Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

MARCH 4, 2003





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

called to order at 5:30 P.M., Tuesday, March 4, 2003, 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 S. Anthony, Glenn Davis, Berry H. Henderson,

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

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

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

Davis were also present.



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ABSENT: No one was absent.



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INVOCATION: Offered by Reverend Lloyd Johnson ? New Bethel Seventh Day

Adventist Church.

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

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MINUTES: Minutes of the February 25, 2003 meeting of the Council of the

Consolidated Government of Columbus, Georgia was submitted and approved upon

the adoption of a motion made by Mayor Pro Tem Rodgers and seconded by

Councilor Allen, which carried unanimously by those tenmembers of Council

present for this meeting.

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?TRIPLE WEATHER DOPPLER?:



Mr. Lee Brantley, Vice-President/General Manager of Channel 9 said he is

here to say thank you to the Council. He said WTVM recently invested about

$300,000 in our community?s first live Doppler radar unit and said the City was

gracious enough to allow us to put it on the roof of the Government Center. He

said being able to put it on this building made it much more efficient in an

unobstructed altitude and will make it a much more efficient unit. He said we

know this until will allow for quicker live weather updates and inclement

weather can be spotted much quicker.



He said they have also provided a constant feed of that display to the

Emergency Management personnel, which will help them in their emergency

procedures. He said it will not only seize inclement weather better, but will

also read wind speeds and direction and will help them in other areas.

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PROCLAMATIONS:



?WOMEN?S HISTORY MONTH



With Ms. Roxanne Campbell, Chairperson of the Women?s History Month

Sub-Committee and the Mayor?s Commission on Diversity, along with

Mr. Ellis Dandy, Ms. Elva Shoemaker, Mr. Tommy Powell, Ms. Mattie Hall, and Ms.

Becky Reed-Rich standing at the Council table, Mayor Poydasheff read his

proclamation, proclaiming the month of March 2003, as ?Women?s History Month?,

in Columbus, Georgia.

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CITY ATTORNEY?S AGENDA:



WITH SEVERAL OF THOSE NAMED IN THE RESOLUTION STANDING AT THE COUNCIL

TABLE, THE FOLLOWING RESOLUTION WAS READ IN ITS ENTIRETY BY MAYOR PRO TEM

RODGERS AND ADOPTED BY THE

COUNCIL:





A Resolution (92-03) - Commending the U.S. Department of Justice, Office

of the United States Attorney, Chattahoochee Valley Community College, and the

Columbus Department of Fire and Emergency Medical Services for their efforts in

presenting the Homeland Security conference for public safety and security

personnel held on February 18-21, 2003 at the Columbus Civic Center. Mayor Pro

Tem Rodgers moved its adoption. Seconded by Councilor McDaniel and carried

unanimously with those ten members of Council present standing to cast their

affirmative vote.



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RECOGNITION OF FIRE CHIEF ROY WATERS:



Mayor Poydasheff said today we have been notified by Kim Henmanies, with

the Commission on Fire Accreditation International that the Commission for

Chief Fire Officer designation met the weekend of February 22, 2003 and

approved the recommendation of Fire Chief Roy Waters for Chief Fire Officer.

He said it appears that there are only 101 chiefs in the United States approved

by the Commission, and only 42 have been approved this year. He said the

awards reception will be held on August 21, 2003 in Dallas, Texas.



Mayor Poydasheff said on behalf of the Council, it is his pleasure to

honor Chief Roy Waters.



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WITH FIRE CHIEF ROY WATERS AND LT. DARRELL GALLOPS STANDING AT THE COUNCIL

TABLE, THE FOLLOWING RESOLUTION WAS READ IN ITS ENTIRETY BY MAYOR PRO TEM

RODGERS AND ADOPTED BY

THE

COUNCIL:





A Resolution (93-03) - Commending Lt. Darrell Gallops and Columbus Fire

and EMS units Engine 1, Ladder 1, Rescue 1, Rescue Engine 9, Squad 6, Engine 2,

Engine 3, Medic 4, Medic 12, Battalion 1 and Battalion 2 for their quick action

in preventing loss of life and minimizing property damage during the fire at

the Ralston Towers on January 27, 2003. Mayor Pro Tem Rodgers moved its

adoption. Seconded by Councilor Hunter and carried unanimously with those ten

members of Council present standing to cast their affirmative vote.



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THE FOLLOWING RESOLUTION WAS READ IN ITS ENTIRETY BY

COUNCILOR MCDANIEL AND ADOPTED BY THE

COUNCIL:



A Resolution (94-03) - Commending Arnold Magnet Academy and its students

who participated in the Georgia State Middle School Honors Chorus held at the

Clayton County Performing Arts Center in Jonesboro, Georgia. Councilor

McDaniel moved its adoption. Seconded by Mayor Pro Tem Rodgers and carried

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



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WITH MEMBERS OF THE DOUBLE CHURCHES MIDDLE SCHOOL HONORS CHORUS STANDING

AT THE COUNCIL TABLE, THE FOLLOWING RESOLUTION WAS READ IN ITS ENTIRETY BY

COUNCILOR DAVIS AND ADOPTED BY THE COUNCIL:







A Resolution (95-03) - Commending Double Churches Middle School and its

students who participated in the Georgia State Middle School Honors Chorus held

at the Clayton County Performing Arts Center in Jonesboro, Georgia. Councilor

Davis moved its adoption. Seconded by Mayor Pro Tem Rodgers and carried

unanimously with those ten members of Council present standing to cast their

affirmative vote



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WITH A MEMBER OF THE EDDY MIDDLE SCHOOL HONORS CHORUS STANDING AT THE

COUNCIL TABLE, THE FOLLOWING RESOLUTION WAS READ IN ITS ENTIRETY BY COUNCILOR

WOODSON AND ADOPTED BY THE

COUNCIL:





A Resolution (96-03) - Commending Eddy Middle School and its students who

participated in the Georgia State Middle School Honors Chorus held at the

Clayton County Performing Arts Center in Jonesboro, Georgia. Councilor

Woodson moved its adoption. Seconded by Councilor Allen and carried unanimously

with those ten members of Council present standing to cast their affirmative

vote



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WITH MR. LARRY A. BOARD, OF CHADS, INC., DEPUTY CHIEF DAVID ARRINGTON,

EMS/FIRE DEPARTMENT AND MR. MICHAEL CHARLES OF COLUMBUS TECHNICAL COLLEGE,

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

ENTIRETY BY COUNCILOR WOODSON AND ADOPTED BY THE

COUNCIL:



A Resolution (97-03) - Commending CHADS, Inc., Mr. Larry Anthony

Board, President, for supporting the extrication certification portions for the

Fire/EMS consolidation. Councilor Woodson moved its adoption. Seconded by

Councilor McDaniel and carried unanimously with those ten members of Council

present standing to cast their affirmative vote



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WITH A MEMBER OF THE RICHARDS MIDDLE SCHOOL HONORS CHORUS STANDING AT THE

COUNCIL TABLE, THE FOLLOWING RESOLUTION WAS READ IN ITS ENTIRETY BY COUNCILOR

ANTHONY AND ADOPTED BY THE COUNCIL:



A Resolution (98-03) - Commending Richards Middle School and its students

who participated in the Georgia State Middle School Honors Chorus held at the

Clayton County Performing Arts Center in Jonesboro, Georgia.

Councilor Anthony moved its adoption. Seconded by Councilor Hunter and carried

unanimously with those ten members of Council present standing to cast their

affirmative vote



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WITH MS. JANICE DAVIS, MEMBERS OF PARKS & RECREATION STAFF AND SEVERAL

VOLUNTEERS STANDING AT THE COUNCIL TABLE, THE FOLLOWING RESOLUTION WAS READ IN

ITS ENTIRETY BY COUNCILOR HUNTER AND ADOPTED BY THE

COUNCIL:





A Resolution (99-03) - Commending Janice Davis and the staff at the

Greater Columbus Sports and Events Council for their hard work, patience and

courtesy to all the teams and fans visiting Columbus for the NFCA Leadoff

Classic held at South Commons February 21-23, 2003. Councilor Hunter moved its

adoption. Seconded by Councilor McDaniel and carried unanimously with those ten

members of Council present standing to cast their affirmative vote.



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WITH MEMBERS OF THE ?GREEN TEAM? FROM JORDAN HIGH SCHOOL STANDING AT THE

COUNCIL TABLE, THE FOLLOWING RESOLUTION WAS READ IN ITS ENTIRETY BY COUNCILOR

TURNER PUGH AND ADOPTED BY THE COUNCIL:







A Resolution (100-03) - Commending the "Green Team" from Jordan High

School for their participation in Arbor Day activities in Columbus. Councilor

Turner Pugh moved its adoption. Seconded by Councilor Allen and carried

unanimously with those ten members of Council present standing to cast their

affirmative vote.



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WITH STUDENTS FROM KENDRICK HIGH SCHOOL STANDING AT THE COUNCIL TABLE, THE

FOLLOWING RESOLUTION WAS READ IN ITS

ENTIRETY BY COUNCILOR HENDERSON AND ADOPTED BY THE COUNCIL:



A Resolution (101-03) - Commending Kendrick High School students and

faculty for their participation in the Arbor Day activities in Columbus.

Councilor Henderson moved its adoption. Seconded by Councilor Suber and carried

unanimously with those ten members of Council present standing to cast their

affirmative vote.



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WITH STUDENTS FROM EAST COLUMBUS MAGNET ACADEMY STANDING AT THE COUNCIL

TABLE, THE FOLLOWING RESOLUTION WAS READ IN ITS ENTIRETY BY COUNCILOR SUBER AND

ADOPTED BY THE

COUNCIL:





A Resolution (102-03) - Commending East Columbus Magnet Academy

students and faculty for their participation in the Arbor Day activities in

Columbus. Councilor Suber moved its adoption. Seconded by Councilor Allen and

carried unanimously with those ten members of Council present standing to cast

their affirmative vote.

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



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GEORGIA FORRESTRY USA



Mr. Steve Smith, of the Georgia Forestry USA said he is here today to

recognize the City of Columbus for giving trees a very special kind of care. He

said Columbus was Georgia?s very first Tree City USA, the first City to meet

the four standards that are required by the National Arbor Day Foundation. He

said Columbus has been re-certified each year.



He then presented to City Arborist Rachel Buice, the Tree City USA flag.



Mr. Smith said communities that have practiced a higher level of

environmental stewardship are eligible to receive a Tree City USA Growth Award.

He said with the adoption of the City of Columbus? new Tree Preservation and

replacement ordinance and with the partnership of the Downtown Rotary Club, to

plant 200 trees in Lakebottom Park has qualified the City of Columbus for this

special recognition of the Tree City USA Growth Award.



He said today 100 park size trees have been planted in the rotary oak

grove through the partnership with Downtown Rotary Club. He then presented to

Mayor Poydasheff, the Tree City USA Growth Award.



Mr. Cecil Cheves, who was also present with City Arborist Rachel Buice,

said Lakebottom Park is a treasure to each of them and said that the members of

the Rotary Club is proud to just have played a part in helping to plant these

trees and be a part of this partnership.

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ZONING PUBLIC HEARINGS:



THE FOLLOWING ORDINANCE, WHOSE FIRST READING WAS DELAYED AT THE FEBRUARY

28, 2003 COUNCIL MEETING WAS AGAIN SUBMITTED AND ITS CAPTION READ BY CITY

ATTORNEY FAY AND ANOTHER PUBLIC HEARING WAS HELD AS ADVERTISED AND THE

ORDINANCE AMENDED BY THE COUNCIL:



An Ordinance - Rezoning approximately 9.7 acres of property located at

4201 Reese Road from an R-1A District to an R-2 District. (1-D-03-Donald

Bowles, Inc.)



Mayor Pro Tem Rodgers said there was some discussion early on in the last

meeting about aligning Guinevere Avenue with any proposed entrance/exit to this

property and it was deemed not feasible. Therefore, as a condition of the

proposed rezoning, the Traffic Engineering Department has set forth that the

centerline of the proposed access public roadway to the property being rezoned

shall intersect with Reese Road at least 200 feet west of the intersection of

the centerline of Guinevere Avenue and Reese Road.



He said this will be incorporated in the ordinance and then moved the

adoption of this amendment. Seconded by Councilor Henderson and carried

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

Councilor Allen being absent for this vote.



PROPONENTS:



Mr. Donald Bowles, the petitioner appeared and said they are requesting

that this property be rezoned from R-1A to R-2, as they feel it fits well with

the neighborhood. He said there is R-2 to the east of this subdivision, with

the Castlewood Subdivision currently being R-2. He said there is R-2 in the

Northgate subdivision as well and R-3B throughout this neighborhood, with there

also being some manufacturing to the north. He said they feel for economic

reasons that R-2 is suitable to this neighborhood.



He said he and Mr. Bill Hart will be the only two builders in this

subdivision and they don?t planning on selling off lots. He said they plan on

having some strict architectural control in building a quality, majority brick

garage houses in the subdivision. He said the preliminary plat that they have

had done would indicate no more than 30 homes in the subdivision.



Mr. Bowles said there has been a lot of conversation about the river and

said the State ordinance at the present time request that they be no closer

than 25-feet on the bank of Cooper Creek. He said as a concession, they would

be willing to move that to a 30 feet buffer to help ease the neighbors concerns

about them encroaching on the creek.



He said there have been a few misconceptions that have come up in the

past, with a comment being made that there is a lake that is on the property,

but said there is no lake on this property. He said there is a lake to a piece

of property that is north of this property that is not developed. He said there

is no wetlands with the exception of the creek that have been noted.



Mayor Pro Tem Rodgers said he took the preliminary plat and met with a

number of the neighbors on the site this past weekend; however, they are still

steadfast in their opposition to any rezoning at all. He said no compromise was

agreed upon and said it stands as R-1. He said he would take Mr. Bowles up on

the additional buffer and said he wants it understood that the measurement

starts at the top of the bank and not at the middle of the creek. Mr. Bowles

said he understands that.



City Attorney Fay, in response to Mayor Pro Tem Rodgers, said that is at

your discretion, and that it could be worded either way. He said we can do a

30-foot buffer from the high water mark of the creek. He said he would suggest

the high water mark of the creek measured from that point.



Mayor Pro Tem Rodgers then made a motion that there be an undisturbed

natural 30-foot buffer from the high water mark of the creek. Seconded by

Councilor Allen.



Councilor Henderson then asked what does the State law says, is it from

the high water mark? He said if there is a 25-foot buffer from the top of the

bank, which is what he is hearing from the Engineering Department, you would

want to make that 30-feet from the top of the bank as well in order to get that

additional five feet buffer.



After some discussion on this matter, it was then pointed out that the

State law says it is from the top of the bank. Mayor Pro Tem Rodgers then

reworded his motion to state that there will be an undisturbed natural 30-foot

buffer from the top of the bank. Seconded by Councilor Allen.



Councilor Davis expressed his concerns about this matter, and said he

doesn?t know if he will be able to support this as it is, because you are

dealing with a very large stable creek that hasn?t been touched in a while and

you are asking for an R-2, which will mean that there would be a considerable

amount of improvised surface. He said the way he has seen the land and

understands the land, the topography runs in such a way that everything runs

into the creek.



He said he would ask Mr. Bowles, if he would consider doing a 30-foot

buffer on minimum with a 50-foot on average. He said because you are going with

R-2, it will give you the flexibility to move it around to fit your plans.



Mr. Hart and Mr. Bowles then responded to those concerns and questions of

Councilor Davis.



After further discussion on this matter, Councilor Davis then made a

substitute motion that there be a 30-foot miminum with a 50-foot on average

undisturbed natural buffer. (This motion dies for the lack of a second)



Mayor Poydasheff then called the question on Mayor Pro Tem Rodgers?

earlier motion, which carried by a vote of 9 to 1, with Councilor Davis voting

no and all other nine members of Council present voting yes.



The following individuals then appeared and expressed their opposition to

the proposed rezoning ordinance to rezone property at 4201 Reese Road:



Mr. Jim Pickering, 4521 Bonnie Drive once again appeared and expressed his

opposition to this proposed rezoning ordinance. He said from the very beginning

all of the neighbors that appeared at the Planning Advisory Commission

hearings, have stated that we don?t mind development there. He said they are

not asking to keep it as it is, but said all they are asking is for the

rezoning to remain as it is right now. He said they are not asking for anyone

to change anything, and they would like for their neighborhood to stay as

harmonious as it can. He said it is R-1 in the immediate area. He said they are

concerned about the safety of people coming out of the area, if there are too

many of them. He said they are also concerned about the run-off. He said

everybody that is around that piece of land is asking for R-1A.



Ms. Mary Anderson, 4115 Reese Road said her property is two acres and it

runs almost the entire length of this project. She said they are talking about

abutting fifteen houses up against her property line alone. She said she

realizes that changes do occur, but said she just wants to let you know how

concerned she is with having that many houses abut to just her property line.

She said she thinks it is terribly unfair. She said she is not opposed to there

being some development, but said just leave it like it is.



Mr. Cliff Bennett, 4213 Bonnie Drive said he shares a 230 foot east

boundary line with the property that Mr. Bowles owns. He said in recent years,

other land owners and developers have really sought to change the zoning of

this property from R-1A to other zoning classifications to lessen the lot

square footage requirements and they weren?t successful, and said, the question

he has, is what is the difference. He said we are still facing topography

challenges and if they can resolve the water drainage problems, that is good;

however, the main issue that they have is the traffic flow. He said he is not

talking about traffic capacity, as the Traffic Engineer has stated that Reese

Road can handle 150 additional cars per day; however, he is talking about

traffic flow.



Mr. Bennett said when you have a number of cars turning right or left

coming out of this subdivision, you would be blocking a 2-lane road with an

elementary school on both ends, and with CSU around the corner. He said it is

difficult now and will become more difficult with more people coming out of

this subdivision. He said they are asking that the rezoning remain R-1A, which

would allow Mr. Bowles to build 20 to 22 houses, instead of 30 to 32.



Mr. Austin Anderson, 4114 Pace Drive said he has spent a lot of time and

money on his house, like many others that live around him. He said he doesn?t

think it is fair for someone to come in and put in R-2 zoning where there is

all R-1 zoning. He said there is a major spring on that property and said the

majority of that land stays marshy. He said if you put R-2 in there, it could

cause problems with run-off.



He distributed around the Council table, photos of the area, which he says

shows the creek when it has not rained, as well as shows the creek after one

day of rain, and the amount that the creek has risen after that one day of

rain. He said there is a bridge in Castlewood that overflows and there have

been times when the pipes are completely filled. He said they would like to

see the area remain R-1.



Mr. Theo Stratigos, 4124 Pace Drive said that Mr. Bowles has stated that

this land is not wetland, and said that may be true as far as the State is

concerned, but said as long as he can reminder there has been a natural drain

from Prim Drive to Cooper Creek, coming back off of Mr. Grant?s land and

cutting through on the land that Mr. Bowles own. He said it flows most of the

year, and said he would consider that wetland, but maybe its not.

He said if you close it up, you will be messing with the environment some kind

of way.



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

public hearing was concluded.



City Attorney Fay then pointed out that this ordinance would be back on

for a vote at next week?s Council meeting, with those two conditions that have

been added by the Council.



Councilor Suber then asked Mr. Bowles if he would be willing to limit the

number of lots to 30. Mr. Bowles said he would. Councilor Suber then asked that

we add this as a condition to the ordinance. Seconded by Councilor Turner Pugh

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

meeting.



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

CITY ATTORNEY FAY AND A PUBLIC HEARING

WAS HELD AS

ADVERTISED:





An Ordinance - Rezoning property located at 3555 Gentian Boulevard

from a C-2 District to a C-3 District. (3-CA-03-GrossBridges Properties)





PROPONENTS & OPPONENTS:



Two gentlemen identified as Mr. Gross and Mr. Bridges, the petitioners

were present, but they did not make any presentation, as there was no one

present to oppose this proposed rezoning ordinance.

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CITY ATTORNEY?S AGENDA CONTINUED:



Councilor Davis said he would like to ask the Council?s permission to open

this matter back up for discussion on the rezoning ordinance to rezone

approximately 13 acres of property located at 6801 Warm Springs Road (south of

the creek) from an A-1 District to an R-1A District. for a possibility of

amending the R-1A request. Seconded by Councilor Allen.

(62-A-02-Tiger Creek Development, Inc.)



Mayor Pro Tem Rodgers said the only way we can discuss a zoning petition

that is on second reading is with the consent of the Council.



Councilor Henderson said he was going to offer an amendment to this pair

of ordinances that would probably put one of them back on first reading. He

said he doesn?t know if it will affect the lower portion that Councilor Davis

is talking about.



Councilor Davis said he is asking if the Council would accept, with the

possibility to amend the rezoning (south) of Warm Springs and open it up for

discussion.



City Attorney Fay said if we add a condition, then we will need to put it

back on first reading. Councilor Henderson said he would then support the

motion, if it is legal to continue the second ordinance.



Councilor Davis said after spending a lot of time with the residents out

there and hearing their concerns on the property, he thinks it is wise that the

Council really look at this and come to an understanding of have we done all

that we can to reach some common ground.



He said he has found a declaration of policy that deals with subdivisions

and then read it into the record, saying that it has been declared to be the

policy of the Council of Columbus, to consider land, subdivision plats as part

of its program for the orderly, efficient and economical development of

Columbus; which means among other things that land to be sub-divided shall be

of such character that it can be used safely for building purposes without

danger to health, apparel from fire, flood or other menace. He said the proper

provision shall be made for drainage, water supply, sewer and other needed

improvements. He said all proposed lots shall be laid out and in such size, as

to be in harmony with the development patterns of neighboring property.



Councilor Davis said his concern is that this rezoning request be in

harmony with the bordering neighboring property. He said currently there is a

State mandated buffer of 25-feet on the creek, and then made a motion that this

be a 30-foot minimum buffer with a 50-foot on average buffer to be included.

Seconded by Councilor Allen.



Several minutes of discussion developed on this motion, with Councilor

Davis responding to questions of his fellow colleagues, after which the

question was then called on the motion, which resulted in an inconclusive vote

of 2 to 7. Voting for the motion was Councilors Allen and Davis. Voting against

the motion was Councilors Henderson, Turner Pugh, Suber, Rodgers, McDaniel,

Hunter and Anthony. Councilor Woodson did not cast a vote on this motion.

City Attorney Fay said if there is no other discussion on this ordinance,

we can put it on for a vote at the next Council meeting.



Councilor Allen said it is his understanding from talking with various

individuals that are experts in the area of soil erosion and flood control, is

that the State and Federal government are talking about enlarging the 25 foot

buffer as it relates to creeks. He said he thinks it would be most appropriate

in this situation, since Flat Rock creek is a very heavy floodway in Columbus

and one of the most important creeks that we have to flood into one of the City

parks. He said to protect that creek, he thinks it would be advantageous for us

to ask for a motion to extend the 25-foot buffer to 30-feet, and then so moved.

Seconded by Councilor Woodson.



Discussions continued on this matter, with Mr. David Fox responding to a

question of Councilor Suber, and several members of the Council expressing

their further views on this subject, and City Manager Cavezza and Ms. Donna

Newman of the Engineering staff responding to further questions and concerns of

the Council.



After continued discussions, the question was then called on Councilor

Allen?s motion, which resulted in an inconclusive vote of 4 to 6. Voting for

the motion was Councilors Allen Woodson, Davis and McDaniel. Voting against the

motion was Councilors Henderson, Turner Pugh, Suber, Rodgers, Hunter and

Anthony.



City Attorney Fay said if there are no further amendments or proposed

amendments, the ordinance stands as is, with only one condition.



Councilor Henderson said the land use is not an improper land use and said

he thinks existing residents should be afforded every opportunity for as much

buffering or protection that we can get during the phase of development. He

said he has spoken with Mr. Erickson and he would like to offer an amendment

with regards to the second ordinance on the northern most property of the creek

(Item #4)



He said Condition Number 2 state that ?All lots bordering the property of

David Ragland shall be 125 feet wide at the building line?.



Councilor Henderson said he would like to make a motion to amend this

condition to state that: ?All lots bordering the southern most property of

David Ragland shall be 125 feet wide at the building line?.



He said he would also like to add an additional condition to state: There

will be a 25-feet undisturbed natural buffer on the western border of Mr.

Ragland?s property and along the 512 feet from the northwest corner of the lot,

which travels down the length of both of the existing residents (Bagley &

Ragland) Seconded by Councilor Suber.



Mayor Pro Tem Rodgers said he would like to hear how the developer feels

about this matter.



Mr. Dave Erickson, in response to Mayor Pro Tem Rodgers, as to what is his

response to Councilor Henderson?s motion, said he was asked to do one more

offer as much as he could and he did. He said he felt that per their

discussions making it 125 feet wide does very little to protect Mr. Ragland. He

said what it effectively does is move the house closer to Mr. Ragland. He said

Mr. Ragland has an abundance of his own vegetation that separates the property

line from his house and a little bit on their side will not make very much

difference, especially since there is not much there already.



Mr. Erickson said per their discussions, he wasn?t specifically told what

to do, but said he was given preferences, and said it was his idea that with

the additional depth that would be gained by going back to the normal

dimensions, meaning at least 150-feet on a 100-foot lot that would effectively

move the houses farther away from Mr. Ragland, which in his opinion, was of

greater benefit. He said the western edge of Mr. Ragland (plat submitted) is

the area visually; there was more of an impact because it was the back yard of

his home. He said if we put up a buffer there, that would work well, as there

are already trees there, it would protect Mr. Ragland?s visual interest.



He said on the eastern edge of Springbrook Subdivision, they are looking

to put the buffer there where they can and where it will be effective, and have

drawn that plat accordingly that makes the best possible use for everybody

located in their houses nearby.



Mayor Poydasheff then asked Mr. Erickson if he favors the amendment or

not, to which Mr. Erickson said that he would ask that the amendment be worded

in line with the letter that he sent to the Council, but he can?t stand in

complete opposition.



Further discussions continued on this matter, with several members of the

Council continuing to express further views on this subject, after which Mayor

Poydasheff then called the question on Councilor Henderson?s motion, which

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



City Attorney Fay then stated that this ordinance would be brought back on

next week with the amendment with the word ?southernmost? on Condition Number 2

and a new Condition Number 4 to be added, as stated above by Councilor

Henderson.



THE ABOVE ACTION AMENDED THE FOLLOWING ORDINANCE, WHICH WAS ALSO DELAYED

FROM THE FEBRUARY 11, 2003 COUNCIL MEETING

AS LISTED AS ITEM NUMBER FOUR ON THE CITY ATTORNEY?S AGENDA:



An Ordinance - Rezoning approximately 24 acres of property located at 6801

Warm Springs Road (north of the creek) from an A-1 District to an R-1

District. (63-CA-02-Tiger Creek Development, Inc.)



Councilor Allen said all the Council members have received the information

from Mr. Erickson regarding the plat (Lot 4 & 8). He said the 25-foot buffer

runs down the length of those two lots and about half the way through, it

begins to taper down approximately 100 feet from that 25-feet depth. He said in

talking with Engineering their view of the area, and the drainage issue that

has been mentioned does allow for this particular boundary to be extended a

little bit.



He said what he would like for the Council to consider is extending that

25-foot buffer to the end of the Bagley property, which is Lot Number 8, and

shortening that line where it could then taper down to the edge of the back

part of their property, which would provide them with a full buffer all the way

down. He then asked that this be made as another condition of the ordinance.

Seconded by Councilor Woodson.



Councilor Suber then asked Mr. Erickson if he would be opposed to this

motion. Mr. Erickson said he would like to first see if he understands this

motion. He said he thinks what Councilor Allen has said is to take the plat

that he provided to the Council, beginning at the north where it runs 25-feet

for a distance of 512 and then it begins an angle and said what Councilor Allen

is asking, is to take that angle and instead of running it as it is, we would

take it down to the edge of Lot Number 8 in a continuous angle.



Councilor Allen said what he is saying is to extend that 25-feet and use

the last 100 foot; or whatever formula he has to use.



Mr. Erickson said in essence what Councilor Allen is asking, is that the

water run up hill. He said that is why he drew it that way. He said they could

probably figure out how to do a continuously angling over that distance,

because the distance is fairly small. He said the purpose of this was to

provide a visual screen between the $200,000 houses that they are building and

the $200,000 houses that are next door. He said he thought that we had

accomplished that, and said if you want to wiggle with this a little, it is

probably doable; but he would express great caution about following this line

of thinking.



Councilor Allen said he spoke with the Engineering Department and said

what his discussion lead him to believe is that if the Council chooses to do

this, there was sufficient land there to do this on.



Ms. Donna Newman of the Engineering Department said when she looked at

this on yesterday, she plotted it on an aerial photograph and the way that Mr.

Erickson has that easement shown is in line with the existing concourse. She

said that is the way the flow is going today.



In response to Councilor Suber, Ms. Newman said she is not sure of

Mr. Erickson?s full engineering plans, how much cut or how much field, which

could alter things, but said if he is following the natural flow as it is

today, then it is in line with what he has shown.



Councilor Allen said what he asked Ms. Newman and Mr. Bishop on yesterday,

was is it possible to do what he asked, to continue the 25-foot buffer and the

last tapering will be at the end of the lot line. He said what he understood

them telling him was yes.



Ms. Newman said that is correct. She told Councilor Allen yes, but she

wasn?t sure what the impact would be to Mr. Erickson?s plans.



City Manager Cavezza said the point is that the developer can do almost

anything he wants with that land if he moves enough dirt.



Councilor Suber then asked Ms. Newman if this is something that she would

advise at this particular time; or either would she advise that it be left as

it has been drawn or shown to us, or would you suggest that we need to consider

moving this down further, and do what Councilor Allen has asked?



City Manager Cavezza said he thinks what our engineer is saying, as the

terrain is currently configured, what Mr. Erickson has designed is adequate for

the current configuration. He said what Councilor Allen is saying, is there any

prohibition to him coming down and doing the buffer all the way down, and he

thinks the answer is, if he wants to do it, he can figure out a way to do it.

He said he hate to put our engineering staff on the spot tonight in the middle

of trying to make a recommendation or suggestion.



After still further discussion on this subject, the question was then

called on Councilor Allen?s motion, which resulted in an inconclusive vote of 4

to 6. Voting for the motion was Councilors Allen, Woodson, Davis, and Anthony.

Voting against the motion was Councilors Henderson, Turner Pugh, Suber,

Rodgers, McDaniel, and Hunter.



City Attorney Fay said Item Number 4 would be ready for a vote with the

two additional amendments on next week.



Councilor Henderson then asked if we are continuing both ordinances, to

which City Attorney Fay said that Item Number 3 has not been changed;

therefore, you can vote on it tonight.



Councilor Henderson said he thinks that since they have been linked

together, he thinks we need to carry them both over, as they are part of the

same development, and then so moved. Seconded by Councilor Allen.



Mayor Pro Tem Rodgers then made a substitute motion that the ordinance be

voted on tonight. Seconded by Councilor Suber and carried by a vote of 8 to 2,

with Councilors Allen and Henderson voting no and all other eight Council

members present voting yes.



AFTER MORE THAN ONE HOUR OF DISCUSSION, THE FOLLOWING ORDINANCE WAS THEN

ADOPTED BY THE COUNCIL ON SECOND READING:



An Ordinance (03-10) - Rezoning approximately 13 acres of property located at 6801 Warm

Springs Road (south of the creek) from an A-1 District to an R-1A District.

(62-A-02-Tiger Creek Development, Inc.)



Mayor Pro Tem Rodgers moved its adoption. Seconded by Councilor Suber and

carried by a vote of 7 to 3, with Councilors Allen, Davis and Anthony voting no

and all other seven Council members present voting yes.



*** *** ***



THE FOLLOWING ORDINANCE WAS SUBMITTED AND ITS CAPTION

READ BY CITY ATTORNEY FAY AND INTRODUCED ON FIRST READING:



An Ordinance - Authorizing Columbus Consolidated Government, lessee in the

pooled lease program sponsored by Georgia Municipal Association, to appropriate

amounts required for participation in said program.



*** *** ***



EXECUTIVE SESSION:



City Attorney Fay said he would like to request a brief executive session

after the adjournment of tonight?s meeting, for discussion on a litigation

matter.

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

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

PUBLIC AGENDA:



NO ONE REQUESTED TO BE LISTED ON TONIGHT?S PUBLIC AGENDA.



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

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

CITY MANAGER?S AGENDA:



THE FOLLOWING SIX PURCHASING RESOLUTIONS HAVING BEEN INCLUDED WITH THE

CITY MANAGER?S AGENDA WERE SUBMITTED AND EXPLAINED BY CITY MANAGER CAVEZZA 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 TEN MEMBERS PRESENT FOR THIS

MEETING:



A Resolution (103-03) - Authorizing the purchase of frames, grates, covers

and inlets on an ?as needed basis? from U. S. Foundry & MFG Corporation for the

estimated annual contract value of $72,485.00.



A Resolution (104-03) - Authorizing the purchase of one (1) cab and

chassis from Beck Motor Company, in the amount of $44,991.00 and one (1) lube

body from Elliott Machine Works, Inc., in the amount of $60,550.00.



A Resolution (105-03) - Authorizing the purchase of one (1) mobile lift

from Interstate Lift & Equipment Company, Inc., in the amount of $28,195.00.



A Resolution (106-03) - Authorizing the procurement of scanning and

indexing services from ISPA, Inc., (Clearwater, FL), in the amount of

$11,250.00. The vendor will scan and index 75,000 property index cards for the

Tax Assessor?s Office.



A Resolution (107-03) - Authorizing the purchase of one (1) Venus

7000LE Controller upgrade from Daktronics, Inc., in the amount of $11,575.00.



A Resolution (108-03) - Authorizing the procurement of software

application enhancement services from 3x Corporation of Atlanta, in the amount

of $17,640.00.



*** *** ***



THE FOLLOWING RESOLUTION, NOT LISTED ON THE AGENDA WAS SUBMITTED AND

EXPLAINED BY CITY MANAGER CAVEZZA AND

ADOPTED BY THE

COUNCIL:





A Resolution (109-03) - Declaring property identified as 1011 and 1009 3rd

Avenue (Victim Witness Building) as surplus and authorizing the execution of

all necessary documents to advertise and sell said property at fair market

value. Councilor Suber moved its adoption. Seconded by Councilor Turner Pugh

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

with Councilor Woodson being absent for this vote.



*** *** ***



THE FOLLOWING TEMPORARY STREET CLOSING APPLICATION, NOT LISTED ON THE

AGENDA WAS SUBMITTED BY CITY MANAGER CAVEZZA AND APPROVED BY THE

COUNCIL:





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

of Broadway, on March 15, 2003 from 8:00 p.m. to 3:00 a.m., in connection with

a "St. Patrick's Day Celebration". Councilor Henderson moved its approval.

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

Council present for this meeting.

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

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



CLERK OF COUNCIL?S AGENDA:



THE FOLLOWING ITEMS WERE SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR AND COUNCIL:



(1) ACCG?s Legislative Update Newsletter, Volume 15, Number 3.



(2) ACCG?s Legislative Update Newsletter, Volume 15, Number 4.



(3) Biographical Sketch of Mr. Jumpei ?James? Sakakibara, Mayor Pro

Tem Rodgers? nominee for the position of Ms. Ann Henderson on

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



(4) Biographical Sketch of Ms. Chung-Il Julie You, Councilor Woodson?s

nominee for the position of Dr. Nemia Chai on CIRCLE.



*** *** ***



MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND OFFICIALLY RECEIVED BY THE COUNCIL:



Board of Tax Assessors, Number 6 & 7.

Building Contractors Examining Board, December 5, 2002.

Civic Center Advisory Board, July 11, 2002.

Civic Center Advisory Board, August 1, 2002.

Civic Center Advisory Board, September 5, 2002.

Convention & Visitor?s Bureau, June 19, 2002.

Convention & Visitor?s Bureau, July 17, 2002.

Convention & Visitor?s Bureau, August 21, 2002.

Council Briefing, October 8, 2003.

Development Authority, January 8, 2003.

Development Authority, January 15, 2003.

Development Authority, January 29, 2003.

Family & Children Services, February 18, 2003.

Golf Course Authority, January 28, 2003.

Honor, Board of, February 19, 2003.

Housing Authority, January 15, 2003.

Housing Authority, February 14, 2003.

Regional MH Planning Board, January 28, 2003.

Zoning Appeals, Board of, February 5, 2003.



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

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

present for this meeting.



*** *** ***



BOARD APPOINTMENTS:



BUILDING AUTHORITY:



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

Mr. Frank Chester, Mr. Allen Denham, and Ms. Earnestine Thomas on the Building

Authority will expire on March 24, 2003. She further pointed out that Mr.

Chester does not wish to be reappointed and that Mr. Denham and Ms. Thomas are

eligible to succeed themselves. Mayor Pro Tem Rodgers then nominated Mr. Denham

and Ms. Thomas to succeed themselves for another term of office.





Mayor Poydasheff nominated Mr. Roy Plummer to succeed Mr. Frank Chester;

however, Clerk of Council Washington pointed out that

Mr. Plummer is currently serving on a board; therefore, he would have to choose

which board he wants to serve on.



Mayor Poydasheff then withdrew the nomination and said he would bring back

another nomination on next week.



Clerk of Council Washington said she would bring this back on next week

for the Council?s confirmation.



*** *** ***



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



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

Dr. Nemia Chai on the Commission on International Relations & Cultural Liaison

expired on March 1, 2003 and that Ms. Ann Henderson has relinquished her seat

on this board. Councilor Woodson then nominated Ms. Chung-II Julie Uyou for Dr.

Nemia Chai?s position and Mayor Pro Tem Rodgers nominated Mr. Jumpei ?James?

Sakakibara for Ms. Ann Henderson?s position.



Clerk of Council Washington said she would bring these two nominations

back on next week for the Council?s confirmation.



*** *** ***



COMMUNITY DEVELOPMENT ADVISORY COUNCIL:



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

Mr. Charlie Fortson, Ms. Cynthia Walker on the Community Development Advisory

Council will expire on March 27, 2003 and that they are not eligible to succeed

themselves. She further pointed out that these are the Mayor?s

appointments.



She further pointed out that Mr. Homer Kuhl?s term of office expired some

time ago and that we were waiting for a nominee from Mayor Pro Tem Rodgers, for

someone to represent Council District Five.



Mayor Pro Tem Rodgers said he is working on a replacement for Mr. Kuhl.



*** *** ***



HOSPITAL AUTHORITY:



Clerk of Council Washington pointed out that we still need two additional

nominees for these four seats; however, she has received a letter from

Mr. Kenneth M. Henson, Secretary to the Board advising that they are going to

reduce the membership of board members back from eleven down to nine members.



She also pointed out that Mr. Willie Davis has resigned from the board;

therefore, we don?t have to worry about that position.



Clerk of Council Washington said we still need two additional nominees

for Ms.Ola Mae Washington, Dr. Emma Hunter and Mr. Seth Harp?s position.



Councilor McDaniel nominated Mr. Thomas Alonza Gurr for Ms. Ola Mae

Washington?s position.



Mayor Pro Tem Rodgers then nominated Mr. Lyle Blank for Ms. Ola Mae

Washington?s position and Mr. Terry Hattaway and Mr. Banks Carroll for

Dr. Emma Hunter?s position. (See below for further action on this subject.)



*** *** ***



MEDICAL CENTER HOSPITAL AUTHORITY:



Clerk of Council Washington pointed out that we still need two additional

nominees for Mr. Ken Crooks and Dr. Kenneth Goldman?s position, from which the

Authority will select someone to succeed them.



*** *** ***



PLANNING ADVISORY COMMISSION:



Clerk of Council Washington pointed out that Councilor Hunter is

nominating Mr. Karl Douglass for Mr. Berry Henderson?s position.



Councilor McDaniel then nominated Mr. D. L. Jordan for Ms. Arline

Kitchen?s position and Councilor Davis nominated Mr. Robert Crane for

Mr. Ralph King?s position.



*** *** ***



HOSPITAL AUTHORITY OF COLUMBUS:



Referring back to the Hospital Authority of Columbus, Mayor Pro Tem

Rodgers asked if we had sufficient nominees to submit to the Hospital Authority

for each of the four seats without having to mix up the names, to which Clerk

of Council Washington said we still need two additional names for Mr. Seth

Harp?s position. Mayor Pro Tem Rodgers then nominated Mr. Chris Harper and Mr.

Bill Edwards.



Clerk of Council Washington said that completes the nominees that we need

and she will go ahead and send these names to the Hospital Authority, for them

to select their successors.



*** *** ***



PLANNING ADVISORY COMMISSION:



Councilor Allen said that he would like for the Clerk of Council to go

back and check on Mr. Berry Henderson?s position, to see when he was appointed.



*** *** ***



REGION 9 MH/MR/SA BOARD:



Clerk of Council Washington pointed out that the Council needs to nominate

someone for Ms. Bennie Newroth?s position, as she does not desire to be

reappointed. There were no nominations.



*** *** ***





TAXICAB COMMISSION:



Clerk of Council Washington pointed out that Mr. James Brooks,

Ms. Diane Quick and Lt. Julius Ross has been nominated to succeed themselves

for another term of office on the Taxicab Commission, and that they may now be

confirmed. Councilor Suber then moved that they be confirmed. Seconded by

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

present for this meeting.



*** *** ***



UPTOWN FA?ADE BOARD:



Clerk of Council Washington advised that Ms. Susan Cooper relinquished her

seat on the Uptown Fa?ade Board, and pointed out that she is the representative

for Uptown Columbusand they have submitted a nominee of Mr. Mark Renner to

replace Ms. Susan Cooper. Mayor Pro Tem Rodgers then moved that Mr. Renner be

confirmed. Seconded by Councilor Allen and carried unanimously by those ten

members of Council present for this meeting.



*** *** ***



ZONING APPEALS, BOARD OF:



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

Mr. James Billingsley, Mr. Larry Phillips and Ms. Leah Braxton on the Board of

Zoning Appeals will expire on March 31, 2003. She further pointed out that Mr.

Billingsley and Mr. Phillips are not eligible to succeed themselves, as they

have served two consecutive full terms of office.



Councilor Henderson nominated Ms. Braxton to succeed herself for another

term of office. Clerk of Council Washington said she would bring this back on

next week for the Council?s confirmation.



Councilor Allen asked Clerk of Council Washington to also check

Mr. Phillips? term of office to check and see if he has served two terms. Mayor

Poydasheff also asked that the clerk check the health status of Mr. Phillips to

see if he is able to continue to serve, as he was severely injured falling from

a deer stand.



*** *** ***



Mayor Poydasheff then asked if there was anyone present in the audience

who was not listed on the Public Agenda, but had an issue to bring before the

Council, they could be heard at this time. There was no one who wanted to be

heard.



*** *** ***



GOODSON DRIVE:



Councilor Suber said that he had put on the Council?s computer information

received from the neighbors on Goodson Drive, requesting that we do something

about an individual that has been causing havoc in that neighborhood for quite

sometime. He said he also sent letters from the citizens? daughters, who had

been inquiring why something hasn?t been done, and he hopes the Council members

have had an opportunity to read those letters.



He said on tomorrow morning, they will be going to the Environmental Court

and hopefully something will be done.



Mayor Poydasheff said he was there, along with the City Manager and said

that he briefed the individuals that will be representing the City in that

regard with the City Attorney.



Councilor Turner Pugh asked City Attorney Fay, why couldn?t we have some

kind of ordinance, just like we do with the issue of people who continue to

sell drugs from their homes, and we take the houses. Why can?t we do the same

thing when there are environmental issues?



City Attorney Fay said the State law controls the drug seizure and

forfeiture. Councilor Turner Pugh then said that we need to get something for

our State Legislators to consider from the environmental impact.



City Attorney Fay said that is a possibility, but said he thinks that we

are

pre-exempted from doing it locally. Mayor Poydasheff then asked City Attorney

Fay to check into that.



*** *** ***



SPANISH RADIO STATION:



Councilor Woodson said that she is happy to announce that we have a

Spanish Radio station now on Saturdays and Sundays from 8:00 a.m. ? 12:00 noon.

She said it is to educate the Hispanic community of what is going on in the

Columbus, Opelika - Lagrange area. She said they are doing interviews and they

have asked her to put together a list of people that could come and speak on

issues about the City.



She then asked City Manager Cavezza to prepare something and have someone

who is available to do an interview and speak about various issues of the City.



*** *** ***



EXECUTIVE SESSION:



City Manager Cavezza reminded the Council of City Attorney Fay?s earlier

request to go into an executive session. Mayor Pro Tem Rodgers then made a

motion to allow the Council to go into an executive session, to discuss

attorney-client relationship on a litigation matter. Seconded by Councilor

Turner Pugh and carried unanimously by those ten members of Council present for

this meeting.



*** *** ***



At 7:44 P.M., the Council adjourned its regular session to allow the

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



At 7:51 P.M., the regular session was called back to order at which time

Mayor Poydasheff pointed out that the Council did meet in an executive session

to discuss attorney-client relationship on a litigation matter, but there were

no votes taken.



*** *** ***



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

Henderson then made a motion for adjournment. Seconded by Councilor Allen and

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

with the time being 7:51 P.M.



*** *** ***





Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia