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NOTE: These minutes are DRAFT. Contact the town clerk at (919)460-4941 for official minutes of this meeting.
Cary
Town Council Minutes
NOTE: These minutes are divided into sections because of their length. Click on the links herein to view complete text minutes.
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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
_________________________
2.
Ceremonial Opening (Mayor Pro Tem
Smith)
Mayor
Pro Tem Smith Provided the ceremonial opening.
_________________________
3.
Adoption
of agenda (Town Council)
ACTION:
Mrs. Robison moved to adopt the
agenda. Mrs. Robinson provided the
second, and council granted unanimous approval
_________________________
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
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
_________________________
b.
Consideration
of approval of the use of the council chambers by the Cary Chamber of Commerce
for adult leadership Cary on
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
_________________________
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
_________________________
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
Annexation
Petition Number: 06-A-22
Property Address:
Real ID Number: 0293813, 0106113
Petition Date:
Proposed Effective Date:
OWNERS:
Milton & Gloria Maynard
Billy
& Margaret Maynard
Jimmy
& Gayle Davis
6525
LOCATION:
At the intersection
of
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:
Staff Recommendation: Forward
to public hearing on
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
Adopted
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
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
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
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
Section
2. The area proposed for annexation is described as follows:
Section 3. Notice of the public hearing shall be published in the Cary
News, a newspaper having general circulation in the Town of
Adopted
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.
_________________________
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
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
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.
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.
b.
(EN07-042)
Committee unanimously recommended that Town Council waive the requirement
for additional widening of
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
d.
Call for Public Hearing to Consider Closing the CSXT Railroad
Crossing at
Committee unanimously recommended setting a public hearing on
e.
Land Development Ordinance (LDO) Text Amendments (Round 8)
(PL07-010)
Committee unanimously recommended setting a public hearing on
f.
West
Committee unanimously recommended the exterior appearance as detailed in
this report and shown in the attached images.
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.
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.
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.
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.
f.
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
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.
h.
Agreement –
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.
C.
RECOGNITIONS, REPORTS,
1.
Presentation
of award from the United States Tennis Association for Outstanding Tennis
Facility for 2006 for the
Ms.
Dorrel presented the award to staff.
_________________________
2.
Presentation
of award from the Racquet Sports Industry for Municipal Facility of the Year for
the
Ms.
Dorrel presented the award to staff.
_________________________
1.
Rezoning 06-REZ-24, Cameron Pond Planned Development District Amendment
The property is located on
2.
Rezoning 06-REZ-25, Hospice of
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
3.
Rezoning 06-REZ-28, Old Maynard Planned Development District Amendment
The property is located at the northwest intersection of
4.
Citizen
Initiated Annexation
06-A-28
Consideration
of adoption of an ordinance to annex land. The property is located at
E.
PUBLIC SPEAKS OUT (one hour time limit)
No
one came forward to speak.
_________________________
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
2.
West
Consideration of a request to approve West Chatham Townhomes site plan. The site
is located on the northwest corner of the intersection of
_________________________
G.
COMMITTEE REPORTS (discussion
items)
1.
Planning & Development
Committee,
N/A
_________________________
2.
Operations Committee,
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
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
________________________
J.
ADJOURNMENT
At