Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

JUNE 21, 2005





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

to order at 9:00 A.M., Tuesday, June 21, 2005, 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 Rodgers were

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

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

City Manager Isaiah Hugley, City Attorney Clifton Fay, Assistant City Attorney

Jamie Deloach, Clerk of Council Tiny B. Washington and Deputy Clerk of Council

Sandra Davis were also present.



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ABSENT: Councilor Evelyn Woodson was absent.



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



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PLEDGE OF ALLEGIANCE: Led by the Columbus Community Center.

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CITY ATTORNEY?S AGENDA:



WITH MRS. DEBBIE NIXON STANDING AT THE COUNCIL TABLE, THE FOLLOWING

RESOLUTION WAS READ IN ITS ENTIREY BY MAYOR PRO TEM RODGERS AND ADOPTED BY THE

COUNCIL:



A Resolution (308-05) - Commending and congratulating Mrs. Debbie Nixon,

First Lady of the 75th Ranger Regiment upon being recognized for her service to

Ranger families. Mayor Pro Tem Rodgers moved the adoption of the resolution.

Seconded by Councilor McDaniel and carried unanimously with those nine members

of Council present for this meeting standing to cast their affirmative votes.



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WITH THE TEACHERS AND MEMBERS OF THE CARVER HIGH SCHOOL?S ALLIED HEALTH

CLUB STANDING AT THE COUNCIL TABLE, THE FOLLOWING RESOLUTION WAS READ IN ITS

ENTIRETY BY COUNCILOR SUBER AND ADOPTED BY THE

COUNCIL:





A Resolution (309-05) - Commending and congratulating the

Carver High School?s Allied Health Club upon recently competing in the Health

Occupation Students of America (HOSA) state competition in Augusta, Georgia.

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

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

this meeting.



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WITH THOSE NAMED IN THE RESOLUTION STANDING AT THE COUNCIL TABLE, THE

FOLLOWING RESOLUTION WAS READ IN ITS ENTIRETY BY COUNCILOR ALLEN AND ADOPTED BY

THE COUNCIL:



A Resolution (310-05) - Commending and congratulating

Columbus Consolidated Government employees that have completed

all of the requirements of the Management Development Program. Councilor Allen

moved the adoption of the resolution. Seconded by Mayor Pro Tem Rodgers and

carried unanimously by those nine members of Council present for this

meeting.

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ZONING PUBLIC HEARINGS:



THE FOLLOWING ZONING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY

ATTORNEY FAY AND AFTER MORE THAN AN HOUR OF DISCUSSION WAS DELAYED BY THE

COUNCIL AT THE REQUEST OF COUNCILOR DAVIS:_______



An Ordinance - Rezoning property located at 7100 Britton Road is proposed

for rezoning from R-1 (Low Density Residential) District to R-2 (Low Density

Residential) District. (21-CA-05-Ray M. Wright, Inc.)



City Attorney Fay pointed out that this ordinance is on first reading again

with the amended conditions, Number 3 & 6. He said Mr. Robert McKenna is

present here this morning and then asked if there was anyone who wanted to be

heard on this matter.

Councilor Henderson said he is not advocating closing the road, but said

he knows that at one point, Mr. McKenna?s client had agreed, if desired, he

would contribute toward the closing and cul-de-sac of Britton Road. He said he

just wants to make sure that the residents understand that this is their

opportunity, because after the development is completed; then, if they want to

come back and want it cul-de-sac then there isn?t any money to do that. He said

the opportunity is presenting itself now. He said he has talked with the staff

and some of the public safety representatives and they have all indicated from

a safety standpoint to closing Britton Road and because of the nature of that

curb when you come down River Road and head down Britton Road, with the

additional traffic it could and will probably cause a significant increase in

accident opportunities out there.



He said he didn?t know if Mr. McKenna had communicated with the residents

out there and how they felt about it. He said at first it may not look like a

good idea, but said down the road, it?s going to be tough to come back and do

it. He said he didn?t know where this aspect stood, and whether or not it had

been involved in any of the negotiations.



Mr. McKenna said they had talked on several occasions with the residents

about closing the road. He said some of them want it and some of them don?t and

he is not sure where that stands. He said they are in favor of closing the road

and are willing to close it off and cul-de-sac that road.



Councilor Henderson said if we are going to do that, he thinks it would be

in our best interest, the developer?s, as well as the citizens? best interest

to tie it to the rezoning ordinance.



He said he don?t want to force that on anyone, because he thinks that was

an issue that needed to be negotiated and discussed between the residents. He

said he didn?t know if this had come up during the negotiations.



Councilor Anthony asked if we are comfortable with being fair and

consistent across the county with a 2-step jump in terms of this rezoning. He

said we are going from an R-1 to an R-2. He said would we be comfortable doing

this in other districts.



