Cary Town Council Meeting Minutes

Thursday, October 20, 2005

6:30 p.m.

Temporary Council Chambers

Herb Young Community Center

101 Wilkinson Avenue, Cary, N.C.

Web Site:  www.townofcary.org  

NOTE: These minutes are divided into sections due to their length. This document shows the agenda items. Click on the appropriate link to see full text minute of the agenda items.

A.   COMMENCEMENT

1.    Call to Order (Provided)

2.    Ceremonial Opening (Provided)

3.   Adoption of agenda (Adopted with the following changes: (1) Removed item B.3.a.(13), Retiree Benefits, from this agenda and referred it back to the operations committee for further refinement; (2) Removed items H.1., Highland Village Loan Terms, and H.2., Cranborne Lane traffic calming, from this agenda and scheduled both for the 11/10/05 council agenda since discussions for both items are ongoing.)

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 September 22, 2005 and the minutes of the September 27, 2005 Morrisville merger work session and the October 6, 2005 capital funding work session. (Approved)

b.   Consideration of adoption of the tax reports that were approved by the Wake County Commissioners on September 9 and October 5, 2005. (Approved)

c.   Consideration of adoption of certificates of sufficiency and resolutions calling for public hearings to be conducted on November 10, 2005 for the following annexation petitions.

(1)     05-A-19: The property is located 1150 feet northeast of NE Maynard Road and Chapel Hill Road and contains 6.10 acres. The associated development plan is 05-SB-011 (Duxbury Woods at Braeloch). (Approved)

(2)     05-A-21: The property is located at 604 Reedy Creek Road and contains 6.22 acres. The associated development plan is 05-SP-031 (Davidson Point Townhomes). (Approved)

(3)     05-A-22: The property is located at 2605 through 2629 Iveysprings Court and 8300 Covington Hill Way and contains 8.53 acres. It is associated with the Park at Westlake development. (Approved)

(4)     05-A-23: The property is located at the intersection of O’Kelly Chapel Road (Chatham County) and Pittard Sears Road and contains 39.60 acres. It is associated with rezoning case 05-REZ-26 (Amberly PDD). (Approved)

(5)     05-A-24: The property is located at E. Ferrell Road; 1285 Ernest Jones Road; 1164 Ferrell Road; 104, 192, 195 Wrong Way; Ferson Road, which is west of the intersection of Yates Store Road and Green Level Church Road centered on the Wake County/Chatham County line. The request is comprised of 84.59 acres. It is associated with rezoning case 05-REZ-27 (Weldon Ridge PDD Amendment). (Approved)

(6)     05-A-25: The property is located at 3329 NC 55 Highway and Green Hope School Road, at the intersection of Green Hope School Road and NC Highway 55, and contains 7.98 acres. The associated development plan is 05-SP-093 (Highcroft Commons). (Approved)

(7)     05-A-26: The property is located on Mickey Lane, which is 550 feet north of the intersection of Reedy Creek Road and E. Dynasty Drive, and contains 5.07 acres. The associated development plan is 05-SB-004 (Talton Place Subdivision). (Approved)

(8)     05-A-27: The property is located on Carpenter Fire Station Road and Mercer Grant Drive, which is at the intersection of Carpenter Fire Station Road and Buxton Grant Drive. The request is comprised of 21.10 acres and is associated with the Cameron Pond Planned Development. (Approved)

(9)     05-A-28: The property is located at Reedy Creek Road and 500, 501, 502, 503 Melody Lane, which is at the intersection of N. Harrison Avenue and Homestead Drive, and contains 20.89 acres. The associated development plan is 05-SB-022 (Holloman Tract). (Approved)

(10)    05-A-29: The property is located at 1522 Fairbanks Road and contains 6.61 acres. The associated development plan is 05-SB-018 (Gallup Subdivision). (Approved)

(11)    05-A-30: The property is located at 1600 Old Maynard Road and Koppers Road, which is 570 feet north of the intersection of Old Maynard Road and McCrimmon Parkway. The property consists of 41.95 acres. The associated rezoning case is 05-REZ-04 (Old Maynard PDD). (Approved)

(12)    05-A-31: The property is located at 4400 thru 4409 Alden Mist Court, 4905 through 4952 Mashpee Lane, 5109 through 5172 Dove Forest Lane, 7128 through 7232 Capulin Crest Drive, 4424 through 4505 Fairview Ridge Lane, and 5800 through 5936 Larboard Drive and contains 60.37 acres. There is no associated rezoning or development plan. (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.   Consideration of approval of the Comprehensive Transportation Plan amendments. Staff and the Planning and Zoning Board unanimously recommend approval. (Approved)

b.   Highcroft Village Planned Development-Related Items

(1)  Land Plan Amendment 05-LPA-08
The request is associated with 05-REZ-20 (see agenda item B.2.b.[2]). The current land use designation is Mixed Use Development (MXD); the propose land use designation is Medium Density Development (MDR) and High Density Development (HDR).  (Pulled from the consent agenda for discussion, but it was approved later in the meeting)

(2)  Rezoning 05-REZ-20
The property is located north and south of Green Hope School Road, approximately 420 feet west of the intersection of N.C. Highway 55 and Green Hope School Road. The request is to rezone property from Residential-40 (R-40) to Planned Development District (PDD) and to delete the PDD from the proposed Morrisville Parkway and NC Highway 55 Neighborhood Activity Center identified on Cary’s Land Use Plan.  The proposed PDD is located within the Southwest Area Plan and the Northwest Area Plan. The Highcroft Village PDD Master Plan would provide medium and high density residential development comprising 427 units on 115.56 acres.  The gross density would be 3.69 units per acre. (Pulled from the consent agenda for discussion, but it was approved later in the meeting)

3.   Operations Committee, October 5, 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)     Biennial Bridge Inspections Municipal Agreement (EN06-029)
Committee unanimously recommended entering into a municipal agreement with NCDOT for the biennial bridge inspections.  (Approved)  

(2)     Bid Award – Louis Stephens Drive and Morrisville Parkway Extensions (EN06-034)
Committee unanimously recommended bid award to Barnhill Contracting Company for $1,786,750.05 for the construction of the second phases of the Louis Stephens Drive and Morrisville Parkway extension projects. (Approved)  

(3)     Sale of Town Property Adjacent to 415 Livingstone Drive (EN06-035)
Committee unanimously recommended approval of a request to sell town property located adjacent to 415 Livingstone Drive using the upset bid method.  (Approved)  

(4)     Condemnation Resolution for Progress Energy for the Chapel Hill Road Widening Project (EN06-036)
Committee unanimously recommended that condemnation proceedings be initiated to secure an easement for Progress Energy related to the Chapel Hill Road Widening Project.  (Approved)  

(5)     Transfer of Funds for Sewer Installed by NCDOT Agreement (EN06-037)
Committee unanimously recommended transferring $37,451.55 from the SW1115 project to the SW1114 project to cover the $103,951.55 invoice from NCDOT.  (Approved)

(6)     Engineering Inspection and Geotechnical and Construction Materials Testing Services for the High House Road Project (EN06-038)
Committee unanimously recommended awarding a contract for engineering services for bridge inspection and geotechnical and construction materials testing for the High House Road Project to Summit Consulting Engineers for $126,630.  (Approved)

(7)     Lake Drive Right of Way Closing (EN06-039)
Committee unanimously recommended calling for a public hearing to be conducted on December 15, 2005 to consider closing a portion of the right of way of Lake Drive. (Approved)  

(8)     Bridle Creek Stop Street Ordinance (EN06-040)
Committee unanimously recommended a Stop Sign ordinance to create multiway stops on Bridle Creek Drive.  (Approved)

(9)     Release of Sanitary Sewer Easement (EN06-041)
Committee unanimously recommended denial of a request to release a portion of a sanitary sewer easement on Lot 24 of the Battery at High House.  (Approved committee's recommendation to deny)

(10)    Low Impact Development Pilot Project, Section 319 Grant (PL06-015)
Committee unanimously recommended recognizing the $100,000 Section 319 grant funds for the Low Impact Development Pilot Project.  (Approved)

(11)    Veterans Freedom Park (PR06-007)
Committee unanimously recommended releasing the final appropriation for the Veterans Freedom Park project.  (Approved)

(12)   Contract Award for Engineering Services for Integrated Water Resources Management Plan and Reclaimed Water Master Plan (PWUT06-006)
Committee unanimously recommended awarding a contract for engineering services for developing an Integrated Water Resources Management Plan and Reclaimed Water Master Plan to CH2MHill with funding to be provided from the Water Resource Planning and Management Project (WT1070) and the Reclaimed Water System Master Plan (SW1117).  (Approved)

(13)    Revisions to Policy #110 - Retiree Benefits (HR06-002)
Committee unanimously recommended approval of revisions to Policy #110 - Retiree Benefits to address certain circumstances that the current policy does not address, update the policy to more closely reflect current standard practice for municipalities providing retiree benefits, and include a provision that will clarify benefits for the age 65 and older retiree.  (Pulled from agenda and referred back to operations committee)

(14)    Bid Award for Bond Park Lakefront Renovations (PR06-005)
Committee unanimously recommended:
1) Award of the base bid to LA Downey and Sons for $1,033,989;
2) Reject from LA Downey and Sons Alternate 1 (Parking Lot), Alternate 2 (Greenway) and the water main base bid;
3) Transfer of $57,910 from East Cary Park (PR1025) to the Bond Park Improvement Project (PR1049);
4) Transfer of $21,000 from Bond Park Waterline (PR1023) to Bond Park Improvements (PR1049);
5) Transfer of $42,860 from Greenway Resurfacing FY04 (PR1056) to Bond Park Improvements (PR1049);
6) Transfer of $18,400 in 2003 PRCR GO Debt Proceeds and $25,700 in general funds from Greenway Resurfacing FY04 (PR1085) to Bond Park Improvements (PR1049).  (Approved)

(15)    Bond Park Water Main Bid Award (EN06-024)
Committee unanimously recommended bid award to William J. Keller & Sons Construction Company for $169,337.10. (Approved)  

(16)    Koka Booth Amphitheatre at Regency Park – Management Plan and Budget (PR06-011)
Committee unanimously recommended:
1) Approval of SMG ’s Management Plan and Budget for the 2006 season;
2) Approval of reducing the Amphitheatre special revenue fund budget at October 31, 2005 for the first four months of the Town’s fiscal year 2006 to equal expenses for the same time period and returning the remaining cash flow balance to the Amphitheatre Fund Fund Balance which is currently expected to be $540,667.
3) Appropriation of the $540,667 from the Amphitheatre Fund Fund Balance and the remaining amount of $426,830 from General Fund Fund Balance to the respective Amphitheatre Fund accounts necessary to execute the 2006 season (est. – to be adjusted if necessary to correspond with the actual mounts as of October 31, 2005 );
4) Recognition of a reimbursement of $208,700 from the Amphitheatre Fund to the General Fund’s Facilities Management division for the 2006 season support ($171,000 support + $37,700 special projects). (Approved)  

b.   For Information Only (no council action required)

(1)     2005 State Games of North Carolina (PR06-010)
Information regarding results of Town hosting the 2005 State Games of North Carolina (For information only; no council action required)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

1.   Presentation of the Cary Band Day proclamation. (Presented)

2.   Presentation of a proclamation recognizing World Town Planning Day and proclaiming November 8, 2005 as “Community Planning Day” in Cary. (Presented)

D.   PUBLIC HEARINGS

1.    Special Use 05-SU-005 (All speakers must be sworn in prior to speaking)
Consideration of a request to expand the existing Triangle Transit Authority maintenance facility. The property is located at 5201 and 5210 Nelson Road and contains 13.89 acres. Council may take final action immediately following the public hearing. (Approved without conditions)

2.    Alston Regional Activity Center Development-Related Items: These public hearings were continued from the September 22, 2005 council meeting. Council may vote to suspend the rules for public hearings to allow individuals who spoke at the September 22, 2005 public hearing to speak again at this continued public hearing with the understanding that comments at this meeting should be based on new information and should not be repetitive of the comments made at the last public hearing. Council may refer these items to the November 21, 2005 Planning and Zoning Board meeting.

a.   Land Use Plan Amendment 05-LPA-17 (Northwest Area Plan Amendments)
The request is associated with case 05-AC-005 (see agenda item D.2.c.). The land area covered by the proposed Alston Regional Activity Center Concept Plan is already identified as a Regional Activity Center in the Town’s Northwest Area Plan, but with a somewhat different internal arrangement of land uses (particularly east of NC 55) than is proposed by the Alston ACCP 05-AC-005.  The requested Land Use Plan Amendments propose to update the Northwest Area Plan to reflect the detailed land use arrangements proposed by the Alston Activity Center Concept Plan. The current land use plan designation is mixed use, office and institutional, office and industrial, and high density residential. The proposed land use plan designation is mixed use with modified greenways and collector roads.  (Referred to 11/21/05 Planning & Zoning Board (P&Z) with understanding that council may decide at the 10/25/05 work session to delay this item at the P&Z level until the 12/19/05 P&Z meeting)  

b.   Rezoning 05-REZ-19, Alston Activity Center Overlay District (ACOD)
This case is Town-initiated.  An ACOD allows the Activity Center Concept Plan (ACCP) described below to be considered.  This overlay district covers 836.0 acres located around all four quadrants of the future interchange of I-540 and NC Highway 55.  (This is slightly less acreage than the ACCP described below, since the ACOD does not include one parcel at the extreme northern end of the ACCP that is located in Research Triangle Park, outside of Cary’s extraterritorial planning jurisdiction.)  (Referred to 11/21/05 Planning & Zoning Board with understanding that council may decide at the 10/25/05 work session to delay this item at the P&Z level until the 12/19/05 P&Z meeting)  

c.   Activity Center Concept Plan 05-AC-005, Alston Activity Center Concept Plan (ACCP)
This ACCP covers 856.2 acres centered around the future interchange of the I-540 Outer Wake Expressway and NC Highway 55.  The plan proposes a mixture of commercial, office and institutional, single-family detached, single-family attached, and multi-family products. (Referred to 11/21/05 Planning & Zoning Board with understanding that council may decide at the 10/25/05 work session to delay this item at the P&Z level until the 12/19/05 P&Z meeting)   

d.   Land Development Ordinance Amendment, Round 6
Consideration of the following land development ordinance amendments: allow detached dwellings as a permitted use within a regional activity center overlay district (Sec. 5); apply an activity center concept plan’s design guidelines to development proposals that use the base zoning (Sec. 4); remove requirement that a planned development district must be submitted in tandem with a rezoning to activity center overlay district for undeveloped activity centers (Sec. 4); remove the requirement for a certificate of adequate public facilities for roads for activity center concept plans (Sec. 3); include a screening traffic study with activity center concept plans that do not include a Traffic Impact Analysis (Sec. 4); and add a definition for “design guidelines” (Sec. 12). (NOTE: This is a stand-alone ordinance amendment that also applies to the Alston development.) (Referred to 11/21/05 Planning & Zoning Board with understanding that council may decide at the 10/25/05 work session to delay this item at the P&Z level until the 12/19/05 P&Z meeting)   

3.   Rezoning 05-REZ-30 (Tripathi Property)
The property is located at 818 Reedy Creek Road and contains 6.18 acres. The current zoning is Residential-40. The proposed zoning is Residential-12 Conditional Use. The council may refer this item to the November 21, 2005 Planning and Zoning Board meeting. (Referred to 11/21/05 Planning & Zoning Board)  

4.    Crossroads Regional Activity Center Development-Related Items: The council may forward these items to the December 19, 2005 Planning and Zoning Board meeting.

a.   Land Use Plan Amendment 05-LPA-20
The request is associated with 05-AC-008 (see agenda item D.4.b.). The current Land Use Plan designation is Office and Institutional; the requested Land Use Plan designation is High Density Residential. (Continued public hearing to the 11/10/05 council meeting)  

b.   Activity Center Concept Plan 05-AC-008
The property is located within the Crossroads Regional Activity Center at 5520 Dillard Drive and contains 21.02 acres. The request is to allow high density residential development. (Continued public hearing to the 11/10/05 council meeting)  

5.   Annexations
Public hearings on the following annexation petitions.

a.   05-A-17: Property is located at 3509, 3513 and 3633 Kildaire Farm Road; 3420, 3504 and 3512 Ten Ten Road; and 3325 Arthur Pierce Road. The property consists of 62.15 acres (including right-of-way). The associated rezoning cases are 05-REZ-21 and 05-REZ-22 (Franks development). Following the public hearing, the council may defer vote on this item to occur with item F.1. on this agenda (Franks development). (Approved)  

b.   05-A-18: Property is located at the intersection of Carpenter Fire Station Road and Howard Grove Parkway and contains 1.25 acres (including right-of-way). The formerly approved associated development plan is Blackstone at Amberly. Following the public hearing, the council may take action on this item. (Approved)  

c.   05-A-20: Property is located at 1625 Yates Store Road and contains 13.56 acres. The associated development plan is 05-SP-050, (Del Mar Oaks at Amberly). Following the public hearing, the council may take 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.   Franks Planned Development-Related Items: Council may take action on these items.

a.   05-LPA-11 (Millpond Village Community Activity Center [CAC])
This Land Use Plan Amendment is associated with rezoning case 05-REZ-22 (Activity Center Overlay District [ACOD], which is item F.2.d. on this agenda).  The land surrounding the four quadrants of the intersection of Kildaire Farm and Ten Ten Roads, including the quadrant containing the proposed rezonings, is currently designated as a Neighborhood Activity Center (NAC) on the Cary Land Use Plan.  Amendment 05-LPA-11 proposes to upgrade that NAC, called the Millpond Village NAC, to a Community Activity Center (CAC). (Approved)

b.   05-LPA-09 (Reflects Millpond Village CAC Land Uses)
This Land Use Plan Amendment is associated with rezoning case 05-REZ-21 (Franks Planned Development District [PDD], which is item F.2.c. on this agenda) and with Activity Center Concept Plan (ACCP) case 05-AC-006 (Franks ACCP, which his item F.2.e. on this agenda). Amendment 05-LPA-09 proposes to amend the Land Use Plan to reflect a mix of  Commercial (COM), High-Density Residential (HDR), and Medium Density Residential (MDR) uses arranged in the general pattern proposed by the associated cases 05-REZ-21 Franks PDD and 05-AC-006 Franks ACCP. (Approved )

c.   Rezoning 05-REZ-21 (Franks Planned Development District)
The purpose of this rezoning is to establish a Planned Development District (PDD) for the Southeast quadrant of the intersection of Kildaire Farm Road and Ten Ten Road.  The PDD includes approximately 60 acres for commercial and residential development that is located within the Millpond Village Activity Center.  The PDD documents spell out buffers, setbacks, lot sizes and other specific development criteria. (Approved )

d.   Rezoning 05-REZ-22 (Franks Activity Center Overlay District)
An Activity Center Overlay District (ACOD) lays the groundwork to approve the associated Activity Center Concept Plan (ACCP).  This is a staff-initiated request.  The Land Development Ordinance requires that ACOD be designated onto a property before an ACCP may be approved. The associated ACCP is 05-AC-006, which is item F.2.e. on this agenda. (Approved )

e.   Activity Center Concept Plan 05-AC-006 (Franks Activity Center Concept Plan)
This Activity Center Concept Plan (ACCP) includes a commercial parcel totaling 9.65 acres, 50 attached residential units on 3.93 acres and 125 single family detached residential units on 22.94 acres. The remainder of the parcel is open space. Activity Centers consist of commercial, office and high density residential uses that are planned as a cohesive whole, clustered in an area usually surrounding a major intersection.  Activity Centers are divided into “quadrants” that divide the Activity Center into sections, generally one on each corner of the intersection.  Each quadrant then has an Activity Center Concept Plan (ACCP) created in conjunction with the property owners to guide development of that section.  (Approved )

2.   Wrennwood Development-Related Items: Council may take action on these items.

a.   Land Use Plan Amendment 05-LPA-04
The case is associated with 05-AC-004, which is item F.3.b. on this agenda. The current land use plan designation is High Density Residential; the proposed land use plan designation is Mixed Use. (Approved with both Option 1 and Option 2)

b.   Activity Center Concept Plan 05-AC-004
The property is located in the southwest corner of the intersection of Kildaire Farm Road and Wrenn Drive and contains 5.37 acres. The purpose of this application is to establish an Activity Center Concept Plan providing areas of multi-family and commercial development. (Approved with both Option 1 and Option 2)  

3.   Highcroft Village Planned Development-Related Items (Mr. Bob Benfield)  

a.   Land Plan Amendment 05-LPA-08
The request is associated with 05-REZ-20 (see agenda item B.2.b.[2]). The current land use designation is Mixed Use Development (MXD); the propose land use designation is Medium Density Development (MDR) and High Density Development (HDR).  

b.   Rezoning 05-REZ-20
The property is located north and south of Green Hope School Road , approximately 420 feet west of the intersection of N.C. Highway 55 and Green Hope School Road. The request is to rezone property from Residential-40 (R-40) to Planned Development District (PDD) and to delete the PDD from the proposed Morrisville Parkway and NC Highway 55 Neighborhood Activity Center identified on Cary ’s Land Use Plan.  The proposed PDD is located within the Southwest Area Plan and the Northwest Area Plan. The Highcroft Village PDD Master Plan would provide medium and high density residential development comprising 427 units on 115.56 acres.  The gross density would be 3.69 units per acre.

G.   COMMITTEE REPORTS (discussion items)

Operations Committee, October 5, 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)

N/A

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.   Highland Village Amendment of Loan Terms (PL06-007)
Committee unanimously recommended that 1) the $600,000 loan be forgiven after the affordable housing goals have been met, 2) an additional grant of $200,000 be made to the project from General Fund fund balance, 3) the Town endorse this project for HOME grant funds, and 4) periodic reports be made to the Planning and Development Committee regarding the status of the project and a report and accompanying recommendations be made on the legal research to ensure long-term affordability of the units. [Note:  This item was recommended for the Consent Agenda but has been moved to Discussion at the request of Mayor McAlister.] This item was tabled at the September 22, 2005 council meeting. Council may table this item until the November 10 council meeting to provide additional time for discussions with all parties to occur. (Removed from this agenda and placed on the 11/10/05 council meeting agenda)

2.   Cranborne Lane Traffic Calming (EN06-027)
Committee members Jennifer Robinson and Jack Smith recommended that seven speed humps be installed on Cranborne Lane . Marla Dorrel did not concur, stating that she was not willing to waive the emergency response times standards. This item was tabled at the September 22, 2005 council meeting. Council may take action on this item. (Removed from this agenda and placed on the 11/10/05 council meeting agenda)

3.   Consideration of awarding a contract for engineering services for the Western Wake Regional Water Reclamation Facility to Arcadis/CH2M-Hill at a cost of $4,417,000, with an option to award construction phase services at a later date. (This award represents a preliminary determination as to the qualifications of this consulting firm and no legally binding acceptance of this award occurs until the Town has executed a written agreement.) Council may take action on this item. (Approved)

I.    CLOSED SESSION

Called

J.   ADJOURNMENT

      9:14 p.m.