CITY OF COLUMBIA
CITY COUNCIL MEETING and ZONING PUBLIC HEARING MINUTES
WEDNESDAY, JANUARY 08, 2003
10:00 A.M. - 1737 MAIN STREET
 CITY COUNCIL CHAMBERS

The City of Columbia City Council met in regular session and for a Zoning Public Hearing on Wednesday, January 08, 2003, in the City Hall Council Chambers, 1737 Main Street, Columbia, South Carolina.  Mayor Robert D. Coble called the meeting to order at 10:15 a.m.  Council members present were The Honorable E. W. Cromartie, II, The Honorable Jim D. N. Papadea, The Honorable Anne M. Sinclair, The Honorable Hamilton Osborne, Jr., The Honorable Sam Davis and The Honorable Tameika C. Isaac.  Also present were Ms. Leona K. Plaugh, City Manager and Ms. Pamela J. Ferst, Acting City Clerk.
 
APPROVAL OF MINUTES

1. Minutes of December 18, 2002

A motion by Mr. Davis to approve the Minutes of December 18, 2002, failed for the lack of a second.

 This item was held over, no action was taken.

PRESENTATIONS

2. Employee of the Year - Corporal C. D. Robinson

Captain Estelle Young introduced Corporal C. D. Robinson as the City of Columbia 2002 Employee of the Year.  Captain Young described Corporal Robinson as a wonderful person who has taught the members of the Police Department a lot.

Mayor Coble presented Corporal Robinson with a plaque honoring him as the 2002 Employee of the Year.

Ms. Leona K. Plaugh, City Manager, presented Corporal Robinson with a certificate for a day off with pay, a weekend at the Hampton Inn, dinner in the Vista and cash as a token of appreciation for being the City of Columbia 2002 Employee of the Year.

STREET CLOSING

2.a. **Council is asked to approve a request from the University of South Carolina to close Greene Street between Sumter Street and Bull Street, from Wednesday, January 8, 2003 until Wednesday, January 22, 2003 for pipe replacement.  Contact:  Mr. Roy Taylor

Upon motion by Mr. Papadea, seconded by Ms. Isaac, Council voted unanimously to approve a request from the University of South Carolina to close Greene Street between Sumter Street and Bull Street, from Wednesday, January 8, 2003 until Wednesday, January 22, 2003 for pipe replacement.

ZONING PUBLIC HEARING

3. SIDEWALK VENDING CART FRANCHISES – ORDINANCES FIRST READING

Upon motion by Mayor Coble, seconded by Mr. Cromartie, Council voted unanimously to approve on first reading on a single motion Item 3.1. Ordinance No.: 2003-002 - Chris Rawlings d/b/a An American Tradition at the southeast corner of Main Street and Lady Street; Item 3.2. Ordinance No.: 2003-003 - Armando Aguinaga d/b/a Armando Tacos at the mid-block pad near 1201 Main Street and Item 3.3. Ordinance No.: 2003-004 - Thomas Fussell d/b/a A Party Rental at the mid- block pad near 1333 Main Street.

1. Ordinance No.: 2003-002 - Chris Rawlings d/b/a An American Tradition at the southeast corner of Main Street and Lady Street.  This location is not a previously approved location and will require an amendment to the resolution that establishes vending districts. – Approved on first reading.

2. Ordinance No.: 2003-003 - Armando Aguinaga d/b/a Armando Tacos at the mid-block pad near 1201 Main Street.  Alternate locations may include the mid-block pad near 1333 Main Street or the mid-block pad near 1426 Main Street.  Tacos and burritos are not previously approved merchandise and will require an amendment to §11-253 of the City Code (Permitted Merchandise) as well as the resolution that establishes permitted merchandise within each vending district. – Approved on first reading.
 
3. Ordinance No.: 2003-004 - Thomas Fussell d/b/a A Party Rental at the mid block pad near 1333 Main Street.  An alternate location may include the mid-block pad near 1426 Main Street. – Approved on first reading.

4. ZONING MAP AMENDMENTS

 1. 02-43 MA. 2800 Leesburg Rd., TMS 19216-5-13, rezone from C-2 to C-3.

Mr. Willie Bennett, Applicant, told Council that he has been attempting to get his property rezoned to C-3 for the past sixteen years.  He stated that he wants to open a family restaurant with a drive thru and he will not sell alcohol.  Mr. Bennett told Council that the adjacent property owner’s support rezoning the property.  He said that in the past his request was denied because of traffic concerns and now a traffic signal has been installed at the intersection of Leesburg Road and Ulmer Road.  Mr. Bennett stressed that numerous businesses of the same nature have been zoned C-3 in the same area.

General George Kraus, Retired, appeared before Council in opposition to 02-43 MA. 2800 Leesburg Rd., TMS 19216-5-13, rezone from C-2 to C-3.  Mr. Kraus stated that this is a residential area with duplexes spread throughout and children playing.  He said that he would support C-2 zoning.

Upon motion by Mr. Osborne, seconded by Ms. Isaac, Council voted six (6) to one (1) to deny 02-43 MA. 2800 Leesburg Rd., TMS 19216-5-13, rezone from C-2 to C-3 and authorized staff to contact the applicant to discuss other rezoning options.  Voting aye were Mr. Papadea, Ms. Sinclair, Mr. Osborne, Mr. Davis, Ms. Isaac and Mayor Coble.  Voting nay was Mr. Cromartie.

 2. 02-44 MA. 1506 Barnwell St., TMS 11403-10-20 (southern 42 feet); rezone C-1 portion of lot to C-3.  Remainder is already zoned C-3
 
Upon motion by Mr. Papadea, seconded by Mr. Cromartie, Council voted unanimously to approve on first reading Zoning Map Amendment 02-44 MA. 1506 Barnwell St. TMS 11403-10-20 (southern 42 feet); rezone C-1 portion of lot to C-3.
The following properties have been recently annexed into the City of Columbia with no zoning change.  This action is for confirmation of zoning classification only.

Upon motion by Mr. Cromartie, seconded by Mr. Papadea, Council voted unanimously to approve on a single motion the first reading of Item 4.3. 02-45 MA. Lot 7, Clemson Rd. at Percival Rd. TMS 25600-3-2 (p), confirm C-3 zoning, Item 4.4. 02-46 MA. 15+ acres, Smallwood at Percival Rd., confirm RG-1 zoning.  TMS 22600-1-1 (p), confirm RG-1 zoning, Item 4.5. 02-47 MA. Annacy Park, 30.42 acres, Percival Rd. at Old Percival Rd., TMS 198-2-24, confirm RS-3 zoning, Item 4.6. 02-48 MA. Parcel A1 and Lot 2 Percival Rd. at Newland Rd., TMS 25600-03-02 (p) & 05 (p), confirm C-3 zoning and Item 4.7. 02-49 MA. Lots 1, 3A, 4A, 6A, 6B, 7B, & Greystone Office parcel, Newland Park, Percival Rd. at Clemson Rd. Ext. TMS 25600-3-2 (p), 3 (p), & 05 (p), confirm C-3 and M-1 zoning.

 3. 02-45 MA. Lot 7, Clemson Rd. at Percival Rd. TMS 25600-3-2 (p), confirm C-3 zoning.  Annexed as of October 16, 2002. – Approved on first reading.
 
 4. 02-46 MA. 15+ acres, Smallwood at Percival Rd., confirm RG-1 zoning.  TMS 22600-1-1 (p), confirm RG-1 zoning.  Annexed as of October 16, 2002. – Approved on first reading.
 
 5. 02-47 MA. Annacy Park, 30.42 acres, Percival Rd. at Old Percival Rd., TMS 198-2-24, confirm RS-3 zoning.  Annexed as of October 16, 2002. – Approved on first reading.
 
 6. 02-48 MA. Parcel A1 and Lot 2 Percival Rd. at Newland Rd., TMS 25600-03-02 (p) & 05 (p), confirm C-3 zoning.  Annexed as of October 16, 2002. – Approved on first reading.
 
 7. 02-49 MA. Lots 1, 3A, 4A, 6A, 6B, 7B, & Greystone Office parcel, Newland Park, Percival Rd. at Clemson Rd. Ext. TMS 25600-3-2 (p), 3 (p), & 05 (p), confirm C-3 and M-1 zoning.  Annexed November 06, 2002. – Approved on first reading.
 
CONSENT AGENDA

Upon motion by Mr. Cromartie, seconded by Ms. Sinclair, Council voted unanimously to approve on a single motion the Consent Agenda Items 5. through 12. and Item 15.  Items 13. and 14. were held over, no action was taken.

CONSIDERATION OF BIDS, AGREEMENTS, AND CHANGE ORDERS

 5. Council is asked to approve a Contract for Professional Services for Fiscal Year 2002/2003 starting January 01, 2003 and ending June 30, 2003.  Award to the State Capitol Group, L.L.C., in an amount for services not to exceed $9,000.00 and expenses not to exceed $4,500.00. - Approved

6. Council is asked to approve the Purchase of a G.E. replacement for 1953 obsolete #6 High Service Pump, as requested by Utilities.  Award to Hobgood Electric & Machining Co, Inc., the low bidder in the amount of $24,745.00.  This is a local vendor. - Aprpoved

7. Council is asked to approve the Purchase of one (1) –One Ton Utility Truck and three (3) – ¾ Ton Crew Cab Pick-up Trucks as Replacement Vehicles, as requested by Water Distribution & Wastewater Maintenance.  Award to Benson Ford Mercury in the amount of $24,593.00 and to Butler Chrysler/Dodge/Jeep in the amount of $71,988.00, for a total amount of $96,581.00.  Both firms are located in SC.  There are no MBE/FBE vendors who can furnish these vehicles at these prices. - Approved
8. Council is asked to approve a Contract to Renovate two (2) Restrooms and Rear Foyer at the Arsenal Hill Park Building, as requested by Parks and Recreation.  Award to Bethel Construction, the low bidder, in the amount of $12,689.00.  This is a MBE firm located in Columbia, SC.  - Approved

9. Council is asked to approve an Agreement for Engineering Services for Fire Protection Upgrade in the Forest Hills Area of Columbia; CIP Project W461 (48), Phase III, as requested by Engineering Operations.  Award to Jordan, Jones and Goulding in an amount not to exceed $67,000.00.  This firm is located in Columbia.  MBE participation is 16%. - Approved

10. Council is asked to approve Change Order #2 to Agreement for Engineering Services for CanalSide Redevelopment, as requested by Engineering Operations.  Award to Williams-Russell and Johnson, Inc. in the amount of $42,198.00.  This MBE firm has a local office in Columbia, SC. - Approved

11. Council is asked to approve #W973; Water Line Rehabilitation in Forest Hills, Pickens Street, Heathwood, Melrose, and Elmwood area, as requested by Engineering.  Award to Spiniello Companies, the low bidder, in the amount of $2,423,600.00.  MBE/FBE participation is 12%.  The firm is located out of state. - Approved

ORDINANCES - SECOND READING

12. ZONING MAP AMENDMENTS

1. 02-36 MA. 6038 Percival Rd., TMS 16712-05-10, add FS overlay to existing C-3 zoning. – Approved on second reading.

2 . 02-37 MA. I-77 and Shop Rd., TMS 16301-02-12, add FS overlay to existing M-1 zoning. – Approved on second reading.

· Councilman Osborne requested that Item 12. 1. & 2. come back before Council on January 15, 2003 for reconsideration due to a procedural error.

13. Ordinance No.:  2002-079 – Amending 1998 Code of the Ordinances of the City of Columbia, South Carolina, Chapter 5, Buildings and Building Regulations, Article III, Building Permits, Sec. 5-204, Fee schedule, (a) Generally, (1) Commercial construction and renovation.
 This item was held over until the next budget approval process, no action was taken.

14. Ordinance No.: 2002-089 – Annexing lots 3, 4, and 5, Leesburg Road, Portion of Richland County Tax Map #22004-01-23
 This item was held over, no action was taken.

15. Ordinance No.:  2002-106 (Revised) – Granting encroachment to L. Patricia Wharton for landscaping and construction and maintenance of a driveway, lighting fixtures, steps, and railings at 3519 Monroe Street and Bonham Street – Approved on second reading.

ORDINANCES - FIRST READING

16. Ordinance No.:  2002-107 - Approval for Quit-Claim Deed to Sanitary Sewer Lines along Woodleigh Road in Greenbriar Subdivision to East Richland County Public Service District; Richland County TMS #13912  (Portion); CF#64-14

Staff was authorized to prepare the Quit Claim Deed for Council’s review, no other action was taken.

Upon motion by Mr. Cromartie, seconded by Mr. Papadea, Council voted unanimously to approve on a single motion the first reading of Item 17. Ordinance No.:  2002-109 – Authorizing transfer of 1305 South Kilbourne Road Richland County TMS #13706-19-03, from the City of Columbia to the Columbia Housing Development Corporation, Item 18. Ordinance No.:  2002-110 - Granting encroachment to First Presbyterian Church of Columbia for planting trees in the 1400 block of Washington Street and Item 19. Ordinance No.:  2003-005 – Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 11, Licenses, Permits, and Miscellaneous Business Regulations, Article VII, Peddlers and Solicitors, Division 3, Sidewalk Vending, Sec. 11-253, Permitted Merchandise.
 
17. Ordinance No.:  2002-109 – Authorizing transfer of 1305 South Kilbourne Road Richland County TMS #13706-19-03, from the City of Columbia to the Columbia Housing Development Corporation – Approved on first reading.

18. Ordinance No.:  2002-110 - Granting encroachment to First Presbyterian Church of Columbia for planting trees in the 1400 block of Washington Street. – Approved on first reading.

19. Ordinance No.:  2003-005 – Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 11, Licenses, Permits, and Miscellaneous Business Regulations, Article VII, Peddlers and Solicitors, Division 3, Sidewalk Vending, Sec. 11-253, Permitted Merchandise. – Approved on first reading.

RESOLUTIONS

20. Resolution No.:  R-2002-079 – Authorizing South Carolina Oyster Festival and consumption of alcoholic beverages at Finlay Park.  Contact:  Shawn Rankin

Upon motion by Mr. Papadea, seconded by Ms. Sinclair, Council voted five (5) to two (2) to approve Resolution No.: R-2002-079 – Authorizing South Carolina Oyster Festival and consumption of alcoholic beverages at Finlay Park.  Voting aye were Mr. Papadea, Ms. Sinclair, Mr. Davis, Ms. Isaac and Mayor Coble.  Voting nay were Mr. Cromartie and Mr. Osborne.

21. Resolution No.:  R-2003-002 – Amending Sidewalk Vending Locations and Authorized Merchandise

Upon motion by Mr. Papadea, seconded by Ms. Sinclair, Council voted unanimously to approve Resolution No.: R-2003-002 – Amending Sidewalk Vending Locations and Authorized Merchandise.

APPOINTMENTS

22. Construction Board of Adjustments and Appeals – Reappointments of Terms Expiring February 09, 2003

Upon motion by Mr. Osborne, seconded by Mr. Cromartie, Council voted unanimously to approve the reappointment of Mr. Thomas Carlisle and Mr. Tim O’Farrell to the Construction Board of Adjustments and Appeals for one (1) year terms.

23. **Mini Grant Committee Appointment

Upon motion by Ms. Sinclair, seconded by Mr. Papadea, Council voted unanimously to approve the appointment of Ms. Rosemary Biscardi to the Mini Grant Committee for a term of three (3) years.

APPEARANCE OF PUBLIC HAVING BUSINESS WITH CITY COUNCIL

Mr. Bill Manley, told Council that the Pickens Street entrance to the Capital Senior Center needs to be repaired.  He compared driving his car through this driveway to riding a roller coaster.  Mr. Manley urged Council to also evaluate the lighting in the parking lot at the Capital Senior Center. He stated that the Capital Senior Center has increased their fees and it is having a major impact on the senior citizens.

Mayor Coble adjourned the meeting at 11:15 a.m.

Respectfully submitted by:
Pamela J. Ferst, CPS
Acting City Clerk