Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

DECEMBER 7, 2004



The monthly night meeting of the Council of Columbus, Georgia was called to

order at 5:30 P.M., Tuesday, December 7, 2004, on the Plaza Level of the

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

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



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

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

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

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

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

Davis were also present.



ABSENT: No one was absent.



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INVOCATION: Offered by Mayor Pro Tem John J. Rodgers.

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PLEDGE OF ALLEGIANCE: Led by Mayor Robert S. Poydasheff.

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CHARACTER WORD:



In the absence of his Executive Assistant, Mr. Ed Wilson, Mayor Poydasheff

announced the character word for the month of December.

He said the character word for this month is Cleanliness. He said cleanliness

involves good habits of personal hygiene and grooming.



He said some related words to ponder and practice are neatness, good

hygiene, anti-littering, thoughtfulness and respect.



Mayor Poydasheff said those seeking a greater challenge than personal

hygiene and a clean environment may wish to consider the scriptural words of

the psalmist:



?Create in me a clean heart, O God; and renew a right spirit within me.?



- Psalm 51:10

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SPRINGER OPERA HOUSE:



Mr. Paul Pierce, Manager of the Artist Department of the Springer Opera

House pointed out that after their statewide evaluation of all of Georgia?s art

institutions, which includes museums, theatres, performing art centers,

galleries, and art organizations of all kinds; the Georgia Council of the Arts

finished its annual evaluation and scoring and has scored the Springer Opera

House, 97.25 out of 100 points. He said this makes them the highest scoring and

top ranked arts institution in the State of Georgia.



He said they have other goals beyond that, which they are going to

continue to pursue. He said their number one goal that they have displayed on

the wall in the Springer?s Board Room is to become America?s Premier Regional

Theatre Company. He said this is their goal for the next 10 years.



Mr. Pierce then introduced the cast of the play; ?Susiecal?; the Mayor of

Who and his wife are present with us this morning, The Cat & The Hat, Gertrude

McBuzz and Lazy Mazey.



A presentation was then made to the Mayor

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NLC BOARD OF DIRECTORS:



Mayor Poydasheff said that Councilor Woodson has been appointed to serve

on the Board of Directors of the National League of Cities during the 2004

Congressional City Conference in Indiana, India polis this past week. She said

this is another star for our City and said that the United States really knows

that Columbus, is not Columbus, Ohio, but is Columbus, Georgia.



He said we have had great support on the national Council on the National

League of Cities from Councilor Turner Pugh who is still active and continues

to bring great credit upon the City of Columbus, as he knows that Councilor

Woodson is going to do.



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HISTORIC & PRESERVATION AWARD:



Mr. Mark McCollum said he would like to present to Mayor Poydasheff an

award that he accepted on behalf of the City of Columbus on November 18th at

the Annual meeting of the Historic Columbus Foundation. He said they presented

this award in recognition of the City?s continuing support of historic

preservation and neighborhood revitalization in the City of Columbus.

He then presented the award to Mayor Poydasheff.

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MINUTES: Minutes of the November 23 & 30, 2004 meetings of the Council of the

Consolidated Government of Columbus, Georgia were submitted and approved

unanimously by those seven members present upon the adoption of a motion made

by Mayor Pro Tem Rodgers and seconded by Councilor Allen.

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ZONING PUBLIC HEARING:



THERE WERE NO ZONING PUBLIC HEARINGS SCHEDULED FOR TONIGHT?S MEETING.

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CITY ATTORNEY?S AGENDA:



WITH SEVERAL PUBLIC SAFETY OFFICERS STANDING AT THE COUNCIL TABLE, THE

FOLLOWING RESOLUTION WAS READ IN ITS ENTIRETY BY MAYOR PRO TEM RODGERS AND

ADOPTED BY THE COUNCIL:



A Resolution (520-04) - Commending and expressing appreciation to the

members of the Columbus Police Department, the Muscogee County Sheriff's

Department, the Muscogee County Prison and the Georgia State Patrol for their

service, skill and patience while dealing with the multitude of demonstrators

during the weekend of November 20-21, 2004. Mayor Pro Tem Rodgers moved the

adoption of the resolution. Seconded by Councilor Allen and carried unanimously

by those ten members of Council present, standing to cast their affirmative

vote.



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WITH DR. JACK TIDWELL STANDING AT THE COUNCIL TABLE, THE FOLLOWING

RESOLUTION WSA SUBMITTED AND READ IN ITS ENTIRETY BY COUNCILOR HUNTER AND

ADOPTED BY THE COUNCIL:



A Resolution (521-04) - Commending and expressing appreciation to Jack and

Miriam Tidwell, Jan Pease and the many sponsors who contributed to the third

"God Bless Fort Benning" rally held at the Columbus Civic Center on November

20, 2004. Columbus Hunter moved the adoption of the resolution. Seconded by

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

present, standing to cast their affirmative vote.



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WITH THE TEAM MEMBES OF THE NORTHSIDE HIGH SCHOOL ROBOTICS TEAM STANDING

AT THE COUNCIL TABLE, THE FOLLOIWNG RESOLUTION WAS SUBMITTED AND READ IN ITS

ENTIRETY BY COUNCILOR DAVIS AND ADOPTED BY THE

COUNCIL:





A Resolution (522-04) - Commending and congratulating the Northside

Robotics Team upon their third place overall finish in the State competition

held at Southern Polytechnic State University and their first and second place

wins in the Regional Competition held at Auburn University. Councilor Davis

moved the adoption of the resolution. Seconded by Councilor Allen and carried

unanimously by those ten members of Council standing, to cast their affirmative

vote.



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THE FOLLOWING TWO ORDINANCE WERE SUBMITTED AND EXPLAINED BY CITY ATTORNEY

FAY, INTRODUCED ON FIRST READING AND DELAYED FOR ONE WEEK AT THE REQUEST OF

COUNCILOR DAVIS:



An Ordinance (04-104) - 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 said this ordinance was amended on last week to add three

conditions and said there is a maximum amount of lots. He said some of the

property will remain zoned A-1.



Councilor Allen then asked City Attorney Fay to read those conditions into

the record, which includes the following:



The above-described property is rezoned subject to the following

conditions:



(1) 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. The utility easement

for lots numbered 122 through 126 on said plat shall be removed. Said plat is

hereby made a part of this ordinance and is specifically incorporated herein by

reference.



(2) Those 23 lots numbered 1, 6, 7, 17, 18, 19, 25, 48, 49, 65, 70, 89, 90, 91,

92, 93, 104, 117, 118, 119, 120, 121, and 129 on said plat shall remain zoned

A-1, shall be permitted to use R1-A front and side setbacks, and shall be

subject to a 40-foot rear setback.



(3) The construction entrance shall be located on Midland Road as determined by

the City Traffic Engineer. All driveway access to lots shown on said plat shall

be internal from the new streets shown on said plat.



After the City Attorney read the conditions into the record, he then

advised tha the ordinance is ready to be adopted. Mayor Pro Tem Rodgers moved

the adoption of the ordinance. Seconded by Councilor Suber and carried

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



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An Ordinance (04-104) - Rezoning property located at 5304 Hurst Drive from

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



Councilor Anthony said because he is an advocate of the petitioner and all

of those that supports the petitioner and the board, and certainly an advocate

of having the use of facilities that are no longer in use and faith-based

initials. However, on the other hand, he looks at all that we have done on this

Council to protect and improve neighborhoods, with the efforts that that we

have done to the neighborhood improvement projects, spending between $100,000 -

$2,000,000 in those areas. He said looks at all the efforts to demolish

buildings and those initiatives to improve neighborhoods, he finds himself,

asking crucial questions; is this proposal, a proposal that will improve the

neighborhood. He said will this zoning improve the neighborhood and said if we

honestly answer no, that it will not; then we must courageous say no to

rezoning.



Councilor Suber then made a motion to defeat the ordinance. Seconded by

Councilor Allen, which resulted in an inconclusive vote. Voting for the motion

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

Councilors Davis, Henderson, Hunter, McDaniel, Turner Pugh, Woodson and Mayor

Pro Tem Rodgers.



Mayor Pro Tem Rodgers then moved the adoption of the ordinance. Seconded

by Councilor Turner Pugh and carried by a vote of 7 to 3. Voting for the motion

was Councilors Davis, Henderson, Hunter, McDaniel, Turner Pugh, Woodson and

Mayor Pro Tem Rodgers. Voting against the motion was Councilors Allen, Anthony

and Suber.



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THE FOLLOWING FOUR ORDINANCES WERE ALSO SUBMITTED AND EXPLAINED BY CITY

ATTORNEY FAY AND ADOPTED BY THE COUNCIL ON SECOND

READING:





An Ordinance (04-104) - Rezoning property located at #10 & #16 Earl Court

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

Mayor Pro Tem Rodgers moved the adoption of the ordinance. Seconded by

Councilor McDaniel and carried unanimously by those ten members of Council

present for this meeting.



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An Ordinance (04-104) - 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) Councilor Suber moved the adoption of the

ordinance. Seconded by Mayor Pro Tem Rodgers and carried unanimously by those

ten members of Council present for this meeting.



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An Ordinance (04-104) - Rezoning property located at 5150 Lakeshore Road

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

Councilor Suber moved the adoption of the ordinance. Seconded by Mayor Pro Tem

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

this meeting.



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THE FOLLOWING ORDINANCE WAS ALSO SUBMITTED AND EXPLAINED BY CITY ATTORNEY

FAY AND ADOPTED BY THE COUNCIL AFTER SOME DISCUSSION:







An Ordinance (04-104) - 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)



Mayor Pro Tem Rodgers said someone had indicated that there might be some

people present who wanted to address this issue, but there were none.



Councilor Henderson said that was in reference to some questions raised

and he mistakenly thought this was coming back on first reading. He said it is

important to note that this particular piece of legislation is a work in

process and it represents a very good first start; a jumping off point and said

there will be opportunities as we move forward to be able to address any of the

individual items within this ordinance.



Mayor Poydasheff said if anyone does have any questions, they can contact

their Council members, him, the City Manager or the City Attorney.



Mayor Pro Tem Rodgers then made a motion to adopt the ordinance. Seconded

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

present for this meeting.

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CLERK OF COUNCIL'S AGENDA:



AT THE REQUEST OF MAYOR PRO TEM RODGERS, THE FOLLOWING RESOLUTION WAS

CALLED UP AS THE NEXT ORDER OF BUSINESS AND ADOPTED BY THE

COUNCIL:





A Resolution (523-04) - Approving a Special Exception Use to operate a

boarding house at 5304 Hurst Drive. Mayor Pro Tem Rodgers moved the adoption of

the resolution. Seconded by Councilor McDaniel and carried by a vote of 7 ? 3.

Voting for the motion was Councilors Davis, Henderson, Hunter, McDaniel, Turner

Pugh, Woodson and Mayor Pro Tem Rodgers. Voting against the motion was

Councilors Allen, Anthony and Suber.



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NOTE:



The Clerk of Council?s Agenda is continued below.



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RESOLUTIONS:



Councilor Hunter said he would like for the City Attorney to prepare a

resolution congratulating Tiffani Traylor of Columbus High, who was named

Player of the Year for Volleyball and Michael Fowler of Hardaway High, who was

named Coach of the Year for Volleyball.



Councilor Davis said he would also like for the City Attorney prepare a

resolution congratulating CYSA and volunteers for their work on the successful

Redstarr Soccer Tournament that was held this past week.

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PUBLIC AGENDA:



MR. PAUL OLSON, RE: STATE ETHICS

COMMISSION:



Prior to Mr. Olson making any comments of the Council, Mayor Poydasheff

said he would like to caution him that if he is going to talk about his State

ethics complaint that are already in the State of Georgia, this is not the

proper forum for it and he is going to deny you the right to speak on these

complaints. He said the Council cannot adjuciate them, you have spent them

properly to the State of Georgia and as he understands them that is being

adjucated.



City Attorney said that is correct. He said the Council has no

jurisdicitation over the matter pending in front of the State Ethics

Commission. He said we don?t need to discuss it here.



Mr. Paul Olson then appeared and said he would just like to ask a

question regarding their legal representation. He said you have Troutman and

Sanders that are representing you legally and then asked, who is paying those

legal fees? He said if it is the City taxpayers.



Mayor Poydasheff then said that it is. Mr. Olson then asked, how much has

been expended at this time; to which City Attorney Fay, said that we have not

received a bill as of yet.



Mayor Poydasheff said when that bill comes out, and Council votes to

approve that bill, it will be a matter of public record.



Mr. Olson said he would like to talk about the closed meeting at the FOP,

to which Mayor Poydasheff said he has advised Mr. Olson that he has filed a

State Ethics complaint. He said he hasn?t filed an Ethics complaint against

the Mayor in this regard, but he has filed one against Jack Key in regards to

there being some Council members who attended a meeting at the Chamber of

Commerce.



Mayor Poydasheff said the meeting was not called by the Council and there

were no more than three ? four Councilors present. He said that meeting was

called by the Chamber of Commerce and said your allegations are presently in

the office of the proper Georgia agency that resolves that issue and we will

not discuss ethical violations on the part of anyone on this Council. He said

once the matter is resolved by the State of Georgia everyone will know what the

decisions were.



Councilor Allen then asked City Attorney Fay if the open meetings

requirements are six or more councilors, to which City Attorney said if there

wasn?t six members present, it wasn?t an open meeting under the State Statue.



Mr. Olson then spent several minutes in expressing him concern regarding

this matter, with members of the Council responding to those concerns of Mr.

Olson.



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MR. WILLIAM J. MADISON, ORCHARD GROVE MOBILE HOME PARK:



Mr. Madison distributed information to the Mayor and Council regarding the

City?s purchase of the Orchard Grove Mobile Home Park. (A copy was filed with

Clerk of Council Washington to be filed with the Council?s records)



Mr. Madison said his purpose here on today is to inform and hopefully

through this Council, individuals will be informed. He said he would like to

make an observation this morning, saying if you would go back and look at the

tapes of the previous Council meetings that he has attended, and this is the

fifth one, and this is the fifth time the Mayor has gotten up and walked out

the room when he stood up to speak to this Council. He said he is not making an

accusation against the Mayor, but he is just merely making an observation.



He said the issues and questions that he has on tonight from friends and

people who are concerned is regarding the property that the City purchased the

Orchard Grove Mobile Home Park.



Mr. Madison said this is what the public wants to know as it relates to

the Orchard Grove Mobile Home Park, is there any money on the table for the

residents to move. He said he wants to know, why did we pay $1,050,000 for a

piece of property which is behind in its taxes for the years 2000, 2001, 2002,

2003; and seems how the closing happened after October, 2004, a portion of 2004.



He said if the Council would like at the document that he has provided to

the Council, this property was purchased May 11, 1990 for a total of $145,000

and it appears according to the City?s records, warranty deeds, etc., that this

property was paid off in November 18, 1999.



Mr. Madison spent some seven minutes in continuing to express his concerns

regarding the purchase of this property by the City of Columbus, He said he

would like for anyone on this Council to explain to the citizens out in the

neighborhood, how did this happen; why would we pay that kind of money,

$1,050,000 for a piece of property that he could only come up with more than a

$300,000 value.



He said his concern is this, that the 1999 SPLOST tells us what we can

buy, what we can do and when we can do it.



He said like the School Board, he would hate to see the City run out of

monies to finish the Marina. He said he wants to be able to take one boat ride

out of that Marina, but he don?t sense that we will be able to do it spending

this kind of money.



Mr. Madison also stated that we have the City doing business with an

entity that is not authorized to do it.



After the conclusion of Mr. Madison?s presentation, Mayor Poydasheff then

responded to a question of Mr. Madison regarding the relocation of the

residents, saying that the relocation will be handled as part of the contract,

and will be handled by Mr. Brent Buck.



City Manager Cavezza then spent some ten minutes in presenting a slide

presentation and responding to many of those concerns of Mr. Madison regarding

the purchase of the Orchard Grove Mobile Home Park.



He said Mr. Buck is going to relocate those families and their trailers.

He said they felt comfortable that this was a good purchase and it is part of

the Oxbow Meadows redevelopment area. He said this was SPLOST money that they

used and they are talking with a lot people, as well as Mr. Buck is talking

with a lot of people. He said there is a lot of concerns and confusion, but he

is clarifying that.



City Manager Cavezza said they closed on the property on November 17th and

said that he didn?t approve anything unless the Council approved it. He said he

thinks that our process and the legitimacy of this purchase speak for itself.



Mayor Poydasheff also expressed his comments and responded to those issues

and concerns addressed by Mr. Madison.



City Manager Cavezza, responding to a concern of Councilor Woodson, once

again pointed out that the citizens that are living in the trailer park would

be relocated at the expense of the individuals that are selling us the

property. He said they will be re-established at a new location and said they

will be set up and all the connections will be put in. He said if they have a

fence a fence will be put up in their new location. He said Mr. Buck has one

year to do that and said if he needs more time, we will give him more time.



Mr. Madison said he would ask that the City establish an office whereas

the citizens who are living in that trailer park when these individuals will be

able to come and see this government.



Mayor Poydasheff said the office is already set up and all the people have

to do is to either contact him, the Council or the City Manager and they will

be delighted to sit down with her if she believes that she is getting short

changed.



Councilor Turner Pugh said the money that was in the 1993 SPLOST for the

Marina was $1.2 million and said it is being spent on the Marina study only.



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RECOGNITION OF BARRY MCMULLEN:



Mayor Poydasheff recognized the purchase of Mr. Barry McMullen, Manager of

the Columbus Riverdragons who is present in the Council Chambers with a group

of boy scouts from Boy Scout Troop 203, and Master Sergeant Johnny Meadows,

Scott Master. He said this group is working towards their citizenship merit

badge.



Mr. McMullen said since they are studying citizenship in the community, he

wanted to bring these young men to a Council meeting which he knew would be of

great importance; which they have seen on tonight.



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ORCHARD GROVER TRAILER PARK:



Councilor Turner Pugh said that we do need to find out the answers as it

relates to the delinquent property taxes on the Mobile Home Park for the years

2000, 2001, 2002, 2003 & a portion of 2004.

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CITY MANAGER?S AGENDA:



THE FOLLOWING SEVEN PURCHASING 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 SUBER AND SECONDED BY MAYOR PRO TEM RODGERS,

WHICH CARRIED UNANIMOUSLY BY THOSE NINE MEMBERS OF COUNCIL PRESENT AT THE TIME,

WITH COUNCILOR ALLEN BEING ABSENT FOR THIS

VOTE:



A Resolution (524-04) - Authorizing the purchase of one (1) hydraulic

mini-excavator from Tractor & Equipment Company in the amount of $34,602.00.

The excavator is an additional piece of equipment and will be used by the

Rainwater Division of the Public Services Department for cave-in repairs,

digging ditches and repairing and replacing underground pipe.



A Resolution (525-04) - Authorizing the purchase of one (1) cab and

chassis from Bill Heard Chevrolet in the amount of $48,908.00; and one (1)

hydraulic trash loader body from Bell South, in the amount of $33,778.00. The

truck is a replacement vehicle and will be used by the Solid Waste Division of

the Public Services Department to pick up trees, yard waste and white goods

throughout the City.



A Resolution (526-04) - Authorizing the execution of a contract with

South Georgia Coatings (Douglas, GA) for roofing services in the amount of

$58,000.00. The contractor will provide all labor, equipment and materials to

install a new elastometric restoration system to existing structural metal roof

at Columbus Mental Retardation Services Center. The work includes: - Cleaning

and properly preparing existing metal roof system. Spraying or brushing

rubberized base coat over entire roof system. Spraying or brushing custom

colored top metal restoration coating over rubberized base coat.



A Resolution (527-04) - Authorizing the purchase of furniture for the

Public Defender?s Office from Malone Office Equipment Company in the amount of

$90,086.35. The purchase will be made via Georgia State Wide Contract

#S-030748, for which Malone is an authorized vendor. The furniture includes

conference tables/chairs, bookcases, desks, chairs, etc?and will be used to

furnish the renovated offices of the Public Defender.



A Resolution (528-04) - Authorizing the execution of a contract with

J-Quad &

Associates, LLC, to provide an analysis of impediments to fair housing in

Columbus. As part of the Consolidated Plan in the Budget Year 2007, the

Community Reinvestment Division will have to provide a summary of the Analysis

of Impediments to Fair Housing in Columbus, Georgia. Upon the compilation of

all data, J-Quad & Associates, LLC, will analyze the data and report findings

to the Community Reinvestment Division. These impediments are not just dealing

with programs funded through federal funds, but impediments to all housing

activities within the City.



A Resolution (529-04) - Authorizing payment to ESRI, Inc., in the amount

of $11,689.04 for maintenance and support of the GIS mapping software used by

the Engineering Department. The software was originally purchased from ERSI,

the developer of the software; therefore the vendor is considered an only known

source to provide the maintenance and support.





A Resolution (530-04) - Authorizing the contract for Supplemental EMS

Coverage from Care Ambulance Service and Mid-Georgia Ambulance Service. Due to

military activations, sickness, injury, operational commitments, special

events, etc., a need exists to staff more advanced life support units

(ambulances) than Columbus Fire/EMS can provide. Therefore, Supplemental EMS

Services are required to assist the Columbus Fire/EMS Department above and

beyond the normal mutual aid agreements described by the State.





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EXECUTIVE SESSION:



City Manager Cavezza requested an executive session after the adjournment

of tonight?s meeting to discuss a real estate issue.





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UPCOMING EVENTS:



BI-STATE LUNCHEON:



City Manager Cavezza said on Thursday, December 9, 2004 at 11:30 a.m.

would be the Bi-state luncheon at the Trade Center, which is hosted by the Carl

Vinson Institute. He said there would be a lot of people from the region at

this luncheon; which is an initatitive between GMA and the Carl Vinson

Institute to work on regional issues.



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EMPLOYEES GALA:



City Manager Cavezza pointed out that the Employees Holiday Gala would be

held on Friday, December 10, 2004 at 7:00 p.m., at the Trade Center.



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THE FOLLOWING ADD-OR RESOLUTION WAS ALSO SUBMITTED AND EXPLAINED BY CITY

MANAGER CAVEZZA AND ADOPTED BY THE COUNCIL:



A Resolution (531-04) - Approve the declaration of the carpet/turf used

for arena football as surplus, in accordance with Section 7-501 of the Charter

of Columbus Consolidated Government; and allow the Civic Center to sell the

surplus carpet/turf to another sports facility or team. The City no longer has

an AF2 football team. Therefore, the carpet/turf is no longer required.

Additionally, the carper/turf is utilizing needed storage space. The Civic

Center is aware of a team in Montgomery that wishes to purchase the

carpet/turf. In April 2001 the City purchased the carpet/turf for

approximately $100,500.00.



Councilor Suber moved the adoption of the resolution. Seconded by Mayor

Pro Tem Rodgers and carried unanimously by those nine members of Council

present at the time, with Councilor Allen being absent for this vote,

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CLERK OF COUNCIL'S AGENDA:



THE FOLLOWING ITEMS WERE SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR & COUNCIL:



(1) Notice of the NLC 2005 Congressional City Conference, March 12 - 15, 2005,

in Washington, D.C.



(2) Memo from Clerk of Council Washington, Re: Board of Elections &

Registrations.



Clerk of Council Washington responded to a question of Councilor McDaniel

as it relates to the upcoming vacancies on the Board of Elections &

Registration. She pointed out that there are three positions that will be

expiring; however, all three of those individuals are eligible to succeed

themselves. She said she would have it outlined on the Agenda for next week?s

Council meeting.



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MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND OFFICIALLY RECEIVED BY THE COUNCIL:



Planning Advisory Commission, August 4, 2004.

Planning Advisory Commission, August 18, 2004.

Planning Advisory Commission, September 1, 2004.

Tax Assessors, No. 44.

Tax Assessors, No. 45.



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

Seconded by Councilor McDaniel and carried unanimously by those nine members of

Council present at the time, with Councilor Allen being absent for this vote.



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ZONING PETITIONS:



Clerk of Council Washington submitted a letter from Mr. John Grot, the

petitioner representing Preston Holdings, LLC, requesting that his rezoning

petition be sent back to the Planning Advisory Commission for reconsideration

for an R-2 District as opposed to the A-O request. (67-D-04-Preston Holdings,

LLC)



Councilor Henderson said he would like to ask the City Attorney if this is

permissible. City Attorney Fay said he thinks that it would be. He said we

have done it when the ordinance was here at the Council table and he can?t say

that this wouldn?t be permissible.



Councilor Henderson said he has spoken with the gentleman and found out

his reasons for wanting to do so and then made a motion to allow the petition

to be sent back to the Planning Advisory Commission. Seconded by Councilor

McDaniel and carried unanimously by those nine members of Council present at

the time, with Councilor Allen being absent for this vote.



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

PLANNING ADVISORY COMMISSION AND THE PLANNING DIVISION WAS SUBMITTED BY CLERK

OF COUNCIL WASHINGTON AND AN ORDINANCE AND PUBLIC HEARING WAS CALLED FOR BY

MAYOR PRO TEM RODGERS:



Petition submitted by Allen Development Group, Inc. to rezone approximately 7.1

acres of property located at 3049, 3103, 3127 & 3151 Tower Road from a M-1

District to a C-3 District. (66-A-04-Allen Development Group, Inc.)



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

PLANNING ADVISORY COMMISSION AND THE PLANNING DIVISION WAS ALSO SUBMITTED BY

CLERK OF COUNCIL WASHINGTON AND RECEIVED BY THE

COUNCIL:





Petition submitted by Preston Holdings, LLC to rezone approximately 8.29 acres

of property located at 5666 Forrest Road from an R-1A District to an A-O

District. (67-D-04-Preston Holdings, LLC.)



Mayor Pro Tem Rodgers moved the petition be received. Seconded by

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

present for this meeting, with Councilor Allen being absent for this vote.



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RECORDER?S COURT:



Clerk of Council Washington submitted a letter from Mr. James Messner

submitting his resignation from his duties as Recorders? Court Judge Pro Tem

and Environmental Court Judge. Councilor McDaniel moved the letter be received

with regrets and thanks for service. Seconded by Mayor Pro Tem Rodgers and

carried unanimously by those nine members of Council present, with Councilor

Allen being absent for this vote.



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BOARD APPOINTMENTS:



CIVIC CENTER ADVISORY BOARD:



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

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

resigned his seat on the Civic Center Advisory Board.



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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 expired on November

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

Ms. Rinn is. She pointed out that on last week Councilor Allen nominated Ms.

Rinn for another term of office and that we still need two additional nominees

for her seat and three nominees for Ms. Jackson.



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.



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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.



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Mayor Poydasheff then asked if there was anyone who had an issue they

wanted to address the Council before they go into an executive session.



Mr. Paul Olson came forward and addressed some concerns regarding the

City?s purchase of the Orchard Grove Mobile Home Park. He said in regards to

the lawyer?s title, insurance corporation; when the City Manager and Mr. Brent

Buck made this transaction on August 13, 2004, in that, Perry Buck and A. H.

Dudley are four years behind in property taxes for the years 2000, 2001, 2002,

2003 and then asked, how could a person get four years behind and there is no

tax foreclosure on that property. He then asked, why couldn?t the City

purchased that property for the back taxes on it?



Mayor Poydasheff said they would discuss it with the Tax Commissioner.



Mr. Olson said if he was one or two years behind in his taxes, he knows

that they would have went into tax foreclosure on his property and said he has

a problem with that.



Councilor Turner Pugh said she has asked that the City Manager?s office to

check on that and give us a report on it; because we don?t know if it is true

or not.



Mr. Olson said he would hope that this is not something that certain

individuals get a privileged deal.



City Manager Cavezza then pointed out that he doesn?t think it is

appropriate for Mr. Olson to be commenting in individual?s personal business.



After some eight minutes of discussion on this issue, this matter was then

concluded.



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WHITTLESEY ROAD:



Councilor Davis said he had an opportunity to spend some time at the

State?s public hearing on the Whittlesey Road project, which was a good

meeting. He said there were a number of people who were concerned, a few who

were upset and some who feels like we need some relief right away. He said he

is not sure how the State is viewing the project; which was an elaborate

project that was spread out. He said there was a lot of things that they were

looking do, but at the same time, he is not sure whether or not they understand

that we down here, see the traffic from a different angel and said everyday

that road is getting worse and worse.



He said he didn?t come from that meeting really knowing the timeline of

the improvements and how this was going to take place. He said it is his

understanding that the intersection at Veterans Parkway/Whittlesey, the old

Whitlesey, is eight times the normal risk level for the State or any

intersection in the State of Georgia. He said it?s not going to lighten up, but

is going to get worst.



Councilor Davis said he wants to know if we can look at the project from

the standpoint of Phases. He said he knows that the State wants to do it all at

one, but maybe if there is funding to do it, we can do it in stages. He said

he thinks it should be of concern and on someone?s priority list.



Deputy City Manager Bishop then responded to those concerns of Councilor

Davis. He said they don?t see constructing this project all at one times, and

see it been done in two phases. He said they have forwarded this on to the

DOT. He said there was some issues that did come up at the meeting, typically

what they normally hear, which is the raised median and the issues around Main

Street and through public involvement, they will have to be addressed. He said

all this is ongoing. He said they understand that the traffic and the volume is

there and that it continues to grow and they are pushing that forward as soon

as possible.





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EXECUTIVE SESSION:



Mayor Poydasheff then requested a motion to allow the Council to go into

an executive session. Mayor Pro Tem Rodgers so moved. Seconded by Councilor

Suber and carried unanimously by those nine members of Council present with

Councilor Allen being absent for this vote.





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At 6:50 p.m., the Council adjourned its regular session to allow the

Council to go into an executive session.



At 6:57 p.m., the regular session was called back to order at which time

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

discussed a real estate matter, but there were no votes taken.





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

Poydasheff then entertained a motion for adjournment. Mayor Pro Tem Rodgers so

moved. Seconded by Councilor Suber and carried unanimously by those nine

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

this vote; the time being 6:58 p.m.





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Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia