CITY COUNCIL ZONING PUBLIC HEARING MINUTES
WEDNESDAY, MARCH 16, 2005
10:00 A.M. – 1737 MAIN STREET
CITY COUNCIL CHAMBERS

The City of Columbia City Council met for a Zoning Public Hearing on Wednesday, March 16, 2005 in the City Council Chambers at 1737 Main Street, Columbia, South Carolina.  The Honorable Mayor Robert D. Coble called the meeting to order at 10:10 a.m.  The following City Council members were present: The Honorable E. W. Cromartie, II, The Honorable The Honorable Hamilton Osborne, Jr., The Honorable Sam Davis, The Honorable Tameika Isaac Devine and The Honorable Daniel J. Rickenmann.  Absent was The Honorable Anne M. Sinclair. Also present were Mr. Charles P. Austin, Sr., City Manager and Ms. Shirley J. Dilbert, Acting City Clerk.

PRESENTATIONS

1. February 2005 Employee of the Month (Mr. Arthur Jimenez) – Mr. David Knoche, Fleet Services Manager

Mr. David Knoche, Fleet Services Manager introduced Mr. Arthur Jimenez as the February 2005 Employee of the Month.  Mr. Jimenez is an Automotive Technician II with 15 years of service and he also serves as a Safety Officer.  He was described as an excellent Technician that does his work and goes the extra mile to ensure that the goals of fleet services are met.  He has excellent attendance and has not used sick leave in several years.

Mayor Coble presented Mr. Arthur Jimenez with a plaque for being recognized as the February 2005 Employee of the Month.

Mr. Charles P. Austin, Sr., City Manager, presented Mr. Jimenez with a token of appreciation.

2. Greening the Arts Festival, 2005 – Ms. Shirley Fields-Martin, Executive Director

Ms. Shirley Fields-Martin, Executive Director, stated that the Greening the Arts Festival was created to address the City of Columbia’s need for public arts education programs to benefit all communities. She said that the festival’s objective is to gain a greater appreciation among diverse communities for the arts as a vital component when considering issues of quality of life and to aid in the building of a stronger arts community, which would eventually have the support to assist in fostering greater economic growth through cultural programs and projects.  Ms. Martin said that she is not here to badger the position that public arts and education should hold when weighed against decisions to maintain roadways, streets, to prevent the loss of humane services and or to provide relief to taxpayers.  She requested substantial support of public art education through the support of the Greening the Arts Festival.

3. Update on CanalSide  – Mr. Jim Gambrell, Director of Economic Development

Mr. Jim Gambrell, Director of Economic Development told the members of City Council that a Request for Proposals has been issued for the sell of the CanalSide property.  He stated that The Mungo Company withdrew the requirements for the City of Columbia to construct a parking garage and to underground the utilities along Williams Street.

Upon motion by Mayor Coble, seconded by Ms. Devine, Council voted unanimously to select The Beach Company as the Purchaser / Developer of CanalSide. City staff and legal Counsel are authorized to commence contract negotiations with The Beach Company promptly after The Beach Company has completed and submitted a feasibility study. The final terms of the contract, including without limitation, pricing should be subject to the approval of City Council.  Mr. Osborne abstained from voting due to a potential conflict of interest.
4. Resolution in Defense of the Bill of Rights – Ms. Kate Webb, Committee to Celebrate our Bill of Rights

Ms. Kate Webb, Committee to Celebrate our Bill of Rights, said that they were here today to defend our Bill of Rights.

Ms. Denise Williams, Executive Director of the American Civil Liberties Union of South Carolina, presented a Resolution in opposition to the US Patriot Act, which was a sweeping range of laws that was passed in wake of the 9/11 attacks on the United States.  She stated that the City of Columbia should join the National League of Cities and 368 other municipalities in four states, which have passed similar Resolutions.  Ms. Williams said that the US Patriot Act creates for cities an unfounded mandate in that police power is diverted away from local problems to enforcing areas of the Patriot Act.

PUBLIC HEARING

5.    Fiscal Year 2005/2006 Community Development Block Grant Program and HOPWA   Budget Recommendations from the Citizens Advisory Committee – Mr. Rick Semon, Community Development Director and Ms. Laura Cahue, Citizens Advisory Committee Chair

No one appeared in opposition or in support of the proposed budget.

ZONING PUBLIC HEARING

CONFIRMATIONS – FIRST READING

6.  1715 Broad River Road, TMS# 07405-09-05; property is zoned C-3. - Approved on first reading.

Upon motion by Mr. Davis, seconded by Ms. Devine, Council voted unanimously to give first reading approval to the Zoning Confirmation for 1715 Broad River Road, TMS# 07405-09-05; property is zoned C-3.

7.  6925 North Main, TMS#11814-01-05; the property is zoned M-1 - Approved on first reading.

Upon motion by Mr. Davis, seconded by Mr. Rickenmann, Council voted unanimously to give first reading approval to the Zoning Confirmation for 6925 North Main, TMS#11814-01-05; the property is zoned M-1.

MAP AMENDMENTS and REZONING – FIRST READING

8.  5420-5426 and 5496-5590 Forest Drive (East Forest Plaza), TMS# 16706-04-06, 16709-01-01, 16710-02-04 and 05; rezone from C-3 to PUD-C. – Approved on first reading.

Upon motion by Mr. Osborne, seconded by Mr. Rickenmann, Council voted unanimously to give first reading approval to the Map Amendment and the Rezoning of 5420-5426 and 5496-5590 Forest Drive (East Forest Plaza), TMS# 16706-04-06, 16709-01-01, 16710-02-04 and 05; rezone from C-3 to PUD-C.

9. Lot at corner of Cumberland Drive and Hazelhurst Road, TMS# 09205-03-75; rezone from RS-1 to RS-2. – Approved on first reading.

Mr. Eddie Gaston does not have a problem with this request as long as he doesn’t use it for parking his company trucks as he did in the past.  He requested that the applicant be given a timeline to build the homes.

Mr. Frederick Gillian stated that it is not his intention to use this property as parking space.  He also said that he doesn’t own any commercial vehicles.

Upon motion by Mr. Davis, seconded by Ms. Devine, Council voted unanimously to give first reading approval to the Rezoning of a Lot at the corner of Cumberland Drive and Hazelhurst Road, TMS# 09205-03-75; rezone from RS-1 to RS-2.

10. 1630-1634 Taylor Street and 1521 Henderson Street, TMS# 11402-05-09; rezone from C-3 and C-1 to C-3. – Approved on first reading.

Upon motion by Mr. Cromartie, seconded by Ms. Devine, Council voted unanimously to give first reading approval to the Map Amendment and Rezoning of 1630-1634 Taylor Street and 1521 Henderson Street, TMS# 11402-05-09; rezone from C-3 and C-1 to C-3.

11.  124 Duke Avenue, TMS#09206-09-07; rezone from RS-2 to PUD-R. - Approved on first reading.

Upon motion by Mr. Cromartie, seconded by Mr. Rickenmann, Council voted unanimously to give first reading approval to the Map Amendment and Rezoning of 124 Duke Avenue, TMS#09206-09-07; rezone from RS-2 to PUD-R.

12.  213 Lost Creek Drive (Lot 6, Lost Creek Plantation), TMS# 05114-04-04; rezone from Richland County D-1 to RS-1. – Approved on first reading.

Ordinance No.: 2005-021 – Annexing 213 Lost Creek Drive, Lot 6, Lost Creek Plantation Richland County TMS# 05114-04-04 – Approved on first reading.

Upon motion by Mr. Davis, seconded by Ms. Devine, Council voted unanimously to give first reading approval on a single motion to the Rezoning of 213 Lost Creek Drive (Lot 6, Lost Creek Plantation), TMS# 05114-04-04; rezone from Richland County D-1 to RS-1 and Ordinance No.: 2005-021 – Annexing 213 Lost Creek Drive, Lot 6, Lost Creek Plantation Richland County TMS# 05114-04-04.

