August 12, 2004
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.)
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
b.
Consideration of adoption of certificates of sufficiency and
resolutions calling for public hearings on the following annexation
petitions:
(1)
04-A-17, SAS Institute and Reedy
Creek Investments, LLC, 8.30 acres
(2)
04-A-18, Roger and Donna D’Jernes and
David and Karen Hushek, 2 acres
(3)
04-A-19, John E. Brown, 6.26 acres and
Starcraft Builders, Inc., 0.33 acre
(4)
04-A-20, BMF Partners, LLC, 10.48 acres
c.
Consideration of approval of the tax
report that was adopted by the Wake County Commissioners on
d.
First reading of the proposed amendment
to the Cable TV ordinance. (Removed from consent for discussion; see item I.4. on this agenda for
action.)
e.
First reading of the proposed Cable TV
franchise agreement. (Removed from consent for discussion; see item I.5. on this agenda for
action.)
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)
This request is to approve an activity center concept plan for a
portion of the Morrisville Parkway Neighborhood Activity Center, to
construct 153,546 square feet of commercial development in the southeast
corner of Carpenter Upchurch Road and Morrisville Parkway, 20,000 square
feet of office development and 33,100 square feet of commercial
development southeast of the proposed intersection of Morrisville Parkway
and Louis Stephens Road, 93 townhouse units located northeast of the
intersection of Carpenter Upchurch Roads and Morrisville Parkway, and 16
single-family lots located southeast of Morrisville Parkway and the
proposed Louis Stephens Road. (Approved)
b.
ACTIVITY
CENTER CONCEPT PLAN 04-AC-002 (Crossroads
This request is to approve an activity center concept plan to
construct approximately 133,000 square feet of indoor new car and truck
sales with no servicing or repair of vehicles. The property contains 15.41
acres and is zoned Office and Institutional and is proposed for Low
Intensity Commercial. The property is located at
c.
REZONING
PETITION 04-REZ-04 / LAND USE PLAN PETITION 04-LPA-02 (1800 Old Reedy
This
request encompasses five parcels located at 1800 Old Reedy Creek Road. The property is located approximately 770’
north of the intersection of Old Reedy Creek Road and Weston Parkway. The current zoning is Residential-40; the proposed zoning is Office,
Research, and Development Conditional Use. The requested Land Use
Amendment is to change the low density designation to office and
industrial. The property contains approximately 7.4 acres.
(Approved)
d.
REZONING
PETITION 04-REZ-08 (North Carolina Highway
55 and
Morrisville Parkway)
This
request is to rezone property located at 3761 N.C. Highway 55. The
property is currently zoned Residential-40; the proposed zoning is Office,
Research and Development. The property contains approximately one acre. (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, July 15, 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)
Financial Guarantee Requirements for Government Agencies (EN05-014)
Committee unanimously recommended requiring financial guarantees for
government agencies developing within the Town of Cary.
(2)
Donation of Painting by
Committee unanimously recommended acceptance of a donation of a painting
from Cary Visual Art.
b.
For Information Only (no council discussion or action necessary)
(1)
Update on Fences Located Adjacent to Thoroughfare and Collector
Streets (PL04-074)
Informational report regarding compliance with Town fence requirements.
5. Operations Committee consent agenda, August 4, 2004 (any committee consent agenda item pulled for discussion will be discussed at the beginning of the committee discussion portion of the agenda)
(1)
Capital Project Budget Adjustments (AD05-002)
Committee unanimously recommended approval of 1) an adjustment to
decrease the Cable TV Franchise Fee appropriation to Project ST1108
to $18,000 and the creation of an NCDOT reimbursement account in the
amount of $162,000 in order to properly reflect current funding mechanisms
for the CSX Rail Platform Project and 2) funding transfers to enable the
Town to spend 2001 Water Bond Proceeds in accordance with federal tax law
requirements.
(2)
Modification to Traffic Signal (EN05-015)
Committee unanimously recommended adding pedestrian phasing to the
existing traffic signal at Harrison Avenue and
Harrison
(3)
Grant Award – Nitrogen BMP Removal
Project in the Town
Center Area
(EN05-016)
Committee unanimously recommended approval of the Nitrogen BMP Removal
Project (GG1061) and of recognizing $400,950 in funding from the NC Ecosystem
Enhancement Program for this project.
(4)
Tryon Road Widening Condemnation Resolution (EN05-017)
Committee unanimously recommended approval of a condemnation resolution
for the Marshall and Ottoway properties for the Tryon Road Widening
Project.
(5)
Tryon Road Widening Revised Condemnation Resolution (EN05-019)
Committee unanimously recommended adoption of a revised condemnation
resolution for the Tryon Road Widening Project.
(6)
Town Hall Expansion Building Identification
(EN05-020)
Committee unanimously recommended that the new building on the Town Hall
campus be identified by its address, 120 Wilkinson Avenue and that, upon
completion of the Town Hall Expansion Project, the old buildings “A”
and “B,” along with the new council chambers, be identified as “Cary
Town Hall.”
(7)
2004 Street Improvements Project (EN05-021)
Committee unanimously recommended a list of streets for the 2004 Street
Improvements Project.
(8)
Amendment to the Code of Ordinances –
Designated School Speed Zones (PD05-001)
Committee unanimously recommended approval of an amendment to the Code of
Ordinances regarding designated school speed zones.
Committee unanimously recommended approval of a new collector avenue
standard.
(10)
Proposed Revision to the FY05 Capital
Budget (PWUT05-003)
Committee unanimously recommended deleting FY05 CIB Project SW1108, Waste
Activated Sludge Pumping from NCWRF to SCWRF Feasibility Study, and
creating a new FY05 CIB Project, Waste Biosolids Management Plan.
(11)
Award of Consultant’s Contract for
Western Wake Regional Wastewater Management Facilities Planning and
Permitting (PWUT05-004)
Committee unanimously recommended approval of an amendment to a
consultant’s contract for work related to the next phase of the Western
Wake Regional Wastewater Management Facilities – planning, and
permitting.
(12)
Economic Development Commission Mission
Update (AD05-003)
Committee unanimously recommended approval of changing the official
mission of Town Council’s appointed Economic Development Commission to:
The Cary Economic Development Commission promotes and encourages
the economic, commercial, financial, industrial, agricultural, and civic
welfare of Cary citizens and taxpayers by supporting the development,
attraction, retention and expansion of businesses, industries, commerce,
and employment within the community and region.
(13)
Skate
Park
Operations (PR05-004)
Committee unanimously recommended that the Town manage the operations
Sk8-Cary in‑house. To
this end, committee also recommended 1) Authorization of one new
permanent position (Skate Park Supervisor, Grade 21, Nonexempt), 2)
Approval of the budget for revenues and expenses for the remainder of
FY2005 to be established in a sub‑fund of the general fund, 3)
Authorization of the budget adjustments necessary to consolidate
already-approved funding into the new Sk8-Cary sub-fund and
appropriate new funding needs for FY2005 of $8,978 from general fund fund
balance, and 4) Approval of revenue increases effective January 1, 2005.
b.
For Information Only (no council discussion or action necessary)
(1)
Application for Section 319 Water Quality Grant
(PL05-001)
Information regarding an application for a $150,000 grant from the NC
Division of Water Quality to create a Southwest Area Plan Low-Impact
Development Demonstration Project.
(2)
Update on the progress of the design of the pedestrian overpass as part of
the NC Department of Transportation US 1/64 widening project.
(3)
Village
of
Committee requested that staff continue to work with residents of the Village
of
C.
RECOGNITIONS, REPORTS, AND PRESENTATIONS
1. Recognition
of Ms. Cynthia LaChapelle,
Mr. Natale Tallarino
and Mr. Bernard King
for their heroism. (Recognized)
1.
