Cary Town Council Meeting Minutes

Thursday, January 12, 2006

6:30 p.m.

Council Chambers

316 N. Academy Street, Cary, N.C.

Web Site:  www.townofcary.org  

These minutes are divided into sections due to their length. Click on the appropriate section below for the full text minutes (DRAFT).

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 (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 December 15, 2005; the November 29, 2005 minutes from the Town Council work session to discuss the Town Center Civic & Cultural Arts District Study; the December 5, 2005 minutes from the budget committee meeting with staff to discuss alternatives to delay debt; and the December 13, 2005 minutes from Town Council meeting on the Legislative agenda update from the Ferguson Group. (Approved)  

b.   Consideration of a request to allow the Cary Chamber of Commerce to use the council chambers on February 7, 2006 for Adult Leadership Cary and on February 28, 2006 for Youth Leadership Cary. (Approved)

c.   Consideration of approval of the tax report that was adopted by the Wake County Commissioners on November 5, 2005. (Approved)

d.   Consideration of a request to allow the N.C. Retirement System to use the council chambers on May 9, 2006 and the computer technology in the council chambers for a retirement conference. (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.   Consent Agenda

(1)     Rezoning Petition 05-REZ-31 (Dellinger Planned Development District Amendment)
The property is located in the northeast corner of the intersection of Dillard Drive and Piney Plains Road and contains 5.3 acres. This proposal seeks to increase the square footage limit for Tract 1 of the Dellinger Planned Development District from 35,000 square feet of commercial use to 162,000 square feet of commercial use. (Approved)

(2)     Crossroads Regional Activity Center Development-Related Items (Mr. Philip Smith)

(a)     Land Use Plan Amendment 05-LPA-20
The current Land Use Plan designation is Office and Institutional; the requested Land Use Plan designation is High Density Residential. (See 05-AC-008 [below] for property description.) (Approved)

(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. (Approved)

b.   Information Only (no council action is required)

(1)      Amberly Planned Development Amendment Related Items: These items were tabled at the December 15, 2005 council meeting. The applicant has withdrawn these items. No council action is required. (Mr. Bob Benfield)

(a)     Annexation 05-A-23 (WITHDRAWN)
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).

(b)     Land Plan Amendment 05-LPA-13 (WITHDRAWN)
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.)

(c)      Rezoning 05-REZ-26 (WITHDRAWN)
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.

3.   Planning and Development Committee, December 15, 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.1. on this agenda)

a.   Terrington Subdivision – Request for Road Improvement Payment-in-lieu and Sidewalk Installation Waiver (EN06-061)
Committee unanimously recommended approval of a payment in lieu of road improvements and waivers for sidewalk and a sanitary sewer interceptor. (Approved)

b.   Greenwood Forest Baptist Church – Request for Road Improvement Waiver (EN06-062)
Committee unanimously recommended waiving road improvement requirements associated with the Greenwood Forest Baptist Church Expansion site plan (05-SP-145). (Approved)

c.   Annual Report and Assessment Regarding Sign Violation Sticker Program (PL06-022)
Committee unanimously recommended continuing the sign violation sticker program.  Julie Robison stated that she was pleased with the results and thanked staff. (Approved)

d.   Changes in the Rezoning and Plan Amendment Process to Meet State Law (PL06-027)
Committee unanimously recommended separating Comprehensive Plan amendments from rezoning requests to conform to recent changes in the NC General Statutes. (Approved)

e.   Timing of Traffic Impact Analyses (PL06-028)
Committee unanimously recommended requiring traffic impact analyses for site and subdivision applications to be submitted with at the time of the second plan submittal. (Approved)

f.    Weston Pedestrian Facility – Request to Use Asphalt Versus Concrete (EN06-060)
Committee unanimously recommended approval of a request to allow an asphalt path instead of a concrete sidewalk along Weston Parkway. (Approved)

g.   Upchurch Farms Phase 4 – Request for Reduced Road Improvements (EN06-063)
Committee unanimously recommended requiring the developer to complete the 45-foot back-to-back cross section within the existing 60-foot right-of-way and require the typical 5-foot utility strip and 5-foot wide sidewalk, with a sidewalk maintenance easement 6 inches beyond the outside edge of the sidewalk. (Approved)

h.   Land Development Ordinance (LDO) Text Amendments (Round 7) (PL06-024)
Committee unanimously recommended setting a public hearing for January 26, 2006 on a series of modifications and revisions to the Land Development Ordinance including adjustments to signage allotment for multi-occupant buildings. (Approved a public hearing on 1/26/2006)

4.   Operations Committee, January 4, 2006 (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.2.(b) on this agenda)

a.   Consent Agenda  

(1)     Bid Award – West Cary Pump Station – Phase I Construction (EN06-065)
Committee unanimously recommended bid award for the West Cary Pump Station – Phase I to the low bidder, Pizzagalli Construction Company, Inc. for $6,232,000 and a transfer of $2,755,000 from utility capital reserve sewer development fee fund balance into this project. (Approved) 

(2)     Hazelwood Community Petition for Water and Sewer Service (EN06-067)
Committee unanimously recommended approval of a petition submitted by the residents of Hazelwood Subdivision requesting water and sewer service and creating accounts for these projects as follows:
SW5013 – Hazelwood Sewer Extension:  To be funded with $190,000 from host account SW1087
WT5013 – Hazelwood Water Extension:  To be funded with $95,000  from host account WT1094.  (Approved)

(3)     Castalia Drive Traffic Calming (EN06-068)
Committee unanimously recommended installing the traffic calming devices on Castalia Drive. (Approved)

(4)     Utility Service to the Southwest Wake YMCA  (EN06-069)
Committee unanimously recommended approval of a request to enter into a reimbursement contract with the Southwest Wake YMCA for offsite water lines.  (Approved)

(5)     Bid Award – Field Street Elevated Water Tank (EN06-070)
Committee unanimously recommended bid award to the low bidder, CB&I Constructors, Inc., for $2,283,000 for the Field Street Elevated Water Tank and an appropriation of $1,100,000 from Utility Capital Reserve Water Development Fee fund balance to this project. (Approved) 

(6)     Additional Funding for the NC 54/Chapel Hill Road Widening Construction Project (EN06-071)
Committee unanimously recommended:  1) an additional appropriation of $513,500 to the NC54/Chapel Hill Road Widening Project (ST1029) to fund the incremental costs associated with the MSE wall required by NCDOT, 2) a transfer of $200,000 in transportation development fee revenue from ST1141 to ST1029, and 3) a transfer of $313,500 from the transportation development fee revenue fund balance within the general capital reserve to project ST1029. (Approved) 

(7)     Progress Energy Request for an Easement at Fire Station No. 7 (EN06-072)
Committee unanimously recommended approval of a request from Progress Energy for an easement at Fire Station No. 7. (Approved) 

(8)     Request to Release Portions of an Access Easement (EN06-073)
Committee unanimously recommended approval of a request to release portions of an access easement. (Approved)

(9)     Request for Additional Funding for Davis Drive Widening Project (EN06-074)
Committee unanimously recommended a transfer of $500,000 from Project ST1121 (NW Area Plan Right of Way) to the Davis Drive Widening Project (ST1047) to cover the cost of additional undercut. (Approved)  

(10)    Local Fireman’s Relief Fund Board of Trustees Appointment (FD06-001)
Committee unanimously recommended reappointing Robert Heater to the Local Fireman’s Relief Fund Board of Trustees. (Approved) 

(11)    Approval of Police Purchases Using Restricted Funds (PD06-009)
Committee unanimously recommended recognition of $3,500 received from the Wake County Courts and the expenditure of those funds for the purchase of ten prisoner transport screens. (Approved)

(12)    Bid Award – Side Loading Refuse Trucks (PWUT06-013)
Committee unanimously recommended bid award for five side-loading refuse vehicles to Amick Equipment Co., Inc. for $908,678 under the requirements of  N.C.G.S 143-129. (Approved) 

(13)    Utility Service to Terrington Subdivision  (EN06-052a)
Committee unanimously recommended that the Town to fund a pump station to serve Terrington Subdivision (formerly the Summers tract rezoning) and enter into a reimbursement contract for the offsite water line. (Approved) 

b.   For Information Only (no council action required)

(1)     Planning Department Staffing Changes (PL06-030)
Information regarding position upgrades and establishment of an expanded career ladder for planners. (FYI) (no action required)

(2)     2005 Lazy Daze Grants Report (PR06-016)
Annual report to the Town Council of the Lazy Daze Grant recipients from the Festivals Committee. (FYI) (no action required)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

N/A

D.   PUBLIC HEARINGS

1.   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. (This public hearing was continued from the December 15, 2005 council meeting. No one from the public spoke at that public hearing.) Council may forward this item to the February 20, 2006 Planning and Zoning Board meeting. (Referred to 2/20/2006 Planning and Zoning Board meeting)

