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DRAFT Contact the town clerk at (919)469-4011 for official minutes
Cary Town Council Minutes Thursday, June 12, 2008 6:30 p.m.
Council Chambers
Click on links within this document for full text minutes
Present: Mayor Pro Tem Julie Robison and Council Members Don Frantz, Ervin Portman, Jennifer Robinson and Jack Smith; Council Member Gale Adcock arrived late, and her arrival time is noted in the minutes
Absent: Mayor Harold Weinbrecht
A. COMMENCEMENT
1. Call to Order
Mayor Pro Tem Robison called the meeting to order at 6:30 p.m. She announced that Mayor Weinbrecht had a death in his family and is unable to attend the council meeting.
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2. Ceremonial Opening
Mr. Smith provided the ceremonial opening.
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3. Adoption of agenda
Mayor Pro Tem Robison asked that council remove agenda item H.2. from this agenda (consideration of appointments to the new environmental advisory board) and schedule these appointments for the June 26, 2008 council meeting.
ACTION: Mr. Portman moved to adopt the agenda with the above noted amendment. Mr. Smith provided the second, and council granted unanimous approval. (Mrs. Adcock was absent for this vote.)
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B. CONSENT AGENDA
The council pulled item B.3.n. from the consent agenda for discussion (ordinance amendment to add two volunteer advisory boards).
1. Regular Consent Agenda (any regular consent agenda item pulled for discussion will be discussed at the end of the old/new business portion of the agenda, which is item H on this agenda)
a. Consideration of approval of the minutes of the regular town council meeting held on May 29, 2008; the minutes of the joint meeting with the Wake County School Board held on April 15, 2008; the minutes of the May 13, 2008 community development block grant program and budget work session; and the minutes of the May 20, 2008 budget work session.
ACTION: Mr. Frantz moved to approve the consent agenda with the exception of item B.3.n. (ordinance amendment to add two volunteer advisory boards). Mr. Smith provided the second, and council granted unanimous approval. (Mrs. Adcock was absent for this vote.)
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b. Consideration of appointing Mayor Pro Tem Julie Robison to serve as the alternate member from the Town of Cary on the Greater Raleigh Convention and Visitors’ Bureau Board of Directors.
ACTION: Mr. Frantz moved to approve the consent agenda with the exception of item B.3.n. (ordinance amendment to add two volunteer advisory boards). Mr. Smith provided the second, and council granted unanimous approval. (Mrs. Adcock was absent for this vote.)
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c. Consideration of appointing Philip Schwehm to fill an unexpired term on the Sister Cities Commission.
ACTION: Mr. Frantz moved to approve the consent agenda with the exception of item B.3.n. (ordinance amendment to add two volunteer advisory boards). Mr. Smith provided the second, and council granted unanimous approval. (Mrs. Adcock was absent for this vote.)
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2. Land Development Consent Agenda (any land development consent agenda item pulled for discussion will be discussed at the end of the land development discussion portion of the agenda, which is item F on this agenda)
a.
Site Plan 08-SP-003, Falcone Point at
Old Apex Road
REQUEST The applicant, on behalf of Habitat for Humanity of Wake County, has requested Town Council consideration of approval of a site plan entitled “Falcone Point at Old Apex”, consisting of 7 semi-attached dwelling units on approximately 0.6 acres. The applicant has also requested Town Council consideration of an associated waiver request for a vehicular connection to the adjacent townhouse development to the south, as described in the report below. PROJECT INFORMATION
The site plan is attached to and incorporated herein as Exhibit. Public Notification: In accordance with Town policy, on March 14, 2008, staff notified all property owners within 400’ of the subject property. Staff has received one inquiry regarding the project, from Beazer Homes, the developer of the townhouse community to the south. The concerns expressed involved the connectivity required between the two sites and the proposed appearance of the dwelling units. Project Summary: The site is located in the southeast corner of the intersection of Falcone Parkway with Old Apex Road, and north and west of the Samuel’s Keep Townhome project currently being developed. The plan proposes semi-attached dwellings facing onto the adjoining roadways with parking located behind the units and with ample pedestrian connections to the public sidewalk system. The plan also includes a community gathering space with meandering sidewalks and benches, consisting of approximately 3,500 square feet. The plan proposes 2 parking spaces/unit, which exceeds the zoning district requirement of 1 space/unit. Due to the unique nature of the Town Center district, perimeter buffers of a prescribed width are not required; however, the required planting standard must still be met. Therefore, the project will be planted to satisfy the Town of Cary Type B buffer standard along the southern and eastern property lines. The plan also proposes a privacy fence along the southern and eastern property lines to provide additional screening of the parking areas from the adjacent townhouse development. Town Center Review Commission: The Falcone Point at Old Apex site plan was placed on the May 14, 2008 Town Center Review Commission (TCRC) agenda for their consideration and recommendation to Town Council. Discussion at the meeting revolved around the requested elimination of the vehicular connectivity, the stormwater and impervious surface area on the site, the maintenance burdens associated with private streets and parking lots, the parking overage proposed, and the nature of the open space proposed. The TCRC voted unanimously to forward the plan to Town Council with a recommendation for approval. CONSISTENCY WITH THE COMPREHENSIVE PLAN Land Use Plan: The Land Use designation for the parcel is Mixed Use (MXD). The geographic location of this parcel makes it somewhat undesirable for nonresidential uses. However, the adjacent townhouse development surrounds the parcel on two sides, making the proposed semi-attached product a logical fit into the surrounding development pattern. The MXD sub-district transitions to nonresidential uses as one travels eastward on Old Apex Road toward the intersection of Old Apex Road with West Chatham Street. Town Center Design Guidelines: The proposed development would be consistent with the Town Center Design Guidelines by creating a higher-density housing product, while maintaining a compatible and human-scaled environment that is in harmony with the surrounding area. The site would be arranged to encourage pedestrian activity along the adjoining streets, thus providing convenient access to Cary’s downtown area located approximately ¾ of a mile east of the site. The majority of the lighting provided on the site would be pedestrian-scaled and very similar to lighting fixtures located along Chatham Street in the downtown area. Parking for the project would be provided at the rear of the site behind the proposed units to mask the view from the adjoining roadways. A privacy fence and vegetation would combine to create an effective screen between the project and the adjoining property. CONSISTENCY WITH THE LAND DEVELOPMENT ORDINANCE
A. Transportation:
The plan proposes additional
right-of-way and roadway widening along Old Apex Road for the length of
the property frontage, as required by the Town’s Comprehensive Plan. No
additional improvements would be required on Falcone Parkway. Sidewalk
currently exists along Falcone Parkway and the developer would be
installing sidewalk along the property frontage on Old Apex Road to tie
into the sidewalk being provided by the Samuel’s Keep project. B. Parks & Greenways: According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan and to the Open Space and Historical Resources Plan (OSHRP) there are no requirements attached to this site. Prior to the lots being recorded, however, a recreation payment-in-lieu would be required for the subdivided lots. C. Environmental: The project would utilize an underground detention system and sand filter to meet the Town of Cary stormwater regulations. D. Buffers: The Land Development Ordinance (LDO) recognizes the flexibility desired within the Town Center Area and exempts properties within the Town Center district from the strict application of perimeter buffer requirements contained in the Ordinance. Staff has consistently required that perimeter landscape screening be provided to meet performance criteria similar to the standard requirement. In this case, the standard planting criteria is a Type B (semi-opaque) buffer. The proposed privacy fence, in conjunction with landscaping proposed on both the Samuel’s Keep Townhomes and on this proposed plan is consistent with the required perimeter planting standard. E. Streetscape: The LDO does not require a strict application of typical streetscape standards within the Town Center district. A Type A buffer would normally be required, however, an opaque buffer would be contrary to the intent of creating an inviting and pedestrian-friendly downtown area. The plan proposes buildings placed in close proximity to adjoining roadways with public sidewalks, shade trees, and ornamental trees along adjoining roadways. F. Architectural Standards: The proposed semi-attached dwelling units would be required to meet the Town of Cary Architectural Design Guidelines for attached residential uses. The façades would be required to contain at least 35% of masonry material. The exterior of the units would integrate a mixture of brick and stone that would create visually engaging façades along the adjoining roadways, with brick making up the lower portion of the remaining façades.
