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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 March 11, 2008 6:30 P.M.
CALL TO ORDER: Mayor: Call the March Business meeting of Simpsonville City Council to order. I’d like to welcome all of you here tonight. Let’s see Ms. Bodkins would you call the Roll so we may begin.
ROLL CALL: Ms. Bodkins: Yes sir: Councilmember Bridges: Here Councilmember Garrett: Here Councilmember Sanders: Here Councilmember Bagwell: Here Councilmember Curtis: Here Councilmember Larson: Here Mayor Waldrop: Here Thank you Ms. Bodkins
Ms. Bodkins: Yes sir.
INVOCATION Mayor: All right is there anyone here who would like to ask blessings on this meeting in your own special way. And you are.
Pastor Jack Bouyer
Mayor: Thank you Pastor Bouyer – go right ahead.
PLEDGE OF ALLEGIANCE Mayor: Will you all join us now in the Pledge of Allegiance to our Flag.
APPROVAL OF MINUTES OF 02/12/08 AND 02/26/08 Mayor: All right council members you have in your packet the Minutes of the February 12 th Business Meeting and the February 26 th Workshop Meeting. I’m sure you’ve all carefully reviewed these. I’ll entertain a motion in that regard.
Mr. Curtis: I make a motion that we accept the Minutes as written
Mayor: Thank you Mr. Curtis do I hear a second.
Mr. Larson: Second
Mayor: Thank you Mr. Larson. I have a motion and a second, any corrections, additions, questions, comments – anything. All right, hearing none, I’ll call for the vote. All in favor signify by saying Aye (AYE) opposed No. The Aye’s have it it’s unanimous. Those Minutes are approved and official.
REVIEW OF MONTHLY REPORTS Mayor: We have the monthly reports from the Department Heads. And once again I’d like to thank all of you for providing those for us and I’m sure everybody has either reviewed those or will review those and we appreciate you trying to keep us in the loop. We need all the help we can get. So thanks again for that.
CITIZEN COMMENTS Mayor: This is the portion of our program where we invited citizen comments. This is our Business Meeting so we will not enter into dialogue with you but will allow you to say whatever you need to say to us. If you called ahead and asked to be placed on the Agenda we’ll give you 3 minutes to speak to us. If you signed up at the door when you came in we’ll give you 2 minutes. But I’ll be generous with that as long as you’re saying nice things I’ll let you talk. So – first we had one person asked to be placed on the Agenda and that is Linda Curtis. Ms. Curtis if you’ll come forward and if you’ll just state your address for the record you may begin.
• Linda Curtis – 904 Willowbranch Drive Simpsonville – Business address 421 N. Main Street . I’m the owner of Antiques Unlimited and hopefully I assume that everyone on the council received my letter and I do want to profusely thank Mr. Curtis and Mr. Larson for your response and for your concern and comments. I greatly appreciate that. I do want to say that the train is a major issue for Simpsonville. It’s a major issue for the businesses that we are developing on N. Main Street , as well as the businesses that have been there for quite a few years. It’s a detriment to our businesses and we are all family-owned and operated businesses. We’re trying to build up that area. People I have heard have made comments – well you knew the train was there when you bought the property. Well you know it’s everyday life – I’m not McDonalds and I’m not Bi-Lo and I can’t afford a million dollars for a half acre piece of land. We wanted to stay in downtown Simpsonville – wouldn’t have moved if we didn’t have to. And this was our only option to be able to stay in downtown Simpsonville. We’re a major draw for people all over the Upstate and other areas. We attract a lot of business to downtown Simpsonville for other businesses and we would like consideration from the Council as far as the train, as far as how it affects our businesses with the tankers and the freight cars being parked on that section of the track to just sit there. It completely blocks the businesses – usually 2-3 hours during prime business time and it is affecting our business. People aren’t finding us – you can’t see our signage. And it’s going to take the City Council getting behind this issue and working with Cryovac and the train. I’m an individual – they could give a rip about me. They don’t want to hear from me. For 15 years people have been taking shots – a call will be placed here – a call will be placed there. But nothing formal has ever been done to my knowledge to try and get a committee together or get a force behind this issue to try to get it resolved. Our other main issue is safety. That train being parked there is a safety hazard for the Scarsdale and the Hillcrest crossings. There are yield signs there because you can’t put a stop sign because there’s not enough pavement on the N. Main side of the street for a car to stop and when those cars are parked there you have to stop dead on the tracks to look to make sure there’s no traffic coming. It does not meet safety standards as far as the railroad is concerned and I’m sure that the Railroad Safety Federation out of Atlanta is not aware of this because I don’t think it would be allowed to continue. But I want people to get together with the City behind us and have some type of formal meeting to come to an equitable solution that will work for all parties concerned. That’s what I’m looking for. And the other thing is the ability to have signage on N. Main Street for multi-businesses in that area. I don’t want just an Antiques Unlimited sign, because then you’d have 10 other people wanting just their sign and that’s not the way to solve the problem. I want a multi-business sign directing people across the tracks to our businesses that can be visibly seen. And those are the two big issues. And also would like to ask that the City really consider their liability for these tanker cars with the Graniteville situation that happened in the lower part of the state. It was on the news this morning that people are now looking at sewing the City. So you need to really consider the liability on that. Which I don’t know what it would be – but it seems like if its parked right there in the middle of town that you know you would have some type of liability – I don’t know. But those are my issues and I would greatly – I would greatly like for you all to consider that. I won’t be here for the workshop because I’ll be at the beach – yea – but I will be here for the workshop the following month in April. But if you’d like to contact me you have my numbers and you know what my business is. Thank you so much.
