Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

SEPTEMBER 9, 2003





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

order at 9:00 A.M., Tuesday, September 9, 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 S. Anthony, Glenn Davis, Berry H. Henderson,

Julius H. Hunter, Jr., Charles E. McDaniel, Jr., Evelyn Turner Pugh, Nathan

Suber and Evelyn Woodson. City Manager Carmen Cavezza, City Attorney Clifton

Fay, Clerk of Council Tiny B. Washington and Deputy Clerk of Council Sandra

Davis were also present.



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ABSENT: No one was absent.



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INVOCATION: Offered by Pastor Don Wilhite- Calvary Baptist Church.

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

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MINUTES: Minutes of the September 2, 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 Allen, which carried unanimously by those ten members of Council

present for this meeting.

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CITY ATTORNEY?S AGENDA



THE FOLLOWING RESOLUTION WAS SUBMITTED AND READ IN ITS ENTIRETY BY

COUNCILOR SUBER AND ADOPTED BY THE COUNCIL:



A Resolution (431-03) - Opposing the marketing of water rights or water

withdrawal permits in Georgia. Councilor Suber moved its adoption. Seconded by

Councilor McDaniel and carried unanimously by those ten members of Council

present for this meeting.



Councilor Suber said he would like to thank Mr. Jim Butler for bringing

this matter to our attention and making sure we are on top of this issue.

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PROCLAMATIONS:



?HOUSE OF HEROES?:



With Mr. Greg Camp, Ms. Susan Gerkin, Mr. Carl Hoop, Rev. Rich Wright, Mr.

Dick Stone, Ms. Elaine Gillespie and Ms. Carol Dudley standing at the Council

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

September 12 ?26, 2003, ?House of Heroes Days? in Columbus, Georgia.



Councilor Anthony then read a letter from a daughter of one of the

Veterans who have had their home worked on, thanking the House of Heroes for

what their organization has done to help her parents out with their home.



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CHAMBER OF COMMERCE:



Mr. Mike Gaymon, President of the Chamber of Commerce said back in the

early 1980s, a commitment was made in that the Chamber of Commerce and the City

would partner in finding ways to have a stronger public/private partnership. He

said at that time the Chamber of Commerce joined with the City in saying that

they would co-sponsor many activities and find ways to work together. He said,

as you know, we have continued that and that is why Columbus is viewed upon as

having the best model of public/private partnerships in our State.



He said today he would like to introduce to the Council, Mr. Tom Scott,

Executive Vice-President in charge of Chamber and Community Development, which

includes the operation of our Governmental Affairs Program that works with

Local, State and Federal Government. He said Mr. Scott has a new person who is

coming on staff to work with him and wants to introduce him to the Council.



Mr. Tom Scott then appeared and introduced Mr. Harold Bryant, who will be

the contact person for the Chamber?s initiative in Governmental Transportation,

Riverfront Development and Environmental Initiatives. He said Mr. Bryant brings

a great deal of experience to the Chamber as he has worked with the local

government, as well as the State and National Government. He said he would also

be supportive to the initiative of the military affairs, which are lead by Mike

Gaymon and Biff Hadden.



Mr. Bryant said he looks forward to continuing to work with a group of

people that he deeply respects and said to please call on him for any time that

he can be of service to the City of Columbus where we can continue to

successfully pursue new projects.



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COLUMBUS WATER WORKS:



Mr. Cliff Arnett of the Columbus Water Works said since the late 50s, the

Columbus Water Works has been involved in treating wastewater for the City of

Columbus and since that time, there have been a number of innovations. He said

we have come before you in recent years with some of the awards that they have

received for some of the treatment processes that they do at the Wastewater

Treatment Plant.



He said there are two basic processes in wastewater treatment, a liquid

process as well as solid process and said it is the solid process that has

given them a lot of anguish over the years and what to do with the byproducts

of the wastewater treatment process, which are bio solids. He said in recent

years, regulations have changed to the point where they can no longer just

apply those bio solids in a place that they want to.



Mr. Arnett said that the Columbus Water Works has embarked on a new

research project that is a national demonstration project to deal with a new

process called ?Bio Solids Flow Through Thermophilic Treatment? (BFT3). He said

on yesterday, they had a groundbreaking ceremony at the Wastewater Treatment

Plant to inaugurate the start of this construction for this project.



He said this project is being jointly funded through Congressional

appropriations made possible by the fine efforts of our Congressional

delegation. He said we expect to receive approximately $6 million in grant

funding, to go with the $6 million from the Water Works, for a total of a $12

million project.



Mayor Poydasheff said this is evident of the work that this Council and

the City Manager does with the Columbus Water Works, as well as our State and

Federal delegation. He said this is why Columbus, Georgia is proud to have

Columbus Water Works, which is continuing to be on the cutting edge of water

development.



Councilor Woodson asked Mr. Arnett to contact her at a later date, as she

has a matter to discuss with him regarding a small business owner being asked

to do some work on the backflow of water; however, they have given them a

limited amount of time to make these repairs. She said with this being a small

business this causes a financial burden on that business.



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THE FOLLOWING RESOLUTION, NOT LISTED ON THE AGENDA WAS SUBMITTED AND READ

IN ITS ENTIRETY BY COUNCILOR MCDANIEL AND ADOPTED BY THE

COUNCIL:





A Resolution (432-03) - Endorsing the candidacy of Evelyn Turner Pugh for

the National League of Cities Second Vice President at the 2003 Congress of

Cities meeting in Nashville, Tennessee and we urge all delegates thereto to

support her candidacy. Councilor McDaniel moved its adoption. Seconded by

Councilor Suber 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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PROCLAMATIONS CONTINUED:



?NATIONAL ASSISTED LIVING WEEK?:



With Ms. Kim Haberdorn, Executive Director of Morningside Assisted Living,

along with some of the residents, Ms. Brenda Jenkins, Program Director and Ms.

Alice Davis, Assistant Executive Director, Ms. Melissa Morgan, Residents

Services Director and Ms. Carolyn Harris, Food Service Director, standing at

the Council table, Councilor Henderson read Mayor Poydasheff?s proclamation,

proclaiming September 8 - 12, 2003, ? National Assisted Living Week? in

Columbus, Georgia.



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?SAFETY PATROL APPRECIATION WEEK?:



With Mr. Paul DeBall, Traffic Safety Coordinator of the AAA Auto Club

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

proclamation, proclaiming September 8 - 12, 2003, ?Safety Patrol Appreciation

Week? in Columbus, Georgia.

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LETTER FROM NICK KNOWLES:



City Attorney Fay said he wants to thank Nick Knowles for his letter and

said his class at the Lady of Lourdes Catholic School is studying government

and he mentioned the judicial branch. He said all lawyers are regulated by the

Supreme

Court of Georgia; and said he was right on that. He said the Council today is

meeting as a legislative body and we are going to hear several public hearings

on zoning matters and said they are going to meet as legislators today.



ZONING PUBLIC HEARINGS:



THE FOLLOWING ZONING ORDINANCE, HAVING BEEN DELAYED FROM THE AUGUST 19,

2003 COUNCIL MEETING WAS SUBMITTED AND ITS CAPTION READ BY CITY ATTORNEY FAY

AND A PUBLIC HEARING WAS HELD AS ADVERTISED AND ITS FIRST READING DELAYED AGAIN

FOR ONE WEEK: ____



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.)



City Attorney Fay said there are several conditions that have been put in

the ordinance that the Council voted on at the last Council meeting.



Councilor Allen said that Mr. Bowles had called him and wanted to set up a

time to meet with him on this matter; however, he was out of town and unable to

meet. He said we had talked about the cemetery and some support mechanism that

he was going to report back to us on and said he would like to hear those today.



PROPONENTS:



Mr. Bowles, the petitioner said they did go out and look through the

cemetery and said he can understand Councilor Allen?s concerns because some of

the tombstones are fairly close to the property line. He said they are

proposing to put a privacy fence along that boundary of the cemetery and leave

the back 10 feet of the property adjoining the cemetery undisturbed.



Councilor Allen said once we do it the way that Mr. Bowles has just

explained, if someone moving in a few years from now decided to cut that down,

there would be no prohibition on that. He said he was wondering if the City

Manager could comment on possibly putting that area in the Land Trust, so it

wouldn?t be disturbed and the City would have control over it.



City Manager Cavezza said he thinks that the Land Trust has a minimum

acreage requirement and said he would have to check to see what that is. He

said the developer would have to donate that to the Land Trust.



Mr. Bowles said if we are talking about a 10 feet strip bordering the

cemetery, it appears to be maybe 300 feet long, so 3,000 square feet.



City Manager Cavezza said we would have to go to the Chattahoochee Land

Trust to see if this meets their criteria.



Mayor Poydasheff said that is a good suggestion; however, in the meantime,

perhaps the Council might want to entertain a motion, to incorporate into the

ordinance, what the developer is saying he will do to protect the cemetery and

the surrounding area.



City Attorney Fay said that would be possible and then said there is a

proposed Condition #6 that is on the table, which states that the developer

shall stabilize and protect the adjacent cemetery lots so as to prevent erosion

of said lots and said we could add into that a 10 feet buffer and a fence, if

that is agreeable.



Several minutes of discussion developed on this aspect of the 10-foot

buffer, with Mr. Bowles questioning whether or not that 10-foot strip would

become the homeowner?s property with an easement or would they be giving up the

right to this 10-foot strip.



Councilor Allen said they would be giving up the right to that 10-foot

strip; however Mr. Bowles said that the 10-foot strip would help with the

square footage of the lot and said if there is a way that they could do this in

another fashion by means of easement, whereby the land could stay with the

property when it is sold; in order to help the square foot requirement be met

in the R-2 zoning.



Mr. Bowles then responded to several questions of Mayor Poydasheff and

members of the Council, in explaining what his plans are in this project as

well as members of the Council expressing their views regarding this proposed

zoning project.

City Attorney Fay also responded to concerns of the Council.



Mayor Poydasheff asked Mr. Bowles if he could wait one additional week in

order to allow some of the concerns of the Council to be addressed, to which

Mr. Bowles said if the Council is requesting another week, they are prepared to

wait another week.



Councilor Henderson said he thinks the main thing is the notification

issue and said if we were to do something that both constructively and in

writing gave some kind of evidence that this took place. He said he understands

the developers problem, as they have worked hard on crafting a site/plot plan

and if you diminish the amount of square footage, then either this body has to

allow an exception on a few lots or he will have to redesign his project, which

he thinks create another unnecessary delay.



He said he thinks it could be addressed with some kind of easement or

writing it into the covenants that there would be a 10-foot protected area. He

said as Councilor Turner Pugh suggested, if you placed the fence 5-feet inside

the property line, in any real estate closing, the attorney will bring that up

and that will cause the attention to the covenant and why it is there. He said

he thinks that is a reasonable attempt that we can make to try to protect that

area.



Councilor Suber said he thinks it is unfair to make it the property

owner?s responsibility to protect an easement that were legally sold; because

you are taking away some property rights at that particular time. He said if we

can?t grant the cemetery, which is rightfully due the respect, he can?t support

that. He said either the developer would lose two lots or determine a way to

reconfigure his project.



Councilor Allen said if Mr. Bowles is willing to put that into the

covenants as Councilor Henderson has described, he would make a motion that we

include that as part of the ordinance.



City Attorney Fay said he could incorporate that into the last condition;

however, he would need a copy of the plat.



Mayor Poydasheff then asked Mr. Bowles if they would agree to that

condition. Mr. Bowles asked Councilor Allen to state the requirements for

further clarification.



Councilor Allen said the 10-foot on the back portion of the lot would

continue to be a part of the lot; however, there will be a fence set back

5-feet off the property line, which will be incorporated into the covenants. He

said you would incorporate into the covenants as to why the fence is there and

why the 5-feet is still a part of their property, but they can?t encroach into

that, because of the cemetery. He said as the property is being sold, the

attorney will be able to explain that to the buyers and they would have a full

understanding of what?s going on and why.



Mr. Bowles said he does concur. Councilor Henderson then seconded

Councilor Allen?s motion.



Discussions continued on this subject, with members of the Council

expressing their further views on this matter and City Manager Cavezza then

responding to further questions, after which the question was then called on

Councilor Allen?s motion, which carried by a vote of 6 ? 4, with Mayor Pro Tem

Rodgers and Councilors Davis, Turner Pugh and Suber voting no and all other six

Council members present voting yes.



City Attorney Fay said he will get the correct language and incorporate it

into the ordinance.



Councilor Davis said there is one condition that he and the City Attorney

had discussed, which the developer has agreed upon; however, it is not included

in the ordinance and then asked the City Attorney to read it into the record.



City Attorney Fay said he doesn?t know if the developer has seen this new

condition. Councilor Davis said it is not a new condition, but said it is what

we agreed upon. He said it was left out of the ordinance.



City Attorney Fay said the proposed condition reads that the developer

shall plant at least five (5) large canopy trees to the east of the entrance

from Double Churches and within sixty (60) feet of the cemetery property.



Mr. Bowles said he doesn?t have a problem with that condition. City

Attorney Fay then said that a motion would be in order on that. Councilor Davis

so moved. Seconded by Councilor Allen and carried unanimously by those ten

members of Council present for this meeting.



City Manager Cavezza seeking clarification on this motion then asked if

this implied that there is no clearing behind that fence. Mayor Pro Tem Rodgers

said that is correct.



OPPONENTS:



The following individuals then appeared and expressed their opposition to

the proposed rezoning ordinance to rezone property at 1150, 1156 & 1155 Double

Churches Road:



Ms. Linda Venstra, of the Moores Forest Subdivision appeared and expressed

her opposition to this proposed rezoning. She went into some details in

explaining the two reasons why she opposes the rezoning, stating that the

property is not compatible with the surrounding residential zoning and that it

will exasperate the traffic problems that already exist in the area.



In addressing the traffic impact in the area, Ms. Venstra said the

Transportation Planning Division has developed a March 2003 Report, which she

says that it is deficient in several aspects. She said it only considers the

street network and does not include the intersection at all. She said the

information in the Traffic Study doesn?t accurately reflect the current

traffic.



She said she is asking the Council not to make a bad traffic situation

worst. She said the traffic study is incomplete because it is not based on

accurate data and does not consider cumulative impact; therefore, she is

opposed to the rezoning of this property to R-2.



Mayor Poydasheff asked Ms. Venstra to provide a copy of her presentation

to the Clerk of Council, for the Council?s records.



Mr. Winston Dahl 1095 Double Churches Road said during the previous

presentation by the developers, it was mentioned that they wanted to and had

somewhat of a concurrence on the bigger problem in the area, which is the three

acre lake; whereby, they wanted to cover up half an acre. He said he noticed

in some documentation when they first started out, they wanted a one and a half

acre cover up of that three acre lake and at the August 19th Council meeting,

they proposed a half acre cover up of the lake with no specific reasoning.



