CITY COUNCIL MEETING MINUTES
WEDNESDAY, DECEMBER 15, 2004
10:00 A.M. – 1737 MAIN STREET
CITY COUNCIL CHAMBERS

The City of Columbia City Council met for a Regular Meeting on Wednesday, December 15, 2004 in the City Council Chambers at 1737 Main Street, Columbia, South Carolina. The Honorable Mayor Robert D. Coble called the meeting to order at 10:00 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. Moore, City Clerk.

APPROVAL OF MINUTES

1.  Minutes of November 17, 2004

Upon motion by Mr. Cromartie, seconded by Mr. Rickenmann, Council voted unanimously to approve the Minutes of November 17, 2004 as presented.  Ms. Devine and Mr. Osborne were not present for the vote.

PRESENTATIONS

2.  December 2004 Employee of the Month Mr. Kevin Wentzel – Mr. Charles Daniel, Wastewater Maintenance Superintendent

Mr. Charles Daniel, Wastewater Maintenance Superintendent, introduced Mr. Kevin Wentzel as the December 2004 Employee of the Month.  He said that Mr. Wentzel is responsible for installing clean outs, installing and replacing service lines and repairing main lines.  He described Mr. Kevin Wentzel as an excellent morale booster and he demonstrates a high level of efficiency and knowledge, while being a superb example for his co-workers.

Mayor Coble presented Mr. Wentzel with a plaque recognizing him as the December 2004 Employee of the Month.

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

3.  Recognition of Public Works Employees – Ms. Jane Suggs, Columbia Garden Club

Ms. Lesley Wrenn, of the Columbia Garden Club presented City of Columbia employees of the Traffic Engineering Division with a plaque in appreciation of their assistance in erecting and decorating the State Christmas Tree.  She stated that the employees were professional and courteous and the men worked tirelessly to ensure that the State Christmas Tree would be one in which all citizens could be proud of.  The following individuals were recognized:  Mr. Byron Jasper, Electrician 1; Mr. Brent Hawkins, Electrician 2; Mr. Mike Clem, Electrician 3; Mr. Chris McCaw, Electrician 2; Mr. Cyrus Rushing, Electrician 3; and Mr. Leonard Freeman, Electrician 3.

4.  **Columbia Firefighters Association – Mr. Fred Brandt, Columbia Firefighters Association President

Mr. Fred Brandt, Columbia Firefighters Association President presented the 2005 Fire Fighters’ Burn Fund Calendar to the members of City Council.  He noted that the month of August is a picture of Columbia firefighters at the South Carolina Fire Academy.  Mr. Brandt thanked the members of City Council for their continued support.

CONSENT AGENDA

Upon motion by Mr. Cromartie, seconded by Ms. Devine, Council voted unanimously to approve on a single motion the Consent Agenda Items 5. through 20. as presented.

STREET CLOSINGS

5.  Council is asked to approve a request from the University of South Carolina and Global Spectrum to close Greene Street from Gadsden Street to the railroad track where it dead ends and to restrict access from the corner of Gadsden Street and Greene Street to Wayne Street and Gervais Street one (1) hour prior to the following events.  Contact: Mr. Monty Jones, Jr., Event Coordinator - Approved subject to the University Police being responsible for traffic control at each location.

Date Event Time
Thursday January 6, 2005 USC Women’s BB 5:00 p.m. – 10:30 p.m.
Saturday January 8, 2005 USC Men’s BB 5:30 p.m. – 10:30 p.m.
Thursday January 13, 2005 USC Women’s BB 5:00 p.m. – 10:30 p.m.
Saturday January 15, 2005 USC Men’s BB 5:00 p.m. – 10:30 p.m.
Sunday January 16, 2005 USC Women’s BB 12:00 p.m. – 4:30 p.m.
Tuesday January 18, 2005 RBBBC Move In 5:00 a.m. – 12:00 a.m.
Wednesday January 19, 2005 RBBBC Move In 5:00 a.m. – 12:00 a.m.
Thursday January 20, 2005 RBBB Circus 5:00 p.m. – 10:30 p.m.
Friday January 21, 2005 RBBB Circus 8:00 a.m. – 10:00 p.m.
Saturday January 22, 2005 RBBB Circus 8:30 a.m. – 10:00 p.m.
Sunday January 23, 2005 RBBB Circus 11:00 a.m. – 10:30 p.m.
Wednesday January 26, 2005 USC Men’s BB 5:30 p.m. – 11:30 p.m.
Thursday January 27, 2005 USC Women’s BB 5:00 p.m. – 10:30 p.m.
Sunday January 30, 2005 Band Event 8:00 a.m. – 5:30 p.m.

6.  Council is asked to approve a request from the Columbia Action Council to close the following streets on Friday, December 31, 2004 during the following times for the New Year’s Eve WOW 05’ Celebration.  Contact: Ms. Yvette Stribling  - Approved

· 1400 and 1500 blocks of Senate Street from 12:00 p.m. until 12:00 a.m.
· 1000 and 1100 blocks of Bull Street from 3:00 p.m. until 12:00 a.m.
· 1000 and 1100 blocks of Marion Street from 3:00 p.m. until 12:00 a.m.

CONSIDERATION OF BIDS & AGREEMENTS

7. Council is asked to approve the Purchase of Vinyl Sign Material, as requested by Traffic Engineering.  Award to 3M Company, the low bidder in the amount of $11,067.16.  This vendor is located in St. Paul, MN. - Approved

8. Council is asked to approve the Purchase of 50 Sections of Fire Hose, as requested by the Fire Department.  Award to Charlotte Equipment Sales, the low bidder, in the amount of $11,223.45.  This vendor is located in Charlotte, NC. - Approved

9. Council is asked to approve the Purchase of Fire Hydrants and Repair Material, as requested by the Water Distribution Division.  Award to Independent Water Works, the low bidder, in the amount of $12,813.44.  This vendor is located in Lexington, SC. - Approved

10. Council is asked to approve the Purchase of Conveyor Parts, as requested by the Wastewater Treatment Plant.  Award to Curtis Fabrication, the low bidder, in the amount of $13,170.41.  This vendor is located in Columbia, SC.  - Approved
11. Council is asked to approve the Purchase and Installation of a New Water pressure Booster System for 1136 Washington Street, as requested by the Support Services Division.  Award to Franklin D Services, the low acceptable bidder, in the amount of $24,612.85.  This firm is located in Columbia, SC. - Approved

12. Council is asked to approve the Purchase of Software and Training for Environmental Systems Research Institute (ESRI) Software, as requested by the Police Department.  Award to Bradshaw Consulting Services, a female business enterprise, in the amount of $27,104.70.  This firm is located in Aiken, SC. - Approved

13. Council is asked to approve the Purchase of a Utility Truck, as requested by Parks and Recreation.  Award to Herndon Chevrolet, using the S.C. State Vehicle Contract, in the amount of $30,023.78.  This vendor is located in Lexington, SC. - Approved

14. Council is asked to approve a Contract for the Installation of Traffic Signal Loops, as requested by Traffic Engineering.  Award to Walker Brothers, Inc., the low bidder, in the amount of $30,696.23.  This firm is located in Lexington, SC. - Approved

15. Council is asked to approve the Purchase of a Steam Sterilizer, as requested by the Lake Murray Water Plant.  Award to Getinge USA Inc., in the amount of $51,205.35.  This vendor is located in Rochester, NY. - Approved

16.  Council is asked to approve the Renewal of the City’s Excess Worker’s Compensation Liability Policy, as requested by the Legal Department.  Award to Safety National, in the amount of $60,704.00. - Approved

ORDINANCES – SECOND READING

 17.  Ordinance No.: 2004-104 – Annexing 3517 Broad River Road, Richland County TMS#06110-04-06 First reading approval given on December 8, 2004. – Approved on second reading.
 
18.  Ordinance No.: 2004–105 – Annexing 745 Janice Drive, Richland County TMS# 07305-01-08 First reading approval given on December 8, 2004. – Approved on second reading.

