Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

MARCH 5,

2002



The regular monthly night meeting of the Council of Columbus, Georgia was

called to order at 5:30 P.M., Tuesday, March 5, 2002, on the Plaza Level of the

Government Center, Columbus, Georgia. Honorable Bobby G. Peters, Mayor, and

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





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

Councilors R. Gary Allen, Berry Henderson, Julius H. Hunter, Jr., Robert

Poydasheff, Evelyn Turner Pugh, Richard Smith, Nathan Suber and Evelyn Woodson.

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

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





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ABSENT: Mayor Pro Tem John J. Rodgers was absent.





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INVOCATION: Offered by Bishop Larry Gilyard, Sr., Pastor ? Christian Fellowship

Church, Inc.

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PLEDGE OF ALLEGIANCE: Led by Mayor Peters.

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MINUTES: Minutes of the February 26, 2002 meeting of the Council of the

Consolidated Government of Columbus, Georgia was submitted and approved

unanimously upon the adoption of a motion made by Councilor Poydasheff and

seconded by Councilor Turner Pugh.

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DONATION OF PROPERTY TO THE CITY:



Councilor Smith said before he retired from the Cooperative Extension

Service, he had a young man name Scott Ammerman, who said that he had some land

that he wanted to give to the City. He said Scott and Todd Ammerman own River

City Construction Company, and said the property is directly adjacent to Flat

Rock Park, and said there was information in the Council?s Agenda packet,

outlining that the fair market value of this piece of property was

approximately $50,000.00. He then called Mr. Scott Ammerman to come forward, as

he would like to personally thank them for donating this property to the City.



He said because of the location of this property, it has a lot of

opportunities and options to use, and he think this is a good example of

developers in this community taking a good strong approach toward development,

not only with the actual construction, but also preserving our natural forest.



Mr. Scott Ammerman said he wanted to offer this piece of property to the

City when he and Todd acquired it, as a part of their development for the

remainder of Gateway Business Park. He said they looked at it and it just

didn?t fit into their plans and visions they had for the remainder of the

Business Park.



He said when they were walking the property and clearing the land, and

working on the property, they walked down this section of the property and

decided to preserve the trees. He said they didn?t have a vision of what that

property was going to look like for the future and while walking around during

the development process over the last six months, he kept walking by the stream

that was on the property and looking up at the trestle, and was wondering how

they would get off the trestle to get into Flat Rock Park, and felt that this

piece of property would allow that to happen.



Mr. Ammerman said they hope the City use it for the Rails to Trail

Program, if it ever does comes to fruition, but if it doesn?t, they hope the

land might be a start for your Greenspace support. He said there is another

parcel that is adjacent to his that he would encourage the City to acquire from

that owner. He said he had expressed an interest at one time of donating that

to the City. He said that could become an access point off of Gateway Road into

the backside of Flat Rock Park, through a nature park.



THE FOLLOWING RESOLUTION, AS LISTED ON THE CITY MANAGER?S AGENDA WAS THEN

ADOPTED BY THE

COUNCIL:





A Resolution (85-02) - Authorizing the acceptance of 2.433 +/- acres of

property adjacent to Flat Rock Park to be used in the best interest of the City

of Columbus, Muscogee County, Georgia, identified as Tax Map Parcel

110-002-010A. Councilor Poydasheff moved its adoption. Seconded by Councilor

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

this meeting.

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PROCLAMATIONS:



?GIRL SCOUT WEEK?:



With Ms. Cordell, Troop Leader of Girl Scout Troop 104, and several

members of Troop 104, standing at the Council table, Councilor Hunter read

Mayor Peters? proclamation, proclaiming March 10 - 16, 2002, as ?Girl Scout

Week?, in Columbus, Georgia.





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EXECUTIVE DIRECTOR OF THE HOUSING AUTHORITY:



Mayor Peters said we have the new Executive Director of the Columbus

Housing Authority present with us tonight and then asked him to come forward to

be introduced to the Council. He said this is a very important job that affects

the lives of a lot of people in Columbus.



Mr. Len Williams said he is looking forward to working with the Council

and said that he is very impressed with the community. He said it is a very

friendly community and there is a lot of cooperation in the community, and said

he thinks there are a lot of things that we can do together, to improve the

lives of our residents.

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PROCLAMATIONS CONTINUED:



?AMERICAN RED CROSS MONTH?:



With Ms. Kelly Wagner, Marketing Director and several of the volunteers

and board members of the American Red Cross, standing at the Council table,

Councilor Henderson read Mayor Peters? proclamation, proclaiming the month of

March, as American Red Cross Month, in Columbus, Georgia.

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CITY ATTORNEY?S AGENDA:



WITH MR. JOE B. WALLER STANDING AT THE COUNCIL TABLE, THE FOLLOWING

RESOLUTION WAS READ IN ITS ENTIRETY BY COUNCILOR SMITH AND ADOPTED BY THE

COUNCIL:





A Resolution (86-02) - Expressing appreciation to Mr. Joe B. Waller upon

his retirement with the Columbus Police Department after 20 years of service.

Councilor Smith moved its adoption. Seconded by Councilor Poydasheff and

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

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



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?WOMEN?S HISTORY MONTH?:



With Ms. Camilla Humber, Chairperson of the Women?s History Month, along

with several members of the Mayor?s Commission on Diversity standing at the

Council table, Councilor Woodson read Mayor Peters? proclamation, proclaiming

the month of March 2002, as ?Women?s History Month?, in Columbus, Georgia.