REZONING
PETITION 04-REZ-10 / LAND USE PLAN PETITION 04-LPA-09 (Amberly Planned
Development District amendment)
This request encompasses the development known as Amberly, which
is located south of O’Kelly Chapel, north of Carpenter Fire Station Road
and northwest of
This request encompasses one parcel located at 4333 West Lake Road. The property is
located at the intersection of West Lake
and Optimist Farm Road. The current zoning is Residential-30 (Wake
County); the proposed zoning is Planned Development District-Major (Town
of Cary). The request consists of approximately 87.91 acres. (Referred
to 10/18/04 planning and zoning board meeting)
3.
REZONING
PETITION 04-REZ-12 / LAND USE PLAN PETITION #: 04-LPA-08 (The Lang-Set
Corporation)
This request encompasses one
parcel located at 2503 Ten Ten Road. The current zoning is Residential-40; the proposed
zoning is General Commercial Conditional Use. The requested Land Use Plan
amendment is to change the low density residential designation to
commercial designation. The request consists of approximately 1.44 acres. (Referred
to 10/18/04 planning and zoning board meeting)
The
request is to consider revisions to the previously approved Parkway
Pointe Neighborhood Activity Center Concept Plan to change the
proposed use from a nursing home and apartment units located in five 2-
and 3-story buildings, to 40 single-family lots. The
revised plans also propose retaining the previously approved
office/commercial development portion of the plan near
5.
ANNEXATION
PETITIONS
Public hearings and consideration of adoption of annexation ordinances on the following petitions:
(a)
04-A-12, Crossroads Holdings LLC, 17.17
acres
(b)
04-A-13, 1010 Investors LLC, 41.77
acres
(c)
04-A-14, Russell W. and Dianne N. Tarlton,
6.77 acres
(d)
04-A-15, Starcraft Builders, Inc., 3.41
acres
(e)
04-A-16, The Drees Company, 6.59 acres
E.
PUBLIC SPEAKS OUT (one hour time limit)
See official minutes.
F.
PLANNING AND ZONING BOARD REPORT (discussion items)
1.
REZONING
PETITION 04-REZ-05 (Preston/Powell Tract)
This
request is to rezone property at
2.
ACTIVITY
CENTER CONCEPT PLAN 04-AC-002 (Crossroads
This request is to approve an activity center concept plan to
construct approximately 133,000 square feet of indoor new car and truck
sales with no servicing or repair of vehicles. The property contains 15.41
acres and is zoned Office and Institutional and is proposed for Low
Intensity Commercial. The property is located at
G. TOWN
N/A
H. COMMITTEE REPORTS (discussion
items)
1. Operations
Committee, August 4, 2004
(Council Member Robinson)
a. Proposed
Lease Agreement for the Operation and Management of
SAS
Committee unanimously recommended approval of a proposed lease agreement
between
1.
Consideration of adoption of the Southwest
Area Plan. (Adopted with
additional
notes recommended
by staff and
with staff recommendation
on the Southerland and Jenkins properties)
2.
Council discussion on the illuminated sign issue in the Town
Center Area. (Asked
staff to revisit the
downtown lighted sign ordinance;
specified that signs should be no more than two square feet and should be
limited to neon-type lighting; public hearing should occur on 9/9/04;
should be referred to the planning & zoning board for their 9/20/04
meeting and should come back to council for final vote on 9/22/04)
3.
Consideration of approval of annexation
petition 04-A-11; ITAC 65, LLC; 10500 World Trade Boulevard; located
3,020 feet south of intersection of Globe Road and World Trade Boulevard,
18.09 acres. (Approved)
4.
First reading of the proposed amendment
to the Cable TV ordinance. (Approved
1st reading with changes as presented by staff; will be on 8/26/04 agenda
for 2nd reading and final vote)
5.
First reading of the proposed Cable TV
franchise agreement. (Approved 1st
reading as presented by staff; will be on 8/26/04 agenda for 2nd reading
and final vote)
J.
LEGAL AND ADMINISTRATIVE ISSUES
Called.
Following closed session, the council repealed effective immediately the Town's policy of requiring registering and/or charging a fee for political signs.
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