Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

JULY 29, 2003



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

order at 9:00 A.M., Tuesday, July 29, 2003, on the Plaza Level of the

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

presiding.



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

Councilors R. Gary Allen, Glenn Davis, Julius H. Hunter, Jr., Berry H.

Henderson, Charles E. McDaniel, Evelyn Turner Pugh, Nathan Suber and Evelyn

Woodson. City Manager Carmen Cavezza, City Attorney Clifton Fay, Clerk of

Council Tiny B. Washington and Deputy Clerk Sandra Davis were also present.



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ABSENT: Councilor Wayne Anthony was absent, but was excused upon the adoption

of Resolution Number 380-03.



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INVOCATION: Offered by Pastor Ronnie Duckworth, Walker Temple Church of God.



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PLEDGE OF ALLEGIANCE: Led by New Life Church International Children?s

Ministries.

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MINUTES: Minutes of the July 22, 2003 Meeting of the Council of the

Consolidated Government of Columbus, Georgia was submitted and approved upon

the adoption of a motion made by Councilor Allen and seconded by Councilor

Suber which carried unanimously by those nine members of Council present for

this meeting.

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PROCLAMATIONS:



?INTERNATIONAL GALA:?



With Mr. Ellis Dandy and Ms. Mattie Hall standing at the Council table,

Councilor Hunter read Mayor Poydasheff?s proclamation, proclaiming July 29,

2003, as ?Columbus International Day? in Columbus, Georgia.



Mr. Dandy made several remarks regarding this upcoming event and also

encouraged the members of Council to attend this event.

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CITY ATTORNEY?S AGENDA:



WITH MR. MICHAEL CHARLES, PROGRAM MANAGER FOR COLUMBUS TECHNICAL COLLEGE

EMS PROGRAM, STANDING AT THE COUNCIL TABLE, THE FOLLOWING RESOLUTION WAS READ

IN ITS ENTIRETY BY COUNCILOR DAVIS AND ADOPTED BY THE

COUNCIL:





A Resolution (361-03) - Commending and congratulating Michael Charles,

Program Manager for Columbus Technical College EMS Program, for his

contributions to the achievement of the number one pass rate on first attempt

of the National EMT-Intermediate written examination for 2003 in the State of

Georgia. Councilor Davis moved its adoption. Seconded by Councilor Henderson

and carried unanimously by those eight members of Council present at the time,

with Councilor Woodson being absent for this vote.

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



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OPERATION HEART BEAT:



Mrs. Jo McDaniel - Chairperson of Operation Heart Beat said we have

trained personnel in Columbus, EMS, Fire Department and Police Department

personnel, who go to work everyday trained to perform the necessary work that

will save lives, protect our citizens and make a real difference. She said they

are real heroes every single day of their lives, as far as she is concerned.

She said most of us as we go about our daily lives never expect to become a

hero, but said on the morning of July 6th, as four of our Columbus citizens

were going about their business at their place of employment at the Howard

Johnson?s Hotel on Veterans Parkway, they were suddenly called upon to exercise

an opportunity to become heroes.



She said a 7-year old boy was in the deep end of the swimming pool when

Brian Rutledge noticed that there was a problem. She said Brian was then

followed by three fellow employees, as well as two guests at the hotel and

saved the life of that 7-year old boy. She said he could have easily drowned

without their haste and quick action.



Ms. McDaniel then called the following four individuals forward Ms. Connie

Driver, Ms. Lou Wilkerson, Mr. Brian Rutledge and Ms. Mindy McGuire, to present

a Heart Saver?s Medal to each of them for saving the life of that 7-year old

boy.



She said Operation Heartbeat has two major missions: (1) To provide

defibrillators and to encourage the placement of them in public places. (2) To

teach CPR. She said they have had three massive CPR training sessions over the

last few years and have trained over 1,000 of Columbus citizens.



Mrs. McDaniel said they are very proud of these people and then called

forward Ms. Laura Cardin, the Health Initiative Director of the American Heart

Association to give out the medals and certificate to the four individuals

named above.



Mayor Poydasheff thanked Mrs. McDaniel for the work she does in this

effort.



Councilor Henderson then called for a resolution of the Council, to

express its appreciation to these four individuals.



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PORT COLUMBUS CIVIL WAR NAVAL MUSEUM:



Mr. Bruce Smith, Director of the Port Columbus Civil War Naval Museum,

appeared and said he is here today to give a brief status report of where we

are with the Museum. He said this is what many consider to be a model

public/private partnership, as the Museum is operated by the City and partly

operated by a private non-profit organization.



He said the mission of the Port Columbus Civil War Museum is to tell the

story of the Civil War at sea, the naval part of the Civil War story. He said

the second portion is to talk about the civil war in Columbus and the third

part is to provide Columbus with a world class attraction, and that is what

they have endeavored to do and thinks that they have come very, very close.



Mr. Smith said in 1864, about 300 yards from where we sit, was the Naval

yard here in Columbus, and then in December 1864, they launched the CSS

Jackson, a very huge ironclad ship that was built here in Columbus.



He spoke for several minutes giving an account of the events of what

happened during this time and the birth of the Confederate Naval Museum and how

it came about.



Mr. Smith said in 1974, the City took over the operation of the

Confederate Naval Museum and then in 1995, the Museum changed its mission

statement and instead of just dealing with the Confederate Naval, it dealt with

the entire Naval story of the Civil War. He said at the same time the project

was adopted as one of those by the Columbus Challenge. He said 8 million

dollars later we have the Port Columbus Civil War Naval Museum here in

Columbus, Georgia. He said they have recreated several Civil War ships where

individuals can go inside and see how sailors lived, and said they have an

ironclad simulator.



He said they are marketing the Museum very aggressively and said the last

full year they were in business as the old Confederate Naval Museum, they had

14,000 visitors and said the first full year they were in business as the Port

Columbus Civil War Museum, they had 28,000 visitors, but those people were not

paying anything for admission. He said the second year they had almost 29,000

visitors.



Mr. Smith said in 1998, the last year they were in business as the Old

Confederate Naval Museum, they generated $14,000 and the first year they were

in business as the Port Columbus Civil War Museum, they generated $327,000 and

the following year, they generated $405,000 in revenues. He said they are

opened year round, with the exception of Christmas, from 9:00 - 5:00 p.m. and

said in terms of tourism, it is great. He said they have six full-time and

three part- time employees and have a full array of programs.



He said in their efforts to try to broaden their approach and appeal, as

well as the participation in the community and service to the community, they

have generated several partnerships recently in addition to the City.





After Mr. Smith spoke for some fifteen minutes in outlining the

partnerships developed, as well as outlined their upcoming goals, the members

of the Council expressed their views, and Mr. Smith then responded to several

questions of members of the Council.



Councilor Turner Pugh asked that City Manager Cavezza to get together with

Mr. Smith and schedule at least one of the Council?s Work Sessions there at the

Civil War Museum.



Councilor Davis told City Manager Cavezza that there are other cities that

have government access channels who at times run programs and various

entertainment in the City and then asked that we look at doing this also.



Councilor Turner Pugh also asked that Deputy City Manager Hugley get

together with Mr. Smith, so that he can have the Youth Advisory Council to go

down to the Museum.



Mayor Poydasheff said he wants the Council to know that he co-authorized a

letter with Mr. Smith that was sent to the Governor, asking that funds be

restored for theMuseum.

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ZONING PUBLIC HEARINGS:



THE FOLLOWING THREE ZONING ORDINANCES WERE SUBMITTED AND THEIR CAPTIONS

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

ADVERTISED:





An Ordinance - Rezoning approximately 32.18 acres of property located at

the northeast corner of Williams Road and Whitesville Road from an A-1 District

to a C-3 and an A-0 District. (15-CA-03-Dykes Development Co., Inc.)



PROPONENTS:



Mr. Will White, 2001 Country Club Road, representing the petitioner

appeared and said they have a total of 60 acres that they have broken up into

three separate parcels and then outlined those parcels on the map.



He said in January, they purchased 60 acres of property from Martin

Olshan, who had held this property for a lengthy period of time. He said there

are two separate L.L.C. that owned these pieces of property, but said there is

a common link of ownership between the two.



Mr. White said they are here today on two pieces of those parcels and then

went into more details in outlining his plans to rezone the 32.18 acres of

property being requested for the Dykes Development Company.



He said the access for these two parcels would empty out to Williams Road,

right next to the Welcome Center, next to the Interstate. He said after they

purchased the property in January they imitated a land plan that you are seeing

here today. He said when they went before the Planning Advisory Commission they

encountered some resistance from the neighbors that live down Whitesville Road.

He said they had two primary concerns, which includes the School District,

whereby Double Churches Road Elementary School being at capacity or

overcapacity, as well as the traffic in the area.



Mr. White said they found a third party to purchase their single-family

parcel and said that party is an elderly care nursing home, which will have no

impact on the School District. He said as far as the traffic, they initiated

discussions with the City of Columbus to address these issues and in an effort

to be cooperative with the City, the area and the neighborhood, they have

entered into a public/private partnership with the City and the Woodruff

Company to make traffic improvements primarily on Williams Road, but do some on

Whitesville Road as well. He said the three parties are all participating in

the cost of these improvements.



He said they feel that this will eliminate the traffic issues and the City

is here to discuss that in more details, if that is the desire of the Council.

He said he will not go into the results of the traffic study that the City has

done, but said he would like to point out that they want to be cooperative and

work with the City and said that is evident by the fact that they applied for

this rezoning petition back in February and at the request of the City, they

proposed coming before this Council for approximately four months. He said they

have spoken with several of the Council members and have listened to concerns

and have tried to resolve those concerns.



Mr. White, in response to Councilor Suber, said that is correct, they will

be making a substantial investment in the road construction that will be needed

to enhance the transportation network.



Councilor Davis said they had talked about the possibility of a continuing

buffer along the Georgia DOT land and said he doesn?t know if that is a

possibility. He said he remembers at one time that Mr. White was open to that

suggestion. He said he has not seen anything in the rezoning request that

states that. He then asked Mr. White if he would consider that.