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CLOSING OF BUSINESSES:



Mayor Peters said we are saddened by the recent closing of Pillowtex,

which is a major impact on the employment community in Phenix City and

Columbus; and said we want to tell the employees that we would hope that they

get in touch with our Personnel Division, and said we will do whatever we can

to assist in a time like this.



He said we want to thank all of our mills around Columbus that really made

Columbus what it is today, and all the sacrifices made many years ago.





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CLOSING OF PHENIX REGIONAL HOSPITAL:



Councilor Turner Pugh said there is some concern about patient care and

where the people will be going to hospitals, and whether or not there will be

any kind of impact on our Indigent Care Program; therefore, she would like for

the administration to check with Columbus Regional Hospital and determine

whether or not there will be any kind of impact on the funds that we have to

pay (3 mills) every year, which is approximately $10 million.



Mayor Peters said he believes that you have to be a resident of Muscogee

County, but said the question is still going to be, where will they be treated,

if they don?t qualify for that plan.



City Manager Cavezza said our funds are designated for Muscogee County,

but said he will research that and get together with Columbus Regional.

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ZONING PUBLIC HEARINGS:



THE FOLLOWING TWO ZONING ORDINANCES WERE SUBMITTED AND THEIR CAPTIONS READ

BY CITY ATTORNEY FAY AND THE PUBLIC HEARING WAS DELAYED FOR TWO WEEKS AT THE

REQUEST OF COUNCILOR ALLEN:



An Ordinance - Rezoning approximately 22 acres of property located at 8091

Midland Road from an A-1 District to an R-1 District. (1-D-02-Erickson)



An Ordinance - Rezoning approximately 32 acres of property located at 8127

Midland Road from an A-1 District to an R-1 District. (2-D-02-Erickson)



Councilor Allen said they have spoken with the petitioner and are still in

a situation of trying to compromise and work this out matter; therefore, he

would like to ask the Council to support him in asking for a two-week delay on

these two ordinances. Seconded by Councilor Poydasheff and carried unanimously

by those nine members of Council present for this meeting.



Mayor Peters then asked if there was anyone who wanted to be heard on this

matter, but there was no one who indicated that they wanted to be heard.

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CITY ATTORNEY?S AGENDA:



THE FOLLOWING RESOLUTION WAS SUBMITTED AND ITS CAPTION READ BY CITY

ATTORNEY FAY AND ADOPTED BY THE COUNCIL ON SECOND

READING:

An Ordinance (02-23) - Rezoning approximately 0.25 acres of property

located at 2307 Hamilton Road from an R-4 District to a C-3 District.

(4-CA-02-Signature Construction Company) Councilor Poydasheff moved its

adoption. Seconded by Councilor Suber and carried unanimously by a vote of

eight to one, with Councilor Turner Pugh voting no and all other eight members

of Council present for this meeting voting yes.





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THE FOLLOWING FOUR RESOLUTIONS WERE SUBMITTED AND THEIR CAPTIONS READ BY

CITY ATTORNEY FAY AND THEN ADOPTED BY THE COUNCIL UPON THE ADOPTION OF A SINGLE

MOTION MADE BY COUNCILOR ALLEN AND SECONDED BY COUNCILOR POYDASHEFF, WHICH

CARRIED UNANIMOUSLY BY THOSE NINE MEMBERS OF COUNCIL PRESENT FOR THIS

MEETING:



A Resolution (87-02) - Expressing appreciation for meritorious civic

service of Mary Ford who has served on the Historic & Architectural Review

Board.



A Resolution (88-02) - Expressing appreciation for meritorious civic

service of Charlotte Frazier who has served on the Historic & Architectural

Review Board.



A Resolution (89-02) - Expressing appreciation for meritorious civic

service of Reverend Joseph Roberson who has served on the Historic &

Architectural Review Board.



A Resolution (90-02) - Expressing appreciation to Mrs. Dorothy F. Wire

upon her retirement with the Columbus Public Services Department after more

than 22 years of service.





EXECUTIVE SESSION:



City Attorney Fay requested a brief executive session to discuss a matter

of litigation after the adjournment of tonight?s Council meeting.





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SOA LEGAL FEES CASE:



Mayor Peters pointed out that City Attorney Fay has advised that the

petition for the protest has gone back to Court and requested legal fees.



City Attorney Fay said that Judge Faircloth has denied that request that

was made by the defendants in that case and they have moved for

reconsideration, and he has again denied that request.

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PUBLIC AGENDA:



MR. PAUL OLSON, RE: L.O.S.T. (LOCAL OPTION SALES TAX) TREE ORDINANCE AND

ENVIRONMENTAL

COURT:





Mr. Paul Olson said back about three years ago, when we were confronted

with the 1999 S.P.L.O.S.T., at that time, he said within a few years, we may be

looking at a recession and said that has come to fruition. He said the Mayor

recently has talked about the L.O.S.T. (Local Option Sales Tax), and said this

money, one percent is comprised of about $30 million.



