Town Hall

Action Agenda

Cary Town Council

Thursday, September 11, 2003

6:30 PM

Town Hall, Building A, Auditorium

316 N. Academy St. , Cary , N.C.

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. Call to Order	Provided
2. Ceremonial Opening	Provided
B. CONSENT AGENDA
1. Regular Consent Agenda (any regular consent agenda item pulled for discussion will be discussed at the beginning of the old/new business portion of the agenda)
a. Consideration of adoption of a certificate of sufficiency and a resolution calling for a public hearing on annexation 03-A-04, Upchurch Family Limited Partnership, 1.39 acres.	Approved
b. Consideration of adoption of a resolution directing staff to investigate the sufficiency of annexation 03-A-05, Thomas E. & Sandra C. Stammely, Phyllis Gale Dickerson, and Amy E. Huggins Pike, 18.58 acres	Approved
c. Approval of the minutes of the regular Town Council meeting held August 28, 2003 .	Approved
2. Planning and Zoning Board Consent Agenda (any planning and zoning board consent agenda item pulled for discussion will be discussed at the beginning of the planning and zoning board’s discussion portion of the agenda)
a. 03-REZ-06, Heartland Rezoning: Application of Jerry Turner and Associates for Heartland Durham Cary Limited Partnership to rezone property from Planned Employment Center Conditional Use to Residential Multi-Family Conditional Use. The proposal would allow for a maximum of 350 multi-family units. The property contains approximately 36.95 acres and is located just southwest of Highway 55 and north of Panther Creek PUD.	Approved
3. Operations Committee consent agenda, September 2, 2003 (any committee consent agenda item pulled for discussion will be discussed at the beginning of the committee discussion portion of the agenda)
a. Consent Agenda
(1) FY03 Developer Agreement Update and Annual Reimbursements (EN04-006) Committee unanimously recommended reimbursements by the Town in accordance with the Transportation Development Fee Ordinance and current developer agreements.	Approved
(2) Update to the Town’s Wastewater Collection System Master Plan (EN04-010) Committee unanimously recommended adoption of an update of the Town’s Wastewater Collection System Master Plan.	Approved
(3) Bid Award – North Cary Water Reclamation Facility Expansion to 12 MGD (EN04-012) Committee unanimously recommended that the low bidder, Adams Robinson Enterprises, be awarded the construction contract for the North Cary Water Reclamation Facility Expansion to 12 MGD project for $9,287,500 including the base bid and Alternate No. 3.	Approved
(4) Temporary Barricade for Dead End Roads – Standard Detail Revision (EN04-015) Committee unanimously recommended revising the standard detail for temporary dead end road barricades.	Approved
(5) Task Force Recommendations for the High House and Jenks Carpenter Road Intersection Realignment Project Design Services Contract (EN04-017) Committee unanimously recommended awarding the design services contract for the High House and Jenks Carpenter Road Intersection Realignment Project to Wilbur Smith Associates for $308,330.	Approved
(6) Request for Easement Release at 1606 Tarbert Drive (EN04-021) Committee unanimously recommended approval of a request to release an easement at 1606 Tarbert Drive.	Approved
(7) Memorandum of Agreement with the Cities of Raleigh, Chapel Hill , Durham, and Cary for a Joint Urban Search and Rescue Team (FD04-01) Committee unanimously recommended approving the memorandum of agreement with Raleigh, Chapel Hill, and Durham for a joint Urban Search and Rescue Team.	Approved
(8) Request for approval of Local Law Enforcement Block Grant Funding (PD04-003) Committee unanimously recommended acceptance of $15,546 in Federal Block Grant funds and appropriation of $1,727 in Town matching funds from the General Fund. All monies will be placed in an interest bearing trust account for expenditure in the purchase of the following equipment: Geographic Profiling System software for crime analysis (software account) Binoculars for patrol vehicles (small equipment and furniture account) LED traffic wands for patrol vehicles (small equipment and furniture account) Digital camera for Traffic Unit (small equipment and furniture account)	Approved
(9) Prohibited Parking on Kildaire Farm Road (PD04-004) Committee unanimously recommended the prohibition of parking during certain hours on Kildaire Farm Road in front of Cary Elementary School .	Approved
(10) Thermal Biosolids Dryer – Authorization for staff to proceed with a preferred alternate bidding format (PWUT04-05) Committee unanimously recommended authorizing staff to establish a bidding process for construction of the Thermal Biosolids Dryer project that lists specific manufacturers as suppliers for the drying/dewatering equipment.	Approved
(11) Town of Cary School of Government (AD04-002) Committee unanimously recommended that the School of Government be held annually in the fall with the next session to be held fall 2004.	Approved
(12) Town Hall Expansion Project (EN04-020) Committee unanimously approved architectural building finishes and proposed furniture.	Approved
(13) Operations Center Expansion/Renovation, Phase 2 Bid Award (PWUT04-04) Committee unanimously recommended bid award for construction of the heated equipment storage facility phase of the William Garmon Operations Center Expansion/Renovation Project to the low bidder, Recon Corporation, for $312,700.	Approved
(14) Thomas Brooks Park Design: USA Baseball Project (PR04-08) Committee unanimously recommended approval of the master plan design for the USA Baseball National Training Center at Thomas Brooks Park.	Approved
b. For Information
(1) Cary Parkway Extension (EN04-016) Information regarding the approved Cary Parkway roadway alignment from North Harrison Avenue to Trinity Road	FYI only; no action required
C. RECOGNITIONS, REPORTS, AND PRESENTATIONS
1. Recognition of Cary’s celebrity families from “Trading Spaces Family.”	Recognized
2. Report from the Ethics Committee, and recommendation to refer discussion of the report and possible action to the September 23, 2003 council agenda.	Directed staff to schedule a work session to allow Attorney John Cooke the opportunity to make a presentation
D. PUBLIC HEARINGS
1. 03-REZ-11, Cary Park Planned Development District Amendment: Application by Jerry Turner and Associates, Inc., for Panther Creek Raleigh Limited Partnership, to amend the Cary Park Planned Development District (PDD) Major. The proposal is to reduce the 100-foot common open space along the Yates Store Road to 30-foot streetscape and to delete the 25-foot common open space along the adjacent western and northern property boundaries if portions of the subject property develops in conjunction with the adjoining properties. The property contains approximately 20.83 acres and is located on the Yates Store Road and Frontage Drive .	Referred to 11/17/03 Planning and Zoning Board meeting
2. 03-REZ-12, Bishop’s Gate Planned Development District Amendment: Application by Withers and Ravenel, for Joe Jenkins, Centex Homes, contract purchaser to amend the Bishop’s Gate (PDD) Major. The proposal is to add the parcel belonging to Terry B. Witt to the Planned Development District. This amendment suggests 71 additional dwelling units as detached residential on 11.72 acres and attached residential on 3.71 acres. The proposal also includes 10.31 acres of open space. The property contains approximately 25.21 acres and is located on the east side of the Davis Drive and Forget Me Not Road.	Referred to 11/17/03 Planning and Zoning Board meeting
3. 03-REZ-13, Forest Oaks Planned Development District Major: Application by Withers & Ravenel, Inc., for Glenn Futrell, Allen & Theresa Phillips, Richard Alan Paton, F. Joseph Gossman, Glenn Futrell & Jihad Libbus, Willam & Joan Yates, William Yates & Jeanette Cash, owners, to rezone properties from R-40 and RA40 (Chatham County) to Planned Development District (PDD) Major. The proposal would allow for 600 dwelling units (185.97 acres for Detached Residential and on 12.57 acres for Attached Residential.) The proposal also includes 50.86 acres dedicated to open space, 64.73 acres dedicated to School, Church complex, 2.48 acres for Daycare. More details on the proposal can be obtained from the Cary Planning Department during regular business hours. The property contains approximately 337.49 acres and is located on the Wake and Chatham County border by the intersection of Yates Store Road and Green Level Church Road .	Public hearing continued to 10/23/03
4. Case 03-AC-002, Parkway Pointe Activity Center Concept Plan, Kilarney Pointe: The applicant, Hugh J. Gilleece and Associates, representing the property owner, Insignia Development, Inc., has requested approval of an Activity Center Concept Plan to construct approximately 300 nursing home and apartment units in five 2- and 3- story buildings. The plans also propose an 8,000 square foot 2-story office building containing 4,000 square feet of office space and 4,000 square feet of commercial space. The number of nursing home units would not exceed 80,000 square feet. The Activity Center Concept Plan includes an alternative land use designation that allows the maximum number of units to be increased from 240 to 300 units. The property is located southwest of Southwest Cary Parkway , approximately 300' south of the intersection of Old Apex Road and Southwest Cary Parkway . The property contains 13.61 acres and is zoned Office, Research and Development Conditional Use (ORD CU).	Public hearing continued to 9/23/03
5. Public hearing and consideration of approval of annexation 03-A-03; Jesse & Renee Spell, 1.96 acres.	Denied annexation petition; gave staff the authority to enter into an annexation agreement
E. PUBLIC SPEAKS OUT (one hour time limit)	N/A
F. PLANNING AND ZONING BOARD REPORT (discussion items)
1. 03-SB-004, Powell Tract, subdivision plan	Tabled until 10/9/03
2. 03-REZ-02/03-LPA-01, Preston PDD Amendment: Application by Everett S. and Shelby D. Scott for Prestonwood Country Club, owner to amend the Preston PUD to recombine a portion of the open space to a single-family lot. The Property is zoned Planned Development District (PDD) and contains 4,555 square feet of area to be amended. The property is located north of Hogan’s Valley Way approximately 750 feet northeast of the intersection of Hogan’s Valley Way and Hillsdorf Court .	Approved
3. 03-REZ-03/03-LPA-02, Weston PDD Amendment: Application by Withers & Ravenel, for Highwoods Realty Limited, owners, to amend Weston PUD to allow the construction of 72 single family dwelling units on property currently designated as office development. The property is zoned Planned Development District (PDD) and contains 23.45 acres proposed for rezoning. The property is located to the west of Norwell Boulevard approximately 600 feet south of the intersection of Norwell Boulevard and Weston Parkway. .	Approved
4. 03-REZ-04/03-LPA-03, Highcroft PDD Amendment: Application by Jerry Turner and Associates, Inc., for Robert and Jaellen Jungers, Trustee, owners, to rezone property from Business-2 Conditional Use to Planned Development District (PDD) Amendment. The proposal would allow for the addition of 64 single-family units. This property is proposed to be added to the currently approved Highcroft PUD. The property contains approximately 13.87 acres and is located just south of Green Hope School Road and north and east of the current Highcroft Planned Unit Development.	Approved
5. 03-REZ-05, Carpenter Upchurch Rezoning: Application by Withers and Ravenel for William Upchurch, owner, to rezone property from Residential-40 to Residential-8 Conditional Use. The proposal would allow for approximately 25 single-family units. The property contains approximately 10.5 acres and is located just east of Carpenter Upchurch Road and west of Louis Stephens Drive .	Approved
G. COMMITTEE REPORTS (discussion items)
Operations Committee, September 2, 2003
Proposal to Establish Wake Center for School Leadership (AD04-004) Committee recommended that the full council discuss this item. Mr. Weinbrecht wanted the council to consider the project further; Ms. Robinson did not want to consider the project.	Did not approve funding; Council Member Dorrel and Town Manager Coleman will continue to work with Wake Education Partnership on opportunities to work together on this endeavor
H. OLD/NEW BUSINESS	N/A
I. LEGAL AND ADMINISTRATIVE ISSUES
Closed session will be called if necessary.	N/A
J. ADJOURNMENT	9:48 p.m.