G. Cary
Design Guidelines: 1. Create Human Scale: The proposed units would be arranged around the parking area located to the rear of the units, such that the units would enclose the parking area and create a comfortable human scale. Additionally, canopy trees are included along the sidewalks and in the area of the community gathering place to create a comfortable pedestrian-scaled environment in those areas. 2. Create A Sense Of Place: The proposed units would be compatible in scale and in form with the surrounding development. A community area would be provided for the benefit of residents within the development and an entry feature would be installed to create a unique identity for the project. 3. Connect Uses: Although the applicant has requested a waiver to the required vehicular connection to the adjacent townhouse community, the plan would provide ample pedestrian connectivity to the public sidewalk system in the area. The proposed units would be situated near both of the adjoining roadways and the public sidewalk to create convenient pedestrian access from each unit to the greater Town Center area. 4. Provide Transitions: The site would provide a transition from the higher density multi-family areas of Highland Village , through the Samuel’s Keep Townhomes currently being developed, to the semi-attached dwellings proposed by this plan, and finally to the detached dwellings located on the opposite side of the railroad tracks located north of the site. 5. Reduce Parking Impacts: Parking would be located behind the proposed units, internal to the site, and would be screened from the adjacent community by the privacy fence and landscape screening shown on the site plan. 6. Plan For Pedestrians, Bicyclists And Transit Users: The plan would provide pedestrian connectivity and amenities as described above under “Connect Uses”. Old Apex Road would be widened to include a wider outside lane for bicyclists, in accordance with the Comprehensive Transportation Plan. The site would also be adjacent to a fixed service route for C-Tran, currently running through Highland Village . 7. Provide Open Space: The project would set aside 500 square feet of common area per unit for a community gathering place, oriented toward the Falcone Parkway side of the site. OTHER REFERENCE INFORMATION: Schools
The school information is
being provided for your review; however, the Wake County
* Current Enrollment and Building Capacity is based on the 20th day of the school year for 2007-2008 as supplied by the Wake County Public School System. School assignment will be determined at the time of development. * The Projected Number of Additional Students is only a rough approximation. The actual number of students will vary depending on several variables. The basis for making this calculation is based on multipliers provided from the Wake County Schools Office of Student Assignment. STAFF RECOMMENDATION: Based on the information contained in this report, staff recommends approval of the proposed plan and the associated waiver request to eliminate a vehicular connection to the adjoining townhouse development. The plan is consistent with the Town of Cary Land Use Plan vision for the Town Center district, and conforms with the Town Center Design Guidelines and to the applicable requirements of the Land Development Ordinance. MEETING SCHEDULE Town Council:
ACTION: Mr. Frantz moved to approve the consent agenda with the exception of item B.3.n. (ordinance amendment to add two volunteer advisory boards). Mr. Smith provided the second, and council granted unanimous approval. (Mrs. Adcock was absent for this vote.)
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3. Operations Committee, June 5, 2008 (click on this link for full text minutes of the operations committee consent agenda)
a.
2008 Street Improvements Project Bid Award (EN08-100)
b.
Contract Award for the Swift
Creek Parallel Force Main Project
(EN08-102)
c.
Wake County/Cary Suburban Fire District Agreement (FD08-005)
d.
Appointment of Bond Trustee and Registrar (FN08-008)
e.
Security of Information Policy (FN08-009)
f.
Finance Policy Changes (FN08-010)
g.
Walnut Street Park Bid Awards
(PR08-030)
h.
Participation in a Low Flow Study of the
Cape Fear River Downstream
of Jordan Dam (PWUT08-029)
i.
Bid Award – 65 Gallon Roll Out Carts (PWUT08-030)
j.
Consideration of Modifying Fines for Violating Water Conservation
Ordinances and Moving Fines to Town Budget Fee Schedule (PWUT08-031)
k.
Additional FY 2008 Appropriation for the Utility System Maintenance
Division (PWUT08-032)
l.
Additional FY 2008 appropriation for the Cary/Apex Water Treatment
Plant (PWUT08-033)
m.
Consideration of Amendment to
Durham Water Agreement (PWUT08-034)
o.
Irrigation Meter Development
Fee Recommendations (AD08-017)
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C. RECOGNITIONS, REPORTS, AND PRESENTATIONS 1. Presentation of the 2008 water conservation award. This presentation was deferred until after Public Speaks Out.
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Mrs. Adcock arrived at 6:33 p.m.
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D. PUBLIC SPEAKS OUT (one hour time limit)
Ms. Kelly Commiskey thinks it is a good practice to require spay/neuter before an animal can leave the shelter. She suggested that the council form an advisory group to come up with a sheltering solution that will work for the Town of Cary. She encouraged the council to move slowly and deliberately to ensure the right decision.
Ms. Shannon Bass is in favor of the sidewalk on Rock Pointe Lane. She thinks it is important to ensure pedestrian safety. She told council of a close call with a speeding motorist that her husband and son had while they were walking in the street. She stated motorists traveling this street do not adhere to the 25 mph speed limit, and they use it as a cut-through for the adjacent Wessex neighborhood and to avoid other more congested roads.
Ms. Kathleen Kiernan spoke in favor of the sidewalk on Rock Pointe Lane. She stated the request came from several families in the neighborhood. She asked the council to approve the sidewalk for the following reasons: (1) pedestrian safety (including children walking to and from school bus stops, (2) connectivity to Montibello and Beechtree, (3) to encourage walking vs. driving, and (4) due to increased traffic volume. She stated when cars are parked on the side of the street, the only place for pedestrians to walk is in the middle of the street. She highlighted some traffic accident statistics indicating that when cars collide with pedestrians there is a high potential for serious injury.
Ms. Jody Adams spoke on behalf of her family and some of her neighbors who reside on Rock Pointe Lane indicating their opposition to the sidewalk. She stated when the petition was first circulated, there was not a lot of factual information about the location and width of the sidewalk. She stated they have since learned that the 10-foot sidewalk will be on their side of the street. She stated a petition was subsequently circulated asking for the sidewalk to be dropped. She stated these same homeowners are also being subjected to a greenway running behind their homes, which is also a safety and liability issue for these homeowners. She stated homes in this neighborhood have limited driveway space, and many residents must park vehicles on the street. She stated a sidewalk would eliminate even more driveway space, and would force more parked cars on the street. She stated a sidewalk would give the added worry of hitting a pedestrian while leaving their driveways due to sight distance issues.
Ms. Jane Wright stated the Rock Pointe Lane homeowners wish to achieve a solution regarding the sidewalk that is acceptable to homeowners on both sides of the issue. She stated decisions should be based on factual information. She stated the area of impact needs to be defined. She stated 12 of 13 signatures in favor of the sidewalk on the first petition live on the east side of Rock Pointe Lane, so she thinks a good solution is to install the sidewalk on the east side of the street.
Mr. Stu Adams stated his property would be directly impacted with a sidewalk on the west side of Rock Pointe Lane. He is opposed to any sidewalk on this street; he thinks it would be a safety concern due to the number of vehicles that are regularly parked on the side of the street. He thinks there are solutions to address the issue that would be better than a sidewalk, and he suggested that staff look at restricting parking on one side of Rock Pointe Lane and installing a bike lane. He thinks a viable solution is an extension of the Beechtree homeowners’ association greenway to connect to the west side of Rock Pointe Lane between properties 108 and 112. He understands that the homeowners’ associations have funds available to cover the cost.
Mr. Ted Danchi, an attorney representing the Bostic family and others who are opposed to the Rock Pointe Lane sidewalk, distributed Exhibit (attached to and incorporated herein), which includes the Town’s policies regarding sidewalk requests and traffic calming measures. He stated the speed bump approval process requires full disclosure, allows time for comments, and allows time for people to consider the facts so they can make an informed decision. He stated the sidewalk policy is flawed. He stated the first sidewalk petition was wrought with misinformation and the result showed no clear neighborhood consensus. He stated the policy states that a goal is to have clear consensus and support of the community. He stated the staff report is in error where it states that the 70% of signatures to override the original petition is the same 70% that would be required to override a speed bump petition. He stated the policy actually requires 70% to override speed bumps that have already been installed in order to remove them. He asked the council to allow the motion to reject the sidewalk so that further discussions can occur to reach a good decision.
Ms. Jane Tzilvelis, a former volunteer of the Wake County animal shelter, urged the council to consider a mandatory spay/neuter ordinance. She spoke negatively about the management practices at the county animal shelter.
Ms. Linda Veronica Taylor is in favor of reducing animal euthanasia rates in Wake County, and she thinks a spay/neuter ordinance is a positive step. She thinks the SPCA is far superior than the county animal shelter.
