CITY OF COLUMBIA
CITY COUNCIL MEETING MINUTES WEDNESDAY, SEPTEMBER 18, 2002
10:00 A.M. - 1737 MAIN STREET
CITY COUNCIL CHAMBERS

The City of Columbia City Council met in regular session on Wednesday, September 18, 2002, in the City Hall Council Chambers, 1737 Main Street, Columbia, South Carolina.  Mayor Robert D. Coble called the meeting to order at 10:48 a.m.  Council members present were The Honorable E.W. Cromartie, II, 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.  Also present were Ms. Leona K. Plaugh, City Manager and Ms. Pamela J. Ferst, Acting City Clerk.

REVIEW OF AGENDA

Upon motion by Mr. Cromartie, seconded by Ms. Sinclair, Council voted unanimously to amend the Regular Meeting Council agenda to add the Sidewalk Vending Public Hearing and the request to appoint a Ministerial Recorder to Municipal Court and to amend the Work Session agenda to add the transfer of Sara Nance and an Executive Session item regarding water damage to personal property.

APPROVAL OF MINUTES

1. Minutes of August 07, 2002

Upon motion by Mr. Cromartie, seconded by Ms. Sinclair, Council voted unanimously to approve the minutes of August 07, 2002 as presented.

PRESENTATIONS

2. Five Points Sewer Project - The Tom Sawyer Company & Wilbur Smith Associates

Mr. Doug Quackenbush, Boudreaux Group, briefed Council on the goals of the Harden Street Streetscape Project.  Mr. Quackenbush stated that the goals are to enhance pedestrian safety; increase parking where it is feasible within the public right-of-way; replace the aging sidewalks and the Red Tip trees that are throughout Five Points; and bury unsightly utilities such as overhead power lines.  He informed Council that the new Streetscape scope includes the following additional streets: Greene Street from the railroad track leading to the University Neighborhood to Pavilion Street or Martin Luther King Park; Pavilion Street from Greene Street to College Street; Saluda Avenue from the fountain at Harden Street to Blossom Street; Devine Street from Harden Street to Saluda Avenue; Santee from Harden Street to Blossom Street.

Mr. David Brandes, Wilbur Smith Associates, briefed Council on the Sewer Phase of the beautification project.  Mr. Brandes stated that they have been recognizing a lot of problems with drainage; sewage and sinkholes.
 
Ms. Teresa Hodge, Wilbur Smith Associates, updated Council on the Sewer Phase of the beautification project.  Ms. Hodge stated that they are developing the first leg of the sewer project, which evolves around Saluda Avenue and Rocky Branch.  She said that they recommend that we tying into the existing sewer line that connects into Maxcy Gregg Park.  Ms. Hodge stated that they have encountered bad sewer conditions with running sand and that cost effective techniques will be used to stabilize the running sand.

3. Keep the Midlands Beautiful River Sweep - Ms. Mary Pat Baldauf

Ms. Mary Pat Baldauf, Keep America Beautiful of the Midlands, invited the members of Council to participate in the River Sweep event on Saturday, September 21, 2002 from 9:00 a.m. until 12:00 noon at Riverbanks Zoo to clean the banks of the lower Saluda River.  She told Council that last year we picked up 3,000 pounds of mostly beverage containers and recycled 1/3 of that. Ms. Baldauf told Council that Keep America Beautiful of the Midlands is currently working with the City of Columbia on an anti-graffiti education program.

**PUBLIC HEARING

3a. **Street Vendors

Mr. Chip Land stated that several pieces of property were posted and advertised on Main Street and at USC.  He said the first one received in June was from Mr. Robert Spencer and his choices were at Main Street and Gervais Street, Main Street and Lady Street or at Main Street and Washington Street.  The second applicant, Mr. Barry Twork proposes Main Street at Gervais Street; and Mr. Michael Parcell chose Sumter Street at Greene Street, Sumter Street at College Street or Main Street at Gervais Street.  Mr. Steve Gibson and Chef Wayne’s locations have been posted also.  Mr. Land suggested that they be approved under the same arrangement as the others although no one else has applied for these locations.

Mr. Michael Parcell stated that his primary choice is at USC, but that it’s not on USC property.  Mr. Parcell said that he doesn’t see any traffic issues.

Upon motion by Mr. Papadea, seconded by Mr. Davis, Council voted unanimously to approve the two (2) existing vending sites for Mr. Steve Gibson and Chef Wayne.

Upon motion by Mr. Cromartie, seconded by Mr. Davis, Council voted unanimously to approve the request from Mr. Michael Parcell to grant a franchise at College Street and Sumter Street.

Upon motion by Mr. Papadea, seconded by Mr. Cromartie, Council voted unanimously to approve the request from Mr. Robert Spencer to grant a franchise at Gervais Street and Main Street and authorized staff to evaluate the merits of the proposals for conflicting sites and bring back for the next meeting.

CONTRACT APPROVAL

4a. Regional Transit Authority Contract

Upon motion by Mayor Coble, seconded by Mr. Cromartie, Council voted four (4) to three (3) to approve an Agreement between the City of Columbia and the Central Midlands Regional Transit Authority to transfer the public transit services from the City of Columbia to the Central Midlands Regional Transit Authority.  Voting aye were Mr. Cromartie, Mr. Papadea, Ms. Isaac and Mayor Coble.  Voting nay were Ms. Sinclair, Mr. Osborne and Mr. Davis.

**Upon motion by Mayor Coble, seconded by Ms. Sinclair, Council voted unanimously to transfer Work Session Item B. Cancer Survivor Garden Funding Request to the Regular Meeting agenda.

4b. ** Cancer Survivor Garden Funding Request

Mr. Allison Baker, Director of Parks & Recreation, stated that he met with the Cultural Council and City staff to see what could be done to help make this project work at the amount requested from the City.  There is $160,000 worth of equipment and labor and $72,614 worth of materials in the $230,000 requested from the City.  He said the City can’t do the concrete work because of the street division crew’s current workload.  Mr. Baker recommended that the City provide $160,000 worth of labor and equipment and make a $100,000 cash contribution.

Upon motion by Ms. Sinclair, seconded by Mr. Cromartie, Council voted unanimously to provide in-kind services for the Cancer Survivor Garden in the amount of $160,000 with an additional $15,000 contribution for concrete work from the Council Contingency Fund.

Ms. Marjorie Stands, stated that if the Cultural Council doesn’t come forth with money, she will see to it that this project is completed.  Ms. Stands said that the Maxcy Gregg Beautification Project Board sees this as their first endeavor.

CONSENT AGENDA

Upon motion by Ms. Sinclair, seconded by Mr. Papadea, Council voted unanimously to approve the Consent Agenda Items 5.-10. and 12.-16. as presented.  Item 11. was approved on a separate motion.

STREET CLOSING REQUESTS

5. Council is asked to approve a request from the Eau Claire Community Council Organizing Committee to close Monticello Road from Main Street to Jackson Street; Jackson Street from Monticello Road to Lamar Street; and Lamar Street from Jackson Street to Kortwright Street from 9:30 a.m until 5:00 p.m. on Friday, October 18, and Saturday, October 19, 2002 for the Eau Claire Renaissance Faire and Main Street from Marshall Street/Sunset Drive to Monticello Road from 9:30 a.m. until 11:00 a.m. on Saturday, October 19, 2002 for the Renaissance Parade.   Resolution No.: R-2002-063 - Authorizing the consumption of alcoholic beverages and Eau Claire Renaissance Faire at Earlewood Park on Friday, October 18, 2002 from 5:00 p.m. until 10:00 p.m. and Hyatt Park on Saturday, October 19, 2002 from 10:00 a.m. until 5:00 p.m.  Approved

6.  Council is asked to approve a request from Group Therapy, Inc. to close the 2100 block of Greene Street from 9:00 a.m. until 11:00 p.m. on Saturday, October 26, 2002 for an Annual Chili Cookoff to benefit the Babcock Center.  Resolution No.: R-2002-059 - Authorizing consumption of alcoholic beverages and Group Therapy’s Annual Chili Cookoff. Event:  11:00 a.m. - 9:00 p.m.   Alcohol Consumption: 11:00 a.m. - 7:00 p.m.  Approved

CONSIDERATION OF BIDS, AGREEMENTS, AND CHANGE ORDERS

7. Council is asked to approve the purchase of Parts for the MSA Breathing Apparatus, as requested by the Fire Department.  Award to Newton’s Fire & Safety, a Sole Source vendor, in the amount of $31,656.05.  There are no MBE’s or local companies who can furnish these parts.  The vendor is located out of state.  Approved

8. Council is asked to approve the purchase of Three (3) Mowers, as requested by Forestry and Beautification.  Award to South Carolina Equipment, a State Contract vendor, in the amount of $6,359.24.  There are no MBE/FBE vendors who can furnish this equipment.  This is a local vendor.   Approved

9. Council is asked to approve a request to Purchase one (1) lot of U.S. Filter wear shoes, as requested by Utilities.  Award to U.S. Filter, a Sole Source vendor, in the amount of $12,590.00. No MBE/FBE participation.  The company is located out of state.  Approved

10. Council is asked to approve a Contract for Project #SS680-6/7, Phase I; Proposed 8" and 10" Sanitary Sewer to serve Belvedere, as requested by Engineering.  Award to Trussell Brothers, Inc., the low bidder, in the amount of $276,044.73.  MBE/FBE participation 10%.  Vendor is located in the Midlands area.   Approved

11. Council is asked to approve #W858; Quail Lane Bridge Replacement, as requested by Engineering as requested by Engineering.  Award to Lazer Construction Company, Inc., in the amount of $500,144.18.  MBE/FBE participation is 4.66%.  The vendor is located in the Upstate.

Upon motion by Mr. Osborne, seconded by Mr. Papadea, Council voted unanimously to approve #W858; Quail Lane Bridge Replacement, as requested by Engineering as requested by Engineering.  Award to Lazer Construction Company, Inc., in the amount of $500,144.18.  MBE/FBE participation is 4.66%.  The vendor is located in the Upstate.

12. Council is asked to approve #SS719; Improvements to Sludge Thickeners and Primary Clarifiers at Metro as requested by Engineering.  Award to M.B. Kahn - The Moore Division, in the amount of $7,898,000.00.  MBE/FBE participation is 10.10%.  The vendor is located in the Midlands.  Approved

13. Council is asked to approve Change Order #1; Project #SS785 (1); Emergency Sanitary Sewer Repair and Rehabilitation on West Confederate Avenue, as requested by Engineering.  Award to Trussell Brothers, Inc., the low bidder, in the amount of $48,889.00, for a revised contract price of $96,589.00.  No increase in the MBE/FBE participation.  Vendor is located in the Midlands area.  Approved
 
ORDINANCES - SECOND READING

14. Ordinance No.: 2002-080 - Granting encroachment to Delaney’s Music Pub & Eatery for placement of four tables with umbrellas and sixteen chairs for outdoor dining at 741 Saluda Avenue    Approved on first reading September 04, 2002.  Approved on second reading.

ZONING AMENDMENTS - SECOND READING

15. 02-31 MA. 198 Lost Creek Road, Lot 1, Phase II (B-1A & B-1B)Lost Creek Plantation; TMS 05100-03-89(portion); annexation with rezoning from RU (Rural) to RS-1
Approved on first reading September 11, 2002.  Approved on Second Reading.

16. Ordinance No.: 2002-078 - Annexing six parcels at Broad River Road and Kennerly Road, Richland County TMS #05004-02-08, 09, 16, 17, and 26 and 05008-01-16 with re-zoning of lot 17 (5400 Kennerly Road) from C-2 to C-3.  Approved on first reading September 11, 2002.  Approved on Second Reading.
 
ORDINANCES - FIRST READING

17. Ordinance No.: 2002-083 - Authorizing the closing and transfer of an unopened portion of Broad Street to Martha G. Bray.
 
Upon motion by Mr. Cromartie, seconded by Mr. Papadea, Council voted unanimously to give first reading approval to Ordinance No.: 2002-083 – Authorizing the closing and transfer of an unopened portion of Broad Street to Martha G. Bray.

18. Ordinance No.: 2002-085 - Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 2, Administration, Article III, Officers and Employees, Sec. 2-116 City Clerk through Sec. 2-126 Employee grievance procedure for city-funded agencies and Article IV, Departments, Sec. 2-151 Departments created; department heads; administrative regulations and procedures
This item was held over, no action was taken.

19. Ordinance No.: 2002-087 - Granting encroachment to the United State Marshal’s Office for installation and maintenance of twenty-seven stone parking bollards along the sidewalk adjacent to the J. Bratton Davis United States Bankruptcy Courthouse at 1100 Laurel Street

Upon motion by Mr. Cromartie, seconded by Ms. Sinclair, Council voted unanimously to give first reading approval to Ordinance No.: 2002087 - Granting encroachment to the United State Marshal’s Office for installation and maintenance of twenty-seven stone parking bollards along the sidewalk adjacent to the J. Bratton Davis United States Bankruptcy Courthouse at 1100 Laurel Street with the caveat that they have a smooth finish that matches the exterior of the building.

RESOLUTIONS

Upon motion by Mr. Cromartie, seconded by Mr. Papadea, Council voted unanimously approve on a single motion Item 20. Resolution No.: R-2002-053 - Authorizing the City of Columbia Legal Department to commence an action against Palmetto Health Alliance and/or Palmetto Health Baptist f/k/a Baptist Medical Center and/or any other responsible entity and Item 21a. Resolution No.: R-2002-056 - Authorizing consumption of alcoholic beverages at the Devine Street Holiday Open House for Merchants in the 2100-3200 blocks of Devine Street.  Harvest Hope Food Bank, Thursday, December 05, 2002, 5:00 p.m. until 9:00 p.m.

20. Resolution No.: R-2002-053 - Authorizing the City of Columbia Legal Department to commence an action against Palmetto Health Alliance and/or Palmetto Health Baptist f/k/a Baptist Medical Center and/or any other responsible entity.  Approved

21. Resolution No.: R-2002-055 - Authorizing execution of a Quit Claim Deed for the transfer of an unopened portion of Broad Street to Martha G. Bray.
This item was held over, no action was taken.

21a. Resolution No.: R-23002-056 - Authorizing consumption of alcoholic beverages at the Devine Street Holiday Open House for Merchants in the 2100-3200 blocks of Devine Street.  Harvest Hope Food Bank, Thursday, December 05, 2002, 5:00 p.m. until 9:00 p.m.
Approved

APPOINTMENTS

Upon motion by Mayor Coble, seconded by Mr. Papadea, Council voted unanimously to approve on a single motion Item 22. The appointment of Councilwoman Tameika C. Isaac to replace Mayor Coble on the Columbia Housing Development Corporation; Item 23. The appointment of Ms. Caroline Whitson to fill the vacancy declined by Mr. Perry Palmer to the Arts Task Force; and Item 23. a.  The appointment of Mr. Trumaine Mooer as Ministerial Recorder for Municipal Court

22. Columbia Housing Development Corporation

23.  Arts Task Force

23a. Appointment of Ministerial Recorder - Mr. Trumaine Moorer, Municipal Court.  Approved

OTHER MATTERS

24. Council is asked to approve a Banner Application, requested by Kilbourne Baptist Church from Saturday, October 12, 2002 through Saturday, October 26, 2002 for Annual Fall Block Party.  Location of banner: Kilbourne Road and Beltline Blvd.  Contact: Tom Dalik

There were no objections voiced by members of Council.  The consensus of Council was to abide by Staff’s recommendation.

25. Council is asked to approve a request by the South Carolina Commission on National and Community Service, under the direction of the SC Department of Education to bag parking meters in the Finlay Park parking area and along Taylor Street on the park side for parking of buses, vans and automobiles for Opening Day Ceremony for the funded
AmeriCorps programs in the State of South Carolina.  Contact: Teresa G. Dillard

Upon motion by Mayor Coble, seconded by Mr. Davis, Council voted unanimously to approve the request form the South Carolina Commission on National and Community Service to bag parking meters in the Finlay Park parking area and along Taylor Street on the park side for parking of buses, vans and automobiles for the Opening Day Ceremony for the funded AmeriCorps programs in the State of South Carolina.

26. Council is asked to approve the following Parking Issues as recommended in the HNTB Master Study:
· Replace timed parking on Main Street from Hampton to Laurel with 2-hour meters.
· Change existing 90-minute meters form Gervais to Calhoun with 2-hour meters.
· Change all 15- minute meters to 30-minute meters.
· Change all 10-hour meters in the Arsenal Hill area to 2-hour meters.
· Eliminate the In/Out Parking Program in the 800 and 900 blocks of Calhoun Street.
· Authorize the City Manager to sign a contract with HNTB not to exceed $25,000 for technical assistance to staff to implement various portions of the Parking Master Plan

Upon motion by Mr. Papadea, seconded by Mr. Cromartie, Council voted unanimously to authorize staff to proceed with recommendations from the HNTB Master Parking Study as presented with the expenses to come from the parking fund.
 

27. Council is asked to approve a request from the Arts Task Force for a $50,000 funding request.

Mr. Rhett Anders, Arts Task Force, stated that this funding request is to cover the entire budget for the year.  He said that this includes any architectural needs from art groups, mailings, meetings, and travel expenses.  Mr. Anders stated that he was under the impression that these funds were approved a year ago.

Mayor Coble asked Mr. Anders to prepare a $15,000 annual budget for the Arts Task Force to be reviewed by Council.

28.  **Transfer of the Sarah Nance School from Richland School District I

Upon motion by Mr. Cromartie, seconded by Mr. Davis, Council voted unanimously to approve the transfer of the Sara Nance School from Richland School District I to the City of Columbia in exchange for five years of grounds maintenance services provided by the City of Columbia at C.A. Johnson, W.A. Perry, Watkins-Nance, Carver-Lyons and the Challenger Center.

APPEARANCE OF PUBLIC HAVING BUSINESS WITH CITY COUNCIL

Mr. Bill Manley, asked the City Manager and members of Council to consider a new type of volunteer program “Ambassador, City of Columbia, Ask Me”.

Mr. Michael Parcell, thanked Council for approving his site request.  Mr. Parcell asked for an update on his request to have a ditch behind his property piped.

Mr. David Anderson, Columbia Fire Department, thanked Council for their hard work and energy used to consider their pay raise although it was not the whole 5% they are grateful for the 2.5% and wanted to say thank you.
 
Ms. Mamie Jackson, objects to not being allowed to comment on the passing of the agreement with the RTA.  Ms. Jackson stated that she does not see anything in the agreement that pertains to the Hydroelectric Plant.  Ms. Jackson said that Attorney Cromartie and Mayor Coble sit on the executive committee of the RTA and the Executive Board directs what the RTA committee does, so if the City of Columbia has a problem with the RTA, they created the problem.   Ms. Jackson suggested that the City turn the Hydroelectric Plant over to the RTA so they won’t have to pay $1 million annually.  Ms. Jackson told Council that the RTA should have the right to scrap the trolley system because the trolley system is subsidizing restaurants and businesses in downtown and Five Points.

Mayor Coble adjourned the Regular Meeting and reconvened the Work Session at 1:20 p.m.

Respectfully submitted by:
Pamela J. Ferst, CPS
Acting City Clerk