CITY OF COLUMBIA
CITY COUNCIL MEETING &
PUBLIC HEARING MINUTES
WEDNESDAY, MARCH 19, 2003
10:00 A.M. - 1737 MAIN STREET
CITY COUNCIL CHAMBERS

The City of Columbia City Council met in regular session and for a Public Hearing on Wednesday, March 19, 2003, in the City Hall Council Chambers, 1737 Main Street, Columbia, South Carolina.  Mayor Robert D. Coble called the meeting to order at 10:00 a.m.  Council members present were Council members present were 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.  Absent was The Honorable E. W. Cromartie, II.  Also present were Mr. Charles P. Austin, Sr., Interim City Manager and Ms. Pamela J. Ferst, City Clerk.

APPROVAL OF MINUTES

1. Minutes of March 05, 2003

Upon motion by Ms. Sinclair, seconded by Mr. Papadea, Council voted unanimously to approve the Minutes of March 05, 2003.

PRESENTATIONS

2. Employee of the Month – Mrs. Frances Bedenbaugh, Collections Senior Clerk
 Introduction by Ms. Maria Melonas, Collections

Ms. Maria Melonas, Collections, introduced Mrs. Frances Bedenbaugh, Collections Senior Clerk as the March 2003 Employee of the Month.  Ms. Melonas described Ms. Bedenbaugh as a dedicated, loyal, ready and willing employee. She said that Ms. Bedenbaugh is always on time, lessens the workload of her peers and has created two (2) innovative ideas that will be implemented in their area.

Mayor Coble presented Ms. Frances Bedenbaugh with a plaque acknowledging her as the March 2003 City of Columbia Employee of the Month.

Mr. Charles P. Austin, Sr., Interim City Manager, presented Ms. Bedenbaugh with a token of appreciation and a certificate for one (1) day off with pay.
 
PUBLIC HEARING

Mayor Coble opened the Public Hearing at 10:07 a.m.

3. Proposed Community Development Block Grant Amendments to Fiscal Years 1996, 1997, 1998, 1999, and 2000 to receive comments on Housing and Community Development needs and other requirements, (including Fiscal Year 2003/2004 Community Development Block Grant recommendations, Home Funds and Housing Opportunities for persons with AIDS (HOWPA) recommendations.)

Mr. Rick Semon, Director of Community Development, asked for comments on the housing and community development needs of the City.  He told Council that CDBG funds would be focused on Read Street, Eau Claire, Edisto Court and King.  Mr. Semon told the members of Council to anticipate complaints regarding a decrease in funding from CANDO.
No one appeared to speak in favor of or in opposition to the above amendments.

Mayor Coble closed the Public Hearing at 10:10 a.m.

CONSENT AGENDA

Upon motion by Mr. Papadea, seconded by Ms. Isaac, Council voted unanimously on a single motion to approve the Consent Agenda Items 4. through 16. as presented.

STREET CLOSING REQUESTS

4. Council is asked to approve a request from the Soap Box Derby Committee to close Taylor Street from Assembly to Huger Street (with one (1) lane of traffic open from Assembly Street to the Post Office) on Friday, June 06 (young drivers will practice going down the hill) from 11:00 a.m. until 2:00 p.m. and Saturday, June 07, 2003 from 6:00 a.m. until 5:30 p.m. for the City of Columbia All-American Soap Box Derby Race (the largest in the Southeast).  Contact:  Douglas W. Ambrose
  - Approved

5. Council is asked to approve a request from Waverly United for Action, Inc. to close the 900 and 1000 blocks of House Street between Senate and Bratton Streets on March 29, 2003 from 10:00 a.m. to 6:00 p.m. for an Annual Heath Fair, Neighborhood Parade and a Community Revival.  Contact:  Eddie B. Lloyd, Jr.
  - Approved

6. Council is asked to approve a request from The Housing Authority to close Read Street between Harden and Oak Streets on Thursday, April 17, 2003 from 11:00 a.m. until 1:30 p.m. for the Wall of Fame event.  Contact:  Gilbert Walker
  - Approved

 6a. **Council is asked to approve a request from the Eau Claire Development Corporation on behalf of SCDOT to close Lester Drive from the intersection with Bailey Street to the entrance of Bethel Bishop apartments off Lester Drive and the close the last Block of Bailey Street from the intersection with Colony Forest Drive to the terminus of Bailey at the Lester Drive intersection on Monday, March 24, 2003 from 7:30 a.m. until 2:00 p.m. for the I-277 Pedestrian Bridge Dedication.  Police department traffic control assistance is requested also due to road detours for emergency vehicle access and parking requirements for the event.   Contact:  Mike Manis - Approved

CONSIDERATION OF BIDS, AGREEMENTS, AND CHANGE ORDERS

7. Council is asked to approve a request to Purchase Three (3) 12 Ton Trailers, as requested by the Street and Wastewater Maintenance Divisions.  Award to Lee Transport, the low bidder, in the amount of $20,535.00.  No M/FBE bids submitted.  The vendor is located in Richland County.  - Approved
 
8. Council is asked to approve the Purchase of Upgrades to the Gas Boy Systems, as requested by Fleet Services.  Award to Palmetto Protection Systems, Inc., the low bidder, in the amount of $16,679.25.  There are no MBE/FBE companies who furnish this equipment.  The vendor is located in Spartanburg, SC. - Approved

9. Council is asked to approve the Replacement of inoperable HVAC Units, as requested by Public Works.  Award to Piedmont HVAC, the low bidder, in the amount of $57,413.00.  One (1) MBE vendor responded.  The vendor is located in the Midlands area. - Approved

10. Council is asked to approve the Purchase of Three (3) Tandem Dump Trucks, as requested by Street and Wastewater Maintenance Divisions.  Award to Columbia Freightliner, in the amount of $265,328.00.  There are no known MBE/FBE vendors who can bid on these vehicles.  The vendor is located on Bluff Road.
  - Approved

11. Council is asked to approve the Purchase of an 11,200 GVWR Cab & Chassis, as requested by Fleet Services.  Award to Benson Ford Mercury, under the S.C. State Vehicle Contract, in the amount of $20,547.00. There are no MBE/FBE who can sell this vehicle at this price.  The vendor is located in Easley, SC. - Approved

12. Council is asked to approve the Purchase of Two (2) Trash Trucks, as requested by the Solid Waste Division.  Award to Pulliam Motor Co., the low responsive bidder, in the amount of $77,599.20.  There are no MBE/FBE vendors who can furnish these vehicles. The vendor is located in Columbia. - Approved

13. Council is asked to approve the Purchase of a ¾ Ton Pick Up Truck, as requested by Forestry & Beautification.  Award to Love Chevrolet, under the S.C. State Vehicle Contract, in the amount of $14,951.87.  No MBE/FBE vendors can sell this vehicle at this price. The vendor is located in Cayce, SC. - Approved

14. Council is asked to approve the Replacement of the Front Cooling Tower at 1225 Laurel Street, as requested by Support Services.  Award to W. B. Thomasson Co., the low bidder, in the amount of $12,465.00.  No MBE/FBE vendors submitted bids.  The vendor is located in Columbia. - Approved

15. Council is asked to approve the Purchase of Three (3) Prisoner Transport Vans, as requested by Municipal Court and the Police Department.  Award to Mavron, Inc., the lowest bidder meeting specifications, in the amount of $94,857.00.  The vendor is located in Warsaw, IN.  No MBE/FBE vendors provide these specialized vehicles. - Approved
 
16. ZONING MAP AMENDMENTS – SECOND READING

1. 03-03 MA.  1125 Pope Street, TMS#09109-10-23; Rezone from C-3 to RS-3.  Approved on first reading March 12, 2003. – Approved on second reading.

2. 03-05 MA.  2503 through 2513 Center Street and 2510 Covenant Road, TMS#11511-07-03, 12, 14, 15, 16, 17.  Rezone from RG-1, RG-2, and C-1 to PUD-R.  Approved on first reading March 12, 2003.  – Approved on second reading.

3. 03-06 MA.  Saxon Homes, Harden/Oak/Read Streets, TMS#11505-01-01, 02, 03, 19; 11505-15-01; 11408-02-01, 02; Rezone from PUD-R, RG-2, and C-3 to amended PUD-R.  Approved on first reading March 12, 2003 – Approved on second reading.

ZONING CLASSIFICATION CONFIRMATION – SECOND READING

 The following property has been recently annexed into the City of Columbia with no zoning change.  This action is for confirmation of zoning classification only.

4. 03-07 MA.  Parcels 17, 17A and 21A, Columbiana Station, TMS# 02797-01-55; Confirm C-3 zoning.  Annexed as of December 18, 2002.  Approved on first reading March 12, 2003 – Approved on second reading.

SECOND READINGS

 ORDINANCES – SECOND READING

Upon motion by Ms. Isaac, seconded by Ms. Sinclair, Council voted unanimously on a single motion to approve on second reading Item 17. Ordinance No.: 2002-107 (Revised) – 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 and Item 18. Ordinance No.:  2003-019 – Annexing 61.7 +/- acres, Hazelwood Road.

17. Ordinance No.:  2002-107 (Revised)  - 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  -  Approved on first reading January 08, 2003 – Approved on second reading.

18. Ordinance No.:  2003-019 – Annexing 61.7 +/- acres, Hazelwood Road (new City multi-recreational facility)   -  Approved on first reading March 12, 2003
  – Approved on second reading.

ZONING ORDINANCES TEXT AMENDMENTS – SECOND READING

19. Ordinance No.: 2003-016 – Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 17, Planning, Land Development and Zoning, Article III, Zoning, Division 11, Sexually Oriented Businesses, Sec. 17-372, Definitions, Semi-nude and Sexually oriented business
Amend §17-372 Definitions regarding Sexually Oriented Businesses.
-  Approved on first reading March 12, 2003 - Approved on second reading.

Upon motion by Ms. Sinclair, seconded by Mr. Papadea, Council voted unanimously to approve on second reading Ordinance No.: 2003-016 – Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 17, Planning, Land Development and Zoning, Article III, Zoning, Division 11, Sexually Oriented Businesses, Sec. 17-372, Definitions, Semi-nude and Sexually oriented business.

 ZONING MAP AMENDMENTS – SECOND READING

20. 03-04 MA.  3407, 3414, 3436 Devine Street and 732 Adger Road, TMS#13804-05- 03 & 04 and 13804-06-02 & 04; Rezone from RS-1 and C-1 to PUD-C.
 Approved on first reading March 12, 2003
 This item was held over, no action was taken.

FIRST READINGS

ORDINANCES - FIRST READING

Upon motion by Ms. Sinclair, seconded by Mr. Papadea, Council voted unanimously to approve on a single motion on first reading Item 21. Zoning Map Amendment:  03-01 MA.   Item 22.  Zoning Map Amendment:  03-02 MA.   Item 23.  Ordinance No.: 2003-025 – Prohibiting the Issuance of Demolition Permits in Certain Portions of the City.
 
ZONING MAP AMENDMENTS – FIRST READING

21. 03-01 MA.  61.7 + acres, Hazelwood Road, TMS#16315-02-01 and 19100-01-02; Rezone from RG-2 to RS-1 (this property is currently being considered for annexation). – Approved on first reading.

22. 03-02 MA.  1222 and 1224 Summerville Avenue, TMS#09109-09-portion of lots 02 and 04; Rezone portions of these lots from C-1 to C-3. – Approved on first reading.

23. Ordinance No.:  2003-025 – Prohibiting the Issuance of Demolition Permits in Certain Portions of the City. – Approved on first reading.

23a. **Ordinance No.: 2003-017 – Providing for a local Hospitality Tax

Upon motion by Mayor Coble, seconded by Ms. Sinclair, Council voted five (5) to one (1) to approve on first reading Ordinance No.: 2003-017 – Providing for a local Hospitality Tax.  Voting aye were Mr. Papadea, Ms. Sinclair, Mr. Osborne, Ms. Isaac and Mayor Coble.  Voting nay was Mr. Davis.

RESOLUTIONS

24. Resolution No.:  R-2003-016 – For Condemnation of 1908 Surrey Street, Richland County TMS #11301-19-02

Upon motion by Mr. Papadea, seconded by Ms. Sinclair, Council voted unanimously to approve Resolution No.: R-2003-016 – For Condemnation of 1908 Surrey Street, Richland County TMS # 11301-19-02.

APPOINTMENTS

25. City Center Partners Board (Reappointment of Steve Anastasion and Tomasena Reynolds - terms expired) Matt Kennell recommends Ms. Dalhi N. Myers is appointed as a “ex-officio” member until a vacancy occurs.

Upon motion by Mr. Papadea, seconded by Ms. Isaac, Council voted unanimously to approve the reappointment of Ms. Thomasena Reynolds and Mr. Steve Anastasion for a one (1) year term and the appointment of Ms. Dalhi Myers as an ex-officio member until there is a vacancy on the City Center Partnership Board of Directors.

26. Community Promotions / Contingency Advisory Committee
 This item was held over, no action was taken.

TRAFFIC ISSUES

Upon motion by Ms. Sinclair, seconded by Mr. Papadea, Council voted unanimously to approve on a single motion Item 27., Item 28. and Item 29.

27. Traffic Issue: Old Shandon, Martin Luther King, Jr. and Waverly United for Action Neighborhoods Traffic Control Recommendations
    - Approved

28. Traffic Issue: Oakbrook Village – Posting Speed Limit Signs at 25MPH
     - Approved

29. Council is asked to approve: ? The prohibition of parking on both sides of Wheat Street between Barnwell Street and Saluda Ave for traffic safety reasons.
   - Approved

  The establishment of 90 – minute parking in front of 3221 Amherst Avenue from 8:00 a.m. until 4:00 p.m., Monday through Friday at the request of residents.
   - Approved

OTHER MATTERS

30. Council is asked to approve a request from the Holy Trinity parish for permission to celebrate services Sunday, April 20, 2003 from 9:15 a.m. until 12:15 p.m., outdoors on the parking lot located on proposed site of new sanctuary at the corner of Main and Richland Streets.  A street closing will not be required but it will entail the use of sound amplification equipment that would be in a generally northeasterly direction.  Contact:  Reverend Father Aris P. Metrakos, Protopresbyter

Upon motion by Ms. Sinclair, seconded by Mr. Papadea, Council voted unanimously to approve a request from the Holy Trinity Parish for permission to celebrate services on Sunday, April 20, 2003 from 9:15 a.m. until 12:15 p.m. outdoors in the parking lot.

31. The Palmetto Classic funding request in the amount of $50,000 (20,000/30,000)

Upon motion by Ms. Isaac, seconded by Mr. Davis, Council voted unanimously to approve funding for the Palmetto Classic as outlined:
   ? Form as a 501 (C) 3
· Allocate $20,000.00 from the Fiscal Year 2002/2003 Council Contingency Fund
· After July 1, 2003 allocate an additional $30,000.00 in Fiscal Year 2003/2004 for start up funds
· Implement safeguards to assure that the City of Columbia is reimbursed if there is a profit after the 2003 event is held.

31a. Donation of 1053 Dreyfus Street to the City of Columbia
– Ms. Dana Turner, Administrative Advisor

Upon motion by Ms. Sinclair, seconded by Mr. Davis, Council voted unanimously to refuse the donation of 1503 Dreyfus Street to the City of Columbia.

APPEARANCE OF PUBLIC HAVING BUSINESS WITH CITY COUNCIL

Mr. John Miller, USC Student, appeared before Council in favor of Ludacris performing at the Three Rivers Music Festival, because more people will attend the event and it will be beneficial to the City of Columbia.

Mr. Ricky Belgrave, Concert Promoter, appeared before Council in favor of Ludacris performing at the Three Rivers Music Festival because this is supposed to be a diverse festival.  He said that it gives a bad vibe to know that Ludacris is not welcome in Columbia.  Mr. Belgrave informed Council that Ludacris has performed in Columbia before and it was without incident.

Mr. Wiley Cooper, 5314 Colonial Drive, stated that he was surprised that the members of Council fired Ms. Plaugh, former City Manager without giving her an opportunity to explain.  He asked Council to rescind their action.

Ms. Francis McMeil, appeared before Council in opposition to Ludacris performing at the Three Rivers Music Festival.  She stated that she supports diversity and shares a passion for the City of Columbia.  She told Council that she is sensitive to the needs of children and there are repercussions for every freedom.

Ms. Ann Wells, appeared before Council in opposition to Ludacris performing at the Three Rivers Music Festival.  She stated that she opposes using tax money to support this band.  She asked Council to take responsibility for what is promoted.

Ms. Lynn Ellis, appeared before Council in opposition to Ludacirs performing at the Three Rivers Music Festival, because she is concerned about the lyrics and what we are bringing before our young people.  She stated that suitable groups could be brought in for all areas of music.

· Councilman Cromartie joined the meeting at 10:40 a.m.

Ms. Claudia Bedenbaugh, 210 Village Walk, appeared before Council to report water drainage that has caused extensive damage to her property.  She said that her yard and house has been destroyed because other houses were built without proper drainage.

Mr. Merrell Bolen, 221 Marion Avenue, appeared before Council to inform them of what he described as a well-orchestrated conspiracy with the Columbia Police Department, Legal Department, high City officials and elected representatives.  He said that the Columbia Police Department and City Government forced him to abandon his home and business in the Eau Claire Community.  He said that when he made complaints he encountered an extensive cover up and retaliation.  Mr. Bolen said that he has been prevented from disclosing these events to the media and others.  He told Council that his arrest was retaliation for disclosing these issues to the City Manager of Durham, North Carolina who was considering Mr. Austin for Police Chief of Durham.   Mr. Bolen informed Council that he would be moving away from the City of Columbia.

Mr. Joe Mack, SC Baptist Convention Office of Public Policy, appeared before Council in opposition to Ludacris performing at the Three Rivers Music Festival.  He told Council that if he could afford it, he would pay off the artist and ask him not to perform at the event.

Mr. Tony White, Concert Promoter / Festival Volunteer, appeared before Council in favor of Ludacris performing at the Three Rivers Music Festival.  He said that videos are used for indo