NC - Cary: Town Council

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When and Where is the Next Meeting?

Town Council

Cary Town Council

Tagged Interests: council

Thursday, September 24, 2020

6:30 PM

Council Chambers

316 N. Academy Street, Cary Town Hall, Cary, NC 27513

Tagged Interests: streets

1. COMMENCEMENT

1.1 Call to Order

1.2 Ceremonial Opening led by Council Member Smith

Tagged Interests: council

1.3 Adoption of agenda

2. RECOGNITIONS, REPORTS, AND PRESENTATIONS

Tagged Interests: recognition

2.1 Financial Update, Speaker: Karen Mills, Chief Financial Officer

Tagged Interests: finance

3. PUBLIC SPEAKS OUT (one-hour time limit)

Please see instructions attached to the agenda.

Tagged Interests: instruction

4. CONSENT AGENDA

CONSENT AGENDA items are non-controversial items unanimously recommended for

approval by all involved parties. A single vote may be taken for the approval of ALL

Tagged Interests: election

consent agenda items. Any individual council member may pull items off the consent

Tagged Interests: council

agenda to discuss them. Items pulled off the consent agenda will be handled with the

DISCUSSION ITEMS agenda topic.

4.1 Bid Award for the Carpenter Water Tank Rehabilitation

Tagged Interests: rfp, RFP, utility, Utility, and water

Speaker: Alex Lopez, Utilities

Tagged Interests: utility and Utility

Executive Summary: Utility infrastructure management and maintenance is key to sustaining Cary s exceptional water and sewer services. As crucial

assets in our water system age, consistently assessing the condition of our infrastructure helps ensure we provide the maintenance these assets need at the right times. This bid award for the Rehabilitation of the Carpenter Tank, which has been in service for nearly twenty years, maintains our system s water storage capacity in our growing western pressure zone and extends the life of the tank for decades.
Tagged Interests: rfp, RFP, sewer, utility, Utility, transportation, services, and water

Recommendation: Staff recommends that Council award Classic Protective Coatings, Inc. the Carpenter Water Tank Rehabilitation Project in the amount

of 689,200, which represents the Bid Alternate, and both Bid Additives 1 and 2. Council s award is a preliminary determination, and no legally binding acceptance of the bid or offer occurs until a written
Tagged Interests: rfp, RFP, council, economic development, utility, Utility, and water

September 24, 2020

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contract has been executed. The award is also subject to the contractor providing all bonds, insurance, and other required documents.

Tagged Interests: contractor, construction, bond, contract, and insurance

4.2 19-REZ-27 Cary Pointe PDD Amendment

Tagged Interests: economic development

Speaker: Anna Readling, Planning Development Services

Tagged Interests: planning, development, services, and Development

Executive Summary: Cary has received a request to amend the zoning conditions for the Cary Pointe Planned Development District (PDD) located in the

southwest quadrant of the N.C. Highway 55 and Morrisville Parkway intersection. Previously approved conditions regarding use, mix of residential and commercial buildings, and traffic improvements will remain in place. This request proposes increasing the maximum allowed number of age-restricted multi-family units from 120 to 140, raising the minimum age requirement for all residents from 55 to 62, making changes to conditions regarding public access to and signage for indoor amenities in the residential buildings, adding additional parking lot screening, and using a variety of technical measures to reduce light impacts.
Tagged Interests: highway, Homebuilder, economic development, development, zoning, advertising, signage, Development, commercial, traffic, and parking

Recommendation: Staff recommends approval of this rezoning request with the conditions as proposed by the applicant.

Tagged Interests: zoning

Planning and Zoning Board Determination: The Planning and Zoning Board found the request to be consistent with the Imagine Cary Community Plan by a

vote of 7-0.
Tagged Interests: planning, boards and commissions, election, and zoning

4.3 19-REZ-28 WakeMed Medical Office Park Amendment

Tagged Interests: parks

Speaker: Debra Grannan, Planning and Development Services

Tagged Interests: planning, development, services, and Development

Executive Summary: The applicant has requested that Cary consider an amendment to Cary s Official Zoning Map by amending zoning conditions on

approximately 10.5 acres, zoned Mixed Use District (MXD), located on the 200 block of Ashville Avenue, to modify vehicular circulation on the site and to allow existing office buildings to remain. The current entitlement allows for a maximum of 240,750 square feet of medical office, which would replace the existing 94,391 square feet currently on site. The revised plan proposes 214,963 square feet of new office and would allow 25,037 square feet of existing office to remain. The Mixed Use Overlay District and Watershed Protection Overlay District (Swift Creek subdistrict) will remain.
Tagged Interests: Homebuilder, zoning, and watershed

Recommendation: Staff recommends approval of this rezoning request with the conditions as proposed by the applicant.

