Regular Meeting
March 21, 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. Don Brown of Village Church of Holly Springs.
4.
Agenda Adjustment: The
Motion
By: Dickson
Second
By: Atwell
Vote: Unanimous
Items
Added to the Agenda: A presentation
by Councilman DeBenedetto, representing the Rotary Club, with a donation of a
double rocker, American flag, and NC State flag for the
Agenda
Items Removed: 8a. Consider a developer’s request for permission
to delay widening at
Other
Changes: None.
Mayor Sears at this time introduced
Wila Dean Thomas who is the new principal of
Ms. Thomas thanked the Mayor for the
opportunity to speak and invited the Council Members who are interested in the
new
5a.
Ms. Mizelle
said this request is to consider funding for the Holly Springs Development Committee’s
Urgent Home Repair Program. Ms. Mizelle
explained that over the past few months, the
Ms. Mizelle
reviewed the mission statement and the future goals of the Holly Springs Development
Corporation Committee.
Ms. Mizelle
said the most pressing need under community development is emergency repair needs
of the town’s low income community. She
said the HSDC has been investigating ways to assist low income/disabled
homeowners within the town limits with urgent home repairs. She said many homeowners that are in need,
contact
Ms. Mizelle said the research has
identified an organization called Resources for Seniors (
Ms. Mizelle said there may be other opportunities for
Ms. Mizelle said that funding of approximately
$20,000 exists in the Community Development Program income account. She said the HSDC is requesting that $15,000
of these funds be transferred to
Ms. Mizelle
said the request before the Council is to adopt a budget amendment for $20,000
($5,000 for previous project and $15,000 for current allocation) and authorize staff
to transfer $15,000 from the Community Development Program Income Account to
The Council Members discussed the
amount of staff and volunteer time that will be needed to operate the
program. Ms. Mizelle said at first it
will be at minimum and anticipates more involvement as the program grows. Ms. Mizelle also explained how the town
received the $20,000 in funds and the legal fee expenses of the prior community
development projects.
Councilman Dickson asked if the
501-C3 non-profit organization application has been completed. Ms. Mizelle said that town staff will be glad
to complete the application.
Action:
The Council approved a motion to adopt a budget amendment for $20,000
and authorize the transfer of $15,000 from the Community Development Program
Income Account to
Motion By:
Atwell
Second By:
VanFossen
Vote:
Unanimous
A copy
of budget amendment is incorporated into these minutes as an addendum page.
Mayor Sears at this time recognized Lindy Brown who is running
for District 2 for the Wake County Commissioners seat.
Mr. Forrestal requested the Council
to consider amending the registration policy to exclude football and
cheerleading from the youth athletics resident/non-resident registration
policy. He requested the registration be
open to any returning participant or sibling of a returning participant when
registration opens, whether a
Pam Simmons of 104 Persimmon Botton Cicle
said her concerns that there are children who participated in football and
cheerleading last year and may not be able to participate in the program this
year because they live out-side the city limits and the problem is these
programs fill up quickly. Ms. Simmons
requested the Council to consider grandfathering into the policy the out of
city limits children that partipated in football and cheerleading last year along
with there siblings for the length of 2 years or until they move up to another
age group whichever comes first. She
also suggested to the parks and recreation department to research the cost
analysist of adding more football and cheerleading teams to the program.
Terry James of
Will Forestal, the son of William Forrestal
of 3908 Copperwood Lane addressed the Council saying that he just wanted to
play football and didn’t understand why he couldn’t play ball just because he
lived out-side of the city limits. He
said that he plays with these same kids at school and since the beginning of
football and would like to continue to play football with them.
Mr. Bradley explained to the Council Members that in August 2005, the
Mr. Bradley said the registration policy was amended to
limit registration for the above programs to the
Mr. Bradley said that Mr. Forrestal
appeared before the Recreation Advisory Committee on
Mr. Bradley explained that staff is suggesting one of the
following options: 1)-Open football and cheerleading registration to residents
for one (1) week followed by one (1) week registration for returning players
(both residents and non-residents) and the third week open registration to
everyone; or 2)-Grandfather in existing football
players only and do a study on the costs of providing the football and
cheerleading programs. He said the costs
would determine the individual’s fees to participate in the programs and would
be passed along to non-residents. He
said the projection cost for each child for football will be $235 and for each
cheerleader will be $212 that will be passed along to non-residents.
Councilman Dickson reviewed a brief history of the growth in
the football program within the last 5 years that his children has participated
and how the coaches and other volunteers have contributed not only material,
but non-material things as well, to the parks and recreation program over the
years. He said that he would be in favor
of extending the registration privileges to the non-resident’s children who has
participated in the football and cheerleading program in the prior years.
Councilman Womble asked how many fields does the town use
for the football program.
Mr. Bradley explained the town is using one field and does
not have a dedicated field for football.
He said the Town uses the
Councilman VanFossen asked town staff could the town add three
(3) more teams to the league.
Mr. Bradley explained
if by chance the department cannot fill all three additional teams, then none
of the three (3) teams can participate. He
said that not only will the participants lose out who assumed they would play
football, but the Town would incur a huge expense. There will be no guarantee
that three (3) additional teams could be registered on an annual basis
Councilman VanFossen and Pam Simmons discussed the
competitiveness of football and teaching the kids.
Mr. Bradley said last year the
number of players per team was 35 and according to the Statewide Athletic
Conference (SWAC) each football team is allowed only 30 players in order to
compete in end-of-season tournaments, so five spots already have been
eliminated.
Mr. Bradley said that there has been
discussion regarding of adding additional teams as a method to solve the
problem. He said that this is irrelevant
to the issue for several reasons they are:
First – the East Wake Football League (EWFL) has to approve the addition
of teams, which has been discussed with representatives of EWFL.
Second - is the expense. He said that if a team is added, it must be
added in all three (3) divisions, which would increase the number of teams from
3 to 6. The estimated cost to outfit
three (3) more teams excluding cheerleaders would be approximately $15,000 -
$20,000. The additional teams would
require practice fields, which the town currently does not have. Mr. Bradley said also the expense to rent
lights for the practices that end after dark.
Third - the parks and recreation department
will be offering a fall baseball program this year and staff feels this will
draw some participants from the football program.
Action: The Council approved a motion to grandfather
the existing football players only until the non-resident player ages out or
quits and to make an effort to add 2 additional teams, excluding siblings.
Motion: Atwell
The motion
died for a lack of a second.
Councilman Dickson suggested the following motion to revise
the registration policy for football and cheerleading programs to allow the
prior year participates’ the same registration privileges as those who live in
the town limits.
At this time Mayor Sears allowed Mr. Mitchell to offer his
comments.
Tom Mitchell, currently a non-residential said that he was
one of the coaches for the football program.
He said that he has two sons and the younger son also plays football. His concern was leaving the sibling out of
the picture by not allowing the siblings to play in the same town as his older
brother. He said that it would not be
right to exclude the sibling from being allowed to play. It would create a problem with one child
playing in
Mr. Forrestal at this time gave the Town Council the total
number of siblings participating within the last 2 years in the football and
cheerleading programs.
Action:
The Council approved a motion to revise the registration policy for the
football and cheerleading program to allow the prior year participates’ the
same registration privileges as those who live in the town limits and to grandfather-in the 6 sibblings who participated for
the length of 2 years or until they move up to another age group or quit,
whichever comes first, with the same registration fees structure as the in-town
residents.
Motion By:
Atwell
Second By:
Womble
Vote:
Unanimous
Mr. Bradley said that he wanted everyone to understand that
this was a necessary issue and enjoyed working with the residents.
Councilman Atwell asked Mr. Bradley to prepare a proposal
for adding 2 football teams to be presented at the first Town Council meeting
in April.
Mr. Bradley said that he could
provide the Council with information and numbers of what the established cost
will be for adding the 2 teams and maybe some last minute details to add to the
FY 2006-07 budget.
5c.
Mayor Sears thanked the Rotary Club
members for their generous donation.
Action:
The Council approved a motion to accept the donation of a double rocker,
American flag and a NC State flag for the
Motion By:
Dickson
Second By:
Atwell
Vote:
Unanimous
6a.
Public Hearing: Bridgewater
Subdivision Amendment 03-DP-05-A02 – Mr. Hammerbacher explained to the Council that the developers
of Bridgewater development, 03-DP-05-A02, is requesting for a major amendment
that will allow a five-foot front yard setback for 12 corner lots within the
R-8 development incentives section of the Bridgewater subdivision. He said the original subdivision plan
approved 50-foot-wide corner lots with 20-foot front yard setbacks and
five-foot side yard setbacks.
Mr. Hammerbacher said the applicant is requesting to amend the
plan to be able to build a house that is wider than 25 feet. He said since a corner lot has two 20-foot
front setbacks according to the Unified Development Ordinance (UDO), would
create a problem with the building area.
Mr. Hammerbacher said that staff and the planning board recommend
approval with conditions. Mr. Hammerbacher
said one planning board member voted against the proposed amendment, because he
felt reducing the front setback for corner lots would negatively impact the
sight lines of the streetscape and the overall aesthetics of the development.
Councilman DeBenedetto asked town staff being the setback is
five foot from a structure would this allow the structure, such as, bay
windows, porches, steps, etc. to encroach into the sidewalk easement.
Mr. Hammerbacher said that would be sited during the building
permit process. He said the developer is
requesting this because it was overlooked during the preliminary plan review
process. He said that the applicant was
given three choices and the applicant chose to come before the Town Council for
an amendment to the plan.
With that explanation completed,
Mayor Sears opened the public hearing to accept input. The following comments were recorded:
Thomas Spaulding of Spaulding and Norris of 972 Trinity Road,
Raleigh representing
the applicant said he simply didn’t realize during the site plan review process
that a corner lot can impose as having two front yard setback of 20 feet. He said the plan calls for 12 corner lots with
two 20 front yard setback. He said this would
limit the size of the house that could be built on that corner lot. Mr. Spaulding said that he understands that there
are going to be some site limitations on some of the corner lots.
Councilman VanFossen and staff discussed the streetscape and
the architectural of corner lots with a house built five feet from the property
line and the adjacent house with a 20 foot front yard setback. Councilman VanFossen said that he would agree
to amend the setbacks to eight feet or 10 feet setback.
After much discussion among the Councilmen and Mr. Spaulding
there were all in consensus to allow a 10 foot front setback for the proposed 12
corner lots.
There being no testimony, the public hearing was closed.
Action:
The Council approved a motion to approve Development Plan Amendment
#03-DP-05-A02 for
Motion By: VanFossen
Second By:
Womble
Vote:
The motion carried following a vote of 4-1 vote. Councilmen VanFossen, Womble, DeBenedetto and
Dickson vote for. Councilman Atwell voted
against.
6h.
Public Hearing: Growth Plan
Amendment 05-GPA-06- This item was moved up during the agenda
adjustment. Mr. Jones explained that this
request is to consider amending the Ten-Year Comprehensive Growth Plan by adding
the Northeast Gateway Plan to the Land Use Element.
Mr. Jones explained the seven policies that would set the
development pattern for future uses within the study area, they are: 1) creating a sense of arrival into Holly Springs
through gateway features; 2) provide a pedestrian friendly environment; 3) limit
the number of signs; 4) place parking to the rear and sides of buildings and
bring buildings closer to the roadway; 5) mix of uses, such as, office, retail,
single family, multi-family residential; 6) create a sense of place through
architecture and design; and 7) provide interconnectivity through the use of
shared driveways and limited curb cuts.
Mr. Jones said staff has prepared a
proposed land use map that changes some of the land use designations for
parcels within the study area. He said staff
has added more business and higher density residential designations as opposed
to the mixed-use designation that is now the primary “use” designation for the
area.
Mr. Jones spoke on the highlights of
the plan that would require businesses with driveways within the business
designation to have their driveways set to the side or rear of the
buildings.
Mr. Jones explained the business, mixed use, commercial,
very high density residential, high density residential and medium density
residential elements of the Land Use Plan.
Councilman Atwell suggested the gateway sign to be to read as
“Welcome to
Mr. Jones said that the Town previous approved a transportation
schematic plan that identifies the proposed roadways and future pedestrian
underpasses for I-540 and
He said this area primarily identified with the intersection
of
There was discussion among the Council Members and staff
regarding the future thoroughfare plan and the differ routes of Kildaire Farm
Road and Holly Springs Road as per the draft NC DOT thoroughfare plan at the
I-540 interchange.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded: None.
There being no testimony, the public hearing was closed.
Councilman DeBenedetto said he was concerned with the high
density and the mixed use in the areas located near the I-540 and
Mr. Jones explained the difference between high density and
medium density. He said the mixed use
district was intended for low-intensity business activity of a small scale to
promote a village atmosphere.
Councilman VanFossen said that he agreed with the high
density for the area near I-540 and
Action:
The Council approved a motion to adopt Resolution 06-15 enacting the
Northeast Gateway Plan section to be added to the Ten-Year Comprehensive Growth
Plan Land Use Element.
Motion By:
Atwell
Second By:
VanFossen
Vote:
The motion carried following a vote of 4-1 vote. Councilmen Atwell, VanFossen, Womble, and
Dickson vote for. Councilman DeBenedetto voted against.
A copy of Resolution 06-15 and Northeast Gateway Plan are
incorporated into these minutes as addendum pages.
6b.
Public Hearing:
Councilman DeBenedetto asked the
zonings of the adjacent properties to the proposed property being rezoned.
Mr. Jones identified the surrounding zonings and clarified
the areas where the Town of
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded:
Leroy Reynolds an adjacent property owner of the property located to the
north of this property. He said that he
was not opposed to the rezoning, but his interest was in the interchange on the
I-540 and
Councilman Atwell clarified that the Town does not rezone
properties without the property owner’s consent, the petition before the
Council the applicant is requesting his property be rezoned.
Charles Miller of
Karen McCoy 3805 Lake Song Circle a resident of the mobile home park
said that her concern was what would happen to the property once it was
rezoned. She was also concerned how much
notice would be given to the tenants of the property if she would be required
to move.
Councilman Dickson explained at this point the Council is
considering only the zoning of the property not the use.
Jeff Peterson 121 Morganford Place, Apex the property owner assured the
residents of the mobile home park that he would give plenty of notice of what
was being planned for the use of the property.
He said at this time, there are no plans for the property for the next
one or two years in the future.
Ella Judd of 4700 Sunset Lake Road said that she was concern with the
types of businesses that would be built in the local business district.
There being no testimony, the public hearing was closed.
Councilman Atwell explained that the Council is not
considering the type of business or construction that could possible be built
on that site, just the zoning of the property
Councilman DeBenedetto said that he was in favor of leaving
the zoning at medium density and not at the higher density.
There were must discussion among the Council Members
regarding the difference between medium density and local business zoning
district.
Action #1: The Council approved a motion to adopt the following statement of compatibility: That the zone map change is consistent with
the
Motion by:
Atwell
Second By:
Dickson
Vote:
The motion carried following a vote of 4-1 vote. Councilmen Atwell, VanFossen, Womble, and
Dickson vote for. Councilman DeBenedetto voted against.
Action
#2: The Council approved a motion to approve Zone Map Change 05-REZ-15 to change
the zoning of 7.51 acres of Wake County Pin# 0750-72-1531 from R-20:
Residential to LB: Local Business.
Motion by:
Atwell
Second By:
Dickson
Vote:
The motion carried following a vote of 4-1 vote. Councilmen Atwell, VanFossen, Womble, and
Dickson vote for. Councilman DeBenedetto voted against.
6c.
Public Hearing: Annexation
Ordinance A06-03, Charles G. Irving (Rose Project) - Mr. Jones said the Town has received a petition for voluntary
annexation of 16.17 acres being called the Rose project. He said the petition meets all the statutory
requirements for annexation.
With that explanation completed,
Mayor Sears opened the public hearing.
The following comments were recorded:
None.
There being no testimony, the public hearing was closed.
Action:
The Council approved a motion to adopt Annexation Ordinance A06-03
annexing 16.17 acres owned by Charles G. Irving, and more particularly
described as Wake County
Motion By:
Atwell
Second By:
VanFossen
Vote:
Unanimous
A copy of Annexation Ordinance A06-03 is incorporated into these
minutes as addendum pages.
6d.
Public Hearing: Zoning Map Change
06-REZ-04, Rose Project - Mr. Jones explained that the
applicant is requesting that 16.17 acres located 400 feet South of Edwards
Drive on the east side of Sunset Lake Road be rezoned from R-30 Residential to
R-8 Residential.
Mr. Jones said that this zoning request is
consistent with the Ten-Year Comprehensive Growth Plan of the Northeast Gateway
plan that designates this area as high density.
Mr. Jones said both staff and the Planning Board recommend approval. He said that one planning board member voted
against, because he feels that the R-8 zoning is not in character with the
current area and that the I-540 may never be built.
Councilman Atwell asked what uses
are in the mixed use district.
Mr. Jones said that the mixed use of the Northeast Gateway
plan would include offices, retail, single family and multi-family residential
uses.
With that explanation completed,
Mayor Sears opened the public hearing.
The following comments were recorded:
None.
There being no testimony, the public hearing was closed.
Action
#1: The Council approved a motion to adopt the following statement of compatibility: The zone map change is consistent with
the
Motion By:
Womble
Second By:
Atwell
Vote:
The motion carried following a vote of 4-1 vote. Councilmen Atwell, VanFossen, Womble, and
Dickson vote for. Councilman DeBenedetto voted against.
Action
#2: The Council approved a motion to approve a
Zone Map Change 06-REZ-04 to change the zoning of 16.17 acres of Wake County
Pin# 0750-81-5052 from R-30: Residential to R-8:Residential.
Motion By:
Womble
Second By:
Atwell
Vote:
The motion carried following a vote of 4-1 vote. Councilmen Atwell, VanFossen, Womble, and
Dickson vote for. Councilman DeBenedetto voted against.
6e.
Public Hearing: Annexation Ordinance
A06-04, Lennar Homes, LLC -
Mr. Jones said the Town has received a
petition for voluntary annexation of .302 acres, a sliver of land being
developed in Hunter Glade, phase 2. He
said the petition meets all the statutory requirements for annexation.
With that explanation completed,
Mayor Sears opened the public hearing to accept input. The following comments were recorded: None.
There being no testimony, the public hearing was closed.
Action:
The Council approved a motion to adopt Annexation Ordinance A06-04
annexing .302 acres owned by Lennar Homes, Inc., and more particularly
described as Wake County
Motion By:
Womble
Second By:
Dickson
Vote:
Unanimous
A copy of Annexation Ordinance A06-04 is incorporated into these
minutes as addendum pages.
6f.
Public Hearing: Annexation
Ordinance A06-05, Howard Beckwith - Mr. Jones said the Town has received a petition for voluntary annexation
of 4.63 acres located between Holly Glen and
With that explanation completed,
Mayor Sears opened the public hearing to accept input. The following comments were recorded:
Jim Canfield of Withers &
Ravenel, of 111 Mackenan Drive, Cary representing the applicant said that
Mr. Beckwith is requesting the Town Council to consider deferring the action
for this item until after the public hearing for the rezoning of this property.
Councilman Atwell said that he was not in favor of deferring
the action of the annexation petition and would like to action at this time and
not after the public hearing for the rezoning request.
Mr. Schifano said that the Town will be acting within its’
rights by voting on the voluntary annexation petition being the Town has
received an original signed petition by the property owner. Mr. Schifano said that the Town has allowed in
the past to act on the public hearing for the rezoning before giving action on the
annexation petition.
There being no testimony, the public hearing was closed.
Action:
The Council approved a motion to adopt Annexation Ordinance A06-05 annexing
4.63 acres owned by Howard Beckwith, and more particularly described as Wake
County
Motion By:
Womble
Second By:
DeBenedetto
Vote:
Unanimous
A copy of Annexation Ordinance A06-05 is incorporated into these
minutes as addendum pages.
6g.
Public Hearing: Zoning Map Change
06-REZ-01, North Hobby Tract - Mr. Jones said that
the applicant is requesting to rezone two properties totaling 8.4 acres,
located south of Avent Meadows Lane and west of Sycamore Creek Drive be rezoned
from Holly Springs R-15 zoning and Wake County R-30 zoning: Residential to R-10:
Conditional Use Residential with the following conditions:
1.
No more than 20% of lots shall have slab on grade foundations.
2.
All other lots shall have crawl spaces or stem wall construction.
3.
2.5” caliper (minimum) street trees shall be planted on both sides of
street at 50’ intervals.
4.
10,000 sq. ft. minimum lot size.
Mr. Jones said the requested zoning
change is consistent with the Ten Year Comprehensive plan, in preserving the medium
density designation for the use of the property.
Councilman DeBenedetto discussed with staff the minimum
10,000 square lot size requirements.
Mr. Jones said both staff and the Planning Board recommend approval.
With that explanation completed,
Mayor Sears opened the public hearing.
The following comments were recorded:
None.
Bob Blake of 321
Sycamore Creek Drive is an adjacent property owner and representative
of a group of people that lives on
Jim Canfield of Withers &
Ravenel of 111 Mackenan Drive, Cary said that there are more restricted
guidelines and requirements for the Cape Fear Buffers. He said that the developer has discussed the clearing
cutting of the trees would be a minimum and the water run-off will be contained
within the site to drain back into the creek. Mr. Canfield requested the Council to consider
approval for the R-10 CU: residential with conditional use.
Bob Blake of 321 Sycamore Creek Drive, requested the Council to consider zoning
one parcel R-10: residential and the remaining parcel R-15: residential zoning.
Mayor Sears said that the Town has received emails from
residence of Holly Glen stating they opposed.
There being no testimony, the public hearing was closed.
There were much discussion among the Council of the
advantages and the disadvantages regarding the traffic impacts, water run-off
and the lot sizes between R-10: residential and the R-15: residential zoning
districts. The Councilman all agreed
with the topography of the property that the difference between R-10 and the
R-15 zoning would be only one or two additional lots in the R-15 zoning
district.
Action
#1: The Council approved a motion to adopt the following statement of compatibility: The zone map change is consistent with
the
Motion By:
VanFossen
Second By:
Womble
Vote:
The motion carried following a vote of 4-1 vote. Councilmen Atwell, VanFossen, Womble, and
Dickson vote for. Councilman DeBenedetto voted against.
Action
#2: The Council approved a motion to approve a
Zone Map Change 06-REZ-01 to change the zoning of 4.2 acres of Wake County Pin#
0638-97-0691 from R-15: Residential to R-10 Conditional Use Residential and 4.2
acres of Wake County Pin# 0638-97-1339 from R-30: Residential to R-10
Conditional Use Residential with the following 4 (four) conditions:
1.
No more than 20% of lots shall have slab on grade foundations.
2.
All other lots shall have crawl spaces or stem wall construction.
3.
2.5” caliper (minimum) street trees shall be planted on both sides of
street at 50’ intervals.
4.
10,000 sq. ft. minimum lot size.
Motion By:
VanFossen
Second By:
Dickson
Vote:
The motion carried following a vote of 4-1 vote. Councilmen Atwell, VanFossen, Womble, and
Dickson vote for. Councilman DeBenedetto voted against.
6i.
Public Hearing: Ordinance
Amendment, 06-04 (06-UDO-01) -
Mr. Jones explained that during the past year, the Technical Review
Committee (TRC) and staff has discussed the Development Incentives Section
(2.09) of the UDO and made amendments to that section that would get more open
space and a higher quality of housing product for the Town and its
residents. Mr. Jones said the current
development incentive section requires no open space be set aside for a
project. He said this amendment would require
to set aside at least 10% of the total project area for open space, and of that
10%, at least 50% of that area will need to be active recreational, pool area,
tot lot, or playground.
Mr. Jones said another major change
to the section is decreasing the number of townhomes that are allowed. He said currently up to 50% of the units can
be townhomes. He said with the amendment
it will decrease that number to 35%, except for projects less than 25 acres or
within the Village District Area Plan boundary.
Mr. Jones said the other amendment
is increasing the design features that a developer must use for the houses to
qualify for the use of smaller lots. He
said also the use of vinyl siding is being limited to just accent features for
homes, up to 20% maximum. He said the
ordinance amendment is amending the following as well:
Mr. Jones said both staff and the Planning Board recommend approval with
conditions. He said two of the Planning
Board members voted against the ordinance saying they were concern that the
amendment is requiring the incentives to apply to all lots within a development
and not just those that use reduced lot size.
There was discussion about how the
density was calculated and the development options that may create hardships for
property owners in the future if they wanted to make architectural changes to
their homes.
With that explanation completed,
Mayor Sears opened the public hearing to accept input. The following comments were recorded: None.
There being no testimony, the public hearing was closed.
Action:
The Council approved a motion to adopt Ordinance A06-05 to approve and
enact the Unified Development amendment 06-UDO-05 to amend Section 2.09,
residential development incentives.
Motion By:
VanFossen
Second By:
DeBenedetto
Vote:
Unanimous
A copy of Ordinance 06-04 is incorporated into these minutes as
addendum pages.
7. Consent Agenda:
All items on the Consent Agenda were approved
following a motion by
7a. Minutes - The
Council approved the minutes of the Council’s regular meeting held on
7b. Minutes – The Council approved the
corrections to Council’s regular meeting held on
7c. Budget Amendment Report – The Council
received a report of budget amendments #76 through #96 approved by the town
manager. A copy of the budget
report is incorporated into these minutes as addendum pages.
7d. Resolution 06-16 – The Council adopted Resolution
06-16 enacting the Design Procedures Manual 06-DPM-01 reflecting the NC General
Statues changes regarding planning matters. A copy of Resolution
06-16 and Design Procedures Manual are incorporated into these minutes as addendum
pages.
7e. Ratification of
7f.
Budget Amendment $1,750 – The Council adopted a amendment to the FY
2005-06 budget in the amount of $1,750 to receive insurance proceeds for the
public safety department. A copy of the budget amendment is incorporated into these minutes as an addendum
page.
8a.
8b.
8c.
Ms. Stephenson said that Kimley Horn
has completed the design. She said the
scope of this project includes the construction of an additional lane of
pavement along
Ms. Stephenson said that staff is
communicating with two developers of nearby projects about the possibly adding
more improvements to this contract via change order, if so, the change order will
be coming before you in the a future meeting.
Ms. Stephenson said staff is recommending awarding the bid
to the lowest responsive bidder of Asphalt Experts and adopt a budget Ordinance
06-05 in the amount of $1,642,140, to set-up funding for this project.
Action: The
Motion By: VanFossen
Second
By: Womble
Vote:
Unanimous
Councilman VanFossen made a motion to amend the motion to adopt
a budget Ordinance 06-05 in the amount of $1,642,140, setting up funding for
this project.
Second
By: Womble
Vote: Unanimous
Copies of the Ordinance
06-05 is incorporated into these minutes as an addendum page.
8d.
Forest Springs Subdivision Developer’s Agreement Terms – This agenda item was removed
during agenda adjustment.
8e.
Union Ridge Development Sewer Alternative – Ms. Sudano said Union Ridge subdivision
is a 221-lot residential development approved by the Town Council in July 2005
and that is now in the construction review process. She said the approved plan shows sewer service
to the project via a deep gravity sewer line tying into the Town’s new regional
Ms. Sudano said that in December 2005, the Council approved terms
of a developer agreement that included, among other things, fee credits to the
developer for over-sizing the gravity sewer line between
Union Ridge and the Avent Ferry pump station. She said that since that time, however, the
developer has realized that installing a gravity sewer line would be too
expensive.
She said the developer is requesting that the Town approve a
change to his subdivision plan to provide sewer service with a new pump station
instead of the original planned gravity sewer line.
Ms. Sudano said the developer’s
engineer provided the following estimated costs of various pump station scenarios
to serve the Union Ridge development:
·
$350,500
to serve Union Ridge plus the entire basin.
Ms. Sudano said staff and the town consultants think this number may be
too low. She said the pump station would
be similar to the size of the Avent Ferry Regional pump station, which is costing
$800,000.
· $188,200 to serve just Union Ridge
subdivision.
· $162,300 is the cost difference
between the two scenarios above. Ms. Sudano
said that staff and the town manager would not recommend issuing credits for
any portion of a pump station. She noted
that the town has spent additional monies modifying the
Ms. Sudano said the developer’s
engineer also has provided the following estimated costs for gravity sewer scenarios
to serve the development:
· $3,100,421 on the original alignment
through Union Ridge. Of that, $176,804
is the developer’s estimate of the portion that is attributable for upgrades
and that would be eligible for credits against Town fees;
· $2,460,397 on alignment through a low
point on Progress Energy property. Of
that, $344,818 is the developer’s estimate of the portion that is attributable
for upgrades and that would be eligible for credits against Town fees;
· This option would be suitable - $1,587,932
revised cost on alignment through the low point on Progress Energy property. The Town would request bore instead of trench installation. Of that amount, $899,550 of the cost is the
developer’s estimate of the portion that is attributable for upgrades and
eligible for credits against Town fees; and
· The Town estimates at least $15,000
annual operations and maintenance costs for each pumping station of this size.
Ms. Sudano said there also are utility credits, such as
water and sewer capacity, available for the Union Ridge project.
Councilman Womble asked staff to explain the $15,000 pump
station annual operations and maintenance cost.
Ms. Sudano explained that the Town does not permit
installation of new pumping stations for development when gravity sewer exists
downstream. She said in this particular
instance and location, the costs of the various gravity sewer options increase
in expense for the Town as they decrease in expense for the developer, because
a larger proportion of construction costs are attributable to over-sizing as
the sewer line is moved into less deep, more suitable areas. She said the result of this is that more town
money (via fee credits) is spent for the gravity sewer line option that is most
suitable.
She
said for new pump stations of the size needed, the average annual operating and
maintenance costs is $15,000 because of a station’s increased risk of
environmental spills and because the stations provide an additional source of
complaints for odor and traffic, which the Town would be expected to address.
Ms. Sudano explained that for the Union Ridge project, the downstream
sewer was modified to handle this project’s flow by gravity via lowered
inverts.
Ms. Sudano said that the Town does not support the
installation of new pumping stations.
She added that staff would recommend that, if the Council approves the
developer’s request to serve Union Ridge development with a pumping station, that
the Council’s approval be subject to the following being included in an infrastructure
reimbursement agreement: no reimbursement credits would be given for sewer, and
the developer would pay a $15,000 operation and maintenance payment annually to
town for the 10 years that is the life expectancy of a pump station.
Councilman VanFossen said that there is always the option of
adding gravity sewer.
Shawn Hine of Blackmon Engineering,
He said the estimated engineer’s
cost to serve the development plus the entire basin is $350,500, and the cost
to serve the just Union Ridge subdivision is $188,200. He said the developer is requesting
permission without conditions to install a pump station instead of gravity
sewer to serve the area and the development, along with $162,300 in fee
credits, which amounts to the difference between the cost of a pump station to
serve the entire basin and the cost to serve only the Union Ridge subdivision.
Councilman VanFossen said he did not
understand why the Town was not giving the developer credits for over-sizing the
proposed pump station and why the Town would be charging $15,000 annually in operation
and maintenance fees.
Ms. Sudano explained the plan
originally calls for a gravity sewer line and feels that is what should be
constructed. She said the reasoning for
$15,000 in annual operation and maintenance fees is based on an estimate of how
much it is going to cost the town for maintaining a pump station.
Councilman
VanFossen said he felt that if this was a Town project, the Town would be
proposing a pump station versus a gravity sewer line.
There
was further discussion about the developer’s engineer’s estimates, which could
be considered too low.
Councilman VanFossen said he felt
the developer should be allowed to install a pump station to serve the entire
basin at a cost based on the engineer’s estimate of $350,500 and that the Town
should provide $162,300 in credits. He
said, in his opinion, it would be up to the developer to pay the rest of the
cost and to design the pump station according to the Town’s standards.
Ms. Sudano said that the development
reimbursement agreement could be written to reflect that concern.
On the question of an annual
operations and maintenance fee, Councilman VanFossen said he understood the
developer pays sewer and water fees, which should cover the operations and
maintenance for the pump station.
Ms. Sudano explained that the
operation and maintenance fee is captured with the sewer and water billing
monthly fees, and the development fees are the fees to cover only the
installation of infrastructure.
Councilman VanFossen said he still
did not think the developer should not have to pay the $15,000 per year
operations and maintenance fee.
Councilman Womble said he agreed
with Councilman VanFossen.
Councilman DeBenedetto asked what
the impact would be to the Town if the operation and maintenance fees were not
paid.
Mr. Dean said the reasoning behind the
Town’s requiring gravity lines is that the Town is trying to eliminate pump
stations altogether in order to lower the cost of the operations and
maintenance of pump stations. Mr. Dean
explained that the development plan originally was approved as a gravity sewer
line. Based on that approval, the Town
went to the added expense of redesigning the
Councilman VanFossen asked what
impact the redesign would have on the Town.
Ms. Sudano explained that the Town
lowered the sewer line inverts and wet well modification at the pump station.
Councilman VanFossen and Ms. Sudano
discussed the magnitude and the expense of the upgrades to the pump station.
Councilman Womble asked if the Town
has any written policy regarding this matter and if the town is going to
continue to implement gravity sewer requirements in lieu of pump stations and continue
to impost operation and maintenance fees for developments that install pump
stations.
Ms. Sudano said yes, the Town has a
written policy in the Engineering Design and Construction Standards that
addresses this issue. She said that the Town’s
rule is it will consider allowing installation of a pump station if the
estimated cost of installing a gravity line is 3.5 or more times the estimated
cost of a pump station.
There was further discussion of the
reasoning behind recommending gravity sewer lines versus pump stations,
including the Town’s goal to reduce the number of these individual types of pump
stations; and that it would be more cost-effective to build and utilize
regional pump stations, which would result in less odor and environmental
issues.
Action:
The Council approved a motion to approve the developer’s requests, to
wit, the Union Ridge subdivision plan is amended to show sewer service provided
via a new pump station (labeled as “D” on Exhibit “A”) designed in accordance
with Town standards to serve the entire basin at an estimated cost of $350,500,
with the developer’s being responsible for any cost above the estimate; that
the Town will provide $162,300 in infrastructure reimbursement credits for
sewer; and that the developer will not be required to pay the $15,000 annual
fee for operations and maintenance.
Motion By: VanFossen
Second
By: Womble
Vote:
Unanimous
A copy of Exhibit A is
incorporated into these minutes as an addendum page.
9.
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. None.
10.
Other Business: Councilman DeBenedetto recognized
the article in the Triangle Community that highlighted
11.
Manager’s Report: Mr. Dean reminded the Council
Members that Monday was the Economic Develop Golf tournament. He said the North Carolina Amateur Sports has
chosen
12.
Closed Session: The Council approved a motion to
enter into Closed Session, pursuant to G.S. 143-318.11(a)(3)
to discuss with the town attorney particulars involving a matter of condemnation
of property for right of way easement on Avent Ferry Road; and pursuant to G.S.
143-318.11(a)(4) and to discuss a matter of economic development incentives for
a potential industry.
Motion
By: Atwell
Second
By: Dickson
Vote: Unanimous
General Account of Closed Session –
In Closed Session, the town attorney
requested for direction from the Council on negotiations of
condemning Mike Carroll’s property for right of way
located on
Also, in Closed Session, the Council Members were updated on
potential economic development prospects for property in the business park and
for the landfill property. The Council
gave direction to staff for an economic incentive package to offer to the
prospect.
-- 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