CITY COUNCIL ZONING PUBLIC HEARING MINUTES
WEDNESDAY, AUGUST 17, 2005
10:00 A.M. – CITY COUNCIL CHAMBERS
1737 MAIN STREET

The City of Columbia City Council conducted a Zoning Public Hearing on Wednesday, August 17, 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 10:02 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.

**Mayor Coble recognized Creighton McMaster and Ted Leighton of Boy Scout Troop #10 along with their parents.  They are working to earn their Eagle Badges.

**Mr. Charles P. Austin, Sr., City Manager introduced Mr. James McAllister as an Intern for the City Manager’s Office.

PRESENTATIONS

1. Introduction of the August 2005 Employee of the Month Mrs. Elizabeth “Libba” R. Duncan – Mr. Jacques Gilliam, Director of Human Resources

Mr. Jacques Gilliam, Human Resources Director introduced Ms. Elizabeth Duncan as the August 2005 Employee of the Month. He described Ms. Duncan as an honest, dedicated and loyal employee.

Mayor Coble presented Ms. Duncan with a plaque recognizing her as the August 2005 Employee of the Month.

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

2. Introduction of Get SET Program GED Recipients – Mr. Charles P. Austin, Sr., City Manager

Ms. Marshell Johnson, Training Administrator recognized Mr. Frederick Riley of the Solid Waste Division and Mr. Elroy Carson of the Metro Wastewater Treatment Plant for obtaining their General Equivalency Diploma through the Get SET Program.

  2a. **Sky Show 2005 – Ms. Jacqueline Freeman, General Sales Manager for WLXC – KISS 98.5 FM

Ms. Jacque Freeman, General Sales Manager and Mr. Bill McElveen, General Manager of WLXC-KISS 98.5 requested funding in the amount of $4,000.00 for the Tom Joyner Morning Show’s Sky Show 2005.  The Sky Show is being held in conjunction with the 2005 Palmetto City Classic.

Upon motion by Mayor Coble, seconded by Mr. Cromartie, Council voted unanimously to approve funding in the amount of $4,000 for the Tom Joyner Morning Show / Sky Show 2005.  The funding source will be determined by the City Manager.

3. Compstat Video and the Municipal Association of South Carolina’s Achievement Award for Public Safety Presentation – Chief H. Dean Crisp, Columbia Police Department

Police Chief H. Dean Crisp, Columbia Police Department, presented the results of the Compstat Program, which has resulted in a 13% decrease in crime since it’s initiation.  He presented the Municipal Association of South Carolina Achievement Award for Public Safety, which was awarded at the Municipal Association’s Annual Meeting.
 
ZONING PUBLIC HEARING

· City Council opened the Zoning Public Hearing at 10:33 a.m.

MAP & TEXT AMENDMENTS (HISTORIC DISTRICTS AND LANDMARKS) – FIRST READING

4. 1537 Main Street, TMS# 09014-11-07; rezone from C-5, -DD to C-5, -DD, -DP.  Amend Chapter 17, Article V, Division 4, §17-691, Buildings and sites list (c), Group II, add 1537 Main Street. – Consideration of this item was deferred until November 9, 2005.

CONFIRM ZONING OF PREVIOUSLY ANNEXED PROPERTIES – FIRST READING

5. 1111 First Avenue, TMS# 13511-02-01; confirm M-1. - Consideration of this item was deferred until November 9, 2005.

6. Beaver Park, Phases I and II (Parcel D-3) Woodcreek Farms, TMS# 28900-01-10(p); confirm PUD-R.

Upon motion by Mr. Rickenmann, seconded by Mayor Coble, Council voted unanimously to give first reading approval to a Zoning Confirmation for Beaver Park, Phases I and II (Parcel D-3) Woodcreek Farms, TMS# 28900-01-10 (p); confirm PUD-R.

7. Portion of 46.68 +/- acres, N/S Percival Road, S/S I-20 (Sage Pointe), TMS# 25600-04-01(p), 04 (p), and 16; confirm RG-2.

