DRAFT

(contact the town clerk at (919)469-4011 for official minutes)

 

Cary Town Council Meeting Minutes

Thursday, October 16, 2008

6:30 p.m.

Council Chambers
316 N. Academy Street, Cary, N.C.
Web Site: 
www.townofcary.org

 

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.

 

_________________________

 

2.    Ceremonial Opening (Mr. Smith)

 

Mr. Smith provided the ceremonial opening.

 

_________________________

 

3.   Adoption of agenda (Town Council)

 

The mayor announced that staff would like to give an economic and financial update pertaining to the Town of Cary. He suggested this be added as a new business item.

 

ACTION: Mr. Smith moved to adopt the agenda with the addition suggested above. Mrs. Adcock provided the second, and council granted unanimous approval.

 

_________________________

 

B.   CONSENT AGENDA

 

The council pulled the following items from the consent agenda for discussion:

·         Item B.1.d., consideration of ratifying the land development ordinance amendments that were adopted on September 25, 2008; this item will be discussed during old/new business portion of the meeting.

·         Item B.3.i., Cary Community Art Center Design; this item will be discussed during the committee discussion portion of the meeting.

 

 

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 September 25, 2008; and the minutes of the work session held on September 23, 2008 regarding downtown streetscapes and aquatics. (Approved)

 

ACTION: Mrs. Adcock moved to approve the consent agenda, with the exception of the two items pulled for discussion (B.1.d., consideration of ratifying the land development ordinance amendments that were adopted on September 25, 2008 and B.3.i., Cary Community Art Center Design). Mrs. Robison provided the second, and council granted unanimous approval.  

 

_________________________

 

 

b.   Consideration of appointing Mrs. Robison as Cary’s official voting delegate at the National League of Cities Annual Business Meeting on November 15, 2008. (Approved)

 

ACTION: Mrs. Adcock moved to approve the consent agenda, with the exception of the two items pulled for discussion (B.1.d., consideration of ratifying the land development ordinance amendments that were adopted on September 25, 2008 and B.3.i., Cary Community Art Center Design). Mrs. Robison provided the second, and council granted unanimous approval.  

 

_________________________

 

 

c.   Consideration of appointing Mayor Weinbrecht, Mayor Pro Tem Robison and Council Member Smith to serve on the retreat planning subcommittee. (Approved)

 

ACTION: Mrs. Adcock moved to approve the consent agenda, with the exception of the two items pulled for discussion (B.1.d., consideration of ratifying the land development ordinance amendments that were adopted on September 25, 2008 and B.3.i., Cary Community Art Center Design). Mrs. Robison provided the second, and council granted unanimous approval.  

 

_________________________

 

 

d.   Consideration of ratifying the land development ordinance amendments that were adopted on September 25, 2008. (Removed from consent agenda for discussion; see item H.3.)

 

_________________________

 

 

 

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.   COMPREHENSIVE PLAN AMENDMENT 08-CPA-04, Greystone Planned Development District
Property Location:
East of Green Level to Durham Road and south of Mills Park Drive
Current Land Use Plan: Medium Density Residential (MDR)
Proposed Land Use Plan: Mixed Use (MXD)
Current Zoning: Planned Development District (PDD)
Proposed Zoning: Planned Development District (PDD) Amendment
Acreage: 13.57 ±
Planning and Zoning Board recommendation: Unanimous to approve
Speaker: Mrs. Meredith Chandler and Ms. Kelly Commiskey
Proposed council action: Council may take action
(Approved)

 

Request

 

The applicant is requesting an amendment to Map 1, Future Land Use, of the Town’s Northwest Area Plan to change the land use designation of approximately 13.57 acres located within the Greystone PDD boundary, east of Green Level to Durham Road and south of Mills Park Drive, from Medium Density Residential (MDR) to Commercial or Office/Institutional (COM or OFC/INS).

 

The purpose of a comprehensive plan amendment is to evaluate the appropriateness of a proposed land use and/or other issue, need, or opportunity for the subject parcel(s) of land.  Specific development requirements related to the technical aspects of land development, such as access, stormwater management, road improvements, utility line placement, road connectivity and landscape plantings, are not considered during the comprehensive plan amendment process.  However, all of these development issues must be addressed for compliance with existing requirements specified in the Land Development Ordinance (LDO) when the site or subdivision plan is submitted

 

Background Information

 

Applicant and Agent

J. W. Shearin, AICP

ETd

2880 Slater Road Suite 200

Morrisville, NC  27560

919-481-2021

jwshearin@etdpa.com

Acreage

13.57+/- acres

General Location

 

East of Green Level to Durham road and south of Mill Park Drive

Hearings / Meetings

Public Hearing

July 24, 2008

Planning & Zoning

September 15, 2008

Town Council

October 16, 2008

Existing Land Use Plan Designation

 

Medium Density Residential (MDR)

Requested Land Use Plan Designation

Commercial or Office/Institutional (COM or OFC/INS)

P&Z Recommendation

Recommended Approval 6-0

Town of Cary Staff Contact

Meredith Chandler, RLA, AICP

Town of Cary Planning Department

919-460-4983

meredith.chandler@townofcary.org

 

Subject Parcels

 

PARCEL & OWNER INFORMATION

Property Owner(s)

County Parcel

Numbers  (10 digit)

Real Estate ID(s)

Area (Deeded Acres)

MI Homes LLC

1511 Sunday Drive, Suite 100

Raleigh, NC  27607

0724875950 (portion of)

0023963

13.57+/- acres

Total Acres

13.57+/- acres

 

Applicable Comprehensive or Area Plan Requirements:

 

A. Northwest Area Plan:  This request is for an amendment to the Northwest Cary Area Plan, an element of the Town’s Comprehensive Plan.  The current land use designation for this site is Medium Density Residential (MDR) which is defined as single family attached or detached housing at three to eight units per acre.  The applicant is requesting the land use designation be changed to Commercial or Office/Institutional (COM or OFC/INS).  As per the Northwest Area Plan, a Commercial (COM) designation includes uses such as shopping centers, general retailers, specialty shops, boutiques, art galleries, grocery stores, pharmacies, drug stores, banks, bakeries, specialty food, restaurants, sandwich shops, coffee houses, movie theatres, entertainment spots, hotels/motels, health and fitness clubs, personal services, print/copy shops, video rentals, dry cleaners, and auto dealerships (salesrooms only).  Also as per the Northwest Area Plan, an Office and Institutional (OFC/INS) designation includes all types of office and institutional uses such as corporate and professional offices (large and small), general business offices, clinics, nursing homes, banks, churches, schools, daycare, government offices, and so forth.

 

B.  Comprehensive Transportation Plan (CTP): 

The Town’s Transportation Plan identifies two thoroughfares:

 

Morrisville Parkway

 

Existing Section:  N/A

Future Section:  4-lane median divided, 100’ right-of-way (ROW)

Road Improvements:  Design complete Spring 2009 (see Town of Cary website for project details)

Sidewalks Requirements: required on both sides

Bicycle Requirements: 14’ wide outside lanes required

Transit Requirements:  TBD

Traffic Analysis:  N/A

 

Mills Park Drive

Existing Section:  approximately 70’ ROW

Future Section:  proposed Collector Avenue on the Draft CTP Update

Road Improvements:  TBD with CTP update

Sidewalks Requirements: TBD with CTP update

Bicycle Requirements: TBD with CTP update

Transit Requirements:  TBD

Traffic Analysis:  N/A

 

C.  Parks & Greenways Facilities Master Plan: 
According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan and the previously approved Greystone PDD, a greenway is planned along the western side of the property.  A recreation payment-in-lieu will be required for residential development in accordance with the Land Development Ordinance.  Other related issues will be discussed as part of the associated rezoning case, 08-REZ-07.

 

D.  Open Space and Historic Resources Plan: 

According to the Open Space and Historical Resources Plan (OSHRP), this area is identified as an existing agricultural site and was proposed for open space conservation; however, the site was approved for development with the original Greystone PDD.

 

E.  Affordable Housing Plan: 
The Affordable Housing Plan includes the following five goals that may be relevant to this case if the applicant’s request is not approved, and the land use designation remains as Medium Density Residential (MDR):

1.   Provide for a full range of housing choices for all income groups, families of various sizes, seniors, and persons with special challenges.

2.   Facilitate the creation of a reasonable proportion of the Town of Cary’s housing as affordable units through additional homeownership opportunities for individuals and families earning between 60% and 80% of area median income and affordable apartments for individuals and families earning up to 60% of the area median income.

3.   Encourage the location of high density housing within walking and convenient commuting distance of employment, shopping, and other activities, or within a short walk of a bus or transit stop, through "mixed use" developments, residences created on the upper floors of nonresidential downtown buildings, and other creative strategies.

Staff Observation:  There is a minimal loss of moderate density housing within walking distance of schools; however, the proposed commercial and/or office development may place other services within walking distance of other residential parts of Greystone.

4.   Facilitate the affordable housing activities of other entities within the Town of Cary, including construction of affordable housing units, homeownership training and marketing assistance.

5.   Assure a quality of living environment and access to public amenities for all residents, present and future, of the Town of Cary, regardless of income.

 

F.  Growth Management Plan:  The Growth Management Plan includes the following three Guiding Principles which are relevant to this case: 

1.   R1 Guiding Principle:  Ensure that adequate infrastructure and services are available concurrently with new development. 

Analysis:  Based on Town of Cary Geographic Information Systems (GIS), sewer lines are stubbed to the subject property, and waterlines will need to be extended to the property.  Two thoroughfares will need to be constructed along the western and southern boundaries of the property.

2.   L1 Guiding Principle:  Concentrate growth near existing and planned employment centers and available and planned infrastructure to minimize costly service-area extensions.

Analysis:  The subject site is located adjacent to a future Western Wake Parkway interchange.  The site is also less than two miles from the Alston Regional Mixed Use Center and less than three miles from Research Triangle Park.

3.   L2 Guiding Principle:  Ensure that future growth protects sensitive natural resources and protects open space.

Analysis:  Any site plan submitted in the future will follow the Town of Cary’s Land Development Ordinance, Community Appearance Manual, and Design Guidelines Manual.

 

Comparison of Existing and Requested Land Use Plan Designations

 

 

Current Land Use

Proposed Land Use

Land Use

Medium Density Residential (MDR)

Commercial (COM) or Office/Institutional (OFC/INS)

Development Potential

40 to 108 units

May include 83,000 to 118,000 square feet of commercial and/or office development (numbers based on typical floor area ratios in Cary)

 

Applicant’s Justification Statement Submitted May 29, 2008:

 

Provided below are the applicant’s responses to the Comprehensive Plan Amendment Justification Questions contained in the application form.  (The application questions are repeated below).  Please note that the statements below are that of the applicant and does not necessarily represent the views or opinions of the Town of Cary:

 

How is the proposed request reasonable?  In explaining how it is reasonable, please address the following, if applicable:

 

1.  Describe how the requested amendment is warranted due to changes in conditions, forecasts, or assumptions since the original Comprehensive Plan recommendations were developed.

Response:  Since the Comprehensive Plan recommendations were developed many factors have changed to warrant mixed use in this area.  This area has seen much residential growth develop creating an immediate need for neighborhood services to be readily available to nearby neighborhoods.  I-540 is now planned for areas adjacent to the subject area, Tract A, making the single use designation of medium-density residential not favorable and adding the office, multi-family and commercial components.    The Comprehensive Plan never could have forecasted the current economic market, which has drastically changed in the region, making more affordable housing options like multi-family much needed like never before seen.

2.  Describe how the requested amendment is warranted due to new issues, needs, or opportunities that have arisen in this geographic area since the original Comprehensive Plan recommendations were developed. 

Response:  As mentioned above, the population growth with the development of other Greystone tracts in addition to surrounding residential developments has made a new issue or need of neighborhood commercial needs to be present near-by.  Additionally, the collector, Mills Park Drive, has now been completed, bisecting the tract and creating the ideal opportunity for mixed use on the tract.

3.  Describe how the requested amendment is warranted due to changes in Town policies, objectives, or standards since the original Comprehensive Plan recommendations were developed.

Response:  Recently, the intent of a Planned Unit Development has evolved to encourage a mix of residential and non-residential use, which is the intent of this PDD and CPA amendment request.

4.  Describe how the requested amendment is warranted due to errors or omissions in the current Comprehensive Plan.

Response:  There were no errors in the current Comprehensive Plan, and no foreseen omissions that could have been prevented when the Comprehensive Plan was originally adopted.

 

Town Council Public Hearing July 24, 2008

 

A.  Public Hearing Comments

No citizens came forward to speak at the Town Council public hearing.

 

B.  Town Council Questions and Comments

Town Council had no questions or comments after the public hearing.

