Regular Meeting
The
Staff Members Present:
2 and 3.
The Pledge of Allegiance was recited, and the meeting opened with an
invocation by Rev. Horace Ferguson of
4.
Agenda Adjustment: The
Motion
By: Dickson
Second
By: Atwell
Vote: Unanimous
Items
Added to the Agenda: None.
Agenda
Items Moved: Agenda item 8a., Consider approval of development plan 06-DP-01 for
Other
Changes: None.
Mayor
Sears at this time recognized members of Troop #356 who are working on their
Communications Merit Badge. One of the
requirements is to attend a government meeting.
5a. Kids Appreciation Day,
Mayor Pro Tem Dickson presented a
proclamation to the Kiwanis Club of
Action:
None.
5b. Holly Spring Development Corporation
Report – Mr. John
Wood, 4820 Sunset Flower Circle, and representative of the
Action:
None.
6a.
Public Hearing: Annexation
Ordinance A06-09, Leonard Schaffer -
Mr. Jones explained that the Town has received a petition for voluntary
annexation filed by Leonard Schaffer requesting annexation of 39.57 acres
located along West
With that explanation completed,
Mayor Sears opened the public hearing to accept input. The following comments were recorded:
Thomas Spaulding, of Spaulding
and Norris, P.A., 972 Trinity Road, Raleigh – Mr. Spaulding, representing
the applicant, requested that the Town consider approval for the annexation of
39.57 acres into the city limits. He
said that the annexation would make a good addition to the Town.
There being no further input, the
public hearing was closed.
Action:
The Council approved a motion to adopt Annexation Ordinance A06-09
annexing 39.57 acres owned by Leonard Schaffer, and more particularly described
as Wake County
Motion By:
Atwell
Second By:
Dickson
Vote:
Unanimous
A copy of Annexation
Ordinance A06-09 is incorporated into these minutes as addendum pages.
6b. Public Hearing: Rezoning Zoning Map Change 06-REZ-06,
Schaffer Property - Mr. Jones explained that the Town has
received a petition to rezone approximately 39.57 acres from Wake County R-30:
residential to R-MF-15: multifamily residential. He said the property is located on
Mr. Jones said the Planning Board
discussed the very high-density residential zone and questioned why this area
was designated for very high-density on the land use map. He said the rezoning request is in conformance
with the very high-density residential designation of the Ten-Year Comprehensive
Land Use Plan. He said staff recommends
approval, and the Planning Board does as well, following a 6 to 1 vote.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded:
Thomas Spaulding, of Spaulding and Norris, P.A.,
Mr. Jones discussed with the Council members the zoning of adjacent
properties and the proposed use of the BFI landfill after closure.
There being no further input, the public hearing was closed.
Action
#1: The Council approved a motion that the following statement is true: The zone map change is consistent with the
Motion By:
Atwell
Second By:
Dickson
Vote:
Unanimous
Action #2:
The Council approved a motion to approve Zone Map Change Petition 06-REZ-06
to change the zoning of 39.57 acres of Wake County
Motion By:
Atwell
Second By:
Dickson
Vote:
Unanimous
6c.
Public Hearing: 900
Mr. Jones said the Council
previously approved six mobile classrooms in December 2005. He said in June 2005, the Council approved a
total of seven 960-square foot mobile classrooms. He said that two of the seven classrooms were
installed adjacent to the Middle School, and one classroom was installed adjacent
to the Elementary School. He said
adjacent to the middle school two single-classroom buildings and one
six-classroom building currently exist, and the petition is proposing to add a
six-classroom building, while an additional two single-classroom buildings are
approved, but have not been installed.
Mr. Jones explained that according
to the Unified Development Ordinance (UDO), in order to utilize temporary
mobile classrooms, a Special Exception Use must be granted by the Town
Council. The Town Board must base its
decision on whether the applicant is making progress towards a
Councilman Atwell asked what would
the results be if the town voted not to allow the installation of the requested
mobile classrooms -- what would be the impact on the schools.
Mr. Jones explained that the schools would be locating the classrooms
at-will, in hallways and the existing structures.
Mr. Jones said the Planning Board discussed
the storm water and impervious surface calculations, the utilization of
multi-classrooms buildings; site stabilization and landscaping. He said both staff and the Planning Board recommend approval with
conditions.
With that explanation completed, Mayor Sears opened the
public hearing to accept sworn testimony and qualified evidence. Under oath administered by the Deputy Town
Clerk, the following provided testimony to be recorded:
Jerry Bradley, 111 Devroah Lane,
Raleigh – Mr. Bradley, representing the Wake County Public School System, addressed the
Council’s concerns regarding the location of the units and the growth
Councilman DeBenedetto asked what
would be the life span of the mobile classrooms.
Mr. Bradley said the life span of the mobile units is
approximately 20 years before needing to be replaced. He said Wake County Schools is placing 103
modular units this year located on Wake County Elementary and Middle school
campuses, in hopes of solving the growth problem.
Councilman Atwell commented that he was concerned about why the
Wake County Public School System does not plan for growth from the beginning for
new schools, like everyone else who plans and design
facilities.
Mr. Bradley said that the additional mobile classroom will meet
the needs for the Elementary and Middle Schools and that the original campus plan
was designed for placement of modular units to be added in the future.
David Kasseling
Mr. Jones said that staff is unaware of any disturbance of
any playground areas. He said the second
unit would be located on the west side of the basketball court. He said that there may be open areas that
children play, but that they are not designated as a playground.
Councilman Atwell said that he did not agree with Wake
County Public School Systems strategy for
There being no further testimony, the public hearing was
closed.
Action
#1: The
a.
The
proposed use will not be
injurious to the public health, safety, comfort, community moral standards,
convenience or general welfare;
b.
The
proposed use will not injure or
adversely affect the adjacent area;
c.
The
proposed use will be consistent
with the character of the district,
land uses authorized therein,
and the Town of
d.
The
proposed use shall conform to all development
standards of the applicable district
(unless a waiver of such
development standards is
requested as part of the special
exception use petition and approved as set forth above, in which case
the proposed use shall conform to the terms and conditions of such waiver).
e.
Access drives or driveways are
or will be sufficient in size and properly located to: ensure automotive and
pedestrian safety and convenience, traffic flow as set forth in Section 7.09 –
Pedestrian Circulation and Vehicular Area Design; and, control and access in
case of fire or other emergency;
f.
Off-street parking areas, off-street loading areas, trash enclosures, trash pick-up and
removal, and other service areas are located so as to be safe, convenient,
allow for access in case of emergency, and to minimize economic, glare, odor,
and other impacts on adjoining properties and properties in the general
neighborhood;
g.
The
lot, building or structure proposed
for the use has adequate
restroom facilities, cooking facilities, safety equipment (smoke alarms,
floatation devices, etc.), or any other service or equipment necessary to
provide for the needs of those persons whom may work at, visit or own property
nearby to the proposed use;
h.
Utilities,
schools, fire, police and other necessary public and private facilities and
services will be adequate to handle the needs of the proposed use;
i.
The
location and arrangement of the use on
the site, screening, buffering, landscaping, and pedestrian ways harmonize with
adjoining properties and the general area and minimize adverse impacts; and,
j.
The
type, size, and intensity of the proposed use (including but not limited to such considerations as the
hours of operation and numbers of people who are likely to utilize or be
attracted to the use) will not
have significant adverse impacts on adjoining properties or the neighborhood.
Motion by:
Womble
Second By:
DeBenedetto
Vote:
The motion carried following a 3-2 vote.
Councilmen DeBenedetto, Womble, Mayor Sears
voted for. Councilmen Atwell and Dickson
voted against.
A copy of Special
Exception Use application 06-SEU-01 entered into the record by the applicant
and addressing the findings of facts is incorporated into these minutes as
addendum pages.
Action
#2: Having made findings of fact that the project meets the
requirements to be granted a Special Exception Use, the
a.
All
dead and missing landscaping is to be replaced and or installed in a
a.
Provide
signed and sealed calculations and written explanation of the cubic feet per
second of flow existing and the cubic feet per second of the post proposed
flow. (Calculations have been received
by the town with the la
a.
On
previously approved Holly Ridge Elementary & Middle School Modular Units,
there was a condition of approval about S&EC and stormwater
issues for this site. Documentation that
this has been satisfied must be received prior to construction drawing
approval.
Motion by:
Womble
Second By:
DeBenedetto
Vote:
The motion carried following a 3-2 vote.
Councilmen DeBenedetto and Womble voted for. Councilmen
Atwell and Dickson voted against. Mayor
Sears broke the 2-2 tie by voting for the motion.
6d. Public Hearing: Shoppes
at
Mr. Schifano said the final draft
that is before the Council and sets forth aspects for signage; on- and off-site
infrastructure; road improvements; parking lot lights; permits and development
standards.
He said the Council is to resume the public hearing and take
action on the development agreement.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded: None.
There being no input, the public hearing was closed.
Action:
The Council approved a motion to enter a development agreement with
Motion By:
Womble
Second By:
DeBenedetto
Vote:
Unanimous
A copy
of the draft
Mr. Jones said six acres is planned
for dedicated open space, including the historic natural spring site.
Mr. Jones said the plan proposes 39
parking spaces to be shared between the Mims and Wright houses along
Mr. Jones explained that the
proposed plan calls for a higher density that what was submitted to the Town in
January 2006. He said that staff
encouraged the developer to add as much density as possible.
Mr. Jones reviewed the original
layout of the proposed plan and the
current revised plan. He said the
revisions affect the townhomes and the residential
areas, which took the houses closer to the streets.
Mr. Jones said the applicant is requesting approval for the
development plan as well as consideration for waivers to the UDO regulations
and an exception to
the town’s Engineering and Construction Design Standards to allow waterlines not to be
required along the entire roadway frontage length of a proposed project (i.e.
Councilman Womble
asked which street the single-family homes would be facing. Mr. Jones said they
would face
Mr. Jones said the
Councilman DeBenedetto asked if the
definition of very high density would be considered apartments.
Mr. Jones explained that the site is located within the
Village District Area Plan (VDAP) which has the site(s) designated for
Park/Open Space and attached residential uses. The VDAP does encourage higher
density residential uses within the Village District and the conversion of
existing homes to non-residential uses, which the current plan proposes.
There was discussion among the Council members regarding
similar townhome developments in other areas of the
Town with very high density and the proposed single-family residential area
with front-loaded garages.
Don Mizelle of
There was much discussion among staff and the Council
regarding parking and site elevations.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded:
Councilman DeBenedetto
said that he would be in favor of tabling the development plan until the town receives
the building elevations.
Thomas Spaulding 971 Trinity Street, Raleigh – Mr.
Spaulding, representing the developer, explained to the Council that the development plan is
proposing as much storm water studies and protection as the library site.
Councilman DeBenedetto said that
it appears that 15 to 16 houses are in the impervious surface areas. He asked if the drainage for those houses will
drain down toward the creek.
Mr. Spaulding said that he will review that area and evaluate
further during the construction drawing submittals.
Kevin Heyel
of 416 W. Ballentine Street – Mr. Heyel
said that his main concern was for the drainage on the corner lot located near
Utley Creek. Mr. Heyel
distributed pictures of Utley Creek during a rain storm and a photo of the flow
when it’s not raining. He requested the
Council consider removing the townhomes that are adjacent
to the existing residential dwellings from the proposed development plan.
Ken Macier of 117 Dutch Hill Road
– Mr. Macier said that he was concerned with the overall view of the
town, being this is one of the core areas.
He said that the Ten–year Comprehensive Plan, before the revisions, proposed
a theater and park area, and low-density for that area. He said that he was concerned about the townhomes being so close to the cultural center and library
because it would increase the current traffic problem. Mr. Macier said he didn’t
understand why townhomes would benefit the Town
instead of the theater and park areas.
Shannon Harris of 409 Ballentine
Street – Mr. Harris
said that he was concerned about the area leading to the springs. He said that the property behind the church is
too steep to walk to the springs and if the property is developed it would
limit the access. He said his major
concern would be the increased traffic and current speeding problem along
There being no further input, the public hearing was closed.
Councilman Atwell said he agrees with the need of high
density in the downtown areas, but he is not in favor of townhomes
for this area.
Mayor Sears asked Mr. Mizelle at
what time can the Town receive the building elevations.
Mr. Mizelle said that the elevations
cannot be provided at this time because the developer needs the Town approval
for loan purposes, and the property has not yet been marketed for sale to
contractors. He asked the Council for
suggestions regarding the development plan and what they would like to see on a
revised plan.
Councilman Atwell agreed that the use of the area should be as
a park and that townhomes at that particular location
would not be best for the town.
After much discussion, the Council voiced their likes and
dislikes regarding the plan. The Council
members suggested tabling the development plan to allow the developer to revise
the configuration of the plan with less townhome
units.
Mr. Mizelle said that he agreed
with tabling the development plan for more study.
Action: The Council approved a motion to table
Development Plan #06-DP-01 for Monument Park as submitted by Stafford Land
Company, Inc., project number 596-05, revised
Motion: Womble
Second: DeBenedetto
Vote: The motion carried following a 3-1 vote. Councilmen DeBenedetto,
Womble and Atwell voted for. Councilmen
Dickson voted against.
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 and special meetings held in April, 2006.
7b. Budget Report–
The Council received a report of budget amendments #121 through #136 approved
by the town manager. A copy
of the budget report is incorporated into these minutes as addendum pages.
7c. Budget Amendment,
$17,000 – The Council adopted a budget amendment to the fire
station project fund. A
copy of the budget amendment is
incorporated into these minutes as an addendum page.
7e.
Set
Public Hearing for FY 2006-07 Budget – The Council set a public hearing for 7 p.m.
Tuesday,
8b. Ordinance 06-09,
Amendment to the Animal Control Code – Mr. Schifano explained
that this ordinance would amend the Town Code, Chapter 12 Public Safety, Section 12-65 addressing animal cruelty. He said the ordinance revision is one of the
most comprehensive approaches to animal protection. He reviewed the ordinance amendment with the
Council members.
Councilman Atwell asked the meaning of section “(C), (2)
Failing to keep an animal under sanitary and humane conditions which are not
detrimental to the animal's health and general welfare and which maintain a condition
of good order and cleanliness and reduce the possibility of transmission of
disease” and suggested modifying the language not to read as a double
negative.
All were in
consensus to amend the section (C) (2) at the town attorney’s discretion.
Action: The
Motion By: Womble
Second
By: Atwell
Vote: Unanimous
A copy of Ordinance
06-09 is incorporated into these minutes as addendum pages.
8.
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.
9.
Other Business: None.
10.
Manager’s Report: Mr. Dean invited the Council members
to Kids Appreciation Day on
Mr. Dean said that the Town of
Mr. Dean followed up with the items that the Council
requested at the Budget Workshop. He
said that Human Resources Director
Mr. Dean said staff added an
additional $100,000 to the line item from park reserves to include another
parking lot at
Mr. Dean said that he has not heard
from any civic clubs as discussed as it relates to additional funding for
Mr. Dean said in conversations with Mr.
Tillage, the Mag Meter purchase can wait an
additional year. He said that Mr.
Tillage does everything by policy from a safety standpoint, and can do the same
thing for an additional year. Mr. Dean
said that staff recommends not to include this purchase in this year’s budget.
He said that the
Mr. Dean said the cost of contracting a tub grinder would
range between $30,000 and $40,000 per month.
The cost of having a contractor come on site for grinding would be
approximately $400 to $600 per hour.
Mr. Dean said he recommends that the Town keep the purchase
of a chipper in the budget and add enough funding ($10,000 range) to rent a tub
grinder during the year and delay the purchase of a tub grinder until the
Town’s usage would justify it.
Mr. Dean said that staff has reviewed the public safety
positions proposal, and recommends to leave the fire positions as stated in the
budget, and to move the half-year police department positions to full-year
positions. He said the added three
positions in the fire division, which would increase each shift by one person,
and if additional positions were required, they would need to be added in
groups of three (one per shift). He said
the cost for each new firefighter position is $40,690 or a total of $122,070
for the three.
He said in the police division, the cost of moving the two positions
from half- to full-year is $50,454. To
add new positions, the town would have to adjust the operating budget by
cutting other department budgets or increasing the tax rate.
Mr.
Dean said that staff recommends to shift the two police officer positions from
half-year to full-year positions at a budget increase of $50,454 and make no
changes in the fire department for FY 2006-07.
Mr.
Dean at this time discussed the possibility of separating the police and fire
divisions and making two departments. He
said that this has been discussed over the past several years, because of the
growth rate of the town. He said that
separating the two divisions in the future was a suggestion in the last pay
classification study.
Mr. Dean said that because this is such a big change and not
knowing how the change would affect the budget, staff recommends that the town research
those costs as well as how the transition of separating the police and fire
departments would be handled before a decision is made by the Council.
All the Council members were in consensus to proceed with
this study and develop a strategy and incorporate the associated costs for
inclusion in this year’s budget.
Mr. Dean said that are still several small departmental
adjustments in the budget prior to final budget consideration at the June 6th
meeting.
Mayor Sears clarified that staff’s recommendation is not to
add additional firefighters to this year’s budget.
Mr. Dean said that was correct.
Councilman DeBenedetto
said that he agreed with separating the police and fire departments and to
study the possibility. He said he agreed
with adding money to the FY 2006-07 budget to conduct
the study and implementation. Mr. Dean
said that not knowing what the cost will be to make the changes, he recommends
to research the separation of the two departments and bring the findings back
to the Council for review.
Councilman Womble said that the town needs more information
on the salary classification and job descriptions before making a decision.
Councilman Atwell asked if the separating of the two
divisions have anything to do with the police and fire departments performance
or problems as the department is currently operating.
Mr. Dean said that there is not a problem with the operation
or performance, but as the town grows and gets larger the Town needs to make
this change to meet the demands of town’s growth.
Mr. Dean explained that staff has been interviewing each
department’s employees in the past year for job performance.
There was much discussion on the comparison of the debt
service and fund balance of
Council members were in consensus with the town manager’s
recommendation to continue the study of a separation of the police and fire
departments and will await more information at the June 6th Town
Council meeting.
Mr. Dean reminded the Council that June 7th is Town
Hall Day and encouraged them to register with the town clerk if they wished to
attend.
11.
Closed Session: The Council approved a motion to
enter into Closed Session, pursuant to G.S. 143-318.11(a)(4)
to discuss a topic involving an economic development project and pursuant
to G.S. 143-318.11(a)(3) to discuss matters of right
of way acquisition for sewer and road improvements easement on property located
in the western part of Town.
Motion
By: Dickson
Second
By: Atwell
Vote: Unanimous
General Account of Closed Session –
In Closed Session, the town manager
updated the Council members on the progress of a potential new industry to be located
in the
Mr. Schifano discussed the matter
of negotiations of possible infrastructure easements to be located on the
Mosley Family Venture property or the BFI property. The Council gave the town attorney direction.
-- End General Account
The Council approved a motion to return to Open Session. The
motion was made by Councilman Atwell, seconded by Councilman Dickson 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