CITY OF COLUMBIA
CITY COUNCIL WORK SESSION MINUTES
February 9, 2005
9:00 AM - City Council Chambers
3rd Floor City Hall - 1737 Main Street

The City of Columbia City Council met for a Work Session on Wednesday, February 09, 2005 in the City Hall Council Chambers at 1737 Main Street, Columbia, South Carolina.  The Honorable Mayor Robert D. Coble called the meeting to order at 9:00 a.m.  The following members of Council were present: The Honorable E. W. Cromartie, II, The Honorable Sam Davis, The Honorable Tameika Isaac Devine and The Honorable Daniel J. Rickenmann.  The Honorable Anne M. Sinclair joined the meeting at 9:05 a.m. and The Honorable Hamilton Osborne, Jr. joined the meeting at 9:15 a.m.  Also present were Mr. Charles P. Austin, Sr., City Manager and Ms. Erika D. Moore, City Clerk.

PRESENTATIONS

**Mayor Robert D. Coble introduced Mr. Ben Bullock, a Swansea High School Senior that will be shadowing the Mayor for a day.

**Councilman E. W. Cromartie, II led us in a moment of silent prayer in remembrance of Mr. Eddie Lloyd.  Mr. Lloyd passed away this morning and will be remembered as a community activist for the Waverly Community.

**Mayor Robert D. Coble and the members of City Council proclaimed Saturday, January 29, 2005 as Leroy Moss Day in the City of Columbia.  Mr. Moss was instrumental in establishing the Hyatt Park Neighborhood Association where he served as President for nearly 17 years.  The proclamation was presented to Mr. and Mrs. Leroy Moss.  Mr. Moss also celebrated his 90th Birthday on Saturday, January 29, 2005.

· Councilwoman Sinclair joined the meeting at 9:05 a.m.

A.  Legislative Update – Mr. John C. West, Jr., The State Capitol Group

Mr. John C. West, Jr. and Ms. Mia Butler of the State Capitol Group provided a legislative update to the members of City Council.  Mr. West stated that the Capital Projects Sales Tax Bill was filed two weeks ago with thirty co-sponsors and that a sub-committee hearing would be scheduled as soon as possible.  He said that Gang Legislation has been filed in both Houses with competing Gang Legislation in the Senate.  He stated that the best course of action would be to amend the House version, get it passed through the House and then forward it to the Senate.  Mr. West explained that the Pre-Trial Intervention Legislation was filed in both Houses and a sub-committee hearing could be scheduled as early as next week. He stated that the Senate Transportation sub-committee is currently conducting a hearing on the Photo-Cop Legislation.  He informed Council of that the Billboard Legislation requires cash compensation if you want to remove a billboard. He said that there’s not a lot that can be done to stop this legislation.  He recommended that the City of Columbia enact an Ordinance that would amortize all the billboards within its jurisdiction over an extended period of time.

· Councilman Hamilton Osborne, Jr. joined the meeting at 9:15 a.m.

Councilwoman Anne M. Sinclair stated that she is very concerned about the Billboard Legislation and she urged the members of Council to fight this bill with their best efforts.  She said that City Council and neighborhood leaders could fight this together.

Councilman Sam Davis asked if this legislation applied to the replacement of deteriorating billboards?

Mayor Robert D. Coble requested that this item be added to Executive Session for further discussion.

Mr. John C. West, Jr. of the State Capitol Group added that an Ordinance to amortize should be passed within the next 30 to 60 days.  He said that there is also pending Annexation Legislation that prohibits opening a city within five (5) miles of an existing city.  He indicated that the Municipal Association of South Carolina would take the lead on this bill.  Mr. West stated that S110 requires municipalities to charge residents outside the city the same rate for water, sewer and electricity that they charge in-city residents. He explained that S92 would prohibit municipalities from removing political signs from highway right of ways fourteen (14) days proceeding an election.  He said that Hog Farm Legislation was introduced this year and they will watch it because it does not exempt municipalities.

B.  Richland County First Steps to School Readiness Program Update – Mr. Rick Noble, Executive Director of the Richland County First Steps Program

Mr. Don Tudor, Chairman of the Richland County First Steps Program Board presented an annual update on the progress of the program that prepares children for school and so much more.  He said that last year they focused on four (4) programs: Quality Childcare Enhancement Project, First Steps to the Library, Parents as Teachers and Project Breathe Easy.  He noted that last year they also worked with 53 childcare programs, 169 families and over 4,000 children. He said that the Breathe Easy Program was not carried forward this year due to budget constraints.  He told the members of Council about the Literacy Improvements for Families Today (LIFT) that is funded through a $1.1 million federal grant.  The program focuses on assisting 400 pre-school students, 40 teachers and 8 childcare centers.

Mr. Rick Noble, Executive Director of the Richland County First Steps Program, stated that they were not here to request funding.  He stated that the program provides school readiness and ensures that every child born in Richland County has the best opportunity to be successful in school.  He said that if the program were successful it would reduce the student drop out rate and similar statistics.  Mr. Noble noted that there are 25,000 children under the age of six in Richland County with 76% of the parents working all day and the children attending various childcare programs.  He concluded that the State could save $30 million per year if school readiness is done right and if retention is reduced by 2% per year.

CITY COUNCIL DISCUSSION / ACTION

C.  Community Promotions Funding Recommendations – Judge Mildred McDuffie, Community Promotions Advisory Committee Chair

Judge Mildred McDuffie, Community Promotions Advisory Committee Chair, requested additional funds for the Community Promotions Fund for fiscal year 2005/2006.  She said that the committee reviewed and recommended denial of the four (4) requests due to limited funding. She said that there is a lot of repetition in the walks and suggested that some of the organizations join together to produce larger events.

Upon motion by Mr. Osborne, seconded by Ms. Sinclair, Council voted unanimously to approve the Community Promotions Advisory Committee’s recommendation to deny funding to the four (4) organizations that applied due to the limited amount of funding available.  (See chart below)

January Project Name Amount Requested  Recommended
Children's Fine Arts Academy Greening the Arts  $ 40,000
Cropp Foundation AAMF Walk/Run for Heath  $1,500
Domestic Abuse Center Court Liaison  $             3,000
Inner Courts, Inc. Anti-Gang Youth Rally Concert  $2,000
 
PRESENTATIONS

D.  Responses to Request for Proposals for the Development of CanalSide – Mr. Jim Gambrell, Economic Development Executive Director
1. The Mungo Company – Mr. Steven Mungo, President
2. The Beach Company – Mr. John Darby, President / Chief Executive Officer

Mr. Jim Gambrell, Director of Economic Development, reminded the members of Council of their request to have staff consider an alternative to their planning for the development of CanalSide. He sated that a Request for Proposals was issued in September to seventy developers and on January 3, 2005 they received proposals from four (4) development teams and companies to purchase the acreage at the old prison site.  He explained that a group interviewed the four (4) respondents and selected the two (2) development teams they felt were most responsive to the Request for Proposals.  He said that the proposals from The Mungo Company and The Beach Company follow the plan formulated by the city.

Councilman Osborne asked for the amount that each developer has proposed to pay for the land.

