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DRAFT (Contact the town clerk at 919-469-4011 for official minutes; no photos or images are included in this version)
Cary Town Council Minutes
These minutes are divided into sections due to their length. Click on the links within this document to view the full text minutes of particular sections.
Present: Mayor Ernie McAlister, Mayor Pro Tem Jack Smith, Council Members Marla Dorrel, Ervin Portman, Jennifer Robinson and Nels Roseland
Absent: Council Member Julie Robison
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. Robinson moved to adopt the agenda as presented. Mayor Pro Tem Smith provided the second, and council granted unanimous approval.
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B. CONSENT AGENDA
Ms. Dorrel pulled item B.3.u., Data Warehousing and Predictive Modeling Software, from the consent agenda for discussion.
1. Regular Consent Agenda (this link contains the full text minutes of the regular consent agenda items)
a. Consideration of approval of the minutes of the regular town council meeting held on May 24, 2007, and the minutes of the budget work session held on May 15, 2007. (Approved)
b. Consideration of activities to educate Cary voters on how to participate in this fall’s new Instant Runoff Voting (IRV) methodology. Council may take action. (Approved)
2. Land Development Consent Agenda (this link contains the full text minutes of the land development consent agenda items) a. West Lake Development
(1)
Citizen Initiated Annexation Petition 07-A-10
(2)
Rezoning 07-REZ-02, West Lake Planned Development District (PDD)
Amendment b. Gaglione Property development
(1)
Citizen Initiated Annexation Petition 07-A-13
(2)
Rezoning 07-REZ-07, Gaglione Property 3. Operations Committee, June 7, 2007 (this link contains the full text minutes of the operations committee consent agenda items)
a.
Bid Award – 2007 Street
Improvements Project
(EN07-115)
b.
Bid Award – Cary/Apex Water
Treatment
(EN07-117)
c.
Request to Release Church
Street Pump Station Easement
(EN07-118)
d.
High House Road Widening
Project: Funding Source Adjustment
(EN07-119)
e.
Bid Award – Woodland Drive
Sewer Extension Project
(EN07-122)
f.
Kildaire Farm Road Widening
Project Condemnation Resolution
(EN07-123)
g.
Walnut Street Widening Project
Condemnation Resolutions
(EN07-124)
h.
Bid Award – Kildaire Farm Road
Widening, Trinity Road Extension, Penny Road Water Line
(EN07-125)
i.
Reimbursement Contract Cash
Reimbursement Request
(EN07-126)
j.
Consideration of Granting an
Easement to Duke Power
(EN07-128)
k.
Request for Additional
Appropriation to Self-insurance Fund
(FN07-010)
l.
Request for Additional
Appropriation to Self-insurance Fund
(HR07-005)
m.
Amendments to Stop Street
Schedules
(PD07-017)
n.
Budget Adjustment: Recognition
of Donations
(PR07-028)
o.
Request for Grant Budget
Adjustment (PR07-030)
p.
Request for Approval of
Amendment No. 2 to Interlocal Agreement for Western Wake Regional
Wastewater Management Facilities
(PWUT07-023)
q.
NCDOT Utility, Sidewalk and
Traffic Signal Mast Arm Municipal Agreements – NCDOT U 2804B
(EN07-129)
r.
Connemara Drive (Somerset Division) Traffic Calming (EN07-112)
s.
Selection of Design Team for
the Cary Community Aquatic Center
(PR07-029)
t.
Mosquito Control Program
(PWUT07-022)
C. RECOGNITIONS, REPORTS, AND PRESENTATIONS
There were no recognitions, reports and presentations on this agenda.
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D. PUBLIC HEARINGS (this link contains the full text minutes of the public hearing items)
1.
Fiscal Year 2008 Budget
2.
Rezoning 07-REZ-09, Batchelor Property/Prentiss Creek
3.
Comprehensive Plan Amendment 07-CPA-04, Indian Wells
4.
Street Closing
E. PUBLIC SPEAKS OUT
Mr. Chris Telesca, a voting activist in Wake County, stated he is not sure what happened earlier on the agenda with Instant Runoff Voting and the funding for education purposes. Mayor McAlister stated this item was approved on the consent agenda, and there was no dollar amount from the Town of Cary associated with that approval. Mr. Telesca stated Cary is the only community in North Carolina that has passed Instand Runoff Voting. He stated four other communities considered it, but they turned it down. He distributed handouts that are attached to and incorporated in these minutes as Exhibit D. He stated there is only four months between now and the election to educate voters on a new method of voting and counting votes, and he is concerned with the cost of an education program in this timeframe. He stated some data shows that Instant Runoff Voting confuses voters, it fails to live up to expectations, it increases the cost of elections, and results in more difficulty in recounts and audits.
Mr. Chris Stallman on behalf of “DavisandHighHouse.org” stated the proposed developments are too dense for the area (Crosland and Searstone). They seek to hold Searstone to the currently approved plan, keep the Crosland density appropriate to their residential community (i.e., Stonecreek Village), stop approvals until the land use plan objectives can be achieved in a comprehensive way, and provide residents adequate opportunity to review, understand and comment on the plan.
Mr. Terry Buschbach spoke about the water pressure issue. He stated he designed his sprinkler system for 60 pounds; he’s now at 60 pounds on a good day but 40 pounds on many days. He stated on 5/30/07 he had 30 pounds of pressure. He stated there is a problem with the system. He sees in the staff report that 10 residents requested a review by staff; he and his neighbors did not know about this opportunity. He stated the water tower at Green Hope high school seems to be built too low. He does not think it’s a good idea to have booster pumps on individual lots; instead, he stated it needs to be addressed by central pumps and by designing more localized pressure zones if needed.
Ms. Brenda Carroll, a resident in the Somerset subdivision, stated when discussions were held with council a couple of years ago when another subdivision was coming on-line in between Berkley and Somerset, the residents did not realize the Town went to court about the commercial building at the front of her neighborhood. She stated they now have a proposal for another commercial building in their neighborhood that will result in more cut-through traffic in their subdivision.
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F. LAND DEVELOPMENT DISCUSSION ITEMS (this link contains the full text minutes of the land development discussion items) 1. Reedy Creek Development:
a.
Activity Center Concept Plan 05-AC-009, Reedy Creek
b.
Annexation Petition 06-A-01
2.
Rezoning 06-REZ-39, Cary Park Mixed Use Overlay District
G. COMMITTEE REPORTS (this link contains the full text minutes of the committee reports that were discussed)
Operations Committee, June 7, 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.
Highcroft Drive Safety and Traffic
Concerns
(EN07-113)
REVISED JUNE 11, 2007
2.
Mitigation
Options of Impacts to Individual Plumbing and Irrigation System
(EN07-121)
3. Data Warehousing and
Predictive Modeling Software
(TS07-001)
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 approval of revisions to the agreement between the Town of Cary, Wake County Public School System and the Cary Park developer approved by Council on January 25, 2007. The revisions pertain to removing the Cary Park developer as a party to the agreement. Council may take action. (Mrs. Mary Henderson)
STAFF REPORT
Council, June 14, 2007
Consideration of approval of revisions to the agreement
between the Town of Cary, Wake County Public School System and the Cary
Park developer approved by Council
January 25, 2007.
From: Mary G. Henderson, Director
On January 25, 2007 Council approved an agreement between the Town, Wake County Public Schools System and the Cary Park developer to locate an elementary and middle school on the existing Town property known as the Hawes Tract with a condition that all three parties agree to the terms of the agreement (PR07-18). WCPSS has now requested that all references to the role and involvement of the Cary Park developer be removed from the agreement and that the revised agreement be between the Town and WCPSS only. The other terms of the agreement remain intact.
A copy of the revised agreement is attached with revisions noted. The Town Attorney has discussed the changes with WCPSS staff, reviewed the proposed changes, and is satisfied with the revisions as noted.
According to officials with WCPSS, they are prepared to immediately move forward with plans to develop an elementary school and acquire the middle school site based on the terms of the agreement.
Fiscal Impact: This revision does not impact any fiscal obligations to either party from the initial agreement approved in January 25.
Staff Recommendation: Approval of the agreement with Wake County Public School System with the noted revisions.
STATE OF NORTH CAROLINA
COUNTY OF WAKE
AGREEMENT
THIS
AGREEMENT is made and entered into this ____ day of June, 2007, by and
between the Wake County Board of Education (Board) whose address is Wake
County Board of Education, Real Estate Services, Attn: Betty L. Parker,
Director, 1551 Rock Quarry Road, Raleigh, NC 27610,
and the Town of Cary, NC (Town)
whose address is Post Office Box 8005, Cary, NC 27512-8005.
WITNESSETH:
WHEREAS, PC-R, the developer of the Cary Park Planned Unit Development (“Cary Park”), to further its interests in developing Cary Park and Town policies and objectives for planned growth and economic development, entered into an Agreement dated November 16, 2001 (“2001 Agreement”) with Town whereby PC-R agreed, among other things, to ‘provide the amount of $5,500,000.00 for the construction of an elementary school (the “School”) on the Hawes Tract which obligation was secured by a letter of credit, a copy of which is attached hereto as Attachment A (“Existing Letter of Credit”); and
WHEREAS, the Town acquired the tract of land known as the Hawes Tract, which is located on Green Level to Durham Road (S.R. 1625) in Cary, and which is in close proximity to Cary Park . The Town has stated its intention to convey a portion of this tract at no cost to the Board for construction of an elementary school; and
WHEREAS, parties had an initial site in mind for an elementary school which site posed development problems, and Town and Board have identified a new portion of Hawes Tract for elementary school; and
WHEREAS,
WHEREAS, if Board does not construct an Elementary School as provided herein, that Board will reconvey the Elementary School site to Town in exchange for the amounts initially paid by Board to Town for its acquisition as specified hereinbelow; and
WHEREAS, Board also desires to build a Middle School on the Hawes Tract, and Town and Board desire to confirm their agreements that Town will provide land therefore at a cost that is substantially below market value, and that if Board does not construct a Middle School as provided herein, that Board will reconvey the Middle School site to Town in exchange for the amounts initially paid by Board to Town for its acquisition as specified hereinbelow; and
NOW THEREFORE, in consideration of the mutual goals and promises contained herein, and the mutual benefits to result, the parties agree as follows:
2. The purpose of this
Agreement is to facilitate construction by Board of a public elementary
school on the Hawes Tract with funds provided by PC-R, together with up
to 20 acres of land provided by Town of Cary at no cost. To this end,
the parties
agree
3. Board shall build a
public elementary school as described herein on approximately twenty
(20) acres of the Hawes’ Tract and generally in the location shown as
“Proposed Elementary School Site” on the concept plan attached hereto as
Attachment B and incorporated herein by reference (hereinafter referred
to as “School”). In reliance upon the
2001 Agreement,
Board anticipates that PC-R
b. The School will be initially constructed to accommodate not less than six hundred fifty (650) students, grades K-5. The actual capacity of the school may vary depending upon the class sizes that will be determined by the instructional program.
c. The School building is to consist of at least ninety thousand (90,000) square feet of floor area.
d. The School will be constructed to meet Wake County Public School System’s standards in effect at the commencement of construction and will consist of such facilities as the Board in its discretion deems beneficial or necessary to fulfill its program standards and accomplish the education goals set for the School.
e. The Board shall build School with a projected August 1, 2009 school opening date.
4. Within thirty days of Board’s written notice to the Town of Board appropriation of money for School construction and recordation by Board of a subdivision map, the Town shall convey to Board fee simple title to an approximately 50 acre tract (“Tract”) on Hawes Tract (generally in the location shown on the concept plan attached hereto as Attachment B, which consists of an approximate 20 acre Elementary School site (Site) and an approximate 30 acre building site for a future Board Middle School (Middle School Site). The 20 acre Site shall be conveyed at no cost to Board. Site is further identified as “Elementary School Site” on Attachment B, which is attached hereto and incorporated herein by reference. Board shall pay Town $21,225.00 per acre for all acreage in excess of 20 acres of Tract and shall pay all surveying, closing costs and other costs and expenses associated with this land transfer. Board shall bear the costs and expenses of preparing and recording a subdivision map that divides the Hawes parcel and specifically identifies the Tract, and also dedicates the new road that will extend from the western property line of Green Level to Durham Road to the southern property line of the Hawes parcel adjacent to the MI Homes property (“New Road”) as shown on the Concept Plan.
5. Should the Town convey Tract to Board and Board fails to initiate and complete School construction on School Site under terms and conditions of this Agreement, Board shall re-convey the Tract to Town upon payment by Town of an amount equal to the purchase price paid by Board. The Tract shall be re-conveyed without any encumbrances that attached during the Board’s period of ownership except those mandated by the Town and approved by the Town. The Tract shall be re-conveyed to Town at the earlier of sixty (60) days after Board’s decision not to build School or Board’s abandonment of School construction, or October 1, 2011. Board agrees to execute such agreements, deeds and instruments as Town may deem necessary to effect the purposes contemplated herein, including a Memorandum in recordable form evidencing this obligation to reconvey. Board agrees that this Agreement to reconvey shall survive the closing and may be enforced through specific performance. As to the potential reconveyance of the Middle School Site, see paragraph 15 hereinbelow.
6. Any utility easements customarily granted to the Town by Board in the process of development of land and for construction thereon of a public school will be provided by the Board at no costs to the Town. Any utility easements customarily granted to the Board by the Town in the process of development of land and construction thereon of a public school will be provided by the Town at no costs to the Board.
8. The Board is responsible for approving a student assignment plan for the new School, within the constraints of law. The approved plan will designate 200 student seats of the total number of seats available in the School, to which designated seats students who permanently reside in Cary Park will have first priority for assignment. If at the time the school initially opens there is not a sufficient number of students who permanently reside in Cary Park to fill the 200 designated seats, the Board may assign students who permanently reside outside of Cary Park to fill the available designated seats. Once the seats designated for students who permanently reside in Cary Park are filled by students who permanently reside outside of Cary Park, the Board will not be required to displace the assigned students. As seats become available at the school, students who permanently reside in Cary Park will have first priority to the seats for assignment, until the total number of students assigned to the School who permanently reside in Cary Park fully populate the 200 seat designation.
9. Town and Board shall agree upon the location and design, and shall share equally in the cost of design and construction of the road from the western property line of Green Level to Durham Road to the southern property line of Hawes tract adjacent to MI Homes property (“New Road”). Town and Board shall agree upon the location and design, and shall share equally in the cost of design and construction of a water line along New Road from the western property line of Green Level to Durham Road to the southern property line of Hawes tract adjacent to MI Homes property (“Water Line”). Board shall be responsible for all costs of extending water line from Tract boundary to School Site. Board is responsible for all other development costs including those related to utility extensions. Additionally, Town and Board shall agree upon the location and design, and shall share equally in the cost of design and construction of the shared drive access that will extend from the New Road in an easterly direction and that is contemplated to serve both Middle School traffic and Park traffic, as shown on the Concept Plan.
Other than as stated, the Board shall be responsible for the cost and installation of all improvements needed in the planning and construction of the School.
10. The Board is responsible for making its own connection to water and sewer lines. It shall also be responsible for such development requirements, approvals and fees as are customarily charged in the process of the development of land and construction thereon of a public school.
11. The proposed School Site shall be subject to reasonable site review and approval by the school system’s facilities staff, and shall be sufficient in size to meet the building requirements, including any new or expanded Cape Fear River basin buffer requirements, storm water management regulations, and limits on nitrogen level discharges as required by the State of North Carolina and/or the Town of Cary, North Carolina. Unless specifically raised prior to conveyance of the Tract, Board shall be deemed to have approved the Site in these respects.
12. The Site will be subject to environmental and geotechnical review by Board at Board’s expense and shall be zoned appropriately for the intended new School [and community park uses]. Unless specifically raised prior to conveyance of the Tract, Board shall be deemed to have approved the Site in these respects.
13. Board, its agents, employees or other representatives shall have the right during the term of this Agreement to go upon the Site for the purpose of making such surveys, engineering, topographical, geological and other tests and measurements including, but not limited to, soil tests, percolation tests and subsoil tests as Board deems necessary or advisable. Board agrees to return the Site to as near its original condition as is possible after completion of tests the Board or its agents conduct on the Site. Board indemnifies and holds Town harmless from loss, cost, damage or expense resulting from Board’s activities on Site for purposes contained herein. Such due diligence measures are sought to be performed prior to transfer of title of the Tract to Board, so that work can begin immediately upon transfer of title in a good faith effort to timely complete the School for opening.
14. Board and Town shall work jointly to coordinate the development of Middle School Site with a park site, and shall use their best efforts to enter into joint use agreements pertaining to the use of the respective sites.
15. Board must begin construction (obtain a building permit and commence construction work on Middle School Site) of a Middle School on or before August 1, 2011, or Middle School Site property (all acreage over the 20 acres used in development of elementary School) shall be re-conveyed to Town for the price paid by Board with no encumbrances that attached during the Board’s period of ownership other than those agreed to by Town. Board agrees that, if it has not begun construction of Middle School by the time a certificate of occupancy is issued for the School, Board will, at any time a written request for such is received from Town, subdivide the Tract so that there exists a legal lot that is School Site (approximately 20 acres) and a legal lot that is Middle School Site. The Middle School Site shall be re-conveyed to Town at the earlier of sixty (60) days after Board’s decision not to build School or Board’s abandonment of School construction, or October 1, 2011. Board agrees to execute such agreements, deeds and instruments as Town may deem necessary to affect the purposes contemplated herein, including a Memorandum in recordable form evidencing this reconveyance obligation. The Board agrees that this obligation to reconvey survives the closing and may be enforced by specific performance. In the event any defense is raised to an action for specific performance, Board agrees that the value of Middle School Site shall be it’s fair market value on August 1, 2011.
16.
Except as specified herein, this Agreement may be modified only by
written agreement of the parties hereto. As to paragraphs 4,5,6,9, 10,
11, 12, 13, 14 and 15,
this Agreement may be modified only by written agreement of Town and
Board. Unless otherwise provided herein or agreed in
writing, the Town’s offers to convey property described herein shall
terminate on December 31, 2009.
17. Title must be delivered at closing by Special Warranty Deed and must be fee simple marketable title, free of all encumbrances and assessments, except utility easements and unviolated restrictive covenants, neither of which materially affect the value of the Property and such other encumbrances as may be assumed or specifically approved by Buyer. The Property must have legal access to a public right-of-way.
18. This Agreement constitutes the entire understanding between the parties. Except as to the specific revisions and modifications set forth herein, the 2001 Agreement remains in full force and effect between the parties and is hereby ratified.
19. The parties agree to take such action and execute such other and further agreements, deeds and instruments as are necessary to effectuate the purposes hereof.
IN WITNESS WHEREOF, the
Board and
WAKE COUNTY BOARD OF EDUCATION
_________________________________________ Patti Head Chair
ATTEST: _________________________________ Del Burns, Secretary
TOWN OF CARY
__________________________________________ Mayor
ATTEST: __________________________________ Clerk of Town Board
Attachment A - Existing Letter of Credit, and Atachment B – concept plan, are attached to and incorporated in these minutes as Exhibit H.
Mayor McAlister asked if there are changes to any financial obligations. Town Attorney Chris Simpson stated the amended agreement only removes the Cary Park developer as a party to the argreement, and the Town will assign the letter of credit to the school board. She stated the school board concurs with this.
ACTION: Mr. Roseland moved to approve this item; Mrs. Robinson provided the second.
Mr. Portman asked if the Cary Park developer has met the obligation to fund the amounts due. Mrs. Simpson concurred.
ACTION: Vote was called for on the motion to approve, and council granted unanimous approval.
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