Regular Meeting
Dec. 18, 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 Councilman Womble.
4.
Agenda Adjustment: The
Motion
By: Sack
Second
By: Womble
Vote: Unanimous
Items
Added to the Agenda: None.
Items
Removed from the Agenda: Item 6a.,
presentation of appreciation plaques.
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: None.
6a.
Presentation of Appreciation Plaques to Local Businesses – This item was deleted during
Agenda Adjustment.
6b.
FY 2006-07 Finance Audit Report – Mr. Holland introduced Chris Abbott of Christopher K.
Abbott, CPA, PA, to present a report and management letter following the firm’s
annual audit of the Town’s finances for the fiscal year ending
Mr. Abbott reviewed financial
highlights of the town’s audit; he reviewed the Town’s table of net assets and
reported on the town’s fund balance.
In summary, Mr. Abbott said the Town
was in a very strong fiscally-strong position.
Action: None.
A
copy of the town’s 2006-07 financial statements is on file in the Finance
Department.
7a.
Public Hearing: Annexation
Ordinance A07-07,
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded: None.
The public hearing was closed.
Action:
The
Motion By: Womble
Second
By: DeBenedetto
Vote: Unanimous.
A copy of Annexation
Ordinance A07-07 is incorporated into these minutes as addendum pages.
7b. Public Hearing: Zoning Map Change Petition 07-REZ-15 – Mr. Jones explained the applicant is requesting to rezone
approximately 144.47 acres from R-20 to CB: Community Business and R-MF-15:
Multi Family Residential. He said the CB
portion of the parcel is approximately 98.14 acres generally along
He pointed out that the parcel is
designated in the Comprehensive Plan as a
Mr. Jones said the Planning Board
reviewed the proposal and asked about the thoroughfare shown on the
Thoroughfare Plan potentially crossing this property. He said the thoroughfare shown would be a
minor thoroughfare with a cross-section of 41 feet back-to-back on 90 feet of
right of way, and the exact alignment would be discussed in more detail when
this project comes in for a development plan.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded:
Travis Morehead,
David George of Kite Realty – Mr. George, representing the
applicant, said he was available to answer questions.
There being no further comments, the public hearing was
closed.
Action #1: The
Motion By: Sack
Second
By: DeBenedetto
Vote: Unanimous.
Action #2: The
Motion By: Sack
Second
By: VanFossen
Vote: Unanimous.
A copy of Zoning
Ordinance R07-01 is incorporated into these minutes as addendum pages.
7c. Public Hearing: Special Exception Use 07-SEU-10, 228 Tullich
Way –
Ms. Huffman
explained that because this hearing has
been advertised, staff recommends that the public hearing be held as usual and
the Council hear testimony and recommendations; however, staff also recommends
that no action be taken on this petition, which is now invalid because
application fees have not been received.
Ms. Huffman said this
property is located in the Oakhall PUD at
She said only 20% of the
square footage, or 289.4 square feet, may be used for the in-home daycare. The applicant is proposing to use 240 square
feet, so the applicant would be in compliance with UDO provision in Section
2.8. The Family Childcare Home would be
located in the area that previously was used as a garage, but has now been
finished.
Some
concerns of the Planning Board were as follows:
§ On-street parking and its potential
to hinder traffic flow.
§ Whether the home’s garage is
finished
§ Location of the home in relation to
Ms. Huffman said
all of the Special Exception Use findings of facts were thoroughly answered in
the application.
Ms. Huffman said that
staff would recommend approval of this Special Exception Use, and the request
is in compliance with the
With that explanation completed, Mayor Sears opened the
public hearing to accept sworn testimony.
The following testimony was recorded under oath administered by the Town
Clerk:
Tim Kirwan,
Mr. Kirwan pointed out that
He noted that many cars travel this roadway during morning
and evening commute times when children would be dropped off and picked up,
posing a danger to the children and to motorists.
He reported that the HOA has invested time and money to
clear
He then noted that the driveway of the location would not
have the capacity for more than one client at a time, creating the potential
for not only on-street parking, but possibly on-street on both sides of the
street.
In closing, Mr. Kirwan said the Oak Hall HOA requests that
the Council deny the permit due to the dangerous traffic situations that might
be created.
Action: The Council approved a motion to
continue the public hearing for Special Exception Use application 07-SEU-10 to
Motion By: Sack
Second By: Womble
Vote: Unanimous.
A copy of Mr. Kirwan’s prepared statements are
entered into the record and are incorporated into these minutes as addendum
pages.
8.
Consent Agenda: The Council approved a motion to
approve all items on the Consent Agenda. The motion carried following a motion by
8a
Budget Report –
The Council received a report of
monthly amendments to the FY 2007-08 budget approved by the Town Manager. A copy of the budget amendment report is incorporated into these minutes
as an addendum page.
8b.
Cultural Center Theater Rental Rates
– The Council approved 2008
8d.
Resolution 07-43 –
The Council adopted Resolution 07-43 declaring certain personal property
surplus to the needs of the town. A copy of Resolution 07-43 is incorporated into
these minutes as addendum pages.
8e.
Budget Amendment –
The Council adopted amendments to the CDBG scattered sites project
budget in the amount of $6,500 to cover service delivery charges. A copy
of the budget amendment is incorporated into these minutes as an addendum page.
8f.
Budget Amendment – The
Council adopted an amendment to the FY 2007-08 budget in the amount of $28,000
to set up funds for percentage-based and guaranteed
9a.
1)
Adding
one single-family lot.
2)
Adding
a Master Sign Plan to the Planned Unit Development to regulate the type and
size of signage that would be permitted in the PUD.
3)
Adding
parcel number 0658-16-2629 (.54 acres) to the PUD.
Ms. Huffman said the Planning Board
had reviewed the proposal and recommends approval.
Councilman DeBenedetto noted that
the Planning Board had held discussions regarding the added sign height and
questioned how the Planning Board came to a conclusion to recommend approval.
Jimmy Cobb, 4936 Sunset Forest Circle
– Mr. Cobb, representing the Planning Board, reported to the Council that the
Planning Board had discussed the issue of allowing the added height to one sign
and had come to an agreement that the sign’s being located in a hole and its
location relative to the highway would make the additional approximately 16
inches in height permissible.
Action:
The Council approved a motion to approve Planned Unit Development
Amendment #05-DP-01-A01 for Main Street Square PUD as submitted by Bass, Nixon
and Kennedy, project number 05343, dated revised
1.
All
previously approved conditions for the Main Street PUD shall apply to this
amendment.
Motion By: VanFossen
Second By: Womble
Vote:
Unanimous
9b.
He said the Town and WCPSS will begin
working on a new joint use agreement as soon as the Council approves a motion
to participate in the project. Work already has begun on an inter-local
agreement with
He said the total
estimated cost for improvements is $350,000, according to the project manager
from WCPSS. For the purpose of the Dec. 18 meeting, staff is asking the
Council to approve the entire amount in anticipation that
Mr. Bradley said the Town has
approximately $80,000 remaining from the
Mr. Bradley said he also would like to
request that the Town look at building restrooms somewhere at this location,
which would also be of benefit to the high school softball field and tennis court
users.
He said without the restrooms included at
this time, the Town would be looking at new funds totaling $140,000.
Mr. Bradley said that staff is
recommending that Council approve this request to allow staff to inform WCPSS
of the town’s intent to participate.
Councilman Dickson said he agreed in
concept with the potential joint use agreement; however, he was reluctant to
remove the entire $80,000 from the high school project because restrooms would
be beneficial for the facilities that the town uses.
Councilman
Sack agreed because restrooms are needed.
Mr. Dean explained that it would not be an
either/or type of thing since the middle school improvements would actually
serve both locations.
Still, the Council indicated that it not
want to remove the $80,000 out of the high school project if it was not
necessary.
Action: The Council approved a motion
to commit the Town’s participation in shared construction and shared use of
athletic facilities at
Motion By:
Womble
Second By: DeBenedetto
Vote:
Unanimous.
9c.
Stonemont Pump Station Site Plan Amendment – Ms. Goodson said consistent with the Town’s Engineering Design and
Construction standards, the proposed site plan for the Stonemont Pump Station
is for the Council’s endorsement. She
said the pump station was added to the subdivision plan when it became apparent
that downstream development was not going to provide a pump station to serve
this development in the foreseeable future.
Ms. Goodson said the pump station is
surrounded by future Stonemont subdivision lots. It is buffered per design
standards put in place previously by the Town Council to address this
situation, and in fact meets all site design criteria per the engineering
design standards approved by the Town Council with the exception of the
requested variance for the buffered width to be reduced to exclude the area in
the flood plain from the deeded pump station lot.
Ms. Goodson explained the variance
request. She said the Engineering Design
and Construction Standards requires that all pump station sites include a
50-foot opaque buffer surrounding the pump station site and then include a
10-foot opaque buffer on either side of the access drive to the pump
station. In addition, the entire site
that the pump station is located on (including all required buffers) shall be
deeded to the Town upon acceptance of the pump station.
She said this site accommodates the
requirement for the full 50-foot opaque buffer; however, a portion of the
buffer will fall within the 100-year flood plain area. Staff recommends that the area to be deeded
to the town not include the area of the buffer in the flood plain. In essence, this would reduce the width of
the buffer along the creek side of the pump station 20 to 40 feet.
Ms. Goodson said, also per Town
Council direction and at the Town Attorney’s concurrence, the plats for this
project will clearly reflect a notation for all lots adjacent to and in
proximity to the pump station that advises that a pump station will be placed
on this lot, and will be subject to routine maintenance and future upgrade and
expansion activities by the Town. She
said normally this approval process happens simultaneously with the preliminary
plan approval; however, this development was not approved initially with a
pumping station – the Town Council granted permission to the developer to
install a pumping station at a later date.
Councilman VanFossen asked if the site would accommodate
upsizing.
Staff responded that it would.
Action: The
1.
Upon
approval of the preliminary pump station site plan, a preliminary plan
amendment will need to be submitted for approval to reflect this pump station
site location.
2.
The plats for this project shall
clearly reflect a notation for all adjacent lots to and in proximity to the
pump station that informs that a pump station will be placed on this lot, and
will be subject to routine maintenance and future upgrade and expansion
activities by the Town.
Motion By: VanFossen
Second
By: Womble
Vote: Unanimous.
10.
Other Business:
Councilman Womble asked if the town
would consider running the water line all the way down
Councilman Womble asked if the town
had any liability with the rock quarry operations that might have caused the
water quality problems.
The town attorney advised that a
better route for the residents to take would be to petition for annexation and to
hook up to the town’s water system.
Councilman Dickson requested that the
town’s growth issues report on the Website be added as a regular meeting agenda
item for the Council to vote up or down on the question of a moratorium so the
issue could be put to rest.
11.
Manager’s Report: Mr. Dean asked about where and
when the Council wanted to meet in retreat and asked them to provide topics for
discussion.
Council consensus was that the
retreat should be held at Pine Needles as in years past and that it be about
the same length from Feb. 22 to Feb. 24.
12.
Closed Session: The Council approved a motion to
enter into Closed Session, pursuant to G.S. 143-318.11(a)(6)
to conduct the town manager’s performance evaluation.
Motion
By: Dickson
Second
By: Sack
Vote: Unanimous
General Account of Closed Session –
In Closed Session, the
--
End General Account
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.