[0:03] Good evening. Good evening everyone. It
is great to see you. Thank you for
[0:06] joining us for our June town council
meeting. We appreciate you being here.
[0:10] We are going to go ahead and get
started. We are going to start out with
[0:14] our invocation by councelor Swan.
Thank you. Uh dear Lord, thank you for
[0:21] all this uh community that's come out
tonight and all the um diverse group of
[0:25] people, volunteers, staff, uh
participants and and residents that come
[0:30] together to make Nightdale such a
special place. Uh we ask that you be
[0:34] with the most vulnerable as they face uh
economic and political uncertainty and
[0:38] and the weather uh with this uh heat
wave. Uh grant us the vision, wisdom,
[0:42] and focus to make the best decisions we
can to make life better for everyone in
[0:47] Nightdale. Amen.
Amen.
[0:55] Next is our pledge of allegiance and
tonight we are pleased to be joined by
[1:00] members of the parks and recreation
coach pitch allstar baseball showcase
[1:06] teams. These teams consist of
exceptional players selected from across
[1:11] eight different parks and recreation
teams who participated in the 2025
[1:16] spring season. These 24 players were
selected by league coaches to form two
[1:22] teams who competed against one another
in the Nightdale Parks and Recreation
[1:26] Showcase Allstar Game on June 12th,
2025.
[1:36] [Applause]
[1:49] Straight out.
[2:07] Good job, guys.
[2:24] is a great great moment is to have our
youth here and to be able to celebrate
[2:28] them to let them know we appreciate them
and we're so proud of everything that
[2:33] they are doing. So, thank you again for
coming. Thank you for leading us in our
[2:36] pledge of allegiance.
[2:44] And next we have the adoption of the
agenda. Any changes to tonight's agenda?
[2:48] Questions, comments, or motion to adopt
the agenda as is?
[2:54] Motion to adopt. Second. All in favor?
Any opposed? Majority approves. Motion
[2:59] carries. We will go with the agenda as
is. Starting with our presentations,
[3:03] recognitions, and awards. Introduction
and oath of police officer Chief Caps.
[3:14] Good evening, mayor and council. I know
we've got a lot of these to get to this
[3:16] evening, so I'm going to do my very best
to be brief, but also make sure that I
[3:20] give due attention to uh this auspicious
occasion. Uh this evening, it is uh my
[3:25] extraordinary pleasure to introduce the
newest member of the Nightdale Police
[3:29] Department, uh Miss Teddy Kger. As she
is making her way to the podium with her
[3:34] friend Liz, I just wanted to say a few
words. She is no stranger to service.
[3:38] She has spent a number of years in the
United States Army as a military police
[3:42] officer holding the rank of sergeant.
She also has municipal law enforcement
[3:47] experience uh having previously served
in Virginia. And this evening, uh we're
[3:52] excited to swear her in officially uh to
join our ranks. And I believe Mayor,
[3:56] you're going to be helping us out with
this.
[4:19] And then repeat after me. I
do solemnly swear domly swear that I
[4:27] will support and defend that I will
support and defend the Constitution and
[4:32] laws of the United States the
constitution and laws of the United
[4:35] States and the Constitution and laws of
North Carolina
[4:42] and that I will faithfully discharge I
will faithfully discharge the duties of
[4:47] my office as police officer
[4:54] [Applause]
[5:00] [Applause]
[5:22] As everyone is making their way back to
the scene, I'm going to ask Teddy to
[5:25] hang tight with me for just a moment.
Uh, this is a very important charge that
[5:29] we make in the presence of these
community members, in the presence of
[5:32] your colleagues, in the presence of
these elected officials, that you always
[5:36] be allegant to the five rules. Our
mission is about other people. That is
[5:42] where our loyalty lies. Always be
mission-minded. Rule number two, never
[5:46] betray our core values. Our core values
are at the center of who we are. They
[5:51] identify the things that are most
important to us. So, always make sure
[5:54] that your behavior, your engagement with
other people is a reflection of those
[5:58] things. Rule number three, and this is
hard, tell 100% of the truth 100% of the
[6:03] time. It's not easy. It's not always
popular. And the truth even has
[6:06] consequences, but it's always the right
thing. Rule number four, remember this
[6:10] oath. The things that you promised that
you would do. By making this public
[6:15] promise, you uh you are pledging your
allegiance not to me, not to an
[6:19] individual, but to values, to ideals, to
principles that hold our constitutional
[6:24] republic together. And the rule number
five, just give everything your best
[6:28] effort. And I guarantee you that if
you'll do these five things, everything
[6:31] else has a way of taking care of itself.
The job can be thankless sometimes. It's
[6:36] not always easy, but it's always right.
We're proud of you, Teddy. Welcome
[6:40] aboard. Congratulations.
[Applause]
[6:48] [Applause]
[6:52] Thank you, Chief. We also have another
introduction of maintenance worker and
[6:58] storm water interns, Mr. Button.