2.   Cameron Pond Estates Related Development Items: Council may forward these items to the March 20, 2006 Planning and Zoning Board meeting.

a.   Land Use Plan Amendment 05-LPA-23
The property is located south of the existing Cameron Pond Planned Development District, west of Wackena Road, and north of Twyla Road and contains 24.85 acres. The current land use plan designation is Medium Density Residential; the proposed land use plan designation is Low Density Residential. (Referred to 3/20/2006 Planning and Zoning Board meeting)

b.   Rezoning 05-REZ-39 (Cameron Pond Estates)
The property is located south of the existing Cameron Pond Planned Development District, west of Wackena Road, and north of Twyla Road and contains 24.85 acres. The current zoning is Residential-40; the proposed zoning is Residential-12 Conditional Use. (Referred to 3/20/2006 Planning and Zoning Board meeting)

3.   Rezoning 05-REZ-40 (Sears Farm Planned Development Amendment)
The property is located in the southeast corner of Davis Drive and High House Road and contains 75.28 acres. The request is to amend the existing conditions associated with the Sears Farm Planned Development. The proposed amended conditions include modifications  to building size and parking spaces and an increase in the number of residential units. Council may forward this item to the March 20, 2006 Planning and Zoning Board meeting. (Referred to 3/20/2006 Planning and Zoning Board meeting)

4.   Assessment Public Hearing
Public hearing on the Preliminary Assessment Roll for the widening of Kildaire Farm Road along the Woodhaven Baptist Church property frontage. Council may take action. (Approved)

E.   PUBLIC SPEAKS OUT (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)

N/A

G.   COMMITTEE REPORTS (discussion items)

1.   Planning and Development Committee, December 15, 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.   Operations Committee (any item pulled from the committee consent agenda for discussion [agenda item B.4.] will be discussed during this portion of the agenda)

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.   Appointment of board/commission members. 

Approved the following: 

Economic Development Commission

NOTE: In making appointments to this board, consideration was given to the recommended areas of expertise for membership. (Membership consists of 1 public sector member which is a Town Council member (this will change to a private sector member), 3 members representing computer technology or bio-technology related companies, 3 members representing commercial building and development businesses, 1 member representing the Cary Chamber of Commerce, 1 member who is the Cary designate for the Wake County Economic Development Commission, and 4 other members from the private sector or general public.  

• Appoint Ravi Chadha to a 1st term (term expires 2/1/09 )
• Appoint Wally Dawson to a 1st term (term expires 2/1/09 )
• Appoint Greg Hamlyn to a 1st term (term expires 2/1/09 )
• Appoint Richard Morris to a 1st term (term expires 2/1/09 )
• Appoint Jeff Wurtsbaugh to a 1st term (fills unexpired term of Betsy Justus; term expires 2/1/07 )
• Appoint Hari Nath to a 1st term (fills unexpired term of Bill Johnson; term expires 2/1/07 )

NOTE: Jack Smith currently serves on Cary ’s economic development commission as Cary ’s representative for the Wake County EDC. The council is asked to extend Mayor Pro Tem Smith’s term on the Cary EDC indefinitely until the appointment to the county board is handled. For record-keeping purposes, the new expiration date will be shown as 2/1/2007 .  

• CHAIR: NELLIE SHIPLEY 

Information Services Advisory Board

NOTE: In making appointments to this board, consideration was given to the recommended areas of expertise for membership. (Membership includes 2 members with special training or expertise in internet applications, development or design; 2 members with special training or expertise in marketing, advertising or public relations; and 2 members with special training or expertise in mass media such as radio, television, cable or newspaper.)  

• Reappoint Steve DelVerde to continue his 1st term (term expires 2/1/07 ) (By making this appointment, the council agrees to waive the attendance requirement to allow Mr. DelVerde to continue his first term)
• Appoint Frank DeVita to a 1st term (term expires 2/1/09 )
• Reappoint John Fitzpatrick to a 2nd term (term expires 2/1/09 )
• Appoint Tangie Hofer to a 1st term (fills unexpired term of Angel Wright-Feldman, term expires 2/1/08)
• Appoint Mehrnaz Kite to a 1st term (fills unexpired term of Jamie Cuticchia, term expires 2/1/08 )
• CHAIR: MARK EVANGELISTA

Parks, Recreation and Cultural Resources Advisory Board

• Appoint Maryiln Goldman to a 1st term (term expires 2/1/09 )
• Appoint Lizette Cruz-Watko to a 1st term (term expires 2/1/09 )
• Appoint Dennis Hoadley to a 1st term (term expires 2/1/09 )
• Reappoint Tom Hemrick to a 3rd term (fills unexpired term of Melissa White, term expires 2/1/07 ) (By making this appointment, the council agrees to waive the 2-term limit)
• CHAIR: STEVE SMUTKO

NOTE: The following needs to be included in the motion for the board appointments: The council gives the Board the authority to appoint from its membership chairs for the Teen Advisory Committee, Greenway Committee, Athletics Committee and Cultural Arts Committee. (This is a waiver to the Town Code and needs to be part of the motion.)  

Planning and Zoning Board

• Appoint William Johnson to a 1st term (in-town, term expires 2/1/09 )
• Appoint Don Frantz to a 1st term (in-town, term expires 2/1/09 )
• Appoint Julia Rudy to a 1st term (in-town, term expires 2/1/09 )
• Appoint Scott Brookhart to a 1st term (in-town, term expires 2/1/09 )
• CHAIR: CHRISTOPHER BROOKS

Public Art Advisory Board

NOTE: In making appointments to this board, consideration was given to the recommended areas of expertise for membership. (Membership includes representation from local visual arts organizations, working artists, architects, private development community and the general public.)  

• Reappoint Carol Aupperle to a 2nd term (term expires 2/1/09 )
• CHAIR: CAROL AUPPERLE 

Sister Cities Commission

• Appoint Selby Lo to a 1st term (term expires 2/1/09 ) (By making this appointment, the council waives the residency requirement; Selby home is in Cary ; currently, he is a full-time student at N.C. State University )
• Appoint Chakrapani Tademeti to a 1st term (fills unexpired term of Cynthia Charters; term expires 2/1/07 )
• Reappoint Lisa Englert to continue her 1st term (term expires 2/1/07 ) (By making this appointment, the council agrees to waive the attendance requirement to allow Ms. Englert to continue her first term)
• Appoint Brenda Monroe to a 1st term (term expires 2/1/09 )
• Reappoint Ian Henshaw to a 2nd term (term expires 2/1/09 )
• CHAIR: IAN HENSHAW

Town Center Review Commission  

NOTE: In making appointments to this board, consideration was given to the recommended areas of expertise for membership. (Membership includes representation of at least 2 members with expertise in architecture, urban design, landscape architecture, engineering, planning, art, or a similar field; 1 member who is a downtown business owner; 1 member who lives in the area covered by the Town Center Plan; 1 member who is on the Planning and Zoning Board and serves as chair; and, 2 at-large members which may include additional members from the above listing.)  

• Appoint Kelly Commiskey from the Planning and Zoning Board to fill the P&Z position on this commission, term expires 2/1/07*)
• Appoint Nathaniel Parker to a 1st term (term expires 2/1/09 )
• Reappoint Richard Redfoot to a 2nd term (term expires 2/1/09 )
• CHAIR: KELLY COMMISKEY (*Council has directed that the P&Z appointed member serve as Chair of this commission) 

Utility Board of Adjustment

• Appoint Angela Wooten to a 1st term (term expires 2/1/09 )
• Appoint Stephen Rodr to a 1st term as an alternate (term expires 2/1/09 )
• Appoint David Stone to a 1st term as an alternate (term expires 2/1/09 )
• CHAIR: MICHAEL WALSH 

Zoning Board of Adjustment 

• Recommend reappointment of Catherine Heath to a 2nd term as an ETJ member (recommendation is forwarded to Wake County Commissioners for approval; term expires 2/1/09 ) (By making this recommendation, the council waives the application date deadline, because Ms. Heath’s application was received after the application deadline) 

·         CHAIR: GAINES WEAVER

Additionally, council needs to be made aware of the following proposed structure change for the Zoning Board of Adjustment. A public hearing will be held at a future council meeting at which time a final council decision will be made on the proposed change: For 2006, decrease the number of regular members to 7 and ETJ members to 1 for a total membership of 8 and provide for one alternate positions. The reason for the membership change is due to the infrequency of board meetings. The proposal for 2007 is to reduce the board by natural attrition to the legal minimum of 5 members (4 regular and 1 ETJ). Again, a public hearing will be conducted and an ordinance amendment adopted in the near future to implement this change.

I.    CLOSED SESSION (called)

J.   ADJOURNMENT (8:21 p.m.)