Board of Commissioners

TOWN OF FUQUAY-VARINA BOARD OF COMMISSIONERS REGULAR MEETING MAY 16, 2017 CALL TO ORDER Mayor John W. Byrne called the regular meeting of the Fuquay-Varina Board of Commissioners to order on May 16, 2017, at 7:00 p.m. Commissioners Present: Blake Massengill (Mayor Pro-Tem) Charlie Adcock Bill Harris Jason Wunsch Marilyn Gardner Commissioners Absent: None Others Present: Town Manager Adam Mitchell Assistant Town Manager Mark Matthews Town Clerk Rose Rich Town Attorney Mark Cumalander ****************************** INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Pro-Tem Blake Massengill gave the invocation and Police Chief Laura Fahnestock led the Pledge of Allegiance. ****************************** APPROVAL OF THE MINUTES The May 1, 2017, minutes of the regularly scheduled Town Board of Commissioners meeting, were presented for approval. MOTION: Commissioner Wunsch SECOND: Commissioner Adcock MOTION RESULT: Passed Unanimously (5-0) ****************************** PRESENTATIONS Agenda Item No. 4.A : Terrible Creek WWTP - Construction Status Report Town Manager Mitchell stated that the expansion of the Terrible Creek Wastewater Treatment Plant project (from 1 mgd to 3 mgd) is to date the largest capital expenditure that the Town has taken on in its history at a cost of $34 million. Public Utilities Director Jay Meyers gave an aerial video presentation on the progress of the construction of the expansion project. Mr. Meyers stated that the project is at the half way point for completion. To date, approximately 9,500 cubic yards of concrete have been poured, 900 tons of rebar has been set, 10 miles of conduit has been laid and 9,600 tons of stone has gone into the project. Mayor Byrne stated that this wastewater treatment plant is designed for future expansion from 3 mgd to a total of 6 mgd at this same location. Town Manager Mitchell stated that the State has acknowledged our plant’s progress and they are currently approving permits up to 3 mgd per day. Agenda Item No. 4.B : Downtown Mixed-Use Development Project - Draft Preliminary Design Presentation Town Manager Mitchell introduced Jordan Jones, Senior Project Manager for the Development Finance Initiative (DFI). During the past 12 months, Town Staff and DFI have been analyzing downtown properties and negotiating with property owners to assemble a downtown site suitable to create new infill mixed-use development opportunities to stimulate a vibrant walkable downtown Fuquay-Varina that will include retail, commercial and residential living. Town Manager Mitchell reported that in March, the Town Board approved funding to hire JDavis Architects to create conceptual design work for the Town on the 3.5-acre assemblage of parcels located in downtown Fuquay, along Main and E. Academy Streets. Concurrently the Town and DFI have been meeting with members of the Town Board, downtown merchants and downtown stakeholders to present and receive input on the preliminary designs options. Economic Development Director Jim Seymour stated that the presentation that will be made by Jordan Jones, Senior Project Manager for DFI, is a culmination of input received during meetings with the public, downtown merchants and members of the Town Board. Mr. Jones presented detailed information regarding the preliminary design and he stated that Scheme A proposes a new road that would bisect the project connecting Academy Street to Jones Street extension, with six stories of development along Main Street, and the retail/residential structure wraps a parking garage on two sides. Scheme B proposes only five stories, without the new road that bisects the project, and the retail/residential structure wraps the entire parking garage. Mr. Jones stated that DFI’s recommendation is to proceed with Scheme B which has lower density along Main Street, deeper and more contiguous retail space, more parking capacity, and it is the preferred choice of developers who are interested in the project. Board Discussion – Mayor Byrne added that there needs to be specific signage to indicate parking for retail customers and parking for residential use. Commissioner Wunsch stated that he feels that it is important to incorporate green space for the public use that would not compromise the profitability of the project. Town Manager Mitchell stated that a public green space may not be workable or doable for this project, but staff will explore other options for green space in the vicinity. Commissioner Gardner stated that in order to achieve a casual community feel, it is important to create wide enough sidewalks where people would want to linger. Commissioner Adcock stated that Scheme B is best; however, he did like the idea of breaking up the project with the new street in Scheme A. He recommends that the facades for retail space be broken up to look different, adding character to the project. Town Manager Mitchell further advised that if approved by the Town Board, the Town and DFI will next develop a Request for Proposals (RFP) document and prepare a public/private pro-forma to later be presented to the Town Board and seek approval to proceed with the RFP process. Upon receiving authorization to proceed, the Town will begin the process of soliciting an appropriate development partner(s) to execute the final design plans for project site. Once partnered with a developer, the final building design plans will incorporate existing downtown characteristics, the need for pedestrian green space, signage/wayfinding, public parking and infrastructure improvements to the project area. Recommendation – Approve the final design concept for the Fuquay-Varina Downtown Mixed-Use Project as presented and recommended selecting Scheme B. MOTION: Commissioner Gardner SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 4.C : 2017-2018 Fiscal Year Operating Budget and Five Year Operating and Capital Plan Presentation Town Manager Mitchell advised that on May 3, 2017 and May 9, 2017, the Governing Board heard a presentation from the Town Manager regarding the proposed FY 2017- 2018 operating budget for the Town. At those meetings, the Town Manager presented a balanced budget and five-year operating and capital plan and led discussion about the impacts of growth on human resource needs, facilities, and the prioritization of infrastructure projects. At the Town Board special called meetings, the Town Manager provided an in- depth presentation of the proposed FY 2017-2018 operating budget, in addition to presentations regarding the Town’s Five Year Operating and Capital Plan. It was reported to the Governing Board that a public hearing will be recommended for scheduling at the June 5, 2017 Town Board meeting as it relates to the proposed FY 2017-2018 Operating Budget. Town Manager Mitchell then reported that the proposed FY 2017-2018 Operating Budget totals $41.8-million. He stated that the proposed budget proposes no increase in the property tax rate, which is recommended to remain at 43.25-cents for every $100 in value. The proposed budget does include increases in water and sewer base rates and volumetric rates consistent with the Town’s 2016 rate plan and to allow the servicing of debt associated with the expansion of the Terrible Creek Wastewater Treatment Plant. Additionally, the proposed budget recommends changes to various charges and fees. Town Manager Mitchell then reviewed details of the proposed FY 17-18 operating budget to include recommended new personnel, capital equipment, capital projects, and special projects. Following his review of the proposed FY 17-18 Operating Budget, Town Manager Mitchell provided an overview of the Five Year Operating and Capital Plan. He advised that the plan is balanced without the need for a tax increase for the first two years, including the FY 18 budget. The plan includes the addition of personnel, capital equipment and capital projects to match the pace of growth and is consistent with the direction set by the Town Board at the Strategic Planning Retreat. The Five-Year Plan also takes into consideration the recommendation from various Town master plans and studies. Year three in the plan reflects the need for a possible three-cent tax rate increase to offset the expense related to the construction, personnel, and outfitting of a Fire Station No. 4. Additionally, the Five-Year Plan reflects the need for water and sewer base rate and volumetric rate increase in years two through four to offset the debt service and capital expenses associated with the Terrible Creek Wastewater Treatment Plant and various Preferred Growth Area infrastructure projects. Town Manager Mitchell provided a detailed overview of the personnel, capital equipment, capital projects, and special projects that are projected and proposed in the five year plan. Board Discussion – The Board favorably received the information provided by Town Manager Mitchell. Mayor Byrne stated that Wake County is looking at ways to invest in greenway projects and asked that the Town Manager look into the possibility of the Town leveraging local dollars with County dollars to participate in the County’s program and benefit the citizens of Fuquay-Varina. Recommendation – Schedule a public hearing on the FY 2017-2018 Operating Budget for June 5, 2017. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) ****************************** PUBLIC COMMENT No one chose to address the Town Board during the public comments period. ****************************** ITEMS TABLED FROM PREVIOUS MEETING: Agenda Item No. 6.A: Zoning Map Amendment - Corporation for Educational Partnerships DBA Southern Wake Academy - 5108 and 5122 Old Powell Road, 0 Spence Farm Road - PINs 0657377939, 0657383002 and 0657376492 - REZ-2017- 06 Purpose – To consider a requested zoning map amendment for a total of 21.992 acres, located at 5108 and 5122 Old Powell Rd and 0 Spence Farm Road, from the Residential Agricultural (RA) Zoning District and Residential Medium Density Conditional Zoning District (RMD-CZD) to the Office & Institutional Conditional Zoning District (O&I-CZD). The subject properties are also known as Wake County PINs 0657377939, 0657383002 and 0657376492. Request for Recusal – Commissioner Wunsch asked the Board to recuse him from any discussion and action on this matter as he represents Southern Wake Academy as their legal counsel. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Garner MOTION RESULTS: Passed Unanimously (4-0) Staff Comments – Town Manager Mitchell advised that the subject properties are currently within the Town’s Residential Agricultural (RA) Zoning District and Residential Medium Density Conditional Zoning District (RMD-CZD). The properties are currently the location of Southern Wake Academy and are also partially undeveloped. ZONING: The zoning map amendment petition requests approval of the Office & Institutional Conditional Zoning District (O&I-CZD). The O&I Zoning District permits institutional, office, and educational uses. The petitioner is requesting conditional zoning applicable to use of the subject property as follows: "Educational Facilities; School, Trade/Vocational; Day Care, Commercial; Churches; and Accessory Uses allowed in O&I". SURROUNDING USE: Surrounding properties are a mix of residential and agricultural uses. To the north and east is Springhill Subdivision, a residential neighborhood. To the west and south is agricultural and undeveloped land. LAND USE PLAN: The 2005 Land Use Plan calls for Medium Density Residential (MDR) and Low Density Residential (LDR) Classifications at the subject properties. The requested zoning district is not consistent with the land use plan. UTILITIES: Public water and sewer are located on-site of one (1) of the subject properties. Extension of public water and sewer to the two (2) other subject properties will be provided by the property owner/developer with future development. TRANSPORTATION: The subject properties have access onto Old Powell Road. Old Powell Road is a thoroughfare collector with two travel lanes within a 60-foot right-of- way. The 2006 Community Transportation Plan (CTP) does not designate any additional travel lanes. The site also has secondary access onto Kelly Creek Drive. Old Powell Road is a thoroughfare collector with two travel lanes within a 60-foot right-of-way. The CTP does not designate any additional travel lanes; thus, the current and future design capacity are both 10,000 average daily trips (ADT). The 2015 NCDOT traffic counts indicate current conditions of 520 ADT on Old Powell Road near the intersection with Wilbon Road, and 3,300 ADT near the intersection with NC 55 Highway. RECOMMENDATION: Staff and management are recommending approval of the proposed zoning map amendment. While not consistent with the land use plan, the request is reasonable and in the best interest of the public for the following reasons: 1) The subject properties are currently used for an institutional use. The requested zoning district makes use of the subject property a permitted use by right. 2) With adoption of the Land Development Ordinance (LDO), all of the Wake County Public Schools within the Town's planning jurisdiction were placed within the Office & Institutional (O&I) Zoning District. The requested zoning district will provide consistency with other similar uses. 3) The proposed conditions applicable to the subject properties provide for limited use of the subject properties, consistent with the current use. 4) Educational facilities are needed to support current and future residential development in the area. 5) While the requested zoning district is not compatible with the existing land use classifications of the subject properties, the request will provide for greater use compliance. Additionally, future development and improvement of the existing property will not require additional special use permits if the requested zoning map amendment is approved. Therefore, the request is considered in the best interest of the public. On April 17, 2017, the Planning Board unanimously recommended approval of the zoning map amendment finding it consistent with the land use plan and reasonable and in the best interest of the public for reasons identified by staff. The request was tabled at the May 1, 2017, Town Board meeting at the petitioner’s request to allow the petitioner additional time to hold a neighborhood meeting. The meeting was held on May 1, 2017, and the petitioner was available to provide additional information related to the neighborhood meeting. Public Hearing – Mayor Byrne opened the public hearing, and he asked if anyone wished to speak in favor of the proposed zoning map amendment. Mr. John Adcock, 202 E. Academy Street spoke in favor of the proposed zoning map amendment on behalf of the petitioner. No one chose to speak in opposition. Mayor Byrne closed the public hearing after no further public comments. Board Member Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation - Approve REZ-2017-06, a requested zoning map amendment for a total of 21.992 acres, located at 5108 and 5122 Old Powell Rd and 0 Spence Farm Road, from the Residential Agricultural (RA) Zoning District and Residential Medium Density Conditional Zoning District (RMD-CZD) to the Office & Institutional Conditional Zoning District (O&I-CZD). The proposed zoning map amendment is inconsistent with the land use plan; however, it is reasonable and in the best interest of the public for the reasons identified by staff. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (4-0) ****************************** PUBLIC HEARINGS There were no public hearings scheduled. ****************************** CONSENT AGENDA Agenda Item No. 8.A: Speed Limit Reduction - West Academy Street from Lawrence Street to Existing Town Limit in the Vicinity of 900 W. Academy Street - 45 mph to 35 mph Purpose – To consider giving concurrence to NCDOT to lower the speed limit on NC 42 West Academy Street from 45 mph to 35 mph. NC 42, West Academy Street is a NCDOT maintained street. NCDOT has received a request to lower the speed limit on West Academy Street from 45 mph to 35 mph. Since the portion of road under consideration is within the corporate limits of the Town of Fuquay-Varina, NCDOT has sent the request to the Town for consideration and a recommendation. Recommendation – Notify NCDOT of concurrence of the Town Board of Fuquay-Varina with the request to change the speed limit on West Academy Street from 45 mph to 35 mph, from Lawrence Street to the existing town limit in the vicinity of 900 W. Academy Street. Agenda Item No. 8B: Budget Amendment - Recognition of Funds - Wake County - Fire Department - $5,837.00 - BA-2017-39 Purpose – To consider approval of a Budget Amendment BA-2017-39 that recognizes funds from Wake County in the amount of $5,837 for the Wake County cost share of defibrillator replacement for the Fire Department. Recommendation – Approve Budget Amendment BA-2017-39 as presented and recommended. Agenda Item No. 8.C: Various Project Closures Purpose – To adopt Project Closure Ordinances for the following projects: North Sunset Lake Waterline Project NC 42 Sewer Pump Station Rehabilitation Project Holly Ridge Pump Station Rehabilitation Project Public Works Service Center Project Eastern/Western Parkway Project Wagstaff Road Bridge Replacement Project Herbert Akins Road Realignment Project Herbert Akins Road Realignment Project Closure Ordinance No. N-17-17 Wagstaff Road Bridge Replacement Project Closure Ordinance No. N-17-18 Public Service Center Project Ordinance No. N-17-19 Eastern/Western Parkway Project Ordinance No. N-17-20 NC Holly Ridge Pump Station Rehabilitation ProjectOrdinance No. N-17-21 North Sunset Lake Waterline Project Ordinance No. N-17-22 NC 42 Sewer Pump Station Rehabilitation Project Ordinance No. N-17-23 Recommendation – Adopt the project closure ordinances as presented and recommended. A motion was made to approve all items A-C listed on the Consent Agenda as recommended. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) ****************************** ADMINISTRATIVE REPORTS Agenda Item No. 10.A: Eastern and Western Parkway Renaming Purpose – To consider renaming the future Eastern and Western Parkways to Fuquay- Varina Parkway. Staff Comments – Town Manager Mitchell advised that in 2016, Wake County Planning and GIS notified the Town that with dedication and street improvements constructed for a portion of the Eastern Parkway in the South Lakes Subdivision, an official road name needs to be approved for the Town’s Official Street Names Master Registry. Based on the Town’s Community Transportation Plan, this parkway consists of two circular routes around the town, however, the names used in the plan are eastern and western parkways. Town Manager Mitchell advised that “Eastern” and “Western” are street directional names and cannot be used as the actual street name as per David Hunt, Senior GIS Analyst Wake County GIS. The Town is required to propose two official street names for the Eastern and Western Parkway. Town Manager Mitchell reported that in the spring of 2016 and again recently in 2017, the Town submitted a list of potential street names to the County to determine if they would be approvable names. The Town purposefully waited until now to revisit the renaming of Eastern and Western Parkways to coincide with the pending adoption of the Community Transportation Plan. The names approved and available for consideration are as follows:  Wilbon Station Parkway (Location of rail depot in the 1800's and early 1900's west of Fuquay-Varina)  Union Depot Parkway (Convergence of two (2) rail services - previously the Varina Union Station).  Twin City Parkway (Representative of the merger of Fuquay-Springs and Varina)  Fuquay-Varina Parkway  Veterans Memorial Parkway * Town Manager Mitchell further advised the Board to take note that if "Fuquay-Varina Pkwy" is selected, the official name in the addressing registry would require dropping the hyphen. Wake County Planning and GIS advise that the United States Postal Service does not use punctuation in their computer systems. As for the road signs themselves, the punctuation would be allowed. It should also be noted that the maximum characters for street signs is 13. The reason for this is that the sign blade is too long for one pole if the name is longer than 13 characters and therefore an additional pole may have to be installed to support the mounted sign. *If the Town Board selects "Veterans Memorial Pkwy", the Town would potentially bear the added expense. Town Manager Mitchell stated that depending on the name selected, the Town could be responsible for the added poles for which the signs are mounted. It is unknown at this time what that cost could be as it is unknown at this point exactly how many signs will be needed for the future parkway, however it is not expected to be significant. Board Discussion – Mayor Byrne stated that this project is for the long-term, and he commended previous Board’s for prior plans to construct Judd Parkway. Recommendation – Approve the renaming of Eastern and Western Parkway to Fuquay- Varina Parkway as presented and recommended. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) ****************************** OTHER BUSINESS A. Manager’s Report – (Mitchell)  Downtown waterline project in progress and on schedule  Land Use Plan and Community Transportation Plan will soon be presented to the Town Board for final approval.  Communications Director has been working on getting information out about the Balloon Festival and FAQ’s on the Town’s website.  Economic Development Director extremely busy with Downtown Mixed Use and working with the Big 4 to understand their plans.  Finance Department working on the budget and end of year preparation for the audit.  Human Resources working on budget, new hires and pay and classification study.  Inspections Department extremely busy with plan reviews.  Engineering Department, applied for grants on transportation and ancillary projects like sidewalks.  Parks & Recreation has been busy with the Balloon Festival, Fleming Loop Park upgrades, youth and adult athletics, senior programs and downtown landscape maintenance (which was recently transferred from the Public Works Department to Parks & Recreation).  Information Technology Department working on upgrades to public building security with badges, business analytics software and new improvements to GIS on the Town’s website. Finalizing NCDOT permitting for Phase 1B of the Fiber network project.   Public Works Department working on street resurfacing.  Police Department continues their work with public outreach and security at the Balloon Festival.  Fire Department working on facility planning, Balloon Festival safety, and has applied for reimbursement from FEMA from work done during Hurricane Matthew. B. Financial Quarterly Report – 3rd Quarter 2017 C. WRAL Freedom Balloon Festival – Fleming Loop Park – May 26-29, 2017 D. Zoning Map Amendment - Withers Ravenel - 508 Schnapps Lane - PIN 0658507668 - REZ-2017-08 - (FIRST READING) E. Zoning Map Amendment - Mauldin Watkins - 0 & 202 Wagstaff Road - PIN 0656728150 & 0656714997 - REZ-2017-11 - (FIRST READING) F. Zoning Map Amendment - Mauldin Watkins Surveying - 0 & 208 Pine Street - PINs 0666044741 & 0666044702 - REZ-2017-11 - (FIRST READING) G. Zoning Map Amendment - Mauldin Watkins - 414 Judd Parkway SW & 500 Fleming Loop Road - PINs 0656650334 & 0656555365 - REZ-2017-12 - (FIRST READING) H. Zoning Map Amendment - MA Engineering - 313 Railroad Street - PIN 0656991642 - REZ-2017-13 - (FIRST READING) ****************************** TOWN BOARD MEMBER COMMENTS Mayor Pro-Tem Massengill stated that he had no further comments or business to discuss. Commissioner Adcock stated that he was excited to see the construction and improvements that are being made in the Lincoln Heights neighborhood. He also stated that he was amazed that people found parking for the last Town concert although the parking lot was closed at the Arts Center. Commissioner Harris stated that he thoroughly enjoyed the Operation Coming Home ceremony this past weekend, and he hopes that these ceremonies will continue. Commissioner Wunsch stated that he enjoyed meeting some great Town historians: Mrs. Willa Adcock, Mr. Tim Carroll, Mrs. Shirley Simmons and Mr. Horace Tart, during the Heritage Day event at Ashworth Park. Commissioner Gardner stated that she will be attending the Mental Health first aid class for elected officials hosted by Wake Med, UNC and Rex Hospital. She stated that she will bring back information to the Town Board. Mayor Byrne appointed Commissioner Marilyn Gardner to serve on the Friends of the Museums. The Town Board agreed by general consent. He then reviewed upcoming meetings that he would be attending. He stated that he attended the 10th anniversary of the Children’s garden that’s been planted at Willow Spring Elementary School. He stated that the highlight of this past week was Operation Coming Home. ****************************** CLOSED SESSION The Town Board did not conduct a closed session meeting. ****************************** ADJOURN A motion was made to adjourn the meeting at 10:17 p.m. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) Adopted this the 5th day of June 2017 in Fuquay-Varina, North Carolina. FUQUAY-VARINA, NORTH CAROLINA John W. Byrne, Mayor ATTEST: (TOWN SEAL) Rose H. Rich, Town Clerk