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Town of Holly Springs Board of Commissioners Regular Meeting Tuesday, Jan. 19, 1999 MINUTES The Holly Springs Town Board of Commissioners met in regular session on Tuesday, Jan. 19, 1999 in the Town Board meeting chambers, located in Town Hall, 128 S. Main St. Mayor Gerald W. Holleman presided, calling the meeting to order at 7:34 p.m. A quorum was established as the mayor and all five board members were present as the meeting opened. Board Members Present: Hank Dickson, Jim Dolle, Parrish Womble, Ken Martin and Tim Sack. Board Members Absent: None. Staff Members Present: Ernie Pearson, town attorney; Joni Smith, town clerk (recording the minutes); Don Mizelle, planning director; Jennifer Carr, director of community development; and Cecil Parker, chief of public safety. John Ellis, finance director, arrived later in the meeting. 2 and 3. The pledge of allegiance was recited, and the meeting opened with a moment of silent meditation. 4. Agenda Adoption -- Mayor Holleman added an item, ratification of a construction contract with the lowest qualified bidder for the construction of Ballentine Street, to the Consent Agenda. Commissioner Sack moved that the adjusted meeting agenda for Jan. 19, 1999 be adopted. Commissioner Dickson seconded the motion, which carried unanimously.
At this time, Mayor Holleman recognized Troy Davis. Mr. Davis reported that the company that owns the group homes is purchasing his house on Avent Ferry Road. He further reported that he and his family are closing on another home in Holly Springs a few days later. He said it looks like he, his wife and daughter will be moving into their new home next week, and they are happy about it. 5. Special Presentation -- Mayor Holleman presented proclamations to representatives of the S.O.T. Organization and the Citizens Action Committee commending both groups for working together during the holidays to help local families in need. 6a. Public Hearing: Rezoning Petition 98-R-17 -- Mr. Mizelle explained that the petition was filed by Stafford Land Company and requests C-1 zoning for property located just south of Parkside Village on Hwy. 55. The property is located in an area designated on the Comprehensive Growth Plan as commercial. Mr. Mizelle said the Planning Board had reviewed the petition and recommends approval of the request. With this explanation completed, Mayor Holleman opened the public hearing. No comments were offered for or against the petition. There being no comments, the public hearing was closed. 6b. Public Hearing: Rezoning Petition 98-R-20 -- Mr. Mizelle explained that the petition was filed by Rodger Carter who owns 28 acres located adjacent to the industrial park. The Hwy. 55 Bypass alignment forms the eastern edge of the industrial park, Mr. Mizelle said. He added that the biggest block of property that is being petitioned lies on the western side of the proposed Bypass alignment. A tiny sliver of the property, however, lies to the east of the alignment. On the Comprehensive Plan, Mr. Mizelle said, all property on the west side of the Bypass is designated to be Light Industrial. Everything to the east is designated to be residential. Mr. Mizelle forwarded the recommendation of the Planning Board. The Planning Board recommends that the largest portion of the Carter property, which lies to the west of the Bypass alignment, be rezoned as requested and that the remaining sliver of property that exists to the east of the Bypass not be rezoned, but remain R-20. With this explanation completed, Mayor Holleman opened the public hearing. The following comments were recorded: Glen Murdaugh, 408 Ballentine St. -- Mr. Murdaugh said he agrees with the Planning Board recommendation, but asked that if the Bypass alignment has not been cast in concrete, what would happen if the alignment of the Bypass moves further to the west? Commissioner Martin said the language of the rezoning would state that property that lies west of the Bypass be zoned Light Industrial and to the east of Bypass, R-20, regardless of where that line ends up being.
Rodger Carter, the owner of the property -- Mr. Carter said he initiated the rezoning petition after seeing that the property was designated as LI on the Comprehensive Growth Plan. He said he felt that the Bypass alignment is pretty definite. He added, however, that if the alignment is shifted, he would hope that it is shifted to the east in order to take in his small remnant of property. He attempted to assure residents that even if the sliver of property were to be rezoned to Light Industrial along with his larger tract, as he would prefer, the allowable uses in this zone are non-offensive and would not pose a threat to the residential property that is in proximity. With that said, he appealed to the Board to rezone the entirety of his property to LI. He said the remnant is too small to accommodate development of any residential nature, especially R-20. He said a storage facility of some type might be suited to the property, but he would prefer that the property not be rendered useless by an R-20 zoning district.
Jonathan Gibbons, 217 W. Ballentine St. -- Mr. Gibbons said he was concerned that access to the property would be via Ballentine Street. He said he felt a stipulation should be placed on the zoning that development could not begin on the property until the Bypass is completed and provides an alternate access. Mr. Murdaugh -- Mr. Murdaugh approached the Board again, stating that he understands the property owner's position, but is still concerned that increasing traffic on Ballentine Street will be further aggravated by entrance and egress to the property. George Hamzik, 5112 Salinas Ct. -- Mr. Hamzik asked if the sliver could be used as a park, maybe purchased by or donated to the Town. Bill Clark, 405 W. Ballentine St. -- Mr. Clark said he supports Mr. Murdaugh's comments regarding access. He also supports rezoning the property to LI on the west side of the Bypass and keeping it R-20 on the east. David Rietmeyer, 320 W. Elm St. -- Mr. Rietmeyer said he supports the proposal recommended by the Planning Board. Mr. Carter -- Mr. Carter addressed residents' concerns. As for the bypass construction timeline, Mr. Carter said Irving Parkway would provide the entrance to the property, although Irving Parkway is planned to connect with Ballentine Street extended. The only portion of Ballentine Street that would be used to get to the property would be the portion that will exist within the industrial park. As for concerns about the timeframe of the Bypass construction, Mr. Carter said he had no immediate plans to develop the property. He explained that, currently, the land is providing timber and he said he intended to hold the property and allow the existing growth to finish before any development begins. That would be several years, he said. As for the request that the remnant of property that lies east of the proposed Bypass alignment no be rezoned, he asked residents to consider that the property would be rendered virtually useless by any other zoning classification than Light Industrial. He did say he felt that if the property were to remain R-20, he might be able to convince DOT to adjust the highway alignment so that all of his property ends up on the west side of the roadway. There being no further comments, the public hearing was closed. 7a. Anthony Christopher Request -- Mr. Christopher had submitted a request by way of the Town Clerk's office that the Board consider establishing a policy whereby residents would be allowed to pay tap-on and impact fees for second water meters over a period of time. Commissioner Sack said he had no problem with a policy stating that residents would be given the option, if needed, to take up to four months to pay the combined tap-on fees and impact fees. Commissioner Sack moved that residents be allowed to pay tap-on fees and impact fees for second water meters over a period of time not to exceed four months and that the payment and penalties be tied to the customer's primary residential water meter. Commissioner Dolle seconded the motion, which carried unanimously. A copy of the agreement that residents will be asked to sign to set up the payment plan and setting out penalties for non-payment is incorporated into these minutes as an addendum page. 7b. Cross Pointe Village Communication -- Mrs. Carr reported to the Board that construction drawings for infrastructure improvements in the Cross Pointe Village Subdivision are expected to be completed this week. Following, the bid opening for construction of infrastructure improvements will take place, she said. The footings are scheduled to poured for the subdivision's model homes, and a March ground-breaking is being planned. Following the groundbreaking, marketing of the subdivision will begin for qualified buyers. No action taken.
7c. Stuart Barnes Request -- Mr. Barnes addressed the Board with his request. Mr. Barnes explained that, in mid-November, he found 104 Ballentine Street as a rental property that would be available for his Hometown Communications cellular phone business. He said he and his partner negotiated with the property owner through a rental agent to make exterior and interior improvements to the cinderblock building. When improvements were completed, Mr. Barnes said, he arrived at Town Hall to inquire as to what he needed to open his business. He was advised that he only needed a privilege license. He purchased the privilege license and proceeded with his plans to open. On Jan. 5, when he was about ready to open, he again visited to Town Hall to inquire as to requirements for signage for the building. That is when he learned that there were problems with the building's not being in conformance with the zoning district in which it sits. As a renter, Mr. Barnes feels caught in the middle between the property owner and the requirements of Town Code. He said he believes the main issue is the parking, sidewalk and street improvements that would be required, amounting to about $20,000 in construction. He said he understands the landowner is not willing to make that investment into the building. Mr. Barnes asked that the Board allow him to open as scheduled while the Town continues working with the property owner to get the property into compliance with the Town Code governing Village Business Districts. Commissioners agreed that some requirements of the VBD were inappropriate for this property (i.e. a requirement that buildings be two-story). Commissioners agreed that some of the requirements like landscaping and screening could be accomplished with little expense and that the major cost items would be the required street widening of Ballentine Street, sidewalk construction and parking. Mr. Pearson advised the Board that it might be desirable for the Town to temper its desire to bring properties up to standards with property owners' rights and try to get reasonable concessions when possible. He said the Town's planning department could work with owners and tenants, but he advised that the Board might want to give specific negotiation directions to the planning department during Closed Session. Commissioner Dickson said he would like to see the Town extend permission to the company to open before improvements have been made to the property. He said he felt that, by the time the company has been up and running for a year or two, the downtown development would be taking shape, and the property owner might be more inclined to make improvements. Commissioner Sack said he agreed that allowing the business to open for a year would be acceptable while the Town continues working with the owner of the property. No action taken other than the suggestion that the item be further discussed in Closed Session. 8a. Rezoning 98-R-17 -- Commissioner Dolle moved that Rezoning Petition 98-R-17 requesting C-1 zoning for 10 acres currently zoned R-20 and located on Hwy. 55 be approved. Commissioner Womble seconded the motion, which carried unanimously. 8b. Rezoning Petition 98-R-20 -- Commissioner Sack moved that the Planning Board's recommendation regarding Rezoning Petition 98-R-20 be approved, assigning a Light Industrial zoning district to the property that lies to the west of the Bypass alignment as requested, but maintaining the R-20 residential district on the portion of property that lies to the east of the highway alignment in accordance with the Town's adopted Comprehensive Growth Plan. Commissioner Dolle seconded the motion, which carried unanimously. 9. Consent Agenda -- Commissioner Martin moved that all items on the Consent Agenda be approved. Commissioner Womble seconded the motion, which carried unanimously and affected the following actions: 9a. Valleyfield Swimming Pool Site -- The preliminary site plan for Valleyfield swimming pool site was approved as presented in the Board packets. 9b. Minutes -- Minutes of the Board's regular meeting held Dec. 1, 1998; a special meeting held Dec. 30, 1998; a regular meeting held on Jan. 5, 1999; and a special meeting held on Jan. 14, 1999 were approved. 9c. Ballentine Street Construction -- A construction contract with Bunn Olive Grading and Construction was ratified for the project at a cost not to exceed $84,550.76. Mrs. Sudano had explained that the contract was issued under the impression that no Board action was needed. She explained by way of the Agenda Notes that her office had received two informal bids for the project and that $90,000 is available in the budget for the work. Of the two bids received, the best qualified bid came from Bunn Olive Grading and Construction. 10. Other Business -- Mr. Murdaugh asked the Board if the feasibility of utilizing Treatment Plant Road for truck traffic instead of Ballentine Street could be done. Mayor Holleman said it could be done, and he would report at the Feb. 2 meeting. 11. Mayor's Report -- None that resulted in action. 12. Commissioners Reports -- None that resulted in action. Commissioner Dickson did request that a proclamation honoring the Citizens Action Committee be prepared for a meeting agenda during February. Commissioner Dickson asked if a report could be made of the technical assessment of Town Hall. Mayor Holleman said he would check with Mrs. Sudano and ascertain whether or not a report could be presented on Feb. 2. 13. Closed Session - Commisioner Sack moved that Commissioner Dolle be excused for a portion of the Closed Session in which a personnel matter would be discussed and to readmit him for all other discussion and action. Commissioner Dickson seconded the motion, which carried unanimously. Commissioner Sack moved that the Board recess for five minutes before reconvening in Closed Session for the purpose of holding discussions appropriate to the Closed Session exception in the General Statutes. Commissioner Dickson seconded the motion, which carried unanimously. No action was taken in closed session other than the motion to return to open session. Commissioner Sack moved that the Board return to Open Session. Commissioner Martin seconded the motion, which carried unanimously. A General Account of the Closed Session follows: General Account of Closed Session In Closed Session, the Board discussed the foreclosure of residential property on which the Town holds a second lien. Mayor Holleman recommended that staff attend the property sale to see what the sales price ends up being before options are considered. The Board also discussed a non-conforming property in the Village Business District. It was decided the Town would work with the property owner to allow time for him to bring the property better into compliance with the zoning regulations. The Board also discussed a commercial property on Hwy. 55 and difficulties faced by the owner in meeting the Town's commercial regulations and whether or not the Town could provide relief from requirements or other incentive to assist the expansion of this existing business. It was determined that a site plan for the current property would be needed before further discussion. The Board discussed with the Town Attorney the feasibility and offering an incentive policy for certain commercial and industrial interested in locating or expanding in Holly Springs. The Board discussed qualifications of candidates for the position of Town Manager.
In open session, Commissioner Womble moved that a draft incentive policy for new or expanding industry and commercial interests be adopted. Commissioner Dickson seconded the motion, which carried unanimously. A draft copy of the text of this policy is hereby incorporated into these minutes as addendum pages. 13. Adjournment -- There being no further business for the evening, the Holly Springs Board of Commissioners meeting of Jan. 19, 1999 was adjourned at 11:10 p.m. following a motion by Commissioner Sack, a second by Commissioner Womble and a unanimous vote. Respectfully Submitted on Tuesday, Feb. 2, 1999, _________________________________________ Joni Smith, CMC Town Clerk Addendum pages, as referenced in these minutes, follow and are a part of the official record of this meeting. |