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Cary Town Council Meeting Minutes Thursday, May 25, 2006 6:30 PM Council Chambers 316 N. Academy Street, Cary, N.C.
Present: Mayor Ernie McAlister, Mayor Pro Tem Jack Smith, Council Members Marla Dorrel, Mike Joyce, Jennifer Robinson and Nels Roseland; Council Member Julie Robison arrived late, and her arrival time is noted in the minutes
A. COMMENCEMENT
1. Call to Order (Mayor McAlister)
Mayor McAlister called the meeting to order at 6:30 p.m.
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2. Ceremonial Opening (Mayor Pro Tem Jack Smith)
Mayor Pro Tem Jack Smith provided the ceremonial opening.
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Mrs. Robison arrived at 6:33 p.m.
3. Adoption of agenda (Town Council)
ACTION: Mrs. Robison moved to adopt the agenda as prepared. Mr. Roseland provided the second, and council granted unanimous approval.
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B. CONSENT AGENDA
1. Consideration of approval of the minutes of the regular town council meeting held on May 11, 2006; the minutes of the town council work session on the legislative agenda held on May 8, 2006; and the minutes of the town council work session on the budget held on May 9, 2006. (Town Council)
ACTION: Mayor Pro Tem Smith moved to adopt the consent agenda; Mrs. Robinson provided the second; council granted unanimous approval.
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2. Consideration of adoption of the tax report that was approved by the Wake County Commissioners on May 3, 2006. (Mr. Bill Coleman)
The Wake County Board of Commissioners, in regular session on May 3, 2006 approved and accepted the enclosed tax report for the Town of Cary.
It is hereby submitted for your approval.
ACTION: Mayor Pro Tem Smith moved to adopt the consent agenda; Mrs. Robinson provided the second; council granted unanimous approval.
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3. Consideration of Street improvements Bid Award to Asphalts Experts, Inc. in the amount of $249,335.00. (Mr. Tim Bailey)
STAFF REPORT Town Council, May 25, 2006
From: Tim Bailey,
P.E., Director of Engineering
In March 2006, Town Council approved a priority list of streets, recommended by staff, to be upgraded as part of the 2006 Street Improvements Project. After a more thorough investigation, Ralph Drive was removed from the 2006 Street Improvements and has been requested as a separate project in the upcoming budget. The bid package for the 2006 Street Improvements Project includes the remaining 14 street segments, 1.59 miles total, that are on the approved priority list.
Staff received bids for construction of the 2006 Street Improvements Project on May 18, 2006. Construction is anticipated to begin in July and be completed in September. The Engineer’s estimated cost for the 2006 Street Improvements project was $310,000. The tabulation of bids received is as follows:
Fiscal Impact: This project provides for resurfacing of specific existing roadways within the Town of Cary. Since these are existing streets, there are no operating impacts associated with this work. The FY 2006 Capital Improvements Budget included a $500,000 appropriation to the ST1140 Street Improvement FY06 project. The 2005 Pavement Condition Survey preparation, which is complete, utilized $34,300 of the $50,000 budgeted, leaving a contracted services available balance of $15,700. To date, the entire $450,000 appropriation for construction remains available for use. Total available funds within ST1140 (construction and contracted services) equal $465,700.
Staff Recommendation: Staff recommends awarding the construction contract for the 2006 Street Improvements project to Asphalt Experts, Inc. at the contract price of $249,335. Because of the competitive bid prices, staff recommends adding streets based on the Pavement Condition Rating as funds are available. 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.
ACTION: Mayor Pro Tem Smith moved to adopt the consent agenda; Mrs. Robinson provided the second; council granted unanimous approval.
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4. Consideration of funding the placement of American flags on street light poles in the Regency Parkway/Ederlee Road area in time for the annual 4th of July celebration at the Koka Booth Amphitheatre. (Mr. Mike Bajorek)
STAFF REPORT Town Council, May
25, 2006 American Flags on
Street Light poles in the Regency Parkway/Ederlee Road Area (PWUT06-30) From: Robert K.
(Kim) Fisher, P.E., Director of Public Works and Utilities
Staff has received a request for the Town to install American flags on light poles in the vicinity of the Koka Booth Amphitheater in time for this year’s 4th of July celebration. In the early 1990’s, private citizens received permission to install American flags on street lights of Regency Parkway in the weeks preceding the annual 4th of July celebration. In 2003, Council approved the placement of banners in this area to acknowledge Cary being selected by Money Magazine as one of the “most livable communities” in the nation. Since that time, no flags or banners have been flown in this area.
The request is to install flags on 81 street light poles in the Regency Parkway/Ederlee Drive area. Flags would be installed annually prior to Memorial Day (slightly later this year) and removed after the 4th of July celebration.
Fiscal Impact: The cost to purchase, install and take down 81 flags is $8,200. Should the program continue, the annual cost is estimated at $3,500.
Staff Recommendation: Staff recommends the Town of Cary appropriate $8,200 from General Fund fund balance to the Public Works Facilities Management supplies and contracted services budget for the purchase, installation and removal of American flags from 81 street light poles in the Regency Parkway/Ederlee Drive area.
ACTION: Mayor Pro Tem Smith moved to adopt the consent agenda; Mrs. Robinson provided the second; council granted unanimous approval.
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5. Consideration of adoption of certificates of sufficiency and resolutions calling for public hearings on the following citizen-initiated annexations. (Mr. Ricky Barker) (view all reports)
a. 06-A-13: The property is located at 1056 Ferson Road and contains five acres. The associated zoning case is 06-REZ-02 (Weldon Ridge Planned Development amendment).
ACTION: Mayor Pro Tem Smith moved to adopt the consent agenda; Mrs. Robinson provided the second; council granted unanimous approval.
(Documents are also filed in the resolution book in the town clerk’s office.)
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b. 06-A-16: The property is located 3,000 feet northeast of Green Level Church Road and Roberts Road and contains 23.94 acres. The associated zoning case is 06-REZ-14 (Stewart Property).
ACTION: Mayor Pro Tem Smith moved to adopt the consent agenda; Mrs. Robinson provided the second; council granted unanimous approval.
(Documents are also filed in the resolution book in the town clerk’s office.)
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c. 06-A-18: The property is located at 8825 Green Level Church Road at contains 4.5 acres. The associated development plan is 06-SB-008 (Mills Farm Phase 1).
ACTION: Mayor Pro Tem Smith moved to adopt the consent agenda; Mrs. Robinson provided the second; council granted unanimous approval.
(Documents are also filed in the resolution book in the town clerk’s office.)
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d. 06-A-19: The property is located 200 feet east of Green Hope School Road and Green Level Church Road and contains 75.5 acres. The associated development plan is 06-SB-006 (Thompson Tract).
ACTION: Mayor Pro Tem Smith moved to adopt the consent agenda; Mrs. Robinson provided the second; council granted unanimous approval.
(Documents are file in the resolution book in the town clerk’s office.)
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e. 06-A-20: The property is located at the dead end of Wakena Road, south of existing Cameron Pond Planned Development, and contains 30.97 acres. There is no associated rezoning or development plan.
ACTION: Mayor Pro Tem Smith moved to adopt the consent agenda; Mrs. Robinson provided the second; council granted unanimous approval.
(Documents are filed in the resolution book in the town clerk’s office.)
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f. 06-A-21: The property is located 140 feet east of High House Road and NW Maynard Road and contains 2.49 acres. The associated development plan is 06-SP-044 (Blizzard Property).
ACTION: Mayor Pro Tem Smith moved to adopt the consent agenda; Mrs. Robinson provided the second; council granted unanimous approval.
(Documents are filed in the resolution book in the town clerk’s office.)
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g. 06-A-25: The property is located at 3608 Ten Ten Road and contains 7.56 acres. The associated rezoning case is 06-REZ-16 (Schawel Property).
ACTION: Mayor Pro Tem Smith moved to adopt the consent agenda; Mrs. Robinson provided the second; council granted unanimous approval.
(Documents are also filed in the resolution book in the town clerk’s office.)
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C. PUBLIC HEARINGS
1. Budget Public Hearing
Mr. Ken Kirby of the Homebuilders Association of Wake County proposed that council give them time to get some industry people together to review the grading fee issue instead of council imposing a flat fee.
Mr. Matt Schedler, on behalf of Cary Players, encouraged the council to continue the funding to remodel the old Cary Elementary School into a performing arts facility.
Ms. Lynn Templeton, Director of the Center for Volunteer Caregiving, stated she is working hard to diversify their funding streams, but they’ve not actually received this money yet. She stated a 30% cut is a big cut for this organization. They work as closely as possible with C-Tran. She encouraged the council to work with them through this transition to maintain their current level of funding, and she pledged to continue to seek additional funding from other municipalities and private organizations.
