Columbus, Georgia

Georgia's First Consolidated Government

Post Office Box 1340
Columbus, Georgia, 31902-1340
(706) 653-4013
fax (706) 653-4016

Council Members

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

DECEMBER 20, 2005



The regular weekly meeting of the Council of Columbus, Georgia was called

to order at 9:00 A.M., Tuesday, December 20, 2005, 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 Robert S. Poydasheff and Mayor Pro Tem John

J. Rodgers were Councilors Wayne Anthony, Glenn Davis, Berry H. Henderson,

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

Suber. City Manager Isaiah Hugley, City Attorney Clifton Fay, Assistant City

Attorney Jamie Deloach, Clerk of Council Tiny B. Washington and Deputy Clerk of

Council Sandra Davis were also present. Councilors R. Gary Allen and Evelyn

Woodson took their seats at the Council table at 9:10 a.m.

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ABSENT: No one was absent.

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INVOCATION: Led by Pastor Billy Gross, Associate Pastor of Christ Community

Church.



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PLEDGE OF ALLEGIANCE: Led by the Torch Club Members of the South Columbus Boys

& Girls Club.

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MINUTES: Minutes of the November 22 & 29, 2005 meetings of the Council of the

Consolidated Government of Columbus, Georgia were 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 eight members of

Council present at the time, with Councilors Allen and Woodson being absent for

this vote.

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CITY ATTORNEY'S AGENDA:



WITH THOSE NAMED IN THE RESOLUTIONS STANDING AT THE COUNCIL TABLE, THE

FOLLOWING FIVE RESOLUTIONS WERE SUBMITTED AND READ IN THEIR ENTIRETY BY

COUNCILOR DAVIS AND ADOPTED BY THE COUNCIL PURSUANT TO THE ADOPTION OF A SINGLE

MOTION MADE BY COUNCILOR DAVIS AND SECONDED BY MAYOR PRO TEM RODGERS, WHICH

CARRIED UNANIMOUSLY BY THOSE EIGHT MEMBERS OF COUNCIL PRESENT AT THE TIME, WITH

COUNCILORS ALLEN AND WOODSON ABSENT FOR THIS

VOTE:____________________________________________________________



A Resolution (610-05) ? Commending and congratulating Fort Benning Masonic

Lodge No. 579 upon serving Columbus, Georgia and its public safety departments

diligently and faithfully during the recent protests near Fort Benning.



A Resolution (611-05) ? Commending and congratulating Hackel Realty and

Investments upon serving Columbus, Georgia and its public safety departments

diligently and faithfully during the recent protests near Fort Benning.



A Resolution (612-05) ? Commending and congratulating Eagle Trace

Apartments upon serving Columbus, Georgia and its public safety departments

diligently and faithfully during the recent protests near Fort Benning.



A Resolution (613-05) ? Commending and congratulating South Columbus

Elementary School upon serving Columbus, Georgia and its public safety

departments diligently and faithfully during the recent protests near Fort

Benning.



A Resolution (614-05) ? Commending and congratulating K & W Tailor Shop

upon serving Columbus, Georgia and its public safety departments diligently and

faithfully during the recent protests near Fort Benning.



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WITH MR. & MRS. INGRAM STANDING AT THE COUNCIL TABLE, THE FOLLOWING

RESOLUTION WAS READ IN ITS ENTIRETY BY COUNCILOR DAVIS AND ADOPTED BY THE

COUNCIL: ____________



A Resolution (615-05) ? Commending and congratulating Christian Service

Center, ?The Freedom House? upon serving Columbus, Georgia and its public

safety departments diligently and faithfully during the recent protests near

Fort Benning. Councilor Davis moved the adoption of the resolution. Seconded

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

present at the time, with Mayor Pro Tem Rodgers being absent for this vote.



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WITH MR. REGINALD L. PUGH STANDING AT THE COUNCIL TABLE, THE FOLLOWING

RESOLUTION WAS READ IN ITS ENTIRETY BY COUNCILOR SUBER AND ADOPTED BY THE

COUNCIL:________________________________________________________



A Resolution (616-05) ? Commending and congratulating Reginald L. Pugh,

President and CEO of the Urban League of Greater Columbus, upon being selected

as 2005 Citizen of the Year by the Omega Psi Phi Fraternity. Councilor Suber

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

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

Pro Tem Rodgers being absent for this vote.

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



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ZONING PUBLIC HEARING:



THE FOLLOWING FOUR ZONING ORDINANCES WERE SUBMITTED AND THEIR CAPTIONS

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





An Ordinance ? Rezoning 32.035 acres of property located at 10305 & 10309

Fortson Road from RE1 (Residential Estate 1) to HMI (Heavy

Manufacturing/Industrial). (57-CA-05-Ford)



An Ordinance ? Rezoning 22.3165 acres of property located at 2780 Smith

Road from RE1 (Residential Estate 1) to HMI (Heavy Manufacturing/Industrial).

(58-A-05-Ford)



An Ordinance ? Rezone 38.334 acres of property located at 2723 Smith Road

from RE1 (Residential Estate 1) to HMI (Heavy Manufacturing/Industrial).

(59-CA-05-Ford)



City Attorney Fay said the petitioner Mr. Chuck Ford is present here this

morning and he believes that he may have a proposal for one additional

amendment, which would add some additional prohibited uses.



Councilor Davis said not long ago, Florida Rock Industries met with the

residents of the Fortson Road area around the Quarry out at Northside High

School, which was a productive meeting with a lot of concerns being shared. He

said since that time, some of the residents may not be familiar with some of

the conditions, as there has been a number of conditions that have been added

to this ordinance and then asked City Attorney Fay to read those conditions

into the record.



At the request of Mayor Poydasheff, City Attorney Fay then read the

conditions into the record as outlined below. He said these conditions are

contained in the ordinance as it relates to the property located at 10305 and

10309 Fortson Road.



1. A 300-foot deep buffer shall be required along Fortson Road. Said buffer

shall include a berm and overburden placement.



2. Access to the site shall be restricted to the current quarry entrance

located on Smith Road.



3. A 100-foot deep mining buffer shall be required along I-185.Said buffer

shall include a berm, overburden placement, driveways, and utilities.



4. Any new pit on the property subject to rezoning shall be located and

certified by civil engineers and a copy of such certification shall be

delivered to the Columbus Director of Engineering.



5. Any wetlands will be delineated by the Corp of Engineers and such

delineation shall be delivered to the Columbus Director of Engineering before

construction work begins.



6. No exits or entrances shall be permitted onto or from Fortson Road, except

for security or maintenance personnel. No vehicles for mining activities shall

use any exit or entrance onto or from Fortson Road.

7. Blasting particle velocity shall be limited to the US Bureau of Mines

Standard RI 8507 for all structures, including designated historic structures.



8. If the existing crusher is moved or if a new crusher is installed, such

crusher shall be located in a pit.



9. A 30-foot high berm shall be constructed, planted and maintained by

Petitioner or its successor behind the Getzen House. After planting matures,

said berm shall reach a height of at least 40 feet. Said berm shall be located

in the buffer required by condition number 1.



10. The following uses shall not be permitted on the property subject to

rezoning:

a. Hazardous waste disposal facility.

b. Railroad yard.

c. Sanitary landfill.

d. Utility plant (major, minor or any other type).

e. Junk, salvage, or auto wrecking yard.

f. Recycling collection facility.



City Attorney Fay said Mr. Ford has about a dozen more prohibited uses

that he is willing to propose.



Mayor Poydasheff then asked Mr. Ford if they have the Baptismal Pool to

the Getzen House and if they are planning to return it. Mr. Ford said they are

planning to locate it in the yard of the Getzen House.



Mr. Charles H. Ford, Jr., 7329 Standing Boy Road said he represents the

owners of these properties who are present with him this morning. He said in

the confusion on late Friday afternoon in working through these conditions,

there was one group of restrictions that they agreed to place on one part of

the property, the portion closest to Fortson Road that did not get to the City

Attorney. He said they want to make sure that these are added, because they had

agreed through Councilor Davis that they would be.



He said there are some additional prohibited uses that they would like to

add, that they property won?t be used for, which includes: flea markets,

manufacturing and sale of mobile homes, repair services, vehicle storage and

maintenance, bulk storage flammable and non-flammable, concrete or asphalt

batch plant, construction or storage yard, outdoor storage, heavy

manufacturing, outdoor advertising, airport and truck terminal.



City Attorney Fay then pointed out that we would need an amendment to the

ordinance to include these. Councilor Allen so moved. Seconded by Councilor

Davis and carried unanimously by those ten members of Council present.



Councilor Davis said he believes there is also one thing that needs to be

added to the language, on Condition Number 6, which it says no entrance and

exit shall be permitted onto or from Fortson Road except for security and

maintenance personnel. He said he would like to add the wording, for any

construction or berms.



Mr. Ford said they were agreeable to this wording. Councilor Davis then so

moved. Seconded by Councilor McDaniel.



City Attorney Fay pointed out that the second sentence would read: ?no

vehicles for mining activities or berm construction shall use any entrances or

exits from Fortson Road. The question was then called on the motion, which

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



Mr. Ford then gave a thirty-minute presentation in which he presented a

booklet to the Mayor & Council, which outlined various charts and graphs as it

relates to blasting, air, sound and dust levels, Historic preservation, and

residential property values. He showed a map outlining the proposed property,

which they are requesting to be rezoned. (A copy of the information submitted

by Mr. Ford to the Mayor & Council was filed with the Clerk of Council)



The issues in which Mr. Ford highlighted, he said these are responses to

the concerns that were raised each time they met with the citizens.



Mr. Ford said they are consistent with the Comprehensive Plan and what

they will do will not increase the intensity of the use in the neighborhood

because they are not going to open a second pit and operate two pits at the

same time, but they are simply going to extend the life of what?s already out

there. He said the existing pit would be exhausted; however, there will be a

period of overlapping because you have to get the new pit ready before you

absolutely close the old pit and there is a period of time in which you try to

blend stone between the new pit and the old pit to get the right balance. He

said as an economic matter, you don?t operate two pits at the same time. He

said it won?t increase the truck traffic or the intensity of use, but it will

just increase the length of time that there is a quarry in the neighborhood.

He said it is consistent with the area, as there are asphalt plants, trucking

yards, trucking companies, and crane yards out in that area.



Mr. Ford said he has information about some other issues, but he would

wait until they are raised relating to Heiferhorn Creek, from an environment

and wetland prospective.



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

several questions of the Mayor & Council.



Councilor Anthony requested further information from Mr. Ford as it

relates to data of the blasts that may have exceeded State and Federal

regulations for the year 2004.



Councilor Davis said there has been some concern about preservation of

some of the historic aspect of this area and said he just wanted to make note

that there is support from the Board of Historic & Architectural Review and the

Historic Columbus Foundation. He said Florida Rock has agreed to preserve these

properties and lease land back to a non-profit organization in order to

preserve these properties, as long as they are not subject to restrictions and

also looking to possibly contribute to restoring these properties at the same

time. He also pointed out that Florida Rock has agreed to restore the Baptismal

Pool.

OPPOSITION:



Attorney Robert B. Jackson, IV, Attorney, with the law firm of Stack &

Associate of Atlanta, Georgia representing Dr. Mark and Barbara Fortson

appeared and distributed around the Council table a booklet, which he says

provides information in details of why the Fortson?s are opposing this rezoning.



Mr. Jackson spent approximately forty-five minutes in highlighting various

reasons why this proposed rezoning request should be denied, which includes the

following:



1) Florida Rock?s proposed use is inconsistent with the purpose and intent of

the HMI Zoning District. .



2) The proposed rezoning requests for quarry expansion are inconsistent with

the Columbus Consolidated Government?s Comprehensive Plan

.

3) Contrary to Resolution No. 103-84, Florida Rock?s proposed use is not

consistent with adjacent Harris County Zoning.



4) Contrary to UDO Section 10.2.7(A)(2), Florida Rock?s proposed use is not

suitable in view of the Zoning and Development of adjacent and nearby property.



5) Contrary to UDO Section 10.2.7(A)(8), the proposed use does not reflect a

reasonable balance between the promotion of the public health, safety,

morality, or general welfare and the right to unrestricted use of property.



6) The proposed rezoning requests review procedures followed to date by the

applicant and the governing authority violates State law.



7) Evaluation of the Steinberg Criteria demands denial of the rezoning request.



8) The proposed rezoning requests for the quarry expansion fail to adequately

consider the associated environmental impacts and are inconsistent with the

2004 Comprehensive Plan.



9) Florida Rock has been and continues to operate its Columbus quarry in

violation of its environmental permits and environmental laws.



10) Florida Rock cannot make out a valid taking claim if the rezoning requests

are denied.



11) Approval of the rezoning requests would violate the Fortson?s

constitutional rights and protections.



After Mr. Jackson went into much detail in giving explanations for each of

these reasons, he said the Council?s only appropriate course of action is to

deny the application to rezone all three of these properties.



Several members of the Council expressed their views on many of the

comments made by Mr. Jackson and after Mr. Jackson concluded his presentation,

he then responded to questions of members of the Council.



City Manager Hugley also expounded on several comments expressed by Mr.

Jackson.



The following individuals also appeared and expressed their opposition to

this proposed rezoning ordinance: Ms. Barbara Hail, 4603 Almond Road, Muscogee

County, Mr. Robert George 1110 Country Place, Fortson, GA., Ms. Joanne Delay,

472 Evergreen Drive, Mr. Tom Titus, 1080 South Country Court, Fortson, GA., Mr.

Raymond Jacobs, 3651 Fortson Road.



Regarding the comments of many of those in opposition to this proposed

rezoning ordinance, Councilor Allen said there has been mention of flying

debris on numerous occasions, and said when he and Mr. Ford spoke, that was not

his understanding of the way the blasts occurs. He said it is his understanding

that it is a control blast. He said he would like for Mr. Ford to explain to

him the manner in which a blast occurs. He said in reading the chart that is

included in the section outlined air, it states that there have been a total of

approximately 45 blasts this year.



He said in looking at the chart of blasts, it appears that 33 of them are

higher than the 120 decibel reading which is equivalent to thunder and roughly

12 of them is lower than that. He then asked Mr. Ford, if his client could

produce a blast that is 120 decibel or less. He said Mr. Ford has told us that

his client produces a blast about once a week during the day around lunch hour

and said if we can keep the decibel reading around the level of thunder as

indicated in the chart, it would seem like there would be no harm to the

homes in the area.



Mr. Glenn Spence, with Florida Road Industries and Mr. Ford then responded

to questions of the Council as it relates to the decibel limits of the blasts,

as well as flying rocks.



Mr. Michael Berry of Florida Rock Industries responded to questions of the

Mayor and Council as it relates to truckers entering their Rock Quarry and

making sure they are adhering to and abiding by the law.



Mr. Ford also responded to question of the Council as it relates to dust

coming from the Rock Quarry.



After more than an hour and forty-five minutes of discussion on these

proposed rezoning ordinances, City Attorney Fay then declared this public

hearing has been held. He said there are two amendments to the ordinance and

said all three of these ordinances will be on second reading on January 3,

2006.



Councilor Davis said for all of those residents in this area who have any

questions or concerns as it relates to this matter, he would encourage them to

call him.

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CITY ATTORNEY'S AGENDA CONTINUED:



THE FOLLOWING TWO ZONING ORDINANCES WERE SUBMITTED AND THEIR CAPTIONS READ

BY CITY ATTORNEY FAY

AND ADOPTED BY THE COUNCIL ON SECOND READING:___________



An Ordinance (05-93) ? Rezoning property located on the east side of

Schomburg Road, southeast of the main entrance of Maple Ridge Subdivision

from an SFR1 (Single Family Residential 1) and RE1 (Residential-Estate 1)

Districts to an RO (Residential Office) District. (63-A-05-Alexander)

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

Councilor Allen and carried unanimously by those ten members of Council present

for this meeting.



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An Ordinance (05-94) ? Rezoning property located at 6939 Warm Springs Road

from an SFR1 (Single Family Residential 1) District to SFR2 (Single Family

Residential 2) District. (61-CA-05-George C. Woodruff Co.)

Councilor Suber moved the adoption of the ordinance. Seconded by Mayor Pro Tem

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

this meeting.



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THE FOLLOWING ORDINANCE WAS ALSO SUBMITTED AND ITS

CAPTION READ BY CITY ATTORNEY FAY AND ADOPTED BY THE COUNCIL ON SECOND READING

AFTER SEVERAL MINUTES OF

DISCUSSION:

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An Ordinance (05-95) ? Rezoning property located on the west side of

Gateway Road bordered on the north by Swift Mill from an RE1 (Residential

Estate 1) District, LMI (Light Manufacturing/Industrial) District, and an RO

(Residential-Office) Districts to GC (General Commercial) District.

(39-CA-05-Wolford Development Options, LLC)



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

Councilor McDaniel.



Prior to the vote being called on this motion, members of the Council

expressed their views on this subject and voiced their reasons as to why they

could or could not support this rezoning request.



After members of the Council expressed their views, Councilor Allen asked

City Attorney Fay if the petitioner agrees to add an amendment to this

ordinance, would it be a material change? He said we talked a little bit on

last week about delivery times and restrictions on deliveries. He said he and

Councilor Davis also spoke about it this morning. He said on the southwest side

of the property, he would like to restrict deliveries from 7:00 a.m. ? 10:00

p.m. He said they usually draw it in terms of a prohibition between 10:00 p.m.

? 7:00 a.m.



Councilor Allen said whatever legal wordings need to be put in there that

would be fine.

City Attorney Fay said that wouldn?t be a material change if the

petitioner were agreeable to putting it in the ordinance.



Mr. Scott Williamson, representing Wolford Development said as he and

Councilor Allen had discussed earlier, said that?s not a problem. He said that

amendment would be fine for the zoning ordinance.



Councilor Allen then so moved. Seconded by Councilor Woodson.



Councilor Davis said he wants to make sure that he understands this

amendment, and asked Councilor Allen if what he is saying is that deliveries

can only be made during the day up to 10:00 p.m., at night. He said he is

having a hard time accepting that because he thinks it should be the other way

around. He said he thinks that they should be making deliveries at night. He

said it is his understanding that the Phenix City Wal-Mart Store makes their

delivery at 3:00 a.m.



He said one of the issues that he is concerned with is traffic. He said

you would actually be contributing to the traffic during the day when we are

trying to reduce the traffic. He said he doesn?t think there is a residential

component of where these deliveries are going to be dropped off.



Mr. Williamson said it is his understanding that the concern was for the

residents on the southwest side of the development and trying to limit any

deliveries in the evening. He said that is why it was limited to the southwest

side, which is on the south end next to the apartment complex.



Councilor Allen said there is already a significant buffer there of 240

feet at the widest point and roughly 50 to 75 feet at the narrowest point. He

said the deliveries are across the street from the Wal-mart location and its

not restricting the Wal-Mart location; so, it would be the out parcels that

delivery restrictions would be placed on to protect additionally the residents

that border that side of the development.



Councilor Turner Pugh said if you look at all the noise complaints we have

about deliveries in this community, it has been those deliveries that come

after 12:00 midnight. She said she thought that was addressed in the noise

ordinance that they could only deliver between 7:00 a.m. ? 10:00 p.m.



City Attorney Fay said it is, but it is with respect to certain uses or

noise sources.



Councilor Davis said he is okay with the condition being added, but said

the proposed Super Wal-Mart where the development is going does not back up to

residential properties. He said it backs up to the Bolling Plant; therefore, he

would ask if it wouldn?t be for the Super Wal-mart that we put in a condition

that you limit the deliveries since they are going to be having the majority of

the deliveries there. He said they are the ones that will have the majority of

the deliveries that will be at night.



Councilor Davis said he is talking about the small retail parcel.



Councilor Allen pointed out that Councilor Davis is referring to Wal-Mart

directly as far as adding them to the restrictions; however, it is his

understanding that Wal-Mart deliveries are in the rear of the Wal-mart building

and that backs up to Swift, so there probably would be little effect on

residential areas with that.



Councilor Davis said that is his point, saying residential doesn?t come

into play, but traffic does. He said that is his concern with large trucks

trying to come in during the day.



Discussions continued on the subject matter of the delivering aspect for

Wal-mart for some time after which, Councilor Allen asked a representative from

Wal-mart to respond to the matter of the delivery times.



Ms. Amy Hillman said with the deliveries, there is two different kinds of

delivery trucks, with the smaller vendors, i.e., who delivers the cokes, Pepsi,

Frito lay; those are little trucks that are a little bigger than a full size

van, which actually comes to the front and drops things off during the day.

She said in terms of the bigger trucks that you see on the road that says

Wal-mart on them, they have a scheduled delivery throughout the day and a lot

of that has to do with when you have employees there to unload them and said

there are less people in the store at night than the day.



She said she is not aware of a request before to limit truck delivery just

to the night time and she really don?t know that they are setup to do that. She

said they probably aren?t when you take into account the smaller vendors that

are coming during the day. She said when they have areas where there is a lot

of traffic everyone makes adjustments and the truckers don?t want to be sitting

in 5:00 p.m. traffic, it that happens to be the peak traffic hour. She said

they would figure it out and make adjustments to their schedule as time goes

on.



Ms. Hillman said just because the hearing ends today doesn?t mean that

Wal-Mart is not going to continue to work with the City and if there is a

particular problem with a 6:00 p.m. delivery or something, then that?s

something that we can talk about, if it is something that emerges as a problem

later. She said in terms of a blanket restriction to just receiving delivery in

the night hours, she doesn?t think that she can agree to that because from her

understanding of the way the operations work and taking deliveries throughout

the day and having employees there to unload and process merchandise that it

could be done.



Mayor Poydasheff said the Council?s point primarily is to protect the

people in the surrounding area so that you don?t have late deliveries and early

morning deliveries and wake them up.



Councilor Allen said his motion is restricted only to the out parcel on

the south, not including Wal-Mart.



Ms. Hillman said it?s fine as to the restriction on the southwest part of

the portion, which is the area nearest the residential. She said she thought

that she was answering a question about limiting just Wal-Mart to nighttime.



Councilor Allen said that is what he and Councilor Davis were discussing.

He then asked Ms. Hillman, how are the Wal-Mart deliveries scheduled?

Ms. Hillman said on average they are every 2 ? to 3 hours.



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

there being no additional questions to Councilor Allen?s motion, Mayor

Poydasheff then called the question on the motion, which carried unanimously by

those ten members of Council present for this meeting.



Members of the Council continued to expressed their further views

regarding this proposed rezoning ordinance, after which the question was then

called on the earlier motion of Mayor Pro Tem Rodgers to approve the ordinance,

which carried by a vote of 7 ? 3. Voting for the motion was Councilors Allen,

Anthony, Henderson, McDaniel, Turner Pugh, Woodson and Mayor Pro Tem Rodgers.

Voting against the motion was Councilors Davis, Hunter and Suber.



Mayor Poydasheff said since there has been a lot of talk about Wal-Mart in

particular going to bring in three or four Super Centers, and said he would

think that a slight moratorium should take place until we get the big box

ordinance in place.



He said he thinks that we will be better served if we had the big box

ordinance in place. He said he would like to discuss with Columbus State

University and see if they will do what the former Dean, Mr. Johnson did and

give us a study on these effects; impact. He said he thinks it would be good

for the Council to have a Work Session where they discuss the pro and cons.



Mayor Poydahseff said having heard everything that has been said pros and

cons by the Council members, who have legitimate interests in this, he thinks

for future development that this may be something that we want to consider.



Councilor Suber said he doesn?t understand why this wasn?t brought before

now, because we could have tried to implement everything that the Mayor just

said, because there is still a pending rezoning on the other side of J.R. Allen

Parkway. He said he has been told by a number of people that everything is

contingent on what we do for Wal-mart. He said now to go back and say that we

are going to hold everything until we get the big box ordinance, that?s not

going to hold water.



Councilor Woodson asked City Attorney Fay if we could legally do that?

She said she doesn?t think that we can stop businesses from coming here because

they are big box businesses.



City Attorney Fay said you could possibly do a citywide moratorium on

commercial buildings of a certain size, but said it couldn?t be just limited to

one area and one location. He said with any mortorium like that, you would

want to limit the time to 60, or 90 days.



Mayor Poydasheff said with respect to the big box ordinance, let?s bring

it forward as quickly as possible and disregard the matter on the moratorium.



City Attorney Fay said the Council would have to pass an ordinance with a

specific time limit with respect to a moratorium.



Councilor Davis said he would like to encourage our staff, as we move

forward with this to get back with the State and really go back over and look

at some of these traffic concerns. He said possibly as we go, there may be some

ways to improve some of these areas that he thinks are going to be hang-ups.

He said another concern of his is adequate lighting there at the interchange.

He said right now it is pretty much a dark inter-change and he would think

there needs to be adequate lighting for that area. He said he is hopeful that

the Sate will contribute to the lighting of the area. He said he feels in his

heart that there are going to be some problems to address there.



City Manager Hugley said they will continue to look at those things and

said they have approached the State about the curve out near the Swift Mill as

you approach the light. He said he has heard the Council?s concerns regarding

the lighting and said they have taken note of that and will continue to look at

those issues as we move forward with this particular development.



He said after the presentation they had with the Council a few weeks ago,

they went back and have been re-looking some things and have gotten the

committee back involved with the big box ordinance and they are making the

final adjustments to it and we will bring it back in January.



City Manager Hugley said they have also had some discussion with Columbus

State University and are defining the parameters that we want them to look at

in terms of an impact study. He said they might be able to help us with an

impact study.



Mayor Poydasheff said the ordinance has been adopted, but he fully concurs

with many of the Council members who like him, believes in One Columbus and one

of the ways to see to it that?s accomplished, is to see to it that Columbus

South is developed from the sense of the retail market. He said he would accept

the good faith in Wal-Mart and that they will do exactly what they said they

are going to do.



After more than an hour of discussion on this subject matter, this matter

was

finally concluded. City Attorney Fay said he would get together with Ms.

Hillman and add that amendment on the delivery restrictions.



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BROWN AVENUE BRIDGE:



Councilor Woodson said she would like for City Manager Hugley to provide a

status report on the Brown Avenue Bridge.



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THE FOLLOWING ORDINANCE WAS ALSO SUBMITTED AND EXPLAINED BY CITY ATTORNEY

FAY AND INTRODUCED ON FIRST

READING:________________________________________________________



An Ordinance ? Amending Section 13A-2(4) in order to add two additional

accrediting organizations for schools of massage therapy; and for other

purposes.



*** *** ***

THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY

AND AFTER SOME DISCUSSION WAS DELAYED AT THE REQUEST OF THE COUNCIL:



An Ordinance ? Transferring full time Airport Public Safety Officers from

the General Government Pension Plan to the Public Safety Pension Plan of the

Columbus Consolidated Government.



Councilor Allen asked if we know how many people we are talking about

transferring.



City Manager Hugley said he doesn?t know the exact number, but said it is

a small number. He said there are a few police officers and the Chief, and a

very small Fire Department. He said he would guess that it?s in the

neighborhood of five to six people.



Councilor Suber said he thought that the Airport Commission would be

paying for this, but he has since learned that they will not.



City Manager Hugley said he has now gotten the exact number of those

employees that will be affected by this transfer, which are seven. He said the

cost of placing these employees into our pension plan would be $43,500; and

said that expense would come from the Airport. He said what Mayor Pro Tem

Rodgers is referring to is that at the time of retirement, the City would put

something forward towards that pension.



Mayor Pro Tem Rodgers said we pay the bill. He said if there is five

years left for their retirement under the new 55 ages as opposed to age 65, you

would have a public safety contribution for the next five years and then they

would collect for the rest of their lives out of our pension fund.



Councilor Suber said he thinks that we need to delay this ordinance and do

some further studies on this matter.



City Manager Hugley said Mayor Pro Tem Rodgers? analogy is exactly

correct. He said they would pay into the pension fund at this particular time,

but when one or all of those seven employees reach the retirement age and are

able to retire, the $180 million that we have in our pension fund, their

retirement would then come out of that pension fund.



Mayor Poydasheff said in light of the discussion that has been held here

this morning, he would entertain a motion to delay this matter for thirty days,

Councilor Turner Pugh so moved. Seconded by Councilor Suber and carried

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



City Manager Hugley said since we have delayed this matter, he will

discuss it with the Budget Finance Committee and based on directions from them,

we will decide whether or not we bring it back to the Council or go back to the

Pension Board.



*** *** ***





THE FOLLOWING NINE RESOLUTIONS EXPRESSING APPRECIATION TO THOSE EMPLOYEES

WHO RECENTLY RETIRED FROM THE SERVICES OF THE COLUMBUS CONSOLIDATED GOVERNMENT

WERE SUBMITTED AND THEIR CAPTIONS READ BY MAYOR PRO TEM RODGERS AND ADOPTED BY

THE COUNCIL, UPON THE ADOPTION OF A SINGLE MOTION MADE BY MAYOR PRO TEM RODGERS

AND SECONDED BY COUNCILOR HENDERSON WHICH CARRIED UNANIMOUSLY BY THOSE TEN

MEMBERS OF COUNCIL PRESENT FOR THIS MEETING: _________________________



A Resolution (617-05) ? Expressing appreciation to Mr. Johnny E. Day, upon

his retirement with the Columbus Park Services Department, after 39 years of

service.



A Resolution (618-05) ? Expressing appreciation to Mr. Sherwood Lockhart,

upon his retirement with the Columbus Water Works, after 15 years of service.



A Resolution (619-05) ? Expressing appreciation to Mrs. Florence Armour,

upon her retirement with the Muscogee Manor Rehab Center, after 29 years of

service.



A Resolution (620-05) ? Expressing appreciation to Mrs. Sanae Carter, upon

her retirement with the Columbus Police Department/Support Services, after 5

years of service.



A Resolution (621-05) ? Expressing appreciation to Mrs. Mary P. Jones,

upon her retirement with the Probate Court, after 20 years of service.



A Resolution (622-05) ? Expressing appreciation to Mrs. Elsie M. Wood,

upon her retirement with the Finance/Revenue Division, after 21 years of

service.



A Resolution (623-05) ? Expressing appreciation to Mr. James G.

Cunningham, upon his retirement with the Muscogee County Prison, after 15 years

of service.



A Resolution (624-05) ? Expressing appreciation to Mr. Harley P.

Culbertson, Jr. upon his retirement with the Columbus Public

Services/Facilities Maintenance, after 10 years of service.



A Resolution (625-05) ? Expressing appreciation to Mr. Kerry J. Green upon

his retirement with the Columbus Public Services/Special Enforcement, after 16

years of service.



*** *** ***



THE FOLLOWING FIVE RESOLUTIONS EXPRESSING CONDOLENCES TO THE FAMILY OF THOSE

FORMER EMPLOYEES OF THE COLUMBUS CONSOLIDATED GOVERNMENT WHO RECENTLY PASSED

AWAY WERE SUBMITTED AND THEIR CAPTIONS READ BY MAYOR PRO TEM RODGERS AND

ADOPTED BY THE COUNCIL, UPON THE ADOPTION OF A SINGLE MOTION MADE BY MAYOR PRO

TEM RODGERS AND SECONDED BY COUNCILOR MCDANIELWHICH CARRIED UNANIMOUSLY BY

THOSE TEN MEMBERS OF COUNCIL PRESENT FOR THIS MEEITNG: ___________



A Resolution (626-05) ? Conveying condolences to the family of Mrs. Emily

J. Murk, former employee with the Columbus Police Department, who passed away

on August 12, 2005.



A Resolution (627-05) ? Conveying condolences to the family of Ms. Murmue

Clagett, former employee with the Muscogee Manor Rehab Center, who passed away

on October 29, 2005.



A Resolution (628-05) ? Conveying condolences to the family of Mr. Willie

L. Simmons, former employee with the Columbus Parks & Recreation Department,

who passed away on September 3, 2005.



A Resolution (629-05) ? Conveying condolences to the family of Mr. Victor

F. Schmidt, former employee with the Columbus Fire & EMS Department, who passed

away on November 19, 2005.



A Resolution (630-05) ? Conveying condolences to the family of Mrs. Martha

Nell Parker, former employee with the Tax Commissioner Department, who passed

away on November 22, 2005.



*** *** ***



RESOLUTION FOR WAYMON BROOKS:



Councilor McDaniel said he would like for City Attorney Fay to prepare a

resolution expressing the Council?s appreciation to Mr. Waymon Brooks upon his

retirement after 56 years in the radio industry.

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

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

PUBLIC AGENDA



MR. ASA HUBBARD, RE: DEMOLITION OF PROPERTY LOCATED AT 2704 KING

STREET:____________________________________________



Mr. Asa Hubbard said he has brought the information that Ms. Wiggins has

requested and said he thinks that it should be acceptable today. He said he

contacted Ms. Wiggins on the telephone this week and she said that she wasn?t

interested in it at the time.



City Manager Hugley said he left the Council meeting early on last week

and said it was his understanding that we had closed this particular issue out;

therefore, we directed the staff to move forward with the demolition.



He said unless something has changed or will change, he has directed the staff

to move forward with passing this particular project on to the demolition

company and that is where we stand at this particular time.



Mayor Pro Tem Rodgers said he agrees with that 100%. He said to take any

action at this point in favor of Mr. Hubbard would set an awfully dangerous

precedent.



Councilor Hunter said Mr. Hubbard has come all the way from Chicago; so,

at least let him tell us what he brought with him, at a minimum. He said the

Council can do what it wants, but at least let him tell us what he brought.



Mr. Asa Hubbard apologized for not making the meeting on last week and the

week prior to that, but said he was very sick. He said he was in the hospital.

He said he has been in four hospitals and had a case of Mercer. He said it is

not contagious and he is safe to be around the public, but said it is very,

very serious. He said it?s a staph infection.



He said he has for Ms. Wiggins, the information that was requested. He

said the general contractor, Mr. Parker, did get his business license in

Columbus as requested. He said he has several sources of funding that is

available and said the bank even wrote another letter concerning the funding.

He said the funding is there to do the completion of the work. He said he has

several other backup accounts and several other people in the family who is

contributing to the fund. He said there is no doubt that this money is there.



After Mr. Hubbard provided this information to the Council, he then

responded to several questions of members of the Council.



Councilor Hunter said he knows that on last week we took a vote and

Mr. Hubbard wasn?t here because he was in Chicago recuperating and he had his

nephew here in his stead. He said today, he would again ask the Council to

allow him to at least present his documentation to the City. He said the staff

can come back and tell us that their recommendation is to continue on the path

that we are on and demolish the property or they can say it looks like he has

something tangible here, but at a minimum, he would ask that he be allowed to

present it to the City and let them take a look at it and then so moved.

Seconded by Councilor McDaniel.



Councilor Suber said Councilor Hunter asked the question of Mr. Hubbard,

how much would it costs to bring the property back up to Code. He said he

received a fax on yesterday from an individual that Mr. Hubbard asked to do an

assessment of the property and Mr. Hubbard is estimating that it would cost

$20,000, but the individual told him it would cost $73,000; so, Mr. Hubbard is

a long way short of that amount.



He said the staff, Councilor Woodson, the Mayor and a number of people

asked Mr. Hubbard the previous time that he was here to bring back an itemized

statement on how much it would cost to bring the house up to Code and as of

this date, we still don?t have that. He said he thinks we need to follow

procedures here and let this lie as it has, and then we won?t have to worry

about it anymore.



Councilor Anthony said in the documents that Mr. Hubbard provided,

Neighbor Works said it would cost $74,580.00 to bring it up to Code.



Councilor Allen said he understands what Councilor Hunter is asking for

and that we just allow the staff to meet with Mr. Hubbard and determine what he

has and he doesn?t think that the Council needs to vote on that. He said we

could just let Mr. Hubbard can meet with the staff and let them work it out; we

have already taken a position on this matter.



Councilor Hunter said at a minimum that is what he would ask. He said this

man has been ill, seriously ill. He said he would have been here last week, but

for his illness. He said out of decency at a minimum; let him show what he has.



Mayor Poydasheff said we don?t need a motion and that is perfectly all

right with him.



Councilor Allen said his concerns are the numbers that Mr. Hubbard is

throwing out, as Councilor Suber has said, is his estimate of what it is. He

said no one has gotten with the staff on what criteria he has to follow to get

that house up to Code.



Councilor Hunter then withdrew his motion.



After more than thirty minutes of discussion on this matter, with Mayor

Poydasheff and members of the Council, as well as City Manager Hugley

expressing their further views on this matter, and Mr. Hubbard responding to

those concerns expressed by the Council, this matter was finally concluded with

no further action being taken on this matter.



*** *** ***



MR. JERRY CLARK, RE: RESPONSES TO THE QUESTIONS PRESENTED REGARDING THE

NOISE ORDINANCE:___ _____________



Before Mr. Clark made any presentation before the Council, Councilor Suber

said he thinks it is important to know why Mr. Clark is here. He said he came

back because we asked him to and the City Manager has already given us

background on this matter; therefore, he would ask City Manager Hugley to tell

Mr. Clark what he needs to tell him, and he thinks that will resolve this

issue.



City Manager Hugley said he knows that Mr. Clark is here because of an

issue that dates back to 2002 relating to his complaints of Pratt & Whitney

exceeding the noise limits that are allowed under the noise ordinance. He said

at the last Council Meeting there were some concerns that we had not responded

to some questions that he brought to us in August of this year. He said he has

some answers to some questions that he has asked. He said the responses to the

questions that he is going to provide to Mr. Clark have not changed since 2002.



He said as he looked back through the files dealing back with former City

Manager Carmen Cavezza there is a file of repeated correspondences between Mr.

Clark and former City Manager Carmen Cavezza and the Columbus Police

Department.



City Manager Hugley then spent some fifteen minutes in stating those

responses that was previously made to Mr. Clark by former City Manager Carmen

Cavezza, as well as former Police Chief Willie Dozier.



After he gave those responses to the questions, he pointed out that these

were answers to the initial questions that were submitted by Mr. Clark;

however, he has come back time and time again with questions and to his

knowledge, they have responded to Mr. Clark. He said he would provide Mr. Clark

with another copy of those responses from former City Manager Cavezza and

others regarding this particular property.



He said Mr. Clark just gave an address of 4206 Timbalier Drive, so he is

assuming that Mr. Clark has sold that particular property. He said in his

research he has not determined that other residents in and around the area have

had complaints that are documented with us regarding Pratt & Whitney exceeding

the noise ordinance. He said if he has sold the property, he is trying to

understand the repeated letters or visits here at the Council meeting. He said

he really would like to know what Mr. Clark is looking for.



Mayor Poydasheff then asked Mr. Clark what does he want?



Mr. Clark said he would like to be paid for his home, the money that he

lost.

He said he lost $94,000 on his home.



Mayor Poydasheff then asked Mr. Clark, what evidence does he have that he

lost this $94,000.



After City Manager Hugley concluded his comments regarding this matter,

Mr. Clark said the majority of what Mr. Hugley has stated is incorrect and said

he would like to have a written copy of those answers so that he can come back

to respond to them once he has had an opportunity to put all his information

together.



Mr. Clark said he has requested an appointment with City Manager Hugley,

but has not been given one. He said he started with his secretary and then went

to his appointment secretary.



City Manager Hugley said if anyone denies a person an opportunity to visit

with him, who makes a request in his office, they would not work for him.



Mr. Clark said he has the names of those individuals.



Mayor Poydasheff said after this meeting, he would ask Mr. Clark to talk

with the City Manager and said we will get to the bottom of this, and provide

you with the answers to your questions.



Mr. Clark said he has not gotten the answers to those nine questions here

today. He said he has not received hardly any correspondences from anybody in

the City. He said he sent a lot of correspondences, but the only thing he

received from Mr. Cavezza was a card saying that he was contacting Pratt &

Whitney and they were looking at the status of their report.



Mayor Poydasheff said he would get everything that we have in writing.



Councilor Henderson said since he was one of the persons asking for some

kind of response to this, he has since talked to some members of our City

Government, including Public Safety and they have all stated that they have

answered Mr. Clark?s questions that have come up. He said he is looking at

copies of some of the correspondences that have been resent, so what he thinks

that we should do at this point, is to resend the copies that we have and as

far as this body is concerned, he thinks that answers all the questions.



He said as he stated on last week, his feeling is that you either have

received or will receive answers, but you may not like the answers to the

questions that you are getting. He said if in fact, as evidenced that you have

been receiving some of the answers, he resent you coming here and trying to

cast aspersions on some of the people that work for City Government, that they

have not followed up on their job.



Mayor Poydahseff said make sure that we give copies of all this

information to Mr. Clark.

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

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

CITY MANAGER?S AGENDA:



THE FOLLOWING SEVEN 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 TURNER PUGH AND SECONDED BY COUNCILOR ALLEN, WHICH

CARRIED UNANIMOUSLY BY THOSE EIGHT MEMBERS OF COUNCIL PRESENT AT THE TIME, WITH

COUNCILORS DAVIS AND SUBER BEING ABSENT FOR THIS VOTE: _



A Resolution (631-05) ? Declaring 46 Apollo Drive a/k/a Tax Map # 089 007

002 as surplus and authorize to advertise and sell said property in accordance

with Section 7-501 of the City Code.



A Resolution (632-05) ? Declaring 0.55 acres of property (a narrow tract

of land identified as "Parcel C") on Warm Springs Road that the railroad

abandoned to the City as surplus and authorize to advertise and sell said

property in accordance with Section 7-501 of the City Code.



A Resolution (633-05) ? Declaring 5.085 +/- acres of property identified

as 3060 Macon Road (theatre behind the Columbus Library) as surplus and

authorizes the sell of said property.



A Resolution (634-05) ? Amending the warranty deed to convey the

maintenance of 0.237+/- acres of the park located on Parcel "300? near Bay

Avenue, Front Avenue and being part of Water Lots 27, 28 and 29 to the W. C.

Bradley Company.



A Resolution (635-05) ? Authorizing the execution of a deed to Mark

Alexander Building contractor for a 20 ft. water main easement across the City

right-of-way, to connect the existing water meter located at 7777 Schomburg

Road to future Phase II of Fairway View Apartments located across the street.



A Resolution (636-05) ? Authorizing and accepting responsibility as

Pass-Through Agency for a Special Project Local Assistance Grant approved by

the Georgia State Assembly for Port Columbus Civil War Naval Museum in the

amount of $30,000.00.



A Resolution (637-05) ? Requesting that the local Legislative Delegation

mandate funds collected for waste tire removal are placed in the Hazardous

Waste Fund and Solid Waste Fund.



A Resolution (638-05) ? Requesting that the Local Legislative Delegation

introduce and/or support legislation that will fund the Greenspace Program.



A Resolution (639-05) ? Requesting that the Local Legislative Delegation

introduce and/or support legislation to eliminate the requirements that Clerk?s

Offices provide a paper index for documents that are filed and indexed on

computer if they provide computers for public access.



A Resolution (640-05) ? Requesting that the Local Legislative Delegation

introduce and/or support legislation to increase transportation funding for

Local Area Road Projects (LARP) and for county contracts.



A Resolution (641-05) ? Requesting that the Local Legislative Delegation

oppose legislation that limits existing Authority for Eminent Domain.



A Resolution (642-05) ? Requesting that the Local Legislative Delegation

oppose legislation that expands the definition of Inverse Condemnation.



A Resolution (643-05) ? Requesting that the Local Legislative Delegation

oppose legislation on Zoning Appeals to give landowners a right of direct

appeal in all zoning decisions adverse to the property owner.



A Resolution (644-05) ? Requesting that the Local Legislative Delegation

introduce and/ or support legislation to authorize a Comprehensive Regional or

Statewide Water Management Plan.



A Resolution (645-05) ? Requesting that the Local Legislative Delegation

Introduce and/or support legislation to increase 911 fees from $1.50 to $2.50

for telephone landlines.



A Resolution (646-05) ? Requesting that the Local Legislative Delegation

introduce and/or support legislation for a change in technology for wireless

phones in order to capture cost of prepaid phones.



A Resolution (647-05) ? Requesting that the Local Legislative Delegation

introduce and/or support legislation to allocate full funding for the Public

Defender?s Program.



A Resolution (648-05) ? Requesting that the Local Legislative Delegation

introduces legislation to authorize State funding for the expansion of the

Columbus Convention & Trade Center.



A Resolution (649-05) ? Requesting that the Local Legislative Delegation

introduce and/ or support legislation to continue funding for the Family

Coalition.



A Resolution (650-05) ? Requesting that the Local Legislative Delegation

introduce/support legislation that would continue funding for the University of

Georgia Cooperative Extension Service and its County Delivery System.



A Resolution (651-05) ? Requesting that the Local Legislative Delegation

oppose proposed changes in Grant-in-Aid (GIA) funding to local Health

Department.



A.Resolution (652-05) ? Requesting that the Local Legislative Delegation

introduce and/or support legislation to fund the Juvenile Drug Court Program.



*** *** ***

THE FOLLOWING SEVEN PURCHASING 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 TURNER PUGH AND SECONDED BY COUNCILOR ALLEN,

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

TIME, WITH COUNCILORS DAVIS AND SUBER BEING ABSENT FOR THIS VOTE:

_________________________________



A Resolution (653-05) ? Amending Resolution Number 502-05, to change the

name of the awarded vendor to COPACO. On November 1, 2005, Council approved the

agenda item awarding the contract to COPACO, which authorized the purchase of

paper products and related supplies for the Civic Center. However, due to a

typographical error, the awarded vendor on the resolution was listed as

Unisource. All other information on the resolution was correct.



A Resolution (654-05) ? Authorizing the purchase of four (4) commercial

cutaway vans from Freeway Ford in the amount of $119,772.00. The vans are

replacement units for the Street Improvements and Right-of-Way Divisions, of

the Public Services Department, and will be used to transport inmates and

equipment to and from work sites.



A Resolution (655-05) ? Authorizing the execution of a contract with

EnerGov

Solutions, LLC, to provide business licensing and occupational tax software.

The Revenue Division of the Finance Department is responsible for the issuance

and annual renewal of Business and Alcohol Licenses for all businesses located

in Muscogee County. The Division also assigns, calculates, bills, collects, and

applies all annual businesses occupational taxes due to the Columbus

Consolidated Government. The present business database consists of 7,300

accounts. EnerGov Solutions, LLC, will provide user-friendly software for

business licensing and occupational tax processing. The objective is to

improve the quality and timeliness of the licensing and taxing processes to

benefit local businesses and the Columbus Consolidated Government. At the same

time it will maintain the integrity, quality, and probity of the Columbus

Consolidated Government?s licensing services.



A Resolution (656-05) ? Authorizing the execution of Change Order No. 3 for

additional construction services for the Regional Detention Pond and Wetland

Mitigation with McMath-Turner Construction Company in the amount of

$44,920.00. Resolution No. 4-04 authorized the execution of the contract with

McMath-Turner Construction Company. A damaged section of an existing earthen

dyke surrounding a large stomwater retention lake, located adjacent to

Schatulga Road, must be repaired. The heavy rains experienced during the

summer damaged the earthen berm that was earlier constructed as a major project

by McMath-Turner Construction Company for the City. A portion of the

embankment eroded during the rains and requires correction in order to protect

it from further damage. In addition, the damage occurred near a bridge on

Schatulga Road and now jeopardizes the bridge piers. The Engineering

Department is recommending the repair work be performed by McMath-Turner

because the vendor is most familiar with the area and the construction

procedures required for this work. Upon completion of the repairs, the City?s

project engineers will address corrective measures in order to devise a means

of prohibiting any further occurrences.



A Resolution (657-05) ? Authorizing the execution of Change Order No. 1

for additional construction services for pipe repair work on Dorsey Drive, with

Kam, Inc., in the amount of $30,605.00. Resolution No. 370-05 authorized the

execution of the contract with Kam, Inc., to perform emergency pipe repair work

on Dorsey Drive. Once on site, the Department of Engineering determined

additional services were necessary in order to complete the work as required.

The Original contract amount was $ 46,500.00 and with Change Order No. 1 being

$30,605.00, and the new contract amount is $ 77,105.00.



A Resolution (658-05) ? Authorizing the purchase of Triage Tracking

Enterprise Edition Software from Disaster Management Solutions (Torrance, CA),

in the amount of $22,995.00.



The triage tracking software is an extension of the triage-tracking units

that were purchased earlier this year, via Resolution #170-05. The software

will allow area hospitals and other medical facilities to obtain and share

patient information via a secure Internet database. When patient information

is transmitted from an emergency situation, via the triage system, authorized

agencies can view and update the information. The purchase of the triage

tracking software is made possible through a mutual aid agreement between the

Columbus Metropolitan Medical Response Program (MMRS) and Columbus Consolidated

Government?s Fire/EMS Department. MMRS has presented a check to the City in

the amount of $22,995.00 to cover the cost of the software.



The software will be purchased from Disaster Management Solutions in order

to be compatible with the triage tracking devices purchased earlier this year.

Therefore, the vendor is considered an only known source for this purchase.



A Resolution (659-05) ? Authorizing the purchase of 900 trees from Thom?s

Trees and Plants, Inc., in the amount of $73,712.00. The trees will be planted

on various right-of-ways throughout the City and will be used as new plantings

and replacements for trees damaged or killed due to weather conditions.



*** *** ***



BUNKER HILL ROAD:



Councilor Turner Pugh said out in the Yorktown area near Bunker Hill Road

near where former State Representative Maretta Taylor lives, where there is a

new subdivision being developed behind her house, let?s have the staff to make

sure the tree ordinance is being adhered to in that new development. Also,

find out if there was a lake behind this area and if that lake has been covered

in, and if so, what would be the impact of that lake being filled in.

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

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

CLERK OF COUNCIL'S AGENDA:



THE FOLLOWING ITEMS WERE SUBMITTED BY CLERK OF

COUNCIL WASHINGTON AS INFORMATION FOR THE MAYOR AND COUNCIL:

____________________________________________



(1) Memorandum from Clerk of Council Washington, Re: Airport Commission.



(2) Memorandum from GMA, Re: Procedure for Filling GMA District Officer

Vacancies.



(3) Memorandum from City Attorney Fay, Re: Georgia Ethics in Government Act.



(4) Biographical Sketch of Ms. Leigh Stewart, Councilor McDaniel?s nominee for

the District Eight position on the Community Development Advisory Council.



(5) Biographical Sketch of Mr. Steven D?Ostroph, Councilor Henderson?s nominee

for the At-Large position on the Community Development Advisory Council.



(6) Biographical Sketch of Mr. Joseph Gosha, Councilor McDaniel?s nominee to

replace Mr. Ralph Huling on the West Central Georgia MH/DD/AD Planning Board.



*** *** ***



MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED

BY CLERK OF COUNCIL WASHINGTON AND OFFICIALLY

RECEIVED BY THE

COUNCIL:__





Board of Tax Assessors, No. 48-05.

Cooperative Extension Advisory Board, December 13, 2005.

Family & Children Services, December 7, 2005.

Uptown Fa?ade Board, November 21, 2005.



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

Councilor Woodson and carried unanimously by those eight members of Council

present at the time, with Councilors Davis and Suber being absent for this

vote.



*** *** ***



THE FOLLOWING FIVE NEW ZONING PETITIONS WERE

SUBMITTED BY CLERK OF COUNCIL WASHINGTON AND AN

ORDINANCE AND PUBLIC HEARING WAS CALLED FOR ON EACH BY MAYOR PRO TEM RODGERS:

__________________________________



Petition submitted by David Cummings to rezone approximately 0.46 acre of

property located at 7601 River Road from RE1 (Residential-Estate 1) to GC

(General Commercial). (65-A-05-Cummings)



Petition submitted by Cathy Thomas to rezone approximately 5.01 acres of

property located at 2300 Martin Luther King, Jr. Boulevard from LMI (Light

Manufacturing/Industrial) to GC (General Commercial). (66-A-05-Thomas)



Petition submitted by Ann Hardman to rezone approximately 19.52 acres of

property located at 1600 Blanchard Boulevard from LMI (Light

Manufacturing/Industrial) to GC (General Commercial). (67-A-05-Hardman)



Petition submitted by Cummings Group, LLC to rezone approximately 5.625

acres of property located at 8050 Whitesville Road from SFR2 (Single Family

Residential 2) to SFR4 (Single Family Residential 4). (68-CA-05-Cummings

Group, LLC)



Petition submitted by Sam Hewitt, Jr. to rezone approximately 8.44 acres

of property located at 5521 & 5533 Holland Drive from SFR1 (Single Family

Residential 1) to SFR2 (Single Family Residential 2). (69-CA-05-Hewitt)



*** *** ***



BOARD APPOINTMENTS:



ANIMAL CONTROL ADVISORY BOARD:



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

Charles Clark expired on October 15, 2005 and that he is not eligible to

succeed himself and that the Council must nominate someone to succeed him. She

said Mr. Charles Clark serves in an at-large seat.



*** *** ***



COMMUNITY DEVELOPMENT ADVISORY COUNCIL:



Clerk of Council Washington pointed out that Councilor McDaniel has

nominated Ms. Leigh Stewart for his Council District 8 representative and

Councilor Henderson has nominated Mr. Steven D?Ostroph for his Council District

10- At-large seat and that they may now be confirmed. Councilor Woodson so

moved. Seconded by Mayor Pro Tem Rodgers and carried unanimously by those eight

members of Council present at the time, with Councilors Davis and Suber being

absent for this vote.



She said we still need someone for Mr. James S. Wilson, Council District

Five representative.



*** *** ***



COOPERATIVE EXTENSION ADVISORY BOARD:



Clerk of Council Washington said the term of office of Ms. Joan Cheves on

the Cooperative Extension Advisory Board will expire on December 31, 2005 and

that she is eligible to succeed herself. Councilor Woodson nominated Ms.

Cheves for another term of office.



*** *** ***

HOSPITAL AUTHORITY:



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

Mr. Thomas Gurr, Ms. Emma Hunter and Mr. Seth Harp on the Hospital Authority

expired on November 11, 2005. She said Mr. Thomas Gurr is eligible to succeed

himself, but Ms. Hunter and Mr. Harp are not eligible to succeed themselves.

She said the Council must nominate three individuals from which the Authority

will select someone to fill these positions.



*** *** ***



HOUSING AUTHORITY:



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

Ruhnell Bankston, who serves as the resident member on this board, expired on

November 16, 2005 and that she is eligible to succeed herself. She said this

is the Mayor ?s appointment.



Mayor Poydasheff said he would need to discuss this matter with Mr. Len

Williams of the Housing Authority and will make a recommendation at a later

time.



*** *** ***



MEDICAL CENTER HOSPITAL AUTHORITY:



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

David McMicken on the Medical Center Hospital Authority will expire on December

31, 2005 and that he is eligible to succeed himself. She said the Council must

nominate three individuals from which the Authority will select someone to fill

this position. Mayor Pro Tem Rodgers nominated Mr. McMicken for another term

of office.



*** *** ***



PERSONNEL REVIEW BOARD:



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

Williams on the Personnel Review Board will expire on December 31, 2005 and

that he is eligible to succeed himself.



*** *** ***



RECREATION ADVISORY BOARD:



Clerk of Council Washington outlined the following positions that will be

expiring on December 31, 2005, Terrell Aldridge, eligible to succeed himself

Council District Four, John Coleman, eligible to succeed himself, Council

District Two, Jenny Holder, eligible to succeed herself, Council District

Eight, Bradley Ogletree, eligible to succeed himself, Council District One,

Willie Phillips, eligible to succeed himself, Council District Seven.



Councilor Woodson nominated Mr. Willie Phillips for another term of

office.



*** *** ***

WEST CENTRAL GEORGIA MH/DD/AD PLANNING BOARD:



Clerk of Council Washington pointed out that Ralph Huling has resigned

from the board and we need to nominate someone else to succeed him.

*** *** ***



BOARD APPOINTMENTS:



Councilor Turner Pugh said one of the things that we found out recently

was that in order to serve on boards and commissions in Muscogee County, you

have to be a resident in Muscogee County, as well as a registered voter;

therefore when we make nominations of individuals we need to make sure they are

registered voters, as well as a resident of Muscogee County. She said this

question needs to be a part of the biographical sketch form. She said in the

event it is not answered, we need to make sure that all individuals on all

boards and commissions are checked to make sure they are Muscogee County

residents and registered voters, the Clerk of Council needs to let us know.



Clerk of Council Washington pointed out that she has now included those

questions on the form. She said a list of the board members have been provided

to the Board of Elections & Registrations Division and they are checking all of

those members for us.

*** *** ***



PUBLIC SAFETY ADVISORY COUNCIL:



Clerk of Council Washington pointed out the term of office of Mr. Greg

Camp on the Public Safety Advisory Council expired on October 31, 2005, but he

is eligible to succeed himself and this is the Mayor?s appointment.



Mayor Poydasheff nominated Mr. Camp for another term of office. Clerk of

Council Washington pointed out that he may now be confirmed. Mayor Pro Tem

Rodgers so moved. Seconded by Councilor Allen and carried unanimously by those

ten members of Council present for this meeting.



*** *** ***



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

Poydasheff then asked if there was anyone who had an issue to bring before the

Council, they could be heard at this time. No one indicated that they wanted

to be heard.

*** *** ***



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

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

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

with the time being 1:28 p.m.







Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia



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