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DRAFT (contact
Town Clerk for official minutes; 919-469-4011; sue.rowland@townofcary.org)
Cary
Town
Council
Meeting Minutes
Thursday,
April 27, 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 the length of the document.
Click on the appropriate link to see the full text minutes.
Present: Mayor Ernie McAlister, Council Members Marla Dorrel, Mike
Joyce, Jennifer Robinson and Nels Roseland; Mayor Pro Tem Jack Smith
arrived late and his arrival time is noted in the minutes.
Absent: Council Member Julie Robison
A.
COMMENCEMENT
1.
Call to Order (Provided)
2.
Ceremonial Opening (Provided)
3.
Adoption of agenda (Approved
with the following amendments:
(1) Adding the following item to the
agenda as Item H.2. (under old/new business):
Consideration of a Proposal for a Watershed Study
Associated with the Gallup Property Annexation; (2) Deleting consent
agenda item B.4.j., which has been resolved:
Consideration of Adoption of Condemnation Resolutions for
West Park Street Sidewalk
Easement
(EN06-126); and (3) Deleting consent
agenda item B.4.m., which has been resolved:
Fire Station 7 Sewer Main Project: Condemnation Resolutions
[EN06-130])
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 March 23, 2006; the minutes of the
2006 Council/Staff
retreat; and the minutes of the Boards/Commissions reception held on
April 18, 2006.
(Approved)
b.
Consideration of adoption of the tax reports that were approved by
the Wake County Commissioners on
March 20,
2006 and April 3, 2006. (Approved)
c.
Consideration
of appointment of John Nolander to the Information Services Advisory
Board to fill an unexpired term (term expires 2/1/2007).
(Approved)
d.
Consideration of appointment of Terra Brown to the Information Services
Advisory Board to fill an unexpired term (term expires 2/1/09).
(Approved)
e.
Consideration of approval of a bid award to J.F.
Wilkerson Contracting Corporation in the amount of $393,247.60 for the
Fire Station 7 sewer line project. (Approved)
f.
Consideration of adoption of certificates of sufficiency and
resolutions calling for public hearings to be conducted on May 25, 2006 for the following citizen-initiated annexations:
(1)
Annexation Petition 06-A-10: The property is located 950 feet north of
the intersection of Interstate 40 Exit 290 ramp and Chapel Hill Road and
contains 48.87 acres. The associated subdivision plan is 05-SB-025 (Brandywine). (Approved)
(2)
Annexation Petition 06-A-11: The property is located at 0 and 2328 Davis
Drive and 1650 High House Road (intersection of Davis and High House)
and contains 25.13 acres. The associated rezoning is 05-REZ-40 (Sears
Farm), and the associated subdivision plan is 06-SB-006 (Sears Farm). (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.
Comprehensive Plan Amendment 05-LPA-23, Cameron Pond Estates
Consideration of adoption of an ordinance to amend the comprehensive
plan. The property is located south
of the existing Cameron Pond Planned Development District and north of
Twyla Road and contains 24.85 acres. The current comprehensive plan
designation is Medium Density Residential; the proposed comprehensive
plan designation is Low Density Residential. Staff and the Planning and
Zoning Board recommend unanimous approval. (Approved)
b.
Rezoning Petition 05-REZ-39, Cameron Pond Estates
Consideration of adoption of an ordinance to rezone land. The property
is located south
of the existing Cameron Pond Planned Development District and north of
Twyla Road and contains 24.85 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.
In
accordance with N.C.G.S. 160A-383, and based upon the recommendations
and detailed information developed by staff and/or the Planning & Zoning
Board contained in the case report, approval of this case by the Cary
Town Council will officially adopt the individual rezoning report as
evidence that consistency with the Comprehensive Plan has been
thoroughly evaluated and that this is a reasonable action to further the
community’s public interest in carrying out the Comprehensive Plan. (Approved)
3.
Planning and Development Committee, March 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) (Mr. Roseland)
a.
Tree of Life Lutheran Church – Request for Sidewalk Waiver
(EN06‑118)
Committee unanimously
recommended waiving the requirement to install sidewalk as part of site
re‑development. (Approved)
b.
Davis Drive Development Plans
–Thoroughfare Improvements Waiver
(EN06‑119)
Committee unanimously recommended waiving the
requirement to improve
Davis Drive
to current Comprehensive Transportation Plan requirements in light of
the recent widening done by the Town. (Approved)
c.
