City Council Meeting

CITY COUNCIL MEETING MONDAY, AUGUST 15, 2022 | 7:00 PM City Council meeting in the Mauldin City Hall Council Chambers, 5 East Butler Road Please note that members of the public are encouraged to participate remotely through Zoom. Please visit the City’s website at https://cityofmauldin.org/your-government/meeting-minutes- agendas/ to access the meeting via audio and videoconferencing.  CITY OF MAULDIN CITY COUNCIL MEETING AGENDA A UG UST 1 5, 2022 7:00 P.M. CITY HALL COUNCIL CHAMBERS, 5 E. BUTLER ROAD 1. Call to Order Mayor Merritt a. Welcome b. Invocation c. Pledge of Allegiance 2. Proclamations and Presentations Mayor Merritt No proclamations or presentations 3. Reading and Approval of Minutes Mayor Merritt a. Special Called City Council Meeting –July 14, 2022 b. City Council Meeting- July 18, 2022 c. Special Called Meeting-July 22, 2022 d. Special Called Meeting August 1, 2022 ] e. Special Called Meeting August 11, 2022 4. Public Comment Mayor Merritt 5. Report from City Administrator Interim City Administrator 6. Report from Standing Committees a. Finance and Policy (Chairperson Reynolds) b. Public Safety (Chairperson King) c. Public Works (Chairperson Kraeling) d. Economic Planning & Development (Chairperson Matney) e. Building Codes (Chairperson Kuzniar) f. Recreation (Chairperson Allgood) 7. Unfinished Business Mayor Merritt There is no unfinished business.  8. New Business Mayor Merritt Ordinances- 1st reading a. An ordinance to rezone property consisting of approximately Councilor Kuzniar 23 acres located at North Main Street (portion of tax map parcel: #M008.04-01-004.00) and providing an effective date b. An ordinance to rezone property consisting of approximately Councilor Kuzniar 5 acres located at West Butler Road and Laurel Meadows Parkway (tax map parcel: #M008.02-01-003.00) and providing an effective date Standing Committee Items Councilor Matney c. Maverick Station Landscaping d. Certification of Distressed Textile Mill Site Tax Credits Councilor Matney e. Resolution approving a Purchase and Sale Agreement Councilor Matney f. Clemson University Mutual Aid Agreement Councilor King g. Open Burning Permit for Adams Glen Councilor King h. Connection to Bridgeway Station Councilor Allgood i. Comp and Class Plan Councilor Reynolds 9.Public Comment Mayor Merritt 10.Council Concerns Mayor Merritt 11.Adjournment Mayor Merritt  MINUTES CITY OF MAULDIN SPECIAL CALLED CITY COUNCIL MEETING JULY 14,2022, 7:30 PM CITY HALL - COUNCIL CHAMBERS 5 E. BUTLER ROAD Members present: Mayor Pro Tempore Taft Matney, Council members Michael Reynolds and Frank Allgood. Mayor Terry Merritt and Council members Carol King, and Diane Kuzniar all participated via Zoom. Councilman Kraeling was not present. Others present: David Dyrhaug, Acting City Administrator 1. Call to Order- Mayor Pro Tempore Taft Matney a. Invocation- MPT Matney b. Pledge of Allegiance- MPT Matney c. Welcome- MPT Matney 2. New Business a. Appointment of an Acting City Administrator to serve until Interim City Administrator becomes available Motion: Councilman Allgood made a motion to appoint David Dyrhaug as Acting City Administrator in addition to his duties as the Business and Development Services Director and continue serving as Acting City Administrator until the Interim City Administrator begins work on July 25, 2022. Councilman Reynolds seconded the motion. Action: The vote was unanimous (6-0). 3. Council Requests- None 4. Adjournment- MPT Matney adjourned the meeting at 7:32 p.m. Respectfully Submitted, Cindy Miller Municipal Clerk  MINUTES CITY OF MAULDIN CITY COUNCIL MEETING JULY 18, 2022 Members present: Mayor Terry Merritt, Councilmembers Taft Matney, Carol King, Jason Kraeling, Michael Reynolds, Frank Allgood, and Diane Kuzniar. Others present: Acting City Administrator David Dyrhaug, and City Attorney Daniel Hughes 1. Call to Order- Mayor Merritt a. Welcome- Mayor Merritt b. Invocation- Councilman Matney c. Pledge of Allegiance- Councilman Matney 2. Proclamations and Presentations- No proclamations or presentations 3. Reading and Approval of Minutes a. City Council Meeting –June 20, 2022- Mayor Merritt asked that one change be made. With that, the minutes were approved by consent. b. Special Called Meeting- June 22, 2022 – The minutes were approved by consent. c. Special Called Meeting-July 5, 2022 Motion: Councilman Matney made a motion to accept the minutes as distributed. Councilwoman King seconded the motion. Mayor Merritt and Councilman Reynolds were not present at the July 5th meeting and will not vote on the minutes. Vote: The vote was unanimous (5-0). 4. Public Comment One person signed up to speak and make a short presentation. Motion: Councilman Matney made a motion to suspend the rules to allow the public comment at the beginning of the meeting even though the subject was not on the Council agenda. Councilman Reynolds seconded the motion. Vote: The vote was unanimous (7-0). Susan McLarty: I am Susan McLarty and am with the Greenville Homeless Alliance. Our office is inside United Ministries, at 606 Pendleton Street downtown Greenville, 29601. It is my pleasure to be here and I appreciate your service. We have been taking our newest report to the different municipalities and I wanted to briefly share a few items with you. We were at Simpsonville’s meeting last week and their Mayor said he was left feeling more comfortable about something that could sometimes feel a little overwhelming. We hope you will take a minute to review the report. We are a coalition of partners working together to make community members aware. Please let me know if there is any way in the future we can be helpful to you. I was pleased to be with you last week at the grand opening of Olii Place. That was one of the days you wish you could have every day, because then I would work myself out of a job. We did put together a summary of the report that helps you understand some data available from Greenville County. We have 3281 unique individuals that have experienced homelessness in the 2019-2020 year. Just to give you a quick synopsis, and some exciting news that has come about since we were established in 2018, is that the first number are all the people who flowed through about 460 beds. You will often hear Ryan Duerk, who runs Miracle Hill, say we don’t need more shelter beds, we need more exits from emergency shelters. The next number represents a one-night count that HUD mandates all communities across the country conduct each January. We realize the number is much higher, but this is the data we received from people who stayed outside or in a place unfit for human habitation. The third number is your school age children. They would likely be our largest number. This does not include their parents or any siblings that are not school age children and would not be reported by Greenville County Schools. One takeaway is the definition for Greenville County Schools is in line with HUD. That means for Greenville County we are able to serve less than 10% of those students and their parents. I noticed Councilmember Matney and Councilmember Allgood are both connected with Mauldin High through the Student Improvement Council. I think it is important takeaway that if we as a community really want to make a difference, if we want to serve more families, we would provide more local resources to address homelessness. Mauldin Middle, Mauldin High, and Bethel Elementary, and you will see 86 schools did report one or more students experiencing homelessness. We have gotten the most recent numbers if you are interested in seeing that, which unfortunately, are continuing to trend upward. In closing, I just want to mention two more things. We were able to give some thoughts back in 2020 when the Deluxe Inn was condemned. We do have a motel response plan if anyone wants to take a look at that. And we have a really great strategic plan, which you could find on our website. I want to give a shoutout to Mauldin’s very own Addy Matney, who worked with our steering committee to help develop our strategic plan. We were really excited to have her experience and expertise to make a strong plan that we are now working to implement. Councilman Matney said several years ago, a group he has been involved with worked to make sure the backpack program for the elementary schools were stocked so that kids who knew school was their only certain source of food, would not be the only source, as they had food to take home with them on the weekends. A social worker that works at a school with older children brought up that there is a substantial homeless population in our City of older teenagers. He would like us to have that population on our hearts as well. 5. Report from City Administrator- None Maria Godfrey was present from First Step Realty and represented the Mauldin Chamber. She has watched her neighbors, Councilwoman King and Councilman Allgood do things in Mauldin. Council has helped grow Mauldin to be the Number 1 City in South Carolina to raise a family. The Chamber is asking for Council support and asking for participation in Chamber-sponsored events. She would like the Council to acknowledge and recognize the Chamber. 6. Report from Standing Committees a. Finance and Policy (Chairperson Reynolds)- None b. Public Safety (Chairperson King)- Chairwoman King reported that the Police Department is conducting the Youth Academy this year and the graduation is Friday. c. Public Works (Chairperson Kraeling)- None d. Economic Planning & Development (Chairperson Matney)- Chairman Matney introduced JR Charles as the new Community Development Director. e. Building Codes (Chairperson Kuzniar)- Seven new businesses opened this month. f. Recreation (Chairperson Allgood)- None 7. Unfinished Business- There is no unfinished business. 8. New Business Standing Committee Items a. Purchase and Sale Agreement Motion: Councilman Matney made a motion to hold this item on the floor until the parties work out details. Councilman Reynolds seconded the motion. Vote: The vote was unanimous (7-0). 9. Public Comment- None 10. Council Concerns Councilwoman King said before Ms. Godfrey started her business, she was a broker for someone else. Councilwoman King met with Ms. Godfrey, where she explained her passion for Mauldin. Ms. Godfrey did not look anywhere else when she located her business here, and is a proud Mauldin business owner. Councilwoman Kuzniar said she had takeaways from the Municipal Association meeting. When people work together courageously, their potential is unlimited. Also, Council needs to be open minded and to make sure people feel they are being heard when they attend Council meetings. Mayor Merritt mentioned the ribbon cutting at Olii Place that was held last week. Olii is a Cherokee word meaning friendship. Mauldin has been inclusive in offering housing to all people.  The City has a great relationship with the Chamber. He asked Council to make every effort to attend the Business After Hours and ribbon cuttings and support the Chamber. There is a ribbon cutting on Friday, at the same time Council will be in a special called Council meeting. He will ask for a staff representative to attend. WSPA is airing segments about Mauldin on Friday, every half an hour, from 5:00 a.m. to 8:30 a.m. The Police Department, Fire Department, therapy dog Margo, and Bridgeway Station will all be featured. 11. Adjournment- Mayor Merritt adjourned the meeting at 7:28 p.m. Respectfully Submitted, Cindy Miller Municipal Clerk  MINUTES CITY OF MAULDIN SPECIAL CALLED CITY COUNCIL MEETING JULY 22,2022, 1:00 PM CITY HALL - COUNCIL CHAMBERS 5 E. BUTLER ROAD Members present: Mayor Terry Merritt, Council Members Taft Matney, Carol King, Jason Kraeling, Michael Reynolds, Frank Allgood and Diane Kuzniar. Others present: David Dyrhaug, Interim City Administrator 1. Call to Order- Mayor Terry Merritt a. Invocation- Councilman Matney b. Pledge of Allegiance- Councilman Matney c. Welcome- Mayor Merritt 2. New Business a. Executive Session to consider a personnel matter regarding the Administration Department as allowed by State Statute Section 30-4-70 (a)(1) Motion: Councilman Matney made a motion to adjourn into executive session with Councilwoman King seconding. Vote: The vote was unanimous (7-0). Mayor Merritt reconvened the meeting at 5:47 p.m. Councilman Matney reported that no votes were made and no action taken in executive session. b. Possible action on items discussed in Executive Session- None 3. Council Requests- None 4. Adjournment- Mayor Merritt adjourned the meeting at 5:48 p.m. Respectfully Submitted, Cindy Miller Municipal Clerk  MINUTES CITY OF MAULDIN SPECIAL CALLED CITY COUNCIL MEETING AUGUST 1,2022, FOLLOWING COMMITTEE MEETINGS CITY HALL - COUNCIL CHAMBERS 5 E. BUTLER ROAD Members present: Mayor Terry Merritt, Councilmembers Carol King, Taft Matney, Diane Kuzniar and Frank Allgood. Councilman Kraeling joined the meeting in executive session. Councilman Reynolds was not present. Others present: Interim Administrator Rebecca Vance and HR Director Mark Putnam. 1. Call to Order- Mayor Terry Merritt a. Invocation- Councilwoman King b. Pledge of Allegiance- Councilwoman King c. Welcome- Mayor Merritt 2. New Business a. Executive Session to consider personnel matters regarding the Judicial Department as allowed by State Statute Section 30-4-70 (a)(1) Motion: Councilwoman King made a motion to go into executive session with Councilwoman Kuzniar seconding. Vote: The vote was unanimous (5-0). Mayor Merritt called the meeting back to order at 9:11 p.m. Councilwoman King reported no decisions were made and no action taken in executive session. b. Possible action on items discussed in Executive Session Motion: Councilwoman King made a motion to appoint Mark Putnam as Ministerial Recorder until such time as a Clerk of Court is hired by the City. Councilman Kraeling seconded the motion. Action: The vote was unanimous (6-0). 3. Council Requests- None 4. Adjournment- Mayor Merritt adjourned the meeting at 9:13 p.m. Respectfully Submitted, Cindy Miller Municipal Clerk  MINUTES CITY OF MAULDIN SPECIAL CALLED CITY COUNCIL MEETING AUGUST 11, 2022, 6:00 PM CITY HALL - COUNCIL CHAMBERS 5 E. BUTLER ROAD Members present: Mayor Terry Merritt, Council members Taft Matney, Carol King, Jason Kraeling, Michael Reynolds, Diane Kuzniar, and Frank Allgood. Others present: Interim City Administrator Rebecca Vance and J.R. Charles, Community Development Director 1.Call to Order- Mayor Terry Merritt a. Invocation- Councilwoman King b. Pledge of Allegiance- Councilwoman King c. Welcome- Mayor Merritt 2. New Business Motion: Councilman Matney made a motion to go into executive session for the items listed below. Councilwoman King seconded the motion. Vote: The vote was unanimous (7-0). a. Executive Session on Contractual Matters related to City Center as allowed by State Statute Section 30-4-70 (a)(2) b. Executive Session on an Economic Development Matter related to Project Forth as allowed by State Statute Section 30-4-70 (a)(2) c. Executive Session on Contractual Matter regarding Pedestrian Bridge as allowed by State Statute Section 30-4-70 (a)(2) d. Executive Session on Personnel Matter regarding the Administration Department as allowed by State Statute Section 30-4-70 (a)(1) Mayor Merritt reconvened the meeting at 9:12 p.m. Councilman Matney reported no decisions were made and no action taken in executive session. e. Possible action on items discussed in Executive Session- None 3. Council Requests- None 4. Adjournment- Mayor Merritt adjourned the meeting at 9:13 p.m. Respectfully Submitted, Cindy Miller Municipal Clerk CITY COUNCIL AGENDA ITEM MEETING DATE: August 15, 2022 AGENDA ITEM: 8a TO: City Council FROM: Business & Development Services Director, David C. Dyrhaug SUBJECT: Rezoning at N Main Street OWNER(S): TJA, LLC – Robert Tommy Kellett AUTHORIZED REP(S): Barrett Wood  Parker Group Services TAX MAP NUMBER(S): p/o #M008.04-01-004.00 LOCATION: Property along N. Main Street between 602 N. Main St. and 728 N. Main St. CURRENT ZONING: I-1, Industrial REQUESTED ZONING: R-M, Multi-Family Residential SIZE OF PROPERTY: Approx. 23 acres REQUEST The City of Mauldin has received a signed petition requesting the rezoning of a tract of land pursuant to Section 4:2 of the Mauldin Zoning Ordinance. This petition includes approximately 23 acres located along N. Main Street between Kellett’s Korner/Tommy’s Snack Bar at 602 N. Main Street and the C.F. Sauer manufacturing facility at 728 N. Main Street. Specifically, this rezoning includes the portion of the property on the east side of the railroad tracks. The applicant has requested that this tract be rezoned from I-1, Industrial, to R-M, Multi-Family Residential. The applicant is planning to develop a townhome community described below. HISTORY/BACKGROUND This tract is currently undeveloped and is heavily wooded. Several groups have examined this property for development in recent years. However, providing access to this property, particularly for industrial development, has been extremely challenging. Existing railroad tracks cut off access to N. Main Street and the railroad company has not granted permission to cross the tracks. PROPOSED DEVELOPMENT At present, a company called Parker Group is proposing to develop a 99-unit townhome community on approximately 15 acres of this tract. This community would consist of high-end townhomes with projected price points around $320,000 to $340,000. The community would also include a half-acre central community area. Access. Access to this proposed development project will be via Green Street at the end of Murray Drive. The developer has purchased a nearly 1-acre tract at 9 Green Street where he plans to demolish the existing home and construct a new street through the property which will provide access to the proposed development. According to the Mauldin’s development regulations, 99 homes are the most homes that can be developed with a single access (provided that the access is at least 26 feet wide to the first intersection). Buffering. The developer has indicated that he would like to install an attractive buffer between this proposed development project and the adjacent Whispering Oaks townhome community. He is considering tree preservation, heavy shrubbery, and/or fencing for the buffer. Dedicated land for park and trail development. On the remaining portion of the 23-acre tract, the developer is proposing to dedicate approximately 6.7 acres for a future park constructed by the City of Mauldin and an additional 1.5 acres for an entrance road into the future park. Additionally, the developer is proposing to reserve a 21-foot easement along the edge of the property next to the railroad right-of-way for future pedestrian and bicycle trail construction. About Parker Group On their website, Parker Group summarizes their mission as: “We value people over profit.” They describe their approach to real estate as “caring about people and empowering them to begin the next phase of their lives. It’s about being visionary, seeing a need and creating the solution proactively. It’s about impacting lives. Our team does it all with professionalism, unbridled intelligence, and a tenacious curiosity that keeps us moving forward.” The Parker Group has undertaken development projects across Greenville including the Hub (14 modern Scandinavian-inspired townhomes), the Commons (commercial adaptive reuse development), Custom House Condos (luxury condos on South Main Street), Burdette Street Cottages (7 homes in the Village of West Greenville’s Arts District), and West Park & Townes (6 townhome units in downtown Greenville). In addition, the Parker Group is redeveloping the former site of Family Dollar/Rite Aid/Eckerd’s in Mauldin at the corner of N. Main Street and E. Butler Road. NEIGHBORHOOD MEETING In accordance with Section 4:3.3 of the Mauldin Zoning Ordinance, the applicant held a neighborhood meeting on June 8, 2022. Based on the sign-in sheet, it appears that approximately 15 neighbors attended the meeting, most of whom were from the Whispering Oaks townhome community. According to the meeting summary provided by the applicant, questions and concerns covered topics including: traffic, tree preservation, stormwater runoff, landscape buffering and screening, townhome size and price points. Attached is the applicant’s summary of the neighborhood meeting. PUBLIC HEARING The Planning Commission held a public hearing on July 26, 2022. One non-resident citizen spoke at the public hearing. • Sam Davis, with Upstate Greenways & Trails Alliance, spoke in support of the project highlighting that the proposed establishment of a trail easement along this property will help in the expansion of the Swamp Rabbit Trail from CU-ICAR to Mauldin. ZONING EVALUATION Existing Zoning Classification The I-1 district is established to accommodate manufacturing, assembly, warehousing, and distribution operations. It is the intent of the district that such operations do not produce harmful noise, odor, smoke, dust, glare, or pollution. Proposed Zoning Classification The R-M zoning designation is a multi-family residential district intended to provide a full range of medium- to high-density multi-family housing types in addition to detached and attached single-family homes recreational, religious, and educational facilities. This district is intended to provide a transition between single-family districts and commercial districts. Development standards associated with the R-M zoning district include: • Maximum density: 16 units per acre • Maximum building height: 45 feet • Minimum perimeter setbacks: 25 feet • Buffer required next to Whispering Oaks community: none required by ordinance • Minimum open space: 15 percent of development area • Minimum parking: 1.5 parking spaces per multi-family dwelling unit; 2 parking spaces per single- family dwelling unit Surrounding Development/Zoning These properties are surrounded by the following zoning and land uses: Direction Zoning District(s) Existing Use(s) North I-1 (City) C.F. Sauer and other industrial facilities South R-M (City) Whispering Oaks townhome community East I-1 (City) Various industrial businesses West C-2 (City) Landscape strip between railroad tracks and N. Main Street Comprehensive Plan Vision This property is designated as an “employment center” in the future land use map of the comprehensive plan. Employment Center areas are intended for industrial parks and office parks. However, this designation in the Comprehensive Plan does not account for the constrained access to this property. REVIEW CRITERIA The Mauldin Zoning Ordinance does not contain any specified criteria that should be considered by the Planning Commission when reviewing requests for rezoning. However, the following criteria are typical of those used by other jurisdictions. A. Consistency with the Comprehensive Plan or, if conditions have changed since the Comprehensive Plan was adopted, consistency with the overall intent of the Plan, recent development trends, and the general character of the area; B. Suitability of the site’s physical, geological, hydrological and other environmental features to support the breadth and intensity of uses that could be developed in the proposed zoning district;  C. Compatibility of all the potential uses allowed in the proposed zoning district with surrounding uses and zoning districts in terms of suitability of location, impacts on the environment, noise, density, nature of use, traffic impacts, aesthetics, ability to develop adjacent properties under existing zoning, and potential influence on property values; D. Capacity of public infrastructure and services to sufficiently accommodate all potential uses allowed in the proposed district without compromising public health, safety or welfare; and E. Public need for the potential uses permitted in the requested zoning district. STAFF FINDINGS The analysis below includes staff findings pertaining to each criterion. CRITERIA STAFF FINDINGS 1. Consistency with the Comprehensive Plan or, This property is designated as an “employment if conditions have changed, consistency with center” in the future land use map of the the overall intent of the Plan, recent comprehensive plan. Employment Center areas are development trends, and the general character intended for industrial parks and office parks. of the area; However, the failed attempts in recent years to design the type of access required for an employment center, it would appear that the conditions for this property have changed. Considering that Green Street appears to be the only viable solution for access at this time, the proposed development of a townhome community at this tract seems to be more consistent with the general character of the other properties along Green Street. The Planning Commission and the City Council may or may not judge that the proposed rezoning is consistent with the intent of the comprehensive plan, recent development trends, and the general character of the area. 2. Suitability of the site’s physical, geological, There is a small area (approximately one-half acre) hydrological and other environmental features along the easternmost corner of the property to support the breadth and intensity of uses that located in a floodplain. To staff’s knowledge, there could be developed are no other apparent floodplains, wetlands, or topographic constraints on the site. Staff is not aware of any features at this site that would make it unsuitable for development. 3. Compatibility of the potential uses allowed The tract is located in a transitional area between with surrounding uses and zoning districts in railroads tracks, industrial properties on the terms of suitability of location, impacts on the backside, and townhomes and detached homes to environment, noise, density, nature of use, the south. Considering that the property will be traffic impacts, aesthetics, ability to develop accessed via Green Street, it would seem that a adjacent properties under existing zoning, and residential development would be better suited for potential influence on property values this site than would an industrial or office park development, in terms of traffic, noise, aesthetics, and other potential impacts. The Planning Commission and the City Council may or may not judge that this rezoning is compatible with the surrounding uses.  CRITERIA STAFF FINDINGS 4. Capacity of public infrastructure and services Staff is not aware of any utilities, including water to sufficiently accommodate potential uses and sewer, that would not be available at this tract. allowed without compromising public health, This project is expected to connect to the existing safety, or welfare ReWa sewer line along the southern edge of the property. If the project will generate more than 100 peak hour trips, the applicant will be required to provide a traffic impact study (TIS) before the development plans can be approved. It does not appear at this time that this project will generate more than 100 peak hour trips. Therefore, a traffic impact study is not likely to be required for this development project prior to preliminary plat. 5. Public need for the potential uses permitted The Comprehensive Plan forecasts that an aging population, shrinking household sizes, and affordability will continue to increase the demand for smaller, low-maintenance housing. The current conceptual development proposal would provide additional living options that support this forecast in the Comprehensive Plan. Additionally, this rezoning also helps to meet the high demand for housing around this area. TIMELINE On June 8, 2022, the applicant met with interested neighbors to review their proposal and to seek questions and comments. On June 17, 2022, staff received the request to rezone this tract. On July 26, 2022, the Planning Commission conducted a public hearing. At this meeting, the Planning Commission voted 5-0 to recommend approval of the rezoning. On August 1, 2022, the Building Codes Committee voted 3-0 to forward this rezoning to City Council for consideration. STAFF RECOMMENDATION In staff’s opinion, it appears that the conceptual residential community at this tract has the potential to introduce lesser impacts in terms of noise, traffic, aesthetics, and similar impacts in comparison to the type of development that would otherwise be allowed by the current zoning of the property. For these reasons, it appears that the conceptual residential community may be more compatible to the adjacent Whispering Oaks townhome community than the current zoning for industrial development. Furthermore, the dedication of land for public park and trail development may be a worthwhile endeavor for the City of Mauldin as it seeks to expand pedestrian and bicycle facilities within the City. Ultimately, the Planning Commission and the City Council will need to make a judgment on whether (1) this rezoning is consistent with the vision for the future of this area, (2) the rezoning is compatible with the surrounding uses, and (3) any other factors that they deem pertinent. PLANNING COMMISSION RECOMMENDATION On July 26, 2022, the Planning Commission voted 5-0 to recommend approval of the rezoning. ATTACHMENTS Proposed ordinance (maps included therein) Neighborhood meeting information Conceptual drawing(s)  ORDINANCE # __________ AN ORDINANCE TO REZONE PROPERTY CONSISTING OF APPROXIMATELY 23 ACRES LOCATED AT NORTH MAIN STREET (PORTION OF TAX MAP PARCEL: #M008.04-01-004.00) AND PROVIDING AN EFFECTIVE DATE WHEREAS, TJA LLC, has petitioned the City of Mauldin to rezone +/- 23 acres from the I-1, Industrial District, to the R-M, Multi-family Residential District; and WHEREAS, a rezoning of the parcel is in keeping with the City of Mauldin 2014 Comprehensive Plan Update; and WHEREAS, the site is suitable for the types of uses that could be developed under the new zoning district; and WHEREAS, the potential uses permitted in the new zoning district meet a public need and are not detrimental to the public health, safety, and welfare; and WHEREAS, the Mauldin Planning Commission has given favorable recommendation to the zoning application; and NOW THEREFORE BE IT ORDAINED by the mayor and City Council of the City of Mauldin, South Carolina, in council assembled and by the authority thereof Section 1. That the property described in zoning docket PC-2022-09-RZ and Greenville County Tax Map Parcel M008.04-01-004.00 be rezoned from I-1 to R-M, Multi-family Residential. The property is further identified on the attached exhibit that is hereby incorporated into this ordinance, including Exhibit 1, Zoning & Property Map. Section 2. This ordinance shall become effective upon and after its final passage. Passed on First Reading ________________________________ Passed on Second Reading ______________________________ CITY OF MAULDIN, SOUTH CAROLINA ATTEST: BY: ________________________________ Terry Merritt, Mayor ___________________________________ Cindy Miller, Municipal Clerk APPROVED AS TO FORM: ___________________________________ John Duggan, City Attorney EXHIBIT 1 CITY COUNCIL AGENDA ITEM MEETING DATE: August 15, 2022 AGENDA ITEM: 8b TO: City Council FROM: Business & Development Services Director, David C. Dyrhaug SUBJECT: Rezoning at W Butler Road and Laurel Meadows Pkwy OWNER(S): Abby & Matt, LLC AUTHORIZED REP(S): Austin Allen  Arbor Land Design TAX MAP NUMBER(S): #M008.02-01-003.00 LOCATION: Property along W. Butler Rd. between Taylor Rd. and Laurel Meadows Pkwy. CURRENT ZONING: C-2, Commercial REQUESTED ZONING: R-M, Multi-Family Residential SIZE OF PROPERTY: Approx. 5 acres REQUEST The City of Mauldin has received a signed petition requesting the rezoning of a tract of land pursuant to Section 4:2 of the Mauldin Zoning Ordinance. This petition includes approximately 5 acres located along W. Butler Road between Taylor Road and Laurel Meadows Parkway. The applicant has requested that this tract be rezoned from C-2, Commercial, to R-M, Multi-Family Residential. The applicant is planning to develop a townhome community described below. HISTORY/BACKGROUND This tract is currently undeveloped and is heavily wooded. This property has been listed as available for commercial development for the last few years. PROPOSED DEVELOPMENT At present, Arbor Land Design is proposing to develop a 57-unit townhome community on this 5-acre tract. This community would consist of townhomes with projected price points starting at $300,000. The conceptual drawings for the proposed development do not depict any amenities but do include just under one acre of open space. Access. Access to this proposed development project will be via two separate drives along Laurel Meadows Parkway. One drive will line up with Waterbrook Dr and the other drive will be slightly offset from the second driveway into the Mauldin Library parking lot. The intersection of W. Butler Road and Laurel Meadows Parkway is currently signalized which aids access at this intersection. Buffering. The developer has not provided information about buffering adjacent to the Laurel Meadows community but the conceptual drawings depict a storm water detention pond and open space adjacent to the Laurel Meadows community. About Arbor Land Design On their website, Arbor Land Design, also known as Arbor Engineering, describes its company as “actively engaged in all aspects of landscape architecture and design, including residential and commercial; urban planning; land use planning; parks and recreational development; and civil engineering.” Arbor Land Design has been involved with projects all across the Greenville area. They are currently involved with providing civil engineering for Riley Trace, Hawk Haven, Bethel Townes, Madison Park, Miller Park, Holly Ridge, and Alston Chase, among others. NEIGHBORHOOD MEETING In accordance with Section 4:3.3 of the Mauldin Zoning Ordinance, the applicant held a neighborhood meeting on June 20, 2022. Based on the sign-in sheet, it appears that approximately 12 neighbors attended the meeting, most of whom were from the Laurel Meadows community and the Laurel Heights community. According to the meeting summary provided by the applicant, questions and concerns covered topics including: traffic, insufficiencies at the intersection of W Butler Road and Laurel Meadows Parkway, amenities, open space, tree preservation, stormwater runoff, landscape buffering and screening, target demographic, price points, building façade materials, and rental homes. Attached is the applicant’s summary of the neighborhood meeting. PUBLIC HEARING The Planning Commission held a public on July 26, 2022. The following citizens spoke at the public hearing. • Joe Hanson, 512 Laurel Meadows Parkway, expressed support for rezoning this property from commercial but also shared some concerns about the proposed development of the site. His concerns included: (1) traffic at the intersection of Laurel Meadows Parkway and W. Butler Road and the lack of a dedicated left-turn arrow at the traffic signal for drivers on Laurel Meadows Parkway, (2) the challenge that Laurel Meadows has of other uninvited communities using the Laurel Meadows community pool, and (3) the displacement of wildlife. • Jane Triplett*, 3 Kalmia Creek Drive, indicated that she does not believe that the property and location is viable for commercial development. She commented that there is a curve along W. Butler Road that causes visibility issues at the intersection of Laurel Meadows Parkway and W. Butler Road. She also commented that the additional development along Ashmore Bridge Road has resulted in increased traffic along Fowler Circle placing additional pressure on the signalized intersection at Laurel Meadows Parkway and W. Butler Road. * Please note that Ms. Triplett spoke after the floor had been closed to public comments but her comments are shared here anyway. ZONING EVALUATION Existing Zoning Classification The C-2 district is established to promote accessible and central concentrations of business activities and commercial establishments offering both retail goods and services to people from throughout the community. This district is intended to serve both pedestrians as well as people who travel by automobile. Therefore, this district is located along major roadways, and businesses are encouraged to locate in close proximity to one another. Where necessary, adjacent residential areas are protected through landscaping and site design. Proposed Zoning Classification The R-M zoning designation is a multi-family residential district intended to provide a full range of medium- to high-density multi-family housing types in addition to detached and attached single-family homes recreational, religious, and educational facilities. This district is intended to provide a transition between single-family districts and commercial districts. Development standards associated with the R-M zoning district include: • Maximum density: 16 units per acre • Maximum building height: 45 feet • Minimum perimeter setbacks: 25 feet • Buffer required next to Laurel Meadows community: none required by ordinance • Minimum open space: 15 percent of development area • Minimum parking: 1.5 parking spaces per multi-family dwelling unit; 2 parking spaces per single- family dwelling unit Surrounding Development/Zoning These properties are surrounded by the following zoning and land uses: Direction Zoning District(s) Existing Use(s) North PD (City) Laurel Meadows community South C-1 (City) Undeveloped commercial property East R-20 (City) Undeveloped residential property West C-2 (City)/ Mauldin Library PD (City) Laurel Heights community Comprehensive Plan Vision This property is designated as a “multifamily residential” and also as part of a “regional corridor” in the future land use map of the comprehensive plan. Multifamily residential areas are intended to include apartments, townhomes, and duplexes. They should have good access to major roads as well as parks and open space. A Regional Corridor is envisioned to include intense commercial uses, including “big box” retail, drive-through restaurants, large shopping centers, and automotive service centers. REVIEW CRITERIA The Mauldin Zoning Ordinance does not contain any specified criteria that should be considered by the Planning Commission when reviewing requests for rezoning. However, the following criteria are typical of those used by other jurisdictions.  F. Consistency with the Comprehensive Plan or, if conditions have changed since the Comprehensive Plan was adopted, consistency with the overall intent of the Plan, recent development trends, and the general character of the area; G. Suitability of the site’s physical, geological, hydrological and other environmental features to support the breadth and intensity of uses that could be developed in the proposed zoning district; H. Compatibility of all the potential uses allowed in the proposed zoning district with surrounding uses and zoning districts in terms of suitability of location, impacts on the environment, noise, density, nature of use, traffic impacts, aesthetics, ability to develop adjacent properties under existing zoning, and potential influence on property values; I. Capacity of public infrastructure and services to sufficiently accommodate all potential uses allowed in the proposed district without compromising public health, safety or welfare; and J. Public need for the potential uses permitted in the requested zoning district. STAFF FINDINGS The analysis below includes staff findings pertaining to each criterion. CRITERIA STAFF FINDINGS 1. Consistency with the Comprehensive Plan or, This property is designated as “multifamily if conditions have changed, consistency with residential” and also as part of a “regional corridor” the overall intent of the Plan, recent in the future land use map of the comprehensive development trends, and the general character plan. Multifamily residential areas are intended to of the area; include apartments, townhomes, and duplexes. A regional corridor is envisioned to include intense commercial uses, including “big box” retail, drive- through restaurants, large shopping centers, and automotive service centers. Consistent with the “regional corridor” designation along W. Butler Road and in the interest of expanding commercial opportunities along W. Butler Road, staff has commented to the applicant about preserving a commercial area along the front of this property. However, the applicant would rather rezone the entire property to multifamily residential. The Planning Commission and the City Council may or may not judge that the proposed rezoning is consistent with the intent of the comprehensive plan, recent development trends, and the general character of the area. 2. Suitability of the site’s physical, geological, To staff’s knowledge, there are no apparent hydrological and other environmental features floodplains, wetlands, or topographic constraints to support the breadth and intensity of uses that on the site. Staff is not aware of any features at this could be developed site that would make it unsuitable for development. CRITERIA STAFF FINDINGS 3. Compatibility of the potential uses allowed The tract is located in a transitional area between with surrounding uses and zoning districts in the Laurel Meadows and Laurel Heights residential terms of suitability of location, impacts on the communities and commercial uses along W. Butler environment, noise, density, nature of use, Road, albeit this section of W. Butler Road is traffic impacts, aesthetics, ability to develop currently underdeveloped in comparison to other adjacent properties under existing zoning, and sections of W. Butler Road to the east. It appears potential influence on property values that the proposed residential development of this property is consistent with the residential communities along Laurel Meadows Parkway. However, the extension of this proposed residential development along the front of the property is less consistent with the general commercial development along W. Butler Road. The Planning Commission and the City Council may or may not judge that this rezoning is compatible with the surrounding uses. 4. Capacity of public infrastructure and services Staff is not aware of any utilities, including water to sufficiently accommodate potential uses and sewer, that would not be available at this tract. allowed without compromising public health, This project is expected to connect to the existing safety, or welfare City sewer line along Laurel Meadows Parkway. If the project will generate more than 100 peak hour trips, the applicant will be required to provide a traffic impact study (TIS) before the development plans can be approved. It does not appear at this time that this project will generate more than 100 peak hour trips. Therefore, a traffic impact study is not likely to be required for this development project prior to preliminary plat. Notwithstanding, some of the citizens that have commented on this project have indicated that there are some deficiencies at the intersection of Laurel Meadows Parkway and W. Butler Road. 5. Public need for the potential uses permitted The Comprehensive Plan forecasts that an aging population, shrinking household sizes, and affordability will continue to increase the demand for smaller, low-maintenance housing. The current conceptual development proposal would provide additional living options that support this forecast in the Comprehensive Plan. Additionally, this rezoning also helps to meet the high demand for housing around this area. However, the Comprehensive Plan also has a stated goal to ensure an adequate supply of non-residential land to support future economic development. This rezoning of the front of this property away from commercial decreases the commercial growth opportunities along W. Butler Road. TIMELINE On June 20, 2022, the applicant met with interested neighbors to review their proposal and to seek questions and comments. On June 27, 2022, staff received the request to rezone this tract. On July 26, 2022, the Planning Commission conducted a public hearing. At this meeting, the Planning Commission voted 6-0 to recommend approval of the rezoning. On August 1, 2022, the Building Codes Committee voted 3-0 to forward this rezoning to City Council for consideration. STAFF RECOMMENDATION In staff’s opinion, the rezoning of the back part of this property for a townhome community appears consistent and compatible with the adjacent Laurel Meadows and Laurel Heights communities. Conversely, the presence of the proposed residential community along the front of W. Butler Road will introduce the first and only residential community that front W. Butler Road between Main Street and Plant Street/Hollyridge Court (notwithstanding the main office for the Ashmore Bridge Estates apartment community fronts on W. Butler Road). It should be noted, however, that at Plant Street and Hollyridge Court, approximately one- quarter mile west of this site, the Gleneagle apartment community and the Holly Ridge subdivision both front along W. Butler Road. Additionally, the members of the surrounding community that have spoken about this project have expressed that they do not support commercial development at this property. Ultimately, the Planning Commission and the City Council will need to make a judgment on whether (1) this rezoning is consistent with the vision for the future of this area, (2) the rezoning is compatible with the surrounding uses, and (3) any other factors that they deem pertinent. PLANNING COMMISSION RECOMMENDATION On July 26, 2022, the Planning Commission voted 6-0 to recommend approval of the rezoning. Please note that during their discussion, the Planning Commission expressed concern about the lack of amenities being planned for the development project and have encouraged the applicant to consider including some amenities in this project. ATTACHMENTS Proposed ordinance (maps included therein) Neighborhood meeting information Conceptual drawing(s)  ORDINANCE # __________ AN ORDINANCE TO REZONE PROPERTY CONSISTING OF APPROXIMATELY 5 ACRES LOCATED AT WEST BUTLER ROAD AND LAUREL MEADOWS PARKWAY (TAX MAP PARCEL: #M008.02-01-003.00) AND PROVIDING AN EFFECTIVE DATE WHEREAS, Abby & Matt LLC, has petitioned the City of Mauldin to rezone +/- 5 acres from the C-2, Commercial District, to the R-M, Multi-family Residential District; and WHEREAS, a rezoning of the parcel is in keeping with the City of Mauldin 2014 Comprehensive Plan Update; and WHEREAS, the site is suitable for the types of uses that could be developed under the new zoning district; and WHEREAS, the potential uses permitted in the new zoning district meet a public need and are not detrimental to the public health, safety, and welfare; and WHEREAS, the Mauldin Planning Commission has given favorable recommendation to the zoning application; and NOW THEREFORE BE IT ORDAINED by the mayor and City Council of the City of Mauldin, South Carolina, in council assembled and by the authority thereof Section 1. That the property described in zoning docket PC-2022-10-RZ and Greenville County Tax Map Parcel M008.02-01-003.00 be rezoned from C-2 to R-M, Multi-family Residential. The property is further identified on the attached exhibit that is hereby incorporated into this ordinance, including Exhibit 1, Zoning & Property Map. Section 2. This ordinance shall become effective upon and after its final passage. Passed on First Reading ________________________________ Passed on Second Reading ______________________________ CITY OF MAULDIN, SOUTH CAROLINA ATTEST: BY: ________________________________ Terry Merritt, Mayor ___________________________________ Cindy Miller, Municipal Clerk APPROVED AS TO FORM: ___________________________________ John Duggan, City Attorney EXHIBIT 1 CITY COUNCIL AGENDA ITEM SUMMARY MEETING DATE: August 15, 2022 AGENDA ITEM: 8c TO: City Council FROM: J.R. Charles, Community Development Director SUBJECT: Consider Contract for Landscaping Services at Maverick Station (1 East Butler Road) REQUEST To consider a request by East Butler Investments for the City to contract with Piedmont Landscaping for landscaping services at Maverick Station (1 East Butler Road) HISTORY/BACKGROUND East Butler Investments (Parker Development) has asked that the City contract with Piedmont Landscaping to maintain the landscaping at Maverick Station in the amount of $11,400 per year. East Butler Investments has stated the advantages of contracting with Piedmont Landscaping, namely that the foliage would be covered under Piedmont Landscaping’s warranty. The City of Mauldin own the parking lot/landscaped area of Maverick Station (1 East Butler Road), and East Butler Investments (Parker Development) owns the building. Currently, City of Mauldin Public Works is responsible for maintenance of the landscaping. There is an existing agreement (dated June 9, 2021) which grants an Access/Parking Easement to the City-owned parking lot for guest/customer access. The agreement states that the City will undertake maintenance of the City’s property (i.e. the parking lot and landscaping areas) at its sole cost and expense. East Butler Investments has reasonable discretion to undertake reasonable repairs of damage. If East Butler Investments undertakes repairs, the City would reimburse the company within 10 days of East Butler Investments submitting written evidence of the repair/costs of the repair. East Butler Investments can also request that the City repair any damage via a written notice/provision of evidence within 10 days of discovered damage, and the City will have 10 days of the notice to repair damage. ANALYSIS or STAFF FINDINGS The proposed contract is a one-year term at a cost of $11,400. Because this is an unbudgeted item between $5,000 - $15,000, the Procurement Policy requires an Informal Bid on this item. A Large Purchase Order must be completed with documentation of attempts to obtain at least three informal bids. Additionally, assigning landscaping services to a private company for the maintenance of public property would be a departure from the practice of City of Mauldin Public Works for the maintenance of public property. FISCAL IMPACT $11,400 per year RECOMMENDATION Due to the potential new practice of pursuing private contracts for the maintenance of public property, staff seeks guidance from City Council on its willingness to engage in this type of contract. There is a definitive cost/quote of $11,400 from Piedmont Landscaping, but we have not pursued the acquisition of other bids. At this time, it is unknown if there are cost savings that would result from an informal bid. Additionally, because Public Works maintains public property in its scope of work, and costs associated with a private contract would be an increase in the city’s operational costs. ATTACHMENTS Maintenance Proposal: Piedmont Landscaping  Piedmont Landscaping & Maintenance Inc. Maverick Station - Landscape Maintenance Proposal 1 E. Butler Rd, Mauldin, SC 29662 Date: 7 - 14 - 22 Qty. Unit Item Description Monthly Annually 1 Annual Landscape Bed Pre- 2 granular applications annually. Suppression of $60.00 $720.00 Program emergent. common weed growth in all landscape beds. These treatments will be critical to control weeds in the landscape. March and September. 1 Annual Turf Care Program 7 applications/year. Pre-emergent, Fertilization, and $85.00 $1,020.00 Program Selective Herbicide Applications. ***Additional fungicides, insecticides, and herbicide treatments may be needed and will be invoiced at time of service per approval from client. 1 Annual Tree & Shrub Care Program 1 application / year. Organic Fertilization and Bio $55.00 $660.00 Program stimulant Treatment. Dormant Oil Spray for the suppression of armored scale insects. Systemic Insecticide Treatments for season long control of common insect pests. Material to be treated: All perennials, shrubs, and trees 8' and under. (larger trees can be added upon request.) 1 Annual Landscape Maintenance Mow and edge all lawn areas. Blow all hardscape areas $750.00 $9,000.00 Program free of leaf and lawn debris at each visit. Manual trash pickup. Minor pruning of trees and shrubs during the first year of growth. Includes any plant material that can be reached with a 12' ladder. Cut back all perennials and grasses early spring. Fall leaf litter removal as needed. After all the leaves fall we will perform a final cleanup to remove excess leaves from beds and plant material. Manage irrigation settings quarterly. Includes spring start up and winterization. Post emergent treatment of weeds as well as manual removal. Pricing is based off of 45 service visits / year. 1 Annual Annual Landscape Total of all landscape services. $950.00 $11,400.00 Program Program Total  Piedmont Landscaping & Maintenance Inc. Maverick Station - Landscape Maintenance Proposal 1 E. Butler Rd, Mauldin, SC 29662 Date: 7 - 14 - 22 Additional Services 1 Annual Seasonal Color Program $500 per season minimum. This service is to provide $83.00 $996.00 Program seasonal flowers during the winter and summer in beds and planters. Details and designs of areas to receive plantings TBD. 1 Per Lighting Review of all landscape lighting to ensure everything is $0.00 request functioning properly. Time & Material. 1 Per Mulch Mulch installation when requested by owner. $0.00 install 1 Per Drainage Drainage work done per request of owner. Time & Material. $0.00 request  Piedmont Landscaping & Maintenance Inc. Maverick Station - Landscape Maintenance Proposal 1 E. Butler Rd, Mauldin, SC 29662 Date: 7 - 14 - 22 NOTES & EXCLUSIONS 1. Does not include mulch or pine straw. Pricing can be provided upon request. 2. Does not include water feature maintenance. Services can be provided upon request. 3. Does not include cleaning out downspout or foundation drains. Services can be provided upon request. 4. Does not include lighting system maintenance. Services can be provided upon request. 5. Does not include hauling off fallen trees. Services can be provide upon request. 6. Does not include Mosquito Treatments. Pricing can be provided upon request. SIGN:_________________________________________________DATE:___________________________________________ CITY COUNCIL AGENDA ITEM SUMMARY MEETING DATE: August 15, 2022 AGENDA ITEM: 8d TO: City Council FROM: J.R. Charles, Community Development Director SUBJECT: Consider Certification of Distressed Textile Mill Site Tax Credits REQUEST To consider the certification of Distressed Textile Mill Site Tax Credits for BBMA Mauldin (Pat and Jennifer Britt) as they seek to redevelop a property at 255 Service Bay Road for a 12,000 sq ft day care center. HISTORY/BACKGROUND Pat Britt and his wife, Jennifer, have organized a new company, BBMA Mauldin, to redevelop Lot 1 of the properties located at 255 Service Bay Road with a 12,000 sf day care center. The location of the Lot and day care center is across the railroad right of way from the former Her Majesty textile manufacturing facility. The Appalachian Council of Governments has indicated that the Her Majesty tax parcels are located in a distressed area, and due to the BBMA tract being contiguous, it would also qualify as an abandoned textile mill site under the South Carolina Textiles Communities Revitalization Act found in Section 12-65- 20(4)(b). The entire width of the Her Majesty site is just over 417 feet so all of the BBMA site would be within 1,000 feet of the textile mill uses. BBMA Mauldin can elect to take one of the following tax credits: 1) A credit against Real Property Taxes by Local Taxing Entities, or 2) A credit against Income Taxes imposed pursuant to Chapters 6 and 11, or Corporate License Fees pursuant to Chapter 20, or Insurance Premium Taxes imposed by Chapter 7, Title 38. BBMA Mauldin has indicated that it wishes to claim the Real Property Tax Credit. ANALYSIS or STAFF FINDINGS City Attorney Daniel Hughes received the request to review the resolution/documents on July 22 just prior to his vacation. As such, Mr. Hughes has not provided legal guidance for this resolution as of the date this memo was drafted (July 28, 2022). An independent review of the South Carolina Textiles Communities Revitalization Act provides the following information: - The amount of the tax credit is determined by a Notice of Intent to Rehabilitate, which the taxpayer must file with the municipality/local taxing entity. o Once the Notice of Intent to Rehabilitate is filed with the municipality/local taxing entity, the site may be approved by a majority vote of the local governing body. o The City must hold public hearing, and as such, provide a 45-day advanced notice to all local taxing entities of the property owner’s intent to claim the credit against real property taxes. The City must also provide the amount of the estimated tax credit based on the estimated rehabilitation expenses. If the local taxing entities do not file an  objection to the tax credit before the date of the public hearing, the local taxing entity is considered to have consented to the tax credit. Additionally, the municipality/county must ensure that the credit does not violate its tax increment financing transactions or any outstanding general obligation bond. - The credit is calculated as follows: o If the rehabilitation expenses are below 80% of the estimated expenses in the Notice of Rehabilitation, the credit is not allowed. o If the rehabilitation expenses are between 80%-125% of the estimated expenses in the Notice of Rehabilitation, the property tax credit is equal to 25% of the actual rehabilitation expenses o If the rehabilitation expenses are greater than 125% of the estimated expenses in the Notice of Rehabilitation, the taxpayer qualifies for the credit based on 125% of the estimated expenses as opposed to the actual expenses. - The credit can be taken up to 75% of the real property taxes due each year for up to 8 years. - The credit against real property taxes for each appliable portion of the textile mill may be claimed at the beginning of the property tax year. FISCAL IMPACT Because BBMA Mauldin is constructing a new facility, any reduction in property tax will still be a net positive to the municipality. Unless the actual construction expenses are 125% above the estimated expenses outlined in the Notice of Intent to Rehabilitate, the tax credit is equal to 25% of the actual construction expenses. If the construction costs exceed 125% of the estimated expenses, the credit is based on 125% of the estimated expenses as opposed to the actual construction costs. The tax credit can be carried forward for 8 years and be claimed against 75% of the real property taxes. This means that, even if the tax credit reaches its maximum potentials should the construction costs exceed 125% of the estimated construction costs, the city would receive at least 25% of the value of the real property taxes for a period of 8 years. Following the 8-year credit period, the real property taxes would be collected at their full taxable value. RECOMMENDATION The City Attorney has not yet reviewed the documents as of the date of this memo (7-28-2022), so staff would defer to the legal expertise of the City Attorney for all required due process. However, staff has reviewed the documentation provided by BBMA Mauldin, as well as the South Carolina Textiles Communities Revitalization Act, and staff recommends positive consideration of this proposal. The request complies with the South Carolina Textiles Communities Revitalization Act, and the location has been certified by the Appalachian Council of Governments as a distressed area. Additionally, even though the taxpayer is seeking a property tax credit, the construction of a new facility will generate a net positive increase in property taxes of at least 25% of property’s potential tax value over a maximum period of 8 years. ATTACHMENTS Resolution to Certify Textile Mill Site Parcel Map - 210991, Recorded Aerial Photo – Distance between BBMA Site and Her Majesty Site Letter of Certification – Appalachian Council of Governments  RESOLUTION NO. 2022-__ STATE OF SOUTH CAROLINA CITY OF MAULDIN A RESOLUTION TO CERTIFY PROPERTY AT 255 SERVICE BAY ROAD, MAULDIN SC AS AN ABANDONED TEXTILE MILL SITE (TAX MAP NUMBER M005010201603). WHEREAS, the South Carolina Textiles Communities Revitalization Act (the “Act”) was enacted in Title 12, Chapter 65 of the South Carolina Code of laws (2008), as amended, to create an incentive for the rehabilitation, renovation, and redevelopment of abandoned textile mill sites located in South Carolina; and, WHEREAS, the Act provides that it is necessary to encourage private investment and restore and enhance the tax base of the taxing districts in the areas by the redevelopment of these abandoned textile mill sites; and, WHEREAS, Section 12-65-30 of the Act provides that a taxpayer who rehabilitates an abandoned textile mill site is eligible either for a credit against certain income taxes, license fees or premium taxes, or a credit against local property taxes; and, WHEREAS, BBMA Mauldin, LLC or its affiliates (the “Taxpayer”) has represented to the City that it is responsible for the rehabilitation of and expenses associated with certain real property located at 255 Service Bay Road in the City of Mauldin, South Carolina (the “City”) and further identified as Greenville County Tax Map Number M005010201603 (the “Property”); and, WHEREAS, Section 12-65-20(1) of the Act provides that a textile mill is “Abandoned” if at least eighty percent of the textile mill has been nonoperational as a textile mill for a period of at least one year, as further provided for in the Act; and, WHEREAS, Section 12-65-20(4)(b)(iii) of the Act, as amended, provides for the inclusion of land and improvements which were used directly for textile manufacturing operations or ancillary uses, or were located on the same parcel or a contiguous parcel within one thousand feet of any textile mill structure or ancillary uses, provided the Property is located in a distressed area as designated by the applicable Council of Governments; and, WHEREAS, the Property is adjacent to the properties located at 400 Bon Air Street which is identified as Greenville County Tax Map Numbers M004010101800 and M004010102000, which is the former location of Her Majesty Industries, a children’s clothing manufacturer, which ceased operations in 1995 (“Adjacent Textile Mill Site”); and, WHEREAS, a copy of a recent survey of the Property (Exhibit A) and an aerial photograph (Exhibit B) shows the Property and the Adjacent Textile Mill Site; and, WHEREAS, the Appalachian Council of Government has certified the Property as being located in a distressed area (Exhibit c) consistent with Section 12-65-20(4)(b)(iii) of the Act; and, WHEREAS, the Taxpayer desires to rehabilitate the Property; and, WHEREAS, the Property is located within the City; and,  WHEREAS, pursuant to the Act, a taxpayer may apply to the municipality or county in which the textile mill site is located for a certification of the textile mill site made by ordinance or binding resolution of the governing body of the municipality or county, which certification shall include findings that the: (1) textile mill site was a textile mill as defined in SC Code Section 12-65-20(3); (2) textile mill site has been abandoned as defined in SC Code Section 12-65-20(1); and (3) geographic area of the textile mill site is located within a Distressed Area as designed by the applicable Council of Government and consistent with SC Code Section 12-65-20(4); and, WHEREAS, the Taxpayer has applied to the City for a certification of the Property as a textile mill site under the Act in order to encourage investment by potential investors in the redevelopment of the Property; and, WHEREAS, the City wishes to provide the requested certification following due inquiry. NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF MAULDIN, SOUTH CAROLINA: Section 1. Taxpayer has submitted to the City a request for a certification of the Property as a textile mill site pursuant to Section 12-65-60 of the Act. Section 2. Based upon the information provided to it by the Taxpayer, the City hereby certifies pursuant to the Act that: a. The Property is a contiguous parcel to an abandoned textile mill site as defined in SC Code Section 12-65-20(4)(b). b. The Adjacent Textile Mill Site has been abandoned as defined in SC Code Section 12-65-20(1). c. The geographic area of the Adjacent Textile Mill Site is located within a Distressed Area as designed by the applicable Council of Government and consistent with the definition of a textile mill site, as defined in SC Code Section 12-65-20(4). Section 3. This Resolution provides no property tax relief whatsoever, and the City approves this resolution with the understanding Taxpayer will take any credits against State income taxes; further, the City expresses no opinion regarding the availability of same to Taxpayer beyond the certification contained herein. Section 4. This Resolution shall become effective upon the date of enactment. [Signature pages follow.]  DONE in meeting duly assembled this ___ day of ____, 2022. CITY OF MAULDIN Terry Merritt, Mayor Attest: Clerk to City Council  Exhibit A Recent Survey of Property [See attached]  Exhibit B Aerial Photograph {See attached]  Exhibit C Appalachian Council of Governments Certification [See attached] Patrick Britt Britt Realestate 255 Service Bay Road Mauldin, SC 29662 November 16, 2020 Dear Patrick, Thank you for inquiring about 400 Bon Air Street in Mauldin, SC. As you are aware, recent amendments to the South Carolina Textiles Communities Revitalization Act provide the opportunity for tax credits for certain activities pertaining to a property that is located in a distressed area, as designated by the applicable council of governments. At a meeting on October 26, 2018, the ACOG Board of Directors made these designations for Anderson, Cherokee, Greenville, Oconee, Pickens, and Spartanburg Counties. Through this correspondence, I am certifying that the site, comprised of Greenville County tax parcels M004010101800 and M004010102000, is in a distressed area of the state, as designated by the Board of Directors of the Appalachian Council of Governments. If we may provide further assistance with this effort, please do not hesitate to let me know. With regards, E. Brooke Ferguson Economic Development Director CITY COUNCIL AGENDA ITEM SUMMARY MEETING DATE: August 15, 2022 AGENDA ITEM: 8f TO: City Council FROM: Chief George Miller SUBJECT: Contract with Clemson University REQUEST To approve a contract with Clemson University HISTORY/BACKGROUND Each year Clemson University requests assistance from agencies to help in the security for the home games for the football team’s home games during the season. ANALYSIS or STAFF FINDINGS The police department has been assisting Clemson University for approximately 15 years with security for the football games. It has built a long-lasting relationship between Clemson, us and the multiple other agencies that participate. FISCAL IMPACT There will be no Fiscal Impact RECOMMENDATION Staff recommends we accept the contract with Clemson University ATTACHMENTS A copy of the contract with Clemson University  CONTRACT FOR LAW ENFORCEMENT SERVICES AT CLEMSON UNIVERSITY SPECIAL EVENTS This Agreement is entered into as of July 1st, 2022 between CLEMSON UNIVERSITY (“University”) and the MAULDIN POLICE DEPARTMENT LAW ENFORCEMENT JURISDICTION (“Jurisdiction”). RECITALS: The purpose of this Agreement is to describe the terms and conditions pursuant to which police officers from Jurisdiction will provide law enforcement services for Clemson University at Clemson University special events in accordance with South Carolina Code section 23-20-10 et seq. 1. Term. The term of this Agreement will be one year, beginning on July 1, 2022, and ending on July 1, 2023. This Agreement may be terminated earlier by either party upon sixty (60) days’ prior written notice to the other party. Any modification of this agreement must be made in writing and signed by all parties. 2. Jurisdiction’s Rights and Obligations. a) Subject to availability and upon at least two weeks advance notice, Jurisdiction agrees to assign one or more police officers to provide law enforcement services at Clemson University special events, including but not limited to athletic events, concerts, graduation and livestock shows/events. b) At all times relative to this Agreement, Jurisdiction’s police officers shall remain employees of Jurisdiction and will have full arrest powers while performing services at Clemson University. c) All police officers assigned to any special event at Clemson University pursuant to this Agreement shall comply with those policies, procedures and instructions provided by University, provided no such duties shall be contrary to their oath or obligation as a sworn officer of the law under the laws of the State of South Carolina. d) Neither Jurisdiction nor any personnel of Jurisdiction will for any purpose be considered employees or independent contractors of University. Jurisdiction is solely responsible for the payment of salary to any police officers assigned to any special event under the terms of this Agreement, including withholding income taxes and social security, health insurance, worker’s compensation and disability benefits. 3. University’s Rights and Obligations. a) University will pay the Jurisdiction $40.00 per hour for each officer assigned to work at a Clemson University special event (non-athletic event).  University will pay the jurisdiction $45.00 per hour for each officer assigned to work at a Clemson University Athletics event. b) Jurisdiction shall determine those officers it shall assign to any special event at Clemson University, provided that Clemson University reserves the right to reject the Jurisdiction’s assignment of any police officer at any Clemson University special event. c) University will maintain records concerning the performance of services provided to University. 4. Miscellaneous. a) This Agreement constitutes the entire agreement and understanding of the parties with respect to its subject matter. No prior or contemporaneous agreement or understanding will be effective. This Agreement shall be governed by the laws of South Carolina, the courts of which state shall have jurisdiction over its subject matter. b) The individuals signing below on behalf of Jurisdiction and University, respectively, hereby represent and warrant that they are duly authorized to execute and deliver this Agreement on behalf of Jurisdiction and University, respectively and that this Agreement is binding upon both parties in accordance with its terms. UNIVERSITY JURISDICTION By ___________________________ By _______________________ (Signature) (Signature) Name Anthony E. Wagner Name George Miller Title Executive Vice President VP Finance & Operations Title Chief_ ______ Clemson University Address 5 East Butler Road___ Mauldin, S.C. 29662__ By _____________________________ (Signature) Name Greg Mullen__ Title Chief of Police Clemson University CITY COUNCIL AGENDA ITEM SUMMARY MEETING DATE: August 15, 2022 AGENDA ITEM: 8g TO: City Council FROM: Chief Brian McHone SUBJECT: Open Burning REQUEST To approve an open burning permit HISTORY/BACKGROUND Terra Flex Group is the developer for Adams Glen and has asked for a burn permit. ANALYSIS or STAFF FINDINGS This property is off of Ashmore Bridge Road. No open burning is allowed in the City so a permit must be approved by Council. FISCAL IMPACT There will be no Fiscal Impact RECOMMENDATION Staff recommends approval by Council ATTACHMENTS Code of Ordinances regarding open burn CITY COUNCIL AGENDA ITEM SUMMARY MEETING DATE: August 15, 2022 AGENDA ITEM: 8h TO: City Council FROM: Recreation Director, Bart Cumalander SUBJECT: Connection to Bridgeway Station REQUEST It is the request of the Recreation and Public Works Department that we do a change order on the existing contract with Cely Construction to connect the footbridge to Bridgeway Station. HISTORY/BACKGROUND The new footbridge will connect to Bridgeway Station. Bridgeway Station will be a new development that holds entertainment, housing and other businesses all together in one location. The new footbridge will grant passage over 385 for pedestrians to get access to what Bridgeway Station has to offer. ANALYSIS or STAFF FINDINGS Cely Construction was awarded the bid for the new footbridge in Mauldin, SC. This new footbridge will connect to Bridgeway Station. In doing a change order on the existing contract, Cely will be using the same engineers as the project for Bridgeway Station. FISCAL IMPACT It would be an extra $19,700 to study the connection from the end of the existing trail to the bridge across I-385. The funds for this project could come from the Hospitality and Accommodations fund. The construction costs are not included in this estimate. RECOMMENDATION It is the recommendation of the Recreation and Public Works department to do a change order on the existing Cely project for the connect of the footbridge and trail at Bridgeway Station. ATTACHMENTS Mauldin Walking Trail Proposal CITY COUNCIL AGENDA ITEM SUMMARY MEETING DATE: August 15, 2022 AGENDA ITEM: 8i TO: City Council FROM: Mark Putnam, HR Director SUBJECT: Comp and Class Study REQUEST To approve a contract with Evergreen Solutions HISTORY/BACKGROUND The City of Mauldin last completed a Compensation and Class study in 2018. Most employers complete and Comp and Class study every 4 to 5 years. ANALYSIS or STAFF FINDINGS City HR staff is recommending the City enter a contract with Evergreen Solutions LLC. to assist the City in conducting an all-inclusive Comp and Class study for every hourly and salary position City-wide. In conducting our due diligence to ensure that the study is both thorough and would position the City’s Compensation/Class structure for the next 4 to 5 years, the HR staff published an RFP in May to solicit experienced/capable contractors. The City received 5 responses to the published RFP. The HR Director, Finance Director and Business Development Director scored and discussed all presentations and together recommend Evergreen Solutions LLC. FISCAL IMPACT $28,500 RECOMMENDATION Staff recommends that the Evergreen LLC. contract be approved by Council. ATTACHMENTS Evergreen contract  Consulting Services Agreement By and Between City of Mauldin, South Carolina and Evergreen Solutions, LLC This Agreement (the "Agreement"), dated as of August 22, 2022, is made by and between Evergreen Solutions, LLC, a Florida corporation ("Evergreen"), and the City of Mauldin (the "Client"). WHEREAS, Evergreen Solutions and the Client desire to enter into an agreement whereby Evergreen will provide certain management consulting services for the Client on the terms and conditions hereinafter set forth; and WHEREAS, Evergreen Solutions is willing to provide such management consulting services for the Client. NOW, THEREFORE, the parties hereto agree as follows: 1. Engagement. Evergreen Solutions hereby agrees to provide such management consulting services for the Client as may be reasonably requested by the Client in connection with the Request for Proposals (RFP #2022-05) and Proposal submitted by Evergreen Solutions on May 25, 2022. 2. Extent of Services. Evergreen Solutions agrees to perform such services to the best of its ability and in a diligent and conscientious manner and to devote appropriate time, energies and skill to those duties called for hereunder during the term of this Agreement and in connection with the performance of such duties to act in a manner consistent with the primary objective of completing the engagement. Evergreen Solutions agrees to devote such time as is reasonably required to fulfill its duties hereunder. Throughout the duration of this agreement, Evergreen Solutions will serve as an independent contractor of the Client, as such; Evergreen Solutions will obey all laws relating to federal and state income taxes, associated payroll and business taxes, licenses and fees, workers compensation insurance, and all other applicable state and federal laws and regulations. In the successful completion of this engagement, Evergreen Solutions may utilize subcontractors, but Evergreen Solutions shall remain completely responsible to the Client for performance under this Agreement. 3. Term. The engagement of the Consultant hereunder by Client shall commence as of the date hereof and shall continue through January 30, 2023, unless earlier terminated, pursuant to Section 5 hereof. 4. Compensation. (a) As compensation for the services contemplated herein and for performance rendered by Evergreen Solutions of its duties and obligations hereunder, the Client shall pay to Evergreen Solutions an aggregate fee equal to and not to exceed to $28,500 (the "Consulting Fee"), earned and payable according to the following invoice/payment schedule: (b) The Client’s sole obligation shall be to pay Evergreen Solutions the amounts described in Section 4(a) of this Agreement, and the Consultant is not and shall not be deemed an employee of the Client for any purpose. 5. Termination. This Agreement shall be terminated as follows: (a) 30 days after written notice of termination is given by either party at any time after August 22, 2022, provided however, that if the Client shall terminate this Agreement pursuant to this Section 5(a) for any reason other than Consultant's material breach of this Agreement (having given prior notice of, and reasonable opportunity for Consultant to cure, any such breach), Client shall pay to consultant in one lump sum an amount equal to that portion of the aggregate Consulting Fee which has not been paid to Consultant as of the effective date of such termination. (b) On such date as is mutually agreed by the parties in writing. (c) Upon expiration of the Term as set forth in Section 3. If Client elects to terminate for material breach then Client shall pay to consultant in one lump sum an amount equal only to that for which services have been rendered. Upon termination of this Agreement pursuant to this Section 5, except as contemplated by Section 5(a) in the event Client terminates this Agreement in the absence of continuing material breach hereof by Consultant, Consultant shall be entitled to payment of only that portion of the Consulting Fee earned through the effective date of such termination and any portion of the Lump Sum Payment which has not been paid to Consultant as of the effective date of such termination. 6. Confidential Information. Evergreen Solutions shall not, at any time during or following expiration or termination of its engagement hereunder (regardless of the manner, reason, time or cause thereof) directly or indirectly disclose or furnish to any person not entitled to receive the same for the immediate benefit of the Client any trade secrets or confidential information as determined by the Client in writing. 7. Covenants. Evergreen Solutions agrees to (a) faithfully and diligently do and perform the acts and duties required in connection with its engagement hereunder, and (b) not engage in any activity which is or likely is contrary to the welfare, interest or benefit of the business now or hereafter conducted by the Client. 8. Binding Effect. This Agreement will inure to the benefit of and shall be binding upon the parties hereto and their respective successors or assigns (whether resulting from any re organization, consolidation or merger of either of the parties or any assignment to a business to which all or substantially all of the assets of either party are sold). 9. Entire Agreement. This Agreement, including the aforementioned RFP and proposal, contains the entire agreement and understanding of the parties with respect to the subject matter hereof, supersedes all prior agreements and understandings with respect thereto and cannot be modified, amended, waived or terminated, in whole or in part, except in writing signed by the party to be charged. 10. Notices. All notices required to be given under the terms of this Agreement or which any of the parties desires to give hereunder shall be in writing and personally delivered or sent by registered or certified mail, return receipt requested, or sent by facsimile transmission, addressed as follows: (a.) If to Evergreen Solutions addressed to: Evergreen Solutions, LLC Attention: Dr. Jeff Ling, President 2878 Remington Green Circle Tallahassee, Florida 32308 (b.) If to the Client addressed to: City of Mauldin Attention: Mr. Mark Putnam, Human Resources Director 5 E. Butler Road Mauldin, south Carolina 29662 Any party may designate a change of address at any time by giving written notice thereof to the other parties. 11. Miscellaneous. This Agreement: (a) shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns; (b) may not (except as provided in Section 9 hereof) be assigned by either party hereto without the prior written consent of the other party (any purported assignment hereof in violation of this provision being null and void); (c) may be executed in any number of counterparts, and by any party on separate counterparts, each of which as so executed and delivered shall be deemed an original but all of which together shall constitute one and the same instrument, and it shall not be necessary in making proof of this Agreement as to any party hereto to produce or account for more than one such counterpart executed and delivered by such party; (d) may be amended, modified or supplemented only by a written instrument executed by all of the parties hereto; and (e) embodies the entire agreement and understanding of the parties hereto in respect of the transactions contemplated hereby and supersedes all prior agreements and understandings among the parties with respect thereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. Evergreen Solutions, LLC --------------------------------------------------- Jeff Ling, President City of Mauldin ---------------------------------------------------