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Cary
Town Council
Meeting Minutes
July
15, 2004
6:30
p.m.
Temporary
Council Chambers
Herb
Young Community Center
101
Wilkinson Avenue, Cary, N.C.
Web
Site: www.townofcary.org
(NOTE:
DUE TO THE LENGTH OF THESE MINUTES, THEY ARE DIVIDED INTO SECTIONS. CLICK
ON THE APPROPRIATE LINK TO REVIEW THE SECTION OF INTEREST TO YOU.)
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
June 24, 2004. (Approved)
b.
Consideration of approval of appointments to the following
boards/commissions:
(1)
Barbara Bloodworth to the Sister Cities Commission to fill an
unexpired term, which expires on
February 1, 2006. (Approved)
(2)
Frederick Woolard to the Information Services Advisory Board to
fill an unexpired term, which expires on
February 1, 2007. (Approved)
c.
Consideration of adoption of certificates of sufficiency and
resolutions calling for public hearings on the following annexation
petitions:
(1)
04-A-12, Crossroads Holdings LLC, 17.17
acres
(Approved)
(2)
04-A-13, 1010 Investors LLC, 41.77 acres
(Approved)
(3)
04-A-14, Russell W. and Dianne N.
Tarlton, 6.77 acres
(Approved)
(4)
04-A-15, Starcraft Builders, Inc., 3.41
acres
(Approved)
(5)
04-A-16, The Drees Company, 6.59 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)
N/A
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,
July 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) Tryon Road Project Condemnation
Resolution (EN05-001)
Committee unanimously recommended adopting a condemnation
resolution for Progress Energy related to the Tryon Road
widening project.
(Approved)
(2)
Developer
Funding for Fieldstone Pump Station Upgrades (EN05-002)
Committee unanimously recommended recognizing a $17,473.95
fee-in-lieu from the developers of Highcroft for upgrades to
the Fieldstone Pump Station.
(Approved)
(3)
Developer
Funding for Davis
Drive Widening
Additional Improvements (EN05-004)
Committee unanimously recommended recognition of a payment of
$90,504.35 from the developers of Stone
Creek
Village
for additional improvements to Davis Drive.
(Approved)
(4)
Modification
to the existing Traffic Signal at Cary Parkway
and Lake
Pine Drive (EN05-005)
Committee unanimously recommended adding left turn phasing to
the traffic signal at Cary Parkway
and Lake Pine Drive utilizing funds from the FY2005
Traffic Signalization account.
(Approved)
(5)
Recognition
of Developer Funding for Davis
Drive Widening
Additional Improvements (EN05-006)
Committee unanimously recommended recognition of a payment of
$31,887.75 from the developers of Carramore for additional
improvements to Davis Drive.
(Approved)
(6)
Bid
Award–2004 Sidewalk Improvements Project (EN05-007)
Committee unanimously recommended that Narron Contracting,
Inc. be awarded the construction contract for the 2004
Sidewalk Improvements Project for the bid amount of $188,666.
(Approved)
(7)
Progress
Energy Request for an Easement at Morris Branch Pump Station
(EN05-008)
Committee unanimously recommended approval of a request by
Progress Energy for an easement at Morris Branch Pump Station.
(Approved)
(8)
Storm
Drainage Improvement Request (EN05-009)
Committee unanimously recommended approval of a request to
improve the storm drainage system from Hunter Street
to the Webster Street culvert.
(Pulled from consent agenda for discussion; approved)
(9) Silvergrove
Drive
Traffic Calming (EN05-010)
Committee unanimously recommended approval of a request to
construct six speed humps on Silvergrove Drive
and further directed that staff
install correct signage if necessary.
(Approved)
(10)
Traffic
Impact Study On-Call Services – Selection of Consultants
(EN05-011)
Committee unanimously recommended awarding
contracts for on-call services for Town of Cary Traffic Impact Studies
to HNTB North Carolina, Stantec, and Martin Alexiou Bryson (MAB).
(Approved)
(11)
Town
of Cary
Participation
in HOME
Consortium with
Wake
County
(PL04-071)
Committee unanimously recommended approval of an Authorizing
Resolution, and execution of a Consortium Agreement and
Memorandum of Understanding with Wake
County.
(Pulled from consent agenda for discussion; approved the authorizing
resolution, the consortium agreement; did not approve the memorandum of
understanding)
(12)
Interlocal
Agreement For Regional Wastewater Treatment Permitting,
Engineering, and Land Acquisition (PWUT05-01)
Committee unanimously recommended approval of an agreement
with Apex, Holly Springs, Morrisville and Wake County for
planning, permitting and land acquisition for regional
wastewater treatment facilities; a resolution of intent to
apply for a state loan; and a Capital Project Ordinance.