Horton Tract Payment-in-Lieu
Request
(EN06-122)
Committee unanimously recommended accepting a
payment in lieu of constructing a portion of Green Level to
Durham Road. (Approved)
d.
Crossroads Ford
Activity Center Concept Plan
(PL06-036)
Committee unanimously recommended approval of a request to interpret an
activity center concept plan provision to allow the sale of pre-owned
vehicles outdoors. (Approved)
e.
Community Appearance Manual – Architectural Design (PL06-025)
Committee unanimously recommended continuing the architectural design
guidelines and requested additional information related to the
guidelines. (Approved)
f.
Holly Brook
subdivision – Request to Connect to Town Sewer
(PL06-037)
Committee unanimously recommended that new development in Holly Brook be
required to be annexed, connected to Town water and sewer and be
developed in accordance with Town standards. (Approved)
4.
Operations Committee, April 5, 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) (Mrs. Robinson)
a.
Morrisville Parkway Water Line
Project
(EN06-098)
Committee unanimously recommended that a $47,150 payment-in lieu be
recognized and placed into the Morrisville Parkway Water Line Project
(WT1124) and that oversize funding of $16,386 be transferred from
Project 1119 to WT1124. (Approved)
b.
Davis Drive
Traffic Signal Easement: Condemnation Resolution
(EN06-112)
Committee unanimously
recommended approval of the Resolution Authorizing Condemnation for the
Davis Drive Traffic Signal Easement. (Approved)
c.
Crabtree Crossing
Parkway Extension – Morrisville
(EN06-113)
Committee unanimously recommended evaluating
impacts associated with extending
Crabtree
Crossing Parkway to Morrisville Carpenter Road after the project is
completed. (Approved)
d.
Phase IV of Stormwater Infrastructure Inventory (EN06-114)
Committee unanimously recommended awarding a contract to Withers &
Ravenel for $715,000 for the Phase IV Stormwater Infrastructure
Inventory. (Approved)
e.
Policy Statement 35: Storm Drainage Improvement Requests
(EN06-115)
Committee unanimously recommended approval of proposed changes to Policy
Statement 35. (Approved)
f.
Contract Award – Engineering
Services for the Western Wake Regional Water Reclamation Facility
Effluent Pump Station and Outfall Pipeline
(EN06-117)
Committee
unanimously recommended that an engineering services contract be awarded
to Hazen and Sawyer for $1,358,400 for design-phase services with an
option for staff to authorize the construction phase services at a later
date with a value of up to $848,120 as a contract amendment, with a
total authorized award amount of up to $2,206,520. (Approved)
g.
Bid Award – 2006 Sidewalk Improvements (EN06-123)
Committee unanimously recommended bid award to low bidder White Oak
Construction Corp. of NC for $742,037 for the 2006 Sidewalk Improvements
Project. (Approved)
h.
Bid Award –
East Park Street
and Washington Street Culvert Replacements
(EN06‑124)
Committee unanimously recommended that low
bidder Narron Construction Inc. be awarded the
East Park
Street and Washington Street Culvert Replacements contract for $498,315. (Approved)
i.
Terrington Wastewater Pump Station Project: Contract Award for
Engineering Services (EN06-125)
Committee unanimously recommended awarding The Wooten Company an
engineering services contract for the Terrington Wastewater Pump Station
Project. (Approved)
j.
NOTE: The following
issue has been resolved, and no council action is required:
Consideration of Adoption of Condemnation Resolutions for
West Park Street Sidewalk
Easement
(EN06-126)
Committee unanimously
recommended approval of the Resolution Authorizing Condemnation for an
easement for the West Park Street Sidewalk Project.
k.
Tryon Road Widening Project Phase II Condemnation Resolution
(EN06‑128)
Committee unanimously
recommended approval of Resolutions Authorizing condemnation for the
Tryon Road Widening Project Phase II. (Approved)
l.
Tryon Road Project-Phase II: Condemnation Resolution for Progress
Energy (EN06-129)
Committee unanimously
recommended approval of the Resolution Authorizing Condemnation to
secure an easement for Progress Energy for the Tryon Road Widening
Project Phase II. (Approved)
m.
NOTE: The following
issue has been resolved, and no council action is required:
Fire Station 7 Sewer Main Project: Condemnation Resolutions
(EN06-130)
Committee unanimously
recommended approval of Resolutions Authorizing Condemnation to secure
utility and pipeline easements for the Fire Station 7 Sewer Main
Project.
n.
West Cary
Pump Station and Force Main Project: Condemnation Resolutions
(EN06-131)
Committee unanimously
recommended approval of Resolutions Authorizing Condemnation for utility
easements for the West Cary Pump Station and Force Main Project. (Approved)
o.
Bid Award: 2006 Inflow/Infiltration Elimination and Manhole Repair
Project (EN06-132)
Committee unanimously
recommended rejecting the non-responsive bid from Advanced Underground
Inspection and awarding the 2006 Inflow/Infiltration Elimination and
Manhole Repair Project contract to Pro-Rehab Construction for $64,869. (Approved)
p.
All Hazards Incident Response System (FD06-003)
Committee unanimously recommended adopting a
Resolution Endorsing
National Incident Management System (NIMS). (Approved)
q.
Morrisville Fuel Purchases
(FN06-007)
Committee unanimously recommended approval of
an interlocal agreement with the Town of
Morrisville
to allow Morrisville to purchase fuel from Cary’s fuel pumps. (Approved)
r.
Recognition of Grant Award
(PD06-014)
Committee unanimously
recommended recognizing $2,000 in grant fund revenue from Wal-Mart
Corporation into the General Fund and appropriation to the Police
Department’s small equipment account for an LCD projector and related
materials. (Approved)
s.
Acceleration of the Purchase of Solid Waste Collection Vehicles
(PWUT06‑020)
Committee unanimously recommended
acceleration of the automated garbage and commingled recycling
collection programs and an appropriation of $2,236,000 from General Fund
fund balance to purchase six automated garbage trucks and ten commingled
recycling trucks. (Approved)
t.
Solid Waste Collection Day Changes (PWUT06-021)
Committee recommended
that information about the solid waste collection day changes be entered
into the Town Council record. (Approved)
u.
New Charter and
Associated
Town Code Amendments
(TC06-009)
Committee unanimously
recommended adoption of an ordinance adopting the Town Charter in its
codified form and adoption of an ordinance amendment to the Town Code to
bring it fully in compliance with the new Charter. (Approved)
v.
Cary Glen
Boulevard Installation of a Double Yellow Line
(EN06-096)
Committee unanimously recommended that this item be tabled until the
June Operations Committee meeting. (Approved
the committee recommendation to table)
C.
RECOGNITIONS, REPORTS, AND PRESENTATIONS
N/A
D.
PUBLIC HEARINGS
1.
Variance Request, Case 06-Var/Mod-02: Stonebridge Single Family
NOTE: ALL
SPEAKERS MUST BE ADMINISTERED AN OATH PRIOR TO SPEAKING.
Public hearing and consideration of the applicant’s
request for a variance to allow impervious surface to impact the
riparian buffer at the Stonebridge single family development, which is
located at the intersection of Ten Ten Road and Kildaire Farm Road.
Council may take action. (Approved)
2.
Rezoning Petition 06-REZ-06, Roberts Farm Property
The property is located on
Roberts Road, northeast of Cabin Cove Road,
and contains 27.19 acres. The current zoning is Residential-40 (Wake
County); the proposed zoning is Residential-40 with a conservation
overlay district. Council may refer this item to the
May 15, 2006 Planning and
Zoning Board meeting.
(Referred to 5/15/06 P&Z meeting)
3.
Rezoning Petition 06-REZ-07, RDU Associates Property
The property is located at
4960 Nelson Road and contains 2.02 acres. The current zoning is General Commercial;
the proposed zoning is Office, Research and Development Conditional Use.
Council may refer this item to the
June 19, 2006 Planning and
Zoning Board meeting.
(Referred to 6/19/06 P&Z meeting)
4.
Comprehensive Plan Amendment 06-CPA-04,
Phillips Place
The property is located at
6701 Good Hope Church Road and adjacent properties and contains
approximately 77 acres. The current comprehensive plan designation is
Office and Medium Density Residential; the proposed comprehensive plan
designation is Medium Density Residential. Council may refer this
item to the
June 19, 2006
Planning and Zoning Board meeting.
(Referred to 6/19/06 P&Z meeting)
5.
Rezoning Petition 06-REZ-08, Phillips Place Planned Development District
The property is located at
6701 Good Hope Church Road and adjacent properties and contains
approximately 77 acres. The current zoning is Residential-40 and Office,
Research and Development; the proposed zoning is Planned Development
District (single family homes and townhomes). Council may refer this
item to the
August 21, 2006
Planning and Zoning Board meeting.
(Referred to 8/21/06 P&Z meeting)
6.
Rezoning Petition 06-REZ-09, Crossroads Activity Center Overlay District
Amendment
The property is located at
the intersection of Piney Plains Road
and Stephens Road and contains approximately 16 acres. This is a
Town-initiated zoning to amend
the Crossroads Activity Center Overlay District (ACOD) Boundary.
Council may refer this item to the
June 19, 2006 Planning and
Zoning Board meeting.
(Referred to 6/19/06 P&Z meeting)
7.
Activity Center Concept
Plan 06-AC-01, Piney Plains
The property is located at
the intersection of Piney Plains Road
and Stephens Road and contains approximately 30.30 acres. The current
zoning is Office and Institutional and Residential-40; the request is to
establish an activity center concept plan. Council may refer this
item to the
June 19, 2006 Planning and Zoning Board meeting.
(Referred to 6/19/06 P&Z meeting)
8.
Right-of-Way Closing
Consideration of a request to close a portion of
right-of-way for Regency Parkway. Council may take action.
(Approved)
9.
Community Development Block Grant Annual Action Plan
Consideration of approval of the Fiscal Year 2006-2007
Community Development Block Grant Annual One-Year Action Plan. On April
5, 2006, the Operations Committee recommended a change in the draft
Action Plan to increase CDBG funding to Habitat for Humanity from
$100,000 to $135,000 and to reduce CDBG funding for streetscape
improvements from $100,000 to $65,000. Council may take action.
(Approved, including the committee recommendation)
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.
Land
Development Ordinance (LDO) Amendment, Round 7
Consideration of adoption of
an ordinance to amend the LDO, which includes changes to the following
LDO sections: Appeals of Decisions by an Administrative Official (Table
2.1-1); Approval Criteria for Text Amendments and Rezonings (Section
3.3.3); Planning and Zoning Board Recommendation on Rezonings (Section
3.4.1); Rezoning Protest Petitions (Section 3.4.1[F]); Rezonings to
Conditional Use Districts (Section 3.4.2); Conditions Associated with
Conditional Use Rezonings (Section 3.4.2[C]); Approval Criteria for
Development Plans (Section 3.9.2[I]); Presale Contracts Prior to
Recording Subdivision Plats (Section 3.9.3[H]); Minor Modifications
Allowed (Table 3.19-1); Conditions on Board of Adjustment Cases (Section
3.20.4); Mixed Use Overlay (Section 4.4.2); Activity
Center
Protest Petitions (Section 4.4.2[G][3][d]); Variances Forwarded to
Environmental Management Commission (Section 4.4.6); Table of
Permitted Uses-General Use Districts (Table 5.1-1); Residential Uses
(Section 5.2.1); Public/Institutional Uses (Section 5.2.2);
Definition/Measurement (Section 6.3.1); Requirements for Perimeter
Buffers and Landscape Areas (Section 7.2.3[J]); Streetscape and
Streetfront Landscaping (Section 7.2.4[I]); Fines and Replacement of
Existing, Original, or Installed Vegetation (Section 7.2.13[C]);
Stormwater Management (Section 7.3); Variances
to Riparian Buffers (Section 7.3.7); Flood Damage Prevention
(Section 7.5); Off-Street Parking Space Requirements (Section 7.8.2);
Standards for Bicycle Facilities (Section 7.10.5); Improvements (Section
8.1.5); Timing of New Street Connections
(Section 8.1.6); Construction Traffic (Section 8.1.6[G]);
Acceptance of Improvements for Town Maintenance (Section 8.1.7);
Alternative Development Option: Cluster Housing (Section 8.3); General
Provisions (Section 9.1); Signs Exempt from Regulation (Section 9.2);
Permitted Signs: Location, Size, Number (Section 9.3); Real Estate Sign
(Section 9.3.2[Q]); Off-Premise Open House Residential Real Estate Signs
(Section 9.3.2[R]); Wall Signs, Non-Residential (Section 9.3.2[X]);
Remedies and Penalties (Section 11.4); Formal Enforcement and Remedies
(Section 11.6.2); Other Key Terms Defined
(Section 12.4). In addition, minor clarifications are requested for the
following LDO sections: Table 1.5-1, 3.1.5, Table 3.1-1,
3.1.9(B)(5), 3.11, 3.23, 4.2.3(D)(3),
4.4.1(A), 4.4.4, 5.2.3(Q), 5.3.4(J), 7.2.3, 7.2.7(B), 7.2.13, 7.3.2,
Table 7.3-2, 7.7.3, 8.4, 9.6.4(C), 10.2.1, 11.1.3 and 11.5.2. Staff
and the Planning and Zoning Board recommend approval. Council may
take action.
(Approved, including the following specific approvals
in response to outstanding items: (1) accepted
the Planning and
Zoning Board recommended that the language in 3.3.3 (C) & (D), 3.4.1
(E)(3)-(6) and 3.9.2 (I)(3)-(6) remain in the LDO;
(2) accepted the definition of
“qualified professional” in section 12.4;
(3) agreed with the
language for Item #30, governmental or
quasi-governmental agency signs exempt from regulation; (4) agreed with
the the Planning and Zoning Board recommendation that a total of three
off-premise open house real estate signs be allowed; (5)
confirmed language
to allow sign flexibility language in mixed use as well as town center
areas; (6) accepted table 7.8.1 and added authority for the planning
director to reduce, modify and delete anything from this table.)
G.
COMMITTEE REPORTS
(discussion
items)
1.
Planning and Development Committee, March 23, 2006 (any item pulled from
the committee consent agenda for discussion [agenda item B.3.] will be
discussed during this portion of the agenda)
(Mr. Roseland)
N/A
2.
Operations Committee Meeting, April 5, 2006
(any
item pulled from the committee consent agenda for discussion [agenda
item B.4.] will be discussed during this portion of the agenda)
(Mrs. Robinson)
a.
Lake Pine
Drive Bike and Parking Lane
(EN06-120)
Committee recommended 2-1 (Jennifer Robinson dissenting) to adjust
the southbound bike lane on
Lake Pine
Drive to allow parking between Creighton and Angus Courts.
(Approved staff recommendation to
install
the revised bike lane markings along Lake Pine Drive from Maynard Road
to Two Creeks Drive)
b.
North Carolina
Legislative Agenda
(AD06-007)
Committee recommended that staff provide more information on the results
of previous efforts in the NC General Assembly and that this item be
discussed at the April 27, 2006 council meeting.
(Approved staff recommendation to retain Jack Cozort;
appointed subcommittee comprised of Mayor McAlister, Mayor Pro Tem Smith
and Council Member Dorrel to develop the Town's legislative agenda,
which will be considered by the full council in a work session to meet
the 5/8/06 submittal deadline)
c. Water
Pressure Zones
(EN06-133)
Committee recommended that this item be discussed by the council at its
April 27, 2006 meeting. Jennifer Robinson stated that she
preferred that the Town resolve all of the low pressure complaints.
Nels Roseland expressed concern about next steps after the study was
done. Marla Dorrel said that since no additional knowledge about the
Town’s water system would be gained by the study that the Town should
not do this work on private property.
(Approved
staff
recommendation to provide funding of $100,000 from Water Dev. Fund
Balance – Utility Capital Reserve to WT1079 to provide a consultant to
assist Town Staff in mapping and analyzing individual plumbing and
irrigation systems in areas where Town water main pressures are below
50psi if Council decides to provide analysis of individual plumbing
issues on private property)
d.
FY2007 Community Development Block Grant (CDBG) Annual Action Plan
(PL06‑039)
Committee requested a change in the draft
Action Plan to increase CDBG funding to Habitat for Humanity from
$100,000 to $135,000 and to reduce CDBG funding for streetscape
improvements from $100,000 to $65,000. Committee recommended that this
item be discussed by the full council after the public hearing on
April 27, 2006.
NOTE: Action will be taken in conjunction with this
public hearing, which is item D.9. on this agenda. No action will be
required during the committee discussion portion of this agenda.
(Refer to item D.9. for action to approve)
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.
Presentation of the proposed Fiscal Year 2007 Capital and Operating
Budget documents. The manager will officially present the proposed
budget documents; no council action is required. A public hearing will
be conducted on
May 11, 2006 and May 25,
2006.
(Presented)
2.
Consideration of a
Proposal for a Watershed Study Associated with the Gallup Property
Annexation. Council may take action.
(Approved)
I.
CLOSED SESSION (called)
J.
ADJOURNMENT (11 p.m.)
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