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| The following summary minutes have not been approved by Simpsonville City Council. An official copy of the minutes will be available after adopted by City Council at City Hall 118 NE Main St. Simpsonville. Pursuant to the Freedom of Information Act, notice of this meeting date, time, place and Agenda was posted on the bulletin board at City Hall and faxed to the newspapers, radio stations, television stations and any concerned citizens. |
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SIMPSONVILLE CITY COUNCIL MINUTES BUSINESS SESSION November 13, 2007 6:30 P.M.
CALL TO ORDER: Mayor: I call the November Business Meeting of Simpsonville City Council to order. Ms. Bodkins would you call the roll for us please.
ROLL CALL: Ms. Bodkins: Yes sir: Councilmember Bridges: Here Councilmember Garrett: Here Councilmember Lawrence: Here Councilmember Bagwell: Absent Councilmember Zitricki: Here Councilmember Larson: Here Mayor Waldrop: Here
Mayor: I would like to say I was contacted by Ms. Bagwell to tell me that she was going to be out of town for this meeting. So she sends her regrets and will be back with us next month.
OPEN PUBLIC HEARING ON AXZ-2007-05 Mayor: All right, we have a need tonight before we start the regular portion of our meeting to have a Public Hearing regarding an Annexation. And Mr. Dyrhaug are you going to handle this for us. This is regarding AXZ-2007-05 which is the Helen Richardson Property. And Mr. Dyrhaug you’re going to locate that for us and tell us where it is and give us all that information. But before you do that I declare the hearing open. All right Mr. Dyrhaug if you will give us the information please.
Mr. Dyrhaug: Okay this is docket number AXZ-2007-05 for first reading and for Public Hearing. This is a request to annex and rezone a single property owned by Helen Richardson, that’s located around Neely Ferry Road, behind the Givens Property that’s currently being developed for commercial development. And this request is pursuant to SC Code of Law § 5-3-150 whereby 100% of the freeholders have signed a petition requesting annexation into the City of Simpsonville . And if you’d like I can go into my Staff Report when this item comes back up on the Agenda.
Mayor: Yeah, I think that would be the appropriate time. Thank you for identifying the property for us.
Mr. Dyrhaug: I’ll turn on the monitor and you’ll have a map of it if you’d like as well.
Mayor: If you can do that quickly that wouldn’t be a bad idea. Is there anyone here to speak in opposition to this annexation. All right, hearing none – is there anyone here to speak in favor of this annexation. All right, anyone up here like to speak at all about this annexation. Okay, a silent Public Hearing. I hereby declare this hearing closed. And we’ll proceed on and we’ll talk more about that when we get to the annexations and rezonings on our regular agenda.
INVOCATION Mayor: Is there anyone here who would like to ask blessings upon this meeting in your own personal way. All right, Mr. Bridges would you ask blessings upon this meeting in your own personal way please.
Mr. Bridges: I’ve asked Pastor Brad Whitt to do that for me and he’s agreed to do that.
Mayor: Fantastic. Pastor Whitt if you’d like to step to the front here and….
PLEDGE OF ALLEGIANCE Mayor: Would you join us in the Pledge of Allegiance to our Flag please.
APPROVAL OF MINUTES OF 10/09/07 and 10/23/07 Mayor: Thank you. Okay council members you have in your packet the minutes of the October 9, 2007 meeting and the October 23, 2007 meeting and I’ll entertain a motion in that regard. Ms. Lawrence.
Ms. Lawrence: Mr. Mayor I make a motion we approve the Minutes of October 9 th and October 23 rd as written.
Mayor: Thank you Ms. Lawrence, do I hear a second.
Mr. Larson: Second
Mayor: Mr. Larson seconds. Thank you Mr. Larson. Any discussion, corrections, additions, deletions. All right, hearing none I’ll call for the vote. All in favor signify by saying Aye (AYE) opposed No. Aye’s have it it’s unanimous, those minutes are approved and become part of the official record.
REVIEW OF MONTHLY REPORTS Mayor: You have in your office downstairs the monthly reports from the department heads and I see a couple of them back there tonight. Thank you so much for those. That’s valuable information to us all.
CITIZEN COMMENTS Mayor: Next part of our Agenda is the Citizen Comments section. This is where we invite the citizens to come and speak to us. This is our business meeting, so we will listen to you but we will not respond. We’ll just listen. You can say anything you’d like to about anything you want to. If you called ahead and asked to be placed on the Agenda we’ll give you approximately 4 minutes to speak to us. If you signed up at the door we’ll give you 2 minutes and I will remind you of that. I’ll be generous with the time if you’re saying something interesting we might stretch it but I will remind you if you go over time. So we’ll begin with those who asked to be placed on the Agenda and that would be Bill Wilson. If you’ll approach the podium and give us your address for the record please, you may begin.
• Bill Wilson – 309 Deer Spring Lane Simpsonville. My address is 309 Deer Spring Lane , Simpsonville , SC. I am a member of Simpsonville United Methodist Church and I am also a representative from the Planning Committee for Journey to the Manger. As you’re all familiar with Journey to the Manager this is our annual – this will actually be our 7 th annual event, which we consider our gift to the community. The reason I’m here is to ask your permission to use a portion of Main Street as we have in the past so that we may stage cars into the entrance of our Church. It starts at Hillcrest Marketplace Shopping Center and ends in front of the Church. And so I appreciate your time.
Mayor: Thank you. That is a gift to the community and we certainly appreciate you doing that for us and I’m sure you’ve talked with our Police Department and nothing’s different I guess. Everything’s the same.
Mr. Wilson: I have been in communication, as each year, and has graciously given a lot of time and support, Lt. Davis, and I’ve spoken with him several times in the last several weeks and he’s got everything under control in setting out the cones and so forth – so we’ve got it going.
Mayor: Fantastic. Well thank you for that and I guess we can just go ahead and dispense with this real quickly Mr. Parliamentarian. We’ll just go ahead and do it now rather than wait. Do we need to do this in the form of a Resolution or….
Mr. Holmes: Yes sir.
Mayor: All right, so I’ll need a motion that we resolve to allow Simpsonville United Methodist Church to present their program again. Ms. Lawrence.
Ms. Lawrence: Yes Mr. Mayor I make a motion that we allow the Methodist Church to present their Journey to the Manger this year.
Mayor: Thank you Ms. Lawrence. That doesn’t require a second I don’t believe – it does require a second. All right the whole peanut gallery seconds. Excuse me, Mr. Zitricki seconds. I’m sorry sometimes I….all right any discussion. Anybody have anything they’d like to say about it. All right, hearing none I’ll call for the vote. All in favor signify by saying Aye (AYE) opposed No. It’s unanimous and we’ll look forward to that event again this year. Thank you for coming.
All right, now we’ll move to those who signed up at the door and wish to speak to us. I’ll remind you we’ll give you 2 minutes and first is Mr. Mark Holmes. Mr. Holmes if you’ll give us your address for the record, I think you know the procedure.
• Mark Holmes – 300 McBee Ave. , Greenville , SC I’m just so excited to be able to talk about the Heritage Crest rezoning that I couldn’t resist signing up but I’ll be happy to provide any information you may need when that comes up on the Agenda.
Mayor: Thank you. I appreciate that and we’ll probably call upon you. All right, do you want to pass your minute and 50 seconds you have left onto someone else.
Next is Pastor Roger Hickernell. Did I pronounce that right. Great thank you. If you’ll just state your address for the record sir, you may begin.
• Pator Roger Hickernell, Assistant Pastor representing the Bible Baptist Church of Simpsonville on Harrison Bridge Road . This is in regards to the ordinance alcohol in public places. I’ll read this to keep within my time frame. As Assistant Pastor, representing my Pastor, William Cole, the congregation of Bible Baptist Church of Simpsonville, we are strongly unified in opposition against alcohol in public places. As a minister of the gospel I’d like to help the council with your responsibility and accountability before God to make good and right decisions to affect all the people of Simpsonville. Where rules are not _____ but to evil, do that which is good and thou shall have the praise of the Saint. For he is the minister of God to thee for good. Your position council is God authorized, three times the word good appears. Do good and we are ready to give honor and praise for your right decisions against alcohol in public places. Christians are exhorted to pray for all men, for kings and for all that are in authority that we may lead a quiet and peaceful life in all godliness and honesty. We pray for your good and right decision that can lead this community toward a quiet and peaceful life. I pastured 21 years in inner city Philadelphia , now America ’s number 1 murder city. I’ve watched for 21 years first hand in public parks, places, on our streets and parades, unwantingly in front of our homes the reaping results of the sewing of alcohol leading to disruption, unruliness, vulgarity, oft times indecency, certainly littering, while at the same time creating a non-family atmosphere. Your decision will not affect the privacy of one’s home but rather an entire public and therefore a decision must be enacted for the good of all. Alcohol has no positive results. Your decision will be to the root to determine the subsequent fruit of yes or no to alcohol. I moved from Pennsylvania to this area because of its quiet peaceable even spiritual difference. I came to the so-called Bible Belt only to now realize that this belt is not so spiritually tight, because standards are being compromised and old foundations are crumbling. For this council to vote for alcohol, which is in direct opposition to God’s word, even sensibility and practicality ought to be a fearful thing. So that everyone of us shall give an account of himself to God. We are living in a blame-shifting generation where no one wants to be responsible or accountable for their actions. Rest assured, council, be not deceived for whatsoever a man soeth that shall he also reap. The principle cannot be ignored in any realm of life. The results of a yes vote for alcohol in public places will be squarely placed upon your shoulders and you’ll become accountable for the results. If we do not allow it no one will practice it unless unlawfully. Vote for the good and you’ll not have to answer for the bad results. You have an opportunity to do good with your authority. Are you ready to assume the full responsibility and accountability of your vote. For the good of this community toward a more quiet and peaceable life and for the pleasure and blessings of God upon this council and community we ask, we urge, we’ll thank you for your vote against alcohol in public places. Thank you very much.
Mayor: Thank you sir. All right, next is Reverend Brad Whitt and Company Pastor Whitt if you’ll give your address for the record please you may begin.
• Brad Whitt – Pastor of Temple Baptist Church – 213 W. Curtis Street and this is Laura Kate.
Unfortunately I had to come tonight when I was supposed to be watching her. And so tonight I’ll just keep it very brief and remind you using three words. This first word is integrity. In January of this year this council promised that the only exception made for the sale of alcohol would be for Freedom Weekend. That assurance was given. I’ve checked today – unfortunately the recording didn’t work – there’s no transcripts giving your exact statements. Convenient maybe – but it’s not there. And so tonight I’m asking you to honor your promise that the only exception would be Freedom Weekend. The second word is dependability. I understand that what we’re asking for tonight is to allow the City Administrator to have some say so over event permitting the sale of alcohol. I don’t know how the Freedom Weekend debacle happened. I don’t know who informed him or if he acted on his own, but at the very least there was a poor lack of judgment that was evident. With the result this council being placed in the cross-hairs of the community. So the first word is integrity. I’m asking you all to honor your promise. The second word is dependability – that you don’t place the authority to make a decision with someone who’s already shown a poor lack of judgment or something else. The last word is family. As our brother mentioned a moment ago, I moved here also from a big City. I lived in Columbus , Ohio , I’ve lived in Birmingham Alabama , I’ve lived in Memphis Tennessee . I chose a small town for a reason. And it seems like every time we turn around the small town is being replaced. And if we take away the small town then there’s nothing special for anybody to want to move here ever again. So I just want to encourage you tonight to remember, integrity – this City is looking to you – we had about 900 people vote in the election this past year and normally we have about 1,600 and it could be that people are just disenchanted and disgruntled that perhaps they’re not being listened to and so they just don’t take a part. Dependability – I’ve said enough and family. I hope that you will really reconsider the idea and stick to your promise to protect our families. Laura Kate loves going to Heritage Park , she likes riding the train. She likes playing in the park. It’s a nice place. And she really doesn’t want to see it used by those who would destroy it with alcohol and it may be that the Churches don’t have as much sway as they used to – it’s businesses who are maybe being listened to more and more now but I would encourage you that we employ businesses, we spend our money and perhaps if the Churches aren’t listened to then maybe the businesses should be listened to at some point. Thank you.
Mayor: Thank you. All right next is Tom Patterson. And Mr. Patterson if you’ll state your address for the record you may begin.
• Tom Patterson – Hunters Woods Subdivision
I’m Tom Patterson and I live in Hunters Woods Simpsonville. Fellows I was kind of shocked when I found out about this meeting. I looked back to – I know this is a by-product of Heritage when you had your Weekend Aloft. This is a by-product of that. And I know that I recall that you made that remark as the Pastor said about integrity about 3 days only during that time of Weekend Aloft. Fellows I love Simpsonville. I hate to see Simpsonville become a sin-sick city. This is what alcohol will do. And fellow I know that there’s a better way to make revenue for this City than going to alcohol. That Heritage Park has not been used – there’s no revenue that comes from that – I know you’ve got a bit payment there but fellows there’s a way you can make Heritage Park well known and great residents can come to that park. If you guys get your heads together with the City of the community and work out a plan where it can be used and be profitable to the City. But fellows alcohol is not the way. Thank you.
Mayor: Thank you. All right those are all of our speakers tonight and we appreciate everything you said and we listened carefully.
CITY ADMINISTRATOR’S REPORT Mayor: Next item on the Agenda is the City Administrator’s Report. Mr. Hawes what say you.
Mr. Hawes: Yes sir, Mr. Mayor and Council. First of all regarding the amphitheater improvements that are underway. Design work will soon be completed on the stage covering at the amphitheater. The stage covering will run 66 feet, be enclosed on 3 sides and have a proscenium or front opening approximately 50 feet high. This is 100 feet wide and 66 feet high. This is a massive structure. The stage cover structure will be capable of supporting the rigging for major touring acts. The design also includes truck loading docks at the rear of the stage. We expect to have documents ready for construction bid by early December. Also underway is design work on restroom facilities and the backstage building to support offices, dressing rooms and catering. Ticketing and concessions buildings are also on the drawing board. The City will soon be installing landscaping received through the State’s Park Grant that we announced at the last council meeting. Board and Commissions application submittal is upon us. All members of City Council are asked to actively seek out individuals who may apply for Board and Commission vacancies. Our policy is that any application must have the City Council member as a sponsor. We currently have 3 Planning Commission members who terms will expire as of December 31 st of this year. Please see City Clerk Pam Bodkins for more information on application procedures and deadlines for submittal. And I’m going to throw it over to Pam here just to fill in – to answer those types of questions that are probably in your mind. She’s got a little thing to go through.
Ms. Bodkins: I’ve received two applications so far. They need to be in no later than Thursday before the workshop session – which we normally don’t hold a workshop session in November. That’s why I was going to go ahead and tell you about these two tonight. I have one from Hunter Howard, III and the sponsor is Ron Bridges. You forgot to sign this. And Ms. Caroline Mahaffey and the sponsor is Mayor Waldrop. So if you all would like to say anything now or later about your…..
Mayor: Well I for one think – and we’re going to talk about this a little later on as to whether we have a workshop meeting this month or not. I believe we can wait until the end of the month and probably before the business meeting in December just have – just take 5 minutes or so to review the applications and have people give their …..
Ms. Bodkins: I can scan them out to you
Mayor: Yes that will give us an opportunity to recruit some more folks and have time to explain why we sponsored them and hear their qualifications. Does that okay with everybody. Do I see an executive nod of approval on that. Okay. Why don’t we just do that then and if you’ll make a note to put that on the Agenda for the December Business Meeting we’ll take some time to do that. All right, thank you. And you still have the floor Mr. Hawes.
Mr. Hawes: Yes sir, thank you Mayor. Regarding the downtown Streetscape Project – we continue working to place underground conduit, removal of sidewalk and install new decorative sidewalk with brick treatments throughout the project area. The next step will be the pulling of power, telephone and cable lines and turn around of individual services to buildings. This should be accomplished between Thanksgiving and Christmas. After Christmas Phase II of the project will begin. Phase II involves the installation of planted medians, new fluted mast arm traffic signals and decorative carriage lantern style street lights. Crews will begin in January on the median work. The mast arm traffic signals are on order with expected installation in February. The decorative lighting will be installed concurrent with the mast arms. Phase III, which is the last phase will begin with completion of the medians and should last until April. It involves street top coating, re-striping and installation of brick style cross walks at the intersections, as well as any final landscaping work. We expect the project to be completed in time for Freedom Weekend Aloft in May.
Event Information Upcoming: The next business meeting for City Council is December 11 th . Simpsonville Christmas Parade is scheduled for December 2 nd at 3:30 p.m. and Snow Day at Heritage Park which is a new event put on by our Recreation Department which is going to involve 43,000 pounds of ice that will be converted into snow – is set for December 15 th from 11:00 a.m. until 5:00 p.m. at Heritage Park. I’ll be glad to take any questions or during your Council Comments.
Mayor: So that concludes your report.
Mr. Hawes: That is correct
Mayor: All right anyone like to – well we’ll move to Council Comments now.
COUNCIL COMMENTS Mayor: As a part of that would anyone like to ask Mr. Hawes questions or make comments on his report, feel free to do so. Wow it must have been a good report.
Mr. Larson: I have a question. How are they going to turn ice into snow
Mr. Hawes: I believe it’s like – it’s shaved and then blown is the technique that’s involved.
Mr. Larson: That sounds like it will be interesting.
Mr. Hawes: It should be interesting.
Mayor: All right anyone else. Well I have a question about the streetscape project. Now you said that I think I understood you to say that during December between the Christmas Parade and Christmas I guess that the underground utilities will be complete is that what I understood you to say. Does that mean that the utility posts will be taken down or – I mean we have little angels and snowflakes and all that stuff mounted on those posts – how’s that going to work.
Mr. Hawes: No I believe it’s going to be pulling of the wires, not necessarily the actual removal of the existing facilities yet.
Mayor: Okay so just the pulling
Mr. Hawes: It will be relatively non-intrusive type work. It will be just involving the cable being pulled through the underground conduit and then pulled out and getting ready for connection on the turned utilities.
Mayor: I’m sure we’ll all be glad when that little project gets completed.
Mr. Hawes: Yes we will.
Mayor: All right hearing no other except for Mr. Garrett comments – Mr. Garrett
Mr. Garrett: I saw on South Street where the old Texaco station is being torn down and I’m glad to see that but I noticed the old Bi-Lo parking lot for a better way to describe it seems to be turning into a daily yard sale sort of deal down there. Do we have any ordinances against that or is that just what it’s going to turn into or anybody know.
Mr. Hawes: We do have ordinances against transient selling of goods if that’s what is almost a flea market type continued use of property for that purpose. No I don’t expect that it would continue at all. We can be diligent on making sure that that doesn’t continue. It is in transition right now is the best way I could put it and we’ve had some contact with the property owner to determine exactly what the plan is for that property and have not been able to convince – I won’t say convince – but not been able to get a thorough report on where that property is going at this point.
Mr. Garrett: It just didn’t look like the sort of thing we would want as a gateway to the City down there right inside the gateway.
Mr. Hawes: It is private property – there’s only so much the City can do.
Mr. Garrett: I just wonder if the owner’s aware of it.
Mayor: May not be – it’s the Garrett family – you ought to
Mr. Garrett: I’ll be glad to call them up – I didn’t even know who owned it any more.
Mr. Hawes: I believe it is the Garrett family – so
Mayor: And he won’t say anymore. Okay anyone else. All right hearing no further council comments we’ll move into our First Reading Ordinances.
ORDINANCES (First Reading ) • Ordinance to Amend Chapter 4 § 4.4 Regarding Event Permitting Mayor: And Mr. Hawes we’re going to jump right into this thing with the ordinance to amend Chapter 4 § 4.4 regarding event permitting. And I wish you would explain this to us and please explain to us why this is coming before us now and explain to us what this is all about, because I think we all have a lot of questions about it to as obviously some of the people in the audience do so….talk to us about it.
Mr. Hawes: No I understand. I’ll be glad to. In review of the current ordinances, the Code of Ordinances that the City has right now I was bringing this before council really to clarify a conflict in the ordinance. And also to make the process for event organization and as the City becomes more involved with events of differing sizes and activities to make that a less cumbersome prospect on those people applying. Where it comes before City Council right now for any approval is rather cumbersome process and it can take up to two months to get through to the point where someone approaches and then we get onto a Council Agenda and to a business meeting and so forth for approval. I really felt that we needed to clarify the conflict that exists within the ordinance where § 32-165 states that alcohol regarding – let me get the exact words for you if I could – one second – I don’t want to paraphrase this if I can help it.
Mayor: Thank you
Mr. Hawes: There it is. Under §32-165 contents of application. Application shall be signed by applicant and shall include but not be limited to the following: number 9 says the description of food and beverages to be sold or distributed, and if beverages containing alcohol are to be sold, then evidence of a state permit, if needed having been issued or applied for and a limitation of such beverages to beer and wine. That is in our ordinance currently under §32-165. §4-4 basically states that alcohol shall not be consumed in public places. So I saw a conflict and I really felt that it was appropriate for City Council to consider that. However if City Council is not wishing to consider that at this time I certainly will do whatever you would like.
Mayor: Well before I go on this – since this is a conflict in our ordinance, Mr. Attorney you’re not prepared for this probably because I didn’t say I was going to do this but I’d like to hear from you regarding – is this needed to clarify §32-165 or is this just an exercise in something
Mr. Holmes: It’s not needed to clarify it. Some time ago you all amended it may be § 4 that you made a specific exemption for Freedom Weekend Aloft so that is an event that is applied for and they would have to comply with that section. That doesn’t mean that you have allowed other events in other places. So it’s not a conflict. The issue is whether or not you all want to allow the consumption of beer and wine at other events other than Freedom Weekend Aloft and in a public place.
Mayor: Okay so this doesn’t – does this enhance – is this needed – I guess is what I’m saying – depending upon what we do I know – but tell me – explain to us if you will how this will affect and maybe you think you just did, but I’m a little slow. So….
Mr. Holmes: Well as I understand it there is only one event, Freedom Weekend Aloft that is a public place where the sale and consumption of beer and wine is now allowed under City Ordinances. This change would allow other events, other than Freedom Weekend Aloft to be permitted by the City Administrator
Mayor: Okay, without coming before council.
Mr. Holmes: That’s correct. Of course there’s nothing in your current law that allows anybody else to come before council because it’s absolutely prohibited other than Freedom Weekend Aloft during those few days.
Mayor: Okay. Does everybody understand that. All right, would anyone like to make a motion regarding I guess the recommendation to accept this ordinance.
Mr. Bridges: I’d like to make a motion that we not accept it.
Mayor: Well by virtue of the fact that we have no motion that would effectively do that would it not. Okay – so would anybody like to make a motion that we accept the recommendation before us. All right, hearing none. Thank you very much we’ll move on to something else.
• Ordinance to issue Junior Lien Certificates of Participation – Series 2007 Mayor: All right the next item is Ordinance to issue Junior Lien Certificates of Participation Series 2007. Mr. Hawes you’re still up.
Mr. Hawes: Yes sir, Mayor and Council. This ordinance would allow the City to issue COPS or Certificates of Participation for the purpose of improvements at the Heritage Park facility specific to improvements at the amphitheater, road improvements, land acquisition, building improvements and also possibly improvements at the Arts & Cultural Center , also known as the former Simpsonville Elementary School . These COPS or bonds basically is a simplified way of describing it would be issued in the amount of two million five hundred seventy thousand dollars and would be used for those purposes.
Mayor: Now these are certificates of participation not general obligation bonds.
Mr. Hawes: That is correct these are…..
Mayor: These are to be repaid with the – explain that to us as to where the funding for this comes from
Mr. Hawes: The funding from this comes directly from the Simpsonville Public Facilities Corporation which handles the monies that are derived from the Hospitality and Accommodations tax.
Mayor: So this would not be – these would not be repaid with money from the general fund
Mr. Hawes: No, this is the same funding source that funded Heritage Park and the Arts & Cultural Center to this point as well.
Mayor: And how is that – how is the collections on that food and beverage and accommodations
Mr. Hawes: They are growing very strongly.
Mayor: Okay. I’ll entertain a motion.
Mr. Larson: I’ll make a motion that we approve issue of Certificates of Participation Series 2007.
Mayor: Thank you Mr. Larson do I hear a second
Mr. Garrett: Second
Mayor: Mr. Garrett seconds. Thank you Mr. Garrett. Any discussion.
Mr. Zitricki: Mr. Mayor
Mayor: Mr. Zitricki
Mr. Zitricki: Mr. Hawes what’s our obligation right now on all the issuances we have on these COPS. I see a lot on here in the ordinance for 2000, 2003, 2004, 2005, 2006 and the last one of 2007. And if you add them up it’s about twenty two million dollars.
