Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR MEETING

JULY 19, 2005



The regularly weekly meeting of the Council of Columbus, Georgia was called to

order at 9:00 A.M., Tuesday, July 19, 2005, on the Plaza Level of the

Government Center, Columbus, Georgia. Honorable Robert S. Poydasheff, Mayor and

Honorable John J. Rodgers, Mayor Pro Tem, presiding.



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PRESENT: Present other than Mayor Robert S. Poydasheff and Mayor Pro Tem John

J. Rodgers were Councilors R. Gary Allen, Wayne S. Anthony, Glenn Davis, Berry

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

Nathan Suber and Evelyn Woodson. City Manager Isaiah Hugley, City Attorney

Clifton Fay, Clerk of Council Tiny B. Washington (arrived at 10:20 a.m.) 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 Mrs. Maryellen Canada- Director, Westminster Christian

School.



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PLEDGE OF ALLEGIANCE: Led by students from Westminster Christian School.



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MINUTES: Minutes of the July 12, 2005 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 Henderson which carried unanimously by those ten members present for

this meeting.

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SISTER CITY VISIT:



Mr. Tom Beal, came forward to report on the recent visit to our Sister

City of Bistrita, Romania. Mr. Beal pointed out that there were thirty-six

people who went on this trip. Using a power point presentation, Mr. Beal

provided pictures of the Cultural Hall where the concerts were held. He then

called attention to a poster that advertised the concerts, which were free of

charge to the public. He also read the translated excerpts of a newspaper

article that was published on the day that they had left. As Mr. Beal made

comments regarding a stage that was used by Ceausescu in the 70?s and 80?s to

doctrine the masses and communism. Mayor Poydasheff expounding further on

Nicolae Ceausescu, by stating that Ceausescu was the brutal communist dictator

who was subsequently executed by the people of Romania, as well as, his wife.

Mr. Beal added that the execution occurred in December of 1989 during the

overthrow of communism and that dictatorship.



He spoke briefly about the areas that they had visited in Bistrita,

Romania. He reported that they had visited schools and even taught in several

of the classes. The visit also included, as mentioned by Mr. Beal, a music

school. Mr. Beal pointed out that there was a team of doctors and nurses that

went on this visit and they had the opportunity to work side-by-side with

doctors and other medical personnel in the hospital and medical system there.

He said that they had the opportunity to be able to provide medical supplies to

the hospital. Mr. Beal stated that they met with the Mayor of Bistrita,

Romania in the Council Chamber and had the opportunity to give the gift from

Mayor Poydasheff to Mayor Moldovan.



Mr. Beal highlighted some areas of focus for the future, as well as, areas

where continued support is needed and are listed as follows: medical

partnership, educational, working the orphanages and work with the churches.

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PROCLAMATIONS:



?GEORGIA CLIENTS COUNCIL DAYS?:



With Ms. Annie Erving, Vice President of the Executive Board of Georgia

Legal Services, standing at the council table, Councilor Hunter read the

proclamation of Mayor Poydasheff, proclaiming July 28 - 30, 2005, as ?Georgia

Clients Council Days? in Columbus, Georgia.



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?BELL SOUTH 125TH ANNIVERSARY?:



With Ms. Camille Russo standing at the council table, Councilor McDaniel

read the proclamation of Mayor Poydasheff, expressing high honor and

recognition for the ?Bell South 125th Anniversary? in Columbus, Georgia.



Ms. Camille Russo, invited the members of Council to the celebration,

which Bell South is a part of, that?s called ?Made in Columbus? that would be

held at the Columbus Museum. She said that there would be a reception for the

opening of the exhibit, July 21, 2005, at 2:00 p.m.

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CITY ATTORNEY?S AGENDA:



WITH COACH CHARLES FLOWERS AND THE SHAW HIGH SCHOOL BASEBALL TEAM STANDING

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

COUNCILOR DAVIS AND ADOPTED BY THE

COUNCIL:



A Resolution (345-05) - Commending and congratulating Shaw High School

Baseball Team upon recently finishing as runner-up in the 2005 Class AAA

Georgia State Championship held at Golden Park. Councilor Davis moved the

adoption of the resolution. Seconded by Councilor Hunter and carried

unanimously by those ten members present for this meeting standing to cast

their affirmative vote.



Councilor Henderson congratulated Coach Charles Flowers on his recent

promotion by the Muscogee County School Board to Athletic Director.



