Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR MEETING

JANUARY 13, 2004





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

order at 9:04 A.M., Tuesday, January 13, 2004, on the Plaza Level of the

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

and Councilor C. E. McDaniel, Senior Councilor, presiding.



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

Allen, Glenn Davis, Julius H. Hunter, Jr., Charles E. McDaniel, Jr., Evelyn

Turner Pugh, 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: Mayor Poydasheff was absent. Councilor Wayne S. Anthony and Berry H.

Henderson were also absent, but was officially excused upon the adoption of

Resolution Numbers 14- 04 & 15- 04 respectively.



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ABSENCE OF MAYOR POYDASHEFF:



Mayor Pro Tem Rodgers said that Mayor Poydasheff had a family member who

has passed away in South Carolina and that we would like to send our

condolences, best wishes, and prayers to he and his wife and their family.

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INVOCATION: Offered by Father Tom Jones of Trinity Episcopal Church.

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PLEDGE OF ALLEGIANCE: Led by Mayor Pro Tem John J. Rodgers. (See below for

additional information.)

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Mayor ProTem Rodgers said we would like to recognize some real heroism and

hard work on the part of our Columbus-Fire EMS, Fort Benning Fire Department,

the Columbus Airport Fire Department, Columbus Police Department and Public

Services and then asked these individuals to come forward.



With them standing at the Council table, Mayor Pro Tem Rodgers said these

individuals certainly displayed exemplary talent, dedication, honor and

integrity in dealing with a situation that could really have been disastrous,

which involved a truck accident on Interstate 185 last weekend.



He said he passed the scene 20 minutes after the accident and passed it a

couple of times after that and said, for those who were not in the vicinity, it

had the potential to really be disastrous. However, these people kept

everything under control and no lives were lost and to his knowledge, the only

injury sustained was that of the truck driver.



Mayor Pro Tem Rodgers said we owe you a debt of gratitude and as a City,

are extremely grateful for the level of dedication that you all exhibited

following this accident.



Chief Roy Waters said he appreciates the Mayor Pro Tem and Council taking

the time to recognize these fine men and women, as they did a good job. He said

this goes to show that this is truly a team effort. He said they could not have

done it without the support of Public Services, Columbus Police Department, the

Fort Benning Fire Department and the Columbus Airport. He said it truly had the

potential of being disastrous and said that every one of these people really

worked hard.



Councilor Davis said he had heard that there were some citizens there when

this happened and they pulled this gentleman from out of the truck and put him

in the back of a pick up truck and moved him away from the scene early on

before everybody got there.



Captain Joe Turner of the Columbus Police Department said that is true

and said they do have the name of one of the gentleman that pulled the driver

from the truck and got him away from the burning fuel truck.



Councilor Davis then asked the City Attorney to prepare a resolution

commending the act of bravery for the gentleman who pulled the driver out of

the truck who was involved in this accident.

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WARDOGS:



At the request of Mayor Pro Tem Rodgers, Mr. Mike Sammond of the Wardogs,

along with Head Coach John Fa?ade, appeared and thanked the Mayor and Council

for their support of the Wardogs. He said they recently signed a new

three year contract to play at the Civic Center. He said he would also like to

thank City Manager Cavezza for his hard work and getting the lease completed.



Mr. Sammond said since Mr. Fa?ade has been on board with the Wardogs he

has never brought him to meet the Council and said today, he wanted to bring

him here to meet you.



Mr. Fa?ade also thanked the Mayor and Council for the support of the

Wardogs and said he wants the Council to know that this year they will see a

difference in this ball club this season. He said they are hopeful that they

won?t end up like they did on last season and will do well here in the City;

and with the City?s support, they are looking forward to it.



Mr. Sammond said they have some exciting news that they just finalized on

last night. He said they will have a delegation to join us in March from

Australia and New Zealand, who will be here to play the Columbus Wardogs in a

pre-season International Exhibition Game, which they are very excited about. He

said they will be here for a week and he will speak with the Mayor to be on the

welcoming committee to welcome this group of players.



He said he have been told by the league that we are only one of two USA

cities that will be hosting an International Arena football game this year. He

said they will also be bringing some media from Australia to document their

visit to Columbus, Georgia.



Mr. Sammond said that game will be held on Sunday, March 28, 2004 and he

would like to invite all the members of the Council to attend this game. He

said their home opening game will be held on Saturday, April 12th at the Civic

Center.

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PLEDGE OF ALLEGIANCE:



With the students from the Beallwood Head Start Program now being present

in the Council Chambers, Mayor Pro Tem Rodgers then called them forward to say

the Pledge of Allegiance.

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PROCLAMATIONS:



?HARVEY LUMBER COMPANY?:



With Mr. Bubba Gross standing at the Council table, Councilor McDaniel

read the proclamation of Mayor Poydasheff, proclaiming high honor and

recognition to Harvey Lumber Company.



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?SPIRITUAL RENEWAL WEEK?:



With Reverend Johnny Flakes, Reverend Robert Holston and Reverend Chester

Hayes standing at the Council table, Councilor Turner Pugh read the

proclamation of Mayor Poydasheff, proclaiming the week of January 12 - 16, 2004

as ?Spiritual Renewal Week?, in Columbus, Georgia.

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WATER ISSUES:



City Manager Cavezza said during the Council briefing this morning, the

Council addressed the issue of water for our community. He said there has been

an agreement with the State and the Core of Engineers in the Atlanta area to

retain and hold water up there. He said the feelings of our Water Board here is

to support a friend of the Court brief, which will be taking place in

Washington; expressing concern over this because they don't feel that an

adequate study has been done to really say what is the impact on the middle

region users of that water, of which we are one. Therefore, the Council agreed

to support that.

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MINUTES: Minutes of the January 6, 2004 meeting of the Council of the

Consolidated Government of Columbus, Georgia was submitted and approved upon

the adoption of a motion made by Councilor Allen and seconded by Councilor

McDaniel, which carried unanimously by those six members of Council present at

the time, with Councilors Suber and Woodson being absent for this vote.

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ZONING PUBLIC HEARINGS:



THE FOLLOWING ZONING ORDINANCE, WHOSE FIRST READING WAS CONTINUED FROM

LAST WEEK, WAS AGAIN SUBMITTED AND ITS CAPTION READ BY CITY ATTORNEY FAY AND

ANOTHER PUBLIC HEARING WAS HELD AND AMENDED BY THE

COUNCIL:





An Ordinance - Rezoning 34.192 acres of property located on the east side

of Garrett Road-Midland Woods Drive intersection from an A-1 District to an A-2

District. (48-A-03-Waddell)



City Attorney Fay said there is an alternate ordinance that was included

in the Council's Agenda packet, which includes several conditions for this

property. He said it is ready for any discussion or a motion to substitute the

ordinance with conditions.



Mayor Pro Tem Rodgers then asked if there was a motion to amend the

ordinance with the new conditions.





City Attorney then read the four proposed conditions into the record, as

outlined below:



1. There shall be no more than 30 lots in the development subject to rezoning.



2. A 40-foot undisturbed, natural, vegetated buffer shall be required along

the property lines bordered by 8030, 8040, 8052 and 8062 Garrett

Road; 8105 and 8100 Castleberry Drive; 8189, 8173, 8157, 8141 and 8135 Pleasant

Ridge Drive; and 9265, 9259, 9253, 9235 and 9219 Collinwood

Drive.



3. No access shall be allowed to Castleberry Drive.



4. All lots proposed for development shall have minimum side setback

requirements of 10 feet on each side.



Councilor Allen said on last week, there was a gentleman, Mr. Carter, who

had asked for consideration regarding a buffer on the lot next to him, and said

he called him on yesterday and they have agreed to a 10-foot buffer for that

particular lot. He said he thinks that all parties have reached an agreement

and we are ready to move this on to second reading for next week.



Mayor Pro Tem Rodgers then asked if the ordinance needed to be amended by

a vote of the Council or a substitute ordinance, to which City Attorney Fay

said we need to amend it with the new substitute ordinance and put the

substitute on first reading today. Councilor Suber then moved the conditions be

included in the ordinance. Seconded by Councilor Turner Pugh.



City Attorney Fay said the amended ordinance is now on the table with the

four conditions.



Councilor Allen said he just received a letter from Mr. John Allen,

President of the Homeowners Association and Mr. Waddell has signed it. He said

there are a few more conditions included in this letter than the four that we

just amended. However, it talks about minimum size of the homes, which is

something that we don't need to deal with, and it appears that what we have

already done would be okay and this is an agreement between the developer and

the Homeowners Association.



City Attorney Fay said this letter can be filed with the Clerk of Council,

so that they can be made a part of the record.



Councilor Allen said we will make that a part of the ordinance so that the

legislative intent will be clear, but just for clarification and for the

record, pointed out that there is one statement in the letter which states that

the land will not be clear cut. He said there was an agreement in the

discussions that they had where Mr. Waddell was going to specifically address

that issue with each builder that comes in to buy a lot; that they are not to

clear cut each lot, but they should try to design within the lot, the home

site; thereby avoiding clear cutting all the property in there. He said with

the understanding that as he brings in the easement regarding sewers, etc.,

there will be exceptions made.



Mayor Pro Tem Rodgers said that would be embodied in the restrictive

covenants and not the ordinance. He said each individual developer takes title

to each individual lot and becomes the owner, subject to the covenants as he

develops the property. Councilor Allen said that is correct.



City Attorney Fay said they would have to comply with the Tree ordinance

as well. However, Mayor Pro Tem Rodgers said what Councilor Allen is alluding

to is a little more stringent than the Tree Ordinance; so, therefore, we have

no problems in attaching that to the ordinance.



City Attorney Fay then asked if there was anyone else who wanted to be

heard for or against this proposed ordinance, but there were none. He then

declared this public hearing as being held.



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THE FOLLOWING ORDINANCE, WHICH WAS ALSO DELAYED FROM LAST WEEK, WAS AGAIN

SUBMITTED AND AFTER SEVERAL MINUTES OF DISCUSSION AMENDED BY THE

COUNCIL:



An Ordinance - Rezoning approximately 11.9 acres of property located at

5443 Armour Road from an R-1A District to an R-4 District. (50-CA-03-Riverstone

Community Prop., LLC)



Councilor Davis said he and Councilor Allen met with the developers, Mr.

Hall and Mr. Wright on Friday and talked about some additional conditions that

they are willing to do in the spirit of trying to do the right thing. He then

read those conditions into the record as outlined below:



1) Extend the 30-foot buffer to a 40-foot, undisturbed, natural

vegetated buffer shall be required along the northern property line.



2) No more than 130 units shall be developed on the property subject to

rezoning, with less dense units to be placed adjacent to existing residences.



3) A sidewalk or access path shall be put in at the developers discretion



Councilor Davis said just for the record, the developers have informally

agreed to place the less dense units or less number of buildings next to the

adjacent residential property. He said they are also willing to put up large

canopy trees which will be put as a green buffer between the apartments and the

residential section on the back side by Miller Road where it is open.



Mr. Hall said the area is backed by the R-4 in the rear up against the

Lindsey Creek Bypass. He said they will curtain that as best as possible with

planted trees.



City Attorney Fay said as he understands it, there will be two amendments

to change Condition Number 5, to make the 30-foot undisturbed natural buffer a

40-foot buffer, and to add a Condition Number Seven which states that no more

than 130 units shall be developed on the property subject to rezoning. He then

asked for a motion to amend the ordinance.



Mayor Pro Tem Rodgers also stated that those 130 units shall be with the

less dense buildings next to the residential property.



Councilor Davis said there also needs to be a minor correction as it

relate to the sidewalk. He said the sidewalk or access path should be put in at

the developer?s discretion.



City Attorney Fay then asked, in addition to the one on the eastern side,

but Councilor Davis said it will be the same sidewalk.



Mayor Pro Tem Rodgers then asked for clarification on this matter, saying

that Condition Number 6 states that there will be a sidewalk, and Condition

Number 8 says it will be at the developer?s discretion and that appears to be

contradictory.



Councilor Davis then responded to that concern of Mayor Pro Tem Rodgers,

saying the need to place a sidewalk all the way out in front of the property

might be a little bit excessive because there is really no where to go on the

opposite side of the property. He said they are primarily concerned about

people that might want to go over to the retail area or down to the school or

the park; so, therefore, the need for a sidewalk would be only on the north end

or an access path getting out, so that people can walk out to that area.



Mr. Hall said they don?t have a problem with the sidewalk and will

probably include that in their landscape design concept anyway; however,

Councilor Davis had mentioned that from the entrance down to Sol Loeb, there is

no reason for one. He said if it works into their plan, they will do it, and if

you want us to do it, we will. He said whatever the Council would like them to

do, they would do.



Mayor Pro Tem Rodgers then asked if we are then going to eliminate

Condition Number 6, which specifically states that you will construct a

sidewalk alongside Armour Road on the eastern side of the property.



Councilor Davis said we are not going to eliminate it, but will modify it.

He said if the City Attorney could find some wording that would state under the

developer?s discretion, as long as they put in a sidewalk that would provide an

access path to the park and retail area.



City Manager Cavezza said we don?t know what?s going to be developed next

to Mr. Hall?s development or between them and the Airport Thruway in the

future. He said if the sidewalk was just to go down the distance of their

property, along that road, that might be helpful for future development.



Several minutes of discussion continued on this aspect of the rezoning,

with several members of the Council expressing their views in this regard.



Councilor Allen said during their discussion on Friday, they talked about

the Airport Commission and their airspace that they have to maintain by Federal

law. He said as they do all around the circumference of the airport, they do

maintain airspace where a tree grows up into that airspace; then they are

required by Federal law to remove that tree.



He said there might be some trees in this buffer that the developers have

agreed to that would qualify to be removed as they grow up in that airspace. He

said he has talked with the Airport Director, Mr. Mark Oropeza on this morning

and they have agreed that where a tree is removed within that buffer, to

maintain the density within that buffer, they are going to replace that tree.

He said this would be a tree that would not grow into the airspace. He said

this is in line with what the Airport does in anyone?s yard anyway; so, this

would be consistent with the Airport?s plan, but would be a move to help

preserve the buffered area up against the area that they will front with

apartments.



City Attorney Fay then restated the amended conditions that the Council

will need to vote on, as outlined below:



1) A 40-foot, undisturbed, natural vegetated buffer shall be required

along the

northern property line.



2) A sidewalk shall be constructed along Armour Road on the eastern side of

the property, as specified by the City Engineer.



3) No more than 130 units shall be developed on the property subject to

rezoning, with less dense units to be placed adjacent to existing residences.



Councilor Davis said they had agreed that the number of buildings will be

limited on the north side of the property adjacent to the residential and then

asked Mr. Hall, if they would agree that we leave those four buildings as shown

on the schematic. He said the maximum number of buildings will be four adjacent

to the north boundary of the residential property.



Mr. Hall said that they didn?t discuss that and said he doesn?t know

if there is anyway to get any more buildings on that side against the R-1A. He

said there are three buildings up against the R-1A and the R-4 is on the back

building in the rear.



Several minutes of discussion then continued on this particular aspect,

with Mr. Hall and Mr. Wright responding to further questions of Councilor Davis

regarding this matter.



City Manager Cavezza then asked if the three buildings are g to be a

condition or not, because if they come for a permit and they have more than

three, then we have no authority to limit them to three buildings; and so, we

need to know that. He said we have had some experiences in the past, which has

put the Engineering Department in a bad position.



Mr. Hall said this would put them in a bad position because they are in a

conceptual stage; however, they think that they can probably commit to that,

but said it sure ties their hands. He asked, if they could possibly say

apartment buildings. He said they might need some type of office or shed of

some type to maintain lawn movers and etc.



Mayor Pro Tem Rodgers said he thinks that apartment buildings would be

appropriate. He then asked the developers, if they would agree to apartment

buildings. The developers said they could live with that.



After continued discussion, Mayor Pro Tem Rodgers said the condition would

state that they would build no more than three apartment buildings adjacent to

the present R-1 zoning. The developers said they are comfortable with that.



Mayor Pro Tem Rodgers then pointed out; that we need to make that a

condition of the rezoning. Councilor Woodson then so moved. Seconded by

Councilor McDaniel.



City Attorney Fay then said we would make that Condition Number 8.



Mayor Pro Tem Rodgers then said we will vote on all of these conditions at

one and then asked for a motion to add these conditions. Councilor Allen so

moved. Seconded by Councilor Woodson and carried unanimously by those eight

members of Council present for the meeting.



Mayor Pro Tem Rodgers then advised that this ordinance is on first reading

in its amended form and then asked, if anyone wanted to be heard in favor or

opposition of this proposed ordinance could now be heard at this time.



OPPONENTS:



Ms. Doris Bennett, 2613 Alma Street, appeared again as she did on last

week expressing her opposition to this proposed rezoning ordinance. She also

provided a copy of a petition of her and several of her neighbors? signatures

expressing their opposition to this rezoning. (A copy of the petition was filed

with Clerk of Council Washington)



Ms. Bennett said she also has a question for the Council. She said when

they all built and moved on Alma Street and Merle Street, it was the County;

and from where Alma Street dead ends to Merle Street from there on Merle Street

back to the Airport Thruway, the County had a right-of-way deed. She said when

we came into the City, we didn?t know if the City had that right-of-way or not;

and also, if a road is going to be built there.



Mayor Pro Tem Rodgers then asked City Manager Cavezza, if we could find

out this information and then convey it to Ms. Bennett.



The following individuals also appeared and expressed their opposition to

this proposed rezoning ordinance as it relates to the traffic that will

increase in this area, as well as the 18-wheeler trucks coming in and out of

their neighborhood:



Mr. Buck Smoot - 2532 Alma Street, Ms. Karen Cousineau - 2614 Alma Street,

Mr. Gene Lewis - 5466 Armour Road, Mr. Jackie Foran - 5450 Armour Road and Ms.

Dorothy Foran - 5450 Armour Road



Councilor McDaniel asked City Manager Cavezza to determine if it would be

feasible to close Armour Road off at Airport Thruway and make it a dead-end.



City Manager Cavezza said he thinks that if we did that, it would force

more trucks through their area to get to the Sol Loeb building and other areas.



City Manager Cavezza said Deputy City Manager Bishop has stated that the

traffic counts drop off significantly between Sowega Drive and the Airport

Thruway; so, its not a heavy volume of traffic.



After further discussions, Councilor McDaniel then asked City Manager

Cavezza to look at the possibility of closing Armour Road off and making it a

dead-end.



Councilor Davis said he would like to have someone to meet with him at

Mr. Jackie Foran?s property to go over some of the concerns that he and his

neighbor has. He said there are some issues out there that he would like to

have some clarification on.



Mayor Pro Tem Rodgers said he would like to ask the City Manager to have

someone to contact Sol Loeb and address the issue of the trucks going and

coming in and out of this business.



After more than forty-five minutes of discussion on this proposed

rezoning, City Attorney Fay then declared this public hearing held and advised

that the ordinance will be on second reading on next week, as amended by the

Council.



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THE FOLLOWING THREE ZONING ORDINANCES WERE ALSO SUBMITTED AND A PUBLIC

HEARING WAS HELD ON EACH, AS ADVERTISED:





An Ordinance - Rezoning approximately 4.17 acres of property located at

3804 Anglin Road from an R-1A District to an R-3B District. (49-CA-03-Wade)



PROPONENTS & OPPONENTS:



Mr. Wright Wade, the petitioner did not make a presentation, as there was

no one present to oppose this proposed rezoning ordinance; however, he did

respond to several questions of Councilor Suber.



Councilor Suber said he has some concerns about this rezoning, due to the

fact that on Arkansas Drive they are having tremendous problems right now,

putting in those apartments that we gave approval to put in. He said now we are

putting additional traffic on this two-lane roadway, which he has some serious

concerns about, saying this is a serious traffic problem. He said based on what

he has seen thus far, he can?t support this proposed rezoning request.



Mayor Pro Tem Rodgers then asked, if we know what the traffic counts are

out there.



City Manager Cavezza said the current traffic count is 2418 trips per day

and it will increase to 2581 trips per day, which is A level service. He said

the road capacity is 3900.

Councilor Suber said if Mr. Wade builds these additional patio homes, it

will be worse than it is. He said getting out onto Reese Road and Anglin Road

will be worst and said he can?t see doing this to these people.

Mr. Wade said they will build approximately twenty homes and said there

will be possibly two cars per residence, making that 40 additional cars on that

road. He said he doesn?t know how much that would increase the traffic there.



With there being no further discussion on this matter, City Attorney Fay

then declared this public hearing held and advised that this ordinance would be

voted on at next week?s Council meeting.



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An Ordinance - Amending the text of the Zoning Ordinance to add

"Warehousing and storage" as a principal use in the MROD District.

(51-A-03-Planning Division)



PROPONENTS & OPPONENTS:



Mr. Will Johnson, Zoning Administrator of the Planning Division was

present, but he did not make a presentation, as there was no one present to

oppose this proposed rezoning ordinance.



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An Ordinance - Amending the text of the Zoning Ordinance so as to provide

that the lettering on zoning signs is colored red for the sections "Present

Zoning" and "Proposed Zoning. (52-A-03-Planning Division)



PROPONENTS & OPPONENTS:



Mr. Will Johnson, Zoning Administrator of the Planning Division was

present, but he did not make a presentation, as there was no one present to

oppose this proposed rezoning ordinance. However, City Manager Cavezza did

respond to questions of Councilors Davis and Suber regarding this ordinance.

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CITY ATTORNEY?S AGENDA:



THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY

AND DEFEATED BY THE COUNCIL ON SECOND READING:







An Ordinance - Rezoning property located at 931 Dogwood Drive from an

R-1A District to an R-4 District. (45-D-03-Kingrey) Councilor Suber moved the

ordinance be defeated. Seconded by Councilor Turner Pugh and carried

unanimously by those eight members of Council present for this meeting.



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THE FOLLOWING ORDINANCE WAS ALSO SUBMITTED AND DELAYED BY THE COUNCIL ON

SECOND READING, AT THE REQUEST OF

COUNCIL:





An Ordinance - Rezoning approximately 23 acres of property located along

the south side of St. Mary's Road, south of North star Drive from an R-2

District to an R-3A District. (44-D-03-Legacy Real Estate Advisors, LLC)



Councilor McDaniel said the developers have agreed to install a traffic

light at the intersection of St. Mary?s Road & Northstar Drive at the

approximate cost somewhere between $40,000 - $50,000. He said since we have two

Council members absent today, as well as the Mayor; therefore, he thinks that

maybe we need to delay this matter for one week.



Mayor Pro Tem Rodgers then asked what was the pleasure of the Council.

Councilor McDaniel then made a motion that we delay this ordinance for one

week. Seconded by Councilor Woodson.

Councilor Hunter said we could vote on that amendment today, to add a

traffic light; and make that a condition of the ordinance. He said he would not

object to a delay on this matter.



He then made a motion to add a condition of the ordinance that a traffic

light be installed at the intersection of St. Mary?s Road & Northstar Drive.

Seconded by Councilor McDaniel.



Councilor Hunter said because he is making the motion for the condition to

install a traffic light, that doesn?t mean that he is audibly in favor of this

rezoning; because he is not. He said in making this motion, he thinks he is

doing what a lot of people who live out there, have done over the past few

months. He said they thought it might be inevitable that something was going to

be built there outside the zoning limitations; therefore, they tried to

compromise and make the best of it. He said in the event that this rezoning

passes, he would like to have that in the ordinance.



Mayor Pro Tem Rodgers then asked Councilor Hunter, if his motion is that a

stoplight be installed at the expense of the developer, prior to the issuance

of any certificate of occupancy, to which Councilor Hunter said that is

correct.



The question was then called on Councilor Hunter?s motion, which carried

unanimously by those eight members of Council present for this meeting.



City Attorney Fay then asked if the developer was agreeable to that

condition, to which Mayor Pro Tem Rodgers said he thinks they agree with that.



Mayor Pro Tem Rodgers pointed out that we still have a motion on the floor

for a delay of this matter.



Councilor Davis said he would like to know if the stoplight would have an

affect with some of the residents out there and if it makes any difference. He

said he knows that there are some concerns of the Councilors.



Councilor Turner Pugh pointed out that she is a resident of the area.



Mayor Pro Tem Rodgers said that in as much as there is a motion for a week

delay and for all practical purposes, this can serve once again as a public

hearing or with the condition being added to the ordinance, this can be put

back on first reading on next week and continued as a first reading. Councilor

McDaniel said he doesn?t think we need to do that, because the developers have

agreed to do it.



Councilor Turner Pugh said she would like for us to go ahead and vote on

the delay, because she has some additional questions that she would like to ask

the petitioner.



The question was then called on Councilor McDaniel?s motion to delay this

matter for one week, which carried unanimously by those eight members of

Council present for this meeting.



The developer, Mr. Bill Dykes then responded to several questions of

members of the Council.



Councilor Turner Pugh said it is not stated in the conditions, but the

developers have said they would have a gated community and said she would like

for that to be a part of the conditions.



Mr. Dykes said he believes that the reference to the gated community was

when they were looking at the project several years ago. However, Councilor

Turner Pugh said that Mr. Cutsforth stated that on last week.



Mr. Dykes said it is his belief that the reference to the gated community

was in reference to the initial development of some 400 apartments.



Mayor Pro Tem Rodgers said Councilor Turner Pugh is referring to the

statement that Mr. Cutsforth made, but he believes he was giving the history of

their project.



Councilor Turner Pugh said she remembers Mr. Cutsforth saying that he

planned for this to be a gated community also. She said she wants clarification

on that, because that is what she understood.



Mr. Dykes said Mr. Cutsforth mentioned that initially when he was looking

at something in the range of 450 plus apartments, that they were looking at a

gated

community; however, since that time, to his knowledge, no reference has been

made to a gated community, nor has that ever been intended with this

application.



Councilor Turner Pugh then asked Clerk of Council Washington to research

last week?s Council minutes to determine whether or not any reference was made

to a gated community for this proposed rezoning project.



Mr. Dykes then responded to further questions of members of the Council as

it relates to a buffer around the lake.



City Manager Cavezza said they would not allow them to get closer than 25

feet of the lake, which is basically what the law is. He said the setback is

30 feet in addition to the 25 feet.



Mr. Ted Freeman said he spoke with Councilor Turner Pugh on last night and

said her concern is where those apartments will be located, what they are going

to look at, as well as the height of them, and how they relate to the other

houses. He said she is also concerned that if we rezone 23 acres; then we could

put them anywhere within that 23 acres; but said Mr. Dykes? plan is to go

around the lake with the townhouses and then have single-family houses on the

balance of it.



He then asked Councilor Turner Pugh if it would make a difference to her,

if they only rezoned the area where the townhouses are going in and left the

other zoning as is. He said this way, they would have to show you where they

are going with the townhouses and the plan of how they will be located around

the lake. He said this will hopefully satisfy some of her concerns.



Councilor Turner Pugh said it may satisfy some of her concerns, but said

it is not going to change her vote, because she thinks it needs to stay

single-family residential out there. She said in the event it does pass, she

thinks those residents that live in that part of Columbus need to be protected

as much as possible. She said she doesn?t trust Mr. Cutsforth, because he has

been before the Council for rezoning projects before, and he never went through

with them.



After more than fifteen minutes of discussion on this matter, City

Attorney Fay said with the new condition, Number 12, this ordinance will be

back on second reading on next week.



*** *** ***









THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY

AND ADOPTED BY THE

COUINCIL:



A Resolution (11-04) - Establishing qualifying fees for county offices of

the Consolidated Government to be filled in the 2004 primaries and elections.

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

unanimously by those eight members of Council present for this meeting.

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

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

PUBLIC AGENDA:



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

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

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

CITY MANAGER?S AGENDA:



THE FOLLOWING TWO RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY MANAGER

CAVEZZA AND ADOPTED BY THE COUNCIL PURSUANT TO THE ADOPTION OF A SINGLE MOTION

MADE BY COUNCILOR ALLEN AND SECONDED BY COUNCILOR WOODSON, WHICH CARRIED

UNANIMOUSLY BY THOSE EIGHT MEMBERS OF COUNCIL PRESENT FOR THIS

MEETING:





A Resolution (12-04) - Authorizing the execution of a quitclaim deed to

Daniel

S. Booth for an easement to the property between River Road and the right-of-

way of Norfolk Southern Railroad consisting of 1,346 square feet plus or minus.



A Resolution (13-04) - Approving the holiday schedule for the Columbus

Consolidated Government for fiscal year 2005.



City Manager Cavezza said the holiday that we will be adding for this year

will be Columbus Day.



*** *** ***



UPCOMING EVENTS:



City Manager Cavezza highlighted some upcoming events as outlined below:



Day DateTime Event Location



Tues Jan 13 6:00p.m.-

9:00p.m. Columbus South Revitalization Task Force Meeting Baker Middle School

Sat Jan 17 1:00 p.m.



(line up time

is 11:30 a.m.) Columbus/Phenix City Annual

Martin Luther King, Jr. Unity Parade of Excellence To begin at Colin Powell Parkway in

Phenix City ending downtown Columbus at 9th St and Broadway

Mon Jan 19 7:15 a.m. 18th Annual Dr. Martin Luther King Jr. Unity Award Breakfast Trade

Center

Tues/

Thurs Jan 24/26 GMA Mayor's Day Conference Atlanta, Georgia





*** *** ***



EXECUTIVE SESSION;



City Manager Cavezza said he would like to request a brief executive

session to discuss a personnel issue.



*** *** ***



PIONEER LITTLE LEAGUE:



Councilor Allen said he would like to inform the City Manager that he has

received some telephone calls from the Presidents of Pioneer Little League as

well as the Northern Little League; and while Director of Parks & Recreation

Tony Adams was present during the Council?s Briefing this morning, he spoke

with him in this regard. He said he already has meetings planned regarding

their concerns.



He said they need some assistance with the fields at Pioneer Little League at

Britt David Park. He said there is also a lighting issue out at the Northern

League, which is Psalmond Road Park. He said the league did lose some practice

fields and there seems to be some scheduling problems.



*** *** ***



REPAIRS:



Councilor Woodson asked City Manager Cavezza to have someone provide the

process for work order requests for repairs relating to recreation centers, as

there has been a request that was put in several months ago to repair the

scoreboard and water fountain at the South Columbus Super Center, but it has

not been done.



*** *** ***



SOUTH COLUMBUS:



Councilor Woodson said she is happy that they are getting businesses in

South Columbus; however, she is somewhat disturbed with what they are putting

up out there. She said some of the businesses are just putting up brick

buildings and are not painting them.



City Manager Cavezza said this goes back to design standards and said this

is something that we need to talk about during the Council?s Retreat.



Councilor Woodson said we need to look at those developers who comes in

and makes promises and then don?t build anything. She said if we are serious

about South Columbus, then these issues needs to be taken care of.



*** *** ***



SPEED HUMPS:



Councilor Woodson said she would like for the City Manager to have the

staff provide a status report as it relates to the installation of the speed

humps on Avondale Drive and Howe Avenue that she had requested.



*** *** ***



UNITY SERVICES:



Councilor Woodson said on last year, there was a unity service that was

held in conjunction with her church and Reverend Roy Plummer?s church and

unfortunately they didn?t get the information in time. She said she would like

for everyone to put on their calendar, February 15th at 5:30 p.m. at Reverend

Plummer?s Church on Floyd Road. She said she would provide the Council with all

the information.



*** *** ***





STREET LIGHTS:



Councilor Suber said he needs for someone to check the street lights in

the Lawyers Lane and the Buena Vista Road area, as they have been out for some

time now. He said he recalled a few years ago that Georgia Power Company said

they would do an assessment often and would start repairing them much quicker

than they had in the past, but said it seems they have forgotten about that.



*** *** ***



LAWYERS LANE:



Councilor Suber said someone is coming around and doing a lot of work on

Lawyers Lane for some reason, the Water

Works or someone else, and said it really needs some resurfacing. He said he

has spoken with Deputy City Manager

Bishop about that some time ago and said we need to look at doing something

about resurfacing this street as soon as

possible.



*** *** ***



STREET LIGHTS:



Referring back to the subject of the street lights, City Manager Cavezza

said we do periodic surveys in conjunction with

Georgia Power Company and said what has been helpful, is for people to call it

in and they would have it repaired

within 72 hours.

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

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

CLERK OF COUNCIL?S AGENDA:



THE FOLLOWING TWO RESOLUTIONS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND APPROVED THE COUNCIL PURSUANT TO THE ADOPTION OF A MOTION MADE

BY COUNCILOR TURNER PUGH AND SECONDED BY COUNCILOR ALLEN, WHICH CARRIED

UNANIMOUSLY BY THOSE EIGHT MEMBERS OF COUNCIL PRESENT FOR THIS

MEETING:





A Resolution (14-04) - Excusing Councilor Wayne Anthony from the January

13, 2004 Council Meeting.



A Resolution (15-04) - Excusing Councilor Berry Henderson from the January

13, 2004 Council Meeting.



*** *** ***



THE FOLLOWING TEMPORARY STREET CLOSING APPLICATION WAS SUBMITTED BY CLERK

OF COUNCIL AND APPROVED BY THE COUNCIL:



Application of Ms. Barbara Smith to temporarily close the Dillingham

Street Bridge, on January 17, 2004 from 9:00 a.m. to 3:30 p.m. in connection

with the ?MLK Day Parade?.



Councilor Suber moved its approval. Seconded by Councilor Turner Pugh and

carried unanimously by those eight 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:







Council Briefing, September 9, 2003.

Elections & Registrations, November 6, 2003.

Golf Course Authority, October 28, 2003.

Housing Authority, November 19, 2003.

Pension Plan, Employees? Board of Trustees, October 1, 2003.

Pension Plan, Employees? Board of Trustees, November 5, 2003.

Taxicab Commission, July 15, 2003.

Taxicab Commission, August 6, 2003.



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

Councilor Woodson and carried unanimously by those eight members of Council

present for this meeting.



*** *** ***



BOARD APPOINTMENTS:



COOPERATIVE EXTENSION ADVISORY BOARD:



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

Mary Mills on the Cooperative Extension Advisory

Board will expire on December 31, 2003 and that she is not eligible to succeed

herself and that Council must

nominate someone for this seat. There were no nominations.



She said she is working with Ms. Lisa Gardner of the Chamber of Commerce

and Leadership Columbus to try to get

nominations for several of these boards.



*** *** ***



HISTORIC & ARCHITECTURAL REVIEW BOARD;



Clerk of Council Washington pointed out that Mr. Sidney Blackmon has been

nominated as the Historic Columbus Foundation?s representative to succeed Mr.

John Sheftall on the Historic & Architectural Review Board and advises that he

may be confirmed. Councilor Turner Pugh so moved. Seconded by Councilor Suber

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

meeting.



*** *** ***



HOSPITAL AUTHORITY:



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

of Ms. Donzy O?Dell, Mr. James Webster,

Mr. Robert Kelly and Mr. Harvey Phelps on the Hospital Authority expired on

November 14, 2003. She said Ms. O?Dell and

Mr. Webster are not eligible to succeed themselves, but Mr. Kelly and Mr.

Phelps are and that they have both been

nominated to succeed themselves; however, we still need two additional nominees

for those two positions, as well as

three nominees for Ms. O?Dell and Mr. Webster?s seat.



*** *** ***











MEDICAL CENTER HOSPITAL AUTHORITY:



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

Ashok Kumar and Mr. George Jeter on the

Medical Center Hospital Authority expired on December 31, 2003. She further

pointed out that Dr. Kumar is eligible

to succeed himself, and has been nominated for another term of office, but we

still need two additional nominees.



*** *** ***



PERSONNEL REVIEW BOARD:



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

Warren Steele on the Personnel Review Board

expired on December 31, 2003 and that he does not wish to be reappointed.







She said that Councilor Allen had asked that we check with those alternate

members to see if there was anyone who

was interested in moving up whenever there becomes a vacancy on the board and

said that she has worked with the

Secretary to the Board and it has been determined that Mr. David Edwards would

like to be moved up to a regular member

status and then requested that he be nominated.



Councilor Allen then nominated Mr. Edwards to succeed Mr. Warren Steele.



Clerk of Councli Washington said she would bring this back on next week

for the Council?s confirmation.



*** *** ***



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

was not listed on the Public Agenda, but had an issue to bring before the

Council, they could be heard at this time.



Mr. David Reinhour said he wanted to get on the Agenda in regards to

employment, but said you have to go into executive session, to which Mayor Pro

Tem Rodgers said that is correct.



*** *** ***



EXECUTIVE SESSION:



Regarding an earlier request of City Manager Cavezza to go into an

executive session to discuss a personnel matter, Councilor Allen so moved.

Seconded by Councilor McDaniel and carried unanimously.

.



*** *** ***



At 10:53 A.M., the Council adjourned its regular session to allow the

Council to go into executive session.



At 11:07 A.M., the meeting was called back to order at which time Mayor

Pro Tem Rodgers pointed out that the Council met in executive session to

discuss a personnel issue, but there were no votes taken.



*** *** ***



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

Allen then made a motion for adjournment. Seconded by Councilor Turner Pugh and

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

Councilor Suber having left the meeting immediately after the adjournment of

the executive session. This meeting was then adjourned at

11:10 A.M.



*** *** ***





Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia