ACTION AGENDA

Cary Town Council
Thursday, December 12, 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 November 21, 2002; minutes of the work session with members of the Wake County School Board held on November 21, 2002; minutes of the financial work session held on November 19, 2002; minutes of the amphitheatre work session held on November 19, 2002; minutes of the joint Council and Planning and Zoning Board meeting held on December 2, 2002.

Approved

B. RECOGNITIONS, REPORTS, AND PRESENTATIONS

  
1. Update on debris collection.

Updated; $800,000 transferred from general fund contingency to the storm clean-up account

2. Presentation by the United States Olympic Committee.

Presented

3. Presentation by the Economic Policy Commission regarding their proposed strategic plan.

Presented; approved the guidelines with the changes recommended by council (see official minutes); approved the name change to Economic Development Commission; directed staff to include the commission in the economic development activities of the town
4. Update on the National League of Cities 2002 Congress of Cities and Exposition.

Presented
C. PUBLIC HEARINGS  

1. 02-REZ-18 (Highland Village PUD): Application by the property owners, DHIC, Inc., requesting an amendment to the Planned Unit Development (PUD), which will amend the mix of housing types within the project. The property is 17.96 acres and is located on High House Road, just east of the CSX Railroad right-of-way, across from Cary Plaza (near the intersection of High House Road and Old Apex Road).

Referred to 1/21/03 P&Z meeting

2. 02-REZ-19 / 02-LPA-11 (Lowe’s Home Center): Application by Lowe’s Home Centers, Inc., for the property owners, Harry Stephenson and George H. Jordan III, requesting an amendment to the Planned Unit Development (PUD) and the land use plan. The property is 24.897 acres and is located at the northeast corner of NW Maynard Road and Chapel Hill Road.

Public hearing continued to 1/23/03

3. 02-REZ-20 (Lochmere Pavilion PUD): Application by Lochmere Pavilion, LLC, for the property owner, Azad Atashi, requesting an amendment to the Planned Unit Development. The property is 4.40 acres and is located at 2425 Kildaire Farm Road.

Referred to 1/21/03 P&Z meeting

4. 02-REZ-21: Application by Jerry Turner and Associates for the property owners, Eulan and Jean Wicks, to rezone property from Residential-40 (Wake County designation) to Residential-8 Conditional Use. The property is 25.82 acres and is located on the west side of Davis Drive, south of the entrance to the Sherwood greens Subdivision.

Referred to 1/21/03 P&Z meeting

5. Major Special Use 02-MSU-013: Request by the applicant, OBS landscape architects, a site design firm representing the property owner, Steve Wenger, seeking a major special use in order to construct a deli restaurant within an existing building located at 3500 Gateway Centre Boulevard. The property is zoned Planned Employment Center (PEC). According to Section 8.16.4(a) of the Cary zoning code, restaurants located with the PEC zoning district are allowed as a major special use with Town Council approval.

Approved

6. Public hearing to consider adopting the following annexation petitions:

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

Tabled until 1/23/03

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

Tabled until 1/23/03

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

Tabled until 2/13/02

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

Approved

D. PUBLIC SPEAKS OUT (one hour time limit)

 See official minutes

E. PLANNING AND ZONING BOARD REPORT
Consent Agenda
Consideration of adoption of the Community Appearance Manual. Approved

For Discussion

  

1. 02-REZ-15 (Glenkirk Planned Unit Development): Request by Jerry Turner and Associates, Inc., for the owners, George Waldo Rood Family Trust, to rezone property from Residential-30 District to Residential-30 Planned Unit Development. The 79.12-acre property is located north of the Weatherstone Planned Unit Development and NW Maynard Road, south of Preston Reserve Apartments and James Jackson Avenue, and east of NW Cary Parkway.

 Approved

2. Consideration of adoption of a zoning code amendment to add trade schools as a use to the Office and Institutional and Business-2 Districts and to modify the definition for trade school and college.

 Approved option 2 (all colleges/trade schools will require major special use)

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-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

2. Second reading and consideration of adoption of the franchise agreement with Public Service Company of North Carolina.

Approved

3. Consideration of adoption of the 2003 calendar year meeting schedule for Council, Committees, and Boards/Commissions (including council liaisons).

Approved

G. COMMITTEE REPORTS

  

Operations Committee (December 3, 2002)
Consent Agenda
1. Bid Award – Sewer Rehabilitation Project (EN03-063)
Committee unanimously recommended to award the bid to American Water Services, Inc., for $717,301.		 Approved
2. SafeLight Cary - Selection of a Company to Install and Operate an Automated Red Light Enforcement Program (EN03-064)
Committee unanimously recommended that an engineering contract for installation and operation of the SafeLight Cary system be awarded to Redflex Traffic Systems at the "per citation" fee schedules provided in their proposal; that Council grant the Town Manager authority to establish a non-judicial administrative hearing panel composed of Town employees; and that costs of operating the system be addressed as a part of the FY04 Operating Budget process.		 Approved
3. 2003 Street Improvements Project (EN03-65)
Committee unanimously recommended approval of the list of streets for the 2003 Street Improvements Project.		 Approved
4. Right of Way Closings of Highcroft Drive and a portion of Sears Farm Road AND a Sanitary Sewer Easement Abandonment (EN03-067)
Committee unanimously recommended to schedule a public hearing for January 23, 2003 to consider closing this right of way. They also unanimously recommended approval of the request to abandon the sanitary sewer easement.		 Approved request to abandon sanity sewer easement; scheduled a public hearing for 1/23/03 for the right-of-way closing request
5. Ambassador Loop Easement (EN03-068)
Committee unanimously recommended approval this request and recommended that the Mayor execute the appropriate easement deed.		 Approved
6. Resolutions of Condemnation – Sears Farm Road Construction Project (EN03-069)
Committee unanimously recommended approval of the Resolutions of Condemnation for the Sears Farm Road Construction Project and recommended that the Mayor execute the appropriate documents.		 Approved
7. Request by CP&L to Modify Language within a Sanitary Sewer Easement (EN03-070)
Committee unanimously approved the request by CP&L to change the language and format of a sanitary sewer easement.		 Approved
8. Workers' Compensation Self-insurance Fund - Receipt of Revenue (HR03-01)
Committee unanimously approved the request to recognize $176,326 from Midwest Employers Casualty Company for appropriation to the Workers Compensation Self-Insurance Fund to be used for expenditures in the current budget.		 Approved
9. Expenditure of State Controlled Substance Tax Funds (PD03-005)
Committee unanimously recommended that $16,000 in funds awarded to the department as a result of drug enforcement activity be recognized and authorized for the purchase of a Bloodhound Tracking System and related surveillance equipment. The revenue source is the State Controlled Substance Tax Account. The funds shall be placed in the following accounts:
Telephone Account: $ 350
Capital Outlay – Equipment: $15,650		 Approved
10. Prohibited Parking on the south side of Dry Avenue (PD03-006)
Committee unanimously recommended approval of a revision to the Code of Ordinances, Section 12-206, to prohibit parking on a portion of Dry Avenue.		 Approved
11. Expenditure of Donated Funds (PD03-008)
Committee unanimously recommended that $850 in funds awarded to the department be recognized and authorized for the purchase of police supplies and equipment.		 Approved
12. Picnic Shelter Reservations (PR03-15)
Committee unanimously recommended:
  1. Set nonresident fee at an additional 50%.
  2. Require full payment at time of reservation, eliminating deposits.
  3. Implement a cancellation fee of $25.
  4. Follow the same reservation time line as indoor facilities for weekend use, allowing reservations up to 6 months in advance for Cary residents and 5 months for nonresidents.
  5. Approval of Shelter Reservation Policy with associated modifications.
Approved
13. Page-Walker Arts & History Center Usage Policy (PR03-16)
Committee unanimously recommended approval of changes in the policy regarding Page-Walker Arts & History Center.		 Approved
14. North Carolina’s Recreational Trails Program (PR03-17)
Committee unanimously recommended endorsement of the grant proposal to North Carolina’s Recreational Trails Program requesting $50,000 for construction / extension of the White Oak Creek Greenway.		 Approved
15. Golf Feasibility Study - Phase II (PR03-18)
Committee unanimously recommended that a contract be awarded to National Golf Foundation Consulting to complete Phase II of the Golf Feasibility Study process to study the Hawes Tract and that $14,000 be appropriated from the General Fund - Fund Balance for this project.		 Approved
16. Cary Road Race Budget Adjustment (PR03-19)
Committee unanimously recommended:
  1. Approval of a Budget Adjustment Request to recognize $24,000 from the Cary Road Race, $19,000 into the Parks & Greenways Renovation FY03 Account (PR1071, 066-0000-554-75-10) and the remaining $5,000, which has traditionally been seed money for the next year, into the general revenue account in the Athletic Fees (010-0000-352-0203).
  2. Approval to earmark 50% of the 2003 Road Race Revenues to Special Olympics and 50% of future races toward projects designated by the Cary Road Race Committee.
Approved
17. Northwest and Northeast Reclaimed Water Service Boundaries (PWUT03-10)
Committee unanimously recommended approval of the boundaries defining the northeast and northwest areas of Town suitable for the use of reclaimed water.		 Approved
18. Town of Cary School of Government (AD03-004)
Committee unanimously recommended approval of the proposed scope and schedule for Cary School of Government. Funds for this project are included in the FY2003 budget. Committee asked staff to investigate the possibility of taping and televising segments of this program in the future in order to benefit as many citizens as possible.		 Approved
19. Policy Statement 124 (Traffic Calming Criteria and Guidelines) and Standard Procedure 111 (Traffic Calming) (EN03-066)
Committee unanimously recommended approval of the revisions to the Policy and Standard Procedure. Staff will update the staff report to clarify the procedure for snow and ice removal on streets with traffic calming devices.		 Approved
20. 2002 Comprehensive Annual Financial Report (FN03-05)
Committee unanimously recommended approval of the acceptance of the fiscal year 2002 Comprehensive Annual Financial Report.		 Approved
21. Consultant Selection – TCAP Stormwater Management Plan (PL03-036)
Committee unanimously recommended to fund an additional $35,000 for the project and to select Tetra Tech, Inc., to prepare the Town Center Stormwater Management Plan (Project # GG1053) at a cost of $155,000.		 Approved
22. Acquisition Summary of the Town Center Park Project (PR03-20)
Committee unanimously recommended:
  1. Approval to begin negotiating with landowners for the development of the Town Center Park.
  2. Endorsement of the grant proposal to NC PARTF requesting $250,000 for acquisition of property for the Town Center Park.
Approved
For Discussion
Coronado Village HOA’s Dam (EN03-058)
Committee unanimously recommended to appropriate $50,000 from the General Fund – Fund Balance for the repairs to Maynard Pond dam. The staff report will be updated to include information from the voluntary homeowners’ association outlining their plans for future maintenance of the dam.		 Approved
For Information
Annual Update of Oversize Reimbursements (EN03-59)
FYI only		 FYI only; no action required

H. OLD/NEW BUSINESS

  

1. Second reading and consideration of adoption of a request by Time Warner Cable to transfer control of its cable television franchise agreement.

 Denied

2. Consideration of adoption of a resolution authorizing the exchange of real property.

Approved

3. Consideration of adoption of a resolution making necessary findings related to proposed general obligation bonds, affirming staff application to the Local Government Commission and hiring of bond counsel.

Approved

4. Consideration of approval of the Stonewater developer agreement.

 Approved
5. Request by Mr. Jess Ward for the American Legion to use the council chambers on 1/24/03 for their oratorical contest (6:30-9:30 p.m.). Approved

I. LEGAL AND ADMINISTRATIVE ISSUES

  

Closed session will be called if necessary.

 Not called

J. ADJOURNMENT

  12 midnight