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) (Mrs. Robinson)

a.   Recognition of Developer Funding for Tryon Village (EN07‑093)
Committee unanimously recommended recognition of a $48,840 payment from the Tryon Village developers and appropriation of said funds to the Public Works Operations Operating Budget.

STAFF REPORT

Operations Committee, April 5, 2007

Recognition of Developer Funding for Tryon Village (EN07-093)
Recognition of a payment of $48,840 from the developers of Tryon Village at the intersection of Walnut Street and Tryon Road
Speaker:  Mr. Steve Brown

 

From:  Tim Bailey, P.E. Director of Engineering
Prepared by:  Dale W. Privette, P.E. Senior Engineer
Approved by:  William B. Coleman, Jr., Town Manager
Approved by:  Benjamin T. Shivar, Assistant Town Manager

Construction of the Tryon Village commercial phase is ongoing at this intersection.  The developers (Midland Atlantic Development) have decided to place all the existing aerial utility cables underground along Tryon Road along the commercial site’s frontage from Walnut Street to the western corner of the property.  The Town of Cary’s fiber cable is one of these aerial cables that will be relocated underground. 

Town of Cary Public Works personnel will provide these services, and construction is expected to start in early March.  Staff provided a cost quote to the developers and they agreed to fund these modifications.  Payment in the quoted amount was received on January 23, 2007.   

Fiscal Impact:  The Town will not incur net costs associated with providing these services.  Should actual costs be less than estimated (quoted) amounts, staff will reimburse the difference to the developers. 

Staff Recommendation:   Staff recommends recognition of the $48,840 payment by the Tryon Village developers and appropriation to the Public Works Operations supply account.

ACTION: Mr. Roseland moved to approve the consent agenda with the exception of item 3.m., 1/64 landscaping plan. Mrs. Robinson provided the second, and council granted unanimous approval. (Mayor Pro Tem Smith was absent for this vote.)

_________________________

b.   Right of Way Closure Request (EN07-094)
Committee unanimously recommended approving a resolution of intent directing Orleans Homebuilders, Inc., to close a portion of the right of way of Yates Store Road and scheduling a public hearing for June 14, 2007.

STAFF REPORT

Operations Committee, April 5, 2007

Right of Way Closure Request (EN07-094)

Consideration of request for Orleans Homebuilders, Inc., to close a portion of the right of way of Yates Store Road
Speaker:  Mr. Steve Brown

From:  Tim Bailey, Engineering Director
Prepared by:  Tommy Cline, Real Estate Specialist
Approved by:  William B. Coleman, Jr., Town Manager
Approved by:  Benjamin T. Shivar, Assistant Town Manager

Upon approval of Forest Oaks P.D.D., the developer was required to improve a section of Yates Store Road between Green Level Church Road and New Hope Church Road.  Their improvements required the re-alignment of a portion of Yates Store Road.  On February 17, 2004, the Cary Town Council approved a request to the Department of Transportation to abandon certain portions of Yates Store Road, as described on the attached Exhibit A.  On July 7, 2005, the Board of Transportation approved the request to delete those certain portions of Yates Store Road from the State Highway System.  NCDOT has requested of the developer that the developer also seek concurrence from the Town of Cary in this closing.

The existing and proposed realignment are all on one parcel.  The current owner, Orleans Homebuilders, Inc., is requesting to close the portions of Yates Store Road right of way that have been re-aligned.  No one will be denied access because of this closing since new right of way will be dedicated prior to the actual abandonment and closure of portions of Yates Store Road.  Staff concurs with this request.

Fiscal Impact:  There is no fiscal impact of this right of way closing request.

Staff Recommendation:  Staff recommends approval of a resolution of intent for the closing of a portion of the right of way of Yates Store Road and scheduling a public hearing for June 14, 2007.

TOWN OF CARY

RESOLUTION OF INTENT

STREET CLOSING

A RESOLUTION DECLARING THE INTENTION OF THE TOWN COUNCIL TO CONSIDER THE CLOSING OF portions of Yates Store Road (SR 1716) as described on the attached Exhibit A.

WHEREAS, G.S. 160A-299 authorizes the Town Council of the Town of Cary to close public streets; and

WHEREAS, the Board of Transportation approved the request to delete said portions of Yates Store Road from the State Highway System; and,

WHEREAS, the Town Council of the Town of Cary considers it advisable to conduct a public hearing for the purpose of giving consideration to the closing of the below described areas.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Cary meeting in regular session that:

            (1)  A meeting will be held at 6:30 p.m. on the 14th day of June, 2007 in the Cary Town Hall to consider a resolution closing portions of the above referenced street(s).

