Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

WORK SESSION

NOVEMBER 26, 2002





The regular monthly Work Session of the Council of Columbus, Georgia was

called to order at 9:00 A.M., Tuesday, November 26, 2002, in the Council

Chambers, Government Center, Columbus, Georgia. Honorable John J. Rodgers,

Mayor Pro Tem, presiding.



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PRESENT: Present other than Mayor Pro Tem Rodgers were Councilors R. Gary

Allen, Glenn Davis, Berry Henderson, Julius H. Hunter, Jr., Richard Smith,

Nathan Suber and Evelyn Woodson. Councilors Charles E. McDaniel, Jr. and Evelyn

Turner Pugh arrived at 9:02 a.m. City Manager Carmen Cavezza, City Attorney

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

Sandra Davis were also present.



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ABSENT: Mayor Bobby G. Peters was absent.



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INVOCATION: Led by Pastor Larry Biggers- Northside Chapel.



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PLEDGE OF ALLEGIANCE: Led by Councilor Henderson.

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MINUTES: Minutes of the November 19, 2002 meeting of the Council of the

Consolidated Government of Columbus, Georgia were submitted and approved

unanimously by those nine members present for this meeting, upon the adoption

of a motion made by Councilor Suber and seconded by Councilor Allen.

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CONSENT AGENDA:



THE FOLLOWING TWO ORDINANCES SUBMITTED BY CITY ATTORNEY FAY WERE ADOPTED

ON SECOND READING BY A SINGLE VOTE MADE BY COUNCILOR SUBER AND SECONDED BY

COUNCILOR WOODSON AND CARRIED UNANIMOUSLY BY THOSE TEN MEMBERS PRESENT FOR THIS

MEETING:



An Ordinance (02-114) - Amending Condition #6 of Ordinance No. 96-116 so

as to allow access to 2nd Avenue and to deny access to 42nd Street.

(56-A-02-KeeMed Enterprises, Inc.)



An Ordinance (02-115) - Amending Columbus Code Section 20-14.16 which

regulates vehicular traffic in Columbus, Georgia by establishing a handicap

parking space on Broadway beginning 22 feet south of the south curb of 11th

Street and running south along the east curb a distance of 13 feet; and

authorizing the installation of official traffic control signs indicating a

handicap parking space.



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THE FOLLOWING TWO RESOLUTIONS WERE SUBMITTED AND APPROVED BY THE COUNCIL

UPON A SINGLE MOTION MADE BY COUNCILOR SUBER AND SECONDED BY COUNCILOR WOODSON

WHICH CARRIED UNANIMOUSLY BY THOSE TEN MEMBERS PRESENT FOR THIS

MEETING:





A Resolution (669-02) - Authorizing a request to pay employees for unused

sick leave in accordance with Section 16B-15-6(2) of the Columbus Code of

Ordinances.



A Resolution (670-02) - Authorizing a request to submit an application and

if approved accept a grant from the Knight Foundation/National Trust

Preservation Development Initiative for the Midtown Project.



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COMP PLAN MEETING (DISTRICTS 8 & 10):



City Manager Cavezza reported that we had another Comp Plan Meeting last

evening for Districts 8 and 10. He said that we received a lot of good input.

He reminded everyone that the next one is on December 2, 2002, at 6:30 p.m., at

the Government Center Annex for Planning District 9.



UPCOMING EVENTS:



City Manager Cavezza made the following announcements regarding some

upcoming events and are listed as follows:



? Legislative Luncheon: On December 3, 2002, at 7:00 p.m., there would be the

Mayor, City Council, School District, Chamber, State Delegation Legislative

Luncheon.



? Night of Lights: On December 5, 2002, at 6:30 p.m. the Night of Lights would

be held, at the Phenix City Amphitheater.