(Approved)
b.
For Information Only (no council action required)
(1)
Interest
Rate Swap Agreement
(FN05-01)
Information regarding the interest rate swap agreement
(no council action required)
(2)
Safety Town Program
(PR05-01) (no council action required)
(3) Gates of Light
Informational Model Display (PR05-02)
Overview of Model Display to inform the public and receive
additional public input concerning the Town Hall Campus
Gateway Project (no council action required)
(4)
Economic Development Commission
Mission Update
(AD05-001)
Committee requested that this item be tabled until the August
Operations Committee meeting. (no council action required)
C.
RECOGNITIONS, REPORTS, AND PRESENTATIONS
1.
Recognition of Deputy Town Clerk Karen Gray
upon her achievement of attaining the Certified Municipal Clerk
designation. (Recognized)
2.
Recognition of the Cary Police Department,
the Citizen’s Police
Academy, and the Citizens Assisting Police. (Recognized)
D.
PUBLIC HEARINGS
1.
REZONING
PETITION 04-REZ-09 / LAND USE PLAN PETITION 04-LPA-07
This request encompasses four parcels of land within the SAS Research,
Inc., campus. One parcel is
approximately 740’ southeast of the intersection of
North Harrison Avenue
and
SAS Campus Drive
, and three are approximately 1300’ east of the intersection of
North Harrison Avenue
and
Research Drive
. The current zoning is Residential-40 with an Activity Center Overlay.
The requested zoning is Office and Institutional, removing the Activity
Center Overlay. The current Land Use Plan designation is Low Density
Residential and Medium Density Residential. The requested Land Use Plan
designation is Office and Institutional. (Referred
to 8/16/04 Planning & Zoning Board meeting)
2. SPECIAL
USE PERMIT PETITION 04-SU-003 (refer to item F.2. on this agenda for
the associated site plan)
This request is for Special Use
Permit to allow the construction of a church. The property is located at
1528 Davis Drive
and contains 5.61 acres. (NOTE: There are special
rules for this quasi-judicial public hearing. All speakers must be
sworn in by the town clerk prior to speaking.) (Approved)
3.
ANNEXATION PETITION 04-A-10
Craven
A. and Mae W. Langston;
3505 Ten Ten Road; located 1,600 feet
west of the intersection of Ten Ten Road and
Den Heider Way. (Approved)
4.
CABLE TV
Consideration
of revisions to the Town’s Telecommunications Ordinance and a new
cable television franchise agreement with Time
Warner Cable. (Referred
to 8/12/04 council meeting agenda for first reading)
E.
PUBLIC SPEAKS OUT (see
official minutes)
F.
PLANNING AND ZONING BOARD REPORT (discussion items)
1.
Rezoning
Petition:
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. (NOTE:
This item qualifies for the consent agenda; however, the associated
annexation, which is item D.3. on this agenda, must be handled prior to
final action on the rezoning.) (Approved)
2.
Consideration of approval of 04-SP-037, Pleasant Grove
Church, site plan (this is associated with Item D.2. on this agenda) (Approved)
3.
Consideration of adoption of the southwest
area plan. (Tabled until 8/12/04
council meeting)
4.
Consideration of adoption of Round 2
Land Development Ordinance amendments. (Schools
adequate public facilities ordinance pulled and referred back to Planning
and Zoning Board; approved twinkle lights [with all conditions recommended
by staff] in town center for landscapes; did not approve twinkle lights
in town center around windows; denied illuminated window signs in town
center; approved all other staff recommendations in Round 2 LDO
amendments.)
G.
TOWN
CENTER
REVIEW COMMISSION (discussion
items)
N/A
H. COMMITTEE REPORTS
(discussion
items)
1. Operations
Committee,
July 7, 2004
a.
Cape Fear River Hydrologic
Model Update – Interlocal Agreement (PWUT05-02)
Committee recommended that consideration of an agreement with the Cape
Fear River Assembly and sixteen other counties or municipalities to
receive State funding and update the Cape Fear River Hydrologic Model be
discussed by the full council. (Approved)
I.
OLD/NEW BUSINESS
N/A
J.
LEGAL AND ADMINISTRATIVE ISSUES
(called)
K.
ADJOURNMENT
(10:25 p.m.)
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