Regular Meeting
March 7, 2006
The Holly
Springs Town
Staff Members Present:
2 and 3.
The Pledge of Allegiance was recited, and the meeting opened with an
invocation by Rev. Glenn Lee of the Church Alive.
4.
Agenda Adjustment: The
Motion
By: Dickson
Second
By: Vanfossen
Vote: Unanimous
Items
Added to the Agenda: None.
Agenda
Items Removed: Remove the
Other
Changes: None.
5.
Public Hearing: FY 2006-07 – Mr. Dean explained that the FY
2006-07 budget preparation is underway.
He said that one of the first steps in the budget process is to schedule
a public hearing giving citizens, agencies and organizations the opportunity to
make their funding requests known to the Town Council and management
staff. He said the hearing also provides
residents with a chance to request programs and projects that may require funding
consideration in the upcoming fiscal year.
With that explanation
completed, Mayor Sears opened the public hearing to accept input. The following comments were recorded:
Mayor Sears said the Town has
received several written requests to consider in the FY 2006-07 budget to include
the following:
·
funds
for competitive baseball teams,
·
adolescents
and toddlers recreational athletic activities,
·
more
ball fields and park land,
·
year
round yoga classes,
·
reduce
the curb side yard debris fee rates,
·
more
downtown parking,
·
sidewalk
improvement along
·
TRACS
bus service that provides affordable transportation in the southern
Scoop Green the director of the
Holly Springs Chamber of Commerce, 344 Raleigh Street thanked the Town for
their previous support. Mr. Green requested
the town to consider continuing the support of $15,000 for the printing of the chamber
directory. He said the directory is
annually updated and added 100 new members in this past year.
Councilman Atwell asked the possibility of updating and
printing the directories every two years, instead of every year.
Mr. Green said being that the directory has added 100 new members
this year the Chamber is not ready to print the directories every other year.
Carrie Lee of 4002 Clyde Drive requested the Town Council to
consider budgeting for paving and street maintenance for
Karl Wells of 4000 Sunset Lake Road requested the Town to consider
budgeting for sidewalks from
There being no further testimony, the public hearing was
closed.
Councilman DeBenedetto suggested that town staff put the
preliminary budget on the website.
Action: None.
6. Twelve Oaks PUD Amendment 03-PUD-01-A01 – Mr. Jones explained to the Council
that the developers of Twelve Oaks Planned Unit Development are proposing three
major amendments to the PUD plan. He
said at the February 21, joint public hearing, there were no outstanding issues
that arose from that meeting, except about the density of the overall project
and if the density would be lower with the proposed changes.
Mr. Jones said that at the Planning Board meeting
they discussed the open space of private versus public and the lack of public
open space outside of the greenway trails and what the intent of the park area
was initially. Also, the Planning Board
discussed the temporary uses, the density changes and how the amendment
affected those items.
Mr. Jones reviewed with the Council
Members all three amendments, the first amendment is to amend the front and
side yard setbacks; the second modifies the utility substations and temporary uses
that were previously approved as special exception uses to become permitted by
right; and third is to add a note that states the open space shown as “park
area” in the northeast corner may be used as a golf course if needed by the
developer. Mr. Jones explained that the
developer set aside 235 acres or 30.1% in the original approved document, in
both public and private open space. The
possible reduction of 16.8 acres of open space would leave approximately 218
acres or 28.3%. Well above the 10% of
open space required
Mr. Jones said that staff and the Planning Board recommend
approval with conditions.
Councilman DeBenedetto asked if the engineering staff has
the answers to the questions raised about the plan of utilizing a reuse water
system for this project.
Mr. Jones
said that engineering staff is in the process of preparing responses to address
the questions raised.
Action:
The Council approved a motion to approve Planned Unit Development
Amendment #03-PUD-01-A01 for Twelve Oaks PUD as submitted by Spaulding and
Norris, project number 410-02 dated revised
1.
The
following item is to be included with the first development plan submitted
(preliminary or construction):
a.
This
project shows non-residential development in the flood plain. Note that all town, state and federal flood
plain requirements must be met. This
will include: providing flood studies for Town-regulated (local) streams
throughout the project, modeling encroachment into the FEMA floodplain for the
golf course construction (with the FEMA model) to demonstrate no rise, and
supplying a LOMR after golf course construction. The FEMA flood study will need to be
submitted and approved prior to any grading and/or construction activities in
the FEMA floodplain. Flood studies for
Town regulated (local) streams will need to be submitted for approval with the
first construction plans submitted (with the exception of the golf course
plan). Note that there is a risk doing
it this way – a risk of the actual flood study limits when determined impacting
your preliminary layout.
b.
The
PUD plan shows a significant change to the street cross-section than what was
approved with the original PUD to address access and phasing concerns for this
project. Because of this and because
preliminary plans recently submitted also deviate from original approved
roadway network, the following approval condition is now proposed: Specific construction phasing and access
plans must be reviewed and approved at preliminary plan review to address the
Town’s requirements for maximum length of dead-end roadway network.
2.
The
following items are to be included on construction drawings (later in the
approval process):
a.
Sanitary
Sewer line sizes will need to be in accordance with the approved sewer study.
b.
The
roadway design will need to be provided for the road stub to the James Harris,
Jr. and Steven L. Laurence property.
Note that in addition to the road right-of-way being dedicated, the
construction easements will also be required.
3.
All
conditions from previously approved plan still apply to this PUD.
Motion By:
Atwell
Second By:
Dickson
Vote:
Unanimous
7. Consent Agenda:
All remaining items on the Consent Agenda were
approved following a motion by
7a. Minutes – The
Council approved the minutes of the
7b. Budget Amendment, $7,000 – The Council adopted an amendment to the FY 2005-06
budget in the amount of $7,000 for online bill payments. A copy of the budget amendment is
incorporated into these minutes as an addendum page.
7c. Budget Amendment, $7,894 – The Council adopted an amendment to the FY 2005-06
budget in the amount of $7,894 for fire
equipment that will be reimbursed by a
7d. Budget Amendment,
$45,000 – The Council adopted an amendment to the FY 2005-06 in the amount of $45,000 to cover the cost of xylene testing. A copy of the budget amendment is incorporated into these minutes as an addendum
page.
7e.
Budget Amendment $17,100 – The Council adopted amendments to the FY
2005-06 budget in the amount of $17,100 to cover the cost of relocation of
utility poles on Avent Ferry Road. A copy of the budget amendments are incorporated into these minutes as
addendum pages.
7f.
Budget Amendment $6,600 – The Council adopted an amendment to the FY
2005-06 budget in the amount of $6,600 to receive insurance proceeds for
lightening damage to equipment. A copy of the budget amendment is incorporated into these minutes as an
addendum page.
7g.
Resolution 06-09 – The Council adopted Resolution 06-09 directing
the Town Clerk to investigate the sufficiency of Annexation Petition A06-03
filed by Charles G. Irving for the annexation of 16.17
acres and fixing the date of a public hearing on the question of annexation for
7h. Resolution 06-10 – The Council adopted
Resolution 06-10 directing the Town
Clerk to investigate the sufficiency of Annexation Petition A06-04 filed by
Lennar Homes, Inc., for the
annexation of .302 acres and fixing the date of a public hearing on the
question of annexation for
i. Resolution 06-11 - The Council adopted
Resolution 06-011 directing the Town Clerk to investigate the sufficiency of
Annexation Petition A06-05 filed by Howard Beckwith, for the annexation of 4.63 acres and fixing
the date of a public hearing on the question of annexation for
j.
Resolution 06-12 - The Council adopted Resolution 06-12
re-certifying the Town of
k. Main Street Landscaping Contract – The
Council approved to enter into a contract
with Cloer Nursery Co., Inc. in the amount of $16,784, for the installation of
landscaping in the
l.
Secondary and Cumulative Impact Master Mitigation Plan, (SCIMMP) – The
Council approved an amendment to the Secondary and Cumulative Impact Master
Mitigation Plan. A copy of SCIMMP amendment is incorporated into these minutes as an
addendum page.
8a.
Mr. Bradley said to be consistent and in comparison to other
municipalities, which have similar facility rentals, staff proposes to offer non-profit
rental rates for room rentals at the Hunt Community Center and Bass Lake
Retreat Center. He said the rates will apply
to the Holly Springs-based non-profit groups for rentals for Monday through
Friday,
Mr. Schifano suggested adding language to the policy to
include the Internal Revenue Service’s definition of a charitable organization,
in order to receive the non-profit rental rates the renters must provide the
Town with a current copy of their 501-3c status. He said to clarify that the renter receiving
the non-profit rates is not participating in a substantial amount of time of a political
party, which would be required to pay the full rental fees.
Councilman Womble asked in comparison of the Town’s rental
rates to other municipalities was the town’s rates in respect to the other
municipalities.
Mr. Bradley reviewed the current
Town rates with and without the 25% discount and the rates and discounts for
the Town of
Councilman Womble suggested to amend the 25% off and changed
to 50% off to assist the non-profit organizations.
Councilman Dickson said he was
concerned with the wrong party receiving the discount and to make sure the
non-profit organization is a non-political party.
Councilman Atwell suggested raising the currant rates and offer
50% discount for non-profit rental rates.
Mr. Bradley and the Council Members were all incenses to
review those suggestions at budget preparation time.
Action: The
Motion By: Atwell
Second
By: Vanfossen
Vote: The motion carried with a vote of 4 to 1,
being Councilmen DeBenedetto, Dickson, Atwell, Vanfossen in favor and
Councilman Womble against.
Mr. Bradley said that participants
in the senior programs have made this request to the Town and staff has located
a reasonably-priced vehicle that would serve the town’s purposes.
Councilman Dickson thanked the town
staff and the seniors for recognizing the need and stepping forward with the
leg work.
Action: The
Motion By: Womble
Second
By: DeBenedetto
Councilman Atwell asked if the town logo be added to the van
and how many passengers will the van hold.
Mr. Bradley said the Town’s logo will be placed on the van
and seats 12 passengers and two wheel chairs in the back.
Vote: Unanimous
Copies of the budget
amendments is incorporated into these minutes as addendum pages.
8c.
Main Street Square Element F, 06-DP-02 – Mr. Hammerbacher said this request
is for the Council to consider approval for Main Street Square, Element F, that
includes 60 townhome units. He said the
primary housing type permitted in this district according to the PUD master
plan is attached townhomes of no more than six consecutive units, which will be
accessed by a rear service alley. He
said Element F comprises approximately 11.3 acres of the 36.75-acre
development.
Councilman
DeBenedetto asked concerning the Planning Board’s comment about the attached dwelling units being limited to no more than
six contiguous units per the Main Street Square PUD.
Mr. Hammerbacher explained that
it was mistakenly noted within the staff report that the attached dwelling
units were limited to no more than six contiguous units per the Main Street
Square PUD requirements. However, staff
researched this requirement and found that it was not a requirement and there
is no limit on the number of units that can be attached.
Mr. Hammerbacher reviewed the building materials and
building elevations of the townhomes for Element F of the Main Street Square.
Mr. Hammerbacher said that the staff and Planning Board
recommend approval with conditions. He
said the Planning Board added an additional condition regarding the potential
need for trail markers to direct people to the proposed greenways. Also the Planning Board discussed the following
issues:
·
The
proposed building materials for the townhomes and strongly suggested that
multiple building materials be utilized.
·
The
potential need for way finders/ trail markers for proposed greenways.
·
Access
to the proposed greenway.
·
Requirements
for limiting the number of attached dwelling units to six as noted within the staff
report to the Planning Board.
Councilman Dickson asked about the proposed multiple
building materials, was it the intent of the Planning Board that the townhome
units would show every other unit to be either
brick veneer or hardi-plank siding or a combination of two or three
materials.
Tim Sack a representative of the Planning Board explained that
the intent was for a cluster of four units be of one type of building material,
while another cluster of four units be of another type of building materials,
this will give the development a mixture of materials and colors.
Councilman Vanfossen agreed with the Planning Board’s
recommendation of the multiple building materials, but to carry the mixture
from building to building and not unit to unit.
Councilman Atwell discussed with the Council Members the
appearance of the townhomes within Scot’s
Ms. Bobber said that the UDO does not address the appearance
of rooflines.
Councilman Atwell discussed with
town staff of adding a condition to minimize the clutter of vents, smoke stacks
or equipment on the roof lines of the proposed townhomes plan. After much discussion it was in consensus with
the Town Council and staff to add a condition and authorize the planning staff
to word the condition to read similar to “the
appearance of the various vents and chimneys are to be handled by the use of common
vents or use of faux chimneys where possible for multiple vents to reduce the
visual impacts.”
Action: The
1. A UDO permit for
sign installation, in addition to all other applicable permits, will need to be
secured prior to any sign installation (temporary or permanent).
2. If elevations are
modified after Town Council action, elevations shall be submitted to and approved
by the department of planning & zoning to ensure conformance with
architectural regulations set forth within the Main Street Square PUD prior to
the applicant securing building permits.
3.
All conditions associated with the Main Street Square PUD shall also
apply to this approval.
4.
Prior to final plat, the following must be completed:
a.
Payment
of fees-in-lieu of land dedication in the amount of $819/unit.
5.
The following items are to be included with or addressed prior to the 1st
submittal of construction drawings (later in the approval process):
a.
All environmental permits for the entire project will be required.
b.
Consistent
with the PUD condition 7a, the right of way (ROW), road and waterline easement
issue that exists from the realignment of
6.
The
following items are to be addressed prior to construction drawing approval
(later in the approval process):
a.
A
payment in lieu of downstream sewer improvements will be required for this
project based upon actual downstream upgrade costs.
7.
Construction
of the road improvements along
8.
Per
PUD document (page C-4), the pedestrian connection to
9.
If
requested by the parks & recreation department, a reasonable number of
trail markers shall be provided by the developer to direct people to the public
greenway.
10. The appearance of the various vents
and chimneys are to be handled by the use of common vents or use of faux
chimneys where possible for multiple vents to reduce the visual impacts.
Motion By: Atwell
Second
By: Dickson
Vote: Unanimous
8d.
Development Agreement Ordinance 06-03 – Mr. Schifano said that pursuant to new legislation
passed by the General Assembly effective
Mr. Schifano said that the General Assembly found that
large-scale developments “often create potential community impacts and
potential opportunities that are difficult or impossible to accommodate within
traditional zoning processes.” Because
of the amount of investment and the ability for a public-private partnership in
creating the infrastructure, these agreements give the developer some sort of
certainty that the zoning will not change.
Mr. Schifano reviewed the highlights of ordinance and the
criteria the developer agreements can include.
Councilman DeBenedetto said that he had two concerns, first
the updating of the long range comprehensive plan and second to move forward
with the development of the infrastructure reimbursement agreements.
Mr. Schifano agreed with Councilman DeBenedetto and
suggested to conduct a workshop to discuss the criteria of the infrastructure
reimbursement agreements.
Councilman DeBenedetto also suggested adding language to the
ordinance reflecting the conflict of interest clause as it’s stated in the
General Statues.
Mr. Schifano said staff can incorporated that language into the
proposed ordinance without a problem.
Councilman Atwell said that the Town has the Ten-Year Comprehensive
Growth Plan and as the Town grows the plan needs updated as well.
Action: The
Motion By: Atwell
Second
By: Vanfossen
Vote: Unanimous
A copy of Ordinance
06-03 is incorporated into these minutes as addendum pages.
8e.
Councilman Atwell as indicated on the map why was the parcel
along
Action: The
Motion By: Atwell
Second
By: Dickson
Vote: Unanimous
A copy of Resolution
06-13 is incorporated into these minutes as addendum pages.
8f.
Action: The Council approved a motion to adopt Resolution
06-14, authorizing the town attorney to commence eminent domain proceedings on
behalf of the Town to acquire rights of way and easement necessary to complete
the Cass Holt Realignment and
Motion
By: Atwell
Second
By: Dickson
Vote: Unanimous
A
copy of Resolution 06-14 is incorporated into these minutes as addendum pages.
8g.
Sprint Easement Relocation – Mr. Schifano said that in November 2005, at the request of
Sprint, the Town Council granted a 60 foot x 60 foot easement to Sprint for the
placement of telecommunications equipment at the northwest corner of the Fire
Station No. 1 on
Mr. Schifano said the company has proposed two options, option
1 is to locate the 60 foot x 60 foot easement on the opposite
side of the property, which limits further use by the town; and option 2
would involve moving the existing fence under the water tower at the company’s
expense and locating a 30 foot x 30 foot easement in the northwest corner of
the property.
Mr. Zack
Palmer a contractor representing Sprint Telephone and Telegraph Company
reviewed the request and asked the Council to consider approval of option 1 and
said that he would work with the town on the access easement that will work for
all parties.
Mr.
Schifano said that staff recommends option 1 to locate the 60 foot x 60 foot easement
on the opposite side of the property with modifications to the proposed access
to the easement be closer toward the building rather than along the property
line as indicated on the plan.
Mr. Parker
said that he preferred the access easement to be located on the south side of
the property line as Mr. Schifano suggested.
Councilman Atwell
asked if the access easement would prohibit the expansion of the
Mr. Parker said there’s not a need for expansion
of the
Councilman Atwell
asked Mr. Palmer will the easement be landscaped and screened.
Mr. Palmer
said the landscape and screenings will remain as previously approved by the
Town Council.
Action:
The Council approved a motion to authorize the town manager to execute
an easement purchase agreement of Option 1- locating a 60’x60" easement on
the opposite side of the property.
Motion
By: Atwell
Second
By: Vanfossen
Vote: Unanimous
A copy of the draft easement purchase agreement and option 1 plan are
incorporated into these minutes as addendum pages.
10.
Public Comment: At this time, an opportunity was provided for members of the audience
who had registered to speak to address the Council on any variety of topics not
listed on the night’s agenda.
Mark Shank, 5405 Leopard’s Bane Count, said that he had a concern with trash
cans being place near or in front of mail boxes, which causes the mail not to
be delivered. He said that he has spoken
with Jerry Matthews the Holly Springs Post Master concerning this concurring
problem, but there’s nothing he can do about this problem. Mr. Shank asked the Town Council to consider
amending the town’s ordinance to insert a section to regulate the placement of
trash cans along the street.
Michael Carroll an owner of property located on
10.
Other Business: Mayor Sear reminded all Council
Members that Monday, March 27, was the third Annual Economic Developments golf event
and there are available spaces. Also,
Mayor Sears announced that he was appointed to the 2006 Community and Economic
Development Policy and Advocacy Committee for the National League of Cities and
that he will be leaving for
11.
Manager’s Report: Mr. Dean gave the Council
Members an updated report on the temporary stage and the cost establishment of $10,000
or less.
He said the contract for services for updating the
Comprehensive Plan and Parks and Recreation Master Plan should be coming to the
Town Council at the first meeting in April.
Mr. Dean said the work at
Mr. Dean at this time recognizes Captain Holland of the
public safety department for being in the Cary Magazine.
Councilman Atwell discussed among the Council Members and
staff about approaching the developer of Scot’s
Action:
The Town Council made a motion to meet with the developer of Scot’s
Motion By: Atwell
Second
By: Vanfossen
Vote: Unanimous
12.
Closed Session: The Council approved a motion to
enter into Closed Session, pursuant to G.S. 143-318.11(a)(4)
to update the Council of the matter of economic development project and pursuant
to G.S. 143-318.11(a)(3) to discuss with the town
attorney of a matter of condemnation of property for right of way easement on Avent
Ferry Road and the Cass Holt Road.
Motion
By: Atwell
Second
By: DeBenedetto
Vote: Unanimous
General Account of Closed Session –
In Closed Session, the town manager
updated the Council Members on a proposed economic development prospect for the
landfill property. The town attorney
requested for direction from the Council on negotiations of
condemning of Mike Carroll’s property for right of way
located on
-- End General Account
The Council approved a motion to return to Open Session. The motion was made by Councilman Atwell, seconded
by Councilman Vanfossen and carried unanimously.
12.
Adjournment: There being no further business for
the evening, the
Respectfully
Submitted on
_________________________________
Addendum pages as referenced in these
minutes follow and are a part of the official record