He said right now there is a 7% sales tax, of which 4% goes to the State,

1% for the School SPLOST, which will end December 31, 2002 and 1% of the City?s

SPLOST that will be ongoing for the next ten years, and said we have one in

place since 1978. He said looking at the mills of property tax that the City

gets is 16.38 mills and with that one L.O.S.T. that will bring about $30

million a year, which is equivalent to 10 mills. He said collectively that is

about 26.38 mills that we are looking at that the City has, whereas the School

Board has 23.37 mills and said the Mayor has recently proposed the idea of a

one percent L.O.S.T. going to the City and said he thinks he has a better idea.



Mr. Olson said what should be placed on the Legislative Agenda, and he is

asking the Mayor and Council to send this up to the Legislators. He said it is

a problem that is statewide. He said the State is having to cut back, because

there is not enough revenue; so therefore, the brunt of this will fall on the

shoulders of the people in the different counties. He said it is not only the

City government, but the School Board has problems as well. He said we are also

looking at $1.5 million for operating cost for the Library. He said they have

not put in the equation, as far as money going for computers and more Library

books.



He said he would ask this Council to take this up to the Legislators,

whereby of that 1% half of it goes to the School Board and the other half goes

to City; therefore, of that $30 million, $15 million would go to the School

Board and $15 million goes to the City. He said this is not just our County

that needs this, but it is an overall problem for the State of Georgia, so

therefore, he thinks that not only would our Legislators embrace this, but all

the Legislators throughout the State of Georgia would, especially with the

shortfall of revenues at the State level.



Mr. Olson then responded to questions of several members of the Council.



Mayor Peters said he thinks it is a good suggestion and he appreciates

the discussions on it. He said it is an issue that the Council has addressed

many years in trying to get a one percent local option tax for operations. He

said since the School District?s one cent is coming off this year, he thinks

the timing is good for it. He said he did talk with the School Board members

and they feel like there may be a need for that legislation to leave it on the

books like it is. He said they may need it in the future, if they ever want to

do any more building projects.



He said he would hope that Mr. Olson would go to the School Board on this

issue, and said it is his understanding that this is a constitutional

amendment, which is different than local legislation to allow for the

S.P.L.O.S.T. He said they would have to have statewide legislation.



Councilor Henderson said he thinks that everyone here agrees it is a good

idea and he wishes that we could get it worked out, but one thing he would like

to make note of, is that he doesn?t want everyone to think that the City has

over 16 mills for operations. He said he wants everyone to understand that we

have 3 mills going to Columbus Regional, as well as the sewer and paving funds,

and we get less than 9 mills for operations.



Mr. Olson said as a person in the past who has been against this, he

thinks that this is the only way for the City of Columbus to go forward and he

is proposing this in that respect.



Councilor Poydasheff said he would recommend to Mr. Olson that after he

talks with the School Board that perhaps, he and other citizens might want to

contact the State Legislators, because all we are asking, is the ability for

the citizens to vote on this issue.



Mr. Olson also spoke to the subject of the Tree Ordinance, as well as the

Environmental Court that has been a subject before the Council recently.

He expressed his views as it relates to these two subjects.



As it relates to the Environmental Court, Mayor Peters said that Councilor

Hunter has been very much involved in the Environmental Court and said he may

want to comment on that, but said the only thing that the Council did was to

ask the Legislative Delegation to look at the legalities in Atlanta. He said

right now, local jurisdiction doesn?t have the authority to call for a

referendum on that issue, because that has not been created into the statute,

and that is what they have asked them to look at. He said the Environmental

Court would deal mostly with laws that are already on the books, but would

transfer that jurisdiction. He said rather than tying up Recorder?s Court with

those type cases, there would be a separate court for them.



Councilor Hunter said the Environmental Ordinance would not create new

ordinances or new violations, but said it would basically take all the

violations that are environmentally related and have them heard at one time,

rather than having them heard piecemeal throughout the month. He said there is

a committee working on this issue and they will be reporting back to the

Council shortly. He said the hope is that when they report back to the Council,

it may not cost the City anything, if they can work it the way they hope to. He

said what they may be able to do is those cases that are heard piecemeal now,

that we can just schedule a special docket with them, once or twice a month and

let them be heard then. He said the officers who make those cases, you won?t

have them sitting around in court during a regular Recorder?s Court session,

waiting for their cases to be called.



After more than ten minutes of discussion on this issue, with Councilor

Hunter responding to further questions and concerns of Mr. Olson, this matter

was concluded.

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Mr. Bill Harrington rose from the audience and requested to be heard by

the Council. However, Mayor Peters said he would have to be recognized by a

member of the Council and they would have to take a vote to allow him to be

heard, unless he can wait until the end of the meeting, then we would allow

anyone to be heard that is not listed on the Public Agenda. Councilor

Poydasheff then made a motion to allow Mr. Harrington to be heard. Seconded by

Councilor Allen and carried unanimously by those nine members of Council

present for this meeting.



Mr. Bill Harrington said he wouldn?t want this meeting to close without

the Council making an official recognition expressing the sympathy and

appreciation for the work that Mr. Lennie Davis did for this City over the

years. He said Mr. Davis passed this week. He said he had the pleasure of

working with him on Industrial Development Commissions and said it was his

honor and pleasure to do that.



Councilor Poydasheff said he has already asked the City Attorney o prepare

a resolution expressing the Council?s sympathy in the passing of former City

Attorney Lennie Davis.

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CITY MANAGER?S AGENDA:



THE FOLLOWING SIX 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 POYDASHEFF AND SECONDED BY COUNCILOR ALLEN, WHICH CARRIED

UNANIMOUSLY BY THOSE NINE MEMBERS OF COUNCIL PRESENT FOR THIS

MEETING:





A Resolution (91-02) - Authorizing the acquisition of properties at Amber

Drive/Georgetown Drive; Whitesville Road/Veterans Parkway (right-turn

lane-north); River Road/54th Street (right-turn lane-north); Blackmon Road

(turn-lane at school); conjunction with the 1999 SPLOST Road Projects.



A Resolution (92-02) - Authorizing the Columbus Consolidated

Government to participate in the Georgia Greenspace Wildlife Recreational Grant

Program administered through the Georgia Department of Natural Resources

Wildlife Division.



A Resolution (93-02) - Authorizing the City Manager to apply and accept a

grant for the Columbus Consolidated Government from the Georgia Department of

Natural Resources, Environmental Protection Division Scrap Tire Management

Programs Local Government Enforcement and Education Grant.



A Resolution (94-02) - Authorizing the transfer of 24.5 acres +/- of

property in Muscogee Technology Park to the Department of Juvenile Justice for

the development of a Youth Development Campus in Columbus, Muscogee County,

Georgia.



A Resolution (95-02) - Authorizing the City Manager to file an application

with the Corporation for National and Community Service to continue the Retired

and Senior Volunteer Program (RSVP)

A Resolution (96-02) - Authorizing the City to accept grant funds in the

amount of $456,351 to participate in the Office of School Readiness USDA Summer

Lunch Program and to provide for the City to accept the Muscogee County School

District Nutrition Program and to act as vendor of the program.



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DEMOLITION OF COLUMBUS SQUARE MALL:



City Manager Cavezza said the demolition of the Columbus Square Mall will

be this Thursday, March 7, 2002. He said this is short notice; however, the

contractors have told us they are going to start knocking down the mall. He

said we want to tie that into a ceremony, so in conjunction with the Library

Committee, the City and the School Board, they will have a ceremony at 10:00

a.m. Thursday morning, behind the old J. C. Penney?s building.



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THE FOLLOWING TEN PURCHASING RESOLUTIONS, WITH DETAILED

INFORMATION HAVING BEEN INCLUDED WITH THE CITY MANAGER?S AGENDA PACKET, WERE

SUBMITTED AND EXPLAINED BY CITY MANAGER CAVEZZA AND ADOPTED BY THE COUNCIL UPON

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

COUNCILOR ALLEN, WHICH CARRIED UNANIMOUSLY BY THOSE NINE MEMBERS OF COUNCIL

PRESENT FOR THIS MEETING:







A Resolution (97-02) - Authorizing payment to the Hughston Clinic for

workers? compensation claims in the amount of $20,941.50.



A Resolution (98-02) - Authorizing payment to Grant Environmental

Contractors, Inc., for irrigation services in the amount of $22,897.00.



A Resolution (99-02) - Authorizing the purchase of two ? ton pick-up

trucks via the Georgia State Contract, SWC S-000483, NIGP Code 0709800-016,

from Southlake Ford, in the amount of $37,010.00.



A Resolution (100-02) - Authorizing the purchase of a municipal street

sweeper from Stith Tractor & Equipment Company, in the amount of $114,420.00.



A Resolution (101-02) - Authorizing the procurement of temporary

employment services on an as needed basis, from Staffing Solutions for the

estimated annual contract value of $15,000.00 and rescind Resolution Number

544-00, which awarded the contract to Integra.



A Resolution (102-02) - Authorizing the purchase of sixty-six (66) mobile

data computers with AVL packages from the Motorola Corporation, in the amount

of $569,228.88.



A Resolution (103-02) - Authorizing payment to Georgia Power Company

for lighting services, in the amount of $29,387.50.



A Resolution (104-02) - Authorizing the purchase of two (2) four-wheel

drive articulating riding mowers from Shamrock Lawn and Garden, in the amount

of $25,000.00.



A Resolution (105-02) - Authorizing the purchase of administrative

mid-size sedans via the Georgia Statewide Contract #S-000483; six vehicles

(Mailbus/$14,805.00 each) will be purchased from Bill Heard Chevrolet

(Columbus, GA), in the amount of $88,830.00, and nine vehicles

(Intrepids/$16,110.97 each) will be purchased from Mike Patton C-P-D-J

(Lagrange, GA), in the amount of $144,998.73.



A Resolution (106-02) - Authorizing the purchase of two (2) floor

coverings with accessories from Athletic Specialties, in the amount of

$16,718.00.



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RAILROAD CLOSINGS:



City Manager Cavezza said the railroad crossing on Schatulga Road is going

to be replaced with the new type of crossing and said that will occur between

March 11 and 13. He said it will be closed at 7:00 a.m. on March 11th, and will

reopen by the afternoon of Wednesday, March 13th.



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COMPUTERS FOR PUBLIC SAFETY VEHICLES:



Mayor Peters thanked City Manager Cavezza for all the work for the

purchase of the Police packages and computers for the Public Safety vehicles

that is on the agenda tonight.



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COLUMBUS SQUARE MALL:



Mayor Peters said that several people have asked us, why are we going to

tear the mall down instead of just renovating it. He said all the experts and

engineers have told us that it is cheaper to just tear it down and rebuild a

new facility rather than try to renovate that old mall.



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ADDITIONAL RAILROAD CLOSINGS:



City Manager Cavezza said the railroad crossing on Woodruff Farm Road will

also be closed to replace those crossings. He said that closing will be

Wednesday, March 13 ? 14.

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CLERK OF COUNCIL?S AGENDA:



THE FOLLOWING ITEMS WERE SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR AND

COUNCIL:



(1) Memorandum from Clerk of Council Washington, Re: C.I.R.C.L.E.



(2) Memorandum from Clerk of Council Washington, Re: Community

Development Advisory Council.



(3) Memorandum from Clerk of Council Washington, Re: Hospital

Authority of Columbus.



(4) Memorandum from Clerk of Council Washington, Re: Planning Advisory

Commission.



(5) Report from the 2001 ? 2002 Charter Review Commission

as submitted by

Chairman Ray Crowley and Vice-Chairman Judge Albert

Thompson.



(6) Notice from the United States of America Federal Energy Regulatory

Commission of an application to amend license for the Eagle & Phenix Mills

Project to reduce the project?s authorized capacity from 28.66 MW to existing

capacity of 4.26 MW, and adjust the projects annual charges accordingly.



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THE FOLLOWING TEMPORARY STREET CLOSING APPLICATION, WHICH WAS DELAYED AT

THE FEBRUARY 19TH COUNCIL MEETING WAS AGAIN SUBMITTED AND EXPLAINED BY CLERK OF

COUNCIL WASHINGTON AND APPROVED BY THE COUNCIL AFTER MORE THAN ONE HOUR OF

DISCUSSION:





Application of Uptown Columbus, Inc. to temporarily close the 1000 block

of Broadway, on March 16, 2002, from 5:00 p.m. to 12:00 midnight in connection

with the ?Saint Patrick?s Day Function?.



Councilor Smith moved its approval.



Councilor Woodson said she requested this matter to be delayed, because at

the time we were going to approve it, it was brought to her attention that some

of the business owners were not communicated with and were not aware of the

event. She said during the past week she has talked with Uptown Columbus and

some of the businesses, trying to rectify this problem and the sense of

communication and what?s going on. She said she also spoke with City Manager

Cavezza in reference to this issue of concern for St. Patrick?s Day.



She said apparently there is a problem of communication between some of

the businesses and Uptown Columbus, which she hopes will be resolved in the

future. She said a request was made and a proposal has been distributed to the

Council, in reference to the concerns of the businesses in Uptown. (A copy was

not filed with the Clerk of Council, for the Council?s records.)



Councilor Woodson said a request has been made that the street closing be

a little later than originally requested. She said she had spoken to

Mr. Bernie Quick and said he stated that the reason they couldn?t close it too

much earlier was because the band starts playing at 7:00 p.m., and they needed

time to set up for the band.



She said the other request that she spoke with Mr. Quick about was that

the beer sales not be placed in front of the businesses that already sells

beer, but let it be to the side or another area. She said he indicated that he

had no problem with either of those requests.



She said there was another issue brought up, as it relates to the bands

being able to be purchased so that the individuals can go from one club to

another without paying the admission fee of each club. She said they did not go

into further discussion on that matter.



Councilor Woodson said she will support the closure of this event, but she

would hope that we go back to the table and deal with some of the other

concerns that the other merchants had.



She said her understanding of Uptown Columbus is totally different from

all of the questions and answers that she has been getting, but she hopes to

rectify that in the future.



City Manager Cavezza then asked Councilor Woodson if she was proposing

that we address the proposals or approve the application as is and then work

through the alternatives. Councilor Woodson said she wants us to go ahead and

discuss this matter here at the Council table. She said Mr. Quick has said that

he would change the time, but it is not changed in the application, which is

still 5:00 p.m. - 12:00 midnight.



City Manager Cavezza said it is his understanding that changing the time

to 6:00 p.m., and moving the location of the beer sales away the businesses

have been agreed to.



Mr. Bernie Quick of Uptown Columbus then appeared and addressed several

concerns of Councilor Woodson.



Councilor Woodson said when Uptown Columbus closes a street for a block

party, they can have open containers on the streets only in that area where it

is blocked, and then asked if a person is in one of the businesses, and they

have a drink and come out to the street, are they violating the law?



City Attorney Fay said he doesn?t think so, as the City Manager has the

authority to permit it on city right-of-ways during special events like this.

He said as long as they are in the confined restricted area. City Manager

Cavezza said as long as they are selling on the streets, they are allowed to do

that.



Several minutes of discussion continued on this street closing with

Councilor Woodson expressing her further views, as well as several other

members of the Council expressing their views, and Mr. Bernie Quick responding

to those concerns.



City Manager Cavezza also responded to several questions of Mayor Peters

and members of the Council.

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NOTE: Councilor Turner Pugh left at this point in the proceedings, with

the time being 6:55 p.m.



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Councilor Poydasheff seconded Councilor Smith?s earlier motion to approve

the street closing application of Uptown Columbus. He said he would like to

urge City Manager Cavezza to facilitate a meeting with Uptown Columbus and the

business owners and let?s try to iron out the differences, as well as include

Councilor Woodson in any meetings that might be held.



He said he thinks there needs to be one focal point, as a matter of good

efficiency and good common sense and he thinks it should be Uptown Columbus,

but said he thinks there are some valid concerns; however, now, would be

inappropriate because the time is near for the event to be held.



Councilor Henderson said he doesn?t think it is the City Manager?s job to

mediate this particular situation, but he thinks it goes back to Uptown

Columbus. He said he would like for Uptown Columbus to notify the Council of

when those meetings will be held, so that those who are so inclined, may sit

in, because we are getting a lot of conflicting information.



He said he would make a motion that we hear from Mr. Buddy Nelms since he

supplied us with this information, he thinks we need to hear from him. Seconded

by Councilor Woodson and carried unanimously by those eight members of Council

present at the time, with Councilor Turner Pugh having already left the

meeting.



Councilor McDaniel said he would like to vote on this issue in two

different phases, one for closing the street, and one for selling beer on the

streets. He said he will vote for the street closure, but he will not vote for

the beer sells; unless, they allow everyone else to participate. However, Mayor

Peters said you don?t vote on whether or not they can sell beer, but just the

street closure. He said the City Manager, upon request of Uptown Columbus,

grants the right to allow them to sell beer.



City Manager Cavezza said they get approval to sell alcohol, but how they

do it goes back to the organization.



Councilor Smith said his motion was to approve the application as

presented with the modified times of 6:00 p.m. - 3:00 a.m.



Mr. Quick said once the City Manager approves an organization to do an

event, they get a State liquor license. He said the State approves the license

and they get liability insurance and have to pay for the license, which allows

them to do the event.



Mr. Buddy Nelms, business owner of Uptown Columbus appeared before the

Council and expressed several concerns of the business owners in Uptown

Columbus. He said the special events license that Uptown Columbus has applied

for excludes anybody from selling alcohol on that block or inside the special

event area. He said there is no retail merchant in the 1000 block that sits on

the board of Uptown, that is being affected by this closing. He said they don?t

have any voice on the board, and they had to find out about this on the Council

Agenda.



Mr. Nelms said the majority of the people were never told that Uptown

Columbus would have competing exclusive rights to alcohol sells from their

neighboring small businesses. He said these people were not aware and did not

have the big picture of what was going on. He said they were told that

everybody was in support of it, when the truth was that everyone was not in

support of it, and everyone was not even contacted.



He then outlined those concerns that they had expressed, which includes

where the stage placement would be, who will be performing and what times and

how does it conflict with their event that they have already promoted and put

together to put on. He said they have two events going on at the same time,

because they would have their St. Patrick?s Day party also. He said they want

special events, but they want to be aware of them, and know their happenings

and how will they affect their businesses.



Mr. Nelms said for the last three years, they have asked and confirmed and

wanted to know real numbers and what came in from the events and what happened

to the money. He said they have requested this from the City Manager and Murray

Solomon for three years, and have yet to receive any numbers. City Manager

Cavezza then asked the Council to allow Mr. Murray Solomon to comment on what

information has or has not been provided to Mr. Nelms. Councilor Suber so

moved. Seconded by Councilor Poydasheff and carried unanimously by those seven

members of Council present at the time, with Councilor McDaniel being absent

for this vote and Councilor Turner Pugh having already left the meeting.



Mr. Nelms said they want to have some adjustment to make this event work

for the small businesses and to have a vote on what happens. He said they don?t

want their streets blocked to come to their businesses when it is not necessary

at a certain time.



Mayor Peters said these arguments should be made with the board, (Uptown

Columbus) because that board is making these decisions. He said the Council is

dealing with one issue, and that is should we close the street at the request

of Uptown Columbus.



Mr. Nelms said they would agree to the street closing if they could change

the time to make it feasible for their businesses to work with. Mayor Peters

said Councilor Woodson has addressed that and it was changed to 6:00 p.m.- 3:00

a.m.



Councilor Woodson said those concerns of Mr. Nelms that he is bringing

forth now will be addressed later in more details. She said at this point, we

will go ahead and make a decision on the street closing because that is what is

before us now. She said we will meet with the City Manager at a later date

about those other issues.



City Manager Cavezza said there was certain information that Mr. Nelms

requested when they met and said it was his understanding that

Mr. Solomon provided him with that information. Mr. Solomon said that is

correct.



Mayor Peters asked what information has been provided. Mr. Quick said they

haven?t given them that information. However, Mr. Solomon said when they tried

to get together with Mr. Nelms on last year, he found it very frustrating. He

said last year they had discussions, but was never able to come to an

agreement, and after all that was over, he tried to meet with him, but couldn?t

come to the bottom of anything. He said he asked City Manager Cavezza if he

would arrange a meeting for he, Mr. Nelms and himself, to try to get to the

bottom of what the problems were. He said there was some discussions about the

accounting of an event about two or three years ago that was on the streets. He

said Mr. Rosenburg started the events and later came to Uptown Columbus and

asked them to take the events over, because they were losing money.



Mayor Peters then asked if they have given Mr. Nelms a list of all the

money and where it went from last year. Mr. Solomon said there was no event on

last year, and the year prior to that, the three participants split the alcohol

money on the streets, so they had the full accounting to the best of his

knowledge.



There was more than forty-five minutes of discussion on this subject, with

Mr. Solomon and Mr. Quick then responding to further questions of Mayor Peters

and members of the Council. Mayor Peters said when the St. Patrick?s Day event

scheduled for March 16, 2002 is over, he would like for Uptown Columbus to give

the Mayor and Council, as well as those business owners in Uptown Columbus, a

full accounting of the dollars of this event.



Mr. Solomon said the prior board and the Chairman of the Board did review

all of Uptown Columbus numbers and were satisfied with them.

He said that was the information that he received when he took over his term.

He said he would be happy to supply those to the City, if they want to

investigate it further.



City Manager Cavezza said the major concern when they met was the numbers

and how much money was spent, and where the money was going. He said he thought

that we had worked that out, but said he thinks this is the core of the entire

problem. He said if they get an accurate accounting of the money, then he think

the matter would be resolved.



The question was then finally called on the motion to approve the street

closing application, which carried unanimously by those eight members of

Council present at the time, with Councilor Turner Pugh having already left the

meeting.



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HISTORIC & ARCHITECTURAL REVIEW BOARD:



Clerk of Council Washington submitted a letter from Mr. Richard Coss

resigning from his position on the Board of Historic & Architectural Review.

Councilor Allen moved that the letter be received with regrets and thanks for

service. Seconded by Councilor Smith and carried unanimously by those six

members of Council present at the time, with Councilors McDaniel and Poydasheff

being absent for this vote and Councilor Turner Pugh having already left the

meeting.



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MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND OFFICIALLY RECEIVED BY THE

COUNCIL:



Board of Tax Assessors, Numbers 6 & 7.

Convention & Visitors Bureau, January 16, 2002.

Council Briefing, December 18, 2001.

Elections & Registrations, Board of, January 17, 2002.

Employees? Pension Plan, Board of Trustees, January 9, 2002.

Health, Board of, January 23, 2002.

Keep Columbus Beautiful Commission, February 12, 2002.

Uptown Fa?ade Board, January 29, 2002.

Water Commissioners, Board of, January 24, 2002.

Zoning Appeals, Board of, February 6, 2002.



Councilor Allen then made a motion that these minutes be received.

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

Council present at the time, with Councilor Turner Pugh having already left the

meeting.



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THE FOLLOWING TWO NEW ZONING PETITIONS , RECOMMENDED FOR CONDITIONAL

APPROVAL BY BOTH THE PLANNING ADVISORY COMMISSION AND THE PLANNING DIVISION

WERE SUBMITTED BY CLERK OF COUNCIL WASHINGTON AND AN ORDINANCE WAS CALLED FOR

BY COUNCILOR ALLEN:



Petition submitted by Schuster Enterprises, Inc. to rezone approximately

1.36 total acres of properties located at 3523, 3529 & 3533 Trinity Drive &

2114 Box Road from a R-1A District to an A-O District. (9-CA-02-Schuster

Enterprises, Inc.)



Petition submitted by Ironwood Group, Inc. to rezone approximately 10.42

total acres of properties located along the west side of North Lumpkin Road,

north of Airview Drive from a C-3 District to a R-4 District.

(10-CA-02-Ironwood Group, Inc.)



BOARD APPOINTMENTS:



BUILDING AUTHORITY OF COLUMBUS:



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

Mr. Dennis Luby and Ms. Sally Lassiter on the Building Authority will expire on

March 24, 2002. Mr. Luby is eligible to succeed himself, but Ms. Lassiter is

not eligible to succeed herself. Councilor Allen nominated Mr. Luby to succeed

himself for another term of office. Clerk of Council Washington said she will

bring this back on next week for the Council?s confirmation.



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BUILDING CONTRACTORS EXAMINING BOARD:



Clerk of Council Washington again advised that the term of office of Mr.

Sam Hartin on the Building Contractors Examining Board expired on December 31,

2001 and that he cannot succeed himself. She then asked if there were any

nominations, but there were none.



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CIVIC CENTER ADVISORY BOARD:



Clerk of Council Washington said we still need a nominee for Council

District Five. (Mayor Pro Tem Rodgers was absent from tonight?s meeting)



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EMERGENCY MANAGEMENT ADVISORY BOARD:



Clerk of Council Washington pointed out that at the February 19, 2002

Council meeting, Councilor Woodson nominated Mr. Keith Weeks to fill the

expired term of Mr. Mark Adams on the Emergency Management Advisory Board and

that he may now be confirmed. Councilor Allen so moved. Seconded by Councilor

Poydasheff and carried unanimously by those eight members of Council present at

the time, with Councilor Turner Pugh having already left the meeting.



She also pointed out that the Council must nominate someone to fill the

seat of Mr. David Grindle, who is no longer a resident of Muscogee County.



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HISTORIC & ARCHITECTURAL REVIEW BOARD:



Clerk of Council Washington pointed out that the term of office of

Ms. Charlotte Frazier expired on January 31, 2002 and that she is not eligible

to succeed herself. She also pointed out that Councilor Hunter is nominating

Ms. Dora Jackson to succeed Ms. Charlotte Frazier, and advises that she may now

be confirmed. She also pointed out that originally Councilor Allen had

nominated Mr. Anthony Gilbert for Ms. Charlotte Frazier's position as well,

however, she received a telephone call today from Mr. Bernie Quick advising

that Uptown Columbus is recommending Mr. Anthony Gilbert to succeed Mr. Sia

Etemadi as their representative on this board and advises that he may also be

confirmed.



Councilor Suber so moved. Seconded by Councilor Poydasheff and carried

unanimously by those eight members present at the time, with Councilor Turner

Pugh having already left the meeting.

Clerk of Council Washington also pointed out that Mr. Richard Coss has

resigned from this board and that he served as a historic resident member, and

that this is a Council appointment.



Councilor Suber said with the new Historic Districts, did we say that we

were going to get assignments on those board? Clerk of Council Washington said

she would have to go back and check on that, as she was not sure.



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HOSPITAL AUTHORITY:



Clerk of Council Washington pointed out that she has received another

memorandum from the secretary of the Hospital Authority and that they are

asking for three additional nominees for Glenn Fussell and Charles McDaniel?s

positions, who does not wish to be reappointed to this board.



Councilor Allen nominated Ms. Nancy Rinn for Mr. Charles McDaniel?s seat.



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RECREATION ADVISORY BOARD:



Clerk of Council Washington pointed out that the term of office of

Mr. Michael Barnett on the Recreation Advisory Board expire on February 28,

2002 and that he is not eligible to succeed himself. She said Mr. Barnett

served as Council District 10 At-large representative.



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BOARD OF TREE EXPERTS:



Clerk of Council Washington once again pointed out the term of office of

Mr. Donald Campbell on the Board of Tree Experts expired on December 31, 2001

and that he is not eligible to succeed himself. There were no nominations.



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BOARD OF ZONING APPEALS:



Clerk of Council Washington pointed out that the term of office of

Mr. Johnny Cargill on the Board of Zoning Appeals will expire on March 31, 2002

and that he is not eligible to succeed himself. She advised that Council must

nominate someone to succeed Mr. Cargill for this position.



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HOSPITAL AUTHORITY OF COLUMBUS:



Referring back to the memorandum that Clerk of Council Washington received

from Mr. Ken Henson, Secretary to the Hospital Authority, requesting three

additional names, Mayor Peters said it would seem to him that if the Codes says

that the Council must send three names to any board and they must select from

those three names, then it would be improper to send back three other names

that they want.



Clerk of Council Washington said the concern of the board was that there

were three positions and we had three names, and we put all three names for

those three positions. She said they want the Council to send three names for

each of those positions.



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BEER SALES:



Councilor Woodson said she would like for City Manager Cavezza to look at

and get clarification as it relates to beer sales during outdoor events. She

said she agrees with Councilor McDaniel when he said everyone should have the

right to sell beer during that event. She said she would like for him to give

clarification to Uptown Columbus, when she asked the City Attorney Fay about

the issue whenever there are outdoor events and they are selling alcohol and if

a person goes into one of the establishments there and buys a beer or walks in

with a beer, can that individual go back out with the beer to the outside

event.



City Manager Cavezza said if beer is being sold on the street, yes they

can, as long as they stay in that area they can do that. Councilor Woodson said

she would like for City Manager Cavezza to make sure that Uptown Columbus

understands that.



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VAN:



Councilor Henderson said he got a telephone call from someone with regards

to the Seniors Program, where apparently there is a van that is used for

transportation for the seniors and during their last two trips suffered some

breakdowns.



City Manager Cavezza said it has been happening for three years now and he

thought that we had fixed that situation. He said he will take a trip down

there and look at that van, because he thought that we were using the good van

and they shouldn?t be having that problem.



Councilor Henderson said he would like for the City Manager to look into

the concerns of the constant problems with one of the vans that is being used

for the Senior Citizens Program.



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Mayor Peters then asked if there was anyone who wanted to be heard prior

to the Council going into an executive session.



MS. P.M. LUCIER said the School Board members have become so arrogant and

so full of themselves that they are sucking this City dry.

She said they have the $50 million and are having all kinds of problem and Mr.

Robinson is spending money outrageously. She said she has been told that they

don?t have the money to build the park, but has told her that the City is going

to pay for the Park. He said they not only paid for the land, but will pay for

the Park. He said there has been several change orders in the building of the

new schools, which adds up to a lot of money. She said they could care less

that this is taxpayer?s money. She said she thinks the Council needs to look

into it.



Mayor Peters pointed out to Ms. Lucier that they have their own elected

officials and their own board. He told her that these are issues that she needs

to take before the School Board.



Ms. Lucier said she has been before the School Board many times before,

and were escorted from the meetings. She outlined several things that she said

was wrong with many of the schools that have been built.



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EXECUTIVE SESSION:



Regarding an earlier request of City Attorney Fay to go into an executive

session to discuss matters of litigation, Councilor Poydasheff then made a

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

Councilor Allen and carried unanimously by those nine members of Council

present at the time, with Councilor Turner Pugh having already left the

meeting.



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At 7:40 P.M., the Council adjourned its regular session to allow the

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



At 8:00 P.M., the Council reconvened its regular session.



Mayor Peters said during the Council?s executive session, the Council

discussed litigation issues and said there were no votes taken.



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

Poydasheff then made a motion for adjournment. Seconded by Councilor Woodson

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

with Councilor Turner Pugh having already left the meeting, with the time being

8:02 P.M.



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Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia