CITY COUNCIL SPECIAL ZONING PUBLIC HEARING
MINUTES
WEDNESDAY, MARCH 23, 2005
10:00 A.M. – 1737 MAIN STREET
CITY COUNCIL CHAMBERS

The City of Columbia City Council conducted a Special Zoning Public Hearing on Wednesday, March 23, 2005, in the City Council Chambers at 1737 Main Street, Columbia, South Carolina.  Mayor Robert D. Coble called the meeting to order at 10:02 a.m.  The following members of City Council were present:  The Honorable E.W. Cromartie, II, The Honorable Anne M. Sinclair, The Honorable Hamilton Osborne, Jr., The Honorable Sam Davis, The Honorable Tameika Isaac Devine and The Honorable Daniel J. Rickenmann.  Also present were Mr. Charles P. Austin, Sr., City Manager and Ms. Erika D. Salley, City Clerk.

PRESENTATIONS

1. Proclamation for Community Development Week – Mr. Richard Semon, Director of Community Development

Mayor Coble presented a Proclamation to the Community Development Department declaring March 28, 2005 through April 03, 2005 as Community Development Week in the City of Columbia.

2.  Council is asked to approve the Budget for Fiscal Year 2005/2006 Community Development Block Grant Program and HOPWA Budget Recommendations from the Citizens Advisory Committee as requested by Mr. Rick Semon, Community Development Director and Ms. Laura Cahue, Citizens Advisory Committee Chair.

Upon motion by Mr. Rickenmann, seconded by Ms. Devine, Council voted unanimously to approve the Fiscal Year 2005/2006 Community Development Block Grant Program Budget Recommendations from the Citizens Advisory Committee.

Upon motion by Mr. Cromartie, seconded by Mayor Coble, Council voted unanimously to approve the Fiscal Year 2005/2006 HOPWA Budget Recommendations from the Citizens Advisory Committee.

3. Presentation of Enhancement Grant Priorities for 2005/2006 – Mr. Chip Land, Director of Planning

Upon motion by Ms. Devine, seconded by Mr. Cromartie, Council voted unanimously to authorize staff to apply for a Transportation Enhancement Grant for the completion of two (2) phases of the Elmwood Lighting Project with a budget of approximately $250,000.00 per phase.

4. Ordinance No. 2005-032- Closing the 100 block of Williams Street and 500 and 600 blocks of Heyward Street to thru Truck Traffic

Mr. Gary Morris of Haynesworth, Sinkler and Boyd, P.A. appeared before City Council on behalf of the Vulcan Family.  He said that the family has worked with Richland County for two (2) years to resolve the issue.  He stated that there is an agreement with Richland County.  Mr. Morris further explained that they are working with SCANA to relocate the power lines.  He stated that this is an expensive project, but the Vulcan Family would reimburse themselves through tax credits.  He insisted that it would create a hardship if Williams Street were closed now.
 
Upon motion by Mr. Cromartie, seconded by Ms. Devine, Council voted unanimously to give first reading approval to Ordinance No. 2005-032- Closing the 100 block of Williams Street and 500 and 600 blocks of Heyward Street to thru Truck Traffic.  Mr. Osborne abstained from voting due to a conflict of interest.

SPECIAL ZONING PUBLIC HEARING

5.  Ordinance No. 2005-031 Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 17, Planning, Land Development and Zoning, Article III, Zoning, Division 8, District Descriptions; Used and Dimensional Regulations, Sec. 17-255, -CS collector street (minor thoroughfare) sign overlay district; Sec. 17-256-, AS arterial street (major thoroughfare) sign overlay district; Sec. 17-257, -FS freeway sign overlay district and Division 9, Supplementary District Regulations, to repeal Sec. 17-313, Sec. 17-314 and Sec. 17-315 and renumber subsequent sections; to amend Division 12, Signs, Sec. 14-404, Prohibited signs (e) advertising signs; and to repeal Sec.17-406 (5) Advertising signs.

