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Monday, November 25, 2024

Cary Village Board rejects zoning petition for telecommunications antenna

Meeting 10

The Cary Village Board met June 21.

The Cary Village Board includes six trustees who are elected at-large to four-year overlapping terms. The board meets at 7:30 p.m. on the first and third Tuesday of each month in the Village Board Room at the village hall, 655 Village Hall Drive.

Here are the meeting minutes as provided by Cary:

I. Call to Order 

This meeting was called to order at 7:35 p.m. by Mayor Kownick.

II. Roll Call 

Present: Trustees Dudek, Covelli, Chapman, McAlpine, Kraus, Cosler

Others present included Village Administrator Clark, Clerk Bragg, Village Attorney Simon, Assistant Village Administrator Rife, Chief Finlon, Director of Community Development Simmons and members of the audience per the sign-in sheet.

Pledge of Allegiance 

Mayor Kownick led in the recitation of the Pledge of Allegiance.

IV. Open Forum 

The public is invited to make an issue-oriented comment on any matter of public concern not otherwise on the agenda. 

There being no comments from the public, Mayor Kownick closed Open Forum at 7:36 p.m.

V. Mayor’s Report 

1. Employee Recognition — John Stein, Public Works Department, Five Year Employment Anniversary

Mayor Kownick recognized John Stein, Public Works Department, on his fifth year employment anniversary.

2. Employee Recognition — Jolyn Henderson, Police Department, One Year Employment Anniversary 

Mayor Kownick and Chief Finlon recognized Jolyn Henderson, Police Department, on her first year employment anniversary.

3. PROCLAMATION Recreation and Parks Month – July 2016

Mayor Kownick proclaimed July 2016 as Recreation and Parks Month in the Village of Cary.

VI. Consent Agenda

1.  Consider for Approval Minutes of the June 7, 2016 Committee of the Whole Meeting 

2. Consider for Approval Minutes of the June 7, 2016 Village Board Meeting 

3. Consider for Approval the Warrant Dated 06/21/2016

4. Consider for Approval (Ordinance ?O16-06-06) Waiving the Restrictions of Section 5.20 (Loudspeakers & Amplifiers) of the Cary Code of Ordinances for a Festival at SS. Peter and Paul Church Located at 410 N. First Street 

5. Consider for Approval an Application for Outdoor Seating at a Food and Drink Establishment that Serves Alcohol — Cary Ale House and Brewing Company (208 W. Main Street)

6. Consider for Approval (Resolution #R1 6-06-09) Awarding the Sunset-Crest Hazard Mitigation Grant Program Final Grading Bid

7. Consider for Approval (Resolution #R16-06-10) Granting a Reduction of Meyer Material Company’s Impact Fee Letter of Credit and Land Conservancy Maintenance Letter of Credit

8. Consider for Approval (Resolution #R16-06-1 I) Joint Purchase Bid Award for the Purchase of a 2016 F-250 4x4 Pickup Truck Motion: Trustee McAlpine moved, seconded by Trustee Cosler to approve the Consent Agenda Items #1-#4 and #6 - #8.

Ayes: McAlpine, Cosler, Kraus, Dudek, Covelli, Chapman Nays: None

Motion Carried.

Motion: Trustee Chapman moved, seconded by Trustee Kraus to approve the Consent Agenda Item #5.

Discussion Trustee Dudek stated his support of outdoor seating for the Cary Ale House. Trustee Dudek asked if the Cary Ale House considered placing the outdoor seating in the front of the building.

Mr. Chris Panagakis, 208 W. Main St., explained his operational concerns with locating the outdoor seating in front of the building.

Ayes: Chapman, Kraus, Cosler, Covelli, Dudek, McAlpine Nays: None

Motion Carried.

VII. Items for Separate Action 

1. Consider for Approval (Resolution #R16-06-12) Authorizing the Acceptance of a Zoning Application for a Conditional Use for a Telecommunications Antenna for the Property Located at 30 Northwest Highway Motion: Trustee Chapman moved, seconded by Trustee McAlpine to approve (Resolution #R16-06-12) authorizing the acceptance of a zoning application for a conditional use for a telecommunications antenna for the property located at 30 Northwest Highway.

Discussion 

Director Simmons gave the Village Board an overview of the Petitioner’s request.

Mr. Richard Riley (PI), Petitioner, provided apresentation to the Village Board.

Trustee Chapman asked if the tower could be moved behind Manfred’s so the buildings could hide the bottom of the tower. Mr. Riley stated he did not know if that could be accomplished, he would have to talk to property owner.

Trustee McAlpine stated the reason the Village Board rejected the last petition was due to its location. Trustee McAlpine asked if the industrial park location was considered. Mr. Riley stated the industrial park did not meet criteria.

Trustee Cosler asked if the antennas are T-Mobile’s or PI's. Mr. Riley stated they are T-Mobile’s antennas.

Trustee Cosler asked if T-Mobile can lease space on a water tower. Assistant Village Administrator Rife stated there is space available on Tower #2 (Nighthawk & Three Oaks Road).

Trustee Dudek stated his opposition to this petition.

Mr. Gary Fischer, owner of the property, addressed the Village Board regarding the proposed antenna.

Mayor Kownick asked about the 70’ x 70 base enclosure. Mr. Riley stated the size is a result of having four carriers there, having four equipment buildings/platforms with cabinets on them and having the space to move around easily.

Ms. Mary Ruys, 421 Krenz Ave., addressed the Village Board regarding her support of the petition.

Ayes: Chapman, Kraus, Cosler 

Nays: McAlpine, Dudek, Covelli, Kownick

Motion Failed.

VIII. Administrator's Report

- Update on Meyer Material Mining Agreement Administrator Clark gave the Village Board a presentation on the Meyer Material agreement. Administrator Clark stated Meyer Material may submit a new petition for Village Board consideration.

Trustee Dudek asked if it is possible to set aside funds for property owners in Fox Trails if a new agreement is approved. Administrator Clark stated this would be possible through a

rebate program. Administrator Clark further stated the concept of a tax abatement as a nonhome rule community is not possible through the property tax bill.

Trustee Dudek stated his support of sending this item back to the ZPA if there is new evidence to be presented by Meyer Material.

Trustee Chapman asked Trustee Cosler to explain an email he sent to the Village Board. Trustee Cosler explained his email to the Village Board. Trustee McAlpine read a statement regarding Trustee Cosler’s email.

IX. Department Head Reports

None.

X. Future Agenda Items and Discussion by Village Board

None.

XI. Adjourn

Motion: Trustee Kraus moved, seconded by Trustee McAlpine to adjourn.

Ayes: All ayes by voice vote 

Nays: None

Motion Carried.

The meeting adjourned at 9:34 p.m.

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