Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

AUGUST 12, 2003



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

order at 9:00 A.M., Tuesday, August 12, 2003, on the Plaza Level of the

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

presiding.



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PRESENT: Present other than Mayor Poydasheff were Councilors R. Gary Allen,

Wayne Anthony, Glenn Davis, Julius H. Hunter, Jr., Berry H. Henderson, Charles

E. McDaniel and Nathan Suber. City Manager Carmen Cavezza and City Attorney

Clifton Fay were also present.



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ABSENT: Mayor Pro Tem John J. Rodgers and Councilors Evelyn Turner Pugh and

Evelyn Woodson were absent, but was officially excused upon the adoption of

Resolution Number 400-03, 401-03 & 402-03, respectively. Clerk of Council Tiny

B. Washington and Deputy Clerk Sandra Davis were also absent.



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Mayor Poydasheff pointed out the reason Clerk of Council Washington is not

present here this morning is due to her aunt having suffered a major stroke and

said that this meeting is being fully recorded; so, therefore, we will have

minutes of this meeting.



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INVOCATION: Offered by Reverend R. Douglas Force - St. Mary?s United Methodist

Church.



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PLEDGE OF ALLEGIANCE: Led by Zachery Jackson.

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MINUTES: Minutes of the August 5, 2003 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

Suber, which carried unanimously by those seven members of Council present for

this meeting.

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OPERATION HEART BEAT:



Mrs. Jo McDaniel said she is delighted to be here once again this morning

and to tell you a wonderful story, as well as to recognize some individuals

that were very critical participants in this story.



She said it was six years ago on Saturday that Councilor McDaniel was

saved by CPR and it was at that point that she became so aware of how critical

it is to know CPR.



Mrs. McDaniel said she was before this Council on July 29th, whereby she

recognized four individuals that saved a 7-year old boy from drowning and

didn?t realize that she would be back before you so soon to recognize someone

else, less than a month. She said recently there were two young men?s lives

that were saved because somebody performed CPR. She said as she mentioned on

July 29th when she was here to honor the four hotel workers, she stated that

they never expected to be involved in saving anybody?s lives, as well as these

three individuals that we have here today.



She said it is so important for everyone to learn CPR and said if there is

anyone who hasn?t learned it and want to, please let her know because she knows

how to get it done.



Mrs. McDaniel said on Sunday, August 5, airplanes from all over our

country came in to Columbus, as there were three Ranger units that came in and

dropped some 1300 soldiers down from parachute. She said there were several

soldiers who were in a truck and got stuck in a field and began to walk towards

the base operations building, to get out of the rain, when a bolt of lightning

struck.



She said Mr. John Campbell?s wife, who was unable to be present today

noticed these men walking and mentioned it to her husband. She said Mr.

Campbell then went to get his truck to bring these soldiers in off the field.



Mrs. McDaniel then went into some details in explaining how the situation

which occurred and how Mr. John Campbell, along with Air Force Technical

Sergeant John W. Doyle and Air Force Staff Sergeant Brian Sinclair help to save

the lives of Sergeant Curtis Donaldson and Sergeant Patterson.



She then presented to these three individuals, the Operations Heart Beat

Medal, as well as a Certificate of Appreciation for their assistance in the

saving of these two gentlemen?s lives.



Mayor Poydasheff thanked Mrs. Jo McDaniel once again for all the great

work that she does here in the community.

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CITY ATTORNEY?S AGENDA:



WITH THOSE NAMED IN THE RESOLUTION STANDING AT THE COUNCIL TABLE, THE

FOLLOWING RESOLUTION WAS READ IN ITS ENTIRETY BY COUNCILOR HENDERSON AND

ADOPTED BY THE

COUNCIL:





A Resolution (394-03) - Commending Howard Johnson Hotel employees

for their selfless acts in rescuing a seven-year-old boy on July 6, 2003.

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

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

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PROCLAMATIONS:



?HEALTHCARE WEEK?:



With Ms. Sara Lang, Executive Director of Valley Healthcare, Inc.,

standing at the Council table, Councilor Anthony read Mayor Poydasheff?s

proclamation, proclaiming August 10 - 16, 2003, as ?Healthcare Centers Week? in

Columbus, Georgia.

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WITH THOSE NAMED IN THE RESOLUTION STANDING AT THE COUNCIL TABLE, THE

FOLLOWING RESOLUTION WAS READ IN ITS ENTIRETY BY COUNCILOR HUNTER AND ADOPTED

BY THE

COUNCIL:





A Resolution (395-03) - Commending and congratulating the Columbus Blazers

Basketball Team and Coaches upon their championship victory in the 2003 Youth

Basketball of America Tournament. Councilor Hunter moved its adoption. Seconded

by Councilor Davis and carried unanimously by those seven members of Council

present for this meeting.



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THE FOLLOWING RESOLUTION WAS DELAYED BY THE COUNCIL, AT THE REQUEST OF ITS

SPONSOR, COUNCILOR

HUNTER:





A Resolution - Commending and expressing appreciation to W. C. Bradley

Company and Home Depot for their generous contributions to the KaBoom Community

Playground which will be installed at Benning Hills Park.

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



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WORLD WAR II MEMORIAL:



Mr. Jim Rhodes appeared and said the time has come that we are beginning

to make preparations for the National Memorial to be held in Washington, D.C.

on May 29, 2004. He said they were very fortunate in the year 2000 that one of

their corporate sponsors in this City, which was AFLAC, sponsored the trip,

which included 44 veterans that went on this trip. He said there were over

20,000 individuals present for this event.



He said he has written a letter to AFLAC again this year, asking them to

sponsor our trip; however, time is of essence and said that is why he is here

before the Council. He said he is here to ask for a commitment from the Council

in that they would be their backup, in the event AFLAC does not sponsor their

trip this year.



Mr. Rhodes said the bus will cost $3,960.00 and said the hotel rooms,

where they have made reservations in Alexandria would be $4,544.00 for a total

of $8,504.00. He said he thinks that this would be a small amount for the

Council to make a commitment for.



Mayor Poydasheff said he would recommend that Mr. Rhodes sit down with the

City Manager because he doesn't know if the City has the authority to do that,

but said he can guarantee you that he will help him to raise funds.

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ZONING PUBLIC HEARINGS:



THE FOLLOWING THREE ZONING ORDINANCES WERE SUBMITTED AND THEIR CAPTIONS

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

ADVERTISED:





An Ordinance - Rezoning approximately 1.1 acres of property located at

5114 and 5124 Buena Vista Road from a C-3 District to an R-1A District.

(18-A-03-Joe Denson)



City Attorney Fay said this property is used for residential purposes

already and said he believes this is just for refinancing to conform with the

residential zoning.

PROPONENTS & OPPONENTS:



Mr. Joe Denson, the petitioner was present, but he did not make a

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

ordinance.



Councilor Suber said this will be between two pieces of commercial

property and realizing that if a citizen has a commercial piece of property and

they want to put whatever is already deemed appropriate in there, then there is

no way Mr. Denson can come back to this Council and say that he is against this

particular business going into this commercial piece of property.



He said it appears somewhat to be spot zoning in that you are putting this

into a residential area, which is usually unheard of that we do this. He said

for the protection of Mr. Denson and all those other persons who might want to

purchase a piece of home property there, the considerations needs to be made up

front that those two pieces of property on the side of you, whatever goes, C-3

can go and there is nothing we can do about it; and then asked Mr. Denson if he

has thought about that.



Mr. Denson said the home that he lives in and the residence next door has

always been used as residential and said there were no objections to the two

businesses that are there now. He said approximately 25 years ago all four

plots within that block was rezoned to facilitate a youth center at the church

and said everyone in those homes were members of the church.



He said in order to refinance his home and get a much lower interest rate,

he would have to be zoned for what the actual use is, which has always been

residential.



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An Ordinance - Rezoning approximately 1.96 acres of property located at

3603 Weems Road from an R-1 District to an A-0 District. (19-A-03-Alan

Rothschild, Jr.)



City Attorney Fay said this is for the Visitor Center, the botanical

garden.



PROPONENTS & OPPONENTS:



Mr. Alan Rothschild, the petitioner was present, but he did not make a

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

ordinance.



Councilor Davis said it has come to his attention that there is an

extremely dangerous portion of road right there close to this property that is

being rezoned. He said he has had some complaints about traffic hazards in that

area.



He said he would like for the staff to go out there and take a look at

Highland Avenue and come back with some possible solutions of how we can work

to improve the coordination of traffic out there and smooth things out a little.



An Ordinance - Rezoning approximately 0.30 acres of property located at

4008 Willis Road from an R-1A District to an A-0 District. (20-CA-03-Charles

Calhoun, MD)



PROPONENTS & OPPONENTS:



A representative of Dr. Charles Calhoun was present, but they did not make

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

ordinance.

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CITY ATTORNEY?S AGENDA CONTNUED:



THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY

AND ADOPTED BY THE COUNCIL ON SECOND READING:



An Ordinance (03-65) - Repealing Section 16B-15-7 of the Columbus Code

(Military Leave) and replacing it with Human Resources Policy Number 220-401

(Military Leave Policy). Councilor Suber moved its adoption. Seconded by

Councilor Allen and carried unanimously by those seven members of Council

present for this meeting.



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WILLIS ROAD:



Councilor McDaniel asked City Manager Cavezza if there were any plans in

the future to widen Willis Road, as it is a narrow road and there are a lot of

apartments being built on that particular road.



City Manager Cavezza said at this point, there are no plans to widen this

road and said the particular area that we are talking about today is a parking

lot. He said there would be no more curb cuts, but they will use the existing

curb cuts in the adjoining parking lot.



Councilor McDaniel said maybe we could put it on the list to look at it

for widening.



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AT THE REQUEST OF MAYOR POYDASHEFF, THE FOLLOWING RESOLUTION WAS CALLED UP

AS THE NEXT ORDER OF BUSINESS AND ADOPTED BY THE COUNCIL:



A Resolution (392-03) - Authorizing the payment of extended military

active duty benefits for activated military reserve and national guard

members. Councilor McDaniel moved its adoption. Seconded by Councilor Allen

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

meeting.



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THE FOLLOWING ORDINANCE WAS ALSO SUBMITTED AND EXPLAINED BY CITY ATTORNEY

FAY AND INTRODUCED ON FIRST

READING:



An Ordinance - Providing for the demolition of structures located at 1312

- 23rd Street (Clarence Biggers, owner), 4819 - 12th Avenue (Charles Brown,

owner), 4766 Kolb Avenue 1 & 2 (Robert Huling, owner), 1443 - 22nd Street

(Douglas K. McLeod, Sr., owner), 3913 - 3rd Avenue (Therman Glean Nichols,

owner), 4621 Holly Avenue (Precious Pollard, owner), and for demolition

services for the Inspections and Code Division in accordance with Tabulation of

Bid sheet.



City Manager Cavezza said he would like to request the property located at

4819 ? 12th Avenue, owned by Mr. Charles Brown be removed from the list. He

said Mr. Brown has done a lot of work and is about to conclude that work.

Councilor Allen made a motion that it be removed. Seconded by Councilor

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

this meeting.



City Attorney Fay then asked if there were anyone present who wanted to be

heard on any of these structures, they could be heard at this time.



Ms. Mary Williams appeared and said she is the daughter of Robert Huling

who owns the property located at 4766 Kolb Avenue, 1 & 2. She said her father

lost his life in the home on January 28, 2003, which was the first victim of a

fire for this year. She said it was not because of the home or anything, but

said there was an explosion as he was working back there.



She said this piece of property holds a lot of sentimental values, because

most of her children were raised in this home. She said the inspectors are

looking at the outside of the home and not the inside, because she has done a

lot of work to this house. She said her father took out a mortgage on that

house, which has a lien on it from Citizens Finance.



Ms. Williams said she and her son-in-law are working on the house trying

to bring it up to Code. She said they are redoing the front with bricks, as

well as putting up siding and redoing the bathroom floors. She said she is

going to need some more time to have all this done. She said she brought some

pictures for the Council to look at and said the inspectors were judging the

house from the outside and not the inside.



