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DRAFT (contact the town clerk at (919) 469-4011 for official minutes)
Cary Town Council Minutes Thursday, August 14, 2008 6:30 p.m.
Council Chambers
Click on links within this document for full text minutes. Present: Mayor Harold Weinbrecht, Mayor Pro Tem Julie Robison, Council Members Gale Adcock, Don Frantz, Ervin Portman, Jennifer Robinson and Jack Smith
A. COMMENCEMENT
1. Call to Order (Mayor Weinbrecht)
Mayor Weinbrecht called the meeting to order at 6:30 p.m.
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2. Ceremonial Opening (Mr. Portman)
Mr. Portman provided the ceremonial opening.
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3. Adoption of agenda (Town Council)
The mayor announced that the council members who have sponsored and co-sponsored agenda item H.3., regarding the occupancy tax and food and beverage tax, have requested to remove it from this agenda and place it on the next council meeting agenda.
ACTION: Mrs. Robinson moved to approve the amended agenda (including the removal of item H.3.). Mrs. Adcock provided the second, and council granted unanimous approval.
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B. CONSENT AGENDA
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 July 24, 2008 and the minutes of the town council work session held on July 22, 2008. (Approved)
ACTION: Mr. Portman moved to approve the consent agenda; Mr. Frantz provided the second; council granted unanimous approval.
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b. Consideration of approval of the July 2008 tax report. (Mr. Bill Coleman)
July 23, 2008
The Wake County Board of Commissioners, in regular session on July 9, 2008, approved and accepted the enclosed tax report for the Town of Cary.
It is hereby submitted for your approval.
ACTION: Mr. Portman moved to approve the consent agenda; Mr. Frantz provided the second; council granted unanimous approval.
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c. Consideration of ratifying the appointments to the Citizen Issue Review Commission. (Approved)
STAFF REPORT Town Council,
August 14, 2008 From:
Sue Rowland
Background:
On May 8, 2008, based on the work and recommendations of the Issue Advisory Group Task Force, council approved the creation of the Citizen Issue Review Commission (CIRC). The CIRC is to be comprised of seven citizen volunteers, randomly selected by staff, who have completed the Town of Cary School of Government. The CIRC will serve as the first step for citizens to form an official citizen issue advisory group and be sanctioned as such by the Town of Cary. The CIRC will review citizen applications and determine if a project qualifies for recommendation to the Town Council. More information on the CIRC is available at http://www.townofcary.org/boards/circ/circ.htm.
Applications for the commission were sent to all school of government graduates, with an application deadline of July 31, 2008. Eighteen graduates applied for the CIRC and the following seven were randomly selected to serve as members:
Mark Crispi, term expires February 1, 2010 Arvind Shah, term expires February 1, 2010 Graciela Abbate de Gillette, term expires February 1, 2010 Pearl McAdaragh, term expires February 1, 2011 Louis Eldridge, term expires February 1, 2011 Henry Fernandez, term expires February 1, 2012 Lori Crossland, term expires February 1, 2012
Mayor Pro Tem Julie Robison is the council liaison to the CIRC. She has recommended that Lori Crossland serve as chair for this commission.
Training for CIRC members will occur at the end of August, and their first organizational meeting will take place during the first part of September. Applications for citizen issue advisory groups will be accepted beginning October 1, 2008.
Fiscal Impact: None
Staff Recommendation: Staff recommends that council approve the suggested slate of appointments.
ACTION: Mr. Portman moved to approve the consent agenda; Mr. Frantz provided the second; council granted unanimous approval.
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2. Land Development Consent Agenda (click on this link for the full text minutes of the Land Development Consent Agenda)
a.
REZONING 08-REZ-05,
Kera
Gardens
b.
REZONING 08-REZ-03, Highcroft Village and Fryar Planned Development
District (PDD) Amendments
c.
SITE PLAN
07-SP-038, Chatham Pointe
d.
SITE PLAN 07-SP-115, McDonald’s
3. Operations Committee, August 7, 2008 (click on this link for the full text minutes of the operations committee consent agenda)
a.
Recommendations Regarding the Council Directed Reduction to the
FY2009 General Fund Budget (AD09-001)
b.
Request for Additional Funding
– White Oak and Bachelor Branch Interceptor and Pump Station Elimination
Projects (EN09-005)
c.
PSNC Easement Request (EN09-011)
d.
Contract Award – Professional
Services for the Kit Creek Pump Station Phase 2 Expansion Project (EN09-013)
e.