Mr. Steven Mungo, President of The Mungo Company introduced the following development partners:  Mr. Dan Avant, Mr. Todd Avant, Mr. Joe Eden, Mr. Terry Brown and Mr. Gene Green of Edens & Avant; Mr. Doug Quaceknbush of Quackenbush and Associates; Mr. Ray Wrenn of OSR, LLC and Ms. Kim O’Quinn of Smart Media.  He proposed that the river be opened up more to traffic by extending Taylor Street up to the Esplanade creating additional space for residential, retail and commercial development.  He encouraged the city to consider revising the Esplanade plan by moving the city balcony to interface with the new entrance point.  He proposed the development of multiple mid-rise buildings for the expansion of views to the river.  He said that maintaining a park in the middle of the community flows with the urban atmosphere. He proposed to add an additional park where Taylor Street meets the river.  Both parks would feature wireless Internet access to be utilized by visitors.  He said that a perimeter of greenway, commercial, parking garage and rental units would be used to frame CanalSide and to reduce the noise created by the Hampton Street traffic.  Mr. Mungo explained that by expanding the apartment site, it becomes more cost effective to develop high quality urban property consisting of four to five floors and approximately 275 units.  He proposed that a European style multi-family building with a parking court in the center be developed behind the BellSouth building.  He said that the commercial component becomes more marketable if it has high traffic visibility and fronts on the river.  This would also keep the commuter traffic contained on Taylor Street, which would assure a quieter road for the neighborhood.  The remainder of the interior would be a combination of town homes, flex space and condominiums with high speed Internet access wired into every unit.  He requested more flexibility to mix commercial and residential.  He proposed a health club, cafes, mid-rise buildings and high quality green space.  He further proposed an increase in maximum density from the original PUD to 770 units. Mr. Mungo requested that the City of Columbia City Lender Program be amended to allow CanalSide attached housing.  He also requested that this property be included within the Empowerment Zone.  He explained that their first priority would be to shell up the buildings facing Taylor Street, install the park and connect Middleton Street to the Riverfront Park parking lot.  The remainder of the site would be developed as the market absorbs it.

He further requested that the City of Columbia streamline the approval process by allowing as many decisions to be made on the staff level as legally possible; the power lines on Williams Street and Blanding Street be buried at the city’s expense; the Esplanade be developed in conjunction with the improvements being made to the site; and to consider modifications to the design if Taylor Street was opened up to the canal.  He requested the creation of a special purpose tax district for the on-going maintenance of the public areas.  He proposed that the tax be paid back to the homeowners association by contract to maintain the common areas in a high quality fashion.  He asked the city to build an appropriately sized parking garage on land provided by the developer when needed for the development of the commercial site.  He requested a minimal of an additional 50 parking spaces if the garage is publicly funded.  He requested that they be allowed to construct tennis courts a top the garage if it is built at the city’s expense.  He said that they would pay the cost of adding the roof.  He requested that the property be deeded in sections to lower the property tax burden during development and allow use of all of the studies, designs and working documents that the city has already paid for with this particular project.  He also requested permission to negotiate with the Columbia Police Department for providing space for a police substation.  He also requested that this property be included on the trolley stop to run to Main Street via Publix.  The anticipated investment in this infrastructure is $6 million, the investment in residential construction is $75-125 million and the commercial component is $10-15 million.  The team would be responsible for the build of the project while reserving the right to sell tracts for compatible use.

Councilwoman Tameika Isaac Devine asked how many units were included in the original PUD.

Mr. Steven Mungo, President of The Mungo Company replied that the original PUD provided for 499 units, but it did not consider the development of the Prison Industries Building land.

Councilwoman Tameika Isaac Devine asked if the team had considered working with local banks to put together financing plans to make it more affordable.

Mr. Steven Mungo, President of The Mungo Company stated that the City Lender Program works with the local banks and gives the homebuyer the advantage of not paying for private mortgage insurance.   He noted that the city has a superior loan program.

Councilman Osborne, Jr. asked if the company was proposing to pay $4,200,000.00 without interest over a period of time? He asked if there was a guarentee of payment if all the units were not sold?

Mr. Steven Mungo, President of The Mungo Company told Mr. Osborne that the numbers are correct and that there is a minimum annual payment of $1 million with $1.2 million being paid up front.

Councilman E. W. Cromartie, II told the development team to review how Charlotte, North Carolina developed affordable housing without losing aesthetics.

