Cary Town Council Meeting Minutes

Thursday, February 9, 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 by links because of their length. Click on the appropriate link for the full text minutes. These minutes are draft only; contact the town clerk for official approved minutes (919-490-4941). 

Present: Mayor Ernie McAlister, Mayor Pro Tem Jack Smith, Council Members Marla Dorrel, Michael Joyce, Julie Robison and Nels Roseland; Council Member Robinson arrived late, and her arrival time is noted in the minutes.

A.   COMMENCEMENT

1.    Call to Order (Provided)

2.    Ceremonial Opening (Provided)

3.   Adoption of agenda (Adopted with the following changes: 1. Item F.1., Activity Center Concept Plan 05-AC-007 (Northwoods Activity Center Concept Plan Amendment): The applicant has added a new condition which may not be considered at the February 9, 2006 council meeting due to time requirements; therefore, at the beginning of the February 9 council meeting, the council may consider delaying this item to the February 23 council meeting so that the new condition may be considered. 2. New Item: Staff recommends adding the following item as H.1. (old/new business): Consideration of using a cable rail system for the outside bridge on Town Hall Campus.)  

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 January 26, 2006. (Approved)

b.   Consideration of approval of the tax report adopted by the Wake County Commissioners on January 17, 2006. (Approved)

c.   Consideration of adoption of a certificate of sufficiency and a resolution calling for a public hearing on annexation 06-A-05. The property is located 330 feet north of Old Apex Road and West Chatham Street and contains 13.16 acres. The associated rezoning case is 05-REZ-36 (Chatham Pointe). (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.   Rezoning 05-REZ-35 (Cary Park Planned Development District Amendment)
The property is located at the intersection of Cary Glen Boulevard and Carpenter Fire Station Road and consists of 424.26 acres. The request is to maintain the affordable housing requirement while providing the Cary Park developers greater flexibility and certainty in the placement and pricing of the affordable units. (Approved)

3.   Planning and Development Committee, January 26, 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 on this agenda)

a.   Cary Park Town Center – Request for Reduced Roadway Improvements and a Payment-in-Lieu (EN06-079)
Committee unanimously recommended allowing reduced roadway improvements at the Cary Park Town Center Green Level to Durham Road/Carpenter Fire Station Road intersection and accepting a payment-in-lieu for curb and sidewalk. (Approved)

b.   Copperleaf Subdivision – Request to Make a Payment-in-Lieu of Constructing a Portion of the North/South Collector (EN06-080)
Committee unanimously recommended accepting a payment-in-lieu of constructing a portion of the north/south collector along the eastern subdivision boundary. (Approved)

c.   Highwoods Properties – Request for Waiver of Road Improvements on Norwell Boulevard (EN06-081)
Committee unanimously recommended allowing reduced roadway improvements on Norwell Boulevard adjacent to 100 Weston Oaks Court. (Approved)

4.   Operations Committee, February 1, 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 on this agenda)  

a.   Consent Agenda  

(1)     Stormwater Control Project (EN06-076)
Committee unanimously recommends approval of a project to control stormwater and enhance water quality in the vicinity of the Barnes and Noble Plaza, including acquisition of approximately 2.5 acres of land to facilitate the construction of an Innovative Wet Pond behind Barnes and Noble Plaza and an appropriation of $370,000 from Unrestricted General Capital Reserve Fund. (Approved)  

(2)     Bid Award – Park at Westlake Sewage Pump Station (EN06-082)
Committee unanimously recommends that Wm. J. Keller & Sons Construction Corp. be awarded the Park at Westlake Sewage Pump Station contract for $337,779.  The award (by Council) represents a preliminary determination as to the qualification of the bidder and no legally binding acceptance of the bid or offer occurs until the Town has executed a written agreement. (Approved)

(3)     Tryon Office Center Phase 2 (EN06-084)
Committee unanimously recommends approval of allowing the developer of Tryon Office Center Phase 2 to pipe an existing swale per the Town’s Tryon Road widening plans and receive reimbursement for this work through the Tryon Road widening budget. (Approved)

