ToWN MANAGER’S OFFICE

August 14, 2006

Mr. David CookeCounty ManagerWake CountyP.O. Box 550Raleigh, NC 27602

Dear David:

Due to recent developments in the Wake County Long-Term Disposal process,primarily the June 5 vote by County commissioners to award the operation of thelandfill to Waste Industries, Town staff has recommend to Town Council to nowjoin the Wake County inter-local partnership.

On Thursday, July 27, Cary Town Council approved agenda item B.4 (m), seeattached, to join the Wake County inter-local partnership which commits theTown to disposing its municipal solid waste in the South Wake Landfill for twenty-five (25) years.

While the original deadline for signatures has passed, please use this letter toinitiate the process for Wake County Commissioners to allow the Town of Cary tojoin the partnership and sign the agreement.

Should you have any questions, please feel free to call me at 469-4002.

Sincerely,

~

William B. Coleman, Jr.Town Manager

Attachment

TOWN of CARY316 NorthAcademyStreet Cary,NC 27513 • P0 Box 8005 Caty,NC 27512-8005

tel 919-469-4007• fax 919-460-4929S www.townofcary.org

TQWn• ~fGary, NQrth~Ca~oiJt

Cary Town Council Meeting Action AgendaThursday, July 27, 2006

6:30 p.m.Council Chambers

316 N. Academy Street, Cary, N.C.Web Site: w\/~tQwnpfcary.org

NOTE: The minutes are divided into sections according to the links below due to thlength. Click on the links to see the full text minutes of each section.

Present: Mayor Ernie McAIister, Mayor Pro Tem Jack Smith, CouncilMembers Maria Dorrel, Jennifer Robinson, and Nets Roseland

Absent: Council Member Julie Robison (she participated via speaker phonbut she’s officially “absent’ and did not make motions, seconds, or vote onany item; the minutes reflect her comments)

NOTE: Former Council Member Mike Joyce resigned on July 19, 2006

A. COMMENCEMENT

1. Call to Order (Provided)

2. Ceremonial Opening (Provided)

3. Adoption of agenda (Approved with the changes outlined)

B. CONSENT AGENDA

i~e~g~LQqr1~sentAgenda (any regular consent agenda item pulled fordiscussionbe discussed at the beginning ofthe old/new business portion of the agenda, whicis item H on this agenda)

a. Consideration of approval of the minutes of the regular town council meetingheld on June 22, 2006, and the minutes of the comprehensive transportationwork session held on July 13, 2006. (Approved)

b. Consideration of approval of the tax report adopted by the Wake County

Commissioners on June 7, 2006. (Approved)

c. Consideration of adoption of certificates of sufficiency and resolutions calling fpublic hearings on the following citizen-initiated annexation petitions.

(1) 06-A-i 5: The property is located at 2900 Carpenter Upchurch Road andcontains 1.12 acres. The associated rezoning is 06-REZ-10 (CarpenterPlanned Development). (Approved)

(2) 06-A-24: The property is located at 5328, 5332, 5340, 5324, 5408, 5412,5413, 5416, 5420, 5424, 5425 Serene Forest Drive and contains 4.55 acriThe associated rezoning is pending. (Approved)

d. Consideration of schedule updates to the Chatham/Cary joint land use plan.(Approved)

2. Land Development Consent Agenda (any land development consent agenda itempulled fordiscussion will be discussed at the beginning of the land developmentdiscussion portion of the agenda, which is item F on this agenda)

a. Rezoning Petition 06-REZ-07, RDU Associates PropertyConsideration of adoption of an ordinance to rezone land. The property islocated at 4960 Nelson Road and contains 2.02 acres. The current zoning isGeneral Commercial; the proposed zoning is Office, Research and DevelopmConditional Use. The Planning and Zoning Board unanimously recommendedapproval. In accordance with N. C. G. S. I 60A-383, and based upon therecommendations and detailed information developed bystaffand/or thePlanning & Zoning Board contained in the case report, approval of this case bthe Cary Town Council will officially adopt the individual rezoning report asevidence that consistency with the Comprehensive Plan has been thoroughlyevaluated and that this is a reasonable action to further the community’s pub/iinterest in carrying out the Comprehensive Plan. (Approved)

