Regular Meeting
July 1, 2008
MINUTES
The
Others Present:
Planning Board members Jimmy Cobb,
Staff Members Present:
2 and 3.
The Pledge of Allegiance was recited, and the meeting opened with an
invocation by Rev. Lewis Gentry, pastor of
4.
Agenda Adjustment: The
Motion
By: DeBenedetto
Second
By: Womble
Vote: Unanimous
Items
Added to the Agenda: None.
. Items Removed from the Agenda: None.
Consent
Agenda Items Removed for Discussion:
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.
Ride to Work Day – Mayor Sears said the largest ever motorcycle and scooter ride to work
day is expected Wednesday, July 16, 2008 . The
17th Annual Ride To Work Day is being boosted by the recent rise in gas prices,
which has caused many commuters to
turn to motorcycles and scooters to save money on
transportation, and they are finding them to be an economical, efficient and
enjoyable way to get to work and around town, he said.
Mayor
Sears announced that he was proclaiming
Action: None.
7b. Scot’s Laurel Entrance Sign -
Mr. Bill Hibbard
lives in Scot's
Mr. Hibbard was not in attendance.
The Town Clerk said she had
confirmed via email receipt of Mr. Hibbard’s request, but had had no contact
with him since. She said Mr. Hibbard may
have been awaiting further instructions from her and that perhaps the Council
should reschedule the agenda item for July 15.
Action: The Council approved a motion defer action on the request to
change the
Motion By: Womble
Second By:
Sack
Vote:
Unanimous.
8a.
Joint Public Hearing: PUD
02-PUD-01-A03, Morgan Park PUD Amendment - Mr. Zawadski
said the Town has received a request for a third amendment to the Morgan Park
Planned Unit Development to reduce the minimum lot size for Parcel B (Village
House/Patio Homes from 5,000 square feet to 3,958 square feet. This same area included townhouses when the
plan originally was approved and was later changed to single-family homes with
a 5,000 square foot minimum lot size with the second amendment.
He said Morgan Park PUD (previously
Trotter’s Village PUD) was approved as a neo-traditional development that
included both single-family and townhomes as well as a commercial
component. An amendment to the original
plans was approved
*
Name
Change to Morgan Park
*
Addition
of seven acres of open space
*
Parcel
layout – including acreage, lots,
streets, utilities, and storm drainage/ponds.
*
*
Creating
single-family and townhome lots without public street frontage
*
Commercial
parcel acreage was adjusted
*
*
Tree
protection fencing was adjusted to match parcel layout
*
Street
cross sections were changed to match Town regulations, including sidewalk
locations.
*
Included
a Village House and Patio Home Detail with 0’ lot lines
Mr. Zawadski said a second amendment
was approved
*
Reduction
in landscape buffers along the western property line and the addition of
landscape buffers along the northeastern property line
*
An
overall reduction of approximately 5 acres of open space.
*
Minimum
lot size reduced to 16,000 SF from 20,000 SF in District A1
*
Minimum
lot size reduced to 7,500 SF from 12,000 SF in District D1
*
Parcel
B Townhomes changed to Parcel B Village House/Patio Homes
Mr. Zawadski said as specified in UDO Section 5, in its
determination of the appropriateness of the proposed PUD and whether to
recommend approval or disapproval of the PUD District zoning map change and PUD
Master Plan, the Town Council and the Planning Board shall be guided by the
extent to which the proposal:
A. Accomplishes the intent of the
Planned Unit Development District set forth in Section 5.01, above; and,
B. Provides for the protection or
provision of the following site features and amenities:
1. Protection and preservation of natural site features, including, but not
limited to, slopes, streams, natural water features, wetlands and areas of
special flood hazard;
2. Protection and preservation of wooded areas, individual trees of
significant size, or other environmentally sensitive features;
3. Development of common open space and recreational areas (passive or
active) accessible to the residents or users of the PUD by way of sidewalks,
footpaths, walkways or bikeways;
4. Efficient utilization of the land, including the reduction of land area
disturbed for utility lines and motor vehicle access;
5. Creation of innovative residential and business environments;
6. Protection and preservation of important view corridors, and scenic
vistas;
7. Diversity and originality in lot layout or site design;
8. Utilization of individual building designs which achieve an enhanced
relationship between the development and the land;
9. Relationship to surrounding properties;
10. Conformance with the Comprehensive Plan; and,
11. Extent to which the development
proposed by the PUD can be developed under the general use districts of this
UDO, other than the PUD District, as a matter of right.
With that explanation completed, Mayor Sears opened the
public hearing to accept input in a joint public hearing with the Planning
Board. The following comments were
recorded:
John Classen,
Tom Spaulding, Spaulding & Norris representing the
applicant – Mr.
Spaulding said that Area B originally was townhomes; however, during the
preliminary plan approval of single-family homes instead, per Amendment
#02-PUD-01-A02, staff realized that the minimum lot size was still at 5,000
square feet. Mr. Spaulding added that
the change in the minimum lot size was a housekeeping item to match up with the
second amendment to Morgan Park PUD approved in March 2007.
There being no further comments, the public hearing was
closed.
Action: The Council approved a motion to forward Planned
Unit Development Amendment #02-PUD-01-A03 for Morgan Park to the
Motion By: VanFossen
Second By:
Dickson
Vote:
Unanimous.
8b.
Public Hearing: Ordinance 08-11,
(08-UDO-05), Off-Street Parking Regulations – Mr. Zawadski said staff is recommending making the following changes
to UDO Section 7.04, Off-Street Parking regulations:
Mr. Zawadski said a concern has been
raised a number of times by the development community and staff that the
current parking ordinance requires an excessive number of parking spaces for
home improvement stores and too few spaces for restaurants. Staff completed research of parking standards
from communities around the state and learned that the current UDO parking
requirements are not consistent.
Specifically, the research showed that
|
Use |
Current Parking Requirement |
Proposed Parking Requirement |
|
Hardware/Paint/Home
Improvement Store |
5 spaces / 1,000 SF |
3.5 spaces / 1,000 SF of gross floor area plus 1.25 spaces / 1,000 SF of area devoted to
integral garden center |
|
Restaurant |
1 space / 3 seats |
1 space / 3 seats, including bar area plus 1 space / employee on the largest shift |
The implementation of these
requirements would help to provide new development with the appropriate amount
of parking spaces, he added.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded: None.
There being no comments, the public hearing was closed.
Action #1: The
Council approved a motion to accept the following statements as true:
“The requested UDO Text Amendment
is consistent with the
Motion By: Dickson
Second By: DeBenedetto
Vote: Unanimous.
Action #2: The
Council approved a motion to adopt Ordinance #08-11 to approve and enact UDO amendment #08-UDO-05 to
modify the text of UDO Section 7.04 Off-Street Parking regulations.
Motion By: Dickson
Second By: DeBenedetto
Vote: Unanimous.
A copy of Ordinance
08-11 is incorporated into these minutes as addendum pages.
8c.
Public Hearing: Ordinance 08-12
(08-UDO-06) Outdoor Storage Regulations –
Mr. Jones
said staff is proposing a UDO amendment to the commercial zoning districts (LB,
CB, and GB) for outdoor sales and storage.
Staff is proposing to add additional requirements to clearly define what
is outdoor sales and storage within the commercial zoning districts. Included with the amendment is proposed
language that would define location, height, and amount of area to be used for
outdoor sales or storage.
Mr. Jones said the changes would add
to the town’s current regulations in the various business districts.
He said an objective – especially in
the Community Business zoning district – was to ensure that there would not be
outdoor retail sales in a parking lot.
Mr. Jones added that Ordinance 08-12
also would amend the definitions section of the UDO to clarify and add to
requirements for outdoor storage and outdoor display areas.
Councilman VanFossen asked if the
ordinance wouldn’t allow sidewalk sale of merchandise by a business. Mr. Jones said no that existing businesses
would not be affected.
Mr. Schifano said if the Council’s
intent is to protect existing businesses from having to resubmit plans with
designated storage/sales area that the ordinance text should be modified. He
said the proposed ordinance should be amended to add text to the effect,
“Section 4 shall not apply to any approved site-specific development plan prior
to adoption of this ordinance.”
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded: None.
There being no comments, the public hearing was closed.
Action #1: The
Council approved a motion to accept the following statements as true:
“The requested UDO text amendment
is consistent with the
Motion By: DeBenedetto
Second By: Dickson
Vote: Unanimous.
Action #2: The
Council approved a motion to adopt Ordinance #08-12, amended as recommended by the town attorney to
exempt businesses in existence prior to adoption of the ordinance from Part 4
of the ordinance, to approve and enact UDO amendment #08-UDO-06 to modify the
text of UDO Section 3.02, 3.05 and 3.06 Outdoor Operations and Section 11.02
Definitions.
Motion By: DeBenedetto
Second By: VanFossen
Vote: Unanimous.
A copy of Ordinance
08-12, as amended, is incorporated into these minutes as addendum pages.
8d.
Public Hearing: Ordinance 08-13
(08-UDO-07) Automotive Repair Regulations –
Ms. Huffman said
recently there have been requests for an amendment to the UDO defining major
vs. minor automotive repair. There is a
concern that too many of the repairs are being classified as major repairs when
they are truly minor in nature, she said.
As the UDO defines these two
separately, the only services that can be provided in the minor automotive
repair are tune-ups, oil changes, sales and installation of lubricants, tires,
batteries and other minor maintenance operations. Many of the businesses interested in coming
to town have more services than those classified in the minor automotive
definition, Ms. Huffman said.
She added that in the UDO there is
not a definition for a quick oil change facility. She said staff is suggesting the following
text as a definition for “quick oil change facility”: Operations that provided lubrication and/or
checking, changing, or additions of those fluids and filters necessary to the
maintenance of a vehicle. It is
anticipated that these services will be provided while customers wait.
. Ms. Huffman said there is terminology
in the Local Business Zoning District under the Special Exception Use category
of Automotive Sales & Service titled “Tire and
It is staff’s opinion that the term
“tire and auto service center” not be used.
It is important to keep the interpretations simple; therefore, there is
a proposal to add the definition of “quick oil change facility” and modify both
major and minor automotive repair, Ms. Huffman said.
Councilman VanFossen pointed out that
vehicle inspections were not mentioned but probably should be added to the definition
of quick oil change facility and/or minor auto repair.
Councilman Dickson pointed out that,
similarly, the service to provide windshield wipers, bulbs and fuses probably should
be added to the definition of quick oil change facility.
Councilman VanFossen said that, in his
mind, what differentiates the three types of service would be how long a
vehicle would be on site for repairs. To
that point, he said upholstory is listed in minor auto repairs, but it may take
a long time for that kind of work and maybe it should be included in major auto
repairs. “How long is a car going to be
at a particular place?” Councilman VanFossen said, is the question, and he
feels the definitions might be hard to nail down since there are so many types
of automotive repair work, and no definition could capture all the
possibilities.
Ms. Huffman provided a chart of how zoning
districts would be modified with the new definitions as proposed. The tables are below:
Zoning Districts
and the Uses CURRENT:
Zoning Districts and the Uses PROPOSED:
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded:
John Classen,
He said he was disturbed that property near him was rezoned
two weeks ago to Local Business when quick oil change facilities were not
allowed by right in a Local Business zone.
Two weeks later, the ordinance is potentially being changed to allow
them by right, and he feels it was not fair.
Matt Johnson, chairman of the Planning Board – Mr. Johnson said the Planning
Board, in differentiating between the auto service types, agreed that there was
cross-over, but the Planning Board thought that each definition built upon the
next.
There being no further comments, the public hearing was
closed.
Action #1: The
Council approved a motion to accept the following statements as true:
“The requested UDO text amendment
is consistent with the
Motion By: Womble
Second By: Dickson
Vote: The motion carried following a 3-1
vote. Councilmen DeBenedetto, Womble and
Dickson voted for the motion. Councilman
VanFossen voted against..
Action #2: The
Council approved a motion to adopt Ordinance #08-13 to approve and enact UDO amendment #08-UDO-07 to
modify the text of UDO Sections 3.02: Local Business, 3.05: Community Business,
3.06: General Business, 4.02 Light Industrial, 4.03 General Industrial, and
Section 11.02: Definitions.
Motion By: Womble
Second By: Dickson
Vote: The motion carried following a 3-1
vote. Councilmen DeBenedetto, Womble and
Dickson voted for the motion. Councilman
VanFossen voted against..
Action #3: The Council approved a motion to amend
Ordinance 08-13 to add the word “primarily” to the definitions and to add light
bulbs/windshield wipers and vehicle inspections to oil change facility
definitions. Womble/Dickson
Motion By:
Womble
Second By:
Dickson
Vote:
Unanimous.
A copy of Ordinance 08-13
is incorporated into these minutes as addendum pages.
9.
Consent Agenda: The Council approved a motion to
approve all items on the Consent Agenda.
The motion carried following a motion by
9a
Minutes –
The Council approved minutes of
the Council’s regular meeting held on
9b.
Green
9c.
Green Oaks Parkway Project – The Council entered into a contract with
Kimley Horn Associates in the amount of $215,000 for construction
administration services on the Green Oaks Parkway project. A copy of the Kimley-Horn and Associates contract
is incorporated into these minutes as addendum pages.
9d.
Landscaping Contract –
The Council renewed the town’s contract with The Brickman Group in the
amount of $37,740 for landscape services at Town Hall and in roadway medians
during FY 2008-09. A copy of the Brickman Group
contract is incorporated into these minutes as addendum pages.
9e.
Resolution 08-34 –
The Council adopted Resolution 08-34 opposing the potential repeal of general
statutes authorizing Powell Bill funds for use by municipalities. A copy of Resolution 08-34 is incorporated into
these minutes as addendum pages.
10a. Employee Opinion Survey
– Councilman Dickson explained that in
light of recent discussions about performance reviews, he feels this is a
perfect time for the Council to consider having a town employee opinion survey.
He
said the town’s employees are the folks who make the town organization
successful, and they are the ones who make things happen on a day-to-day basis. It is vital, Councilman Dickson said, that the
Council understands what the town’s employees find to be the positive and
negative aspects of working for the town.
Councilman
Dickson also noted that towns are constantly competing against each other, as
well as the private sector, for talented employees. The only way to know what makes
Councilman
Dickson said his recommendation would be to hire a firm to format the survey,
formulate questions and compile the results.
In addition to prepared questions, the survey should also have a free
text area where employees could provide additional comments, he said. When the results are in, senior management
would be responsible for preparing action plans to address key areas. The results of the survey also would be made
public.
The
councilman said surveys tend to have some standard questions regarding work
environment, recognition, compensation and benefits etc. He said he would suggest that there be
customized questions which address department and senior management’s
leadership. Furthermore, since the town
council drives much of the work that the staff does, it would be important that
employees have a reasonable level of confidence in the council’s leadership, so
he also would recommend that the survey include not only questions about the
town council as a whole, but also individual assessments of the mayor and each
council member.
Councilman
Dickson reported that a basic survey for a 200-employee organization would cost
approximately $3,600, according to The Jackson Group, which he found online. Some of the customization would increase this
cost.
“I
strongly recommend that we have staff investigate this and allocate the funds
to support it,” Councilman Dickson said.
He said it would be a good investment.
Councilman
DeBenedetto suggested also a peer group survey.
Action:
The Council approved a motion authorize the town manager to identify
funding and to research firms that could provide a web-based employee opinion
survey services and report back to council in August for consideration.
Motion By:
Dickson
Second By:
VanFossen
Vote:
Unanimous.
10b.
The
proposed agreement contains a new amendment regarding the irrigation of the
athletic fields.
The
funding would be as approved by the Council on June 17: the Town of
It
also is proposed by
Mr.
Bradley said that staff and the town attorney recommend that the Town not agree
to the irrigation limitation, but that irrigation be done at the
discretion of the Town of Holly Springs and its water use regulations.
Otherwise,
staff recommends approval of the agreement.
Action: The Council approved a motion to enter
into an interlocal agreement with
Motion By:
VanFossen
Second By: Womble
Vote:
Unanimous.
A
copy of the interlocal
agreement is incorporated into these minutes as addendum pages.
12.
Other Business: Councilman Womble asked if the
town had any property on which a basketball court could be placed. Mr. Simmons said he felt like the Town should
be able to identify some such property.
Lt. Revels reported that the police
department is holding a fund-raiser in honor of a young man who was an innocent
victim of a fatal shooting. Proceeds
from that event, he said, are planned to be used for building a basketball
court.
Councilman
Womble asked if there was a possibility that the Town could contact BFI to ask
about the possibility of acquiring the closed construction and demolition
landfill property for a park.
Mr. Schifano said he would initiate
such a contact.
Councilman Womble asked for an
update on Fire Station No. 3.
Chief Parker said staff hit the floor
running on July 1, purchasing furniture and a used fire truck from
Fuquay-Varina.
Councilman Womble asked if the town
could buy a new fire truck instead of a used one.
Chief Parker explained that the cost
of new fire truck would be about $320,000, but the used one was purchased for
only $2,500 plus costs of equipping the vehicle. He said he would be glad to buy a new fire
truck if the Council were to direct so, but he felt the used vehicle would
serve the town adequately as only a back-up vehicle. A current, newer vehicle would actually be
placed at Station No. 3, and the used truck would be put in service only when
needed.
At this time, Council DeBenedetto
voiced loud opposition to staff’s proceeding so quickly without first having
financing in place.
Mr. Holland reminded the Council
that it had given that direction on June 17 with a motion to proceed after the
budget year began July 1 and with the understanding that the budget amendment
would be presented on July 15.
Councilman DeBenedetto maintained
his position.
Councilman
Womble said, in light of county and state offices recently being found
negligent in spending public funds, he felt an audit of the town’s credit card
spending should be conducted. Mr.
Simmons explained that existing credit card policies call for three reviews by
graduated levels of management before payment, so inappropriate spending would
not be a problem for the Town.
Mr. Holland said all credit card
purchases are covered by policy and are closely monitored by the finance
department. He said it was not likely
that the Town would experience any of the unlawful spending that has been
reported on lately in county and state agencies.
Mr. Simmons asked if the annual
financial audit, which covers a credit card purchase review, would be adequate
to meet the Council’s concerns.
Mr. Holland explained that the
financial audit process includes a random sample of credit card purchase
files. These files drawn randomly from
the year’s activity are reviewed, and there have never been any questionable
purchases identified.
Councilman Womble alleged that he
had information to the contrary, but he declined to provide specific details.
Councilman
VanFossen spoke to give a vote of confidence for Chief Parker and Mr. Holland. He said he was not present at the Council’s
previous meeting but that he had no doubt that staff had acted according to
Council direction.
Councilman Womble agreed by saying,
“Amen.”
Councilman
DeBenedetto reported on the Wake County Growth Management Task Force June
meeting.
13.
Manager’s Report: Mr. Simmons reported on the proposed
four-day work week to be implemented for certain employee groups. The move, he said, was to see if a savings
could be realized. He reported on the
upcoming July 5 fireworks and music celebration.
14. Closed Session:
None
15.
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.