CITY COUNCIL EVENING MEETING MINUTES
WEDNESDAY, FEBRUARY 2, 2005
6:00 P.M. – 1737 MAIN STREET
CITY COUNCIL CHAMBERS

The City of Columbia City Council met for an Evening Meeting on Wednesday, February 2, 2005 in the City Hall Council Chambers at 1737 Main Street, Columbia, South Carolina.  The Honorable Mayor Pro-Tempore Anne M. Sinclair called the meeting to order at 6:10 p.m.  The following Council members were present:  The Honorable E. W. Cromartie, II, The Honorable Hamilton Osborne, Jr., The Honorable Tameika Isaac Devine and The Honorable Daniel J. Rickenmann.  Absent were The Honorable Mayor Robert D. Coble and The Honorable Sam Davis.  Also present were Mr. Charles P. Austin, Sr., City Manager and Ms. Erika D. Moore, City Clerk.

APPROVAL OF MINUTES

1.  Minutes of January 19 and 26, 2005

Upon motion by Mr. Cromartie, seconded by Ms. Devine, Council voted unanimously to approve on a single motion the Minutes of January 19 and 26, 2005.

**Mr. Durham Carter, President of the Martin Luther King Neighborhood, stated that a press conference was held in October 2004 at a dilapidated house that they’ve had problems with for the last ten or fifteen years.  He said that 1016 Queen Street is one of the biggest drug operated areas in the City of Columbia and they made requests to City Council and others and nothing was done.  He said that in October Inspector Reaves ensured the neighborhood that something would be done with that house.  He added that in November 2004 the home was demolished much to their delight.  Mr. Carter stated that Inspector Reaves has been a tremendous help to the Martin Luther King area.

**Councilwoman Anne M. Sinclair recognized Boy Scout Troop #100 of St. Joseph’s Church and Troop #37 of the Shandon United Methodist Church.  Both troops are in attendance to earn their Citizenship in the Community badges.

PRESENTATIONS

2. Dream Keeper Award Winners – The Honorable E.W. Cromartie, II

Councilman E.W. Cromartie, II thanked the Martin Luther King Committee for their support and hard work.  He then recognized the following Martin Luther King Jr. Dream Keeper Award Winners and college scholarship recipients: Miss Anna Beck Henderson – 1st place; Mr. Brandon Sanders – 2nd place; and Miss Nina-Serena Faith Burkett – 3rd Place.

3.  **Department of Utilities and Engineering Comprehensive Plan for Fiscal Year 2005/2006 - Mr. John Dooley, Director of the Department of Utilities and Engineering and Mr. Shahid Kahn, City Engineer

Mr. John Dooley, Director of the Department of Utilities and Engineering presented the capital needs for water, sewer and storm drainage with suggestions on how things could be done differently. He stated that the Capital Improvement Program comes from City Council; City Administration; citizen inquiries; infrastructure maintenance and emerging regulatory pressures.  He said that an awful lot of money is being spent for repairs to existing infrastructure due to aging problems. He added that the City of Columbia has been in the water business for 100 years. He said that another significant item is keeping up with the growth in our system, especially in the Northeast area.

Councilman Hamilton Osborne, Jr. commented that we don’t have an obligation to provide water to anybody outside the City of Columbia. He said that our objective must be to meet the current neglected needs not to expand.

Mr. John Dooley, Director of the Department of Utilities and Engineering stated that since July 1, 2004 we’ve encumbered approximately $24 million in water projects and this will impact how they proceed with projects during fiscal year 2005/2006.  He said that bonds will be sold this spring and $40 million of the proceeds are needed to cover what’s being done this year.  He noted that there would be $50 million for new construction and $10 million to carry forward for next year.  He stated that they won’t advertise any more projects between now and June 2005. Mr. Dooley stated that the Department of Utilities and Engineering needs all the money they can keep in the Water and Sewer Fund.  He said that storm water revenue should remain the same regardless of weather, climate or the season.  He explained that it is difficult to tackle flooding problems when funding is short.  He further explained that ditches are not negative and that piping is not always the best engineering solution.  He recommended increased funding levels that are necessary for operations and maintenance.

