Cary

DRAFT (contact Town Clerk for official minutes; 919-469-4011; sue.rowland@townofcary.org. All images and graphics have been removed from this draft document.)

Cary Town Council Meeting Minutes

Thursday, May 11, 2006

6:30 p.m.

Council Chambers

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

Web Site: www.townofcary.org

NOTE: These minutes are divided into sections due to the length of the document. Click on the appropriate link to see the full text minutes of each section.

A. COMMENCEMENT

1. Call to Order (Provided)

2. Ceremonial Opening (Provided )

3. Adoption of agenda (Approved with the following amendment: pulled item 2.b. Rezoning Petition 06-REZ-04, Laurel Park Planned Development District Amendment and rescheduled to the 5/25/06 council meeting at applicant’s request. )

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 April 27, 2006; the minutes of the town council work session on the capital and operating budget held on April 25, 2006; and the minutes of the tour of western Cary held on May 2, 2006. (Approved)

b. Consideration of a correction to a condemnation resolution for White Oak interceptor and pump station elimination. (Approved)

c. Consideration of a Memorandum of Agreement (MOA) Between the Town and the North Carolina Ecosystem Enhancement Program. (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 Petition 05-REZ-40, Sears Farm Planned Development Amendment
Consideration of an ordinance to rezone land. The property is located in the southeast corner of Davis Drive and High House Road , and contains 75.28 acres. The current zoning is Planned Development District; the request is to amend the existing conditions associated with the Sears Farm Planned Development. Staff and the Planning and Zoning Board recommended unanimous approval. (Approved)

b. Rezoning Petition 06-REZ-04, Laurel Park Planned Development District Amendment
Consideration of an ordinance to rezone land. The property is located at 2450 Laura Duncan Road , and contains approximately 38 acres. The current zoning is Planned Development District; the request is to amend the range of permitted uses by adding schools as an alternate use. Staff and the Planning and Zoning Board recommended unanimous approval. (Rescheduled to the May 25, 2006 Council meeting at applicant's request)

3. Planning and Development Committee, April 27 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. Thomas Brooks Park Phase II – Thoroughfare Improvements Waiver (EN06-139)
Committee unanimously recommended approval of road widening requirements associated with Phase II construction of Thomas Brooks Park. (Approved)

b. Mimi’s Café –Thoroughfare Improvements Waiver (EN06-136)
Committee tabled this item until the May 25 Planning and Development Committee meeting to allow the applicant and staff to work together to develop an alternative solution. No council action is required. (Approved the committee's recommendation to table)

4. Operations Committee, May 3, 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. Reclassifying Funding Sources in Certain Western Wake Regional Wastewater Management Facility (WWRWMF) Sewer Projects (AD06-008)
Committee unanimously recommended reclassifying funding sources in WWRWMF sewer projects in accordance with the recent Town of Cary and Town of Morrisville utility merger. (Approved)

b. Traffic Impact Study On-Call Services – Selection Of Consultants (EN06-134)
Committee unanimously recommended approval of four on-call consultants for traffic impact study services. (Approved)

c. Train Platform Construction at CSX S-Line: Additional Funds (EN06-135)
Committee unanimously recommended appropriating an additional $3,327 for construction of the train platform on the CSX S-Line at the Cary Depot. (Approved)

d. Interlocal Agreement with Wake County (EN06-140)
Committee unanimously recommended approval of an interlocal agreement for sewer infrastructure in RTP South. (Approved)

e. Workers’ Compensation Self Insurance Funding Request (HR06-08)
Committee unanimously recommended a $350,000 appropriation to the Town’s workers’ compensation claims self insurance fund. (Approved)

f. Position Classification and Pay Study (HR06-09)
Committee unanimously recommended approval of the Position Classification and Pay Study effective July 1, 2006 with funds to be appropriated in the FY2007 budget. (Approved)

g. FY2005/2006 Bicycle Facilities Improvement Project (PL06-041)
Committee unanimously recommended transferring $20,000 from the Planning Department’s contracted services account to the Bicycle Facilities Improvement Project. (Approved)

h. Budget Adjustment: Natural Resources Conservation Service (USDA), Green Level Stream Restoration and Greenway Planning Funds (PR06-21)
Committee unanimously recommended recognition of $280,020 in revenue from the USDA and a corresponding expenditure in a new capital project for the Green Level Stream Restoration and Greenway Plan project. (Approved)

i. Kassel Smit Memorial Donation (PR06-22)
Committee unanimously recommended recognizing $1,525 in donations for appropriation and expenditure in the Parks, Recreation and Cultural Resources Administrative small equipment account for purchase of a memorial plaque and drinking fountain to be installed at the Black Creek Greenway. (Approved)

j. Amendment No. 5 to CH2M Hill’s Agreement For Utility Merger Services (PWUT06-22)
Committee unanimously recommended approval of Amendment No. 5 to the professional services agreement with CH2M Hill for $38,900 of additional work needed for the hydraulic model used to examine future water pressure issues associated with the Morrisville water distribution system and for the provision of assistance in the transferring of certain private water and sewer lines and easements to the Town of Cary for ownership, operation and maintenance. (Approved)

k. Bid Award – South Cary Water Reclamation Facility Headworks Odor Control Facilities (PWUT06-23)
Committee unanimously recommended award to low bidder Seaside Environmental Constructors, Incorporated for $654,000 and an additional appropriation of $350,808 to the Revenue Bond and construction accounts within Project SW1112. (Approved)

l. Amending the Agreement for Design, Construction, Ownership, Management and Operation of Western Wake Regional Wastewater Management Facilities (PWUT06-24)
Committee unanimously recommended approval of Amendment No. 1 to the Agreement for Design, Construction, Ownership, Management and Operation of Western Wake Regional Wastewater Management Facilities. (Approved)

m. Sale of Rain Barrels (PWUT06-25)
Committee unanimously recommended an appropriation of $4,577 to the Water Conservation Division for the purchase of rain barrels with recognition of off-setting revenues to the miscellaneous revenue account. (Approved)

n. Water Supply and Drought Status (PWUT06-27)
Committee unanimously recommended that staff continue to work closely with state and federal agencies as they monitor and manage Jordan Lake and regional drought conditions, advising council as conditions change. (Approved)

o. Semi-Annual C-Tran Status Report and Service Enhancement Recommendation (PL06-040)
Committee unanimously recommended adding an additional bus on the Maynard Loop Route to operate in a counter-clockwise with an increase in the FY2007 budget for C-Tran operations of $176,863 and related revenues and transfers. (Approved)

C. RECOGNITIONS, REPORTS, AND PRESENTATIONS

1. Presentation of a proclamation to Russian entrepreneurs (Presented)

D. PUBLIC HEARINGS

1. Budget Public Hearing
Public hearing on the proposed Fiscal Year 2007 Budget. Council may hear from the public. No council action is required at this meeting. (No action required)

2. Rezoning Petition 06-REZ-10, Carpenter Hatcher Planned Development District Amendment
The property is located at 2900 Carpenter Upchurch Road , and contains 1.18 acres. The current zoning is Residential 40; the request is to add the property to the existing planned development district. Council may refer this item to the July 17, 2006 Planning and Zoning Board meeting. (Referred to 7/17/06 P&Z meeting)

3. Rezoning Petition 06-REZ-11, Cary Creek Property
The property is located at Alston Avenue near the intersection with N.C. Highway 55, and contains approximately 92.11 acres. The current zoning is General Commercial Conditional Use, Office, Research, and Development Conditional Use, Residential Multi-Family Conditional Use, and Alston Regional Activity Center Overlay District; the proposed zoning is to amend existing zoning conditions. 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-05, Wellington Park
The property is located at the southeast quadrant of Tryon Road at SE Cary Parkway , and contains approximately 12.92 acres. The current comprehensive plan designation is Commercial; the proposed comprehensive plan designation is Medium Density Residential. Council may refer this item to the July 17, 2006 Planning and Zoning Board meeting. (Referred to 7/17/06 P&Z 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. Rezoning Petition 05-REZ-41, Herndon Property
Consideration of an ordinance to rezone land. The property is located at 6828 Turner Creek Road , and contains approximately 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. Staff and Planning and Zoning Board recommended unanimous approval. Six affirmative votes are required for approval due to a valid protest petition. (Approved)

G. COMMITTEE REPORTS (discussion items)

1. Planning and Development Committee, April 27, 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)

a. High House Urgent Care –Thoroughfare Improvements Waiver (EN06 137)
Committee requested additional information about requirements for surrounding developed parcels and recommended that this item be discussed by the full Council. (Approved the staff’s recommended update to grant the High House Urgent Care developers a waiver from costs associated with the center landscaped median in Green Level West Road as required by the Town’s Comprehensive Transportation Plan)

2. Operations Committee, May 3, 2006 (any item pulled from the committee consent agenda for discussion [agenda item B.3.] will be discussed during this portion of the agenda) (Mrs. Robinson)

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)

N/A

I. CLOSED SESSION (Not called)

J. ADJOURNMENT (7:35 p.m.)

Council meetings are broadcast live on Cary TV 11 the night of the meeting and are rebroadcast the Friday following the meeting at 7:30 a.m., the Saturday following the meeting at 7:30 p.m., and the Sunday following the meeting at 3 p.m.