Cary Town Council Meeting Minutes

Thursday, December 15, 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 because of their length. Click on the appropriate section to see the full text minutes. The bold print with each item provides the action.)

Present: Mayor Ernie McAlister, Mayor Pro Tem Jack Smith, Council Members Marla Dorrel, Mike Joyce, Jennifer Robinson, Julie Robison and Nels Roseland

A.   COMMENCEMENT

1.    Call to Order (Provided)

2.    Ceremonial Opening (Provided)

3.   Adoption of agenda (Approved the amended agenda. Amendments included: Tabled item H.1., Amberly development related items, including (a) annexation 05-A-23; (b) land plan amendment 05-LPA-13; and (c) rezoning 05-rez-26 to the 1/12/2006 council meeting; moved item H.2., Rezoning 05-REZ-30 (Tripathi property) to the consent agenda based on the withdrawal of the valid protest petition; removed item H.3.: Activity Center Concept Plan 05-AC-007 (Northwoods Activity Center Concept Plan Amendment) from this agenda and scheduled it for the 2/9/2006 council meeting; removed item I.2.a., Payment of law enforcement officers’ separation allowance from this agenda and scheduled it for the 1/12/2006 council meeting. )

B.   OATHS OF OFFICE

1.   Administration of oath of office to Jennifer Robinson (Council Member, District A). (The Honorable Ernest F. McAlister, Mayor of Cary, administered the oath)

2.   Administration of oath of office to Jack Smith (Council Member, District C). (The Honorable Tony Gurley, Chair, Wake County Board of Commissioners, administered the oath)

3.   Administration of oath of office to Julie Robison (Council Member, At-Large). (The Honorable Jennifer Weiss, N.C. House of Representatives, administered the oath)

15 MINUTE RECESS

C.   ORGANIZATIONAL MEETING

1.   Appointment of Mayor Pro Tem. (Jack Smith was appointed)

2.   Appointments to the Operations Committee and the Planning and Development Committee. (Operations Committee: Jennifer Robinson, chair, Jack Smith and Marla Dorrel; Planning & Development Committee: Nels Roseland, chair, Julie Robison and Mike Joyce)

3.   Appointment of council liaisons to boards/commissions.

a.   Economic Development Commission (Jack Smith)

b.   Information Services Advisory Board (Julie Robison)

c.   Parks, Recreation and Cultural Resources Advisory Board (Nels Roseland)

d.   Planning and Zoning Board (Jennifer Robinson)

e.   Public Art Advisory Board (Marla Dorrel)

f.    Sister Cities Commission (Jack Smith)

g.   Town Center Review Commission (Marla Dorrel)

h.   Utility Board of Adjustment (Mike Joyce)

i.    Zoning Board of Adjustment (Mike Joyce)

4.   Appointments of council members (regular and alternate members) to outside organizations.

a.   Transportation Advisory Committee (Mayor McAlister; alternate is Jack Smith)

b.   Metropolitan Coalition (Mayor McAlister; alternate is Jack Smith)

c.   Wake County Mayors’ Association (Mayor McAlister; no alternate)

d.   Wake County Growth Management Task Force (Jack Smith; alternate is Mike Joyce)

e.   Wake County school liaison (Mayor McAlister; alternate is Jennifer Robinson)

f.    Triangle J Council of Governments Board of Delegates (Marla Dorrel; alternate Julie Robison)

g.   Triangle J Council of Governments Center of the Region Enterprise (CORE) (Marla Dorrel; alternate is Jennifer Robinson)

h.   Triangle J Council of Governments Water Resources Advisory Committee (Julie Robison; alternate is Jennifer Robinson)

i.    Triangle J Council of Governments Smart Growth Committee (Jennifer Robinson; alternate is Mike Joyce)

j.    N.C. League of Municipalities liaison (Mayor McAlister; alternate is Jack Smith)

k.   National League of Cities liaison (Julie Robison; alternate is Nels Roseland)

D.   CONSENT AGENDA

The council pulled consent agenda item D.4.a.(8), recylcing goals, for discussion.

Mr. Joyce noted his opposition to consent agenda item D.3.a.(5), staff report number PL06-020.  

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 J on this agenda)

a.   Consideration of approval of the minutes of the regular town council meeting held on November 10, 2005. (Approved)

b.   Adoption of the calendar year 2006 meeting calendar for the Town of Cary. (Adopted)

c.   Consideration of adoption of a certificate of sufficiency and a resolution calling for a public hearing to be conducted on January 12, 2006 for annexation 05-A-36. The property is located at 3300, 3320 and 3328 Campbell Road and contains 31.38 acres. The associated development plan is 05-SB-015, Terrington Subdivision. (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 H on this agenda)

a.   Rezoning Petition 05-REZ-32 (Northwoods Planned Development District Amendment)
The property is located in the northeast corner of the intersection of NW Maynard Road and Chapel Hill Road and contains 1.95 acres. The request is to amend two of the current zoning conditions that apply to the outparcel adjacent to the new Lowe’s Home Improvement store on Chapel Hill Road . Specifically, the proposed changes relate to allowable retail uses, use of drive-through facilities, and the location of parking on this site. No increase in the allowed square footage of floor space is proposed. Staff and the Planning and Zoning Board unanimously recommend approval. (Approved)

b.   Rezoning Petition 05-REZ-33 (Cary Arboretum)
The property is located in the southwest quadrant of the intersection of Weston Parkway and North Harrison Avenue and contains 1.77 acres. This is a proposed change to the zoning conditions for the separate parcel of land zoned Office & Institutional-Conditional Use (O&I-CU) that surrounds the Arboretum Planned Development District (PDD).  The changes are applicable to the southern and eastern parts of this property and will modify the buffer treatment, allow the addition of parking to the south of the existing Arboretum project, and clarify the allowed use of the property near Harrison Avenue. No changes to requirements that regulate the portion of this property adjacent to the Wessex Subdivision are proposed. Staff and the Planning and Zoning Board unanimously recommend approval. (Approved)  

c.   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. Staff and the Planning and Zoning Board recommend unanimous approval. Council may take final action. (Approved)

3.   Planning and Development Committee Consent Agenda, November 17, 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 I.1. on this agenda)

a.   Consent Agenda

(1)     Tryon Plaza Modification (EN06-047)
Committee unanimously recommended approval of a modification to eliminate surrounding roadways from the overall impervious surface calculation of the Tryon Plaza project. (Approved)  

(2)     Westover Park - Request for payment-in-lieu of a 16” waterline within the future Morrisville Parkway Extension project  (EN06-053)
Committee unanimously recommended approval of a request to make a payment-in-lieu of constructing the 16” waterline along future Morrisville Parkway Extension, east of the Preston Village North subdivision to Davis Drive. (Approved)  

(3)     Donation of Bust of Koka Booth for Placement at the Koka Booth Amphitheatre (PR06-013)
Committee unanimously recommended acceptance of a bust of Koka Booth for placement at the Koka Booth Amphitheatre. (Approved)  

(4)     The Residences At The Arboretum (PL06-019)
Committee unanimously recommended approval of a site development plan for a multi-family development located in The Arboretum. (Approved)   

(5)     Comprehensive Annexation Program (PL06-020)
Committee unanimously recommended approval of the proposed schedule and tasks for finalizing the Comprehensive Annexation Program. (Approved)   

b.   For Information Only (no council action required)

(1)     Cole Creek at Weatherstone Greens (PL06-018)
Information regarding the revised Cole Creek at Weatherstone Greens Sketch Plan (information only; no council action required)

(2)     Public Art at Cary Dog Park (PR06-014)
Information regarding the use of surplus fire hydrants to create a public art project at Cary Dog Park (information only; no council action required)
 

4.   Operations Committee, December 7, 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 I.2. on this agenda)  

a.   Consent Agenda  

(1)     Contract Award – Engineering Services for the South Cary Water Reclamation Facility Digester Addition Project (EN06-054)
Committee unanimously recommended awarding an engineering services contract for the South Cary Water Reclamation Facility Digester Addition Project to CDM for $150,000. (Approved)     

(2)     Bid Award – Hillsdale Forest Sewer Extension & Greenwood Acres Utilities Improvements Projects (EN06-056)
Committee unanimously recommended  awarding the Hillsdale Forest Sewer Extension and Greenwood Acres Utilities Improvements Projects contract to the low bidder, William J. Keller & Sons Construction Company, for $979,420.75 and that $220,000 be transferred from SW5003 (Greenwood Acres-Sewer), to SW5002 Hillsdale Forest-Sewer). (Approved)     

(3)     Woodhaven Baptist Church - Kildaire Farm Road Widening Assessment
(EN06-057)
Committee unanimously recommended approval of a Resolution Declaring Cost, ordering preparation of Preliminary Assessment Roll and setting a Public Hearing on Preliminary Assessment Roll for the widening of Kildaire Farm Road along the Woodhaven Baptist Church property frontage for January 12, 2006. (Approved; public hearing will be 1/12/06)    

(4)     Ordinance Amendment for Dog Parks (PD06-008)
Committee unanimously recommended approval of ordinance amendments relating to allowing dogs off leash at dog parks. (Approved)     

(5)     Establishment of a Restricted Investment Fund (PR06-015)
Committee unanimously recommended approval of a separate, interest-bearing, account to manage the $231,377.26 from Colonel Steven’s estate to be restricted to Stevens Nature Center purposes only and further recommended recognizing the anticipated interest earnings of $6,800 in FY06 for appropriation in the PRCR-Recreation budget to be used for replacement and maintenance of Exhibit Hall components in accordance with the Renovation and Enhancement Plan. (Approved)     

(6)     2005 Comprehensive Annual Financial Report (FN06-004)
The FY2005 Comprehensive Annual Financial Report was presented to the Committee. (Approved)     

(7)     Revisions to Policy Statement 110 – Retiree Benefits (HR06-003)
Committee unanimously recommended approval of revisions to Policy Statement 110 – Retiree Benefits. (Approved)     

(8)     Curbside Recycling Goals and Collection Method (PWUT06-011)
Committee unanimously recommended approval of a commingled collection system and the following goals of the recycling program:  1) minimize inconvenience for the citizens, 2) maximum cost effectiveness of the program, 3) collect a wide variety of materials, and limit the contamination requiring disposal. (Pulled from consent agenda for discussion; see item I.2.b.)     

(9)     Long-term Solid Waste Disposal (PWUT06-012)
Committee unanimously recommended not entering into an Interlocal Agreement which provides for the cooperative management of the new South Wake landfill because of inequities between partners and future uncertainties in costs. (Approved)     

b.   For Information Only (no council action required)

(1)     Annual Report on Boards and Commissions Activities and Council Liaison Activities for Outside Organizations (TC06-005)
Report on 2005 activities/accomplishments of Council-appointed volunteer boards and commissions and Council involvement with outside organizations (information only; no council action required)

E.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

1.   Report of the status of the Cary and Chatham County joint planning efforts, and consideration of adoption of a resolution outlining these planning efforts, including preliminary steps and a proposed timeline. Council may take action. (Approved; the council agrees that, to the extent it lawfully can comply with the request, Cary will not voluntarily annex lands in Chatham County that are the result of future annexation requests, until the earlier of adoption of a joint planning document or September 2006.)

F.   PUBLIC HEARINGS

1.    Case 05-Var/Mod-01 (All speakers must be administered an oath by the town clerk prior to speaking at this public hearing)
Consideration of a request by representatives of Glenaire Retirement Community for a variance/modification for land located at 4000 Glenaire Circle (off of Kildaire Farm Road) in order to allow impervious surfaces and/or impact riparian buffers that are regulated by the Town of Cary. Following the public hearing, council may take action on this item. (Approved)

2.   Bond Issuance Extension
Consideration of adoption of orders extending the maximum time period for issuing bonds from 7 to 10 years for the bond orders approved by voters on February 2, 1999 (water bonds, parks and recreation facility bonds and street and sidewalk bonds). Following the public hearing, council may take action. (Approved)

3.   Street Closing
Consideration of adoption of a street closing order for the portion of right-of-way for Lake Drive located between Chapel Hill Road and Woodland Drive. Following the public hearing, council may take action. (Approved)

4.   Rezoning 05-REZ-36 (Chatham Pointe Planned Development District)
The property is located in the northeast corner of Old Apex Road and West Chatham Street and contains 16.25 acres. The current zoning is Planned Development District, General Commercial and Residential Multi-Family. The proposed zoning is Planned Development District Minor and will consist of approximately 3.1 acres of commercial and office uses and 13.14 acres of multi-family residential uses up to a total of 197 units. Due to additional advertising requirements, council may continue this public hearing to the January 12, 2006 council meeting. (Continued public hearing to the 1/12/06 council meeting)

5.   Cary Park Planned Development District Related Items: Council may refer this to the February 20, 2006 Planning and Zoning Board meeting.

a.   Land Use Plan Amendment 05-LPA-22
The property is located at the intersection of Carpenter Fire Station Road and Green Level Durham Road and contains 1.76 acres. The current land use plan designation is Institutional, and the proposed land use plan designation is Office and Institutional. (Referred to the 2/20/06 Planning & Zoning Board meeting)

b.   Rezoning 05-REZ-37 (Cary Park Planned Development District Amendment)
The property is located at the intersection of Carpenter Fire Station and Green Level Durham Road and contains 1.76 acres. The proposed amendment will remove a reservation for a public safety station or transportation facility use designation from the parcel. (Referred to the 2/20/06 Planning & Zoning Board meeting)

6.   Rezoning 05-REZ-38 (Nelson Property)
The properties are located at 9410 and 9412 Chapel Hill Road and contain 1.51 acres. The current zoning for 9410 Chapel Hill Road is Residential-20; the current zoning for 9412 Chapel Hill Road is Residential-40. The proposed zoning for 9410 Chapel Hill Road is Residential-12; the proposed zoning for 9412 Chapel Hill Road is Residential-20. Council may refer this to the February 20, 2006 Planning and Zoning Board meeting. (Referred to the 2/20/06 Planning & Zoning Board meeting)

7.   Annexation Petitions

a.   05-A-32: Property is located west of and adjacent to 719 Pittard Sears Road (Chatham County) and contains 47.24 acres. There is no associated rezoning or development plan. Following the public hearing, council may take action on this item. (Approved)

b.   05-A-34: Property is located at 7616 Green Hope School Road and contains 1.54 acres. There is no associated rezoning or development plan. Following the public hearing, council may take action on this item. (Approved)

c.   05-A-35: Property is located at 5859 Tryon Road and 2918 Jones Franklin Road and contains 2.22 acres. The associated development plan is 05-SP-123 (CVS). Following the public hearing, council may take action on this item. (Approved)

G.   PUBLIC SPEAKS OUT (see official minutes)

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

1.   Amberly Planned Development Amendment Related Items

a.   Annexation 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). This item was tabled at the November 10, 2005 council meeting. Council may remove this item from the table and take final action. (Tabled until 1/12/06)

b.   Land Plan Amendment 05-LPA-13
The current land use plan designation is Very Low Density Residential and Low Density Residential; the proposed land use plan designation is medium density residential. (See 05-REZ-26 [below] for property description.) The staff and the Planning and Zoning Board recommend unanimous approval. Council may take final action. (Tabled until 1/12/06)

c.    Rezoning 05-REZ-26
The property is located southwest of the intersection of Pittard Sears Road and O’Kelly Chapel Road, approximately 5,400 feet west of the intersection of O’Kelly Chapel Road and Green Level to Durham Road. The property contains 38.85 acres. The current zoning of the property is Chatham County Residential Agricultural, and the request would expand the medium density age restricted community associated with the Amberly Planned Development District. The staff and the Planning and Zoning Board recommend unanimous approval. Council may take final action. (Tabled until 1/12/06)   

2.   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. Staff and the Planning and Zoning Board recommend unanimous approval. Council may take final action. Due to a valid protest petition, six affirmative votes are required for approval.  (Moved to consent agenda; see item D.2.c.)  

3.   Activity Center Concept Plan 05-AC-007 (Northwoods Activity Center Concept Plan Amendment)
The property is located at 604 Reedy Creek Road and contains 9.73 acres. The request is to amend the Northwoods Activity Center Concept Plan to include a proposed subdivision of 12 single-family residential lots on 2.70 acres. The minimum lot size will be 5,000 square feet, and the overall density will be 4.4 units per acre. The development  proposal also includes 2.04 acres of open space. Staff and the majority of the Planning and Zoning Board recommend approval. Council may take action on this item. Due to a valid protest petition, six affirmative votes are required for approval. The applicant has requested that this item be removed from the December 15, 2005 council meeting agenda and rescheduled for the February 9, 2006 council meeting. The council may take this action at the beginning of this agenda (item A.2.). (Removed from this agenda at the request of the applicant and scheduled for the 2/9/06 council meeting)

4.   Triangle Transit Authority Development Items: Council may take action on these items.

a.   Site Plan 05-SP-002 (Triangle Transit Authority Downtown Cary Station)
The site is located between North Harrison Avenue and North Academy Street, north of the northern most existing railroad track and south and west of the Cary Chamber of Commerce Building.  The plan proposes a transit platform between two proposed TTA transit tracks, located north of the existing northern railroad track. The site contains 3.33 acres. Staff and the Town Center Advisory Commission recommend unanimous approval. (Approved)  

b.   Site Plan 05-SP-013 (Cary Chamber of Commerce and Triangle Building Association Parking Lot Revisions)
The site is located at 307 N Academy Street, and the Triangle Building Associates Building is at 315 N Academy Street.  The plan proposes modifications to both the Chamber of Commerce and Triangle Building Associates parking lots to accommodate a new parking lot for the proposed TTA Station. The plans would provide 27 parking spaces on the Chamber of Commerce property and 71 parking spaces on the Triangle Building Associates property and landscape modifications as needed to ensure compliance with Cary’s landscape standards.  No alterations to the buildings or utilities proposed. Staff and the Town Center Advisory Commission recommend approval. (Approved)  

I.    COMMITTEE REPORTS (discussion items)

1.   Planning and Development Committee, November 17, 2005 (any item pulled from the committee consent agenda for discussion [agenda item D.3.] will be discussed during this portion of the agenda)

a.   Harmony Subdivision Connectivity (EN06-055a)
Committee unanimously recommended that staff work with the applicant to develop specific site connectivity recommendations in accordance with options A (including a straight-west version), F  (as modified in a sketch supplied by the applicant at the meeting), and Connection 1. Council may take action on this item. (Approved right-of-way dedication in the location of Lot 246 and payment-in-lieu to be paid to the Town for future connection if viable; Approved a stub for Connection 1 and Option A.)

2.   Operations Committee, December 7, 2005 (any item pulled from the committee consent agenda for discussion [agenda item D.4.] will be discussed during this portion of the agenda) 

a.   Payment of the Law Enforcement Officers’ Separation Allowance (HR06-004)
Committee recommended by a vote of 2 to 1, Nels Roseland dissenting, to adopt a formal policy that will provide guidance on the payment of the special separation allowance to retired law enforcement officers. Council may take action on this item. (Removed from this agenda and scheduled for the 1/12/06 council meeting)  

b.   Curbside Recycling Goals and Collection Method (PWUT06-011)
Committee unanimously recommended approval of a commingled collection system and the following goals of the recycling program:  1) minimize inconvenience for the citizens, 2) maximum cost effectiveness of the program, 3) collect a wide variety of materials, and limit the contamination requiring disposal. (Approved)

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

1.   Annexation 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). This item was tabled at the November 10, 2005 council meeting. Council may remove this item from the table and take final action. (Approved; also approved a regional assessment to be conducted by staff and with existing funds of stormwater issues in the Stromer area; staff will report back to council in spring 2006)

2.   Capital Funding Approach To Delay Debt Issuance: The Operations Committee recommended by a vote of 2 to 1 (Jack Smith dissenting) that the Town not delay bond sales for one year by initially paying project costs with cash and reimbursing that cash when the bonds are later sold.  Committee did request more detailed information on the estimated $931,000 cost of the one year delay as well as the implications of delaying for six months rather than one year. At the November 10, 2005 council meeting, Mayor McAlister appointed a committee comprised of himself and council members Dorrel and Joyce to explore alternatives. The original staff report link is provided, and Mayor McAlister will give a verbal committee update at the December 15, 2005 council meeting. Council may take action on this item. (Approved the following ad-hoc committee recommendation: The committee agreed that the goal should be to delay as much debt service as possible related to the pending $40M general capital debt sale beyond FY 2007 and FY 2008. Having reviewed several specific methods and considered the pros and cons of each, the committee agreed not to direct staff to execute a particular financing mechanism, but to allow staff the flexibility to choose which mechanism, or combination of mechanisms, would work best to achieve this goal at the lowest overall cost possible. It was further confirmed that these financing decisions will not impact the current schedules related to individual projects. Staff will continue to update Council periodically on the forecasted impacts and related obligations that will be necessary to achieve this goal given project spending patterns, forecasted interest rates, and the impact of future appropriations.)

3.   Assessment of off-premise open house residential real estate signs. No action is required. (Approved; directed staff to include options in the LDO Round 7 amendments to increase the number of signs and to offer a legal opinion regarding the placement of signs on homeowner association property.)

4.   Consideration of a proposal submitted by council members Roseland and Joyce to establish a permanent citizen budget review commission for the Town of Cary. According to council’s adopted rules of procedure policy, the council may take one of the following actions: (i) Refer the request to the appropriate committee meeting, at which time a staff report with staff recommendation will be prepared, or (ii) Refer the request to a future council meeting, at which time a staff report with staff recommendation will be prepared, or (iii) Decide not to pursue the council initiated request. (Referred to the operations committee [manager to determine if it goes to or Jan. or Feb. committee meeting], and directed town manager to prepare staff report.)

K.   CLOSED SESSION (called)

L.   ADJOURNMENT (11:39 p.m.)