 

C.  Changes Since the Public Hearing

The applicant originally requested to amend the land use designation from Medium Density Residential (MDR) to Mixed Use (MXD).  The Northwest Area Plan defines Mixed Use as a mix of commercial, office, and medium to high-density residential uses, and stipulates that a single use may not substantially dominate an entire area.  The applicant has since stated that he prefers not to provide residential development at this location, and would like to have the option of having a single use, either commercial and/or office.  The applicant has revised the amendment request to a Commercial or Office/Institutional (COM or OFC/INS) land use designation. 

 

Planning and Zoning Board Meeting September 15, 2008

 

A.  Public Hearing Comments

The applicant’s representative, J. W. Shearin, stated that the Mills Park Drive collector and other associated improvements created by surrounding development have drastically impacted the site.  Mr. Shearin also noted that potential noise generated by the proposed Western Wake Parkway will not lend itself well to residential use. 

 

No citizens came forward to speak at the Planning and Zoning Board Public Hearing on September 15, 2008.   

 

B.  Planning and Zoning Board Actions and Analysis

One Board member asked what the distance was between the subject site and the proposed Western Wake Parkway.  The applicant stated that the future interchange ramp will be about 200 feet away from the subject site.  The proposed Western Wake Parkway corridor location is 800 feet away from the subject site.

 

Mr. Brent Miller voiced his support of the plan recognizing the need for services in this area. 

 

The Board stated that this request seemed reasonable based on the identification of new issues, needs, or opportunities that are not adequately addressed in the Comprehensive Plan.  A motion was made to forward the case, 08-CPA-04 Greystone PDD Amendment, to Town Council with a recommendation for approval.  The motion passed 6-0.

 

C.  Changes Since the Planning and Zoning Board Meeting

There have been no changes to this case since the Planning and Zoning Board meeting. 

 

Staff Analysis

 

A.  Background

Mills Park Elementary and Middle Schools and Hawes Park are located north of the subject parcel.  Existing Medium Density Residential development is located to the west of the site, and vacant land with a Medium Density Residential (MDR) land use designation is located on the south side of the site.  A proposed Western Wake Parkway Interchange is located on the east side of the subject property.  Also between the subject property and the proposed Western Wake Parkway is an area designated as Mixed Use (MXD); however, the future interchange will eliminate the development potential for most if not all of this adjacent property with the Mixed Use (MXD) designation.

 

B.  Justification

Commercial or Office/Institutional development between the proposed Western Wake Parkway interchange and existing and future residential development would provide a needed transition between the highway and existing and future residential neighborhoods.  Commercial and/or Office/Instructional development may also provide services and/or employment for the nearby residential neighborhoods and could provide supporting services for the adjacent schools.  In addition, the new collector road, Mills Park Drive, has changed development potential and impacts for this site.  All of these items contribute to the identification of new issues, needs, and opportunities not previously addressed in the Comprehensive Plan. 

 

Staff recommendation

 

Based on the above staff analysis, staff believes the criteria for considering a Comprehensive Plan Amendment has been met.  Staff recommends approval of this request.

 

Criteria for Consideration in Reviewing Comprehensive Plan Amendments:

 

Section 3.2.2(B) of the Land Development Ordinance states that “Proposals to amend the Comprehensive Plan shall be evaluated based upon whether the amendment is necessary in order to address conditions including, but not limited to, the following:

  • A change in projections or assumptions from those on which the Comprehensive Plan is based;

Staff Comment:   No changes have been identified.

  • Identification of new issues, needs, or opportunities that are not adequately addressed in the Comprehensive Plan;

Staff Comment:   The location of Mills Park Elementary School has shifted eastward within the Hawes tract since the Northwest Area Plan was completed in 2002.  Further, a middle school was added to the site.  A new collector road has been added since 2002, and a transition is needed between the future highway interchange and the existing and future residential development. 

  • A change in the policies, objectives, principles, or standards governing the physical development of the Town or any other geographic areas addressed by the Comprehensive Plan; or

Staff Comment:   None have been identified.

  • Identification of errors or omissions in the Comprehensive Plan.

Staff Comment:   None have been identified.

 

Town Council Motion Options

 

Approval Motion: 

I move that we amend Map 1, Future Land Use of the Northwest Area Plan, as currently proposed by the applicant.

 

Approval with Modifications Motion:

I move that we amend Map 1, Future Land Use of the Northwest Area Plan, as currently proposed by the applicant with the following further changes and modifications:  (list any additional changes).

 

Denial Motion:

I move that we deny the proposed amendment because it fails to meet the requirements of Section 3.2.2(B) of the Land Development Ordinance for a Comprehensive Plan Amendment.

 

ACTION: Mrs. Adcock moved to approve the consent agenda, with the exception of the two items pulled for discussion (B.1.d., consideration of ratifying the land development ordinance amendments that were adopted on September 25, 2008 and B.3.i., Cary Community Art Center Design). Mrs. Robison provided the second, and council granted unanimous approval.  

 

_________________________

 

 

3.   Operations Committee, October 2, 2008 (Click on link for full text minutes of the operations committee consent agenda items)

 

a.   Petition for Water and Sewer Service – 2416 Stephens Road (EN09-030)
Committee unanimously recommended approving a petition submitted by the residents of 2416 Stephens Road requesting water and sewer service and incorporating the cost into the previously approved Stephens Road Water and Sewer Extension Project, SW5015 and WT5015 with the water and sewer system construction funding being added to the accounts as follows:  1) an appropriation in the amount of $35,000 from the host account, SW1087, in the amount of $35,000 to fund the additional sewer construction into the construction budget for project SW5015, Stephens Road – Phase 1 Sewer Extension, reducing the remaining balance of SW1087 to $2,211,458.32 to fund new petition-initiated sewer projects and, 2) an appropriation in the amount of $35,000 from the host account, WT1094, to fund the additional water construction into the construction budget for project WT1015, Stephens Road Water Extension, reducing the remaining balance of WT1094 to $1,649,918.76 to fund new petition-initiated water projects.
(Approved)

 

b.   Bid Award – Jenks Road Waterline Taps (EN09-033)
Committee unanimously recommended awarding the Jenks Road Waterline Taps Project in the total amount of $364,370 to Pipeline Utilities, Inc.  The recommendation of an award would represent a preliminary determination as to the qualification of the bidder and no legally binding acceptance of the bid or offer would occur until the Town has executed a written agreement.
(Approved)

 

c.   Animal Ordinance Amendment (PD09-003)
Committee unanimously recommended approval of proposed changes to Ordinance Sec. 6-3, Definitions, Ordinance Sec. 6-63, Exotic or Wild Animals, and Ordinance Sec. 6-137, Disposition of Unredeemed Animals.
(Approved)

 

d.   Amendments to Schedules (PD09-004)
Committee unanimously recommended approval of the adoption of an ordinance amendment to the Town Code Sec. 34 329, Stop Streets.
(Approved)

 

e.   Budget Adjustment – Morris Branch Pedestrian Tunnel Project (PR09-010)
Committee unanimously recommended approval of a budget adjustment to provide additional funding for the design and construction of a pedestrian tunnel for the future Morris Branch Greenway as follows:  1) authorization to use funding from PR1098 – Morris Branch Pedestrian Greenway Underpass to fund the construction of 3,000 linear feet of multi-use trail along Green Level to Durham Road and, 2) authorization of an appropriation of $464,000 from PR1099 – Nancy Branch Pedestrian Greenway Underpass to the construction account within PR1098 – Morris Branch Pedestrian Greenway Underpass, resulting in an adjusted budget of $56,000 in the PR1099 – Nancy Branch Pedestrian Greenway Underpass project and $984,000 in the PR1098 – Morris Branch Pedestrian Greenway Underpass project.
(Approved)

 

f.    Scholarship Donation Program (PR09-013)
Committee unanimously recommended that staff be authorized to negotiate the final contract with CCA, Inc., for the administration of the PRCR Scholarship Program with funds to be raised through PRCR Advisory Board activities, and an appropriation of funds in the amount of $30,000 from the General Fund fund balance to initiate the scholarship account for PRCR Scholarships.
(Approved)

 

g.   Utilities Division Competitive Assessment Studies (PWUT09-005)
Committee unanimously recommended council accepting the summary of four competitive assessment studies performed on Utilities Division of the Public Works and Utilities Department.
(Approved)

 

h.   Western Wake Biosolids Drying and Energy Recovery Facility Consultant Selection (EN09-032)
Committee unanimously recommended that an engineering services contract be awarded to Brown & Caldwell for the Western Wake Biosolids Drying and Energy Recovery Facility Project at a total design phase value of $830,000.  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 Lead Agency, the Town of Cary, has executed a legally binding agreement.  Committee further recommended creating a new encumbrance for the Western Wake Biosolids Drying and Energy Recovery Facility in the amount of $830,000 to cover engineering design fees, funding the new capital project from the contracted services account within capital project SW1123 WWRMF – New Water Reclamation Facility project.
(Approved)

 

i.    Cary Community Art Center Design (PR09-012)
Committee unanimously recommended approval of the design for Cary Community Arts Center, including Integrated Public Art Concepts which incorporates texture, pattern and color to the exterior fly tower expansion along with all other design features and concepts of the Cary Community Arts
Center. (Removed from consent agenda for discussion; see item G.2.)

 

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

 

1.   Presentation of a proclamation recognizing October as Arts and Humanities Month in Cary. (Presented)

 

Recognizing October 2008 as

NATIONAL ARTS AND HUMANITIES MONTH

in the Town of Cary

 

WHEREAS, the Town of Cary has over 50 active cultural organizations that enrich the lives of our citizens every day through a wide range of programs, classes, festivals and events that celebrate the value of the arts and humanities in elevating the human spirit; and

 

WHEREAS, the arts and humanities embody much of the accumulated wisdom, intellect, and imagination of humankind; and

 

WHEREAS, Cary provides numerous opportunities throughout the year to citizens to enjoy art exhibitions; learn from historical lectures; attend a variety theatre performances,  concerts and musical events; see dancers take breathtaking leaps and bounds; come together to celebrate colorful festivals and celebrations; and discuss public art throughout our community; and

 

WHEREAS, last year over 322,340 people attended over 140 events and performances, 9,800 took over 400 classes in arts and humanities, over 5,000 hours were spent in studios creating art, over 2,000 citizens performed on stages and facilities across Cary, and almost 600 volunteers helped create this rich creative environment; and

 

WHEREAS, the nonprofit arts industry also strengthens our economy by stimulating economic activity and providing jobs throughout our community, our state and our nation; and

 

WHEREAS, for more than two decades the month of October has been recognized and celebrated as National Arts and Humanities Month by thousands of arts and cultural organizations, communities, and states across the country, as well as by the White House and Congress.

 

NOW, THEREFORE, BE IT RESOLVED, that I, Mayor Harold Weinbrecht on behalf of the Town Council, do hereby proclaim October as National Arts and Humanities Month in Cary, North Carolina, and call upon our citizens to celebrate, participate and promote the arts and humanities in our community.

 

PROCLAIMED the 16th day of October, 2008.

 

Mrs. Adcock presented the proclamation to David Lindquist, vice-chair of the cultural arts committee, and Lyman Collins of the parks, recreation and cultural resources staff.

 

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

 

_________________________

 

 

2.   Presentation of a proclamation recognizing October as Domestic Violence Awareness Month in Cary. (Presented)

 

DESIGNATING OCTOBER 2008 AS

DOMESTIC VIOLENCE AWARENESS MONTH IN CARY

 

WHEREAS, domestic violence is a serious crime, which violates an individual’s privacy, security and humanity, spanning the socio-economic spectrum, touching all races and ethnicities; and

WHEREAS, officers respond to numerous domestic violence calls each year, being the first line of defense against this devastating crime.  In the Town of Cary, our police officers respond to approximately 100 calls per month for help in domestic violence incidents; and

WHEREAS, the effects of domestic violence impacts all persons living in the home, whether they are young children or older siblings, and the emotional and physical scars can present lifelong problems; and

WHEREAS, Domestic Violence Awareness Month calls renewed attention to this national epidemic, and a renewed effort to provide safety and security to the citizens affected; and

WHEREAS, Domestic Violence Awareness Month provides renewed focus on the victims and the assistance and services we, as a town, comprised of government and public safety agencies, can offer to them.

NOW, THEREFORE, I, Harold Weinbrecht, Jr., Mayor of the Town of Cary, North Carolina, on behalf of the Cary Town Council, do hereby proclaim October 2008 as Domestic Violence Awareness Month in the Town of Cary, North Carolina and urge all citizens to reach out to victims and help educate people about the vital importance of ending this violent crime.

 

PROCLAIMED this 16th day of October, 2008.

 

Mrs. Robison presented the proclamation to Detective Michelle Savage and Sergeant Stephan Lampert of the Cary police department.

 

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

 

_________________________

 

 

3.   Recognition of retiring Town Manager Bill Coleman. (Recognized Mr. Coleman; named the main stadium field at the USA Baseball National Training Complex as the William B. Coleman, Jr. Field at USA Baseball Stadium.)

 

The council thanked Mr. Coleman for his years of service. They presented the Order of the Long Leaf Pine to him on behalf of Governor Easley.

 

ACTION: Mrs. Robinson moved to adopt the following resolution; Mrs. Robison provided the second; council granted unanimous approval.

 

"HONORING WILLIAM B. COLEMAN, JR. UPON HIS RETIREMENT"

 

WHEREAS, William B. Coleman, Jr. (Bill) was raised in the small town of Red Springs, North Carolina, where this close-knit community instilled in him the values that he embodies today, and where the teamwork he learned on the baseball field at a young age translates into his leadership abilities today; and

WHEREAS, after graduating from Red Springs High School, Bill went on to earn his Batchelor of Arts degree in Political Science from Wake Forest University and his Master of Public Administration degree from North Carolina State University; and

WHEREAS, Bill’s local government experience spans more than 32 years, including serving as the Local Assistance Coordinator for the Lumber River Council of Governments from 1976 to 1977; the Town Manager of the Town of Pittsboro from 1977 to 1978; the County Manager of Chatham County from 1978 to 1983; the Town Manager of the Town of Southern Pines from 1983 to 1988; the Assistant Town Manager of the Town of Cary from 1988 to 1994; and the Town Manager of the Town of Cary from October 14, 1994 through October 17, 2008; and

WHEREAS, since Bill’s employment with the Town of Cary, the population has grown from 40,810 to 132,647; the annual budget has increased from less than 45 million dollars in fiscal year 1989 to more than 290 million dollars in fiscal year 2009; and the staff has increased from 364 positions in 1988 to 1,150 today; and

WHEREAS, under Bill’s leadership the Town has received numerous awards and accolades, including Money Magazine’s Hottest Town; multiple coveted AAA bond ratings; awards for Distinguished Budget Presentation and Excellence in Financial Annual Reporting; numerous national awards for public information tools and initiatives; continual recognition as one of the safest large cities; national accreditation for our police, fire, and parks, recreation and cultural resources departments; recognized nationwide as a provider of innovative, high-quality and cost-effective municipal services such as water, wastewater, reclaimed water, solid waste and recycling; state and national recognition for innovative planning and zoning approaches and programs, including designation as a bronze-level Bicycle Friendly Community; next day inspections and express building plan review; state-of-the-art traffic management system; nationally recognized employee development program; and known by our neighbors both near and far as the “technology town”. Additionally, Cary has become an amateur sports mecca with its world class facilities; and

WHEREAS, Bill has adapted well as the Town has constantly changed. In Cary he has experienced 10 municipal elections and has worked directly for four mayors and twelve council members. During his tenure with the Town of Cary he has displayed a great skill at determining the vision of the seated council and turning that vision into reality through his day-to-day management of operations and services.

NOW ,THEREFORE, BE IT RESOLVED that in honor of Bill’s dedicated service to the Town of Cary and his life’s passion for the game of baseball, the Cary Town Council hereby officially names the main stadium field at the USA Baseball National Training Complex as the William B. Coleman, Jr. Field at USA Baseball Stadium.

FURTHERMORE, we, the Town Council, acknowledge that much of Cary’s success and high quality of life can be directly attributed to Bill Coleman’s leadership. We thank Bill for his service to the citizens of Cary, and we wish him much continued success as he leaves the government sector for the private workforce.

            ADOPTED this 16th day of October, 2008.

 

The council presented Mr. Coleman with the above resolution, and Mr. Coleman thanked the council for the honor and the opportunity to serve as Cary’s Town Manager.

 

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

 

_________________________

 

 

D.   PUBLIC SPEAKS OUT

 

Mr. Samir Hakooz spoke about the amphitheatre noise issues. They enjoy many events at this facility; however, many recent high energy concerts have generated a lot of noise so that they cannot even hear their televisions in their homes. They understand and accept some noise, but recent events have elevated the situation. He requested that the Town adhere to the consultant’s sound recommendations.

 

Mr. Larry LaFreniere stated the amphitheatre noise issue has worsened recently. He thinks the noise level has been relaxed by the venue. He stated the penalty is not severe and he does not think it is strictly enforced. The consultant’s recommendation is 92 db with a one-minute average. He stated in the 2005 management report, the council adopted that the one-minute average be changed to a 10-minute average, which is a much greater noise experience. He asked council to review this. Refer to Exhibit, attached to and incorporated herein, for a handout that Mr. LaFreniere distributed.

 

Mr. Paul Brunswick suggested that council look at the amphitheatre’s relationship with fixed expenses and the increased pressure to attract more rock concerts to cover the expenses. He suggested to scale down the overhead and return to a community venue. Refer to Exhibit for a handout provided by Mr. Brunswick.

 

Mr. Sam Wyrick stated he is an avid concert attender, and he loves the amphitheatre; however, he resents the excess noise that diminishes the sanctity of his home due to high energy performances. He stated most patrons enjoy the sound and then leave; however, he can never leave the sound. He stated the council acts as stewards of his quality of life. He is asking that council maintain the noise levels adopted in 2003 and that they be strictly enforced. He stated they will be happy to provide a sound demonstration for the council.

 

Ms. Marjorie Tompkins spoke about the definition changes in the Greenlevel area (low and very low density). She thinks the original plan should be maintained and should continue to exclude life care communities as an allowed use. She stated by definition these uses are comprised of several uses (nursing, assisted living, apartments). She thinks the footprint is too large for residential neighborhoods. She is not allowed to file a formal protest because she lives in the ETJ. She stated it feels to her that the council has already decided to approve this proposal. She fears her area will be spoiled by this proposed development. She asked how she and her neighbors can impact this process and not feel so powerless. She suggested that the life care community be scaled back and not include the apartments. She wants to maintain her existing quality of life.

 

Mr. Jim Bustrack spoke about agenda item G.1., amphitheatre issue. He supports the facility and encouraged council to approve the management plan and budget. He is a frequent patron and has recently volunteered at the venue and on the amphitheatare advisory committee. He is a season pass holder and will renew it in 2009. He is encouraged by the possibility of a summer theater program. He stated feedback sought from the neighbors at advisory committee meetings has been sporadic; he knows that amphitheatre staff closely monitors the noise levels.

 

_________________________

 

 

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

1.   BOARDS AND COMMISSIONS
Subject:
Public hearing on a revised boards/commissions appointment process (includes amendments to Chapter 2 of the Town of Cary Code of Ordinances; a policy statement on the council process for appointments to volunteer boards; and changes to board applications).
Speaker: Mrs. Karen Gray
Proposed council action: After the public hearing, refer to the October 30, 2008 council meeting agenda for final action.
 (Conducted public hearing; referred item to the 10/30/08 council meeting agenda for final action)

2.   STREET CLOSING
Subject:
Consideration of adoption of a resolution to close a portion of the London Plain Court right-of-way.
Speaker: Mr. Tim Bailey
Proposed council action: Council may take action. (Approved)

3.   Land Development Ordinance Amendments
Subject:
Public hearing on proposed modifications to the Land Development Ordinance (LDO) with regards to the items listed below. Specific chapters are listed, and other related items and sections may also be considered for changes.
Speaker: Mr. Bob Benfield
Proposed council action: Refer to the November 18, 2008 planning and zoning board meeting (Referred to a 12/8/08 planning and zoning board work session followed by the December planning and zoning board regular meeting)

LDO Section

LDO Heading

Amendment Purpose

4.2.3

PDD: Planned Development Districts

Removes ability to request removal of existing vegetation in protected areas (streetscapes and buffers) at the time of rezoning to a PDD.

7.2.3

Requirements for Perimeter Buffers and Landscape Areas

Requires perimeter buffers to be installed at the conclusion of any partial grading activities.

7.2.4

Streetscape and Streetfront Landscaping

Clarifies requirements for thinning in streetscapes.

7.2.5

Tree Surveys, Protection, and Replacement

Requires signage in Spanish, Increases the radius of tree protection fencing for Champion Trees, Establishes minimum spacing for replacement trees.

7.2.6

Vehicular Use Area Landscaping

Requires parking lot trees at 1 per 7 spaces rather than on the current 60’ spacing basis.

7.2.9

Miscellaneous Landscaping Requirements

Requires minimum plant variety, soil amendments, reforestation of cut/fill slopes, and the use of warm season turf grasses.

7.2.13

Maintenance Responsibility, Replacement of Damaged Vegetation, and Associated Fines

Establishes initial fine for disturbance of tree protection areas and continued excessive pruning.

7.4.3

General Erosion and Sedimentation Control Standards

 

Restricts mass grading of low and medium density residential development sites.

8.5

Single-Family Residential Design Guidelines

Creates a new subsection (8.5.3) regulating slab-on-grade construction

3.9.3

Subdivisions of Land

Creates an exemption from certain development standards for existing lots that seek to be subdivided into one additional lot.

12.4