Cary

Cary Town Council Meeting Action Agenda

Thursday, August 10, 2006

6:30 p.m.

Council Chambers

316 N. Academy Street, Cary, N.C.

Web Site: www.townofcary.org

A. COMMENCEMENT

1. Call to Order (Provided)

2. Ceremonial Opening (Provided)

3. Adoption of agenda (Adopted)

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, which is item H on this agenda)

a. Consideration of approval of the minutes of the regular town council meeting held on July 27, 2006; the minutes of the work session held on July 17, 2006 regarding the quality of life initiative; the minutes of the work session held on July 19, 2006 regarding the aquatics facility; and the minutes of the work session held on July 25, 2006 regarding the downtown streetscape, downtown cultural arts and the council vacancy. (Approved)

b. Consideration of approval of the Wake County tax report for the month of July 2006. (Approved)

2. Land Development Consent Agenda (any land development consent agenda item pulled for discussion will be discussed at the beginning of the land development discussion portion of the agenda, which is item F on this agenda)

a. Comprehensive Plan Amendment 06-CPA-05, ~~Wellington Park~~
~~Consideration of an ordinance to amend the comprehensive plan. The property is located at the southeast quadrant of Tryon Road at SE Cary Parkway~~ , and contains approximately 12.92 acres. The current comprehensive plan designation is Commercial; the proposed comprehensive plan designation is Medium Density Residential. The Planning and Zoning Board unanimously recommended approval. (Pulled from consent agenda for discussion)

3. Planning and Development Committee, July 27, 2006 (any committee consent agenda item pulled for discussion will be discussed at the beginning of the committee discussion portion of the agenda, which is item G on this agenda)

a. deVintage Subdivision Riparian Buffer (EN07-009)
Committee unanimously recognized that land banking is no longer required as a result of change by the Division of Water Quality in classification of the riparian buffer. (Approved)

b. Highcroft Village - Request Waiver of Greenway Requirements (PR07-03)
Committee unanimously recommended waiving the greenway easement requirements and approving the developer proposed trail improvements. (Approved)

c. Neighborhood Improvement Program Matching Grant (PL06-054)
Committee unanimously recommended consideration of the Park Village request for an additional matching grant amount of $3,538. (Approved)

4. Operations Committee, August 2, 2006 (any committee consent agenda item pulled for discussion will be discussed at the beginning of the committee discussion portion of the agenda, which is item G on this agenda)

a. SW Maynard Road Widening Project Condemnation Resolutions (EN07-002)
Committee unanimously recommended approving condemnation resolutions related to securing necessary easements for the SW Maynard Road Widening Project. (Approved)

b. Utility Service to the Mills Farm Subdivision (EN07-008)
Committee unanimously recommended entering into a reimbursement contract with Toll Brothers, Inc. for offsite water lines to serve the Mills Farm Subdivision. (Approved)

c. NCDOT Request to Close a Portion of Turner Creek Road (EN07-011)
Committee unanimously recommended approval of an NCDOT request to close a portion of Turner Creek Road beyond Turner Creek Elementary School. (Approved to call for a public hearing for 9/14/2006)

d. NCDOT Request to Close a Portion of Melody Lane Right of Way (EN07-012)
Committee unanimously recommended approval of an NCDOT request to close a portion of right of way of Melody Lane. (Approved a resolution of concurrence)

e. Request to Close a Portion of Right of Way of Alston Avenue (EN07-013)
Committee unanimously recommended approval of a request to close a portion of the right of way of Alston Avenue. (Approved a resolution of concurrence)

f. Condemnation Resolutions for the Fire Station 7 Sewer Project (EN07-016)
Committee unanimously recommended adopting condemnation resolutions for the Fire Station 7 sewer project. (Approved)

g. Employee Health Improvement Project (HR07-01)
Committee unanimously recommended that the update on the status of the Employee Health Improvement Project be entered into the Town Council record. (Approved)

h. Request to Sell Real Property via Upset Bid � 1.32 acre Portion of Horton PDD (PR07-04)
Committee unanimously recommended of the Resolution Authorizing Upset Bid Process and appropriation of $113,520 to WT1078 for future open space purchases if no further bids are received. (Approved)

i. Revisions to the Fats, Oils, and Greases Control Program (PWUT07-04)
Committee unanimously recommended revisions to the Fats, Oils, and Greases Control program (Section 36-183, 184, and 185 of the Sewer Use Ordinance). (Approved)

j. Dynamic Message Signs (EN07-014)
Committee unanimously recommended both painting and landscaping for the eleven ground mounted signs in the amount of $14,300 total. This amount can be funded by existing appropriations to the Fiber Optic Traffic Control System project (ST1082). Committee also requested that staff review the placement of the control boxes. (Pulled from consent for discussion)

k. Highcroft Drive Traffic Calming (EN07-015)
Committee unanimously recommended that staff propose revisions to the traffic calming policy that would allow traffic calming on some collector streets, making a distinction between those that are collectors by designation and those that are collectors by design and that the proposed Highcroft traffic calming measures be reviewed under the revised policy. (Approved)

C. RECOGNITIONS, REPORTS, AND PRESENTATIONS

Recognition of Town employee Donald Smith as the recipient of the 2006 H.W. Kueffner Award. (Recognized)

D. PUBLIC HEARINGS

1. Rezoning 06-REZ-19, McCrimmon Corners Resubmittal
The property is located in the southeast corner of McCrimmon Parkway and Koppers Road and contains 16.80 acres. The current zoning is Office, Research and Development; the proposed zoning is Residential Multi-Family Conditional Use. Council may refer this item to the October 16, 2006 Planning and Zoning Board meeting. (Referred to 10/16/06 Planning and Zoning Board meeting)

2. Comprehensive Plan Amendment 06-CPA-08, Silverton
The property is located at the intersection of NW Cary Parkway and Evans Road and contains 5.88 acres. The current comprehensive plan designation is Office and Institutional; the proposed comprehensive plan designation is High Density Residential. Council may refer this item to the September 18, 2006 Planning and Zoning Board meeting. (Referred to 9/18/06 Planning and Zoning Board meeting)

3. Mixed Use Sketch Plan 06-MU-01, Silverton
The property is located at the intersection of NW Cary Parkway and Evans Road and contains 5.88 acres. The proposed mixed use sketch plan proposes 48 residential townhomes. Council may refer this item to the November 20, 2006 Planning and Zoning Board meeting. (Referred to 11/20/06 Planning and Zoning Board meeting)

E. PUBLIC SPEAKS OUT (see official minutes)

F. LAND DEVELOPMENT DISCUSSION ITEMS (any item pulled from the land development consent agenda for discussion [item B.2. on this agenda] will be discussed during this portion of the agenda)

1. Rezoning 06-REZ-01, Regency Park Planned Development District Amendment
Consideration of adoption of an ordinance to rezone land. The property is located at 7000 Regency Parkway and contains approximately 13 acres. The request is to amend the conditions of the existing planned development to allow residential uses on Tract C-5. Staff and the Planning & Zoning Board unanimously recommend denial. (Denied)

2. Comprehensive Plan Amendment 06-CPA-05, Wellington Park
Consideration of an ordinance to amend the comprehensive plan. The property is located at the southeast quadrant of Tryon Road at SE Cary Parkway , and contains approximately 12.92 acres. The current comprehensive plan designation is Commercial; the proposed comprehensive plan designation is Medium Density Residential. The Planning and Zoning Board unanimously recommended approval. (Denied)

G. COMMITTEE REPORTS (discussion items)

1. Planning and Development Committee, July 27, 2006 (any item pulled from the committee consent agenda for discussion [agenda item B.3.] will be discussed during this portion of the agenda)

a. Amendment to the Joint Resolution of the Towns of Apex and Cary Establishing Jurisdictional Boundaries (PL07-001)
Committee recommended moving this item forward to full council for discussion. Mr. Roseland expressed concern that the applicant is undergoing hardship and should be allowed to hook up to the Town of Apex 's water system. Ms. Dorrel did not want to change the jurisdictional boundaries on a parcel by parcel basis. (Denied)

2. Operations Committee, August 2, 2006 (any item pulled from the committee consent agenda for discussion [agenda item B.3.] will be discussed during this portion of the agenda)

a. Dynamic Message Signs (EN07-014)
Committee unanimously recommended both painting and landscaping for the eleven ground mounted signs in the amount of $14,300 total. This amount can be funded by existing appropriations to the Fiber Optic Traffic Control System project (ST1082). Committee also requested that staff review the placement of the control boxes. (Approved committee recommendation)

H. OLD/NEW BUSINESS (any item pulled from the regular consent agenda for discussion [agenda item B.1.] will be discussed during this portion of the agenda)

N/A

I. CLOSED SESSION (called)

J. ADJOURNMENT (9:34 p.m.)

Please contact the Cary Town Clerk with any questions about this action agenda. The e-mail address is sue.rowland@townofcary.org, and the phone number is (919) 469-4011. Visit our Web site at www.townofcary.org for more detailed information about each agenda item.

Council meetings are broadcast live on Cary TV 11 the night of the meeting 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.