[0:00] two.

[0:26] Wow. [clears throat]

[0:33] All righty, Madam Clerk. Are we clear? >> Yes.

[0:35] » All righty. Good evening, everybody. We will call this meeting to order and

[0:39] we'll begin the evening with a moment of silence where you can pray, meditate, or

[0:43] just enjoy a moment of silence to yourself.

[1:03] Thank you. If you'll please join me in standing for the pledge of allegiance.

[1:09] I pledge algiance to the flag of the United States of America and to the

[1:15] republic for which it stands, one nation under God, indivisible, with liberty and

[1:23] justice for all. Uh, thank you.

[1:33] » [laughter]

[1:36] » All righty, moving into the public comment portion of our evening. We have

[1:40] two people signed up. Uh, first person sign up is Mr. Joe Black. So, Mr. Black,

[1:45] you want to take the stand? I know you know the drill, but uh, set your name,

[1:49] your address, and your three minutes will begin when the clerk is ready. and

[1:53] just be sure to speak clearly into the microphone.

[1:56] » My name is Joe Black live 340 Howard Gap Road. Uh we'll speak about the dam under

[2:02] the bridge on 25 Can Creek. Um if we were able to remove that, it may have

[2:10] fish migrate up downstream. Um bushes along 25 special end of hired gap need

[2:17] to be trimmed. Uh impedes view of traffic. Uh I've been to other place

[2:23] they got blow bushes or trees on side road are trimmed way up where you can

[2:28] still see cars coming. Uh parking in the fire lane at the Engle

[2:33] store um can be a problem sometimes people to

[2:38] park there for a few minutes they say and so on. Um and phones while driving

[2:46] it's not improving. Um, do we need to put also ever

[2:52] intersection say here's a citation?

[2:58] Anyway, that's it for me. Uh, uh, the mural. Yes, we're coming off the

[3:03] mural. I understand. Uh, um,

[3:09] my memory is not very good. Sometimes I get nervous and I certainly forget.

[3:13] Well, uh, >> thank you. It's my list. Thank you.

[3:17] » Thank you, Mr. Black. All righty. Mayor, if you want to later,

[3:22] I can give I think I've emailed you an update, but

[3:26] » yeah, if you want me to mention under manager comments, remind me on that.

[3:30] » That'd be appropriate. >> All righty. The next person we got

[3:34] signed up is Miss Julia Fogle. >> So, just set your name, your address,

[3:39] and your three minutes will begin when the truck's ready.

[3:40] » Good evening. Uh, my name is Julia Fogle, and I live at 49 Overton Place.

[3:45] Um, and I do indeed my I'm going to read this to you all just so as you know I

[3:49] serve on the planning board but I'm here tonight speaking strictly as a local

[3:53] resident and a commercial property owner owner and taxpayer on the highway 25

[3:57] corridor. Our property was originally 6098 Hendersonville Road and now our

[4:02] property address is listed at on the GIS as Overton Place. There are two entry

[4:07] and exit points on Highway 25 from our property and our property is off

[4:10] opposite Blake Street Advanced Auto Parts and the Seasons at Cane Creek

[4:14] Apartment Complex. To give a bit of history, um more than 8 years ago, I did

[4:19] reach out to the NC DOT directly to request a traffic light. Uh since there

[4:23] was traffic concerns even at that time, our request was denied at that time.

[4:28] Today, that evaluation is completely obsolete. Um, and on our side, we have

[4:33] our primary home, a rental house, and four active commercial RV lots. Thanks

[4:37] to you all. Thank you. Opposite us, a new coffee shop, more apartments opening

[4:42] soon, and eventually a planned multi-use commercial space to be built in the not

[4:46] tooistant future, hopefully. Um, and currently, when exiting Overton Place

[4:51] onto Highway 25, we are trapped by general traffic traveling. It seems

[4:55] often well over 45 mph, which does include large 18-wheelers. At the same

[5:01] time, we must compete with heavy cross traffic emerging from Blake Street, the

[5:05] auto parts store, and the existing apartment complex seasons at Cane Creek.

[5:09] We also deal with drivers who seem to use the center turn lane as a third

[5:13] travel lane just to merge into traffic. Um, to make this quarter more dangerous,

[5:19] the land across the street is actively changing. While the front multi-use

[5:23] commercial space is not broken ground yet with buildings, it has been graded

[5:27] and the newly built apartments appear to be almost completely done. Um they

[5:32] they've recently added a a paved road on that property and that runs right into

[5:38] Highway 25. Hi. And so as a result, you know, I just

[5:42] noticed during a recent storm, all the water from that road that they've

[5:47] recently put there that they've paved, um it went all into 25. I don't know if

[5:50] y'all went through there, but it was it was a lot of water. Um, so it was um

[5:55] it's a lot of storm water that's running right to Highway 25 in front of the

[5:58] coffee shop in the existing apartments. And you know, I've lived here most of my

[6:02] life, grew up in Fletcher, and I've never seen that much water on Highway 25

[6:06] at that time. I know there was a large rainstorm, but still it usually would

[6:09] clear. Um, so I'm just very concerned about that as well. So, um, basically

[6:14] the NC DOT may review Highway 25 as a regional quarter, but the dynamic

[6:19] completely breaks Fletcher's plans for a walkable town center and a vibrant

[6:22] community. We cannot build a safe, walkable downtown on a high-speed

[6:27] commuter raceway. I asked this council to formally petition NC DOT for an

[6:32] updated traffic signal warrant analysis and a speed zone study to drop this

[6:36] quarter to 35 mph which to immediately conduct a code enforcement investigation

[6:42] into the developer storm water management. Thank you for your time

[6:46] consideration. >> Thank you.

