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Cary Town Council Minutes Thursday, April 12, 2007 6:30 PM Council Chambers 316 N. Academy Street, Cary, N.C.
Present: Mayor Ernie McAlister, Council Members Marla Dorrel, Ervin Portman, Jennifer Robinson, Julie Robison and Nels Roseland; Mayor Pro Tem Jack Smith arrived late, and his arrival time is noted in the minutes
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 (Mrs. Robison)
Mrs. Robison provided the ceremonial opening.
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3. Adoption of agenda (Town Council)
ACTION: Mr. Portman moved to adopt the agenda as presented; Mr. Roseland provided the second; council granted unanimous approval. (Mayor Pro Tem Smith was absent for this vote.)
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B. CONSENT AGENDA
The council pulled consent agenda item 3.m., 1/64 landscaping plan, for discussion.
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 March 22, 2007 and the minutes of the 2007 council/staff retreat. (Approved)
b. Consideration of approval of the March 2007 tax report. (Approved)
c. Consideration of adoption of an amended resolution and budget adjustment to recognize a NCDOT SAFETEA-LU Cost Reimbursement award and Chatham County Use Agreement for the construction of a segment of the American Tobacco Trail. (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-32, Oxxford Hunt Planned Development District (PDD)
Amendment 3. Operations Committee, April 5, 2007 (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.
Recognition of Developer
Funding for Tryon Village (EN07‑093)
b.
Right of Way Closure Request
(EN07-094)
c.
Columbia Avenue Petition for
Sewer Service
(EN07-095)
d.
Geotechnical and Construction
Materials Testing and Engineering Inspection Services for the SW Maynard
Road Project (EN07-096)
e.
Kildaire
Farm Road Widening Project Condemnation Resolutions
f.
2007 Street Improvements
Project - Priority List
(EN07-098)
g.
Terrington Pump Station and
Force Main Project Condemnation
Resolutions
(EN07-100)
h.
Bid Award – Terrington Sewage
Pump Station, Contract 1
(EN07-101)
i.
Wake County Emergency
Operations Plan
(FD07-05)
j.
Workers’ Compensation Program
Results Report
(HR07-03)
k.
Recognition of Federal and
State Funds
(PD07-015)
l.
Development Fee Update for
Transportation, Water and Sewer
(AD07‑007)
n.
Selection of Design Team for
the Renovation of Old Cary Elementary
(PR07-27)
C. RECOGNITIONS, REPORTS, AND PRESENTATIONS
1. Recognition of culinary students from Cary’s sister city, Le Touquet, France. (Mayor McAlister)
Mayor McAlister recognized visiting culinary students from Cary’s sister city in Le Touquet, France. Sister Cities Commission Chairperson Ian Henshaw spoke about the culinary exchange program.
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2. Report on the settlement of Richard I. Duley v. Town of Cary, et al. No council action is necessary (Mrs. Chris Simpson)
Mrs. Simpson reported on the settlement, which is attached to and incorporated in these minutes as Exhibit A.
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1.
Comprehensive Plan Amendment 07-CPA-02, Chapel Hill Road
2.
Rezoning 07-REZ-03, Chapel Hill Road Planned Development District (PDD)
Amendment
3.
Rezoning 07-REZ-04, Wrenn Property E. PUBLIC SPEAKS OUT (see official minutes)
Mr. William Moore spoke about the Reedy Creek activity center concept plan and rezoning. He is opposed to the proposed residential density. He stated the developer has told homeowners that they have two options: (1) high density or (2) a parking stack, and the residents preferred high density. He stated the applicant has reduced the square footage based on council feedback, but he stated it’s still too dense for the residents. He stated the roads in the vicinity cannot support this density, and some roadways in the area do not even have sidewalks.
Mr. Paul Silver asked that council recall the April 10, 2007 vote on the aquatic center. He supports utilizing the county money for a facility that will include a 50-meter pool.
Mr. Christian Taylor stated he was a victim of a crime, and he’s been unable to get cooperation and answers from the Cary Police Department. He stated the State Attorney General’s Office has taken over the case at this point.
Mr. Brent Miller stated the organizational chart, mission statement and statement of values form the foundation of Cary’s Town government, and they should be more than just words on paper. He stated a report card will be issued in the form of the 2007 council elections.
Mayor Pro Tem Smith arrived at 7 p.m.
