Click on links herein where shown for full text minutes of particular sections. Graphics are not included in these minutes, but they are included in the official minutes maintained by the town clerk.

Cary Town Council

Thursday, July 26, 2007

6:30 PM

Council Chambers

316 N. Academy Street, Cary, N.C.

Web Site:  www.townofcary.org

Present: Mayor Ernie McAlister, Mayor Pro Tem Jack Smith, Council Members Marla Dorrel, Ervin Portman and Nels Roseland; Council Members Jennifer Robinson and Julie Robison arrived late, and their arrival times are noted in the minutes.

A.   COMMENCEMENT

1.    Call to Order (Mayor McAlister)

Mayor McAlister called the meeting to order at 6:30 p.m.

_________________________

2.    Ceremonial Opening (Mr. Portman)

Council Member Jennifer Robinson arrived at 6:31 p.m.

Mr. Portman provided the ceremonial opening.

_________________________

3.   Adoption of agenda (Town Council)

The applicant has withdrawn agenda item B.2.a., Comprehensive Plan Amendment 07-CPA-02, Chapel Hill Road. Council may remove this item from the agenda.

ACTION: Mayor Pro Tem Smith moved to adopt the agenda with the amendment noted above. Mr. Roseland provided the second, and council granted unanimous approval. (Mrs. Robison was absent for this vote.)

_________________________

B.   CONSENT AGENDA

The council pulled items B.3.f. (requests for assistance with drainage) and B.4.a. (Land Development Ordinance text amendments, Round 9), for discussion.

1.   Regular Consent Agenda (click on this link for full text minutes of the regular consent agenda)

a.   Consideration of approval of the minutes of the regular town council meeting held on June 28, 2007, the minutes of the special town council meeting held on June 28, 2007, and the minutes of the work session held on July 10, 2007. (Approved)

b.   Consideration of amending the condemnation resolution approved for Ann R. Suggs for the Terrington Pump Station and Force Main Project. (Approved)

c.   Consideration of adoption of a certificate of sufficiency and resolution calling for a public hearing to be conducted on the following citizen-initiated annexation.

ANNEXATION PETITION 07-A-23
Property owner: Cary Creek LTD Partnership
Property location: 2,910 feet northeast of Cary Glen Boulevard and McCrimmon Parkway
Acreage: 6.86 acres
Zoning: Residential 40
Contiguous to Corporate Limits: Yes
Associated rezoning or development plan: 07-SP-037 ( Alston Town Apartments) 
Proposed use: Residential Multi-Family in a Mixed Use Overlay District
Speaker: Mr. Dan Matthys (Approved)
 

2.   Land Development Consent Agenda (click on this link for full text minutes of the land development consent agenda)

a.   Comprehensive Plan Amendment 07-CPA-02, Chapel Hill Road
Location: 7331 (portion) and 7425 Chapel Hill Road; southeast quadrant of Chapel Hill Road and Trinity Road intersection
Current Comprehensive Plan: Office/Industrial (OFC/IND), Office/Institutional (OFC/INS), and Commercial (COM)
Proposed Comprehensive Plan: Commercial (COM) and Office/Industrial (OFC/IND)
Acreage: 3.1 ±
Presenter: Ms. Meredith Chandler
Planning and Zoning Board Recommendation: unanimous recommendation to approve (withdrawn by applicant)

b.   SITE PLAN 07-SP-019, DAVIS DRIVE STORAGE
Location: southeast of the intersection of Davis Drive and Collins Road
Proposal: three mini-storage buildings with a total size of 87,096 square feet
Acreage: 3.02 acres
Associated Plan: Special Use 07-SU-002, approved by council on June 28, 2007
Presenter: Mr. Greg Barnes
Planning and Zoning Board Recommendation: unanimous recommendation to approve (Approved)

3.   Operations Committee, July 5, 2007 (click on this link for full text minutes of the operations committee consent agenda)

a.   Contract Award – Professional Services for the Cary/Apex Water Treatment Facility Phase II Residuals, Pumping and Chemical Feed Facilities Project (EN08-001)
Committee unanimously recommended awarding a contract for design and construction phase services for the Cary/Apex Water Treatment Facility Phase II Residuals, Pumping and Chemical Feed Facilities Project to HDR, Inc., with a not-to-exceed value of $1,308,231 and funding this professional services contract with contracted services funding from project WT1125. This award by Council represents a preliminary determination as to the qualifications of this consulting firm and no legally binding acceptance of this award will occur until the Town of Cary has executed a legally binding agreement. (Approved)

b.   Proposed Stormwater Detention Ordinance (EN08-002)
Committee unanimously recommended incorporating proposed stormwater detention ordinance into the next round of LDO amendments requiring a Downstream Impact Analysis for all new developments that require site/subdivision plan approval. (Approved)

c.   Contract Award – Subsurface Utility Engineering (SUE) On-Call Services (EN08-006)
Committee unanimously recommended KCI Associates, P.A. and ESP Associates, P.A. be awarded contracts to provide on-call Subsurface Utility Engineering Services for a contract duration of two years.  These proposed contracts will not be included as a specific item in the Town of Cary’s overall budget.  Costs for SUE services will be incorporated into the budgets for the capital projects that require SUE services. This award by Council represents a preliminary determination as to the qualifications of these firms and no legally binding acceptance occurs until the Town has executed a written agreement. (Approved)

d.   Highcroft Drive Speed Limit Ordinance (EN08-007)
Committee unanimously recommended approval of two speed limit related ordinance amendments to codify recent Town Council action for Highcroft Drive. (Approved)

e.   Contract Award:  Geotechnical and Construction Materials Testing and Engineering Inspections Services for the Kildaire Farm Road Widening and Trinity Road Extension Projects (EN08-009)
Committee unanimously recommended that a lump sum contract be awarded to Mulkey, Inc., for $194,615 for geotechnical and construction materials testing and engineering services for bridge/box culvert/retaining wall inspections for the Kildaire Farm Road Widening and Trinity Road Extension Projects. 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. (Approved)

f.    Requests for Assistance with Drainage (EN08-010)
Committee unanimously recommended approval of the four highest ranked locations under Policy Statement 35 which include the purchase, demolition, and creation of open space, the construction of a floodwall, and cleaning out the debris jams from the channel using the funds appropriated in FY07.  Committee further recommended approval of the six highest ranked locations for assistance under Policy Statement 146. (Pulled from consent agenda for discussion)

g.   Street Storm Drainage System Rehabilitation (EN08-011)
Committee unanimously recommended approval of all projects listed for street Storm Drainage System Rehabilitation. (Approved)

h.   Sales Tax Reallocation Audit (FN08-01)
Committee unanimously recommended approval of Wake County’s request for Cary to share in the cost of a sales tax reallocation audit and appropriate $20,000 of additional sales tax revenue and $20,000 for the audit fees to the Finance Department budget as a component of the general government expenditure authority. (Approved)

i.    Amendments to Schedules (PD08-002)
Committee unanimously recommended adoption of an ordinance amendment to the Town Code Sec. 34-329 (stop streets) and Sec. 34-330 (subordinate streets). (Approved)

j.    Recognition of Grant Award (PD08-003)
Committee unanimously recommended approval of the following actions to authorize the police related expenditures in the amount of $16,268:

•       Recognize $14,388 in federal grant funds revenue into the General Fund as awarded by the Department of Justice to the General Fund Justice Assistance revenue account.

•       Appropriate $14,388 of grant funding to the Police Department’s Capital Equipment Account for the purchase of three video camera systems.

•       Appropriate $1,880 from the Police Department’s supplies account to the Police Department’s Capital Equipment Account for the purchase of three video camera systems. (Approved)

k.   Fit Community (PR08-01)
Committee unanimously recommended adoption of a resolution recognizing Cary’s designation as a Fit Community and directing the installation of highway signage identifying Cary’s designation as such. (Approved)

l.    US 1/64 Noise Wall Aesthetics (EN08-008)
Committee unanimously recommended the implementation of Option 6, which includes the installation of vines, such as the Virginia Creeper, behind 117,177 square feet (6,255 linear feet) of existing noise walls immediately adjacent to the roadway.  The cost is estimated at $20,000 and the work would be done by Town staff, resulting in little or no inconvenience to the traveling public and adjacent property owners. (Approved)

m.  Traffic and Pedestrian Safety Adjacent to Schools (PD08-001)
Committee unanimously recommended approval of the ordinance amendment and policy on school zones developed to provide for speed reductions, and installation of signs, street markings and warning flashers as well as the appropriation of $260,000 from general fund fund balance to a new transportation capital project to bring existing Cary area schools into compliance with this policy.  Committee directed police, fire, planning and engineering staff to work in conjunction with the Wake County School System as new schools are built in order to incorporate student safety into the site and design development. (Approved)

4.   Planning and Development Committee, July 17, 2007 (click on this link for full text minutes of the planning and development committee consent agenda)

a.   Land Development Ordinance (LDO) Text Amendments (Round 9) (PL08-003)
Committee unanimously recommended setting a public hearing for August 23, 2007 to receive comments on LDO amendments. (Pulled from the consent agenda for discussion)

b.   Retaining Wall Heights in the Renaissance Manor Subdivision (PL08-004)
Committee unanimously recommended granting a request to allow a retaining wall height of up to fifteen feet. (Approved)

c.   Utility Service Line through a Required Buffer (PL08-005)
Committee unanimously recommended granting a request to allow a utility service line to cross a required 50-foot buffer to address a failed septic system. (Approved)

d.   Black Creek Greenway Public Art Project (PR08-02)
Committee unanimously recommended approval of a Cary Visual Art (CVA) initiated public art project encompassing the Black Creek Greenway and the intersection at Maynard and Chapel Hill Roads. (Approved)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

There were no recognitions, reports or presentations at this meeting.

_________________________

D.   LAND DEVELOPMENT DISCUSSION ITEMS  (click on this link for the full text minutes of the land development discussion items)

1.   Rezoning 06-REZ-31, SEARS FARM PLANNED DEVELOPMENT AMENDMENT
Location: Southeast corner of High House Road and Davis Drive
Current zoning: Planned Development District
Request: Amend the Planned Development Plan
Acreage: 75.20 acres
Presenter: Mrs. Debra Grannan
Comprehensive Plan Consistency: 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.
Planning and Zoning Board Recommendation: 5-1 vote to approve
Recommended Council Action: Council may take final action. Due to a valid protest petition filed on this proposal, six affirmative votes are required to approve; simple majority vote is required to deny. (Approved with revised conditions)

2.   MIXED USE SKETCH PLAN 06-MU-07, CORNERSTONE
Location: Northeast corner of Davis Drive and High House Road
Current zoning: Residential 40 (R-40) with Cornerstone Community Mixed Use Center Overlay District
Request: Mixed Use Sketch Plan to allow retail, office, multi-family and single-family uses
Acreage: 67.90 ±
Staff Presenter: Ms. Jennifer Currin
Planning and Zoning Board Recommendation: 5-3 vote to deny
Recommended Council Action: Council may take final action. The protest petition is no longer valid according to Land Development Ordinance requirements. Simple majority vote is required. (Approved)

3.   REZONING 07-REZ-04, Wrenn Property
Location: 1504 Yates Store Road Current zoning: Residential 40 (R-40)
Requested zoning: Residential 12 Conditional Use (R-12 CU)
Acreage: 18.732 ±
Presenter: Ms. Jennifer Currin
Comprehensive Plan Consistency: 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.
Planning and Zoning Board Recommendation: unanimous recommendation to approve (annexation must occur first; item E.7.a. on this agenda)
Recommended Council Action: Take no action; vote may occur immediately after agenda item E.7.a. (Action was taken to approve this item following the approval of the annexation [agenda item E.7.a.])

E.   PUBLIC HEARINGS (click on this link for the full text minutes of the public hearing items)

1.   SPECIAL USE PERMIT 07-SU-006
All speakers must be administered an oath by the town clerk prior to speaking.
Street address: 509 Madison Avenue
Current zoning: Residential 12 (R12)
Request: To operate a large home day care
Total Acreage: 0.275 ±
Speaker: Mrs. Debra Grannan
Council Action: Council may take action (Approved with conditions recommended by staff)

2.   Park at West Lake Development: 

a.   ANNEXATION PETITION 07-A-18
Property owners:  Nunn Better Custom Homes, Inc.; Kerr-Smith Homes & Land, Inc.; Armstrong Custom Homes, Inc.; L and L of Raleigh, Inc.; Heavenly Homes - Kevin R. Swartz, Inc.; Braswell Construction Company, Inc.; Huntley Design Build, Inc.; Winslow Development Properties, Corp.
Property location: Park @ West Lake-south of Optimist Farm Road, west of West Lake Road and northwest of the South Cary Water Reclamation Facility
Acreage: 20.11 plus 3.65 acres of right-of-way
Zoning: Residential 30 Conditional Use Wake (R-30CUW)
Contiguous to Corporate Limits: Yes
Associated Rezoning Case:  07-REZ-08 (Park @ Westlake)
Proposed use: Residential Subdivision
Speaker: Mr. Dan Matthys
Council Action: No action is required; staff will place this item on a future agenda so that final action will occur simultaneously with the associated rezoning, 07-REZ-08 (No action required)

b.   REZONING 07-REZ-08, Park at Westlake
Location: Southwest of the Optimist Farm and West Lake Roads, intersection and northwest of the South Cary Water Reclamation Facility
Current zoning: Residential-20 Conditional Use Wake County (R-20 CU W) and Residential-30 Wake County (R-30 W)
Requested zoning: Resource/Recreation (R/R), Transitional Residential (TR) and Residential-12 (R-12)
Acreage: 23.78 ±
Speaker: Ms. Jennifer Currin
Council Action: Refer to August 20, 2007 Planning and Zoning Board meeting (Referred to 8/20/07 P&Z meeting)

3.   Grist Mill Development 

a.   ANNEXATION PETITION 07-A-20
Property owners: Willam and Mary Jane Smith
Property address: 130 feet west of intersection of Kildaire Farm Road and Ten Ten Road
Acreage: 5.61 plus 0.81 acres of right-of-way
Zoning: Residential 30 Wake (R-30W)
Contiguous to Corporate Limits: Yes
Associated Rezoning Case: 07-REZ-11 (Grist Mill)
Proposed use: Office & Institutional in Mixed Use Overlay District
Speaker: Mr. Dan Matthys
Council Action: No action is required; staff will place this item on a future agenda so that final action will occur simultaneously with the associated rezoning, 07-REZ-11 (No action required)

b.   REZONING 07-REZ-11, GRIST MILL
Location: SW Intersection of Ten Ten and Kildaire Farm Roads
Current zoning: Residential 30 Wake (R30W) and Residential 8 (R8)
Requested Zoning: Office & Institutional Conditional Use (OI-CU)
Acreage: 5.74 ±
Speaker: Mrs. Debra Grannan
Council Action: Refer to October 15, 2007 Planning and Zoning Board meeting (Referred to 10/15/07 P&Z meeting)

c.   MIXED USE SKETCH PLAN 07-MU-05, GRIST MILL
Location: SW Intersection of Ten Ten and Kildaire Farm Roads
Current zoning: Residential 30 Wake (R30W) and Residential 8 (R8)
Requested Zoning: Office & Institutional Conditional Use (OI-CU)
Mixed Use Sketch Plan: 18,200 square feet of office and 19,200 square feet of commercial uses
Acreage: 5.74 ±
Speaker: Mrs. Debra Grannan
Council Action: Refer to October 15, 2007 Planning and Zoning Board meeting (Referred to 10/15/07 P&Z meeting)

4.   REZONING 07-REZ-15, Falcone Parkway Map Correction
Location: 100 Falcone Parkway
Current zoning: Town Center (TC) with a Mixed Density Residential (MXDR) sub-district
Requested zoning: Town Center with an Industrial (I) sub-district
Acreage: 1.47 ±
Speaker: Mr. Dan Matthys
Council Action: Council may take action (Approved)

5.   Comprehensive Plan Amendment 07-CPA-07, Davis Drive
Location: 3399 Davis Drive; southwest corner of Davis Drive and Morrisville Parkway
Current Comprehensive Plan: Office/Institutional (OFC/INS)
Proposed Comprehensive Plan: Medium Density Residential (MDR)
Acreage: 6.49 ±
Speaker: Mrs. Anna Readling
Council Action: Refer to September 17, 2007 Planning and Zoning Board meeting (Referred to 9/17/07 P&Z meeting)

6.   REZONING 07-REZ-12, Davis Drive Property
Location: 3399 Davis Drive; southwest corner of Davis Drive and Morrisville Parkway
Current zoning: Office & Institutional Conditional Use (O&I CU)
Requested zoning: Residential Multi-family Conditional Use (RMF CU)
Acreage: 6.49 ±
Speaker: Ms. Jennifer Currin
Council Action: Refer to November 17, 2007 Planning and Zoning Board meeting (Referred to 11/17/07 P&Z meeting)

7.   Citizen-Initiated Annexations: 

a.   ANNEXATION PETITION 07-A-19
Property owners: David & Deana Wrenn
Property address: 1504 Yates Store Road
Acreage: 17.69 plus 0.53 acres of right-of-way
Zoning: Residential 40 (R-40)
Contiguous to Corporate Limits: Yes
Associated Rezoning Case: 07-REZ-04 (Wrenn Property)
Proposed use: Residential Single Family
Speaker: Mr. Dan Matthys
Council Action: Council may take action and then immediately take action on the associated rezoning, 07-REZ-04 (refer to agenda item D.3.) (Approved, and then approved the rezoning [07-REZ-04])

b.   ANNEXATION PETITION 07-A-21
Property owner: Allen K. Miedema
Property address: 6108 Deerwood Place
Acreage: 0.41
Zoning: Transitional Residential (TR)
Contiguous to Corporate Limits: Yes
Associated rezoning or development plan: None
Proposed use: Residential Single Family
Speaker: Mr. Dan Matthys
Council Action: Council may take action (Approved)

F.   PUBLIC SPEAKS OUT

Mr. Marty Jacumin, pastor of 1^st Baptist Church in Cary, submitted petitions on behalf of area churches in opposition to the beer garden at Lazy Daze. These petitions are attached to and incorporated in these minutes as Exhibit.

Mr. Foster Thorbjornsen expressed his concern about the proposed addition to a gas station in the Cary Park town center due to health and safety risks in a neighborhood with dozens of young children. He stated medical studies show that children who grow up within 500 feet of gas stations have a five times or greater chance of developing leukemia in their lifetime. He stated he received an e-mail from a staff member stating that the property is zoned to allow a gas station, and the Town cannot prohibit such a use. He wants to know who to speak with about this issue.

Ms. Gloria Garrer had questions about greenways and buffers. She wants to know who to speak with about these issues.

Mr. Larry Kingsley read a statement opposing the beer garden at Lazy Daze. His comments are attached to and incorporated in these minutes as Exhibit.

Mr. Paul Shackleton, president of the deacons at 1^st Baptist Church in Cary, spoke in opposition of the beer garden at Lazy Daze. He stated the church is dealing with the library commission and county commissioners on this issue. He stated the Town has spoken for the church in a memo that went out to proposed vendors stating there is no parking on their church property. He stated this decision has not been made by the church. He stated Town staff have assured him today that staff will work with the church to disseminate accurate information to vendors about parking.

Mr. John Barbara stated at the intersection of Trimble and West Chatham Street there is a 6.5 acre lot pending development, and plans call for a 26,000 square foot building. He stated this area is headwaters for Swift Creek and there is stream parallel to the road and a railroad berm to the north and east. He stated the GIS map shows stream buffers on at least 1/3 of this land. He stated there is a house whose foundation is less than five feet from the stream. He has spoken to a private storm water engineer, who is appalled with the proposal for this property. He stated last year the Town purchased a home in his neighborhood because of flood damage.

_________________________

G.   COMMITTEE REPORTS (click on this link for full text minutes of the committee report items)

1.   Operations Committee, July 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)

a.    Requests for Assistance with Drainage (EN08-010)
Committee unanimously recommended approval of the four highest ranked locations under Policy Statement 35 which include the purchase, demolition, and creation of open space, the construction of a floodwall, and cleaning out the debris jams from the channel using the funds appropriated in FY07.  Committee further recommended approval of the six highest ranked locations for assistance under Policy Statement 146. Approved staff's revised recommendation as is noted below. Also authorized staff to conduct an engineering, scientific analysis to come up with solutions to the flooding problem at the intersection of Warren and Pleasants and to conduct neighborhood meetings and share these solutions with the residents.

(a) approve all of the proposed projects rated under Policy Statement 35. These include the purchase, demolition, and creation of open space of the properties located at 708 Brookgreen Drive and 413 King George Loop, the construction of a floodwall’s at 307 Chalon Drive and 401 King George Loop and cleaning out the debris jams from the channel at 602 Austin Avenue. This work will require a total of $511,710 to complete all funding requests for Policy Statement 35. This is an additional $16,500 over the previous staff report request (EN08‑010).

(b) approve the top six rated locations for assistance under Policy Statement 146. The locations are: 112 Agassi Court, 317 Holloway Street, 937 Ralph Drive, and 1110 Ralph Drive, 1001 Warren Avenue and 417 S. West Street.

2.   Planning and Development Committee, July 17, 2007 (any item pulled from the committee consent agenda for discussion [agenda item B.3.] will be discussed during this portion of the agenda) (Mr. Roseland)

a.   Land Development Ordinance (LDO) Text Amendments (Round 9) (PL08-003)
Committee unanimously recommended setting a public hearing for August 23, 2007 to receive comments on LDO amendments. (Approved committee recommendation; directed staff to gather information for a council work session on activity center overlay projects and mixed use sketch plan projects to re-evaluate the appropriate levels of density and the community vision the council intends for those parcels throughout town) 

b.   South Hills Sign – Request for LDO Amendment to Allow Changeable Copy (PL08-006)
Committee recommended that no amendments be made to the LDO that would permit a changeable copy feature on signs beyond that which is currently permitted and that enforcement action regarding the South Hills pole sign continue.  Committee also requested that staff address the legal justification for allowing changeable copy signs at theaters, service stations and schools. Council may take action. (Upheld committee's recommendation)

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)

There were no old/new business items.

________________________

I.    CLOSED SESSION

Closed session was not called.

________________________

J.   ADJOURNMENT

ACTION: At 11:10 p.m., Mr. Roseland moved to adjourn; Mayor Pro Tem Smith provided the second; council granted unanimous approval.