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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 January 8, 2008 6:30 P.M.
CALL TO ORDER: Mayor: Call the January meeting of Simpsonville City Council to order. I’d like to welcome all of you here tonight and I’d like to welcome our two new members of council tonight. For those of you who may not know Ms. Patty Sanders and Mr. George Curtis are joining us tonight for the first time. So we’ll try to break them in and it ought to be fun to watch. Thank you all for coming. Ms. Bodkins would you call the roll please.
ROLL CALL: Ms. Bodkins: Yes sir: Councilmember Bridges: Absent Councilmember Garrett: Here Councilmember Sanders: Here Councilmember Bagwell: Here Councilmember Curtis: Here Councilmember Larson: Here Mayor Waldrop: Here
INVOCATION Mayor: Ms. Bagwell would you ask blessings upon this meeting in your own personal way please.
PLEDGE OF ALLEGIANCE Mayor: Would you join us now in the Pledge of Allegiance to the Flag please.
APPROVAL OF MINUTES OF 12/11/07 Mayor: All right, council members you have in your packet the minutes of the December 11, 2007 meeting. It seems so long ago. I’ll entertain a motion in that regard. Ms. Bagwell.
Ms. Bagwell: I move that we approve the minutes of the December 11, 2007 meeting.
Mayor: Thank you Ms. Bagwell do I hear a second.
Ms. Sanders: Second
Mayor: Ms. Sanders seconds. Thank you Ms. Sanders. Any discussions, corrections or additions. All right hearing none I’ll call for the vote. All those in favor signify by saying Aye (AYE) opposed no. Aye’s have it it’s unanimous and the minutes are adopted. REVIEW OF MONTHLY REPORTS Mayor: I’m sure you’ve all reviewed the monthly reports that our fine staff provides to us and I’m sure if you have anything to say about that when we get to the Council Comments portion of the Agenda you can say what you will. But thank you for providing those for us.
CITIZEN COMMENTS Mayor: This is the portion of our meeting where we invite citizen comments. If you call ahead and ask to be placed on the Agenda we’ll give you 4 minutes to speak. This is our business meeting so we won’t be responding to you but we’ll be happy to hear anything that you have to say. If you signed up at the door, the same rules apply but we’ll allow you only 2 minutes. So we didn’t have anybody on the Agenda this week so we’ll go right to the sign ups and it looks like Mr. Mark Holmes, that names sounds familiar. Mr. Holmes if you’ll give your name for the record sir. • Mark Holmes – 300 E. McBee Ave. Greenville , SC I certainly welcome the new council members as well, glad to have you here. I’ll be available to answer any questions on the Heritage Crest Development when it comes up on the Agenda, but I really wanted to thank the Mayor and some of the current members of council and some of the prior ones, who last month sent that item back to the Planning Commission. We’re very glad you did that it allowed us to tidy up documents and get the Statement of Intent and the Development Plan including all the things we understand City Staff want. It allowed Mr. Dyrhaug to write a very new and very clear staff report and it let the Planning Commission look at this and all the revisions that have been made at one time – look at it and they unanimously approved it. So we’re glad that that happened, and certainly glad to have it back before council. Thank you.
Mayor: Thank you. All right, I believe that’s all that we had signed up tonight.
Ms. Bodkins: Yes sir.
Mayor: Thank you Ms. Bodkins.
CITY ADMINISTRATOR’S REPORT Mayor: All right. Next item on the Agenda is the City Administrator’s Report. Mr. Hawes what say you.
Mr. Hawes: Yes sir Mayor and Council, normally I read to you verbatim the City Administrator’s Report but we’re unable to access it on the on-line right now from the computer and it’s not in the hard packet that I’ve got. So I’m just going to go – basically I wrote it so I know basically what’s in there. So if you have questions beyond what I cover right now without the prompt of reading it
Mayor: Well you’re still a young fellow you can remember all that stuff.
Mr. Hawes: Well I may not remember every aspect of it. But I know the first item was the Hunters Woods sewer improvement project. That project is nearing its completion right now. It’s about two weeks away from completion. There had been a number of questions about the status of the roads – of the road itself where the work was done, the temporary patching that had been done and so forth and our Public Works Director, Joe Carter went out there recently and inspected with our inspector the work that has been done. And what has been done so far is basically because they’re working – the contractor is working to do the individual service connections. They basically have dug that and filled that back in with dirt and gravel. They haven’t cold patched it or set the patches that are going to be in effect when they leave the project until they return to do the full resurfacing of the road in the spring. So within the next two weeks, likely next week they will cold patch all the rough areas that have been dug into the road and do a temporary patch that is much more substantive than the temporary patches that they have right now. What they have now are not even patched, they’re just filled and that’s the difference. But we have talked with the contractor and they’ll be doing that as soon as they can. They actually have to leave it in the condition it is right now because we may need to re-access those service connections. SO that’s a quick up-date on that particular project.
The amphitheater construction has gone to bid. We’ve got a bid date of the 22 nd which will be opened right here at City Council Chambers on the 22 nd . We had a pre-bid meeting with the contractors that are interested in bidding on the project and we had a very good positive conversation with a number of those perspective bidders. So we think that we’ve got hopefully a real good project that will be underway. We’re shooting for February 1 for construction start on that project.
And a number of other items with regard to the Heritage Park work – we’re also working on some possibilities of getting the electrical connections through the parking lots underground with conduit. We’re working with a couple of entities there. I’ll give you an update on that as soon as we have something more specific.
We also are in the process of acquiring the trees for the Palmetto Pride Grant that we received with Heritage Park . With the amphitheater 38 trees will be acquired. We’re going to be taking delivery on those very soon and that will really improve the aesthetics and make some shady spots in the amphitheater where there currently aren’t shady spots so that will be a really positive improvement and really improve the aesthetic there and functionality with regard to cooling. So – and Mr. Holmes has pulled up my report so – I think I covered just about everything other than the annual strategic planning retreat and that is scheduled for February 2 nd at the Senior and Activity Center on Curtis Street. I would ask that if you have any topics for discussion please get them to me in the next week or two so that we can get those on the Agenda for the process. This discussion and process retreat will guide the staff and facilitator focus and budget for the coming year. And I’ll be glad to take any comments from Council during Council Comments or right now.
COUNCIL COMMENTS Mayor: All right I highly recommend that we take care of that during Council Comments. So – thank you Mr. Hawes for a good report. Now we’ll go to Council Comments. Anyone have – Ms. Bagwell
Ms. Bagwell: I just wanted to know what the status was of the situation that occurred in Westwood where the backyard got flooded where we’re putting in the new – we – not we – where the new subdivision is being put in and the yard was flooded.
Mr. Hawes: Yes – that has been turned over to DHEC. They sent an inspector from the Regional Office of the Department of Health and Environmental Control to that location. Inspected the installation of the storm water management devices. The piping and so forth on the property and to determine if there were anything that was counter to what DHEC had approved in the plan. We have not received their final report back.
Ms. Bagwell: What will – do you know what will happen if everything was done as DHEC had approved and it’s still that way.
Mr. Hawes: If it’s DHEC approved then it’s really between the property owner and whatever recourse they want to take. It’s up to the property owner – it’s entirely out of the City’s hand if DHEC approved it and DHEC still approves of the way it was installed.
Ms. Bagwell: The other question I had – actually I have two more questions. One is the situation – the exit ramp at Fairview Road have you heard anything back from DOT on that?
Mr. Hawes: I’m not aware of anything further on that. The Police Chief and the Public Works Director are shaking their heads so –
Ms. Bagwell: Would you please just check into that and give us an update at the next meeting.
Mr. Hawes: Yeah – I’ve called him 3 times on it and each time he has indicated that they’re working on it.
Ms. Bagwell: Okay – and then the last question I have is there is a place on Hunters Hill Drive – since there has been so much traffic through in that area that’s needing repairs – I think I sent you an e-mail – I don’t know if you got it or not.
Mr. Hawes: I got it and we looked at that situation and we will patch or re-dig areas and patch if it’s alligatoring or so forth from the heavier traffic on a specific road. I know that Joe looked at that specific area – did we re-patch that area Joe or
Mr. Carter: We had a patch truck out in that area working today but I don’t know if we got that particular one – but we were in that area
Ms. Bagwell: Okay – very good. Thank you very much.
Mayor: Okay, thank you Ms. Bagwell. Anyone else. Mr. Larson
Mr. Larson: I was going to ask you about Hunters Woods Drive the sewer – is – you said they’re just going to patch the ditch that they’re in right now and not repave the whole street until the spring.
Mr. Hawes: That’s correct
Mr. Larson: Okay – and then what about with Davenport Road – how’s that project
Mr. Hawes: That project is in the preliminary engineering phase right now. In the hands of Co-Transco which is the C funds committee assigned administrator for that particular project.
Mr. Larson: All right and what about the rest of the roads that were on the paving list – how are we coming on those
Mr. Hawes: We’re complete with those.
Mr.Larson: Very good
Mayor: Okay – anyone else – Mr. Curtis
Mr. Curtis: I have a question about the Hunters Woods Sewer – as Mr. Hawes knows I spoke with him earlier this week – there were a couple of issues I had – one was with the quality of the fill that had been done out in that area and the other was with screening that has been removed from the area. Did the contractor – I’d like for you to characterize the tone the contractor took about both the patch work and that screening.
Mr. Hawes: I can’t speak to the tone because I was not there, but my understanding is that the contractor will fully replace whatever damage the contractor did on any private property as a result of the work done on site.
Mr. Curtis: And I assume that we have not or will not render final payment until we have some type of an inspection of that property and are comfortable with it ourselves.
Mr. Hawes: On any City project it is that way. We do not issue final payment until we have final inspection that is satisfactory.
Mr. Curtis: That’s all I have. Thank you.
Mayor: Anyone else. Mr. Garrett – was that a – do you want to leave or was that a –
Mr. Garrett: Streetscape – how about give me an update on that will you.
Mr. Hawes: Duke Power will begin pulling their wires through our underground conduit system next week is what they’ve indicated to us. They’re about 30 days behind where they had originally said they would be but this week they indicated they would do it next week so. Then as soon as Duke Power has done their work Verizon and the Cable company will follow. From that point the City will begin Phase II of the project which involves placing the medians and doing the changes to the channelization of traffic as a result of that as well as placing the mast arms. We’ve already hired a contractor for placement of the mast arms.
Mr. Garrett: I notice that the sidewalks have been cut in front of the Methodist Church on down to the Veteran’s Monument so that will be – that will be the next phase – that will be coming along –
Mr. Hawes: That is an extension of the project beyond the original project scoped to carry on the appearance with the brick work in the sidewalk all the way down to the monument to the Veteran’s Monument and to eventually tie into an extension of the Veteran’s Walk-way that will lead into downtown that Mr. Kirven, Chairman of the County Council has graciously contributed from his discretionary fund toward. So, the sidewalk work that you see – the cuts are specifically for the removal of that concrete for the placement with the brick work so that it matches the rest of the downtown streetscape project and completes a coherent connection. Now the utilities in that area are not going underground. They’re only going underground from Trade to College. And the reason for that is Duke Power’s 3 phasing of their utilities through there made it cost prohibitive – exceptionally cost prohibitive to place them underground. Even the City of Greenville when they were dealing with Duke Power they determined that they could not do 3 phasing underground.
Mayor: Okay thank you Mr. Garrett. Anyone else. Okay. All right, thanks to council for all of their comments and thank you for your fine answers Mr. Hawes. Ms. Bagwell I believe you wanted to make a Motion.
Ms. Bagwell: Yes I’d like to Amend – I’d like to make a motion that we amend the Agenda to nominate a Mayor pro tempore.
Ms. Sanders: Second
Mayor: Okay I have a motion and a second to amend the Agenda to take care of something that we are obligated to per our book of ordinances and we just overlooked it when we were making out the Agenda so – any discussion about that. Okay hearing none I’ll call for the vote – all in favor signify by saying Aye (AYE) opposed No. Aye’s have it the Agenda is amended. And I will open the floor for nominations for Mayor pro tempore. Ms. Bagwell
Ms. Bagwell: I would like to make a motion or I would like to nominate maybe I should say Ron Bridges as Mayor pro tempore for the upcoming term although he is absent – in his absence.
Mayor: And another mistake I meant to say earlier in the meeting when you were calling the roll Ms. Bodkins, that he had notified me a couple of weeks ago that he would be out of town at this meeting tonight, so I apologize for that. Do I hear a second to that nomination.
Mr. Garrett: Second
Mayor: Mr. Garrett seconds. Any other nominations. All right hearing no other nominations I’ll declare the nominations closed. All in favor of Mr. Ron Bridges as Mayor pro tempore for the next two years signify by saying Aye (AYE) opposed No. Aye’s have it it’s unanimous and he’ll be happy to know when he gets back that when you leave you get appointed to something. All right thank you very much Ms. Bagwell.
RETIREMENT RECOGNITION OF “MAGGIE” Mayor: All right next on the Agenda is Captain (laughter) Chief Reece – there wasn’t any secret message in there – Chief Reece. I think you have a presentation to make.
Chief Reece: Mr. Mayor if you’ll give me just one second before I make this presentation I’d like to bring you all up to date on the events yesterday – are you saying I’m short (laughter as microphone is lowered). I’m sure you all know yesterday around lunch time we had an armed robbery at Community One Federal Credit Union up on Main Street right at lunch time. The officers got the call and I had just left City Hall here – we were on the scene within 1 minute of that armed robbery. And I’m happy to report to you tonight that we’ve been working on it all day and 24 hours later we have two suspects an Alexis Greer and a Andrea McDaniel. I have copies of two warrants in my hand so I hope before some of the detectives lay their heads down tonight those two fine outstanding gentlemen will find their selves in jail. So I just want to publicly congratulate the investigators and I know they’re not here but that’s an outstanding job from looking at a video – those guys came in armed and had masks on and just some outstanding detective work that quick to get those folks put in jail.
Mayor: Well thank you for the report and I think we would all agree that was great work so thank them on our behalf to.
Chief Reece: Okay. And if I could get Officer Rushing to bring Officer Maggie up.
Mr. Holmes: Mayor if the record could just reflect that Maggie alerted on Mark Holmes (laughter).
Mayor: We call that our attorney attack dog. (More laughter) see she’s coming after you now.
Chief Reece: And looking hard at the City Attorney. (Maggie barks) Mr. Mayor and members of council this is a kind of a somber moment for us. I look forward to one person’s retirement from that Police Department and that person being me. But tonight that’s not the case. I would like to read this plaque though for Officer Maggie. It says – Best wishes on your retirement Officer Maggie. In appreciation to the countless hours and dedicated service to the Simpsonville Police Department, we thank you.” And her dates of service are 4/23/02 until 12/11/07. She actually retired on the 11 th but due to some scheduling conflicts we couldn’t get her here before tonight. She – I know you can look back there at Brent’s family – she will move into her retirement and her gentler years in I know a loving family. We would ask that you give us permission to give Maggie to Brent. He’s been her handler for four years. He lives with her day in and day out and the family of those kids sitting back there have become accustomed to her and attached to her. So we congratulate her on her retirement and I would ask you for permission for me to give Maggie to Officer Rushing.
Mayor: Great. Well I don’t think we’ll need to amend the Agenda since this item is somewhat on the Agenda so I’ll entertain a motion for a Resolution, I believe Mr. Parliamentarian a Resolution to allow that to happen.
Mr. Holmes: Yes sir. That will do it.
Mr. Larson: I’ll make that motion. I’d like to make that motion that we give Maggie to Brent’s family.
Ms. Bagwell: Second
Mayor: Okay thank you and I have a second from Ms. Bagwell. So is there any discussion. I didn’t think so. All in favor signify by saying Aye (AYE) opposed no. Aye’s have it it’s unanimous. Thank you and thank Maggie.
Officer Rushing: I thank you for the opportunity to handle Maggie and thank you all for letting me have her. She’s part of the family from now on.
Mayor: Well bring her back to see us every once in a while. (Applause for Maggie) Now is this her whole family back there – friends and family. Well that’s what I was asking – that whole section – she’s got more friends than I do. She’s never been in politics has she.
NEW BUSINESS • Heritage Park Ballfields Mayor: Mr. Hawes your going to talk to us about some ball fields.
Mr. Hawes: Yes sir Mayor and Council back in August of this past year City Council took action regarding the Heritage Park Ball Fields to convert some to what they call skinned fields from the grass covered in-fields that they currently have. In speaking with you and some other council members I basically ascertained that there may be some sentiment to revisit this issue and basically that’s why it’s on here. If anybody on Council would like to revisit this issue it certainly could happen.
Mayor: Okay. Well I think we need to maybe give Mr. Davis a definitive answer on this. As County Council is demonstrating tonight, I’m surprised without Chairman of the Tree Committee, they’re demonstrating tonight that they can go back and change their minds perhaps we can change ours about grass. So does anybody have enough feeling about that to make a motion in this regard. Mr. Garrett
Mr. Garrett: I make a motion that we leave the ball fields at Heritage Park as is.
Mayor: Okay I have a motion do I hear a second
Mr. Curtis:` Second
Mayor: Mr. Curtis seconds. Any discussion on that. Well I’ll just say Robbie that – well here let me say the right thing. I have actually had and I think I’ve said this to you – a few and I’m not saying that there’s been 20 but probably more than 5 parents and coaches have said to me since that time that they really don’t want to lose all the grass in-fields. So, I’m renigging on you Robbie. I think we need to hold on to those grass in-fields that we have left and that’s why I’m going to vote against you this time. I’ll make it up to you – I’ll give you a sandwich one day or something. Okay anyone else have any comments. Mr. Larson
Mr. Larson: I just want to see if I was still reviewing the facts correctly. When we had this discussion before if we skin the fields that means that more girls softball teams could come and play but if I remember correctly the baseball players like the grass in-field and it seemed like we were pretty much booked up with just the baseball and what was available for softball is that correct.
Mr. Hawes: The skinned in-fields are designed more for softball but they can be used for baseball. The grass in-fields of which we have 3 out of the six that are currently there are multi-use and can be used for baseball and softball although softball prefers to use the skinned and the larger tournaments will use only skinned. I mean the more serious tournaments.
Mr. Larson: Well I’m like the Mayor I’ve had several people since we’ve had that discussion previously talk about that’s one of the charms of Heritage Park is having the grass in-fields. And a lot of the local players that have visited with the visiting teams – the visiting teams seemed to be impressed to that we have great grass in-fields for the baseball so I’m thinking at this point I’m not ready to skin any fields right now.
Mayor: Okay anyone else. All right, I’ll call for the vote. All in favor – and if your in favor this motion is not to skin the fields so if your in favor of this motion your voting no to buzz cutting. All right, so all in favor signify by saying Aye (AYE) opposed no. The Aye’s have it – grass it shall be. But who knows we could change our minds again Robbie. Thank you.
ANNEXATIONS/REZONINGS (Second Reading ) • AXZ-2007-06 Maldonado Properties Mayor: All right, next on the Agenda, Mr. Dyrhaug.
Mr. Dyrhaug: You can tell a quick funny joke if you want while I get this –
Mayor: A quick funny joke – what did he say
Mr. Hawes: A quick funny joke –
Mr. Dyrhaug: We’ve got time for a quick funny joke.
Mr. Hawes: How about that Queen Mother joke.
Mayor: The What
Mr. Hawes: The Queen Mother and the King Tut joke
Mayor: No I don’t think that will – that’s not even worthy of public exposure.
Mr. Hawes: Now that I’ve said it I better give the punch line or everybody will wonder what
Mayor: Yeah go ahead and give the punch line and then people will know why it’s not worthy
Mr. Hawes: That’s right. They’re both mummy.
Ms. Bagwell: And how old was your child that told you this joke.
Mayor: It was actually a grown man that I believe was trying to impress us. Okay Mr. Dyrhaug.
Mr. Dyrhaug: This is the portion of the meeting where I rack up my frequent flyer miles again. Next item we have is the second reading for AXZ-2007-06. This is a petition that was submitted to the City by the property owner of two parcels that are requesting annexation into the City. These two properties are approximately 17 acres and they are shown here on this map. They are right here in pink. This is Hammond Road that’s coming down here and intersecting with W. Georgia Road to give you an idea of exactly where we’re talking here. These properties are currently zoned RS in the County and the applicant’s requested that these properties be rezoned to Planned Development PD. Staff supports the approval of this petition for annexation and rezoning to PD and by a vote of 6-0 the Simpsonville Planning Commission has recommended to the City Council approval of the requested rezoning to PD.
Mayor: Okay thank you Mr. Dyrhaug. I’ll entertain a motion. Ms. Bagwell
Ms. Bagwell: I move that we accept the Planning Commission’s recommendation to accept AXZ-2007-06 the Maldonado properties into the City.
Mayor: Thank you Ms. Bagwell do I hear a second
Mr. Larson: Second
Mayor: Mr. Larson seconds. Any discussion. All right I will remind council that this is second and final reading, there will be no more. So all in favor signify by saying Aye (AYE) opposed no. The Aye’s have it it’s unanimous. Thank you Mr. Dyrhaug.
• Z-2007-04 Heritage Crest PD Mr. Dyrhaug: Next on the Agenda is another second reading. This is for Z-2007-04. This was an application that was submitted to the City requesting rezoning from I-1 to PD. It’s approximately 162 acres. The applicant is presently planning a mixed residential – mixed use residential community known as Heritage Crest for this tract. And over the last couple of months the proposed development has evolved such as the proposed plans look a lot different from the Statement of Intent and Plan that was reviewed by the Planning Commission back in November. So in December the City Council had voted to refer this project back to the Planning Commission for their review. And Planning Commission did reaffirm its recommendation for approval of this rezoning request by a vote of 5-0. But here’s where that property is located. It’s right next to Heritage Park and just to remind and fill in some people on what this development will entail – it will include up to 300 townhouse units, 415 single family lots. They have approximately 25 acres of land that they are working to donate to the City for use as a parking facility associated with Heritage Park and the applicant will proceed in two phases for this development. Staff endorses these changes that have been made and if you have any questions I do believe we have an authorized representative here tonight as well who can answer question in addition to I.
Mayor: Okay, so it’s the recommendation of the Planning Commission –
Mr. Dyrhaug: Their recommendation was by a vote of 5-0 to recommend approval of the rezoning so we can proceed with second reading here tonight.
Mayor: All right, thank you David. All right, I’ll entertain a motion in that regard. Mr. Larson.
Mr. Larson: I’ll make a motion that we approve Z-2007-04 as recommended by the Planning Commission.
Mayor: Thank you Mr. Larson do I hear a second.
Ms. Bagwell: Second
Mayor: Ms. Bagwell seconds. Discussion, questions or whatever. Okay Mr. Curtis go ahead. Mr. Curtis
Mr. Curtis: All right. I understand that when you reviewed this property and decided that changing the zoning would not be inappropriate based on the type of things that are around it including Heritage Park . I’m wondering about having residential property so close to an amphitheater that we intend to have concert events at and have noise issues with quite possibly. Was that looked at reviewed – what was the – what came back on that. How do we decide that the amphitheater is not going to have homeowner’s sitting in our audience out here upset that Freedom Weekend and any other event that we bring may be too loud and run too long.
Mayor: All right perhaps you but I think Mr. Hawes can address some of that to because of a lot of us have been in conversations with these folks.
Mr. Hawes: Well certainly there is a buffer of trees that will be left. There is some separation from the Heritage Park property not just by that buffer but also a parking lot that will be adjacent to the property. And then another 50 feet of right-of-way that exists between the property and the Glenda Jones property or the developed area with the Glenda Jones property. Also, the City is placing trees within the amphitheater as result of the grant that we talked about that. Beyond that – beyond just the environmental foliage type techniques for controlling ambient noise there or noise beyond the constraints of the amphitheater itself we’re working with sound engineers on ways to direct the noise within the amphitheater – possibly have delayed speaker mechanism so that we can keep the volume down but still have it the way speakers would be – extra speakers would be out in the audience that are delayed based on the speed of sound. So we’re looking at all those items and we’re working with a consultant on that currently. Also the amphitheater would predispose the location of someone to this particular subdivision so when they come in they’re going to be aware and we believe very strongly that people will locate there for the very reason that the amphitheater is there and that the amenity of Heritage Park is so close by. We’ve seen that as the location of Heritage Pointe and Heritage Creek, which are directly adjacent to Heritage Park right now. Folks are locating there and it’s one of the hottest places in Greenville County right now with full knowledge that this is a multi-purpose park that will have activities well into the night but it is an amenity that people want to have close by. So that’s my interpretation of your question.
Mayor: Well I’d like to ask Mr. Holmes now to maybe give us the developers perspective as to what actions you intend to take and how you see the effect of the park on your project and your project on the park.
Mr. Holmes: I think Mr. Hawes is completely correct and the City is doing a lot of things that will help and the developer can do some things in terms of leaving trees as a buffer. But, the developers believe there’s a lot of new home construction in the Simpsonville area, in the City and outside the City and most of those new areas are not near the park – so someone who has a concern about that certainly has many other options and the developers really feel like this will be a tremendous amenity and that there will be a lot of people who will choose this area simply because the park is there. It’s I guess in one sense you look at for example the new condominiums downtown near the baseball stadium. There is a pool of people who would like to live there. Many people would not but it’s something that’s obvious and it’s there and there are a lot of people who want that sort of thing right near by. So we think that there’s a pool of people who wouldn’t want to live right near the park and then there’s we hope a large pool that would.
Mr. Curtis: Could I follow up on that
Mayor: You still have the floor
Mr. Curtis: All right then you mentioned there are people who would be interested in it – I completely agree I think there’s a lot of folks who are going to feel like that’s a great amenity and something they’re going to be interested in. However, I’m still looking to protect those people who may not realize what they’re getting in to. Is there going to be any type of notification given to people purchasing property there – will there be any type of branding on the deed, anything of that nature that indicates to them that they’re locating in an area where they’re accepting that they’re locating in an area where sound may be issued at times late at night.
Mr. Holmes: Certainly I don’t think there will be anything in the deed but I think when real estate agents are marketing this property I mean that’s something that they would I would expect would disclose and I think it is such a selling point that I think it’s – would be fairly clear to me that anyone marketing properties in this area would be affirmatively telling people this is what you have next to you – it’s a good point not a downside.
Mr. Curtis: That’s all I have
Mayor: Okay – Mr. Larson
Mr. Larson: Excuse me. I would like to just reaffirm what Mr. Hawes said. I spoke to probably 30 people during and right after Freedom Weekend Aloft that lived in Powderhorn and the adjoining neighborhoods and I bet out of 30-35 people I had one lady who said the noise bothered her dog on one occasion. But everybody else they loved it. You know they would get outside and get on their deck and on their patios and listen to the music and watch the balloons come over and I think that’s going to be a draw for this whole development is to tie into that Heritage Park and I can’t imagine someone seeing that nice big amphitheater and not thinking well there’s going to be some concerts there on occasion. So – my other question was once this is built out where you’ve got the single family, the townhomes the apartments and say it’s fully populated – about how many families will be living in that area.
Mr. Holmes: The development plan calls for a total of 715 units maximum and again marketing conditions and topography there could be somewhat fewer than that but there won’t be more than that under the Planned Development. So some of those are townhouses and some are single family – detached houses. And actually the part of the development that is in Phase I and is currently being approved tonight only contains about 575 total units. The additional phase that you see on the concept plan there – some of that is conceptually located on property that is not in the City yet but hopefully will be annexed in shortly. That will be the part to the south below the dark line. That area there is not a part of this request because it has not been annexed in.
Mr. Larson: I guess my question was leading up to if – I know you were talking about trying to have some access off of Howard Drive and also maybe get a right-of-way from ParaChem but if those didn’t take place and the Main Street entrance was the only entrance to the whole development is that going to be adequate to handle that number of – amount of traffic on a daily basis.
Mr. Holmes: Well there is again 575 units approximately in this phase. The developers have what they feel are good agreements with the property owner here and with the property owner down here to acquire this property and to allow a road to be built down here that would connect and line up with the existing traffic light at Harrison Bridge. Of course that would also involve additional homes beyond the 575 up to 715. So when those are done that access would be added. And there would appear to be the ability to add that access even if the Phase II of the development is not already been undertaken. There are a number of kind of back and forth things with the property owner there and including the buffer area that you see in this location here, which will be a buffer area that does not have anything in it – buffering against the industrial zoning. And part of that process is what we feel is a soon to be permanent agreement to allow this road to be constructed down to Hwy 14. So that
Mr. Larson: So then you would have two entrances off of 14.
Mr. Holmes: Correct. And that certainly is the plan and we believe that that road will be able to be constructed even if the additional residences don’t go in in Phase II
Mr. Larson: There’s a possibility of being able to go out on Howard Drive also.
Mr. Holmes: Well – that’s a long-term – well it could be a short-term or long-term possibility. The owner of this property here has not been able to reach any agreement about a road coming from here out to Howard Drive . However, the development plan does and our Statement of Intent does indicate that provisions will be made to allow a road connection to Howard Drive across the corner of this property if that ever can be done. So there’s a possibility of 3 entrances.
Mr. Larson: Okay – I’m done
Mayor: Okay – anyone else. Did you have something. All right. Okay – hearing no further discussion I’ll remind council this is second and final reading and I’ll call for the vote. All in favor signify by saying Aye (AYE) opposed No. Aye’s have it it’s unanimous.
ANNEXATIONS/REZONINGS (First Readings ) • AXZ-2007-07 – Sapna & Nisha Property Mayor: All right Mr. Dyrhaug you can just keep standing up there. Lead us through this Sapna Nisha
Mr. Dyrhaug: Next item is – this is first reading for AXZ-2007-07 and this agenda item represents a petition that was submitted to the City wherein the property owners requested annexation and rezoning of their property. The property is just over 2 acres in size and on this map here shaded in pink – this is on the bend of Grandview Drive right before it intersects with Harrison Bridge Road . Here is Lowe’s up here to give you a landmark. The property is currently zoned C-3 and they are requesting that they be rezoned to C-2. The applicant has plans to develop this property with a Comfort Suites Hotel. Staff supports approval of the petition for this annexation and rezoning and by a vote of 6-0 the Simpsonville Planning Commission has voted to recommend to City Council approval of the requested rezoning to C-2.
Mayor: All right, I’ll entertain a motion in that regard.
Mr. Larson: I’ll make a motion that we approve the Zoning Commissions recommendation for AXZ-2007-07.
Mayor: Thank you Mr. Larson do I hear a second
Ms. Bagwell: Second
Mayor: Ms. Bagwell seconds. Discussion. All right, hearing none I’ll remind council this is the first of two readings and I’ll call for the vote. All in favor signify by saying Aye (AYE) opposed no. Aye’s have it it’s unanimous.
• SP-07-05 Patton Park PD Major Change to PD Mayor: Okay Mr. Dyrhaug SP-07-05
Mr. Dyrhaug: I just want to make a note on the Agenda it noted that this does not require a vote but I wanted to clarify that this item will require a vote. What this is is a request for a major change to a Planned Development that was previously approved. I’ll back up this is item SP-07-05. This property was annexed into the City and rezoned to a Planned Development back in April 2006. It was called the Patton Park PD and the original Statement of Intent indicated in this section – I’ll go to it here – just to familiarize you with this project this is where the Blooms has been developed and this section right here the whole northern portion is the portion that we are talking about here tonight. But in the original Statement of Intent this northern portion called for an 87 unit residential community that would consist of single family homes and the applicant has since provided a revised statement which now indicates a mixed use development throughout that portion. The proposed mixed use development will consist of approximately 52,000 square feet of retail and they are proposing that all be located up here at the front of this tract along Neely Ferry Road. They are also proposing 30,000 square feet of office development that will be in this section here off of - the name of the road alludes me right now – Baldwin and then in the rear portion of the property they are proposing a multi-family residential community that would consist of approximately 288 units. The Simpsonville Planning Commission voted by a count of 6-0 to recommend to the City Council approval of the requested major changes and I can say that staff’s pretty enthusiastic as well about this request because of its nature as a mixed use development and the applicant and developers really have a high intent of making this pedestrian oriented and doing a great example of how we can do a mixed use pedestrian oriented development here in the City. And I think that would be a great move for the City to have in its jurisdiction that we can point to to other developers as an example of the way to do a development.
Mayor: All right Thank you Mr. Dyrhaug. I’ll entertain a motion in that regard. Mr. Larson
Mr. Larson: Okay I make a motion that we accept the Planning Commission’s recommendation for SP-07-05 Patton Park PD.
Mayor: Thank you Mr. Larson do I hear a second
Mr. Garrett: Second
Mayor: Thank you Mr. Garrett for that second. All right any discussion.
Mr. Larson: I had a question. Mr. Dyrhaug you said it’s going to be retail some office space and multi-family. Is there any single family residents.
Mr. Dyrhaug: There’s no single family residents proposed in this new development plan. They’ll have specialty retail stores that are proposed along in this area right here with maybe a couple of out parcels. And what they would like to do is create a boulevard affect with buildings close up to that road. It would really be a pedestrian oriented environment that office or folks who work at these offices could take advantage of as well as the residents in the multi-family portion of the development could take advantage of it and use it as a real amenity.
Mr. Larson: Okay
Mayor: Anyone else. Now Mr. Parliamentarian – do we just need one reading for this – just one reading. All right. So hearing no further discussion I’ll remind council this is the final reading and I’ll call for the vote. All in favor signify by saying Aye (AYE) opposed No. Aye’s have it it is unanimous.
TEXT AMENDMENTS (First Reading ) • TX-2007-04 Outdoor Storage Containers Mayor: Mr. Dyrhaug – well you’re still up. Text Amendments – Outdoor Storage Containers – that wouldn’t be PODS would they.
Mr. Dyrhaug: Not those things right. You’ve seen this before. Just to bring us all back up to speed here. Back in August of 2007 the Planning Commission addressed outdoor storage containers as an issue within the City. They specifically identified examples where Complaints were registered due to PODS trailer that had been sitting in front of a home for several months and they asked staff to examine the situation and to strengthen the City’s regulation pertaining to this type of issue. Staff recognizes that the use of PODS and other similar type storage containers is an up and coming concept for moving household goods, for storing things on your site and other related uses. But the Planning Commission expressed their desire that we avoid situations where these containers are used for on-site storage and remain on the property for an indefinite period of time and become less temporary as opposed to their temporary nature and status that we associate with them. As you may recall in November this was presented to you and at that meeting the council raised some issue pertaining to this amendment and since that time the Planning Commission went back and modified the proposed text amendment and would like to present it to you tonight for first reading. Just to briefly highlight what they’ve changed:
The Planning Commission has stricken all language from the proposed text amendment that pertained to the placement of these containers on one’s private property. So therefore this proposed text amendment no longer regulates where on one’s property a container may be placed. Next the previous text amendment placed a 14 day time limit on the length of time during which a POD may remain on a residential property and the Planning Commission went back and lengthened this time limitation to 45 days. In addition they also lengthened the time extension that can be issued to a property owner to 45 days as well. So in total a resident could potentially have the use of a temporary storage container on their property for up to 90 days.
The next modification they made was in response to the November City Council meeting where we had talked about would this be just residential or all properties and it was their intent all along that it would just be specific to residential properties but it was not specified in the ordinance so we’ve gone back and they’ve included language that specifies that these regulations are pertaining only to residential properties and lastly, one other issue that was raised at the November City Council meeting was how this proposed text amendment would affect active construction sites and therefore the Planning Commission has gone back and specifically exempted from these provisions the use of storage containers at sites where an active building permit has been issued. And at it’s last meeting by a vote of 5-1 the Simpsonville Planning Commission recommended approval of this text amendment TX-2007-04.
Mayor: Okay thank you Mr. Dyrhaug. I’ll entertain a motion. All right, hearing no motion we’ll take no action. Thank you Mr. Dyrhaug.
EXECUTIVE SESSION: • Contractual Matter Administration Department Mayor: All right next item on the Agenda is an Executive Session to address actually two contractual matters regarding the Administration Department and we may need to come out of Executive Session and take a vote. So I’ll entertain a motion.
Ms. Bagwell: I move that we go into Executive Session to discuss a contractual matter concerning the Administration Department.
Mayor: Thank you Ms. Bagwell – do I hear a second
Ms. Sanders: I second that motion
Mayor: Thank you Ms. Sanders. All in favor signify by saying Aye (AYE) opposed No. Aye’s have it it’s unanimous we are in Executive Session. We are in recess in Executive Session.
Mayor: Came out of Executive Session at 7:57 p.m. No action was taken. Would someone like to make a Motion. Ms. Bagwell
Ms. Bagwell: I would like to move that the City adopt as a project establishing a special account named Honor Flight Simpsonville and allow the City to act in a fiduciary capacity.
Mayor: Thank you Ms. Bagwell do I hear a second
Mr. Larson: Second
Mayor: Thank you Mr. Larson. Ms. Sanders is there something you would like to say
Ms. Sanders: As part of the Executive Committee for Honor Flight Simpsonville I will recuse myself from any discussion and the vote
Mayor: All right is there any discussion – hearing none I’ll call for the vote all those in favor signify by saying Aye (AYE) opposed No. Aye’s have it it is unanimously passed with Council Member Sanders recusing herself from the vote. Now I’ll entertain another motion.
ADJOURNMENT Ms. Sanders: I move we adjourn the meeting
Mr. Curtis: Second Mayor: All those in favor signify by saying Aye (AYE) Opposed No. Aye’s have it we are adjourned.
Respectfully submitted,
PAMELA J. BODKINS City Clerk |
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