[7:09] Good evening, Mayor and Council. I found
my jacket tonight. Um, I'm really priv
[7:14] uh privileged to be up here today to
introduce uh some new employees that we
[7:17] have. Um, some are with us for a short
period of time. Others are going to be
[7:21] with us for a long time. And so, Chris,
if you'll come up and introduce first
[7:26] our new maintenance worker. This is
Chris Webb. Uh, Chris and his wife, two
[7:30] kids, moved down from New Jersey. worked
at a small uh township up there in the
[7:34] public works department. He's got a lot
of experience and he's already hit the
[7:38] ground running really well. So, we are
very excited to have him on board. He's
[7:41] part of our grounds team working for
Jason Eubanks. And so, uh again, this is
[7:46] Chris. Chris, mayor and counsel.
Welcome. Don't go anywhere.
[7:54] [Applause]
Uh, one of the things that, um, I look
[7:59] forward to each summer is our, uh,
intern program. And, you know, we, this
[8:04] is our third year doing it. And, um,
each year
[8:09] we all learn something from them. And
hopefully we give them an opportunity to
[8:13] learn something about what we do. But uh
important what's important to me is that
[8:18] not only do we give them a little bit of
practical knowledge in the storm water
[8:21] field, we also introduce them to what
it's like to work for local government.
[8:26] And I think that that is something that,
you know, is a is a good thing because
[8:30] people should know what it's like to
work in this field. It's a good field.
[8:34] You have the opportunity to serve people
and I think that's great. So introduce
[8:38] my interns here this summer. I've got
Athena Tomlinson. She's from
[8:41] Pennsylvania. She's a senior at NC
State. She's majoring in the um
[8:46] environmental sciences program. And then
I have Caleb Ford. Caleb is from
[8:49] Morrisville, North Carolina. Also a
senior at NC State. He's majoring in
[8:54] biological engineering.
So yeah, again, they've done a lot of
[9:00] work for us already this summer. Very
excited to see what the rest of the
[9:03] summer will bring. So again, interns,
council, mayor, mayor, council, interns,
[9:11] [Applause]
[9:16] Welcome as well. Thank you, Mr. Button.
Next is introduction of transportation
[9:22] planner, Miss Goodman.
[9:35] Sorry. Good evening, mayor, members of
council. Uh tonight I'm very pleased to
[9:40] uh introduce you to Tucker Foley. He has
joined the development services
[9:44] department as our senior planner of
transportation. Uh he has previous years
[9:48] of experience on the private sector. Um
and he is an NC State graduate and holds
[9:53] a professional engineer license. Um so
we're super excited to have him join our
[9:57] team.
[Applause]
[10:01] Welcome as well.
[10:05] [Applause]
Welcome as well. Thank you, Miss
[10:08] Goodman. Next is introduction of
business support specialist, Miss
[10:12] Morris.
[10:17] Good evening, Mayor and Council.
I'm excited to introduce this evening
[10:22] Joshua Padet. I think you guys may know
him, have some idea of who he is. Josh
[10:27] has been with us for over a year and a
half. He came in as a community
[10:31] relations intern and now he is our
business support specialist. He is a
[10:35] graduate of App State. uh he has found
his way not only kind of navigating the
[10:41] landscape of Nightdale but also working
with every department and sharing his
[10:46] knowledge and experience and his big
heart with the community. So we're
[10:49] excited to have him as part of our team.
[Applause]
[10:58] Welcome as well. is we if we could have
all of the new employees come up.
[11:21] [Music]
[11:28] right over here.
[11:33] Good job. Good job. Good job.
[11:43] All right, look this way.
[12:05] Thank you.
[Applause]
[12:31] Welcome again. We are so glad to have
you. Thank you for choosing Nightdale.
[12:36] Uh here at Nightdale with our strategic
plan, one of the key pillars is
[12:40] operational excellence. And within
operational excellence, it starts with
[12:44] our people. And so we're always great
for these opportunities to add new uh
[12:49] great staff that are going to be able to
help and support come into that culture
[12:54] and to support the town of Nightdale. So
we appreciate it and we look forward to
[12:57] all the great things that you will do.
[13:03] Next is the recognition of advisory
board member Mr. Summers.
[13:26] Thank you, Mayor Day Council. Um, it's
one of those times we get to thank our
[13:29] advisory board members for their support
and their generosity and their
[13:32] volunteerism for our community. Sandra
volunteered on our veterans memorial
[13:36] advisory board for 21 through 24 and she
is no longer serving in that role. So,
[13:41] we're going to take a minute to thank
her, tell her that we love her, tell her
[13:43] that we're grateful for her service. As
most of you know, Sandra has served our
[13:47] community faithfully. Um, we're so
fortunate to welcome so many new faces
[13:51] to our community. Sometimes it's great
to just see a face that has raised a
[13:54] family and lived here forever. Sandra
has been a staunch supporter of our
[13:58] organization, our community, a longtime
participant on the two green thumbs
[14:02] garden club, as well as supporting the
town of Nightdale every endeavor. We
[14:06] have a simple gesture of gratitude for
you to let you know that your service is
[14:10] appreciated and not lost on us. Thank
you very much. Thank you.
[14:22] I forgot we do picture.
[14:35] No, just get
[14:59] one more deal. Look this way. Smile.
[15:11] [Music]
[Applause]
[15:27] Once again, thank you. Thank you so much
for giving of your time. We appreciate
[15:32] it. We appreciate everything that you
have sacrificed to give to the town of
[15:37] Nightdale and we hope that you feel that
appreciation as you leave.
