Cary Town Council Meeting Minutes

Thursday, January 13, 2005

6:30 p.m.

Temporary Council Chambers

Herb Young Community Center

101 Wilkinson Avenue, Cary, N.C.

Web Site:  www.townofcary.org  

 

 

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 December 9, 2004, the minutes of the December 7, 2004 meeting with The Ferguson Group, the minutes of the December 7, 2004 Town Operations work session, the minutes of the December 14, 2004 Town Operations work session, and the minutes of the December 16, 2004 Western Wake regional wastewater facility management work session. (Approved)

 

b.   Consideration of adoption of the tax report that was approved by the County Commissioners on December 6, 2004. (Approved)

 

c.   Consideration of adoption of a condemnation resolution for the Long Beverage Sewer Extension. (Approved)

 

d.   Consideration of adoption of condemnation resolutions for the US 1/64 Pedestrian Crossing. (Approved)

 

e.   Consideration of adoption of a certificate of sufficiency and a resolution calling for a public hearing for annexation 05-A-01; property owner is Cary Alliance Church; property address is 4108 Ten Ten Road; 20.21 acres; associated rezoning: 04-REZ-21, Cary Alliance Church. (Approved)

 

f.    Consideration of adoption of a resolution authorizing the Town of Cary to apply for a N.C. Department of Transportation pedestrian planning grant. (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.   Rezoning 04-REZ-20 (Lake Drive)
The property is comprised of 1.55 acres located at 228 Lake Drive, which is approximately 1800 feet from the intersection with Chapel Hill Road. The current zoning is Residential-40, and the proposed zoning is Residential-20 conditional use.  (Approved)

 

b.   Land Development Ordinance Amendment
Request to approve an amendment to the Land Development Ordinance. Major changes are proposed to the following sections: agri-tourism; single family in activity centers; thoroughfare overlay; notice requirements; general appeals of enforcement decisions; aesthetic nuisance and nuisance vehicles in all zoning districts; freestanding telecommunication facilities; financial guarantees; and allowable Best Management Practices. Minor changes are proposed to the following sections: signs; child care; definitions; substantive amendments to the Comprehensive Plan; off-street parking; watershed protection overlay; temporary uses; graphics; screening; permitted uses; time for installation of required landscaping; development prohibited; and exemptions. (NOTE: The political sign amendments and the real estate sign amendments have been removed from this group of amendments and will be considered separately under the Planning and Zoning Board discussion portion of this agenda [see agenda item F.1.]. Staff and the Planning and Zoning Board unanimously recommended NOT to recommend approval of the parking on residential property ordinance amendment, so approval of this item on the consent agenda will not include this particular ordinance.)   (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, December 16, 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)     Saint Francis United Methodist Church – Request Waiver of Woodstream Drive Extension (EN05-066)
Committee recommended denial of a request to waive the requirement to extend Woodstream Drive, an existing stub road. The committee suggested shifting the proposed extension to the northern property line as an alternative at the time of site plan submittal.   (Approved request to deny)

b.   For Information Only (no council action required)

 

(1)     Leasing/Sales Signs for Multi-Occupant Non-Residential & Multi-Family Properties (PL05-016)
Information regarding enforcement of leasing/sales signs for multi-occupant non-residential and multi-family properties (FYI).  (For information only; no council action required)

(2)     The following request was withdrawn by the applicant: Ardmore at Reedy Creek Request for Road Improvement Waiver (EN05-068)
Consideration of a request for a waiver of required road improvements related to Ardmore at Reedy Creek.  (For information only; no council action required)

(3)     Triangle Transit Authority (TTA) Station Update (PL05-017)
Update on the status of the Regional Rail Project and Town of Cary station designs (FYI).  (For information only; no council action required)

5.   Operations Committee Consent Agenda, January 5, 2005 (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)     Water and Wastewater System Extension and Connection Policy (EN05-064)
Committee unanimously supported revising property owner fees for Town-funded utility extension projects. (Approved)

 

(2)     On-call Services for Wetland and Riparian Studies (EN05-069)
Committee unanimously recommended awarding up to four contracts for On-Call Services for Town of Cary Wetland and Riparian Studies. (Approved)

 

(3)     Southeast Area Plan – Funding Recommended Roadway Improvements (EN05-070)
Committee unanimously recommended redefining the use of funds approved in the FY04 CIB for the Walnut Street Corridor Improvements-Phase I project to reflect those improvements approved in the Southeast Area Plan. (Approved)

 

(4)     Changing a Project Scope (EN05-071)
Committee unanimously recommended changing the scope of GG1013 East Park Street Culvert Replacement to Culvert and Storm Sewer Capacity Analysis. (Approved)  

 

(5)     Hillsdale Forest Water and Sewer Extension Project (EN05-073)
Committee unanimously recommended awarding a contract to J.F. Wilkerson Contracting Company, Inc. for $1,057,588.75 for the Hillsdale Forest Water and Sewer Extension Project. (Approved)

 

(6)     Traffic Calming Policy and Standard Procedure Revisions (EN05-074)
Committee unanimously recommended the proposed revisions to Policy Statement 124 and Standard Procedure 111. Ms. Robinson requested that staff add a list of residents who have already talked with Mr. Moore about traffic calming devices. (Approved)

 

(7)     Corrections to Condemnation Resolutions for Wellsley Community Association for the High House Road Widening Project (EN05-076)
Committee unanimously recommended approval of corrections to Resolutions of Condemnation regarding Wellsley Community Association of the High House Road Widening Project. (Approved)

 

(8)     Progress Energy Easement for Sears Farm Road Park (EN05-077)
Committee unanimously recommended approval of a Progress Energy request to grant an easement for Sears Farm Road Park. (Approved)

 

(9)     Fire Department Local Relief Fund Board of Trustees (FD05-004) 
Committee unanimously recommended reappointing Mr. Fred Cobb to the Cary Fire Department Local Relief Fund Board of Trustees. (Approved)

 

(10)    Police K-9 Program (PD05-005)
Committee unanimously recommended approval of the Cary Police Department’s request to begin a police patrol dog, better known as a K-9, program with a combination of town and community funding. (Approved)

 

(11)    Standard of Response Coverage Policy (FD05-003)
Committee unanimously recommended approval of a resolution approving the Fire Department’s Standard of Response Coverage Policy. (Approved)

 

(12)    Maynard Pond (EN05-062)
Committee unanimously recommended denial of a request to finance dredging of Maynard Pond. (Pulled from the consent agenda for discussion; tabled for 60 days; will come back to the 3/10/05 council meeting)

 

(13)    Selection of Morrisville Parkway Alignment Alternative (EN05-067)
Committee unanimously recommended approval of alignment alternative B for Morrisville Parkway between Carpenter Upchurch Road and Green Level to Durham Road. (Approved)

 

(14)    Petition to Narrow the Proposed sidewalk on Walcott Way (EN05-078)
Committee unanimously recommended approval of a petition submitted to the Town of Cary by the residents of Walcott Way and adjoining cul-de-sacs to narrow the width of the proposed 5-foot sidewalk to 4 feet. (Approved)

 

(15)    Automated Meter Reading Study (FN05-008)
Committee unanimously recommended approval of a proposed project to complete a business cost analysis for implementing automated meter reading in Cary and as part of the Morrisville utility merger analysis. (Approved)

 

b.   For Information Only (no council action required)

 

(1)     Utility Board of Adjustment Annual Report (FN05-007)
Information regarding the activities of the Utility Board of Adjustment during calendar 2004 (FYI). (For information only; no council action required)

 

(2)     Lazy Daze Grants Report 2004 (PR05-014)
Annual report to the Town Council of the Lazy Daze Grant recipients from the Festivals Committee (FYI). (For information only; no council action required)

 

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

 

1.    Administration of oath to Town Attorney Chris Simpson. (Administered)

 

2.    Recognition of the Town of Cary being named a 2004 Outstanding Traffic Safety Community by the Carolina Motor Club Foundation for Traffic Safety. (Recognized)

 

3.   Recognition of the Parks, Recreation and Cultural Resources Department and the Teen Advisory Committee for receipt of the North Carolina Recreation and Park Association’s Innovative Program Award for the Cary Teen Forum focusing on the "Pressures of Being a Teen." (Recognized)

 

D.   PUBLIC HEARINGS

 

1.    Special Use 05-SU-001 (SRI Temple)
Consideration of approval of a special use to allow the construction of a Hindu Temple on a parcel of less than 20 acres. The property address is 121 Balaji Place, the parcel is comprised of 7.14 acres, and the current zoning is Residential-40. (Approved without conditions)

 

2.   Rezoning 04-REZ-24 (Turner Creek Planned Development)
Public hearing on the Turner Creek Planned Development. The property is located at 7021 and 7104 Turner Creek Road , approximately 1,000 feet east of the intersection of Turner Creek Road and Highway 55. The current zoning is Residential-40; the proposed zoning is Planned Development District Major. The property contains 133.81 acres. (Referred to the 3/21/05 Planning and Zoning Board meeting)

 

2.   Rezoning 04-REZ-27 (Medfield)
Public hearing on the Medfield rezoning request. The property is located on Princess Anne Road near the intersection of Duxbury Drive. The current zoning is Residential-40; the proposed zoning is Residential-8 Conditional Use. The property contains 5.12 acres. (Referred to the 3/21/05 Planning and Zoning Board meeting)

 

3.   Rezoning 04-REZ-28 (Mt. Zion)
Public hearing to consider amending the zoning conditions of the current Transitional Residential Conditional Use and Residential-12 Conditional Use zoning for property located in the northwest quadrant of the intersection of Chapel Hill Road, Evans Road and NW Maynard Road. Specifically, the request proposes to eliminate the 35-foot buffer condition so that office and retail development may occur without a buffer between similar proposed land uses and parking areas. The property contains 25.83 acres. (Referred to the 3/21/05 Planning and Zoning Board meeting)

 

4.   Annexations
Public hearings on the following annexation petitions:

a.   04-A-25: Property owners include Mt. Zion Missionary Baptist Church, PVS Investments, LLC, and Balasubramaniam and Jamuna Ramalingam; property is located at 0 Chapel Hill Road, 9260 Chapel Hill Road, and 0 Evans Road; 27.41 acres; associated development plan: 04-AC-005 Northwoods Activity Center Concept Plan, which is item F.2. on this agenda. (Approved) 

b.   04-A-26: Property owner is Miller Blackman Ten Ten, LLC; property is located at 4600 Ten Ten Road; 56.88 acres; associated rezoning: 04-REZ-17, which is item F.3. on this agenda. (Approved)  

 

E.   PUBLIC SPEAKS OUT (one hour time limit)

 

See official minutes

 

F.   PLANNING AND ZONING BOARD REPORT DISCUSSION ITEMS (any item pulled from the Planning and Zoning Board consent agenda for discussion [item B.2. on this agenda] will be discussed during this portion of the agenda.  

1.   Land Development Ordinance Amendment
Request to approve an amendment to the Land Development Ordinance regarding political and other temporary signs. (NOTE: This was removed from the group of Land Development Ordinance "Round 3" amendments for discussion purposes. The other ordinance amendments are a part of the Planning and Zoning Board consent agenda.) (Approved)  

2.   Northwoods West Neighborhood Activity Center Concept Plan 04-AC-005 / Land Plan Amendment 04-LPA-13
The property is located at the intersection of Chapel Hill Road, NW Maynard Road and Evans Road and in the Northwoods West Neighborhood Activity Center. The current zoning is Residential-12 conditional use, Transitional Residential conditional use; and Residential-40. The plan proposes an activity center concept plan with commercial, office, institutional, and residential multi-family development. The current land use plan designation is office, commercial and mixed use development. The proposed land use plan designation replaces low density residential with medium density residential. The proposal is comprised of 47.69 acres. (Approved)

 

3.   Rezoning 04-REZ-17 (Ten Ten Road)
The property is located at 4600 Ten Ten Road and contains 56.88 acres. The current zoning is Residential-30 (Wake County). The proposed zoning is Residential-12 conditional use. (Approved staff recommendation)

 

4.   Rezoning 04-REZ-19 / Land Plan Amendment 04-LPA-15 (Regency Park Planned Development)
The property is comprised of 168.32 acres located on Regency Parkway and Ederlee Drive within the Regency Park Planned Development. The request proposes to amend the existing conditions of the Planned Development. A land plan amendment is required to permit a mix of residential, office and institutional, and commercial uses. (Tabled until the 1/27/05 council meeting))

 

G.   TOWN CENTER REVIEW COMMISSION (discussion items)

 

N/A

 

H.   COMMITTEE REPORTS (discussion items)

 

1.   Planning and Development Committee, December 16, 2004 (any item pulled from the Planning and Development Committee consent agenda for discussion [agenda item B.4] will be discussed during this portion of the agenda)

 

a.   Gates of Light: Town Hall Campus Gateway Public Art (PR05-013)
Committee recommended forwarding this item for discussion at Council’s January 13, 2005 meeting. Ms. Robison and Ms. Dorrel supported staff’s recommendation while Mr. Joyce did not support the recommendation. Staff’s recommendation is to accept the Public Art Advisory Board’s recommendation to affirm the project design and authorize expenditure of $119,250 which will be matched by CVA for the main design component of “Gates of Light.”  The project would not begin until additional funds were raised in the community to fully implement the design. (Approved staff recommendation)

 

2.   Operations Committee, January 5, 2005 (any item pulled from the Operations Committee consent agenda for discussion [agenda item B.5] will be discussed during this portion of the agenda.

 

a.   Multipoint Interactive Meeting (AD05-009)
Committee unanimously acknowledged the benefit of this tool and recommended forwarding to it Council at its next meeting, where Susan Moran will provide a brief overview of the item. (Approved incorporating in toolkit for future use as needed)

 

b.   Art Enhancements to the proposed Morrisville Parkway Bridge (EN05-072)
Committee voted that Council should discuss this item at its next meeting. Ms. Robinson stated that she supported Option 1; however she did not support pursuing the public art phase of it at this point. Ms. Dorrel stated that given the additional cost to the overall project, she could not justify supporting it. Mr. Smith expressed similar concerns. Ms. Robinson asked staff to review the costs of the art enhancements before the next Council meeting to identify areas to reduce costs. (Council directed staff to bring more renderings to the 1/27/05 council meeting of Option 1 and reduced-cost options with regard to Option 1. )  

 

I.    OLD/NEW BUSINESS (any item pulled from the Regular consent agenda for discussion [agenda item B.1.] will be discussed during this portion of the agenda)

 

1.   Consideration of adoption of an ordinance revising a utility service and annexation agreement between the Towns of Cary and Apex for the boundary line between these two municipalities. (Approved)

 

2.   Consideration of appointment of board/commission members. (Appointed the following people: Economic Development Commission: Gary Ashworth, Russ Buxton, Brad McGinnis, Nellie Shipley, Gregg Sandreuter, Jack Smith [as the Wake County Economic Development liaison]; chair is Wayne Loots; Information Services Advisory Board: Donna Bravo, Jamie Cuticchia, Steve Del Verde, Mark Evangelista, Esther Ortega-Bridger, Angel Wright-Feldman; chair is Jo Rathgeber; Parks, Recreation and Cultural Resources Advisory Board: Jeff Boucher, Susan Davenport, Tullie Johnson, Steve Smutko, chair is Tom Hemrick; Planning and Zoning Board: Kelly Commiskey, Harry Baulch, Wally Dawson, chair is Wally Dawson; Public Art Advisory Board: Gary Bishop, Smythe Richbourg, Larry Schessel, chair is Carol Aupperle; Sister Cities Commission: Ron Boling, Amy Feistel, Virginia Laughlin, Tara Romano, co-chairs are Ian Hinshaw and Mary Lou Addor; Town Center Review Commission: Andy Hadsell, Renee Hutcheson, chair is Kelly Commiskey [chair is always from the Planning and Zoning board]; Utility Board of Adjustment: Girard Lew, Thomas Saile as alternate, Michael Walsh, chair is Michael Walsh; Zoning Board of Adjustment: Lawrence Block, Robert Cassell, Gaines Weaver, recommend Catherine Heath as the ETJ alternate member [must be approved by Wake Co. Commissioners], chair is Gaines Weaver. In addition, council also approved the following waivers: [1] changed the structure of the Economic Development Commission to align with the structure of the other Town boards by decreasing the remaining council membership [public sector] and increasing the private sector membership by one position [total membership remains at 12]; [2] authorized the Parks, Recreation and Cultural Resources Advisory Board to appoint from its own membership the chairs for the Teen Advisory Committee, Greenway Committee, Athletics Committee and Cultural Arts Committee; [3] waived the attendance requirement to allow for the reappointment of Amy Feistel to the Sister Cities Commission; and [4] waived the 2-term limit to allow the reappointment of Wally Dawson to the Planning and Zoning Board and Gaines Weaver on the Zoning Board of Adjustment.)

 

3.   Consideration of adoption of a resolution making certain findings and determinations, authorizing the filing of an application with the Local Government Commission, and appointing bond counsel in connection with the proposed issuance of clean water bonds for wastewater facilities and open space by the Town of Cary. (Approved; directed staff to offer a Cary 1-stop early voting site)

 

J.   LEGAL AND ADMINISTRATIVE ISSUES

 

     Not called

  

K.   ADJOURNMENT

     11:18 p.m.