b. Rezoning Petition 06-REZ-18, Panther Creek Planned Development DistriAmendmentConsideration of adoption of an ordinance to rezone land. The property islocated at McCrimmon Parkway (near NC 55 Highway) and containsapproximately 87.23 acres. The request is to amend the existing conditions ofthe planned development district. The Planning and Zoning Board unanimousrecommended approvaL In accordance with N.C.G.S. 160A -383, and basedupon the recommendations and detailed information developed bystaffand/othe Planning & Zoning Board contained in the case report, approval of this ca~by the Cary Town Council will officially adopt the individual rezoning report asevidence that consistency with the Comprehensive Plan has been thoroughlyevaluated and that this is a reasonable action to further the community’s pub/iinterest in carrying out the Comprehensive Plan. (Approved)

c. Comprehensive Plan Amendment 06-CPA-04, Phillips PlaceConsideration of adoption of an ordinance to amend the comprehensive plan.The property is located at 6701 Good Hope Church Road and adjacentproperties and contains approximately 77 acres. The current comprehensiveplan designation is Office and Medium Density Residential; the proposedcomprehensive plan designation is Medium Density Residential. The Planninçand Zoning Board unanimously recommended approval. (Approved)

d. Rezoning Petition 06-REZ-11, Cary Creek PropertyConsideration of adoption of an ordinance to rezone land. The property islocated at Alston Avenue near the intersection with N.C. Highway 55, and

contains approximately 92.11 acres. The current zoning is General CommercialConditional Use, Office, Research, and Development Conditional Use,Residential Multi-Family Conditional Use, and Alston Regional Activity CenterOverlay District; the proposed zoning is to amend existing zoning conditions.Planning and ZoningBoard unanimously recommended approval. In accordaiwith N. C. G. S. I 60A-383, and basedupon the recommendations and detailedinformation developed bystaffand/or the Planning & Zoning Board containedthe case report, approval of this case by the Cary Town Council will officiallyadopt the individual rezoning report as evidence that consistency with theComprehensive Plan has been thoroughly evaluated and that this is areasonable action to further the community’s public interest in carrying out theComprehensive Plan. (Approved)

e. Village at the Park Development

(1) Rezoning Petition 06-REZ-12, Village at the Park ActivityCenter Overlay District AmendmentConsideration of adoption of an ordinance to rezone land. Theproperty is located at the intersection of Alston Avenue and KitCreek Parkway and contains approximately 227.83 acres. Thecurrent zoning is Residential 40; the request is to designate anactivity center overlay district for the subject properties. ThePlanning and Zoning Board unanimously recommended approval.Due to a validprotest petition, five affirmative council votes arerequired to approve. Council may take action. (Approved)

(2) Activity Center Concept Plan 06-AC-03, Village At The ParkThe property is located at the intersection of Alston Avenue and KitCreek Parkway and contains approximately 146.40 acres. Thecurrent zoning is Residential 40; the request is to establish anactivity center concept plan. The Planning and Zoning Boardunanimously recommended approval. Councilmay take action.(Approved)

~ June 22, 2006 (any committee consentagenda item pulled fordiscussion will be discussed at the beginning of the commidiscussion portion of the agenda, which is item G on this agenda)

a. Searstone: Waiver of Road Improvements (ENO7-003)Committee unanimously recommended granting a waiver of the APF Roadsrequirements at High House and Cary Parkway. (Approved)

b. Southwest Area Plan Update (PLO6-045)Committee unanimously directed staff to proceed with a study to update the SArea Plan as described. (Approved)

~rmcntin iic/r.inr .4 A’~\

uommittec unonimoucly rocommenaoa aiiowing en cltornetI’~uto tho ctonciorc00’ otreet end deoign, provided the dooign plane rofloot the ohonge to a 40’rodiuo and inoludo the requirement for no on otroot parking throughout thedcvclopmcnt. (Pulled from consent)

4Opaf~~Comm~tee,July 5, 2006 (any operations committee consent agenda itpulled for discussion will be discussed at the beginning of the committee discussicportion of the agenda, which is item C on this agenda)

a. Reclassification of Funding Source for the Operations Center ExpansionProject (GG1073) (ADO7-001)Committee unanimously recommended reclassifying the funding source forcapital project GG1073 Operations Center Expansion — PWUT from lnstallmePurchase Debt to General Capital Reserve Unrestricted FundBalance. (Approved)

b. Traffic Counts On-Call Services — Selection Of Consultants (ENO7-001)Committee unanimously recommended approval of Mulkey Engineers &Consultants as an on-call consultant for traffic count services. (Approved)

c. Release of a Utility Easement (ENO7-004)Committee unanimously recommended releasing an unneeded utility easemelocated at 1204 Haddington Drive. (Approved)

d. Request for an Easement on Town Property (ENO7-005)Committee unanimously recommended approval of a request by ProgressEnergy for an easement on Town property located at 1019 Evans Road.(Approved)

e. White Oak Interceptor and Pump Station Elimination, Batchelor BranchInterceptor and Pump Station Elimination, White Oak Greenway Phase l\Bid Award and Request for Additional Funds (ENO7-007)Committee unanimously recommended awarding the bid for construction of thWhite Oak interceptor and pump station elimination (SW1 098), the BatchelorBranch interceptor and pump station elimination (SWI 095) and the White Oa~Greenway Phase IV (PRI 057) to J. F. Wilkerson Contracting Company for$5,886,617. This award by Council represents a preliminary determination asthe qualifications of this consulting firm and no legally binding acceptance of tIaward will occur until the Lead Agency, the Town of Cary, has executed a leg~binding agreement. Committoo aloo rooommondod an appropriation of$140,603 from cower dovolopment foo fund bolonoo to the oonotruotion Q000Lof the White Oak Interoeptor and Pump Station Elimination projoot (SWI 008)and $308,601 of cower dovolopmont foe fund balanoo to tho oonotruotionoooount of the Botohelor Branoh Interoeptor and Pump Station EliminationProjeot (SW1 005). For ease of project administration, the $1,950,000currently budgeted in the SWI095 Batchelor Branch interceptor and punstation elimination project should be transferred into the SWI098 WhiteOak interceptor and pump station elimination project. Upon combiningthese projects into SWI098, the name for this project should be changeto White Oak and Batchelor Branch interceptor and pump stationelimination. Lastly, the $458,107 in sewer development fee fund balancewithin the utility capital reserve fund should be appropriated to theconstruction account of the newly combined SWI098 White Oak andBatchelor Branch interceptor and pump station eliminationproject. (Approved)

f. Recognition of Federal Funds (PDO7-001)Committee unanimously recommended recognition of $36,400 received throuthe federal Equitable Sharing Program and the expenditure of those funds forpolice equipment. (Approved)

g. Middle Creek School Park — Joint Use Agreements (PRO7-001)Committee unanimously recommended approval of joint use agreements withWake County Board of Education for the Middle Creek Park Complex and forAuxiliary Gymnasium, Middle Creek Park Community Center, outdoor baskeft

courts, tennis courts, and parking areas. (Approved)

h. Lazy Daze Consultant Report Recommendations (PRO7-002)Committee unanimously recommended acceptance of the consultant’s reportwith the understanding that action plans will be developed for specific goals aappropriate. (Approved)

Budget Adjustment for Cape Fear Discharge Planning and Permitting(P WUTO7-00 1)Committee unanimously recommended transferring $26,921 from utility capit8reserve sewer restricted fund balance to the Cape Fear Discharge Planning aPermitting Project (SW1 067). (Approved)

j. Revision to Cary Town of Ordinances, Chapter 26 Solid WasteManagement (PWUTO7-002)Committee unanimously recommended approval of an ordinance amendmentChapter 26 of Cary Town Code of Ordinances, Solid WasteManagement. (Approved)

k. Policy Statement Outlining Rules of Procedures for Volunteer Boards anCommissions (TCO7-001)Committee unanimously recommended approval of a policy statement outlininrules of procedures regarding meetings for volunteer boards andcommissions. (Approved)

I. Contract Award — Engineering Services for the Western Wake RegionalWater Reclamation Facility, lnfluent Conveyance Facilities Project (ENO7006)Committee unanimously recommended that an engineering services contractawarded to Hazen and Sawyer for the Western Wake Influent ConveyanceFacilities at a total design phase value of $2,084,887 with an option for staff tcauthorize the construction phase services at a later date with a value up to$1,838,013 as a contract amendment. The total authorized award amountconsisting of both design phase and construction phase services would total$3,922,900. This award by Council represents a preliminary determination asthe qualifications of this consulting firm and no legally binding acceptance of tIaward will occur until the Lead Agency, the Town of Cary, has executed a leg~binding agreement.

Committee further recommended closing the SWI 122 project account andreorganizing the existing project funds to create five new project accounts forinfluent conveyance facilities subprojects as outlined below. The project accoreorganization has been recommended to facilitate the management of costallocations among the Project Partners in accordance with the Western WakeRegional Wastewater Management Facilities Interlocal Agreement. The projeaccount reorganization is necessary to track payments for the five subproject~because each individual project was funded with a different cost sharingpercentage among the Project Partners. In total, the sum of the five subprojetis equal to the current amount funded in project account SW1122. (Approved

WWRWMF - West Cary Pump Station UpgradesCommittee recommended creating Project SW3000 in the amount of$530,224.79 to fund the engineering contracted services for the West CaryPump Station Upgrades and transferring $530,224.79 from SWI 122 to createthe new contracted services account.

WWRWMF - West Cary Force Main (South)

Committee recommended creating Project 5W3001 in the amount of $829,548.49fund the engineering contracted services for the West Cary Force Main andtransferring $829,548.49 from SW1122 to create the contracted servicesaccount.

WWRWMF - West Reedy Branch Gravity Sewer InterceptorCommittee recommended creating Project SW3002 in the amount of$967,126.39 to fund the engineering contracted services for the West ReedyBranch Gravity Sewer Interceptor and transferring $967,126.39 from SW1122create the contracted services account.

WWRWMF - Beaver Creek Pump StationCommittee recommended creating Project SW3003 in the amount of$858,623.44 to fund the engineering contracted services for the Beaver Creel’Pump Station and transferring $858,623.44 from SW1122 to create thecontracted services account.

WWRWMF - Beaver Creek Force MainCommittee recommended creating Project SW3004 in the amount of$1,192,111.89 to fund the engineering contracted services for the Beaver CreForce Main and transferring $1,192,111.89 from SWll22to create thecontracted services account.

m. Long-term Solid Waste Disposal (PWUTO7-003)Committee unanimously recommended approval of an Interlocal Agreement(ILA) which commits the Town to using the new South Wake Landfill for the nc25 years. Maria Dorrel and Jennifer Robinson expressed reservations basedthe fact that Wake County citizens, including those in Cary, would be subsidizthe citizens of Raleigh based on the rate structure in the agreement, butrecommended approval despite these reservations because it was still the be~financial option available for Cary citizens. (Approved)

C. RECOGNITIONS, REPORTS, AND PRESENTATIONS

Recognition of Mayor Pro Tem Jack Smith and the Town’s Sister Cities Commission fhonors received from Sister Cities International. (Recognized)

D. PUBLIC HEARINGS

1. Public hearings and consideration of adoption of ordinances on the following citize

initiated annexations.

a. 06-A-12: The property is located 910 feet north of Green Level to Durham Ro.and Alston Avenue and contains 41.30 acres. The associated rezoning is 06-REZ-1 2 (Village at the Park Activity Overlay) and the associated activity centeconcept plan is 06-AC-03. Councilmay take action following the public hearin~(Approved)

b. 06-A-I 7: The property is located 1,370 feet east of the intersection of ResearDrive and North Harrison Avenue and contains 15.26 acres. The associatedsubdivision plan is 06-SP-006 (Cary Academy). Councilmay take actionfollowing the public hearing. (Approved)

c. 06-A-26: The property is located 840 feet west of the intersection of Old ApexRoad and West Chatham Street and contains 3.68 acres. The associatedsubdivision plan is 06-SP-043 (West Chatham Townhomes). Councilmay tak~action following the public hearing. (Approved)

d. 06-A-27: The property is located 880 feet south of NC 55 Highway and AlstorAvenue and contains 12.36 acres. The associated subdivision plan is 06-SP-065 (Alston Towne Shopping Center). Council may take action following thepubllc hearing. (Approved)

E. PUBLIC SPEAKS OUT (see official minutes)

f~_LANQ~EYELOPMENTDISCU~S1ONITEMS (any item pulled from the landdevelopment consent agenda for discussion [item B.2. on this agenda] will be discussduring this portion of the agenda)

1. Rc~oningPetition OC-REZ fli Cro33road3 Activity icntcr Overlay DistrictAmcndmentConoidoration of adoption of an ordinanoe to rozono land. Tho proporty ic locatedthe intorceotion of Pinoy Plaino Road and Stophono Road and oontainoapproximatoly 16 acroc. Thio io a Town initiated zoning to amond the CroocroadcActivity Center Overlay Diotriot (ACOD) Boundary. The Planning and Zoning Boarunanimoucly recommended approval. Duo to a validprotect petition, five affirmothcouncil votcc are required to approve. Council may take action. (removed from tiagenda and scheduled for the August 24, 2006 council meeting)

2. Activity Center Concept Plan 06 AC 01, Piney PlainsTho proporty ic located at tho interception of Pinoy Flame Road and Stophonc Ro~and oontaino approximately 30.30 aoroo. Tho ourront zoning ic Offioa andInotitutional and Rooidontial 40; the requect io to ectablich an aotivity center oonocplan. The Planning and Zoning Board rooommondod denial (majority voto~.Duo tcvalidprotectpetition, five affirmative council votoc aro required to approve. Coursemay take action. (removed from this agenda and scheduled for the August 242006 council meeting)

Villagc at the Park Development

a. Re~oningPetition OC-REZ 12, Villnue at the Park Activity

rr~

~Ianning~ndZoning Bo~~.~ tition, five affirmath oil vote~

may take action. (moved to consent agenda)

Rcoidontial 40; the requeot io to ootaeiio~Planning and Zoning Board unanimoucljtake action. (moved to consent agenda)

~� ri nnuin

pC-CPA 03, Bashyam Property- oomprohono ilan. T~I.p

clamor

~rorcor

I..~-

no~, on

of an ordinonoe to rozono land. Tho property ioof Aloton Avonue and Kit Creek Parkway and conto~c.The current zoning ioflooidontial 10; tho roqu opt

activity --~“~ overlay aictriot for ~ cuojeot proporuco.unanimouclv recommended approval. Due to a v~

required to approve. Council

b. Activity Center Concept Plan PC AC 03, Village At The ParkThe proporty ic looatod at the interception of Aloton Avonuo andParkway and oontaino approximatoly 116.10 gorge. The ourront

Kit Crookzoning in

4. Comprchensive Plan/—. . _~c~onoiaorations.,. aaoation or an ore nanooproperty ic boated in the oouthwr.~tniin~rnnf Tm: Irm:ruuuuurl 01 r~vviv~uyrinrnRoad and Chapol Hill Road and oontain~iu.uu UUWL. Tho ourront oomprohonciviplan dooignation ic Offiooilnotitutional and ~~1odiumDoncity Rooidontial; thopropocod oomprehonoivo plan dooignation ic Mixed Uce. The Planning and Zonfn~Board recommended approval (majority vote). Council may take action. (removecfrom this agenda and scheduled for the September 14, 2006 council meeting

G.J~QMfl4JITFRFP~QBTS(discussion items)

1. Planning and Development Committee, June 22, 2006 (any item pulled from theplanning and development committee consent agenda for discussion [agenda itenB.3.] will be discussed during this portion of the agenda)

a. Con3crvation Overlay Uscr Cuidc (PLO6 048a)~ommittoounanimoucly rooommonaoa that full oounoii oancicier a Conoor,’atiRooidontial Ovorlay Ucor Cuido to cupplomont the LDO and ackod that ctaffprovido more dotail prior to that diocuccion fooucing on provioiono for items winIr~nrDotontial for ~i~nnrrrmr~nt hr~twr.r.nthr~ordinanoo and ito intorprotation.(withdrawn by staff and removed from agenda)

b. Rezoning Process Improvements (PLO6-043)Committee unanimously recommended implementation of numerous changesimprove various aspects of the rezoning process. (Council Member Maria Dorrequested to discuss this item.) (Approved with the exception of item J,Timing of Public Comments/Response to Public Comments, which was Ion hold)

c. Olde Carpenter Townhomes — Request for Payment-in-lieu of RoadImprovements and Variance of Street Design (ENO6-143)Committee unanimously recommended allowing an alternative to the standarc90’ street end design, provided the design plans reflect the change to a 40’radius and include the requirement for no on-street parking throughout thedevelopment. (approved with 90 foot turn radium; accepted payment-in-lifor sidewalk and street light installation)

2. Operations Committee, July 5, 2006 (any item pulled from the operations committEconsent agenda for discussion [agenda item B.4.] will be discussed during thisportion of the agenda)

N/A

H. QL~PIN~WUS (any item pulled from the regular consent agenda for discussic[agenda item B.1.J will be discussed during this portion of the agenda)

N/A

LOSE~SE~S~LON. (called; following closed session, council approved a thirdparty investigation and analysis of the events and circumstances surrounding thesewer spill at Swift Creek)

~,L.~ADJOURN..MENI(9:16 p.m.)

Please contact the Cary Town Clerk with any questions about this action agenda. The e-naddress issue.rowland(ä~townofcary.org,and the phone number is (919) 469-4011. Visit c

Web site at www.townofcary.org formore detailed information about each agenda item.

m. Long-term Solid Waste Disposal (PWUTO7-003)Committee unanimously recommended approval of an Interlocal Agreement (ILA)which commits the Town to using the new South Wake Landfill for the next 25 years.Maria Dorrel and Jennifer Robinson expressed reservations based on the fact thatWake County citizens, including those in Cary, would be subsidizing the citizens ofRaleigh based on the rate structure in the agreement, but recommended approvaldespite these reservations because it was still the best financial option available forCary citizens. (Approved)