Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR MEETING



FEBRUARY 15, 2005





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

to order at 9:00 A.M., Tuesday, February 15, 2005, in the Council Chambers,

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 John J. Rodgers

were Councilors R. Gary Allen, Wayne Anthony, Julius H. Hunter, Jr., Charles E.

McDaniel, Jr., and Evelyn Woodson. City Manager Isaiah Hugley, City Attorney

Clifton Fay and Deputy Clerk of Council Sandra Davis were also present. Evelyn

Turner Pugh took her seat at 9:07 a.m.



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ABSENT: Councilors Glenn Davis, Berry Henderson and Nathan Suber were absent.

Clerk of Council Tiny B. Washington was also absent.



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INVOCATION: Offered by Minister Zephaniah Baker- Spirit Filled Ministries



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

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MINUTES: Minutes of the February 8, 2005 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 seven members of Council

present for this meeting.

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HOMELAND SECURITY CLASSES:



Fire and EMS Department Chief Roy Waters came forward and immediately

recognized Fire and EMS Department Assistant Chief Robert Futrell. The

announcement was made by Fire and EMS Department Assistant Chief Robert Futrell

that the Council on Homeland Security recently certified him to Level 5. He

gave thanks for the recognition from the Council, but maintained that there are

a whole lot of people in the City of Columbus that are working hard to make

sure that we are as prepared as we could be and most of those individuals serve

on the Mayor?s Homeland Security Council. Fire and EMS Department Chief

Waters added that Assistant Chief Futrell is the only one in the City of

Columbus that is certified at this level.



In response from a comment by Mayor Poydasheff regarding the new

firestation, Fire and EMS Department Chief Waters reported that on February 14,

2005, we had the opportunity to open new Firestation #10 and close down the old

station and EMS South to combine the units into one location. He projected

that within the next week, we would be able to have a ribbon cutting ceremony.

In addition, Fire and EMS Department Chief Waters reported that there would be

three new ambulances and two trucks. He also announced that within the next

thirty days, the new firestation on Old River Road would open.



Councilor Turner Pugh requested that City Attorney Fay prepare a

resolution commending Fire & EMS Department Assistant Chief Robert Futrell for

achieving Level 5 certification for Homeland Security. She also requested a

resolution commending the Columbus Housing Initiative for what this

organization has done with the Mockingbird Mobile Home Park.



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BOOM BOOM ROOM CLUB:



Councilor Woodson commended City Manager Hugley for his quick response to

media reports that the Boom Boom Room Club was relocating from Cusseta Road to

South Lumpkin Road. She explained that process that was taken to determine if

there was an application for a license filed. She reported for the benefit of

the citizens in Columbus South that there has not been an application for a

license filed or transfer. She advised that some things did occur over the

weekend, but we have addressed the concerns and will continue to monitor the

situation.



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CITY ATTORNEY?S AGENDA:



THE FOLLOWING TWO ORDINANCES TO AMEND THE ZONING ATLAS OF COLUMBUS,

GEORGIA WERE SUBMITTED BY CITY ATTORNEY FAY AND A PUBLIC HEARING WAS HELD ON

EACH AS ADVERTISED:



An Ordinance - Rezoning property located at 5124 Buena Vista Road is

proposed for rezoning from R-1A (low density residential) District to C-3

(General Commercial). (5-CA-05-Williams)



PROPONENTS AND OPPONENTS:



City Attorney Fay recognized the presence of the petitioner, but no

presentation was made when no one came expressed opposition to the proposed

rezoning application.



In response to Councilor Turner Pugh regarding the proposed use for the

property, City Manager Hugley advised that it would be a daycare center.



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An Ordinance - Rezoning property located at 1322 & 1328 16th Street is

proposed for rezoning from R-3A (Medium Density Residential) District to A-O

(Apartment-Office) District. (6-CA-05-D.R. Properties, LLC)



PROPONENTS AND OPPONENTS:



City Attorney Fay indicated that the petition was present, but no

presentation was made when no one came expressed opposition to the proposed

rezoning application.



