MINUTES
COUNCIL OF COLUMBUS, GEORGIA
REGULAR SESSION
AUGUST 14, 2007
The regular weekly meeting of the Council of Columbus, Georgia was called
to order at 9:00 A.M., Tuesday, August 14, 2007, on the Plaza Level of the
Government Center, Columbus, Georgia. Honorable W. J. Wetherington, Mayor, and
Honorable Evelyn Turner Pugh, Mayor Pro Tem was presiding.
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PRESENT: Present other than Mayor W. J. Wetherington, Mayor, and Honorable
Evelyn Turner Pugh, Mayor Pro Tem were Councilors R. Gary Allen, Wayne Anthony,
Mike Baker, Glenn Davis, Berry H. ?Skip? Henderson, Julius H. Hunter, Jr.,
Charles E. McDaniel, Jr., and. City Manager Isaiah Hugley, City Attorney
Clifton Fay and Clerk of Council Tiny B. Washington were also present.
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ABSENT: Jerry ?Pops? Barnes and Evelyn Woodson were absent. Deputy Clerk of
Council Sandra Davis were also absent.
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INVOCATION: Offered by Dr. Kevin Calhoun, Pastor Hilton Terrace Baptist
Church.
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PLEDGE OF ALLEGIANCE: Led by Mayor Wetherington.
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***-------------------------------CITY ATTORNEY'S AGENDA
THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY
AND DUE TO AN INCONCLUSIVE VOTE WAS DELAYED BY THE COUNCIL:____
An Ordinance ? Rezoning properties located at 3556 & 3562 St. Mary?s Road are
proposed for rezoning from SFR3 (Single Family Residential 3) District to GC
(General Commercial) District. (27-A-07-Morrison)
Councilor Hunter moved the ordinance be denied. Seconded by Mayor Pro Tem
Turner Pugh. The vote resulted in an inconclusive vote of 4 - 3. Voting for
the motion to defeat the ordinance was Councilors Allen, Anthony, Hunter and
Mayor Pro Tem Turner Pugh. Voting against the motion was Councilors Baker,
Henderson and McDaniel. Councilor Davis was absent for the vote and Councilors
Barnes and Woodson were absent from the meeting.
City Attorney Fay said this ordinance will be brought back before the
Council on next week.
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ZONING PUBLIC HEARINGS:
THE FOLLOWING SIX ORDINANCES WERE ALSO SUBMITTED AND EXPLAINED BY CITY
ATTORNEY FAY AND THEN INTRODUCED ON FIRST READING AND A PUBLIC HEARING WAS HELD
ON EACH AS ADVERTISED: _____________
An Ordinance ? Amending Unified Development Ordinance to amend Chapter 8,
Article 5, Flood Damage Prevention. (35-A-07-Planning Department)
PROPONENTS & OPPONENTS:
Members of the Planning Division staff were present, but no presentation
was made, as no one was present to oppose this proposed rezoning ordinance.
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An Ordinance ? Amending a text amendment to the Unified Development
Ordinance that the category of Auto/Truck Broker be created and permitted in
the UPT (Uptown), GC (General Commercial, LMI (Light Manufacturing/Industrial)
and HMI (Heavy Manufacturing/Industrial) Districts as a principal use.
(34-A-07-Rose)
PROPONENTS & OPPONENTS:
No one was present to speak for or against this proposed rezoning
ordinance.
Councilor Allen said the City has received several requests for this; but
we just didn?t have a category to put them in and this is not just to serve one
individual, but there are many people out there looking for something like
this.
City Manager Hugley said this would be an individual or individuals who
negotiates or attempts to negotiate the sale of a motor vehicle on behalf of
someone else. He said this would not be a situation where persons would store
or display vehicles; they will not be housing, storing or displaying vehicles,
but simply would operate an office where they would negotiate on behalf of
others. He said they would tell the individual what kind of vehicle they are
looking for and they would find it.
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An Ordinance ? Rezoning properties located at 8101 and 8103 Veterans
Parkway are proposed for rezoning from SFR1 (Single Family Residential 1)/ GC
(General Commercial) District to PUD (Planned Unit Development) District.
(28-CA-07-Woodruff Brokerage Co.)
City Attorney Fay said you should have the correct staff report that was
distributed around the Council table this morning.
PROPONENTS & OPPONENTS:
A representative from the Woodruff was present, but she did not make a
presentation, as there was no one present to oppose this proposed rezoning
ordinance, but City Attorney Fay responded to questions of Councilor Allen.
In response to Councilor Allen, City Attorney Fay outlined the conditions
that were included in the ordinance. He said there are three major amendments
listed as conditions:
(1) The minimum perimeter buffer abutting nonresidential current and future
land-uses shall be forty (40) feet.
(2) The minimum front and rear perimeter buffers abutting residential future
land-uses shall be fifty (50) feet.
(3) The maximum land area for community commercial center shall be 58.5 acres
or 22% of the total landmass of the development.
City Attorney Fay said we also have a drawing if someone wants to see the
depiction of that property.
Councilor Henderson said he has talked with the representative from the
Woodruff Company and said they had talked in the abstract because of the
congestion along Veterans Parkway and how that has been made worst because of
the new school. He said the Woodruff Company was kind enough to talk about the
possibility of working with the School District to deed some land to give
access from the interior road into the school compound and they asked if that
is still on the table.
Councilor Henderson said he thinks that was the one concern is the traffic
is already extremely bad, as we saw in the newspaper with many of the parents
taking their children to school the first day. He said anything we could do to
alleviate the traffic on Veterans would be great.
Ms. Genevieve Green of the Woodruff Company said that is still in their
plans when they build the road, as part of what they are doing.
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An Ordinance ? Rezoning property located at 466 Andrews Road is proposed
for rezoning from GC (General Commercial) District to LMI (Light
Manufacturing/Industrial) District. (33-A-07-Lomax)
PROPONENTS & OPPONENTS:
Mr. Lomax, representing the petitioner was present, but he did not make a
presentation, as there was no one present to speak against this proposed
rezoning ordinance.
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An Ordinance ? Rezoning property located at 4617 Armour Road is proposed
for rezoning from RO (Residential-Office) District to NC (Neighborhood
Commercial) District. (32-A-07-McKenna)
PROPONENTS & OPPONENTS:
Mr. Robert McKenna, representing the petitioner was present, but he did not
make a presentation, as there was no one present to oppose this proposed
rezoning ordinance.
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An Ordinance ? Rezoning property located at 8200 Fortson Road is proposed
for rezoning from RE1 (Real Estate 1) District to GC (General Commercial)
District. (36-CA-07-Barry)
PROPONENTS & OPPONENTS:
Ms. Christie Berry, the petitioner was present, but she did not make a
presentation, as there was no one present to oppose this proposed rezoning
ordinance.
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THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY
AND INTRODUCED ON FIRST READING: ____________________________________________
An Ordinance ? Providing for the demolition of various structures located
at:
1. 1608 3rd Avenue (Archibald W. Brown, II, Cecil P, Brown Sr. & James P.
Brown, owner)
2. 1333 23rd Street (Michael Lloyd & Solomon Cooper, owner)
3. 3400 St. Mary?s Rd Lt 520 (Austin C. Eason, owner)
4. 2504 16th Avenue (Matthew England, owner)
5. 2923 A, B, & E Cusseta Road (Families Housing Initiative, LLC, owner)
6. 380 29th Avenue (Grover Lee Harris, owner)
7. 30 Lanier Avenue (Jo B. Henry, owner)
8. 221 26th Street (Jackie Hill, owner)
9. 744 Lawyers Lane (Ralph Lee, owner)
10. 360 Marlboro Avenue (Harold McBride, Owner)
11. 3400 St. Mary?s Road, Lt 447 (Leon McCoy, owner)
12. 3000 Hamilton Road (James L. & Rosa P. Mason, owner)
13. 426 Mellon Street (Vincent L. Owens, owner)
14. 933 Sheridan Avenue (Crawford Smith, owner)
15. 562 Radcliff Avenue, 2708 & 2714 Willow Street (Ten Talents Ministry,
owner)
16. 2209 1st Avenue (Sadie Thomas, owner)
17. 4929 15th Avenue (Westchester Builders, Inc. owner)
18. 1014 54th Street (William David Whitley, owner)
19. 1343 23rd Street (Grover O. & Lizzie M. Williams, owner)
20. 2207 1st Avenue (J. C. Williams Estate, owner)
21. 1114 Wynnton Road (Word of Truth Church of God In Christ, Inc., owner); and
for demolition services for the Inspections and Code Division in accordance
with the attached Tabulation of Bid sheet.
City Attorney Fay said we need a motion to delete Items #5 & #15, as the
Inspections & Code Enforcement Division said there have been substantial
progress on the property as listed above.
Councilor McDaniel so moved. Seconded by Mayor Pro Tem Turner Pugh and
carried unanimously by those seven members of Council present at the time, with
Councilor Anthony being absent for this vote and Councilors Barnes and Woodson
being absent from the meeting.
Councilor McDaniel said on Item #17, 4949 15th Avenue Mr. Hudson called
him and said that he would like to have this matter delayed. He then asked Ms.
Rebecca Wiggins if he has done some work to this property, to which Ms. Wiggins
said he has not done any work to this property. She said she has talked with
Mr. Hudson.
Ms. Gwendolyn Harris, 5311 Eisenhower Avenue came forward to address the
property located at 380 29th Avenue (Grover Lee Harris, owner).
She said she found out back in February that the house belonged to her. She
said she went to an attorney in 2005 and he told her to do a quitclaim deed and
give it to her children. She said she went to Attorney Houser Pugh to handle
this matter for her. She said she has paid the back taxes on the property, as
well as the court costs. She said she has someone who wants to purchase the
house, but the witness who signed the will has not responded to the attorney to
complete the paperwork that needs to be completed.
She said her attorney is out of town and couldn?t be present here this
morning and has given her a letter to read to you here this morning at the
Council table. She then read Attorney Houser Pugh?s letter into the records.
City Attorney Fay then asked Ms. Rebecca Wiggins if she was aware of that
letter from Mr. Pugh or any of the probate issues.
Ms. Wiggins said they received the letter that Ms. Harris just read in her
office on yesterday. She said Mr. Pugh says that they are proceeding with the
probate using affidavits as to the validity of Mr. Harris? signature. She said
Ms. Harris did come to see her early on in this process with a letter from
legal aid that indicated that she was the heir to that property and she
suggested to her at that time that she get an attorney to get his estate
probated and pay the back taxes. She said she talked with her about this on
March 22nd of this year.
City Attorney Fay said we have a request from Ms. Harris? attorney and
said without any motion it would remove on the demolition list.
Mayor Pro Tem Turner Pugh said she feels that City Attorney Fay needs to
advise us legally on what we need to be doing. She said if it is tied up in
probate, what could we do?
City Attorney Fay said we can still leave it on the demolition list and if
they can?t make substantial progress with the new executor or whoever is going
to be in control, it can come down at a later date. He said he doesn?t see any
point of taking it off right now. He said he would be glad to talk with Mr.
Pugh to see what kind of progress he has made, if any. He said it?s not going
to be taken down within the next 30 days.
Ms. Wiggins, in response to City Attorney Fay, said it will be on second
reading on next week and said after that they are going to give it to their
demolition contractor and he does his own scheduling; therefore, she can?t say
it wouldn?t come down within 30 days.
City Attorney Fay then said he would recommend that we put at least a
30-day hold on this matter so that he can at least get together with Mr. Pugh.
Councilor Allen said we could either do it administratively or take action
at this Council and give them at least 30 days. He said it would prefer to
leave it on the list and do it administratively.
Councilor Hunter said since Ms. Harris has retained an attorney he would
like to have the benefit of her attorney addressing the Council and letting us
know in his opinion, how long this process is going to take. He said he knows
that Ms. Harris has spoken today, but said because she has hired an attorney
and said that is what her attorney is supposed to do, speak on her behalf. He
said he wouldn?t have a problem with continuing it for one week in order to
allow him to be here to address the questions that the Council has. He said her
attorney would probably have a better idea as to where we are, time wise with
this process.
Ms. Wiggins said Mr. Pugh?s letter indicates that they plan to have here
appointed as executor within the next 30-days. She said his letter was dated
August 13th. She said we could ask Mr. Houser Pugh to be present here at next
week?s Council meeting.
Councilor Hunter said apparently Ms. Harris has retained him and he is her
mouthpiece and he better than anyone else can let us know what?s going on.
City Attorney Fay then asked Ms. Wiggins to ask Mr. Houser Pugh to be
present at next week?s Council meeting.
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Harold McBride, 480 Timberlane Drive came forward to address the property
at 360 Marlboro Avenue. He said he purchased this piece of property
approximately six months ago and said he spoke with Ms. Wiggins and told her he
was planning on fixing it up for one of his children. He said he told her that
he would be leaving the country to go to Nigeria for about 30 days and he would
fix the house. He said he sold another lot on Timberlane Drive to acquire the
cash to fix the house and when he came back home, he had a letter in the mail
stating that they were recommending that his house be torn down.
Mr. McBride said he is here today asking for time to fix his house.
Councilor Henderson asked Mr. McBride if he knew that his house was on the
demolition list when he purchased it. Mr. McBride said he didn?t know that. He
said the attorney didn?t tell him that when he purchased.
Councilor Henderson asked if there is any legal requirement from one owner
to notify a prospective purchaser that the house is currently on the list for
demolition.
Ms. Rebecca Wiggins said when the condemn something they put it on a list
pending and said a title search would revealed that it was already under
demolition notice. She said the attorney who handled this for the prior owner
was well aware that this was on a demolition list.
After some discussion on this subject, with Mr. McBride responding to
questions of the Council, City Attorney Fay then said if there were no motion
of the Council, the property would remain on the demolition list. There was no
motion from the Council.
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Mr. Vincent L. Owens, 14567 Breckenridge Drive, Upatoi, Georgia said he
owns the property at 426 Mellon Street and said he purchased a permit to do the
work on the house in 2005. He said in between 2005 and the present time, the
property was 75% completed and said it was vandalized. He said he called the
police and they came out and addressed it with them and they told him that they
didn?t have enough manpower to patrol this area.
He said he spoke with Ms. Wiggins and she informed her that the things
that had gone on were not her problem, which he doesn?t have any problem with
that. He said he is here today with a plan to let you know that by the meeting
in December, he can have the house fix, completed and rented out.
He said he is asking for a 90-day extension and said he is willing to give
monthly progress reports and updates to the Council in an effort, not only to
boost the living conditions in low-income neighborhoods, but also to help
beautify Columbus. He said that house that you see now, is what has happened
when the vagrancy are allowed to go into taxpayers property and demolish it. He
said he had $2,100 worth of electrical work that was done on the house, all new
plumbing, which they took the cooper out. He said this was done three times and
when they called the police that was the response that he got, that they don?t
have enough police officers.
Mr. Owens said he would ask that you give him until December to bring that
property up to standard and make it a livable, quality residence for some
low-income person.
Councilor Allen said he did speak with Mr. Owens on last week and said he
feels that he has made a good effort and some vandals have taken some of the
property that he has installed; therefore, he would like to ask the Council to
give him the 90-days and then so moved. Seconded by Councilor Hunter.
Mayor Pro Tem Turner Pugh said she believes that Mr. Owens has good
intentions, but said when she looks at the chronology of what has taken place
since December 2006 and no real progress has been made, even with the vandals
stealing the cooper, there should be something that we can hang our hat and say
he does need additional time, but said right now she doesn?t see it.
Mr. Owens said he has been going through this process over a week or two
trying to get everything in line and when he went down on yesterday to get the
permit and get things finalized, he found out that you can no longer pull
permits on your own investment property and do the work. He said he has a
contractor on standby to get this work done. He said he does construction work
himself, and is preparing to take the general contractor?s license to ensure
that whatever he does is done within standards and within code. He said he was
not able to get the permit.
He said he understands exactly what Mayor Pro Tem Pugh is saying, but he
asks that you not judge him about what it looks like on paper from yesterday.
After continued discussion on this matter, with Mr. Owens responding to
further questions of members of the Council, the question was then called on
the motion to grant Mr. Owens an additional 90-days to bring his property up to
standards, which resulted in an inconclusive vote. Voting for the motion was
Councilors Allen, Davis, Hunter and McDaniel. Voting against the motion was
Councilors Anthony, Baker, Henderson and Mayor Pro Tem Turner Pugh.
City Attorney Fay said there was no official action on this matter and
said it will stay on the demolition list unless someone makes a motion on next
week to change that.
Councilor Allen then explained to Mr. Owens that this matter will be
carried over until next Tuesday?s Council meeting and the two Council members
who are absent on today should be present on next week and hopefully, we should
be able to get six votes one way or the other; whether it stays on the list or
if you will be grant 90-days. He said on next week he would make the same
motion and we will vote again; thereby you will have one more chance to get
your 90-days.
After more than thirty-five minutes of discussion on this subject, this
matter was concluded after members of the Council expressed their further views
on this property.
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Mr. Annais Hassell, 222 Day Lake Drive, Midland, Georgia came forward
to speak to the property located at 1114 Wynnton Road, Word of Truth Church of
God In Christ. He said this particular church; Word of Truth Church of God In
Christ left that property in 2000. He said there is now another ministry in an
adjacent building beside it and they are in the process of expanding.
He said the Pastor of that church was out of town and he was not able to
contact him to be here, but said that building is to be demolished. He said he
and the other Pastor would be taking care of the demolition. He said the
property is being released from them through legal channel to that particular
ministry. He said they found out that the deed is still attached to their name
and that is being transferred to them as well. He said nothing is going to be
done to that building and he would ask the Council to allow them until October
31st to get that building torn down. He said the other ministry would be
expanding across that property to do some other things with their church, which
is located right beside it at 1112 Wynnton Road.
Councilor McDaniel said this is a piece of history, this is Jessie Binns?
old grocery store, where he operated it for years and it?s a real landmark.
City Attorney Fay said it will remain on the list and said if you get it
down within the next 30 days; then Ms. Wiggins may not have to take
action.
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THE FOLLOWING ORDINANCE WAS ALSO SUBMITTED BY CITY ATTORNEY FAY AND
INTRODUCED ON FIRST READING:
An Ordinance ? Changing the time of the Columbus Council meeting on
September 4, 2007 from 5:30 PM to 9:00 AM; and for other purposes.
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RESOLUTION FOR THE HOUSE OF MERCY:
Councilor Hunter said he recall hearing on the news that the House of
Mercy was taking in people during the day in order to get away from the heat.
He said they were allowing them to come there to take part in activities and
said that seems like such a tremendous thing that they did and said he would
like to have the City Attorney to prepare a resolution on behalf of the Council
just to say thank you on behalf of a grateful city for what they have done.
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PUBLIC AGENDA
MR. JAMES R. THORSEN, RE: CENTRAL RIVERFRONT
DISTRICT:___________________________________________________
Mr. James R. Thorsen, who has been before the Council on several occasions
to speak to the subject of the Central Riverfront District once again came
forward to address this matter.
He said he would like to apologize in advance if he says some things that
may be a little redundant. He said he is back to discuss some of the things
that he talked about on last week.
Mr. Thorsen said he and his wife Patty have lived at 1236 Broadway for the
last seven years and before they decided to purchase that property and moved
into that property, they spent a long time researching that area.
He said they spent a long time looking at the businesses that were operating
down there, as well as looking at the ordinances that were involved and really
excited about that move. He said they support the Uptown Concert Series and
think it is a great benefit to the City. He said these events are over at 10:00
a.m. in the evenings and said that is one of the things that they were excited
about. He said they support outdoor caf?s and said when they moved down there;
restaurants were operating outdoors cafes. He said he think it is important for
this city when you are considering entering in a public/private relationship
that you consider your partners. He said it is his opinion, but he don?t think
that nightclubs are a suitable business for us to enter into a public/private
relationship; which is what the outdoor cafes and sidewalk cafes are.
He said he discussed the detailed guidelines that we had for outdoor
events on public and private property; which we have a current outdoors caf?
ordinance and it is in effect. He said we currently have a sound ordinance, and
an ordinance that prohibit vending on the sidewalks. He said we have good
ordinances that prevent consumption of alcohol on public property, places other
than in the outdoor cafes.
Mr. Thorsen said it seems that most of these ordinances did not seem to be
actively enforced. He said he went back again this weekend and most of the same
conditions were pretty much were in effect. He said there are police officers
down there; and said after appearing before the Council on last week, he
thought there would be some effort at discussion towards getting these
businesses in compliance with the ordinances.
He said he don?t understand why it is that the 1000 block is treated so
much differently than the 1200 block. He said they have three nightclubs in
the 1200 block and are getting ready to have a fourth one there. He said all of
those nightclubs in the 1200 block comply with all of the ordinances that he
has spoken about; however, the 1000 block is completely differently.
Mr. Thorsen spoke for some twenty minutes in expressing his concerns
regarding this subject. He said he is confused because he doesn?t understand
why it is that ordinances are effective in one part of the city and not
effective in the other part of the city. He said his question to this Council
today is it the intent of the Council that these ordinances be ignored and left
un-enforced.
City Manager Hugley said he has not had an opportunity to review the
proposed ordinance that is being worked on. He said he knows that Uptown
Columbus and BID, as well as the staff in the Revenue Collection Division had
worked on this ordinance. He said he has not seen a copy, but said it will go
through the normal process and when that ordinance is finally drafted, it will
go through the process and we will put it on a Work Session Agenda. He said
will share with you what?s in the proposed ordinance and you will have the
opportunity, as always to have input, as well as the public will have an input
and then it will be put on first reading.
He said it hasn?t gone through the process yet, but it will. He said it
may or may not stay as proposed. He said the staff might want to make some
changes and certainly when it gets to the Mayor and Council you may want to
make some changes. He said we would bring it forward at the appropriate time.
Several members of the Council then expressed their views regarding this
matter, with City Manager Hugley responding to those concerns of the Council.
He said we have our regular patrol officers working Uptown on the weekend and
then they hire off-duty officers and said he believes they are working hard to
try and enforce the law. He said they had a special operation down there
sometime ago where numerous people were arrested for underage drinking and a
number of other different charges. He said the police officers know the
ordinance and he thinks that they are enforcing the ordinance to the best of
his knowledge.
Mr. Thorsen said they have made a number of citations, but said those are
citations of individuals who are acting irresponsibly when they attend these
events down there, but no businesses have been cited for any of these
violations and what he is here discussing is the current ordinances that apply
to these businesses that are not being enforced.
City Manager Hugley said he had lunch with the President/CEO of Uptown two
weeks ago and talk to him on a regular basis and said none of these concerns
have been mentioned by the President/CEO of Uptown and none of these concerns
have been mentioned by the President/CEO of the Business Improvement District.
He said he will have to talk with them and will certainly inquire with the
Police Chief. He said they have not expressed any concern about people grilling
in the middle of the sidewalk.
After continued discussion on this subject, Mayor Wetherington stated that
he will talk with the Police Chief and we will see if the law is being violated
and will see about enforcing it.
Councilor Anthony then asked if we have a residence association, people
who are residents; are they represented in an organization or do they have
their own organization.
Mr. Thorsen said he is currently the only owner-occupied resident down
there. He said there are two other large developments down there. He said he
doesn?t know anyone else who lives in either of those and he is not permitted
to enter into those buildings because they are gated communities. He said he
doesn?t have any way to contact those residents to see what they may or may not
desire.
After further discussion, Councilor Baker asked the City Manager to have
the Police Department to work with the Business Improvement District and Uptown
Columbus and notify the vendors and businesses down there again of what the
ordinances are and let them know to please do their best to comply with the
ordinances.
This matter was then concluded after more than forty-five minutes of
discussion.
MS. ETHALYN KIRBY, RE: REQUESTING THAT COUNCIL AMEND THE INDECENT
EXPOSURE ORDINANCE TO INCLUDE A PROHIBITION ON PANTS BEING WORN TOO
LOW:__________
Ms. Ethalyn Kirby, 4129 Willis Street said she is here this morning
regarding a matter that thousands of people are talking about, but no one has
stepped up to the plate to see what we can do about it. She said it is the
matter of indecent exposure with saggy pants. She said she wants to make it
crystal clear that sagging pants is one thing, but indecent exposure is
another. She said for there are those with sagging pants, but they cover their
indecent exposure with a long top garment and said in studying these matter she
would hope that the Council look into all of these aspects.
She said it is here deepest feeling that this trend represents a lack of
self-esteem and also a lack of knowledge, even health-wise because in
developing a young man?s own God given walk, it?s also a cry for help and says
a lot about our city and how we feel about it?s moral decaying.
Ms. Kirby said it?s a matter that?s getting out of hand and it?s more so
in certain areas than others, but it?s also a growing rapid problem. She said
her concern of this has been to the extent that she has discussed this matter
with community leaders. She said the Urban League has offered its support to
educate the public on this matter and she does have the support of her Pastor,
Valeria Allen Thompson of Revelation Missionary Baptist Church.
She said she comes to the Council this morning that you would amend the
indecent exposure ordinance and boldly take some action and do something; if
it?s nothing but a fine or community service or making parents accountable in
some way. She said other cities have taken a stand on this and you can study
what they have also done.
Ms. Kirby said she thinks it?s better for the law to say pull up your
pants than for elders and other citizens? lives to be jeopardized by having to
say so. She said she is hoping that future generations will not say that in our
chamber of our time that we did nothing but talk and looked down upon those
whose character could have been modified through law or concerned citizens and
organizations input and help, as well as keeping our city beautiful in every
aspect.
Mayor Pro Tem Turner Pugh said she would like to thank Ms. Kirby for
coming forward with this. She said she has had some discussion with our City
Attorney and Clerk of Council and said Ms. Washington is going to try to find
out from the National League of Cities and the Georgia Municipal Association
what other cities, or if there are ordinances in place that address this
matter. She said even if we can?t do something locally, there is a possibility
that we may have to take something to our State legislators. She said she just
want you to know that you are not in that fight alone, as she had two
constituents who called her after they had been to Shirley Winston Park on
Saturday about the young men and their pants down low; some of them almost down
to their knees. She said there was one young man who was doing community
service by court order working at Shirley Winston Park. She said she guess we
don?t have a dress policy with the Parks & Recreation Department as it relates
to our recreation centers.
Mayor Wetherington said he would like to commend Ms. Kirby for coming down
and making us aware of that. He said we are aware of that, but said it?s good
to have the exposure that we know you are supporting and that we need to do
something about.
Mr. Walter Gould who was seated in the audience said he would like to make
a comment regarding the subject Ms. Kirby brought forth. Mayor Pro Tem Turner
Pugh then made a motion to allow Mr. Gould be heard. Seconded by Councilor
Davis and carried unanimously by those eight members of Council present for
this meeting.
Mr. Walter Gould said he concurs with Ms. Kirby and said this is a problem
that has been going on for some time now and said we, as adults don?t seem to
be interested in doing anything about it. He said he is sure that you know the
history of these saggy pants and said if you don?t, he would advise you to find
out about it. He said one thing he thinks that the City can do in order to make
these guys wake up, is maybe put on a billboard, you can say that it is a
violation of the indecent exposure ordinance to wear your trousers in such a
way that your underwear are exposed and that violators will be prosecuted.
He said he knows that Louisiana already has an ordinance in t his regard.
He said when they see someone who is violating this law, they charge them a
$500 fine. He said $500 may be a little too stiff a fine, but said somebody
needs to wait someone up. He said he thinks one of the main problems is that
when adults who see these young men wearing their pants like that are afraid to
approach them and asked them to pull up their pants.
Mayor Pro Tem Turner Pugh said we do plan to do something, if we can
legally and said that is why she talked with the City Attorney and the Clerk of
Council and said it doesn?t make sense to bring something if we can do
something about if the State has to do it. She said that?s why she is going to
work on it.
Councilor Henderson said in the interim he think there is one thing that
we can do, and that is to set the tone. He said in any public building, any
City-owned facility, we can initiate a dress code and if anyone comes in with
their pants down showing a certain amount of underwear, then don?t let them in,
which includes recreational centers, trade center, civic center and city pools,
all the different City-owned properties. He said he would ask the City Manager
to get with our Parks & Recreation Director, Tony Adams and see if they can
come up with something that will be pal liable for the entire community.
Mayor Wetherington said we can make sure those people doing community
service, can inform the supervisor to make sure that they are dressed
appropriately.
Mayor Pro Tem Turner Pugh said she agrees wholeheartedly with Councilor
Henderson and said that was her contention with our City Attorney on yesterday
when he told her there wasn?t anything that we could do and it had to come from
the State.
She said she just find it very difficult to believe. She said if we can
stop you from smoking in City-owned facilities, that we couldn?t make you dress
right. She said she told the City Attorney to bring her something that we can
do, that you do we can do.
City Attorney Fay said he is still looking at that matter, as the Mayor
Pro Tem has noted. He said like it or not, our courts have said on numerous
occasions there is forms of nudity or amount of free expression. He said there
might be something in the dress code area that we can do and he will look into
that. He said public indecency that is a crime, which is controlled by State
law.
Councilor Henderson said the precedent has been set, the School system
already has a dress code and they don?t require uniforms; but they require that
your pants can?t be sagging and they have cited safety issues and he doesn?t
see why we couldn?t use the same rationale.
City Manager Hugley said he will pull together a team of City personnel to
take a look at an appropriate dress code and said we will present something to
you on that.
--------------------------------------*** ***
***-------------------------------
CITY MANAGER?S AGENDA:
THE FOLLOWING TWO RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY MANAGER
HUGLEY AND ADOPTED BY THE COUNCIL PURSUANT TO THE ADOPTION OF A SINGLE MOTION
MADE BY COUNCIL MCDANIEL AND SECONDED BY MAYOR PRO TEM TURNE PUGH, WHICH
CARRIED UNANIMOUSLY BY THOSE EIGHT MEMBERS OF COUNCIL PRESENT FOR THIS MEETING,
WITH COUNCILORS BARNES & WOODSON BEING ABSENT FROM THE MEETING:_____________
A Resolution (352-07) ? Authorizing the submission of an application and
if approved accept a grant of $81,740, from the Georgia Criminal Justice
Coordinating Council along with $47,515.00, from the Five Percent Crime Victim
Surcharge Fund to provide funding for Crime Victim Assistance in the
Chattahoochee Judicial Circuit.
A Resolution (353-07) ? Authorizing the submission of an application and
if approve accept federal funds to perform transportation planning activities
throughout the Columbus-Phenix City Urban area.
*** *** ***
THE FOLLOWING TWO PURCHASING RESOLUTIONS HAVING BEEN SUBMITTED WITH THE
CITY MANAGER?S AGENDA WERE SUBMITTED AND EXPLAINED BY CITY MANAGER HUGLEY AND
ADOPTED BY THE COUNCIL PURSUANT TO THE ADOPTION OF A SINGLE MOTION MADE BY
COUNCIL MCDANIEL AND SECONDED BY MAYOR PRO TEM TURNE PUGH, WHICH CARRIED
UNANIMOUSLY BY THOSE EIGHT MEMBERS OF COUNCIL PRESENT FOR THIS MEETING, WITH
COUNCILORS BARNES & WOODSON BEING ABSENT FROM THE
MEETING:_______________________________
A Resolution (354-07) ? Authorizing the approval of the annual contract with Atlantic Industrial
Services for the removal and recycling of used oil at the rate of $0.45 per
gallon, and the removal and recycling of used antifreeze at no profit to the
City. The Contractor will pay the gallon rate for the oil to the City, and
this revenue will be deposited into the Government Wide Revenue Account. The
used oil and antifreeze will be removed from the following two locations:
Fleet Maintenance, 1011 Cusseta Road and Heavy Equipment Shop, 3950 Schatulga
Road. The contract term shall be for three years, with the option to renew for
two additional twelve-month periods, contingent upon the mutual agreement of
the City and Contractor.
A Resolution (355-07) ? Authorizing the approval of payment to BellSouth
for the annual maintenance for all Cisco equipment and software license
renewals, included in the IP Telephony network in five locations: the
Government Center, Annex, Public Safety Complex, Fox Recreation Center and the
Trade Center. The annual cost of network and equipment coverage, known as
BellSouth DataCare, is $101,220.56. The BellSouth DataCare IP Telephony
Manager is a continuance of the existing Cisco/BellSouth hardware and software
maintenance purchased with the new Cisco AVVID IP Phone System through
BellSouth. The maintenance is renewable each year on or before the anniversary
date of July 1st.
Only BellSouth has a complete end-to-end solution for all voice and data issues
from both an equipment and network perspective including the BellSouth CO
(Central Office) network. Consequently, this maintenance and service is
available only through BellSouth and deemed an only known source per the
Procurement Ordinance 3-114.
A Resolution (356-07) ? Declaring vehicles and various equipment shown on
the attached list as surplus in accordance with Section 7-501 of the Charter of
Columbus Consolidated Government. The surplus items will be disposed of by
auction on August 25, 2007. Wayne Evans Auction Company, the City?s contracted
auctioneer, will conduct the auction. The equipment has either been replaced
or placed out of service due to excess maintenance cost. City departments have
had the opportunity to review these items for functional worth.
*** *** ***
GARBAGE PICKUP:
City Manager Hugley said one announcement that you are going to be seeing
on CCG-TV and we are going to send it out, as a Public Service Announcement is
one regarding garbage pickup on holidays that fall on Monday. He said we spoke
to you sometime back about what our plan will be. He said he would like to
provide this information to you today.
He said the Columbus Consolidated Government has incorporated a holiday
schedule for garbage collection on the holidays listed below for FY-2008: Labor
Day, Monday, September 4, 2007, Columbus Day, Monday, October 8, 2007, Veterans
Day, Monday, November 12, 2007, Martin Luther King Birthday, Monday, January
21, 2008, Memorial Day, Monday, May 26, 2008. He said for the holidays listed
above only, we will alter our services and make up Mondays missed pickup by
collecting Mondays route on Tuesday and Tuesday?s route on Wednesday. He said
we would resume normal pickup on Thursday. He said normally Wednesday is a day
for maintenance and servicing of vehicles for Public Services waste collection.
City Manager Hugley said that would start Labor Day, which is September
3rd and the pickup will start on Tuesday, September 4, 2007.
*** *** ***
SEPTEMBER 4TH COUNCIL MEETING:
City Manager Hugley said he wanted to remind the Council that we had an
ordinance on the City Attorney?s agenda, which was on first reading today, to
change the September 4th meeting from a night meeting to a morning meeting, for
this tax reform and reality check that?s going to be here at Columbus State
University on September 4, 2007 from 4:00 p.m. ? 6:00 p.m.
*** *** ***
TAX ALLOCATION DISTRICTS:
City Manager Hugley said he has some tentative dates that have been set by
Columbus State University for the educational forum meetings on the Tax
Allocation Districts that are going to be on the ballot for November 6, 2007.
He said, as you know CSU agreed to provide the educational forums; and said
they will be educating only, not taking a pro or con position, but educating
and answering questions.
He said the dates that has been set aside for these forums are August 28th
at the Council Work Session, September 24th at 6:00 p.m., September 28th at
12:00 noon, October 11th at 6:00 p.m., and October 15th at 6:00 p.m.
City Manager Hugley said they are going to bring them here in the Council
Chambers to the Work Session so that they can do that first educational forum
here during the Work Session and it will be televised and then we can
rebroadcast that for all of September & October through Election Day.
He said we would provide you location of the other sites at a later date
as we are working with the School District to identify some schools and
location where we will be able to have forums. He said we appreciate CSU?s
willingness to provide these educational forums for our citizens.
*** *** ***
INSPECTION OF BRIDGES:
City Manager Hugley said the Mayor asked him to have Engineer Director
Donna Newman to come and talk about the bridges and said he would like to take
this opportunity this morning to have her to come forward and talk briefly
about the process for inspecting the bridges and the condition of our bridges.
Mayor Wetherington said he has had a few telephone calls from inquiring
citizens who have inquired about our bridges and said he did ask City Manager
Hugley to come forward to let us know what has been done.
Director of Engineering Donna Newman said she is sure that many of you
have heard a lot of information in the news and a lot of terms used recently
with the bridge collapse that was very unfortunate. She said that was an
extremely type isolated event, because typically you don?t see a bridge fall
without some type of traumatic event. She said typically you would see them
during a hurricane, earthquakes, being hit by a barge or where there was a
tremendous accident and explosion. She said these are the most common
occurrences where you see a bridge fall.
She said there are a lot of engineering, design and safety factors that go
into designing a bridge. She said most bridges are designed in different
manners depending on what they are serving. She said she doesn?t want everyone
to panic just because of that one incident. She said that was the first time
since 1983 that it was recorded that a bridge fell without some type of other
event occurring to cause it to fell.
Ms. Newman said two terms that you might hear a lot was structural
deficient bridge, where you have a bridge that is restricted to light vehicles
because of its deteriorated structural components. She said it?s not
necessarily unsafe, but said they have limitations on them and said we do have
approximately ten (10) bridges in Muscogee County that have weight restrictions
on them. She said one of them is in Muscogee County, but it?s on Fort Benning?s
property.
She said every two years the Department of Transportation sends in
inspectors to inspect the bridges within Muscogee County and they have modeling
programs based on the defects that they see and the age of the structure, and
the design of the structure.
Ms. Newman said a bridge structure could be any type structure that stands
more than 20 feet between uncoupling or abutment; therefore, a lot of bridge
structures that you hear discussed are actually culverts. She said they may be
box culverts, but are not actually expanse bridges that are open; and are
typically over creeks and highways. She said there are a lot of different
deficiencies in a bridge structure.
She in 1999 the City included as part of the sales tax, they included
funds for bridge repair; and what they have done with some of those funds is
that in 2004, they spent $91,300 on a culvert on Schatulga Road where there was
a problem with the wing wall coming off. She said they had to go in and make
those repairs, which also included a major sanitary line that was attached to
the wing wall and we had to safe that up.
Ms. Newman said also in 2004 they put together a contract to make minor
repairs to some of the bridges and one of them included the Dillingham Street
Bridge where they made some cosmetic type repairs, to replace some of the
balance. She said they spent $473,000 on fourteen (14) bridges.
She said in 2006, they replaced the bridge on Green Island Drive over
Standing Boy Creek and that was done at a cost of approximately $1.1 million;
the entire structure was replaced.
Ms. Newman said as part of that same contract that spent $155,000 making a
repair to a column on the Cusseta Road Bridge over Bull Creek.
She said they do currently have funds available that are still portions of
that
1999 Sales Tax, about $300,000 that they will utilize over the next year to
make some additional repairs to some of the bridges listed in their report. She
said when they receive this report, what they initially do is send a copy over
to our Public Services Department and they go out and review each bridge to
determine what they are capable of doing in-house and then they send a report
back to her and those things that they can?t handle, which are typically
structure type issues, we then see if we have funds available, and if so; we
contract those out to make those repairs.
Mayor Wetherington then asked Director of Engineer Newman, in her opinion
if the bridges in Muscogee County are relatively safe, to which she said that
they are.
After the conclusion of her presentation, Ms. Newman then responded to
questions of members of the Council.
--------------------------------------*** ***
***--------------------------------
CLERK OF COUNCIL?S AGENDA:
CLERK OF COUNCIL SUBMITTED THE FOLLOWING ITEMS WASHINGTON AS INFORMATION
FOR THE MAYOR & COUNCIL: ________________________________________________
(1) Constitutional Challenge submitted by Mr. Steven Greenberg regarding their
application of Southeast Towers, LLC, for a Special Exception Use (SEU0704-1).
*** *** ***
THE FOLLOWING TWO RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CLERK OF
COUNCIL WSAHINGTON AND ADOPTED BY THE COUNCIL: ________________________________
A Resolution (357-07) ? Excusing Councilor Jerry ?Pops? Barnes from the
August 14, 2007 Council Meeting.
A Resolution (358-07) ? Excusing Councilor Woodson from the August 14,
2007 Council meeting.
Mayor Pro Tem Turner Pugh moved the adoption of the resolutions. Seconded
by Councilor Allen and carried unanimously by those eight members of Council
present for this meeting.
*** *** ***
BOARD OF HONOR:
Clerk of Council Washington submitted a letter submitted by Ms. Ann
McDuffie requesting that the proposed new Youth Skate Park, which is scheduled
to be built at South Commons, be named in memory of Jonathan Hatcher, who
served as the President of the Youth Advisory Council.
She said this request would need to be referred to the Board of Honor.
Councilor Henderson made a motion that it be referred to the Board of Honor.
Seconded by Councilor Baker and carried unanimously by those eight members of
Council present, with Councilors Barnes and Woodson being absent from the
meeting.
*** *** ***
THE FOLLOWING TWO TEMPORARY STREET CLOSING APPLICATONS WERE SUBMITTED BY
CLERK OF COUNCIL WASHINGOTN AND APPROVED BY THE COUNCIL:____________
Application of Mr. Richard Bishop to temporarily close the 1100 block of
Broadway on Friday September 14, 2007 from 4:00 p.m. until 2:00 a.m. on Sunday
September 16, 2007, as well as the 1000 Block of Broadway until Saturday at
2:00 a.m.; and 11th Street from 6:00 p.m. until 2:00 a.m. on Sunday for
pedestrian safety in connection with the Southern Cruisers event.
Application of Mr. Richard Bishop to temporarily close Broadway from 10th
to 11th Street and 11th Street from Front Avenue to 1st Avenue on Friday
October 5, 12, 19, & 26, as well as November 2, 9, & 16, 2007 from 6:00 p.m. to
11:30 p.m. for pedestrian safety in connection with the Uptown Columbus Concert
Series.
Councilor Allen moved the approval of these two applications. Seconded by
Councilor Baker and carried unanimously by those eight members of Council
present for this meeting, with Councilors Barnes and Woodson being absent.
*** *** ***
MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL
WASHINGTON AND OFFICIALLY APPROVED BY THE
COUNCIL:_______________________________
Board of Elections & Registration, July 12, 2007.
Board of Tax Assessors, No. 30-07.
Development Authority, April 26, 2007.
Development Authority, May 3, 2007.
Development Authority, May 15, 2007.
Councilor Allen made a motion to receive the minutes. Seconded by
Councilor Henderson and carried unanimously by those eight members of Council
present for this meeting, with Councilors Barnes and Woodson being absent.
BOARD APPOINTMENTS:
EMPLOYEES?S PENSION BOARD OF TRUSTEES:
Clerk of Council Washington pointed out that the term of office of
Mr. Robert Futrell, who serves as the Public Safety representative on the
Employees? Pension Board of Trustees term of office expired on June 30, 2007,
but that he is eligible succeed himself for another term of office.
She said the Mayor is working on this recommendation.
She said Mr. Harvey Milner, who serves as the City Employee Representative
is not eligible to succeed himself and that the City Manager is working a
replacement for this position.
*** *** ***
YOUTH ADVISORY COUNCIL:
Clerk of Council Washington pointed out that the Mayor and Council must
nominate someone from their respective districts for the 2007? 2008 school
year. She said we still need nominations for Council Districts 4, 5, 6, 7, 8 &
10.
*** *** ***
SAGGY PANTS:
Clerk of Council Washington said with respect to the issue that Ms. Kirby
appeared before the Council on as it relates to saggy pants, said that she has
contacted the National League of Cities, as well as the Georgia Municipal
Association and said they will be doing some research on that issue for us.
*** *** ***
With there being no other business to come before this Council, Mayor
Wetherington then asked if there was anyone from the audience who had an issue
to come before the Council, they could be heard at this time. No one came
forward to be heard.
*** *** ***
CONSTITUTIONAL CHALLENGE:
Regarding the Constitutional Challenge that was filed with Clerk of
Council Washington, Councilor Baker asked City Attorney Fay if that is
something that he is looking at and is that something that we need to be aware
of.
City Attorney Fay said we are aware of the challenge and respectfully
disagree with the opinion about the action being unconstitutional. He said we
think that our 300-foot restriction is a reasonable constitutional standard and
that is the one in our ordinance until a court tells us otherwise; we feel it
is a reasonable standard.
Councilor Allen asked City Attorney Fay if he has responded or does he
plans on responding to this letter.
City Attorney Fay said their recourse is to go to Superior Court since
this body has taken action. He said they could make any argument they want to,
if they file an appeal on the matter. He said they might look for another site.
He said there will not be any response from them, and said if they want to file
an appeal, he will address it then.
Councilor Allen said he wants to remind the City Attorney that there were
four Council members who were out and to ask for reconsideration, it would have
to come from those councilors who were present that day.
He said he did ask the gentleman about a stealth tower; therefore, they did
have an option to put a different type of tower there. He said it wasn?t like
we shut them down altogether; we just didn?t want that particular tower on that
particular location.
*** *** ***
Ms. Carolyn Cheney, 2063 Mason Street said she is here today to ask
someone on the Council to notify the Police Department that every time she has
called them to get a house watched, she has never received a house watch. She
said she has gone to the Sergeant?s office that is over the patrol division and
he has informed her that they have only five patrol cars for the whole south
side. She said she has sat back and tried to wait until things got better, but
said they haven?t gotten any better. She said she called as recently as July
27th for a house watch because they had a break-in on July 26th.
She said she did see one patrol car go down Bragg Smith Street since then. She
said she understands that they have a shortage of police officers.
Mayor Wetherington said he would mention that to the Police Chief about
her concerns.
*** *** ***
Ms. Ollie Tarver, of Ollie Tarver Ministries said she is thankful to God
for what he has already done for our City and said we are not shortcoming of
anything. She said he is still Lord and he is still in control.
She said on April 17th as she attempted to walk out of her house to attend
the Mayor?s Prayer Breakfast, her Cadillac was stolen and she immediately
called the Police Department and the insurance company and the Lord gave her as
she stepped out into the street in front of her house, the Lord placed a song
on her heart, ?The Lord Reigns?. She said at 10:20 a.m., the Police called her
and told her that her car was still running off of Old Cusseta Road and Conner
Road. She said thanks to the Police Department and Mr. Lee who reported her
car. She said she spoke to the Police Department at a later date to see if they
had found out who stole the car, but they had not.
Ms. Tarver said she agrees with our Chief of Police that this is a safe
city and it is safe because of God?s people who have done all the things that
have to be done. She said all of the gangs and all the work of the enemies are
a thing of the past, because this is our city and we are taking it back for
God.
With there being no other business to come before this Council, Councilor
Henderson then made a motion to adjourn. Seconded by Councilor Allen and
carried unanimously by those eight members of Council present for this meeting
with the time being 10:50 a.m.
*** *** ***
Tiny B. Washington, CMC
Clerk of Council
The Council of Columbus, Georgia
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