Tagged Interests: zoning

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Planning and Zoning Board Determination: The Planning and Zoning Board found the request to be consistent with the Imagine Cary Community Plan by a

vote of 7-0.
Tagged Interests: planning, boards and commissions, election, and zoning

4.4 FY 2020 Utility Reimbursement Agreements and Annual Reimbursements

Tagged Interests: utility and Utility

Speaker: Dave Hallgren, Utilities

Tagged Interests: utility and Utility

Executive Summary: Utility Reimbursement Agreements provide a means for Cary to participate with developers in providing efficient and orderly

utility infrastructure improvements that comply with our master plans. These agreements sometimes provide for cash reimbursement for certain utility extensions, funded by development fees collected from new development in the service area of the extension. Sufficient development fees were collected in FY 2020 to provide reimbursement to the White Oak Foundation, which provided Cary with an off-site sewer extension.
Tagged Interests: sewer, utility, development, Utility, transportation, Development, and foundation

Recommendation: That Council authorize reimbursement to the White Oak Foundation, Inc. in the amount of 33,705 from FY 2020 revenues in the Sewer

Development Fee revenue account (071-0000-343.31-00).
Tagged Interests: council, sewer, utility, development, Utility, Development, and foundation

4.5 Bank Official Depositories Resolution

Speaker: Karen Mills, Finance

Tagged Interests: finance

Executive Summary: Cash management and banking relationships in all North Carolina local governments are regulated by state statute to prevent

financial losses from financial institution failures. One requirement stipulates that Cary Town Council must designate which banks may be official depositories for Cary.
Tagged Interests: finance and council

Recommendation: That Council adopt the attached resolution designating the official depositories for Cary.

Tagged Interests: council

4.6 Bid Award for the Cary/Apex Water Treatment Facility Ozone

Tagged Interests: rfp, RFP, facility, utility, Utility, and water

Speaker: Betsy Drake, Utilities

Tagged Interests: utility and Utility

Executive Summary: The primary objective at the award-winning Cary/Apex Water Treatment Facility is to produce safe, high quality drinking water.

Maintaining processes and equipment is one way to ensure this objective is met. Currently, the CAWTF has four ozone generators which are used to treat taste, odor, and improve treated water quality. This project will replace three of these generators since they are at the end of service life. Having four well-functioning ozone generators will provide a better performing system with fewer maintenance needs.
Tagged Interests: equipment, facility, economic development, utility, Utility, and water

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Recommendation: Staff recommends that Council award State Utilities the Cary/Apex Water Treatment Facility Ozone System Updates Project for

2,791,000.00. Council s award is a preliminary determination, and no legally binding acceptance of the bid or offer occurs until a written contract has been executed. The award is also subject to the contractor providing all bonds, insurance, and other required documents.
Tagged Interests: rfp, contractor, RFP, construction, council, facility, economic development, utility, bond, Utility, contract, water, and insurance

4.7 Financial Policy Update

Tagged Interests: finance and policy

Speaker: Karen Mills, Finance Department

Tagged Interests: finance

Executive Summary: Cary s debt and fund balance polices are the two financial policies that most impact Cary s financial planning. Given the positive

impact of cultural, technological and talent management change to control expenditure growth, address changing revenue patterns and growing maintenance needs, these policies need to be updated. The policy updates recommended at the Council s August 2020 quarterly meeting will maintain Cary s strong financial position and put available resources to work to better balance short term resource allocations with long term financial sustainability.
Tagged Interests: law enforcement, planning, finance, council, public safety, policy, sustainability, and growth

Recommendation: Council approve the updated fund balance and debt policies, Attachments A and B, respectively.

Tagged Interests: council

4.8 20-A-06 Lennar Carolinas, LLC Annexation

Tagged Interests: annexation

Speaker: Debra Grannan, Planning and Development Services

Tagged Interests: planning, development, services, and Development

Executive Summary: The owners of property located at 1612 Cavalcade Drive (approximately 1,850 east of Green Level Church Road, adjacent to east side

of Ridgefield Farms Subdivision at current terminus of Cavalcade Drive) have petitioned for annexation of the property in association with a development plan currently under review. Pursuant to statute, the Town Council held a public hearing on this request and the matter is now ready for final action.
Tagged Interests: road, council, streets, agriculture, development, subdivision, church, Development, property, hearing, and annexation

Associated Case(s): 20-DP-3300 (Ridgefield Place Subdivision)

Tagged Interests: subdivision

Recommendation: That Council adopt the attached Ordinance annexing the property identified therein.

Tagged Interests: ordinance, council, property, and annexation

4.9 Adjustment to Adopted Meeting Schedule

Speaker: Virginia Johnson, Town Clerk s Office

Executive Summary: The Council s 2020 meeting schedule was adopted at the December 12, 2019 meeting and amended to COVID restrictions. Town Hall is

closed to the public, and Gov. Cooper has extended Executive Order 141's Safer At Home restrictions which includes
Tagged Interests: council

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restrictions on gatherings of people. Due to the existence of the State of Emergency, the August meetings will either be an electronic or remote

meeting accessible to the public as listed within the staff report.
Tagged Interests: emergency

Recommendation: Staff recommends the adoption of the adjusted meeting schedule for the August meetings as described in the staff report.

4.10 Town Council Recommended Advisory Volunteer Appointments

Tagged Interests: council, boards and commissions, appointments, and volunteer

Speaker: Virginia Johnson, Town Clerk s Office

Executive Summary: Council makes appointments to advisory groups (boards, commissions, and committees) to fill vacancies when terms expire or if

members leave before they end of their term. Appointments occur in September to meet the effective start date of the new term, October 1.
Tagged Interests: council, boards and commissions, and appointments

Recommendation: That Council approve the attached list of appointees with all terms effective October 1, 2020 and adopt the attached Resolution

recommending (insert name) to the Wake County Board of Commissioners for appointment as the ETJ representative on the Planning and Zoning Board.
Tagged Interests: planning, council, boards and commissions, appointments, and zoning

5. PUBLIC HEARINGS

Tagged Interests: hearing

The rules printed on the agenda for Public Speaks Out apply to the remainder of the public hearings, except that speakers are allowed five minutes.

Thank you for
Tagged Interests: hearing

respecting the business meeting by refraining from speaking from the audience,

Tagged Interests: business

applauding speakers, or other actions that distract the meeting.

5.1 19-REZ-29 Lilly Atkins Rezoning

Tagged Interests: zoning

Speaker: Katie Drye, Planning

Tagged Interests: planning

Executive Summary: The applicant has requested that Cary apply initial zoning to approximately 38.26 acres, located at 5100, 5000, 4908 Lilly Atkins

Road and 7540 and unaddressed property on Holly Springs Road. The property would be annexed and rezoned to Transitional Residential Conditional Use (TR-CU) from Wake County R-40W with zoning conditions that include limiting the use to age restricted detached dwellings and neighborhood recreation, limiting the density to two dwellings per acre, establishing a minimum lot size of 6,000 square feet and providing two acres of community gathering space. The applicants have also submitted a concept plan.
Tagged Interests: road, zoning, property, annexation, neighborhood, and recreation

There is an associated annexation 19-A-20 and rezoning 19-REZ-33 associated with this request.

Tagged Interests: zoning and annexation

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Recommendation: That following the public hearing, Council forward the request to the Planning and Zoning Board. Staff will provide a recommendation

on the rezoning request when the case is brought back to Council for action.
Tagged Interests: planning, council, boards and commissions, zoning, and hearing

Planning and Zoning Board Determination: The Board will provide a written determination regarding consistency with the Imagine Cary Community Plan

following its meeting.
Tagged Interests: planning, boards and commissions, and zoning

5.2 19-REZ-33 3012 Holly Springs Road Rezoning

Tagged Interests: road, streets, and zoning

Speaker: Katie Drye, Planning and Development Services

Tagged Interests: planning, development, services, and Development

Executive Summary: Cary has initiated a rezoning of property located at 3012 Holly Springs Road, consisting of approximately 28.09 acres, from Wake

County Residential 80 Watershed (R-80W) to Resource Recreation (RR). The RR zoning district is intended for the protection of important natural resources and is used to protect and preserve land for parks, scenic areas, and open space, and to protect watersheds and water supplies. This rezoning is proposed in conjunction with owner-initiated requests for annexation (19-A-20) and rezoning (19-REZ-33) of adjacent properties. As allowed under state law, Cary may annex this State-owned property which is contiguous to Cary s corporate limits, if it grants the annexation request by adjacent property owners. Application of Cary zoning to this property is desirable at the time of annexation.
Tagged Interests: road, grant, utility, Utility, zoning, water, watershed, parks, property, annexation, and recreation

This rezoning is associated with owner-initiated annexation 19-A-20 and rezoning 19-REZ-29 (Lilly Atkins Rezoning).