13.  22.94 acres, E/S 4100 block Broad River Road (West Haven Townhomes), TMS# 06112-05-25; rezone from Richland County C-3 to PUD-R.

Ordinance No.: 2005-017 – Annexing 22.943 +/- acres, E/S Broad River Road, Richland County TMS# 06112-05-25 - Approved on first reading.

Upon motion by Mr. Cromartie, seconded by Mr. Davis, Council voted unanimously to give first reading approval to the Rezoning of 22.94 acres, E/S 4100 block Broad River Road (West Haven Townhomes), TMS# 06112-05-25; rezone from Richland County C-3 to PUD-R and Ordinance No.: 2005-017 – Annexing 22.943 +/- acres, E/S Broad River Road, Richland County TMS# 06112-05-25.

MAP & TEXT AMENDMENTS

14.   Fountain in City of Columbia right of way in cul-de-sac of Myrtle Court (Surrounded by 14, 15, 20, 24 Myrtle Court), Tax Map page 11307 between blocks 07 and 09; rezone from RS-3 to RS-3, -DP. – Approved on first reading.

  Ordinance No.: 2005-011 – 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 4, Landmarks, Sec. 17-691, Buildings and site list, (c) – Approved on first reading.

Upon motion by Ms. Devine, seconded by Mr. Davis, Council voted five (5) to one (1) to give first reading approval on a single motion to the Map and Text Amendment for the Fountain in City of Columbia right of way in cul-de-sac of Myrtle Court (Surrounded by 14, 15, 20, 24 Myrtle Court), Tax Map page 11307 between blocks 07 and 09; rezone from RS-3 to RS-3, -DP and Ordinance No.: 2005-011 – 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 4, Landmarks, Sec. 17-691, Buildings and site list, (c).  Voting aye were Mr. Cromartie, Mr. Davis, Ms. Devine, Mr. Rickenmann and Mayor Coble.  Voting nay was Mr. Osborne.

TEXT AMENDMENTS

15.   Ordinance No.: 2005-027– Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 17, Planning, Land Development and Zoning, Article III, General Regulations, Sec. 17-204, Nonconforming lots of record. – Approved on first reading.

Upon motion by Ms. Devine, seconded by Mr. Davis, Council voted unanimously to give first reading approval to Ordinance No.: 2005-027– Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 17, Planning, Land Development and Zoning, Article III, General Regulations, Sec. 17-204, Nonconforming lots of record.

CONSENT AGENDA

Upon motion by Mr. Cromartie, seconded by Mr. Davis, Council voted unanimously to approve on a single motion the Consent Agenda Items 16. through 24. as presented.

STREET CLOSINGS

16.   Council is asked to approve a request from the Koger Center for the Arts to close Lincoln Street between Greene Street and Blossom Street on Friday, March 18, 2005 from 8:30 a.m. until 1:00 p.m. for a Columbia Classical Ballet performance.  Contact: Ms. Jean Weingarth, House Manager. - Approved

17.   Council is asked to approve a request from the Township Auditorium to close Henderson Street between Taylor Street and Blanding Street and Blanding Street between Pickens Street and Henderson Street on Monday, March 21, 2005 from 7:00 a.m. until 1:00 p.m. for the Children’s’ Show.  Contact: Ms. Sally Roach, Executive Director. - Approved

18.   Council is asked to approve a request from the SC Employment Security Commission to close Wayne Street at Hampton Street to Gadsden Street on Wednesday, April 13, 2005 from 9:00 a.m. until 4:00 p.m. for the Annual Retiree Reunion.  Contact: Mr. James Keisler, Chief of SCESC Public Safety. - Approved

19.   Council is asked to approve a request from the Kilbourne Park Neighborhood Association to close the 1400 block of Pinemont Drive between Linwood Road and Roundtop Road on Saturday, April 23, 2005 from 5:00 p.m. until 8:00 p.m. for a Neighborhood Party.  Contact:  Ms. Jane Dorn. - Approved

CONSIDERATION OF BIDS & AGREEMENTS

20.   Council is asked to approve the Purchase of Three (3) Servers and One (1) Door Frame, as requested by the Information Technology Department.  Award to Dell Computers using the S.C. Technology Contract in the amount of $13,956.84.  This vendor is located in Round Rock, TX. - Approved

21.    Council is asked to approve the Purchase of a Coin Counter, as requested by the Parking Division.  Award to Cummins-Allison, the only bidder in the amount of $16,636.85.  This vendor is located in Charlotte, NC. - Approved

22.   Council is asked to approve the Purchase of Park Benches, Tables and Trash Receptacles, as requested by the Parks and Recreation Department.  Award to Contract Connections, the lowest bidder, in the amount of $33,097.55. This vendor is located in Jacksonville, FL. - Approved

23.   Council is asked to approve the Purchase and Installation of a High Pressure Water Jetting Skid Unit, as requested by Wastewater Maintenance.  Award to Jet Vac Sewer Equipment Co., the lowest bidder, in the amount of $45,013.35.  This vendor is located in Sumter, SC. - Approved

24.   Council is asked to approve the installation of a PVC Pool Liner and Upgrade Systems    to Maxcy Gregg Pool as requested by the Parks and Recreation Department.  Award Contract to Carolina Pool Company in the amount of $99,970.00. - Approved

OTHER MATTERS

25.  Discussion of Development Corporation Reform.

Mayor Coble explained that Councilwoman Sinclair is not in favor of this motion.  He requested that she be able to hear this recording.

Upon motion by Mayor Coble, seconded by Mr. Rickenmann, Council voted unanimously to approve the following as it relates to the structure of the East Central City Consortium.

1. That East Central City Consortium, Inc. (ECCC) is currently and would continue to be a 501 (c)(3) Community Development Corporation;
2. That to comply with HUD regulations, no member of City Council shall serve as a member or ex officio member of the ECCC Board;
3. Direct the City Manager to negotiate with the ECCC Board a contract to insure that all City monies provided to ECCC are spent and accounted for under City policy;
4. That the City Council establish a City Redevelopment Corporation made up of the entire City Council; the Redevelopment Corporation would acquire and own any property necessary for any ECCC redevelopment project;
5. That the City Manager will issue an RFQ for the selection of a master neighborhood management/development consultant for predevelopment planning.
6. Quarterly reports to the City Manager to be provided to Council.

CONSIDERATION OF BIDS, AGREEMENTS & CHANGE ORDERS

 26.   Council is asked to approve a Contract for A Business Underutilization Causation Analysis Study, as requested by Administration.  Award to MGT of America, Inc., in the amount of $232,976.00.  This firm is located in Columbia, SC.

Upon motion by Mayor Coble, seconded by Mr. Rickenmann, Council voted unanimously to approve a Contract for A Business Underutilization Causation Analysis Study by MGT of America, Inc., in the amount of $232,976.00.

 27.   Council is asked to approve the list of businesses responding to the request for qualifications interested in participating in a pilot program for Construction Management. 1) Buchanan Construction Company; 2) Construction Dynamics; 3) DESA, Inc.; 4) Enviro AgScience; 5) LCK Construction Services, and 6) GEO-SYSTEMS DESIGN & TESTING, INC.

Upon motion by Mayor Coble, seconded by Mr. Rickenmann, Council voted unanimously to approve the list of businesses responding to the request for qualifications interested in participating in a pilot program for Construction Management. 1) Buchanan Construction Company; 2) Construction Dynamics; 3) DESA, Inc.; 4) Enviro AgScience; 5) LCK Construction Services, and 6) GEO-SYSTEMS DESIGN & TESTING, INC.

 28.   Council is asked to approve a Contract for Project Coordination and Professional           Services to develop/redevelop certain blighted and unsightly areas in and around the City of Columbia as request by Administration.  Award to F.A. Johnson Consulting Group, Inc., in the amount of $225,000.00 to develop the Master Plan for North Columbia and $174,800.00 for the Technical Consultant Agreement.  - This item was moved to Executive Session for further discussion.  No action taken at this time.

ORDINANCES – FIRST READING

29. Ordinance No.: 2005-022 – Authorizing transfer of 0.18 acre (7,885 square feet) unopened section of the 600 block of Washington Street to Renaissance Plaza, LLC

Upon motion by Ms. Devine, seconded by Mr. Rickenmann, Council voted unanimously to approve on first reading Ordinance No.: 2005-022 – Authorizing transfer of 0.18 acre (7,885 square feet) unopened section of the 600 block of Washington Street to Renaissance Plaza, LLC.

30. Ordinance No.: 2005-024 – Authorizing execution of a Deed from the City of Columbia to Complete Contractor Services, Inc. for the transfer of 1108 Rumar Street, Richland County TMS# 11706-10-04

Upon motion by Mayor Coble, seconded by Mr. Rickenmann, Council voted unanimously to approve on first reading Ordinance No.: 2005-024 – Authorizing execution of a Deed from the City of Columbia to Complete Contractor Services, Inc. for the transfer of 1108 Rumar Street, Richland County TMS# 11706-10-04.

31. Ordinance No.: 2005-026 – Authorizing execution of an Agreement to Sell and Buy between the City of Columbia and Forum Development II, LLC for the transfer of 3.53 acres (153,620 square feet) in Columbia Industrial Park, Richland County TMS #13512-04-01 (portion)

Upon motion by Mr. Osborne, seconded by Ms. Devine, Council voted unanimously to approve on first reading Ordinance No.: 2005-026 – Authorizing execution of an Agreement to Sell and Buy between the City of Columbia and Forum Development II, LLC for the transfer of 3.53 acres (153,620 square feet) in Columbia Industrial Park, Richland County TMS #13512-04-01 (portion).

RESOLUTIONS

31a.  Resolution No.: R-2005-009 – Authorizing consumption of alcoholic beverages at Contemporaries Concerts

Upon motion by Mr. Osborne, seconded by Mr. Rickenmann, Council voted unanimously to approve Resolution No.: R-2005-009 – Authorizing consumption of alcoholic beverages at Contemporaries Concerts.

OTHER MATTERS

31b.  Council is asked to approve a Contract for Professional Services to assist in the expansion of opportunities for affordable homeownership and the redevelopment of blighted inner city neighborhoods, as requested by the Community Development Department.  Award to the Columbia Housing Development Corporation in an amount not to exceed $129,020.07.
 
Consideration of this item was deferred to the March 23, 2005 Council Meeting.

APPEARANCE OF PUBLIC HAVING BUSINESS WITH CITY COUNCIL        

Mr. Henry Koch, Midlands Norml, 9005 Two Notch Road, appeared before the members of Council to express concerns about utilizing public funds to promote a festival that doesn’t support the non-profit groups and organizations of the Midlands.  He said that most non-profits are excluded because of the unreasonably high entrance fees.  He stated that participation in the 2003 and 2004 Three Rivers Music Festival cost MPO’s $250.00 for tables, chairs and signage.  He said that this year the MPO’s are required to register as merchandise vendors and pay $1, 059.00 or the same fees that for profit businesses pay.  They must also obtain a $1 million insurance policy naming the Three Rivers Music Festival as an additional insurer.  Mr. Koch asked how the City of Columbia continues to support a festival that loses money each year.  He requested a complete audit of the Three Rivers Music Festival and that the findings be published in newspapers and on the Internet.  He further requested that the City of Columbia hold funding until the festival amends its application to include the MPO classification.

Mr. Michael Burke, Director of the Carolina Peace Resource Center, appeared before the members of Council to express concerns for the fees charged by the Three Rivers Music Festival.  He said that an event that utilizes public funds should have reasonable access for non-profit or service organizations.  Mr. Burke said that space is not a concern because there is room for small tables.

· Council adjourned the meeting at 12:15 p.m. to reconvene the Work Session.

Respectfully submitted by:
Erika D. Salley
City Clerk