MINUTES
COUNCIL OF COLUMBUS, GEORGIA
REGULAR SESSION
OCTOBER 7, 2008
The regular monthly night session of the Council of Columbus, Georgia was
called to order at 5:30 P.M., Tuesday, October 7, 2008, in the Council Chambers
on the Plaza Level of the Government Center, Columbus, Georgia. Honorable W.J.
Wetherington, Mayor, presiding.
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PRESENT: Present other than Mayor Wetherington and Mayor Pro Tem Evelyn Turner
Pugh were Councilors Wayne Anthony, R. Gary Allen, Mike Baker, Jerry ?Pops?
Barnes, Glenn Davis, Berry Henderson, Julius H. Hunter, Jr., Charles E.
McDaniel, Jr., and Evelyn Woodson. City Manager Isaiah Hugley, 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: Councilor Charles E. McDaniel, Jr., and Mayor Pro Tem Turner Pugh were
absent, but were excused upon the adoption of Resolution Numbers 463-08 &
464-08 respectively.
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INVOCATION: Led by Pastors Terry and Mary Jefferson, with the Word
of Revelation Ministries.
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PLEDGE: Led by Mayor Jim Wetherington.
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COLUMBUS DAY CELEBRATION:
Ms. Lisa Goodwin, Deputy City Manager and Ms. Lisa Rowe of Uptown
Columbus, Inc. came forward and outlined the scheduled activities that is
planned for the second Annual Columbus Day Celebration, which will be
held on Friday, October 10, 2008 Columbus Day Celebration, which will
begin at 6:00 ? 10:00 p.m., which will be a part of the Broadway Concert
Series in Uptown Columbus in the 1000 and 1100 block of Broadway.
She said this will be a free event and we have a lot of activities for the
children and encouraged the citizens to bring their entire family out to this
celebration.
Ms. Lisa Rowe of Uptown Columbus said they would like to encourage
everyone to come out and enjoy Uptown and the dining, as well as the
businesses that is located in Uptown Columbus.
Also present were Ms. Shelby Guest, Ms. Kimberly Parker and Ms. Kari
Clark of the Columbus Convention & Visitors Bureau.
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PROCLAMATIONS:
?DOMESTIC VIOLENCE AWARENESS MONTH?:
With Ms. Mattie P. Hall, Chairperson of the Domestic Violence Roundtable,
Inc., Ms. J. C. Jenkins, Ms. Audrey Glover, Ms. Valencia Evans, Dr. Ellen
(inaudible), Ms. Nicki Waller, Ms. Diane Sinkle, and
Ms. Linda Bass standing at the Council table, Mayor Pro Tem Turner Pugh read
the proclamation of Mayor Wetherington, proclaiming the month of October, as
?Domestic Violence Awareness Month?, in Columbus, Georgia.
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?73rd ANNUAL TUSKEGEE UNIVERSITY-MOREHOUSE
COLLEGE FOOTBALL CLASSIC WEEK:_______________________
With Judge Michael Bellamy, 2008 Football Classic Committee Chairperson,
Mrs. Rosa Stanback, Gameday Journal Chair, Mr. Oscar Stanback, Players, Coaches
and Media Luncheon Chair, Ms. Mattie Hall, Booth Chairperson and Mr. Tim
Patterson, Chairperson of the Step Show Committee standing at the Council
table, Councilor Hunter read the proclamation of Mayor Wetherington,
proclaiming Friday ? Sunday, October 10 ? 12, 2008, as the ?73rd Annual
Tuskegee University-Morehouse College Football Classic Week?, in Columbus,
Georgia.
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?COLUMBUS 4-H WEEK?:
With Ms. Mary Brewer, County Extension Agent, Ms. Allison Bailey,
President of the Junior/Senior Council, Ms. Amber Thomas, Vice-President of the
Junior/Senior Council, Ms. Jade Sabatke, Miss Columbus 4-H,
Ms. Anna Medlin, Cloverleaf 4-H Representative, Mr. Timothyus Tucker, 2008
State 4-H Congress Delegate, Ms. Shelby Robidoux, Senior 4-H Representative,
Ms. Beverly Robidoux, 4-H Program Assistance standing at the Council table,
Councilor Woodson read the proclamation of Mayor Wetherington, proclaiming
October 5 ? 11, 2008, as ?Columbus 4-H Week?, in Columbus, Georgia.
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?COLUMBUS COMMUNITY PLANNING MONTH?:
With Mr. Rick Jones, Director of the Planning Department and members
of his staff standing at the Council table, Councilor Henderson read the
proclamation of Mayor Wetherington, proclaiming the month of October
2008, as ?Columbus Community Planning Month?, in Columbus, Georgia.
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?HELP THE HOOCH DAY?:
With Mr. Michael Burgess, Storm Water Programs Manager and
Ms. Gloria Weston-Smart, Keep Columbus Beautiful Executive Director standing at
the Council table, Councilor Davis read the proclamation of Mayor Wetherington,
proclaiming October 17 ? 18, 2008 as ?Help the Hooch Day? in Columbus, Georgia.
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MAYOR?S AGENDA:
THE FOLLOWING RESOLUTION WAS SUBMITTED BY CITY ATTORNEY FAY AND READ IN
ITS ENTIRETY BY COUNCILOR ALLEN AND ADOPTED BY THE COUNCIL:_____________________
A Resolution (458-08) ? Honoring Cesar E. Chavez for his exemplary work on
behalf of farm workers, civil, labor, and women?s rights. Councilor Allen moved
the adoption of the resolution. Seconded by Councilor Woodson and carried
unanimously by those eight members of Council present with Mayor Pro Tem Turner
Pugh and Councilor McDaniel being absent from the meeting.
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MINUTES OF COUNCIL MEETINGS: Minutes of the August 26 and September 2, 2008
Council Meetings of the Council of the Consolidated Government of Columbus,
Georgia were submitted and approved by the Council upon the adoption of a
motion made by Councilor Allen. Seconded by Councilor Woodson and carried
unanimously by those eight members of Council present, with Mayor Pro Tem
Turner Pugh and Councilor McDaniel being absent from the meeting.
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CITY ATTORNEY?S AGENDA:
THE FOLLOWING ORDINANCE, WHICH WAS DELAYED FROM THE SEPTEMBER 30, 2008
COUNCIL MEETING WAS AGAIN SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY AND
AFTER SOME DISCUSSION AMENDED AND THEN ADOPTED BY THE COUNCIL:___
An Ordinance (08-57) ? Amending the text to the Unified Development
Ordinance (UDO) to allow Places of Worship on less than 2 acres as Special
Exception Use. (33-A-08-Gateway Assemblies of God, Inc.) Councilor Henderson
moved the adoption of the ordinance. Seconded by Councilor Barnes and carried
unanimously by those eight members of Council present for this meeting with,
Mayor Pro Tem Turner Pugh and Councilor McDaniel being absent from the meeting.
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THE FOLLOWING TWO ORDINANCES WERE ALSO SUBMITTED AND EXPLAINED BY CITY
ATTORNEY FAY AND ADOPTED BY THE COUNCIL ON SECOND READING: ________
An Ordinance (08-58) ? Amending the miscellaneous driving rules of The
Consolidated Government of Columbus, Georgia by amending City Code Section
20-9.48 by restricting trucks to a maximum of seven (7) tons or a length of 24
feet from traveling along Chattsworth Road from Technology Parkway to Midland
Rd. and along Midland Rd. from Chattsworth Road to Macon Road; authorizing the
installation of official traffic control signs indicating said truck
restrictions; repealing conflicting Ordinances and for other purposes.
Councilor Allen said he would ask the City Attorney to help him explain
exactly what we are doing here. He said he knows that there has been a lot of
concern over this matter. He said his understanding; after meeting with the
neighbors in the area, they had requested limited use of Chattasworth Road and
to restrict construction truck traffic on the road. He said they are trying to
work out some access points with Fort Benning, but said one particular request
was to install signage which would inform the driver that this was a prohibited
area for truck traffic. He said that is his understanding of this ordinance
and then asked City Attorney Fay if that is correct.
City Attorney Fay said it is. He said this will allow trucks under the
weight, or the 24-foot limit to use the road, but those over the weight can
only travel there if they are making a pickup or delivery on those portions of
Chattsworth Road. He said it is a compromise to allow pickup and deliveries
pursuant to State law, but to restrict all other traffic with that weight and
that length.
Councilor Allen then made a motion to adopt the ordinance. Seconded by
Councilor Henderson and carried unanimously by those eight members of Council
present, with Mayor Pro Tem Turner Pugh and Councilor McDaniel being absent
from the meeting.
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An Ordinance (08-59) ? Regulating the vehicular traffic in Columbus,
Georgia, by establishing a No Parking Anytime Zone along Highland Pines Drive,
authorizing the installation of official traffic control signs, indicating said
parking restrictions, repealing conflicting Ordinances and for other purposes.
Councilor Allen moved the adoption of the ordinance. Seconded by Councilor
Davis and carried unanimously by those eight members of Council present, with
Mayor Pro Tem Turner Pugh and Councilor McDaniel being absent from the meeting.
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THE FOLLOWING RESOLUTION, WHICH WAS DELAYED FROM THE SEPTEMBER 30, 2008
COUNCIL MEETING WAS AGAIN SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY AND
APPROVED BY THE COUNCIL:___________________________
A Resolution (459-08) ? Approving a Special Exception use to operate a
place of worship on property less than 2 acres but greater than 1 acre located
at 3702 Buena Vista Road. Councilor Henderson moved the adoption of the
resolution. Seconded by Councilor Baker and carried unanimously by those eight
members of Council present, with Mayor Pro Tem Turner Pugh and Councilor
McDaniel being absent from the meeting.