            (2)  The Town Clerk is hereby directed to publish this resolution once a week for four consecutive weeks in The Cary News.

            (3)  The Town Clerk is further directed to transmit by certified mail to each owner of property abutting upon that portion of said street a copy of this Resolution of Intent;

EXHIBIT A

YATES STORE ROAD (SR 1716) R/W ABANDONMENT

AREA #1 TO BE ABANDONED

Beginning at a point, said point having North Carolina grid coordinates (NAD 83) N=746,788.8432 and E=2,025,869.8372, thence  S 77°01'31" W a distance of 64.62 feet to a point; thence  N 34°46'52" W a distance of 72.57 feet to a point; thence  N 36°08'50" W a distance of 99.58 feet to a point; thence  N 35°42'07" W a distance of 50.45 feet to a point; thence  N 34°15'11" W a distance of 26.66 feet to a point; thence  N 13°20'09" W a distance of 257.83 feet to a point; thence along a curve to the right with a radius of 689.00 feet, a chord bearing of N 06°14'15" W, a chord distance of 170.28 feet, with an interior angle of 14°11'46" and an arc length of 170.71 feet to a point; thence  N 00°51'38" E a distance of 254.87 feet to a point; thence along a curve to the left with a radius of 1,142.50 feet, a chord bearing of N 05°38'23" W, a chord distance of 258.68 feet, with an interior angle of 13°00'02" and an arc length of 259.24 feet to a point; thence along a curve to the right with a radius of 30.00 feet, a chord bearing of N 07°19'50" E, a chord distance of 20.00 feet, with an interior angle of 38°56'28" and an arc length of 20.39 feet to a point; thence  S 13°09'18" E a distance of 36.69 feet to a point; thence  S 09°45'21" E a distance of 51.38 feet to a point; thence  S 07°21'14" E a distance of 50.94 feet to a point; thence  S 05°21'02" E a distance of 51.44 feet to a point; thence  S 01°39'56" E a distance of 51.10 feet to a point; thence  S 00°37'45" E a distance of 50.61 feet to a point; thence  S 00°51'38" W a distance of 50.42 feet to a point; thence  S 01°02'18" W a distance of 50.23 feet to a point; thence  S 02°10'24" W a distance of 49.99 feet to a point; thence  S 01°28'16" W a distance of 49.45 feet to a point; thence  S 00°55'02" W a distance of 48.90 feet to a point; thence  S 01°53'59" E a distance of 48.79 feet to a point; thence  S 04°26'19" E a distance of 47.61 feet to a point; thence  S 09°39'29" E a distance of 47.00 feet to a point; thence  S 15°42'54" E a distance of 47.25 feet to a point; thence  S 20°12'39" E a distance of 47.81 feet to a point; thence  S 24°10'51" E a distance of 48.03 feet to a point; thence  S 27°22'01" E a distance of 48.21 feet to a point; thence  S 30°45'31" E a distance of 48.19 feet to a point; thence  S 34°15'11" E a distance of 48.69 feet to a point; thence  S 35°42'07" E a distance of 49.46 feet to a point; thence  S 36°08'50" E a distance of 100.06 feet to a point; thence  S 34°46'52" E a distance of 97.29 feet to the point of beginning; containing approximately 26,671 square feet or 0.61 acres.

AREA #2 TO BE ABANDONED

Beginning at a point, said point having North Carolina grid coordinates (NAD 83) N=748,027.6453 and E=2,025,537.8247, thence in a northwesterly direction with a non tangent curve turning to the right with a radius of 30.00 feet, having a chord bearing of N 31°14'55" W and a chord distance of 16.99, having a interior angle of 32°53'57" and an arc length of 17.23 to a point; thence with a bearing of N 14°47'57" W a distance of 63.53 feet to a point; thence with a bearing of S 19°40'19" E a distance of 14.95 feet to a point; thence with a bearing of S 18°16'39" E a distance of 50.73 feet to a point; thence with a bearing of S 16°39'23" E a distance of 14.31 feet to the point of beginning, containing 192 square feet or 0.00 acres.

ACTION: Mr. Roseland moved to approve the consent agenda with the exception of item 3.m., 1/64 landscaping plan. Mrs. Robinson provided the second, and council granted unanimous approval. (Mayor Pro Tem Smith was absent for this vote.)

(Resolution is also on file in the town clerk’s office.)

_________________________

c.   Columbia Avenue Petition for Sewer Service (EN07-095)
Committee unanimously recommended approving the petition submitted by Columbia Avenue residents requesting municipal sewer service and further recommended including the Columbia Avenue sewer extension as part of the Woodland Drive Sewer Extension Project.

STAFF REPORT

Operations Committee, April 5, 2007

Columbia Avenue Petition for Sewer Service (EN07-095)
Consideration of a petition submitted by residents along Columbia Avenue requesting municipal sewer service
Speaker:  Mr. Steve Brown

From:  Tim Bailey, PE, Engineering Director
Prepared by:  Robert Hirt, Engineer
Approved by:  William B. Coleman, Jr., Town Manager
Approved by:  Benjamin T. Shivar, Assistant Town Manager

Residents along Columbia Avenue, which were annexed by the Town of Cary effective June 30, 2003, have submitted a petition requesting municipal sewer service.  The petition, which was submitted by residents owning property fronting Chapel Hill Road and Columbia Avenue, meets the participation percentage requirements outlined by Policy Statement 23, “Water and Wastewater System Extension and Connection Policy.”  Some of these residents already had access to Cary water at the time of annexation, and for others, it was extended to them through the petition process shortly after being annexed.  One resident who is utilizing a well desires to connect to Cary water once sewer service is extended.

Policy 23 requires that all sufficient petitions for sewer service consist of 50% or more of the property owners who own property adjacent to 50% or more of the frontage along the proposed sewer alignment.  Of the residents requesting sewer service by petition, there were two properties represented by the petition out of a potential three properties that were eligible.  Within the next three months, Staff will advertise to bid the Woodland Drive Sewer Extension Project (SW5010).  The two petitioning properties abut the limits of this project.  A short sewer extension along Columbia Avenue from the end of the Woodland Drive Sewer Extension Project consisting of one manhole and approximately 250 feet of pipe would accommodate both petitioners and the third property that did not petition.

When the Woodland Drive Sewer petition was being assembled, Staff considered Woodland Drive, Lake Drive, and Columbia Avenue more or less independent of each other.  At that time, only the owner at 9410 Chapel Hill Road petitioned for sewer along Columbia Avenue.  Shortly after the petition circulated, the ownership at 9402 Chapel Hill Road changed and the new (current) owner did not have an opportunity to be considered.  It was only within the past six months that the owner of 9402 Chapel Hill Road learned of the Woodland Drive project and brought this petition along Columbia Drive forward.

As a condition of Policy 23, the petitioning property owners have agreed to pay their corresponding sewer (and water) development fees.  Since the properties in the petitioning community were annexed during the 2003 annexation, the same fee schedules utilized by the other 2003 annexation communities, (including Hillsdale Forest, Triangle Forest and Summerwinds) would be utilized upon approval of their petition.  As a result, no connection fees would be charged to those petitioning property owners who pay their development fees on schedule.

Fiscal Impact:  Pending approval of the petition, funding would be provided by the sewer account created to fund petition initiated sewer extension projects.  Project SW1087 was created during the 2003 fiscal year to fund sewer extensions to serve established residential communities annexed during 2003 and other communities as necessary inside the Town limits that do not have access to municipal sewer service.  Project SW1087 currently has a balance of $1,606,616 to fund new petition-initiated projects.  In order to establish project funding for the proposed sewer extension along Columbia Avenue, $23,000 will be transferred from SW1087 in conjunction with the bid award to the construction account of the Woodland Drive Sewer Extension Project (SW5010).  This estimate is based on construction in conjunction with the larger Woodland Drive Project.  If constructed on its own at a later time, the costs would be expected to exceed this estimate.

Staff Recommendation:  Staff recommends approving the petition submitted by the residents along Columbia Avenue requesting municipal sewer service.  Staff further recommends including the Columbia Avenue sewer extension as part of the Woodland Drive Sewer Extension Project (SW5010).  The Columbia Avenue sewer line has already been incorporated into the Woodland Drive project as a bid alternate and will not in any way delay the delivery of the Woodland Drive Sewer Extension Project.

ACTION: Mr. Roseland moved to approve the consent agenda with the exception of item 3.m., 1/64 landscaping plan. Mrs. Robinson provided the second, and council granted unanimous approval. (Mayor Pro Tem Smith was absent for this vote.)

_________________________

d.   Geotechnical and Construction Materials Testing and Engineering Inspection Services for the SW Maynard Road Project (EN07-096)
Committee unanimously recommended that a contract be awarded to URS Corporation for $97,197 representing a preliminary determination as to the qualifications of this consulting firm with no legally binding acceptance of this award occurs until the Town has executed a written agreement.

STAFF REPORT

Operations Committee, April 5, 2007

Geotechnical and Construction Materials Testing and Engineering Inspection Services for the SW Maynard Road Project (EN07-096)
Consideration of awarding a contract for geotechnical and construction materials testing and engineering services for box culvert inspection

Speaker:  Mr. Steve Brown

From:  Tim Bailey, PE, Engineering Director
Prepared by:  Tom Ellis, PE, Senior Engineer
Approved by:  William B. Coleman, Jr., Town Manager
Approved by:  Benjamin T. Shivar, Assistant Town Manager

Staff prepared a Request for Proposals for engineering consultants to provide geotechnical and construction materials testing and box culvert construction inspection services for the SW Maynard Road Widening Project from West Chatham Street to Kildaire Farm Road.  These services are required to ensure that the roadway and box culvert are constructed in accordance with the contract drawings and specifications.  The box culvert has dual 9 foot by 8 foot openings and will be installed under SW Maynard Road just west of Pamlico Drive and adjacent to the new stream restoration work along the tributary that parallels the Higgins Greenway Trail. 

Below is a list of the five firms who submitted proposals for this work and their fees:

Each proposal was thoroughly reviewed to determine whether each firm understood the scope of services involved and has the background and experience necessary to successfully perform the required services for this project.

It was determined that URS Corporation had the best overall understanding of the project scope as well as the best overall background and experience.  URS Corporation is currently performing similar services with the Town of Cary on the Tryon Road Widening project.  They also have experience with stream restoration construction administration which will be beneficial for coordinating construction of the box culvert with the adjacent stream restoration work.  Review of ESP Associates proposal revealed limited experience in both box culvert inspection work as well as construction testing on NCDOT roadway widening projects similar to SW Maynard Road.

Fiscal Impact: 

Funding:  These services will be funded with already appropriated funds within the ST1005 Maynard Widening – Kildaire/W. Chatham project.   Appropriations-to-date for ST1005 total $11,620,000.  Expenditures/encumbrances-to-date currently total $10,005,369 leaving an available project balance of $1,614,631.

Operating:  There are no operating impacts associated with this project.

Staff Recommendation:  Staff recommends that a contract be awarded to URS Corporation for $97,197.  This award (by Council) represents a preliminary determination as to the qualifications of this consulting firm and no legally binding acceptance of this award occurs until the Town has executed a written agreement.

ACTION: Mr. Roseland moved to approve the consent agenda with the exception of item 3.m., 1/64 landscaping plan. Mrs. Robinson provided the second, and council granted unanimous approval. (Mayor Pro Tem Smith was absent for this vote.)

_________________________

e.   Kildaire Farm Road Widening Project Condemnation Resolutions
(EN07-097)
Committee unanimously recommended approval and execution of condemnation resolutions related to securing necessary right of way and easements for the Kildaire Farm Road Widening Project.

STAFF REPORT

Operations Committee, April 5, 2007

Kildaire Farm Road Widening Project Condemnation Resolutions (EN07‑097)
Consideration of approval of condemnation resolutions related to securing necessary right of way and easements for the Kildaire Farm Road Widening Project
Speaker:  Mr. Steve Brown

From:  Tim Bailey, P.E., Engineering Director
Prepared by:  Yulonda Moore, Real Estate Specialist
Approved by:  William B. Coleman, Jr., Town Manager
Approved by:  Benjamin T. Shivar, Assistant Town Manager

Staff has been working with property owners to secure rights of way and other easements necessary for the roadway improvements associated with the Kildaire Farm Road Widening project from Palace Green 1.7 miles southward beyond Autumngate Drive.  Negotiations are ongoing and progress is being made toward reaching amicable solutions.  Staff is continuing to pull together information for the property owners to facilitate their understanding of the project and is also working with several owners seeking input into minor design changes.  In other cases, little headway is being made towards reaching an amicable settlement based on the difference between the compensation being offered and what the owner is requesting.

To minimize disruption to the construction schedule, Staff proposes approval of condemnation resolutions.  Staff will continue to work with property owners in an effort to reach a mutually agreeable settlement.  Condemnation Resolutions will be provided to the Town Council prior to the April 12, 2007 meeting.

The owners and properties affected are:

Townhome Association for Williamsburg Commons

PIN 076107599201

Hieu N. Pham & Thach Bao Doan

Location:  100 Travilah Oaks Lane

PIN 076103139792

Sherlee E. Johnson & Michael T. Jones

Location:  2615 Kildaire Farm Road

PIN 076106476719

COC Properties, Inc. & The Grocery Boys, Inc.

Location:  3000 Kildaire Farm Road

PIN 076110257687

COC Properties, Inc. & The Grocery Boys, Inc.

Location:  3002 Kildaire Farm Road

PIN 076110257543

Glenridge Community Association

Location:  101 Autumngate Drive

PIN 076103139315

Kildaire Penny Partners, LLC

Location:  2994 Kildaire Farm Road

PIN 076110258935

Barbara Whitt

Location:  3113 Kildaire Farm Road

PIN 076103243219

Clubcorp Golf of North Carolina, LLC

Location:  2511 Kildaire Farm Road

PIN 0761887110

Lochmere Association

PIN 076107589196

Lochmere Association

PIN 076107586113

Charles & Diana Jenkins

Location:  115 Running Creek Road

PIN 076110259277

Jing Fang

Location:  100 Steep Bank Drive

PIN 076110372231

Jeffery & Lisa Rider

Location:  3220 Kildaire Farm Road

PIN 076103136583

St. Francis United Methodist Church, Inc., a NC Non-profit Corporation

Location:  2909 Kildaire Farm Road

PIN 076110377030

St. Francis United Methodist Church, Inc., a NC Non-profit Corporation

Location:  2905 Kildaire Farm Road

St. Francis United Methodist Church, Inc., a NC Non-profit Corporation

Location:  2965 Kildaire Farm Road

PIN 076110365363

Lee Molstad, Trustee for the Murphy Charitable Trust

Location:  2701 Kildaire Farm Road

PIN 0761377716

Fiscal Impact:  The Town will incur the cost of eminent domain proceedings which are estimated to be initially between $1,600 and $5,000 and will be paid from existing and available funding within the Kildaire Farm Road Widening project (ST1084).

Staff Recommendation:  Staff recommends approval and execution of the resolutions authorizing condemnation.

ACTION: Mr. Roseland moved to approve the consent agenda with the exception of item 3.m., 1/64 landscaping plan. Mrs. Robinson provided the second, and council granted unanimous approval. (Mayor Pro Tem Smith was absent for this vote.)

(Resolutions are also on file in the town clerk’s office.)

_________________________

f.    2007 Street Improvements Project - Priority List (EN07-098)
Committee unanimously recommended approval of the attached list of streets for the 2007 Street Improvements Project.

STAFF REPORT

Operations Committee, April 5, 2007

2007 Street Improvements Project - Priority List (EN07-098)
Consideration of approval of the attached list of streets for the 2007 Street Improvements Project

Speaker:  Mr. Steve Brown

From:  Tim Bailey, P.E., Engineering Director
Prepared by:  Kristen Dwiggins, E.I., Engineer
Approved by:  William B. Coleman, Jr., Town Manager
Approved by:  Benjamin T. Shivar, Assistant Town Manager

Staff has prepared a priority list of streets to be upgraded as part of the 2007 Street Improvements Project based on the results of the 2007 Pavement Condition Survey prepared by US Infrastructure of Carolina, Inc. For the $1,000,000 budgeted for construction for this project, Staff has proposed that 59 street segments totaling 6.19 miles be included as part of the 2007 Street Improvements Project. The attached list includes those streets where the Pavement Condition Rating (PCR) is 30 or less.

Several sections of Weston Parkway received a PCR of 30 or less that are not included in the proposed priority list.  Due to the magnitude and nature of the repair work required on past projects, a separate project has been requested in the upcoming budget for Weston Parkway.

Staff, upon approval of the 2007 Street Improvements list, will make the list available for public input on the Town of Cary website. Design for the improvements will proceed, bids will be received and an award recommendation will be forwarded to the Operations Committee for approval in June 2007. If there are excess funds after the bid award, additional streets may be added by staff in priority order.

Fiscal Impact: 

Operating Impact:

This project provides for resurfacing of specific existing roadways within the Town of Cary.  There are no operating impacts associated with this work.

Funding:

The FY 2007 Capital Improvements Budget included a $1,000,000 appropriation to the ST1155 Street Improvement FY 07 project. The 2007 Pavement Condition Survey preparation utilized $37,750 of this appropriation. The remaining $962,250 was budgeted within the construction account to provide for resurfacing work and is available to fund the resurfacings noted on the attached FY 2007 street improvements priority list.

Staff Recommendation:  Staff recommends approval of the attached list for the 2007 Street Improvements Project.