Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

JANUARY 8, 2002





The regularly scheduled meeting of the Council of Columbus, Georgia was

called to order at 9:03 A.M., Tuesday, January 8, 2002, on the Plaza Level of

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

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, and Deputy

Clerk of Council Sandra Davis were also present.



ABSENT: Clerk of Council Tiny B. Washington was absent.



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INVOCATION: Offered by Pastor Jim Swilley- North Highland Assembly of God.

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PLEDGE OF ALLEGIANCE: Led by students from Brewer Elementary School.

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SNOW DAYS:



Mayor Peters called upon City Manager Cavezza regarding the recent snow

days. City Manager Cavezza reported that there were two snow days and

technically there were two snow days, but the key employees reported to work.

He advised that Public Safety reported to work and also Public Services

employees reported with the garbage being picked up on time. He reported that

there were 3,000 calls that came into the Citizen Service Center during that

time. He said that there were only 54 calls that required some kind of service

and most of those were putting sand on bridges and icing areas. He reported

that the amount of overtime that was paid during that period of time was a

little under $900.00.



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FIRE EQUIPMENT:



Mayor Peters encouraged everyone to take the time to look at some of the

new fire equipment that the citizens of Columbus, Georgia purchased through the

sales tax for our Public Safety. He emphasized the awesome new truck with the

best apparatus possibly in the nation. He respectfully asked the members of

Council to also come out to see the new equipment.

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PROCLAMATIONS:



?UNITY IN THE NEW MILLENNIUM?:



With several members of the Martin Luther King, Jr. Steering Committee

standing at the Council table, Councilor Hunter read Mayor Peters proclamation,

proclaiming January 1 ? 31, 2002, as ?Unity in the New Millennium?.



Rev. Thomas H. Mills with St. Mary?s Road United Methodist Church,

distributed around the Council table a ?2002 Calendar of Events?. He then

highlighted four of the major events and are as follows: Tri-City Unity

Service, January 17, 2002, at 7:00 p.m.; Columbus-Phenix City Annual MLK Unity

Parade of Excellence, January 19, 2002, at 1:00 p.m.; 15th Alpha Unity Award

Breakfast, January 21, 2002, at 7:15 a.m. and the MLK Memorial Service, January

21, 2002, at 12:00 p.m. Mayor Peters then asked that those members present

introduce themselves and were as follows: Rev. J. H. Flakes- Pastor of Fourth

Street Baptist Church, Mr. Joe Andrews- Metropolitan Baptist Church, Rev. Steve

Jones- Associate Pastor of St. Mary?s Road United Methodist Church, Rev. Emmitt

Adams- Pastor of Friendship Baptist Church, Rev. Mike Stewarts- Director of

Pastorial Care at the Columbus Regional Healthcare System, Rev. Sharon

Billings- President of the Muscogee County Clergy Association, Mr. Jim Jackson-

member of St. Mary?s Road United Methodist Church.



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SOUTH COLUMBUS SUPER CENTER:



Mayor Peters congratulated Councilor Hunter on the event that was held

last Saturday in South Columbus for the opening of the new super center.

Councilor Hunter commended several employees for their assistance in the

changes in the South Columbus area, which exhibits the commitment that the City

has made towards that area.



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?MLK PRIDE MONTHS CLEAN UP DRIVE?:



With Mr. Lonnie Jackson standing at the Council table, Councilor Turner

Pugh read Mayor Peters proclamation, proclaiming January 8 ? February 28, 2002,

as ?MLK Pride Months Clean Up Drive?.



After making some brief comments, Mr. Jackson asked everyone to recite the

?Anti-Litter Pledge?.



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CHARTER REVIEW COMMISSION:



Mayor Peters announced that the Charter Review Commission would be

bringing forth their recommendations to the public. He invited everyone to

attend the public hearing on Thursday, January 10, 2002 at 5:30 p.m., in the

Council Chambers.



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CIVIC CENTER DIRECTOR:



Mayor Peters called upon City Manager Cavezza to introduce the new Civic

Center Director. City Manager Cavezza asked Mr. Charles Schilling to come

forward and highlighted some of his credentials.



Mr. Charles Schilling, expressed his enthusiasm and commitment for the

growth of the Civic Center projects to a level of success that the City aspires

to.

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MINUTES: Minutes of the December 18, 2001 meeting of the Council of the

Columbus 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 Allen.

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WELL WISHES:



Mayor Peters wished wellness for City Attorney?s son who was recently in

an accident in with his church group where the van turned over. City Attorney

Fay expressed appreciation for the concerns, but also asked for continued

prayers for the families of the two other boys; Matt McClanahan and Robert

Wright, who are still in the hospital.

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CITY ATTORNEY?S AGENDA:



THE FOLLOWING RESOLUTION WAS SUBMITTED BY CITY ATTORNEY FAY AND WAS READ

IN ITS ENTIRETY BY COUNCILOR POYDASHEFF AND ADOPTED BY THE

COUNCIL:





A Resolution (1-02) - Commending James Hollingsworth and his musical group

for their hard work in producing the song "The Sky is the Limit for Columbus,

Georgia." Councilor Poydasheff moved its adoption. Seconded by Councilor

Smith and carried unanimously by those ten members present for this meeting.



Mr. James Hollingsworth present at the podium, called attention to the

group members that were present, who worked on the development and presentation

of the son and are listed as follows: Ms. Joanie Dorsey, Ms. Precious Evans,

Mr. Scott Anglin and Mr. Gregory Miller.



Councilor Poydasheff suggested that Mr. Hollingsworth and his musical

group get together with the City Manager to prepare a video taping of them

performing the song that was produced for Columbus, Georgia ?The Sky is the

Limit? to be aired on CCG-TV.



