ACTION AGENDA

Cary Town Council
Thursday, August 8, 2002
6:30 PM
Town Hall, Building A, Auditorium
316 N. Academy St., Cary, N.C.
Web Site: http://www.townofcary.org

Council meetings are broadcast live the night of the meeting at 6:30 p.m. and are rebroadcast the Friday following the meeting at 7:30 a.m., the Saturday following the meeting at 7:30 p.m., and the Sunday following the meeting at 3 p.m.

 

Agenda Topics

Action

A. COMMENCEMENT

  

1. Invocation

Provided

2. Approval of the minutes of the regular Town Council meeting held July 11, 2002.

Approved

B. RECOGNITIONS, REPORTS, AND PRESENTATIONS

  

1. Congratulations to the Robinson family.

Provided

2. Report on the Traveler Information System.

Approved real time system map, static CCTV images on internet, real time video on public TV, telephone service to be integrated with Cary's 24-hour town hall or regional 511
C. PUBLIC HEARINGS  

1. 02-REZ-10 / 02-LPA-06: Request by Elam, Todd, d’Ambrosi on behalf of the property owners, Morrisville Ten Limited Partnership, to rezone property from Planned Employment Center District to Residential Mixed Conditional Use District. The property contains 58.47 acres and is located north of Morrisville-Carpenter Road and Ridgemont Subdivision and south of Downing Glen Subdivision.

Forwarded to 9/24/02 P&Z meeting

2. 02-REZ-11 / 02-LPA-07 (Weston PUD amendment): Request by Jerry Turner and Associates, Inc., on behalf of the property owners, Raleigh Properties Group II, LLC, to amend the conditions of the Planned Unit Development (PUD) document. The property is zoned Planned Employment Center District, contains 20.93 acres, and is located east of Chapel Hill Road and north of Weston Parkway.

Forwarded to 9/24/02 P&Z meeting

D. PUBLIC SPEAKS OUT (1 hour time limit)

See official minutes

E. PLANNING AND ZONING BOARD REPORT

Consent Agenda

  

02-SP-045, Matthews House, site plan

 Approved

For Discussion

  

02-REZ-07 / 02-LPA-04 (Cary Park PUD): Application by Jerry Turner and Associates on behalf of the owner, Panther Creek Raleigh Limited Partnership, to amend the conditions of the Residential-40 Planned Unit Development. The property contains 57.50 acres and is located south of Panther Creek Parkway, west of Cary Glen Boulevard and Green Level Durham Road.

  Approved with following conditions: (1) residential structures will be set back a minimum of 20 feet from the right-of-way of Cary Glen Blvd., (2) 172 single family dwelling units (increase of 20 units); however, no increase for the maximum number of dwelling units for Cary Park, (3) removed the 15% senior housing requirement; 15% of the housing stock will be affordable, will include a variety of housing types, will be located among the 4 pods, and 50% of the affordable requirement will be for-sale units; written reports will be provided to the Town. The site plan must go through the council approval process.

F. CONSENT AGENDA

  

1. Consideration of adoption of certificates of sufficiency and resolutions calling for public hearings on the following annexation petitions:

a. 02-A-008, Sung Wan & Chong Kim, 2.66 acres

Tabled indefinitely

b. 02-A-012, James & Peggy Maynard and Henry Franklin, et.al., 20.91 acres

Approved

c. 02-A-013, TIC of Apex, LLC, 0.94 acre

Approved

d. 02-A-014, Elwood & Ridgeley Peters, 0.48 acre

Approved

2. Consideration of approval of the tax report adopted by the Wake County Commissioners on July 8, 2002.

Approved

3. Consideration of deleting area R-7 from the involuntary annexation study area.

Approved

G. COMMITTEE REPORTS

  

1. Planning and Development Committee (July 18, 2002)
Consent Agenda
1. Abandoned Vehicles: Code Amendment (PL03-001)
Committee recommended adopting an amendment to the Code of Ordinances to reflect shift in responsibility with regards to abandoned vehicles. 		Approved committee recommendation
2. Walnut Street Corridor Transitional Guide (PL03-02)
Committee recommended setting a public hearing for an amendment to the Southeast Gateway Plan to add new development guidelines. 		Public hearing to be conducted 8/22/02
3. Illegal Portable Sign Sticker (PL03-003)
Committee recommended approving the proposed stickers to be attached to illegal portable signs. 		Approved committee recommendation
4. Presentation of Town Center Park Program Development Project (PR03-02)
Committee recommended approving the design program for the proposed Town Center Park after review by the Parks, Recreation and Cultural Resources Advisory Board and the Town Center Area Plan Advisory Committee. 		Approved committee recommendation

2. Operations Committee (August 6, 2002)
Consent Agenda
1. Consideration of Extension of Existing Cable TV Franchise Agreement (AD03-02)
Committee recommended holding a public hearing on August 22, 2002 and then extending existing Cable TV franchise agreement for one year. 		Public hearing to be conducted on 8/22/02
2. Street Lights (EN03-019)
Committee recommended approval of funding for street lights in various previously-developed areas of town. 		Approved committee recommendation
3. Public Service Company Encroachment Agreement (EN03-022)
Committee recommended approving an encroachment agreement with Public Service Company of North Carolina for construction of a retaining wall. 		Approved committee recommendation
4. Greenhope High School Budget Transfer (EN03-024)
Committee recommended transferring funds to pay off balance owed to Wake County Public School System on this joint construction project. 		Approved committee recommendation
5. Request to Consider a Right of Way Closing – Ferrell Street (EN03-026)
Committee recommended approving the concept of closing a portion of Ferrell Street right of way. A public hearing will be required in the future. 		Approved the concept
6. Buffalo Tract – Sanitary Sewer Reimbursement Contract (EN03-027)
Committee recommended approving a contract for easement dedication value on the Buffalo tract. 		Approved committee recommendation
7. Resolution of Condemnation – 2001 Utility Upgrades Project – Gray Street Sanitary Sewer Replacement (EN03-028)
Committee recommended of adopting a Resolution of Condemnation. 		Approved committee recommendation
8. Certificates of Participation Resolution (FN03-01)
Committee recommended holding public hearing on  August  22, 2002 regarding a proposed installment financing contract. 		Public hearing to be conducted 8/22/02
9. Reimbursement Resolution – Aerial Ladder Platform Trucks and Fire Pumpers (FN03-02)
Committee recommended approving a reimbursement resolution to declare intent to reimburse expenditures with debt proceeds. 		Approved committee recommendation
10. Prohibited Parking on South Academy Street (PD03-001)
Committee recommended approval of the addition to the current Prohibition of Parking in designated places to include a portion of South Academy Street. 		Approved committee recommendation
11. Recommendation of Proposed Gateway Public Art Location at the Corner of Academy Street and Chapel Hill Road (PR03-04)
Committee recommended accepting a gateway public art project location on Town Hall campus. 		Approved committee recommendation
12. Recognition of U.S. Environmental Protection Agency Grant Funding for Vulnerability Assessment for large drinking water utilities (PWUT03-01)
Committee recommended accepting $115,000 in grant funding from the U.S. Environmental Protection Agency. 		Approved committee recommendation
13. Site Obstruction Removal at the entrance sign of Magnolia Woods Subdivision (PWUT03-02)
Committee recommended removal of a site obstruction at the intersection of Magnolia Woods Drive and Penny Road.		 Approved committee recommendation
14. Policy Statement 124 (Traffic Calming Criteria and Guidelines) and Standard Procedure 111 (Traffic Calming) (EN03-025)
Committee recommended accepting revisions to the Policy and Standard Procedure. 		Approved committee recommendation
15. Waldo House Preservation Request (PL03-006)
Committee directed staff to proceed with communication with Capitol Area Preservation and the First United Methodist Church and gather more information about preservation options. 		Approved committee recommendation
For Discussion 
1. Water Service Extension to Stonerose Circle (EN03-14)
Committee Members Smith and Robinson recommended extending water service to Stonerose Circle, however Council Member Weinbrecht disagreed with the extension. 		Approved the extension of water service to Stonerose Circle
2. Upchurch Farms – Request for Modification of Original Subdivision Plan Approval Condition (EN03-016)
Committee unanimously recommended denial of the modification of the subdivision plan approval condition associated with the Upchurch Farms development (98-SP-027-SK). Following the Operations Committee meeting, the applicant requested that this item be tabled and referred to the September 19, 2002 Planning and Development Committee meeting to allow them time to modify the request. 		Tabled and referred to 9/19/02 Planning & Development Committee
3. Request to Sell Real Property via Upset Bid – 0.26 Residual property acquired at 2708 Walnut Street (EN03-020)
Committee directed staff to research the issue of the future development of this property and potential conflicts with development regulations. 		Approved the sale of real property via upset bid
4. Political Programming on Cary TV (AD03-001)
Committee accepted staff's recommendations to Section VIII of the Government Access Channel Policy regarding candidate forums. 		Approved
5. Cary Parkway Extension from N. Harrison Avenue to Trinity Road (EN03-023)
Committee recommended that this item be forward to Council for further discussion. 		Approved Alternate C as shown on the map (per staff's recommendation); Council also directed the following: (1) staff to work with engineers on curb & gutter, (2) roadway will have limited access, (3) preferred 45 mph & straighter road, but authorized 40 mph in the event sharper curves are unavoidable, (4) road will not impact Dublin Woods subdivision, (5) roadway should maintain a parkway feel only to save trees, (6) roadway will have street lighting
6. Golf Feasibility Study Project (PR03-03)
Committee recommended approval of the Golf Feasibility Study and recommended that the feasibility study be continued.		 Approved
7. Governor's Call for Water Use Restrictions (PWUT03-003)
Committee recommended changes to staff's proposed three-phased approach for water use reduction in response to the governor's call for 20 percent reduction. Committee recommended that Phase 1 consist of eliminating all irrigation on Thursdays and Fridays, in addition to the existing restriction on Mondays, and restricting non-residential irrigation to one day a week. Phase 2 would ban all non-residential irrigation and Phase 3 would ban all irrigation, residential and non-residential. 		Approved phase 1
For Information
Transit Planning Coordinator (PL03-008)
Committee directed staff to delay this request until a quarterly report of transportation usage statistics could be provided to Council in late September or early October. 		Directed town manager to take whatever steps are necessary to take advantage of federal money

H. OLD/NEW BUSINESS

  

N/A

 N/A

I. LEGAL AND ADMINISTRATIVE ISSUES

  

Closed session will be called if necessary.

 Called; following closed session, Council voted to appeal the Board of Election decision about the $4,000 contribution limit to superior court.

J. ADJOURNMENT

 11:42 p.m.