Upon motion by Mr. Osborne, seconded by Mr. Rickenmann, Council voted unanimously to give first reading approval to a Zoning Confirmation for a portion of 46.68 +/- acres, N/S Percival Road, S/S I-20 (Sage Pointe), TMS# 25600-04-01(p), 04 (p), and 16; confirm RG-2.

 ANNEXATIONS WITH MAP AMENDMENTS / REZONINGS – FIRST READING

8. 920 and 930 Gracern Road, TMS# 07301-02-04 and 05; annexation with rezoning from Richland County RS-1 to C-3.

Ordinance No.: 2005-077 – Annexing 920 Gracern Road and 930 Gracern Road, Richland County TMS# 07301-02-04 and 07301-02-05

Upon motion by Mr. Cromartie, seconded by Ms. Devine, Council voted unanimously to give first reading approval on a single motion to the Rezoning of 920 and 930 Gracern Road, TMS# 07301-02-04 and 05; annexation with rezoning from Richland County RS-1 to C-3 and Ordinance No.: 2005-077 – Annexing 920 Gracern Road and 930 Gracern Road, Richland County TMS# 07301-02-04 and 07301-02-05.  Mayor Coble was not present for the vote.

9. 109 South Parker Street, TMS# 08816-02-02; annexation with rezoning from Richland County RG-2 to RS-3.

Ordinance No.: 2005-075 – Annexing 109 South Parker Street, Richland County TMS# 08816-02-02

Upon motion by Mr. Cromartie, seconded by Mr. Rickenmann, Council voted unanimously to give first reading approval on a single motion to the Rezoning of 109 South Parker Street, TMS# 08816-02-02; annexation with rezoning from Richland County RG-2 to RS-3 and Ordinance No.: 2005-075 – Annexing 109 South Parker Street, Richland County TMS# 08816-02-02.

 TEXT AMENDMENTS – FIRST READING

10. Ordinance No.: 2005-092 – Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 17, Article III, Zoning, Division 8, District Descriptions; Use and Dimensional Regulations, Sec. 17-258, table of permitted uses, Table 1, SIC 483, Radio and television broadcasting

Upon motion by Ms. Devine, seconded by Mr. Cromartie, Council voted unanimously to approve on first reading Ordinance No.: 2005-092 – Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 17, Article III, Zoning, Division 8, District Descriptions; Use and Dimensional Regulations, Sec. 17-258, table of permitted uses, Table 1, SIC 483, Radio and television broadcasting.

MAP AMENDMENTS / REZONING – FIRST READING

11. 1115 and 1117 Woodrow Street, TMS# 11414-18-08; rezone from PUD-R, -DP to amended PUD-R, -DP.

Upon motion by Ms. Sinclair, seconded by Mr. Rickenmann, Council voted unanimously to give first reading approval to the Map Amendment and Rezoning of 1115 and 1117 Woodrow Street, TMS# 11414-18-08; rezone from PUD-R, -DP to amended PUD-R, -DP.

12. 3127 & 3135 Forest Drive, TMS# 14001-04-39 and -40; rezone from RS-2 to PUD-C.  - First reading consideration was deferred until further notice.  Mr. Rickenmann abstained from discussing this item due to a potential conflict of interest.

13.  Property bordered by Pendleton, Wayne, Gadsden, and Devine Streets and 3.79 acre parcel at Devine, Gadsden, and Blossom Streets (USC Baseball Stadium), TMS# 08914-04-04; 08915-02-01; 08915-04-01, 02 and 03; 08915-12-01 and 02; rezone from M-2, -DD and PUD-C, -DD to PUD-C, -DD. - First reading consideration was deferred until the following information is submitted to City Council for review and approval: A transit / parking plan and a letter from the railroad company authorizing the University to construct a crosswalk over the tracks and allowing the students to park to on the west side of the tracks.

The following individual(s) appeared in opposition to the request to Rezone Property bordered by Pendleton, Wayne, Gadsden, and Devine Streets and 3.79-acre parcel at Devine, Gadsden, and Blossom Streets:

Mr. Jim Daniel, 1237 Gadsden Street

14. +/- 8.5 acres, Westwood Avenue & Abingdon Road (Willowbrook Gardens), TMS# 09206-08-05(p), 07, 08, and 11-16; rezone from RS-1 and RS-2 to PUD-R. - First reading consideration was deferred until a site development plan is submitted to City Council for review and approval.
· Mr. Osborne left the meeting at 11:57 a.m.

The following individuals appeared in opposition to the request to Rezone +/- 8.5 acres, Westwood Avenue & Abingdon Road:


· Mr. Cromartie left the meeting at 12:01 p.m.

· City Council adjourned the Zoning Public Hearing at 12:06 p.m.

CONSENT AGENDA

Upon motion by Mr. Rickenmann, seconded by Ms. Sinclair, Council voted unanimously to approve on a single motion the Consent Agenda Items 15. through 24. as presented.

STREET CLOSINGS

15.  Council is asked to approve a request from the Northwood Hills Neighborhood Association to close Amberly Road between Lauderdale Road and Romford Road on Thursday, August 25, 2005 from 6:00 p.m. until 8:00 p.m. for an Annual Picnic.  Contact: Mr. Alvin Hinkle, President - Approved

16.  Council is asked to approve a request from the Collaborative for Community Trust to close Marion Street between Elmwood Avenue and Calhoun Street on Tuesday, August 30, 2005 from 8:00 a.m. until 2:00 p.m. for a Civil Rights Stamp Series Event.  Contact:  Ms. Catherine Fleming Bruce - Approved

17.  Council is asked to approve a request from Benedict College to close Germany Street between Barhamville Road and Waites Road during the dates and times indicated below and four (4) hours prior to the Benedict College Home Football Games.  Contact:  Mr. Willie Washington, Athletic Director – Approved subject to the requestor hiring off duty Columbia Police Officers to provide traffic control.
 


18.  Council is asked to approve a request from the New Samaritan Baptist Church to close Pendleton Street between Pulaski Street and Huger Street on Saturday, September 24, 2005 from 8:00 a.m. until 8:00 p.m. for a Community Focus Bazaar.  Contact:  Mr. Chester T. Gray, Pastor and Ms. Barbara A. Garvin, Chairperson - Approved

19.  Council is asked to approve a request from Family Connection South Carolina to close the 1300 block of Senate Street between Sumter Street and Marion Street on Sunday, October 9, 20054 from 12:45 p.m. until 4:00 p.m. for the Sixth Annual Buddy Walk.  Contact:  Penny Ott, Buddy Walk Committee - Approved

20.  Council is asked to approve a request from Ferguson Enterprises to close the 1800 block of Blanding Street between Gregg Street and Barnwell Street on Tuesday, October 11, 2005 from 8:00 a.m. until 4:00 p.m. for an Annual Nascar Trade Show.  Contact:  Mr. Kevin Poole, Counter Sales Manager - Approved

21.  Council is asked to approve a request from the Koger Center for the Arts to close Lincoln Street between Greene Street and Blossom Street from 8:30 a.m. until 1:00 p.m. for the following children’s performances.  Contact: Ms. Jean L. Weingrath, House Manager - Approved


CONSIDERATION OF BIDS AND AGREEMENTS

22.  Council is asked to approve the Purchase of a Natural Gas Powered Generator, as requested by Animal Services.  Award to Cummins Atlantic, the lowest bidder, in the amount of $15,908.14.  This firm is located in Columbia, SC.  Funding Source: GL-1012101-658400 - Approved

23.  Council is asked to approve the Purchase of a 15,000 lb. Cab and Chassis, as requested by the Emergency Operations Center.  Award to Burns Automotive, using the S.C. State Vehicle Purchasing Contract, in the amount of $29,177.08.  This firm is located in Rock Hill, SC.  Funding Source: 1012201-658500 - Approved

24.  Council is asked to approve the Purchase of Safety Supplies, as requested by the Emergency Operations Center.  Award to the low bidder, Safety Plus, in the amount of $49,588.12.  This vendor is located in Lexington, SC.  Funding Source:  GL-2059999-658400 / JL-9601000102-658400 - Approved

CONSIDERATION OF BIDS, AGREEMENTS AND CHANGE ORDERS

25. Council is asked to approve a Contract for Professional Services to Increase the Understanding of the City’s Current Economic Structure, to Identify Economic Opportunities that are Realistic and Compatible with the City’s Collaborative Plan and to Identify and Discuss the Potential Growth of Existing and Emerging Industries in the City, as requested by the Office of Business Opportunity.  Award to The Corporation for Economic Opportunity, in the amount of $59,100.00 to include expenses.  This firm is located in Columbia, SC.  Funding Source: Office of Business Opportunity Operating Budget (Fiscal year 2004/2005 Carry Forward)

Upon motion by Ms. Devine, seconded by Mr. Rickenmann, Council voted four (4) to one (1) to approve a Contract for Professional Services to Increase the Understanding of the City’s Current Economic Structure, to Identify Economic Opportunities that are Realistic and Compatible with the City’s Collaborative Plan and to Identify and Discuss the Potential Growth of Existing and Emerging Industries in the City, as requested by the Office of Business Opportunity.  Award to The Corporation for Economic Opportunity, in the amount of $59,100.00 to include expenses.  Voting aye were Mr. Davis, Ms. Devine, Mr. Rickenmann and Mayor Coble.  Voting nay was Ms. Sinclair.

26. Council is asked to approve Project #WM4082; Water Main Tapping and Meter Installation, as requested by the Utilities and Engineering Department.  Award to Carolina Tap and Bore, the low bidder, in the amount of $156,670.00.  This firm is located in West Columbia, SC.  Funding Source: GL-5529999-851500 / JL-WM408201-851500

Upon motion by Ms. Devine, seconded by Mr. Rickenmann, Council voted unanimously to approve Project # WM4082; Water Main Tapping and Meter Installation, as requested by the Utilities and Engineering Department.  Award to Carolina Tap and Bore, the low bidder, in the amount of $156,670.00.  This firm is located in West Columbia, SC.  Mr. Cromartie was not present for the vote.

· Mr. Cromartie returned at 12:08 p.m.

· Mr. Osborne returned at 12:10 a.m.

ORDINANCES – SECOND READING

27. Ordinance No.: 2005-080 – (Revised) Amending Code of Ordinances of the City of Columbia, South Carolina, Chapter 5, Buildings and Building Regulations, Article II, Building and Technical Codes, Division 7, Property Maintenance Code, Sec. 5-151, Adoption; conflicting provisions First reading approval was given on August 3, 2005.

Upon motion by Ms. Devine, seconded by Mr. Davis, Council voted unanimously to give second reading approval to Ordinance No.: 2005-080 – Amending Code of Ordinances of the City of Columbia, South Carolina, Chapter 5, Buildings and Building Regulations, Article II, Building and Technical Codes, Division 7, Property Maintenance Code, Sec. 5-151, Adoption; conflicting provisions.

ORDINANCES – FIRST READING

Upon motion by Mr. Rickenmann, seconded by Ms. Sinclair, Council voted unanimously to give first reading approval on a single motion to Ordinance No.: 2005-047 – Granting encroachment to Lisa A. Maseng for installation and maintenance of wooden fencing, gates and landscaping at 418 South Ravenel Street and Ordinance No.: 2005-069 – Granting a Franchise to LaPapa Caliente to operate a stationary sidewalk-vending cart at the northeast corner of Main Street and Lady Street.

28. Ordinance No.: 2005-047 – Granting encroachment to Lisa A. Maseng for installation and maintenance of wooden fencing, gates and landscaping at 418 South Ravenel Street – Approved on first reading.

29. Ordinance No.: 2005-069 – (Revised) Granting a Franchise to LaPapa Caliente to operate a stationary sidewalk-vending cart at the northeast corner of Main Street and Lady Street – Approved on first reading.

RESOLUTIONS

Upon motion by Ms. Sinclair, seconded by Mr. Cromartie, Council voted unanimously to approve on a single motion Items 30. through B. as presented.

30. Resolution No.: R-2005-037 – Authorizing consumption of alcoholic beverages at the Crawfish Festival - Approved

31. Resolution No.: R-2005-040 – Amending the Sidewalk Vending Locations and Authorized Merchandise - Approved
A. Resolution No.: R-2005-041 - Authorizing acceptance of a Deed from Windwood and Development, LLC for property known as Richland County TMS #13809-03-20 and 13809-03-24 - Approved

OTHER MATTERS

B. Council is asked to approve a Business License for a Private Investigation Firm, as requested by the Business License Division.  Award to Mr. Carlisle McNair doing business as McNair-Graham Inc. of 1720 Main Street, Suite 106. - Approved

  C. Palmetto FIRST Robotics Competition Request for Funding – Ms. Martha S. Smith, BellSouth - This item was withdrawn from the agenda.
 
D. **Proposed Budget for the Commission on Columbia City Government Reform and Restructuring – The Honorable Mayor Robert D. Coble

Upon motion by Mayor Coble, seconded by Mr. Cromartie, Council voted six (6) to one (1) to approve funding in the amount of $40,000.00 to the Municipal Association of South Carolina for providing staff support to the Commission on Columbia City Government Reform and Restructuring.  Voting aye were Mr. Cromartie, Ms. Sinclair, Mr. Davis, Ms. Devine, Mr. Rickenmann and Mayor Coble.  Voting nay was Mr. Osborne.

  E. **United Way’s Local Housing Trust Fund Workshop Request for Sponsorship – The Honorable Mayor Robert D. Coble
 
Upon motion by Mayor Coble, seconded by Mr. Cromartie, Council voted unanimously to approve the disbursement of funding in an amount and from a source that shall be determined by the City Manager.

  F. **Owens Field Airport Request for Sponsorship – The Honorable Anne M. Sinclair - This item was briefly discussed.  No action was taken.

G. Capital City Stadium – The Honorable Mayor Robert D. Coble

· Mr. Osborne left the meeting at 12:24 p.m.

Upon motion by Mayor Coble, seconded by Mr. Cromartie, Council voted five (5) to one (1) to authorize the City Manager to execute the Capital City Stadium Lease Agreement between the City of Columbia and Shanahan & Company and to approve the list of expenditures as presented.  Voting aye were Mr. Cromartie, Mr. Davis, Ms. Devine, Mr. Rickenmann and Mayor Coble.  Voting nay was Ms. Sinclair.

ORDINANCE – FIRST READING

H. **Ordinance No.: 2005-094 (A) – Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 24, Vehicles for Hire, Article II, taxicabs, Shuttles and Limousines, Division 5, Rates for Taxi Service; Taximeters, Sec. 24-141, Rates established

Upon motion by Mr. Cromartie, seconded by Mayor Coble, Council voted unanimously to approve on first reading Ordinance No.: 2005-094 (A) – Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 24, Vehicles for Hire, Article II, taxicabs, Shuttles and Limousines, Division 5, Rates for Taxi Service; Taximeters, Sec. 24-141, Rates established.  A Public Hearing has been scheduled for Wednesday, September 7, 2005 at 6:00 p.m. at the Eau Claire Print Building to allow for public input on the rate increase and an Ordinance for disabled passengers.

APPEARANCE OF PUBLIC HAVING BUSINESS WITH CITY COUNCIL

No one appeared at this time.

Upon motion by Mr. Davis, seconded by Mr. Cromartie, Council voted to go into Executive Session at 12:49 p.m. for the discussion of Items I. and J. as amended.

EXECUTIVE SESSION

  I. **Discussion of negotiations incident to proposed contractual arrangements
- **Lobbying Services
- **Amesco
- **USC Research Campus - These items were discussed in Executive Session.  No action was taken.

J. **Discussion of employment of an employee - This item was discussed in Executive Session.  No action was taken.

· Council adjourned the meeting at 3:00 p.m.

Respectfully submitted by:
Erika D. Salley
City Clerk