Mr. E. W. Cromartie, II asked if there were any funding through the EPA or any other grants available to the City?

Mr. John Dooley, Director of the Department of Utilities and Engineering said that there isn’t anything on the federal level that we could tap into.

 4. **East Central City Consortium – Mr. Charles P. Austin, Sr., City Manager

Mr. Charles P. Austin, Sr., City Manager told the members of Council that he met with the East Central City Consortium Board and they wanted to pursue the re-establishment of the Neighborhood Redevelopment Commission.  He requested that Mr. Jim Meggs, City Attorney further advise the members of Council.

Mr. Jim Meggs, City Attorney, reminded the members of Council that in the 1980’s City Council established the Congaree and Columbia Neighborhood Redevelopment Commissions, which are now dormant, but legally viable. He advised Council that they could use the Columbia Neighborhood Redevelopment Commission as a vehicle to proceed with the East Central City Consortium’s request.  He further advised them that by statute there are certain obligations that City Council would need to meet. Mr. Meggs stated that City Council would need to reinstate the board and they could serve on the commission or they could appoint other members.

There was a consensus of Council to direct Mr. Jim Meggs, City Attorney to review the statue for establishing Neighborhood Redevelopment Commissions and to prepare a briefing for the members of City Council.

CONSENT AGENDA

Upon motion by Mr. Cromartie, seconded by Mr. Rickenmann, Council voted unanimously to approve on a single motion the Consent Agenda Items 5. through 9. as presented.

STREET CLOSINGS

5.  Council is asked to approve a request from the Columbia City Ballet to close Lincoln Street between Greene Street and Blossom Street on Friday, February 4, 2005 from 8:00 a.m. until 11:00 a.m. for a student performance at the Koger Center for the Arts.  Contact:  Mr. Jim Litzinger – Approved subject to the sponsor hiring off duty police officers to provide traffic control.

6.  Council is asked to approve a request from Allen University to close Hampton Street between Pine Street and Taylor Street on Friday, February 11, 2005 from 9:00 a.m. until 2:00 p.m. for a Presidential Installation Service.  Contact: Mr. Aaron Bishop, Director of Admissions – Approved subject to the sponsor hiring off duty police officers to provide traffic control.

7.  Council is asked to approve a request from the First Church of God to close Dubard Street at Covenant Road on Saturday, April 30, 2005 from 9:00 a.m. until 5:00 p.m. for the 2nd Annual Covenant Community Expo.  Contact: Rev. Richard C. DeVours, D.D. - Approved

8.  Council is asked to approve a request from the Sons of Confederate Veterans to close Gervais Street between Assembly Street and Sumter Street on Saturday, May 7, 2005 from 12:00 p.m. until 1:30 p.m. for a Confederate Memorial Holiday Parade.  Contact: Mr. Marvin Busby, Provost Palmetto Camp 22 – Approved subject to the sponsor hiring off duty police officers to provide traffic control.

CONSIDERATION OF BIDS & AGREEMENTS

9.  Council is asked to approve the Purchase of two (2) Vehicles, as requested by the Street Division and the Water Distribution Division.  Award to Pulliam Motors of Columbia, SC and to Benson Ford of Easley, SC using the S.C. State Vehicle Contract in the total amount of $30,660.19. - Approved

Vehicle Type Department Vendor Funding Source Cost
11,200 GVWR Cab & Chassis Street Division Benson Ford 5513202-658500 $20,029.00
Ford Ranger Pick-up Water Distribution Pulliam Motors 5516203-658500 $10,631.19
 
CONSIDERATION OF BIDS, AGREEMENTS AND CHANGE ORDERS

Upon motion by Mr. Cromartie, seconded by Ms. Devine, Council voted unanimously to approve on a single motion Items 10. through 12. as presented.

10.  Council is asked to approve Change Order #1 to WM3794; 16” Water Main along Sumter Street from Hampton Street to Gervais Street in order to compensate the contractor for the installation of an additional 248’ of 8” ductile iron water main along Sumter Street near Wheat Street.  Award to Carolina Tap and Bore in the amount of $20,986.00.  This firm is located in West Columbia, SC. - Approved

11.  Council is asked to approve Change Order #1 to W1025 in order to compensate the contractor for removing and disposing of approximately 3,300 Linear Feet of 16” ductile iron pipe and abandoned service line utilities along Clemson Road that are in conflict with the SCDOT proposed improvements. Award to LAD Corporation in the amount of $71,458.00.  This firm is located in West Columbia, SC.  - Approved

12.  Council is asked to approve Change Order #3 SS680 Phase IIA; Sanitary Sewer to Serve Belvedere Subdivision in order to compensate the contractor for installation of an additional 786’ of 8” PVC Sewer Main along Quail Lane near Forest Ridge Lane.  Award to Ideal Construction Co. in the amount of $202,588.00.  This firm is located in White Rock, SC.  - Approved

ORDINANCES – FIRST READING

13.  Ordinance No.: 2005-007 – An Ordinance to grant to Mid-Carolina Electric Cooperative, Inc. the right, power and authority to erect and install, maintain and operate in, over, under and upon the streets, alleys and public places of the City of Columbia its electric lines, poles, wires, guys, push braces and appurtenant electric distribution facilities, whether used to render service to the City or not, together with any necessary right of access thereto, for such period and within such parts of the city as set forth hereafter; also, to set the amount of franchise fee to be paid by Mid-Carolina Electric Cooperative, Inc. to the City of Columbia, South Carolina.

A motion by Mr. Osborne and seconded by Mr. Cromartie to defer first reading consideration of this Ordinance to allow staff an opportunity to research and recommend how the City of Columbia could require utility companies to use best practices in under grounding utilities was withdrawn.

Upon motion by Mr. Osborne, seconded by Mr. Cromartie, Council voted unanimously to approve on first reading Ordinance No.: 2005-007 - An Ordinance to grant to Mid-Carolina Electric Cooperative, Inc. the right, power and authority to erect and install, maintain and operate in, over, under and upon the streets, alleys and public places of the City of Columbia its electric lines, poles, wires, guys, push braces and appurtenant electric distribution facilities, whether used to render service to the City or not, together with any necessary right of access thereto, for such period and within such parts of the city as set forth hereafter; also, to set the amount of franchise fee to be paid by Mid-Carolina Electric Cooperative, Inc. to the City of Columbia, South Carolina, subject to the City Attorney drafting an Ordinance that would require Mid-Carolina Electric Cooperative to provide underground utility services to new customers and when replacing antiquated lines within the city.

MAP AMENDMENTS / REZONING – FIRST READING

Upon motion by Mr. Cromartie, seconded by Mr. Rickenmann, Council voted unanimously to give first reading approval on a single motion to Items 14. through 16. as presented.

14. Establish Waverly Design Preservation Overlay – Protection Area, the area of the city generally bound by Harden Street, Gervais Street, Millwood Avenue, and Taylor Street and to be identified as Waverly Protection Area and further identified on tax maps: TMS# 11410-01-1 through 29; 11410-02-1 though 7, 9, 10 and 14 through 22; 11411-01-1 through 3, 7, 8, and 11 through 19; 11411-15-1 through 16; 11511-16-1 through 20; 11411-17-1 through 15; 11406-05-1 through 20; 11406-06-1 through 6 and 8 through 13; 11406-07-1 through 24; 11406-08-1 through 20 and 23 through 29; 11407-07-1 through 3; 11407-08-1 through 6; 11407-09-2; 11407-13-1 through 7, 10, 11, 13, 18 through 20, and 22 through 26; 11407-14-1, 3 through 20, 22, 23; 11407-15-1, 3 through 10; 11407-16-1 through 13.  Also shown on map attached to ordinance.  Add –DP (Design Preservation) overlay zone to this district.  This overlay is the application of a Protection Area as provided by Article V (Historic Preservation and Architectural Review) of Chapter 17 (Planning, Land Development, and Zoning) of the City of Columbia Code of Ordinances. – Approved on first reading.

TEXT AMENDMENTS – FIRST READING
 
15. Ordinance No.: 2005-009 – Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 17, Planning, Land Development and Zoning, Article V, Historic Preservation and Architectural Review, Division 3, Landmarks, Sec. 17-681, Districts identified, (c) Protection area district to add (3) – Approved on first reading.

16. Ordinance No.: 2005-010 – Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 17, Planning, Land Development and Zoning, Article III, Zoning, Division 9, Supplementary District Regulations, Sec. 17-309, -DP design and preservation areas to add (d) Supplement district regulations (1) Front yard setbacks – Approved on first reading.

RESOLUTIONS

17.  Resolution No.: R-2005-002 – Authorizing the Five Points Association to Conduct Street and Sidewalk Sales for the “St. Pat’s in Five Points Festival”

Upon motion by Mr. Cromartie, seconded by Mr. Rickenmann, Council voted unanimously to approve Resolution No.: R-2005-002 - Authorizing the Five Points Association to Conduct Street and Sidewalk Sales for the “St. Pat’s in Five Points Festival”.

OTHER MATTERS

18. Council is asked to approve the Disposal of Vehicles and Equipment through a Monthly Sale conducted by the South Carolina Surplus Division.  The charge would be 10% of the selling price per unit sold.  This firm is located in Cayce, SC.

Upon motion by Mr. Cromartie, seconded by Ms. Devine, Council voted unanimously to authorize the Disposal of Vehicles and Equipment through a monthly sale conducted by the South Carolina Surplus Division.  The charge would be 10% of the selling price per unit sold.  This firm is located in Cayce, SC.
 
19.  Council is asked to approve the Proposed Changes in the City’s Current Policy for Participating in the Cost of Extending Water Mains Constructed by Developers Outside the City Limits.
 
This item was deferred until further notice.

20.  ** Columbia Classical Ballet Request for Funding - Ms. Lee Lumpkin, Executive Board President

Ms. Lee Lumpkin, Chair of the Columbia Classical Ballet Executive Board, told the members of Council that the Life Chance Ballet was canceled on January 29, 2005 due to inclement weather.  She stated that the event has been re-scheduled for February 25, 2005 and they would be saluting the American Heart Association.  Ms. Lumpkin requested $22,200.00 to organize the Life Chance Ballet again due to the lost of non-recoverable funding.

Upon motion by Mr. Osborne, seconded by Mr. Cromartie, Council voted unanimously to approve funding in the amount of $22,200.00 for the Life Chance Ballet that was cancelled due to inclement weather conditions on January 29, 2005 and rescheduled for February 25, 2005 at 7:30 p.m.  Mr. Charles P. Austin, Sr., City Manager was directed to determine the source of funding.

APPEARANCE OF PUBLIC HAVING BUSINESS WITH CITY COUNCIL         

Mr. Keith McIver, Hyatt Park Neighborhood Association President, appeared before the members of Council in opposition to the relocation of the Regional Transit Authority Headquarters to Lucius Road.  He said that many citizens attended the recent Public Hearing and they were dissatisfied because there was no meaningful dialogue.  On behalf of the community, Mr. McIver requested a traffic signal and a complete listing of bus stops and route times.  He also requested a true Public Hearing.

Ms. Dana D. Turner, Assistant City Manager for Commerce and Development stated that the City Manager wrote a letter to SCDOT to request a signal.  She stated that the City could only regulate certain things.

· City Council adjourned the meeting at 7:32 p.m.

Respectfully submitted by:
Erika D. Moore
City Clerk