Mr. Marc Bernstein spoke about Mr. Hashemi’s activity center concept plan and rezoning (Reedy Creek). He stated the developer has indicated to homeowners that if council denies the request, then he’ll proceed with an office and institutional zoning featuring several large three and four story buildings, three parking decks and a seven-story building. He stated this is not cooperative behavior on behalf of the developer. He stated he and his neighbors have diligently worked to attempt to reach an agreement with Mr. Hashemi, who has been very difficult for them to work with. He urged council to consider these facts.
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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)
There were no land development discussion items.
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G. COMMITTEE REPORTS (discussion items)
Operations Committee, April 5, 2007 (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)
1.
US1/64 Landscaping Plan
(EN07-092)
STAFF REPORT Operations Committee, April 5, 2007
Consideration of entering into a Municipal Agreement with NCDOT to include enhanced landscaping along the US1/64 widening project Speaker: Mr. Steve Brown
From: Tim Bailey, PE, Director of Engineering Prepared by: Kyle Hubert, PE, Senior Engineer Approved by: William B. Coleman, Jr., Town Manager Approved by: Benjamin T. Shivar, Assistant Town Manager
Town Staff is working with NCDOT to enhance their standard landscaping plan, along the US1/64 widening corridor, to help soften the appearance of noise walls, guardrail and dress up the Walnut Street and Cary Parkway interchanges. The standard landscaping plan only addresses disturbed areas with grass seeding and reforestation.
The purpose of this staff report is detail the proposed landscaping plan with enhancements and outline associated Town of Cary maintenance responsibilities. The proposed landscaping plan is attached to and incorporated in these minutes as Exhibit E. Installation is scheduled to begin in September 2007.
Proposed Landscaping Plan Details
Sheet L2 of the landscaping plan is a breakdown plant types, sizes and quantities per sheet. Sheet L3 and L3A include planting details. Proposed enhanced plantings are shown by symbol and labeled on the landscaping plan sheets (L4 – L17). Proposed areas of reforestation are shown with green hatching and include approximately 300 plants per acre.
The planting height for trees proposed in front of the noise walls are in the 7 to 8 foot tall range and include the following:
The October Glory Red Maple. This deciduous tree is commonly used to line drives or boulevards and has an attractive display of color in the fall. It’s a fast growing tree that requires minimal attention and quickly matures reaching up to 40 feet tall.
The Yoshino Cryptomeria. This evergreen tree keeps its deep green color all year, provides a good screen and has a solid root system that lets it adapt to almost any soil type. It can grow 3 to 5 feet per year, reaches 30 to 40 feet tall and 15 to 20 feet wide.
Bracken’s Brown Beauty Magnolia. This tree noted for its leathery evergreen leaves and attractive flowers. It typically grows to 40 feet tall, provides a dense screen, and is tolerant of many urban pollutants and soil extremes.
Southern Wax Myrtles are proposed behind guardrails in two staggered rows. They are fast growing evergreens that reach 15 – 20 feet tall, are heat and drought tolerant and grow freely in poor soil.
Landscaping for the Walnut Street Gateway Wall is detailed on page L17. The Gateway Wall and associated plantings were included as part of the original Municipal Agreement with NCDOT which was executed on October 20, 2004. Plant types proposed for the Cary Parkway interchange are similar to those proposed for the Walnut Street Gateway Wall.
In addition to this plan, the Town’s Parks Recreation & Cultural Resources Department has prepared a separate landscaping plan, outside NCDOT right-of-way, for the pedestrian bridge and approaches adjacent to Wellington Ridge Condominiums and MacDonald Woods Park. PRCR has procured a contractor and will begin planting this spring as NCDOT completes work on the pedestrian bridge and approaches.
Associated Town of Cary Maintenance Requirements
NCDOT will require a Municipal Agreement to be executed, with the Town of Cary, prior to installation of any enhanced landscaping. NCDOT has indicated the Agreement will not be prepared until mid to late summer. However, NCDOT has indicated the terms of the agreement should be standard and include the following:
NCDOT will pay for the landscaping.
NCDOT will hire a landscaping contractor to furnish and install the proposed landscaping plan with enhancements.
NCDOT will require the landscaping contractor to provide a 1-year establishment period. All materials planted will have a 1-year warranty.
NCDOT will turn over landscaping maintenance, at the interchanges only, to the Town of Cary after the 1-year warranty has expired.
Fiscal Impact: None until the 1-year warranty has expired. Public Works will continue to evaluate workload requirements and leverage existing work force capacity to the degree possible after the 1-year warranty has expired. Current estimates indicate that the full year workload around these interchanges will require 3.5 full time equivalents and cost approximately $245,000 annually, including the amortized cost of the additional equipment that will be required. Based upon the timing of plantings and the 1-year warranty period, it is not anticipated that additional Town resources will be needed before FY2009.
