REGULAR MEETING OF THE TOWN OF CARY, NORTH CAROLINA

May 9, 2002

Present: Mayor Glen Lang, Mayor Pro Tem Jack Smith, Council Members Marla Dorrel, Jennifer Robinson, Julie Robison, Nels Roseland, Harold Weinbrecht

 

A. COMMENCEMENT

Mayor Lang called the meeting to order at 6:30 p.m., and Mrs. Robinson provided the invocation.

ACTION: Mayor Pro Tem Smith made a motion for the approval of the minutes of the regular Town Council meeting held April 24, 2002; approval of the minutes of the work session held on April 18, 2002; and approval of the minutes of the work session held on April 22, 2002. Second was provided by Ms. Dorrel, and unanimous approval was granted by Council.

_________________________

B. RECOGNITIONS, REPORTS, AND PRESENTATIONS

1. Update on the Cary Chamber’s inter-city visit to Markham, Ontario, Canada.

Mr. Barry Mitsch, chairman of Cary’s sister cities commission and member of the Cary Chamber of Commerce, Ms. Dorrel, Mr. Roseland and Mrs. Robison updated the council on the recent trip to Markham, Ontario. They reported on the various elements of the visit, including sister cities, economic development and government. Ms. Dorrel stated Markham is anxious to learn from Cary about its skate park, and Cary can immediately learn from Markham about its theater, which is adjacent to their high school. She stated she is interested in learning more about their mayor’s task force on youth development, which gives teenagers an opportunity to experience government and be a part of the planning efforts.

Mr. Roseland reported on Markham’s regionalization efforts and their recent consolidation of townships. He stated they do a good job with their development patterns.

Mrs. Robison stated Markham has an economic development unit within their local government structure, and they do not have a chamber of commerce. She stated their local government has made economic development a priority.

Mayor Lang thanked the sister cities commission for their hard work.

_________________________

2. Update on the Raleigh Chamber’s inter-city visit to Ottawa, Canada.

Mr. Weinbrecht updated the council on the recent trip to Ottawa. He stated the elements of this visit included government, transportation, economic development and downtown development and revitalization. He stated Ottawa has over 60% ridership on their public transportation buses with 275,000 daily riders, and the bus fleet contains 150 buses. He stated they have many multi-family high rise buildings, but these buildings are completely surrounded by open space, and this is in lieu of single family homes. He stated Ottawa is circled by a greenbelt.

_________________________

3. Recognition of Green Hope High School HOSA students.

Mrs. Robison presented proclamations to the following students: Matt Conrad, Matt Delellis, Ben Michael, Fletcher O’Cain, Lauren Wallace, Chris Dye, Kaitlyn Walsh, Lisa Blackorby, and Courtney Goettsche. She stated each of these students qualified to attend the National Leadership Conference in Anaheim, CA in June.

(Proclamations are on file in the town clerk’s office and are incorporated in these minutes by reference.)

_________________________

4. Presentation of a proclamation designating May as Foster Family Month in Cary.

Ms. Dorrel presented the following proclamation to John and Lorraine Rademacher, foster parents who reside in Cary:

DESIGNATING THE MONTH OF MAY 2002, AS

FOSTER FAMILY MONTH IN CARY

 

 

WHEREAS, the lives of hundreds of Wake County children are disrupted annually because of crisis or conflict in their homes; and

WHEREAS, foster families take children from troubled circumstances and extend a great deal of effort to help them in their healing process, offering these children the chance they deserve for healthy growth and development; and

WHEREAS, foster families meet the challenges of their job with a tremendous capacity for caring, sharing, and responding to the special needs of these young people until they can return to their own families, or move on to permanent adoptive homes; and

WHEREAS, foster families are an invaluable resource and provide an extraordinary community service.

NOW, THEREFORE, I, Glen Lang, Mayor of the Town of Cary, North Carolina, do hereby designate the month of May 2002, as

FOSTER FAMILY MONTH IN CARY

 

in recognition of the commitment and concern foster parents have for all of our children.

PROCLAIMED this 9th day of May, 2002.

 

(Proclamation is also on file in the town clerk’s office.)

