Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

AUGUST 10, 2004





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

called to order at 9:00 A.M., Tuesday, August 10, 2004, on the Plaza Level of

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

Mayor, presiding.



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

and Councilors R. Gary Allen, Wayne 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 Rev. Jimmy Duke- St. Mark United Methodist Church.



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PLEDGE OF ALLEGIANCE: Led by Mayor Poydasheff.



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PRESENTATION OF ARCHIVAL RECORDS:



Ms. Ann Echol, came forward to present some documents that are dated back

to 1827 that she had found in the building located at 1009 Broadway. She

explained how she displayed the letters on the wall of her business, but has

since changed locations. She maintained that these letters should be in the

possession of the City of Columbus. She added that there are a total of

seventeen documents addressed to and from the Mayor, City Attorney and Council.



Upon receiving one of the letters, Mayor Poydasheff read in its entirety

the document dated 1903 addressed to the Clerk of Council.



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CITY ATTORNEY?S AGENDA:



WITH CAPTAIN ROGER BROWN (RETIRED) STANDING AT THE COUNCIL TABLE,

COUNCILOR MCDANIEL READ THE FOLLOWING RESOLUTION IN ITS ENTIRETY AS SUBMITTED

BY CITY ATTORNEY FAY AND WAS APPROVED BY THE COUNCIL:



A Resolution (338-04) - Commending and congratulating Captain Roger Brown

(Retired) upon his induction into the United States Army Ranger Hall of Fame on

July 8, 2004. Councilor McDaniel moved its adoption. Seconded by Councilor

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

with the members of Council standing for the affirmative.



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WITH MR. AQUAVIOUS SAMUELS STANDING AT THE COUNCIL TABLE, COUNCILOR SUBER

READ THE FOLLOWING RESOLUTION IN ITS ENTIRETY AS SUBMITTED BY CITY ATTORNEY FAY

AND WAS APPROVED BY THE

COUNCIL:



A Resolution (339-04) - Commending and congratulating Aquavious Samuels,

2004 graduate of Jordan High School, upon his recent gold medal during the Down

Under International Games held from July 4-16 in Australia. Councilor Suber

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

those ten members present for this meeting with the members of Council standing

for the affirmative.



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WITH MS. CHARLOTTE HAWKINS FRAZIER STANDING AT THE COUNCIL TABLE,

COUNCILOR TURNER PUGH READ THE FOLLOWING RESOLUTION IN ITS ENTIRETY AS

SUBMITTED BY CITY ATTORNEY FAY AND WAS APPROVED BY THE

COUNCIL:



A Resolution (340-04) - Commending Charlotte Hawkins Frazier upon her

receipt of the 2004 Governor's Award in the Humanities. Councilor Turner Pugh

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

those ten members present for this meeting with the members of Council standing

for the affirmative.



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RECOGNITION OF SENATOR SETH HARP:



Mayor Poydasheff recognized the presence of State Senator Seth Harp, who

was seated in the audience.



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THE FOLLOWING ORDINANCE TO AMEND THE ZONING ATLAS OF COLUMBUS, GEORGIA

CONTINUED FROM THE AUGUST 3, 2004 MEETING WAS SUBMITTED AND EXPLAINED BY CITY

ATTORNEY FAY AND A PUBLIC HEARING WAS HELD:



An Ordinance - Rezoning property located at 1048 & 1060 Double Churches

Road and property south of both parcels from an R-1 District to an R-2

District. (35-A-04-Ivy Park, LLC) (The Planning Advisory Commission recommends

denial and the Planning Division recommends approval.)



PROPONENTS:



Mr. Robert McKenna, the petitioner on behalf of Ivy Park, LLC., came

forward to identify the property requested to be rezoned, which is 12 acres

south of Double Churches Road, located east of Kirkwood and west of property

that was recently rezoned by Mr. Don Bowles to an R-2 District. He advised

that we have discussed a comprehensive building plan with Mr. Don Bowles and

have come up with the plan that has been presented. He highlighted the

benefits of rezoning this property by mentioning the cohesiveness with the

Bowles rezoning, the ability to provide a 50 foot undisturbed natural buffer

for the Kirkwood residents and be able to construct approximately 35 lots.



Councilor Davis asked Mr. McKenna to briefly explain the setbacks on lots

facing the front side of Double Churches, at which time, Mr. McKenna

acknowledged that all lots along Double Churches Road; except, for the lot

labeled #1 would be rear yards. He pointed out that lot #1 would be the only

one to have a side yard setback.



Mayor Poydasheff pointed out that the 50-foot buffer as mentioned by Mr.

McKenna is not included in the ordinance. Councilor Davis then made a motion

to add the 50 foot buffer.



In reference to a previous comment made by Mr. McKenna, Councilor

Henderson asked the petitioner if he would allow the limitation or capping of

lots at 35. Mr. Kennon then agreed with the inclusion of capping the maximum

number of lots at 35.



OPPONENTS:



Ms. Francine Climber, Lot #25, expressed concerns with the water runoffs.

City Manager Cavezza replied that the drainage cannot be determined at this

point in the process, but would be looked at during the time a permit is

needed, and would have to be compensated for and appropriately handled.



Ms. Climber continued to ask questions regarding the buffer as related to

green space, the intentions regarding the lake, distance between each home,

sidewalks and setbacks consistency with the Bowles rezoning. Mayor Poydasheff

asked that Mr. McKenna return to the rostrum to provide answers to the

questions outlined by Ms. Climber. Mr. McKenna confirmed that there would be

some filling in of the lake, but the lake is on Mr. Don Bowles? property. He

then pointed out the underground sewer lines and the sidewalks are on the

City?s property and cannot be removed. Regarding the trees that are present,

Mr. McKenna assured that most of the trees along the right-of-way would

remain.



There were other areas that Ms. Climber wanted some clarification on, one

of which was the Comprehensive Plan. Other issues of concern were regarding

the process, because Ms. Climber felt that the site map should have gone

through the Planning Advisory Commission. Mayor Poydasheff then addressed

those concerns.



Councilor Davis asked the petitioner if he would agree to a one-week delay

on first reading. Mr. McKenna maintained that he would prefer not to have

another delay on this proposed rezoning.



Ms. Becky Carter, 7176 Village Loop, came forward and pointed out that she

resides south of the property requested for rezoning. Ms. Carter first

expressed her appreciation in that the two developers have gotten together to

look at the parcel as a whole but is against an R-2 zoning where buffers are

being set up instead of leaving the natural appearance of the area. She said

that her biggest concern is for the lake. She then asked that the same

restrictions that applied to the Bowles petition be incorporated in this

present rezoning.



When asked to provide the listing of conditions from the Bowles petition,

Deputy City Manager Richard Bishop read the conditions from the ordinance and

are listed as follows: (2) Minimum of one acre shall be preserved as green

space (3) Required green space shall be located west of the existing lake.



After continued comments regarding the Bowles? petition, Councilor Turner

Pugh reminded everyone that the rezoning today is not Mr. Bowles property;

therefore, the restriction regarding the west portion not being developed has

nothing to do with this rezoning. Ms. Carter maintained that some of these

home sites share ownership between Mr. Bowles and Ivy Park, LLC.



Councilor Davis then asked for some clarification regarding the property

to the west of the lake, at which time, Mr. McKenna made an attempt to

sufficiently address the concerns, but pointed out that he was not a part of

Mr. Bowles rezoning petition. After hearing some additional comments from the

members of Council as well as Ms. Carter, Councilor Davis reiterated his

earlier motion to add two conditions: (1) 50 foot buffer and (2) limiting the

maximum number of lots on this development to 35 (3) Property confronting

Double Churches remain consistent with the conditions in the Bowles petition

and/or if they plan to touch the undisturbed natural buffer; even though, Mr.

McKenna has stated that they would not; then, the setbacks would be in such a

way that a large, mature, canopy type tree be planted along the road. City

Attorney Fay then read the conditions with legal simplicity. Mr. McKenna added

that the buffer is on the west and south.



Mayor Poydasheff then called attention to the motion, which was seconded

by Councilor Suber and carried unanimously by those ten members present for

this meeting.



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THE FOLLOWING THREE ORDINANCES TO AMEND THE ZONING ATLAS OF COLUMBUS,

GEORGIA WERE SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY AND A PUBLIC HEARING

WAS HELD ON EACH AS

ADVERTISED:





An Ordinance - Rezoning property located at 2106 Cherokee Avenue and 1919,

1921 & 2107 Garrard Street from a C-2 and an R-1A District to an R-3A District.

(33-A-04-W. C. Bradley) (Both the Planning Advisory Commission and the Planning

Division recommend approval.)



PROPONENTS AND OPPONENTS:



City Attorney Fay indicated that Mr. Doug Jeffcoat, the petitioner, was

present but did not make a presentation since no one came forward in opposition.



Councilor McDaniel commended the Lumpkin family and the W. C. Bradley

Company for developing a project for the land.



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An Ordinance - Rezoning property located at 8342 Veterans Parkway and

adjoining lots to its south (running east to the entrance of Lullwater

Apartments) and southeast from an R-1 District to a C-3 District.

(38-A-04-Developers Investors, Inc.) (Both the Planning Advisory Commission and

the Planning Division recommend conditional approval.)











PROPONENTS AND OPPONENTS:



City Attorney Fay indicated that the petitioner, Mr. Doug Jeffcoat was

present, but did not make a presentation since no one came forward in

opposition.



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An Ordinance - Rezoning property located at 5604 Dearborn Avenue from an

R-1A District to an R-2 District. (32-A-04-Wade) (Both the Planning Advisory

Commission and the Planning Division recommend approval.)











PROPONENTS AND OPPONENTS:



City Attorney Fay indicated that the petitioner, Mr. Wade, was present,

but did not make a presentation since no one came forward in opposition.



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THE FOLLOWING ORDINANCE TO AMEND THE ZONING ATLAS OF COLUMBUS, GEORGIA WAS

ALSO SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY AND A PUBLIC HEARING WAS HELD

AS

ADVERTISED:





An Ordinance - Rezoning property located at 8271 & 8201 Midland Road and

8111, 8091 & 8101 Old Pope Road from an A-1 District to an R-1A District.

(30-D-04-Erickson) (Both the Planning Advisory Commission and the Planning

Division recommend denial.)



Mr. Chris Meacham, representing Mr. Erickson, rose from the audience and

provided the address of 5704 Veterans Parkway. He then introduced Mr. Larry

French, the Landscape Architect for this project. He pointed out that this

rezoning is consistent with the Comprehensive Plan. He expounded on reasons

that he believes the rezoning should be approved by emphasizing the lot size,

the extended buffer with green space, the minimized traffic impact to Old Pope

Road and the availability of sewers. Regarding the agricultural

characteristic, Mr. Meacham maintained that this area is no longer agricultural

but is a residential area. He contended that there is manufacturing to the

south of the proposed rezoning; therefore, this area is in transition. He

challenged the negative factor listed in the staff report and continued to read

the excerpts of the report. He called upon Mr. French to provide the details

of the development.



Mr. Larry French, representing French & Associates, came forward to

provide brief background information on his business, which specializes in

landscape architecture and land use planning and surveying. Councilor Turner

Pugh immediately asked if the A-2 zoning concept had been considered for this

project, at which time, Mr. French explained that there were a number of

concept plans for this project that included A-2 but with the cost of

construction associated with the cost of development, we did not feel that it

was feasible.



Using a large drawing placed on an easel, Mr. French gave a detailed

overview of the project plans for properties proposed for rezoning. He

highlighted various aspects of the 70 acres project by stating that we are

proposing a number of buffers associated with the project to maintain the

corridor along Midland Road and the majority of the frontage on Old Pope Road

would consist of larger lots of approximately three quarters of an acre. He

mentioned that there is a natural drainage that runs through the middle of the

project and we have proposed to maintain the native plant material and tree

scape in that area. He also suggested on the north side of the project, a

50-foot buffer along that area with the lots immediately to the east would be

approximately one-half acre in size.



In response to comments made regarding the need for this type of

development in this area, Councilor Allen mentioned the Garrett Creek

Subdivision has a mixture of R-1, R-1A and R-2 zonings and the Grand Tree

Subdivision is one acre and up, which promotes the need for properties in this

area to be one acre and up. Mayor Poydasheff expounding on these comments,

stated that Councilor Allen is pointing out that there is a surplus of this

type of residential areas that you are proposing already.



At this time, Mr. French responded to several questions and comments made

by the members of Council. Councilor Davis called attention to another plan

that had been considered. Mr. French then addressed the Plan ?B? concept that

was considered but felt that it would be a much stronger approach to the

community to have a perimeter buffer be maintained and protected; then, the

interior buffering.



Mr. David Erickson, the petitioner, also came forward to express his

support for the project and to briefly explain why the A-2 zoning was not

feasible. He then asked for suggestions on any combinations of pieces that are

workable to incorporate the proposed rezoning.



There were several comments made with Mr. Erickson further explaining his

position regarding this rezoning request. He maintained that the housing

policy in the City of Columbus is not in good alignment with our industrial

growth plan and the base realignment and protection system. Councilor Allen

then made reference to some of the comments made by Mr. Erickson.



Councilor Turner Pugh maintained that the purpose for coming up with the

zonings in between was to have the mixed districts, but we have asked that

those pieces of property that abutted existing home owners that the petitioner

would take into consideration either A-1 or A-2 districts; then, move

downward. She explained that once Mr. Erickson got to the R-1 zoning, this

would be up against the piece of property that is zoned M-1 district that is on

the other end.



Councilor Suber reiterated comments made by Councilor Turner Pugh

regarding buffering the area with either A-1 or A-2 zonings. Councilor

Henderson suggested that we are going to have to see more flexibility in not

just the zoning classification but in the lot sizing and the mixing of the

classifications within the development and not just blankly say A-1 around the

perimeter, he does not believe is the answer. He continued by saying that if

we allowed more latitude to developers with regard to lot width and/or depth;

then, the developer could retain some of the natural buffer and trade-off some

smaller lots on the interior.



OPPONENTS:



State Senator Seth Harp, 8000 Midland Road, came forward to advise that he

lives in this neighborhood. He advised that his concerns have been expressed

around the table. He then expressed concerns regarding the impact on schools,

fire and emergency services due to the proposed density of the properties.



Mr. Terry Gumbert, 11226 Rambling Trail, rose from the audience and

immediately made reference to the individuals that were seated in the audience,

who were in opposition to this rezoning. He advised that we would have only

one speaker today. He emphasized the character of the neighborhood and advised

that we would like to continue to see developments that follow the basic

principles of that character in the future.



In conclusion of the comments made by Mr. Gumbert, City Attorney Fay

declared that the public hearing had been held, but Councilor Davis indicated

that he has some additional comments that he would like to address to Mr.

Erickson. He proceeded by asking Mr. Erickson if he wanted to be given some

time to go back and readjust his petition and come back to the Council with a

different concept. He pointed out that he would request a delay if Mr.

Erickson is intending to bring something back, at which time, Mr. Erickson said

that he is not prepared to embrace the A-2 zoning concept, because he does not

believe the market is there. He went on to say that he has brought forward the

R-1A zoning intentionally to put as many tools on the table to attempt to bring

something together. Providing examples of combinations that could be done, Mr.

Erickson suggested that he had once talked about a proposal that limited the

number of lots per acre. He said give us some restrictions and let us figure

out how to do it. He also suggested larger lots in the north section touching

up in the Liberty Hall direction. Councilor Turner Pugh reiterated her

previous comments by stating that we are not saying that the whole piece of

property has to be rezoned A-2 district, but she believes that it has not been

fully understood that we are not implying that, but we are talking about mixed

districts. With that clarification, Mr. Erickson advised that he would embrace

the suggestion of Councilor Davis for a two-week delay.



City Manager Cavezza mentioned that we are trying to develop a

conservation concept that sets specific rules. He cautioned that if the staff

was to take each individually and try to work with the developer, rezonings

would go on forever with not just Mr. Erickson but with other developers as

well.



After making some brief comments about the process, Councilor Davis said

in an effort to be fair and just with all requests, he believes it is

appropriate to give individuals the opportunity to find some common ground.

Mayor Poydasheff pointed out that there is no motion on the table to delay this

matter, at which time, Councilor Davis made the motion for a three week delay

when it was determined that because of the work session it would need to be

three weeks. Seconded by Mayor Pro Tem Rodgers.



Mayor Pro Tem Rodgers asked if the Council could legally approve an R-1A

zoning classification, but limit by condition the perimeter lots to a certain

size? City Attorney Fay advised that this could be done. Mayor Pro Tem

Rodgers said the concept has been put forth with A-2 perimeter lots, but we

don?t want to rezone them A-2, but can we condition those perimeter lots to an

area that is equivalent to an A-2. When City Attorney Fay agreed with these

comments, Mayor Pro Tem Rodgers said that this would not require going back to

the Planning Advisory Commission, because the Council could condition it at the

table. Councilor Turner Pugh said that if this rezoning is going to be delayed

she would hope that we would all receive a copy of the information.



Before the vote was taken, Councilor Allen requested that the vote for

delay be defeated. After additional comments regarding potential changes to

the rezoning request, City Attorney Fay maintained that if Mr. Erickson asked

for a different classification; then, it would have to go back to the Planning

Advisory Commission, but if, the Council desires to restrict the R-1A zoning to

a certain number of lots to this particular square footage; then, this would

not be asking for a different zoning classification.



In conclusion of the final discussion of this matter, Mayor Poydasheff

called attention to the motion for a three week delay, which was defeated by a

two to eight vote, with Councilor Davis and Mayor Pro Tem Rodgers voting yes

and Councilors Allen, Anthony, Henderson, Hunter, McDaniel, Turner Pugh, Suber

and Woodson voting no.



Mayor Poydasheff reminded everyone that the motion for delay failed;

therefore, this rezoning ordinance would be on second reading next week.

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NOTE: Councilor Suber left the meeting during this part of the proceeding with

the time being 11:25 a.m.

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BRACK:



Mayor Poydasheff felt compelled to speak about BRACK. He reported that we

have been concerned about BRACK from the time he was elected in September of

2002, and we started working with military leadership, the Development

Authority and the Chamber of Commerce and have an outstanding BRACK committee.

He announced that our people are convinced that there is enough housing

throughout the City of Columbus that would provide adequate housing, not to

mention the significant housing and remake over going on in Fort Benning at

this time. He pointed out that we are concerned about BRACK and what we are

considering is not that Ft. Benning is going to close, but our desire is to

bring in more units and significant players into the community. He maintained

that there is a great probability for a Brigade, and this is what we have been

working on.



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THE FOLLOWING TWO ORDINANCES AMENDING THE ZONING ATLAS OF COLUMBUS,

GEORGIA WERE SUBMITTED BY CITY ATTORNEY FAY AND APPROVED BY THE COUNCIL ON

SECOND READING BY A SINGLE MOTION MADE BY COUNCILOR ALLEN AND SECONDED BY

COUNCILOR WOODSON WHICH CARRIED UNANIMOUSLY BY THOSE NINE MEMBERS PRESENT WITH

COUNCILOR SUBER HAVING LEFT THE MEETING:



An Ordinance (04-66) - Rezoning property located at 715 Sheridan Avenue

from an A-0 District to an R-3A District. (34-A-04-Habitat for Humanity)











An Ordinance (04-67) - Rezoning part of 8501 Fortson Road from an A-1

District to a C-3 District. (37-CA-04-Catrett)











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THE FOLLOWING ORDINANCE AMENDING THE ZONING ATLAS OF COLUMBUS, GEORGIA WAS

ALSO SUBMITTED BY CITY ATTORNEY FAY AND APPROVED BY THE COUNCIL ON SECOND

READING:





An Ordinance (04-68) - Rezoning property located at 5070 Warm Springs Road

from an R-1A District to an A-0 District. (26-D-04-Kingrey)



Councilor Turner Pugh moved the ordinance be defeated. First

acknowledging that both the Planning Advisory Commission and the Planning

Division has recommended denial, Councilor Allen stated that we have worked out

some conditions and through the Planning Division; the petitioner has added a

buffer in the back of the property.



At this time, Mr. Ralph Kingrey, the petitioner, asked for some

clarification on the condition regarding the buffer, because he has some

concerns with the north side buffer, which would increase from 15 foot to 40

foot. When the petitioner was asked what option has he chosen, Mr. Kingrey

proposed 15 feet with a 6 feet wooden fence and the shrubbery and the trees.

City Attorney Fay advised that the ordinance has been amended to include a 15

ft landscape buffer and 6 to 8 foot wooden stockade fence to be provided on the

northern and southern property line as well as the 100 feet natural buffer on

the eastern rear line.



After some clarification on this matter, Councilor McDaniel moved

approval. Seconded by Councilor Allen and carried unanimously by those nine

members present with Councilor Suber having already left the meeting.



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THE FOLLOWING ORDINANCE WAS SUBMITTED BY CITY ATTORNEY FAY AND APPROVED BY

THE COUNCIL ON SECOND

READING:



An Ordinance (04-69) - Amending Chapter 21 of the Columbus Code so as to

revise the regulation of Taxicab businesses in Columbus, Georgia; to provide

for licensing of Taxicab businesses; to provide for criminal background checks

of Taxicab company owners and drivers; to provide for Taxicab driver permits;

to provide for revocation of business licenses and permits; to increase rates;

to provide insurance requirements and for inspection of Taxicabs; and, for

other purposes. Councilor Henderson moved approval. Seconded by Councilor

Woodson and carried unanimously by those nine members present with Councilor

Suber having already left the meeting.



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THE FOLLOWING TWO ORDINANCES WERE SUBMITTED AND EXPLAINED BY CITY ATTORNEY

FAY AND INTRODUCED ON FIRST

READING:



An Ordinance - Revising regulations for the use, maintenance, installation

and connection of building and other sanitary sewers; establishing standards of

liquid wastes acceptable into the sanitary sewage system of Columbus, Georgia;

regulating industrial wastes discharged into the sanitary sewer system;

providing a system of fees and charges for industrial waste and other

contributors; providing remedies and penalties for violation hereof; and for

other purposes.



City Manager Cavezza gave a brief overview by stating that these are

changes that are mandated by State, at which time, Mr. Bob Tant, Columbus Water

Works, came forward to provide some additional information. He advised that

this is an existing ordinance; therefore, this is just a renewal or updating of

the ordinance as required by State regulations. He pointed out that we don?t

have a choice but to adopt the State mandates.



In response to a comment made by Mayor Poydasheff, Mr. Tant confirmed that

the fees are already established by the Board of Water Commissioners. Mayor

Poydasheff emphasized the fact that the fees are already in place and this

ordinance would not give license for additional fees.



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An Ordinance - Amending Sections 19-151 and 19-152 of the Columbus Code

(Taxation and Licenses) so as to revise regulations for payment of business

license taxes by depository financial institutions located within the

consolidated government; and for other purposes.



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PUBLIC AGENDA:



MR. EDWARD MOORE, JR., RE: THE CONDITION OF BUILDINGS LOCATED IN SOUTH

COLUMBUS:





Mr. Edward Moore, Jr. did not appear, when given the opportunity to come

before the members of Council.



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CITY MANAGER?S AGENDA:



THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY MANAGER

CAVEZZA AND ADOPTED BY THE COUNCIL ON A SINGLE MOTION MADE BY COUNCILOR TURNER

PUGH AND SECONDED BY COUNCILOR ALLEN AND CARRIED UNANIMOUSLY BY THOSE NINE

MEMBERS PRESENT WITH COUNCILOR SUBER HAVING ALREADY LEFT THE

MEETING:





A Resolution (241-04) - Authorizing a request to grant the Federal

Government a 40' temporary work area easement consisting of 3.81 +/- acres for

the construction of a Cantonment Fence at Fort Benning, Georgia.



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EXECUTIVE SESSION:



City Manager Cavezza requested an executive session to discuss a real

estate issue and potentially one on personnel.



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NEON LIGHTING:



Councilor Woodson asked that City Manager Cavezza conduct a follow up on

the matter in the downtown area regarding the neon lighting. She said that it

has not been brought to her attention, but there was an article in the

Ledger-Enquirer about it. City Manager Cavezza stated that the business had

been cited several times and never responded, and as a result when they did

respond, they were hit with a hefty fine. He maintained that anybody that has

a problem with the Uptown Fa?ade Board could appeal their case, but the Uptown

Fa?ade Board is just upholding the rules.



Councilor Woodson wanted to know how often these rules are reviewed, at

which time, City Manager Cavezza reminded everyone that about a year ago Mr.

Peter Bowden, who was the chairman of the board at that time, came to Council

and laid those rules out and made some adjustments based on the Council?s

suggestions.



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PUBLIC SAFETY:



Councilor Woodson expressed concerns regarding a letter she and other

Councilors received that basically reads that our public safety is not doing

their job. She then asked that the Police Department pull up those 911 calls

in reference to the house mentioned in the letter. She said that she would

like to know how many times that house was called in, as well as, if there have

been any letters from public safety to that property owner to let them know

that there is foul play there. She recalled that Senator Ed Harbison provided

assistance in getting a law passed that reads that if there is a hazard or

illegal drug activity going on at a particular property; then, three letters

would be written to that property and that owner could be taken to court and

the house could be taken from that owner.



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HAWTHORNE DRIVE:



Councilor Woodson also mentioned that this same letter talks about the

speeding on Hawthorne Drive. She then asked that Deputy City Manager Bishop

come forward to make comments about Hawthorne, Howe, Avondale and Patton

Drive. She said that it did not meet the requirements for speed tables.

Deputy City Manager Bishop said that within the last six months, we have

conducted a traffic study to determine if the speed limits were being abused on

Howe and Avondale. He reported that the survey came back to show that those

streets did not meet the warrant for the City to put speed tables out there.



There were several other comments made in regards to the letter with

Councilor Woodson making further comments regarding the mention of drag racing

on Hawthorne Drive. She then asked to be provided with 911 calls regarding

potential drag racing on Hawthorne Drive.



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BASKETBALL GOALS:



In response to comments made by Councilor Woodson regarding the basketball

goals, City Manager Cavezza addressed those concerns by stating that the

neighbors should probably attempt to work it out.



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NOTE: Councilor Anthony left the meeting during this part of the proceeding

with the time being 11:44 a.m.

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GATE AT RIGDON PARK:



Continuing to reference the letter received, Councilor Woodson recalled

that we had requested a gate at Rigdon Park, but the community and everyone was

against a gate there, but this letter is requesting that the Mayor have a gate

put there. Mayor Poydasheff said that we just received the letter today, and

he had the members of Council provided with a copy. He assured that we would

be working on these issues.



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CLERK OF COUNCIL?S AGENDA:





THE FOLLOWING ITEMS WERE SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR &

COUNCIL:





(1) Notice of the next meeting of the West Central Georgia Regional Board for

MH/DD/AD to be held at the West Central Regional Hospital, 3000 Schatulga

Road, at 3:00 p.m.



(2) Biographical Sketch of Ms. Cherie Sanders, nominee to replace Ms. Marlene

Solis on the Uptown Facade Board.



*** *** ***



THE FOLLOWING TWO TEMPORARY STREET CLOSURE APPLICATIONS WERE SUBMITTED BY

CLERK OF COUNCIL WASHINGTON AND APPROVED BY THE COUNCIL ON A SINGLE MOTION MADE

BY MAYOR PRO TEM RODGERS AND SECONDED BY COUNCILOR TURNER PUGH AND CARRIED BY

THOSE EIGHT MEMBERS PRESENT WITH COUNCILOR SUBER AND ANTHONY HAVING ALREADY

LEFT THE MEETING:



Application of Janice Davis to temporarily close 10th Street from 1st

Avenue to Broadway, on August 21, 2004, from 9:00 p.m. to Midnight, in

connection with the ?Inmotion 2004 ? Uptown Columbus Laser Show?. (Police

Department is recommending approval.)



Application of Janice Davis to temporarily close the 1000 block of

Broadway, 10th Street from Broadway to Bay Avenue, from 3:00 a.m. on August 21,

2004 to 2:00 a.m. on August 22, 2004, in connection with the ?Inmotion 2004?.

(Police Department is recommending approval.) (Opposition has been identified.)



*** *** ****



MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF

COUNCIL WASHINGTON AND OFFICIALLY RECEIVED BY THE COUNCIL:



Airport Commission, May 5, 2004.

Development Authority, July 1, 2004.

Golf Authority, July 22, 2004.

Tax Assessors, No. 30.



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

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

present for this meeting with Councilor Suber and Anthony having already left

the meeting.



*** *** ***



THE FOLLOWING TWO NEW ZONING PETITIONS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND AN ORDINANCE AND PUBLIC HEARING WAS

CALLED FOR EACH BY COUNCILOR

ALLEN:

Petition submitted by Spectrum Realty, Inc. to rezone approximately 0.27

acre of property located at 4420 St. Francis Avenue from an R-2 District to a

C-3 District. (Recommended for conditional approval by both the Planning

Advisory Commission and the Planning Division.) (45-CA-04-Spectrum Realty,

Inc.)

Petition submitted by Arlesia Flemister to rezone approximately 0.24 acre

of property located at 1059 McBride Drive from an R-1 District to a C-2

District. (Recommended for conditional approval by the Planning Advisory

Commission and denial by the Planning Division.) (46-D-04-Flemister)

(Petitioner has submitted letter requesting public hearing. See Item #6 on

Clerk?s Agenda.)



*** *** ***



BOARD APPOINTMENTS:



CIVIC CENTER ADVISORY BOARD:



Clerk of Council Washington advised that we still need a nominee for the

position of Mr. Terry Hattaway on this board; this is the Council District Five

Representative. There were none.



*** *** ***



COMMUNITY DEVELOPMENT ADVISORY COUNCIL:



Clerk of Council Washington advised that Councilor Woodson nominated Mr.

Douglas Bryant for the Council District Seven seat and he may be confirmed.

Councilor Turner Pugh moved confirmation. Seconded by Councilor Woodson and

carried unanimously by those eight members present for this vote with

Councilors Suber and Anthony having left the meeting.



Councilor Henderson placed the name of Mr. Daniel Priban in nomination on

behalf of Councilor Anthony to replace Ms. Tish Towns as the Council District

Ten representative. Councilor Henderson then moved confirmation. Seconded by

Councilor Turner Pugh and carried unanimously by those eight members present

for this vote with Councilors Suber and Anthony having left the meeting.



Mayor Poydasheff further pointed out that we still need nominations for

Councilor Districts Four and Eight.



*** *** ***



PUBLIC SAFTY ADVISORY COMMISSION:



Clerk of Council Washington pointed out that she has outlined these seats;

therefore, the Council could begin making their nominations.



*** *** ***



TREE BOARD:



Clerk of Council Washington advised that Ms. Susan Kleto has resigned from

this board; she is the Forestry Professional Representative. Mayor Pro Tem

Rodgers nominated Mr. James Head for this position. Clerk of Council

Washington said that we would bring this back on next week.



*** *** ***



UPTOWN FA?ADE BOARD:



Clerk of Council Washington advised that Ms. Cherie Sanders was

recommended by the Uptown Business Association to replace Ms. Marlene Solis.

Councilor Turner Pugh moved confirmation. Seconded by Councilor Woodson and

carried unanimously by those eight members present for this vote with

Councilors Suber and Anthony having left the meeting.



*** *** ***



YOUTH ADVISORY COUNCIL:



Clerk of Council Washington advised that we still need a nominee for the

Council District Five Representative. There were none.





*** *** ***



Mayor Poydasheff asked if there was anyone in the audience who had a

matter to bring before the Council, at which time, a gentleman rose from the

audience.



*** *** ***



SWIMMING POOL CLOSING:



Mr. James Edgar Hendricks came forward to express his concerns for the

early closure of the City swimming pool. He pointed out that August and

September are excellent swimming months and is helpful for therapeutic

purposes. He said that the adults at the Gallops Center use this pool as well,

and asked for consideration to reopen the swimming pool. City Manager Cavezza

said that Councilor Hunter raised this same issue on last week, but it is a

money issue. He agreed that we should keep the pool open, but we cannot afford

to pay the lifeguards because it is not in the budget. He suggested volunteer

lifeguards as a means to remedy the situation.



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

NOTE: Councilor Davis left the meeting during this part of the proceeding with

the time being 11:50 a.m.

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

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



Mr. Hendricks pointed out that he is a lifeguard, at which time, Mayor

Poydasheff asked that Mr. Hendricks meet with City Manager Cavezza and discuss

the various options.



*** *** ***



EXECUTIVE SESSION:



Mayor Poydasheff called attention to the request from City Manager Cavezza

for a brief executive session to discuss a real estate matter.



Councilor Turner Pugh then made a motion for the Council to go into an

executive session, to discuss a real estate matter. Seconded by Councilor Allen

and carried unanimously by those seven members present for this vote with

Councilors Suber, Anthony and Davis having left the meeting.



*** *** ***



At 11:55 a.m., the meeting was adjourned to allow the Council to go into

an executive session.



At 12:05 p.m., the regular meeting was called back to order, at which time

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

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



*** *** ***



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

Turner Pugh then made a motion for adjournment. Seconded by Councilor Woodson

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

meeting with Councilors Anthony, Davis, Hunter and Suber having left the

meeting with the time being 12:06 p.m.



*** *** ***





Sandra T. Davis

Deputy Clerk of Council

The Council of Columbus, Georgia