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THE FOLLOWING RESOLUTION, WHICH WAS ALSO DELAYED FROM THE SEPTEMBER 30,
2008 COUNCIL MEETING WAS AGAIN SUBMITTED AND AGAIN DELAYED BY THE
COUNCIL:___________________________________________________
A Resolution ? Approving a Special Exception use to erect a wireless
communications facility for wireless communications service on property located
at 425 Old Buena Vista Road.
Councilor Barnes said he has had a number of citizens who has approached
him about this matter. He said he knows what we are required to do, but he
thinks that when citizens have a concern, he thinks that they need to be
addressed. He said he would ask for a delay so that the concerns that the
citizens have can be addressed. He said he want to be able to meet with the
individuals who are requesting this tower so that they can answer questions
that the citizens who have been living there for 40 or 50 years in this
community. He then made a motion for a delay on this matter. Seconded by
Councilor Woodson.
Councilor Hunter said he has also heard from many citizens who has
concerns about this and based upon the fact that he ride by that area everyday,
he had no plans of supporting this matter. He said a tower in that area would
junk up the area; its makes it undesireable and said what we are trying to do
is to make areas in South Columbus more pristine. He said this doesn?t add to
it, and he would suggest that the applicant go back and take a look at this
matter and try to camouflaging this in some manner if they want to put a tower
there. He said to put a tower at that location and have to drive by it and look
at it everyday, he said that wouldn?t be an addition to that area, but it would
be a minus. He said let?s erase this if we can.
Councilor Barnes expressed further concerns regarding this matter, saying
a number of the concerns of the people that he met with on last night feels
like this tower would prohibit any further development from going into this
area. He said even though he knows what we are required to do his concerns will
always be the concerns of the citizens. He said if we need to take that extra
step or measure to deal with the concerns that they have, then we need to do
that.
City Manager Hugley said there is a court reporter present here this
morning and said they are here just for this particular item on the agenda
today. He said he just wanted to let the Council know this for their
information. He said he doesn?t see any problem with delaying this matter in
order to talk with the petitioner who wants to erect the wireless communication
tower.
Councilor Henderson said since the petitioner is present today, he thinks
it would be a good opportunity for us to ask questions regarding the tower. He
then asked the petitioner to come forward. He asked why wouldn?t we not use
some type of stealth tower, a monopole type structure, something less
intrusive. He said we have seen towers used as flag poles and make every effort
to make them blend in the community and then asked the petitioner if they had
considered that type of endeavor.
Mr. Andy Rotenstreich, representing A T & T Wireless Communication said
they are proposing this particular tower in this location and said to address
the concerns of Councilor Henderson camouflaging is something that they do
always look at first. He said they look to try and put their antennas on
existing structures or existing towers, and with none available that would work
to cover the same area, they then look to see what kind of pole they can put up
and the first thing they look to see if they can camouflage.
He said with technology and capabilities, there are a few things that they
can do. He said they have constructed what they call mono-pine, as opposed to a
mono-pole, which is basically the same type of structure that they are
proposing here today, which makes the structure look like a fake pine tree. He
said they have seen other types of trees out in other parts of the country. He
said they have also done flagpoles before as well as canisters in this
particular city in Columbus. He said on a previous application approximately a
year ago, they did the pole and put some canisters around the antenna to
camouflage and keep them from looking like antennas. He said in this particular
case, we have to look at what?s around the neighborhood to see if camaflouge
would work. He said they didn?t personally think a tree in that area would work
based upon what was around it. He said those tend to work better when you are
in a wooded area. He said it?s going to look like a fake tree if you put it in
an area such as this.
Mr. Rotenstreich spoke for several minutes in explaining the different
types of poles and what he thought would work best in this area. He said the
canister would be an option and is something that they could look at; however,
the reason they didn?t propose the canister here is because they met the
ordinance as it was drafted and written on the books. He said your ordinance
allows them to avoid certain parts of the ordinance if they do camouflage it,
but because they met the requirements they didn?t go that route. He said if
that is something that the Council would like for them to look at, they would
look at doing so.
After Mr. Rotenstreich concluded his remarks, he then responded to
questions of members of the Council. He then showed a map of the area they are
proposing to place the tower, as well as explained further why they have to
build another structure to place this tower on.
Councilor Barnes said he has a list of concerns from the citizens in the
area and said he would like to get together with Mr. Rotenstreich prior to them
coming together so that he can answer and satisfy those concerns.
Mr. Rotenstreich asked when would this item be back before the Council on
the agenda. He said they would make themselves available at the earliest
possible date so they could be on the next Council agenda.
City Manager Hugley said if the meeting can be arranged this week prior to
Friday on noon, we could go ahead and list it back on the agenda for next week,
or we can go ahead and put it back on the agenda and if they have not resolved
the issues by then, you could further delay it. There were no objections to
this.
Councilor Barnes said he would like to make a motion to allow Teresa
Tomlinson to be heard. Seconded by Councilor Woodson and carried unanimously by
those eight members of Council present, with Mayor Pro Tem Turner Pugh and
Councilor McDaniel being absent from the meeting.
Ms. Teresa Tomlinson, representing MidTown, Inc., said it is her
understanding that this matter is on first reading, to which City Attorney Fay
said it is a Special Exception Use request and there is no first and second
reading, but said this is a hearing and anyone for or against can be heard.
She said this came to their attention back in July of this year when a
notice went out to some of the organizations in the community about a possible
environmental impact due to the building of this cell tower. She said MidTown,
Inc., did not receive a notice directly but another organization informed them
about the matter and they did make formal comments to the environmental
consultant who was working for the applicant here; so did the other
organization. She said they asked them to respond with additional information,
which she has with her today and it will be supplied to the Council as well
noting some African American historic resources in the area. She said MidTown,
Inc., was speaking to the economic development impact of this area. She said
this area does have depreciated or deflated property values. She said there are
vacant industrial sites and land around this area, but immediately adjacent to
this area very strong community that has been there in excess of 50 years. She
said when we look at things such as economic redevelopment, which is a big part
of our community having this depressed property value is a great opportunity.
She said when we see these applications comes in, we have to guard against them
and take them in the long term plan and what we want this community to look
like down the road and are we about to ruin a particular application that will
have long term property use and economic impact.
Ms. Tomlinson spoke for some ten minutes in expressing her concerns
regarding this request for a wireless communication tower.
Mayor Wetherington then called the question on Councilor Barnes? earlier
motion to delay the resolution for one week, which was seconded by Councilor
Woodson. The motion carried unanimously by those seven members of Council
present at the time, with Councilor Davis being absent for this vote and
Councilor McDaniel and Mayor Pro Ten Turner Pugh being absent from the meeting.
City Attorney Fay then asked if there was anyone here today who cannot be
present on next week and want to comment on this matter. There was no one who
wanted to be heard. He then said that we would tentatively plan on either one
or two week delay depending on the schedule of Mr. Rotenstreich
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***--------------------------------------PUBLIC AGENDA:
THE FOLLOWING PERSONS APPEARED ON THE PUBLIC AGENDA AND PROVIDED IS A
SUMMARY OF EACH PERSONS
COMMENTS:_________________________________________________
MR. JIM RHODES, RE: DESIGN WORK FOR MOON ROAD TO THREE LANES AND TO
PRESNET PETITION WITH ADDITIONAL
SIGNATURES:__________________________________
Mr. Jim Rhodes, One North Whisper Court said this is the 40th time that he
has been down to this Council meeting and said he is getting up in age and
doesn?t feel like he should be coming down here much any more. He said he has
lived out in this area for twenty-four years and it seems that he has been down
to this Council regarding Moon Road. He said he has some additional petitions
with seven more signatures to go along with the additional 141 signatures that
he originally filed with the Council.
He said there was an individual killed on Moon Road approximately a week
ago and said here it is that the Council wants to put a four-lane highway out
there. He said the majority of the people doesn?t want a
four-lane road.
Mr. Rhodes said he doesn?t understand why the Council wants to spend
additional money making this a four-lane when it is something that the people
don?t want it.
He said he is here today to ask some of his friends on the Council to make
a motion that you go ahead and start the design work now on a three-lane road,
which is what the majority of the people who lives out there, want. He said the
road is so bad that it really needs to be resurfaced right now.
Councilor Allen said he would ask the City Manager to bring a report to
the Council and let as known when he is planning on bringing this matter before
the Council for a vote. He said he knows that the Planning Division is
studying the design at this point. He said he is not sure when it is coming
before us. He said he thinks Mr. Rhodes was misinformed that it was coming
before us today.
City Manager Hugley said he didn?t give any information that this matter
would be on the agenda today, and said maybe there was some miscommunication.
He said when he talked with Mr. Rhodes he told him that we had gotten the okay
to proceed forward with the design on certain projects to include Moon Road,
Forrest Road and a few other roads and that we were going to be bringing those
projects forward to the Council at future Council meetings. He said we do have
money to move forward with the design; which was money that we already had.
He said we have had various public forums regarding Moon Road to allow
input and said during the last public forum that we had we gave people various
options on a survey. He said those options were (1) four-lanes with a median,
(2) four-lanes with no median, (3) three-lanes with a center turn lane. He said
when we tallied up all the votes for positions that people took regarding the
various options, the majority of the people wanted four-lanes of some sort;
whether it be four-lanes with a median or four-lanes without a median. He said
there was a good number of people who indicated that they wanted three-lanes, a
center turn lane and two travel lanes; and based on the votes on the surveys
that were taken, what we have indicates that people want four-lanes of some
sort.