He said this gets into the major problem of this development and surpasses

the problem that can be solved above ground with the cemetery. He said every

time they get heavy rain, there is a major impact of the periphery of the dam,

which is the area behind the proposed development, as well as on the west side

rear of the new development of Kirkwood. He said they have people with their

yards flooded from the heavy rain.



Mr. Dahl said covering up any of that lake is unacceptable and will not

address the long range plans and if developed, by reducing that or leaving it

untouched without a scientific water survey, to see what else can be done. He

said if this matter is ignored, later on the developer and the City of Columbus

could be a party to that avoidance.



Mr. Dahl spoke for some eleven minutes in expressing his further views

regarding this matter and said in listening to the meeting of the Planning

Advisory Commission, he feels that this rezoning would be spot zoning.



Mayor Poydasheff said legally that it is not considered spot zoning, but

said it may be contrary to the plan. He said an example of spot zoning would be

putting a C-2 or a C-1 into an R-2 or R-1 area. He said residential is

residential and the issue is not spot zoning; however, it is the density.



Mr. Dahl pointed out that he has submitted information to the Mayor &

Council and provided a list of names and addresses of those individuals who

opposes this rezoning. He said he has an additional list of names, which he

filed with Clerk of Council Washington.



In his conclusion, Mr. Dahl said they strongly recommend denial of this

rezoning from R-1 to R-2 for all the reasons he has stated; however, in the

spirit of compromise, they do have an alternative. He said as representation of

their community, recommend a rezoning from R-1 to R-1A with the following

conditions:



(1) The developers continue the 40-foot setback from Double Churches Road.



(2) 25-foot buffer from the cemetery, with a minimum of a 6-foot privacy

fence.



(3) Forewarned on the impact study and the problem with the lake overflow.



(4) No space reduced without additional water regress.



(5) 3-acre greenspace around the dam.



Ms. Becky Carter, 7176 Village Loop said she is the southern property

owner, as well as owns property to the east of this proposed rezoning. She said

not many

people are directly impacted by this rezoning; however, she has spoken with

some people in Kirkwood who have a problem with the neighbor in between the

lake and Kirkwood. She said he is an out-of-town property owner and doesn?t

care. She said he has shown that by the water flow that they are currently

serving. She said there is a problem with the notification process because

individuals who are being impacted are not being notified. She said they called

her after seeing her name in the newspaper from the previous meeting, to find

out more about it.

Ms. Carter said she knows how the water runoff is because she has property

that comes south of the lake where the creek starts to form. She said she has

seen how the land has been changed and she is worried about the water; however,

she is sure that engineering will handle all of that.



She said the developer has shown a willingness to compromise, to have the

greenspace to the west and to restrict the lake modification; and now have

agreed to work on the northeast side of the property; however, the people in

the process had to bring these issues forward.



Ms. Carter said we need a better Code, a Code with options for today?s

needs, one that offers solutions to the nagging problem of space versus

development. She said a City should blend many different lifestyles and strive

to make many communities and encourage neighborhoods that combine alternatives

of urban and rural environment.



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

heard on this matter, but there were none.



Mayor Poydasheff then asked if there was a vote to delay this matter, to

which Councilor Davis then made a motion for a one-week delay. Seconded by

Mayor Pro Tem Rodgers and carried unanimously by those ten members of Council

present for this meeting.



City Attorney Fay then advised that this ordinance would be back on first

reading at next week?s Council meeting.



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THE FOLLOWING FOUR ZONING ORDINANCES WERE ALSO SUBMITTED AND THEIR

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

ADVERTISED:



An Ordinance - Rezoning approximately 11.145 acres of property located at

7300 Old Moon Road froman R-1 District to an A-0 District. (24-CA-03-Hope

Givers International)



PROPONENTS & OPPONENTS:



Pastor Don Wilhite, the petitioner was present, but he did not make a

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

ordinance; however, he did respond to several questions of Councilor Davis.



Pastor Wilhite, in response to Councilor Davis said Hope Givers

International is currently housed on their church campus and said it is a

separate 501-3C organization that funds 2,700 churches in India, 6,000 orphans

and said the Ministry has simply outgrown the space that we have allotted for

them on their campus. He said they have an office and a mission house there,

and said when this property became available to them, which is currently a

house that has 3,600 sq. feet on it, whereby they will convert it to an office

building and move the office down there and maintain the mission house as it

is. He said somewhere in the future they will surely add an additional office

building as their Ministry grows.

He said it is intended primarily to be an office complex for their

international missions work to India.



Councilor Davis said normally on issues like this, we have requested plans

to see exactly what is going to be asked of this Council and in this case,

there is a house on this piece of property that will be used for offices;

however, you want us to rezone close to 12 acres A-O.



Pastor Wilhite then responded to further questions of Councilor Davis,

after which Zoning Administrator Will Johnson also responded to questions of

Councilor Davis, as to the buffer requirements.



Mayor Poydasheff said there is a buffer requirement and said the ordinance

will take precedent over anything. He said it is all in the record and said

there doesn?t seem to be any objections and personally he doesn?t see any

problems with it; however, if there are any questions that comes up between now

and the second reading, then Councilor Davis and Pastor Wilhite can get

together on it.



Councilor Davis said he would like to make a motion that we limit the A-O

rezoning request to offices only and if there are any changes in the future; if

they want to make changes, then they would need to come back to this Council.

He said we will have a full understanding of what?s happening as opposed to

just freely rezoning it.



Pastor Wilhite said they don?t have any other plans right now, but said he

doesn?t see the need for it, in light of all the other property around it

already being zoned A-O.



Councilor Davis? motion dies for the lack of a second.



Councilor Woodson said once you put an area A-O, you could not exclude

anything of that classification, because if we could have done that, she should

have done that on a piece of a property. She said once an area is rezoned A-1

or A-2, you could not restrict it.



Mayor Poydasheff and City Attorney Fay said you can restrict usages.

Councilor Woodson then said that is not what she was told. She said she would

have to discuss this later with the City Attorney, because she has a problem

with a contractor.



Councilor Davis said he made that motion because normally it has been

consistent with what he has noticed from the Council, whereby in the past we

have asked for plans from developers to show us exactly what they are doing and

said that is why he asked for that motion.



City Attorney Fay then declared this public hearing held and pointed out

that this ordinance will be voted on next week.



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An Ordinance - Rezoning approximately 4.5 acres of property located at 1602

Celeste Drive fromR-1A and R-2 Districts to an R-3A District. (25-D-03-Preston

Holdings, LLC)



PROPONENTS:



Mr. Fred D. Peak, Managing Member of Preston Holdings, LLC. , introduced

his son Mr. John Peak and Mr. John Grot, Consultant for this proposed rezoning

project.



Mr. John Grot, 893 Daylake Drive, Midland, GA said they were hired in

2002 by Mr. Fred D. Peak and his company to study this piece of property and

determine what would be the optimum utilization for this property. He said in

the course of their study, they had a number of community meetings, sent out

questionnaires, as well as made telephone calls and did individual interviews.

He said it is Mr. Peak?s philosophy that it is also his responsibility to take

care of his neighbors and said his neighbors are not only the people that live

near him, but also the people who live near the property that he is building on

and developing.



Mr. Grot said they identified in the course of their study, that one of

the things that seems to be lacking in a number of areas in the City is the

fact that there is really no place provided where the empty nesters who are no

longer wanting to or capable of taking care of the exterior of their property,

i.e., their lawns, gardens, the outside of their house where they can move and

still live in a close proximity where their neighbors are, or as opposed to

where they might have moved next door.



He said this is a condominium type facility tailored towards retirement

type people and said they believe there needs to be an area like this provided

in close proximity to where they live. He said the closest development similar

to what they are looking at is in the Hidden Lakes development, which is 6.5

miles away.



Mr. Grot said they have already negotiated a easement for the sanitary and

storm water runoff area on an adjacent piece of property. He said the Planning

Advisory Commission?s vote in favor of this project was unanimous after they

heard their presentation.



He continued for some ten minutes in outlining the study that was done for

this proposed project.



Mr. Peak said he has owned this piece of property for about five years now

and during that period of time he was trying to figure out what would be the

best and highest use for the property. He said in driving through Atlanta about

a year ago, he saw a project similar to what he is proposing to put on this

piece of property.



He said the project that would go on this site would be about a $4.5

million project and it would house approximately 25 townhouses and 14 one-story

units for a total of 39 units. He said it would create approximately 50

construction jobs and have a construction payroll of approximately $1.5

million, with other fees relating to the project in the amount of $62,000. He

said the price range of these units would be $112,000 - $125,000.00.



Mr. Peak said the long-range impact is that it should create approximately

$55,000.00 in annual property taxes, $6,000 - $7,000 in other City revenues,

and would have a payroll of 5 ? 7 people, with a payroll of approximately

$192,000.



Mayor Pro Tem Rodgers then interrupted Mr. Peak in his presentation and

said he is interested in hearing the reason for the Planning Division?s denial

of this project, in the fact that it is not compatible with existing or future

land use plans for that area.



Mr. Grot said they have had a number of meetings with Mr. Will Johnson of

the Planning Division and said he thinks that the objection here is a technical

one and not in the concept. He said if you talk with Mr. Johnson he will tell

you the idea of the project is a good one; however, technically, the properties

around the area are R-2 and technically that is correct. He said future plans

call for the area to be low density residential, but there are a number of

places within that future plan that are not developed yet and there are going

to be objections to those as well. He said it is a matter of the concept that

they are bringing forward. He said if you ask Mr. Johnson and his people, they

are going to say that they feel this is a very good and appropriate use for

this piece of property; however, technically it is outside of those ranges.



He said they were shocked that the Planning Division denied it when they

got their report back, but they did what they did; which he said was for

technical reasons.







City Manager Cavezza said the reason for the denial, as stated by the

Mayor Pro Tem is because it is not compatible with existing and future land

use. He said what the staff thinks is irrelevant in their personal opinion,

because we are following the rules that are approved by the Council.



Some members of the Council then expressed their views regarding this

proposed issue.



Mr. Morris Parker, #7 Clayton Court, Phenix City, AL. said in managing

several properties out in that area, he thinks this would be a great asset to

the elderly people that they are targeting to put in those facilities, as well

as the families by keeping them close to home and close proximity of their

children and grandchildren.



Councilor Turner Pugh said as she has stated previously, the issue is not

the project itself, as the project is wonderful, but the placement of the

project and the relationship to other properties within that same area is the

issue.



OPPONENTS:



Mr. William Lyde, 6201 Cordova Road said he owns property adjacent to the

property that LLC is trying to develop. He said he is opposed to putting

condominiums in the middle of a family housing area. He said there is a lot of

traffic in the area, as there are two schools within one and one-half to two

miles, the area is zone R-1 & R-2 and said to try to put an R-3 right in the

center of all of that would not be in the same arena with the other zoning in

the area.



He said he feels that the value of the property would decrease if these

condominiums are allowed to go in this area. He said there is already traffic

congestion on Cordova Road, which connects to Celeste Road and with these

condominiums being built there it would create more traffic problems.



Mr. Lyde said that trust and integrity plays a very key part in his life

and said since he has had a most recent legal confrontation with the developer,

he feels that trust and integrity is at stake here. He said he is in total

opposition to building condominiums in this neighborhood.



City Attorney Fay then advised that the ordinance would be voted on at

next week?s Council meeting.



*** *** ***



An Ordinance - Rezoning approximately 11.98 acres of property located at

2100 Hilton Avenue & 2500 Woodcrest Drive froman R-1A District to an R-3

District. (26-CA-03-St. Thomas Episcopal Church)



Mayor Poydasheff said what St. Thomas Episcopal Church is doing here is

trying to extend their hours and said as a condition of the rezoning, if the

church ever vacates the building, the property would revert back to its

original R-1A use.



City Attorney Fay said that is Condition Number Four as outlined in the

ordinance.



PROPONENTS:



Father Hahn said the extension is for St. Thomas Preschool, which has been

in that location for 43 years and has been currently operating from 8:00 a.m. ?

12:00 noon and they are requesting to expand their hours until 5:00 p.m. He

said the licensing that is required for that also requires the rezoning.



Mayor Pro Tem Rodgers said consistent with his feelings in the past, he

cannot support this request in this type of residential neighborhood; because

what it amounts to is a commercial venture by you expanding your facilities and

hours of operations. He said we would not grant a license for a commercial

daycare center to operate within this neighborhood. He said as much as he

respects the church, he cannot allow the church a leg up just because they are

a church in a residential neighborhood; therefore, he cannot support this

petition.



Several members of the Council then expressed their views in this regard,

after which Father Hahn responded to several questions and concerns of the

Council.



Mayor Poydasheff said in this case, this is only an extension of time, but

in the other case, there is building.



City Manager Cavezza said the four hours is the cut-off and said before we

can extend to them a business license, they have to come in and ask for the

Certificate of Occupancy for this and that impacts the change for a zoning

change.



City Attorney Fay then declared this public hearing has been held and

advised that the ordinance would be voted on at next week?s Council meeting.



*** *** ***



An Ordinance - Rezoning approximately 2.5 acres of property located on the

Northeast of 1700 Fountain Court froma C-3 District to an A-0 District.

(27-CA-03-Corbett)



PROPONENTS & OPPONENTS:



Mr. Marty Flournoy, representing the petitioner was present, but he did

not make a presentation, as there was no one present to oppose this proposed

rezoning ordinance; however, he did respond to several questions of Councilor

Davis.



In response to Councilor Davis, Mr. Flournoy said Steve Corbett built the

Grand Reserve Apartments and said his property line is offset, which comes

further to the north where the office is located and said this allows him to

square up his property line and in conjunction with that they will complete the

landscaping with trees along Fountain Court. He said they are planning on

building three apartment buildings.



Councilor Davis said the land was zoned C-3 in the past and now that we

are rezoning it, does that mean the rezoning will meet all of the regulations

of the ordinance, as of today. City Manager Cavezza said it would.



Councilor Davis said he wanted to know if we have had any further

discussions on how we are going to work on the traffic flow needs in that area

right there at the intersection. He said he knows that we have talked a lot

about Whitesville and Williams Road.



Deputy City Manager Richard Bishop said if you are specifically talking

about Williams Way where it misaligns with the entrance into the Welcome

Center, they have had some initial meetings with the Department of

Transportation to see if they are receptive to allowing us to use their

driveway to access the property that was rezoned a few weeks ago. He said if we

can do that we would be able to realign that intersection to make that a better

transition there. He said they are also working on the design to do all the

improvements at the intersection of Williams and Whitesville Road.



Mr. Flournoy said when they put in Fountain Court, Ron Hamlett of the

Engineering Department required them to put in acceleration/ turn lane and they

did the island; so, they did some offsite improvements, condition to their

approval.



City Attorney Fay then asked if there was anyone who wanted to speak in

opposition to this proposed rezoning ordinance, but there were none. He then

declared this public hearing as being held and advised that this matter will be

voted on at next week?s Council meeting.

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

CITY ATTORNEY?S AGENDA CONTINUED:



THE FOLLOWING ORDINANCE WAS SUBMITTED AND ITS CAPTION READ BY CITY ATTORNEY FAY

AND AFTER SOME DISCUSSION INTRODUCED ON FIRST

READING:



An Ordinance -. Providing for the demolition of structures located at 148

Torch Hill Road (Lovett Cook II, owner), 312 ? 8th Street (Gladys Green,

owner), 2927 E. 7th Street (Cora Mae Coleman James, owner), and for demolition

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

Bid sheet.



Ms. Gladys Green, 1317 Glenwood Road appeared to speak to the property of

312 8th Street. She said on last year, the building inspector told her there

were some things that she needed to do to her property and said she paid a man

$3,000, but said it still was not up to par. She said she decided to sell the

house to Mr. Bussey and in May of last year, she went to sign the agreement;

however, his attorney told her that she needed to wait until her divorce was

final or get her husband to give her a quitclaim deed. She said while waiting

for this to occur, the City wanted her to fix up the house or tear it down, but

she was still waiting for Mr. Bussey to purchase the house; so since he hadn?t

purchased it; she then hired J. K. Builders to bring the house up to standards

for the City and he started working on the house, took her money and hasn?t

done enough work to satisfy the City. She said she was trying to save the house

so that she could sell it.



Ms. Green said with the position that she is in right now with getting a

divorce and not being able to borrow enough money to fix the house up, she got

two estimates to tear the house down. However, with her being in a financial

bind, she is here asking the City for some additional time, to allow her to

tear the house down herself.



Mayor Pro Tem Rodgers said he doesn?t have a problem with Ms. Green

tearing the house down, but the point of the action is to rid the neighborhood

of the eyesore and the uninhibited dwelling. He then asked Ms. Green how

quickly could she have the house down.



Ms. Green said she thinks that she could have the house down within a

month or 45 days.



City Manager Cavezza said he would recommend that the Council go through

the process and then establish a date by which the property should come down

and said if she meets that date, that?s fine, but if not; then we will take it

down.



Mayor Pro Tem Rodgers said he didn?t have a problem with that.



City Manager Cavezza said, Ms. Green would need to come in by next week

and give us a date by which she thinks that she could have the property torn

down.



City Attorney Fay then advised Ms. Green that she needs to get together

with the City Manager?s staff on a timetable as to when she thinks she could

have this done.



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

heard, but there were none. He then advised that this ordinance would be voted

on at next week?s Council meeting.



*** *** ***



THE FOLLOWING ORDINANCE WAS ALSO SUBMITTED AND EXPLAINED BY CITY ATTORNEY

FAY AND INTRODUCED ON FIRST READING:



An Ordinance - Revising various sections of Chapter 11 of the Columbus

Code so that said sections are consistent with the newly consolidated

Department of Fire and Emergency Medical Services; and for other purposes.



City Attorney Fay said this is a housekeeping ordinance for the Fire

Department. He said it has an amendment to coordinate the new name for the

department and new fire prevention code.



*** *** ***



EXECUTIVE SESSION:



City Attorney Fay said he would like to request a brief executive session

at the end of the Council meeting, to discuss matters of litigation.

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

PUBLIC AGENDA:



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

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

CITY MANAGER?S AGENDA:



THE FOLLOWING TWO RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY

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

MOTION MADE BY MAYOR PRO TEM RODGERS AND SECONDED BY COUNCILOR WOODSON, WHICH

CARRIED UNANIMOUSLY BY THOSE TEN MEMBERS OF COUNCIL PRESENT FOR THIS MEETING:





A Resolution (433-03) - Authorizing the City Manager to acquire property

located on Chesterfield Avenue through condemnation, to clear titles and

declare said property surplus, advertise and transfer said property to the

Columbus Housing Initiative, Inc.



A Resolution (434-03) - Authorizing the acceptance of a deed to Harco

Drive and the Detention Pond, located in Bellhaven Subdivision on behalf of

Columbus, Georgia.



*** *** ***



UPCOMING EVENTS:



City Manager Cavezza highlighted some upcoming events, which are outlined

below.





Thurs



Thurs



SOUTH COLUMBUS REVITALIZATION TASK FORCE:



Mayor Poydasheff thanked City Manager Cavezza for the work that he is

doing with the South Columbus Revitalization Task Force and also pointed out

that there will be a Retreat for the Committee Members on September 18 & 19,

2003.



*** *** ***



PRESS CONFERENCE:



Mayor Poydasheff said he and Fire Chief Roy Waters would be holding a

Press Conference on this afternoon at 4:00 p.m., at Fire Station Number One

concerning the acquisition of a mass casualty trailer, which is consistent with

our Columbus Homeland Security & Emergency Management Task Force.

