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091916 Council Mtg Mins Adopted 0 rt Augusta / South Carolina's Riverfront MINUTES OF SEPTEMBER 19, 2016 Lark W. Jones, Mayor James M. Adams, Jr., Councilmember J. Robert Brooks, Councilmember Pat C. Carpenter, Councilmember Fletcher L. Dickert, Councilmember Kenneth.1.. McDowell, Councilmember David W. McGhee, Councilmember ORDER OF BUSINESS REGULAR MEETING The regular meeting of September 19, 2016, having been duly publicized, was called to order by Mayor Jones at 7:00 p.m. and adjourned at 7:45 p.m. Per Section 30-4-80(e) notice of the meeting by email was sent out to the current maintained "Agenda Mailout" list consisting of news media outlets and individuals or companies requesting notification. Notice of the meeting was also posted on the outside doors of the Municipal Center, the main bulletin board of the Municipal Center located on the first floor, and the City of North Augusta website. Mayor Jones rendered the invocation and led in the Pledge of Allegiance. Members present were Mayor Jones and Councilmembers Adams, Brooks, Carpenter, Dickert, McDowell, and McGhee. Also in attendance were B. Todd Glover, City Administrator; Kelly F. Zier, City Attorney; Cammie T. Hayes, Director of Finance; Richard L. Meyer, Director of Parks, Recreation, & Tourism; Scott L. Sterling, Director of Planning and Development; John C. Thomas, Director of Public Safety; Thomas C. Zeaser, Director of Engineering and Public Works; James E. Sutton, Minutes of Regular Meeting of 09/19/16 Director of Public Services; Diana H. Miller, Manager of Human Resources; and Donna B. Young, City Clerk. The minutes of the regular and study session meetings of August 15, 2016, and study session meeting of August 22, 2016, were approved by general consent. ITEM 1. STREETS AND DRAINS: Amendment of Chapter 22, Article II of the Code of Ordinances for the City of North Augusta for the Purpose of Restricting Through Truck Traffic on Walnut Lane — Ordinance, Third and Final Reading On motion by Councilmember Carpenter, second by Councilmember Dickert, Council unanimously adopted an ordinance on third and final reading amending Chapter 22, Article II of the Code of Ordinances for the City of North Augusta for the purpose of restricting through truck traffic on Walnut Lane. Following passage of this ordinance on third and final reading, City Attorney advised that notification to the companies directly impacted by this adopted ordinance would be made. Please see the minutes of August 15, 2016, for the ordinance text. ITEM 2. CITY PROPERTY/AGREEMENT: Nonexclusive Access Agreement to WTC Enterprises, LLC — Ordinance, First Reading On motion by Councilmember McDowell, second by Mayor Jones, Council unanimously passed an ordinance on first reading granting to WTC Enterprises, LLC a nonexclusive access agreement across property belonging to the City of North Augusta located in the general area of US Highway 25 and Walnut Lane. The ordinance text is as follows: ORDINANCE NO. 2016-16 AN ORDINANCE GRANTING TO WTC ENTERPRISES, LLC A NONEXCLUSIVE ACCESS AGREEMENT ACROSS PROPERTY BELONGING TO THE CITY OF NORTH AUGUSTA LOCATED IN THE GENERAL AREA OF US HIGHWAY 25 AND WALNUT LANE. WHEREAS, the City has been approached by WTC Enterprises, LLC who is developing property in the general vicinity of US HWY 25 and Walnut Lane about the City granting to WTC Enterprises, LLC, a nonexclusive easement across property belonging to the City for the purposes of ingress and egress related to the development taking place; and, Minutes of Regular Meeting of 09/19/16 WHEREAS, the City has reviewed the request and finds that the same is appropriate and in the best interest of the citizens of the community that such easement be granted. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of North Augusta, South Carolina, in meeting duly assembled and by the authority thereof, that: I. The City grants to WTC Enterprises, LLC a nonexclusive access easement across property belonging to the City as shown on the exhibit attached hereto, marked as "Exhibit A" and incorporated by reference. II. All Ordinances or parts of Ordinances in conflict herewith or to the extent of such conflict are hereby repealed. III. That the City Administrator is authorized to execute any documents necessary to provide this easement. IV. This Ordinance shall become effective immediately upon its adoption on third and final reading. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF OCTOBER, 2016. ITEM 3. CITY PROPERTY/AGREEMENT: Nonexclusive Access Agreement to WTC Enterprises, LLC — Ordinance, Second Reading On motion by Mayor Jones, second by Councilmember Brooks, Council unanimously passed an ordinance on second reading granting to WTC Enterprises, LLC a nonexclusive access agreement across property belonging to the City of North Augusta located in the general area of US Highway 25 and Walnut Lane. Please see Item no. 2 above for the ordinance text. ITEM 4: COMMUNITY PROMOTION: Constitution Week — September 17 — 23, 2016 —Proclamation In cooperation with the Martintown Road Chapter of the D.A.R. Mayor Jones proclaimed the week of September 17 - 23, 2016, as Constitution Week in the City of North Augusta. The proclamation text is as follows: Minutes of Regular Meeting of 09/19/16 North City of North Augusta, Augusta South Carolina South Carolina's Rivet-front PROCLAMATION WHEREAS, our Founding Fathers, including South Carolinians, Pierce Butler, Charles Pinckney, John Rutledge, and Charles Cotesworth Pinckney, risked their fortunes, and some even their lives, to secure the blessings of liberty for themselves and their posterity, did ordain and establish a Constitution for the United States of America; and WHEREAS, September 17, 2016, marks the two hundred and twenty-ninth anniversary of the drafting of the Constitution of the United States by the Constitutional Convention; and WHEREAS, the anniversary of the signing of the Constitution provides an historic opportunity for all Americans to learn about and recall the achievements of our Founders, and to reflect on the rights and privileges of citizenship as well as its attendant responsibilities; and WHEREAS, the independence guaranteed to the American people by the Constitution should be celebrated by appropriate ceremonies and activities during Constitution Week, September 17 through 23, 2016, as designated by proclamation of the President of the United States of America in accordance with Public Law 915. NOW THEREFORE, 1, Lark W. Jones, Mayor of the City of North Augusta, South Carolina, do hereby proclaim September 17-23, 2016, as CONSTITUTION WEEK in the City of North Augusta, South Carolina, and urge all our citizens to reflect during that week on the many benefits of our Federal Constitution and the privileges and responsibilities of American citizenship. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of North Augusta, South Carolina, to be affixed this day of September, 2016. ITEM 5. FINANCE: Selecting First Citizens Bank as the Merchant Service Provider for the City of North Augusta, South Carolina—Resolution On motion by Councilmember Carpenter, second by Councilmember McGhee, Council unanimously passed a resolution selecting First Citizens Bank as the Merchant Service Provider for the City of North Augusta, South Carolina. The resolution text is as follows: RESOLUTION NO. 2016-26 SELECTING FIRST CITIZENS BANK AS THE MERCHANT SERVICE PROVIDER FOR THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA Minutes of Regular Meeting of 09/19/16 WHEREAS, the City is currently provided merchant services through SunTrust Merchant Services, which was selected based on the South Carolina State Contract 4400011556 and; WHEREAS, the City has received merchant pricing analyses on City accounts from two additional merchant service providers. Both merchant service providers are offering the City more favorable discount rates and fees than the current provider; and WHEREAS, by Resolution 2016-20 adopted June 6, 2016, TSYS Merchant Solutions, was designated as the Merchant Services Service Provider for the City of North Augusta, South Carolina; and WHEREAS, TSYS Merchant Solutions, through their attorneys, could not come to an agreement for their services with the City's attorney, and, therefore, were never designated as the Merchant Service Provider; and WHEREAS, First Citizens Bank is offering the most favorable rates and fees for other provider services; and WHEREAS, expenses/expenditures for merchant services are already included in the City's operating budget in the appropriate funds; and WHEREAS, it is in the City's best interest to select First Citizens Bank as the merchant service provider for the City of North Augusta, until either party determines it best to dissolve the relationship. 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 First Citizens Bank be selected as the City's Merchant Service Provider, and that the City Administrator and/or the City Finance Director be authorized to sign all documents relating thereto. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF ,2016. ITEM 6. FINANCE: Franchise Agreement to Crown Castle NG East, LLC — Ordinance, First Reading On motion by Councilmember Dickert, second by Councilmember Brooks, Council unanimously passed an ordinance on first reading authorizing the City of North Augusta to grant a franchise agreement to Crown Castle NG East, LLC in connection with the provision of telecommunications service. The ordinance text is as follows: ORDINANCE NO. 2016-17 AN ORDINANCE AUTHORIZING THE CITY OF NORTH AUGUSTA TO GRANT A FRANCHISE AGREEMENT TO CROWN CASTLE NG EAST, LLC IN CONNECTION WITH THE PROVISION OF TELECOMMUNICATION SERVICE WHEREAS, Crown Castle NG East, LLC has requested consent of the City of North Augusta to use the streets and public places of the municipality to construct, install, maintain, and operate its facilities for use in providing telecommunications services to its customers within the municipality for its own business purposes and profit; and Minutes of Regular Meeting of 09/19/16 WHEREAS, the City has considered the request by Crown Castle NG East, LLC and determined that such request in accordance with the laws of this State; and WHEREAS, the City has determined that it is proper and in the interest of the citizens of the City to grant such franchise. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of North Augusta, South Carolina, in meeting duly assembled and by the authority thereof, that: I. The City grant to Crown Castle NG East, LLC a nonexclusive franchise agreement as specified in the Franchise Agreement attached hereto, marked as "Exhibit A" and incorporated by reference. II. All Ordinances or parts of Ordinances in conflict herewith or to the extent of such conflict are hereby repealed. III. This Ordinance shall become effective immediately upon its adoption on third and final reading. IV. That the City Administrator is authorized to execute any documents necessary to complete the granting of this franchise agreement. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF OCTOBER, 2016. ITEM 7. FINANCE: Franchise Agreement to Crown Castle NG East, LLC — Ordinance, Second Reading On motion by Mayor Jones, second by Councilmember McDowell, Council unanimously passed an ordinance on second reading authorizing the City of North Augusta to grant a franchise agreement to Crown Castle NG East, LLC in connection with the provision of telecommunications service. Please see Item no. 6 above for the ordinance text. ITEM 8. PUBLIC SAFETY: Authorizing North Augusta Public Safety to enter into a Law Enforcement Assistance Support Agreement with the Aiken County Sheriff's Office—Resolution On motion by Councilmember McDowell, second by Councilmember Carpenter, Council unanimously passed a resolution authorizing North Augusta Public Safety to enter into a law enforcement assistance and support agreement with the Aiken County Sheriffs Office Minutes of Regular Meeting of 09/19/16 The resolution text is as follows: RESOLUTION NO. 2016-16 AUTHORIZING THE CITY TO ENTER INTO A MUTUAL AID AGREEMENT WITH THE CONSOLIDATED GOVERNMENT OF RICHMOND COUNTY AND THE CITY OF AUGUSTA WHEREAS, the Cities of Augusta, Georgia and North Augusta, South Carolina have certain contiguous boundaries; and, WHEREAS, Augusta and North Augusta each maintain and staff a fire department for the purpose of fire suppression, protection, prevention, rescue and emergency medical assistance in response to other local emergencies; and, WHEREAS, the City of Augusta has requested that the City of North Augusta enter into a mutual aid agreement that would allow for the two agencies to assist in the event of a fire or other local emergency, as well as take part in joint training exercises; and, WHEREAS, both Cities are authorized pursuant to the laws of their respective states to enter into such mutual aid agreements; and, WHEREAS, the Public Safety Director for the City of North Augusta has recommended that the City enter into such agreement; and, WHEREAS, the Mayor and City Council for the City of North Augusta have reviewed this matter and have determined that it is in the best interest of the City that such mutual aid agreement be entered into. 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 of North Augusta is authorized to enter into the Mutual Aid Agreement as attached hereto, marked "Exhibit A" with the consolidated government of Richmond County and the City of Augusta; and, BE IT FURTHER RESOLVED that John C. Thomas, Director of Public Safety and/or B. Todd Glover, City Administrator for the City, be authorized to execute such documents as necessary in order to complete such Mutual Aid Agreement. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA,ON THIS THE DAY OF MAY, 2016. ITEM 9. ZONING: North Augusta Development Code, Proposed Map Amendment (Application RZM 16-002) — Receipt of Planning Commission Recommendation On motion by Mayor Jones, second by Councilmember Dickert, Council acknowledged receipt of the report from the Planning Commission that included its recommendation from the August 18, 2016 Planning Commission meeting that followed a duly advertised and convened public hearing. The Planning Commission voted 5-0 to recommend the request to rezone the ±3.75 acres of Minutes of Regular Meeting of 09/19/16 land located at the southwest intersection of Edgefield Road and Walnut Lane, Tax Parcel Number 010-14-04-014, from PD, Planned Development, to GC, General Commercial. ITEM 10. ZONING: North Augusta Development Code, Proposed Map Amendment (Application RZM 16-002)— Ordinance, First Reading On motion by Councilmember McGhee, second by Mayor Jones, Council unanimously passed an ordinance on first reading to amend the Zoning Map of the City of North Augusta, South Carolina by rezoning +3.75 acres of land located at the southwest intersection of Edgefield Road and Walnut Lane, Tax Parcel Number 010-14-04-014, from PD, Planned Development, to GC, General Commercial. The ordinance text is as follows: ORDINANCE NO. 2016-18 TO AMEND THE ZONING MAP OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA BY REZONING+3.75 ACRES OF LAND OWNED BY NEERAJ K. SHARMA GIFTING TRUST AND LOCATED AT THE SOUTHWEST INTERSECTION OF WALNUT LANE AND EDGEFIELD ROAD, TAX PARCEL NUMBER 010-14-04-014, FROM PD, PLANNED DEVELOPMENT TO GC, GENERAL COMMERCIAL WHEREAS, on December 17, 2007, by Ordinance 2007-22, the North Augusta City Council adopted the North Augusta Development Code and a citywide Zoning Map which is consistent with the City's 2005 Comprehensive Plan; and WHEREAS, pursuant to Section 5.3, North Augusta Development Code, the North Augusta Planning Commission may recommend amendments to the Zoning Map, provided such amendments are consistent with the City's 2005 Comprehensive Plan; and WHEREAS, the North Augusta Planning Commission, following an August 18, 2016 public hearing, reviewed, considered and approved the amendment to the Zoning Map and recommended said amendment to the City Council for approval. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, IN MEETING DULY ASSEMBLED AND BY THE AUTHORITY THEREOF, THAT: L The property owned by Neeraj K. Sharma Gifting Trust, located at the southwest intersection of Walnut Lane and Edgefield Road, containing +3.75 acres, and shown on the map prepared by the City of North Augusta dated July 19, 2016 and attached hereto as Exhibit A, is hereby rezoned from PD, Planned Development to GC, General Commercial. The subject property is identified by the following Aiken County Tax Map Block and Parcel Number: Minutes of Regular Meeting of 09/19/16 010-14-04-014 II. Said property being officially rezoned to the classification GC, General Commercial in accordance with the map attached hereto as Exhibit A, the official Zoning Map of the City of North Augusta is to be so amended. III. All ordinances or parts of Ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. IV. This Ordinance shall become effective immediately upon its adoption on third and final reading. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF , 2016. ITEM 11. ZONING: North Augusta Development Code, Proposed Map Amendment (Application RZM 16-002) — Ordinance, Second Reading On motion by Councilmember Brooks, second by Councilmember Dickert, Council unanimously passed an ordinance on second reading to amend the Zoning Map of the City of North Augusta, South Carolina by rezoning +3.75 acres of land located at the southwest intersection of Edgefield Road and Walnut Lane, Tax Parcel Number 010-14-04-014, from PD, Planned Development, to GC, General Commercial. Please see Item no. 10 above the ordinance text. ITEM 12. COMMUNITY PROMOTION: Jacqueline Jones, Freedom Builders International Inc. Jacqueline Jones, Vice President of Freedom Builders International, Inc. presented a proposal to Council to tie yellow ribbons on City property (trees and light polls). to bring awareness to the issues of homeless education in the state and school districts of South Carolina. Mayor and Council asked that Ms. Jones contact City staff to work out details of the proposal. Minutes of Regular Meeting of 09/19/16 There being no further business, Council adjourned at 7:45 p.m. APPROVED THIS 3 DAY OF Respectfully submitted, Ode%lo.t r' , 2016. ter.. ‘...__..- 3)..• 1----34:1' ‘Ck.‘...'-j2---t-t--, _ Donna B. Young Lark W. Jones, Mayor