Ms. Williams said her attorney, Mr. Ed Beyers, was unable to be present on

this morning, due to him having a case in Harris County, but told her to ask

the Council for some additional time to get this work completed.



Councilor Allen said he needed to get clarification as to the ownership of

the property and asked if it is in Probate Court and who has authority over the

property at this point. City Attorney said he doesn?t know if there is any

Estate involved.



Ms. Williams said her attorney is getting the property into her name,

because it is still in her father?s name.



Mayor Poydasheff asked that we delay this matter for one week until such

time as Ms. Williams? attorney can be present, as he is somewhat reluctant to

have a client speak when she has already stated that she has an attorney.



City Manager Cavezza said that he would suggest that we keep it on first

reading and said if Ms. Williams is going to end up with the property, what she

needs is a contractor to help her with the property, because it is really in

bad shape. He said it is not something that an individual is going to be able

to do because it is a major effort.



Mayor Poydasheff asked Ms. Williams to have her attorney to contact our

Inspections & Code Enforcement Division and also told her this piece of

property will remain on the list until next week.



Councilor Henderson, speaking to Ms. Williams, said from the pictures that

have been distributed around the Council table, it appears that the house is in

really bad shape; however, it does appear that some work has been done on the

interior.



He then told Ms. Williams that it is essential that she get a contractor

and get a detailed list of code violations and everything that she needs before

she comes back to this Council on next week.

Councilor Henderson said when your attorney comes back before the Council,

what we will be looking for is that there is some kind of a contract in force

and a timeline from a contractor, as well as you have someone who can do the

work up to code. He said we don?t want to tear the house down, but have to take

the quickest remedy that will not only help you, but the neighbors that have to

look at this house on the outside.



Mr. Bruce Buckner, Ms. Williams? son-in-law, also appeared and pointed out

that he has been overseeing the work to make sure it was done correctly. He

said the initial framing was the real problem that the inspector had and when

they got the contractor to come back out and redo it, a different inspector

came out and inspected it before the sheetrock and all the other work was done

and signed off on it.



After further discussions, City Attorney Fay asked that Ms. Williams have

her attorney to get in contact with our Inspections & Code Enforcement people.



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Mr. Nathaniel Pollard appeared and said he is here representing the

property at 4621 Holly Avenue and his mother Precious Pollard is deceased. He

said he was asked to find out about the program that the City has to help

individuals to fix up houses and said that he did get on that program about a

year ago. He said he was Number 128 on the list and he called back four months

ago and said he has been moved up to Number 77 and today he is now Number 44 on

the list.



He said he went down and got a permit and did the majority of the work

that he could himself. He said he is trying all he can, to do what he can to

the house and he has done a lot to the house.



Councilor Allen asked Mr. Pollard if the house was still in his deceased

mother?s name, to which Mr. Pollard said it is. Mr. Pollard said he doesn?t

have an attorney and said he is working on trying to get the house changed over

into his name.



Mr. Pollard then responded to several questions of the Council.



After continued discussion on this matter, Mayor Poydasheff said we would

have to check on the notice and get it to all the siblings and recommend that

we leave it on first reading for the time being.



Mr. Pollard then responded to further questions of members of the Council,

after which Mayor Poydasheff suggested that he get him an attorney, as well as

talk with Ms. Wiggins of the Inspections & Code Enforcement Division.



City Manager Cavezza said if Mr. Pollard were to get a loan, it would be

2-3 years based on the way that list is moving and obviously he is not

physically able to deal with this house himself. He said he thinks that we are

prolonging the inevitable. He said we are putting a lot of emphasis on

Beallwood to try to upgrade that area. He said since it is in such bad shape,

we had considered buying it; however, Mr. Pollard said no one ever approached

him about buying it.



Mayor Poydasheff then suggested that City Manager Cavezza and City

Attorney Fay sit down and talk with Mr. Pollard about this situation.



Ms. Rebecca Wiggins then responded to questions of members of the

Council.



