Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

AUGUST 19, 2003



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

order at 9:00 A.M., Tuesday, August 19, 2003, 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, Julius H. Hunter, Jr.,

Berry H. Henderson, Charles E. McDaniel, 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 Sandra Davis were also present.



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ABSENT: No one was absent.



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INVOCATION: Offered by Minister Reather Collie of Macedonia Christian

Ministries.



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PLEDGE OF ALLEGIANCE: Led by Fourth Street Baptist Church Daycare Center.

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Mayor Poydasheff said many of you may have been reading about the great

coverage that the Columbus Ledger-Enquirer Newspaper has given the City, the

Chamber of Commerce and the Development Authority on our good fortune to land a

major international industry here in Columbus, Georgia.



He said nothing would have been possible without this Council and our

former Mayor, Bobby Peters when you decided to rezone and accept property from

Fort Benning. He said he knows that this was a very long process, which he was

involved in when City Manager Cavezza was the former Commanding General of Fort

Benning and he was in banking.



Mayor Poydahseff said this Council saw to it that we were able to make

that deal work, due to the work that you have done, along with Mr. Mike Gaymon,

the Chamber of Commerce, Mr. Bob Gilson and the Development Authority. He said

a lot of work also went into this project by Ms. Becca Hardin of the Chamber of

Commerce, Mr. Biff Harden, Mr. Billy Blanchard and Colonel Stan Skafe.



He said it is the private/public partnership we have developed that makes

us the lead City in the southeast in that regard. He said this will give us

approximately 200 jobs and will be a good type manufacturing industry in the

area.



Mayor Poydasheff said initially there will be a construction cost of about

$20,000,000.00 and said we will continue to partner and support Fort Benning,

as we have always done. He said he considers this Council, the unsung heroes

and said he wants to thank you, as well as, City Manager Cavezza, for the

yeoman work that was done in this regard.



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PRAYERS FOR SOLIDERS:



Councilor Woodson said she would like to thank everyone as well as the

Council for offering their prayers for her son who was over in Iraq. She said

her son came home on last week and that is why she wasn?t at the Council

meeting, because she was home greeting him.



She said she would like to thank everyone for the prayers and support for

all the solders and said when you see any of them let them know how much you

appreciate them, because they went through a lot.



Mayor Poydasheff said we can?t do a lot of things, but said one thing that

the people of Columbus can do is to pray for the safe return of our military.

He said he and City Manager Cavezza were discussing with Mr. Mike Gaymon of the

Chamber of Commerce and Mr. Tom Cook about issuing a proclamation on next week,

asking the people of Columbus when you see someone in uniform, to please thank

them for their service.

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?NATIONAL WEATHER SERVICE?:



Mr. Barry Gooden of the National Weather Service said they are here today

to commend the City of Columbus for the outstanding work that they have done

towards becoming a storm ready community.



He said storm ready is a program that was developed by the National

Weather Service for the purpose of helping us to better understand what

Emergency Management Managers do within the County, as well as help them to

better organize their preparedness efforts they have.



Mr. Gooden said one of the things that is required for becoming a storm

ready community is certainly having multiple ways of receiving weather

information. He said without knowing what?s going on, you can?t very well have

a prepared county, but said Emergency Management Director Riley Land and Fire

Chief Roy Waters has done an excellent job of capsulating all of this

information and putting it into prospective. He said they also have multiple

ways of receiving warnings and having multiple ways of disseminating the

information out to the general public, as well as having multiple ways of

measuring atmospheric conditions, water and weather conditions to see what?s

coming into Muscogee County and then sharing that information with them at the

Weather Service.



He said they have also done an excellent job of making sure that the

public is aware of how to respond when severe weather enters into Columbus,

Muscogee County.



Mr. Gooden said because of that, along with other administrative things,

they have done an excellent job and we are here today to provide some

recognition for those efforts.



Mayor Poydasheff said we need to thank our local media, Channel 9, Channel

3 and WRCG Radio, who also works in partnership with us to disseminate that

information.

Mr. Lance Rosefuth, Meteorologist, in charge of the National Weather

Service in Peachtree City, then appeared and went into some details in

highlighting some of the things that happen when there is a dark and stormy

night and severe weather that is threatening. He said once they have done

everything that they could do to get that information out, they rely on the

partnerships of the Emergency Management Departments and the media, to inform

the public that a storm is threatening.



However, it doesn?t stop there and said storm ready recognizes the

community that is storm ready, but does not means the community is storm proof;

but said what they ask is that the people take the extra step to make

themselves storm ready.



Mr. Rosefuth said now that we are recognizing Columbus, Muscogee County,

we ask the community, in terms of the public, if they are personally storm

ready. He said these are things to think about as we move toward the storm

seasons next Spring.



He then asked Mayor Poydasheff to come forward, after which a sign was

unveiled, making Columbus a storm ready City.



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COLUMBUS POLICE DEPARTMENT:



Major Julius Graham of the Columbus Police said they are here this morning

to briefly explain to you and show you the fruits of our labor in our efforts

to make the streets of Columbus safe. He said their efforts to keep the

streets of Columbus safe not only takes in the issuing of citations, but it

also takes in making the public aware of our traffic enforcement efforts in

order to make the streets of Columbus safe. He said this year, as well as last

year, they participated in a program, which is sponsored by the Governor?s

Office of Highway Safety in reference to making our streets and roadways safe

here in Columbus. He said this is a statewide and yearly program.



He said because of our participation and efforts by the officers of the

Columbus Police Department, they received an award for participating in this

program.



Major Graham said with him this morning are the Supervisors in the Police

Department who were instrumental in putting together this package to represent

our City in this statewide effort, to make the streets and roadways safe for

our citizens. He then introduced Lt. Renee McAneny, Sergeant Curtis Lockett and

Sergeant Dent.



