Regular
Meeting
Dec. 15, 2009
MINUTES
The
Holly Springs Town Council met in regular session on Tuesday, Dec. 15, 2009, in
the Council Chambers of Holly Springs Town Hall,
Council Members Present: Councilmen Jimmy Cobb, Chet VanFossen, Tim Sack and Councilwoman Linda Hunt Williams
and Mayor Sears.
Council
Members Absent: Councilman Parrish Womble.
Staff
Members Present:
Carl Dean, town manager; Chuck Simmons, assistant town manager; John Schifano,
town attorney; Joni Powell, town clerk (recording the minutes); Linda Harper,
deputy town clerk; Drew Holland, finance director; Len Bradley, director of
parks and recreation; Kristen Denton, parks and recreation program manager;
John Herring, police chief; Cecil Parker, fire chief; Gina Clapp, director of
planning and zoning; Jeff Jones, senior planner; Laura Powell, Planner I; Josh Olmeda, IT technician; Mark Andrews, public information
officer; Elizabeth Goodson, development review engineer; Amy Moore, water
quality director; and Stephanie Sudano, director of engineering.
2 and 3. The Pledge of Allegiance was recited, and the
meeting opened with an invocation by Mayor Sears.
4. Agenda Adjustment: The Dec. 15, 2009 meeting agenda was adopted
with changes, if any, as listed below.
Motion By: Sack
Second By: VanFossen
Vote: Unanimous
Items Added to the Agenda: Recognition of local
champion athletes and cheerleaders.
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.
Sarah Hewitt, 425 Brightling Way –
Ms. Hewitt addressed the Council, asking the board to reject a development plan
for Sunset Lake Apartments, a development plan to appear later in the
agenda. She said she is concerned that
already heavy traffic congestion on
At this time, Mayor Sears introduced
Kristen Denton of the Parks and Recreation Department who introduced a number
of youngsters who recently competed and won various championship competitions
as part of the town’s parks and recreation programs.
In the sport of
Cheerleading, the Council recognized:
The Mighty Mites (ages 9-10) who were named champions in the large
division of their age group at the East Wake Football League Cheer Competition
held in Knightdale.
The Pee Wees (ages 11-12) who were named
champions in the small division of their age group at the East Wake Football
League Cheer Competition held in Knightdale. They also received the Best
Over-All award for earning the highest score among all squads (in all age
groups) that competed in the small division.
In the sport of Soccer, the Council recognized:
Both the 9-10 Girls and 11-12 Coed All-Star soccer teams who
competed in the State Wide Athletic Committee state soccer tournament in
Action: None.
6a. Public
Hearing: Rezoning Petition 09-REZ-02 – Mr. Jones said the
Town has initiated the rezoning of a parcel that would address two items that
have been of concern for Staff.
He said first, the property has had
abandoned railroad right of way absorbed into the larger tract. The area of the old right of way does not
have a zoning designation for that portion of the parcel and needs to have
zoning assigned. This rezoning would
ensure that the entire parcel is zoned.
Secondly, the parcel currently is
zoned R-10, and rezoning the parcel to R-MF-8 will correctly zone the parcel
for multi-family. A multi-family
building is located on the parcel and is consistent with the Village District
Area Plan.
Mr. Jones said in the past, under
the old zoning ordinance prior to 2002, R-10 allowed for multi-family projects
when this was built.
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 statement as
true: “The requested zone map change for this parcel from R-10 to R-MF-8 is
consistent with
Motion By:
VanFossen
Second By: Cobb
Vote: Unanimous
Action #2: The Council approved a motion to adopt
Rezoning Ordinance #R-09-04 to approve Zone Map Change Petition #09-REZ-02 to
change and set the zoning of 0.82 acres of Wake County PIN #0648899937 from
R-10: Residential and unassigned zoning to R-MF-8: Multifamily Residential as
submitted by Town of Holly Springs.
Motion By:
VanFossen
Second By: Cobb
Vote: Unanimous
A copy of Rezoning
Ordinance R09-04 is incorporated into these minutes as addendum pages.
6b. Public
Hearing: Ordinance 09-23 – Ms. Laura Powell
explained that in recent years, with three-car garages becoming more
commonplace, the Town’s maximum 20-foot-width driveway requirement has become a
hindrance to both homeowners and the builder community.
She said staff feels the proposed
revision would eliminate potential problems in the field; however, she said
staff would like to make a few minor adjustments to the language. She asked the Council to open and then
continue the public hearing.
With that explanation completed, Mayor Sears
opened the public hearing to accept input.
The following comments were recorded: None.
Action:
The
Council approved a motion to continue the public hearing to resume on Jan. 19,
2010.
Motion By: Sack
Second By: VanFossen
Vote: Unanimous
6c. Public
Hearing: Development Plan 09-DP-04,
She said the developer would be constructing
a public greenway that would ultimately connect to Sunset
Lake Commons shopping center as well as Wescott
subdivision, as adjacent properties develop.
Ms. Powell noted features of the
Sunset Lake Apartments site plan of interest, including landscaping, parking
and pedestrian design. She said the site
plan meets all the Town’s regulations.
She said the applicant is required
to provide design features, and the developer has chosen the following eight
design features:
Recreational opportunities are provided in
manner and amount which:
1. Exceed the minimum requirements of the
R-MF-15 district by at least 50% in area; are superior in design and layout
from minimum requirements and, are appropriate to the anticipated resident
profile of the project;
2. The project includes a community
building/clubhouse featuring four (4) or more common recreational facilities
including, but not limited to, a swimming pool, hot tub, tennis court,
basketball court, lounge area, multi-purpose room, game room, and the like
which as appropriate to the project;
3. Accommodations for trash collection
through the use of trash compactors which are comprised of similar materials as
the buildings, have a vehicular pull-off and are screened with landscape
material;
4. The provision of an another facility
(greenway) to encourage alternate means of travel, in an amount and design as
approved in connection with the development plan;
5. Provide perimeter landscaping which is at
minimum, two (2) times greater than the minimum required plant unit
value;
6. Provide a fenced pet run;
7. On-site area set aside as a car wash
facility, either covered or open, available to residents;
8. Provide a lounge area on each floor of the
buildings for social interaction between residents
She noted that, although the apartments would
be marketed to a senior market, any aged resident would be possible since fair
housing laws would prohibit any limitations based on age.
With that explanation
completed, Mayor Sears opened the public hearing to accept input. The following comments were recorded:.
Don Wiggins, 309 Boylan
Ave., Raleigh
– Mr. Wiggins spoke on behalf of the developer in support of the project. He said he felt extensive documentation,
plans, reports, etc. all meet the town’s ordinances, policies and long-range
plans.
He noted that Optimist Farm Road is planned
to be a 72-foot-wide median divided collector street, and the developer will be
building its portion of this roadway.
Mr. Wiggins also addressed specific design
features of the senior apartment site plan.
Councilwoman Linda Hunt Williams asked how
big the apartments would be.
Jim Buie, 4507
Edwards Mill Road, Raleigh – Mr. Buie estimated that the
apartments would range from 900 to 1,200 square feet.
Councilman VanFossen
said he had concerns about the traffic circulation within the development,
particularly as it would pertain to emergency vehicles. He asked if a fire truck could make the
driveway turns to get around all the buildings.
Ms. Sudano said the fire department had
reviewed and approved the plan but could review it again.
Sarah Hewitt, 425 Brightling
Way
– Having heard the comments tonight, Ms. Hewitt said she is more hopeful and
positive about the development than when she spoke earlier in the meeting. She asked, however, when she could expect
that Optimist Farm Road would be widened.
Council members explained that it would be
widened in pieces as development occurs.
She said she would like Holly Springs to stay
a small town, and the four-story building described seems that it might be at
odds with that hope.
There being no further comments, the public
hearing was closed.
Councilman Sack said he felt the market
effort toward seniors is a need in the community and the project strikes him as
being a quality project that would have no negative impact on the community or
the neighboring properties.
Councilman VanFossen
said he is not against the project, but he is still concerned about fire
trucks’ being able to negotiate the parking lot.
Councilman Cobb noted that tall trees and
topography of the site lend itself to four-story buildings, which would not
even be visible from Optimist Farm Road.
He said he did not think the project would have any negative impacts.
Councilwoman Williams added that she feels it
is important that there is a concentration of people sited near the Town‘s
commercial centers, and this project would meet that objective.
Action: The Council approved a motion to approve
Development Plan #09-DP-04 for Sunset Lake Apartments as submitted by George
Finch Boney and Associates, Project Number 08037, dated Revised
11/09/09 and 12/3/09 with the following conditions:
1.
Fee-in-lieu
of pump station upgrades will be required for this project.
2.
This
project will be required to meet the Town of Holly Springs NPDES Ph. II Post
Construction Stormwater Ordinance.
3.
Prior
to or with the 1st
construction drawing submittal, the following items are to be addressed:
a.
Road
improvements to Optimist Farm Rd. are ½ 74’ back to back with median. All
improvements are to be completed by the Developer at the time of construction
for this project. A fee-in-lieu will be allowed for both the median
construction and a portion of road improvements that cannot be constructed due
to the existing culvert. Note that a cost estimate for the total length of the
median construction as well as the portion of the thoroughfare improvements
that cannot be completed will be required with the first construction drawing
submittal.
b.
Provide
documentation of the Progress Energy Encroachment for this site (including
allowing the storm water BMP’s within the Progress Energy easement).
c.
A
plat recording all offsite easements and/or right-of-way needed to provide road
improvements and the required stopping and intersection sight distances for the
driveway must be dedicated.
d.
Provide
the required private drainage easements for all on site storm drainage and
Access Easements for all BMP’s on the construction drawings.
e.
Provide
the CLOMR or NO-Rise Certification.
f.
Submit the flood study for the non-FEMA
regulated stream on the project in accordance with Section 8 of the Engineering
Design and Construction Standards.
g.
Submit
the Preconstruction Notification (PCN).
This shall include but is not limited to all wetland, stream and State
regulated buffer impacts for road crossings, greenway trails and other
construction.
4.
Prior
construction drawing approval or the issuance of the Land Disturbance Permit,
the following items are required:
a.
FEMA
approval of the CLOMR/No-Rise Certification
b.
Flood
study approval
c.
Approval
of Storm water Management Plan
d.
Payment
of the Storm water Fee-in-Lieu
Motion By:
Sack
Second By: Cobb
Vote: Unanimous
7. Consent Agenda: The Council approved a motion to approve all items
on the Consent Agenda. The motion
carried following a motion by Councilman Sack, a
second by Councilman Cobb and a unanimous vote.
The following actions were affected:
7a. Minutes – The
Council approved minutes of the Council’s regular meetings held on June 16 and
Nov. 17, 2009 with a correction noted by Councilman Sack.
7b. Budget Report – The Council received a monthly report of
amendments to the FY 2009-10 budget approved by the town manager. A copy of the budget amendment
report is incorporated into these minutes as an addendum page.
7c. Resolution 09-43 – The Council adopted Resolution 09-43 to
approve and enact Development Procedures Manual text amendment #09-DPM-05
modifying Sections 1.03, 4.03, 4.04 and 6.06.
A copy of Resolution 09-43 is incorporated into these minutes
as addendum pages.
7d. Budget Amendment, $89,150
– The Council adopted an amendment to
the FY 2009-10 budget in the amount of $89,150 to record grant and matching
funds for Arbor Creek Greenway. A copy
of the budget amendment is incorporated into these minutes as an addendum page.
7e. Budget Amendment, $10,000
– The Council adopted an amendment to
the FY 2009-10 budget in the amount of $10,000 for ladder truck safety
upgrades. A copy of the budget
amendment is incorporated into these minutes as an addendum page.
7f. Budget Amendment, $500
– The Council adopted an amendment to
the FY 2009-10 budget in the amount of $500 to receive insurance proceeds. A copy of the budget amendment is incorporated
into these minutes as an addendum page.
7g. Audit Contract Amendment
– The Council approved an amendment to the existing audit contract, extending
the contract for an additional few days to complete testing.
7h. Main Street Enhancement Project
Contract Change Order #2 – The Council
approved Change Order No. 2 in the amount of $10,042 to the construction
contract for additional work in the Main Street Enhancement project.
7i. Well Abandonment Report
– The Council received a report of a contract entered by the engineering
department in the amount of $1,200 for well abandonment in the parking lot
project.
7j. Tree Care Report
– The Council received a report of a contract entered by the engineering
department in the amount of $896 for additional tree care in the parking lot
project.
8a.
Planning Board Appointment
–
Ms. Clapp said that Ms. Christine Boretti, an
in-town member of the Planning Board, has resigned due to personal
reasons. Her term was due to expire on
Dec. 31, 2010. The Town Council is asked
to fill the remainder of her vacated term.
Having reviewed the
applications, Councilwoman Williams nominated Amy Wazenegger. Councilman Cobb said he would second the
nomination.
Action: The Council approved a motion to appoint Amy Wazenegger as an in-town member on the Holly Springs
Planning Board to fulfill a vacated term expiring Dec. 31, 2010.
Motion By: Williams
Second By: Cobb
Vote: Unanimous.
8b. The Highland at Holly Glen Park and
Recreation Fee
–
Mr. Bradley said that the Town has received a request from Russell L. Ammons
III of The Highlands of Holly Glen, LLC regarding the development’s parks and recreation
fees that are due.
He said this developer currently is in the
stage of recording lots. As a part of
this process, he would be required to pay to the Town a fee of $904 per lot for
56 lots for a total fee of $50,624.
Mr. Ammons said
that he has been working with his bank to keep the neighborhood from going into
foreclosure since October 2008 and recently has worked out a deal to move
forward with the neighborhood. At this time, Mr. Ammons
said he does not have the funds to pay the parks and recreation fee, and he has
requested that he be allowed to postpone payment of the fee and for the Town to
collect the fee with the building permits from the builders.
He said the fee still would be paid in full
and be subject to any future increases until paid. If the fee cannot be deferred at this time,
Mr. Ammons said, his agreement with the bank will
fall through, and there is no way to know when the fee would be collected. Conversely, if the fee is deferred at this
time, the Town can be secure in knowing that the fee would be collected in the
near future.
After the situation was explained on Dec. 15,
the following discussion ensued:
Councilman VanFossen
asked the town attorney if there was any way the Council could go against
ordinance.
Mr. Schifano said that the Town’s ordinance
is very specific that fees be paid at time of plat recording. He said the Town Council can direct staff to
vary procedure; however, it may cause confusion later at the building permit
stage, and revenue may be lost if some of the lots inadvertently are not
charged the fee. He added that another
option would be that the Council could change the ordinance, and the change
would be applicable to everyone.
Councilman VanFossen
said the developer has paid three quarters of the fees due on the project, and
he was inclined for the Town to do what it could.
Councilwoman Williams pointed out that current
dire economic times might be reason enough to prompt the Town Council to make
exceptions to the rules.
Several facets of the argument were
mentioned, and Mr. Dean suggested that staff investigate options and bring the
request back to the Council on Jan. 5.
Discussion included the following points:
Ø There is not a
precedent of providing variance to fee procedures, outside a developer
agreement prepared in advance of a large subdivision;
Ø One option is to
change the ordinance, but the ordinance as written is more favorable to the
Town and provides more adequate cash flow for projects funded by the fees
collected.
Ø In this case and in
all other cases, if the collection of fees is done at plat recordation, the
Town gets a large chunk of money rather than individual small amounts per
building permit. This allows the Town to
make large credit payments on parks or transportation projects.
Ø Because of this,
staff is not in favor of changing the ordinance.
Ø The Town has parks
and recreation project obligations within the next 12 months, and requiring the
developer to pay fees as required at plat recordation would put the needed
funds in place.
Ø Conversely, if the
developer cannot afford to pay the fees, the Town will not get the fees at all
in any form.
Ø Mr. Simmons suggested
a temporary change in procedure, in light of the economic climate and still
recognizing the needs of the Town, making a change in the ordinance to provide
a waiver option on a case by case basis to be available to all developers and
with a sunset clause when the ordinance would go back to its original form
without a waiver provision. Mr. Simmons
suggested a 12-month provision.
Ø Councilman VanFossen said he would support a happy medium. He said he does not want to change the
ordinance, but Mr. Ammons has paid three-quarters of
the fees due on the project, and he wants to help him finish the project. He asked if there was any way to get that
done.
Ø The town attorney
said the Town could issue a promissory note, putting a lien on the property and
collecting the parks and recreation fee on the sale of each lot and releasing
the deed. He said the administrative
cost in time, effort and money would be such that he would actually prefer the
Council vary from the ordinance.
Ø Mr. Dean said staff
would review the request further and figure out some options
for the Council to consider on Jan. 5.
Ø Ms. Clapp noted that
the UDO includes a waiver provision for all sections of the UDO, including the
section pertaining to when fees are collected.
The town attorney said the Town Code, which includes a separate section
on the payment of parks and recreation fees, does not provide a variance
procedure, and it would supersede the UDO.
Ø Whatever is done, Mr.
Ammons said, the impact is not just to him and his
family – he said he may lose his own home if the Council cannot provide him
some relief – the builders and their construction crews will be impacted and
not only on the current 56 lots in this phase, but in the additional more than
100 lots in future phases that will not be built if he goes out of business.
The Council consensus was that it does not
want to change the ordinance, but it does want to help the developer finish up
the project.
Direction: Council directed that this request be tabled
to the Jan. 5 meeting.
8c. Water Tank Mixer Contract – Ms. Sudano said that
at the beginning of 2009, staff put in numerous requests for funding from the
federal government’s economic stimulus package – the American Recovery and Reinvestment Act (ARRA.)
She said Amy Moore requested one of the projects submitted – a solar
elevated storage tank mixer. This was
the single ARRA project awarded funding to date. The funding awarded was $75,000 – half as
“debt forgiveness” and half at 0% interest.
Ms. Sudano said the Town received
bids on this project in November and received one bid from Utility Service
Company, Inc. in the amount of $59,000 (under the estimated cost of $66,000.) This agenda item is for the purpose of
awarding the bid in the amount of $59,000 plus 5% contingency, totaling $61,950,
Ms. Sudano explained.
Action:
The Council approved a motion to enter a contract with
Utility Service Company Inc. in the contract amount of $59,000, plus 5%
contingency, for installation of a solar water tank mixer.
Motion By:
Sack
Second By:
VanFossen
Vote:
Unanimous
9.
Other Business: Councilman VanFossen reported that he would be directing a citizen
with a request about parks and recreation programs for developmentally
challenged adults to Mr. Bradley, who would take it to the Parks and Recreation
committee.
10. Manager’s Report: Mr. Dean reminded the Council about the staff
and Mayors Association Christmas parties; he acknowledged staff for work on
various holiday projects.
11. Closed Session: The Council approved
a motion to enter into Closed Session, pursuant to NCGS 143-318.11(a)(4) to discuss an economic development matter.
Motion
By: Sack
Second
By: VanFossen
Vote: Unanimous.
General Account
Closed Session – Dec. 15, 2009
In Closed Session, the Council
discussed with the Town Manager a number of ongoing projects that promise to
brighten the Town’s economic future. Mr.
Dean reported that New Hill Place is still on Target with plans to be submitted
in April; clearing of land in August; building pad construction in October and
an opening date of the Target store in October 2011.
He asked the Council if it would
support a third super street to serve the New Hill Place, if DOT were to
approve it over a jug handle or over-pass.
The Council said that it would support a super street at that location.
Mr. Dean reported that Rex was
moving forward with its plans for a facility in Holly Springs; he reported that
Novant Health was leasing space in Rosewood Center
for doctors; he reported that a major industrial prospect has had renewed
interest in Holly Springs.
In Closed Session, no action was
taken other than a motion to return to Open Session.
12. Adjournment:
There
being no further business for the evening, the Dec. 15, 2009 meeting of the
Holly Springs Town Council was adjourned following a
motion by Councilman Cobb, a second by Councilman Sack and a unanimous vote.
Respectfully Submitted on Tuesday, Jan. 19, 2010.
_________________________________
Joni
Powell, CMC, Town Clerk
Addendum
pages as referenced in these minutes follow and are a part of the official
record.