Mr. Joe Bass stated he favors the sidewalk on Rock Pointe Lane. He stated Dick Ladd of the Veteran’s Freedom Park also favors the sidewalk. His main concern is the safety of his children. He stated he understands that when people park their cars on the side of the street that it results in slower traffic on that street.
Ms. June Fail, a former volunteer at the Wake County animal shelter, stated an auditor was deployed to the shelter to locate funds that seemed to be missing. She believes they terminated her services because she was a whistleblower. She stated the shelter is not prepared to accept Cary’s animals, and she asked Cary to move slowly and make a good decisions.
Ms. Kim Parker stated the county animal shelter is already overcrowded. She stated the county is working with the SPCA to come up with solutions to run the shelter more efficiently and to reduce the euthanasia rate. She stated from February through May 2008, 74 animals have left the facility without being spayed/neutered, and this could result in thousands of additional animals potentially entering the shelter system. She asked the council to require the county shelter to have 100% pre-adoption sterilization and that they reduce the euthanasia rate and look at adoption criteria.
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C. RECOGNITIONS, REPORTS, AND PRESENTATIONS
1. Presentation of the 2008 water conservation award. (Ms. Diane Rupprecht, Vice Chair of Governmental Relations, Cary Chamber of Commerce)
Mayor Pro Tem Robison moved to the recognition portion of the agenda at this time.
Ms. Rupprecht presented the award to Steve Brown and Marie Cefalo of the Town’s public works and utilities department.
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E. PUBLIC HEARINGS
1.
BUDGET PUBLIC HEARING
Mr. Dave Forvendel asked that the Town fund EMS.
Mr. Merrill Jackson requested that the council fund the conversion of Baines Court to a through street in the FY 2009 budget. Refer to Exhibit for Mr. Jackson’s comments.
Mr. Joe Milazzo of the Regional Transportation Alliance encouraged roundabouts in the downtown area and a continued focus on interstate interchange improvements.
Mr. Tom Hemrick requested that council waive the $5,000 fee the Town is currently charging EMS to locate at Fire Station #5 and fund them $5,000 in FY 2009.
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2.
Street Closing –
Yates Store Road
right-of-way (portion of)
STAFF REPORT Council Meeting June 12, 2008
Consideration to Close a Portion of the Right of Way of Yates Store
Road at Public Hearing
(EN08-089A)
On May 8th, 2008 Staff presented a request for a public hearing to consider a R/W closing (EN08-089). At that time, the Town Council scheduled the public hearing for June 12th, 2008. Staff has followed the requisite general statutes regarding notification of the adjacent property owners, publishing the resolution once a week for four consecutive weeks in the Cary News and posting of the R/W in question. Once the public hearing has been completed Council may vote to close the R/W in question. As part of the closing, the attached Street Closing Order must be completed to fulfill the requirements for the closing.
Staff Recommendation: Staff recommends that the Town Council approve this request and forward it to the Mayor for executing the Street Closing Order.
STREET CLOSING ORDER
A RESOLUTION ORDERING THE CLOSING OF THAT PORTION OF Yates Store Road right of way as described on the attached Exhibit A:
WHEREAS, on the 8th day of May, 2008, the Town Council of the Town of Cary adopted a Resolution of Intent (‘Resolution’) to vacate that portion of Yates Store Road as shown on Exhibit A and calling for a public hearing and directed the Town Clerk to publish the Resolution of Intent in the Cary News once each week for four successive weeks before the public hearing; and
WHEREAS, the Town Council, on the 8th day of May, 2008 ordered the Town Clerk to send a copy of Resolution by certified mail to each property owner owning property adjoining the portion of said street, including the DOT if the street was under the control of the DOT, and directing to prominently post in at least two places along said street notice of the vacation and public hearing; and
WHEREAS, the Town Clerk has advised the Town Council that she sent a copy of the Resolution to each adjoining property owner by certified mail with return receipt requested and to the DOT if the street was under the authority and control of the DOT; and
WHEREAS, has advised the Town Council that notice of the vacation and public hearing were posted in at least two places along said street; and
WHEREAS, a public hearing was held on the 12th day of June, 2008 during which all interested persons had an opportunity to be heard on the question of whether or not the closing would be detrimental to the public interest or the property rights of any individual, and after which Council gave full and complete consideration to the matter; and
WHEREAS, it now appears to the satisfaction of the Town Council that the closing of said street is not contrary to the public interest, and that no individual owning property, in the vicinity of said street or in the subdivision in which it is located will be deprived of a reasonable means of ingress and egress to their property because of the vacation.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Cary, meeting in regular session, that said portion of right of way as described on the attached Exhibit A, being previously known as Yates Store Road is hereby ordered closed, and subject to the reservation of right, title and interest set forth below, all right, title, and interest in the right‑of‑way shall be conclusively presumed to be vested in those persons owning lots or parcels of land adjacent to the portion of street so closed, and the title of such adjoining landowners, for the width of the abutting land owned by them, shall extend to the centerline of the street.
In accordance with G.S. 160A-299 (f) the Town hereby reserves all of its right, title, and interest in any utility improvement or easement within a street closed. Such reservation extends to utility improvements or easements owned by private utilities which at the time of the street closing have a utility agreement or franchise with the Town.
The Mayor and the Town Clerk are hereby authorized to execute necessary documents in order to prove vesting of all right, title and interest in those persons owning lots or parcels of land adjacent to the street, such title, for the width of the abutting land owned by them, to extend to the centerline of the herein closed street/right of way in accordance with the provisions of G.S. 160A-299(c).
The Town Clerk is hereby ordered and directed to file in the Office of the Register of Deeds of Wake County a certified copy of this resolution. EXHIBIT A
Beginning at a point, said point being North 63°51’23” East 14,148.35 feet from NCGS Monument “TANGENT”, said monument having NC grid coordinates (NAD 83) of N=755,947.73, E=2,036,930.74, thence from Beginning point along a curve to the left having a radius of 787.50 feet, an arc length of 34.00 feet, and a chord bearing and distance of North 65°46’26” West 34.00 feet to a point on the western right of way of Yates Store Road (SR 1716) (60’ Public R/W), thence with said right of way North 39°17’29” West 20.52 feet to a point, thence North 36°51’32 West 51.13 feet to a point, thence North 34°59’16” West 51.21 feet to a point, thence North 32°08’06” West 51.25 feet to a point, thence North 30°16’17” West 50.95 feet to a point, thence North 28°18’36” West 51.25 feet to a point, thence North 25°29’20” West 51.44 feet to a point, thence North 22°47’01” West 51.54 feet to a point, thence North 19°30’13” West 51.24 feet to a point, thence North 18°10’53” West 50.71 feet to a point, thence North 16°37’51” West 50.63 feet to a point, thence North 15°38’34” West 50.58 feet to a point, thence North 14°24’33” West 50.31 feet to a point, thence North 14°15’41” West 50.16 feet to a point, thence North 13°39’02” West 50.08 feet to a point, thence North 13°52’59” West 60.58 feet to a point, thence leaving said right of way along a curve to the left having a radius of 980.00 feet, an arc length of 218.54 feet, and a chord bearing and distance of North 02°27’31” East 218.09 feet to a point of the eastern right of way of Yates Store Road (SR 1716) (60’ Public R/W), thence with said right of way South 13°29’36” East 70.20 feet to a point, thence South 13°22’32” East 99.91 feet to a point, thence South 13°52’59” East 99.88 feet to a point, thence South 13°39’02” East 49.88 feet to a point, thence South 14°15’41” East 49.76 feet to a point, thence South 14°24’33” East 49.59 feet to a point, thence South 15°38’34” East 49.41 feet to a point, thence South 16°37’51” East 49.30 feet to a point, thence South 18°10’53” East 49.21 feet to a point, thence South 19°30’13” East 48.83 feet to a point, thence South 22°47’01” East 48.41 feet to a point, thence South 25°29’20” East 48.55 feet to a point, thence South 28°18’36” East 48.75 feet to a point, thence South 30°16’17” East 48.95 feet to a point, thence South 32°08’06” East 48.78 feet to a point, thence South 34°59’16” East 48.73 feet to a point, thence South 36°51’32” East 46.48 feet to a point, thence leaving said right of way South 01°30’30” West 68.78 feet to a point of beginning containing 1.208 acres more or less.
Engineering Director Tim Bailey stated there was a plan with the Forest Oaks (AKA Weldon Ridge) PDD to realign this intersection and make improvements to a new road that will be known as Yates Store Road. He stated these improvements are underway. He stated the goal is to make the future roadway a 90 degree intersection and to close the old right-of-way after the diversion occurs.
Mr. Gary Mason stated the road has existed for more than 100 years, and except for the past 10 years it has been a dirt road. He suggested to keep the road open until Yates Store Road is connected to Green Hope Church Road.
Mr. Jason Bertoncino of Withers and Ravenel, the company building the Yates Store roadway, stated the road will comply with the Town’s thoroughfare plan. He stated the timing of the roadway is required by the Town to coincide with the built subdivision.
Mrs. Robinson asked if staff is switching the names of Weldon Ridge Boulevard and Yates Store Road. Mr. Bailey stated the Town has abandoned the name of Yates Store Road for the southern piece and named it Weldon Ridge Boulevard and will continue Yates Store Road naming on the extended roadway. He stated the Town did something similar to the north through Amberly as Yates Store Road. Mr. Bailey stated the developer has lost potential units to achieve the 90 degree intersection, and the closure of this right-of-way will allow the developer to make up for those lost units.
Mr. Portman stated if the right-of-way is not closed, then an island will be created in between the right-of-ways. Mr. Bailey concurred and stated it would result in a piece of land with no road for which the Town would own, and nothing could be done with it except for road construction. He stated through the PDD approval process, the thoroughfare plan and the subdivision plans in this area, the Town has previously required these connections. He added that this is the required process to close the land transaction.
ACTION: Mrs. Robison moved to approve the street closing of Yates Store Road right-of-way. Mr. Portman provided the second, and council granted unanimous approval.
(Resolution is also on file in the town clerk’s office.)
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F. LAND DEVELOPMENT DISCUSSION ITEMS (any item pulled from the land development consent agenda for discussion [item B.2. on this agenda] will be discussed during this portion of the agenda)
N/A
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G. COMMITTEE REPORTS
Operations Committee, June 5, 2008 (any item pulled from the committee consent agenda for discussion [agenda item B.3.] will be discussed during this portion of the agenda) (Mrs. Adcock)
1.
Climate Communities
(AD08-016)
Revised 6/9/2008 STAFF REPORT Operations
Committee, June 5, 2008 From:
William B. Coleman, Jr.
Climate Communities is a national coalition of cities and counties that is educating federal policymakers about the essential role of local governments in addressing climate change. Local governments have been at the forefront of the movement to address climate change. Over 800 cities, including Cary, have publicly pledged to reduce emissions by signing the U.S. Mayors Climate Protection Agreement. One-third of greenhouse gas emissions come from commercial and residential buildings. Local governments are uniquely suited to create programs and incentives to reduce energy use in buildings. Another third of greenhouse gas emissions are from transportation. Again, it is local government that provides land use, transit and transportation planning that impact rates of future emissions.
Climate Communities is currently advocating for significant new federal resources to support local actions to reduce greenhouse gas emissions. Three immediate opportunities include 1) urging Congress to include federal funding for local governments within proposed national cap-and-trade climate change legislation, 2) fully funding the recently authorized $2 billion Energy Efficiency and Conservation Block Grants Program, and 3) developing a local climate change demonstration pilot program at the U.S. Environmental Protection Agency.
Local Government Funding in Cap-and-Trade Legislation Congress is currently considering the Lieberman-Warner Climate Security Act of 2007 (S. 2191), which would create a market-based system to substantially reduce greenhouse gas emissions by 2050. The original version of the legislation provided no funding, no allowance allocations, no auction proceeds, no offset credits, no technical assistance, and no direct help for local climate activities. Climate Communities is working with Senators Barbara Boxer (D‑CA), Joseph Lieberman (ID‑CT) and John Warner (R‑VA), the sponsors of S. 2191, to demonstrate the essential role of local governments in using cleaner transportation, green buildings, alternative energy, and sustainable development to reduce greenhouse gas emissions and address the impacts of climate change. A recent amendment would provide $136 billion through 2050 for the Energy Efficiency and Conservation Block Grant (EECBG) program established in the recent Energy Bill and $171 billion through 2050 for mass transit.
Energy Efficiency and Conservation Block Grants Program The Energy Independence and Security Act of 2007 authorized $2 billion annually for the new Energy Efficiency and Conservation Block Grants (EECBG) Program, which would enable local governments to develop and implement comprehensive greenhouse gas reduction strategies. The EECBG Program would provide cities and counties with direct federal funding from the U.S. Department of Energy. However, Congress has yet to appropriate fiscal year 2009 funding for the EECBG Program. Climate Communities is urging Congress to provide full funding for the EECBG Program.
Climate Change Demonstration Pilots Climate Communities is working with Congress to provide $50 million for climate change local demonstration pilot grants. This would enable the U.S. Environmental Protection Agency to provide grants to units of local government to build capacity in efforts that reduce greenhouse gas emissions. Eligible activities would include establishing greenhouse gas inventories, developing and implementing greenhouse gas reduction strategies, conducting public outreach, coordinating with different levels of government, and obtaining appropriate training. Climate Communities proposes pilot demonstration grants of up to $500,000 for 100 communities annually.
In addition to supporting these efforts, becoming a member of Climate Communities may have additional benefits:
The Town’s federal legislative agenda currently includes advocacy for climate change legislation as well as full funding for the Energy Efficiency and Conservation Block Grant program. Joining a coalition focused just on these issues could have additional benefits. As an individual municipality, the Town’s influence is limited primarily to our own representatives and senators. This is very beneficial related to efforts to receive federal funding for specific local projects. It is not as effective, however, when advocating for legislation nationally. The Town of Cary is not even likely to get much of an audience with senators and representatives from other states, much less influence their views and votes. A coalition that is widely representative of local governments across the country will be more effective.
The Climate Communities coalition is currently made up of about 32 members from 16 states. Even with this relatively modest-sized group, the organization was successful in getting the Climate Security Act amended to include resources for local government. The Town of Cary then, has received the benefits of the organization’s efforts without incurring the costs (along with all of the other thousands of local governments that are not part of the group). While that may be an argument against joining the coalition, it should also be noted that it only works as long as others are willing to commit to the task. This is an example of the classic “free rider” problem. If everyone else pays, it is not necessary for any one party to pay. But when everyone acts as if they are the only one not paying, no one pays (or only the most highly committed), and the service is not produced (or is produced at much smaller quantities).
There are so many associations, corporations, institutions and other groups that are trying to influence the debate on climate change (and only one that represents local government) that communities acting alone are at a disadvantage when it comes to shaping the debate. A critical mass of communities acting together will provide a more effective voice than the same communities acting individually to help ensure that the enacted policies help, and not hurt, local governments.
Cary will continue to get information and be able to weigh in on climate change through its current relationship with The Ferguson Group and our federal legislative agenda. Through Climate Communities, however, Cary would have an opportunity to participate in a large, grass roots effort to make sure that polices set forth by the Administration and Congress reflect the needs and priorities of all local governments.
While Climate Communities is very active in the current congressional session, it is likely that not all of these issues will be resolved and will carry over to the next session. The Ferguson Group staff, Cary’s federal legislative consultants (who also manages Climate Communities), have told us that it is critical that local government be included in this year’s legislation whether or not it becomes law because this year’s legislation will likely be the starting point for future initiatives.
Although local government resources were eventually included in the Climate Security Act, the June 6 procedural vote in the U.S. Senate on cloture – which allows a bill to proceed – did fail. Until there is new proposed legislation on climate change, Climate Communities current focus will be on the Energy Efficiency and Conservation Block Grant program funding and an EPA demonstration pilot proposal. If this proposal is included in the House Appropriations process, Climate Communities will work with its members and as well as the EPA to shape the program. They will also identify resources through the next SAFETEA-LU for local greenhouse reductions. There may be other opportunities through the Water Resources Development Act and the reauthorization of the Oceanic and Atmospheric Administration.
As the momentum for climate change legislation continues to build, it is not only important that local government be at the table as the federal government tackles climate change and provides resources for investment in local solutions, but also that unfunded mandates are not pushed down to the local level. Being part of a national coalition is a long-term strategy to attain these goals.
Fiscal Impact: Annual dues for Climate Communities are based on population. For communities with populations from 100,000 to 250,000, dues are $8,000 a year. The following list shows a comparison of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||