Cary Town Council Meeting Minutes

Thursday, June 9, 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 review the different sections.)

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 26, 2005, the minutes of the budget work session held on May 19, 2005, and the minutes of the budget work session held on May 31, 2005. (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.   Operations, June 1, 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.   Recognition of Additional Developer Funding for Davis Drive Widening (EN05-130)
Committee unanimously recommended recognition of a payment of $146,390 from the developers of Morrisville Market and $350,000 from the developers of Upchurch Farms Subdivision for the Davis Drive widening.  (Approved)

b.   Consultant Selection – Wastewater System Flow Monitoring Study (EN05-136)
Committee unanimously recommended awarding the four year professional services contract for the Wastewater System Flow Monitoring and Data Analysis Project to Frazier Engineering, P.A. for $350,000. (Approved)  

c.   Request to Initiate Condemnation Proceedings for Progress Energy for the Extension of Morrisville Parkway to Carpenter Upchurch Road (EN05-138)
Committee unanimously recommended approval of a request to initiate condemnation proceedings to secure a necessary easement for Progress Energy. (Approved)  

d.   Reimbursement Contract – Carramore Subdivision (EN05-139)
Committee unanimously recommended approval of a request to enter into a reimbursement contract with McCar Homes for offsite sanitary sewer lines. (Approved)  

e.   Reimbursement Contract – Forest Oaks PDD (EN05-140)
Committee unanimously recommended approval of a request to enter into a reimbursement contract with Orleans Homebuilders, Inc. for offsite sanitary sewer lines. (Approved)  

f.    Conversion of vacation leave to sick leave (HR05-003)
Committee unanimously recommended approval of a change in the date from January to June (beginning in June 2006) for conversion of employee vacation leave hours over 240 hours to sick leave. (Approved)  

g.   Crash Lane: Request to Change Street Name  (IP05-001)
Committee unanimously recommended that a public hearing be set on July 28, 2005 regarding a request to change the name of Crash Lane to Team Hendrick Way. (Approved to conduct public hearing on July 25, 2005)  

h.   ABC Permit Notification (PD05-011)
Committee unanimously recommended adoption of a resolution designating Deputy Chief Patricia Bazemore as the official to notify the North Carolina Alcoholic Beverage Commission regarding the suitability of persons and locations for ABC permits. (Approved)  

i.    Senior Program Donation Funds (PR05-022)
Committee unanimously recommended appropriation of $3,328 from General Fund fund balance (related to previously collected Senior Program donations) and to recognize $4,738 in current year Senior Program donations for a total of $8,066 in Senior Program expenditures. (Approved)  

j.    Amendments to Interlocal Agreements (PWUT05-015)
Committee recommended approval of modifications to the Wastewater Treatment Service Agreement with Durham County and the Water and Wastewater Service Agreement with Morrisville to allow for Morrisville use of Durham County wastewater treatment service. (Approved)

k.   Bid Award and Funding for the USA Baseball Project at Thomas Brooks Park  (PR05-023)  (This item was pulled from the consent agenda for discussion. Refer to action agenda item G for final action.)

l.    C-Tran Contract Award (PL05-049)
Consideration of awarding a five-year contract for the management and operations of the Town’s C-Tran system to First Transit, Inc. for an estimated $911,339 for nine months of FY06 and $1,365,276 a year for the FY2007 to FY2010.  Actual amounts will vary depending on ridership. (Approved)  

m.  Municipal Maintenance Agreement (PWUT05-016)
Committee unanimously recommended approval of a municipal maintenance agreement with the North Carolina Department of Transportation for the maintenance of traffic signals. (Approved)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

N/A

D.   PUBLIC HEARINGS

1.   Special Use 05-SU-003 (Kiddie Korner)
(All speakers must be administered an oath prior to speaking)
Public hearing to consider a special use permit to allow a large home day care at 227 Marilyn Circle . The property contains 0.45 acre and is zoned Residential-12. Council may take final action on this item after the public hearing. (Approved)

2.   Budget Public Hearing
Public hearing on the proposed Fiscal Year 2006 Budget. Council may hear from the public; no council action is required at this meeting. (Public hearing conducted)

