City Council Agenda
Agenda Of 5-14-2018 Documents:
AGENDA OF 5-14-2018.PDF
Draft 4-23-2018 Formal Minutes Documents:
DRAFT - 4-23-2018 FORMAL MINUTES.PDF
Draft 5-7-2018 Special Formal Minutes Documents:
DRAFT - 5-7-2018 SPECIAL FORMAL MINUTES.PDF
Item 9a Documents:
ITEM 9A - PUBLIC HEARING - ABANDONMENT OF A PORTION OF CROOK STREET.PDF
Item 11a Documents:
ITEM 11A - AGREEMENT - PATIO LEASE WITH LOCAL HAUL, LLC.PDF
Item 11b Documents:
ITEM 11B - APPROPRIATION - 500,000 VERDAE BOULEVARD IMPROVEMENTS PROJECT.PDF
Item 11c Documents:
ITEM 11C - APPROPRIATION - 457,345 FIRE STATION IMPROVEMENTS AND ECONOMIC DEVELOPMENT.PDF
Item 11d Documents:
ITEM 11D - APPROPRIATION - 600,000 DOWNTOWN MASTER PLAN AND COMPREHENSIVE PLAN.PDF
Item 11e Documents:
ITEM 11E - Z-5-2018 REZONE 38 SOUTHLAND AVENUE.PDF
Item 11f Documents:
ITEM 11F - AGREEMENT - ARLINGTON DOWNTOWN GREENVILLE.PDF
Item 12a Documents:
ITEM 12A - AGREEMENT - EASEMENT FOR UNDERGROUND UTILITIES AT HYDE STREET AND WESTFIELD STREET.PDF
Item 14a Documents:
ITEM 14A - Z-24-2017 REZONE BUNCOMBE STREET, WHITNER STREET, HAMPTON AVENUE, DUNCAN STREET - REVISED.PDF
Item 14b Documents:
ITEM 14B - APPROPRIATION - 23,051,404 CAPITAL IMPROVEMENT PROGRAM.PDF
Item 14c Documents:
ITEM 14C - ADOPTION OF FY2018-19 OPERATING BUDGET - AMENDED.PDF
Item 15a Documents:
ITEM 15A - CITY CODE - AMEND CHAPTER 19, MULTIPLE FAMILY DEVELOPMENTS AND MULTIFAMILY DESIGN STANDARDS.PDF
Item 15b Documents:
ITEM 15B - APPROPRIATION -3,500,000 CITY PARK AREA AND RATIFY CONTRACTS.PDF
Item 15c Documents:
ITEM 15C - APPROPRIATION -1,356,940 UTILITY UNDERGROUNDING FOR WEST WASHINGTON STREET.PDF
Item 16a Documents:
ITEM 16A - ACCEPT RIGHT OF WAY FOR HILTON ROAD RELOCATION.PDF
Item 16b Documents:
ITEM 16B - AGREEMENT - ASSISTANCE AND SUPPORT WITH GREENVILLE COUNTY SHERIFFS OFFICE.PDF
Item 16c Documents:
ITEM 16C - MCPHERSON LANE TRAFFIC CALMING.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 5-14-2018 Documents:
AGENDA OF 5-14-2018.PDF
Draft 4-23-2018 Formal Minutes Documents:
DRAFT - 4-23-2018 FORMAL MINUTES.PDF
Draft 5-7-2018 Special Formal Minutes Documents:
DRAFT - 5-7-2018 SPECIAL FORMAL MINUTES.PDF
Item 9a Documents:
ITEM 9A - PUBLIC HEARING - ABANDONMENT OF A PORTION OF CROOK STREET.PDF
Item 11a Documents:
ITEM 11A - AGREEMENT - PATIO LEASE WITH LOCAL HAUL, LLC.PDF
Item 11b Documents:
ITEM 11B - APPROPRIATION - 500,000 VERDAE BOULEVARD IMPROVEMENTS PROJECT.PDF
Item 11c Documents:
ITEM 11C - APPROPRIATION - 457,345 FIRE STATION IMPROVEMENTS AND ECONOMIC DEVELOPMENT.PDF
Item 11d Documents:
ITEM 11D - APPROPRIATION - 600,000 DOWNTOWN MASTER PLAN AND COMPREHENSIVE PLAN.PDF
Item 11e Documents:
ITEM 11E - Z-5-2018 REZONE 38 SOUTHLAND AVENUE.PDF
Item 11f Documents:
ITEM 11F - AGREEMENT - ARLINGTON DOWNTOWN GREENVILLE.PDF
Item 12a Documents:
ITEM 12A - AGREEMENT - EASEMENT FOR UNDERGROUND UTILITIES AT HYDE STREET AND WESTFIELD STREET.PDF
Item 14a Documents:
ITEM 14A - Z-24-2017 REZONE BUNCOMBE STREET, WHITNER STREET, HAMPTON AVENUE, DUNCAN STREET - REVISED.PDF
Item 14b Documents:
ITEM 14B - APPROPRIATION - 23,051,404 CAPITAL IMPROVEMENT PROGRAM.PDF
Item 14c Documents:
ITEM 14C - ADOPTION OF FY2018-19 OPERATING BUDGET - AMENDED.PDF
Item 15a Documents:
ITEM 15A - CITY CODE - AMEND CHAPTER 19, MULTIPLE FAMILY DEVELOPMENTS AND MULTIFAMILY DESIGN STANDARDS.PDF
Item 15b Documents:
ITEM 15B - APPROPRIATION -3,500,000 CITY PARK AREA AND RATIFY CONTRACTS.PDF
Item 15c Documents:
ITEM 15C - APPROPRIATION -1,356,940 UTILITY UNDERGROUNDING FOR WEST WASHINGTON STREET.PDF
Item 16a Documents:
ITEM 16A - ACCEPT RIGHT OF WAY FOR HILTON ROAD RELOCATION.PDF
Item 16b Documents:
ITEM 16B - AGREEMENT - ASSISTANCE AND SUPPORT WITH GREENVILLE COUNTY SHERIFFS OFFICE.PDF
Item 16c Documents:
ITEM 16C - MCPHERSON LANE TRAFFIC CALMING.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 5-14-2018 Documents:
AGENDA OF 5-14-2018.PDF
Draft 4-23-2018 Formal Minutes Documents:
DRAFT - 4-23-2018 FORMAL MINUTES.PDF
Draft 5-7-2018 Special Formal Minutes Documents:
DRAFT - 5-7-2018 SPECIAL FORMAL MINUTES.PDF
Item 9a Documents:
ITEM 9A - PUBLIC HEARING - ABANDONMENT OF A PORTION OF CROOK STREET.PDF
Item 11a Documents:
ITEM 11A - AGREEMENT - PATIO LEASE WITH LOCAL HAUL, LLC.PDF
Item 11b Documents:
ITEM 11B - APPROPRIATION - 500,000 VERDAE BOULEVARD IMPROVEMENTS PROJECT.PDF
Item 11c Documents:
ITEM 11C - APPROPRIATION - 457,345 FIRE STATION IMPROVEMENTS AND ECONOMIC DEVELOPMENT.PDF
Item 11d Documents:
ITEM 11D - APPROPRIATION - 600,000 DOWNTOWN MASTER PLAN AND COMPREHENSIVE PLAN.PDF
Item 11e Documents:
ITEM 11E - Z-5-2018 REZONE 38 SOUTHLAND AVENUE.PDF
Item 11f Documents:
ITEM 11F - AGREEMENT - ARLINGTON DOWNTOWN GREENVILLE.PDF
Item 12a Documents:
ITEM 12A - AGREEMENT - EASEMENT FOR UNDERGROUND UTILITIES AT HYDE STREET AND WESTFIELD STREET.PDF
Item 14a Documents:
ITEM 14A - Z-24-2017 REZONE BUNCOMBE STREET, WHITNER STREET, HAMPTON AVENUE, DUNCAN STREET - REVISED.PDF
Item 14b Documents:
ITEM 14B - APPROPRIATION - 23,051,404 CAPITAL IMPROVEMENT PROGRAM.PDF
Item 14c Documents:
ITEM 14C - ADOPTION OF FY2018-19 OPERATING BUDGET - AMENDED.PDF
Item 15a Documents:
ITEM 15A - CITY CODE - AMEND CHAPTER 19, MULTIPLE FAMILY DEVELOPMENTS AND MULTIFAMILY DESIGN STANDARDS.PDF
Item 15b Documents:
ITEM 15B - APPROPRIATION -3,500,000 CITY PARK AREA AND RATIFY CONTRACTS.PDF
Item 15c Documents:
ITEM 15C - APPROPRIATION -1,356,940 UTILITY UNDERGROUNDING FOR WEST WASHINGTON STREET.PDF
Item 16a Documents:
ITEM 16A - ACCEPT RIGHT OF WAY FOR HILTON ROAD RELOCATION.PDF
Item 16b Documents:
ITEM 16B - AGREEMENT - ASSISTANCE AND SUPPORT WITH GREENVILLE COUNTY SHERIFFS OFFICE.PDF
Item 16c Documents:
ITEM 16C - MCPHERSON LANE TRAFFIC CALMING.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, May 14, 2018 - 5:30 p.m.
1. Call to Order Mayor Knox H. White
2. Invocation Councilmember George Fletcher
3. Pledge of Allegiance
4. Roll Call
5. Approval of the Minutes April 23, 2018 May 7, 2018
6. Communications/Announcements from the Mayor and Council
7. Citizens Wishing to Address Council
8. Presentation None
9. Public Hearing
a. Proposed Abandonment of a portion of Crook Street
10. APPOINTMENTS – Boards and Commissions
a. Youth Commission
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 approve a Patio Lease Agreement between Local Haul, LLC and the city of Greenville for patio located on Perry Avenue (Roll Call)
b. Ordinance to appropriate $500,000 in the General Fund and Capital Projects Fund for the Verdae Boulevard Improvements Project (PW3436) (Roll Call)
Formal Agenda May 14, 2018 Page 2
c. Ordinance to appropriate $457,345 in the General Fund and authorize additional transfers to the Capital Projects Fund for fire station improvements and economic development in the geographic area represented by the terminated Viola TIF (Roll Call)
d. Ordinance to appropriate $600,000 in the General Fund and Capital Projects Fund for the Downtown Master Plan and Comprehensive Plan (Roll Call)
e. Ordinance to rezone approximately 0.67 acre located at 38 Southland Avenue from R-9, Single-family Residential District, to RM-1.5, Single Family and Multi- family Residential District (Tax Map Number 0067050100600)(Z-5-2018) (Roll Call)
f. Ordinance to enter in a Development Agreement with Arlington Downtown Greenville, LLC to authorize the provision of public improvements and to appropriate $39,530 from the Economic Development Project Account for such improvements (Roll Call)
12. NEW BUSINESS -- (Ordinances – First Reading)
a. Ordinance to approve an easement in favor of Duke Energy Carolinas, LLC for the purposes of undergrounding utilities on property located at the intersection of Hyde Street and Westfield Street (Tax Map Number 0051000102600) (Roll Call)
13. NEW BUSINESS -- (Resolutions – First and Final Reading) None
REGULAR AGENDA
14. UNFINISHED BUSINESS -- (Ordinances – Second and Final Reading)
a. Ordinance to rezone four parcels of land consisting of approximately 4.8 acres located at Buncombe Street, Whitner Street, Hampton Avenue, and Duncan Street from OD, Office and Institutional District, C-4, Central Business District, and PD, Planned Development District, to PD, Planned Development District, to construct a mixed use project (Tax Map Numbers 0014000300103, 0014000400400, 0014000401200, and 0014000300800) (Z-24-2017) (REVISED) (Roll Call)
b. Ordinance to appropriate $23,051,404 for the Fiscal Year 2018-19 Capital Budget for the Fiscal Year 2018-19 to Fiscal Year 2022-23 Capital Improvement Program (Roll Call)
Formal Agenda May 14, 2018 Page 3
c. Ordinance to provide for the adoption of a City Operating Budget, its execution and effect, for the fiscal period July 1, 2018, through June 30, 2019, and declaring certain Tax Increment Financing revenues net of debt service payments surplus (REVISED) (Roll Call)
15. NEW BUSINESS -- (Ordinances – First Reading)
a. Ordinance to amend portions of Section 19-5.2.5, Multiple-Family Developments, and Section 19-6.8.9(D)(1), Multifamily Design Standards, Building Facades, of the Code of Ordinances of the City of Greenville to remove text not applicable to Multifamily Standards (Z-8-2018) (Roll Call)
b. Ordinance to ratify certain contracts for the acquisition of land in the City Park area and to appropriate $3,500,000 from the Hospitality Tax Fund for said acquisitions (Roll Call)
c. Ordinance to appropriate $1,356,940 in the Utility Undergrounding Fund for the West Washington Street Undergrounding Project (Roll Call)
16. NEW BUSINESS -- (Resolutions – First and Final Reading)
a. Resolution to accept a dedication from Centerpointe MOB Partnership and Verdae Properties of 0.595 acre (25,929 Square Feet) of public right of way for Hilton Road relocation into the City Street System
b. Resolution to approve a Law Enforcement Assistance, Support, and Jurisdiction Agreement between the City of Greenville Police Department and the Greenville County Sheriff’s Office
c. Resolution to approve certain traffic calming measures on and around McPherson Lane
17. ADJOURN
MINUTES FORMAL MEETING OF CITY COUNCIL
CITY HALL, 206 S. MAIN STREET, COUNCIL CHAMBERS Monday, April 23, 2018 - 5:30 p.m.
1. CALL TO ORDER Mayor Pro Tem Jil Littlejohn
2. INVOCATION Councilmember Russell Stall
3. PLEDGE OF ALLEGIANCE
4. ROLL CALL The following members of City Council were in attendance: Amy Doyle, Lillian Flemming, Jil Littlejohn, Wil Brasington, Russell Stall, and George Fletcher Absent: Mayor Knox White
5. APPROVAL OF THE MINUTES April 9, 2018; Approved as submitted
6. COMMUNICATIONS / ANNOUNCEMENTS FROM THE MAYOR AND COUNCIL None
7. CITIZENS WISHING TO ADDRESS COUNCIL None
8. PRESENTATION None
9. PUBLIC HEARING
a. To solicit public comments on the adoption of the FY2018-19 Annual Operating Budget
No comments were provided during the Public Hearing.
Councilmember Doyle recommended the following list of unfunded budget items presented during a Committee of the Whole meeting on April 3 be referenced.
April 3 - List of Unfunded Project not reflected in the draft CIP or Operating Budget. • Public Safety Administration space* • Additional funding for Affordable Housing initiatives* • Staff capacity/limitations to take on new initiatives* • Stone Avenue Fire Station Replacement • Cleveland Park Master Plan Implementation • Additional Renovations to the Laurens Road Armory • West End Market plaza renovation • Greenline/Spartanburg neighborhood improvements Formal Meeting of City Council April 23, 2018 Page 2
• Augusta and Laurens streetscape plans • Cultural Corridor Urban Trail • Rhett Street area streetscape/road alignment • Salters/Mall Connector alignment (Verdae partnership) • West End Parking • Spring Street Garage expansion • Village of West Greenville Parking • Public Safety Radio replacements • GTA Maintenance Facility * Would impact operating budget
Additional Item - City Park
10. APPOINTMENTS – Boards and Commissions
a. Arts in Public Places
Councilmember Stall recommended the reappointment of Lindsay McPhail, Adam Schrimmer, and Charles Ratterree to a full term each ending April 30, 2021. Councilmember Flemming recommended the appointment of Kate Furman to a full term ending April 30, 2021. There being no further nominations, Ms. McPhail, Mr. Schrimmer, Mr. Ratterree, and Ms. Furman were 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 approve the FY2018 Operating Budget for the South Carolina Technology and Aviation Center Board of Directors and to accept the FY2017 Annual Auditor’s Report
b. Ordinance to amend Article 19-7, Stormwater Management, Section 19-7.9, Variances Waivers and Appeals, of the Code of Ordinances of the City of Greenville to allow a variance to reconstruct a structure damaged or destroyed by casualty which was located within the regulatory floodway where certain specific criteria are met (Z-4-2018)
12. NEW BUSINESS – (Ordinance – First Reading) None
Formal Meeting of City Council April 23, 2018 Page 3
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 provide for the adoption of a City Operating Budget, its execution and effect, for the fiscal period July 1, 2018, through June 30, 2019, and declaring certain Tax Increment Financing revenues net of debt service payments surplus
Councilmember Flemming moved, seconded by Councilmember Brasington, to approve first reading. The motion carried unanimously.
b. Ordinance to annex approximately 18.402 acres of real property located at 1401 Laurens View Road and to provide the zoning designation of RM-2, Single and Multifamily Residential District (Tax Map Number M010030100201) (AX-3-2018)
Councilmember Fletcher moved, seconded by Councilmember Doyle, to approve first reading.
Councilmember Doyle asked about the state of the road. Economic Development Project Manager Kevin Howard stated the address is actually a private drive to the property and does not include any additional roads. Mr. Howard stated the road is a short drive and he is not aware of the status of the road.
After discussion, the motion carried unanimously.
c. Ordinance to approve a Patio Lease Agreement between Local Haul, LLC and the city of Greenville for patio located on Perry Avenue
Councilmember Stall moved, seconded by Councilmember Fletcher, to approve first reading. The motion carried unanimously.
d. Ordinance to appropriate $500,000 in the General Fund and Capital Projects Fund for the Verdae Boulevard Improvements Project (PW3436)
Councilmember Brasington moved, seconded by Councilmember Fletcher, to approve first reading.
Councilmember Doyle requested a status regarding Verdae. City Manager John Castile stated the initial bid came in at $2 million over and after staff reviewed the factors causing the bid to come in over budget, the conditions were adjusted and the Formal Meeting of City Council April 23, 2018 Page 4
project rebidded. Mr. Castile stated the rebid came in $1.5 million less than the initial and that the item went to Committee with a recommendation to move forward. Engineering Services Manager Dwayne Cooper stated the contracts are ready to go out and he anticipates beginning the project in June with the entire project taking a total of 400 days.
After discussion, the motion carried unanimously.
e. Ordinance to appropriate $457,345 in the General Fund and authorize additional transfers to the Capital Projects Fund for fire station improvements and economic development in the geographic area represented by the terminated Viola TIF
Councilmember Flemming moved, seconded by Councilmember Brasington, to approve first reading. The motion carried unanimously.
f. Ordinance to appropriate $600,000 in the General Fund and Capital Projects Fund for the Downtown Master Plan and Comprehensive Plan
Councilmember Fletcher moved, seconded by Councilmember Stall, to approve first reading.
Councilmember Doyle asked if a designer has been chosen. Mr. Castile stated the Ordinance includes two Council initiatives and that RFP responses have been received for the Downtown Master Plan and in the process of receiving responses for the Comprehensive Plan. Mr. Castile stated staff is being mindful of the costs, however, the initiatives may require additional funding in the future. Deputy City Manager Nancy Whitworth stated the proposals for the Comprehensive Plan are in and being reviewed and the Downtown Master Plan consultant recommendations should be forthcoming soon. Ms. Whitworth stated they wanted to have the Downtown Master Plan going in May and have it completed by year end.
Councilmember Fletcher asked about coordinating with the County Master Plan. Ms. Whitworth responded the County has an RFP out which is a little behind the City and there are different requirements for both, however, the City anticipates working with the County regarding areas that surround the City to encourage consistency. Ms. Whitworth referred to the advisory group and recommended asking the consultant to work with the group and to include a tremendous amount of public outreach and engagement on both plans, conducting meetings throughout the City.
After discussion, the motion carried unanimously.
g. Ordinance to rezone approximately 0.67 acre located at 38 Southland Avenue from R-9, Single-family Residential District, to RM-1.5, Single Family and Multi-family Residential District (Tax Map Number 0067050100600) (Z-5-2018)
Councilmember Brasington moved, seconded by Councilmember Fletcher, to approve first reading.
Formal Meeting of City Council April 23, 2018 Page 5
Councilmember Flemming asked about the reason for the change from R-9 to RM- 1.5 and how many units can you place on RM-1.5. Planning and Development Manager Jay Graham responded 15 units can be placed on an RM-1.5 and stated the smallest multi-family that can be used is RM-1.5 that would accommodate the ten units already there. Councilmember Flemming shared her concerns regarding the jump from R-9 to RM-1.5. Councilmember Doyle asked about the Planning Commission vote, and Mr. Graham responded it was a unanimous vote and the developer presented his verbal proposal to put in five to six units, which is a decrease in the density currently there. Councilmember Brasington added that from his conversations with the residents, he did not detect any concerns.
After discussion, the motion carried unanimously.
h. Ordinance to enter in a Development Agreement with Arlington Downtown Greenville, LLC to authorize the provision of public improvements and to appropriate $39,530 from the Economic Development Project Account for such improvements
Councilmember Stall moved, seconded by Councilmember Fletcher, to approve first reading. The motion carried unanimously.
16. NEW BUSINESS – (Resolution – First and Final Reading)
a. Resolution to approve Short-Term Leases from the School District of Greenville County for use of the recreational facilities at Augusta Circle Elementary School, East North Street Academy, Sara Collins Elementary School, and Summit Drive Elementary School
Councilmember Flemming moved, seconded by Councilmember Brasington, to approve first and final reading. The motion carried unanimously.
Councilmember Doyle asked why the City does not have a lease with Greenville High School for the track field. Mr. Castile responded with the swap for the baseball field, he does not recall a lease with the school but there was a commitment not to lock the track to allow for residents to use the facility when not in use by the school.
b. Resolution to approve Leases from the School District of Greenville County for use of the recreational facilities at Augusta Circle Elementary School, East North Street Academy, Sara Collins Elementary School, and Summit Drive Elementary School
Councilmember Brasington moved, seconded by Councilmember Flemming, to approve first and final reading. The motion carried unanimously.
c. Resolution to approve an Agreement between the city of Greenville and April Ridgeway a/k/a April Holtzclaw for the purchase of 125 Fisher Drive
Councilmember Flemming moved, seconded by Councilmember Stall, to approve first and final reading. The motion carried unanimously.
Formal Meeting of City Council April 23, 2018 Page 6
Mr. Castile thanked Council members, Police Chief Ken Miller, and the Urban League for their attendance and participation in an event welcoming Benedict College students to Greenville, establishing and encouraging opportunities to choose Greenville as a place to live and work.