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THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED

BY CITY ATTORNEY FAY AND ADOPTED BY THE COUNCIL:



A Resolution (393-03) - Authorizing, approving and ratifying the

execution of a Grant Agreement by and among the United States of America,

acting through the Federal Aviation Administration, the Columbus Airport

Commission and Columbus, Georgia. Councilor Allen moved its adoption. Seconded

by Councilor Suber and carried unanimously by those seven members of Council

present for this meeting.

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PUBLIC AGENDA:



MR. RAND JONES & MR. KEN GREEN, REPRESENTING ZAXBY?S RESTAURANT, RE: TO

INTRODUCE THE NEW ZAXBY?S RESTAURANT ON BUENA VISTA ROAD:



Mr. Ken Green appeared and gave some history of Zaxby?s. He said the

company was founded in 1990 and said what the founders were looking for was

something besides the fast food concept. He said they were looking to go out

and create a fresh product to give to the customers, because people are tired

of hamburgers and quick fast food. He said the first store was opened up in

Statesboro in 1990 and in Valdosta in 1991-1992 and said the rest is history.



Mr. Green said the Buena Vista Road store was opened up on yesterday and

this is Store Number 165 and said their goal is to have 1,000 stores by the

Year 2005.



He said they had overwhelming support of the neighborhood during their

grand opening on yesterday and it was the largest grand opening that they have

ever had, with the first day sales being higher than any other store that they

have opened up.



Mr. Green said there seems to be a lot of property available on the south

side of Macon Road where the new library is going. He said there is a lot of

road frontage out there and then asked, why couldn?t you sell off some of those

out parcels from that property.



Mayor Poydasheff said he and the City Manager are working on that, as they

meet with the School Board regularly. He said there is a midtown project

committee who are working on that, which will all coincide with South Columbus.

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CITY MANAGER?S AGENDA:



THE FOLLOWING TWO RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY MANAGER

CAVEZZA AND ADOPTED BY THE

COUNCIL:



A Resolution (396-03) - Authorizing and granting Victory Crossing

Apartments, L.P. tax exemptions, as allowed under the Enterprise Zone

Ordinance(s) 98-30;00-106; and 01-29 for the project located at 3323 North

Lumpkin Road and providing other financial incentives to include exemption of

Building Permit Fees; Sign Permit Fees; Business License Administration Fees;

Rezoning Fees; and Engineering Fees. Councilor Suber moved its adoption.

Seconded by Councilor Allen and carried unanimously by those seven members of

Council present for this meeting.



A Resolution (397-03) - Authorizing the execution of a deed, for the sale

of 5.682 acres +/- of property located along the west of the inert landfill at

0 River Road a/k/a tax map 171-013-010, (see letter and survey) in Columbus,

Muscogee County, Georgia. Councilor Suber moved its adoption. Seconded by

Councilor Allen and carried unanimously by those seven members of Council

present for this meeting.



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THE FOLLOWING TWO PURCHASING RESOLUTIONS, HAVING BEEN INCLUDED WITH THE

CITY MANAGER?S AGENDA WERE ALSO 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 MCDANIEL, WHICH CARRIED UNANIMOUSLY

BY THOSE SEVEN MEMBERS OF COUNCIL PRESENT FOR THIS

MEETING:



A Resolution (398-03) - Approving the purchase of replenishable emergency

medical supplies for the estimated annual contract amount of $103,409.75 from

Emergency Medical Products, Inc., Bound Tree Medical LLC, American LaFrance

Medicmaster, Tri-Anim Healthcare Services, Inc., QuadMed Inc., Suncoast

Surgical Supply, Matrx Medical, Inc., Moore Medical Corporation, S&W Healthcare

Corporation, Alliance Medical, Inc., Southeastern Emergency Equipment, Edcor

Safety. The various supplies include airway supplies, I.V. supplies, oxygen

supplies, general bandages, exposure control supplies and miscellaneous items

that will be purchased on an "as needed basis? by Fire and EMS and Public

Services Department.



A Resolution (399-03) - Authorizing the purchase of one (1) police

motorcycle from Chattahoochee Harley Davidson, Inc., (Columbus, GA) in the

amount of $17,800.00. The motorcycle is a replacement and will be used by the

Motor Transport Division of the Columbus Police Department for traffic control

and motor vehicle accident response and investigation throughout the City.



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ARCHWAY BROADCASTING:



Mayor Poydasheff said Mr. Greg Delmonaco of Archway Broadcasting, who had

been working with the City on some projects died of a heart attack on yesterday

and said if the Council members got an opportunity, they might want to go by

and offer their condolences, as they have been very supportive of the City.



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NORTHSIDE HIGH SCHOOL:



Councilor Henderson apprised the City Manager of the traffic concerns

during the first day of school on yesterday morning and said that we need to

look at doing a traffic study around Northside High School, as well as to

arrange a meeting with DOT, principal and other MSCD personnel to determine the

options in dealing with the traffic concerns in this area.



City Manager Cavezza said he and Deputy City Manager Richard Bishop met

with Mr. Sam Wellborn of the Department of Transportation on yesterday and said

that was one of the topics that they talked about. He said Mr. Bishop is going

to the Department of Transportation with Mr. Wellborn and present our wish list

to them.



He said the left-turn lane won?t solve the problem, but it will help and

said they are trying to get that remedied. He said effective this morning we

have police officers to help facilitate the traffic until we get through these

first few days.



Councilor Henderson said he has had several parents suggest that if we put

some kind of a left-turn movement or signalization and only activate it during

the pre-school and immediately after school hours, it would not impact the

regular flow of traffic with that intersection.



City Manager Cavezza said we will do all those things in an effort to

alleviate that problem.

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CLERK OF COUNCIL?S AGENDA:



DUE TO THE ABSENCE OF CLERK OF COUNCIL WASHINGTON, THE CLERK?S AGENDA WAS

PRESENTED BY CITY MANAGER CARMEN CAVEZZA.



THE FOLLOWING ITEMS WERE SUBMITTED BY CITY MANAGER CAVEZZA AS INFORMATION

FOR THE MAYOR AND

COUNCIL:



(1) Memorandum from GMA, Re: GMA hearing on Water Permit Trading, August 28,

2003 in Macon, Georgia.



(2) Memorandum from Clerk of Council Washington, Re: Downtown Development

Authority.



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DOWNTOWN DEVELOPMENT AUTHORITY:



City Manager Cavezza said there are three vacancies coming up on this

board and said there are some recommendations that he has for this board.



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THE FOLLOWING THREE 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 HENDERSON AND SECONDED BY COUNCILOR SUBER, WHICH

CARRIED UNANIMOUSLY BY THOSE SEVEN MEMBERS OF COUNCIL PRESENT FOR THIS

MEETING:



A Resolution (400-03) - Excusing Councilor Evelyn Turner Pugh from the

August 12, 2003 Council Meeting.



A Resolution (401-03) - Excusing Councilor Evelyn Woodson from the August

12, 2003 Council Meeting.



A Resolution (402-03) - Excusing Mayor Pro Tem John J. Rodgers from the

August 12, 2003 Council Meeting.



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DEVELOPMENT AUTHORITY & INDUSTRIAL & PORT DEVELOPMENT COMMISSION:



City Manager Cavezza pointed out that Clerk of Council Washington has

submitted a letter from Ms. Deborah Lane resigning from her position on the

Downtown Development Authority and the Industrial & Port Development

Commission. Councilor Allen moved the letter be received with regrets and

thanks for service. Seconded by Councilor McDaniel and carried unanimously by

those seven members of Council present for this meeting.



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ZONING PUBLIC HEARING:



City Manager Cavezza pointed out that Clerk of Council Washington has

submitted a letter from Mr. Fred D. Peak, requesting that a public hearing be

called on the rezoning petition submitted by Preston Holdings, LLC to rezone

approximately 4.5 acres of property located at 1602 Celeste Drive from a

R-1A/R-2 Districts to an R-3A District. (5-D-03-Preston Holdings, LLC)



Councilor McDaniel then called for the ordinance and public hearing for

this proposed rezoning request.



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MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CITY MANAGER CAVEZZA AND

OFFICIALLY RECEIVED BY THE

COUNCIL:



Budget Review Committee, May 6, 2003.

Family and Children Services, July 30, 2003.

Golf Course Authority, June 24, 2003.

Tax Assessors, No. 30.



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

Councilor Suber and carried unanimously by those seven members of Council

present for this meeting.



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THE FOLLOWING TWO NEW ZONING PETITIONS, RECOMMENDED FOR CONDITIONAL

APPROVAL BY BOTH THE PLANNING ADVISORY COMMISSION AND THE PLANNING DIVISION,

WERE SUBMITTED BY CITY MANAGER CAVEZZA AND AN ORDINANCE AND PUBLIC HEARING WERE

CALLED FOR BY COUNCILOR MCDANIEL:

Petition submitted by St. Thomas Episcopal Church to rezone approximately

11.98 acres of property located at 2100 Hilton Avenue & 2500 Woodcrest Drive

from an R-1A District to an R-3 District. (26-CA-03-St. Thomas Episcopal Church)



Petition submitted by Steve Corbett to rezone approximately 2.5

acres of property located northeast of 1700 Fountain Court from a C-3 District

to an A-O District. (27-CA-03-Corbett)





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BOARD APPOINTMENTS:



CONVENTION & TRADE CENTER AUTHORITY:



City Manager Cavezza pointed out that Mr. Frank Etheridge has been

nominated to succeed Ms. Lori Canterbury on the Convention & Trade Center

Authority. Councilor Henderson then moved he be confirmed. Seconded by

Councilor Allen and carried unanimously by those seven members of Council

present for this meeting.



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HISTORIC & ARCHITECTURAL REVIEW BOARD:



City Manager Cavezza pointed out that we are still waiting on a

recommendation from the Liberty Cultural Center for someone to succeed Mr.

Thomas Pooler on this board.



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TAXICAB COMMISSION:



City Manager Cavezza pointed out that we still need someone for Mr. Gerald

Ludwig's at-large seat on the Taxicab Commission. There were no nominations.



He said that the Taxicab Commission met on last week and said they have

finalized their draft ordinance and will be going over it with him and we will

soon be coming to the Council to address some of these issues.



*** *** ***



YOUTH ADVISORY COUNCIL:



City Manager Cavezza pointed out that we still need some additional

nominees for the Youth Advisory Council. He said they are getting ready to kick

off their activities for the coming year.



Mayor Poydasheff urged the Council members to please get their nominations

in.



Councilor Allen asked City Manager Cavezza to provide him with the Youth

Advisory Council information so that when he talk with a candidate, he can

provide them with all the information that they need.



Councilor Anthony said he needs that information as well.





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UPCOMING EVENTS:



City Manager Cavezza highlighted some upcoming events, which are outlined

below.





Day

Tues

Thurs

Tue





*** *** ***



Mayor Poydasheff then asked if there was anyone present in the audience

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

Council, they could be heard at this time.



Mr. Woody Murrah, 3936 Dexter Drive said he is here to make a request of

the Mayor and Council to repeal Section 49-14, which is the ordinance that

deals with vulgar and profane language on the telephone. He said it is an

egregious violation of the First Amendment of the United States Constitution.



He said you have written an ordinance, in which you have stated that

certain words in the English language will be unlawful. He said you have

criminalized the English language and that is an absolute violation of the

First Amendment and he would request that you repeal this ordinance.



Mayor Poydasheff then asked City Attorney Fay to look into that. City

Attorney Fay said there are not any particular words that are criminalized by

the ordinance, but said the Chief of Police is looking into that since there

are other state laws and ordinances that covers that same type of violation

without getting into the First Amendment area. He said the Chief will recommend

appropriate action and if it needs repealing, it will be repealed.



Mr. Murrah said the City Attorney has stated that there is no words that

have been criminalized and then asked, what is profane language and how would

you enforce the ordinance, because there is a man in jail behind this

particular ordinance.



City Attorney Fay said the police officer enforces it, depending on the

particular situation.



Mr. Murrah then asked City Attorney Fay, who is qualified to make that

decision, after which Mayor Poydasheff pointed out that this matter is being

looked into and said he doesn?t have a timeframe on that research.



***

*** ***



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

McDaniel then made a motion for adjournment. Seconded by Councilor Allen

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

meeting, with the time being 10:35 A.M.









Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia