Regular Meeting
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. Doug Parlin of
4. Agenda
Adjustment: The
Motion By: Dickson
Second By: Atwell
Vote: Unanimous
Items Added to the
Agenda: None.
Items Removed from
the Agenda: Items 7n., a proposal
for design of the Gable Ridge culvert; 7o., a proposal for design of the Gable
Ridge detention pond; and Item 8b., a condemnation resolution for the location
of a water meter vault.
Consent Agenda
Items Moved to Regular Business: None.
Other Changes: None.
5a. Interact
of
Action: None.
5b.
Action: None.
6a. Public
Hearing: Ordinance 06-14, UDO Amendment 06-UDO-04 on Signs – Ms. Bobber explained that the public hearing remains
open from the July 18 Council meeting when it was opened and continued.
With that explanation completed, Mayor Sears reopened
the public hearing to accept input. The
following comments were recorded: None.
There
being no input, Mayor Sears entertained a motion that the hearing be further
continued.
Action: The
Motion By: VanFossen
Second By: Womble
Vote: Unanimous
6b. Public
Hearing: Development Plan 06-DP-01 for
With that explanation completed, Mayor Sears closed the
public hearing and entertained a motion to accept the plan withdrawal.
Action: The
Motion By: Atwell
Second By: DeBenedetto
Vote: Unanimous
6c. Public
Hearing: CDBG Economic Development Grant
Funds – Ms. Mizelle explained that it is possible for local
governments to apply for Community Development Block Grant economic development
grant money for purposes of encouraging private sector investment and job
creation in their respective jurisdictions.
She said that Novartis provides the Town of
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
Motion By: Womble
Second By: DeBenedetto
Vote: Unanimous
6d. Public
Hearing: Avent Ferry Road Fire Station
Annexation A06-11 – Ms. Bobber explained that the Town intends to annex its fire station situated on 1.46 acres located at
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
Motion By: Atwell
Second By: Dickson
Vote: Unanimous
A copy of Ordinance A06-11 is
incorporated into these minutes as addendum pages.
6e. Public Hearing:
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
Motion By: Atwell
Second By: VanFossen
Vote: Unanimous
A copy of Ordinance A06-12 is
incorporated into these minutes as addendum pages.
7. Consent
Agenda: The Council approved a motion to approve all
items on the Consent Agenda, recusing Councilman VanFossen and Mayor Sears from
Item 7j. due to their professional involvement with some aspects of Twelve Oaks
Subdivision that is requesting the street name change. The motion carried following a motion by
7a. Minutes - The Council approved minutes
of the Council’s special meeting held on June 28 and regular meeting held on
7c. Resolution 06-36, Water Bonds – The Council adopted Resolution
06-36 setting a public hearing for
7d. Budget
Amendment – The Council adopted amendments to the FY 2006-07 budget to facilitate the
reorganization of the department of public safety. Copies
of the budget amendments are incorporated into these minutes as addendum pages.
7e. Budget Amendment,
$60,000 – The Council adopted an
amendment to the FY 2006-07 budget to purchase two new police vehicles. A copy of the budget amendment is
incorporated into these minutes as an addendum page.
7f. Budget Amendment,
$1,250 – The Council adopted an
amendment to the FY 2006-07 budget in the amount of $1,250 to receive insurance
proceeds for a damaged police vehicle. A copy of the budget amendment is incorporated
into these minutes as an addendum page.
7g. Ratify Property
Sales Agreement – The Council ratified an amendment to the property sales agreement
approved by the Council on
7h. Budget Amendment $176,514 – The Council adopted amendments to the FY
2006-07 budget in the amount of $176,514 from sewer reserves and authorized
payment of state environmental mitigation fees due on the town’s water
reclamation facility expansion project. Copies of the budget amendments are
incorporated into these minutes as addendum pages.
7i. Resolution 06-39, Reuse
Standards – The Council adopted
Resolution 06-39 adding Section 6.5, Reclaimed Water System Standards, to the
Engineering Design and Construction Standards Manual. A copy
of Resolution 06-39 is incorporated into these minutes as addendum pages.
7j.
Resolution 06-40 – The Council
adopted Resolution 06-40 approving a street name change for Ballentine Street
Extension to Green Oaks Parkway. A copy
of Resolution 06-40 is incorporated into these minutes as an addendum page.
7k. Budget Amendment, $8,000 – The Council
adopted amendments to the FY 2006-07 budget in the amount of $8,000 from street
reserves and approved to enter into a contract with S&ME for geotechnical
services on
7l. Elevated Reuse Water Storage Tank – The
Council received a report on the elevated reuse water storage tank site.
7m. Asphalt Experts Contract Change Order –
The Council authorized a change order to the Avent Ferry Road Asphalt Experts
construction contract to add the paving of
7n.
Gable Ridge Culvert Design – This item was removed during Agenda
Adjustment.
7o. Gable
Ridge Detention Pond – This item was
removed during Agenda Adjustment.
Councilman
Womble asked for clarification of why Councilmen VanFossen and Mayor Sears were
being recused from an item on the Consent Agenda. Councilman Dickson explained that the two
elected officials have some professional involvement with the Twelve Oaks
Subdivision’s developer.
Councilman
DeBenedetto asked if it was not correct that recusal for city officials should
only be in the case of direct financial interest and not mere professional
association.
Mr.
Schifano said the statute is not that specific but says that an official should
recuse himself or herself in a case where “the likelihood for financial gain
exists.” To be safe, he said, he would
recommend the recusal.
Action:
The
Council approved a motion to readmit
Mayor Sears and Councilman VanFossen into the meeting.
Motion
By: Atwell
Second
By: Dickson
Vote:
Unanimously
8a. Flood
Prevention Ordinance Variance Request
– Ms. Keefer explained that the Town had received a request for a variance to
the Flood Damage Prevention Ordinance to allow the applicant to place fill in
the floodplain on lot 77 in the Sunset Lake Village Subdivision,
Ms. Keefer explained that the Sunset Lake Village
Subdivision plat was recorded in February 1994 and that the Town entered into
the National Flood Insurance Program (NFIP) in December 1994. She said at that time the town’s first
version of a flood damage prevention ordinance was used to regulate development
in the FEMA Floodplain.
She
said the Town’s current ordinance requires that all residential lot
construction occur outside of the floodplain, and that no fill is permitted on
residential lots to provide buildable area outside of the floodplain. Since the
Ms.
Keefer explained that on
In
1992 when the lot was originally recorded the Town did not enforce regulations
to keep residential structures outside of the floodplain. The property owners met with staff in June of
2005 to determine if there was enough buildable area outside of the floodplain
to construct a house without need for a variance. At that time, the 1992
After
hiring a consultant and the adoption of the new
The
applicant has provided sufficient documentation to the Town that supports the
ability to obtain a LOMA-F from FEMA.
Action #1: The
Council approved a motion to make and accept the required findings of fact and
conditions for a variance to be recorded in the minutes for a variance to the
Flood Damage Prevention Ordinance for
Findings of Fact:
(1) The danger
that materials may be swept onto other lands to the injury of others;
(2) The
danger to life and property due to flooding or erosion damage;
(3) The
susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner;
(4) The
importance of the services provided by the proposed facility to the community;
(5) The necessity to the facility of a waterfront
location as defined under Sec. 8-85 of this ordinance as a functionally
dependant facility, where applicable;
(6) The
availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use;
(7) The
compatibility of the proposed use with existing and anticipated development;
(8) The relationship of the proposed use to the
comprehensive plan and floodplain management program for that area;
(9) The
safety of access to the property in times of flood for ordinary and emergency
vehicles;
(10) the expected heights, velocity, duration, rate
of rise, and sediment transport of the floodwaters and the effects of wave
action, if applicable, expected at the site; and
(11) the
costs of providing governmental services during and after flood conditions
including maintenance and repair of public utilities and facilities such as
sewer, gas, electrical and water systems, and streets and bridges
Conditions for Variance:
(1) This variance shall not be issued when the
variance will make the structure in violation of other Federal, State, or local
laws, regulations, or ordinances.
(2) Variances shall not be issued within any
designated floodway or non-encroachment area if the variance would result in
any increase in flood levels during the base flood discharge.
(3) Variances shall only be issued upon a
determination that the variance is the minimum necessary, considering the flood
hazard, to afford relief.
(4) Variances shall only be issued prior to
development permit approval.
(5) Variances shall only be issued upon:
i) A showing
of good and sufficient cause;
ii) A determination that failure to grant the
variance would result in exceptional hardship;
iii) A
determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, or extraordinary public
expense, create nuisance, cause fraud on or victimization of the public, or
conflict with existing local laws or ordinances;
Motion By: Atwell
Second By: DeBenedetto
Vote: Unanimous
Motion By: Atwell
Second By: DeBenedetto
Vote: Unanimous.
8b. Water Meter Vault Property Condemnation – This item was removed during Agenda Adjustment.
8c. State Employees’
Credit Union, 06-DP-05 – Mr.
Zawadski, explained that the town had received development plan 06-DP-05 for a
State Employees’ Credit Union. He said
the plan proposes an 8,200 square foot State Employees Credit Union on an 8.2-acre
site located on the northwest corner of the Highway 55 Bypass and
Mr.
Zawadski explained that the plan proposes 80 parking spaces and five teller
lanes. He said access to the site would
be off of
Mr. Zawadski said the project is located within a gateway
corridor and is therefore subject to a higher degree of architectural
standards. He said the exterior building
would be constructed primarily of red brick and ivory stucco, and architectural
elements such as a dormer with louver, multiple columns, multiple gables, and
an extended covered entryway are incorporated into the building design. He said the roof is proposed to be surfaced
with charcoal gray shingles.
Mr. Zawadski said that the
Mr. Zawadski said the Planning Board
discussed the request and development plan at its June 27 meeting. Discussion topics included the
location and appearance of the pump station; the possibility of water re-use; Condition
8 of the Holly Springs Business Park PUD; the building elevations and the size
of the building. He said both staff and the Planning Board recommend approval with
conditions.
Action #1: The
Motion By: Atwell
Second By: Dickson
Vote: Unanimous
Action #2: The
1)
Prior to Town Council Approval, the following must be completed:
a)
Provide 24”x36” scalable, color building elevations with building
material and color call-outs (as they have been
submitted)
2)
All previously
approved conditions of approval for G&G Properties Holly Springs Business
Park PUD shall apply to this plan.
a)
Condition 8 states that – Access to the Jones
property on the north side of
b)
(Note: Omit if Approved Motion #1) Condition 5 states that- Clarification that draft
Covenants that creates an Owner’s Association for the maintenance of the common
areas and recreational facilities including, but not limited to, streets,
parking areas, easements, and the like will be required to be submitted for the
Town’s review at time of submittal of the first Development Plan/Site Plan.
c)
(Note: Omit if Approved Motion #1) Condition 1 states that- A specific design
compatibility statement including specific architectural requirements shall be
submitted simultaneously with the first Development Plan/Site Plan for review
and approval by the Town Board at that time.
3)
The temporary
pump station needed for this project will be private and allowed for this
building only and at such time as the rest of the site is developed, gravity
sewer will need to be installed to serve the entire site and the pump station
removed.
4)
Prior to
issuance of Building Permit, the following must be completed:
a)
The covenants
creating a Property Owner’s Association for the
5)
Prior to 1st
construction drawing submittal the following items are to be addressed (later
in the approval process):
a)
Provide detailed
sealed report including all design calculations for the pump station.
b)
Show and label
backwater easements (to be recorded) at stream crossings and storm drainage
inlets; provide 100 year calculations accordingly.
c)
Provide a
drainage area map and supporting storm drainage calculations.
d)
Monument control
points identified – The Town of Holly Springs has installed a local geodetic
monumentation grid, tied to NAD83, within and surrounding the Town limits. All
surveyed information (when any portion of the project in design is within 2000
feet of the Town’s geodetic monument) shall reference the nearest monument and
shall be clearly noted on the first sheet of both construction plans and
As-builts submitted to the Town.
e)
Typical pavement
cross section (minimum 6” ABC and 2” 1-2), & identify travel lanes for
access by emergency vehicles (minimum pavement cross section 8” ABC and 2”
1-2). Note that this also refers to the parking lot and travel lanes within the
parking lot not just the public streets.
f)
Road improvements for
g)
Show the
existing waterline on Irving and
h)
Provide the
6)
Replace the Euonymus alatus plant material with
winterberry holly.
Motion By: Atwell
Second By: Dickson
Vote: Unanimous
8d. South Wake
Landfill Hosting Fees – Mr. Simmons
explained that with the eventuality of the South Wake Landfill, the Town is
attempting to do what it can to minimize or mitigate the potential negative
impacts. He said a resolution requesting
He
said the primary justifications for requesting and receiving some type of
ongoing remuneration are:
Mr.
Simmons said that staff had asked the partners to consider a similar request
for hosting fees in 2005, and many of the reasons cited above were given as
justification. Following the Town’s appeal,
the town managers voted against this measure, basically because they were
convinced the partnership is not legally obligated to pay
Mr. Simmons said it would be appropriate to forward a
resolution requesting host fees to the Wake County Board of Commissioners since
the Town’s request has been denied at the staff level.
Having researched what average host fees are set at
across the state, Mr. Simmons recommended that
In discussion, Mayor Sears recommended that the wording
of a paragraph reading “when the landfill becomes operational” be changed to
“if or when” because his position is that there is still hope that the project
will not go forward. Councilman
VanFossen suggested just changing the text to “if.”
Councilman Atwell said it was a matter of semantics
because “if” or “when” would both work.
The Council agreed that the resolution should be amended
to add a specific amount of compensation of $2.50 per ton for up to and
including 350,000 tons per year and $3 for annual amounts in excess of 350,000
tons.
Action: The
Council approved a motion to adopt Resolution 06-38 requesting hosting fees at
the South Wake Landfill with the addition of clarifying language changing
“when” to “if or when,” deleting the word “benefit” in the phrase “host
municipality benefit fees” and adding a specific amount to define the town’s
request as $2.50 per ton for up to and including 350,000 tons per year and $3
for annual amounts in excess of 350,000 tons.
Motion By: Atwell
Second By: DeBenedetto
Vote: Unanimous
A copy of Resolution 06-38, as amended,
is incorporated into these minutes as addendum pages.
8e.
Ms. Bobber said that along with creating the master land
use plan that specifies the specific land uses/districts for the various
parcels within the PUD, the owner had to develop the zoning regulations that
would accompany the proposed districts for the PUD. Through the Town’s assistance in marketing
this property, it has come to the town’s attention that the PUD’s building height
and building size regulations for the “Manufacturing” portions do not meet
industry standards and do not lend the property for manufacturing as specified
in the PUD and approved by the Town Council.
Therefore, the Town is proposing a change to the zoning
requirements of the PUD as follows:
Change: Maximum Building Height from 75 feet to 130 feet
Add:
Ms. Bobber said that a joint public hearing was held on
Action:
The
Motion By: Atwell
Second By: Dickson
Vote: Unanimous
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.
Tim
Sack,
10. Other
Business: Councilman VanFossen expressed concern about
Mr. Jones and his baby. The Council
members expressed their concern for the family and said parents and little Jake
would be in their thoughts and prayers.
11. Manager’s
Report: Mr. Dean reported on the Rockin’ at the
Crossings concert series; he commended Mr. Simmons and Mr. Weeks for their work
on researching landfill hosting fees; and he updated the Council on Novartis,
saying that the company already is hiring some positions. Mayor Sears reported on the town’s cooling
station, an idea he asked for staff’s assistance with so that the elderly in
12. Closed
Session: None.
13.
Adjournment: There being no further business for the evening, the
Respectfully Submitted on
_________________________________
Joni S. Powell, CMC, Town
Clerk
Addendum pages as referenced in these
minutes follow and are a part of the official record