Cary Town Council Meeting Minutes

Thursday, May 26, 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 view a particular section.)

 

A.   COMMENCEMENT

 

1.    Call to Order (Provided)

 

2.    Ceremonial Opening (Provided)

 

3.   Adoption of agenda (Adopted)

 

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 May 12, 2005 . (Approved)

 

b.   Consideration of approval of the tax report adopted by the Wake County Commissioners on May 4, 2005. (Approved)

 

c.   Consideration of appointment of Patty Hansen to the Sister Cities Commission to fill an unexpired term and consideration of extending the term expiration date from February 1, 2006 to February 1, 2009. (Approved)

 

d.   Consideration of appointment of Lee Douglas to the Information Services Advisory Board to fill an unexpired term (term expires 2/1/2007). (Approved)

 

e.   Consideration of appointment of Dayna Guzik to the Information Services Advisory Board to fill an unexpired term and consideration of extending the term expiration date from February 1, 2006 to February 1, 2009. (Approved)

 

f.    Consideration of final approval of the Cary Town Code recodification project, including: (1) approval of an ordinance amendment adopting and enacting a new Town Code; and (2) approval of amendments to Town policies to bring them in line with the new Town Code and state law. (Approved)

 

g.   Consideration of the following three actions to certify and declare the results of the May 3, 2005 Cary bond referendum: (1) adoption of a resolution declaring the results of the bond referendum; (2) adoption of the statement of the results of the bond referendum; and (3) direction to staff to publish the statement of the results of the bond referendum in the News and Observer and The Cary News. (Approved)

 

h.   Consideration of adoption of a certificate of sufficiency and a resolution calling for a public hearing to be conducted on June 23, 2005 for annexation 05-A-10. The property is located at 4501 West Lake Road and contains 5.0 acres. The property owner is Blades Group Properties, LLC. The associated development plan is 05-SP-035, Primrose School of Westlake. (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)

 

N/A

 

3.   Planning and Development Committee, May 19, 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  

(1)     Upchurch Farms Subdivision Off-Site Transportation Improvements (EN05-134)
Committee unanimously recommended approval of the payment schedule for offsite transportation improvements for the Upchurch Farms Subdivision. (Approved)

(2)     Preston Village North Connector Road – Request to Make Payment-in-lieu of Construction (EN05-132)
Committee unanimously recommended approval of a request to make a payment-in-lieu of constructing the Preston Village North Connector Road between Louis Stephens Drive and Preston Village Way.
(Approved)  

(3)     417 Kildaire Farm Road – Request for Road Improvement Waiver (EN05-131)
Committee unanimously recommended approval of a request for a waiver from widening Kildaire Farm Road in conjunction with a proposed development plan.
(Approved)  

(4)     The Arboretum:  Implementation of Approved Concept Plan (PL05-039a)
Committee unanimously recommended approval of a parking plan for the proposed condominium building in the Arboretum development. (Approved)  

b.   For Information Only (no council action required)

 

(1)     TCAP (Downtown) Strategic Action Program:  Status Update (PL05-044)
Status of the six action items contained in the TCAP Strategic Action Program (For information only; no action required)

 

(2)     Citizen Petitions for Town to Initiate Land Use Plan Amendment and Activity Center Concept Plan (PL05-046)
Recent citizen petitions to initiate Town-sponsored planning actions (For information only; no action required)

 

(3)     St. Charles Place – Request to Reduce Maynard Road Median Width (EN05-133)
Committee tabled this item at the request of the applicant.
(For information only; no action required)

 

4.   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) (Mrs. Robinson)

 

a.   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. (Approved)

 

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

 

1.   Special presentation to Police Chief Windy Hunter. (Provided)

 

D.   PUBLIC HEARINGS

 

1.   Ordinance Amendment
Public hearing
to consider modifications to Chapter 3 of the Land Development Ordinance pertaining to Adequate Public Facilities (APF) for roads. Specifically, the ordinance proposes three primary changes: (1) cap road improvements; (2) low density exemption; and (3) buyout option. Council may forward this to the June 20, 2005 Planning and Zoning Board meeting. (Referred to 6/20/2005 Planning & Zoning Board meeting)

 

2.   Right-of-Way Closing
Public hearing on a request to close a small portion of right of way formerly known as Logan Road, which is located between 9410 and 9412 Chapel Hill Road. Council may take final action on this item. (Approved)

 

E.   PUBLIC SPEAKS OUT (one hour time limit)

 

See official minutes

 

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.   Turner Creek Planned Development and Associated Annexation (NOTE: Discussion on the annexation and the rezoning may occur simultaneously; however, vote on the annexation must occur prior to vote on the rezoning.)  

a.   Annexation for the Turner Creek Planned Development
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. Council may remove this item from the table and may take final action. (Approved)
 

b.   Rezoning 04-REZ-24 (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 and contains 133.81 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-04, must occur first. (Approved with two additional conditions: [1] Change planned development document language as follows: vehicular access for a maximum of 300 dwelling units will be provided from an extension of Turner Creek Road. Every effort will be made by the developer and/or the Town to provide one or more additional road connectors as development proceeds. [2] The subdivision or site plan -- after review by staff -- will be sent to council via the planning & development committee for review of street stub locations for connections.)  

G.   COMMITTEE REPORTS (discussion items)

 

1.   Planning and Development Committee, May 19, 2005 (any item pulled from the committee consent agenda for discussion [agenda item B.3.] will be discussed during this portion of the agenda) (Mr. Roseland)

 

a.   Comprehensive Annexation Program – Part 1 (PL05-045)
Committee unanimously recommended approval of Part 1 of the Comprehensive Annexation Program with addition of language providing for special handling for hardship cases, discussion of impacts to both existing and future residents, and timing related to communications. Council may take action on this item. (Approved)

 

b.   US 1/64 Pedestrian Bridge and Public Art (PR05-021)
Committee recommended by 2 to 1 (Michael Joyce dissenting) of approval of funding for public art on the US 1/64 pedestrian bridge with a clarification that council will see the top three choices along with the Public Art Advisory Board’s recommendation and that the maximum funding amount for the project would be $175,000. Council may take action on this item. (Approved; staff will develop a visioning exercise for the council members)

 

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

a.   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. UPDATE: This item was removed from the May 12, 2005 council meeting agenda at the request of staff. Staff’s recommendation for the May 26, 2005 council meeting is to reject all bids. Based on the bid amount, staff has determined that gravity sanitary sewer is a better long term solution and should be pursued instead of the pump stations. Council may take action on this item. (Rejected all bids and accepted staff's updated recommendation)
 

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)

 

1.   Presentation of the proposed Fiscal Year 2006 Capital and Operating Budget documents. The manager will officially present the proposed budget documents; no council action is required. A public hearing will be conducted on June 9, 2005. (Presented; public hearing will be held on 6/9/2005)

 

I.    CLOSED SESSION

 

Called

 

J.   ADJOURNMENT

     8:45 p.m.