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

CLERK OF COUNCIL?S AGENDA:



THE FOLLOWING ITEM WAS SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR AND COUNCIL:



(1) Memo from Clerk of Council Washington, Re: Development Authority,

Downtown Development Authority and Industrial & Port Commission.



Mayor Pro Tem Rodgers said he hopes that this answers the question and

said this is what we refer to as enabling legislation; as it permits people to

serve on the same board, but it is not mandatory that the three boards be the

same.



He said in light of that, he would like to place in nomination the names

of Mr. Billy Blanchard to succeed Mr. Frank Etheridge and Ms. Leah Braxton to

succeed Ms. Debbie Lane on the Downtown Development Authority and Mr. Bob

Gilson to succeed Ms. Debbie Lane on the Industrial Port & Development

Commission.



Clerk of Council Washington said she would bring these nominations back on

next week for the Council?s confirmation.



*** *** ***



THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CLERK OF COUNCIL

WASHINGTON AND ADOPTED BY THE COUNCIL:



A Resolution (435-03) - Approving the report of the Director of Finance

concerning certain alcoholic beverage licenses approved/denied during the month

of August 2003. Councilor Henderson moved its adoption. Seconded by Mayor Pro

Tem Rodgers and carried unanimously by those ten members of Council present for

this meeting.



*** *** ***



THE FOLLOWING THREE TEMPORARY STREET CLOSING APPLICATIONS WERE SUBMITTED

BY CLERK OF COUNCIL WASHINGTON AND APPROVED BY THE COUNCIL PURSUANT TO THE

ADOPTION OF A SINGLE MOTION MADE BY COUNCILOR TURNER PUGH AND SECONDED BY

COUNCILOR HENDERSON AND CARRIED UNANIMOUSLY BY THOSE TEN MEMBERS OF COUNCIL

PRESENT FOR THIS MEETING:



Application of Pat Carpenter to temporarily close Broadway from 10th

Street to 11th Street, on September 13, 2003 from 6:30 p.m. to 11:00 p.m., in

connection with the fundraiser for Our House.



Application of Uptown Columbus, Inc. to temporarily close 6th Avenue

between 12th Street & 14th Street (both sides), on Thursday, October 2, 2003

from 5:00 p.m. to 10:00 p.m., in connection with the Legislative Express.



Application of Milton Hodges to temporarily close Norris Circle from

Carden Drive to Avon Drive, on Sunday, September 14, 2003 from 5:30 p.m. to

9:00 p.m.,in connection with the Founder?s Day Celebration.



*** *** ** ***



THE FOLLOWING TEMPORARY STREET CLOSING APPLICATION, NOT LISTED ON THE

AGENDA WAS ALSO SUBMITTED BY CLERK OF COUNCIL WASHINGTON AND APPROVED BY THE

COUNCIL:



Application of Maria Griffis to temporarily close the parallel parking

spaces next to the median in the 1000 block of Broadway every Thursday,

beginning September 18 ? November 20, 2003 from 4:00 ? 9:30 p.m.



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

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



*** *** ***



MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND OFFICIALLY RECEIVED BY THE COUNCIL:

Development Authority, July 10, 2003.

Family and Children Services, August 27, 2003.

Tax Assessors, No. 34.

Taxicab Commission, April 2, 2003

Taxicab Commission, May 7, 2003.



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

Seconded by Councilor Woodson and carried unanimously by those ten members of

Council present for this meeting.



*** *** ***



BOARD APPOINTMENTS:



COOPERATIVE EXTENSION ADVISORY BOARD:



Clerk of Council Washington pointed out that Reverend Joseph Roberson was

nominated to succeed Ms. Ollie Johnson on the Cooperative Extension Advisory

Board and that he may now be confirmed. Councilor Hunter so moved. Seconded by

Councilor Suber and carried unanimously by those ten members of Council present

for this meeting.



*** *** ***



HOUSING AUTHORITY:



Mayor Poydasheff said he has received Ms. Cathy Vaughn?s letter of

resignation, resigning from the Housing Authority and said he would like to

nominate Mr. Wade (Trip) Tomlinson for this position. Mayor Pro Tem Rodgers

then moved Mr. Tomlinson be confirmed. Seconded by Councilor Suber and carried

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



*** *** ***





EXECUTIVE SESSION:



Regarding City Attorney Fay?s earlier request to go into an executive

session to discuss matters of litigation, Mayor Pro Tem Rodgers then made a

motion to allow the Council to go into an executive session. Seconded by

Councilor Allen and carried unanimously by those ten members of Council present

for this meeting.



*** *** ***



At 11:25 a.m., the Council adjourned its regular session to allow the

Council to go into an executive session to discuss matters of litigation.



At 11:38 a.m., the meeting was then reconvened, at which time Mayor

Poydasheff pointed out that the Council met in an executive session and

discussed matters of litigation, but there were no votes taken.



*** *** ***



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

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

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

meeting, with the time being 11:39 A.M.



*** *** ***





Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia