He said before he even thought about

sponsoring this amendment, he conferred with the folks at the Police Department

to make sure that this was not opening some can of worms. He then asked that

they are allowed to be heard.



Councilor Turner Pugh said she has received some complaints in this

regard. She said there was a single parent who had the card for five years and

when she went back to renew it this time; they would not renew it because of

this ordinance.



Captain J. D. Hawk of the Columbus Police Department said they have asked

Councilor Henderson to sponsor this ordinance. He said it is based on problems

they have detected and also because of complaints some Council members have

received. He said people have been validly working under the old ordinance and

said when the Council upgraded the ordinance and extended the prohibition going

back years, they found out that it?s putting quite a few people out of work. He

said it is their opinion that, we didn?t think that the Council intended to put

those who had a valid job, and with the change of this ordinance and those who

had no new offenses or violation, to put them out of work. He said this is why

they have asked Councilor Henderson to sponsor this ordinance.



He said there are quite a few people that with this ordinance change,

going from five to ten years; have put many people out of work.



Several members of the Council expressed their views on this matter, with

Captain Hawk responding to many questions of the members of the Council.



Captain Hawk said this ordinance change would only grandfather those who

are validly working. He said if there are any new applicants who have offenses,

it would be caught by the ordinance.



City Attorney Fay said this amendment applies to those individuals who had

a valid card prior to January 6, 2004. He said this is the date that the new

restrictions went into effect.



Councilor Woodson asked Captain Hawk to give her a call, because she would

like to discus this matter further, as she is not comfortable with this.



Mayor Poydasheff asked that we put this on hold. Mayor Pro Tem Rodgers

pointed out that the ordinance is just on first reading.



After further discussion on this matter, Mayor Poydasheff said since there

are a lot questions surrounding this ordinance, let?s continue it on first

reading and have a Council Briefing on next week, so that we can get those

questions answered that the Council members have.



Mayor Pro Tem Rodgers then made a motion to continue the first reading of

the ordinance. Seconded by Councilor Allen.



Councilor Henderson said he would have to register a no vote to delay this

ordinance, because after conferring with the Police Department about something

of this nature; whereby it is impacting the people right now. He said every day

that passes these people are out of work, and if they don?t work, they don?t

make money.



He said when we first discussed the possibility of bringing an amendment;

he specifically asked if this was just for one person. He said his question

was, how does this impact the other people who are currently licensed and who

else might be covered by this amendment. He said after discussing it with the

Police Department, he was satisfied that what we had done inadvertently, which

sometimes happen, through good intentions, is we had created a gap; where

people we didn?t intend to capture, fell in.



After further discussion on this issue, Mayor Poydasheff pointed out that

we are going to need a show of hands on this question.



Prior to the question of the motion being called, Councilor Turner Pugh

said she would ask the Council, if they would be in favor of keeping the

ordinance on first reading so that it can be on second reading next week and if

there are any dramatic changes, we can do it then.



Mayor Pro Tem Rodgers then withdrew his motion for a one-week delay.



Mayor Poydasheff then pointed out that the ordinance would remain on

second reading.



Councilor Allen then asked Captain Hawk, if the person that was calling

the Council members, if she is not able to work now, to which he said she is

not. Captain Hawk said the lady should be present here at the Council meeting

today. He said as mentioned by Councilor Henderson, we are not doing this for

one person. He said when she brought it to his attention he was informed of how

many other people were losing for other offenses.



Captain Hawk responded to several questions of members of the Council.



Councilor Davis said he would like some information as to why the

ordinance was established in the first place and what was the intent of it.



After more than thirty minutes of discussion on this matter, the matter

was concluded.

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

PLEDGE OF ALLEGIANCE: With the young people from the South

Columbus Boys Club now being present in the Council Chambers, the

Pledge of Allegiance was again recited.

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



WITH MR. ROBERT MCKENNA NOW PRESENT IN THE COUNCL CHAMBERS, THE FOLLOWING

ORDINANCE WAS AGAIN CALLED UP FOR DISCUSSION AND AFTER AN HOUR OF DISCUSSION

WAS AGAIN DELAYED FOR ONE WEEK BY THE COUNCIL: _____







An Ordinance - Rezoning property located at 7100 Britton Road

from an R-1 (Low Density Residential) District to an R-2 (Low Density

Residential) District. (21-CA-05-Ray M. Wright, Inc.)



Councilor Davis said two weeks ago, Council gave him the charge of getting

together with the neighborhood residents and the petitioner to see if they

could find a reasonable request that both parties could live with. He said it

was his responsibility to see to it that an agreement could be reached.



He said the residents of the area have agreed to a proposal and they are

willing to accept an R-1A zoning with the same amount of lots, 137 lots or

less. He said he and Mr. McKenna had talked about this and he was supposed to

get back with him after talking with his client, but said he hasn?t heard

anything back from him.



Councilor Davis said he is somewhat disappointed because he feels like his

client wasn?t willing to work with residents who live in the area to find a

workable agreement. He said he couldn?t understand his client?s position on

this rezoning request; which makes him feel a little uncomfortable that

something is not right here. He said he believes the residents have bent over

backwards to try to preserve their neighborhood and surrounding area and have

found a willing solution

that is in the best interest of both parties involved; which in his opinion

have been disregarded.



Mr. McKennon said their concerns have not been disregarded at all and said

what you have offered is R-1A with 137 lots and said all that does is remove

greenspace. He said ultimately you have the same traffic, which was a concern

two weeks ago, and you may have more traffic with an R-1A. He said it doesn?t

purport with what his client?s plans are for that subdivision. He said he would

like to retain the greenspace.



Several minutes of discussion continued on this issue, with a dialogue

between Councilor Davis and Mr. McKenna.



Councilor Davis said the resident?s concern is the density here.

He said the R-1A is a reasonable settlement in his opinion and said logically,

it should have been your client?s first request in this case.



After more than fifteen minutes of discussion with the dialogue between

Mr. McKenna and Councilor Davis concluded, Mr. McKenna then responded to

further questions of members of the Council on this issue.



Councilor Allen said his concern is setting a precedent by having the R-2

put into the area and then you will have to go on from that. He said what he

would like to offer to Mr. McKenna, is to have the property be rezoned R-1A, as

Councilor Davis has asked, but through the plat, let?s identify the lots that

you need in an R-2 size and mark them. He said then you could put in the lots

for that size, but leave it R-1A and retain the buffer that you need.



He said he was just trying to work out a way for Mr. McKenna?s client to

get what he wants and the residents to get what they want as well. He said his

concern is the R-2 encroachment and he would prefer that you do an R-1A. He

said if you need R-2 for a certain number of lots, let?s go ahead and identify

those lots today and amend the ordinance, than we can go forward with it.



Mr. McKenna said he would have to get back with the surveyor to identify

those particular lots. He said he couldn?t tell you that today. He said his

client?s position right now, is that he wants to retain the greenspace for the

benefit of everybody, including the purchaser of the houses in the subdivision.



Councilor Allen said he would appreciate if Mr. McKenna would discuss that

with his client, as to identifying the certain lots that are needed. He said if

the Council feels comfortable moving forward and the neighbors are comfortable;

then the developer gets what he wants.



Mr. McKenna said he would have to get back with Councilor Allen because at

this point, he can?t tell you what lots.



Councilor Allen then made a motion for a one-week delay. Seconded by

Councilor Woodson and carried unanimously by those ten members of Council

present for this meeting.



After more than forty-five minutes of discussion with members of the

Council expressing their further views on this matter, and Mr. McKenna

responding to further questions of members of the Council, Mayor Pro Tem

Rodgers then made a motion to allow those residents in opposition that are

present here today be allowed to be heard. Seconded by Councilor Allen and

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



Ms. Sally Lassister, 6855 Ranch Forest Drive said she would like to

suggest that the Council consider leaving the property as it is today. She said

don?t change it at all; just let them use the property as they purchased it.

She said leave it, as it is R-1 and develop whatever he would like to develop.



Mr. Frank Saucier, 408 Crestfield Drive said he represents the majority of

the resident in the area. He said they have the same concerns as they had

before; issues with school overcrowding, traffic along Britton Drive and River

Road. He said this change would be inconsistent with the land use of the

surrounding area. He said most of these residents moved into the area 25-20

years ago into an area that was heavily wooded, more of a countryside setting

of larger lots. He said even though the area is rezoned R-1A, the majority are

an acre or above. He said they have enjoyed a nice quiet community in that area

and feels like a change would bring a sufficient difference to the community as

well as the concern of the domino effect.



He said the residents are willing to compromise to an R-1A and have spoken

to the developer several months about an R-1a and changed the lots from 137

lots to 148 taking out almost the greenspace.





Mr. Saucier spoke for several minutes in expressing his and his neighbor?s

opposition to this proposed rezoning ordinance.



He then responded to questions of members of the Council.



City Attorney Fay then pointed out that this ordinance would be back on

second reading next week.



*** *** ***

WITH CHIEF ROY WATERS NOW BEING IN THE COUNCIL CHAMBERS, THE FOLLOWING

ORDINANCE WAS CALLED UP AGAIN FOR DISCUSION AND THEN INTRODUCED ON FIRST

READING:_________________________________________





An Ordinance - Amending Columbus Code Section 11-18 so as to

require permits for the sale of nonexplosive sparklers and other

items legalized by O.C.G.A. Section 25-10-1; requiring a payment of an annual

$50.00 permit fee to the Fire Prevention Division; and for other purposes.



City Attorney Fay then called Chief Roy Waters to come forward.

However, Greg Lange, Fire Marshal came forward to respond to questions of the

Council.



Councilor Turner Pugh then asked Fire Marshal Lange, how did they come up

with the $50.00 permit fee?



Fire Marshal Lange said the regular fireworks display permits is $100.00

and said there is more involved in that, whereby, they have to go out and do an

onsite inspection. He said whereas with the non-explosive sparklers, this will

be an annual fee where they will go out and inspect the stores that will be

handling these types of items, making sure that we are not allowing anyone to

sell any kind of illegal fireworks. He said it wouldn?t be as much time

involved, so he cut it in half to $50.00. He said we could raise it, if the

Council would like.



Councilor Turner Pugh then made a motion to amend the ordinance to raise

the fee to $100.00. Seconded by Councilor Woodson.



Councilor Henderson said he doesn?t have any problem in raising the fee,

he would just hope that all input has been given from the Fire Marshal so that

we get it right the first time instead of changing every time.



He said one thing that concerns him since Georgia is allowing some of the

lower impact type things; because some stores, big box retailers will put these

on the shelf and sell them all year long. He said there are some other folks

that will come up just seasonally before New Years and the Fourth of July; he

said he doesn?t have any real opinion on it, but then asked, if that fee

structure be the same for someone who is doing it seasonally versus someone who

will be making revenue off of it year round.



Fire Marshal Lange said they did take notice of what Councilor Henderson

is saying, but said they didn?t want to differentiate between a small retailer

versus a large retailer and they just decided to make it one fee for everyone.

He said they could go back and look at that again.



Councilor Henderson said he yields to the Fire Marshal?s experience on

this issue, but he just raised the question because someone had asked him about

it.



Mayor Poydasheff then called the question on the motion to amend the

ordinance to raise the fee from $50.00 to $100.00, which carried unanimously by

those nine members of Council present at the time, with Councilor McDaniel

being absent for this vote.



Mayor Poydasheff then said when City Attorney Fay brings the ordinance

back on next week, he could include that amendment.

He said the ordinance would be on second reading on next week.



City Attorney Fay then asked if there was any question on this ordinance,

but there were none.

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



HOMELAND SECURITY:



Mayor Poydasheff said with Fire Chief Waters and the Fire Marshal being

present this morning, said he would like to congratulate both of them and the

entire Fire & EMS Department and Public Safety. He said he received a letter

this morning from the Office of Homeland Security pointing out they have been

pre-selected to participate in the first step towards bringing technical

inter-optical communication to Georgia.



He then read the letter into the records and said he wanted the Council

and the City Manager to know this. He said he is real proud of what you do.



*** *** ***



FIRES IN THE COLUMBUS AREA:



Chief Waters said he would like to apology to the Council for being late

on this morning, but said as you know, if you have been watching the news this

past weekend, we have had a lot of fires. He said they are trying to assemble a

task force because they are all occurring in the same area. He said they are

trying to get a handle on this before someone gets hurt.

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

PUBLIC AGENDA:



MR. KRISTOPHER CONKLIN:, THE SEX OFFENDERS? REGISTRY IN COLUMBUS:

_____________________________





Mr. Kristopher Conklin who requested to be listed on the Agenda to discuss

the sex offenders? registry did not respond when given the opportunity to

address the Council.



*** *** ***



MS. EVELYN TALBERT, RE: THE AMENDMENT TO THE ALCOHOLIC BEVERAGE ORDINANCE

FROM THE 5-YEAR PROBATION PERIOD TO 10 YEARS FOR OBTAINING A

LICENSE:





Ms. Evelyn Talbert said she is here this morning to ask the Council to

reconsider the ordinance that was adopted on January 6, 2004.

She said she just wants to let each and every one of you know that she

understands your concerns. She said 8? years is a while to take your life and

turn it around.



Ms. Talbert said when you come from where she has come from and after you

have been thrown in and out of the system; and has taken it into your own hands

to turn your life completely around only to have your past to come back and

haunt you. She said she doesn?t have the education that each and every one of

you may have and didn?t have the opportunity to get that education. She said

she came from a broken home, but she doesn?t want anyone to pity her; she just

wants a chance.



She said her only way of making a living is bartending. She said the only

other thing she knows in life is working in a carpet mill and as you know,

there are no more carpet mills here. She said she made good money in a carpet

mill and made her life to stay there; but said not only did she lose her job

when the carpet mill closed, but her insurance as well. She said she works to

make a decent living so that she can pay her medical bills and help support her

son and her grandchildren.



She spoke for several minutes in pointing out how this ordinance has not

only affected her, but several other individuals as well.



She also responded to several questions of members of the Council.



Councilor Suber said he would like to thank Ms. Talbert for calling him

personally, because as he discussed with her, he didn?t know that it affected

so many people when they came back to renew their license because we changed

the ordinance. He said he thinks that most of the Council members didn?t give

this much thought because the Administration suggested that we needed to do

this, but said because of you, this is why he, Councilors Henderson, Turner

Pugh and Mayor Pro Tem Rodgers agreed to ask the City Attorney to look into

this and give us a recommendation on what needed to be done.



He said he appreciates the telephone call, because he don?t think that any

of us knew that we were putting people out of work, but because of your call,

you enlightened every one of us.



Ms. Talbert said she wants the Council to know that she tried to get in

contact with all of them, not just the few she did get in contact with. She

said any consideration that the Council can give she certainly would appreciate

it.



Councilor Henderson said he just wanted to apologize to any member of

Council who felt like they didn?t have enough time to look at this matter. He

said that was not the staff?s request, but said it was his request. He said

typically, he doesn?t like to do that, but he felt it was a sense of urgency

with this particular amendment, he did ask the City Attorney to fax everyone a

copy of the ordinance on Friday.



*** *** ***



MR. WAYNE CLARK, RE; NOISE ORDINANCE:



Mr. Wayne Clark, 4206 Timberliar Drive said he waited a long time to speak

to the Council about this matter and since this is his first time appearing

before the Council, he is going to be reading a prepared statement. He said he

wanted to make sure that he covered all of his concerns with the allotted time

that he has. He said he would be glad to answer any questions that the Council

may have at the end of his statement.



Mr. Clark said his concern and complaint is related to the enforcement of

the local noise ordinance or more so, the lack of enforcement. He said since

1997, he and his family have been politely, but diligently fighting what has

been an enduring but losing battle in getting the City of Columbus to enforce

the noise ordinance.



He spent some eight minutes in reading his prepared statement expressing

his concerns regarding the noise ordinance. (A copy of his statement, as well

as a video tape was filed with the Clerk of Council?s office and is made a part

of these official minutes)



After Mr. Clark concluded reading his prepared statement, he said since

his time is limited here this morning, he has documented his efforts on his

website, which is www.jetengines.testingcomplaints.com. He said he has copies

of his remarks and a timeline detailing the events historically as pertaining

to the noise problem. He said he would also leave DVD & VHS tapes for review by

the Council. He said these were taken of local police officers at their prior

home and recorded with their knowledge, although the related 911 calls were

made specifically reporting possibly noise violations regarding an industry,

the officers do not have a decibel meter.



Mr. Clark said he is hopeful that the Council would review the information

that he will be leaving with you, while also paying special attention to the

website. He said the information has been placed in individual envelopes for

the Mayor and Council, and once you have had an opportunity to review his

information, he would like to meet with them again and if necessary, with the

industry to bring a civil resolution to this long awaited matter.



He said many of the Council members are aware of this issue that he is

presenting, but for those who are not familiar with it, this is a complaint

against the City of Columbus and Pratt Whitney?s Jet Engine Test Cell and

Columbus Engine Center, which is located at 8801 Macon Road in Midland.



Mr. Clark offered to answer questions of the Mayor & Council, but there

were none.



*** *** ***



MR. DAVID PHILLIPS, REPRESENTING PHILLIPS COMPUTERS, INC., UNLICENSED

COMPUTER BUSINESSES:

____



Mr. David Phillips, representing Phillips Computers, Inc., said he builds

computers for small businesses, as well as does a lot of work at doctor?s

offices and build computers for individuals. He said he has a problem that has

come up a lot lately with several unlicensed businesses here in Columbus. He

said there are a lot of people that are advertising on their pickup trucks and

in the thirty nickel newspaper; advertising to build computers for people, and

selling a lot of unlicensed and bootleg Microsoft software.



Mayor Poydasheff then asked Mr. Phillips if he has the name of these

unlicensed computer businesses, to which he said he did.



Mayor Poydasheff then asked Mr. Phillips to sit down with the City Manager

at an appropriate time and talk with him so that we can see if we can resolve

this matter. He said he don?t like anyone doing business that is not licensed

in the City of Columbus and said it is a slap in the face of those that have

gone the legal route and have gotten their licenses.

Mr. Phillips said he turned those names in to the Business license

Department on Thursday and said he thinks that they started investing them. He

said he thinks they started taking action on Thursday afternoon.



He said what he would like to see on the software licensing issue;

Microsoft would not investigate if it were below 15-20 versions, and said it is

not cost effective to them. He said he would like to see a City ordinance if

people are selling Microsoft that is bootleg.



Mayor Poydasheff said there is a question of the law, whether Georgia law

supersedes it, or if there is a Federal law with respect to that, as well as

whether or not there is something in the Interstate Commerce area. He said what

we can control is people doing business in Columbus, Georgia without a license,

but he has his doubts as to whether or not we can do something that moves with

interstate commerce.



*** *** ***



MR. DAVID SIZEMORE, REPRESENTING Q & A GRINDING, INC., RE: CONTRACT FOR

GRINDING AND DISPOSAL OF YARD WASTE MATERIAL:

___________________________________



City Manager Hugley said Mr. Sizemore was present earlier this morning. He

said this is an item that is listed on his Agenda under purchases, but said

when we come to that item, he is going to ask for a delay on that resolution,

so that we can discuss this matter with Mr. Sizemore.

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

CITY MANAGER?S AGENDA:



THE FOLLOWING THREE RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY

MANAGER HUGLEY AND ADOPTED BY THE

COUNCIL:_______________________________________



A Resolution (289-05) ? Authorizing the submission of an application and

if approved accept a grant of $138,000 from the United States Department of

Homeland Security 2005 Assistance to Firefighters Grant Program to improve the

physical fitness of department members. Councilor Turner Pugh moved the

adoption of the resolution. Seconded by Councilor Allen and carried unanimously

by those eight members of Council present at the time, with Councilors Anthony

and Hunter being absent for this vote.



A Resolution (290-05) ? Authorizing a collaborative effort between the

City of Columbus and the Georgia Department of Community Affairs? Georgia Dream

Homeownership Program and the designation of ?DreamColumbus?. Councilor

Henderson moved the adoption of the resolution. Seconded by Councilor Turner

Pugh and carried unanimously by those eight members of Council present at the

time, with Councilors Allen and Hunter being absent for this vote.



A Resolution (291-05) ? Authorizing the acceptance of a deed to that

portion of Spurlin Court located in Section Twenty, Sweetwater Village, on

behalf of Columbus, Georgia. Councilor Turner Pugh moved the adoption of the

resolution. Seconded by Councilor Henderson and carried unanimously by those

eight members of Council present at the time, with Councilors Allen and Hunter

being absent for this vote.

THE FOLLOWING FIVE PURCHASING RESOLUTIONS WERE ALSO SUBMITTED AND EXPLAINED BY

CITY MANAGER HUGLEY AND ADOPTED BY THE COUNCIL PURSUANT TO THE ADOPTION OF A

SINGLE MOTION MADE BY COUNCLOR MCDANIEL AND SECONDED BY MAYOR PRO TEM RODGERS,

WHICH CARRIED UNANIMOUSLY BY THOSE EIGHT MEMBERS OF COUNCIL PRESENT AT THE

TIME, WITH COUNCILORS ALLEN AND HUNTER BEING ABSENT FOR THIS

VOTE:__________________





A Resolution (292-05) ? Authorizing the purchase of one hundred

sixty-eight (168) external antennae from AntennaPlus (Scottsdale, AZ) in the

amount of $37,884.00 ($225.50 each). The magnetic mount white 2.4 GHz antennae

will be installed on vehicles equipped with mobile data terminals, to include

the Police Department, Sheriff?s Office, Columbus Fire and Emergency Medical

Services, and Inspection and Codes. The external antennae will be used to

access the Air Mobile wireless network via the mobile data terminals.



The AntennaPlus antennae is recommended and preferred by Motorola for use

with Motorola mobile data terminals and Motorola Air Mobile Software, and is

only available from AntennaPlus. Therefore, AntennaPlus is considered an only

know source for this specific equipment.



A Resolution (293-05) ? Authorizing the execution of a construction

contract with Robinson Paving Company, in the amount of $1,817,865.30, for

intersection improvements at Whitesville Road and Williams Road. The

contractor will be required to maintain public access to all residences and

businesses located within the project area. The work includes grading, soil

erosion control measures, concrete work, storm drainage, signage, and water and

sewer adjustments.



A Resolution (294-05) ? Authorizing the execution of a contract

with Glen Martin Engineering to provide one (1) 450? self-supporting radio

tower.



The tower will be located at the Garfield Radio Tower Site. The City owns

and operates a 15 channel 800 Megahertz (MHz) Radio Communication System that

serves all City governmental agencies. This tower is part of an overall Prime

Transmission Site Relocation project. The tower will support the 800 MHz

transmit and receive antennae/cables plus additional capacity for future

antennae and cable. The installation of the tower is pending RFB No. 05-0061;

450? Self-Supporting Radio Tower Installation/Erection.



A Resolution (295-05) ? Authorizing the purchase of twelve (12)

AE-4700 Broselow/Hinkle Peiatric Resuscitation systems from Armstrong Medical

(Linsolnshire, Illinois), in the total amount of $17,820.00 ($1,485.00 each).



A Resolution (296-05) ? Declaring 100 sets of turnout gear as surplus, in

accordance with Section 7-501 of the Charter of Columbus Consolidated

Government; and approving the donation of the surplus turnout gear to various

volunteer Fire Departments.



*** *** ***







THE FOLLOWING RESOLUTION WAS DELAYED BY THE COUNCIL AT THE REQUEST OF CITY

MANAGER

HUGLEY:______



A Resolution - Authorizing the execution of a contract with

Southern Land Improvement to provide Grinding and Disposal of Yard Waste

Material on an ?as needed basis?.

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



BRITTON ROAD SUBDIVISION - RIVER ROAD:



Councilor Davis said he would like for the City Manager to provide

information as it relates to the proposed Britton Road rezoning request on

River Road; as there is a blind spot on River and if we continue to build in

this area; will that have any affect, as far as the speed limit. Also, will we

have to reduce the speed limit because of the visibility factor?

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

CLERK OF COUNCIL?S AGENDA:



THE FOLLOWING ITEMS WERE SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR AND

COUNCIL:______________________________________



Memorandum from GMA, Re: Georgia Utility Facilities Protection Act Amendments.



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



*** *** ***



THE FOLLOWING APPLICATION FOR A TAXICAB OWNERS BUSINESS LICENSE WAS

SUBMITTED BY CLERK OF COUNCIL WASHINGTON AND APPROVED BY THE

COUNCIL:___________





Application of Mr. Michael B. Peak for a taxicab owner?s business

license to operate A-Cab Company, to be located at 2514 Hamilton Road,

Columbus, Georgia. Mayor Pro Tem Rodgers moved the approval of the

application. Seconded by Councilor Turner Pugh and carried unanimously by those

eight members of Council present at the time, with Councilors Allen and Hunter

being absent for this vote.



*** *** ***



REGION 7 EMS BOARD APPOINTMENT:



Clerk of Council Washington submitted a letter from Sam R. Cunningham,

EMT-P Program Director, requesting the Mayor?s appointment for the upcoming

vacancy of Mr. Mike Higgins on the West Central Georgia Region 7 EMS Board.



She further pointed out that Mayor Poydasheff is reappointing

Mr. Higgins for another term of office and advises that Council would need to

confirm the Mayor?s appointment of Mr. Higgins.



Mayor Pro Tem Rodgers so moved. Seconded by Councilor Woodson and carried

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

Councilors Allen and Hunter being absent for this vote.

THE FOLLOWING TEMPORARY STREET CLOSING APPLICATION WAS SUBMITTED BY CLERK

OF COUNCIL WASHINGTON AND APPROVED BY THE

COUNCIL:___________





Application of Friendship Baptist Church to temporarily close 6th Avenue

between 8th and 9th Street, on Saturday, June 11, 2005, from 8:00 a.m. to 6:00

p.m. in connection with a ?Vacation Bible School Picnic.?



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

Mayor Pro Tem Rodgers and carried unanimously by those eight members of Council

present at the time, with Councilors Allen and Hunter being absent for this

vote.



*** *** ***



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



Clerk of Council Washington submitted a memorandum from Mr. Ed Wilson,

Executive Assistant to the Mayor, submitting the resignation of Lee Miller

from C.I.R.C.L.E. and requesting that the seat of James Sakakibara be declared

vacant due to him no longer being a resident of Muscogee County.



Councilor Turner Pugh so moved. Seconded by Mayor Pro Tem Rodgers and

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

Councilors Allen and Hunter being absent for this vote.



*** *** ***



ZONING PUBLIC HEARING:



Clerk of Council Washington submitted a letter from Ms. Linda Dam,

requesting that a public hearing be called on the rezoning petition to rezone

approximately 112.73 acres of property located at the north side of St. Mary?s

Road, bordering Fort Benning that was recommended for denial by both the

Planning Advisory Commission and the Planning Division (27-D-05-Kimbrough

Properties, L.P.)



