city of anderson council agenda august 10, 2020 6:00 pm€¦ · • “public transportation”...

CITY OF ANDERSON COUNCIL AGENDA

August 10, 2020 6:00 PM

INVOCATION: Mayor Pro Tem Rick Laughridge RESPECTS TO FLAG: Council Member Beatrice Thompson Approval of Minutes of July 23, 2020 and July 27, 2020 A. OLD BUSINESS:

1. Request second reading of Ordinance 20-19 to rezone 500 Bleckley Street from RM-10, Multi-Family Residential to NC, Neighborhood Commercial.

2. Request second reading of Ordinance 20-25 to amend the City of Anderson’s Sewer Use

Ordinance.

B. NEW BUSINESS: None C. ADMINISTRATIVE BRIEFING:

1. Project Update

Council Meeting 7/23/2020 1

Called Council Meeting July 23, 2020

A Called meeting of City Council was held this date in City Hall Council Chambers at 1:25 pm, following a special called work session that started at 12 noon. In attendance were Mayor Terence Roberts, Mayor Pro Tem Stewart, Council Members Thompson, Laughridge, Chapman, Newton, John Roberts, and Jeff Roberts. Councilman Harbin was not present. Also, in attendance were Assistant City Manager, Andrew Strickland; Finance Director, Margot Martin; and City Attorney, Frankie McClain. The invocation was given by Mayor Terence Roberts and respects to the flag was given by Councilman Kyle Newton.

REQUEST APPROVAL OF EMERGENCY ORDINANCE 20-24 REQUIRING INDIVIDUALS TO WEAR FACE COVERINGS IN CERTAIN CIRCUMSTANCES, AND MATTERS RELATED THERETO.

Assistant City Manager Andrew Strickland reviewed the details of the face covering ordinance, summarized below. Section 1. Definitions. As used herein, the terms below shall have the following meanings

• “Establishment” means a Foodservice Establishment or Retail Establishment. • “Face Covering” means a uniform piece of cloth, fabric, or other material that securely

covers a person’s nose and mouth and remains affixed in place without the use of one’s hands. Face Coverings include, but are not limited to, bandanas, medical masks, cloth masks, scarves, and gaiters, provided that they are worn such that they securely cover the person’s nose and mouth. Face shields may be used if necessary.

• “Foodservice Establishment” means any establishment within the City that sells prepared food on a dine-in, delivery, carry-out, or drive-through basis.

• “Responsible Person,” with respect to an Establishment, means any individual associated with the Establishment who has the authority and ability to enforce the requirements of the Ordinance within the Establishment, such as an owner, manager, or supervisor. “Responsible Person” may also include an employee or other designee that is present at the Establishment but does not have the title of manager or supervisor, but who has the temporary or designated authority and ability to ensure that the requirements of this Ordinance are met while the Establishment is open to the public.

• “Retail Establishment” means any retail business, organization, establishment, or facility open to the public within the City, including without limitation: 1. grocery stores, convenience stores, and any other establishment engaged in the

retail sale of non-prepared food; 2. commercial stores engaged in the retail sale of goods or services to the public

including without limitation sporting goods stores; furniture and home-furnishings


stores; clothing, shoe, and clothing-accessory stores; jewelry, luggage, and leather goods stores; department stores; hardware and home-improvement stores; book, craft, and music stores; florists and flower stores; and all other stores that sell supplies for household consumption or use;

3. pharmacies and other stores that sell medications or medical supplies; 4. alcoholic beverage stores; and 5. laundromats 6. Salons and Barber Shops.

• “Public Transportation” means buses and other forms of transportation that charge set fees, run on fixed routes and are available to the public.

Section 2. Use of Face Coverings. Effective as of the 24th day of July, 2020 at 12:01 A.M. Section 3. Exemptions. Face Coverings shall not be required:

1. in outdoor or unenclosed areas appurtenant to Retail Establishments or Foodservice Establishments in which social distancing of at least six feet is possible and observed;

2. for people whose religious beliefs prevent them from wearing a Face Covering; 3. for those who cannot wear a Face Covering due to a medical or behavioral condition; 4. for children under 10 years old, provided that adults accompanying children age two

through 10 shall use reasonable efforts to cause those children to wear Face Coverings while inside the enclosed area of any Retail Establishment or Foodservice Establishment

5. for patrons of Foodservice Establishments while they are dining; 6. in private, individual offices; 7. when complying with directions of law enforcement officers; 8. in settings where it is not practical or feasible to wear a Face Covering, including when

obtaining or rendering goods or services such as the receipt of dental services or while swimming;

9. while exclusively with members of a family or the same household, and no person other than such family or household is within the same enclosed area.