[6:46] » Thank you. >> Thank you. Thank [clears throat] you.

[6:49] » And we could perhaps talk about that a little bit later as well. Some valid

[6:52] points there. Um, do we have anybody else signed up for public comments?

[6:57] Anybody else that wishes to speak in the public comment period?

[7:01] Okay. Hearing and seeing none, we'll close the public comment period and

[7:04] we'll move on to the approval of minutes. Uh, council any corrections,

[7:08] additions, or deletions to the minutes presented.

[7:11] If not, is there a motion to the uh uh to approve the minutes as presented?

[7:15] » No, I'll make that motion. >> Okay. A motion to approve the minutes as

[7:18] presented. Is there a second? >> Second.

[7:20] » Okay. A motion and a second to approve the minutes. Any discussion hearing?

[7:23] None. All those in favor of approving the minutes say I.

[7:25] » I. >> Those opposed. Okay. The motion carries

[7:27] and the minutes are approved. Moving on to updates from council. If there are

[7:31] any updates.

[7:34] All righty. Hearing and seeing none. Moving on to the consent agenda. Four

[7:39] items there. I will remind y'all we have item number five. Item number six by the

[7:43] purchase of a garbage truck and a street sweeper. Any questions, comments,

[7:47] concerns? All right. We have a motion to approve

[7:50] the consent agenda. Make a motion. There a motion to approve

[7:54] the consent agenda. Is there a second? >> Okay, we got a motion and a second to

[7:59] approve the consent agenda. Is there any discussion? Hearing none. All in favor

[8:03] of approving the consent agenda. Say I. >> Those opposed. Okay. The motion carries

[8:07] and the consent agenda is approved. Moving into our first discussion item,

[8:12] the public evidentiary hearing for the special use permit review for focus plus

[8:18] academy. Uh we have a screen. Okay. We will now open the evidentiary hearing

[8:24] for the focus plus academy. The applicant has requested a special use

[8:27] permit on the property located at 50 Library Road. The decision we made by

[8:33] some majority vote of the board. This hearing is a quasi judicial evidentiary

[8:37] hearing. That means it is like a court hearing. State laws and specific

[8:42] procedures and rules concerning how this board must make his decision. The

[8:46] board's discretion is limited. The board must base his decision upon competent,

[8:50] relevant, and substantial evidence in the record. The quasi judicial decision

[8:54] is not based on public opinion. It must be made in accordance with the standards

[8:58] set forth in the ordinance and grounded in the evidence presented. If you plan

[9:02] to speak as a witness, please limit your comments to relevant facts and

[9:05] applicable standards rather than personal preferences or opinions.

[9:09] Participation is limited. This meeting is open to the public. Everyone is

[9:13] welcome to watch. Parties withstanding have rights to participate fully.

[9:17] Parties may present evidence, call witnesses, and make legal arguments.

[9:21] Parties are limited to the applicant, the local government, and the

[9:24] individuals who can show that they have that they will suffer special damages.

[9:29] Other individuals may serve as witnesses when called by the board.

[9:33] General witness testimony is limited to facts, not opinions. For certain topics,

[9:37] this board needs to hear opinion testimony from expert witnesses. These

[9:41] topics include projections about impacts on the property values and projections

[9:45] about impacts of increased traffic. Individuals providing expert opinion

[9:50] must be qualified as experts to provide factual evidence upon which they base

[9:54] their expert opinion. Witnesses must swear or affirm their testimony. And at

[9:59] this time, we will administer an oath for all individuals who intend to

[10:02] provide witness testimony. So, anybody that includes the property owners,

[10:09] Tyler, anybody else that's going to speak?

[10:14] Good. All right. Right hand. Do you solemnly swear or affirm that the

[10:19] evidence you shall give to the board and this action shall be truth, the whole

[10:23] truth, and nothing but the truth? Welcome.

[10:26] All right. Thank you.

[10:37] All righty. The parties to this case are entitled to our impartial board. A board

[10:41] member may not participate in this hearing if he if she or he has fixed has

[10:46] a fixed opinion about the matter, a financial interest in the outcome of the

[10:50] matter or a close relationship with an affected person. Does any board member

[10:54] have any partiality disclose or refusal to offer? None. Okay.

[11:04] The parts of this case have rights for any exparte communication to be

[11:08] disclosed. Exparte communication is any communication about the case outside the

[11:13] hearing. That may include site visits as well as conversations with parties,

[11:17] staff, or the general public. Does any board member have any site visits to

[11:20] disclose? No. Okay. Does any board member have any

[11:25] conversation or other communications to disclose?

