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092120 Virtual Council Mtg Mins Adopted North Augusta _A'r��/ South Carolina's Muerfront MINUTES OF SEPTEMBER 21, 2020 Robert A. Pettit, Mayor J. Robert Brooks, Councilmember Pat C. Carpenter, Councilmember Fletcher L. Dickert, Councilmember David W. McGhee, Councilmember Eric H. Presnell, Councilmember Kevin W. Toole, Councilmember • ORDER OF BUSINESS VIRTUAL REGULAR MEETING The regular meeting of the City Council of the City of North Augusta of September 21, 2020 having been duly publicized was called to order by Mayor Pettit at 7:00 p.m. and streamed online for public viewing at the City Facebook page: "City of North Augusta—Public Information" and City YouTube page: "City of North Augusta Public Information"then adjourned at 7:42 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 Pettit rendered the invocation and the Pledge of Allegiance. Members present were Mayor Pettit, Councilmembers Brooks, Carpenter, Dickert, McGhee, Presnell, and Toole. Also in attendance were Jim Clifford, City Administrator; Rachelle Moody, Assistant City • Administrator; Kelly Zier, City Attorney; Cammie Hayes, Director of Finance and General 1 • Services; Richard Meyer, Director of Parks, Recreation and Tourism; Libby Hodges,Director of Planning and Development;Ricky Jones,Manager of Information Technology;and Sharon Lamar, City Clerk. Joe Lucas of Pope Flynn, LLC was also in attendance. The minutes of the Virtual Study Session of August 17, 2020 and Virtual Special Called Study Session minutes of August 31, 2020 were approved by general consent. ITEM 5 PLANNING AND DEVELOPMENT: Ordinance No. 2020-19—Amending Article 4 Supplemental Use Regulations of the North Augusta Development Code, Chapter 18 of the City of North Augusta South Carolina Code of Ordinances; Ordinance- Final Reading On the motion of Councilmember Carpenter, second of Councilmember Brooks, Council agreed to consider on final reading an ordinance to amend Article 4, Supplemental Use Regulations,of the North Augusta Development Code. There were no comments from citizens or Council. The ordinance was approved on final reading with a unanimous 7-0 vote of Council. A copy of the proposed ordinance is below: ORDINANCE NO. 2020-19 AMENDING ARTICLE 4 SUPPLEMENTAL USE REGULATIONS, OF THE NORTH • AUGUSTA DEVELOPMENT CODE CHAPTER 18 OF THE CITY OF NORTH AUGUSTA SOUTH CAROLINA CODE OF ORDINANCES WHEREAS, on December 17, 2007, by Ordinance 2007-22, the North Augusta City Council adopted the North Augusta Development Code which is consistent with the City's Comprehensive Plan and which incorporates all City zoning and land development regulations; and WHEREAS, pursuant to Section 5.3.3.2 Text Amendments in Article 5, Approval Procedures, of the North Augusta Development Code, any person, property owner, board, commission, department or the City Council may apply for a change in zoning ordinance text; and WHEREAS, the North Augusta Planning Commission, following a July 16, 2020, public hearing, reviewed and considered a request by the Planning and Development Department to amend Article 4, entitled"Supplemental Use Regulations," of the North Augusta Development Code to allow cottage kitchens as a Home Occupation. The Planning Commission report has been provided to City Council for consideration. The Mayor and City Council have reviewed the request as well as the report from the Planning Commission and has determined that the change to the text of the Development Code is appropriate. • 2 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 North Augusta Development Code, Chapter 18 of The City of North Augusta, South Carolina Code of Ordinances, Providing for New Zoning and Land Development Regulations for the City of North Augusta, South Carolina, is hereby amended and shall read as described in the following section. The section of the Code affected by the proposed amendment is identified by the section number. A. Article 4, Supplemental Use Regulations, Section 4.14, Home Occupations, is amended to read: 4.14.1 Standards Home occupations are permitted in any dwelling unit subject to the following provisions: a. The appearance of the dwelling unit shall not be altered. b. The home occupation shall not affect the residential character of the neighborhood and shall not be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, increased traffic or the emission of odors, sounds, or vibrations. c. No outdoor display of goods or outdoor storage of equipment or materials used in the home occupation shall be permitted. • d. The home occupation shall not involve the use of advertising signs on the premises or an any other advertising medium which calls attention to the fact that the dwelling unit is being used for a home occupation except for an identification sign which shall conform to the requirements for signage in a residential zoning district permitted pursuant to Article 13, Signs. e. The home occupation shall be conducted solely by resident occupants of the dwelling unit and one (1) additional employee or volunteer. f. The home occupation shall be conducted entirely within the dwelling unit or within in an accessory structure located on the same parcel as the dwelling unit except for those necessary outdoor activities related to the care of children. No more than twenty five percent(25%) of the gross area of the dwelling unit shall be used for the home occupation. g. A home occupation which utilizes an accessory building, whether attached or detached, shall not occupy a floor space greater than five hundred (500) square feet. h. The use of electrical or mechanical equipment that would change the fire rating of the dwelling or create visible or audible interference in radio or television receivers or cause fluctuations in line voltage outside the dwelling unit is prohibited. i. The home occupation shall not involve the use of commercial vehicles for delivery of materials to and from the premises. j. The home occupation does not generate additional traffic in excess of ten (10) vehicle trips per day or otherwise increase traffic or on street parking that would be inconsistent with a residential area. • k. No direct on premises selling of retail goods shall be allowed except that non-durable articles (consumable products) that are incidental to a service, 3 which service shall be the principal activity in the home occupation, may be • sold on the premises. Telephone solicitation is permitted. I. The preparation of ready for consumption meals or specialty foods, specifically prepared for fresh delivery or catering or consumption at another location provided that any and all required state health and restaurant approvals and licenses have been obtained and are maintained as required for "Cottage Kitchens" as defined by state health agencies. (Adopt Ixx.xx.2020, Ord2020-xx) 4.14.2 Prohibited Uses The following uses are prohibited as home occupations: a. Vehicle painting, service or repair; b. Animal hospitals, kennels, stables, hospitals, or obedience/training schools; c. Restaurants; d. Automobile and/or body and fender repair; e. (deleted) f. Repair, manufacturing, and processing uses; however, this shall not exclude the home occupation of small scale skilled trades including a dressmaker, tailor gunsmith, jeweler, watchmaker, etc., where goods are not manufactured for stock, sale or distribution; g. Construction trades where activities or the storage of materials or equipment associated with the conduct on the business are conducted on the premises; and h. Service trades where automobile or truck fleets are customary to the • conduct of the business. B. Any other needed formatting will be edited to01 reflect new page numbers, titles or item numbering associated with the text changes outlined herein. II. All other Ordinances or parts of Ordinances in conflict herewith are, to the extent of such conflict, hereby repeated. III. This Ordinance shall become effective immediately upon its adoption on second reading. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF 2020. ITEM 6 ANNEXATION• Ordinance No. 2020-20 —To Change the Corporate Limits of the City of North Augusta by Annexing a Portion of:0.32 Acres of Property Located at 647 Crestlyn Drive and Owned by Frances S. Washington; Ordinance-Final Reading On the motion of Councilmember Dickert, second of Councilmember Toole, Council agreed to consider on final reading an ordinance to change the corporate limits of the City of North Augusta by annexing a portion of:0.32 acres of property located by 647 Crestlyn • Drive and owned by Frances S. Washington. There were no comments from citizens or Council. The ordinance was approved on final reading with the 7-0 unanimous vote. 4 • A copy of the proposed ordinance is below: ORDINANCE NO. 2020-20 TO CHANGE THE CORPORATE LIMITS OF THE CITY OF NORTH AUGUSTA BY ANNEXING A PORTION OF:L 0.32 ACRES OF PROPERTY LOCATED AT 647 CRESTLYN DRIVE AND OWNED BY FRANCES S. WASHINGTON 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. 