Section 4. Individual Violations: Civil Infraction. Any person violating the provisions of this Ordinance by failing to wear a Face Covering when required shall be guilty of a civil infraction, punishable by a penalty of not more than $25.00. Each day of a continuing violation of this Ordinance shall be considered a separate and distinct offense.

Section 5. Responsible Person Violations: Civil Infraction. Any Responsible Person violating the provisions of this Ordinance by failing to require employees of the Establishment to wear a Face Covering when required shall be guilty of a civil infraction, punishable by a penalty of not more than $25.00. Each day of a continuing violation of this Ordinance shall be considered a separate and distinct offense. Section 6. Responsible Person Violations: Public Nuisance. In addition to the penalties established by Section 5 hereof, repeated violations of this Ordinance by a Responsible Person


by failing to require employees of the Establishment to wear a Face Covering are additionally hereby declared to be a public nuisance, which may be abated by the City by restraining order, preliminary and permanent injunction, or other means provided for by the laws of this State. The foregoing notwithstanding, every effort shall be made to bring Establishments into voluntary compliance with the terms of this Ordinance prior to the commencement of any enforcement action. An emergency ordinance can be passed with one reading but it is only in effect for sixty (60) days and requires 2/3 majority vote to pass. A motion by Councilmember Thompson seconded by Councilman Laughridge carried unanimously (8-0) to approve emergency Ordinance 20-24 requiring individuals to wear face coverings.

ADJOURNMENT

A motion by Councilman John Roberts seconded by Councilman Laughridge carried unanimously (8-0) to adjourn at 1:35 P.M. ATTEST: ___________________________ ___________________________ Terence V. Roberts Margot B. Martin Mayor City Clerk Treasurer


Regular Meeting July 27, 2020

The regular meeting of City Council was held this date in City Hall Council Chambers at 6:00 pm. In attendance were Mayor Terence Roberts, Mayor Pro Tem Stewart, Council Members Thompson, Laughridge, Chapman, Harbin, Newton, John Roberts, and Jeff Roberts. Also, in attendance were Finance Director, Margot Martin; City Attorney, Frankie McClain; Planning Director, Maurice McKenzie; and Utilities Director, Jeff Caldwell. The invocation was given by Councilman Chapman and respect to the flag was given by Councilman Jeff Roberts.

SWEARING-IN OF COUNCIL MEMBERS

Donald G. Chapman – Seat 2 Presiding, Amy Chapman

James A. Stewart – Seat 4

Presiding, Attorney Thomas “Field” Whitfield Dunaway, IV

Richard A. Laughridge – Seat 6 Presiding, City Attorney J. Franklin McClain

John M. Roberts – At Large Seat 8

Presiding, Chief Municipal Judge Josh Allen

ELECTION OF MAYOR PRO TEM

Planning Director, Maurice McKenzie said the Anderson City Code specifies that the mayor pro tem shall be elected from the council membership and shall serve a term of one year. The mayor pro tem serves in the absence of the Mayor and as a representative of the City and Council at events, functions, speaking engagements and other such duties and responsibilities otherwise attached to the office of Mayor. As per Sec. 2-220. Mayor pro tempore.

(a) Prior to July 1st of each year, or as soon thereafter as may be practicable, the council shall elect from its membership a mayor pro tempore for a term of one year to run from July 1st to June 30th or until his or her successor is officially named and designated. The council shall elect the member who has served the longest period of time as council person and is willing to serve as mayor pro tempore. The person elected shall not serve consecutive terms. The person elected shall have a minimum of two years service on council. The person elected shall be succeeded by the person next in length of service


who is willing to serve as mayor pro tempore. Should two members of council have equal service, the member with the earliest birth date shall serve first. The council shall have an election each year to name the next eligible member in the rotation. Should circumstances prevent the eligible member from serving, the member may maintain his position of seniority in the rotation for subsequent elections.

Based upon Sec. 2-220, the next Council member in rotation is Rick Laughridge, who is willing to serve as Mayor Pro Tem. A motion by Councilman Chapman seconded by Councilman Harbin carried unanimously (9-0) to approve the election of Councilman Laughridge as Mayor Pro Tem until June 30, 2021.

APPROVAL OF MINUTES A motion by Councilman Chapman seconded by Mayor Pro Tem Laughridge carried unanimously (9-0) to approve the minutes of the July 13, 2020 meeting as presented.

REQUEST SECOND READING OF ORDINANCE 20-18 TO REZONE 304 EAST HIGHLAND AVENUE FROM RM-10, MULTI-FAMILY RESIDENTIAL TO LO, LIMITED OFFICE

Planning Director, Maurice McKenzie said the applicant is seeking to rezone the subject property in order to operate a day spa. LO, Limited Office allows low-intensity commercial uses that are compatible with a neighboring residential environment, and a day spa fits into this zoning classification. The current use of the property is a single-family dwelling. Surrounding zoning along East Highland Avenue includes both RM-10, Multi-Family Residential and LO, Limited Office. The City Council approved this request on first reading at their July 13th meeting. In addition, the Planning Commission recommended approval. If rezoned, all applicable building codes and parking guidelines must be met. A motion by Councilman Stewart seconded by Council Member Thompson carried unanimously (9-0) to approve an Ordinance 20-18 to rezone 304 East Highland Avenue from RM-10, Multi-Family Residential to LO, Limited Office on Second Reading.


REQUEST SECOND READING OF ORDINANCE 20-19 TO REZONE 500 BLECKLEY STREET FROM RM-10, MULTI-FAMILY RESIDENTIAL TO NC, NEIGHBORHOOD COMMERCIAL

The applicant requested to move this second reading of Ordnance 20-19 to the next meeting on August, 10, 2020.

REQUEST SECOND READING OF ORDINANCE 20-20 TO ANNEX AND ZONE 1.78 ACRES GENERALLY LOCATED AT SOUTHWOOD STREET AND CRESCENT DRIVE TO RM-10, MULTI-

FAMILY RESIDENTIAL, AND TO REZEONE AN ABUTTING 3.2 ACRE PARCEL FROM R-5, SINGLE FAMILY RESIDENTIAL TO RM-1O, MULTI-FAMILY RESIDENTIAL

Planning Director, Maurice McKenzie, said the applicant is seeking to rezone property that is currently inside the City and to annex additional property in order to construct a 40-unit townhouse development. RM-10, Multi-Family Residential allows up to 10 units per acre, so this classification permits the number of units that are proposed. This site has multiple street frontages and is in close proximity to properties zoned R-5, Single-Family Residential, RM-10, Multi-Family Residential and NC, Neighborhood Commercial. Although a conceptual plan has been created, final site drawings will be reviewed by staff, once rezoned. The City Council approved this on first reading at their July 13th meeting. In addition, the Planning Commission also recommended approval. A motion by Council Member Thompson seconded by Councilman Stewart carried unanimously (9-0) to approve Ordinance 20-20 to annex and zone 1.78 acres generally located at Southwood Street and Crescent Drive to RM-10, Multi-Family Residential, and to rezone an abutting 3.2 acre parcel from R-5, Single Family to RM-10, Multi-Family Residential on Second Reading.

REQUEST SECOND READING OF ORDINANCE 20-21 TO REZONE 796 AND 798 WILSON STREET FROM R-15, SINGLE FAMILY RESIDENTIAL TO RM-18, MULTI-FAMILY RESIDENITAL

Planning Director, Maurice McKenzie said the applicant, Anderson University, wishes to rezone the single-family dwellings that are in their ownership in order to better utilize them for university-related uses. The requested zoning of RM-18, Multi-Family Residential will allow them more flexibility and is also consistent with the majority of their campus. Currently, the University houses 4 students in each of the dwellings, which is permitted under the City’s single-family zoning guidelines. Their current plans are to increase the number of


students in each dwelling, possibly adding two additional people in one house and 4 more in another house. The applicant is actively working with city staff to develop plans for a parking lot behind the houses in order to accommodate residents. If the total number of new spaces cannot accommodate all the vehicles for the residents, the remaining ones will be parked elsewhere in designated campus parking lots. The University will mandate and enforce no on-street parking. Councilman Jeff Roberts expressed concern about the commitment and timeline of the parking lot to accommodate the residents. Anderson University Facilities Director, Charlie Dickerson confirmed the commitment and suggested 6 to 8 weeks as the timeline. The City Council approved this request on first reading at their July 13th meeting. In addition, the Planning Commission also recommended approval. If rezoned, any building code items due to the increase in occupancy must be met. A motion by Councilman Jeff Roberts member seconded by Councilman John Roberts carried unanimously (9-0) to approve Ordinance 20-21 to rezone 796 and 798 Wilson Street from R-15, Single Family Residential to RM-18, Multi-Family Residential on Second Reading.

REQUEST SECOND READING OF ORDINANCE 20-22 TO REZONE 209-217 WILLIAMSTON ROAD FROM RM-10, MULTI-FAMILY RESIDENITAL TO RM-18, MULTI-FAMILY RESIDENTIAL

Planning Director, Maurice McKenzie said the applicant (Anderson University) wishes to rezone the subject properties that are currently in use as residence halls (Stringer Commons). Although the current zoning of RM-10, Multi-Family Residential allows the existing residence halls, the University wishes to change it to RM-18, Multi-Family Residential in order to develop a more consistent zoning pattern for the campus properties. The City Council approved this request on first reading at their July 13th meeting. In addition, the Planning Commission also recommended approval. A motion by Councilman Harbin seconded by Councilman Stewart carried unanimously (9-0) to approve Ordinance 20-22 to rezone 209-217 Williamston Road to RM-18, Multi-Family Residential on Second Reading.


REQUEST SECOND READING OF ORDINANCE 20-23 TO REZONE APPROXIMATELY 4.27 ACRES AT 328 KINGSLEY ROAD FROM R-15, SINGLE FAMILY RESIDENTIAL TO RM-18, MULTI-FAMILY

RESIDENTIAL Planning Director, Maurice McKenzie said the applicant, Anderson University, is seeking to rezone the 4.27-acre property in order to operate their campus ministries program. A single-family dwelling is located on the site, which will be converted to office/university space to meet their needs. RM-18, Multi-Family Residential zoning is requested because it allows uses associated with colleges and universities and is their predominant zoning classification. The property abuts RM-18 zoned property owned by Anderson University. Other abutting properties are zoned R-15, Single-Family Residential, so any changes to the site must adhere to the City’s landscaping/screening guidelines. The City Council approved this request on first reading at their July 13th meeting. In addition, the Planning Commission recommended approval. If rezoned, all building codes and site-related requirements must be met. A motion by Councilman Chapman seconded by Mayor Pro Tem Laughridge carried unanimously (9-0) to approve Ordinance 20-23 to rezone 328 Kingsley Road from R-15, Single-Family Residential to RM-18, Multi-Family Residential on Second Reading.

REQUEST CONSIDERATION TO AMEND THE CITY OF ANDERSON’S SEWER USE ORDINANCE

Utilities Director, Jeff Caldwell said the Utilities Division requests consideration of an ordinance amending Ordinance 19-02 to comply with comments received as part of our SCDHEC Pretreatment Program Update. Article II of this ordinance pertains to the Sewers and Sewage Disposal. Specifically, this ordinance includes the permissive and prohibited use of Public Sewer, sewer extension policies, fees, requirements for non-domestic wastewater (industrial, commercial, and food service establishments) as well as enforcement and penalties for violations to the ordinance. The Pretreatment Update has received the general approval of SCDHEC. As part of the review of the SUO in our Pretreatment Program update submittal, SCDHEC is requiring a minor change to Section 34-10, paragraph C, regarding Specific Prohibitions as follows:

5. Any liquid wastes in which the concentration of pollutants exceeds those listed in Division 4, Sec. 34-28 except as otherwise specified in an industrial wastewater discharge permit.


As required, a legal notice was publicly advertised for 30 days to make the entire Pretreatment update along with this SUO change available for comment. No comments were received. The approval of this change to the SUO completes the requirements for SCDHECs official approval. A motion by Mayor Pro Tem Laughridge seconded by Councilman Newton carried unanimously (9-0) to amend the City of Anderson’s Sewer Use Ordinance.

REQUEST CONSIDERATION OF AN ENGINEERING CONTRACT FOR THE CONTINUING SEWER ASSESSMENT PROGRAM IMPLEMENTATION

Utilities Director, Jeff Caldwell said in June 2014, the City began to develop several Capacity, Management, Operation and Maintenance (CMOM) programs with the goal to eliminate all discharges of untreated wastewater known as Sanitary Sewer Overflows. One of the programs involves assessing the sewer system using various techniques. The goal of this program is to assess 10% of the system each year. On average, this equates to 27 miles of sewer line and over 600 manholes each year. Plans include CCTV assessment of approximately 17 miles of gravity sewer and 400 manholes. The assessment data is used to prioritize future capital projects under the Infrastructure Rehabilitation Program. The City requested proposals from three engineers-of-record, and we received two proposals. Our wastewater department crews will perform the balance of the required 10% assessment using CCTV, SLRAT, flow monitoring and smoke testing techniques. Moving forward with this project will allow the City to meet the goals of the CMOM programs. The Continuing Sewer Assessment Program is funded in the FY21 Sewer Lines budget. Staff recommends the proposal from Design South Professionals in the amount of $54,610. A motion by Councilman Harbin seconded by Councilman Jeff Roberts carried unanimously (9-0) to approve an engineering contract with Design South Professional in the amount of $54,610 for the Continuing Sewer Assessment Program.


ADJOURNMENT

A motion by Councilman Newton seconded by Councilman John Roberts carried unanimously (9-0) to adjourn at 6:45 p.m. Notice of this meeting was posted on the City of Anderson’s website and the Anderson Independent Mail newspaper was notified of the meeting at least 24 hours in advance of the meeting in accordance with the S.C. Freedom of Information Act. ATTEST: ___________________________ ___________________________ Terence V. Roberts Margot B. Martin Mayor City Clerk Treasurer

Date: August 10, 2020 Agenda Item No: A-1

City of Anderson Council Agenda

Title/Description: Old Business Request: Second reading of Ordinance 20-19 to rezone 500 Bleckley Street from RM-10, Multi-Family Residential to NC, Neighborhood Commercial. ________________________________________________________________________ Executive Summary: Background: The applicant is seeking to rezone the subject property in order to operate a restaurant (carry-out hot dog sales) on the site. When this was first considered by the City Council on July 13th, the plan for the property was a car wash/hand detailing business. This use is no longer being considered. A commercial-style building is on the site but the zoning currently does not allow for commercial uses. Previously, this building was occupied by a non-conforming hair salon. The proposed NC zoning allows for a variety of residential, office and lower intensity retail uses. This zoning is the lowest level of commercial zoning that allows a restaurant. Since the applicant now plans to operate a restaurant, this triggers a number of other requirements that must be addressed:

• DHEC involvement to ensure their guidelines will be met • Discussions with City Building Department and Utilities Department to ensure codes are

met • Obtaining permission from a neighboring property owner to utilize parking

The applicant met with the necessary agencies/departments and is now working to upgrade the building to meet general building codes that will allow a restaurant. The staff talked to the applicant’s General Contractor to confirm their plan of action moving forward. Benefit: N/A Funding: N/A Recommendation: The City Council approved this request on first reading at their July 13th meeting based on the information available at that time. As indicated above, the applicant’s plans changed, but the required zoning remains the same. If rezoned, all building codes and related city requirements must be met for the uses being conducted on the site. ___________________________________________________ _____________ Action Requested: Ordinance 1st Reading Information Only X Ordinance 2nd Reading General Approval Resolution _ _ _Referral

ORDINANCE NO. 20-19 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF ANDERSON TO AMEND THE CITY OF ANDERSON ZONING ORDINANCE BY REZONING 500 BLECKLEY STREET FROM RM-10, MULTI-FAMILY RESIDENTIAL TO NC, NEIGHBORHOOD COMMERCIAL. WHEREAS, the City of Anderson has been petitioned by Torre Donaldson to rezone 500 Bleckley Street from RM-10, Multi-Family Residential to NC, Neighborhood Commercial which is more specifically described as follows: Beginning at a point in the concrete at the intersection of Bleckley Street and Tribble Street and running along Bleckley Street S79 42 39W for a distance of 60.54 feet to a corner; thence turning and running N18 56 14W for a distance of 88.62 feet to a corner; thence turning and running N75 34 46E for a distance of 60.04 feet to a ½ pin; thence turning and running along Tribble Street S18 56 14E for a distance of 93 feet to the point of beginning.

WHEREAS, the City of Anderson Planning Commission reviewed the petition and recommended approval of the request. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF ANDERSON THAT:

1. The Zoning Ordinance of the City of Anderson, dated January 12, 1998, and amendments thereto, be amended by rezoning 500 Bleckley Street from RM-10, Multi-Family Residential to NC, Neighborhood Commercial.

2. All ordinances or parts of ordinances inconsistent or in conflict with the provisions of this ordinance are hereby repealed to the extent of such inconsistency or conflict.

3. This ordinance shall take effect immediately upon its adoption by the City Council of the City of Anderson.

500 Bleckley

B

D

C

TRIBBLE

BLECKLEY

GLENN

BALL

WEST END

B

LI

HI

HI

HI

LI

LI

LI

HI

HI

HI

HI

HI

HI

LI

R-5

R-5

RM-10

R-5

R-5

RM-10

RM-10

R-5

NC

R-5

R-5

NC

RM-10

RM-10

R-5

R-5

R-5

R-5

RM-10

RM-10

R-5

RM-10

R-5

RM-10

R-5RM-10

RM-10RM-10

RM-10

RM-10

RM-10

RM-10

RM-10

R-5

RM-10

RM-10RM-10

RM-10

RM-10RM-10

RM-10

RM-10

RM-10

RM-10

RM-10

RM-10

RM-10RM-10

RM-10RM-10

NC

RM-10

RM-10

RM-10

RM-10

RM-10RM-10

RM-10

RM-10

RM-10

RM-10

RM-10

RM-10

RM-10

R-5

RM-10

RM-10

RM-10

R-5 R-5

R-5

RM-10 RM-10

R-5

RM-10

R-5

R-5 R-5

Date: August 10, 2020 Agenda Item No: A-2

City of Anderson Council Agenda

Title/Description: Old Business Request consideration to approve Ordinance 20-25 amending the City of Anderson’s Sewer Use Ordinance (SUO). ______________________________________________________________________________ Executive Summary: Request: The Utilities Division requests final reading of an ordinance amending Ordinance 19-02 to comply with comments received as part of our SCDHEC Pretreatment Program Update. Background: Article II of this ordinance pertains to the Sewers and Sewage Disposal. Specifically, this ordinance includes the permissive and prohibited use of Public Sewer, sewer extension policies, fees, requirements for non-domestic wastewater (industrial, commercial, and food service establishments) as well as enforcement and penalties for violations to the ordinance.

The Pretreatment Update has received the general approval of SCDHEC. As part of the review of the SUO in our Pretreatment Program update submittal, SCDHEC is requiring a minor change to Section 34-10, paragraph C, regarding Specific Prohibitions as follows:

5. Any liquid wastes in which the concentration of pollutants exceeds those listed in Division 4, Sec. 34-28 except as otherwise specified in an industrial wastewater discharge permit.

As required, a legal notice was publicly advertised for 30 days to make the entire Pretreatment update along with this SUO change available for comment. No comments were received. Benefit: The approval of this change to the SUO completes the requirements for SCDHECs official approval. Funding: N/A Recommendation: Staff recommends second reading of Ordinance 20-25 amending the Sewer Use Ordinance 19-02. _____________________________________________________________________________ Action Requested: Ordinance Second Reading

city of anderson council agenda august 10, 2020 6:00 pm€¦ · • “public transportation”...

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