[15:46] Next is our proclamations. First
proclamation recognizing Junth. Junth is
[15:53] a holiday celebrating the emancipation
of those who had been enslaved in the
[15:58] United States. On June 19th, 1865,
General Gordon Granger announced that
[16:04] slaves in Texas were free by order of
the president of the United States.
[16:09] Junth celebrates African-American
freedom and achievement, a day of
[16:13] liberation, resilience, and fortitude.
It is a time for reflection, reflection,
[16:19] rejoicing, assessment, and
self-improvement. So therefore, I,
[16:23] Jessica Day, mayor of the town of
Nightdale, do hereby proclaim June 19th,
[16:29] 2025 as Junth and declare that it shall
be formally recognized as a holiday in
[16:35] the town of Nightdale. Furthermore, I
call upon all residents to become aware
[16:40] of the significance of this celebration
in African-American history and in the
[16:46] heritage of our nation and our town.
[Applause]
[16:58] Next is our proclamation recognizing
Pride Month. The Nightdale strategic
[17:04] plan identifies the following five f
focus areas. Safe, connected, and
[17:09] inclusive, sustainable, active and
healthy, and organizational excellence.
[17:15] To achieve a connected and inclusive
community, Nightdale actively pursues
[17:20] the creation of a welcoming environment
for all and supports the rights of every
[17:26] citizen to experience equality and
freedom from discrimination. The town of
[17:32] Nightdale accepts and welcomes people of
diverse backgrounds and believes a
[17:36] diverse population leads to a more
vibrant community. Nightdale residents
[17:41] should be able to live without fear of
prejudice or discrimination and should
[17:46] seek opportunities that champion the
civil rights of all people. So
[17:50] therefore, I, Jessica Day, mayor of the
town of Nightdale, do recognize June
[17:56] 2025 as Pride Month and encourage all
residents to respect and honor our
[18:02] diverse community, and to participate in
relevant activities that build dialogue,
[18:07] strengthen alliance, and advance the
equal rights of all individuals.
[18:12] [Applause]
[18:20] And next is our public comment period.
This is a period for anyone here tonight
[18:26] who wishes to speak on an item that is
not currently on the agenda. If there
[18:30] is, you may come forward at this time.
[18:43] All right. If not, at this time, I'll
turn it over to our town clerk, Miss
[18:46] Smith, to share written comments we have
received.
[18:53] Good evening, mayor and members of the
council. We received two written
[18:57] submissions for tonight's public comment
period. Since you have all received the
[19:01] comments via email, I'll just briefly
summarize. Kendra Browning, 216 Main
[19:06] Street, expressed concerns about the
increase in speeding on Main Street and
[19:11] proposed a four-way stop at the
intersection of Main Street and 4th
[19:15] Avenue to make it safer for those
walking around Harper Park. We also
[19:19] received a comment from Kevin Carlson,
212 Main Street, who expressed concerns
[19:24] regarding speeding and the failure of
drivers to stop at the stop sign on Main
[19:28] Street, noting its proximity to the
park. Mr. Mr. Carlson requested a speed
[19:33] bump or an additional stop sign at the
intersection of 4th Avenue and Main
[19:37] Street. Um, I'd just like to note that
the full comments will be included in
[19:41] the official record of the meeting.
Thank you.
[19:47] Thank you, Miss Smith.
Next is reports on citizens inquiries.
[19:52] Are there any reports on citizen
inquiries?
[19:59] All right. If not, I'll move the consent
agenda. Any questions, comments on the
[20:03] consent agenda
or motion?
[20:07] I'll make a motion to approve the
consent agenda. Second. All in favor? I.
[20:12] Any opposed? Majority approves. Motion
carries. Next, we will move to our
[20:17] public hearings. Our first public
hearing, AN-2-25,
[20:21] Robertson Crossing annexation. Mr.
Lewis.
[20:31] Good evening and thank you mayor and
council. Great to see everyone tonight.
[20:35] Uh the first case that I have to present
to you all tonight is AN2-25
[20:40] which is the Robertson Crossing
annexation public hearing. Um this is a
[20:45] voluntary petition. It is would be
contiguous to the existing uh
[20:49] jurisdiction of Nightdale. The proposed
annexation is just over 190 acres um
[20:55] east of Nightdale Station Park and south
of the Nightdale Station neighborhood.
[21:00] Um it is currently agricultural or uh
vacant land. Um and the proposed use was
[21:06] recently approved um in April of 2025
for a 668
[21:12] uh lot residential development with 12
acres of commercial and mixeduse parcels
[21:17] throughout. Here's a look at that master
plan. Again, this was just updated um in
[21:22] the last few months uh to add about 2
acres to the site, but overall uh the o
[21:27] original site plan remains the same and
the annexation plat of the 900 or 190
[21:33] acres.
Um so, as I mentioned, it's a voluntary
[21:37] uh contiguous annexation petition. The
town clerk has certified the petition.
[21:43] Um and last month, the joint the public
hearing was set for this evening. All
[21:47] statutory requirements for the public
hearing have been met as well.
[21:52] We included a full breakdown of the cost
benefit analysis in our staff report and
[21:56] I'm happy to answer any questions um if
you have any about those numbers in the
[22:01] staff report. Um but here is a look at
just a a highlevel uh projection on
[22:07] that. One thing I'll note here is that
these numbers do not include any tax
[22:12] revenue that would be generated from the
non-residential parcels throughout. So
[22:16] this is just looking at the um
residential parcels in particular. Um so
[22:21] this would add uh the development of
those would add to the uh revenues as
[22:25] well.
Some other considerations that aren't as
[22:30] easily quantifiable in the plan or in
the annexation, but we feel it is
[22:35] important to point out um that this
annexation would make improvements to
[22:40] Marshall Drive. um upgrading that from a
paved road to a local street with curb,
[22:46] gutter, and sidewalk um and extending
utilities down Marshall Drive. Um there
[22:50] is about one mile of public and private
walking trails throughout, including
[22:54] pedestrian connectivity to Nightdale
Station Park and a pedestrian crossing
[22:58] over the railroad tracks that separates
the two sides of the site. Um so again,
[23:03] those aren't really quantifiable, but we
see them as benefits uh for this
[23:08] proposal. So happy to answer any
questions about the annexation if there
[23:12] are any. Um after receiving public
comment, our recommendation would be uh
[23:16] to close the public hearing and adopt
ordinance 25618-007
[23:20] [Music]
to annex the area.
[23:26] Right. Thank you. I'll bring it up to
council. Any questions,
[23:31] comments?
Okay. Thank you.
[23:37] This is a public hearing item. Is there
anyone here tonight that wishes to speak
[23:41] on this item? If so, you may come
forward this time. Mayor and council
[23:46] members, uh, my name is Beth Tyos. I'm
an attorney with Fox Rothschild and I'm
[23:50] here today on behalf of Robertson
Crossing and the Telly Communities. I
[23:54] have with me Brian Massingel, also
sorry, also with the telly communities.
[24:00] Um,
uh, just to ask for your support of the
[24:04] annexation petition. Um we've been
working very closely with your staff uh
[24:08] to compile a complete petition. Um and
as we promised as a part of our zoning
[24:14] um you know that we will be building a
community that we hope you will consider
[24:17] to be uh a a positive part of the town
of Nightdale. Um which includes our our
[24:23] commitment to uh work with uh the
railroad to create an opportunity for a
[24:28] railroad crossing for pedestrian access.
U we're we're hopeful that they will
[24:32] will be cooperative as we move forward.
Um but we would ask for your support of
[24:37] our annexation petition.
And I just wanted to confirm for the
[24:40] record, did you state your address? Oh,
I didn't. I'm sorry. It's uh 301
[24:46] Hillsboro Street in Raleigh.
Thank you.
[24:54] All right. Anyone else that wishes to
speak on this item, you may come
[24:57] forward. Just as a reminder, please
state your name and address. Be sure to
[25:02] have signed the speaker sheet and uh
comments are limited to three minutes.
[25:07] We do have a timer here. My name is
Santa Claus. I'm from the Oh, sorry.
[25:13] My name is Roger Howard. My address is
718 Sunline Drive. I wanted to begin by
[25:19] thanking you letting me come back. I've
spoken to this group a couple of times
[25:23] in the past. Um I wanted to mention two
things. Uh Kevin Lewis is a guy uh who
[25:30] sent this letter out uh couple weeks ago
to that got me here to the meeting. Uh
[25:36] and I've got great respect for him
because he does things the way he says
[25:39] he's going to do. Uh the second thing is
that I know another planner uh in my
[25:45] neighborhood and I like him too. He's
got a big dog. Uh so in any event, the
[25:52] what brought me out tonight is the map
that uh Kevin included on the back of
[25:59] this letter for the very first time
uh has highlighted in yellow
[26:07] my neighborhood Union Station in
Nightdale Station. And I went back and I
[26:12] looked at the original sketch plan and
all those other maps and on not a single
[26:19] one of them is Union Station
highlighted. And I wonder why you did
[26:24] that, Kevin, because typically planners
are they they do stuff for a good
[26:31] reason.
[26:35] And we can get the questions answered.
If you have specific questions, we can
[26:39] connect you with staff to get those
answers. Okay? We could take that
[26:42] comment now and then we could follow up
with the questions. So, we'll follow up
[26:45] later with the qu with the answers.
[26:51] Is there anyone else here tonight that
wishes to speak on this item?
[27:01] If not, thank you for your comments. At
this time, I'll turn it over to our town
[27:05] clerk, Miss Smith, to share written
comments that we have received.
[27:13] Thank you, Mayor Day. We did receive one
written comment for this public hearing
[27:17] item. Again, since you've all received
the comment via email, I'll just briefly
[27:21] summarize. Shannon Hardy, 606 Hartland
Flyer Drive, expressed opposition to
[27:27] A&2-25,
citing concerns about H Heartland
[27:30] Flyer's role as an egress for Robertson
Crossing. She also noted some traffic
[27:35] issues with Daly's Academy, Nightdale
station, and the lofts and the
[27:39] narrowness of current properties on H
Heartland. So, as mentioned earlier this
[27:43] evening, the full comment will be
included in the official record of the
[27:46] meeting.
Thank you, Miss Smith.
[27:52] bring it back to council. Any last
questions or comments?
[27:57] One one quick and maybe it'll come up in
the next um item on the agenda if there
[28:02] will be an opportunity to think about
construction traffic and construction
[28:06] traffic phasing. I think it may be more
uh dealt with in the development
[28:10] agreement. Um that's the next item
perhaps.
[28:14] That would be my only comment or
question.
[28:23] Um
did the highlighting have any hidding
[28:27] hidden meaning? Was there any new impact
to the neighborhood as mentioned? No. Um
[28:35] so
[28:38] um the parcels that are outlined in
yellow are the subject parcels for the
[28:42] annexation. The parcels that are shaded
in yellow or the uh darker yellow color
[28:49] are parcels that are already in town
limits. Um so because they are already
[28:54] in town limits, they are shaded that
yellow following the annexation if it is
[28:58] approved. Um and everything is updated
in Wake County IM apps, those parcels
[29:02] would also be shaded in yellow.
[29:10] Any others?
Um so and I guess you got the uh written
[29:16] comment as well. Um I did not understand
what it meant. So can you just clarify?
[29:22] Sure. So um there are no changes
proposed uh to Hartland Flyer Drive. Um
[29:30] that would be a point of connection as
we went through the resoning. We talked
[29:34] about that a lot um because it is a stub
street that fronts on this property. Um,
[29:39] so they are connecting to that, but
within the Nightdale station
[29:43] neighborhood, H Heartland Flyer Drive
will remain untouched. Um, I also
[29:47] mentioned Marshall Drive is going to be
improved. Um, you can see that kind of
[29:51] outlined on the the right hand side of
that page. So, in addition to H
[29:55] Heartland Fire Drive, Marshall Drive
will point would act as a point of
[29:59] ingress and ingress into the northern
side of this neighborhood. Um, and I was
[30:03] planning to also talk about uh phasing
and um uh other elements in the uh
[30:10] development agreement public hearing
next. So I'll get to that. Thank you.
[30:21] All right. Have no more other questions?
Is there a motion to close the public
[30:25] hearing? I'll make a motion to close the
public hearing and adopt ordinance
[30:28] 25618007
effectively annexing the area. Second.
[30:34] All in favor? I. Any opposed? Majority
approves. Motion carries. We'll move to
[30:40] our second public hearing item,
ZMA-16-22,
[30:44] Robertson Crossing Development
Agreement. Mr. Lewis. Great. Thank you
[30:48] again. Um, again, this is the public
hearing for the development agreement.
[30:52] So, the contract between the town and
the developer. Um, and these typically
[30:57] happen concurrently with the annexation.
Um, so again, this is 190 acres off of
[31:03] Robertson Street between uh the
Nightdale Station neighborhood. Um,
[31:08] south of and south of Robertson Street.
Uh, it was recently re reszoned to
[31:12] General Residential 3 and neighborhood
mixed use. Um, Beth with Fox Rothschild
[31:18] and the Tally Communities are here as
well uh for the development agreement.
[31:23] Um, so again, this is a look at the
current zoning uh that was approved for
[31:28] the overall development and nothing's
changed there. Um, to the north is the
[31:33] Nightdale Station neighborhood, Nightale
Station Park. Um, points south include
[31:37] the Harper Preserve development um and
uh some vacant or agricultural uses
[31:43] there as well.
So again, look at the master plan.
[31:47] Again, nothing's changed uh since the
master plan was updated last uh the in
[31:53] the last couple months. Um that was
approved in April. U construction
[31:58] drawings have been submitted for phase
one, which again I'll go over in just a
[32:02] moment. U and are nearing approval.
Following that, a CIP or construction
[32:07] improvement permit will be issued by the
town to allow for construction to begin.
[32:11] Um and then when it comes time, building
permits will be pulled as well.
[32:17] So the agreement includes a number of
different uh specifications within it
[32:22] including uh allocating water and sewer
utilities to the development. The
[32:26] phasing and term of the overall
construction of the site, the zoning
[32:30] conditions and some of the
transportation improvements. Um so this
[32:33] is compliant with the water allocation
policy. Again this hasn't changed. Um
[32:37] all of these requirements are being met
with the latest development. Um this is
[32:43] proposed to be developed in six phases.
Uh so the first three phases 1 A, 1 B
[32:48] and 1 C are south of Robertson Street
and south of the railroad. Um those
[32:53] phases would be developed first and then
the second three phases phases 2 A, B
[32:59] and C are north of the railroad and
adjacent to Nike station. Um at that
[33:04] time that's when Marshall Drive would be
improved as well. Um and those
[33:08] improvements would be required before
issuance of any building permits. um
[33:14] they would be required to make those
improvements there. The term of the the
[33:18] agreement would extend the vested rights
period from two years to seven years uh
[33:22] to 2032 to allow for full buildout of
the site.
[33:27] All of the zoning conditions um that
were previously approved would be
[33:31] carried forward, including the site
development allowances, the allowances,
[33:35] the architectural standards, the design,
the actual master plan of the site, the
[33:41] commercial use standards, um and the
transportation improvements. Um one
[33:45] thing I'll note when it comes to
transportation improvements is that um I
[33:50] mentioned Marshall Drive. There are also
other off-site transportation
[33:53] improvements that are required,
including u making safety improvements
[33:57] to First or to yes, First Avenue and uh
Fateville Street. Um not Fateville
[34:05] Street, Robertson Street. Um and that
would be required before again the final
[34:09] plat is approved unless any deviations
are approved by NC DOT. We're having
[34:14] those discussions. They are ongoing. Um,
so as those progress and before any
[34:19] final decisions are made, we'll be sure
to inform you all of that. As far as
[34:24] construction traffic goes, again with
Marshall Drive, other points um, uh, on
[34:29] Robertson Street uh, providing access to
the northern side of the site, um, we'll
[34:34] certainly continue to work with the
developer on that. U, but what I will
[34:38] say is that is a later phase of the
development. So, um, right now the
[34:42] timing of that is still undetermined.
Um, but as we get closer, we'll be able
[34:48] to share more details with you all.
So, again, happy to answer any questions
[34:54] about the development agreement. um if
there are any. But if not, our
[34:59] recommendation would be to close the
public hearing, approve the development
[35:02] agreement, and adopt ordinance
25-6-18-008.
[35:10] Thank you. Again, any questions,
comments?
[35:14] Just followup comment on construction
traffic. I know the northern site, you
[35:18] know, to have access off of Robertson.
The southern site has direct access off
[35:23] of Robertson, but north you'd have to
cross the railroad track. It would I
[35:28] would really really hope that at least a
temporary crossing could be established
[35:33] um you know maybe with signals or
something, but you know, not you know
[35:37] love to see a permanent crossing. I
think we all would. Uh but I think uh
[35:42] just continue um really pushing for that
and making sure that we're doing all we
[35:47] can to limit the amount of traffic going
through existing neighborhoods,
[35:50] especially construction traffic.
Certainly. Yes. And as Beth mentioned,
[35:54] we're trying to build that relationship
with the railroad company to allow for
[35:58] the pedestrian crossing and then also
hopefully um the uh the
[36:03] uh construction traffic crossing.
Any
[36:10] other?
Well, with that, if there I'll make a
[36:15] motion.
No, you're fine.
[36:20] Um, if there's no other questions or
comments for council, I will open the
[36:24] floor. This is a public hearing item as
well. If there's anyone here tonight
[36:28] that wishes to speak on this item, you
may come forward at this time.
[36:36] Mayor and town council members Beth
Treyo is just here to answer questions
[36:41] um with Mr. Masill so and ask for your
support. Thank you. Is there anyone else
[36:48] here that wishes to speak on this item?
If so, you may come forward at this
[36:52] time.
[37:05] Good evening. My name is Sharon Bulock.
I live at 626 H Heartland Flyer Drive.
[37:11] Um, I'm a little perplexed and my
question is, and I may have to go back,
[37:17] which you all can assist me if I miss
something.
[37:22] Um, I like to have a talk with our HOA
attorneys
[37:28] because of some internal questions that
we as, uh, my neighbors and I have.
[37:35] uh about the Heartland Street
possibly being widened or as you say
[37:43] there won't be any changes you said
right to the traffic pattern
[37:51] with machinery and cars and trucks
coming through there disrupting our
[37:57] lives.
So, I just want to know uh before you
[38:03] close this public meeting, this hearing
out, can we at least get a 7-day
[38:08] reprieve to have some dialogue with our
attorneys.
[38:18] And once again, so this is an
opportunity for us to hear your public
[38:21] comments, but if you do have questions,
we can get your contact information and
[38:25] we can get back to you with responses to
your questions. So we will we have your
[38:30] contact information. You've signed the
book with your contact information and
[38:33] we can get you connected with one of our
staff members and we can get some
[38:37] answers to you. Okay. I appreciate.
Thank you. Thank you.
[38:49] I'm Cindy Prow. We live at 5104 Marshall
Drive. So, we're right at that corner
[38:55] that they're talking about the for the
improvements. So, I guess our our main
[38:59] concern is um our water, our well, we
have well water and it's right
[39:05] around the corner real close to the the
other road. So, I I'm just hoping
[39:11] someone will be in contact with us as
things are moving along. So, we'll know
[39:15] what we're facing as far as if well has
to be redone or if we'll be able to hook
[39:21] into city water at that point in time as
they're making the improvements. So, I
[39:27] think that's our biggest concern.
[39:31] Thank you for sharing that as well. And
anytime you have questions, our staff is
[39:35] very responsive. So if you send any
questions in, they'll be able to help
[39:38] you.
And we can make sure that we get some
[39:42] contact information so you know who to
reach out to. Thank you.
[39:51] Anyone else here tonight that wishes to
speak on this item?
[39:58] All right. If not, then I will bring it
back to our council.
[40:03] Any questions or comments?
[40:09] Okay, I guess at this time I'll close
make a motion to close the public hear
[40:13] and approve development agreement and
adopt ordinance 25618008.
[40:19] Second. All in favor? I. Any opposed?
Majority approves. Motion carries.
[40:27] We close that public hearing and that's
the last public hearing of item this
[40:30] evening. Thank you for those that have
come this evening. I did want to
[40:34] reiterate typically during our public
hearing items, these are opportunities
[40:37] for us to hear, but we do want to make
sure that we answer your questions. So,
[40:41] we want to get your information so that
we can answer those later.
[40:48] Next is old business ZTA1-25
quarterly updates. Miss Goodman.
[41:06] Good evening again, mayors and members
of council.
[41:10] Uh tonight I have the last step for you
in our uh ZTA uh or quarterly quarterly
[41:16] amendments. Um if you recall last month
we had our joint public hearing and then
[41:20] the LAN use board heard this uh case at
their meeting last Monday.
[41:26] So, this text amendment has two focus
areas. Um, one is increasing the number
[41:31] of persons permitted at an inhome
daycare and then the second one is to
[41:35] align cross-section descriptions across
all town plans and policies. So, as you
[41:40] can see on the slide, chapters 3, 5, 10,
and 15 will sections of those chapters
[41:45] will be revised under this text
amendment.
[41:49] Uh, so as you recall, the joint public
hearing was held on May 15th. Um, we did
[41:55] hear from two inhome daycare operators.
They spoke in favor of the text
[41:59] amendment. They also shared their
personal experience with operating one
[42:02] of these facilities and shared
information on their current weight
[42:05] list.
Um, we also uh both boards, the town
[42:10] council and the lane use review board
had quite a few comments and questions
[42:14] about uh child care homes um and
standards in other municipalities. So
[42:19] tonight, I wanted to report back to you
what I've learned since the joint public
[42:22] hearing and share with you how those uh
proposed UDO changes have changed based
[42:28] on things that I've learned.
Um so first up, I wanted to say that um
[42:34] or just remind you that uh the current
UDO sets a maximum capacity of five
[42:40] children for inhome daycarees. Um the
town does issue a zoning compliance
[42:44] permit for inhome daycarees, but the
state is actually the licensing uh
[42:48] licensing agency. Um and that is
overseen by the division of child
[42:53] development and early education um
within the North Carolina Department of
[42:57] Health and Human Services. Um and they
have a current maximum of 10 children,
[43:03] but that can vary or be fewer uh
depending on the actual age range of the
[43:08] children enrolled in those programs. Um,
so while licensing home daycarees, they
[43:12] do consult the local municipality's
ordinance and only issues a license for
[43:16] what the municipality allows.
Um, so since the joint public hearing,
[43:21] I've had several conversations and
communications with a lead child care
[43:25] consultant who works for DHS. Um, and
she was very helpful and was able to um,
[43:32] kind of explain the state's regulations.
Um she also shared uh that many Wake
[43:37] County municipalities are actually
following the up to 10 rule right now.
[43:41] Um the ones who aren't, several allow up
to eight and then uh Nightdale and
[43:46] Carrie uh come in at the kind of bottom
uh with Carrie allowing six and
[43:51] Nightdale currently allowing five. Um
she also clarified that square footage
[43:55] and teacher ratios actually don't apply
to inhome daycarees. Uh they are only
[44:00] applicable to daycare centers more in
like a commercial operation.
[44:07] So, the elements of inhome daycarees
that the UDO currently regulates really
[44:11] are focused on zoning and compatible
land uses. Um, so things like hours of
[44:15] operation, overall maximum capacity, and
location of the outdoor play area and
[44:20] fencing requirements. Um, but as you can
see on this slide, I'm not going to read
[44:24] all them. The state of North Carolina,
they regulate a lot. um everything
[44:29] related to licensing, operations,
inspections, number of children allowed
[44:32] per age range, it all falls to the
state.
[44:36] So, we're just a small piece of the
overall operation of inhome daycarees.
[44:42] Um, so based on the feedback that was
provided at the joint public hearing and
[44:46] my discussions with the DHS employee,
um, we did make some text changes or
[44:52] proposing text changes that would remove
the reference to five or fewer for
[44:56] inhome daycarees and we would replace
that with a requirement that daycarees
[45:00] uh, comply with all applicable state of
North Carolina regulations, including
[45:03] maximum capacity restrictions. Um, this
would allow the number to fluctuate
[45:09] depending on state regulations and
wouldn't require additional text
[45:13] amendments in the future if the state
changes. Um, and we want to follow suit.
[45:17] Um, we also added language that
clarified that the principal daycare
[45:20] operator must be a full-time resident of
the dwelling. Um, it was alluded to in
[45:24] our ordinance, but we just kind of
clarified that language and that follows
[45:28] state requirements as well. Um, and then
also we added that one additional
[45:32] non-resident employee is permitted. our
current UDO is silent on that and in my
[45:37] discussions with the DHHS consultant. Um
she shared kind of different
[45:43] municipalities follow different uh
different ways um but if a ordinance is
[45:48] silent on it then an extra employee is
not allowed. So we um added that one
[45:52] extra employee would be permitted and
that actually follows um and is
[45:57] consistent with the UDO standards for
home occupations.
[46:02] And then next up, uh the second item, um
included in this text amendment is
[46:06] general infrastructure design
guidelines. This all falls under chapter
[46:09] 10 of the UDO. Um there's been various
changes to uh transportation and
[46:15] infrastructure over the years. We just
need to uh update the UDO chapter 10 to
[46:20] make sure that all of the plans, the
CTP, um the standard specification
[46:25] manual, the UDO, everything matches. Um,
so the text changes include
[46:29] incorporating uh two new crosssections,
which are the public utility alley and
[46:33] the local street with on local street
with on street parking. Modifying the
[46:37] text descriptions to make sure it
matches. Um, and then updating figures
[46:41] and graphics just so really just a way
to make sure everything's consistent
[46:44] across the board.
Um, so I also wanted to provide you with
[46:49] an update for or a summary of the land
use review board meeting that happened
[46:53] last uh last Monday on June 9th. uh they
did unanimously recommend approval.
[46:58] However, they did have a proposed
condition uh attached to their
[47:02] recommendation to increase the
non-resident employee allowance to two
[47:06] rather than one as presented by staff.
Um so as you all are well aware uh North
[47:14] Carolina general statute does require
the governing board to adopt a statement
[47:18] of plan consistency and reasonable
reasonleness of action. Um so tonight we
[47:24] have prepared this recommended advisory
statement for you. It says the proposed
[47:28] text amendment is consistent with the
night next v2 2035 comprehensive plan
[47:34] which serves as the foundation for
determining effective public policy that
[47:38] provides an ongoing framework for
informed and directed public investment
[47:41] and private development. Further, it is
reasonable and in the public interest as
[47:46] it aligns the town's unified development
ordinance with the North Carolina state
[47:49] regulations and clarifies community
design standards resulting in a more
[47:52] inclusive, safe, and livable town.
So, tonight, uh, staff's recommendation
[47:58] would be after reviewing the request,
make a motion to approve ZTA 1-25,
[48:03] adopt the advisory statement, and also
adopt ordinance 25618009.
[48:10] and I'd be happy to answer any questions
that you have.
[48:14] All right. Thank you, Miss Goodman.
Questions or comments? Just a point of
[48:18] clarification. Um, so the staff's
presented text amendment tonight does
[48:23] not include the two employees. It's the
one employee as written. It's one um it
[48:28] can also it can be amended depending on
the approval.
[48:33] Yeah. on that point is was that
additional person the caregiver um not
[48:38] just
for example a family member. It would be
[48:42] an additional caregiver of someone who
does not live in the residence and then
[48:46] they would have to meet that that
caregiver would also have to meet
[48:49] requirements that the state sets out age
and qualifications and everything. I did
[48:55] wonder if
you know sometimes with it depends you
[48:59] know but sometimes with 10 you know
maybe having that extra one maybe that
[49:03] is a good point. I wonder if we could
say up to I guess we would say up to two
[49:07] and if they most people maybe just want
one they would have to obviously pay
[49:12] this person so there's economic
consideration but um I would probably be
[49:17] okay with up to two.
I think
[49:22] I would probably come down on the side
of one since that's consistent with what
[49:28] we already allow for home businesses
of other types. Uh is that's what I
[49:34] heard in your presentation is the UDO
currently in in home business of any
[49:38] type one additional non-resident
employee is what we allow. Um, and so I
[49:44] I start to think about, you know, you've
already got additional impact on
[49:48] surrounding neighbors with traffic,
particularly with this one, you've got
[49:53] drop off pickup every day. Um, and then
you start to throw in, you know, the
[49:57] additional parking for employees. And I
I think I would argue for keeping it
[50:02] consistent with what we've already got
other for other uses.
[50:07] Yeah. And we could always come back and
revisit it if it's a I mean, just like
[50:10] we're doing now from what the ordinance
was. So I would be okay with that.
[50:20] Any more
or motion?
[50:25] All right. I will make a motion to
approve ZTA 125 quarterly updates. Adopt
[50:30] the advisory statement and adopt
ordinance 25618009.
[50:35] Second. All in favor? I. Any opposed?
Majority approves. Motion carries. Thank
[50:41] you again. And next we'll move to our
advisory board reports. Any reports on
[50:47] any of our advisory board meetings
or just so um veterans memorial advisory
[50:54] board met um they are working on a
presentation for um banners for living
[51:03] uh veterans. Uh that was important goal
for them was to honor them. Um, I just
[51:08] want to say I want to say I appreciate
Heather's work with them and I
[51:12] appreciate that they um worked to come
to a consensus. Uh, they had some
[51:17] differences of opinion and you know, I
was furiously taking notes so I'd be
[51:21] prepared to tell y'all what those
differences were and they came to a
[51:24] consensus and it all worked out.
[51:29] Thank you for that update. Any others?
Uh just quickly, uh last week we went to
[51:36] um Chapel Hill for our uh Vision Zero
annual U conference and we have two
[51:41] members of staff here tonight that
joined us there. Uh Mr. uh Button and
[51:46] and our assistant town manager, Mr.
Trip. Um I really appreciate their time
[51:50] as well as others that attended. Um it
just shows our commitment to safety and
[51:54] and making sure that we make traffic
improvement safeties along our our
[51:59] roadway safety improvements for all
users. us. I really appreciate uh their
[52:04] commitment and the town's commitment to
vision zero.
[52:11] Thank you for that as well. Uh not an
update, but just want to thank parks and
[52:15] wreck as well as the community relations
department and all the other staff
[52:19] members, especially KFD and KPD who uh
definitely did an amazing job at the
[52:27] African-American festival this past
Saturday. It was wonderful. um a lot a
[52:32] lot of compliments to the town and the
staff on how well of a job they did and
[52:37] how much everyone enjoyed the the
festival, the African-American festival.
[52:41] So definitely want to say thanks to
everyone who participated in that helped
[52:44] and pull that together. So thank you.
Thank you for that. I agree as well.
[52:54] Any others?
[52:59] All right. If not, then that comes to
the end of the meeting tonight. So, may
[53:03] I have a motion to adjurnn?
So, moved. Second. All in favor? I. Any
[53:08] opposed? Majority approves. Motion
carries. We stand adjourn. Thank you for
[53:14] joining us for our June town council
meeting. Have a good evening.