Tagged Interests: zoning and annexation

Recommendation: That following the public hearing, Council forward the request to the Planning and Zoning Board. Staff will provide a recommendation

on the rezoning request when the case is brought back to Council for action.
Tagged Interests: planning, council, boards and commissions, zoning, and hearing

Planning and Zoning Board Determination: The Board will provide a written determination regarding consistency with the Imagine Cary Community Plan

following its meeting.
Tagged Interests: planning, boards and commissions, and zoning

5.3 19-REZ-30 Jones Franklin Residential

Speaker: Erin Puckett, Planning and Development Services

Tagged Interests: planning, development, services, and Development

Executive Summary: The applicant has requested Cary consider an amendment to Cary s Official Zoning Map by rezoning approximately 9.19 acres, located

at 2804, 2808, and 2818 Macedonia Road and 2600 Jones Franklin Road from Residential 40 (R-40) and General Commercial (GC) to Mixed Use District (MXD) with zoning conditions that include limiting the
Tagged Interests: road, zoning, and commercial

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use and density to a maximum of 275 multi-family dwelling units. Additional conditions are included in the associated Preliminary Development Plan

(PDP). The existing Mixed Use Overlay District (MUOD) and Watershed Protection Overlay District (Swift Creek Sub- district) will remain.
Tagged Interests: development, watershed, and Development

Recommendation: That following the public hearing, Council forward the request to the Planning and Zoning Board. Staff will provide a recommendation

on the rezoning request when the case is brought back to Council for action.
Tagged Interests: planning, council, boards and commissions, zoning, and hearing

Planning and Zoning Board Determination: The Board will provide a written determination regarding consistency with the Imagine Cary Community Plan

following its meeting.
Tagged Interests: planning, boards and commissions, and zoning

5.4 20-A-02 SXCW Properties II, LLC Annexation

Tagged Interests: annexation

Speaker: Debra Grannan, Planning and Development Services

Tagged Interests: planning, development, services, and Development

Executive Summary: The owner of property located at 1629 Petty Farm Road (approximately 1,000 feet southeast of the NC55 Highway and Mahal Avenue

intersection) has petitioned for annexation of the property in association with a development plan currently under review for construction of a drive-through car wash facility with gas pumps. Pursuant to statute, the Town Council must hold a public hearing before taking action on the request.
Tagged Interests: highway, road, construction, council, facility, streets, agriculture, development, Development, property, hearing, and annexation

Associated Case(s): Development Plan 20-DP-3867 (Sam's Xpress Car Wash - Alston); requires review and approval by Zoning Board of Adjustment.

Tagged Interests: boards and commissions, development, zoning, and Development

Recommendation: That Council conduct a public hearing and defer action on requested annexation to a future council meeting.

Tagged Interests: hearing and annexation

5.5 Cary-Raleigh Agreement Regarding Future Common Municipal Boundary

Speaker: Debra Grannan, Planning and Development Services

Tagged Interests: planning, development, services, and Development

Executive Summary: In 1996, The Town of Cary and City of Raleigh entered into an agreement to establish a mutually agreed-upon boundary between the

municipalities. North Carolina state law allows these agreements to better facilitate orderly planning of land development and provision of water and sewer services. That agreement had a twenty-year term and has expired. A new agreement is proposed which maintains the terms and a substantially similar boundary line established in the previous agreement. Pursuant to state law, each governing body must conduct a public hearing before they can take final action on a proposed agreement.
Tagged Interests: planning, sewer, utility, development, Utility, services, water, Development, and hearing

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Recommendation: That Council conduct a public hearing and defer action on agreement with the City of Raleigh regarding future common municipal

boundary to a future council meeting.
Tagged Interests: hearing

5.6 PRCR Master Plan Addendum and Amendment to Imagine Cary Community

Plan

Speaker: Sandi Bailey, Transportation and Facilities

Tagged Interests: transportation

Executive Summary: The Chatham-Cary Joint Land Use Plan was adopted in 2012, the same year as the PRCR Master Plan, both of which are components of

the Imagine Cary Community Plan. The Joint Land Use Plan did not include a parks and greenways planning component but did list it as a future implementation item. This PRCR Master Plan Addendum fulfills that recommendation of the Joint Land Use Plan. Development is occurring in the joint land use area and adoption of this master plan addendum will ensure that recreation infrastructure grows with the community.
Tagged Interests: planning, development, transportation, parks, Development, and recreation

Recommendation: That Council hold the public hearing on this item and defer action to a future meeting.