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

ITS ENTIRETY BY MAYOR PRO TEM RODGERS AND ADOPTED BY THE

COUNCIL:



A Resolution (346-05) - Conveying condolences to the citizens of London,

England for the terrorist bombings on Thursday, July 7, 2005. Mayor Pro Tem

Rodgers moved the adoption of the resolution. Seconded by Councilor McDaniel

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



Mayor Poydasheff requested that a copy of the resolution be sent to Lt.

Colonel Delehay, who is the British Liaison Officer at Ft. Benning, Georgia.

Councilor Anthony suggested that a copy of the resolution also be sent to the

Parliament of England. Mayor Poydasheff added that the Secretary of State

Condoleeza Rice be sent a copy as well.



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WITH MR. LEE BRANTLEY, GENERAL MANAGER OF WTVM, STANDING AT THE COUNCIL

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

AND ADOPTED BY THE COUNCIL:





A Resolution (347-05) - Commending and congratulating WTVM of Columbus

upon recently sponsoring Thunder on the Hooch and God and Country Celebration

on July 4, 2005. Councilor Anthony moved the adoption of the resolution.

Seconded by Councilor Hunter and carried unanimously by those ten members

present for this meeting standing to cast their affirmative vote.



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NOTE: City Attorney?s Agenda continued below.



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RECOGNITION OF MARSHAL GREG COUNTRYMAN:



Mayor Poydasheff recognized the presence of Marshal Greg Countryman, who

was seated in the audience.

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ZONING PUBLIC HEARING:



THE FOLLOWING ZONING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY

FAY AND ITS PUBLIC HEARING WAS DELAYED UNTIL AUGUST 16,

2005:



An Ordinance - Rezoning property located at the North side of St. Mary?s

Road, bordered by Fort Benning, is proposed for rezoning from R-1A (Low Density

Residential) District to R-3A (Medium Density Residential) District.

(27-D-05-Kimbrough Properties, L.P.)



City Attorney Fay recalled that the Council voted on last week to delay

the public hearing of this ordinance. He advised that if there is anyone

present regarding this rezoning, they could be heard.



-OPPOSITION:



Ms. Bonnie Johnson, 5716 St. Mary?s Road, was present to express her

opposition to this rezoning request due to the number of acres involved, the

increased traffic and congestion, flooding problems and the overcrowding school

situation. She briefly explained that there is only one outlet onto St. Mary?s

Road, which could cause difficulties in emergency situations. She then

submitted a videotape of the flooding problems in the area. (The videotape was

submitted to Deputy Clerk of Council Davis for the record.)



Councilor Hunter agreed that the traffic situation is terrible and has

been exacerbated by the fact that Ft. Benning has cut off an exit to St. Mary?s

Road by creating the cul-de-sac and cutting off Moye Road.



Mayor Poydasheff advised that himself along with Mayor Pro Tem Rodgers

would be readdressing the issue with the leadership at Ft. Benning some time

this week. He also pointed out that both the Planning Advisory Commission and

the Planning Division recommended denial.



In response to a question of Councilor Woodson, Deputy City Manager

Richard Bishop pointed out that there may be another option for a second outlet

to that area, and that is one of the things that we are working on.



Councilor Woodson requested some information on the impact of the flooding

in the area, the developments and the opening of any roads that may be done.



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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 AND

WITHDRAWN:



An Ordinance - Rezoning property located at 2421 Victory Drive is proposed

from LM1 (Light Manufacturing/Industrial) District to GC (General Commercial)

District. (31-CA-05-Iglesia de Dios Pentecostal, M.I.)



City Attorney Fay advised that if the petitioner is requesting this

withdrawal; then, we would need a vote from the members of Council. Councilor

Suber moved to withdraw the petition. Seconded by Councilor Woodson and

carried unanimously by those ten members present for this meeting.



City Attorney Fay said that the petition has been withdrawn, and under the

Council rules, the petition cannot come back for rezoning with the same

classification for one year or different classification for six months.

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CITY ATTORNEY?S AGENDA CONTINUED:



THE FOLLOWING ZONING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY

ATTORNEY FAY AND DEFEATED BY THE COUNCIL ON SECOND

READING:





An Ordinance - Rezoning property located at 1267 Alta Vista Road is

proposed for rezoning from SFR2 (Single Family Residential 2) District & GC

(General Commercial) District to CO (Commercial-Office) District.

(29-D-05-Milner /Harrelson)



Councilor Suber moved its adoption. Mayor Poydasheff said that we first

needed a vote to amend Condition Number Five. City Attorney Fay pointed out

that a revised Condition Number Five has been passed around the table, as well

as, a Condition Number Six that adds the reversionary clause. Councilor Suber

moved approval of the amended Condition Number Five and the new Condition

Number Six. Seconded by Councilor Henderson.



City Attorney Fay explained that Condition Number Five limits it to a

meeting hall / lodge use only and Condition Number Six would cause the zoning

classification to revert back to the previous zoning if it ceases to be used

for that purpose.



Responding to comments made by Mayor Pro Tem Rodgers, City Attorney Fay

stated that we do not want to restrict it to one property owner. Mayor Pro Tem

Rodgers continued by stating that the Clerk?s Office is in possession of a

petition from some property owners in that area with a large majority of the

residents not knowing that a rezoning was required. He said that it is his

understanding that there was just a request made to be able to use the property

for that function. (A copy of the petition was filed and is hereby made a part

of the record.) He cautioned that what could take place in a meeting hall,

aside from the Knights of Columbus, are far reaching. He explained that a

great number of activities could go on in those lodge halls. He then

emphasized that there is a clear distinction between this and the one on Norris

Road, because there was only one residential piece of property between the

property on the petition and the great proportion of property that was already

commercial in that area. He pointed out that this is right in the middle of a

residential neighborhood.



Councilor Henderson said that his intentions last week were not to make it

too restrictive, but to define the use of the property and limit the impact on

the residents. He then asked if Condition Number Five that reads ?the property

shall be used as a lodge / meeting hall only? would restrict the renting of the

property for private functions. After some further clarification, City

Attorney Fay advised that if there is a private function, he does not know how

much policing could be done. Councilor Henderson said that he would be

interested in knowing the intentions for using this property, because his

understanding originally was that it would be used strictly for the Knights of

Columbus to hold their meetings and that?s all.



At the request of Councilor Henderson, Councilor Suber made a motion that

the petitioner be heard. Seconded by Councilor Henderson and carried

unanimously by those ten members present for this meeting.



Mr. Ed Garrett, Deputy Grand Knight of the Knights of Columbus Lodge, came

forward to advise that the property would be used strictly for a meeting

place. He then briefly explained the meeting situation as it exists now and

provided some information regarding the purpose of Knights of Columbus.



In response to a question of Councilor Henderson, Mr. Garrett replied that

they would not be leasing or renting the property to anyone. He explained that

any functions held would be within the Knights of Columbus and their council.



Mr. Rodney Milner, co-owner of the property, responding to questions from

Councilor Anthony pertaining to the property, advised that a burnt church is on

the property. Councilor Davis asked about the owner?s intentions regarding the

property, at which time, Mr. Milner explained that if the property is not

rezoned; then, it would be sold or rebuilt. The potential owners of the

property, Mr. Bob Deslores, Grand Knight of the Knights of Columbus Lodge, was

then asked to approach the rostrum to respond to various questions regarding

the number of members and meetings held.



Mayor Pro Tem Rodgers pointed out that we are dealing with a land use and

with this ordinance, any other social organization could potentially qualify to

use the property as a lodge, some of which may not necessarily possess the

integrity of the Knights of Columbus.



Councilor Suber reiterated his earlier motion for adoption of this

ordinance. He reminded everyone that just last year we approved converting a

church to be used by an organization and in his opinion, this request is much

more amenable then the previous rezoning. Councilor Anthony added that he

would want to get into the evaluation of organizations but to be fair and

consistent across the city with properties that are available on the exterior

of neighborhoods, rather than, the interior of the neighborhoods.



Mayor Pro Tem Rodgers pointed out that this property already has duel

zoning now. He then asked if Mr. Milner would be amenable to selling to the

Knights of Columbus the portion of the property that is already zoned general

commercial. Mr. Deslores recalled that the back portion of the property does

not have an entrance to it, because the road is not paved; it is basically all

woods.



Councilor Turner Pugh called attention to the rezoning involving the Teen

Challenge Center and asked questions regarding the reversionary clause in that

ordinance. She maintained that we have done this previously, where we have

rezoned property with restrictions to say that when that person ceases to use

it; then, it reverts back to its original zoning. City Attorney Fay said that

in Condition Number Six, we have in effect done this, but he advises against

restricting the use to one property owner only; this is the problem. City

Attorney Fay said that it should have been worded before ?if the property

ceases to be used for that purpose?, and that is what is regulated with the

rezoning.



In response to further questions regarding restricting the property use to

one owner, City Attorney Fay reemphasized that it could be a problem pertaining

to property right where the owner could not sell or lease the property as

zoned. Councilor Suber said we have asked the owner of the property if they

would agree to prohibit any other use of the property. City Attorney Fay

agreed that we have restricted the property to one use, but other owners or

tenants could use that property but only for that particular use.



Councilor Turner Pugh then called attention to Ordinance 04-104 that was

adopted December 7, 2004, which reads ?If the property ceases to be operated as

a women?s home for Teen Challenge, then the Planning Division shall rezone the

property back to the R-1 zoning district.? Mayor Pro Tem Rodgers said that

when the Council unreasonably restricts the use of that property by the owner,

this would subject the City to a lawsuit, which is going to completely remove

any condition and they would be able to do anything with the property.



Councilor Turner Pugh then asked the petitioner if he would have a problem

with the property being restricted to usage by Knights of Columbus, at which

time, Mr. Rodney Milner replied that he did not have a problem with it.

Councilor Turner Pugh then asked the Knights of Columbus if they would have a

problem with the property being restricted to usage by Knights of Columbus, at

which time, Mr. Ed Garrett replied that he does not believe we have a problem

with it.



After some additional discussion regarding the amendment to Condition

Number Five, Councilor Turner Pugh made a substitute motion to restrict the

property use to Knights of Columbus. Seconded by Councilor Woodson and

resulted in an insufficient vote for action by a 2 to 8 vote with Councilors

Turner Pugh and Suber voting yes and all other eight members voting no.



Mayor Poydasheff called attention to the original motion to approve

Condition Number Five as written, which reads ?the property shall be used as a

lodge / meeting hall only?. This resulted in a tie vote of 5 to 5 with there

being an insufficient vote for action. Councilors Allen, Henderson, Hunter,

Suber and Woodson voting yes and Councilors Anthony, Davis, McDaniel, Rodgers

and Turner Pugh voting no. Mayor Poydasheff broke the tie by voting in favor

of the amended Condition Number Five, which resulted in a 6 to 5 vote to

approve the condition.



Councilor Suber then moved adoption of the ordinance. This motion dies

for the lack of a second. Mayor Pro Tem Rodgers moved it be defeated.

Seconded by Councilor McDaniel and carried by a 9 to 1 vote with Councilor

Suber voting no and all other members present voting in favor to defeat the

ordinance.



Councilor Suber requested that City Attorney Fay review all of the

rezonings that the Council has approved in a similar fashion as the Teen

Challenge ordinance and attempt to correct those rezonings. Councilor Woodson

requested that the staff set up a workshop and establish a group to research

church buildings that are no longer being used for that purpose and are being

utilized by other groups or organizations in neighborhood communities to find

out what kind of restrictions are on the property and the zoning

classifications.



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THE FOLLOWING ZONING ORDINANCE WAS SUBMITTED BY CITY ATTORNEY FAY AND

APPROVED BY THE COUNCIL ON SECOND READING:



An Ordinance (05-62) - Rezoning property located at 3312 St. Mary?s Road

is proposed for rezoning from LMI (Light Manufacturing/Industrial) District to

GC (General Commercial District. (30-A-05-Hugley) Councilor Allen moved the

adoption of the ordinance. Seconded by Councilor Woodson and carried

unanimously by those nine members of Council present with Councilor McDaniel

being absent for this vote.



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THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY

AND WAS INTRODUCED ON FIRST READING:



An Ordinance - Repealing Ordinance No. 05-52 and substituting the

following ordinance amending Article VII of Chapter 13 of the Columbus Code

Solid Waste Collection and Disposal by changing the guidelines for an offset to

the residential rate for low-income households, so as to reflect the February

18, 2005 guidelines contained in the Federal Register.



In response to a question by Councilor Suber, City Manager Hugley advised

that the staff pulled the U.S. Census Bureau Poverty threshold for 2004, and it

should have been the Federal Registry and those numbers are just slightly

different; therefore, we were coming back to correct that.

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PUBLIC AGENDA:



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







Mr. Travis White appeared before the members of Council once again to

discuss the problems that he has experienced with having his taxicab driver?s

permit renewed. He said that the instructions from Council were to go to the

Taxicab Commission. He advised that he received a recommendation from the

Taxicab Commission to have his permit reinstated.



City Manager Hugley contended that according to the report from Lt. Ross

of the Police Department, Mr. White would have to wait one year to have his

license reinstated. Councilor Suber called attention to the excerpts of the

Taxicab Commission dated July 6, 2005 where the members asked Mr. White to go

back and get some additional information to verify some of the things that were

said at that meeting. Clarifying the matter further, Councilor Suber advised

that the Police Department is opposed to the recommendation of the Taxicab

Commission.



Lt. Julius Ross, Columbus Police Department, reported that he was not

present at the last Taxicab Commission meeting, but has been instructed

according to that meeting, with the recommendation from the Taxicab Commission

to return the permit to Mr. White with the condition that the matter be sent

back to the Police Department to investigate the information that had been

presented by Mr. White to ensure that it was truthful. He said based on that

request, he finds that there is a conviction on the record for Mr. White for

bad checks. He further explained that his investigation found that Mr. White

entered a plea of nolo and accepted responsibility for this charge, which

resulted in the conviction and the suspension. Mayor Poydasheff added that

under Georgia Law, a plea of nolo has the affect of a guilty plea. Lt. Ross

said that he has no reason to doubt that he was a victim of some people that

were working on his checking account, but it created a bad situation for him.



City Attorney Fay agreed with the statements of Lt. Ross and added that

the Council would have to change the ordinance to create some sort of exception

for bad check convictions. At this time, several members of Council asked Mr.

White questions in reference to the conviction, the court proceedings, the

police report by Mr. White of the stolen checks. In response to comments

regarding the police report, Lt. Ross advised that he had been advised that Mr.

White had filed a police report, but he has been unable to find a report at the

police department. He said that he had researched the files and has been

unable to find this report.



Councilor Suber questioned the need to have the Council listed as part of

the appeal process when there cannot be any exceptions, at which time, City

Attorney Fay advised that with the disqualifying conviction, the Council sets

the standard. He said that we could take a look at the appeal process.







Following the comments of Councilor Allen, City Attorney Fay advised that

there is no legal authority for this body to change the conviction or to

approve Mr. White?s request, because under the ordinance as written, it is a

disqualifying condition.



In conclusion of any further discussion, Councilor Allen made a motion to

deny the request to reinstate the taxicab driver?s permit. Seconded by

Councilor McDaniel and carried unanimously by those nine members of Council

present at the time with Councilor Hunter being absent for the vote.



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MR. WILLIAM MADISON, RE: NAACP STATE CONFERENCE MEETING, THE HORACE KING

MILL DESTRUCTION, CITY JAIL AND THE DISTRICT ATTORNEY?S

OFFICE:





Mr. William Madison, President of the local chapter of the NAACP,

approached the rostrum and immediately offered his condolences to the family of

General Westmoreland, who has recently passed away.



He pointed out that the president and staff of the NAACP is volunteers;

thereby receiving no pay. He then spoke on the destruction of the Horace King

property, which is historical property. He said that he has received questions

relating to status of the Ma Rainey House and the Spencer House, and if they

would be destroyed, as well. He stated that Mr. Robert Blythe is in charge of

the National Preservation Services and that his contact information be

identified on the CCG-TV channel; so, that the people will have a contact

person to complain to.



He also requested a citizens review board. He acknowledged that there is

an advisory board that came about as a result of the Kenneth Walker case, but

the advisory board has no authority. He provided the reasons that he believes

justifies the need for the citizens review board by calling attention to acts

of violence against inmates by the jailers and inmates being violated by other

inmates within the jail.



In conclusion, Mr. Madison announced the NAACP State Conference Meeting to

be held July 23, 2005, at 10:00 a.m. He invited the members of Council to this

event.



In reference to the Horace King property, Mayor Poydasheff advised that he

has discussed this entire issue with Mr. Reeves of Reeves Wrecking Company and

was appalled about the situation. He pointed out that the Historic people are

looking into this matter.



Regarding the mention of the Ma Rainey House, City Manager Hugley

responded to a question of Councilor Woodson by stating that there is a

committee overseeing the Ma Rainey house and we have been awaiting a letter

from the Federal Office that is going to be providing a check for $150,000.00,

but that letter has not come. He explained that it has been a tedious process,

but we have expressed the urgency to move this project forward. He identified

the funding from the Liberty District of approximately $151,000 with a total

funding of approximately $300,000.00 to renovate the Ma Rainey House. He

assured that as soon as we hear from the Federal Government, we would proceed

with the project.



Councilor Woodson also asked about the Spencer House, at which time, City

Manager Hugley advised that the Spencer House is not city property but belong

to the Spencer Owlets, which is an organization that was established many years

ago of those related to Mr. Spencer.

Councilor Suber requested that City Attorney Fay check into the ordinance

relating to the destruction of historical property to require a tougher penalty

if something happens in the future. Councilor Anthony asked if the destruction

of historical property that is listed on the Federal registry a Federal crime,

at which time, Mayor Poydasheff said that the City Attorney could look into

this matter. In reference to the higher fines, Mayor Pro Tem Rodgers pointed

out that if the fine is changed; then, everything becomes subject to it and not

just that particular violation. City Attorney Fay advised that the $1,000.00

is a Charter limitation, but he would check into it. Mayor Poydasheff also

suggested that City Attorney Fay research to see if businesses that destroy

historical property if their license could be suspended or revoked for a period

of time.



Councilor Allen recalled that we changed the Recorder?s Court fine from

$600.00 to $1,000.00; therefore, it is within our authority. City Attorney Fay

said that it is within the Council?s authority and he believes that we do that

by State legislation.



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MR. NEAL J. CALLAHAN, OF HATCHER, STUBBS, LAND, HOLLIS & ROTHSCHILD, LLP,

REPRESENTING THE MUSCOGEE COUNTY LIBRARY BOARD, RE: THE SCULPTURE

PROJECT:



Mr. Neal J. Callahan, pointed out that we have a document that has been

signed by the Library Board and that document might be a binding contract for

the city and the school board. He said until we have a vote from the city, we

couldn?t make that determination. He suggested that it is important at this

time that the Council votes either way, and this would assist him in advising

the Library Board on what steps to take.



Mayor Pro Tem Rodgers made a motion that the expenditure for the sculpture

be denied. Seconded by Councilor McDaniel.



Councilor Turner Pugh asked questions as it relates to why the Library

Board did not come to the Council before the contract was signed. Mr. Callahan

maintained that the Library Board was acting in good faith. He reminded

everyone that the board consists of volunteers who are dedicated to making

decisions that are right for the city. He said that under the resolution that

was passed by the city, the Library Board believed that they had the authority

to do this based upon prior dealings.



Mr. Callahan also responded to concerns regarding the vote to proceed with

this contract and the process used. Councilor Turner Pugh expressed concerns

in that the project did not go through the bidding process. Mayor Pro Tem

Rodgers pointed out that this is still the City?s project; until, it is

complete and the City is responsible for all of the spending for the project.



Mayor Poydasheff called attention to the motion to deny the $250,000.00

for the Paley sculpture. The motion to deny carried by a vote of eight to one

with Councilor Anthony voting no and all other eight present voting yes with

Councilor Hunter being absent for this vote. (See Below final action on this

matter, when Councilor Hunter returned to his seat and requested that his vote

be made in the affirmative to deny the expenditure with the vote being 9 to 1.)



Councilor Suber requested to be provided with a report of expenditures

regarding the library project. In response to comments made by Mr. Callahan,

City Manager Hugley advised that they have been reporting all expenditures to

him, as city manager, and he has approved change orders under his authority.

City Manager Hugley said that in the future if there are any change orders, he

would bring them forward.



Councilor Allen called attention to the fact that City Manager Hugley is

on the Library Board as the liaison for the city, which was done prior to his

appointment as city manager. He contended that the city manager should appoint

another employee to replace him on that board to remove him from this

situation. City Manager Hugley explained that he could resign and submit a

recommendation, because the appointment goes through the school board.



At this time, Councilor Hunter asked that his vote be listed in the

affirmative to deny the expenditure for the sculpture. Mayor Poydasheff

advised that the vote is recorded as 9 to 1 with Councilor Anthony voting no

and all other nine members voting yes.

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CITY MANAGER?S AGENDA:



THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY MANAGER

HUGLEY AND ADOPTED BY THE COUNCIL:



A Resolution (348-05) - Authorizing a request to abandon a 10 ft. x 400

ft. portion of an alley located at the rear of 3103, 3111, 3117, and 3021 - 3rd

Avenue in North Highland and execute a Quit Claim Deed to Mr. Murray Jones for

said property. Councilor Henderson moved its adoption. Seconded by Councilor

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

this meeting.



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THE FOLLOWING PURCHASING RESOLUTION, WITH

DETAILED INFORMATION INCLUDED WITH THE CITY MANAGER?S AGENDA PACKET, WAS ALSO

SUBMITTED AND EXPLAINED BY CITY MANAGER HUGLEY AND ADOPTED BY THE

COUNCIL:



A Resolution (349-05) - Authorizing the execution of Change Order Four,

with the Overby Company, in the amount of $1,111.11 for additional furnishings

for the new library. Councilor Henderson moved its adoption. Seconded by

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

present for this meeting.



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THE FOLLOWING PURCHASING RESOLUTION, WITH

DETAILED INFORMATION INCLUDED WITH THE CITY MANAGER?S AGENDA PACKET, WAS ALSO

SUBMITTED AND EXPLAINED BY CITY MANAGER HUGLEY AND DELAYED BY THE

COUNCIL:



A Resolution - Authorizing the execution of a construction contract with

Martin-Robbins Fence Company, Inc. (Snellville, Ga), in the amount of $146,242.





City Manager Hugley requested a delay of thirty days or more to consider

other alternatives. Councilor McDaniel moved for the delay. Seconded by

Councilor Suber.



Councilor Allen called attention to the commitment that was made to the

School Board to have these guardrails up before school starts and with the

delay, it would not be until October before that happens. City Manager Hugley

pointed out that without the delay, it would still be a close call to get the

guardrails up before school starts. He mentioned some options that may be

available, which is to convert it from four lanes to three lanes with two

travel lanes and one center turn lane and make the right-of-way area closer to

the creek. He said another option is to see if there is some other funding

available to support us, as well as, checking to see about some guardrails that

would have some color to them.



Councilor Allen asked questions relating to cameras and the option of two

travel lanes and the expenditure involved, at which time, City Manager Hugley

responded to those questions. Councilor Allen requested that during the drive

times of school hours, check into providing some police patrol. Councilor

Davis then reminded City Manager Hugley of his earlier request during the

Pre-Council Meeting for a report on the five-year history of accidents on

Cherokee Avenue.



Mayor Poydasheff then called attention to the motion for delay, which

carried by a vote of seven to two with Councilors Allen and Henderson voting no

and all others present voting yes with Councilor Woodson being absent for this

vote.



*** *** ***



THE FOLLOWING PURCHASING RESOLUTION, WITH

DETAILED INFORMATION INCLUDED WITH THE CITY MANAGER?S AGENDA PACKET, WAS ALSO

SUBMITTED AND EXPLAINED BY CITY MANAGER HUGLEY AND ADOPTED BY THE

COUNCIL:



A Resolution (350-05) - Authorizing the purchase of sixty (60) tasers,

sixty (60) taser holsters, taser cartridges and three days of training from DGG

Taser, Inc., (Jacksonville, Fl) in the amount of $62,284.33. Councilor Allen

moved its adoption. Seconded by Mayor Pro Tem Rodgers.



Councilor Suber made reference to the controversy surrounding these taser

guns and questioned the investment of purchasing more taser guns. Mayor

Poydasheff said that he has checked with Washington, D. C. and this is an

acceptable, less than lethal weapon. He then acknowledged his agreement with

the recommendation.



Mayor Poydasheff then called for the vote, which carried unanimously by

those ten members of Council present for this meeting.



*** *** ***



EXECUTIVE SESSION:



City Attorney Fay advised that City Manager Hugley would request a brief

executive session on the acquisition of real estate.

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

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



CLERK OF COUNCIL?S AGENDA:



THE FOLLOWING ITEM WAS SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR & COUNCIL:



(1) Biographical Sketch of Mr. John Philip Thayer, Councilor McDaniel?s nominee

to replace Mr. Leon Siegel on the Board of Water Commissioners.



Councilor Suber moved confirmation of Mr. J. Philip Thayer. Seconded by

Councilor McDaniel and carried unanimously by those ten members present for

this meeting.



*** *** ***



THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CLERK OF COUNCIL

WASHINGTON AND ADOPTED BY THE COUNCIL:



A Resolution (351-05) - Excusing Councilor Evelyn Woodson from the July 5,

2005 Council Meeting. Councilor Allen moved its adoption. Seconded by

Councilor Henderson and carried unanimously by those ten members present for

this meeting.



*** *** ***



THE FOLLOWING ITEM WAS ALSO SUBMITTED BY CLERK OF COUNCIL WASHINGTON AND

RECEIVED BY THE COUNCIL:



Letter from Mr. Charles ?Craig? Davis resigning from his seat on the Board

of Historic and Architectural Review. Mayor Pro Tem Rodgers moved the letter

be received with regrets. Seconded by Councilor Allen and carried unanimously

by those ten members present for this meeting.



*** *** ***



THE FOLLOWING ITEM WAS SUBMITTED BY CLERK OF COUNCIL WASHINGTON AND WAS

APPROVED EARLIER DURING THE ZONING PUBLIC

HEARING:





Letter from Mr. David C. Johnson submitting a withdrawal request on a

rezoning petition for property located at 2421 Victory Drive.

(31-CA-05-Iglesia de Dios Pentecostal, M.I.)

*** *** ***



MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK

OF COUNCIL WASHINGTON AND OFFICIALLY RECEIVED BY THE

COUNCIL:





Development Authority, January 6, 2005.

Development Authority, February 3, 2005.

Development Authority, March 3, 2005.

Development Authority, April 14, 2005.

Development Authority, May 5, 2005.

Tax Assessors, No. 27-05.

Uptown Fa?ade Board, June 20, 2005.



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

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

present for this meeting.



*** *** ***



THE FOLLOWING TWO ZONING PETITIONS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND AN ORDINANCE AND PUBLIC HEARING WAS CALLED FOR EACH BY COUNCILOR

MCDANIEL:



Petition submitted by Everton Willis to rezone approximately 0.53 acre of

property located at 4372 Macon Road from RO (Residential-Office) to SFR2

(Single Family Residential 2). (Recommended for approval by the Planning

Advisory Commission and denial by the Planning Division.) (35-D-05-Willis)



Petition submitted by Steven Cadranel to rezone approximately 11.5 acres

each of property located at Tract I, north of Weems Road and south of

Whittlesey Boulevard and Tract F, running adjacent and parallel to the west

property line of Greystone at Columbus Park apartments from Tract I ? RO

(Residential Office) to GC (General Commercial) and from Tract F ? GC (General

Commercial to RO (Residential Office). (Recommended for approval by the

Planning Advisory Commission and conditional approval by the Planning

Division.) (36-CA-05-Cadranel)



*** *** ***



BOARD APPOINTMENTS:



ANIMAL CONTROL ADVISORY BOARD:



Clerk of Council Washington pointed out that Ms. Kimberly Gerlack is no

longer a resident of Muscogee County and the Council would need to nominate

someone to fill this unexpired term of office.



*** *** ***



CIVIC CENTER ADVISORY BOARD:



Clerk of Council Washington pointed out that she did speak with Mr. Karl

Douglass and he is working to find a nominee to replace Mr. Geraldo Ricci on

this board.



*** *** ***



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



Clerk of Council Washington pointed out that Mr. James Sakakibara is no

longer a resident of Muscogee County and Councilor Suber is working on finding

a replacement.



*** *** ***



EMPLOYEES? PENSION PLAN, BOARD OF TRUSTEES:



Clerk of Council Washington pointed out that Mr. Harvey Milner and Mr.

Alan Rothschild have been nominated to serve another term of office. Councilor

Allen then moved confirmation. Seconded by Mayor Pro Tem Rodgers and carried

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



She advised that we still need a replacement for Lt. John Starkey the

Public Safety Employees? Representative.



*** *** ***



KEEP COLUMBUS BEAUTIFUL COMMISSION:



Clerk of Council Washington said that we need a replacement for Ms. Jan

Pease on this board, but Mayor Pro Tem Rodgers is working on finding a nominee

for his district seat.





*** *** ***



YOUTH ADVISORY COUNCIL:



Clerk of Council Washington said that we need nominations for the

2005-2006 school year. Councilor Turner Pugh nominated Natasha Fitzpatrick for

the District Four Representative. Councilor Woodson nominated Justin Matheny

for the District Seven Representative. Councilor Suber moved confirmation.

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

Council present for this meeting.



*** *** ***



VALLEY PARTNERSHIP:



Clerk of Council Washington advised that last week the Council confirmed

two nominees for the Valley Partnership. She stated that Ms. Leah Braxton has

since advised that she would be unable to accept the appointment; therefore,

they are requesting that Mr. Carmen Cavezza fill that seat. Councilor Suber

moved confirmation. Seconded by Councilor Turner Pugh and carried unanimously

by those ten members of Council present for this meeting.



*** *** ***



At this time, Mayor Poydasheff asked if there was anyone in the Council

Chambers that had a matter to bring before the City Council. No one came

forward.



*** *** ***



EXECUTIVE SESSION:



Mayor Poydasheff then called attention to the earlier request for an

executive session to discuss the acquisition of real estate. Councilor

Henderson moved that the Council go into executive session. Seconded by

Councilor Turner Pugh and carried unanimously by those ten members present for

this meeting.



*** *** ***



At 11:40 a.m., the Council adjourned its regular session to allow the

Council to go into an executive session.



At 12:20 p.m., the meeting was called back to order at which time Mayor

Pro Tem Rodgers pointed out that the Council met in executive session to

discuss a personnel issue, 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 Suber and

carried unanimously by those eight members of Council present for this meeting

with Mayor Poydasheff and Councilors Davis and McDaniel having already left the

meeting, with the time being 12:21 P.M.







Sandra T. Davis, CDMC

Deputy Clerk of Council

The Council of Columbus, Georgia