City Manager Hugley said what the staff has brought forth is four-lanes
with no median because it is gong to be the least impact on private property in
the area. He said at this point they are prepared to move forward with
four-lanes with no median unless otherwise directed by the Mayor & Council. He
said they could go back out and hear from the residents again in another forum.
He said if we do that maybe some of those people have changed their positions;
maybe some will not come back, but would still want their survey and what they
said considered. He said the only delay that they have in moving forward with
this road is some direction as to whether it be four-lanes with median,
four-lanes with no median, or three-lanes with a center lane. He said the
staff?s position at this point is four-lanes with no median and said they are
prepared to move forward with the design on tomorrow if they know the position
of the Council. He said they were going to bring this back to the Council
within the next few weeks and discuss here at the Council table and ask you for
your directions. He said they would come back to the Council, as you have asked
us to discuss each project and will do it prior to January 2009.
Mayor Wetherington said if we go out and have another public forum and the
people vote again and vote differently than what they did previously the last
time we had the forum, he wonder what the people in the community will say. He
said he shares Mr. Rhodes concerns as he has been out there with him on a
number of occasions and said that road definitely needs to be widened. He said
the majority of the people voted for four-lanes.
At the request of Mayor Wetherington, Director of the Department of the
Planning Division went into much details explaining the process of the public
forums and what the results of that public forums. He said the consensus that
they felt during this public forum was to go with a four-lane. He said their
main concern is how do we move traffic through this neighborhood without
impacting and destroying the very thing that they are trying to help and the
best way that they know how; which is the way they want to peruse it, is with a
four-lane. He said under the concept they believe they can put this four-lane
in without damaging either side of the roadway and taking either of those
houses out.
Discussions continued on this subject for more than twenty minutes with
several members of the Council expressing their views on the matter, as well as
requesting additional information as outlined. Councilor Henderson said he
lived out in that neighborhood for thirteen years and said he would be
interested in hearing some statistics from our Traffic Engineer and Public
Safety personnel as to what would be the safest means of moving traffic through
this area.
Councilor Davis said he would like to be provided with a copy of the
results from the votes that took place during the town hall meetings that were
held regarding the Moon Road widening.
In conclusion of this matter, City Manager Hugley said we can bring this
matter back within the next week or two for further discussion before the
Council, as well as will provide the information that has been requested by
Council members.
Councilor Allen said he has talked with Councilor Henderson regarding this
matter since he used to live in this neighborhood and said he would like to see
the information as requested by Councilor Henderson before moving further on
this matter.
Mr. Rhodes then filed additional signatures with Clerk of Council
Washington.
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RECOGNITION OF MISS HANNAH TARLETON:
Councilor Davis said he would like to introduce a special guest that he
has present with him tonight, Miss Hannah Tarleton. He said her parents are
also present here as well as her sister. He said Hannah was shadowing him all
day today and got to see how city government operates. He said they visited
several departments and he thinks that she came out realizing that government
is a little bit bigger than she thought it was.
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MR. ZEPH BAKER, RE: CYF PROGRAM AND PARKSX & RECREATION
FIRLED:____________________________________
Clerk of Council Washington pointed out that Mr. Zeph Baker cancelled his
scheduled appearance before the Council on yesterday afternoon.
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MR. BENNY FOSTER, RE: DEMOLITION PROCESS:
Mr. Benny Foster, who requested to be listed on tonight?s agenda,
to discuss the demolition process did not respond when given the opportunity to
address the Council.
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MR. EDWARD DUBOSE, REPRESENTING THE GEORGIA STATE CONFERENCE, NAACP, RE:
AN INCIDENT WITH PUBLIC
SAFETY:_____________________________________________________
Mr. Edward Dubose said he would like to read one of three letters that he
has received from three young people, with the youngest being 15. He said
because he may not complete the reading of the letter due to the 5-minute
limit, he wants to make it know that neither one of these individuals was
charged for what they were taken down for nor guns put in their face. He said
he also wants to make it known that the car of the bank robbery, (which is what
he will be talking about) was different from the car that the individuals was
driving, who was taken into police custody. He said the parent of one of the
young boys was a dialysis parent.
He said if we don?t do something different, and he wants this Council to
hear him, somebody is going to get killed. He said he want this to resonate; if
we don?t do something; somebody is gong to get killed again and sorry and
having a good city and we?re a great city, just won?t do.
Mr. Dubois then read into the record a letter from one of the young men
who was stopped on Wright Drive and questioned regarding a bank robbery.
In this letter, the young man outlined the series of events that occurred when
he along with the two other young men were taken down to the Public Safety
building.
While continuing to read the letter, the 5-minute time limit was signaled
after which Mr. Dubois said he would stop here, because his time is up, but
said the rest of this letter goes on which is most embarrassing and said if we
don?t do something, somebody is going to get killed. He said none of these
young men were charged with this, but said all of them had guns put to their
heads, and said all of them were black.
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DR. JAMES THORSEN, RE: CENTRAL RIVERFRONT
DISTRICT:________________________________________________
Dr. James Thorsen said he is here today to speak to the Council about the
Outdoor Caf? ordinance and the lack of enforcement of this ordinance in the
Central Riverfront District. He says lack of enforcement because the history of
this legislation is so clear. He said in April of 1999 the Ledger Enquirer
announced a public hearing of an upcoming ordinance that would allow downtown
restaurants to create outdoor cafes on the sidewalks. He said the Mayor at that
time declared in a City Council meeting that this will allow individuals that
have a restaurant to allow people to eat outside on the sidewalk and be
outside.
He said the last time he checked the City Code bars are not considered
restaurants in this city. He said not only was it never intended for bars to
operate on public property, but said the same ordinance that was passed also
specifically prohibited Outdoor Caf? on private property in the Central
Riverfront District.
Dr. Thorsen spoke for several minutes in continuing to express his
concerns regarding this matter and said what specifically brings him before the
Council today is that he was somewhat shocked to read in the Columbus Ledger
two weeks ago that the Uptown Fa?ade Board, behind closed doors and without
prior notice adopted guidelines for the operation of Outdoor Caf?. He said
those guidelines are almost identical to the ordinance that was presented to
the City Council one year ago; an ordinance that was never discussed or voted
on. He said he wants to be clear about what is being proposed by these
guidelines. He said we are talking about an area on public sidewalk that really
has no clear boundaries. He said this area is operated by a bar owner and is
treated as part of the bar and is an area where anyone under the age of 21 is
free to enter and mingle with the patrons.
He said those patrons are free to purchase as many drinks in the bars as
they can hold and carry them out into that area. He said he couldn?t believe
the Council would support an Enron like this around the protection that the
City Code gives to persons under the age of 21, protection that is designed to
shield young adults from the temptation and activities that occur in any normal
bar. He said that is exactly what these guidelines do.
In concluding his remarks, Dr. Thorsen said it is the responsibility of
the Council to deliberate and pass responsible ordinances consistent with
public morality; ordinances that protect all citizens and are fair to all
business owners across the entire City. He said he would respectfully request
that the Outdoor Caf? ordinance be enforced in the unambiguous manner that the
ordinance is written and with the clear intent, which the City Council said it
was supposed to be for in 1999.
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MR. HOWARD J. TURNER, RE: PROPERTY TAX ASSESSMENT - TAX ASSESSORS?
OFFICE:___________________________________
Mr. Howard J. Turner said the last time he was here in the Council
Chambers there was a woman who was picketing out front of the Government Center
and said she was having a problem with the Assessors Office. He said it struck
his curiosity; therefore, he came to the Council meeting to see what she was
talking about. He said after the Council meeting on that day, he spoke briefly
to the Council. He said he also sent an email to all the members of the
Council; however, no one replied to his email. He said he went into debt about
his complaint and cited what he said was Georgia State Code violations that was
occurring in the office and said he didn?t receive any response back from
anyone and said that he was very disappointed in that.
He said it is his opinion that for a period of time the Assessors? Office
may have been operating outside of the law. He said he went through the
appeals process about some property valuations that occurred and he sat down
with the Chief Appraiser, as well as the Board of Appraisers. He said he asked
one simply question, which was ?What Class County are we here in Muscogee
County?? He said no one could answer that question.
Mr. Turner said the Georgia Code indicates that the Class County that you
are in mandates the staffing requirements for the office. He said if the Chief
Appraiser cannot indicate what Class County we are, how could the Chief
Appraiser determine if we are properly staffed. He said the appraisals that was
done on his property, he strongly allege that they were illegally.
He said he was told to appeal those appraisals, but he is saying that they
should be voided if they were not legal, why should he even appeal them.
Councilor Woodson asked City Attorney Fay to follow up and respond to
those comments made by Mr. Howard Turner with respect to the Tax Assessors
office and the appraisals done on his property being illegal.
City Attorney Fay said he would bring something back to the Council
regarding the Class County. He said Ms. Middleton has already looked into the
matter and the fact that this gentleman did not come back in and make a return
during the time from January to April when you are allowed to make a return.
He said he would bring back the information regarding the Class County and the
minimum number of appraisers and what the process is.
Councilor Henderson said staffing levels, even if they are required in
other areas that responsibility falls with this Council. He said the Tax
Assessors asks for more people every year in the budget process and said the
Mayor, staff and Council goes through a deliberation and budget process to
allot them the number of personnel that we can afford at that time.
Mr. Turner said the staffing requirements are State requirement. He said
regardless of the budget, if you must have a certain number of a certain type
of appraiser, then it is irrelevant if it is budgeted or not.
Councilor Henderson said the Chief Tax Assessor may be requesting the
personnel that would met the requirements; and if she is and we are turning
them down, he is not sure how much we can fault her in that respect. He said we
are going to pursue it and see what those requirements are.
City Attorney Fay said he would bring back some additional information on
that matter. He said according to Ms. Middleton we are a Class 7 County, which
requires at least eight appraisers of different types.
*** *** ***
MR. PAUL OLSON, RE: SALES TAX (BONDED DEBT), DEVELOPMENT AUTHORITY AND
CHATTSWORTH ROAD ORDINANCE:______________________________________________
Mr. Paul Olson, 13830 Upatoi Lane came forward and addressed concerns with
respect to the sales tax, as well as the opening up of Chattsworth Road to
allow truck traffic.
*** *** ***
MR. BERT COKER, RE: WRONGFUL ARREST INCIDENT AND
CHATTSWORTH ROAD:______________________________________
Mr. Bert Coker, who requested to be listed on tonight?s agenda, did not
respond when given the opportunity to address the Council.
*** *** ***
MR. W. "RANDY" ROBERTSON, RE: PERSONNEL REVIEW BOARD AND THE RIGHTS PUBLIC
SAFETY EMPLOYEES:
Mr. W. R. ?Randy? Robertson, came forward and spoke regarding the
Personnel Review Board and the rights of public safety employees.
*** *** ***
Mr. LORENZA WILDER, RE: TRAFFIC SURVEY:
Mr. Lorenza Wilder, came forward and asked several questions regarding
Traffic survey.
------------------------------------*** ***
***--------------------------------------
CITY MANAGER?S AGENDA:
THE FOLLOWING THREE RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY MANAGER
HUGLEY AND ADOPTED BY THE COUNCIL PURSUANT TO THE ADOPTION OF A SINGLE MOTION
MADE BY COUNCILOR ALLEN AND SECONDED BY COUNCILOR WOODSON, WHICH CARRIED
UNANIMOUSLY BY THOSE EIGHT MEMBERS OF COUNCIL PRESENT, WITH MAYOR PRO TEM
TURNER PUGH AND COUNCILOR MCDANIEL BEING ABSENT FROM THE MEETING:____________
A Resolution (460-08) ? Authorizing the submission of an application
and if approved waive Section 3.2.63.C. and G.5 (A) (1) of the Unified
Development Ordinance (UDO) regulating temporary uses and special events until
January 1, 2009 in order to accommodate such uses during the holiday season.
A Resolution (461-08) ? Authorizing the acceptance of a grant from the
United States Department of Justice for the Columbus Police Department Gang
Resistance Education and Training Program known as the G.R.E.A.T. Program.
A Resolution (462-08) ? Authorizing the approval of the trade of two
surplus vehicles in exchange for a surplus school bus from the Muscogee County
School District. The City currently uses old school buses to transport inmates
back and forth from the Muscogee County Prison to the Solid Waste Collection
Division of the Public Services Department, and to the Park Services Division
of the Parks and Recreation Department. The bus used by the Solid Waste
Collection Division became too costly to repair and was salvaged.
------------------------------------*** ***
***--------------------------------------
CLERK OF COUNCIL?S AGENDA:
CLERK OF COUNCIL WASHINGTON SUBMITTED THE FOLLOWING ITEMS AS INFORMATION
FOR THE MAYOR & COUNCIL:___________________________________________________
Notice from ACCG of the 29th Annual Labor Relations and Employment Law Update
Conference, November 13 - 14, 2008.
Memorandum from Clerk of Council Washington, Re: Board of Honor.
Memorandum from Clerk of Council Washington, Re: Alternate Members on Planning
Advisory Commission.
Memorandum from Clerk of Council Washington, Re: Public Safety Advisory
Commission.
Memorandum from Clerk of Council Washington, Re: Uptown Facade Board.
THE FOLLOWING TWO RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CLERK OF
COUNCIL WASHINGTON AND ADOPTED BY THE COUNCIL:_______________________________
A Resolution (463-08) ? Excusing Councilor Charles E. McDaniel, Jr. from
the October 7, 2008 Council Meeting.
A Resolution (464-08) ? Excusing Mayor Pro Tem Evelyn Turner Pugh from the
October 7, 2008 Council Meeting.
Councilor Henderson moved the adoption of these resolutions. Seconded by
Councilor Woodson and carried unanimously by those eight members of Council
present, with Mayor Pro Tem Turner Pugh and Councilor McDaniel being absent
from the meeting.
*** *** ***
THE FOLLOWING TEMPORARY STREET CLOSING APPLICATION WAS SUBMITTED BY CLERK
OF COUNCIL WASHINGTON AND APPROVED BY THE COUNCIL:____________
Application of Kelly Smith to temporarily close Broadway from 10th Street
to 12th Street (1000 & 1100 Block) and 11th Street from 1st Avenue to Front
Avenue, on Saturdays, October 25, 2008 from 5:00 p.m. to 9:00 p.m., in
connection with ?Spooktacular 2008? pedestrian safety.
Councilor Henderson moved the approval. Seconded by Councilor Woodson and
carried unanimously by those eight members of Council present, with Mayor Pro
Tem Turner Pugh and Councilor McDaniel being absent from the meeting.
*** *** ***
MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL
WASHINGTON AND OFFICIALLY APPROVED BY THE
COUNCIL:_______________________________
Board of Tax Assessors, No. 33-08.
Development Authority, August 7, 2008.
Development Authority, September 4, 2008.
Family & Children Services, September 24, 2008.
Hospital Authority, June 25, 2008.
Hospital Authority, August 27, 2008.
Taxicab Commission, July 2, 2008.
Councilor Allen moved the approval of the minutes. Seconded by Councilor
Woodson and carried unanimously by those eight members of Council present, with
Mayor Pro Tem Turner Pugh and Councilor McDaniel being absent from the meeting.
*** *** ***
THE FOLLOWING NEW ZONING PETITION WAS SUBMITTED BY CLERK OF COUNCIL
WASHINGTON AND AN ORDINANCE AND PUBLIC HEARING WAS CALLED FOR BY COUNCILOR
DAVIS: _________________________________________
Petition submitted by Christopher Meacham to rezone 8.420 acres of
property located at 3844 Aldridge Road from GC (General Commercial) to LMI
(Light Manufacturing / Industrial) zoning district. (Recommended for
conditional approval by both the Planning Advisory Commission and the Planning
Department.) (37-CA-08- Meacham)
*** *** ***
THE FOLLOWING NEW ZONING PETITION WAS ALSO SUBMITTED BY CLERK OF COUNCIL
WASHINGTON AND WAS
RECEIVED ONLY:____________________________________________
Petition submitted by Lonnie Taylor to rezone 0.34 acre of property
located at 2721 Tip Top Drive from SFR2 (Single Family Residential 2) to RMF1
(Residential Multi-Family 1) zoning district. (Recommended for denial by both
the Planning Advisory Commission and the Planning Department.) (38-D-08-
Taylor)
Councilor Henderson made a motion to receive the petition. Seconded by
Councilor Baker and carried unanimously by those eight members of Council
present, with Mayor Pro Tem Turner Pugh and Councilor McDaniel being absent
from the meeting.
*** *** ***
BOARD APPOINTMENTS:
ANIMAL CONTROL ADVISORY BOARD:
Clerk of Council Washington pointed out that the Veterinarian Association
is recommending that Dr. John Blozsies be re-nominated as their representative
to serve another term of office on the Animal Control Advisory Board. Councilor
Henderson then nominated Dr. Blozsies for another term of office.
*** *** ***
BOARD OF HISTORIC & ARCHITECTURAL REVIEW:
Clerk of Council Washington pointed out that Mr. Robert Safran
has resigned his position on the Board of
Historic & Architectural Review and that Council will need to nominate someone
to succeed him. There were no nominations.
*** *** ***
CONVENTION & TRADE CENTER AUTHORITY:
Clerk of Council Washington pointed out that the term of office of
Ms. Lori Canterbury on the Convention & Trade Center Authority would expire on
October 24, 2008 and that she is eligible to succeed herself for another term
of office. She said that this is the Mayor?s appointment. There was no
nomination.
*** *** ***
PLANNING ADVISORY COMMISSION:
Clerk of Council Washington pointed out that we have two nominees for the
seat of Ms. Chris Henson who has resigned from the Planning Advisory
Commission. She said the two nominees are Mr. Glenn Heinzelman, who was
nominated by Councilor Davis and Mr. Travis Chambers, who was nominated by
Councilor Hunter.
A roll call vote was taken, which resulted in an inconclusive vote. Voting
for Mr. Travis Chambers were Councilors Anthony, Henderson, Hunter and Woodson.
Voting for Mr. Heinzelman were Councilors Allen, Baker and Barnes. Clerk of
Council Washington then pointed out that she would bring this matter back on
next week when there is a full Council present.
*** *** ***
WEST CENTRAL GEORGIA REGIONAL MH/DD/AD:
Clerk of Council Washington pointed out that Ms. Barbara Shehane,
Ms. Mary Miles, Mr. Albert Sanders and Mr. Joseph Gosha have been nominated to
serve another term of office on this board and that they may now be confirmed.
Councilor Henderson moved the confirmation of these four individuals. Seconded
by Councilor Allen and carried unanimously by those eight members of Council
present, with Mayor Pro Tem Turner Pugh and Councilor McDaniel being absent
from the meeting.
*** *** ***
YOUTH ADVISORY COUNCIL:
Clerk of Council Washington said we still need a representative for
Council District 6, Council District 8, as well as Council District 10. There
were no nominations.
*** *** ***
With there being no other business to come before this Council, Councilor
Allen then made a motion to adjourn. Seconded by Councilor Woodson and carried
unanimously by those ten members of Council present for this meeting with the
time being 8:05 p.m.
Tiny B. Washington, CMC
Clerk of Council
The Council of Columbus, Georgia
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