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THE FOLLOWING ZONING ORDINANCE WAS SUBMITTED BY CITY ATTORNEY FAY AND A

PUBLIC HEARING WAS HELD AS

ADVERTISED:





An Ordinance -. Rezoning approximately 1.65 acres of property located at

2472 Martha?s Loop from a R-1A District to an A-O District. (Pursuant to the

Consent Order of the Muscogee County Superior Court ? conditional approval

recommended)



PROPONENTS:



Ms. Linda Dunlavy, an attorney representing Fog Development, came forward

with some site plans of the property. She quickly pointed out that the matter

is before the Council on remand from the Superior Court, and there have been

several public meetings in regards to this rezoning application; therefore, she

decided not to go into further details on this matter. She then submitted to

Deputy Clerk of Council Davis, for the record, a listing of the seventeen

conditions that were made a part of the consent order. She reminded the

members of Council that they are seeking an A-O zoning classification with the

seventeen conditions. She requested the approval of this rezoning, when this

matter comes for a vote.



Councilor Turner Pugh requested clarification as to why this rezoning did

not go back through the entire process. She said that her understanding is

that it would go before the Planning Advisory Commission. City Attorney Fay

responded by saying that the step of going before the Planning Advisory

Commission is not required; therefore, it is perfectly appropriate to have it

come back to the Council on remand.



There were continued discussions on this matter with City Attorney Fay

responding to various questions regarding the process. As he had done

previously, City Attorney Fay read the seventeen conditions in the record.





? Developer would widen Martha?s Loop to the standard 30? urban section on the

portion of Martha?s Loop abutting the property requested for rezoning;



? The commercial driveway on Martha?s Loop be located a minimum of 80 feet from

the south curb of Macon Road;



? A right turn deceleration lane be provided on Elm Drive;



? A 40-foot vegetative sloped buffer shall be installed and maintained

substantially in conformity with the buffer depicted in Exhibit C immediately

to the north and south of the rear property line provided by means of a deed

restriction on the adjoining property and more particularly described in

Exhibit D attached hereto and incorporated by this reference (?adjoining

property?). This 40-foot vegetative sloped buffer shall include a minimum of

six evergreen trees of not less than four inches in diameter at time of

planting, as determined by the City Arborist, per one hundred linear feet

across the top of the slope and shall include a minimum of six canopy trees of

a species with potential for height of greater than 35 feet at maturity per 100

linear feet across the remainder of said buffer;



? The property would be restricted to office and retail uses permitted under

the A-O designation;



? All lighting shall be directed internally;



? No externally loaded trash dumpsters to be used on site;



? A storm water runoff/drainage plan which reduces water velocity as it leaves

the site and drains into the drainage ditch south of the property substantially

consistent with the concept and site plans submitted by the developer to the

City Engineer?s office prior to June 6, 2000, and which meets all codes and is

in conformity with good design practice, shall be submitted to the City

Engineer for the latter?s approval prior to the issuance of a site development

plan or building permit.



? The developer will construct a 6 foot wooden fence immediately to the north

of the buffer referenced in No. 4 above;



? The Martha?s Loop driveway will be restricted to a right turn out only egress

with channeling to be constructed by the developer at the driveway exit to the

specifications of the City Engineer;



? The drugstore will be no more than 13,690 square feet.



? No more than 74 parking spaces shall be required for the proposed development;



? If the subject property is to be used as a full service drugstore with a

drive through, it shall be developed in the substantial conformity with the

revised site plan prepared by Planners and Engineers collaborative and dated

October 23, 2001 attached hereto as Exhibit C;



? The developer shall clean all debris and fallen trees out of the drainage

ditch to the south of the rear property line of the subject property from said

property line on both sides of the ditch a distance of 175 feet; the developer

shall also install check dams approximately 2 feet in height and made of rock

at intervals of 50 feet, 100 feet and 150 feet south of said rear property line;



? The developer shall redirect the outfall from the pipe coming into the

property from across Martha?s Loop and draining into the drainage ditch on the

subject property, such that erosion in the drainage ditch is ameliorated;



? Improvements, as determined by the City Engineer, to the drainage ditch south

of the subject property?s rear property line shall be made a distance of 30

feet; and



? The owner or developer will secure additional property to the south of the

rear property line of the subject property, which by deed restriction will

allow for additional vegetative buffer south of said property line, to include

that area between the property line of the subject property and the property

line of property presently owned by Jack Cadena.





Councilor Allen agreed with Councilor Turner Pugh in that his believes

that the rezoning petition should go through entire process, which means go

back to the Planning Advisory Commission. City Attorney Fay explained that

Superior Court remanded this matter back to the Council for a rezoning, because

the Court cannot technically and legally rezone it. Mayor Peters added that

the court did not remand it back to the Council for it to go through the

process, but back to the Council for a public hearing. Mayor Peters said that

he thinks that the Council could send it back through the entire process.



Ms. Dunlavy pointed out that the express agreement between the developer

and the Council is that it would be remanded to the City Council for public

hearing. She maintained that it is fairly standard in these types of zoning

litigation cases to remand directly to the legislative body, which is the City

Council, to make a binding zoning decision and only to that body. She

explained that the developer has some serious time contingencies with their

contract with the owners of the property, which would be extremely hampered if

they had to go back through the entire process. She said that the whole basis

of the agreement between the City and the developer was under the assumption

that only a hearing before the Council would be required.



Mayor Pro Tem Rodgers contended that he is still in opposition to this

rezoning, but disagrees respectfully with his colleagues, because it becomes a

charade then. He maintained that this Council has already agreed to settle

this case. He reiterated his previous comments, in that he would have

preferred that this rezoning had gone back through the process as a zoning

matter; rather than, as a settlement of a lawsuit. He believes that when the

Council made the determination to settle the lawsuit; then, for all practical

purposes, it became a done deal.



