Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR MEETING



NOVEMBER 9, 2004





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

to order at 9:04 A.M., Tuesday, November 9, 2004, in the Council Chambers,

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

and Honorable John J. Rodgers, Mayor Pro Tem presiding.



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PRESENT: Present other than Mayor Poydasheff and Mayor Pro Tem John J. Rodgers

were Councilors R. Gary Allen, Wayne Anthony, Glenn Davis, Julius H. Hunter,

Jr., Charles E. McDaniel, Jr., Evelyn Turner Pugh and Nathan Suber. City

Manager Carmen Cavezza, City Attorney Clifton Fay, Clerk of Council Tiny B.

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

Woodson took her seat at 9:12 a.m.



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ABSENT: Councilor Berry Henderson was absent but was officially excused upon

the adoption of Resolution Number 480-04.



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INVOCATION: Offered by a representative for Pastor Samuel L. Shelton- Love, Joy

& Peace Ministries, Inc.



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PLEDGE OF ALLEGIANCE: Led by students from the Martin Luther King, Jr.

Elementary School.

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FIRE & EMS DEPARTMENT PROMOTIONS:



Mayor Poydasheff recognized the presence of Assistant Fire Chief David

Arrington, who came forward to honor the men and women for their promotions

within the Fire & EMS Department. He explained that these promotions were a

result of the retirement of fourteen officers.



At this time, the employees were each given an opportunity to state their

names and new rank. Mayor Poydasheff and members of Council then stood to

honor the employees.



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TROOPS IN FALLUJAH:



Mayor Poydasheff asked that everyone pray for our military troops that are

presently engaged in a hostile contention in Fallujah, Iraq and Afghanistan.



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RECOGNITION OF SENATOR SETH HARP:



Mayor Poydasheff briefly mentioned the presence of Senator Seth Harp, who

was seated in the audience.

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PROCLAMATIONS:



?HOSPICE MONTH?:



With Ms. Kathy Wilkenson, Wiregrass Hospice and Mr. Bill Lawson, Branch

Administrator, standing at the Council table, Councilor Anthony read the

proclamation of Mayor Poydasheff, proclaiming November 2004, as ?Hospice

Month?, in Columbus, Georgia.



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?RETIRED EDUCATORS DAY?:



With Mr. Bill Abrahamson and several other retired educators standing at

the Council table, Councilor Turner Pugh read the proclamation of Mayor

Poydasheff, proclaiming November 14, 2004, as ?Retired Educators Day?, in

Columbus, Georgia.



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NOTE: See below for the continuation of the proclamations.



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MISS COLUMBUS:



Ms. Linda Jones, board member of the Miss Columbus Scholarship Program,

came forward to introduce Miss Teen Columbus for 2005, Ms. Sarah Fanchellas and

Miss Columbus for 2005, Ms. Catherine Shaw.



Miss Columbus 2005 Catherine Shaw, spoke briefly about her platform for

the next year, which is a program she created called RAVE (Remembering

America?s Veterans Everyday). She thanked everyone in the City for their

continued support.

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PROCLAMATIONS:



?HANDS ON COLUMBUS?:



With Ms. Cynthia Ikenburger, Mr. Gilbert Miller and Mr. Leo Briardo

standing at the Council table, Mayor Pro Tem Rodgers read the proclamation of

Mayor Poydasheff, proclaiming high honor and recognition for ?Hands on

Columbus?, in Columbus, Georgia.



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CITY ATTORNEY?S AGENDA:



WITH MS. DEIDRE WILLIAMS AND MR. BENJAMIN S. RICHARDSON STANDING AT THE

COUNCIL TABLE, COUNCILOR DAVIS READ THE FOLLOWING RESOLUTIONS IN THEIR ENTIRETY

AS SUBMITTED BY CITY ATTORNEY FAY AND WERE ADOPTED BY THE

COUNCIL:





A Resolution (466-04) - Commending and congratulating Deidre Williams,

Manager of the Training and Development Team at TSYS, upon her recent profile

in Georgia Trend magazine as one of Georgia's 40 brightest leaders under the

age of 40. Councilor Davis moved its adoption. Seconded by Councilor Allen

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

meeting and standing to cast their vote in the affirmative.



A Resolution (467-04) - Commending and congratulating Benjamin S.

Richardson, Muscogee County Solicitor General, upon his recent profile in

Georgia Trend magazine as one of Georgia's 40 brightest leaders under the age

of 40. Councilor Davis moved its adoption. Seconded by Councilor McDaniel and

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

and standing to cast their vote in the affirmative.



A Resolution (468-04) - Commending and congratulating Karl Douglass, Vice

President of Licensing for AFLAC, upon his recent profile in Georgia Trend

magazine as one of Georgia's 40 brightest leaders under the age of 40.

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

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



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WITH DR. WALDROP AND MR. MARK BAKER STANDING AT THE COUNCIL TABLE,

COUNCILOR SUBER READ THE FOLLOWING RESOLUTION IN ITS ENTIRETY AS SUBMITTED BY

CITY ATTORNEY FAY AND WAS ADOPTED BY THE COUNCIL:



A Resolution (469-04) - Expressing support for the Hughston Clinic LP-ASC

project and for the Certificate of Need application of the Hughston Clinic.

Councilor Suber moved its adoption. Seconded by Councilor Davis and carried

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



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WITH MR. ROGER SINQUEFIELD AND DEPARTMENT OF TRANSPORTATION DIRECTOR LISA

GOODWIN STANDING AT THE COUNCIL TABLE, COUNCILOR HUNTER READ THE FOLLOWING

RESOLUTION IN ITS ENTIRETY AS SUBMITTED BY CITY ATTORNEY FAY AND WAS ADOPTED BY

THE COUNCIL:



A Resolution (470-04) - Commending and congratulating METRA bus operator

Roger Sinquefield for his expert driving skills in the 29th American Public

Transportation Association International Bus Roadeo competition. Councilor

Hunter moved its adoption. Seconded by Councilor McDaniel and carried

unanimously by those eight members present with Councilor Suber being absent

for this vote and the Council standing to cast their vote in the affirmative.



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MINUTES: Minutes of the October 26 and November 2, 2004 meetings of the

Council of the Consolidated Government of Columbus, Georgia were submitted and

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

seconded by Councilor Turner Pugh, which carried unanimously by those eight

members present with Councilor Suber being absent for this vote.

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ZONING PUBLIC HEARINGS:



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

CONTINUED FROM THE NOVEMBER 2, 2004 MEETING WAS SUBMITTED AND EXPLAINED BY CITY

ATTORNEY FAY AND A PUBLIC HEARING WAS HELD:



An Ordinance - Rezoning property located at 4347 Macon Road from an R-1A

District to an R-3 District. (57-D-04-Jones)



Councilor Davis asked that the ordinance pertaining to the pawnshop be

called up as the next order of business. Mayor Poydasheff explained that we

could call that ordinance up after the Council deals with this particular

rezoning matter.



Mayor Pro Tem Rodgers requested that the petitioner come forward. He said

that there were some questions regarding the acreage, but there is a full acre

of land out there. He explained that the conditions that are in the ordinance

are the buffers that he had described to Ms. Jones, which are: the privacy

fence and the 10 ft. vegetation buffer, as well as, a reversionary clause. He

briefly explained the reversionary clause by stating that if she ever ceases to

use the property as a daycare center; then, it would revert back to an R-1

zoning classification.



Councilor Turner Pugh asked questions regarding the legality of rezoning

petitions that are not submitted by the property owner, at which time, City

Attorney Fay explained that the owner and the agent have both signed on the

application.



Councilor Davis made reference to Macon Road being a four-lane highway in

front of the property. After Ms. Jones responded to the comments by mentioning

a 4 ft. fence could provide an extra safety measure for the front, Councilor

Allen raised similar concerns regarding the height of the fence. Ms. Jones

maintained that State Licensing Board required a 4 ft. fence; however, the 6

ft. fence would be safer for the children. Councilor Davis then made a motion

to add the condition for the fence to be 6 ft. high in the front. Seconded by

Councilor Allen.



With several comments being made by the members of Council, Councilor Davis

then withdrew his motion.



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AT THE REQUEST OF COUNCILOR DAVIS, THE FOLLOWING ORDINANCE DELAYED FROM

THE NOVEMBER 2, 2004 MEETING AMENDING CHAPTER 15 (PAWNBROKERS) OF THE COLUMBUS

CODE WAS SUBMITTED BY CITY ATTORNEY FAY AND THE FIRST READING WAS DELAYED UNTIL

THE FIRST TUESDAY IN JANUARY:



An Ordinance - Amending Chapter 15 of the Columbus Code (Pawnbrokers) so

as to provide new definitions; new regulatory fees; new licensing regulations;

new requirements for the filing of computerized daily reports; and for other

purposes.



Councilor McDaniel asked if this ordinance applied to car dealerships?

Lt. Lemuel Miller replied that this ordinance only applies to pawnbrokers.

After researching this matter, he maintained that the gem dealers and precious

metal dealers have different reporting requirements than a pawnshop. He added

that the car dealers have to maintain a registry of whom they conduct business

with; however, they do not have to report this information to us on a daily or

weekly basis, which is what the pawn dealers have to do.



Lt. Lemuel Miller from the Columbus Police Department, responded to

questions regarding the concerns of $150.00 annual fee. Lt. Miller described

how the amount includes the availability of maintenance support, which is not a

bad price for this support.



City Manager Cavezza said that he has received a call from a gentleman who

has stated that the minimum to hook up to this software is $4,000. he then

asked that the staff respond to the comment. Lt. Miller informed that it is

his understanding that if the individual businesses do not have an adequate

computer; then, they could purchase one because computers are not that

expensive. He maintained that the City would be purchasing the program and

installing the program. He added that the only cost to them would be the

$150.00 yearly fee. City Manager Cavezza also added that it is his

understanding that the cost covers the maintenance and any upgrades that happen

with this program.



Councilor Woodson conveyed to the staff the telephone calls that she has

received from those individuals who are concerned with the ordinance

amendment. She then asked for some clarification on the type of businesses

that would be affected by this ordinance change. She then asked that the staff

provide some information on CCG-TV to explain the process, as well as, some

additional information about the computer equipment and software that is going

to be needed by the pawnshops.



Councilor Suber expressed concerns in that he feels that the citizens have

not had an opportunity to meet with Lt. Slouchick and all of the people

involved. He said that since a lot of questions have not been answered and

there is no need to hurry in adopting the changes, we need to delay this whole

process until we work out all of the kinks. Councilor Suber then made a motion

to wait until June 1st to make the ordinance effective. Seconded by Councilor

Woodson.



Mayor Poydasheff explained that the purpose for the delay last week of the

basic implementation was not to delay the ordinance but to give the pawnbrokers

an opportunity to get their computers and have an understanding of the

process. Mayor Pro Tem Rodgers agreed with the motion, but asked that the

format of the motion be reconsidered. He said that the ordinance is already a

matter of record; therefore, we could just continue first reading of this

ordinance until the 1st of January, which gives everybody the opportunity to

meet and iron out some of the issues that have been raised. Mayor Pro Tem

Rodgers also suggested that the Police Department require that the reports from

the pawnshop owners be delivered to the Police Department.



Councilor Suber then amended his motion to read that the proposed amended

ordinance be continued on first reading until the first meeting in January.

Seconded by Councilor Woodson.



After continued discussion on this matter, the following referrals were

made by the members of Council:



Send out another letter to all of the pawnshop owners and conduct another

meeting and invite those Councilors that have been receiving telephone calls to

that meeting. (Request of Councilor Turner Pugh)



Let?s consider having the Police Department deliver the letter and in

that delivery make sure the individual that needs to get the letter receives

it. Also, when the police department delivers the letter, they could also

explain that this is the last time for picking up reports and that the

individual pawnshop owners would be required to deliver it to the Police

Department. (Request of Councilor Allen)



Let?s provide them with a copy of the ordinance, which shows that it

requires the pawnshop owners to deliver it to the Police Department. (Request

of Councilor Allen)



Also have something signed from the different pawnshops that show the date

and time that individuals received the letter. (Request of Councilor Turner

Pugh)



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Mayor Poydasheff then called attention to the motion to delay first

reading until the first meeting in January, which carried unanimously by those

eight members present with Councilor Allen being absent for this vote.



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Have the staff to meet with the Pawnshop Industry and the Police

Department regarding the software package and respond to any technical

questions that the pawnshop owners may have. (Request of Councilor Davis)



Create a pamphlet that shows the pawnbrokers the cost involved, what they

are getting for their money, and more information on the process, as well as,

the benefits for having the software implemented. It would be of assistance,

if this pamphlet were provided to the pawnshops at the same time that the

letter is delivered. (Request of Councilor Woodson)



Invite the individual that created the programs for the pawnshop dealers

to be a part of the meeting with our IT Department. (Request of Councilor

Turner Pugh)



Mr. D. L. Moore, Nationwide Investment, came forward and made comments on

some of the dialogue that took place at the meeting with the pawnbrokers. He

mentioned that he was not in attendance but had a representative there.

Providing some information on the process, Mr. Moore explained that the police

officer picking up the reports had a two-fold purpose, because there was a

direct person to work with if an item needed to be picked up because it was a

stolen item.



He then explained how his current system is not compatible with the system

that is being proposed by the Police Department. The cost for a program that

is compatible, as maintained by Mr. Moore, would cost him $5,000. He suggested

a meeting to discuss a viable alternative that would make sure that the Police

Department receives this information.



In his final comments, Mr. Moore maintained that a majority of the

pawnbrokers in Columbus, Georgia, do not want this system imposed upon them.



Mr. Moore was then asked to explain the software that he has in comparison

to the cost he has mentioned for compatibility with the software from the

Police Department. Councilor Woodson asked the Director of Information

Technology Charles Tate to respond to concerns of the cost for implementation,

at which time, Mr. Tate confirmed that the software would be provided to the

businesses. In an attempt to further clarify the matter, Councilor Woodson

said that the $6,000. would not be a cost to the pawnbrokers; unless, the

businesses wanted to implement another program other than the program provided

by the City.



City Attorney Fay declared that the public meeting on this matter has been

held, and this matter has been delayed until the first meeting in January.



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

SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY AND A PUBLIC HEARING WAS

HELD:





An Ordinance - Rezoning property located at 6900 Mobley Road from an R-1

District to an R-1A District. (58-A-04-Calhoun & Pearson)



Councilor Davis expressed some concerns with rezoning this property from

an R-1 District to an R-1A District. Mr. Pearson then provided some reasoning

as to why the rezoning request has been made.



At this time, the petitioner Mr. Scott Pearson responded to various

questions from Councilor Davis. With additional questions that needed to be

answered, Councilor Davis requested a one-week delay. Seconded by Councilor

Allen. Councilor Suber questioned the need to delay this matter, but would

support the delay if the petitioner has no problems with it. Mr. Pearson spoke

of his situation pertaining to the purchase and closing on this property, which

is contingent upon this rezoning request.



Councilor Davis briefly explained the purpose for requesting the one-week

delay. Councilor Turner Pugh suggested keeping this ordinance on course by

allowing the second reading on next week, and if there are changes that need to

be made, we could handle it on second reading on next week. City Attorney Fay

advised that if there is an amendment on second reading for next week, we could

put the ordinance back on first reading, if the change is significant.



Mr. Scott Pearson, went into further details to explain the project for

constructing two houses on the property.



OPPONENT:



Ms. Jean Hammond, 1307 Jason Court, which is on the corner of Mobley and

Jason Court. She expressed her concerns regarding the rezoning petition

because of the administrative questions she has pertaining to this matter.

Mayor Poydasheff then explained that R-1A lots are smaller than R-1 lots. City

Manager Cavezza added that Ms. Hammond currently resides on an R-1A lot and

this rezoning request would be compatible with the lot that she has.



Mayor Poydasheff called attention to the motion on the table. Councilor

Turner Pugh made a substitute motion to continue this ordinance on second

reading and if there is a significant change, it could be reverted back to

first reading. Seconded by Councilor Woodson. Councilor Davis then withdrew

his original motion. Mayor Poydasheff said that there is no need to vote on

the substitute motion, because without the delay, the ordinance goes to second

reading on next week.



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

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

ADVERTISED AND DELAYED ON FIRST READING FOR ONE WEEK:







An Ordinance - Rezoning property located at 8271 and 8201 Midland Road and

8111, 8091 and 8101 Old Pope Road from an A-1 District to an R-1A District.

(59-D-04-Erickson)



PROPONENT:



Mr. Chris Meacham, from Meacham, Earley & Flowers, representing Pennacle

Homes, came forward to advise that based upon the comments made previously, Mr.

Erickson and Mr. Larry French acknowledged their willingness to make

constructive changes to their proposed zoning request. He explained that all

of this was done to address the concerns and reach a consensus with the

neighborhood and community. He then recognized Mr. David Erickson, who would

be presenting a revised proposal, which is sound and responsive to the

community and neighborhood concerns.



