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

JANUARY 16, 2007



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

to order at 9:00 A.M., Tuesday, January 16, 2007, on the Plaza Level of the

Government Center, Columbus, Georgia. Honorable W. J. Wetherington, Mayor,

presiding.



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PRESENT: Present other than Mayor Wetherington and Mayor Pro Tem Evelyn Turner

Pugh were Councilors R. Gary Allen, Wayne Anthony, Mike Baker, Jerry Barnes,

Glenn Davis, Berry H. Henderson, Julius H. Hunter, Jr., Charles E. McDaniel,

Jr., 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: No one was absent.

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INVOCATION: Offered by Rev. Willie Hill, Pastor- Greater Beallwood Baptist

Church.

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PLEDGE OF ALLEGIANCE: Led by students from Kiddie Kollege Learning Center.

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PROCLAMATIONS:



?ONE COLUMBUS DAY?:



With Reverend J. H. Flakes, Mr. Ken Crooks and Mr. Lee Brantley standing

at the Council table, Councilor Woodson read the proclamation of Mayor

Wetherington, proclaiming January 16, 2007 as ?One Columbus Day? in Columbus,

Georgia.



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?NATIONAL TAX ADVICE DAY?:



With Mr. Joe Riddle standing at the Council table, Councilor Baker read

the proclamation of Mayor Wetherington, proclaiming the week of January

18, 2007 as ?National Tax Advice Day? in Columbus, Georgia.

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CITY ATTORNEY?S AGENDA:



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

ENTIRETY BY COUNCILOR HENDERSON AND ADOPTED BY THE COUNCIL:________________



A Resolution (23-07) - Commending and supporting the Chattahoochee Valley

Vita Coalition for their efforts to provide free tax preparation to the

community through the volunteer income tax assistance (VITA) program.

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

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

this meeting.

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MINUTES OF THE LAST MEETING: Minutes of the December 5, 2006 Council meeting

of the Council of the Consolidated Government of Columbus, Georgia were

submitted and approved upon the adoption of a motion made by Councilor Allen

and seconded by Councilor Woodson, which carried unanimously by those ten

members of Council present for this meeting.

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MAYOR PRO TEM?S POSITION:



Councilor Anthony said he would like to cast his vote for the Mayor Pro

Tem?s position. He said he was in Washington on last week and unable to attend

the meeting. He said we are excited that Councilor Turner Pugh is willing to

serve as Mayor Pro Tem, but said he wants to also give appreciation to SunTrust

and Mr. Frank Etheridge, Ms. Carol Baker and the entire staff at SunTrust who

is willing to step up and give extra help to make it possible for Councilor

Turner Pugh to do what she is doing. He said he wants to also let the citizens

of Columbus know that Councilor Turner Pugh is recognized in the State and the

Nation. He said she served as President of the Georgia Municipal Association

and she has also served at the National level; and the people across the

country have a great deal of respect for her. He said she brings extra

credibility and credential to this position.

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ZONING PUBLIC HEARINGS:



THE FOLLOWING THREE ZONING ORDINANCES WERE SUBMITTED AND THEIR CAPTIONS

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

ADVERTISED:_______________________________________________



An Ordinance ? Amending the text to the Unified Development Ordinance to

allow universities or colleges in the CO (Commercial-Office) and CRD (Central

Riverfront District) Districts as a permitted use.

(75-A-06-Jeffcoat)



PROPONENTS & OPPONENTS:



The petitioner, Mr. Doug Jeffcoat, representing the W. C. Bradley Company

said he was part of a citizen volunteer group that worked very closely with Mr.

Rick Jones and the Planning Division when the Unified Development ordinance was

created several years ago. He said they spent countless hours meeting with

consultants, professionals and volunteers to try to get the Unified Development

Ordinance as complete as they could and there was a new zoning category

created, C-O which was commercial-office; and said at the time a college or

university could have gone in most of all the commercial designations.

He said it was one of those things that slipped through the cracks and said as

they reflect back on it, probably should have caught that, but we didn?t. He

said we are now seeing interest in some private universes type operators who

want to locate in areas that have these zoning designations. He said the only

property in Columbus that has the

C-O designations are Brookstone Centre and the Central Riverfront District. He

said this is a cleanup issue.



After Mr. Jeffcoat responded to questions of Councilor Davis, this public

hearing was then declared held.