Mayor Poydasheff said that would depend on all the facts and

circumstances, just as this zoning did. He said there were some great

compromises done. He said facts and circumstances would dictate what the

Council wishes to do in the future.



Councilor Davis said he talked with the residents and neighbors in the

area and at this point, they are opposed to closing the road.



Discussion continued on this proposed rezoning for some time with several

members of the Council continuing to express their views on this matter, with

Mr. McKenna, as well as Mr. Will Johnson of the Planning Division staff

responding to various questions of the members of the Council.



As it relates to the issue of closing Britton Road, Councilor Davis said

even though the residents are opposed to closing the road, there are three

things that he thinks we need to look into. (1) Possibly changing the speed

from Mobley Road to Britton Road. (2) Look at the possibility of putting in a

caution light in the area similar to the ones they use in the school districts.

He said he thinks that this will help to make people aware that there are going

to be cars pulling in and out of that area. (3) Talk to the Georgia Department

of Transportation about the possibility of taking that hump out of the road, so

you can see.



Mayor Poydasheff said he thinks that our fundamental concern should be

safety. He said he thinks this should be the overriding factor of either

keeping it open or closing it. He said he would think that closing the road

would impede public safety and opening it would not.



Referring back to those earlier comments of Councilor Anthony as it

relates to a higher density, Councilor Henderson said he thinks that the

precedent has been set in that a higher density zoning classification has been

acceptable when it is on the interior as long as the exterior lots touching the

contiguous lots are similar in size of zoning classification. He said we say

that in the Whitesville Road zoning out in Midland and he don?t see this as any

different. He said the zoning classification is R-2 and was an administrative

decision that was agreed upon with the staff and developer.



He said in actuality, the perimeter lots are all R-1A size and they are

going to be touching other R-1A and A-O pieces of property. He said a very good

faith effort has been made by the developer to try to make sure that the most

impacted lots, as it applies to increased density will be their own developed

lots.



Councilor Henderson said as it relates to the road closing, said he would

like for the staff to give us a recommendation by next week, from a public

safety prospective and a safety prospective for the residents that live in the

area.



City Attorney Fay said it might be better to come right behind this with a

separate ordinance, as the road closing. He said Mr. Ron Hamlett normally does

some kind of survey before a road closure.



Mayor Poydasheff said he would also like for them to make sure that we

talk to our public safety personnel as well.



Councilor Suber said he thinks that we also need to be cognizant of the

fact that there are a number of people who have asked that other roads be

closed and we have refused to do that. He said before we get the studies to

indicate that this road needs to be closed for safety or whatever reasons;

then, we need to make sure that all the diligent work has been done before the

decisions are made.



Mayor Poydasheff said there might be some citizens present that would like

to address this matter.



City Attorney Fay then opened the floor up to allow the opposition to be

heard and then called them forward.



OPPOSITION:



Mr. Ben Howard, 424 Dalton Drive said he was under the impression that

this zoning was being considered for an R-1A zoning instead of R-2. He said

that is what was discussed at the neighborhood meeting a week or so ago. He

said he understands now that it is actually R-2. He said he understands the

conditions with the lots. He said the conditions are the same, he wants it

call R-2 rather than R-1A and then asked if there is any problem in simply

making it R-1A. He said that way, the precedent is not set so that he can get

R-2 later on, because he owns more property on the street.



Councilor Davis said he and City Attorney Fay had this same conversation

several times and said he thinks it would be appropriate if he explained it to

the residents.



City Attorney Fay said normally inside a subdivision, you don?t have

piecemeal zoning of certain lots in R-1A and certain lots in R-2. He said what

the condition does is make all the perimeter lots subject to the

R-1A restrictions. He said in the Code without actually rezoning them as R-1A.



He said Condition #3 subjects those perimeter lots to all the R-1A

Size requirements, square footage and minimum lot width. He said they would be

subject to those restrictions.



After further discussions on this matter, City Attorney Fay then

responded to further concerns of Councilor Suber.



Ms. Sally Lassister, 6855 Ranch Forest Drive said their first desire is to

maintain the zoning as it is today. She said they are saying to put it down on

paper as R-1A if we have to make this one step move. She said R-2 is a two-step

move and said what kind of a precedent would this set for the rest of the

City. She said it would be their request to stay with the R-1A and not go to

the R-2.



Ms. Lassister then responded to questions of members of the Council.



After more than forty-five minutes of discussion of this subject, with

members of the Council expressing their further views on this matter, Councilor

Anthony then made a motion to amend the ordinance to a different

classification.



Councilor Anthony said he believes that we as a legislative body need to

have a consistent policy by which we follow and he respects what Councilor

Turner Pugh has been trying to do. He said he thinks she is trying to give us

some directives, so that we do and can in every situation use some consistency

in making decisions so that it doesn?t appear to be showing favoritism toward

one developer or not. He said if we start making substantial exceptions we

start making new rules.



Mayor Poydasheff then asked, what is the desire of the Council and is

Councilor Anthony going to be making any motion?



Councilor Anthony then made a motion that the entire development be

classified as an R-1A classification, and the exterior perimeter lots be

classified, as R-1A and the interior lots be R-2. Seconded by Councilor Suber.



Prior to the question on the motion being called, several members of the

Council expressed further concerns in this matter.



Mayor Poydasheff asked the staff to go back and check the records to see

exactly what was done with the Dave Erickson zoning in Midland.



After more than forty-five minutes of discussion on this subject, the

question was then called on Councilor Anthony?s motion to change the

classification on the zoning, which was defeated by a 3 -6 vote. Voting for the

motion was Councilors Anthony, Suber and Turner Pugh. Voting against the motion

was Councilors Allen, Davis, Henderson, Hunter, McDaniel and Mayor Pro Tem

Rodgers.



City Attorney Fay then asked if there was anyone else who wanted to be

heard on this zoning petition, but there were none.



City Attorney Fay said the ordinance would stay as it currently is on the

table. He said the lots listed in Condition Number 3 will be subject to the

square footage and lot wide size of R-1A property and will remain on the table

as amended. He said this ordinance would be vote on at the July 5th Council

meeting.



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THE FOLLOWING FOUR ZONING ORDINANCES WERE ALSO SUBMITTED AND EXPLAINED BY

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

ADVERTISED:





An Ordinance - Rezoning property located at 1372 Celia Drive is proposed for

rezoning from SFR2 (Single Family Residential 2) District to SFR3 (Single

Family Residential 3) District. (24-A-05-Kennon Realty Services, Inc.)



PROPONENTS & OPPONENTS:



An unidentified lady, apparently the petitioner, was present, but she did

not make a presentation, as there was no one present to oppose this proposed

rezoning ordinance,



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An Ordinance - Rezoning property located at 5031 Milgen Court is proposed

for rezoning from LMI (Light Manufacturing/Industrial) District to GC (General

Commercial) District. (25-A-05-Wright Building Co.)



PROPONENTS & OPPONENTS:



Mr. Scott Turk, representing the petitioner was present, but he did not

make a presentation, as there was no one present to oppose this proposed

rezoning ordinance.



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An Ordinance - Rezoning property located at 5812 & 5820 Buena Vista Road

and all lots fronting the Zenos Drive right-of-way is proposed for rezoning

from R-1A (Low Density Residential) District to R-2 (Low Density Residential)

District. (26-CA-05-Stahl)



PROPONENTS & OPPONENTS:



Mr. Marty Flournoy, representing the petitioner, was present and responded

to several questions of members of the Council.



Councilor Turner Pugh said one of the problems that she is having with

this rezoning is trying to look at the maps to see the property surrounding the

proposed rezoning. She said it is difficult for them to see what's on these

maps that are on the computers. She then asked Mr. Flournoy if he had a map to

put up on the screen this morning.



She said it appears that all of the property around this piece of property

is rezoned R-1A and this would be right in the middle where the petitioner

wants to rezone it R-2.



Mr. Flournoy said all of the property had been previously plated and said

it already has a maximum density. He said his client felt like it was the

better use of the property to allow green space around the perimeter and try to

take some of the nature wetland areas and preserve those. He said in looking at

Buena Vista Road there is a significant green space buffer and Mr. Stahl?s plan

is to have a homeowner?s association and they will own and maintain that green

space. He said esthetically, it would be a little nicer even though the lot

sizes are a little smaller. He said the price range of these homes will be

$140,000 plus and will be nice homes commensurate with the quality of the other

homes in the neighborhood. He said he thinks that he is trying to do the right

thing.



City Attorney Fay said this ordinance would be voted on at the July 5th

Council meeting.



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MAPS:



Councilor Turner Pugh said we are getting more and more rezoning requests

and said in looking at these maps on the computer, you really can?t see

anything. She said it?s nice to be in a technology age, but said when it comes

to rezoning issues she thinks that we need to have hard copies of these maps.



Mr. Will Johnson of the Planning Division said they can do it and will get

with Information Technology to see if there is a better way to get these maps

fully viewable on the screen.



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An Ordinance - Rezoning property located at 7855 & 7865 Cooper Creek Road

and a landlocked property southeast of 7855 Cooper Creek Road is proposed for

rezoning from SFR1 (Single Family Residential 1) District to RMF2 (Residential

Multi-Family 2) District. (28-CA-05-Deluxe Properties, Inc.)



PROPONENTS:



City Attorney Fay said Mr. McKenna is here representing the petitioner.



OPPONENTS:



Mr. John Kennedy, 7980 Cooper Creek Road said what is the condition in the

ordinance.



City Attorney Fay said there are nine (9) different conditions. He said

they have to do with lighting, visually hiding of the trash dumpsters,

screening for air conditioners, no exterior dumpsters located on the north,

south and east property lines. The property will be used for apartments only,

and a deceleration lane shall be required as determined by the Traffic Engineer.



Mr. Kennedy was provided with a copy of the ordinance.

City Attorney Fay said this ordinance would be voted on at the July 5th Council

meeting.



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THE FOLLOWING ORDINANCE WAS ALSO SUBMITTED AND

INTRODUCED ON FIRST

READING:



An Ordinance - Amending and increasing miscellaneous fees for the Police,

Sheriff and Coroner Departments and which were recommended by the Council

Budget Review Committee for the FY 2006 budget, and for other purposes.



THE FOLLOWING ORDINANCE WAS SUBMITTED

AND EXPLAINED BY CITY ATTORNEY FAY AND ADOPTED BY THE COUNCIL ON SECOND

READING:



An Ordinance (05-55) - Providing for the establishment of taxing

districts, including a county-wide general services district and two (2) urban

services districts and three (3) Business Improvement Districts (BID);

providing for the levy, assessment, and collection of taxes for Columbus,

Georgia within such districts for the year 2005 as provided under the Charter

of the Consolidated Government of Columbus, Georgia; providing penalties for

violations of the provisions of said ordinance; and for other purposes.

Councilor Turner Pugh moved the adoption of the ordinance. Seconded by

Councilor Suber and carried unanimously by those seven members of Council

present at the time, with Councilors Allen and McDaniel being absent for this

vote.

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PUBLIC AGENDA:



MR. TRAVIS WHITE, RE: NON-RENEWAL OF TAXICAB DRIVER?S PERMITS:



Mr. Travis White of 4443 Cusseta Road, Apt. #3C said he is here today

because he is a taxicab driver for Yellow Cab Company and said every year; they

are supposed to get their permit renewed by their birthday.

He said his birthday falls on July 5th; therefore, he went down to go ahead and

try to renew his permit ahead of time before the rush.

He said when he went down to renew his permit it was taken from him. He said he

went to court on last month on a fraud case, but said it wasn?t his fault. He

said someone stole his checkbook and wrote some checks. He said he filed a

police report, but when he went down to get a copy of the report, they couldn?t

find the check. He said none of the checks were written for over $100 and he

went ahead and paid the checks because he didn?t want to prosecute the person

who had stolen his checks because he was staying with the person. He said if he

would have filed charges against that person, he wouldn?t have anywhere to

stay.



Mayor Poydasheff asked Mr. White if he has been to the Taxicab

Commission. Mr. White said he hasn?t gone before the Commission, but said he

has spoken with several of them and said the only thing that they were going to

do is to point him to the City Council; therefore, he came on here.



Mayor Poydasheff asked City Manager Hugley to meet with Mr. White to find

out what all the facts are and then we can explore it with Lt. Ross and the

Taxicab Commission.



City Manager Hugley said he would meet with Mr. White.

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CITY MANAGER?S AGENDA:



THE FOLLOWING FIVE RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY

MANAGER HUGLEY AND ADOPTED BY THE COUNCIL:



A Resolution (311-05) ? Authorizing the execution of the

Certificate of Insolvent Tax FI. FAS. Levies from 1989 through 2001 as

submitted by the Tax Commissioner. Councilor McDaniel moved the adoption of

the resolution. Seconded by Councilor Suber and carried unanimously by those

nine members of Council present for this vote.



A Resolution (312-05) ? Authorizing the submission to apply for and

receive funds from the Georgia Department of Transportation to perform

transportation planning activities throughout the Columbus-Phenix City urban

area. Mayor Pro Tem Rodgers moved the adoption of the resolution. Seconded by

Councilor McDaniel and carried unanimously by those nine members of Council

present for this meeting.



A Resolution (313-05) ? Authorizing an agreement with Norfolk Southern for

railroad crossing improvements at Williams Road, Veterans/9th Street, Broad

Way/9th Street and 2nd Avenue/9th Street and other crossings as needed.

Councilor Henderson moved the adoption of the resolution. Seconded by Councilor

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



A Resolution (314-05) ? Authorizing a Memorandum of Understanding with

Eagle and Phenix City, LLC and Flournoy Construction Company for the

construction of the Riverwalk from the River Club to 13th Street as part of the

Riverwalk Master Plan. Councilor McDaniel moved the adoption of the resolution.

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

Council present for this meeting.

A Resolution (315-05) ? Authorizing the submission of an application and

accept grant funding from the Governor's Office of Highway Safety as a fiscal

agent for the Urban League of Greater Columbus.

Councilor Turner Pugh said she would like to request permission to abstain

from voting on this resolution since it is for the Urban League.

Mayor Pro Tem Rodgers then made a motion that Councilor Turner Pugh be

allowed to abstain from voting on this matter. Seconded by Councilor Allen and

carried unanimously.

Councilor Suber then moved the approval of the resolution. Seconded by

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

Council, with Councilor Turner Pugh abstaining.



*** *** ***

THE FOLLOWING TWO RESOLUTIONS WERE ALSO SUBMITTED AND EXPLAINED BY CITY

MANAGER HUGLEY AND ADOPTED BY THE COUNCIL PURSUANT TO THE ADOPTION OF A SINGLE

MOTION MADE BY MAYOR PRO TEM RODGERS AND SECONDED BY COUNCILOR ALLEN. WHICH

CARRIED UNANIMOUSLY BY THOSE NINE MEMBERS OF COUNCIL PRESENT FOR THIS MEETING:





A Resolution (316-05) ? Authorizing the acceptance of a deed to Valley

Crest Court and Valley Crest Drive Located in Valley Crest Subdivision and the

additional five (5) foot portion of land for the widening of St. Mary's Road on

behalf of Columbus, Georgia.

A Resolution (317-05) ? Authorizing the acceptance of a deed for that

portion of Kingsberry Street located in Section Three, Moonlake Subdivision, on

behalf of Columbus, Georgia.



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STREET ACCEPTANCES:



Councilor Davis said the developments that are done in phases, we have

talked about accepting streets in the first phase and then going in the second

phase and waiting until we make the decision to accept those streets. He said

at the same time, the first phase streets are being messed up while they are

still crossing over to do work in the second phase. He said we talked about

looking into that and seeing if there is a way that we can deal with those type

situations so the City wouldn?t be liable and come back in and repair roads.



He said he had asked for some information on this subject and then asked

City Manager Hugley if he would provide him a status report.



City Manager Hugley said he has asked Deputy City Manager Hugley to look

into that to determine how and if we can address your concern. He said he does

understand your concerns in that we accept a street and then when they come in

to do the second and third phase, they are yet bringing in the heavy trucks and

perhaps doing damage to the street after we have accepted them. He said he

knows that you would like to see us wait until that second or third phase has

been completed before we accept the street, because we would perhaps be

accepting a street that has been damaged due to the second and third phase

construction.



Councilor Davis said he thinks it would be wise from the City?s standpoint

to operate like that, because taxpayers won?t be liable and responsible for the

continued destruction of the roads.



City Manager Hugley said he has Deputy City Manager Bishop looking into

that.



Councilor Allen said he and former City Manager Cavezza discussed the same

thing and what he had pushed for was to wait until the entire subdivision is

built out before the two-year clock starts ticking on the street on our behalf.

He said we also talked about having the builder to put up a bond so if there

are any repairs needed during the first phase we could utilize the bond.



City Manager Hugley said he would bring back a report regarding what

Councilors Allen and Davis have recommended, to include the consideration of a

bond.



Mayor Pro Tem Rodgers said he thinks those ideas are well intentions, but

the only caution that he would issue, as we have been addressing this issue

ever since he has been down here. He said the one thing that we want to be

careful of, in the case of his subdivision, is taking almost 35 years to

develop out. He said he don?t know how you are going to deal with that although

he understands what the intent is. He said he think what we did initially was

upgrade the requirements for the subdivision roads to start with, to make sure

that they were capable of sustaining the traffic for the building material. He

said he would ask that you exercise some caution in that area.



THE FOLLOWING FIVE PURCHASING RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY

CITY MANAGER HUGLEY AND ADOPTED BY THE COUNCIL PURSUANT TO THE ADOPTION OF A

SINGLE MOTION MADE BY COUNCILOR MCDANIEL AND SECONDED BY MAYOR PRO TEM RODGERS,

WHICH CARRIED UNANIMOUSLY BY THOSE EIGHT MEMBERS OF COUNCIL PRESENT AT THE

TIME, WITH COUNCILOR SUBER BEING ABSENT FOR THIS VOTE:



A Resolution (318-05) ? Authorizing the approval of a contract

with Scott & Kerri Harbert to provide Management of Lake Oliver Marina. The

facility is comprised of a retail establishment, restroom, boat launching and

fishing docks located at 5501 River Road, known as Lake Oliver Marina. The

selected vendor will provide a strategy and implement a revenue producing,

recreational based service to those utilizing the park known as Lake Oliver.

In return for the right to manage Lake Oliver Marina, the vendor agrees to pay

the City, on a monthly basis, a percentage of the gross receipts. The term of

contract will be for one year. After the initial one-year term, the contract

will be renewed on a month-to-month basis. It is anticipated that the

renovation of Lake Oliver Marina may began within the next 2 years.



Councilor Allen said there is a gentleman who told him that he was here

today regarding the Lake Oliver Marina contract. He then asked the gentleman if

he wanted to be heard in this regard.



The unidentified gentleman said he is satisfied with the answer that he

received.



A Resolution (319-05) ? Authorizing the purchase of one (1) top

dresser from Kilpatrick Turf, in the amount of $22,500.00.

The top dresser is replacement equipment and will be used by the Parks Services

Division, of the Parks and Recreation Department, as an aerator to dress

athletic fields with sand.



A Resolution (320-05) ? Authorizing payment to Motorola Communications and

Electronics, Inc., in the amount of $81,000.42, to execute the FY06 annual

transmission system service contract for the City?s 800 MHZ radio communication

system. Through the award of RFP No. 149-91, the City established an Annual

Transmission System Maintenance contract with Motorola Communications and

Electronics, Inc., having renewed said contract each year. This contract

maintains highly technical transmission system components located at the Prime

site at WXTX-TV tower site, the River Road tower site, the Government Center

and 911 Center.



The Annual Transmission System Service contract runs from July 1, 2005

through June 30, 2006, and includes the previously adopted pricing schedule.

Motorola Communications and Electronics, Inc., is the manufacturer of the

equipment, and therefore, considered an only known source for this specific

maintenance. This contract provides for additions/deletions of radio equipment

maintained by the contract with each year?s renewal.



A Resolution (321-05) ? Authorizing the approval of payment for

attorney fees to Attorney James Elkins, in the amount of $12,761.53, pertaining

to the case of State of Georgia vs. Leon Tollette. Attorney Elkins is the

court appointed attorney for Tollette in Criminal Action File No: SU 96 CR

2290-6.



A Resolution (322-05) ? Authorizing the approval of an annual contract for

veterinary services with Macon Road Veterinary in the amount of $50.00 per

hour, not to exceed $700 per month; in addition the vendor will provide medical

supplies on an ?as needed? basis in the estimated annual contract value of

$15,000.00 per year. It is also requested that council rescind Resolution No.

570-02, which awarded the contract to Cooper Creek PetCare Hospital. Cooper

Creek PetCare Hospital was awarded the contract on May 1, 2003 to provide

Veterinary Services. The vendor has notified, Columbus Consolidated Government

that as of July 1, 2005 they can no longer fulfill the contract due to personal

reasons. Macon Road Veterinary was the next lowest responsive bidder and has

agreed to provide the services.



The veterinarian will make three visits a week and provide professional

advice to kennel personnel as it relates to caring for, or the euthanasia of

injured or sick animals on a weekly basis. The term of contract is for three

years, with the option to renew for two additional twelve-month periods.

Contract renewal is contingent upon the mutual agreement of the City and

Contractor.



*** *** ***



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

MANAGER HUGLEY AND APPROVED BY THE COUNCIL AFTER SOME

DISCUSSIONS:





A Resolution (323-05) ? Authorizing the execution of a two-year

lease agreement with Bash Sports Management for the use of the Civic Center for

indoor football. Councilor McDaniel moved the adoption of the resolution.



City Manager Hugley said Mr. Dale Hester has been working very hard on an

agreement for another indoor football league and said he has done a great job

with this. He said this agreement would be with Bash Sports Management of the

Atlantic Football League.



He said the owners are Andrew G. Haynes, and Brian Swillings. He said we

do anticipate them hiring 4 to 6 people. He said they would be having a news

conference some time today pending the Council?s approval of this agreement.



City Manager Hugley said this would be a two-year agreement with an option

to extend for three additional years. He said it is very close to the former

AF2 football agreement that we had, whereby the rent would be $3,500 per night

with $1,000 for staff requirements for a total of $4,500 each game. He said the

Civic Center would receive a number of other benefits to include concession

being split 70/30.

He said there is no cash investment on the part of the City other than

installing goal poles and said we expect that to cost under $300.

He said he is asking for the Council?s consideration to approve this

resolution.





Councilor Henderson said he would like to congratulate Mr. Hester, his

staff and the Administration for pursuing this. He said it is another

opportunity for the citizens of Columbus and said what they do with it will

remain to be seen. He said hopefully, they would take advantage of this second

chance for indoor football.



He said he didn?t receive a copy of the fax on yesterday and said to be

asked to approve a contract that was provided to him this morning makes him a

little nervous. He said the only reason that he is going to go ahead and vote

for it, because he understands it is extremely similar to the one that we have

in existence.



Councilor Henderson said he would ask that if they could be given at least

24 ? 48 to try to review these contracts in the future. He said he hasn?t had a

chance to review it, but on the staff?s recommendation and the assurance that

it is similar to the previous one, he will support it.



City Manager Hugley, as well as Mr. Dale Hester then responded to further

questions of the Council and also pointed out that the City Attorney did look

over this contract and approved it.



Mayor Pro Tem Rodgers then seconded the motion to approve the resolution,

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

meeting.

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

CLERK OF COUNCIL?S AGENDA:



THE FOLLOWING ITEM WAS SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR AND COUNCIL:



(1) Notice from GMA, Re: The Summer Training Program, August 24, 2005, in

Athens, Georgia.



*** *** ***



THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CLERK OF COUNCIL

WASHINGTON AND APPROVED BY THE COUNCIL:



A Resolution (324-05) - Approving a Special Exception Use to

construct a daycare center and private school at 6036 Buena Vista Road. Mayor

Pro Tem Rodgers moved the adoption of the resolution. Seconded by Councilor

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

meeting.



*** *** ***



THE FOLLOWING APPLICATION FOR A TAXICAB OWNER?S BUSINESS LICENSE WAS

SUBMITTED BY CLERK OF COUNCIL WASHINGTON AND APPROVED BY THE

COUNCIL:





Application of Mr. Henry Frazier for a taxicab owner?s business license

to operate Independent Cab Company, to be located at 909 East 280 By Pass,

Phenix City, Alabama 36867.



Mayor Pro Tem Rodgers moved approval of the application. Seconded by

Councilor Allen and carried unanimously by those nine members of Council

present for this meeting.



*** *** ***



CONVENTION & VISITORS BOARD OF COMMISSIONERS:



Clerk of Council Washington submitted a letter from Mr. Peter Bowden

advising that Ms. Carroll Calhoun has resigned her seat on this board and

pointed out that this is the Mayor?s appointment and he is recommending Ms.

Susan Lawhorne to fill the unexpired Historic Columbus Foundation

representative seat on the Columbus Convention and Visitor?s Bureau Board.



Mayor Pro Tem Rodgers then moved Ms. Carol Calhoun?s letter of resignation

be received with regrets and that Ms. Lawhorne be confirmed to succeed Ms.

Calhoun. Seconded by Councilor Henderson and carried unanimously by those nine

members of Council present for this meeting.



*** *** ***



MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND OFFICIALLY RECEIVED BY THE COUNCIL:



C.I.R.C.L.E, May 10, 2005.

Public Safety Advisory Commission, May 19, 2005.

Tax Assessors, No. 23-05.

Uptown Fa?ade Board, May 16, 2005.



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

Councilor Suber and carried unanimously by those nine members of Council

present for this meeting.



*** *** ***



THE FOLLOWING NEW ZONING PETITION, RECOMMENDED FOR APPROVAL BY THE

PLANNING ADVISORY COMMISSION AND CONDITIONAL APPROVAL BY THE PLANNING DIVISION

WAS SUBMITTED BY CLERK OF COUNCIL WASHINGTON AND AN ORDINANCE AND PUBLIC

HEARING WAS CALLED FOR BY COUNCILOR

MCDANIEL:





Petition submitted by Iglesia de Dios Pentecostal, M.I. to rezone

approximately 2.75 acres of property located at 2421 Victory Drive from LMI

(Light Manufacturing/Industrial) to GC (General Commercial). (31-CA-05-Iglesia

de Dios Pentecostal, M.I.)



*** *** ***



THE FOLLOWING RESOLUTION WAS SUBMITTED BY CLERK OF COUNCIL AND RECEIVED BY

THE COUNCIL:__

____________



Clerk of Council Washington pointed out that we have received the

resolution from the Muscogee County Board of Education setting a millage rate

of the fiscal year ending June 30, 2006 and said that it needs to be received

by the Council.

Councilor Henderson moved the resolution be received. Seconded by

Councilor McDaniel and carried unanimously by those nine members of Council

present for this meeting.



*** *** ***



THE FOLLOWING RESOLUTION, NOT LISTED ON THE AGENDA WAS SUBMITTED BY CLERK

OF COUNCIL AND APPROVED THE COUNCIL:__



A Resolution (325-05) - Excusing Councilor Woodson from the June 21, 2005

Council Meeting. Councilor Henderson moved the adoption of the resolution.

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

Council present for this meeting.



*** *** ***



BOARD APPOINTMENTS:



CIVIC CENTER ADVISORY BOARD:



Clerk of Council Washington pointed out that she has contacted the Young

Professionals Organization and that they are working on trying to get a nominee

for Councilor Woodson?s District for someone to replace Mr. Gerardo Ricci ?

District 7.



*** *** ***



C.I.R.C.L.E:



Clerk of Council Washington pointed out that Mr. James Sakakibara and Ms.

Lee Miller have resigned their positions on C.I.R.C.L.E. She pointed out that

the Council must appoint someone to Mr. Sakakibara?s position and the Mayor

must appoint someone for Ms. Miller?s position.

There were no nominations made.



*** *** ***



KEEP COLUMBUS BEAUTIFUL COMMISSION:



Clerk of Council Washington pointed out that she has outlined

those positions on the Keep Columbus Beautiful Commission that will be expiring

at the end of this month. She pointed out that on last week Mayor Pro Tem

Rodgers nominated all those incumbents who are eligible to succeed themselves

for another term of office and that they may now be confirmed. Seconded by

Councilor Henderson and carried unanimously by those nine members of Council

present for this meeting. She said those confirmed includes the following.



Ms. Eva Smith, Mr. William Kendall, Ms. Linda McLemore,

Ms. Virginia Dickerson, Marie Lewis, Mr. James Miller, and Mr. Carlton

Gardner.



Clerk of Council Washington also pointed out that there are some

additional seats that the Council must make nominations for, which

includes the following individuals, as they are not eligible to

succeed themselves and/or is no longer a resident of Muscogee

County.



She said the Commission has submitted a list of recommendations to be

considered by the Council.



Susan Anderson, Julie Bray, Bill Green, Jan Pease, Susan Berry, Joan

FreemanCargill, Stan Stovall, Robert Gooch, James Grant,



The following are the recommendations from Keep Columbus

Beautiful Commission:



Priscilla Marshall to replace Susan Anderson

Paula James - to replace Julie Bray

Melanie V. Slaton - to replace Bill Green

Susie Hamlet - to replace Susan Berry

Beth Burgin - to replace Joan Freeman Car gill

Cheryl Johnson - to replace Stan Stovall

Sandra E. Mason - to replace Robert Gooch

Kenneth Queen - to replace James Grant



There was no action taken on the Commission?s recommendations as outlined

above.



*** *** ***



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

address the Council, they could be heard at this time.



Mr. Owen Ditchfield said he would like to thank the City for all the

preparations that they did for BRAGG. He said despite the fact that it rained

and many of the bicyclists didn?t get a chance to visit some of the things that

we had to offer, he spent a lot of time on the road telling people that they

needed to come back to Columbus to see the good things. He said he would like

to commend Public Services and everyone else who was involved in that event.



*** *** ***



SOCCER TOURNAMENT:



Mayor Poydasheff said we had another soccer tournament this past weekend

and said he would like to thank Councilor Davis for what he has done, as well

as a job well done to the City Manager and his staff.



*** *** ***



Mr. Helen Jones, 2307 Tucker Drive said she understands that there is a

possibility that the Conditional Discharge Program may be discontinued. She

said she would like for the Mayor & Council to meet her son, who is a success

product of the diversion program.



Mayor Poydasheff said they have retained that program and the funds are in

the budget.



Anthony Jones said he is here in summer school at Columbus State and said

his former probation officer told him about the Conditional Discharge Program

and said he just wanted to come before the Council and let you know how the

program has helped him.



Mr. Jones said he is in college and will be graduating next May with a

degree in Biology. He said he just wanted to let you know that whatever

decision you were looking to make, just put it on your hearts and minds to

reconsider.



He said he thinks that we really need this program and said he just want

you to know that this program does work and we really need to keep it.



Several members of the Council then thanked Mr. Jones for coming to this

Council and letting us know of his success story.



Ms. Jacqueline Valentine, 4832 Wellborn Drive said she came before the

Council on last week and spoke about these same programs and said she just

wanted to thank you for hearing them out and trying to help with the program.

She introduced her son who is currently in the program.



She said her son is in the program because he skipped school. She said at

the time that this incident occurred, she had just gotten out of the hospital.

She said when she went to the Juvenile Court system, they just wanted to speak

with him, but said she asked them to give him a harsher punishment so that he

could see the error of his ways before the situation got out of hand.



Ms. Valentine said she just wanted to thank the Council for what they are

doing with these programs.



Ms. Thelma Cowell, 1901 Nina Street, Apt 60A-8 said she is here to support

these programs, because they have truly helped her with her grandson. She said

her grandson has already tried to make friends with the wrong group of people.

She said this program has been a great help to her as a grandparent raising a

second set of children. She said their mother passed away in 2002 and said she

is trying to do the best she can in taking care of them.



She said he has another brother and a younger sister and she is trying to

get him to understand that he is the one that they are going to look up to. She

said with the Juvenile Diversion Program has been a lot of help to her and she

is praying that the program stay in effect so that it can continue to help her

grandchild and other kids.



Councilor Suber said what he would like to see to all the citizens who are

concerned about this program being cut, is that we had budget review sessions

and he would encourage you to call the Council members and let us know that you

want to be heard about these particular programs and come down to these

meetings.



*** *** ***



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

Tem Rodgers then made a motion for adjournment. This meeting adjourned at 10:40

A. M.







Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia