A.  COMMENCEMENT

1.  Call to Order (Provided)

2.  Ceremonial Opening (Provided)

3.  Adoption of agenda (Adopted)

B.  CONSENT AGENDA  

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 December 13, 2007; the minutes of the work session regarding development fees held on December 18, 2007; and the minutes of the work session regarding mixed use sketch plans held on December 19, 2007. (Approved)

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.   REZONING 07-REZ-19, Old Apex Rezoning
Location: 1517 and 1521 Old Apex Road
Current zoning: Office, Research and Development Conditional Use (ORD-CU)
Requested zoning: Industrial Conditional Use (I-CU) to permit certain industrial uses
Acreage: 2.87 ±
Speaker: Ms. Jennifer Currin
Comprehensive Plan Consistency: In accordance with N.C.G.S. 160A-383, and based upon the recommendations and detailed information developed by staff and/or the Planning & Zoning Board contained in the case report, approval of this case by the Cary Town Council will officially adopt the individual rezoning report as evidence that consistency with the Comprehensive Plan has been thoroughly evaluated and that this is a reasonable action to further the community’s public interest in carrying out the Comprehensive Plan.
Planning and Zoning Board Recommendation: unanimous to approve
Recommended Council Action: Council may take final action (Approved)

b.   07-SP-090, JM Thompson Flex Building
General location: East of Travis Park Drive, approximately 500’ south of the intersection of Travis Park Drive and East Chatham Street
Request: The applicant, Gontram Architecture, Inc., representing JM Thompson Company, has requested approval of a development plan to construct a one-story office building on property located at 221 Travis Park Drive.  The plan also includes a request to reduce the width of the 100’ Thoroughfare Overlay District Buffer to 30’.
Presenter: Mr. Bob Benfield
Suggested council action: council may take action (Approved)  

3.   Planning and Development Committee, December 20, 2007 (any committee consent agenda item pulled for discussion will be discussed at the end of the committee discussion portion of the agenda, which is item G on this agenda) (Mr. Portman)

a.   Interlocal Inspections Agreement for Newly Annexed Properties (IP08-003)
Committee unanimously recommended approval of an interlocal agreement between Wake County and the Town of Cary authorizing Wake County inspectors to continue to provide inspection and permitting functions within the Town of Cary’s newly annexed areas. (Approved)

b.   Stanton Place Subdivision Traffic Calming (PL08-020)
Committee unanimously recommended that staff inform the residents of both Glenridge and Stanton Place of their option to submit to the Town a petition for traffic calming measures. (Approved)

4.   Operations Committee, January 3, 2008 (any committee consent agenda item pulled for discussion will be discussed at the end of the committee discussion portion of the agenda, which is item G on this agenda) (Mrs. Robison)

a.   NCDOT Municipal Agreement for Cary High School Pedestrian Improvements (EN08-061)
Committee unanimously recommended appropriation of $53,201 from general capital reserve unrestricted fund balance to a newly created Cary High School Pedestrian Improvements – NCDOT Agreement project to address an invoice in the amount of $53,200.70 from NCDOT. (Approved)

b.   Bid Award – Swift Creek Crossing Sanitary Sewer Extension (EN08-063)
Committee unanimously recommended awarding the Swift Creek Crossing Sanitary Sewer Extension Project in the amount of $175,429.00 to Moffat Pipe, Inc.  Approval by Council represents a preliminary determination as to the qualification of the bidder and no legally binding acceptance of the bid or offer occurs until the Town has executed a written agreement. (Approved)

c.   Recognition of Funds for Damage Incurred at South Cary Water Reclamation Facility (SCWRF) (EN08-065)
Committee unanimously recommended recognition of payment by the electrical subcontractor, Barnes and Powell, to the Town in the amount of $22,812.38 within the Utility Operations Fund to compensate for damages associated with the power line break of November 6, 2007 at the SCWRF.  Committee further recommended appropriating the same amount to the SCWRF operating accounts to cover the related expenses. (Approved)

d.   Additional Funding for Tryon Road Widening – Phase II (EN08-066)
Committee unanimously recommended the appropriation of $630,000 in transportation development fee fund balance to the ST1092 Tryon Road Widening – Phase II project.  These funds should be budgeted within the ST1092 construction account for expenditure. (Approved)

e.   Bid Award – 2007 Inflow/Infiltration Elimination and Manhole Repair Project (EN08-067)
Committee unanimously recommended awarding the 2007 Inflow/Infiltration Elimination and Manhole Repair Project contract to Pro-Rehab Construction, Inc. for $249,051.  This award by Council represents a preliminary determination as to the qualification of the bidder and no legally binding acceptance of the bid or offer occurs until the Town has executed a written agreement. (Approved)

f.    Agreement with Cary Area EMS (FD08-03)
Committee unanimously recommended approval of a Memorandum of License Agreement with Cary Area Emergency Medical Services, Inc., to co-locate in Town of Cary Fire Station 5. (Approved)

g.   Special Audit Reports (FN08-05)
Committee unanimously recommended that council accept the Special Auditor Reports for the fiscal year ended June 30, 2007 . (Approved)

h.   Amendments to Schedules (Stop Streets) (PD08-012)
Committee unanimously recommended adoption of an ordinance amendment to Town Code §34-329 (stop streets). (Approved)

i.    Amendments to Schedules (Speed Limit) (PD08-013)
Committee unanimously recommended adoption of an ordinance amendment to the Town Code §34-333, Schedule XIII designating Del Webb Avenue to be limited to speeds of 30 mph. (Approved)

j.    North Carolina Parks and Recreation Trust Fund Grant Application (PR08-15)
Committee unanimously recommended endorsement of a grant request to the North Carolina Parks and Recreation Trust Fund Grant program for $500,000 for construction of Phase 1 of Bartley Park. (Approved)

k.   North Carolina Recreational Trails Program Grant Application (PR08-16)
Committee unanimously recommended endorsement of a grant request to the North Carolina Recreational Trails Program for $75,000 for construction of Phase IV of Black Creek Greenway. (Approved)

l.    Fit Community Designation (PR08-19)
Committee unanimously recommended endorsement of a “Fit Community” grant request to the North Carolina Health and Wellness Trust Fund and Blue Cross and Blue Shield of North Carolina for 2008 grant program requesting $60,000 to assist in funding physical activity and healthy eating in our community. (Approved)

m.  Contract Amendment and Appropriation of Funds to the Morrisville Merger Project
(PWUT08-14)
Committee unanimously recommended approval of the appropriation of $99,979 from utility capital reserve unrestricted fund balance to the contracted services account within the WT1116 Morrisville Merger – Utility Merger Study project for expenditure for services related to utility line surveying and easement acquisition for the transfer of private water and sewer line easements to the Town of Cary.  This appropriation of funds will bring the total project budget for WT1116 to $771,640. (Approved)

n.   Agreement with Wake County and Funding for Acreage Fee Reimbursement for the South Wake Waterline Project (PWUT08-15)
Committee unanimously recommended approval of funding in the amount of $141,464.70 from utility capital reserve unrestricted fund balance to a newly created water capital project entitled Wake County Acreage Fee Reimbursement - South Wake Waterline for payment to Wake County for acreage fee reimbursement for the installation of the South Wake Waterline project. (Approved)

o.   Selection of an Engineer to Assist With Drought Related Raw Water Quality Conditions (PWUT08-16)
Committee unanimously recommended appropriation of funds in the amount of $200,000 to the contracted services account within the WT1158 Contingency Planning for Treatment of Poor Quality Raw Water project in order to prepare for anticipated poor quality water related to the drought and for the selection of a consultant to study and recommend a short and long-term plan of action.  Committee further recommended the appropriation of $154,000 from the utility capital reserve unrestricted fund balance, with the remaining $46,000 necessary to complete design to be provided by the Town of Apex. (Approved)

p.   Street Litter Update (PWUT08-17)
Committee unanimously recommended that council accept staff’s update on current activities to reduce litter in the Town. (Pulled from consent for discussion; refer to item G.2.)

q.   Summerwinds Water and Sewer Extension Resolution (EN08-060A)
Committee unanimously recommended approval of condemnation resolutions related to securing easements for the Summerwinds Water and Sewer Extension Project, directing staff to continue pursuing more advantageous sewer easement alignment options and to continue working with affected property owners to identify fair value and compensation. (Approved)

r.    Federal Legislative Agenda for FY2009 (AD08-007)
Committee unanimously recommended adoption of the proposed FY2009 Federal Legislative Agenda. (Approved)

s.   Organization Review (AD08-008)
Committee unanimously recommended the appropriation of $120,650 from unappropriated fund balance to fund an organizational effectiveness study to be conducted by CH2M Hill and directed staff to provide council with the resulting report and recommendations. (Approved)

t.    Traffic Calming Options for Bordeaux Lane in MacGregor West (EN08-062)
Committee unanimously recommended installing four traffic calming devices (speed humps) on Bordeaux Lane, three to be located south of the intersection of Govan Lane and one to be located north of the intersection of Govan Lane.  Committee further recommended directing staff to advise the community of this decision and the 25% cost share requirement via a letter detailing history of data collection and citizen input that led to the action and extending the standard six-month time frame for the affected neighbors to provide the Town with their share of the cost. (Pulled from consent for discussion; refer to item G.2.)

u.   Dual Force Main Construction for West Cary Force Main (WCFM) South (EN08-068)
Committee unanimously recommended approval of providing dual force mains for the Phase 1 West Cary Force Main Project, including submittal of this item for additional consideration by the Western Wake Policy Advisory Committee.  Committee further recommended including both Phase 1 and Phase 2 pipelines for the WCFM project in the upcoming capital budget. (Approved)

v.   Dual Force Main Construction for Beaver Creek Force Main (BCFM) (EN08-069)
Committee unanimously recommended approval of providing dual force main option for the Beaver Creek Force Main Project, including submittal of this item for additional consideration by the Western Wake Policy Advisory Committee.  Committee further recommended including both Phase 1 and Phase 2 pipelines for the BCFM project in the upcoming capital budget. (Approved)

w.  Parks, Recreation and Cultural Resources Comprehensive Sign Plan (PR08-07)
Committee unanimously recommended approval of the PRCR Comprehensive Sign Plan with the following clarifications:
(1) ID-2 and ID-3 signs are to be excluded from the Comprehensive Sign Plan;
(2) Use of a 5th color on ID-1 for special facilities is allowable for inclusion of sponsor logos;
(3) Allowance of an 8’ height for the ID-6 “Directory” sign;
(4) Allowance of a 6’ height for WAY-5 neighborhood wayfinding signs;
(5) Committee directed staff to return with illustrations and alternatives for ID-7 for council consideration in 90 days;
(6) Committee directed staff to develop a wayfinding plan for directing the public to parks and greenways that complies with the Town’s sign ordinances for council consideration in 90 days. (Pulled from consent for discussion; refer to item G.2.)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

1.   Presentation of a proclamation to former Cary High and current Wake Forest University football player Josh Adams. (Presented)

2.   Presentation of a proclamation to Cary citizen Bobby McGill honoring his act of heroism in our community. (Presented)

3.   Recognition of Sam Trogden of the Parks, Recreation and Cultural Resources staff as recipient of the Outstanding Young Professional Award from the NC Recreation and Park Association. (Presented)

4.   Presentation of the NC Recreation and Parks Association Arts and Humanities Award to the Parks, Recreation and Cultural Resources Department for the 30th Annual Lazy Daze Arts & Crafts Festival. (Presented)

D.   PUBLIC HEARINGS  

1.   Public hearing to consider a proposal for a new boards and commissions appointment process. Following the public hearing the council may take action on the proposal and may consider various waivers to the Town Code.

2.   REZONING 07-REZ-33, Davis Drive Office Building
Location: 3451 Davis Drive
Current zoning: Residential Multi-Family Conditional Use (RMF-CU)
Requested zoning: Office and Institutional Conditional Use (OI-CU) on 3.5 acres and General Commercial Conditional Use (GC-CU) on 2.15 acres to allow enhanced buffers and greenway connectivity
Acreage: 5.65 ±
Speaker: Mrs. Debra Grannan
Suggested council action: council may forward to the March 17, 2008 Planning and Zoning Board meeting (Referred to 3/17/08 P&Z meeting)

3.   REZONING 07-REZ-34, Evans Estate Phase II
Location: 160 feet north of the intersection of Anita Way and Evans Estates Drive
Current zoning: Residential 40 (R-40)
Requested zoning: Residential 12 Conditional Use (R-12-CU) to allow a maximum of 40 lots and specify minimum lot size
Acreage: 14.90 ±
Speaker: Mrs. Debra Grannan
Suggested council action: council may forward to the March 17, 2008 Planning and Zoning Board meeting (Referred to 3/17/08 P&Z meeting)

4.   REZONING 07-REZ-35, Highland Village Planned Development District (PDD) Amendment
Location: North of High House Road between Old Apex Road and West Chatham Street
Current zoning: PDD
Requested zoning: PDD Amendment to increase the number of multifamily dwelling units and overall density
Acreage: 16.65 ±
Speaker: Ms. Jennifer Currin
Suggested council action: council may forward to the March 17, 2008 Planning and Zoning Board meeting (Referred to 3/17/08 P&Z meeting)

5.   MIXED USE SKETCH PLAN; 07-MU-09, SAS Harrison Avenue
Location: East of North Harrison Avenue, north and south of Richard Drive extending southward to Research Drive
Current zoning: Office/Institutional Conditional Use (OI-CU) and Residential 20 (R-20) in the SAS Regional Mixed Use Overlay District
Request: Mixed Use Sketch Plan to allow office uses and elementary school
Acreage: 58.59 ±
Speaker: Mr. Bob Benfield
Suggested council action: council may forward to the April 21, 2008 Planning and Zoning Board meeting (Referred to 4/21/08 P&Z meeting)

E.   PUBLIC SPEAKS OUT (see official minutes)  

F.   LAND DEVELOPMENT DISCUSSION ITEMS (any item pulled from the land development consent agenda for discussion [item B.2. on this agenda] will be discussed during this portion of the agenda)

N/A

G.  COMMITTEE REPORTS (discussion items)

1.   Planning and Development Committee, December 20, 2007 (any item pulled from the committee consent agenda for discussion [agenda item B.3.] will be discussed during this portion of the agenda) (Mr. Portman)

N/A

2.   Operations Committee, January 3, 2008 (any item pulled from the committee consent agenda for discussion [agenda item B.3.] will be discussed during this portion of the agenda) (Mrs. Robison)  

a.   Street Litter Update (PWUT08-17)
Committee unanimously recommended that council accept staff’s update on current activities to reduce litter in the Town. (staff will bring a more aggressive plan to council in the next 60 days)

 

b.   Traffic Calming Options for Bordeaux Lane in MacGregor West (EN08-062)
Committee unanimously recommended installing four traffic calming devices (speed humps) on Bordeaux Lane, three to be located south of the intersection of Govan Lane and one to be located north of the intersection of Govan Lane.  Committee further recommended directing staff to advise the community of this decision and the 25% cost share requirement via a letter detailing history of data collection and citizen input that led to the action and extending the standard six-month time frame for the affected neighbors to provide the Town with their share of the cost. (the Town will install three speed humps all south of the Govan intersection; council will allow 90 days for homeowners to submit funds to the Town; council agreed to continue with the 25% cost share and the neighborhood notification)

 

c.  Parks, Recreation and Cultural Resources Comprehensive Sign Plan (PR08-07)
Committee unanimously recommended approval of the PRCR Comprehensive Sign Plan with the following clarifications:
(1) ID-2 and ID-3 signs are to be excluded from the Comprehensive Sign Plan;
(2) Use of a 5th color on ID-1 for special facilities is allowable for inclusion of sponsor logos;
(3) Allowance of an 8’ height for the ID-6 “Directory” sign;
(4) Allowance of a 6’ height for WAY-5 neighborhood wayfinding signs;
(5) Committee directed staff to return with illustrations and alternatives for ID-7 for council consideration in 90 days;
(6) Committee directed staff to develop a wayfinding plan for directing the public to parks and greenways that complies with the Town’s sign ordinances for council consideration in 90 days. (approved committee's recommendation)

H.   OLD/NEW BUSINESS (any item pulled from the regular consent agenda for discussion [agenda item B.1.] will be discussed during this portion of the agenda)

1.   Mixed Use Sketch Plan 07-MU-07, Richard Drive Property
Location: Northeast intersection of North Harrison Avenue and Richard Drive
Current zoning: Office and Institutional Conditional Use (OICU) and Residential-20 (R20) in the SAS Regional Mixed Use Center
Request: Mixed Use Sketch Plan to allow office, retail, multi-family and hotel uses
Acreage: 5.70±
Speaker: Mr. Bob Benfield
Proposed council action: Council tabled this item at the November 8, 2007 council meeting in order for it to be on the same agenda as 07-MU-09; council may forward this item to the April 21, 2008 Planning and Zoning Board meeting. (Referred to 4/21/08 P&Z meeting)

2.   Council appointments to the seven-member task force charged with creating a framework and process by which citizens can petition the Town to allow them to formally meet as a group on a particular topic with a mission and a goal. In a given amount of time each group would report to the council their recommendations. (Appointed David Forvendel, Tommy Byrd, Vickie Maxwell, Lori Bush (chair), Don Hyatt, Susan Lawson and Lloyd Hinnant)

I.    CLOSED SESSION (called)

J.   ADJOURNMENT (12:30 p.m.)

Please contact the Cary Town Clerk with any questions about this action agenda. The e-mail address is sue.rowland@townofcary.org, and the phone number is (919) 469-4011. Visit our Web site at www.townofcary.org for more detailed information about each agenda item.