NC - Cary: Town Council

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Town Council

Cary Town Council

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Thursday, March 28, 2019

6:30 PM

Council Chambers

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

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1. COMMENCEMENT

1.1 Call to Order

1.2 Ceremonial Opening led by Council Member Robinson

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1.3 Adoption of agenda

2. RECOGNITIONS, REPORTS, AND PRESENTATIONS

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2.1 Greater Triangle Stewardship Development Award

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2.2 CAP (Citizens Assisting Police) Volunteer Hours/Check Presentation

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

Public Speaks Out is the Town Council s opportunity to hear comments from as many citizens as possible. During Public Speaks Out, the Town Council

receives comments
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and refrains from speaking. If a citizen comments about an issue that appears to be

something that can be addressed by staff members, Council may ask the manager to

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have an appropriate staff person follow up.

Thanks to everyone in the audience for respecting the business meeting by

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refraining from speaking from the audience, applauding speakers, or other actions

that distract the meeting.

Anyone who wants to speak during Public Speaks Out should do the following:

Take a seat in the reserved seats;

Complete the contact information card located at the seat;

When it is your turn to speak, proceed to the town clerk from the aisle behind the clerk, and give the clerk your completed contact information card

and any

handouts you have for the Town Council;

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Step to the podium next to the clerk; state your name clearly;

Be concise; avoid repetition; limit comments to three minutes or less; designate a spokesperson for large groups; direct comments to the full Town

Council and not to an individual Town Council member;

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Speakers may return to their regular seats from any aisle.

4. CONSENT AGENDA

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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

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

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

DISCUSSION ITEMS agenda topic.

4.1 Ratification of Resolution for Cary Solis Development Plan

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Speaker: Chris Simpson, Town Attorney s Office

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Executive Summary: On March 7, 2019, Council reviewed a request to

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approve a 240-unit multi-family development at the corner of McCrimmon

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Parkway and Highcroft Drive, a 29.7 parking reduction, and permission to

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place more than two parking bays between the buildings and the right-of-way.

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Council granted the applicant s request. All the attorneys involved in the hearing have consented to the form of the attached Resolution. Council

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should review the Resolution to ensure it adequately represents Council s decision in the matter. Any questions about the content of the Resolution

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should be directed to John Silverstein, who was the attorney representing the

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Council in this matter.

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Recommendation: That Council adopt the attached resolution.

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4.2 Ratification of Resolution - Sam's Xpress Car Wash

Speaker: Chris Simpson, Town Attorney s Office

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Executive Summary: On March 7, 2019, Council reviewed a request for

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consideration of a plan to develop a 4,120-square foot drive-through car wash

and 12 fueling stations at 2811 and 2815 Jones Franklin Road. Council

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granted the applicant s request. All the attorneys involved in the hearing have consented to the form of the attached Resolution. Council should

review the
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Resolution to ensure it adequately represents Council s decision in the matter. Any questions about the content of the Resolution should be directed

to John
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Silverstein, who was the attorney representing the Council in this matter.

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Recommendation: That Council adopt the attached resolution.

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4.3 Ratification of Resolution - Andy's Frozen Custard at Twin Lakes

Speaker: Chris Simpson, Town Attorney s Office

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Executive Summary: On March 7, 2019, Council reviewed a request for

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consideration of a development of a drive-through restaurant in Twin Lakes

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Center and a request to modify parking conditions added during the last

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development plan revision. Council granted the applicant s request. All the attorneys involved in the hearing have consented to the form of the

attached
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Resolution. Council should review the Resolution to ensure it adequately

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represents Council s decision in the matter. Any questions about the content

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of the Resolution should be directed to John Silverstein, who was the attorney

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representing the Council in this matter.

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Recommendation: That Council adopt the attached resolution.

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4.4 Issuance of General Obligation Bonds

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Speaker: Karen Mills, Finance

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Executive Summary: To fulfill the Town s commitments from the 2012 voter- approved Bond issue to serve Town citizens by constructing debt funded

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transportation, parks, and fire projects, and to maximize financial flexibility to

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manage the Town s capital program, the Town should issue general obligation bonds in July 2019. Council action is required to appropriate bond

financing
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and approve a resolution to authorize the bond sale.

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Recommendation: That Council approve the attached resolution authorizing

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the issuance of general obligation public improvement bonds; and

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appropriate 4,697,980 of 2012 Transportation authority to Carpenter Fire

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Station Road Grade Separation project (ST1204), return 4,697,980 of

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unrestricted cash to general capital reserve, appropriate 510,000 of 2012

Fire authority to Aerial Ladder Replacements project (FR1055), and return

510,000 of unrestricted cash to general capital reserve.

4.5 2019 Work Plans for Citizen Advisory Boards and Commissions

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Speaker: Brittany Strickland, Town Clerk s Office

Executive Summary: The Council advisory Boards and Commissions

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(hereinafter boards ) annually review their work plans in accordance with Policy Statement 150 (General Rules of Order for Town of Cary Boards and

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Commissions and Other Groups Appointed by The Town Council). Staff and

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Council liaisons worked with their respective boards to update their work

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plans for 2019, ensuring they align with the Town s mission statement and statement of values.

Recommendation: Staff recommends adoption of the work plans of the

advisory Boards and Commissions.

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4.6 FY 2019 Street Improvements Project B Bid Award

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Speaker: Amir Nezarati, Transportation and Facilities

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Executive Summary: Continuing in our efforts to maintain our asphalt

pavement, staff has worked within the remaining budget of the FY 2019

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Street Improvements budget to compile an additional street maintenance

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package for construction. Well maintained streets provide smoother roads reducing vehicle maintenance costs, improved neighborhood aesthetics,

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opportunities to upgrade pedestrian facilities, and repair drainage issues.

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Recommendation: That Council (1) award the construction of the FY 2019

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Street Improvements Project B to the Barnhill Contracting Company for

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754,693.00 and (2) authorize staff to make reasonable revisions to the

streets listed in Tables 1 to add or delete streets as permitted by the bidding

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documents. The recommendation of award by Council represents a

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preliminary determination, and no legally binding acceptance of the bid or

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offer occurs until the Town has executed a written agreement. The contract

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award is subject to the contractor providing all bonds, insurance, and other

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required documents and executing a contract in a form agreeable to the

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Town.

4.7 Streets Maintenance Exchange

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Speaker: Kyle Hubert, Transportation and Facilities

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Executive Summary: To efficiently balance street maintenance needs with

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available funding, staff has been in discussions with the North Carolina

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Department of Transportation (NCDOT) to exchange maintenance

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responsibilities of several streets in Cary. The purpose of the street

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maintenance exchange is for NCDOT to maintain major thoroughfares, while

Cary maintains smaller local and collector streets. Over the years, similar

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resolutions have been passed to clarify the exchange of street maintenance

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responsibilities between Cary and NCDOT.

Recommendation: Adopt the attached Resolution requesting that (1) sections

of Morrisville Parkway and Cary Parkway be added to the State Highway

System; and (2) sections of Turner Creek Road, Piney Plains Road, Old

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Raleigh Road, and Gregson Drive be removed from the State Highway System

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and become the responsibility of Cary.

4.8 Remove Citizen s Convenience Center Hours from Town Code of Ordinances Speaker: Scott Hecht, Public Works

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Executive Summary: The Citizen s Convenience Center is a drop-off facility that provides citizens with options for disposing of waste, yard waste,

and
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recyclables. Residents can quickly and easily dispose of waste, reducing the

likelihood that items slated for disposal are stored in less appropriate

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locations. It also helps to ensure waste and recyclables are disposed of

properly. To set clear expectations for residents, the days and hours of the

Convenience Center had been included in the Town s Code of Ordinances. This is the only Town-owned facility with specific days and hours listed in

the
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Code. Due to fluctuations in resident needs, inclement weather, and holiday

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closings of the South Wake Landfill, staff has recognized the need for greater

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flexibility on the Center s schedule. Rather than request approval from Council for each update, removal of this specific wording from the ordinance

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will allow Public Works to continuously assess the needs and make

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adjustments while still providing high quality services to our community.

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Recommendation: Staff recommends that Council adopt the attached

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amendment to Town of Cary Code of Ordinances Sec. 26-146(b).

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4.9 Street Renaming

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Speaker: Debra Grannan, Planning and Development Services

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Executive Summary: The Carpenter Fire Station Road Realignment Project will

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require the renaming of several street segments. A comprehensive approach

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will be taken with renaming the major road segments and will likely coincide

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with the completion of the realignment project. However, to enhance public

safety response, one segment of road affected by this project needs to be

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renamed now. As part of the Carpenter Fire Station Road Realignment Project,

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the at-grade CSX railroad crossing near NC 55 Highway was eliminated,

creating a gap in Carpenter Fire Station Road on the east side of NC 55

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Highway. To minimize the potential for any delays or confusion in the event of

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an emergency, it is necessary to rename this newly created road fragment.

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The fragment is not within Cary s corporate limits, so Wake County must rename the road, but the County has asked Cary to provide the name. Staff

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has worked with the impacted property owners to select a new name for

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consideration.

Recommendation: Town Council adopt the attached resolution requesting

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Wake County change the name of a portion of Carpenter Fire Station to

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Bandelier Lane.

5. PUBLIC HEARINGS

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

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applauding speakers, or other actions that distract the meeting.

No public hearings.

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

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

No public hearings.

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7. CLOSED SESSION

Closed Session will be called if necessary.

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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

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www.youtube.com/TownofCaryChannel.


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