Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR

SESSION

MARCH

19, 2002





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

order at 9:02 A.M., Tuesday, March 19, 2002, on the Plaza Level of the

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

presiding.



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

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

McDaniel, Jr., Robert Poydasheff, Richard Smith and Evelyn Woodson. City

Manager Carmen Cavezza, City Attorney Clifton Fay and

Clerk of Council Tiny B. Washington were also present. Councilor Turner Pugh

took her seat at the Council table at 9:03 a.m., and Councilor Nathan Suber

took his seat at 9:04 a.m.



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ABSENT: Deputy Clerk of Council Sandra Davis was absent.



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INVOCATION: Offered by Reverend Mark Brown - Pastor of Maranatha Baptist

Church.

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PLEDGE OF ALLEGIANCE: Led by students from Clubview Elementary School.

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TRAINING EXERCISE:



Mayor Peters said at 10:00 a.m., this morning at the Civic Center, there

will be a training exercise between the City of Columbus and our Public Safety

personnel and Federal officials dealing with a mock terrorist event. He said

this event will be going on all day and the Council has been invited

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CITY ATTORNEY?S AGENDA:



WITH MR. MILTON JONES, CHAIRMAN OF THE TREE ORDINANCE COMMITTEE AND

SEVERAL MEMBERS OF THE COMMITTEE STANDING AT THE COUNCIL TABLE, THE FOLLOWING

RESOLUTION WAS READ IN ITS ENTIRETY BY COUNCILOR SMITH AND ADOPTED BY THE

COUNCIL:



A Resolution (126-02) - Commending and congratulating Chairman Thomas

Milton Jones and the members of the Columbus Tree Ordinance Committee for their

hard work in recommending requirements for tree planting during expansion and

development. Councilor Smith moved its adoption. Seconded by Councilor McDaniel

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

meeting.



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INTRODUCTION OF MS. JAMIE DELOACH;



City Attorney Fay introduced Assistant City Attorney Ms. Jamie Deloach,

who was present in the Council Chambers with him this morning. He said Ms.

Deloach is going to be filling in for him on next month, so she is here

observing the meeting on today.



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WITH MR. BILL CHESTER STANDING AT THE COUNCIL TABLE, THE FOLLOWING

RESOLUTION WAS SUBMITTED AND READ IN ITS ENTIRETY BY COUNCILOR HENDERSON AND

ADOPTED BY THE COUNCIL:



A Resolution (127-02) - Commending and congratulating Mr. Bill Chester

upon his induction into the Georgia Amateur Softball Association Hall of Fame.

Councilor Henderson moved its adoption. Seconded by Councilor Poydasheff and

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



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WITH MR. JIM RHODES STANDING AT THE COUNCIL TABLE, THE FOLLOWING

RESOLUTION WAS SUBMITTED AND READ IN ITS ENTIRETY BY COUNCILOR POYDASHEFF AND

ADOPTED BY THE COUNCIL:



A Resolution (128-02) - Expressing support for the recognition of Colonel

Robert B. Nett and Major Freeman V. Horner on National Medal of Honor Day.

Councilor Poydasheff moved its adoption. Seconded by Councilor Smith and

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

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



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MINUTES: Minutes of the March 12, 2002 meeting of the Council of the

Consolidated Government of Columbus, Georgia was submitted and approved

unanimously upon the adoption of a motion made by Councilor Poydasheff and

seconded by Councilor Allen.

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ZONING PUBLIC HEARINGS:



THE FOLLOWING TWO ZONING ORDINANCES, WHICH WAS DELAYED AT THE MARCH 5TH

COUNCIL MEETING WAS SUBMITTED AND THEIR CAPTIONS READ BY CITY ATTORNEY FAY AND

THE PUBLIC HEARING WAS AGAIN DELAYED FOR TWO WEEKS AT THE REQUEST OF COUNCILOR

ALLEN:





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

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



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

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



Mayor Peters said we have had several hearings on this issue, which has

also been delayed many times to allow the parties to get together and try to

resolve the matter. He said Councilor Allen, the Councilor for this district

has spent a lot of time on that issue, trying to resolve it for the benefit of

everyone, but evidently there are still some issues with the zoning.

