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100112 Council Mtg Mins Adopted North Augusta ----. South Carolina's Riuerfront MINUTES OF OCTOBER 1, 2012 Lark W. Jones, Mayor James M. Adams, Jr., Councilmember Carolyn C. Baggott, Councilmember Pat C. Carpenter, Councilmember Kenneth J. McDowell, Councilmember Arthur H. Shealy, Councilmember Jason M. Whinghter, Councilmember ORDER OF BUSINESS PUBLIC HEARING The public hearing of October 1, 2012, having been duly publicized, was called to order by Mayor Jones at 7:00 p.m. The purpose of the public hearing was consideration of the Development Agreement between the City of North Augusta an North Augusta Riverfront Company, LLC involving a tract of land in excess of 25 acres adjacent to the Savannah River in the vicinity of the 13th Street Bridge. Members present were Mayor Jones and Councilmembers Adams, Baggott, Carpenter, McDowell, Shealy, and Whinghter. Also in attendance were B. Todd Glover, City Administrator; Kelly F. Zier, City Attorney; John P. Potter, Jr., Director of Finance; Richard L. Meyer, 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; Diana H. Miller, Manager of Human Resources; and Donna B. Young, City Clerk. Minutes of Regular Meeting of 10/01/12 There being no comments; and the meeting was adjourned. ORDER OF BUSINESS REGULAR MEETING The regular meeting of October 1, 2012, having been duly publicized, was called to order by Mayor Jones following the Public Hearing. Mayor Jones rendered the invocation and led in the Pledge of Allegiance. Members present were Mayor Jones and Councilmembers Adams, Baggott, Carpenter, McDowell, Shealy, and Whinghter. Also in attendance were B. Todd Glover, City Administrator; Kelly F. Zier, City Attorney; John P. Potter, Jr., Director of Finance; Richard L. Meyer, 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; Diana H. Miller, Manager of Human Resources; and Donna B. Young, City Clerk. The minutes of the regular and study session meetings of September 17, 2012, and the study session minutes of September 24, 2012, were approved by general consent. ITEM 1. ZONING: Four Parcels of Land Totaling 2.25 +/- Acres Owned by V&H Ponce De Leon and Located West of the Intersection of Ponce De Leon Avenue and Sikes Avenue — P-D, Planned Development, to R-7, Small Lot Single Family Residential— Ordinance, Third and Final Reading On motion by Councilmember Shealy, second by Councilmember Baggott, Council unanimously adopted an ordinance on third and final reading to affect the requested rezoning of 2.25 + acres located West of the intersection of Ponce De Leon Avenue and Sikes Avenue, from PD, Planned Development, to R-7, Small Lot Family Residential. The parcel numbers are 007-14-17-002, 007-14- 17-010, 007-14-17-011, and 007-14-17-012. Please see the minutes of September 17, 2012, for the ordinance text. ITEM 2. ANNEXATION: Property located North of Bradleyville Road, Tax Parcel Number 012-14-06-046, 2.00 f Acres, Owned by Behind the Veil Ministries — Petition, Resolution to Accept On motion by Councilmember Carpenter, second by Councilmember Shealy, Council unanimously passed a resolution accepting an annexation petition for Minutes of Regular Meeting of 10/01/12 2.00 ± acres located North of Bradleyville Road and owned by Behind the Veil Ministries. This property is identified as Tax Parcel Number 012-14-06-046. The resolution text is as follows: RESOLUTION NO. 2012-19 TO ACCEPT A PETITION FOR ANNEXATION OF 2.00 ± ACRES OF PROPERTY LOCATED NORTH OF BRADLEYVILLE ROAD AND OWNED BY BEHIND THE VEIL MINISTRIES INTERNATIONAL INC. WHEREAS, Section 5-3-150(3) of the Code of Laws of the State of South Carolina provides that: "Notwithstanding the provisions of subsections (1) and (2) of this section, any area or property which is contiguous to a municipality may be annexed to the municipality by filing with the municipal governing body a petition signed by all persons owning real estate in the area requesting annexation. Upon the agreement of the governing body to accept the petition and annex the area, and the enactment of an ordinance declaring the area annexed to the municipality, the annexation is complete"; and WHEREAS, the governing body of the City of North Augusta determines it to be in the best interest of the City to accept a petition for annexation attached hereto dated September 20, 2012. The property sought to be annexed is described as follows: All that certain piece, parcel or lot of land, containing two (2) acres, more or less, situate, lying and being located in the Bradleyville Section of North Augusta, County of Aiken, State of South Carolina, and being bounded, now or formerly as follows: Northeast by North Augusta Land Company; Southeast by property of Trotter Realty Company; South by the Bradleyville Road; and West by Greenwood Estate. Reference being had to a plat made for Corine Grant by Joe L. Grant, Surveyor, under date of December 17, 1970, and recorded in the Office of the RMC for Aiken County at Book 173, Page 85. This is the property conveyed to Behind the Veil Ministries International, Inc. by deed of Crosswalk Ministries dated November 18, 2008 and recorded in the Office of the RMC for Aiken County, South Carolina in Book 4233, pages 420- 423. Said property is identified by the following Tax Parcel Number: 012-14-06-046 The property to be annexed is also shown on a map identified as "Exhibit A" titled "Map of Property Sought to be Annexed to the City of North Augusta" dated September 18, 2012, and prepared by the City of North Augusta. Minutes of Regular Meeting of 10/01/12 NOW, THEREFORE BE IT RESOLVED by the Mayor and City Council of the City of North Augusta in meeting duly assembled and by the authority thereof that the Petition to annex the property described herein is hereby accepted. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF 12012. ITEM 3. ANNEXATION: Property located North of Bradlevville Road, Tax Parcel Number 012-14-06-046, 2.00 f Acres, Owned by Behind the Veil Ministries — Ordinance, First Reading On motion by Councilmember Shealy, second by Councilmember Adams, Council unanimously passed on first reading an ordinance to effect the annexation of 2.00 ± acres located North of Bradleyville Road, and owned by Behind the Veil Ministries. This property is identified as Tax Parcel Number 012-14-06-046. The zoning classification recommended for this property, R-7, Small 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. The ordinance text is as follows: ORDINANCE NO. 2012-13 TO CHANGE THE CORPORATE LIMITS OF THE CITY OF NORTH AUGUSTA BY ANNEXING 2.00± ACRES OF PROPERTY LOCATED NORTH OF BRADLEYVILLE ROAD AND OWNED BY BEHIND THE VEIL MINISTRIES INTERNATIONAL, INC. WHEREAS, Section 5-3-150(3) of the Code of Laws of the State of South Carolina provides that: "Notwithstanding the provisions of subsections (1) and (2) of this section, any area or property which is contiguous to a municipality may be annexed to the municipality by filing with the municipal governing body a petition signed by all persons owning real estate in the area requesting annexation. Upon the agreement of the governing body to accept the petition and annex the area, and the enactment of an ordinance declaring the area annexed to the municipality, the annexation is complete"; and WHEREAS, the Mayor and City Council of the City of North Augusta, by adoption of Resolution No. 2012-19 dated October 1, 2012, accepted a Petition for Annexation and wish to annex the below described properties; and Minutes of Regular Meeting of 10/01/12 WHEREAS, the zoning classification recommended for the properties proposed for annexation has been reviewed for consistency with the Future Land Use Classification of the properties as specified in the Land Use Element of the 2005 Comprehensive Plan; 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 following described properties shall be annexed into the City of North Augusta: All that certain piece, parcel or lot of land, containing two (2) acres, more or less, situate, lying and being located in the Bradleyville Section of North Augusta, County of Aiken, State of South Carolina, and being bounded, now or formerly as follows: Northeast by North Augusta Land Company; Southeast by property of Trotter Realty Company; South by the Bradleyville Road; and West by Greenwood Estate. Reference being had to a plat made for Corine Grant by Joe L. Grant, Surveyor, under date of December 17, 1970, and recorded in the Office of the RMC for Aiken County at Book 173, Page 85. This is the property conveyed to Behind the Veil Ministries International, Inc. by deed of Crosswalk Ministries dated November 18, 2008 and recorded in the Office of the RMC for Aiken County, South Carolina in Book 4233, pages 420- 423. Said property is identified by the following Tax Parcel Number: 012-14-06-046 The property to be annexed is also shown on a map identified as "Exhibit A" titled "Map of Property Sought to be Annexed to the City of North Augusta" dated September 18, 2012, and prepared by the City of North Augusta. II. The zoning classification recommended for the properties to be annexed is consistent with the Future Land Use Classification of the properties as specified in the Land Use Element of the 2005 Comprehensive Plan; therefore, the properties shall be zoned R-7, Small Lot, Single-Family Residential, as shown on a map identified as "Exhibit B" titled "ANX 12-002 Zoning of Property Sought to Be Annexed to the City of North Augusta" dated September 18, 2012 and prepared by the City of North Augusta. III. All ordinances or parts of Ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Minutes of Regular Meeting of 10/01/12 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 , 2012. ITEM 4. ANNEXATION: Property located North of Bradlevville Road, Tax Parcel Number 012-14-06-046, 2.00 f Acres, Owned by Behind the Veil Ministries — Ordinance, Second Reading On motion by Mayor Jones, second by Councilmember Carpenter, Council unanimously passed on second reading an ordinance to effect the annexation of 2.00 ± acres located North of Bradleyville Road, and owned by Behind the Veil Ministries. This property is identified as Tax Parcel Number 012-14-06-046. The zoning classification recommended for this property, R-7, Small 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 September 17, 2012, for the ordinance text. ITEM 5: COMMUNITY PROMOTION: Recognition of Kinleigh Widener — Little Miss U.S. National Forestry Queen Kinleigh Widener was sick and unable to attend and will be rescheduled at a later City Council meeting. ITEM 6: ECONOMIC DEVELOPMENT: Development Agreement Between North Augusta Riverfront Company, LLC, and the City of North Augusta — Ordinance, First and Second Reading On motion by Councilmember Shealy, second by Mayor Jones, a motion to table the ordinance to approve a Development Agreement between the City of North August and North Augusta Riverfront Development Company, LLC for 44.01 +/- acres of real estate lying within the City of North Augusta in the proximity of the Savannah River generally referred to as the Hammond's Ferry area was unanimously passed. Minutes of Regular Meeting of 10/01/12 ITEM 7 FINANCE• Financial Advisor— Selection by Council—Resolution On motion by Councilmember McDowell, second by Councilmember Adams, Council unanimously passed a resolution designating Davenport & Company as the Financial Advisor for the City of North Augusta, South Carolina. The resolution text is as follows: RESOLUTION NO. 2012-20 DESIGNATING DAVENPORT & COMPANY AS THE FINANCIAL ADVISOR FOR THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA WHEREAS, the City desires the services of a Financial Advisor to assist in analyzing financing alternatives for future economic and development projects within the City limits of the City of North Augusta; and WHEREAS, the City solicited Requests for Qualifications (RFQs) for Financial Advisor services from nine companies; and WHEREAS, the City received three responses to the RFQ. The City Administrator and Director of Finance interviewed the three firms and, upon review of the written and oral presentations, they recommend that Davenport & Company be designated as the City's Financial Advisor. 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 Davenport & Company be designated as the City's Financial Advisor, and that the City Administrator be authorized to sign all documents relating thereto. BE IT FURTHER RESOLVED that the funding for the Financial Advisor shall come from the Tax Increment Financing Fund. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF , 2012. ITEM 8 PARKS, RECREATION, AND LEISURE SERVICES: Authorization to Enter Into A Professional Services Contract with W.R. Toole Engineers, Inc. Related to Riverfront Park—Resolution On motion by Councilmember Baggott, second by Councilmember Carpenter, Council considered a resolution authorizing the City of North Augusta to enter into a professional services contract with W.R. Toole Engineers, Inc. related to Minutes of Regular Meeting of 10/01/12 Riverfront Park selecting W.R. Toole Engineers, Inc. as the City's firm for the Riverfront Park Project. A motion was made by Councilmember Shealy to table the resolution authorizing the City of North Augusta to enter into a professional services contract with W.R. Toole Engineers, Inc. related to Riverfront Park selecting W.R. Toole Engineers, Inc. as the City's firm for the Riverfront Park Project. The motion failed for lack of a second. On motion by Councilmember McDowell, second by Mayor Jones, a motion to amend the resolution by adding the word were to the following sentence in the third paragraph of the resolution was unanimously passed. WHEREAS, 2 of the 3 firms were interviewed, and the committee determined that the firm of W.R. Toole Engineers is best qualified to provide the required services for this particular project. Vote was then taken on the original motion, and the motion passed 6/1. Voting for the motion were Mayor Jones and Councilmembers Adams, Baggott, Carpenter, McDowell, and Whinghter. Voting against the motion was Councilmember Shealy. The amended resolution text is as follows: RESOLUTION NO. 2012-21 AUTHORIZING THE CITY OF NORTH AUGUSTA TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH W.R. TOOLE ENGINEERS, INC. RELATED TO RIVERFRONT PARK SELECTING W.R. TOOLE ENGINEERS INC. AS THE CITY'S FIRM FOR THE RIVERFRONT PARK PROJECT WHEREAS, the City of North Augusta desires to retain the services of a firm for the purpose of designing the Riverfront Park; and WHEREAS, 10 firms responded to a "Request for Qualifications" and were reviewed by a staff committee consisting of the Director of Parks, Recreation, & Leisure Services, the Director of Engineering, the Superintendent of Facilities and Programs, the Superintendent of Property Maintenance, and the City Administrator which selected 3 firms for interviews and oral presentations; and WHEREAS, 2 of the 3 firms were interviewed, and the committee determined that the firm of W.R. Toole Engineers is best qualified to provide the required services for this particular project. Minutes of Regular Meeting of 10/01/12 NOW THEREFORE BE IT RESOLVED by the Mayor and City Council for the City of North Augusta, in meeting duly assembled and by the authority thereof, that W.R. Toole Engineers is hereby selected to serve as the City's firm for the Riverfront Park Project. BE IT FURTHER RESOLVED that the City Administrator is hereby authorized to negotiate with the firm of W.R. Toole Engineers for services associated with the Riverfront Park Project, subject to Council's final approval, including programming, site selection, design and construction; to sign agreements for services; make payments, and to sign all other documents related thereto. BE IT FURTHER RESOLVED that funding for these design services shall be from the Sales Tax 2 and 3 Funds. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF , 2012. There being no further business, Council adjourned. APPROVED THIS 15 DAY OF Respectfully submitted, Ck4,.c.✓ 52012. Donna B. Young Mayor Lark W. Jones City Clerk