Cary Town Council Meeting Minutes

Thursday, May 12, 2005

6:30 p.m.

Temporary Council Chambers

Herb Young Community Center

101 Wilkinson Avenue, Cary, N.C.

Web Site:  www.townofcary.org  

(Due to the length of these minutes, they are divided into sections. Click on the appropriate link to see the corresponding portion of the minutes)

A.   COMMENCEMENT

1.    Call to Order (Provided)

2.    Ceremonial Opening (Provided)

3.   Adoption of agenda (Removed item B.3.a.(3) - Bid Award - Fire Station#7 Offsite Utilities, from the agenda and scheduled this item for the 5/26/2005 meeting; removed item F.3. - 04-REZ-32, Bishop's Gate, from the agenda and scheduled this item for the 6/9/2005 meeting; approved agenda as amended)

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, which is item H on this agenda)

a.   Consideration of approval of the minutes of the regular town council meeting held on April 28, 2005 and the minutes of the work session held on April 26, 2005. Council may take final action. (Approved)

b.   Consideration of approval of certificates of sufficiency and resolutions calling for public hearings to be conducted on June 9, 2005 for the following annexation petitions. Council may approve the certificates of sufficiency and call for public hearings to be conducted on June 9, 2005.

(1)     05-A-08; property is located at 1021 Lazy Dee Drive and contains 20.4 acres; the property owner is The Dixon Family Trust; the associated rezoning case is 05-REZ-02, Forest Oaks Planned Development (Approved)

(2)     05-A-09; property is located at 3300, 3320 and 3328 Campbell  Road and contains 32.3 acres; the property owners are John and Kim Summers and Leora K. Scott; the associated rezoning case is 05-REZ-03, Summers Tract (Approved)

2.   Land Development Consent Agenda (any land development consent agenda item pulled for discussion will be discussed at the beginning of the land development discussion portion of the agenda, which is item F on this agenda)

a.   Ordinance Amendment
Consideration of approval of transportation development fee ordinance changes to be effective July 1, 2005. Council may take final action. (Approved)

b.   Activity Center Concept Plan 04-AC-007 (High House Road / Maynard Road Activity Center Concept Plan)
Property is located in the southeast corner of the intersection of NW Maynard Road and High House Road and contains 4.37 acres. The request is to include an activity center overlay with the current Residential-40, Residential-20 and Residential 8 zoning. A land use plan amendment is no longer necessary. Council may take final action. (Approved)

3.   Operations Committee, May 4, 2005 (any committee consent agenda item pulled for discussion will be discussed at the beginning of the committee discussion portion of the agenda, which is item G on this agenda)

a.   Consent Agenda (Council may take final action according to the committee’s recommendations)  

(1)     2005 Cary Candidate Forum(s) (AD05-015)
The committee unanimously recommended approval of conducting 2005 Cary Community Forum(s), reappointment of the Wake County League of Women Voters as the forum manager, and a $12,500 appropriation in the FY06 operating budget. (Approved)  

(2)     Wellingborough Traffic Calming (EN05-123)
Committee unanimously recommended approval of the construction of three medians, two raised crosswalks, one bump-out, and one traffic circle on Wellingborough Drive and Forest Park Way and that the Wellington Ridge and Wellington Park homeowners associations be allowed to plant and maintain landscaping in the medians after executing an encroachment agreement. (Approved)  

(3)     Bid Award – Fire Station #7 Offsite Utilities (EN05-124)
Committee unanimously recommended that the low bidder, Wm. J. Keller & Sons Construction Corp. be awarded the construction contract for the Fire Station #7 Offsite Utilities Project for $401,301.27.  The other bidders were H.B. West, Inc. at $406,922.65 and J. F. Wilkerson Construction, Inc. at $420,435.25.  

REMOVED ABOVE ITEM FROM 5/12/2005 agenda; scheduled this item for the 5/26/2005 agenda.

(4)     Request to Initiate Condemnation Proceedings for the Chapel Hill Road Widening Project (EN05-125)
Committee unanimously recommended approval of initiating condemnation proceedings related to the Chapel Hill Road Widening Project and execution of the required Resolutions Authorizing Condemnation. (Approved)  

(5)     Bid Award – Utility projects (EN05-126)
Committee unanimously recommended that the low bidder, Sappah Brothers, Inc. be awarded the construction contract for the 9520 Chapel Hill Road Sewer Extension and Normandy Street Water Main Replacement in the amount of $218,012.  Other bidders were HB West at $230,747.95, J.F. Wilkerson Construction, Inc. at $231,030 and Billings & Garrett at $299,817.60.  In addition to the bid award, the following actions are recommended for the funding for this project: 

9520 Chapel Hill Road Sewer Extension:  $45,000 was appropriated for this project in FY2003 as a part of the Town’s water/sewer extension commitment for a specified list of involuntary annexations.  Currently, SW5009 – Annex – Chapel Hill Road has a budget of $45,000 and a remaining balance of $36,766.28. 
Normandy Street Water Main Replacement: Staff recommends that capital projects WT1080 (Water Line Upgrade FY 02) and WT1083 (Upgrade Water Lines FY03) be combined into WT1101 (Water Line Upgrade FY04) to fund the Normandy Street Water Main Replacement.  WT1101 should also be renamed Normandy Street Water Main Replacement. 

Combining these projects provides $244,403 for the Normandy Street Water Main Replacement.  These funds address estimated project cost and contingency.  Any funds not expended at project completion will revert to utility capital reserve fund balance.  (Approved)

(6)     Reimbursement Contract – American Asset Corporation (EN05-127)
Committee unanimously recommended entering into a reimbursement contract with American Asset Corporation for offsite sanitary sewer lines. (Approved)  

(7)     Reimbursement Contract – Cameron Pond PDD (EN05-128)
Committee unanimously recommended entering into a reimbursement contract with Cameron Pond PDD for an offsite sanitary sewer line. (Approved)  

(8)     Sales Tax Reallocation Audit (FN05-015)
Committee unanimously recommended approval of Wake County ’s request for Cary to share in the cost of a sales tax reallocation audit and to appropriate $20,000 of general fund fund balance for the project to the Finance/Accounting contracted services budget.  (Approved)  

(9)     Swift Creek Pumping Station Expansion Project Bid Award (PWUT05-13)
Committee unanimously recommended that the low bidder, Laughlin-Sutton Construction Company, be awarded the construction contract in the amount of $3,466,200 for the Swift Creek Pumping Station Expansion.  Other bidders were T. A. Loving Company for $4,735,000 and Crowder Construction Co. for $3,555,800. (Approved)  

(10)    Operations Center Expansion/Renovation–Warehouse Expansion Bid Award (PWUT05-14)
Committee unanimously recommended bid award to the low bidder, Geo. Raper and Son, Inc., for the William Garmon Operations Center Expansion/Renovation-Warehouse Expansion Project for a base bid price of $532,325.  Other bidders were Polythress Commercial Contractors for $624,400 and Scotia Construction, Inc. for $714,000.  (Approved)

(11)    Materials for Multi-Use Paths (EN05-129)
Committee unanimously recommended that either asphalt or concrete be acceptable materials for multi-use paths with the choice determined by the combined criteria of cost and constructability, user type, and aesthetics when built in conjunction with or parallel to roadways. (Approved)  

(12)    Position Classification and Pay Study (HR05-02)
Committee unanimously recommended approval of the Classification and Pay Study recommendations to be effective July 1, 2005, with funds appropriated in the FY2006 budget. (Approved)  

(13)    Cary Tennis Center Operations (PR05-19)
Committee unanimously recommended approval of the additions to the Cary Tennis Center fees and charges to be implemented August 1, 2005 as well as approval of an ornamental picket fence and a budget adjustment appropriating $38,650 from General Capital Reserve Unrestricted Fund Balance to the existing Capital Improvement Budget Tennis Court Replacement Project.  (Approved)  

(14)    SAS Soccer Park – Operations Policy (PR05-20)
Committee unanimously recommended approval of 1) the facility goals for SAS Soccer Park (with the addition of a goal that clarifies that the Soccer Park is to be a regional venue that promotes tourism), 2) the SAS Soccer Park Operating Hours and Usage Policy, and 3) fees and charges for the facility. (Approved)  

b.   For Information Only (no council action required)

(1)     Storm Drainage Policy Statement Amendment (EN05-108)
Committee unanimously recommended approval of amendments to Policy Statement 35, Storm Drainage Improvement Requests, and a new Policy Statement, Stormwater Capital Improvement Requests.  The committee did request that a ranking criteria be developed for the private property requests and therefore that this item be delayed until the May 26, 2005 council meeting. (For information only; no council action required)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

N/A

D.   PUBLIC HEARINGS

1.   Rezoning 05-REZ-06 (Herndon Property, Residential)
The property is located at 6828 Turner Creek Road and contains 4.6 acres. The current zoning is Residential-40 (Wake County); the proposed zoning is Residential-8. Council may refer this item to the July 18, 2005 Planning and Zoning Board meeting after the public hearing. (Referred to 7/18/2005 Planning & Zoning Board meeting)

2.   Rezoning 05-REZ-07 (Herndon Property, Office and Institutional)
The properties are located at 2404 Highway 55 (Tract 1) and 123 Bright Beginning Way (Tract 2) and contain 4.17 acres. Tract 1 is currently zoned Residential 40; Tract 2 is currently zoned Office and Institutional Conditional Use. The request proposes to rezone Tract 1 to Office and Institutional and to delete an existing condition concerning access to Highway 55 on Tract 2. Council may refer this item to the July 18, 2005 Planning and Zoning Board meeting after the public hearing. (Referred to 7/18/2005 Planning & Zoning Board meeting)

3.   Rezoning 05-REZ-09 (Dellinger Planned Development Amendment)
The property is located in the northeast corner of the intersection of Dillard Drive and Piney Plains Road and contains approximately three acres. The request is to amend the existing planned development to allow self-storage facilities as a permitted use. Council may refer this item to the July 18, 2005 Planning and Zoning Board meeting after the public hearing. (Referred to 7/18/2005 Planning & Zoning Board meeting)

4.   Rezoning 05-REZ-10 / Land Plan Amendment 05-LPA-03 (Cary Park Planned Development Amendment)
The property is located in the northeast quadrant of the intersection of Cary Glen Boulevard and Carpenter Fire Station Road in the Cary Park Planned Development and contains 28.13 acres. The request is to amend the existing planned development to remove the commercial and office uses from the parcel and to retain only the residential uses, with a minimum density of 3.1 units per acre and a total of no more than 200 units. The request also includes adding single family detached uses to the list of permitted uses, along with the current single family attached and multi-family uses. The current land use plan designation is Mixed Use; the proposed land use plan designation is Medium Density Residential. Council may refer this item to the July 18, 2005 Planning and Zoning Board meeting after the public hearing. (Referred to 7/18/2005 Planning & Zoning Board meeting)

5.   Annexations

a.   05-A-04: Property is located at 0, 7021 and 7104 Turner Creek Road, 830 feet west of the intersection of N.C. Highway 55 and Turner Creek Road and contains 133.81 acres plus 2.79 acres of adjacent right-of-way; the property owners are Beavers Farms Limited I Partnership, Beavers Farms Limited II Partnership, and Sue Crabtree; the associated rezoning case is 04-REZ-24, Turner Creek Planned Development. Following the public hearing, council may table this annexation to the May 26, 2005 council meeting to coincide with the associated development plan, 04-REZ-24, Turner Creek Planned Development. (Tabled until 5/26/2005)

b.   05-A-05: Property is located at 0, 9800, 9901 Green Level Church Road and 0 Hendricks Road, which is at the intersection of Green Level Church Road and Ferson Road and contains 137.64 acres; the property owner is Derby Downs LLC; the associated rezoning case is 04-REZ-30, Copperleaf Planned Development. Following the public hearing, council may defer vote on this annexation to coincide with item F.1. on this agenda. (Approved)

c.   05-A-06: Property is located at 4402 Ten Ten Road and 8809, 8711 and 8721 Holly Springs Road, which is at the intersection of Holly Springs Road and Ten Ten Road and contains 19.13 acres; the property owners are The Pantry, Inc., Margaret and Nell Sexton, Mary Linda West, et.al., and Clarence and Mary West; the associated rezoning case is 04-REZ-29, Fairview Village Planned Development. Following the public hearing, council may defer vote on this annexation to coincide with item F.2. on this agenda. (Approved)

d.   05-A-07: Property is located at 1705 Green Level to Durham Road, which is 1,560 feet south of the intersection of O’Kelly Chapel Road and Green Level to Durham Road and contains 71.46 acres; the property owner is Weycroft Investors LLC; the associated development plan is 05-SB-006, a subdivision plan for the Weycroft Planned Development. Following the public hearing, council may take action on this item. (Approved)

E.   PUBLIC SPEAKS OUT (one hour time limit)

F.   LAND DEVELOPMENT DISCUSSION ITEMS (any item pulled from the land development consent agenda for discussion [item B.2. on this agenda] will be discussed during this portion of the agenda)

1.   Rezoning 04-REZ-30 (Copperleaf Planned Development District)
Property is located east of the intersection of Green Level Church Road and Ferson Road and contains 137.64 acres. The current zoning is Residential-40; the proposed zoning is Planned Development District Major. Council may take action on this item, but the vote on the associated annexation, 05-A-05, which is item D.5.b. on this agenda, must occur first. (Approved)

2.   Fairview Village (all items may be discussed simultaneously; council will vote on each item in the following order: (1) annexation 05-A-06, which is item D.5.c. on this agenda; (2) Land Use Plan Amendment 05-LPA-02; (3) Rezoning 04-REZ-29 [and 04-LPA-19 if 05-LPA-02 is not approved]; (4) Activity Center Overlay District Designation, which is a part of agenda item F.3.c.; and (5) Activity Center Concept Plan 05-AC-001)

a.   Land Use Plan Amendment 05-LPA-02 (for the area known as Fairview)
Consideration of a proposal by the Town of Cary to amend Cary’s long-range Land Use Plan to create a Neighborhood Activity Center for an area of approximately 98.4 acres in the vicinity of the Ten Ten Road and Holly Springs Road intersection. The area is bordered generally by the Orchard Knoll subdivision to the east, the Dutchman Downs subdivision to the north, Camp Branch to the south, and Holly Springs Road to the west. The Neighborhood Activity Center designation also includes a request by Jerry Turner & Associates for approval of an Activity Center Concept Plan for the southern quadrant of the intersection of Holly Springs Road and Ten Ten Road . Council may take final action on this item, but the vote on the associated annexation, 05-A-05, which is item D.5.c. on this agenda must occur first. (Approved with "MXD" instead of "MDR"; kept "Office" on the plan)

b.   Rezoning 04-REZ-29 / Land Use Plan Amendment 04-LPA-19 (Fairview Village Planned Development District)
Property is located at 8701 Holly Springs Road and contains 19.28 acres. The current zoning is Residential-30 ( Wake County ); the proposed zoning is Planned Development District Major. The current land use plan designation is low density residential; the proposed land use plan designation is commercial, mixed use and medium density residential. Council may take final action on this item. If item F.2.a. is approved (Land Use Plan Amendment 05-LPA-02), then the Land Use Plan Amendment 04-LPA-19 associated with this specific rezoning request is not necessary. (Approved as requested by the applicant; 04-LPA-19 no longer necessary)

c.   Fairview Village Activity Center Overlay District Designation and Activity Center Concept Plan, 05-AC-001
Property is located in the southern quadrant of the intersection of Holly Springs Road and Ten Ten Road and contains 21.64 acres. The current zoning is Residential-30 (Wake County) and General Business (Wake County); the property is currently being considered for a rezoning to Planned Development District and designation as an Activity Center Overlay District.  The Activity Center Concept Plan proposal contains commercial, mixed use and medium density residential. Council may take final action on this item. Council should first vote on the activity center overlay district designation prior to voting on the activity center concept plan. (Approved activity center overlay district; approved Activity Center Concept Plan 05-AC-001 as recommended by the applicant and the Planning & Zoning Board)

3.   04-REZ-32 (Bishop’s Gate Planned Development Amendment)
Property is located on Davis Drive north of Salem Church Road across from Forget Me Not Road and Farmpond Road and contains 47.69 acres. The request changes the number of units that can receive a Certificate of Occupancy before the connection of Westhigh Street to Davis Drive across the railroad tracks is completed. Council may take final action on this item.  

REMOVED ABOVE ITEM FROM 5/12/2005 agenda; scheduled this item for the 6/9/2005 agenda.

4.   Land Development Ordinance Amendment
Consideration of adoption of the Round 4 Land Development Ordinance Amendments, which include: (1) amending Table 5.1-2 to change the reference from “child” care to “day” care; (2) amending Section 9.3(H) to allow two flags per flagpole; (3) amending Section 9.4 to define signage on vehicles and clarify where those vehicles may or may not be parked; and (4) amending Section 12.4 to define new sign types. (Approved, including Option 2 regarding signage on vehicles)

5.   Amendment to Community Appearance Manual
Consideration of proposed amendments to the “Statement of Architectural Compatibility” section of the Community Appearance Manual. Council may take final action on this item. (Approved; directed staff to utilize the focus group to reevaluate this issue in one year)

G.   COMMITTEE REPORTS (discussion items)

1.   Operations Committee, May 4, 2005 (any item pulled from the committee consent agenda for discussion [agenda item B.3.] will be discussed during this portion of the agenda)

N/A

2.   Ethics Committee

Report of the Ethics Committee on its work developing Guidelines on Ethics and Conflicts of Interest for Town Advisory Board and Commission Members. Council may call for a public hearing to be conducted on June 9, 2005. (Called for public hearing to be conducted on 6/9/2005)

H.   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)

N/A

I.    CLOSED SESSION

Not called

J.   ADJOURNMENT

8:56 p.m.