Cary

Cary Town Council Meeting Action Agenda

Thursday, July 27, 2006

6:30 p.m.

Council Chambers

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

NOTE: The minutes are divided into sections according to the links below due to their length. Click on the links to see the full text minutes of each section.

Present: Mayor Ernie McAlister, Mayor Pro Tem Jack Smith, Council Members Marla Dorrel, Jennifer Robinson, and Nels Roseland

Absent: Council Member Julie Robison (she participated via speaker phone, but she’s officially “absent” and did not make motions, seconds, or vote on any item; the minutes reflect her comments)

NOTE: Former Council Member Mike Joyce resigned on July 19, 2006

A. COMMENCEMENT

1. Call to Order (Provided)

2. Ceremonial Opening (Provided)

3. Adoption of agenda (Approved with the changes outlined )

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 22, 2006, and the minutes of the comprehensive transportation work session held on July 13, 2006. (Approved)

b. Consideration of approval of the tax report adopted by the Wake County Commissioners on June 7, 2006. (Approved)

c. Consideration of adoption of certificates of sufficiency and resolutions calling for public hearings on the following citizen-initiated annexation petitions.

(1) 06-A-15: The property is located at 2900 Carpenter Upchurch Road and contains 1.12 acres. The associated rezoning is 06-REZ-10 (Carpenter Planned Development). (Approved)

(2) 06-A-24: The property is located at 5328, 5332, 5340, 5324, 5408, 5412, 5413, 5416, 5420, 5424, 5425 Serene Forest Drive and contains 4.55 acres. The associated rezoning is pending. (Approved)

d. Consideration of schedule updates to the Chatham/Cary joint land use plan. (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 06-REZ-07, RDU Associates Property
Consideration of adoption of an ordinance to rezone land. 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. The Planning and Zoning Board unanimously recommended 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)

b. Rezoning Petition 06-REZ-18, Panther Creek Planned Development District Amendment
Consideration of adoption of an ordinance to rezone land. The property is located at McCrimmon Parkway (near NC 55 Highway) and contains approximately 87.23 acres. The request is to amend the existing conditions of the planned development district. The Planning and Zoning Board unanimously recommended 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)

c. Comprehensive Plan Amendment 06-CPA-04, Phillips Place
Consideration of adoption of an ordinance to amend the comprehensive plan. 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. The Planning and Zoning Board unanimously recommended approval. (Approved)

d. Rezoning Petition 06-REZ-11, Cary Creek Property
Consideration of adoption of an ordinance to rezone land. 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. The Planning and Zoning Board unanimously recommended 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)

e. Village at the Park Development

(1) Rezoning Petition 06-REZ-12, Village at the Park Activity Center Overlay District Amendment
Consideration of adoption of an ordinance to rezone land. The property is located at the intersection of Alston Avenue and Kit Creek Parkway and contains approximately 227.83 acres. The current zoning is Residential 40; the request is to designate an activity center overlay district for the subject properties. The Planning and Zoning Board unanimously recommended approval. Due to a valid protest petition, five affirmative council votes are required to approve. Council may take action. (Approved)

(2) Activity Center Concept Plan 06-AC-03, Village At The Park
The property is located at the intersection of Alston Avenue and Kit Creek Parkway and contains approximately 146.40 acres. The current zoning is Residential 40; the request is to establish an activity center concept plan. The Planning and Zoning Board unanimously recommended approval. Council may take action. (Approved)

3. Planning and Development Committee, June 22, 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. Searstone: Waiver of Road Improvements (EN07-003)
Committee unanimously recommended granting a waiver of the APF Roads requirements at High House and Cary Parkway. (Approved)

b. Southwest Area Plan Update (PL06-045)
Committee unanimously directed staff to proceed with a study to update the SW Area Plan as described. (Approved)

c. Olde Carpenter Townhomes – Request for Payment-in-lieu of Road Improvements and Variance of Street Design (EN06-143)
Committee unanimously recommended allowing an alternative to the standard 90’ street end design, provided the design plans reflect the change to a 40’ radius and include the requirement for no on-street parking throughout the development. (Pulled from consent)

4. Operations Committee, July 5, 2006 (any operations 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. Reclassification of Funding Source for the Operations Center Expansion Project (GG1073) (AD07-001)
Committee unanimously recommended reclassifying the funding source for capital project GG1073 Operations Center Expansion – PWUT from Installment Purchase Debt to General Capital Reserve Unrestricted Fund Balance. (Approved)

b. Traffic Counts On-Call Services – Selection Of Consultants (EN07-001)
Committee unanimously recommended approval of Mulkey Engineers & Consultants as an on-call consultant for traffic count services. (Approved)

c. Release of a Utility Easement (EN07-004)
Committee unanimously recommended releasing an unneeded utility easement located at 1204 Haddington Drive. (Approved)

d. Request for an Easement on Town Property (EN07-005)
Committee unanimously recommended approval of a request by Progress Energy for an easement on Town property located at 1019 Evans Road. (Approved)

e. White Oak Interceptor and Pump Station Elimination, Batchelor Branch Interceptor and Pump Station Elimination, White Oak Greenway Phase IV Bid Award and Request for Additional Funds (EN07-007)
Committee unanimously recommended awarding the bid for construction of the White Oak interceptor and pump station elimination (SW1098), the Batchelor Branch interceptor and pump station elimination (SW1095) and the White Oak Greenway Phase IV (PR1057) to J. F. Wilkerson Contracting Company for $5,886,617. This award by Council represents a preliminary determination as to the qualifications of this consulting firm and no legally binding acceptance of this award will occur until the Lead Agency, the Town of Cary, has executed a legally binding agreement. Committee also recommended an appropriation of $149,503 from sewer development fee fund balance to the construction account of the White Oak Interceptor and Pump Station Elimination project (SW1098) and $308,601 of sewer development fee fund balance to the construction account of the Batchelor Branch Interceptor and Pump Station Elimination Project (SW1095). For ease of project administration, the $1,950,000 currently budgeted in the SW1095 Batchelor Branch interceptor and pump station elimination project should be transferred into the SW1098 White Oak interceptor and pump station elimination project. Upon combining these projects into SW1098, the name for this project should be changed to White Oak and Batchelor Branch interceptor and pump station elimination. Lastly, the $458,107 in sewer development fee fund balance within the utility capital reserve fund should be appropriated to the construction account of the newly combined SW1098 White Oak and Batchelor Branch interceptor and pump station elimination project. (Approved)

f. Recognition of Federal Funds (PD07-001)
Committee unanimously recommended recognition of $36,400 received through the federal Equitable Sharing Program and the expenditure of those funds for police equipment. (Approved)

g. Middle Creek School Park – Joint Use Agreements (PR07-001)
Committee unanimously recommended approval of joint use agreements with Wake County Board of Education for the Middle Creek Park Complex and for the Auxiliary Gymnasium, Middle Creek Park Community Center, outdoor basketball courts, tennis courts, and parking areas. (Approved)

h. Lazy Daze Consultant Report Recommendations (PR07-002)
Committee unanimously recommended acceptance of the consultant’s report with the understanding that action plans will be developed for specific goals as appropriate. (Approved)

i. Budget Adjustment for Cape Fear Discharge Planning and Permitting (PWUT07-001)
Committee unanimously recommended transferring $26,921 from utility capital reserve sewer restricted fund balance to the Cape Fear Discharge Planning and Permitting Project (SW1067). (Approved)

j. Revision to Cary Town of Ordinances, Chapter 26 Solid Waste Management (PWUT07‑002)
Committee unanimously recommended approval of an ordinance amendment of Chapter 26 of Cary Town Code of Ordinances, Solid Waste Management. (Approved)

k. Policy Statement Outlining Rules of Procedures for Volunteer Boards and Commissions (TC07-001)
Committee unanimously recommended approval of a policy statement outlining rules of procedures regarding meetings for volunteer boards and commissions. (Approved)

l. Contract Award – Engineering Services for the Western Wake Regional Water Reclamation Facility, Influent Conveyance Facilities Project (EN07-006)
Committee unanimously recommended that an engineering services contract be awarded to Hazen and Sawyer for the Western Wake Influent Conveyance Facilities at a total design phase value of $2,084,887 with an option for staff to authorize the construction phase services at a later date with a value up to $1,838,013 as a contract amendment. The total authorized award amount consisting of both design phase and construction phase services would total $3,922,900. This award by Council represents a preliminary determination as to the qualifications of this consulting firm and no legally binding acceptance of this award will occur until the Lead Agency, the Town of Cary, has executed a legally binding agreement.

Committee further recommended closing the SW1122 project account and reorganizing the existing project funds to create five new project accounts for the influent conveyance facilities subprojects as outlined below. The project account reorganization has been recommended to facilitate the management of cost allocations among the Project Partners in accordance with the Western Wake Regional Wastewater Management Facilities Interlocal Agreement. The project account reorganization is necessary to track payments for the five subprojects because each individual project was funded with a different cost sharing percentage among the Project Partners. In total, the sum of the five subprojects is equal to the current amount funded in project account SW1122. (Approved)

WWRWMF - West Cary Pump Station Upgrades
Committee recommended creating Project SW3000 in the amount of $530,224.79 to fund the engineering contracted services for the West Cary Pump Station Upgrades and transferring $530,224.79 from SW1122 to create the new contracted services account.

WWRWMF - West Cary Force Main (South)
Committee recommended creating Project SW3001 in the amount of $829,548.49 to fund the engineering contracted services for the West Cary Force Main and transferring $829,548.49 from SW1122 to create the contracted services account.

WWRWMF - West Reedy Branch Gravity Sewer Interceptor
Committee recommended creating Project SW3002 in the amount of $967,126.39 to fund the engineering contracted services for the West Reedy Branch Gravity Sewer Interceptor and transferring $967,126.39 from SW1122 to create the contracted services account.

WWRWMF - Beaver Creek Pump Station
Committee recommended creating Project SW3003 in the amount of $858,623.44 to fund the engineering contracted services for the Beaver Creek Pump Station and transferring $858,623.44 from SW1122 to create the contracted services account.

WWRWMF - Beaver Creek Force Main
Committee recommended creating Project SW3004 in the amount of $1,192,111.89 to fund the engineering contracted services for the Beaver Creek Force Main and transferring $1,192,111.89 from SW1122 to create the contracted services account.

m. Long-term Solid Waste Disposal (PWUT07-003)
Committee unanimously recommended approval of an Interlocal Agreement (ILA) which commits the Town to using the new South Wake Landfill for the next 25 years. Marla Dorrel and Jennifer Robinson expressed reservations based on the fact that Wake County citizens, including those in Cary, would be subsidizing the citizens of Raleigh based on the rate structure in the agreement, but recommended approval despite these reservations because it was still the best financial option available for Cary citizens. (Approved)

C. RECOGNITIONS, REPORTS, AND PRESENTATIONS

Recognition of Mayor Pro Tem Jack Smith and the Town’s Sister Cities Commission for honors received from Sister Cities International. (Recognized)

D. PUBLIC HEARINGS

1. Public hearings and consideration of adoption of ordinances on the following citizen-initiated annexations.

a. 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. Council may take action following the public hearing. (Approved)

b. 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). Council may take action following the public hearing. (Approved)

c. 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). Council may take action following the public hearing. (Approved)

d. 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). Council may take action following the public hearing. (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. Rezoning Petition 06-REZ-09, Crossroads Activity Center Overlay District Amendment~~
Consideration of adoption of an ordinance to rezone land. 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. The Planning and Zoning Board unanimously recommended approval. Due to a valid protest petition, five affirmative council votes are required to approve. Council may take action. (removed from this agenda and scheduled for the August 24, 2006 council meeting)

2. 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. The Planning and Zoning Board recommended denial (majority vote). Due to a valid protest petition, five affirmative council votes are required to approve. Council may take action. (removed from this agenda and scheduled for the August 24, 2006 council meeting)

3. Village at the Park Development

~~a. Rezoning Petition 06-REZ-12, Village at the Park Activity Center Overlay District Amendment~~
Consideration of adoption of an ordinance to rezone land. The property is located at the intersection of Alston Avenue and Kit Creek Parkway and contains approximately 227.83 acres. The current zoning is Residential 40; the request is to designate an activity center overlay district for the subject properties. The Planning and Zoning Board unanimously recommended approval. Due to a valid protest petition, five affirmative council votes are required to approve. Council may take action. (moved to consent agenda)

b. Activity Center Concept Plan 06-AC-03, Village At The Park
The property is located at the intersection of Alston Avenue and Kit Creek Parkway and contains approximately 146.40 acres. The current zoning is Residential 40; the request is to establish an activity center concept plan. The Planning and Zoning Board unanimously recommended approval. Council may take action. (moved to consent agenda)

4. Comprehensive Plan Amendment 06-CPA-03, Bashyam Property
Consideration of adoption of an ordinance to amend the comprehensive plan. 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. The Planning and Zoning Board recommended approval (majority vote). Council may take action. (removed from this agenda and scheduled for the September 14, 2006 council meeting)

G. COMMITTEE REPORTS (discussion items)

1. Planning and Development Committee, June 22, 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)

~~a. Conservation Overlay User Guide~~ (PL06-048a)
Committee unanimously recommended that full council consider a Conservation Residential Overlay User Guide to supplement the LDO and asked that staff provide more detail prior to that discussion focusing on provisions for items with clear potential for disagreement between the ordinance and its interpretation. (withdrawn by staff and removed from agenda)

b. Rezoning Process Improvements (PL06-043)
Committee unanimously recommended implementation of numerous changes to improve various aspects of the rezoning process. (Council Member Marla Dorrel requested to discuss this item.) (Approved with the exception of item J, Timing of Public Comments/Response to Public Comments, which was put on hold)

2. Operations Committee, July 5, 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)

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 (called; following closed session, council approved a third party investigation and analysis of the events and circumstances surrounding the sewer spill at Swift Creek)

J. ADJOURNMENT (9:16 p.m.)

Please contact the Cary Town Clerk with any questions about this action 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.