Present: Mayor Ernie McAlister, Mayor Pro Tem Jack Smith, Council Members Marla Dorrel, Ervin Portman, Jennifer Robinson, Julie Robison and Nels Roseland 

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)

Mayor McAlister announced the following suggested changes to the agenda: 

• The protest petition was withdrawn on item F.1., Mixed Use Sketch Plan 07-MU-02; therefore, staff recommends moving this item to the consent agenda as B.2.c.
• The incoming council has asked that item F.2., Land Development Ordinance amendments, be removed from this agenda and rescheduled for the December 13, 2007 agenda.

ACTION: Mrs. Robinson moved to approve the agenda, including the two amendments noted above. Mayor Pro Tem Smith provided the second, and council granted unanimous approval.

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B.   CONSENT AGENDA 

The council pulled item B.3.j., extending benefits to post term council members, from the consent agenda for discussion (refer to item G.2. in these minutes for that discussion and action). 

1.   Regular Consent Agenda (click on link to view full text minutes)

a.   Consideration of approval of the minutes of the regular town council meeting held on October  25, 2007. (Approved) 

b.   Consideration of approval of an application for $100,000 in funds (grant) from The One North Carolina Fund in connection with the location or expansion of a headquarters facility for Ply Gem Industries, Inc. in Cary; the appropriation of $100,000 to match such grant; and expenditure of such total funds in an economic development grant to Ply Gem Industries, Inc. as an inducement to add additional jobs and otherwise invest in Cary. (The corporate names may not be precisely as shown in the attachments.) Approval of this item includes approval of an appropriation of $100,000 from the General Fund Fund Balance and recognizing $100,000 in grant funding from the NC Department of Commerce, and ratification or approval of the following. (Approved)

(1)  ratification of The One North Carolina Fund Local Government Development Form Application attached hereto;

(2)  acknowledgement of the Terms of the One NC Grant Town of Cary/Ply Gem Prime Holdings, Inc. or Ply Gem Industries, Inc. (with Ply Gem Holdings, Inc. as guarantor) (prepared by the Department of Commerce);

(3)  authorization for the Mayor or Manager to execute a Grant Agreement No 0-2007-0219 between the Town of Cary and the North Carolina Department of Commerce substantially like the grant agreement attached hereto (prepared by the Department of Commerce);

(4)  authorization for the Mayor or Manager to execute a Performance Agreement between the Town of Cary and Ply Gem and Ply Gem Holdings, Inc. as guarantor substantially like the Performance Agreement attached hereto (prepared by the Department of Commerce);

(5)  adoption of a resolution authorizing a Town of Cary incentives agreement with Ply Gem Industries, Inc., and approval of and authorization for the Mayor or Manager to execute a contract between the Town of Cary and Ply Gem and Ply Gen Holdings, Inc as guarantor, substantially like the contract attached hereto (prepared by the Town of Cary).

2.   Land Development Consent Agenda (click on link to view full text minutes)

a.   LAND USE PLAN AMENDMENT 07-CPA-08, Koppers Road Development
Location: 6514 Koppers Road
Current Comprehensive Plan: Medium Density Residential
Proposed Comprehensive Plan: Low Density Residential
Acreage: 12.79±
Planning and Zoning Board recommendation: unanimous to approve
Speaker:  Mrs. Anna Readling
Proposed Council action: Council may take action (Approved)

b.   SUBDIVISION PLAN 07-SB-011: The Manor at Green Level Crossings
Location: North of Roberts Road approximately 2,500’ east of the intersection of Green Level Church and Robert Roads
Request: The applicant is requesting that Town Council approve the subdivision plan known as The Manor at Green Level Crossing, consisting of 70 single-family lots on approximately 51 acres, located within the Conservation Residential Overlay District
Acreage: 51 acres
Planning and Zoning Board recommendation: unanimous to approve
Speaker:  Mr. Bob Benfield
Proposed Council action: Council may take action (Approved)

c.   MIXED USE SKETCH PLAN 07-MU-02, Tryon Village MUSP Amendment
Location: West side of Walnut Street south of Centrum at Crossroads
Current zoning: Residential-40 (R-40) in the Swift Creek Overlay District
Request: Amend MUSP to add Office/Warehouse uses
Acreage: 2.79 ±
Presenter: Ms. Jennifer Currin
Planning and Zoning Board Recommendation: unanimous to approve
Recommended Council Action: council may take action; the valid protest petition was withrawn, so simple majority vote is required (Approved)

3.   Operations Committee, October 30, 2007  (click on link to view full text minutes)

a.   Consideration of Municipal Agreement - Biannual Bridge Inspections (EN08-044)
Committee unanimously recommended entering into the Biannual Bridge Inspections Municipal Agreement with the NCDOT which would include the Town reimbursing the NCDOT 20% of the actual cost to inspect the bridges located on Town-maintained streets. (Approved)

b.   SW Maynard Road Widening Project Condemnation Resolutions (EN08-045)
Committee unanimously recommended approval and execution of condemnation resolutions to securing necessary easements for the SW Maynard Road Widening Project. (Approved)

c.   Evans Road Widening Project Condemnation Resolutions (EN08-046)
Committee unanimously recommended approval and execution of amended condemnation resolutions for the Evans Road Widening Project. (Approved)

d.   Utility Service to the Kitts Creek Subdivision:  Reimbursement Agreement (EN08-047)
Committee unanimously recommended entering into a reimbursement contract with KCR Developers, LLC for an off-site sewer line to serve the Kitts Creek Subdivision. (Approved)

e.   Streetscape Traffic Impact Evaluation Report (EN08-052)
Committee unanimously recommended development of a new ordinance to reduce downtown truck traffic and changing the speed limit on the downtown portion of Chatham Street and Harrison Avenue to 25 mph as part of the ongoing design efforts for the Downtown Cary Streetscape project. (Approved)

f.    Consideration of Bid Awards for Middle Creek Park (PR08-009)
Committee unanimously recommended the following action be taken concerning bid awards for Middle Creek Park Phase II Capital Project (PR1037). (Approved)

●    Reject bids from General Contractors received on July 11, 2007.

●    Reject bid from Field Contractor received on September 19, 2007.

●    Award the base bid as well as the alternates, including alternate #1 (Steps) and alternate #2 (Musco lighting) of the Middle Creek Park Ph II project (PR1037) to Scotia Construction Inc. for $1,684,000.  This award by Council represents a preliminary determination as to the qualification of the bidder.  No legally binding acceptance of the bid or offer will occur until the Town has executed a written agreement.

●    Award the bid for field construction of the Middle Creek Park Ph II project (PR1037) to Carolina Green Corp for $292,249.  This award by Council represents a preliminary determination as to the qualification of the bidder.  No legally binding acceptance of the bid or offer will occur until the Town has executed a written agreement.

●    Award to Landscape Structures the purchase and installation of play equipment from Landscape Structure for $87,000. This award by Council represents a preliminary determination as to the qualification of the bidder.  No legally binding acceptance of the bid or offer will occur until the Town has executed a written agreement.

●    Award to Reese Construction the purchase and installation of safety surfacing for $66,000.  This award by Council represents a preliminary determination as to the qualification of the bidder.  No legally binding acceptance of the bid or offer will occur until the Town has executed a written agreement.

The total estimated project cost of $2,268,249 (including field construction, contingency funding and equipment purchase) will be addressed with existing funds currently appropriated to the PR1037 Middle Creek Park project.

g.   Fit Community Communications Plan (PR08-010)
Committee unanimously recommended appropriation of $6,000 from the general fund fund balance to the PRCR Recreation Program Division contracted services account in order to implement Phase I of the Fit Community Communications Plan. (Approved)

h.   Biosolids Drying:  Update of Operations and Maintenance Activities (PWUT08-006)
Committee unanimously recommended approval of an update on the Thermal Biosolids Dryer performance and cost savings and that this update be entered into the official Town Council record. (Approved)

i.    Streetscape Design Considerations for Chapel Hill Road and Streetscape Project Update (EN08-038)
Committee unanimously recommended Option 2 – Stop Short, which requires no additional funding, eliminates construction on Chapel Hill Road and maintains existing traffic patterns.  This option also reduces project funding requirements by approximately $910,000, anticipates diminishing and failing intersection level of service by the year 2020, is not consistent with the concept presented in the Master Plan, results in an estimated increase of 7% per year for both construction and right-of-way cost by not accelerating improvements to Chapel Hill Road, eliminates most right-of-way impacts on Chapel Hill Road and requires no additional design or construction administration costs, and may provide future opportunities with private redevelopment for right-of-way dedication shared construction costs and design flexibility. (Approved)

j.    Extending Benefits for Post Term Council Members (HR08-002)
Committee unanimously recommended approval of extending benefits eligibility to Council members no longer in office, effective for all Council members currently in office as of the effective date of this policy, with the cost to the Council member being based on the following criteria. (Pulled from consent agenda for discussion)

●        2 full 4-year terms served:  Town subsidizes 50% of the individual health premium, ex-Council member pays 50%

●        3 full 4-year terms served:  Town subsidizes 75% of the individual health premium, ex-Council member pays 25%

●        4 full 4-year terms served:  Town subsidizes 100% of the individual health premium

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

1.   Presentation of the 20^th Anniversary Proclamation to the Cary Town Band. (Presented)

Mayor McAlister presented the following proclamation to Dr. Jim Hammerle, director of the Cary Town Band. 

RECOGNIZING THE CARY TOWN BAND

ON ITS 20^TH ANNIVERSARY 

WHEREAS, the Cary Town Band was founded by Dr. James R. Hammerle in 1987 to afford citizens the opportunity to share their talents with the Cary community; and

WHEREAS, the Band began with 16 musicians under the direction of Dr. Hammerle and has grown to over 30 members and serves as a source of civic pride for our community; and

WHEREAS, the Band performed at the first Town Holiday Tree Lighting in 1987 and has continued to provide free outdoor and indoor concerts each year at the Sertoma Amphitheatre at Bond Park and at the Cary Senior Center, as well as performances at Lazy Daze, the Fourth of July celebration at Booth Amphitheatre and other civic and patriotic events; and

WHEREAS, the Band has performed at various dedication ceremonies in the Town of Cary including the USA Baseball National Training Complex, Stevens Nature Center, Western Wake County Library, Academy Street Post Office, Cary Depot and the Page-Walker Arts & History Center; and

WHEREAS, the Band has served as an ambassador for Cary throughout the region and has provided culturally enriching opportunities for the citizens of Cary and the region at-large.

NOW, THEREFORE, I, Ernest F. McAlister, Mayor of the Town of Cary, North Carolina, on behalf of the Cary Town Council and the citizens of Cary, do hereby proclaim the 17^th day of November, 2007 as Cary Town Band day in commemoration of the Band’s 20^th Anniversary.  Furthermore, I urge everyone to join the celebration and enjoy great music at this free concert with former and current Cary Town Band members on Saturday, November 17, 2007 at 7:30 p.m. at the Cary Senior Center.   

            PROCLAIMED this 8^th day of November, 2007. 

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

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D.   PUBLIC HEARINGS (click on link to view full text minutes)

1.   Variance 07-VAR-02, Parkside Town Commons
(All speakers must be administered an oath prior to speaking)
The applicant, Mr. Robert Teer, has requested approval of a variance for Parkside Town Commons, a parcel in the Alston Activity Center Concept Plan (AACCP), from the riparian buffer requirements of the Town of Cary Land Development Ordinance (LDO). The project is located at the northeast quadrant of the NC 55 and I-540 Interchange. The Town of Cary recognizes that there are instances where the riparian buffer will create undue hardship on the applicants, and in those cases Chapter 7.3.7 allows variances to be granted. This variance shall be based on documentation of practical difficulties or unnecessary hardship and documentation of the impacts on water quality cause by development within the buffers based on criteria set forth in 7.3.7 of the LDO. Council may take action. (Tabled)

2.   COMPREHENSIVE PLAN AMENDMENT 07-CPA-09, Davis Drive Towns
Location: 6020 Leonard Christian Road; northwest of the Davis Drive and Leonard Christian Road intersection
Current Land Use: Low Density Residential (LDR)
Proposed Land Use: Medium Density Residential (MDR)
Acreage: 16.13 ±
Speaker: Mrs. Meredith Chandler
Proposed council action: Refer to the January Planning & Zoning Board meeting (Referred to Jan. P&Z meeting)

3.   REZONING 07-REZ-24, Davis Drive Towns
Location: 6020 Leonard Christian Road; northwest of the Davis Drive and Leonard Christian Road intersection
Current zoning: Office & Institutional Conditional Use (OICU)
Requested zoning: Residential Multi-Family Conditional Use (RMFCU)
Acreage: 16.13 ±
Speaker: Ms. Jennifer Currin
Proposed council action: Refer to the March Planning & Zoning Board meeting (Referred to Mar. P&Z meeting)

4.   REZONING 07-REZ-23, Old Apex Road Project
Location: 1408 Old Apex Road
Current zoning: Residential 40 (R40)
Requested zoning: Residential Multifamily Conditional Use (RMFCU) to allow a maximum of 38 attached residential units or 19 detached residential patio dwelling units
Acreage: 5.37 ±
Speaker: Mrs. Debra Grannan
Proposed council action: Refer to the January Planning & Zoning Board meeting (Referred to Jan. P&Z meeting)

5.   COMPREHENSIVE PLAN AMENDMENT 07-CPA-10, Oxxford Hunt PDD Amendment
Location: 100 Oceana Place
Current Land Use: Office & Institutional (OI)
Proposed Land Use: Medium Density Residential (MDR)
Acreage: 2.57 ±
Speaker: Mrs. Anna Readling
Proposed council action: Refer to the January Planning & Zoning Board meeting (Referred to Jan. P&Z meeting) 

6.   REZONING 07-REZ-25, Oxxford Hunt PDD Amendment
Location: 100 Oceana Place
Current zoning: Planned Development District (PDD)
Request: PDD Amendment to allow a maximum of 17 attached residential units or 12 detached residential units in Tract C
Acreage: 2.57 ±
Speaker: Mrs. Debra Grannan
Proposed council action: Refer to the March Planning & Zoning Board meeting (Referred to Mar. P&Z meeting)

7.   COMPREHENSIVE PLAN AMENDMENT 07-CPA-11, Swift Creek Shopping Center
Location: Southeast intersection of Holly Springs Road and Jones Franklin Road, immediately west of Swift Creek Shopping Center
Current Land Use: Mixed Use (MXD) and Medium Density Residential (MDR)
Proposed Land Use: Mixed Use (MXD) with Modification to Land Use Note #18
Acreage: 14.25 ±
Speaker: Mr. Scott Ramage
Proposed council action: Refer to the January Planning & Zoning Board meeting (Referred to Jan. P&Z meeting)

8.   Mixed Use Sketch Plan 07-MU-07, Richard Drive Property
Location: Northeast intersection of North Harrison Ave and Richard Drive
Current zoning: Office and Institutional Conditional Use (OICU) and Residential-20 (R20) in the SAS Regional Mixed Use Center
Request: Mixed Use Sketch Plan to allow office, retail, multi-family and hotel uses.
Acreage: 5.70±
Speaker: Mr. Bob Benfield
Proposed council action: Refer to the February Planning and Zoning Board meeting (Tabled to the Jan. council meeting)

E.   PUBLIC SPEAKS OUT

Dr. Larry Ballas mentioned the patches on New Hope Church Road. He asked Cary to make this a safer road. He thanked the council members on behalf of his Chatham County neighbors for meeting the Chatham County residents halfway in the ongoing discussions about land use in Chatham County.

Mr. Bob Myers, president of the Friends of Page Walker Hotel, spoke about the Green Level issue on this agenda for discussion. He stated the staff recommendation is not the future that the Cary citizens want for Green Level nor the future that the Green Level residents want for their community nor is it the future that council discussed at their July 10, 2007 work session. He stated council’s decision will have permanent consequences for Cary, and he urged council to reject staff’s recommendation.

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F.   LAND DEVELOPMENT DISCUSSION ITEMS

1.   MIXED USE SKETCH PLAN 07-MU-02, Tryon Village MUSP Amendment
Location: West side of Walnut Street south of Centrum at Crossroads
Current zoning: Residential-40 (R-40) in the Swift Creek Overlay District
Request: Amend MUSP to add Office/Warehouse uses
Acreage: 2.79 ±
Presenter: Ms. Jennifer Currin
Planning and Zoning Board Recommendation: unanimous to approve
Recommended Council Action: council may take action (moved to consent agenda) 

Moved to the consent agenda as item B.2.c.

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2.   Land Development Ordinance Amendments
Purpose: Consider modifications to the Land Development Ordinance (LDO) with regards to the following items, as well as other sections that may be considered for changes: Chapter 3: Procedure; Special Uses; Application Materials; Chapter 7: Allowable Modifications & Reductions, Schedule “A”, Standards for Transit Access and Amenities; Chapter 8: Anti-Monotony & Garagescapes; Chapter 9: Wall Signs; Chapter 11: Enforcement Procedures; and minor clarifications, corrections, and images in multiple chapters.
Planning and Zoning Board recommendation: varies according to each amendment (see staff report)
Speaker: Ms. Jennifer Currin
Recommended council action: Council may take action (removed from this agenda and scheduled for Dec. 13, 2007 council meeting) 

Removed from this agenda and scheduled on the December 13, 2007 council meeting agenda.

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G.   COMMITTEE REPORTS (discussion items) (click on link to view full text minutes)

Operations Committee, October 30, 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.   Green Level Preservation Initiative (PL08-016)
Committee unanimously recommended approval of recommendations made by staff based on community feedback from the Green Level Community Meeting and moved that it remain on discussion for full council review at Ms. Dorrel’s request.  Staff recommendations are based on three factors: (1) the sentiments of the community, (2) the Other Considerations presented in Section F of the staff report, (3) Council’s desire to consider the wishes of the Green Level community, and are as follows. (The Town should not create a local historic zoning district for Green Level; the Town should continue to offer a density bonus incentive for historic preservation, as currently provided through the Conservation Residential Overlay District; focus the Town’s historic preservation efforts on assisting individual property owners in Green Level who are voluntarily willing to work or partner with the Town to preserve their historic buildings; evaluate how the Town might utilize its new local enabling legislation to regulate the demolition of historic structures on a Town-wide basis, including within Green Level; take no regulatory action with respect to new and/or infill development via a general downzoning and/or by regulating the size, type, architecture, and spacing of new development and recommended continued use of existing ordinances, guidelines, and policies to assist in making new development as sensitive as possible to the surrounding context; develop a Comprehensive Town-Wide Approach to Historic Resources, and such a plan should separate the historic resources element from the open space element in the Town’s existing Open Space and Historic Resources Plan, but that funding for historic preservation may still come from the open space budget as we do currently; update the Town’s official goals and objectives for historic preservation; include a jurisdiction-wide inventory of all historic structures; but in doing so, rather than ranking them in order of importance, identify the valuable attributes for each historic item.)

a.   Historic Preservation: Committee unanimously recommended approval of the following recommendations:

(1)  The Town should not create a local historic zoning district for Green Level.

(2)  The Town should continue to offer a density bonus incentive for historic preservation, as currently provided through the Conservation Residential Overlay District.

(3)  Focus the Town’s historic preservation efforts on assisting individual property owners in Green Level who are voluntarily willing to work or partner with the Town to preserve their historic buildings.

(4)  Evaluate how the Town might utilize its new local enabling legislation to regulate the demolition of historic structures on a Town-wide basis, including within Green Level.

b.   Rural Character: Committee unanimously recommended taking no regulatory action with respect to new and/or infill development via a general downzoning and/or by regulating the size, type, architecture, and spacing of new development and recommended continued use of existing ordinances, guidelines, and policies to assist in making new development as sensitive as possible to the surrounding context.

c.   Rural Views and Open Space: Committee unanimously recommended that the Town refrain from pursuing further open space preservation within Green Level for the purposes of attempting to maintain the community within its historic rural context and recommended instead that the Town, as part of its separate open space program, seek to acquire properties as permanent open space in order to further the goals of the Town’s Open Space Plan.

d.   Green Level Church Road: Committee unanimously recommended approval of the following:

(1)  Amend the Comprehensive Transportation Plan to re-designate Green Level Church Road as a major thoroughfare, and that it be widened along its existing alignment.  Remove the 2004 thoroughfare bypass that crosses Bachelor Branch.

(2)  Plan for an asymmetrical, context-sensitive widening of Green Level Church Road, in order to best protect Green Level Baptist Church and any other historic structures whose owners elect to voluntarily preserve their historic buildings.

(3)  Move forward with developing an asymmetrical, context-sensitive functional alignment and proposed cross-section for Green Level Church Road, based on community preferences and input – such as the community’s preference for the use of curb, gutter, and sidewalk, as opposed to swale and ditch.

e.   Other Recommendations: Committee unanimously recommended approval of the following:

(1)  Develop a Comprehensive Town-Wide Approach to Historic Resources.  Development of policies, plans, and recommendations for historic resources within isolated parts of Cary’s planning jurisdiction will continue to be difficult as long as the Town lacks consensus and clear policy direction for all of the Town’s historic resources.  The Town should develop a comprehensive approach and plan for historic preservation.  Such a plan should:

(a)  Separate the historic resources element from the open space element in the Town’s existing Open Space and Historic Resources Plan, and give clear and unambiguous attention to historic resources;

(b)  Update the Town’s official goals and objectives for historic preservation;

(c)  Include a jurisdiction-wide inventory of all historic structures;

(d)  Prioritize the relative importance of each historic property – from most important to least important – so that the Town and staff can most effectively target their resources and attention; and,

(e)  Clearly identify the ordinances, programs, policies, funding mechanisms and funding amounts that the Town will use to further historic preservation.

(2)  Focus financial resources on Carpenter.  The Town could successfully maintain several times as many historic buildings within their historic rural context in the Carpenter district as could be done at Green Level.  Further, due to the planned thoroughfare and collector roadway alignments in Carpenter, it will be both feasible and practical to preserve that community.  Financial resources should be targeted for preservation within Carpenter, rather than Green Level.

2.   Extending Benefits for Post Term Council Members (HR08-002)
Committee unanimously recommended approval of extending benefits eligibility to Council members no longer in office, effective for all Council members currently in office as of the effective date of this policy, with the cost to the Council member being based on the following criteria. (Approved effective 11/8/07)

●        2 full 4-year terms served:  Town subsidizes 50% of the individual health premium, ex-Council member pays 50%

●        3 full 4-year terms served:  Town subsidizes 75% of the individual health premium, ex-Council member pays 25%

●        4 full 4-year terms served:  Town subsidizes 100% of the individual health premium

H.   OLD/NEW BUSINESS

There were no old/new business items.

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I.    CLOSED SESSION (not called)

Closed session was not called.

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J.   ADJOURNMENT (11:42 p.m.)  

ACTION: At 11:42 p.m. Mayor Pro Tem Smith moved to adjourn. Mrs. Robinson provided the second, and council granted unanimous approval.