2020-36 dated August 17, 2020, accepted a Petition for Annexation and wish to annex the below described properties; and 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 North Augusta 2017 Comprehensive Plan; WHEREAS, Frances S. Washington, the current owner of record of the property, has submitted a Petition for annexation, dated July 16"d, 2020, requesting the City annex the described property; 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: 1. A portion of the following described property shall be annexed into the City of North Augusta: Block 4, Lot 10 Summerfield Subdivision Tax Map & Parcel No.: 013-09-02-003 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 June 26, 2020, and prepared by the City of North Augusta. The property to be annexed shall be zoned R-10, Medium Lot, and Single-Family Residential as shown on a map identified as"Exhibit B "titled"Zoning of Property • Sought to be Annexed to the City of North Augusta." Said map is dated July 21, 2020 and prepared by the City of North Augusta. 5 • II. All ordinances or parts of Ordinances in conflict herewith are,to the extent of such conflict, hereby repealed. III. This Ordinance shall become effective immediately upon its adoption on second 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 2020. ITEM 7. ANNEXATION: Ordinance No. 2020-21 —To Change the Corporate Limits of the City of North Augusta by Annexing a Portion of±0.34 Acres of Property Located at 701 Mae Street and Owned by David P. and Connie B. Connar; Ordinance-Final Reading On the motion of Councilmember Presnell, second of Councilmember Carpenter, Council agreed to consider on final reading an ordinance to change the corporate limits of the City of North Augusta by annexing a portion of 10.34 acres of property located by 701 Mae Street and owned by David P. and Connie B. Connar. There were no comments from citizens or Council. The ordinance was approved on final reading with a 7-0 unanimous vote. • A copy of the proposed ordinance is below: ORDINANCE NO. 2020-21 TO CHANGE THE CORPORATE LIMITS OF THE CITY OF NORTH AUGUSTA BY ANNEXING A PORTION OF f 0.34 ACRES OF PROPERTY LOCATED AT 701 MAE ST AND OWNED BY DAVID P. AND CONNIE B. CONNAR 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. 2020-37 dated August 17,2020, accepted a Petition for Annexation and wish to annex the below described properties; and 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 North Augusta 2017 Comprehensive Plan; 6 • WHEREAS, David P. Connar and Connie B. Connar,the current owners of record of the property, has submitted a Petition for annexation, dated July 2"d, 2020, requesting the City annex the described property; 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: IV. The following described property shall be annexed into the City of North Augusta: Block 13, Lot 44, Plat 4, Summerfield Subdivision Tax Map &Parcel No.: 013-05-09-028 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 June 26, 2020, and prepared by the City of North Augusta. The property to be annexed shall be zoned R-10, Medium Lot, Single-Family Residential as shown on a map identified as "Exhibit B"titled"Zoning of Property Sought to be Annexed to the City of North Augusta." Said map is dated June 26, 2020 and prepared by the City of North Augusta. • V. All ordinances or parts of Ordinances in conflict herewith are,to the extent of such conflict, hereby repealed. VI. This Ordinance shall become effective immediately upon its adoption on second 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 2020. ITEM 8 ANNEXATION: Ordinance No. 2020-22—To Change the Corporate Limits of the City of North Augusta by Annexing a Portion of±0.25 Acres of Property Located at 709 Mae Street and Owned by Betty Jane Daniel; Ordinance-Final Reading On the motion of Councilmember Toole, second of Councilmember Presnell, Council agreed to consider on final reading an ordinance to change the corporate limits of the City of North Augusta by annexing a portion of±0.25 acres of property located by 709 Mae Street and owned by Betty Jane Daniel. There were no comments from citizens or Council. The ordinance was approved on final reading with a 7-0 unanimous vote. • 7 A copy of the proposed ordinance is below: • ORDINANCE NO. 2020-22 TO CHANGE THE CORPORATE LIMITS OF THE CITY OF NORTH AUGUSTA BY ANNEXING A PORTION OF t 0.25 ACRES OF PROPERTY LOCATED AT 709 MAE ST AND OWNED BY BETTY JANE DANIEL 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. 2020-38 dated August 17, 2020, accepted a Petition for Annexation and wish to annex the below described properties; and 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 North Augusta 2017 Comprehensive Plan; WHEREAS,the Betty Jane Daniel,the current owner of record of the property,has submitted a Petition for annexation, dated July 2"d, 2020, requesting the City annex the described property; 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: VII. The following described property shall be annexed into the City of North Augusta: Block 13, Lot 48, of Plat 4, Summerfields Subdivision Tax Map & Parcel No.: 013-05-09-006 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 June 26, 2020, and prepared by the City of North Augusta. The property to be annexed shall be zoned R-10, Medium Lot, Single-Family • Residential as shown on a map identified as "Exhibit B" titled"Zoning of Property 8 Sought to be Annexed to the City of North Augusta." Said map is dated June 26, • 2020 and prepared by the City of North Augusta. VIII. All ordinances or parts of Ordinances in conflict herewith are,to the extent of such conflict, hereby repealed. IX. 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 2020. ITEM 9. LAND: Resolution No. 2020-39 - To Establish a Municipal Forfeited Land Commission as Authorized by Section 12-59-130 of the Code of Laws of South Carolina 1976, As Amended On the motion of Mayor Pettit, second of Councilmember Carpenter, Council agreed to consider a resolution to establish a Municipal Forfeited Land Commission as authorized by Section 12-59- 130 of the Code of Laws of South Carolina 1976,as amended. Kelly Zier,City Attorney,explained the intent and content of the resolution. He added there is a State Statute that allows cities to set- up a Municipal Forfeited Land Commission. A Forfeited Land Commission is already established at Aiken County. There were no comments. The resolution was adopted with a unanimous vote of 7-0. A copy of the proposed resolution is below: RESOLUTION NO. 2020-39 TO ESTABLISH A MUNICIPAL FORFEITED LAND COMMISSION AS AUTHORIZED BY SECTION 12-59-130 OF THE CODE OF LAWS OF SOUTH CAROLINA 1976, AS AMENDED. WHEREAS, Section 12-59-130 of the Code of Laws of South Carolina 1976, as amended (the "Municipal FLC Statute") provides for the establishment of a forfeited land commission by municipalities; and, WHEREAS, the Municipal FLC Statute provides that"[w]hen any municipal corporation desires to set up and put in operation a commission for the purpose of buying lands sold under tax executions for taxes or assessments due such corporation, its [governing body] may designate one or more, not exceeding three, of the officers of such municipal corporation, by resolution duly passed and entered upon the minutes of any regular meeting of such body, as the forfeited land commission of the municipality"; and, • 9 WHEREAS, the City Council (the `City Council') of the City of North Augusta (the • "City"),the governing body of the City, has determined that it is in the best interest of the City to establish a municipal forfeited land commission (the "North Augusta Forfeited Land Commission"). NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City in meeting duly assembled and by the authority thereof as follows: 1. That the City Council hereby establishes the North Augusta Forfeited Land Commission pursuant to the Municipal FLC Statute. 2. That the City Administrator and the City Treasurer, both officers of the City, and their respective successors in office,are hereby appointed, in an ex officio capacity,to constitute the North Augusta Forfeited Land Commission. 3. Said North Augusta Forfeited Land Commission shall possess all responsibility and authority as provided by the Municipal FLC Statute. DONE,RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS 215L DAY OF SEPTEMBER, 2020. • ITEM 10. ANNEXATION: Property Located at 1449 Hammond Pond Road A. Resolution No. 2020-40—To Accept a Petition for Annexation of±1.00 Acres of Property Located at 1449B Hammond Pond Road and Owned by Randall C. Simmons and Nicole Kerlin Simmons On the motion of Councilmember Brooks, second of Councilmember Carpenter, Council agreed to consider a resolution to accept a petition for the annexation off 1.00 acres of property located at 1449B Hammond Pond Road and owned by Randall C. Simmons and Nicole Kerlin Simmons. Libby Hodges, Director of Planning and Development, answered questions from Council. There were no citizen comments. The resolution was adopted with a unanimous vote. A copy of the proposed resolution is below: RESOLUTION NO. 2020-40 TO ACCEPT A PETITION FOR ANNEXATION OF:L 1.00 ACRES OF PROPERTY LOCATED AT 1449B HAMMOND POND ROAD AND OWNED BY RANDALL C. SIMMONS AND NICOLE KERLIN SIMMONS 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 10 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 May 20, 2020. WHEREAS, the property sought to be annexed is described as follows: The property granted to Randall C. Simmons, recorded in book 4775,page 2396- 2398, May 2, 2019,being the same property conveyed to Deed from Clinton M. Peters and Lauren L. Peters to Lori J. Rogen dated March 5, 2015 and recorded in Book 4543, page 712. Tax Parcel No. 006-05-05-003 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 October 21, 2020, and prepared by the City of North Augusta. 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 12020. B. Ordinance No. 2020-23 —To Change the Corporate Limits of the City of North Augusta by Annexing ±1.00Acres of Property Located at 1449B Hammond Pond Road and Owned by Randall C. Simmons and Nicole Kerlin Simmons; Ordinance-First Reading On the motion of Councilmember Carpenter, second of Councilmember Presnell, Council agreed to consider on fust reading an ordinance to change the corporate limits of the City of North Augusta by annexing±1.00 acres property located at 1449A Hammond Pond Road and owned by Randall C. Simmons and Nicole Kerlin Simmons. There were no comments. The first reading of the ordinance was approved with a 7-0 vote. A copy of the proposed ordinance is below: ODRDINANCE NO. 2020-23 TO CHANGE THE CORPORATE LIMITS OF THE CITY OF NORTH AUGUSTA BY ANNEXING d: 1.00 ACRES OF LAND LOCATED AT 1449B HAMMOND POND ROAD AND OWNED BY RANDALL C. SIMMONS AND NICOLE KERLIN SIMMONS • tt • 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.202040 dated September 21,2020,accepted a Petition for Annexation and wish to annex the below described properties; and 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 North Augusta 2017 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: X. The following described property shall be annexed into the City of North Augusta: • 'The property granted to Randall C. Simmons, recorded in book 4775, page 2396- 2398, May 2, 2019, being the same property conveyed to Deed from Clinton M. Peters and Lauren L. Peters to Lori J. Rogen dated March 5, 2015 and recorded in Book 4543, page 712. Tax Parcel No. 006-05-05-003 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 October 21, 2019, and prepared by the City of North Augusta. The property to be annexed shall be zoned R-14, Large Lot Single-Family Residential as shown on a map identified as "Exhibit B"titled"Zoning of Property Sought to be Annexed to the City of North Augusta." Said map is dated October 21, 2019 and prepared by the City of North Augusta. XI. All ordinances or parts of Ordinances in conflict herewith are,to the extent of such conflict, hereby repealed. XII. This Ordinance shall become effective immediately upon its adoption on second and final reading. • 12 DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL • OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF 12020. ITEM 11. PLANNING AND DEVELOPMENT: Resolution No. 2020-41 — Authorizine the City of North Augusta to Approve a Change Order to a Professional Engineering Services Contract with AECOM Technical Engineering Services, Inc., to Perform Design Services for the West Martintown Road Corridor Study On the motion of Councilmember Dickert, second of Councilmember Carpenter, Council agreed to consider a resolution to authorize the City of North Augusta to approve a change order to a professional engineering services contract with AECOM Technical Services, Inc., to perform design services for the West Martintown Road Corridor Study. Councilmember Dickert made a motion, seconded by Councilmember Brooks, to amend the resolution by inserting the phase "inclusive of the change order." With an affirmative vote of 7- 0, Council agreed to amend to resolution. The seventh paragraph was amended to read: "BE IT FURTHER RESOLVED that the City Administrator is authorized to execute such documents as necessary to enter into said contracts inclusive of the change order for an amount not to exceed $50,000." • There were no other comments. Council adopted the amended resolution with a unanimous vote of 7-0. A copy of the proposed resolution is below: RESOLUTION NO. 202041 AUTHORIZING THE CITY OF NORTH AUGUSTA TO APPROVE A CHANGE ORDER TO A PROFESSIONAL ENGINEERING SERVICES CONTRACT WITH AECOM TECHNICAL SERVICES. INC.. TO PERFORM DESIGN SERVICES FOR THE WEST MARTINTOWN ROAD CORRIDOR STUDY WHEREAS,the City of North Augusta contracted to retain the services of AECOM to provide services related to the evaluation and design of potential transportation infrastructure needs along W. Martintown Road; and WHEREAS, a contract was executed for Professional Engineering Services per Resolution 2020-06; and WHEREAS, based upon the need to incorporate information provided after the initial study findings were created; and • 13 • WHEREAS, based upon the approval of an increased budget amount from the ARTS MPO to cover the additional study fees proposed on September 3,2020; and WHEREAS, AECOM has presented a change order dated July 27, 2020, labelled "Exhibit C,Change Order Form;"and 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 is authorized to execute a change order to the contract for professional engineering services contract with AECOM to provide additional transportation study services. BE IT FURTHER RESOLVED that the City Administrator is authorized to execute such documents as necessary to enter into said contracts inclusive of the change order for an amount not to exceed $50,000. BE IT FURTHER RESOLVED that 80% of contract cost will be reimbursed by ARTS MPO Planning Funds, with a 20% match for funding for the transportation study services shall be from the Planning & Development Professional Services budget line item. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS _DAY OF , 2020. • ITEM 12. PLANNING AND DEVELOPMENT: Resolution No.2020-42—Accepting a Deed of Dedication for the Water Distribution System, Fire Suppression, Sanitary Sewer, and Associated Easements and Rights of Way, alone with a Maintenance Guarantee and Cash Guarantee for Infrastructure Improvements and Landscaping for Chalet North Phase III On the motion of Mayor Pettit, second of Councilmember Carpenter, Council agree to consider a resolution to accept a Deed of Dedication for the water distribution system, fire suppression, sanitary sewer, and associated easements and rights of way, along with a Maintenance Guarantee and Cash Guarantee for infrastructure improvements and landscaping for Chalet North Phase M. There were no comment. Council adopted the resolution with a unanimous vote of 7-0. A copy of the proposed resolution is below: RESOLUTION NO. 2020-42 ACCEPTING A DEED OF DEDICATION FOR THE WATER DISTRIBUTION SYSTEM FIRE SUPPRESSION SANITARY SEWER,AND ASSOCIATED EASEMENTS AND RIGHTS OF WAY ALONG WITH A MAINTENANCE GUARANTEE AND CASH GUARANTEE FOR INFRASTRUCTURE IMPROVEMENTS AND LANDSCAPING FOR CHALET NORTH PHASE III • 14 • WHEREAS,BLT Homes,LLC. developed Chalet North, Phase 3, 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 Development and the City Engineer approved the final major site plan for Chalet North, Phase 3 on May 31, 2018; and WHEREAS, pursuant to §5.8.4.3 of the North Augusta Development Code, the Planning Department approved the final subdivision plat for Chalet North, Phase 3 on June 13, 2019 and Phase 3B on March 4, 2020; and WHEREAS, it is the policy of the City that, upon approval of a final major site plan, the City will, following inspection by the City's Engineering Department, accept a deed of dedication for the infrastructure improvements,etc. for the purpose of ownership and maintenance when said deed is accompanied by a maintenance guarantee; and WHEREAS, a maintenance guarantee and supporting letter of credit accompany the deed; and WHEREAS, the City Engineer has made final inspection of the subject improvements and these improvements meet City standards. • 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 of Grantor's right, title and interest in the sanitary sewer lines,water lines, fire suppression systems, hydrants and manholes as shown on the an AS-BUILT PLAT for BLT Homes by Southern Partners, dated January 3, 2019 recorded herewith in the Aiken County RMC Office in Plat Book 61 at page 395 together with the necessary right of access to use said easements. For more specific description,reference should be made to the aforesaid plat which is made a part and parcel hereof. This being a portion of the property conveyed to Granter by deed of Roger Lemmons recorded in Deed Book 4342 at page 1009. Tax Parcel# 012-09-02-080 All infrastructure improvements proposed to be deeded to, dedicated to,transferred or otherwise assigned to the City of North Augusta by the developer. Such improvements shall include, where applicable,the following but not be limited to such specified improvements: A. Water distribution system; and B. Sanitary sewerage collection system, including lift stations. • C. Landscaping 15 BE IT FURTHER RESOLVED that a Maintenance Guarantee and Cash deposit in • the amount of$6,649.00 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 2020. ITEM 13, PERMITS: Resolution No. 2020-43 — To Authorize the Issuing of a Permit to Maribeth Weikle and David Weikle for a March to Show Support of Law Enforcement on Georgia Avenue to Calhoun Park on October 24, 2020 On the motion of Councilmember Presnell, second of Councilmember Carpenter, Council agreed to consider a resolution to authorize the issuing of a permit to Maribeth Weikle and David Weikle for a march to show support of Law Enforcement on Georgia Avenue to Calhoun Park on October 24, 2020. Councilmember Presnell questioned the need for Council to approve such requests for permits. Kelly Zier, City Attorney, explained the City of North Augusta Code of Ordinances currently requires this procedure. There were no other comments. Council voted unanimously to adopt the resolution. A copy of the proposed resolution is below: RESOLUTION NO. 202043 • TO AUTHORIZE THE ISSUING OF A PERMIT TO MARIBETH WEIKLE AN DAVID WEIKLE FOR A MARCH TO SHOW SUPPORT OF LAW ENFORCEMENT ON GEORGIA AVENUE TO CALHOUN PARK ON OCTOBER 24, 2020 WHEREAS,Maribeth Weikle and David Weikle applied for a Demonstrations and Parades Permit to have a march to show support of law enforcement—`Back the Blue"; and WHEREAS,the event will begin at the Municipal Center parking lot at 100 Georgia Avenue then proceed to Calhoun Park, 100 W. Forest Avenue; and WHEREAS, the event will begin at 11:00 AM; and WHEREAS,the group desires to walk on Georgia Avenue; and WHEREAS, the Mayor and City Council have reviewed the request and find that the permit applied for is based upon a Constitutionally protected First Amendment Right, and at the time requested is not unreasonably detrimental to the health, safety,welfare or convenience of the residents of the City or other parties; and WHEREAS, such request has been timely made and complies with the Code of Ordinances for the City of North Augusta. • 16 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 request for a permit is approved as follows: 1. Time: Approx. 11:00 AM 2. Date: Saturday, October 24, 2020 3. Location: Municipal Center, 100 Georgia Avenue to Calhoun Park, 100 West Forest Avenue 4. Special Conditions: Public Safety must be involved to safely block/detour traffic. 5. Bond not required DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF , 2020. ITEM 14. ADNUMSTRATIVE REPORTS: There were no Administrative Reports. ITEM 15. CITIZENS COMMENTS/RECOGNITION OF VISITORS: • A. Citizen Comments: There were no Citizen Comments B. Council Comments: • Councilmember McGhee commented the first amphitheater event was successful this weekend. • Mayor Pettit announced a Drug Overdose Public Education event will be sponsored by COMONA Wednesday-Friday from 9:30 am until 2:00 pm. There being no further business, Council adjourned at 7:42 p.m. APPROVED THIS 54] DAY OF Respectfully submitted, c 0 A" Sharon Lamar Robert A. Pettit City Clerk Mayor • 17