(4)     Turner Creek Road Right of Way (EN06-085)
Committee unanimously recommends adoption of a Resolution for Right of Way Closing for a portion of Turner Creek Road. (Approved)  

(5)     Sale of Real Estate (EN06-086)
Committee unanimously recommends following the upset bid procedures in pursuing the sale of property at 2009 Piney Plains Road. (Approved)  

(6)     At-Grade Railroad Crossing along Morrisville Parkway (EN06-087)
Committee unanimously recommends proceeding with Option 1, pursuing an at-grade railroad crossing of Morrisville Parkway between Carpenter Upchurch Road and NC55, and entering into an agreement with CSX and NCDOT to pursue this option. (Approved)  

(7)     Condemnation Resolutions for White Oak Creek Utility Pipeline and Greenway Easements (EN06-088)
Committee unanimously recommends adoption of Condemnation Resolutions for easements for the White Oak Creek Utility Pipeline and Greenway. (Approved)  

(8)     Condemnation Resolution for Black Creek Greenway Easement (EN06-089)
Committee unanimously recommends adoption of a Condemnation Resolution for an easement for the Black Creek Greenway. (Approved)  

(9)     West Cary Pump Station Easement (EN06-090)
Committee unanimously recommends approval of the request from Progress Energy for an easement at the West Cary Pump Station. (Approved)  

(10)    Contract Award – Construction Administration and Construction Engineering Services for the West Cary Pump Station Phase 1 Project (EN06-091)
Committee unanimously recommends approval of awarding the environmental engineering firm Brown & Caldwell the construction administration and construction engineering services contract for the West Cary Pump Station Project Phase 1 construction for $442,900.  The award (by Council) represents a preliminary determination as to the qualification of the bidder and no legally binding acceptance of the bid or offer occurs until the Town has executed a written agreement. (Approved)

(11)    Request from Disabled Retiree for Insurance Premium Supplement (HR06-006)
Committee unanimously recommends approval of the request from disabled, retired employee to award a health insurance premium supplement per Policy Statement 110.  (Approved)  

(12)    Ordinance Amendment – Stop Streets (PD06-012)
Committee unanimously recommends approval of the amendment to Chapter 34, Section 34-329 Schedule IX: Stop Streets. (Approved)

(13)    Amendment No. 1 to Agreement for Water and Sewer Service to the Wake County Portion of Research Triangle Park (PWUT06-015)
Committee unanimously recommends approval of Amendment No. 1 to the Agreement Between Cary, Wake County, and Research Triangle Foundation for Provision of Water and Sewer Service to the Wake County Portion of Research Triangle Park, to provide a mechanism for planning for and treating higher than normal strength wastewater.  (Approved)

(14)    Town of Cary Charter (TC06-007)
Committee unanimously recommends approval of an ordinance to adopt the new charter and to include special legislation in the charter.  (Approved)

(15)    Law Enforcement Officers’ Separation Allowance (HR06-005)
Committee unanimously recommends approval of a policy that will provide guidance on the payment of the special separation allowance to retired law enforcement officers.  (Approved)

(16)    Requests for Assistance with Drainage (EN06-077)
Committee unanimously recommends approval of the top four rated locations (117 South Academy Street, 302 Queensferry Road, 1216 Wicklow Drive and 1237 Gatehouse Drive) for assistance under Policy Statement 146.  (Approved)

(17)    Reclaimed Water Agreement with Wake County and Durham County (PWUT06-014)
Committee unanimously recommends approval of an agreement with Wake County and Durham County to apply for allocated federal grant funds and design a reclaimed water system to serve RTP and northwest Cary.  (Approved)  

(18)    Citizen Budget Committee Consideration (AD06-003)
Committee unanimously recommends denial of a proposal to develop an appointed citizen budget committee. (Approved request to deny)  

(19)    Automated Meter Reading (FN06-002)
Committee unanimously recommends approval of a consultant proposal and appropriation of $100,000 from Utility Fund fund balance for the RFP and contract process. (Approved)  

b.   For Information Only (no council action required)

(1)     Watershed Study (EN06-075)
Committee tabled this Proposal for a Watershed Study Associated with the Gallup Property Annexation until the April 2006 Operations Committee meeting to allow the retreat discussion to occur prior to making a recommendation on this item. (For information only; no council action required)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

N/A

Council Member Robinson arrived at 6:39 p.m.

D.   PUBLIC HEARINGS

1.    Variance (06-VAR/MOD-01)
NOTE: All speakers must be sworn in by the clerk prior to speaking.
The applicant, Donald A. Sever, and Chas. H. Sells, Inc., representative for Blackstone at Amberly, has requested approval of a variance/modification for Blackstone at Amberly to impact the riparian buffer regulated by the Town of Cary Land Development Ordinance. Council may take action. (Denied)

2.   Budget Public Hearing
This public hearing provides an opportunity to the public to share their priorities for the Town of Cary’s Fiscal Year 2007 Annual Budget, which will identify services and infrastructure projects to be undertaken by the Town from July 1, 2006 through June 30, 2007. No council action is required; another budget public hearing will be conducted at the February 23, 2006 council meeting. (Public hearing conducted; no council action required)

3.   Rezoning 05-REZ-41 (Herndon Property)
The property is located at 6828 Turner Creek Road and contains 4.6 acres. The current zoning is Residential-40; the requested zoning is Residential-8 Conditional Use, which will provide for 18,000 square foot minimum lots and the reservation of future right-of-way along the northern portion of the property. Council may refer this to the April 17, 2006 Planning and Zoning Board meeting. (Referred to 4/17/06 Planning & Zoning Board meeting)

4.   Comprehensive Plan Amendment 05-CPA-24 (Riggsbee Property)
The property is located at 2631 Alston Avenue and contains 40.54 acres. The current comprehensive plan designation is Office and Institutional and Very Low Density Residential; the requested designation is Low Density Residential. Council may refer this to the April 17, 2006 Planning and Zoning Board meeting. (Referred to 4/17/06 Planning & Zoning Board meeting)

5.   Rezoning 05-REZ-42 (Riggsbee Property)
The property is located at 2631 Alston Avenue and contains 40.54 acres. The current zoning is Residential-40; the requested zoning is Residential-8 Conditional Use, including conditions to limit the maximum density to two dwelling units per acre and the average lot size of 10,500 square feet or greater. Council may refer this to the June 19, 2006 Planning and Zoning Board meeting. (Referred to 6/19/06 Planning & Zoning Board meeting)

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)

1.   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. Due to a valid protest petition, six affirmative votes are required for approval. (This item was removed from the December 15, 2005 council agenda and rescheduled for the February 9, 2006 council agenda.) (Delayed until 2/23/06 council meeting)

G.   COMMITTEE REPORTS (discussion items)

1.   Planning and Development Committee, January 26, 2006 (any item pulled from the Planning and Development Committee consent agenda for discussion [agenda item B.3.] will be discussed during this portion of the agenda)

N/A

2.   Operations Committee, February 1, 2006 (any item pulled from the Operations Committee consent agenda for discussion [agenda item B.4.] will be discussed during this portion of the agenda)

a.   Ordinance Amendment – Golf Carts (PD06-011)
Committee forwarded this request to consider amending Section 34-278 and Section 34-279 of the Town’s Code of Ordinances to allow the operation of golf carts on residential streets that meet specific requirements to the Town Council for discussion. Committee Member Dorrel asked staff to consider adjusting the criteria in the proposed ordinance. (Approved amended ordinance)

b.   Requests for Drainage Assistance (EN06-078)
Committee forwarded this request for assistance in correcting drainage problems in accordance with Policy Statement 35 to the Town Council for discussion. (Approved)

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. Consideration of using a cable rail system for the outside bridge on Town Hall Campus. (Approved)

I.    CLOSED SESSION (called)

J.   ADJOURNMENT (10:30 p.m.)