[11:29] No. >> Okay. Based on disclosures we've heard

[11:31] from the board concerning the partiality or exparte communications, does any

[11:36] board member Does any member of the board or any party to this matter have

[11:40] an objection to our board members participating in the hearing?

[11:45] Okay. Then the planning is only director Tom

[11:50] will introduce this hearing. Before you start, please confirm that you were

[11:53] sworn at the start of the hearing. Mr. Tyler was sworn and if not we'll

[11:56] administer this vote now. Tyler was sworn so we are good to go.

[12:02] » Thank you Tyler.

[12:26] You got it. There's a new monitor for driver.

[12:32] You got it. Yeah, you got it. Thanks.

[12:41] Here

[12:59] we go.

[13:05] Good evening, Mr. Mayor. Uh members of town council, I would like to formally

[13:09] submit my staff report and my presentation into the official record.

[13:13] Uh the town has received an application for a special use P permit from the

[13:17] Focus Plus Academy. Subject property is located at 50

[13:21] Library Road and is an existing uh church. It's the Fletcher uh or United

[13:27] Methodist Church. Uh the 3.9 acre property is on C1 General Commercial.

[13:32] The applicant proposes to operate uh Focus Plus Academy within two existing

[13:37] classrooms as a small middle and high school with a maximum enrollment of 25

[13:41] students. No exterior changes to the building, parking or site are proposed.

[13:48] Uh as the mayor mentioned, this is a quasi judicial review. The decision must

[13:52] be based on competent evidence presented during the hearing and the standards

[13:56] established in the land development code including compatibility, traffic, uh,

[14:00] parking, utilities, public safety, and impact on the surrounding properties.

[14:06] Uh, the property and the surrounding commercial corridor are all zoned C1.

[14:11] Uh, residential zoning is located farther from US 25 along Potit Street.

[14:16] Uh the site is also part of an established civic area that includes the

[14:20] church, uh Fletcher Library, Kate and Peaks Park. Uh schools are an allowed

[14:26] special use in C1. So therefore, no reszoning is required.

[14:32] Uh the top left image shows the existing interest um on the west side of the

[14:36] building that will be utilized by the proposed school. Uh the top right image

[14:40] shows the rear parking area that will be utilized by teachers, parents, and

[14:44] visitors associated with the proposed school. Uh the bottom left image shows

[14:48] the existing uh park located adjacent to the church providing a nearby

[14:53] recreational or open space amenity um if needed by the school. And then lastly,

[14:59] the bottom right image shows the existing signalized intersection that

[15:02] will serve as the primary access point for the site.

[15:07] So moving moving into the plan and the site plan um provided for this project.

[15:12] The school will occupy approximately 700 square ft of existing classroom space

[15:17] within the um church. No additions, grading, new impervious services or

[15:23] infrastructure improvements are proposed. Student drop off and pickup

[15:27] will separate um we'll have a separate circulation pattern from the preschool

[15:31] with staggered schedules to minimize conflict conflicts. uh 15 parking spaces

[15:36] are allocated to the school exceeding the minimum requirement of just two

[15:39] spaces. A traffic impact analysis is not required because the project is not

[15:44] expected to is is only expected to generate about 60 daily trips. School

[15:49] hours be Monday through Friday 8:15 to 3:45 with an early demiss dismissal at

[15:55] 1:45 on Fridays.

[15:59] Uh the proposal supports the land use plans um goal of expanding local

[16:05] educational opportunities while making efficient use of an existing community

[16:09] facility. Um although the property is within the

[16:14] town center business designation of the heart of Fletcher. Um Heart of Fletcher

[16:18] design review is not required because there are no exterior improvements,

[16:22] additions or substantial renovations proposed with this project.

[16:26] Uh lastly, the planning board reviewed the special use permit request at their

[16:30] July 21st regular meeting and voted 8 to nothing to recommend approval of the

[16:34] special use permit. I'm happy to answer any questions you

[16:38] all may have. And Jill Patterson with Folks Plus Academy is also here and I

[16:42] believe she has a presentation to provide y'all as well.

[16:47] Do we have any questions for Tyler >> here in CO? Thank you, sir.

[16:53] » Thank you. >> All right. We will now welcome the

[16:57] applicant to come up and present evidence in support of the request. As a

[17:01] reminder, evidence and arguments must focus upon the applicable standards. And

[17:05] then just before you begin, just state your name and your address for the

[17:09] record and your relation to the case.

[17:44] You probably

[17:50] I did this. >> All right, I'll let them set this up.

[17:53] » Yeah, take your time. You're you're all good.

[17:55] » Yeah, no worries. I'm Jill Patterson. My address is 1025 Brush Creek Road in Fair

[18:00] View

[18:04] and my IT department will get us online here shortly. [laughter] Thank you for

[18:08] your patience. I appreciate it. >> And then what's your relation to the to

[18:13] the case? So, I'm myself and my husband Steve Patterson were the founders of

[18:20] Focus Plus Academy. >> Perfect. Thank you.

[18:22] » Thank you. Let's

[18:27] do this way.

[18:45] I can't get you.

[18:49] » Yeah, >> I think we might be back to

[18:52] » I have no mouse.

[18:57] I'll show you.

[19:09] Good.

[19:17] Perfect.

[19:30] Stay there.

[19:56] There we go. >> Oh, there we go. Hooray.

[20:00] » Hang on. I don't know why it's in. That's good. Okay.

[20:05] All right. Like I said earlier, I'm Jill Patterson. my husband Steve Patterson

[20:09] with the founders of Focus Plus Academy. And first I just want to say thank you

[20:13] very much for allowing us to be here tonight, share a little information

[20:17] about the school, share some information about our permit application, and answer

[20:21] any questions that you might have. So, first I'd like to start with a little

[20:26] information about the school. We are creating this school for students

[20:32] like our son and other students like him who struggled in traditional classroom

[20:37] settings. These are students that typically find

[20:41] success and feel confident when the school's built for them and set up to

[20:46] support them. Specifically, the kind of students that we're going to

[20:51] be serving, they're bright and they're capable.

[20:54] Many of them have ADHD, executive functioning challenges, or autism.

[21:00] And what this looks like in a classroom are the kids who struggle to get

[21:04] started. They struggle with organization, managing their time,

[21:08] completing their work. When they get their work done, sometimes they just

[21:11] can't even get it turned in. It's just hard.

[21:15] Some key details about our school. We plan to be a low studentto staff ratio,

[21:19] five students to every one staff.

[21:23] When we launch in August, we plan to open for grades 6 through 9. And then

[21:28] we're going to thoughtfully and intentionally grow to grades 6 through

[21:32] 12. And on day one when we open, we're

[21:35] already approved by the state to accept the North Carolina scholarship funds for

[21:40] both the opportunity scholarship, which is the scholarship for financial need,

[21:45] and the ESA plus, which is based on disability. We can accept those funds

[21:49] from day one, which if you're not familiar with those, those scholarship

[21:53] funds when they're awarded to families, it helps them pay for private school

[21:57] tuition and other services. So if if families have been awarded those, in

[22:02] some cases either their tuition can be completely paid in full by those

[22:06] scholarship funds or significantly reduced. So that just opens up our

[22:11] school to that many more families and makes it available and accessible to

[22:15] families who really need it. How we plan to support students for

[22:20] success. Our school is designed to be a strength-based approach school. Our

[22:26] teachers will be trained in positive teaching techniques and that's across

[22:30] the board. They'll all be certified in the same techniques so that no matter

[22:34] which classroom the students in, they all hear the same language and they're

[22:39] worked with in the same way. Supports built into their school day.

[22:44] Core academics are aligned with the North Carolina grade level standards.

[22:47] Executive functioning skills are taught and practiced and not just expected. And

[22:51] life skills will be part of our curriculum.

[22:55] how we plan to be compatible and low impact with the community.

[22:59] We're going to have a maximum plan size at this location of 25 students and up

[23:03] to six staff. If enrollment, if people start asking about enrollment beyond

[23:08] that, we're going to cap at this location. So, we won't go over that.

[23:12] We'll be utilizing approximately 700 square ft of existing space in the

[23:16] church. We're not anticipating any adverse noise, glare, odor, or other

[23:21] negative impacts on the surrounding properties.

[23:25] We've completed our boat, both the fire and the health safety permits.

[23:29] We're projected to have low traffic volume and we've scheduled our drop off

[23:33] and pickup times to avoid overlap with Sunshine Preschool. So, there'll be a

[23:38] full 15 minutes between ours ending and their starting for any kind of pickup or

[23:43] drop off minimum. If you look at our site plan for that we

[23:49] um submitted with our application, our circulation plan will completely

[23:54] avoid anything that Sunshine Preschool is planning to use. So on the map here,

[23:58] Sunshine Preschool is operating in the front of the church and it's in red and

[24:02] they use that front circular drive for any kind of circulation that they use

[24:06] for pickup and drop off. We're proposing to to use the back of the church. So,

[24:12] our traffic will go all the way around to the back to drop off and pick up

[24:16] there and then come back out. So, it completely avoids that area.

[24:21] And we want to take a minute to go through the requirements for the nine

[24:23] special use permit criteria. If you look at the ingress and the

[24:28] egress, we're planning to use the existing driveway and the signal at the

[24:32] intersection. Traffic's limited and scheduled and our operating times are

[24:37] staggered with the preschool for parking and and impacts.

[24:42] The 15 parking places that are available to us in the back completely exceed what

[24:47] we need at this location given the amount of students we plan to have there

[24:51] ever. Utilities. We're using existing

[24:54] utilities, existing buffering. We're not proposing any new signs or lighting.

[25:00] We're using existing spaces, landscaping, and accessways. So, the

[25:04] outside recess time is going to be on church property.

[25:09] Buildings and structure. We're not proposing any changes. Our hours of

[25:13] operation are weekday daytime operations and we've submitted our required site

[25:19] plan. So, Focus Plus Academy feels that this

[25:23] is consistent with the current Fletcher land use plan. And if you look at the

[25:27] first goal of that being providing the citizens of Fletcher with a quality

[25:31] environment for living, leisure, activities, and work, you can see that

[25:35] through the fact that we're bringing in local jobs. will create jobs and

[25:39] employment as enrollment grows. It's a new educational option for the

[25:44] families of the community. We're accessible to as many families as

[25:48] possible by already being approved for the state scholarship program and being

[25:51] able to accept those funds. And this is an efficient reuse of space, making

[25:56] productive use of existing classroom space with no new infrastructure.

[26:00] Also, we're not anticipating any adverse impact on the community. You can see

[26:04] that there are limited size utilizing in existing infrastructure

[26:09] staggering our operations with the preschool completing our inspections, no

[26:13] exterior site changes. And based on these factors, we feel like the proposed

[26:18] use is not expected to adversely affect nearby residents, employees, public

[26:23] welfare, surrounding properties or public improvements. So given that we

[26:27] feel that our why this makes sense is that our proposal combines a needed

[26:31] community resource with smallcale operating plan that's compatible with

[26:35] the property and the surrounding areas. So with that we respectfully request

[26:41] that the city council approve our special use permit. We thank you for

[26:44] your time and we're happy to answer any questions.

[26:48] » Sounds good. Do we have any questions? >> Very thorough.

[26:53] » Yeah. Well done. Thank you. Thank you. >> All right. Does anybody else have any

[26:57] additional questions for the the witness? Any party withstanding?

[27:02] Do you all want to call anybody else to speak on your behalf? I'm assuming no.

[27:06] Okay.

[27:10] All righty.

[27:14] Does the board have any more questions for the parties or the witnesses before

[27:17] we move into deliberation? No. Good. All right. Does any board

[27:23] member have personal knowledge of additional facts relevant to the case

[27:26] that should be entered into the record? No. All right. Hearing no additional

[27:31] questions or presentation of relevant facts, the board will now begin

[27:35] deliberation. The evidentiary hearing remains open. So the board may ask

[27:39] clarifying questions if needed. As a reminder, this board is tasked with

[27:43] deciding if based on the evidence presented, this this proposal meets the

[27:48] applicable standards. This decision cannot be based on the personal

[27:52] preference of board members rather is based on standards and evidence and

[27:57] board members are encouraged to reference the applicable standards and

[28:00] specific evidence in a deliberation. For this particular case, the board is asked

[28:04] to decide does the record include competent, relevant and substantial

[28:08] evidence that the development is consistent with article 15.10

[28:12] and that all nine required criteria for the issuance of the special use per

[28:16] permit. All right. Now we need to make a motion to vote and board members just be

[28:22] sure to use the suggested motion for approval or denial of suggested

[28:26] approval. Um that part of you written by staff. Okay. I make a motion. I move

[28:34] town council approve the special use permit association with the

[28:38] petition finding that the proposed development is consistent with article

[28:42] 15.10 10 to all nine or all nine required uh criterias for the issuance

[28:49] of a special use permit has been met. Uh the development shall be constructed in

[28:54] accordance with the approved site plan. Okay, we have a motion for approval. Is

[28:59] there a second? >> I'll second.

[29:01] » Okay. Motion and approve. A motion and second for approval. Is there any

[29:04] discussion hearing? None. All in favor of approval say I.

[29:08] » I. >> Those opposed. Okay. The motion is

[29:10] carried and staff will draft and I will sign a final written decision to reflect

[29:13] the vote and reason for his decision. That written decision will be provided

[29:17] to the applicant and other parties with a right to such notice. Parties have 30

[29:21] days to approve this decision. Approved. Congratulations.

[29:30] All righty. Then moving on to discussion item number eight, the report on

[29:35] performance measures. I know we went over this last week, so maybe just

[29:39] » a very high high level. >> Uh so yeah, I I went over in depth the

[29:46] uh progress on our 6 months of activity under established uh performance

[29:53] measures and this is something that was established about a year and a half ago

[29:58] and it been some time since we had an update on it. So I wanted to uh

[30:04] basically went through summary data from all departments and you know unless you

[30:09] have any other questions on it. I I know there was a couple follow-up things. Um

[30:17] I think on one of the performance measures with uh public works on the

[30:23] fleet being completed, repairs on fleet maintenance.

[30:29] um and that was back on uh 90% of the fleet

[30:34] repairs being completed within 3 days of work orders submitted. We've had no

[30:39] problem achieving that. You see it was 99%. I did have a conversation with our

[30:46] um public works director and it's we feel still an attainable goal at this

[30:52] time or does not put an undue hardship on them u meeting that and if that

[30:57] changes you know we'll let you know and these will continue to be things that

[31:02] are um updated u and revised and again the whole point of this is just to stay

[31:12] on task to um maintain a high standard of performance in these services um that

[31:19] that our departments provide uh to the public to the town

[31:24] um and I think that was it any highle comments any questions

[31:33] comments very well done >> thank you yeah and I I commend them uh

[31:39] again back to some of the comments I made I I I I I'd like to think we

[31:45] maintain a high standard of service and this is just to kind of um stay on task

[31:51] but also demonstrate um uh some of the things that are happening in an

[31:57] efficient you know effective way. So and we'll continue to monitor this and

[32:02] revise it as needed and also feedback from you all and the public.

[32:09] » All right, sounds good. Oh, well done everybody on that. Uh, moving in to our

[32:15] final discussion item, the update on the Kang Creek Greenway extension project.

[32:19] Okay. So, last week I went over the uh revised timeline that Miguel Associates

[32:26] had provided and again uh we're going to be extending the greenway trail um

[32:33] leaving the park going west uh coming across the Fernle Leaf

[32:38] property and then going um under uh the Highway 25 bridge and coming up around

[32:46] and then continuing west along the Cane Creek. So on the that south side of the

[32:54] Cane Creek, um they've completed the concept on this. We're a little bit

[33:01] behind on some of the milestones to get this get through environmental review

[33:08] and design and then ultimately get this to bid. We've got the funding sources in

[33:13] place. Um but in order to do those middle sections there um we got to

[33:20] finalize some of the um either easement or property. And just just a quick

[33:26] update on that, we're we think we're pretty close with the uh we're trying to

[33:31] work on an acquisition piece with the Charlie Owen property. It's titled this

[33:36] Sorco property. So that's the the one right before the section of land that

[33:42] the town owns there across from Cumins. Um

[33:47] the uh I just sent back the final version. We had a whole bunch of

[33:52] comments suggestions from our engineering firm on it, but it's it's a

[33:56] little less than 3 acres of land. It will um keep an easement on there so

[34:03] that Mr. growing can get access to that for as long as he farms the rest of the

[34:08] property there um that that is being farmed. Some of it's in a kind of

[34:14] industrial use at that south end of it. Um so we're hoping we're very close on

[34:20] that. We we got to get that finalized before we can get approval on permits.

[34:25] And so that's what's holding this up a little bit. It just takes time going

[34:29] back and forth negotiating on this. But we think we're we're pretty close. I'm

[34:34] hoping in next if he's fine with that and there's no other changes maybe in

[34:39] next month coming back with some type of action about acquiring um that track

[34:45] that we need. Uh and then on the um Fernley side um talked to the

[34:51] administrator Mr. up low and they seem comfortable with it as it's surveyed

[34:57] right now and we'll be seeking an easement across there. Um, this first

[35:03] part of the project just uses that section across Fernle Leaf as a bid

[35:09] alternate. So, if our bids come in good, we have about an 800,000 budget right

[35:13] now. We'll try and do that section, but that may be done at a later time. We'll

[35:19] be getting that center section on the town property and Sorakco property um

[35:25] completed if bids come in fine all that. Um, and then on the schedule it once we

[35:32] finalize that, we're looking to get the environmental review done hopefully no

[35:37] later than October um final design by into the March

[35:45] realistically, excuse me, realistically probably into the November, December to

[35:50] finalize design, get that ready to be let for bid end of the year, first of of

[35:58] um of 2027 or January have that um bid out and then if you're comfortable with

[36:06] the final lowest responsible bid um we would move forward somewhere in the

[36:13] February March hopefully starting work on it and it shouldn't take a terribly

[36:19] long uh period of time to do it. It's fairly straightforward forward work of

[36:26] just establishing the trail and base. There's no paving. This is a soft trail

[36:31] at this point or gravel. And then the goal is to come back and ultimately with

[36:36] additional paving pave the whole area. So So that's that's kind of where we're

[36:42] at. I don't know if there's any questions about it.

[36:45] » We have any questions for more comments? Sure.

[36:49] » Well, thank y'all for for working on that and especially with such

[36:52] emergencies grant monies and you said we're safe with that. So,

[36:56] » and and we'd like to we're trying to move this along as quickly as possible.

[37:00] I I know that the timeline I submitted to y'all previously. We're we're behind

[37:05] on that and you know this is a suggested timeline

[37:09] » by our engineer that's probably realistic. Um, but anything we can do to

[37:14] accelerate or condense that down, we're trying to

[37:18] » move that forward cuz longer it takes, nothing gets cheaper

[37:23] to business. >> Well, excellent work by y'all. So, we

[37:27] appreciate it. >> Thank you.

[37:28] » All right, moving on to your town manager report.

[37:31] » Okay. Um, I mentioned last week on the Town Center project,

[37:38] uh, with Lewis Real Estate Group, um, they want to engage a a land planner to

[37:44] rea re-evaluate the site. They've started that process. They're work, um,

[37:50] they're working on getting a quote and then a budget and timeline for that. And

[37:56] we'll come back and present that to staff. And then at that point, we would

[38:01] be talking to you all about it if you're comfortable. Probably have them present

[38:06] to you. Um because if you do, if you move forward with that, we've got some

[38:11] other interests I'll talk about in a second here as well. Um, we'd probably

[38:17] have to do some type of at least formal engagement with them since they'd be

[38:22] expending a fair amount of money to basically update the uses and market,

[38:28] you know, likelihood for for the different things we'd like to see done

[38:33] on the property. Um, so they said in the next two weeks they have that together.

[38:40] So, we'll review review review at the staff level and then get that to you as

[38:44] as soon as we can. So, I don't know if there's any

[38:48] questions on that. And then we we've got a couple other entities um evaluating

[38:55] the site that I've mentioned. Um we're meeting with one Wednesday that wants to

[39:01] talk about a potential site plan. Uh and then another group um that's they

[39:08] haven't set up the meeting but they're and it's one that's got a like an anchor

[39:13] large anchor tenant but they they're trying to site plan all of our property.

[39:18] Remember it's 49 acres that we that's including the tract on Highway 25. So

[39:25] those are out there and we want to give them the shot to compete on this as you

[39:32] know we feel comfortable with concept and what they may need from the town and

[39:38] what they think they can do on the property. So um we'll keep these moving

[39:43] forward to you for your evaluation. >> Sounds good. Thank y'all for work on

[39:49] that. >> Yeah. Yep.

[39:51] Um and then uh I was last week I mentioned something about the library

[39:56] project and our efforts to you know re-engage with the county on it. Um

[40:01] again we're trying to work closely with them for a joint project to get this

[40:06] built on the town center property. Uh they have I've talked to you about a

[40:11] memorandum of understanding that they're working on. I'm waiting for that back

[40:15] from them. It it is in process. Um, I'm anticipating receiving that any

[40:22] time. They also have sent out a request for qualifications for an architect for

[40:28] the project and uh later this week I'll be meeting at a meeting where they'll be

[40:34] evaluating proposals that have been submitted. So, that's in process. That's

[40:40] good. We're making some progress there and um I'll keep you updated on that.

[40:45] Um, I know I mentioned last week a a traffic

[40:50] safety improvement issue. Um, the uh intersection there where Old Airport

[40:57] Road comes into 25 and the left turn movement into the Engles parking lot.

[41:05] Um, in the past we've had a lot of accidents there when it was just the

[41:10] flashing yellow. I don't know if we had any solid green movement. I think there

[41:14] was some some parts of the day a couple years ago sent him a bunch DOT a bunch

[41:19] of traffic data on that accident data to the police department put together

[41:25] um that helped to give at least a dedicated block of time where it was um

[41:34] use the incorrect traffic term for it but like a dedicated

[41:39] » um movement there solid green arrow as we would know But um that's helped but

[41:46] it's still as as we all know a difficult intersection to navigate and at times

[41:53] dangerous. So um we've re approached them again the traffic engineer there.

[42:00] They had asked for any more traffic accident data. Um police department has

[42:05] put that together and sending that to them or have sent that to them. um and

[42:11] you know waiting for their evaluation. I mean our preference for just public

[42:16] safety reasons would be to have that as you know dedicated

[42:21] » solid green. I mean there may be parts like late at night. Sure.

[42:25] » You know really early in the morning where it's safe with the flashing yellow

[42:29] but >> there's quite a few other times it's

[42:31] just >> the line of sight issues are are tough

[42:35] to navigate there and the speeds. So, um, so that's what's going on with that.

[42:41] And we just I know the police had just put that together. Um, and let's see,

[42:48] couple other things. The, um, y'all approved the, um, stream bank repair

[42:55] monies to try and fix that section that runs really close to our greenway there

[43:00] at the park. Um, the contractor has mobilized the site. If you've been in

[43:05] the park just recently, you can see all the rock that's there and they've fenced

[43:10] off the area. They had a um I wasn't at the meeting, but some of our staff was

[43:16] there last week um for like a pre-construction. They think once they

[43:21] get in there and start it, which I thought it was going to be this maybe

[43:24] the rains thrown it off and the water levels, but um about a week roughly to

[43:30] get that done. So, um, looking forward to getting that complete.

[43:35] Um, and then I didn't have this on the list, but in light of some of the

[43:39] comments, I'll just mention on the mural project. I think I emailed you all about

[43:45] this, but I talked to Karen E. Bane with Steep, the agency that's taking the lead

[43:50] on facilitating this. Um, she's had some communication with

[43:56] the land owner of uh the feed and seed building.

[44:01] um initially interest on it there. Um he does have some concerns about potential

[44:08] damage to the building uh if you you know attach even a vinyl

[44:14] um mural to it. So she's trying to um have a expert or someone she's used with

[44:23] brick and mortar to basically try and ensure that it can be done in a way not

[44:28] to damage the building and and preserve that. Um so she's trying to facilitate a

[44:35] meeting about that. Um and also just talking to anyone that you know can

[44:42] garner support for this. So that is in process with some communications with

[44:48] the land owner. Um and then the other site the by the foam and fabric. Um

[44:55] Karen has talked to the property owner. They're out of town. Um they had some

[45:02] interest but they wanted her to talk to the owner or operator of the phone in

[45:08] fabric building itself or the business. and she's in the process of

[45:14] communicating with them or trying to meet with them to um pitch the project.

[45:21] Um it it it is I don't know if you all remember it does encroach um public

[45:26] works was able to verify that that wall is at least part of it in DOT right

[45:32] away. There is a way to get that done. initially were no, but you can appeal

[45:38] that up the chain of command there. She had uh Karen's dealt with that with

[45:44] another project with DOT and was able to get that through and I I just offered

[45:48] any way the town can help and um submitting that up through DOT that we

[45:55] would do that. Um so that's kind of where we're at. Um

[46:01] again, anyone you know knows our property owner there at the feed and

[46:05] seed that um can speak to the merits of considering this is helpful.

[46:10] » Yeah. >> Um so same thing over at the phone

[46:14] fabric. That's that's their biggest challenge in getting these things done

[46:18] and off the ground is >> making sure the property owner is

[46:21] comfortable with it and they feel you know that their property is not damaged

[46:26] at all or enhanced too. I mean it it will be should be a nice you know

[46:32] aesthetic focal point type of thing. >> Yeah.

[46:36] » And perhaps in the event that neither of those locations work out we might ought

[46:41] to just have some other there's not a lot of other locations.

[46:45] » Not a lot. We had one I had someone suggest one the other day that maybe it

[46:50] might be a possibility. >> Okay. Yeah. Maybe just keep that back of

[46:53] them on in case >> or we put up a new building.

[46:57] » Yeah. building a mural building. Um, >> but yeah, that's kind of where we are.

[47:04] » Okay. >> What questions do we have for Mark?

[47:07] » I appreciate your work. >> Yeah, thank you.

[47:10] » I, you know, kudos to Karen Karen E Bane is working hard on this. So, and I

[47:15] appreciate her follow I I had on my list to contact her and she called me first

[47:20] last week. And then I'll just ask you in in

[47:24] reference to what Miss Balo brought up. I I didn't see any I didn't drive over

[47:29] there so I missed a runoff or whatever it could be. But that very well could be

[47:33] the case. But I do know some years ago we did try to reduce the speed limit

[47:37] coming through here, didn't we? >> We did.

[47:40] » I bring that up again with DOT. Uh it it and it you know it was in support of our

[47:47] town center efforts and we did all the uh streetscape or highway highway 25

[47:54] corridor lighting and redoing the sidewalks and brick and bringing the

[47:58] lanes in. Um and we asked at that time to consider

[48:04] uh lowering the speed limit. We were kind of put off by DOT and I

[48:08] understandably with I26 all opening up. >> Yeah.

[48:13] » Um so maybe they're in a place to be considering this again. So that's Yeah,

[48:18] I know. One of the things and I know there was storm water runoff. We can

[48:21] bring that >> Yeah.

[48:22] » to all the things that were brought up though are do D do D do D do D do D do D

[48:26] do D do D do D do D do jurisdictional >> it might be worthwhile to bring up some

[48:30] of those items. How does everybody feel about the speed limit piece? Do we have

[48:34] strong feelings about that? I I would be okay with a 35 justific.

[48:40] » Yeah. For this section, just thinking about our town center project, I mean,

[48:44] it it's going to happen eventually. They want to be safe as possible. So, I'm not

[48:47] opposed to making that. >> Yeah. I I think when I approached him

[48:52] years ago about it, like trying to go down to 35.

[48:56] » Yeah. Um, and I know it it's a bit of a hardship or pain for, you know,

[49:04] commuters coming through here, but you know, we're going to do this and do it

[49:08] try and do it as safely as possible, encourage

[49:11] » a higher level of comfort. Of course, if there's additional improvements done on

[49:15] 25 that >> make that safer, like rounded bouts,

[49:20] things like that, >> um, that helps. But no, we we've I I

[49:26] requested that of them several years back.

[49:29] » Sure. Um and then the last piece on that was there any traffic study done when

[49:35] the new apartments and the pending commercial piece on the front of the

[49:39] property? >> I don't know. I we can check with DOT,

[49:43] but I if it was required, it would be done. Yeah, it's based on the number of

[49:49] trips that are generated to the site. And I know it's an estimate.

[49:54] » Sure. >> Um once it goes over that threshold,

[49:58] then DOT requires a traffic impact analysis to be done. So I don't they

[50:04] might had to do one for the apartment building.

[50:08] » Okay. Um at this point probably not for the we have the cough

[50:15] the >> yeah

[50:17] coffee but >> I mean I know the rest there's a lot of

[50:20] other mixed use in there then that can trigger it but the one by itself

[50:25] probably I mean I I doubt it. I'm looking at Tyler, but I I would Yeah.

[50:31] » Yeah, >> I would doubt it.

[50:32] » The trigger is normally like 3500 trips. >> Okay. So, there's near an interchange,

[50:37] that's a trigger. If it's 3,500 trips or more, that's a trigger. And also, if um

[50:44] you're near a stiff project, a bridge, that's also a trigger that would not be

[50:50] close enough to trigger a tone for that size.

[50:58] » Okay. And even and I may be misspeaking on this, but even apartment complexes

[51:03] don't >> it's not constant. I mean, you'll have

[51:07] some peak periods of, you know, like rush hour

[51:13] » not as much as kind of the >> conjures up some of the comments out

[51:18] there. So, >> sure.

[51:20] » All right. >> I agree if we acquire about the 35 mph.

[51:23] » Yeah, I think we can at least inquire about that. Just give me a couple more

[51:26] seconds to dash out in front of somebody.

[51:30] [laughter]

[51:33] » All righty. Any other questions, comments?

[51:36] » All right. Any other business from council? All right. Do we have a motion

[51:40] to adjurnn? >> Motion.

[51:41] » Okay. Motion to adjurnn. Is there a second?

[51:43] » Second. >> Okay. Motion a second to adjourn. Any

[51:45] discussion? Hearing none. All in favor for journey say I. I. Those opposed.

Regular Meeting August 10, 2026

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