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THE FOLLOWING TWO ORDINANCES TO AMEND THE ZONING ATLAS OF COLUMBUS,

GEORGIA WAS SUBMITTED BY CITY ATTORNEY FAY AND A PUBLIC HEARING WAS HELD AS

ADVERTISED:



An Ordinance - Rezoning property located at 4841 Warm Springs Road is

proposed for rezoning from R-1 (Low Density Residential) District to R-3A

(Medium Density Residential) District. (4-A-05-Wade)



PROPONENTS AND OPPONENTS:



Mr. Wright Wade, the petitioner, came forward to advise that he plans are

to swap property that owns on Warm Springs Road with the church property to the

rear. He advised that he would use the additional property for his duplex

subdivision and the church could use more parking spaces; therefore, he is

swapping 100 ft. of property on Warm Springs Road for .6 acres of church

property in the rear.



There was some clarification regarding another rezoning petition to follow

this one that is also for property on Warm Springs Road, at which time, Mr.

Wade pointed out that these are two separate rezonings and the properties have

two different petitioners.



Mr. Wade added that we are putting a 20 ft. buffer around the property and

a six-foot fence that adjoins the residential on the rear and the sides. Once

it was determined that this buffer was not a condition listed in the ordinance,

Mr. Wade altered his comment to include just the 20 ft. buffer. Mayor Pro Tem

Rodgers said that he would offer that condition of the 20 ft. natural

undisturbed buffer around the property on the rear and the sides in the form of

a motion. Seconded by Councilor Allen and carried unanimously by those seven

members present for this meeting.



OPPONENTS:



Ms. Frances Lee, 5950 Morningside Drive, came forward to present some

pictures of the area. She spoke of being closed in by duplexes and

apartments. She then strongly suggested that the current zoning remain in

place.



Ms. Ruby Ingle, 5938 Morningside Drive, expressed concerns in that the

plans that were presented to her shows that Mr. Wade is encroaching onto her

property, at which time, City Manager Hugley assured that Mr. Wade could not

encroach onto her property; this could not be done.



Ms. Julie Moore-Parks, 5972 Morningside Drive, came forward and mentioned

some opposition letters that had been forwarded to the Clerk?s Office. (There

were no such letters filed with the Clerk of Council?s Office.) She discussed

the speculative grading permit that was issued to Mr. Wade after he was denied

a logging permit. She pointed out that the grading permit requires a 30 ft

undisturbed area that follows the right-of-way along the road with a 10 ft.

perimeter buffer along the remaining sides, but this is not in accordance with

Ordinance No. 95-58, which reads that a 20 ft buffer would be provided along

the entire perimeter of the property. She advised that the property has been

clear-cut and there is a 10 ft. difference in the buffer.



Councilor Turner Pugh asked that staff address the speculative grading

permit. Deputy City Manager Richard Bishop advised that State Law does not

require a logging permit, but under the Tree Ordinance we do review it to make

sure that it meets the tree ordinance. He pointed out that the rezoned

property in Ordinance 95-58 is not the same property that is in this rezoning

application. He made comments relative to the buffer requirements of the

ordinance adopted in 1995.



Mayor Pro Tem Rodgers clarifying the statements that were made advised

that nothing was done to the rezoned property of 1995, which means there is

nothing required in terms of the condition until a building permit is granted.

Deputy City Manager Bishop agreed with this statement. He added that the

former petitioner would have to bring forward his site plan to be reviewed by

the Engineering Department, and all of the conditions would have to be met. It

was once again pointed out that the property that Ms. Parks was referring to

was rezoned in 1995.



Councilor Turner Pugh requested that the staff revisit the buffer

ordinance and come up with a plan that would have an impact on the residential

properties, particularly when the zoning classification is zoned R-1 district

and the proposed zoning classification is R-3 district with there being four

different classifications in between the two. She said that when that happens,

we need to look at the residential perspective the same way we look at the

commercial.



Councilor Allen then asked that Mr. Wade use the overhead projector to

point out the entire proposed development to show the lots that would be

affected, at which time, Mr. Wade complied with the request.



In her concluding statements, Ms. Parks asked that something be done with

the residential tree ordinance, because she does not feel it is effective. She

then read excerpts from Section 20A-7(b) & (c) that ?prior to the issuance of a

site development permit or a residential development permit?. a tree protection

and/or planting plan shall be prepared and approved indicating compliance??.

She also mentioned that the residents had spoken to Mr. Wade regarding the

protection of trees, but the property has been completely clear-cut. She went

on to express her concerns by reading excerpts of the rezoning application

instructions that specifically reads for #15 that, ?three copies of a site plot

plan shall be submitted with and be made a part of the rezoning application.

The site plot plan shall show boundaries and dimensions of the area to be

rezoned, location and width of proposed structures, roads, required parking

spaces, buffers and driveways. She then displayed the map that she said was

submitted by Mr. Wade. Mayor Poydasheff advised that at this point, the map is

all that is required. Mayor Pro Tem Rodgers agreed that at this juncture, all

we are talking about is the new proposal, and that is all that is shown on the

map and not the entire project.



There was continued discussion regarding the map and the proposed

development of this property.



Mr. Jessie Parks, 5972 Morningside Drive, approached the rostrum to

reiterate some of the same concerns that were previously mentioned and to

advise of his objection to the proposed rezoning petition. He also added that

there are protected species in the wooded area with more specifically two

nesting red-tailed hawks, and a colony of bats and owls.



In response to comments of protected species, City Manager Hugley

determined that red-tailed hawks are not endangered species, but Mr. Parks

reiterated that his statement was that they are protected species not

endangered species.



Councilor Allen asked for the staff to explain about procedures and

requirements for the logging permit, at which time, Engineering Assistant

Director Donna Newman, then came forward to explain that the State Law does not

require a logging permit under the site development process. She said that

when the tree ordinance was enacted, a stipulation was put in there that if

there was 5 acreage or more and located in an A-1 zoning; then, they would be

exempt from the tree ordinance. She said for the acreage that were smaller,

they would be required to leave a buffer ad that is what the arborist refers to

as a speculative grade. She further explained that this is when the developer

goes out and logs the property in anticipation for development and they are

only required to leave a 30 ft., on average, which means it may not be 30 ft.

uniform all the way across, and they are allowed a maximum of two access

points. She said that they are not required to come into the Engineering

Department to get a permit from us for site development to just log a piece a

property. She added that it does have to be reviewed, inspected and approved

by the City Arborist but not from the Engineering Department.



In response to a comment by Councilor Allen, Assistant Engineering

Director Newman pointed out that it was not necessary for him to obtain a

logging permit.



Mr. Parks pointed out that now with the trees being cut down, we have to

deal with all of the noise coming from Warm Springs Road and the slamming of

trashcans from the Sandman, Inc. located on Warm Springs Road. Councilor

Turner Pugh then questioned the status of the 30 ft. buffer. Mr. Wade assured

that we are 30 ft. from the right-of-way of Warm Springs Road, and 20 ft. from

the rear of the property.



In conclusion, Mr. Parks spoke of the residents that are leaving the area

and taking historical landmarks with them and the traffic flow that would be

generated by the development, which he feels is under estimated. He then

called attention to a petition opposing this proposed rezoning and at the

suggestion of Mayor Poydasheff, submitted it to Deputy Clerk of Council Davis

to be filed for the record.



City Attorney Fay advised that there is one condition in the ordinance and

the Mayor Poydasheff suggested that this item be listed on second reading in

two weeks because of the work session on next week.



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An Ordinance - Rezoning property located at 4831 Warm Springs Road is

proposed for rezoning from R-1 (Low Density Residential) District to A-O

(Apartment-Office) District. (7-CA-05-Alexander)



PROPONENTS:



Mr. Mark Alexander, 6210 West Hamilton Park, said that he is present to

respond to any questions, at which time, Councilor Allen asked what were the

intentions for this property? Mr. Alexander responded that he would be

building apartments. When questioned about the number of units to be built,

Mr. Alexander said that we have stated that there would be 42 units built, but

that would be the maximum number and one curb cut.



Deputy City Manager Bishop then responded to a question from Councilor

Allen regarding sight distance in relation to the curb cut.



OPPONENTS:



When it was determined that the same individuals from the previous

rezoning were also in opposition of this other rezoning petition on Warm

Springs Road, Mayor Poydasheff suggested that since the same objections apply

to this rezoning, he would ask that the opponents not come forward to address

the same issues because their previous objections are now a matter of record.

The residents agreed that their objections had been heard and did not come

forward a second time. Mayor Poydasheff then thanked the residents for their

graciousness.



Mayor Poydasheff suggested that this item be listed on second reading in

two weeks, at which time, City Attorney Fay reiterated that this matter would

be voted on in two weeks.



Councilor Allen then asked the petitioner which buffer option would he use

for the development? Mr. Alexander indicated that he had not decided on this

matter. However, Mr. Alexander offered that there is a building setback

requirement of 40 ft. on the rear of the property. Councilor Allen made a

motion regarding the buffer option to use the 20 ft. undisturbed natural buffer

on the rear of the property. Seconded by Councilor Woodson and carried

unanimously by those seven members present for this meeting.



City Attorney Fay again announced that this matter would be listed on

second reading in two weeks.



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THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY

AND INTRODUCED ON FIRST READING:



An Ordinance - Forty-five day moratorium on applications for wireless

communication facility applications.



City Manager Hugley explained that the Unified Development Ordinance

(U.D.O) is a voluminous document and we have discovered a number of concerns in

the UDO, which takes effect March 1st. He said that we are asking for a

moratorium for 45 days on the wireless communication facilities, and we would

like to come back to the Council with some amendments to the UDO in the next

week or two. He pointed out that there are a number of typos and other changes

that we want to bring back to the Council for correction in addition to the

wireless communication facility; therefore, we would ask that the Council adopt

the moratorium at this time; then, we would be coming back with other

amendments and corrections to the UDO.



Councilor Turner Pugh asked questions regarding the garbage dumpsters, at

which time, City Manager Hugley explained that those locations that have

dumpsters must be enclosed and in the UDO that portion would take effect when

the UDO goes into effect on March 1st. In response to further questions by

Councilor Turner Pugh, City Manager Hugley maintained that the new ones would

have to come into compliance, but the others would be grandfathered in.



Councilor Turner Pugh recalled that the dumpsters on Martin Luther King,

Jr. Boulevard are right by the street and there are no coverings on them and if

we are serious about cleaning this city, especially Columbus South; then, those

are situations that we do need to look at. City Manager Hugley said that if we

want them to come into compliance; then, we would have to change the UDO.

Councilor Turner Pugh said that she does not mind giving them eighteen months

to come into compliance. City Manager Hugley stated that we could bring back

some language to address that.



Responding to more questions regarding the compliance of coverings over

trash dumpsters, City Manager Hugley explained that in the existing UDO that

would become effective March 1st, it is already in there. He pointed out that

we were proposing to delete that to grandfather them in; so basically, we could

just leave it as it was approved in the UDO, which gives them eighteen months

to come into compliance.



Mayor Poydasheff spoke of writing a letter notifying apartment owners or

to those that own rental property about complying with the health and

sanitation laws.



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THE FOLLOWING ORDINANCE TO AMEND THE ZONING ATLAS OF COLUMBUS, GEORGIA WAS

SUBMITTED BY CITY ATTORNEY FAY AND AMENDED BY THE COUNCIL AND APPROVED ON

SECOND READING:



An Ordinance (05-13) - Rezoning property located at Dawson Estates, NE of

Dawson Elementary is proposed for rezoning from R-1A (Low Density Residential)

District to R-2 (Low Density Residential) District. (75-CA-04-Whitesville

Development Corp.) Mayor Pro Tem Rodgers moved its adoption. Seconded by

Councilor McDaniel and carried unanimously by those ten members present for

this meeting.



City Attorney Fay advised that a draft amended has been passed around the

table to add a second condition to the ordinance to read as follows: ?All lots

adjacent to existing residential lots which front on Pierce Drive shall be a

minimum of 10,000 square feet.? Councilor Turner Pugh moved to include the

amendment into the ordinance. Seconded by Councilor Hunter.



Councilor McDaniel asked the petitioner, Mr. Wade, if he was in agreement

with the amendment and the response was in the affirmative. After brief

comments were made, Mayor Poydasheff called attention to the motion to amend

the ordinance that was carried unanimously by those seven members present for

this meeting. Mayor Pro Tem Rodgers moved adoption of the ordinance to include

the new amendment. Seconded by Councilor McDaniel and carried unanimously by

those seven members present for this meeting.



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THE FOLLOWING FOUR ORDINANCES TO AMEND THE ZONING ATLAS OF COLUMBUS,

GEORGIA WERE SUBMITTED BY CITY ATTORNEY FAY AND APPROVED BY THE COUNCIL ON

SECOND READING:



An Ordinance (05-14) - Rezoning property located at 5700 Billings Road is

proposed for rezoning from R-1 (Low Density Residential) District to A-1

(Agricultural) District. (1-A-05-Smith) Councilor Allen moved its adoption.

Seconded by Mayor Pro Tem Rodgers and carried unanimously by those ten members

present for this meeting. Mayor Pro Tem Rodgers moved its adoption. Seconded

by Councilor Turner Pugh and carried unanimously by those seven members present

for this meeting.



An Ordinance (05-15) - Rezoning property located at 5666 Forrest Road is

proposed for rezoning from R-1A (Low Density Residential) District to R-2 (Low

Density Residential) District. (2-A-05-Preston Holdings, LLC) Seconded by

Mayor Pro Tem Rodgers and carried unanimously by those ten members present for

this meeting. Mayor Pro Tem Rodgers moved its adoption. Seconded by Councilor

Turner Pugh and carried unanimously by those seven members present for this

meeting.



An Ordinance (05-16) - Rezoning property located at the eastern corner of

Cooper Creek Parkway and Milgen Road is proposed for rezoning from M-1 (Light

Manufacturing) District to C-3 (General Commercial) District. (3-CA-05-Woodmont

Properties, LLC) Councilor McDaniel moved its adoption. Seconded by Councilor

Turner Pugh and carried unanimously by those seven members present for this

meeting.



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THE FOLLOWING ORDINANCE AMENDING THE BUDGET FOR FISCAL YEAR 2005 WAS ALSO

SUBMITTED BY CITY ATTORNEY FAY AND ADOPTED ON SECOND READING BY THE

COUNCIL:



An Ordinance (05-17) - amending the budgets for the fiscal year 2005

beginning July 1, 2004, and ending June 30, 2005, for certain funds of the

Consolidated Government of Columbus, Georgia, appropriating amounts shown in

each fund for personnel actions and various other activities; and for other

purposes. Councilor Turner Pugh moved its adoption. Seconded by Councilor

Woodson and carried unanimously by those seven members present for this meeting.



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THE FOLLOWING EIGHTEEN RESOLUTIONS WERE SUBMITTED BY CITY ATTORNEY FAY AND

THEIR CAPTIONS READ BY MAYOR PRO TEM RODGERS AND ADOPTED BY THE COUNCIL ON A

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

CARRIED UNANIMOUSLY BY THOSE SEVEN MEMBERS PRESENT FOR THIS

MEETING:





A Resolution (83-05) - Expressing appreciation to Mr. Jack Mickle for his

meritorious service on the Board of Honor.



A Resolution (84-05) - Expressing appreciation to Ms. Beatrice Grant for

her meritorious service on the Housing Authority Board.



A Resolution (85-05) - Expressing appreciation to Mr. Wade Tomlinson for

his meritorious service on the Industrial & Port Development Commission.



A Resolution (86-05) - Expressing appreciation to Mr. Chuck Granberry for

his meritorious service on the Keep Columbus Beautiful Commission.



A Resolution (87-05) - Expressing appreciation to Ms. Marlene Sharpe for

her meritorious service on the Keep Columbus Beautiful Commission.



A Resolution (88-05) - Expressing appreciation to Ms. Susan Binns for her

meritorious service on the Keep Columbus Beautiful Commission.



A Resolution (89-05) - Expressing appreciation to Ms. Paula James for her

meritorious service on the Keep Columbus Beautiful Commission.



A Resolution (90-05) - Expressing appreciation to Mr. David Hay for his

meritorious service on the Keep Columbus Beautiful Commission.



A Resolution (91-05) - Expressing appreciation to Mr. William Baird for

his meritorious service on the Land Bank Authority Board.



A Resolution (92-05) - Expressing appreciation to Mr. Robert Turner for

his meritorious service on the Land Bank Authority Board.



A Resolution (93-05) - Expressing appreciation to Mr. Lee Grogan for his

meritorious service on the Land Bank Authority Board.



A Resolution (94-05) - Expressing appreciation to Mr. James Wilson for his

meritorious servi1e on the Land Bank Authority Board.



A Resolution (95-05) - Expressing appreciation to Dr. Ashok Kumar for his

meritorious service on the Land Bank Authority Board.



A Resolution (96-05) - Expressing appreciation to Ms. Charlene Le Bleu for

her meritorious service on the Planning Advisory Commission.



A Resolution (97-05) - Expressing appreciation to Ms. Susan Kleto for her

meritorious service on the Tree Board.



A Resolution (98-05) - Expressing appreciation to Mr. Brad Strickland for

his meritorious service on the Uptown Fa?ade Board.



A Resolution (99-05) - Expressing appreciation to Ms. Patricia K. Love for

her meritorious service on the Uptown Fa?ade Board.



A Resolution (100-05) - Expressing appreciation to Mr. Brown Nicholson for

his meritorious service on the Uptown Fa?ade Board.



A Resolution (101-05) - Expressing appreciation to Ms. Debra Garab for her

meritorious service on the West Central Regional MH, MR & SA Board.



(Councilor Woodson was absent for this vote, but immediately upon

returning to her seat at the table requested that her vote be cast in the

affirmative.)

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PUBLIC AGENDA:



MR. CHASE DAUGHTREY, FIELD REPRESENTATIVE FOR SENATOR ISAKSON FOR THE

COLUMBUS AREA, RE: AN INTRODUCTION:



Mr. Chase Daughtrey came forward to announce that he is the Field

Representative for Senator Isakson for the Columbus area. He provided a brief

updated on issues involving the State level by mentioning that Senator Isakson

is monitoring several issues that could affect Columbus in particularly, the

base closures. He said that the President?s budget is also a high priority and

proposed cuts in Community Development Block Grants. Mayor Poydasheff asked

that Mr. Daughtrey present a business card for distribution to the members of

Council to contacting purposes.



Councilor Turner Pugh requested that the staff send a letter to the

Congressional Delegation and the Senatorial Delegation as it relates to what

impact it would have on the City of Columbus as it relates to the cuts in CDBG,

as well as, cuts in COPS funding. Mr. Chase informed everyone that in the

President?s budget regarding CDBG grants, he is taking about eighteen of those

programs and combining them into one. He said that President Bush is asking

for roughly $3.7 billion to fund the program and the actual title would be

?Strengthening America?s Community Grant Program? and some of the particulars

of that program we are not aware of, but the White House is emphasizing that it

is somewhat similar to a community development block grant. He encouraged the

members of Council to send a letter to the senators, as we would continue to

look at this issue. Councilor Woodson asked for a listing of the eighteen

programs that the President plan to combine, at which time, Mr. Daughtrey

confirmed that he would provide that information.



Councilor Woodson asked about an emailing system that would let others

know what Senator Isakson is about to do or voting status? Mr. Daughtrey

replied that we are in the process of developing an email system in the future,

because Senator Isakson does want the citizens to know what is going on in

Washington. Mayor Poydasheff conveyed that he has spoken to the senators and

their associates in Washington concerning the status of Columbus in regards to

the Clean Air Act, and whenever a meeting is set up, we would like to attend.

Mr. Daughtrey the clear air act authorization is up this year and the senator

serves on the Environment and Public Works Committee.



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MS. SHEREE MITCHELL, RE: SMOKE FREE

COLUMBUS:



Ms. Sheree Mitchell, 7270 Northlake Drive, came forward to express her

support for a smoke free Columbus. She described growing up in a household

with parents who were smokers. She advised that her father passed away due to

cancer and reported on the health of her mother who suffers from cancer of the

mouth. She addressed the situation with public facilities and the unhealthy

second hand smoke that is being endured by others. She recalled that a

presentation was conducted before the members of Council regarding smoke free

establishments and she did not see where any questions were asked.



Mayor Poydasheff stated that the members of Council have previously

attended meetings where the same program was presented. He maintained that he

is not against a properly structured smoke free ordinance with the proper

exceptions for certain organizations and businesses. He reported that the

State of Georgia is considering an anti-smoking ordinance, and until we know

what the State is going to do in that regard, it would be unwise for Columbus

to structure any ordinance, because we don?t know if the State of Georgia is

going to overturn an ordinance that we may put in place.



Councilor Woodson clarified that there was a lot of discussion during the

process with several comments being made regarding the smoke free presentation

that was done. Ms. Mitchell asked that the Council consider a smoke free

ordinance. Councilor Hunter reiterated the remarks of Mayor Poydasheff and

agreed with Ms. Mitchell that the time is now to deal with this issue. He

stated that if the Georgia Legislators do not enact anything during this

session; then, the City of Columbus should propose a smoke free ordinance, but

we want to have an opportunity to see what the State does in this regard

first. Councilor Anthony suggested that Ms. Mitchell could act as a person in

small business recognizing that some legislation helps all businesses by

protecting the patrons as well as the workers of that business. He encouraged

Ms. Mitchell to act as somewhat of a representative for the small business.

Mayor Poydasheff asked that Ms. Mitchell discuss this issue with the Executive

Board of the Chamber of Commerce and get their position on this matter.



Councilor Woodson asked to be provided with copies of proposed anti

smoking ordinances. City Manager Hugley advised that this information was

provided last week, but he would make sure that she receives a copy.



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CITY MANAGER?S AGENDA:



THE FOLLOWING PURCHASING RESOLUTION HAVING BEEN INCLUDED WITH THE CITY

MANAGER?S AGENDA WAS SUBMITTED AND EXPLAINED BY CITY MANAGER HUGLEY AND ADOPTED

BY THE COUNCIL PURSUANT TO THE ADOPTION OF A SINGLE MOTION MADE BY COUNCILOR

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

SEVEN MEMBERS OF COUNCIL PRESENT FOR THIS

MEETING:





A Resolution (102-05) - Authorizing the purchase of five (5) refuse bodies

from Consolidated Disposal Systems, Inc., in the amount of $246,655.00.



A Resolution (103-05) - Authorizing the purchase of one (1) Harley

Davidson Motorcycle from Chattahoochee Harley-Davidson in the amount of

$18,500.00.



A Resolution (104-05) - Authorizing the purchase of one (1) mid-size, 4x4

four door SUV from Bill Heard Chevrolet in the amount of $19,590.00.



A Resolution (105-05) - Authorizing the purchase of thirty (30) MW800

Mobile Data Computers with automatic vehicle location, in the amount of

$269,373.60, from Motorola Corporation.



A Resolution (106-05) - Authorizing emergency purchase and installation of

a HVAC Roof Top Package Unit for Gallops Senior Center, from Holbrook Services

Company, in the amount of $13,946.00.



A Resolution (106-05) ? Authorizing the purchase of 800 tickets to Six

Flags Amusement Park in the amount of $22,800.00 for the G.R.E.A.T. Program.



Mayor Pro Tem Rodgers asked about the Refuse Truck Bodies purchase, at

which time, City Manager Hugley advised that there were a number of respondents

that did not meet the specifications. He reported that we pull specifications

from a number of different companies to seek the most reliable and economically

sound cost for the City. Mayor Pro Tem Rodgers said that the rejections seem

to center around one particular piece and he wanted to know what was special

about that piece to cause only one vendor to meet the specification. City

Manager Hugley suggested delaying the approval on this resolution until he

could provide more details on the matter.



Councilor Turner Pugh then amended her motion to exclude Item ?A? and for

approval of purchase Items (b) through (f). Seconded by Councilor Allen and

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



City manager Hugley recognized the present of Public Services Director

Rufus Riggs and called on him to address the question. Public Services

Director Riggs reported that there were two areas in which the other companies

did not meet the specifications; the size of the cylinder. He explained that

this was important so that the part could be used on different parts of the

truck body, and we requested 5 ? 5 ft. 5 in. cylinders and the other company

that did not meet the specification because they had 5 in. cylinders. He

pointed out that the other area that the other companies did not meet was the

thickness of the slide.



After hearing the response, Mayor Pro Tem Rodgers made a motion to approve

the Item ?A?. Seconded by Councilor Allen and carried unanimously by those

seven members present for this meeting.



*** *** ***



UPCOMING EVENTS:



City Manager Hugley made the following announcement regarding upcoming

events:



? Leadership Columbus Class of 2005: This group will be with us throughout the

day, because this is Government Day for Leadership Columbus.



? 18th Annual Black History Observance Breakfast: February 21, 2005, at the

Trade Center, at 7:30 a.m. The guest Speaker is the Honorable Barack Obama.



*** *** ***



GARBABE TRANSFER TRUCKS:



Councilor Allen request that the staff contact The Sandman Inc. on Warm

Springs Road regarding complaints from the citizens about the truck noise in

the early morning hours. He said to ask the company for their consideration in

structuring their time shifts for garbage transfer trucks.