Mr. Steven Mungo, President of The Mungo Company stated that in order for the development to have a rapid sell out they have to appeal to a wide price point.  He said that he might not be able to hit specifically the price point at 80% of median income.  He said that they didn’t want to propose a reduction in the sales price or to ask for a subsidy from the city when the city could take the money and go into Eau Claire or Waverly and revitalize those communities and provide affordable housing.

Councilman E.W. Cromartie, II asked for a projected completion date?

Mr. Steven Mungo, President of The Mungo Company anticipated a build out within a five (5) year period.

Councilman E.W. Cromartie, II stated that The Mungo Company and their development team do not represent diversity.  He requested that the team consider joint venturing.

Mr. Steven Mungo, President of The Mungo Company stated that they have great working relationships with Dr. Louis Lynn, Seven Star Construction and other minority contractors.

Councilwoman Anne M. Sinclair asked Mr. Mungo if the list of requests could be negotiated?

Mr. Steven Mungo, President of The Mungo Company stated that the list is negotiable.

Councilman Sam Davis asked Mr. Mungo what would happen if the city could not underground the utilities due to the significant infrastructure cost?

Mr. Steven Mungo, President of The Mungo Company said that the request to underground utilities could be negotiated as far as cost to do it and the value of the property.  He said that the buildings that would front Williams Street and Blanding Street would be right against the property line, making it impossible to build close to the power lines unless they are relocated underground. He added that if the buildings have to be pushed back, this would decrease density and the property value.

Councilman Sam Davis asked Mr. Mungo why were they requesting a Special Purpose Tax District?

Mr. Steven Mungo, President of The Mungo Company stated that there would be extensive common areas throughout CanalSide. He said there wouldn’t be a way to regulate the use of these amenities so the fair way would be to generate a very small incremental tax increase in lieu of an administration fee.

Councilman Sam Davis stated that since this is a city-sponsored project they shouldn’t have a right to lock the general public out and public taxpayers should not have to pay a regime fee for an eventual private development.

Councilman Daniel Rickenmann asked if the development would begin with commercial or residential and he asked for additional information on the commercial segment.

Mr. Steven Mungo, President of The Mungo Company stated that the commercial aspect would be market driven.  He said that they would start actively recruiting a tenant for the site as soon as they begin development of the project.

Councilman Daniel Rickenmann asked if there is a proposed hotel?

Mr. Steven Mungo, President of The Mungo Company stated that there might be a proposed Inn.

Councilman Daniel Rickenmann asked if there would be parking decks or surface parking?

Mr. Steven Mungo, President of The Mungo Company stated that there would be a combination of parking, but not too much.

Mr. John Darby, President / Chief Executive Officer of The Beach Company introduced the following development partners:  Ms. Mary Beth Branham and Mr. Tom Hund of LS3P, Mr. Edward Robinson and Mr. Dan Doyle of The Beach Company.  He stated that The Beach Company is a full-service real estate company that specializes in reacting to the market.

Mr. Daniel Doyle, Vice President / Development and Acquisition Manager for The Beach Company told the members of Council that this is a great opportunity for the team to participate in the creation of Columbia’s next neighborhood.  He said that they developed their conceptual site plan and some of the contextual items from the original PUD and plan.

Ms. Mary Beth Branham, Vice President of LS3P Associates LTD, stated that it was important to include local, minority and female businesses.

Mr. Tom Hund, Managing Principal of LS3P Associates LTD, told the members of Council that there are minor deviations from the original plan due to the addition of the Prison Industries Building property and pedestrian traffic flows.  He said that the main difference is to make this an extension of the city and not it’s own acreage.  He added that the center part of the river access was moved up to the central avenue of the development.  He stated that there is an opportunity for structured parking but it would need to be developed where the critical mass is in terms of the retail and commercial components.  He said that there is a lot of flexibility in the product.

Mr. Daniel Doyle, Vice President / Development and Acquisition Manager for The Beach Company proposed a combination of multi-family rental product, attached for sale product, both condominiums and town homes as well as a commercial component.  He further proposed first floor retail within the residential buildings and two (2) stand-alone retail/commercial buildings.  He said that a future parking component has also been accommodated.  He outlined the delivery of the product as follows:  Years one and two would include the rental component along with the first phase of the for sale residential to include some retail to support the residential component; Years two through five would be the main delivery of the for sale residential component with limited first floor retail to be included; years five through seven would offer the major retail component that is complimentary to the residential component.

Mr. Edward Robinson, IV, Commercial Broker, stated that retail follows rooftops.  He said that over the seven year build out the team would like to incorporate more retail and commercial.  He said that there would be a combination of magnetic retail attraction and complimentary retail.  He reiterated that the development would be flexible and completed over time.
 
Mr. Daniel Doyle, Vice President / Development and Acquisition Manager for The Beach Company said that the density conforms to the CanalSide plan and that the team is very comfortable with moving forward under this program.  He stated that the purchase price currently ranges from $3.5 to 6.8 million depending upon the number of affordable units the City of Columbia would like included in this project.  He indicated that the $3.5 million purchase price is based on 20% affordable housing units and the $6.8 million purchase price does not include any affordable housing units.  He stated that although this will be a $115 million investment, they are not requesting any financial incentives from the City of Columbia.  Mr. Doyle did request that the City of Columbia complete the Esplanade in a timely manner and that they remove the abandoned Hampton Street overpass.  He further recommended a Finlay Park Greenway to create an additional linkage into the Vista; a cooperative regulatory environment and linkages to public transportation.

Mr. John Darby, President / Chief Executive Officer of The Beach Company told the members of Council that the firm has experience with urban, in-fill, mixed use projects.  He said that the firm also has the reputation to execute and the financial strength.

Councilwoman Tameika Isaac Devine asked Mr. Darby to elaborate on the affordable housing aspect of this project.  She asked him how did their firm envision the loan program and reduced pricing?

Mr. John Darby, President / Chief Executive Officer of The Beach Company stated that their firm has been in the affordable housing business for sixty years with well over 2,000 units in the southeast region.  He stated that subsidies make housing affordable and that takes money.  He said that many banks make great financing available.

Councilwoman Tameika Isaac Devine asked if the affordable units would be different from the other units?

Mr. John Darby, President / Chief Executive Officer of The Beach Company stated that the units could be different, but it’s a work in progress.  He said that they would have to understand how the units would be subsidized, if they were rental or ownership units and what type of unit it is.

Councilman Hamilton Osborne, Jr. asked Mr. Darby if the price would be paid in cash at the closing.

Mr. John Darby, President / Chief Executive Officer of The Beach Company said yes.

Councilman E.W. Cromartie, II asked how the firm intended to diversify the project.

Ms. Mary Beth Branham, Vice President of LS3P Associates LTD., stated that she currently has good working relations with many sub-contractors such as DESA Inc., Enviro AgScience and others.  She said they would be in dialogue with local Civil Engineers.  She said they are committed to using local and minority firms.

Councilwoman Anne M. Sinclair inquired about The Beach Company’s long-term involvement in ownership.

Mr. John Darby, President / Chief Executive Officer of The Beach Company explained that some parcels might be sold to a developer or company with better expertise in that area of development such as a hotel.  He said that the firm typically develops and own long-term, but in this instance there could be a mix.  He added that the integration of mixed income units is tricky and timing is crucial, but it can be done.

CITY COUNCIL DISCUSSION / ACTION

E.  Council is asked to approve the following meeting schedule for March 2005:

Upon motion by Mr. Cromartie, seconded by Mr. Rickenmann, Council voted unanimously to approve the following meeting schedule for March 2005.

  Meeting Dates Type of Meeting  Meeting Time
  March 2, 2005 Work Session  4:00 p.m.
   Council Meeting  6:00 p.m.
  March 9, 2005 Meetings Canceled
  March 16, 2005 Work Session  9:00 a.m.
   Zoning Public Hearing  10:00 a.m.
  March 23, 2005 Work Session  9:00 a.m.
  March 30, 2005 Work Session  9:00 a.m.

MAP AMENDMENTS / REZONING – FIRST READING

F. 506 Sunset Drive, TMS# 09107-06-03(p); rezone from RS-1 to PUD-R.

Councilwoman Tameika Isaac Devine stated that she and Councilman Davis did meet with the community and their position hasn’t changed.

Upon motion by Ms. Devine, seconded by Mr. Davis, Council voted unanimously to deny first reading approval for the Rezoning of 506 Sunset Drive, TMS# 09107-06-03(p); rezone from RS-1 to PUD-R.

CITY COUNCIL DISCUSSION / ACTION

G.  Commission on Columbia City Government Reform and Restructuring – The Honorable Mayor Robert D. Coble

Councilman Hamilton Osborne, Jr. stated that changing our current form of government is a bad idea and it shouldn’t be studied.

Councilman Sam Davis stated that he doesn’t see the City of Columbia having a strong mayor form of government.  He said that he is hesitant and suspect of the commission itself.

Councilwoman Tameika Isaac Devine stated that she is supportive of the commission and requested that the members recommend how the structure could be streamlined.  She further requested that the citizens of Columbia be educated on the current form of government.

Councilman E. W. Cromartie, II, stated that the City should review the internal structure with input.  He said that he would fight to keep the current form of government.

Councilwoman Anne M. Sinclair stated that she supports the commission and the current form of government, but it’s important to take stock and evaluate.

Councilman Daniel J. Rickenmann stated that he supports the commission for several reasons, but mostly to see if we are performing the way we should.

Upon motion by Mayor Coble, seconded by Ms. Sinclair, Council voted five (5) to two (2) to establish the Commission on Columbia City Government Reform and Restructuring to examine Columbia’s current form of government and to determine its effectiveness, responsiveness, and accountability to the citizens of the city.  If the Commission determines that a new form would be better benefit the citizens, the Commission should review alternatives available under State as well as alternatives that require an amendment to State law.  The Commission should make a recommendation to either keep the current form or make a recommendation for an alternative. Voting aye were Mr. Cromartie, Ms. Sinclair, Ms. Devine, Mr. Rickenmann and Mayor Coble. Voting nay were Mr. Davis and Mr. Osborne.

The Commission should hold public hearings and public forums and all business in the open.  The Commission should establish a work plan for staffing and establish a reasonable budget to be presented to City Council.  City Council would ask the Municipal Association of S.C. to initially host and staff the Commission and continue if the Commission agrees. The Commission should make a recommendation within six (6) months of the first meeting. Any recommendation must have the support of ¾ of the Commission or 13 votes.

The Commission shall be comprised of the following seventeen (17) members:

Patton Adams – Chairman Belinda Gergel Bobby Gist
Bob Amundson Myrtle Gordon Kirkman Finlay
Virginia Bedford Henry Hopkins Dalhi Myers
Bill Boyd  Lonnie Randolph
Mignon Clyburn Diane Sumpter
Crawford Clarkson Jack Goette
Kester Freeman Darren Thomas

H.  Proposed Audit Committee – The Honorable Anne M. Sinclair

Upon motion by Ms. Sinclair, seconded by Mr. Osborne, Council voted unanimously to approve the appointment of the members of City Council to the Audit Committee.  This committee will conduct its first meeting on February 16, 2005 after Executive Session.

APPOINTMENTS

I.  Columbia Development Corporation

Upon motion by Mr. Cromartie, seconded by Ms. Devine, Council voted unanimously to approve the appointment of Mr. Clifton Spann, Arsenal Hill Neighborhood Association President to the Columbia Development Corporation Board of Directors for a two (2) year term to expire on December 31, 2006.  There is one (1) vacancy remaining on the Columbia Development Corporation Board of Directors.

CONSENT AGENDA

Upon motion by Mr. Cromartie, seconded by Ms. Sinclair, Council voted unanimously to approve on a single motion the Consent Agenda Items J. through M.

CONSIDERATION OF BIDS AND AGREEMENTS

J.  Council is asked to approve Repairs to the Keenan House, as requested by the Department of Parks & Recreation.  Award to Preferred Construction, the lowest bidder in the amount of $29,890.00.  This firm is located in Columbia, SC. - Approved

MAP AMENDMENTS / REZONING – SECOND READING

K. 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.  First Reading approval was given on February 2, 2005. – Approved on second reading.

TEXT AMENDMENTS – SECOND READING
 
L. 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) First Reading approval was given on February 2, 2005. – Approved on second reading.

M. 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 First Reading approval was given on February 2, 2005. – Approved on second reading.

CONSIDERATION OF BIDS, AGREEMENTS AND CHANGE ORDERS

Upon motion by Ms. Sinclair, seconded by Mr. Cromartie, Council voted unanimously to approve Items N. and O. as presented.

N.  Council is asked to approve Renovations to the Earlewood Park Amphitheater, as requested by the Department of Parks & Recreation.  Award to Advance Outdoor Services, the lowest bidder, in the amount of $139,172.00.  This Female Business Enterprise is located in Columbia, SC.  - Approved

O.  Council is asked to approve the Columbia Tennis Center Parking Lot Expansion, as requested by the Department of Parks & Recreation.  Award to Cherokee, Inc., the lowest bidder, in the amount of $484,650.00.  This firm is located in Columbia, SC.  - Approved

ORDINANCES – FIRST READING

P.  Ordinance No.: 2005-012 – Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 22, Streets, Sidewalks and Other Public Places, Article V, Utility Installation in Streets to add Sec. 22-137, Underground utilities

Upon motion by Mr. Osborne, seconded by Mr. Cromartie, Council voted unanimously to approve on first reading Ordinance No.: 2005-012 - Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 22, Streets, Sidewalks and Other Public Places, Article V, Utility Installation in Streets to add Sec. 22-137, Underground utilities.

RESOLUTIONS

Q.  Resolution No.: R-2005-006 – Authorizing Sidewalk Sales for Granger Owings, Inc. at 1333 Main Street

Upon motion by Ms. Devine, seconded by Mr. Davis, Council voted unanimously to approve Resolution No.: R-2005-006 - Authorizing Sidewalk Sales for Granger Owings, Inc. at 1333 Main Street.

Upon motion by Ms. Devine, seconded by Mr. Osborne, Council voted unanimously to go into Executive Session at 11:26 a.m. to discuss Items R. through T. as amended.  Mr. Cromartie was not present for the vote.

EXECUTIVE SESSION DISCUSSION

· Ms. Sinclair left the meeting at 11:47 a.m.

  R. **Receipt of legal advice, which relates to pending, threatened or potential claims
   This item was discussed in Executive Session no action was taken.

  S. **Discussion of negotiations incident to proposed contractual arrangements
- State Farmers Market – Mr. Steven A. Gantt, Senior Assistant City Manager for Operations
   This item was discussed in Executive Session no action was taken.

T.  **Receipt of legal advice, which relates to matters covered by attorney-client privilege
- **Billboard Legislation
  This item was discussed in Executive Session no action was taken.

- **Mid-Carolina Electric Cooperative
  This item was discussed in Executive Session.

· City Council adjourned the Executive Session discussion at 12:05 p.m.
 
ORDINANCES – SECOND READING

U.  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.  First Reading approval was given on February 2, 2005.

Upon motion by Mr. Osborne, seconded by Ms. Devine, Council voted unanimously to approve on second 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.

· City Council reconvened the Executive Session discussion at 12:06 p.m.

· City Council adjourned the meeting at 12:50 p.m.

Respectfully submitted by:
Erika D. Moore
City Clerk