Regular Meeting
Aug. 21, 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. Billy Dennis, pastor of
Mr. Dennis
invited the Council members to attend the Holly Springs Concert Band Annual
Fall Concert “That Song Takes Me Back” at
4.
Agenda Adjustment: The
Items
Added to the Agenda: None.
Items
Removed from the Agenda: Item 9f.
Consent
Agenda Items Moved to New Business:
None.
Other
Changes: None.
Motion By:
Dickson
Second
By: Atwell
Vote: Unanimous
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: None.
6a.
Youth Summer Work Crew - Mr. Barnard introduced summer work crew
leaders Amanda Williamson and Gabe Wilson who presented a brief Power Point
presentation of the first-time successful program.
Mayor Sears at this time recognized the program’s
participants for their hard work and contribution to the town.
Action: None.
7a. Public Hearing: Ordinance 07-14, UDO Amendment Section 7.01
Landscaping Regulations –
Ms. Huffman said this request is to revise the Unified Development
Ordinance (UDO) Section 7.01, Landscaping regulations to clarify and improve
the applicability with the addition of diagrams. She said the following list of amendments
have been reviewed by the Technical Review Committee, which has recommended
that they be forwarded to the Planning Board and then to Town Council for
consideration and adoption.
Ms. Huffman said the proposed changes
to UDO Section 7.01, Landscaping will affect the following:
•
Location
of landscaping in subdivision, single use sites and integrated centers.
•
Not
allow evergreen trees that lose their lower branches.
•
Clarification
of language and addition of the Tree inventory diagram.
•
Correction
of height for a large evergreen from 12” to 12’
•
The
PUV of a Fence or a wall will not count if under 35% PUV.
•
50%
of plant material has to be on the exterior of a fence or wall when the PUV is
being counted toward the buffer.
•
Graphic
to show overlapping corners for landscape plans are not permitted. The perimeter landscape with the greater PUV
will be count in the corners.
Ms. Huffman reviewed in further
detail Part 1 through Part 10 of the UDO amendments as follows:
Part 1: Remove existing diagram and add the three new diagrams to Section 7.01
A.
Part 2: Add text in bold to Section 7.01 B.
Types of Landscape Screening as written below:
“Any
evergreen species that drops its lower branches shall not be permitted as
“evergreen” trees in a Type B: Semi-opaque landscape area.
Part 3: Remove text in strikeout and add
text in bold to section 7.01 C. 3.
3.
Location of Perimeter Landscape Yard Landscape Materials.
In order to qualify against
toward a required plant unit value, landscape materials shall be located
within the lesser of:
a. the depth of the
required perimeter yard or buffer-yard;
or,
b.
fifty (50) feet of a property line.
Part 4: Remove text in strikeout and add
text in bold to Section 7.01, H.
(2) One
(1) Sample Area Survey shall be provided for each perimeter yard
or buffer- yard which
includes a preservation area. If a perimeter
yard is in excess of five one-hundred
lineal feet, an additional Sample Area Survey shall be provided for each five one-hundred
lineal feet, or portion thereof, of the applicable perimeter yard. If additional Sample Area Surveys are
required, such additional Sample Area
Surveys shall be equally distributed along the applicable perimeter yard.
Part 5: Add new diagram to Section 7.01 H.
Part 6: Make changes to Table 7.01-D: Tree
Preservation Credits.
Plant Categories
of Trees to be Preserved.
Large Evergreen Tree change height from 12” to 12’.
Part 7: Make changes to Table 7.01-E: Plant Unit Value of a Fence or Wall.
The table
use to allow for any fence or wall providing a sight barrier of 50% or less to
receive credit. 30” to 3’ would receive
5 PUV, 4’ to 6’ would receive 20 PUV and 6’ to 10’ would receive 45 PUV. The applicant could provide any where in the
50% or less range and still get credit.
This amendment keeps this from happening.
Part 8: Add text in bold to Section 7.01,
I, 3, c: Fence, Wall or Berm and renumber remaining subsections.
c. Location of Fence or Wall within perimeter yard / bufferyard
landscaping.
If a fence
or wall is used in conjunction with required perimeter yard or bufferyard
landscaping, a minimum of fifty percent (50%) of the required plant unit
value shall be located between the fence or wall and the adjacent street
right-of-way or property line.
Part 9: Add text in bold to Section 7.01, I, 3, f:
f. Limitation on Plant Unit Value for Use of Fence,
Wall and Berm.
A fence,
wall or berm may be used individually or in combination, when approved as part of
a Landscape Plan required by this Section, provided, however, the total plant
unit value of a fence, wall or berm, either individually or in combination,
shall not exceed one-third (1/3) twenty five percent (25%) of the
required plant unit value for any one-hundred, (100) foot
increment.
Part 10: Remove the existing graphic and add new diagram to Section
7.01, K.
Table
7.01-E: Plant Unit Value of a Fence or
Wall
There was
further discussion among the Council Members and staff regarding the plant unit
value credits of sharing a fence between properties.
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.
There was more
discussion regarding fence regulations and buffer credits installed by
commercial developers.
Action #1: The Council approved a motion to accept the following
statement as true: “The requested
Unified Development Ordinance text amendment is consistent with the
Motion By:
Atwell
Second By:
Dickson
Vote:
Unanimous.
Action #2: The Council approved a motion to adopt Ordinance 07-14 to
approve and enact Unified Development Ordinance Amendment #07-UDO-01 to modify
the text of UDO Section 7.01 Landscaping.
Motion By:
Dickson
Second By:
Atwell
Vote:
Unanimous.
A
copy of Ordinance A07-14 is incorporated
into these minutes as addendum pages.
7b.
Public Hearing: Annexation
Ordinance A07-05 - Ms.
Huffman said the Town has received a petition
for voluntary annexation of approximately 1.4 acres located at
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded:
Doris Quinene, 4420 Middle Creek Farm Road requested the property be annexed into
the city limits in order to connect to the town utilities. She said that the property’s well was shallow
and would be used for irrigation.
Tim Sack, 332 Elam Street ,an adjacent property owner, said that he was in
favor of the annexation petition.
There being no further input, the public hearing was closed.
Councilman VanFossen asked Ms. Quinene if the well water has
been tested due to her property was adjacent to the Town of
Ms. Quinene said the water has been tested twice and was
contaminated and repaired. Due to health
issues, the owners would be interested in tapping onto town utilities.
Ms. Moore of the water quality department said that the
water can be tested, but testing would not indicate the source of the contamination.
Action: The Council approved a motion to adopt Annexation Ordinance
A07-05 annexing approximately 1.4 acres owned by Edward and Doris Quinene, and
more particularly described as Wake County PIN: 0659.02-75-0245, into the
corporate limits of the Town of
Motion By:
Atwell
Second By:
Dickson
Vote:
Unanimous.
A
copy of Ordinance A07-05 is incorporated
into these minutes as addendum pages.
7c.
Public Hearing: 07-DP-09, Bridgewater Townhomes – Mayor Sears explained that a public
hearing was advertised to take place on Aug. 21 to receive input on development
plan 07-DP-09 for Bridgewater Townhomes; however, the plan is being revised and
will be brought to the Council in September.
Mayor Sears explained that the Council will open the public hearing to
receive any comments that may be forthcoming and then approve a motion to
continue the public hearing to resume on
He said the amended plans and full
explanation of the project will be presented at the Sept. 18 Town Council meeting.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded: None.
The public hearing remained opened.
Action: The Council
approved a motion to continue
the public hearing to resume on
Motion By:
Atwell
Second By:
Dickson
Vote:
Unanimous.
At this time, Mayor Sears requested to be recused from the
next agenda item, saying that he is contracted by Wakefield Development, the
applicant. He asked to be recused and
that the meeting temporarily be presided over by Mayor Pro Tem Dickson.
Councilman VanFossen also asked to be recused, saying that
he is the architect designing the development’s clubhouse.
Action:
The Council approved a motion to recuse Councilman VanFossen and Mayor
Sears from deliberations and action on agenda item 7d, public hearing on
proposed amendments to the Twelve Oaks, Phase I Preliminary Plan.
Motion By: Atwell
Second By:
Dickson
Vote:
Unanimous.
7d.
Public Hearing: Twelve Oaks
Amendment, Phase I, 06-
Ms. Huffman said the townhomes have
a total of three different models (A, B, and C.) The layout would include 4 to
6 units per building. She said future townhome
owners would be able to choose from six different complementary color palettes in
this section called Applewood.
She said the designs of these
townhomes are required to meet R-MF-8 architectural standards, which have been
provided in the plans. Standards include
multiple building materials, and brick and hardi-plank are to be used; façade
modulation and roof line variation are required as are a variety of
architectural elements such as columns, cornices, decorative windows, and
dormers.
Councilman DeBenedetto said that in the past there have been
some concerns about appearance and location of the venting pipes on roof tops
of townhomes.
Michael Dean Chadwick of First American, 208 Oxford Mill Court,
Tom McKay of McKay & Associates, Inc.,
Councilman DeBenedetto asked if the 13 -/+ acres of open
space was contiguous throughout the development or just for this townhome phase.
Tom Spaulding 972 Trinity Road said that the designated 13 -/+
acres of open space provided is spread throughout the whole development.
With that explanation completed, Mayor
Pro Tem Dickson 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 approve preliminary plan amendment
06-
1.
All
items must be addressed within 10 business days of the Town Council meeting:
a. Remove note allowing for change of the elevations of the
town homes.
Motion By: Womble
Second
By: DeBenedette
Vote:
Unanimous.
Councilman Atwell made a motion to readmit Councilman
VanFossen and Mayor Sears into the meeting.
The motion was seconded by Councilman Dickson, and it carried
unanimously.
7e.
Public Hearing: 07-DP-10,
Stonemont – Ms.
Huffman said the developers of Stonemont are requesting permission to use
development options on parcels located west of Highway 55 Bypass on Avent Ferry
Road just south of Holly Pointe subdivision.
The property south of
Ms. Huffman said that a development
options subdivision is not a subdivision by right. The applicant is required to
submit findings of fact that must be satisfied for the subdivision to be
approved.
She said these parcels were annexed into town during
She said rezoning condition #3 has
been addressed by the developer. A
letter was submitted providing a list of ways the condition is being met on
each of the lots within the subdivision.
The
conditions are as follows:
She said with the efforts the
developer has made to address staff’s concerns, staff is comfortable with the
approval of the subdivision and the plan of action for re-vegetation.
She said the developer is providing 18.9 aces of open space
for this project which meets the open space requirement.
Councilman
DeBenedetto asked if staff was satisfied with the Planning Board’s comments
regarding the completion of the recreational facilities at time of receiving
the certificate of occupancy, (CO).
Ms. Huffman said yes that the pool will be completed by the
50th certificate of occupancy granted within the subdivision and all
other recreational areas/amenities will be completed with the final CO’s with
the phase associated with the facility where located.
There was further discussion among
staff and Council Members about the language “reserved by owner open space” used
on the plan identifying open space at certain areas located adjacent to other
properties.
Russell
Briggs of B & F Consulting, 2805 Tobermory Lane, Raleigh explained that those areas are
labeled “reserved by owner open space” will alert future homeowners who buy the
property adjacent to these lots and will open the area for construction for a house
at that location in the future if a developer acquires the property on the
other side of the parcel. He said the
Planning Board thought this to be a good idea.
He said the UDO specifies a lot that meets all the dimensional
requirements or a pocket of open space, is to be calculated into the overall
development calculations of the development project.
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.
Councilman VanFossen asked since the property was annexed
and zoned Residental-15 (R-15), would the lot sizes be 15,000 square feet.
Ms. Huffman said the developer is requesting to use development
options for this project. She said the development
options will allow the developer to have a density of a maximum of 141
residential lots, which is equivalent to 2.02 dwelling units to an acre. The maximum lot area is 29,872 square feet,
the minimum lot area of 10,000 square feet and the average lot size 12,115
square feet.
Councilman Atwell asked if this development will connect to the
Union Ridge subdivision.
Ms. Goodson said that this development will connect with the
Union Ridge development at another phase.
Mr. Dean said the timing of Stonemont and Union Ridge is important
being both developments will be sharing the same pump station.
Ms. Goodson explained that the proposed downstream Union Ridge
Pump Station and 18” gravity sewer lines are to be constructed to the eastern
most property line of Union Ridge which is needed to serve Stonemont. She said that the Union Ridge project is
currently moving forward in a timely matter, but if that project is delayed or
not completed by the Union Ridge subdivision developer then the installation of
the pump station will be the responsibility of the developer of Stonemont to
complete the sewer to the Avent Ferry Pump Station.
Action #1: The Council approved a motion to make and accept the
findings of fact to be recorded in the minutes for Development Plan Petition
#07-DP-10 for Stonemont to allow for a waiver of regulations of UDO Section
2.09: R-15 Residential District, to allow for development options to be used in
the R-15 residential zoning district as submitted by B&F Engineering and
Consulting, Project Number AVENT-20070715, dated revised
a. The use of area properties will not be adversely affected;
b. The proposed development is appropriate
to the site and its surroundings;
c. The proposed development is consistent
with the policy statements of the Comprehensive Plan;
d. The proposed development is consistent
with the intent and purpose of this UDO.
e. The proposed development will enhance
or preserve the natural and/or environmental features on the property
f. The proposed development will reduce the amount of tree
cutting or mass grading of the property as a result of using Development
Options.
Motion By:
Dickson
Second By:
Atwell
Vote:
Unanimous.
Action #2: Having made the necessary findings of
fact, the Council approved a motion to approve Development Plan #07-DP-10 for
Stonemont as submitted by B & F Engineering and Consulting, Project Number
AVENT-20070715, dated revised
1.
Fee-in-lieu
of pump station upgrade and/or actual upgrade will be required.
2.
No
construction drawings will be approved for this project until the downstream
Union Ridge Pump Station and Union Ridge 18” gravity sewer lines are
constructed to the eastern most property line of Union Ridge. If this is not completed by the Union Ridge
subdivision developer then it will be the responsibility of this project to
complete the sewer to the Avent Ferry Pump Station, (subject to approval by Town Council).
3.
The
following items shall be addressed with the first submittal of construction
drawings:
a.
Provide
design of the offsite sewer for the sewer that needs to be built to properly
serve this property. Note that all offsite easements will need to be recorded
prior to construction drawing approval.
b.
A
comprehensive drainage area map with calculations will be required
c.
Show
and label backwater easements (to be recor
d.
All
environmental permits for the entire project will be required.
e.
Provide
a signed USACE wetlands map. Since USACE is not currently providing signed
wetlands maps, please provide an Engineering signed and sealed letter with map
stating that you have met with a USACE representative in the field to determine
where the wetlands and other jurisdictional features are located on the
property.
f.
Riparian
Buffer Homeowner education packet must be submitted with first erosion control
plan submittal.
g. An update to the FEMA flood study
and a local flood study for the upstream tributaries will be required with this
plan.
h.
The
following are special studies that are required for this project. Each report shall be completed and approved
prior to the first Construction Drawing submittal of this project.
a.
A
Traffic Impact Analysis will be required for this plan. It has
been submitted to the Town for review with the 2nd submittal
received on
b.
A
sewer report will be required for this plan to verify the size of the lines for
upstream development. It has been submitted to the Town for review
with the 2nd submittal received on
c.
A
pond study will be required for this plan. The following information will be
required.
1.
Provide
a sealed engineer’s report and calculations to verify structural integrity of
dam(s) prior to 1st construction drawing submittal.
2.
Provide
100-yr water surface area of the pond and 100 year flood plain elevation.
3.
Show
20’ maintenance easement surrounding pond and dam
4.
Verify
that this pond/dam does not meet Dam Safety
It has been submitted to the Town for review with the 2nd
submittal received on
4.
Prior
to Final Plat, the following must be completed:
a.
Payment
of fees-in-lieu of land dedication in the amount of $927/unit totaling
$130,707.00.
5.
Within
10 business days of Town Council approval, revised plans addressing the
following items shall be provided.
a. Note that an alternate roadway plan
is included with this plan set for the connection to Union Ridge. This plan sheet shall be apart of the revised
plans and shall be clearly labeled as an Alternate and include the following
note on the plans: The Alternate Road
Layout is only applicable if all of the following occur: 1) the property
located to the west of Stonemont (Macon property) is acquired, 2)an amendment
to the Union Ridge subdivision plan is approved showing the revised layout, and
3)all permits associated with the stream crossing are obtained (USACE and
NCDWQ).
b.
Road
improvements for this plan are required for the full road frontage of the
property in accordance with the Town’s Thoroughfare Plan. A plat is anticipated for this development to
adjust the property at
6.
The
Recreational facilities shall be built in accordance with the following:
a. Prior to the 50th
Certificate of Occupancy, the Recreational Pool Facility shall be completed.
b. Prior
to the final Certificate of Occupancy for each Phase as specified on the plans,
all other recreational areas/amenities for that specific phase shall be
completed.
Motion
By: Dickson
Second By:
Atwell
Vote:
Unanimous.
7f.
Public Hearing: National
Pollutant Discharge Elimination System (NPDES), Phase II Ordinance – Ms. Keefer said this request is for
adoption of the town’s proposed Stormwater Ordinance, which is a requirement
for the Town to comply with the post-construction portion of its National Pollutant
Discharge Elimination System (NPDES), Phase II Stormwater Permit.
Ms. Keefer said in 2006 the North
Carolina General Assembly enacted Session Law 2006-246 to provide for
implementation of Phase II Stormwater Management Requirements. She said this act establishes procedures for
implementing the Federal NPDES Stormwater Permitting program for small
communities in census designated urbanized areas. In addition to permitting requirements for
Municipal Separate Storm Sewer Systems (MS4s), the act established
post-construction stormwater management requirements, in both unincorporated
and incorporated areas), for development activities in areas outside of the
permitted MS4s. She said the act requires
that new development and redevelopment in these areas must meet the
post-construction requirements beginning
Ms. Keefer said the draft ordinance
has been posted on the Town’s web site since Aug 3, and postcards were mailed to
all area developers and engineers notifying them of the proposed ordinance and of
an Aug. 30 stakeholder meeting. The
purpose of the stakeholder meeting will be to include a full explanation of the
proposed ordinance and collect feedback.
She said staff will bring the ordinance back before the Town Council on
Sept. 4 for final consideration with an effective date of
There was discussion among staff and the Council Members of
the responsibility of maintenance for the stormwater devices once installed
within a development. Ms. Keefer
explained that once the engineered stormwater devices were installed it would
be turned over to the Homeowners’ Association for maintaining and operation of
the Best Management Practices (BMPs).
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded: None.
The public hearing remained opened.
Action: The Council approved a motion to continue to public hearing
until the
Motion By: Atwell
Second By: Dickson
Vote:
Unanimous.
Councilman
VanFossen made a comment that the new ordinance will cause an increase in the
cost of development.
8.
Consent Agenda: The Council approved a motion to
approve all items on the Consent Agenda.
The motion carried following a motion by
8a. Minutes - The Council approved minutes of the Council’s regular meetings held on
May 15 and
8b.
8c. Resolution 07-32 – The Council adopted Resolution 07-32, declaring Wastewater
Treatment Plant vehicles surplus to the needs of the Town. A copy
of Resolution 07-32 is incorporated into these minutes as an addendum page.
8d. Resolution 07-33 – The Council adopted Resolution 07-33, declaring certain real
property located on
9a. The Overlook at Holly Glen Amendment, 05-DP-08-A02
– Ms. Huffman said the Overlook at Holly Glen
originally was approved in 2005 as a Development Incentives project. When approved there was a condition placed on
the development plan stating, “The proposed development is appropriate to the
site and its surroundings and the existing grading, and vegetation will be
preserved to the extent possible in keeping with common building practices.”
Ms.
Huffman said that McCar Homes bought the property after preliminary
approval. With their request for
additional grading through a grading plan revision, staff raised concern about
if the proposed plan was meeting the intent of the condition placed on this
plan by the Town Council.
She
said the applicant has been asked to provide information to justify how the
proposed plan meets the intent of the condition. She added that McCar has submitted a
landscape and grading plan to show how they intend to deal with grading of
lots.
She
explained the builder proposes to keep vegetation from 20% to 30% on lots if
permitted; however, if the lots are compromised and less than 20% is being
provided then the re-vegetation plan would be used. The builder is committing to put foundation
landscaping around every home and street trees on all streets, not just the
main collector street.
Ms.
Huffman said staff asked McCar to submit examples of lots completed showing the
amount of landscaping normally installed compared to what the company proposes
to provide.
She
said if approved, the additional information provided will be added to the
approved Overlook at Holly Glen plans and used in review of the grading plan.
Jim Canfield 111 MacKenan Drive
of Withers & Ravenel said the criteria of their product address issues
of driveway slopes and drainage between the lots. He said the number one home owners’ complaint
deals with drainage problems; therefore, the developer puts a lot of thought in
solving those drainage issues at the beginning. Mr. Canfield said the appearance of the
finished development will be within scale and pleasing. He said that it was the intent to minimize
clear cutting the property.
John Millenaar, the region manager of McCar Homes,
said as stated on the plan one of the conditions relates to clearing and
grading of lots is to be consistent with common building practices. He reviewed the guidelines that McCar Homes
uses for clearing property and drainage criteria. He reviewed the steepness of driveways; the
required clearance from vegetation; inability to move machinery without adequate
clearance, on-site storage for materials, curb appeal and re-vegetation
plan. He said that it was McCar Homes’
goals to design an aesthetically pleasing community.
Bob Kosnik 15401 Western Parkway, Cary,
presented the Council with a presentation of the proposed property, the current
status of the property and proposed grading plan. He reviewed the areas where the trees will be
saved and the areas to be cleared. He
also reviewed examples of individual lots that are to be re-vegetated and spoke
of the importance of proper drainage and agreed to save as many trees as
possible.
Councilman
Atwell said his concerns are not with drainage but the appearance of clearing
cutting the lots and the steepness of slopes.
Ms.
Stephenson explained the drainage issues and steep slopes of the property and
said the developer is proposing over and beyond what is required for drainage.
Councilman
VanFossen made a suggestion to leave as many trees as possible especially the
older trees in that area of town.
Councilman
Atwell and Mr. Kosnik discussed the
finished product of the houses.
Councilman Atwell’s concern was if the houses were to be built slab on
grade. Mr. Kosnik said
the homes are built on a raised slab with a brick finished edge around the
house.
There
was further discussion about the appearance of clear cutting and stacking of
the homes.
Councilman
DeBenedetto asked if the Overlook at Holly Glen would have its own Home Owner’s
Association.
Mr.
Bob said that the Overlook at Holly Glen was annexed with Holly Glen’s Home
Owner’s Association.
Ms.
Stephenson commented that the Council can add a condition of the approval so
that during construction drawing review, the lot grading will be reviewed to
insure that step grading is minimized throughout the site.
Action:
The Council approved a motion to approve Development Plan Amendment
#05-DP-08-A02 for Overlook at Holly Glen as submitted by Withers and Ravenel,
Project Number 2070206.0, dated revised
1. All previous conditions of approval shall
apply.
2.
During construction drawing review, the lot grading will be reviewed to
insure that step grading is minimized throughout the site.
Motion By:
Atwell
Second By:
VanFossen
Vote:
Unanimous.
9b. Sunset Lake Commons Master Plan, 06-
Ms.
Huffman said that after approval of a master plan, the applicant would then
submit for a major subdivision plan that would be reviewed administratively and
would allow the developer to plat the lots for sale.
She
said it is not until the specific development plans are prepared that the
Planning Board and Town Council will review the specific development requests
for this project.
Ms. Huffman reviewed the location of the project and
landscape buffer requirements, greenway and open space requirements.
Councilman DeBenedetto asked if there will be a traffic
light at the
Jeff Baran of Hughes-Baran
Associates, 6409 Westgate Rd.,
Mayor Sear inquired about the topography issues on the
property.
Mr. Baran said yes there were some drainage issues toward
the rear of property.
Ms. Goodson clarified the changes in the motion, the underlined
and bold print is to be added to the motion and delete the strike-through.
Mr. Dean explained the development phases and order of
completing the road improvements.
There was much discussion regarding the order of road
improvements. Councilman VanFossen suggested to Mr. Baran that the Optimist
Farm Road intersection be completed as soon as possible and develop the remaining
property and road improvements along Sunset Lake Road last.
Mr. Baran explained that the first two parcels have
access and that there is a property owner who is between these properties on
There was further discussion regarding the issue of a
possible eminent domain process on the property separating the parcels and the
temporary fix to the traffic problems at
David Dominick of Bass, Dixon & Kennedy
discussed with staff and the Council Members possible solutions for the road
widening of
Action: The Council approved a motion to approve Master Plan #06-
a.
Install
a decorative traffic signal at
b.
All
remaining improvements of the Master Plan.
a. A comprehensive
drainage area map and supporting calculations will be required.
a.
Show
utility easements for all water or sewer lines outside of the public
right-of-way.
b.
Remove
the reference for if required from the note referencing the stream crossing for
the
c.
Please
clarify the note about the Town’s help with obtaining right-of-way to state for
the Yates property only.
d.
Remove note number 4 on the plans and replace with a note on the plans
that states the developed recreational open space will be provide as 2% of the
main tenant’s square footage or 200 square feet which ever is greater; the
required greenway trail will not replace this requirement of the developed
recreational open space.
e.
Remove
internal landscape buffer between the out parcels located within the Master
Plan and around the existing residential parcel this will be addressed during
Preliminary Plan Review.
f.
Provide revised phasing on the plans that reflects the sub-phasing for
Phase 2 including a note reflecting the developer’s agreement with staff to not
require road improvements until the 3 lot is developed.(Note that this
condition has been added at the
There was more discussion regarding
Motion
By: VanFossen
Councilman VanFossen withdrew his
motion.
Action: The Council approved a motion to table Master
Plan #06-
Motion:
Atwell
Second:
DeBenedetto
Vote:
The motion carried following a 4-1 vote.
Councilmen DeBenedetto, Dickson, Womble and Atwell voted for the
motion. Councilman VanFossen voted
against.
9c.
Mr. Bradley said the total cost would
be billed monthly based on the percent of work completed. He said work beyond the scope of basic
services and as authorized by the Town would follow hourly rates as provided in
the contract.
He said the planning schedule is
expected to take approximately four months.
Mr. Schifano explained the Code of
Ethics for Town Officials policy in regards to Councilman Womble’s ownership of
property in the proposed project area.
He also discussed the logistics of accepting bids for Town projects.
Action: The
Motion By: Atwell
Second
By: VanFossen
Vote: Unanimous.
A
copy of Heery International contract and
budget amendments are incorporated into these minutes as addendum pages.
Councilman VanFossen asked Mr.
Bradley while working with Heery International and designing the new community
center to consider other sites other than the Main Street site.
9d.
Sidewalk Design Contract Award – Ms. Stephenson said at the 2007 February Town Council Retreat, staff was directed
to pursue survey and in-house design for the sidewalk connection from Wendy’s
to
She said this sidewalk is approximately
1,100 feet and crosses a significant culvert crossing in an environmentally
sensitive area. The proposed sidewalk path also is in an area with a conflict
to an existing pump station and overhead utilities.
Due to the active design project
list, staff had projected design to be complete fall/winter of 2007 and
advertise/bid to be in February 2008. As
a result of the last council meeting, however, this project has been
accelerated and must be designed by a consultant.
Action: The
Motion By:
Atwell
Second
By: Dickson
Vote: Unanimous
A copy of Kimley Horn
& Associates contract is incorporated into these minutes as addendum pages.
9e.
Stinson Avenue, Phase II – Ms. Stephenson said in accordance with the Town’s originally approved
Transportation Capital Improvement Plan, the second phase of Stinson Avenue is
to be constructed to connect two existing sections of Stinson Avenue and
provide a vital link between the Village District and Bass Lake Road.
She said the construction of culverts will require
specialized inspections and testing of materials. She said Wetherill Engineering proposes to
conduct the inspections and material testing for the box culverts and provide
the design for this specialized portion of the project as well. The contract covers periodic construction
observations, materials sampling and testing, and contract administration for
this portion of the contract.
Action: The
Motion By:
Atwell
Second
By: Dickson
Vote: Unanimous
A copy of Wetherill
Engineering contract is incorporated into these minutes as addendum pages.
9f.
9g.
Southern Wake Water Line Settlement Agreement – Mr. Dean said a series of
interlocal agreements were entered into in the mid 1980s through late 1980s
between Wake County, Apex, Cary,
He said the agreements for water provision by neighboring
towns were loosely formed, which resulted in spotty service, no guarantees for
capacity, and uncertainty for
Mr. Dean said the 1983 agreement contemplated a pay-back
provision by collecting an additional fee from parcels that wished to tie on to
the water system which was to be assessed by the Town according to linear
footage of the parcel and by acreage.
This fee was not collected and transmitted to the county by the Town as
required in the agreement. There is no
record of payment.
He said staff recommends entering into a settlement
agreement with
Action:
The
Motion By:
VanFossen
Second
By: Atwell
Councilman DeBenedetto asked if the money was coming from the
Town’s reserve funds. Mr. Holland said
yes.
Vote: Unanimous
A copy of the settlement
agreement is incorporated into these minutes as addendum pages.
10.
Other Business: Councilman Womble made a motion
to adopt a resolution supporting the efforts of parents of
Councilman
Dickson suggested stating in the cover letter that the passing vote was not a
unanimous vote. He also wanted to go on
record saying that he did not wish any ill will against anyone making these
decisions but in his opinion that magnet schools promote inequality in
education and opportunity.
Councilman Womble asked if Town staff is being notified of the
Wake County Board of Commissioners meetings and if the Town is being
represented at those meetings. Mr. Dean
said that the Town receives a fax of the meeting agendas the day before the
meeting and the agenda is on the County’s website.
11.
Manager’s Report: Mr. Dean asked if the Council
received an email regarding the revaluation presentation given by Mr. Emmit
Curl that was presented to Novartis on Aug. 9. He said Mr. Curl offered to make the
presentation to the Council at a fall mini-retreat.
Mr. Dean said that the flag at all
the Town’s facilities will fly at half-mast through Friday, Aug. 24 in honor of
Captain Michael Shean Fielder, 35, of
Mr. Dean distributed the employee
reclassification study to the Council Members at this time. He also reminded the Council Members of the
Novartis ground breaking that is by invitation only at
12.
Closed Session: None.
13.
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.