*** *** ***



CITIZEN COMPLAINTS:



Councilor Woodson announced that Northside Chapel and Faith Tabernacle

would be having their Annual Unity Service on Sunday, February 20, 2005 at 6:00

p.m. at Faith Tabernacle Church.

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

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

CLERK OF COUNCIL?S AGENDA:



THE FOLLOWING ITEMS WERE SUBMITTED BY DEPUTY CLERK OF COUNCIL DAVIS AS

INFORMATION FOR THE MAYOR & COUNCIL:



(1) ACCG?s Legislative Update Newsletter, Volume 15, Number 3.



(2) GMA?s 2005 Legislative Alert Newsletter, Number 4.



(3) Notice of GMA?s Annual Convention, June 25 - June 28, 2005, in Savannah

Georgia.





*** *** ***



THE FOLLOWING TWO RESOLUTIONS WERE SUBMITTED BY DEPUTY CLERK OF COUNCIL

DAVIS AND WERE APPROVED BY THE COUNCIL UPON A SINGLE MOTION MADE BY MAYOR PRO

TEM RODGERS AND SECONDED BY COUNCILOR, WHICH CARRIED UNANIMOUSLY BY THOSE SEVEN

MEMBERS PRESENT FOR THIS MEETING:



A Resolution (108-05) - Excusing Councilor Glenn Davis from the February

15, 2005 Council Meeting.



A Resolution (109-05) - Excusing Councilor Nathan Suber from the February

15, 2005 Council Meeting.



*** *** ***



THE FOLLOWING RESOLUTION WAS SUBMITTED BY DEPUTY CLERK OF COUNCIL DAVIS

AND WERE APPROVED BY THE COUNCIL:



A Resolution (110-05) - Excusing Councilor Berry Henderson from the

February 15, 2005 Council Meeting.



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

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



*** *** ***



MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY DEPUTY CLERK OF COUNCIL

DAVIS AND OFFICIALLY RECEIVED BY THE COUNCIL:

Development Authority, November 4, 2004.

Development Authority, December 2, 2004.

Public Safety Advisory Commission, January 6, 2005.

Tax Assessors, No. 5-05.

Taxicab Commission, July 7, 2004.



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

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

present for this meeting.



*** *** ***



*** *** ***



THE FOLLOWING RESOLUTION WAS SUBMITTED BY DEPUTY CLERK OF COUNCIL DAVIS

AND WERE APPROVED BY THE COUNCIL:



A Resolution (111-05) - Approving the report of the Finance Director of

those alcoholic beverage licenses that were approved and/or denied during the

month of January 2005.



*** *** ***



THE FOLLOWING NEW ZONING PETITION WASD SUBMITTED BY DEPUTY CLERK OF

COUNCIL DAVIS AND A PUBLIC HEARING WAS CALLED FOR BY COUNCILOR

MCDANIEL:





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

Unified Development Ordinance to correct omissions and to clarify certain

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

and the Planning Division.) (9-A-05-Planning Div.)



*** *** ***



BOARD APPOINTMENTS:



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



Deputy Clerk of Council Davis advised that Mr. Jose Feliciano has

resigned; this is the Council?s appointment. Mayor Poydasheff advised that the

new Director of the Scholl?s School of Music is interested in serving on this

board.



*** *** ***



EMPLOYEES? PENSION PLAN, BOARD OF TRUSTEES:



Deputy Clerk of Council Davis advised that Mayor Poydasheff has nominated

Mr. Franklyn Lambert to replace Mr. Jack Nowell. Mayor Pro Tem Rodgers moved

confirmation. Seconded by Councilor McDaniel and carried unanimously by those

seven members present for this meeting



*** *** ***



BOARD OF HONOR:



Deputy Clerk of Council Davis advised that Mr. Jack Land has been

nominated to replace the late Mr. Philip Batastini. Mayor Pro Tem Rodgers

moved confirmation. Seconded by Councilor Turner Pugh and carried unanimously

by those seven members present for this meeting.



*** *** ***



Mayor Poydasheff asked at this time if there was anyone in the audience

who had a matter to bring before this Council on City business. No one came

forward.



*** *** ***



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

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

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

meeting with the time being 10:40 a.m.



*** *** ***





Sandra T. Davis

Deputy Clerk of Council

The Council of Columbus, Georgia