3.   Ethics Guidelines for Boards/Commissions
Public hearing on the proposed ethics and conflict of interest guidelines for Town Advisory Boards/Commissions. Following the public hearing, council may adopt the guidelines and abolish the ethics committee. (Approved) 

4.   Conservation Residential Overlay District Public Hearings:

a.   Land Development Ordinance Amendment
Consideration of the following Land Development Ordinance (LDO) amendments: adding the Conservation Residential Overlay District to LDO section 4.4.5; minor modification to the riparian buffer regulations in LDO section 7.3.2; adding a note to an existing table in LDO section 7.3.5, Table 7.3-3; and adding a principle of interpretation for riparian buffer modification requirements to LDO section 4.4.5. Council may forward this item to the August 15, 2005 Planning and Zoning Board meeting. (Forwarded to August 15, 2005 Planning and Zoning Board meeting) 

b.   Rezoning 05-REZ-17 (Conservation Residential Overlay District)
This is a Town-initiated rezoning to create a Conservation Residential Overlay District for the areas designated as Conservation Residential in the Southwest Area Plan. This rezoning will implement the recommendations of the Southwest Area Plan to provide additional density and preserve open space. The property is located in the general vicinity of Green Level Road West , Green Level Church Road , and White Oak Church Road and contains 1,509.31 acres. The current zoning is Residential 40; the proposed zoning is Conservation Residential Overlay District. Council may forward this item to the August 15, 2005 Planning and Zoning Board meeting. (Forwarded to August 15, 2005 Planning and Zoning Board meeting) 

5.   Rezoning 05-REZ-13 (Macedonia Village Planned Development District Amendment)
The property is located approximately 2,300 feet northwest of the intersection of Walnut Street and Tryon Road and contains 7.55 acres. The request is to amend the current zoning conditions to eliminate the language limiting Tract C to age restricted housing only and to eliminate the language pertaining to the north-south collector road. Council may continue this public hearing to the July 28, 2005 council meeting. (Continued public hearing to the July 28, 2005 council meeting)

6.   Rezoning 05-REZ-14 (Mills Property)
The property is located at 7828 Emery Gayle Lane , which is in the northeast quadrant of the intersection of Green Level Church Road and Mills Road . The property contains 61.34 acres. The current zoning is Residential-40 ( Wake County ); the proposed zoning is Residential-8 Conditional Use; the plan proposes single-family detached residential units. Council may forward this item to the August 15, 2005 Planning and Zoning Board meeting. (Forwarded to August 15, 2005 Planning and Zoning Board meeting) 

7.   Rezoning 05-REZ-15 / Land Plan Amendment 05-LPA-05 (Havensite Court Planned Development)
The property is located southeast of Havensite Court , approximately 350 feet southeast of the intersection of NW Maynard Road and Havensite Court and contains 15.69 acres. The current zoning is Industrial; the proposed zoning is Planned Development; the plan proposes approximately 240 residential multi-family dwelling units. The current land use plan designation is Industrial; the proposed land use plan designation is High Density Residential. Council may forward this item to the August 15, 2005 Planning and Zoning Board meeting. (Forwarded to August 15, 2005 Planning and Zoning Board meeting) 

8.   Activity Center Concept Plan 05-AC-003 (Tryon Plaza)
Property is located in the southeast quadrant of the intersection of Tryon Road and Holly Springs Road and contains 2.22 acres. This proposal establishes an Activity Center Concept Plan for this particular intersection and will provide 10,400 square feet of commercial and 10,000 square feet of office development. Council may forward this item to the August 15, 2005 Planning and Zoning Board meeting. (Forwarded to August 15, 2005 Planning and Zoning Board meeting) 

9.   Activity Center Concept Plan 05-AC-004 / Land Use Plan Amendment 05-LPA-04 (Wrennwood)
Property is located in the southwest corner of the intersection of Kildaire Farm Road and Wrenn Drive and contains 5.37 acres. The plan will provide a pharmacy containing approximately 14,820 square feet and another 26,000 square feet of general retail development. The current land use plan designation is High Density Residential; the proposed land use plan designation is Commercial. Council may forward this item to the August 15, 2005 Planning and Zoning Board meeting. (Continued public hearing to July 28, 2005 council meeting) 

10.  Annexations
Public hearings on the following annexation petitions:

a.   05-A-08; property owner is Dixon Family Trust; property address is 1021 Lazy Dee Drive ; acreage is 20.4 acres; associated rezoning case is Forest Oaks Planned Development, 05-REZ-02. After the public hearing, council may defer vote to coincide with the associated rezoning case, which is item F.2. on this agenda. (Approved)

b.   05-A-09; property owner is John and Kim Summers and Leora K. Scott; property address is 3300, 3320 and 3328 Campbell Road; acreage is 32.3 acres; associated rezoning case is the Summers Tract, 05-REZ-03. After the public hearing, council may defer vote to coincide with the associated rezoning case, which is item F.3. on this agenda. (Denied)

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.   Rezoning 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. (Approved with additional condition as follows: The developer has no assurance from the railroad that the connection of West High Street over the CSX rail line to Davis Drive will be permitted.  Therefore, the removal of the gate on Modena Drive will occur no sooner than ninety (90) days after whichever of the following occurs first: a)  The completion of the connection of West High Street to Davis Drive over the railroad track; or b) 95% of the Certificates of Occupancy are granted in the Bishop's Gate Planned Development District.)  

2.   Rezoning 05-REZ-02 (Forest Oaks Planned Development Amendment)
The property contains 20.37 acres and is located approximately 1800 feet west of Yates Store Road and 1850 feet north of Green Level Church Road, south of the Forest Oaks Planned Development District. This request proposes to add a parcel to the southern portion of the development to be used for single family detached residential development. This site is currently zoned Residential-40; the proposed zoning is Planned Development District. The plan also proposes to relocate the homeowner recreation site, reduce the homeowner recreation site from four acres to two acres, and denote the former homeowner recreation site as open space.  It also proposes to change the Master Plan for an area of 48 acres in the northwestern portion of Forest Oaks to a Town park, rather than the planned residential development.  The original Forest Oaks PDD included 590 units.  This amendment reduces that unit count to 563, and provides 48 acres of land for a Town park.  Council may take final action on this item. (Approved)  

3.   Rezoning 05-REZ-03 (Summers Tract)
The property contains 32.31 acres and is located in the area of 3300 Campbell Road . The current zoning is Residential-40; the proposed zoning is Residential-12 Conditional Use. The applicant proposes to create 32 lots for development as single family detached residential sites at a density of 0.99 units per acre, including 9.74 acres of open space and buffers.  The open space and buffers will comprise 30% of the parcel. Council may take final action on this item. (Denied)  

4.   Rezoning 05-REZ-01 / 05-LPA-01 (Arboretum Planned Development Amendment)
The property contains 13.11 acres and is located at 301 Weston Parkway . The request proposes to amend the Arboretum Master Plan by replacing the 321-room hotel and associated 39,500 square feet of office and commercial uses and 21 condominium units with 232 attached dwelling units. The current land use plan designation is commercial; the proposed land use plan designation is commercial and high density residential. Council may take final action on this item. (Approved; directed that the site plan go through planning & development committee and council process)

G.   COMMITTEE REPORTS (discussion items)

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

   Bid Award and Funding for the USA Baseball Project at Thomas Brooks Park  (PR05-023) (Approved)

      Committee unanimously recommended:
1) bid award to the low bidder, T. A. Loving for $9,805,000 for the base project and the retail facility alternate, and
2)  transfer of funds from the following capital improvement projects to the USA Baseball  – Brooks Park Project (PR1093) as follows:

Brooks Park (PR1007): $9,087,000
Future Neighborhood Park (PR1036): $596,000
School Park Development (PR1075): $517,400
Walnut Creek Greenway (PR1013): $128,300
A. Jones Greenway Renov. (PR1031): $324,520  

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

Called

J.   ADJOURNMENT

     12:26 a.m.