Cary Town Council Agenda

Thursday, June 25, 2009

6:30 p.m.

Council Chambers
316 N. Academy Street, Cary, N.C.
Web Site: 
www.townofcary.org  

 

A.   COMMENCEMENT

 

1.   Call to Order (Mayor Weinbrecht)

 

2.   Ceremonial Opening (Mr. Portman)

 

3.   Adoption of agenda (Town Council)

 

B.   CONSENT AGENDA

 

CONSENT AGENDA items are items unanimously recommended for approval by all involved parties. The agenda has three distinct consent agenda: (1) the regular consent agenda contains standard items that go directly to council in which staff unanimously recommends approval; (2) the land development consent agenda contains items that have been unanimously approved by Town board(s)/commission(s) who have a role in the development process and staff and only require a simple majority vote; and (3) the planning and development committee consent agenda contains items that have been unanimously approved by the appropriate council committee and staff. A single vote may be taken for the approval of ALL consent agenda items.

 

1.   Regular Consent Agenda (any regular consent agenda item pulled for discussion will be discussed at the end 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 June 10, 2009 , the minutes of the budget work session held on June 9, 2009, and the minutes of the special town council meeting held on June 9, 2009. (Town Council)

 

b.   Consideration of approval of the June 2009 tax report. (Mr. Ben Shivar)

 

c.   Receive information as a follow-up to the Climate for Student Success Forum that was conducted on May 11, 2009 . No council action is necessary. (Mrs. Robinson)

 

d.   Consideration of adoption of a certificate of sufficiency and a resolution calling for a public hearing to be conducted on July 23, 2009 on the following annexation petition:

 

(1)     Annexation Petition: 09-A-07
Property Owner(s):
Marquis Homes & Company
Location: Located at the Pittard Sears Road and O'Kelly Chapel Road intersection
Acreage: 39.02 plus 0.75 adjacent right of way = 39.77 total deeded acres
Zoning: Residential - Agricultural (RA-40), Chatham County
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant
Proposed Use: Residential Subdivision
Associated Case: 09-CPA-04 (Amberly PDD Amendment); 09-REZ-10 (Pittard Sears Road)
Speaker: Mr. Wayne Nicholas

 

(2)     Annexation Petition: 09-A-08
Property Owner(s):
SAS Institute, Inc.
Location: 601 SAS Campus Drive
Acreage: 19.57 plus 2.21 adjacent right of way = 21.78 total deeded acres
Zoning: Office/Research and Development (ORD)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant
Proposed Use: Office; Ancillary Use
Associated Case: 09-SP-030 ( SAS Data Center )
Speaker: Mr. Wayne Nicholas

 

e.   Consideration of approval of an appropriation of fund balance from the health and dental self-insurance fund to ensure sufficient expenditure authority for FY2009. (Mrs. Valiria Willis)

 

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

 

a.   COMPREHENSIVE PLAN AMENDMENT 09-CPA-02 (Cary Community Arts Center)
Location: 101 Dry Avenue, 115 & 121 Walnut Street, 320 & 328 S. Walker Street
Current Land Use Plan: Institutional ( INS ), High-Density Residential Garden ( HDR Garden)
Proposed Land Use Plan: High-Density Mixed-Use (HMXD)
Acreage: 3.72 ±
Speaker: Mr. Kevin Hales and Ms. Kelly Commiskey
Planning and Zoning Board Recommendation: Unanimous to approve
Recommended Council Action: Council may take final action

 

b.   REZONING 09-REZ-04 (Cary Community Arts Center)
Location:
  101 Dry Avenue, 115 & 121 Walnut Street, 320 & 328 S. Walker Street
Current Zoning: Town Center (TC)
Current Zoning Subdistrict:  Institutional ( INS ), High Density Residential Garden ( HDR Garden)
Proposed Zoning: Town Center (TC)
Proposed Zoning Subdistrict: High Density Mixed Use (HMXD)
Acreage: 3.72 ±
Comprehensive Plan Consistency: In accordance with N.C.G.S. 160A-383, and based upon the recommendations and detailed information developed by staff and/or the Planning & Zoning Board contained in the case report, approval of this case by the Cary Town Council will officially adopt the individual rezoning report as evidence that consistency with the Comprehensive Plan has been thoroughly evaluated and that this is a reasonable action to further the community’s public interest in carrying out the Comprehensive Plan.
Speaker: Mr. Kevin Hales and Ms. Kelly Commiskey
Planning and Zoning Board recommendation: Unanimous to approve
Proposed Council Action: Council may take final action

 

3.   Planning and Development Committee, June 18, 2009 (any committee consent agenda item pulled for discussion will be discussed at the end of the committee discussion portion of the agenda, which is item G on this agenda) (Mr. Portman)

 

a.   Request for Reimbursement Contract – Toscana Subdivision (EN09-097)
Committee unanimously recommended entering into a reimbursement contract for an extension of an off-site sanitary sewer line to serve the Toscana Subdivision.

 

b.   Budget Adjustment:  USDA Planning and Design Funds for Higgins Greenway and Stormwater Project, Ph III (EN09-099)
Committee unanimously recommended adoption of a Budget Ordinance Amendment and corresponding Budget Adjustment Request to recognize $195,000 in revenue in the Capital Projects Fund from the USDA and the corresponding expenditure in the Capital Improvement Budget for the Higgins Greenway and Stormwater Project, Ph
III

 

c.   Expanding the Scope of the White Oak Creek Greenway Capital Project (PR09-39)
Committee unanimously recommended approval of authorization to expand the scope of the White Oak Creek Greenway, Ph IV to include the completion of the greenway, linking it to the American Tobacco Trail.

 

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

 

N/A

 

D.   PUBLIC SPEAKS OUT (one hour time limit)

 

The public is invited to speak during “Public Speaks Out” at this time on any topic unless it was a public hearing item on this agenda. Anyone who wants to speak should move to the reserved seats, print your name, address, e-mail address and phone number on a card provided at these seats. When it is your turn, proceed from the aisle behind the town clerk, and give your contact information card and any handouts to the clerk. Step to the podium next to the clerk. State your name clearly. Limit comments to three minutes or less, and avoid repetition. Direct comments to the full council, not to an individual council member. Groups are encouraged to appoint a spokesperson on their behalf. Speakers may return to their regular seats from any aisle.

 

E.   PUBLIC HEARINGS

 

The public is asked to adhere to the following guidelines for the public hearings:

·        When discussion begins on a particular hearing, anyone who wants to speak at that public hearing should move to the reserved seats.

·        Print your name, address, e-mail address and phone number on a card provided.

·        When it is your turn to speak, proceed from the aisle behind the town clerk, and give your contact information card and any handouts to the clerk.

·        Step to the podium next to the clerk. State your name clearly.

·        Be concise; avoid repetition; limit comments to five minutes or less; designate a spokesperson for large groups.

·        Direct comments to the full council, not to an individual council member.

·        Each person may speak once for a specific public hearing.

 

1.   Land Development Ordinance Amendment – Transportation Development Fees
Subject:
Public hearing to consider adopting an ordinance amendment to Section 7.11 of the Land Development Ordinance (Transportation Development Fees).  The amendment proposes to change the annual reimbursement amount from 25 percent to 30 percent of the fees collected. 
Proposed Action: Refer to the
July 20, 2009 Planning and Zoning Board
Speaker: Mr. Tim Bailey

 

2.   Street Closing
Subject: Public hearing to consider adoption of an Order to close a portion of the right-of-way of Airgate Drive in the Airport Gateway Subdivision.
Proposed Action: Council may take action.
Speaker: Mr. Tim Bailey

 

3.   Street Renaming
Subject: Public hearing to consider renaming the 9400 to 10300 blocks of Green Level Church Road to Morrisville Parkway.
Proposed Action: Council may take action.
Speaker: Ms. Gina Smith

 

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 09-REZ-02 (The Park at Langston)
Location: Westerly extension of Truelove Drive and northerly extension of Forester Lane
Current Zoning: Residential 12 Conditional Use (R-12 CU)
Proposed Zoning: Residential 8 Conditional Use (R-8 CU)
Acreage: 19.81 ±
Comprehensive Plan Consistency: In accordance with N.C.G.S. 160A-383, and based upon the recommendations and detailed information developed by staff and/or the Planning & Zoning Board contained in the case report, approval of this case by the Cary Town Council will officially adopt the individual rezoning report as evidence that consistency with the Comprehensive Plan has been thoroughly evaluated and that this is a reasonable action to further the community’s public interest in carrying out the Comprehensive Plan.
Speaker: Mrs. Mary Beerman and Ms. Kelly Commiskey
Planning and Zoning Board recommendation: Voted 5-3 to recommend approval
Proposed council action: Council may take final action. There is a valid protest petition, which requires six affirmative council votes to approve the case; simple majority vote is required to deny the case.

 

G.  COMMITTEE REPORTS (discussion items)

 

Planning and Development Committee, June 18, 2009 (any item pulled from the committee consent agenda for discussion [agenda item B.3.] will be discussed during this portion of the agenda) (Mr. Portman)

 

1.   Adequate Public Facilities for Roads (EN09-098)
Committee unanimously recommended that the this item be brought to full council for discussion focusing especially on Option 5.

 

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)

 

1.   Fiscal Year 2010 Budget
Subject:
Consideration of adoption of the Fiscal Year 2010 Budget and the proposed changes to the Budget.  
Proposed Council Action: Council may take final action
Speaker: Mr. Scott Fogleman

 

I.    CLOSED SESSION

 

Closed session will be called if necessary.

 

J.   ADJOURNMENT

The Town of Cary is committed to providing all citizens with the opportunity to participate fully in the public meeting process. Any person with a disability who needs an auxiliary aid or service in order to participate in this meeting may contact the Town Clerk at least 48 hours prior to the meeting. The e-mail address is sue.rowland@townofcary.org; the phone number is
(919) 469-4011; the TDD number is (919) 469-4012.

 

Please contact the Cary Town Clerk with any questions about this 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 9:30 a.m., the Saturday following the meeting at 6:30 p.m., and the Sunday following the meeting at 2 p.m.