MINUTES
COUNCIL OF COLUMBUS, GEORGIA
WORK SESSION
NOVEMBER 28, 2006
The regular monthly Work Session of the Council of Columbus, Georgia was
called to order at 9:05 A.M., Tuesday, November 28, 2006, on the Plaza Level of
the Government Center, Columbus, Georgia. Honorable Robert S. Poydasheff,
Mayor, and Honorable C. D. McDaniel, Senior Councilor, presiding.
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PRESENT: Present other than were Councilors, Wayne Anthony, Glenn Davis, Berry
H. Henderson, Julius H. Hunter, Jr., Charles E. McDaniel, Jr., Evelyn Turner
Pugh Nathan Suber and Evelyn Woodson. City Manager 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.
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ABSENT: Mayor Pro Tem Rodgers and Councilor R. Gary Allen was absent, but was
officially excused upon the adoption of Resolution Number 27-06.
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INVOCATION: Offered by Councilor Wayne Anthony.
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PROCLAMATION:
?WORLD AIDS DAY?:
With Mr. Ed Saidla and Ms. Cheryl Johnson, Public Info Officer, Columbus
Department of Health standing at the Council table, Councilor Suber read the
proclamation of Mayor Poydasheff proclaiming December 1, 2006 as ?World Aids
Day? in Columbus, Georgia.
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CONSENT AGENDA:
THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY
AND ADOPTED BY THE COUNCIL: _________
A Resolution (514-06) ? Authorizing the acceptance of a deed to Sandy Oak
Drive and Crestline Drive located in Seventh Addition to Roosevelt Heights.
Councilor Suber moved the adoption of the resolution. Seconded by Councilor
Anthony and carried unanimously by those eight members of Council present for
this meeting.
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THE FOLLOWING ZONING PETITION WAS SUBMITTED AND AN ORDINANCE AND PUBLIC
HEARING WAS CALLED FOR BY COUNCILOR MCDANIEL:__
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Petition submitted by the Planning Department to amend the text of the
Unified Development Ordinance to renew the Resource Conservation chapter
(Chapter 6). Chapter 6 has a sunshine clause, which states that the chapter
shall be deleted from the UDO on January 1, 2007. The Planning Department
requests that the chapter be extended indefinitely, thus eliminating any
sunshine clauses. (Recommended for approval by both the Planning Advisory
Commission and the Planning Department.) (73-A-06-Planning Dept.)
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EXECUTIVE SESSION:
City Attorney Fay said we will need to have an executive session after the
adjournment of this meeting to discuss some litigation matters.
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THE FOLLOWING TWO ADD-ON RESOLUTIONS WERE SUBMITTED AND APPROVED BY THE
COUNCIL PURSUANT TO THE ADOPTION OF A SINGLE MOTION MADE BY COUNCILOR HENDERSON
AND SECONDED BY COUNCILOR SUBER, WHICH CARRIED UNANIMOUSLY BY THOSE EIGHT
MEMBERS OF COUNCIL PRESENT FOR THIS MEETING:_______________
A Resolution (515-06) ? Excusing Mayor Pro Tem John J. Rodgers from the
November 28, 2006 Council Meeting.
A Resolution (516-06) ? excusing Councilor R. Gary Allen from the November
28, 2006 Coun
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UDO CHANGES:
Councilor Henderson said he would ask the City Manager to have the
Planning Division staff to explain the change in the UDO where it talks about
living sunset clauses. He said he wants to make sure that we all understand.
(See below for additional information on this subject)
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SIGN ORDINANCE:
Councilor Woodson said she would like for the City Attorney to bring back
the Sign ordinance to a Council Work session for discussion, as she would like
to propose an amendment to state that once a business goes out of business and
vacate the premises; they must also take down their sign. She said while
driving down Victory Drive she has seen so many businesses that have closed,
but their signs are still there. She said it doesn?t make the community
appealing. She said she would like to have the ordinance amended whereby once
a business vacates a building that the sign must also come down. She said the
next business that goes into that building isn?t going to use that same sign.
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SUNSET CLAUSE:
As it relates to the concern of Councilor Henderson of the sunset clause
of the Unified Development Ordinance, Mr. Rick Jones came forward to address
this matter. He said when they first adopted the Unified Development Ordinance
almost two years ago there was a provision put in the ordinance dealing with
conservation subdivisions that said by January 1, 2007 that provision would
expire or go away.
He said the conservation subdivision idea is one that requires and asks
developers to look at the overall lay of the land itself and incorporate those
type of uses, particularly dealing with wetlands and other environmental issues
and build them into the subdivision itself without destroying that and at the
same time giving them credit for that.
Mr. Jones said there was some concerns as to whether or not that would
work back in 2005 or not. He said it is just another tool in their box from
dealing with the UDO itself in terms of making good development decisions. He
said they have recently talked with a developer that has some issues with
wetlands out in the east part of the County; whereby he was going to go in and
develop a traditional subdivision; however, we asked him to look at the
provisions of the UDO itself and see if the conservation subdivision would
work. He said it allows him to cluster lots, as well as at the same time to get
credits for the wetlands. He said he may have some actual impact on.
He said without this extension for the provision set for the conservation
subdivision, those provisions will go away as of January. He said they are
trying to make sure that they don?t.
Mr. Jones said the gentleman who was in opposition of the conservation
subdivision and asked that this provision be put in, we have talked with him
and he is now in agreement that the conservation subdivision should stay on as
another tool, and this is the reason that they are asking for this extension to
allow us to go on with the idea of the conservation subdivisions.
City Manager Hugley said the UDO Dumpster presentation was delayed. He
said they have notified all the stakeholders and interested parties; therefore,
if there is any present here this morning waiting for that presentation, it
will be scheduled for January.
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COUNCIL MEETINGS:
City Manager Hugley said he need some directions regarding how we want to
proceed with Council meetings as Christmas day this year falls on Monday and
December 26 the day after Christmas would be a Council meeting day; and then
January 2 is a Council meeting day after New Year?s day.
Councilor McDaniel said there is going to be a lot people traveling and
out of town and said we probably need to cancel both meetings.
City Manager Hugley said the Mayor-elect is scheduled to be sworn in on
Tuesday, January 2nd at 12:00 noon. He said he doesn?t know how far they have
moved with his plans.
Councilor McDaniel then made a motion that we cancel both the December 26,
2006 Council meeting and the January 2, 2007 Council meeting. Seconded by
Councilor Turner Pugh and carried unanimously by those eight members of Council
present for this meeting.
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FIRE DEPARTMENT HIRING PROCESS:
Councilor Woodson said it was brought to her attention by three people
and she received a telephone call from a Senator regarding the hiring process
of the Fire Department. She said there was an individual, who is bi-lingual
and has passed all of the tests required and wasn?t hired, but yet they are
going through the process of teaching Spanish at the Fire Department. She she
would like for the Chief of the Fire Department to bring those hiring processes
before us, as well as to see what has occurred with this individual.
City Manager Hugley said he will talk with the Chief and have him to
outline the procedure and provide that information to you. He said he can say
that he received a telephone call on last night from someone in that department
questioning the procedures as an employee.
Councilor Woodson said she didn?t ask the individual if she could mention
his name or the people that called her; therefore, she is going to need to call
him back and then she would have a name and telephone number for you.
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WORKSESSION AGENDA:
MULTI-PURPOSE THEATER ? THE BRADLEY THEATER:
City Manager Hugley said he is going to defer to the City Attorney to
allow him to tell you what the ordinance says regarding the multi-purpose
theater. He said we have Mr. Devaraj Thiruppathi, the owner of the Bradley
Theater present here this morning who wants to makes some remarks regarding
this subject.
City Attorney Fay said this ordinance was adopted in 1995. He said in this
category you had to have at least a 750-person seating capacity for special
events, live entertainment, weddings, etc. He said the 600-foot rule prohibits
bars from locating within 600-feet of each other does not apply to a
multi-purpose theatre. Also, if you look at Section 2 of the ordinance, you can
see that minors are not prohibited from going into restaurants, clubs,
riverboats or multi-purpose theatres. He said that doesn?t change the State
law, which prohibits selling alcohol to minors or minors being in possession;
those are still in effect. He said there was some discussion from some
citizens, not a whole lot, but said it has been there since 1995. He then
asked if anyone had any questions on the ordinance.
Councilor Turner Pugh said when we had the original discussion on this
ordinance; it was so that the Bradley would be able to have receptions, wedding
and different functions like that, but not to be a nightclub.
City Attorney Fay said that is correct.
Councilor Turner Pugh said from what she understands, it?s being used more
as a nightclub per se? with all of the problems that are happening down there,
than what we intended for the ordinance to be.
City Attorney Fay said it is not a nightclub; this is a separate category
and that was not the intent to be any kind of nightclub use. He said if minors
are being provided alcohol, and sells to minors; things like that, than those
are enforcement issues that need to be dealt with.
Mayor Poydasheff said he knows that the Springer has used before the
Bradley and there will be an upcoming event by the Friends of Lonnie Jackson
for an event there.
City Manager Hugley said the owner is present here in the audience and
said that maybe he can answer some of those questions when he address the
Council.
Councilor Woodson said she is the district representative in that area and
said that she has received numerous telephone calls. She said she had given her
cell phone number to a couple of the businesses to give her a call whenever
there is an event and both of the times when there was an event scheduled where
young individuals were supposed to attend; they were both cancelled.
She said she has had numerous telephone calls from other businesses in the
area complaining of young people standing outside, drinks being sold, hanging
around in the area and it being used as a club. She said she do know that on
December 8th there will be a program there where young people are supposed to
be in attendance.
Councilor Woodson said she is also aware of the fact that there are some
other things being planned. She said she agrees with Councilor Turner Pugh in
that when we adopted the ordinance back in 1995, the entire was for weddings,
receptions, birthday parties; things like that. She said it was intended for
it to be used to be rented out as a nightclub; and apparently what she is being
done that is being done is the place is being rented out and the individuals
who rents it out, then sells tickets and turns it into a nightclub atmosphere.
She said that is the problem that is occurring with it. She said to give all
rights to the owners, she would like to hear his point of view, but here
understanding is that is what has been occurring down there by the other
businesses in the area that have seen it.
She said she asked Mr. Richard Bishop to also be here today to discuss
this because the numerous times that she has received a telephone call or
something has occurred, she has called him as the Director of Uptown Columbus
to verify what she is being told. She said she did meet with Mr. Bishop on one
occasion and they walked the area downtown and stayed until the evening and
that day, there was nothing going on. She said Mr. Bishop assured her that he
would go ahead and meet with the owners, as well as some of the other vendors
in the area and come up with a better plan.
Councilor Henderson said he really doesn?t think that we want to restrict
anybody?s business and everybody who was here at that time knows that probably
wasn?t the legislative intent of the ordinance, as it was written for it to be
utilized that way.
He said there are really only two areas, he thinks that we need to kind of
address and he is not sure that we can address them sitting around this Council
here today. He said he thinks it?s something that?s going to take some study
and make sure we have the case law and everything to do it.
Councilor Henderson said the two issues that have popped up are the under
legal drinking age co-mingling with over legal drinking age in an area that is
providing alcohol and the other being, there has some developed some loitering.
He said people leave and because of the Uptown environment and the downtown
area, folks will hang around for a prolonged period of time.
He said to him those are the only two issues and said he really doesn?t
have a problem with them renting to someone who wants to bring in acts and
serve alcohol. He said from his prospective, as we look at this a little
closer, we need to take a look at whether or not we want to keep the playing
field level because there are other establishments down there that bring in
entertainment that are not able to allow; and if you ask them, he said he is
not in favor of it, but he has gone on record mainly because he has an 18-year
old. He said they love to allow 18-year olds to come in, not to drink, but to
hear the music. He said he just thinks that we need to make sure the playing
field is leveled throughout the area.
City Manager Hugley then called the owner of the Bradley Theater,
Mr. Devaraj Thiruppathi to come forward to address this issue. He also
recognized the presence of Mr. Richard Bishop, President/CEO, Uptown Columbus,
Inc., and President/CEO of BID, Mr. Bernie Quick. He said they are available,
if there are any questions from the Mayor & Council regarding issues in
Uptown. He said they will also have a representative from the Columbus Police
Department present this morning.
Mr. Devaraj Thiruppathi, owner of The Bradley Theatre 1241 Broadway,
Columbus, GA 3 1901 then came forward and read a prepared statement regarding
the issue of the Bradley Theater spoke for some fifteen minutes in responding
to the concerns of the other businesses in the Uptown area. The statement made
by Mr. Thiruppathi is listed below, as well as the issues he covered.
Meeting Arranged By BID and Bradley Theatre
There was a meeting few months ago at the Bradley Theatre arranged by BID and
myself to address the issues that Rhinos and Club 1244 had regarding the events
at the Bradley Theatre. At this meeting Bernie Quick, Jim Thorsen (veterinary
doctor), Rhinos, Club 1244, a committee from Uptown and a few promoters who
hold events at the Bradley Theatre were invited. At this meeting a suggestion
was made from an Uptown committee members to have a police presence like they
do on the 10 hundred block here on the 1200 block. I thought this was a good
idea, on top of the off duty police officer at the Bradley, and agreed with
them and told them to get back with me after they talk with the other two
business, Rhinos and Club 1244 who did not attend the meeting and no feedback
was received and nothing materialized form this meeting.
Withdrawal of Police Officers
He said a few weeks after this meeting, the off duty police support was
withdrawn without notice on October 2 1, 2006 Saturday. The Bradley Theatre had
an event booked several months earlier by a promoter on the same day on which
the off duty police officers were booked to work the event. Saturday morning
the day of the event the Bradley Theater came to find out that the police
officers were ordered by the chief of police not to work at the Bradley
Theater. The Bradley Theatre did not receive any forewarning that the police
officers would be withdrawn from the Saturday event. This left the Bradley
Theatre in a liable situation and we had to obtain more security personal in a
few hours. During the show held on Saturday, October 21, 2006 the promoter had
a total of two (2) customers but a total of around 10 on duty police officers
walking in and out of the Bradley Theatre. The event was shut down at 11: 30 @m
due to a lack of customers stemming from certain circumstances. One of the
circumstance being, customers calling in and saying that people were standing
on the comer of the street and telling them that they were going to get
arrested at the Bradley Theatre for Disorderly Conduct and Public Drunkenness.
Customers were just turning around and driving away.
Police Presence on Broadway
The police officers were considered as a standard part of the security measures
at the Bradley Theatre and were an integral part in maintaining a secure,
controlled environment within and outside the Bradley Theatre. The promoters,
customers and the Bradley Theatre credit the police officers and the security
men and women and staff for the secure and controlled events, which have been
held at the Bradley Theatre for several years. The police officers were a
pro-active stance against disorderly conduct instead of a re-active measure
putting the public at risk. This has been well proven by the many and many
events, which were held at the Bradley Theatre without any major problems of
misconduct. A few weeks ago when there was a heavy police force on Broadway
there were many undercover police officers and uniform on-duty police officers
traveling in and out of the Bradley Theatre approximately every hour during the
whole show. There were also undercover police officers present for hours inside
the Bradley Theatre. During these two weeks on Broadway a total of 150 arrests
were made on Broadway and out of which only 1 (one) arrest was from the Bradley
Theatre. This fact represents that the problem is not the Bradley Theatre. The
Bradley Theatre bas never allowed open containers to be brought into the
building nor taken out of the building; everyone is wanded at the door not only
for weapons but also for alcoholic containers and illegal substances. If we
find any type of illegal substance, they are turned over to the police; ample
security is supplied for each event and customers who are over intoxicated are
cut off from the bar and rides are found for them. This can be attested to and
verified by the off duty police officers who have work at the Bradley Theatre.
The officer in charge of the off duty officers for the Bradley Theatre is
officer Timothy Green and the following are the off duty officers who have
worked at the Bradley Theatre: Kurt Weathered, Spencer Hobbs, Joseph Austin,
Valene Holder, Roscoe Castle, Jeffery Foxx, Chris Anderson, Jason Gordon,
Carlos Fernandez, Shantrice Murphy and Willie Elvirez.
Bradley Theatre is Not a Nightclub
The Bradley Theatre has always had off-duty police officers assigned to it
several years prior to I, Devaraj Thiruppathi, purchasing the Bradley Theatre
in the later part of year 2004. The Bradley Theatre is a Multi Purpose Venue
holding a Multi Purpose Theater licensing having a capacity of 1,500. The
majority of the events held at the Bradley Theatre are booked events through
promoters. The Bradley Theatre holds a variety of events from plays, weddings,
concerts, high school proms, talent shows, college events, fund raisers, gospel
events to charity events to give back to the community and recognize certain
groups for their stance and social works. The Bradley Theatre holds a similar
type of licensing as the Civic Center, Trade
Center, River Center and the Springer, who also employ off-duty police officers
for events to ensure the safety of the public customers at the events to be
pro-active and minimize misconduct. Wduty police officers are employed by
businesses, which are concerned about their premise and customers, taking a
proactive stance to minimize risk to the general public within their
establishment serving alcoholic beverages, such as in general Bowling Alleys.
The issue, that the Bradley Theatre is a nightclub. The Bradley Theatre is not
a nightclub nor does it act like a nightclub. This is in regards to an event
held at the Bradley Theatre called College Night, in which a promoter who is in
the fraternity holds this event. College student range from 18 and older,
therefore the event is 18 years of age and up. As a promoter he is responsible
to obtain insurance and pay for security for the event The College Night is not
held on consecutive days like Thursday, Friday and Saturday nor is it held
every week, it is random. When they want to hold an event they rent the Bradley
Theatre. Therefore, the Bradley Theatre is not a nightclub nor is it acting
like a nightclub nor is it taking advantage of any loopholes. If a promoter
wants to hold an event which is 18 years and older, there are security measures
taken to ensure a secure and controlled environment. We do the following to
ensure a controlled environment:
Card and wand everyone entering; Have two color coded band system for
everyone entering designating who can drink and who can not; Have color code
cups for alcoholic and non-alcoholic drinks; Have undercover and T-shirt
security walking among the crowd; And have police officers inside and outside
the Bradley Theatre.
Video Surveillance by Mr. Thorsen
I would like to state that the veterinary doctor, Jim Thorsen, has been video
taping and having a surveillance on the Bradley Theatre on selective events,
which are African American, held at the Bradley Theatre and falsely
indemnifying the Bradley Theatre in a negative manner. Due to the negative
coverage and removal of the &duty police officers the Bradley Theatre has lost
some events. There were complaints from female customers that they felt
uncomfortable and insecure when they saw him video taping them because they
were under the battered spouse protection program. The videotape, which was
aired on WRBL Channel 3, was from a teen event held by a promoter in which no
alcoholic beverages were served during the event.
The teenage kids were playing up to the camera because he was video taping
them. Other events, which also occurred have been distorted and blamed on the
Bradley Theatre, which can be attested to by the security working at the
Bradley Theatre.
Closing Recommendation
I am respectfully requesting for a re-instatement of the off-duty police
officers, which were an integral part of the Bradley Theatre's security for
several years, for the safety of the general public and the customer within the
Bradley Theatre to enforce and deter any misconduct. I also respectfully
request a speedy reinstatement of the off-duty police officers, for events are
being booked by promoters who are also requesting off-duty police officers for
the events being booked for the safety and well being of the customers. I also
respectfully request that no action be take on the license held by the Bradley
Theater for there was no misconduct by the Bradley Theater. The Bradley Theater
is a large facility and an integral part of its success is the licensing, which
it has been holding for a decade catering to similar events.
After Mr. Thiruppathi concluded his presentation, members of the Council
then made comments and expressed their views regarding this matter, after which
Mr. Thiruppathi then responded to questions and concerns of members of the
Council.
Mayor Poydasheff said the Chief of Police told him some time ago that his
policy is that his police officers will not go and serve an area off-duty when
there is drinking. He said he is the Chief of Police and that is his policy and
he has a substantial reason for it. He said that doesn?t mean that they will
not be patrolling outside or going in and out. He then suggested to Mr.
Thiruppathi that if he is not doing it, he might want to consult with some
private security organizations to provide that internal security, but the
police, as long as Chief Boren is the Chief of Police that is his policy and as
the Public Safety Director, he supports that because he can see the problems
that may arose with off-duty police officers working in a place where alcohol
is being served.
Councilor Suber said this Council agreed to allow the former owners of the
Bradley Theater do this and said a number of his friends owns nightclubs and
said they have openly been very concerned that not only the Bradley Theater,
but the Trade Center, as well as the Civic Center is allowed to hire off-duty
police officers inside the building. He said as far as the nightclubs are
concerned, we say that in one breath, but at the other hand because it is at
the Civic Center, Trade Center or Bradley Theater, then we can that around and
allow that to happen. He said there are a number of people that think we speak
from both sides of the mouth in this situation. He said we made a special
exception for this particular business when the former owners came in, because
we thought this would raise the level of entertainment in the Uptown area.
He said if this is causing a considerable problem for public safety, then
he will be one possibly to change that ordinance if we can?t resolve the issue
of young folks.
After more than forty-five minutes of discussion on this subject, with
Mr. Thiruppathi responding to further questions of the Mayor and members of the
Council.
In responding to those concerns of Mayor Poydasheff regarding off-duty
police officers being allowed to work in a nightclub, City Attorney Fay said
the differences here is that this is a not a nightclub per se?, but this is a
separate category. He said the 600-foot rule does not apply to the
multi-purpose theater and said minors are permitted. He said they do have to
have a 750-person capacity and said on its face, it?s a separate category. He
said he just wanted to make that clear.
Major Julius Graham of the Columbus Police Department then came forward
and clarified the policy of the Chief of Police, as well as responded to
additional concerns and questions of the Mayor and Council.
Councilor Henderson said he doesn?t think this gentleman is conducting
the Bradley Theatre as a nightclub, he think where the discrepancy comes in
is when some of the folks that you rent to are very close to blurring the line
between a function and a nightclub. He said when some of these issues were
first brought up, he went to the website and looked at it. He said it might
have been the College night, but said it is promoted almost exactly like you
see nightclubs promoting events, not as a concert. He said one of the phrases
used in there, was 21 to spill and 18 to chill; which indicates to him that they
are actually promoted a nightclub environment with a difference in Columbus and
that?s where you can bring under legal drinking age patrons inside at the same
time. He said he doesn?t think you are conducting it as a nightclub, but you
are renting it to people who are.
In responding to a concern of Mr. Thiruppathi, Councilor Henderson said he
don?t want to restrict how he is able to operate it, he think in his mind that
there are some byproducts of the way its being operated; and not necessarily by
you, but by the people who rent it from you that are really the problem. He
said he think those can be corrected. He said he think it ought to be done in
concert and cooperation with you and with the police and this body.
He said in his mind, the two issues that raise different level of security
issues is the underage patrons, age 18, the age of the majority, but they are
under the legal drinking age being allowed in this establishment when it is
operating very much like a nightclub. He said the other issue, you say it?s
more of a performance venue; every performance venue in the City that we have
talked about when the performance is over, the patrons is disbursed and he
think there has been a few instances where maybe it ended earlier than they
thought and the party moves outside. He said he thinks that prevents safety
issues for our public safety people and the other people who want to enjoy the
Uptown area. He said it?s a different environment and said everything is so
close that anything one does is going to impact either positively or negatively
to their neighbors.
Councilor Henderson said in his mind these two symptoms of the very nature
of a multi-purpose theatre, if we can address those, it would solve the
majority of his concern.
Councilor McDaniel said we have had all this dialogue about this
particular situation and then asked, what specifically have we been asked to
do.
City Manager Hugley said we were asked many months ago to bring the
Bradley Theater issue to you and we have postponed it and delayed it on a
number of occasion; therefore, we brought it back to you as you have requested
as a Council. He said these individuals are here to answer your questions. He
said based on what he know and has heard, it is a multi-purpose theater and it
operates in a very similar fashion to the Trade Center, to the Civic Center. He
said the Civic Center can have College Night and do the same thing and
advertise in the same way that a promoter can. He said as far as he can see it
is a multi-purpose theater. He said it is the Chief?s prerogative to determine
where his officers can work and said if they are not operating in accordance
with the law then we need to go in and make them legal. He said he doesn?t have
a specific recommendation, but can only give you his observations are based on
how the ordinance reads and what the owner has presented, and comparing them to
the government facilities, the Civic Center and the Trade Center.
He said he doesn?t have a recommendation, but you wanted to hear from them
and they are here. He said if we are going to proceed forward, his thought is
that we follow the ordinance, unless you decide to change the ordinance and we
make them comply with the law, if they are not in compliance.
After more than one hour and twenty minutes of discussion, and after the
conclusion of this discussion, there was additional information requested
from the staff from the members of Council, which are outlined below.
Mayor Poydasheff said he is going to suggest that we continue the
discussion of the issue with the Bradley Theater an hour before the next
Council meeting and let?s have a report from the Police Chief of Major
Graham to actually show what the considerations are as to whether there are
any violations being made with respect to the operation of this facility.
City Manager Hugley said he can meet with the City Attorney and the
Police Chief and he can bring you back a recommendation as to whether it
Is a multi-purpose theater and whether or not we allow to proceed forward
with the Police Chief, enforcing the law without question on underage
drinkers, promoters and the owners.
Councilor Turner Pugh then asked that the staff to also bring back
something in the audience that deals with a number of required security
personnel at events for this facility as well.
Councilor Hunter said after the City Manager talks with the Chief of
Police and other public safety officials, as well as others involved in this
particular matter that you bring in the owner and make it clear as to what is
expected henceforth with regard to the facility and any other facilities that
are similar situated.
Mr. Richard Bishop, President/CEO of Uptown Columbus then made some
remarks pointing out that they are working with Mr. Thiruppathi to try to
purchase the property. He said they are in a 120-day due diligence period and
are hopeful that they will be able to determine what an end user will be and be
able to turn the building so that Uptown Columbus can have the building.
Mayor Poydasheff said he and the City Manager was aware of that, but was
told not to say anything.
Mr. Bishop said as Mr. Thiruppathi and the City Manager communicated to
you, the building is being operated the way its licensed to operate. He said in
his opinion, he thinks the grey area gets back to whether it is a bar on
certain nights. He said he thinks it is hard to distinguish where you draw that
line. He said he knows that we talked about the Trade Center, Civic Center and
the Springer, but when he thinks of those, they are all not for profit
facilities. He said when you take and put that environment in a club setting,
like it happens sometimes at the Bradley. He said they have great events there.
He said any time something is perceived to be real then we have to deal
with it. He said he has been in the club a number of times and said he hasn?t
seen anything illegal going on in that club. He said he knows that we have had
problems with things that happen outside the club, but said they are working
with Mr. Thiruppathi and his brother to try to purchase the building and they
have been great partners with them and hopefully within the 120 days they will
be able to do a deal with them.
*** *** ***
WATER WORKS:
Councilor Suber said he was asked on yesterday morning regarding the $80
million water works expenditure for construction and said he didn?t remember
voting on that. He then asked if we take a vote on any construction projects
that the Water Works does.
Mayor Poydasheff said the Water Board takes a vote on the bond issue and
things like that. He said the Council does not.
Councilor Suber said they came back after we approved the 5-year plan and
they agreed to come back every year.
Councilor Henderson said he thinks it is a good process, but as we good
through the process, we will uncover more opportunities to make sure that
everything is above board. He said he would be helpful when they have bond
issues and have some capital expenses, if they could present a breakdown of
some of the things that they are planning on doing in the coming year. He said
it would keep us from having to answer these questions and rehash old ground
year after year.
*** *** ***
UPDATE ON REVENUE REPORTING PROCEDURES:
City Manager Hugley said when the landfill tipping fee issue surfaced and
was brought to his attention, we moved quickly to deal with the issue at hand
and learn very quickly that the issue dated back 10 years to 1996. He said what
Interim Director Pam Hodge will present today is a revenue collection
receiveiable reporting mechanism that is already put in place that would
prevent us, never allow us to be caught in such a position as we were caught in
with landfill tipping fees and the collection issue that came out of the
Revenue Collection Division dating back some ten years where some people had
not been paying landfill tipping fees.
*** *** ***
WATER WORKS:
Referring back to the subject of the Water Works, Councilor Turner said
there is something in the law on the establishment of the Columbus Water Works
as a separate entity, and the responsibilities that we can carry out from the
Council?s prospective and then asked City Attorney Fay to bring back this
information.
Councilor Woodson said let?s provide this information, as requested by
Councilor Turner Pugh to be brought back during a Council Work Session.
Councilor Suber said we have gone through this process of trying to put
the Water Works under the auspusics of the City of Columbus, but said that
didn?t work.
Councilor Davis said if we are planning on inviting the Water Works to a
Worksession, he would also like for the staff to have the Water Works to
provide information on the Federal Clean Water Act and let?s do a presentation
during a Council Work Session so that we can clarify some issues for the
citizens and how we are going to comply with the legislation here locally.
*** *** ***
REVENUE REPORTING:
Ms. Pam Hodge, Interim Finance Director then came forward and presented the
following presentation, which includes the following.
New Procedures
Monthly Report to City Manager beginning November 2006 (available mid December)
All Operating Funds ? approximately 350 accounts
Annual Adopted Budget
Month to date Revenues/Receivables by account
Year to date Revenues/Receivables by account
Comparisons to previous year
% Changes
Collection frequency
Responsible Department
Explanation of any significant variance
Ms. Hodge then provided an example, as outlined below, of some of the
information that the City Manager will be able to see on a monthly basis and
will be available to the Council, if they would like it, on a montly basis.
EXAMPLE
Local Option Sales Tax ? General Fund
FY07 Budget $32,760,000
October 2006 Revenue $3,271,049
FY06 YTD $6,741,716
October 2005 Revenue $2,921,678
FY05 YTD $5,775,188
MTD 11.96%, YTD 16.74% increase
Monthly collection
State of Georgia
EXAMPLE
Insurance Premium Tax ? General Fund
FY07 Budget $9,500,000
October 2006 Revenue $9,761,622
October 2005 Revenue $9,330,102
MTD/YTD 4.62% increase
Annual collection
State of Georgia
EXAMPLE
Residential Solid Waste Collection Fees ? Integrated Waste Fund FY07 Budget
$8,820,600
October 2006 Revenue $757,522
FY06 YTD $2,284,694 (represents 3 months)
October 2005 Revenue $746,942
FY05 YTD $1,500,317 (represents 2 months)
MTD 1.42%, YTD 52.28% increase
Monthly collection
Columbus Water Works
Quarterly Report to Council beginning December 2006 (available mid January)
Includes same information as Monthly Report
Comprehensive Annual Financial Report (CAFR) presentation to Council (expected
January/February 2007)
Councilor Suber said he would like to thank Ms. Hodge for this new
procedure and said the most important thing is to let the citizens know that
there is a process that has already started. He said because we didn?t realize
things were going on, it has made you and the City Manager more proactive in
looking for things; whereas, we didn?t look for them because we thought
everything was fine until we started hearing about these negatives. He said he
wants to commend Ms. Hodge on the work that she is doing to help keep the
City?s finances in order.
Ms. Hodge said the purpose of this report is to identify and indicate if
there is any areas of concerns for us to investigate. She said we will do this
on a quarterly basis and provide this information to you. She said on the
audit that you receive each year we are going to do that a little differently
this year and will have a presentation to the Council to address the annual
financial statements.
City Manager Hugley said in the past when the audit had been completed we
would present you with an original copy of the audit and then hightlight any
particular area of concerns. However, in the future as we go forward in the
spirit of openness, we are going to require or ask the auditor to come and
stand at the podium and go through that entire document with you so that you
will know every finding or report that was made as a result of the audit. He
said we anticipate that we are going to do things in a different way than they
have ever been done before.
He said this monthly report or quaterly report would be made not only to
the Council, but to members of the public who has an interest in seeing every
revenue category and how our collection rate is going.
At the conclusion of the presentation, Councilor Turner Pugh then asked the
finance staff to provide a copy of a year-end unaudited budget variance report
from the past fiscal year.
LEASH LAW:
Ms. Drale Short, of Special Enforcement came forward to provide
information to the Mayor & Council regarding the current leash law, as it
currently exist, as well to do some educational things for the public to let
them know regarding the classification of animals in Columbus.
Ms. Short then highlighted the following information:
Current Leash Law
Sec. 5-10 Control of domestic animals
Any animal not on it?s property is required to be on a leash.
Classified Animals
Any animal that has bitten can be classified as either Potentially Dangerous or
Dangerous; depending on the circumstances and the severity of the bite.
The Animal Control Division recommends the classification.
The Animal Control Advisory Board assesses the classification.
Potentially Dangerous vs Dangerous Animal
Potentially Dangerous domestic animal has the propensity, tendency or
disposition to attack unprovoked, to cause injury, or to otherwise threaten
persons without provocation.
Dangerous domestic animal according to the records of the city has, without
provocation, inflicted severe injury on a human being, domestic animal or
livestock on public or private property. An aggressive animal that endangers
public safety.
Dangerous/Potentially Dangerous
Sec. 5-11
Certificate of Registration
Identification or Micro-chipped
Proper Enclosure (Section 5-5 (8)
Dangerous Dogs or Cats Only
Obtain an insurance policy or surety bond in the amount of $15,000.00 or more.
Notification of animal?s death, relocation or change in ownership
Animal Control should be notified within 24 hours if the animal is on the
loose, unconfined, has attacked a human or a domestic animal, has died or has
been sold, donated or relocated.
If the animal has been sold, donated or relocated, the owner shall provide the
animal control division with the name, address and telephone number of the new
owner or location.
Inquiries to ensure compliance:
Animal Control is authorized to make whatever inquiry deemed necessary to
ensure compliance.
Enclosure; muzzle:
Any dangerous dog or cat not in proper enclosure must be on a leash/restrained
and muzzled.
Restraints:
It is unlawful for the owner of a potentially dangerous dog or cat to permit
the dog or cat to be outside a proper enclosure unless the dog or cat is
restrained by a substantial chain or leash and is under the restraint of a
responsible person.
Confiscation
Dangerous/Potentially Dangerous Dog or Cat
Owner of the dog or cat does not secure the liability insurance or bond
required by this section.
Dog or cat is not validly registered as required.
Dog or cat is not maintained in a proper enclosure; or
Dog or cat is outside a proper enclosure in violation of this section.
Return of confiscated
dog or cat
Upon compliance confiscated animals will be returned to the owner. However, if
after 20 days and compliance has not been met, the animal shall be destroyed in
an expeditious and humane manner.
Penalties for violation; quarantine requirements
If a dangerous dog or cat aggressively attacks and causes severe injury or
death of a human being and the owner knowingly and willfully failed to comply,
the dangerous dog or cat involved shall be immediately confiscated, placed in
quarantine for the proper length of time and then the dangerous dog or cat
shall be destroyed in an expeditious and humane manner.
Councilor Turner Pugh said she would like to see what other cities and
counties are doing as far as potentially dangerous dogs are concerned. Also,
bring back a recommendation as to the fines for the violation of the ordinance.
She said she would also like for the staff to also check what other cities
and provide do some research as to the issue of large dogs and what they are
doing to protect citizens against those animals.
-- Proposed Options-
Property Purchased Relocation
Optional
Business & Residential
Relocation Policy
Department of Community Reinvestment
November 28, 2006
Optional Business & Residential Relocation Policy
Why the City acquires property?
Redevelopment Activities
Elimination of Slum & Blight
Economic Development (Enterprise Zone)
Infrastructure Improvements
Right-of-Way
Optional Business & Residential Relocation Policy
Uniform Relocation Act - Acquisition of property with the following sources of
funds triggers the Uniform Relocation Act which requires relocation assistance
at levels described in 49 CFR part 24., the government-wide regulations for
implementing the Uniform Relocation Act:
CDBG
HOME
State & Federal DOT Funds
Any other Federal Source of Funds
Department of Community Reinvestment has a relocation policy in place
addressing relocations under the terms of the Uniform Relocation Act.
Uniform Relocation Act
Business
Provide suitable replacement site
Re-establishment expenses
Moving expenses
Estimated increase in operating costs for first 2 years
Residential
Reasonable out-of-pocket moving expenses
Compensation for reasonable increase in rent and utility expense
Optional Business & Residential Relocation Policy
Statement of Policy
The Columbus Consolidated Government will make available assistance under this
proposed policy to any business or rental residential units required to
relocate due to the City?s acquisition of the property by governmental activity
without activating the Uniform Relocation Act.
The proposed policy will apply to all acquisition of property acquired with
General, SPLOST, Enterprise Zone and/or any other non-federal funding source.
Optional Business & Residential Relocation Policy
Scope
This policy applies to any business or rental residential units displaced by a
voluntary acquisition of real property by the Columbus Consolidated
Government. The relocation services and benefits described herein apply only
to those businesses and tenants that are displaced prior to the expiration of
the existing lease.
The maximum benefit available under this policy:
Business - $ 5,000
Residential Unit - $1,000
Optional Business & Residential Relocation Policy
Responsibility
The Department of Community Reinvestment is responsible for the acquisition and
property management for the Columbus Consolidated Government. The department
will be responsible for the administration of this policy.
Proposed Business & Residential Relocation Policy
Notices
Eligibility: Within 30 (thirty) days of closing of acquisition, the City shall
give a written notice to the business or tenants informing them whether they
will be offered the right to continued occupancy or relocation services.
Proposed Business & Residential Relocation Policy
Continued Occupancy
If the tenant is extended an offer to continue occupancy, the rent shall be
mutually agreed upon amount between the City and the business owner or tenant
for a period not to exceed 1 (one) year commencing from the date of closing of
acquisition. Upon the expiration of the initial 1-year lease agreement, then
the lease will become month-to-month with a 60-day notice to vacate.
Optional Business & Residential Relocation Policy
Waiver of Rent
The City will retain the option to waive the current rent for a business or
residential units based upon a cost/benefit analysis of the rent payments vs.
the liability of maintaining the property.
If the rents are waived, the business would agree to perform all maintenance,
provide liability coverage and vacate the building in 12 months and/or at which
time the property is needed for an identified project.
Optional Business & Residential Relocation Policy
Waiver of Rent (Cont.)
The length of time before the property is needed for the identified project and
the analysis of the cost/benefit of the maintenance and upkeep of the building
and/or property or the projected actual moving expenses will determine if the
City exercises it right to the waive the rent.
If the City waives the rent, the business will not be eligible for the services
and benefits below.
Optional Business & Residential Relocation Policy
Services and Benefits
The maximum allowable for relocation services and benefits:
$5,000 for business
$1,000 for tenants of residential units.
The business owners or tenants may chose which of the following services and
benefits they wish to utilize.
Optional Business & Residential Relocation Policy
Services & Benefits (cont.)
Funds for transfer fees or required deposits for utilities to the replacement
building and/or property.
Funds for the increase in rents between the present monthly rent and the rent
at the replacement building and/or property for 3 (three) months.
Optional Business & Residential Relocation Policy
Services and Benefits (cont.)
Businesses and tenants of residential units are eligible only for actual moving
expenses.
The business and tenants will obtain three competitive bids from licensed
moving companies. The lowest bid received will be the amount reimbursed for
moving expenses.
The bid must be approved by the City prior to moving activities beginning.
Optional Business & Residential Relocation Policy
Services and Benefits (cont.)
Eligible Moving Expenses
Transportation of the displaced personal property from the acquired site to the
replacement site.
Packing, crating, unpacking and uncrating of the personal property.
Disconnecting, dismantling, removing, reassembling relocated appliances,
equipment, other personal property, or utilities (including a telephone) to a
service equivalent to that existing in the replacement building and/or property.
Storage of the personal property, as the City determines to be necessary
(generally, the period of needed storage will not exceed 3 months).
Insurance of the personal property in connection with the move and necessary
storage.
Optional Business & Residential Relocation Policy
Summary
Waiver of Rents ? City retains the option to waive rents based upon what is
best economically for the City.
Relocations Assistance ? If a business or a tenant is displaced prior to the
end of the existing lease agreement.
Relocation Assistance
Business ? Maximum of $5,000
Residential ? Maximum of $1,000 per resident
PROP ERTY WAIVER OPTIONS PRESENTATION:
Make sure a copy of the presentation is provided to the members of the
Council. (Request of Councilor Davis)
-- Georgia Electronic Information System
Transaction Fee
-- Unified Development Ordinance
(UDO) Dumpsters -- Delayed
COLUMBUS WATER WORKS? AUDIT REPORT:
Have the staff to provide a copy of the Columbus Water Works? latest
audit report to Mr. Walter Gould. Also, have the staff to scroll the
information on CCG-TV as it relates to the information on assistance for low
income individuals (Request of Mayor Poydasheff)
With there being no other business to come before the Council, Councilor
McDaniel then made a motion to adjourn. Seconded by Councilor Suber and carried
unanimously by those nine members of Council present for this meeting, with the
time being 11:53 a.m.
Tiny B. Washington, CMC
Clerk of Council
The Council of Columbus, Georgia
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