He said he would ask that there not be any redundancy on this matter and try to

keep it brief, as we deal with the issue.



PROPONENTS:



Mr. Dave Erickson reading from a prepared statement said that the proposed

72 acres meets the City?s written comprehensive plan. He said it has sewer

available and poses no traffic, schools or other problems, which would cause it

to be a burden upon the City of Columbus. He said all the facts say that this

request for rezoning meets the City?s standards and should be rezoned

accordingly; however, it has been repeatedly turned back as not acceptable,

with a suggested request to come back with something larger.



He said each time they have come up with proposals, which they believe can

work, and have come back with the larger proposals, as requested, only to be

told that they are not good enough.



Mr. Erickson outlined three choices that he feel this Council has in

working out the situation on this proposed rezoning.



In concluding his remarks, Mr. Erickson said the Council, in their

capacity, as representatives of the City of Columbus must make some tough

decisions. He said those decisions are not easy and certainly will not be well

received by all, but said they must be made. He said he believes this request

is reasonable and logical, and most important of all, Midland will survive the

growth of Columbus. He said he would ask the Council?s consideration in the

rezoning of this property.



In response to a comment made by Mr. Erickson in his presentation as to

the Council placing certain restrictions on a prior rezoning matter, Councilor

Allen pointed out that it was Mr. Erickson?s agent, which offered the 100 foot

buffer and said it wasn?t the City forcing this on you, but was offered by your

agent, and said he wanted the record to reflect that



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

Council.



Mayor Peters said the Planning Advisory Commission recommends denial based

on the fact that there is no sewer service and there is no access from public

roads. He then asked if the developer would have to put all these things in

beforehand.



Mr. Jones said the concern of the Planning Advisory Commission was that

there were no sewer and no access to the public road as well. He said that

would have to be done before any construction could take place. Mayor Peters

then asked if this were done, would that eliminate the opposition, to which Mr.

Jones said that it would.



Mr. Jones said even on a 25-square foot lot, they would have to provide

sewer to make this work. He said regardless of anything else, they would still

have to provide access to the public street.



Councilor Allen said Fulton County allows septic tanks on half-acre lots

and said he didn?t know why we couldn?t do that.



Mr. Jones said our typical subdivision requires acre lots in order to

allow for the circulation for the septic tanks to work properly.



Councilor Allen requested that Mr. Jones go back and check and see what

are the State?s requirements as it relates to septic tanks.



Councilor Allen asked Mr. Erickson, if he was willing to accept the

minimum of the A-2 zoning, 20 square foot lots that the City has been

discussing. He said several of the Council members are aware of the dimensions

and setback on that and he thinks that if Mr. Erickson would consider the one

acre buffer around the existing home sites and then go with the half acre of

the remaining seventy-two acres, he thinks the neighbors would support that.



Mr. Erickson said he made some comments at the Planning Advisory

Commission meeting about the setback problems. He said he believes the

A-2 requires an 18-foot setback on both the left and right side and 120 foot

lot, individuals want to have a side entry garage and with an 18-foot sideline,

you would have to ask for a variance on every single lot. He said if Councilor

Allen is saying the 20,000 square feet, with a 110-foot minimum frontage he

would try to make that work.

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

time being 10:20 a.m.

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Several minutes of discussion continued on this matter, with several

members of the Council expressing their views on the matter, after which Mr.

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



Councilor Suber then made a motion to delay the first reading for two

weeks. Seconded by Councilor Turner Pugh.



Mr. Erickson said he has repeatedly asked, attempted and tried to meet

with individuals and find their principal concern to be able to craft solutions

that would work around those concerns. He said they have listened, smiled and

said no thank you.



Several members of the Council asked Mr. Erickson to go back again and

look at various options to see what is the best option that would work for

everyone concerned.



Councilor Poydasheff said if anyone is present today that wants to be

heard, he would request that they be permitted to do so.



City Manager Cavezza said the health department has stated that you can

put septic tanks on half-acre lots under ideal conditions. Mayor Peters said he

remembers reading in the Code where they were outlawed in Columbus except on

five-acre lots, and he is trying to look up that to see if that Code was

amended.



OPPONENTS:



Mr. Terry Gumbert representing the residents in the Midland area said it

has been two years now since we have been dealing with this matter and said

during the two years, the people in Midland have been portrayed in a number of

ways. He said they have been portrayed as economic snobs and in an attempt to

malign them from the rest of the community, there has been things said about

them and about their obstinacy and unwillingness to yield. He said he would

like to point out that they are dealing with a five-acre tract region and were

willing on the onset to accept one acre adjoining a five-acre subdivision,

which was a compromise for them.

He said they have given up four acres, which means they are not unwilling

to yield or compromise. He said they have asked on many occasions for Mr.

Erickson to provide a diagram proposal. He said the ability to get pictorial

display on what Mr. Erickson is proposing has almost been non-existent and the

closet thing they have had to a pictorial display is Ron Hamlett?s drawings

based on Councilor McDaniel?s suggestion of the one acre buffer with 20,000

square feet interiors.



Mayor Peters then interrupted Mr. Gumbert and said we are talking about

the same thing, the negotiations that didn?t work and Mr. Erickson hasn?t given

you anything and said we need to move forward. He said Mr. Erickson has stated

that he will draw up something, and meet with you all; so, it?s time to move

forward on this matter.



Mr. Gumbert continued to speak for several minutes, pointing out that the

effect of the Midland community has been profound over the last two years. He

said it has affected their morale, and the health of several of their citizens.

He said it has created a lot of frustration and now has reached a point where

Muscogee County is going to lose some of its valuable citizens. He said they

have been so disgusted with the last two years events that they are moving to

Harris County. He said what he would like to do with the Council?s approval,

from this point on, he doesn?t want to be forced to drag the citizens of

Midland from their jobs, homes and other endeavors to show a strength of force.

He then asked if the Council would accept the fact that the number of people

who comes are representative of the 335 homeowners who signed the petition, so

they don?t have the tremendous negative impact on their community that they

have had for the last two years.



Mayor Peters said yes, because everyone knows that there is a lot of

opposition to this petition. He said we have the petition on file in the Clerk

of Council?s office.



The following other individuals then appeared and expressed their

opposition to this proposed rezoning ordinance:



Mr. Jamie Redmond said he thinks it would save everyone a lot of time and

effort if Mr. Jones could have a plan to review prior to the Planning Advisory

Commission (PAC) meeting and if the PAC, as well as the Council and residents

had a plan to review to see how the proposal would affect the property next to

the residents property where the property is being rezoned. He said he would

like to see the Council adopt some type of proposal going back through the

process, whereby a plan is brought forward from the developer when any zoning

is going up or down for all the agents and parties to look at it.



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

Council then expressed their views as it relates to his suggestion, whereby the

Council should require a plan for a proposed rezoning project.



Mr. Redmond then responded to several questions of Mayor Peters and

members of the Council.



Mr. John Grot said as part of the delay, he would ask the Council to set a

date certain for a meeting that they will get together to attempt to negotiate

a settlement to this matter, because they have not been able to get together

with Mr. Erickson.









Mayor Peters asked that the Midland Homeowners? Association, along with

the Councilor for that area, set up the meeting and invite

Mr. Erickson to the meeting and if he doesn?t show up, then that will be known

in two weeks at the Council meeting.



Mr. Ron Hamlett said the main issue is transition of the area, and how

do we balance existing property with future development. He said they are just

asking that we look at making the transition of the area reasonable, and look

at the people who are already living there.



Mr. Gary Niles said from a builder?s standpoint, he knows that the land

can be developed in one-acre lot, and said that is the way he would hope it

would be developed. He said he has talked with Mr. Erickson about the

development and said they disagree on that. He said he is not in favor of this

rezoning unless there are one-acre lots that border the property of the

residents that are already living there and said he thinks that Mr. Erickson

needs to bring a plan forth.



After more than one hour of discussion, with various comments and concerns

being made, this matter was finally concluded after City Attorney Fay and Mr.

Rick Jones, Director of the Department of Community & Economic Development

responded to several questions of the members of the Council as it relates to a

site plan versus a plot plan.



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

Council.



Councilor Allen asked if we are delaying the first reading or the second

reading on this ordinance. Mayor Peters said if you are planning on amending

the ordinance, he thinks you need to leave it on first reading.



The question was then called on Councilor Suber?s earlier motion to delay

the first reading for two weeks, which carried unanimously by those nine

members of Council present at the time, with Councilor Hunter being absent for

this vote.



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THE FOLLOWING TWO ZONING ORDINANCES WERE ALSO SUBMITTED AND THEIR CAPTIONS

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

ADVERTISED:





An Ordinance - Rezoning approximately 0.92 acres of property located at

5069 Warm Springs Road from an R-1A District to an A-O District.

(7-CA-02-Woodruff)



PROPONENTS & OPPONENTS:



Mr. Woodruff was present, but he did not make any presentation, as there

was no one present to oppose this proposed rezoning ordinance.



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An Ordinance - Rezoning approximately 5.77 acres of property located at

6001 River Road from an R-4 District to an A-O District. (8-CA-02-The Jordan

Company)









PROPONENTS & OPPONENTS:



Ms. Stella Shulman, representing The Jordan Company was present, but she

did not make any presentation, as there was no one present to oppose this

proposed rezoning ordinance. However, Ms. Shulman did respond to questions of

members of the Council.

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CITY ATTORNEY?S AGENDA CONTINUED:



THE FOLLOWING THREE ORDINANCES WERE SUBMITTED AND THEIR CAPTIONS READ BY

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

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

COUNCILOR TURNER PUGH, WHICH CARRIED UNANIMOUSLY BY THOSE NINE MEMBERS OF

COUNCIL PRESENT AT THE TIME, WITH COUNCILOR HUNTER BEING ABSENT FOR THIS

VOTE:





An Ordinance (02-24) - Amending Section 14-225 of the Columbus Code so as

to require approval or denial of adult entertainment permits within a 30-day

time period, to provide standards for issuance of such permits and to provide

prompt judicial review of denials of such permits; and for other purposes.



Councilor Woodson said what happens if the individual doesn?t receive a

response saying that their application was either approved or disapproved, what

does the applicant have to do next. City Attorney Fay said it would be deemed

approval under this amendment.



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An Ordinance (02-25) - Amending Chapter 16A so as to increase the

membership of the Board of Trustees for the Columbus, Georgia Employees?

Pension Plan, Disability Income Plan, Death Benefit Plan for Retirees, and

Public Safety Pension Plan from ten members to eleven members; and for other

purposes.



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An Ordinance (02-26) - Providing for the demolition of the structures

located at 1336 25th Street (Columbus Sign Company, owner), 5029 11th Avenue

(Greenlee, Catherine, owner), and for demolition services for the Inspections

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



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TREE ORDINANCE:



Mayor Pro Tem Rodgers said there was a concern raised, but he thinks that

we can address it, but he would like to have the City Attorney?s input on it.

He said he realizes that the proposed Tree Ordinance has a 120-day effective

date, but he said he believes that this Council is in the position to condition

the rezoning in Midland to say that it will comply with the tenets of the Tree

Ordinance as passed, even though it won?t be in effect until another 120 days.



City Attorney Fay said that you could take a portion of the requirements

and attach it and make it a condition of the rezoning, even though it may

become effective later on, on all the other property. He said you would have to

specifically attach the conditions that you desire.

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

ATTORNEY FAY AND INTRODUCED ON FIRST READING:





An Ordinance - Amending Section 4-11 of the Columbus Code so as to

authorize the City Manager to approve the operation of carnivals, circuses or

similar shows on property other than the City fairgrounds, subject to

compliance with all applicable business license regulations and zoning

regulations, including special exception use permits when required, by all

applicants for such events.

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PUBLIC AGENDA:



MR. BRUCE MEDLEY & MR. BEN PHILLIPS, RE: LIABILITY INSURANCE FOR THE CITY

OF

COLUMBUS:





Mr. Bruce Medley and Mr. Ben Phillips, who had requested to be listed on

today?s Public Agenda once again cancelled their scheduled appearance for

today?s meeting.



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MR. LEE PIERSON & MR. MARTY FLOURNOY, RE: THUNDER IN THE VALLEY AIR

SHOW:





Mr. Lee Pierson & Mr. Marty Flournoy appeared and invited the Mayor and

Council to attend the Thunder in the Valley Air show that will be held on

Saturday and Sunday, March 23 & 24, at the Columbus Airport.



Mr. Pierson said Thunder in the Valley has become Columbus? premier

outdoor family, alcohol free event. He said in four short years, they have

become a really good air show, entertaining some 40,000 participants.

He said they also book about 100 hotel rooms and bring performers from all over

the Country, which means we are exposing Columbus, Georgia to the world. He

said they will have some significant military displays coming in this year, as

well as some historical displays.



Mr. Marty Flournoy said they will be bringing in Captain Robert Morgan and

said we will be honoring some of our local veterans, as well as bringing in one

of the original Flying Tigers B-40 aircraft. He said with the help of some of

our local sponsors, Knology will be doing a living history and some of our

veterans from around the State will come in and talk about their roles in World

War II.



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MR. JOHN ELLISON, RE: SPECIAL ENFORCEMENT:



Mr. John Ellison appeared and said he feels like he has been assaulted

abused and misused by City officials. He said within the last two years he has

been given subpoenas, citations for violations of the City Code. He said he

would like to cite eight incidents on eight different occasions of eight

different pieces of property in a certain area that he feels like he has been

misused and abused on.



He said he has been denied access to property at 2103 Schatulga Road,

which is a violation of Federal law, whereby he is landlocked out of his own

property. He said he has brought this to the attention of the City Manager?s

Office, as well as the Special Enforcement office.



Mr. Ellison said he was given a fine and was told that he had put in a

temporary driveway at property that he does not own and that the temporary

driveway was on City property. He said he was told that he had to put in the

pipe prior to it being inspected and said he was fined in Court for not doing

what the inspectors said, when he didn?t own the property anyway.



He said he has an easement to get access to his property. He said he is

unable to put his garbage out, because there is a ditch that he can?t get

across to his property. He said he was fined because they said the pipe that he

was putting in the ditch was not up to standards and did not meet Code.



Mr. Ellison went into further details in outlining the problems that he

said he has been experiencing with the Special Enforcement Division, after

which he then responded to several questions of members of the Council.



At the request of City Manager Cavezza, Ms. Drale Short, Chief of Special

Enforcement appeared and responded to those concerns of

Mr. Ellison. She said on December 6, 2001 they did issue a request for

compliance on solid waste and junk vehicle, but said it was reconciled on

January 8, 2002. She said they have never cited him for it, but have constantly

worked with Mr. Ellison in regards to solid waste and junk vehicles on his

property. She said they have only given him a request for compliance.



Ms. Short said a junk vehicle has to meet certain criteria in order to be

classified as a junk vehicle, which includes no tag, tires are not inflated,

etc. Mayor Peters then asked what was wrong with this vehicle.



Mr. Pool, the Inspector who gave the request for compliance to

Mr. Ellison said at the Forrest Road Grocery Store, located at 6809 Forrest

Road said there were solid waste, construction waste and a junk vehicle. He

said the vehicle was not operational and missing critical parts and sitting on

flats and had an Alabama tag from 1994. He said he didn?t personally speak to

Mr. Ellison, but his agent who was running the store at that time. He said he

was given a request for compliance and not a citation, which had to be complied

with within fifteen days.



After more than thirty minutes of discussion on this subject, with

Mr. Ellison responding to several questions of members of the Council, several

members of the Council then expressed their views regarding this matter after

which Councilor McDaniel then made a motion to allow the City Manager to handle

this matter. Seconded by Councilor Suber and carried unanimously by those eight

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

being absent for this vote.



City Manager Cavezza said he would meet with Mr. Ellison to see if we can

get his problem worked out.



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



Mr. Wright said he got his taxes for last year on his personal property

and said it showed what he needed to pay for the October payment, as well as

the December payment and said he made both of those payments.



He said he later got another bill after he had made his second payment

that showed a larger payment. He said he got with the tax people and called

down there, but never got a reply.

He said he waited a couple of weeks and finally went down there. He said they

obviously incorrectly billed him and said he had to make an appointment to see

the Board of Tax Assessors and said they told him that they had billed him

incorrectly, but they have the right to make that change. He said he accepted

that, so he then went ahead and sent the money, but he didn?t feel that he

needed to send any of the penalty and interest and said that is what he is here

about today.



Mr. Wright said he sent the money and Ms. Huff?s office sent it back to

him, saying they didn?t have the authority to waive the penalty and interest

and that he had to come before the Council.



Ms. Lula Huff, Tax Commissioner said in July 2001, the Tax Assessors

office sent out a notice giving an update on evaluation on Mr. Wright?s

structure. She said originally it was incomplete prior to that and said on

August 31st they sent out from their office, a bill based on the original

assessment that had gone out, which was based on an uncompleted structure, a

house was being built.



She said they were notified on October 19th that the Tax Assessors Office

sent down a changed notice stating that there was a clerical correction made.

She said based on that they sent out a corrected notice on October 31st and

gave him until December 31st, which by law, 60 days from the billed day to pay

the corrected amount. She said on November 29th, they received the final

payment based on the October 31st original bill, not the corrected bill. She

said on December 31st, which was the due date for the corrected bill, they did

not receive that; therefore, on February 15, 2002, he was sent a delinquent

notice based on the corrected bill.



Mayor Peters then asked Ms. Huff if she felt that Mr. Wright deserved a

waiver on his penalty, to which Ms. Huff said she doesn?t feel that he deserves

a waiver.



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

of the Council.



Mr. Wright expressed further concerns on this matter, and then responded

to several questions of members of the Council.

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NOTE: Councilor Poydasheff let at this point in the proceedings, with the

time being 11:30 a.m.

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Mr. Wright said the penalty is $380.00 and the interest is $79.00

City Attorney Fay said the Council can only waive the penalty. He said what

Ms. Huff has stated is that the penalty and interest is on the unpaid amount.



Ms. Huff said according to their calculations the penalty and interest is

$761.17. She said their corrected bill went out on October 31, 2002, and by law

60-days was given until December 31st. She said the delinquent bill didn?t go

out until February 15, 2002, because they had not received payment within the

60-days.

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NOTE: Councilor Suber left at 12:10 p.m.



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After more than twenty minutes of discussion on this matter, with several

members of the Council expressing their views on this matter,

Ms. Huff then responded to further questions of Mayor Peters and members of the

Council.

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NOTE: Councilor Turner Pugh left at 12:20 p.m.



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Mayor Pro Tem Rodgers said he would like to delay this matter for one week

to allow Mr. Wright to provide the additional information he requested and

allow Ms. Huff to go back and look at her records on this matter.



Ms. Huff said she would be glad to go back and provide all of the

documentation that has occurred on this matter. Mayor Pro Tem Rodgers said

what he would need for Mr. Wright to provide are the two cancelled checks on

the amount that he paid on the tax bill.



Mayor Peters asked that the information be provided to the Clerk of

Council to be put in the Council?s Agenda packet in two weeks.



Ms. Huff pointed out that if the penalty is not paid by the end of today,

it would go up again, another 10%. Mayor Peters then said we could freeze that;

however, Mayor Pro Tem Rodgers pointed out that we cannot do that.



Mayor Peters then pointed out that this matter would be delayed for two

weeks, because next week is a Work Session

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CITY MANAGER?S AGENDA:



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 MAYOR PRO TEM RODGERS AND SECONDED BY COUNCILOR ALLEN, WHICH

CARRIED UNANIMOUSLY BY THOSE SIX MEMBERS OF COUNCIL STILL PRESENT, WITH

COUNCILORS HUNTER, POYDASHEFF, TURNER PUGH AND SUBER HAVING ALREADY LEFT THE

MEETING:





A Resolution (129-02) - Designating and naming the new park located on

Veterans Parkway near Williams Road as Northside Park and dedicating this new

park in honor of the recipients of The Purple Heart.



A Resolution (130-02) - Authorizing a permanent encroachment for a

passenger loading lane and a canopy structure over the existing sidewalk within

city right-of-way to the First Baptist Center to be located along the east curb

of Third Avenue, south of Thirteen Street; authorizing a variance to the

Driveway Code, Section 22-32(6) for minimum driveway radii.



A Resolution (131-02) - Authorizing the Mayor to submit a grant to the

Office of the Governor, Children and Youth Coordinating Council for $32,509.00

to fund the Columbus/Muscogee County Juvenile Court Restitution Program for a

second year and to amend the multi-governmental fund.



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THE FOLLOWING SIX PURCHASING RESOLUTIONS, WITH DETAILED

INFORMATION HAVING BEEN INCLUDED WITH THE CITY MANAGER?S AGENDA PACKET, WERE

SUBMITTED AND EXPLAINED BY CITY MANAGER CAVEZZA AND ADOPTED BY THE COUNCIL UPON

THE ADOPTION OF A SINGLE MOTION MADE BY MAYOR PRO TEM RODGERS AND SECONDED BY

COUNCILOR ALLEN, WHICH CARRIED UNANIMOUSLY BY THOSE SIX MEMBERS OF COUNCIL

STILL PRESENT, WITH COUNCILORS HUNTER, POYDASHEFF, TURNER PUGH AND SUBER HAVING

ALREADY LEFT THE MEETING:





A Resolution (132-02) - Authorizing a service contract for Voith

Transmissions from Cummins South, Inc., for the annual estimated contact value

of $18,663.00.



A Resolution (133-02) - Authorizing the purchase of playground mulch

from Hasley Recreation & Design for the estimated contract value amount of

$47,700.00.



A Resolution (134-02) - Authorizing the purchase of maintenance equipment

and supplies on an "as needed basis" from Bob Barker, Gempler's, Unisource,

Battle & Battle, S & S of GA, Albany Hardware, Hughes Supply, Robinson Supply

and Copaco, Inc., for the estimated annual contract value of $73,685.90.



A Resolution (135-02) - Authorizing payment to Jordan City Pharmacy for

worker's compensation claims, in the amount of $10,849.32.



A Resolution (136-02) - Authorizing payment to Page, Scrantom,

Sprouse, Tucker & Ford, P.C., for attorney fees, in the amount of $14,113.52.



A Resolution (137-02) - Authorizing payment to IBM Corporation

(North Reading, MA), in the amount of $39,956.00 to cover the annual

software maintenance cost for Lotus notes and Visual Age Generator maintenance

support.

*** *** ***



THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY MANAGER

CAVEZZA AND ALSO ADOPTED BY THE

COUNCIL:





A Resolution (138-02) - Designating and naming the parking garage located

at the corner of 9th Street and Broadway (919 Broadway) as the River Center

Parking Garage. Mayor Pro Tem Rodgers moved its adoption. Seconded by Councilor

Allen and carried unanimously by those six members of Council still present

with Councilors Hunter, Poydasheff, Turner Pugh and Suber having already left

the meeting.



*** *** ***

DISCLIPLINE POLICY:



Councilor Woodson said they are putting in a new discipline policy into

the school system at Eddy Middle School and said what her concerns are is that

the children will be suspended from school for three days. She said this will

become our problem because as the parents are working, there is no

where for these children to go; and they are going to get into mischief; then,

we are going to have to deal with the issues. She said she would like to see if

we can talk to the Superintendent to look at the policy at Baker Middle school,

whereby if they suspend a child, then that child will come back to school at

night. She said with a grant or something maybe we can work something out with

our Parks & Recreation Department.

City Manager Cavezza said he would look into the matter.



