022012 Council Mtg Mins Adopted 14 �a
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Augusta
South Carolina's Riuerfront
MINUTES OF FEBRUARY 20, 2012
Lark W. Jones, Mayor
James M. Adams, Jr., Councilmember
Carolyn C. Baggott, Councilmember
Pat C. Carpenter, Councilmember
Kenneth J. McDowell, Councilmember
Arthur K Shealy, Councilmember
Jason M. Whinghter, Councilmember
ORDER OF BUSINESS
REGULAR MEETING
The regular meeting of February 20, 2012, having been duly publicized, was called to order by
Mayor Jones at 7:00 p.m. Mayor Jones rendered the invocation and led in the Pledge of
Allegiance.
Members present were Mayor Jones and Councilmembers Adams, Baggott, Carpenter,
McDowell, Whinghter, and Shealy.
Also in attendance were B. Todd Glover, City Administrator; John P. Potter, Jr., Director of
Finance; Richard L. Meyer, Interim Director of Parks, Recreation, and Leisure Services; Scott
L. Sterling, Interim Director of Planning and Economic Development; John C. Thomas, Director
of Public Safety; Thomas C. Zeaser, Director of Engineering and Public Works; James E.
Sutton, Deputy Director of Public Services; and Diana H. Miller, Manager of Human Resources.
Minutes of Regular Meeting of 2/20/12
The minutes of the study session and regular meetings of February 6, 2012, were approved by
general consent.
ITEM 1. ANNEXATION: Property located at 356 Edisto Drive, Tax Parcel
Number 012-11-08-014, 0.33 f Acres, Owned by Sarah A.
Luckey—Ordinance, Third and Final Reading
On motion by Councilmember Shealy, second by Councilmember Baggott,
Council unanimously adopted on third and final reading an ordinance to effect
the annexation of 0.33 ± acres located at 356 Edisto Drive, and owned by Sarah
A. Luckey. This property is identified as Tax Parcel Number 012-11-08-014.
The zoning classification recommended for this property, R-10, Medium Lot,
Single Family Residential, is consistent with the future land use classification of
the property, as specified in the Future Land use Element of the 2005
Comprehensive Plan.
Please see the minutes of the February 6, 2012, for the ordinance text.
Prior to the vote residents from the following addresses voiced opposition to the
proposed annexation:
346, 349, 350, and 354 Edisto Drive.
ITEM 2. UTILITIES: Confirming Under The Terms Of Section 5-31-920 Of The
Code of Laws of South Carolina, 1976, As Amended, The
Entry Into A Wastewater Capacity Transfer Agreement and
Wastewater Services Agreement Between the City of North
Augusta, South Carolina, The City of Aiken, South Carolina
And Aiken County, South Carolina d/b/a Aiken County Public
Service Authority, And Other Matters Relating Thereto —
Ordinance, Third and Final Reading
On motion by Mayor Jones, second by Councilmember Adams, Council passed
on third and final reading an ordinance confirming under the terms of Section 5-
31-920 of the Code of Laws of South Carolina, 1976, as amended, the entry into
a Wastewater Capacity Transfer Agreement and Wastewater Services Agreement
between the City of North Augusta, South Carolina, the City of Aiken, South
Carolina, and Aiken County, South Carolina, d/b/a Aiken County Public Service
Authority, and other matters relating thereto.
Voting for the motion were Mayor Jones, and Councilmembers Adams, Baggott,
Carpenter, McDowell, and Whinghter. Voting against the motion was
Councilmember Shealy. The motion passed 6/1.
Minutes of Regular Meeting of 2/20/12
Please see the minutes of February 6, 2012, for the ordinance text.
ITEM 3. CITY PROPERTY: Gift from Eunice R. Carr Revocable Trust and Tony L.
Carr, Jr. of Real Estate Located Adiacent to Bluff
Avenue and the Southern Right-of-Way of an
Undeveloped Portion of Lake Avenue—Resolution
On motion by Councilmember Shealy, second by Councilmember Carpenter,
Council unanimously passed a resolution accepting, by Deed of Gift, real estate
located adjacent to Bluff Avenue and the Southern right-of-way of an
undeveloped portion of Lake Avenue from the Eunice R. Carr Revocable Trust
and Tony L. Carr, Jr.
The resolution text is as follows:
STATE OF SOUTH CAROLINA )
RESOLUTION OF CITY COUNCIL FOR CITY OF
COUNTY OF AIKEN ) NORTH AUGUSTA
RESOLUTION NO. 2012-02
TO ACCEPT, BY DEED OF GIFT,
REAL ESTATE LOCATED ADJACENT TO BLUFF AVENUE
AND THE SOUTHERN RIGHT-OF-WAY OF AN UNDEVELOPED
PORTION OF LAKE AVENUE FROM THE EUNICE R. CARR REVOCABLE TRUST
AND TONY L. CARR, JR.
WHEREAS, The Eunice R. Carr Revocable Trust and Tony L. Carr, Jr. have offered to
donate to the City of North Augusta certain real estate owned by them located adjacent to Bluff
Avenue and the Southern right-of-way of an undeveloped portion of Lake Avenue within the
City Limits of North Augusta; and
WHEREAS, City Staff has examined the property and determined that the property
could be beneficially used by the City; and
WHEREAS, City Staff has recommended to the City that such gift be accepted; and
WHEREAS, the Mayor and City Council finds it would be in the City's best interest to
accept said property.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of
North Augusta, South Carolina, in meeting duly assembled and by the authority thereof, that the
City accept, by deed of gift from The Eunice R. Carr Revocable Trust and Tony L. Carr, Jr., the
following described real estate to wit:
Minutes of Regular Meeting of 2/20/12
All that certain piece, parcel of land, lying and being located in the County of Aiken,
State of South Carolina, designated as Lot or Parcel of land with improvements thereon,
situate, lying and being in the City of North Augusta and fronting on the North side of
Bluff Avenue and being triangular in shape. Said Tract fronts on Bluff Avenue POB
165+ feet, more or less, along a Southwestern direction to a point of intersection of the
Northern R/W of Bluff Avenue and the Southern R/W of Lake Avenue undeveloped.
Thence in a Northeastern direction along the Southern R/W of Lake Avenue unimproved
for a distance of 160.2 feet to a point, thence in a Southeastern direction of 37.24 to the
north R/W of Bluff Avenue to the point of beginning (POB). Parcel contains
approximately 0.07 acres of land also known as the Western Triangle on a plat prepared
for Mildred Sikes Pierce and City of North Augusta by K.L. Wise dated August 20, 1954
and recorded in Deed Book 1971 Page 03. For a more complete and accurate description
of subject property, reference should be made to the aforesaid plat which is incorporated
herein and made a part and parcel hereof. For additional plat see Misc. Book 34, Page
199.
This is the identical premises conveyed to Tony L. Carr, Jr. and Tony L. Carr, Sr. by
deed recorded in the Office of the RMC for Aiken County, South Carolina in Title Book
1971 at Page 01 and an interest therein conveyed to The Eunice R. Carr Revocable Trust
by deed recorded in the Office of the RMC for Aiken County, South Carolina in Title
Book 4352 at Pages 2108-2114.
Tax Map and Parcel Number: 007-13-04-001
AND, BE IT FURTHER RESOLVED that the City Administrator and City Attorney are
authorized to execute such documents as may be necessary to complete this transaction and to
have the title to said property transferred on the records of the RMC for Aiken County, South
Carolina, into the name of the City of North Augusta.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA ON THIS DAY OF
FEBRUARY, 2012.
ITEM 4. STREETS AND DRAINS: Whatley Place Townhouses, Phase II-A, Deed
of Dedication for Subdivision Improvements —
Resolution
On motion by Councilmember Baggott, second by Councilmember McDowell, a
motion accepting a deed of dedication for the subdivision improvements for
Whatley Place Townhouses, Phase II-A was unanimously passed by Mayor and
Council.
The resolution text is as follows:
Minutes of Regular Meeting of 2/20/12
RESOLUTION NO. 2012-03
ACCEPTING A DEED OF DEDICATION FOR THE STREETS,
SANITARY SEWER AND STORMWATER COLLECTION SYSTEMS AND ASSOCIATED
EASEMENTS ALONG WITH A PERFORMANCE GUARANTEE AND LETTER OF
CREDIT, FOR WHATLEY PLACE TOWNHOUSES, PHASE II-A
WHEREAS, RDB Whatley Place, LLC, and its predecessors in title, developed
Whatley Place Townhouses, Phase II-A according to the requirements of the North Augusta
Planning Commission and the City, and owns the streets, utilities, and easements; and
WHEREAS, pursuant to §5.8.4.3 of the North Augusta Development Code, the
Director of Planning and Economic Development and the City Engineer approved the final
subdivision plat for recording on March 2, 2009; and
WHEREAS, it is the policy of the City that, upon approval of a final subdivision
plat, the City will, following inspection by the City's Engineering department, accept a deed of
dedication for the streets, utilities, etc. for the purpose of ownership and maintenance when said
deed is accompanied by a maintenance guarantee; and
WHEREAS, certain street repairs have been identified that require completion
and the developer has provided a performance guarantee and letter of credit to guarantee these
repairs; and, due to the time elapsed since development approval, the performance guarantee
will serve in lieu of a maintenance guarantee; and
WHEREAS, the City Engineer has made final inspection of the completed
subject improvements, and these improvements meet City standards, and will make final
inspection of the remaining repairs at the time of completion.
NOW THEREFORE, BE IT RESOLVED that the Mayor and City Council of the
City of North Augusta, South Carolina, in meeting duly assembled and by the authority thereof,
do hereby accept a deed of dedication for:
All those certain pieces, parcels or tracts of land, situate, lying and being in the City of
North Augusta, in the County of Aiken, State of South Carolina as shown on the plat,
hereinafter referred to consisting of all streets, storm drainage and sewer lines, pipes,
valves and connections located in WHATLEY PLACE TOWNHOUSES PHASE II-A,
according to the plat prepared by Piedmont Surveying, Inc. dated February 8, 2009,
recorded in the Office of the RMC for Aiken County, South Carolina in Plat Book 54 at
pages 433-434. Reference is hereby made to said plat for a specific metes, bounds and
location of said property. The streets conveyed by this Deed are all of Redglobe Street,
all of Harvester Drive and that portion of Alberta Avenue as shown within Phase II-A on
said plat, with all rights of ways for said streets being fifty feet (50'). The storm
drainage and sewer lines, pipes, valves and connections are those as identified on said
plat as well as any and all of same that are actually installed and located within the rights
of way, to include various sewer and drainage easements as identified on said plat. In
Minutes of Regular Meeting of 2/20/12
addition, the Grantor does hereby convey an easement to enter upon all areas as shown
as drainage and utility easements on the afore-referred-to plat and also an easement over
and across all sidewalks adjacent to public roadways.
This being a portion of the premises conveyed to RDB WHATLEY PLACE, LLC by
deed of Raymond Donald Brown, recorded in the office of the RMC for Aiken County,
South Carolina in Record Book 4381 at page 1713-1717.
TAX MAP AND PARCEL NUMBER: 005-08-20-028
Redglobe Street, Harvester Drive and Alberta Avenue
TAX MAP AND PARCEL NUMBER: 005-08-19-025
Utility Easements
BE IT FURTHER RESOLVED that a Performance Guarantee and Letter of
Credit valued at $18,125 are hereby accepted.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
, 2012.
ITEM 5. STREETS AND DRAINS: Approval of the Municipal State Highway
Proiect Agreement for the US 25/Walnut Lane
Intersection Improvements Proiect in the City
of North Augusta—Resolution
On motion by Councilmember Carpenter, second by Councilmember Whinghter,
Council passed a resolution approving the Municipal State Highway Project
Agreement for the US 25/Walnut Lane Intersection Improvements Project in the
City of North Augusta. Voting for the resolution were Mayor Jones and
Councilmembers Adams, Baggott, Carpenter, McDowell, and Whinghter.
Councilmember Shealy was not present for the vote. The resolution passed.
The resolution text is as follows:
RESOLUTION NO. 2012-04
TO APPROVE THE MUNICIPAL STATE HIGHWAY
PROJECT AGREEMENT FOR THE US 25/WALNUT
LANE INTERSECTION IMPROVEMENTS PROJECT
IN THE CITY OF NORTH AUGUSTA
STATE OF SOUTH CAROLINA )
COUNTY OF AIKEN )
Road/Route US 25/Walnut Lane Intersection Improvement
File 2.039983
Minutes of Regular Meeting of 2/20/12
Item
Project SU02(004)
PIN 39983
WHEREAS, the South Carolina Department of Transportation ("SCDOT") proposes to
construct, reconstruct, alter, or improve the certain segments of the highway(s) in the State
Highway System referenced above which are located within the corporate limits of the City of
North Augusta (hereinafter, "the City").
WHEREAS, the City wishes to authorize the construction and improvements of the
aforesaid highway(s) in accordance with plans to be prepared by the SCDOT ("the Project
Plans").
NOW THEREFORE, BE IT RESOLVED that, pursuant to S.C. Code Ann. §57-5-820
(1991), the City does hereby consent to the construction or improvements of the aforesaid
highway(s) within its corporate limits in accordance with the Project Plans. The foregoing
consent shall be the sole approval necessary from the City for SCDOT to complete the project
under the Project Plans and constitutes a waiver of any and all other requirements with regard to
construction within the City's limits. The foregoing waiver and consent shall also extend to the
benefit of utility companies engaged in relocating utility lines on account of the project. Further,
the City shall exempt all existing and new right-of-way and all other properties purchased in
connection with right-of-way for the highway(s) from any general or special assessment against
real property for municipal services.
BE IT FURTHER RESOLVED, that the City will assist SCDOT in causing all water,
sewer and gas pipes, manholes, or fire hydrants, and all power or telephone lines or poles
located within the existing right-of-way to be relocated at the utility company's expense, except
where the utility can demonstrate a prior right of occupancy. To the extent that City-owned
utilities are to be relocated, those utility lines and/or appurtenances may be replaced upon the
new highway right-of-way at such locations as may be approved by SCDOT. SCDOT shall not
be liable for damages to property or injuries to persons as a consequence of the placing,
maintenance, or removal of any utilities by the City or its contractors. Future utility installations
by the City within the limits of the new right-of-way after project completion shall be pursuant
to a standard utility encroachment permit obtained in the normal course and issued pursuant to
SCDOT's "A Policy for Accommodating Utilities on Highway Rights-of-Way."
BE IT FURTHER RESOLVED, that the City hereby signifies its agreement to accept
for maintenance purposes those sections of a highway remaining after the highway is relocated
pursuant to S. C. Code Ann. 57-5-120 upon notification by the SCDOT of its abandonment of
the highway.
BE IT FURTHER RESOLVED, that the City hereby signifies its intention to faithfully
observe the provisions of Chapter 5, Title 56, Code of Laws of South Carolina, 1976, and all
amendments thereto relating to the regulation of traffic on the street, or streets, to be
constructed, reconstructed, altered or improved as hereinabove identified and further agrees to
refrain from placing or maintaining any traffic control devices upon any section of said street, or
Minutes of Regular Meeting of 2/20/12
streets, without having first obtained written approval of the South Carolina Department of
Transportation as required in S.C. Code §56-5-930 (1976, as amended), nor enacting any traffic
regulation ordinances inconsistent therewith.
BE IT FURTHER RESOLVED by the Mayor and City Council of the City of North
Augusta in meeting duly assembled and by the authority thereof that the Municipal State
Highway Project Agreement for the US 25/Walnut Lane Intersection Improvements Project is
hereby approved.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
32012.
There being no further business, Council adjourned.
APPROVED THIS J�— DAY OF Respectfully submitted,
0-%0"✓ 2012. "'D� &
Donna B. Young
Mayor Lark W. Jonlis City Clerk
PENDING COUNCIL REVIEW AND APPROVAL