There were continued discussions on this matter with several members of

Council expressing their views.



Councilor Turner Pugh maintained that the citizens deserve to have a copy

of the conditions regarding this rezoning. After make some more brief remarks,

Councilor Turner Pugh made a motion for delay. Seconded by Councilor

Poydasheff. Mayor Peters said that he believes that the citizens have been

provided with a copy of the new conditions.



Mr. Joe Waldrop, approached the podium to emphasize the spirit of the

agreement, which has now become a matter of court order, for this rezoning to

go back for a public hearing.



After several members of Council expressed their views regarding the

motion to delay, Mayor Pro Tem Rodgers referring to condition number ten, read

the following excepts: ?The Martha?s Loop driveway will be restricted to a

right turn out only egress with channeling to be constructed by the developer

at the driveway exit to the specifications of the City Engineer;?. He recalled

that we had agreed that we would specifically state that it would be a minimum

of 12?. He said that we exceeded to the construction material, because of the

danger that may be inherent a concrete barrier, but the 12? should be there.



Mr. Donna Newman, Assistant Engineering Director, came forward to caution

the Council in what type of material we put there, because it becomes a fixed

object and can cause damage. Mayor Pro Tem Rodgers pointed out that the

concern is to restrict the traffic. Ms. Newman stated that we do understand

the intent and assured the Council that whatever is designed would restrict the

traffic.



When Mayor Peters asked how this situation is normally handled, Ms. Newman

explained that sometimes it is done with the concrete island, which is usually

four to six inches high. Mayor Peters then asked that once the determination

has been made, Ms. Newman bring that information back to the Council;

therefore, the Council would know exactly what would be going out there.



After taking into consideration what was stated by Ms. Newman, Mayor Pro

Tem Rodgers maintained that whatever goes out there should be twelve inches

high and made that statement in the form of a motion. Seconded by Councilor

Turner Pugh. After some brief comments by Councilor Suber, City Manager

Cavezza requested that the Council allow the Engineering Department to meet the

requirements, because they need some flexibility. City Manager Cavezza assured

the members of Council that it would be done correctly the first time and we

would not have to go back a second time. Mayor Pro Tem Rodgers said that if

City Manager Cavezza would assure him that it would not cost the City any money

to make any corrections that are necessary, or if corrections are necessary;

then, he would withdraw his motion, at which time, City Manager Cavezza gave

his assurance on this matter. Mayor Pro Tem Rodgers then formally withdrew his

motion.



Mayor Peters then asked about the number of parking spaces, at which time,

Ms. Dunlavy advised that less than 74 spaces are required under the local

ordinance, and she believes it would be approximately 70 parking spaces. Mayor

Peters then asked the Engineering Department for a more definitive answer, with

Ms. Newman responding by saying that until the developers finalize their site

plan; then, they would be unsure as to how many parking spaces the developers

could get on site.



Mayor Pro Tem Rodgers recalled that in the several previous public

hearings o this issue, the idea of conveying the remaining property to Mr.

Cadena was acknowledged to still be on he table, but after speaking with Mr.

Cadena, he was informed that no one has contacted Mr. Cadena. Ms. Dunlavy said

that we have not had an opportunity to discuss this with Mr. Cadena, but would

meet with him regarding that triangular piece of property on terms that are

agreeable to the developer and Mr. Cadena. She advised that this does not

alter the condition before the Council in that the triangular piece of property

would remain as a vegetative buffer. Ms. Dunlavy acknowledged that it was not

her understanding that the Council desired them to speak with Mr. Cadena and

have that resolved before today?s Council Meeting, at which time, Mayor Pro Tem

Rodgers reaffirmed that this was the intent of the Council. He pointed out

that MS. Dunlavy still has another week before the final vote, at which time,

Ms. Dunlavy said that they would meet with Mr. Cadena, as long as his schedule

allows this.



Councilor Hunter requested a more definitive answer as to whether the

residents in that area has received a copy of the seventeen conditions, at

which time, Mr. Cadena replied that some have received the letters, but because

of the 300 foot span, everyone that we at the public hearing did not receive a

letter. After conferring with the staff, City Manager Cavezza confirmed that

everyone that resides on Martha?s Loop received a letter.



Mr. Jack Cadena, 2452 Martha?s Loop, requesting to be heard in opposition

to this rezoning matter. He then expressed concerns regarding the deed

restrictions for the cutting down of trees.



In response to a question of Mayor Pro Tem Rodgers, Ms. Dunlavy explained

that part of the reason that we may need to do something in this particular

area is related to other conditions. Using a large map, Ms. Dunlavy said that

the creek runs right up against the vegetative buffer or the triangular piece

of property, and we have agree to put check dams on the creek south of our

property line and to clear debri from the creek and some of that debri are

trees over the creek; therefore, we do not know what we would need to do in

order to remove that debri to put in the check dams. She pointed out that the

Engineering Department would have to agree with the developer that the tree

removal is necessary.



There was continued discussion on this matter with Ms. Dunlavy responding

to various questions from the Council. Mr. Cadena then continued with his

concerns and questions regarding the widening of Martha?s Loop and the lights

being directed internally. With there being no specific answer regarding the

widening of Martha?s Loop, Mr. Gerrard Gunther, with Fog Development, came

forward to say that in most municipalities do not allow you to have a

certificate of occupancy; until, they do a photometric test of the surrounding

neighborhood; therefore, we are accustom to that. In response to the question

from Mayor Pro Tem Rodgers about doing the photometric test, Mr. Gunther

advised that we going to attempt to make everyone happy. Mayor Peters then

asked him to briefly explain what it is that they would be doing, at which

time, Mr. Gunther said that it is a deluxe shield that is made with these

specific lights that are directed inward.



There were continued discussions on this matter with Mr. Cadena posing

several questions to the developer and the members of Council. It was then

explained by Mayor Pro Tem Rodgers, that Mr. Cadena concerns are with making

sure that the development preceeds as it has been adhered to. Ms. Dunlavy,

responding to a statement of Councilor Woodson regarding notification be given

to Mr. Cadena when trees are to be removed, agreed that if the Council wants to

amend the condition that the developer would notify Mr. Cadena if we are going

to be requesting from the Engineering Department any tree removal. Mayor Pro

Tem Rodgers so moved that Mr. Cadena be notified whenever the developer makes a

request to the City Engineering Department for tree removal. Seconded by

Councilor Henderson and carried unanimously by those ten members present for

this meeting.



After some further discussion, Mayor Peters called attention to the motion

to continue the first reading of this ordinance, which was defeated by a vote

of nine to one with Councilor Turner Pugh voting yes and all other members

present voting no.



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THE FOLLOWING ZONING ORDINANCE WAS SUBMITTED AND ITS CAPTION READ BY CITY

ATTORNEY FAY AND THE FIRST READING WAS CONTINUED FROM THE LAST

MEETING:





An Ordinance -. Rezoning approximately 1.48 acres of property at 4042

Macon Road and the southwest portion of 4046 Macon Road from an R-1A District

to an A-O District. (60-CA-01-Allen-Simpson, Inc.)



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PROPONENTS:



Mr. Tim Simpson, with Allen-Simpson Cor., 7068 ? 12th Stree, Phenix City,

Alabama, came forward and immediately introduced Mr. Buddy Bryant with Vance

Memorial, who is the project manager. He then addressed some of the previous

concerns, one of which was raised by Councilor Henderson concerning the

drainage at the southern most portion of the property. He explained that we

have went through an extensive drainagle analysis and have redesigned the pond

to meet a 100 year storm. He said that we have also reduced the amount of flow

75% from the existing.



He reiterated the next concern which was raised by Councilor Suber

regarding some type of preparation to alleviate the drainage run-off and again

we are putting the buffers around the property as required by the Buffer

Ordinance.



Using a large map, he continued to explain various aspects of the project

in great details. At this point, Councilor Suber noticed that the condition

regarding the six foot wooden fence to prevent anyone from coming in from the

back side of Edgewood Circle is not listed as a condition in the ordinance.

Councilor Suber then made a motion to include the condition for the six feet

wooden fence. Seconded by Councilor Poydasheff and carried unanimously by

those eight members present with Mayor Pro Tem Rodgers and Councilor Woodson

being absent for this vote.



Mr. Simpson continued with his presentation by addressing the concerns

expressed by Councilor Turner Pugh dealing with the replanting of the lots. He

provided some brief comments and provided some history on this matter.



Councilor Turner Pugh requested that City Attorney Fay read into the

record all of the conditions listed in the ordinance and reads as follows:



? A deceleration lane shall be required as determind by the City Traffic

Engineer.

? All lighting shall be directed internally with shields as determind by the

City Engineer.

? If the southwest portion of 4046 Macon Road ceases to exist as a parking lot,

then it shall revert back to an R-1A zoning district.

? No direct access shall be allowed onto Edgewood Circle from this development.

? A six foot wooden fence shall be constructed to prohibit access onto Edgewood

Circle.



There was some discussion at this time regarding the buffer, and after

receiving the consensus of the petitioner, Councilor Henderson made a motion to

provide adequate spacing of six Evergreen trees not less than 4? in diameter at

the time of planting per 100 linear feet and a minimum of six Canopy trees with

the potential for height of greater thatn 35 feet at maturity. Councilor

Henders then requested the assistance of Councilor Smith regarding the type of

trees. Councilor Smith suggested that the selection of trees be referred to

the City Arborist.



After Councilor Smith made some further comments regarding the trees, he

seconded Councilor Henderson?s motion which carried unanimously by those nine

members present with Councilor Suber being absent for this vote.



Councilor Allen reiterated a previous comment made by Mayor Pro Tem

Rodgers regarding the lighting. He asked the petitioner if he could concede to

not only directing the light internally but to also use shields. He then asked

City Attorney Fay for some direction on putting the correct language in the

ordinance, at which time, City Attorney Fay stated that it could read ?All

lighting shall be directed internally with shields as determing by the City

Engineer?. Councilor Allen then put the quote of City Attorney Fay in the form

of a motion. Seconded by Councilor Smith which carried unanimously by those

nine members present at the time with Councilor Suber being absent for this

vote.



OPPONENTS:



There was no one present who came forward to express opposition to this

proposed rezoning.



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THE FOLLOWING TWO ORDINANCES WERE SUBMITTED BY CITY ATTORNEY AND WAS

INTRODUCED ON FIRST READING:



An Ordinance - Authorizing the establishment of the Class Title/Pay Grade

of Firefighter/EMT, Grade 9 and Firemedic, grade 12 in the Public Safety

Position Classification Plan of the Columbus Consolidated Government and

providing for a one-year waiver of educational requirements.



An Ordinance - Authorizing the establishment of the Class Title/Pay Grade

of Deputy Sheriff, Grade 9 in the Public Safety Position Classification Plan of

the Columbus Consolidated Government and providing for a one-year waiver of

educational requirements.



Mayor Peters recognized the presence of the Police Chief, Fire Chief and

the Sheriff in the audience; then, briefly explained that they are requesting

to be allowed to fill vacancies with individuals that could start at a Grade 9,

but they would still be required to get the college education, but they would

be given time to obtain the college requirements in order to fill twenty

vacancies in the police department and five in the EMT or Fire Department.

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NOTE: See below for the continuation of this public hearing.

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AT THE REQUEST OF COUNCILOR POYDASHEFF, THE FOLLOWING ORDINANCE WAS

SUBMITTED BY CITY ATTORNEY FAY AND ADOPTED ON SECOND READING BY THE

COUNCIL:



An Ordinance (02-1) - Authorizing the establishment of the Class Title/Pay

Grade of Police Officer, Grade 9 in the Public Safety Position Classification

Plan of the Columbus Consolidated Government and providing for a one-year

waiver of educational requirements.



Councilor Poydasheff moved its adoption. Councilor Suber then made

comments regarding the motion. He explained that he had told Chief Dozier that

he would support him on this move, but now with the Sheriff Department, Ems and

Fire Department now asking for the same thing, which he had expected would

happen, it would be unfair to approve one and not all of them. He expressed

concerns with the Sheriff Department, EMS and FIre Department wanting to lower

standards. He said for that reason he would not be supporting this ordinance.







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NOTE: The continuation of the public hearing mentioned above. (Agenda

Items #13 and #14 on the City Attorney?s Agenda.)

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After some comments made by Mayor Peters, Sheriff Ralph Johnson agreed

with the remarks, by stating that the passage of this ordinance would provide

more flexibility on putting armed personnel in places where they are needed.

He explained that we have approximately fifty employees as Correctional

Officers at a Grade 9 and this would be a reclassification of their employment

status.



Sheriff Johnson and Mayor Peters responded to several questions from

Councilor Suber. Councilor Suber mentioned that it was his understanding that

Sheriff Johnson and Chief Dozier had an agreement that the Chief would not hire

any of the Sheriff?s employees, at which time, Sheriff Johnson agreed with this

remark. Councilor Suber said that he does not understand how the City could

preclude somebody that is in the system from applying in another area. Mayor

Peters said that he thinks that they did that to let the Council know that

there is not going to be a big shuffling going on in Public Safety.



At the request of Councilor Poydasheff, Mayor Peters called attention to

the motion for adoption which was then seconded by Councilor Woodson which

carried by a vote of nine to one with Councilor Suber voting no and all others

present voting yes.



Councilor Suber addressed the issue of pay for public safety. He then

suggested what was previously mentioned by Councilor Henderson which is to

consider lower the standards from this point on. He suggested taking a serious

look at raising the pay for Public Safety.



There was a great deal of discussion on this matter with various

Councilors expressing their views. Councilor Turner Pugh requested that when

the staff brings forward suggestions for pay increased for Public Safety, that

the staff also come up with the money for the pay increases.



Councilor Turner Pugh asked that Chief Dozier along with the other Chiefs

come forward to give their thoughts on this matter. Police Chief Willie Dozier

came forward to express his concerns in the potential loss of additional

officers due to military obligations and this was the main reason for the

proposal for the ordinance change.



Councilor Poydasheff informed tht he knows that Human Resoures Director

Tom Barron is conducting a compression study along with the assistance of

Mercer University and to save this discussion for a worksession with the budget

Chairman Councilor Turner Pugh being kept informed.



There were some members of Council who expressed concerns in lower the

standards on a continuous basis.



Councilor Suber suggested to Mayor Peters that he along with Public Safety

bring something back to the Council that would be more amenable in addressing

the pay issue.



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THE FOLLOWING ZONING ORDINANCE WAS SUBMITTED BY CITY ATTORNEY FAY AND

ADOPTED BY THE COUNCIL ON SECOND READING:



An Ordinance (02-2) - Rezoning approximately 7.681 acres of property

located 500 feet north of Manchester Expressway, between Armour Road and I-185

from an M-1 District to a C-3 District. (50-CA-01-Columbus Properties, LLC)



Councilor Allen moved its adoption. Seconded by Councilor Poydasheff and

carried unanimously by those ten members present for this meeting.



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THE FOLLOWING ZONING ORDINANCE WAS SUBMITTED BY CITY ATTORNEY FAY AND

DEFEATED BY THE COUNCIL ON SECOND READING:



An Ordinance - Rezoning approximately 14.572 acres of property located at

8201 Midland Road and 8111 Old Pope Road from an A-1 District to an R-1

District. (54-D-01-Luquire)



Councilor Allen moved it be defeated. Seconded by Councilor Woodson.



Councilor Turner Pugh advised that she would be voting to defeat this

ordinance; however, she wants to make it clearly understood that the only

reason she is doing so is because we were not able to come up with a compromise

with the petitioner on having lots to be one acres; then to go down to smaller

size lots.



Mayor Peters then called attention to the motion to defeat which carried

by a vote of eight to two with Mayor Pro Tem Rodgers and Councilor Suber voting

no and all others present voting yes.



Mayor Pro Tem Rodgers them made some brief remarks regarding his vote on

this matter.



Councilor Allen requested that the Planning Division bring forth a plan

for the growth in the panhandle area.



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THE FOLLOWING TWO ZONING ORDINANCES WERE SUBMITTED BY CITY ATTORNEY FAY

AND ADOPTED BY THE COUNCIL ON A SINGLE MOTION MADE BY MAYOR PRO TEM RODGERS AND

SECONDED BY COUNCILOR SUBER WHICH CARRIED UNANIMOUSLY BY THOSE TEN MEMBERS

PRESENT FOR THIS MEETING:





An Ordinance (02-3) - Rezoning approximately 0.56 acres of property

located at 3804 Gentian Boulevard from an R-1A District to an A-0 District.

(55-D-01-Hubbuch)



An Ordinance (02-4) - Rezoning approximately 1.128 acres of property

located at 3808 Gentian Boulevard from an R-1A District to an A-0 District.

(56-D-01-Hubbuch)



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THE FOLLOWING TWO ZONING ORDINANCES WERE SUBMITTED BY CITY ATTORNEY FAY

AND ADOPTED BY THE COUNCIL ON A SINGLE MOTION MADE BY COUNCILOR SUBER AND

SECONDED BY COUNCILOR POYDASHEFF WHICH CARRIED UNANIMOUSLY BY THOSE TEN MEMBERS

PRESENT FOR THIS MEETING:





An Ordinance (02-5) - Rezoning various properties located at 2410 & 2418

3rd Avenue, 2602, 2604, 2608, 2610, 2615 & 2709 4th Avenue, 320 & 321 24th

Street, and 304, 306, 310, 312, 318, 324, 326, 328, 342, 403 & 405 25th Street

from an R-4 District to a R-3A District. (59-A-01-Habitat)



An Ordinance (02-6) - Rezoning approximately 0.44 acres of property

located at 2705 2nd Avenue from an R-4 District to a C-3 District.

(61-CA-Corporate Services, Inc., N.W.)



*** *** ***



THE FOLLOWING ORDINANCE REGULATING VEHICULAR TRAFFIC WAS SUBMITTED BY CITY

ATTORNEY FAY AND ADOPTED BY THE COUNCIL ON A SINGLE MOTION MADE BY COUNCILOR

SUBER AND SECONDED BY COUNCILOR POYDASHEFF WHICH CARRIED UNANIMOUSLY BY THOSE

TEN MEMBERS PRESENT FOR THIS

MEETING:





An Ordinance (02-7) - Regulating vehicular traffic in Columbus, Georgia by

establishing an eight hour parking time limit along the north curb of 12th

Street from the east curb of 5th Avenue to the west curb of 6th Avenue;

authorizing the installation of official traffic control signs indicating said

parking restriction and repealing any conflicting ordinances.



*** *** ***



THE FOLLOWING TWO ORDINANCES WERE SUBMITTED BY CITY ATTORNEY FAY AND

ADOPTED BY THE COUNCIL ON A SINGLE MOTION MADE BY COUNCILOR SUBER AND SECONDED

BY COUNCILOR POYDASHEFF WHICH CARRIED UNANIMOUSLY BY THOSE TEN MEMBERS PRESENT

FOR THIS MEETING:





An Ordinance (02-8) - Amending Ordinance No. 99-18 by providing that under

Article 3-104(1), "Purchasing Limits" and Article 3-105(1), "Credit/Procurement

Card" Paragraph E, Restrictions, the Department of Information Technology is

authorized to purchase computer software and computer hardware using the

credit/procurement card; and authorizing all cardholders to make purchases via

the internet and via the telephone.



An Ordinance (02-9) - Amending Section 8-85 of the Columbus Code so as to

authorize the City Manager to waive demolition liens on property identified to

be transferred to the Land Bank Authority for disposition to an organization

contemplated under O.C.G.A. Sec. 48-4-64; and for other purposes.

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NOTE: City Attorney?s Agenda is continued below.

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CITY MANAGER?S AGENDA:



THE FOLLOWING RESOLUTION WAS SUBMITTED BY CITY MANAGER CAVEZZA AND ADOPTED

BY THE COUNCIL:



A Resolution (3-02) ? Authorizing the execution of an annual demolition contract with Reaves

Wrecking Company on an ?as needed basis?.



Councilor McDaniel moved its adoption. Seconded by Councilor Smith and

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

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NOTE: Mayor Peters left the meeting at this point in the proceedings with

the time being 11:35 a.m.

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COMPREHENSIVE PLAN:



In response to a question of Councilor Turner Pugh, Director of Community

and Economic Development Rick Jones, replied that a half acreage is 22,400 with

the staff rounding that number to a whole number to make it easier. It was

determined by Councilor Henderson that one acre is approximately 43,560



Councilor Turner Pugh then asked if any member of Council have any

disagreement with the information that was presented in the Council?s packet

regarding the acreage being forwarded to the Planning Advisory Commission.

Councilor Allen expressed concerns with the setbacks that we see here with the

exception of the percentage, and he does understand why the percentage is that

way, but the setbacks are identical to R-1, which he believes should be

addressed at the Planning Advisory Commission. He suggested that the minimum

lot width be 110 or 115 and the side footage, instead of 10 feet, it should be

20 feet.

Mayor Pro Tem Rodgers suggested that this matter be discussed in a

worksession. Councilor Henderson said that he would hope that we are sending a

comprehensive recommendation to the Planning Advisory Commission which includes

an evaluation and some comments as to whether or not this is the only step that

needs to be in place.



There was a lengthy discussion on this matter with various Councilors

expressing their views. There was some questions as to whether the entire

Comprehensive Plan is ready has been completed, at which time, City Manager

Cavezza pointed out that we have a consultant that has given us their

preliminary report that addresses these issues, but since we were told to move

forward with the half acre, we basically reserected what the Council had on the

books once before.



There was some discussion as to whether the half acre lot sizes would

solve all of the problems that the Council could be confronted regarding the

panhandle area.

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

CITY ATTORNEY?S AGENDA:



THE FOLLOWING ORDINANCE WAS SUBMITTED BY CITY ATTORNEY FAY AND WAS

INTRODUCED ON FIRST READING:



An ordinance - Amending Chapter 13 of the Columbus Code so as to prohibit

smoking of tobacco during regularly scheduled games on playing fields, in

dugouts and within 25 feet of bleachers or permanently affixed spectator seats

located at any City park or recreational facility.



Councilor Suber expressed concerns in that he does not believe that the

Public Safety should have dealing with this particular situation. He added

that we cannot legislate everything that is going to approach everything that

is going to be offensive to a number of folks.



There was continued discussions on this matter with Councilor Smith

responding to the concerns of Councilor Suber. Councilor Henderson requested

that the enforcement aspect regarding this ordinance be scheduled for a work

session.



Councilor Woodson suggested that before this matter is listed for the

worksession that the staff look into having volunteers to go through the police

academy as a means of assisting the the enforcement of laws in the parks and

have that as part of the discussion.



*** *** ***



THE FOLLOWING RESOLUTION NOT LISTED ON THE AGENDA WAS SUBMITTED BY CITY

ATTORNEY FAY AND ADOPTED BY THE COUNCIL:



A Resolution (2-02) ? Congratulating Shirley Franklin on winning the

election and being sworn into office as Mayor of Atlanta. Councilor Turner

Pugh moved its adoption. Seconded by Councilor Smith and carried unanimously

by those ten members present for this meeting.

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

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

PUBLIC AGENDA:



MR. CHARLES MICKLE, RE: REQUEST FOR A PUBLIC HEARING ONA REZONING

PETITION RECOMMENDED FOR DENIAL BY BOTH THE PLANNING ADVISORY COMMISSION AND

THE PLANNING DIVISION (66-D-01-MICKLE):



As Mr. Mickle was approaching the podium, Councilor McDaniel immediately

called for the public hearing on this matter.

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

CITY MANAGER?S AGENDA:



THE FOLLOWING RESOLUTIONS WERE SUBMITTED BY CITY MANAGER CAVEZZA, WITH

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

AND ADOPTED BY THE COUNCIL UPON THE ADOPTION OF A SINGLE MOTION MADE BY

COUNCILOR POYDASHEFF AND SECONDED BY COUNCILOR HENDERSON WHICH CARRIED

UNANIMOUSLY BY THOSE TEN MEMBERS OF COUNCIL PRESENT FOR THIS

MEETING:





A Resolution (4-02) ? Authorizing a request to execute an

Intergovernmental Agreement between the Consolidated Government of Columbus

Georgia and the Development Authority of Columbus Georgia.



A Resolution (5-02) ? Authorizing a request to negotiate a master lease

agreement with Cricket Georgia Property Company for the construction of a

communication tower located at Woodruff Farm Park.



A Resolution (6-02) - Authorizing a request to purchase four parcels of

property lying adjacent to the Riverwalk on Riverside Avenue between 27th

Street and 25th Street West of 1st Avenue known as Tax Map Parcel

007-011-001,7,8,9 & 11.



A Resolution (7-02) ? Authorizing a request to purchase six parcels of

property lying near the Riverwalk fronting Riverside Avenue consisting of 67

+/- acres of land a/k/a Tax Map Parcels 007-012-007, 8, 9, 10, 11 & 12. An

agenda report, map and resolution are attached.



*** *** ***



THE FOLLOWING THREE 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 POYDASHEFF AND SECONDED BY

COUNCILOR ALLEN WHICH CARRIED UNANIMOUSLY BY THOSE TEN MEMBERS OF COUNCIL

PRESENT FOR THIS

MEETING:





A Resolution (8-02) - Authorizing the negotiation of a contract with

Jordan, Jones & Goulding for GIS Consulting Services.



A Resolution (9-02) - Authorizing payment to Muscogee County School

District for transportation services in the amount of $14,949.25.



A Resolution (10-02) - Authorizing to execute a contract with New Horizon

as a service provided for the Juvenile Drug Court Grant.



*** *** ***



PSALMOND ROAD SUPER CENTER:



City Manager Cavezza announced the ribbon cutting ceremony for this

Saturday Morning, January 12, 2002, at 10:00 a.m., at the Psalmond Road Super

Center.



*** *** ***



COMMUNITY ASSESSMENT PERFORMANCE EVALUATION :



City Manager Cavezza advised that there would be a Community Assessment

Performance Evaluation public hearing to be held on January 10, 2002, in the

Government Center Annex Conference Room, at 6:00 p.m.



*** *** ***



HOUSING AUTHORITY:



Councilor Woodson asked City Manager Cavezza to check with the Housing

Authority to find out why homeless individuals are not authorized to live in

the Housing areas, because there were some concerns expressed by a gentleman

regarding this matter.



*** *** ***



INTERNAL LIGHTING:



Councilor Allen asked City Manager Cavezza to check into previous comments

that were made concerning photometric testing procedures for commercial areas

that would be having excessive lighting. City Manager noted the photometric

testing procedures and mentioned that if there is such a system in place; then,

we may want to make that a standard procedure, when we speak of internal

lighting.



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

CLERK OF COUNCIL'S AGENDA:



MINUTES OF THE FOLLOWING BOARD WAS SUBMITTED BY DEPUTY CLERK OF COUNCIL

DAVIS AND OFFICIALLY RECEIVED BY THE

COUNCIL:





Airport Commission, October 25, 2001.

Board of Tax Assessors, Number 48 & 49.

Building Contractors Examining Board, December 6, 2001.

Community Development Advisory Council, September 18, 2001.

Council Briefing, October 9, 2001.

Development Authority, October 17, 2001.

Development Authority, November 7, 2001.

Development Authority, November 27, 2001.

Health, Board of, November 28, 2001.

Housing Authority, November 29, 2001.

Keep Columbus Beautiful Commission, December 11, 2001.

Zoning Appeals, Board of, October 3, 2001.

Zoning Appeals, Board of, November 7, 2001.

Zoning Appeals, Board of, December 5, 2001.





Councilor Poydasheff moved the minutes be received. Seconded by Councilor

Allen and carried unanimously by those ten members present for this meeting.



*** *** ***



THE FOLLOWING NEW ZONING PETITIONS WERE SUBMITTED BY DEPUTY CLERK OF

COUNCIL DAVIS AND A PUBLIC HEARING WAS CALLED BY COUNCILOR

ALLEN:





Petition submitted by Developers-Investors, Inc. to rezone various

properties located at 7921, 7915, 7920, 7926, 7932, 7938 & 7944 Ballantyne Way;

and south of Boone Links Lane from a R-1 and C-3 Districts to a R-3A District.

(Recommended for approval by both the Planning Advisory Commission and the

Planning Division.) (63-A-01-Developers-Investors, Inc.)



Petition submitted by Adams Properties of Columbus, Inc. to rezone

approximately 0.7228 acres of property located at 2401 Whittlesey Road from a

M-1 District to a C-3 District. (Recommended for approval by the Planning

Advisory Commission and conditional approval by the Planning Division.)

(64-CA-01-Adams Properties of Columbus, Inc.)



Petition submitted by Cunningham & Co., Engineers to rezone approximately

0.46 acres of property located at 1182 and 1190 Tate Drive from a C-2 District

with the deletion of condition #1 of Ordinance 00-34 to a C-2 District under

the Buffer Ordinance requirements. (Recommended for denial by both the Planning

Advisory Commission and the Planning Division.) (65-D-01-Cunningham & Co.,

Engineers) (Letter from Mr. Cleve Cunningham, P. E. of Cunningham & Company

Engineers was submitted requesting that a public hearing be called on this

rezoning petition.)



*** *** ***



THE FOLLOWING REZONING PETITION WAS SUBMITTED BY DEPUTY CLERK OF COUNCIL

DAVIS AND A PUBLIC HEARING WAS CALLED FOR AS RATIFIED BY COUNCILOR MCDANIEL

DURING THE TIME OF THE PUBLIC

AGENDA:





Petition submitted by Charles Mickle to rezone approximately 0.32 acres of

property located at 3002 Victory Drive from a C-3 District to a C-1 District.

(Recommended for denial by both the Planning Advisory Commission and the

Planning Division.) (66-D-01-Mickle)



*** *** ***



BOARD APPOINTMENTS:



There were no nominations submitted for the following boards with the

exception of the Community Development Advisory Council.



*** *** ***



BUILDING CONTRACTORS EXAMINING BOARD:



Deputy Clerk of Council Davis advised that the position of Mr. Sam Hartin

on the Building Contractors Examining Board has expired. She then asked if

there were any nominations today. There were none.



*** *** ***







CIVIC CENTER ADVISORY BOARD:



Deputy Clerk of Council Davis pointed out that Council District Five and

Council District Seven have vacancies on this board, but there were not any

nominations.



*** *** ***



COMMUNITY DEVELOPMENT ADVISORY COUNCIL:



The two positions are Spencer Garrard, Council District 6, and Mr. Wade

Burford, Council District 10- At-Large. Councilor Henderson nominated Mr. Gary

Allen Jones for the Council District 10- At-Large position. Councilor

Poydasheff moved confirmation. Seconded by Councilor Suber and carried

unanimously by those seven members present for this meeting.



*** *** ***



EMERGENCY MANAGEMENT ADVISORY BOARD:



Deputy Clerk of Council Davis advised that there are four individuals that

can succeed themselves. Councilor Poydasheff than renominated those

individuals and are listed as follows: Mr. David Grindle, Mr. Gary Allen

Jones, Timmy Hess and Mr. Thomas Craddock. She also pointed out that there are

two individuals that cannot succeed themselves and are listed as follows: Mr.

James Thorsen and Mr. Mark Adams.



*** *** ***



HOUSING AUTHORITY:



With Mayor Peters having left the meeting and was not present at this

time, Deputy Clerk of Council Davis advised that this matter would be carried

over to the next meeting. The position is of Ms. Beatrice Grant, the resident

member, on the Housing Authority who is not eligible to succeed herself.



*** *** ***



LAND BANK AUTHORITY:



Deputy Clerk of Council Davis stated that Ms. Patricia Hedges is no longer

a resident of Muscogee County. She then asked if there were any nominations

today, but there were none.



*** *** ***



PERSONNEL REVIEW BOARD:



Deputy Clerk of Council Davis pointed that Mr. Emmitt Day, who serves as a

regular member, and Ms. Veronis Hall, who serves as an alternate member, are

both eligible to serve another term of office. Councilor Allen then

renominated both individuals for a new term.



*** *** ***



RECREATION ADVISORY BOARD:



Deputy Clerk of Council Davis advised that we would have to defer this

matter, because Mr. Eddie Obleton serves as the School Board Representative,

and we would need to wait until the School Board holds their next meeting.



TREE EXPERTS, BOARD OF:



Deputy Clerk of Council Davis said the term of office of Mr. Donald

Campbell expired on December 31, 2001; Mr. Campbell cannot succeed himself.

Councilor McDaniel suggested that the Deputy Clerk of Council contact Mr.

Milton Jones to see if he was interested in serving on this board.



*** *** ***



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

Henderson then made a motion for adjournment. Seconded by Councilor

Poydasheff. Mayor Pro Tem Rodgers then asked if there was anyone present in

the audience who had a matter they would like to bring before the Council, at

which time, no one came forward.



Mayor Pro Tem Rodgers asked City Attorney Fay to prepare a resolution to

be sponsored by the entire Council expressing support of naming the Federal

Court House after Mr. J. Robert Elliott. He then called attention to the

motion for adjournment which carried unanimously by those ten members present

for this meeting at 12:08 p.m.



*** *** ***







Sandra T. Davis

Deputy Clerk of Council

The Council of Columbus, Georgia