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Page 1 Morrisville Town Council Regular Meeting August 27, 2019, 6:00 pm Town of Morrisville Mission Statement: - Connecting our diverse community to an enhanced quality of life through innovative programs and services. Public Address - Comments from the public will be received at 6:30 p.m. for a period of up to 30 minutes. A signup sheet is located in the Town Hall Lobby for those who wish to speak during the Public Address Section. 1. Call to Order 2. Recognition of Sergeant at Arms Lieutenant Tim Hendrickson - Lieutenant Hendrickson is a 20-year veteran of the Morrisville Police Department and an Army veteran. Recently, Lieutenant Hendrickson filmed a PSA for NCDOT’s Rail Division on railroad safety. 3. Invocation - Invocation by Town Attorney Frank Gray 4. Pledge of Allegiance 5. Adoption of Regular Agenda - Call for any conflicts of interest in relation to the proposed agenda. 6. Consent Agenda 6.a. Ordinance 2019-203-0 to Amend an error found within Ordinance 2004-158 of the Morrisville Town Council pertaining to the extension of the Town of Morrisville corporate limits Eric W. Smith II, Town Clerk Action - August 27 2019-203-0 Peak Supplement.pdf 2019-203-0 Ord Amending Ord 2004-158.pdf 2019-203-0 ATTH01 ORD 2004-158 SO.pdf 6.b. Approval of July 9, 2019 Town Council Meeting Minutes Eric W. Smith II, Town Clerk

Morrisville Town Council€¦ · ☐ Obj. 6.4 Maximize partnership opportunities with the Morrisville Chamber of Commerce, regional and educational partners ☐ Obj. 6.5 Develop an

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Page 1: Morrisville Town Council€¦ · ☐ Obj. 6.4 Maximize partnership opportunities with the Morrisville Chamber of Commerce, regional and educational partners ☐ Obj. 6.5 Develop an

Page 1

Morrisville Town Council Regular Meeting August 27, 2019, 6:00 pm

Town of Morrisville Mission Statement: - Connecting our diverse community to anenhanced quality of life through innovative programs and services.

Public Address - Comments from the public will be received at 6:30 p.m. for aperiod of up to 30 minutes. A signup sheet is located in the Town Hall Lobbyfor those who wish to speak during the Public Address Section.

1. Call to Order

2. Recognition of Sergeant at Arms Lieutenant Tim Hendrickson - LieutenantHendrickson is a 20-year veteran of the Morrisville Police Department and an Armyveteran. Recently, Lieutenant Hendrickson filmed a PSA for NCDOT’s Rail Division onrailroad safety.

3. Invocation - Invocation by Town Attorney Frank Gray

4. Pledge of Allegiance

5. Adoption of Regular Agenda - Call for any conflicts of interest in relation to theproposed agenda.

6. Consent Agenda6.a. Ordinance 2019-203-0 to Amend an error found within Ordinance 2004-158 of the

Morrisville Town Council pertaining to the extension of the Town of Morrisvillecorporate limitsEric W. Smith II, Town ClerkAction - August 272019-203-0 Peak Supplement.pdf2019-203-0 Ord Amending Ord 2004-158.pdf2019-203-0 ATTH01 ORD 2004-158 SO.pdf

6.b. Approval of July 9, 2019 Town Council Meeting Minutes Eric W. Smith II, Town Clerk

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Action - August 2720190709M.pdf

6.c. Approval of July 23, 2019 Town Council Meeting Minutes Eric W. Smith II, Town ClerkAction - August 2720190723M.pdf

7. Presentations7.a. ERP System Replacement Update

Nancy Emslie, Finance Director and ERP Project Management Team MembersTownCouncil-ERPProjectUpdate-27AUG2019.pdf

8. Administrative Report8.a. Land Use Plan Work Session Follow-up - Town Center Subarea

Brad West, Senior Planner

9. Public Hearings9.a. Consideration of Text Amendments to the Unified Development Ordinance Related

to Payment in Lieu of Construction of Public Street Improvements:

1. Resolution 2019-106-0 of the Morrisville Town Council Pertaining to the Adoptionof a Plan Consistency Review Statement for Text Amendments to the UnifiedDevelopment Ordinance Related to Payment in Lieu of Construction of Public StreetImprovements (AMN 19-02)

2. Ordinance 2019-106-0 of the Morrisville Town Council Approving TextAmendments to the Unified Development Ordinance Related to Payment in Lieu ofConstruction of Public Street Improvements (AMN 19-02)

Ben Howell, Long Range Planning ManagerBrief - August 13Public Hearing/Action - August 27Peak Supplement2019-106-0 RES UDO Text Amendment (AMN 19-02) PIL for Public StreetImprovements2019-106-0 ORD UDO Text Amendments (AMN 19-02) PIL for Public StreetImprovements2019-106-0 ATTH 01 September 2018 Town Council Presentation and Decision Matrix2019-106-0 ATTH 02 September 2018 TC WS Minutes2019-106-0 ATTH 03 Staff Presentation

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10. Future Meetings, Events and Citizen Involvement Opportunities - For a full listingof events, please see the Town Calendar at www.townofmorrisville.org.

11. Council and Manager Comments

12. Work Sessions12.a. Affordable Housing Plan Joint Work Session with Planning and Zoning Board

Courtney Tanner, Planning DirectorCharles Buki and Peter Lombardi with czb, the consulting firm August 27 2019 Work Session.pdf

13. Closed Session13.a. Closed Session Pursuant to N.C.G.S. 143-318.11 (a)(6) to discuss a personnel matter -

Town Manager Performance Evaluation (FY2020 Goals)

14. Adjournment - Thank you for attending this meeting of the Morrisville Town Council. Wehope you plan to join us again! Please feel free to email your Town Council members [email protected], or visit www.TownofMorrisville.org/Council foradditional contact information.

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Town Council Agenda Item Report

Agenda Item No. 2019-203-0Submitted by: Eric SmithSubmitting Department Administration Meeting Date: August 27, 2019

SUBJECTOrdinance 2019-203-0 to Amend an error found within Ordinance 2004-158 of the Morrisville Town Councilpertaining to the extension of the Town of Morrisville corporate limitsEric W. Smith II, Town ClerkAction - August 27

Recommendation:Approve Ordinance 2019-203-0 to Amend Ordinance 2004-158

Updates/History of Briefing:N/A

Executive Summary and Background Information:Upon staff review of historical town annexation records, an error was found within Annexation Ordinance 2004-158.Ordinance 2004-158 notes within the narrative an effective date of December 21, 2004, but in error lists that theadopted date as December 22, 2004. Staff recommends an amendment to correct the adoption date to December 21,2004 to coincide with the effective date noted in the narrative of the ordinance. Staff recommends that this error becorrected prior to submission to the North Carolina Secretary of State to proactively mitigate any issues in documentfiling and acceptance.

Potential Options:- Approve as recommended- Approve with additional recommendations

Staff Recommendation:Approve as recommended

ATTACHMENTS 2019-203-0 Peak Supplement.pdf 2019-203-0 Ord Amending Ord 2004-158.pdf 2019-203-0 ATTH01 ORD 2004-158 SO.pdf

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Updated: August 14, 2019 1 of 2

Ordinance 2019-203-0 to Amend an error found within Ordinance 2004-158

of the Morrisville Town Council pertaining to the extension of the Town of Morrisville corporate limits.

Goals Objectives

Improved transportation mobility – Enhance transportation options through improved accessibility, connectivity and collaboration

☐ Obj. 1.1 Manage traffic congestion at targeted locations and

targeted times of day

☐ Obj. 1.2 Leverage resources through partnerships with other

government entities and private sector

☐ Obj. 1.3 Improve mobility options for non-drivers

Thriving, livable neighborhoods – Enrich the quality of life through the preservation of natural resources, well-planned development and strengthened neighborhood vitality

☐ Obj. 2.1 Provide a mix of housing options that meet the current

and future needs of the community

☐ Obj. 2.2 Create a sense of place through insightful

development that balances commercial and residential growth

☐ Obj. 2.3 Be responsible stewards of the natural environment

☐ Obj. 2.4 Establish a planned approach for redevelopment and revitalization

☐ Obj. 2.5 Plan and provide for current and future infrastructure

Engaged, inclusive community – Enrich the quality of life through programs, events, amenities and services valued by the community

☐ Obj. 3.1 Offer events and programs that meet the needs and

interests of the community

☐ Obj. 3.2 Increase awareness of activities and opportunities for engagement

☐ Obj. 3.3 Effectively maintain assets and make the most of

existing resources

☐ Obj. 3.4 Provide opportunities for meaningful public

engagement and collaboration

Public safety readiness – Provide a safe and secure community through prevention, education, readiness and response

☐ Obj. 4.1 Provide educational opportunities and encourage

preparedness

☐ Obj. 4.2 Be operationally ready

☐ Obj. 4.3 React responsively to the public safety needs of the

community

☐ Obj. 4.4 Meet Demands for service

Operational excellence – Deliver exceptional service with an engaged workforce that effectively manages public assets and promotes transparency

☐ Obj. 5.1 Promote financial integrity through effectively and

efficiently managing public assets

☐ Obj. 5.2 Deliver customer-focused service

☒ Obj. 5.3 Require the highest of professional standards

☐ Obj. 5.4 Attract, develop and retain a diverse, high performing

workforce

☐ Obj. 5.5 Align priorities with resources

☐ Obj. 5.6 Leverage the use of technology to maximize results

Economic prosperity – Promote a business-friendly environment to diversify the economic base and create job opportunities for an educated, ready workforce

☐ Obj. 6.1 Attract and retain businesses that provide a diverse tax base

☐ Obj. 6.2 Support new and existing businesses by streamlining

processes and minimizing complexities

☐ Obj. 6.3 Understand business needs in order to supply a ready

workforce

☐ Obj. 6.4 Maximize partnership opportunities with the Morrisville

Chamber of Commerce, regional and educational partners

☐ Obj. 6.5 Develop an advocacy plan to address public education needs

“Connect Morrisville” Strategic Plan Alignment

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Updated: August 14, 2019 2 of 2

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TOWN OF MORRISVILLE * 100 TOWN HALL DRIVE * MORRISVILLE, NC 27560

ORDINANCE 2019-203-0 OF THE MORRISVILLE TOWN

COUNCIL AMENDING ORDINANCE 2004-158 OF THE MORRISVILLE TOWN COUNCIL PERTAINING TO THE

EXTENSION OF THE TOWN OF MORRISVILLE CORPORATE LIMITS

WHEREAS, the Secretary of State maintains recorded documents for municipalities, including annexation documents; and WHEREAS, the Town of Morrisville approved a voluntary annexation request with an effective date of December 21, 2004 and an adopted date of December 22, 2004 in Section 3, listed in error; and WHEREAS, an ordinance may not have an effective date set prior to its adoption date; and WHEREAS, at its August 27, 2019 meeting, Morrisville Town Council was notified of corrective action needed to amend the ordinance and correct the error: NOW, THEREFORE, BE IT ORDAINED THAT THE MORRISVILLE TOWN COUNCIL hereby amends Section 3 of Ordinance 2004-158-0, reflecting an adopted date of December 22, 2004, to read December 21, 2004. Adopted this the 27th of August 2019. ______________________________ TJ Cawley, Mayor ATTEST: _____________________________ Eric W. Smith II, Town Clerk

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DOWN OF MORRISVILLEP.O. BOx 166 919.463.6200

Morrisville, NC 27560

ORDINANCE NO. 2004-158

AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OFTHE TOWN OF MORRISVILLE, NORTH CAROLINA

WHEREAS, the Town of Morrisville Board of Commissioners was petitioned under G.S. 160A-31,as amended, to annex the area described herein; and

WHEREAS, the Board of Commissioners conducted a public hearing on the question of saidpetition; and

WHEREAS, the Board of Commissioners does hereby find as a fact that said petition meets therequirements of G.S. 160A-31, as amended;

NOW THEREFORE BE IT ORDAINED by the Board of Commissioners of the Town ofMorrisville, North Carolina:

Section 1. The following described territory is hereby annexed into the corporatelimits of the Town of Morrisville effective December 21, 2004.

Property Owner Tax Parcel LD AcreaeePark South Village, LLC 0745-29-0260 (REID 0323385) 16.88Park South Village, LLC 0745-18-8648 (REID 0324002) 0.07

Section 2. Upon and after December 21, 2004, the above described territory and itscitizens and property shall be subject to all debts, laws, ordinances and regulations in force in theTown of Morrisville and shall be entitled to the same privileges and benefits as other parts of theTown of Morrisville. Said territory shall be subject to municipal taxes according to G.S. 160A-58.10.

Section 3. The Mayor of the Town of Morrisville shall cause to be recorded in theoffice of the Register of Deeds of Wake County, and in the office of the Secretary of State atRaleigh, North Carolina, an accurate map of the annexed territory, described in Section 1 above,together with a duly certified copy of this ordinance. Such map shall also be delivered to theCounty Board of Elections, as required by G.S. 163-288.1.

Adopted this 22°d day of December 2004.

Gordon Cromwell, Mayor

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Town Council July 9, 2019 Meeting Minutes Page 1 of 10

Morrisville Town Council Regular Meeting July 9, 2019, 6:00 p.m.

1. Call to order

Mayor Cawley called the meeting to order at 6:00 p.m. Also present were Mayor Pro Tem Scroggins-Johnson and Council Members Garimella, Johnson, Schlink, and Town Attorney Frank Gray. Council Member Rao was absent. Present staff included: Martha Paige, Town Manager Scott Criddle, Fire Chief

Todd Wright, Assistant Town Manager Shandy Padgett, Inspections Director

Jeanne Hooks, Assistant to the Town Manager Erin L. Hudson, Strategic Performance Manager Courtney Tanner, Planning Director Eric W. Smith II, Town Clerk

Patrice Andrews, Chief of Police Joshua Baird, Acting Town Engineer

Jerry Allen, Parks, Recreation & Cultural Benjamin Howell, Long Range Planning Manager Resources Director Michele Stegall, Current Planning Manager Catherine Jarboe, Communications & Outreach Natalie Nye, Planner II

Director

2. Recognition of Sergeant at Arms – Officer Chad Penland

Mayor Cawley recognized Officer Penland.

3. Invocation Mayor Cawley provided the invocation.

4. Pledge of Allegiance Mayor Cawley led the pledge.

5. Adoption of Regular Agenda

MOTION: Council Member Garimella made a motion to approve the agenda. Mayor Pro Tem Scroggins-Johnson seconded the motion. The motion carried unanimously.

6. Consent Agenda

6.a. Capital Project Ordinance Amendment for Morrisville-Carpenter Road Improvement Project to Recognize Anticipated Grant, Installment Financing and Bond Proceeds. Jeanne Hooks, Assistant to the Town Manager Action - July 9

MOTION: Mayor Pro Tem Scroggins-Johnson made a motion to approve the Consent Agenda. Council Member Johnson seconded the motion which carried unanimously.

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Town Council July 9, 2019 Meeting Minutes Page 2 of 10

9. Administrative Reports

9.a. Airport Boulevard Extension Phase I Project Update

Mayor Cawley called Benjamin Howell, Long Range Planning Manager, to the podium for a project update. Mr. Howell reported that the NC Department of Transportation (NCDOT) has agreed to manage the Airport Boulevard Phase I Extension Project, and the town was currently in the process of providing initial funding to begin work. Mayor Cawley asked if there would be an opportunity for SPOT funding with NCDOT. Mr. Howell stated that there were no SPOT opportunities for Phase I as staff would be submitting the project for LAPP funding in the Fall. Council Member Schlink asked if the right-of-way on the Airport Boulevard Phase I Extension Project would need to be obtained. Mr. Howell stated that some right-of-way would need to be purchased and that at least one public meeting would take place this Fall due to the federal funding received. Council Member Schlink stated that some new residents could be unaware that this road project was pre-existing. Council Member Garimella asked what the agreement covers. Mr. Howell stated that the current agreement focuses on the preliminary design of the project with the goal to receive LAPP funding for project completion. He stated that the town would provide initial funds, and any overages incurred by NCDOT would be reimbursed by the Town. Council Member Johnson reminded those present that the Town was moving forward with the design phase in hopes of receiving future LAPP funding for the project. Mr. Howell further explained that construction projects score higher for LAPP funding than engineering design projects, hence the need to have engineering design well underway to increase the project scoring. Mayor Cawley inquired about a future grade separation at NC54. Staff responded that the intent of the grade separation was to have NC54 and Airport Boulevard connect from Airport Boulevard to Highway 55, but this section will connect to Davis Drive. Mayor Pro Tem Scroggins-Johnson asked that council hear Item 10.a. prior to Public Address. 10. Action Items

10.a. Resolution of Affirmation of the Adopted Comprehensive Transportation Plan

Mr. Howell stated that staff was requesting that council affirm the adopted Comprehensive Transportation Plan, previously approved on March 12. Council Member Schlink asked about previously discussed greenways to be added in the Parks and Recreation Master Plan, more specifically those near McCrimmon Parkway. Mr. Howell stated that these greenways are part of the Comprehensive Transportation Plan and were in place when the plan was adopted in March. Council Member Schlink asked if this vote would be the last regarding the Comprehensive Transportation Plan. Mr. Howell stated this would be the final vote accepting the changes to the plan. Mayor Cawley noted he was not present at the March 12 meeting, but he supported the plan and would have voted in favor of the plan. MOTION: Council Member Garimella made a motion to approve the Resolution 2019-162-0. Council Member Schlink seconded the motion which carried unanimously. 11. Items With Update

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Town Council July 9, 2019 Meeting Minutes Page 3 of 10

11.a.

Resolution Appointing Advisory Board and Committee Members

Mayor Cawley called Erin Hudson, Strategic Performance Manager, to the podium for an update. Ms. Hudson informed council that the advisory board/committee ballots had been modified for ease of use and that council would need to specify term dates for certain candidates. She informed council that a second set of appointments would be presented at their August meetings. She stated that staff had proactively contacted members with terms ending August 31 who were eligible for reappointment and asked that they submit an application by July 12th for council to review and consider with the July 23rd vote. Mayor Pro Tem Scroggins-Johnson stated that the rolling style of the application submission process allows for continuous outreach to interested citizens and asked when the individuals with expiring terms would be presented to council. She stated that when appointing members, council must also consider what was fair regarding applicant preferences. Mayor Cawley suggested that council move forward with the items listed for July 23 action and defer the other committee votes until August as this would allow for extra outreach. Mayor Pro Tem Scroggins-Johnson stated that recruitment periods have been extended multiple times and supported council proceed with voting so that members would have time to acclimate to their new positions. Council Member Garimella asked about the duration of advisory board/committee recruitment windows. Ms. Hudson stated that previous recruitment windows have spanned from two weeks to two months at the discretion of council. Council Member Garimella asked if staff had reached out to applicants that applied in the past but were not appointed. Ms. Hudson stated that staff would also take the time to reach out to previous applicants to see if they were still interested in serving. Mayor Cawley stated that he would like to extend the application submission process to allow new residents the opportunity to apply. Mayor Pro Tem Scroggins-Johnson stated that those individuals that are new to the town would have another six months to seek membership. Council Member Schlink stated that he was also in favor of leaving the recruitment period as is and asked if there were enough MPEAC applicants for all district seats. Ms. Hudson stated that there were no applicants from District 3. Council Member Schlink asked how the town could proceed with the lack of District 3 applicants. Ms. Hudson stated that council has the discretion to appoint without the district representation. Mayor Cawley requested that the communications department provide community outreach notifying residents of committee vacancies and upcoming term expirations, with a requested deadline of July 12, for July 23 appointment consideration by Town Council. 7. Public Address No one was signed up to speak. 8. Public Hearing

8.a. Continued Public Hearing and Resolution 2019-98-0 of the Morrisville Town Council Approving a Major Modification to the Special Use Permit for the Shiloh Crossing Shopping Center Approved by Resolution 2006-033A to Remove Lot 13 from the Original Special Use Permit Approval (Special Use Permit 19-01)

Mayor Cawley asked Town Attorney Frank Gray to brief council, staff and citizens on how a quasi

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Town Council July 9, 2019 Meeting Minutes Page 4 of 10

- judicial process works. Attorney Gray informed those present that the statements given were to be considered sworn testimony and council should listen to the evidence with an open mind, basing all decisions solely on the evidence presented to them. Mayor Cawley called Natalie Nye, Planner II, to the podium to facilitate item discussion. Ms. Nye informed council of various updates to the item from the previous meeting to include Planning and Zoning Board (PZB) minutes and the complete applicants’ packet. She also informed council that the applicant has more information to present regarding the item in response to questions posed by council at the June 25 Public Hearing. Council Member Schlink asked for clarification regarding the expected use as shown in the original application. Ms. Nye stated that the site plan and submission are for office use. Mayor Pro Tem Scroggins-Johnson stated that the regional activity center zoning would leave a large spectrum of potential uses for the property and asked if council could specify that the property be solely used for office purposes. Ms. Nye stated that the application seeks to remove the Special Use Permit regarding the lot and that the UDO can regulate use on the site. Ms. Nye stated that the Special Use Permit could technically be amended but that was not what the applicant has requested. She stated that the applicant provided the intended use for the property but it was not a necessary requirement to seek removal of the Special Use Permit. Attorney Frank Gray stated that council should hear testimony from all those present before discussing concerns as the applicants were following the recommendations and instructions given by staff. Council Member Johnson stated that the most intense permitted use of the regional activity center zoning would be a big box retail store, which previously existed on the property. She also stated that after reviewing the table of permitted the uses, she feels much more comfortable. Toby Coleman (150 Fayetteville Street, Raleigh, NC) attorney for the applicant, presented an applicant binder to council that included expert reports, statements regarding the Special Use Permit and a future land use plan that was consistent with the town’s comprehensive plan. Mr. Coleman gave an overview of the 115 acres covered by the regional activity center zoning, highlighting the area they seek to remove from the Special Use Permit. He stated that the Special Use Permit was initially required for stores over 75,000 square feet as the special use conditions were different from zoning conditions but currently did not address any issue outside of standing zoning conditions. Mr. Coleman stated the request was limited in scope and gave council a brief history of the Special Use Permit and how it creates restrictions on development due to conditions such as sign and design requirements that limit property uses. He stated that the Special Use Permit was created for very specific use in 2006 but it has outlived its usefulness as the current code eliminates the need for special review of similar projects. He stated that previously, council had modified Special Use Permits but modification for this Special Use Permit would require the Special Use Permit to be rewritten in a manner that would not make sense for their intended goal. He informed council of two conditions of the current Special Use Permit: condition 32(e) covering vacancy mitigation provisions that required the owner to "demise the existing building for adaptive reuse as necessary… to meet the needs of future tenants," and 32 (f) stating that the Owner was required to update the Town quarterly on efforts to reuse the vacant building. He stated the wording was specifically designed to ensure the building would not sit vacant. He presented council with the permitted uses under the regional activity center and stated that there are three main uses for the area under the Special Use Permit – Office, retail or a hotel. Mr. Coleman called Mr. Kevin Dean (Kimley Horn, Traffic Engineer) to the podium for continued presentation. Mr. Dean informed council that removal of the Special Use Permit would not increase the trip generations estimate from the original TIA and stated that no developer within Shiloh

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Town Council July 9, 2019 Meeting Minutes Page 5 of 10

Crossing can exceed the trip budget without prior council approval. He stated that Sam's Club generated 5,640 daily trips and the intended development was expected to generate 1,442 daily trips. Mr. Dean provided traffic impact and trip generation potential for other uses as allowed under the regional activity center zoning to include multi-family housing (272 daily trips), medical office building (5,186 daily trips), shopping center (7,456 daily trips), and a general office building (1,442 daily trips). He stated that the original TIA traffic budget allowed for approximately 31,500 daily trips for the entire development and currently the approved developments average approximately 19,400 trips. He stated that the use of Lot 13 for office space creates a minimal increase equal to the traffic budget. Mr. Dean stated that none of the proposed uses would exceed the TIA budget from the original trip generation allowed for the site. Council Member Garimella asked for clarification regarding the a.m. peak trips for Sam’s Club. Mr. Dean stated that the a.m. trips were lower as most businesses are not open early in the morning, leading to fewer trips. Council Member Garimella asked how the total number of trips were calculated. Mr. Dean stated that the numbers are often overestimated, meaning that the town has overbuilt their improvements based upon inflated traffic numbers. Mr. Dean explained how traffic estimations are calculated based on correlations between data points. He stated that he did not believe any developments in Morrisville had a traffic budget above 31,500. Council Member Schlink asked staff if multi-unit housing developments above 50 units would be subject to council approval if the applicant changed their intended use. Ms. Nye stated that housing developments above 50 units would require administrative approval from staff. Council Member Schlink asked if the functions of traffic signals were included in this analysis. Mr. Dean stated that this information was included in the binder showing that the intersections associated with the project were expected to operate at Level B. Mr. Dean stated that the intersection at NC 54 was maintained by NCDOT while Slater Road would be uncoordinated and controlled via a signal cabinet. Mr. Dean further stated that timing plans for traffic signals were pre-planned and regularly evaluated. Neal Gustafson (383 B Computer Drive, Raleigh, NC) appraiser for the applicant, submitted an updated letter regarding the development of the property and stated that the uses for the property were limited due to its size. He stated that a vacant building would have a far worse impact on the surrounding properties than any permitted use. Mayor Cawley stated he did not see any negative impact from regional activity center uses and asked council if they were satisfied that the applicant had met the quasi-judicial requirements. He stated that if council believes the applicant had failed to meet the requirements, it would be best to inform the applicant as early as possible. Council Member Schlink stated that he would feel more comfortable if the wording reflected multiple uses and not specific wording reflecting an office space. Council Member Schlink asked what council could do if the applicant returns in a year requesting to build a multi-family housing development on the property. Ms. Nye stated that the wording would not impact the requirements of the quasi-judicial hearing. Council Member Schlink asked Town Attorney Gray if the town could change or correct wording regarding removal of the Special Use Permit. Mr. Gray stated that he would need to research the question prior to providing a response. Mayor Pro Tem Scroggins-Johnson stated that council needs more time to review the information received and should revisit the item in two weeks. Mayor Cawley stated that the public hearing would remain open and action would be delayed to July 23. 11. Items With Update – Continued

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Town Council July 9, 2019 Meeting Minutes Page 6 of 10

11.b.

Resolution Adopting a Town of Morrisville Elected Officials Social Media Policy

Mayor Cawley called Cathy Jarboe, Communications and Outreach Director, to the podium for an update. Ms. Jarboe reminded council of the previous discussions regarding the proposed social media policy and stated she had provided information regarding social media best practices to council via email. Mayor Pro Tem Scroggins-Johnson stated that she would like to postpone any action on the item until full council was present. Town Manager Martha Paige reminded council that the item was scheduled for action at the July 23rd meeting where council would also receive an update on Town Council Meeting Rules of Procedure. Council Member Johnson stated that having separate personal and official accounts should be a long-term goal for council and remarked that the language stating council “must” have separate accounts was strong. Mayor Cawley agreed that the language used was strong and Ms. Jarboe informed council staff could reword the policy using words such as “should” or “encourage” rather than “must.” Council Member Schlink discussed the need for best practices to be encouraged for citizens during public address. 12. New Items

12.a.

Resolution 2019-132-0 Approving a Type I Preliminary Subdivision Plat and Major Site Plan for North Hampton Townhomes to be Located on the East Side of Church Street Between Downing Glen Drive and Treybrooke Drive and East of the Hampton Place Townes Subdivision (Administrative Approval)

Mayor Cawley called Ms. Nye to the podium for the briefing. Ms. Nye informed council that the item was an administrative approval and presented the project information. She stated the project was a 13.25-acre, 62 lot, residential townhome development. She provided information regarding the location of the proposed development and surrounding properties and an overall site plan to include the tree save area (19% required to be saved per UDO, the developer was proposing to save over 30%), a children's play area and a greenway. She stated the developer would be creating two new public streets and the town would be collecting payment in lieu (PIL) for the easements in the amount of 150%. She stated that all site improvements were compliant with the UDO standards and that staff recommends approval of the site plan with conditions. She stated that the PZB unanimously recommended approval. Ms. Nye invited Charlie Yowell (Bohler Engineering - 4130 Park Lake Avenue, Raleigh N.C.) and Sean Fisher (Shenandoah Homes 3724 National Drive, Raleigh N.C.), representatives of North Hampton Townhomes, to the podium to answer council questions. Council Member Garimella asked if the housing was attached or detached. Ms. Nye stated that the housing was attached. Council Member Garimella asked how this subdivision planned to mitigate parking issues. Courtney Tanner, Planning Director, explained that regulations regarding parking in this type of community require overflow parking throughout the development in addition to the street parking. Council Member Garimella asked if staff could provide the number of spaces available for parking. Ms. Tanner stated that staff would need more time to provide a response to that question. Ms. Tanner informed council that there was enough pavement width for a fire truck and a car to pass through the street and each unit would have fire suppression to satisfy fire code due to the single exit/entrance to the development. Ms. Tanner stated that there were 23 additional spaces available, not including street

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Town Council July 9, 2019 Meeting Minutes Page 7 of 10

parking, and that the updated UDO requires a driveway of at least 20 feet in depth that would allow each resident to park four cars. Mayor Cawley asked how difficult it would be to end the greenway at the sidewalk rather than build a greenway that leads to nowhere. Ms. Nye stated that the greenway was tying into the pre-existing sidewalk network along Hopedale Drive. Mr. Yowell stated that there was no development to connect with the greenway due to various site constraints such as the streams to the north and south, hence the offer of PIL due to an inability to complete the greenway. Council Member Schlink asked if this greenway would tie in with Sawmill greenway. Jerry Allen, Parks, Recreation and Cultural Resources Director, stated that the greenway would connect with Sawmill Greenway. Council Member Johnson asked if there would be signage informing citizens of future road construction at the three road stubs within the development. Ms. Nye stated she would confirm this at a later date. Mayor Pro Tem Scroggins-Johnson stated that there were multiple concerns related to parking, specifically adequate space for school buses to pass through. She also asked if there were wider roads in the UDO that would allow larger vehicles to traverse the roads within the development. Council Member Garimella asked if the developer would disclose the lack of street parking to residents. Mayor Cawley asked staff to ensure “no parking” signs would be placed prior to the building of the first home. Council Member Garimella stated that typically signs are placed after the development turns the streets over to the town. Town Manager Paige stated that placing no parking signs during construction would lead to the signs being knocked over and temporary signs placed by construction crews would not make it obvious to prospective homeowners that parking was permanently restricted. Mr. Fisher stated that there was space within the development to accommodate street parking. Break 8:06 pm Reconvene 8:17 pm 13. Future Meetings, Events and Citizen Involvement Opportunities

Mayor Cawley shared upcoming events.

14. Council and Manager Comments Council thanked staff for the July 3rd fireworks, the July 4th Pancake event and their assistance in facilitating the cricket tournament alongside the Triangle Cricket League and the National Youth Cricket League. Council Member Johnson asked Town Manager Paige for an update regarding the McCrimmon Railroad closure. Council Member Schlink stated that he was out of town for the vote regarding the budget but would have voted “yes”. He read a prepared statement regarding the facts of the budget and stated he would like to look at surrounding municipalities for comparison. He stated that the town was maintaining its AAA bond rating and he believes a bond referendum may be the best method to fund future projects. Council Member Garimella stated it was a historic day for Morrisville as Parkside Elementary had a great opening and first day of school.

15. Work Sessions

15.a.

Capital Investment Program Policy Discussion (Continued from FY2020 Budget Discussions)

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Mayor Cawley introduced Jeanne Hooks, Assistant to the Town Manager, to facilitate the session. Ms. Hooks reminded council of the previous placeholder items that council agreed to during past meetings. She stated this work session was for staff to listen to council’s shared visions and/or interest behind these placeholder projects to facilitate staff creation of project concepts. Ms. Hooks asked council what opportunities council would like staff to investigate such as partnerships with other regional entities. Mayor Pro Tem Scroggins-Johnson stated that council should look to higher-level funding rather than line by line as council must decide which projects should be given priority as funding did not exist to complete every project. She stated that certain placeholders lack the necessary background information to have a complete discussion. Mayor Cawley stated that he would like to have a deeper discussion to give residents information they can react to, with specific discussion regarding cost estimates and funding sources for specific projects. Mayor Pro Tem Scroggins-Johnson stated that she was not comfortable allocating funds to specific items at that time. Council Member Garimella stated he did not feel comfortable discussing certain items until information was received in its entirety, and asked Town Manager Paige about the various methods for project funding. Town Manager Paige stated that while working on the budget, council introduced new items that were added as placeholders. Town Manager Paige stated there were various methods to fund projects, with certain methods being better suited for specific projects. Mayor Cawley asked council how supportive they were of the placeholder items and specifically asked to discuss land acquisition first, so staff could be directed in their research. Mayor Pro Tem Scroggins-Johnson stated that land acquisition did not occur with the last land use plan. She also stated that land acquisition could also include fire stations or future town municipal buildings so the topic was very broad. She asked if the public would be more favorable with land acquisition that seeks to control more Transit Oriented Development areas. Council Member Garimella stated that land acquisition should seek land for a new park and that he would like to reverse engineer the process, determine what funds are available, then what land can be acquired with said funds. Mayor Cawley stated that the projects currently listed exceed the funding available and there may be a need to expand capacity. Council Member Johnson stated that decisions could not be made during the discussion without more information, but she did believe the public needed to weigh in on the proposed projects. She stated council and the public should discuss what they would like to see on a bond and that she would like to see a robust conversation with the community allowing the public to give their opinion regarding funding with tax increases. Mayor Cawley stated that he would like to discuss these items and begin associating dollar values to projects to show council’s commitment to specific projects. He stated that associating dollar amounts to projects would allow council to receive real reactions and gauge citizen support. Ms. Hooks stated that staff needed to know the priority of the placeholder projects to create project concepts so the public could have a clear understanding of council’s intended plans for placeholder projects. Town Manager Paige reminded council that its role was to define what they saw as the priority needs for the community. She stated that every decision made by council would influence other options, so staff was seeking to make sure council takes all options into account. Town Manager Paige stated that council had discussed land acquisition for various purposes but there must be a strategy for land acquisition including a primary goal that council would like to accomplish.

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Mayor Cawley stated he would like to see if the town was interested in purchasing land for the purpose of preservation. Council Member Schlink stated that between now and the next two years, the town needs to complete a bond. He stated that Cary was asking for over $200 million, while Morrisville could possibly seek $25 million in bond funding. He stated the town should finish the projects in process, then decide which projects to complete in the future. He also discussed the various projects that could be completed utilizing land the town already owns. Mayor Cawley stated that council should break down the broad overview of projects, place specific cost estimates on each, and allow residents to give feedback on which projects they would like to see move forward. Mayor Pro Tem Scroggins-Johnson stated that she was not prepared to go line by line discussing each item and that the public may not be able to consume the budget spreadsheets adequately. She also stated that any bond packet must include funding for transportation and parks. She also clarified that the bond could facilitate any of the listed projects. Mayor Cawley stated he would rather the initial focus be placed on a Town Center and would like to provide staff with some information regarding affordable housing. Mayor Pro Tem Scroggins-Johnson stated that an affordable housing discussion should be deferred until council receives the full affordable housing study information later this Fall. Council Member Johnson stated that once consultants provide the results of an affordable housing study, council would need to discuss the options and steps they would take to address the issue. She asked if staff needed further information regarding the Town Center. Town Manager Paige informed council that they selected to place these items on the CIP and staff would follow council recommendations regarding their priorities. She stated that staff would bring information regarding the Town Center to council at a future date. Mayor Cawley stated that if council had thoughts regarding the Town Center, they could begin to estimate possible project costs. Town Manager Paige clarified the type of policy discussions council would need to have for staff to proceed with project research and cost estimates. Mayor Cawley stated he did not want to limit the ask of staff prematurely. Town Manager Paige stated that council needs to agree on what they would like staff to prioritize and asked if council would be open to complete some “homework” if staff provided a framework for responses. Town Manager Paige stated that staff identified projects they believed would garner support from voters. Ms. Hooks stated that various unknowns were added to the CIP, therefore more clarity was needed regarding what each placeholder item entailed. Town Manager Paige stated that staff would need some time to prepare a sample framework that could be supplied to council at an August meeting. She stated that staff would like to ensure they put together a package that creates meaningful discussion. Mayor Pro Tem Scroggins-Johnson stated that the placeholders were not mutually exclusive, and some overlap exists in projects, while some could be finer tuned. She stated that land acquisition was very generic, so council needs to give examples of what they would like to see. Town Manager Paige stated that Fire Station #2 could be used as a topic of CIP discussion at the next work session as council would see an item on the July 23 Agenda regarding the design-build option. Mayor Cawley stated his support for the plan that council adopted in the budget with the tax increment change as necessary in conjunction with bond financing. He stated that the placeholder projects could be rolled into bonds as council makes decisions regarding project specifics.

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Council Member Schlink asked if the Project List Chart matched the projected debt funding and asked for clarification. Ms. Hooks stated that the figures matched projections for funding across the five-year plan. Town Manager Paige provided clarification regarding debt payments on funds borrowed. 16. Adjournment

MOTION: Council Member Garimella made a motion to adjourn. The motion was seconded by Mayor Pro Tem Scroggins-Johnson and carried unanimously.

Mayor Cawley adjourned the meeting at 9:41 p.m.

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Town Council July 23, 2019 Meeting Minutes Page 1 of 13

Morrisville Town Council Regular Meeting July 23, 2019, 6:00 p.m.

1. Call to order

Mayor Cawley called the meeting to order at 6:00 p.m. Also present were Mayor Pro Tem Scroggins-Johnson and Council Members Garimella, Johnson, Rao, Schlink, and Attorney Frank Gray.

Present staff included: Martha Paige, Town Manager Michele Stegall, Current Planning Manager Todd Wright, Assistant Town Manager Erin L. Hudson, Strategic Performance Manager Greg Turner, Interim Assistant Town Manager Patrice Andrews, Police Chief

Stephanie Smith, Public Information Officer Shandy Padgett, Inspections Director

Jerry Allen, Parks & Recreation Director Eric W. Smith II, Town Clerk Scott Criddle, Fire Chief Eliot Ward, Planner II Nathan Lozinsky, Assistant Fire Chief Natalie Nye, Planner II Lauri Shedlick, Human Resources Director Lynette Anderson, Marketing & Event Specialist Benjamin Howell, Long Range Planning Manager

Brianne Gill, Community Relations Liaison

2. Recognition of Sergeant at Arms – Senior Officer Gideon LeCraft

Mayor Cawley recognized Senior Officer Gideon LeCraft.

3. Invocation Council Member Michael Schlink provided the invocation.

4. Pledge of Allegiance Mayor Cawley led the pledge.

5. Adoption of Regular Agenda No conflicts of interest were expressed. Mayor Cawley suggested that council complete the Planning and Zoning Board ballots prior to Item 11.a. MOTION: Council Member Rao made a motion to approve the agenda with changes. Mayor Pro Tem Scroggins-Johnson seconded the motion. The motion carried unanimously.

6. Consent Agenda 6.a. Approval of June 11, 2019 Town Council Regular Meeting Minutes

Eric W. Smith II, Town Clerk

6.b. Approval of June 24, 2019 Town Council Work Session Minutes Eric W. Smith II, Town Clerk

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6.c. Approval of June 25, 2019 Town Council Regular Meeting Minutes Eric W. Smith II, Town Clerk

MOTION: Council Member Garimella made a motion to approve the Consent Agenda. Council Member Schlink seconded the motion which carried unanimously.

7. Administrative Reports 7.a. S'Morrisville Update

Mayor Cawley invited Lynette Anderson, Marketing and Events Specialist, to the podium for the update. Ms. Anderson provided an overview of the upcoming S’Morrisville event and discussed the success of the event in the past. She stated that 30 staff members have volunteered to assist with events that would take place across four Morrisville Parks with a food truck at each location (Morrisville Community Park, Northwest Park, Church Street Park, and the Healthy Food Hub). She stated that Hershey’s would be partnering with the town during the event as part of their Heartwarming America Tour, and the company would bring their tour bus to the Shiloh Walmart from 11 am until 6 pm. Ms. Anderson asked that staff and residents follow the town on social media and share information regarding the event.

Council thanked staff and voiced their excitement for the event. Council Member Garimella asked if a rain date was scheduled for the event and Ms. Anderson stated there was not.

8. Presentations

8.a. Information Technology - Strategic Update Presentation Mayor Cawley invited Rick Ralph, CIO, to the podium for the update. Mr. Ralph presented the new department structure to council, provided a customer assessment, and discussed the internal and external opportunities for improvement. He stated that the department would focus on internal customers (town employees) while also addressing external customers (citizens) through various engagement opportunities. He discussed the initiatives implemented to improve the department’s security posture, such as the recent organization-wide IT security awareness training. He informed council that staff was working towards drafting an IT Security Policy and that Morrisville would be participating in the Engaging Local Government Leaders (ELGL) Innovation Cohort, designed to drive innovation in smaller municipalities. He detailed that Morrisville would be one of ten participants, including three other North Carolina municipalities (Rolesville, Sanford, and Hillsborough). Council thanked staff for their work towards improving the town’s IT capability. Council Member Rao stated that through collaboration, the town could learn how to mitigate issues other municipalities faced in the past. Council Member Rao asked if there would be any opportunities for local corporations to test new technologies within the Town of Morrisville. Mr. Ralph stated that collaboration opportunities could be an option in the future. Council Member Rao stated that the town should create an open data portal to assist the town in solving issues and create open citizen engagement. Mayor Pro Tem Scroggins-Johnson stated that awareness of external customers was key to providing transparency in government. Council Member Garimella asked if staff planned to run internal analytics for evaluation of various departments and processes to assist with staffing requests and organizational assessments. Mr. Ralph stated that future systems would be capable of providing internal analyses. Council Member Schlink asked for more information regarding the innovation cohort and if a press release was issued regarding the cohort. Mr. Ralph stated that the

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cohort would assist in mitigating town issues through collaboration, and he was unsure if there would be a press release issued. Council Member Johnson stated that transparency in government was vital, and data should be shared in a meaningful manner.

Council Member Rao stated that the town was open and welcoming to receive ideas from all those watching on the live stream.

9. Public Address

Steve Lauderdale (2104 Glade Valley Lane, Morrisville) shared a presentation titled "Code of Conduct: Best Practices for Elected Officials," which discussed various points within the Town of Morrisville Elected Officials Social Media Policy. Stefanie Reed (1672 Legendary Lane, Morrisville) stated her interest in serving on the Morrisville Public Education Advisory Committee (MPEAC), gave a brief overview of her relevant experience and discussed her hopes for the future MPEAC and the Town of Morrisville. Patty Cheng (304 Millet Drive, Morrisville) commended council and staff on the Resolution Adopting a Town of Morrisville Elected Officials Social Media Policy and discussed how the policy could improve the town. She also congratulated Todd Wright, Assistant Town Manager, on his retirement.

8. Presentations (Continued)

8.b. Introduction of New Public Works Director, Giselle Rodriguez-Villanueva

Mayor Cawley invited Todd Wright, Assistant Town Manager, to the podium for the introduction. Mr. Wright gave a brief biography of Ms. Rodriguez-Villanueva and invited her to the podium for brief comments. Ms. Rodriguez-Villanueva stated that being a public servant had been her life’s most rewarding experience.

8.c. Strategic Plan Update/Community Dashboard and Project Tracking Update

Mayor Cawley invited Erin Hudson, Strategic Performance Manager, to the podium for an update. Ms. Hudson provided council with an update on the strategic plan, priority initiatives, project tracking software, and dashboard. Ms. Hudson updated council on various initiatives to include accreditation progress for both the Fire and Police Departments and the creation and implementation of the Morrisville Public Education Advisory Committee. She stated that council previously approved the creation of a Strategic Plan for the Town of Morrisville and staff began to seek a tool that could manage this plan. She presented council with the Community Dashboard and Project Tracking Software titled “Morrisville Pro” that would allow for more citizen engagement and Strategic Plan Tracking. She stated that staff would seek to implement Morrisville Pro by Labor Day, 2019. Council Member Johnson asked how the software would be accessed. Ms. Hudson stated that a link to Morrisville Pro would be placed on the town’s webpage. Council Member Rao asked if the system would allow for the future incorporation of audio to provide information on town projects. Ms. Hudson stated that this option could be explored in the future. Ms. Hudson thanked senior staff for the opportunity to work on the project.

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8.d. Recognition of Retirement of Assistant Town Manager Todd Wright Mayor Cawley invited Martha Paige, Town Manager, to the podium for the presentation. Town Manager Paige expressed her appreciation to Mr. Wright for all he had done for the Town of Morrisville and gave a brief history of Mr. Wright’s career and achievements during his tenure. She discussed Mr. Wright’s continued passion for serving and protecting the residents of Morrisville and his focus on the town’s future. Council and Town Attorney Frank Gray thanked Mr. Wright for his service to the town. They also shared various statements regarding Mr. Wright's passion, wisdom, and commitment to improving the Town of Morrisville. Mr. Wright gave statements regarding his career and tenure with the Town of Morrisville and thanked council and staff for the opportunity to work with them.

10. Public Hearing 10.a. Resolution 2019-98-0 of the Morrisville Town Council Approving a Major

Modification to the Special Use Permit for the Shiloh Crossing Shopping Center Approved by Resolution 2006-033A to Remove Lot 13 from the Original Special Use Permit Approval (Special Use Permit 19-01)

Eric Smith, Town Clerk, swore in individuals providing testimony regarding the item. Mayor Cawley invited Natalie Nye, Planner II, to the podium for facilitation. Ms. Nye provided council with various updates regarding the item and reminded council that staff recommended the removal of the SUP. She informed council that the applicant planned to develop the property for office use and was in the second round of plan review. Toby Coleman (150 Fayetteville St, Raleigh) attorney for the applicant, stated that the applicant had provided an updated statement of justification that addresses general uses permitted under the zoning. Mr. Coleman stated that the applicant had the property under contract for purchase contingent upon the removal of the SUP. Mayor Cawley asked if conditions placed on the removal of the SUP would impact the contract for purchase. Mr. Coleman stated that details such as the removal of the SUP could have an impact on the contract. Donna Fender (1500 Hemby Ridge Lane, Morrisville) spoke in opposition to the removal of the SUP due to the permitted uses under the regional activity center (RAC) zoning. She stated that the town’s administrative process could not stop unwanted development as they were previously unable to stop the clear-cutting of trees for other developments. She stated that the new owner could turn the space into a central utility plant and urged council to vote no. Mr. Coleman stated that while he respected Ms. Fender's right to speak, he objects to her comments as under North Carolina law her statements cannot be considered in council's decision due to them being speculative and largely inadmissible as heresay testimony. He stated that the applicant had met all requirements under the ordinance. He stated that under the ordinance, council was limited in their options, and he would request that council approve the removal of the SUP as there was little to no evidence that would support the addition of specific conditions. He stated that case law showed any conditions imposed would need to be supported by the evidence. Attorney Gray stated that several of the items Ms. Fender mentioned were testified to at previous hearings such as the permitted uses. He stated that the speculative testimony regarding a possible recession or the property being sold could not be used in any decision.

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Mayor Cawley asked if more testimony could be received after the public hearing was closed. Attorney Gray stated that once the hearing was closed, council could discuss the evidence received. Mayor Cawley asked if council was prepared to move on to deliberation. Council Member Schlink stated that he had a few more questions regarding the item. Council Member Schlink stated that the discussion was based upon one type of use, but the questions would be different if the discussion covered all permitted uses. Ms. Nye stated that the application had been updated to reflect various uses, and the item before them was solely to remove the SUP with specific use information being supplemental. Council Member Schlink stated that he would like to add a condition requiring that the property be used for office space. Council Member Schlink stated that he believed the applicant was required to provide a site plan and proposed use plan. Ms. Nye stated that the applicant did not have to provide a site plan or proposed use plan. Michele Stegall, Current Planning Manager, stated that a site plan and proposed use plan was not required, and the UDO could regulate the property without the SUP. Council Member Schlink asked why a condition restricting permitted uses could not be added. Ms. Stegall stated this condition could be added but could create an issue in the future. Mr. Coleman stated that the applicant had presented a significant amount of evidence to satisfy all required elements and reminded council of previous testimony from sworn experts that stated no permitted uses would negatively impact surrounding properties or area traffic. Mayor Cawley entertained a motion to close the public hearing. MOTION: Council Member Johnson made a motion to close the public hearing. The motion was seconded by Council Member Rao and carried unanimously. Mayor Cawley opened the floor for council deliberation. Mayor Pro Tem Scroggins-Johnson stated that she was not confident that all the permitted uses would satisfy condition C, while the proposed office use would. She stated that she would like to limit the permitted uses. Council Member Garimella stated that council was mixing thoughts concerning the SUP removal with the site plans that had been submitted. He stated that the proposed plan was good for Morrisville but asked how the UDO would hold the applicant responsible if the property was not developed. He asked what type of safeguards would be in place to protect the property from different permitted uses in the future. Ms. Stegall stated that if the SUP were removed then any use allowed under the RAC would be permitted, but future property development would be subject to all requirements within the code. Council Member Johnson stated that the process for SUP removal was different from any other decision council had made in the past. She stated that council must make the decision based on the evidence received and not personal opinions, she stated that the applicant had met the requirements and council must approve the removal of the SUP. Council Member Rao stated that the requirements had been met and council had the legal obligation to vote to approve the SUP removal. He stated that a condition restricting use would not be effective. Mayor Cawley stated that the conditions had been met.

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Council Member Schlink stated that the applicant had not met the standard when other uses were considered, and he would only feel comfortable with added conditions. Mayor Cawley stated that council had received expert testimony that the conditions were met for all uses based upon staff's recommendation for approval. Attorney Gray confirmed that Mayor Cawley was correct and also reiterated that previous testimony stated that no permitted use would injure the value of the adjoining property. He stated that the SUP removal was a different procedure from the findings needed to acquire a SUP and that in the removal process, council would be working in reverse. He stated that the steps taken by the applicant were recommended by and completed in collaboration with staff. He stated that council had the authority to add a condition as Council Member Schlink requested, but this condition was not recommended by council and not requested by the applicant. Council Member Garimella stated that questions regarding emergency services were answered in past discussion, and he believed the conditions had been met. He stated that any other use on the property most likely would not be viable for the applicant based on the evidence.

Ms. Stegall stated that council was obligated to approve the removal if the requirements were met. Attorney Gray stated that any condition put in place must be based upon the evidence provided. He stated Mr. Coleman could be called to provide testimony regarding any condition placed on the property. Mr. Coleman stated that he reviewed the town’s UDO and various court of appeals cases involving municipalities that attempted to place conditions on a SUP. He stated that there were conditions that could be imposed related to the special use being requested, but in the context of the SUP removal, a condition based on use related to the zoning would not be permissible under North Carolina law and would be subject to challenge. He stated that the applicant had already invested a large amount of funds and would like to move forward without conditions that would impede the value of the property such as expansive conditions. Council Member Schlink suggested council recess. Mayor Pro Tem Scroggins-Johnson suggested that council entertain a motion prior to a recess. MOTION: Council Member Johnson made a motion to approve Resolution 2019-98-0. The motion was seconded by Council Member Garimella. Council Member Schlink voted in opposition. The motion carried five to one.

Recess 8:16 p.m. Reconvene 8:30 p.m. Mayor Cawley reminded council that they would complete Planning and Zoning Board ballots prior to Item 11.a.

11. Action Items

11.a. Resolution 2019-132-0 Approving a Type I Preliminary Subdivision Plat and Major Site Plan for North Hampton Townhomes to be Located on the East Side of Church Street Between Downing Glen Drive and Treybrooke Drive and East of the Hampton Place Townes Subdivision (Administrative Approval)

Mayor Cawley invited Natalie Nye, Planner II, to the podium for item facilitation and reminded council that the item was an administrative approval.

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Ms. Nye presented a parking exhibit provided by the applicant that displayed the available street parking, driveway/garage parking, and satellite parking available to residents. Ms. Nye also stated that the site plan includes an updated detail regarding requested signage as required by the UDO. Council Member Garimella asked for clarification regarding shared parking with nearby subdivisions. Ms. Nye clarified that neighboring subdivisions would have shared parking with this development. MOTION: Council Member Garimella made a motion to approve Resolution 2019-132-0. The motion was seconded by Mayor Pro Tem Scroggins-Johnson and carried unanimously.

11.b. Consideration of Items Related to the Annexation of Property Located along the Northeast Side of Paramount Parkway between Carrington Mill Boulevard and Perimeter Park Drive (ANX 19-02), specifically: 1. Resolution 2019-176-0A of the Morrisville Town Council Pertaining to the Sufficiency of the Petition to Extend the Town of Morrisville Corporate Limits to Include Property Located along the Northeast Side of Paramount Parkway between Carrington Mill Boulevard and Perimeter Park Drive Commonly Known as 0 Paramount Parkway (and to be Known as 4000 Paramount Parkway) (ANX 19-02); 2. Resolution 2019-176-0B of the Morrisville Town Council Setting a Date for a Public Hearing on the Question of a Voluntary Annexation for a Tract of Property Located along the Northeast Side of Paramount Parkway between Carrington Mill Boulevard and Perimeter Park Drive Commonly Known as 0 Paramount Parkway (and to be Known as 4000 Paramount Parkway) (ANX 19-02); and 3. Ordinance 2019-176-0 of the Morrisville Town Council Pertaining to the Extension of the Town of Morrisville Corporate Limits to Include Property Located along the Northeast Side of Paramount Parkway between Carrington Mill Boulevard and Perimeter Park Drive Commonly Known as 0 Paramount Parkway (and to be Known as 4000 Paramount Parkway) (ANX 19-02).

Mayor Cawley invited Eliot Ward, Planner II, to the podium for facilitation. Mr. Ward provided council with details regarding the property subject to annexation and stated that town staff recommended approval. MOTION: Council Member Johnson made a motion to approve Resolution 2019-176-0A. The motion was seconded by Mayor Pro Tem Scroggins-Johnson and carried unanimously. MOTION: Council Member Johnson made a motion to approve Resolution 2019-176-0B. The motion was seconded by Mayor Pro Tem Scroggins-Johnson and carried unanimously.

11.c. Resolution Appointing Advisory Board and Committee Members

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Mayor Cawley invited Ms. Hudson to the podium for facilitation. Ms. Hudson presented the following results for the Planning and Zoning Board (PZB) and stated that council would need to vote to fill an alternate seat on the PZB vacated due to the previous vote: Kenneth Sack To serve remainder of Regular Seat vacated term: 3/15/19-8/31/19 Sanjay Acharya To serve remainder of Regular Seat vacated term: 6/5/19 – 12/31/19

Council voted to select an alternate to serve on the PZB. Ms. Hudson stated that no single candidate received four total votes to serve on the PZB and read the vote tally of the candidates. Council voted again to select an alternate to serve on the PZB. Ms. Hudson presented the following results: Christine Robuck To serve remainder of Alternate Seat vacated term: 8/1/19 – 8/30/20

Council voted to select members for the Senior Advisory Committee. Ms. Hudson presented the following results: Rick Bain Freda Hamlett Phyllis Smith August 1, 2019 – July 31, 2021

Council voted to select members for the Morrisville Environment and Stormwater Committee (MESC). Ms. Hudson stated that no single candidate received four total votes to serve on the MESC. Council voted again to select a member to serve on the MESC. Council discussed the candidates and the opportunities available for citizens to engage at committee meetings even if not selected. Ms. Hudson stated that again, no single candidate received four total votes to serve on the MESC. Council agreed to postpone this action until a later date.

Council voted to select members for the Morrisville Public Safety Advisory Committee (PSAC). Ms. Hudson stated that no single candidate received four total votes to serve on the PSAC and read the vote tally of the candidates. Council voted again to select a member to serve on the PSAC. Ms. Hudson presented the following results: Syam Kandanulu September 1, 2019 – August 31, 2021

Mayor Pro Tem Scroggins-Johnson discussed equitable district representation on the Morrisville Public Education Advisory Committee (MPEAC). Council discussed how they should appoint members to the MPEAC with respect to district representation and term lengths. Council Member Garimella asked for clarification regarding the application received after the submission closing date. Ms. Hudson stated that the application referenced was submitted six days after the submission period ended, but staff felt it was necessary to provide that application as it was from a District Three candidate. Council voted to select candidates for the MPEAC.

Mayor Cawley suggested council move forward with the agenda while ballots were calculated.

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14. Future Meetings, Events and Citizen Involvement Opportunities

Mayor Cawley shared upcoming events.

15. Council and Manager Comments

Council Member Garimella discussed a traffic issue at Parkside Elementary. Council Member Rao discussed the proposed development of the outlet mall and congratulated all candidates that filed for upcoming elections. Council Member Johnson discussed the success of the Facebook Live event with Patrice Andrews, Chief of Police. Council Member Schlink asked that residents be notified that the railroad crossing over the Crabtree-Hatcher Creek Greenway would not be opened until 2020. Council Member Schlink also asked if QR codes could placed on historical signage throughout Morrisville. Mayor Pro Tem Scroggins-Johnson congratulated those council members that were seeking reelection and stated that an election would allow elected officials to share more openly.

11. Action Items (Continued) 11.c. Resolution Appointing Advisory Board and Committee Members

Ms. Hudson presented the following results for the MPEAC ballots:

Gabriela Freeman, District 1 Rachel Massey, District 3 Lauren Quick-Graham, District 4 Stefanie Reed, District 2 Lisa Stephenson, District 3 Lester Thomas, District 4

Vidya Dass-Akisetty, District 1 Mark Dixon, District 2 Sarah Fuller, District 4 Elizabeth O’Connor, District 2 Renee Providence, District 1

*Twelfth member to be appointed at August 13 meeting. 12. Items with Update

12.a Resolution Adopting a Town of Morrisville Elected Officials Social Media Policy

Mayor Cawley invited Town Manager Paige to the podium for facilitation. Town Manager Paige provided council with a red line copy of the policy showing various changes and gave clarification regarding public records law concerning social media. Council Member Johnson discussed an item within the policy related to Town Council headshots being used on social media and stated that since they were funded by the town, she would not personally feel comfortable using them for personal social media accounts. She also asked if Section #2 of the policy could be broken down for clarity and if Section #4 could remain in the policy. Town Manager Paige asked Attorney Gray to weigh in on section #4. Attorney Gray suggested that staff remove Section #4 from the policy as he did not believe it was subject to public record law. Council discussed the need for Section #4 within the policy. Attorney Gray stated that the town would review the policy annually, and verbiage could be added in the future.

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Town Council July 23, 2019 Meeting Minutes Page 10 of 13

13. New Items

13.a. Resolution to Amend Town Council Rules of Procedure

Town Manager Paige stated that the Town Council Rules of Procedure were modified to include any policies adopted, such as the Elected Official Social Media Policy. She provided an overview of the most significant changes to the document including the following: movement of the Code of Ethics to the front of the document, the addition of two sections relating to "Conduct" within the Code of Ethics, changes to agenda processes with provisions to allow for roundtable item reporting and verbiage regarding roundtable item progression/presentation. Mayor Cawley stated a simple majority to forward a roundtable item to staff would make him more comfortable. Town Manager Paige stated that the purpose of a supermajority vote was to ensure that projects sent to staff for further work were adequately vetted and wanted by council. Council Member Garimella stated that he agrees with the need for a supermajority. Mayor Pro Tem Scroggins-Johnson stated that a simple majority could lead to resources being activated unnecessarily and council should be aligned prior to activating resources. Town Manager Paige stated that previously with a simple majority, a large portion of roundtable items were being passed forward to staff. Town Manager Paige stated that the requirements for “eComment” had been implemented into the Rules of Procedure along with guidelines regarding speaker decorum. Council Member Rao discussed concerns about the possibility of a speaker making comments that could be deemed out of line. Town Manager Paige stated that Rule #9 was a new section that provided guidance for compliance with public records statutes and that procedures had been added under Rule #26 to address closed sessions. Council Member Schlink asked for clarification regarding the consequences of breaking closed session meeting guidelines. Town Manager Paige stated that there was no penalty for disclosing closed session discussion. Council Member Schlink asked to present verbiage drafted by Attorney Gray to be incorporated into the Town Council Rules of Procedure. Council Member Johnson stated that council did not agree to task Attorney Gray with drafting any additional policy. Council Member Schlink stated that he only asked Attorney Gray for assistance. Town Manager Paige read the draft policy provided by Council Member Schlink, regarding engaging independent third parties to review and advise council on matters. Mayor Pro Tem Scroggins-Johnson stated that the draft was broad and could be interpreted in ways that would have unintended consequences. She stated that there were no enforceable outcomes that could be reached through third party review. Council Member Garimella stated that an independent third party would alleviate the need for Attorney Gray to represent both sides within an argument or discussion. Council Member Rao asked what this proposed addition would do differently than the procedures already in place. Council Member Schlink stated that the verbiage provides council with options. Mayor Pro Tem Scroggins-Johnson stated that council already has the authority to initiate an investigation and the verbiage would not need to be added to the policy.

11. Action Items (Continued) 11.c. Resolution Appointing Advisory Board and Committee Members

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Town Council July 23, 2019 Meeting Minutes Page 11 of 13

Council voted on term limits for those selected to serve on the Morrisville Public Education Advisory Committee.

Recess – 10:18 p.m. Reconvene – 10:30 p.m. Ms. Hudson informed council of the selected term limits for the MPEAC as follows and by consensus, council concurred that members that were not selected for three-year terms would receive two-year terms. Gabriela Freeman, District 1 Rachel Massey, District 3 Lauren Quick-Graham, District 4 Stefanie Reed, District 2 Lisa Stephenson, District 3 Lester Thomas, District 4 August 1, 2019 – July 31, 2021

Vidya Dass-Akisetty, District 1 Mark Dixon, District 2 Sarah Fuller, District 4 Elizabeth O’Connor, District 2 Renee Providence, District 1 August 1, 2019 – July 31, 2022

MOTION: Council Member Johnson made a motion to approve Resolution 2019-143. The motion was seconded by Mayor Pro Tem Scroggins-Johnson and carried unanimously. Ms. Hudson stated that council would have additional appointments to select at the August 13 meeting.

13. New Items (continued)

13.b. Resolution Authorizing the Design-Build Delivery Method for Construction of New Fire Station

Mayor Cawley invited Town Manager Paige to the podium for facilitation. Town Manager Paige described the design-build process stating that it could reduce time and project costs but must be authorized by council. She stated that further discussion would take place during the work session. Town Manager Paige notified council of the numerous staff members that would work on the project and informed council that staff would seek design-build approval at a future meeting. Mayor Pro Tem Scroggins-Johnson asked for clarification regarding the differences between the previous methods and the design-build method. She further asked if the design-build method would allow the town to recoup funds from the state faster. Town Manager Paige stated that Benjamin Howell, Long Range Planning Manager, would be able to further discuss the process and provide process clarification. Mayor Cawley asked that council relocate to the work session table.

16. Work Session

Mayor Cawley called upon Town Manager Paige, Scott Criddle, Fire Chief and Nathan Lozinsky, Assistant Fire Chief, to facilitate the discussion. Chief Criddle informed council of the urgency related to the relocation of Fire Station #2. Town Manager Paige provided context to the discussion, explaining that staff first attempted to utilize the existing parcel but found there would be cost-prohibitive mitigation required before use. Chief Criddle stated that the location selected would have to be proximate to the McCrimmon Parkway railroad crossing as it was the only crossing in District Two.

16.a. Capital Investment Program (CIP) - Fire Station # 2 Update

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Town Council July 23, 2019 Meeting Minutes Page 12 of 13

Council Member Schlink asked for clarification regarding the meaning behind the heat maps within the presentation. Chief Criddle stated that the heat maps represent all municipal calls for emergency services exceeding 5:12 drive time. Mayor Cawley stated he would like the maps to specify the type of emergency response. Chief Criddle stated that emergency responses were based upon the severity of the call and not the type of call, so certain scenarios would illicit the response of both an ambulance and a fire truck. Chief Criddle stated that the current station was operating in an unintended manner and explained that the station would need to move further west to better align with future development in District Two. Chief Criddle presented options for relocation to include: a location along McCrimmon Parkway that could be created by the grade separation project, a property currently owned by the Town of Morrisville but purchased for Church Street Park Expansion or another possible parcel impacted by the grade separation project. Mr. Howell explained that the North Carolina Department of Transportation (NCDOT) did not want the town to seek property without their involvement as NCDOT assets can be used to find a parcel. Council Member Schlink asked if the process could be expedited due to its necessity. Mr. Howell stated that the NCDOT had informed staff that they moved into the acquisition phase and will proceed to assist the town in property acquisition once they received an updated parcel plan sheet to allow them to contract an appraiser. Town Manager Paige added that the town does not know how much of the current parcel NCDOT will take, and the town most likely would be expected to assist in funding the project. Council Member Garimella stated that the amount of property purchased by the NCDOT would not matter if the purchased area rendered the remaining property unusable. He also asked if the town could partner with Wake Technical Community College to acquire property. Town Manager Paige reiterated that the location for the station was driven by the heat map. Chief Criddle presented road maps showing the coverage capability of the station in its current location compared to the proposed locations. Chief Criddle discussed the option of temporary housing for staff and equipment but stated this option should be limited. He also stated that staff would know more after a planned future discussion with NCDOT. Mayor Cawley asked if the town should investigate a second additional fire station. Chief Criddle stated an additional fire station would not be plausible at that time but could be discussed in the future. Council Member Garimella stated that less than one year ago, the town spent $500,000 on acreage near Fire Station #2. Chief Criddle stated that staff evaluated the current parcel with the added acreage for feasibility for a fire station. Assistant Town Manager Wright stated that the town would be tying in both parcels for reimbursement from NCDOT. Mr. Howell stated that the original understanding with NCDOT was that the fire station would be saved, but this prediction changed over the year. Mr. Howell stated that the town could choose to surplus the additional acreage to recoup funds as NCDOT would not purchase the entirety of the property unless necessary. Mr. Howell provided clarification on how the NCDOT plans would impact the current parcel and where NCDOT construction would be in comparison to the Fire Station. He further stated that because the land was occupied by the fire station, the NCDOT would not only have to pay for the land but would also need to pay the town for the loss of use.

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Town Council July 23, 2019 Meeting Minutes Page 13 of 13

Chief Criddle stated that even if the current parcel had land remaining for a fire station, he would still advise that the station be moved west to prepare for future development. Town Manager Paige stated that she wanted council to be aware that staff would be pursuing a design-build option for a future station. Council voiced their concern regarding option number two near Church Street Park as it would be built on a platform meant to elevate the town’s standing in the sport of cricket. Chief Criddle stated that he understood the resistance to the location near Church Street Park, but it had represented a viable location that was owned by the town. Council Member Rao stated that it appeared that the town may not be receiving fair consideration and he would like to know what could be done to escalate the discussion. Mr. Howell stated that staff had been working with various NCDOT staff members but had not yet discussed escalation. He stated that NCDOT right-of-way acquisition processes were adopted from the federal acquisition process. He stated that even though NCDOT had a set schedule, the town still holds a large amount of the control and could continue to put pressure on NCDOT. He stated that slow work on behalf of NCDOT would impact the progress of the state, more than it would impact the town.

17. Closed Session

17.a. Closed Session Pursuant to NC GS § 143-318.11. (a) (6) to consider a personnel matter. Town Manager Performance Evaluation

MOTION: Council Member Rao made a motion to enter Closed Session Pursuant to NC GS § 143-318.11. (a)(6) to consider a personnel matter. The motion was seconded by Mayor Pro Tem Scroggins-Johnson and carried unanimously. Council entered Closed Session at 11:30 p.m.

MOTION: Council Member Rao made a motion to end Closed Session and resume Open Session. The motion was seconded by Mayor Pro Tem Scroggins-Johnson and carried unanimously.

Council resumed Open Session at 11:43 p.m.

18. Adjournment MOTION: Mayor Pro Tem Scroggins-Johnson made a motion to adjourn. The motion was seconded by Council Member Schlink and carried unanimously. Mayor Cawley adjourned the meeting at 11:44 p.m.

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Town Council Agenda Item Report

Agenda Item No. 2019-199-0Submitted by: Nancy EmslieSubmitting Department Finance Meeting Date: August 27, 2019

SUBJECTERP System Replacement UpdateNancy Emslie, Finance Director and ERP Project Management Team Members

Recommendation:Receive the presentation.

Updates/History of Briefing:N/A

Executive Summary and Background Information:N/A

Potential Options:N/A

Staff Recommendation:N/A

ATTACHMENTS TownCouncil-ERPProjectUpdate-27AUG2019.pdf

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Enterprise System Project

Munis Financials|EnerGov|Munis HR & Payroll

Town Council UpdateAugust 27, 2019

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Munis Financials Update

Modules 100% Completed

• General Ledger• Requisitions/Purchasing• Accounts Payable• Accounts Receivable• General Billing• Miscellaneous Cash Receipts• System Administration• Project and Grant Accounting• Cash Management

Modules to be Completed

• Capital Assets (80% Completed)• Budget (FY2020 75% Completed)

1

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Munis Financials - Continued– Budget: FY2020 Successfully Loaded– P-Card Management

• End-User Training Completed• Active as of FY2020

– Capital Assets: Input Underway– Cash Management

• Bank Reconciliations• Import Process

– Active Net Integration Completed (New Parks and Rec Management System)– Project and Grant Accounting Module: Implemented

• Capital Projects• Grant Accounting (e.g. CDBG projects)• Special Events (e.g. SpringFest; other town programs)• Emergency Operations

2

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Project Timeline – Munis Financials

MUNIS KickoffFebruary 2018

Contract SignedNovember 2017

EnerGov KickoffJanuary 2018

Initiate/Plan; Assess & Define

Initiate & Plan; Assess & Define

Test & Train

Test & Train

Preliminary Project Acceptance - TBD

Project AcceptanceNovember 2019*

PR/Human Capital Kickoff March 2019

Initiate & Plan; Assess & Define

Project AcceptanceMarch 2020

Go Live!Aug & Sep 2019

Go Live!Dec 2018

Build & Validate

Go Live! Jan 2020

MorrisvilleTrain Station

Test & Train

Build & Validate

Assess & Define

Build & Validate

= Current Stage

3

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EnerGov• Project Internal Go-Live August 2019

– Building, validating, and testing is ongoing for each workflow configuration related to Planning, Engineering, Fire Prevention, and Inspections

– Parallel entry within EnerGov and legacy system– Customer Self Service (CSS) module validation – Coordination with external municipal partners in the use of EnerGov– Electronic plan review: additional staff training in the use of BlueBeam Revutm

– Communications Plan Under Development• General Public/Citizens• Architects, Engineers, and Developers• Contractors

4

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EnerGov• Project External Go-Live September 2019

– Customer Self Service (CSS) – Exclusively Online• Paper Free! (Online Plan Submission and Review)• Online Payments (e.g. Permits; Plans; Inspections)• Online Inspection Scheduling

– Dashboard Features• Project Status• Calendar Feature• Real Time Information

– Ongoing Coordination with external municipal partners in the use of EnerGov and BlueBeam Revutm

– Ongoing Customer Training

5

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Project Timeline - EnerGov

MUNIS KickoffFebruary 2018

Contract SignedNovember 2017

EnerGov KickoffJanuary 2018

Initiate/Plan; Assess & Define

Initiate & Plan; Assess & Define

Test & Train

Test & Train

Preliminary Project Acceptance - TBD

Project AcceptanceNovember 2019*

PR/Human Capital Kickoff March 2019

Initiate & Plan; Assess & Define

Project AcceptanceMarch 2020

Go Live!Aug & Sep 2019

Go Live!Dec 2018

Build & Validate

Go Live! Jan 2020

MorrisvilleTrain Station

Test & Train

Build & Validate

Assess & Define

Build & Validate

= Current Stage* Excluding Future EnerGov Enhancement

6

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Munis HR & Payroll

• System Configuration: Ongoing – Human Resource management (e.g. leave accruals)– Payroll management (e.g. pay types; benefits; deductions)– ExecuTime Advanced Time/Personnel management – Employee self service portal– Data imports from legacy system

• Go-Live on Track for January 2020

7

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Project Timeline – Munis HR & Payroll

MUNIS KickoffFebruary 2018

Contract SignedNovember 2017

EnerGov KickoffJanuary 2018

Initiate/Plan; Assess & Define

Initiate & Plan; Assess & Define

Test & Train

Test & Train

Preliminary Project Acceptance - TBD

Project AcceptanceNovember 2019*

PR/Human Capital Kickoff March 2019

Initiate & Plan; Assess & Define

Project AcceptanceMarch 2020

Go Live!Aug & Sep 2019

Go Live!Dec 2018

Build & Validate

Go Live! Jan 2020

MorrisvilleTrain Station

Test & Train

Build & Validate

Assess & Define

Build & Validate

= Current Stage

8

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Town Council Agenda Item Report

Agenda Item No. 2019-207-0Submitted by: Brad WestSubmitting Department Planning Meeting Date: August 27, 2019

SUBJECTLand Use Plan Work Session Follow-up - Town Center SubareaBrad West, Senior Planner

Recommendation: Receive Update

Updates/History of Briefing:N/A

Executive Summary and Background Information:Staff will confirm that council has received the information they requested at the August 13, 2019 Town Council WorkSession and provide instruction (if needed) on how to properly navigate the digital Town Center Scenario walk throughwebsite. Staff will also update council on the next steps related to the Land Use Plan - Town Center Subarea.

Potential Options:N/A

Staff Recommendation:Receive report.

ATTACHMENTS

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Town Council Agenda Item Report

Agenda Item No. 2019-106-0Submitted by: Benjamin HowellSubmitting Department Planning Meeting Date: August 27, 2019

SUBJECTConsideration of Text Amendments to the Unified Development Ordinance Related to Payment in Lieu of Constructionof Public Street Improvements:

1. Resolution 2019-106-0 of the Morrisville Town Council Pertaining to the Adoption of a Plan Consistency ReviewStatement for Text Amendments to the Unified Development Ordinance Related to Payment in Lieu of Construction ofPublic Street Improvements (AMN 19-02)

2. Ordinance 2019-106-0 of the Morrisville Town Council Approving Text Amendments to the Unified DevelopmentOrdinance Related to Payment in Lieu of Construction of Public Street Improvements (AMN 19-02)

Ben Howell, Long Range Planning ManagerBrief - August 13Public Hearing/Action - August 27

Recommendation:Approve as proposed by Town staff and recommended by Planning and Zoning Board.

Updates/History of Briefing:August 13, 2019This item was briefed at the August 13, 2019 meeting. Council asked how staff will determine if a public streetimprovement project is funded, and staff explained how the NCDOT State Transportation Improvement Program andthe Town's Capital Investment Program will be used to determine the funding status of a public street improvementproject. Staff further clarified the refundable and nonrefundable payments in lieu that will be required.

Executive Summary and Background Information:BACKGROUNDIn the 2018-2027 State Transportation Improvement Program (STIP), many street improvement projects were fundedin the Town of Morrisville, including widening on NC 54, McCrimmon Parkway and Aviation Parkway. At the 2018Town Council Retreat, staff asked Town Council for feedback and direction on amending the Unified DevelopmentOrdinance (UDO) to require Payment in Lieu of Construction of Public Street Improvements by developers when adevelopment is located on a roadway with a planned and publicly-funded street improvement project. As a result of the2018 Retreat discussion, Council directed staff to to bring back options for amending the UDO along with some prosand cons for each option. The options, including the pros and cons, were presented in September 2018. TheSeptember presentation and decision matrix presented to Council is provided as ATTH 01, and the minutes from theSeptember Work Session are provided as ATTH 02. Town Council provided staff direction to prepare textamendments to only require safety improvements for publicly-funded development, and to implement Option 2 from the

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decision matrix which requires two payment in lieus for privately-funded development - one for road improvements thatwould be refundable once road construction began and one for bicycle and pedestrian improvements.

PROPOSED TEXT AMENDMENTSStaff is proposing the text amendments to the UDO outlined in Exhibit A of ORD 2019-106-0. These amendmentswould require the following, if a proposed development was located on a street with a planned and publicly-fundedimprovement project (publicly-funded improvement project includes any projects funded in the NCDOT STIP, hasfunding allocated in the Town's Annual Operating Budget or CIP, or other projects funded by a public agency):1. Require publicly-funded developments to construct any street improvements deemed necessary by the Town orNCDOT to provide safe ingress and egress to the development. No payment in lieu of construction of public streetimprovements required. 2. Require developments funded and constructed by a non-state or local government entity to construct any streetimprovements deemed necessary by the Town or NCDOT to provide safe ingress and egress to the development. 3. Require developments funded and constructed by a non-state or local government entity to provide two separatepayments in lieu of public street improvements: - one payment in lieu for: construction of bicycle and pedestrian improvements identified in the Comprehensive Plan,streeetlights, conversion of overhead to underground utilities (if conversion is in the scope of the publicly-fundedproject), and median landscaping. - one payment in lieu of construction of public street improvements identified in the Comprehensive Plan. The paymentin lieu of construction of public street improvements would be refundable to the party making the payment onceconstruction begins on the street improvements.

Staff is also proposing amendments allowing for payment in lieu of construction of private cross access improvements. While staff has allowed these payments in lieu in the past, clarification on how these payments should be made andcalculated was needed in the UDO. This amendment includes language providing that guidance. The proposedamendments, if approved, would become effective October 1, 2019.

ADVISORY BOARD/COMMITTEE REVIEWPlanning and Zoning Board

DATE OF ADVISORY BOARD/COMMITTEE REVIEW07/11/2019

ADVISORY BOARD/COMMITTEE RECOMMENDATION AND/OR VOTE The Planning and Zoning Board (PZB) reviewed the requests at a public comment session on July 11, 2019. Nomembers of the public spoke at the meeting. The PZB recommended approval of the requests by a vote of 4-0. Onceapproved, minutes from the PZB meeting will be available online athttp://publicrecords.townofmorrisville.org/WebLink/0/fol/251672/Row1.aspx.

Potential Options:The Town Council is requested to review the proposed amendments and make a motion for:

1. Approval2. Approval with modifications3. Denial

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An application for a text amendment to the UDO is a legislative action and generally considered to be discretionary. The actual proposed text can be found attached to the Ordinance.

Staff Recommendation:Staff recommends approval of the proposed amendments.

ATTACHMENTS Peak Supplement 2019-106-0 RES UDO Text Amendment (AMN 19-02) PIL for Public Street Improvements 2019-106-0 ORD UDO Text Amendments (AMN 19-02) PIL for Public Street Improvements 2019-106-0 ATTH 01 September 2018 Town Council Presentation and Decision Matrix 2019-106-0 ATTH 02 September 2018 TC WS Minutes 2019-106-0 ATTH 03 Staff Presentation

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Updated: July 25, 2019 1 of 1

2019-106-0: Text Amendments to the Unified Development Ordinance

Related to Payment in Lieu of Construction of Public Street Improvements

Goals Objectives

Improved transportation mobility – Enhance transportation options through improved accessibility, connectivity and collaboration

☐ Obj. 1.1 Manage traffic congestion at targeted locations and targeted times of day ☒ Obj. 1.2 Leverage resources through partnerships with other government entities and private sector ☐ Obj. 1.3 Improve mobility options for non-drivers

Thriving, livable neighborhoods – Enrich the quality of life through the preservation of natural resources, well-planned development and strengthened neighborhood vitality

☐ Obj. 2.1 Provide a mix of housing options that meet the current and future needs of the community ☐ Obj. 2.2 Create a sense of place through insightful development that balances commercial and residential growth ☐ Obj. 2.3 Be responsible stewards of the natural environment ☐ Obj. 2.4 Establish a planned approach for redevelopment and revitalization ☒ Obj. 2.5 Plan and provide for current and future infrastructure

Engaged, inclusive community – Enrich the quality of life through programs, events, amenities and services valued by the community

☐ Obj. 3.1 Offer events and programs that meet the needs and interests of the community ☐ Obj. 3.2 Increase awareness of activities and opportunities for engagement ☐ Obj. 3.3 Effectively maintain assets and make the most of existing resources ☐ Obj. 3.4 Provide opportunities for meaningful public engagement and collaboration

Public safety readiness – Provide a safe and secure community through prevention, education, readiness and response

☐ Obj. 4.1 Provide educational opportunities and encourage preparedness ☐ Obj. 4.2 Be operationally ready ☐ Obj. 4.3 React responsively to the public safety needs of the community ☐ Obj. 4.4 Meet Demands for service

Operational excellence – Deliver exceptional service with an engaged workforce that effectively manages public assets and promotes transparency

☐ Obj. 5.1 Promote financial integrity through effectively and efficiently managing public assets ☐ Obj. 5.2 Deliver customer-focused service ☐ Obj. 5.3 Require the highest of professional standards ☐ Obj. 5.4 Attract, develop and retain a diverse, high performing workforce ☐ Obj. 5.5 Align priorities with resources ☐ Obj. 5.6 Leverage the use of technology to maximize results

Economic prosperity – Promote a business-friendly environment to diversify the economic base and create job opportunities for an educated, ready workforce

☐ Obj. 6.1 Attract and retain businesses that provide a diverse tax base ☐ Obj. 6.2 Support new and existing businesses by streamlining processes and minimizing complexities ☐ Obj. 6.3 Understand business needs in order to supply a ready workforce ☐ Obj. 6.4 Maximize partnership opportunities with the Morrisville Chamber of Commerce, regional and educational partners ☐ Obj. 6.5 Develop an advocacy plan to address public education needs

“Connect Morrisville” Strategic Plan Alignment

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TOWN OF MORRISVILLE * 100 TOWN HALL DRIVE * MORRISVILLE, NC 27560

Page 1 of 3

RESOLUTION 2019-106-0 OF THE MORRISVILLE TOWN COUNCIL PERTAINING TO THE ADOPTION OF A PLAN

CONSISTENCY REVIEW STATEMENT FOR TEXT AMENDMENTS TO THE UNIFIED DEVELOPMENT ORDINANCE RELATED TO PAYMENT IN LIEU OF

CONSTRUCTION OF PUBLIC STREET IMPROVEMENTS (AMN 19-02)

WHEREAS, effective January 1st, 2006, North Carolina General Statute 160A-383 requires that “when adopting or rejecting any zoning amendment” each local governing board “shall adopt a statement describing whether its action is consistent with an adopted comprehensive plan and any other officially adopted plan that is applicable, and briefly explaining why the board considers the action taken to be reasonable and in the public interest”; and WHEREAS, the Planning and Zoning Board held a public comment session on July 11, 2019 on proposed text amendments to the Unified Development Ordinance related to payment in lieu of construction of public street improvements; and WHEREAS, at the July 11, 2019 Planning and Zoning Board meeting, by a vote of 4-0, the Board forwarded a recommendation of approval on the proposed amendments to the Town Council; and WHEREAS, the proposed text amendments were presented to the Morrisville Town Council on August 13, 2019; and WHEREAS, a public hearing on the proposed amendments was held by the Morrisville Town Council on August 27, 2019; and WHEREAS, the public hearing was duly advertised in accordance with all requirements of law; and NOW, THEREFORE, BE IT RESOLVED THAT THE MORRISVILLE TOWN COUNCIL ADOPTS THE PLAN CONSISTENCY REVIEW STATEMENT BELOW:

Plan Consistency Review Statement for Proposed Text Amendments to the Unified Development Ordinance

The proposed text amendments amend the regulations related to payment in lieu of construction of public street improvements in Sections 5.8.5, 8.1.3, 8.1.4, and 8.1.5 of the Unified Development Ordinance. These revisions support the following goals, policies and guiding principles in the Town’s adopted plans:

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Page 2 of 3

Land Use Plan Goals and Policies Goal 1: Ensure a diverse development pattern that sustains livability and the environment by encouraging future development and public infrastructure that is complementary with existing development.

• Policy 1A: Promote growth and development that contributes to and builds upon the Town’s overall image as a well-planned, attractive, livable, and unique community in the Triangle Region.

• Policy 1C: Plan, develop and support vibrant, walkable gathering places at Morrisville’s historic crossroads.

Goal 2: Ensure that Morrisville retains a small town atmosphere by integrating attractively and sustainably designed communities of complementary uses.

• Policy 2A: Promote development that fosters a sense of place by improving the character of the built environment, including visually appealing buildings, streetscapes, amenities, and public spaces.

• Policy 2D: Clearly communicate the character of development that is encouraged in the Town, including land use, design and development standards, utility extensions, and transportation needs/design.

Goal 3: Improve transportation mobility by integrating land uses with transportation infrastructure.

• Policy 3B: Actively encourage pedestrian-oriented development through site design, building orientation, interconnected parking facilities, and streetscape improvements.

Comprehensive Transportation Plan Guiding Principles

• Growth and Development – make travel more efficient by coordinating transportation investments with land use decisions.

• Mobility and Accessibility – provide a balanced transportation system that makes it easier to walk, ride a bike, and take transit.

Policy Recommendations • Consider adjustments to the Unified Development Ordinance to accommodate

recommendations in the CTP. • Develop and adopt an official Town policy to guide the funding of “betterments”

associated with NCDOT projects. Connect Morrisville Strategic Plan GOAL 1: Improved Transportation Mobility – Enhance transportation options through improved accessibility, connectivity and collaboration.

• Objective 1.2 – Leverage resources through partnerships with other government entities and the private sector.

GOAL 2: Thriving, Livable Neighborhoods – Enrich the quality of life through the preservation of natural resources, well-planned development and strengthened neighborhood vitality.

• Objective 2.5 – Plan and provide for current and future infrastructure.

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Page 3 of 3

As a result, the text amendments are consistent with the Town of Morrisville’s adopted plans and are reasonable and in the public interest because they further the aesthetic and public safety interests of the Town. Adopted 27th day of August, 2019. ______________________________ TJ Cawley, Mayor ATTEST: _____________________________ Eric W. Smith II, Town Clerk

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TOWN OF MORRISVILLE * 100 TOWN HALL DRIVE * MORRISVILLE, NC 27560

ORDINANCE 2019-106-0 OF THE MORRISVILLE TOWN

COUNCIL APPROVING TEXT AMENDMENTS TO THE UNIFIED DEVELOPMENT ORDINANCE RELATED TO THE

PAYMENT IN LIEU OF CONSTRUCTION OF PUBLIC STREET IMPROVEMENTS (AMN 19-02)

WHEREAS, the Town Council directed the Planning Department to draft text amendments to the Unified Development Ordinance related to Payment in Lieu of Construction of Public Street Improvements for publicly- and privately-funded developments; and WHEREAS, among other things, the proposed amendments would require privately-funded developments to construct improvements necessary for safe ingress and egress and provide payments in lieu of construction for roadway, bicycle and pedestrian improvements when the development is located on a public street with planned and funded roadway improvements; and WHEREAS, the Town Council first discussed whether to amend the Unified Development Ordinance related to Payment in Lieu of Construction of Public Street Improvements at the Town Council Retreat on February 25, 2018 and provided guidance on the proposed text amendments to staff during a discussion at the September 18, 2018 Town Council Work Session; and WHEREAS, the Town Council and Planning Department believes these text amendments are important to ensure that all developments in Town pay their fair share of transportation improvements, and are not required to pay funds not necessary for transportation improvements; and WHEREAS, on July 11, 2019 the Planning and Zoning Board held a public comment session at which it considered the proposed amendments; and WHEREAS, at the July 11, 2019 Planning and Zoning Board meeting, by a vote of 4-0, the Board forwarded a recommendation of approval on the proposed amendments to the Town Council; and WHEREAS, the proposed text amendments were presented to the Morrisville Town Council on August 13, 2019; and WHEREAS, a public hearing on the proposed text amendments was held by the Morrisville Town Council on August 27, 2019; and WHEREAS, the public hearing was duly advertised in accordance with all requirements of law. NOW, THEREFORE, BE IT ORDAINED THAT THE MORRISVILLE TOWN COUNCIL: SECTION ONE: Hereby approves amendments to Sections 5.8.5, 8.1.3, 8.1.4, and 8.1.5 of the Unified Development Ordinance by adding the underlined text and removing the stricken text as shown in Exhibit A attached hereto.

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SECTION TWO: This Ordinance shall become effective October 1, 2019. Adopted this 27th day of August, 2019. ______________________________ TJ Cawley, Mayor ATTEST: _____________________________ Eric W. Smith II, Town Clerk

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Exhibit A

Proposed Amendments 07/02/2019

SECTION 5.8 ACCESS AND CIRCULATION

5.8.5. Developer Responsibility for Access and Circulation Improvements

A. On-Site 1. If a street is proposed within a development site, the developer shall provide roadway, bikeway,

sidewalk, and other access and circulation improvements in accordance with the standards in this section, and shall dedicate any required rights-of-way or easements.

2. If a development site includes the proposed corridor of a street designated on an adopted plan, the development shall incorporate provision of the street into the design of the development, and shall dedicate right-of-way that meets the right-of-way width standards for the street. If a transportation impact analysis shows that the development itself is expected to generate sufficient traffic to warrant design of the street as a major or minor thoroughfare (see Section 5.8.6.B, Transportation Impact Analysis), the developer shall be responsible for constructing the street (including any bikeway, sidewalk, and other associated access and circulation improvements) in accordance with this section’s standards for a major or minor thoroughfare, as appropriate; otherwise, the developer shall be responsible for constructing the street (including any bikeway, sidewalk, and other associated access and circulation improvements) to meet at least those standards required by this section for a collector street.

B. Off-Site

Unless otherwise authorized in Section 8.1.3, If a development site that fronts on and or obtains vehicular access from an existing street, the developer shall be required to dedicate additional right-of-way along the street frontage or in the vicinity of the development and to provideinstall roadway, bikeway, sidewalk, and other access and circulation improvements within the street right-of-way that are reasonably necessary to ensure the safe, convenient, efficient, and orderly accommodation of vehicular and pedestrian traffic demands and impacts generated by the proposed development. Such improvements may include, but are not limited to, turn lanes, deceleration and acceleration lanes, widening or paving of substandard roadways, medians, bikeways, sidewalks, sidewalk ramps and crossings, street lights, bus shelters, relocation of existing driveways, and the relocation or improvement of utility lines and facilities needed to accommodate street improvements. The extent of required dedications and improvements related to the abutting street shall be roughly proportional to the traffic demands and impacts generated to and along that street by the proposed development.

SECTION 8.1 PERFORMANCE

8.1.3. Payment inAlternatives in Lieu of Construction of Public Street Improvements

A. General

In lieu of providing all of the required public street improvements (including associated roadways, bikeways, and sidewalks), the developer may, with Town approval, provide payment in lieu of construction of public street improvements in accordance with the standards in Section 8.1.3. The Town may require a combination of partial payment of funds and partial dedication of constructed street improvements on determining that a combination is in the best interests of the citizens of the area to be

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Exhibit A

served. Decisions on whether or not to approve or deny these requests are made by the following review authorities:

B. Public Streets with No Funded Local, State or Federal Improvement Project Decisions on whether or not to approve or deny requests are made by the following:

1. Town Council

The Town Council decides whether or not to: waive providing payment in lieu for Town funded development applications.

a. Approve or deny requests for Type 1 Subdivision Preliminary Plat Approval or Major Site Plan Approval; and

b. Waive providing payment in lieu for Town funded development applications.

2. Planning Director

The Planning Director decides whether or not to approve or deny requests for Type 2 Subdivision Preliminary Plat Approval or Minor Site Plan Approvaldevelopment applications not funded by the Town.

C. Public Streets with Planned and Publicly Funded Improvements

1. State and Local Government Development

Major and Minor Site Plans funded and constructed by a state or local government agency are not required to construct public street improvements or provide a payment in lieu of construction of public street improvements, as required in Section 5.8.3 and 5.8.5, when the development fronts on and obtains vehicular access from a public street with a funded local, state or federal improvement project.

A state or local government agency shall be required to construct any improvements, such as turn lanes, deemed necessary by a Town or NCDOT Driveway Permit to provide safe ingress and egress to the development.

2. All Other Development

Major and Minor Site Plans funded and constructed by a non-state or local government entity shall provide payment in lieu of construction, not construction thereof, for the public street improvements, required in Sections 5.8.3 and 5.8.5, when the development fronts on or obtains vehicular access from a public street with a funded local, state or federal improvement project.

A non-state or local government entity shall be required to construct any improvements, such as turn lanes, deemed necessary by a Town or NCDOT Driveway Permit to provide safe ingress and egress to a development.

B.D. Form of in Lieu Payment

The in lieu payment shall be provided in cash or certified check from a North Carolina lender to the Town prior to Construction Plan Approval.

CE. Amount of in Lieu Payment

The amount of an in-lieu payment shall be in an amount equal to 150 percent of the estimated full cost of completing the installation of the required improvements, including the costs of materials, labor, and project management. Estimated costs for the in-lieu payment shall be itemized by improvement type and certified by the owner’s or developer’s licensed Professional Engineer and approved by the Town

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Exhibit A

Engineer. Certified estimates for payment in lieu of construction required in Section 8.1.3.C.2 shall clearly delineate costs into the following two categories:

1. Refundable:

a. Road improvements identified in the Comprehensive Plan. These include all improvements associated with the recommended cross-section such as curb-and-gutter, laneage, on-street bicycle facilities and medians.

b. All work necessary to construct the improvements identified in the Comprehensive Plan, including clearing, grading, sedimentation and erosion control, and storm drainage work.

2. Non-Refundable

a. Bicycle and pedestrian improvements, such as sidewalks and sidepaths, identified in the Comprehensive Plan.

b. Streetlights.

c. Conversion of overhead to underground utilities, if conversion is in the scope of the publicly funded project.

d. Median landscaping as identified in the recommended cross-section in the Comprehensive Plan, meeting NCDOT and/or Town requirements.

DF. Use of in Lieu Funds

1. The Town shall deposit any in-lieu payment into a special Town fund that shall be used only for the design and construction of street improvements, including associated land acquisition, that serve the occupants, residents, or invitees of the subdivision or development for which the in-lieu payment is made (though the improvements may also serve more than one subdivision or development in the area). Such activities may be undertaken by the Town, or in conjunction with the North Carolina Department of Transportation (NCDOT) under an agreement between the Town and NCDOT, or by private entity constructing a street improvement that serves the area.

2. New development funded and constructed by a non-state or local government entity shall be reimbursed the refundable in lieu payment paid in accordance with Section 8.1.3.C.1 for the amount equal to the in lieu payment upon start of the public road construction.

3. All in lieu funds utilized to construct a public road improvement shall be for the amount equal to the in lieu payment.

8.1.4. Payment in Lieu of Construction of Private Cross Access Improvements

A. General

In lieu of providing private cross access between adjoining development in accordance with Section 5.8.6.D.5, the developer may, with Planning Director approval, provide payment in lieu of construction on determining construction is not feasible without obtaining access on parcels not included in the development application. The Town may require a combination of partial payment of funds, partial installation of cross access, and/or dedication of access and construction easements.

B. Form of in Lieu Payment

The in-lieu payment shall be provided in cash or certified check from a North Carolina lender to the Town prior to Construction Plan Approval.

C. Amount of in Lieu Payment

The amount of an in-lieu payment shall be in an amount equal to 150 percent of the estimated full cost of completing the installation of the required improvements, including the costs of materials, labor, and

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Exhibit A

project management. Estimated costs for the in-lieu payment shall be itemized by improvement type, certified by the applicant’s licensed Professional Engineer, and approved by the Town Engineer.

D. Use of in Lieu Funds

1. The Town shall deposit any in-lieu payment into a special Town fund that shall be used only for the construction of cross access improvements for which the in-lieu payment is made. Such activities may be undertaken by the Town or private entity.

2. All in lieu funds utilized shall be for the amount equal to the in lieu payment.

8.1.45. Performance Guarantees

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Transportation Infrastructure and New Development

Town Council Work Session September 18, 2018

ATTH 01

Page 57: Morrisville Town Council€¦ · ☐ Obj. 6.4 Maximize partnership opportunities with the Morrisville Chamber of Commerce, regional and educational partners ☐ Obj. 6.5 Develop an

Presentation Overview

• Committed Transportation Projects

• Existing Requirements for New Development

• Public and Private Development

• Options for Consideration

• Next Steps

ATTH 01

Page 58: Morrisville Town Council€¦ · ☐ Obj. 6.4 Maximize partnership opportunities with the Morrisville Chamber of Commerce, regional and educational partners ☐ Obj. 6.5 Develop an

Committed Transportation Projects in Morrisville

ATTH 01

Page 59: Morrisville Town Council€¦ · ☐ Obj. 6.4 Maximize partnership opportunities with the Morrisville Chamber of Commerce, regional and educational partners ☐ Obj. 6.5 Develop an

Committed Transportation Projects• The Town and NCDOT have several road projects

funded over the next 7 years:– McCrimmon Parkway Extension: 2017-2019– Airport Boulevard Interchange: 2019-2021– Morrisville-Carpenter Road Widening: 2018-2019– Louis Stephens Road Extension: 2018-2019– NC 54 Widening: 2020-2022– McCrimmon Parkway Widening & Grade

Separation: 2020-2023– NC 147 Extension: 2022-2023– Aviation Parkway Widening: 2022-2025

ATTH 01

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Current Requirements for New Development

ATTH 01

Page 61: Morrisville Town Council€¦ · ☐ Obj. 6.4 Maximize partnership opportunities with the Morrisville Chamber of Commerce, regional and educational partners ☐ Obj. 6.5 Develop an

Current RequirementsTransportation PlanUnified Development Ordinance

ATTH 01

Page 62: Morrisville Town Council€¦ · ☐ Obj. 6.4 Maximize partnership opportunities with the Morrisville Chamber of Commerce, regional and educational partners ☐ Obj. 6.5 Develop an

Transportation Infrastructure Requirements• 2009 Transportation Plan:

– Most roads are recommended for widening in Transportation Plan

• Includes Aviation Parkway, NC 54, Louis Stephens Road, McCrimmon Parkway

– All roads are recommended to have curb, gutter and sidewalk (5’ wide) or multi-use path (8-10’ wide)

– Some roads have recommendations for bike lanes• Includes Aviation Parkway, NC 54, Louis Stephens

Road, McCrimmon Parkway

ATTH 01

Page 63: Morrisville Town Council€¦ · ☐ Obj. 6.4 Maximize partnership opportunities with the Morrisville Chamber of Commerce, regional and educational partners ☐ Obj. 6.5 Develop an

Transportation Infrastructure Requirements• Unified Development Ordinance:

– Frontage Improvements matching Transportation Plan

• Sidewalks, road widening, bike lanes– Intersection Improvements based on

Transportation Impact Analysis• Traffic signals, turn lanes, road re-striping

ATTH 01

Page 64: Morrisville Town Council€¦ · ☐ Obj. 6.4 Maximize partnership opportunities with the Morrisville Chamber of Commerce, regional and educational partners ☐ Obj. 6.5 Develop an

Current RequirementsNCDOT Driveway Permits

ATTH 01

Page 65: Morrisville Town Council€¦ · ☐ Obj. 6.4 Maximize partnership opportunities with the Morrisville Chamber of Commerce, regional and educational partners ☐ Obj. 6.5 Develop an

Driveway Permitting Requirements• NCDOT grants driveway permits on state-

maintained roads• NCDOT may require turn lane construction as a

condition of driveway permit approval– Focused on safety– Dependent on development and location

• NCDOT may waive turn lane requirements in certain circumstances– Generally due to cost and/or constructability factors– NCDOT does not waive turn lane requirements for

developments located on roadways with committed transportation projects

ATTH 01

Page 66: Morrisville Town Council€¦ · ☐ Obj. 6.4 Maximize partnership opportunities with the Morrisville Chamber of Commerce, regional and educational partners ☐ Obj. 6.5 Develop an

Options for Consideration: Public and Private Development

ATTH 01

Page 67: Morrisville Town Council€¦ · ☐ Obj. 6.4 Maximize partnership opportunities with the Morrisville Chamber of Commerce, regional and educational partners ☐ Obj. 6.5 Develop an

Background

• Public Development– Any development funded by a public agency– Ex: Wake County Public Schools, Wake Tech,

Wake County Library

• UDO does not differentiate between public and private development

ATTH 01

Page 68: Morrisville Town Council€¦ · ☐ Obj. 6.4 Maximize partnership opportunities with the Morrisville Chamber of Commerce, regional and educational partners ☐ Obj. 6.5 Develop an

Option 1• Treat Public and

Private Development the same– Public and Private

development would be required to provide security for transportation infrastructure

– Current requirement in UDO

• Pros– All development

treated equally– Secures funding for

improvement if NCDOT removes project funding

• Cons– May increase costs for

public development

ATTH 01

Page 69: Morrisville Town Council€¦ · ☐ Obj. 6.4 Maximize partnership opportunities with the Morrisville Chamber of Commerce, regional and educational partners ☐ Obj. 6.5 Develop an

Option 2• Treat Public and Private

Development differently – Public Development would

be required to install safety improvements (such as turn lanes)

– Public Development would not be required to provide security for transportation infrastructure

– Private Development would be required to install safety improvements and provide security for transportation infrastructure

• Pros– May reduce costs for

public development– Gives clear direction for

Public Development

• Cons– Public and Private

Developments are not treated the same

– Road frontage improvements for Public Development would not be built if NCDOT removes project funding

ATTH 01

Page 70: Morrisville Town Council€¦ · ☐ Obj. 6.4 Maximize partnership opportunities with the Morrisville Chamber of Commerce, regional and educational partners ☐ Obj. 6.5 Develop an

Options for Consideration: Transportation Infrastructure Security

ATTH 01

Page 71: Morrisville Town Council€¦ · ☐ Obj. 6.4 Maximize partnership opportunities with the Morrisville Chamber of Commerce, regional and educational partners ☐ Obj. 6.5 Develop an

Payment-in-Lieu of Construction

ATTH 01

Page 72: Morrisville Town Council€¦ · ☐ Obj. 6.4 Maximize partnership opportunities with the Morrisville Chamber of Commerce, regional and educational partners ☐ Obj. 6.5 Develop an

Current UDO Requirements –Payment-in-Lieu • Current Policy for implementing UDO

requirements:– Development is required to either construct frontage

improvements or request a Payment-in-Lieu (PIL) of construction

– Construction is required if feasible– Staff or Council decide if PIL will be accepted – PIL required to be 150% of Engineer’s Cost Estimate

of Construction – Town Council has option to waive PIL for Town

projects

ATTH 01

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Payment-in-Lieu Option 1• Require PIL instead

of Construction

– If development is located on road included in list of funded transportation projects, Town will require PIL instead of construction

• Pros– PIL used to fund betterments

on NCDOT road projects– Avoids multiple periods of

construction in one location– Gives developers clear

direction– Secures funding for

improvement if NCDOT removes project funding

– Safety improvements and improvements required by TIA would still be constructed

• Cons– Increases cost of project since

PIL is 150% of estimated infrastructure improvement cost

– Road frontage improvements not built if NCDOT removes project funding

ATTH 01

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Payment-in-Lieu Option 2• Require two PIL’s for

improvements– Roadway Improvements– Bike/Ped Improvements

• After construction of improvements begins, refund PIL for roadway improvements– Use PIL for Bike/Ped

Improvements towards Town’s Betterments costs

• Pros– Allows Town to build up fund for

betterments on NCDOT road projects

– Avoids multiple periods of construction in one location

– Gives developers clear direction– Secures funding for improvement

if NCDOT removes project funding

– Developers receive refund for roadway improvements PIL

– Safety improvements and improvements required by TIA would still be constructed

• Cons– Requires additional tracking by

staff– Road frontage improvements not

built if NCDOT removes project funding

ATTH 01

Page 75: Morrisville Town Council€¦ · ☐ Obj. 6.4 Maximize partnership opportunities with the Morrisville Chamber of Commerce, regional and educational partners ☐ Obj. 6.5 Develop an

Payment-in-Lieu Option 3• Require PIL for Bike/Ped

improvements– Town would use PIL

towards Betterments costs

• Do not require PIL or construction of road improvements– Require safety

improvements or improvements recommended by TIA to be installed

• Pros– Allows Town to build up

fund for betterments on NCDOT road projects

– Avoids multiple periods of construction in one location

– Gives developers clear direction

– Safety improvements and improvements required by TIA would still be constructed

• Cons– Road frontage

improvements not built if NCDOT removes project funding

ATTH 01

Page 76: Morrisville Town Council€¦ · ☐ Obj. 6.4 Maximize partnership opportunities with the Morrisville Chamber of Commerce, regional and educational partners ☐ Obj. 6.5 Develop an

Performance Guarantees –Transportation Infrastructure Improvements

ATTH 01

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Current UDO Requirements for Performance Guarantees• UDO requires developers to provide a

Performance Guarantee to Town for construction of public infrastructure improvements required in Construction Plan approval

• Performance Guarantee types:– Surety Bond– Cash Deposit– Letter of Credit

• Performance Guarantees must be equal to 125% of the estimated cost of construction

ATTH 01

Page 78: Morrisville Town Council€¦ · ☐ Obj. 6.4 Maximize partnership opportunities with the Morrisville Chamber of Commerce, regional and educational partners ☐ Obj. 6.5 Develop an

Performance Guarantee Option 1• Require Performance

Guarantee for Road Improvements– Performance

Guarantee would be released once improvements are constructed

• Require PIL for Betterments

• Pros– PIL used to fund betterments on

NCDOT road projects– Avoids multiple periods of

construction in one location– Gives developers clear direction– Secures improvement if NCDOT

removes project funding– Safety improvements and

improvements required by TIA would still be constructed

• Cons– Performance Guarantees

statutorily limited to 125%– Surety bonds and Letters of

Credit can expire– Requires additional tracking by

staff to ensure Performance Guarantees remain in effect

– Can be difficult for Town to receive funds from Bonds or Letters of Credit if needed

ATTH 01

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Performance Guarantee Option 2• Require Performance

Guarantee for Safety Improvements (i.e. turn lanes) not required by NCDOT Driveway Permit– Performance Guarantee

would not be required for frontage improvements

– Performance Guarantee would be released once improvements are constructed

• Require PIL for Betterments

• Pros– PIL used to fund betterments on

NCDOT road projects– Avoids multiple periods of

construction in one location– Gives developers clear direction– Safety improvements required by

NCDOT would still be constructed

• Cons– Performance Guarantees

statutorily limited to 125%– Surety bonds and Letters of Credit

can expire– Requires additional tracking by

staff to ensure Performance Guarantees remain in effect

– Can be difficult for Town to receive funds from Bonds or Letters of Credit if needed

– Road frontage improvements not built if NCDOT removes project funding

ATTH 01

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Staff Recommendation

ATTH 01

Page 81: Morrisville Town Council€¦ · ☐ Obj. 6.4 Maximize partnership opportunities with the Morrisville Chamber of Commerce, regional and educational partners ☐ Obj. 6.5 Develop an

Staff Recommendations• Public and Private Development

– Treat Public and Private Development differently• Only require Public Development to construct safety

improvements and do not require security for transportation infrastructure

• Private Development would be required to construct safety improvements and provide security for transportation infrastructure

• Transportation Infrastructure Security – PIL Option 2: Require separate PIL’s for road and

bike/ped improvements at 150% and refund PIL for road improvements after construction begins

• Requires development of tracking mechanism for issuing refunds

ATTH 01

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Next Steps

ATTH 01

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Council Direction• Staff is requesting that Council provide direction

on which option to move forward

• Staff will Prepare UDO Amendment(s) based on direction provided

ATTH 01

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PIL Options Performance Guarantee OptionsOption 1 - Require one PIL for Road and Bike/Ped Improvements

Option 1 - Require Performance Guarantee for Road Improvements and PIL for Bike/Ped Improvements

Option 2 - Require two PIL's: one for road improvements (refundable) and one for bike/ped improvements

Option 2 - Require Performance Guarantee only for Safety Improvements and PIL for Bike/Ped Improvements

Option 3 - Require one PIL for Bike/Ped Improvements

Town Council Decision Matrix - Transportation Infrastructure and New DevelopmentD

ecis

ion

#1

Public vs. Private Development

Same Requirement for Public and Private Development

Only Require Safety Improvements for Public Development

Dec

isio

n #

2

ATTH 01

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Morrisville Town Council Work Session September 18, 2018, 6:30 P.M.

1. Call to order

Mayor Cawley called the meeting to order at 6:30 p.m. Also present at the meeting were Mayor Pro Tem Scroggins-Johnson, Council Members Garimella, Johnson, Rao, Schlink, Windle, and Attorney Frank Gray. Present staff included Martha Paige/Town Manager, Todd Wright/Assistant Town Manager, Jeanne Hooks/Assistant to the Town Manager and Budget Manager, Courtney Tanner/Planning Director, Ben Howell/Long Range Planning Manager, Stephanie Smith/PIO, and Erin L. Hudson/Town Clerk.

2. Discussion Items 2.a. Capital Area Metropolitan Planning Organization (CAMPO) Presentation

on Transportation Planning and NCDOT Strategic Prioritization Process Alex Rickard, CAMPO Deputy Director, shared a background of the Metropolitan Planning Organization (MPO) creation, primary responsibilities, requirements, functions and products, and planning activities, noting that the MTP is federally mandated to be fiscally constrained, and has a regional context. The TIP is the first ten years of the MTP. He shared the STIP funding breakdown, noting the varied percentages for statewide, regional and division projects, and the various parties that have input on assigning priority points at each level. Project must be in both the MTP and STIP to be funded. Council Member Schlink asked if more funds would be funneled into other modes of transportation, such as mass transportation and Mr. Rickard responded that trends illustrate additional revenue generated by local means would fund additional road projects. He noted that funded bus rapid transit and commuter rail projects are included in the plan. Additional projects would be to extend these transit projects out further to other regions. Council Member Windle asked if municipalities could provide new or updated information outside of the four-year update period and Mr. Rickard responded that it could. He noted that the plan is constantly being reviewed and any changes incorporated have to be reflected to match in the STIP and SPOT. Council Member Rao asked about the influence of economic growth and development on the STIP. Mr. Rickard responded there were some economic development discretionary funds that did not pertain to the SPOT system, but it would not affect the current pool of funds. Funds would be reflected if the population were adjusted for the next cycle. Council Member Garimella referenced the STI prioritization chart provided by Mr. Rickard and he shared that the chart outlined project submittal rankings based on the greatest impact the project will have. Council Member Schlink asked if NC54 would be competing against NC147 and the airport, or if other Town projects would be competing, noting that secondary roads only have the opportunity to

ATTH 02

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be funded at the division level. Mr. Rickard clarified Council Member Schlink’s question related to points, noting that priority points assigned remain with a project for that round of STIP. In reference to Council Member Garimella’s earlier question related to priority points, Mr. Rickard indicated that a project would be ranked where the highest benefit would lie, but dependent on the tier and if improvement were to be made to a state-wide highway, it could be ranked a little higher. Council Member Garimella questioned if LAPP funding were increased, would that assist with division priority funding. Mr. Rickard noted that local funds were counted against division allocation funding. Council Member Rao referenced regional projects and municipal funding, and asked what impact local contributions have on project completion. Mr. Rickard noted that NC54 is a unique corridor and it, along with many other urban corridors, were impacted by recent SPOT scores. He noted that different types of projects obtain different types of scores and he is hopeful that improvements included in the NC54 and More Study will provide higher scores. His expectation is that NCDOT will take previous scores from SPOT and continue to move down the list. Mayor Pro Tem Scroggins-Johnson inquired as to when funds should be expended and expected for reimbursement of a specific project. Mr. Rickard provided the Perimeter Park to Weston Parkway Project as an example for funding and points allocation. He indicated that the NCDOT cost and technical score should have an inverse relationship, and funding would not be due from the Town until work began. Funds spent on a project prior to scoring and commitment, such as project design, are not eligible for reimbursement. Since the introduction of the SPOT program, refinements have been made to ensure fairness, and he feels that urban areas see the most challenge because there are the least amount of funds for local projects. Mayor Pro Tem Scroggins-Johnson asked if there were any options within NCDOT to promote economic development within urban areas. Mr. Rickard noted that the SPOT work group reviews economic development impacts. Council Member Windle noted the lack of north/south corridors. He asked if Cary, Morrisville and Durham could collaborate to present information and make recommendations. Mr. Rickard noted there was a limit of 100 points per project, but there was an option to donate points between MPOs. It may be more effective for jurisdictions to strategically discuss which improvement may need to occur first. Council Member Windle asked if other municipalities could co-fund road projects. Town Manager Paige noted that MOUs and interlocal agreements could always be put into place. Ben Howell, Long Range Planning Manager, noted that municipalities could approach CAMPO for a cost-share opportunity, which would increase the score for NC54. Council Member Windle inquired about the possible timeline for the NC54 widening project to be completed. Mr. Rickard indicated that cost would have less impact than the safety and technical components. Council Member Johnson shared that the previous SPOT prioritization process was unfair to the Town and the new process has garnered $250 million of road projects for the Town. Mr. Rickard reviewed the NC54 widening project and options explored for higher scoring, noting that more information should be available in Spring 2019. Council Member Schlink recommended various connections along Airport Boulevard to increase the score. Mr. Rickard noted that along the at-grade improvement, any additional improvements or right-of-way provided would potentially raise the technical score. Mr. Howell indicated that staff could work with NCDOT and CAMPO to review additional designs for NC54 and possibly another feasibility study, noting those options would push funding for NC54 further out. Mr. Rickard encouraged the Town to aim to fund the corridor in its current design and cost. Council Member Garimella questioned the location of toll entryways on the NC540 corridor, and felt that if there was an additional toll entry located earlier, motorists would be less likely to use NC54 to cut through Morrisville. Mr. Rickard indicated there were a number of other areas

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identified for toll entries and he would refer council to the NC Turnpike Authority for further clarification. Council Member Rao shared enthusiasm at the potential for breaking up the NC54 widening into smaller projects that may be more attainable. Mr. Rickard clarified that each project would need to have its own independent function and sensible construction purpose. Council Member Rao asked for follow up on the NC147 toll extension restriction to Davis Drive. Mr. Rickard noted that the original project was an extension of NC147 to McCrimmon Parkway, and the MTP now shows that alignment going to Davis Drive, which has been changed in the long range transportation plan. NCDOT is studying alternatives, but the timeline for completion is unknown at this time. Mr. Howell noted that functional design alternatives would be presented in Summer 2019. Recess- 8:26 p.m. Reconvene- 8:37 p.m. 2.b. Infrastructure Payment-in-Lieu: Private Development Frontage

Improvements on State Roads with Funded Improvement Projects Mr. Howell shared that portions of the presentation were similar to information shared at the February Town Council Retreat. He reviewed committed transportation projects in Morrisville, current requirements for new development, public and private development, options presented for consideration, and next steps. Options for Consideration: Public and Private Development Option 1- treat public and private development the same (currently in use) Option 2- treat public and private development differently Mr. Howell provided an example of a current project with Option 2, noting Wake Tech improvements along NC54. The same section is funded by NCDOT as a state project, and Wake Tech would only have to complete turn lanes and not frontage improvements. There are no other nearby communities that utilize Option 2, rather they treat public and private development the same. Courtney Tanner, Planning Director, shared that there has been a request from staff related to the Public Works facility and Wake County facility, with pending public road improvements, and there are no exceptions for public entities at this time. Council Member Johnson asked if the option would only be available if there was a publicly funded transportation project, which staff confirmed. If there was no funded project, staff responded the entity would be responsible for completing all improvements. NCDOT does have caps written into project roles whereby if a project exceeds a certain percentage, it could be reprioritized within the STIP. In response to Council Member Garimella’s question, if Option 2 were approved and allowed, there would be no widening or frontage improvements completed along NC54, until NCDOT funding was provided. Mayor Pro Tem Scroggins-Johnson indicated Option 2 may suggest effective use of funds and project sequencing, and feels it may be narrow in availability because projects would have to be initially funded by NCDOT. She questioned sidewalk installation opportunities and staff responded it would be the aim of the project to locate and install sidewalks, but that may be difficult in these scenarios. Council Member Windle inquired as to the number of public developments in Morrisville that could be affected. Staff responded that was uncertain, but two are known: Wake County Convenience Center and Public Works Facility, and future Wake Tech buildout.

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Staff confirmed for council that if a UDO text amendment was needed, the potential timeline would be three months before an effective date. Options for Consideration: Transportation Infrastructure Security (PIL, Performance Guarantee, Staff Recommendation) Option 1- Require PIL instead of Construction Option 2- Require two PILs for improvements. After construction begins, refund PIL for roadway

improvements Option 3- Require PIL for bike/ped improvements. Do not require PIL or construction of road

improvements Council Member Rao asked which option provided more safety for bike-riders, and staff responded that all options will provide betterment PIL, and allow for safe travel. Mayor Cawley questioned if PIL could be waived for public projects and staff responded they could review and determine where considerations could be made. Bonding requirements have been waived with certain public entities in projects because they have allocated funds for certain projects, while risk with private entities is unknown. Discussion ensued among council members related to public and private options and staff provided project scenarios. Council Member Rao expressed support for any option that allows the town to collect funds up front for improvements. Council Member Garimella asked if committed funds could be repurposed in another location or for another project. Staff responded that if PIL is collected for a specific use at a specific location, it must be used for that need. Parkland PIL is somewhat variable. Council Member Schlink recommended tightening of the waiver process for public and private development and he does not see any changes necessary for the PIL process as presented. Mayor Pro Tem Scroggins-Johnson supported Option 2 of treating public and private entities different, as long as projects and policy falls within legal parameters. She recommended additional clarifying language to define each situation. Options for Consideration: Performance Guarantees Option 1- Require performance guarantee for road improvements. Require PIL for betterments Option 2- Require performance guarantee for safety improvements (i.e. turn lanes) not required by NCDOT driveway permit. Require PIL for betterments Council provided consensus to move forward with the staff recommendations at this time: treat public and private development differently and PIL Option 2 requiring separate PIL’s for road and bike/ped improvements at 150% and refund PIL for road improvements after construction begins. Council Member Schlink asked for clarification on transportation infrastructure security and what is done currently. Staff responded that the current ordinance would be re-written, and two PIL’s would be required with one committed to road improvements and one committed to bike/ped projects. Council Member Schlink asked that staff modify the language for refunding PIL. Mayor Cawley questioned if any of the proposed options would remove the Town’s legislative authority. Staff responded that the options would be more convenient for developers and the public. The Town would still obtain the construction guarantee, without construction work at the time.

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Town Manager Paige provided an updated schedule for the Cricket Tournament, noting that ICC has opted to delay the start of the tournament to Thursday. She commended staff for participation efforts in coordinating and volunteering. Council Member Windle asked if there would be concessions and if local media was aware of the event. Town Manager Paige responded there would be concessions, there have been social media and news releases, but the TCL was coordinating the event and responsible for media. Council asked that event information be shared with the Town of Cary, Wake County elected officials and Legislative delegation. Council Member Windle asked staff to provide clarification about the current property owned by the town and privately held by others that would be affected by a Town Hall Drive (CCE) extension to determine the Town’s future option to build a permanent roadway connection from Town Hall Drive to Crabtree Crossing, irrespective of the inclusion in the Comprehensive Transportation Plan.

3. Adjournment MOTION: Council Member Rao made a motion to adjourn. The motion was seconded by Council Member Schlink and carried unanimously. Mayor Cawley adjourned the meeting at 9:50 p.m.

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Payment in Lieu Text Amendments(AMN #19-02)

Town CouncilAugust 13, 2019

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Background

• The Town has many planned and funded public street improvement projects that are expected to be under construction in the next 10 years– Town and State-funded

• Staff has discussed options with Town Council to allow development to provide payment in lieu of construction of public street improvements if a development is located on one of the streets where a public street improvement project is funded

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Background

• Town Council began discussion at Retreat in February 2018

• September of 2018 Town Council discussed potential text amendments to the UDO related to Payment in Lieu of Construction of Public Street Improvements– Based on planned and funded public street improvement projects

• Staff provided several options and requested direction from Town Council

• Town Council directed staff to draft the proposed text amendments to the UDO

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Existing Requirements• Implemented in 2014 with the Adoption of the UDO

• Allows a developer to request to submit Payment in Lieu (PIL) of Construction of Public Street Improvements

– Requires Town Council approval for Type 1 Subdivision Preliminary Plat Approval or Major Site Plan Approval

– Requires Planning Director approval for Type 2 Subdivision Preliminary Plat Approval or Minor Site Plan Approval

• Allows Town Council to waive PIL for Town projects

• Provides general standards and process for payment in lieu of construction

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Proposed AmendmentsSection 5.8.5• Clarifies Payment in Lieu of Construction may be considered

for “off-site” improvements, pursuant to Section 8.1.3

Section 8.1.3• Grants Planning Director authority to approve Payment in

Lieu of Construction requests if a development is located on a public street with no publicly-funded improvement project

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Proposed AmendmentsSection 8.1.3 (Continued)• Establishes payment in lieu of construction on public streets

with planned and publicly funded improvement standards:– Publicly-funded developments

• Required to construct improvements in accordance with Town or NCDOT Driveway Permit to provide safe ingress and egress

• Not required to provide payment in lieu of construction

– Privately-funded developments• Required to construct improvements in accordance with Town or

NCDOT Driveway Permit to provide safe ingress and egress• Required to provide a refundable and nonrefundable payment in

lieu of construction:– Refundable payment in lieu for road improvements identified in

Comprehensive Plan– Nonrefundable payment in lieu for bike/ped improvements,

streetlights, conversion to underground utilities (if in scope of improvement project), and median landscaping

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Proposed AmendmentsSection 8.1.3 (Continued)• Clarifies that payment in lieu funds may be used by Town, NCDOT

or by private entity• Provides for reimbursement of refundable payment in lieu• Specifies that in lieu funds used for construction will be for the

amount of the in lieu payment

Section 8.1.4 (New)• Provides process for providing payment in lieu of construction of

private cross access improvements

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Planning and Zoning Board Recommendation

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PZB RecommendationAt its meeting on July 11, 2019, the PZB took the following actions:

• Unanimously recommended approval of Resolution 2019-106-0 Pertaining to the Adoption of a Plan Consistency Review Statement for Text Amendments to the Unified Development Ordinance Related to Payment in Lieu of Construction of Public Street Improvements (AMN 19-02)

• Unanimously recommended approval of Ordinance 2019-106-0 Approving Text Amendments to the Unified Development Ordinance related to the Payment in Lieu of Construction of Public Street Improvements (AMN 19-02)

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Requested Action

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Action Item: Consistency Statement1. Consistency Statement:

As required by General Statute 160A-383, I hereby make a motion to approve Resolution 2019-106-0 Pertaining to the Adoption of a Plan Consistency Review Statement for Text Amendments to the Unified Development Ordinance Related to Payment in Lieu of Construction of Public Street Improvements (AMN 19-02) based on the following:

The proposed UDO Text Amendments are consistent with and support the following goals, policies and guiding principles in the Town’s adopted Plans:

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Action Item: Consistency Statement

Land Use Plan Goals and Policies– Goal 1 and Policies 1A and 1C– Goal 2 and Policies 2A and 2D– Goal 3 and Policy 3B

Comprehensive Transportation Plan– Guiding Principles:

• Growth and Development• Mobility and Accessibility

– Policy Recommendations:• Consider adjustments to the Unified Development Ordinance to

accommodate recommendations in the CTP.• Develop and adopt an official Town policy to guide the funding of

“betterments” associated with NCDOT projects.

Connect Morrisville Strategic Plan– Goal 1 and Objective 1.2– Goal 2 and Objective 2.5

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Action Item: Ordinance2. Approval of Text Amendments to the UDO:

I hereby move to approve Ordinance 2019-106-0 Approving Text Amendments to the Unified Development Ordinance related to the Payment in Lieu of Construction of Public Street Improvements (AMN 19-02)

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Town Council Agenda Item Report

Agenda Item No. 2019-101-0Submitted by: Courtney TannerSubmitting Department Planning Meeting Date: August 27, 2019

SUBJECTAffordable Housing Plan Joint Work Session with Planning and Zoning BoardCourtney Tanner, Planning DirectorCharles Buki and Peter Lombardi with czb, the consulting firm

Recommendation:

Updates/History of Briefing:N/A

Executive Summary and Background Information:The confluence of economic and demographic conditions—the result of trends decades in the making—has createdchallenges for some households in the regional housing market. These challenges are documented in the 2017 WakeCounty Affordable Housing Plan. Following in the footsteps of that effort, the Town of Morrisville contracted with czb,a community planning and strategy firm based in Alexandria, VA, to complete an Affordable Housing Plan for theTown. The Plan will assess housing challenges in Morrisville and recommend actions the Town, and partners acrossother sectors, can take to address affordable housing issues within the Town.

The project began in early May and is expected to conclude this fall. The scope includes analysis of existing conditions,including affordable housing needs, and recommendations to be undertaken, facilitated, or otherwise supported byTown government. The process will involve engagement with stakeholders in the community as well as a series ofdiscussions with the Town Council and the Planning and Zoning Board.

At the previous work session on May 28, 2019 , czb presented preliminary, quantitative findings on jobs, housing,population, and housing affordability. This work session will include a recap of the housing affordability analysis, surveyfindings, and potential implementation strategies. Hard copies of the presentation will be provided at the work session.

Potential Options:N/A

Staff Recommendation:The Planning Department recommends receiving information from czb and providing requested direction at the meeting.

ATTACHMENTS August 27 2019 Work Session.pdf

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Affordable Housing Plan

czb

August 27, 2019

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Agenda

• Project Overview

• Housing Affordability Analysis

• Overview of Survey Results

• Emerging Ideas for Implementation

• Questions and Discussion

2

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Project Overview

• Assess market conditions and housing need

• Evaluate Morrisville and region

• Help Town focus on specific challenges

• Recommend actions to address challenges

3

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Housing Affordability

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Analysis and Data Sources

• U.S. Census Bureau products

– Decennial Census

– American Community Survey Estimates

– County Business Patterns

– Longitudinal Household-Employer Dynamics

• MLS Real Estate Data Analysis Pending

5

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Housing is a Complex System

• Result of millions of decisions

• Government can influence but not control

• Market moves fast and is fluid

• Government often playing catch up

• Regional in nature

6

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Housing Affordability

• Affordability a function of both costs and incomes

• As incomes rise, a household can afford more

• Therefore relationship defines affordability (ratios)

• Affordable to whom?

7

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Housing Affordability (Rent)

8

Place Median Rent Median Renter Income Ratio

Boulder, CO $1,412 $38,680 27.39

Chapel Hill $1,130 $39,815 35.23

Affordable $1,000 $36,000 36.00

Durham $966 $36,560 38.16

Seattle, WA $1,377 $54,700 39.72

Raleigh $1,010 $42,168 41.75

Cary $1,133 $54,370 47.99

Morrisville $1,262 $76,975 60.99

Note: For renters, monthly housing costs are considered affordable when rent is no more than 1/36th annual household income. The perfect affordability ratio of median household income to median rent in this case would be 36. In the table, a higher ratiomeans more affordable.

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Housing Affordability (Own)

9

Place Median Value Median Household Income

Ratio

Boulder, CO $600,400 $64,183 9.35

Seattle, WA $537,800 $79,565 6.76

Chapel Hill $397,700 $67,426 5.90

Raleigh $225,000 $61,505 3.66

Durham $195,000 $54,284 3.59

Wake County $250,700 $73,577 3.41

Morrisville $304,500 $95,763 3.18

Affordable $225,000 $75,000 3.00

Note: For owners, a home is considered affordable at 3 times the household’s annual income (or a ratio of 3.0). It is not until a ratio of roughly 4 that housing costs can start to truly be considered unaffordable. In the table, a higher ratio means less affordable.

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Affordability Bottom Line

10

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Affordability Bottom Line

11

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Renters or Owners?

12

Income $0-45K $45-80K $80-100K $100K+

Workers/ Households

Elderly

Service Sector

White Collar Single Earners(e.g. teacher)

White Collar Single Earners(e.g. office)

Dual Income

High earning White Collar Single Earners(e.g. tech)

Dual income

White Collar Dual income

Morrisville Rent Rent Rent Own

Wake Co. Rent Rent Own Own

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Affordability Bottom Line

• Target markets difficult to define

• Previous discussion indicated preference for teachers and public employees

• Households with more need are more expensive to assist

• Target market may be less important than proper tools in support of projects

13

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Regional Share Analysis

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15

Disproportionate share of highest earning households

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16

Average to above average earning households

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17

Working-class households

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18

Service sector households

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Lowest income households

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Regional Insights

• Challenges and opportunities are regional

• Patterns are clear and provide lessons for the future; control land before market-rate housing demand gets there

• The best time for the region to think about affordability was 20 years ago; second best time is today

20

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Overview of Survey Results

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Survey Results

• Why do you live in Morrisville?

22

2%

3%

6%

9%

12%

15%

15%

18%

20%

0% 5% 10% 15% 20% 25%

I wanted something new

Other

Needed a place to live and landed here

Family and friends are here or nearby

I like the lifestyle and amenities

The housing was in my price range

I really like my neighborhood and neighbors

Convenient location in the region

It is close to where I work

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Survey Results

• Do you think Morrisville has an affordable housing problem?

23

59%

41%

No

Yes

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Survey Results

• How much of your pre-tax income do you spend on housing?

24

62%

34%

3%

30-50%

Less than 30%

More than 50%

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Survey Results

• How long is your commute?

25

Work at home, 14%

Less than 10 minutes, 18%

10 to 20 minutes, 26%

20 to 30 minutes,

22%

More than 30 minutes,

10%

Not currently employed,

11%

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Survey Results

• Assisting hundreds of households will cost $1-2M annually? How do you respond to this?

26

13%

37%

17%

33%

0% 5% 10% 15% 20% 25% 30% 35% 40%

This is very important and the Town should payfor this.

This is important but the Town should not pay allthe costs. The Town should pay some with the…

This is somewhat important but the Town shouldnot pay more than a small share of this.

I do not support the Town paying for any of this.

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Survey Insights

• Morrisville’s desirability = convenient location

• Commute times are not unreasonable

• It’s not universally accepted that the Town has an affordable housing issue

• Questionable appetite to spend Town money on affordable housing

27

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Emerging Ideas for Implementation

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Three Part Strategy Options

• Land

– Control sites for the future

• Regulations

– Increase site options by adjusting restrictions in some areas and potentially changing zoning in other areas

• Financial Assistance

– Down payment and rent assistance programs

29

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Three Part Strategy Options

• Given constraints, options are finite

o Land availability

o Public finances

o Private sector feasibility

• Prioritized items within control of Town government

30

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Land

• Morrisville is prime real estate in the region

• Best hedge is always ownership of land

• County classifies 800-900 acres as vacant

• Even 1% of 800 acres at 25 units/acre could result in 200 units

31

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Land

• Banking land/property is premised on taking advantage of future appreciation

• Sites could be banked, sold later for highest/best use and price, with proceeds used toward affordability

• Sites could be offered free via RFP to developers who will do affordable housing and/or mixed-use, mixed-income project

32

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Land

• Vacant/undeveloped land in zoning districts where higher residential densities are permitted

• Not all land classified vacant in proper zoning districts will be usable (open space, HOA, etc)

• Alternative: acquisition of existing properties for future redevelopment in districts where higher densities are permitted

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Page 137: Morrisville Town Council€¦ · ☐ Obj. 6.4 Maximize partnership opportunities with the Morrisville Chamber of Commerce, regional and educational partners ☐ Obj. 6.5 Develop an

Vacant Land

34

Vacant Land

Page 138: Morrisville Town Council€¦ · ☐ Obj. 6.4 Maximize partnership opportunities with the Morrisville Chamber of Commerce, regional and educational partners ☐ Obj. 6.5 Develop an

Vacant Land

35

Vacant Land on the Market

Page 139: Morrisville Town Council€¦ · ☐ Obj. 6.4 Maximize partnership opportunities with the Morrisville Chamber of Commerce, regional and educational partners ☐ Obj. 6.5 Develop an

Vacant Land

36

Vacant Land where Higher Density Housing is not Permitted by Right or Prohibited

Page 140: Morrisville Town Council€¦ · ☐ Obj. 6.4 Maximize partnership opportunities with the Morrisville Chamber of Commerce, regional and educational partners ☐ Obj. 6.5 Develop an

Vacant Land

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Limited Options Remain. Many Sites Under or Approved for Construction

Page 141: Morrisville Town Council€¦ · ☐ Obj. 6.4 Maximize partnership opportunities with the Morrisville Chamber of Commerce, regional and educational partners ☐ Obj. 6.5 Develop an

Regulations

• Regulations are flexible and sufficiently permissive in HDR, CAC, RAC, NAC districts

• Lack of site control within these districts a barrier since private sector will not deliver affordability on its own

• Potential opportunities to rezone some areas or relax restrictions in other districts where site control easier to obtain

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Page 142: Morrisville Town Council€¦ · ☐ Obj. 6.4 Maximize partnership opportunities with the Morrisville Chamber of Commerce, regional and educational partners ☐ Obj. 6.5 Develop an

Vacant Land

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Remaining vacant land would require regulatory changes

Page 143: Morrisville Town Council€¦ · ☐ Obj. 6.4 Maximize partnership opportunities with the Morrisville Chamber of Commerce, regional and educational partners ☐ Obj. 6.5 Develop an

Financial Assistance

• Down payment assistance to public employees, including teachers and first responders

• Rent subsidy paid to apartment owners in exchange for affordable rents

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Page 144: Morrisville Town Council€¦ · ☐ Obj. 6.4 Maximize partnership opportunities with the Morrisville Chamber of Commerce, regional and educational partners ☐ Obj. 6.5 Develop an

Down Payment Assistance

• Assume maximum of $30,000 per transaction

– About 10% of Morrisville median home value

• Different models to consider

– Soft second

– Forgivable with conditions

– Shared equity

• Funds can revolve due to repayments, sales, etc.

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Page 145: Morrisville Town Council€¦ · ☐ Obj. 6.4 Maximize partnership opportunities with the Morrisville Chamber of Commerce, regional and educational partners ☐ Obj. 6.5 Develop an

Rent Assistance

• Assume gap between Morrisville median rent ($1,260) and what a household can afford

• Minimum wage worker can afford $420

– Monthly gap = $840

– Annual gap = $10,000

• 2X minimum wage worker can afford $840

– Monthly gap = $420

– Annual gap = $5,000

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Page 146: Morrisville Town Council€¦ · ☐ Obj. 6.4 Maximize partnership opportunities with the Morrisville Chamber of Commerce, regional and educational partners ☐ Obj. 6.5 Develop an

Financial Assistance

43

• For $1M annually, the Town can assist

– 33 public employee buyers; or

– 100 minimum wage worker households; or

– 200 2X minimum wage worker households

• Town might also use same amount for affordability business tax abatement for those employers who pay a housing wage

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Financial Assistance

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• Hypothetical Annual Scenarios

– Two scenarios (A and B) at $500,000

– Two scenarios (A and B) at $1,000,000

Scenario Purchase Min. Wage 2x Min. Wage Total

$500K A 3 20 40 63

$500K B 10 10 20 40

$1M A 6 40 80 126

$1M B 20 20 40 80

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Financial Assistance

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• Significant details to be worked out

– Program rules

– Legal and contractual issues

– Personnel to manage

Page 149: Morrisville Town Council€¦ · ☐ Obj. 6.4 Maximize partnership opportunities with the Morrisville Chamber of Commerce, regional and educational partners ☐ Obj. 6.5 Develop an

Questions and Discussion

46

Should the Town support the following concepts in the Affordable Housing Plan:

• The idea and cost of acquiring land and holding for future affordable development?

• The idea of upzoning low-density residential land, or rezoning office or even industrial land?

• The idea of offering purchase assistance to public employees or rent assistance to other lower wage workers?

Page 150: Morrisville Town Council€¦ · ☐ Obj. 6.4 Maximize partnership opportunities with the Morrisville Chamber of Commerce, regional and educational partners ☐ Obj. 6.5 Develop an

Town Council Agenda Item Report

Agenda Item No. 2019-177-0Submitted by: Martha PaigeSubmitting Department Administration Meeting Date: August 27, 2019

SUBJECTClosed Session Pursuant to N.C.G.S. 143-318.11 (a)(6) to discuss a personnel matter - Town Manager PerformanceEvaluation (FY2020 Goals)

Recommendation:

Updates/History of Briefing:August 13 Update: Town Council reviewed individual council member ratings and comments and provided a consensusoverall rating for FY 2019. Town Council met with the Town Manager to discuss feedback and prepare fordevelopment of FY 2020 performance goals at the August 27th meeting. The evaluation process will be completefollowing the goal setting process.

Executive Summary and Background Information:The Town Manager will present her self-assessment to initiate the FY 2019 performance review cycle. The selfassessment will be provided during the Closed Session. Town Council will be provided the performance evaluationinstrument electronically following the Closed Session for completion by August 5, 2019.

A Closed Session ratings/review discussion will be scheduled for the August 13 Town Council meeting and fordiscussion of FY 2020 Goals on August 27.

Potential Options:Discuss FY 2020 Performance Goals

Staff Recommendation:Establish FY 2020 Performance Goals

ATTACHMENTS