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 (Provided)

2.    Ceremonial Opening (Provided)

3.   Adoption of agenda (Approved with the changes noted below)

The following changes to the agenda are proposed:

• Remove item B.3.i., Walnut Street Detention Basin Project Condemnation Resolution; this item has been settled and no council action is required.

• Remove item B.3.e., Engineering Services Contract for Downtown Cary Streetscape Project per Mr. Roseland's request and reschedule this item for the January 11, 2007 council agenda.

• At the request of the applicant, remove item H.1., Waterford Estates Subdivision – Request for Waiver of Thoroughfare Improvements; the applicant plans to submit a modified request and has asked that the item be placed on the January 11, 2007 council agenda. 

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 November 14, 2006 and the minutes of the aquatics work session held on November 8, 2006. (Approved)

b.   Consideration of approval of the November 2006 tax report. (Approved)

c.   Consideration of approval of certificates of sufficiency and resolutions calling for public hearings on the following citizen initiated annexations.

(1)  06-A-34 (The Park at Langston, LLC)
The property is located on Truelove Drive, 3,880 feet north of Optimist Farm Road and Bells Lake Road, and contains 14.29 acres. The associated rezoning case is 06-REZ-23 (Park at Langston). (Approved)

(2)  06-A-37 (Albert Murray Council Heirs, ETAL)
The property is located at 3620 Green Level Church Road West and 3610 and 8425 Green Level Church Road and contains 19.54 acres. The associated development plan is 06-SB-019 (Singh Green Level Road West Subdivision). (Approved)

d.   Consideration of adoption of a resolution endorsing the NC League of Municipalities’ proposed mission statement, core values and strategic directions. (Approved)

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.   Rezoning 06-REZ-21 (Regency Planned Development District Amendment)
Consideration of adoption of an ordinance to rezone land. The property is located on Regency Parkway, north of Glade Park Road, and contains approximately 21.32 acres. The request is to amend the current planned development district. Council may refer this request to the November 20, 2006 Planning and Zoning Board meeting. 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.   Operations Committee, December 11, 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.   Town Funding for General Nonprofits (AD07‑004)
Committee unanimously recommended approval of a new Policy Statement, Town Funding of General Non-Profits. (Approved)

b.   Recognition of Developer Funding for CVS – Morrisville (EN07-050)
Committee unanimously recommended recognition of a payment of $48,500 from the developers of the CVS Pharmacy in Morrisville at the intersection of Davis Drive and Morrisville-Carpenter Road to the developer reimbursement revenue account and that this amount be appropriated to the Public Works – Operations contracted services account. (Approved)

c.   Individual Plumbing and Irrigation Study Results (EN07-051)
Committee unanimously recommended that this item be tabled until the January Operations Committee meeting and requested that staff investigate the possibility of installing pumps to increase water pressure in specific neighborhoods. (Approved the request to table)

d.   Contract Award –Western Wake SCADA (EN07-052)
Committee unanimously recommended:

• Awarding a contract to the team of Brown & Caldwell and CITI for the Western Wake SCADA Project (SW1148) for $1,283,453.
• Transferring $343,047 from SW1092 to SW1148.
• Transferring $671,377 from SW1123 to SW1148.
• Transferring $228,630 from SW1124 to SW1148.
• Transferring $40,399 from SW1121 to SW1148.
• Sharing the costs with other WWRWMF Project Partners per previous agreements. (Approved)

e.   Engineering Services Contract for Downtown Cary Streetscape Project (EN07-053)
Committee unanimously recommended awarding a contract for engineering services for the Downtown Cary Streetscape Project to Arcadis G&M of North Carolina Inc. for $2,485,000.  (Removed from agenda and scheduled for 1/11/07 council meeting)

f.    Funding transfer request for the Old Apex Road Widening Project (EN07-054)
Committee unanimously recommended that $6,182 in revenue from the FY06 Traffic Signalization Project (ST1143) be transferred to the construction account of the Old Apex Road Widening Project (ST1105). (Approved)

g.   Sale of Real Property (EN07-055)
Committee unanimously recommended selling the areas needed for right of way, road construction related easements, and a sewer easement on a portion of the old landfill site on Holly Springs Road. (Approved)
 

h.   Progress Energy Request for Easement on Town Property (EN07-056)
Committee unanimously recommended approval of a request by Progress Energy for an easement on Town property located at the intersection of Green Level Church Road and Green Level Road West. (Approved)

i.    Walnut Street Detention Basin Project Condemnation Resolution (EN07-061)
Committee unanimously recommended approval of a condemnation resolution for the Walnut Street Detention Basin Project. (Removed from agenda; item has been settled)

j.    Reappointment to the Cary Fire Department Local Relief Fund Board of Trustees (FD07-02)
Committee unanimously recommended reappointment of Fred Cobb to Local Fireman’s Relief Fund Board of Trustees. (Approved)

k.   Fire Stations – Generator Upgrade (FD07-03)
Committee unanimously recommended that $103,995 in unrestricted general capital reserve fund balance be transferred to the Fire Stations – Generator Upgrade Project (FD1024) and be allocated to the contracted services account. (Approved)

l.    Ordinance Amendment Regarding Hotel Guest Registers (PD07-009)
Committee unanimously recommended adoption of an ordinance requiring hotels and motels to maintain guest registers. (Approved)

m.  Amendments to the Code of Ordinances regarding Animals and Noise (PD07-010)
Committee unanimously recommended adoption of an ordinance amendment to the Town Code Sec. 6‑71 and Sec. 22-105. (Approved)

n.   Graffiti Removal Ordinance (PD07-011)
Committee unanimously recommended approval of an ordinance to facilitate the removal of graffiti on public and private property throughout the Town of Cary. (Approved)

o.   Planning Department Staffing Changes (PL07-013)
Committee unanimously recommended upgrading the Planner I position from temporary, full-time status to a permanent position. (Approved)

p.   FY 2007 Sidewalk Priority List (PL07-014)
Committee unanimously recommended that projects #1-#10 be designed and constructed within the $1 million budgeted for FY2007 and that Policy Statement 135 be amended to allow fifty percent of the annual sidewalk project budget to be allocated to staff-recommended, high-priority sidewalk projects. (Approved)

q.   Relocation and Preservation of the Waldo Rood House (PL07-017)
Committee unanimously recommended approval of relocating the Waldo Rood House to 114 East Park Street, partial restoration of the structure, and an appropriation of $85,000 from General Fund Fund Balance for the move and partial restoration. (Approved)

r.    Budget Adjustment for Ritter Park Renovation (PR07-015)
Committee unanimously recommended approval of a budget adjustment to place all appropriated funds related to Ritter Park renovations into the Ritter Park Renovation Project (PR1060). (Approved)

s.    2007 Town of Cary Official Meetings (TC07-002)
Committee unanimously recommended adoption of the dates/times specified for 2007 Town of Cary Official Meetings. (Approved)

t.    Swift Creek Pump Station Sewage Spill Assessment Follow Up (EN07-047)
Committee unanimously recommended acceptance of the Brown and Caldwell report and staff’s proposed follow up actions. (Approved)

u.   2006 Comprehensive Annual Financial Report (FN07-02)
After presentation of the 2006 Comprehensive Annual Financial Report and statements by Cherry Bekaert & Holland auditor Eddie Burke, committee unanimously recommended that the report be entered into the Town Council record. (Approved)

v.   Cary Aquatic Center Plan Development Process (PR07-14)
Committee unanimously recommended approval of the proposed approach and schedule for the site selection and development of the Cary Aquatic Center. (Approved)

w.  Roadside Maintenance Staffing Changes (PWUT07-11)
Committee unanimously recommended increasing the level of roadside maintenance on Davis Drive, Green Level to Durham Road, Tryon Road, High House Road and McCrimmon Parkway, adding four new positions (Facilities Maintenance Worker I, Facilities Maintenance Worker II, Facilities Maintenance Worker III, and a Facilities Work Expeditor), and appropriating $143,865 ($63,295 for salaries/benefits and $80,570 for capital outlay) from General Fund Fund Balance.  Committee also recommended converting three temporary positions to regular positions, appropriating $22,000 from General Fund Fund Balance for the additional personnel costs related to this change. (Approved)

x.   Coronado Way Water Contamination Study Results (PWUT07-12)
Committee unanimously recommended that the Coronado Way Study Results be entered into the Town Council record. (Approved)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

1.   Recognition of Cindi King as the recipient of the Distinguished Young Professional Award from the NC Recreation and Park Association. (Recognized)

2.   Recognition of Mary Henderson as the recipient of the Lifetime Achievement Award from the NC Recreation and Park Association. (Recognized)

Dr. Wilson recognized Cindi King and Mary Henderson of the parks, recreation and cultural resources department for their achievements.

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D.   PUBLIC HEARINGS

1.    Special Use 06-SU-008 (604 E. Chatham Street)
All speakers must be administered an oath by the town clerk prior to speaking.
Consideration of a request to operate a daycare center at 604 E. Chatham Street, Suites B, C and D. (Approved)

2.    Special Use 06-SU-009 (2060 Sowter Drive)
All speakers must be administered an oath by the town clerk prior to speaking.
Consideration of a request to operate a mini-storage facility at 2060 Sowter Drive. (Denied)

3.   Comprehensive Land Amendment 06-CPA-10 (Modern Woodmen of America)
The property is located at 2009, 2011 and 2013 Piney Plains Road and contains approximately 1.20 acres. The current comprehensive plan designation is High Density Residential; the proposed comprehensive plan designation is Office/Institutional. (Referred to February 2007 Planning and Zoning Board)

4.   Rezoning 06-REZ-27 (Modern Woodmen of America)
The property is located at 2011 and 2013 Piney Plains Road and contains approximately 0.97 acre. The current zoning is Residential-20; the proposed zoning is Office and Institutional Conditional Use. (Referred to April 2007 Planning and Zoning Board)

5.   Comprehensive Land Amendment 06-CPA-11 (Quality Oil)
The property is located at 7331 and 7425 Chapel Hill Road and contains approximately 4.0 acres. The current comprehensive plan designation is Office/Industrial, Office/Institutional, and Commercial; the proposed comprehensive plan designation is a modified arrangement of Commercial, Office/Institutional, and Office/Industrial. (Referred to February 2007 Planning and Zoning Board)

6.   Rezoning 06-REZ-23 (Park at Langston)
The property is located at the end of Truelove Drive off Bells Lake Road and north of Forester Lane and contains approximately 19.82 acres. The current zoning is Residential-30 (Wake County) and Residential-12; the proposed zoning is Residential-12 Conditional Use. (Referred to January 2007 Planning and Zoning Board)

7.   Rezoning 06-REZ-26 (Village at the Park Planned Development District Amendment)
The property is located at the northwest corner of Kitt Creek Road and NC 55 Highway and contains approximately 15.17 acres. The request is to eliminate the office and commercial uses and add 255 apartments. (Referred to February 2007 Planning and Zoning Board)

8.   Mixed Use Sketch Plan 06-MU-03 (Village at the Park)
The property is located in the northwest corner of Kitt Creek Road and NC 55 Highway and contains approximately 15.17 acres. The request is for 300 apartments. (Referred to February 2007 Planning and Zoning Board)

9.   Rezoning 06-REZ-29 (Waverly)
The property is located in the southeast corner of Kildaire Farm and Tryon Roads and contains approximately 31.88 acres. The current zoning is General Commercial Conditional Use, Waverly Place Mixed Use Overlay District, and Swift Creek Watershed Overlay District. The request is to amend the zoning conditions for Tracts 3, 5, 6, 8, 9, 10, 11, 12 and 13 regarding permitted uses and other development standards. (Referred to February 2007 Planning and Zoning Board)

10.  Mixed Use Sketch Plan 06-MU-05 (Waverly)
The property is located in the southeast quadrant of the intersection of Kildaire Farm and Tryon Roads and contains approximately 31.88 acres. The request contains a mixture of office, retail, hotel and residential uses. (Referred to February 2007 Planning and Zoning Board)

11.  Land Development Ordinance Amendment, Round 8
Consideration of amending the following chapters of the Land Development Ordinance (LDO): Chapter 3 (applicability, procedure, protest petitions); Chapter 4 (required pre-submittal meetings, required contents of a mixed use sketch plan, Conservation Residential Overlay District); Chapter 5 (Table of Permitted Uses – General Use Districts); Chapter 6 (Definition/Measurement); Chapter 7 (rails required for retaining walls and steep grade, miscellaneous amendments to the buffer regulations, illegal discharge and flood damage prevention); Chapter 8 (alternative development option: cluster housing); Chapter 12 (definitions); and minor clarifications to various chapters of the LDO. (council will conduct a work session)

12.  Citizen Initiated Annexation 06-A-22
The property is located at 6419 McCrimmon Parkway and 6525 Koppers Road and contains 16.80 acres. The associated rezoning case is 06-REZ-19 (McCrimmon Corners), which was approved on November 14, 2006. (Approved)

E.   PUBLIC SPEAKS OUT (N/A)

No one spoke during this portion of the meeting.

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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.   West Chatham Townhomes (06-SP-043)
Consideration of a request to approve the 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. (Approved plan as amended by applicant)

G.   COMMITTEE REPORTS (discussion items)

1.   Operations Committee, December 11, 2006 (any item pulled from the committee consent agenda for discussion [agenda item B.3.] will be discussed during this portion of the agenda)

There were no operations committee discussion items.

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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)

1.   Waterford Estates Subdivision – Request for Waiver of Thoroughfare Improvements (EN07-038a)
Planning and Development Committee unanimously recommended denial of the request for waiver of thoroughfare improvement requirements. The request has changed since the committee meeting. (Removed from this agenda and scheduled for 1/11/2007 council meeting)

I.    CLOSED SESSION (not called)

Closed session was not called.

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J.   ADJOURNMENT (9:40 p.m.)

ACTION: At 9:34 p.m., Mayor Pro Tem Smith moved to adjourn; Mrs. Robinson provided the second; council granted unanimous approval.