City Council Agenda
Agenda Of 4-8-2019 Documents:
AGENDA OF 4-8-2019.PDF
Draft - Formal Minutes Of 3-25-2019 Documents:
DRAFT - FORMAL MINUTES OF 3-25-2019.PDF
Item 11a Documents:
ITEM 11A - AGREEMENT - ACQUISITION OF LAND IN THE UNITY PARK AREA.PDF
Item 11b Documents:
ITEM 11B - CITY CODE - AMEND 19-3.2.2(O) RDV DISTRICT.PDF
Item 11c Documents:
ITEM 11C - Z-31-2018 - REZONE 801 GREEN AVENUE.PDF
Item 11d Documents:
ITEM 11D - Z-2-2019 - 2101 AUGUSTA STREET AND 18-20 EAST FARIS ROAD.PDF
Item 11e Documents:
ITEM 11E - AX-1-2019 - ANNEXATION - ROCKY SLOPE ROAD (REVISED).PDF
Item 11f Documents:
ITEM 11F - AGREEMENT - PERRY AVENUE INVESTORS, LLC FOR PUBLIC IMPROVEMENTS.PDF
Item 11g Documents:
ITEM 11G - AGREEMENT - CAP CAMPERDOWN, LLC FOR PUBLIC IMPROVEMENTS.PDF
Item 15a Documents:
ITEM 15A - AX-2-2019 - ANNEXATION - RIDGE STREET.PDF
Item 15b Documents:
ITEM 15B - APPROPRIATION 31,875,185 CAPITAL IMPROVEMENT PROGRAM.PDF
Item 15c Documents:
ITEM 15C - APPROPRIATION - 25,000 STEAM.PDF
Item 15d Documents:
ITEM 15D - APPROPRIATION - 251,000 ADDITIONAL FUNDING COMPREHENSIVE PLAN.PDF
Item 16a Documents:
ITEM 16A - AGREEMENT WITH THIRTEENTH CIRCUIT SOLICITORS OFFICE.PDF
Questions on an agenda item? Contact Camilla Pitman, city clerk, at [email protected]. All media inquiries, please contact Leslie Fletcher, city public information officer, at [email protected] City Council Agenda
Agenda Of 4-8-2019 Documents:
AGENDA OF 4-8-2019.PDF
Draft - Formal Minutes Of 3-25-2019 Documents:
DRAFT - FORMAL MINUTES OF 3-25-2019.PDF
Item 11a Documents:
ITEM 11A - AGREEMENT - ACQUISITION OF LAND IN THE UNITY PARK AREA.PDF
Item 11b Documents:
ITEM 11B - CITY CODE - AMEND 19-3.2.2(O) RDV DISTRICT.PDF
Item 11c Documents:
ITEM 11C - Z-31-2018 - REZONE 801 GREEN AVENUE.PDF
Item 11d Documents:
ITEM 11D - Z-2-2019 - 2101 AUGUSTA STREET AND 18-20 EAST FARIS ROAD.PDF
Item 11e Documents:
ITEM 11E - AX-1-2019 - ANNEXATION - ROCKY SLOPE ROAD (REVISED).PDF
Item 11f Documents:
ITEM 11F - AGREEMENT - PERRY AVENUE INVESTORS, LLC FOR PUBLIC IMPROVEMENTS.PDF
Item 11g Documents:
ITEM 11G - AGREEMENT - CAP CAMPERDOWN, LLC FOR PUBLIC IMPROVEMENTS.PDF
Item 15a Documents:
ITEM 15A - AX-2-2019 - ANNEXATION - RIDGE STREET.PDF
Item 15b Documents:
ITEM 15B - APPROPRIATION 31,875,185 CAPITAL IMPROVEMENT PROGRAM.PDF
Item 15c Documents:
ITEM 15C - APPROPRIATION - 25,000 STEAM.PDF
Item 15d Documents:
ITEM 15D - APPROPRIATION - 251,000 ADDITIONAL FUNDING COMPREHENSIVE PLAN.PDF
Item 16a Documents:
ITEM 16A - AGREEMENT WITH THIRTEENTH CIRCUIT SOLICITORS OFFICE.PDF
Questions on an agenda item? Contact Camilla Pitman, city clerk, at [email protected]. All media inquiries, please contact Leslie Fletcher, city public information officer, at [email protected] AGENDA
FORMAL MEETING OF CITY COUNCIL
CITY HALL, 206 S. MAIN STREET, COUNCIL CHAMBERS Monday, April 8, 2019 - 5:30 p.m.
1. Call to Order Mayor Knox H. White
2. Invocation Councilmember Wil Brasington
3. Pledge of Allegiance
4. Roll Call
5. Approval of the Minutes March 25, 2019
6. Communications/Announcements from the Mayor and Council
7. Citizens Wishing to Address Council
8. Presentation None
9. Public Hearing None
10. APPOINTMENTS – Boards and Commissions None
CONSENT AGENDA There will be no discussion of Consent Agenda items unless a Council member so requests in which event the item in question will be considered separately.
11. UNFINISHED BUSINESS -- (Ordinances – Second and Final Reading)
a. Ordinance to authorize the City Manager to enter into a real estate agreement for the acquisition of land in the Unity Park area (Roll Call)
b. Ordinance to amend Section 19-3.2.2, Establishment of Zoning District and Specific Purposes, of the Code or Ordinances of the City of Greenville, regarding RDV, Redevelopment District (Z-30-2018) (Roll Call)
c. Ordinance to rezone approximately 0.30 acre located at 801 Green Avenue from R-6, Single Family Residential District, to RM-1, Single and Multi-family Residential District (Tax Map Number 0107000401400) (Z-31-2018) (Roll Call)
Formal Agenda April 8, 2019 Page 2
d. Ordinance to approve a major modification to an existing PD by rezoning approximately 0.83 acre located at 2101 Augusta Street and 18 and 20 East Faris Road from C-2, Local Commercial District, and R-6, Single Family Residential District, to PD, Planned Development District and expanding the PD to include those properties (Tax Map Numbers 0204001101900, 0204001102300, and 0204001102400) (Z-2-2019) (Roll Call)
e. Ordinance to annex approximately 0.784 acre of real property located on Rocky Slope Road, and to provide the zoning designation of C-2, Local Commercial District (Tax Map Numbers 0259000100201 and 025900010400) (AX-1-2019) (REVISED) (Roll Call)
f. Ordinance to enter into a Development Agreement with Perry Avenue Investors, LLC to authorize the provision of public improvements and to appropriate $150,000 in the Capital Projects Fund Economic Development Project Account (ED 3531) for such improvements (Roll Call)
g. Ordinance to approve a Development Agreement between Centennial American Properties, LLC and the city of Greenville for the development of a mixed use project bordered by South Main Street, Broad Street, Falls Street and Camperdown Way (Roll Call)
12. NEW BUSINESS -- (Ordinances – First Reading) None
13. NEW BUSINESS -- (Resolutions – First and Final Reading) None
REGULAR AGENDA
14. UNFINISHED BUSINESS -- (Ordinances – Second and Final Reading) None
15. NEW BUSINESS -- (Ordinances – First Reading)
a. Ordinance to annex approximately 0.37 acre of real property and approximately 0.08 acre of right of way located on Ridge Street and to provide the zoning designation of RM-1, Single-family and Multifamily Residential District (Tax Map Number 0106000201000) (AX-2-2019) (Roll Call)
Formal Agenda April 8, 2019 Page 3
b. Ordinance to appropriate $31,875,185 for the Fiscal Year 2019-20 Capital Budget for the Fiscal Year 2019-20 to Fiscal Year 2023-24 Capital Improvement Program (Roll Call)
c. Ordinance to appropriate $25,000 in the Miscellaneous Grant Fund to Engage Youth in Science, Technology, Engineering Arts and Math (STEAM) related activities throughout the City and City Community Centers (Roll Call)
d. Ordinance to appropriate an additional $251,000 in the General Fund and the Capital Projects Fund for the Comprehensive Plan (Roll Call)
16. NEW BUSINESS -- (Resolutions – First and Final Reading
a. Resolution to approve a Memorandum of Understanding between the City of Greenville Police Department and the Thirteenth Circuit Solicitor’s Office to participate in the Greenville County Multi-Jurisdictional Drug Enforcement Unit
17. ADJOURN
MINUTES FORMAL MEETING OF CITY COUNCIL
CITY HALL, 206 S. MAIN STREET, COUNCIL CHAMBERS Monday, March 25, 2019 - 5:30 p.m.
1. CALL TO ORDER Mayor Knox H. White
2. INVOCATION Councilmember Amy Ryberg Doyle
3. PLEDGE OF ALLEGIANCE
4. ROLL CALL The following members of City Council were in attendance: Mayor Knox White, Amy Doyle, Lillian Flemming, Jil Littlejohn, Wil Brasington, Russell Stall, and George Fletcher
Absent: Jil Littlejohn
5. APPROVAL OF THE MINUTES March 11, 2018; Approved as submitted
6. COMMUNICATIONS / ANNOUNCEMENTS FROM THE MAYOR AND COUNCIL None
7. CITIZENS WISHING TO ADDRESS COUNCIL
Clarence Thornton, 114 Douthit Avenue, spoke on everyone having the right to equal representation in the legal system in the Greenville Municipal Court.
8. PRESENTATION None
9. PUBLIC HEARING
10. APPOINTMENTS – Boards and Commissions
a. Greenville Airport Commission Councilmember Brasington recommended reappointment of Mark Clark to fill a full- term ending March 31, 2022. There being no further nominations, Mr. Clark was appointed by unanimous consent.
b. Planning Commission Councilmember Doyle recommended appointment of Shontavia Johnson and reappointment of Meg Terry and Trey Gardner each to a term ending March 31, 2023. There being no further nominations, Ms. Johnson, Ms. Terry, and Mr. Gardner were appointed by unanimous consent.
Formal Meeting of City Council March 25, 2019 Page 2
c. Municipal Election Commission Councilmember Flemming recommended appointment of Camille Chapman to an unexpired term ending December 31, 2019. There being no further nominations, Ms. Chapman was appointed by unanimous consent.
CONSENT AGENDA
There will be no discussion of Consent Agenda items unless a Council member so
requests in which event the item in question will be considered separately.
Councilmember Brasington moved, seconded by Councilmember Stall, to approve second and final reading of agenda items 11a and 11b of the Consent Agenda. The motion carried unanimously.
11. UNFINISHED BUSINESS – (Ordinances – Second and Final Reading)
a. Ordinance to appropriate $410,000 in the Capital Projects Fund for the addition of a ten foot wide multi-use path and street lighting to the Woodruff Road Bypass Project (PW3454)
b. Ordinance to rezone a portion of property located at 28, 68, and 78 Global Drive and 700 Ridge Road from I-1, Industrial District, to S-1, Service District (Tax Map Number M011010100307) (Z-28-2018)
12. NEW BUSINESS – (Ordinance – First Reading) None
13. NEW BUSINESS – (Resolutions – First and Final Reading) None
REGULAR AGENDA
14. UNFINISHED BUSINESS – (Ordinances – Second and Final Reading) None
15. NEW BUSINESS – (Ordinances – First Reading)
a. Ordinance to authorize the City Manager to enter into a real estate agreement for the acquisition of land in the Unity Park area
Councilmember Stall moved, seconded by Councilmember Brasington, to approve first reading.
Interim City Manager Nancy Whitworth stated the agreement involves a swap of properties located on Hudson Street owned by the City and near Unity Park owned Formal Meeting of City Council March 25, 2019 Page 3
by Salvation Army. Ms. Whitworth stated the swap will allow for a connection to the park.
After discussion, the motion carried unanimously.
b. Ordinance to amend Section 19-3.2.2, Establishment of Zoning District and Specific Purposes, of the Code or Ordinances of the City of Greenville, regarding RDV, Redevelopment District (Z-30-2018)
Councilmember Doyle moved, seconded by Councilmember Stall, to approve first reading.
Planning and Development Manager Jay Graham referred to the current RDV language which was intended to stimulate growth and an exception which specifically omitted parking and buffer requirements. Mr. Graham advised while the City’s residential growth is currently solid, there are parking issues occurring, and the amendment will rescind that exception.
Councilmember Flemming stated she thinks RDV zoning should be examined as it relates to Unity Park and the City needs to be careful with how it allows other entities to affect affordable housing efforts. Councilmember Flemming also stated it is time to protect Unity Park and the surrounding communities because there are neighborhoods which have been impacted by high end residential developments.
Mayor White stated RDV was created to help stabilize neighborhoods that are changing, but noted maybe it is not as restrictive as it needs to be.
Councilmember Doyle referred to the parking requirements, especially on the corridors, and stated she would like for the Planning Department to have a little more flexibility because the needs are changing. Councilmember Doyle referred to food trucks as an example where flexibility is needed.
After discussion, the motion carried unanimously.
c. Ordinance to rezone approximately 0.30 acre located at 801 Green Avenue from R- 6, Single Family Residential District, to RM-1, Single and Multi-family Residential District (Tax Map Number 0107000401400) (Z-31-2018)
Councilmember Brasington moved, seconded by Councilmember Flemming, to approve first reading.
Mr. Graham stated the rezoning corrects the initial zoning which occurred when the property was annexed into the City.
After discussion, the motion carried unanimously.
d. Ordinance to approve a major modification to an existing PD by rezoning approximately 0.83 acre located at 2101 Augusta Street and 18 and 20 East Faris Formal Meeting of City Council March 25, 2019 Page 4
Road from C-2, Local Commercial District, and R-6, Single Family Residential District, to PD, Planned Development District, and expanding the PD to include those properties (Tax Map Numbers 0204001101900, 0204001102300, and 0204001102400) (Z-2-2019)
Councilmember Stall moved, seconded by Councilmember Brasington, to approve first reading.
Senior Economic Development Project Manager Tracy Ramseur commented on the proposal for PD zoning and the property being brought into an existing PD that abuts the property.
After discussion, the motion carried unanimously.
e. Ordinance to annex approximately 0.784 acre of real property located on Rocky Slope Road, and to provide the zoning designation of C-2, Local Commercial District (Tax Map Numbers 0259000100201 and 025900010400) (AX-1-2019)
Councilmember Brasington moved, seconded by Councilmember Fletcher to approve first reading. The motion carried unanimously.
f. Ordinance to enter into a Development Agreement with Perry Avenue Investors, LLC to authorize the provision of public improvements and to appropriate $150,000 in the Capital Projects Fund Economic Development Project Account (ED 3531) for such improvements
Councilmember Stall moved, seconded by Councilmember Fletcher, to approve first reading.
Ms. Ramseur advised the Furman Company is planning a $7 million renovation of the former Poe Hardware and Supply Company on Perry Avenue. Ms. Ramseur commented on city staff working with the developer to design the streetscape enhancements including on-street parking, decorative lighting, and wider sidewalks. Ms. Ramseur stated the developer expects the total streetscape costs to be approximately $265,000 and the development agreement establishes the standards for those streetscape improvements as well as the reimbursement of $150,000 of that cost.
Councilmember Flemming stated the redevelopment will help to improve the community without intruding into the neighborhood.
Mayor White asked if the Greenville Technical College Culinary School was still going to occur. Steve Navarro of the Furman Company and Perry Avenue Investors affirmed the Culinary School and stated their space should be ready by the end of the year.
Councilmember Doyle commented on the Comprehensive Plan Advisory Committee members recognizing the number of people who are saving the City’s older buildings Formal Meeting of City Council March 25, 2019 Page 5
and adapting them for new reuse. Mr. Navarro said the company is very excited to have the project and to work with the community on ideas for the project. Mr. Navarro asked for patience from the community for developers who are renovating older buildings as it requires more time than new construction. Mr. Navarro thanked Council for its support of the project.
After discussion, the motion carried unanimously.
g. Ordinance to approve a Development Agreement between Centennial American Properties, LLC and the city of Greenville for the development of a mixed use project bordered by South Main Street, Broad Street, Falls Street and Camperdown Way
Councilmember Brasington moved, seconded by Councilmember Fletcher, to approve first reading. The motion carried unanimously.
Brody Glenn, of Centennial American Properties, LLC, stated he thinks this project is a good example of why it is important for local developers to be involved in projects. Mr. Glenn commented on the schedule of the project as well as occupancy of the leased space.
16. NEW BUSINESS – (Resolution – First and Final Reading)
a. Resolution to approve an extended special assessment period for property located at Perry Avenue and Doe Street (Tax Map Number 0123001700100)
Councilmember Flemming moved, seconded by Councilmember Stall to approve first and final reading. The motion carried unanimously.
b. Resolution to accept the donation of a sculpture entitled “Spindle” commemorating the 15th Anniversary of Artisphere
Councilmember Brasington moved, seconded by Councilmember Doyle, to approve first and final reading. The motion carried unanimously.
c. Resolution to approve a Law Enforcement Assistance, Support, and Jurisdiction Agreement between the City of Greenville Police Department and the City of Myrtle Beach Police Department
Councilmember Flemming moved, seconded by Councilmember Doyle, to approve first and final reading.
Police Chief Ken Miller explained the purpose of the agreement and reminded Council of a prior agreement with Myrtle Beach which had expired.
After discussion, the motion carried unanimously.
Mayor White requested that Council discuss the Prisma Health funding in the next few weeks. Formal Meeting of City Council March 25, 2019 Page 6
17. ADJOURN. There being no further business, the meeting adjourned at 5:54 p.m.
KNOX H. WHITE, MAYOR
CAMILLA G. PITMAN, MMC, Certified PLS CITY CLERK
MEETING NOTICE POSTED AND MEDIA NOTIFIED ON MARCH 22, 2019. DocuSign Envelope ID: 73B16D74-B6D0-42C8-9CF9-EABFF1614CF6
REQUEST FOR COUNCIL ACTION Agenda Item No. City of Greenville, South Carolina
TO: Honorable Mayor and Members of City Council 11a FROM: Nancy P. Whitworth, Interim City Manager
Ordinance/First Reading ✔ Ordinance/Second & Final Reading Resolution/First & Final Reading Information Only
AGENDA DATE REQUESTED: April 8, 2019
ORDINANCE/RESOLUTION CAPTION: TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A REAL ESTATE AGREEMENT FOR THE ACQUISITION OF LAND IN THE UNITY PARK AREA
SUMMARY BACKGROUND: This Ordinance authorizes an exchange of real property between the City and the Salvation Army in furtherance of the Unity Park project.
IMPACT IF DENIED: If denied, the City will not enter into the Real Estate Contract for the acquisition of property for the Unity Park.
FINANCIAL IMPACT Swap of properties plus $70,000 to assist the Salvation Army with its acquisition of an adjacent property.
REQUIRED SIGNATURES
Department Director City Attorney
OMB Director City Manager DocuSign Envelope ID: 73B16D74-B6D0-42C8-9CF9-EABFF1614CF6 Ordinance No. 2019-____
A N O R D I N A N C E
TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A REAL ESTATE AGREEMENT FOR THE ACQUISITION OF LAND IN THE UNITY PARK AREA
WHEREAS, the city of Greenville is developing a new regional park in the area of the former Public Works complex known as Unity Park; and
WHEREAS, the Salvation Army (the “SA”) is the owner of that certain tract or parcel of land situate, lying and being located in the vicinity of Reach Street and Willard Street, containing approximately four acres of land which is shown and identified in the Greenville County Tax Records as a portion of Tax Map Number 0054000400100 (the “SA Land”); and
WHEREAS, the City owns that certain tract or parcel of land situate, lying and being located on Hudson Street, containing approximately 1.3 acres of land which is shown and identified in the Greenville County Tax Records as Tax Map Numbers 00560002000601 and 0056000200602, (the “City Land”); and
WHEREAS, the City and SA desire to enter into a Real Estate Contract in substantially the same form as that attached hereto and incorporated herein by reference as Attachment 1 (the “Contract”) for the purpose of exchanging the SA Property and the City Property (the “Exchange”) further providing that the City agrees to pay the SA the sum of Seventy Thousand and 00/00 Dollars ($70,000) (the “City Contribution”) to be applied towards the SA’s acquisition of land owned by a third party and located adjacent to the City Property; and
WHEREAS, the City finds that a fair and equivalent exchange of consideration is presented by the transaction;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GREENVILLE, SOUTH CAROLINA, the City Manager is authorized to proceed with the acquisition of the property in conformity with the terms and conditions of the Contract in substantially the same form as attached hereto and incorporated herein as Attachment 1. The City Manager is further authorized to execute any additional documents needed to complete the transaction, provided they are in compliance with this Ordinance. The City Manager may make minor adjustments to the attached agreement after consultation with the City Attorney, provided they conform to the purposes of this Ordinance. This Ordinance shall become effective upon passage on the second and final reading.
DONE, RATIFIED AND PASSED THIS THE _____ DAY OF ______, 2019.
______MAYOR
ATTEST:
______CITY CLERK
DocuSign Envelope ID: 73B16D74-B6D0-42C8-9CF9-EABFF1614CF6 Ordinance No. 2019 -_____ Page 2
APPROVED AS TO FORM:
______CITY ATTORNEY
REVIEWED:
______CITY MANAGER
DocuSign Envelope ID: 73B16D74-B6D0-42C8-9CF9-EABFF1614CF6 Ordinance No. 2019 -_____ Page 3
ATTACHMENT 1
DocuSign Envelope ID: 73B16D74-B6D0-42C8-9CF9-EABFF1614CF6 Ordinance No. 2019 -_____ Page 4
DocuSign Envelope ID: 73B16D74-B6D0-42C8-9CF9-EABFF1614CF6 Ordinance No. 2019 -_____ Page 5
DocuSign Envelope ID: 73B16D74-B6D0-42C8-9CF9-EABFF1614CF6 Ordinance No. 2019 -_____ Page 6
DocuSign Envelope ID: 73B16D74-B6D0-42C8-9CF9-EABFF1614CF6 Ordinance No. 2019 -_____ Page 7
DocuSign Envelope ID: 73B16D74-B6D0-42C8-9CF9-EABFF1614CF6 Ordinance No. 2019 -_____ Page 8
DocuSign Envelope ID: 73B16D74-B6D0-42C8-9CF9-EABFF1614CF6 Ordinance No. 2019 -_____ Page 9
DocuSign Envelope ID: 73B16D74-B6D0-42C8-9CF9-EABFF1614CF6 Ordinance No. 2019 -_____ Page 10
DocuSign Envelope ID: 73B16D74-B6D0-42C8-9CF9-EABFF1614CF6 Ordinance No. 2019 -_____ Page 11
DocuSign Envelope ID: 73B16D74-B6D0-42C8-9CF9-EABFF1614CF6 Ordinance No. 2019 -_____ Page 12
DocuSign Envelope ID: 73B16D74-B6D0-42C8-9CF9-EABFF1614CF6 Ordinance No. 2019 -_____ Page 13
DocuSign Envelope ID: 73B16D74-B6D0-42C8-9CF9-EABFF1614CF6 Ordinance No. 2019 -_____ Page 14
DocuSign Envelope ID: 73B16D74-B6D0-42C8-9CF9-EABFF1614CF6 Ordinance No. 2019 -_____ Page 15
DocuSign Envelope ID: 73B16D74-B6D0-42C8-9CF9-EABFF1614CF6 Ordinance No. 2019 -_____ Page 16
DocuSign Envelope ID: 73B16D74-B6D0-42C8-9CF9-EABFF1614CF6 Ordinance No. 2019 -_____ Page 17
DocuSign Envelope ID: 73B16D74-B6D0-42C8-9CF9-EABFF1614CF6 Ordinance No. 2019 -_____ Page 18
DocuSign Envelope ID: 73B16D74-B6D0-42C8-9CF9-EABFF1614CF6 Ordinance No. 2019 -_____ Page 19
DocuSign Envelope ID: 73B16D74-B6D0-42C8-9CF9-EABFF1614CF6 Ordinance No. 2019 -_____ Page 20
DocuSign Envelope ID: 73B16D74-B6D0-42C8-9CF9-EABFF1614CF6 Ordinance No. 2019 -_____ Page 21
DocuSign Envelope ID: 73B16D74-B6D0-42C8-9CF9-EABFF1614CF6 Ordinance No. 2019 -_____ Page 22
DocuSign Envelope ID: 39FA5E7E-F5CA-487C-AAF0-80DDBF0AE96B
REQUEST FOR COUNCIL ACTION Agenda Item No. City of Greenville, South Carolina
TO: Honorable Mayor and Members of City Council 11b FROM: Nancy P. Whitworth, Interim City Manager
Ordinance/First Reading ✔ Ordinance/Second & Final Reading Resolution/First & Final Reading Information Only
AGENDA DATE REQUESTED: April 8, 2019
ORDINANCE/RESOLUTION CAPTION: TO AMEND SECTION 19-3.2.2, ESTABLISHMENT OF ZONING DISTRICTS AND SPECIFIC PURPOSES, OF THE CODE OF ORDINANCES OF THE CITY OF GREENVILLE REGARDING RDV, REDEVELOPMENT DISTRICT (Z-30-2018)
SUMMARY BACKGROUND: This Ordinance amends Section 19-3.2.2, Establishment of zoning districts and specific purposes, subsection (O) RDV: Redevelopment district, by removing subsection (3) Mixed use exemptions. The effect of the amendment is to require any development with a RDV zoning district to comply with the buffering and minimum parking requirements; without the amendment, those developments would be exempt from those requirements.
IMPACT IF DENIED: If denied, Section 19-3.2.2 (O)(3) will not be amended.
FINANCIAL IMPACT N/A
REQUIRED SIGNATURES
Department Director City Attorney
OMB Director City Manager DocuSign Envelope ID: 39FA5E7E-F5CA-487C-AAF0-80DDBF0AE96B Ordinance No. 2019-____
A N O R D I N A N C E
TO AMEND SECTION 19-3.2.2, ESTABLISHMENT OF ZONING DISTRICTS AND SPECIFIC PURPOSES, OF THE CODE OF ORDINANCES OF THE CITY OF GREENVILLE REGARDING RDV, REDEVELOPMENT DISTRICT (Z-30-2018)
WHEREAS, Section 19-3.2.2 (O), RDV: Redevelopment District, (3) Mixed-use exemptions, of the Code of Ordinances of the City of Greenville (“RDV”), currently exempts mixed-use developments where 30 percent or more of the floor area is devoted to residential uses from having to comply with all buffer and minimum parking requirements; and
WHEREAS, this buffer and parking exemption is not afforded to any conventional, non-mixed use development in the RDV District, nor to a commercial, residential, or mixed-use development in any other zoning district; and
WHEREAS, the stated purpose of the RDV District, is to promote appropriate investment and development in areas that are depressed or underdeveloped; to enhance and support adjacent communities by providing housing and job opportunities as well as provide convenient access to necessary goods and services; to improve the quality of life for all who live, work, or shop in the area; to create a gathering place for adjacent neighborhoods and upgrade and improve the physical, social, and economic character of the area and to promote mixed-use development; and
WHEREAS, the buffer and parking exemption does not take into account the scale or intensity of a mixed-use development or the impacts of building mass, service areas, noise, light, or spillover parking on adjacent land uses and residential neighborhoods; and
WHEREAS, a buffer and parking exemption may have at one time been intended as an incentive for new investment in areas zoned RDV District, but the city of Greenville has become increasingly aware of the importance of protecting and limiting the impacts of new development on the City’s established residential neighborhoods through appropriate buffering and the provision of onsite parking; and
WHEREAS, Planning staff prepared an amendment to the Code of Ordinances, Section 19-3.2.2, Establishment of zoning districts and specific purposes, subsection (O) RDV: Redevelopment district, recommending deletion of subsection (3) Mixed-use exemptions; and
WHEREAS, the Planning Commission, pursuant to public notice, held a public hearing on February 28, 2019, to consider this amendment, and the Commission recommended approval; and
WHEREAS, City Council adopts the recommendation of the Planning Commission and further finds the amendment is consistent with the provisions of the Land Management Ordinance and with the goals of the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GREENVILLE, SOUTH CAROLINA, Section 19-3.2.2, Establishment of zoning districts and specific purposes, subsection (O) RDV: Redevelopment District, is amended to delete subsection (3) Mixed use exemptions, from the Code of Ordinances of the City of Greenville as follows:
DocuSign Envelope ID: 39FA5E7E-F5CA-487C-AAF0-80DDBF0AE96B Ordinance No. 2019 -_____ Page 2
19-3.2.2. Establishment of zoning districts and specific purposes. (O) RDV: Redevelopment district. (1) Purpose. The intent of the redevelopment district (RDV) is to promote appropriate investment and development in areas that are depressed or underdeveloped. The new development is intended to enhance and support adjacent communities by providing housing and job opportunities as well as convenient access to necessary goods and services. The new development should improve the quality of life for all who live, work, or shop in the area. The RDV is intended to create a gathering place for adjacent neighborhoods, upgrade and improve the physical, social, and economic character of the area and to promote mixed-use developments. (2) Parking and loading requirements/allowances. On street parking directly adjacent to a proposed development may be counted toward the minimum parking requirements of that development. (3) Mixed-use exemptions. Mixed-use developments in which at least 30 percent of the total gross floor area is devoted to residential uses shall be exempt from all buffer requirements and the minimum parking requirements.
DONE, RATIFIED AND PASSED THIS THE _____ DAY OF ______, 2019.
______MAYOR
ATTEST:
______CITY CLERK
APPROVED AS TO FORM:
______CITY ATTORNEY
REVIEWED:
______CITY MANAGER DocuSign Envelope ID: 7E4E4B04-E8D2-47A0-99C5-7623A6FFAD93
REQUEST FOR COUNCIL ACTION Agenda Item No. City of Greenville, South Carolina
TO: Honorable Mayor and Members of City Council 11c FROM: Nancy P. Whitworth, Interim City Manager
Ordinance/First Reading ✔ Ordinance/Second & Final Reading Resolution/First & Final Reading Information Only
AGENDA DATE REQUESTED: April 8, 2019
ORDINANCE/RESOLUTION CAPTION: TO REZONE APPROXIMATELY 0.30 ACRE LOCATED AT 801 GREEN AVENUE FROM R-6, SINGLE FAMILY RESIDENTIAL DISTRICT, TO RM-1, SINGLE AND MULTI-FAMILY RESIDENTIAL DISTRICT (TAX MAP NUMBER 0107000401400) (Z-31-2018)
SUMMARY BACKGROUND: Raitza Ramos, on behalf of the owner, Alba Lucia Self, applied to the City Planning Commission and City Council to rezone property consisting of approximately 0.30 acre located at 801 Green Avenue (Tax Map Number 0107000401400),from R-6, Single-family residential district, to RM-1, Single-family and multifamily residential district. The City Planning Commission, pursuant to public notice, held a public hearing on February 28, 2019, to consider the proposed rezoning, and the Commission recommended approval of the proposed zoning designation of RM-1, Single-family and multifamily residential district.
IMPACT IF DENIED: If denied, the property will not be rezoned.
FINANCIAL IMPACT None
REQUIRED SIGNATURES
Department Director City Attorney
OMB Director City Manager DocuSign Envelope ID: 7E4E4B04-E8D2-47A0-99C5-7623A6FFAD93 Ordinance No. 2019-___
A N O R D I N A N C E
TO REZONE APPROXIMATELY 0.30 ACRE LOCATED AT 801 GREEN AVENUE FROM R-6, SINGLE FAMILY RESIDENTIAL DISTRICT, TO RM-1, SINGLE- FAMILY AND MULTIFAMILY RESIDENTIAL DISTRICT (TAX MAP NUMBER 0107000401400) (Z-31-2018)
WHEREAS, Raitza Ramos, on behalf of the owner, Alba Lucia Self, applied to the City Planning Commission and City Council to rezone property consisting of approximately 0.30 acre located at 801 Green Avenue (Tax Map Number 0107000401400), from R-6, Single-family residential district, to RM-1, Single-family and multifamily residential district; and
WHEREAS, the City Planning Commission, pursuant to public notice, held a public hearing on February 28, 2019, to consider the proposed rezoning, and the Commission recommended approval of the proposed zoning designation of RM-1, Single-family and multifamily residential district; and
WHEREAS, City Council finds the RM-1, Single-family and multifamily residential district, classification to be compatible with the City’s Comprehensive Development Plan and with the zoning of surrounding properties;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GREENVILLE, SOUTH CAROLINA, the portion of the property currently titled to Alba Lucia Self, located at 801 Green Avenue (Tax Map Number 0107000401400) is rezoned from R-6, Single-family residential district, to RM-1, Single-family and multifamily residential district, as shown on maps prepared by the Planning and Zoning Division attached hereto and incorporated herein as Exhibit A. This Ordinance shall be effective upon second and final reading.
DONE, RATIFIED AND PASSED THIS THE _____ DAY OF ______, 2019.
______MAYOR
ATTEST:
______CITY CLERK
APPROVED AS TO FORM:
______CITY ATTORNEY
REVIEWED:
______CITY MANAGER DocuSign Envelope ID: 7E4E4B04-E8D2-47A0-99C5-7623A6FFAD93 Ordinance No. 2019 -_____ Page 2
EXHIBIT A
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REQUEST FOR COUNCIL ACTION Agenda Item No. City of Greenville, South Carolina
TO: Honorable Mayor and Members of City Council 11d FROM: Nancy P. Whitworth, Interim City Manager
Ordinance/First Reading ✔ Ordinance/Second & Final Reading Resolution/First & Final Reading Information Only
AGENDA DATE REQUESTED: April 8, 2019
ORDINANCE/RESOLUTION CAPTION: TO APPROVE A MAJOR MODIFICATION TO AN EXISTING PD BY REZONING APPROXIMATELY 0.83 ACRE LOCATED AT 2101 AUGUSTA STREET AND 18 AND 20 EAST FARIS ROAD FROM C-2, LOCAL COMMERCIAL DISTRICT, AND R-6, SINGLE-FAMILY RESIDENTIAL DISTRICT, TO PD, PLANNED DEVELOPMENT DISTRICT, AND EXPANDING THE PD TO INCLUDE THOSE PROPERTIES (TAX MAP NUMBERS 0204001101900, 0204001102300, AND 0204001102400) (Z-2-2019)
SUMMARY BACKGROUND: This Ordinance modifies and existing PD commonly known as Augusta and Faris PD located at Augusta Street and East Faris Road in order to include properties comprising the new Augusta Road Fire Station (to be built) as well as the fire station at the corner of Augusta Street and Faris Road. The PD modification also includes the plans for the construction of the new fire station.
IMPACT IF DENIED: If denied, the PD will not be modified. If approved, the PD will be modified.
FINANCIAL IMPACT None
REQUIRED SIGNATURES
Department Director City Attorney
OMB Director City Manager DocuSign Envelope ID: 6DC482FA-A489-4E34-869F-03C0D1D769C8 Ordinance No. 2019-___
A N O R D I N A N C E
TO APPROVE A MAJOR MODIFICATION TO AN EXISTING PD BY REZONING APPROXIMATELY 0.83 ACRE LOCATED AT 2101 AUGUSTA STREET AND 18 AND 20 EAST FARIS ROAD FROM C-2, LOCAL COMMERCIAL DISTRICT, AND R-6, SINGLE-FAMILY RESIDENTIAL DISTRICT, TO PD, PLANNED DEVELOPMENT DISTRICT, AND EXPANDING THE PD TO INCLUDE THOSE PROPERTIES (TAX MAP NUMBERS 0204001101900, 0204001102300, AND 0204001102400) (Z-2-2019)
WHEREAS, on December 12, 2005, City Council passed Ordinance No. 2005-100 rezoning certain parcels of property located on Augusta Street, Cureton Street and East Faris from R-6, Single- family Residential, to PD, Planned Development (Tax Map Numbers 0204001101700, 0204001101701, 0204001102000, and 0204001104400); and
WHEREAS, on August 25, 2014, City Council passed Ordinance No. 2014-75 rezoning property located at 12 and 14 East Faris Road and 2107 Augusta Street (Tax Map Numbers. 0204001102200, 0204001102100, and 0204001101800) from R-6, Single-family Residential District, to PD, Planned Development District, as an expansion of the PD referenced in Ordinance No. 2005-100; and
WHEREAS, Joe Bryant (the “Applicant”) on behalf of the city of Greenville and KOB Enterprises (the “Owners”) applied to the City Planning Commission for approval of a modification of the planned development (‘PD”) known as “Augusta and Faris PD” located at Augusta Street and East Faris Road to (1) rezone 0.24 acre at 2101 Augusta Street (Tax Map Number 0204001101900) from C-2, Local commercial district, to PD, Planned development district; (2) rezone 0.59 acre of property located at 18 and 20 East Faris Road (Tax Map Numbers. 0204001102300 and 0204001102400) from R-6, Single- family residential district, to PD, Planned development district; (3) eliminate a split-zoning situation at 18 East Faris Road which is currently divided between R-6, Single-family residential district, and PD, Planned development district; and (4) modify the existing Augusta and Faris PD to include the aforementioned properties; and
WHEREAS, the City Planning Commission, pursuant to public notice, held a public hearing on February 28, 2019, to consider the proposed modification of the PD and rezoning the Property to PD, Planned development district, and the Commission recommended approval of the proposed modification of the PD contingent upon certain conditions; and
WHEREAS, City Council finds the PD, Planned development district, classification to be compatible with the City’s Comprehensive Development Plan and with the zoning of surrounding properties;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GREENVILLE, SOUTH CAROLINA:
Section 1. The parcels of property located at 2101 Augusta Street and 18 and 20 East Faris Road (Tax Map Nos. 0204001101900, 0204001102300, and 0204001102400) are rezoned from C-2, Local commercial district and R-6, Single-family residential district, to PD, Planned development district and these properties shall be added to the already existing Augusta and Faris PD subject to the conditions recommended by the Planning staff and Planning Commission as more fully reflected in the Planning Staff Report dated February 11, 2018, attached hereto and made a part herein as Exhibit A.
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Section 2. The Augusta and Faris PD is hereby modified to facilitate the relocation of the Augusta Road Fire Station as presented in the revised PD documents, which are incorporated into this Ordinance as Exhibit B, with the added condition that the proposed development and PD modification shall not limit or prevent access to any existing recorded access easement.
Section3. The attached Map shown as Exhibit C, prepared by the City of Greenville Planning Staff, is incorporated by reference for purposes of identifying the location of the property.
Section 4. This Ordinance shall be effective upon second and final reading.
DONE, RATIFIED AND PASSED THIS THE _____ DAY OF ______, 2019.
______MAYOR
ATTEST:
______CITY CLERK
APPROVED AS TO FORM:
______CITY ATTORNEY
REVIEWED:
______CITY MANAGER DocuSign Envelope ID: 6DC482FA-A489-4E34-869F-03C0D1D769C8 Ordinance No. 2019 -_____ Page 3
EXHIBIT A
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Exhibit B
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EXHIBIT C
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REQUEST FOR COUNCIL ACTION Agenda Item No. City of Greenville, South Carolina
TO: Honorable Mayor and Members of City Council 11e FROM: Nancy P. Whitworth, Interim City Manager
Ordinance/First Reading ✔ Ordinance/Second & Final Reading Resolution/First & Final Reading Information Only
AGENDA DATE REQUESTED: April 8, 2019
ORDINANCE/RESOLUTION CAPTION: TO ANNEX APPROXIMATELY 0.784 ACRE OF REAL PROPERTY LOCATED ON ROCKY SLOPE ROAD, AND TO PROVIDE THE ZONING DESIGNATION OF C-2, LOCAL COMMERCIAL DISTRICT (TAX MAP NUMBERS 0259000100201 and 0259000104000) (AX-1-2019) (REVISED)
SUMMARY BACKGROUND: MG Properties Greenville, LLC, owner of the subject property, applied for annexation of approximately 0.784 acre of real property located on Rocky Slope Road (Tax Map Numbers 0259000100201 and 0259000104000) (the “Property”) and for rezoning of the Property from County zoning designation S-1, Service district, to City zoning designation C-2, Local Commercial District. The City Planning Commission, pursuant to public notice, held a public hearing on February 28, 2019, to consider the proposed annexation and rezoning, and recommended approval.
REVISION: After the Ordinance's first reading, Exhibit A and Exhibit B were revised to update the legal descriptions and the final plat.
IMPACT IF DENIED: If denied, the Property will not be annexed and rezoned.
FINANCIAL IMPACT The Property annexed by this Ordinance shall be subject to intergovernmental agreements with Wade Hampton Fire and Sewer District and Greater Metropolitan Sewer District and governed by their terms.
REQUIRED SIGNATURES
Department Director City Attorney
OMB Director City Manager DocuSign Envelope ID: 991DA28C-3724-4A07-8537-689279DD0A31
REVISED 4/8/2019 Ordinance No. 2019 _____
A N O R D I N A N C E
TO ANNEX APPROXIMATELY 0.784 ACRE OF REAL PROPERTY LOCATED ON ROCKY SLOPE ROAD, AND TO PROVIDE THE ZONING DESIGNATION OF C-2, LOCAL COMMERCIAL DISTRICT (TAX MAP NUMBERS 0259000100201 and 0259000104000) (AX-1-2019)
WHEREAS, MG Properties Greenville, LLC, owner of the subject property, applied for annexation of approximately 0.784 acre of real property located on Rocky Slope Road (Tax Map Numbers 0259000100201 and 0259000104000) (the “Property”) and for rezoning of the Property from County zoning designation S-1, Service district, to City zoning designation C-2, Local commercial district; and
WHEREAS, the City Planning Commission, pursuant to public notice, held a public hearing on February 21, 2019, to consider the proposed annexation and rezoning, and recommended approval; and
WHEREAS, City Council has reviewed the covenant of annexation as well as the recommendations of the Planning Commission and has found the proposed zoning change of C-2, Local commercial district, to be compatible with the City’s Comprehensive Development Plan; and
WHEREAS, City Council has determined that annexation of the Property would promote the City’s policy of planned growth and development;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GREENVILLE, SOUTH CAROLINA, there is annexed into the corporate limits of the city of Greenville real property owned by MG Properties Greenville, LLC, consisting of approximately 0.784 acre located on Rocky Slope Road (Tax Map Numbers 0259000100201 and 0259000104000). The Property is identified more particularly on the attached Exhibit A and B providing the legal description of the Property and annexation plat, respectively. The Property is provided the zoning designation of C-2, Local commercial district. The Property will be included in City Council District 4.
Upon annexation, the Property shall become subject to the City’s jurisdiction for the rendition of all municipal services, and all official maps regarding flood and storm water control shall be amended to include the property in such manner as the City Engineer determines to be in compliance with the criteria set forth in applicable storm water and flood management regulations of the City, as from time to time amended.
The Property annexed by this Ordinance shall be subject to intergovernmental agreements with Wade Hampton Fire and Sewer District and Metropolitan Sewer District and governed by their terms.
DONE, RATIFIED AND PASSED THIS THE _____ DAY OF ______, 2019.
______MAYOR ATTEST:
______CITY CLERK
DocuSign Envelope ID: 991DA28C-3724-4A07-8537-689279DD0A31
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APPROVED AS TO FORM:
______CITY ATTORNEY
REVIEWED:
______CITY MANAGER
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EXHIBIT A
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EXHIBIT B
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REQUEST FOR COUNCIL ACTION Agenda Item No. City of Greenville, South Carolina
TO: Honorable Mayor and Members of City Council 11f FROM: Nancy P. Whitworth, Interim City Manager
Ordinance/First Reading ✔ Ordinance/Second & Final Reading Resolution/First & Final Reading Information Only
AGENDA DATE REQUESTED: April 8, 2019
ORDINANCE/RESOLUTION CAPTION: TO ENTER INTO A DEVELOPMENT AGREEMENT WITH PERRY AVENUE INVESTORS, LLC TO AUTHORIZE THE PROVISION OF PUBLIC IMPROVEMENTS AND TO APPROPRIATE $150,000 IN THE CAPITAL PROJECTS FUND ECONOMIC DEVELOPMENT PROJECT ACCOUNT (ED3531) FOR SUCH IMPROVEMENTS
SUMMARY BACKGROUND: Perry Avenue Investors, LLC intends to undertake a significant rehabilitation of a historic property for a mixed-use commercial development known as Poe West on Perry Avenue (the “Project”) on approximately 5.59 acres of real property located at 556 Perry Avenue in the Village of West Greenville (the "Property"). The Project will consist of the renovation of approximately 63,000 square feet of mixed-use commercial space for office, institutional/educational, retail, restaurant and/or brewery uses, as well as site, infrastructure and public streetscape improvements. The Project represents a $7,000,000 investment in the Property, and will have a significant positive economic and community impact in the surrounding area. The Greenville Technical College Center for Culinary and Hospitality Innovation will be occupying space in the Project which will further positively impact the neighborhood and surrounding areas by providing education and job training opportunities.
Perry Avenue Investors, LLC and the city of Greenville desire to cooperate in the construction of certain public streetscape improvements, including decorative lighting and public on-street parking spaces along Perry Avenue, on and adjacent to the Property. A Development Agreement is necessary to establish the procedures under which those public streetscape improvements will be designed, approved and constructed, and under which the City will reimburse the Perry Avenue Investors, LLC for approved expenditures associated with those public streetscape improvements. Pursuant to the terms of the Development Agreement, the City will reimburse Perry Avenue Investors, LLC for approved expenditures associated with the public streetscape improvements.
This project supports the City's efforts to revitalize commercial corridors and provides an opportunity to leverage funds for public improvements adjacent to a private redevelopment.
IMPACT IF DENIED: If denied, the City will not enter into a Development Agreement with Perry Avenue Investors, LLC for the construction of public streetscape improvements on Perry Avenue.
FINANCIAL IMPACT If approved, $150,000 will be appropriated in the Capital Project Fund Economic Development Project Account (ED 3531) for the provision of public streetscape improvements on Perry Avenue.
REQUIRED SIGNATURES
Department Director City Attorney
OMB Director City Manager DocuSign Envelope ID: E0C0892E-44F8-4035-A167-E7A263F4AE59 Ordinance No. 2019-____
A N O R D I N A N C E
TO ENTER INTO A DEVELOPMENT AGREEMENT WITH PERRY AVENUE INVESTORS, LLC TO AUTHORIZE THE PROVISION OF PUBLIC IMPROVEMENTS AND TO APPROPRIATE $150,000 IN THE CAPITAL PROJECTS FUND ECONOMIC DEVELOPMENT PROJECT ACCOUNT (ED3531) FOR SUCH IMPROVEMENTS
WHEREAS, Perry Avenue Investors, LLC (the “Owner”) intends to undertake a significant and comprehensive rehabilitation of a property for a mixed-use commercial development known as Poe West on Perry Avenue (the “Project”) on approximately 5.59 acres of real property owned by the Owner or Owner’s affiliate and further identified as Tax Map Number 0123001700100 (the “Property”); and
WHEREAS, the Project will consist of the renovation of approximately 63,000 square feet of mixed-use commercial space for office, institutional/educational, retail, restaurant and/or brewery uses, as well as, site, infrastructure and public streetscape improvements; and
WHEREAS, the Project will make a significant positive economic and community impact in the surrounding area; and
WHEREAS, the Owner and the city of Greenville desire to cooperate in the construction of certain public streetscape improvements, including public on-street parking spaces, on and adjacent to the Property, to establish the procedures under which those public streetscape improvements will be designed, approved and constructed, and under which the City will reimburse the Owner for certain approved expenditures associated with those public streetscape improvements; and
WHEREAS, the City is committed to the revitalization of the commercial districts and supports opportunities to leverage funds for public improvements adjacent to private redevelopments; and
WHEREAS, the Project is located in a key commercial district within the City, the Project will enhance the immediate vicinity, increase the tax base, and is anticipated to act as a catalyst for high quality development within the surrounding area – all to the benefit of the City and its citizens; and
WHEREAS, the City desires to participate in the Project and, therefore, approve a Development Agreement with Perry Avenue Investors, LLC in substantially the same form as that which is attached hereto and incorporated herein as Attachment A (the “Agreement”).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GREENVILLE, SOUTH CAROLINA:
Section 1. City Council hereby approves the Agreement and authorizes the City Manager to execute same. Minor changes and modifications to the Agreement are authorized as may be necessary or appropriate to allow for a final version mutually acceptable to the parties; said minor changes and modifications shall be approved by the City Manager and the City Attorney. Should the City Manager or City Attorney, or both, determine that any modification of previously negotiated terms is significant and warrants further action by Council, then the matter shall be presented to Council for further review and further action before the final execution, if Council so chooses.
Section 2. City Council appropriates $150,000.00 in the Capital Projects Fund Economic Development Project Account (ED3531) for public streetscape improvements as reflected in the attached Budget Amendment (Attachment B) incorporated herein and pursuant to the terms of the Agreement.
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Section 3. This Ordinance shall become effective upon passage on the second and final reading.
DONE, RATIFIED AND PASSED THIS THE _____ DAY OF ______, 2019.
______MAYOR ATTEST:
______CITY CLERK
APPROVED AS TO FORM:
______CITY ATTORNEY
REVIEWED:
______CITY MANAGER DocuSign Envelope ID: E0C0892E-44F8-4035-A167-E7A263F4AE59 Ordinance No. 2019 -_____ Page 3
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REQUEST FOR COUNCIL ACTION Agenda Item No. City of Greenville, South Carolina
TO: Honorable Mayor and Members of City Council 11g FROM: Nancy P. Whitworth, Interim City Manager
Ordinance/First Reading ✔ Ordinance/Second & Final Reading Resolution/First & Final Reading Information Only
AGENDA DATE REQUESTED: April 8, 2019
ORDINANCE/RESOLUTION CAPTION: TO APPROVE A DEVELOPMENT AGREEMENT BETWEEN CENTENNIAL AMERICAN PROPERTIES, LLC AND THE CITY OF GREENVILLE FOR THE DEVELOPMENT OF A MIXED USE PROJECT BORDERED BY SOUTH MAIN STREET, BROAD STREET, FALLS STREET, AND CAMPERDOWN WAY
SUMMARY BACKGROUND: Camperdown will be a significant mixed-use project for downtown Greenville. To help facilitate the project, the city of Greenville will partner with the development team to implement public improvements on a reimbursement formula and procedure, defined in the development agreement. Camperdown will design and build the public improvements on behalf of the City. Camperdown will maintain ownership of the plaza that will be in the center of the project. Maintenance obligations are defined in the agreement as well.
The project will contain a new hotel, apartments, condos, office spaces, retail, parking garage, and public spaces.
IMPACT IF DENIED: If denied, the Camperdown Project will not receive support from the City for public improvements, which would impact this project.
FINANCIAL IMPACT Reimbursement for cost of Public Improvements, payable soley from incremental tax revenue over a period of 25 years in an amount not to exceed $20,000,000.
REQUIRED SIGNATURES
Department Director City Attorney
OMB Director City Manager DocuSign Envelope ID: 7EDE2547-2A5E-4D23-8FE4-873BE77E2896
Ordinance No. 2019-____
A N O R D I N A N C E
TO APPROVE A DEVELOPMENT AGREEMENT BETWEEN CENTENNIAL AMERICAN PROPERTIES, LLC AND THE CITY OF GREENVILLE FOR THE DEVELOPMENT OF A MIXED USE PROJECT BORDERED BY SOUTH MAIN STREET, BROAD STREET, FALLS STREET AND CAMPERDOWN WAY
WHEREAS, Centennial American Properties, LLC (“CAP”) is developing a major mixed use project in Downtown Greenville commonly referred to as the Camperdown project which is bordered by South Main Street Street, Broad Street, Falls Street and Camperdown Way (the “Project”); and
WHEREAS, the Project is of a very large scale, anticipated to consist of a major mixed use development comprising Class A office space, a hotel, multi-family housing, retail and restaurant space where the total investment is expected to be over $200,000,000; and
WHEREAS, portions of the Project are currently underway with final completion expected in or around summer 2020; and
WHEREAS, the Project is expected to play a vital role in the continued redevelopment of Downtown Greenville along South Main Street and in furthering major redevelopment off South Main Street toward the East; and
WHEREAS, the anticipated commercial and residential development will enhance the City’s tax base in the form of real property taxes, business licenses, accommodations taxes and hospitality taxes; and
WHEREAS, it is further anticipated the Project will bring additional residents, commercial activity and travelers to the City and its Downtown—all inuring to the benefit of the City, its citizens and its businesses; and
WHEREAS. the City recognizes there is precedent for public participation in a project of this magnitude, as evidenced by its deployment of the CBD Tax Increment Financing District (“TIF”) where TIF funds have traditionally been used for public improvements in a strategic manner to facilitate projects like this one; and
WHEREAS, the City and CAP desire to enter into a Development Agreement for the construction of public improvements associated with the Project, as more fully set forth in Attachment A, attached hereto and made part hereof (the “Development Agreement”);
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GREENVILLE, SOUTH CAROLINA, the Development Agreement is approved in substantially the same form as set forth in Attachment 1. The City Manager, in consultation with the City Attorney, may make or accept minor modifications to the wording and designations of the attached documents as may be necessary or appropriate, provided there is no compromise of the substantive purposes of this Council action. Should the City Manager or City Attorney, or both, determine that any modification of previously negotiated terms is significant and warrants further action by Council, then the matter shall be presented to Council for further review before the final execution.
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DONE, RATIFIED AND PASSED THIS THE _____ DAY OF ______, 2019.
______MAYOR ATTEST:
______CITY CLERK
APPROVED AS TO FORM:
______CITY ATTORNEY
REVIEWED:
______CITY MANAGER DocuSign Envelope ID: 7EDE2547-2A5E-4D23-8FE4-873BE77E2896
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ATTACHMENT 1
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REQUEST FOR COUNCIL ACTION Agenda Item No. City of Greenville, South Carolina
TO: Honorable Mayor and Members of City Council 15a FROM: Nancy P. Whitworth, Interim City Manager
✔ Ordinance/First Reading Ordinance/Second & Final Reading Resolution/First & Final Reading Information Only
AGENDA DATE REQUESTED: April 8, 2019
ORDINANCE/RESOLUTION CAPTION: TO ANNEX APPROXIMATELY 0.37 ACRE OF REAL PROPERTY AND APPROXIMATELY 0.08 ACRE OF RIGHT OF WAY LOCATED ON RIDGE STREET, AND TO PROVIDE THE ZONING DESIGNATION OF RM-1, SINGLE-FAMILY AND MULTI-FAMILY RESIDENTIAL DISTRICT (TAX MAP NUMBER 0106000201000) (AX-2-2019)
SUMMARY BACKGROUND: Carolina Asset Management Group, LLC, owner of the subject property, applied for annexation of approximately 0.37 acre of real property and approximately 0.08 acre of right-of-way (0.45 total acreage) located on Ridge Street (Tax Map Number 0106000201000) (the “Property”) and for rezoning of the property from County zoning designation R-7.5, Single-family residential district, to City zoning designation RM-1, Single-family and multifamily residential district. The City Planning Commission, pursuant to public notice, held a public hearing on February 28, 2019, to consider the proposed annexation and rezoning, and recommended approval.
IMPACT IF DENIED: If denied, the Property will not be annexed and rezoned.
FINANCIAL IMPACT The Property annexed by this Ordinance shall be subject to intergovernmental agreements with Parker Sewer and Fire Subdistrict and Greater Greenville Sanitation District and governed by their terms.
REQUIRED SIGNATURES
Department Director City Attorney
OMB Director City Manager DocuSign Envelope ID: E72EDE47-8CEF-42D5-B6B5-A3B742BE6953 Ordinance No. 2019 _____
A N O R D I N A N C E
TO ANNEX APPROXIMATELY 0.37 ACRE OF REAL PROPERTY AND APPROXIMATELY 0.08 ACRE OF RIGHT OF WAY LOCATED ON RIDGE STREET, AND TO PROVIDE THE ZONING DESIGNATION OF RM-1, SINGLE-FAMILY AND MULTI-FAMILY RESIDENTIAL DISTRICT (TAX MAP NUMBER 0106000201000) (AX-2-2019)
WHEREAS, Carolina Asset Management Group, LLC, owner of the subject property, applied for annexation of approximately 0.37 acre of real property and approximately 0.08 acre of right-of-way (0.45 total acreage) located on Ridge Street (Tax Map Number 0106000201000) (the “Property”) and for rezoning of the Property from County zoning designation R-7.5, Single-family residential district, to City zoning designation RM-1, Single-family and multifamily residential district; and
WHEREAS, the City Planning Commission, pursuant to public notice, held a public hearing on February 28, 2019, to consider the proposed annexation and rezoning, and recommended approval; and
WHEREAS, City Council has reviewed the covenant of annexation as well as the recommendations of the Planning Commission and has found the proposed zoning change RM-1, Single-family and multifamily residential district, to be compatible with the City’s Comprehensive Development Plan; and
WHEREAS, City Council has determined that annexation of the Property would promote the City’s policy of planned growth and development;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GREENVILLE, SOUTH CAROLINA, there is annexed into the corporate limits of the city of Greenville real property owned by Carolina Asset Management Group, LLC, consisting of approximately 0.37 acre of real property and approximately 0.08 acre of right-of-way (0.45 total acreage) located on Ridge Street (Tax Map No. 0106000201000). The Property is identified more particularly on the attached Exhibits A and B providing the property description and the annexation plat. The Property is provided the zoning designation of RM-1, Single-family and multifamily residential district. The Property will be included in City Council District 2.
Upon annexation, the Property shall become subject to the City’s jurisdiction for the rendition of all municipal services, and all official maps regarding flood and storm water control shall be amended to include the property in such manner as the City Engineer determines to be in compliance with the criteria set forth in applicable storm water and flood management regulations of the City, as from time to time amended.
The Property annexed by this Ordinance shall be subject to intergovernmental agreements with Parker Sewer and Fire Subdistrict and Greater Greenville Sanitation District and governed by their terms.
DONE, RATIFIED AND PASSED THIS THE _____ DAY OF ______, 2019.
______MAYOR ATTEST:
______CITY CLERK DocuSign Envelope ID: E72EDE47-8CEF-42D5-B6B5-A3B742BE6953 Ordinance No. 2019 -_____ Page 2
APPROVED AS TO FORM:
______CITY ATTORNEY
REVIEWED:
______CITY MANAGER
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EXHIBIT A
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EXHIBIT B
DocuSign Envelope ID: 9781E1DE-E861-42F0-A0B8-5AC65917EFB6
REQUEST FOR COUNCIL ACTION Agenda Item No. City of Greenville, South Carolina
TO: Honorable Mayor and Members of City Council 15b FROM: Nancy P. Whitworth, Interim City Manager
✔ Ordinance/First Reading Ordinance/Second & Final Reading Resolution/First & Final Reading Information Only
AGENDA DATE REQUESTED: April 8, 2019
ORDINANCE/RESOLUTION CAPTION: TO APPROPRIATE $31,875,185 FOR THE FISCAL YEAR 2019-20 CAPITAL BUDGET FOR THE FISCAL YEAR 2019-20 TO FISCAL YEAR 2023-24 CAPITAL IMPROVEMENT PROGRAM
SUMMARY BACKGROUND: The Capital Budget is the first year of the Capital Improvement Program (CIP) and is the only year for which the City Council is appropriating funding, including the authorization for any debt issues. Currently, two debt issuances are contemplated in the Capital Budget - the Sewer Revenue Bond, Series 2020 which will finance approximately $2.3 million of the $2.8 million in wastewater system improvements and the Stormwater Revenue Bond, Series 2020 which will finance approximately $3.0 million of the $5.0 million in Unity Park stormwater improvements. The City Council held work sessions on March 4, 2019, and March 25, 2019. The second reading of this Ordinance will be held concurrently with the second reading and adoption of the FY 2019-20 annual operating budget which is currently calendared for June 10. Any changes made to the CIP during the annual operating budget review process will be reflected in the CIP at second reading.
There are a few differences between the FY2020 CIP budget ordinance and the presentations made to Council at their March 4 and March 25 work sessions. An additional $100K was added to City Hall Upgrades to provide funding for critical security, access control and office/Council chambers improvements to the facility along with $20K for E911 communication furniture associated with the new dispatch consoles. The latter change was brought to Council's attention at the March 25 CIP presentation.
IMPACT IF DENIED: If denied, the funding for CIP projects will not be appropriated, which will delay any new projects or continuation of existing projects. If approved, funding will be appropriated as specified for CIP projects.
FINANCIAL IMPACT The appropriation Ordinance authorizes the funding of the Capital Budget, including any debt issues.
REQUIRED SIGNATURES
Department Director City Attorney
OMB Director City Manager DocuSign Envelope ID: 9781E1DE-E861-42F0-A0B8-5AC65917EFB6 Ordinance No. 2019-____
AN ORDINANCE
TO APPROPRIATE $31,875,185 FOR THE FISCAL YEAR 2019-20 CAPITAL BUDGET FOR THE FISCAL YEAR 2019-20 TO FISCAL YEAR 2023-24 CAPITAL IMPROVEMENT PROGRAM
WHEREAS, City Council met in work session on the Capital Improvement Program on March 4th and March 25th and gave direction to staff on the projects included therein;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GREENVILLE, SOUTH CAROLINA:
Section 1. There is hereby appropriated the sum of $31,875,185 for the Fiscal Year 2019-20 Capital Budget for the Fiscal Year 2019-20 to Fiscal Year 2023-24 Capital Improvement Program. Said appropriation, and corresponding revenue sources, shall be allocated to various projects in accordance with schedules in Attachments A and B attached hereto and incorporated as part of this ordinance.
Section 2. A copy of the Capital Improvement Program supporting the appropriations set forth in this ordinance shall be attested to by the City Clerk and maintained as an official record in the offices of the City Manager, the Director of Management and Budget, and the City Clerk.
Section 3. The City Manager shall have the authority to initiate bond and other debt issuances as proposed in the attached schedules. This ordinance shall constitute the City Council’s intent to issue such debt.
Section 4. The City Manager shall have the authority to transfer appropriated funds within the designated expenditure categories as long as the administering agencies are the same for both projects and the projects fall under the same functional categories. Transfers across functional categories, or that materially change the scope of either project will require City Council approval through a resolution.
Section 5. Upon second reading, this Ordinance shall become effective July 1, 2019.
DONE, RATIFIED AND PASSED THIS THE ___ DAY OF ______, 2019.
______MAYOR
ATTEST:
______CITY CLERK
APPROVED AS TO FORM:
______CITY ATTORNEY
REVIEWED:
______CITY MANAGER DocuSign Envelope ID: 9781E1DE-E861-42F0-A0B8-5AC65917EFB6 Ordinance No. 2019 -_____ Page 2
ATTACHMENT A
PROPOSED ********** PLANNING YEARS ONLY ********** FUNDING Funding Source/Project FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 FY20-24
ROADS AND BRIDGES Bridge Maintenance (NEW) General Fund Transfer 200,000 0 0 0 0 200,000 Totals 200,000 0 0 0 0 200,000
Intersection Safety Improvements (PW3452) General Fund Transfer 400,000 400,000 400,000 400,000 400,000 2,000,000 Totals 400,000 400,000 400,000 400,000 400,000 2,000,000
Main Street Bridge Repairs (NEW) Downtown Infrastructure Fund 750,000 0 0 0 0 750,000 Totals 750,000 0 0 0 0 750,000
McDaniel/Cleveland Park Area Improvements General Fund Transfer 100,000 0 0 0 0 100,000 Totals 100,000 0 0 0 0 100,000
NSTEP (New Sidewalk Targeted Expansion Program) General Fund Transfer 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 5,000,000 Totals 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 5,000,000 Salters Rd Extension Engineering (NEW) General Fund Transfer 100,000 0 0 0 0 100,000 Totals 100,000 0 0 0 0 100,000 Sidewalk ADA Improvements General Fund Transfer 200,000 200,000 200,000 200,000 200,000 1,000,000 Totals 200,000 200,000 200,000 200,000 200,000 1,000,000
Street Resurfacing General Fund Transfer 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 5,000,000 Totals 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 5,000,000
TOTAL ROADS AND BRIDGES 3,750,000 2,600,000 2,600,000 2,600,000 2,600,000 14,150,000
STREETSCAPES Cultural Corridor Urban Trail Downtown Infrastructure Fund 500,000 3,500,000 0 0 0 4,000,000 Totals 500,000 3,500,000 0 0 0 4,000,000
Main Street Lighting Replacement (NEW) Hospitality Tax Fund 200,000 0 0 0 0 200,000 Totals 200,000 0 0 0 0 200,000
Street Lighting Maint/Upgrades (NEW) General Fund Transfer 100,000 100,000 100,000 100,000 100,000 500,000 Totals 100,000 100,000 100,000 100,000 100,000 500,000
Village of West Greenville Improvements (ED3474) General Fund Transfer 100,000 100,000 100,000 100,000 100,000 500,000 Totals 100,000 100,000 100,000 100,000 100,000 500,000
TOTAL STREETSCAPES 900,000 3,700,000 200,000 200,000 200,000 5,200,000
DocuSign Envelope ID: 9781E1DE-E861-42F0-A0B8-5AC65917EFB6 Ordinance No. 2019 -_____ Page 3
PROPOSED ********** PLANNING YEARS ONLY ********** FUNDING Funding Source/Project FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 FY20-24
GENERAL GOVERNMENT Affordable Housing Plan (NEW) General Fund Transfer 500,000 0 500,000 0 500,000 1,500,000 General Obligation Bond 0 2,000,000 0 2,000,000 0 4,000,000 Totals 500,000 2,000,000 500,000 2,000,000 500,000 5,500,000
City Council Chamber Upgrades General Fund Tranfer 210,000 0 0 0 0 210,000 Totals 210,000 0 0 0 0 210,000
City Facilities Assessment 2020 (NEW) General Fund Transfer 325,000 0 0 0 0 325,000 Totals 325,000 0 0 0 0 325,000
City Hall Repairs General Fund Transfer 0 925,000 0 0 0 925,000 Totals 0 925,000 0 0 0 925,000
TOTAL STREETSCAPES 1,035,000 2,925,000 500,000 2,000,000 500,000 6,960,000 WASTEWATER Undesignated Sewer Basin Rehabilitation (SA4106) Sanitary Sewer Revenue Bond - 2020 2,300,000 2,300,000 2,300,000 2,300,000 2,300,000 11,500,000 Wastewater Fund 500,000 500,000 500,000 500,000 500,000 2,500,000 Totals 2,800,000 2,800,000 2,800,000 2,800,000 2,800,000 14,000,000
TOTAL WASTEWATER 2,800,000 2,800,000 2,800,000 2,800,000 2,800,000 14,000,000
STORMWATER Culvert Level of Service Improvements Stormwater Fund 1,150,000 400,000 360,000 0 950,000 2,860,000 Totals 1,150,000 400,000 360,000 0 950,000 2,860,000
Floodplain Buyout Program (New) Stormwater Fund 0 450,000 0 0 0 450,000 Totals 0 450,000 0 0 0 450,000
Stormwater Asset Management & Modeling Stormwater Fund 425,000 425,000 425,000 425,000 425,000 2,125,000 Totals 425,000 425,000 425,000 425,000 425,000 2,125,000
Stream Restoration and Stabilization (New) Stormwater Fund 0 0 1,000,000 1,200,000 0 2,200,000 Totals 0 0 1,000,000 1,200,000 0 2,200,000
Unity Park Stream Restoration & Stabilization (NEW) Stormwater Fund 2,000,000 0 0 0 0 2,000,000 Stormwater Revenue Bond 3,000,000 0 0 0 0 3,000,000 Totals 5,000,000 0 0 0 0 5,000,000
TOTAL STORMWATER 6,575,000 1,275,000 1,785,000 1,625,000 1,375,000 12,635,000
PARKS AND RECREATION Greenways and Trails (PR4173) Hospitality Tax Fund 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 5,000,000 Totals 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 5,000,000
Main Street Tree Rehabilitation (PR4095) Downtown Infrastructure Fund 75,000 75,000 75,000 75,000 75,000 375,000 Totals 75,000 75,000 75,000 75,000 75,000 375,000
Neighborhood Park Improvements II (PR4159) General Fund Transfer 501,078 509,597 518,235 528,600 539,172 2,596,682 Totals 501,078 509,597 518,235 528,600 539,172 2,596,682
Parks and Recreation Consolidation Hospitality Tax Fund 0 0 0 2,500,000 0 2,500,000 General Obligation Bond 0 0 0 2,500,000 0 2,500,000 Totals 0 0 0 5,000,000 0 5,000,000
Swamp Rabbit Trail Bridges (Inspection/Maintenance) Hospitality Tax Fund 120,000 300,000 100,000 100,000 100,000 720,000 Totals 120,000 300,000 100,000 100,000 100,000 720,000
Unity Park Hospitality Tax Fund 2,000,000 0 0 0 0 2,000,000 Totals 2,000,000 0 0 0 0 2,000,000
TOTAL PARKS AND RECREATION 3,696,078 1,884,597 1,693,235 6,703,600 1,714,172 15,691,682 DocuSign Envelope ID: 9781E1DE-E861-42F0-A0B8-5AC65917EFB6 Ordinance No. 2019 -_____ Page 4
PROPOSED ********** PLANNING YEARS ONLY ********** FUNDING Funding Source/Project FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 FY20-24
ECONOMIC DEVELOPMENT Art in Public Places (ED3467) Local Accommodations Tax Fund 75,000 75,000 75,000 75,000 75,000 375,000 Totals 75,000 75,000 75,000 75,000 75,000 375,000
Commercial Corridors (ED3451) General Fund Transfer 500,000 500,000 500,000 500,000 500,000 2,500,000 Totals 500,000 500,000 500,000 500,000 500,000 2,500,000 Economic Development Project Account (ED3500) Downtown Infrastructure Fund 2,172,887 808,448 5,034,289 5,297,530 5,378,237 18,691,391 Totals 2,172,887 808,448 5,034,289 5,297,530 5,378,237 18,691,391
Econ. Dev. Project Account - Viola (ED3499) General Fund Transfer 228,747 232,080 235,447 238,847 242,281 1,177,402 Totals 228,747 232,080 235,447 238,847 242,281 1,177,402
Fluor Field Capital Maintenance Admissions Tax Fund 0 30,000 30,000 30,000 0 90,000 Sunday Alcohol Permits Fund 150,000 120,000 120,000 120,000 150,000 660,000 Totals 150,000 150,000 150,000 150,000 150,000 750,000
Fluor Field Stadium Improvements (ED3501) Admissions Tax Fund 30,000 0 0 0 0 30,000 Local Accommodations Tax Fund 820,000 0 0 0 0 820,000 Sunday Alcohol Permits Fund 250,000 0 0 0 0 250,000 Totals 1,100,000 0 0 0 0 1,100,000
GCC Conference Center (ED3487) Sunday Alcohol Permits Fund 75,000 75,000 75,000 75,000 75,000 375,000 Local Accommodations Tax Fund 375,000 1,125,000 375,000 375,000 375,000 2,625,000 Totals 450,000 1,200,000 450,000 450,000 450,000 3,000,000
GCC Conference Center FF&E (NEW) Local Accommodations Tax Fund 50,000 50,000 50,000 50,000 50,000 250,000 Totals 50,000 50,000 50,000 50,000 50,000 250,000
Office Recruitment Strategy Downtown Infrastructure Fund 250,000 0 0 0 0 250,000 Totals 250,000 0 0 0 0 250,000
SC Children's Theatre Hospitality Tax Fund 300,000 300,000 0 0 0 600,000 Totals 300,000 300,000 0 0 0 600,000
TOTAL ECONOMIC DEVELOPMENT 5,276,634 3,315,528 6,494,736 6,761,377 6,845,518 28,693,793
PUBLIC SAFETY Fire Station Improvements (PS3428) General Fund Transfer 433,041 452,762 448,513 459,414 464,297 2,258,027 Totals 433,041 452,762 448,513 459,414 464,297 2,258,027
Police Admin Lease (NEW) General Fund Transfer 800,000 600,000 600,000 600,000 600,000 3,200,000 Totals 800,000 600,000 600,000 600,000 600,000 3,200,000
Police Body Cameras (PS3440) General Fund Transfer 219,432 219,432 219,432 219,432 219,432 1,097,160 Totals 219,432 219,432 219,432 219,432 219,432 1,097,160
Public Safety Cameras and Infrastructure (PS3423) Hospitality Tax Fund 200,000 200,000 200,000 200,000 200,000 1,000,000 Totals 200,000 200,000 200,000 200,000 200,000 1,000,000
Public Safety Dispatch Consoles (PS3450) General Fund Transfer 225,000 0 0 0 0 225,000 Totals 225,000 0 0 0 0 225,000
Public Safety Radios General Fund Transfer 700,000 680,000 635,000 0 0 2,015,000 Totals 700,000 680,000 635,000 0 0 2,015,000
Signal Communication Upgrades General Fund Transfer 315,000 65,000 65,000 65,000 65,000 575,000 Totals 315,000 65,000 65,000 65,000 65,000 575,000
Southeastern Area Fire Station (NEW) General Fund Transfer 0 0 1,000,000 0 0 1,000,000 General Obligation Bond 0 0 0 6,000,000 0 6,000,000 Totals 0 0 1,000,000 6,000,000 0 7,000,000
Stone Avenue Firestation (NEW) General Fund Transfer 1,000,000 0 0 0 0 1,000,000 General Obligation Bond 0 5,500,000 0 0 0 5,500,000 Totals 1,000,000 5,500,000 0 0 0 6,500,000
TOTAL PUBLIC SAFETY 3,892,473 7,717,194 3,167,945 7,543,846 1,548,729 23,870,187 DocuSign Envelope ID: 9781E1DE-E861-42F0-A0B8-5AC65917EFB6 Ordinance No. 2019 -_____ Page 5
PROPOSED ********** PLANNING YEARS ONLY ********** FUNDING Funding Source/Project FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 FY20-24
PARKING Parking Control Equipment Parking Enterprise Fund 2,700,000 0 0 0 0 2,700,000 Totals 2,700,000 0 0 0 0 2,700,000
Parking Garage Rehabilitation (PT1012) Parking Enterprise Fund 1,250,000 1,250,000 1,250,000 1,250,000 1,250,000 6,250,000 Totals 1,250,000 1,250,000 1,250,000 1,250,000 1,250,000 6,250,000
TOTAL PARKING 3,950,000 1,250,000 1,250,000 1,250,000 1,250,000 8,950,000
TOTAL, ALL PROJECTS 31,875,185 27,467,319 20,490,916 31,483,823 18,833,419 130,150,662
DocuSign Envelope ID: 9781E1DE-E861-42F0-A0B8-5AC65917EFB6 Ordinance No. 2019 -_____ Page 6
ATTACHMENT B
PROPOSED ********** PLANNING YEARS ONLY ********** FUNDING Funding Source/Project FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 FY20-24 Admissions Tax Fund Fluor Field Capital Maintenance 0 30,000 30,000 30,000 0 90,000 Fluor Field Stadium Improvements 30,000 0 0 0 0 30,000 Subtotal, Admissions Tax Fund 30,000 30,000 30,000 30,000 0 120,000
Capital Projects Fund Public Safety Radios 700,000 680,000 635,000 0 0 2,015,000 Subtotal, Capital Projects Fund 700,000 680,000 635,000 0 0 2,015,000
Downtown Infrastructure Fund Cultural Corridor Urban Trail 500,000 3,500,000 0 0 0 4,000,000 ED Project Account 2,172,887 808,448 5,034,289 5,297,530 5,378,237 18,691,391 Main Street Bridge Repairs 750,000 0 0 0 0 750,000 Main Street Tree Rehabilitation 75,000 75,000 75,000 75,000 75,000 375,000 Office Recruitment Strategy 250,000 0 0 0 0 250,000 Subtotal, Downtown Infrastructure Fund 3,747,887 4,383,448 5,109,289 5,372,530 5,453,237 24,066,391
General Fund Transfer Affordable Housing Plan 500,000 0 500,000 0 500,000 1,500,000 Bridge Maintenance 200,000 0 0 0 0 200,000 City Council Chamber Upgrades 210,000 0 0 0 0 210,000 City Facilities Assessment 2020 325,000 0 0 0 0 325,000 City Hall Repairs 0 925,000 0 0 0 925,000 Commercial Corridors 500,000 500,000 500,000 500,000 500,000 2,500,000 Economic Development Project Fund -Viola 228,747 232,080 235,447 238,847 242,281 1,177,402 Fire Station Improvements 433,041 452,762 448,513 459,414 464,297 2,258,027 Intersection Safety Improvements 400,000 400,000 400,000 400,000 400,000 2,000,000 McDaniel/Cleveland Park Area Improvements 100,000 0 0 0 0 100,000 Neighborhood Park Improvements II 501,078 509,597 518,235 528,600 539,172 2,596,682 NSTEP (New Sidewalk Targeted Expansion Pgm) 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 5,000,000 Police Admin Lease 800,000 600,000 600,000 600,000 600,000 3,200,000 Police Body Cameras 219,432 219,432 219,432 219,432 219,432 1,097,160 Public Safety Dispatch Consoles 225,000 0 0 0 0 225,000 Salters Rd Extension Engineering 100,000 0 0 0 0 100,000 Sidewalk ADA Improvements 200,000 200,000 200,000 200,000 200,000 1,000,000 Signal Communication Upgrades 315,000 65,000 65,000 65,000 65,000 575,000 Southeastern Area Fire Station 0 0 1,000,000 0 0 1,000,000 Stone Ave. Fire Station 1,000,000 0 0 0 0 1,000,000 Street Lighting Maint/Upgrades 100,000 100,000 100,000 100,000 100,000 500,000 Street Resurfacing 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 5,000,000 Village of West Greenville Improvements 100,000 100,000 100,000 100,000 100,000 500,000 Subtotal, General Fund Transfer 8,457,298 6,303,871 6,886,627 5,411,293 5,930,182 32,989,271
General Obligation Bond Affordable Housing Plan 0 2,000,000 0 2,000,000 0 4,000,000 Parks & Rec Consolidation 0 0 0 2,500,000 0 2,500,000 Stone Ave. Fire Station 0 5,500,000 0 0 0 5,500,000 Southeastern Area Fire Station 0 0 0 6,000,000 0 6,000,000 Subtotal, General Obligation Bond 0 7,500,000 0 10,500,000 0 18,000,000
Hospitality Tax Bond Parks & Rec Consolidation Bonds 0 0 0 2,500,000 0 2,500,000 Subtotal, Hospitality Tax Bond 0 0 0 2,500,000 0 2,500,000
Hospitality Tax Fund Greenways and Trails 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 5,000,000 Main Street Lighting Replacement 200,000 0 0 0 0 200,000 Public Safety Cameras and Infrastructure 200,000 200,000 200,000 200,000 200,000 1,000,000 SC Children's Theatre 300,000 300,000 0 0 0 600,000 SRT Bridges (Inspection/Maintenance) 120,000 300,000 100,000 100,000 100,000 720,000 Unity Park 2,000,000 0 0 0 0 2,000,000 Subtotal, Hospitality Tax Fund 3,820,000 1,800,000 1,300,000 1,300,000 1,300,000 9,520,000
DocuSign Envelope ID: 9781E1DE-E861-42F0-A0B8-5AC65917EFB6 Ordinance No. 2019 -_____ Page 7
PROPOSED ********** PLANNING YEARS ONLY ********** FUNDING Funding Source/Project FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 FY20-24 Local Accommodations Tax Fund Art in Public Places 75,000 75,000 75,000 75,000 75,000 375,000 Fluor Field Stadium Improvements 820,000 0 0 0 0 820,000 GCC Convention Center FF&E 50,000 50,000 50,000 50,000 50,000 250,000 GCC Conference Center 375,000 1,125,000 375,000 375,000 375,000 2,625,000 Subtotal, Local Accommodations Tax Fund 1,320,000 1,250,000 500,000 500,000 500,000 4,070,000
Parking Enterprise Fund Parking Garage Rehabilitation 1,250,000 1,250,000 1,250,000 1,250,000 1,250,000 6,250,000 Parking Control Equipment 2,700,000 0 0 0 0 2,700,000 Subtotal, Parking Fund 3,950,000 1,250,000 1,250,000 1,250,000 1,250,000 8,950,000
Stormwater Fund Culvert Level of Service Improvements 1,150,000 400,000 360,000 0 950,000 2,860,000 Floodplain Buyout Program 0 450,000 0 0 0 450,000 Stormwater Asset Management & Modeling 425,000 425,000 425,000 425,000 425,000 2,125,000 Stream Restoration and Stabilization 0 0 1,000,000 1,200,000 0 2,200,000 Unity Park Stream Restoration & Stabilization 2,000,000 0 0 0 0 2,000,000 Subtotal, Stormwater Fund 3,575,000 1,275,000 1,785,000 1,625,000 1,375,000 9,635,000
Stormwater Revenue Bond Unity Park Stream Restoration & Stabilization 3,000,000 0 0 0 0 3,000,000 Subtotal, Stormwater Revenue Bond 3,000,000 0 0 0 0 3,000,000
Sunday Alcohol Permits Fund Fluor Field Capital Maintenance 150,000 120,000 120,000 120,000 150,000 660,000 Fluor Field Stadium Improvements 250,000 0 0 0 0 250,000 GCC Conference Center 75,000 75,000 75,000 75,000 75,000 375,000 Subtotal, Sunday Alcohol Permits Fund 475,000 195,000 195,000 195,000 225,000 1,285,000
Wastewater Fund Undesignated Sewer Basin Rehabilitation 500,000 500,000 500,000 500,000 500,000 2,500,000 Subtotal, Wastewater Fund 500,000 500,000 500,000 500,000 500,000 2,500,000
Wasterwater Revenue Bond Undesignated Sewer Basin Rehabilitation 2,300,000 2,300,000 2,300,000 2,300,000 2,300,000 11,500,000 Subtotal, Wastewater Revenue Bond 2,300,000 2,300,000 2,300,000 2,300,000 2,300,000 11,500,000
TOTAL, ALL FUNDING SOURCES 31,875,185 27,467,319 20,490,916 31,483,823 18,833,419 130,150,662
DocuSign Envelope ID: 8F965E7F-8DCC-4BEC-80F1-FE9E35D6DA88
REQUEST FOR COUNCIL ACTION Agenda Item No. City of Greenville, South Carolina
TO: Honorable Mayor and Members of City Council 15c FROM: Nancy P. Whitworth, Interim City Manager
✔ Ordinance/First Reading Ordinance/Second & Final Reading Resolution/First & Final Reading Information Only
AGENDA DATE REQUESTED: April 8, 2019
ORDINANCE/RESOLUTION CAPTION: TO APPROPRIATE $25,000 IN THE MISCELLANEOUS GRANT FUND TO ENGAGE YOUTH IN SCIENCE, TECHNOLOGY, ENGINEERING, ARTS AND MATH (STEAM) RELATED ACTIVITIES THROUGHOUT THE CITY AND CITY COMMUNITY CENTERS
SUMMARY BACKGROUND: The City of Greenville’s Parks and Recreation Department provides academic and recreational opportunities for youth and adults in the City of Greenville and surrounding areas. The Parks and Recreation Department applied for and was awarded a $25,000 grant from the Verizon Foundation to assist with the operational cost of academic and recreational programs associated with STEAM activities at community centers.
IMPACT IF DENIED: If denied, the grant award will need to be returned.
FINANCIAL IMPACT None. No additional funds are needed.
REQUIRED SIGNATURES
Department Director City Attorney
OMB Director City Manager DocuSign Envelope ID: 8F965E7F-8DCC-4BEC-80F1-FE9E35D6DA88 Ordinance No. 2019-____
A N O R D I N A N C E
TO APPROPRIATE $25,000 IN THE MISCELLANEOUS GRANT FUND TO ENGAGE YOUTH IN SCIENCE, TECHNOLOGY, ENGINEERING, ARTS AND MATH (STEAM) RELATED ACTIVITIES THROUGHOUT THE CITY AND CITY COMMUNITY CENTERS
WHEREAS, the City of Greenville’s Parks and Recreation Department provides academic and recreational opportunities for youth and adults in the city of Greenville and surrounding areas; and
WHEREAS, the Parks and Recreation Department applied for and was awarded a $25,000 grant by the Verizon Foundation to assist with the operational cost of academic and recreational programs associated with STEAM activities; and
WHEREAS, no additional funds will be needed to complete the project;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GREENVILLE, SOUTH CAROLINA, the amount of $25,000 is appropriated in the Miscellaneous Grant Fund for the purpose of funding STEAM related equipment and operational costs as reflected in the attached Exhibit. This Ordinance shall become effective upon passage on the second and final reading.
DONE, RATIFIED AND PASSED THIS THE ____ DAY OF ______, 2019.
______MAYOR ATTEST:
______CITY CLERK
APPROVED AS TO FORM:
______CITY ATTORNEY
REVIEWED:
______CITY MANAGER DocuSign Envelope ID: 8F965E7F-8DCC-4BEC-80F1-FE9E35D6DA88 Ordinance No. 2019 -_____ Page 2
EXHIBIT BUDGET AMENDMENT - Verizon Steam Grant
BUDGET Misceallaneous Grants REQUESTED BY Parks and Recreation
FISCAL YEAR 2018-19 DATE
INCREASE DECREASE
Description Description
Miscellaneous Grants Contributions Other (Rev) 25,000
Professional Services (Exp) 5,000
Special Projects (Exp) 2,000
Materials and Supplies (Exp) 8,000
Equipment (Exp) 10,000
Explanation: To appropriate $25,000 in the Miscellaneous Grants fund for a Verizon Grant for STEAM projects.
DATE APPROVED BY City Council/City Manager Camilla Pitman/City Clerk
FOR OMB POSTING PURPOSES ONLY
Budget Adjustments Increase Journal Entry (Decrease) Project Code Account Amount Project Code Account Amount
PR4193 128-0000-362-20-99 25,000
PR4193 128-9020-455-30-11 5,000
PR4193 128-9020-455-30-14 2,000
PR4193 128-9020-455-42-01 8,000
PR4193 128-9020-455-63-03 10,000
Total 50,000 Total -
Prepared By Posted By Date Number
DocuSign Envelope ID: 6F36BBA4-B8A0-48E4-9410-AA6ADE3EC1B3
REQUEST FOR COUNCIL ACTION Agenda Item No. City of Greenville, South Carolina
72 Honorable Mayor and Members of City Council G )520 1DQF\3:KLWZRUWK,QWHULP City Manager
✔ Ordinance/First Reading Ordinance/Second & Final Reading Resolution/First & Final Reading Information Only
AGENDA DATE REQUESTED: April 8, 2019
ORDINANCE/RESOLUTION CAPTION: TO APPROPRIATE AN ADDITIONAL $251,000 IN THE GENERAL FUND AND THE CAPITAL PROJECTS FUND FOR THE COMPREHENSIVE PLAN
SUMMARY BACKGROUND: Previously, Greenville City Council appropriated $449,000 to fund direct consulting services and support expenses for the Comprehensive Plan Update. The City discontinued services with the selected consultant, redefined the overall scope of work for the project, and solicited and received a number of proposals to complete the revised scope of work. The request is for an additional $251,000 to provide funding for the Comprehensive Plan Update.
IMPACT IF DENIED: If approved, staff will move forward to complete the project within the allocated funding. If denied, staff will not be able to move forward with the project.
),1$1&,$/IMPACT
This action reduces General Fund Fund Balance by $251,000. The projected FY 2018-19 ending available fund balance, net of the 20% percent reserve, is estimated at $7 million, after this appropriation.
REQUIRED SIGNATURES
Department Director City Attorney
OMB Director City Manager DocuSign Envelope ID: 6F36BBA4-B8A0-48E4-9410-AA6ADE3EC1B3 Ordinance No. 2019-____
A N O R D I N A N C E
TO APPROPRIATE AN ADDITIONAL $251,000 IN THE GENERAL FUND AND THE CAPITAL PROJECTS FUND FOR THE COMPREHENSIVE PLAN
WHEREAS, the city of Greenville is required to undertake a Comprehensive Plan Update every ten years; and
WHEREAS, City Council had previously appropriated $449,000 to fund direct consulting services and support expenses for the Comprehensive Plan Update; and
WHEREAS, the City discontinued direct consulting services with the selected consultant in order to redefine the overall scope of work for the Comprehensive Plan Update and satisfied all debt for services rendered in the amount of $60,000; and
WHEREAS, staff solicited and received a number of proposals to complete the revised scope of work for the Comprehensive Plan Update and is ready to award a contract; and
WHEREAS, the remaining funds of $375,000 from the initial appropriation is insufficient to cover the total cost and requires an additional appropriation of $251,000 from the General Fund fund balance;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GREENVILLE, SOUTH CAROLINA, the amount of $251,000 is appropriated in the Capital Projects Fund to provide funding for the Comprehensive Plan Update and to facilitate the planning process as reflected in the attached Exhibit. This Ordinance shall become effective upon passage on the second and final reading.
DONE, RATIFIED AND PASSED THIS THE ____ DAY OF ______, 2019.
______MAYOR ATTEST:
______CITY CLERK
APPROVED AS TO FORM:
______CITY ATTORNEY
REVIEWED:
______CITY MANAGER DocuSign Envelope ID: 6F36BBA4-B8A0-48E4-9410-AA6ADE3EC1B3 Ordinance No. 2019 -_____ Page 2
EXHIBIT
BUDGET AMENDMENT -Comp Plan Second Ordiance for Funding
BUDGET Capital Projects Fund REQUESTED BY Economic Development
FISCAL YEAR 2018-19 DATE
INCREASE DECREASE
Description Description
Capital Projects Fund General Fund Transfer (REV) 251,000
Planning and Design (EXP) 251,000
General Fund Fund Balance Appropriated (REV) 251,000
Transfer to Capital Proj Fund (EXP) 251,000
Explanation: To appropriate $251,000 in the Capital Projects fund for additonal funding of the 2018 Comprehensive Plan project.
DATE APPROVED BY City Council/City Manager Camilla Pitman/City Clerk
FOR OMB POSTING PURPOSES ONLY
Budget Adjustments Increase Journal Entry (Decrease) Project Code Account Amount Project Code Account Amount
ED3522 341-0000-391-81-10 251,000 010-1590-491-81-41 D 251,000
ED3522 341-9010-411-68-01 251,000 010-0000-101-05-00 C 251,000
010-0000-390-10-01 251,000 341-0000-101-05-00 D 251,000
010-1590-491-81-41 251,000 ED3522 341-0000-391-81-10 C 251,000
Total 1,004,000 Total 1,004,000
Prepared By Posted By Date Number
DocuSign Envelope ID: C87A88FD-D9D9-4334-8CA7-0298B9C949F6
REQUEST FOR COUNCIL ACTION Agenda Item No. City of Greenville, South Carolina
TO: Honorable Mayor and Members of City Council 16a FROM: Nancy P. Whitworth, Interim City Manager
Ordinance/First Reading Ordinance/Second & Final Reading ✔ Resolution/First & Final Reading Information Only
AGENDA DATE REQUESTED: April 8, 2019
ORDINANCE/RESOLUTION CAPTION: TO APPROVE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF GREENVILLE POLICE DEPARTMENT AND THE THIRTEENTH CIRCUIT SOLICITOR’S OFFICE TO PARTICIPATE IN THE GREENVILLE COUNTY MULTI- JURISDICTIONAL DRUG ENFORCEMENT UNIT
SUMMARY BACKGROUND: This Resolution authorizes a Memorandum of Understanding with the Thirteenth Circuit Solicitor's Office to enable the Greenville Police Department to participate in a Greenville County Multi-Jurisdictional Drug Enforcement Unit (GCMDEU), to improve drug enforcement service delivery county-wide.
IMPACT IF DENIED: If denied, the Memorandum of Understanding will not be approved and Greenville Police participation in the GCMDEU will not occur.
FINANCIAL IMPACT N/A
REQUIRED SIGNATURES
Department Director City Attorney
OMB Director City Manager DocuSign Envelope ID: C87A88FD-D9D9-4334-8CA7-0298B9C949F6
RESOLUTION NO. 2019-_____
A R E S O L U T I O N
TO APPROVE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF GREENVILLE POLICE DEPARTMENT AND THE THIRTEENTH CIRCUIT SOLICITOR’S OFFICE TO PARTICIPATE IN THE GREENVILLE COUNTY MULTI-JURISDICTIONAL DRUG ENFORCEMENT UNIT
WHEREAS, as amended on June 3, 2016, South Carolina Code Ann. Section 23-20-10, et seq. provides for contractual agreements between and among state, county, municipal and local law enforcement agencies for the purpose of providing the proper and prudent exercise of public safety functions and authority across jurisdictional lines; and
WHEREAS, any agreement entered into pursuant to this law on behalf of a law enforcement authority must be approved by the appropriate governing body of each concerned county, incorporated municipality, or other political subdivision of this state; and
WHEREAS, the Greenville Police Department and the Thirteenth Circuit Solicitor’s Office desire to enter into a Memorandum of Understanding to participate in the Greenville County Multi- Jurisdictional Drug Enforcement Unit (“MOU”) for the prudent exercise of public safety functions in substantially the same form as is attached as Exhibit A and herein incorporated by reference; and
WHEREAS, City Council finds the attached MOU reasonable and in the best interests of the citizens of the city of Greenville; and
WHEREAS, City Council finds the Agreement should be approved;
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GREENVILLE, SOUTH CAROLINA, City Council approves the Memorandum of Understanding in substantially the same form as attached hereto and incorporated herein as Exhibit A, and hereby authorize the City Manager to execute same. The City Manager, in consultation with the City Attorney, may make or accept minor modifications to the wording and designations of the attached documents as may be necessary or appropriate, provided there is no compromise of the substantive purposes of this Council action. Should the City Manager or City Attorney, or both, determine that any modification of previously negotiated terms is significant and warrants further action by City Council, then the matter shall be presented to Council for further review before the final execution.
RESOLVED THIS _____ DAY OF ______, 2019.
MAYOR
Attest:
CITY CLERK
DocuSign Envelope ID: C87A88FD-D9D9-4334-8CA7-0298B9C949F6
RESOLUTION NO. 2019-_____ Page 2
EXHIBIT A
Memorandum of Understanding Greenville County Multi-jurisdictional Drug Enforcement Unit
This Memorandum of Understanding (MOU) is hereby established and adopted by and between the following law enforcement agencies and/or jurisdictions within Greenville County: Thirteenth Circuit Solicitor’s Office, Greenville County Sheriff’s Office, City of Greenville Police Department, Greer Police Department, Fountain Inn Police Department, Mauldin Police Department, Simpsonville Police Department, and Travelers Rest Police Department (hereinafter collectively referred to as “Participating Agencies”). This MOU will become effective for each Participating Agency upon the signatory approval of either their respective governing body and/or duly authorized representative. The South Carolina Law Enforcement Division and South Carolina Highway Patrol may enter into separate mutual-aid agreements with the governing board of the Greenville County Multi-jurisdictional Drug Enforcement Unit.
Creation. The Greenville County Multi-jurisdictional Drug Enforcement Unit ("GCMDEU" or “Unit”) is hereby created to provide a more comprehensive investigative approach to combat trafficking in narcotics and dangerous drugs and other related crimes in Greenville County; and to provide a more effective use of public resources.
Responsibilities. The GCMDEU has the following responsibilities:
1. To disrupt illicit drug trafficking in the State of South Carolina, the Greenville County area, adjacent regions, and adjoining states; 2. To gather and compile intelligence data relating to trafficking in both narcotics and other dangerous drugs; 3. To conduct undercover operations when appropriate, and to engage in other traditional methods of investigation in order to effectively prosecute drug law violations in the appropriate courts; 4. To cooperate with state and federal law enforcement agencies in the investigation, arrest , and prosecution of upper-level drug dealers ; 5. To enforce laws prohibiting money laundering and organized criminal activities; 6. To enforce laws prohibiting vice-related crimes, including gambling, solicitation, and prostitution; 7. To enforce all state laws anywhere in Greenville County. To enforce all county ordinances in any unincorporated portion of Greenville County. To enforce any municipal ordinance of any municipality in Greenville County while the officer is located in that municipality; and 8. To conduct any other law enforcement investigation or activity as authorized by the GCMDEU Commander and/or the GCMDEU Governing Board.
Governing Board. The Governing Board of the GCMDEU ("Governing Board") shall be comprised of the chief executive officer of each Participating Agency, or his/her designee, provided that the Participating Agency has staff assigned to the GCMDEU. The chair of the Governing Board shall be chosen by a majority vote of the membership, and the term shall be one year from the date of selection, unless otherwise determined by a vote of the Governing Board.
Duties of Governing Board. The Governing Board, with the exception of the Thirteenth Circuit Solicitor, will determine both the general and specific direction in all law enforcement matters of the GCMDEU using the most recent edition of Robert’s Rules of Order to govern their deliberations in cases not otherwise provided for by statute, relevant City or County Code, rule or regulation, in that order. The Governing Board should meet at least monthly during the term of this MOU.
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Solicitor’s Role. The Thirteenth Circuit Solicitor's role in the Governing Board shall be limited to serving as the employing agency for the Commander, providing legal guidance to the Governing Board, and to vote on administrative matters that concern the GCMDEU.
Quorum. A majority of the Governing Board members shall constitute a quorum for the transaction of business at any meeting of the Governing Board. If a quorum is not present at any meeting of the Governing Board, no action may be taken. Governing Board members may participate in, and be regarded as present at any meeting of the Governing Board by means of conference call or any other means of communication by which all persons participating in the meeting can hear each other simultaneously. Unless otherwise determined by the Governing Board and confirmed in writing at least seven (7) days in advance of a meeting date, no proxy votes shall be permitted. The presence of the Thirteenth Circuit Solicitor shall be included for determination of a quorum; however, the Solicitor shall abstain from voting on any substantive law enforcement matters.
Action. The Governing Board shall take action pursuant to resolutions adopted by the affirmative vote of a majority of the members participating in a meeting at which a quorum is present. All action by the Governing Board, whether taken during a regular meeting or during executive session, shall be recorded in the minutes of the meeting, unless such action would qualify as a matter exempt from disclosure pursuant to SC Code Annotated §30-4-40 (as amended). In addition, the Governing Board may take action between meetings by written consent as necessary. Such written consent may be by electronic vote and will be included in the next meeting’s minutes documenting the action taken.
Assignment of Law Enforcement Officers. Each Participating Agency, other than the Thirteenth Circuit Solicitor’s Office, shall provide a minimum of one full-time narcotic enforcement officer to be assigned to the GCMDEU. The Participating Agencies also recognize that staff resource constraints may cause any agency to limit its participation or temporarily withdraw from the GCMDEU for a period of time, until resources are sufficient to participate. During such periods, the affected agency may still be represented at the Governing Board, but shall not qualify for purposes of quorum or vote.
Jurisdiction. All officers assigned to the GCMDEU shall have law enforcement jurisdiction pursuant to applicable enabling agreements and to which this agreement conforms. This jurisdictional permission shall apply only to assignments undertaken pursuant to GCMDEU functions and shall remain applicable regardless of Unit participation by the GCSO, unless expressly prohibited by the Sheriff.
Prosecution. The Solicitor will assign a prosecutorial liaison for all GCMDEU cases, except for cases that may be tried in Federal court or other jurisdiction’s cases.
Supervision. The Governing Board will select and assign experienced narcotics enforcement officers with extensive administrative and operational experience to serve as supervisors of the GCMDEU. A supervisor is someone who holds the rank of Sergeant or higher, or is a supervisor at his or her respective agency that is otherwise qualified through his or her training and experience as determined by the Governing Board. The Governing Board will assign, with the consent of the Solicitor, a Commander to manage the overall operations of the GCMDEU. During their assignment, GCMDEU officers shall be under the direct supervision and control of the assigned supervisors and Commander. The GCMDEU Commander is under the direct supervision and control of the Solicitor’s Office for all employment related-purposes (performance, discipline, compensation, etc.) The Solicitor, or his designee, hereby delegates tactical control over the Commander’s day to day GCMDU operations to the Governing Board. The Commander may not appoint a person as a supervisor unless that person is a supervisor at the agency where he/she is employed on a full time basis.
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Guidelines and Procedures. The GCMDEU operational guidelines and procedures will be developed by the GCMDEU Commander for approval by the Governing Board. Additionally, the GCMDEU Commander will collaborate with all Greenville County municipal police agencies to develop and implement an appropriate de-confliction policy. All officers assigned to the GCMDEU will comply with all guidelines and procedures so approved. Failure to comply may be grounds for reassignment. The guidelines and procedures will not supersede any policies or guidelines adopted by a Participating Agency.
Work Assignments. With the exception of special assignments, officers assigned to the GCMDEU will work on assigned activities during their on-duty hours. The work schedule of the officers will vary according to operational requirements. The usual work week will be 40 hours. The GCMDEU Commander may request an officer be reassigned for any reason and may bring any operational, manpower or personnel issue before the Governing Board for consideration and vote.
Compensation. Employees authorized to the GCMDEU will remain employees of their respective agencies and will be compensated by the respective agency. Compensation shall include all salary, fringe and overtime expenses related to the authorized transfer to the GCMDEU.
Data Storage. The GCMDEU shall maintain all records necessary to adhere to applicable Best Practices. All Participating Agencies shall have access to all information stored by the Unit via their participating personnel and via the Commander. The Commander shall be responsible for maintaining and appropriately disseminating all information according to accepted Law Enforcement Standards.
Office Location. The GCMDEU will operate out of one location, upon which the Governing Board will mutually agree.
Press Releases/Conferences. Press releases or press conferences for operations conducted by the GCMDEU shall be the responsibility of the Commander or his designee in coordination with the Governing Board.
Startup Funds. Each Participating Agency agrees to contribute to the funds, equipment, and/or personnel necessary to create the GCMDEU, including in-kind contributions where possible. Both in- kind, equipment and cash contributions shall be detailed and disclosed in a separate document to be maintained by the Commander or his designee and to be shared with the Governing Board on a quarterly basis.
Use and Distribution of Assets. The use or distribution of any and all assets seized and forfeited to the GCMDEU will be by decision of the Governing Board. Generally, distributions will be made quarterly. Distributed assets will be divided equitably among the Participating Agencies in accordance with the following provisions, unless contrary to applicable laws or court orders, in which case, such law or court order shall apply. Unless an alternate distribution is agreed upon by vote of the Governing Board, distributions will be divided by the actual manpower allocations in effect on the last day of the preceding quarter.
Dispute of Allocation. Any Participating Agency may request a hearing by the Governing Board in order to dispute a specific quarterly allocation. The governing Board may, in its discretion, request additional information regarding the dispute and may confirm the original decision without additional vote or may determine that an additional vote is appropriate.
Determination of “GCMDEU” Seizures. All seizures to be distributed as described in this agreement shall meet the following criteria:
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1. The preliminary intelligence for the seizure originated pursuant to the work by a member of the Unit, or 2. The intelligence gathered by any source and documented as “turned over” to the Unit resulted in the seizure.
All seized currency over $1,000 and all assets seized other than currency will be distributed pursuant to S.C Code Ann. § 44-53-530, as amended, as follows: Five percent to the State of South Carolina: Twenty percent to the Solicitor, and Seventy-five percent to the GCMDEU to be distributed to the Participating Agencies according to manpower allocations as outlined in this MOU, or as otherwise agreed upon by the Governing Board.
All seized drug-related currency under $1,000 and Federal forfeitures of any type and amount, including currency and other assets, will be distributed according to manpower allocations as set forth in this MOU, unless the specific distribution is controlled by court order or statute.
Manpower Allocations. Full manpower allocations are as follows:
Agency Personnel Greenville County Sheriff’s Office City of Greenville Police Department City of Greer Police Department City of Fountain Inn Police Department City of Mauldin Police Department City of Simpsonville Police Department City of Travelers Rest Police Department TOTAL
Dissolution. Upon dissolution of the GCMDEU, equipment purchased with grant funds will be retained by the Participating Agency that paid the local match, unless otherwise dictated by the specific grant funding entity. All equipment purchased with program income will be divided equitably to each Participating Agency according to the manpower allocations in effect at the time of any such dissolution. Upon withdrawal by any Participating Agency while the GCMDEU continues to operate, all equipment purchased by the withdrawing agency will be retained by the withdrawing agency. No equipment purchased with program funds will be assigned to any withdrawing agency as long as the GCMDEU continues to operate.
Effective Date. This MOU shall become effective on the date set forth on the respective signature pages and shall automatically renew each anniversary date, year to year, unless terminated by the Governing Board. Any Participating Agency may terminate participation in the GCMDEU by providing written notice to the Governing Board. Such termination shall not impact the participation of any other Participating Agency to this MOU nor will it impact the validity of this MOU. All Participating Agencies agree that any and all successors in interest to their offices will be similarly bound by the terms of this MOU without necessitating execution of any amendment.
Effect of Previous Agreements. This MOU shall supersede, govern and control over any prior GCMDEU agreements or memoranda of understanding.
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Amendments. Any non-substantive amendments to this agreement may be adopted upon approval of the Governing Board.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the dates shown below.
Approved by City of Greenville:
______Nancy P. Whitworth, Interim City Manager Date approved for execution:______
Approved by Thirteenth Circuit Solicitor:
______W. Walter Wilkins, III, Thirteenth Circuit Solicitor Date approved for execution:______