SIMPSONVILLE CITY COUNCIL BUSINESS SESSION September 09, 2008 6:30 p.m. City Council Chambers – 118 N.E. Main St .
CALL TO ORDER:
Mayor: Call the September 9 th Business Session of the Simpsonville City Council to order.
ROLL CALL: Ms Zeller would you call the roll please?
Ms Zeller: Councilmember Bridges: Here Councilmember Garrett: Here Councilmember Sanders: Here Councilmember Bagwell: Here Councilmember Curtis: Here Councilmember Larson: Here Mayor Waldrop: Here
Mayor: Thank you. Welcome to all of you tonight glad to see you here. I hope you will learn something or at least be entertained.
INVOCATION: Mayor: Is there anyone here who would like to ask blessings on this meeting in your own personal way? Hearing no one, Ms Sanders would you ask blessings on this meeting in your own personal way?
PLEDGE OF ALLEGIANCE: Mayor: Will you all join us now in the Pledge of Allegiance to our Flag? APPROVAL OF MINUTES OF 08/12/08, 08/18/08, 08/19/08 & 08/26/08: Mayor: Council Members you have in your packets the minutes of August 12 th meeting, 18 th meeting, 19 th meeting and 26 th meeting, we were here a lot and I’m sure that you have all approved / reviewed those and I’ll accept a motion in that regard at this time. Ms Bagwell
Ms Bagwell: I move we accept the minutes as typed for August 12 th , August 18 th , August 19 th and August 26 th .
Mayor: Thank you Ms Bagwell. Do I hear a second?
Mr. Curtis: Second
Mayor: Thank you Mr. Curtis. Any corrections, additions, comments or anything else, Ms Bagwell?
Ms Bagwell: Ms Zeller I just wanted to make sure that you got my email today.
Ms Zeller: I did, thank you.
Ms Bagwell: There were several areas where Ms Sanders and I
Ms Zeller: I did, thank you.
Mayor: Anyone else comments, corrections, additions alright, hearing none then I will call for the vote. All in favor signify by saying Aye, Opposed No. Aye’s I have it. It’s unanimous. Those minutes are approved and official.
REVIEW OF MONTHLY REPORTS:
Mayor: Did you all get your monthly reports? I am sure you have carefully reviewed those and I’ll do that soon. Thank you Department Heads for providing those for us I am sure we will have some questions and comments at some point at a later time.
CITIZEN COMMENTS:
Mayor: This is the portion of our program where we invite citizen comments for those of you who may not be familiar with our procedures this is a business meeting so we will be happy to listen to what you have to say but we will not respond to you we reserve that for our workshop meeting which is the 4 th Tuesday of the month. If you called ahead and asked to be placed on the agenda we will give you four minutes, no one did that tonight, if you signed up we will give you two minutes about whatever is on your mind and we will respectfully listen. We had one person sign up tonight Mr. Mark Holmes. Mr. Holmes if you will give your address for the record please.
Mr. Holmes: Thank you, Mark Holmes, 300 East McAbee Avenue , Greenville . It is a pleasure to be again. When the Harrison Bridge Road Annexation matter comes up on the agenda I’ll be happy to answer any questions that Council may have. I wanted to tell you what the package I believe the package you have there in front of you contains. There have been some positive developments on this project since the Planning Commission meeting last week not the least of which is that there could not be a gravity sewer line serving that site and perhaps other future properties too. You have a drawing showing the location of that proposed line which tie directly into a Western Carolina Line that exist so the City will not be asked to accept a sewer pump station for the project and that’s what we were really working toward but could not tell the Planning Commission last week that we would accomplish that. This plan has been revised and the top sheet shows there is no commercial use in this project any longer. There had been office and commercial on the frontage, the commercial component has been removed and it is all office and the photographs you see are examples of architectural styles which can use for office building in an area where you are trying to transition into residential. Those are examples, that is not to say that these offices will be exactly like those examples but those give you an idea of what can be done. Last we have eliminated any mention of suggesting that Greenville County make Hipps Road a one way road. There seemed to be a lot of people who didn’t think that was a very good idea so we will be happy not to suggest that. We thought it might help the fire station out but there seemed to be some problems with that so we have removed that as well. Thank you.
Mayor: Okay, thank you. Those are all of our speakers this afternoon so thank you for your comments and we look forward to seeing you again.
CITY ADMINISTRATORS REPORT:
Mayor: Mr. Hawes, it is time for the City Administrators Report.
Mr. Hawes: Yes sir, Mayor and Council. First of all, I’ll give an update of the Davenport Road project. We have scheduled an neighborhood informational meeting for this project on September 18 th at Calvary Baptist Church . The meeting will be conducted by Co Transco the Engineering team that designed the project for the City. Attached is the announcement for the meeting and these announcements will be distributed to every house in the neighborhood along Davenport also the roads that feed into Davenport and the neighborhoods that surround it so that everyone who have interest and be immediately impacted or even not so immediately impacted but might use that road will get notification of the meeting. That notification is being conducted through Co Transco. In the meantime, the City has installed 3-way stops 30 day announcements signs at three locations on Davenport Road as part of a permanent traffic calming approach and we continue to evaluate to the placement of bike lanes along the newly rebuilt road. With regard to the tub grinder implementation, we will be taking delivery of the tub grinder in late October. Public Works is preparing the mulching site on the newly acquired site on Howard Road . We have received a site layout from DHEC for the operation of this site. The area will also be available for overflow parking at Heritage Park Events with direct access along a new sidewalk to the park. We expect a fully functioning operation by December 1 st and we do intend to offer mulch at certain dates for public purchase as well as to working with new by Cities to possibly assist their disposal needs. Also, the downtown streetscape project State contractors have completed installation of the lane reconfiguration and the crosswalks should be completed by the end of this week. The traffic signals operate as designed and we now have protected left turns for the first time ever. Stamped asphalt crosswalks were installed at Trade, Curtis and College Street intersections and a couple more will be installed before the end of this week. You can see the stamping of the asphalt the color tinting will go down hopefully by the end of this week. Combined with the new pedestrian countdown clocks button activation end the ability to cross only two lanes through lanes instead of four the cross walks with contribute to a marked improvement to pedestrian safety and mobility downtown. The median planting will be installed in the coming weeks as the daily temperatures moderate. As a matter of fact we have received bids for the plants and for the trees we are looking at a specific almost a dwarf type of maple tree. They will not deliver them before October 1 st and still guarantee their survival so we have to take delivery after October 1 st on that. Event information, the next meeting of City Council is our workshop meeting on September 23 rd. The Jazz under the Stars concert series will begin with an event at Heritage Park Amphitheatre at 7:00 pm on September 12 that will feature Michael Franks, Pieces of A Dream and Alex Bugnon out of Switzerland . I just like to say Bugnon. Shmooney Day at Heritage Park is 10:00 am to 2:00 pm on September 27 th . Also, want to get a plug in for one more concert that has just been announced and tickets will go on sale Friday for Stained, Seether, Papa Roach and Red, four bands playing October 14 th at Heritage Park Amphitheater starting time 6:30 pm for that show.
Mayor: I don’t hear anybody cheering out there. Does anybody know who those people are? Excuse me, I didn’t mean to interrupt.
Mr. Hawes: No problem. That concludes my report and I’ll be glad to answer any questions during Council comments.
Mayor: Thank you Mr. Hawes.
COUNCIL COMMENTS:
Mayor: Council Comments anyone have any comments about that or anything else. Mr. Curtis
Mr. Curtis: Question, streetscape project we are doing the stamping downtown a lot of the streets actually belong to the State
Mr. Hawes: Correct
Mr. Curtis: especially Highway 14. What is the procedure when they get do get ready to repave that street will they replace the stamping or will that fall to us to do how does that work?
Mr. Hawes: Well actually when they replace a street they are suppose to put it back the way they found it before hand so improvements that have already been done should be replaced but that road is not scheduled for resurfacing anywhere in the next ten years.
Mayor: Okay Ms Bagwell.
Ms Bagwell: You gave us an update on Davenport Road did we put those 3 way notices up on Brentwood as well?
Mr. Hawes: Yes
Ms Bagwell: Okay and the other thing I wanted to say I just wanted to commend the Chamber of Commerce on successful Labor Day Festival this year.
Mayor: Thank you Ms Bagwell. Anyone else? Mr. Larson Mr. Larson: Going back to the streetscape is the road surface safe now where they ground the lines out. Is there any cosmetic work done on the rest of the roadway?
Mr. Hawes: We are actually looking to get the same company that ground those lines to come back and do some further work to improve the appearance. The cosmetic aspect of it. We don’t feel that it was done to the quality that we expected so we are going to be bringing them back in there. But the end result is those lines are going to be darker than the rest of the road and it will take a few months for it to fade to the gray color the rest of the road is but we do want to get all of the white out of there.
Mayor: Okay anyone else? Okay I would just like to go on record as not questioning the expertise of the landscapers that made the decision to the little island out in the street but like I said before I think that trees are going to be a line of site issue and I wish you would ask them to reconsider that but we will leave it at that. Thank you Council and thank you Mr. Hawes for that fine report.
NEW BUSINESS:
Mayor: The next item on the agenda is new business. Under new business I get to do something that is really fun and that is invite all these little ladies in orange uniforms up to the podium (as well as the Coaches) and we have a little something for you. One of the things that is really fun about this job that I do is that I get to do things like this I’ve got to tell you this is a very special night and I enjoy this kind of thing and I’ve enjoyed being around these young ladies and these coaches and all these staff and even the parents. These young ladies have represented our Community Nation wide and I’ve told all of them that all of the stuff that we have done around here, making noise trying to get people to recognize Simpsonville, South Carolina they in a matter of a few days have brought more recognition and good thoughts to people about Simpsonville, South Carolina than we ever did. You represented us so well as we watched you on TV and you just didn’t give up you had such a grace about you even you had some pretty stinking calls I thought. You handle yourselves in such a way that made all of us proud and made all of us look good so we were so proud. We have already recognized you a little bit but we wanted to make it really officially tonight and give you some memorabilia I guess is the best way to say this. I’m going to do the Coaches first and we will get them out of the way. Don, what a great job you have done and we appreciate that and of course your assistants are not here tonight.
Don Davis: Terry is out of town and Don Swearingen is here. Don come on up.
Mayor: Don come on up.
Don Davis: Roger O’Donald is out of town also well he is working late tonight I think.
Mayor: Well, I hope you will tell them how much we appreciate them. Don, I’m going to read yours and I’m not going to read the rest of them but we really do appreciate you Coaches and all of the time that you put into this and I know you have done this in years past and I’m sure Robbie is here and I know Robbie and his Staff appreciates everything you do and we are certainly proud of you. This says The City of Simpsonville Mayoral Proclamation now let me make that clear they call them Mayoral Proclamation but I assure you that this is from the City Council, City Administrator and all Staff and the residence of the City of Simpsonville just because it says Mayoral doesn’t mean it just from me its from everybody so this is a Mayoral Proclamation in recognition of Coach Don Davis Whereas the 11/12 Simpsonville Recreation Girls Softball Team won the 2008 Little League World Series Championship and whereas the fine young ladies exhibited exemplarily behavior and manors while representing the City of Simpsonville and conducted themselves as true and honorable athletes and whereas Coach Don Davis showed himself to be a good ambassador of the City of Simpsonville and did represent the City in an upstanding manner and therefore the Mayor and everybody else did declare the in recognition of his outstanding achievements the 6 th day of September 2008 Don Davis in the City of Simpsonville, South Carolina.
Don Davis: Can I just say a couple of words?
Mayor: You can we would be happy for you too.
Don Davis: First of all you have got to know where you have been to know where you are going and I think Simpsonville has really put themselves on the map big time over the last four or five years. We started our in City Park down here and now we have Heritage Park thanks to every one of these guys up here and all of the folks in Simpsonville so it is a world class facility. We have been coming before Council for the last four or five years with State Championship and so when we come back with the World Championship and the biggest difference there is facilities. To attract world class players you have to have world class people and I think that is what Simpsonville has is world class people here. We brought home the big one.
Mayor: You did.
Don Davis: We would like to go ahead and give it to you and I know we have given it to you several times before but this thing has really traveled. It has really traveled around.
Mayor: You can give it to me as many times as you as you want too and you can bring us several more if you want too.
Don Davis: Here you go girls, why don’t you hold that up there. We really appreciate the support. Number one from the City of Simpsonville all you guys up there you really gave us tremendous support this year. The Rec. Department Robbie Davis and his crowd that is we have traveled all around and now we can say we traveled the whole United States and so because we have been all the way to the other side of the Country or so but we have found no better Recreation Department than what you have here in Simpsonville and so we are very proud of all of these guys.
Mayor: Here, here.
Don Davis: Though our Coaching Staff was thin when we got to tournaments and thing like that or so Don Swearingen’s big instrumental in this program and Roger O’Donald they helped out tremendously with all of their scouting reports and everything they were getting us information on everybody and when we couldn’t watch games they were watching games and getting us good scouting reports and that really came beneficial also. So these guys were great also.
Mayor: Well please pass along to the others that couldn’t be here tonight how much we appreciate you and we’ve got some things there for you to so thank you very much to all of you. What you folks didn’t hear is all of us here in Simpsonville screaming at the television screen and jumping up and down and at my house people thought I had lost my mind because it was such an exciting game. All of those games played were just exciting man my heart wouldn’t have held up. Well, now I have a Proclamation for the entire team so I’m going to read too much tonight but I’m going to read this and then we will move on the City of Simpsonville Proclamation in recognition of 11/12 Simpsonville Recreation Girls Softball Team Little League 2008 World Series Champions. The 11/12 Simpsonville Recreation Girls Softball Team whereas they won the 2008 World Series Championship and whereas these fine young ladies exhibited exemplary behavior and manors while representing the City of Simpsonville and conducted themselves as true and honorable athletes and whereas Emma Swearingen, Dee Dee Sullivan, Brianna Davis, Ms Carley Hoover, Sarah Stewart, Carson O’Donald, , Amanda Storch, Erin Errington, Nikki Fulmer, Haley Thornton, All Reynold, Coach Terry Errington and Coach Don Davis being members of this team showed themselves as good ambassadors of the City of Simpsonville and did represent the City in an upstanding manner and therefore we in recognition of your accomplishments and contributions hereby extend sincere gratitude to you on behalf of the City of Simpsonville on this 9 th day of September 2008. I think I’m going to give this to Robbie to be posted to honor you at the Centerplex. Now I am going to read one and then I’m going to call your name and give them to you because they all say the same thing with a little different date because you each your own day. The City of Simpsonville Proclamation in recognition of Ally Reynolds, Ally, the 11/12 Simpsonville Recreation Softball Girls Team won the 2008 Little League World Series Championship and whereas these fine young ladies exhibited exemplary behavior and manors while representing the City of Simpsonville and conducted themselves as true and honorable athletes and whereas Ally Reynolds being a member of this team showed herself as a good ambassador of the City of Simpsonville and did represent the City in an upstanding and gracious manner and therefore in recognition of outstanding achievement declares the 4 th day of September 2008 Ally Reynolds Day in the City of Simpsonville, South Carolina. Ally I was here your day and I can’t remember what I did but I sure it was celebrating. Alright and Dee Dee Sullivan, the catcher, in recognition of her outstanding achievements we have declared the 26 th of August 2008 Dee Dee Sullivan Day in the City of Simpsonville , South Carolina . There you go Dee Dee congratulations. Okay Brianna Davis, alright in recognition of her outstanding achievements declares the 27 th of August 2008 Brianna Davis Day in the City of Simpsonville , South Carolina . There you go Brianna. Carley Hoover.
Don Davis: She is not here tonight playing volley ball, high school volley ball tonight.
Mayor: Can you get this to her?
Don Davis: I’ll get it to her.
Mayor: Thank you. Alright, Sarah Stewart. I knew you were here. In recognition of your outstanding achievements we declare the 29 th day of August 2008 Sarah Stewart Day in the City of Simpsonville , South Carolina . Carson O’Donald alright in recognition of your outstanding achievements declares the 30 th day of August 2008 Carson O’Donald Day in the City of Simpsonville , South Carolina . Amanda Storch, Amanda in recognition of your outstanding achievements the 31 st day of August 2008 is Amanda Storch Day in the City of Simpsonville, South Carolina. Erin Errington, Erin in recognition of your outstanding achievements we declare the 1 st day of September 2008 Erin Errington Day in the City of Simpsonville , South Carolina . Nikki Fulmer, the bunter, weren’t you the bunter?
Nikki Fulmer: Yes
Mayor: And you do that very well and because you did that very well in recognition of your bunting and your outstanding achievements declares the 2 nd day of September 2008 Nikki Fulmer Day in the City of Simpsonville, South Carolina. Emma Swearingen, Emma in recognition of your outstanding achievements we declare the 25 th day of August 2008 Emma Swearingen Day in the City of Simpsonville , South Carolina . Haley Thornton, Haley in recognition of your outstanding achievements declares the 3 rd day of September 2008 Haley Thornton Day in the City of Simpsonville , South Carolina . Is that it, did everybody get one? Alright, it is time to start your speeches who wants to make a speech? Okay go, step right here we would like to hear from you. Go ahead.
Emma Swearingen: I thought you were joking.
Mayor: No, I was not joking. Here is your moment.
Robbie Davis: Emma you have never been at a loss for words, go ahead and speak.
Emma Swearingen: Thank you for all coming.
Mayor: Thank you all again for coming and I’m sorry we didn’t get these to you before you day. I’m sure you were contacted and told what your day was. Did any of you come down and walk up and down Main Street and ask for free ice cream? I tell you what if you remind us next year when those days come up we’ll give you an extra little day and we’ll buy you an ice cream cone or something.
Girls: Is it next year too?
Mayor: Well, it can be. Can you win the World Series next year too? Listen, this will always be your day in the hearts of we Simpsonvillian’s so hold on to those things and keep them on your wall and if we forget about it bring it down here and show us this is your day. Thank you so much lets give them all a big hand. Alright thank you so much.
Robbie Davis: Mr. Mayor can we get Council to come out and come around the banner and get a photo.
Mayor: Yes
Robbie Davis: Before we take the photo I just want to show you all what we had done in their World Series jackets.
ORDINANCES 1 ST READING :
Mayor: Next on the agenda is ordinances for 1 st reading and first Mr. Hawes you are going to tell us about the G.O. Bond (Series 2008).
Mr. Hawes: Yes Sir Mayor and Council before you, you have 1 st reading of the G.O. Bond (Series 2008) the ordinance provides for the issuance and sale of the not exceeding $800,000.00 City of Simpsonville, South Carolina General Obligation Bond Series 2008 to prescribe the purposes for which the proceeds shall be expended and provide for the tat if thereof and of other matters there to. This particular G.O. Bond series will take care of the funding of the heavy rescue vehicle the City’s portion which is 25% of the cost the County of Greenville is funding 75% of the particular vehicle. It will also fund a refuse truck for the City of Simpsonville and the purchase of a tub grinder for mulching capabilities for the City of Simpsonville with regard to yard waste. It will also refund a lease purchase arrangement for two of the pumpers that were purchased about four years ago and this is 1 st reading on that ordinance.
Mayor: Okay, thank you Mr. Hawes. I’ll entertain a motion in that regard. Ms Bagwell.
Ms Bagwell: I move that we accept the G.O. Bond (Series 2008) Heavy Rescue Vehicle, Refuse Truck, Tub Grinder
Mayor: Thank you Ms Bagwell. Do I hear a second? Mr. Larson.
Mr. Larson: Second Mayor: Thank you Mr. Larson. Any discussion? Alright, I think we all understand what we are doing here and if anyone has any questions feel free. I’ll remind Council this is first of two readings this will require a second reading so all in favor signify by saying AYE, opposed No. AYE’S have it, it is unanimous. David Dyrhaug our Planning Director would you come forward please and talk to us about annexation request 2008-07.
David Dyrhaug: Thank you Mayor. This agenda item represents a petition that is requesting annexation into the City. The petition includes a 59 acre track of land that consist of separate properties and the various property owners include Max Hipps, Susan and Eamonn MacCrossan, James and Nancy Boyce, Robert and Betsy Kenny and John and Mary Martin. In addition to the petition for annexation of that 59 acres track there is also a 20 foot strip that is included through land that is owned by John and Mary Martin and that strip is included for the purpose of providing contiguity between the 59 acre track of land and the existing City boundaries of the Fox Trace Subdivision. Let me show you a map on the wall of the annexation request. This is the 20 foot wide track that I just mentioned and this is Fox Trace Subdivision right here where the City limits end and this down here is the 59 acre track of land. The applicants requested that this 59 acre track of land be rezoned to the PD zoning designation and for the 20 foot wide strip that runs to they have requested no change there so by default it would be rezoned to R20 because right now it is zoned RS and the City’s closest equivalent to RS to R20 zoning. I probably should have started with this first but this map on the wall gives you a little more reference as to where it is located. You can see it is a little further west of Fairview Road along Harrison Bridge Road it comes right up to Hipps Road which intersects with Harrison Bridge Road and it is just a little Eastward of Neely Ferry Road. The existing development on this site is primarily rural residential as I mentioned all of these properties are zoned RS right now. The proposed development that the applicant is intending to do is a mixture of uses. The first part of the development in the first phase is a residential development that would include up to 177 single family lots. This would consist of two types of residential areas one area would be patio home lots which are typically between 50 and 60 feet wide and the secondary single family lots which are typically between 60 to 70 feet wide. The patio home lots will be closer to Hipps Road so on the West end of this development and the standard single family lots will be closer to Fairview Road so on the East end of this development. We heard Mr. Holmes indicated a few moments ago has modified their intent for development since this was reviewed by the Planning Commission and also since you received the statement of intent and preliminary development plan in your packets. Before they had some commercial components to this but they are changing that strictly to all office right now so what I have shown on the wall is not entirely accurate now because of the proposed changing they are providing now but the second part of this mixed used developed would now consist of offices and they have indicated in the statement of intent that could include up to 120,000 square feet. Just a few other miscellaneous tidbits about this proposed development, it will include about 8 acres of community recreation areas, landscape buffers, retention ponds and there will be a 25 foot wide buffer that will be located between the residential areas and the office areas. There will also be a 15 foot wide buffer along Harrison Bridge Road that will be landscaped and the other thing that they have changed is that before they were indicating they would have a need for a sanitary sewer pump station and that is no longer the case. They have indicated in their revised statement of intent that they can get gravity flow sewer for this project. They have also proposed three access points along Harrison Bridge Road which actually may potentially be reduced to two as well as one access point along Hipps Road . As part of this project they are proposing to widen Harrison Bridge Road in front of the development so they can provide for the appropriate left hand turn lanes and deceleration lanes in their entrances. Let me fast forward here because these are now out of date, I’ve got on here slides on here that show the new development and this one is a little hard to read so I’m not going to dwell on this but this represents their revised preliminary development plan. To the North along this is Harrison Bridge Road right at the top and to the North is where their office will be and the South is where the residential tracks will be. This next slide shows a little bit more clearer picture of what this might look like this is the conceptual plan so again up along Harrison Bridge Road is where their office will be located and then is the track where they are proposing patio style home lots and these are the standard single family home lots. This annexation request is complicated by a few issues and they are not necessarily within the applicant’s control which kind of makes it a difficult case to consider. There are clearly reasons why this annexation should be approved and clearly reasons why maybe it shouldn’t be approved and so I just wanted to introduce to is because first of all it represents a great opportunity for the City to grow outward not only for the 59 acres that make up this annexation but also for the opportunity for future annexation in that area. Second point, is that Greenville County has recently approved two planned developments in that area one called Marydale and the other called Harling Commons which are immediately adjacent to the track to the East. This right here is the site of Harling Commons and if my map extended further along the wall Marydale would be up around here close to the door. Marydale is largely a commercial development while Harling Commons is a mixed use development somewhat similar to this in that it entails various types of residential uses as well as some commercial components. However, it is my opinion that this proposed development, Harrison Park , is probably easily much more appropriate for this area than those other two developments at this point. Now the third point, considering the Counties recent approval of developments Seth’s more confident in the Cities ability to oversee the development in this area rather than rely on the County to oversee that. The fourth point is that while Greenville County Planning Staff has expressed some opposition to this proposed development the City has no assurance that this or similar development would not be approved by the County. On the flip side, there are a few points I want to mention why perhaps this annexation should not be approved. The first represents some of the concerns that came out during the public hearing last week. At that public hearing proceeding, there were three individuals who expressed some opposition to this request. Those who spoke in opposition included residents from Weatherstone and Verdmont and the main points that they brought up were their concerns that Harrison Bridge Road cannot handle the increased traffic levels that will not only be generated by this property but by other projects that the County is approving. Their concern that widening Harrison Bridge Road to three lanes does not adequately address the issue related to traffic. There were concerns about the applicant’s need to rely on a pump station and were also concerns about Hipps Road potentially being turned into a one way street. As Mr. Holmes indicated earlier tonight the latter of the two of those issues have been addressed by the applicant so they are no longer issues. But those concerns related to traffic I think are legitimate the recent County developments in that area not just Marydale and Harling Commons but also Verdmont, Weatherstone, Victoria Park and Brentmoor they all contributing to increasing traffic on Harrison Bridge Road that might contribute to some failing segments of the road. I think that the road improvements that this applicant is proposing will do well to mitigate any traffic concerns directly in front of their development but it will probably contribute to some other failing sections eventually along Harrison Bridge Road . The second point of concern was related to the commercial area but that has been addressed by the applicant in that they have eliminated the commercial component of this development. The third concern was related to the pump station which again the applicant has addressed and made a non-issue. The fourth point also related to the pump station and again that has been addressed. The fifth point of concern was raised by the Police Department which expressed some concern that they may not have enough Police Officers in that zone to adequately serve that area. It is clear that this is somewhat of a controversial request; I think the applicant has done a good job in making progress on what they are proposing and addressing some of the major issues especially as it relates to some of the commercial components and as it relates to the sewer. But that is what you have to weigh as you make a decision on this and at the public hearing the Planning Commission did vote by a vote of 5 to 0 to recommend denial of rezoning of these properties. I can’t exactly speak their minds as to why they voted that way but from perspective it seemed that the majority of their discussion was focused on items related to traffic, the pump station and the long annexation strip that provides the contiguity to this development. If you have any questions I’ll be more than glad to address them as well as I’m sure Mr. Holmes will be too.
Mayor: Thank you Mr. Dyrhaug. I’ll entertain a motion in this regard. Okay Mr. Larson
Mr. Larson: I’ll make a motion we accept AXZ-2008-07
Mayor: Okay, is your motion to accept or not the recommendation of the Planning Commission?
Mr. Larson: To not accept the recommendation of the Planning Commission
Mayor: Okay, do I hear a second?
Ms Bagwell: Second
Mayor: Ms Bagwell seconds. Alright, Ms Bagwell
Ms Bagwell: My primary concern is one of the Police Department and their input here and I did speak with Chief Reece. I noticed from what we have seen in here that the first phase of this is not going to be finished for three to four years is that correct?
Mr. Dyrhaug: Yes, that is what was indicated in the statement.
Ms Bagwell: With that being said, we have three to four years to put more Police Staff on board and after talking with the Chief about that he seemed to feel like was that was definitely something that was doable. So, that is my biggest concern as well as traffic and trying to work that out.
Mayor: Okay, Mr. Larson
Mr. Larson: I have a question when we first heard of this it was a pump station for the sewage how did we get from the pump station to gravity flow and why wasn’t gravity flow considered in the first place?
Mr. Dyrhaug: I’ll let Mr. Holmes jump in if he feels I’m not adequately addressing this but they provided us with a revised sewer plan here that I’ve got on the wall that shows they are going to be able to get gravity flow from an existing Western Carolina Sewer line which is over near the Fox Trace Subdivision. This door going out of the room is North so you can orient yourself on this map a little better so this the Fox Trace Subdivision over here and this is this proposed development and this is Harrison Bridge Road. So what they are showing now is that they will be able to provide sewer line from this Western Carolina line that will go into the development and utilize gravity flow. They have also got permission from the property owners and I believe there are easements there or they are being created there is commitment to grant those easements for that sewer from those property owners.
Mr. Larson: You have got the permits and letters and everything from Western Carolina ?
Mr. Dyrhaug: Yes, I’ve got
Mr. Holmes: Western Carolina has given a letter agreeing to accept that flow and I believe that David has a copy of that letter.
Mr. Dyrhaug: I’ve got a copy of a letter from Mr. Brian Bishop from Western Carolina that says that flow capacity will be available and if you need a copy of this letter I will be more than glad to apprize you of that.
Mr. Larson: So you are definitely okay with the gravity flow sewer?
Mr. Holmes: It is technically feasible and there is a commitment on the part of the property owner where that line would be located now to grant the easement. At the time the application was submitted and even as recently as last week at the Planning Commission we didn’t have either of those things we didn’t have the commitment for the easement or Western Carolina ’s confirmation and we now have both.
Mr. Larson: Now does the sewer right of way, that doesn’t follow this 20 foot wide strip?
Mr. Holmes: No it doesn’t. The strip follows existing tax map lot lines which is the logical place that the sewer has to go where the sewer has to go and doesn’t necessarily follow the lot lines.
Mr. Larson: That was my next question, why a 20 foot wide strip why not just take or change a whole parcel?
Mr. Holmes: There are no immediate development plans or plans to sell the remaining portions of those parcels. The Martins who are two of the sellers of some of the property that is being annexed and zoned also own the property across the road where the sewer and the annexation strip would go that would give them or a future owner on the property on the North side of Harrison Bridge the ability to come into the City later if there is a plan of developing that property.
Mr. Larson: Is that just pasture, farm land now?
Mr. Holmes: I believe it is all completely undeveloped. There are some existing houses on some of these properties.
Mr. Dyrhaug: It is rural residential.
Mr. Larson: Is that pond already an existing pond or is that going to be a retention pond?
Mr. Holmes: That is not an existing pond. I have not walked the site but I’ve been told that it is not an existing pond.
Mr. Dyrhaug: If you are talking about this pond right here? No that will be created.
Mr. Larson: Will be an actual pond or will it be a?
Mr. Dyrhaug: It will be a wet retention pond.
Mr. Larson: One more question for clarification, when you are talking about the traffic issue when you say there may be failing segments on Harrison Bridge what are you talking about what does failing segments mean?
Mr. Dyrhaug: That means that there is different levels of each road has a capacity and for a certain number of vehicles to travel in a given amount of time and depending on how many cars are traveling on that section of road in a given amount of time normally a road is given a classification of A, B, C, D, E down to F which represents a failing level of traffic. I don’t have the numbers to substantiate that I think it is more common sense with the some of the developments that the County has approved and some of the studies they have done as well as adding in some of this development there is going to be problems out there. There is probably going to be problems without approving this development as well. Particularly where I see a problem being is right there at the intersection of Harrison Bridge Road and Fairview Road as cars are traveling Eastward along Harrison Bridge Road and coming to that intersection there will probably be some backup there. Mr. Hawes can jump in here because he has some pretty extensive background in this.
Mr. Hawes: Yes Mayor and Council I appreciate you hearing me on this. I’ve seen analysis on Harrison Bridge Road through working on GPATS. The types of developments that have been approved at the County will certainly contribute to deterioration of the LOS, level of service, of Harrison Bridge Road . This one will contribute to some extent but that deterioration is manifested in primarily in a peak hour issue at the intersection of Fairview Road and that is where your LOS is going to drop from currently a C and a C indicates that you could make it through the light without cueing up to an extent that all the cars can’t make it through for a left turn or straight action through the traffic signal. At a peak hour it is conceivable that at full development of these road, parcels you may have to cue through two turns of the traffic signal that is when it drops to a D or an F. We have that throughout the City of Simpsonville currently in a number of places, Fairview at Grandview , Main Street at 14 at peak hour some of those issues are not atypical. It is concern but I will say that Harrison Bridge Road is in line and has been in consideration for upgrading to beyond a two lane road that it is now it is basically a farmed market road that is connected to a five lane that connects to an interstate. So the fact that it has been modeled at the County and State wide levels it is being continuously reviewed for upgrade when funding is available is something that Council needs to take into consideration I would say.
Mr. Larson: So if Fairview at Grandview is a D or an F, what would Woodruff Road be?
Mr. Hawes: Woodruff Road is an F at peak hour and a D at other hours.
Mr. Larson: One other question, do you know what school zones will do with this neighbor?
Mr. Hawes: I would expect that it is Hillcrest but I’m not positive on that?
Mr. Holmes: Elementary might be Forkshoals. It is difficult to get the School District to commit.
Mayor: Let me ask something. I’m glad you mentioned GPAS because you mentioned the 15 foot buffer along Harrison Bridge Road for landscaping. GPAS has been actively for years trying to entities like the Cities and the Counties to set aside right of way for future widening. So I guess my question is to Mr. Dyrhaug is there any consideration been given to for right of way for future widening of Harrison Bridge Road with this property and other properties?
Mr. Dyrhaug: There has been this property will actually be setting aside 15 feet for additional right of way if the State comes in and needs to widen the road. It is the same thing that the other two developments next door are doing as well that I mentioned Marydale and Harling Commons are both preserving 15 feet for future road improvements and that is in addition to the landscape buffer that they are providing.
Mayor: You just answered my next question. So there is potential for sometime in the future if the State needs 30 we can take their landscaping away? Alright, good. Alright, I’m sorry Mr. Curtis you had a question.
Mr. Curtis: Well as usual the Mayor grabbed my question.
Mayor: Oh, I’m sorry.
Mr. Curtis: That’s Okay.
Mayor: Well when you start talking about GPAS that is my baby.
Mr. Curtis: I guess my concern is with the 15 feet is that adequate? I can potentially see this is as the City Administrator mentioned earlier this is a two lane road connecting to a five lane road. I can foresee this becoming a five lane road in the future. If it became a five lane road would that be adequate easement without purchasing land back from this tract?
Mayor: Mr. Hawes do you want to answer that for us?
Mr. Hawes: Yes the standard 5 lane section is 90 feet and that is the right of way to right of way. I would expect that we could work with the developer here if they were to come into the City and we were allowed to work with them if it were to stay in the County all bets are off. I would expect that we could at least preserve no buildings being built within that projected widened right of way and that is what a right of way preservation ordinance typically does it prevents you from building in that right of way it doesn’t necessarily provide that right of way to start with but it prevents you from putting improvements in that area where the road would be widened so that you don’t have to take a building out to widen the road.
Mr. Curtis: I guess what my concern is that the demand for a wider road would be predicated on this very development and the people who own this property would thus stand to profit from the State or the City or whoever owns this road’s need to purchase additional right of way and that just seems like it is kind of a catch twenty two situation to me.
Mr. Hawes: I can understand exactly where you are coming from and that is something we can certainly talk with the developer about now and second reading about if it were to pass on first.
Mr. Dyrhaug: Also, while you brought up the point of first and second reading I’ll be more than glad to furnish you the revised copy of the statement of intent and the preliminary development plan if this makes it through first reading so you will have those documents to review prior to second reading.
Mayor: Ms Bagwell
Ms Bagwell: You mention that the Planning Commission had an issue with the 20 foot wide strip right of way not right of way but deeding that over to us so that we could have contiguity. What is the issue with that exactly? Why were they having problems with that? In their discussions, I know that you can’t read their minds but based on their discussions.
Mr. Dyrhaug: I can’t say I know for certain I think from what I gather there was just concern that it was a considerably long distance to achieve contiguity and that I guess that I’m presuming that they were leaning toward the concern that it may be extending further out than we may be able to responsibly service going that far out.
Ms Bagwell: When you spoke earlier you said that was at the back of Fox Trace is that not the back of Martins Grove?
Mr. Dyrhaug: It’s the back of Fox Trace Subdivision. I’ll go back to the map. This is Fox Trace Subdivision right here and so this is where the annexation strip comes and leads into this track. Martins Grove is over it is close but it actually connects to Fox Trace.
Mayor: Now how far is it from the intersection of Harrison Bridge and Fairview to that property? Guessing?
Mr. Dyrhaug: It is probably a little over a quarter between and a half mile.
Mayor: It’s within our fire service area already?
Mr. Dyrhaug: That is correct.
Mayor: So really the only consideration for service would be Public Works and Police Department? It has already been stated that we are going to need some more Police Officers to cover that so I assume we will probably ask for some more trash guys or prisoners or something okay. So that should address I would think those concerns.
Ms Bagwell: That was my question.
Mayor: Anyone else. Mr. Garrett
Mr. Garrett: You said something earlier about 100,000 square feet office space?
Mr. Dyrhaug: In the statement of intent they are required to indicate the maximum square footage of that type of space that they might possibly have there and in their statement of intent they have broken it down into two parcels or two tracks one on each side of their driveway. They have broken it down into two tracks one on each side of their driveway and in the statement of intent they have stated that office space will not exceed 60,000 square feet on each side and they have also indicated so that is where the 120,000 square feet comes from. They have also indicated that there will not be any building there that will be larger than 15,000 square feet so you can probably see how that 120,000 square foot figure is really a pie in the sky type number I doubt that they will really come close to it but that is what has been indicated. If you are talking about buildings that are only 15,000 square feet or smaller you are probably not going to approach that 120,000 square foot number.
Mr. Garrett: Most of these buildings have they told us whether they are going to be single story or multistory?
Mr. Dyrhaug: They have provided us with some sample elevations of what they envisions these buildings of appearing or how they envisions these buildings appearing and so I’m just going to scroll through some of these on the wall here really quickly but these are the types of buildings they have envisioned. You can see they are single story buildings brick façade with a pitch roofs and basically the intent here is to create an appearance of or I should say an illusion of a building that looks like single family residential so that is what they are striving to accomplish there.
Mayor: Okay. Mr. Garrett. Good? Okay Ms Sanders.
Ms Sanders: Does Staff have any recommendations with the revisions? Does Staff have any recommendations with the revisions?
Mr. Dyrhaug: I think that eliminating the commercial and eliminating the pump station represents some pretty significant progress. I think that while there are still a few some concerns it’s obviously less. The advantages of annexation I think are pretty substantial as well and if I were to weigh one again the other I don’t well I guess fortunately I don’t have to vote but I have worries about it not being annexed and I have worries about it being developed in the County and I like I said I think we have made some good progress with where the developer has gone so far and they could all be for naught if it gets developed in the County.
Ms Sanders: The point is it will probably be developed the question is whether or not we have anything to say about it at this point correct?
Mr. Dyrhaug: Right
Mayor: Okay alright Mr. Larson.
Mr. Larson: I just wanted to clarify that the office space that you are talking about and the examples we were given we were not when Mr. Garrett said 150,000 square feet office space you are not talking about the two and three story office building by any means?
Mr. Dyrhaug: No, I think it even specifically states in the statement of intent that they are one story building consist of brick and stone and hardiplank.
Mayor: Okay anyone else? Okay Mr. Curtis
Mr. Curtis: Well I’m just going to give an opinion as it appears that the developer has worked to try to resolve some of the issues and concerns that have been brought up as this probably will be developed one way or the other. I think that it will be in our best interest to pass it on first reading and see how much more progress can be made before second reading.
Mayor: Okay Mr. Larson
Mr. Larson: Yes I just want to add to that I think we would be a lot better off having this as a part of the City than letting the County doing its thing.
Mayor: Okay anyone else? Alright the motion before us is to not accept the motion of the Planning Commission so if you vote yes that means you would like to annex and go forward and no. Mr. Holmes
Mr. Holmes: Mayor just for clarification can I just make sure that the motion is to approve the petition for annexation but to overrule or overturn the Planning Commission and give it a zoning classification as requested in the petition for annexation.
Mayor: Thank you for clarifying that because this is two separate - the reason you say that is because we have an annexation and zoning so. Thank you for pointing that out. That was your motion wasn’t it?
Mr. Larson: Yes that is what I said?
Mayor: Okay that was certainly the intent so we all got it. Anybody got questions we all know where we are going with this? Okay I will remind Council this is the first of two readings so I’ll call for the vote all in favor signify by saying AYE, opposed NO, AYE’S have it. It’s unanimous. Thank you, Mr. Dyrhaug.
OLD BUSINESS: ORDINANCES 2 ND READING :
Mayor: Next we move onto old business and we have ordinances up for second reading and Mr. Mike Craven is going to come up and talk to us about flood damage protection ordinance. I can’t wait to hear this. Mr. Craven: Mike Craven Building Inspector and Flood Plain Manager
Mayor: So good to see you Mr. Craven
Mr. Craven: Thank you very much I’m so glad to be here. This is an adoption of our floodplain ordinance. We’ve had a floodplain ordinance since 1987 it’s had numerous amendments to it required by the department of natural resources and FEMA. Their last request which was quite a lot of changes they sent a model code which they asked me to look at and that is what you are looking at in your package.
Mayor: That is what we are about to look at in our package.
Mr. Craven: Oh, okay.
Mayor: Excuse me, I’m sorry. So therefore
Mr. Craven: Therefore second reading we can bring ourselves up to date with the State, with FEMA and with the Department of Natural Resources at their wishes.
Mayor: Okay
Craven: Ours was getting a little bit ragged with all of the amendments.
Mayor: Let’s get a motion so that we can talk about it a little bit. I’ll entertain a motion in this regard.
Mr. Curtis: Mr. Mayor I make a motion.
Mayor: Mr. Curtis
Mr. Curtis: That we pass that we pass let me form this properly. I make a motion that we pass the flood damage protection ordinance as presented to us.
Mayor: Thank you Mr. Curtis. Do I hear a second? Mr. Larson
Mr. Larson: Second
Mayor: Thank you Mr. Larson.
Mayor: Any Discussion? Okay just so that I’m clear on it, this is establishing identifying floodplains on all the creeks and things in our City and establishing those boundaries.
Mr. Craven: Correct
Mayor: Not much beyond that right?
Mr. Craven: It does give us the power to control any changes of waterways, any encroachments on the floodplains, the types of construction that could go in these areas, it has to do with flood insurance that is if you build in this you could not get flood insurance this goes back to Jimmy Carter President Carter’s Law of 1977 is where it all started.
Mayor: So all of that which you just mentioned are things that we have had in place for years and years.
Mr. Craven: Had in place since 1987 this is almost like a text amendment if nothing else.
Mayor: I guess that is a better that was my question we are really just establishing
Mr. Craven: We are not changing anything.
Mayor: Except boundaries in a couple of places.
Craven: Not really
Mayor: Really we are not?
Mr. Craven: The boundaries are set by our FEMA panels they were recently done in December 2004. If you were going to build in the City and you wanted to know if you were in the floodplain you would come to this office and we would look and see if you were close to it of course it would be up to your surveyor to make sure and if you were building there would be certain restrictions as to what you could build and where on that property.
Mayor: So as Government often does we are just kind of talking about preparing new great big thick documents to do pretty much what we have been doing all along?
Mr. Craven: It’s all part of the new
Mayor: I love it.
Mr. Craven: Paper reduction
Mayor: Alright anyone else? Alright thank you Mr. Craven for your fine presentation. 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, opposed No. AYE’S have it. So that passes and that is a done deal. Mr. Dyrhaug you are back up with a zoning map amendment request.
Mr. Dyrhaug: This next item is up for second reading and this is a rezoning at 707 West Georgia Road property owned by Casey and Willie Robinson presently zoned RM and they have requested to rezone it to C2. It is just a single property about 4/10 an acre in size and right now there are multi family dwellings on that property.
Mayor: Okay
Mr. Dyrhaug: Just to refresh you this is where it is located at it is on West Georgia Road just past the I-385 intersection between Westwood Drive and Cheyenne Drive .
Mayor: Beautiful blue concrete building, concrete block building.
Mr. Dyrhaug: That is correct. Just to remind you it was recommend approval for at the Planning Commission Meeting.
Mayor: Okay alright I’ll entertain a motion in that regard. Ms Bagwell.
Ms Bagwell: I move we accept z2008-04 the zoning of 707 West Georgia Road .
Mayor: Thank you Ms Bagwell. Do I hear a second?
Mr. Larson: Second
Mayor: Mr. Larson seconds. Any discussion? Mr. Larson
Mr. Larson: I have a question is the according to the way that drawing is that property does not touch West Georgia Road or is that the right of way?
Mr. Dyrhaug: It does that fronts right on the right of way this map probably gives it a little better picture but what is in white here is actually the right of way and so you can see here that it fronts right on that right of way.
Mr. Larson: Okay but the actual property line is that far back from the actual paved road?
Mr. Dyrhaug: No that those lines are a little bit misleading because I think those lines represent how West Georgia Road use to be aligned and it has been since realigned and so it is actually closer to the front of the property.
Mr. Larson: Okay
Mayor: Okay anyone else? Alright 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, opposed No. The AYE’S have it. It is unanimous. Alright Mr. Dyrhaug tell us about text amendments.
TEXT AMENDMENTS 2 nd READING :
Mr. Dyrhaug: Alright this last item is a text amendment to amend the C-1N zoning district which is our neighbor commercial zoning district that we have here in the City. Basically the purpose of this is to simplify the review the process for neighbor commercial developments by updating the outdated list of uses permitted in that district as well as creating a more finite list of uses that could be permitted by special exceptions. I’m not going to go through of all the uses again this time unless you would like me too and you can ask me too and I’ll be more than glad to do that but this primarily affects properties along Main Street and West Georgia Road and Fairview Road . Those are the locations or those or the places in the City where we have neighbor commercial zoned properties and I just want to make a clarifying point to last time when we reviewed this at first reading I was asked a question if this meant that someone could put a hotdog stand in somewhere like Poinsettia and I miss answered that question I didn’t understand it until I went back and read through the minutes but this does not mean that someone could put a hotdog stand in Poinsettia or any other subdivision. This just primarily affects subdivisions that are currently zoned neighbor commercial and makes it a little bit more makes it easier for them to develop so they don’t have to go through so many bodies of review where in traditionally they have had to be reviewed by the Board of Zoning of Appeals and the Planning Commission. This makes it a little bit simpler for them.
Mayor: Well personally I would like to see a hotdog stand in Poinsettia but that is another story. That is on the record. I’ll entertain a motion in this regard Mr. Larson.
Mr. Larson: I make a motion that we approve TX-2008-03 Amendment regarding C-1N Zoning District.
Mayor: Thank you Mr. Larson. Mr. Curtis
Mr. Curtis: I’ll second.
Mayor: Thank you Mr. Curtis. Alright any further discussion. Ms Bagwell.
Ms Bagwell: What is directly across the street from us here is that zone C-1N? Okay I didn’t think so but I wanted to confirm.
Mr. Dyrhaug: The Downtown area is primarily is zone C-1.
Ms Bagwell: But on the outside of the direct the immediate Downtown say down towards the Bed and Breakfast that is more C-1N yes?
Mr. Dyrhaug: That is RM actually. This map shows you where the C-1N properties are located in dark red. This is the Downtown area right here this is where we are at right at that dot and so the nearest C-1N to us is up by Piney Circle and then down on towards Chancellors Park.
Ms Bagwell: Thank you.
Mayor: Alright anyone else? I’ll remind Council this is second reading and final reading and I’ll call for the vote. All in favor signify by saying AYE, opposed No. AYE’S I have it. It is unanimous and it passes. Mr. Dyrhaug thank you for your fine work tonight and also all those who have left after they did their fine work thanks to them. We have a need for an executive session tonight to discuss a contractual matter relating to a development agreement and to discuss a legal matter relating to the Administration Department so I will entertain a motion in that regard. Ms Sanders.
EXECUTIVE SESSION
Ms Sanders: I move we go into executive session.
Mayor: Thank you to
Ms Sanders: To discuss a contractual matter regarding a development agreement and a legal matter in the Administration Department.
Mayor: Thank you Ms Sanders. Do I hear a second?
Mr. Garrett: Second
Mayor: Thank you Mr. Garrett. All in favor signify by saying AYE, opposed No. AYE’S have it. It is unanimous. We are in recess and then we will be in executive session for some period of time. Thank you all for coming those of you who are left.
Mayor: Came out of Executive Session at 8:05 no action taken. I will entertain a motion.
ADJOURNMENT
Ms. Sanders: I move we adjourn this meeting
Mayor: Do I hear a second?
Ms. Bagwell: Second
Mayor: All those in favor signify by saying Aye (AYE) opposed No. Aye’s have it, we are adjourned.
Respectfully Submitted,
Melinda Zeller City Clerk
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