Mayor Pro Tem Rodgers called for the ordinance and public hearing.



*** *** ***



MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND OFFICIALLY RECEIVED BY THE

COUNCIL:____________________________



Airport Commission, May 5, 2005.

C.I.R.C.L.E, March 8, 2005.

Convention & Visitor?s Bureau, April 20, 2005.

Council Briefing, January 4, 2005.

Council Briefing, February 1, 2005.

Council Briefing, February 8, 2005.

Golf Authority, April 26, 2005.

Health, Board of, April 27, 2005.

Historic & Architectural Review Board, August 11, 2003.

Historic & Architectural Review Board, September 8, 2003.

Public Safety Advisory Commission, May 5, 2005.

Tax Assessors, No. 19-05.

Tax Assessors, No. 20-05.

Zoning Appeals, Board of, March 2, 2005.

Zoning Appeals, Board of, April 6, 2005.



Councilor Turner Pugh made a motion that these minutes be received.

Seconded by Mayor Pro Rodgers and carried unanimously by those eight members of

Council present at the time, with Councilors Allen and Hunter being absent for

this vote.



*** *** ***



THE FOLLOWING FOUR NEW ZONING PETITIONS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND AN ORDINANCE AND PUBLIC HEARING WAS CALLED FOR ON EACH BY MAYOR

PRO TEM RODGERS:__________________________



Petition submitted by Kennon Realty Services, Inc. to rezone approximately

0.52 acre of property located at 1372 Celia Drive from a SFR2 (Single Family

Residential 2) to SFR3 (Single Family Residential 3). (Recommended for

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

(24-A-05-Kennon Realty Services, Inc.)



Petition submitted by Wright Building Co. to rezone approximately 1.5

acres of property located at 5031 Milgen Court from a LMI (Light

Manufacturing/Industrial) to GC (General Commercial). (Recommended for

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

(25-A-05-Wright Building Co.)



Petition submitted by Matt Stahl to rezone approximately 26.4 acres of

property located at 5812 & 5820 Buena Vista Road and all lots fronting the

Zenos Drive right-of-way from an R-1A (Low Density Residential) to R-2 (Low

Density Residential). (Recommended for conditional approval by both the

Planning Advisory Commission and the Planning Division.) (26-CA-05-Stahl)



Petition submitted by Kimbrough Properties, L.P. to rezone approximately

112.73 acres of property located at the north side of St. Mary?s Road,

bordering Fort Benning from an R-1A (Low Density Residential) to an R-3A

(Medium Density Residential). (Recommended for denial by both the Planning

Advisory Commission and the Planning Division.) (27-D-05-Kimbrough Properties,

L.P.) (See above action that was taken earlier on this matter)



Petition submitted by Deluxe Properties, Inc. to rezone approximately

12.654 acres of property located at 7855 & 7865 Cooper Creek Road and a

landlocked property southeast of 7855 Cooper Road from a SFR1 (Single Family

Residential 1) to RMF2 (Residential Multi-Family 2). (Recommended for

conditional approval by both the Planning Advisory Commission and the Planning

Division.) (28-CA-05-Deluxe Properties, Inc.)



*** *** ***





BOARD APPOINTMENT:



CIVIC CENTER ADVISORY BOARD:



Councilor Woodson said she is still working on a nominee for someone for

her district, to replace Mr. Gerardo Ricci ? District 7.



She asked Clerk of Council Washington to contact the Historic District, as

well as the Young Professionals Organization to see if they have anyone who

might be interested in serving on the Civic Center Advisory Board.



*** *** ***



Mayor Poydasheff then asked if there was anyone who had an issue to

address the Council, they could be heard at this time. There was no one to come

forward.



*** *** ***





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

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

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

time, with Councilor Allen being absent for this vote and the time being 10:50

A. M.







Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia