Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

NOVEMBER 30, 2004



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

order at 9:03 A.M., Tuesday, November 30, 2004, on the Plaza Level of the

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

presiding.



***

*** ***



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

were Councilors R. Gary Allen, Wayne Anthony, Glenn Davis, Berry Henderson,

Charles E. McDaniel, Jr., Nathan Suber and Evelyn Woodson. City Manager Carmen

Cavezza, City Attorney Clifton Fay, Clerk of Council Tiny B. Washington and

Deputy Clerk of Council Sandra Davis were also

present.



***

*** ***



ABSENT: Councilors Evelyn Turner Pugh and Julius H. Hunter, Jr., were absent,

but were officially excused upon the adoption of Resolution Numbers 518-04 and

519-04 respectively.



***

*** ***











INVOCATION: Offered by Councilor Wayne Anthony.

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

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



PLEDGE OF ALLEGIANCE: Led by the Chattahoochee Valley Home Schoolers.



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

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



NIGHT OF LIGHTS:



Ms. Gloria Weston-Smart, Executive Director of the Keep Columbus Beautiful

Commission, along with Mr. Elliott Waddell appeared and invited the Mayor and

Council to attend the 5th Annual Night of Lights, which will be held on

Thursday night, December 2nd at 6:00 p.m., at the Phenix City Amphitheater.



He said once again this is going to be a tri-city event for all of Fort

Benning, Phenix City and Columbus. He said this event would serve as the

official kick-off for the upcoming Holiday Season.



Mr. Waddell said each year we feature several different groups from the

community to provide entertainment and said this year, the Columbus Symphony

Orchestra will be sending their brass section to perform; as well as the

Columbus Boys Choir, Columbus Ballet, the 283rd Infantry Band, and Smith

Station High School Choir. He said once again we would have fireworks, which

sets the moods for all things.



*** ***

***



ROMANIA VISIT:



Mr. and Mrs. Tom Beal came forward to give a report on their recent visit

to our Sister City, Bistrita Romania. He then gave a report highlighting their

activities that took place this past summer.



He said a group of twenty individuals went to visit our Sister City back

in June. He said this group was composed of some medical personnel, educators,

and a member of the Georgia Department of Labor, along with some teenagers and

young people. He said the emphasis on this trip was two-fold pointing out that

the medical personnel went along to access, both the medical capabilities of

our Sister City and the region around Bistrita, as well as to assess some the

capabilities and needs.



Mr. Beal said the educators went to look at the school situation,

particularly elementary and secondary education. He said there was an interest

that had been expressed by the Mayor of Bistrita of starting an English

speaking kindergarten. He said as you may know, it is usually the 4th or 5th

grade where they begin to teach a second language to the children and the

thought on the part of the Mayor was to begin this process earlier by perhaps

opening an English speaking kindergarten.



He said they took some training materials and equipment and trained a

number of their emergency medical technicians using some of the techniques that

we are familiar with in our Country. He said eight weeks prior to the trip;

they shipped a 20-foot container filled with medical equipment and supplies,

which was donated by physicians here in Columbus.



He also pointed out that Mayor Pro Tem Rodgers had the opportunity to

visit with some of their troops. He said there was a group of soldiers that was

going on to Iraq about two weeks after they arrived in Romania and the Mayor

Pro Tem spoke to the troops and thanked them for their commitment to the fight

the war on terrorism.



Mr. Beal said they continued their work in three different orphanages,

bringing in equipment and supplies, as well as purchasing some supplies while

they were there. He said they also worked in a school for handicapped adults.



Ms. Arlene Beal then appeared and outlined the plans for their trip for

next year on May 26 - June 8, 2005. She said they would continue to work in the

orphanages, and the home for handicapped adults, as well as the schools,

businesses, churches, and City Government leaders.



She said they would be going when school is out on next year, so that many

of the educators, as well as students will be able to go with them next year.

She said they have asked that we send as many educators as we possibly can to

help them in their school.



Ms. Beal said they have requested that we begin cultural exchanges and

this is one of the things that they are looking forward to doing in 2005. He

said in 2003, they built a playground in the City Park with the help of the

Rotary here in Columbus and Rotary International. She said on this year, the

emphasis was on medical supplies, and next year they want to have the cultural

exchange. She said they are planning on taking a chorus of vocalist and

instrumentalist from Columbus to Bristria.



She said they are planning on doing a concert of traditional American

music, classical music and inspirational music. She said one of their local

Ministers of Music who has been with them before has already agreed to direct

the choir. She said they need support from the people of Columbus, as there are

many instrumentalists and vocalists in Columbus and they would like to have

them to go with them and represent the City of Columbus in this concert as we

give them the gift of music.



Mayor Poydasheff said he would recommend that Ms. Beal contact Mr. Bullock

regarding this issue.

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

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

PROCLAMATIONS:



?DRINKING & DRIVING AWARENESS MONTH?:



There was no one present to receive this proclamation; however, Councilor

Davis read the proclamation of Mayor Poydasheff, proclaiming the month of

December 2004, as ?Drinking & Driving Awareness Month? in Columbus, Georgia.



Mayor Poydasheff said he would see to it that this proclamation is sent to

the proper individual.

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

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

MINUTES: Minutes of the November 16, 2004 meeting of the Council of the

Consolidated Government of Columbus, Georgia were submitted and approved

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

seconded by Councilor McDaniel.

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

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

CITY ATTORNEY?S AGENDA:



AT THE REQUEST OF COUNCILOR MCDANIEL, THE FOLLOWING ORDINANCE WAS CALLED

UP AS THE NEXT ORDER OF BUSINESS; HOWEVER, DUE TO AN INCONCLUSIVE VOTE OF THE

COUNCIL, WILL BE DELAYED UNTIL NEXT WEEK?S MEETING:



__



An Ordinance - Rezoning property located at 5304 Hurst Drive from an

R-1District to an R-3A District. (60-D-04-Mooneyhan)



Councilor McDaniel asked Mr. Will Johnson of the Planning Division staff

to come forward to respond to a question. He said a lot of people are concerned

about this particular rezoning and then asked Mr. Johnson to explain to those

seated in the audience and interested in this matter, how this property can be

used right now and why they are asking for the rezoning.



Mr. Johnson said the way the zoning ordinance is written, it says churches

and other places of worship; neither is defined in the zoning ordinance; so it

is rather vague at best. He said if they are holding services, bible study;

whatever, they are holding, if it is related to the ministry, the way the

zoning ordinance reads, there would be nothing that we can do to deter it.



Councilor McDaniel said the only reason they are asking for the zoning is

to allow people to sleep there, and then asked Mr. Johnson if that is the only

difference, to which he said yes.



City Manager Cavezza said he wanted to know if the City Attorney agrees

with that definition or explanation.



City Attorney Fay said there is no definition on the religious use. He

said the Georgia Supreme Court has looked at that issue over the years and they

have expressed in various opinions some language to the effect that the essence

of religion is belief and relation to God involving duty superior to those

arising from many human relation.



He said with a religious use or a church based organization, it can be

used in an R-1 or R-3 or any other residential zone; however, the only

difference here is the overnight residential use, which prompted this request

for the zoning.



Councilor Anthony then asked was there a reason why the Planning Division

denied this request.



City Manager Cavezza said it is inconsistent with our policies and the way

we have been doing that in the past. He said in an R-1 area such as this, we

general don?t put an R-3 area; which is what you would need in order to have a

religious organization like this. He said it is not consistent with the

policies in place.



Councilor McDaniel said he feels like there was a lot of scare tactics

that were used; which scared a lot of the residents, especially the elderly. He

said he just wants them to know the truth, because this is a very complicated

problem. He said there is a board who runs this organization that is very

respectable and said they will not let anything happen up there that will hurt

these people. He said this Council would not vote to approve anything that

would hurt the residents.



He said a lot of the complaints that he has had is that they didn?t want

this in a residential neighborhood, but said he would like to remind the

residents and the Council that the Bradley Center and the Pastoral Institute

are right in the middle of St. Elmo and East Highland neighborhoods. He said

they have dormitories that they sleep in, as well as they have the drug abuse

and alcohol abuse programs; which is right in the middle of a residential area,

and also right across the street from a school and that concerns him.



Councilor McDaniel said it?s a real tough decision, but you have to do

what?s right for the entire City and that is what we are trying to do.



City Manager Cavezza said the guidance to the staff is to look at these

requests and base their recommendations on what the rules are as laid out in

the comprehensive plan. He said the comprehensive plan states that you can?t

request a special exception use in an R-1 zone; it has to be R-3 or R-3A. He

said the area around the Bradley Center is R-3A and said the Council has the

prerogative of making exceptions to any rule; however, the staff will make

recommendations based on the rules in place.



After several minutes of discussion on this subject, Mayor Pro Tem Rodgers

then made a motion to adopt the ordinance. Seconded by Councilor McDaniel,

which resulted in an inconclusive vote of 5 - 3. Voting for the motion was

Councilors Davis, Henderson, McDaniel, Woodson and Mayor Pro Tem Rodgers.

Voting against the motion was Councilors Allen, Anthony and Suber.



Mayor Poydasheff pointed out that in order for any item of the Council to

pass, there must be six votes of the Council. He said if there are five to five

tie votes, then the Mayor breaks the tie, but unless you have six votes, there

is no legal action; therefore, the second reading will carry over until next

week for another vote. He said we have two Council members absent on today and

said the Mayor doesn?t have a vote unless there is a tie vote, so this matter

will be continued on next week.

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

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

ZONING PUBLIC HEARINGS:



THE FOLLOWING THREE ZONING ORDINANCES WERE SUBMITTED AND THEIR CAPTIONS

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

ADVERTISED: _____________________________________________



An Ordinance - Rezoning property located at #10 & #16 Earl Court from an

R-4 District to an R-3A District. (62-A-04-Nascent Properties, Inc.)



PROPONENTS & OPPONENTS:



No one, including the petitioner was present, to speak to this rezoning

ordinance.



***

*** ***

An Ordinance - Rezoning property located on the southern border of

Greystone Farms apartment complex from an R-1 District to an R-4 District.

(63-A-04-Woodmont Properties, LLC)

PROPONENTS & OPPONENTS:



The petitioner was present, but he did not make a presentation, as there

was

no one present to oppose this proposed rezoning ordinance.



***

*** ***



An Ordinance - Rezoning property located at 5150 Lakeshore Road from an

R-1A District to an R-2 District. (64-A-04-Larry Bussey, Inc.)



PROPONENTS & OPPONENTS:



The petitioner was present, but he did not make a presentation, as there

was no one present to oppose this proposed rezoning ordinance.



City Attorney Fay then pointed out that these ordinances would be voted on

at next week?s Council meeting.



***

*** ***



THE FOLLOWING ORDINANCE, WHOSE FIRST READING WAS DELAYED AGAIN ON LAST

WEEK WAS FROM THE NOVEMBER 16TH COUNCIL MEETING WAS AGAIN SUBMITTED AND A

PUBLIC HEARING HELD AND THE ORDINANCE AMENDED BY THE COUNCIL AFTER SEVERAL

MINUTES OF DISCUSSION:_______



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)



City Attorney Fay pointed out that Mr. Erickson is present here this

morning and said he doesn?t know if he wants to distribute some information to

the Council but said there may be some amendments offered on today.



Mayor Poydasheff said he thinks that the Council members received a new

plat and a proposal on yesterday.



Councilor Allen said Mr. Erickson has been kind enough to meet with the

homeowners and we have gathered together several times to discuss the plans and

on this particular plan, they got together on last night for approximately 2?

hours and talked through some things. He said there were a few issues that they

had brought up and had a consensus on and he has talked with Mr. Erickson this

morning and he thinks that they are in agreement on those things.



He said what he wanted to do was to mention some concerns and go through

them with the Council.



He said the lots that front Midland Road, the Council had asked that those

lots be one acre; he asked Mr. Erickson to advise why he couldn?t make those

lots one acre. And after that, he wanted to ask Mr. Erickson for consideration

to have some of those lots to be merged to one-acre sites.



Mr. Erickson said he met with the community a few weeks ago and said there

were a few ideas that came out of that and said that is how they got to the

plat that they now have.



Using a plat of the area, Mr. Erickson then went into some details in

outlining the changes from what the plans was previously to what it is

currently. He said they have a large house that is currently on the property

and previously they had allocated a large yard to go with that; however, they

have sacrificed that rear yard in order to gain some more lot count; so that we

will have the benefit of improving the north side of the property. He said

previously on the north side of the property, they had two 40,000 sq. feet lots

and now they have gathered enough land to add four more of them.



He said they now have 40,000 sq. feet lots backing up to each of the

residents that are currently on the frontage of Midland Road. However, they

have not been able to accomplish that with the several lots that are on the

curb inside the subdivision, but have put a buffer along the outside edge of

that and along the frontage of Midland Road, they have the buffer with the

fence retained on the inside of it to further enhance that effect of the buffer

as well.



Mr. Erickson said the reason they didn?t do one-acre lots there as stated

previously is basically the numbers count. He said in order to do this project

and to do it well, high quality, he has been targeting this project towards 140

lots, and he has moved significantly away from that to 129 lots. He said he

thinks that the neighbors are in consensus agreement that this is as good as we

can get on both sides.



Mr. Erickson then responded to questions of Councilor Allen as it relates

to Lots 127 & 128 and if he has spoken with the owner of the property where

there is currently a home site that is being developed there.



Councilor Allen said he would like to ask for Mr. Erickson?s consideration

on Lots 127 & 128, if he could merge those two lots to have one-acre facing the

Midland Road properties, as you have with Lots 129, 70 & 65; which would give

the one-acre for those home sites across the street. He said he knows that this

will cause you to loose a lot, but said if you go down where the Ninas? lot

sits, and cut that lot in half which seems to be oversized as well, and have

each of those lots face the court that they are on, then you could have two

lots that are roughly 16,000 sq. feet which will get you back up to 129, which

causes you not to loose any lots.



Mr. Erickson said if you are simply counting lots, you are correct; but

unfortunately to do that, you are tearing down a $300,000 house to get one more

lot and said he is not prepared to make that sacrifice. He said he believes

that he has listened to the community and adjusted his plans to the maximum

extent possibly. He said he believes this is an equitable plan that he still

can support; which entails protection for all the residents to the maximum

degree that he can possible do.



Councilor Allen said the other items that he wants to convey to the

Council; which Mr. Erickson has agreed upon is outlined below.



He said the rezoning request is for an R-1A zoning and said what they have

agreed on is the lots that have been identified on the plat as one-acre lots

will remain A-1 and then we will rezone the other lots to R-1A. He said they

have also agreed to setbacks on the A-1 lots. He said Mr. Erickson has asked

for front and side setbacks and has agreed to allow the back setback to remain

at 40-feet on the A-1 lots.



After continued discussion regarding this proposed rezoning between

Councilor Allen and Mr. Erickson, Councilor Allen then made a motion to include

the following conditions into the ordinance. Those 23 lots numbered on said

plat shall remain zoned A-1, shall be permitted to use R-1A front and side

setbacks, and shall be subject to a 40-foot rear setback



Mr. Erickson said he would get with the City Attorney?s Office today or

tomorrow and help detail exactly which numbers those lots are and assist with

the language of that.



City Attorney Fay consulted with Mr. Erickson and identified those 23 lots

as Lots 1, 6, 7, 17, 18, 19, 25, 48, 49, 65, 70, 89, 90, 91, 92, 93, 104, 117,

118, 119,120, 121 and 129. Councilor Woodson seconded this motion, which

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



Councilor Allen said at the Midland Road entrance there is a crest that

would be basically to west back toward Liberty Hall and said the Engineering

Division needs to look at where that entrance needs to be.



Mr. Erickson said he and Mr. Hamlett have discussed that briefly and said

they have agreed that they would need to go out and get the numbers and if they

need to adjust it some way, he would make the adjustment.



Mayor Poydasheff then asked if that adjustment will be in the site plan,

to which Mr. Erickson said yes. He said as he mentioned in our last discussion,

this is essentially a preliminary plat and normally prior to submitting a

preliminary plat, you would do more engineering than we have currently done. He

said his first impression is that Midland Road is pretty flat and said Mr.

Hamlett might be correct, but said we won?t know that for sure until we go out

there and verify it.



Councilor Allen said with that in mind, what he would like to ask Mr.

Erickson to commit to today, is that the construction entrance be at that site;

wherever we decide that the Midland Road would be, that would be your

construction site. He said this would keep the construction traffic off of Old

Pope Road, which is basically dirt gravel. Mr. Erickson said he could do

that.



Councilor Allen said that we have talked about the greenspace and said he

would like to get Mr. Erickson?s commitment, as to what percentage of greenery

that he is going to maintain. However, Mr. Erickson said he didn?t commit to a

specific amount, because he doesn?t have the information that he can

specifically tell you. He said his philosophy would be to maintain a very

forest oriented look to the entire subdivision as he builds it, develops it and

consults each of the individual homeowners. He said as a philosophy that is his

full intent. He said what the homeowners do, he doesn?t have full control over.

He said he would look at the subdivision covenant and look at adding some tree

components to it.



After more than thirty minutes of discussion, Councilor Allen said he

appreciates the Council?s patience and indulgence in this matter, as well as

thanked the neighbors for their consistent persistency in continuing to meet

with Mr. Erickson and working with him.



City Attorney Fay said he would like to add a few more conditions just to

tie this down to this plat dated November 24th. He said Mr. Erickson is in

agreement with it.



He said the first condition would be that the developer is restricted to a

maximum of 129 lots as depicted on the attached preliminary plat by Hobbs,

Smith and Associates dated November 24, 2004 and to all buffers, easements,

street frontages, building setbacks and fencing which shall run parallel to the

interior line of the 40-foot buffer shown on said plat and to all other

easements of record. Said plat is hereby made a part of this ordinance and is

specifically incorporated herein by reference.



City Attorney Fay said the second condition, which we have already talked

about, would be those Lots Number 1 through 10, or whatever they would be, the

one acre lots shall remain zoned A-1, subject to R-1A front and side setbacks,

and shall be subject to a 40-foot rear setback.



Condition Number 3: The construction entrance shall be located on Midland

Road as determined by the City Traffic Engineer.



Mayor Poydasheff then asked Councilor Allen if this was his motion, to

which he indicated that it was; which was seconded by Councilor McDaniel.



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

regarding the utility easement.



Councilor Allen asked if it was necessary to put in the condition in the

ordinance, the construction entrance; to which City Attorney Fay said you don?t

have to, but said we were just going to tie him down to Midland Road as

determined by the Engineer.



Councilor Allen said he just wanted to clarify this for the Council and

the record, because this was something that the City Attorney added, because it

wasn?t nothing that the residents didn?t ask for.



City Attorney Fay said Mr. Erickson is agreeable to that and this would

make it part of the record.



Councilor Davis said he was concerned with the 40-foot buffer with utility

provisions, saying in his mind that would be 25-30 feet cleared and then the

buffer would essentially be gone. He then asked if that is something that

everyone has agreed upon because he thinks the buffer was placed there to be a

buffer between the Midland properties with the residents already living in the

area and the subject property; and then asked, has this been a topic of

discussion?



Mr. Erickson then went into further details in explaining this to the

Council. He said it has not been a topic of discussion, it evolved from other

items where we had a buffer at the front of the property. He then showed the

area on the plat where they had offered the buffer, saying there was off-site

territory and particularly water coming through the area and said the utility

provisions allow for a mechanism to penetrate that in a localized spot. He said

this wording simply carries over from that. He said that natural buffer should

at least have the capability of penetration for necessary reasons.



Councilor Davis then asked if it was defined as an undisturbed natural

buffer?



Mr. Erickson said it was a voluntary item early on and it has never been

an undisturbed buffer in this discussion.



Councilor Allen said it is supposed to be an undisturbed natural buffer.

However, Mr. Erickson said the frontage of Midland Road doesn?t have that

utility provision and the intent is that this is intentionally undisturbed. He

said he has carried over the utility provisions, because there is a possibility

that something may have to go there. He said at this point and time with this

plat that probably isn?t necessary.



After continued discussion on this aspect of the proposed rezoning as it

relates to the utility easement, and Mr. Erickson responding to further

questions, saying if Councilor Allen wishes to drop the utility provision of

that corner, he may do so.



Councilor Allen then made a motion to amend his earlier motion to state

that the utility easement for lots numbered 122 through 126 on said plat shall

be removed. He said he would also like to include that there be no driveway

access from the lots that adjoin Midland Road or from the lots that adjoin

Midland Road. He said all the driveways would be internal.



City Attorney Fay said he must have the street frontages tied to the plat,

but said we can add in driveways in Condition Number One, as shown on the

plat.



Mr. Erickson said the wording would be driveways are accessed from the

internal subdivision.



The question was then called on Councilor Allen?s motion to amend the

ordinance with the conditions as outlined above, which carried unanimously by

those eight members of Council present.



Councilor Allen then asked for clarification for the record; saying he

made a motion to add two additional amendments to his original amendment and

then asked if we need to vote on adding them in.



City Attorney Fay said no, we just added them. He said he will include

those two extra provisions on removing the utility easement on Lot 122 through

126 and the access to all lots will be from internal driveways.



Councilor McDaniel said he has served on this Council for 28 years and

said he has never known the Council taking as much time as we have on this

matter, trying to help the people. He said it has been almost five years since

we first dealt with this issue. He said he just wants to say that the people in

this neighborhood should be very thankful to Councilor Allen, as he has spent a

tremendous amount of time on this issue.



After more than forty-five minutes of discussion on this issue, City

Attorney Fay then declared this public hearing held and pointed out that it

will be on second reading on next week, as amended.



***

*** ***





THE FOLLOWING ZONING ORDINANCE WAS ALSO SUBMITTED AND A

PUBLIC HEARING WAS HELD AS ADVERTISED:

_____



An Ordinance - Adopting the new Columbus Unified Development Ordinance

(UDO) which adds new zoning classifications; eliminates the A-1 zoning

classification; provides new bed and breakfast designations; authorizes use of

overlay zoning districts; provides for new types of Planned Unit Developments;

provides new day care facility regulations; revises home occupation

regulations; provides new standards for places of worship; provides regulations

for transitional housing; provides new environmental controls for development;

provides resource conservation subdivisions as a development option with sunset

provision for January 1, 2007; provides two classes of zoning amendments-major

and minor; said new provisions to be effective March 1, 2005; repealing

existing regulations and zoning ordinance effective March 1, 2005; and for

other purposes. (65-A-04-Planning Division)



City Manager Cavezza said this ordinance has been in the making for 2 ?

years and said it is a major accomplishment because it has the support of the

developers, the environmental community and citizens groups. He said it is a

dynamic thing and there have been a lot of changes; and we have taken all of

these various ordinances and documents and have consolidated them into one

document that will make it more manageable. He said there have been some

changes in them, which we have pointed out to the Council in previous meetings

and work sessions.



He said there are two changes, which he would like to re-emphasize on today.



(1) The conservation subdivision, which in his mind is the solution to prevent

reoccurrences of what we have just went through over several months. He said if

Mr. Erickson had met the requirements of the conservation subdivision, then

that would not have had to come before the Council for approval; however, if he

felt that he didn?t want to meet them and still come before the Council, he

still would have that prerogative. He said it doesn?t shut out that option for

developers.



(2) Home Occupation becomes more administrative and the staff does more of the

action on that and we don?t get the Council encumbered in issues on those

things.



City Manager Cavezza said we will need to work with and may have to tweak

some things. He said there is one provision in it where we talk about the

conservation subdivision where we will revisit it on January 1, 2007 to see how

that?s working and if that is what the Council wants.



He said based on the discussion today on the religious organizations on

churches and the mission of churches, there has been some discussion on that

and there is some clarity needed on definitions of house of worships. He said

he believes that is something that we need to address.



Mayor Poydasheff said that is something the City Attorney needs to look

into so that whatever definition we come up with is consistent with any Supreme

Court of Georgia and the United States decision.



City Manager Cavezza said he would do that before we bring it back for

second reading.

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

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

CITY ATTORNEY?S AGENDA:



THE FOLLOWING TWELVE RESOLUTIONS, EXPRESSING APPRECIATION TO THOSE

EMPLOYEES WHO RECENTLY RETIRED FROM THE SERVICES OF THE COLUMBUS CONSOLIDATED

GOVERNMENT WERE SUBMITTED AND READ BY MAYOR PRO TEM RODGERS AND ADOPTED BY THE

COUNCIL PURSUANT TO THE ADOPTION OF A SINGLE MOTION MADE BY MAYOR PRO TEM

RODGERS AND SECONDED BY COUNCILOR ANTHONY, WHICH CARRIED UNANIMOUSLY BY THOSE

SEVEN MEMBERS OF COUNCIL PRESENT AT THE TIME, WITH COUNCILOR SUBER BEING ABSENT

FOR THIS VOTE: _



A Resolution (493-04) - Expressing appreciation to Mr. Jimmy D. DeBice

upon his retirement with the Columbus Department of Fire and Emergency Medical

Services after 34 years of service.



A Resolution (494-04) - Expressing appreciation to Mr. Terry Joe Stansell

upon his retirement with the Columbus Department of Fire and Emergency Medical

Services after 31 years of service.



A Resolution (495-04) - Expressing appreciation to Mr. Hugh J. Ligon upon

his retirement with the Columbus Department of Fire and Emergency Medical

Services after 35 years of service.



A Resolution (496-04) - Expressing appreciation to Mr. Phillip R. Poole

upon his retirement with the Columbus Department of Fire and Emergency Medical

Services after 25 years of service.



A Resolution (497-04) - Expressing appreciation to Mr. Jerry Renfroe upon

his retirement with the Columbus Department of Fire and Emergency Medical

Services after 33 years of service.



A Resolution (498-04) - Expressing appreciation to Mr. David L. Jones upon

his retirement with the Columbus Department of Fire and Emergency Medical

Services after 32 years of service.



A Resolution (499-04) - Expressing appreciation to Mr. John B. Williams

upon his retirement with the Columbus Department of Fire and Emergency Medical

Services after 32 years of service.



A Resolution (500-04) - Expressing appreciation to Mr. Larry T. Passmore

upon his retirement with the Columbus Department of Fire and Emergency Medical

Services after 25 years of service.



A Resolution (501-04) - Expressing appreciation to Mr. Jack D. Kinsman

upon his retirement with the Columbus Department of Fire and Emergency Medical

Services after 32 years of service.



A Resolution (502-04) - Expressing appreciation to Mr. Thomas J. Drake

upon his retirement with the Columbus Department of Fire and Emergency Medical

Services after 34 years of service.



A Resolution (503-04) - Expressing appreciation to Mr. Tommy M. Smith upon

his retirement with the Columbus Department of Fire and Emergency Medical

Services after 34 years of service.



A Resolution (504-04) - Expressing appreciation to Mr. Victor Schmidt upon

his retirement with the Columbus Department of Fire and Emergency Medical

Services after 34 years of service.

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

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

PUBLIC AGENDA:



MR. EDWARD DUBOSE, REPRESENTING THE COLUMBUS BRANCH OF THE NAACP, RE: TO

DISCUSS THE INCIDENT THAT OCCURRED ON OATES AVENUE:



Mr. Dubose said he would like to bid City Manager Cavezza the best of luck

and God?s blessings as he steps away from City Council. He said while they

disagreed on many things, he knows that his interest was always for the City.



He said he is here on today to talk about the incident involving little

Miss Alniece Peterson, the 4-year old girl who was injured in an accident on

Oates Avenue. He said right now Miss Peterson is back in Atlanta in critical

condition. He said the grandparents came here on today, along with him and Mr.

Antonio Carter. He said they are here seeking the Council?s assistance. He said

there are several things that can happen in this process.



Mr. Dubose said there is one thing that he has found out, which the City

Council for that area could have found out, is that the speed signs, the

driving signs for that area are not up there.



Mayor Poydasheff then asked City Manager to look and see if there are any

traffic signs that have been removed.



Mr. Dubose said we know that the individual that hit Miss Peterson had two

prior DUI and have also received some information on his own; whereby if an

individual is under the age of 21 with the first DUI, you get a 6-month

suspension and with the second one you get a 12-month suspension of your

drivers license and have to attend a course here in this City. He said he is

told by the individual that there is only three people who are qualified to

teach this subject and not one of them have seen Adam Johnson. He said he

doesn?t know how much of that bare in the hands of the City, but what he is

coming before you to say is this, The black community is getting tired of the

same statements of ?wait for the facts, let?s just see how this plays out, just

be patient, you guys react too soon and you don?t know what you?re talking

about?. He said at the same time we are listening to these statements, these

two grandparents have to go back to Atlanta, to wonder and pray if there

grandchild is going to make it.



He said while he believes this is an emotional situation, he is not

casting any blame on the City Council, but he believes there is more that the

entire leadership can do in this City. He said he is tired of case, after case,

after case of the descriptive action by everyone that a black life doesn?t mean

anything.



Mr. Dubose spoke for some twelve minutes in expressing his concern about

One Columbus and said we will never achieve oneness in this community, as long

as black people have the perception that black life is meaningless in the white

community. He said what he is saying to the City Council, is that he knows that

you are bound by the law and God knows that there is only so much you can do,

but the question is, are you doing all that you can do within the bounds of the

law. He said people can?t always sit back and listen to and be calm.



He said we have to do something more, we have to do more than just say

that we are praying for you. He said it is not enough to just say let the facts

come out.



Mr. Dubose said it is his goal to step away from the NAACP and he is going

to do that on January 8, 2005; but is making a vow and a commitment before God

that while he steps away from the NAACP, he will fight to the last breath in

his body for people who are wronged. He said all of those who feel that

organizations are erected to create problems; if that is true, then stop them

by solving the problems. He said he is vowing that.



Mayor Poydasheff said he would hope that Mr. Dubose continues his good

work for people, as well as continue his work for the State of Georgia and the

NAACP and said we hear your message.



Councilor Woodson said she don?t know exactly what Mr. Dubose needs from

this Council, because the person that made the decision is not in our area.

She then outlined an incident that happened to her son who got a speeding

ticket and some things that he went through after receiving this ticket. She

said she can understand what you are saying, but she doesn?t know how they can

help you because the decision is not made by them.



Mr. Dubose said the City Council could help him by finding out whether

procedures are being followed when individuals have gotten a DUI and are they

going through the appropriate channels in terms of what the law requires. Are

individuals still driving after being convicted of DUIs once or twice without

sufficient reasons to have a drivers? license in that particular case.



He said the City can?t get into the legal business but you can find out if

the system is being followed of how jury selection is taken place, in terms of

diversity of the jury, the process that handles when a jury comes forward. He

said you couldn?t get in the way of what the district attorney is doing,

because that is legal; you can?t get in the way of the grand jury final

decision, because that is legal, but you can go within the process to find out

are things happening the way they should happen in that process.



Mr. Dubose then responded to several questions of Councilor Woodson.



Councilor Anthony said he would like to thank Mr. Dubose for being a

conscience for us and we do appreciate what you have done and continue to do

and he would hope that you continue to be actively involved in the community.

He said here is another item that we can refer to the Public Safety Advisory

Commission; what is the process.



Mayor Poydasheff said he would talk with Councilor Anthony about this.



*** *** ***



MR. KENNETH CLAY, RE; POLICE DEPARTMENT:





Mr. Kenneth Clay said he would like to talk about some issues that he has had

dealing with situations where he said he wants to be precise and put this in an

appropriate way that all will understand.



He said he has had a lot of problems since he has been here in Columbus,

Georgia and said as a person of believing in his constitutional rights and to

express himself by protesting, boycotting or whatever he might do when he has

an issue with different companies or in the industry of Columbus, Georgia, such

as Peachtree Mall, State Farm Insurance or St. Paul Travelers; and

understanding that you as the City Council as far as what the law allows you to

do.



Mr. Clay said when we have a situation where a person that works for

Peachtree Mall is an off-duty police officer that is working privately and had

him arrested for something in reference to his constitutional rights, and this

is what he is here to talk about today. He said he don?t know what, if

anything, the City Council can do with this issue at hand. He said he would

continue to express his constitutional rights by protesting and doing what the

law allows him to do. He said he understands that the City can?t do anything

with his issues that he is talking about, but he just wanted to bring this

before the City in regards to these companies that are manipulating the law to

the best of their ability to take advantage of a situation of him expressing

his constitutional rights. He said that is all he has ever done in this City is

expressed his constitutional rights as a citizen here in Columbus, Georgia and

that is all he will always do.



Councilor Suber asked Mr. Clay if he has talked with the Mayor about this

issue, because two weeks ago, you were before this Council and he asked you to

come to his office because you were complaining about a certain officer doing

something concerning your constitutional rights; did you not have that

discussion with the Mayor.



Mayor Poydasheff said that he has already spoken with Mr. Clay and said

that the ball is in his court. He said that Mr. Clay alleged that the police

didn?t do a job by citing the fact that he was injured in an accident. He said

at first Mr. Clay indicated that he had an operation and then said no he didn?t

have the operation, but is waiting to have the operation. He said the bottom

line is that he said that his doctor is going to operate on him, and he told

Mr. Clay before the police will reopen a case on whether or not he was injured

as a result of that accident; that he wants a letter from his doctor pointing

out where he was injured and where the injury occurred and was it a direct

result of a car incident as alleged by Mr. Clay. He said he hasn?t heard

anything from the doctor yet, so we are still waiting.



Councilor Suber said he also made reference to the police officers working

part-time and sounds like he made an inference to under the guides of private

property to make an arrest that would be unconstitutional and he doesn?t think

that is correct. Mayor Poydasheff said, no it is not.



Mayor Poydasheff said there are a lot of other things that are outstanding in

this situation that he just received this morning and said that as a Council

member, Councilor Suber has every right to observe issues and had a right to

ask if you met with him. He said the ball is now in Mr. Clay?s court to send

this information to him from his doctor regarding this matter on his doctor?s

letterhead sent to his office.



Councilor Woodson said since we are doing the CCG-TV News Watch and

putting out information to the community on the different departments and how

processes work, could we have a report given outlining accident reports and how

they are processed.



Mayor Poydasheff said he will get together with the City Manager and have

the Chief of Police to come to a Work Session and explain how accidents are

investigated.



Councilor Woodson said she doesn?t just want them to come to the Work

Session, but she wants it to be televised as well.



Several minutes of discussion continued on this subject, with Mayor

Poydasheff responding to further questions and concerns of the Council.

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

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

CITY MANAGER?S AGENDA:



City Manager Cavezza said the Mayor Pro Tem has asked that we readdress

the Unified Development Ordinance again, because he has some questions

regarding this subject.



Mayor Pro Tem Rodgers said one of the issues that we dealt with today and

upon some further dialogue with the Planning Division raised some concerns with

him. He said it may be all right in the final analysis, but said he thinks that

the Council needs to be aware of this as we look at this Unified Development

Ordinance. He said during the consideration of the rezoning on Hurst Drive,

some comments had been made that they can do the same thing that they want to

do without rezoning, as long as they don?t sleep there at night and said he

took exception to that comment. He said he don?t agree with that, because

historically, the perspective and the legislative intent of this Council was

that anything that would be regarded as a church, would be the facility in

which the primary worship was held. He said because there are so many different

churches getting into so many different fields, and our Planning Division tells

us that is the interpretation and that the UDO plainly states that is the

interpretation. He said he just wants the Council to know that this potentially

is going to open a Pandora?s box, if he understands it correctly. He said he

did get an affirmative today that if the Valley Rescue Mission as a Ministry or

a faith-based organization wanted to open some type of operation in that zone,

they could do so under the UDO. He said if that is the direction that the

Council wants to take; then that?s fine, but he thinks this is something we

need to discuss among the Council to make sure that we are aware of this.



City Manager Cavezza said that is one of the reasons why he asked the City

Attorney for his opinion on the statement that Mr. Johnson made earlier.



City Attorney Fay said we had also discussed this with the Planning

Division and our consultant. He said the place of worship definition that is

proposed in the UDO says a place of worship means a building including a

church, mass or synagogue used primarily as a place of public or private

worship on a permanent basis by recognized and established religious sect or

denomination and registered as a non-profit organization pursuant to a

501(C)(3) of the Revenue Code.



He said what the Planning Division is thinking about doing is deleting the

word ?and? in this definition and said it will have to be used primarily as a

place of public or private worship on a permanent basis by recognized and

established religious sect or denomination and registered as a non-profit

organization pursuant to a 501(C)(3) of the Revenue Code. He said you still

have as a primary use as a place of worship on a permanent basis in this

definition that is still proposed. He said the current ordinance is not that

restricted.



City Attorney Fay said he doesn?t think that the proposed definitions

would restrict accessory uses. He said the UDO would make it more restrictive

as to what a place of worship is; he said the current ordinance only says

religious use or accessory use. He said it doesn?t define it.



Discussions continued on this matter with Mayor Poydasheff and several

members of the Council expressing their views on this issue.



City Manager Cavezza then called forward Mr. Bill Ross, the consultant to

address this issue as he helped to put the Unified Development Ordinance

together.



Councilor Woodson then asked Mayor Pro Tem Rodgers questions about the

taxing status of churches.



Mr. Bill Ross of Ross & Associates then came forward and stated that they

have gone to great lengths to try to deal with and be in compliance with the

Federal Religious Freedom Act and court decisions. He said they have really

tightened up definitions; and at the same time addressing the issue of

accessory uses as brought up by Mayor Poydasheff.



Mr. Ross then went into details explaining the difference between

principle use and accessory use. He said the definition that the City Attorney

just read says that the primary purpose of the church is as a place of worship;

which is the principle use. He said they also have a list of associated uses;

the accessory uses to a church, assembly halls, community centers, fellowship

halls, offices for administrative uses, etc.



He then spoke for some fifteen minutes in explaining further the

definition that is included in the ordinance. He said he thinks they are pretty

clear, but said they will go back and revisit that as they have heard the

Council?s concerns.



Mayor Pro Tem Rodgers said that he doesn?t have a problem with Mr. Ross?

interpretation and the definition; however, what he is saying, is that we have

historically allowed them because of their worship status, only their worship

status to locate anywhere in town that they desire and said we may want to

consider that if we are going to be bound by a law that says other activities

related to this organization are allowed to go on; then we may want to

reconsider our position with respect to them going in an R-1 zone.



Discussions continued on this subject, with Mr. Ross responding to further

questions and concerns of the Council.



Mr. Ross said the Council may wish to consider even though smaller

churches are proposed in a single family residential district, consider that

you require a special exception use approval to keep tract of them and see

what?s being proposed. He then asked City Attorney Fay if that would be a

problem?



City Attorney Fay said he thinks that you can do that. Mayor Pro Tem

Rodgers then asked City Attorney Fay to look into that.



Councilor Davis said he thinks that we need to look at having some kind of

building standards for churches. He said he thinks that this needs to be

looked at, ways that we can blend in churches in neighborhoods.



City Manager Cavezza said they did look at building standards, and said

that is something that we want to get into, but said we just didn?t want to get

into it at this phase of the UDO, because they felt it would be a bit much. He

said they are not only talking about churches, but businesses as well. He said

when you start getting into building standards, you are getting into

constitutional rights, etc. He said it is something that needs to be addressed

as we go through this process.



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

was concluded.



***

*** ***



THE FOLLOWING TWO RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY MANAGER

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

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

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

PRO TEM RODGERS BEING ABSENT FOR THIS VOTE:____________________________________



A Resolution (505-04) - Authorizing the acquisition of right of way for

the Williams Road and Whitesville Road Intersection Improvement Road Project.



A Resolution (505-04) - Authorizing the abandonment of utility and

drainage easements located at the rear of the property of Lot 9, Block "K"

Section Nine, 4669 Sears Woods and also at the rear of the property Lot 38,

Block "K" Section Ten, Sears Woods and to execute Quit Claim Deeds to Dr.

Edward Matthews. An agenda report, map and resolution are attached.



***

*** ***



THE FOLLOWING TEN PURCHASING RESOLUTIONS 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 SEVEN MEMBERS OF COUNCIL PRESENT AT THE

TIME, WITH MAYOR PRO TEM RODGERS BEING ABSENT FOR THIS VOTE:



A Resolution (507-04) - Authorizing the purchase of dress and work

uniforms from All American Uniforms on an ?as needed basis? in the estimated

annual contract value of $570,838.36. The uniforms will be utilized by various

departments to include Police, Sheriff, Marshal, MCPrison, Fire/EMS, Public

Services, METRA, Inspections & Codes, Engineering, Parks and Recreation, and

the Civic Center.



A Resolution (508-04) - Authorizing the purchase of a leased tractor from

Melson Tractor Company in the amount of $14,929.60. Per annual contract, Bid

No.01-0045, the City currently leases one tractor, a Kubota M6800, at a cost of

$650 per month or $5,850 for nine (9) months. The tractor will be used for

cutting of the City?s Right-of-Ways as well as other work performed by the

division. Grass is cut year round and it is much more economical to purchase

the tractor than it is to lease. This tractor will last a minimum of 10 years

and possibly more. The City used to lease ten (10) tractors and is currently

leasing one tractor. The tractor will be paid for in 3.4 years with little

cost in repair and maintenance anticipated, through experience, for the life of

the tractor.



A Resolution (509-04) - Authorizing the contract for employee physicals

from Occupational Medicine. The contractor will provide pre-employment

physicals, periodic employee physicals, and drug/alcohol testing and related

employee health services. The services are needed to insure that applicants

and employees are physically qualified to perform the required tasks of the

position assigned. No minimum number of applicants or employees is guaranteed;

therefore services will be required on an ?as needed basis?.



A Resolution (510-04) - Authorizing reimbursement to Verizon Wireless in

the amount of $11,562.14 for E-911 recurring charges for April, May and June

2004, and approve reimbursements for future recurring charges.



A Resolution (511-04) - Authorizing payment to Geotechnical and

Environmental Consultants in the amount of $12,268.50 for geotechnical services

related to an addendum to the corrective action plan (CAP) for the fuel tanks

at the fleet shop. EPD mandated the execution of an addendum to the original

CAP to acquire additional data about the gasoline release and the subsurface

media (soil/groundwater). This information was used to evaluate the release in

the subsurface, particularly with regards to its impact to any down gradient

receptors (wells, surface water bodies, etc.)



A Resolution (512-04) - Authorizing the execution of a contract with

Bailey-Harris Construction Company to construct an animal shelter and PAWS

offices. The project will consist of improvements to an approximately 11.8

acre site, which is adjacent to Cooper Creek Park, and construction of an

approximately 37,000 SF building. The facility will be devoted to animal care

and control, which will be operated by the City of Columbus, with expanded pet

adoption areas, a spay/neuter clinic, community education and resource area,

animal training and walking trails that will be operated by PAWS Columbus, Inc.



A Resolution (513-04) - Authorizing the purchase of one (1) 7-Passenger

Van from Jay Auto Group in the amount of $17,552.75; and one (1) 15-Passenger

Van from Mike Patton Ford in the amount of $17,548.00. The 7-passenger van will

be used by the Sheriff?s Department to transport officers to and from various

activities and training events both in and out of Muscogee County. The 15-passenger van will be used by the Motor Transport Division of the

Sheriff?s Department as the Juvenile Court van. It will be used to transport

inmates. Both vans are replacement vehicles



A Resolution (514-04) - Authorizing payment for the emergency purchase of a

pursuit sedan from Bill Heard Chevrolet in the amount of $16,691.00. The

pursuit sedan is a replacement for a Fire/EMS vehicle that was totaled in an

accident. The City employee was not at fault in the accident, therefore, it is

expected the City will receive approximately $14,900 from the insurance

settlement. The last pursuit sedans were purchased from Bill Heard Chevrolet

in March of 2004 (per Bid No. 04-0040; Sedans, Police Pursuit, Four Door). The

City Manager has approved this purchase as an emergency procurement, per the

Procurement Ordinance, Article 3-115.



A Resolution (515-04) - Authorizing the purchase of one (1) hydraulic

excavator from Tractor & Equipment Company in the amount of $249,500.00. The

excavator is a replacement unit and will be used by the Street Improvement

Division of the Public Services Department to grade slopes, clean ditches,

creeks, detention ponds and cut down shoulders on roadways throughout the

City.



A Resolution (516-04) - Authorizing the declaration of 171 sets of turnout

gear as surplus, in accordance with Section 7-501 of the Charter of Columbus

Consolidated Government. The Columbus Fire and Emergency Medical Services will

soon take delivery of 171 sets of newly purchased turnout gear. The surplus

turnout gear is worn out, unserviceable and in some cases unsafe for use. Due

to Homeland Security policies, the City cannot auction the turnout gear that is

being replaced. Therefore, the equipment will be donated to two volunteer

fire departments requesting the surplus turnout gear: Friendship Fire

Department and Whigham Fire Department.



***

*** ***



EPA:



City Manager Cavezza said we talked on last week about EPA?s discussion

and the possibility of us being placed in non-attainment and the Council asked

us to get in contact with the Congressional Delegation and said we have done

that. He said they have all agreed to work with EPA to address that issue and

have received the Mayor?s letter. He said Congressman Bishop has taken the lead

on that and is contacting the other delegation and they are all supporting us

on that.



***

*** ***



PAWNSHOP OWNERS;



City Manager Cavezza said there was a meeting on last night with the

pawnshop owners, but he hasn?t received any feedback on that yet, but hopefully

we have worked through that. He said we would be back to the Council in January

on this issue.



***

*** ***



UPCOMING EVENTS:



City Manager Cavezza highlighted the following upcoming events as outlined

below:



PEARL HARBOR DAY;



? Tuesday, December 7th, 8:00 a.m., at the Harry Jackson Veterans Center.



***

*** ***



EXECUTIVE SESSION:



City Manager Cavezza requested an executive session to discuss a real

estate issue.



***

*** ***



EQUIPMENT FOR PAWNSHOP DEALERS:



City Manager Cavezza responded to questions of Councilor Suber regarding

the purchase of the equipment for the pawnshop dealers. He said if it is less

than $10,000 we do telephone bids. He said the process was followed and said if

it were more than $10,000 the Council would have been involved in that process.



Councilor Suber said he was talking to one of the owners on last week and

he said that Lt. Slouchick told him that the money came out of the drug fund

and said if that is the case, why can?t we use the same money or additional

monies from that drug fund to pay for the additional administrative fee.

(Referral)



City Manager Cavezza said he would provide that answer at a later date.

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

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



PUBLIC HEARING- WHITTLESEY ROAD:



Councilor Davis reminded the citizens of a public hearing that will be

held regarding the widening of Whittlesey Road.



City Manager Cavezza said he will get the date and time of the public

hearing.

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

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

CLERK OF COUNCIL?S AGENDA:



THE FOLLOWING ITEM WAS SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR AND COUNCIL:____________



(1) Columbus Convention & Visitors Bureau financial statements for the years

ending June 30, 2003 & 2004.



(2) Certificate of Need application for fixed-based MRI at The Medical Center

in Columbus, Georgia.



*** ***

***



THE FOLLOWING APPLICATON FOR A TAXICAB OWNERS BUSINESS LICENSE WAS

SUBMITTED BY CLERK OF COUNCIL WASHINGTON AND APPROVED BY THE COUNCIL:

_______________________________________________________________



Application for Taxicab Owner?s Business License for Mr. Robert A.

Bullock, d/b/a City Cab Company, located at .



Councilor Allen moved approval of the application. Seconded by Councilor

Woodson and carried unanimously by those eight members of Council present for

this meeting.



***

*** ***



THE FOLLOWING THREE RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CLERK OF

COUNCIL WASHINGTON AND ADOPTED BY THE COUNCIL PURSUANT TO THE ADOPTION OF A

SINGLE MOTION MADE BY COUNCILOR ALLEN AND SECONDED BY COUNCILOR WOODSON, WHICH

CARRIED

UNANIMOUSLY BY THOSE EIGHT MEMBERS OF COUNCIL PRESENT FOR THIS MEETING:



_



A Resolution (517-04) - Excusing Councilor Davis from the November 23,

2004 Council meeting.



A Resolution (518-04) - Excusing Councilor Evelyn Turner Pugh from the

November 30, 2004 Council Meeting.



A Resolution (519-04) - Excusing Councilor Julius Hunter, Jr. from the

November 30, 2004 Council Meeting.



***

*** ***



THE FOLLOWING RESOLUTION WAS ALSO SUBMITTED BY CLERK OF COUNCIL WASHINGTON

AND DELAYED BY THE COUNCIL:___ ________________



A Resolution - Approving a Special Exception Use to operate a boarding

house at 5304 Hurst Drive.



***

*** ***



MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND OFFICIALLY RECEIVED BY THE COUNCIL:



Convention & Visitors Board of Commission, October 15, 2004.

Housing Authority, October 20, 2004.

Planning Advisory Commission, May 19, 2004.

Planning Advisory Commission, June 16, 2004.

Planning Advisory Commission, July 21, 2004.



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

Councilor Woodson and carried unanimously by those eight members of Council

present for this meeting.



***

*** ***



CIVIC CENTER ADVISORY BOARD:



Clerk of Council Washington pointed out that Mayor Pro Tem Rodgers is

working on a nominee for someone to succeed Mr. Terry Hattaway, who has

resigned his seat on the Civic Center Advisory Board.



***

*** ***



HOSPITAL AUTHORITY OF COLUMBUS:



Clerk of Council Washington pointed out that the terms of office of Ms.

Lavern Jackson and Ms. Nancy Rinn on the Hospital Authority will expire on

November 11, 2004. She stated that Ms. Jackson is not eligible to succeed

herself, but Ms. Rinn is. Councilor Allen then nominated Ms. Rinn for another

tern of office.



Clerk of Council Washington further pointed out that we need three nominees

for each of these positions from which the Authority will select the

individuals to succeed them.



*** *** ***



LAND BANK AUTHORITY:



Clerk of Council Washington pointed out that Mayor Poydasheff is

nominating Mr. Rob Doll to fill the unexpired term of Mr. Robert Turner on the

Land Bank Authority and advises that he may now be confirmed.



Councilor Allen so moved. Seconded by Councilor Woodson and carried

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



***

*** ***



RECREATION ADVISORY BOARD:



Clerk of Council Washington pointed out that we need a nominee for Council

District 3 to succeed Mr. Robert Loving who has resigned as well as a nominee

for Council District 4, Mrs. Debra Aldridge?s seat, who is deceased. She said

Councilor Hunters and Turner Pugh are working on these nominees for these two

seats.



***

*** ***



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

Poydasheff then asked if there was anyone who was not listed on the Public

Agenda, but had an issue to bring before the Council, they could be heard at

this time. There was no one who indicated that they wanted to be heard.



***

*** ***



EXECUTIVE SESSION:



Regarding the earlier request of City Manager Cavezza for an executive

session, Councilor Allen made a motion to allow the Council to go into an

executive session. Seconded by Councilor Suber and carried unanimously by those

eight members of Council present for this meeting.



***

*** ***



PUBLIC HEARING:



City Manager Cavezza said the road project from Bradley Park to Whittlesey

Road, the public hearing will be held on tonight from 4:00 ? 7:00 p.m., at

Northside Chapel.



***

*** ***





At 11:25 a.m., the regular meeting was adjourned to allow the Council to

go into an executive session to discuss a personnel matter.



At 11:42 a.m., the meeting was called back to order, at which time Mayor

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

a real estate matter, but there were not votes taken.



***

*** ***



With there being nor further business, Councilor Allen then made a motion

for adjournment. Seconded by Councilor Suber and carried unanimously by those

eight members of Council present, with the time being 11:43 a.m.



***

*** ***







Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia