Cary Town Council Meeting Minutes

Thursday, June 22, 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 for each heading to see the full text minutes of each section.

A.   COMMENCEMENT

1.    Call to Order (Provided)

2.    Ceremonial Opening (Provided)

3.   Adoption of agenda (Adopted)

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 June 8, 2006; the minutes of the grading fee issue work session held on June 1, 2006; the minutes of the economic development work session held on June 6, 2006 ; and the minutes of the aquatics center work session held on June 7, 2006. (Approved)

b.   Consideration of adoption of certificates of sufficiency and resolutions calling for public hearings to be conducted on March 23, 2006 on the following voluntary annexations. (Mr. Ricky Barker)

(1)     Annexation Petition 06-A-12:  The property is located 910 feet north of Green Level to Durham Road and Alston Avenue and contains 41.30 acres. The associated rezoning is 06-REZ-12 (Village at the Park Activity Overlay) and the associated activity center concept plan is 06-AC-03. (Approved)

(2)     Annexation Petition 06-A-17:  The property is located 1,370 feet east of the intersection of Research Drive and North Harrison Avenue and contains 15.26 acres. The associated subdivision plan is 06-SP-006 (Cary Academy).  (Approved)

(3)     Annexation Petition 06-A-26:  The property is located 840 feet west of the intersection of Old Apex Road and West Chatham Street and contains 3.68 acres. The associated subdivision plan is 06-SP-043 (West Chatham Townhomes).  (Approved)

(4)     Annexation Petition 06-A-27:  The property is located 880 feet south of NC 55 Highway and Alston Avenue and contains 12.36 acres.  The associated subdivision plan is 06-SP-065 (Alston Towne Shopping Center). (Approved)

c.   Consideration of adoption of a resolution providing for the issuance of $47,255,000 variable rate general obligation public improvement bonds, Series 2006. (Approved)

d.   Consideration of approval to release unneeded utility easements. (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)

N/A

3.   Operations Committee, June 7, 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.      Utility Service to the Greystone Planned Development District (PDD) (EN06-146)
Committee unanimously recommended entering into a reimbursement contract for construction of the offsite sewer lines serving the Greystone PDD. (Approved)

b.      Bid Award:  West Cary Pump Station & Force Main Project – Northern Force Main (EN06-148)
Committee unanimously recommended awarding the West Cary Pump Station and Force Main Project – Northern Force Main to Park Construction Corporation for $2,847,293. (Approved)

c.      Code Amendment (PD06-015)
The committee unanimously recommended amending Cary Code of Ordinances Chapter 22, Section 22-51 regarding the display of firearms and other weapons at certain public locations. (Approved)

d.      Budget Adjustment: North Carolina's Recreational Trails Grant (PR06-24)
The committee unanimously recommended adoption of a Budget Ordinance Amendment and corresponding Budget Adjustment Request to recognize $50,000 in revenue in the Capital Projects Fund from North Carolina ’s Recreational Trails Program and the corresponding expenditure in the Capital Improvement Budget for the Batchelor Branch Greenway project PR1032. (Approved)

e.      Extension of Management Contract for the Koka Booth Amphitheatre (PR06-25)
The committee unanimously recommended to exercise the extension provision in the amended SMG contract to extend SMG’s management of the Koka Booth Amphitheatre for two more years, through the 2008 season. (Approved)

f.       License Agreement: Preston and Davis Drive Park Soccer Fields (PR06-26)
The committee unanimously recommended: (1) approval of the Town entering into the Licensing Agreements with CASL for the Preston Fields and the Davis Drive Park Fields; and (2) approval of the addition of $5,000 to the FY 2007 contracted services account for the Public Works Operations division to provide the water line connection and meter. (Approved)

g.      Three-Year Solid Waste Plan Update (PWUT06-28)
The committee unanimously recommended adoption of a resolution to support the three year solid waste plan update. (Approved)

h.      Budget Adjustment for South Cary Water Reclamation Facility (SCWRF) (PWUT06-31)
The committee unanimously recommended approval of a budget transfer in the amount of $185,600 from the NCWRF contracted services account 030-7051-572-.4500 to the SCWRF in the following accounts:  $67,600 in Contracted Services 030-7052-572.4500; $13,000 in C.O. Equipment 030-7052-572.7400 and, $105,000 in Utilities 030-7052-572.1300. (Approved)

i.       Consideration of Speed Limit on the Widened Piney Plains Road – Dillard Drive to Tryon Road (EN06-147)
The committee unanimously recommended adoption of an ordinance amendment to change the speed limit on this portion of Piney Plains Road to 45 mph. (Approved)

j.       Davis Drive Widening Project (U-4026A) Condemnation Resolutions (EN06-149)
The committee unanimously recommended approval and execution of the Resolutions Authorizing Condemnation. (Approved)

k.      Cary Glen Boulevard Installation of No Parking signs and Speed Limit Reduction (EN06-150)
The committee unanimously recommended approval of the following action: (1) adoption of an ordinance amendment for No Parking Anytime signs along both sides of Cary Glen Boulevard from the round-about to McCrimmon Parkway at the north; (2) Allow parking along the west side of Cary Glen Boulevard from Naperville Drive to Frontgate Drive; (3) adoption of an ordinance amendment for No Parking signs on both sides on Cary Glen Boulevard between Yates Store Road and Frontgate Drive; (4) adoption of an ordinance amendment for No Parking signs on both sides on Cary Glen Boulevard from the round-about to Naperville Drive; (5) adoption of an ordinance amendment for No Parking signs to prohibit parking within 25 feet of intersection radius on Waverly Hills Drive at the round-about; (6) adoption of an ordinance amendment to reduce the speed limit on Cary Glen Boulevard from the round-about to Yates Store Road to 30 miles per hour as determined by speed studies; (7) Cary Glen Boulevard as a collector street should be reviewed as part of Cary Comprehensive Transportation update; and (8) Temporary No parking signs to be installed by Town of Cary staff until permanent decorative signs can be installed by the homeowners association as requested. In addition, the committee unanimously recommended to appropriate $5,000 from the general fund fund balance to the public works operations division contracted services budget for the installation of the No Parking signs along Cary Glen Boulevard. (Approved)

l.       Evans Road Widening Project Condemnation Resolution (EN06-151)
The committee unanimously recommended approval and execution of the Resolutions Authorizing Condemnation. (Approved)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

N/A

D.   PUBLIC HEARINGS

1.   Special Use (06-SU-003)
NOTE: All speakers must be administered an oath prior to speaking.
The property is located at 6333 Tryon Road and contains 0.91 acre. The request is for approval to locate an indoor kennel in the home. The current zoning is Residential 40.  Council may take action.  (Approved with the condition that the accessory use would be limited to 500 square feet of the dwelling unit to comply with Section 5.3.4 (C) of the Land Development Ordinance)

2.   Special Use (06-SU-004)
NOTE: All speakers must be administered an oath prior to speaking.
The property is located at 311 E. Chatham Street and contains 0.45 acre. The request is for approval to locate a large home day care on the site.  The current zoning is Town Center- Mixed Use.  Council may take action.  (Approved)

3.   Stewart Property Development (Mr. Ricky Barker)

a.   Annexation 06-A-16
Public hearing for a citizen-initiated annexation. 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). Following the public hearing, the council may table this item (indefinitely) to allow it to run concurrently with the zoning (06-REZ-14).  (Tabled indefinitely to run concurrently with the associated rezoning case, 06-REZ-14)

b.   Rezoning Petition 06-REZ-14
The property is located at Roberts Road (near Turner Creek Road ) and contains approximately 23.94 acres. The current zoning is Residential 40 Wake County and the requested zoning is Residential 40 with the Conservation Overlay District. Council may refer this item to the July 17, 2006 Planning and Zoning Board meeting. (Referred to 7/17/06 Planning and Zoning Board meeting).

4.   Annexations

Public hearings and consideration of adoption of annexation ordinances for the following citizen-initiated annexations that are not associated with rezoning public hearings. (Mr. Ricky Barker)

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). Council may defer action to coincide with the associated rezoning, which is agenda item F.4., 06-REZ-02. NOTE: Action will be taken in conjunction with land development discussion item F.4 on this agenda. No action will be required during the public hearing portion of this agenda. (Refer to item F.4 for action to approve)

b.   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). (Approved)

c.   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). (Approved)

d.   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. (Approved)

e.   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). 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.   Comprehensive Plan Amendment 06-CPA-01, Regency Park
Consideration of adoption of an ordinance to change the comprehensive plan. 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. Staff and the majority of the Planning & Zoning Board recommend approval. Council may take action.  (Approved)

2.   Comprehensive Plan Amendment 06-CPA-02, Fryar Property
Consideration of adoption of an ordinance to change the comprehensive plan. 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. Staff and the majority of the Planning & Zoning Board recommend approval. Council may take action.  (Approved)

3.   Roberts Farm Property Development

a.   Annexation 06-A-03
Hubert E. Roberts Family Farm LLC. The property is located 2,500 feet northwest of Green Level Church Road and Roberts Road and contains 27.19 acres. Public hearing was held on February 23, 2006 and tabled to run concurrently with the associated rezoning. Council may remove this item from the table and take action. (Approved)

b.   Rezoning Petition 06-REZ-06
Consideration of adoption of an ordinance to rezone the land. 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. Staff and Planning and Zoning Board recommended unanimous approval. Council may take action.  (Approved)

4.   Rezoning 06-REZ-02, Weldon Ridge Planned Development District Amendment
Consideration of adoption of an ordinance to rezone the land. 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. Staff and Planning and Zoning Board recommended unanimous approval. Council may take action. (Approved, along with the associated annexation, 06-A-13)

G.   COMMITTEE REPORTS (discussion items)

Operations Committee, June 7, 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)

1.   Consideration of approval of a waiver to allow a rezoning to be resubmitted within a 12-month period (06-REZ-17, McCrimmon Corner). Council may take action. Six affirmative votes are required for approval. (Approved)

2.   Consideration of adoption of the Fiscal Year 2007 Budget and the proposed changes to the budget. Council may take action. (Adopted)

3.   Consideration of adoption of a resolution by the Town of Cary in support of the 2006 General Assembly enacting legislation authorizing a November 2006 general obligation bond referendum to increase conservation spending in North Carolina by $200 million per year for five years. The Parks, Recreation and Cultural Resources Advisory Board unaminously recommended approval of this resolution. Council may take action. (Approved)

4.   Consideration of approval of a transfer of $125,000 from the FY06 Transit Fund Balance. Council may take action. (Approved)

5.   Consideration of implementing a WI-FI Pilot Project in Downtown Cary. (No action taken)

I.   CLOSED SESSION

Called

J.    ADJOURNMENT (8:43p.m.)

 Please contact the Cary Town Clerk with any questions about this agenda. The e-mail address is sue.rowland@townofcary.org, and the phone number is (919) 469-4011. Visit our Web site at www.townofcary.org for more detailed information about each agenda item.

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.