Staff Recommendation: Approve the landscaping plan and authorize execution of agreement (including resolution) following the normal legal and financial reviews.
This item was pulled from the consent agenda for discussion.
Mrs. Robinson stated the two issues are landscaping and sound walls. She’s particularly concerned with the treatment of the sound walls right on the road.
Mr. Brown of the engineering staff reviewed the staff report. Mr. Bajorek of the public works and utilities department spoke about maintenance of the landscaping. He stated there is 1.6 million square feet of landscaped area that the Town will maintain in this area (from Walnut Street and down the ramp on both sides and also on both sides of the wall and by the Cary Parkway cloverleaf from ramp to ramp on both sides). He stated it will cost over $65,000 for mulch for the area on an annual basis because of the size of the beds. He stated these are preliminary estimates based on their experience. He stated one person can cut about 90,000 square feet of turf a day. He stated the cost estimate was developed on the Cary Parkway model, which is based on a five-day cycle. He stated the level of service for the 1/64 area can be reduced (i.e., seven-day cycle) to reduce costs. He stated staff is planning the area as a true gateway for people using the ramps to enter Cary. He acknowledged that council may want to consider lowering the level of service since motorists will drive fairly quickly down the ramps and they may not appreciate the meticulously maintained ramps.
Mrs. Robinson asked if staff can reduce the area that is maintained to the high standard (periphery) and have a reforested area for other portions of the land. Mr. Bajorek stated the plan is to reforest a large part of the area, but it takes a while to grow to be in a position not to require maintenance.
Mayor McAlister asked DOT’s cost for installation of materials. Mr. Brown stated he does not have the cost, since DOT is providing it. Mr. Bajorek stated Cary’s cost is estimated to be $156,000 annually for staff; $65,000 annually for mulch and plant materials, and $11,000 annually for equipment cost. He stated because of the scope of the area, the additional staff will only focus their time and the equipment on this one area.
Ms. Dorrel asked how this standard compares to NCDOT’s standard for maintenance. Mr. Bajorek stated this standard is a five-day cycle; NCDOT commits to cutting four times per season. Ms. Dorrel stated a seven-day cycle may be an alternative.
Mr. Roseland asked about financing for the project. Mr. Brown stated the Town has entered into a municipal agreement with DOT to pay for some of the work around the Walnut Street/Cary Parkway interchanges and primarily to accelerate the project and to construct the gateway feature at Walnut Street. Mr. Roseland asked who owns the medians. Mr. Brown stated it is a state highway. Mr. Roseland asked if Cary could only maintain the focal point at the entrance and allow DOT to maintain the rest of it. Mr. Brown stated the original agreement called for DOT to provide the landscaping at the Walnut Street interchange with Cary maintaining it, and that is not part of this staff report tonight. He clarified that there are two elements to the landscaping: (1) the reforestation, which is the basic landscaping that DOT replaces along the corridor to meet their environmental permits, to re-establish vegetation in the buffers and in front of and behind the walls (this is not in this staff report), and (2) the enhanced landscaping along the corridor to complete the Walnut Street ramps down to the Cary Parkway interchange to enhance the appearance.
Mr. Roseland asked if this could be considered for Powell Bill funding. Mr. Bajorek stated the Town is reimbursed by DOT for some maintenance on other streets (i.e., Cary Parkway, High House Road, etc.); however, when the Town enters into an agreement with DOT for enhanced planting, then DOT signs over the maintenance to Cary. He added that DOT would only require that Cary maintain the landscaping to the DOT minimum standard.
Mrs. Robinson stated staff should continue to look at ways to reduce the landscaping cost.
Mrs. Robison stated there is a significant investment of Town funds at this interchange, and she stated the council should not shortchange the aesthetics. She believes staff will be as efficient as possible.
Mayor McAlister stated the council will see this again in the 2009 budget.
Mrs. Robinson stated the second issue is the sound walls that are immediately adjacent to the roadway. She stated there’s no landscape buffer between the road and the sound walls. She thinks it’s an eyesore, and she asked Mr. Brown what can be done to improve the aesthetics of those sound walls. Mr. Brown stated in some locations the sound wall is close the highway because of a stream crossing at those locations. He stated it would cost more to move the walls away from the highway and to install culverts and provide fill material and rebuild the walls. He stated there could also be environmental permit issues with the stream buffers. Mr. Brown stated the walls in these areas could be painted or provided with a stucco coating to change the appearance (texture and color). He stated an engineering analysis would be required to change the structure of the wall (i.e., brick or veneer panels, etc.). He stated public art could enhance the appearance, and depending on the type of art, it may also have structural implications. He stated staff can study this and bring a report back to council.
Mrs. Robinson asked if a growing vine could be planted to cover the wall. Mr. Brown stated staff can investigate this.
Ms. Dorrel suggested that staff work with the public art advisory board to explore potential public art options.
In the future, Mrs. Robison and Mrs. Robinson would like sound walls to use materials other than concrete slabs.
Mrs. Robinson would like to see staff look at capabilities with the structure and bring in horticulturists to determine options. She stated it is difficult to interpret the plan. She wants to make sure walls that are perpendicular to the roadways are heavily landscaped.
Staff to come back to council with options to improve the sound wall aesthetics in the locations mentioned by council.
Mr. Bailey requested council approval to authorize staff to execute the agreement and resolution when provided by DOT, with the particular items discussed herein coming back to council at a future meeting.
ACTION: Mayor Pro Tem Smith moved to approve the agreement (will be prepared by DOT); Mrs. Robison provided the second; council granted unanimous approval.
(Resolution will be included in the town clerk’s office when it’s received from DOT. It’s incorporated herein by reference.)
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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. Consideration of adoption of a resolution to extend the stay on annexations within Chatham County and adoption of a revised project schedule for the Chatham-Cary joint land use plan. Council may take action. (Mr. Jeff Ulma)
STAFF REPORT
A. Summary At the March 22, 2007, regular Council meeting, Town Council approved staff report PL07-030 “Cary-Chatham Joint Plan Project Update” (see Agenda item G.2 for the March 22 Council meeting), and directed staff to proceed to develop a Resolution for Council consideration at their April 12 meeting. The recommendations included in the attached Resolution are as follows: 1. Adopt a revised project schedule for the Chatham-Cary Joint Land Use Plan to reflect project delays that have occurred to date, including delay resulting from the February 20 joint work session of the Cary Town Council and the Chatham County Board of Commissioners. The recommended revised schedule is included below as Attachment 2. 2. Request that the Chatham County Board of Commissioners also endorse and adopt the revised schedule given in Attachment 2. 3. Extend the official stay on annexation requests for properties within Chatham County until September 28, 2007 – a full year beyond the end date of the original stay on annexations. However, Town Council may remove the stay on annexations in the event that either: a. Feedback and direction is not provided by the Chatham County Board of Commissioners or Planning Board in a timely manner and in general accordance with the adopted project schedule, or b. Consensus on the fundamental recommendations, vision, and elements of the plan drafts is not achieved between the Chatham Board of Commissioners and the Cary Town Council at the necessary points in the revised project schedule.
The proposed Resolution is included as Attachment 1, below.
B. Recommendation Adopt the attached Resolution and Revised Project Schedule, and then forward same to the Chatham County Board of Commissioners for their consideration.
C. Fiscal Impact: None. Work on the project is being done by Town and County staff.
Attachment 1
RESOLUTION AMENDING THE CHATHAM-CARY JOINT LAND USE PLAN PROJECT SCHEDULE, AND EXTENDING THE CARY TOWN COUNCIL’S STAY ON CONSIDERATION OF VOLUNTARY ANNEXATION PETITIONS FOR PROPERTIES WITHIN CHATHAM COUNTY
WHEREAS, on December 15, 2005, the Cary Town Council adopted a joint Resolution Supporting Joint Planning Between Chatham County and the Town of Cary for the area in eastern Chatham County located east of Jordan Lake, west of the Wake County/Chatham County line, south of the Durham County Line, and north of White Oak Creek; and,
WHEREAS, the Chatham County Board of Commissioners adopted said joint Resolution on December 12, 2005; and,
WHEREAS, the 2005 Resolution Supporting Joint Planning Between Chatham County and the Town of Cary included a preliminary timeline for the joint planning effort which called for final adoption of the Joint Plan by September 2006; and,
WHEREAS, on December 12, 2005, the Chatham County Board of Commissioners also adopted a Resolution Regarding Annexation By The Town Of Cary Within Chatham County, requesting that the Town of Cary not consider requests for annexation of lands within Chatham County until such time as the joint plan could be formulated; and,
WHEREAS, in response to Chatham County’s annexation resolution, the Cary Town Council did, on December 15, 2005, agree that the Town of Cary would not voluntarily annex lands in Chatham County until the earlier of (a) adoption of a joint plan or (b) September 2006; and,
WHEREAS, project delays led to adoption of a revised, extended schedule by the Cary Town Council on July 27, 2006, with concurrence by the Chatham County Board of Commissioners on August 7, 2006, calling for final adoption of a joint plan by the second quarter of 2007; and,
