CITY OF COLUMBIA
CITY COUNCIL DISTRICT III MEETING and PUBLIC HEARING MINUTES
WEDNESDAY, JANUARY 15, 2003 - 6:00 P.M.
BRADLEY ELEMENTARY SCHOOL AUDITORIUM
 

The City of Columbia City Council met in regular session and for a Public Hearing  on Wednesday, January 15, 2003, in the Bradley Elementary School Cafeteria, 3032 Pine Belt Road, Columbia, South Carolina.  Mayor Robert D. Coble called the meeting to order at 6:08 p.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.

Councilwoman Anne Sinclair welcomed everyone to the City Council District III Evening Meeting.

Ms. Linda Byrum, Bradley Neighborhood Association President, welcomed everyone to the Bradley Community and to the newly renovated Bradley Elementary School.

Ms. Jeanette McBride, Midlands Terrace Neighborhood Association President, stated that it was a pleasure to be here and wishes that more residents of the community were present.

Upon motion by Mr. Osborne, seconded by Mr. Cromartie, Council voted unanimously to approve the following amendments to the regular agenda:

1. Discuss Items 17. and 18. prior to the Public Hearings
2. Add the consideration of the Proposal for Ice Hockey
3. Add a street closing request from The State Newspaper
4. Revise Item 6. to read on behalf of the Leukemia Lymphoma Society
5. Add two (2) Executive Session items pertaining to the Discussion of negotiations incident to the City’s position in adversary situations involving the assertion of a claim and the Receipt of legal advice relating to matters covered by attorney-client privilege.

APPROVAL OF MINUTES

1. Minutes of December 18 and 23, 2002

Upon motion by Mr. Papadea, seconded by Mr. Davis, Council voted unanimously to approve the Minutes of December 18 and 23, 2002.

PRESENTATIONS

2. Welcome Comments on City Talk – Mr. Richard Semon, Director of C. D.

Mr. Richard Semon, Director of Community Development welcomed everyone to participate in City Talk once the Regular Meeting adjourns.  Mr. Semon stated that those unable to speak can complete a comment card or contact the Community Development Office.

ZONING MAP AMENDMENTS  - SECOND READING

17. 02-36 MA. 6038 Percival Rd., TMS 16712-05-10, add FS overlay to existing C-3 zoning. –   Approved on first reading December 18, 2002 (4-3 Vote)

18.  02-37 MA. I-77 and Shop Rd., TMS 16301-02-12, add FS overlay to existing M-1 zoning.   –  Approved on first reading December 18, 2002 (4-3 Vote)

Upon motion by Mr. Osborne, seconded by Ms. Isaac, Council voted unanimously to reconsider the motion made on January 8, 2003 to approve on second reading Zoning Map Amendments 02-36 MA. 6038 Percival Rd., TMS 16712-05-10, add FS overlay to existing C-3 zoning and 02-37 MA. I-77 and Shop Rd., TMS 16301-02-12, add FS overlay to existing M-1 zoning.

Mr. Hal Stevenson, Applicant, stated that billboards are controversial, but he would appreciate Council’s consideration because he did follow the Ordinance as written.

Ms. Susan Brill, Richland County Council, stated that I-77 is a gateway in the City and it shouldn’t look like I-26.  She urged Council to defer the matter to allow the County more time to discuss this issue.

Mr. Paul Livingston, Richland County Council, expressed concern for the Cap & Replace program and where the billboards are placed.  He asked the members of City Council to review the ordinance again, because it would be more appropriate to spread the billboards more evenly.

Mr. William Kitt, East Bluff Community Organization President, appeared before Council in opposition to the request because billboards might distract motorists and cause accidents.  He told Council that there are dark and dangerous spots on this portion of the interstate and they have already experienced pedestrian fatalities.

Ms. Margaret Masse, Brandon Acres Cedar Terrace Neighborhood Resident, appeared before Council in opposition to the request, because billboards are unsightly.

Mr. Matt Woolsey, Midland Terrace Neighborhood Association Vice President, inquired about the removal of billboards on the Gervais Street Bridge across from the Children’s Museum and the proposed extension of the Greenway to Duncan Street.  He also inquired about a billboard in his neighborhood that is illegible.

Ms. Sherry Studdard, 5750 Dellwood Drive, stated that billboards directly affect her because she has one close to her home, which the lights shine, in her back yard.  She urged Council to reconsider having billboards on the interstate.
 

Mr. Willis Bethea, Lake Katherine Resident, inquired about the possibility of turning the billboard lights off by 10:00 p.m., because they shine in his windows at night.

Ms. Ruth Johnson, appeared before Council in opposition to the request, because it is unfair to Richland County residents.

Councilman Osborne asked to go on record for making the best effort to protect his constituents.

A motion by Mr. Osborne, seconded by Mr. Davis, failed by a vote of two (2) to five (5) to disapprove 02-36 MA. 6038 Percival Rd., TMS 16712-05-10, add FS overlay to existing C-3 zoning and 02-37 MA. I-77 and Shop Rd., TMS 16301-02-12, add FS overlay to existing M-1 zoning.  Voting aye were Mr. Osborne and Mr. Davis.   Voting nay were Mr. Cromartie, Mr. Papadea, Ms. Sinclair, Ms. Isaac and Mayor Coble.

Second reading stands as approved on January 8, 2003.

PUBLIC HEARING

3. Ordinance No.: 2002-057 - Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 24, Vehicles for Hire, Article IV, Wrecker and Towing Services, Sec. 205 through Sec. 215

Chief Charles Austin stated that various owners of wrecker services were contacted to provide input on the proposed ordinance and the Police Department has been working to address their concerns.

Sgt. Pete Pedersen, told Council that the best thing they could do is use a rotation three (3) zone based on the current police regions.  He said that the wrecker rates needed to be increased due to the cost of equipment and operation.  Sgt. Pedersen told Council that storage rates were increased some, but not to the level desired by the owners.  He recommended that the City of Columbia maintain a lot for abandoned vehicles with fencing and a security system to deal with the problems that wrecker services are facing.

Chief Charles Austin, informed Council that someone would be assigned to exclusively search for titles and keep inventory of the vehicles, but this lot may not need to be staffed if adequate security is provided.

Mayor Coble opened the Public Hearing at 7:05 p.m.

Mr. Joe Suddeth, Suddeth’s Towing Service, stated that he does not have a problem with the proposed zoning changes, but he does have a problem with the response time being dropped to twenty (20) minutes, dealing with abandoned vehicles and the storage rates.

Mayor Coble closed the Public Hearing at 7:25 p.m.

4. Demolition of Old Fire Department Headquarters – Senate & Park Streets

Mayor Coble opened the Public Hearing at 7:25 p.m.

Mr. Roger Poston, Historic Columbia Foundation Executive Director, stated that no historic structure that is sound should be demolished without a plan to develop on the site.  He told Council that the Old Fire Department Headquarters is a candidate for reuse and it can be saved and used to enhance the surrounding area.  Mr. Poston urged Council not to destroy this 20th Century building.

Ms. Rosie Craig, stated that although the building is ugly and middle aged, it is interesting.

Mayor Coble closed the Public Hearing at 7:30 p.m.

Upon motion by Mr. Osborne, seconded by Mr. Papadea, Council voted unanimously to resolve that no City of Columbia employee should pursue Historic Preservation Designation of the Old Fire Department Headquarters without the expressed consent of City Council.

Upon motion by Mr. Papadea, seconded by Ms. Isaac, Council voted unanimously to approve on a single motion the Consent Agenda Items 5. through 16. as presented.  Items 17. and 18. were approved on a separate motion.

CONSENT AGENDA

STREET CLOSING REQUESTS

5. Council is asked to approve a request from the University of South Carolina and Global Spectrum to close Greene Street from Gadsden Street to the railroad track where it dead ends; restrict access from the corner of Gadsden Street and Greene Street to Wayne Street and Gervais Street one hour prior to the following events:  Contact:  Matt Homan  Approved

 Saturday February 01, 2003 Men’s Basketball  1:00p.m.-  3:00p.m.
 Wednesday    February 05, 2003 Jimmy Buffet  6:00p.m.-11:00p.m.
 Thursday February 06, 2003 Women’s Basketball  7:00p.m.-  9:00p.m.
 Friday February 07, 2003 Monster Truck  8:00p.m.-10:30p.m.
 Saturday February 08, 2003 Monster Truck  8:00p.m.-10:30p.m.
 Wednesday February 12, 2003 Men’s Basketball  7:30p.m.-  9:30p.m.
 Friday February 14, 2003 Kenney Chesney  6:00p.m.-11:00p.m.
 Saturday February 15, 2003 Men’s Basketball  1:00p.m.-  3:00p.m.
 Sunday February 16, 2003 Women’s Basketball  2:00p.m.-  4:00p.m.
 Tuesday February 18, 2003 Concert  7:00p.m.-10:00p.m.
 Wednesday February 19, 2003 Men’s Basketball  7:30p.m.-  9:30p.m.
 Friday February 21, 2003 Motocross  8:00p.m.-10:30p.m.
 Saturday February 22, 2003 Motocross  8:00p.m.-10:30p.m.
 Sunday February 23, 2003 Women’s Basketball  2:00p.m.-  4:00p.m.
 Thursday February 27, 2003 Women’s Basketball  7:00p.m.-  9:00p.m.
 Friday February 28, 2003 Concert  7:30p.m.-10:00p.m.

5.a. **Council is asked to approve a request from The State Newspaper to close the eastbound lane of Senate Street at Sumter Street and Marion Street, on Sunday, January 19, 2003 from 1:00 p.m. until 3:00 p.m. for the wreath laying at the Gonzalez monument.  Approved

6. Council is asked to approve a request from Eggplant Events Production, on behalf of IN-VEST  The Leukemia-Lymphoma Society to close ½ a block of Lincoln St. between Gervais St. and Lady St., towards the Lady St. intersection on Saturday, February 01, 2003, from 12:00pm until 7:30pm for Shuckin’ in the Vista, an Oyster Roast that will be a fundraising event.  Contact:  Jaime G. Lomas
   Resolution No.: R-2003-005 – Authorizing Shuckin’ in the Vista - Approved

CONSIDERATION OF BIDS, AGREEMENTS, AND CHANGE ORDERS

7. Council is asked to approve a Pay Difference Agreement (Reimbursement to Developer) to upgrade 896 linear feet of 8” water main to 18" water main along Summit Ridge Parkway to serve Hidden Pines Subdivision, Phase 2, as requested by Engineering.  Award to Lake Murray Utilities, the low bidder, in the amount of $23,245.00.  The company is located in the Midlands.  Approved

8. Council is asked to approve a Contract for #SS757-8/9, Phase III; Sanitary Sewer replacement for Penn Branch / Lake Katherine, as requested by Engineering.  Award to Midsouth Trenchless, the low bidder, in the amount of $1,751,275.00.  16% M/FBE participation indicated.  The company is located out of state.  Approved

9. Council is asked to approve a request to approve the Purchase of Trees, as requested by Forestry. Award to the low bidders in the following amounts, Gilmore Plants:  $5,823.25; Woodley’s:  $12,123.50; Moon’s Tree Farm:  $9,313.25: Merritt Bros. Tree Farm:  $6,640.00; and Bold Spring Nursery:  $1,432.50 for a total amount of $35,332.50.  No M/FBE vendors submitted bids.  Approved

ORDINANCES - SECOND READING

10. 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 second reading.

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

12. Ordinance No.: 2003-002 - Chris Rawlings d/b/a An American Tradition at the southeast corner of Main Street and Lady Street.  Approved on second reading.

13. Ordinance No.: 2003-003 - Armando Aguinaga d/b/a Armando Tacos the mid-block pad near 1201 Main Street.  Tacos and burritos are not previously approved merchandise and require approval of the amendment to §11-253 of the City Code (Permitted Merchandise).  Approved on second reading.

14. Ordinance No.: 2003-004 - Thomas Fussell d/b/a A Party Rental at the mid block pad near 1333 Main Street.  Approved on second reading.

15. 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 second reading.

16. ZONING MAP AMENDMENTS – SECOND READING

 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.  Approved on second reading.

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.

 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 second 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 second 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 second 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 second 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 second reading.

ORDINANCES - FIRST READING

19. Ordinance No.:  2003-008 – Authorizing execution of an Operating Agreement between the City of Columbia and the Midlands Regional Convention Center Authority

Upon motion by Mr. Papadea, seconded by Mr. Cromartie, Council voted unanimously to approve on first reading Ordinance No.:  2003-008 – Authorizing execution of an Operating Agreement between the City of Columbia and the Midlands Regional Convention Center Authority.

RESOLUTIONS

Upon motion by Mr. Cromartie, seconded by Mr. Davis, Council voted unanimously to approve on a single motion Item 20. Resolution No.: R-2003-001- Release and Abandonment of a portion of the City’s existing 15’ water main easement along Richland County TMS #22802-01-04 (portion); lots 90, 92, 94, & 96, Altamonte Subdivision, Phase III; CF#128-03B & CF#128-03 and Item 21. Resolution No.:  R-2003-004 - Authorizing Annual Sidewalk Sale for the Merchants in the 2100-3200 blocks of Devine Street.

20. Resolution No.:  R-2003-001 – Release and Abandonment of a portion of the City’s existing 15’ water main easement along Richland County TMS #22802-01-04 (portion); lots 90, 92, 94, & 96, Altamonte Subdivision, Phase III; CF#128-03B & CF#128-03.  Approved

21. Resolution No.:  R-2003-004 - Authorizing Annual Sidewalk Sale for the Merchants in the 2100-3200 blocks of Devine Street.  Approved

APPOINTMENTS

22. Accommodations Tax Advisory Committee Appointments

Upon motion by Mr. Cromartie, seconded by Ms. Sinclair, Council voted unanimously to approve the reappointment of Mr. Bill Ellen, Mr. Tony Tam, Mr. Ron Jones, Ms. Dianne Light, Ms. Harriett Green, Ms. Wendi Nance and Mr. Jim Hardy to the Accommodations Tax Advisory Committee for a one (1) year term expiring on February 01, 2004:

TRAFFIC ISSUES

Upon motion by Ms. Sinclair, seconded by Mr. Cromartie, Council voted unanimously to approve Item 23. To restrict parking on Duncan Street for a minimum of 30 feet from the intersection to allow for adequate sight distance and Item 24. Transfer of the one-block section of Elmore Avenue (S-40-204) between North Main Street and Marstellar Street from the SCDOT system to the City Street System, as requested by the Eau Claire Development Corporation.

23. Parking Prohibition at Maple and Duncan Streets - Approved

24. Transfer of the one-block section of Elmore Avenue (S-40-204) between North Main Street and Marstellar Street from the SCDOT system to the City Street System, as requested by the Eau Claire Development Corporation. – Mr. Michael L. Manis, Executive Director - Approved

OTHER MATTERS

25. Homeless Overflow Shelter Funding Request - $20,000

Upon motion by Mayor Coble, seconded by Ms. Sinclair, Council voted unanimously to approve a funding request for the Homeless Overflow Shelter in the amount of $20,000.00 from the Council Contingency Fund.
26. Harvest Hope Food Bank Funding Request - $10,000 Signature Sponsor

A motion by Ms. Sinclair to approve funding for the Harvest Hope Food Bank in the amount of $10,000.00 from the Council Contingency Fund failed for the lack of a second.

A substitute motion by Mr. Papadea, seconded by Mr. Osborne, to match the contribution given by the Richland County Council in an amount not to exceed $10,000.00 was withdrawn.

Upon motion by Ms. Sinclair, seconded by Mayor Coble, Council voted unanimously to approve funding for the Harvest Hope Food Bank in the amount of $5,000.00 from the Council Contingency Fund.

27. Council is asked to authorize $21,925.00, from the budgeted CIP funds for CIP Project W959. for the Construction of approximately 300 to 400 L.F. of 12” W.M. by the North Main Plaza contractor with the Elmore tap connection by City forces, requested by the Eau Claire Development Corporation.

Upon motion by Mayor Coble, seconded by Mr. Papadea, Council voted unanimously to authorize $21,925.00 from the budgeted CIP funds for CIP Project W959 for the Construction of approximately 300 to 400 L.F. of 12” W.M. by the North Main Plaza contractor with the Elmore tap connection by City forces, as requested by the Eau Claire Development Corporation.

27.a. USC Coliseum Lease / Public Skating Proposal

Upon motion by Mayor Coble, seconded by Ms. Sinclair, Council voted five (5) to one (1) to authorize staff to formalize the current USC Coliseum Lease / Public Skating Proposal into a contract by working with The University of South Carolina to revise the contract to include a financial structure, Admissions Tax Funding, language relating to marketing by the hockey team and language relating to educational programs that will be provided by the hockey team.  Voting aye were Mr. Cromartie, Mr. Papadea, Ms. Sinclair, Mr. Davis and Mayor Coble.  Voting nay was Ms. Isaac.  Mr. Osborne abstained from voting due to a conflict of interest. Ms. Isaac stated for the record that the Public Skating Proposal is a good proposal but she has concerns relating to the City of Columbia’s financial responsibility.

APPEARANCE OF PUBLIC HAVING BUSINESS WITH CITY COUNCIL

Ms. Katherine Trimnal, CCN President, informed Council about a billboard that is about to fall into the Columbia Canal at River Drive and Broad River Road.

Mr. Bill Manley, Eau Claire Community, asked Council what fees do the City of Columbia receive for billboard placement.

Ms. Kathryn Fenner, University Neighborhood Association, urged City Council to stop approving USC’s street closing requests, because the University is disrespectful towards the City of Columbia and the University Neighborhood.

Mayor Coble adjourned the meeting at 8:08 p.m.
28. City Talk Meeting – Mr. Richard Semon, Director of Community Development

Mr. Semon opened City Talk for comments and questions by the public at 8:08 p.m.

City talk adjourned at 8:25 p.m.
 

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