19.  Ordinance No.: 2004-106 – Annexing 735 Deerwood Street, Richland County TMS#13708-08-11 First reading approval given on December 8, 2004. – Approved on second reading.

 20.  Ordinance No.: 2004-108 – Request for Approval to Grant an Easement to the SC Department of Transportation along a Portion of City Property for the North Main Street Streetscape Project, Identified as Richland County TMS#09111-08-01 (Earlewood Park); CF#250-169 First reading approval given on December 8, 2004. – Approved on second reading.

CONSIDERATION OF BIDS, AGREEMENTS & CHANGE ORDERS

21. Council is asked to approve Change Order #3 for the Charles R. Drew Wellness Center, as requested by Construction Management.  Award to Loveless Contracting, in the amount of $25,233.02.  This firm is located in West Columbia, SC.

Upon motion by Mr. Cromartie, seconded by Ms. Sinclair, Council voted unanimously to approve Change Order #3 for the Charles R. Drew Wellness Center, as requested by Construction Management.  Award to Loveless Contracting, in the amount of $25,233.02.  This firm is located in West Columbia, SC.

21a. **Council is asked to approve the Purchase of a Rotating Assembly for the Mill Creek Lift Station, as requested by Wastewater Maintenance.  Award to Heyward Services, Inc., as a sole source procurement, in the amount of $43,407.00.  This firm is located in Charlotte, NC.

Upon motion by Mr. Cromartie, seconded by Mr. Rickenmann, Council voted unanimously to approve the Purchase of a Rotating Assembly for the Mill Creek Lift Station, as requested by Wastewater Maintenance.  Award to Heyward Services, Inc., as a sole source procurement, in the amount of $43,407.00.  This firm is located in Charlotte, NC.

Upon motion by Ms. Sinclair, seconded by Mr. Rickenmann, Council voted unanimously to approve on a single motion Items 22. through 24a. as amended.

22. Council is asked to approve the Purchase of Five (5) Vehicles, as requested by the Water Distribution and Forestry & Beautification Divisions.  Award to Herndon Chevrolet and Love Chevrolet of Cayce, SC using the S. C. State Vehicle Contract, in the total amount of $77,220.12.  - Approved
 
Vehicle Type Department Funding Source Vendor Cost
4x4 Pick-up Water Dist. 5516203-658500 Herndon Chevrolet $18,820.12
¾ ton Pick-up Water Dist. 5516203-658500 Love Chevrolet $14,600.00
¾ ton Pick-up Water Dist. 5516203-658500 Love Chevrolet $14,600.00
¾ ton Pick-up Water Dist. 5516203-658500 Love Chevrolet $14,600.00
¾ ton Pick-up Forestry & Beau. 1011216-658500 Love Chevrolet $14,600.00

23. Council is asked to approve Payment of the South East Vista Water and Sanitary Sewer Infrastructure Design Services for the Convention Center, as requested by Construction Management.  Award to Stevens and Wilkinson in the amount of $98,900.00.  This firm is located in Columbia, SC. - Approved

24. Council is asked to approve the Purchase of Nine (9) Vehicles, as requested by the Fire Department (6), Inspections (2) and Water Distribution (1).  Award to Love Chevrolet of Cayce, SC; Burns Automotive of Rock Hill, SC; Lee Transport of Columbia, SC; and Benson Ford of Easley, SC, using the S.C. State Vehicle Contract, in the total amount of $155,781.28. - Approved
 
Vehicle Type Department Funding Source Vendor Cost
Full Size Van Fire  1012305-658500 Love Chevrolet $13,045.11
½ ton Pick-up Fire 1012305-658500 Love Chevrolet $10,900.00
½ ton Pick-up Inspections 1014101-658500 Love Chevrolet $11,192.00
½ ton Pick-up Inspections 1014101-658500 Love Chevrolet $32,700.00
½ ton Pick-up Water Dist. 5516205-658500 Love Chevrolet $12,197.00
15,000 GVWR Cab Fire 2082306-658500 Burns Automotive $28,788.82
U.B. 15,000 GVWR Fire 2082306-658500 Lee Transport $13,914.60
11,200 GVWR Cab Fire 2082306-658500 Benson Ford $24,523.00
Utility Body for 11,200 GVWR Fire 2082306-658500 Lee Transport $8,520.72

24a.  **Council is asked to approve the Purchase of Twelve (12) Vehicles, as requested by Water Distribution (3), Street Division (1), Police Department (6), Planning (1) and Wastewater Maintenance (1).  Award to Love Chevrolet of Cayce, SC; Burns Automotive of Rock Hill, SC; Vic Bailey Ford of Spartanburg, SC; Benson Ford of Easley, SC and Pulliam Motor Co. of Columbia, SC, using the S.C. State Vehicle Contract, in the total amount of $217,181.84. - Approved
 
Vehicle Type Department Funding Source Vendor Cost
Compact Pick-ups (3) Water Dist. 5516202-658500 Pulliam Motors $31,893.57
11,200 GVWR Cab/Chassis  Street Div. 5513202-658500 Benson Ford $20,029.00
Police Cars (6) Police Dept. 2659999-658500 Vic Bailey Ford $122,664.00
½ ton Pick-up Planning 1011601-658500 Love Chevrolet $10,900.00
15,000 GVWR Cab/Chassis Wastewater Maint. 5516205-658500 Burns Automotive $31,695.27

ORDINANCES – SECOND READING

24b. **Ordinance No.: 2004-094 – Establishing the Lobbying Registration Requirement First reading approval given on December 8, 2004.

Mayor Coble reviewed the recent revisions to the Ordinance with City Council.  He requested that the following phrase be stricken from Sec. 2-303. Prohibited Acts: “and the public are attended.”

Councilman Hamilton Osborne, Jr. stated that he must respectfully vote no because he believes that the Ordinance doesn’t accomplish anything.  He said that this registration process would burden the lobbyist and staff.  He stated that it’s the message not the messenger that counts.  Councilman Osborne said that there is currently too much private communication between City Council members and people who have financial interest in something pending before Council.  He added that this Ordinance could be a first step in creating a regulation.

Upon motion by Mayor Coble, seconded by Ms. Sinclair, Council voted six (6) to one (1) to give second reading approval to Ordinance No.: 2004-094 – Establishing the Lobbying Registration Requirement.  Voting aye were Mr. Cromartie, Ms. Sinclair, Mr. Davis, Ms. Devine, Mr. Rickenmann and Mayor Coble.  Voting nay was Mr. Osborne.

ANNEXATION AND REZONING – SECOND READING

25.  17± acres, Caughman Road at Hallbrook Drive, TMS#19100-02-01(p); annex and rezone 17± acres from Richland County RG-2 to PUD-R.  This property is currently being considered for annexation.
Ordinance No.: 2004-059 - Annexing 17 +/- acres, Caughman Road at Hallbrook Drive, Richland County TMS #19100-02-01 (portion) First reading approval given on November 17, 2004.

Upon motion by Mr. Osborne, seconded by Ms. Sinclair, Council voted unanimously to give second reading approval on a single motion to the Rezoning of 17± acres, Caughman Road at Hallbrook Drive, TMS#19100-02-01(p); annex and rezone 17± acres from Richland County RG-2 to PUD-R and Ordinance No.: 2004-059 - Annexing 17 +/- acres, Caughman Road at Hallbrook Drive, Richland County TMS #19100-02-01 (portion).

ORDINANCES – FIRST READING

26.  Ordinance No.: 2004-100 – Granting encroachment to Kelly’s Deli & Pub at 1001 Washington Street for five wrought iron tables and twelve stools for outdoor dining

Upon motion by Ms. Sinclair, seconded by Ms. Devine, Council voted unanimously to approve on first reading Ordinance No.: 2004-100 – Granting encroachment to Kelly’s Deli & Pub at 1001 Washington Street for five wrought iron tables and twelve stools for outdoor dining as presented.
 
 27.  Ordinance No.: 2005-003 – Repealing Ordinance 88-30
  This item was deferred until January 5, 2005.

REZONING – FIRST READING

28.  1.57 acres on Byron Road, Wormwood Lane, and Veterans Road, TMS#16406-06-07(p), 08(p), and 11(p); rezone from PUD-R to amended PUD-R.

Upon motion by Mr. Rickenmann, seconded by Mr. Osborne, Council voted unanimously to approve on first reading the Rezoning of 1.57 acres on Byron Road, Wormwood Lane, and Veterans Road, TMS#16406-06-07(p), 08(p), and 11(p); rezone from PUD-R to amended PUD-R.

OTHER MATTERS

29. **Council is asked to approve an Amendment to the South Columbia Development Corporation Professional Services Contract, as requested by Community Development.  An additional $16,900.00 will be added to the Neighborhood Business Improvement Zone (NBIZ) Grant Program to assist businesses with matching dollar grants for improvement projects.
 
Upon motion by Ms. Sinclair, seconded by Ms. Devine, Council voted unanimously to approve an Amendment to the South Columbia Development Corporation Professional Services Contract, as requested by Community Development. An additional $16,900.00 will be added to the Neighborhood Business Improvement Zone (NBIZ) Grant Program to assist businesses with matching dollar grants for improvement projects.
 
30.  **Funding Priorities – The Honorable Anne M. Sinclair
 
A. Colonel DeLoach Memorial Park Bridge

Councilwoman Anne M. Sinclair explained to the members of Council that the Memorial Park Commission has raised approximately $47,000.00 for the Colonel Deloach Bridge.  She stated that an additional $135,000.00 is needed to complete the project.  She requested an additional $2,000.00 for the installation of an irrigation system.  Councilwoman Sinclair explained that people come from all over to visit Memorial Park and suggested that the funding be appropriated from the Hospitality Tax revenue.  She said that if a decision is not made today, there is a possibility that some matching funds may be lost.  She recommended that the funds be allocated to the appropriate city department such as the Parks and Recreation Department.

Upon motion by Mr. Cromartie, seconded by Mayor Coble, Council voted unanimously to approve a funding request from the Memorial Park Commission in the amount of  $137,000.00 for the completion of the Colonel Deloach Memorial Park Bridge and the installation of an irrigation system.  These funds will be transferred from the Hospitality Tax Fund to the Parks & Recreation Department’s budget.   The Work Initiative Program participants should be utilized, to the extent possible, in constructing the bridge.

B. Devine Street Streetscape Project

Councilwoman Anne M. Sinclair said that the first phase of the Devine Street Streetscape Project would consist of crosswalks and improvements within the core area to include bus shelters, crosswalk street printing, pavement milling and resurfacing, trash receptacles, benches, bike racks, planters with reservoir irrigation, mulch and tree planting.  There would be no structural changes to Devine Street during Phase I.  She said that there is a great effort by property owners to bring people to Devine Street and to make it more of a tourist attraction.  Councilwoman Sinclair recommended that $175,000.00 be allocated towards this project to include a 20% contingency.  She suggested that the funds be encumbered now and that city staff handle the bid process.  At this time, funding is not being requested for Phase II.  Ms. Sinclair further suggested that funds be appropriated from the Hospitality Tax Fund.

Upon motion by Ms. Devine, seconded by Mr. Osborne, Council voted unanimously to allocate $175,000.00 for Phase I of the Devine Street Streetscape project from the Hospitality Tax Fund. Staff should release bids for this project during January 2005.

C. Five Points Fountain (continued from Work Session discussion with Mr. Jack Van Loan Director of Economic Development for the Five Points Association)

Councilwoman Anne M. Sinclair explained that additional funding is needed as part of the BeautiFive Project to install an upgraded fountain at the intersection of Saluda Avenue and Blossom Street.  She said that the Five Points Association would donate their portion of funding raised to the city.

Upon motion by Ms. Sinclair, seconded by Mayor Coble, Council voted unanimously to encumber $125,000.00 of Hospitality Tax funding for the installation of an upgraded fountain in Five Points at the intersection of Saluda Avenue and Blossom Street as part of the BeautiFive Project pending the submittal of the final plan and the Five Points Association generating the matching funds.

Upon an amended motion by Ms. Devine, seconded by Ms. Sinclair, Council voted unanimously to endorse the enhancement project and to provide matching funds up to $125,000.00 for the installation of an upgraded fountain in Five Points at the intersection of Saluda Avenue and Blossom Street as part of the BeautiFive Project.  Mr. Allison Baker, Assistant City Manager for Public Services was directed to work with the Five Points Association to address City Councils’ concerns and to report back on January 5, 2005 with recommendations on how to proceed.

31.  **Funding Priorities – The Honorable E. W. Cromartie, II

Councilman E. W. Cromartie, II told the members of Council that his funding priority was to build a public road from Pinehurst Road to Two Notch Road.  He stated that this road would go through the Benedict College Athletic Field.  There are no land acquisition costs associated with this request.  He said that a name has not been selected for this new road.

Upon motion by Mr. Cromartie, seconded by Mr. Osborne, Council voted unanimously to authorize Mr. Charles P. Austin, Sr., City Manager to proceed with obtaining the additional information needed to construct a public road from Two Notch Road to Pinehurst Road.

32. **Renaissance Foundation – Ms. Mary Skinner-Jones, Executive Director

Mr. Charles P. Austin, Sr., City Manager explained that the Renaissance Foundation did submit a letter from Palmetto Health outlining their funding commitment to the foundation.

Mayor Coble stated that as a condition to disbursing funding to the Renaissance Foundation, the City of Columbia requested that they seek additional funding from another source.

Councilman Hamilton Osborne, Jr. stated that in addition to the match funds, the city wanted to make sure the money was spent on brick and mortar and not entirely on operating expenses.  He said that the proposed match from Palmetto Health is not acceptable because it will disburse over a ten (10) year period. He reminded them that several legal impediments needed to be resolved prior to disbursing funds.

Councilman E. W. Cromartie, II stated that the money was earmarked for a 501 (c) 3 as a separate legal entity that will serve as a conduit for the process of renovating the church. He urged the members of Council to move forward with the original commitment to provide funding if they received match funds.

Councilman Sam Davis asked if the church would deed the property to the foundation.

Ms. Mary Skinner Jones, Renaissance Foundation Executive Director, told the members of Council that the foundation has a 198-year lease and it can be reviewed after 50 years.  She stated that the funds would be used to renovate Bethel into a Cultural Arts Center.  She said that the Renaissance Foundation has existed since 1992.  Ms. Jones said that they were asked to comply with the length of the lease; the timeline for renovations, which was extended for an additional two (2) years; and to make sure it was no longer a church.  She further explained that the church would continue to pay all building costs until the Renaissance Foundation takes over.

Councilman Osborne stated that if the Renaissance Foundation falls short of the $5 million needed for renovations then the building would remain vested in the church and the funding provided by the city would’ve gone into a church building.

Councilwoman Anne M Sinclair suggested that the Renaissance Foundation, the City’s Legal Department and the African Methodist Episcopal Church representatives meet to discuss the challenges on how to make this work.

Upon motion by Mayor Coble, seconded by Mr. Cromartie, Council unanimously voted to direct Mr. Charles P. Austin, Sr., City Manager to convene a meeting with the involved entities to discuss the challenges at hand.  Also, the letter from Palmetto Health adequately addresses the match-funding requirement. The release of funding is contingent upon resolving the legal barriers discussed here today and the submission of a satisfactory budget.

Mr. Charles P. Austin, Sr., City Manager unequivocally explained that $220,000.00 would not be released in a lump sum.  He further explained that there are conditions that will be placed on the release of the money over a period of time.

APPEARANCE OF PUBLIC HAVING BUSINESS WITH CITY COUNCIL

No one appeared before City Council.

· City Council adjourned the meeting at 11:48 a.m. to break prior to reconvening the Work Session.

Respectfully submitted by:
Erika D. Moore
City Clerk