Regular Meeting
June 5, 2007
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. Horace Ferguson, pastor of
4.
Agenda Adjustment: The
Items
Added to the Agenda: Resolution
07-24 opposing HB 1587, pending legislation that would restrict a town’s
ability to provide communications services.
Items
Removed from the Agenda: None.
Consent
Agenda Items Moved to New Business:
None.
Other
Changes: Item 6b, a public hearing
on the FY 2007-08 budget was moved on the agenda to follow New Business so that
Councilman Atwell would have time to make it to the meeting from a business
trip in Charlotte.
Councilman Dickson explained that he had heard that
afternoon from Councilman Atwell who said he would, because of the importance
of the budget, drive in from
Councilman Womble expressed reluctance at making audience
members wait until so late in the meeting.
Councilman Dickson pointed out that Councilman Atwell was
going to the trouble of driving in from his business trip expressly for the
budget and then he would have to drive all the way back to Charlotte. He said he felt the Council should grant
Councilman Atwell the favor of waiting for him to arrive.
Councilman Womble relented and said he would hope the
Council would do likewise for him if he ever requested it. Council members agreed that it would grant
all members the same consideration.
Motion By:
Dickson
Second
By: VanFossen
Vote: Unanimous
At this time, Mayor Sears introduced Public Works Director
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:
Gerald Holleman,
6a.
Public Hearing: Annexation Ordinance A07-04 - Mr. Zawadski said the Town has received a petition for voluntary annexation
of approximately 65.14 acres located at the intersections of NC Hwy. 55 Bypass,
Avent Ferry Road, Ralph Stephens Loop Road and South Main Street. 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 input, the public hearing was closed.
Action: The Council approved a motion to adopt Annexation Ordinance
A07-04 annexing approximately 65.14 acres owned by Stephens Properties Limited
Partnership, and more particularly described as Wake County PINs:
0648.08-88-9184; 0648.08-88-0524; 0648.08-78-6081; 0648.12-97-5411; and
0648.08-78-9458, into the corporate limits of the Town of
Motion By:
VanFossen
Second By:
Dickson
Vote:
Unanimous.
A copy of Ordinance A07-04 is
incorporated into these minutes as addendum pages.
6b. Public Hearing: Proposed FY 2007-08
Budget – This item
was moved on the agenda to follow Item 8e.
6c.
Public Hearing: Closing a Portion
of Main Street – Mr.
Schifano said the Town has received a request to abandon unused road
right-of-way located between NC Hwy. 55 Bypass and property owned by
Mr. Schifano said staff recommends closure/abandonment of
the described length of right-of-way with property transfers to adjacent
property owners as prescribed by law.
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 adopt Resolution 07-20, a
street closing order for a portion of former
Motion By:
Womble
Second By:
VanFossen
Vote:
Unanimous.
A
copy of Resolution 07-20 is incorporated
into these minutes as addendum pages.
6d. Public Hearing: Reclaimed Water Project – Ms. Stephenson said that a public
hearing is required by the funding agency for the Town’s planned reclaimed
water project. The Town received a
$750,000 State and Tribal Assistant Grant (STAG) for this project several years
ago and completed an engineering report and environmental assessment. The North Carolina Division of Water Quality
Construction Grants and Loan Division has completed
its review of the Town’s proposal.
Ms. Stephenson said the Town
Council’s approval of the project and authorization to proceed with the grant
application is the final step before the Environmental Protection Agency
reviews the project and issues an environmental permit – Finding of No
Significant Impact (FONSI) -- for the project.
Ms. Stephenson introduced Mike Schlesher of Davis-Martin-Powell, the town’s consultant on
the project, who addressed the Council, giving an overview of the project.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded:
Van Crandall,
He said he wonders why the main users of the reclaimed water
would not also pay for the off-site infrastructure of the system.
There being no further input, the public hearing was closed.
Action: The Council approved a motion to adopt Resolution 07-21
supporting the reclaimed water project and authorizing the Town to proceed with
grant application processes.
Motion By:
VanFossen
Second By:
Womble
Vote:
Unanimous.
A
copy of Resolution 07-21 is incorporated
into these minutes as an addendum page.
7.
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 meetings held on May 1 and 15, 2007.
7c. Resolution 07-22 – The Council adopted Resolution 07-22
reinstating mandatory observance of the Town’s annual water conservation
season. A copy of Resolution 07-22 is incorporated into these minutes as addendum
pages.
7d.
Budget Amendment, $12,500 –
The Council adopted
an amendment to the FY 2006-07 budget in the amount of $12,500 to allocate
funds from ticket sales to cover contract services at
7e. Budget Amendment, $125 – The
Council adopted an amendment to the FY 2006-07 budget in the amount of $125 to
accept a
7f. Budget Amendment $6,800
- The Council adopted an amendment to
the FY 2006-07 budget in the amount of $6,800 to allocate insurance proceeds
for the police and fire departments. A copy of budget amendment is incorporated into
these minutes as an addendum page.
7g. Budget Amendment, $7,325 – The
Council adopted an amendment to the FY 2006-07 budget in the amount of $7,325
to allocate funds from the N.C. Governor’s Highway Safety and the Wake County
School Resource Officer programs. A copy of budget amendments is incorporated
into these minutes as an addendum page.
7h. Budget Amendments, $18,700 – The
Council adopted amendments to the FY 2006-07 budget in the amount of $18,700
and awarded the contract to Kimley-Horn for the
design and other services for a traffic light at the intersection of
7i. Budget Amendments, $21,450 – The
Council adopted amendments to the FY 2006-07 budget in the amount of $21,450
and award contract to Kimley-Horn for the design and
other services for a traffic light at the intersection of
7j. Transportation Priorities to CAMPO
– The Council endorsed a list of transportation needs for submittal to the
Capital Area Metropolitan Planning Organization.
7k. Resolution 07-23 – The Council
adopted Resolution 07-23 declaring certain real property to be surplus to the
needs of the Town. A copy of Resolution 07-23 is incorporated into
these minutes as an addendum page.
7l. Resolution 07-24
– The Council adopted Resolution 07-24 opposing HB 1587, pending legislation
that would restrict a town’s ability to provide communications services.
8a.
He said the proposed subdivision
contains 11 single-family lots located on 2.6 acres at a density of 4.21 units
per acre. The subdivision would be
accessed from the existing
Mr. Zawadski said the applicants are
asking for two engineering exceptions.
Staff has had several discussions and has received additional
information from the developer and engineer in considering their requests that
requirements for road improvements for
Mr.
Zawadski said that staff and the Planning Board recommend approval of the site
plan.
Don
Mizelle, Stafford Land Company – Mr. Mizelle addressed the Council to
clarify the developer’s request. He said
the developer had widened
At
this time,
Mr. Mizelle went on to say that the
developer is asking that the scope of the improvements be more commiserate with
the project. The developer is proposing
an alternative, and that the developer not be required to realign
Councilman VanFossen suggested that
the developer meet with the engineering department to work out a compromise.
Councilman DeBenedetto said he was
not opposed to alternatives, but his preference would be that the Town’s
Thoroughfare Plan be followed.
Action:
The Council approved a motion to defer action on 07-MAS-01 and related
engineering design standard waivers until the developer meets with the Town’s
engineering department to hash out any potential mutually agreeable options.
Motion By:
VanFossen
Second By:
Womble
Vote:
The motion carried following a 4-1 vote.
Councilmen DeBenedetto, Womble, VanFossen and
Atwell voted for the motion. Councilman
Dickson voted against.
6b. Public
Hearing: Proposed FY 2007-08 Budget – Mr. Dean reviewed
the proposed budget ordinance and a proposed ordinance setting the water and
sewer rates for FY 2007-08. He said the
revised budget document takes into account comments received at the Council’s
budget work session.
Mr.
Dean then shared detailed information with the Council on the Town’s level of
services.
With that explanation completed,
Mayor Sears opened the public hearing to accept input. The following comments were recorded:
The Town Clerk reported to the
Council that her office, in response to a notice of the public hearing on the
budget, had received one set of written comments from a citizen. Copies of the comments were provided to
Council members and are entered into the record, she added.
Rick Jones,
Smedes York -- Mr. York addressed the Council,
asking that the Town consider a financial grant to Hospice of Wake County for
the construction of a 20-bed facility in
He said he believes all 12
municipalities in
Mayor Sears asked what the procedure
would be to take into account additional budget considerations.
Mr. Dean said the Council could wait
to adopt the budget ordinance, or the Council could adopt the ordinance and
then amend the budget after July 1.
Councilman VanFossen suggested the
Council also could take the request to the FY 2008-09 budget since $10,000 could
be made available
The Council directed that the item
be added for individual consideration at one of the meetings to be held in
July. Council asked that more
information about the project also be provided.
Gerald Holleman,
There being no further input, the
public hearing was closed.
Council members expressed thoughts
on Mr. Dean’s presentation, particularly in the areas of the town’s healthy
debt service, foresight of town leaders in the late 1990s and commendable
police statistics.
Councilman DeBendetto
suggested that the Council schedule a work session in the near future to
discuss upcoming projects and associated debt.
Action
#1: The Council approved a motion
to adopt Ordinance 07-08 enacting the FY 2007-08 operating budget, effective
Motion
By: VanFossen
Second
By: Atwell
Vote: Unanimous.
A copy
of Ordinance 07-08 is incorporated into these minutes as addendum pages.
Action
#2: The Council approved a motion
to adopt Ordinance 07-09 setting the water and sewer rates for the fiscal year
beginning
Motion
By: Womble
Second
By: VanFossen
Vote:
Unanimous
A copy
of Ordinance 07-09 is incorporated into these minutes as an addendum page.
8b. Walgreens and Bank Site, 07-DP-04 – Mr. Zawadski
said the Town has
received a request for a development plan for 2.85 acres located on the
southern corner of the intersection of
He said the proposed development plan is for the
construction of an integrated center that would include a 14,600-square-foot
Walgreens pharmacy and a 4,180-square-foot RBC bank.
He said the site would include one right-in and right-out
access drive located off of
Mr. Zawadski said the pharmacy site includes one
drive-through lane located on the southwest façade of the building while the
bank site includes a total of four drive-through lanes located on the southeast
side of the building. Three pedestrian
connections are proposed to connect the site to the adjacent public sidewalks along
This project would be located within a Gateway Corridor and
is therefore subject to a higher degree of architectural requirements. Since this project would be an integrated
center, both of the buildings are required to use similar building colors and
materials. The two buildings are proposed
to be constructed primarily of a red colored brick along with secondary
building materials that include a light brown stone and EIFS colored to match
the stone. The pharmacy plan includes a
dark green metal roof while the bank includes a charcoal colored shingle roof.
He said various architectural elements such as façade and
roofline modulation, stone columns and foundation, metal canopies, multiple
brick patterns, and multiple cornices are proposed for the pharmacy.
The bank plans includes architectural elements such as
façade and roofline modulation, stone foundation, hipped roof with eave
details, multiple brick patterns, and a covered entryway. Both building plans include matching
gooseneck lights along the street-facing facades.
Mr. Zawadski said that staff and the Planning Board
recommend approval with conditions.
Councilman VanFossen asked if the
developer of Walgreens would consider incorporating some of the design elements
of the bank into the Walgreens design.
A spokesman for the developer said
the developer would be receptive to making changes as feasible to the Walgreens
design to make it more complimentary to the bank building.
Councilman DeBenedetto asked if the
parking featured on the plan was adequate.
Mr. Zawadski responded that the
number of parking spaces was within the town’s ordinances and policy that
encourage as few parking spaces as possible in order to minimize the visual
impact of large parking areas.
Loftee
Smith of Withers and Ravenel – Mr. Smith
addressed the Council saying that the developers had reduced the number of
parking spaces, which also resulted in better internal circulation on the site.
Action: The
1. Within 10 days of Town Council approval, a
revised set of plans that includes the following shall be submitted:
i.
Cornice
shall be added to the columns on the side and rear of the pharmacy.
ii.
Correct
building materials and colors indicated for the bank to match the pharmacy.
b.
Reduce
parking lot screening along
e.
Revise
lighting plan to match the number of gooseneck lights shown on the building
elevations and verify building lights will be a full-cutoff design.
f.
Extend
the cross-access easement on the southwest side of the property to the property
line for the full length of that property line.
g.
Clarify
cross-section for
Motion By: Atwell
Second
By: Dickson
Vote: Unanimous.
8c.
Jim Wright House Conversion, 07-DP-08 – Mr. Zawadski said the Town has received a request
for a development plan to convert the existing Jim Wright house located on Avent Ferry Road from a residential to a commercial use.
Mr. Zawadski said that currently, the
property is being used as a commercial use and is in violation of the Unified
Development Ordinance and State Building Code.
He said in order for the house to be
properly converted to a commercial use, parking, landscaping and interior
building modifications must be provided in accordance with the UDO and State
Building Code. The plan proposes to use
the existing house as an office space with no exterior building modifications
at this time. A total of 10 parking spaces along with foundation, parking lot,
and perimeter landscaping are provided in accordance with the UDO.
He said the applicant is requesting
two engineering exceptions: waivers of
road widening improvements to
Mr. Zawadski said that staff and the Planning Board
recommend approval of the development plan with conditions.
Don Mizelle, Stafford Land Company – Mr. Mizelle addressed the Council
to state the developer’s case for requesting waivers. He explained that his company, although it
has sold the property to new owners, is responsible for providing the
improvements. He said the town’s 2001
Thoroughfare Plan does not show Avent Ferry Road
Extended.
Ms. Goodson responded that this portion of roadway is not on
the 2001 Thoroughfare Plan but is approved on the Village District Area
Plan. Mrs. Sudano also noted that the
Town requires that all streets be brought up to town standards with
development.
Tom Spaulding,
Mr. Mizelle also asked the Council to treat this site in the
same way it has treated property conversions in the past. Generally, he said, simple conversions of
residential properties to commercial use have been excepted
from road widening requirements.
Action #1: The
Motion By:
Atwell
Second
By: Dickson
Vote: The motion carried following a 4-1 vote. Councilmen DeBenedetto, Womble, Atwell and Dickson
voted for the motion. Councilman
VanFossen voted against.
Action #2: The
Motion By:
Atwell
Second
By: Dickson
Vote: The motion carried following a 4-1 vote. Councilmen DeBenedetto, Womble, Atwell and
Dickson voted for the motion. Councilman
VanFossen voted against.
Action #3: The
1.
A
building permit, fire inspection, sign permit, and privilege license for the
current location must all be obtained within 90 days of Town Council approval
in order to legally convert the property from a residential to a commercial
use.
2.
Within
10 business days of Town Council approval, revised plans will need to be
submitted addressing the following items (unless otherwise approved with an
exception by Town Council):
a.
Road improvements (including sidewalk) in
accordance with the Town standards shall be shown on the plan and completed
with this project for
b.
Waterline
shall be extended to and along the entire roadway frontage of this project.
Motion By:
Atwell
Second
By: DeBenedetto
Vote: Unanimous
8d.
The 30x44 shelter is of modest size
to serve family events and would have restrooms.
Action: The
8e. Downtown Parking Options – Mrs. Stephenson said the
She said it has been proposed that
this parking lot be a joint venture between the Town and the
Mrs. Stephenson explained that due
to future building locations, a +/- 76 space parking
lot could be constructed at this time.
The lot would serve the Village District and the
She said at a previous meeting, the
idea of a parking deck was discussed and staff was instructed to investigate the
option further. The Town of
Mrs. Stephenson said, using this
estimate as a basis and assuming there would be +/- 150 spaces,
the parking deck parking lot would cost the Town $2,250,000. If the Council decides to pursue the parking
deck option, an architectural firm would need to be hired to design the
deck. Design costs are usually 15% to
20% of construction cost; therefore, this design would cost approximately
$450,000, she estimated. She added that
this would bring the total cost of the parking deck to $2,700,000.
Mrs. Stephenson explained to the
Council that staff is seeking direction from the Council as to whether to
pursue design of a parking deck as opposed to a single-level parking lot.
Councilman Atwell urged the Council to provide for as much
parking as possible for the future. At the same time, he said it would be nice
if increased parking also could be designed in a multi-level fashion so that it
could be disguised as buildings to avoid the visual impact of too many parking
lots.
Both Councilman VanFossen and Atwell touched on the
importance of the town’s providing adequate parking downtown not only for
serving existing businesses and the
Councilman Atwell said, as a sidebar, that he is having
second thoughts about the Town’s plans to provide reverse-angle parking on
Councilman VanFossen said he feels reverse angle parking
will be safer because motorists can see oncoming traffic better before pulling
out.
Councilman Atwell said he realizes the town’s objective is
to provide as much parking as possible; however, he asked if parallel might be
better or no parking at all on
Mayor Sears asked if adjustments could be made to the plan
so that if the reverse angle parking does not work, the striping could be
covered and redrawn.
Mrs. Stephenson said that was a possibility, but the town’s
grant for the project may expire if construction of landscaped islands and
other features is not commenced.
Councilman VanFossen said he feels strongly that parking on
Councilman Atwell said he admires innovative ideas, but he
feels this type of parking would be best and safest in a less intense traffic environment.
Council Direction: Mrs. Stephenson clarified what Council is seeking from
staff: to investigate and report back in
July on whether the town can simply provide reverse angle striping for a
six-month trial period without construction of other features without losing NCDOT
grant funds for the project; to amend the current design to provide parking in
front of the Village Office Condos; and to keep pursuing the deck parking
option for the Methodist Church property and determine if more firm cost
estimates can be figured after a survey is done to provide information on
wetlands and topography in order to determine the actual feasibility of such a
project.
9.
Other Business: Councilman DeBenedetto asked
about the interim code of ethics that he had proposed for the night’s agenda. He said his interest is to put forth a replacement
code of ethics that would ensure full and timely disclosure by elected
officials. He read a lengthy prepared
statement outlining his reasons for submitting for consideration his version of
a new interim code of ethics that he would hope would provide more disclosure
of information of private business practices of elected officials than is
currently called for in the Council’s current Code of Ethics.
Councilman DeBenedetto’s
request was scheduled for the June 19 agenda when it was communicated to the
Town Clerk that Councilman Atwell would not be present at the June 5 meeting.
Councilman Atwell, said, from his
perspective, he feels that the current policy is adequate and that all council
members have exhibited strong ethical behaviors. He said he would support any efforts to
improve any policies or practices of the Town, but he feels Councilman DeBenedetto’s methods and intentions are suspect.
Councilman Dickson said he would
prefer, rather than replacing the current code with Councilman DeBenedetto’s version, to take the current code and go
through it paragraph by paragraph and making amendments throughout it. He pointed out that any time the Council
amends an existing policy, it does so in this fashion.
The request is schedule for June 19
discussions.
Councilman Womble addressed the
Council, reading a prepared letter requesting specific disclosure.
Councilman VanFossen addressed the
Council regarding specialty street name signs and whether the Council should
revisit its policy prohibiting them.
Councilman Atwell complimented staff
for the successful Farmers Market.
10.
Manager’s Report: Mr. Dean also commended staff
for the Farmers Market and staff’s handling of the trench accident; he reported
that the Chamber of Commerce’s State of the Town address was Thursday; he
reported that the town had been awarded a $1 million EDA grant for
infrastructure in relation to the Novartis development; and he reminded the
Council of the June 28 Avent Ferry Road fire station
dedication.
He then provided an overview of the
entire landfill process in timeline fashion.
The presentation takes the complex issue of the landfill and condenses
it into an easy to follow and understandable way.
11.
Closed Session: None.
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.