Contract Award – Professional
Services for the Wastewater Pump Station Improvements Project (EN09-014)
f.
Condemnation Resolutions –
Campbell Road Gravity Interceptor Project
(EN09-015)
g.
Requests for Assistance with
Street Storm Drainage System Rehabilitation
(EN09-016)
h.
Installment Purchase Contract
Resolution (FN09-001)
i.
Town Center Park PARTF Grant
Conversion (PR09-004)
j.
Merging Teen Advisory
Committee and Teen Council Executive Board
(PR09-006)
k.
Cary Depot Municipal Agreement
(EN09-012)
l.
Specialized Recreation Study
Implementation (PR09-005)
m.
Solar Photovoltaic Electrical
System for the Cary/Apex Water Treatment Plant
(PWUT09-002)
C. RECOGNITIONS, REPORTS, AND PRESENTATIONS
1. Special presentation by the Triangle J Capital Trees Program. (Presented)
Ms. Nixon presented presented the award to Mayor Weinbrecht.
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D. PUBLIC SPEAKS OUT (see official minutes)
Mr. Granger Marley urged council to change the ordinance pertaining to large home daycare facilities. His comments and petitions are attached to and incorporated herein as Exhibit.
Mr. Barry Rosch spoke against daycase businesses in residential areas. He stated the daycare facility across the street from him has caused increased traffic and noise and has detracted from his quality of life.
Mr. David George of Kite Realty Group stated they are developing Parkside Town Commons and are interested in the railroad crossing item. He stated he is available to answer questions if they arise.
Ms. Kelly Commiskey stated she has personally visited about 15 daycares, none of which were open after about 6:30 p.m. She stated in our society, people work different shifts and need flexible daycare hours. She is opposed to changing the laws for all daycares because one daycare caused a problem. She suggested that daycare hours should be stated at the special use public hearing. She fears that eliminating evening hours may lead to parents leaving their children unsupervised in the homes.
Mr. Craig McCrary distributed materials about a daycare located at 122 East Dynasty Drive (refer to Exhibit attached to and incorporated herein). He has been told the business would close, but they have not closed. He stated the owners have provided false information to the county. He urged council to direct staff to find this business in default instead of continually granting extensions. He stated this business has pick-ups and deliveries at all hours of the day and night. He does not believe the children are getting the care they need.
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E. PUBLIC HEARINGS (click on this link for the full text minutes of the public hearing items)
1.
MIXED USE SKETCH PLAN 08-MU-002, Old Apex Townhomes
2.
MIXED USE SKETCH PLAN 08-MU-004, Amendments to the Alston Activity
Center Concept Plan
3.
REZONING 08-REZ-08, Green Level Church Road Map Correction 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
G. COMMITTEE REPORTS (discussion items)
Operations Committee, August 7, 2008 (any item pulled from the committee consent agenda for discussion [agenda item B.3.] will be discussed during this portion of the agenda)
N/A
H. OLD/NEW BUSINESS (any item pulled from the regular consent agenda for discussion [agenda item B.1.] will be discussed during this portion of the agenda)
1.
Railroad Crossing ClosureS
New information added after the July 24, 2008 council meeting is shown below in bolded and italicized text. STAFF REPORT Town Council
Committee, August 14, 2008
Speaker: Tim Bailey, P.E., Director of Engineering From:
Tim Bailey, P.E., Director of Engineering
Staff is seeking feedback on a proposal to close two railroad crossings in the Carpenter area. Morrisville-Carpenter Road and Carpenter Fire Station Road would both be closed at the crossing of the CSX railroad. The plan would provide a bridged crossing of the railroad and road realignment in the vicinity of Carpenter Fire Station Road. Closing would also allow a new crossing at Little Drive extension. These road improvements are indicated on the transportation plan.
Work will occur in phases if the concept moves forward as follows. The first step would close Carpenter Fire Station Road railroad crossing. All traffic would be redirected to Morrisville-Carpenter Road. Turn lane improvements will be added to increase capacity at the single crossing. During this first step a new crossing on Little Drive extension could occur. Design, permitting, and property acquisition of a new bridge over the railroad tracks will occur while Morrisville-Carpenter Road crossing remains open. A draft agreement stipulates that construction must begin with five years of the Carpenter Fire Station Road crossing closure. After construction of the bridge is complete, Morrisville-Carpenter Road crossing will be permanently closed.
Public Hearing was advertised following the normal procedure. Notices were mailed to properties in the vicinity. Signs were posted at both crossings.
This item was tabled at the July 24, 2008 Town Council meeting and Staff was directed to request a delay in the closing of the Carpenter Fire Station Road crossing. Staff met with CSX, NCDOT Rail Division, CSX’s Consulting Engineers, and the Developer on August 7, 2008.
CSX was not interested in a delayed closing. They expressed concerns on additional crossings and relayed their goal to reduce the number of crossings to improve safety as soon as possible. Carpenter Fire Station Road is an unsignalized crossing. CSX’s goal for new crossings is to close three crossings in exchange for one new crossing. We have already negotiated a deal that is less than the standard and there was no room left to modify the agreement more beneficial to the Town and less beneficial to CSX.
Staff has mapped out a preliminary schedule to better estimate the duration of the Carpenter Fire Station Road crossing closure. We believe the duration of the closure before construction begins on the bridge will be three and one-half years, May 2010 to October 2013. The crossing must close during bridge construction and road work as the locations overlap.
Fiscal Impact: Cary’s cost of the project is estimated to be $17M. Funding is in place for design and permitting in the amount of $3M. It is anticipated that construction funding must be in place no later than FY2015.
Staff Recommendation: Staff recommends approval to close the crossings. Since the roads are NCDOT maintained, the final approval occurs through a State process. Staff also recommends proceeding with development of appropriate agreements.
Staff’s PowerPoint presentation is attached to and incorporated herein as Exhibit. Mr. Bailey of the engineering department stated about one-half mile south of this location the Town will begin construction in calendar year 2008 on a new crossing at the Morrisville Parkway Extension, which will provide a lot of access for this area. He stated it should be closed well in advance of any of these crossings that are subject to tonight’s action. He stated the timing of the closing is closely linked to the new crossing at the O’Kelly Chapel Road extension into the Research Triangle Park. He stated he has just learned that this will probably not occur until the fall of 2010 (instead of spring). He stated there is no need to open the rail crossing until the last link is provided. He stated when the new crossing is opened, this crossing will be closed, and road improvements will be made (including turn lanes) to route all the traffic across the single crossing at Morrisville Carpenter Roard. He stated the Town has five years after executing the agreement, and he believes about three years after closing this crossing the Town must begin construction of the Carpenter Fire Station Road relignment extension and the bridge in the vicinity shown in yellow on Exhibit. He stated once the bridge is complete, the Town will close the final crossing of Morrisville Carpenter Road. He stated these actions are in accordance with the transportation plan and support maintaining this area as an historic district and re-routing traffic. He stated the crossing at Carpenter Fire Station Road is unsignalized and ungated, and if the Town does not move forward with this action, then safety improvements may required at this corridor.
Mrs. Robinson is disappointed that CSX and the Town could not come to a better agreement; however, she is glad to hear that the closing will not be needed until 2010 when the new one opens. Mr. Bailey stated this is staff’s estimate, and the agreement ties those two directly so there is no need to close it before then. She stated it is also a good point that Morrisville Parkway will be extended. She stated the opening of the crossing at O’Kelly Chapel is critical for RTP traffic and will be beneficial for the entire community. She does not want to delay this by defending the Carpenter Fire Station Road crossing. She thinks the best option is to move forward as staff has proposed.
Mr. Portman asked about a grade separated crossing to the north of this site. Mr. Bailey replied that Good Hope Church Road turns west and crosses and is about one-half mile north of the current at-grade crossing at Carpenter Fire Station Road. He stated it is right-in/right-out on NC 55 with a median.
ACTION: Mrs. Robinson moved to proceed with the railroad crossing closures as outlined by staff for Morrisville Carpenter Road and Carpenter Fire Station Road. Mr. Frantz provided the second, and council granted unanimous approval.
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2. Consideration of a council-initiated request from Mayor Weinbrecht and co-sponsored by Mr. Portman to direct staff to review a potential ordinance amendment to limit the hours of operation of daycare centers that are located in residential districts. The council may take one of the following actions: (1) refer the request to the appropriate committee or council meeting, at which time a staff report with staff recommendation will be prepared, or (2) decide not to pursue the council initiated request. (Approved for staff to bring the issue to a future committee meeting)
The e-mail information about this issue follows in italics:
I will co sponsor this review. Erv Erv Portman Member at Large Cary Town Council
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-----Original Message----- From: Harold.Weinbrecht@townofcary.org [mailto:Harold.Weinbrecht@townofcary.org] Sent: Wednesday, July 30, 2008 9:40 AM To: Jeff.Ulma@TownofCary.org; council@CARY.townofcary.org Cc: Ben.Shivar@TownofCary.org; Bill.Coleman@TownofCary.org; Brad.Goettee@townofcary.org; Brent.Reck@townofcary.org; Debra.Grannan@TownofCary.org; Ricky.Barker@TownofCary.org; Sue.Rowland@TownofCary.org; Wayne.Nicholas@townofcary.org Subject: Re: Fw: Weinbrecht message copy to clerk
Council members, I am proposing, based on the problems that has occurred and can potentially occur in the future, that home day cares be limited in hours of operation since they are located in residential districts. I am sure there are legal issues and other issues that staff needs to look into. I would like a cosponsor to direct staff to look into changing the existing ordinance. Any interest in cosponsoring this proposal?
Thanks,
Harold Weinbrecht Mayor Town of Cary PO Box 8005 Cary, North Carolina 27512-8005 919-469-4011 harold.weinbrecht@townofcary.org
Mayor Weinbrecht is concerned that home daycares can result in unresidential type characteristics in residential neighborhoods, which are not in harmony with the neighborhood and may cause harm to current residents. He does not want to put home daycares out of business or propose a solution; rather, he would like staff to undertake a review and provide options to council.
Mr. Portman understands the need for flexible daycare hours, but he agrees that it warrants a review. He is interested in how other communities have dealt with this issue.
Mr. Frantz supports a staff review, and he also understands the need for flexible daycare hours. He thinks there is one daycare causing problems. He stated this particular daycare has indicated they are closing, and staff has allowed them time for parents to find alternate daycare options for their children.
Mrs. Adcock stated there are two issues: (1) making home daycares harmonious with neighborhoods and (2) doing something about the existing daycare that has not followed Town ordinances and handle it as expeditiously as possible.
Mr. Smith supports a staff review of the ordinance.
ACTION: Mr. Portman moved to ask staff to review the issue of home daycare use and hours of operation and come back to council with recommendations to address concerns and ensure we’re doing best practices as it relates to the way other communities regulate this type of use. Mr. Frantz provided the second.
Mayor Weinbrecht clarified that a future report will go to the planning and development committee.
Mrs. Robison asked for specific information on the extensions granted by staff. Staff will follow up with additional information to council.
Mrs. Adcock urged staff to work to balance the needs of the daycare owner and the neighboring residences. She thinks the neighbors’ needs have not been addressed to the same level as the daycare owner.
ACTION: Vote was called for on the motion, and council granted unanimous approval.
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This item was pulled from this agenda and will be placed on the August 28, 2008 council meeting agenda.
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I. CLOSED SESSION
ACTION: At 8 p.m. Mrs. Adcock moved to conduct closed session for the following purposes; Mr. Portman provided the second, and council granted unanimous approval.
PURSUANT TO G.S. 143-318.11(A) (3) AND (6), CLOSED SESSION IS CALLED TO:
1. CONSULT WITH ATTORNEYS EMPLOYED BY AND/OR RETAINED BY THE TOWN IN ORDER TO PRESERVE THE ATTORNEY-CLIENT PRIVILEGE BETWEEN THE ATTORNEYS AND THE TOWN. AMONG OTHER THINGS, THE COUNCIL EXPECTS TO RECEIVE ADVICE CONCERNING THE FOLLOWING LAWSUIT:
TOWN OF CARY V. SOUTH HILLS SHOPPING CENTER
2. CONSIDER THE QUALIFICATIONS, COMPETENCE, PERFORMANCE, CHARACTER, FITNESS, CONDITIONS OF APPOINTMENT, OR CONDITIONS OF INITIAL EMPLOYMENT OF ONE OR MORE INDIVIDUAL PUBLIC OFFICERS OR EMPLOYEES.
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J. ADJOURNMENT
ACTION: At 9:40 p.m. Mrs. Robinson moved to adjourn. Mrs. Adcock provided the second, and council granted unanimous approval. (Mrs. Robison and Mr. Portman were not present for this vote, and they were not excused from voting; therefore, the record reflects an affirmative vote for them.)
Please contact the Cary Town Clerk with any questions about this action agenda. The e-mail address is sue.rowland@townofcary.org, and the phone number is (919) 469-4011. Visit our Web site at www.townofcary.org for more detailed information about each agenda item.
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