Cary Town Council Meeting Minutes

Thursday, January 8, 2004

6:30 PM

Town Hall, Building A, Auditorium

316 N. Academy St. , Cary , N.C.

Web Site:  www.townofcary.org

 

Click on links below for actual text of draft minutes.

A.  COMMENCEMENT

1.    Call to Order (Provided)

2.    Ceremonial Opening (Provided)

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)

a.    Consideration of approval of the following meeting minutes: regular meeting held on December 11, 2003, and the special meeting held on December 19, 2003. (Approved)

b.    Consideration of adoption of the tax report approved by the Wake County Commissioners on December 1, 2003. (Approved)

c.    Consideration of a request by the American Legion to use the Council Chambers on Saturday, January 17, 2004 from 10 a.m. until approximately 1 p.m. for their national oratorical contest. (Approved)

d.    Consideration of adoption of certificates of sufficiency and resolutions calling for public hearings on the following annexations.

(1)      03-A-07, William B. Upchurch, Ricky G. Edwards, James M. Edwards, Gary & Jeannie Edwards, James C. and Faye D. Edwards, and M. Michael Edwards Limited Partnership, 104.48 acres. (Approved)

(2)      03-A-08, Milton A. & Brenda J. Cox and Marguerite F. Cox, 54.76 acres. (Approved)

(3)      03-A-09, Covenant Development Corporation, Centex Homes, and Terry B. and A. Wayne Witt, 77.99 acres. (Approved)

2.    Planning and Zoning Board Consent Agenda (any planning and zoning board consent agenda item pulled for discussion will be discussed at the beginning of the planning and zoning board’s discussion portion of the agenda).

a.   03-REZ-14 (Ferrell Hatcher): Application by Elam Todd d'Ambrosi for David Ferrell and Louanne Adams, owners, to rezone properties from Residential-40 to Traditional Residential Conditional Use. The proposal includes 28.77 acres, and the applicant limits the type of development to single-family residential (detached), patio homes, residential-related recreation (indoor/outdoor), open space and greenways.  The applicant also limits the development to a maximum of 80 dwelling units. (Approved)

3.    Town Center Review Commission Consent Agenda (any town center review commission consent agenda item pulled for discussion will be discussed at the beginning of the town center review commission’s discussion portion of the agenda)

N/A

4.    Planning and Development Committee consent agenda, December 18, 2003 (any committee consent agenda item pulled for discussion will be discussed at the beginning of the committee discussion portion of the agenda).

a. Macedonia United Methodist Church – Request Waiver of Thoroughfare Widening (EN04-051)
Committee unanimously recommended waiving the requirements to widen
Tryon Road as part of development plan submittal 03-SP-217.
(Approved)

b. Artist benches for Sears Farm Road Park (PR04-21)
Committee unanimously recommended purchasing one bench and accepting two donated benches designed by artist Russ Rubert to place in the plaza with sculpture at
Sears Farm Road Park.
(Approved)

c. Garden Art for Stevens Nature Center/Hemlock Bluffs Nature Preserve (PR04-22)
Committee unanimously recommended acceptance of a donation of garden art for Stevens Nature Center/Hemlock Bluffs Nature Preserve.
(Approved)

d. Proposed amendments to the sign chapter of the LDO (PL04-024A)
Committee unanimously recommended setting a public hearing for February 12, 2004 on amended language that would delete the limitation on the number of pieces of information on multi-tenant principal ground signs in the Town Center Area (Option 1).  Staff is further requested to report back to the Planning and Development Committee with information on violation stickers, temporary signs, and a comprehensive look at signage in the Town Center Area after the Town Center Review Commission has reviewed and received public input.
(Approved to call for a public hearing to be held on February 12, 2004 for Option 1.)

5.    Operations Committee consent agenda, January 7, 2004 (any committee consent agenda item pulled for discussion will be discussed at the beginning of the committee discussion portion of the agenda). 

a. Consent Agenda

(1) Consultant Selection – Video Survey & Assessment of Sanitary Sewer Interceptors Project (EN04-54) 
Committee unanimously recommended approval of awarding a multi-year professional services contract for the Video Survey and Assessment of Sewer Interceptors project to Frazier Engineering, P.A. in the amount of $250,000 per year until all of the scheduled work has been completed or for up to 5-years as funding permits.
(Approved)

(2) Budget Adjustment For Expense of Up-fits for Vehicle 1997, Ladder 3 (FD04-02)
Committee unanimously recommended approval to establish
a capital project for the up-fits to Vehicle 1997 and to transfer $30,000 from FR1020 to meet the funding needs associated with the up-fits to Vehicle 1997. 
(Approved)

(3) State Revolving Loan Funding for Biosolids Dryer (FN04-07)
Committee unanimously recommended approval of the following:
(All Approved)  

a.   Approving the “Resolution by Governing Body of Applicant” included in Attachment 1 for the State revolving loan  

b.   Approving the bond order, Attachment 2, with Exhibit A, in relation to the State revolving loan.  

c.   Transferring $30,000 in restricted sewer funds from the Thermal Biosolids Dryer project to create a new sewer project for the digester pump.  

d.   Combining project SW1056 (main project), SW1080 (Centrifuge) and SW1081 (Digester) into one project.  

e.   Approving the following project appropriation changes:  

(1)      Eliminating the revenue bond and remaining sewer restricted funding (after the transfer from part 3 above) from the newly created combined Thermal Biosolids Dryer project.

(2)      Recognizing the State revolving loan amount of $11,969,573 and the Federal appropriation of $1,355,850 in the Thermal Biosolids Dryer project.  

(3)      Approving the final budget ordinance for the Thermal Biosolids Dryer project in the amount of $13,325,423 as detailed below:  

                        Sources:
                        State Revolving Loan $11,969,573
                        Federal Appropriation $1,355,850

                         Total: $13,325,423
                                                                      
                        Uses:
                        Professional Services: $ 2,244,566
                        Construction: $11,080,857
                                                                   
                        Total: $13,325,423


(4) Amendment to Interlocal Agreement For Regional Wastewater Treatment Alternatives Study (PWUT04-011)
Committee unanimously recommended approval to amend
the interlocal agreement to include the evaluation of regional wastewater treatment alternatives for the proposed additional, concurrent tasks needed to expedite the completion of this project.
(Approved)

(5) Restructuring of the Building and Grounds Division within the Public Works and Utilities Department (PWUT04-12)
Committee unanimously recommended approval of the
Building and Grounds Division's restructuring, including the non-exempt position upgrades and the purchase of three hand held radios.  No additional funds are required to be appropriated to implement this restructuring.
(Approved)

(6) North Carolina ’s Recreational Trails Program (PR04-23)
Committee unanimously recommended approval of endorsing
the grant proposal to North Carolina ’s Recreational Trails Program requesting $50,000 for construction of the Batchelor Branch Greenway. 
(Approved)

(7) Consideration of Windsor Oaks Water and Sewer Petition (EN04-52)  Committee unanimously recommended approval of the petition submitted by Windsor Oaks and accepting the project and recommended pursuing a buy-out of the existing Windsor Oaks water system and negotiating a plan for transferring all water and sewer service and utility billing to the Town. (Approved)

(8) Consideration of Bud El Acres Petition for Sewer Service (EN04-53) Committee unanimously recommended approval of the petition submitted by the residents of Woodland Drive and Lake Drive requesting municipal sewer service. (Approved)

b. For Information Only (no council action required)

(1) Utility Board of Adjustment Annual Report (FN04-08)
Information regarding the Board Activity Levels 
(For information only; no action required)

(2) Lazy Daze Grants Report 2003 (PR04-24)
Annual report to the Town Council of the Lazy Daze Grant recipients from the Festivals Committee
(For information only; no action required)

C.  RECOGNITIONS, REPORTS, AND PRESENTATIONS

1.    Presentation of the Triangle Transit Authority’s annual report. (Provided)

2.    Presentation of the Keep America Beautiful Capital Trees Program Awards. (Provided)

D.  PUBLIC HEARINGS

1.    Public hearing and consideration of referral to the Planning and Zoning Board:  03-REZ-019/03-LPA-10 (1800 Old Reedy Creek Road): Consideration of a request by the property owner, Mattias M. Gould, to rezone approximately 7.74 acres of land located in Wake County from Residential-40 to Transitional Residential Conditional Use. The property is located at 1800 through 1810 Old Reedy Creek Road. (Referred to 3/15/03 Planning and Zoning Board meeting)

2.    Public hearing and consideration of approval of a request to rename the 1900 to 2100 blocks of Yates Store Road to Carpenter Fire Station Road. (Approved effective 7/1/04)

3.    Public hearing and consideration of approval of a request to rename the northern portion of Ambassador Loop to its original name of Wilkinson Avenue. (Approved effective 3/1/04)

E.  PUBLIC SPEAKS OUT (one hour time limit)

(See official minutes)

F.  PLANNING AND ZONING BOARD REPORT (discussion items)

1.    03-REZ-15 (Pulte High House):  Application by Elam Todd d'Ambrosi for Milton A. & Brenda J Cox, Jr., owners, to rezone properties from Residential-40 to Residential-8 Conditional Use. The 54.76 acre property is located at the north side of High House Road (east of Weatherstone subdivision and west of Maynard Crossing Shopping Center). (Tabled until 1/22/04)

2.    Consideration of adoption of amendments to the Land Development Ordinance. (Approved with the 4 Planning & Zoning Board recommendations)

G. TOWN CENTER REVIEW COMMISSION (discussion items)

N/A

H.  COMMITTEE REPORTS (discussion items)

1.   Planning and Development Committee, December 18, 2003

N/A

2.    Operations Committee, January 7, 2004

N/A

I.   OLD/NEW BUSINESS

N/A

J.  LEGAL AND ADMINISTRATIVE ISSUES

Closed session will be called if necessary. (Called)

K.  ADJOURNMENT (8:38 p.m.)

Please contact the Cary Town Clerk with any questions about these draft minutes. The e-mail address is sue.rowland@townofcary.org, and the phone number is (919) 460-4941.