Lt. McAneny said Sergeant Lockett and Sergeant Dent do a lot of the work

and supervise the people who put together all of the campaigns that we are

involved in. She said the Governor?s Office of Highway Safety is basically a

lot of programs that they participate in throughout the year, which includes

?Tick It or Click It?, ?Drink & Drive ? You Lose?, Zero Tolerance?, as well as

a multitude of other programs that they are involved in.



She said Sergeants Lockett and Dent are the ones that make sure the

officers do it and the paperwork is turned in. She said they were compared to

other departments of their size among the State of other law enforcement

agencies and to come out Number One is truly awesome.



Sergeant Lockett said highway safety is a big concern for the Columbus

Police Department and said they are committed to saving lives and preventing

unintentional injuries, especially in our children. He said the number one

killer, the leading cause of death of people in America for thirty-three years

is traffic accidents, and said that is why it is so important to them.



He said the credit not only goes to them, but the citizens as well,

because they go out and train, educate through the road checks, do child safety

seat checks and the people respond by doing it correctly.



Sergeant Lockett said with the support of the Police Department and the

City Council and everyone involved, they have made a difference.



Sergeant Dent said most of the credit goes to Sergeant Lockett, as he set

the bar for him and he has some big shoes for him to fill. He said they

received First Place in the agency with 250 ? 500 people category and is

something that they are really proud of.



He said also as a reward for their achievement, they received a custom pro

laser speed-measuring device, which is a $3,000 piece of equipment and said it

is something that the department will be able to use in speed enforcement. He

said he would like to reiterate the point that it is not just enforcement and

citation writing, but they are trying to educate the citizens about wearing

seat belts, child safety seats and not driving under the influence.



Mayor Poydasheff and Councilor Davis thanked the officers for being here

this morning and said that we really appreciate you and thank them for what

they do for the City of Columbus.

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PROCLAMATIONS:



DEATH OF GREGORY DAVID DELMONACO:



With Mr. Chuck Thomason, Manager of Arch Way Broadcasting, standing at the

Council table, Councilor Allen read Mayor Poydasheff?s proclamation,

proclaiming August 16, 2003, the day of Mr. Gregory David Delmonaco?s funeral,

a ?Special Day of Remembrance? for Gregory David Delmonaco.

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MINUTES: Minutes of the August 12, 2003 Meeting of the Council of the

Consolidated Government of Columbus, Georgia was submitted and approved upon

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

Councilor Woodson, which carried unanimously by those ten members of Council

present for this meeting.

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ZONING PUBLIC HEARINGS:



THE FOLLOWING THREE ZONING ORDINANCES WERE ALSO SUBMITTED AND THEIR

CAPTIONS READ BY CITY ATTORNEY FAY AND AN ORDINANCE WAS HELD ON EACH AS

ADVERTISED:





An Ordinance - Rezoning approximately 59 acres of property located on the

north and east of the northeast corner of Whitesville Road and Double Churches

Road, froman R-1 District to an R-1A, A-O and R-3A Districts.

(21-CA-03-Charles Land)



PROPONENTS:



Ms. Lucy Jones, 2900 Warm Springs Road, representing the petitioner, in

response to a question of Councilor Davis as to whether or not this area was to

be considered as a PUD, Planning Unit Development, said they are not describing

it as a PUD; however, what they are looking at doing, is a transitional

development. She said what they are looking at doing is taking the development

from the 25 acres that has been zoned commercially for the last 25-30 years and

going from that to office, to multi-family to residential. She said they heard

a lot from the City that local residents didn?t like their homes being right

behind shopping centers.



Several minutes of discussion was held on this matter with Ms. Jones, as

well as Deputy City Manager Richard Bishop responding to several questions of

Councilors Davis and Henderson.



Mayor Poydasheff pointed out that City Manager Cavezza will be meeting

with the various PTAs at Double Churches Elementary & Middle School to try to

educate the parents in their driving habits when they drop their children off

to school and how to do that, as well as where to do that.



In responding to further questions of Councilor Davis, Ms. Jones said if

the citizens have questions on what the units will look like, said they could

go over to Phenix City and look at McIntosh Creek, as they will be as nice as

McIntosh Creek, if not nicer. She said she met with Richard Waddell and his

partners on last week and they are planning on even tweaking this plan somewhat

and taking it even more upscale than that.



She said these will be 3600 square feet for both sides and said if you

purchase one side that will be 1800 square feet per side with a price range of

$185,000 to $195,000.00. She said an individual can add a lot of extras in

their homes and upgrade, even taking it over the $200,000.00 price range for

just one side, so the full home will be over $400,000.00.



With there being no one to speak in opposition to this proposed rezoning

ordinance, City Attorney Fay then declared this public hearing held and pointed

out that this ordinance would be voted on next week.





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An Ordinance - Rezoning approximately 14.384 acres of property located

at 1150, 1156 & 1166 Double Churches Road froman R-1 District to an R-2

District. (22-CA-03-Don Bowles, Inc./Bill Hart, Inc.)



PROPONENTS:



Mr. Don Bowles, representing the petitioner said he, along with Mr. Hart

do presently own this property on Double Churches Road and said they would like

to build single family houses on this property. He said the home size and

product that they plan on building is between 1600 ? 1900 square feet with a

price range of $150,000 to $180,000.00. He said they haven?t finalized exact

home plans, because they are not exactly sure what zoning category they will

fall in.



He said they are planning on building a single cul-de-sac on the property

approximately 1350 long to restrict traffic from going through this subdivision

to another subdivision.



Mr. Bowles said there is a lake on the property that is approximately 3

acres now and in the majority, they are going to leave the lake as it exists.



Mayor Poydasheff said he is certainly hoping that a Council member amends

the ordinance to make absolutely certain that neither you or anybody else fill

in that lake. He said that lake has been there for many years and he is very

cognizant of that lake and knows how the citizens feel about that. He said he

doesn?t doubt a word that Mr. Bowles has said; however, in his experience, as

an attorney, unless it is specifically stated in the ordinance, things can

happen.



City Attorney Fay said there is a condition about the lake. He said the

first condition in the ordnance, as it is on the table, states that: ?The

existing lake and its major characteristics shall not be reduced to less than

one and one-half (1? acres)?.



Mayor Poydasheff said he just wants to make sure that it is not reduced

and that it won?t be filled in and said unless that is stated there sometimes

we don?t have incorporation by reference. City Attorney Fay said right now, you

have a one and one-half minimum; however, it can be amended.



Mr. Bowles said the reason that came up is because there are some slues

that have been created on this property from drainage coming from properties to

the east. He said the lake was built in the mid 40s and said the topographical

map did not show the slues on this property and said, in essence, they are

trying to put the lake back in the condition that it would have been built in.



He said this will enable them to cut a road down the east side of the lake

and there will be no land disturbed on the west side of the lake and the south

side of the lake, but said there will be one home site to the north side of the

lake. He said they feel the lake is an asset and do not want to destroy or

remove the lake from the property, but feels it will work with the concept of

the homes that they plan on building.



Mr. Bowles said the concept of the homes that they are considering will be

something similar to what has been built in the back of Maple Ridge in the

Valentine Subdivision, a cottage type house with water amenities, front porch,

back porch and garage.



He spoke for several minutes in outlining their plans for this proposed

property, after which he then responded to several questions of Mayor

Poydasheff and members of the Council.



In response to a question of Mayor Pro Tem Rodgers, as to whether or not

the State regulations with respect to encroaching on waterways apply to the

slues, as well as the lake, City Attorney Fay said in this instance, there is

no indication that this is any type of State waterway. However, City Manager

Cavezza said that these are State waters.



City Attorney Fay said since these are State waters, then the minimum

would be required, the 25-foot buffer that is in the State Code. He said it is

also applicable to the slues as well.



Mr. Bowles said it is their understanding that they could apply for a

State permit to alter the slues, to which City Manager Cavezza said that is

correct.



After continued discussions on this matter, with Mr. Bowels and Mr. Hart

responding to further questions, Mayor Poydasheff suggested that we defer this

matter, as we need to get all the facts as it relates to the lake and slues.



Mayor Pro Tem Rodgers said he would like to request this ordinance be

continued for one week on first reading so that he can get some additional

information on the lake; because it is important to him that we retain all of

the vegetation and all of the waterways that we can.



City Manager Cavezza pointed out that next week?s meeting is a Council

Work Session, so we would need to delay it for two weeks. Mr. Bowles said he

would be out of town in two weeks; therefore, he would need a three weeks

delay.



Several members of the Council expressed their views regarding this

proposed rezoning matter, with Mr. Bowles then responding to further concerns

and questions of the Council.



Councilor Allen said he would hope that Mr. Bowles do everything he can to

preserve and protect the cemetery, because he knows that you are going to be

doing some grading up close to the property line. He said whatever he can do to

retain and make sure there is no disturbance now and in the future to that

area, he really would appreciate that.



He then asked if there is a buffer area that he will be putting in there,

because he would like to include that in the ordinance.



Mr. Hart said they could put a privacy fence and supplement it with

vegetation as well.



Mr. Bowles then said they would need to look at that and get back with the

Council at the next meeting.



Councilor Davis said he has enjoyed working with Mr. Bowles and Mr. Hart

on this matter and have tried to be open minded and work towards some possible

solutions in smoothing out some of these concerns.



He said some of the conditions that he and Mr. Bowles have talked about

that he has agreed to, he would like to read them into the records and possibly

through the delay, with Mr. Bowles? approval of the language that everything is

appropriate and when the ordinance comes back, it can be presented in a correct

fashion.



Councilor Suber asked if we have a buffer ordinance that will separate a

C-3 & C-2 from a residential area, which would mean that instead of a 6-foot

privacy fence, it would have to be more area of space than that.



Mr. Bowles said the house would be at least 50-feet away from the property

line and the cemetery is on the other side of that property. He said the yard

would separate the house from the cemetery.



Councilor Davis then outlined the conditions that he and Mr. Bowles have

discussed, which includes the following:



He said the one acre that was designated by the PAC for green space, Mr.

Bowles and Mr. Hart have agreed to designate that space to the west portion of

the lake.



He said the developers have also agreed to a 40-foot building setback on

the front of Double Churches Road off the right-of-way.



Mr. Bowles said it is the two lots that are perpendicular to Double

Churches Road, the sides of the homes would be no closer than 40-feet to the

right-of-way of Double Churches Road.

Councilor Davis said the final condition would be to the east border,

upfront in the area of the 40-feet setback, they have agreed to plant or

restore a buffer with large mature and hardwood trees that would coordinate

with some of the existing buffer already there. He said those trees would apply

to their credits, as far as the tree ordinance.



Mayor Poydasheff said if those are conditions and they are agreed to;

nevertheless, they have to be in the ordinance and then asked Councilor Davis,

if he is moving that these conditions be included in the ordinance.



Councilor Davis then made a motion that these conditions be included in

the ordinance. Seconded by Mayor Pro Tem Rodgers and carried unanimously by

those ten members of Council present for this meeting.



City Attorney Fay said there is no footage requirement on the planted

buffer, but said we can get together with the developer and the Planning

Division on that issue.



OPPONENTS:



Mr. Winston Dahl, 1095 Double Churches Road, said it is rather appropriate

that he follows this matter, because several of the things that was just

discussed concerns him greatly. He said he lives right across the street in a

non-typical 5-acres homestead and his neighbor, Mr. Jim Ware, who is also

present this morning, lives right next to the school on a three-quarter acre.



Mr. Dahl said they did not receive any written notification from the

Planning Division concerning the zoning that was right across the street from

them. He said they went down on last week when they found out about the change

in the original zoning, which provided for three lots, 1, 2 & 3, three acres

and eight acres, which they had no problems with; because it was congruent with

the neighborhood and other properties down Double Churches Road. However, there

was a new sign put up and they received rumor of a complete change with a

request from an R-1 & R-2.



He then addressed his concerns regarding the watershed, stating that he

has a one-acre lake behind his house and two City maintained drains off of

nature trail of Moores Forest. He said he has to maintain an overflow off of

his property to keep it from backing up in the lots of Moores Forest.



Mr. Dahl spoke for several minutes regarding the fill in of a lake that is

on a watershed and also expressed concerns regarding the speeding traffic that

goes by his property. He said he thinks there needs to be a yellow light there

at the entrance of Moores Forest Subdivision.



Councilor Davis said he was out there one night talking about the concerns

of the neighbors and said there were cars speeding by at rates of 70 miles per

hour. He said Mr. Dahl does have a serious issue with pulling out of his

driveway and then asked City Manager Cavezza to have the staff to do a study

and see what can be done to help encourage the traffic to slow down in the area

of Mr. Winston Dahl?s property.



Mr. Dahl continued to express his concern regarding the traffic and the

bottleneck that occurs at Double Churches Road Elementary and Middle Schools.

He also expressed concern as it relates to the topographic of the land and it

not being suitable for what the developers want to do on this property.



City Manager Cavezza addressed those concerns of Councilor Davis as to the

notification to the residents of the area, saying the sign has been up for six

months on that site. He said they sent out eleven notifications for the

Planning Advisory Commission hearing, but said there should have been fourteen

sent out, as they missed three. He said for the Council meeting, they sent out

fourteen notices.



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

this ordinance for three weeks. Seconded by Councilor Woodson and carried

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



Mr. Jim Ware, 1179 Double Churches Road also appeared and expressed his

opposition to this proposed rezoning ordinance, saying that Double Churches

Road does not have the infrastructure for the traffic for this rezoning. He

said projects such as this, should be laid aside until the infrastructure is

put in to handle it. He said he lives right next door to Double Churches

Elementary School and said he has had some bad problems.

He said he has had to move his mailbox and get him a post office because people

were parking in front of his mailbox and he couldn?t get his mail. He said when

school first started, there were cars parked all down Double Churches Road on

both sides of the sidewalk.



He said he has talked with the principal of Double Churches Elementary

School to ask if she was aware of the zoning and she said she was aware of this

one and the others forthcoming as well. She said she didn?t know what she was

going to do with the students, as they are already in trailers.



Mr. Ware also expressed his concerns about this development being built

near the cemetery. He said he feels like the lots needs to be larger.



Ms. Becky Carter, 7176 Village Loop also appeared and said her property is

located south of the proposed rezoning; however, she does own property east of

this site.



She expressed concern as it relates to the cemetery. She said the history

with the lake and the concerns, because of the times people have enjoyed that

property, the lake, fishing, picnic, it makes the green space a little bit more

of importance to her.



Ms. Carter, in addressing some concerns that were expressed by Councilor

Woodson, as to her not having heard from any of the residents in the area, said

people are beaten down and have fought the commercial zoning, R-2 zoning. She

said they have zoning from Double Churches to Weems Road going down both sides

and said they can only do so much.



After more than forty-five minutes of discussion on this matter, City

Attorney Fay said the date that the notices were sent out by the Planning

Division was on August 5. He also pointed out that this ordinance will be

delayed until September 9 and then declared this public hearing has now been

held.

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CITY ATTORNEY?S AGENDA:



THE FOLLOWING THREE ZONING ORDINANCES WERE SUBMITTED AND EXPLAINED BY CITY

ATTORNEY FAY AND ADOPTED BY THE COUNCIL ON SECOND READING, PURSUANT TO THE

ADOPTION OF A SINGLE MOTION MADE BY COUNCILOR MCDANIEL AND SECONDED BY

COUNCILOR WOODSON, WHICH CARRIED UNANIMOUSLY BY THOSE TEN MEMBERS OF COUNCIL

PRESENT FOR THIS

MEETING:



An Ordinance (03-66) - 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)



An Ordinance (03-67) - 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.)



An Ordinance (03-68) - 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)



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THE FOLLOWING ORDINANCE WAS ALSO SUBMITTED AND EXPLAINED BY CITY ATTORNEY

FAY AND AFTER SEVERAL MINUTES OF DISCUSSION INTRODUCED ON FIRST

READING:





An Ordinance - Revising the promotional procedures for the Columbus

Department of Fire and Emergency Medical Services for the ranks of Fire Captain

and Fire Lieutenant.



Mayor Poydasheff pointed out that Councilor McDaniel has agreed to sponsor

this ordinance, since he cannot sponsor an ordinance.



City Attorney Fay pointed out that this ordinance is being recommended by

Fire Chief Roy Waters.



Councilor Davis said he is sure that the appropriate bodies have looked

into this ordinance; however, he needs to know, would these changes have any

effect or impact on the EMS Paramedics, as far as career decisions. He said he

knows that we are down in numbers on the Paramedics side of the Fire Department

and was concerned as to whether or not it would have any effect on their career

decisions.



Fire Chief Waters said it would not exclude paramedics from competing in

the promotional process, as everyone will be allowed an opportunity to compete,

if they meet the requirements in the ordinance.



Mayor Poydasheff said when they spoke to Assistant Chief David Arrington

who was EMS Chief and said the majority of the EMS personnel are very

comfortable with this ordinance. He said this is a way of equalizing and making

more fair something that was not considered earlier when we first adopted the

ordinance. He said this would make the playing field more level.



Fire Chief Waters said everyone that competes for promotion was going to

have to take the test. He said no one was going to be excluded at any point or

time. He said the problem came in with the terminology in the ordinance and

said successfully competing is what they are trying to get cleared up now; so,

that all of our personnel, Firefighters, Fire medics and Paramedics will have

to compete for promotion. He said it will not exclude anyone and said we are

trying to reach a compromise for the merger, but it is very difficult.



Battalion Chief Eddie Hall, President of the Columbus Firefighters

Association said they do support this ordinance revision.



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

at next week?s Council meeting.



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THE FOLLOWING ORDINANCE WAS ALSO SUBMITTED AND EXPLAINED BY CITY ATTORNEY

FAY AND AFTER SEVERAL MINUTES OF DISCUSSION ADOPTED BY THE COUNCIL ON SECOND

READING WITH TWO PROPERTIES BEING DELAYED FOR TWO

WEEKS:





An Ordinance (03-69) - Providing for the demolition of structures located

at 1312 ? 23rd Street (Clarence Biggers, owner), 4819 ? 12th Avenue (Charles

Brown, owner), 1443 ? 22nd Street (Douglas K. McLeod, Sr., owner), 3913 ? 3rd

Avenue (Therman Glean Nichols, owner), and for demolition services for the

Inspections and Code Division in accordance with Tabulation of Bid sheet.



City Attorney Fay said there is a question regarding the Huling property,

located at 4766 Kolb Avenue 1 & 2 and said he doesn?t know if they have been in

contact with the City Manager regarding this matter.



City Manager Cavezza said there is an ownership issue that had surfaced on

last week and said he was contacted by the Finance Company that has the first

mortgage on this property and they are interested in selling the property to

the City. He said he told them he would be back in contact with them.



He said he knows that Ms. Williams was going to talk to an attorney and

she is here today; however, he doesn?t know what the results were after talking

with an attorney. He said right now, it is in the deceased name.



Councilor Henderson then made a motion that Ms. Williams be heard.

Seconded by Councilor Turner Pugh and carried unanimously by those ten members

of Council present for this meeting.



Attorney Ed Jenkins appeared and said he has been hired by Ms. Williams on

this morning. He said originally Ms. Williams had called him on last Monday and

he had just gotten back from his vacation and was unable to meet with her. He

said he understands that she came before the Council on last week. He said this

morning was the first time he had met with her and signed an agreement to

represent her.



Mr. Jenkins then went into some details in outlining what he would do to

try to get this matter resolved, to determine that her father is the fee simple

owner to the property and then file an Administration to get the title into Ms.

Williams? name. He said he discussed this with Ms. Wiggins this morning.



He said the next thing would be for Ms. Williams to hire a contractor that

is approved by the City and is licensed to bring the house up to Code. He said

Ms. Williams has presented two contractors, one of which Ms. Wiggins is aware

of, Horace Senior Construction and the other one is out of Atlanta, Mac &

Rutledge Contracting Services. He said this is where they are today.



Ms. Williams responded to questions of the Council regarding some

statements that was made on last week.



Mayor Poydasheff interrupted Councilor Suber and speaking to Mr. Jenkins,

saying that it is understood that Mr. Jenkins is giving permission to his

client, to address the Council?s questions, because normally, as an attorney,

you address the attorney rather than the client. However, under the

circumstances, it would be wise for Ms. Williams to respond to those questions.



Mr. Jenkins said he wasn?t familiar with the Council?s format and because

the Councilor addressed Ms. Williams and he didn?t know what was said on last

week, he didn?t see a problem with that.



Mr. Jenkins said from this point forward, he would like to suggest that we

first get the title to the property in Ms. Williams? name and bring the house

up to Code. He said he discussed with Ms. Wiggins that we do these steps and if

Ms. Williams does not bring the house up to Code, then they can go ahead and

demolish the house.



Several minutes of discussion developed on this matter, with members of

the Council expressing further concerns as it relates to this subject, with Mr.

Jenkins and Ms. Williams responding to questions of Mayor Poydasheff and

members of the Council, after which Councilor Suber asked Mr. Jenkins, how much

time does he think he would need to get this matter resolved.



Mr. Jenkins said unless they have an objection in Probate Court or any

title defect that does not allow her to be the fee simple owner, they will get

that vested in her name in early October.



Councilor Suber said he would suggest that we give her three months to get

the property into her name.



Ms. Wiggins of the Inspections & Code Enforcement Division also responded

to further questions of the Council.



Councilor Henderson asked City Attorney Fay if it is legal for us to

require a bond from an individual, if she is going to do some construction on

that property. He asked if we could ask her to post some kind of a bond and go

ahead and get a loan for the renovations pending the settlement of the

ownership issue.



City Attorney Fay said your ordinance does not provide for that provision;

however, you do have the authority to give an extension of up to 120 days and

said that you could condition that; contingent on securing something by a

certain date.



Mr. Jenkins said if we put the property in Ms. Williams? name, he wants to

make sure that his client doesn?t incur any liability from this demolition and

that she has the funds and will bring the house up to Code. He said the bottom

line is that they are asking the Council for the 120-day extension with full

knowledge that by the end of the 120-days if no substantial progress has been

made then the house will be demolished.



Councilor Henderson then asked that this matter be continued on second

reading until next week and pull this particular piece of property out, because

they have spoken to the Inspections & Code Division, but said it is clear that

they have not examined all opportunities.



After continued discussion on this matter, Mayor Pro Tem Rodgers said the

key issue is whether or not Ms. Williams will be able to get fee simple title,

because it is not economically in her best interest to invest in something that

is not going to be hers. He then asked City Manager Cavezza if we could go

ahead and adopt the ordinance that is on the table and not implement it until

we find out what the disposition of ownership is. He said if we find out that

she is not going to be able to get it in her name, then we can demolish it.



City Manager Cavezza said that we could do that.



Mayor Pro Tem Rodgers said if she does get title to the property, he would

want her to come back to this Council with a specific plan on how she intends

to fix this property up and where the financing will come from.



He then made a motion that we allow Ms. Williams 60-days to determine

ownership of the property and the ordinance be adopted. Seconded by Councilor

McDaniel.



After further discussion on this issue, with members of the Council

expressing their further views and in clarifying the motion of the Council, Mr.

Jenkins asked if the timeframe of 60-days is to allow for his client to get fee

simple title and then a contract from a contractor.



Mayor Pro Tem Rodgers said she can have the 60-days and then come back to

the City and demonstrate that she has fee simple title and then she can make

another determination as to whether or not she wants to go forward with the

process. However, when she comes back, he would like for Ms. Williams to be

able to provide this Council with the means and methods by which she is going

to restore this property, if she is going to restore it.

He said we are probably looking at another 60-days or maybe 75-days after that,

which is only 15-days longer than the proposed 120-days; yet it provides the

caveat for us of being able to act sooner if the title does not come through or

she choose to go another way.



Councilor Henderson said since it is possible to condition an extension on

providing some type of financing, and looking at it from a business prospective

of the City, with her being two months behind on the mortgage and her having to

pay attorney fees, and there has not been a lot of work to this point, he would

hate to delay the decision to act on this and allow Ms. Williams to go through

this for another two months when we are going to be here again and she may or

may not be able to provide the money necessary to do the renovations;

therefore, he would make a substitute motion that this property stay on second

reading for two weeks, during which time, Ms. Williams and her attorney can

examine this matter more thoroughly now that they have an understanding of the

position of the Council.



He said this would also allow us to have the Inspections & Code Division

to make an appraisal of the work that has to be done and then identify some

investment method that is amenable to Ms. Williams and her attorney and for her

to post some type of earnest money or good faith money, so that any interest is

drawn, she can retain it, but to go ahead and put that money up so that when we

give those 60-days, it won?t be 60-days wasted.



In clarifying his motion, Councilor Henderson said he would moved that we

continue second reading for two weeks. Seconded by Mayor Pro Tem Rodgers.



Mayor Pro Tem Rodgers said he understands what Councilor Henderson is

talking about and said we can still go back to the motion that?s on the table,

in the event that within two weeks Ms. Williams is not able to demonstrate that

she is going to be able to provide the funds.



Councilor Henderson said that is correct. Mayor Pro Tem Rodgers then

withdrew his earlier motion.



In further clarifying Councilor Henderson?s motion, Mayor Poydasheff said

the substitute motion is to have Ms. Williams and her attorney come back before

the Council to give them a game plan of what?s going to happen.



Mayor Pro Tem Rodgers said with respect to the exterior cleanup that is

really not an issue for the ordinance, but said it still needs to be affected.

City Manager Cavezza said we can clean it up and put it against the house.



Councilor Suber said Councilor Henderson had asked earlier that we send

someone out to get an estimate of the costs of repairs and said he doesn?t

think we should have to do that. City Manager Cavezza then pointed out that Mr.

Duck suggested that he could ask the contractor to look at that and provide us

with that cost within two weeks.



Mayor Poydasheff then called the question on Councilor Henderson?s motion,

which carried by a vote of 9 to 1, with Councilor McDaniel voting no and all

other nine members of Council voting yes.



Ms. Wiggins of the Inspections & Code Enforcement Division then responded

to several questions of members of the Council.



Mr. Jenkins pointed out that when Ms. Williams? father passed away,

legally that house became her father?s heirs at law, being her and her brother;

therefore, she committed no wrong in applying for a building permit on April 4,

2003. He said they certainly have a legal interest in that property. He said

she didn?t lie on any affidavit, as she has a legal interest in that property.

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

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



NOTE: Councilor Allen left at this point in the proceedings, with the

tine being 11:35 a.m.



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

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



City Attorney Fay then pointed out that Mr. Huling?s property would be

delayed on second reading for two weeks.



*** *** ***



Councilor Suber moved that Mr. Pollard be heard regarding his property,

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

Council present at the time, with Councilor Allen having already left the

meeting.



Mr. Clarence Pollard, 2917 12th Avenue and Mr. Nathaniel Pollard, 4411

Utica Circle, appeared before the Council regarding the property located at

4621 Holly Avenue.



Mr. Nathaniel Pollard said he was here on last week and said he was asked

to get an attorney, but said he tried to get one, but he indicated that it was

too short of a time span for him to come out and represent him. He said he has

talked with his brother and said that his brother has agreed to go ahead and

borrow the money to redo the house that he is trying to save.



Councilor Suber said as he recalls there are 4 or 5 siblings.



Mr. Pollard said he talked with an attorney on yesterday, but he wasn?t

able to be here on today and he told him to ask the Council to give him a week

or two to work with him to get the name changed over.



Councilor Suber said the question was asked about the other siblings,

because he doesn?t have the authority over all the property; however, there is

still three other siblings that still don?t know what?s going on with the

property and you were supposed to find out from them, if you could go ahead and

take care of this matter because some of the others were not stable.



Mr. Pollard said once the attorney takes care of this, he will go to them

and have them to sign off on it.



Councilor Suber said he would move that we allow Mr. Pollard two weeks and

to come back with a plan for this property. Seconded by Councilor Hunter.



Councilor Turner Pugh said when they come back in two weeks, they need to

come back with something in writing with a contract.



The question was then called on Councilor Suber?s motion to allow for the

two weeks delay, which carried unanimously by those nine members of Council

present at the time, with Councilor Allen having already left the meeting.



Councilor Woodson then moved the adoption of the ordinance, with the

deletion of the two properties as outlined above. Seconded by Mayor Pro Tem

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

time, with Councilor Allen having already left the meeting.



*** *** ***



THE FOLLOWING TWO RESOLUTIONS, EXPRESSING APPRECIATION TO THOSE EMPLOYEES

WHO RECENTLY RETIRED FROM THE SERVICES OF THE COLUMBUS 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 MCDANIEL, WHICH

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

COUNCILOR ALLEN HAVING ALREADY LEFT THE

MEETING:





A Resolution (403-03) - Expressing appreciation to Mrs. Alicia R. House

upon her retirement with the Columbus Police Department/E911 after 13 years of

service.



A Resolution (404-03) - Expressing appreciation to Mrs. Ruby D. Murphy

upon her retirement with the City Manager's Office after 7 years of service.



*** *** ***



THE FOLLOWING SEVEN RESOLUTIONS, EXPRESSING CONDOLENCES TO THE FAMILY OF

THOSE FORMER CITY EMPLOYEES OF THE COLUMBUS 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, WHICH CARRIED UNANIMOUSLY BY THOSE NINE MEMBERS OF COUNCIL

PRESENT AT THE TIME, WITH COUNCILOR ALLEN HAVING ALREADY LEFT THE

MEETING:



A Resolution (405-03) - Expressing condolences to the family of Mr. Ralph

D. Pope, former employee with the Columbus Fire Department, who passed away on

June 22, 2003.



A Resolution (406-03) - Expressing condolences to the family of Mr. James

F. Allen, former employee with the METRA Transportation System, who passed away

on July 1, 2003.



A Resolution (407-03) - Expressing condolences to the family of Mr. Wilbur

L. Lay, former employee with the Columbus Water Works, who passed away on June

9, 2003.



A Resolution (408-03) - Expressing condolences to the family of Mr. John

J. Griffin, former employee with the Columbus Police Department, who passed

away on July 27, 2003.



A Resolution (409-03) - Expressing condolences to the family of Mr. Al S.

Allmond, former employee with the Columbus Police Department, who passed away

on July 6, 2003.



A Resolution (410-03) - Expressing condolences to the family of Ms.

Burnice Rooks, former employee with the Columbus Public Services Department,

who passed away on July 9, 2003.



A Resolution (411-03) - Expressing condolences to the family of Ms. Mary

L. Sessions, former employee with the Tax Commissioner's Office, who passed

away on July 16, 2003.

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

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

PUBLIC AGENDA:



DR. CHERYL FREEMAN, RE: REQUESTING A WAIVER OF TAX PENALTY ON HER

AUTOMOBILE

TAG:





Dr. Cheryl Freeman appeared and said she is here today to request a refund

of a penalty that she had to pay on her automobile tag. She said she lives in

two states, the State of Kentucky and the State of Georgia.



She said she recently purchased a car about two or three months ago and

she was not aware of a certain date that her vehicle tag was to apply. She

said she is in the process of selling her practice in Kentucky and moving to

the State of Georgia to retire.



She said when she did go to get her tag someone said they should have told

her when she was supposed to get her tag. She said her birthday was August 12th

and before leaving to go back to Kentucky, she came down to get her tag,

because she thought that it expires at the end of the month. She said she was

not aware that it ended on the day of her birthday. She said all she was told

was that her tag would expire in August.



Dr. Freeman went into more details in explaining that she never received

any information in the mail and never got a registration. She said she doesn?t

feel that she should have to pay $35.00 because of something that she didn?t

know.



She said there were no signs up that state you have to get your tag on

your birthday and nothing on the tag that says August 12, 2003. She said if it

is going to be to the date, then there should be something stated on her decal.



Ms. Lula Huff, Tax Commissioner then responded to several questions of

members of the Council.



After several minutes of discussion with members of the Council expressing

their views, Mayor Pro Tem Rodgers made a motion that the request is denied.

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

Council present at the time, with Councilor Henderson being absent for this

vote and Councilor Allen having already left the meeting.

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

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

CITY MANAGER?S AGENDA:



THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY MANAGER

CAVEZZA AND ADOPTED BY THE

COUNCIL:



A Resolution (412-03) - Authorizing the City Manager to execute a Quit

Claim Deed to Virginia P. Averett for the 0.019-acre, dead end right-of-way of

Woodcrest Drive, located in Columbus, Muscogee County. Councilor Suber moved

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

eight members of Council present at the time, with Mayor Pro Tem Rodgers being

absent for this vote and Councilor Allen having already left the meeting.



*** *** ***



THE FOLLOWING PURCHASING RESOLUTION, HAVING BEEN INCLUDED WITH THE CITY

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

ADOPTED BY THE COUNCIL:



A Resolution (413-03) - Authorizing the execution of a contract withHouze

& Associates for Group Life, AD & D Insurance, at the estimated annual contact

value of $233,998.44. Councilor Henderson moved its adoption. Seconded by

Councilor Suber and carried unanimously by those eight members of Council

present at the time, with Mayor Pro Tem Rodgers being absent for this vote and

Councilor Allen having already left the meeting.



*** ***

***



UPCOMING EVENTS:



City Manager Cavezza highlighted some upcoming events, which are outlined

below.



Thurs. Aug 21 6:00 p.m. Planing Meeting for the South Trade Center,

Cols. Revitalization Task Force Room 6



Tues Aug 26 6:00 p.m. South Columbus Revitalization Baker Middle

Town Hall Meeting School Caf.



*** *** ***



METRA BUSES:



City Manager Cavezza said the 1997 SPLOST the Council allocated

$261,841.00 each for a total of ten clean air buses and said we have received

four of those buses. He said we have one on display at First Avenue near the

Government Center this morning.



He said the other six buses will be coming in over the next few years and

said we have two buses that are primarily funded by Federal and State dollars.



*** ***

***



SOUTH COLUMBUS TASK FORCE MEETING:



Councilor Woodson said we need to do something about the signs that are up

announcing the South Columbus Task Force Revitalization public meeting on next

week, because it is really small.



