A.   COMMENCEMENT

1.    Call to Order (Provided)

2.    Ceremonial Opening (Provided)

3.   Adoption of agenda (Removed item F.1., Rezoning 06-REZ-28, Old Maynard Planned Development District Amendment, at the request of the applicant; this item will be scheduled for the 2/8/07 council meeting)

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 January 11, 2007. (Approved)

b.   Consideration of adoption of certificates of sufficiency and resolutions calling for public hearings on the following annexations:

(1)  06-A-35
Property is located at 2004 Trenton Road and contains 8.70 acres. The associated rezoning case is 06-REZ-25 (Hospice Facility of Wake County). (Approved)

(2)  06-A-36
Property is located at the Park at West Lake, which is south of Optimist Farm Road, east and west of West Lake Road and north and west of the South Cary Water Reclamation Facility and contains 110.52 acres. The associated rezoning is 06-REZ-36 (Park at West Lake). (Approved)

(3)  06-A-38
Property is located 1,340 feet east of the intersection of West Lake Road and Optimist Farm Road and contains 6.22 acres. The associated rezoning is 06-REZ-35 (Tom Davis Homes). (Approved)

c.   Consideration of adoption of the January 2007 tax report. (Approved)

2.   Planning and Development Committee, January 18, 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)

a.   Singh Green Level Road Subdivision – Request to Make a Payment-in-Lieu of Thoroughfare Improvements (EN07-072)
Committee unanimously recommended that Town Council allow the developer of Singh Green Level Road West Subdivision make a payment-in-lieu of thoroughfare improvements. (Approved)

b.   Briarcliff Apartments – Request to Close Connector Road (EN06-060A)
Committee unanimously recommended that this item go to full Council on consent with a recommendation to deny the request to close the private connector road from Cheswick Place to Bargate Road. (Approved the committee's request to deny)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

N/A

D.   PUBLIC HEARINGS

1.   Mixed Use Sketch Plan 06-MU-07, Cornerstone
The property is located in the northeast corner of Davis Drive and High House Road and contains 67.90 acres. The request is to allow retail, office, multi-family and single-family uses. This public hearing was continued from the January 11, 2007 council meeting. Council may refer this item to the March 19, 2007 Planning and Zoning Board meeting. (another public hearing on any changes to the plan will be conducted at the 3/22/07 council meeting)

2.   Consideration of adoption of the following annexation petitions:

a.   06-A-34, The Park at Langston, LLC
The property is located on Truelove Drive, 3,880 feet north of Optimist Farm Road and Bells Lake Road, and contains 14.29 acres. The associated rezoning case is 06-REZ-23 (Park at Langston). Council may hold the public hearing. No action is required. Staff will place this annexation on the February 22, 2007 council agenda for final action to allow it to track with the associated rezoning. (Referred to 2/22/07 council meeting agenda for final vote)

b.   06-A-37, Albert Murray Council Heirs, ETAL
The property is located at 3620 Green Level Church Road West and 3610 and 8425 Green Level Church Road and contains 19.54 acres. The associated development plan is 06-SB-019 (Singh Green Level Road West Subdivision). Council may take action. (Approved)

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)

1.   Rezoning 06-REZ-28, Old Maynard Planned Development District Amendment
Consideration of adoption of an ordinance to rezone land. The property is located at the northwest intersection of Old Maynard Road and McCrimmon Parkway and contains approximately 40.76 acres. The request is to amend the current planned development district to reduce internal building setbacks. The majority of the Planning and Zoning Board recommended approval of this rezoning. Due to a valid protest petition, five affirmative votes are required for the council to approve this item. Council may take action. (Removed from agenda and scheduled for 2/8/07 council meeting) 

G.   COMMITTEE REPORTS (discussion items)

Planning and Development Committee, January 18, 2007 (any item pulled from the committee consent agenda for discussion [agenda item B.3.] will be discussed during this portion of the agenda)

N/A

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.   Consideration of adoption of the Town of Cary 2007 State Legislative Agenda and award of contract for lobbying services. Council may take action.

      Council approved the following:

      Local bills for 2007: (1) Add Cary to Session Law 2005-12 (SB332) that allows Charlotte and Greensboro to designate someone other than the City Clerk to issue closing-out sale licenses and (2) Advocate for Land and Water Conservation Bonds. 

      Council directed to monitor the following for advocacy: (1) Support legislative agenda of Triangle J Council of Governments (TJCOG), NC League of Municipalities, and Wake County with the exception of item 7 on the Wake County legislative agenda that proposes to seek local legislation that would require school members to be elected at large, rather than by districts; (2) Monitor General Assembly for action related to issues that could impact Cary including, but not limited to, interbasin transfer, annexation, eminent domain, landfill moratorium, law enforcement, collective bargaining, clean water bonds, red light cameras, municipal employee benefits, and at-grade railroad crossings; (3) the consultant should report back to council on activity of others in Wake area asking to piggy-back on Apex’s authority for historic preservation and at the same time proceed with internal review at how Apex's ordinance is crafted and how Cary might pursue similar authority with understanding that if information is received in time then the council may choose to place this on the local bill list for 2007.

      The consultant should also provide more information on the statewide smoking issue that may come before the general assembly.

      Council awarded lobbying services contract to Womble Carlyle Sandridge & Rice.

2.   Consideration of approval of an agreement between the Town, Wake County Public School System and the Cary Park Developer to locate an elementary and middle school on property owned by the Town. Council may take action. (Approved with revenue recognized in the open space project)

I.    CLOSED SESSION (called prior to item H on this agenda; following closed session the council approved $25,000 in incentives from the Town of Cary to Healthways; a contract will be on a future council agenda)

J.   ADJOURNMENT (8:41 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.