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Town of Holly Springs MINUTES The Holly Springs Town Board of Commissioners met in regular session on Tuesday, July 3, 2001 in the Town Board meeting chambers, located in Town Hall, 128 S. Main St. Mayor Parrish L. Womble presided, calling the meeting to order at 7:32 p.m. A quorum was established as the mayor and all five board members were present as the meeting opened. Board Members Present: Commissioners Tim Sack, John Schifano, Chet VanFossen, Peter Atwell and Hank Dickson and Mayor Womble. Board Members Absent: None. Staff Members Present: Carl G. Dean, town manager; Ernest C. Pearson, town attorney; Joni Powell, town clerk (recording the minutes); Gina Bobber, planning and zoning director and Len Bradley, director of parks and recreation. 2 and 3. The pledge of allegiance was recited, and the meeting opened with a moment of silent meditation. 4. Agenda Adjustment - The July 3, 2001 meeting agenda was adopted with changes, if any, as listed below. 5a. Public Hearing: Annexation A01-03 - Mrs. Powell reported that the Town has received a petition requesting the voluntary satellite annexation of 63.62 acres located in the general vicinity of the Kildaire Farm Road and Holly Springs Road intersection. She advised that the petition meets all the statutory requirements for non-contiguous voluntary annexation, that is, the property is:
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With that explanation completed, Mayor Womble opened the public hearing. There were no comments offered for or against the petition, and the public hearing was closed. 5b. Public Hearing: Purchase of MAKO Trucking Site - Mr. Dean reported that he, with the concurrence of the Board, has proceeded to secure the MAKO Trucking Site in the Holland Industrial Park for the Town of Holly Springs. The building and land would be used to provide offices for Public Works and Town Hall displacement/overflow; and maintenance and storage facilities for Town vehicles, supplies and equipment. NCGS 160A-20 sets out the method whereby municipalities may apply to the Local Government Commission for approval to obtain financing for such purchases. One step in that process is to provide the public with opportunity to comment on the question of the Town's obtaining financing and its application to the LGC. If approved, the Town intends to purchase the MAKO site for $1,065,000; to apply for financing in the amount of the sales price, less a down payment of $75,000. According to findings of fact listed in Resolution 01-17 being presented to the Board later in the agenda for consideration, installment financing would be the preferred method of financing in this instance, Mr. Dean said. Financing would not require a tax rate increase, he added. Mr. Dean explained that the property contains 3.69 acres together with a building containing approximately 11,800 square feet. With that explanation completed, Mayor Womble opened the public hearing. The following comment was offered. Glenn Myrto, 408 W. Ballentine Street - Mr. Myrto spoke in favor of the purchase of the site. He asked, however, that the Town ban all traffic to the site via Ballentine Street; that the Town improve the landscaping on the site and to consider that in the cost; and he asked that the Town take special care in the maintenance of the site so that the facility is attractive. There being no further comments, the public hearing was closed. 5b. Public Hearing: Purchase of MAKO Trucking Site - Mr. Dean reported that he, with the concurrence of the Board, has proceeded to secure the MAKO Trucking Site in the Holland Industrial Park for the Town of Holly Springs. The building and land would be used to provide offices for Public Works and Town Hall displacement/overflow; and maintenance and storage facilities for Town vehicles, supplies and equipment. NCGS 160A-20 sets out the method whereby municipalities may apply to the Local Government Commission for approval to obtain financing for such purchases. One step in that process is to provide the public with opportunity to comment on the question of the Town's obtaining financing and its application to the LGC. If approved, the Town intends to purchase the MAKO site for $1,065,000; to apply for financing in the amount of the sales price, less a down payment of $75,000. According to findings of fact listed in Resolution 01-17 being presented to the Board later in the agenda for consideration, installment financing would be the preferred method of financing in this instance, Mr. Dean said. Financing would not require a tax rate increase, he added. Mr. Dean explained that the property contains 3.69 acres together with a building containing approximately 11,800 square feet. With that explanation completed, Mayor Womble opened the public hearing. The following comment was offered. Glenn Myrto, 408 W. Ballentine Street - Mr. Myrto spoke in favor of the purchase of the site. He asked, however, that the Town ban all traffic to the site via Ballentine Street; that the Town improve the landscaping on the site and to consider that in the cost; and he asked that the Town take special care in the maintenance of the site so that the facility is attractive. There being no further comments, the public hearing was closed. 6a. Annexation Ordinance A01-03 - The Board approved a motion to adopt Annexation Ordinance A01-03 taking in 63.62 acres in seven tracts located in the vicinity of the Kildaire Farm Road and Holly Springs Road intersection. 6b. Resolution 01-17 - Mr. Dean explained that Resolution 01-17 is a proposed resolution authorizing the filing of an application for approval of a financing agreement to the Local Government Commission. The wording of the resolution meets the statutory requirements for such an application, he said, adding that in adopting the resolution, the Town Board would be agreeing that it makes certain findings of fact as required by law. There are nine (9) findings listed in the General Statutes, only eight of which apply to the potential purchase of this particular property. Those eight findings are listed in the resolution. Additionally, the resolution would authorize the Town Manager to make application to the LGC for approval of the Town's seeking financing for the purchase of the property, he said. 6c. Resolution 01-18 - Mr. Dean explained that Resolution 01-18 is a proposed resolution setting out the loan terms offered by BB&T for the financing of the MAKO Trucking Site. The resolution states that the Town accepts and approves BB&T's financing terms as follows: an amount of $970,000 financed at an annual interest rate not to exceed 4.85% over a ten-year (10-year) loan term. 6d. MAKO Sales Contract - During discussion, Commissioner Schifano asked that "fee simple" be added to Section 1. He also asked that in the third paragraph of Section 3.3 that the last phrase be deleted so that the sentence ends with "thereon." He also asked to add that the seller warrants that no hazardous materials exists on the property as part of the warranties. 6d. Windcrest Farm Preliminary Subdivision Approval Extension - Ms. Bobber explained that this item was removed from the June 19 Consent Agenda at the request of the petitioner for consideration of the Board on July 3. She explained that the Windcrest Farms Preliminary Subdivision Plan was approved by the Town Board on April 12, 2000. According to the Town of Holly Springs Subdivision Regulations, Preliminary Plan approvals expire 18 months after approval unless construction drawings have been approved and the Final Plat for the subdivision has been submitted for review and recording. Since the approval of this plan, the original developer of the project has decided not to construct the subdivision. A new developer is looking at the project; however, since the approval of the Preliminary Plan expires on October 12, 2001, the new developer has calculated the time needed to obtain construction drawing preparation, review and approval, and final plat recording and realized that it can not be accomplished prior to the expiration of the approval, Ms. Bobber said. Therefore, Spaulding & Norris, on behalf of the developer, has requested an extension of the approval for 12 months. This would set the expiration date as October 12, 2002. Ms. Bobber added that staff had reviewed the request and recommends approval of the extension with original conditions left in place. 6f. Wyncrest Commercial Zoning Permit - Ms. Bobber reported that, on January 16, 2001, the Town Board of Commissioners approved the Site Plan and Zoning Permit for the Wyncrest Commercial building. One of the conditions of that approval was that revised elevations were to be submitted for review and approval by the Planning Board and Town Board. Concerns that were addressed regarding the previous elevations were the void in detail, materials, and the visibility of the roof from the north, she said. Ms. Bobber reported that the elevations have been revised and submitted for Planning Board and Town Board review, and the elevations have been modified in accordance with the requests of the Town Board. The front building elevation has been modified to offset the façade of the building by including a 1' relief in the center section of the building. The primary building material will be red brick with beige brick accents through soldier coursing on the front, sides, and rear of the building and the creation of accent "quoins" on the building corners. Dark green canvas awnings will be placed over the entrance doors into each unit and the window and door trim will be dark green aluminum. The rear façade has been modified to include a parapet wall that extends to match the height of the parapet walls on the front and side of the building which will eliminate the view of the roof line and any roof top equipment. Ms. Bobber reported that the staff and Planning board recommend approval of the elevations with conditions listed in review comments. Commissioner Dickson pointed out that the rear of the building would face Hwy. 55 and does not seem to be an improvement over the original design concept. Commissioner VanFossen agreed, although he conceded that the front did look better. Still, he said, the rear of the building needs to be improved since it has such a heavy exposure to Hwy. 55 traffic. Commissioner Sack reminded the Board that the site plan calls for an opaque buffer on the rear side. Commissioner Dickson maintained that he wanted the back of the building to look more like the front regardless of the opaque buffering. 6g. Leapin' Lizards 01-ZPF-01 - Ms. Bobber explained that Liz Schroeder is requesting to construct a "kiosk" building for a drive-thru espresso shop, Leapin' Lizards Espresso. The kiosk would be located along the eastern edge of the parking lot for the Oak Hall Shopping Plaza in front of Food Lion. The proposed location would require a change in the parking lot travel and parking patterns for the northern most aisle by changing it to a one-way aisle from a two-way aisle as it exists today. Since this use is not specifically addressed in the Zoning Ordinance, it is difficult for Staff to review this project. This building would not be on a separate "out lot" therefore, no buffering or landscape requirements apply, she explained. Ms. Bobber reported that staff and Planning Board have reviewed the application and recommend approval of the zoning permit with conditions noted in staff review reports. Commissioner VanFossen said he would like to see the appearance of the building improved. Commissioner Dickson asked how the traffic pattern evolved. Ms. Bobber explained that the owner of the project had worked with the owner of the shopping center and staff to devise the parking and traffic flow pattern. The owner of the shopping center is comfortable with the changes, she reported. Commissioner Dickson suggested that a time limit be placed on the removal of the building if the business happens to close. Ms. Schroeder explained that a 60-day removal clause is contained in her lease with the shopping center owner. Commissioner Schifano asked if there was anything that could be done to dissuade trucks from parking in the parking lot of the shopping center overnight. Ms. Bobber said she would investigate that question. Commissioner Atwell asked if the traffic pattern was safe for pedestrians and motor traffic. Ms. Schroeder said she felt the signage and pedestrian crosswalks would provide a comfortable level of safety; however, she did have concerns about the area in which motor traffic would be merging back together. Commissioner Atwell if landscape regulations applied. Ms. Bobber said that the applicant is voluntarily providing concrete planters; however, the Town Code does not address this type of kiosk, which is not situated on a dedicated lot. She added that many towns in the state are facing the same questions because these kiosks are emerging as a new trend. Ms. Bobber pointed out that the owner is doing what she can to make the appearance of the building attractive, and the site plan includes "plantings" in the planters, so thriving plants must be maintained.
Second By: Schifano Vote: 5-1. Commissioner VanFossen voted against. |
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6h. Request for Amendment to Lakeside Commons 99-S-01 - Ms. Bobber reported that Curt Phelan, the builder for the Lakeside Commons traditional neighborhood subdivision, has requested an amendment to the approved subdivision plan. She explained that the Lakeside Commons Subdivision and Special Use Permit were approved by the Town Board of Commissioners on March 16, 1999. The plans that were approved included detailed Typical Lot Layout With Plantings plans. These plans indicated the use of "split driveways" to reduce the visual impact of the parking pads and the installation of a 3' ornamental picket fence to be installed immediately behind the sidewalk. On May 7, 2001, Staff approved an amendment to the approved plans to eliminate the "split driveways" due to Town construction standards and other concerns by the builder. Since these "split driveways" are not a specific requirement or element of the Traditional Neighborhood District, this amendment to the plans was handled administratively, Ms. Bobber explained. The builder at the same time requested that the Staff remove the requirement for the installation of the picket fences. Staff denied this request since it is an element of the Traditional Neighborhood district that is strongly encouraged and was included as a part of the Special Use Permit and subdivision plan. However, the Builder did not intend to install the fences. In order to obtain the Certificate of Occupancy Permits for the homes within the subdivision, the builder installed the required fence on the property. However, upon issuance of the Certificate of Occupancy, the fences are being removed, Ms. Bobber reported. Upon notifying the builder that violation notices were going to be sent to the property owners for the removal of the required fence, he applied to the Planning Board to eliminate the fence installation requirement. Staff has reviewed this request and feels that the installation of these fences is an important part of the Traditional Neighborhood district and creates the "sense of place" which is intended to occur with the establishment of this district. Both staff and the Planning Board recommend denial of the amendment request, Ms. Bobber reported. The Board allowed public comments from the neighborhood. Comments indicated that the homeowners association does not want maintenance responsibility of these required fences; that Lakeside Commons is a 19-house small portion of a larger development and that fences in the front of homes in the larger section are not allowed in front yards by covenants, yet they are required on this one culdesac; the fences actually detract from the appearance of the homes; individual homeowners do not wish to maintain the fences; the fences detract from extraordinary landscaping that has been provided; that the TND ordinance does not specifically require fences but suggests that they be used where landscaping in this case accomplishes the goals of the TND better than the fences; the fences cause owners difficulty in maintaining lawns; over time, fences will deteriorate and diminish aesthetics of the neighborhood; and that the TND ordinance may need to be rewritten to be more specific. 6h. Minutes - The Board approved a motion to approve minutes from the Town Board's regular meeting held on June 19, 2001. 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: Glenn Myrto, 408 W. Ballentine St. - Mr. Myrto addressed the Board regarding the recent commercial rezoning of the property on Avent Ferry Road on the property of the soccer field. He said he is concerned about the loss of the use of those fields. He urged the Town to secure property for the future. 8. Other Business: Mr. Pearson reported on the Don Davis zoning violation court case and that the Joel Williams condemnation case has been set for a June 30 court date. 8a. Bond Attorney - Mr. Pearson explained that Bob Jessup, who has served as the Town's Bond Counsel for the past several years, has recently joined the Sanford-Holshouser Law Firm as partner. Under Local Government Commissioner guidelines, this means Mr. Jessup no longer will be able to serve the Town as Bond Counsel because of Sanford Holshouser's role as Town Attorney. The Town has an upcoming bond sale in mid-August, so steps should be taken quickly to retain new Bond Counsel before that time, he said. He said he knows of a bond attorney who could step into service for the Town of Holly Springs, with the Board's permission. He suggested that the Town retain this attorney for the upcoming bond sale and then determine whether or not to pursue further retainer. Direction: The Board directed the Town Manager and Town Attorney to develop a recommendation for new Town Bond Counsel for action at the Board's July 17 meeting. At this time, Commissioner Schifano reported that the Court of Appeals advised him today that the filing fee for residents pursuing legal action in the landfill situation is $800. He asked if the Town Board would authorize that this fee be paid by the Town. The Town Attorney advised that he felt it would be an appropriate expenditure of public funds, justifiable under statutes. 8b. Section 125 Plan - Mrs. Powell explained that, effective July 1, the Town initiated additional benefits under Section 125 of the Internal Revenue Code. In the past, the Town provided pre-tax deductions for child care expenses. This year, the Town added pre-tax deductions for anticipated medical expenses during the year. She advised that the Town's new administrator for the plan requires that the Town Board adopt a resolution providing for the benefit and giving the Town Manager authority to appoint a plan administrator and to execute amendments of the plan. 9. Manager's Reports - Mr. Dean reported that the Town is being required by the State to publicize and notify residents of a 1993 violation of water quality monitoring regulations. He also asked commissioners their reaction to new town logos that may be used in signs, vehicle decals and promotional items. Board members agreed that the designs were attractive and suitable to use. 10. Closed Session - The Board approved a motion to go into Closed Session, pursuant to G.S. 143-318.11(a)(3), to discuss pending litigation, particularly the Wake County vs. Holly Springs matter; and the Town of Holly Springs vs. Don Davis matter. General Account Closed Session - July 3, 2001
Mr. Pearson provided information to the Board regarding the Don Davis zoning violation case. At this point, the judge has ordered that Davis' business be closed. Mr. Davis now has approached the Town and wishes to discuss options so that he can stay in business. The Board gave direction. Mr. Pearson refreshed the Board's memory in the latest developments of the landfill litigation case, specifically as it concerns to Wake County's negative response to the Town's request to allege "negligent" misrepresentation rather than "fraudulent" misrepresentation. Mr. Pearson advised that the Town abandoned the misrepresentation angle entirely to focus on police power arguments instead. Now, the county attorney objects to the Town's "clean hands" defense, too. Mr. Pearson reported that the Wake County attorney desires that the Town drop that defense as well. Mr. Pearson said the Town's basic, stronger, defenses would remain, but the "clean hands" defense would be dropped. He could not speculate as to whether or not this would have a strong negative impact on the Town's efforts. Commissioner Schifano said he felt it may have a negative impact and felt inclined not to drop that defense. Mr. Pearson recommended that the Town Board take some time to think about it before responding to Wake County. This issue will be brought again in future meetings. 11. Adjournment - There being no further business for the evening, the July 3, 2001 meeting of the Holly Springs Board of Commissioners was adjourned following a motion at 9:50 p.m. by Commissioner Dickson, a second by Commissioner Atwell, and a unanimous vote. Respectfully Submitted on Tuesday, July 17, 2001,
Joni Powell, CMC Town Clerk Addendum pages, as referenced in these minutes, follow and are a part of the official record of this meeting. |