Mr. White said he recalls the only buffer that they have discussed is along

Whitesville Road.



Councilor Davis said on I-185, where the Georgia DOT land is off the

highway, where the back of the apartments will be built. He said they had

talked about the possibility of considering adding an additional buffer besides

the buffer that is already there on the Georgia DOT side.



Mr. White said they really haven?t discussed that and said it would be

natural that whoever develops the apartment would want a buffer from I-185. Mr.

Hugh Sosbe said there would be the question that everyone would have, as to

what kind of a buffer and how wide. He said he couldn?t imagine anyone having a

buffer all the way up to the fence anyway.



Several minutes of discussion developed on this matter as to whether or

not there should be an additional buffer at this point.



Mr. White also responded to questions of Councilor Davis as it relates to

curb cuts, saying that they have had discussions with the City and have

discussed two curb cuts.



He said the third party that has purchased their property along

Whitesville Road has agreed to an unheard of 100-foot un-disturbed tree buffer,

except for a curb cut that would go into their property. He said they are

willing to make that a part of the ordinance, and said they hope that the

Council takes that as their willingness to try and create something that works

well with the neighborhood and at the same time, provides a return on their

investment.



Councilor Henderson said he knows that there is an access road that will

access those apartments and it will probably be the same curb cut that will

allow access to the commercial development, to which Mr. White said that is

correct.



He then asked if there was any possibility in tying that same curb cut and

maybe that access road in getting the petitioner for the A-O property, if it

comes forward within the next week, to try to minimize the curb cuts off of

Whitesville Road. He said the reason he is asking this is because several of

the Council members were of the opinion that a natural dividing line for the

residential, going north on Whitesville Road is Williams Road. He said

everything going north of that it makes good sense to keep it residential and

said we do have a rezoning coming up, which you have alluded to. He said if at

all possible, he would rather see the access for that particular development

come off the same access road, to minimize the points of ingress and egress on

that corner and access it coming off the road to get to your commercial

development.



Councilor Henderson said if there is any way to cooperate with the other

parcels and come off that access road and cut around where you plan your

development for the commercial and access the property that will be requesting

an A-0.



Mr. White said they have discussed a common access point with this user on

Williams Road. He said it is his understanding that their primary access point

will be Williams Road, because there is a certain timeframe that they will need

to get to the hospital. He said upon exiting Williams Road you can get to the

hospital faster than if you come out Whitesville Road. He said as far as

addressing a curb cut along Whitesville Road, he don?t think he is in a

position to address that.



Councilor Henderson said not from their prospective and said that would be

something that the other petitioners would have to agree to separately. He said

he thinks you have answered that question, as you addressed the possibility of

cooperating to some extent, providing them access to that property, through to

yours. Mr. White said that is correct.



He said he would like to know if anyone has explored the possibility of

the State sharing the curb cut from the Welcome Center and bringing the access

road off of that.



Deputy City Manager Bishop said that is one of the things that they think

can make traffic work better out there on both this zoning case and the one

that will be forthcoming and said they have on the Agenda to discuss this with

Commissioner Sam Wellborn to talk about joint use of that entrance to the

Welcome Center and make that a road to get to this development on that side.



Councilor Henderson said he wants to make sure that we can do as much as

we can to impress upon the DOT the urgency to try to minimize the curb cuts. He

said he would urge Mr. Bishop and City Manager Cavezza to get together with Sam

Wellborn as quickly as possibly, before the other rezoning is brought forth.



Councilor Allen said he would like to clarify for the record that the

appropriate acceleration/deceleration lanes will be installed on Williams Road

access points. However, Mr. White said they would adhere to Traffic Engineering

and whatever the Engineering Department requires them to do.

Deputy City Manager Bishop said as of today, what they will do is to

signalize that intersection at Williams and Whitesville Road and will put turn

lanes on Williams and Whitesville Road.



Councilor Allen said he was referring to the two entrances that Mr. White

pointed out. Mr. White said historically they have had to put in

acceleration/deceleration lanes and said whatever they are required to put in

by the City, is what they will put in.



Deputy City Manager Bishop also responded to further questions of the

Council as it relates to curb cuts, saying that they have not definitely tied

down those curb cuts, but they are limited to two. He said as they go through

the Engineering process, they will work with the developers on each side of

Williams Road so they can coordinate the curb cuts. He said if they can

coordinate with DOT at the entrance of the Welcome Center, that would possibly

be a signalized intersection and they think it has the potential to work

better, but doesn?t have all the details worked out yet.



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

White responding to further questions of the Council, the opponents were then

heard.



OPPONENTS:



Ms. Wanda Chappell, 8940 Heiferhorn Courtthen appeared and expressed her

opposition. She said they have been told that where the Nursing Home is

proposing to go, they have told them that their main entrance to the Nursing

Home will be on Whitesville Road. She said they plan on having their employees

parking lot, where the employees can get to on a cut on Williams Road, but said

we are looking at a cut on Whitesville Road on the corner that will be the main

source of traffic for this Nursing home and then asked if that was correct.



City Manager Cavezza said we are talking about one cut on Whitesville Road

at this point, but said we are not at that point of finalizing where that will

be.



Ms. Chappell said she just wants to make sure that the Council understands

that talking about sharing a cut on Williams Road with the apartments and

Welcome Center will not completely take care of the traffic for this Nursing

Home.



She then read a prepared statement expressing strong opposition to this

proposed rezoning, stating that there are apartments buildings in the area,

that are vacant as well as strip malls that doesn?t have tenants. She said

there is several lots in the area already zoned commercial and cannot sell and

said what good does it do to have more.



Ms. Chappell said that her main concern about this area is that she feels

the infrastructure is not strong enough to handle the many development plans.

She said she is talking about the roads, schools, traffic, public safety and

public services. She said she is most concerned about the overcrowding of the

schools in the neighborhood.



She also pointed out that several weeks ago, she presented to the Clerk of

Council, a petition containing more than 300 signatures of the residents of

District 2 and they are against the rezoning of this land.



City Attorney Fay pointed out that the petition has been made a part of

the Council?s record by Clerk of Council Washington.



Ms. Edith West, 8855 Heiferhorn Court also appeared and said there is a

part of her that is strongly opposed to the rezoning and development. She said

she realizes that when development takes place, we usually lose green space.

She said that green space is so vital to a healthy life style and a good

feeling of well-being. She said it provides a control for air pollution and

noise pollution, as well as lower the temperature of this hot weather. She said

it also adds to the serenity and well-being of people. She said when

development takes place, it needs to be thought out very carefully that we

preserve as much of this quality of life as we can that is given to us by green

space.



She said she realizes that change takes place when people are involved and

it presents a tremendous challenge to the Council to come up with and maintain

a balance between people and environment.



Mrs. West said one of the concerns that she has, is do we really need this

development at this time, because as we look around there are empty buildings

and barren land that has just been sitting there year after year.



She said they are also very concerned about the traffic, because they want

their area to be a safe area for the citizens of Columbus. She said they are

already experiencing problems and unless things are put into place before all

of this development occurs, it will only get worst.



City Manager Cavezza, several members of the Council and Mr. White then

responded to those concerns of the opposition.



After more then thirty-five minutes of discussion on this subject with

several members of the Council expressing their further views, Mr. White then

responded to further questions of members of the Council and some additional

referrals made by the Council, which is outlined below.



Councilor Henderson then asked Mr. White if he would be willing to take a

look at some kind of minimum buffer along the northern part of the apartment

development. He said our buffer ordinance typically calls for something between

20-30 feet and said in his opinion, it is important that if you have a drastic

change in land use, even though it is residential, it is classified the same.



He said in the buffer ordinance, there are some different variations of

the buffering where it allows the developer some subjectivity in how they could

economically and topographically keep that buffer there. He said we have time

between now and next week to look at that and come up with one of the

categories that would satisfy it, whether it be the terrain requirements or he

financial matter.



Councilor Turner Pugh said that Councilor Henderson is not the only one

who assumed that there would have been a buffer requirement in there, since it

is being used for residential on the northern end. She said in looking at it,

you would assume that a natural undistributed buffer would be required of the

petitioner.



Councilor Suber said from this point on we need to look at rethinking the

buffer ordinance, separating A-1 from A-O and let?s address that.



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

Attorney Fay then declared this public hearing has now been held.





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An Ordinance - Rezoning approximately 6.56 acres of property located at

the southeast corner of Williams Road and Whitesville Road from an A-1 District

to a C-3 District. (16-CA-03-Woodruff)



PROPONENTS:



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

appeared and said that they have spoken with most of the Council members and

they are aware of what?s going on out here and said she will be glad to answer

any questions of the Council members. She said they have entered into a

public/private partnership and said Deputy City Manager Richard Bishop is

present to speak to that issue, if there are any questions in that regard.



Using a map of the area, Ms. Jones said they currently own the property

that is highlighted in orange, which is already rezoned commercial. She said

they have two pieces of adjoining property under contract to be rezoned. She

said they are planning on putting out there, much less in terms of square

footage, than what the rezoning would allow.



OPPONENTS:



Ms. Wanda Chappell also appeared and expressed those same objections that

she pointed out in the earlier rezoning. She said they met with the Woodruff

Company and said she doesn?t have any problems with the way they landscape and

said that some of these lots were cleared years ago and have just sat there,

just barren land for years.



Mayor Pro Tem Rodgers said he thought he understood Ms. Jones to say that

the availability of those other two tracts of land would enable them to build

something other than the mini-storage.



Ms. Jones said that is correct. She said if they do get to rezone the

other two parcels, they can do something other than mini-storage, which is what

they can do on the t-shape piece. She said if they can rezone the entire larger

parcel and make it more square, they can come in and do something much more

attractive.



Councilor Davis said knowing these developers, if they give us their word

that we can trust them in whatever they tell us. He said he feels like these

developers would do something really nice in the area that would blend with the

existing neighborhoods and what has been done.



He said he knows that there is a cemetery in the area and then asked, if

there are any requirements as far as cemeteries and how does this play into

this rezoning.



Mayor Poydasheff said they can?t be encroached upon, as they have to be

protected.



City Attorney Fay said it would have to be protected or moved consistent

with Health Department regulations. City Manager Cavezza said there are no

buffer requirements or anything.



Ms. Jones said on Whitesville Road at the W.C. Bradley Company?s tract,

they have a cemetery there, right out in front of Talbot?s and said they are

planning on doing something very similar. She said it will be protected and

undisturbed.

.

Councilor Davis said there are some great significant landmarks in our

area that have been there for quite a while and said it would be nice that

maybe we could look at doing some kind of formal setting around these

cemeteries all over town when it comes to development.



Ms. Edith West said all of the comments that she had to make applies to

all of the rezoning that is being proposed from Williams Road on south to

Double Churches Road.



City Attorney Fay pointed out that this ordinance will be voted on at next

week?s Council meeting.

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An Ordinance - Rezoning approximately 0.82 acres of property located at

2744 Warm Springs Road from an R-1A District to an A-0 District.

(17-CA-03-Cols. Cardiology Assoc., P.C.)



PROPONENTS & OPPONENTS:



Mr. John Cartledge and Ms. Bell was present, but they did not make any

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

ordinance.

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CITY ATTORNEY?S AGENDA CONTINUED:



THE FOLLOWING ORDINANCE WAS SUBMITTED AND ITS CAPTION READ BY CITY

ATTORNEY FAY AND INTRODUCED ON FIRST

READING:



An Ordinance - Amending Columbus Code Section 13-115 by providing that a

certified mail notice shall be sent to nonresident property owners who violate

the provisions of Columbus Code Section 13-113 (unauthorized accumulation of

weeds) and that if the owner fails to comply within a period of ten days from

the date of mailing of such notice, the Director of Public Services shall

proceed to clean the property and that the costs of such cleaning shall

constitute a lien against the property.



City Attorney Fay said this would shorten the time period that they can

deal with this with one certified mail notice.



Councilor Turner Pugh said that she is hopeful that after the passage of

this ordinance, it would help to alleviate some of the telephone calls that

they continuously receive from individuals whose neighbors decide not to keep

their grass cut, whether or not it is on property that they live in or property

owned by someone who lives out of town.



Mayor Poydasheff said he received a telephone call from Mr. Paul Olson,

who pointed out that some of the properties owned by the School District have

not been keeping up with our basis proposals and then asked City Manager

Cavezza to contact Mr. Miles Caggins regarding this matter.



Councilor Allen said he thinks the ordinance is appropriate, however, he

thinks that the height is too high. He said he thinks that 18 inches is too

high and said that maybe we need to consider 12 inches.



City Manager Cavezza said the only thing that we need to be concerned

about is that the City must meet these same standards and said that we are

having a hard time meeting the 18 inches.



Councilor Allen said this ordinance is talking about property that is just

not maintained and said we do maintain our property; however, we may not get to

it as quickly as some people would like for us to. He said he thinks that 12

inches would be much better.



Several minutes of discussion continued on this subject, with members of

the Council expressing their views on the ordinance and City Manager Cavezza

responding to those concerns, saying that he is not sure that we can keep it

down to 12 inches because the problem is resources.



City Manager Cavezza also pointed out in cases where we feel like there is

abuse, we have the prerogative to cite them into Environmental Court.



After continued discussions, City Attorney Fay pointed out that this

ordinance addresses problems that you have with non-resident owners. He said

any resident owner can be cited today and brought to Recorder?s Court on

tomorrow if there are any violations.



Councilor Allen said there are two points outlined in the packet, saying

one states that it is not applicable to parcels of land that is 100 ft. away

from a building and then asked, if this is the ordinance in consideration.



City Manager Cavezza said the ordinance under consideration basically

states that we notify the property owner one time and they have ten days to

respond. He said if they don?t respond, then we will maintain their lawn for

the rest of the year and would continue to keep putting liens against their

property. He said at the end of the year, we would send them another notice

that we would continue that process.



Councilor Allen said in the existing ordinance, it states that this

provision is not applicable to a piece of property that is more than 100 feet

away from a building. He said in an A-1 area, most properties would be excluded

from this ordinance; so, therefore, he thinks that we need to remove that

particular sentence.



City Attorney Fay said the sentence that Councilor Allen recited about the

18 inches being the limit is in the current ordinance and said if you let it

get beyond that, it is a violation. He said the last sentence after that does

say, that the provisions hereof shall not be applicable for that part of any

lot of land located more than 100 feet from any building. He said that is

currently there and said if you want to address that, you can.



Councilor Allen said maybe we could look at the wording for that

particular sentence where it would be applicable to an A-1 development that is

residentially developed. He said you could have an agriculture piece of

property with a natural buffer type setting that could be considered over 18

inches and in violation of the ordinance, but said that is not what the intent

of the ordinance is.



City Attorney Fay said he would get together with the City Manager and

look at some wording that would be appropriate. He said they could put an

exception in there.



Councilor Turner Pugh said there was a program on television that talked

about having their youths, during the summer, cut the grass. She said the City

pays for the salaries of the youths and they are allowed to go out and cut

grass. She said she would like for us to look at the possibility of doing that

and see what are the legal requirements of doing that.



She said there are other communities that have special programs during the

summer with some of their youth workers. She said she thinks that would solve

some of our problems.



Councilor Hunter said he is in favor of the amendment to the ordinance

because it is another tool that we have now in conjunction with the

Environmental Court. He said this gives us more teeth to this problem.



Councilor Woodson said how many citations must we give them before it goes

to the Environment Court. City Manager Cavezza said in a lot of cases we try to

work with individuals to resolve the problem, but said after the second

citation we can take them into the Environmental Court.



After more than fifteen minutes of discussion, City Attorney Fay and City

Manager Cavezza then responded to further questions of the Council.





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THE FOLLOWING TWO RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY

ATTORNEY FAY AND ADOPTED BY THE COUNCIL PURSUANT TO THE ADOPTION OF A SINGLE

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

CARRIED UNANIMOUSLY BY THOSE NINE MEMBERS OF COUNCIL PRESENT FOR THIS

MEETING:





A Resolution (362-03) - Approving the acceptance by the Board of Water

Commissioners of State Revolving Loan funds in the amount of $25,000,000 for

use in the Capital Improvement Program of the Columbus Water Works.



A Resolution (363-03) - Approving the acceptance by the Board of Water

Commissioners of State Revolving Loan funds in the amount of $7,000,000 for use

in the Capital Improvement Program of the Columbus Water Works.

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

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

PUBLIC AGENDA:



MR. EDWARD MOORE, RE: NEIGHBORHOOD CONCERN OF HOUSING UNIT IN NEED OF

REPAIR:





Mr. Moore cancelled his scheduled appearance before the Council on

yesterday morning.



*** *** ***



MRS. CAROL GERTJEGERDES, REPRESENTING THE COLUMBUS TIMES NEWSPAPER, RE: TO

EXTEND AN INVIATION TO THE MAYOR & COUNCIL:



Mrs. Carol Gertjegerdes of the Columbus Times Newspaper appeared and

invited Mayor Poydasheff and members of the Council to attend the Second Annual

Howard Pitts Golf Tournament on Saturday, September 20, 2003 at 8:00 a.m., at

the Oxbow Creek Golf Course, located at 3491 South Lumpkin Road.



*** *** ***



MR. DENNIS ROADEN, REPRESENTING RESIDENTS OF ELVAN AVENUE, RE: PUBLIC

SAFETY:





Mr. Dennis Roaden appeared and said he wanted to thank the Mayor for

attending their rally on last night. He said the residents on Elvan Avenue have

started something within the last few months, fighting the crime, filth and run

down conditions and said that they are improving with the Council?s help and

said they do appreciate that.



He said he has given Councilor Woodson some pictures and said that the

residents on Elvan Avenue are dealing with large open drainage ditches in front

of their houses. He said they have no sidewalks and have to walk in the

streets. He said these ditches have been there since the neighborhood has been

there. He said he has been on that street since 1976 and failed to address it,

so it is his fault.



Mr. Roaden said there is a lady walking across a wooden plank to get her

mail. He said this lady is 92 years old and has been in that house since 1947.

He said most of the residents on that street are elderly and said they have

lost a couple of them within the last month.



He said they are getting involved in their community and are getting

things cleaned up and said they have addressed the sidewalks issue, but there

have been some comments made that have upset some people. He said they have

been told that the City doesn?t have the money to correct these things.



Mr. Roaden said they want to thank the Council and everyone who is

participating with them to help them get their neighborhood back to where it

should be.



Councilor Woodson said she just wants the Council to know that this

community finally has gotten together and gotten angry enough to say they want

to make a difference. She said it wasn?t ignored, but said it is like

everything else, it has to be brought to your attention. She said they have a

list of the residents concerns, which they plan on addressing, whereby they

will come together with some of the Department Heads at the end of the month.



Mayor Poydasheff said when Mr. Roaden came to the Council about a month

ago, we responded with great speed. He said as you saw on yesterday, which was

not the first time, you had the Police, Sheriff and a representative of the

Marshal?s Department at the gathering. He said while he appreciates you coming

here, it is not as bleak as you say, because as pointed out by Councilor

Woodson, we have been working on it.





He said it is not that we have forgotten about it, but the fact is that things

just aren?t done immediately, as there are other forces that are interplaying

on the City, not the least of which may be money. He said he appreciates you

coming here and working with Councilor Woodson and the City Manager.



City Manager Cavezza pointed out that on August 26th, there will be a

public meeting for the South Columbus Revitalization Task Force and he hopes

the people from the community will come, as this will be a good opportunity for

everybody in that area to express their concerns.

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

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

CITY MANAGER?S AGENDA:



THE FOLLOWING FOUR RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY

MANAGER CAVEZZA AND ADOPTED BY THE

COUNCIL:



A Resolution (364-03) - Authorizing the investment of the funds of the

Columbus Consolidated Government in the local government investment pool known

as ?Georgia Fund I?, operated by the State Office of Treasury and Fiscal

Services. Councilor McDaniel moved its adoption. Seconded by Councilor Suber

and carried unanimously by those eight members of Council present at the time,

with Mayor Pro Tem Rodgers being absent for this vote.



A Resolution (365-03) - Authorizing the City Manager to submit and if

approved, accept a grant to the Council of Juvenile Court Judges of Georgia

Muscogee County for $15,000 to fund the purchase of services for the Juvenile

Offenders Program and to amend the multi-governmental fund by a like amount.

Councilor Allen moved its adoption. Seconded by Councilor Turner Pugh and

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

Mayor Pro Tem Rodgers being absent for this vote.



A Resolution (366-03) - Authorizing the acceptance of a deed to American

Way located in Land Lot 269, 19th District, on behalf of Columbus, Georgia.

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

unanimously by those eight members of Council present at the time, with Mayor

Pro Tem Rodgers being absent for this vote.



A Resolution (367-03) - Authorizing the acceptance of a deed to Sandy

Parkway located in Fountain Ridge Business Park, on behalf of Columbus,

Georgia. Councilor McDaniel moved its adoption. Seconded by Councilor Allen and

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

Mayor Pro Tem Rodgers being absent for this vote.



*** *** ***



THE FOLLOWING TWELVE PURCHASING RESOLUTIONS, HAVING BEEN INCLUDED WITH THE

CITY MANAGER?S AGENDA, WERE ALSO SUBMITTED AND EXPLAINED BY CITY MANAGER

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

MADE BY COUNCILOR MCDANIEL AND SECONDED BY COUNCILOR ALLEN, WHICH CARRIED

UNANIMOUSLY BY THOSE EIGHT MEMBERS OF COUNCIL PRESENT AT THE TIME, WITH MAYOR

PRO TEM RODGERS BEING ABSENT FOR THIS

VOTE:





A Resolution (368-03) - Authorizing the purchase of one (1) cab and

chassis from Robert?s Truck Center (Garden City, GA) in the amount of

$44,900.00, and one (1) trash loader body from Heil Environmental (Austell, GA)

in the amount of $30,300.00.



A Resolution (369-03) - Authorizing the purchase of two (2) cab and

chassis from Beck Motor Company (Albany, GA) in the amount of $96,608.00, and

two (2) recycling bodies from Consolidated Disposal Systems (Smyrna, GA) in the

amount of $110,000.00.



A Resolution (370-03) - Approving payment to the Georgia Municipal

Association (GMA) in the amount of $30,995.49 for 2003 ? 2004 membership dues

for the City of Columbus, Georgia.



A Resolution (371-03) - Authorizing payment to IBM for computer hardware

maintenance agreements in the total amount of $59,828.64.



A Resolution (372-03) - Authorizing payment to Cole-Layer-Trumble Company

(Atlanta, GA) for maintenance service and support of the Oasis System, for the

period of July 1, 2003 through June 30, 2004, in the amount of $58,000. The

payments will be made in eleven monthly installments of $4,833.33 and a final

payment of $4,833.37.



A Resolution (373-03) - Authorizing payment to Motorola (Schaumburg, IL)

for a Mobile Data Terminal (MDT) Server and Hardware Infrastructure Maintenance

contract in the amount of $16,123.



A Resolution (374-03) - Authorizing the purchase of wheel loader

attachments, manufactured by Komatsu, from Stith Tractor & Equipment Company in

the amount of $22,370.00. The vendor will provide and install the attachments.



A Resolution (375-03) - Authorizing payment to CorCom Solutions, Inc.,

(Columbus, GA) in the amount of $70,000.00 for maintenance and support of the

Court Records System, with the maintenance period being from July 2003 through

July 2004.



A Resolution (376-03) - Authorizing the execution of a contract with

Holder Construction Company for the construction of a multi-level parking

garage, with the 300-space parking garage will be located in Uptown Columbus on

Front Street, across from the Convention and Trade Center, on approximately one

acre of City-owned land.



A Resolution (377-03) - Approving the Letter of Agreement between Prison

Health Services (PHS) and the Columbus Consolidated Government for physician

and physician?s assistant medical services, as well as, an on site psychiatric

treatment for inmates at the Muscogee County Jail and Muscogee County Prison,

in an amount not to exceed $42,775.00 per month, unless additional services

have been requested and delivered.



A Resolution (378-03) - Authorizing the purchase of uniform dress shoes &

boots on an ?as needed basis? from All American Uniforms for the estimated

contract value of $73,402.50.



A Resolution (379-03) - Authorizing payment to Georgia Department of Human

Resources for ambulance license renewal fee, in the amount of $19,300.00.



*** ***

***





TREES:



Councilor Davis said he has gotten a lot of telephone calls regarding the

discussion on last week as it relates to trees. He asked City Manager Cavezza

for clarification and wanted to know if the dollar amount was for the

cutting down of the trees and to remove them.



City Manager Cavezza said there was no firm recommendation to the Council,

but said we were bringing the problem and options to the Council. He said what

the dollar would be is to pick up any trees and branches in front of the house

and carry them to the dump, but not to cut down trees. He said they are looking

at a number of options based on the discussion we had and said we will be

coming back to the Council with all the options and make a recommendation to

the Council.

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

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

CLERK OF COUNCIL?S AGENDA:



THE FOLLOWING ITEMS WERE SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR AND

COUNCIL:



(1) ACCG?s, The County Line Newsletter, Volume 16, Number 3.



(2) Notice of ACCG?s Fall Policy Committee Day to be held Thursday,

September 4, 2003 at the Georgia National Fairgrounds and Agricenter in Perry,

Georgia.



(3) Letter from Tommy Hinton, President of GCHBA, recommending

Howard Bartlett for the position formerly held by Stella Shulman on the

Building Contractors Examining Board.



*** *** ***



BUILDING CONTRACTORS EXAMINING BOARD:



Councilor Suber made a motion that Mr. Howard Bartlett be confirmed to

fill the unexpired term of Ms. Stella Shulman on the Building Contractors

Examining Board. Seconded by Councilor Allen and carried unanimously by those

nine members of Council present for this meeting.



*** *** ***



THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CLERK OF COUNCIL

WASHINGTON AND ADOPTED BY THE

COUNCIL:



A Resolution (380-03) - Excusing Councilor Wayne Anthony from the

July 29, 2003 Council Meeting. Councilor Henderson moved its adoption.

Seconded by Councilor Allen and carried unanimously by those nine

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, June 5, 2003.

Housing Authority of Columbus, June 17, 2003.

Keep Columbus Beautiful Commission, June 11, 2003.

Employees Pension Board of Trustees, May 7, 2003.

Risk Mgmt. Accident Prevention/Risk Analyst Liaison, June 18, 2003.

Risk Mgmt. Accident Prevention/Risk Analyst Liaison, July 16, 2003.

Tax Assessors, Board of, Number 27.

Tax Assessors, Board of, Number 28.

Uptown Fa?ade Board, June 16, 2003.

Water Commissioners, Board of, June 9, 2003.



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

Councilor Henderson and carried unanimously by those nine members of Council

present for this meeting.



*** *** ***



THE FOLLOWING TWO NEW ZONING PETITIONS, RECOMMENDED FOR CONDITIONAL

APPROVAL BY BOTH THE PLANNING ADVISORY COMMISSION AND THE PLANNING DIVISION

WERE SUBMITTED AND EXPLAINED BY CLERK OF COUNCIL WASHINGTON AND AN ORDINANCE

AND PUBLIC HEARING WAS CALLED FOR BY COUNCILOR

MCDANIEL:





Petition submitted by Charles Land to rezone approximately 59 acres of

property located north and east of the northeast corner of Whitesville Road and

Double Churches Road from a R-1 District to an R-1A, R-3A and A-O

Districts.(21-CA-03-Charles Land)



Petition submitted by Don Bowles, Inc.,/Bill Hart, Inc., to rezone

approximately 14.38 acres of property located at 1150, 1156 and 166 Double

Churches Road from an R-1 District to an R-2 District. (22-CA-Don Bowles,

Inc./Bill Hart, Inc.)



*** *** ***



THE FOLLOWING NEW ZONING PETITION, RECOMMENDED FOR DENIAL BY BOTH THE

PLANNING ADVISORY COMMISSION AND THE PLANNING DIVISION WAS ALSO SUBMITTED AND

EXPLAINED BY CLERK OF COUNCIL WASHINGTON AND RECEIVED BY THE

COUNCIL:





Petition submitted by Phillip Stribling to rezone approximately 0.84 acres

of property located at 238 and 240 Robert E. Lee Drive from an R-2 District to

a C-3 District. (23-D-03-Phillip Stribling)



*** *** ***



BOARD APPOINTMENTS:



CONVENTION & TRADE CENTER AUTHORITY:



Clerk of Council Washington pointed out that Ms. Lori Canterbury has

resigned from the board and that Council needs to nominate someone for this

seat. There were no nominations.





TAXICAB COMMISSION:



Clerk of Council Washington pointed out that we still have one additional

at-large seat on the Taxicab Commission that needs to be filled. She said we

need someone to fill the unexpired term of Mr. Gerald Ludwig, who has resigned

from the board. There were no nominations.



*** *** ***



YOUTH ADVISORY COUNCIL:



Councilor McDaniel nominated Tony Calloway as his representative on the

Youth Advisory Council. Councilor Suber moved he be confirmed. Seconded by

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

present for this meeting.



Councilor Davis nominated Mr. Dustin Coleman as his representative for

Council District 2 and moved he be confirmed. Seconded by Councilor Suber and

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



*** *** ***





UPCOMING EVENTS:



City Manager Cavezza highlighted some upcoming events, which are outlined

below.



Sun



Thurs











Tues



Thurs





*** *** ***



Mayor Poydasheff then asked if there was anyone present in the

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

before the Council, they could be heard at this time. No one came forward to be

heard.



*** *** ***



COLUMBUS BLAZERS:



Councilor Hunter said the 13-year old Columbus Blazers Basketball Team won

their championship and said he would like for the City Attorney to draft a

resolution, congratulating them on their win.



*** *** ***



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

Allen then made a motion for adjournment. Seconded by Councilor Woodson and

carried unanimously by those nine members of Council present for this meeting,

with the time being 11:10 A.M.





*** *** ***









Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia