MINUTES
COUNCIL OF COLUMBUS, GEORGIA
REGULAR COUNCIL MEETING
SEPTEMBER 23, 2014

The regular meeting of the Council of Columbus, Georgia was called to order at 5:37 P.M., Tuesday, September 23, 2014, on the 2nd Floor of the Citizens Service Center, located at 3111 Citizens Way, Columbus, Georgia Honorable Teresa Tomlinson, Mayor, presiding.
*** *** ***
PRESENT: Present other than Mayor Teresa Tomlinson were Mayor Pro Tem Evelyn Turner Pugh, Councilors R. Gary Allen, Mike Baker, Jerry Barnes, Glenn Davis, Berry Henderson and Judy Thomas. City Manager Isaiah Hugley, City Attorney Clifton Fay, Assistant City Attorney Lucy Sheftall, Clerk of Council Tiny Washington and Deputy Clerk of Council Sandra Davis were also present. Councilor Evelyn Woodson took her seat at the Council table at 5:37pa.m.
*** *** ***
ABSENT: Councilors Bruce Huff and Charles E. McDaniel Jr. were absent.
*** *** ***

INVOCATION: Led by Reverend Franklin Smith, Pastor - Hopewell Baptist Church
*** *** ***

PLEDGE: Led by Cub Scouts Pack #54.
------------------------------------------*** *** ***-----------------------------------

MINUTES OF COUNCIL MEETING: Minutes of the September 16, 2014 Special Called Council Meeting of the Council of the Consolidated Government was submitted and approved by the Council pursuant to the adoption of a motion made by Mayor Pro Tem Turner Pugh and seconded by Councilor Allen, which carried unanimously by those eight members of Council present for the meeting, with Councilors Huff and McDaniel being absent.
------------------------------------------*** *** ***-----------------------------------
CITY ATTORNEY’S AGENDA:

THE FOLLOWING ORDINANCE, WHICH WAS AMENDED BY THE COUNCIL ON LAST WEEK WAS AGAIN SUBMITTED AND EXPLAINED BY CITY ATTORNEY AND ADOPTED BY THE COUNCIL ON SECOND READING:_________________________ ___________________

An Ordinance (14-50) –Repealing “working spouse” eligibility for coverage in the Columbus Consolidated Government Employee/Retiree Self Funded Medical Benefit Plan conditioned upon payment of a monthly unsubsidized working spouse surcharge approved by the Finance Director based upon benefit consultant recommendations; replacing applicable chart in FY15 Budget Ordinance; and for other purposes.

Mayor Pro Tem Turner Pugh moved the adoption of the ordinance. Seconded by Councilor Allen and carried unanimously by those eight members of Council present for the meeting, with Councilors Huff and McDaniel being absent.

*** *** ***

THE FOLLOWING ORDINANCE WAS ALSO SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY AND ADOPTED BY THE COUNCIL ON SECOND READING:__ ______________

An Ordinance (14-51) –Repealing Ordinance No. 99-21 so as to replace existing Personnel Review Board Policy 220-505 with a new policy which shall be designated as Policy Number 220-505 and for other purposes.

Councilor Barnes moved the adoption of the ordinance. Seconded by Councilor Allen and carried unanimously by those eight members of Council present for the meeting, with Councilors Huff and McDaniel being absent.

*** *** ***

AT THE REQUEST OF CITY ATTORNEY FAY, THE FOLLOWING REZONING ORDINANCE WAS CALLED UP AS THE NEXT ORDER OF BUSINESS AND A PUBLIC HEARING WAS HELD ON THE ORDINANCE AS ADVERTISED:________ _________

An Ordinance – Rezoning property located at 4015 and 4019 Forrest and 4100 Taylor Drive from an NC (Neighborhood Commercial) Zoning District to GC (General Commercial) Zoning District. The proposed use is for general retail. PROPONENTS & OPPONENTS:

No one, including the petitioner came forward to speak for or against this proposed rezoning ordinance.

Mayor Tomlinson asked City Attorney Fay to call this matter up again at the end of his agenda in the event the petitioner may come in later in the meeting.

*** *** ***

THE FOLLOWING TWO ZONING ORDINANCES WERE ALSO SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY AND A PUBLIC HEARING WAS HELD ON EACH AS ADVERTISED, WITH A CONSIDERABLE AMOUNT OF DISCUSSION:_____ __________________ An Ordinance – Rezoning Property located at 1042 Manchester Expressway
from an RMF1 (Residential Multi-Family 1) Zoning District to a GC (General Commercial) Zoning District. The proposed use is for a grocery store with gas sales and a shopping center.

PROPONENTS:

Mr. Matt Sasser, said he is here representing the petitioner, Frank Meyers Development out of Atlanta, Georgia. He said they currently have under contract the old Daniel Middle School property on Manchester Expressway and are proposing to demolish the school and replace it with a 41,000 square feet Walmart grocery store. He said it is not the Walmart Super Center that you are familiar with, but said it is truly a typical grocery store that you have in Columbus. He said they are also proposing 10,000 square feet of shops, along with a fuel station and a kiosk out on the front corner.

He said as far as road improvements, they are proposing to widen Earline Avenue which is adjacent to them, to a 3-lane road; to provide a left-hand turn lane; and propose to signalize Earline Avenue at Manchester Expressway. He said they will also have to right-in, right-out driveways into the front of their project, off of Manchester Expressway with decel lanes. He said the DOT has asked then to put a continuous medium through Manchester Expressway with left-hand turns.

Mr. Sasser said also present with him is the Engineer, Mr. Todd Barnett.

After the conclusion of his presentation, Mr. Sasser and the Director of the Department of the Planning Department, Mr. Rick Jones then responded to questions of members of the Council.

Councilor Thomas asked if there was a historical marker on that property about Mr. Roland B. Daniel School; for whom the school was named. Mr. Jones said he couldn’t recall if there was a historical marker or not, but said they would certainly be glad to check into that.

Councilor Thomas said she travels that road fairly regularly and said it seems to her that there was one. She said if there was one would it be preserved, as she doesn’t know the regulations are on those historical markers.

Mr. Jones said typically, it would be preserved and said he will check with the School District, as they may have already removed it.

Mr. Sasser went into further details in explaining to Councilor Thomas as to how the 3-lanes would be done in conjunction with this rezoning.

After some twenty-five minutes of discussion on this proposal, and Mr. Sasser responded to further questions of the members of the Council, an opportunity was afforded to allow those to be heard on this proposal.

Mr. Pat Elliott, 3010 Fleetwood Drive came forward and said he supports this rezoning and believes it is a good idea. He also advised that he owns property located at 1059 43rd Street; and said at the back of the store there is going to be garbage cans, trucks, and heavy traffic; therefore, he would like to ask, if possible, if there could be a fence or something to separate the back of the properties on 43rd Street from the back of the Walmart store. He said he thinks it is a good idea, but he wants to make sure there is a buffer and to also make sure that the water run-off does not come across the properties that are on 43rd Street.

Mr. Rick Jones said there is a requirement for a buffer that surrounds this property. He said anytime there is a request for something near a residential area, they would need to make sure there is a buffer in place. He said the area where the put the dumpsters, they will have to make sure that it doesn’t interfere or impact any adjoining property.

Mr. Jones, in response to a question of City Attorney Fay said the option is part of the buffer requirements in the ordinance, which is in a Category “C”. He said they have three options in this category, where they could go with a 20 feet with a certain amount of canopy trees; and could even go down to 10 feet, providing that they plant some ornamental grasses and really protect the area. He said they could do a 30-foot undisturbed natural buffer; which he doesn’t think can be put into place for this property.

After Mr. Jones responded to the concerns of Mr. Elliott, he also responded to questions of members of the Council. Mr. Sasser, as well as the engineer,
Mr. Todd Barnett responded to questions of the Council.

City Attorney Fay then asked if there was anyone else who wanted to be heard on this matter, but there were none.

After more than forty-five minutes of discussion on this subject, with the public hearing be concluded, City Attorney Fay then asked the Council if they wanted to bring the second reading items back on the Consent Agenda on next week, or would they want to go to a regular meeting in October.

He said he could bring the second readings on the Consent Agenda, as he normally does. There were no objections expressed.

*** *** *** An Ordinance – Rezoning property located at 645 Brown Avenue from an RMF1 (Residential Multi-Family 1) Zoning District to GC (General Commercial) Zoning District. The current and proposed use is for a convenience store with gas sales.

PROPONENTS:

The petitioner, who requested this proposed rezoning request was not present for the public hearing.

*** *** ***

OPPONENTS:

Ms. Gloria Warwick, along with approximately 15 to 20 of her neighbors was present to oppose this proposed rezoning request. She said they were here at the Council meeting back in 2006 for the same reason they are here today; to oppose changing this property from multi-family /residential to commercial. She said the property that you all want to change, there is so much going on there; people are breaking into the residents’ cars, shootings, and etc.

She said it is a bad area at the store, and there is everything that goes on over there. She said the police come by there, but they don’t seem to do anything. She said they would like for their neighborhood to stay just like it is, residential, and no commercial.

Ms. Warwick said she did not receive a letter regarding this rezoning, but she later found out about it on Sunday evening and she has called all the Council members to let them know how she feels about this matter.

After Ms. Warwick expressed her and her neighbors’ concerns, Mr. Will Johnson then responded to questions of Mayor Tomlinson and members of the Council.

Councilor Barnes said this used to be his district and said he used to have to consistently call the Chief of Police to monitor this area. He said we have to be the eyes and ears for the police. He said this area stays crowded with individuals loitering there, which is against the law. He said people are afraid to come out of their house and said that shouldn’t be.

Several members of the Council asked several questions regarding this proposed rezoning request with Mr. Will Johnson responding to further questions and concerns of the Council.

Mayor Tomlinson said she is somewhat surprised that this would meet the comprehensive plan for general commercial. She said she thinks this might be on of those that were left over from when we were going to industrialized everything on that side of town because of AFLAC; and office space was coming in. She said this is very heavily; very densely residential. She said that it would be appropriate for neighborhood commercial. She said it is odd that it would be consistent with the comprehensive plan for general commercial. She said that it deeply embedded into a neighborhood.

Mr. Will Johnson said he and Mr. Jones just talked about that a few minutes ago and said that is something that they are going to go back and take a look at.

Mayor Tomlinson said she thinks that we should because that area in the future could have something wonderful happen, with the Brown Avenue Bridge opening up and the great opportunities with all the land that the School District owns for something wonderful to happen there that build the community up. She said having that general commercial there would be inconsistent with that.

After discussion concluded on this subject matter, there were some referrals made by the Mayor and Council, as listed below.

Mayor Tomlinson asked that Mr. Seth Brown, Director of Crime Prevention get together with Councilor Barnes, the Chief of Police as well as her office so that we can look at creating a Neighborhood Association.

Councilor Woodson said she would also like to send a referral to the Health Department, as well as provide a copy of the reports of the various calls that have been made to the Code Enforcement Department.

City Attorney Fay then asked if there was anyone else who wanted to be heard on this matter, but there were none. He said normally with so much opposition, they would not put that on a Consent Agenda; and then asked, what was the pleasure of the Council?

Mayor Tomlinson said she would say no, because normally if the applicant doesn’t show up, we don’t carry it over to second reading. She said we have done this several times before.

City Attorney Fay said he is properly on first reading and unless we get a withdrawal, we will need to bring it back at some point. He said under our Unified Development Ordinance, he thinks that we need to bring it back for a vote.

City Attorney Fay said we will bring it back at our regular meeting in October.

*** *** ***

THE FOLLOWING TWO ADDITIONAL ZONING ORDINANCES WERE SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY AND A PUBLIC HEARING WAS HELD ON EACH AS ADVERTISED:__ _____ An Ordinance – Rezoning property located at 511 Illges Road from an LMI (Light Manufacturing/Industrial) Zoning District to GC (General Commercial) Zoning District. The current and proposed use is for personal services. PROPONENTS & OPPONENTS:

The petitioner was present, but he did not make a presentation, as there was no one present to oppose this proposed rezoning ordinance.

*** *** ***

An Ordinance – Rezoning located at 906 Amber Drive from an NC (Neighborhood Commercial) Zoning District to GC (General Commercial) Zoning District. The proposed use is for general retail. PROPONENTS & OPPONENTS:

Attorney George Mize was present representing the petitioner, but he did not make a presentation, as there was no one present to oppose this proposed rezoning ordinance.

*** *** ***

THE FOLLOWING ZONING ORDINANCE WAS ALSO SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY AND A PUBLIC HEARING WAS HELD AS ADVERTISED WITH AN APPROXIMATE ONE HOUR OF DISCUSSION BEING HELD ON THE MATTER: _____ ______________

An Ordinance – Rezoning property located at 7260, 7300, and 7400 Blackmon Road are proposed for rezoning from RE1 (Residential Estate 1) Zoning District to GC (General Commercial) Zoning District. The proposed use is for a grocery store with gas sales.

PROPONENTS:

Mr. David Kirk, FAICP, Land Use Attorney with Troutman Sanders LLP, 600 Peachtree Street, Atlanta, GA. came forward and gave a brief overview of the proposed development, and how this fits into the land use plan, as well as gave some specifics about the grocery store, and the proposed traffic improvements that will be made to the site; as outlined below during his presentation.

He pointed out that also present with him was Mr. Kai Burk, P.E., Project Engineer, of Kimley-Horn and Associates, Inc., and Mr. Ben Billings and Mr. Tracy Billings – Property Owner.

Mr. Kirk should the map of the Site Location with Surrounding Zoning & Land Uses. He also showed the future Land Use Map for Site.

Site Plan for Proposed Development
Mr. Kirk said they have a 42,000 square foot grocery store, and 25,000 square feet of additional development, to include a gas station, and a restaurant outparcel.

The Shops at Blackmon Village
What is a Walmart Neighborhood Market?
Grocery Store centered around: Strong focus on:
Mr. Kirk said it is not a Super Center, nor is it a miniature Super Center, but it is simply a grocery store. He said these was started by Walmart in the late 1990s and there are approximately 400 of them nationally at this time. He said we have started putting these in Georgia within the last few years and have been very well received in communities like Snellville, Marietta, Dunwoody, Lawrenceville, Alpharetteza, and the Metro Atlanta area, as well as elsewhere in the State. He then showed photos of what a Walmart Neighborhood Market looks like.

He then showed a map of the Site Plan showing the traffic improvements they are proposing with the proposed zoning request, as outlined below.

Proposed Traffic Improvements

Mr. Kirk said their primary focus is on the safety and the ease of access, not just for their customers for the community at large. He said it doesn’t do their development any good, if it is hard to get into or out of the area.

He also showed the Walmart Neighborhood Market – Site Plan, as well as the
Building Elevations. He said showed a rendering of what the front of the store would like, with the fuel station.

Requested Action
******************************************************************
Councilor Allen said he spoke earlier with Mr. Kirk about the concerns that was expressed to him from the residents out in the area. He said the main concerns that he has heard are traffic congestion. He said the neighborhood has a very different time in peak drive time in getting to Blackmon Road Middle School and those who have children over at the Eagle Ridge Academy who are going back and forth that way.

He said the round-about at Blackmon and Warm Springs Road has worked out beyond believe. He said it has worked out so well that he has had people to stop him at the grocery store and thanked the City for putting it in. He said what we have talked about earlier was for consideration been given to putting in a round-about in at the entrance to Walmart rather than a traffic signal, to allow the continuous flow and movement of traffic instead of having them to stop.

Councilor Allen said the main concern there is the traffic and congestion that would occur during peak drive times. He said also on the back side of the neighborhood on the east end of the property; and the options regarding the buffer that has been talked about earlier with the either presentation, said there is a undisturbed natural area that is back there and said he would like to have that maintained. He said therefore, Option 3 is the one that he would prefer that you utilize there. Councilor Allen said he would like to talk about extending that to 50-feet rather than 30-feet. He said he is not sure what your plans are on the back side of that property. He said there has been some concerns expressed about the buffer area back there as well.

Mr. Ben Billings came forward and said they have tried to take into consideration their neighbors. He said he lives in the area in Heritage Place, which they developed and said they have anywhere from 150 – 200 feet of property that they are not rezoning between this commercial development and the subdivision to protect the citizens over there. He said he really don’t think that will be a problem. He said they would like to use that as their buffer rather than to come back to the commercial and have to cut off another 30 feet on top of it.

Mr. Billings responded to further questions of Councilor Allen.

Councilor Allen said there is an opportunity for property owners to put that type of land into a land trust, which will preserve it forever and said that is what he was referring to, but said we can talk about it at another time.

Mr. Billings said he would need to get some more details on it and said he would be interested in finding out more information on it.

Councilor Allen then stated, what you are saying today is that you are not going to develop that undisturbed area now, to which Mr. Billings said no, ever.

Councilor Allen then said we don’t have to worry about expanding or extending the buffer that’s in here, but just for comfort, if we could amend the ordinance and put a condition in, that would allow it to be Item Number 3, under the buffer, which would be a 30 foot undisturbed natural buffer. He said that is the minimum.

Discussed developed on the proposal as requested by Councilor Allen. In order to clarify the matter, City Attorney Fay said the 30-foot buffer will be a part of this property rezoned.

Councilor Allen said the more important issue today is the traffic and said we will leave the undisturbed natural buffer the way it is.

Mr. Kirk said from the standpoint of the development in terms of safety and ease of access, said what they want is the option that works best; whether that’s the signalized intersection with the turn lane or the round-about. He said they are indifferent as to which one it is, as long as the one that we chose, is the safest, best alternative. He said it is his understanding that in conversations with the City engineer, we are not quite to the point of saying, this option or this option is absolutely the best. He said what they would be happy to do, if it is the will of the Council, would be to either modify the language that is in the ordinance before you, to require us to work with the engineer, or if the Council has made up its mind about what option it prefers, we can go with that tonight.

Councilor Allen said the Engineer is here, but what he would like to do, is to ask the Council to consider is to ask for an amendment. He said in the ordinance it talks about a traffic signal and said he would like to repeal that section and enter in its place, the requirements for the round-about. He said what we had talked about earlier, is the specs that they have drawn, is a150-foot round-about and what the city requires is a 130- foot round-about; therefore, he would like for it to reflect a 130-foot round-about.

City Attorney Fay then asked Councilor Allen, if he wants to make a motion to remove sub-paragraph (1) (b) about installing a traffic signal and put in installing a 130-foot round-about.

Councilor Allen then made the motion to amend the ordinance to remove the traffic section and add a 130-foot round-about. Seconded by Councilor Barnes.

City Attorney Fay said we need to get the petitioner’s input on this matter.

Mr. Kirk said he would like to allow Mr. Burk to comment on this, because he thinks if we are putting in the round-about then the turn lanes that are in the other portions of the ordinance might not be needed.

Mayor Tomlinson said we may also need to hear from our Engineer because round-about is a particular thing and we don’t know what the counts are, or if they have looked at the issues.

Mr. Kai Burk, P.E., Project Engineer, of Kimley-Horn and Associates, Inc., #2 Sun Court, Peachtree, Georgia came forward and said if we are going to replace the round-about with a traffic signal, they would remove the turn-lanes on Condition #1; however, they would remain on Condition #2 for the second project driveway. He said those conditions would need to be modified as well. He said as Mr. Kirk has mentioned, they are working with Mr. Dorsey on studying the round-about to make sure it works in this situation and said they are getting close to that. He said all of the sub-conditions, A through E, refer to turn-lanes that would be required at a signalized turn signal, but with a round-about wouldn’t be required.

Ms. Donna Newman, City Engineer said they have submitted to them a preliminary concept for a round-about; and as stated, it was approximately 150-foot. She said the ones that they have currently put in place, which are functioning today in commercial and industrial areas are approximately 130-foot and they seem to be working fine; therefore, we would like to work with them to produce that footprint. She said she would like to have the flexibility of not have it solidly a 130-foot because we haven’t looked at that; so, she is not sure we can fit that in within the right-of-way, but said they will be glad to work with them on something that is suitable to their office, so they can have a little flexibility, because it might impact private property or someone else and we would have to have their permission.

Councilor Allen then asked City Attorney Fay to take out the footage in the amendment and reword it, to state, to be determined by the City Engineer.

City Attorney Fay said we are looking at taking out all of (1) A, B, C, & E, and substituting a new (1) (D) condition, to install a round-about as specified and approved by the City Engineer.

Mayor Tomlinson said we want to make sure that we have the right traffic calming device; that we have a device that works so well in one place, and that if we put it in another place, that we don’t have problems with it. Therefore, as you are looking into it, she is interested in round-about that empty out from parking lots. She said this would be very close to the overpass of J. R Allen Parkway and she don’t know how that would affect it, because it’s simply a bridge. She said but someday if there is an exit there, the round-about would have to be taken up. She said to her, it’s a little unusual.

After continued discussion on this subject, City Engineer Donna Newman,
Mr. Kirk, as well as Mr. Billings responded to questions of members of the Council.

Councilor Baker said he is not opposed to anything that he has heard, but said with the issues of the buffer and converting lanes to round-about and signals, that is a little much at one time; therefore, he would like for their engineers to get together with our engineers and work through some of these and provide an updated rendering or site plan back to the Council.

After more than an hour of discussion with members of the Council expressing their views regarding this matter, City Attorney Fay, said as to the amendment, asked Councilor Allen if he would be willing for it to state, allow and install a round-about or traffic signal as specified and approved by the City Engineer.

Councilor Allen said he is not opposed to doing that, as we have talked about that earlier. He said the discussions that he has had with the Engineering Department on more than one occasion; however, they can certainly speak for themselves, have lead him to believe that we prefer a round-about in that area. He said if you recall, there is a round-about down at Warm Spring and Blackmon Road, and said the topography is much worst there than it is at this location. He said this location is much more level than it is down on the other end.

He said he think that a round-about would work there, but said you need the professionals to look at the plans to make sure they are going to work. He said, why don’t we leave it like it is, and if we need to amend it, then we can. He said if they really feel like a traffic signal is required or needed over a round-about, then we can certainly amend it in two weeks. He said he don’t think that would be a material change.

City Attorney Fay said we would bring it back at the meeting on the 2nd Tuesday in October for second reading and said if we needed to amend it at that time, we could do that.

Councilor Allen then asked if the petitioners had a problem with that, to which Mr. Kirk said no, as they are commended to working with your engineer to find the best solution.

After the discussion of the Council concluded, the question was then called on Councilor Allen’s motion to amend the ordinance, as stated above, which carried unanimously by those eight members of Council present, with Councilors Huff and McDaniel being absent.

Several individuals came forward to express their opposition, as outlined below.

OPPONENTS:

The following individuals then came forward and expressed their opposition to the proposed rezoning ordinance. Many of the individuals expressed concerns with regards to increased traffic and rezoning of this property to commercial, problem with criminal activity; reduction in property values.

Mr. Darryl Dees, 7051 Oper Drive (Stonybrook Subdivision) , Mr. Doug Ketch,
8205 Woodmart Drive, Mr. Marty Upshaw, 8006 Sonoma Point Drive, Mr. Robert Hutchinson, 6216 Bayonne Drive, Mr. Robert Lambert, 8460 Sonoma Drive, and Ms. Tabitha Kidd, 8035 Sonoma Point Drive.

Members of the Council expressed their further views regarding this proposed rezoning ordinance, after which the public hearing was then concluded after more than one hour and thirty minutes of discussion.

*** *** ***

THE FOLLOWING ORDINANCE WAS ALSO SUBMITTED AND EXPLAIND BY CITY ATTORNEY FAY AND ALSO INTRODUCED ON FIRST READING:

An Ordinance – Providing for the demolition of various structures located at:

Mr. Homer & Lucile Mitchell, who are owners of the property, located at 1517 25th Street came forward and requested an extension to bring the property up to code.

Deputy City Manager Arrington gave a brief account of the condition of the property as it stands now, as well as the sequences of events that took place prior to the time it was placed on the demolition list.

After some ten minutes of discussion, in which the Mitchell’s son outlined the reason why work was not done on the property, this matter was concluded, with there being no motion made regarding the request for an extension on the property located at 1517 25th Street. *** *** ***

THE FOLLOWING ORDINANCE WAS ALSO SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY AND INTRODUCED ON FIRST READING: ___

An Ordinance – Amending Ordinance No. 14-25 by repealing Section 33 of that ordinance in its entirety and substituting a new Section 33 pertaining to retiree health insurance; and for other purposes.

*** *** ***

THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY AND ADOPTED BY THE COUNCIL:___ _______

A Resolution (296-14) – Authorizing the City Attorney, Finance Director or
their representatives to make payment of $500,000 to settle any and all claims of the estate of Jaqueze Inez Harris and Jacqueline and Kirk Harris, co-administrators and surviving parents, including attorney’s fees, arising from the incident of October 14, 2012.

Mayor Pro Tem Turner Pugh moved the adoption of the resolution. Seconded by Councilor Woodson and carried unanimously by those eight members of Council present for the meeting, with Councilors Huff and McDaniel being absent.
------------------------------------------*** *** ***-----------------------------------
PUBLIC AGENDA:
MS. TAKIA DAVIS-JACKSON, REPRESENTING TRI-CITY YOUTH FOOTBALL AND CHEER LEAGUE, RE: THE DEPARTMENT OF PARKS & RECREATION:_______________________ ____________________ Ms. Takia Davis-Jackson, representing Tri-City Youth Football and Cheer League, came forward and presented a power-point presentation, which included email correspondences she said occurred between her and representatives of the Department of Parks & Recreation regarding her request to use a practice field for her newly established league to play and practice on. She indicated that she was never contacted back by the Parks & Recreation Department and she had to always make contact with them and was never provided information regarding her request.

Members of the Council expressed their views regarding this matter and a request was made by Councilor Barnes to provide to him a copy of the policies that are in place that citizens are to follow in order to utilize these fields.

Councilor Thomas advised Ms. Davis-Jackson that once she meets with City Manager Hugley and Deputy City Manager Goodwin, as well as Dr. Worsley, and if she feels that her concerns have not been addressed, then she can be listed on the Public Agenda and came back to this Council once again.

*** *** ***

MR. STEVEN TENNANT, REPRESENTING AMERICAN RED CROSS, RE: CHILDHOOD CANCER AWARENESS MONTH AND BLOOD DRIVE:_ ___

Mr. Steven Tennant, representing American Red Cross, came forward and pointed out October is Childhood Cancer Awareness Month. H said they will also be having a blood drive as well.

Mr. Todd Swenson, who was also present with Mr. Tennant came forward and told his family’s story, in which his daughter was diagnosed with a brain tumor in April of 2011.

*** *** ***

MR. RICKET CARTER, RE: POLICE MISCONDUCT:

Mr. Ricket Carter, who requested to be listed on tonight’s agenda to speak to the subject of Police misconduct was present in the Council Chambers earlier, but when the Public Agenda was called up to hear those citizens who had scheduled to be heard, he had already left the meeting.
------------------------------------------*** *** ***-----------------------------------
CITY MANAGER'S AGENDA:
THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY MANAGER HUGLEY AND ADOPTED BY THE COUNCIL:___ __
A Resolution (297-14) – Authorizing the submission of an application and if approved, accept a $26,043 grant with a $10,000 in-kind service match, or amount otherwise awarded, from the Corporation for National and Community Service (CNCS) and amend the Multi-Governmental Fund by the amount of the grant award. This grant will be used to implement RSVP Programs.

Councilor Allen moved the adoption of the resolution. Seconded by Councilor Woodson and carried unanimously by those seven members of Council present at the time, with Councilor Thomas being absent for this vote and Councilors Huff and McDaniel being absent for the meeting.

*** *** ***

THE FOLLOWING THREE PURCHASING RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY MANAGER HUGLEY AND ADOPTED BY THE COUNCIL PURSUANT TO THE ADOPTION OF A SINGLE MOTION MADE BY COUNCILOR WOODSON AND SECONDED BY MAYOR PRO TEM TURNER PUGH AND CARRIED UNANIMOUSLY BY THOSE SEVEN MEMBERS OF COUNCIL PRESENT AT THE TIME, WITH COUNCILOR THOMAS BEING ABSENT FOR THIS VOTE AND COUNCILORS HUFF AND MCDANIEL BEING ABSENT FOR THE MEETING: _

A Resolution (298-14) – Authorizing the approval to purchase an upgrade to the Remotec Andros F6A hazardous-duty robot from REMOTEC (Oak Ridge, Tennessee) in the amount of $65,394.00.

In 2003, per Resolution #554-03, Council approved the purchase of the Rometec Andros F6A robot. The upgrade is required for the equipment due to its age. Additionally, upgraded features are required to allow the bomb technicians to remain at a safe distance, and in a safe location, when handling potentially hazardous items and/or situations.

The hazardous-duty robot is used by the Hazardous Devices Response Team to handle explosives, nuclear surveillance, HazMat operations, Special Response Team Operations and Airport Security. The robot is designed to have all-terrain capabilities coupled with enhanced speed. This will enable bomb technicians to handle incidents more efficiently. The robot can be operated by either remote application or by fiber-optic cable. The unit features include an environmentally sealed design, forty-five degree climbing ability, quick-change tool assemblies and multiple cameras.

A Resolution (299-14) – Authorizing the execution of a construction contract with River City Contracting, Inc. (Columbus, GA) in the amount of $234,501.00 for the Metro Police Building renovations. The building is located at 525 10th Avenue.

The work consists of roofing, fencing, pipe bollards, exterior security bars, new doors and hardware, restrooms, drywall, mechanical ventilation system and battery-operated emergency lights.

A Resolution (300-14) – Authorizing the execution of a contract with Rush Refuse Systems (San Antonio, TX), for the lease, with the option to purchase, of two (2) 25-yd Refuse Trucks (2013 Peterbilt 320 3 man with McNeilus 25-Yd XC Rear Loader, plus options).These trucks will be used to transport recycling items from Fort Benning, GA, to the City’s Recycling Center on a regular weekly basis, beginning October 1, 2014.

Rush Refuse Systems will provide two (2) new or used diesel powered 25-cubic-yd refuse trucks with mechanized loading device rear loader. The term of the contract will be for twelve (12) months, with the option to renew for four additional twelve-month periods. Contract renewal will be contingent upon the mutual agreement of the City and the Contractor.

*** *** ***

THE FOLLOWING THREE RESOLUTIONS WERE ALSO SUBMITTED AND EXPLAINED BY CITY MANAGER HUGLEY AND ADOPTED BY THE COUNCIL PURSUANT TO THE ADOPTION OF A SINGLE MOTION MADE BY COUNCILOR DAVIS AND SECONDED BY COUNCILOR ALLEN AND CARRIED UNANIMOUSLY BY THOSE SEVEN MEMBERS OF COUNCIL PRESENT AT THE TIME, WITH COUNCILOR THOMAS BEING ABSENT FOR THIS VOTE AND COUNCILORS HUFF AND MCDANIEL BEING ABSENT FOR THE MEETING: _

A Resolution (301-14) – Authorizing the approval of the purchase of the Oasis System upgrade (iasWorld) at $2,756,115.00 and Reappraisal at $1,700,000.00 from Tyler Technologies (Dallas, TX); and Annual Maintenance in the amount of $184,560.00. The Oasis System was originally purchased in 1992, from Cole-Trumble-Layer (a subsidiary of Tyler Technologies) to help the Tax Assessors and Tax Commissioner’s Office track and assess property. The system needs to be upgraded to enhance its functionality and efficiency for the Tax Assessors Department and the Tax Commissioner’s Department.

A Resolution (302-14) – Authorizing the City Manager to execute one or more lease supplements for a Lease or leases, under the GMA Direct Lease Program, for the purchase of the Oasis System upgrade (iasWorld), at a cost of $2,756,115.00, as cited above in item D-1.

A Resolution (303-14) – Authorizing the execution of a contract with Zyscovich Architects (Miami, FL) for the City Village Master Plan. Zyscovich Architects will provide the following services: Visioning process, Design Standards, Transportation – Multi-modal – Connectivity, and Economic Development – Village- Neighborhood Businesses.
------------------------------------------*** *** ***-----------------------------------
CLERK OF COUNCIL’S AGENDA:

THE FOLLOWING ITEMS WERE SUBMITTED AS INFORMATON TO THE MAYOR & COUNCIL BY CLERK OF COUNCIL WASHINGTON:___ ______

(1) Memorandum from Deputy Clerk of Council Davis, Re: Columbus Iron Works Convention & Trade Center Authority.

(2) Memorandum from Clerk of Council Washington, Re: Planning Advisory Commission.

(3) Memorandum from Deputy Clerk of Council Davis, Re: Taxicab Commission.

(4) Application from Elizabeth Hurst to temporarily close the 1000 and 1100 block of Broadway (from Front Avenue to Broadway), on Saturday, October 4, 2014, from 5:00 p.m. to 10:00 p.m., in connection with the “Uptown MOG Mile” finish line and post race event.

(5) Application from Elizabeth Hurst to temporarily close the Dillingham Street Bridge, Bay Avenue (from Dillingham Street to behind the Trade Center), and the Riverwalk (from the grand staircase to railroad), on Saturday, October 25, 2014, from 4:00 p.m. to midnight, in connection with fireworks.

(6) Application from Mitch Watts to temporarily close 3rd Avenue (from 11th Street to the exit of the St. Luke parking area on 12th Street), on Friday, October 31, 2014, from 3:30 p.m. to 10:00 p.m., in connection with “St. Luke Fall Festival”.

(7) Application of Michael Willey to temporarily close the southbound lane of South Lumpkin Road (from South Columbus Water Resource Road to the National Infantry Museum) and the Oxbow Meadows Riverwalk intersection, on Saturday, June 6, 2015, from 8:30 a.m. to 12:00 p.m., in connection with the Easter Seals’ event “Walk with Me Fundraiser”.

*** *** ***

THE FOLLOWING FOUR RESOLUTIONS WERE SUBMITTED BY CLERK OF COUNCIL WASHINGTON AND ADOPTED BY THE COUNCIL PURSUANT TO THE ADOPTION OF A SINGLE MOTION MADE BY COUNCILOR ALLEN AND SECONDED BY COUNCILOR BARNES, WHICH CARRIED UNANIMOUSLY BY THOSE SEVEN MEMBERS OF COUNCIL PRESENT AT THE TIME, WITH COUNCILOR WOODSON BEING ABSENT FOR THIS VOTE AND COUNCILORS HUFF AND MCDANIEL BEING ABSENT FOR THE MEETING:_
A Resolution (304-14) – Excusing Councilor Glenn Davis from the September 9, 2014 Council Meeting.

A Resolution (305-14) – Excusing Councilor Glenn Davis from the September 16, 2014 Special Called Council Meeting.

A Resolution (306-14) – Excusing Councilor Berry Henderson from the September 16, 2014 Special Called Council Meeting.

A Resolution (307-14) – Excusing Councilor Charles E. McDaniel from the September 16, 2014 Special Called Council Meeting.

*** *** ***

PUBLIC SAFETY ADVISORY COUNCIL:

Clerk of Council Washington submitted a letter from Ms. Toni Fogle, resigning from her seat on the Public Safety Advisory Council. Councilor Allen moved the letter be received with regrets and thanks for her service. Seconded by Councilor Baker and carried unanimously by those seven members of Council present at the time, with Councilor Woodson being absent for this vote and Councilors Huff and McDaniel being absent for the meeting.

*** *** ***

HONORARY STREET DESIGNATION:

Clerk of Council Washington submitted a letter from Pastor Carlos D. Coleman requesting an honorary street designation sign in honor of Senior Pastor Farnsworth Coleman, Sr., founder of New Birth Outreach Church.

Councilor Thomas made a motion to refer this request to the Board of Honor. Seconded by Councilor Allen and carried unanimously by those seven members of Council present at the time, with Councilor Woodson being absent for this vote and Councilors Huff and McDaniel being absent for the meeting.

*** *** ***

THE FOLLOWING ADD-ON RESOLUTION WAS ALSO SUBMITTED AND EXPLAINED BY CLERK OF COUNCIL WASHINGTON AND ADOPTED BY THE COUNCIL: ___________ _________________________

A Resolution (308-14) – Excusing Councilor Charles E. McDaniel from the September 23, 2014 Special Called Council Meeting.

Councilor Allen moved the adoption of the resolution. Seconded by Councilor Henderson and carried unanimously by those seven members of Council present at the time, with Councilor Woodson being absent for this vote and Councilors Huff and McDaniel being absent for the meeting.

*** *** ***

MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL WASHINGTON AND OFFICIALLY RECEIVED BY THE COUNCIL:

Councilor Allen made a motion to approve these minutes. Seconded by Councilor Henderson and carried unanimously by those seven members of Council present at the time, with Councilor Woodson being absent for this vote and Councilors Huff and McDaniel being absent for the meeting.

*** *** ***

BOARD APPOINTMENTS:

CIVIC CENTER ADVISORY BOARD:

Clerk of Council Washington pointed out that Ms. Laura A. Mann, who served as the Council District 8 representative on the Civic Center Advisory has resigned her seat on the board. She further pointed out that Councilor McDaniel is nominating Ms. Olivia Pennington to succeed Ms. Mann, and that she may be confirmed.

Mayor Pro Tem Turner Pugh so moved. Seconded by Councilor Allen and carried unanimously by those seven members of Council present at the time, with Councilor Woodson being absent for this vote and Councilors Huff and McDaniel being absent for the meeting.

*** *** ***

COMMUNITY DEVELOPMENT ADVISORY COUNCIL:

Clerk of Council Washington pointed out that the term of office of Mr. Chuck H. McDaniel, III on the Community Development Advisory Council has expired and that he is not eligible to succeed himself for another term of office. She further pointed out that Councilor Baker is working on a replacement for this seat.

She further pointed out that Ms. Gloria Enfinger, who represents Council District 6 does not wish to serve and that Councilor Allen is also working on a replacement for this seat.

Clerk of Council Washington also pointed out that Ms. Clementine Cochran, who serves as Council District 10 representative is not eligible to succeed herself for another term of office and that Councilor Henderson will need to nominate someone to fill this seat.

*** *** ***

DEVELOPMENT AUTHORITY OF COLUMBUS:

Clerk of Council Washington pointed out that the term of office of Mr. Dick Ellis on the Development Authority of Columbus has expired and that he is not eligible to succeed himself. She said originally there were two nominees for this position, but pointed out that Ms. Becca Hardin, who was nominated by Councilor Woodson has now withdrawn her name from consideration.

Councilor Henderson then made a motion that Ms. Jacki Lowe be confirmed to succeed Mr. Dick Ellis. Seconded by Mayor Pro Tem Turner Pugh and carried unanimously by those seven members of Council present at the time, with Councilor Woodson being absent for this vote and Councilors Huff and McDaniel being absent for the meeting.

*** *** ***

KEEP COLUMBUS BEAUTIFUL COMMISSION:

Clerk of Council Washington pointed out that the term of office of Ms. Vanessa Lewis, who serves on the Keep Columbus Beautiful Commission and represented Council District 1 has expired. She further pointed out that she is not eligible to succeed herself and that Councilor Barnes needs to nominate someone to fill this seat.

She also pointed out that Ms. Rebecca Bassett and Dr. Billy Kendall who both serves in an at-large position terms has also expired. She further pointed out that Ms. Bassett does not wish to serve again and Dr. Kendall is not eligible to succeed himself for another term of office. She said the Council will need to nominate someone else for these two positions. *** *** ***

With there being no other business to come before the Council, Mayor Tomlinson then entertained a motion for adjournment. Councilor Allen so moved. Seconded by Councilor Barnes and carried unanimously by those seven members of Council present at the time, with Councilor Woodson being absent for the vote, and Councilors Huff and McDaniel being absent for the meeting, with the time of adjournment being 9:22 p.m.



Tiny B. Washington, MMC
Clerk of Council
The Council of Columbus, Georgia