Mr. Marc Mylott, Director of Development Services, explained that there were two (2) components to the Public Hearing: 1) Banning further billboards; and 2) Amortizing existing billboards within seven (7) years.  He stated that there are no outstanding issues with the existing Cap and Replace Program.  Mr. Mylott explained that the billboard industry is backing House Bill #3381, which takes away the City of Columbia’s right to remove billboards without just compensation.

· Mayor Coble opened the Public Hearing at 10:42 a.m.

Ms. Rose Craig, M Craig Company, 887 Gervais Street, reported that years ago a commission was formed to study the billboard situation and the commission wanted a ban, but decided to do what Mayor Coble wanted and adopted the Cap and Replace Program.  She stated that we needed to be protected and that a ban is needed now.

Mr. Toby Ward, Attorney for Lamar Outdoor Advertising, 3012 Glenwood Place, appeared before City Council in opposition to amortizing billboards.  He stated that Lamar Outdoor Advertising thought that the Cap and Replace Program was a good compromise.  He suggested that City Council strengthen the current Ordinance and consider banking provisions.

Mr. John Casey, Jim Casey Fireworks, 3826 Rosewood Drive, stated that the City of Columbia has done a great job policing the billboard industry.  He said that billboards are good for consumers and that he has used them to advertise his businesses for over 20 years.  He insisted that banning billboards would cause him to lose 10% of his income.

Mr. Lenier Jones, The Ad Company, 4 Cameron Court, stated that billboards are the cornerstones of outdoor media and they are essential.

Mr. Bob Amundson, Rosewood Community Council, stated that billboards are ugly, intrusive and uninformative.  He referred to billboards as “liter on a stick”.  He said that local governments are the most effective and they should decide.
Mr. Van Kornegay, Melrose Heights Neighborhood Association, 1200 Shirley Street, stated that Cap and Replace is not working for the City of Columbia and urged the members of Council to support the ban regardless of what the State does.  He showed several photos of the city’s gateways, which were cluttered with billboards and signs.  He said that there’s a problem with blank and derelict billboards.

Mr. Steve Champion stated that he supports billboards because he owns a vacant lot with a billboard on it and the billboard generates a lot of money for the area.

Mr. Jim Cantey, COA Inc. President, Middleburg Park, encouraged the members of City Council to view this issue from a business standpoint.  He said that they lease land to sign companies and the billboards are erected legally and restricted by the City of Columbia. He stated that the Cap and Replace Programs has zoning and space issues.  He wanted to know what would happen after seven years if they decided to amortize billboards.

Mr. Barry Pollard, 2751 Bull Street, stated that limitations on billboards could restrict the availability of advertising fro non-profit organizations.

Ms. Sarah Griese, Midlands Aid Kids, stated that the organization has advertised free-swimming lessons and car seat safety checks with billboards for the last three years.  She said that utilizing billboards is a cost effective means of advertising for non-profit organizations.

Mr. Scott Shockley, Lamar Advertising Agent, stated that 85% of their clientele consists of small and medium size businesses and landowners.  He explained that further limitations would reduce the possibilities for the billboard industries that simply provide a mechanism to stimulate business.  He requested that they not support the ban or amortization.

Mr. Henry Koch, stated that there are some disgusting billboards out there. He said that if derelict billboards fall they shouldn’t be replaced.  He said that billboards shouldn’t be eliminated, but a committee should be formed to confirm and inspect the integrity of the billboards.  He said that if there isn’t an advertisement on a billboard for six months then it should be removed.

Mr. Hal Stevenson stated that the Cap and Replace Program is too restrictive and anti-constitutional.  He suggested that they consider implementing a banking program.  He noted that this is an issue of aesthetics and that billboards aren’t the only blight.

Ms. Susie Heyward, 421 Edisto Avenue, stated that there needed to be more control over billboards, because there are too many near the gateways.

Mr. Frank Knapp, Small Business Regulatory Review Committee Chair, stated that he has reviewed the existing and proposed Ordinances to determine the impact on small businesses.  He requested permission to meet with staff to discuss the proposed Ordinance.

Ms. April Heyward, Small Business Regulatory Review Committee Member, stated that their intent is not to delay the process, but they would like the opportunity to bring forth recommendations to City Council.

Mr. Tut Underwood, SC State Museum, stated that Lamar Advertising has been a tremendous help to the museum and that without their contributions the museum would not be able to communicate with the public as much.  He asked Council to consider the many charitable organizations that have benefited.

Mr. Tige Watts, Vice President of the Columbia Council of Neighborhoods, Brandon Acres Cedar Terrace Neighborhood Association President, encouraged the members of Council to pass the Ordinance although he doesn’t oppose the billboard industry. He said that the Ordinance wouldn’t affect highway billboards, but it would protect the inner city.
· Council closed the Public Hearing at 12:11 p.m.

Upon motion by Mr. Osborne, seconded by Ms. Devine, Council voted unanimously to direct Mr. Jim Meggs, City Attorney and staff to split the proposed Ordinance into two (2) Ordinances to allow Council to deal with the issues of banning all future billboards and amortizing certain billboards separately. The Planning Commission will consider both Ordinances on April 4, 2005. Consideration by City Council has been tentatively scheduled for April 6, 2005.
 
CONSENT AGENDA

Upon motion by Mr. Osborne, seconded by Ms. Devine, Council voted unanimously to approve on a single motion to the Consent Agenda Items 6. through 17. and 19. through 22. as presented.  Consideration of Item 18. was deferred.

CONFIRMATIONS – SECOND READING

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

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

MAP AMENDMENTS – SECOND 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 second reading.

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

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 second reading.

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

12. 213 Lost Creek Drive (Lot 6, Lost Creek Plantation), TMS# 05114-04-04; rezone from Richland County D-1 to RS-1. This property is currently under consideration for annexation. – Approved on second reading.

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

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.  This property is currently under consideration for annexation. – Approved on second reading.

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

STREET CLOSING

14. Council is asked to approve a request from W.O. Blackstone and Company, Incorporated to close Catawba Street between Main and Sumter Streets from Monday, March 21, 2005 at 6:00 a.m. until Wednesday, March 23, 2005 at 5:30 p.m. for the Steam Line Repair.  – Approved subject to the requestor providing the barricades and signage as needed.
 
CONSIDERATION OF BIDS & AGREEMENTS

15.  Council is asked to approve the Purchase of Decontamination Equipment and Supplies for EOC Office. This will be a Sole Source purchase of TVI Equipment to be compatible with that used by MMRS Hospitals, Cobra and other Haz/Mat teams in the State.   Total Cost $39,597.82.  - Approved

16. Council is asked to approve the Purchase of 45 each Traffic Signals.  They will be purchased using the SC State Contracts.  These signals must be compatible with the existing signals.  West Virginia Signal is located in Kenna, West Virginia.  Total cost $14,600.25.  - Approved

17. Council is asked to approve the Renovations to Fire Station No. 7 North Main.  This project is located in City Council District #1.  Recommend the City to award this contract to Tyler Construction located in Columbia, SC.  The CIP budgeted amount for this project is $600,000.00. - Approved

MAP & TEXT AMENDMENTS – SECOND READING

18. 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. – Second reading consideration was deferred.

 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) – Second reading consideration was deferred.

TEXT AMENDMENTS –SECOND READING

19.  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 second reading.

ORDINANCES – SECOND READING

20. 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 – Approved on second reading.

21. 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 – Approved on second reading.

22. 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) – Approved on second reading.

23.  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 requested 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.

Upon motion by Mr. Rickenmann, seconded by Mr. Osborne, Council voted unanimously to further discuss this item in Executive Session.

APPEARANCE OF PUBLIC HAVING BUSINESS WITH CITY COUNCIL

Ms. Robin Waites, Executive Director / Historic Columbia Foundation, requested that City Council not take any action on the demolition of the Old Fire Station Headquarters in the Vista without a sound plan for the future use of the site.  She further requested that Historic Columbia be allowed to determine the best use for this historic structure and to review all possible options.

Mr. Cliff Eleazer stated that a decision needed to be made between the past and the future.  He said that the building could be re-done and parking could be added.

ORDINANCES – FIRST READING

24. Ordinance No. 2005-030 Granting encroachment to Lady Street Associates adjacent to its building located in the 1300 block of Lady Street for landscaping and lighting installation and maintenance.
First reading consideration was deferred.

RESOLUTIONS

25. Resolution No.: R-2005-011 – Authorizing consumption of alcoholic beverages and Five Points Association’s 5 After 5 Spring Concert Series
 Consideration of this item was deferred.

OTHER MATTERS

26. 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.

27.  **Council is asked to approve a name change for the City of Columbia Golf Driving Range to the James E. Clyburn Golf Driving Range, as requested by The Honorable E.W. Cromartie, II.
  Consideration of this item was deferred.

APPOINTMENTS
 
28. Columbia Parks and Recreation Foundation
 Consideration of this item was deferred.

29. Hospitality Tax Advisory Committee
   Consideration of this item was deferred.

Upon motion by Ms. Devine, seconded by Mr. Osborne, Council voted unanimously to go into Executive Session at 12:40 p.m. for the discussion of negotiations incident to proposed contractual arrangements related to an Agreement for Project Coordination and Professional Services between the City of Columbia and F.A. Johnson Consulting Group, Inc.

EXECUTIVE SESSION DISCUSSION

 30. **Discussion of negotiations incident to proposed contractual arrangements
- Nickelodeon
- MB Kahn Contract
These items were not discussed in Executive Session.

· Mr. Cromartie left the meeting at 1:05 p.m.

· Council adjourned the Executive Session at 1:18 p.m. to reconvene the meeting.

· Council reconvened the Executive Session at 1:25 p.m.

· Council adjourned the Executive Session at 1:40 p.m.

- **F.A. Johnson Consulting, Inc.

Upon motion by Ms. Devine, seconded by Ms. Sinclair, Council voted unanimously to approve the Agreement for Project Coordination and Professional Services between the City of Columbia and FA Johnson Consulting Group, Inc. for the development of a Master Plan for North Columbia in the amount of $225,000.00.

Upon motion by Mayor Coble, seconded by Mr. Davis, Council voted two (2) to four (4) to award the Technical Consultant portion of the agreement to the FA Johnson Consulting Group, Inc; therefore, the motion was denied.  Voting aye were Mr. Davis and Mayor Coble.  Voting nay was Ms. Sinclair, Mr. Osborne, Ms. Devine and Mr. Rickenmann.

Council voted four (4) to two (2) to direct Mr. Charles P. Austin, Sr., City Manager to renegotiate the Technical Consultant Agreement with the F.A. Johnson Consulting Group.  Voting aye were Ms. Sinclair, Mr. Osborne, Ms. Devine and Mr. Rickenmann.  Voting nay were Mr. Davis and Mayor Coble.

· Mr. Davis left the meeting at 1:43 p.m.

APPOINTMENTS

31. Riverbanks Park Commission

Upon motion by Mayor Coble, seconded by Ms. Devine, Council voted unanimously to approve the appointment of Ms. Claudine Gee to the Riverbanks Park Commission for a six (6) year term.

31a. Receipt of legal advice, which relates to pending, threatened or potential claim

Upon motion by Ms. Devine, seconded by Mayor Coble, Council voted unanimously to authorize Mr. Jim Meggs, City Attorney to retain Callison, Tighe and Robinson, LLC Attorneys at Law to handle a pending litigation matter for the City of Columbia.

31b. **Receipt of legal advice which relates to a matter covered by attorney-client privilege
  This item was deferred.

Council adjourned the meeting at 1:44 p.m.

Respectfully submitted by:
Erika D. Salley
City Clerk