Town of Holly Springs

Board of Commissioners Regular Meeting

Tuesday, Nov. 7, 2000

MINUTES

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, Nov. 7, 2000 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 7:31 p.m. A quorum was established as the mayor and four board members were present as the meeting opened.

Board Members Present: Commissioners John Schifano, Parrish Womble, Peter Atwell and Hank Dickson and Mayor Holleman.

Board Members Absent: Commissioner Tim Sack

Staff Members Present: Richard B. Self, town manager; Ernest C. Pearson, town attorney; Joni Powell, town clerk (recording the minutes); Cecil Parker, chief of public safety; Gina Bobber, planning director; Jennifer Carr, director of economic development; Len Bradley, director of parks and recreation; and Stephanie Sudano, director of engineering.

2 and 3. The pledge of allegiance was recited, and the meeting opened with a moment of silent meditation.

4. Agenda Adjustment – The Nov. 7, 2000 meeting agenda was adopted with changes, if any, as listed below.

Motion Made By: Schifano

Motion Seconded By: Dickson

Vote: Unanimous.

Items Added to Agenda: Presentation of a mayoral proclamation declaring Nov. 8 World Planning Day in Holly Springs.

Consent Agenda Items Moved to New Business: None.

Other Changes: None.

5a. 00-COM-13, Mims Towne Square – Ms. Bobber explained that Mim’s Towne Square is a proposed 16,120 square foot office/retail development in the Town Center along Avent Ferry Road at the intersection with N. Main Street immediately north of the Town Hall property. The proposal is for the construction of two buildings that are proposed to have a varied facade to appear like a row of old “downtown” style buildings. Detailed architectural renderings, however, will be submitted for review and approval by the Planning Board and Town Board prior to site development, Ms. Bobber said. The subject review for the evening is for the site plan only, she stressed.

Ms. Bobber explained that two versions of the site plan were submitted to the Planning Board. Both versions have the same site plan and building footprint proposal, which meets all zoning requirements and meets the intent of the Town’s Comprehensive Growth Plan for the Town Center/Village Activity Center, Ms. Bobber said. Both versions also provide for an expansion of the existing Town Hall parking lot by 17 spaces as well as 3 on-street parking spaces along the west property line and provide for bicycle parking. Avent Ferry Road would be widened with on-street parking to the west of the site. Additionally, sidewalk would be placed on three sides of the project. Utilities already exist at this site. The developer would have to re-configure the drainage system in the area and would be eliminating a ditch line by providing additional piping. Water is available at the site and would require the addition of backflow prevention devices. Sewer is also available at the site and may require the addition of a grease trap, if restaurants locate at the site.

The only difference between the two versions presented to the Planning Board was the proposal for off-site improvements, Ms. Bobber said. Version “A” maintained the current layout and design of the Town Hall parking lot and the closure of the Avent Ferry Road entrance.

Version “B” included a redesign of the Town Hall parking lot so as to divert “cut-through” traffic and open the Avent Ferry Road entrance. The Planning Board recommended approval of Version “B” and did not recommend approval of this project if the Town Hall parking lot is not redesigned to open the Avent Ferry Road entrance, Ms. Bobber reported.

Ms. Bobber said staff supports the proposed layout changes to the parking lot as it will reduce the “cut-through” traffic problem that currently exists. The existing parking lot must be “re-constructed” to allow the plan as shown. The Planning Board felt that the Town has agreed to take on the responsibility of providing “DOWNTOWN” parking and therefore should be responsible for the improvements to the existing Town Hall parking lot (if the Town truly wants to establish a downtown area).

After the Planning Board meeting, Ms. Bobber said, staff met with the developer to further discuss the “re-construction” of the Town Hall parking lot and the costs associated with such redesign. An agreement was reached that clarified the responsibilities of the Town and the responsibilities of the developer. These agreements are shown and specified on Version C of the Site Plan for Mim’s Towne Square. This plan provides for a less expensive re-construction than the improvements as shown on the original Version B which creates a more attractive package for the Town. An additional discussion between the Town and the developer included the possibility of crediting the developer of certain development fees in exchange for completion of some of the parking lot “re-construction” improvements as noted on Version C of the Mim’s Towne Square Site Plan. Engineering Staff would work with the developer, Bob Stafford, to create a developer agreement on the finalization of the improvements and credits, Ms. Bobber said.

In closing, Ms. Bobber said the staff recommendation is as follows: Approve Site Plan/Zoning Permit for Mim’s Towne Square, 00-COM-13 Version C, as revised by the Town of Holly Springs dated Revised November 3, 2000 with the following conditions:

1. Architectural details to be submitted to the Planning Board and Town Board for Approval.

2. Town to work with developer to maintain access to the public parking lot from both Avent Ferry Road and Main Street.

3. Town Board agrees to participate in the completion of the parking lot improvements as designated on the proposed Version C Site Plan for Mim’s Towne Square.

4. Town Board agrees to accept the dedication and maintenance of the new parking area to be constructed by the developer as designated on the proposed Version C Site Plan for Mim’s Towne Square.

5. Along the front of the building planters, benches, grates, and tree trunk protectors are to be provided.

The following items will be required on construction drawings:

1. Provide more detailed information on the possible creation of a “STOP” type intersection at the curve of Avent Ferry Road.

2. Lighting plan to be submitted with 1st submittal of construction drawings.

3. Confirmation of the capacity of the downstream drainage structures.

4. More detail on water system items: knox box, RPZ locations, service sizes, etc.

5. Sanitary sewer details including service size, grease trap details, etc.

Following that explanation, the Board entered in a lengthy discussion regarding the site plan. Commissioner Atwell was particularly concerned that the site plan calls for the buildings to front Avent Ferry Road, and he feels strongly that the project should be reoriented so that it provides more of a presence on Main Street.

Mr. Michael Weeks, a design partner with the developer, pointed out that the Town’s Village Business District development regulations would prohibit a Main Street orientation of the building because of the maximum front setback of five feet.

Ms. Bobber explained that the Village Business District zoning district was established with unique characteristics that would promote and foster a pedestrian-friendly downtown center. The setback requirements of the VBD and vision clearance requirements of DOT would prevent change in orientation of building, she agreed.

Commissioner Schifano suggested that the Main Street side of the building be architecturally designed to appear as a building “front,” but not be intended to serve as a main entrance. He said that would give the building a Main Street frontage feel, but allow the building to be set back far enough from the highway to feature a safe sight clearance.

Mr. Weeks agreed that this could be done, and Ms. Bobber said it was a viable option for the developer.

Commissioner Atwell said he would prefer a change in the Town’s setback requirements so that more of the building could front Main Street and eliminate the parking area featured on the site plan.

Mr. Weeks maintained that the plan before the Board this evening was done in strict accordance with the Town’s existing ordinances, and that manipulation of the buildings on the property would either eliminate parking or the historic Mims drugstore building. The existing site plan, he said, meets the Town’s ordinances, satisfies all NCDOT requirements for Hwy. 55; provides an attractive start to the Town Center project; preserves the drugstore building; provides adequate parking with attractive screening for users of the Mims Towne Square; and could be designed to have a Main Street “front entrance” appearance.

Commissioner Schifano said he felt that the Town’s future, according to artist renderings and development of preliminary Town Center ideas, would feature more of an east-west orientation than it currently has with Hwy. 55 running down the middle north-south. He said he felt the buildings shown on the site plan facing Avent Ferry Road was in keeping with that vision. He added that he felt the layout on the site plan would provide more of an inviting approach to the center of Town.

Commissioner Atwell said he agreed the site plan suited Avent Ferry Road frontage, but that he still would like to see just as an attractive frontage along Main Street, including the elimination of parking areas within sight of Main Street.

Mayor Holleman suggested a decorative brick wall be built to hide the parking lot. Ms. Bobber pointed out that attractive screening of the parking area was included on the site plan.

Though Commissioner Schifano said he had no reservations about the site plan, he respected the opinion of Commissioner Atwell and asked if the Board wanted to send the site plan back to the Planning Board for input.

Action: Commissioner Atwell moved that the Board send the site plan back to the Planning Board for a discussion on the orientation of buildings. Commissioner Schifano seconded the motion. More discussion followed.

The developer, Mr. Bob Stafford, addressed the Board. He pointed out that the site plan for the Mim’s Town Square project already had undergone three Staff reviews; was built in accordance with the Town’s current ordinances; and had received a unanimous approval recommendation from the Planning Board. He said he strongly objected to the Town Board’s intentions to send the site plan back to the Planning Board and its suggestions that the ordinance be rewritten and applied to his site plan after pains had been taken to follow the existing ordinances.

Commissioner Dickson said he would be content with the site plan, as long as the Town Board was free to review and adjust architectural standards so that the project would provide a Hwy. 55 presence. He said what was important to him is not so much the orientation of the buildings on the property, but the content of the buildings and how they look once they are erected. He said he was not sure he was in favor of sending the site plan back to the Planning Board.

Action: Commissioner Atwell rescinded his motion to the send the site plan back to the Planning Board. Commissioner Schifano rescinded his second to the motion.

Mr. Weeks assured the Board he could dress up the appearance of the Hwy. 55 side of the building to look like an entrance.

Commissioner Atwell said he would like to see the building expanded and the parking shifted internally instead.

Mr. Stafford said ordinances in place would prevent a shift in the buildings because not enough space would be left on the property for the parking that is required.

Action: Commissioner Atwell made a motion that the Board defer action on the site plan until its Nov. 21, 2000 regular meeting to give Staff and the developer time to determine whether or not the site plan could be amended to orient the buildings on Main Street.

Before a second to the motion was offered, Mr. Stafford addressed the Board and said he respectfully requested an “up or down” vote this evening on the site plan before it. He said site plans were expensive to redraw and that he did not believe what Commissioner Atwell is requesting could be done within existing Town ordinances anyway.

Mayor Holleman said he not perceive a complete redrawing of the site plan, but a discussion of whether or not for sure a building reorientation could be done within ordinances.

Mr. Weeks explained that designers did look initially at a Main Street orientation, but the only way for the project to provide the parking that is required by ordinances would be to tear down the drugstore building. He explained that there was not enough room in the middle to provide travel lane and parking space.

Final Motion: The Board approved a motion to approve Site Plan/Zoning Permit for Mim’s Towne Square, 00-COM-13 Version C, as revised by the Town of Holly Springs dated Revised November 3, 2000 with conditions enumerated in the Staff Report and Recommendation.

Motion By: Womble

Second By: Dickson

Amended Motion: Commissioner Dickson moved that approval as noted in the original motion be granted, but upon the settlement of any outstanding debts that may be owed the Town by Mr. Stafford one of the developers (Mr. Stafford) by Nov. 30, 2000.

Second By: Womble

Vote on Amended Motion: 3-1. Commissioners Schifano, Womble and Dickson voted for. Commissioner Atwell voted against. Disposal of the Amended Motion negated need for action on original motion.

5b. Animal Control – Public Safety Chief Cecil Parker reported on the topic of a local animal control program. He estimates that the approximate cost of starting a local animal control program up would be about $100,000 for equipment, personnel, training and outfitting. Chief Parker outlined his report to the Board, which is incorporated into these minutes as addendum pages. The report includes what steps would need to be taken in implementing such a program and the estimated cost of start-up and maintenance. According to the report, this is a program that most likely would need to be implemented in the next fiscal year, if the program is something the Board desires to undertake at all.

Chief Parker explained that the Town has three options: leave responsibility and expense of animal control with Wake County; to share in responsibility and cost with Wake County; or, to take on the full responsibility and cost of animal control.

Chief Parker proposed that the Town share the burden of animal control with Wake County. He suggested that the Town hire one officer, train him; get ordinances, policies and procedures in place; and put facilities in place before launching the program.

He reported that his department receives about one animal control call a day now, mostly due to animals running at large or incessantly barking dogs. He said of the calls received last years, 12 were calls in response to animal bites. The chief estimated that the animal control type of calls would increase dramatically once a local program was in place.

Chief Parker requested that the Board provide direction as to its intentions so that staff could take preliminary steps now to make sure the program is implemented in a timely fashion in FY 2001-02.

Mr. Self pointed out to the Board that the Town could only provide a 40-hour a week program, and residents and the Board would need to fully understand the limitations of such a service. He said at other times, Wake County would be relied upon to provide service in Holly Springs.

Action: The Board approved a motion to direct the Town Manager to take steps now so that a local animal control program, in cooperation with Wake County Animal Control, can be launched July 1, 2000.

Motion By: Womble

Second By: Schifano

Vote: Unanimous.

A copy of Chief Parker’s report to the Board is incorporated into these minutes as addendum pages.

5c. Appearance Committee – The Board deferred action on this agenda item requesting appointments to the Regional Appearance Committee of the Triangle J Council of Governments.

At this time, Mayor Holleman issued a mayoral proclamation declaring Wednesday, Nov. 8 World Planning Day in Holly Springs. He presented the ceremonial document to Ms. Bobber for framing.

6. Consent Agenda – All items on the Consent Agenda were approved following a motion by Commissioner Atwell, a second by Commissioner Womble and a unanimous vote. The following actions were affected:

6a. Budget Amendments – Three budget amendments detailing adjustments to the General Fund, Utility Fund and various project ordinances to properly align revenues and expenditures at year’s end (FY1999-2000) were adopted.

A copy of the budget ordinance amendments are incorporated into these minutes as addendum pages.

6b. Resolution 00-R-31 – Resolution 00-R-31, a resolution to authorize the Town Clerk as a certified officer on signature cards for the Community Development Block Grant program to rehab scattered sites in Holly Springs was adopted.

The text of Resolution 00-R-31 is as follows:

RESOLUTION OF THE TOWN OF HOLLY SPRINGS BOARD OF COMMISSIONERS AUTHORIZING TOWN CLERK A CERTIFIED SIGNATORY FOR CDBG SCATTERED SITES GRANT PROJECT

BE IT RESOLVED BY THE Board of Commissioners of the Town of Holly Springs that the Town Clerk is designated a certified signatory for the Town’s Community Development Block Grant Scattered Sites project.

Approved and adopted by the Holly Springs Town Board of Commissioners this 7^th day of November, 2000.

6c. Minutes – Minutes of the Board’s continued meeting held on Oct. 2 and its regular meeting held on Oct. 3 were approved.

7. Public Comment – At this time, the Board opened the floor to those in the public who wished to address the Board on any variety of topics not listed on the agenda. The following comments were offered:

Mr. John Wood -- Mr. Wood, chairman of the Holly Springs Commercial Growth Corridor Committee, addressed the Board with a statement from his committee.

Mr. Wood reported that CCGC requests that all Commercial rezoning requests be C-1 SUD until CCGC is done.

A copy of Mr. Wood’s written comments are incorporated into these minutes as an addendum page.

Pat Anderson – Mr. Anderson voiced his concerned about Parks and Recreation. He said he was disappointed that a basketball program for very young children, which he perceived as very popular last year, was not being offered this year. He said he was not satisfied with the answers provided to him by the Parks and Recreation Department as to why the program was cancelled.

Mayor Holleman said if a shortage of personnel was the problem, that the Town hire another person to staff the program on Sunday, if that’s what it takes.

Mr. Bradley said personnel was not exactly the problem. He said the number one reason the program was discontinued was that, in his opinion, five- and six-year-olds cannot have a good program with the basketball facilities the Town has (for adults). He also said there is such a high existing program demand for use of the gym during weeknights and all day Saturday, that Sunday is the only day left for others in the community to use the facility. Mr. Bradley said his third reason for eliminating the program was that no other local athletic programs offer peewee basketball, mostly because such small children are too young to play basketball.

Commissioner Schifano suggested that the Town invest in pint-sized basketball equipment so that the program could be revived.

No action was taken.

8. Other Business: None

9. Manager’s Reports – Mr. Self reported on various projects and department updates.

10. Adjournment – There being no further business for the evening, the Nov. 7, 2000 meeting of the Holly Springs Board of Commissioners was adjourned at 9:50 p.m. following a motion by Commissioner Womble, a second by Commissioner Atwell, and a unanimous vote.

Respectfully Submitted on Tuesday, Nov. 21, 2000,

______________________________

Joni Powell, CMC

Town Clerk

Addendum pages, as referenced in these minutes, follow and are a part of the official record of this meeting.