? Chattahoochee/Flint River Meeting: On December 5, 2002, at 6:30 p.m.the

Apalache Cola Chattahoochee/Flint River Public Meeting that is being sponsored

by the Corp of Engineers, at the Trade Center



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GOODSON DRIVE:



Councilor Suber apologized to the citizens on Goodson Drive; he has spoken

to the City Manager about this. He said that we all should apologized, because

the citizens on Goodson Drive have been living with an individual, who lives in

that community, and his home and surroundings are atrocious. He said that we

need to bring forth all that we have within this City to make sure that this

individual cleans up his property. He believed this problem had been taken

care of, but was reminded yesterday that it had not been. He then asked the

Health Department to get involved to make sure that this individual cleans up

his property. City Manager Cavezza commented that we had inspectors out there

yesterday, and we should have a report on the status of that situation.



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WORK SESSION AGENDA:



CLUSTER INDUSTRIES - UPDATE:



City Manager Cavezza asked Mr. Mike Gaymon, from the Chamber of Commerce

to come forward to talk about the new initiative that the Chamber has with

Cluster Industries.



Mr. Mike Gaymon, Greater Columbus chamber of Commerce, came forward to

show appreciation for the opportunity to be present to address the members of

Council. He said that economic development is a long term process that is made

up of a lot of series of event. He reported that in April of 2001, we began

with an indepth look at where we are and where we want to be from an economic

development standpoint. He explained that a task force was formed with over

forty people from this region and spent almost two years developing strategies

for economic development. He advised that he has brought with him copies of

the report. He provided the names of various community and business leaders

that were involved in the development of this plan.



He then outlined the long-term strategy that was developed by Market

Street Services and are as follows:



? Economic Profile of business climate analysis



? Detail business cluster assessment



? Economic Development strategy



? Implementation process





Mr. Gaymon pointed out that the two major pieces of all of this strategy

work is work force attainment and cluster industries. He reminded everyone

that he wanted to talk more about where we are with the cluster industries

analysis and marketing efforts. He pointed out that we wanted to look at some

permanent funding, and the Council graciously agreed to have some millage

applied to economic development; therefore, we want to talk about the clusters

that we have today and where we are headed in our strategies for doing so. He

then introduced the new Executive Vice President of Economic Development, Ms.

Becca Harding.



Ms. Becca Harding, Executive Vice President of Economic Development, came

forward to outline the six clusters of development, from which the assistance

was provided in this effort by Market Street Services. She said that we would

focus our economic development recruitment on these six clusters of

developments and are listed as follows:



? Government



? Information Services and technology



? Aircraft parts manufacturing



? Health services



? Communications



? Tourism



Using an overhead slide projector, Ms. Harding advised that we have

activities targeting all of these areas, but from a cluster development

standpoint, we wanted to pick one or two key areas and create a model that we

could use for the rest of the areas that would help us pursue our economic

development recruitment efforts and those two areas are: Information

Technology and Aircraft Manufacturing parts.



She continued to explain the reasoning for clustering, which would be to

assist with the overall economic development objective and that is to create

jobs in this region and to add capital investment. She advised that we have

identified an industry leader in this cluster, which is Mr. Lloyd Tyre from

Pratt and Whitney, and he has already agreed to be the committee chair to lead

the efforts for cluster development in the aircraft parts manufacturing. She

reported that for Information Technology, the key is to create a high-tech

incubator program and we are close to being able to break ground on this

initiative; this is a partnership with Georgia Tech. She pointed out that

Georgia Tech has agreed to run this incubator program and would be housed on

the campus of Columbus State University. She advised that Mr. Phil Tomlinson,

the President of TYSYS, would be chairing this task force. She added that we

already have $2 million committed to this project and we have written a grant

to the State of Georgia Authority for $500,000. She said that we are preparing

to break ground in the first quarter of 2003.



In conclusion, Ms. Harding explained that the goal is to begin the data

collection process and analysis to report back to the Council on how we are

doing with the cluster development during the first quarter of 2003.



Mr. Mike Gaymon commented that we would be coming to the Council from time

to time to provide updates on specific targeted efforts



City Manager Cavezza pointed out that in the public meetings that we are

having on the Comp Plan, one of the issues that continues to surface is

regarding businesses that vacate facilities; then, there is this vacant

building. He said that one of the benefits of this effort is that we may be

able to locate some of these new businesses in some of these vacated facilities

as we go through the process.



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UNIFIED DEVELOPMENT PLAN:



City Manager Cavezza admitted that the Council was provided with a

voluminous documemt. He emphasized that this is the first draft and the

presentation would be provided by the consultants, Mr. Marty Hodgkins and Mr.

Bill Ross from Duncan Associates. He briefly mentioned that that it basically

consolidates all of our development ordinances under one cover. He then asked

that Mr. Hodgkins come forward.



Mr. Marty Hodgkins, from Duncan Associates, approached the podium and using

an overhead projector proceeded with his presentation. (A copy of the entire

document titled Land Development Code is on file in the Clerk?s Office.) He

began by thanking the staff of the Engineering Department, Inspections and Code

Enforcement Division and the Planning Division for the amount of time

attributed to them. He then advised that he would like to provide an overview

of the proposed code and identify some major changes or additions to the code

and also respond to any questions. He explained that this is an attempt to

provide a unified land development code and we have consolidated seven or eight

individual ordinance that the Council has already adopted into a single

source. He said that are changes that are inclusive based on recent changes to

both State and Federal Laws. He pointed out that this document does not change

the Comprehensive Plan, but reflects a lot of the Comprehensive Plan in it. He

then briefly outlined the goals and objectives for updating the zoning

ordinances.



He outlined some of the major additions or changes to the existing code

that are being proposed and are listed as follows:



Chapter 1: General Provisions:



v Application Fees ? Request for the establishment of a consolidated fee

structure.





Chapter 2: Zoning Districts:



v Zoning Districts ? Create new names for a number of existing zoning districts



Three New Zoning Districts for large lot zoning districts:



o Residential Estate 10 Zoning (RE10) ? creates a zoning district that requires

10 acres per one dwelling unit.

o Residential Estate 5 Zoning (RE5) ? Creates a density of one unit per 5 acres.

o Residential Estate 1 Zoning (RE1) ? Creates a density of one unit per acre.



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o Elimination of Agricultural Zoning Districts

o Residential Transitional Zoning (RT) ? Creates a density of two units per

acre.

o Neighborhood Commercial Zoning District (NC) ? Establish a maximum size of

5,000 square feet for non-residential uses.

o Commercial Office Zoning District (CO)- Establish a new commercial zoning

district.

o Technical Zoning District ? Establishes a new industrial zoning district,

whose principal purpose is to provide a planned, ?campus-like? development

pattern.

o Overlay Zoning Districts ? Creates overlaying zoning districts as a method to

address specific problems or issues.

o Master Planned Overlay Districts ? Creates MPD as a replacement for planned

unit developments.





Councilor Turner Pugh asked questions regarding the single-family

residences being given a new classification of SFR1 and are broken down into

R-1 (low density) and R-3B Patio Home/Zero Lot line. She expressed concerns in

that R-1 and R-3B are not separated out. Mr. Hodgeskins responded by saying

that the intent is to allow in certain instances zero lot line dwellings as a

single-family dwelling in that zoning district. He explained that the intent

is to allow a diversity of housing types within the different zoning

districts. Councilor Turner Pugh then asked that we look further into this

particular matter.



There were continued discussions on this matter with Mr. Hodgeskins

responding to various questions from the members of Council. City Manager

Cavezza summarized what he believes the members of Council are speaking of is

there should be an R-1 equivalent in the proposal, because the concern is that

we may not have any R-1 areas anymore, because patio homes could be built in

the same zoning district.





Chapter 3: Use Regulations and Standards:



o Assessory Uses ? Requires presence of a principal use prior to establishment

of an accessory use.

o Variances from standards of Chapter 3. ? Prohibits the BZA from granting a

variance to any of the standards of Chapter 3.

o Table 3.1.1 ? Creates table for permitted, special exception and prohibited

uses.

o Bay and Garage Doors ? Requies the orientation of bay and garage doors away

from public street and residential zoning districts.

o Bed and Breakfast Inns ? Creates standards for this commercial use allowed in

certain residential zoning districts.

o Building and Construction Trades Office and Shop ? Limits size of office to

5,000 square feet in commercial zoning districts.

o Cemetery and Mausoleum- Allows cemeteries and mausoleums as accessory uses to

place of worship.

o Day Care, Type I ? Allows small day care centers in residential zoning

districts.

o Day Care, Type II ? Allows certain publicly oriented uses, such as places of

worship, offices and schools, to establish Type II day care centers.

o Day Care, Type III ? Allows large scale day care centers subject to certain

limits.

o Dwellings, Accessory ? Clarifies and consolidates standards applicable to

accessory dwellings.

o Home Occupations ? Significant revision and update of standards and practices

applicable to home occupations ? eliminates review of home occupation

applications by BZA.



Councilor Woodson asked about the limitation of foods for the Bed and

Breakfast Inns, at which time, Mr. Hodgeskins replied that the intent is to

make sure that the Bed and Breakfast Inn remains a use that is compatible with

residential areas. He added that this is a commercial use in a residential

zoning; therefore, it should not affect the surrounding area.



o Junk, Savage or Auto Wrecking Yard ? Clarifies requirements for screening

junk yards.

o Manufactured Housing ? Updates provisions standards applicable to

manufactured housing.

o Massage Therapy ? Allows establishment of therapeutic massage therapy.

o Office, Veterinary ? Allows veterinary offices adjacent to residential zoning

districts.

o Places of Worship ? Establishes standards applicable to place of worship.

(a) Establishes two classes of places of worship: (1) less than 500 seats or

(2) 500 or more seats.



Councilor Turner Pugh, referring back to the Bed and Breakfast Inn, asked

if we presently require the owners to reside at the inn, at which time, City

Manager Cavezza replied that we do not require owner-occupied inns.



o Recreational Vehicle Park ? Creates recreational vehicle park as a separate

use.

o Schools, Public and Private ? Requires special exception approval granted by

Council for establisment of a public or private school (2) Requires that public

and private schools comply with all requirements of the LDC, including

landscaping and parking.



Councilor Henderson pointed that there are references made to Page 65 but

his book does not go up to that page, at which time, Mr. Rick Jones the Zoning

Administrator advised that those pages were left out and would be provided this

afternoon.



o Self Service Storage ? Establishes basic standards for development of a serlf

service storage facility.

o Sexually Oriented Business ? Updates standards applicable to sexually

oriented business also known as adult eentertainment: (1) Maintains current

prohibition against sale of alcoholic beverages in a Sexually oriented

business. (2) Consistent with recent federal court decisions regarding

sexually oriented business.

o Telecommunications & Digital Exchange ? Creates telecommunications and

digital exchanges as a new use.

o Temporary Use or Special Event ? Creates temporary uses or special events as

a use subject to the LDC.

o Transitional Housing Facility, Type I ? Creates transitional housing

facilities as locations for individuals participating in substance abuse

programs: (1) Consistent with recent federal court decisions and legislation

regarding facilities for treatment of substance abusers.

o Transitional Housing Facility, Type II ? (1) Limits location to industrial

zoning districts.



Councilor Suber asked about the notification process for individuals

residing in that neighbor from the individuals that are planning to locate

transitional housing facility. City Attorney Fay recalled that there was some

discussions regarding a notification process, but he would have to get with the

Planning Division to see what were the categories. Councilor Suber then

requested that City Attorney Fay check to see if there is a conflict with our

local ordinance and the federal laws pertaining to this matter. City Manager

Cavezza explained that last year, we submitted for the legislative agenda a

request for the Delegation to pass a law that would require the notification of

a transitional housing facility, and it did not get through.



There was continued discussion on this matter with various Councilors

expressing their views and Mr. Hodgeskins responding to various questions.

Councilor Turner Pugh requested that City Attorney Fay check Section 3-2-6

where it talks about creating transitional housing facilities and the

individuals participating in certain correctional programs, because they are

starting a program with YDC where they can have some transitional homes, but it

is being done in residential neighborhoods; therefore, we need to check the

State laws on that too. She added that this may not be YDC but with the mental

health issue.



o Utility Plant ? Allow review by the Council of impacts of a proposed power

plant on natural, air and water resources and community character.



Councilor Davis asked if any consideration to manufactured commercial

buildings and types of architectural standards that need to be considered. Mr.

Hodgeskin advised that we have not, and the reason being is that with the one

or two exceptions, we typically stayed away from trying to create any

generalized architectural standards for commercial structures. He said that is

something that we could look at. Councilor



There was continued discussion on this matter with Mr. Hodgeskins

responding to various questions from the members of Council. Councilor

Henderson expressed cautioned in getting involved in a requiring a certain

architectural style; unless, we are dealing with specific historic districts

and for those areas we have the Uptown Facade Board.



o Wireless Communication ? Adds language recognizing the feeral preemption of

local regulations for installation of small scale television satellite antenna.



Chapter 4: General Development Standards:



o Screening for Trash Areas ? Applies to trash areas, dumpsters, compacters and

outdoor storage areas (1) requires screening on all four sides (2) requires all

dumpsters to comply within 18 months.

o Lighting and Illumination ? Establishes standards for lighting of

nonresidential properties (2) reduce impacts on adjacent residential zoning

districts.

o Bay or Garage Doors ? Establishes standards for the orientation bay and

garage doors.

o Drive-in Windows ? Creates general standards for installation of drive-in

windows (1) installation of a pass-by lane

o Fencing, Walls and Hedges ? Clarifies requirements applicable to fences and

hedges.

o Screening of Mechanical Equipment ? Requires screening of mechanical

equipment, including A/C and ventilating equipment that is ground- or roof

mounted (2) Exempts existing buildings and uses from the screening

requirements, unless substantial improvements to either are made.



In respect to the screening of mechanical equipment, Mayor Pro Tem Rodgers

requested that once we get to the point that we are dealing with this, he would

not like to see and grandfathering in, but would like to see and over time

compliance, even for existing businesses.



o Parking Standards: Change in Use ? Current language requires that a change

of use of an existing structure must provide the parking for such use. Could

have adverse impact if a use change involves the need for more parking that is

provided. Proposal is to have the required number of spaces be both the minimum

and maximum number of spaces that could be provide for spacing.

o Parking within Required Yards or Setbacks ? Eliminates parking in front or

side yards that unless vehicle located on a paved or improved surface.



In response to a question from Councilor Suber, Mr. Hodgeskins replied

that there is a minimum number of parking spaces that must be provided, but if

someone wants to go above or below that minimum, that individual would have to

present information. Mr. Hodgeskins advised that we allow the provision of

shared parking, for instance, if there are large users in there with mixed

types of development; therefore, shared parking could be allowed for ?double

counting? of certain spaces based on characteristics of use. He advised that

we are also proposing that only three flags be allowed as part of a commercial

or an industrial operation.



Councilor Davis asked if electrical transformers are included under the

mechanical equipment? Mr. Hodgeskin replied that he would believe that to be

so and agreed that this is a good point that we need to include as part of the

definition. In response to a question of City Manager Cavezza, Mr. Hodgeskins

assured that the proposal is consistent with the Tree ordinance, Buffer and the

Sign ordinance with the exception of the flag requirement.



o Replacing Dead Vegetation ? Changes current requirement for replacing dead,

dying or damaged vegetation within 2 years of planting to a perpetual

responsibility of the property owner (commercial only)

o Watering or Irrigation ? Mandates use of irrigation or watering as part of

installation of landscaping, rather than as an option as currently provided.

o Tree Preservation ? Reflects new ordinance adopted by Council.

o Tree Protection During Construction ? Made applicable to all landscaping and

development activities.

o Variances and Appeals - Removal of language regarding variances and appeals

in the Tree Preservation Ordinance.

o Trees and Shrubs as Nuisances ? Originally included as part of the Tree

Preservation.

o Airports ? Retain present zoning code language regarding airports.



At this time, Mr. Bill Ross, from the Georgia Zoning Institute, came

forward to continue the presentation and started his portion by presenting

recommendations for Chapter 5. Mr. Ross advised that much of this is what has

already been adopted by the Coucil; except, we have put it all in one place.

Mr. Ross agreed with the comment made by Mayor Pro Tem Rodgers in that Chapter

5 is consistent with our present ordinance and there are no recommended

changes.



Chapter 5: Environmental Protections.





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NOTE: Councilor Hunter left the meeting at this point with the time being

approximately 10:50 a.m.

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Chapter 6: Resource Conservation:



o Resource Conservation Subdivision ? Preserves the most important features on

the site and encourage protection of other valuable sources that may not

otherwise have a mandatory preservation already built into the laws.



Mr. Ross then went into great details in explaining and justifying the

need for a Reservation Conservation Subdivision. Councilor Turner Pugh

expressed her concerns with the creeks and streams not being serviced by the

City, and the resident cannot cover it, because it is protected by Federal

Laws, but it continues to wash people?s backyards away every time there is a

hard rain. Mr. Ross agreed in that this is a very good example of the problems

that occur when there is a natural protected resources by various laws, but

because it is in someone?s backyard causing such problems as erosion.

Councilor Turner Pugh then asked if they could require that even on the stream

side that is protected that they build up the structure or put some kind of

rift raft in before they began building houses, at which time, Mr. Ross agreed

that it could be done. Councilor Turner Pugh asked City Manager Cavezza if the

new design require developers to go in and rift raft those creeks and streams

to keep them from continuing to erode in those yards? City Manager Cavezza

replied that we could do that, but the developers are going to have a lot of

problems with that, because it is going to be very expensive.



Councilor Henderson said that the contractor can?t put the rift raft up

there because he cannot encroach on that 25 foot buffer; therefore, the

contractor cannot put anything up there to protect the banks from eroding. He

pointed out that this is something that we need to address with our legislative

delegation by having our Engineering group put it out there as a last minute

addition to our legislative agenda.



There was continued discussion on this matter with various Councilors

expressing their views and Mr. Ross addresses those concerns.





Mr. Ross continued with his presentation by discussing Open space with

certain uses that are allowed and not allowed, along with whose going to have

ownership and provide the maintenance and pay taxes. Councilor Davis requested

a copy of this presentation.



In response to a question of Councilor McDaniel, Mr. Ross agreed that this

proposed ordinance is a lot more complicated than the present ordinance. When

Councilor McDaniel asked about the idea of taking Councilors out of the zoning

process by allowing a board to rule strictly on the merits of the zoning

application, Mr. Ross responded by saying that the State of Georgia is in the

minority of states in this country where zoning matters are still a legislative

prerogative. He pointed out that this means that this Council could not

delegate a legislative responsibility with the one exception in the State of

Georgia, which is Macon-Bibb County. He explained that in many other states,

it is called quasi judicial, which means that if you meet the requirements;

then, you have the zoning and that is the end of it.



In response to Councilor Henderson?s comments, Mr. Ross advised that we

are proposing that we separate minor zoning cases from major zoning cases. He

explained that the minor cases should be able to take a fast tract approach;

however, the final decision still would come from the members of Council.



In conclusion, Mr. Ross made some very broad statements regarding the

engineering oriented chapters. He said that the entire organization of this

document is to reflect the land development process. He mentioned that a lot

of people have complained to the City that our street construction standards

are too restrictive and too wide. He said that we have provided for a new

low-volume street standard.



Mr. Hodgkins then came forward to briefly highlight the major points of

the entire presentation.



City Manager Cavezza said that there is still a lot of work to do, but it

is consistent with what we are trying to do in the City, which is to be

proactive and move above the levels that we have been operated at. He said

that he believes that the consultants have done a great job putting it together.



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HOLIDAY GREETING:



Mayor Pro Tem Rodgers took this opportunity on behalf of Mayor Peters, the

entire City Council and the Consolidated Government as a whole, to wish

everyone and their families a very safe and Happy Thanksgiving.



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

meeting was adjourned, upon the adoption of a motion made by Councilor

McDaniel. Seconded by Councilor Suber, which carried unanimously by those nine

members of Council present for this meeting with Councilor Hunter having

already left the meeting, with the time being 11:25 a.m.



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Sandra T. Davis

Deputy Clerk of Council

The Council of Columbus, Georgia