17. ADJOURN. There being no further business, the meeting adjourned at 5:57 p.m.
KNOX H. WHITE, MAYOR
CAMILLA G. PITMAN, MMC, Certified PLS CITY CLERK
MEETING NOTICE POSTED AND MEDIA NOTIFIED ON APRIL 20, 2018.
MINUTES SPECIAL FORMAL MEETING OF CITY COUNCIL
CITY HALL, 206 S. MAIN STREET, COUNCIL CHAMBERS Monday, May 7, 2018 - 5:30 p.m.
1. CALL TO ORDER Mayor Knox H. White
2. ROLL CALL The following members of City Council were in attendance: Mayor Knox White, Amy Doyle, Lillian Flemming, Wil Brasington, Russell Stall, and George Fletcher Absent: Jil Littlejohn
3. PUBLIC HEARING
a. McPherson Lane Traffic Calming
Engineering Services Manager Dwayne Cooper advised the city of Greenville convened a meeting on December 11, 2017, for the McPherson Lane traffic calming study and since the area in question was studied previously and the density had not changed significantly, the City chose to use the same boundaries used by the previous study. Mr. Cooper stated staff reviewed the list of traffic calming devices available for consideration with the group, including making a temporary partial street closure on McPherson Lane into a permanent partial street closure, which is an option under the current traffic calming resolution.
Mr. Cooper stated staff requested volunteers for a study team and in mid-February, the traffic calming team presented its final recommendations to staff. Mr. Cooper stated staff reviewed and determined that each item presented for recommendation could be installed in accordance with the standard traffic engineering practice. Mr. Cooper advised a neighborhood vote was held beginning March 16 with ballots due on April 2. Mr. Cooper stated items receiving the required 70% percent approval were speed humps on Cothran Street, Warner Street, and McDaniel Court, which passed by at least 93% percent, and a partial street closure on McPherson Lane, which passed at 76.6% percent. Mr. Cooper stated Engineering has reviewed the traffic devices that received approval and each device can be installed in a manner that does not prohibit emergency vehicle access to this area.
Councilmember Brasington asked for the general bounds and the consistency of the study area. Mr. Cooper responded the area is bounded by Augusta Road, Faris Road and McDaniel Avenue and those facing McDaniel Court and interior to that area. Mr. Cooper also stated the area did not include residents on Lanneau Drive, Ponce De Leon Drive and those areas. Mr. Cooper advised there are approximately 70 houses in the traffic area and those streets include Cothran Street, Warner Street, Camille Avenue, McDaniel Court, and McPherson Lane. Mr. Cooper added a speed bump already exists on Camille Avenue.
Mayor White stated traffic calming has been a process used in the City for 20 years and referred to the process being flawless without conflict or controversy until now. Councilmember Doyle advised Engineering has brought future traffic calming suggestions to the Committee on Planning and Neighborhood for consideration. Special Formal Meeting of City Council May 7, 2018 Page 2
Michael Hroncheck, 13 Cothran Street, spoke in support of the McPherson Lane one way and provided facts from his research regarding a developer’s request for rezoning and an agreement reached with the neighborhood to install a one way. Mr. Hroncheck asked Council to reaffirm its vote in 2017 and to support the neighborhood’s vote.
Brooks Haselden, 8 Cothran Street, stated the neighbors did not oppose the rezoning because they believed they had a commitment from the City to install the one way. Mr. Haselden asked that the neighborhood vote be honored and the one way be implemented as a permanent measure to calm traffic.
Nancy Theodore, 11 Cothran Street. Deferred time to speak.
Chris Hayes, 901 McDaniel Avenue, shared that he and his wife were upset when they had to go through the traffic calming process after they believed the one way was already a permanent measure. Mr. Hayes stated he served on the committee and believed it to be representative of the traffic study area. Mr. Hayes shared his concern with speed and cut through traffic and referred to city data and statistics collected in November on all the streets. Mr. Hayes asked Council to vote to protect the neighborhood.
Patrick Springhart, 15 Cothran Street, stated the data speaks for itself, it has decreased traffic and there is parity among all the streets in the Greater Greenville area. Mr. Cothran thanked Council for following the process.
Jamie Bach, 14 Cothran Street, shared her concern with commercial encroachments and commented on her participation and involvement in meetings regarding the redevelopment and neighborhood. Ms. Bach stated she has been harassed and threatened and questioned what she has done to deserve such. Ms. Bach asked Council to listen to individuals who have done what they have been asked to do and to work to protect the neighborhood.
Brian Garrison, 1 Longview Terrace, spoke as a resident and a business owner in the area. Mr. Garrison stated traffic has increased at his residence since the partial closing and he believes this will set bad precedence by which any neighborhood can close a road to incoming traffic. Mr. Garrison stated by voting for ratification of the traffic study, it will compound the issue of growth and sprawl, possibly injuring some of the local businesses. Mr. Garrison requested Council vote to keep McPherson Lane open.
David Field, 26 Lanneau Drive, referred to the high amount of traffic on Lanneau Drive and stated Lanneau residents should have been included in the traffic calming vote because of its connectivity between Farris Road and McDaniel Avenue and with McPherson Lane. Mr. Field expressed his concern with increased traffic and its impact on his family and their safety.
Brandon Glenn, 44 Lanneau Drive, stated his children is the reason he wants less through traffic on Lanneau Drive and that traffic has increased on Lanneau since the barricade was installed on McPherson Lane. Mr. Glenn stated the neighborhood is not defined by a sliver of the neighborhood and asked why the City has allowed this matter to escalate. Mr. Glenn shared that he walked last night up McPherson Lane and noticed only one car on the street.
Special Formal Meeting of City Council May 7, 2018 Page 3
Charles Pulliam, 18 McPherson Lane, presented a map of McPherson Lane and surrounding neighborhood and pointed out additional options for entry points into the neighborhood. Mr. Pulliam stated he and some of his neighbors are simply trying to keep commercial traffic from coming into the neighborhood. Mr. Pulliam pointed out that the partial road closure only requires an additional 300 feet of travel to another entry.
Rodney Brewer, 10 Ponce de Leon Drive, stated closing the road is a bad idea and will push traffic into areas that already have their own problems. Mr. Brewer recommended working together to find an alternative solution.
Caroline Avinger, 5 E. Lanneau Drive, stated the bulk of the traffic occurs at the intersection in front of her residence. Ms. Avinger referred to an increase in traffic since the McPherson Lane closure and stated her area of the neighborhood was excluded from the traffic calming vote. Ms. Avinger asked Council to reconsider the one way stop and to conduct an accurate traffic calming survey that includes the entire neighborhood. Ms. Avinger stated there are members in the neighborhood prepared to take legal action to protect their property interest if they are not heard and included in what will protect the entire neighborhood.
Burl Williams, 22 E. Lanneau Drive, shared his embarrassment with the matter having to come before Council, but thanked his neighbors for bringing the matter forward. Mr. Williams referred to neighbors not included in the vote canvassing his area of the neighborhood with ballots. Mr. Williams stated if those ballots were included with the vote taken, the total would be 145 opposed versus 139 support. Mr. Williams recommended taking the advice of Mr. Cooper that closing the road is the last thing you should do. Mr. Williams stated if you close one road, then you must close more than one road.
Bob Knight, 107 Lanneau Drive, presented a photograph of his residence and an email response from the City Manager’s Office and stated his family’s opposition to the partial street closure. Mr. Knight referred to his experience serving on the Greenville County C- Fund Committee and stated this idea should die. Mr. Knight shared his concern with the plan to run emergency vehicles in the opposite direction on a one way street. Mr. Knight urged Council to reconsider the idea and remove the barricade and suggested (1) installing lane lines on McPherson Lane, (2) installing sidewalks on McPherson Lane, and (3) closing the back entrance from Gregory’s Cleaners where you cannot exit out onto McPherson Lane.
Bernie Ellis, 413 E. Seven Oaks Drive, Greenville, stated that in a separate traffic calming experience, his neighborhood installed speed humps which dramatically helped the situation and has served to be very effective.
Carolyn Tomlinson, 204 McPherson Lane, spoke in support of making the one way exit permanent and shared her experience of being hit by a vehicle as a child. Mrs. Tomlinson stated there is a design problem with McPherson Lane and being able to handle additional traffic. Ms. Tomlinson stated it is not an idea situation and is a disaster waiting to happen. Ms. Tomlinson requested consideration of the one way exit only and not a full closure.
Matt Carter, 12 E. Lanneau Drive, stated he is not opposed to the closing but is opposed to the process and commented on actions taken on all sides and how it has affected the neighborhood as a whole. Mr. Carter referred to the City Code and to other developments Special Formal Meeting of City Council May 7, 2018 Page 4
that were not allowed to have a gated community and questioned the difference between them and McPherson Lane. Mr. Carter encouraged Council to stick with the policies.
Curt Hall, 626 McDaniel Avenue, President of the Alta Vista Neighborhood Association, spoke on behalf of a group of individuals and stated the City’s remedy to date is frustrating, confusing and unsatisfactory with people believing the City promised them a one way road and others believing it is ludicrous. Mr. Hall referred to the City Engineer’s report and commented on speculations with the impact and the attempt to appease a few residents. Mr. Hall asked to agree that the right thing to do is take down the barrier, to add additional speed bumps and signage, to evaluate the results, and if a one way is an answer, to allow the entire neighborhood to vote on it.
Frances Elliott, 29 Warner Street, stated she was on the Traffic Study Committee and was one of two who opposed the closure. Ms. Elliott stated the City did not do any pre-barrier measurements of traffic on any street beside McPherson Lane, so there is no data to evaluate how the barrier has changed traffic on any other streets. Ms. Elliott also stated the barrier went up in May 2017 and the Committee was created in December 2017, and her belief is its primary purpose was to keep McPherson Lane blocked.
Marsha Lightsey, 106 McPherson Lane, spoke in support of the one way barrier and shared as a direct result of the process, she has grown fond of neighbors she did not know prior to the issue.
Lisa Van Riper, 234 E. Parkins Mill Road, stated she and her family have supported Council’s vision of economic growth alongside neighborhood development. Ms. Van Riper spoke as a grandmother of three children living in the neighborhood and asked what Council plans to do about traffic calming in this neighborhood and how do you guarantee integrity of process for future questions concerning the neighborhoods in the City. Ms. Van Riper asked Council to think about the larger question because neighborhoods have to be able to trust the process.
Mayor White stated staff has been through the traffic calming process with the neighborhood and a decision will have to be made considering the vote already taken.
4. ADJOURN.
There being no further business, the meeting adjourned at 6:36 p.m.
KNOX H. WHITE, MAYOR
CAMILLA G. PITMAN, MMC, Certified PLS CITY CLERK
MEETING NOTICE POSTED AND MEDIA NOTIFIED ON MAY 4, 2018. DocuSign Envelope ID: D42810A6-170B-4E9B-9594-FE1A9C72A26A
PUBLIC HEARING Agenda Item No. City of Greenville, South Carolina
To: Honorable Mayor and Members of City Council 9a From: John F. Castile, City Manager
NATURE OF ITEM: ✔ Abandonment Annexation/Zoning Street Closure Text Amendment Other Ordinace/Second & Final Reading PUBLIC HEARING DATE: May 14, 2018 PURPOSE OF HEARING: TO RECEIVE PUBLIC COMMENT FOR THE PROPOSED ABANDONMENT OF A PORTION OF CROOK STREET
REQUESTOR/APPLICANT: Mill Village, LLC
SUMMARY BACKGROUND:
The City of Greenville has received a petition from Mill Village, LLC requesting the abandonment of a portion of Crook Street located between Payne Street and South Academy Street (Hwy 123). The proposed area of abandonment measures 6,314 square feet (0.145 acre) as shown on the attached plat and as generally highlighted in red on the attached site location map.
Crook Street is a low-volume, dead-end residential street that provides primary and secondary access to several properties located on Payne Street and Logan Street. The applicant owns multiple properties on each side of the proposed area of abandonment and will combine the right of way with these existing properties. The proposed abandonment will not result in any changes to the traffic circulation, utilities or functional use of Payne Street and Logan Street.
The abandonment has been reviewed by the City Engineering, Public Works, Fire, and Police Departments as well as local utility providers with no objections found. If approved, the abandonment will be subject to the applicant dedicating easements to the existing utility providers with facilities currently located in the right of way.
REQUIRED SIGNATURES
Department Director City Attorney
Zoning Administrator City Manager DocuSign Envelope ID: D42810A6-170B-4E9B-9594-FE1A9C72A26A
NOTE: EXCEPT AS SPECIFICALLY STATED OR SHOWN ON THIS PLAT, THIS SURVEY DOES NOT PURPORT TO REFLECT ANY OF THE FOLLOWING WHICH MAY BE APPLICABLE TO THE SUBJECT REAL ESTATE: RIGHTS-OF- WAY, EASEMENTS, OTHER THAN POSSIBLE EASEMENTS THAT WERE VISIBLE AT THE TIME OF MAKING THIS SURVEY; BUILDING SETBACK UNES; RESTRICTNE COVENANTS; SUBDIVISION RESTRICTIONS; ZONING OR OTHER LAND USE REGULATIONS ANO ANY OTHER FACTS THAT AN ACCURATE AND CURRENT TlTLE SEARCH MAY DISCLOSE . - ANY FLOOD PLAIN DATA SHOWN HEREON IS AN APPROXIMATE LOCATION GRAPHICALLY PLOTTED FROM THE REFERENCED FEMA MAP UNLESS OTHERWISE NOTED. - TH1S SURVEY DOES NOT CONSTITUTE A TITLE RESEARCH, FLOOD STUDY. WETLAND DELINEATION OR ENVIRONMENTAL INSPECTION BY SURVEYOR.
s'I ' , ,c llll'
LOCATION NOT TO SCALE
I HEREBY STATE THAT TO THE BEST OF PROFESSIONAL KNOWLEDGE, INFORMATION. AND BELIEF, THE SURVEY SHOWN HEREIN WAS IN ACCORDANCE WITH THE REQUIREMENTS OF THE STANDARDS OF PRACTICE MANUA SURVEYING IN SOUTH CAROLINA, AND MEETS OR EXCEEDS THE REQUIREMENTS A CLASS "A" SURVEY AS SPECIFIED THEREIN; ALSO THERE ARE NO KNOWN VISIBLE EN R OR PROJECTIONS AFFECTING THE PROPERJY OTHER THAN THOSE SHOWN.
REF PLATS: 1 DB 2499-1015 2 PB 1253, PAGE 68 3 DB 2499-4660 4 PLAT ENTITLED, "BOUNDARY SURVEY F MILL A. CLAY JONES, P.L.S. VILLAGE, LLC", BY CAROLINA SURVEYING s.C. REG. NO. 26210 ---- DATED AUGUST 26, 2016. ------AC - ---- ADEMY S ------TR ------EE ---- ( T ( �� 123) --- VARIABLE WIDTH Pu�Jc IPO 3/4" OT IPO 3/4" CT
S82'46'36"E . 104 72' - 012"RB 85'20'52"E 1 !' ™II 0056000400201
S 23.5 _ ' IPO1/2" OT BENT L9 IPO1/2"RB ' IPO1/2"RB IPO1/2" LlO IPO1/2"RB BENT I SR 0 37.67 \ TM# 0056000402100 ✓ L11 \ \ \ \ � \ � - I - \ \ \ TM# 0056000400900 \ \ IPO1/2"RB I\ \ \ \ \ \ \ \ \ \
' \ \ \ \ \ \ \ \\ ' \ \ \ \ \ \ \ TM# 0056000700200 \ \ \ \ \ \ \ \ \ \ \ \ \ \\ \ - -- LINE TABLE ------LINE # LENGTH - BEARING ------L1 S71'53'38"W 36.BB ------L2 S1Bl6'4B"E 37.55 ---- L3 N51'05'33"E 4.61 \ L4 S82'57'44"E 51.17 I \ L5 N04'54'45"E 3.96 \ L6 S8T00'02"E 27.72 \ \ S5211'24"E 39.55 \ \ LB N83"37'52"E 39.87 \ I \ L9 S85'34'5TE 42.60 \ \ \ BL BUILDING LINE TC/BC TOP/BOTTOM CURB L10 S86'42'34"E 83.45 \ CL CENTERLINE LECTRIC METER TW/BW TOP/BOTTOM WALL N F ' / CMP CORRUGATED METAL PIPE VCP VITRIFIED CLAY PIPE ' REFUGE CHURCH LORD JESUS CHRIST L11 S88'57'43"E 41.28 CT CRIMP TOP ROP INLET @ WATER METER \ DE DRAINAGE EASEMENT LEC TRANS WV[XJwATER VALVE ' DB 1385-44 NOTE: '\ PB 5B-9 THE PURPOSE OF THIS PLAT IS EP EDGE OF PAVEMENT TION -CTV- CABLE TV L1 S18"08'08"E 17.17 ' TO 2 ' IPO IRON PIN OL0-0 HYDRANT - X- FENCE LINE ' TM# 0056000700100 ABANDON A PORTION OF CROOK \PS IRON PIN SET-0 METER -FOG- FIBER OPTIC CABLE L13 STREET AND COMBINE IT AND TM#S: N8810'30"E 29.15 '\' 0056000700200 N&C NAIL & CAP GV VALVE -GAS- GAS LlNE ' OT OPEN TOP LP POLE -OHP- OVERHEAD POWER TOTAL AREA 0056000402100 RB REBAR PP POLE -OHT- OVERHEAD TELEPHONE L14 S1T59'16"E 28. BB ' 94,748 SQ.Fr. 0056000401700 RCP REINFORCED CONG PIPE GP Y ANCHOR -SD- STORM DRAIN ' R/W RIGHT OF WAY SDMH MANHOLE SS- SANITARY SEWER L15 S72ll0'14"W 3 .B2 '\' 0056000401000 - 8 ' 2.175 ACRES SD STORM DRAIN SSMH MANHOLE -UGP- UNDERGROUND POWER 0056000400900 '\ SS SANITARY SEWER TMH MANHOLE -UGT- UNDERGROUND TEL ' 0066000400200 CO OUT -W- WATER LINE ' '\ SSE SS EASEMENT 0056000402700 0056000402600 ROAD ABANDONMENT RECOMBINATION SURVEY FOR '\' ' 0056000402500 0056000402400 Ml VILLAGE, LLC 0056000402300 GREENVILLE NTY, SOUTH CAROLINA '\ SCALE PROPERT'f ADDRESS TAX PIN ' 0056000402200 ' INTO ONE PARCEL. 1" = 30' ACADEMY STREET S HWY 123) SEE NOTE '\ 30 0 30 60 FIELD CREW DRAWN BY IMPROVEMENTS NOT SHOWN THIS TH/MS GCC DATE. DESIGN, INC. N INEERS - SURVEYORS - LANDSCAPE ARCHITECTS
. ST, STE. B GREENVILLE, SC 29601 PH (864)271-0496 FAX' (864)271-0402 S180160 ww.sitedesign-inc.com DocuSign Envelope ID: D42810A6-170B-4E9B-9594-FE1A9C72A26A AB 18-01 Crook Street Abandonment
Legend Fire Hydrants (Fire House) In Service
Not In Service GWS Water Lines (July 2017 Active Sewer Manholes Other/Unknown Proposed Area of City of Greenville Abandonment Private Abandoned / Decommission Manholes Abandoned
Decommissioned Active Sewer Gravity Mains City of Greenville - Surveyed
City of Greenville, Not Surveyed
Private - Surveyed
Private - Not Surveyed
Unknown - Surveyed
Unknown - Not Surveyed Abandoned / Decommission Mains Abandoned
Decommissioned Known Sewer Easements Gantt Sewer Manholes Gantt Sewer Gravity Mains Metro Sewer Manholes 1: 1,200 Metro Sewer Gravity Mains
Notes
200 0 100 200 Feet This map is user generated from the City of Greenville's MapIT 2.0 intranet mapping site and is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable and NAD_1983_HARN_StatePlane_South_Carolina_FIPS_3900_Feet_Intl should be appropriately used with caution. Contact the GIS Division for all © City of Greenville, SC Date Created: 4/11/2018 questions pertaining to the MapIT 2.0 program and data. DocuSign Envelope ID: EEA8AADF-7870-472E-9B00-4A0C82E12857
REQUEST FOR COUNCIL ACTION Agenda Item No. City of Greenville, South Carolina
To: Honorable Mayor and Members of City Council 11a From: John F. Castile, City Manager
Ordinance/First Reading ✔ Ordinance/Second & Final Reading Resolution/First & Final Reading Information Only
AGENDA DATE REQUESTED: May 14, 2018
ORDINANCE/RESOLUTION CAPTION: TO APPROVE A PATIO LEASE AGREEMENT BETWEEN LOCAL HAUL, LLC AND THE CITY OF GREENVILLE FOR PATIO LOCATED ON PERRY AVENUE
SUMMARY BABCKGROUND: Local Haul, LLC, d/b/a The Anchorage, operates a restaurant at 586 Perry Avenue, adjacent to the newly-constructed public patio in the Village of West Greenville.
The Anchorage desires to lease a portion of the public patio for the limited purposes of dining space for guests to include the selling and serving of alcohol.
The City desires to create a vibrant district in the Village of West Greenville and is willing to consent to such lease in recognition of The Anchorage’s unique location and its type of business activity.
The City nonetheless desires to preserve reasonable access by the public at large to the remainder of the public patio for passive uses on a day to day basis, and also wishes to preserve the City’s right to make the public patio, excluding the area leased by The Anchorage, available to small groups for special events in accordance with the City’s standard practices.
IMPACT IF DENIED OR APPROVED: If denied, the Lease Agreement will not be approved. If approved, the Lease Agreement will be approved.
FINANCIAL IMPACT: The City will receive $636.00 per year for five years.
REQUIRED SIGNATURES
Department Director City Attorney
OMB Director City Manager DocuSign Envelope ID: EEA8AADF-7870-472E-9B00-4A0C82E12857 Ordinance No. 2018-______
A N O R D I N A N C E
TO APPROVE A PATIO LEASE AGREEMENT BETWEEN LOCAL HAUL, LLC AND THE CITY OF GREENVILLE FOR PATIO LOCATED ON PERRY AVENUE
WHEREAS, Local Haul, LLC, a South Carolina limited liability corporation, whose business address is 586 Perry Avenue, Greenville South Carolina 29611, d/b/a The Anchorage (hereinafter, “Anchorage”) operates a restaurant in a commercial building having an area of approximately 2,800 square feet on Perry Avenue in the Village of West Greenville (“Restaurant”); and
WHEREAS, the Restaurant abuts a public patio on Perry Avenue, between Pendleton Street and Branwood Street (“Patio”); and
WHEREAS, the city of Greenville desires to create a vibrant district in the Village of West Greenville and has developed Design and Use Guidelines for the Patio; and
WHEREAS, Anchorage desires to lease a portion of the Patio for the limited purposes of dining space for guests to include the selling and serving of alcohol, that portion of the Patio to be leased to the Anchorage hereinafter referred to as the “Lease Area”; and
WHEREAS, the City is willing to consent to a leasing arrangement in recognition of Anchorage’s unique location and its type of business activity, according to all the terms and conditions more particularly set out herein; and
WHEREAS, the City nonetheless desires to preserve reasonable access by the public at large to the remainder of the Patio for passive uses on a day to day basis, and also wishes to preserve the City’s right to make the Patio, excluding the Lease Area, available to small groups for special events in accordance with the City’s standard practices;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GREENVILLE, SOUTH CAROLINA, City Council approves entering into a Patio Lease Agreement with Local Haul, LLC in substantially the same form as that Patio Lease Agreement which is attached hereto as Exhibit A and incorporated herein by reference. The City Manager is authorized to execute the document on behalf of the City. Minor changes and modifications to the Patio Lease Agreement as provided in the exhibit are authorized as may be necessary or appropriate to allow for a final version mutually acceptable to the parties, provided the minor changes do not alter the material purposes of the agreement. Should the City Manager or City Attorney, or both, determine that any proposed modification of terms is significant and warrants further action by Council, then the matter shall be presented to and reviewed by City Council before the final execution. DocuSign Envelope ID: EEA8AADF-7870-472E-9B00-4A0C82E12857 Ordinance No. 2018 -_____ Page 2
DONE, RATIFIED AND PASSED THIS THE _____ DAY OF ______, 2018.
______MAYOR ATTEST:
______CITY CLERK
APPROVED AS TO FORM:
______CITY ATTORNEY
REVIEWED:
______CITY MANAGER
DocuSign Envelope ID: EEA8AADF-7870-472E-9B00-4A0C82E12857 Ordinance No. 2018 -_____ Page 3
EXHIBIT A
STATE OF SOUTH CAROLINA ) ) PATIO LEASE AGREEMENT COUNTY OF GREENVILLE )
This Patio Lease Agreement (the “Lease”) is made and entered into this ______day of ______, 2018, by and between the City of Greenville, South Carolina, a municipality under the laws of the State of South Carolina (hereinafter, “City”) and Local Haul, LLC, a South Carolina limited liability corporation, whose business address is 586 Perry Avenue, Greenville South Carolina 29611, d/b/a The Anchorage (hereinafter, “Anchorage”).
WHEREAS, Anchorage operates a restaurant in a commercial building having an area of approximately 2,800 square feet on Perry Avenue in the Village of West Greenville (“Restaurant”); and
WHEREAS, the Restaurant abuts a public patio on Perry Avenue, between Pendleton Street and Branwood Street (“Patio”); and
WHEREAS, the City desires to create a vibrant district in the Village of West Greenville and has developed Design and Use Guidelines for the Patio, as more fully set forth on Exhibit A, attached hereto and made a part hereof for all purposes; and
WHEREAS, Anchorage desires to lease a portion of the Patio for the limited purposes of dining space for guests to include the selling and serving of alcohol, that portion of the Patio to be leased to the Anchorage hereinafter referred to as the “Lease Area”; and
WHEREAS, the City is willing to consent to such lease in recognition of Anchorage’s unique location and its type of business activity, according to all the terms and conditions more particularly set out herein; and
WHEREAS, the City nonetheless desires to preserve reasonable access by the public at large to the remainder of the Patio for passive uses on a day to day basis, and also wishes to preserve the City’s right to make the Patio, excluding the Lease Area, available to small groups for special events in accordance with the City’s standard practices.
NOW, THEREFORE, for and in consideration of the lease payments recited herein and for other good and valuable considerations, including the promises contained herein, the receipt and sufficiency of which is acknowledged, the parties hereto agree as follows:
City does hereby lease and let unto Anchorage the Lease Area according to all the terms and conditions as more particularly set out herein, to wit:
1. LEASE AREA IDENTIFIED AND DEFINED. The Lease Area is that space of improvements located on Perry Avenue adjacent to the Anchorage and consists of approximately 318 +/- square DocuSign Envelope ID: EEA8AADF-7870-472E-9B00-4A0C82E12857 Ordinance No. 2018 -_____ Page 4
feet located in the State of South Carolina, County and City of Greenville, all as more fully set out and shown on that drawing attached hereto and made a part hereof for all purposes as Exhibit B.
2. TERM. The Lease shall be for an initial term of five years, commencing on ______, 2018 and terminating on ______, 2023 (“Initial Term”). Anchorage may extend the Lease for one additional five-year term by delivering to the City no later than sixty (60) days prior to the expiration of the Initial Term a written notice of its intent to exercise said extension.
3. AUTHORIZED USE AND LIMITATIONS. a. Anchorage may use the Lease Area for outside dining including the selling and serving of alcohol in association with Anchorage’s business operation in the Restaurant provided that Anchorage complies with all State and local laws and requirements regarding the serving of alcohol. b. To accomplish its purpose of outside entertaining, Anchorage may place tables and chairs, umbrellas, planters, railings and other similar furnishings, on the Lease Area. Tables and chairs must be matching and must be made of safe, sturdy and durable material, such as wood, steel, or wrought iron. All furniture shall be commercial grade and manufactured for outdoor commercial use. Breakable plastics, unfinished lumber, and furniture that structurally or by its finish are inappropriate for a public patio are prohibited. Anchorage will maintain all furnishings on the Lease Area in good repair at all times and will clean the furnishings and Lease Area regularly. Anchorage assumes the sole risk of costs and damages incurred as a consequence of vandalism or theft. Furniture and design of planters and other furnishings on the Lease Area must be in good taste and consistent with the furnishings and styles found in the greater Patio area, unless otherwise specifically approved by City. c. No live music, bars or other forms of mechanical or amplified entertainment are permitted on the Lease Area. Additionally, Anchorage shall not use or allow the use of the Lease Area to create a level of sound and/or noise, whether by mechanical means or by persons, that disturbs or unreasonably interferes with the use of surrounding properties and/or businesses. d. Anchorage shall not use the Lease Area, or allow same to be used, for the treatment, storage, use or disposal of toxic or hazardous waste or substances, or any other substance that is prohibited by any governmental entity having jurisdiction thereof. e. Notwithstanding the foregoing, the Lease Area shall not be used for any offensive, noisy and/or dangerous trade or business, as determined by the sole and reasonable judgment of City, or in violation of any law, ordinance, or regulation of any governmental body or authority having jurisdiction of Anchorage and/or the Lease Area. f. In the event that City reasonably establishes that Anchorage’s business activities on the Lease Area are promoting, on a recurring basis, the gathering in the area of persons whose conduct harasses or intimidates other persons in lawful use of the surrounding areas, then Anchorage shall, upon City's request, secure the services of security personnel to give notice to the persons engaged in such harassment and/or intimidation to leave the area or be placed on trespass notice. DocuSign Envelope ID: EEA8AADF-7870-472E-9B00-4A0C82E12857 Ordinance No. 2018 -_____ Page 5
g. During use of the Lease Area, Anchorage shall comply with all federal, state, and local laws, including but not limited to all Americans with Disabilities Act (“ADA”) requirements.
4. TERMINATION OF LEASE. a. Anchorage shall have the right to terminate this Lease upon thirty (30) days written notice to the City and upon termination be relieved of all obligations not incurred prior to the date of such termination. b. The City shall have the right to terminate the Lease upon fifteen (15) days written notice to Anchorage of Anchorage’s breach and/or default of Anchorage’s obligations hereunder unless Anchorage cures such breach and/or default within the fifteen day period; or upon thirty (30) days written notice to Anchorage if the City reasonably determines that the needs of the public require such termination. c. In the event that the Lease Area and/or Patio is damaged by fire, weather events, human actions, or any other occurrences, to the extent that such damage has substantially destroyed the Lease Area and/or Patio so as to render its restoration uneconomic, then City, at its option, may terminate this Lease and be relieved of any further obligations to Anchorage hereunder. Should City not elect to terminate this Lease, and instead undertake the restoration of the Lease Area and/or Patio, then it is agreed that City, during the course of such restoration, shall not be in violation of any of City’s obligations to Anchorage by virtue of City’s restoration efforts hereunder.
5. USE PAYMENT. During the Initial Term of the Lease, Anchorage hereby covenants and agrees to pay the City the sum of $2.00 per square foot, totaling Six Hundred and Thirty-six Dollars ($636.00), per year on or before ______of each year, by delivering payment to the City of Greenville, Attention OMB Director, Post Office Box 2207, Greenville, South Carolina 29602.
6. ANCHORAGE ALTERATIONS. Anchorage shall not make, or suffer to be made, any alterations to the Lease Area, other than as set out herein, without the prior express written consent of the City.
7. RESTORATION UPON TERMINATION. Anchorage shall, at its sole expense, remove all personal property and restore the Lease Area to its original condition upon the expiration or termination of this Lease.
8. MAINTENANCE OF LEASE AREA. Anchorage shall, at its sole expense, maintain the Lease Area in a clean and presentable condition at all times, free of any accumulated dirt, trash, or other items, including but not limited to food, paper, boxes or other waste materials associated with Anchorage’s usage. The parties hereto acknowledge that any necessary repairs to the Lease Area and/or the Patio may necessitate closure of the Lease Area and/or Patio for some period of time, other than as a result of casualty or force majeure pursuant to Section 4.c above, in which case the Lease may be terminated by Lessor without further liability or obligation on the part of the Lessor. Lessee herby waives, holds harmless and releases the Lessor from any and all claims associated with such closure, if any, including but not limited to, loss of business.
DocuSign Envelope ID: EEA8AADF-7870-472E-9B00-4A0C82E12857 Ordinance No. 2018 -_____ Page 6
9. PAYMENT OF TAXES AND OTHER ASSESSMENTS. During the term of this Lease, including any extensions thereof, Anchorage shall reimburse the City for payment of all real estate taxes and assessments of any type on the Lease Area, if any, whether now known and anticipated or not.
10. ASSIGNMENT. Neither this Lease nor any duty or benefit under it shall be assigned by Anchorage, in whole or in part, without the prior express written consent of the City. Should the Lease, or any interest in it, be transferred involuntarily by operation of law, then the Lease shall terminate automatically, without any action necessary on City’s part, and the City may be relieved of all obligations hereunder.
11. WAIVER OF COVENANTS. It is agreed that the waiver of the breach of any of the covenants of the Lease by either party, shall be limited to the particular breach and shall not be deemed to be a waiver of any other breaches of such covenant or any other provision herein contained. No forbearance by either party to seek a remedy for any breach of the Lease shall be deemed a waiver by such party of its rights or remedies with respect to such breach.
12. DEFAULT BY ANCHORAGE. The Lease is made upon the condition that Anchorage shall punctually and faithfully preform all of its covenants and obligations as herein set forth. Anchorage shall be in default of its obligations, herein, in the event that any of the following shall occur, to wit: (a) any use payment, taxes, or other sums required to be paid by Anchorage hereunder, or any part thereof, shall at any time be in arrears and unpaid for a period of ten (10) days after the City sends written demand therefore; or (b) Anchorage shall file a petition for bankruptcy or be adjudicated as bankrupt, or file a petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any present or future federal, state, or other governmental statue, law or regulation, or make an assignment for the benefit of creditors; or (c) any trustee, receiver or liquidator shall be appointed for Anchorage for all or any substantial portion of its properties in any action, suit or proceeding by or against Anchorage and such proceeding or action shall not have been dismissed within sixty (60) days after such appointment; or (d) the Lease Area shall be taken on execution or by process of law; or (e) Anchorage shall admit in writing its inability to pay its obligations generally as they become due; or (f) there be any default on the part of Anchorage in the observance or performance of any of the other covenants, obligations, or conditions of the Lease on the part of Anchorage to be kept and performed, and the default shall continue for a period of fifteen (15) days after written notice thereof from the City to Anchorage; or the Lease Area and/or Patio is destroyed beyond repair in the reasonable opinion of the City. Notwithstanding anything herein to the contrary, Anchorage shall remain liable for all damages attributable to Anchorage prior to the termination of the Lease, for any cause, and it is specifically understood and agreed by the parties hereto that the indemnification set out in Section 17, herein, shall survive beyond the term of the Lease to cover all such damages.
13. NOTICES. Any notice, demand or other instrument or written communication required or permitted to be given, served, made, or delivered hereunder may be given, served, made, or delivered by hand delivering same, or by mailing same in the United States Mail, postage prepaid, addressed to the following:
DocuSign Envelope ID: EEA8AADF-7870-472E-9B00-4A0C82E12857 Ordinance No. 2018 -_____ Page 7
City: City of Greenville Attention: City Manager Post Office Box 2207 Greenville, SC 29602
Local Haul, LLC: Local Haul, LLC Attention: Greg McPhee 403 Russell Avenue Greenville, SC 29609
14. SIGNS. No signs of any type shall be installed or otherwise placed on or near the Lease Area without prior written approval and consent of City, which consent shall be given, or withheld, as City, in its sole discretion, determines most advisable, and in compliance with City sign ordinance.
15. RIGHTS OF SUCCESSORS AND ASSIGNS. The rights and obligations herein contained shall inure to, and are binding upon, the successors and assigns of the parties hereto.
16. LEASE AREA IMPROVEMENT REQUIRED TO BE MADE BY ANCHORAGE. None.
17. INSURANCE. All of Anchorage’s property kept or maintained on the Lease Area shall be so kept or maintained at the sole risk and expense of Anchorage. Anchorage agrees to maintain a general liability policy or policies of insurance, including but not limited to liquor liability insurance, at the sole cost and expense of Anchorage, with City named as additional insured thereon, to cover all claims, demands or actions for injury to or death of person(s) in an amount of not less than $1,000,000 per occurrence, and to cover damage to property arising from, related to, or in any way connected with the conduct of and operation of Anchorage’s use of the Lease Area, in an amount of not less than $1,000,000 per occurrence. Further, Anchorage shall maintain Workers’ Compensation Insurance at statutory limits for all of Anchorage’s employees and such insurance shall comply with all applicable state laws and provide a waiver of subrogation against the City, its officers, officials, agents and employees. The policy or policies, or duly executed certificate(s) for same, together with satisfactory evidence of the payment of the premium therefor, shall be submitted to City, at e-mail [email protected], on or before the time of Anchorage’s execution of the Lease. Further, it shall be an affirmative obligation upon Anchorage to advise City, by e-mail sent to [email protected], within two days of the cancellation or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Lease.
18. INDEMNIFICATION OF THE CITY Notwithstanding anything herein to the contrary, Anchorage shall indemnify and hold the City free and harmless from and against any and all liabilities, losses, claims, judgments, suits, causes of action and/or expenses of any kind or nature, resulting from personal injury and/or death to persons, or property damage, resulting from or in any way arising out of use of the Lease Area by Anchorage or its employees, contractors, agents, and/or licensees, including the payment of reasonable attorneys’ fees, except where such injury or damage is caused by the gross negligence or willful misconduct of the City. Should the City be named in any suit, action or claim under the terms DocuSign Envelope ID: EEA8AADF-7870-472E-9B00-4A0C82E12857 Ordinance No. 2018 -_____ Page 8
hereof, then Anchorage shall appear and defend the City at its sole cost and expense; provided that the City shall always have the option to appear and defend such action or claim on its own behalf, and all reasonable costs for same shall be borne by Anchorage. The foregoing indemnity shall survive the expiration or termination of this Lease.
19. TIME. It is understood and agreed by and between the parties hereto that time is of the essence as to the performance of all terms and conditions of this Lease.
20. GOVERNING LAW AND VENUE. The Lease and the rights, obligations and remedies of the parties hereto, shall in all respects be governed by and construed in accordance with the laws of the State of South Carolina, without reference to its conflict of law provisions, and venue for the resolution of all disputes regarding the terms of this Lease or the performance thereunder, whether in law or in equity, shall be exclusively in the courts of Greenville County, South Carolina.
21. MISCELLANEOUS. The heading, captions and numbers in this Lease are solely for convenience and shall not be considered in construing or interpreting any provision of the Lease. The Lease contains all agreements promises and understandings between the City and Anchorage, and no verbal or oral agreements, promises, statements, assertions or representations to the contrary by the City or Anchorage or any employees, agents’ contractors or other representations of either, shall be binding upon the City or Anchorage. It is further specifically understood and agreed by and between the parties hereto that the entering into the Lease in no way relieves Anchorage of the responsibility to obtain any necessary licenses, authorizations or permits of any federal, state, or local government body having jurisdiction hereof, nor does it create any rights in favor of any third party.
IN WITNESS WHEREOF, the parties hereto have executed this Lease on the date first above written.
DocuSign Envelope ID: EEA8AADF-7870-472E-9B00-4A0C82E12857 Ordinance No. 2018 -_____ Page 9
WITNESSES: CITY OF GREENVILLE, SOUTH CAROLINA
______By: ______John F. Castile City Manager ______
STATE OF SOUTH CAROLINA ) ) ACKNOWLEDGMENT COUNTY OF GREENVILLE )
The foregoing instrument was acknowledged before me this _____ day of ______, 2018 by John F. Castile, City Manager for the City of Greenville.
______Notary Public for South Carolina ______Printed Name of Notary My Commission Expires: ______
WITNESSES: LOCAL HAUL, LLC
______By: ______
______Title: ______
STATE OF SOUTH CAROLINA ) ) ACKNOWLEDGMENT COUNTY OF GREENVILLE )
The foregoing instrument was acknowledged before me this _____ day of ______, 2018 by ______, ______of Local Haul, LLC, d/b/a The Anchorage.
______Notary Public for South Carolina ______Printed Name of Notary My Commission Expires: ______
DocuSign Envelope ID: EEA8AADF-7870-472E-9B00-4A0C82E12857 Ordinance No. 2018 -_____ Page 10
Approved as to Form:
______Legal Department
Reviewed by:
______Economic Development Director
______Public Information & Events Director
______OMB Director
______Risk Manager
Received by:
______Purchasing Administrator
DocuSign Envelope ID: EEA8AADF-7870-472E-9B00-4A0C82E12857 Ordinance No. 2018 -_____ Page 11
EXHIBIT A
Patio Design & Use Guidelines
General The Lease Area shall be kept clean and free of litter. Outdoor heaters are not permitted. Storage is not permitted within the plaza. Bars, live or amplified music, or other forms of entertainment are not permitted. Users shall also comply with any other applicable ordinances of the City.
Outdoor Furniture, Planters and Railings All furniture, planters and railing must complement the design of the plaza, building and the business. All furniture, planters and railings must be placed within the Lease Area. All furniture shall be commercial grade and manufactured for outdoor commercial use. Tables and chairs must match, and must be made of safe, sturdy, and durable material, such as wood, steel or wrought iron. Breakable plastics and unfinished lumber will not be approved. Railings and planters shall not be made of wood. All furniture, planters and railings must be movable and are not permitted to be attached to pavers. Umbrellas must be a solid color, free of corporate names and logos, and maintain a minimum canopy height of seven feet (7’), and shall be subject to approval by City staff. Railings must be self-supporting, no lower than thirty inches (30”) and no higher than forty inches (40”). Railing shall integrate planters into their design. Planters must be no lower than twenty-five inches (25”) and no higher than thirty inches (30”). Planters and landscaping shall be colorful and well maintained by businesses for all seasons. The City reserves the right to remove planters that are not maintained by businesses.
Signs Signs must complement the design of the plaza, building and the business, and shall be subject to approval by City staff. Signs must be placed within Lease Area. Signs must be freestanding and movable. The sign face shall not exceed twelve (12) square feet in area. The sign height shall not exceed four feet (4’), measured vertically from the ground to the top of the sign, nor three feet (3’) in width measured from its widest points. No sign shall contain or display any advertising except for the name and/or logo of the licensed restaurant.
DocuSign Envelope ID: EEA8AADF-7870-472E-9B00-4A0C82E12857 Ordinance No. 2018 -_____ Page 12
EXHIBIT B
Lease Area
DocuSign Envelope ID: D37253A7-2722-45BA-9FBA-D0E026A485E7
REQUEST FOR COUNCIL ACTION Agenda Item No. City of Greenville, South Carolina
To: Honorable Mayor and Members of City Council 11b From: John F. Castile, City Manager
Ordinance/First Reading ✔ Ordinance/Second & Final Reading Resolution/First & Final Reading Information Only
AGENDA DATE REQUESTED: May 14, 2018
ORDINANCE/RESOLUTION CAPTION: TO APPROPRIATE $500,000 IN THE GENERAL FUND AND CAPITAL PROJECTS FUND FOR THE VERDAE BOULEVARD IMPROVEMENTS PROJECT (PW3436)
SUMMARY BACKGROUND: This purpose of this action is to increase the City's contribution to the Verdae Boulevard Improvements Project due to higher than expected construction bid prices. This project was bid twice and came in substantially over budget both times. City staff was able to negotiate with the low bidder in order to bring the project cost down to an acceptable level. This action will increase the total project budget to $4.6 million. Other funding sources for the project include SCDOT, Verdae Development and the City's Installment Purchase Revenue Bond, Series 2016.
IMPACT IF DENIED OR APPROVED: If approved, the project will move forward. If denied, the project will not be able to move forward.
FINANCIAL IMPACT: This action reduces General Fund Fund Balance by $500,000. The FY2016-17 ending available fund balance, net of the 20% reserve, was in excess of $8 million.
REQUIRED SIGNATURES
Department Director City Attorney
OMB Director City Manager DocuSign Envelope ID: D37253A7-2722-45BA-9FBA-D0E026A485E7 Ordinance No. 2018-___
A N O R D I N A N C E
TO APPROPRIATE $500,000 IN THE GENERAL FUND AND CAPITAL PROJECTS FUND FOR THE VERDAE BOULEVARD IMPROVEMENTS PROJECT (PW3436).
WHEREAS, City Council has previously appropriated funding for the Verdae Boulevard Improvements Project (PW3436); and
WHEREAS, the City released an Invitation for Bid and subsequently re-bid this project, with both the original and re-bid receiving construction bids substantially in excess of the available budget; and
WHEREAS, City staff was able to negotiate and significantly reduce the contract pricing for the project; and
WHEREAS, City Council wishes to increase available funding for the project so that it can move forward, pending receipt of matching funds from the City’s partners on the project, SCDOT and Verdae Development;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GREENVILLE, SOUTH CAROLINA, the amount of $500,000 is appropriated in the General Fund and Capital Projects Fund 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 ______, 2018.
______MAYOR ATTEST:
______CITY CLERK
APPROVED AS TO FORM:
______CITY ATTORNEY
REVIEWED:
______CITY MANAGER DocuSign Envelope ID: D37253A7-2722-45BA-9FBA-D0E026A485E7 Ordinance No. 2018 -_____ Page 2
EXHIBIT BUDGET AMENDMENT - 2018 Verdae Boulevard Improvements
BUDGET General Fund/Capital Projects Fund REQUESTED BY Public Works
FISCAL YEAR 2017-18 DATE
INCREASE DECREASE
Description Description
General Fund Fund Balance Appropriated (Rev) 500,000
Transfer to Capital Projects (Exp) 500,000
Capital Projects Fund Transfer from General Fund (Rev) 500,000
Construction (Exp) 500,000
Explanation: To appropriate $500,000 in the General Fund and Capital Projects Fund for the Verdae Boulevard Improvements 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
010-0000-390.10-01 500,000 341-0000-101.05-00 DR 500,000
010-1590-491.81-41 500,000 010-0000-101.05-00 CR 500,000
PW3436 341-0000-391.81-10 500,000 010-1590-491.81-41 DR 500,000
PW3436 341-9010-433.68-04 500,000 PW3436 341-0000-391.81-10 CR 500,000
Total 2,000,000 Total 2,000,000
Prepared By Posted By Date Number
DocuSign Envelope ID: CF192E2B-D405-4A7E-9115-78543AF8AE68
REQUEST FOR COUNCIL ACTION Agenda Item No. City of Greenville, South Carolina
To: Honorable Mayor and Members of City Council 11c From: John F. Castile, City Manager
Ordinance/First Reading ✔ Ordinance/Second & Final Reading Resolution/First & Final Reading Information Only
AGENDA DATE REQUESTED: May 14, 2018
ORDINANCE/RESOLUTION CAPTION: TO APPROPRIATE $457,345 IN THE GENERAL FUND AND AUTHORIZE ADDITIONAL TRANSFERS TO THE CAPITAL PROJECTS FUND FOR FIRE STATION IMPROVEMENTS AND ECONOMIC DEVELOPMENT IN THE GEOGRAPHIC AREA REPRESENTED BY THE TERMINATED VIOLA TIF
SUMMARY BACKGROUND: This Ordinance authorizes additional General Fund expenditures in the amount of $457,345. These additional expenditures have a net impact of zero to the General Fund budget because they are offset with matching revenues. The amount of $31,565 will be appropriated as a Transfer to the Capital Projects Fund for ED3499 - Economic Development Project Account (Viola). The amount of $151,532 will be appropriated as a Transfer to the Capital Projects Fund for PS3428 - Fire Station Improvements. Both of those transfers are revenue-driven, so the transfers increase as additional revenue is received. The amount of $274,248 will be appropriated in various accounts related to the City's contribution towards employee retirement benefits. This matches the amount of revenue being recognized as a credit from PEBA, which is 1% percent of the 2% percent increase in employer contributions for FY2017-18.
IMPACT IF DENIED OR APPROVED: If approved, the City's budget will be increased to match expected expenditures.
FINANCIAL IMPACT: There is no financial impact. This action increases both revenues and expenditures, so the net effect is zero.
REQUIRED SIGNATURES
Department Director City Attorney
OMB Director City Manager DocuSign Envelope ID: CF192E2B-D405-4A7E-9115-78543AF8AE68 Ordinance No. 2018-______
A N O R D I N A N C E
TO APPROPRIATE $457,345 IN THE GENERAL FUND AND AUTHORIZE ADDITIONAL TRANSFERS TO THE CAPITAL PROJECTS FUND FOR FIRE STATION IMPROVEMENTS AND ECONOMIC DEVELOPMENT IN THE GEOGRAPHIC AREA REPRESENTED BY THE TERMINATED VIOLA TIF
WHEREAS, the city of Greenville receives property tax revenues attributable to the geographic area represented by the terminated Viola TIF; and
WHEREAS, pursuant to City Council direction these property tax funds now credited to the General Fund are transferred to a project (ED3499) for future Economic Development investment in the area; and
WHEREAS, the City levied a 4 mill tax increase in FY 2015-16 to fund the construction and operations of Fire Station #1 (Verdae); and
WHEREAS, pursuant to City Council direction property tax revenues attributable to that millage in excess of debt service and operations are transferred to a project (PS3428) for additional investment in building and improving fire stations; and
WHEREAS, the City’s required contribution for general employee and police officer retirements increased by 2% percent in FY2017-18; and
WHEREAS, the City’s adopted FY2017-18 budget only included 1% percent of the increase in anticipation of State assistance; and
WHEREAS, the City has received a credit from PEBA in the amount of $274,248 to reduce the City’s liability for the 2% percent contribution increase;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GREENVILLE, SOUTH CAROLINA, the amount of $457,345 is appropriated in the General Fund 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 ______, 2018.
______MAYOR ATTEST:
______CITY CLERK
APPROVED AS TO FORM:
______CITY ATTORNEY
REVIEWED:
______CITY MANAGER DocuSign Envelope ID: CF192E2B-D405-4A7E-9115-78543AF8AE68 Ordinance No. 2018 -_____ Page 2
EXHIBIT BUDGET AMENDMENT - 2018 General Fund Budget Adjustments
BUDGET General Fund REQUESTED BY OMB
FISCAL YEAR 2017-18 DATE
INCREASE DECREASE
Description Description
General Fund General Revenue/Property Taxes (Rev) 183,097
State Revenue (Rev) 274,248
Transfer to Capital Projects (Exp) 183,097
Employee Benefits -Retirement (Exp) 274,248
Capital Projects Fund Transfer from General Fund (Rev) 151,532
Construction (Exp) 151,532
Explanation: To appropriate $457,535 in the General Fund for the Viola ED project, Fire Station Improvements and increased retirement contributions.
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
010-0000-311.10-01 66,856 341-0000-101.05-00 DR 183,097
010-0000-311.10-02 116,241 010-0000-101.05-00 CR 183,097
010-0000-335.20-16 274,248 010-1590-491.81-41 DR 183,097
010-1590-491.81-41 183,097 ED3499 341-0000-391.81-10 CR 31,565
Multiple 010-XXXX-XXX.20-XX 274,248 PS3428 341-0000-391.81-10 CR 151,532
PS3428 341-0000-391.81-10 151,532
PS3428 341-9010-422.68-04 151,532
Total 1,217,754 Total 732,388
Prepared By Posted By Date Number DocuSign Envelope ID: F0ED5C15-950B-4655-B9FF-6F00546D50FC
REQUEST FOR COUNCIL ACTION Agenda Item No. City of Greenville, South Carolina
To: Honorable Mayor and Members of City Council 11d From: John F. Castile, City Manager
Ordinance/First Reading ✔ Ordinance/Second & Final Reading Resolution/First & Final Reading Information Only
AGENDA DATE REQUESTED: May 14, 2018
ORDINANCE/RESOLUTION CAPTION: TO APPROPRIATE $600,000 IN THE GENERAL FUND AND CAPITAL PROJECTS FUND FOR THE DOWNTOWN MASTER PLAN AND COMPREHENSIVE PLAN
SUMMARY BACKGROUND: This action will appropriate a total of $600,000 in funding to complete both the Downtown Strategic Master Plan ("DMP") and the Comprehensive Plan ("Comp Plan").
The City solicited proposals for the DMP in December 2017/January 2018. The City has typically updated its downtown vision and plan about every 10 years, with the last effort being completed in 2008. The next DMP will seek to answer questions for the community, strategically outline opportunities, preserve what makes downtown special, and move downtown forward for the next decade. The plan will also include proposed recommendations to update the Land Management Ordinance in support of the newly defined vision.
The City also solicited proposals for the Comp Plan in March 2018. The City is required by State Law to update the Comp Plan every 10 years. The successful proposal will engage the community to identify needs and priorities, and involve a thorough planning process to determine the course of the next 20 years. The City's current long-range Comp Plan, known as "Plan-It Greenville", was adopted in 2009 following two years of branding, community involvement, planning, and plan preparation. The adopted title for the next Comp Plan is "GVL 2040 Our Home. Our Future."
The source of funding for both projects will be General Fund Fund Balance.
IMPACT IF DENIED OR APPROVED: If approved, staff will move forward with negotiations with the successful proposers to complete both projects within the allocated funding. If denied, staff will not be able to move forward with the projects.
FINANCIAL IMPACT: This action reduces General Fund Fund Balance by $600,000. The projected FY2017-18 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: F0ED5C15-950B-4655-B9FF-6F00546D50FC Ordinance No. 2018-______
A N O R D I N A N C E
TO APPROPRIATE $600,000 IN THE GENERAL FUND AND CAPITAL PROJECTS FUND FOR THE DOWNTOWN MASTER PLAN AND COMPREHENSIVE PLAN.
WHEREAS, the City has typically updated the downtown vision and plan every ten years; and
WHEREAS, the last update to the downtown vision and plan was in 2008; and
WHEREAS, staff solicited and received a number of proposals to complete a new Downtown Master Plan (“DMP”); and
WHEREAS, staff has made a recommendation to award the DMP contract to a consultant; and
WHEREAS, the City is required by law to update the long-range Comprehensive Plan every ten years; and
WHEREAS, the last Comprehensive Plan, known as “Plan-It Greenville” was completed in 2009; and
WHEREAS, staff solicited and received proposals to complete a new Comprehensive Plan, known as “GVL 2040 Our Home. Our Future, but the selection process is on-going;”
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GREENVILLE, SOUTH CAROLINA, the amount of $600,000 is appropriated in the General Fund and Capital Projects Fund as reflected in the attached Exhibit in order to compensate consultants for two projects mentioned above. This Ordinance shall become effective upon passage on the second and final reading.
DONE, RATIFIED AND PASSED THIS THE ____ DAY OF ______, 2018.
______MAYOR ATTEST:
______CITY CLERK
APPROVED AS TO FORM:
______CITY ATTORNEY
REVIEWED:
______CITY MANAGER DocuSign Envelope ID: F0ED5C15-950B-4655-B9FF-6F00546D50FC Ordinance No. 2018 -______Page 2
EXHIBIT
BUDGET AMENDMENT - 2018 DMP and Comp Plan
BUDGET General Fund/Capital Projects Fund REQUESTED BY Community & Economic Development
FISCAL YEAR 2017-18 DATE
INCREASE DECREASE
Description Description
General Fund Fund Balance Appropriated (Rev) 600,000
Transfer to Capital Projects (Exp) 600,000
Capital Projects Fund Transfer from General Fund (Rev) 600,000
Planning/Design (Exp) 600,000
Explanation: To appropriate $600,000 in the General Fund and Capital Projects Fund for the Downtown Master Plan and Comprehensive Plan.
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
010-0000-390.10-01 600,000 341-0000-101.05-00 DR 600,000
010-1590-491.81-41 600,000 010-0000-101.05-00 CR 600,000
TBD 341-0000-391.81-10 600,000 010-1590-491.81-41 DR 600,000
TBD 341-9010-433.68-01 600,000 TBD 341-0000-391.81-10 CR 600,000
Total 2,400,000 Total 2,400,000
Prepared By Posted By Date Number
DocuSign Envelope ID: 6C3DAAA6-B606-4E45-936B-C4891CCE60A9
REQUEST FOR COUNCIL ACTION Agenda Item No. City of Greenville, South Carolina
To: Honorable Mayor and Members of City Council 11e From: John F. Castile, City Manager
Ordinance/First Reading ✔ Ordinance/Second & Final Reading Resolution/First & Final Reading Information Only
AGENDA DATE REQUESTED: May 14, 2018
ORDINANCE/RESOLUTION CAPTION: TO REZONE APPROXIMATELY 0.67 ACRE LOCATED AT 38 SOUTHLAND AVENUE FROM R-9, SINGLE-FAMILY RESIDENTIAL DISTRICT TO RM-1.5, SINGLE FAMILY AND MULTI-FAMILY RESIDENTIAL DISTRICT (TAX MAP NUMBER 0067050100600 (Z-5-2018)
SUMMARY BACKGROUND: Tom Croft, on behalf of owners, Iron Horse Investments, LLC; Bad Company Properties, LLC and SLLIM, LLC applied to the City Planning Commission and City Council to rezone property consisting of approximately 0.67 acre located at 38 Southland Avenue (Tax Map Number 0067050100600), from R-9, Single-Family Residential District to RM-1.5, Single Family and Multi-family Residential District. The City Planning Commission, pursuant to public notice, held a public hearing on March 15, 2018, to consider the proposed rezoning, and the Commission recommended approval of the proposed zoning designation of RM-1.5, Single Family and Multi-Family Residential District.
IMPACT IF DENIED OR APPROVED: If denied, the property will not be rezoned.
FINANCIAL IMPACT: N/A
REQUIRED SIGNATURES
Department Director City Attorney
OMB Director City Manager DocuSign Envelope ID: 6C3DAAA6-B606-4E45-936B-C4891CCE60A9 Ordinance No. 2018-____
A N O R D I N A N C E
TO REZONE APPROXIMATELY 0.67 ACRE LOCATED AT 38 SOUTHLAND AVENUE FROM R-9, SINGLE-FAMILY RESIDENTIAL DISTRICT, TO RM-1.5, SINGLE FAMILY AND MULTI-FAMILY RESIDENTIAL DISTRICT (TAX MAP NUMBER 0067050100600 (Z-5-2018)
WHEREAS, Tom Croft, on behalf of owners, Iron Horse Investments, LLC; Bad Company Properties, LLC and SLLIM, LLC applied to the City Planning Commission and City Council to rezone property consisting of approximately 0.67 acre located at 38 Southland Avenue (Tax Map Number 0067050100600), from R-9, Single-Family Residential District, to RM-1.5, Single Family and Multi- family Residential District, and
WHEREAS, the City Planning Commission, pursuant to public notice, held a public hearing on March 15, 2018, to consider the proposed rezoning, and the Commission recommended approval of the proposed zoning designation of RM-1.5, Single Family and Multi-Family Residential District; and
WHEREAS, City Council finds the RM-1.5, Single Family and Multi-Family Residential District classification to be compatible with the City’s Comprehensive Development Plan, consistent with the Rezoning Criteria of Chapter 19 of the Code of Ordinances of the City of Greenville, and compatible with the existing and permitted neighboring uses;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GREENVILLE, SOUTH CAROLINA, the parcels of property currently titled to Bad Company Properties, LLC; Iron Horse Investments, LLC and SLLIM, LLC, located at 38 Southland Avenue (Tax Map Number 0067050100600) is rezoned from R-9, Single-Family Residential District to RM-1.5, Single-Family and Multi-family Residential District. The attached map shown as Exhibit A, 38 Southland Avenue Existing Zoning, prepared by the City of Greenville Planning Division, is incorporated herein by reference for purposes of identifying the location of property. This Ordinance shall be effective upon second and final reading.
DONE, RATIFIED AND PASSED THIS THE _____ DAY OF ______, 2018.
______MAYOR ATTEST:
______CITY CLERK
APPROVED AS TO FORM:
______CITY ATTORNEY
REVIEWED:
______CITY MANAGER DocuSign Envelope ID: 6C3DAAA6-B606-4E45-936B-C4891CCE60A9 Ordinance No. 2018 -_____ Page 2
EXHIBIT A
DocuSign Envelope ID: AF45AB55-A27F-4523-BD6F-8FF229879064
REQUEST FOR COUNCIL ACTION Agenda Item No. City of Greenville, South Carolina
To: Honorable Mayor and Members of City Council 11f From: John F. Castile, City Manager
Ordinance/First Reading ✔ Ordinance/Second & Final Reading Resolution/First & Final Reading Information Only
AGENDA DATE REQUESTED: May 14, 2018
ORDINANCE/RESOLUTION CAPTION: TO ENTER INTO A DEVELOPMENT AGREEMENT WITH ARLINGTON DOWNTOWN GREENVILLE, LLC TO AUTHORIZE THE PROVISION OF PUBLIC IMPROVEMENTS AND TO APPROPRIATE $39,530 FROM THE ECONOMIC DEVELOPMENT PROJECT ACCOUNT FOR SUCH IMPROVEMENTS
SUMMARY BABCKGROUND: In accordance with a Memorandum of Understanding (4097) entered into on January 21, 2016, the Owner and the City desire to cooperate in the construction of certain public streetscape improvements on and adjacent to the Property located at the northeast corner of Academy Street and Westfield Street including public streetscape improvements in excess of the minimum requirements of the Land Management Ordinance to be designed and constructed by Arlington Downtown Greenville, LLC (the Owner). The streetscape improvements will provide an enhanced pedestrian and bicycle pathway link from the West End along Westfield Street to the Swamp Rabbit Trail, and along Academy Street from Falls Park Drive to Westfield Street. The enhanced pedestrian and bicycle pathway will benefit the Owner's project (a 215 rental unit multi-family residential project), the Property, properties in close proximity, and pedestrians and cyclists in the City, and is anticipated to act as a catalyst for high quality development within the surrounding area, thereby furthering the City’s goal of redeveloping the West End and increasing the tax base to the benefit of the City and its citizens.
IMPACT IF DENIED OR APPROVED: If denied, the City will not be authorized to reimburse the developer for public improvements as specified in the MOU. If approved, the City will reimburse the developer per the agreement.
FINANCIAL IMPACT: This action will reduce available funding in the Economic Development Project Account by $39,530. There is sufficient balance available for this appropriation.
REQUIRED SIGNATURES
Department Director City Attorney
OMB Director City Manager DocuSign Envelope ID: AF45AB55-A27F-4523-BD6F-8FF229879064 Ordinance No. 2018-____
A N O R D I N A N C E
TO ENTER INTO A DEVELOPMENT AGREEMENT WITH ARLINGTON DOWNTOWN GREENVILLE, LLC TO AUTHORIZE THE PROVISION OF PUBLIC IMPROVEMENTS AND TO APPROPRIATE $39,530 FROM THE ECONOMIC DEVELOPMENT PROJECT ACCOUNT FOR SUCH IMPROVEMENTS
WHEREAS, ARLINGTON DOWNTOWN GREENVILLE, LLC (the “Owner”) is constructing a 215 rental unit multi-family residential project (the “Project”) at the northeast corner of Academy Street and Westfield Street on approximately 7.21 acres of real property owned by the Owner or Owner’s affiliate and further identified as Tax Map Number 0071000102702 (the “Property”); and
WHEREAS, the Project will include an enhanced pedestrian and bicycle pathway link from the West End along Westfield Street to the Swamp Rabbit Trail, and along Academy Street from Falls Park Drive to Westfield Street; and
WHEREAS, the enhanced pedestrian and bicycle pathway will benefit the Project, the Property, properties in close proximity, and pedestrians and cyclists in the City, and is anticipated to act as a catalyst for high quality development within the surrounding area, thereby furthering the City’s goal of redeveloping the West End and increasing the tax base to the benefit of the City and its citizens; and
WHEREAS, in accordance with a Memorandum of Understanding (4097) entered into on January 21, 2016, the Owner and the city of Greenville desire to cooperate in the construction of certain public streetscape improvements on and adjacent to the Property; to establish the procedures under which those public streetscape improvements will be designed, approved and constructed; and to establish the conditions under which the City will reimburse the Owner for approved expenditures associated with those public streetscape improvements above what is required by the Land Management Ordinance; and
WHEREAS, the City is committed to the expansion of bicycle and pedestrian facilities and supports opportunities to leverage funds for public improvements adjacent to private redevelopments;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GREENVILLE, SOUTH CAROLINA:
Section 1. City Council hereby authorizes the City Manager to enter into a Development Agreement with ARLINGTON DOWNTOWN GREENVILLE, LLC in substantially the same form as that which is attached hereto and incorporated herein as Attachment A (the “Agreement”). 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. An appropriation of $39,530, as referenced in the Budget Amendment (Attachment B), shall be made from the Economic Development Project Account as the Reimbursement Payment to the Owner for the Public Improvements contained in the Agreement.
DocuSign Envelope ID: AF45AB55-A27F-4523-BD6F-8FF229879064 Ordinance No. 2018 -_____ Page 2
Section 3. This Ordinance shall become effective upon passage on the second and final reading.
DONE, RATIFIED AND PASSED THIS THE _____ DAY OF ______, 2018.
______MAYOR ATTEST:
______CITY CLERK
APPROVED AS TO FORM:
______CITY ATTORNEY
REVIEWED:
______CITY MANAGER
DocuSign Envelope ID: AF45AB55-A27F-4523-BD6F-8FF229879064 Ordinance No. 2018 -_____ Page 3
ATTACHMENT A
STATE OF SOUTH CAROLINA ) CITY OF GREENVILLE AND ) ARLINGTON DOWNTOWN GREENVILLE, ) LLC DEVELOPMENT AGREEMENT FOR A ) PROJECT LOCATED AT ACADEMY STREET ) AND WESTFIELD STREET IN GREENVILLE, COUNTY OF GREENVILLE ) SOUTH CAROLINA
This Development Agreement (the “Agreement”) by and between ARLINGTON DOWNTOWN GREENVILLE, LLC, an Alabama limited liability company duly authorized by the Secretary of State of South Carolina to do business in the State (the “Owner”), and the City of Greenville, a political subdivision and municipal corporation organized and existing under the laws of South Carolina (the “City”), is entered into this _____ day of______, 2018.
WHEREAS, the Owner is constructing a 215 rental unit multi-family residential project (the “Project”) on approximately 7.21 acres of real property owned by the Owner or Owner’s affiliate located at the northeast corner of Academy Street and Westfield Street in Greenville, South Carolina, known as Tax Map No. 0071000102702, and further described on Exhibit A, attached hereto and incorporated herein (the “Property”); and
WHEREAS, the Project will include an enhanced pedestrian and bicycle pathway link from the West End along Westfield Street to the Swamp Rabbit Trail, and along Academy Street from Falls Park Drive to Westfield Street; and
WHEREAS, the enhanced pedestrian and bicycle pathway will benefit the Project, the Property, properties in close proximity, and pedestrians and cyclists in the City, and is anticipated to act as a catalyst for high quality development within the surrounding area, thereby furthering the City’s goal of redeveloping the West End and increasing the tax base to the benefit of the City and its citizens; and
WHEREAS, in accordance with a Memorandum of Understanding (4097) entered into on January 21, 2016, the Owner and the City desire to cooperate in the construction of certain public streetscape improvements on and adjacent to the Property; to establish the procedures under which those public streetscape improvements will be designed, approved and constructed; and to establish the conditions under which the City will reimburse the Owner for approved expenditures associated with those public streetscape improvements; and
WHEREAS, the City is committed to the expansion of bicycle and pedestrian facilities and supports opportunities to leverage funds for public improvements adjacent to private redevelopments.
NOW THEREFORE, for good and valuable consideration, including the mutual exchange of promises set forth in this Agreement, the receipt and sufficiency of which is hereby acknowledged, the parties covenant with one another to perform as follows:
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1. Owner Commitments:
(a) Development Size, Purpose and Design. The Owner, its agents or assigns, shall be responsible for the design, development and construction of the Project to be located on the Property, to be constructed in substantial conformity with those set forth in Exhibit B (“Streetscape and Development Plans”), attached hereto and incorporated herein.
(b) Public Improvements. In addition to the Project, the Owner shall be responsible for the design and construction of enhanced streetscape improvements, including, but not limited to: 8 feet wide scored concrete sidewalks; curb lawn; and additional street trees (designated as CC-10 on the Streetscape and Development Plans), located (i) adjacent to the Property within the public right of way, or (ii) on the Property within the Streetscape Maintenance and Public Access Easement Area (as described in the Streetscape Maintenance and Public Access Easement Agreement, defined in Paragraph 1(g) of this Agreement), as more fully set forth the Streetscape and Development Plans and Exhibit C (the “Public Improvements”), attached hereto and incorporated herein. Light pole bases shown on the Streetscape and Development Plans are not included in the Public Improvements constructed by the Owner. The Public Improvements must conform substantially to the Streetscape and Development Plans.
(c) Investment Required. The Owner covenants that it shall make an investment (the “Owner Investment”) of not less than Thirty-Two Million Dollars and No/100 ($32,000,000.00) in design, development and construction of the Project, including not less than Thirty-Nine Thousand Five-Hundred and Thirty Dollars and No/100 ($39,530.00) in the Public Improvements, as described in Paragraphs 1(a) and 1(b), respectively.
(d) Implementation of Investment. Subject to any delays caused by the City or by force majeure, the Owner covenants that it shall use best efforts to substantially complete the Project and Public Improvements, as described in Paragraphs 1(a) and 1(b), no later than June 1, 2019, as evidenced by (i) the issuance of a certificate of occupancy with respect to the Project; and (ii) written confirmation by the City’s Parks and Recreation and Public Works Departments as well as the South Carolina Department of Transportation (“SCDOT”) to the effect that the Public Improvements were constructed based on plans approved by the City, in accordance with this Agreement and in accordance with all applicable laws and regulations. The parties recognize that the investment commitments identified in Paragraph 1(c) are material inducements for the City’s financial participation in the Project set forth below in Paragraphs 2(a) and 2(c). In the event that the Owner does not complete (i) and (ii) cited in this Paragraph, by June 1, 2019, the City shall not be required to reimburse the Owner pursuant to Paragraph 2(a) for the construction of the Public Improvements performed by the Owner, and the Owner will reimburse the City any and all funds previously expended pursuant to the Agreement.
(e) Insurance. The Owner shall maintain, at its sole cost, General Liability insurance for any claim or loss (including attorney’s fees) arising out of, or related in any manner to, the Public Improvements in commercially reasonable amounts, but in no event less than One Million Dollars and No/100 ($1,000,000.00) per occurrence, Two Million Dollars DocuSign Envelope ID: AF45AB55-A27F-4523-BD6F-8FF229879064 Ordinance No. 2018 -_____ Page 5
and No/100 ($2,000,000.00) aggregate, naming the City as an additional insured, until such time as the construction of the Public Improvements is complete as evidenced by the City’s written acceptance of the Public Improvements. Thereafter, the Owner shall continuously maintain General Liability insurance in the aforementioned amounts insuring against any claim or loss (including attorney’s fees) arising out of, or related in any related manner to: (i) the design or construction of the Public Improvements or (ii) the maintenance obligations of the Owner as set forth below in Paragraphs 1(g) and (h). Certificates showing proof of the insurance required herein shall be submitted to the City at e-mail [email protected] prior to commencement of construction of the Public Improvements. It shall be an affirmative obligation upon the Owner to advise the City’s Risk Manager at [email protected], within two days of the cancellation or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The General Liability policy is to contain or be endorsed to name City, its officers, officials, agents and employees as additional insureds as respects the liability arising out of the activities performed under this Agreement. Such coverage shall be primary and shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Insurance is to be placed with insurers with a current A.M. Best’s rating of not less than A:VII and licensed to do business in the State of South Carolina, unless otherwise approved by the City; and the Owner shall not self- insure in satisfaction of the insurance requirements set out herein without the express written consent of City.
(f) RESERVED.
(g) Streetscape Maintenance and Public Access Easement; Owner’s Maintenance of a Portion of the Public Improvements. The Owner agrees to provide the City with a permanent easement running with the land for that portion of the Public Improvements located on the Property in order to ensure the public’s use, access, and enjoyment of the Public Improvements as more fully set forth in Exhibit D attached hereto and incorporated herein (the “Easement”), said area being designated therein as the “Streetscape Public Access Easement Area” on Easement Exhibit A. The Owner agrees, without additional compensation, to maintain the landscaping, and curb lawn within the “Streetscape Maintenance Area” designated in Easement Exhibit A , in accordance with Easement Exhibit B (the “City’s Landscape Maintenance Requirements”). Any water irrigation associated with this landscaping or curb lawn areas shall be connected to the Owner’s meter as part of these maintenance obligations and Owner shall be responsible for all water irrigation costs. The Owner shall provide the City with the executed Easement prior to receiving reimbursement from the City pursuant to Paragraphs 2(a) and 2(b) below.
(h) Other Maintenance, which is the Responsibility of Owner. In addition to maintaining the curb lawn and street trees within the Streetscape Maintenance and Public Access Easement Area, as described in Paragraph 1(g) above, the Owner agrees, without additional compensation, to maintain the landscaping, curb lawn, and street trees on the public property along Westfield Street, directly adjacent to the Property, in accordance with the City’s Landscape Maintenance Requirements and subject to the regulations of any agency having jurisdiction including, but not limited to, the SCDOT. Any water irrigation associated with this landscaping or curb lawn areas shall be DocuSign Envelope ID: AF45AB55-A27F-4523-BD6F-8FF229879064 Ordinance No. 2018 -_____ Page 6
connected to the Owner’s meter as part of these maintenance obligations and Owner shall be responsible for all water irrigation costs. The Owner’s maintenance responsibility under this Paragraph 1(h) shall not include maintaining landscaping, curb lawns or irrigation systems located in roadway medians or in areas not directly adjacent to the Property.
(i) Mandatory Transfer of Maintenance Obligations. The maintenance obligations set forth above shall apply to any future owners of the Property. The Owner shall ensure said maintenance obligations are transferred from the Owner to any subsequent purchaser.
(j) Construction Delay. In the event construction is abandoned or after sixty (60) days of construction inactivity on the Project or Public Improvements, the Owner shall immediately repair all public right-of-way, including but not limited to the sidewalks, crosswalks, and public infrastructure, along Westfield Street and South Academy Street, directly adjacent to the Property, to a safe and functional condition for public use, subject to the regulations of any agency having jurisdiction, including but not limited to the SCDOT. Such time limit may be extended with the approval of the City Manager. The Owner acknowledges the City shall have no responsibility for any loss or damages arising out of, or related in any manner to, Project delays, unless proximately caused by the City’s bad faith or intentional misconduct.
2. City Contributions and Commitments:
(a) Project Participation. Subject to Paragraph 2(b) below, the City will reimburse the Owner for the portion of design and construction of the Public Improvements beyond what is required by the Land Management Ordinance in an amount not to exceed Thirty-Nine Thousand Five-Hundred and Thirty Dollars and No/100 ($39,530.00) (“Reimbursement Payment”). The Reimbursement Payment is subject to: (i) the Public Improvements meeting all requirements and conditions otherwise set forth in the Agreement (including written acceptance by the City, which shall not be unreasonably withheld); (ii) a certificate of occupancy for all structures which are part of the Project; (iii) evidence of the Owner Investment in the form of contractual agreements and/or contract values provided to the City for the issuance of Project-related permits; and (iv) the Project having met the standards of quality in design and construction described in the Certificate of Appropriateness (CA 14-360) approved by the Design Review Board – Urban Panel on March 5, 2015.
(b) Reimbursement Payment. No Reimbursement Payment shall be provided to the Owner without detailed substantiation of the actual costs incurred for the design and construction of the Public Improvements, and the Public Improvements are completed and accepted in writing by the City. At a minimum, such detail shall include the schedule of values submitted to the Owner by any design professional and by any other contractor performing design, construction or other services necessary for the completion of the Public Improvements. The City may make reasonable requests for additional substantiation in establishing compliance with the Agreement. Actual costs do not include any of the following actual or allocated costs of the Owner: development, acquisition or construction management fees, personnel costs, corporate or other overhead costs, contingency, interest expense, costs associated with right-of- DocuSign Envelope ID: AF45AB55-A27F-4523-BD6F-8FF229879064 Ordinance No. 2018 -_____ Page 7
way or easement acquisition. The submitted substantiation of costs shall solely be for those Public Improvements set forth in Paragraph 1(b) above and approved by the City pursuant to Paragraph 2(a) above. No other improvements shall be subject to reimbursement without the written authorization of the City Manager upon his providing a written finding that the improvement complies with the provisions of the Agreement.
(c) City Maintenance Obligations. Upon completion and acceptance, the City shall maintain the Public Improvements to the extent their maintenance is not the responsibility of: (i) the Owner pursuant to Paragraphs 1(g) and 1(h) above; (ii) SCDOT; or (iii) any utility provider.
3. Reimbursements Subject to Standard of Reasonableness. Those costs which are to be reimbursed or paid as consideration by the City must be reasonably incurred and substantiated in accordance with City of Greenville Procurement Procedures III (J), as more fully set forth in Exhibit E, attached hereto and incorporated herein, applicable to public private partnerships. The Owner’s procurement practices therefore shall adhere to principles of fairness, efficiency, and value for the use of public funds, and must provide for competitiveness, even though bids may not be necessary.
4. Compliance with Law. Design, construction and operation of the Project and Public Improvements shall be performed in a good, safe and workmanlike manner and in accordance with all applicable laws, rules, orders, ordinances, regulations and legal requirements of all governmental entities, agencies or instrumentalities relating to the development, use or condition of the Property and any improvements constructed thereon including, without limitation, Titles II and III of the Americans with Disabilities Act (as amended), all building code and zoning requirements then in effect.
5. Assignment. The Owner is not authorized to assign its rights and obligations under the Agreement to third parties without first having received from the City a written consent, which consent shall not be unreasonably withheld, executed with the same formality of the Agreement; provided, however, the Owner shall be entitled to assign its rights and obligations under the Agreement without further consent to one or more Affiliates of Owner. For purposes of this Agreement, “Affiliate” shall mean an entity that: (a) controls the Owner; (b) is under common control with the Owner; or (c) is controlled by the Owner or is under the common control of the Owner and Owner’s joint venture partner. The Owner shall provide written notification to the City of any such assignment to an Affiliate and, further shall supply reasonable documentation of Affiliate status.
6. Modification. No modification, amendment or waiver of any provision of the Agreement shall be binding upon the parties unless the same is first reduced to writing in a document having the same formality as the Agreement and executed by the duly authorized officer for each party. Minor modifications can be made by the City Manager on behalf of the City, it being agreed that reasonable extensions of time may be granted without City Council approval.
7. Merger of Negotiations. This Agreement constitutes the entire agreement between the parties. All prior negotiations and representations of both parties are merged into the Agreement, and no prior statement, whether written or oral, shall be binding upon either party unless reduced to writing and contained in the Agreement. DocuSign Envelope ID: AF45AB55-A27F-4523-BD6F-8FF229879064 Ordinance No. 2018 -_____ Page 8
8. Applicable Law. The Agreement shall be subject to, and interpreted under, the laws of the State of South Carolina. Any dispute arising out of, or related in any manner to the Agreement or the Project must be brought in the Greenville County Court of Common Pleas following the exhaustion of any and all available administrative remedies.
9. Execution Required. This Agreement shall be null and void if not executed by the Owner and presented to the City within ninety (90) days of passage of the adopting ordinance.
10. No Joint Venture. The parties acknowledge the City is acting solely in a governmental capacity in expanding/enhancing the City’s public infrastructure and spaces, in approving the Agreement and in providing any other approvals related to the Project. Accordingly, the parties further acknowledge that no joint venture is intended or created between the Owner (or Affiliate of the Owner) and the City, and the parties expressly disclaim the same.
11. Indemnification. The Owner shall indemnify, defend and hold harmless the City, as well as its officers, officials and employees, from and against all claims of any nature whatsoever, at law or in equity, arising out of, or related in any manner to the Agreement or the Project, excluding only those claims resulting from the gross negligence or willful misconduct of the City, its officers, officials and/or employees. This provision shall survive termination of the Agreement.
12. Notice. All notices and communications hereunder shall be in writing and shall be delivered personally or sent by certified mail, return receipt requested, addressed to the parties as follows:
CITY: With a copy to: City of Greenville City of Greenville Attention: City Manager Attention: Kevin R. Howard 206 S. Main Street (29601) 206 S. Main Street (29601) P.O. Box 2207 P.O. Box 2207 Greenville, SC 29602 Greenville, SC 29602 Phone: 864.467.5700 Phone: 864.467.5723
OWNER: ARLINGTON DOWNTOWN GREENVILLE, LLC Attention: Mark C. Stuermann 2117 2nd Ave. N. Birmingham, AL 35203 Phone: 205.397.6839
13. Miscellaneous. If any part or provision of this Agreement is held invalid or unenforceable under applicable law, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining parts and provisions of this Agreement. The waiver of a breach of this Agreement by either party shall not operate as a waiver of any subsequent breach, and no delay in acting with regard to any breach of this Agreement shall be construed to be a waiver of the breach. Headings are inserted for convenience only and shall not be considered for any other purpose. All exhibits referenced above (including all attachments thereto) are attached hereto and incorporated herein as part of the Agreement. DocuSign Envelope ID: AF45AB55-A27F-4523-BD6F-8FF229879064 Ordinance No. 2018 -_____ Page 9
WHEREFORE, in consideration of the foregoing, the parties do bind themselves by terms and conditions of the Agreement by providing below the signature of their authorized officers.
WITNESSES: CITY OF GREENVILLE
______BY: ______John F. Castile ______ITS: ______City Manager
STATE OF SOUTH CAROLINA ) ) ACKNOWLEDGEMENT COUNTY OF GREENVILLE )
The forgoing instrument was acknowledged before me this ___ day of ______, 2018, by ______as ______of City of Greenville.
______Notary Public for South Carolina Printed Name of Notary My Commission Expires: ______
WITNESSES: ARLINGTON DOWNTOWN GREENVILLE, LLC
______BY: ______
______ITS: ______
STATE OF SOUTH CAROLINA ) ) ACKNOWLEDGEMENT COUNTY OF GREENVILLE )
The forgoing instrument was acknowledged before me this ___ day of ______, 2018, by ______as ______of ARLINGTON DOWNTOWN GREENVILLE, LLC.
______Notary Public for South Carolina Printed Name of Notary My Commission Expires: ______DocuSign Envelope ID: AF45AB55-A27F-4523-BD6F-8FF229879064 Ordinance No. 2018 -_____ Page 10
DEVELOPMENT AGREEMENT From: ARLINGTON DOWNTOWN GREENVILLE, LLC To: CITY OF GREENVILLE
APPROVED AS TO FORM:
______City Attorney
REVIEWED BY:
______Economic Development Director
______Parks & Recreation Director
______Public Works Director
______OMB Director
______Risk Manager
______Purchasing Administrator
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ATTACHMENT B
SCHEDULE OF EXHIBITS
A. Property Location
B. Streetscape and Development Plans
C. Public Improvements and Associated Costs
D. Streetscape Maintenance and Public Access Easement Agreement
E. City of Greenville Procurement Procedures III (J)
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EXHIBIT A
PROPERTY LOCATION
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EXHIBIT B
STREETSCAPE AND DEVELOPMENT PLANS DocuSign Envelope ID: AF45AB55-A27F-4523-BD6F-8FF229879064 Ordinance No. 2018 -_____ Page 14 DocuSign Envelope ID: AF45AB55-A27F-4523-BD6F-8FF229879064 Ordinance No. 2018 -_____ Page 15
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EXHIBIT C
PUBLIC IMPROVEMENTS AND ASSOCIATED COSTS
Site Development 8’ wide sidewalk in-lieu-of 5’ wide sidewalk – Academy Street $17,500.00 8’ wide sidewalk in-lieu-of 5’ wide sidewalk – Westfield Street $9,790.00 Retaining wall – Westfield Street $3,000.00
Subtotal (Site Development) $30,290
Landscaping Additional Rosebud Trees (21) – Westfield Street $9,240.00
Subtotal (Landscaping) $9,240.00
TOTAL $39,530.00 DocuSign Envelope ID: AF45AB55-A27F-4523-BD6F-8FF229879064 Ordinance No. 2018 -_____ Page 17
EXHIBIT D
PUBLIC ACCESS EASEMENT
STATE OF SOUTH CAROLINA ) CITY OF GREENVILLE AND ) ARLINGTON DOWNTOWN ) GREENVILLE, LLC ) ) PUBLIC ACCESS EASEMENT COUNTY OF GREENVILLE ) TM# 0071000102702
This PUBLIC ACCESS EASEMENT is made and entered into this the _____ day of ______, 2018, by and between ARLINGTON DOWNTOWN GREENVILLE, LLC (“GRANTOR”), and CITY OF GREENVILLE, a municipal corporation under the laws of South Carolina, (“GRANTEE”)
WHEREAS, there is a Development Agreement dated ______, 2018 (the “Development Agreement”) between the GRANTEE and GRANTOR for the construction of a multi-family residential development (the “Project”) at the northeast corner of Academy Street and Westfield Street on approximately 7.21 acres of real property owned by GRANTOR and further identified as Tax Map No. 0071000102702 (the “Property”); and
WHEREAS, the Development Agreement provides for certain public streetscape improvements, including, but not limited to: scored concrete sidewalks; curb lawn; landscaping; and street trees in landscaped and curb lawn areas, located on public and private property for public use along Westfield Street and Academy Street, directly adjacent to the Project (the “Public Improvements”);
WHEREAS, a portion of the Public Improvements will be located on the Property and the City requires that the GRANTOR ensure perpetual public access to same;
NOW THEREFORE, for and in consideration of the foregoing easement, the sum of One Dollar ($1.00) and no other consideration, in hand, paid by GRANTEE to GRANTOR at and before the execution, sealing and delivery hereof, GRANTOR and GRANTEE do hereby covenant and agree as follows:
1. GRANTOR does hereby grant, bargain and convey unto GRANTEE as well as its successors and assigns a non-exclusive, permanent, perpetual easement, including the right of entry, across a portion of GRANTOR’S property as more fully set forth in Exhibit A, attached hereto and incorporated herein by reference, for public access, use and enjoyment pursuant to the Development Agreement, said area being designated asthe “Streetscape Public Access Easement Area” on the aforementioned Exhibit A.
2. RESERVED.
3. GRANTOR shall be responsible for the maintenance and replacement of the curb lawn, landscaping and irrigation systems, including periodic water irrigation costs, within the “Streetscape Maintenance Area” designated more fully in Exhibit A in a manner consistent DocuSign Envelope ID: AF45AB55-A27F-4523-BD6F-8FF229879064 Ordinance No. 2018 -_____ Page 18
with the City of Greenville Landscape Maintenance Requirements as more fully set forth in Exhibit B, attached hereto and incorporated herein by reference, as well as the maintenance and replacement of the curb lawn, landscaping and irrigation system, including periodic water irrigation costs, in the public property along Westfield Street and South Academy Street, directly adjacent to the Property, all in accordance with the Development Agreement and the aforementioned landscape maintenance requirements. GRANTOR shall not be allowed to remove any part of the Public Improvements within the Streetscape Maintenance and Public Access Easement Area only without the prior written permission of the GRANTEE.
4. GRANTOR shall maintain, at its sole cost, General Liability insurance for any claim or loss (including attorney’s fees) arising out of, or related in any manner to, the Public Improvements located on the Property in commercially reasonable amounts, but in no event less than One Million Dollars ($1,000,000) per occurrence/aggregate and naming the City as an additional insured, until construction of the Public Improvements is complete as evidenced by the City’s inspection and written acceptance of the Public Improvements. Thereafter, the GRANTOR shall continuously maintain General Liability insurance in the aforementioned amount covering against any claim or loss (including attorney’s fees) arising out of, or related in any related manner to: (i) the design or construction of the Public Improvements or (ii) the maintenance obligations of the GRANTOR as set forth above in Paragraph 3. Certificates showing proof of such insurance shall be submitted to City at e-mail [email protected] prior to commencement of construction of the Public Improvements. It shall be an affirmative obligation upon the Owner to advise the City’s risk manager at, e-mail [email protected], PO Box 2207, Greenville, SC 29602, within two days of the cancellation or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The General Liability policy is to contain or be endorsed to name City, its officers, officials, agents and employees as additional insureds as respects the liability arising out of the activities performed under this Agreement. Such coverage shall be primary and shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Insurance is to be placed with insurers with a current A.M. Best’s rating of not less than A:VII and licensed to do business in the State of South Carolina, unless otherwise approved by the City; and the Owner shall not self- insure in satisfaction of the insurance requirements set out herein without the express written consent of City.
5. GRANTEE shall maintain public liability insurance covering the Public Improvements located upon public property or otherwise open to the public in accordance with the City’s standard program of insurance, but in no event less than One Million Dollars ($1,000,000) per occurrence/aggregate, naming GRANTOR and its successors and assigns as additional insureds, in accordance with the Development Agreement.
6. GRANTOR hereby warrants that GRANTOR is legally qualified and capable of granting the above easement with respect to the lands described herein.
7. GRANTOR hereby reserves unto itself the right and privilege to use and occupy the Streetscape Maintenance and Public Access Easement Area in all manners which, in the reasonable opinion of the GRANTEE shall not interfere or conflict with the requirement that the Public Improvements be kept in place as is intended by this easement and that no DocuSign Envelope ID: AF45AB55-A27F-4523-BD6F-8FF229879064 Ordinance No. 2018 -_____ Page 19
use shall be made of the Streetscape Maintenance and Public Access Easement Area that would, in the reasonable opinion of the GRANTEE, injure, endanger or render inaccessible the Streetscape Maintenance and Public Access Easement Area.
8. This easement, rights, benefits, burdens and obligations created hereunder shall run with the hereinafter described Property and be binding on the parties’ successors and/or assigns.
TO HAVE AND TO HOLD all singular the right to the GRANTEE, its successors and assigns, and GRANTOR hereby bind themselves, their successors and assigns, to warrant and forever defend all and singular said premises themselves and against every person whosoever lawfully claiming or to claim the same, or any part thereof.
WITNESS our hands and seals this _____ day of ______, 2018.
WITNESSES: GRANTOR:
______ARLINGTON DOWNTOWN Signature of 1st witness GREENVILLE, LLC
______By: ______Signature of 2nd witness Name: ______
Title: ______
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STATE OF SOUTH CAROLINA ) ) ACKNOWLEDGEMENT COUNTY OF GREENVILLE )
I, the undersigned notary public, do hereby certify that Arlington Downtown Greenville, LLC, by ______, its ______, personally appeared before me this day and acknowledged the due execution of the foregoing instrument.
WITNESS my hand and seal this ____ day of ______, 2017.
______Notary Public for South Carolina My Commission Expires: ______Print Name of Notary Public: ______
WITNESSES: GRANTEE:
THE CITY OF GREENVILLE, SOUTH CAROLINA
______By: ______Signature of 1st witness Name: John Castile Title: City Manager ______Signature of 2nd witness
STATE OF SOUTH CAROLINA ) ) ACKNOWLEDGEMENT COUNTY OF GREENVILLE )
I, the undersigned notary public, do hereby certify that The City of Greenville, South Carolina, by ______, its ______, personally appeared before me this day and acknowledged the due execution of the foregoing instrument.
WITNESS my hand and seal this ____ day of ______, 2017.
______Notary Public for ______My Commission Expires: ______Print Name of Notary Public: ______
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APPROVED AS TO FORM:
______City Attorney
REVIEWED BY:
______Economic Development Director
______Parks & Recreation Director
______Public Works Director
______OMB Director
______Risk Manager
______Purchasing Administrator
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Streetscape Maintenance and Public Access Easement - List of Exhibits:
Exhibit A– Depiction of Streetscape Maintenance and Public Access Easement Area Exhibit B– City of Greenville Landscape Maintenance Requirements
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STREETSCAPE MAINTENANCE AND PUBLIC ACCESS EASEMENT AREA
EXHIBIT A
Streetscape Maintenance Area
Streetscape Public Access Easement Area DocuSign Envelope ID: AF45AB55-A27F-4523-BD6F-8FF229879064 Ordinance No. 2018 -_____ Page 24
STREETSCAPE MAINTENANCE AND PUBLIC ACCESS EASEMENT AGREEMENT
EXHIBIT B
CITY OF GREENVILLE LANDSCAPE MAINTENANCE REQUIREMENTS
Sec. 19-6.2. - Landscaping, buffering, and screening. (E) Maintenance. The owner of the property where landscaping is required shall be responsible for the maintenance and protection of all plant and screening material for the duration of the premises. (1) All landscape material, maintenance, and management shall conform to the minimum standards of the American National Standards Institute (ANSI) A300 Standards for Tree Care Operations. (2) Landscaped areas shall be maintained in good condition and kept free of dead plants, weeds, or debris. Failure to maintain or replace dead, damaged or diseased plant material or to repair a broken wall or fence within 30 days of notification shall constitute a violation of this section. If a catastrophic event occurs which destroys a large quantity of vegetation, the owner or lessee shall replant within a reasonable time period determined by the administrator, normally during the next planting season which is November through March. Replaced plant material must be in compliance with the minimum size, spacing, and quantity standards of this section. (3) Trees may not be severely trimmed beyond the standards of ANSI A300 Standards for Tree Care Operations. If aggressive trimming occurs, the property will be considered nonconforming and required to replace the trees with trees meeting the minimum size, spacing, and quantity standards of this section. (4) Buffer and screening material shall be maintained to meet the minimum size, spacing, and quantity standards of table 19-6.2-1 [of] this section.
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EXHIBIT E
CITY OF GREENVILLE PROCUREMENT PROCEDURES III J
Development Agreements. Whenever the City enters into an agreement with a private developer as a means of coordinating a private project with the provision of public services, the construction or installation of improvements, the installation of public improvements, or a combination of such arrangements, then in order to achieve efficiencies for all projects concerned and to avoid confusion and delay in the completion of the respective projects, the City may enter into written agreements which permit the private entity's procurement practices to be utilized in the City’s component of the project. Any such arrangement, however, must be designed to secure the greatest value for the public good with the most efficient means available in accordance with reasonable business standards. Any written agreement for such coordinated projects must provide for the City's consent and approval of procurement practices for improvements or activities funded by the City. Such practices must assure adherence to principles of fairness, efficiency, and value for the use of public funds. The practices must provide for competitiveness, even though bids may not be necessary. To the extent performance bonds or payments bonds are required by the general law of this State for political subdivisions, these practices shall assure their use for public improvements funded by the City.
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ATTACHMENT B BUDGET AMENDMENT - 2018 Arlington Development Agreement
BUDGET Capital Projects Fund REQUESTED BY Economic & Community Development
FISCAL YEAR 2017-18 DATE
INCREASE DECREASE
Description Description
Capital Projects Fund Transfer from Capital Projects (Rev) 39,530
Project Expense (Exp) 39,530
Explanation: To appropriate $39,530 in the Capital Projects Fund for reimbursement for the construction of Public Improvements.
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
SA4103 341-0000-391.81-41 39,530 ED3500 341-9010-491.81-41 DR 39,530
SA4103 341-9010-433.68-09 39,530 SA4103 341-0000-391.81-41 CR 39,530
Total 79,060 Total 79,060
Prepared By Posted By Date Number
DocuSign Envelope ID: 9EA1B0E3-BDCB-434B-AF34-176A07A792D8
REQUEST FOR COUNCIL ACTION Agenda Item No. City of Greenville, South Carolina
To: Honorable Mayor and Members of City Council 12a From: John F. Castile, City Manager
✔ Ordinance/First Reading Ordinance/Second & Final Reading Resolution/First & Final Reading Information Only
AGENDA DATE REQUESTED: May 14, 2018 ORDINANCE/RESOLUTION CAPTION: TO APPROVE AN EASEMENT IN FAVOR OF DUKE ENERGY CAROLINAS, LLC FOR THE PURPOSES OF UNDERGROUNDING UTILITIES ON PROPERTY LOCATED AT THE INTERSECTION OF HYDE STREET AND WESTFIELD STREET (TAX MAP NUMBER 0051000102600)
SUMMARY BACKGROUND:
The purpose of this Ordinance is to approve an easement in favor of Duke Energy Carolinas, LLC for undergrounding power lines on property located at the intersection of Hyde Street and Westfield Street.
IMPACT IF DENIED / APPROVED: If denied, the Easement will not be approved.
FINANCIAL IMPACT: N/A
REQUIRED SIGNATURES
Department Director City Attorney
OMB Director City Manager DocuSign Envelope ID: 9EA1B0E3-BDCB-434B-AF34-176A07A792D8 Ordinance No. 2018-____
A N O R D I N A N C E
TO APPROVE AN EASEMENT IN FAVOR OF DUKE ENERGY CAROLINAS, LLC FOR THE PURPOSES OF UNDERGROUNDING UTILITIES ON PROPERTY LOCATED AT THE INTERSECTION OF HYDE STREET AND WESTFIELD STREET (TAX MAP NUMBER 0051000102600)
WHEREAS, the city of Greenville (“City”) is the owner of a certain tract of land located at the intersection of Hyde Street and Westfield Street having Tax Map Number 0051000102600; and
WHEREAS, the City desires to have electric utility lines placed underground on the foregoing tract of land; and
WHEREAS, City Council has determined it is in the best interests of the City to enter into an Easement Agreement in favor of Duke Energy Carolinas, LLC for the purpose of undergrounding electric utilities on the foregoing tract of land;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GREENVILLE, SOUTH CAROLINA, City Council approves entering into an Easement Agreement in favor of Duke, subject to terms and conditions that are substantially similar to those as set out in Attachment A, attached hereto. 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.
DONE, RATIFIED AND PASSED THIS THE _____ DAY OF ______, 2018.
______MAYOR ATTEST:
______CITY CLERK
APPROVED AS TO FORM:
______CITY ATTORNEY
REVIEWED:
______CITY MANAGER
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ATTACHMENT A
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DocuSign Envelope ID: D1F810E7-2F4D-468A-AE80-9C3198876658
REQUEST FOR COUNCIL ACTION Agenda Item No. City of Greenville, South Carolina
To: Honorable Mayor and Members of City Council 14a From: John F. Castile, City Manager
Ordinance/First Reading ✔ Ordinance/Second & Final Reading Resolution/First & Final Reading Information Only
AGENDA DATE REQUESTED: May 14, 2018 ORDINANCE/RESOLUTION CAPTION: TO REZONE FOUR PARCELS OF LAND CONSISTING OF APPROXIMATELY 4.8 ACRES LOCATED AT BUNCOMBE STREET, WHITNER STREET, HAMPTON AVENUE, AND DUNCAN STREET FROM OD, OFFICE AND INSTITUTIONAL DISTRICT, C-4, CENTRAL BUSINESS DISTRICT AND PD, PLANNED DEVELOPMENT DISTRICT TO PD, PLANNED DEVELOPMENT DISTRICT (TAX MAP NUMBERS 0014000300103; 0014000400400; 0014000401200; 0014000300800) (Z-24-2017) SUMMARY BACKGROUND:
The Beach Company applied to the City Planning Commission for approval of a mixed-use development with conditions for a planned development (“PD”) known as Buncombe Street Mixed Use Development to be located at Buncombe Street, Whitner Street, Hampton Avenue and Duncan Street (Tax Map Numbers 0014000300103; 0014000400400; 0014000401200; 0014000300800), subject to Greenville City Council approval of the PD and per the City's Land Management Ordinance Section 19-3-2.2 (N) of the Code of Ordinance of the City of Greenville. The City Planning Commission, pursuant to public notice, held a public hearing on December 21, 2017, to consider the proposed rezoning, and the commission recommended approval of the PD rezoning contingent upon certain conditions.
The rezoning will not become effective until the developer provides a revised Statement of Intent incorporating the conditions 1-6 listed in the attached Ordinance.
REVISED ORDINANCE: Revisions have been made to the Ordinance since its First Reading on January 22, 2018. As an outcome of completing the required traffic study and addressing additional community concerns, the applicant revised the Statement of Intent and Regulating Plan with updated language regarding Existing Conditions, Development Schedule, and Development Concept.
IMPACT IF DENIED / APPROVED: If denied, the properties will not be rezoned. If approved, the properties will be rezoned.
FINANCIAL IMPACT: N/A
REQUIRED SIGNATURES
Department Director City Attorney
OMB Director City Manager DocuSign Envelope ID: D1F810E7-2F4D-468A-AE80-9C3198876658 REVISED 5/14/2018 Ordinance No. 2018-______
A N O R D I N A N C E
TO REZONE FOUR PARCELS OF LAND CONSISTING OF APPROXIMATELY 4.8 ACRES LOCATED AT BUNCOMBE STREET, WHITNER STREET, HAMPTON AVENUE, AND DUNCAN STREET FROM OD, OFFICE AND INSTITUTIONAL DISTRICT, C-4, CENTRAL BUSINESS DISTRICT AND PD, PLANNED DEVELOPMENT DISTRICT TO PD, PLANNED DEVELOPMENT DISTRICT TO CONSTRUCT A MIXED USE PROJECT (TAX MAP NUMBERS 0014000300103, 0014000400400, 0014000401200, AND 0014000300800) (Z-24-2017)
WHEREAS, The Beach Company applied to the City Planning Commission for approval of a mixed-use development with conditions for a planned development (“PD”) known as Buncombe Street Mixed Use Development to be located at Buncombe Street, Whitner Street, Hampton Avenue and Duncan Street (Tax Map Numbers 0014000300103, 0014000400400, 0014000401200, and 0014000300800), subject to Greenville City Council approval of the PD and per the City's Land Management Ordinance Section 19-3-2.2 (N) of the Code of Ordinance of the City of Greenville; and
WHEREAS, the development includes 20,000 square feet of commercial/retail space, 35 multifamily “townhouse-style” units (3-bedroom), 54 multifamily apartment residences (one-bedroom and studio) located above the commercial/retail space, as well as five (5) studio-style accessory dwelling units (ADU’s) which are included as part of a future phase of the proposed development (collectively the “Project”); and
WHEREAS, the City Planning Commission, pursuant to public notice, held a public hearing on December 21, 2017, to consider the proposed rezoning, and the Commission recommended approval of the PD rezoning contingent upon certain conditions; and
WHEREAS, the Planning Commission found, and City Council concurs the Project meets the criteria for a PD as now fully set forth in Sections 19-2.3.3 and 19-3.2 of the Code of Ordinances of the City of Greenville;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GREENVILLE, SOUTH CAROLINA, City Council approves the PD, “Planned Development,” District for the above-referenced properties located at Buncombe Street, Whitner Street, Hampton Avenue and Duncan Street (Tax Map Numbers 0014000300103, 0014000400400, 0014000401200, and 0014000300800) contingent upon the developer meeting the conditions recommended by the Planning Commission as set forth as follows:
1. Proposed uses shall be neighborhood uses that are aimed to serve the adjacent neighborhood, as those uses shall be consistent with limited to the C-2, Local commercial district as well as additional stipulations outlined in the with the exception of those uses stipulated in the Statement of Intent, along with other restrictions outlined therein. 2. At the time of Final Development Plan submittal, architectural details shall be reminiscent within the surrounding neighborhood; pedestrian scale lighting; street/trees/plant-able areas; and any other applicable multifamily design standards (Sec. 19-6.8) shall be included and addressed. 3. Operation hours of retail/commercial uses shall cease by 12:00 AM, each day, and delivery services/operations and trash services shall cease during the hours of 11:00 PM to 6:30 AM, each day.
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4. The multifamily ‘townhouse-style’ units along Hampton Avenue shall have a front setback that is compatible and in-align with the existing units at the corner of Hampton Avenue and Whitner Street. 5. At the time of Final Development Plan submittal, the required Traffic Study, as depicted within the boundaries shown in Exhibit F, has been completed to the satisfaction of the City of Greenville with no required changes. Traffic calming measures shall be implemented to increase pedestrian safety and encourage pedestrian activity along Whitner Street and Duncan Street. 6. Per 19-2.2.13 of the Code of Ordinances of the City of Greenville, the proposed uses, and the premises to be developed or used, pursuant to such approval is are required to comply with the general goals and policies of this chapter, of with and the particular standards of this chapter to prevent or minimize adverse effects from the proposed development on surrounding lands.
The attached Developer Statement of Intent, shown as Exhibit A, the proposed site plan, shown as Exhibit B, the proposed building design elevation, shown as Exhibit C, land survey, shown as Exhibit D and Zoning Maps prepared by the City’s Planning and Zoning division, shown as Exhibit E, are all incorporated herein by reference for purposes of identifying the scope and conditions of the PD zoning as wells as the location of property. The rezoning will not become effective until the developer provides a revised Statement of Intent incorporating the conditions 1-6 listed above.
DONE, RATIFIED AND PASSED THIS THE _____ DAY OF ______, 2018.
______MAYOR ATTEST:
______CITY CLERK
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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EXHIBIT C
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EXHIBIT F
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REQUEST FOR COUNCIL ACTION Agenda Item No. City of Greenville, South Carolina To: Honorable Mayor and Members of City Council 14b From: John F. Castile, City Manager
Ordinance/First Reading ✔ Ordinance/Second & Final Reading Resolution/First & Final Reading Information Only
AGENDA DATE REQUESTED: May 14, 2018 ORDINANCE/RESOLUTION CAPTION: TO APPROPRIATE $23,051,404 FOR THE FISCAL YEAR 2018-19 CAPITAL BUDGET FOR THE FISCAL YEAR 2018-19 TO FISCAL YEAR 2022-23 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, the sole debt issuance contemplated in the Capital Budget is the Sewer Revenue Bond, Series 2019 which will finance approximately $2.3 million of the $3.25 million in wastewater system improvements planned for FY2019. City Council held committee work sessions on March 6 and March 12. The second reading of this ordinance will be held concurrently with the second reading and adoption of the FY 2018-19 annual operating budget which is currently calendared for May 14. Any changes made during the annual operating budget review process will be reflected in the CIP at second reading.
There are a few differences between the FY2019 CIP budget ordinance and the presentations made to Council at their March 6 and March 12 committee work sessions. Funding for the Liberty Bridge Rehabilitation project was increased by $100,000, and $132,000 in additional funding for the Woodruff Road Sidewalks project was added from Capital Projects Fund Fund Balance. Other changes involving the shifting of funding sources within the Tourism-related funds (Hospitality Tax, Local Accommodations Tax, Sunday Alcohol Permits, Admission Tax) but did not increase the total project funding amount. These changes were brought to Council attention at the April 3 Operating Budget presentation.
IMPACT IF DENIED / APPROVED: 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: 13956F3A-8ABD-4C63-A948-346C374E75AE Ordinance No. 2018 -__
AN ORDINANCE
TO APPROPRIATE $23,051,404 FOR THE FISCAL YEAR 2018-19 CAPITAL BUDGET FOR THE FISCAL YEAR 2018-19 TO FISCAL YEAR 2022-23 CAPITAL IMPROVEMENT PROGRAM
WHEREAS, City Council has met in committee work session on the Capital Improvement Program on March 6 and March 12 and has given 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 $23,051,404 for the Fiscal Year 2018-19 Capital Budget for the Fiscal Year 2018-19 to Fiscal Year 2022-23 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, 2018.
DONE, RATIFIED AND PASSED THIS THE _____ DAY OF ______, 2017.
MAYOR ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
REVIEWED:
CITY MANAGER DocuSign Envelope ID: 13956F3A-8ABD-4C63-A948-346C374E75AE Ordinance No. 2018-__ Page 2
ATTACHMENT A
CAPITAL IMPROVEMENT PROGRAM
FY 2019-2023
CITY OF GREENVILLE, SOUTH CAROLINA
PROJECT SUMMARY SCHEDULE (PROJECTS RECEIVING NEW FUNDING ONLY)
FY 18/19 **********Planning Years Only********** COMMITTED CAPITAL TOTAL Funding Source/Project FUNDING BUDGET FY 19/20 FY 20/21 FY 21/22 FY 22/23 FUNDING
ROADS AND BRIDGES Hampton Area Sidewalks (NEW) General Fund Transfer 0 130,000 0 0 0 0 130,000 Totals 0 130,000 0 0 0 0 130,000
Intersection Safety Improvements (PW3452) General Fund Transfer 200,000 100,000 100,000 100,000 100,000 100,000 700,000 Totals 200,000 100,000 100,000 100,000 100,000 100,000 700,000
NSTEP (New Sidewalk Targeted Expansion Program) General Fund Transfer 2,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 7,000,000 Totals 2,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 7,000,000
Street Resurfacing (PW3431/PW3445) General Fund Transfer 2,064,554 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 7,064,554 Totals 2,064,554 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 7,064,554
Woodruff Road Concrete Medians (NEW) General Fund Transfer 0 200,000 0 0 0 0 200,000 Totals 0 200,000 0 0 0 0 200,000
Woodruff Road Sidewalks (PW3442) Capital Projects Fund 0 132,000 0 0 0 0 132,000 Totals 0 132,000 0 0 0 0 132,000
TOTAL ROADS AND BRIDGES 4,264,554 2,562,000 2,100,000 2,100,000 2,100,000 2,100,000 15,226,554
STREETSCAPES Village of West Greenville Improvements (ED3474) General Fund Transfer 400,000 100,000 100,000 100,000 100,000 100,000 900,000 Totals 400,000 100,000 100,000 100,000 100,000 100,000 900,000
TOTAL STREETSCAPES 400,000 100,000 100,000 100,000 100,000 100,000 900,000
WASTEWATER North Pleasantburg Sewer Culvert Wastewater Fund 0 750,000 0 0 0 0 750,000 Totals 0 750,000 0 0 0 0 750,000
Pelham Rd. Pump Station Replacement (New) Wastewater Fund 0 200,000 0 0 0 0 200,000 Totals 0 200,000 0 0 0 0 200,000
Undesignated Sewer Basin Rehabilitation (SA4106) Sanitary Sewer Revenue Bond - 2019 0 2,300,000 0 0 0 0 2,300,000 Sanitary Sewer Revenue Bond - Future 0 0 2,300,000 2,300,000 2,300,000 2,300,000 9,200,000 Wastewater Fund 1,358,026 0 500,000 500,000 500,000 500,000 3,358,026 Totals 1,358,026 2,300,000 2,800,000 2,800,000 2,800,000 2,800,000 14,858,026
TOTAL WASTEWATER 1,358,026 3,250,000 2,800,000 2,800,000 2,800,000 2,800,000 15,808,026
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FY 18/19 **********Planning Years Only********** COMMITTED CAPITAL TOTAL Funding Source/Project FUNDING BUDGET FY 19/20 FY 20/21 FY 21/22 FY 22/23 FUNDING
STORMWATER Culvert Level of Service Improvements (New) Stormwater Fund 0 1,150,000 1,150,000 400,000 360,000 0 3,060,000 Totals 0 1,150,000 1,150,000 400,000 360,000 0 3,060,000
Floodplain Buyout Program (New) Stormwater Fund 0 150,000 0 450,000 0 0 600,000 Totals 0 150,000 0 450,000 0 0 600,000
Laurens Road Area Flooding (New) Stormwater Fund 0 1,600,000 0 0 0 0 1,600,000 Totals 0 1,600,000 0 0 0 0 1,600,000
Reedy River (Cleveland Park) Bank Stabilization (PW3413) Stormwater Fund 900,000 2,400,000 0 0 0 0 3,300,000 Totals 900,000 2,400,000 0 0 0 0 3,300,000
Stone Lake Dam Outlet Stabilization (New) Stormwater Fund 0 500,000 0 0 0 0 500,000 Totals 0 500,000 0 0 0 0 500,000
Stream Restoration and Stabilization (New) Stormwater Fund 0 0 0 0 1,000,000 1,200,000 2,200,000 Totals 0 0 0 0 1,000,000 1,200,000 2,200,000
Stormwater 2.0 Master Plan (SW3417) Stormwater Fund 1,919,855 (617,882) 0 0 0 0 1,301,973 Totals 1,919,855 (617,882) 0 0 0 0 1,301,973
Stormwater Asset Management & Modeling (New) Stormwater Fund 0 375,000 425,000 425,000 425,000 425,000 2,075,000 Totals 0 375,000 425,000 425,000 425,000 425,000 2,075,000
White Oak Basin Phase II (SW3410) Stormwater Fund 2,145,000 (1,843,928) 0 0 0 0 301,072 Totals 2,145,000 (1,843,928) 0 0 0 0 301,072
TOTAL STORMWATER 4,964,855 3,713,190 1,575,000 1,275,000 1,785,000 1,625,000 14,938,045
PARKS AND RECREATION City Park Phase II (PR4172) Hospitality Tax Fund 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 12,000,000 Totals 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 12,000,000
Interstate 385 Embankment Landscaping (PR4171) General Fund Transfer 160,000 160,000 0 0 0 0 320,000 Totals 160,000 160,000 0 0 0 0 320,000
Main Street Tree Rehabilitation (PR4095) Downtown Infrastructure Fund 1,661,985 75,000 75,000 75,000 75,000 75,000 2,036,985 Totals 1,661,985 75,000 75,000 75,000 75,000 75,000 2,036,985
Neighborhood Park Improvements II (PR4159) General Fund Transfer 834,389 492,675 501,078 509,597 518,235 528,600 3,384,574 Totals 834,389 492,675 501,078 509,597 518,235 528,600 3,384,574
Laurens Road Trail (PR4138) Hospitality Tax Fund 2,500,000 1,500,000 0 0 0 0 4,000,000 Totals 2,500,000 1,500,000 0 0 0 0 4,000,000
Liberty Bridge Rehab Phase II General Fund Transfer 260,000 270,000 0 0 0 0 530,000 Totals 260,000 270,000 0 0 0 0 530,000
Greenways and Trails (PR4173) Hospitality Tax Fund 851,919 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 5,851,919 Totals 851,919 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 5,851,919
TOTAL PARKS AND RECREATION 8,268,293 5,497,675 3,576,078 3,584,597 3,593,235 3,603,600 28,123,478
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FY 18/19 **********Planning Years Only********** COMMITTED CAPITAL TOTAL Funding Source/Project FUNDING BUDGET FY 19/20 FY 20/21 FY 21/22 FY 22/23 FUNDING
ECONOMIC DEVELOPMENT Art in Public Places Local Accommodations Tax Fund 350,000 75,000 75,000 75,000 75,000 75,000 725,000 Totals 350,000 75,000 75,000 75,000 75,000 75,000 725,000
SC Children's Theatre (ED3506) Hospitality Tax Fund 600,000 300,000 300,000 300,000 0 0 1,500,000 Totals 600,000 300,000 300,000 300,000 0 0 1,500,000
Commercial Corridors (ED3451) General Fund Transfer 1,500,000 500,000 500,000 500,000 500,000 500,000 4,000,000 Totals 1,500,000 500,000 500,000 500,000 500,000 500,000 4,000,000
Economic Development Project Account (ED3500) TIF Surplus Revenues 12,460,721 2,630,472 3,116,888 3,180,164 3,889,177 4,132,590 29,410,013 Totals 12,460,721 2,630,472 3,116,888 3,180,164 3,889,177 4,132,590 29,410,013
Econ. Dev. Project Account - Viola (ED3499) General Fund Transfer 411,040 229,724 233,067 236,443 239,853 243,298 1,593,425 Totals 411,040 229,724 233,067 236,443 239,853 243,298 1,593,425
Fluor Field Capital Maintenance Admissions Tax Fund 0 0 0 30,000 30,000 30,000 90,000 Local Accommodations Tax Fund 0 150,000 0 0 0 0 150,000 Sunday Alcohol Permits Fund 0 0 150,000 120,000 120,000 120,000 510,000 Totals 0 150,000 150,000 150,000 150,000 150,000 750,000
Fluor Field Stadium Improvements (ED3501) Admissions Tax Fund 0 185,000 30,000 0 0 0 215,000 Local Accommodations Tax Fund 2,000,000 565,000 820,000 0 0 0 3,385,000 Sunday Alcohol Permits Fund 900,000 250,000 250,000 0 0 0 1,400,000 Totals 2,900,000 1,000,000 1,100,000 0 0 0 5,000,000
TD Convention Center Conference Center (ED3487) Sunday Alcohol Permits Fund 300,000 175,000 75,000 75,000 75,000 75,000 775,000 Local Accommodations Tax Fund 1,130,000 1,175,000 425,000 1,175,000 425,000 425,000 4,755,000 Totals 1,430,000 1,350,000 500,000 1,250,000 500,000 500,000 5,530,000
TOTAL ECONOMIC DEVELOPMENT 19,651,761 6,235,196 5,974,955 5,691,607 5,354,030 5,600,888 48,508,438
PUBLIC SAFETY Fire SAFER Grant Savings (PS3428) General Fund Transfer 599,230 7,730 0 0 0 0 606,960 Totals 599,230 7,730 0 0 0 0 606,960
Fire Station Improvements (PS3428) General Fund Transfer 3,886,017 386,181 399,106 417,810 412,512 367,446 5,869,072 Totals 3,886,017 386,181 399,106 417,810 412,512 367,446 5,869,072
Police Body Cameras (PS3440) General Fund Transfer 557,004 219,432 219,432 219,432 0 0 1,215,300 Totals 557,004 219,432 219,432 219,432 0 0 1,215,300
Police Dispatch Consoles (NEW) General Fund Transfer 0 205,000 205,000 0 0 0 410,000 Totals 0 205,000 205,000 0 0 0 410,000
Public Safety Cameras and Infrastructure (PS3423) Hospitality Tax Fund 1,500,000 250,000 75,000 75,000 75,000 75,000 2,050,000 Totals 1,500,000 250,000 75,000 75,000 75,000 75,000 2,050,000
TOTAL PUBLIC SAFETY 6,542,251 1,068,343 898,538 712,242 487,512 442,446 10,151,332
PARKING Parking Garage Rehabilitation (PT1012) Parking Enterprise Fund 1,650,000 625,000 625,000 625,000 625,000 625,000 4,775,000 Totals 1,650,000 625,000 625,000 625,000 625,000 625,000 4,775,000
TOTAL PARKING 1,650,000 625,000 625,000 625,000 625,000 625,000 4,775,000
TOTAL, ALL PROJECTS 47,099,740 23,051,404 17,649,572 16,888,446 16,844,777 16,896,933 138,430,872
DocuSign Envelope ID: 13956F3A-8ABD-4C63-A948-346C374E75AE Ordinance No. 2018-__ Page 5
ATTACHMENT B
CAPITAL IMPROVEMENT PROGRAM
FY 2019-2023
CITY OF GREENVILLE, SOUTH CAROLINA SUMMARY BY FUNDING SOURCE (PROJECTS RECEIVING NEW FUNDING ONLY)
FY 18/19 **********Planning Years Only********** COMMITTED CAPITAL TOTAL Funding Source/Project FUNDING BUDGET FY 19/20 FY 20/21 FY 21/22 FY 22/23 FUNDING
Admissions Tax Fund Fluor Field Capital Maintenance 0 0 0 30,000 30,000 30,000 90,000 Fluor Field Stadium Improvements 0 185,000 30,000 0 0 0 215,000 Subtotal, Admissions Tax Fund 0 185,000 30,000 30,000 30,000 30,000 305,000
Capital Projects Fund Woodruff Road Sidewalks 0 132,000 0 0 0 0 132,000 Subtotal, Capital Projects Fund 0 132,000 0 0 0 0 132,000
Downtown Infrastructure Fund Main Street Tree Rehabilitation 1,661,985 75,000 75,000 75,000 75,000 75,000 2,036,985 Subtotal, Downtown Infrastructure Fund 1,661,985 75,000 75,000 75,000 75,000 75,000 2,036,985
General Fund Transfer Commercial Corridors 1,500,000 500,000 500,000 500,000 500,000 500,000 4,000,000 Economic Development Project Fund -Viola 411,040 229,724 233,067 236,443 239,853 243,298 1,593,425 Fire SAFER Grant Savings 599,230 7,730 0 0 0 0 606,960 Fire Station Improvements 3,886,017 386,181 399,106 417,810 412,512 367,446 5,869,072 Hampton Area Sidewalks 0 130,000 0 0 0 0 130,000 Intersection Safety Improvements 200,000 100,000 100,000 100,000 100,000 100,000 700,000 I-385 Embankment Landscaping 160,000 160,000 0 0 0 0 320,000 Liberty Bridge Rehab Phase II 260,000 270,000 0 0 0 0 530,000 Neighborhood Park Improvements II 834,389 492,675 501,078 509,597 518,235 528,600 3,384,574 NSTEP (New Sidewalk Targeted Expansion Program) 2,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 7,000,000 Police Body Cameras 557,004 219,432 219,432 219,432 0 0 1,215,300 Public Safety Dispatch Consoles 0 205,000 205,000 0 0 0 410,000 Street Resurfacing 2,064,554 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 7,064,554 Village of West Greenville Improvements 400,000 100,000 100,000 100,000 100,000 100,000 900,000 Woodruff Road Concrete Medians 0 200,000 0 0 0 0 200,000 Subtotal, General Fund Transfer 12,872,234 5,000,742 4,257,683 4,083,282 3,870,600 3,839,343 33,923,884
Hospitality Tax Fund SC Children's Theatre 600,000 300,000 300,000 300,000 0 0 1,500,000 City Park Phase II 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 12,000,000 Public Safety Cameras and Infrastructure 1,500,000 250,000 75,000 75,000 75,000 75,000 2,050,000 Greenways and Trails 851,919 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 5,851,919 Laurens Road Trail 2,500,000 1,500,000 0 0 0 0 4,000,000 Subtotal, Hospitality Tax Fund 7,451,919 5,050,000 3,375,000 3,375,000 3,075,000 3,075,000 25,401,919
Local Accommodations Tax Fund Art in Public Places 350,000 75,000 75,000 75,000 75,000 75,000 725,000 Fluor Field Capital Maintenance 0 150,000 0 0 0 0 150,000 Fluor Field Stadium Improvements 2,000,000 565,000 820,000 0 0 0 3,385,000 TD Convention Center Conference Center 1,130,000 1,175,000 425,000 1,175,000 425,000 425,000 4,755,000 Subtotal, Local Accommodations Tax Fund 3,480,000 1,965,000 1,320,000 1,250,000 500,000 500,000 9,015,000
Parking Enterprise Fund Parking Garage Rehabilitation 1,650,000 625,000 625,000 625,000 625,000 625,000 4,775,000 Subtotal, Parking Fund 1,650,000 625,000 625,000 625,000 625,000 625,000 4,775,000
DocuSign Envelope ID: 13956F3A-8ABD-4C63-A948-346C374E75AE Ordinance No. 2018-__ Page 6
FY 18/19 **********Planning Years Only********** COMMITTED CAPITAL TOTAL Funding Source/Project FUNDING BUDGET FY 19/20 FY 20/21 FY 21/22 FY 22/23 FUNDING
Sanitary Sewer Revenue Bond - 2019 Undesignated Sewer Basin Rehabilitation 0 2,300,000 0 0 0 0 2,300,000 Subtotal, Sanitary Sewer Revenue Bond - 2019 0 2,300,000 0 0 0 0 2,300,000
Sanitary Sewer Revenue Bond - Future Years Undesignated Sewer Basin Rehabilitation 0 0 2,300,000 2,300,000 2,300,000 2,300,000 9,200,000 Subtotal, Sanitary Sewer Revenue Bond - Future 0 0 2,300,000 2,300,000 2,300,000 2,300,000 9,200,000
Stormwater Fund Culvert Level of Service Improvements 0 1,150,000 1,150,000 400,000 360,000 0 3,060,000 Floodplain Buyout Program 0 150,000 0 450,000 0 0 600,000 Laurens Road Area Flooding 0 1,600,000 0 0 0 0 1,600,000 Reedy River (Cleveland Park) Bank Stabilization 900,000 2,400,000 0 0 0 0 3,300,000 Stormwater Asset Management & Modeling 0 375,000 425,000 425,000 425,000 425,000 2,075,000 Stormwater 2.0 Master Plan 1,919,855 (617,882) 0 0 0 0 1,301,973 Stone Lake Dam Outlet Stabilization 0 500,000 0 0 0 0 500,000 Stream Restoration and Stabilization 0 0 0 0 1,000,000 1,200,000 2,200,000 White Oak Basin Phase II 2,145,000 (1,843,928) 0 0 0 0 301,072 Subtotal, Stormwater Fund 4,964,855 3,713,190 1,575,000 1,275,000 1,785,000 1,625,000 14,938,045
Sunday Alcohol Permits Fund Fluor Field Capital Maintenance 0 0 150,000 120,000 120,000 120,000 510,000 Fluor Field Stadium Improvements 900,000 250,000 250,000 0 0 0 1,400,000 TD Convention Center Conference Center 300,000 175,000 75,000 75,000 75,000 75,000 775,000 Subtotal, Sunday Alcohol Permits Fund 1,200,000 425,000 475,000 195,000 195,000 195,000 2,685,000
TIF Surplus Revenues Economic Development Project Account 12,460,721 2,630,472 3,116,888 3,180,164 3,889,177 4,132,590 29,410,013 Subtotal, TIF Surplus Revenues 12,460,721 2,630,472 3,116,888 3,180,164 3,889,177 4,132,590 29,410,013
Wastewater Fund North Pleasantburg Sewer Culvert 0 750,000 0 0 0 0 750,000 Pelham Rd. Pump Station Replacement 0 200,000 0 0 0 0 200,000 Undesignated Sewer Basin Rehabilitation 1,358,026 0 500,000 500,000 500,000 500,000 3,358,026 Subtotal, Wastewater Fund 1,358,026 950,000 500,000 500,000 500,000 500,000 4,308,026
TOTAL, ALL FUNDING SOURCES 47,099,740 23,051,404 17,649,572 16,888,446 16,844,777 16,896,933 138,430,872
DocuSign Envelope ID: C048F387-C1DC-4531-824C-F0A44B76D8B6
REQUEST FOR COUNCIL ACTION Agenda Item No. City of Greenville, South Carolina To: Honorable Mayor and Members of City Council 14c From: John F. Castile, City Manager
Ordinance/First Reading ✔ Ordinance/Second & Final Reading Resolution/First & Final Reading Information Only
AGENDA DATE REQUESTED: May 14, 2018 ORDINANCE/RESOLUTION CAPTION: TO PROVIDE FOR THE ADOPTION OF A CITY OPERATING BUDGET, ITS EXECUTION AND EFFECT, FOR THE FISCAL PERIOD JULY 1, 2018 THROUGH JUNE 30, 2019, AND DECLARING CERTAIN TAX INCREMENT FINANCING REVENUES NET OF DEBT SERVICE PAYMENTS SURPLUS (REVISED)
SUMMARY BACKGROUND:
City Council held work sessions on the FY 2018-19 Operating Budget on April 3, April 9 and April 17. A public hearing was held prior to first reading during the April 23rd meeting to solicit public comment on the FY 2018-19 Operating Budget.
The Ordinance being presented to City Council reflects the financial program as presented in the budget workshops, with minor modifications due to updated federal Community Development funding awards. This increased the City's overall budget by $186,767.
The FY 2018-19 Operating Budget maintains the current property tax millage of 85.3 mills, adjusts stormwater fees by 2.2% percent reflecting the increase in the Consumer Price Index (CPI) over the past year and wastewater fees by an average of 4.9% percent reflecting the increase in the CPI and the rehabilitation fee associated with the next round of debt issuance to support the wastewater rehabilitation program.
The proposed budget does not include funding for the following identified "boulders" and unfunded projects as recognized in the budget workshops:
Public Safety Administration space; Additional funding for Affordable Housing initiatives; Staff capacity/limitations to take on new initiatives; Stone Avenue Fire Station Replacement; Cleveland Park Master Plan Implementation; Additional Renovations to the Laurens Road Armory; West End Market plaza renovation; Greenline/Spartanburg neighborhood improvements; Augusta and Laurens streetscape plans; Cultural Corridor Urban Trail; Rhett Street area streetscape/road alignment; Salters/Mall Connector alignment (Verdae partnership); Repairs to City Hall; Agreement with Greater Greenville Sanitation
IMPACT IF DENIED / APPROVED: Without an operating budget in place, the City will be required to cease operations on July 1, 2018, absent a continuing resolution. If approved, the City will begin executing the operating budget for FY 2018-19.
FINANCIAL IMPACT: If adopted, the budget will authorize $200,791,654 in expenditures across all funds.
REQUIRED SIGNATURES
Department Director City Attorney
OMB Director City Manager DocuSign Envelope ID: C048F387-C1DC-4531-824C-F0A44B76D8B6 REVISED 5/14/2018 Ordinance No. 2018-____
A N O R D I N A N C E
TO PROVIDE FOR THE ADOPTION OF A CITY OPERATING BUDGET, ITS EXECUTION AND EFFECT, FOR THE FISCAL PERIOD JULY 1, 2018 THROUGH JUNE 30, 2019, AND DECLARING CERTAIN TAX INCREMENT FINANCING REVENUES NET OF DEBT SERVICE PAYMENTS SURPLUS
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GREENVILLE, SOUTH CAROLINA,
Section 1. In accordance with Section 2-196 of the Code of Ordinances of the City of Greenville, South Carolina, there is hereby adopted for the fiscal period July 1, 2018, to June 30, 2019, an operating budget for the City of Greenville, South Carolina, based on budget estimates of various funds as prepared by the City Manager and incorporated into the FY 2018-19 operating budget document, and as modified by the schedule listed in Section 2, below.
Section 2. The total revenues and expenditures for the fiscal period are estimated as follows: Fund Balance Accumulated Fund Revenues Expenditures (Appropriated) General Fund $88,527,020 $89,007,085 ($480,065)
Internal Service Funds Health Benefits $14,391,254 $14,391,254 $0 Risk Management $3,477,071 $3,477,071 $0 Fleet Services $3,911,317 $4,047,381 ($136,064)
Special Revenue Funds Community Development $777,530 $777,530 $0 HOME Program $307,552 $307,552 $0 HOPWA Program $475,984 $475,984 $0 Hospitality Tax $11,782,671 $13,325,923 ($1,543,252) Sunday Alcohol Permits $402,918 $545,000 ($142,082) State Accommodations Tax $2,764,048 $3,038,166 ($274,118) Local Accommodations Tax $4,252,447 $4,697,299 ($444,852) Admissions Tax $30,162 $185,000 ($154,838) Victim Witness $126,310 $126,310 $0 Utility Undergrounding $1,068,617 $1,068,617 $0 Solid Waste $6,227,598 $6,655,463 ($427,865) Transit $5,808,868 $5,808,868 $0 Event Management $915,531 $915,531 $0
Enterprise Funds TD Convention Center $8,694,961 $8,694,961 $0 Wastewater $8,248,479 $8,203,621 $44,858 Stormwater Management $6,015,869 $8,296,524 ($2,280,655) Greenville Zoo $3,187,964 $3,333,445 ($145,481) Parking $9,832,966 $8,807,654 $1,025,312 DocuSign Envelope ID: C048F387-C1DC-4531-824C-F0A44B76D8B6 REVISED 5/14/2018 Ordinance No. 2018 -_____ Page 2
Fund Balance Accumulated Fund Revenues Expenditures (Appropriated) Debt Service Funds Downtown Infrastructure $10,731,573 $10,731,573 $0 West End Tax Increment $3,873,842 $3,873,842 $0
Total (Memorandum Only) $195,832,552 $200,791,654 ($4,959,102)
Section 3. Within each fund, the City Manager shall have the authority to transfer appropriated funds within any of the designated expenditure categories, and such transfers shall be entered on the books of account of the City. Within each fund, the City Manager also shall have the authority to transfer funds across departmental accounts. to implement salary adjustments and staff reorganization. The City Manager is authorized to implement salary adjustments, staff reorganization, approve job titles, pay grades, establish evaluation points, and make salary adjustments upon the recommendation of the Human Resources Director and within the amounts appropriated in this budget.
Section 4. A bound copy of the budget document containing detailed schedules which support the appropriations set forth in Section 2, above, shall be attested 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 5. The sums appropriated and set forth in the detailed schedules for personnel services shall be paid in accordance with the current pay plan, or as shown in the budget for those positions not classified under the pay plan.
Section 6. All sums received by the City of Greenville from any source whatsoever, unless by law designated for some special fund or purpose, may be used in meeting disbursements from the General Fund, as described in Section 2, above.
Section 7. Any unexpended encumbrances remaining after the conclusion of the fiscal year ending June 30, 2018 shall be re-appropriated in the fiscal year beginning July 1, 2018.
Section 8. The City Manager is authorized to inform the County Tax Collector, or such other officer of the County as may be appropriate, to levy such ad valorem millage as will be reasonable and appropriate to raise the ad valorem revenue reflected in the approved budget, provided such millage does not exceed the current rate.
Section 9. For all items designated “City Council Reserve” in the bound budget document, expenditures shall only be incurred after a resolution of City Council approves such expenditures.
Section 10. For the fiscal period July 1, 2018 to June 30, 2019 and subject to the inter-governmental agreements in place with the School District of Greenville County and the County of Greenville, the gross collections of tax increment revenues for the Central Business District and the West End District, less the payments of principal and interest due on the outstanding tax increment bonds, are declared surplus for purposes of Title 31, Chapter 6 of the South Carolina Code of Laws. DocuSign Envelope ID: C048F387-C1DC-4531-824C-F0A44B76D8B6 REVISED 5/14/2018 Ordinance No. 2018 -_____ Page 3
Section 11. This Ordinance shall become effective on July 1, 2018.
DONE, RATIFIED AND PASSED THIS THE _____ DAY OF ______, 2018.
______MAYOR
ATTEST:
______CITY CLERK
APPROVED AS TO FORM:
______CITY ATTORNEY
REVIEWED:
______CITY MANAGER DocuSign Envelope ID: F9B4C15F-DBC2-43FC-A22D-5D8C187E9036
REQUEST FOR COUNCIL ACTION Agenda Item No. City of Greenville, South Carolina
To: Honorable Mayor and Members of City Council 15a From: John F. Castile, City Manager
✔ Ordinance/First Reading Ordinance/Second & Final Reading Resolution/First & Final Reading Information Only
AGENDA DATE REQUESTED: 5/14/2018 ORDINANCE/RESOLUTION CAPTION: TO AMEND PORTIONS OF SECTION 19-5.2.5, MULTIPLE-FAMILY DEVELOPMENTS, AND SECTION 19-6.8.9(D)(1), MULTIFAMILY DESIGN STANDARDS, BUILDING FACADES OF THE CODE OF ORDINANCES OF THE CITY OF GREENVILLE TO REMOVE TEXT NOT APPLICABLE TO MULTIFAMILY STANDARDS (Z-8-2018)
SUMMARY BACKGROUND: This Ordinance removes text that is not applicable to multifamily standards.
IMPACT IF DENIED / APPROVED: If denied, portions of Sections 19-5.2.5 and 19-6.8.9(D)(1) will not be amended. If approved, portions of portions of Sections 19-5.2.5 and 19-6.8.9(D)(1) will be amended.
FINANCIAL IMPACT: N/A
REQUIRED SIGNATURES
Department Director City Attorney
OMB Director City Manager DocuSign Envelope ID: F9B4C15F-DBC2-43FC-A22D-5D8C187E9036 Ordinance No. 2018-____
A N O R D I N A N C E
TO AMEND PORTIONS OF SECTION 19-5.2.5, MULTIPLE-FAMILY DEVELOPMENTS, AND SECTION 19-6.8.9(D)(1), MULTIFAMILY DESIGN STANDARDS, BUILDING FACADES, OF THE CODE OF ORDINANCES OF THE CITY OF GREENVILLE TO REMOVE TEXT NOT APPLICABLE TO MULTIFAMILY STANDARDS (Z-8-2018)
WHEREAS, Planning Staff proposed amending Section 19-5.2.5, Multiple-family developments, and Section 19-6.8.9(D)(1), Multifamily design standards, building facades, of the Code of Ordinances of the City of Greenville to remove text that is not applicable to multifamily standards; and
WHEREAS, the Planning Commission, pursuant to public notice, held a public hearing on April 19, 2018, to consider the proposed amendments as presented by Planning Staff; and
WHEREAS, City Council adopts the recommendations of the Planning Commission and further finds the amendments are consistent with the provisions of the Land Management Ordinance and with the goals of the Comprehensive Plan, and in addition, the amendments promote high-quality, pedestrian-oriented, and compact development that will have beneficial impacts on the natural environment and will be adequately served by public facilities and services;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GREENVILLE, SOUTH CAROLINA, Section 19-5.2.5, Multiple-family developments, and Section 19.6.8.9(D)(1), Multifamily design standards, building facades, of the Code of Ordinances of the City of Greenville are amended as described on the attached Exhibit A, which is incorporated herein by reference. DONE, RATIFIED AND PASSED THIS THE _____ DAY OF ______, 2018.
______MAYOR
ATTEST:
______CITY CLERK
APPROVED AS TO FORM:
______CITY ATTORNEY
REVIEWED:
______CITY MANAGER DocuSign Envelope ID: F9B4C15F-DBC2-43FC-A22D-5D8C187E9036 Ordinance No. 2018 -_____ Page 2
EXHIBIT A
Sec. 19-5.2. - Definitions/measurement.
19-5.2.5. Multiple-family developments. Multiple-family developments (such as townhouses and apartments) do not have internal setback requirements. However, the appropriate setbacks prescribed for the zoning district in which the development is located shall be applied to the external boundaries of the overall development lot or site.
Sec. 19-6.8. - Design standards for multifamily residential development. 19-6.8.9. Multifamily design standards. (D) Building facades. (1) Attached single-family residential buildings shall be limited to a maximum of six units per building (see Figure 19-6.8-3).
Figure 19-6.8-3 Maximum of six attached single-family units
This picture to be removed
DocuSign Envelope ID: 06547AAB-ECB8-4D70-8297-A861A261548D
REQUEST FOR COUNCIL ACTION Agenda Item No. City of Greenville, South Carolina To: Honorable Mayor and Members of City Council 15b From: John F. Castile, City Manager
✔ Ordinance/First Reading Ordinance/Second & Final Reading Resolution/First & Final Reading Information Only
AGENDA DATE REQUESTED: MAY 14, 2018
ORDINANCE/RESOLUTION CAPTION: TO RATIFY CERTAIN CONTRACTS FOR THE ACQUISITION OF LAND IN THE CITY PARK AREA AND TO APPROPRIATE $3,500,000 FROM THE HOSPITALITY TAX FUND FOR SAID ACQUISITIONS
SUMMARY BABCKGROUND: This Ordinance appropriates $3,500,000 from the Hospitality Tax Fund for the purchase of property in the area of the proposed City Park and, further, ratifies and confirms several contracts executed by the City Manager for those acquisitions. There are several parcels that the City is currently in the process of purchasing, and the project does not currently have sufficient funding to complete the purchases. This appropriation will increase the available funding in the two City Park projects (PR4137 and PR4172) to approximately $5.6 million. After the pending property purchases, there will be approximately $65k left in the projects until the FY2018-19 deposit of $2 million is made after July 1.
IMPACT IF DENIED OR APPROVED: If denied, the City will not be able to complete the pending property purchases. If approved, the City may proceed with the purchase of property.
FINANCIAL IMPACT: This item decreases the Hospitality Tax Fund Fund Balance by $3,500,000. There is sufficient balance available for this appropriation. This amount was included in OMB's FY18 year-end forecast so it will not impact the projected FY18 results.
REQUIRED SIGNATURES
Department Director City Attorney
OMB Director City Manager DocuSign Envelope ID: 06547AAB-ECB8-4D70-8297-A861A261548D Ordinance No. 2018-____
A N O R D I N A N C E
TO RATIFY CERTAIN CONTRACTS FOR THE ACQUISITION OF LAND IN THE CITY PARK AREA AND TO APPROPRIATE $3,500,000 FROM THE HOSPITALITY TAX FUND FOR SAID ACQUISITIONS
WHEREAS, the city of Greenville has a desire to develop a new regional park in the area of the former Public Works complex; and
WHEREAS, the City has been acquiring the necessary property and right-of-way to construct the envisioned park; and
WHEREAS, the City is currently in the process of purchasing multiple parcels of land in the City Park area;
WHEREAS, as part of that process the City Manager executed the following contracts to purchase real estate in the City Park area, all of which were contingent upon, among other things, the appropriation of funds by City Council: (a) contract between the City and Smith Dray Line & Storage Co, Inc. and T&N Enterprises dated March 13, 2018 (Tax Map Numbers 55-1-3.1 and 55-1-3.4); (b) contract between the City and Richard William Hills, Jr., dated April 27, 2018 (Tax Map Number 52- 4.11.6); (c) contract between the City and S.C. Asset Management Company, LLC, dated April 11, 2018 (Tax Map Numbers 52-4-12 and 52-4-9.6); and (d) contract between the City and Willimon Investments, LLC, dated May 4, 2018 (Tax Map Number 52-4-11.7) (collectively, the “Contracts”); and
WHEREAS, the City Park projects do not have sufficient funding to complete the property purchases currently in progress, and City Council desires to appropriate the funds necessary to close upon the acquisitions; and
WHEREAS, there is sufficient Fund Balance available in the Hospitality Tax Fund for appropriation in order to complete the property purchases;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GREENVILLE, SOUTH CAROLINA, the amount of $3,500,000 is appropriated in the Hospitality Tax Fund and Capital Projects Fund as reflected in the attached Exhibit. In addition, the City Council ratifies and confirms the Contracts. This Ordinance shall become effective upon passage on the second and final reading.
DONE, RATIFIED AND PASSED THIS THE ____ DAY OF ______, 2018.
______MAYOR
ATTEST:
______CITY CLERK DocuSign Envelope ID: 06547AAB-ECB8-4D70-8297-A861A261548D Ordinance No. 2018 -_____ Page 2
APPROVED AS TO FORM:
______CITY ATTORNEY
REVIEWED:
______CITY MANAGER DocuSign Envelope ID: 06547AAB-ECB8-4D70-8297-A861A261548D Ordinance No. 2018 -_____ Page 3
EXHIBIT
BUDGET AMENDMENT - 2018 HTAX Property Purchases
BUDGET Hospitality Tax Fund/Capital Projects Fund REQUESTED BY Parks & Recreation
FISCAL YEAR 2017-18 DATE
INCREASE DECREASE
Description Description
Hospitality Tax Fund Fund Balance Appropriated (Rev) 3,500,000
Transfer to Capital Projects (Exp) 3,500,000
Capital Projects Fund Transfer from Hospitality Tax Fund (Rev) 3,500,000
ROW/Site Acquisition (Exp) 3,500,000
Explanation: To appropriate $3,500,000 in the Hospitality Tax Fund and Capital Projects Fund for the purchase of property in the City Park area.
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
122-0000-390.10-01 3,500,000 341-0000-101.05-00 DR 3,500,000
122-9030-491.81-41 3,500,000 122-0000-101.05-00 CR 3,500,000
PR4172 341-0000-391.81-22 3,500,000 122-9030-491.81-41 DR 3,500,000
PR4172 341-9010-455.68-02 5,500,000 PR4172 341-0000-391.81-22 CR 3,500,000
PR4172 341-9010-455.68-04 (2,000,000)
Total 14,000,000 Total 14,000,000
Prepared By Posted By Date Number
DocuSign Envelope ID: E8AC2A79-95B0-442D-BE54-0760EDDC1E30
REQUEST FOR COUNCIL ACTION Agenda Item No. City of Greenville, South Carolina
To: Honorable Mayor and Members of City Council 15c From: John F. Castile, City Manager
✔ Ordinance/First Reading Ordinance/Second & Final Reading Resolution/First & Final Reading Information Only
AGENDA DATE REQUESTED: May 14, 2018 ORDINANCE/RESOLUTION CAPTION: TO APPROPRIATE $1,356,940 IN THE UTILITY UNDERGROUNDING FUND FOR THE WEST WASHINGTON STREET UNDERGROUNDING PROJECT
SUMMARY BACKGROUND:
This Ordinance appropriates funds to proceed with the burial of overhead power lines and other communication lines on West Washington Street near the Greenville Water System campus. The construction bid for the project is $1,305,540, plus a contingency of 15% percent, bringing the total to $1,356,940. Duke Energy will share $478,944 of that cost. The City's share of the cost includes the portion for Charter, AT&T, Level 3 and Spirit Communications that Duke does not participate in.
The City's Utility Undergrounding Fund will have an estimated available fund balance of $2.1 million at the end of FY18 after accounting for this appropriation. Other projects scheduled to move forward as funding allows include Augusta Street crossing reductions and residential primary undergrounding for McDaniel Heights and Cleveland Park Drive.
IMPACT IF DENIED / APPROVED: If denied, the project will not move forward to construction. If approved, the the West Washington Undergrounding project will move forward.
FINANCIAL IMPACT: This action will reduce the City's available Utility Undergrounding fund balance by approximately $878,000. There is sufficient available fund balance for this appropriation.
REQUIRED SIGNATURES
Department Director City Attorney
OMB Director City Manager DocuSign Envelope ID: E8AC2A79-95B0-442D-BE54-0760EDDC1E30
Ordinance No. 2018-____
AN O R D I N A N C E
TO APPROPRIATE $1,356,940 IN THE UTILITY UNDERGROUNDING FUND FOR THE WEST WASHINGTON STREET UNDERGROUNDING PROJECT
WHEREAS, the city of Greenville seeks to relocate utility lines to improve reliability and appearance on its commercial corridors and within its central business district; and
WHEREAS, the City has dedicated one (1%) percent of its Duke Power franchise fee for undergrounding; and
WHEREAS, Greenville Water System has made significant improvements on West Washington Street and undergrounding of overhead utility lines is now appropriate in order to address the appearance and safety needed for the increased activity in the area as well as to enhance the conditions necessary to promote further redevelopment activity; and
WHEREAS, the City’s share of the construction cost for the West Washington undergrounding project is estimated at $878,000, including the cost for the undergrounding of Charter, AT&T, Level 3 and Spirit Communication overhead facilities; and
WHEREAS, Duke Energy of the Carolinas, LLC will share approximately $479,000 of the total construction cost for which Duke will reimburse the City upon the successful completion of the project; and
WHEREAS, the FY 2017-18 Utility Undergrounding Fund balance available after this appropriation will be approximately $2.1 million, including both City and Duke available funding;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GREENVILLE, SOUTH CAROLINA, City Council hereby appropriates $1,356,940 in the Utility Undergrounding Fund for the construction of the West Washington Street Undergrounding Project as reflected in the attached Exhibit. This Ordinance shall go into effect upon second and final reading.
DONE, RATIFIED AND PASSED THIS THE _____ DAY OF ______, 2018.
______MAYOR ATTEST:
______CITY CLERK
APPROVED AS TO FORM:
______CITY ATTORNEY
REVIEWED:
______CITY MANAGER DocuSign Envelope ID: E8AC2A79-95B0-442D-BE54-0760EDDC1E30
Ordinance No. 2018-____ Page 2 EXHIBIT
BUDGET AMENDMENT - 2018 West Washington Undergrounding
BUDGET Utility Undergrounding Fund REQUESTED BY Public Works
FISCAL YEAR 2017-2018 DATE
INCREASE DECREASE
Description Description
Utility Undergrounding Fund Fund Balance Appropriation (Rev) 877,996
Miscellaneous Revenue (Rev) 478,944
Undergrounding Commerical (Exp) 1,356,940
Explanation: To appropriate $1,356,940 in the Utility Undergrounding Fund for the the West Washington Street Undergrounding 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
UU1015 136-0000-390.10-01 877,996
UU1015 136-0000-368.10-99 478,944
UU1015 136-1510-411.48-26 1,356,940
Total 2,713,880 Total -
Prepared By Posted By Date Number
DocuSign Envelope ID: FC1954B1-2B39-400A-9A1F-B2C22D4996FF
REQUEST FOR COUNCIL ACTION Agenda Item No. City of Greenville, South Carolina To: Honorable Mayor and Members of City Council 16a From: John F. Castile, City Manager
Ordinance/First Reading Ordinance/Second & Final Reading ✔ Resolution/First & Final Reading Information Only
AGENDA DATE REQUESTED: May 14, 2018 ORDINANCE/RESOLUTION CAPTION: TO ACCEPT A DEDICATION FROM CENTERPOINTE MOB PARTNERSHIP AND VERDAE PROPERTIES OF 0.595 ACRE (25,929 SQUARE FEET) OF PUBLIC RIGHT OF WAY FOR HILTON ROAD RELOCATION INTO THE CITY STREET SYSTEM
SUMMARY BACKGROUND: Centerpointe MOB Partnership developed a medical-office park at the intersection of Verdae Boulevard and Salters Road. As part of the development, a portion of Hilton Road was abandoned and relocated to connect with Verdae Boulevard. The right of way abandonment for Hilton Road was approved June 24, 2015. The Hilton Road relocation is complete and ready to be accepted into the City's street system.
IMPACT IF DENIED / APPROVED: If denied, the street will not be accepted and will remain private. If accepted, the street will be accepted into the City's street system.
FINANCIAL IMPACT: None
REQUIRED SIGNATURES
Department Director City Attorney
OMB Director City Manager DocuSign Envelope ID: FC1954B1-2B39-400A-9A1F-B2C22D4996FF
RESOLUTION NO. 2018-_____
A R E S O L U T I O N
TO ACCEPT A DEDICATION FROM CENTERPOINTE MOB PARTNERSHIP AND VERDAE PROPERTIES OF 0.595 ACRE (25,929 SQ. FT.) OF PUBLIC RIGHT OF WAY FOR HILTON ROAD RELOCATION INTO THE CITY STREET SYSTEM
WHEREAS Centerpointe MOB Partnership developed a medical office park at the intersection of Verdae Boulevard and Salters Road; and
WHEREAS, the development involved relocating Hilton Road which is owned and maintained by the city of Greenville; and
WHEREAS, Centerpointe MOB Partnership has completed the Hilton Road relocation and desires to dedicate the new right of way and street into the City’s street system; and
WHEREAS, the street has been submitted for final acceptance and the City Engineer finds it to be built to city specifications;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GREENVILLE, SOUTH CAROLINA, the city of Greenville will accept by dedication 0.595 acre (25,929 Square Feet) of new right of way for the Hilton Road relocation as shown in Exhibit A and hereby incorporates the right of way into the City’s street inventory system. The City Manager is herewith authorized to carry out any action and/or execute such documents as reasonable to implement the purposes of this Resolution. This acceptance of the dedication shall apply without further action by City Council to any minor revision or amendment to such documents. Upon acceptance by the City, the street shall become part of the City street system subject to the absolute control of the City in the same manner and under the same terms as applicable to other streets in the City system.
RESOLVED THIS _____ DAY OF ______, 2018.
MAYOR
Attest:
CITY CLERK
DocuSign Envelope ID: FC1954B1-2B39-400A-9A1F-B2C22D4996FF
RESOLUTION NO. 2018-_____ Page 2
Exhibit A
DocuSign Envelope ID: 8AC06F54-6D83-43FE-9357-35987F07C50B
REQUEST FOR COUNCIL ACTION Agenda Item No. City of Greenville, South Carolina To: Honorable Mayor and Members of City Council 16b From: John F. Castile, City Manager
Ordinance/First Reading Ordinance/Second & Final Reading ✔ Resolution/First & Final Reading Information Only
AGENDA DATE REQUESTED: May 14, 2018 ORDINANCE/RESOLUTION CAPTION: TO APPROVE A LAW ENFORCEMENT ASSISTANCE, SUPPORT, AND JURISDICTION AGREEMENT BETWEEN THE CITY OF GREENVILLE POLICE DEPARTMENT AND THE GREENVILLE COUNTY SHERIFF’S OFFICE
SUMMARY BACKGROUND:
This Resolution authorizes a Mutual Aid Agreement between Greenville Police Department and Greenville County Sheriff's Office for police services.
IMPACT IF DENIED / APPROVED: If denied, the Mutual Aid Agreement will not be approved.
FINANCIAL IMPACT: N/A
REQUIRED SIGNATURES
Department Director City Attorney
OMB Director City Manager DocuSign Envelope ID: 8AC06F54-6D83-43FE-9357-35987F07C50B
RESOLUTION NO. 2018-_____
A R E S O L U T I O N
TO APPROVE A LAW ENFORCEMENT ASSISTANCE, SUPPORT, AND JURISDICTION AGREEMENT BETWEEN THE CITY OF GREENVILLE POLICE DEPARTMENT AND THE GREENVILLE COUNTY SHERIFF’S OFFICE
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 Greenville County Sheriff’s Office desire to enter into a Law Enforcement Assistance, Support and Jurisdiction Agreement (“Agreement”) 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 Agreement reasonable and in the best interests of the citizens of Greenville County
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 attached Agreement and hereby authorize the City Manager to execute same.
RESOLVED THIS _____ DAY OF ______, 2018.
MAYOR
Attest:
CITY CLERK
DocuSign Envelope ID: 8AC06F54-6D83-43FE-9357-35987F07C50B
RESOLUTION NO. 2018-_____ Page 2
EXHIBIT A
DocuSign Envelope ID: 8AC06F54-6D83-43FE-9357-35987F07C50B
RESOLUTION NO. 2018-_____ Page 3
DocuSign Envelope ID: 8AC06F54-6D83-43FE-9357-35987F07C50B
RESOLUTION NO. 2018-_____ Page 4
DocuSign Envelope ID: 8AC06F54-6D83-43FE-9357-35987F07C50B
RESOLUTION NO. 2018-_____ Page 5
DocuSign Envelope ID: 42CD659D-1CE7-4310-B808-DE5F0F40F251
REQUEST FOR COUNCIL ACTION Agenda Item No. City of Greenville, South Carolina
To: Honorable Mayor and Members of City Council 16c From: John F. Castile, City Manager
Ordinance/First Reading Ordinance/Second & Final Reading ✔ Resolution/First & Final Reading Information Only
AGENDA DATE REQUESTED: May 14, 2018
ORDINANCE/RESOLUTION CAPTION: TO APPROVE CERTAIN TRAFFIC CALMING MEASURES ON AND AROUND MCPHERSON LANE
SUMMARY BABCKGROUND: This Resolution, if it receives approval, will authorize a permanent partial closure of McPherson Lane in response to a traffic calming study and a neighborhood advisory vote which received the required 70% percent approval.
IMPACT IF DENIED OR APPROVED: If denied, the permanent partial closure of McPherson Lane will not be approved. If approved, the permanent partial closure of McPherson Lane will be approved.
FINANCIAL IMPACT: N/A
REQUIRED SIGNATURES
Department Director City Attorney
OMB Director City Manager DocuSign Envelope ID: 42CD659D-1CE7-4310-B808-DE5F0F40F251
RESOLUTION NO. 2018-_____
A R E S O L U T I O N
TO APPROVE CERTAIN TRAFFIC CALMING MEASURES ON AND AROUND MCPHERSON LANE
WHEREAS, the City of Greenville (the “City”) has by previous resolution established a neighborhood traffic calming program; and
WHEREAS, residents living in and around McPherson Lane requested the traffic calming measures which involved the installation of speed humps and the permanent one-way closure of McPherson Lane to in-bound traffic off Augusta Street; and
WHEREAS, a traffic calming study area was delineated and a neighborhood group comprised of individuals residing within the study area was formed to review the requested traffic calming measures and make recommendations to city staff; and
WHEREAS, City staff reviewed the list of traffic calming devices available for consideration with the study group, including making the temporary partial street closure on McPherson permanent, which is an option under the current traffic calming program; and
WHEREAS, in mid-February the study group presented its final recommendations to city staff who approved the items for inclusion on the neighborhood advisory ballot; and
WHEREAS, an advisory vote was held within the study area with ballots due by April 2, 2018; and
WHEREAS, the items receiving the required 70% percent approval were speed humps on Cothran Street, Warner Street, and McDaniel Court as well as the partial street closure on McPherson Lane; and
WHEREAS, City Engineering reviewed the traffic devices recommended as a result of the advisory vote and approved same; and
WHEREAS, a public hearing was held on May 7, 2018, where City Council received public comment on the matter; and
WHEREAS, the speed humps require no further approval by the City’s governing body, but a partial road closure requires action by City Council;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GREENVILLE, SOUTH CAROLINA, the permanent partial closure of McPherson Lane is hereby approved. City staff is authorized to take all necessary steps to implement the partial closure.
RESOLVED THIS _____ DAY OF ______, 2018.
MAYOR
Attest:
CITY CLERK