Mr. Tim Carr, member of the Board of Directors for the Carying Place, stated they teach independent living skills and provide short term housing. They support six families at one time and a total of 18 over the course of the year. He stated the proposed reduction in Town funds will reduce their capacity to serve the community by approximately 14%.
Mr. Brent Miller spoke in favor of reinstating the elementary school resource officers (SROs) and maintaining the $10,000 in funding for the Cary EMS in the FY 2007 budget. He stated he serves on the Cary EMS board of directors, and many people are not aware that this organization is not part of the Town government. He stated Cary EMS is nationally accredited, and has a budget in excess of $1 million, of which the Town only funds $10,000, which is about one dime per citizen served. He urged council to restore the full $10,000 in funding to this organization. He stated the FY 2007 budget proposes to cut the allocation by about 35%. He also urged council to budget $330,000 to restore the previous level of service for elementary SROs.
Mr. Mark Anderson, on behalf of Cary Players, encouraged the council to continue to press forward to the renovations to the old Cary Elementary School.
No one else came forward to speak, and Mayor McAlister closed the public hearing.
Mrs. Robinson stated the developer focus group meets Thursday, June 1, and this may be a good time for council to discuss the grading permit fee issue with them. Staff will advise council of the time of this meeting.
Ms. Dorrel stated council voted on the grading permit issue at the last budget meeting. She stated the council may choose to readdress it. She stated late today she sent an e-mail message suggesting either a work session or a council subcommittee to address non-profit funding.
Mrs. Robison stated she’s interested in being on the committee.
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2. Rezoning Petition 06-REZ-12,
Village At The Park Activity Center Overlay District Amendment
1. Background Information
Existing Zoning: Residential 40 (R-40)
Requested Zoning: Activity Center Overlay District (ACOD)
Acreage: Approximately 268.01
Location: Intersection of Alston Avenue and Kit Creek Parkway
Applicant: Town of Cary
Town of Cary Case Manager: Philip E. Smith, Long Range Planning Manager 316 N. Academy Street, Cary, NC 27513 (919) 469-4029
philip.smith@townofcary.org 2. Summary of Requested Rezoning
A. Traffic Impact Analysis: A Traffic Impact Study for Village at the Park has been prepared by Town traffic consultant, Wilbur Smith Associates, dated January 2002. If the additional area has a density greater than 2.1 units per acre, the traffic impact study will need to be updated.
B. Parks & Greenways: Issues related to parks & greenways for this proposed rezoning include the following:
The PRCR Advisory Board will review this project at its June 5, 2006 meeting.
3. Reference Information
Meeting Schedule: Town Council Public Hearing Date: May 25, 2006 Recommendation: Staff recommends forwarding to the June 19, 2006 Planning and Zoning Board meeting. Planning & Zoning Board Date: June 19, 2006 Town Council Action Date: July 27, 2006
Applicant’s Justification Statement Submitted (March 27, 2006)
1. Any issues with the size of the tract? This site originally had two land uses during the Northwest Area Plan process; however the size of the site makes it difficult to adequately provide both office and very low density residential. In this size and location, particularly when residential is involved, only on use is best.
2. How is the request compatible with the Comprehensive Plan (i.e. Land Use, Transportation, Open Space, and Historic Resources)? The Comprehensive Plan includes a neighborhood activity center at this location and the uses proposed are within the guidelines established for activity centers.
3. What are the benefits and detriments to the owner, neighbors and the community? As indicated in #1 above, the owner is more able to use his land efficiently. There are, as you would expect, contrasting opinions within the surrounding community. In general, larger landowners believe change is coming because of the influences caused by growth in the Research Triangle Park and NC Highway 55/Alston Avenue area. They see the benefits our request would bring. Single family homeowners on larger lots in Chatham County and in Wake County near the Chatham County line, approximately a half mile from the site think any change to the Northwest Area Plan will lead to other future changes. They don’t want any change, now or then.
4. How are all the allowable uses, with the proposed request compatible with, or how do they relate to, the uses currently present on adjacent tracts? Our site is surrounded by open space and large tracts of land owned by a church. Our proposal does not negatively impact these adjacent tracts. The issue is where should very low density residential (VLDR) begin. We believe property lines and county lines are arbitrary locations to attempt land use transition as in the case in this area of the NW Area Plan. Stream buffers (within 200’ of open space separation) provide a better transition, and in this situation, stream buffers just west of the activity center provide a natural break between very low density residential to the west and other more intense uses to the east located closer to Alston Avenue.
Development Plan Issues The purpose of a rezoning is to evaluate the appropriateness of this land use for these parcels of land. Specific development requirements related to the technical aspects of land development, such as access, stormwater management, road improvements, utility line placement, road connectivity and landscape plantings, are not considered during the rezoning process. However, all of these development issues must be addressed for compliance with existing requirements spelled out in the Land Development Ordinance (LDO) when the site or subdivision plan is submitted.
Staff’s power point presentation is attached to and incorporated in these minutes as Exhibit A. A valid protest petition was filed on this case.
Ms. Louise Reiss stated she and her husband own 40 acres of land adjacent to the western boundary of the activity center concept plan, and she also speaks on behalf of neighboring landowners Poole and Barry. She referred to them as the “lost corner.” They worked with all parties to create the northwest Cary plan. She made the following points: · Locate the higher density between Highway 55 and Alston Avenue and for the density to taper off on the western side of Alston Avenue, moving gradually and naturally west from medium to low density. The property on the west side of the activity center boundary is designated very low density, and they request it remain very low density. Parties have agreed to a 100 foot buffer between their property and the property to the west. They concede that the Riggsbee parcel be low density, but since very low density acreage will be lost in this vicinity, they feel it’s important to preserve the very low density to the west of the activity center. They believe the preservation of green space is important for environmental and quality of life issues. · They are concerned with the proposed extension of Kit Creek Road from Alston Avenue to Wake Road. The area plan indicates that this extension may be necessary in the future, but she doesn’t think this is the appropriate time.
Mr. Charlie Dismuke stated he thinks the proposed plan is well-thought out and is a responsible use of the land. He provided a letter of support for the record, which is attached to and incorporated in these minutes as Exhibit B.
No one else came forward to speak, and Mayor McAlister closed the public hearing
ACTION: Referred to the June 19, 2006 Planning and Zoning Board meeting
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3. Activity Center Concept Plan
06-AC-03, Village At The Park
1. Background Information
Existing Zoning: Residential 40 (R-40)
Requested: Activity Center Concept Plan (ACCP)
Acreage: Approximately 190.49
Location: Intersection of Alston Avenue and Kit Creek Parkway
Applicant: David Rigsbee 2631 Alston Avenue Cary, NC 27519 (919) 544-3973
Applicant’s Contact Person: Andrew Sentgeorge Withers & Ravenel 111 MacKenan Drive Cary, NC 27511 (919) 469-3340 asentgeorge@withersravenel.com
Town of Cary Case Manager: Philip E. Smith, Long Range Planning Manager 316 N. Academy Street, Cary, NC 27513 (919) 469-4029
philip.smith@townofcary.org 2. Summary of Requested Rezoning
A. Transportation
NC 55 Future Roadway Section: 6 lanes with a median, 150’ ROW Schedule: N/A Sidewalk Requirements: both sides
Alston Avenue Existing Roadway Section: 2 lanes, 60’ ROW Future Roadway Section: 4 lanes with a median, 124’ ROW Schedule: N/A Sidewalk Requirements: both sides
Kit Creek Parkway Extension Existing Roadway Section: N/A Future Roadway Section: 6 lanes with a median, 124’ ROW (NC 55 to Alston Ave.) 4 lanes with a median, 100’ ROW (Alston Ave. to Wake Road) Schedule: N/A Sidewalk Requirements: both sides
Wake Road Existing Roadway Section: 2 lanes, 60’ ROW Future Roadway Section: 3 lanes, 70’ ROW Schedule: N/A Sidewalk Requirements: both sides
B. Traffic Impact
Analysis: A Traffic Impact Study for Village at the Park has been
prepared by Town traffic consultant, Wilbur Smith Associates, dated
January 2002. If the additional area has a density greater than 2.1
units per acre, the traffic impact study will need to be updated. · According to the Parks, Recreation and Cultural Resource Facilities Master Plan, there is an existing undeveloped park site (Shaffer) just to the east of tract 6 and south of tract 3. · The Kit Creek Greenway is proposed along the southern edge of the proposed activity center. · Multi-use trails (10’ in width), are proposed both sides of Alston Avenue, from O’Kelley Chapel Road to Kit Creek Road. · Per the approved Open Space and Historical Resources Plan (OSHRP), the Kit Creek corridor (along the southern edge of the site) is designated as priority open space.
3. Reference Information
Meeting Schedule: Town Council Public Hearing Date: May 25, 2006 Planning & Zoning Board Date: June 19, 2006 Town Council Action Date: July 27, 2006
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