_________________________

C. PUBLIC HEARINGS

There were no public hearings on this agenda.

_________________________

D. PUBLIC SPEAKS OUT (1 hour time limit)

Mr. Zsolt Nagy, 400 Ralph Drive, treasurer of the Coronado Village Homeowners’ Association (CVHOA), requested consideration for financial assistance to repair the dam in Coronado Village. He stated that changes in dam conditions and neighborhood perspectives warrant a re-review of the proposal. He stated the lake was built in the 1950s, and the subdivision was developed in the 1970s by Greenbriar Development without a clear plan for lake management and no mechanism for homeowner fee assessments. He stated this property was auctioned in 1989, and CVHOA purchased the property and rezoned it to conservation resource. He stated 50 of 120 homeowners in Coronado Village pay dues, and they have spent $40,000 since 1989 on routine maintenance, and the have a balance of $8,000. He stated the spillway suffered erosion damage in the 1990s from hurricanes and storms, and in 1998, the state dam office ordered CVHOA to repair the dam at the cost of the homeowners. He stated they have engineered and received state approvals for the dam repair plan. He stated the costs now for the repairs are estimated at $70,000.

Mr. Nagy stated CHVOA does not have $70,000, and they do not have a way to equitably assess the homeowners. He stated banks will not lend the money without someone to undersign. He stated there is an urgency for the repair, as the lake serves a stormwater function and collects stormwater and its sediments from Walnut Street, Dunham Park, sidewalks and streets. He stated CHVOA is willing to permit passive public access, and this has actually occurred since it was built.

Mr. Mike Carter, 308 Melanie Lane, distributed a handout to the council regarding the Coronado Village dam. This handout is attached to and incorporated in these minutes as Exhibit A. He stated he does not fill the dam can survive another hurricane season. He stated a local engineering firm has designed a new spillway system, and this design has recently been approved by the state. He stated the proposed repairs are a permanent, low maintenance solution, and it is an opportunity to improve the quality of the dam. He requested that the council consider ways to help the CVHOA fund this repair project.

Mr. Roseland suggested that the town manager and the operations committee revisit this issue due to the public access options as well as the condition of the dam.

Ms. Martha Dickerson, 1232 Fairlane Road, stated in Cary’s first and second forced annexations, the council adopted special ordinances to give sizable discounts to the annexees if they connected to utilities within six months of the lines becoming available. She encourged the council to consider a special ordinance for the areas under the resolution of intent.

Mr. Jack Kimbrell, 308-A S. Walker Street, thanked the council for implementing C-Tran and shared with them his dependence on this transportation service. He urged the council not to decrease the level of service to seniors if the service is opened to the public. He stated C-Tran is not a taxi service, and the drivers are trained to deal with the handicapped riders. Mr. Kimbrell also stated that he lives in downtown Cary, and his block is under consideration for a park in the middle of the block without buying the houses around it. He suggested that the Town purchase all the homes, so the residents will not have to live so close to all the park traffic.

_________________________

E. PLANNING AND ZONING BOARD REPORT

Consent Agenda

Consideration of a request to table the following rezoning request until the Walnut Street Overlay District guidelines are developed:

01-REZ-23: Application by Christopher A. Shaw on behalf of the property owner, George O. Castleberry, to rezone property from Residential-12 district to Office and Institutional Conditional Use district. The property contains 0.60 acre and is located at 1500 Walnut Street.

ACTION: Mayor Lang made a motion to approve the request to table 01-REZ-23 until lthe Walnut Street Overlay District guidelines are developed. Mr. Weinbrecht provided the second, and Council granted unanimous approval.

_________________________

For Discussion

02-SP-005, MacGregor Ridge, site plan

APPLICANT

OWNER

Jerry Turner & Associates, Inc.

J. Gregory Poole, Jr.

Location:

Map:

The site is located east of Edinburgh Drive, north of US Highway 64, and east of the intersection of Queensferry Drive and Edinburgh Drive.

Planning & Zoning Board Recommendation:

The Planning and Zoning Board recommended approval of the plan, with a vote of 6 yes votes to 3 no votes. The recommendation of approval included allowing the 100' Thoroughfare Corridor Buffer District to be reduced to a width of 30'.

Staff Recommendation:

Staff recommends approval of the plan. The recommendation includes allowing the 100' Thoroughfare Corridor Buffer to be reduced to 30'.

PROPOSED SCHEDULE OF MEETINGS

PLANNING & ZONING BOARD:

April 15, 2002

TOWN COUNCIL:

May 9, 2002

PROJECT DESCRIPTION

The plan proposes 28 two-story condominiums on 12.66 acres. Zoning conditions limit the maximum number of units to 48. Maximum building height would be 27'. The site would be accessed by one private drive from Edinburgh Drive, approximately 400' north of the intersection of Edinburgh Drive and US Highway 64. The plan also proposes eliminating required sidewalk along the proposed private drive and reducing the 100' Thoroughfare Corridor Buffer to 30'.

 

PARCEL INFORMATION

Parcel #

Realid #

Area

0762.13-04-3135 & 0762.13-04-0497

0121240 & 0056239

12.66 acres

ZONING AND LAND USE PLAN COMPLIANCE

Current Zoning: Residential Mixed Conditional Use

Overlay District: 100' Thoroughfare Corridor Buffer District

Town Limits: Inside

Land Use Compliance: Excluding a proposal to not install sidewalk along the proposed drive and to reduce the 100' Thoroughfare Corridor Buffer District to 30', the plan complies with all other zoning requirements.

Based on the number of proposed units, the applicant advises that vehicular traffic in the development would be minimal, limited to local traffic, and proposes to utilize the common access drive for pedestrian use, as well. A turf pedestrian trail would extend from the end of the private drive into the adjoining golf course area. Staff supports the request to eliminate sidewalk along the common access drive for the reasons mentioned above.

The plan proposes to reduce the southern 100' Thoroughfare Corridor Buffer District to 30' by utilizing an existing change in grade to meet the Thoroughfare Corridor Buffer regulations. The plan also proposes that evergreen landscape screening material be installed along the length of a continuous brick wall varying in height from 6' to 8'. The combination of grade change, the brick wall, and the evergreen screening material should provide adequate visual screen and noise separation from US Highway 54. The proposed reduction is also consistent with all other development plans previously approved along US Highway 64 where a reduction of the 100' Thoroughfare Corridor Buffer was allowed to either 30', 35'.

WAKE COUNTY SCHOOL CAPACITY IMPACTS:

Current Enrollment

Area Schools

Building Capacity

Percent occupied

Projected Number of Additional Students

Elementary

14,909

13,127

113.6%

5

Middle

7,596

6,456

117.7%

3

High

5,629

5,100

110.4%

3

Total for all Area Schools

28,134

24,683

114%

11

Preschool

6

Current Enrollment and Building Capacity is based on the 20th day of the school year for 2001. School assignment will be determined at the time of development.

Staff has received for this development a Certificate of Adequate Facilities for Schools from the Wake County School System. The Certificate indicates that adequate seating would be available at designated schools at the time of occupancy. Actual school locations would is announced.

LANDSCAPE

The plan complies with all landscape requirements and staff recommendations.

BUILDING ELEVATION

Building Height: 26'

Building Size: 3,000 square feet

Building Materials and Colors: Exterior siding in beige and khaki, white trim, green shutters & doors and gray/brown asphalt shingles.

TRAFFIC

  1. The 28 residential condominiums would generate 221 trips per day. The AM peak hour is 19 trips. The PM peak hour is 22 trips.
  2. No traffic study is required.

ROADWAY DESIGN

No road widening or right-of-way dedication is required of this project based on the Town’s Thoroughfare Plan.

The developer is proposing a "common access drive" to serve the units. The drive is to be owned, maintained and repaired by the homeowners association as written into the restrictive covenants for the project.

UTILITIES

Water and Sewer: The proposed development will connect to Cary public water and sewer systems. The plan complies with TOC utility standards and policies.

STORM WATER

The project meets all of the requirements of the Town of Cary storm water section.

PROPERTY OWNER NOTIFICATION AND CONCERNS

Adjoining property owners were notified. Staff has received no inquiries regarding this proposed development.

 

Mr. Yerha’s power point presentation is attached to and incorporated in these minutes as Exhibit B.

Mr. Weinbrecht asked if the sound wall is a better noise barrier than a 100 foot buffer. Mr. Bailey of the engineering staff stated the sound wall does provide a greater amount of noise reduction.

Mayor Pro Tem Smith asked asked if the private drive will meet Town standards. Mr. Bailey responded that the private drive is a townhome community with parking lots. He stated the townhome community will collect dues from the occupants to maintain the drive. He stated the drive is decorative and does not meet the Town’s criteria; however, Town staff has had very little problem with these types of areas in townhome communities due to the dues collected. Mayor Lang added that the drive is well done and high quality, and it serves as a parking lot for the townhome residents.

ACTION: Mayor Lang made a motion to approve this item; Ms. Dorrel provided the second; council granted unanimous approval.

_________________________

F. CONSENT AGENDA

1. Consideration of adoption of the tax reports approved by the Wake County Commissioners on March 18, 2002, and April 15, 2002.

The Wake County Board of Commissioners, in regular session on March 18, 2002 approved and accepted the enclosed tax report for the Town of Cary.

It is hereby submitted for your approval.

Refunds of taxes, interest and penalties

$11,802.15

Relief of late list penalty

6

Relief of late filed application

0

Non-cash rebates

186

The Wake County Board of Commissioners, in regular session on April 15, 2002 approved and accepted the enclosed tax report for the Town of Cary.

It is hereby submitted for your approval.

Refunds of taxes, interest and penalties

$1642.47

Relief of late list penalty

0

Relief of late filed application

3

Non-cash rebates

173

 

_________________________

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

a. 02-A-006, Richard & Kimberly Murray, 0.92 acre

PETITION:

02-A-006

   

OWNER & ADDRESS:

Richard & Kimberly Murray

303 Trappers Run

Cary, NC 27513

   

ADDRESS OF PROPERTY:

0 NW Maynard Road

   

LOCATION OF PROPERTY:

2,480 Feet North of Intersection High House & Bay Oak Drive

   

ASSOCIATED REZONING: DEVELOPMENT PLAN:

0

none

% CONTIGUITY:

64.0%

   

UTILITIES

Water: 6" AC 28 ft. south. Sewer: 8" VCP 72 feet Southeast.

   

WAKE CO. PARCEL ID #:

075416827870

   

REALID NUMBER:

0269093

   

AREA:

0.92 acres + 0 acres of adjacent right-of-way

   

TOTAL ACREAGE:

0.92

   

ZONING:

R30

   

CURRENT/PROPOSED USE:

Single Family Residence

   

FIRE DISTRICT:

Western Wake

   

VOTING DISTRICT:

A

   

TAX VALUE:

$18,400

   

CORPORATE LIMITS:

Contiguous

   

TOWN COUNCIL DATES:

 

Request to investigate sufficiency:

Certificate of sufficiency:

Public hearing:

PROPOSED EFFECTIVE DATE:

 

(Resolution is on file in the town clerk’s office and is incorporated in these minutes by reference.)

_________________________

b. 02-A-007, Wake County Board of Education, 19.68 acres

 

PETITION:

02-A-007

   

OWNER & ADDRESS:

Wake County Board of Education

c/o Clint Jobe

1551 Rock Quarry Road

Raleigh, NC 27610

   

ADDRESS OF PROPERTY:

0 Turner Creek Road

   

LOCATION OF PROPERTY:

South of intersection NC Hwy 55 and Turner Creek Rd.

   

ASSOCIATED REZONING: DEVELOPMENT PLAN:

None

None

% CONTIGUITY:

0%

   

UTILITIES

Water: 12" DIP 720 ft. East.

Sewer: 8: PVC 920 ft. East.

   

WAKE CO. PARCEL ID #:

073302751958

   

REALID NUMBER:

0030271

   

AREA:

19.68 acres + 0 acres of adjacent right-of-way

   

TOTAL ACREAGE:

19.68

   

ZONING:

R40 (Wake County)

   

CURRENT/PROPOSED USE:

Elementary School

   

FIRE DISTRICT:

HIPEX

   

VOTING DISTRICT:

A

   

TAX VALUE:

$228,254

   

CORPORATE LIMITS:

Non-contiguous

   

TOWN COUNCIL DATES:

 

Request to investigate sufficiency:

5/9/02

Certificate of sufficiency:

5/23/02

Public hearing:

6/13/02

PROPOSED EFFECTIVE DATE:

6/13/02

 

(Resolution is on file in the town clerk’s office and is incorporated in these minutes by reference.)

_________________________

c. 02-A-009, Highcroft PUD (various owners), 145.57 acres

PETITION:

02-A-009

   

OWNER & ADDRESS:

Highcroft Investors LLC c/o Glenda Toppe (Tracts 1,2,9,6,10)

905 Jones Franklin Rd.

Raleigh, NC 27606

   

ADDRESS OF PROPERTY:

0, 7213, 7205 Green Hope School Rd

   

LOCATION OF PROPERTY:

PUD located west of Green Hope School Road and Sears Farm Road

   

ASSOCIATED REZONING: DEVELOPMENT PLAN:

01-REZ-022

none

% CONTIGUITY:

Overall PUD = 36.2% (5760/15920)

   

UTILITIES

Water: on site of PUD. Sewer: on site of PUD.

   

WAKE CO. PARCEL ID #:

Tract 1: 073401462555 Tract 2: 073401469408 Tract 6: 073401353354 Tract 9: 07341376459 Tract 10: 073401376971

   

REALID NUMBER:

Tract 1: 0010688 Tract 2: 0072379 Tract 6: 0203271 Tract 9: 0119891 Tract 10: 0119892

   

AREA:

Tract 1: 30.71 Tract 2: 5.36 Tract 6: 1.58 Tract 9: 1.82 Tract 10: 1.71 acres + 1.83 acres of adjacent right-of-way

   

TOTAL ACREAGE:

Overall PUD = 119.24

   

ZONING:

R40PUD, R12PUD, R8PUD

   

CURRENT/PROPOSED USE:

Highcroft PUD

   

FIRE DISTRICT:

Morrisville

   

VOTING DISTRICT:

A

   

TAX VALUE:

$1,419,127

   

CORPORATE LIMITS:

Contiguous

   

TOWN COUNCIL DATES:

 

Request to investigate sufficiency:

5/9/02

Certificate of sufficiency:

5/23/02

Public hearing:

6/13/02

PROPOSED EFFECTIVE DATE:

6/13/02

 

PETITION:

02-A-009

   

OWNER & ADDRESS:

Neil & Anne Evans (Tracts 3 & 4)

5013 Sears Farm Rd.

Morrisville, NC 27560

   

ADDRESS OF PROPERTY:

5013, 0 Sears Farm Rd

   

LOCATION OF PROPERTY:

PUD located west of Green Hope School Road and Sears Farm Road

   

ASSOCIATED REZONING: DEVELOPMENT PLAN:

01-REZ-022

none

% CONTIGUITY:

Overall PUD = 36.2% (5760/15920)

   

UTILITIES

Water: on site of PUD. Sewer: on site of PUD.

   

WAKE CO. PARCEL ID #:

Tract 3: 073403331901 Tract 4: 073403341205

   

REALID NUMBER:

Tract 3: 0081686 Tract 4: 0149104

   

AREA:

Tract 3: 59.77 Tract 4: 2.47 acres + 0 acres of adjacent right-of-way

   

TOTAL ACREAGE:

Overall PUD = 119.24

   

ZONING:

R40PUD, R12PUD, R8PUD

   

CURRENT/PROPOSED USE:

Highcroft PUD

   

FIRE DISTRICT:

Morrisville

   

VOTING DISTRICT:

A

   

TAX VALUE:

$1,005,534

   

CORPORATE LIMITS:

Contiguous

   

TOWN COUNCIL DATES:

 

Request to investigate sufficiency:

5/9/02

Certificate of sufficiency:

5/23/02

Public hearing:

6/13/02

PROPOSED EFFECTIVE DATE:

6/13/02

 

PETITION:

02-A-009

   

OWNER & ADDRESS:

Donald & Sharon Dodson (Tract 5)

5017 Sears Farm Rd.

Morrisville, NC 27560

   

ADDRESS OF PROPERTY:

5017 Sears Farm Rd

   

LOCATION OF PROPERTY:

PUD located west of Green Hope School Road and Sears Farm Road

   

ASSOCIATED REZONING: DEVELOPMENT PLAN:

01-REZ-022

none

% CONTIGUITY:

Overall PUD = 36.2% (5760/15920)

   

UTILITIES

Water: on site of PUD. Sewer: on site of PUD.

   

WAKE CO. PARCEL ID #:

073401450155

   

REALID NUMBER:

0130537

   

AREA:

1.96 acres + 0.34 acres of adjacent right-of-way

   

TOTAL ACREAGE:

Overall PUD = 119.24

   

ZONING:

R40PUD, R12PUD, R8PUD

   

CURRENT/PROPOSED USE:

Highcroft PUD

   

FIRE DISTRICT:

Morrisville

   

VOTING DISTRICT:

A

   

TAX VALUE:

$234,869

   

CORPORATE LIMITS:

Contiguous

   

TOWN COUNCIL DATES:

 

Request to investigate sufficiency:

5/9/02

Certificate of sufficiency:

5/23/02

Public hearing:

6/13/02

PROPOSED EFFECTIVE DATE:

6/13/02

 

PETITION:

02-A-009

   

OWNER & ADDRESS:

Donald & Pamela Coble (Tracts 7 & 8)

7209 Green Hope School Rd.

Morrisville, NC 27560

   

ADDRESS OF PROPERTY:

7211, 7209 Green Hope School Rd

   

LOCATION OF PROPERTY:

PUD located west of Green Hope School Road and Sears Farm Road

   

ASSOCIATED REZONING: DEVELOPMENT PLAN:

01-REZ-022

none

% CONTIGUITY:

Overall PUD = 36.2% (5760/15920)

   

UTILITIES

Water: on site of PUD. Sewer: on site of PUD.

   

WAKE CO. PARCEL ID #:

Tract 7: 073401356957 Tract 8: 073401366853

   

REALID NUMBER:

Tract 7: 0004946 Tract 8: 0192227

   

AREA:

Tract 7: 7.56 Tract 8: 4.93 acres + 0 acres of adjacent right-of-way

   

TOTAL ACREAGE:

Overall PUD = 119.24

   

ZONING:

R40PUD, R12PUD, R8PUD

   

CURRENT/PROPOSED USE:

Highcroft PUD

   

FIRE DISTRICT:

Morrisville

   

VOTING DISTRICT:

A

   

TAX VALUE:

$413,723

   

CORPORATE LIMITS:

Contiguous

   

TOWN COUNCIL DATES:

 

Request to investigate sufficiency:

5/9/02

Certificate of sufficiency:

5/23/02

Public hearing:

6/13/02

PROPOSED EFFECTIVE DATE:

6/13/02

 

PETITION:

02-A-009

   

OWNER & ADDRESS:

Dodson Investment Company (Tract 11)

5016 Sears Farm Rd.

Morrisville, NC 27560

   

ADDRESS OF PROPERTY:

5016 Sears Farm Rd

   

LOCATION OF PROPERTY:

PUD located west of Green Hope School Road and Sears Farm Road

   

ASSOCIATED REZONING: DEVELOPMENT PLAN:

01-REZ-022

none

% CONTIGUITY:

Overall PUD = 36.2% (5760/15920)

   

UTILITIES

Water: on site of PUD. Sewer: on site of PUD.

   

WAKE CO. PARCEL ID #:

073403454023

   

REALID NUMBER:

0192269

   

AREA:

1.06 acres + 0 acres of adjacent right-of-way

   

TOTAL ACREAGE:

Overall PUD = 119.24

   

ZONING:

R40PUD, R12PUD, R8PUD

   

CURRENT/PROPOSED USE:

Highcroft PUD

   

FIRE DISTRICT:

Morrisville

   

VOTING DISTRICT:

A

   

TAX VALUE:

$67,225

   

CORPORATE LIMITS:

Contiguous

   

TOWN COUNCIL DATES:

 

Request to investigate sufficiency:

5/9/02

Certificate of sufficiency:

5/23/02

Public hearing:

6/13/02

PROPOSED EFFECTIVE DATE:

6/13/02

 

(Resolution is on file in the town clerk’s office and is incorporated in these minutes by reference.)

_________________________

4. Consideration of appointment of Leta Huntsinger to fill an unexpired term on the parks, recreation and cultural resources advisory board.

_________________________

ACTION ON THE CONSENT AGENDA: Ms. Dorrel made a motion to approve the consent agenda; Mayor Pro Tem Smith provided the second; Council granted unanimous approval.

_________________________

G. COMMITTEE REPORTS

Operations Committee (May 7, 2002)

Chairperson Harold Weinbrecht called the meeting to order at 11:35 a.m. Committee Members Jennifer Robinson and Jack Smith were in attendance. The meeting adjourned at 12:31 p.m.

A. Consent Agenda

B. For Discussion

C. For Information

H. OLD/NEW BUSINESS

Consideration of adoption of a resolution requesting that municipal revenue sources be made secure.

A Resolution Requesting That Municipal Revenue Sources Be Made Secure

WHEREAS, the Town of Cary is required by North Carolina law to operate and maintain a balanced budget and comply with the provisions of the Local Government Budget and Fiscal Control Act; and

WHEREAS, the Town of Cary is required to maintain a sufficient fund balance to operate in a fiscally sound manner and to have adequate reserves in case of emergencies; and

WHEREAS, the municipal officials of the Town of Cary have a responsibility to provide for the health, safety and well being of the citizens of this community by providing necessary services; and

WHEREAS, the ability of municipal governments to borrow for capital infrastructure needs is dependent on reliable revenue sources for repayment; and

WHEREAS, adequate municipal revenue sources are required to carry out the above mentioned responsibilities;

NOW, THEREFORE, BE IT RESOLVED, THAT the Town Council of the Town of Cary, North Carolina, respectfully requests that the General Assembly enact legislation that will secure the municipal revenue sources and ensure that these revenues are distributed to local governments on a timely basis as set forth by the state’s General Statutes.

 

ACTION: Mr. Weinbrecht made a motion to adopt the resolution; Mrs. Robinson provided the second; Council granted unanimous approval.

(Resolution is also on file in the town clerk’s office.)

_________________________

ACTION: Mrs. Robison made a motion to delay the Amberly public hearing -- at the request of the applicant -- until the earliest possible date after the public hearing for the NW Cary Area Plan (which is expected to occur on June 27). Mr. Weinbrecht provided the second.

Ms. Dorrel clarified that the council is not waiting for the approval of the NW Cary Area Plan prior to holding the Amberly public hearing. She stated the NW Cary Area Plan public hearing will occur, and at the meeting immediately after that public hearing, the Amberly public hearing will be conducted.

ACTION: Vote was called for on the motion, and Council granted unanimous approval.

ACTION: Mrs. Robison made a motion to direct staff to give similar treatment to any other rezoning (see above motion) which will be impacted by the NW Cary Area Plan, provided the applicant makes such a request. Mrs. Robinson provided the second, and Council granted unanimous approval.

_________________________

I. LEGAL AND ADMINISTRATIVE ISSUES

ACTION: Mayor Pro Tem Smith made the following motion for closed session, which was seconded by Ms. Dorrel and unanimously approved by council:

Closed session was called pursuant to G.S. 143-318.11(a)(3) and (5) for the following purposes:

  1. To consult with attorneys employed by and/or retained by the Town in order to preserve the attorney-client privilege between the attorneys and the Town.
  2. To establish or to instruct the Town of Cary’s staff concerning the position to be taken by or on behalf of the Town in negotiating the price and other material terms of a contract or proposed contract for the acquisition of real property by purchase, opton, exchange or lease.

_________________________

J. ADJOURNMENT

Mayor Lang adjourned the meeting at 8:15 p.m.