Mr. Hawes: If you are saying that that’s the amount that will be paid out over the life time of those issuances that may be correct.
Mr. Zitricki: Okay, how much do we owe do you know approximately on all of these monies we’ve borrowed.
Mr. Hawes: Approximately 12 million. That is the cost of the park
Mr. Zitricki: We owe 12 million still – I believe 8 million was re-financed or re-appropriated back in April
Ms. Lawrence: Re-funded
Mr. Hawes: It was re-funded that is correct.
Mr. Zitricki: So basically we still owe what we borrowed to begin with – a little bit less
Mr. Hawes: A little less
Mr. Zitricki: And what do we generate for revenue from Heritage Park .
Mr. Hawes: From Heritage Park directly – actually the revenue that pays these bonds back is not from the revenue from Heritage Park .
Mr. Zitricki: I understand that – but what
Mr. Hawes: What does Heritage Park generate in and of itself. That goes into the general fund.
Mr. Zitricki: Correct, yes
Mr. Hawes: Approximately $50,000-$60,000 per year from events. And about $30,000 from our operation of the train as well
Mr. Zitricki: $30,000 a year for operation of the train
Mr. Hawes: That’s correct
Mr. Zitricki: And how much are we getting back from the hospitality tax per year approximately.
Mr. Hawes: About 1.1 million dollars.
Mr. Zitricki: Okay – so we want to borrow two and a half million dollars more on top of this and bring us to 14 and a half million and we only bring in about a million a year to pay it back – it’s going to take us 14-15 years to pay it off if we don’t borrow any more in the mean time.
Mr. Hawes: That’s correct.
Mr. Zitricki: Or anything else for the City that goes towards that Hospitality Tax
Mr. Hawes: That is correct.
Mr. Zitricki: Okay
Mayor: Okay good. If you will Mr. Hawes go a little farther and explain the process for issuing a COPS like this – the roll the bonding houses play in it and the people who buy the bonds.
Mr. Hawes: Well certainly – we – the City went before the rating agencies and was re-affirmed as a AA- from Standard and Poore’s and an A+ from Fitch based on the strength of our Hospitality and Accommodations Tax Revenues, the growth and such, the growth in the over-all Simpsonville economy. We’ve been a very strong, well financially managed City for a number of years. We have not experienced the fluctuations or cycle changes in the economy that other states and cities around the country have experienced with regard to home building. We may be in a slight lull right now but we never got to the high points that these others and then the precipitous drop that occurred and basically the bottom fell out in places such as California , New England and Miami and some of those areas. So we’ve been on a very even, steady growth curve for about 15+ years and we continue to grow in the retail and commercial sector which funds this park. The operations of the park benefit the retail and commercial center directly by bringing in tourist, people from out of city and out of state when they come to the events of the nature we’re talking about – these funds will be levied to make possible. We’re talking about major concert type events, taking the park to its full potential, leveraging the amount invested in the park to the best return that we can possibly get. And that includes the amphitheater that was built in the last year. This is completing Phase II which was always planned as part of Heritage Park . The amphitheater was part of Phase II from the beginning. So this is a well-planned and executed approach to the completion of Heritage Park at this time.
Mayor: And who buys those bonds – the last few COPS that we’ve issued who buys the bonds
Mr. Hawes: Well the banks – I mean banks such as BB&T, Bank of America funded our last one. These are municipal tax sheltered bonds so they are a very good investment and the banks know that they have a strong financial situation when they invest in Simpsonville.
Mayor: That’s what I wanted you to do is give us some assurance that there are people much smarter than us who think this is a good investment for us and they want to be a part of it.
Mr. Hawes: Absolutely
Mayor: All right anyone else have questions. Mr. Zitricki
Mr. Zitricki: Is this debt for these COPS is that counted as our total debt that the City owes
Mr. Hawes: No. It is separate of GO debt. I mean you say total debt it’s not counted against – it’s not counted against the debt limit of the City which is 8% of assessed value. It is money that is owed by the City but it’s not counted in the debt limit
Mr. Zitricki: So when the auditor comes in and does his audits this money for the Heritage Park is not included in his assessment of the City of what we owe.
Mr. Hawes: It is included but it is not included against the General Obligation of the City.
Mr. Zitricki: Okay, so it’s not part of our general obligation
Mr. Hawes: They audit special revenue
Mr. Zitricki: So when he says our general fund balance is 16% of 2007 general fund expenditures that’s not including these monies here.
Mr. Hawes: That is correct. This does not impact our general fund balance in any way.
Mr. Zitricki: Okay
Mayor: All right, anyone else. All right, hearing no further questions I’ll remind council this is first of two readings required and I’ll call for the vote. All in favor signify by saying Aye (AYE). Opposed No. Aye’s have it it’s unanimous. Thank you.
ANNEXATIONS/REZONINGS (First Reading ) • AXZ-2007-04 12 properties along W. Georgia Rd. Mayor: All right next, Mr. Dyrhaug you’re going to tell us about lots of annexations and rezonings and that sort of thing. And we’re going to have pictures.
Mr. Dyrhaug: Well if Mr. Hawes hits that power button we can start going. I have a quick question – next item is Annexation AXZ-2007-04 – it was tabled at the last meeting do we need a motion to untable that yet
Mr. Holmes: No
Mr. Dyrhaug: Okay then I will proceed. Once again I’d like to present docket number AXZ-2007-04 request to annex and rezone 12 properties along W. Georgia Road and I’m just going to bring you back up to speed on this since we did talk about it a little bit at the last meeting, I’ll just briefly hit some highlights here. This request is pursuant to SC Code of Laws §5-3-150 whereby 75% of the freeholders have signed a petition requesting annexation into the City of Simpsonville . The 12 properties that have been included on the petition are shown in pink on this map on the wall. The properties numbered 1-9 are the ones that have signed the petition while properties 10-12 have not signed the petition. With the exception of property number 5 which is zoned C-3 all the remaining properties in this petition are zoned R-S in the County. The requested zoning for all properties is PD. To the east of this corridor is an interchange at I-385. A handful of new commercial developments that are in progress. To the west of this corridor are a number of new residential subdivisions. Regardless of whether this area annexes into the City staff opines that the pressures of development throughout this corridor will continue to increase. It would be a great benefit to the City to have some input regarding the development of this corridor. As I mentioned this item was tabled at the previous City Council business session so that we could wait for a legal opinion from Mr. Holmes and I guess we’ll turn our attention to that at this time.
Mayor: Does that mean we’re going to turn our attention to Mr. Holmes
Mr. Dyrhaug: Sounds great to me.
Mayor: Okay Mr. Holmes we’re turning our attention to you.
Mr. Holmes: There was an issue about the contiguous nature of the property and it’s my opinion after looking at the SC statutes that this annexation meetings the contiguous requirements of the statute so it would be appropriate for you to vote it through.
Mayor: So I believe it was parcel number 7 that was in question at the time.
Mr. Holmes: Yes, parcel 7 is clearly contiguous to the City Limits.
Mayor: Okay so it is – it meets all the requirements
Mr. Holmes: It does
Mayor: That was the question I believe and I believe the gentleman is here tonight that had raised that question. All right, so I’ll entertain a motion in this regard. Mr. Larson
Mr. Larson: I make a motion that we approve AXZ-2007-04 the properties along W. Georgia Road being rezoned and annexed into the City
Mayor: Thank you Mr. Larson. Do I hear a second.
Mr. Zitricki: Second
Mayor: Mr. Zitricki seconds. Any discussion. Okay. Well we’ve had a public hearing on this and have you had any more input on this from citizens. So it’s just pretty much be laying and waiting.
Mr. Dyrhaug: Let me correct my shaking of my head. Actually I have had a little more input from one of the property owners who owns one of the 3 properties that did not sign the petition – he is the gentleman that owns property number 12 on here and he has indicated since that he would like to see this go through and be approved for annexation. So even though he hasn’t signed the petition he has indicated support for it.
Mayor: Okay. Thanks. Anyone else have any questions or comments. Well I’ll remind council that this is the first of two readings that are required. So hearing no further discussion I’ll call for the vote. All in favor signify by saying Aye (AYE) opposed No. Aye’s have it it’s unanimous. Passes on first reading.
• AXZ-2007-05 Helen Richardson Property Mayor: All right Mr. Dyrhaug tell us about AXZ-2007-05 the Helen Richardson property
Mr. Dyrhaug: Okay – this was the item that we held the public hearing for earlier in the meeting. AXZ-2007-05 and this is for first reading. As I mentioned this was a requested annex and rezone a single property owned by Helen Richardson that’s located along Neely Ferry Road (I’ll point to it here on the map on the wall. It’s colored in pink but that might be hard to see so I’ll just point to it. To give you a little reference of where this is in relation to other things on Neely Ferry Road. This is the Givens Property that’s currently being developed for commercial development. Here’s the Bloom Shopping Center and the Patton Park PD as a whole. Presently this property is zoned S-1 in the County. The zone that’s being requested is PD. The applicant would like to market this property for mixed use development. The property to the South as I just mentioned is being developed for commercial uses and mixed use development would provide a great transition between the property to the South and the other surrounding properties. By a vote of 4-0 the Simpsonville Planning Commission has voted to recommend to the City Council approval of the requested rezoning to PD. That concludes my report.
Mayor: Okay so we’re going to do annexation and zoning in the same – okay all right – I’ll entertain a motion in this regard. Mr. Garrett
Mr. Garrett: I make a motion that accept the rezoning of AXZ-2007-05.
Mayor: Thank you Mr. Garrett do I hear a second
Mr. Larson: Second
Mayor: Mr. Larson seconds. Thank you Mr. Larson. Any discussion. Mr. Larson
Mr. Larson: How many acres is that
Mr. Dyrhaug: 25.2 acres.
Mr. Larson: Is there any indication of what they plan to do with it if it’s approved
Mr. Dyrhaug: They’re still trying to sell it and market it right now – so like I said they’re trying to market it for mixed us development which would be a great fit in that area because where I mentioned there’s the Patton Park Development that’s also being developed for mixed use right now so I think that would turn that corridor into something really great.
Mayor: Okay anyone else. Hearing no further discussion I’ll remind council this is the first of two readings required and I’ll call for the vote. All in favor signify by saying Aye (AYE) opposed No. The Aye’s have it it’s unanimous.
• Z-2007-04 – Heritage Crest Rezoning Mayor: All right Mr. Dyrhaug
Mr. Dyrhaug: I’m getting frequent flyer miles for
Mayor: Well we’re just glad your earning your money. Z-2007-04 Heritage Crest Rezoning so talk to us about that.
Mr. Dyrhaug: All right – I’d like to present docket number Z-2007-04 for first reading. This is a request to re-zone a single property owned by Glenna Jones located adjacent to Heritage Park . This property is shown in pink here on the map on the wall. I’m pointing to it right here. Presently this property is zoned I-1 which is Industrial. The zone that has been requested is PD. The applicant is presenting or presently planning a true mixed-use community on this 162 acre tract that would be called Heritage Crest. This development would consist of up to 340 apartments – 285 townhouse units and 215 single family residential lots. Over all the density of this project would be up to 5.28 units per acre for the 162 acre tract. In addition the development would include 28 acres of green space, 13 acres of office development, 2.5 acres of commercial development and 16 acres of land that would be donated to the City for a use as parking associated with the events at Heritage Park . On this next picture this is a preliminary concept for how the property would be developed. This area up front here along Hwy 14 is where they are proposed to develop commercial uses. This property just a little further in is where they propose to develop office uses – going in a little bit further this area has been proposed for apartment development – going up a little bit further this area has been developed for townhouse development and then back behind it all there’s a proposed subdivision of single family residential properties. And in addition the area that I said that has been proposed to be donated to the City for parking is along the entire length of the property as it borders Heritage Park . By a vote of 4-0 the Simpsonville Planning Commission has voted to recommend to the City Council approval of the requested rezoning to PD. That concludes my report.
Mayor: All right thank you Mr. Dyrhaug. I’ll entertain a motion in this regard. Mr. Zitricki
Mr. Zitricki: I make a motion we accept Z-2007-04 as presented by Mr. Dyrhaug.
Mayor: Thank you Mr. Zitricki – do I hear a second
Ms. Lawrence: Second
Mayor: Ms. Lawrence seconds. Thank you Ms. Lawrence. Any discussion. Well I have some things I want to say about this. This piece of property – we have a history with this piece of property and it goes back quite a ways. This was a piece of property we had identified years ago as a potential industrial park because we needed an industrial element to our tax base as you probably all know industrial property is taxed at a higher rate than either commercial or residential. Our hope had been – because there’s already an industrial company down there we had decided that we wanted to place an industrial park there. It seemed to be the right place and the time seemed to be right but it didn’t pan out for us for a variety of reasons. Mostly because we had some pretty serious competition from Greenville County with the Matrix and from Southchase and some others. We of course developed part of that into our now famous park so it’s taken on a little bit different character than it had back then which I believe makes it lend itself a little more to the kind of development that we’re talking about here. So although I’ve been very cautious about being excited about this property I think it’s something that is workable, provided that we can get some commitments from the developer – and I know we’ve already gotten some assurances I’m not sure they’re commitments about some things. I know that this plan that’s presented to us tonight has already been proposed some changes be made to that. So Mr. Dyrhaug I want to ask you and perhaps – well since your speaking for the Planning Commission – can we get some assurances that we’re going to have a lot of input into how the final development plan on this property is accepted. I mean I know the Planning Commission with PD has to say grace over it but I want to make sure we’re all on the same page and that we get some things that benefit our Heritage Park down there as well as the rest of the community while protecting the industrial site that’s already down there. It’s a long question you can give me a short answer.
Mr. Dyrhaug: I can give you a simple answer yes but I’ll also say
Mayor: No I think the question was how can we get some assurances
Mr. Dyrhaug: Oh how – we’ve already began discussing different issues pertaining to site and things that staff and others would like to see incorporated into the development, including things such as trails. How the inter connectivity of the road network works. And we’ve already provided the applicant with some comments that they can go back and try and work into their final development plan design. Obviously at this point we’re not at a point where we’re approving a final development plan. All this stuff is still conceptual so I think we have the benefit of still being able to iron some of these things out that we think will be of a real benefit to the development and the design of this project.
Mayor: Has there been any conversation about screening from our park particularly the amphitheater which will have a tendency to be noisy at times and some buffering and some protection from the industrial facility that’s already in place down there.
Mr. Dyrhaug: Yeah – right now the statement of intent has in it – it indicates that all buildings will set back a distance of at least 75 feet from the line and that there will be a 25 foot wide buffer. We’ve asked the applicant to consider increasing this so we’re going to work with them on that – trying to increase those and being able to keep some of the existing – as many of the existing trees out there along that strip as we can because that’s the best way to create that buffer. So we’ve already begun addressing some of those items and talking about those with the applicant.
Mayor: Okay thank you. Well I just want to say, I can only speak for myself but this requires two readings and this is only first reading tonight and I’m going to support it on first reading but I want before second reading I want to get some firm commitments from the developer that we will get some of these things that I mentioned. And I want to see some specifics about those and something that’s a firm drawing that’s not going to change after we vote. So having said all that does anyone else want to pontificate on that or have I said too much already. All right, hearing none, I’ll call for the vote. All in favor signify by saying Aye (AYE) opposed No. Aye’s have it it’s unanimous.
TEXT AMENDMENTS • TX-2007-03 Ordinance to require specified survey standards whereby County land records may be improved (Second Reading ) Mayor: Mr. Dyrhaug you’re almost through don’t sit down. You’re almost there – now text amendments – TX-2007-03
Mr. Dyrhaug: I’d like to present docket number TX-2007-03 for second reading. This is a text amendment that staff has worked on in conjunction with the GIS division of Greenville County . The amendment incorporates standards that will improve the accuracy and the time effectiveness of geographic data in Simpsonville and throughout the County. The amendment will require plats and surveys to be based on the SC State Plane Coordinates system. In addition applicants will be required to submit digital copies of their final plats. And by a vote of 7-0 the Simpsonville Planning Commission has voted to recommend to the City Council approval of this text amendment.
Mayor: Thank you Mr. Dyrhaug. I’ll entertain a motion in that regard. Mr. Larson
Mr. Larson: I make a motion that we approve TX-2007-03 ordinance to upgrade the survey standards.
Mayor: Thank you Mr. Larson do I hear a second.
Mr. Bridges: Second
Mayor: Mr. Bridges seconds. Thank you for the second Mr. Bridges. Any discussion. I think we discussed this the last time and we all agreed it’s a good thing. I’ll remind council that this is second and final reading on this. Hearing no further discussion I’ll call for the vote. All those in favor signify by saying Aye (AYE) opposed No. Aye’s have it it’s unanimous. So there’s your amended text.
• TX-2007-04 Outdoor Storage Containers(First Reading ) Mayor: All right Mr. Dyrhaug you’re going to tell us about those wicked old outdoor storage containers again. Let’s…I don’t understand why we keep hearing about this but go ahead.
Mr. Dyrhaug: All right. I’d like to present docket number TX-2007-04 for first reading. This is a text amendment that would regulate the use of outdoor storage containers. In August the Planning Commission expressed their desire to avoid situations where outdoor containers such as PODS are used for on-site storage and remain on a property for an indefinite period of time. The Planning Commission asked staff to draft an ordinance to address this issue. In drafting the proposed text amendment staff studied a handful of related ordinances throughout the country that have been adopted in the last 2-3 years. In studying these ordinances staff became aware that there are several approaches to regulating the placement of these containers. Some municipalities apply set backs from property lines; some municipalities prohibit these containers in the front yard; some municipalities only permit these containers on driveways; and yet some municipalities don’t regulate the location of the containers. However all of the ordinances studied impose a time limitation for how long an outdoor storage container may remain on a property. These time limitations range from 5 days to 90 days with the most common time limitation in the range of 10-30 days. Staff opines that foremost these containers should be prohibited on streets and that they should not be placed in such a way that it would impair or obstruct the vision of motorist. The Planning Commission expressed concern that these containers should only be permitted on the driveway. In addition the Planning Commission opined that a time limitation of 14 days was the most appropriate and would be more than adequate for the normal operations of the companies that lease these containers. Therefore following the Planning Commission’s directions, staff drafted a text amendment that first prohibit these containers on the street; second requires the placement of the containers to not obstruct or impair the vision of motorist; third to permit these containers to be placed on the driveway only; fourth it limits the length of time that these containers may remain at a property to not more than 14 days; and fifth it enables the resident to obtain an extension to the time limitation for reasons that constitute extenuating circumstances. By a vote of 5-0 the Simpsonville Planning Commission has voted to recommend to the City Council approval of the proposed text amendment.
Mayor: Okay thank you Mr. Dyrhaug. I’ll entertain a motion in that regard. Mr. Larson
Mr. Larson: I make a motion that we approve TX-2007-04 for outdoor storage containers on first reading.
Ms. Lawrence: I’ll second it.
Mayor: Ms. Lawrence seconds. Any discussion
Mr. Zitricki: Mr. Mayor
Mayor: Mr. Zitricki
Mr. Zitricki: Mr. Dyrhaug in reading your report it seems to be in conflict with what’s showing here as to what’s on the report. It says 30 days (tape switched sides)
Mr. Dyrhaug: That was initially put on the Agenda the reports were not the correct one. I did bring with me the updated reports that I can distribute to you. So the report that was first put up on the company web was one that was from a couple of months ago and so it wasn’t the up to date draft version of the ordinance and it wasn’t the up to date staff report – but these have been handed to you now in case you didn’t get on there after the correct version had been posted on the company web.
Mayor: Okay I think Mr. Zitricki still has the floor – oh okay – Mr. Larson
Mr. Larson: Is the time extension the only circumstance that would come under the extending circumstances section. I guess I was just thinking of some strange scenario maybe somebody had a two car long driveway and there wasn’t room for the container to be on the driveway and still their cars fit.
Mr. Dyrhaug: The ordinance that’s being proposed right now only grants an extension to the time length it doesn’t do anything else to permit them to locate it elsewhere other than the driveway.
Mayor: Okay anyone else. Well of course I have something to say about this. Same thing I said about it before. I think I’d asked you before to determine and perhaps we got an answer at the last meeting when we discussed this. Would not our street parking ordinance prohibit these things from being placed on the street. We can ask the Assistant Police Chief – were you able to determine that Mr. Dyrhaug or did you – the ordinance that we have against parking in the street wouldn’t that apply to these PODS. (Can’t hear what Captain Abercrombie’s response was)
Mr. Holmes: Well Mr. Mayor I think your parking ordinance says you can’t stop, stand or park a motor vehicle
Mayor: So it would not apply to street parking
Mr. Holmes: It’s not a motor vehicle so it wouldn’t be parked, but it would prohibit the free flow of traffic so the police could regulate it simply because it impedes traffic.
Mayor: Mr. Abercrombie do you think it would be likely that if one of these were parked in the street that you would take some action.
Captain Abercrombie: If it presented a problem or danger or hinderance to the flow of traffic, yes sir.
Mayor: Okay – well you know they’re big white boxes and they’re not the prettiest thing in the world but I just think we’re stepping over the line when we start telling people what they can do about temporary storage and things that they use – the example that I gave at the last meeting was if someone wants to do some construction on the interior of the house and they need to store their furniture – they park one of these things there to put their furniture in it for however long the construction takes – I think 14 days is not long enough – I never thought I would say this but I actually agree with somebody in New Jersey – I look at this list here and lower New Jersey has an ordinance says the time limit is 90 days and the replacement requirements are none. It would seem to me if we were going to do this that both of those would be a more fair way to govern these things and I hate to use the term govern when it comes to something as simple as a storage – temporary storage box. If I were able to make a motion to amend this motion I would make a motion to amend the motion that we use 90 days and no limitations about where they can park them in their yard since it is a temporary parking arrangement. And that is a little of a lot that I’d like to say. Anyone else have any – Mr. Larson
Mr. Larson: I agree with that like if you were redoing remodeling and you had your furniture stored there 14 days wouldn’t be long enough but wouldn’t the time extension come into effect for the administrator to extend that
Mayor: It certainly would but why do we want people to come to City Hall and beg for permission to park something out there to put their furniture in temporarily during a construction project. You’ve got construction vehicles there any way and as long as they’re not breaking any laws regarding blocking the street sure they’re ugly but we all have to put up with a little ugliness every once in a while to put up with our neighbors. I just I’m sorry but it just goes against everything – every philosophical idea that I have about government. That’s my opinion. Anyone else have any opinions. Mr. Garrett
Mr. Garrett: Does this cover businesses as well as residential – anything inside the City or what – everything.
Mr. Dyrhaug: The intent was to direct this to residential properties. Businesses are generally already regulated through another section of our zoning ordinance that requires screening standards.
Mr. Holmes: That may actually apply to a construction trailer moved on site. It could potentially apply to a trailer that you deliver materials to – the contractors will some times use to secure their equipment and some materials while they’re under construction because it’s an on-site storage container. Unless you restrict the impact of these changes to residential.
Mr. Dyrhaug: That’s the type of activity to that would be able to get a time extension as is written in the proposed text amendment
Mayor: How do you know that – how do you know they can get an extension
Mr. Dyrhaug: It says in here
Mayor: Can you guarantee that they will get an extension
Mr. Dyrhaug: If reasonable need is demonstrated the Planning Director may issue a time extension that would allow the container to remain on the driveway for a maximum of 30 consecutive days. For the purposes of this section reasonable need shall mean temporary circumstances that warrant the need for additional on-site storage including but not limited to damage or destruction to the primary structure, remodeling, renovation, construction or relocation.
Mayor: Okay – anyone else have anything else they want to say. All right Mr. Larson
Mr. Larson: So how is this going to affect say a subdivision going in where they’re going to have construction trailers on site for 6 months if they can only get one extension.
Mr. Dyrhaug: This – this doesn’t necessarily affect that any different than how those are treated right now. I think we’re of the understanding right now that we wouldn’t require any type of screening or buffering of those type of activities even though from a technicality standpoint if we read in another section of the zoning ordinance technically those types of properties would require a screening of any materials that they put out there and we clearly don’t apply it in that situation. I think we would establish here as well that it’s not our intent to apply that in the same situation.
Mr. Larson: Well I’d like to ask Mr. Holmes is there a need to maybe restrict this to residential and exclude commercial properties from it. I definitely have seen homes where this is being abused where people park one of those PODS are whatever right there for long-term storage, like a shed and it’s right in their front yard on their driveway but I think that’s a lot different than a construction site. |