NOTE: These draft minutes are divided into sections because of the length of the document. Click on the appropriate links to view the full text minutes of particular sections.

Present:  Mayor Ernie McAlister, Council Members Marla Dorrel, Michael Joyce, Jennifer Robinson and Julie Robison

Absent: Mayor Pro Tem Jack Smith and Council Member Nels Roseland

A.   COMMENCEMENT

1.    Call to Order (Provided)

2.    Ceremonial Opening (Provided)

3.   Adoption of agenda (Deleted item B.4.l., Adoption of Condemnation Resolutions for Camp Branch Utility Pipeline Easement; moved item G.2.a., Miracle League, to the consent agenda as item B.4.z.; approved amended agenda)

B.   CONSENT AGENDA

Mr. Joyce voiced his opposition to agenda item B.3.e., comprehensive annexation program.

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 February 23, 2006, the minutes of the work session regarding retreat topics held on February 21, 2006, and the minutes of the work session regarding economic development held on February 28, 2006. (Approved)

b.   Consideration of approval of the sale of property located at 2009 Piney Plains Road for $79,760. The upset bid procedures were followed. (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-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. (Approved)

b.   Cary Park Planned Development District Related Items:

(1)  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. (Approved)

(2)  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. (Approved)

c.   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. (Approved)

3.   Planning and Development Committee, February 23, 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.      Tryon Village Shopping Center – Request Waiver of Tryon Road Widening (EN06-097)
Committee recommended approval of a request to waive Tryon Road widening requirements associated with site development, subject to right of way dedication and the provision of a 15 foot temporary construction easement for any future widening. (Approved)

b.      Comprehensive Transportation Plan Update Contract (PL06-032)
Committee recommended awarding a contract for the Comprehensive Transportation Plan Update to Kimley Horn & Associates, Inc. for $250,000. (Approved)

c.      Community Development Block Grant Annual Action Plan Public Hearing (PL06-034)
Committee recommended setting a public hearing for the FY2007 Community Development Block Grant (CDBG) Annual Action Plan on April 27, 2006. (Approved the public hearing date)

d.      White Oak Creek Stream Restoration and Greenway Project (PR06-019)
Committee recommended awarding a contract to Buck Engineering for $272,000 for design and construction documentation for the White Oak Stream Restoration and Greenway Project. (Approved)

e.      Comprehensive Annexation Program (PL06-035)
Committee recommended adoption of the Comprehensive Annexation Program and a Resolution of Consideration including a map of the Annexation Study Areas. (Approved)

f.       Walnut Street Park Master Plan (PR06-018)
Committee recommended:  1) approval of the master plan for Walnut Street Park, 2) incorporation of public art into Walnut Street Park, 3) recognition of a donation of $20,000 from Cary Visual Art as revenue to the project to be used for the implementation of public art, and 4) authorization to utilize $20,000 in existing project funds to design integrated public art into the project. (Approved)

4.   Operations Committee, March 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.   2006 Street Improvements Project Priority List (EN06-083)
Committee recommended approval of the list of streets for the 2006 Street Improvements Project. (Approved)

b.   Cotswold Speed Hump Request (EN06-093)
Committee recommended approval of the placement of four speed humps in the Cotswold Subdivision. (Approved)

c.   Contract Award – Soils and Materials Testing Services for the Construction of the West Cary Pump Station Project Phase 1 Construction (EN06-094)
Committee recommended awarding a contract for soils and material testing services during the construction of the West Cary Pump Station Project Phase 1 construction to Terracon Consultants, Inc. for $46,908. (Approved)

d.   Castalia Drive Traffic Calming Bid Award (EN06-095)
Committee recommended that low bidder Lanier Construction Company, Inc. be awarded the Castalia Drive Traffic Calming contract for $271,798.55.  Committee further recommended that an additional $231,223 in unrestricted revenue from Project ST1068 be transferred to Project ST1124 to fund construction. (Approved)

e.   Request for an Easement at Fire Station No. 3 (EN06-099)
Committee recommended approval of a Progress Energy Telecom request for an easement at Fire Station No. 3. (Approved)

f.    2006 Sewer Rehabilitation Project Bid Award (EN06-100)
Committee recommended approval of a bid award to low bidder Reynolds, Inc. for $1,584,500 for the 2006 Sewer Rehabilitation Project and that a budget totaling $1,742,950 be established in SW1118 by transferring the available balances in Projects SW1072, SW1088 and SW1104 to the SW1118 Replace/Rehab Sewer Mains-FY2006 project. (Approved)

g.   Black Creek Greenway, Phase IV Update (EN06-101)
Committee recommended that the project update related to the proposed uncontrolled pedestrian crossing on NW Maynard Road be placed in the council record. (Approved)

h.   Stonewater PDD Gas Line Relocation (EN06-103)
Committee recommended recognizing $32,167 in additional funding from Waterford Development LLC related to relocating a natural gas pipeline along Alston Avenue. (Approved)

i.    Evans Road/Wild Weasel Way Petition for Water and Sewer Service (EN06-104)
Committee recommended approval of a petition submitted by the residents of Evans Road/Wild Weasel Way requesting water and sewer service and creating separate accounts as follow to fund the water and sewer system construction:
SW5014 – Wild Weasel Way Sewer Extension
Create Project SW 5014 with $145,000 to fund the construction of the Wild Weasel Way sewer extension by transferring $145,000 from SW1087 to create the construction budget.  The creation of Project SW5014 will reduce the remaining balance of SW1087 to $1,076,428.32 to fund new petition-initiated sewer projects.
WT5014 – Wild Weasel Way Water Extension
Create Project WT5014 with $115,000 to fund the construction of the Wild Weasel Way water extension by transferring $115,000 from WT1094 to create the construction budget.  The creation of Project WT5014 will reduce the remaining balance of WT1094 to $772,475. (Approved)

j.    Utility Service to the McCrimmon at the Park Subdivision (EN06-105)
Committee recommended approval of a request to enter into a reimbursement contract with the developers of the McCrimmon at the Park subdivision for offsite sanitary sewer lines. (Approved)

k.   Gabel Farms PDD Permitting Agreement (EN06-106)
Committee recommended entering into a permitting agreement with M/I Homes for the development of Gabel Farms PDD. (Approved)

l.    Adoption of Condemnation Resolutions for Camp Branch Utility Pipeline Easement (EN06‑108)
Committee recommended approval of a request to adopt a Resolution Authorizing Condemnation related to the Camp Branch Sanitary Sewer project. (Removed from agenda; item is settled and does not need council action)

m.  Public Hearing for Regency Parkway Right of Way Closing (EN06-109)
Committee recommended setting a public hearing on closing a portion of right of way on Regency Parkway for April 27, 2006. (Approved the public hearing date)

n.   Greenway Release Along Creek Park Drive (EN06-110)
Committee recommended release of greenway designation along Creek Park Drive. (Approved)

o.   Bid Award – Camp Branch Sanitary Sewer Improvement (EN06-111)
Committee recommended bid award to low bidder Harrelson Utilities, Inc. for the base and alternate bid for the Camp Branch Sanitary Sewer Improvements for $832,672.84.  Committee further recommended utilizing $720,172.84 in already appropriated funds within Project SW1047 for the base project and that already appropriated funds in Project SW1024 be utilized for the $112,500 alternate bid portion of the project. (Approved)

p.   Annual Turnover Report (HR06-007)
Committee recommended entering the annual turnover report for the Town of Cary for 2005 into the council record. (Approved)

q.   Recognition of grant award (PD06-013)
Committee recommended recognition of $15,000 in federal grant fund revenue into the general fund as awarded by the Governor’s Highway Safety Program and appropriation of these funds to the Police Department’s capital equipment account, which when combined with already approved $15,00 in Town funding, will allow for the purchase of five in-car video camera systems. (Approved)

r.    Sewer Use Ordinance Amendments (PWUT06-016)
Committee recommended adoption of revisions to the Town of Cary Code of Ordinances Chapter 36, Utilities, Sec. 26-172 through Sec. 36-185. (Approved)

s.    Update on Noise Ordinance Revision (PWUT06-017)
Committee recommended that the update on the revision to the noise ordinance be entered into the council record. (Approved)

t.    South Cary Water Reclamation Facility Odor Control Project (PWUT06-018)
Committee recommended rejecting construction bids received on February 15, 2006 for the South Cary Water Reclamation Facility Odor Control Project. (Approved)

u.   Budget Amendment for Cary-Morrisville Utility Systems Merger (PWUT06-019)
Committee recommended amending the FY2006 utility budget ordinance by appropriating $83,700 from the Utility Fund fund balance to operating accounts and $15,000 in the Sewer Capital Improvement Budget for a new capital project entitled “MM-Telemetry Upgrades for Morrisville Wastewater Pump Stations” to be funded with utility capital reserve unrestricted fund balance. (Approved)

v.   Ordinance Amendment to Chapter 2, Article V of the Code of Ordinances (TC06-008)
Committee recommended that a public hearing be held on March 23, 2006 to amend Chapter 2, Article V, Board, Commissions and Authorities, Sections 2-161, 2-164, 2-165, and 2-167.  Committee also recommended that proposed changes to Sections 2-162, 2-168 and 2-172 be addressed at the same time as those requiring a public hearing. (Approved the public hearing date)

w.  Churchill Estates Sewer Options (EN06-107)
Committee recommended Option 3 as the route to be used for the sewer line serving Churchill Estates. (Approved)

x.   Federal Legislative Agenda (AD06-005)
Committee recommended approval of a Federal Legislative Agenda for the FY2007 budget year. (Approved)

y.   License Fees for Co-location on Water Tanks and Communication Towers (TS06-002)
After considering information presented by Ralph Wyngarden who represented Clearwire, Committee recommended denial of a request for reduced license fees for co-location on Town-owned water tanks and communication towers. (Approved the recommendation to deny)

z.   Miracle League Donation (PR06-020)
Committee recommended a one-time donation of $50,000 to The Miracle League of the Triangle, Inc. for help in constructing a baseball field specifically designed for children with disabilities. (Approved)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

N/A

D.   PUBLIC HEARINGS

1.   Comprehensive Plan Amendment 06-CPA-01, Regency Park
The property is located at 7000 Regency Parkway and contains approximately 13 acres. The current comprehensive plan designation is Office/Institutional; the proposed comprehensive plan designation is Mixed Use. Council may refer this to the May 15, 2006 Planning & Zoning Board meeting. (Referred to 5/15/06 planning & zoning board meeting)

2.   Rezoning 06-REZ-01, Regency Park Planned Development District Amendment
The property is located at 7000 Regency Parkway and contains approximately 13 acres. The request is to amend the conditions of the existing planned development to allow residential uses on Tract C-5. Council may refer this to the July 17, 2006 Planning & Zoning Board meeting. (Referred to 7/17/06 planning & zoning board meeting)

3.   Rezoning 06-REZ-02, Weldon Ridge Planned Development District Amendment
The property is located at 1056 Ferson Road and contains five acres. The request is to amend the conditions of the existing planned development to allow the addition of five acres to Tract SF-9 to allow for an overall total of 650 units vs. the previously approved 642 units. Council may refer this to the May 15, 2006 Planning & Zoning Board meeting. (Referred to 5/15/06 planning & zoning board meeting)

4.   Comprehensive Plan Amendment 06-CPA-02, Fryar Property
The property is located at Green Hope School Road at Fryar’s Frontier Trail and contains approximately 94 acres. The current comprehensive plan designation is Very Low Density Residential and Medium Density Residential; the proposed comprehensive plan designation is Low Density Residential, Medium Density Residential and Commercial. Council may refer this to the May 15, 2006 Planning & Zoning Board meeting. (Referred to 5/15/06 planning & zoning board meeting)

5.   Rezoning 06-REZ-03, Fryar Planned Development District
The property is located at Green Hope School Road at Fryar’s Frontier Trail and contains approximately 94 acres. The current zoning is Residential-40; the proposed zoning is Planned Development District to include a proposed mix of 54 low density residential units, 268 medium density residential units and a 2.5-acre commercial tract. Council may refer this to the July 17, 2006 Planning & Zoning Board meeting. (Referred to 7/17/06 planning & zoning board meeting)

6.   Comprehensive Plan Amendment 06-CPA-03, Bashyam Property
The property is located in the southwest quadrant of the intersection of NW Maynard Road and Chapel Hill Road and contains 16.09 acres. The current comprehensive plan designation is Office/Institutional and Medium Density Residential; the proposed comprehensive plan designation is Mixed Use. Council may refer this to the May 15, 2006 Planning & Zoning Board meeting. (Referred to 5/15/06 planning & zoning board meeting)

7.   Citizen-Initiated Annexation
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). 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)

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. Council may take action on this item. 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; it was removed from the February 9, 2006 council agenda and rescheduled for the February 23, 2006 agenda so that a new condition may be considered by council; it was tabled at the February 23, 2006 council meeting to the March 9, 2006 council meeting.) (Approved)

G.   COMMITTEE REPORTS (discussion items)

1.   Planning and Development Committee, February 23, 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, March 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.   Miracle League Donation (PR06-020)
Committee recommended a one-time donation of $50,000 to The Miracle League of the Triangle, Inc. for help in constructing a baseball field specifically designed for children with disabilities. (Moved to consent; see item B.4.z.)

b.   Auditor Selection (FN06-006)
Committee recommended appointment of Cherry Bekaert & Holland, LLP as the Town’s auditor for fiscal years 2006, 2007, and 2008 with an option to renew for an additional two years.  Committee member Marla Dorrel requested to be recused based on a potential conflict of interest. (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)

N/A

I.    CLOSED SESSION (called)

J.   ADJOURNMENT (9:52 p.m.)