NOTE: These minutes are DRAFT. Contact the town clerk at (919)460-4941 for official minutes of this meeting.

 

Cary Town Council Minutes
Tuesday, November 14, 2006
6:30 PM
Council Chambers
316 N. Academy Street, Cary, N.C.
Web Site: 
www.townofcary.org

 

NOTE: These minutes are divided into sections because of their length. Click on the links herein to view complete text minutes.

 

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

 

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 Smith)

 

Mayor Pro Tem Smith Provided the ceremonial opening.

 

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3.   Adoption of agenda (Town Council)

 

ACTION:  Mrs. Robison moved to adopt the agenda.  Mrs. Robinson provided the second, and council granted unanimous approval

 

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B.   CONSENT AGENDA

 

 

1.   Regular Consent Agenda (any regular consent agenda item pulled for discussion will be discussed at the end 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 October 26, 2006 . (Town Council)

 

ACTION:  Mayor Pro Tem Jack Smith moved to approve the consent agenda in its entirety.  Mrs. Robison provided the second, and council granted unanimous approval

 

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b.   Consideration of approval of the use of the council chambers by the Cary Chamber of Commerce for adult leadership Cary on February 6, 2007 and youth leadership Cary on February 20, 2007 . (Town Council)

 

ACTION:  Mayor Pro Tem Jack Smith moved to approve the consent agenda in its entirety.  Mrs. Robison provided the second, and council granted unanimous approval

 

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c.   Consideration of designating Julie Robison as the Town's official voting delegate at the National League of Cities Annual Business Meeting on December 9, 2006. (Town Council)

 

ACTION:  Mayor Pro Tem Jack Smith moved to approve the consent agenda in its entirety.  Mrs. Robison provided the second, and council granted unanimous approval

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d.   Consideration of approval of a certificate of sufficiency and a resolution calling for a public hearing on citizen-initiated annexation 06-A-22. The properties are located at 6419 McCrimmon Parkway and 6525 Koppers Road and contain 16.80 acres. The associated rezoning is 06-REZ-19 (McCrimmon Corners). (Mr. Ricky Barker)

 

Annexation Petition Number:   06-A-22
Property Address: 
6419 McCrimmon Parkway , 6525 Koppers Road
Wake County
Parcel Number:  0745173844, 0745172357
Real ID Number:   0293813, 0106113
Petition Date:   
4/25/2006
Proposed Effective Date:  
12/14/2006

OWNERS:
Milton & Gloria Maynard
1509 Old Maynard Road
Morrisville , NC 27560-8627

Billy & Margaret Maynard
1509 Old Maynard Road
Morrisville , NC 27560-8627

Jimmy & Gayle Davis
6525
Koppers Road
Morrisville , NC 27560-8627

 

LOCATION:   At the intersection of Old Maynard Road and McCrimmon Parkway

ZONING & PROPOSED USE
:
Current Zoning:   Office, Research, and Development (ORD)       
Acreage:   16.80 plus 0.00 adjacent right of way = 16.80 total acres
% Contiguity:   16.67%                  
Contiguous to Corporate Limits:   Yes    
Proposed Use:   Residential Multi-Family Conditional Use
Associated Rezoning Case:    06-REZ-19 (McCrimmon Corners)
Associated Development Plan:   None    

 

UTILITIES:
Water:    On Site
Sewer:   On Site

DISTRICTS & TAX VALUE:
Fire District:   Morrisville
Voting District:   A
Tax Value:    $317,060

 

MEETINGS:
Town Council – Certificate of Sufficiency and Resolution Ordering Public Hearing:   11/14/2006
Staff Recommendation:   Forward to public hearing on 12/14/2006

The documents that Council will consider for adoption at this meeting follow:


06-A-22                                                            (MILTON & GLORIA MAYNARD, ETAL)

CERTIFICATE OF SUFFICIENCY OF ANNEXATION PETITION

I, the undersigned Town Clerk of the Town of Cary, do hereby certify that I have investigated the sufficiency of Annexation Petition of Milton & Gloria Maynard; Billy & Margaret Maynard, Jimmy & Gayle Davis, Wake County Parcel Identification nos. 0745173844 and 0745172357, 1680 acres plus 0.00± acres of adjacent right-of-way, as directed by the Town Council by resolution, and that my investigation reveals the following:

1. The signers of the Petition are the owners of the real property within the area proposed for annexation.  

2. 
The area is contiguous to the municipal boundaries of the Town of Cary as defined by General Statute 160A-31, or is appropriate for annexation as a noncontiguous area as defined by 160A-58.

Adopted 11/14/06 .


06-A-22
                                                            (MILTON & GLORIA MAYNARD, ETAL)

RESOLUTION ORDERING PUBLICATION OF A NOTICE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31

 

WHEREAS, the Town Council of the Town of Cary has received an annexation petition of

Milton & Gloria Maynard; Billy & Margaret Maynard; Jimmy & Gayle Davis, Wake County Parcel Identification #0745173844, 0745172357, 16.80 acres plus 0.00± acres of adjacent right-of-way, requesting the annexation of certain lands contiguous to the municipal boundaries of the Town of Cary ; and

WHEREAS, the Town Clerk has certified to the Town Council the sufficiency of said Petition as required by law;

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Cary , North Carolina that:

Section I. A public hearing on the question of annexation of the area described herein will be held in the Council Chamber of the Town of Cary, 316 N. Academy Street, Cary , NC at 6:30 p.m. on 12/14/2006 .

Section 2. The area proposed for annexation is described as follows:

 

LEGAL DESCRIPTION
Wake County
Parcel Identification #0745173844, 0745172357

Section 3. Notice of the public hearing shall be published in the Cary News, a newspaper having general circulation in the Town of Cary , at least ten (10) days prior to the date of the public hearing.

Adopted 11/14/2006 .

 

ACTION:  Mayor Pro Tem Jack Smith moved to approve the consent agenda in its entirety.  Mrs. Robison provided the second, and council granted unanimous approval

 

Resolution 06-154 is also on file in the town clerk’s office.

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2.   Land Development Consent Agenda (any land development consent agenda item pulled for discussion will be discussed at the end of the land development discussion portion of the agenda, which is item F on this agenda)

 

a.   Comprehensive Plan Amendment 06-CPA-09, Serving Cup
Consideration of adoption of an ordinance to amend the Comprehensive Plan. The property is located at Green Level West Road (west and south of NC 55 Highway) and contains approximately 1.33 acres. The request is to change from Low Density Residential (LDR) to Medium Density Residential (MDR). The Planning and Zoning Board unanimously recommended approval. (Approved)

 

b.   Rezoning 06-REZ-19, McCrimmon Corners Re-Submittal
Consideration of adoption of an ordinance to rezone land. The property is located on the Southeast corner of McCrimmon Parkway and Koppers Road and contains approximately 16.80. 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)

 

3.  Planning and Development Committee, October 26, 2006 (any committee consent agenda item pulled for discussion will be discussed at the end of the committee discussion portion of the agenda, which is item G on this agenda)

 

a.  Summit  Church Giverny Place Connection (EN07-040)
Committee unanimously recommended that Town Council require a connection to Giverny Place with barricades or gates installed in a manner that would prohibit vehicles, except for those accessing 1490 Davis Drive, from using the private driveway that crosses CSX Railroad. (Approved)

 

b.   RDU Center 3 & 4 – Request for Waiver of Thoroughfare Improvements
(EN07-042)
Committee unanimously recommended that Town Council waive the requirement for additional widening of
Aviation Parkway along the RDU Center 3 & 4 frontage. (Approved)

 

c.   The Woodlands – Request to Make a Payment-in-lieu of Road Improvements and Sanitary Sewer construction (EN07-043)
Committee unanimously recommended allowing a payment-in-lieu for approximately 400 feet of
Mills Road improvements associated with The Woodlands Subdivision plan, the precise amount to be determined after review of a revised engineer's cost estimate, and a payment-in-lieu of $102,060 for the construction of approximately 1,620 feet of sanitary sewer. (Approved)

 

d.   Call for Public Hearing to Consider Closing the CSXT Railroad Crossing at North West Street (EN07-044)
Committee unanimously recommended setting a public hearing on December 14, 2006 , to receive comments on this proposed closure. (Approved)

 

e.    Land Development Ordinance (LDO) Text Amendments (Round 8)
(PL07-010)
Committee unanimously recommended setting a public hearing on December 14, 2006 , to receive input on these proposed amendments. (Approved)

 

f.    West Cary Pump Station Architecture (EN07-037)
Committee unanimously recommended the exterior appearance as detailed in this report and shown in the attached images. (Approved)

 

g.   The Manor at Green Level Crossing – Request for Waiver of Connectivity Ordinance (EN07-041)
Committee unanimously recommended that Town Council accept the request for waiver of connectivity ordinance. (Approved)

 

4.  Operations Committee, November 1, 2006 (any committee consent agenda item pulled for discussion will be discussed at the end of the committee discussion portion of the agenda, which is item G on this agenda)

 

a.   Appropriation of Settlement Funds (AD07‑003)
Committee unanimously recommended recognizing and appropriating $14,600 of a $21,200 code enforcement settlement to the Planning Department’s contracted services account with the $6,600 remainder to be paid to the school system. (Approved)

 

b.   Utility Service to the Roberts Site North Subdivision (EN07‑045)
Committee unanimously recommended entering into a reimbursement contract with Toll Brothers, Inc., for offsite water lines to serve the Roberts Site North Subdivision. (Approved)

 

c.   Utility Service to the Copperleaf Subdivision (EN07-046)
Committee unanimously recommended entering into a reimbursement contract with Derby Downs, LLC, for offsite sewer lines to serve the Copperleaf Subdivision. (Approved)

 

d.   Water Resources Planning (PWUT07-010)
Committee unanimously recommended that the information about the Integrated Water Resources Management Plan and Reclaimed Water Master Plan be entered into the Town Council records. (Approved)

 

e.   White Oak Creek Conservation Project (PR07-12)
Committee unanimously recommended recognizing a $600,000 Clean Water Management Trust Fund Grant for the White Oak Creek Conservation Project
. (Approved)

 

f.   Morris Branch Park Acquisition Project (PR07-13)
Committee unanimously recommended recognizing and appropriating a $700,000 Wake County Open Space Preservation Program grant as revenue to the Open Space Project (WT1078) for the acquisition of the
Morris Branch Park site. (Approved)

 

g.   Planning Department Staffing Changes (PL07-015)
Committee unanimously recommended that information regarding the reorganization of the Current Planning Section be entered into the Town Council records. (Approved)

 

h.   Agreement – Village of Troon Private Streets (EN07-039)
Committee unanimously recommended pursuing an agreement with the Village of Troon to upgrade certain private streets to Town standards so that the Town may take over future maintenance with the Village of Troon paying the costs of the upgrade over time.  Committee also requested staff to research standards ordinances related to private streets and report to council with recommendations to prevent high costs of street upgrades. (Approved)

 

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

 

1.      Presentation of award from the United States Tennis Association for Outstanding Tennis Facility for 2006 for the Cary Tennis Park . (Ms. Dorrel.)

 

Ms. Dorrel presented the award to staff.

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2.   Presentation of award from the Racquet Sports Industry for Municipal Facility of the Year for the Cary Tennis Park . (Ms. Dorrel)

 

Ms. Dorrel presented the award to staff.

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D.   PUBLIC HEARINGS 

1.   Rezoning 06-REZ-24, Cameron Pond Planned Development District Amendment
The property is located on
Carpenter Fire Station Road near Buxton Grant Road , and contains .83 acre.  The request is to amend the current planned development district to allow for an additional four lots. Council may refer this request to the January 15, 2007 Planning and Zoning Board meeting. (Referred to the 1/15/07 Planning and Zoning Board Meeting)

2.   Rezoning 06-REZ-25, Hospice of Wake County
The property is located approximately 900 feet east of the intersection of Trinity and Trenton Roads, and contains approximately 8.70 acres. The request is to rezone the property to Office and Institutional Conditional Use to permit a nursing home or hospice facility. Council may refer this request to the January 15, 2007 Planning and Zoning Board meeting. (Referred to the 1/15/07 Planning and Zoning Board Meeting)

3.   Rezoning 06-REZ-28, Old Maynard Planned Development District Amendment
The property is located at the northwest intersection of Old Maynard Road and McCrimmon Parkway and contains approximately 40.76 acres. The request is to amend the current planned development district to reduce internal building setbacks. Council may refer this request to the December 18, 2006 Planning and Zoning Board meeting. (Referred to the 12/18/06 Planning and Zoning Board Meeting)

4.   Citizen Initiated Annexation 06-A-28
Consideration of adoption of an ordinance to annex land. The property is located at 1404 Holt Road and contains 0.85 acre. There is no associated development plan. Council may take action. (Approved)  

 

E.   PUBLIC SPEAKS OUT (one hour time limit)

 

No one came forward to speak.

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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 05-CPA-21, Reedy Creek
Consideration of adoption of an ordinance to amend the comprehensive plan. The property is located at the northwest corner of
NE Maynard Road and Reedy Creek Road and contains approximately 17.66 acres. The current comprehensive plan designation is Office and Institutional, Medium Density Residential and Low Density Residential; the proposed comprehensive plan designation is Office and Institutional, High Density Residential and Commercial. The Planning and Zoning Board unanimously recommended denial. Council may take action. (Mr. Philip Smith)

  

2.   West Chatham Townhomes (06-SP-043)
Consideration of a request to approve West Chatham Townhomes site plan. The site is located on the northwest corner of the intersection of
High House Road and West Chatham Street , adjacent to the Highland Village Planned Development and abutting Old Apex Road to the North, and contains 9.63 acres. The Town Center Review Commission unanimously recommended approval with specific conditions; however, the applicant has not been able to meet all of the conditions). (Mr. Kevin Hales)

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G.  COMMITTEE REPORTS (discussion items)

 

1.   Planning & Development Committee, October 26, 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

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2.   Operations Committee, November 1, 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

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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

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I.    CLOSED SESSION

ACTION: At 8:32 p.m., Mayor Pro Tem Smith Jack provided the following motion for closed session, which was seconded by Ms. Dorrel and unanimously approved by council.

PURSUANT TO G.S. 143-318.11(A) (3), I MOVE THAT WE HOLD A CLOSED SESSION TO:

TO CONSULT WITH ATTORNEYS EMPLOYED BY AND/OR RETAINED BY THE TOWN IN ORDER TO PRESERVE THE ATTORNEY-CLIENT PRIVILEGE BETWEEN THE ATTORNEYS AND THE TOWN. 

Ms. Dorrel asked to be excused from closed session and left the meeting at 8:32 p.m.

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J.   ADJOURNMENT

At 8:57 p.m. Mayor Pro Tem Smith moved to adjourn. Mrs. Robinson provided the second and council granted unanimous approval (Ms. Dorrel and Mr. Roseland were not in the room).