Mayor: Thank you for your comments. And I’m not going to break our rules by interacting but let’s just say I have a general announcement. We have been in touch with the Regional Manager for Carolina Piedmont Railway. In the conversation with him he indicated that he could see no reason why they couldn’t park their cars on up the track a couple of 100 yards in the area that’s behind the old – what I call the Harold Painter Used Car Lot. But that area up there. He promised to discuss it with his District Load Master, I think it was, and get back with us this week. And we should hear something back from him this week. And also as to the sign issue that was mentioned tonight – even though I’m not talking to you – the Chamber of Commerce has put together a committee and a series of meetings wherein they’re going to be working with the City to take another look at our sign ordinance to see if we can’t accomplish some things to help the merchants here on Main Street in particular. I’d just like to make that general comment. Thank you.
All right next is those who signed up and we’ll give you 2 minutes or so to say whatever you’d like to say and again we won’t enter into a conversation with you. First is David Roulepagh – how close was I
Mr. Roulepagh – Pretty close.
Mayor: Oh great. And if you’ll just state your address for the record you may begin.
• David Roulopaugh – 507 Sellwood Circle Simpsonville I’m very much concerned about the sale of alcohol out at Heritage Park and at the Amphitheater. And I’d like to speak to that issue. I personally believe that many of these issues are far deeper than what we think. They are spiritual. And I want to say tonight, while this is the first reading I pray that it doesn’t go beyond this first reading and that it will be killed in this first reading about selling alcohol at the Amphitheater at Heritage Park . I believe that if this is passed it will prove that there is more fear of the Gods of this culture than the Holy God of Heaven. And if it’s passed folks will be numbered among those whom Psalms 6:31 and Romans 3:18 declares there is no fear of God before their eyes. We live in a community that’s got a great spiritual heritage. I long to see it continued on. So tonight the choice is either the fear of the Gods of this culture, including man, or to choose the fear of God. The choice is as was years ago with Elijah either Bail or God. We can’t have both. The line is drawn here tonight in Simpsonville and whosoever is on the Lord’s side stand with God’s word, stand with God’s warning, stand with God’s righteousness in the law and if anyone refuses I’m burdened – it should be very much like those in the United States Senate in the days of Peter Marshall back in the 1940’s. There was a great crisis in the Congress and he stood to address the Congress as the Chaplain. He quoted from 1 st Kings 18 and Elijah and he quoted “If the Lord be God serve him – If Bail be God serve him”. And then he added “if you want to serve Bail go to Hell”. I don’t want us to do that here in Simpsonville. It’s a great place, I’m thankful for being here. And I trust you’ll consider that as you go through this first reading.
Mayor: Thank you. All right next is Pastor Jack Bouyer. And if you will give us your address for the record please we’ll let you begin.
• Pastor Jack Bouyer – 801 Powderhorn Road , Simpsonville I’d just like to speak to the issue of the alcohol at the amphitheater as well and encourage you along several lines of thinking. I would like to begin first of all, the primary problem with alcohol is moral issues as my brother just stated, but I would like to encourage you to realize that there’s a tremendous danger – while I understand that there were only 12 arrests made during the past and not all of them were alcohol – my concern is that while you control the consumption of alcohol and the things that go in the amphitheater – I’m sure that you probably can – but we cannot control our highways. And I myself was hit by a drunk driver on Fairview Road that killed him and almost killed me and it influences every single person who leaves there who drives a car that’s had any alcohol whatsoever. Not only that but if they can’t get enough where they’re at at the amphitheater it will just continue on going somewhere else for alcohol. But also it’s a terrible testimony for our City and I would like to tell you that with the growth that’s predicted for Simpsonville of some 50,000 people here in the next few years and we all know that’s the case. That if we don’t kind of heard the push for what I would just claim immorality and the bent toward thinking we have to give in to these types of things to make money then I think the children of the next generation will suffer greatly. Also, I’d like to speak to the issues of the problem that our City will face in raising money and affording the things like they feel like they have to have – these alcoholic beverages, in order to get certain groups to come or a symphony group or anyone else to come – you know at least wine or beer or things like this and I would have to say that I think if you will hold your ground firm that they will come anyway and that the money will be there and I think the strongest aspect of this whole thing is the family issue. That we protect our families and that we have family events – that we are known as a family culture here in Simpsonville. I believe – the last thing I’m going to say is that if you approve this I believe in the long-run 5 years from now you’ll say how did we get in this situation. It’s by error in judgment and I believe that good judgment comes from wisdom and wisdom comes from God and I do not believe he would direct us – and I would remind you also that Calvary Baptist Church of Simpsonville did a study about 4 years ago about the number of people who attend Church on Easter – it was found to our amazement that 60% of Simpsonville attends Church on Easter – isn’t that wonderful. Well I believe that if you took this vote on Sunday morning – Easter Sunday this would be voted down. And I appreciate and love every one of you and pray for you regularly and I really do and I really care for. I appreciate all your work. Thank you.
Mayor: Thank you. All right next is Tom Patterson – and Mr. Patterson if you’ll state your address for the record please you may begin.
• Tom Patterson – 303 Hunters Hill Road I’m here tonight concerned about this alcohol ordinance that you’re working towards at the amphitheater at Heritage Park . Heritage Park last year you brought in Weekend Aloft and you worked it out where you could have alcohol in the park. That was already passed before you considered us – that was already a cut deal. Now you’re trying to sneak it in on us again. Heritage Park was designed not to have alcohol at all so the council went along and you let it go through on the Weekend Aloft once year – now you’re trying to get it in every weekend or every month all the time. Where is our conscience in that. Now a truly born again Christian is not for alcohol. The Bible teaches that it’s a sin, it’s a disease and it causes so much damage to families. It just tears down the City the homes and it’s on and on and on. But it seems like all I can say is this is not the way to make revenue to pay the expense you’ve been putting out for the Heritage Park . There are other ways to do it and you have not considered the other ways. All you did was hire a department to manage the marketing. She’s not going to look at it the right way to look at it – she’s going to look at it on getting revenue – no matter how you do it. Why does it always have to end up with alcohol. I keep saying it and I’m going to keep saying it there’s a better way to get revenue to take care of your problems at the Heritage Park. Thank you for listening.
Mayor: Thank you sir. All right that concludes our Citizen Comments and we appreciate every one of those.
CITY ADMINISTRATOR’S REPORT Mayor: All right Mr. City Administrator you’ve got a report for us.
Mr. Hawes: Yes sir Mayor and Council I wanted to give you an update on some of the improvements at Heritage Park and things we have going on throughout the City. First of all I’m going to discuss the amphitheater. Construction on the caissons is nearing completion. If you’ve had the chance to drive out there you might have seen them. They’re drilled 16 feet into the ground – they actually extend out from the stage – because of that we were able to preserve virtually the entire stage with only the edges being demolished which is a real positive because we put a lot of blood, sweat and tears in building that stage so we’re glad to see that it’s still there through the construction. The demolition of parts of the stage was necessary to place these re-enforced concrete piers and they will bear the extreme loads of the 70’ structure and whatever is inside of it. The loading dock area which will accommodate two trucks in the loading dock – two full semi-tractor trailers in the loading dock and one up ramp down ramp truck – so three total will be ready for concrete in the next week. The back stage building which will have 6 dressing rooms, 3 offices, a dining area, kitchen and a number of other amenities there will – has been spec’d and will be built complete by May 20 th in time for Freedom Weekend Aloft. New restaurants – new restrooms beside the birm beside the amphitheater will be completed by May 20 th as well. We’ve begun the placement of new electrical lines and water lines underground both in the amphitheater and in the parking area of Heritage Park to serve vendors. The 58 new trees from the Forestry Grant that we received have arrived at the park and will be planted soon in the amphitheater and give a nice shade aspect that doesn’t currently exist out there.
With regard to the General Manager of the amphitheater she’s newly hired – Cindy Ogletree – she’s hit the ground running. She’s been attending construction meetings and has been focusing on getting word of the new venue out into the market place. She’s also assisted us in design aspects of the new construction, particularly from the operational view point. She is currently finishing up with what’s known as a tech pack on the venue to provide to perspective artists, agents and promoters.
The downtown streetscape project continues with the new mast arm traffic signals being placed this week. You may have seen them going up – they’re fluted nice black pole. Very stylish. Verizon crews on pulling cables to finish the underground utilities as well and crews have begun marking the planted median locations on Main Street as we begin the lane reconfiguration. We do expect to have the entire project completed by May 15 th .
Davenport Road – as you will remember at a previous council meeting we discussed applying to the Greenville Legislative Delegation Transportation Committee for funding to not only resurface but basically re-engineer Davenport Road and create a much safer and better road rather than the farm to market road that’s currently out there and deteriorating daily. That application to that committee was approved for the $900,000 project – we just received word on that and we’re real excited about that. We appreciate them very much. The City’s resurfacing funds of $150,000 each year allocated to this current year and to next year will be combined with the $600,000 C Fund grant to fund the project. The consultant will design and bid the project in the next few months with the hope that it may be underway this summer. So we’re excited about that time frame as well. That it could be underway that soon.
And the next meeting of City Council is March 25 th . I’d be glad to take any questions in your Council Comments session or otherwise.
COUNCIL COMMENTS Mayor: Thank you Mr. Hawes we’ll be glad to do that and I’m going to go first this time. I want to publicly thank Frank DeVita who is a representative from this Senate District on that Transportation Committee. He led the charge on this and gave a very convincing argument to the rest of the members of that Committee to help us with this. I think he knows the problems personally out on Davenport Road , so I know he’s not here tonight, but perhaps he’ll read these minutes and I’d like to thank him for that. All right council members any questions for our illustrious Administrator – Ms. Bagwell
Ms. Bagwell: First of all thank you for that update on Davenport Road because that excites me with it being over there in my area. Thank you I appreciate that. Secondly, I had spoken with you recently about the curbing on Hunters Hill – I’m sorry on Hunters Woods Drive – and the resurfacing. I just want to make sure that we contacted the contractor and that he understands that the curbing needs to be repaired and taken to a sizeable point to match what’s currently there and that it won’t be repaved until those things are done and that we won’t be releasing funds until we’ve looked to make sure that goods.
Mr. Hawes: Right. We have contacted the contractor and I spoke with Joe Carter just this afternoon about the order in which the paving would come versus the curbing and they are going to complete all the curb work before the paving. They’re raising the manhole covers in anticipation of the paving but they will not do the paving until after the curb work is done.
Ms. Bagwell: Okay – I’m sure you will make quite a few of my neighbors and me quite happy about that – Getting that repaved will be nice. One other thing I’d like to mention – I actually received an e-mail at 4:59 this evening so it was just directed to me but this person had called me yesterday. It was actually from a lady in the Westwood subdivision, Jeannie Bowers at 312 Sherondale Lane, Simpsonville, and she ask that I please read this to put it on record for her concerning the sale of alcohol – beer and wine at Heritage Park . She said
Tammy and other members of Simpsonville City Council – I have lived in Simpsonville for 35 years. During that time I have seen our town grow from a town that didn’t have even a major grocery store to having everything that we can imagine – just look at Fairview Road . We also have a great facility in Heritage Park . We attended Freedom Weekend Aloft last May and it was a first class event. Something that we can be proud of. We went every day and not one time did we see a problem because of beer and wine sales. We have spent thousands maybe millions of dollars on this facility. We spent 2 cents on every dollar every time we went out to eat here in town. This is quite an investment. Let’s bring big name concerts to town and allow alcohol sales at events at Heritage Park . Let’s show our visitors we can keep our town safe and still have a great concert venue. Let’s don’t waste our investment. Jeannie Bowers.
I read this simply because she did e-mail and she had actually called me yesterday and asked me if I would please read that if she e-mailed me. So that is one more citizens opinion.
Mayor: Thank you. Is that it. All right anyone else. Mr. Larson
Mr. Larson: Mr. Hawes I thought the streetscape is coming along very well. It looks like it’s really going to be nice but I noticed where they’ve got the right lane blocked off on N.E. Main Street . Some times during the day the traffic back up in the left hand lane if someone’s turning left at the light. I wondered if it would be possible to detour some of the traffic over around onto the actual Main Street – N. Main and come up past the clock tower.
Mr. Hawes: We’d be glad to take a look at that. I know it’s been backing up and Joe may be able to work a detour arrangement there. The thing is where you do a detour sometimes it backs up almost as bad if you don’t do a detour. But we can certainly take a look at that. We want to make it as convenient or as little inconvenience as possible. I know there’s some measure of inconvenience when you have construction.
Mr. Larson: And also I was going to ask about the amphitheater. Is all this going to be completed before Freedom Weekend Aloft.
Mr. Hawes: When you say all of that – that is a great way of putting it. Actually the full completion of this phase of the amphitheater project is by July 4 th but the usable portion of the stage and the stage for the purposes that Freedom Weekend Aloft needs it will be done in time for Freedom Weekend Aloft as well as the backstage building and the restroom facilities at the amphitheater.
Mr. Larson: So the construction won’t adversely affect Freedom Weekend Aloft.
Mr. Hawes: No – as a matter of fact they will demobilize to an extent and safe-up everything. It will still be under construction. You may see a crane sitting out there or something like that but no it won’t affect the actual experience.
Mr. Larson: Thank you
Mayor: I think I detect a little softening on your position. Anyone else. Mr. Garrett
Mr. Garrett: We all talk about Heritage Park but we have a Simpsonville City Park and the work that’s being done down there is really shaping up. I don’t know if Joe’s Department is doing it but new plantings and it’s really looking good.
Mr. Hawes: Well we definitely – we talk about Heritage Park a lot because it’s the new baby but I’ll tell you the grand old dam of Simpsonville is City Park and we want to make sure that she looks great all the time and is functional. As a matter of fact we’re looking at a grant to re-do the tennis courts right now. Because they’ve gotten a little thread bare so we’re moving in that direction.
Mr. Garrett: It’s coming along good.
Mayor: That park’s so old I think even Ed Brashier had something to do with that. But it is a great park. All right anyone else. All right hearing no more comments we’ll move right along.
RESOLUTIONS a. Building Permit Administrative Fee Mayor: Mr. Hawes you’re going to talk to us about a Building Permit Administrative Fee.
Mr. Hawes: Yes sir Mayor and Council at the previous workshop we discussed administration’s opinion basically that this fee that was enacted last year is best applied with a basically a cap of $10,000. The fee is ½% of the total project costs. What we’re recommending is that the administrative fee not exceed $10,000 and that’s what this Resolution would do.
Mayor: Okay – well I suppose you’re wanting us to take some action on this and that’s the reason it’s on the Agenda.
Mr. Hawes: I’d be glad to request that you take action on this resolution this evening.
Mayor: I’ll be happy to have a motion on the floor in that regard so that we can discuss it. Ms. Bagwell
Ms. Bagwell: I move that we make a Resolution to accept the Building Permit Administrative Fee as directed or requested by staff.
Mr. Larson: Second
Mayor: Thank you and Mr. Larson seconds. Thank you for the motion and second. Any discussion. Mr. Curtis
Mr. Curtis: Mr. Hawes, I believe last time when this came up I requested that we look at comparisons between what our fee structure is like and some comparable cities in the area. I’d like to hear what you have on that.
Mr. Hawes: There were no other cities that have the ½% total project cost administrative fee. However, Greenville and Greer have higher per $1,000 fees so that when you go up in the $500,000 to $1,000,000 range and up to $10,000,000 the fees are very similar with ours with this fee.
Mr. Curtis: So what you’re saying is this is a different structure for similar fees
Mr. Hawes: End result is very similar.
Mr. Curtis: Okay. That’s all.
Mayor: Okay – anyone else. All right and this is just a resolution concerning City Policy, this is not an ordinance so one reading required and this will be it. So if anyone else has anything to say about it say it now. All right, hearing no further comments I’ll call for the vote. All in favor signify by saying Aye (AYE) opposed No, The Aye’s have it it’s unanimous.
ORDINANCES • Ordinance regarding Beer and Wine at Amphitheater Mayor: All right next on the Agenda Mr. Hawes tell us about the ordinance regarding beer and wine at the Amphitheater.
Mr. Hawes: Yes sir Mayor and Council at the previous workshop meeting again it was brought to council’s attention that SMG the management company that is overseeing the operations of the amphitheater has requested that beer and wine sales be allowed at events contained within the amphitheater’s fences. It is a totally fenced environment and they have, SMG has procedures and training apparatus that they indicated to City Council that would be employed here with regard to any approved alcohol, beer and wine sales, in the venue. They basically made the point that with the types of major league acts and artists that would be coming that beer and wine is typically expected at shows by both the patron and by the artist for multiple reasons. I mean one of the things that was stated was that the Bi-Lo Center, which would be a competing entity, has alcohol sales and of course other family venues such as West End Field now Fluor Field at West End, Carolina First Center, assorted places in Greenville County – a number of places that are family venues have that available beer and wine for certain events and SMG felt it was appropriate that our venue, being a major league first class concert venue and that City Council has invested in and believes can be a real stand-out facility for upstate South Carolina and all of South Carolina would be appropriately serving beer and wine at some of these events.
This ordinance frames that in such a way that it would allow the alcohol or beer and wine to be sold within the confines – the fenced confines of the amphitheater at Heritage Park .
Mayor: Okay, thank you Mr. Hawes. I’ll entertain a motion on this matter so that we can have discussion.
Mr. Larson: I’d like to make a motion that we move to accept the ordinance to amend Chapter 4 Section 4-4 regarding alcoholic beverages.
Mayor: Thank you Mr. Larson. Do I hear a second
Mr. Garrett: Second
Mayor: Mr. Garrett seconds. Thank you Mr. Garrett. Discussion. I can’t believe we don’t have discussion. Who’s going to go first – Ms. Bagwell
Ms. Bagwell: Mr. Hawes I want to clarify to – if for some reason – if this were to pass tonight and we get down into this and if we see it’s not working for Simpsonville council can come back, withdraw this and change this ordinance, am I correct?
Mr. Hawes: Absolutely.
Ms. Bagwell: In the proposal that we’re looking at are there cut-off times for when the people will have to stop serving – what are we looking at as far as the Police Department being able to secure that in the amphitheater.
Mr. Hawes: Well with regard to the cut-off times for serving alcohol the procedures that we’ve supplied to you all at the workshop and prior basically outlines a – that alcohol would have to stop being served within a half hour of the end of a concert. I know there was some concern that that might be too soon so 45 minutes could be acceptable. Actually those procedures could be specifically altered at any time for a specific concert. So it’s really something where what’s proposed was a half hour and if City Council felt it was more appropriate that it was 45 minutes before the end of the event we’d certainly do that and SMG would certainly have no problem with enforcing anything that the City Council identified regarding that.
Ms. Bagwell: Another thing is one person had some questions concerning the – and I know we’re looking at having concerts here regardless – but there would probably be more concerts from what I’m hearing you and Ms. Ogletree say if we do have that sale. What about the sound that’s traveling currently. I know you had mentioned that we’d have a delayed sound system – hopefully that would cut down on some of the sound along with the buffers that we’re going to have with the trees and things – the natural buffers that we’re going to have.
Mr. Hawes: That’s correct. We would definitely employ every means to minimize the effect of the ambient or the amplified sound from the amphitheater, especially employing delayed sound system throughout the back reaches of the amphitheater which actually allows you to power down the primary sound.
Mayor: Is that it. All right anyone else. Mr. Larson
Mr. Larson: My understanding Mr. Hawes, from your discussions with the Police Chief, the Fire Chief, SMG officials, everyone seems comfortable with the way this would be controlled within side the fence. Anyone serving alcohol would be trained by SMG
Mr. Hawes: Absolutely
Mr. Larson: And in order to make the amphitheater a successful venue we would need to serve beer and wine at these events if the performers requested – that would be served at all of the events.
Mr. Hawes: It would be an option available at events that is correct
Mr. Larson: And SMG would be responsible for enforcing all the codes and ordinances and any of the rules relating to handling alcohol.
Mr. Hawes: Well SMG as an arm of the City would be responsible in conjunction with our Police Department.
Mayor: Okay. Anyone else. Ms. Bagwell do you have something else.
Ms. Bagwell: I do, I want to let it be known that I have spoken with probably well over 100 people over the last two weeks concerning this and overwhelming – probably 98% of the people that I’ve spoken with have been in favor of this so I am saying that at this point in time – because I know that this is first reading and I have overwhelmingly heard from those for this so I want to make that known.
Mayor: Okay anyone else. Well Mr. Bridges
Mr. Bridges: I would just say that I’ve had more calls in favor of it than opposed to it.
Mayor: All right, well everybody knows how I feel about it because you’ve read it in the paper and seen it on T.V. and I don’t know why they don’t ever ask you guys but at any rate I think it’s important that I tell everybody what I’ve been telling everybody that the reasons that I do support this. First of all some of you in this room will remember when we first started talking about this park and how we were going to finance it with accommodations and food and beverage tax. We made a commitment to our restaurants and hotels out there that we were going to make this a true destination for Upstate South Carolina but specifically for Simpsonville so they could be rewarded for collecting this tax for us with their businesses. We have – from day one we have tried to improve the park and promote the park in ways that would bring the maximum number of people here to spend the maximum amount of money in all of your stores and restaurants and hotels. I believe this is another and probably the biggest step we’ve taken since we began this journey. This amphitheater has again as you’ve read in the paper will be a major venue that will compete with the Bi-Lo Center . And I want to repeat what I was quoted as saying. That’s not what we started out to do – to be a competitor with one of our neighbors but we’re told by the people who do this sort of thing that we are going to be a competitor with them. I think it’s important that if we’re going to make a commitment to this that we need to commit all the way. We need to do everything the Bi-Lo Center ’s doing and more. I think our venue is unique. We’ll attract some different type shows and I think we’ll be very successful at that. We have talked with many other arenas and amphitheaters that are doing similar things. They all have the alcohol serving rule and they all tell us that they’ve had minimal problems with that. We hold up Freedom Weekend Aloft as an example from last year where we had excellent security. Our Police Department did an excellent job of working with the security service that was there. I have heard no negatives and the Police Chief is here tonight – Chief if you have some concern or something negative you want to say about it – jump up and say it now but I’ve heard nothing from any of our officers or the Chief regarding their concern that we can’t maintain a safe environment down there. I believe we can maintain a family/friendly environment down there. As I’ve told other people I just a few weeks ago went to the Bi-Lo Center Circus with my granddaughter and beer was being served – I was not offended – she noticed nothing. No one was a problem. I know it sounds like I’m rationalizing and trying to justify my preformed opinion but it’s part of the reason that I arrived at this conclusion. I can tell you that we’ve talked with our own hired guns so to speak – Ms. Ogletree – SMG is a very respected promotion firm in the United States . They tell us that it is necessary to have that there and I want to be clear with folks this will be limited to that amphitheater portion of the park where we will have very tight strict control. I’ve talked with a lot of people in the community and I to have not had anyone who is not adamantly opposed to this and I have one very good friend – okay well I did hear some opposition tonight – and I want to address one thing that was said tonight – somebody said that here we are trying to sneak this in again. If this is sneaking we’re not very good sneakers because we’ve been talking about this for months – we talked about it at our workshop meeting the last time. It’s been in the newspapers – it’s been on t.v. – I mean we have – I don’t know how we could be – I don’t know how we could be any more open about this. We’ve invited your comments and appreciate them but you’re not the only people that we’ve talked to and people like you are not the only people that we’ve talked to. I have a lot of friends – this is not appropriate – I know you’re passionate and want to say things – but you had the opportunity – I’m sorry – I don’t mean to be disrespectful but I talked with one of my close friends and he is close enough that he will tell me when I have bad breath or anything else that’s going on – I mean he doesn’t parse words with me and he is a leader in his Church and by that I don’t mean he’s just active I mean he has a leadership role in his Church. He is a very conservative political person like I am. He is a very strong advocate for families. I respect his intelligence. I talked with him about this and asked him about all the aspects of it and he said the most thought provoking thing that anybody said to me. You know in my mind it is a moral issue. I would come to City Hall and rail against and be adamantly opposed to the City Government in Simpsonville forcing someone to drink a beer. Now if you think about that for a moment that was very thought provoking for me. In other words we’re not forcing anybody to do anything they don’t want to do. We’re providing opportunities for people who want to do certain things but if you don’t like it and you don’t want to participate and you think it’s wrong we certainly would not want to force any of you to do any of that. I know the feelings of some about the exposing, especially children, but exposing anyone to things that you don’t believe are in their best spiritual interests – you know we have a City full of people and we’re all free to believe different things and think different things and I think those of us who are honest with each other will still love and appreciate each other but we’ll just disagree on things and that’s pretty much my position. I hope you will still love me and appreciate me and support us all up here and help us in everything that we do but that’s my position on it. You know how I’m going to vote so unless someone else has something to say – Mr. Curtis
Mr. Curtis: I feel that I need to lend my voice to agree with the Mayor about one thing. He made the statement that we have not tried to sneak this by anyone. When this vote is finished you’ll understand where my position is however – I would like to say that we have been – I have been involved in these meetings – I have heard this from the start and there has been enormous attention given to the concept that we do not want to try and do anything – we do not want to give the impression – not just that we don’t want to do it – we don’t want to give the impression that we’re trying to sneak anything by anyone. There has been every effort made to make this as public and to give everyone an opportunity to speak about it that we possibly could. I don’t know of anyway we could have made it any more public than what we have. So I would support the Mayor in that statement. That’s all I have.
Mayor: Thank you. Anyone else. I gave you plenty of time to think about it so – Mr. Larson
Mr. Larson: I just would like to say that I agree with what the Mayor had to say and one thing that I keep thinking about is that when the idea of having Heritage Park and the amphitheater was hatched years ago and the City went to the business owners and restaurants and hotels and said if you will allow us to do this accommodations tax we can provide you with a great return down the road – we can provide you business opportunities and income coming into the City at a point down the road where this project has reached completion and I think we’re near that point now where we need to fulfill the promise that we made to the businesses to make this the best venue that we can make it and I think the serving of beer and alcohol or beer and wine at the concerts is one of the ways that we can make this competitive and make this income productive for businesses in the City of Simpsonville.
Mayor: Thank you Mr. Larson. Anyone else. Last call. All right, I’ll remind council that this is the first of two readings and hearing no further discussion I’ll call for the vote. All in favor signify by saying Aye
Mr. Curtis: Mayor I’d love to have – I think we ought to vote on this by Roll Call Vote.
Mayor: Okay Mr. Curtis. Ms. Bodkins would you call the Roll for vote please.
Ms. Bodkins: Yes Sir. Council Member Bridges – Reluctantly Yes Council Member Garrett – Yes Council Member Sanders – No Council Member Bagwell – Yes Council Member Curtis – No Council Member Larson – Yes Mayor Waldrop – Yes
Passes 5-2
Mayor: 5-2 – Thank you. All right and thank all of you who came tonight and had an interest in this and we will be talking about this again – possibly at our next meeting – our workshop meeting we may – all right sorry – second Tuesday of next month at our next Business Meeting. So we’d certainly invite you back.
ANNEXATIONS AND REZONINGS – 2 nd Reading • Z-2008-01 Rezoning of Sanchez Properties, LLC Mayor: All right next on the Agenda – Mr. Dyrhaug – you’ve got your little projector again tonight. Where’s your screen.
Mr. Hawes: He’s going on the wall.
Mr. Dyrhaug: Okay the next item on the Agenda is Z-2008-01. This is a rezoning request for a single property that is ½ acre large. The existing zoning of it is RM and it’s being requested to be rezoned to C-2. And as this map shows this is located along W. Georgia Road just east of Industrial Drive and the intersection with 385. And as a reminder the Planning Commission voted unanimously 4-0 to recommend approval of this requested rezoning on the conditions that various buffering requirements be put in and the applicant has indicated that they’re willing to do those things and they will be working on doing those things after and assuming that this is approved by City Council. As a reminder this is second reading for this requested rezoning.
Mayor: Okay, thank you Mr. Dyrhaug. I’ll entertain a motion in that regard. Mr. Larson
Mr. Larson: I’ll make a motion that we accept the Annexation/Rezoning of Z-2008-01
Mr. Hawes: It’s not an annexation
Mr. Larson: Oh – okay just the rezoning of Z-2008-01.
Mayor: Thank you Mr. Larson do I hear a second
Ms. Bagwell. Second
Mayor: Ms. Bagwell – okay Ms. Bagwell. All right I have a motion and a second any discussion – really – okay well hearing no discussion I’ll remind council that this is second and final reading and I’ll call for the vote. All those in favor signify by saying Aye (AYE) opposed No. The Aye’s have it it’s unanimous. It’s done.
• Z-2008-02 Rezoning of Tonda Carter property Mr. Dyrhaug: Okay the next item on our Agenda is docket number Z-2008-02. And this is a request to rezone a single property that is approximately 1/3 acre in size that’s presently zoned R-15 and the request is to rezone it to RM with the intention of building a duplex on the property. This is located along E. Georgia Road at 801 E. Georgia Road near the intersection of E. Georgia Road and Fowler Road . And the Planning Commission did vote unanimously 4-0 to recommend approval of this requested rezoning and I’ll remind you again that this is for second reading here tonight.
Mayor: All right I’d like to have a motion in that regard. Mr. Curtis
Mr. Curtis: I’d like to make a motion that we accept Z-2008-02 for rezoning.
Mayor: Thank you Mr. Curtis – do I hear a second
Mr. Bridges: Second
Mayor: Mr. Bridges seconds. Thank you Mr. Bridges. Any discussion. All right, hearing none 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. All right Mr. Dyrhaug now we get to some annexation
• AXZ-2008-01 Annexation and Rezoning of Tuley & Tuley Inc. Mr. Dyrhaug: Here comes the annexation. This is AXZ-2008-01. This is a single property that is approximately 70 acres in size. It’s currently zoned RS in the County and the requested zoning for this is Planned Development. The applicant is proposing to develop this with a mixed use development that would consist of single family residences, apartments and a commercial center. The Commercial development would consist of approximately 120,000 sq ft of commercial area. The apartment portion would consist of approximately 280 dwelling units and the single family portion of the development would consist of 162 lots that would actually be an extension of the current Heritage Creek Subdivision just to the east of the – this is the property here highlighted in red along SE Main Street. It’s right in between the Summit Place Living Center and the Duke Energy office building is down in that area of town. This is the preliminary development plan. It’s a little hard to read but this kind of gives a better picture of what their concept plan is at the present time. As I indicated just a moment ago this would be the commercial portion of this development near – front SE Main Street, the apartments would be behind that Commercial development and to the rear is the single family development that would tie into the existing plat for Heritage Creek Subdivision. At their Planning Commission Meeting the Planning Commission did vote 3-1 to recommend approval of this requested rezoning and annexation and again this is for second reading here tonight.
Mayor: Okay – I’ll entertain a motion in that regard. Ms. Bagwell
Ms. Bagwell: I move that we accept AXZ-2008-01 the annexation and rezoning of the Tuley & Tuley property as recommended by the Planning Commission.
Mayor: Thank you Ms. Bagwell do I hear a second.
Mr. Larson: Second
Mayor: Mr. Larson seconds. Any discussion. Hearing no discussion I’ll call for the vote. 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) – all opposed No. Aye’s have it it’s unanimous.
TEXT AMENDMENTS • TX-2008-01 Text Amendment Regarding Child Care Homes Mayor: All right Mr. Dyrhaug you’re still up.
Mr. Dyrhaug: Last one for me. This is TX-2008-01. This is a text amendment regarding Child Care Homes. Back in January the BOZA became aware that there was outdated language in this section of the code and so this proposed text amendment will update that section so that the language is consistent with the current State and City procedures that we have in place for approving and licensing child care centers and child care homes. The first update to this ordinance or part of this text amendment is that the correct name of the appropriate state agency is identified here. Previously this was identified erroneously. The correct Department should be the Department of Social Services. That is now in this text amendment. And the second inconsistency that is addressed in this text amendment pertains to the procedures and timing of when a child care services license with the state and license with the City. And the procedure that the state recommends and that we’ve typically been operating under is that first they gain zoning approval through the BOZA then they get their state license and registration and finally that is followed up with getting their license through the City. So that is reflected in this text amendment. The Simpsonville Planning Commission voted unanimously 4-0 to recommend approval of this proposed text amendment. And I will remind you that this as well is to you for second reading.
Mayor: Okay thank you Mr. Dyrhaug. I’ll entertain a motion in this regard. Mr. Curtis.
Mr. Curtis: Mr. Mayor I’ll make a motion that we pass the text amendment TX-2008-01 regarding Child Care Homes.
Mayor: Thank you Mr. Curtis. Do I hear a second
Mr. Garrett: Second
Mayor: Mr. Garrett seconds. All right any discussion. I think we discussed this at our least meeting so hearing no further discussion I’ll call for the vote and I’ll remind Council this is second and final reading. So I’ll call for the vote. All in favor signify by saying Aye (AYE) opposed No. Aye’s have it it’s unanimous.
EXECUTIVE SESSION • Two contractual matters – Administration and Public Works Mayor: All right we have a need for an Executive Session tonight to discuss a contractual matter relating to the Administration and to discuss a contractual matter relating to Public Works. So I’ll entertain a motion at this time.
Ms. Bagwell: I move that we go into Executive Session to discuss a contractual matter concerning administration and public works.
Mr. Curtis: Second
Mayor: Thank you Ms. Bagwell – Mr. Curtis seconds. Thank you all. All those in favor signify by saying Aye (AYE) opposed No. Aye’s have it it’s unanimous. We are in recess to go into Executive Session. We’ll gather back in about 5 minutes. Before we leave though let me just welcome a special guest tonight. Ed Brashier is back tonight. Ed for many many years was the Chairman of our Planning Commission and we haven’t seen Ed in a while – I thought maybe you were here to discuss an issue but it looks like you’re here just to visit with us. We’re glad to have you back and thanks for making a reappearance. Of course Al Driefort’s always here so we just kind of take you for granted Al but thank you for coming. And all of you – thank you – we’re in recess.
RETURNED FROM EXECUTIVE SESSION - No action was taken.
ADJOURNMENT Mayor: I’ll entertain a motion.
Ms. Sanders: I move that we close the March 11 th Business meeting.
Mayor: Thank you Ms. Sanders do I hear a second
Mr. Larson: Second
Mayor: Mr. Larson seconds. All in favor signify by saying Aye (AYE) opposed No. The Aye’s have it it’s unanimous. We’re adjourned. Thank you all for coming.
Respectfully submitted,
PAMELA J. BODKINS City Clerk |
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118 N E Main Street, Simpsonville, SC
29681 |
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