Tagged Interests: council and hearing

6. DISCUSSION ITEMS (any item pulled from the CONSENT AGENDA [item 4 on

this agenda] will be discussed during this portion of the agenda)

6.1 Penny Road Elementary School Park Refurbishment and Joint Use Agreement

Tagged Interests: road, streets, parks, education, and refurbishment

with Wake County Public Schools System

Tagged Interests: education

Speaker: Matt Wetherell, Transportation and Facilities

Tagged Interests: transportation

Executive Summary: 1,000,000 of the voter-approved Shaping Cary's Tomorrow 2019 Bond Referendum was identified for refurbishing the Penny Road

Elementary School Park. The park is currently operated by Wake County. Refurbishment will bring the park facilities up to Cary and ADA standards. Entering into a joint use agreement allows Cary to begin park refurbishment and take over park operations and programming for twenty-five years. This agreement also recognizes and appropriates 50,000 in funding support to this project from WCPSS for ADA improvements throughout the park.
Tagged Interests: road, funding, recognition, economic development, streets, disability, bond, election, parks, education, refurbishment, and referendum

Recommendation: Staff recommends that Council adopt the attached Resolution approving Joint use Agreement for Penny Road Elementary School (JUA) and

authorizing the Town Manager or Deputy Town Manager to execute a JUA substantially like the JUA and to provide such notices and take such actions as JUA contemplates. Staff further requests that Council recognize and appropriate Wake County Public School System s 50,000 contribution.
Tagged Interests: road, recognition, council, streets, manager, and education

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6.2 Debt Refinancing and New Installment Purchase Debt

Tagged Interests: purchasing

Speaker: Karen Mills, Finance

Tagged Interests: finance

Executive Summary: Refinancing existing utility revenue bonds, state utility loans and general obligation bonds could potentially save Cary

approximately 15 million in budgeted debt service over the next 23 years if interest rates in the current debt markets hold steady until late October. The debt transactions require a series of legal steps including Council action to approve bond orders, resolutions and authorize the execution and delivery of related legal debt documents. At the same time, as planned in the capital budget, staff is working to debt finance a replacement aerial ladder fire truck with an installment purchase contract secured by the truck. The fire truck debt financing requires Council action through approval of a resolution that includes the details of the commitment.
Tagged Interests: finance, council, legal, market, budget, utility, bond, Utility, contract, fire departments and districts, transportation, purchasing, and rates

Recommendation: That Council: (1) adopt Preliminary Findings Resolution, Bond Order and Issuance Resolution to refinance existing general obligation

debt (2) adopt Preliminary Findings Resolution and Bond Order to refinance existing utility debt, (3) adopt a resolution authorizing the execution and delivery of installment financing and security agreements and related documents to finance an aerial ladder truck, (4) authorize staff to initiate any necessary amendment to the interlocal agreement with the Town of Apex regarding shared costs of the State Revolving Fund loans and (5) approve an amendment to the FY 2021 utility fund budget to recognize 1.5 million in bond proceeds and appropriate 1.5 million for refinancing issuance costs.
Tagged Interests: recognition, finance, council, budget, utility, security, bond, refinance, Utility, and transportation

6.3 19-REZ-16 Silverton PDD Amendment Parcel G (O I Portion)

Tagged Interests: economic development and property

Speaker: Debra Grannan, Planning Development Services

Tagged Interests: planning, development, services, and Development

Executive Summary: The applicant has requested Cary consider an amendment to Cary s Official Zoning Map by amending a portion of the previously

approved Silverton Planned Development District consisting of approximately 2.24 acres, at 1700 Evans Road, with zoning conditions that include limiting the use and density to 60 multi-family residential units, and providing a minimum of 1,200 square feet of community gathering space. An associated preliminary development plan (PDP) shows the general location of buildings and parking as well as the provision of a public art element. The existing Mixed Use Overlay District (MUOD) will remain.
Tagged Interests: road, Homebuilder, economic development, arts, development, zoning, Development, and parking

Recommendation: Staff recommends approval of this rezoning request with the conditions as proposed by the applicant.

Tagged Interests: zoning

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Planning and Zoning Board Determination: The Planning and Zoning Board found the request to be consistent with the Imagine Cary Community Plan by a

vote of 8-0.
Tagged Interests: planning, boards and commissions, election, and zoning

7. CLOSED SESSION

Closed Session will be called if necessary.

8. ADJOURNMENT

Please contact Town Clerk Virginia Johnson with any questions about this agenda or to

request an auxiliary aid or service to participate in the meeting:

virginia.johnson@townofcary.org, 919-469-4011, TDD 919-469-4012.

Meetings are cablecast live on Cary TV on the following channels: AT T Uverse Channel 99,

Google Channel 142 and Spectrum Channel 11. Meetings are available the following day at

Tagged Interests: Google, Telecommunications, and telecommunications

www.youtube.com/TownofCaryChannel.