Mr. David Erickson, the petitioner, briefly mentioned a public works

effort by announcing the groundbreaking for the St. Jude Dream Home. He said

that we look forward to another successful fundraiser for St. Jude Children?s

Hospital.



He then advised that he has provided a full-scale copy of the plat to the

members of Council. He briefly spoke of the previous plat that was crafted by

Mr. Larry French, and at the last meeting, a number of Councilors expressed an

interest in having A-2 size lots (20,000 sq. ft) touching key places on the

property. In response to the request from first reading, Mr. Erickson

explained, that we have made an adjustment to our plan by installing 20,000 sq.

ft. lots around all the key property owners that were in the area. When the

ordinance was listed for second reading, Mr. Erickson maintained, that the

Council felt this document had some merit for consideration and asked that it

be sent back to the Planning Advisory Commission for further consideration. He

continued to review the events that occurred since that time by mentioning the

meetings that were held with the neighbors in the community. He then outlined

some requests that the neighbors had made during that meeting. He admitted

that he did receive some worthwhile responses from them, which resulted in the

plan that he is presenting today.



At this time, he explained that one of the first things he heard from the

neighbors was that touching Liberty Hall, the community wanted lots similar to

Liberty Hall, which is 40,000 sq. ft., and we have incorporated that. He

stated that along Pope Road, we received the same request for 40,000 sq. ft.

lots, but he did not believe that he could do 40,000 sq. ft. lots around the

Odom Property; therefore, suggested combining some of these 20,000 sq. ft. lots

to have targeted 40,000 sq. ft. lots. He added that he received some

concurrence on that issue. He went on to say that there was still an interest

to maintaining that second entrance off of Midland Road and maintaining the

buffer around the frontage of Midland Road.



Mr. Erickson said from all of that, we have come round trip to the current

plan for presentation. He said that along Liberty Hall, we have targeted

40,000 sq. ft. lots touching 40,000 sq. ft. lots. He explained that along Old

Pope Road, we have 40,000 sq. ft. lots as well. He added that we have accessed

all of those lots from the interior of the subdivision; so, that we have taken

all traffic off of Old Pope Road. He said that originally we were not able to

do 40,000 sq. ft. lots around the Odom property but have adjusted our plan

slightly so that we are now able to do that. He then committed to 40,000 sq.

ft. lots around the perimeter of the Odom property. He said that we have

maintained the buffer along Midland Road and voluntarily maintained a buffer

along the north edge of the property as well. He briefly spoke about meetings

held with three people involving mostly the entrance area with that being;

Leslie Landy, Lynne Davis and Jim Odom. He said that it was from that small

meeting that some other specific requests evolved, which he has incorporated.

He explained that Ms. Landy asked that he do some additional measures to the

buffer to which he offered a two-sided fence called a ?shadow box fence? to be

installed on the inside of that buffer. He determined that Ms. Landy was

receptive to that. He said that she also asked that he has some oversized lots

at the entrance, at which time, he suggested 30,000 sq. ft. lots for each of

the corner lots. He said that we agreed in principle that this was a good

target. He pointed out that this combined with the 40,000 sq. ft. lots in this

area, effectively makes this entrance off of Midland Road, look the equivalent

of Liberty Hall, which is about one half mile down the road. In conclusion,

Mr. Erickson pointed out that in the original design, we had a ?T? shaped

intersection planned coming off of Old Pope Road from Midland Road, but Ms.

Davis asked that he attempt to avoid any impact of the trees that are on the

easement of Old Pope Road. He said that per her request, he has implemented a

curve entrance; so that, we would not impact anything down Old Pope Road. He

said that we could keep that second layer of buffer, in addition to, the 40,000

sq. ft. lots that we have.



Mr. Erickson reminded everyone that we have an industrial park to the

south side of his property now, which was not there previously. He said that

we are consistent with the Comprehensive Plan. He then suggested that if the

best way to implement this, if the Council chooses to support it, would be to

adopt this plat as a condition of the rezoning. Councilor Turner Pugh made a

motion that the plat known as Exhibit ?A? is made a part of the zoning

request. Seconded by Councilor Woodson.



In response to a question from Councilor Allen, Mr. Erickson replied that

he believes that there are approximately 137 lots, which does not include the

existing house that is in the lower left corner of the plat. Councilor Allen

suggested that Councilor Turner Pugh amend her motion to include on the plat

the numbered lots and the dimension of each lot. Mr. Erickson advised that he

could have that ready for next week.



Councilor McDaniel asked if Mr. Erickson has done everything that we have

asked him to do from the start, which was to apply one-acre lots around this

property. Mr. Erickson said he has complied, because there was a request for a

blanket one-acre everywhere, and the context of the discussion has changed a

little bit. He said what he has accomplished is 40,000 acre lots, not

everywhere, but in the places where it will have the most effect. Councilor

McDaniel mentioned that there has been a lot of compromise, because this plan

looks nothing like it did when we started.



Councilor Davis questioned the number of lots proposed and wanted to know

if this rezoning request was equivalent to a conservation subdivision, at which

time, City Manager Cavezza responded by saying that it does not meet the

necessary greenspace for a conservation subdivision.



After Mayor Poydasheff called attention to the motion on the table, City

Attorney Fay responded to questions from City Manager Cavezza regarding

variances. City Attorney Fay advised that Mr. Erickson is going to have to

have a minimum 25 ft. road frontage on these new public streets and public

cul-de-sac that are shown on the development. He pointed out that we could put

that in as a separate condition to the ordinance.



Councilor Allen expressed concerns with the motion at this time, he

suggested waiting to hear everything before the vote is taken. It was the

consensus to wait until some further discussion, at which time, Councilor Allen

asked that Mr. Erickson explain the buffer aspect of his plan. Mr. Erickson,

using his map that was on a large easel, explained the following:



? Northern Section - The property that backs up to Liberty Hall, there would be

40,000 sq ft. lots targeting those people who back up to the property off of

the north segment of this area; then, there is a 40 ft. buffer along the entire

northern limit of the property.



? Midland Road entrance - maintain a 40 ft. buffer along the full length of

that, only to be penetrated by the two driveway entrances. There would be

appropriate landscaping and signage there. In addition, along the Midland Road

frontage, there would be a fence along the inside boundary to insure that the

buffer is not damaged from the inside out. The entrance lots are each targeted

at 30,000 sq. ft. lots. Around the Odom property, there would be 40,000 sq.

ft. lots, and that goes all the way around the property.



Easement that is owned by the City or Development Authority - nothing

would be done with that easement; it would not be impacted in any way.



Curved entrance - Continuing down Old Pope Road, there would be a

curved entrance to preserve all of the trees growing in that area. There would

be 40,000 sq. ft. lots all along the boundary of Old Pope Road; except for the

corner, all of the lots are serviced from the cul-de-sac that are interior to

the subdivision. On the far end behind Mr. Rowe, we have 40,000 sq. ft. lots

as well.



He stated his reason for requesting the plat to be adopted, which is to

conveniently handle the 25 ft. minimum requirement off the cul-de-sac. He said

that we would not be able to meet the building line requirement at the setback

distance, but clearly we have that once we get into the body of the lot. He

said that it is his understanding, that if you have an eyebrow cul-de-sac or 90

degree cul-de-sac; then, the individual is also required to have a variance by

Council; therefore, he is suggesting that it would be easier to handle it all

at one time.



Mr. Erickson, changing the maps, then went into great details to explain

and outline the greenspace that would be preserved. Councilor Allen said that

he is looking for some type of commitment with respect to greenspace in

percentages, at which time, Mr. Erickson agreed to preserve greenspace in

principle, but maintained that he could not give statistical numbers.

Councilor Allen then specifically asked for the easement for the sewer, the

street design layout for infrastructure and the retention of trees. Mr.

Erickson addressed the comments that were made by providing the answer in short

version form.



There was continued discussion regarding the percentage of trees on the

property that would be preserved. Councilor Allen reiterated his request for a

commitment from Mr. Erickson regarding the retention of greenspace in this

area, to make sure that this property is not going to be clear cut. Mr.

Erickson said that he would commit to what he has submitted already, which is

to keep an aggressive amount of trees in there to the maximum that he could,

because it is good for the community.



OPPONENT:



Mr. Terry Gumbert, 11226 Rambling Trail, approached the rostrum to request

for the Council?s continued support against the inappropriate R-1A rezoning

request. He mentioned the petition that is on record with 340 signatures from

residents of the adjacent subdivisions opposing the rezoning of this land to

R-1A status. He reminded everyone that when the residents first came before

the Council in the spring of 2000, one of our requests was the concept for

transitional zoning. He maintained that going from A-1 lots to R-1A lots does

not meet that criteria. He recalled that Councilor Turner Pugh suggested an

A-2 zoning concept; unfortunately, the plan submitted today contains no

transitional A-2 zoning areas. He said that this plan shows progress but not

the complete solution. He mentioned that acreage of the subdivisions bordering

the proposed rezoning property with Country Walk being five acres, one acre in

Liberty Hall and the three-acre tracts in Grandtree Estate; therefore, the

rezoning request is totally inappropriate in the character of the existing

subdivisions.



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NOTE: Councilor Anthony left the meeting at approximately 11:35 a.m.

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Mr. Gumbert was then asked by Councilor McDaniel to explain the compromise

that the residents have made to reach a consensus with the petitioner regarding

this rezoning request, which Mr. Gumbert did list the compromises that have

been made and are as follows:



? The residents first requested all one acre lots, which would have been

approximately 55 lots

? The residents compromised down to one acre buffers around all of the existing

residents with the half acre interior, which would have been approximately up

to 84 lots



Councilor Allen briefly reported the events of the meeting that took place

at the Masonic Lodge on this past Sunday afternoon. He pointed out that during

that meeting with Mr. Erickson, he was asked what would he do if the Council

denies the zoning request. Councilor Allen pointed out that Mr. Erickson

offered a variety of scenarios for the development of this property in the

future, one of which was that he could develop the land as one acre lots if the

market demanded. Councilor Allen said the point that he would like to make at

this time is that if Mr. Erickson could do one-acre lots in the future, why can

he not do it now. He maintained that we are just asking for one acre and half

acre transition.



Councilor Allen then asked Mr. Ronald Hamlett to pass around the table a

plan that was drawn up by the neighbors. After Mayor Poydasheff determined

that it would be out of order to consider that plan from the neighbors,

Councilor Allen recalled that the Planning Advisory Commission and Planning

Division has recommended denial on this rezoning petition. He then quoted some

of the comments made by PAC members regarding this rezoning.



Councilor Allen said that he wanted to provide for the Councilors a plan

that would be acceptable; this plan allows for 100 lots. Councilor Turner Pugh

said that she had suggested several years ago about having one-acre lots touch

where there are homes already on one-acre lots and what happens after that is

up to the developer.



Ms. Sherry Odom, 8121 Old Pope Road, came forward to express her

opposition to this rezoning request. Councilor Suber asked if Mr. Erickson did

make provisions to have one acre lots on all three sides of Ms. Odom?s

property, at which time, Ms. Odom would not respond to the question.



The following individuals also came forward to express their opposition to

the rezoning ordinance: Senator Seth Harp- 8000 Midland Road, Mr. Ron Hamlett-

8080 Old Pope Road, Mr. Gary Miles- 6021 Christmas Drive and Mr. Jim Odom-

8121-1 Old Pope Road.



At this time, Mr. Erickson was called back to the rostrum to respond to

additional questions from the members of Council. Councilor Turner Pugh

suggested that Mr. Erickson reduce his lots down to 126 and provided a scenario

that would accomplish this. Mr. Erickson advised that he is willing to reduce

the number of lots but couldn?t commit to 126 lots. Mayor Pro Tem Rodgers

suggested that Mr. Erickson might want to reconsider his number of 138 lots.



Councilor Allen read in its entirety an affidavit from Audrey and David

Jenkins, the couple that lives at 8295 Midland Road. He then submitted the

document to Clerk of Council Washington to be filed for the record.



Councilor Allen then reiterated statements regarding variances and

expressed his concerns, at which time, City Attorney Fay said that we could

restrict building setbacks to some minimum footage requirement; otherwise, Mr.

Erickson would have the authority to go lot by lot to request variances.



Councilor Allen once again requested that Mr. Erickson provide over the

next week, that once he decides which plan he is going to bring and if he is

going to change the numbers of lots, if he could have a plan drawn as close to

scale as he can and bring it back with numbered lots. Councilor Suber said

that if we are going to request this of Mr. Erickson; then, the Council needs

to do a blanket statement to all developers that from now on, they would need

to come before this Council for variances, because this sounds somewhat

discriminatory to require Mr. Erickson to do this. After comments by City

Attorney Fay were not favorable, Councilor Suber added this is his point, he

does not believe that we want to do this.



Councilor Turner Pugh said that Mr. Erickson is going to work up a design

that would possibly make the lots that she has made reference to as A-2 lots.

She said that some Councilors would be in agreement with 130 lots.



Mayor Poydasheff then called attention to the motion on the floor to

include the plan presented by Mr. Erickson as part of the ordinance. Mayor Tem

Rodgers cautioned the adoption of this motion, because if this plat is approved

to be a part of the ordinance today, because some people have requested

specific measurements and we cannot get the measurements off of this plat and

the plat would have to be amended next week anyway. Councilor Turner Pugh then

withdrew her motion.



Councilor Turner Pugh made a motion to continue first reading on next

week. Seconded by Councilor Woodson and carried unanimously by those eight

members present with Councilor Anthony having already left the meeting.



*** *** ***



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

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

SECOND READING BY A SINGLE MOTION MADE BY MAYOR PRO TEM RODGERS AND SECONDED BY

COUNCILOR TURNER PUGH, WHICH CARRIED UNANIMOUSLY BY THOSE EIGHT MEMBERS PRESENT

FOR THIS VOTE WITH COUNCILOR ANTHONY HAVING ALREADY LEFT THE

MEETING:



An Ordinance (04-100) - Rezoning properties located at 1302, 1304, 1306

and 1308 16th Street; and the west end of 1538 13th Avenue from C-2 and R-3A

Districts to an A-O District. (56-CA-04-D. R. Properties, LLC) Under the same petition, rezoning properties located 1310, 1318 and 1320 16th

Street and 1541 14th Avenue from C-2 and an R-3A Districts to an A-O District.

(56-D-04-D. R. Properties, LLC)

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

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

PUBLIC AGENDA:



MR. KENNETH CLAY, RE: CONCERNS WITH ONGOING PROBLEMS IN COLUMBUS,

GEORGIA:





Mr. Kenneth Clay, 6017 Harvest Drive, came forward to speak regarding a

matter dealing with the Columbus Police Department. He complained about his

experiences with the Police Department. Mayor Poydasheff asked Mr. Clay to

come to his office if he wants to discuss a specific action regarding a police

officer, but if it is a court matter; then, this Council has no jurisdiction

over that.



*** *** ***



MS. SAMANTHA L. BRIM, REPRESENTING O?CONNELL?S COINS, RE: THE PROPOSED

AMENDMENTS FOR THE NEW PAWNSHOP ORDINANCE:



Ms. Samantha Brim was present to hear the discussion regarding the

proposed amendment to Chapter 15 of the Columbus Code (Pawnbrokers), but had

previously cancelled her appearance before Council.



*** *** ***



MR. PAUL OLSON, RE: THE STATE ETHICS COMPLAINTS, PRELIMINARY HEARING AND

CLOSED MEETING WITH THE FOP

PRESIDENT:



Mr. Paul Olson did not respond when given the opportunity to come before

the Council.



*** *** ***



MR. STEVE BROWN, REPRESENTING O?CONNELL?S COINS, RE: THE PROPOSED

AMENDMENTS FOR THE NEW PAWNSHOP

ORDINANCE:



Mr. Steve Brown was present to hear the discussion regarding the proposed

amendment to Chapter 15 of the Columbus Code (Pawnbrokers), but had previously

cancelled his appearance before Council.

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

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

CITY MANAGER?S AGENDA:



THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY MANAGER

CAVEZZA AND ADOPTED BY THE

COUNCIL:



A Resolution (471-04) - Authorizing a request for the purchase of Orchard

Grove Mobile Home Park, 304 South Lumpkin Road, from Orchard Grove Park, LLC to

be used for the development of Oxbow Meadows Park. Councilor McDaniel moved

approval. Seconded by Councilor Woodson and carried by those eight members

present with Councilor Anthony having already left the meeting.



City Manager Cavezza explained that this is in the Oxbow Meadows area,

which is part of the 1999 SPLOST.



*** *** ***



THE FOLLOWING TWO RESOLUTIONS WERE ALSO SUBMITTED AND EXPLAINED BY CITY

MANAGER CAVEZZA AND ADOPTED BY THE COUNCIL ON A SINGLE MOTION MADE BY COUNCILOR

WOODSON AND SECONDED BY COUNCILOR SUBER AND CARRIED UNANIMOUSLY BY THOSE EIGHT

MEMBERS PRESENT WITH COUNCILOR ANTHONY HAVING ALREADY LEFT THE

MEETING:



A Resolution (472-04) - Authorizing a request to submit an application and

accept a $357,876 grant from the U. S. Department of Housing and Urban

Development for the purchase of the Satilla/Wilson Camp Landfill, currently

owned by Satilla Communication, and for the restoration and redevelopment of

said landfill.



City Manager Cavezza said that there were some concerns regarding the

liability on the Satilla Landfill; therefore, we have been talking with the

EPD. He said that we were the principle users of that landfill; therefore, we

are vunerable to be held accountable for cleaning up that landfill. Mayor

Poydasheff said that the City Attorney and City Manager do plan to call them

again. City Manager Cavezza advised that we are waiting to hear from them, at

which time, Mayor Pro Tem Rodgers said that we are not going to execute this

sale until we find out for sure. City Manager Cavezza responded that

hopefully, we would find out today.



A Resolution (473-04) - Authorizing a request to pay employees for unused

sick leave in accordance with Section 16B-15-6(2) of the Columbus Ordinance.



*** *** ***



THE FOLLOWING SIX PURCHASING RESOLUTIONS HAVING BEEN INCLUDED WITH THE

CITY MANAGER?S AGENDA WERE SUBMITTED AND EXPLAINED BY CITY MANAGER CAVEZZA AND

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

COUNCILOR WOODSON AND SECONDED BY COUNCILOR SUBER, WHICH CARRIED UNANIMOUSLY BY

THOSE EIGHT MEMBERS OF COUNCIL PRESENT WITH COUNCILOR ANTHONY HAVING ALREADY

LEFT THE MEETING:







A Resolution (474-04) - Authorizing the purchase of two hundred, fifty

(250) gas masks and accessories from Safeco, Inc., in the amount of $67,090.00



A Resolution (475-04) - Authorizing the purchase of forty (40) Compaq

NX9030 business notebook computers and paraphernalia, and 3-year accidental

damage coverage from Hewlett Packard Government Sales (Atlanta, GA) in the

amount of $56,440.00



A Resolution (476-04) - Authorizing payment, for annual membership dues,

to Association County Commissioners of Georgia (ACCG) in the amount of

$11,561.38.



A Resolution (477-04) - Authorizing the purchase of twenty-five (25) HP

Compaq DC5000 small form factor desktop computers, twenty five (25) HP L1702

17? flat panel monitors and twenty-five (25) floppy drives from Hewlett Packard

Government Sales (Omaha, NE) in the amount of $22,607.50.



A Resolution (478-04) - Authorizing the procurement of IP Telephony and

Network Infrastructure implementation and deployment services from Logicalis

Integration Solutions (Alpharetta, GA) in the amount of $57,500.00.



A Resolution (479-04) - Authorizing payment to Alexander Contracting for

the removal of silt from Lake Oliver in the amount of $13,000.00.



*** *** ***



POLICE DEPARTMENT VACANCY:



City Manager Cavezza reported that there is a vacancy in the Police

Department, which is a lieutenant?s position. He advised that they are going

to promote into that off of the list.



*** *** ***



LEGISLATIVE AGENDA:



City Manager Cavezza advised that the legislative agenda is in the

Council?s packet and he would ask that the Council review the list. He said

that if anyone has any concerns; then, next week we would be meeting with the

delegation to discuss them.

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

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

CLERK OF COUNCIL?S AGENDA:





THE FOLLOWING ITEMS WERE SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR &

COUNCIL:





(1) GMA Registration form announcing the Mayors? Day Conference,

January 22-24, 2005 at the Omni Hotel in the CNN Center, in Atlanta,

Georgia.



(2) Memo from Clerk of Council Washington, Re: The Hospital

Authority.



(3) Memo from Clerk of Council Washington, Re: The Housing

Authority.



*** *** ***



THE FOLLOWING THREE RESOLUTIONS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND APPROVED BY THE COUNCIL ON A SINGLE MOTION MADE BY COUNCILOR

ALLEN AND SECONDED BY COUNCILOR WOODSON AND CARRIED BY THOSE EIGHT MEMBERS

PRESENT WITH COUNCILOR ANTHONY HAVING ALREADY LEFT THE

MEETING:





A Resolution (480-04) - Excusing Councilor Berry Henderson from the

November 9, 2004 Council Meeting.



A Resolution (481-04) - Receiving and approving the report from the

Finance Director of those alcoholic beverage licenses that were approved and/or

denied during the month of October 2004.



A Resolution (482-04) - Approving a Special Exception Use to operate

service operations such as meat storage, cutting and distribution at 910 and

914 Neil Drive.



*** *** ***



THE FOLLOWING TEMPORARY STREET CLOSURE APPLICATION WAS SUBMITTED BY CLERK

OF COUNCIL WASHINGTON AND WAS WITHDRAWN PRIOR TO THE MEETING AT THE REQUEST OF

THE

APPLICANT:





Application of Betty Watkins to temporarily close Washington Avenue from

9th Street to Thomas Street, on Saturday, November 20, 2004 from 10:00 a.m. to

7:00 p.m., in connection with the ?Church Fall Festival?.



*** *** ****



MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND OFFICIALLY RECEIVED BY THE

COUNCIL:



Airport Commission, September 30, 2004.

Convention & Visitor?s Bureau, October 15, 2004

Family & Children Services Board, October 27, 2004.

Tax Assessors, No 41-04.

Tax Assessors, No 42-04.



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

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

Council present with Councilor Anthony having already left the meeting.



*** *** ***



THE FOLLOWING FIVE NEW ZONING PETITIONS RECOMMENDED FOR APPROVAL BY BOTH

THE PLANNING ADVISORY COMMISSION AND THE PLANNING DIVISION WERE SUBMITTED AND

EXPLAINED BY CLERK OF COUNCIL WASHINGTON AND A PUBLIC HEARING WAS CALLED FOR

EACH BY MAYOR PRO TEM RODGERS:



Petition submitted by the Planning Division requesting a text amendment of

the zoning ordinance to disallow board members of the Planning Advisory

Commission, the Board of Zoning Appeals, the Uptown Fa?ade Board, and the Board

of Historical and Architectural Review to represent their own cases before the

board for which they serve. (61-A-04-Planning Division)



Petition submitted by Nascent Properties, Inc., to rezone approximately

0.24 acre of property located at #10 & #16 Earl Court from an R-4 District to

an R-3A District. (62-A-04-Nascent Properties, Inc.)



Petition submitted by Woodmont Properties, LLC., to rezone approximately

15.3 acres of property located at the Southern border of Greystone Farms

apartment complex from an R-1 District to an R-4 District. (63-A-04-Woodmont

Properties, LLC)



Petition submitted by Larry Bussey, Inc., to rezone approximately 1.14

acres of property located at 5150 Lakeshore Road from an R-1A District to an

R-2 District. (64-A-04-Larry Bussey, Inc.)



Petition submitted by the Planning Division to adopt the new Columbus

Unified Development Ordinance (UDO). (65-A-04-Planning Division)



*** *** ***



THE FOLLOWING NEW ZONING PETITION RECOMMENDED FOR CONDITIONAL APPROVAL BY

THE PLANNING ADVISORY COMMISSION AND DENIAL BY THE PLANNING DIVISION WAS

SUBMITTED AND EXPLAINED BY CLERK OF COUNCILWASHINGTON AND WAS RECEIVED BY THE

COUNCIL:



Petition submitted by David Cummings to rezone approximately 0.51 acre of

property located at 3918 Edgewood Circle from an R-1A District to an A-O

District. (66-D-04-Cummings) Mayor Pro Tem Rodgers moved the petition be

received. Seconded by Councilor Allen and carried unanimously by those eight

members present with Councilor Anthony having already left the meeting.





*** *** ***



BOARD APPOINTMENTS:



ANIMAL CONTROL ADVISORY BOARD:



Clerk of Council Washington advised that Dr. Nonie Eakle serves in the

position for a Licensed Veterinarian. She said that Dr. Eakle has been

nominated to serve another term of office. Ms. Penny Leigh Short was nominated

to succeed Ms. Jimmie Graham and Ms. Cynthia Maisano was nominated to succeed

Ms. Maxine Lee. Councilor Allen moved confirmation of all three nominations.

Seconded by Councilor Woodson and carried unanimously by those eight members

present with Councilor Anthony having already left the meeting.



*** *** ***



CIVIC CENTER ADVISORY BOARD:



Clerk of Council Washington advised that Mayor Pro Tem Rodgers is working

on a nominee for the position of Mr. Terry Hattaway on this board; this is the

Council District Five Representative.



*** *** ***



COMMUNITY DEVELOPMENT ADVISORY COUNCIL:



Clerk of Council Washington advised that Councilor Turner Pugh is working

on a nominee for the position of Mr. Douglas Bryant; this is the Council

District Four Representative.



*** *** ***



HISTORIC AND ARCHITECTURAL REVIEW BOARD:



Clerk of Council Washington advised that on last week, Mr. Howard

Bickerstaff was nominated to succeed Mr. Charles Hidle on this board.

Councilor Woodson moved confirmation. Seconded by Councilor Suber and carried

unanimously by those eight members present with Councilor Anthony having

already left the meeting.



*** *** ***



LAND BANK AUTHORITY:



Clerk of Council Washington advised that both Mr. James Wilson and Mr.

Robert Turner have been confirmed to serve on the Public Safety Advisory

Council; therefore, we would need nominations for these two seats. She pointed

out that on last week, Mayor Poydasheff nominated Mr. Dan Gray, but has since

withdrawn his nomination so that Mr. Gray could continue to serve on the

Pension Board, Employees? Board of Trustees.



*** *** ***



RECREATION ADVISORY BOARD:



Clerk of Council Washington advised that the Councilors are working on

nominations for the position of Mr. Robert Loving, Council District Three

representative and the late Ms. Debra Aldridge, Council District Four

representative.



*** *** ***



LUNCHEON:



City Manager Cavezza announced that on tomorrow at 11:30 a.m., there is a

luncheon with the Mayor and Council of Phenix City, Alabama, to be held at the

Trade Center.



*** *** ***



EXECUTIVE SESSION:



Mayor Poydasheff requested an executive session to discuss a personnel

matter. Councilor McDaniel moved to go into the executive session. Seconded

by Mayor Pro Tem Rodgers and carried unanimously by those eight members present

with Councilor Anthony having already left the meeting.



*** *** ***



Mayor Poydasheff asked if there was anyone in the audience who had a

matter to bring before the Council, at which time, no one came forward.



*** *** ***



At 12:49 p.m., the meeting was adjourned to allow the Council to go into

an executive session.



At 1:12 p.m., the regular meeting was called back to order, at which time

Mayor Poydasheff pointed out that the Council met in an executive session to

discuss a personnel matter, but there were no votes taken.



*** *** ***



FENCING REQUIREMENTS:



Councilor Turner Pugh asked the staff to check on the fencing requirements

for a piece of property that is located on Farr Road between the China Garden

Buffet and the Ranger facility, where heavy equipment is being kept.



*** *** ***



STREET MAINTENANCE:



Councilor Davis requested that the staff check into the holes in the side

of the concrete highway that is located on I-185 traveling south right past the

bridge.



Councilor Woodson also requested that the staff check the holes located on

Avondale Road.



*** *** ***



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

Tem Rodgers then made a motion for adjournment, which carried unanimously by

those six members of Council present with Councilors Anthony, McDaniel and

Suber having left the meeting with the time being 1:15 p.m.



*** *** ***





Sandra T. Davis

Deputy Clerk of Council

The Council of Columbus, Georgia