ACTION AGENDA

Cary Town Council
Thursday, November 21, 2002
6:30 PM
Town Hall, Building A, Auditorium
316 N. Academy St., Cary, N.C.
Web Site: http://www.townofcary.org

 

Agenda Topics

 ACTION

A. COMMENCEMENT

1. Invocation

 Provided

2. Approval of the minutes of the regular Town Council meeting held October 24, 2002, and the minutes of the work session with Wake Education Partnership held on October 22, 2002.

 Approved

B. RECOGNITIONS, REPORTS, AND PRESENTATIONS

1. Recognition of the "Red Ribbon Poster Contest" winners.

 Recognized

2. Presentation by the Wake County Public School System on growth management and future plans for schools in southwestern Wake County.

 Presented
C. PUBLIC HEARINGS

1. Public hearing to consider an amendment to the zoning code to establish a Teen Advisory Board.

 Referred to 12/16/02 P&Z Board meeting

2. Public hearing to consider closing a portion of Wilkinson Avenue.

 Approved

3. Public hearing on the following annexation petitions:

a. 02-A-020: Thaddeus & June Busbice, 8.75 acres

Approved

b. 02-A-021: Wake County Board of Education, 23.79 acres

Approved

c. 02-A-022: Harold Bagwell, et.al., Rainmaker 55, LLC, and Betty Lou Ferrell, 133.74 acres

Approved

D. PUBLIC SPEAKS OUT (1 hour time limit)

 N/A

E. PLANNING AND ZONING BOARD REPORT

For Discussion

1. 02-REZ-13 / 02-LPA-09 (Bishop's Gate Planned Unit Development): Application by Evangelical Covenant Church for multiple property owners to rezone property from Residential-10 Conditional Use District and Residential-40 District to Residential Multi-Family-10 Planned Unit Development. The property contains 111.45 acres and is located south of McArthur Park, south and west of Giverny subdivision and east of Davis Drive.

 Approved

2. 02-REZ-14: Application by Thaddeus H. and June L. Busbice, property owners, to rezone property from Residential-30 District to Residential-10 Conditional Use District. The property contains 8.75 acres and is located west of Kildaire Farm Road, north of Windermere subdivision and south of Mill Pond Village.

 Approved

3. 02-LPA-10: Application by the Cary Town Council for a land use plan amendment to the Southeast Gateway Area Plan to add new development guidelines. The amendment applies to the corridor between Cary Towne Center and the Buck Jones Road area. The amendment contains new guidelines for the transition of the frontage properties in the corridor to low intensity, non-residential uses. The guidelines cover land uses, buffers and screening, access and circulation, architectural treatment, building scale, and typical development standards.

 Approved (see official minutes for additional details)

F. CONSENT AGENDA

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

a. 02-A-023: The Park at Langston, 32.42 acres

Approved

b. 02-A-024: Covington Meadows, 52.11 acres

Approved

c. 02-A-025: Eulan and Jean Wicks, 28.25 acres

Approved

d. 02-A-026: George Waldo Rood Family Trust, 80 acres

Approved

2. Consideration of adoption of resolutions directing staff to investigate the sufficiency of the following annexation petitions:

a. 02-A-027, James L. Powell, 33.7 acres

Approved

b. 02-A-028, SRI Venkateswara Temple of NC, Inc., 4.73 acres

Approved

c. 02-A-029, Cornerstone Presbyterian Church, 13.94 acres

Approved

d. 02-A-030, Colson & Colson Construction Co., et.al., 11.05 acres

Approved

3. Consideration of adoption of the tax report approved by the Wake County Commissioners on November 4, 2002.

 Approved

G. COMMITTEE REPORTS

1. Operations Committee (November 5, 2002)
Consent Agenda
1. Updates to Town of Cary Policy Statement No. 13 Street Lighting (EN03-044)
Committee recommended approval of an update to the existing Policy Statement No. 13 "Street Lighting."		 Approved
2. Bid Award – SE Cary Parkway at Lochmere Drive and SE Cary Parkway at Holly Springs Road Traffic Signalizaton Projects (EN03-045)
Committee recommended awarding a construction contract to Encompass Electrical Technologies for $186,953.		 Approved
3. Bid Award – NW Cary Parkway Water Main Connection (EN03-049)
Committee recommended awarding a construction contract to J. F. Wilkerson Contracting Company, Inc. for the NW Cary Parkway Water Main Connection project for $83,302.		 Approved
4. NCDOT Utility Agreement – Sewer Extension to Mastec–North America (EN03-50)
Committee recommended approval of a Utility Agreement to extend municipal sewer to the Mastec-North America site and an appropriation of $90,000 of State Reimbursement funding for this project.		 Approved
5. Easement Request from Bell South along Ambassador Loop Drive (EN03-053)
Committee recommended approval of a request by BellSouth for an easement for fiber optic cable along Ambassador Loop Drive.		 Approved
6. "Pluggie" the Fire Plug Donation (FD03-01)
Committee recommended that the South Hills Mall Management and Merchants be recognized by the presentation of a certificate of appreciation for their donation of a robotic miniature fire hydrant for use as an interactive learning tool to teach children about fire safety.		 Approved
7. Copeland’s of Cary Donation (FD03-02)
Committee recommended recognition of a $600 donation from Copeland’s of Cary and appropriation of the funds into the Donations/Contributions/FD account.		 Approved
8. Sam’s Club of Cary Donation (FD03-03)
Committee recommended recognition of a $600 donation from Sam’s Club to be appropriated in the Fire Department operating accounts for Fire Prevention expenditures.		 Approved
9. Reimbursement Resolution - Sewer Projects (FN03-04)
Committee recommended approval of a reimbursement resolution to declare intent to reimburse certain sewer capital expenditures with debt proceeds.		 Approved
10. Funding of a School Resource Officer for West Lake Middle School (PD03-04)
Committee recommended approval of an additional School Resource Officer for West Lake Middle School and appropriation of the following funds from General Fund-Fund Balance for this purpose.

Salary: $26,650
FICA: $2,369
Retirement: $1,514
401K: $1,548
Health Insurance: $3,384
Uniforms: $1,600
Supplies: $2,100
Laptop & Software (T.S. Account): $5,350
Capital Outlay Equipment: $9,675
Capital Outlay Vehicles: $21,000

 Approved
11. Operations Center Expansion/Renovation, Phase I Salt Structures (PWUT03-07)
Committee recommended award of the construction contract for the Operations Center Expansion Renovation Project, Phase I to L.A. Downey and Son, Inc., for $309,900.		 Approved
12. Town Hall Drive (EN03-052)
Committee recommended approval of the revised cross section of Town Hall Drive and requested that staff investigate the possibility of a multi-use path on one side as a future phase of the project.		 Approved
13. Memorial Garden at the Cary Senior Center (PR03-08)
Committee recommended partnering with Cary Senior Center, Inc. to establish a Seniors Memorial Garden at the Cary Senior Center, recognition of a $11,500 donation from Cary Senior Center, Inc. for this project, and appropriation of the funds for this purpose.		 Approved
14. Cary/Apex Water Treatment Plant Capacity/Re-rating Study (PWUT03-08)
Committee recommended that the Cary/Apex WTP Capacity/ReRating Study be accelerated to FY2003 from FY2005, said project to be funded with $350,000 in unspent FY2001 general obligation water bonds.		 Approved
For Discussion
Requirement of Separate Commercial Irrigation Meters (PWUT03-09)
Committee recommended requiring commercial customers with irrigation systems using regular water meters to convert to separate irrigation meters. Council further directed staff to investigate the feasibility of a structured process for making decisions on customers whose conversion would involve excessive hardship.		 Approved

2. Planning and Development Committee (November 21, 2002)
Consent Agenda
1. Glade Park Drive Extension - Recognition of Revenue (EN03-046A)
Committee recommended creating a capital improvements project and recognition of revenue for Glade Park Drive Extension.		 Approved
2. East Cary Middle School - Request Waiver of Road Improvements (EN03-055)
Committee recommended waiving road improvement requirements associated with site plan 02-SP-119.		 Approved
3. Harrison Properties - Request Waiver for Road Improvements (EN03-056)
Committee recommended waiving road improvement requirements associated with proposed site improvements at 607 E. Chatham Street.		 Approved
4. First Union Walnut Street - Request Payment-in-Lieu of Road Improvements (EN03-057)
Committee recommended accepting payment-in-lieu of road widening associated with proposed site improvements at 1201 Walnut Street.		 Approved
5. The Park at Westlake Subdivision Plan: Standards for Subdivision Development (PL03-032)
Committee recommended allowing the development of this proposed subdivision through Wake County and requiring annexation prior to recording lots.		 Approved
6. Northwest Area Plan Amendments to Comprehensive Transportation Plan (PL03-026)
Committee recommended modifications to the Comprehensive Transportation Plan as a result of the Northwest Cary Area Plan adoption.		 Approved
7. St. Paul's Episcopal Church - Connectivity Ordinance (EN03-060)
Committee recommended granting a waiver for interconnectivity requirements related to site plan 02-SP-132.		 Approved the waiver
8. Waldo House Preservation (PL03-027)
Committee recommended moving forward on discussions regarding the preservation of the Waldo House.		 Approved
9. The Arboretum: Implementation of Approved Concept Plan (PL03-033)
Committee recommended approval of proposed changes to the approved site plans to meet the Planned Unit Development concept Plan.		 Approved
For Discussion
Quarterly C-Tran Report and Contract Changes (PL03-029)
Committee recommended approval of staff's recommendation of the FY03 rate increase under the condition that it be temporary and be linked to achieving specific performance indicators. The committee unanimously denied staff's recommendation for penalties for no-show fees, suggesting staff look at more aggressive approaches like charging the no-show customer directly.		 Approved committee's recommendation
For Information Only
1. Implementation of the Open Space and Historic Resources Plan (PL03-028)
Report on the status of implementation of the Open Space and Historic Resources Plan (OSHRP) (FYI).		 For information only
2. Quarterly Report on Sign Violation Sticker Program and Residential Sales Summary for Cary (PL03-031)
Information regarding the first three months of the sign violation sticker program and a summary of the residential sales in Cary compared to other Wake County markets (FYI).		 For information only
3. November 2002 LDO Update (PL03-034)
Status of the on-going draft Land Development Ordinance and Zoning Map update project (FYI).		 For information only

H. OLD/NEW BUSINESS

1. First reading of the franchise agreement with Public Service Company of North Carolina.

 1st reading conducted; referred to 12/12/02 agenda for 2nd reading and action

2. First reading of a request by Time Warner Cable to transfer control of its cable television franchise agreement.

 1st reading conducted; referred to 12/12/02 agenda for 2nd reading and action

3. Consideration of approval of the Amberly developer agreement.

 Approved

4. Discussion of the MacGregor West traffic calming issues.

 Approved traffic calming devices on Chalon and portions of Versailles (phase 1); no additional devices will be installed until the success of phase 1 can be evaluated.

5. Consideration of contracting with a consultant to assist with the mayors’ task force on school assignment.

 Approved for Cary to pay up to $60,000 on a per capita basis for this consultant
6. Request to remove 01-REZ-23 from the table and forward it to the P&Z Board. Approved

I. LEGAL AND ADMINISTRATIVE ISSUES

Closed session will be called if necessary.

 Called; following closed session, the Council approved a joint purchase of property with the school system from Panther Creek (see official minutes for specific details).

J. ADJOURNMENT

 11:42 p.m.