Regular Meeting
Sept 4, 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 Pastor Lewis Gentry.
4.
Agenda Adjustment: The
Items
Added to the Agenda: None.
Items
Removed from the Agenda: None.
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:
Brenda Compton – Ms. Compton,
a local real estate agent, addressed the Council on the topic of on-street
parking on
She spoke in favor of on-street
parking on
6a.
South Wake Landfill Committee Presentation – Mr. Ed Dressen, a committee
spokesman, addressed the Council to provide an update of committee
progress. He explained that the South
Wake Landfill Citizens Committee (SWLCC) was established to provide a forum for
citizens in the vicinity of the South Wake Landfill to have a voice in the
development of the landfill and to provide a conduit for information between
Mr. Dressen
addressed the Council and provided an update of activities and issues being
addressed by the group.
He reported that
three areas of interest were established, and the Committee was divided into
three respective sub-committees. The sub-committees were given separate and
specific tasks.
Mr. Dressen
provided information about the Buffer Sub-Committee. He reported that during the development of
the landfill, regulations require that a 300-foot buffer be established around
the landfill. The Settlement Agreement
with the Easton Acres neighborhood requires that the County enhance vegetation
in this buffer area, but does not provide detail on how to enhance it.
The Buffer Area
sub-committee, Mr. Dressen said, is working on how the buffer area would be
enhanced to ensure that proper screening is established and that it will remain
in place and grow as the landfill progresses in the future. Additionally, the sub-committee is
considering recreational and educational functions, such as nature and walking
trails that may be developed in some buffer areas.
The sub-committee
has visited the buffer area and currently is considering recommendations by the
North Carolina Division of Forest Resources, independent landscape architects,
urban foresters, and other forestry professionals regarding the best way to
accomplish their goals.
The sub-committee
will develop a plan and present it to the SWLFCC at a general meeting for
approval. The plan would then be
presented to the County’s Solid Waste Advisory Committee (SWAC) and the Board
of County Commissioners for final approval.
Mr. Dressen reported
on the entrance sign and landscaping committee:
He said making the entrance areas to the South Wake Landfill attractive
and functional is the goal of this sub-committee. The sub-committee has been working with
examples of entrance ways and the various signage and landscape options that
are feasible. To accomplish their goals,
the sub-committee is working with professional landscape architects to develop
a plan that would lay out the landscape including vegetation and signage that
is consistent with
Mr. Dressen then
reported on the East Borrow Area sub-committee:
He reported that the East Borrow Area is a 68-acre parcel of land owned
by
The terms of the
legal Settlement Agreement with Easton Acres does not allow the soil to be
removed until all other borrow areas are exhausted. The task of the borrow area sub-committee is
to work with the citizens of Easton Acres and explore the possibilities of
establishing an earlier date to convert the use of the parcel to one that will
possibly benefit the citizens of Easton Acres as well as the general population
of Holly Springs. The sub-committee will
meet with the residents of Easton Acres to discuss the issue on Sept. 17.
Mr. Dressen
closed with information about the Committee’s Web site, which is used as a
communications conduit for the committee members. The site contains the notes
from all of the SWLFCC meetings, FAQs, maps, pictures and other pertinent
documents.
Councilman DeBenedetto commended the citizens
serving on the committee and expressed appreciation to Wake County Solid Waste
Management staff who advises the group.
Action: None.
6b.
He said a portion
of the land is flat and usable, and there is a pond located on it. The property is behind
Mr. Buser said the
Parks and Recreation Advisory Committee wishes the Town Council to purchase or
lease this land from Progress Energy for parks, athletic fields, play areas,
etc. In addition, the committee requested
that the committee be given permission to contact Progress Energy directly.
He said the Parks
and Recreation Committee recommends that the Town Council allow the committee
to contact Progress Energy directly to discuss the purchase or lease of
property owned by Progress Energy and that the Town purchase or lease the
property as soon as possible.
Mr. Buser pointed
out that the Town is facing a deficit of athletic fields, to be in keeping with
the Parks Master Plan and be on target for 2025.
Mr. Bradley pointed
out that the Town does need to acquire property and should identify it by next
year. He is not sure, however, if purchase
of the specific subject property is feasible or desirable due to the property’s
proximity to the highly-sensitive Novartis site. He added that access also would be
problematic. Another issue to consider,
he said, would be Progress Energy’s historical reluctance to sell its property.
Council
members agreed that the Town should consider its options for acquiring
additional parkland. The Council
received the information and said staff would look into specifics of the
recommended site as well as other sites
Action: None.
7a.
Public Hearing: National
Pollutant Discharge Elimination System (NPDES), Phase II Storm Water Ordinance
– Ms. Stephenson said at the Aug. 21 meeting, a public
hearing was opened and continued until Sept. 4 on the subject of the town’s
proposed Storm Water Ordinance, adoption of 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, Permit Number
She said staff is still addressing issues and gathering
information and requested that the public hearing be further continued until
With that explanation completed,
Mayor Sears reopened the public hearing to accept input. The following comments were recorded: None.
There being no input, the public hearing was continued to
Oct. 2.
Action: The Council approved a motion to continue the public hearing to the
Motion By:
Atwell
Second By:
Dickson
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
8a.
8b. Budget Amendments – The Council adopted amendments
to the FY 2007-08 budget in the following amounts and for projects approved by
Council Aug. 7 and 21: $319,500 for
Stinson Avenue Phase II; $24,500 for
8c. Budget Amendment, $2,390 – The Council adopted an amendment to
the FY 2007-08 budget in the amount of $2,390 to accept insurance proceeds for
the repair of a police car and an irrigation pump at
8d. Budget Amendment,
$3,500 – The Council adopted an amendment to the FY 2007-08
budget in the amount of $3,500 for supplies and staff of the track out program
for Parks and Recreation department. A copy of the budget amendment is
incorporated into these minutes as an addendum page.
8e.
Budget Amendment, $11,000 – The Council adopted an amendment to the FY 2007-08
budget in the amount of $11,000 and entered into an agreement with Bateman
Civil Surveying for the
8f. Budget Amendment $12,500
- The Council adopted an amendment to
the FY 2007-08 budget in the amount of $12,500 to purchase partitions for the
IT department. A copy of the budget amendment is incorporated into these minutes as an
addendum page.
8g.
Budget Amendment, $7,100 – The Council adopted an amendment to the
FY 2007-08 budget in the amount of $7,100 and entered into a utility pole
relocation agreement with Progress Energy for the
8h.
Budget Amendments, $192,300 – The Council adopted amendments to the
FY 2007-08 budget in the amount of $192,300 to accept NCDOT grant funds and
entered into utility relocation and easement agreements with Progress Energy
and Time Warner Cable for the Main Street Enhancement project. A
copy of the budget amendment and Progress Energy agreement and Time Warner
correspondence are incorporated into these minutes as addendum pages.
8i.
Budget Amendments, $100,000 and $150,000 – The Council adopted
amendments to the FY 2007-08 budget in the amounts of $100,000 and $150,000 to
appropriate 911 Public Safety Answering Point revenues for the Town’s 911
system.
Copies of the budget amendments are incorporated into these minutes as addendum
pages.
8j.
Police Department New Roof Contract – The Council awarded a
construction contract to low bidder Diamond Construction Co. for installation
of a new roof on the police department at a cost of $13,500.
At
this time, Coucilman VanFossen reported that he has a contractual obligation
with the developer of Woodcreek and asked to be recused for discussion and action
on the next agenda item.
Action: The Council approved a motion to recuse
Councilman VanFossen from the meeting due to his contractual tie with the
applicant.
Motion By: Atwell
Second By:
Dickson
Vote:
Unanimous.
9a. Shoppes at Woodcreek Site, 07-DP-12 –
Mr. Zawadski explained the Town has received a request for an integrated center
to be located on 1.65 acres at the intersection of
He said the site would be accessed
by a driveway off of
He
said this project is located within a Gateway Corridor and is therefore subject
to a higher degree of architectural requirements. The two buildings are proposed to be
constructed primarily of a brown and red colored brick along with secondary
building materials that include beige and white colored EIFS. Various architectural elements such as
roofline modulation, metal awnings, multiple brick patterns, decorative
louvers, and multiple cornices are proposed.
Councilman
DeBenedetto asked questions about the elevation of the building and specifics
about expected traffic flow.
Mr.
Zawadski reported that the Planning Board recommended approval of the plan but
did express concerns about the proposed landscaping. While the proposed landscaping meets
requirements, staff did look at options for installation of a fewer number of
larger trees. He said that would be a
minor amendment that could be handled administratively.
Joe
Signoretti, representing the Planning Board, addressed the issue. He said the applicant did everything he was
asked to do; however, the numerous plantings would hide an attractive
building. He said it makes sense to
require fewer trees that are more mature.
Councilmen
Atwell and Dickson said they support landscaping changes to promote visibility
of the building.
The
applicant, Bill Shankle, said he would agree to that modification of the plan
Action:
The Council approved a motion to approve Development Plan #07-DP-12 for Shoppes at Woodcreek
as submitted by Sepi Engineering, project number 07-DP-12, dated 8/13/07 with
the recommendation that the applicant work with planning staff to amend the
landscaping plan and with the following conditions:
1.
A fee-in-lieu of pump station upgrades
will be required for this project
2.
Prior to installation, a site lighting
plan must be submitted to and approved by the Department of Planning &
Zoning.
3.
Prior to issuance of Building Permit,
the following must be completed:
a.
Details for the design and layout of
the developed open space must be submitted to and approved by the Department of
Planning and Zoning.
4.
The following items are to be included
on construction drawings (later in the approval process):
a.
A comprehensive drainage area map with
calculations will be required at 1st construction drawing submittal.
Motion By:
Atwell
Second By:
Womble
Vote:
Unanimous
Councilman VanFossen reported that
he also is professionally involved with the developer of the following agenda
item. He remained excused from the
meeting.
9b.
She
said also included in the development plan is a waiver request for
architectural and site design requirements.
The applicant is proposing to have the three sides that would be visible
from Green Oaks Parkway to be masonry, and the rear of the buildings that would
not be visible to be finished in metal.
Ms.
Huffman explained the parking spaces that are provided, including 10 spaces
that are proposed to be shared parking with the Jump Zone project.
Councilman
DeBenedetto asked for clarification of the role a council member plays when he
is recused.
The
Town Attorney explained that the recused council member is removed as a public
official and is – because there is no definition of “discussion” in the
statutes -- free to speak as a member of the public, or as the architect for a
project without violating code or statutes on ethics.
Councilman
Atwell asked about the “back of the building.”
He said he was not impressed with the appearance with the design of the
rear of the building.
Mr.
VanFossen, architect for the project, pointed out that the back of the building
faces the side of Jump Zone. What the
applicant is doing, he said, is putting more material than is required on the
front and sides. He also pointed out
that the same waiver was granted for the Jump Zone project, which is
incorporated into the subject center.
Councilman
Atwell asked if the applicant would be interested in wrapping the rose brick
around the back of the building to add interest to the rear of the building.
Mr.
VanFossen said that change would change the roof design but he does not feel it
would be necessary because of the way the building faces. He said the Council could make it a condition
of approval.
Following
questions about how the proposed parking lot provides access to neighboring
property, Councilman Atwell then noted that the back sides of the building
would be more visible than he originally thought.
Councilman
DeBenedetto suggested tabling the issue until revised elevations are designed
and provided.
Action:
Councilman DeBenedetto moved that the applicant work with staff and
bring revised elevations to Council.
Councilman Womble seconded the motion.
Ms.
Clapp explained that if Council has no problem with the overall site plan, the
applicant could move forward in the construction review process site and with site
work.
Vote: The motion failed, following a tie vote. Councilmen DeBenedetto and Womble voted for
the motion. Councilman Atwell and
Dickson voted against.
Action #2: The Council approved a motion to approve Development Plan
07-DP-14 for
Motion By:
Atwell
Second By: Dickson
Vote:
Unanimous.
No
action was taken on the waiver request.
Instead, Condition No. 1b addresses this by requiring the applicant to
return to the Council with new elevations and any waiver requests that might
still be needed.
At
this time, Mr. VanFossen addressed the Council and said that the owner of the
site would likely ask him why the Jump Zone was allowed to adjust its exterior
building materials but this project is not being allowed to do so. He asked the Council members to think about
it and provide him with an answer to that question.
Action:
The Council approved a motion to readmit Councilman VanFossen into the
meeting.
Motion By: Atwell
Second By:
Dickson
Vote:
Unanimous.
9c.
Corrugated Container Corp. Site, 07-
She said the property is located
within the business park and is zoned LI: Light Industrial. It was suggested by staff to set a minimum
acreage and a maximum number of lots in order to give the developer or
customers who may purchase the property flexibility. The developer has set the minimum lot size as
0.5 acres, and the maximum number of lots proposed is 12 lots.
She said included with the detailed master
plan is a landscape plan designating the areas where there are different types
of buffers required. Since this is a “Detailed”
Master Plan, an administrative preliminary plan will not be required to be
submitted; therefore, if approved, the owner may submit plats to subdivide the
parcels and submit development plans upon approval.
Action: The
Motion By:
Atwell
Second
By: Dickson
Vote: Unanimous
9d.
Councilman
Atwell said his idea would be to continue the Main Street project without
on-street parking and use project savings realized for enhancing streetscape
features and the creation of pedestrian gathering locations; however, he
stressed that he would think that on-street parking may very well be
appropriate for other sections of Main Street, but not for the one-block
section of Main that extends from Center to Ballentine Street in front of Town
Hall.
Councilman
Womble agreed that, in his mind, no on-street parking is appropriate for this
section of
Councilman
VanFossen challenged these ideas.
Councilman
Atwell said he would support a design with wider sidewalks and plaza type
features.
Ms. Stephenson
said, from this discussion, she is envisioning wider herringbone sidewalks,
seating areas and bump-outs for pedestrian crossings.
Councilman
Dickson said he would not mind parking spaces in front of Village Office Condos
and not in the remaining block.
Councilman
DeBenedetto and Atwell agreed that drawings of what the project could look like
with no on-street parking should be drawn up for review.
Staff said
concept drawings could be provided Oct. 2.
Councilman
VanFossen asked what kind of on-street parking would the Council envision for other
areas besides the municipal block.
Councilman DeBenedetto
suggested parallel parking; Councilman Womble said parallel; Councilman VanFossen
said parallel parking is not as safe, so he prefers reverse-angle; Councilman Atwell
said traditional angle or parallel; Councilman Dickson said more traditional
parking design, whether parallel or traditional angle, should be on Main
Street.
Action:
The Council approved a motion to not include on-street parking on
Motion:
Atwell
Second By: Womble
Vote:
The motion carried following a 4-1 vote.
Councilmen DeBenedetto, Womble, Atwell and Dickson voted for the
motion. Councilman VanFossen voted
against.
Action:
The Council approved a motion to promote parallel parking where
appropriate at other locations on
Motion:
Atwell
Second By: DeBenedetto
Vote:
The motion carried following a 4-1 vote.
Councilmen DeBenedetto, Womble, Atwell and Dickson voted for the
motion. Councilman VanFossen voted
against.
9e.
Ordinance 07-15, Town’s Water Conservation Code – In response to severe drought, the
town’s suppliers of water –
Because the Town is contractually
obligated to follow the lead of its water suppliers, proposed amendments to the
Town’s existing water conservation code were presented.
Mr. Dean explained that the Town’s
current code would be more restrictive than either
Councilmen agreed that the Town
should not prohibit the bulk sales of water for dust control, new street
compaction and new waterline testing because of the safety issue.
Action: The Council approved a motion to adopt
Ordinance 07-15 modifying the Stage 1 Water Emergency water use restrictions as
amended to still allow for street compaction and dust control and new waterline
testing but to restrict all other non-essential uses of water.
Motion: Atwell
Second
By: Womble
Vote: Unanimous.
A copy of Ordinance 07-15, as
amended, is incorporated into these minutes as addendum pages.
9f.
Resolution 07-35,
He said Town funding has been
provided to begin design of the signal.
The Town already has provided a
large amount of funding for improvements to the “state-maintained” Avent Ferry
Road, and Mr. Dean said he does not feel it would be unreasonable to request
that NCDOT fund the approximately $100,000 in costs for the signal.
The Mayor plans to forward this resolution
to NCDOT via Sen. Stevens in hopes that the senator can influence a positive
decision for the Town.
Councilman Atwell stressed that the
Town should take any measure it can to provide a safer walkway along Avent
Ferry from Holly Meadow to the sidewalk segment at
Ms. Sudano said her department would
conduct a field visit this week.
Action: The
Motion By:
Atwell
Second
By: Dickson
Vote: Unanimous
A copy of Resolution
07-35 is incorporated into these minutes as an addendum page.
10.
Other Business: Councilman Womble read a prepared
statement regarding development in
Action: Councilman Womble made a motion that information be provided
at the Sept. 18 meeting as to the processes and procedures that should be
followed in placing a moratorium on residential development. Councilman DeBenedetto seconded the motion.
During discussion, there was much
said about how a motion was not necessary for a Council member to request
information. Council members urged
Councilman Womble to simply make the request and not in the form of a motion.
The Town Attorney said he could
provide the information and went on to explain the limitations of statutes on
placing a moratorium on development. He
cited N.C.G.S. 160A-381(e) which states, “Any ordinance establishing a
development moratorium must expressly include at the time of adoption each of
the following:
(1)
A clear statement of the problems or conditions necessitating the moratorium
and what courses of action, alternative to a moratorium, were considered by the
city and why those alternative courses of action were not deemed adequate.
(2)
A clear statement of the development approvals subject to the moratorium and
how a moratorium on those approvals will address the problems or conditions
leading to imposition of the moratorium.
(3)
An express date for termination of the moratorium and a statement setting forth
why that duration is reasonably necessary to address the problems or conditions
leading to imposition of the moratorium.
(4)
A clear statement of the actions, and the schedule for those actions, proposed
to be taken by the city during the duration of the moratorium to address the
problems or conditions leading to imposition of the moratorium.”
Mayor Sears then called for the vote
on the motion.
Vote: The motion failed, following a 2-3 vote. Councilmen DeBenedetto and Womble voted for
the motion. Councilmen VanFossen, Atwell
and Dickson voted against.
At the simple request of Councilman
Womble, the issue of growth strategies was scheduled for the next meeting
agenda.
Councilman Dickson said the Governor
has signed legislation regarding future landfills. He asked if the Town Attorney could look at
the law and determine if anything was contained in it that would help
Mr. Schifano briefed the Council on
the main provisions of the legislation and then said he would examine it
further to see if the Town could benefit from any of its provisions.
Councilman Dickson added that the
Town should consider ways of informing residents that their irrigation system
sprinkler heads should be set to arc only onto lawns. He said those who allow water to be sprayed
onto sidewalks are not only wasting water but creating a walking hazard.
Councilman VanFossen reported that
the Technical Review Committee reviewed flex space and rural development
incentives.
Council members requested that TRC
agendas be provided to them as FYI copies.
11.
Manager’s Report: Mr. Dean reported that the Town
had received its reprints of the August 2007 Money Magazine article ranking
Holly Springs as No. 22 of 100 Best Places to Live.
12.
Closed Session: None.
13.
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.