MINUTES (Action taken by council is noted in red next to each item. Due to the length of the minutes, they've been separated into sections to match the agenda. Click on the portion of the minutes you'd like to see.)

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 minutes of the regular town council meeting held on March 23, 2004 and the minutes of the meeting with Chatham County held on March 22, 2004. (Approved)  

b.   Consideration of adoption of the tax report approved by the Wake County Commissioners on March 15, 2004. (Approved)

c.    Consideration of appointment of Martha Dickerson to the Zoning Board of Adjustment to fill an unexpired term, which will expire on February 1, 2006. (Approved)

d.   Consideration of adoption of an order authorizing the issuance and sale by the Town not to exceed $26,000,000 combined Enterprise System Revenue Bonds, Series 2004, and authorizing the execution and delivery of certain documents in connection therewith and the delivery of a first amendatory trust agreement. (Pulled from the consent agenda for discussion; refer to agenda item I.)

e.   Consideration of adoption of a resolution authorizing the Town to enter into an interest rate swap agreement. (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) Consent Agenda

(1) Consideration of adoption of an ordinance amendment pertaining to animal husbandry. (Approved)  

(b) For Information Only (no council action is necessary)

(1) The applicant has withdrawn the following request; no council action is necessary:

Rezoning 03-REZ-18 Arboretum PDD Amendment:  Application by Development Solutions, LLC, on behalf of the landowner, Cary Arboretum, LLC, to amend the conditions of the existing planned development. (No action necessary)

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.    Operations Committee consent agenda, April 14, 2004 (any committee consent agenda item pulled for discussion will be discussed at the beginning of the committee discussion portion of the agenda) 

a. Funding Category Adjustment for Selected Fiscal Year 2004 Water and Sewer Capital Projects (AD04-012)
Committee unanimously recommended:

(1)   Amending the FY 2004 Utility Capital Reserve Ordinance to recognize that $2,010,500 in Water projects and $382,621 in Sewer projects noted on the current Ordinance as funded with Restricted Utility Capital Reserve Fund Balance are actually funded with Unrestricted Utility Capital Reserve Fund Balance. (Approved)

(2)  Making the necessary entries within the Town’s financial software (HTE) to change the name of the Water Restricted or Sewer Restricted appropriations for the projects noted to the Unrestricted Funding Category. (Approved)  

b. Existing Structure in Sanitary Sewer Easement (EN04-056)
Committee unanimously recommended allowing a shed to remain in the sewer easement located at 303 Rustic Ridge Road in Wishing Well Village with the understanding that the liability for any expense of moving the shed at any future time be at the homeowner’s expense, that any damage as a result of moving the shed is at the homeowner’s expense, and that the homeowner grant additional easement for access across the property to the existing sanitary sewer easement. (Approved)

c. Engineer Selection – West Cary Regional Pump Station and Force Main (SW1092) (EN04‑071)
Committee unanimously recommended that an engineering services contract for the West Cary Regional Pump Station and Force Main be awarded to Brown & Caldwell for $462,000. (Approved)

d. Dry Avenue Traffic Calming (EN04-072) 
Committee unanimously recommended approval of the construction of four speed humps on Dry Avenue between Page Street and South Dixon Avenue as well as a variance in the Traffic Calming Policy to forego collection of the full amount of the required fees. (Approved)

e. East Cornwall Road and Warren Avenue Intersection Safety Improvement and Stop Sign Ordinance (EN04-073)
Committee unanimously recommended installation of stop signs, stop ahead signs and stopbars at the intersection of Warren Avenue and Cornwall Road as well as an ordinance amendment providing for the stop streets. (Approved)

f. Recognition of funding from Wake County Public School System (EN04‑074)
Committee unanimously recommended accepting $200,000 in funding from Wake County Public School System for water and sewer extensions to Panther Creek High School . (Approved)  

g. Update to the Town of Cary Standard Specifications and Details Manual (EN04-076)
Committee unanimously recommended approval of proposed revisions to the Town of Cary Standard Specifications and Details Manual. (Approved)  

h. Bid Award – Pavement Rehabilitation (EN04-077)
Committee unanimously recommended awarding a contract to the low bidder, Barnhill Contracting Co. for the Pavement Rehabilitation project for $1,116,940.75. (Approved)  
         Bid Tabulation:
         Barnhill Contracting Co.      $1,116,940.75
         Mangum Asphalt Services $2,183,497.65
         Gelder & Associates, Inc.  $1,192,000.00
         S. T. Wooten Corporation  $1,243,838.25

i. Condemnation Resolutions -- Woodhaven Baptist Church (EN04‑078)
Committee unanimously recommended adoption of resolutions of condemnation related to the Kildaire Farm Road Widening project. (Approved)  

j. Police Purchases Using Restricted Funds (PD04-008)
Committee unanimously recommended using $28,371 in federal drug forfeiture funds and controlled substance tax funds for the purchase of police equipment and expansion of the parking lot at the police firing range. (Approved)

k. Amendment to the Code of Ordinances – 12-212.1 Schedule XIV Designated school speed zones (PD04-009)
Committee unanimously recommended code amendments to designate school speed zones in the vicinity of Cary High School and East Cary Middle School. (Approved)  

l. Funds for Kids Together Park Project (PR04-32)
Committee unanimously recommended a transfer of $76,234 in General Fund Transfer Revenue from Ballfields-Davis/Cary HS (PR1018) to Kids Together Park (PR1002). (Approved)  

m. Utility Customer Support Program (FN04-09)
Committee unanimously recommended developing a new program seeking utility customer donations to provide temporary financial assistance to cover utility bills for other customers in need. (Approved)

C.  RECOGNITIONS, REPORTS, AND PRESENTATIONS

1.    Recognition of Town staff upon receipt of a certificate of appreciation from Triangle J and the Triangle Clean Cities Coalition recognizing Cary’s contributions in reducing harmful transportation emissions and supporting U.S. agriculture through the use of biodiesel. (Recognized)

D.  PUBLIC HEARINGS

1.    All persons who wish to speak during the following special use public hearing must be administered an oath by the town clerk prior to speaking:

Major Special Use 02-MSU-001: The applicant, Bill Piver & Associates, representing Weaver Brothers, Inc., has requested approval of a major special use and site plan for a proposed Volvo Sales and Service Center (Volvo of Cary). The site would be located west of NW Maynard Road, north of Neo-China Restaurant, south of Maynard Crossing Court, and approximately 1,300 feet north of the intersection of NW Maynard Road and High House Road. The plans propose a one-story brick building containing 18,834 square feet on 3.3 acres. According to Section 8.14.4(e) of the Cary Unified Development Ordinance, automotive sales and rental is a major special use in the General Business District and must be approved by the Town Council. The property is inside Cary’s town limits. (Refer to item I.1. on this agenda for the associated site plan, 04-SP-051.) (Approved with the following conditions: (1) No test drive through traffic originating from the Volvo of Cary dealership shall be allowed through the Weatherstone Subdivison; (2) No exterior speaker systems, intercom systems or audio amplification systems or devices shall be allowed; (3) All site lighting shall be designed and installed to prevent off-site glare; (4) All new or used vehicles or vehicles waiting to be serviced or to be picked up by the customer shall be located on-site in designated parking spaces; (5) The approval and implementation of site development plan number 04-SP-051 (Volvo of Cary), which is hereby incorporated as a condition of the major special use permit is a condition of the major special use permit; (6) All vehicle display pads shall be at-grade level as designated on the approved site plan. NOTE: The site plan approval was incorporated in the motion [(5)].)

2.    Rezoning 04-REZ-03, Langston Commons: Application by Withers & Ravenel, Inc. on behalf of Winslow Properties to rezone approximately 21.29 acres located in Wake County at 3505 Ten Ten Road near the intersection of Ten Ten Road and Kildaire Farm Road. The land is currently zoned Residential 40 in Wake County and is proposed for rezoning to Planned Development District (PDD) Minor. (Referred to the 6/21/04 Planning & Zoning Board meeting)

3.    Consideration of an official amendment to the Cary Comprehensive Plan. Specifically, this new chapter of the plan, known as the Vision Element, will set forth long-term principles and policies in four topic areas: transportation, growth and development, public schools, and public involvement in the planning and development process. (Referred to the 5/17/04 Planning & Zoning Board meeting)

E.  PUBLIC SPEAKS OUT (one hour time limit)

See official minutes.

F.  PLANNING AND ZONING BOARD REPORT (discussion items)

N/A

G. TOWN CENTER REVIEW COMMISSION (discussion items)

N/A

H.  COMMITTEE REPORTS (discussion items)

1.    Operations Committee, April 14, 2004  

a. Whitebridge Subdivision - Second Access (EN04-075)
Council member Robinson supports Option 2, extension of Quarrystone Circle to Whitebridge Drive .  Council members Dorrel and Smith recommend Option 4, “doing nothing” at this time, transferring the $320,000 Playford Lane extension project funds to General Capital Reserve-Restricted, and waiting for future development to provide the Playford Lane extension. (Tabled until 4/29/04 to allow staff time to talk with the property owner regarding the possibility of them conveying land to the Town to make the Quarrystone option workable.)

 

b. Veterans Freedom Park Project: A request for funds (PR04-27a)
Council member Smith recommended Option 1, moving forward with the Veterans Freedom Park proposal with 1) approval of the Memorandum of Understanding, 2) appropriate $150,000 from General Fund Fund Balance and establish a capital project, 3) authorize expenditure of $75,000 of the $150,000 for planning and design, and 4) require that the Veterans Freedom Park Foundation provide a progress report and updated planning schedule and costs and hold a public meeting for input and comment prior to expending the remaining $75,000.  Council members Dorrel and Robinson recommended Option 2, considering this project for funding as part of the capital budget process. (Approved an amended Option 1, including: (1) approval of the MOU; (2) appropriation of $150,000 from the General Fund Fund Balance and establishment of a capital project; (3) authorization of expenditure of $75,000 of the $150,000 on 7/1/04 out of the FY2005 budget for planning and design ; (4) requirement that the Veterans Freedom Park Foundation provide a progress report and updated planning schedule and costs and hold a public meeting for input and comment prior to expending the remaining $75,000 [this $75,000 will be escrowed until all conditions are met].)

I.   OLD/NEW BUSINESS

1.    04-SP-051, Volvo of Cary (this site plan is associated with item D.1. on this agenda, Major Special Use 02-MSU-001) (Site plan was approved with the major special use [item D.1.).

2.    Update on the Buffaloe tract tree clearing incident. (Updated; staff will bring additional information outlining options to the Planning and Development Committee)  

3.   Consideration of a utilities request for a proposed Wake County subdivision. (Approved with the following conditions: (1) development will accommodate the road network with adequate buffers as determined by staff; (2) voluntary annexation will occur before plats are recorded; (3) a buffer of at least 50 feet will be created along the American Tobacco Trail.)

4. Consideration of adoption of an order authorizing the issuance and sale by the Town not to exceed $26,000,000 combined Enterprise System Revenue Bonds, Series 2004, and authorizing the execution and delivery of certain documents in connection therewith and the delivery of a first amendatory trust agreement. (Approved)

J.  LEGAL AND ADMINISTRATIVE ISSUES

1. Report of settlement of the Cary/Raleigh water contract lawsuit. (Reported)

2. Closed session will be called if necessary. (Called)

K.  ADJOURNMENT (12:33 a.m.)

 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) 460-4941. Visit our Web site at www.townofcary.org for more detailed information about each agenda item.

Refer to Cary TV 11 for the rebroadcast schedule.