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An Ordinance ? R Rezoning property located at 2140 South Lumpkin Road from

an SFR3 (Single Family Residential 3) District to an NC (Neighborhood

Commercial) District. (76-CA-06-Hunt)



PROPONENTS & OPPONENTS:



The petitioner, Ms. Hunt was present, but she did not make a presentation,

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



Councilor Woodson said she has talked with Ms. Hunt and visited this

property over the weekend and said she doesn?t have a problem with this

rezoning because it?s no different from a business down the street, McCoy

Realty, as it is the same aspect.



She said she doesn?t have any problem with it, because they hope to make

all of South Lumpkin Road commercial, as it is the entrance towards the

Infantry Museum and other further development in that are. She said there is a

condition as it relates to the entrance/exit to the property. She said she has

met with Ms. Hunt and the staff and we are all in agreement with this.

She said she thinks that this will be an enhancement to the property/



City Attorney Fay declared this public hearing held and pointed out the

ordinance would be voted on next week.



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An Ordinance ? Rezoning property located at 803, 807 & 809 28th Street

from an RMF2 (Residential Multi-Family 2) District to GC (General Commercial)

District. (74-CA-06-Deal)



PROPONENTS & OPPONENTS:



The petitioner, Mr. Deal was present, but he did not make a presentation,

as there was no one present to oppose this proposed rezoning ordinance, but he

did respond to questions of Councilor McDaniel as it relates to the portion of

the building that had burned.



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THE FOLLOWING ORDINANCE WAS ALSO SUBMITTED AND EXPLAINED BY CITY ATTORNEY

FAY AND INTRODUCED ON FIRST READING:

____________________________________________



An Ordinance ? Regulating vehicular traffic in Columbus, Georgia by

deleting from the ?Official Street Map, City of Columbus, Georgia? the street

segments and rights-of-way of Zenos Drive from the North right-of- way line of

Dirk Way North to the South right-of-Way line of Buena Vista Road; Dirk Way

from a point 200.3 feet East of the East right-of-way line of Winall Drive East

a distance of 459.8 feet; Upland Way from a point 200.0 feet East of the East

right-of-way line of Winall Drive, East a distance of 460.0 feet; providing

that all existing utility easements of record remain in effect and providing

easements of appropriate width as required by the applicable utility companies

will be reserved for unknown utilities; authorizing the disposal of said

property in accordance with the Columbus Charter; repealing any conflicting

ordinances; and for other purposes.



Councilor Davis asked the staff to give clarification on the portion of

the disposal of property to help him understand this a little bit better.



Director of Engineer Donna Newman said when that area was originally

platted they reserved right-of-ways for future streets and as that area

developed when the developer came in recently and added new streets, he was

unable to tie into the proposed right-of-way that was originally shown.

Therefore, what we have to do is to abandon that area that was reserved for the

right-of-way and then in the upcoming week, we will accept new right-of-way

where the new streets have gone in.



Ms. Newman then responded to further questions of Councilor Davis

regarding this matter.



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THE FOLLOWING RESOLUTION WAS ALSO SUBMITTED

AND EXPLAIMED BY CITY ATTORNEY FAY AND ADOPTED BY

THE COUNCIL:______________________________________________



A Resolution (24-07) ? Authorizing settlement of the case of Beaulah et

al. v. Johnson et al.



Councilor McDaniel said he is going to have to oppose this resolution

because he is not satisfied with the fact that we didn?t have a jury to tell us

that we had to award this money. He said he can?t consciously spent taxpayer?s

money without a jury telling him he has to spend $125,000. He said he thinks

that we will be sending a bad message to our Police Department about stopping

these people and he doesn?t think it?s fair.



Councilor Anthony said in terms of the ongoing efforts in this particular

case and all the complicated components of it, he thinks that we will be

advised to settle. He said if we continue in litigation, it?s a negative

component on our city and a continuing cost expense; therefore, he would

encourage us to go ahead and settle it.

He said this seems like this has been the best resolution for a very, very

difficult and complicated situation that has gone on for over three years.



Councilor Davis said he think that all cases in this overall incident

needs to be looked at separately and individually. He said over the last two

weeks, he has spent time reading; studying and researching the summary judgment

issue by the Federal court and said he can?t support this resolution. He then

read a short statement in determining his decision.



After more than twenty minutes of discussion on this matter with members

of the Council expressing their views on this subject, and City Attorney Fay

then responding to questions of the Council, Councilor Turner Pugh then moved

the adoption of the resolution. Seconded by Councilor Woodson and carried by a

vote of 8 ? 2, with Councilor Councilors Davis and Woodson voting no.

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***--------------------------------PUBLIC AGENDA



MR. PAUL OLSON, RE: SHERIFF?S LANDFILL INVESTIGATION REPORT, DISTRICT

ATTORNEY?S RULING AND THE HOUSING AUTHORITY RESOLUTION:_______________



Mr. Paul Olson appeared again today as he has on numerous other occasions

to discuss the Sheriff?s investigation into the landfill tipping fees issue, as

well as when we receive the ruling of the District Attorney.

He also made some comments relative to the resolution that was adopted

supporting the project for the remodeling of the Housing Authority?s Baker

Village project.

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***--------------------------------CITY MANAGER?S AGENDA:



THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY MANAGER

HUGLEY AND ADOPTED BY THE COUNCIL:______________________________________________



A Resolution (25-076) ? Executing Frequency Reconfiguration Planning Phase

agreements with Motorola for the purpose of performing planning phase services

for the implementation of frequency reconfigurations for the city?s 800 MHz

radio communication system by Sprint Nextel as required by the Federal

Communications Commission. Councilor McDaniel moved the adoption of the

resolution. Seconded by Councilor Turner Pugh and carried unanimously by those

ten members of Council present for this meeting.



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THE FOLLOWING RESOLUTION WAS ALSO SUBMITTED AND EXPLAINED BY CITY MANAGER

HUGLEY AND DELAYED BY THE COUNCIL:___________________________________________



A Resolution ? Authorizing the purchase of one (1) cab & chassis from

Adams Equipment (White Plains, GA), in the amount of $64,445.00. A sewer

cleaning machine body was purchased in October (Resolution No. 437, dated

10-3-06) and will be mounted on the cab and chassis. This truck is a

replacement unit that will be used by the Sewer Division, of the Public

Services Department, to clean and maintain the City?s storm sewer system for

flood control.



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THE FOLLOWING TWO PURCHASING RESOLUTIONS HAVING BEEN SUBMITTED WITH THE

CITY MANAGER?S AGENDA WAS SUBMITTED AND EXPLAINED BY CITY MANAGER HUGLEY AND

ADOPTED BY THE COUNCIL PURSUANT TO THE ADOPTION OF A SINGLE MOTION MADE BY

COUNCILOR MCDANIEL AND SECONDED BY COUNICLOR ???????, WHICH CARRIED UNANIMOUSLY

BY THOSE NINE MEMBERS OF COUNCIL PRESETN FOR THIS MEETING: ______



A Resolution (26-07) ? Approving the purchase of an upgrade to the

polygraph system from Axciton Systems, Inc., (Houston, Texas) in the amount of

$11,650.00. The upgrade is necessary to enhance the productivity of the current

polygraph unit and will double its capabilities. The upgraded software and

equipment will include: Axciton Computerized 8 channel sensor box with motion

sensor pad, White Star Algorithms, and two Stationary Polygraph Subject Chairs.

The Police Department currently uses an Axciton polygraph system. The upgrade

of the existing software and equipment can only be purchased from the Axciton.

Therefore this purchase is considered an only known source procurement, per the

Procurement Ordinance, Section 3-114.



A Resolution (27-07) ? Declaring one ambulance (Vehicle #2356) as surplus

equipment in accordance with Section 7-501 of the Charter of Columbus

Consolidated Government. The vehicle has been placed out of service due to

excessive maintenance cost. Due to Homeland Security policies, the City cannot

dispose of the emergency vehicle by auction. Therefore Vehicle # 2356 will be

donated to the Richland Volunteer Fire Department (Richland GA) for use as a

rescue vehicle.

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CLERK OF COUNCIL?S AGENDA:



CLERK OF COUNCIL WASHINGTON SUBMITTED THE FOLLOWING ITEM AS INFORMATION

FOR THE MAYOR & COUNCIL: ________________________________________________



(1) Memorandum from ACCG, Re: Official Notice of Vacancies on ACCG Board of

Managers.



(2) Memorandum from Clerk of Council Washington, Re: Board of Tax Assessor?s

Intent to Appeal to Superior Court.



(3) Biographical Sketch of Ms. Omagene Holland, Mayor Wetherington?s nominee to

replace Mr. Franklyn Lambert on the Employees? Pension Plan, Board of Trustees.



(4) Biographical Sketch of Mr. U. D. Roberts, the nominee submitted by the

Republican Party for the seat of Mr. U. D. Roberts on the Board of Elections

and Registration.



(5) Biographical Sketch of Ms. Connie Roberts, the nominee submitted by the

Republican Party for the seat of Mr. U. D. Roberts on the Board of Elections

and Registration.



(6) Biographical Sketch of Ms. Sylvia Horner, the nominee submitted by the

Republican Party for the seat of Mr. U. D. Roberts on the Board of Elections

and Registration.



(7) Biographical Sketch of Mr. Travis Chambers, nominee submitted to replace

Mr. Michael Eddings as an alternate member on the Planning Advisory Commission.



(8) Biographical Sketch of Mr. Ronny Smith, Councilor Allen?s nominee to

replace Mr. Michael Eddings as an alternate member on the Planning Advisory

Commission.



(9) Biographical Sketch of Mr. Edward Morpeth, the nominee submitted by Uptown

Columbus, Inc. to replace Mr. Neil Clark on the Uptown Facade Board.



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THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CLERK OF COUNCIL

WASHINGTON AND APPROVED BY THE COUNCIL:_______________________________



A Resolution (28-07) ? Excusing Councilor Wayne Anthony from the

January 9, 2007 Council Meeting. Councilor Henderson moved the

adoption of the resolution. Seconded by Councilor Allen and carried

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



A Resolution (29-07) ? Authorizing a Special Exception to operate a

church in excess of 250 seats at 6001 Buena Vista Road. Councilor

McDaniel moved the adoption of the resolution. Seconded by Councilor

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

this meeting.



A Resolution (30-07) ? Authorizing a variance request to waive street

frontage requirements at 10155 Whitesville Road to allow a 30 feet access

easement to serve as the primary right of entry onto the subject property.

Councilor Allen moved the adoption of the resolution. Seconded by

Councilro Woodson and carried unanimously by those ten members of

Council present for this meeting.



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REQUEST FOR A PUBLIC HEARING:



Clerk of Council Washington submitted a letter from Mr. William Enfinger

requesting a public hearing be called on a rezoning petition for property

located north of Susan Lane and south and west of Glenview Drive that was

recommended for approval by the Planning Advisory Commission and denial by the

Planning Department.



Councilor McDaniel for the ordinance and public hearing.



MINUTES OF THE FOLLOWING BOARD WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND OFFICIALLY RECEIVED BY THE COUNCIL:

________________________________



Board of Tax Assessors, No. 01-07.

Community Development Advisory Council, December 13, 2006.

Hospital Authority, October 31, 2007.

Uptown Facade Board, December 18, 2006.





NON-ENCLOSURES, ACTION REQUESTED:



(15) New Zoning Petition:



(a) Petition submitted by Bubba Welch to rezone approximately 8.8 acres of

property located north of Susan Lane, south & west of Glenview Drive from SFR3

(Single Family Residential 3) to RMF1 (Residential Multi-Family 1).

(Recommended for approval by the Planning Advisory Commission and denial by the

Planning Department.) (1-D-07-Welch)





(16) BOARD APPOINTMENTS:



EMPLOYEES? PENSION PLAN, BOARD OF TRUSTEES:





Omagene Holland

(Franklyn Lambert) SD-15

Retired City Employee Rep.

Resigned

(Mayor?s Apptmt)

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PLANNING ADVISORY COMMISSION:







(Derrick Shields) SD-15

Regular Member

Resigned

(Council?s Apptmt)



Travis Chambers

(Michael Eddings) SD-29

Alternate Member

Appointed to regular member

(Council?s Apptmt)



*At the request of Council, alternate members are given first consideration

when filling vacancies of regular members. Mr. Michael Eddings is the next

alternate member eligible to move to regular member status.









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RECORDER?S COURT JUDGES:







(Mike Cielinski)

Senior Recorder Position

(Council?s Apptmt)





(Mary Buckner)

Recorder Position

(Council?s Apptmt)





(Michael Joyner)

Recorder Position

(Council?s Apptmt)





(Alonzo Whitaker)

Recorder Position

(Council?s Apptmt)





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

Allen made a motion to adjourn. Seconded by Councilor Henderson and carried

unanimously, with the time being 10:42 a.m.





Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia

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