WHEREAS, a joint work session of the Cary Town Council and the Chatham Board of Commissioners, held on February 20, 2007, occurred approximately three months behind schedule; and,
WHEREAS, actions at and following the February 20, 2007, joint work session of the Cary Town Council and the Chatham Board of Commissioners will result in the need for additional time to complete plan development; and,
WHEREAS, in due consideration of the progress made over the past fifteen months in developing the joint plan, and as an expression of good will and faith in the joint planning process, the Cary Town Council has informally continued the Town of Cary’s stay on voluntary annexations of lands within Chatham County, representing at least six months of time beyond the original expiration; and,
WHEREAS, the Town of Cary has received inquiries from landowners in Chatham County who wish to know when the current informal stay on voluntary annexations might be lifted; and,
WHEREAS, the Town seeks to establish a fair, transparent, reasonable, and dependable climate in which landowners can reasonably plan for their property; and
WHEREAS, a revised project schedule for the Chatham-Cary Joint Land Use Plan project has been prepared that reflects and accounts for recent project delays, as described herein as Attachment 2; and
WHEREAS, the Town of Cary remains committed to the joint planning process with Chatham County;
NOW, THEREFORE, BE IT RESOLVED that the Cary Town Council endorses and adopts the revised project schedule included herein as Attachment 2 and respectfully requests that the Chatham County Board of Commissioners also endorse and adopt this new schedule; and,
BE IT FURTHER RESOLVED that, to the extent it can lawfully comply, the Cary Town Council extends its stay on consideration of voluntary annexation requests for lands within Chatham County until the earlier of (a) adoption of a joint plan or (b) September 28, 2007. In the event that feedback and direction is not provided by the Chatham County Board of Commissioners or Planning Board in a timely manner and in general accordance with the adopted project schedule, or if consensus on the fundamental recommendations, vision, and elements of the plan drafts is not achieved between the Chatham County Board of Commissioners and the Cary Town Council at the necessary points in the revised project schedule, then the Town of Cary may elect to remove the stay on consideration of voluntary annexations prior to September 28, 2007.
ADOPTED by the Cary Town Council this 12th day of April, 2007.
Attachment 2
Chatham-Cary Joint Land Use Plan
Revised Project Schedule, April 12, 2007
Mayor McAlister asked the status of the projects that were in the pipeline when the annexation moratorium was originally adopted. Mr. Ramage of the planning staff stated at the time of adoption of the resolution in December 2005 there were two annexation requests in process; one was withdrawn and for the other the property owner elected to table it until the joint plan is adopted. Mr. Ramage stated the property owner has agreed to table it further to allow more work to be done on the joint plan.
Mrs. Robinson asked if staff received feedback from Chatham County property owners on extending the stay on annexations. Mr. Ramage stated staff has not received any direct feedback.
Mr. Portman stated this resolution and revised schedule shows good faith on the council’s part; however, this cannot go on indefinitely. Mr. Ramage stated there is clause that stipulates that the council may withdraw the stay on annexations if the planning process stalls before the anticipated plan completion date.
ACTION: Mr. Portman moved to approve the resolution and revised schedule. Mr. Roseland provided the second, and council granted unanimous approval.
(Resolution is also on file in the town clerk’s office.)
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Mrs. Robinson stated at the last council meeting Mr. Bailey informed council that DOT has a new standard where they do not allow landscaping in a median that is less than eight feet in width. She would like to understand if this is a firm policy and if staff is willing to talk to DOT about this further on behalf of council. Mr. Bailey believes the policy is firm; however, he believes there are options, and he will bring a staff report through committee to share options with council.
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I. CLOSED SESSION
ACTION: Pursuant to G.S. 143-318.11(a)(3), Mayor Pro Tem Smith moved to conduct a closed session for the following purpose, which was seconded by Mrs. Robison and unanimously approved by council: 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.
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J. ADJOURNMENT
ACTION: At 8:01 p.m. Mayor Pro Tem Smith moved to adjourn. Mrs. Robison provided the second, and council granted unanimous approval. (Mrs. Robinson left the meeting before closed session and was not excused; therefore, the record reflects an “aye” vote for her.)
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