*** ***

***



TILLMAN AVENUE AREA:



Councilor Woodson said she received an email and a telephone call

regarding the death of Bianca Walton and said someone was requesting a

memorial, if possible on that property; however, she sees that the Habitat for

Humanity has acquired that property and there will probably be some homes built

on that property. She then asked that we get together and meet with the members

of Habitat for Humanity to talk with them about doing some kind of memorial for

Bianca Walton who was killed near that area. She said she would also like for

us to look and see if there is some kind of program for the children in that

area.



*** *** ***



PROCLAMATION FOR BIANCA WALTON?S FAMILY:



Councilor Woodson said since there is a lot of concern for this family

let?s look at doing a proclamation for Bianca Walton?s family.



Mayor Poydasheff said he will have a proclamation done.

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

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

CLERK OF COUNCIL?S AGENDA:



THE FOLLOWING APPLICATION FOR A TAXICAB OWNERS BUSINESS LICENSE WAS

SUBMTTED AND EXPLAINED BY CLERK OF COUNCIL WASHINGTON AND APPROVED BY THE

COUNCIL:



Application of Mr. Joe H. Bowman/Cheraqui Corporation for a taxicab owners

business license to operate Checker Cab of Columbus to be located at 811

Veterans Parkway, Columbus, Georgia.



Councilor Henderson moved approval of the application. Seconded by

Councilor Turner Pugh and carried unanimously by those nine members of Council

present at the time, with Councilor Allen having already left the meeting.



*** *** ***



MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND OFFICIALLY RECEIVED BY THE COUNCIL:



C.I.R.C.L.E., July 8, 2003.

Civic Center Advisory Board, August 7, 2003.

Elections & Voter Registration, July 3, 2003.

Muscogee County Child Fatality Review Team, June 2003.

New Horizons Community Service Board, April 14, 2003.

New Horizons Community Service Board, May 12, 2003.



TaxAssessors,No.31.

















Tree Board, May 7, 2003.

Uptown Fa?ade Board, July 21, 2003.

Uptown Fa?ade Board, July 31, 2003.

Mayor Pro Tem Rodgers made a motion that these minutes be received.

Seconded by Councilor Turner Pugh and carried unanimously by those nine members

of Council still present, with Councilor Allen having already left the

meeting.



*** *** ***



THE FOLLOWING FIVE NEW ZONING PETITIONS WERE SUBMITTED AND EXPLAINED BY

CLERK OF COUNCIL WASHINGTON AND AN ORDINANCE AND PUBLIC HEARING WERE CALLED FOR

ON EACH BY MAYOR PRO TEM RODGERS:







Petition submitted by Scott Jones & Tiger Creek Development to rezone

approximately 3.3 acres of property located at 5619 & 5627 Hodges Drive from a

R-1 District to a R-3 District. (Recommended for approval by both the Planning

Advisory Commission and the Planning Division.) (28-A-03-Jones & Tiger Creek

Development)



Petition submitted by Alfred & Juanita Lewis to rezone approximately 0.92

acre of property located at 4261 St. Mary?s Road from a R-1A District to an A-O

District. (Recommended for conditional approval by both the

Planning Advisory Commission and the Planning Division.) (29-CA-03-Lewis)



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

create the Mill Restoration Overlay District (MROD). The purpose and intent of

creating a Mill Restoration Overlay District (MROD) is to allow the Council to

address specific issues that may exist with vacant mills, without the

necessity for creating an entirely new zoning district (i.e., SAC, CRD, etc.)

or creating the need for one or more variances to achieve a desired community

benefit. (Recommended for approval by both the Planning Advisory Commission

and the Planning Division.) (30-A-03-Planning Div.)



Petition submitted by Anthony Okeke to rezone approximately 0.71 acre of

property located at 1115 Brown Avenue from a R-3A District to an A-O District.

(Recommended for conditional approval by both the Planning Advisory Commission

and the Planning Division) (31-CA-03-Okeke)



Petition submitted by Perry Carlin to rezone approximately 1.1 acres of

property located at 5151 & 5163 McCaghren Drive from a R-1 District to an R-3

District. (Recommended for conditional approval by both the Planning Advisory

Commission and the Planning Division.) (32-CA-03-Carlin)





*** *** ***



BOARD APPOINTMENTS:



DOWNTOWN DEVELOPMENT AUTHORITY AND INDUSTRIAL & PORT DEVELOPMENT

COMMISSION:





Clerk of Council Washington said she would like to request a delay on

the appointments of members to the Downtown Development Authority and the

Industrial & Port Development Commission, as she needs to do some research

regarding the appointment of these members.



*** *** ***



HISTORIC & ARCHITECTURAL REVIEW BOARD:



Clerk of Council Washington pointed out that she spoke with Ms. Daniels at

the Liberty Theater on yesterday and said they are still working on a

replacement for someone to fill the seat of Mr. Thomas Pooler, who served on

the Historic & Architectural Review Board.



Mayor Poydasheff said if there is any member of the Council who has a

nominee, they may present that to the Council.



*** *** ***



TAXICAB COMMISSION:



Clerk of Council Washington pointed out that we still need someone for Mr.

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

nominations.



*** *** ***



YOUTH ADVISORY COUNCIL:



Clerk of Council Washington pointed out that she has outlined the

appointments that must be made by the Council for seats on the Youth Advisory

Council and then asked if there were any nominations.



Councilor Henderson nominated Amanda Kyle Henderson. Councilor McDaniel

then moved she be confirmed. Seconded by Councilor Suber and carried

unanimously by those nine members of Council still present, with Councilor

Allen having already left the meeting.



Councilor Anthony also nominated Heather Harris. Councilor Suber moved she

be confirmed. Seconded by Councilor McDaniel and carried unanimously by those

nine members of Council still present, with Councilor Allen having already left

the meeting.



*** *** ***



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

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

and carried unanimously by those nine members of Council still present, with

Councilor Allen having already left the meeting, with the time being 12:14 P.M.







Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia