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. Don Brown, pastor of
4.
Agenda Adjustment: The
Motion
By: Atwell
Second
By: DeBenedetto
Vote: Unanimous
Items
Added to the Agenda: None.
Items
Removed from the Agenda: Remove
agenda item 10e, a condemnation resolution to acquire an easement form Progress
Energy for a sanitary sewer line from New Business.
Consent
Agenda Items Moved to New Business:
None.
Other
Changes: None.
5.
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. The
following input was recorded:
Susan Britt,
Councilman Chet VanFossen arrived at the meeting at
6. Kids Appreciation Day,
Mayor
Pro Tempore read a mayoral proclamation pronouncing
Mr. Cobb explained that the “Terrific Kids” program
recognizes student’s who promotes good character, development, self-esteem and perseverance. Mr. Cobb recognized the students from Holly
Ridge Middle; Holly Ridge Elementary; Holly Grove and
Action: None.
7a. Public Hearing: Zoning Map Change 07-REZ-05 – Ms. Huffman said the Town is processing
its own petition for rezoning of the
Ms. Huffman said the property
currently is zoned R-15: Residential, and the Town is seeking to rezone the
property to TV:
Ms. Huffman said that staff and Planning Board recommend
approval.
With that explanation completed, Mayor Pro Tempore Dickson opened
the public hearing to accept input. The
following comments were recorded: None.
There being no input, the public hearing was closed.
Action
#1: The Council approved a motion to approve the following
statement: “The requested zone map change from R-15: Residential to TV: Town
Village is consistent with the
Second By:
Womble
Vote:
Unanimous.
Action
#2: The Council approved a motion to
approve Zone Map Change Petition #07-REZ-05 to change the zoning of Wake County
Motion By: Atwell
Second By:
Womble
Vote:
Unanimous.
7b. Public
Hearing: Zoning Map Change 07-REZ-06 – Ms. Huffman said the town has
received an application requesting a zoning map change for the parcel located
at
She said with the zoning map change, the parcel would be in
compliance with the Village District Area plan, which designates the parcel as
mixed residential.
Councilman DeBenedetto and Ms. Goodson discussed the egress
and access into the development.
Ms. Huffman and Councilman DeBenedetto discussed the
definition and uses of mixed residential.
Ms. Huffman said that staff and Planning Board recommend
approval.
With that explanation completed, Mayor Pro Tempore Dickson
opened the public hearing to accept input.
The following comments were recorded:
None.
There being no input, the public hearing was closed.
Action
#1: The Council approved a motion to approve the following
statement: The requested zone map change
from R-15 to R-MF-8 is consistent with the
Second By:
Atwell
Vote:
Unanimous.
Action
#2: The Council approved a motion to
approve Zone Map Change Petition 07-REZ-06 to change the zoning of 2.15 acres
of Wake County
Motion By: VanFossen
Second By:
Atwell
Vote:
Unanimous.
7c. Public Hearing: Special Exception Use Petition 07-SEU-02 – Ms. Huffman said the Town has
received an application requesting a Special Exception Use approval for a
modular classroom in a residential district.
The request is for
Ms. Huffman said that are
outstanding questions of the relocation of playground area and when the modular
unit will be removed.
Councilman DeBenedetto and Mr. Bradley discussed that each
modular classrooms has their individual restroom.
Mayor Pro-Tempore Dickson asked staff the possibility of
adding a condition to require canopy’s or covered walkways that would lead from
the modular classrooms to the main building for protection from the weather.
Mr. Schifano
suggested amending the ordinance to make covered walkways or canopy’s a
requirement.
Jerry Bradley said the topic of cover walkways would be open
for discussion.
There were questions from Councilmen
DeBenedetto and Womble if this modular unit where any different from the other
schools and how many modular units were located on this site.
Mr. Bradley said that this site is the same as the other
schools in the areas and there are six modular units located on this site and each
unit has their own restrooms.
Ms. Huffman said that staff and Planning Board recommend
approval.
With that explanation completed, Mayor Pro Tempore Dickson
opened the public hearing to accept sworn testimony and qualified
evidence. Under oath administered by the
Town Clerk, the following provided testimony to be recorded:
Jerry Bradley,
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: DeBenedetto
Second By:
Womble
Vote:
The vote carried with a 3 to 1 vote.
Councilmen Womble, DeBenedetto and Atwell in favor and Councilman
VanFossen against.
Action #2: Having made findings of fact that the project
meets the requirements to granted a Special Exception Use, motion to approve
Special Exception Use Petition #07-SEU-02 for 401
Motion By: DeBenedetto
Second
By: Womble
Vote: The vote carried with a 3 to 1 vote. Councilmen Womble, DeBenedetto and Atwell in
favor and Councilman VanFossen against.
A copy of Special
Exception Use application 07-SEU-02 entered into the record by the applicant
and addressing the findings of facts is incorporated into these minutes as
addendum pages.
7d. Public Hearing: Shoppes at
She said it was determined after
recordation of the development agreement that specific information regarding
signage was omitted.
Ms. Clapp said WRS has worked with
staff in preparing a detailed master sign plan. The determination of the
details of the signage for the main tenant, the “Shoppes” building, and out-lots
has initiated a request for additional minor amendments to the sign regulations
in conjunction with the master sign pan.
She said staff feels that since
additional requests for modifications to the Town’s sign regulations are being
requested, a new public hearing should be held in order for the Town to enter
into an amendment to the current development agreement.
She said the previous development
agreement authorized a main shopping center sign and individual ground signs
for each out-lot. The developer has agreed to modify the monument signs
to use consistent font and color for the out-lots and to ensure that each panel
on the main center sign will utilize a common font and color. The
proposed amendments to the development agreement are to allow for:
§
an
increase in the percentage of the front façade signs from 5% to 7% for the
“Shoppes” (to allow for this, the developer has committed to no signage’s being
allowed on the rear of the building and the overall height and length of each
“Shoppes” sign is still required to meet Town of
§
one
(1) flag pole for each out-lot (flag poles, even for American flags, must be
specified within a master sign plan in order to be installed. This plan is not
limiting the flags to American flags, but can be any flag that the specific
site developer chooses.)
§
an
increase in the height of the major tenant’s main front facade sign from
forty-eight (48) inches to sixty (60) inches (to allow for this, the developer
has agreed to remove two logos from the façade).
With that explanation completed, Mayor Pro Tempore Dickson
opened the public hearing to accept input.
The following comments were recorded:
Jim Price the developer of Shoppes at
There being no further input, the public hearing was closed.
There was much discussion among staff and Council Members
regarding the number of flag poles for each out parcel.
Action: The Council approved a motion to approve amendments to the Shoppes at
Motion By:
Womble
Second By:
DeBenedetto
Vote:
Unanimous.
A
copy of amended Shoppes at
7e. Public Hearing:
Councilman VanFossen asked what does the side and rear
elevations look like.
Marty Bizzell, Bass, Nixon & Kennedy, Inc., - Mr. Bizzell said that the side and rear
building elevations looks similar to the front elevations, the only difference is
there will be garages located in the rear of the buildings.
Councilman Atwell said that he had some concerns with the
appearance of smoke stacks on the roofs.
He requested the developer to enclose the smoke stacks or vents on the
roofs.
Mr. Bizzell said that he would pass that comment to the
developer. He said that the developer has constructed this particular unit many
times.
Councilman DeBenedetto asked if condition
6 was addressed. Mr. Bizzell said that condition was addressed in the latest
plan submittal.
Ms. Huffman said that staff and Planning Board recommend
approval.
With that explanation completed, Mayor Pro Tempore Dickson
opened the public hearing to accept input.
The following comments were recorded:
Pete Kenney of
Van Crandall of
Ms. Huffman responded by saying the town has received a full
set of building elevations for this site and after reviewing the elevations
feels this is a good product.
There being no further input, the public hearing was closed.
Action: The Council approved a motion to approve Development Plan
#07-DP-07 for Main Street Square Element G as submitted by Bass, Nixon and
Kennedy, project number 05904010, dated revised
1.
All
previous conditions of approval for the Main Street Square PUD will apply to
this development plan as well. (Note that
item 6a is an update to the PUD conditions previously approved)
2.
Fee-in-lieu
of pump station upgrade will be required.
3.
As
approved in the PUD plan there will be a combination of greenway easement,
greenway construction and a fee in lieu of land dedication applied to this
project. Both the Parks and Recreation and Engineering Depts. have worked
on the final location of the greenway corridor and have reached an
understanding with the developer of the PUD. Section G is not involved in
the greenway plan and a fee in lieu will be assessed at the time of lot
recording or building permit depending on the structure of the town home
plat. The amount of fee in lieu was approved at $846 per unit.
4.
A
draft copy of the Home Owner’s association covenants must be submitted for
review with the 1st plat review submittal, including language
covering maintenance of private streets, alleys, private drainage easements,
etc. The covenants will need to be
recorded with the 1st plat for Main Street Square PUD.
5.
The
following items are to be included with 1st construction drawing
submittal (later in the approval process):
a.
A comprehensive drainage area map with
calculations.
6.
The
following items are to be addressed prior to construction drawing approval
(later in the approval process):
a.
The
NCDOT right-of-way for the old
7.
The
following items will need to be addressed with revised plans within 10 days of
Town Council approval:
a.
The
alley easement width will need to be corrected to 20’ as approved on the Main
Street Square PUD.
Motion
By: Womble
Second By:
DeBenedetto
Councilman Atwell
suggested adding a condition to address his concerns about minimizing the
appearance of smoke stacks on the roofs.
Councilman Womble
amended his motion to add the following condition: at staff’s discretion for the developer to
work with staff on the aesthetics of smoke stacks on the roofs.
Councilman DeBenedetto
amended his second.
Vote:
Unanimous.
8.
Consent Agenda: The Council approved a motion to
approve all items on the Consent Agenda.
The motion carried following a motion by
7a. Minutes - The Council approved minutes of the Council’s regular meeting held on
7b. Budget Report – The Council received a report
of FY 2006-07 budget amendments #98 through #117 approved by the town manager. A copy
of budget report is incorporated into these minutes as addendum pages.
7c. Resolution 07-17 – The Council adopted Resolution 07-17 directing the town clerk
to investigate the sufficiency of annexation petition A07-04 and setting a
public hearing on the question of annexation for
7d. Proposed FY
2007-08 Budget Public Hearing –
The Council set
a public hearing to be held on Tuesday,
7e.
Budget Amendment, $150,000 – The Council adopted an amendment to the FY
2006-07 budget in the amount of $150,000 to cover the costs of additional water
purchases. A copy of the budget amendment is incorporated into these minutes as an
addendum page.
7f. Budget Amendment $108,170
- The Council adopted an amendment to
the FY 2006-07 Avent Ferry Road Fire Station Project Fund in the amount of
$108,170 to allocate contingency funds and align funds in preparation for the
project’s closing. A copy of budget amendment is incorporated into
these minutes as an addendum page.
7g.
Budget Amendment, $2,350 – The Council adopted an amendment to the
FY 2006-07 budget in the amount of $2,350 to receive insurance proceeds for
damaged public works vehicle. A copy of budget amendments is incorporated
into these minutes as an addendum page.
7h.
Bass
7i.
7j.
Resolution 07-18 – The Council adopted Resolution 07-18 to approve
modifications to Section 4 of the Town of
7k.
Intersection Sight Distance Policy Statement P-30 – The Council adopted
Policy Statement P-030 addressing intersection sight distances. A copy
of Policy Statement P-030 is incorporated into these minutes as addendum pages.
7l.
Resolution 07-19 Surplus Property – The Council adopted Resolution
07-19 declaring certain vehicles to be surplus to the needs of the Town. A copy
of Resolution 07-19 is incorporated into these minutes as an addendum page.
7m. Sewer use Ordinance 07-07
– The Council adopted Ordinance 07-07 amending the Town’s sewer use ordinance
to be compliant with State regulations.
A copy of Ordinance 07-07 is
incorporated into these minutes as addendum pages.
7n.
7o.
Audit Contract – The Council approved to enter into a contract with
She said the Council agreed that
Ms. Clapp explained after the names
were submitted, additional information was found that indicates that Mr. Alford
obtained the “Colonel” title only as an honorary one, bestowed by the Sons of
the Confederacy. It was not reflective
of a military career as originally assumed.
Ms.
Clapp said “by virtue of his service in the Confederate army, George B. Alford
has been honored by his comrades by election to the position of Commander of
the Camp of United Confederate Veterans, No. 1278 at
She said staff feels that the Town
should not include “Colonel” in the street name.
She
said in response to the Town’s submissions,
Ms. Clapp said that unless
Action: The
Council approved a motion to name NC Hwy. 55 Bypass from
Motion
By: Atwell
Second
By: DeBenedetto
Vote: Unanimous.
10a. 2007 Parks and Recreation Master Plan – Mr. Bradley
introduced Design-Based
Planning, Inc. who presented the proposed 2007 Parks and Recreation Master Plan
for the Town of
Andrew Schrauth of Design Based Planning gave a presentation
of the project mandate and overview and recommendation to the Town
Council.
Jocelyn Gordon of Design Based Planning spoke on the trends
and needs analysis of the Town’s parks and recreation areas.
Action: None.
10b.
·
the developer’s
obligation to construct a downstream gravity sewer line that is necessary to
serve both Main Street Square development plus other major developments in this
southern area of Town, and
·
the developer’s
obligation to prepay (much earlier than would normally be paid in the
development process) water and sewer capacity replacement fees in the total
amount of $250,500 for 104 apartment units.
The money would be used by the Town to partially fund a gravity sewer
line to take the
Ms. Sudano said that in exchange,
the developer would receive a reduction in the amount of capacity replacement
fees related proportionately to the number of bedrooms per apartment unit.
She said this would be the first of
two projects for which the
Action: The
Motion By:
Atwell
Second
By: Womble
Vote: Unanimous
A
copy of infrastructure reimbursement
agreement is incorporated into these minutes as addendum pages.
10c.
Ms. Sudano said the project consists of furnishing and
installing (including labor, equipment, parts, materials, and other incidental
work) 840 linear feet of 8-inch PVC gravity sewer; 330 linear feet of 8-inch
ductile iron pipe; associated manholes; connection to existing gravity sewer
lines; 170 lf of 18-inch steel casing; 8-inch ductile iron pipe carrier pipe;
and jack and bore under NC55. In
addition to the line work, a spare pumping unit for the existing Somerset Farms
pump station will be provided along with a second counter rotating impeller and
a new pump alternating relay.
Action:
The
Motion By: VanFossen
Second
By: Womble
Vote: Unanimous
A
copy of the bid tabulation sheet is
incorporated into these minutes as addendum pages.
10d.
Pre-treatment Program Fee Schedule – Ms. Moore explained that in September 2006 the Town
received final approval of a pretreatment program from the NC Division of Water
Quality. In development of the program it was estimated that it would cost the
town approximately $15,000 annually to administer the program. The Town’s
Department of Water Quality staff would like the Council to consider approval
of a fee and surcharge plan to help recover some of the costs associated with
this program.
Action: The Council approved a motion to adopt a schedule of fees
and surcharges for the Town’s pretreatment program.
Motion By: Atwell
Second By: VanFossen
Vote:
Unanimous
A copy
of the fee schedule is incorporated into these minutes as addendum pages.
10e.
Progress Energy Condemnation Resolution 07-20, – This agenda item was removed from the agenda during agenda
adjustment.
10f.
He said the construction of a new building to serve the same
purpose as the planned renovation of the structure would be costly, probably in
the neighborhood of $120,000 - $150,000. Should this take place there
would be little funds remaining for the construction of the amenities for this
project.
He said taking a differing look at
the scope of the site; it may be more worthy to consider the building of an
average size picnic shelter with restrooms. It is anticipated that this
could be completed for about $75,000.
He said the planned parking would be
sufficient for either concept.
Mr. Bradley said had there been not a
building on site, the plans would not reflect one like that shown in the Town’s
plans. This park is marginally small for this type of facility with
possible parking problems during high use times, in addition to staffing,
programming, and maintenance considerations.
A modestly sized picnic shelter is more appropriate for the park,
as it would get used frequently by the neighborhoods, and would not require
staffing for its use, and would have less maintenance needs.
He said although a larger shelter is
planned nearby at
There was much discussion among
staff and Councilmen DeBenedetto and Womble about the vision for
Action:
The
Motion By: Womble
Second
By: DeBenedetto
Councilman Atwell discussed the possibility of removing the old
police station building to Veteran’s Park.
Mr. Dean said that it would cost
about $50,000 to remove the old police station building and staff had the idea
of locating a small playground on
Councilman VanFossen wanted to clarify that the picnic
shelter will have restrooms. Mr. Dean confirmed
that there would be restrooms and the parking will be the same, the sidewalk will
be similar to the one located at Eckerd’s Drugs.
Vote: Unanimous
11. Other Business: Councilman VanFossen addressed his concerns
about the article in the News and Observes regarding the conflicts of interest and
the method of recusing Council Members from the meeting.
Councilman DeBenedetto suggested the staff to look at the
Town’s and other municipalities Conflict of Interest policy and put the policy
of the website.
Councilman Atwell also had concerns
regarding the article and suggested that if the Council Members have questions
to ask or discuss them in open session, rather than reading about it in the
paper. He commented that it amplifies the
negative.
Councilman DeBenedetto suggested
reviewing the Town’s Conflict of Interest policy and mirroring the policy to
the legislative stature and come back to Council at a later date.
12.
Manager’s Report: Mr. Dean reported that Saturday,
May 19 is Kid’s Appreciation Day at
Mr. Simmons reported that Friday, May 18th will
be a town wide clean up day; approximately 40 town employees will be completing
a sweep through town picking up road side litter.
13.
Closed Session: None.
14.
Adjournment: There being no further business for
the evening, the
Respectfully
Submitted on
_________________________________
Linda R.
Harper,
Addendum pages as referenced in these
minutes follow and are a part of the official record.