*** *** ***



COLUMBUS SPRING:



Councilor Woodson said she received a telephone call from Mr. Patrick of

Columbus Spring about his street being blocked. She said she wanted to see if

we can talk with them about that situation.

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

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

CLERK OF COUNCIL?S AGENDA:



THE FOLLOWING ITEMS WERE SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR AND COUNCIL:



(1) Memorandum from Clerk of Council Washington, Re: Taxicab

Commission.



(2) Memorandum from ACCG, Re: Mutual Aid and Security Clearance for

County Personnel.



(3) Notice of the next meeting of the Region 9 MH/MR/SA, to be held at the New

Horizon Substance Abuse Center, 201 Villa Nova Street, Cuthbert, GA 31740, on

March 22, 2002, at 2:00 p.m.



*** *** ***



THE FOLLOWING TEMPORARY STREET CLOSING APPLICATION WAS SUBMITTED BY CLERK

OF COUNCIL WASHINGTON AND APPROVED BY THE

COUNCIL:





Application of Mr. Bud Durham for a temporary street closure for Wessex

Drive from Hampshire Avenue to Chesil Avenue, on March 23, 2002, from 4:00 p.m

to 7:00 p.m. in connection with a St. Patrick?s Day.



Councilor Allen moved its approval. Seconded by Mayor Pro Tem Rodgers and

carried unanimously by those six members of Council still present, with

Councilors Hunter, Poydasheff, Turner Pugh and Suber having already left the

meeting.



*** *** ***



MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND OFFICIALLY RECEIVED BY THE COUNCIL:



Board of Tax Assessors, Number 9.

Charter Review Commission, January 28, 2002.

C.I.R.C.L.E., February 12, 2002.

Family & Children Services, February 25, 2002.

Convention & Trade Center Authority, August 23, 2001.

Convention & Trade Center Authority, September 27, 2001.

Convention & Trade Center Authority, October 18, 2001.

Convention & Trade Center Authority, November 29, 2001.

Housing Authority, January 16, 2002.



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

Councilor Henderson and carried unanimously by those six members of Council

still present for this meeting, with Councilors Hunter, Poydasheff, Turner Pugh

and Suber having already left the meeting.



BOARD APPOINTMENTS:



Due to the lateness of the hour, Mayor Pro Tem Rodgers suggested that we

delay the board appointments until the next regular Council meeting.



*** *** ***



COMMUNITY DEVELOPMENT ADVISORY COUNCIL:



Councilor Smith said Ms. Gloria Weston-Smart is eligible to serve another

term of office on this board, but said she does not wish to be reappointed.



*** *** ***



BOARD OF TREE EXPERTS:



Councilor Woodson said since Mr. Milton Jones has worked on the ordinance

and has become an expert on trees now, if he would be interested in serving on

the board. Councilor McDaniel pointed out that he has already asked Mr. Jones

and he is not interested in serving on this board.



*** *** ***



ITEMS ON THE CITY ATTORNEY?S AGENDA:



Councilor Allen, who was out of the room when the votes were taken on

those items on the City Attorney?s Agenda, asked Clerk of Council Washington to

add his affirmative votes to those items and any resolutions that might have

been voted on while he was out.



*** *** ***



TAXICAB COMMISISON:



Councilor Henderson said in speaking with Clerk of Council Washington, as

it relates to the Taxicab Commission, those seats on that board are designated

for someone in the taxicab industry. He said he thinks that as it has came to

light with the Tree Ordinance committee, he thinks it is advisable to have

individuals from the general public involved as well. He said there is an

individual, Mr. John Golden, who has been a vital part of that Commission who

has sold his business and will have to rotate off the board, because he no

longer owns his business. He said he would like for the City Attorney to draft

a change to the ordinance, to increase the membership of the number of members

from seven to nine members, to add two at-large members.



*** *** ***



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

Allen then made a motion for adjournment. Seconded by Mayor Pro Tem Rodgers and

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

Councilors Hunter, Poydasheff, Turner Pugh and Suber having already left the

meeting, with the time being 12:35 P.M.



*** *** ***







Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia