Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

AUGUST 17, 2004



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

order at 9:00 A.M., Tuesday, August 17, 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 and Mayor Pro Tem John J. Rodgers

were Councilors R. Gary Allen, Glenn Davis, Berry 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.



ABSENT: Councilor Wayne Anthony was absent, but was excused upon the adoption

of Resolution Number 349-04.



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INVOCATION: Offered by Reverend Bill Douglas, Pastor, Saint Andrews

Presbyterian Church.

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PLEDGE OF ALLEGIANCE: Led by students from Hannan Academy After School

Program.

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PRAYER BREAKFAST:



Mayor Poydasheff pointed out that we had the Prayer Breakfast on this

morning, which was well attended. He said our next Prayer Breakfast is

scheduled for December 21st and there will be plenty of notice on that. He

said we certainly would love for everyone to attend.

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MINUTES: Minutes of the August 3 & 10, 2004 meetings of the Council of the

Consolidated Government of Columbus, Georgia were submitted and approved

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

seconded by Councilor Allen.

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PRESENTATION OF A CERTIFICATE:



Mayor Poydasheff pointed out that Sandra Davis has received a

certification from the Georgia Municipal Clerks and Finance Officers

Association as a Certified Deputy Municipal Clerk and then presented the

certificate to her and congratulated her on this accomplishment.

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CITY ATTORNEY?S AGENDA:



WITH MS. TOMIKO WOMACK AND HER MOTHER 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 (325-04) - Commending and expressing appreciation to Ms.

Tomiko Womack for her assistance in apprehending an armed robbery suspect at

the Macon Road branch of the Columbus Bank and Trust Company on May 15, 2004.

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

Councilor Hunter and carried unanimously by those nine members of Council

standing to cast their affirmative vote.

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ZONING PUBLIC HEARING:



THE FOLLOWING ORDINANCE WHICH WAS DELAYED FROM THE AUGUST 3RD COUNCIL

MEETING WAS AGAIN SUBMITTED AND DELAYED BY THE COUNCIL FOR TWO ADDITIONAL WEEKS

AT THE REQUEST OF COUNCILOR DAVIS:



An Ordinance - Rezoning property located at 6910 River Road from an A-0

District w/conditions to an A-0 District w/ amended conditions.

(36-CA-04-River Island Group)



Councilor Davis said the representing parties of this rezoning request

have agreed and requested a two-week delay. He then made a motion for the

delay. Seconded by Mayor Pro Tem Rodgers and carried unanimously by those nine

members of Council present for this meeting.



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LAST WEEK?S COUNCIL MEETING:



Councilor Allen said there was a contentious rezoning issue on last week

and said he may have said some things that may have offended the Mayor and

Council. He said over the twelve years that he has been on this Council he

doesn?t think that has ever happened and said if he did say something that

offended the Mayor or Council, he would like to offer a sincere apology.



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THE FOLLOWING TWO ORDINANCES WERE SUBMITTED AND THEIR CAPTIONS READ BY

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







An Ordinance - Amending the text of the zoning ordinance to change the

Off-Street Parking requirements for shopping centers and developments.

(39-A-04-Planning

Division)











PROPONENTS & OPPONENTS:



Mr. Will Johnson, Zoning Administrator was present, but he did not make a

presentation, as there was no one present to oppose this proposed ordinance.

However, City Manager Cavezza did make some brief comments as to why this

proposal is being made.



He said when we made this change before we inadvertently excluded things

like food stores and small shopping centers, which should have been included in

the original ordinance and this is why they have come back with this

adjustment.



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An Ordinance - Rezoning properties along the south side of Cusseta Road,

between Alpine Drive and CSU property to the south from a C-2 District to R-2

and R-4 Districts. (40-A-04-Planning Division)



PROPONENTS & OPPONENTS:



Mr. Will Johnson, Zoning Administrator was present, but he did not make a

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

ordinance. City Manager Cavezza said this is basically a residential area that

somehow got commercial zoning and said as part of cleaning up the process with

the Comprehensive Plan, we want to make that adjustment. He said they had a

public meeting and there were only three people in attendance, but they are in

support of this request. He said they have notified all the residents in that

area.

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CITY ATTORNEY?S AGENDA CONTINUED:



THE FOLLOWING SIX ORDINANCES WERE SUBMITTED AND THEIR CAPTIONS READ BY

CITY ATTORNEY FAY AND ADOPTED BY THE COUNCIL ON SECOND READING:















An Ordinance (04-70) - Rezoning property located at 1048 & 1060 Double

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

District. (35-A-04-Ivy Park, LLC)



Councilor Davis said there are new conditions that have been placed in the

ordinance; however, he is not sure that the residents have seen the language

and then asked City Attorney Fay to read those conditions into the record.



City Attorney Fay then stated the four new conditions, which are outlined

below:



1. A 50-foot natural undisturbed buffer shall be preserved along the

western and southern property lines of the property subject to rezoning.



2. There shall be no more than 35 lots developed on the property subject

to rezoning.



3. The building setback from Double Churches Road for proposed Lot No.

1 west of the proposed entrance shall be at least as great as the setback for

the side yard of Lot No. 25, Block D, Section Two, Kirkwood Subdivision.



4. If any large canopy trees are removed from side or rear yards within ten

feet of the right-of-way of Double Churches Road, developer shall replant large

canopy trees at developer's expense.



Mayor Pro Tem Rodgers then made a motion to adopt the ordinance. Seconded

by Councilor Henderson and carried unanimously by those nine members of Council

present for this meeting.



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An Ordinance (04-71) - 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) Councilor McDaniel moved the adoption of the

ordinance. Seconded by Councilor Suber and carried unanimously by those nine

members of Council present for this meeting.



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An Ordinance (04-72) - 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.) Councilor Allen moved the adoption of the

ordinance. Seconded by Councilor Woodson and carried unanimously by those nine

members of Council present for this meeting.



An Ordinance (04-73) -Rezoning property located at 5604 Dearborn Avenue

from an R-1A District to an R-2 District. (32-A-04-Wade) Mayor Pro Tem

Rodgers moved the adoption of the ordinance. Seconded by Councilor Woodson and

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



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THE FOLLOWING ORDINANCE WAS ALSO SUBMITTED AND EXPLAINED BY CITY ATTONEY

FAY AND AFTER MUCH DISCUSSION WAS DELAYED BY THE COUNCIL FOR THREE

MONTHS:





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) Councilor Allen made a motion to defeat the ordinance.

Seconded by Councilor McDaniel.



Councilor Suber said Mr. Erickson has brought some adjustments to his

previous request to the rezoning prior to this meeting and said no one would

get an opportunity to see that if this particular rezoning is defeated. He said

he voted against the delay on last week because as he stated before, he didn?t

think and still don?t believe that Mr. Erickson has had an opportunity to go

back to the community to discuss the changes that he has made; however, he

would make a substitute motion that we delay this matter for three months. He

also thinks it needs to go back through PAC so that they would have an

opportunity to look at it.



He said even though there has been a tremendous amount of contentious

discussion on this particular issue, he thinks this is something that Mr.

Erickson is showing where he is attempting to justify or make some type of

adjustment to his previous rezoning.



Councilor Suber said he would make that motion that we send it back to

PAC. Seconded by Councilor Turner Pugh.



Councilor Henderson said he was prepared not to support the delay based on

the same philosophy and thought process as last week, that is, it concerns him

that we get to the table and then we have some alterations. However, after

listening to Mr. Erickson and some of the changes that he has made, as well as

accompanying Councilor Allen to a meeting of the residents in the Midland area

and getting some input from them; while he doesn?t think the proposal that Mr.

Erickson has brought forward is something that he is prepared to vote to

approve, it is much closer than it has been in the past. He said the one

concern that he has with Councilor Suber?s motion is the three months.



He said he thinks that over the next two weeks, we ought to be able to

tell if there really is going to be a meeting of the minds and if it is worth

returning back to PAC. He said he does think that it should go back to PAC so

that the citizens can have another opportunity to review it at that

time. He said he thinks that the Mayor Pro Tem suggested 30-days and he thinks

that is okay, but he would hate to draw it out any longer than we have to

because the residents and the developer both have been doing this for four

years and to prolong it for three months might be a little too much.



Mayor Poydasheff then asked Councilor Henderson if he is offering a

substitute motion to Councilor Suber?s substitute motion.



Councilor Henderson said he would ask Councilor Suber if he would consider

amending his motion to thirty days.



Councilor Suber said he doesn?t have a problem in amending his motion, but

the question is whether or not it can go back to PAC and get back to the

Council within thirty days. Mr. Will Johnson, Zoning Administrator said it

couldn?t.



Councilor Henderson said we could leave it on second reading so that if

they don?t get any closer to a compromise and if we don?t see any merits in

sending it back to the PAC, then we can vote it up or down within the next two

to four weeks.



Several minutes of discussion continued on this matter with Councilor

Henderson pointing out that because of the advertising requirements for legal

notification, to go back to the PAC, it takes at least 60 days. He then asked

City Attorney Fay what are the options? He asked if we could leave it on second

reading for the next few weeks to make a decision as to whether or not we send

it back to the PAC.



City Attorney Fay said we need a time certain as far as on the Council

table, two weeks, or thirty days. He said you could do that if you want to and

then get a recommendation from the PAC. Councilor Henderson said he thinks it

would be more practical to delay it for second reading.



Mayor Poydasheff clarified the motion that is on the table, which is to

delay this matter for three months. He said he understands where Councilor

Henderson is coming from and once again asked him if he is going to amend this

motion to limit it to 30 days. Councilor Henderson said no, not based on what

he has been told.



Mayor Poydasheff said this is on second reading and normally most always

we vote them up or down. He said we now have a valid motion on the table to

delay and then asked, if it will come back on first reading, because part of

the motion is to send it back to the PAC; which would mean a substantial

amendment to this particular rezoning, what are the legal consequences of that

and should it go back on first reading?



City Attorney Fay said if there is going to be amendments made, it would

go back on first reading at some point. Mayor Poydasheff then asked if it

should be part of Councilor Suber?s amendment that it goes back to the PAC,

which is what he wanted and give them three months and that it be put back on

first reading.



City Attorney Fay said that is appropriate, he said there is no problem

with that. He said it would have to be re-advertised if it comes back on first

reading.



Mayor Poydasheff then reiterated his concerns and those comments made

above to Councilor Suber saying that he thinks he should include in his motion

that this goes back to first reading; however, Councilor Suber said that was

the discussion that we were having on last week, knowing the compromises that

would have to be made, he thinks that it would have to go back in the

beginning. He said he doesn?t have any problems, as long as we can get it back

to the PAC and allow the residents and Mr. Erickson to sit down seriously and

have some serious discussion so that everyone can be heard and compromises are

worked out.



Councilor Suber said he believes that Mr. Erickson is attempting to

address some serious issues with the community and he thinks it would be

encumbered upon us to give him an opportunity to do that. He said however we

need to do this, let?s do it. He said he knows that it is going to take

60-days to get back to the PAC and he thinks the PAC should have an opportunity

to review it.



City Attorney Fay said that is an appropriate method to send it back to

them, because they are a recommending body. Mayor Poydasheff then asked if we

are going to send it back as a second reading? He said it has to go back as a

first reading. City Attorney Fay said you are sending it back for a new

recommendation.



Mayor Poydasheff then asked Councilor Suber for clarification on his

motion, to which Councilor Suber said that his motion was for a three-month

delay.



Councilor Henderson said we will know after the negotiations, if they meet

and they are able to move a littler closer if its something that this Council

feels they can work with. He said if the Council doesn?t feel it is a

compromise we are going to work with, there is no real need to send it back to

the PAC. He said he thinks that we can leave it on second reading and delay

the second reading and if there is a movement towards some kind of meeting of

the minds, or even something that the Council thinks they can support, then we

can send it back to the PAC. He said if there is no movement toward that type

of agreement, then the Council can vote it down or up in two or three weeks;

whatever the pleasure of Council is.



He said instead of going ahead and automatically now remanding it back to

the PAC in three months, 60 or 90-days, he thinks if we delayed second reading

for a couple of weeks; then we can make a decision whether or not its

worthwhile to vote it up or down.



Councilor Henderson then offered a substitute motion to delay the second

reading for three weeks. Seconded by Mayor Pro Tem Rodgers.



Councilor Hunter said he favors Councilor Suber?s proposal and that we

send this matter back to the PAC. He said he thinks it is important that we

have comments from the citizens who live in the area that are affected. He said

by sending it back to the PAC, they would have an opportunity to comment before

the PAC as well as have the further opportunity to comment at a first reading

when it comes back before the Council. He said if we leave it on second

reading, there is not an automatic right to make comments on second reading

unless we waive that and provide that.



He said he thinks that Mr. Erickson has made significant revisions in his

plan and he thinks everything would be better served if we sent it back to the

PAC.



Councilor Allen said the residents who were present at the meeting on last

week left the meeting thinking that we were going to be voting on this matter

today and his inclination was to vote to deny this request. He said we have not

had an opportunity to sit down and properly digest the plan as it was

presented. He said those who were able to sit down and talk about it, like this

step that Mr. Erickson has taken.



He said we could probably resolve it today, if we could get some consensus

from the developer to put, not one acres everywhere, but as they have always

asked for; those homes that are there, to be protected. He said he would ask

the Council to consider around the Odom?s property, if we could put one acre

around her lot, around her home site.



Councilor Allen said he thinks the plan that is offered in addition to

that one-acre home site around her Ms. Odom?s property is something we could

vote to amend this and pass the ordinance on today.



Mayor Poydasheff said when you vote to amend this plan, that is a

substantial amendment and therefore, as a matter of fairness, he thinks it

should go on first reading, because people have to have the right to comment.



Councilor Turner Pugh said she would like to ask Mr. Erickson if he could

do the one-acre lots that they are requesting around the Odom property.



Councilor Turner Pugh then made a motion that Mr. Erickson be allowed to

be heard. Seconded by Councilor Suber and carried unanimously by those nine

members of Council present for this meeting.



Mr. Dave Erickson, in response to Councilor Turner Pugh said if you made

the impact at that particular location, he thinks they can do it. However, Mr.

Allen amended his comments to also say everybody else. He said if it was just

that one specific property, we could do it.



Councilor Allen said the plan that Mr. Erickson put together on Wednesday

and distributed on Thursday included some buffering and some A-2 lots. He said

there are some lots across from the Old Pope Road residents where one is one

acre and there are some others that are ? of an acre or a little better. He

said they would like one acre around all the lots, but the concern is the

Odom?s property. He said to clarify his earlier comments, that is the property

that he was referring to. He said the plan as it is, combined with the one acre

lots around her property, he thinks the citizens would be able to agree to R-1,

R-1A combinations other than that.



City Attorney Fay also responded to questions of Councilor Turner Pugh as

it relates to the setting of certain restrictions of designating lot sizes.

He said we have to be specific as to how we draw these conditions.



Councilor Allen, in response to the question of Councilor Woodson as to

what adjustments that were agreed upon at the meeting held on Sunday, once

again said what they talked about was the homes that are there that has 5 - 7

acre tracts of land, we talked about one acres across the street from them. He

said Mr. Erickson has conceded to that. He said there are approximately five

lots that are ? quarter of an acre up to an acre and said if we could get those

up to an acre, he don?t think we would have a problem, in addition to putting

one acre lots along Liberty Hall. He said then the one-acre lots around

?Sherry?. He said outside of that, they didn?t have a problem with any other R

class that Mr. Erickson would be willing to do, the R-1A & R-1. He said not

everyone was able to be in attendance at that meeting because of the short

notice and not receiving the map until late Thursday. He said everyone left

the meeting on last week thinking that this was going to be voted down on

today.



Councilor Henderson said he thinks what Councilor Allen has suggested as a

starting point for trying to find some middle ground with the one acre around

the Odom?s property, he thinks that makes sense. He said he also thinks that

perhaps the one-acre along Liberty Hall also makes sense, because it is a more

dense area, with smaller lots that are contiguous with the development. He said

some of the others we can talk about, but he thinks those are larger lots and

there is some existing buffer, both on those lots and on the 50 foot side.



He said for clarification on his motion for the two weeks delay, which is

something that he doesn?t like to do; however, he thinks we are getting closer

and will know in two weeks whether or not it is something the Council will be

able to support and if it?s not, we can vote it down instead of continuing to

drag this thing out. He said if it is something we can support, then we can

send it back to the PAC.



Councilor Allen said one other thing that they did talk about was due to

the number of lots that the developer is proposing. He said we might give

consideration to an outlet on Midland Road just to avoid having congestion all

dumping onto Old Pope and then a short distance to Midland Road there might be

consideration given to having two outlets. He said they also talked about some

limitations maybe around 90 homes rather than having up to 140 or 150 homes.



Mayor Poydasheff then called the question on Councilor Henderson?s

substitute motion for a two-week delay, which resulted in an inconclusive vote

of 5 - 4. Voting for the motion was Councilors Allen, Davis, Henderson,

McDaniel and Mayor Pro Tem Rodgers. Voting against the motion was Councilors

Hunter, Turner Pugh, Suber and Woodson.



Due to the inconclusive vote on this motion, Mayor Poydasheff then called

the question on Councilor Suber?s earlier motion to the delay this matter for

three months and to return it back to the PAC for a first reading, which was

seconded by Councilor Turner Pugh.



Mayor Pro Tem Rodgers asked if we were talking about requesting a

different zoning classification, because that is not his understanding. He said

the lot limitations could be defined by acreage rather than a zoning

classification. He said the only point he is trying to get to is why is it

going to take 90 days. He said this is not new material that they are going to

have to go through.



Mr. Will Johnson, Zoning Administrator said if the Council remands it back

to the PAC, it would have to go back through the process before it comes to

Council. He said if it went to the PAC on September 1st, he said they could get

Clerk of Council Washington the staff report that same day and she would ask

the Council to call for it on Tuesday, Sept 7th and the ad would run on the

10th and from that date, it would have to be fifteen days before it could be

heard by the Council again, which would put it at the first Tuesday in October

to be heard at the Council. He said Councilor Suber?s point is that 90 days

would give them a little more time to work out something, but said they could

do it in 60 days.



Councilor Allen said he has some extensive business travel in the month of

September and through the first week of October.



The question was then called on Councilor Suber?s motion, which carried by

a vote of 7 - 2, with Councilors Henderson and McDaniel voting no and all other

seven members of Council present voting yes.



Mayor Poydasheff then advised that this matter would then go back to the

PAC and come back to the Council in 90 days on first reading and the residents

will have an opportunity to comment on the proposed amendments.



City Attorney Fay said the PAC will hear this matter again and said they

may make recommendations that we talked about on today or additional

recommendations. He said when it comes back to the Council it will be back on

first reading with proper advertisement.



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THE FOLLOWING TWO ORDINANCES WERE ALSO SUBMITTED AND ADOPTED BY THE

COUNCIL ON SECOND

READING:





An Ordinance (04-74) - Regulating 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. Councilor Suber moved the adoption of the ordinance. Seconded

by Councilor Turner Pugh and carried unanimously by those nine members of

Council present for this

meeting.





An Ordinance (04-75) - 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. Councilor Hunter moved the

adoption of the ordinance. Seconded by Councilor Henderson and carried

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



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THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY

AND ADOPTED BY THE COUNCIL:



A Resolution (343-04) - Authorizing, approving and ratifying the

execution of a Federal Aviation Administration Grant Agreement. Councilor Suber

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

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

Councilor Allen being absent for this vote.

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PUBLIC AGENDA:



MS. CAROL KIRVEN, REPRESENTING THE ALS ASSOCIATION OF GEORGIA, INC., RE:

THE 2004 WALK TO DEFEAT

ALS:





Ms. Carol Kirven, of the ALS Association of Georgia, Inc., said for those

of you who are not familiar with ALS, it is better known as the Lou Gehrig

Disease. She said they want Columbus to be aware that the Association in

Georgia wants to extend their services to Columbus to serve their patients and

families with their needs with this dreadful and fatal disease.



She said on October 30th, they will be having their first walk to defeat

ALS and she is here this morning to extend an invitation to the Council members

and their families and the entire City of Columbus. She said the registration

would begin at 8:00 a.m., on October 30th at Rotary Park; which is a 5k walk.

She said they are trying to form teams; as well as said individuals can walk.



Ms. Kirven said if you know someone who has had this disease, you could

walk in his or her honor or memory. She said she has a personal friend who has

had this disease for 16 years, which is incredible because most patients die

within 2 ? 5 years. She said her friend is still trying to make a difference in

this world. She then encouraged everyone to attend this event.



She said there is also a website if anyone wants any additional

information about ALS, the walk or the organization. She said the website

address is www.ALSAGA.org.



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

SOUTH:





Mr. Edward Moore, Jr., President of Benning Hills/Esquiline Heights

Neighborhood Watch Association said he comes here on their behalf, as well as a

lifelong resident of South Columbus. He said he come before you today with some

of the same concerns that he had just a few months ago when he promised to

return. He said he is here today because he wants to know and would like for

the citizens of South Columbus to know why these eyesores that you will see

from the pictures he has today are still among them. He said his next step is

to make known publicly the owners of such property.



He said he would like to ask the Task Force to come up with a plan that

would move people into South Columbus, as there are many good neighborhoods in

South Columbus. He said a lot of these houses have become vacant over the years

because of the death of individuals and others moving out and said what he

would like for the plan to contain is some useful information that would make

citizens want to move to South Columbus, but said this would require people who

are willing and able to work hard and truly restore what once was and still can

be the most beautiful part of town, but we must first start with the trash at

the front door.



Mr. Moore said the trash that he is talking about is dilapidated buildings

as well as buildings with unsightly junk around them that are located on such

main thoroughfare as Victory Drive, Andrews Road, Brown Avenue, Cusseta Road,

Old Cusseta Road, Fort Benning Road, Benning Drive and North & South Lumpkin

Road.



Mr. Moore spent some ten minutes or more in expressing his concerns and

displeasure of those properties that have not been dealt with since his last

appearance before this Council. He said the citizens of South Columbus would

like to know why these buildings are still standing.



After the conclusion of his presentation, Mr. Moore then responded to

several questions of Mayor Peters and members of the Council.



Mr. Moore then asked if there is someone today who can tell him what is

being done about some of these pieces of property.



Mayor Poydasheff told Mr. Moore he would have been better served if he had

spoken with the City Manager to go over these details.



City Manager Cavezza said the last time Mr. Moore was before this Council,

he, Mr. Duck and Ms. Wiggins met with him and we explained the process to him

and addressed some specific concerns that he had at that time. He said he left

there feeling that the process should be expedited; however, if the Council

will remember, we have gone through this expediting process before and came to

the conclusion as far as the due process issue; where if we went any shorter,

we would run into some due process concerns. He said when Mr. Moore left the

meeting, he was supposed to call us and identify any houses or problems and we

would get right on them and give him some feedback.



He said the next time we heard from Mr. Moore was when he saw his name on

the public agenda on last week. He said he had Ms. Wiggins to call

him and asked him what his issues were and during that conversation, he told

her the Main Gate Plaza was full of potholes, which is a private business.



City Manager Cavezza said he talked about an apartment complex that we

talked about on last week, the one that is in litigation that we have been

having a lot of difficulties with; which came up on last week that we explained

to the Council. He said he also talked about some property behind Kendrick?s

Pecan, which is already under the demolition process.



He said Mr. Moore also talked about several businesses on Fort Benning

Road, but he didn?t have any addresses for those businesses and he said he

would come and talk to the Council about them and this is where we stand. He

said we have looked at those buildings along Fort Benning Road and understand

they are not pretty buildings and there are problems with that; however, when

it comes to the Code violations, where we start the demolition process, it is

more than just not being a pretty building. He said the offer goes out again to

Mr. Moore, if he would give us an address we will look at it and will

personally call him and explain to him what?s going to happen to with that

building.



Mr. Moore said his point still stands that some of these buildings have

been there for years and nothing has been done about them over the years up to

the present time.



Discussions continued on this subject, with Mayor Poydasheff and members

of the Council expressing their concerns to Mr. Moore about this situation,

after which he then responded to questions of the Council.



Councilor Woodson asked City Manager Cavezza if it was possible for us to

have an update at the Council?s next Work Session, since Columbus South Task

Force has completed their work and what actions are going to be taken. She said

we could see if any action can be taken immediately.



She said she would like to encourage Mr. Moore to meet with a small group

after they have their meeting to find out where the Task Force is heading in

that area.



Councilor Suber said Mr. Moore has asked, why is there so many buildings

still standing and said the reason is because a number of citizens haven?t

complained. He said he thinks it gets to the point that sometimes we accept

things and we assume someone else is doing something about it, and the reality

is everybody is accepting it.



He said he thinks it is important that we make sure that the Councilors

are aware of what Mr. Moore is talking about so that we can follow up on these

particular things.



Mayor Poydasheff informed Mr. Moore that we are going to have a Work

Session with the Columbus South Revitalization Task Force and said he is more

than welcome to attend and get some of the reports that are going on right

now.

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

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

CITY MANAGER?S AGENDA:



THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY MANAGER

CAVEZZA AND ADOPTED BY THE COUNCIL:



A Resolution (344-04) - Accepting a deed for the extension of Commercial

Court located in Parts of Tract Three, Section One, Veterans Parkway West.

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

Suber and carried unanimously by those eight members of Council present at the

time, with Councilor Turner Pugh being absent for this vote.



THE FOLLOWING FOUR PURCHASING RESOLUTIONS 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 COUNCILOR WOODSON,

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

TIME, WITH COUNCILOR

TURNER PUGH BEING ABSENT FOR THIS

VOTE:



A Resolution (345-04) - Authorizing the purchase of steel shelving from

DEMCO Library Services (Madison, WI) in the amount of $353,672.01, auditorium

seating from American Seating Company (Grand Rapids, MI) in the amount of

$52,474.88, various furniture from The Overby Company (Columbus, GA) in the

amount of $596,585.60, and various furniture from Knoll in care of The Overby

Company (Columbus, GA) in the amount of $19,321.68. The furnishings will be

purchased via Georgia State Contract SWC S-030748, and will be installed in the

new library.



A Resolution (346-04) - Authorizing the purchase of three (3) MW800 mobile data computers with

automatic vehicle location, in the amount of $26,937.36, from Motorola

Corporation. The equipment, costing $8,979.12 each, will be installed in new

pursuit vehicles for the Marshal?s Office. This purchase is part of a

continuing SPLOST project aimed at equipping all appropriate public safety

vehicles with advanced technology, in order to maximize the efficiency of

public safety responses to calls for service from the public.



A Resolution (347-04) - Authorizing payment to the Georgia Municipal

Association (GMA) in the amount of $31,022.37 for 2004 - 2005 membership dues

for the City of Columbus, Georgia.



A Resolution (348-04) - Authorizing payment for the emergency purchase

of a 7-passenger van from Bill Heard Chevrolet (Columbus, GA) in the amount of

$17,441.00, which is a replacement for a sedan that was taken into the Fleet

Maintenance shop for routine repairs. It was determined that the sedan would

need to be taken out of service and salvaged. Most of the Muscogee County

Prison?s vehicles are high mileage and already have maintenance concerns. This

vehicle is mission critical and the reduction of their fleet by this vehicle

has put extra demands on these existing vehicles. Therefore, the City Manager

has approved this purchase as an emergency procurement, per the Procurement

Ordinance, Article 3-115.



*** *** ***



UPCOMING EVENTS:



City Manager Cavezza highlighted some upcoming events as outlined below.



o September 2nd - United Way Luncheon - Trade Center, 11:30 a.m. ? 1:00

p.m.



o September 18th - POW/MIA Monument Dedication Ceremony

Government Center



*** *** ***



EXECUTIVE SESSION:



City Manager Cavezza said he would like to go into a brief executive after

the adjournment on today?s meeting to discuss a real estate issue.



DEMOLITION LIST:



Councilor Woodson said she would like for the City Manager to check and

see if it is possible to put the list of homes that have been placed under

demolition or those that have been reported to the City to be looked at, to be

put on the City?s website in order to allow those constituents that call in to

make a complaint; to be able to go on the website to determine the status of

that property.



Mayor Poydashff said whatever information is put out on the website, we

need to make sure that we clear it with the City Attorney.



*** *** ***





COMPREHENSIVE PLAN:



Councilor Davis said a constituent of his was present at the Council

meeting this morning and said he wanted to know about the possible meeting

dealing with the Comprehensive Plan and Land Use Plan and then asked if there

is a public hearing that is going to soon be coming up.



City Manager Cavezza said right now there are meetings ongoing between the

homebuilders and a group that is concerned about the environment and the

residents as well. He said they have a meeting scheduled this week with two of

those groups to hopefully resolve their concerns. He said we are down to one

point on that plan and said we think that if we get that resolved, we can bring

to the Council a comprehensive plan that basically people agree to and that

would solve a lot of these concerns and debates that we have had. He said as

far as a public meeting is concerned, he is not sure that we need one; because

if these groups come in and say they support it, it won?t be necessary. He said

if we feel like we need to have a meeting, we certainly would have one.



He said there was an issue about the A-2 & R-2 zoning and another

low-density area. He said we would need to talk about that briefly on next

week, to make sure everyone is aware of that.

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

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

CLERK OF COUNCIL'S AGENDA:



MEDICAL CENTER HOSPITAL AUTHORITY:



Clerk of Council Washington pointed out she has received a letter from Mr.

Murray Solomon, Chairman of the Medical Center Hospital Authority, advising

that Mr. Edward Griffin has been appointed to succeed Dr. Ashok Kumar on this

board and the Council needs to confirm Mr. Griffin.



Councilor Allen so moved. Seconded by Councilor McDaniel and carried

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



*** *** ***



KEEP COLUMBUS BEAUTIFUL COMMISSION:



Clerk of Council Washington submitted a letter from Mr. Chuck Granberry

resigning from his position on the Keep Columbus Beautiful Commission.



Councilor McDaniel moved the letter be received with regrets and thanks

for his service. Seconded by Mayor Pro Tem Rodgers and carried unanimously by

those nine members of Council present for this meeting.



*** *** ***



MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND OFFICIALLY RECEIVED BY THE

COUNCIL:



C. I. R. C. L. E., July 13, 2004.

Council Briefing, February 3, 2004.

Council Briefing, March 9, 2004.

Council Briefing, July 20, 2004.

Tax Assessors, No. 31.

Uptown Fa?ade Board, July 19, 2004.



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

Councilor McDaniel and carried unanimously by those nine members of Council

present for this meeting.



*** *** ***



THE FOLLOWING RESOLUTION WAS SUBMITTED BY CLERK OF COUNCIL WASHINGTON AND

ADOPTED BY THE

COUNCIL:



A Resolution (349-04) - Excusing Councilor Wayne Anthony from the August

17, 2004 Meeting. Councilor McDaniel moved the resolution be approved.

Seconded by Councilor Henderson and carried unanimously by those nine members

of Council present for the meeting.



*** *** ***



THE FOLLOWING NEW ZONING PETITION, RECOMMENDED FOR CONDITIONAL APPROVAL BY

BOTH THE PLANNING ADVISORY COMMISSION AND THE PLANNING DIVISION WAS SUBMITTED

AND EXPLAINED BY CLERK OF COUNCIL WASHINGTON AND AN ORDINANCE AND PUBLIC

HEARING WAS CALLED FOR BY COUNCILOR MCDANIEL:







Petition submitted by Ralph Austin to rezone approximately 0.23 acre of

property located at 3402 6th Avenue from an R-4 District to a C-2 District.

(47-CA-04-Austin)



Councilor McDaniel called for the ordinance and public hearing on thIs new

zoning petition.



*** *** ***

.

BOARD APPOINTMENTS:



CIVIC CENTER ADVISORY BOARD:



Clerk of Council Washington pointed out that Mr. Eugene Roper was

nominated on last week to succeed Mr. Terry Hattaway, who has resigned his seat

on the Civic Center Advisory Board and that he may now be confirmed.



Councilor Woodson moved he be confirmed. Seconded by Councilor Turner Pugh

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

meeting.



*** *** ***



COMMUNITY DEVELOPMENT ADVISORY COUNCIL:



Clerk of Council Washington pointed out that we still need a nominee for

Council District Four, for someone to fill the seat of Mr. Douglas Bryant who

currently serves on this board, but has moved out of Council District Four and

is now a resident of Council District Seven and has been appointed as the new

District Seven representative. There was no nomination.



She also informed Councilor McDaniel that we still need someone for Ms.

Leigh Stewart, who represents Council District Eight, but there was no

nomination.



*** *** ***



PUBLIC SAFETY ADVISORY COMMISSION:



Clerk of Council Washington said she has outlined the Public Safety

Advisory Commission seats and said that the Council may begin making their

nominations.



*** *** ***



TREE BOARD:



Clerk of Council Washington pointed out that Mr. James Head has been

nominated to succeed Ms. Susan Kleto on the Tree Board and that he may now be

confirmed.



Councilor Woodson moved he be confirmed. Seconded by Councilor Allen and

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



*** *** ***



YOUTH ADVISORY COUNCIL:



Clerk of Council Washington said we still need someone for Council

District Five.



*** *** ***



PUBLIC SAFETY ADVISORY COMMISSION:



Councilor Allen said he would like to nominate Mr. Allen McMullen as

Council District Six?s representative on the Public Safety Advisory Commission.



Councilor Woodson asked Clerk of Council Washington to contact the

President of the Young Professionals Organization and inform them that she is

looking for a nominee for consideration to serve on the Public Safety Advisory

Commission for Council District Seven.



*** *** ***



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

Poydasheff then asked if there was anyone who was not listed on the Public

Agenda, but had an issue to bring before the Council, they could be heard at

this time.





Ms. Francine Climer, 7432 Sierra Drive said she was present on last week

to speak to the issue of the rezoning on Double Churches Road and said she

thought the Council would want to know that someone has written on the rezoning

sign a comment that says ?greed based on fear?. She said the feeling in

Columbus with a lot of people is that even if they come to the Council meeting

it?s not going to do any good. She said she has lived here for 10 years and she

has seen a lot of that, but she has seen several people speak out; however,

things get passed and its almost like the voices aren?t heard. She said they

are heard but they aren?t listened to.



Ms. Climer said she also has some concerns about you having a public

meeting for the land use and she thinks that you need the input of the public

to find out what the people want. She said she thinks it?s important for the

Council to let the public know that you are willing to hear and listen to them

and that you care about our concerns. She said somewhere down the line this has

all gotten lost and people think you feel that way. She said they think a few

of you might feel this way, but not as a whole. She said that is terrible for

the people of a City to feel this way about a City Council because you are our

voice and are the only voice that we have.



Mayor Poydasheff and members of the Council responded to those concerns

and comments expressed by Ms. Climer.



*** *** ***



EXECUTIVE SESSION:



Mayor Poydasheff said he would entertain a motion for the Council to go

into an executive session as requested by City Manager Cavezza. Councilor

McDaniel so moved. Seconded by Councilor Suber and carried unanimously by those

nine members of Council present for this meeting.



*** *** ***



At 10:37 a.m., the Council adjourned its regular session to allow the

Council to go into an executive session.



At 10:46 a.m., the regular session was called back to order at which time

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

discussed a real estate issue, but there were no votes taken.



*** *** ***



With there being no further business to come before this Council,

Councilor McDaniel then made a motion for adjournment. Seconded by Mayor Pro

Tem Rodgers and carried unanimously by those nine members of Council present,

with the time being 10:48 a.m.









Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia